HomeMy WebLinkAbout24-Police Department
c~ ~F SAN BERN~DINO -
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REQUEST FOR COUNCIL ACTION
From:
Donald J. Burnett,
Chief of Police
Police Department
REC'D.-hOMllt !ig~lIct:
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Lease Authorization for the
Area "0" Community Service Office
at 911 Kendall Drive
Dept:
Data:
April 6, 1989
Synopsis 01 Previous Council action:
None.
ADOPT RESOLUTION
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Slgnaturt
Contlct plrson: Lawrence E. Neigel, Lieutenant
Phone: (714) 384-5772
Supporting dltl Ittlched: ye s
FUNDING REQUIREMENTS: Amount: $ 8,635.00
Source: (ACCT. NO.)
(ACCT. DESCRIPTION)
Wlrd: Fifth Ward
001-216-55066$7,687.00
001-217-53010 948.00
FY 88-89: $2.00 rent
FY 89-90: $2.00 rent
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Council Note.:
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'CIT-~ OF SAN BERNA'iDINO - R.QUEST F~ COUNCIL ACTION
STAFF REPORT
The current Community Service Office for Area "0" is located at 4222 N. Sierra
Way and shares the office space with Area "F". This location fails to meet the
established criteria. Its location has no optimal visibility, the parking is
inadequate and it is not accessible to foot traffic from the major portion of
Area> "0", since the office is located to the extreme east of the area.
The location is inconvenient to most of the residents who reside in the central
portion of the area command, The area which will have the>greatest growth
in density in the future is the area of the state university and the Verdemont
area.
The site selection of the community service office is the Shandin Hills Shopping
Center. Stater Bros Market is the key business located in the center with other
businesses to locate there in the future. The office will be located to the east
end of the center on a building pad. There is no contemplated building on that
pad for the next several years while other growth is expected. Other vacant
building pads will have to be completed before this one can be utilized.
The trailer has been previously used by Block Bros. Indllstries as >an office
for the construction superintendent. Block Bros. Industries has indicated that
they have no use for the trailer for the next couple of years. While we have been
negotiating the> lease agreement, the building has been stored on the Shandin
Hills lot behind the market. During this period the building has suffered from
vanda 1 ism.> li ghti ng fi xtures have been removed or damaged, P 1 umbi ng fi xtures
have been damaged and need replacing. All of the windows have been broken and
are in need of replacement.
The interior is in need of painting and a couple of walls need to be installed
in order to assure security of certain equipment and privacy for personnel and
>other meetings of a confidential nature.
The movement to the selected location and the "setting" costs will be offset
by Block Bros. Industries.
The cost for each agreement to the City of San Bernardino is $1 per
year, effective 4/17/89.
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CITY'OP SAN .BRNMDINO" REQUEST ~ COUNCIL ACTION
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STAFF REPORT
The projected costs of relocation are reasonable considering that the land and
the building is virtually a donation to the City of San Bernardino. The only
other cost related to the operations of the office. will be the cost associated
with the utilities.
PROJECTED RELOCATION COSTS
Item:
Cost:
2.
Business signs on the front of the building
and at the intersection of Kendall and Shandin
Hills Circle.
Installation of phones and computer lines. All
new installation.
$ 500.00
1.
. $ 1,803.00
3.
4.
Installation of security alarm system.
Installation and repair of plumbing fixtures,
electrical fixtures and wiring, carpentry and
painting:
Replacement of window glass.
Installation of fixures including toilet. sinks,
water heater. kitchenette sink and cabinets.
Pipe connections for water supply and drains.
Repair of electrical Wiring and light fixtures.
Replacement of thermostats.
Installation of walls, door. window.
Painting interior and exterior.
$ 250.00
$ 6,082.00
J.
Total: ~
eel'):79 .
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Estimates provided by Public Buildings Division and the Telecommunications
Division. .
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RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNAR~INO AUTHORIZING THE
RELOCATION OF THE AREA "D" POLICE COMMUNITY SERVICE OFFICE AND
3 THE EXECUTION OF THE AGREEMENTS WITH STATER BROS. MARKETS, INC.
AND BLOCK BROS. INDUSTRIES (USA) INC. FOR THE LEASE OF GROUND
4 SPACE AND THE TRAILER FOR THIS OFFICE.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1.
The Area "D" Community Service Office be
relocated from its present location at 4222 N. Sierra Way to the
Shandin Hills Shopping Center at 911 Kendall Drive.
SECTION 2.
The Mayor of the City of San Bernardino is
hereby authorized and directed to execute on behalf of said City
an agreement with STATER BROS. MARKETS, INC. to lease ground
space for the Area "D" Police Community Service Office, a copy of
which is attached hereto marked Exhibit "A" and incorporated
herein by reference as though fully set forth at length.
SECTION 3.
The Mayor of the City of San Bernardino is
hereby authorized and directed to execute on behalf of said City
an agreement with BLOCK BROS. INDUSTRIES (USA) INC. to lease a
double-wide trailer for the Area "D" Police Community Service
Office, a copy of which is attached hereto marked Exhibit "B" and
incorporated herein by reference as though fully set forth at
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length.
