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HomeMy WebLinkAbout28-Police c c o OTY OF SAN BERNARDINO -REQUEST FOR COUNOL ACfION Subject: Resolution of the Ma~r aod Common Council of the Gty of San Bernardino authorizing the second. amendment of the lease agreement between the Gty of San Bernardino aod the G3istian Family Trust for the offICe space located at 334 and 336 West Baseline Street to selVe as the Central District community oriented police station. M/CCMeeting Date: 12/5/2005 From: Garrett W. Zinunon, C1Uef of Police Dept: Police Department Date: November 2S, 2005 Synopsis of Previous Council.Action Resolution # 2000-100, ratifted on May 5, 2000, authorizing an agreement between the Gty of San Bernardino and the Smart and Final Shopping Center for the lease of real property to be used as a community oriented police station and renovation of said property. Resolution # 1991-26S, ratifted on May.S-1991. Recommended Motion: Adopt resolution. MICHAELB~i~EFOFPOUCE Contact peDOn: Lieutenant Ernie Lemos Phone: 384-5692 Supporting data attached: Yes FUNDING REQUIREMENTS: Amount: SLOO Source: .Account # 001-213-5171 Ward: All Finance Council Notes: Agenda Item NO.~ I a..J 5 lor o c c CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the second amendment of the lease agreement between the City of San Bernardino and Gaistian Family Trust for the office space located at 334 and 336 West Baseline Street to serve as the Central District community oriented police station. BACKGROUND The Central District community oriented police station is located at 334 and 336 West Baseline Street in a leased office at the cost of $1.00 per year. The lease agreement expired on May 14, 2005. The Galstian Family Trust (our current landlord) has agreed to extend the lease term for five (5) full years until May 14,2010. Since the Agreement extends the term for five full years, ending May 14,2010, the resolution ratifies any action taken between May 15,2005 and the time that the current Agreement is executed. FINANCIAL IMPACT Lease cost is $1.00 per year. RECOMMENDA nON Adopt Resolution. Attachments: A - Second amendment to lease B - Certificate of self insurance C - First amendment to lease D - Resolution #1991-268 ~~. o o 19 20 21 22 23 24 25 26 27 0 28 ..,-.....';<''' "+'~"':'~ '. c9.~ 1 RESOLVTIO:\ NO. 2 3 RESOLlTTION OF THE MAYOR AND COM!\IO:\ COUNCIL OF THE CITY OF SA:\ BERNARDINO AlTHORIZIl'lG THE SECOND AMEl'lD!\lENT OF THE LEASE 4 AGREEMENT BETWEDI THE CITY OF SAN BERNARDINO AND THE GALSTIAl'l FAMILY TRlTST FOR THE OFFICE SPACE LOCATED AT 334 AND 336 WEST 5 BASELIl'lE STREET TO SERVE AS THE CEl'lTRAL DISTRICT COMMl'NITY ORIENTED POLICE STATION. 6 7 BE IT RESOLVED BY THE MAYOR AND CD:\t:\lOl\' COUNCIL OF THE 8 CITY OF SAN BER'liARDI:'oiO AS FOLLOWS: 9 10 11 authorize the 1\1ayor to execute a second amendment to the agreement between the City of San 12 13 SECTIOl'l1. The ?\1Jyor and Common Council of the City of San Bernardino Bernardino Police Department and the Galstian Family Trust to lease the Central District Community Oriented police station. A copy of which is attached hereto marked Exhibit' A' 14 and incorporated herein by reference as though fully set forth at length. 15 16 SECTIOl'l2. The term of the Agreement is an extension for fhe full years to end on :\lay I.t 20 I 0: therefore. any action taken between \lay 15. 2005 and the date that this 17 18 Agreement is executed is hereby ratified. SECTION 3. The authorization to execute the aboye referenced amendment is rescinded if not i"ued ,,"ith one hundred twenty (120) days of the pas,age of this resolution. . /) Lj La . ;( ,5 /;~ /oiJ ,I GR5-=R inc. c AND DEVELOPMENT GAS K A inc. 100 W BROADWAY. SUITE 950. GLENDALE. CA 91210 October 6. 2005 San Bernardino Police Department Garrell W. Zimmon Chief of Police P. O. Box 1559 San Bernardino. CA 92401-1559 Via Fax 909-388-4950 Re: Baseline Shopping Center 334.336 W. Baseline. San Bernardino. CA. Dear Chief Zimmon: c Enclosed please find two originals of the Second Amendment to Lease for the above referenced location for your review and signature. If this document is acceptable. plea.;e return them to us for the Landlord's signature with a check in the amount of S1.00** payable to Gaska. Inc. Also, your certificate of self-insurance has to be attached to the document as Exhibit "0" Once the Landlord is in receipt of the above. he will execute the Second Amendment to Lease ana return a fully executed copy to YOll for your files. Thank you for your cooperation and do not hesitate 1O call us if \ou have any questions. Sincerely. GASKA, INC. .J (::\ _ r. '~ {\I\.\_~-'-' Pam Dart, Propeny ~ lanager End "P. S. - Our records show that you ha\'e J1N paid your S I.OO\T rcnt t()r theee prcnl1Scs. Can you please check your records. We show that the City of San Bernardino ,mes $14.00 for occupancy since 1991. Please let us know. Thank yuU. o po IO-l 'COP/C\ rLtr.:"JAm':llJ c o o I SECOND AMENDMENT TO LEASE Baseline Shopping Center SAN BERNARDINO POLICE COMMUNITY SERVICE OFFICE THIS SECOND AMENDMENT TO LEASE ("Amendment") dated October I. 2005 IS made by and between Galstian Family Trust ("Landlord"), and The City of San Bernardino, a municipal corporation, (herein called "Tenant"). WITNESSETH WHEREAS, on or about May 8, 1991, Landlord and Tenant entered into that certain lease of the same date ("Lease") whereunder Landlord demised to Tenant certain store space in the Baseline Shopping Center ("Building") located at 334 W. Baseline, San Bernardino, CA, thereof consisting of approximately 1,250 square feet ("Premises"); and WliEREAS, Landlord and Tenant entered into that First Amendment to Lease dated March 9,2000; wherein Landlord demised to Tenant certain additional space, located at 336 W. Baseline. San Bernardino, CA consisting of approximately 1,500 square feet, and hereinafter 334 and 336 W. Baseline stores collectively will be referred as (the "Premises"). WHEREAS, the Lease and First Amendment to Lease shall hereinafter collectively be referred to as the "Lease"; and WHEREAS, Landlord and Tenant desire to amend the Lease to reflect the extension of the Lease Term. NOW THEREFORE, for valuable consideration, the sufficiency of which IS hereby acknowledged, the Lease is hereby amended as follows: TERMS I. Section 5. Term of the lease is hereby amended as follows: The Lease term shall extend for five (5) full years to end on May ]4,2010. 