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HomeMy WebLinkAbout32-Police Department el1(,., OF SAN BERNARDI(J) - REQUE:JT FOR COUNCI~"":fON From: BENJAMIN GONZALES. CHIEF OF POLICE POLICE OEPARTMENT Subject: LEASE AGREEMENT 2021 E. Highland Avenue San Bernardino. CA Dept: Date: 9-26-85 Synopsis of Previous Council action: The Police Oepartment currently operates a Community Service Office out of a City owned mobile home trailer at 2021 E. Highland Avenue. The space is leased at $40 per month for 800 square feet. The land lDcation has been sDld and the current lease expires October 2, 1985. The new land owners are willing to continue the current lease agreement only on a 30-day termination clause and eyentually require remoyal of the trailer. Recommended motion: The lease agreement. with a 30-day termination clause. for land use at 2021 E. Highland Ayenue be approved until alternate site can be negotiated. #- o Signature Contact person: Captain P. Bonanno Phone: 383-5352 Supporting data attached: See Memo Ward: Seyen (7) FUNDING REQUIREMENTS: Amount: $480 Source: Finance: tJ.,. 001-218-53010 ,- J/ ....-<.- . Council Notes: 75-0262 Agenda Item NO~' OTY OF SAN BERQARDINO :.J- MEMORANDUf..,; v' T) ;),'. :," )R["('.- (~.T.J :l-"Ti,')I\ICY ,,'""'!\-,I' ~~c.., ,,~! ~J':r._ From C.1~ cA I~~ ::>. 8:)NP.-mo FIELD OPE~AT!aNS E - SE P -,-1 5 SuLjec: ~E~E~AL lF CO~TRAC. Date ,D.:JcrS"ie.j D::lte 'e :eJS2 agreement for ~ne ~oll:e C0~unity Service ,: <')21 E. H'g~iand ,\v<?'ue expJ-es Jct00er 2, 1935. ~ffices, I~c., has sold t,e Qroper:y ~J: Office (mobile home' The lessor, Uhlmann Arncld-~ac~fic Drop~rties, Inc. 1254 Irvine 31Yd., Suite 210 TYStl1, SA 925al "714) 73G-L225 ')n '-11-85 I sP'JKe<l'th ,'r. Dav;j PaYNer, Droject '1anager. ;1r. Paynter ~::~:.2(J re ~:; f'amili.3r 'Nith ')ur prese!1ce and operatio" at the site. ,..J,Qwever, tre ~ew ,')wners are ar;ticipat~r'1g a major renovation of the ;JrJpercY 'lnd at the time of actual co~struction they would require the ;J'ffice :0 move. !1 the i~terim, Mr. Day~ter stated his company is amenable to allowing the C'':y to remai~ at th" site under the same lease condition currently rnai 1tained, but would like assurance of a 30-day termination clause by ~i:'er party. It is unknown at this time how long this condition would ex 1 '5'"C.. It is recommended that a new leas2 be prepared as such and forwarded to Mr. Pay~ter for signature. ~ / ~. CAP;~!~ P. BONANN FIeLD OPERATIONS PB/pg cc: ~1ayorWilcox Mr. Matzer, City Administrator c, ., YON ., H I :;Ml)V~ "",,;*' ~,'" RESOLUTION NO. 1 2 3 4 5 6 7 8 9 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A LEASE WITH ARNOLD-PACIFIC PROPERTIES, INC., RELATING TO THE PREMISES LOCATED AT 2021 HIGHLAND AVENUE AND PERMITTING THE CITY TO USE THE PREMISES FOR A POLICE COMMUNITY SERVICE OFFICE OR FOR ANY OTHER LAWFUL PUBLIC PURPOSES, REPEALING RESOLUTION NO. 84-528. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City a Lease with Arnold-pacific Properties, Inc., relating to the premises for a Police Community Service Office or for any other 10 lawful public purposes, a copy of which is attached hereto as Exhibit -A- and incorporated herein by reference as though fully set forth at length. SECTION 2. Resolution No. 84-528 is hereby repealed. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 / / / / 28 meeting thereof, held on the , 1985, by the following vote, to Bernardino at a day of wit: Council Members AYES: NAYS: ABSENT: City Clerk / / / / - ,;, The foregoing resolution is hereby approved this , 1985. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 of Approved as to form: /&~if~ (:ity torney day Mayor of the City of San Bernardino 2 J ~# LEAS!( ] 2 3 4 5 6 7 8 9 ]0 ]1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (Police Community Service Office) THIS LEASE is made and entered into this , 1985, by and between ARNOLD-PACIFIC PROPERTIES, INC., hereinafter referred to as .Landlord,R and the day of CITY OF SAN BERNARDINO, a municipal corporation, hereinafter referred to as .City.R The parties agree as follows: 1. This agreement is made with reference to the following facts and objectives: a. Landlord is the owner of the premises described as the shopping center located on the southeast corner of Highland and Sterling Avenues in the City of San Bernardino, and desires to lease a portion of the premises more particularly described as 2021 Highland Avenue, in the City of San Bernardino, County of San Bernardino, California, consisting of eight hundred (800) square feet, to City for consideration in the sum of forty dollars ($40) per month, to be used as a site for the placement of a mobile unit to serve as a Police Community Service Office (hereinafter .OfficeR) by the Police Department of the City of San Bernardino or for any other lawful public purposes. b. City entered into a lease with the Uhlmann Offices, the predecessor landlord, effective October 3, 1984, for a one- year period for the above-referenced premises. The Uhlmann Offices sold their right, title and interest in said premises to Landlord. Landlord is agreeable to entering into a lease with City under the same terms and conditions as contained in the previous lease, with the exception of Landlord providing a thirty r ' ,C lo./d'!l.1'll ^ 1 4. _ '- . - r' ....... " .", .....) (30) day notice to terminate the lease rather than a ninety (90) day notice as previously contained in the lease with Ohlmann Offices. City desires to lease the premises from Landlord pursuant to the provisions set forth herein. c. Landlord is contemplating major renovation of the property and at the commencement of construction would require the Office to move. It is unknown at this time when the actual renovation of the property will take place. However, Landlord shall give sufficient notice to City, as hereinafter set forth, prior to such renovation to allow City sufficient time to I relocate the Office. 