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SECTION 4.
The authorizations to execute the above-
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referenced agreements are rescinded if the parties to the
agreements fail to execute them within ninety (90) days of the
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passage of this resolution.
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I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
HE/dys
April 6, 1989
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Bernardino at a
meeting thereof, held on the
day of
, 1989, by the following vote, to
wit:
AYES:
NAYS:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this
day of
, 1989.
Evlyn Wilcox, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
By:{hg :;.~
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HE/dys
April 6, 1989
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LICENSE AGREEMENT
(Police COmmunity Service Office)
This LICENSE AGRBBMBNT is made and entered into this
day of , 1989, by and between STATER BROS. MARKETS,
INC., a California corporation, hereinafter referred to as "S8M",
and the CITY OF SAN BERNARDINO, a municipal corporation,
hereinafter referred to as "CITY".
The parties agree as follows:
1. RECITALS:
This Agreement is made with reference to the following
facts and objectives:
a. SBM is the owner of the shopping center
generally described as the shopping center located on
the southeast corner of Kendall Drive and Shandin
Hills Drive in the City of San Bernardino and desires
to allow the occupation of a portion of the premises
more particularly described as that property located
adjacent to the shopping center sidewalk 200 feet
west of "J" Street, in the City of San Bernardino,
County of San Bernardino, California, consisting of
approximately Two Thousand (2,000) square feet, by
the CITY for good and valuable consideration, rece~pt
of which is hereby acknowledged, to be used as a site
for the placement of a mobile unit to serve as a
Police Community Service Office (hereinafter
"OFFICE") by the Police Department of the City of San
Bernardino.
b. CITY desires to occupy the premises from S8M
pursuant to the provisions set forth herein. CITY
has examined the premises and is fully informed as to
its conditions.
2. PROPERTY LICENSED:
SBM grants to the CITY the right to occupy the real
property described above and marked as lithe Premises" on Exhibit
"A" attached hereto and made a part hereof, together with the
appurtenant rights referred to herein.
3. ~'APPURTBNANT RIGHTS:
The appurtenant rights referred to in this Agreement are as
follows:
a. CITY shall have full and unimpaired access
to the premises at all times.
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April 5, 1989
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b. SBM gives to CITY and its authorized
representatives and invitees the non-exclusive right
to use common areas including parking areas.
c. SBM shall not allow blockage of traffic
pattern as ~equired for access in and out of CITY'S
premises, except for repairs or regular maintenance.
4. PLACEMEN'l':
It is understood by and between the parties that the
location of the mobile unit on the premises shall be in
accordance with the diagram attached hereto as Exhibit "An and
incorporated herein by reference. S8M hereby grants to CITY or
such person or entity as CITY designates, unimpaired access to
the premises for the purpose of delivering tQe mobile unit to the
premises. If CITY designates a third party to deliver the mobile
unit to the premises, S8M acknowledges and agrees that:
(i) such third party shall incur no
liability for the improper placement of the
mobile unit, and
(ii) SBM shall look only to CITY for
damages resulting from the improper
placement of the mobile unit.
5. TERM:
This License Agreement shall commence upon execution of the
agreement by the two parties and shall expire one-year from the
date of its commencement. S8M grants CITY an option to renew
this agreement for one additional one-year term. CITY may cancel
this Agreement and terminate occupancy sooner for any reason upon
two (2) weeks notice to S8M. 88M may cancel this Agreement at
any time after the first one-year term for any .reason upon
ninety (90) days written notice to CITY. Any holdover by CITY
beyond the original term and option period shall be month to
month.
6. RENT:
CITY shall pay the sum total of ONE ($L 00) DOLLAR per year
as rental for the Term of this Agreement, which shall be payable
at the beginning of the Term.
7. USE OF PREMISES:
CITY shall use the premises for a Police COmmunity Service
Office for the Police Department of the City of San Bernardino
and any other lawful public purpose with the prior written
approval of SBM. Such approval shall not be unreasonably
withheld.
HE/dys
April 5, 1989
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8. FIXTURES, ALTBRATIONS AND DUTY TO MAINTAIN:
CITY shall have the right to install such fixtures as are
necessary for the proposed use of the premises, and such fixtures
shall not become a part of the real property; provided, however,
that installation of any fixture shall be subject to the prior
approval of S8M, which approval shall not be unreasonably
wi thheld. CITY may also make such repairs and improvements as
are required to fit the premises for the proposed use. CITY
shall maintain 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 the CITY or
its authorized representatives, but not from other persons. CITY
agrees that it shall restore the premises to its original
condition at the termination of this Agreement; including removal
of mobile unit.
9. INTBRBST IN THE M08:ILB UNIT:
S8M acknowledges and agrees that it shall have no right,
title or interest in the mobile unit at any time.
