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Home My WebLink About16-Police Department CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Michael Billdt, Interim Chief Subject: Resolution of the Mayor and Common Council of the City of San Dept: Police Department 0 '"' , 1" " , , L Bernardino authorizing the execution of a . i" I '1 lease agreement with the Inland Center Mall Date: January 2, 2002 ' \0/1 I I ~, for lease of certain real property known as the Police Community Service Office located at 204 Inland Center Mall, the term of the agreement is for seven (7) years. Synopsis of Previous Council Action 12-3-97 Resolution No, 97-348 authorizing an agreement with Tri-Cities Investment Company to lease certain real property to be used as a Police Community Service Office for Area E. Recommended Motion: 1. Adopt Resolution ~~ MICHAEL BILLDT, ACTING CHIEF OF POLICE Contact person: Mark Emoto, Lieutenant Phone: 388-4939 Supporting data attached: Yes Ward: 3 FUNDING REQUIREMENTS: Amount: $1 per year x 7 years = $7 in lease payments - Acct # 001-213-5181 $3,000 office furniture and equipment, and sign removal from Diners Court COP, - Acct # 001- 213-5112. f /} ~/k~~ / mance Council Notes: 'l2.Erxs ~ 2C::<':,:) - 2. '2, I /J.J.)/J~ Agenda Item No. I ~ 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 execution of a lease agreement with the Inland Center Mall for lease of certain real property known as the Police Community Service Office located at 204 Inland Center Mall, the term ofthe agreement is for seven (7) years. BACKGROUND: The Police Department currently has an opportunity to relocate the Area "E" Community Service Center at the Inland Center Mall which will enhance the area command and provide an attractive, functional environment for department personnel and community members. The relocation of the facility will provide a permanent structure and bring Area "E" into alignment with other area commands. In 1984, the Police Department adopted the Community Oriented Policing (COP) model. From this model the department has established area commands throughout the city. Currently, there are five (5) area commands, each having at least one Community Service Office. In December 1987, a study, entitled "An Analysis of Community Oriented Policing in the City of San Bernardino," was conducted to determine the appropriate location for the community service offices, based on established criteria. The specific criteria included optimal visibility, adequate parking, and a location within the area command that is conveniently accessible to the public. Currently, the Area "E" Community Service Office (COP) is located at 1993 South Diners Court in a leased office at the cost of $1 per year. The lease has expired, and the current owners of the property have informed the Police Department that they have found another tenant to occupy this space. Sperry Van Ness, the management company that oversees this property, has offered to relocate us within the current complex. The space offered is too small for our current operational needs, and the owners are providing only minimal tenant improvements. The City would be required to bear the costs for additional improvements. The current Area "E" COP became operational in February 1997, and since that time the staff has grown to include 2 Problem-Oriented Policing (POP) officers, 2 Bicycle Mounted Enforcement Team (BMET) officers, a Parole Coordinator, a Parole Agent, a Crime Prevention Specialist, and a P.O.P. Liaison officer. This increases the COP staff working in the office from four to twelve. The size of the current office and the other offered by Sperry Van Ness is inadequate to provide sufficient working space for the increased staff mg. For the past six (6) months, the Area Command staff has made several inquiries about a suitable office site for relocation in the general area of our current location (the Hospitality Lane Corridor). We were unable to locate any suitable sites that were within our financial parameters or suited our needs. Many of the sites on the Hospitality Lane Corridor are prime space with monthly leases of up to $2500/month. . . A suitable site was located at the Inland Center Mall. Negotiations with the mall management resulted in their offer to situate the Area E COP in an approximately 1500 square foot office site. The mall management will provide renovation and tenant improvements. During the negotiation