2. Section 4. Minimum Rent of the lease is hereby deleted in its entirety and replaced with the following: "Tenant agrees to pay to Landlord as Minimum Rent, without notice or demand, the annual sum of One Dollar ($1.00) in advance, on or before the first day of each and ewry successive calendar year during the term hereof. The Premises is leased in its "as is" condition." ~ C -' Section:'O Cenificate of Self insurance. l:pon Landlord's request Tenant shall proyide Landlord with the Cenificate of Self Insurance as provided in the Lease. 4. Section I3. T ennination of the Lease is hereby deleted and replaced with the following: "Landlord. and only Landlord. shall have the right to terminate the lease with ninety (90) days adyance \\Tinen notice to Tenant. Tenant shall surrender the Premises to the Landlord within said 90 days following stich notice in good condition. broom clean. ordinary wear and tear and damage from causes beyond the reasonable control of T enanl excepted." This Amendment contains all of the agreements of the panies hereto w'ith respecI 10 the matters contained herein. and no prior agreement. arrangement or understanding penaining to any such matters shall be effectiye for any purpose. "lothing in this Amendment shall be deemed to waiye or modify any of the proYisions of the Lease. except as expressly stated herein. which pro\'isions shall remain unchanged and in full force and effect. This Amendment shall bind and inure to the benefit of the heirs. represemati\'es. successors and assigns of the panies hereto. c In the event that this Amendment has not been accepted and signed by Tenant by ~o\'ember 30. 2005 then this Amendment shall be null and yoid in its entirety and of no force and effect upon either party. Ii\: \\Tf?\ESS WHEREOF. this Amendment is entered into by the panies as of this _ day of . 2005. 'Landlord" "Tenanl Gagik Galstian: Trustee Galstian Family Trust City of San Bemardino Police Depanment City Clerk Approved as to Form and Legal Content: o JAMES F. PENMAN, Ci Y Attorney - 2 . . ,/... '.( -{ /,.....~............ 2 . . " '" , 0 ~ . . < " BASELINE SHOPPING CENTER NWC OF BASE LINE ST. & ARROWHEAD AVE. SAN BERNARDINO, CA ~'~..\~ ~~L' ffilmIJ ~ ~ ~ . HHlWHtHHi_. '. r==J .' ~ o ~ I -, . ~~. = "I' . ;. ~ ~ 4 =r ~I ~.. ~ool' " . . . "'" , I .~ ~jl/~ . . , ~ AVAILABLE PAD : ." ! ~ " " E ~ U E ~ Afl,.p.O~HE^D Aida Norhadian GASKA, Inc. 100 West Broadway, Suite 950 Glendale, CA 91 Z 10 (818) 956 - 7599 FAX (818) 546 - 8549 For further information contact: o rrop/CXM:r/Baleline photo box #i 5/98 City of San Bernardino Human Resources/Risk Management Division 300 N. "0" Street San Bernardino, CA 92418 o Linn Livingston Human Resources Director Fred Wilson City Admimstrator CERTIFICATE OF INSURANCE OR SELF.INSURANCE In the event of cancellation of the self.insurance programs or policies designated below, it is the intent of the City of San Bernardino to main 30 days' prior notice thereof to: GASKA, Inc. 100 W. Broadway, Suite 950 Glendale, CA 91210 The City of San Bernardino certifies that the following self.insurance programs or insurance policies are in force: Extended lease for: San Bernardino Police Substation 334/336 West Baseline San Bernardino, CA 92410 o LIMITS OF LIABILITY COMPANY AND POLICY TYPE OF COVERAGE POLICY NO. PERIOD Bodily Iniury Property Damaoe Comprehensive General Liability Self-insured Indefinite $1.000.000 Combined Single Limits lncl. Auto Liability Excess Comprehensive General Liability Incl. Auto Liability Workers' Compensation Self-insured Indefinite Statutory No coverage 0 T H E R This certificate is not valid unless countersigned by an authorized representative of the City of San Bernardino, Risk Management Division. cc: Barbara Fox. SBPD o 10/31/05 Date Linn Livingston Director of Human Resources City of San Bernardino Authorized Representative , n. ./., -, r-~, ,~. ,'1'<-'1"1;'1'( )--- SIgnature ,i . For information regarding the above self-insurance policies. please contact Risk Management Division at (909) 384-5308. c o o -____1 ~J.~~.~www w~.~. ....---... . 2000-100 FIRST AMEND:VU::-"l TO LEASE Baseline Shopping Center SAN BERNARDL"\O POLleE COMMUNIIT SERVICE OFFICE THIS FIRST AMEND!'vIINT TO LEASE ("Amendment") dated l'vlarch 9, 2000 is made by and between Galstian Farrjly Trust ("Landlord"), and Tne City of San Bernardino, a municipal corporation, (herein called "Tenant"). WITNESSETH WHEREAS, on or about May S, 1991, landlord and Tenant entered into that certain lease of the same date ("Lease") whereunder Landlord demised \'0 Tenant certajn store space in the Baseline Shopping Center ("Building'') located at 334 W. Baseline, San Bernardino, CA, therecf consisting of approximately (I,250) square f'eet ("Premises'~; and WHEREAS, Landlord and Tenant desire to amend the Lease to reflect the expansion of the Premises to include 336 West Baseline. KOW THERIFORE, for valuable consideration, the sufficiency of which is hereby acknowledged, the Lease is hereby amended as follows: TERA 1S Section 2. Premises of the lease is herelTj amended as iol]ows: "The original Premises is hereby expanded to reflect the addition oi ap?roximately 1,50J square feet of space located at 336 West Baseline, resulti!l$ total of approximately 2,750 scpare ieet '"vhich includes 334 and 336 West Base:ine, and referred herein after as "Premises", durins the enrire term of the Lease." , .. 2. Section 4. 1Itlinimum Rent of the lease is hereby deleted in its er,tirety and replaced ",-jth the following: "Tenant agrees to pay to l.andlC'rd as Mir,imum ~nt, wi~C'ut nC'tice or demand, the annual sum of One Dollir (51.00) in advan~e, on or beio:'e the first day of each and every sllc~essive calendar year during tr.e term hereof. Tenant agrees that it will, as soon as is reasonably possible af:er the full execution of t,us Lease, corr,mence and pursue to substantial cC'mpletien of Ir.e ir.1provemen:s te be erected by Tenant to the extend shown on :r.e attached f.xhibit "8" labeied "Descriptior. of Tenant's Work", Tne term "su!:lStantiaI completion of the Premises" is defined as tne date on whicl', Tenant I y .../ o o o 03/22/20e0 e~:47 54b~~4~ """~'" J.t...... ~..I.::lc. r.J~/tI:I 2000-100 notiSes Landlord that the Premises are s~bstantia!ly complete to the extend of Tenant's Work specified in Exhibit "B" hereof, with the exception of such ",'ork as Landlord cannot complete un:il Tenant performs necessary po:.tions of its work. Tenant shall commence the installation of fixtures, eqaiprr.ent, and any of Tenant's Work as set fonh in said Exhibit "B", prorr.ptly in the Prenuses and shall diliger.tly prosccute such installation to completion, and shall open the Premises for business not later than the expiration of 60 days from the Term Commencement Date. S. Section 5. Term of the lease is hereby amended as follows: "The !.ease term shall be five (5) full years, commencing upon the ful: execution of the First Amendment to Lease herem referred as "Term Commencement Date", and endins ::ve (5) years there after Ulllcss terminated sooner pursuant to the paragraph 5 oi First Amendmer.t to Lease. Landlord and Tenant shall execute Memorand:lm to Lease in the form of Exh:bit "C" a~ched hereto withi:t ninety (~O) cL1ys of the Term Commenccmer.t Date of the Lease. 