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HomeMy WebLinkAbout24-Facilities Management CITY ...."F SAN BERNARDINC. . REl. JEST FOR COUNCIL .ACTION From: Wayne Overstreet, Dir~~s_. },';'- :: ,- Subject: EXECUTION OF AN AGREEMENT WITH CENTRAL CITY COMPANY FOR THE LEASE OF BUILDING SPACE FOR A SECURITY OFFICE. Dept: Facilities Management Date: August 7, 1990 Synopsis of Previous Council action: 06/10/68 -- Lease agreement executed between the City of San Bernardino and the Redevelopment Agency. Recommended motion: Adopt Resolution Contact person: Wayne Overstreet Phone: 384-5244 Supporting data attached: Yes Ward: FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) (Acct. DescriPtion) Finance: Council Notes: 75-0262 Aaenda Item Nfl ~Jf CITY F SAN BERNARDINe . RE( 'JEST FOR COUNCIL .CTION STAFF REPORT In January of 1990 the MaU's Merchant Associationpetitionedthe City of San Bernardino for assistance for a special security program for the handling of gang problems that were occurring at Central City Mall. Central City MaIl, the merchants, and the American Multi-Cinema, Inc. (AMC), agreed to finance additional cost for this program, which was having an adverse effect on retail and merchandise sales for the Central City Mall. In order to induce and recruit qualified off duty law enforcement officers to perform this security duty, Central City Company agreed to provide approximately 640 square feet of office space to construct a security office for only $1.00 per year and the Merchants Association agreed to pay for other incidental cost, such as, materials, etc. for the construction of a security office and employees locker and lounge area, as an incentive to aid in the recruitment and retention of required qualified employees. This area has been completed at little or no cost to the City and is scheduled for grand opening on August 16, 1990 at approximately 11:00 a.m. Since this would be a major asset for the City of San Bernardino, to provide a highly desired and needed facility for a major security program, at a cost of only $1.00 per year, it is recommended that the attached resolution and lease agreement be approved for such space. 75.0264 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 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH CENTRAL CITY COMPANY FOR THE LEASE OF BUILDING SPACE FOR A SECURITY OFFICE. 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 an agreement with Central City Company, to lease building space for a security office, a copy of which is attached hereto marked Exhibit "A" and incorporated herein by reference as though fully set forth at length. SECTION 2. This resolution is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of ,1990, by the following vote. to wit: COUNCIL MEMBERS AYES ESTRADA - REILLY - FLORES - MAUDSLEY - MINOR - POPE-LUDLAM - MILLER - NAYS ABSTAIN 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 EXECUTION OF AN AGREEMENT WITH CENTRAL CITY COMPANY FOR THE LEASE OF BUILDING SPACE FOR A SECURITY OFFICE. City Clerk The foregoing resolution is hereby approved this day of ,1990. W.R. Holcomb, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN City Attorney B~) 26 08/07/90 27 28 1 2 LEASE AGREEMENT 3 (Security Office) 4 The LEASE AGREEMENT is made and entered into this day of 5 , 1990, by and between Central City Company and the 6 CITY OF SAN BERNARDINO, a municipal corporation, hereinafter 7 referred to as "CITY". 8 The parties agree as follows: 9 1. RECITALS: 10 This Agreement is made with reference to the following 11 facts and objectives: 12 a. Central City Company is the owner of a building 13 located at the northwest corner of the lower level of the 14 Central City Mall. The City of San Bernardino desires to occupy 15 a portion of the premises adjacent to the theaters which consist 16 of three (3) rooms that have approximately six hundred and forty 17 (640) square feet, to used as a site for the placement of a 18 security office (hereinafter known as "OFFICE") by the Facilities 19 Management Department of the City of San Bernardino. 20 21 b. CITY desires to occupy the premises from Central City Company pursuant to the provisions set forth herein. CITY 22 has examined the premises and is fully informed as to its 24 23 conditions. 25 2. PROPERTY LEASED: 26 occupy the real property described above and marked as "the Central City Company grants to the City the right to 27 Premises" on Exhibit "A" attached hereto and made a part hereof, 28 DAB/ses/city.agr August 9, 1990 1 18 1 2 together with the appurtenant rights referred to herein. 3 3. APPURTENANT RIGHTS: 4 The appurtenant rights referred to in this Agreement 5 are as follows: a. City shall have full and unimpaired access. 6 b. Central City Company gives to City and its authorized 7 representatives and invitees the non-exclusive right to use 8 common areas including parking areas. 9 4. PLACEMENT: 10 It is understood by and between the parties that the 11 location of the premises shall be in accordance with the diagram 12 attached hereto as Exhibit "A" and incorporated herein by 13 reference, Central City Company hereby grants to City or such 14 person or entity as City designates, unimpaired access to the 15 premises for the purpose of a security office located at 160 16 Central City Mall. 17 5. TERM: This lease Agreement shall commence upon execution of 19 the agreement by the two parties and shall expire one year 20 thereafter, but may be earlier terminated upon a 30 day written 21 notice of either party. Said lease may be renewed for additional 22 one year terms by City upon written notice to Central City 24 23 Company given prior to the expiration of anyone year term. 6. RENT: 25 City shall pay the sum total of one dollar ($1.00) per 26 year as rental for the Term of this Agreement, which shall be 27 payable at the beginning of each Term. 28 DAB/ses/city.agr August 9, 1990 2 ~ - 1 2 7. USE OF PREMISES: 3 City shall use the premises for a Security Service 4 Office of the City of San Bernardino and any other lawful public 5 purpose with the prior written approval of Central City Company. 