process, the Police Department and the mall management agreed that although the COP would be located at the mall, the Police Department was not obligated to provide police services above and beyond what would be expected of any other business location where a COP would be located. Thus, there is no obligation for increased staffing. The proposed relocation will move the Area "E" office from the current Diners Court location to 204 Inland Center Mall. The new location complies with the site selection criteria as established in the December, 1987 study. A lease agreement between the City and the Inland Center Mall will provide the new location at a cost of $1 per year, for a term of seven (7) years. The Inland Center Mall management company has agreed to complete and pay for all the necessary improvements to the space in order to fulfill our needs. The cost of the improvements is estimated to be $40,000. The new location provides the necessary space for expansion and lends the professional image associated with the San Bernardino Police Department. It provides for long-term occupancy with a minimum of a seven (7) year lease agreement. FINANCIAL IMPACT: The Inland Center Mall management has offered to provide funding for major renovation and tenant improvement costs. We will incur the costs of removing the signage from the Diners Court COP. The mall management has agreed to pay for installing the signage on their building. Information Services has indicated that there will be no significant costs for installation of data lines. There may exist some contractual costs associated with data lines at the Diners Court site that the City may be obligated to pay, however this is already factored into the 2001-2002 budget. There will be no significant change in the annual operating expense of the Area E COP. The new COP will need approximately $3000 for office equipment (bookshelves, file cabinets, etc) and sign fixture removal from the Diners Court COP. RECOMMENDATION: Adopt Resolution. Clt,! or SJ" aolrn.IfCllno iUl?GET TRANSFER REOUEST DATE 1/8/02 - I TRANSFER I FROM TO I ACCOUNT NO AMOUNT ACCOUNT NO. r AMOUNT I O.Qt. Bl.ldgat i Clot. 9u<Jget Fynd 01. COd. SUFX Fund Oiv Codl i SUFX , - -- A~v , - -- RE'} , , I 001 213 5187 $3000 001 213 5112 $3000 i I REASON FOR TRANSFER: The budg~t transfer is needed to f~nd the purchase of furnishings, equipment and sign removal/installation for the new E area COP office located in the Inland Center Mall. ". ~ _/.- -- - 77 iJ/k- C,.,p,. . DEPARTMENT HEAD POll CE DE?ARiMENT .~=~UESTE:j 3)' FINANCE & ADMINISTRATOR'S OFFICE USE ONLY J, V. Numter COUNCIL ACTION (REQUIREDI (NOT REQUIRED) OAT~ APPROVED: APPROVED: CITY ADMINISTRATOR DIRECTOR OF FINANCE ~'STRlaUTION: WHITe:. Finlnc. 150-101 VEL.LOW. Finlnc. PINK. Requesting O'OI~m."t I . e (C;;' .---. '. '\( '-': , \ , i .. ~U---' . 1 2 3 4 5 6 7 8 9 10 11 12 13 RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LEASE AGREEMEl\'T WITH THE INLAND CENTER MALL FOR LEASE OF CERTAIN REAL PROPERTY KNOWN AS THE POLICE COMMUNITY SERVICE OFFICE LOCATED AT 204 INLAND CENTER MALL. THE TERM OF THE AGREEMENT IS FOR SEVEN (7) YEARS. 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 the Inland Center Mall, for the lease of the real property located at 204 Inland Center Mall in the City of San Bernardino. A copy of said agreement is attached hereto marked Exhibit "A" and incorporated herein by this reference as fully as though set forth at length. SECTION 2. This agreement shall not take effect until fully signed and e 14 executed by both parties. The City shall not be obligated hereunder unless and until the e 15 16 17 18 19 20 21 22 23 24 25 26 27 28 agreement is fully executed and no oral agreement relating thereto shall be implied or authorized. SECTION 3. The authorization to execute the above referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. III III /II III III III e e e 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 OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH THE INLAND CENTER MALL FOR LEASE OF CERTAIN REAL PROPERTY KNOWN AS THE POLICE COMMUNITY SERVICE OFFICE LOCATED AT 204 INLAND CENTER MALL. THE TERM OF THE AGREEMENT IS FOR SEVEN (7) YEARS. 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 , 2002, by the following vote, to wit: Council Members: ABSTAIN ABSENT AYES NAYS ESTRADA LIEN MCGINNIS SCHNETZ SUAREZ ANDERSON MCCAMMACK City Clerk The foregoing ordinance is hereby approved this day of 2002. Judith Valles, Mayor City of San Bernardino Approved as to Form and legal content: JAMES F. PENMAN, City Attorney By: ~~i.P~ o e . ~ 'q::;M .W",,, ~ ,~;;,. .,';:'t'V% ~ . 