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CIT' OF SAN BERNARDI If - REQU~T FOR COUNCIL AClfN
From: Ralph H. Prince
Subject: Lease of Property at 3633 E.
Highland Avenue for Police
Community Service Office
Dept: City Attorney
Date: April 7, 1986
Synopsis of Previous Council action:
11/4/85 - The Mayor and Common Council authorized the relocation and
subsequent new lease with Stater Bros. Markets for the
police Community Service office to be located at 3633 E.
Highland Avenue, which was previously located at 2021 E.
Highland Avenue.
Recommended motion:
Adopt resolution.
/2 mo~
, ~~ature
FUNDING REQUIREMENTS:
Amount:
$48Q
Phone: SJ 1ii:2
Ward: 7
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Source: 001-218-<;3010
_ p.ne"
.B..1S~T
Contact person:
('.:::IIpt 1> R.nn.:::llnnn
Supporting data attached: v....
Finance: p...
c:- ,/LA-
Council Notes:
75-0262
Agenda Item NO~ t"
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDIRO AUTHORIIIRG THE
EXECUTION AND RATIFICATION OF A LEASE WITH STATER BROS. KARlETS,
RELATING TO THE PREMISES LOCATBD AT 3633 B. HIGHLAND AVENUE AND
PERMITTING THE CITY TO USE THE PREMISES FOR A POLICE COMMUNITY
SERVICE OFFICE OR FOR ANY OTHER LAWFUL PUBLIC PURPOSES.
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 for and on behalf of
said City a Lease, effective April 1, 1986, with Stater Bros.
Markets, relating to the premises located at 3633 E. Highland
Avenue and permitting the City to use the premises for a !olice
Community Service Office or for any other lawful public purposes,
a copy of which is attached hereto as Exhibit -1- and
incorporated herein by reference aa though fully ..t forth at
length.
I HEREBY CERTIFY that the foregoing resolution vas duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof, held on the
, 1986, by the following vote, to
day of
wit:
AYES:
Council Members
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NAYS:
ABSENT:
I I I I
City Clerk
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Tbe foregoing resolution is bereby approved tbis
, 1986.
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of
Approved as to form:
~ .~/} ~
/' ~,tJ P~l;'.hw-~
City ttorney
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day
Mayor of the City of San Bernardino
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LIAS!
(police Coaaunity Service Office)
THIS LEAS! is ..de and entered into this
day of
, 1986, by and between STATER BROS. MARlETS, a
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California corporation, hereinafter referred to as -Landlord,-
and the CITY OF SAN BERNARDINO, a municipal corporation,
bereinafter referred to aB -City.-
Tbe partieB agree aB follows:
1. RecitalB. TbiB agreement is made with reference to tbe
following factB and objectiveB:
a. Landlord iB tbe owner of tbe pre~i8es generally
deBcribed aB tbe sbopping center located on the .outheaBt corner
of Righland and Pal. Avenues in the City of San Bernardino, and
de.ire. to lea.e a portion of the pre.i.e. aore particularly
described as that property located at tbe east curb line of Palm
Avenue, 100 yardB south of Highland Avenue, in the City of San
Bernardino, County of San Bernardino, California, consiBting of
eigbt bundred (800) square feet, to City for consideration in tb
sum of forty dollarB ($40) per montb, to be used aB a site for
'tbe placement of a mobile unit to serve as a police Community
Service Office (bereinafter -Office-) by the Police Department 0
the City of San Bernardino or for any other lawful public
purposes.
b. City desires to lease the premises fro~ Landlord
pursuant to tbe provisions set forth herein. City has examined
the premises and is fully informed as to its conditions~
2. Property Leased. Landlord leases to City and City
leases froro Landlord the real property described above, together
with the appurtenant rights referred to herein.
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3. ApDurtenant Ri;btB. Tbe appurtenant rigbta referred to
1n tbi. lea.e are a. fol10WBl
a. City aball bave full and uniapaired acce.. to tbe
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premises At all times.
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b. Landlord gives to City and its autborized
representatives and invitees tbe nonexclusive rigbt to use commo
areas including parking areas.
4. Placement. It is understood by and between tbe parties
tbat tbe location of tbe mobile unit on tbe premises aball be in
accordance witb the diagram attacbed bereto as Exhibit A and
incorporated herein by reference.
S. ~. This lease sball commence April 1, 1986, and
Bball expire April 1, 1987. City aay cancel thiB 1eaBe ~nd
terainate occupancy aooner for any reaBon upon two weeta written
notice to Landlord. Landlord aay cancel tbis leaBe Booner for
any reason upon ninety (90) days' written notice to City.
6. ~. City shall pay the total sum of four bundred and
eighty dollars per year as rental for tbe term of tbis lease,
which shall be payable at the rate of forty dollars per month.
The rent shall be due and payable on tbe 3rd day of each aonth
during the term of tbe lease.
7. Dse of Premises. City shall use tbe 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 shal
have tbe right to install such fixtures as are necessary for the
proposed use of tbe premises, and such fixtures shall not become I
a part of the real property; provided, however, that installatio I
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of any fixture sball be subject to the prior approval of tbe
Landlord, wbicb approval .ball not be unreasonably witbbeld.
City aay also aake sucb repairs and improvements as are required
to fit tb~ premises for the proposed use. City shall maintain
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all portions of the premises in good condition and shall be
liable for any damage above ordinary wear and tear to the
premises resulting from the act or omissions of tbe City or its
autborized representatives, but not from other persons. City
agrees tbat it shall restore the premises to its original
condition at the termination of this lease.
9. Utilities. City shall make all arrangements and pay for
all utility services furnisbed to it or used by it including,
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witbout limitation, gas, electricity, water, telepbone ..rvice
and trasb collection and for all connection cbarges.
10. Bold Barmless. City sball bold Landlord barmless from
all damages arising out of any injury to any person or property
occurring in, on or about tbe premises, except tbe Landlord shall
be liable to City for damage resulting from tbe acts or omissions
of Landlord or its autborized representatives, and Landlord shall
hold City harmless from all damages arising out of any such
damage. City sball meet all zoning and building code
requirements for the placement and use of the mobile unit on tbe
premises, and shall bold Landlord barmless from any failure on
the City's part to meet tbose requirements.
11. Si~ns. 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
28. the prior approval of the Landlord, which approval shall not be
29 unreasonably withheld.
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12. Amend.ent. This l.as. ..y be ...nded or aodifi.d only
by writt.n agreeaent .igned by botb partie. .nd failure on tb.
part of either party to enforce .ny provision of tbi. 1.... .b.ll
not be construed as a waiver of the right to comp.l enforcement
of such provision, nor act to release any surety from its
obligations under this lease.
13. Notices. All notices herein required shall be in
writing and delivered in person or sent by certified mail,
postage prepaid, return receipt requested, addressed as follows:
LANDLORD
CITY
Chief of Police
300 North -D- Street
San Bernardino, CA g2418
Stater Bros. Market
C/O David Moore, Property Mgr.
P.O. BOll 150
Colton, CA g2324
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IN WITNESS WHEREOF, tbe parties bereto bave subscribed their
names the day and year first hereinabove written.
CITY OF SAN BERNARDINO
ATTEST:
By
City Clerk
Mayor
STATER BROS.
By
Title
Approved as to form:
/7 ,/} C'
/'-.i!14V f.'" .~.(
City Attorney
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