4. Section 8. Reoairs of the lC2.se is hereby amended as follows: By e:1(1)' hereunder, Tenant shall be deemed to have accepted the Premises in its "as is" condition. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair including \\;thout limitation, the maintenance, replacement and repair of ;u:y storefrOl~t. doors, v,1ndow caseme!1ts, glazing, replacir.g of any broken, cracked, scratched, edged or damaged plate glass at Tenant's sole cost during the Tenn of the lease. Also Tenant shall, at Tenants sole cost and expense maintain, replace and repair any plumbing work pertaining to the interior of the Premises, i:1cluding but not limited to restroom fi.xtures, water r.eater, sink stoppage, toilet and sink back up. Landlord shall maintain, repair, and replace any elr.er plumbir.g work related to the main lines serving the shoppins center, mcluding but not l1miled to any sewer back ups 0: the mail'. line, hydro jetting the main sewer line, any common area plumbing. Tenant shall at Tenant's sole costl'.nd expensc main:ai", replace and repair an)' eiec:rical work inc!ucl1ng but not limited to storefront sign, replac::1g bulbs, ballast. 2x4 li8ht :~xtures and their lenses, any interior electric shortage, any repil.ir related to Tenant's dedicated lir.cs, plugs, lig!'.t smtches, breaker panel, and Landlord shall be responsil::le for the cost of any electrical work outside of the Premises. 11'. the event Landlord delivers new HVAC unit to Tenant, (ei!:1er in 334 or 336 W. Baseline addresses) then Tenant shall at its sole cost and expense maIntain, replace and repair the heating and air conclitioning system commencing fr.e date Lar.d1ord delivers the sa.tTlC to Tenant. ,1,t 334 W. Baseline ITenar.t's pre\~ous premises) Tenant shall n:pjntain the units at Tenant's cost ar.d Landlord shall be responsible to repair or replace any IT.ajor part such as the compressor of tr.e HVAC unit. Tena:1t sha!l upon the expiranon or s:)Or.er termination of thi.s Lease hereof, surrender the Fremises to the Landlord in good cond.:tion, ""CC:1~ clean, ordinalY wear and tear and damage from causes beyond the reasonable cor.trol of Tet<ar:t excepted. In tr.e event Tenant decdes to change the existins g:ail'.g 1:1 the storciror.t and 2 :/ - ~ ~ -.-.-,-. ...,~. ~.;':'=_::::~c. ".03 ::-//. c o o e3:22/2~~~ ~~:41 ~Qtltl:)Q~ U"~'" ........... r-;.lI"c. u..,t./::t 2000-100 replace it wit.1J tinted glass, Tenant shall obtain Lancllord's prior approval 0; the same prior to such installation. 5. iolJowil1$: Section 13. Termination of the Lease is hereby deleted and reple.ced with the "L3.r.dJord, and only Landlord, sh31l have the right to terminate the Ie.e.se with ninety (90) days advance written notice to Tenant. Tenant shall surrender the Premises to the Landlord \Illthin said 90 days following such notice in good condition, broom clean, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. In the event the undlord exercises its lI:rmination right prior to expiration of the lease Term, Landlord shall pay to Tenant the unamortized portior. of Tenant's Contribution within 15 days after Tenant delivers the possession of the Premises to Landlord. The amount of Tenant's Contribution shall be confirmed at the completion of the Tenant's Work on Exhibit C attached herein. Tenant's Contribution for the purpose of amornzHion shall be calculated as follows: Total cost of cons:ruction of Tena.'ll's Work less Landlord's Contribution in the amount of 513,000.00 herein referred to as "Amortizaton Contribution" divided by 60 months, and multiplied by the remainil1$ months left on the Lease Term. It is agreed that the Miortization Contribution shall be capped at 520,000.00. For p:.lrpose of iIlustratl118 this section, if the conso'uction cost is in the amo:.mt of 536,000.00 and Landlord's Conn-ibution is in the amount of 513,000.00, Tenant's Contrib:.ltion is in the amount of 523,000.00, and Amortization Cor.tribution is in the amount of 520,000.00. J: the lease te:-minates after two (2) years Landlord shall reimburse Tenant in the amount of 512,000.00 ($20,000.00 divide by 5 years and multiplied by 3 years). In the event the construction cost is in the amount of 528,000.00 Landlord's Cor.trib:.ltion is in the amoun~ of 513,000.00, Tellant's Cor.:ribuUon is in tte amount oi 515,000.00, and Ar.1o~tization Contribution is in the amount of S 15,000.00. If the lease terminates after tv.'o (2) years Landlo~d shall reimburse Tenant in the amount of S9,000.00 (515,000.00 divide by 5 years and multiplied oy 3 years). 6. Section 17. Sums is hereby amended as follows: "Tenant agrees to submit to Landlord for Landlord's prior written approval a drawil1$ for its new storefront sign & Pylon SIgn. Tenant shall install its panel on both sides of the Pylon Sign tin same location of the Fe\;ous coin !2.:tndry store), at Tenant's cost. Tenant's new storefront sign shaH be in LlJe form 0: i:htlTlinared cru.nnel lettering installed on a ~aceway. Tenant shall d:spose the existil'1$ si$n caS:li$5 on 334- 336 W. BaselIne, and patch and paint the stucco in same color, where dalTh"\ged d:.u: to s:tch removal, and Lar.dlord will pay for the cost of such removal and repair.. 7. Sec:ion 20 Certificate of Se'i inst:~ance_ Tenant sJull ;rrO\~de Landlord '.".lth the Certificate of Self Insuran:e, and S3me shall be attached to the lease as Exhiba "0". ~ ,j/ .- . ~-- ,- - --- - P ~4 o o o ~j;~~/~~~~ ~~:QI :>Qbtf:>Q~ ""'::>>KA J.N.,,; ....