0" . ii' " . " "\t~:~." 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' l7! ,~ Sl!(l o Uiu~r ~ ~iJIH$1 w ...J ~ .gg.~~~~ 13 s;:UUIIU e e e e AI "CJ7M H.UlON ~i ~~~ ~ ~ i %1 5 ~ i.;<' " .='~/ :;;1 ~ , > I IU! ': :i5 I': I I~ , .. W~-i~- :l~nm ,If :0 ~ ~ ~ : ~ I ! I ; Iii . ~ ; I s s s City o~ SoIn a.rn.rcU"O ouoaET TRANSFER REQUEST O.\i": 1/8/02 - e I TRANSFER I FROM lr TO I ACCOUNT NO. AMOUNT j ACCOUNT NO. I A.\'Ci~'V:- i O.ot. 8\,ldg.t :1 C.Cl:'IS<<.:C'9.1 F'Jnd 01-, COd' SUFX I Fvr.c Ci" CO~, SU~X , - - - R~', ~::'I , - - - , I 001 213 5187 $3000 001 213 5112 $3000 I : I I I , I I I REASON FOR TRANSFER: The budggt transfer is needed to f~nd the purchase of furnishings, equipment and sign removal/installation for the new E area COP office located in the Inland Center Mall. " e ~~77 /1,,;;::- ~4F;-:- . DEPARTMENT HEAD POll CE DEPARTMENT ~='~U=ST.:~ 3Y FINANCE & ADMINISTRATOR'S OFFICE USE ONLY J. V.Numt::er COU.'JCIL ACTION (REQUIREDl {NOT REOUIREDI OAT" e APPROVED: APPROVED: CITY ADMINISTilATOR DIRECTOR OF FINANCE ~ISTRISUTION: WHITZ.. Fin~nct 150-,0\ VE~LOW.. Fin.ne. PINK. ReQu.sting O.~.t'.:ment LEASE . THIS LEASE is made and entered into this day of 2002, by and between MANO MANAGEMENT COMPANY, INC., a Delaware Corporation, dba INLAND CENTER MALL herein referred to as "Lessor" and THE CITY OF SAN BERNARDINO, herein referred to as "Lessee." The Lessor and Lessee mutually agree that: 1. The Lessor is the owner of the premises described as 500 Inland Center Drive, Space 204, San Bernardino, California (the "Premises"), located in an enclosed shopping mall known as "Inland Center Mall" (the "Mall") as more fully depicted in Exhibit "A-l" ("Inland Center Lease Plan") and Exhibit "A-2" ("Inland Center Site Plan) and desires to lease said Premises to the Lessee for use as a community administrative service office by the police Department of the City of San Bernardino and for other lawful purposes as determined by the Lessee. The Lessee desires to lease said Premises from the Lessor pursuant to the provisions stated herein. 2. The Lessor leases to the Lessee, and the Lessee lets from the Lessor, as herein provided, the Premises. The Lessee shall have full and unimpaired access to the Premises at all times and the nonexclusive right to use common areas, including parking areas. Lessee shall have the right to use seven (7) reserved parking spaces designated by Lessor, as more fully described in Section 14 below. . 3. The term of this lease shall be for seven (7) years, beginning February 1, 2002, and ending January 31, 2009 (the "Term") . 4. The total rent for said Premises shall be $1. 00 (one dollar) annually, in advance, due and payable on February 1 of each year of the Term. The Lessee shall not be liable for other costs or expenses except as agreed to herein. Payment of rent shall be made to Lessor at 500 Inland Center Drive, San Bernardino, California 92408. 5. The Premises are leased to be administrative office for the police Department or for any other lawful public purposes. used as a community service of the City of San Bernardino 6. The Lessor shall pay for all utilities furnished for the Premises for the term of this lease, including gas, water and rubbish removal. The Lessee shall pay for telephone service and electricity. 7. The Lessee shall maintain all internal portions of the Premises in good condition. The Lessor shall be responsible for the exterior of the building. The Lessee shall be liable for any damage to windows and doors above ordinary wear and tear resulting from the act or omission of the Lessee or its authorized representatives. . 8. fixtures removable property. fixtures. The Lessee shall have the right to install such as are necessary for the proposed use of the Premises, fixtures installed by Lessee shall not become part of Lessee shall repair any damage caused by the removal removable and such the real of such N:\M51I..Q02\DOC\Leasc.OOJ.doc 1 No./~ . 1/;;' JJ a()- . 9. The Lessee may make such repairs and improvements as are required to fit the Premises for the proposed use. Notwithstanding the foregoing, Lessee shall not make any structural alterations or structural improvements to the Premises without the express prior consent of Lessor, which consent shall not be unreasonably withheld. 