6 Such approval shall not be unreasonably withheld. 7 8. FIXTURES, ALTERATIONS AND DUTY TO MAINTAIN: 8 City shall have the right to install such fixtures as 9 are necessary for the proposed use of the premises, and such 10 fixtures shall not become a part of the real property; provided, 11 however, that installation of any fixture shall be subject to the 12 prior approval of Central City Company, which approval shall not 13 be unreasonably withheld. Ci ty may also make such repairs and 14 improvements as are required to fit the premises for the proposed 15 use. City shall maintain all portions of the premises in good 16 condition and shall be liable for any damage above ordinary wear 17 and tear to the premises resulting from the act or omissions of 19 18 the City or its authorized representatives, but not from other persons. City agrees that it shall restore the premises to its 20 original condition at the termination of this Agreement; 22 21 including removal of any installed specialized equipment. 23 9. UTILITIES: 24 services furnished to it or used by it incl uding, without City shall make arrangements and pay for all utility 25 limitation, gas, electricity, water, telephone service and trash 26 collection and for all connection charges. 27 28 I I I DAB/ses/city.agr August 9, 1990 3 -- 1 2 10. HOLD HARMLESS: 3 City shall hold Central City Company harmless from all 4 damages arising out of any injury to any person or property 5 occurring in, on, or about the premises, except Central City 6 Company shall be liable to City for damage resulting from the 7 acts or omissions of Central City Company, or its authorized 8 representatives, and Central City Company shall hold City 9 harmless from all damages arising out of any such damage. City 10 shall meet all zoning and building code requirements for the 11 placement and use of the mobile unit on the premises, and shall 12 hold Central City Company harmless from any failure on the City's 13 part to meet those requirements. 14 11. SIGNS: 15 City may erect or display, on the leased premises, any 16 sign or advertising matter depicting the public use of the 18 prior approval of Central City Company which approval shall not 17 premises; provided, however, that all signs are subject to the 19 be unreasonably withheld. 20 12. AMENDMENT: 21 This Agreement may be amended or modified only by 22 written agreement signed by both parties and failure on the part 23 of either party to enforce any provision of this Agreement shall 24 not be construed as a waiver of the right to compel enforcement 25 of such provisions, nor act to release any surety from its 26 obligations under this Agreement. 27 28 / / / DAB/ses/city.agr August 9, 1990 4 23 24 25 26 27 28 1 2 12. NOTICES: 3 All notices herein required shall be in writing and 4 delivered in person or sent by Certified Mail, postage prepaid, 5 return receipt requested, addressed as follows: 6 LANDLORD CITY 7 Central City Company 295 Central City Mall San Bernardino, CA 92401 San Bernardino Police Dept. Attn: Director of Facilities Management 300 N. "0" Street San Bernardino, CA 92418 8 9 10 14. ATTORNEY'S FEES: 11 If either party to this Agreement brings any action or 12 files any proceeding against the other party arising out of this 13 Agreement or for the declaration or interpretation of any rights 14 hereunder, the prevailing party therein shall be entitled to 15 recover from the other party all costs and expenses, including 16 reasonable attorney's fees incurred by the prevailing party as 17 determined by the court. 18 IN WITNESS WHEREOF, the parties hereto have subscribed 19 their names, the day and year first hereinabove written. 20 ATTEST: CITY OF SAN BERNARDINO 21 By: By: 22 Approved as to form and legal content: JAMES F. PENMAN, ~~ By. / CENTRAL CITY COMPANY By: Salvatore F. Catalano, Manager Central City Company DAB/ses/city.agr August 9, 1990 5 I -~ ~+ I :1 !I ~I I I ,n, I , I I zl( I I. ~, : . ~ - . I ., "Ii i i I, - r; I - /<5;,'/ \(((, V:; /;;;1 ~(((( '(((~ @, (' , f" u ({~ \ L.:..- ~w, ~w 1M .((, '((i \@, ~ ~(\ W ~<l, ~;I '((I\) . o- S \'\'{) \\\ 11111) . . n. .. . . ITIIIT. '"' ",", ,- - ----+-- ~f! !f~ I i f &x""~-~ L- I I I I I I .C. I: I CENTRAL CITY COMPANY 205 CENTRAL CITY MALL. SAN 8ERNARDINO, (,~ 02401 . TELEPHONE (714) B8.-0100 July 11, 1990 Mr. Wayne Overstreet Director of Facilities Management 300 North "D" street San Bernardino, CA 92418 RE: New Mall Security Office Dear Wayne: Per our discussions, I think it would be good if we drafted an agreement for the City's use of the new Mall Security Office located at 160 Central City Mall. I am assuming that you would wish to have the City Attorney draft such an agreement on a standard form that is acceptable to the City. Therefore, I will only enumerate the main deal points for the agreement. 1) The agreement should be cancelable by either party upon 30 days written notice. 2) The term of the agreement may be for whatever length you deem necessary subject to the 30 day cancellation provision. 3) The City should indemnify Central City Company from any liability regarding the use of the premises. 4) Rent for the premises shall be $1.00 per year. 5) The use of the premises shall be solely as a Security Office for the conduct of Mall security operations. 6) Utilities: City shall pay for all utilities serving premises, including electricity. ~t may be advisable for you to consider connecting the electrical system for the Security Office directly to the City's power supply rather than be billed monthly for electrical use. 7) Premises and air conditioning unit servicing premises shall be maintained by City. If you have any questions regarding the above, ~ l~ ~ please con~\qt~~Z~ . :t' .> -~, "" '," ,( J/lt:,. ;", ' b ~. '~~~--; ....... '4It_ '-,... ., , ;;.,-..,.,. '. . .~~ Yours truly, Salvatore F. Catalano, CSM General Manager SFC:rlt ",,'r. "nrnr ",.',,',nr . "'" .........nrn. "T""nr "T"" r-r~'-rn.. ................, , .....