~l.:It. l:'::I/tJ':l 2000-100 8. Tenant's Work: Upon execution of the First AI:1endment to Lease, Tenant shall proceed \\ith the Tenant's Worlc at Tenant's cost as further outlined in Exhibit "B" hereby refen'ed as "Tenant's Work". Prior to commencement of Tenant's Work, Tenant shall pro\ide to Landlord ior Land:ord's approval a copy of building drawing Gncluding but not limited to any mechanical or plumbinz drawings), all the information pertaining to the Tenant's contractor including but not Jim:ted to contractor's license number, certif:cate of insurance, proof oi worker's compensatien. Tenant shall indemnify and hold harmless Landlord against and from any and all claims arisir.g from Tenant's Work in the Premises and from any activity, work, or other things done permitted or suffered by the Tenant in or about the Premises, and shall further indemnify and hold harmless Landlord against and from any and all claims arising from any breach or default in the performance of any obligation on Tenant's part to be performed under the terms oi this Lease, 0:' arising from any act or neglisence of the Tenant, or any offlcer, agent, employee, guest, contrac:or or invHee of Tenant, and from all costs, attomey's fees, ar.d liabilities incurred in or about the defense of any such claim or any action or proceectng brought thereen and in case any action or proceeding be brought against Landlord by reason of sllch claim, Ter-ant upon notice from Landlord shall defend t:1e same at Tenant's expel1se by counsel reasonably satisfactory to Landlord. 1.:pon completion of Tenant's Work, Lar.dlord shall pay to the C:::ty of San Bernardino Finance Off,ce the amount of Thirteen Thousand Dollars ($ 13,000.00) hereby referred as "Landlord's Contribution" within 15 days of the follewmg; a) receipt of final building Illspection approval from cil)' of Sar. Bernardino building deparnnent, and certificate of occupancy; 0) receipt of ll-nconditionalliert releases upon final payment, from the cor.tractor and any subcontraCtor; c) receipt of the permitted building dra\vings related to jje Tenan~s Work. Tenar.t shall pay for Tenant's Work per Ixhloit "B" hereby referred as "Tenant's Conr.ibution". Lanclord and Te.''lal'1t shall sizn the Exr.ibit "C" :ittached herein u1'or. the completion of Tenant's Work to confirm the amount of Tenant's Contribution. 9. 334 W. BASELI;-"'E. Ter.ant shall continue its OCCll-pancy and busir.ess at 334 W. Baseline space, during t.~e Tenant's Work. Landlord or its agent or cor.tract0rs shall not be obligated or respor.sible to move any furnil'.1re, stere or cover the same during the Tenant's Work. It is Tenant's responsibility to remove, relocate, store, and seeu:e its personal 1'rope::y, inducting but net lir.tired to computers, files, fili:1g cabinets, furniture, printers, cen machine ant etc. ,0. This Amendment conUms al1 oi the agreements of the parties hereto \\~th restlecl to the matters contained herein, 8."ld no prior agreement, arrar.gemenr or understanding 4 ~ c' o c e3/24/2aaa 14:2a 5468549 GA~KA INC PAGE a2/a3 2000-100 pertaining to any such matters shall be effective for any pUrpose. Nothing in this Amendment shall be deemed te waive or modify any of the provisions of the Lease, except as expressly stated herem, which provisions s.~all remain unchanged and in full force and effect. ] 1. Tnis Amendment shall bind and inure to the benefit of the heirs, representatlVes, successors and assigns of the parnes herc;o. In the event that this Amendment has not been accepted and signed by Tenant by AprIl 17, 2000 then this Amendment shal! be !lull and void in its entirety and of no force and effect upon either party. IN WITNESS WHEREOF, this Amendment is entered into by the parties as of this .Ji.~~ day of t"f4y ,2000. I ' Clerk ,., ) :.~1". -7 .f?);),..,... ,-~ J"'V. 7. ~ _'- ,. . yity Attorr.ey ./ 5 ::f7 Ci o I I I I , , , i ! I I I i , I I ! \ I I I 1 I o ~3/22/2~~~ ~~:al . :lQot:S:lq~ ..,...:tf'M J.f'II\.. "'~c. (ltlV:! 2000-100 EXHIBIT "B" Description of Tenant's Work Tenant shall commence the Tenant Improvements first in the 336 W. Baseline and upon substantial completIOn of the same shall proceed to ma;ce the openil1$s in the :lemisinz wall. and continue the improvements in the 334 W. Baseline, Tenant's Work is pursuant to the attached floor plan, a:-Jlched construction estimate breakdown providcd by Koston CO~lstruction, and includes b:.lt it is not limited to the following: 554 W. Baseline: o To make two openings in the demisir,g wal: S feet high, and install one interior door with passage lock as shown on the plan. o To make two ,vindow openin,gs on the waas in se:-geant and lieutenant ofiices facinz reception area to match the existing window in Lieutenant's office, and install the sliding glass or. both. . To install cabinet with counter:op in the waitin,g "rea, ar.d a short gate next to it. . To install one new wall, ceiling height, in the sergeant's office. . To paint those areas that has been damaged due to the above work . To patch and repair the existir.g floor covering if damaged due to above work. . To readjust the ceiling light and !'IV AC outlet :n the sergeant's office if necessary. . To build two walls 8' high for the bikf area. o Landlord shall not be responsible for any new eIectneal, pJumbinz, sprinkler, and [-jVAC work. . Tenant shall be responsible to remove, cover, or sew:e any personal property, furniture, and fixtures of tile Tcnan~. 356 W. Baseline: . To demo the old :elunt improvements includinz a por~ion of the demising wall that includes dueling. Te rernOl'e the SWa.!l:P coolels from the roof if there is any and re roof the openin,g to waterproof the same, demo the ceiling, and ductin,g. To cap any exposed plumbil1$level wi~h the adjacent surface. o To construct ~e conference room where provided in the plan, the walls to be at ceilmg height, ar.d install twe interiOl' hellow door with privacy h"rdware. . To construct 0:1e large office next to :he restroom \vith the walls at the ceil:n,g :'1ei,ght ar.d install cne interior l:olIow door ,,:ith pnvacy lock (with k2YS) hardware . To bring the existin,g restroom to tbe ADA requirements. lnsta:l !;Jilet and a smk, har.dicap grab bar, Olle mirror, ceilir.g light/fan, toilet t:ssue holder. soap dispenser, ar,d paint t:'1e walls, and ;nstall vir.yl floor covering star.da~'d of t1'.e shopping center. :'andlord shall not pro,ide a1'.y new ho~ water l:eater. . To construct four (4) sm2JJ offices as per plan with walls minil,um of S' high. To 6 / ....~,=_-'c_-."