10. The Lessor agrees to procure and maintain in force during the Term and any extension thereof, at its expense, fire insurance on the real property in an amount sufficient to protect the Lessor's interest. Throughout the Term, or any extensions thereof, Lessee shall maintain insurance against public liability for injury to person (including death) or damage to property occurring within the Premises arising out of the use and occupancy thereof by Lessee. Such insurance shall be with minimum single limits of Two Million Dollars ($2,000,000.00) for personal injury, death or property damage, and Lessor shall be named as additional insured under the policy. Lessee shall deliver to Lessor a certificate of such insurance naming Lessor as an additional insured and an agreement by the insurer that said policy may not be canceled without ten (10) days prior written notice delivered to Lessor. In lieu of the foregoing, City in the event it is self- insured, shall provide to Lessor written confirmation of its self-insured status and its present and ongoing ability to cover claims equal to or higher than the coverage set forth above. Such written confirmation shall be sent to Lessor at its notification address set forth in paragraph 18. . 11. The Lessee shall be responsible, at its sole cost and expense, for any signage and may erect or display this signage on the Premises depicting the use of the Premises. The location and design of all such signage shall be subject to the prior approval of Lessor, which approval shall not be unreasonably withheld. Lessee shall remove all existing signage on the Premises at its sole cost and expense. Lessee shall repair any damage caused by the removal of existing signage. All signage erected pursuant to this Section shall be installed by Lessor. 12. As a material part of this lease and in consideration for Lessee agreeing to a seven (7) year lease term, Lessor shall, at its sole cost and expense, cause the installation of tenant improvements necessary for the initial build-out of the Premises for Lessee's intended use, the nature and extent of which shall be determined in the sole and absolute discretion of the Lessor, but shall include without limitation, construction of an outside entrance, offices, work areas, a bathroom and a conference room (the "Initial Improvements") . . 13. Lessor, in its sole and absolute discretion, upon sixty (60) days written notice to Lessee, may require Lessee to relocate its operations from the demised Premises to another space located within the Mall, which space is determined by Lessor in its sole and absolute discretion to be suitable for Lessee's use. In case of relocation, all costs and expenses of such relocation shall be borne solely and exclusively by Lessee and the terms and conditions of this Lease shall apply to the new demised Premises. Notwithstanding the foregoing, in case of relocation pursuant to this Section, Lessor shall, at its sole cost and expense, but subject to the reimbursement provision of. Section 16 below, construct and install improvements in the new demised Premises similar in function to the Initial Improvements. N:'MS 1I.oo2\DOC\Lease,OOJ,doc 2 . . . 14. spaces in Premises. Lessor shall a portion of provide Lessee with seven (7) reserved the Mall parking area reasonably close parking to the 15. This lease is made upon the express condition that Lessor shall be free from all liability and claim for damages by reason of any injury to any person or persons including Lessee, and property of any kind whatsoever and to whomsoever belonging including Lessee from any cause or causes whatsoever in, upon or in any way connected with the demised Premises or the adjacent common areas of the Mall during the Term. Lessee covenants and agrees to indemnify and save Lessor harmless from any and all liability, cost, loss, or obligation on account of or arising out of any such injury or loss occurring. Notwithstanding the foregoing, the Lessee shall not be liable and shall not be required to indemnify Lessor for any liability, cost, loss or obligation arising out of the negligence or intentional acts of Lessor. 