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CI~ OF SAN BERNARDIQ) - REQUIOr FOR COUNCIL AC~N
From:
Ralph H. Prince
Subject: Lease of Property Located at
2021 Highland Avenue for Police
Community Office
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Dept:
City Attorney
Date: November 22, 1985
Synopsis of Previous Council action:
10/1/84 Adopted Resolution No. 84-405 authorizing lease with
Uhlmann Offices, Inc., of property located at 2021
Highland Avenue for Police Community Office.
12/17/84 Adopted Resolution No. 84-528 authorizing first amendment
to lease to provide for use of property "for any other
lawful public purpose". '
10/7/85 Adopted Resolution No. 85-402 authorizing lease with
Arnold-Pacific properties, Inc., of property located at
2021 Highland Avenue for Police Community Office.
Recommended motion:
Adopt resolution.
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Contact person: Capt. P. Bonanno
Phone:
5352
Suprorting rlata attached: Yes
Ward:
Seven
FUNDING REQUIREMENTS:
Amount:
$480
Source: 001-218-530l0
Finance: l~~
Council Notes:
75-0262
Agenda Item No. ~~
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CITC- OF SAN BERNARDIO - REQUEOr FOR COUNCIL AC\.l)N
STAFF REPORT
On October 7, 1985, the Council approved a lease with
Arnold-Pacific Properties, Inc., for premises located at 2021
Highland Avenue. Thereafter, the lease was transmitted to
Arnold-Pacific for signature. Arnold-Pacific changed the lease
to provide that the lease was to be with Highland Plaza
partners rather than Arnold-Pacific. Adoption of the attached
resolution will authorize this change. (This is an interim
agreement, and will be terminated when City enters into contract
with stater Bros.)
75-0264
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RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION AND RATIFICATION OF A LEASE WITH HIGHLAND PLAZA
3 PARTNERS, RELATING TO THE PREMISES LOCATED AT 2021 HIGHLAND
AVENUE AND PERMITTING THE CITY TO USE THE PREMISES FOR A POLICE
4 COMMUNITY SERVICE OFFICE OR FOR ANY OTHER LAWFUL PUBLIC PURPOSES;
AND REPEALING RESOLUTION NO. 85-402.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
6 OF SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. The Mayor of the City of San Bernardino is
8 hereby authorized and directed t~o execute on behalf of said City
9 . a Lease, effective October 3, 1985, with Highland Plaza Partners,
10 relating to the premises located at 2021 Highland Avenue and
11 permitting the City to use the premises for a Police Community
12 Service Office or for any other lawful public purposes, a copy of
13 which is attached hereto as Exhibit. "A" and incorporated herein
14 by reference as though fully set forth at length.
15 SECTION 2. Resolution No. 85-402 is hereby repealed.
16 I HEREBY CERTIFY that the foregoing resolution was duly
17 adopted by the Mayor and Common Council of the City of San
18 Bernardino at a
meeting thereof,
19 held on the day of,
20 following vote, to wit:
21 AYES: Counc 11 Members
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23 NAYS:
24 ABSENT:
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" 1985, by the
City Clerk
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1 The foregoing resolution is hereby approved this
2 day of , 1985.
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4 Mayor of the City of San Bernardino
5 Approved as to form:
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7 (. ~ II-- /~f,
~lty torney
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LEASE
(Police Community Service Office)
THIS LEASE is made and entered into this
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day of
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PARTNERS
, 1985, by and between HIGHLAND PLAZA
, hereinafter referred to as -Landlord," and the
CITY OF SAN BERNARDINO, a municipal corporation, hereinafter
referred to as -City.-
The parties agree as follows:
l.' This agreement 1s made with reference to the follo.wing
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 o.f 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 Co.mmunity ServiceOffic~
(hereinafter "Office") by the Police Department of the City of
San Bernardino or for any other lawful public PUrpo.ses.
b. City ~nterea 'into a'lease'with the Uhlmann Offices;
the predecessor landlord, effective Octo.ber 3, 1984, for a one-
y~ar period for the abo.v~-refereDCed premises. The Uhlmann
qffices sold, their, rigpt, t~itle and interest in said premises to.
Landlord. Landlord is agreeable to entering into a lease with
City under the same terms and conditio.ns as contained in the
previous lease, with the exception of Landlord providing a thirty
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(30) day notice to terminate the lease rather than a ninety (90)
day notice as previously contained in the lease with Uhlmann
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 9ive sufficient notice to City, as hereinafter set forth,
prior to such renovation to allow City sufficient time to
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. Th~ appurtenant rights referred to in this lease are as
follows:
a. City shall have full and unimpaired access to the
premises at all times.
b. Landlord gives to City and itsauthoriz~d
representatives and invitees the nonexclusive right to use common
areas including parking areas.
4 .Plac"ement. It is' understood by and between toe parties
that the present location of the mobile unit located on the
premises i~ 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
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to City.
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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 ,omiss,ions ,of t,he City or its
authorized representatives, but not from other persons. City
agrees that it shall restore the premises to its original
condition at the tetmination 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 l~mitation, gas,electr icity, water, telephone sen,ice.
and trash collection and for all connection charges.
lO. Hold Harmless. City shall hold Landlord harmless from
all damages arising out of any injury to any person or property
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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.
ll. 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.
l2. Amendment. This lease may be amended or modified only
by written agreement signed by both parties and failure on the
16 part of either party to ,enforce any provision of this lease shall
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not be construed as a waiver of the right to compel enforcement
of such provision, nor act to release any surety from its
obl.1gations unde,r this lE!.ase.
13. Notices. All notices herein required shall be in
writing and delivered in person or sent by certified mail,
22 'postage ptepaid;return receipt requested, addressed as"follows:
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LANDLORD
CITY
Chief of Police
300 North -D- Street
San Bernardino, CA 92~l8
aIGHLAND PLAZA PARTNERS
l254 Irvine Blvd., Ste. 210
Tustin, CA 9268l
IN WITNESS WHEREOF, the parties hereto have subscribed their
names the day and year first hereinabove written.
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CITY OF SAN BERNARDINO
1 ATTEST:
2
3 By
Mayor
4 City Clerk
HIGHLAND PLAZA PARTNERS
5 a California joint venture
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By ) 'l, >7 i
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Title
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9 Approved as to 'form:
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12 City At orney
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