...,..., :?l:'" ~ =_~::::=:;;;.:C~ P l'?:? c o o e3/24/2aaa 14:2D 54&8549 bll:oKA !N''''; ..."t:~ tl.:f/tl.:f 2000-100 install four hollow interior doors with passage hardware. . To Ulstall carpet and pad similar to the existing In 334 W. Baseline at mmimum $10.00 per yard includmg pad and installation. · To instaIJ a new T-bar drop ceiling at existing ceiling height 00' high, same level of tne sprink;er heads). To install insulation on top of the T bar ceiling. To install 2x4 ceiling tiles (standard style of the shopping center) with seismic hangers to the code. . To Install 2)(4 recessed fluorescent lights, electronic b3IJast, (standard of the shopping center) with seislnic hangers to the code. . To install electric outlets as required per code. To mstalllighr s\\,;tches in the conference room and the large office. . To install new HV AC ductin\!. and install one new four (4) ton HVAC unit (Carrier or Day and Nistht if anv other brand to obtain Landlord's prior aoorova)) If needed. and one thermostat. Tel'.ant shall be responsible at Tenant's cost to maintain. reoair and reo lace the HV AC durim: the term of the lease. Tenant shall transfer any warranties from the manufacture to Landlord at the termination of the lease. . To paint the walls in semi gloss off white color. . The storefront and main entry shaH stay "as is". In the event Tenant desires to install tinted glass Tenant shall obtain Landlord's advance written approval. . The existing sprinklers shall stay "as is" or relocated dloe to installation of any new walls pursuant to the city codes. In any event the Premises shall have sprinklers. . Landlord shall not be responsi:ole for any cabinetry work. Tenant shail do the fcllowing tenant improvements at Tenant's sole cost and not include the same in Tenant's Contribution. . Tenant shall pay ar.y fees related to obtaining its business license for the Premises. · Tenant shall be responsible for installation of any additionalligh:ing induding but not limited to track lights, security lights, motion detecto~s, dedicatcd computer lines, telephone jacks or equipment, any addit.ional plumbing work, al'.d etc. . Tenant snall remo~'e, s~ore and secure its personal property, including iT..t not limited to, furniture and fixtures. Tenant shall install all its fixtures. . Tenant shall pay :01' any cleaning fees including but not limited shampooing existing carpet in 334 W. Baseiine. . Tenant shall not install any security gates in the storefront on the exterior of the building.- Further, prior written approval of Lanc'Jord is required for installation of any security gates, which should be instailed irom inside of the Premises and be able to fold back durir.g t!le business hot:!'s. 1!\1TIAL landlord Ii\ITL-\L Tena,. / ;:9 i , c 7 7 o o. --- 2000-100 "EXHIBIT A" I I '.. BASELINE SHOPPING CENTER NWC OF BASE LINE ST. & ARROWHEAD AVE. SAN BERNARDINO, CA '" ~ : D. : w ~ EI ~ ~ ~I -, ^ < ~ AI''''OHHI:AD A Y t .... U II!; FUTURE BUILDING PADS .~ ~ -- o I I I . ~ I I I-- I I I o ;; I I I o c I i--- I I I , i ~ II-- 1 I i 1 . 1 ! o ;; ~ o OFFICE OFFICE OFFICE OFFICE OFFICE -- {. - I r--' \ '" '. '" 2000-100 C L "8'\ x fl. . KOSTON CONSTRUCTION CO. DESIGN AND ENGINEERING 909-884-0559 CONTACT;JERRY KOSTON ,.. 'i'l If' ~ l ] [ II II II II II 11 II II ; ~ SARGENT -- CONFERANCE o t:i t LIEUTENANT .. U'4 / \ " '. ;! ", , WAITING AREA !_I I] I] [-J L..ln-' I ,~~ I l.l aa10 11'10 ',.. , .-.'- .~<. >~:~. ~ : - ",,',!.:'. "".r.;;jll,,',)":f,- ~"--.';' ,~/ .:,'}..- -. ,- . 1/31/00 p.D.GARCIA, PLAN#.t~. OIl ex 1 [~ ~ , " " " " BIKES ,.. RESEPTIONEST 0.1-- ~E _" 'l~ ["'-':-: ~_o ::-::..::.. CJ II - 1-' i E J L.,J I I <:/ // I~/ '" .0 I'l '., " " , It" ;1,". I I iO I' I.. . , I I I II ,"/ . : "(.'. o r"~ I "r.::! II 2000-100 j;:' , 10'\ I~ j. [0 lD ~o \/ l" \.1"1 , / L__"o':''''=:t 1'"':.:;.1 \ , , ." '. - ..lil '" : If / [-It . J' If, ", \ I ~ L_~~, j{ r~.J j- \ --'-. Ih: - ~"D-''''., I I II "r-' /-~ .' I '___LJ t_ . ,. .;:. .......c.;.; . )" rID " " " " " o o :;.~' t~ '... I - ____J ___._.1 .-. /' "-- I',' , I 'j' , " " " " '. ------.'x,-....- . ----------- - - - - - - - . - - . --'---. ,/' (- ' -/ FROM KOSTON CONSTRUCTION 2000-100 PHONE NO. : 909 884 111559 E:)<h' "6 h o 237 ;.; ..JNSTRUCTlON ESTIMA TE PROJECT REHAB 334 W. BASELlNE;S.B.P.D. OWNER POLICE SUB.STATlON ADDRESS 334 W. BASELINE ST. CITY SAN BERNARDINO,CA.. 82401 ATTN. ATTN: SGT. GARCIA OESCRIPTlON OF ITEM I. ASSESTOS REMOVAL 2. DEMO EXTERIOR, 3. DEMO INTERIOR; WaUl" I~or collng 04. DEMO; ROOFING AREA;coolerv & venti 5. EXCAVATE, 6.CONCRETE; A. SAW CUTTING; B. FOUNDATION WALLS; C. 7.SPARE 6.ROOFING; 9.SPARE 10.lNTERIOR hmlng.meta'lludlID 10'.(1" A. INSULATION WALLS R.t3 B. DRYWALL,TAPE" FINISH,51B" F.R. o :CTRICAL, MAIN SER\I1CE AND SUB-PANEL TEMP. POWER POLE SET UP 9. POWER ,SWITCH...L1TE OUTLETS C. HOME RUNS D. L1GHTING,FIXTURES 3-lubc.l.6 E. TELEPHONE DATA OU~ETS F. FIRE.BURGLER ALARM SYSTEM G. TELCO SYSTEM H. AlC SYSTEM I. 240, "RUNS 12 PLUMBING, SEWER,DRAlN .WASTE,AND VENT WATER LINES.HOT AND COLD FIRE SPRINKLER SYSTEM AIR SYSTEM VACCUM SYSTE'" FIXTURES COMPLEATE ,FINISHED WATER HEATER Cap oft or remove linea .. needed 4-TON 12.' :MECANICAL; .le ,ducbng 1nermoltat ellhault fane exhaust ducting I 0 ,h.,Im,101 I AAMINO.WQOD 1 ! I i AlCI"tam BATH NEW.WALLS.2X4XU' BUS.PH. UNIT NONE NONE 1.1 lot NONE NONE NONE NONE NONE UFT. 801FT SOIFT s s s S NONE S NONE $ EA. $ EA. S EA. S fA. $ EXISTING S EXISTING S EA. S NONE $ LOT S NONE S EXISTING $ NONE S NONE , EA. S NONE S lot S S $ S $ S S , S S $ 4.lOn 101 IDI LOT NONE NONE NONE PAGE OATE lOFI Feb. 28 211100 01;25PM PI PRINT 1131100 KOSTON CONSTRUCTION 2/171DO ln3 w. RlAI. TO AV. BAN II!IlNARDlNO.CA..'2410 1OI~I4.o." AND FAll UC.U7IOO Melefie' end LABOR CREW SIZE PRICE QUANITY TOTAL SO, , 0 $ S 25.00 46 S S 385.00 I S S 0 S S 0 $ S 0 $ S 0 S S 0 S S o , $ 230 S 1640 S 3660 S S S S 50 $ 4 $ 22 $ 15 $ S S S S 2 S 3 S o S S S 2 S o S 1 S $ $ $ S S S S S . $ Rovl.... P.O.' 909-384.5692 S 7.00 0.30 0.60 30.00 25.00 76.00 45.00 260.00 55.00 35.00 25000 300.00 3,790.00 350.00 175.00 125.00 1.2DD.00 385.00 1.6\0.00 552.00 2,944.00 \.500.00 100.00 t ,650.00 675.00 260.00 \10.00 105.00 500.DO 300.00 3.790.00 350.00 175.00 125.00 o labor HRS. RATE o $ o S o S S S S S S S $ $ S $ S S S $ S $ S $ $ . $ S S S S S S S S S S S S S S S S S , $ . TOTAL S S S S S S $ $ S $ $ $ $ S $ S $ S " $ $ $ $ S $ $ $ S $ S S S S S S $ $ S S S S S S '/ FROM KOSTO~~~TION PHONE NO. 90'3 884 0559 Feb. 28 2000 01:26PM P2 OLD FACIA REMOVE & REPVlCE NONE $ $ $ , C NEW FACIA NONE $ $ , , FACIA BRACING REPAIR; NONE $ , $ $ ROOF FRAMING,NEW AND OLD NONE $ $ , $ ROOF SHEETING NONE $ , , $ EXTERIOR WAU SHEEnNG NONE $ $ , $ FLOOR FRAMING NONE , , , , FLOOR