2. Landlord leases to City and City leases from Landlord the real property described above, together with the appurtenant rights referred to herein. 3. The appurtenant rights referred to in this lease are as 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 follows: 17 18 19 20 21 22 23 that the present location of the mobile unit located on the 24 premises is acceptable to both parties. 5. ~. This lease shall commence October 3, 1985, and shall expire October 2, 1986. City may cancel this lease and terminate occupancy sooner for any reason upon two weeks written notice to Landlord. Landlord may cancel this lease sooner for any reason upon thirty (30) days' written notice to City. 2 , I . _ _ _ I a. City shall have full and unimpaired access to the premises at all times. b. Landlord gives to City and its authorized representatives and invitees the nonexclusive right to use common areas including parking areas. 4. Placement. It is understood by and between the parties 25 26 27 28 , - J. _ - -- - ... "" ,~- , ...... '-" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6. ~. City shall pay the total sum of four hundred and eighty dollars as rental for the term of this lease, which shall be payable at the rate of forty dollars per month. The rent shall be due and payable on the 3rd day of each month during the term of the lease. 7. Use of Premises. City shall use the premises for a Police Community Service Office for the Police Department of the City of San Bernardino or for any other lawful public purpose. 8. Fixtures. Alterations. and Duty to Maintain. City shall have the right to install such fixtures as are necessary for the proposed use of the premises, and such fixtures shall not become a part of the real property, provided, however, that installation of any fixture shall be subject to the prior approval of the Landlord, which approval shall not be unreasonably withheld. City may also make such repairs and improvements as are required to fit the premises for the proposed use. City shall maintain all portions of the premises in good condition and shall be liable for any damage above ordinary wear and tear to the premises resulting from the act or omissions of the City or its authorized representatives, but not from other persons. City agrees that it shall restore the premises to its original condition at the termination of this lease. 9. Utilities. City shall make all arrangements and pay for all utility services furnished to it or used by it including, without limitation, gas, electticity, water, telephone service and trash collection and for all connection charges. 10. Hold Harmless. City shall hold Landlord harmless from all damages arising out of any injury to any person or property 3 \ j "..., '-' ....." 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 occurring in, on or about the premises, except the Landlord shall be liable to City for damage resulting from the acts or omissions of Landlord or its authorized representatives, and Landlord shall hold City harmless from all damages arising out of any such damage. City shall meet all zoning and building code requirements for the placement and use of the mobile unit on the premises, and shall hold Landlord harmless from any failure on the City's part to meet those requirements. 11. Signs. City may erect or display, on the leased premises, any sign or advertising matter depicting the public use of the premises, provided, however, that all signs are subject to the prior approval of the Landlord, which approval shall not be unreasonably withheld. 12. Amendment. This lease may be amended or modified only by written agreement signed by both parties and failure on the part of either party to enforce any provision of this lease shall not be construed as a waiver of the right to compel enforcement of such provision, nor act to release any surety from its obligations under this lease. 13. Notices. All notices herein required shall be in writing and delivered in person or sent by certified mail, postage prepaid, return receipt requested, addressed as follows: LANDLORD CITY Chief of Police 300 North -D- Street San Bernardino, CA 92418 Arnold-Pacific Properties, Inc. 1254 Irvine Blvd., Ste. 210 Tustin, CA 92681 IN WITNESS WHEREOF, the parties hereto have subscribed their names the day and year first hereinabove written. 4 \" /,.." '-' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATTEST: City Clerk Approved as to form: ~~~r6f? City At orney ~.~,' 5 - CITY OF SAN BERNARDINO By Mayor ARNOLD-PACIFIC PROPERTIES, INC. By Title