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CITY OF SAN BERNARDINO -
FieNO. 15.06-127 e
REQUEST FOR COUNCIL ACTION
From:ROGER G. HARDGRAVE. Oire<ftW.D.-....OMIHsJYjk:
Public Works/Engineering I~RS API' 10 ^., 3'''2
Dept: ...... , j ,'j ....1
Proposed Lease with Meadowbrook
Tower Apartments and the Senior
Citizen Nutrition Center for the
Purpose of Helping Senior
Citizens
Date: April 7. 1986
Synopsis of Previous Council action:
None
Recommended motion:
Adopt Resolution.
cc: John Matzer Jr.. City Administrator
Warren Knudson, Oi r. - Fi nance
A RJ~.~
, Signat
Contact person: Lou Little & Ted Carry (Human Services)
Phone:
5328 or 5364
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Supporting data attached:
Staff Report
Ward:
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FUNDING REQUIREMENTS:
Amount: $400/MO. 3 years Source: Senior Nutrition Grant
123-512-53010 (Human Services)
Finance:
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Cou ncil Notes:
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Agenda Item NOJ.
75-0262
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ctv OF SAN BERNAR&O - REQUAT FOR COUNCIL ACA,N
STAFF REPORT
This office has been requested to prepare a lease for the
Senior Citizen Nutrition Center located at 123 Mt. View Avenue.
Hr. Ted Carry, of the Human Services Department, and Lou
little, from the. Real Property Section of Public Works, have
worked closely in regard to the negotiation of this lease. The
term of the lease is for 3 years with a lease payment of
$400.00 per month. The payment will come from the Senior
Nutri ti on Grant.
lessee (City) will provide:
1. Maintain interior portion of the building.
2. Custodial Services.
3. Pay all uti 1 i ties.
lessor (Meadowbrook Tower Apartments) shall do necessary
repairs as set forth in lease and:
1. Pay all taxes.
2. Provide Fire Insurance.
3. Provide Liability Insurance in the amount of
$1,000,000.00.
4. Maintain roof.
5. Maintain air conditioning and heating facilities.
6. Replace hot water heater with a 50-gallon hot water
hea ter.
Note:
The average maintenance cost is $1200 to $1600.00 per year and
the average utility cost is $362.00 per month.
We recommend that the lease be executed.
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75-0264
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RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION AND RATIFICATION OF A LEASE WITH S K MANAGEMENT COMPANY
3 RELATING TO THE LEASE OF PREMISES LOCATED AT 123 NORTH MT. VIEW
AVENUE FOR A SENIOR CITIZEN NUTRITION SITE.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
5 SAN BERNARDINO AS FOLLOWS:
6 SECTION 1. The Mayor of the City of San Bernardino is hereby
7 authorized and directed to execute on behalf of said City a lease,
8 effective september 1, 1985, with S K Management Company relating
9 to the lease of premises located at 123 North Mt. View Avenue for
10 a Senior Citizen Nutrition Site, a copy of which is attached
11 hereto, marked Exhibit -A- and incorporated herein by reference as
12 though fully set forth at length.
13 I HEREBY CERTIFY that the foregoing resolution was duly
14 adopted by the Mayor and Common council of the City of San
15 Bernardino at a
meeting thereof, held on
16 the
day of
, 1986, by the following vote,
17 to wit:
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AYES:
Council Members
20 NAYS:
21 ABSENT:
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25 of
City Clerk
The foregoing resolution is hereby approved this
day
, 1986.
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Mayor of the City of San Bernardino
Appro?ed as t~~orm:
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/>~::C4.:d.j/ll..-t/;:u;.C/
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City Attorney
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THIS LEASE is made and entered into this
day of
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9 WHEREAS, Lessor owns a certain parcel of real property and
10 structures fronting on Mt. View Avenue in the City of San
11 Bernardino 7 and
12 WHEREAS, Lessee desires the use of said portion of real
13 property and structure for the purpose of a Senior Citizen
14 nutrition site.
15 NOW, THEREFORE, in consideration of the rental hereafter
16 reserved and agreed to be paid to Lessor by Lessee and the mutual
17 promises, obligations, agreements and covenants set forth. and the
18 faithful performance thereof, the parties mutually agree as
19 follows:
20 1. PROPERTY LEASED. Lessor hereby leases and lets to the
21 Lessee, and the Lessee hires and leases from the Lessor premises
22 located at 123 North Mt. View Avenue, San Bernardino, California.
23 2.~. The term of this lease shall be for a period of
24 three (3) years beginning September 1, 1985, and ending August
25 31, 1988.