SHEETING NONE $ $ , $ FLOOR REPAIR NONE $ $ $ $ $ $ , $ $ , 5 , $ $ 5 $ , 5 , , 1..MILL WORK: DOORS & FRAMES EA. , 1lll).00 9 5 1,440.00 5 , CASING NONE 5 5 5 $ BASE UFT. 5 1.60 484 5 742.40 5 , CABINETS NONE $ o $ 5 , COUNTER TOPS UFT. 5 25.00 8 5 200.00 $ S BATH WAINSCOAT; FRP SOIFT S 3.50 128 $ 448.00 $ $ S S $ S 15.CEILING SUSPENDED T.BAR SQ/FT S 1.00 1300 S 1,300.00 S $ INSUVI TION-.R.30 NONE S 0.72 1300 $ 830.00 $ $ CEILING PANELS SOIFT 5 0.52 2450 5 1,274.00 5 5 18 HARDWARE: DOOR LOCK SETS EA. 5 50.00 o $ 450.00 5 $ TOILET AREA ,MIRROR,H.C. SARS LOT S 150.00 1 $ 150.00 5 S 5 5 $ 5 C' 'NTING; INTERIOR SOIFT 5 0.40 8000 5 2.400.00 5 S EXTERIOR NONE S S s S WATERBVlSnNG NONE $ , , S 18.FLOORS; CARPET weOl .Id. SQlYD , 11.50 144 , 1.858.00 , , VINYL BATH LOT 5 160.00 1 5 180.00 , , TILE NONE 5 5 5 5 19.VlNDSCAPING; SPRINKLER SYSTEM; NONE 5 5 , , 20.GlAZING: WINDOWS INTERIOR EA. 5 200.00 3 , 800.00 S S 5 5 S , 21.APPLlANCE'S; NONE $ $ 5 5 5 , $ , 5 5 $ , 31.CLEAN UP; 5 175.00 , m.oo $ S 32.DUMPSTER; LOT S 357.00 S 357.00 5 $ GENERAl NOTES; SUB-TOTALS S 28.619.40 o XXXXXXX 5 I.EOUIPMENT TO BE REMOVED BY OTHERS.OR EXnRA COST BY US. TOTAL 5 28,819.40 2. THIS PLAN IS FIGURED ON DOING WORK WITH AREA BEING IN USE AND PLAN CK. allowance 5 300.00 WORKING TOGETHER. PERMIT aVow. nee 5 500.00 3.ACC REQUIREMENTS FOR PARKING.HANDiCAP,SCHOOL FEES.OR COST OF ANY EQUIPMENT , KINO NOT PRICED /lBOVE ARE NOT PART OF THIS ESTIMATE. FREIGHT ENG.DRAWINI FOR PER!.lITING 5 750.00 NOTE;ALL ESnMATE'S AND DRAWINGS ARE PROPERTY OF KOSTON CONSTRUCTION SUB TOTAL , 30.188.40 AND ARE NOT TO BE USED BY ANY ONE WITH OUT WRITTEN PERMISSION FROM OVERHEAD 10% $ 3.018.94 JERRY KOSTON .COST FOR USING O'JR DESIGN AND ENGINEERING IS 5750.00 FOR PROFIT 5% $ 1,658.32 0 . ANY MANER. . YOU JERRY KOSTON iNS, 1.5''- , 522.68 I TOTAL ESTIMATE S 35,308.~ ,/ / - CI o o a~'~~'~oao a~.~' Store ;fc :;J1lt~D::JI"" """::If'>.... J.I"Il,.. """'1.:1:. tt':lJ~l:j 2000-100 EXHIBIT C Memorandum to Lease Location Pursuant to the First Amendment to Lease dated March 9, 2000, Lar,dlord delivered to Tenant possession of the Fremises, on . The Term Commencement Date of this Lease is and expires on . The Landlord's Contribution is ir. the amo:mt of $13,000.00, and the Tenant's contribution is in the amoanl of S The Amortization Contribution is in the amount of $20,000.00 "Landlord" ~sti2n, Tt:lstee Ga:stian family Trust City Cleric J.i..e..-' 0.ty Attorney This Lease Exhibit shall be e.-.:ecuted by ,.andlord and Tenant \\~thin ninety (90) days of the Term Commencement Date of the Lease. ~=;-~2-2222 29::4 s ::I S":':;::::;':'; cn::-: ~ ClQ 2000-100 o "EXHIBIT D" CERTIFICATE OF SELF-INSURANCE , " 1 " o ., ~ -, , 1 o """',--., n3'lS:1918 16:a& S1Sr;.l6E1541 2000-100 t;ASV':' lf~: ',- o LEASE Dated: June U, 1991 Project: o BASELINE SHOPPING CENTER San Bernardino, CA Lessee: CI1Y OF SAN BERNARDINO o PAGE al ,'" 1':,.13;<: 16:00; o o o 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 251 261 27 28 ala5~68'5~9 :tU\JU-1UU F'''~';E 0:' .3ASl A m: ..... I 2 3 4 RESOLUTION 91-268 RESOLUTION OF TIlE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND GASKA INC. FOR THE LEASE OF A COMMUNITY SERVICE OFFICE FOR SAN BERNARDINO AT JJ4 WEST BASELINE. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 5 SECTlOH 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City a lease agreement between the City of San Bernardino and GASkA Inc. for $1.00 per year for rental of office space located at 334 West Baseline for the relocation of the Area 'B' Police Community Service Office. SECTION 2. That the Police Department be authorized to relocate the Area T~' Police Community Service Office to 334 West Base- line and that the Council authorize fundin9 in the amount of $1,640 for relocation and operation costs for the remainder of FY 1990/91. I HEREBY CERTIFY that the foregoing resolution was d~Jy auopted by the Mayor and Common Council of the City of San Bernardino at a III III III 1/1 III III o o o . _. . '_" .a. JJ'''' 15 IG 17 18 19 20 21 22 23 24 25 2G 27 28 40~:~'~ 0.&0......00;.1...2 -.-.v-a.""" t.1f~::.t'J.\ llf1.,. F.~~.~~ 03 RESO RE: EXECUTlON OF A LEASE AGREEMENT BETWEEN THE CITY OF SAN BfRNARDINO ~ &~D GASKA INC. R THE LEASE OF A COMMUNITY SEF E OFFICE AT ))4 WEST 8ASF.Lr: - ..... I 1 adjourned regular meeting thereof, held on the 19th 2 3 4 5 G day of JWle . 1991, by the following vote. to wit: Coune i I Members AYES NAYS ABSTAIN ESTRADA x REILLY -..-- HERNANDEZ x -- x MAUDSLEY x MINOR x POPE-LUDLAM x MILLER x 7 8 9 10 11 12 13 14 C(~Ci~~ The foregoing reso lut 10n is hereby approved th i s 21st June . 1991. ~ " , / day of ./""7 " , /,", "~I ,,' , //// ,/'/ ./c ." /. , -,"..~ ",.'..' .', ,./,,' .. _/ _...-" .' :;,.-.- , W.i.'HOCCOMB. Mayor ,,- City of San.Bernardino Approved as to form and legal content; JAMES F. PENMAN City Attorney ,):, "18/ 1"~'~:3 16: 06 C" . ) o 25 26 27 OL8 2 I 3 I I 4 5 6 7 I 81 9 10 II 12 13 14 I 15 I 161 17 ! 18 19 20 21 22 SlS'54l;r->o;43 c.ASVA Ill: 2000-100 F,c....iE ('1-1 Res. RECEIVED MA,( 0 7 ~~31 91-268 snOPPING CENTER LEASE BASELINE CENTER 1. PARTIES. This Lease, dated as of this Eit. day of Jj~LG~----_' 1991, is made by and between the GALSTI1\N FAHILY TRUST (herein called "Landlord") and THE CITY OF SAN BERNARDINO, a municipal , I I , I I I- I corporation, (herein called "Tenant"). 2. PREMISES. Landlord does hereby lease to Tsnant, and Tenant does hereby lease from Landlord, that certain space (herein called "Premises"), having dimensions of approximately twentY-five (25) feet in fron~age by fifty (50) feet in depth and containing approximately 1250 square feet of floor area. The location and dimenSions of said Premises are delineated on Exhibit "AN attached hereto and incorporated by reference herein. Said Premises are located in the City of San Bernardino, County of San Bernardino, State of California, COmmonly known as 334 West Baseline, at Baseline Shopping Center. This LeaSe is SUbject to the teormn, COvenants and conditions herein set forth and the Tenant covenants "9 il material part of the consideration for this Leil"" to ]<'1\ep and 23 perfol:'m each and all of said terms. COvenant9 and conditions by 24 it to be kept and pel:'fOrmed. 3. USE. I I Tenant shall use the Premises for a Police Community SerVice Office fOr the POlice Department of the City of S~n Bernardino and shall not use 01:' permit the Premises to be u$ed JNM/bg [ShopCntr.LseJ f1ay 3, 1991 1 0 2 3 4 S 6 7 II I 8 9 10 11 12 13 14 0 15 16 17 18 19 20 21 22 23 24 2S 26 27 0 28 2000-100 for any other purpose without the prior written con5ent of Landlord. 