16. The Lessee shall have the right to terminate this lease for any reason by giving thirty (30) days advance written notice to the Lessor, and this lease shall terminate thirty (30) days thereafter. If the Lessee terminates the Lease pursuant to this Section 16 prior to the expiration of the Term, Lessee shall reimburse Lessor for the remaining unamortized value of the Initial Improvements, which the parties have agreed shall be five thousand dollars ($5,000.00) for each year remaining on the Term of the lease, prorated accordingly for partial calendar years. Payment of all such sums shall be made by Lessee upon the termination of the lease. 17. 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 asa waiver of the right to compel enforcement of such provision or provisions, nor act to release any surety from its obligations under this lease. 18. person or addressed All notices herein required shall be in writing and delivered in sent by certified mail, postage prepaid, return receipt requested, as follows: "Lessorll "Lessee" MANO MANAGEMENT COMPANY, INC. 500 Inland Center Drive San Bernardino, CA 92408 Attn: Arun Parmar Mayor of the City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 III III III III N:\MS 1I.oo2\DOC\Lea5c.OO1.doe 3 . . . IN WITNESS THEREOF, the parties executed this lease on the date first above written. LESSOR: MANO MANAGEMENT COMPANY, INC., dba INLAND CENTER MALL By: LESSEE: THE CITY OF SAN BERNARDINO By: ATTEST: City Clerk Approved as to form and legal content: James F. Penman City A torney N:\MSll-002\DOC\J...eue.003.doc 4 . CITY CLERK'S OmCE RAcHEL G. CLARK, CM.C. . CITY CLERK P.O. Box 1318. San Bernardino. CA92402 300 North "D" Street. San Bernardino' CA 92418-0001 909.384.5002' Fax: 909.384.5158 Business Registration Division: 909.384.5302 Passport Acceptance Facility: 909.384.5128 www.cLsan-bernardino.ca.us " January 28, 2002 Arun Parmar Mano Management Company, Inc. 500 Inland Center Drive San Bernardino, CA 92408 Dear Mr. Parmar, At the Mayor and Common Council meeting of January 22, 2002, the City of San Bernardino adopted Resolution 2002-23 - Resolution authorizing the execution of a lease agreement with the Inland Center Mall for lease of certain real property known as the Police Community Service Office located at 204 Inland Center Mall. Enclosed is one (1) original agreement. Please sign in the appropriate location and return the original agreement to the City Clerk's Office, Attn: Michelle Taylor, P.O. Box 1318, San Bernardino, CA 92402, as soon as possible. Please retain a copy of the agreement for your files. Please be advised that the resolution and agreement will be null and void if not executed within 60 days, or by March 25, 2002. If you have any questions, please do not hesitate to contact me at (909)384-5002. Sincerely, j ,,' t'/,ii , ;I/! Ii' Iu~v. '.)'; (f.: '. Michelle Taylor" Senior Secretary Enclosure CITY OF SAN BERNARDINO ADOPTED SHARED VALUES: Integrity' Accountability' Respect for Human Dignity' Honesty CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: February 8, 2002 TO: Michael Billdt, Assistant Chief of Police FROM: Michelle Taylor, Senior Secretary RE: Resolution 2002-23 - Inland Center Mall Lease Agreement CC: Lt. Mark Emoto; Finance Attached is a fully executed copy of the lease agreement with Mano Management Company, Inc. (dba Inland Center Mall) for the Police Community Service Office to be located at 204 Inland Center. The original agreement is on file in the City Clerk's Office. If you have any questions, please call me at ext. 3206. . .0 . ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): / - .2:1-0 d Item # I k Vote: Ayes ~ I, ;>'--1) Nays e- o Resolution # ~ 00;2 - .2 _~ Abstain ~ Absent _~ Change to motion to amend original documents: - See Attached: / Date Returned: :L --)'-01).- See Attached: See Attached: Reso. # On Attachments:.,/" Contract term: - Note on Resolution of Attachment stored separately: ---.L Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY Date Sent to Mayor: 2btf/o~ Date of Mayor's Signat re: I-~)i\ -oc:l Date of Clerk/CDC Signature: 1- <J II -ad- Date Memo/Letter Sent for Signature: 1- d 'S--o d- 60 Day Reminder Letter Sent on 30th day: 90 Day Reminder Letter Sent on 45th day: Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): Copies Distributed to: City Attorney /' . Parks & Rec. Code Compliance Dev. Services Police ,/ Public Services Water Notes: NullNoid After: 00 DfJ.7 \ J?, .~ ~'-o;:). I By: / Reso. Log Updated: Seal Impressed: v ,/ Yes / No By Yes No -.L By Yes No~ By Yes No V By - Yes No L By ---/ EDA Finance /' MIS Others: BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.) Ready to File: /Ii f Date: ;}- &,-i)';;> Revised 0 I /12/0 I