26 3. RENTAL PAYMENTS. Lessee agrees to pay and Lessor agrees
27 to accept as rental for the said premises, during the term
28 hereof, a monthly rental of FOUR HUNDRED DOLLARS ($400.00) per
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month. The said rental payments shall, through the Director of
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Finance, be paid on or before the 10th day of each month and be
made payable to the Lessor at the address hereinafter set forth
throughou~ the term of this lease.
4. ~. The leased premises will be used for the operation
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of a Senior Citizen nutrition site.
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5. MAINTEN~. Lessee and Lessor are familiar with the
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leased premises and have knowledge of the physical conditions
that exist therein, and mutually agree to the current physical
condition of the leased premises, subject to Paragraph 8 hereof.
(al Lessee shall, at its own expense, maintain the interior
portion of the leased premises and all of Lessor's fixtures and
improvements therein in good order, condition, and repair.
(bl Lessee shall, at its own expense, provide custodial
services for the leased premises.
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(c) Lessor shall, at its own expense, maintain the roof and
exterior portion of all the exterior walls in good order,
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condition and repair, and provide for the maintenance and repair
of the common walls between the leased premises and the adjoining
units, subject to paragraph 5(al above.
(dl Lessor shall, at its own expense, maintain in working
order all air conditioning and heating facilities pertinent to
2~, the leased premises. Lessor agrees that, if such maintenance is
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24 not provided within five (5) working days after written
2~ notification by Lessee to Lessor, Lessee may procure and complete
26 same, and that such maintenance cost shall be a deduction from
27 the following month or months rental payment.
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6. UTILI~. Lessee shall pay for all utilities furnished
the premises during the term of this lease, including
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electricity, gas, water, rubbish removal and telephone service.
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7. ~TODIAL-SERVICES. Lessee shall, at its expense,
provide all custodial services for the leased premises.
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8. IMPROY~MENTS. The following improvements shall be made
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to the premises:
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LESSOR SHALL:
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(a) Replace broken cast iron drain pipe from roof at
10 northwest corner of building.
(b) Modify electrical conduit on floor behind serving
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12 center which represents a serious trip hazard. Conduit will be
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modified with flush-type fitting or serving counter shoulti be
relocated to cover outlet.
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(c) Install set-back (programable) thermostats for energy
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conservation.
(d) Repair holes in walls (building and health codes).
(e) Replace floor covering in kitchen (food preparation)
19 area with seamless type in accordance with health code.
Replace missing ceiling segments (building and health
20 (f)
21 codes).
221 (g)
2:J type.
24 (h)
Replace hot water heater with 50 gallon quick-recovery
Acquire and install electrical circuit for freezer
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(120V, 15 amp branch, prefer~) in the dining room adjacent to
the ladies room (west wall).
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(a) Relocate dishwasher to west wall in place of three-well
sink (coordinate with Lessor).
(b) Move icemaker from porch area to east wall in place of
4 dishwashe~ next to refrigerator.
f)
(c) Move freezer from present location in office to dining
room next to ladies restroom (coordinate). Utilize available
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space on east wall for additional stainless steel work table with
shelves.
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(d) Remove and dispose of existing four-well sink and
replace with three-well sink presently on west wall (coordinate
wi th Lessor).
It is mutually understood and agreed that any and all
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improvements made to the premises for the purpose of furthering
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the use thereof by Lessee shall remain the property of the Lessee
and all of the aforesaid improvements shall be removed at
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If. Lessee's expense upon termination of this lease. If any of the
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aforesaid improvements remain on the premises sixty (60) days
after the termination of this lease, the Lessee forfeits any
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rights to said improvements and Lessor shall have the right to
take possession of and appropriate to itself without payment
therefor, any property of Lessee or anyone claiming under him,
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then remaining on said premises.
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9. Ill!ILl'~hI;E ALTERATIQm;~I1r.rlQmL.QIU:HANGES REOUlIU;D
~I_LAW. If, during the tern: of this lease, any law, regulation,
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or rule requires that an alteration, addition, or other change be.
made to the premises other than those specific improvements to bel
made by the parties pursuant to this lease, the parties agree as
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follows:
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(a) If the alterations, additions, or changes are required
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as a result of Lessee's use of the premises, Lessee will make
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them and bear all expense connected therewith.
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(b) If the alterations, additions, or changes are re~uired
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as a result of the condition or nature of the premises at the
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time of execution of this lease, not caused by use of the
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premises by Lessee, and relate to a portion of the premises which.
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Lessor has agreed to maintain and repair, Lessor will make them
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and bear all expense connected therewith.
10. BUILDI~_RU1~S_AND REGULATIONS. Lessee agrees to
conform to and abide by reasonable building rules and regulations
established by Lessor. Lessee shall establish its own hours of
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operation; provided, however, that such hours of operation shall
occur solely during hours which Lessor's own office is open to
the general public for the conduct of its business.