4 . MINIMUN RENT. Tenant agrees to pay to Landlord as Minimum Rent without notice or demand, the annual sum of One DOllar (S1.00), in advance, upon the execution of the Lease Agreem~nt. Landlord agrees that it will, at its sole cost and expense. as Soon as is reasonably Possible after the execution of this Lease, commence and pursue to completion the improvements to be erected by Landlord to the extent shown on the attached Exhibit "S" labeled "Description of Landlord's Work and Tenant's Work". The term "substantial completion of the premises" is defined as the date on which Landlord notifies Tenant in writing that the Premises are substantially complete to the extent of Landlord's work specified in E~bit "B" hereOf, with the exception of such work as Landlord cannot complete until Tenant performs necessary portions of its work. Tenant ehall commence the installation of fixtures, equipment and any of Tenant's work as set forth in said Exhibit "B" promptly upon substantial completion of Landlord's work in the Premises and shall diligently prosecute each installation to completion and shall Open the Premises for business not later than the expiration of said thirty (~a) days. 5. ~. The Leasa term shall be two (2) full years, COmmencing upon the date of th'? full execution of the Lease Agreement and ending two full years thereafter. The parties hereto acknOWledge that Certain obligations under various artiCles hereof may commence prior to the Leaee term, i.e. constructions, hold harmless, etc.: JNM/bg [ShoPCntr.LseJ May 3, 1991 2 ".~""-"'\'~- 2000-100 -. '-. and the parties agree to be bound by thene articles prior to th~ commencement or the Lease tenn. 6. USES PROHIBITED. Tenant sha 11 not do or permi t anything to be done in or about the Premises nor bring or keep anyt.hlll!/ therl'!ill which in not wi thin the permi tted Uge of the l'reminco which w III in <IllY way increase the existing rate of or affect any fire or other insurance upon the bui lding or any of its contents or cause the cancellation of any insurance policy covering said building or any part thereof, or any of its contents. Tenant shall not use the Premises for jail purposes. in or Upon the Premises, nor to dispose of any toxic or Tenant shall not commit Or allow to be committed any waste substance whatsoever in any manner on or around said premises. contaminated or potentially contaminated material, waste and/or 7. ALTERATIONS AND ADDITIONS. Tenant shall not make or ellow to be made any alterations, additions or improvements to or of the Premises or any part thereof without first obtaining the written consent of the Landlord. Any such alterations, additions and improvements made by Tenant pursuant to this artiCle shall conform to every applicable requirement of law or dUly constituted authority. 8, REPAIRS. By entry hereunder, Tenant Shall be deemed to have accepted the Premises as being in good sani tary order, Condi t ion and repair. Tenant to have fifteen (15) days after occupancy to notify Landlord of any defiCiency in the heating, plumbing, electrical and air conditioning system. Landlord to repair such JNM/bg (ShopCntr.Lsel May 3, 1991 3 ..".-':"' ..:-,~..~..-. "."' I":. 1'33:3 1&: 06 o o 8185~68?~'3 ':;ASl-.A If k: 2000-100 r'.';E l)~ '-- 1 2 3 4 deficiency at no expense to Tenant. Ten..nt ..grees to repair ..IIY damage caused by Tenants as a result of their OCCupancy of Premises. Landlcrd shall repair and maintain the structural portions 5 of the bUilding, inCluding the exterior walls and roof, unless 6 such maintenance and repairs are caused in part or in whole by 7 the act, neglect, fault or omission of any duty by the Tenant, 8 its agents, servants, employees, invitees or any damage caused by 9 breaking and entering, in which case Tenant shall cause to be> 10 made such repairs and maintenance. Landlord shall not be liable 11 fOr any failure to make such repairs Or to perform any 12 maintenance unless such failure shall persist for an unroasonable 13 time after written notice of the need of such repairs or 14 maintenance is given to Landlord by Tenant. 15 9. LIENS. 16 Tenant shall keep the Premises and the property in which 17 the Premises are situated free from any liens arising out of any 18 work performed, materials furnished or obligations inCUrred by or ]9 on behalf of Tenant. 22 law, assign, tranSfer, mortgage, pledge, or encumber this Lease or any interest therein, and shall not Sub-let the said Premises, 20 21 23 , I 24 I I 25 I 26 I 0 27 28 j I ;1 i ,I 10. ASSIGNMENT AND SUB-LETTING. Tenant shall not, either VOluntarily, Or by operation of or any part thereof, or any right or pri vi lege appurtenant thereto, or allow any other pel'Son (the employees, agents. servants and invitees of Tenant excepted) to occupy or use the said Premises, or any portion thereOf. / / / JNM/bg [ShopCntr.LseJ r.lay 3, 1991 4 I.I.~..' 1'='/1 "I:J .lb:tJJjo o o 27 o 28 2 3 4 5 6 7 8 9 10 II 12 13 14 'I 15 16 I 17 18 19 20 21 22 23 24 ljll:l~~bl:l'>4'3 2000-100 c1ASlcA II r.: r ;~';E OS: ....; ....... 11. HOLD-HARMLESS. Tenant agrees to defend. indemnify, saV9 and hold Landlur1, its offlcers, agents and employees harmless from any c I aims 01' suits that may be brought by third persons, Tanant or employe9s of Tenant. on account of personal injury, death. G. damage to property, or a property or business or personal interest, ariSing from any ne~ligent act or omission by Tenant arising out of en inCident to this Lease Agreement. 12. UTILITIES. Tenant shall pay for all water, gas, heat, light, power, sewer charges, telephone service and all other services and utilities supplied to the Premises, together with any taxes thereon and also any connection charges related to the above- mentioned services. If any such services ere not separately metered to Tenant, Tenant shall pay its prO-rata share, to be determined by Landlord, of all charges jointly metered with other premises. 13. TERMINATION OF THE LEASE. Landlord and Tenant hereby agree that both parties shall have the right to terminate this Lease provided Tenant or Landlord delivers thirty (30) days advance written noticn of sud, termination to the other Party. 