11. I~. Lessor covenants during the term of this lease
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to pay, when due, all taxes and assessments that may be assessed
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or imposed upon the leased premises.
191 12. ~OR'S INSURANCE. Lessor shall, at its own expense:
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(a) Maintain adequate fire insurance for the leased
2] premises for the term of this lease.
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(b) Maintain premises liability insurance in the amount of
2~ 51,000,000 per occurrence.
2-1: 13. 1E.sSn;~~SJ.lRll1':O. Lessee, as a governil1ental entity,
2~1 is legally uninsured (self-insurance) and is in the process of
2G1 obtaining new excess general liability insurance on or about
2i April 1, 1986. Lessee agrees to provide Lessor with its new
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certificate of insurance and agrees to maintain excess insurance
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and its self-insurance as aforesaid in force and effect during
the entire term of this lease and any extensions thereof.
14. TERMINATION. Either party shall have the right to
terminate .this lease without further liability upon the service
cf thirty (30) days advance written notice of such termination to
t~e other party. Upon termination of this lease, Lessee shall
surrender the property occupied by this lease in as good
condition as same was at the time of Lessee's entry thereof,
sUbject to the conditions hereinabove set forth.
15. EMINENT DOMAIN. In the event that all of the demised
premises are taken or condemned for any public or quasi-public
use, this lease shall terminate as of the date of said taking.
The award for such taking of said premises shall belong ~o
Lessor. Lessee shall, however, be permitted to make claim to the
condemning authorities for the value of any improvements erected
by it on the premises and for the value of any fixtures installed
by it therein.
16. AMENDMENT. This lease may be amended or modified only
by written agreement signed by both parties hereto.
17. ASSIGNMENT. Lessee shall not assign this lease or
sublet the said premises or any part thereof without obtaining
the prior written consent of the Lessor.
18. LEASE APPLICABLE TO SUCCESSOR. ETC. This lease and the
terms, covenants, and conditions hereof apply to and are binding
on the heirs, successors, executors, administrators, and assigns
of the parties hereto.
19. VALIDITY. If anyone or more of the terms, provisions,
promises, covenants, or conditions of this lease shall to any
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extent be adjudged invalid, unenforceable, void or voidable for
any reason whatsoever by a court of competent jurisdiction, each
and all of the remaining terms, provisions, promises, covenant,
and conditions of this lease shall not be affected thereby and
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shall be valid and enforceable to the fullest extent permitted by
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law.
20. HQ1D-HARMLESS. Lessee shall hold Lessor harmless from
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any liability for damage or claims for damage for personal
injury, including death, as well as from claims for property
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damage which may arise from Lessee's operations under this lease,
whether such operations be by Lessee or by anyone or more
persons directly or indirectly employed by or acting as agent for
Lessee. Lessee shall defend Lessor from any suits or actions at
14 law or in equity for damages caused, or alleged to have been
15 caused, by reason of any of the aforesaid operations.
1G Lessor shall hold Lessee harmless from any liability for
17 damage or claims for damage for personal injury, including death,
18 as well as from claims for property damage which may arise from
19 Lessor's duties or operations hereunder or its failure to make
20 all improvements promised pursuant to this lease. Lessor shall
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defend Lessee from any suits or actions at law or in equity for
damages caused, or alleged to have been cause, by reason of or
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arising out of such duties, operations or failure.
21. NQYJ~~S. All notices herein required shall be in
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writing and delivered in person or sent by certified mail,
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postage prepaid, addressed as follows:
/ / / /
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LESSEE
LESSOR
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City of San Bernardino
300 North -D- Street
San Bernardino, CA 92418
Attn: Real Property Section
Public Works Department
S K Management Company
6330 San Vicente Blvd. Ste. 30
Los Angeles, CA 90043
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22. R&CQRDATlQN. Lessee will have this lease recorded in
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the office of the County Recorder, San Bernardino County, State
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of California, together with the appropriate Resolution of the
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governing body of Lessee.
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23. IlM~Qf ESSENCE. Time is of the essence herein.
IN WITNESS WHEREOF, the parties hereto have caused this
lease to be executed and attested by their proper officers
thereunto duly authorized, and their official seals to be
affixed, as of the day and year first above written.
LESSEE
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CITY OF SAN BERNARDINO
ATTEST:
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By
Mayor
City Clerk
LESSOR
S K MANAGEMENT COMPANY
BL~J: " ./lJ1'
Agent for M adowbrook Park & Tower Apts.
Title: Executive Director
Approved as to form:
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27 City Atforney
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