14. PARKING IN COMMON AREAS. Landlord covenants that the parking areas at all times 25 available tor the non-exclusive use of Tenant during the full 26 term of this Lease or any extension of the term hereof, provided that the condemnation or other taking by any public authority or sale in lieu of condemnation of any or all such common and JNM/bg [ShopCntr.LseJ May 3, 1991 5 o o o . ',"';'C" -'_'-._. l):~:"'l ~~"1 '3'~:? 16: ('Ie. 8180;41;3549 ('1ASI<A m~ 2000-100 I=" .~';E 03 '-' ""' 2 parking areas shall not constitute a violation of this covenant. Tenant shall not park more than four (4) pOlice vehicles at 3 any time during the business hours of the shopping center at the 4 main parking lot. However, Tenant has the right to park any 5 6 additional police vehicles in the rear parking lot of tho center known as loading and unloading area. The Landlord shall keep automobile parking in common area9 7 8 in a neat. clean and orderly condition and shall repair any 9 damage to the faCility thereof. 10 Tenant, for the use and benefit of Tenant, it" agents. 11 employees, customers, licensees and sub-tenants, shall have th~ 12 non-exclusive right in common with Landlord, and other present 13 and future owners, Tenants and their agents. employees. 14 customers, licensees and SUb-tenants, to use e<iid <:,~m,"..,n and 15 parking areas during the entire term of this Lease or any 161 extension thereof, for ingress and egress. and automobile 171 parking. 18 15. PRIOR AGREEMENTS. 19 This Lease contains all of the agreements of the parties 20 hereto with respect to any matter covered or mentioned in this 21 Lease, and no prior agreements or understanding pertaining to any 22 such matter shall be affected for any purpOse. No provision of 23 this Lease mqy be amended or added to except by an agreement in 24 writing Signed by the parties hereto or their respective 25 SucceSSOrs in interest. This Lease shall not be effective or 26 binding on any party until fully executed by both parties hereto. 27 16. PARTIAL INVALIDITY. 28 Any provision of this Lease which shall prove to be II JNM/bg [ShopCntr.Lse) t'lay 3, 1991 6 .' .... .. ..; .. ~~.... . .""'_v'" c o O&OJ"OO,,:,.., ':lA',rA lIIe 2000-100 p"";( 11) ~. 1 invalid, void, or illegal shall in no way affect, f.mpair or 2 invalidate any other provisions hereof and such other provisions 3 shall remain in full force and effect. 4 17. SIGNS. 5 Tenant shall not affix any sign to the roof. Tenant Shall, 6 however, erect one illuminated cign casing on the front of the 7 premises, at its own cost, provided, however, that all signs are 8 subject to the prior written apprOval of the Landlord. 9 18. SALE OF PREMISES BY LANDLORD. 10 In the event of any sale of the Premises by Landlord, 11 Landlord shall be and is hereby entirely freed and relieved of 12 all liability under any and all of its covenants and obligations 13 contained in or derived from this Lease arising out of any act, 14 15 occurrence or omission occurring after the consummation of such sale: and the purchaser, at such sale or any subsequent sale of 16 the Premises shall be deemed, without any further agreement 17 between the parties or their Successors in interest or between 18 the parties and any such purchaser, to have assumed and agreed to 19 carry out any and all of the covenants and obligations of the 20 Landlord under this Lease. 21 22 19. SUBORDINATION, ATTORNMENT. -. Upon request of the Landlord, Tenant Will, in writing, 23 subordinate its rights hereunder to the lien of any mortgage or 25 24 deed of trll"~. to any bank, inourence COmpany <n other lencHng 26 27 028 institutton, now Or hereafter in force against the Premises, and to all advances made or hereafter to be made upon the security thereof. 1// II I! JNM/bg (ShopCntr.LSej May 3, 1991 7 1 C 2 J 4 5 6 7 8 9 10 11 12 13 14 0 15 16 17 18 19 20 21 22 23 24 25 26 27 0 28 .-~;. ..;..;,.-~ --""';';'&OJ~"VVJ"~ ......*A UP; PA';E 11 2000-100 - '-' 20. CERTIFICATE OF SELF-INSURANCE. Attached hereto and incorporated herein by referenGe is the Tenant's Certificate of Self-Insurance marked Exhibit "C", 21. NOTICES. All notices and demands which mayor are to be required or permitted to be given by either party on the other hereunder shall be in writing. All notices and demands by the Landlord to the Tenant shall be sent by United States Mail, postage prepaid, addressed to the Tenant at the Premises and at tho addresses hereinbelow, or to such other place as Tenant may from time to time designate to the Landlord. All notices and demands by the Tenant to the Landlord Shall be Bent by United St~tA~ Mail, postage prepaid, addressed to the Landlord at the address set forth herein and to such other person or place as the Landlord may from time to time designate in a notice to the Tenant. To Landlord at: c/o Gaska, Inc. 100 West Broadway, Suite 950 Glendale, CA 91210 To Tenant at: San Bernardino Police Department Attn: Chief of Police 466 West Fourth Street San Bernardino, CA 92418 IN WITNESS WHEREOF the parties hereto have executed this / / / / / / / / / / / / / / / / / / / / I JNM/bg [ShopCntr. Lse] 8 Nay 3. 1991 o o o :::.~-~ ;':,":::;~"""~r~ '1-'::: _ "'~~U ;:... ~':~< -.... <'" " 1 RESOLUTlO:\' OF THE :\1 A YOR AND COMMO~ COU;,\CIL OF THE CITY OF SA\ 2 BER;-';ARDINO AUTHORIZING THE SECOND A:\1El'i'DMEl'iT OF THE LEASE 3 AGREE:\IEl'i'T BETWEEN THE CITY OF SAN BERNARDINO AND THE GALSTlA~ FAMILY TRUST FOR THE OFFICE SPACE LOCATED AT 334 Al'i'D 336 WEST 4 BASELINE STREET TO SERVE AS THE CENTR<\L DISTRICT COM:\fUNIn ORIENTED POLICE STATION. 5 6 I HEREBY CER TIr'Y that the foregoing resolution \\'as duly adopted by the 1\layor and 7 Common Council of the City of San Bernardino at a meeting 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 thereof. held on the day of .1005. by the follo\\ing vote. to wit: Council \'Iembers: AYES NAYS ABSTAll'\ ABSENT ESTRADA LONGVILLE \ICGINNIS DERRY KELL Y JOHJ\SON \lCCA\l1\lACK Rachel G, Clark. CITY CLERK The foregoing resolution is hereby approved this ~ day of .1005. Judith "alks. \layor City of San Bernardino 25 Approwd as to form and legal content: 26 JAi\lES F, PEN\l.-\:\ 27 City Attorney ,\, 8 I --,// 2 By: \f'......~ ~. .;.vt............. /, , . \ .....i' ".' '--';::"~"'-"';;-c;:'- ~_. ." :~~'_-';-'''''_;:''':_'C.:~.-_-,;.-, II.:,' J ::i/ J ':1.~t~ 1 b: t:Jb C I 2 3 4 5 6 7 ,I 8 I 9 ! 101 tn t:f!l~bt:f~4':j ljA~(A 1I~; F':';"tt. J! 2000-100 Lease on the date first written herein. . , ACCEPTED AND AGREED 1991 FJ>.MILY T TENANT " a~~~ RaChh1 Krasney CITY CLERK 1t(J -;. tdU-?vlA .J mes F. Penman ITY ATTORNEY 11 12 13 0 14 15 16 17 18 19 20 21 22 23 24 25 26 0 27 .28 JNM/bg [ShopCntr.LSe] 9 May 3. 1991