10. UTILITIBS:
CITY shall make arrangements and pay for all utility
services furnished to it or used by it including, without
limitation, gas, electricity, water, telephone service and trash
collection and for all connection charges.
11. HOLD HARMLBSS:
CITY shall hold S8M harmless from all damages arising out
of any injury to any person or property occurri'ng in, on, or
about the premises, except S8M shall be liable to CITY for damage
resulting from the acts or omissions of S8M, or its authorized
representatives, and S8M shall hold CITY harmless from all
damages arising out of any such damage. CITY shall meet all
zoning and building code requirements for the placement and use
of the mobile unit on the premises, and shall hold S8M harmless
from any failure on the CITY'S part to meet those requirements.
12. SIGNS:
CITY may erect or display, on the licensed premises, any
sign or advertising matter depicting the public use of the
premises; provided, however, that all signs are subject to the
prior approval of S8M, which approval shall not be unreasonably
withheld.
13. AMENDMENT:
This Agreement 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 Agreement shall not
HE/dys
April 5, 1989
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be construed as a waiver of the right to compel enforcement of
such provisions, nor act to release any surety from its
obligations under this Agreement.
14. 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
Stater Bros. Markets, Inc.
c/o Property Manager
P. O. Box 150
Colton, CA 92324-0065
15. ATTORNEY'S FEES:
CITY
San Bernardino Police Department
Attn: Chief of Police
466 W. 4th Street
San Bernardino, CA 92418
If either party to this Agreement brings any action or
files any proceeding against the other party arising out of this
Agreement or for the declaration or interpretation of any rights
hereunder, the prevailing party therein shall be entitled to
recover from the other party all costs and expenses, including
reasonable attorney's fees incurred by the prevailing party as
determined by the court.
IN WITNESS WHEREOF, the parties hereto have subscribed
their names, the day and year first hereinabove written.
ATTEST:
By:
City Clerk
Approved as to form
and legal content:
JAMBS F. PENMAN,
City Attorney
HE/dys
April 5, 1989
CITY OF SAN BERNARDINO:
By:
Evlyn Wilcox, Mayor
STATER BROS. MARKETS, INC.
By:
Walter F. Ford;
Vice President of Real Estate
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LEASE
This LEASE, made this day of , 1989,
DY and Detween Block Bros. Industries (USA) Inc., a Washington
corporation ("Lessor"), and the city of San Bernardino,
California, a Municipal corporation and a Charter City
("Lessee") :
H I I H ~ 2 2 ~ I H:
1. Lessor is the owner of a double-wide mODile
office trailer identified as follows:
Adspace - Vehicle Registration Nos. S3422 & 3423.
2. Lessor agrees to lease the aDove-descriDed office
trailer to Lessee for the Term of one year, commencing on the
day of , 1989, with an option to renew the
Lease for an additional one-year term, the Lessee paying
therefore to the Lessor the sum of One Dollar ($1.00) per year
as rental for the Term of this Agreement, which shall be payable
at the Deginning of the Term.
3. Lessee agrees to pay the said rent at the times
and in the manner provided: to pay all taxes which may De
imposed upon the said property while in the possession of
Lessee: to use the said property in a careful and prudent
manner: not to sublet, mortgage, or in any manner dispose of the
same to any person, or remove or attempt to remove the same, or
suffer the same to come into the custody or control of any
person other than Lessee, without the consent in writing of
Lessor: not to suffer any legal process to De levied upon the
same: to permit Lessor at all reasonable times to enter upon the
premises to inspect the said property after giving notice to
Lessee.
4. It is agreed that if default shall De made in any
of the convenants on the part of Lessee, that Lessor shall give
written notice of such default to Lessee. Lessee shall then
have thirty (30) days to cure such default. If Lessee has not
cured such default within the thirty (30) day period, Lessor
s~all have the right to enter the premises and cure said default
at the full expense of Lessee.
5. Lessee shall use the leased property for a police
Community Service Office for the police Department of the City
of San Bernardino and for no other use without the prior written
approval of Lessor. Such approval shall not De unreasonaDly
withheld. If Lessee uses the leased property for some use other
than a police Community Service Office for the police Department
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097/107 03-31-89
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of the city of San Bernardino, Lessor shall have the right, at
Lessor's discretion, to terminate the Lease upon fifteen (15)
days prior written notice to Lessee.
6. Lessee shall install fixtures to and improve the
leased property to the condition necessary for the proposed use
of the leased property. The improvements and fixtures shall
become a part of the leased property and Lessee shall return the
leased property to Lessor in the improved condition upon the
termination of this Lease. Installation of any fixture shall be
subject to Lessor's prior written approval, which approval shall
not be unreasonably withheld.
7. Lessee shall be responsible for obtaining all
applicable registrations and licenses for the leased property
during the Term of the Lease. Lessor shall pay all registration
and licensing penalties and fees, if any, for the leased
property arising prior to the Term of the Lease. Lessee
acknowledges and agrees that it is acquiring the leased property
in an "as is" condition with all faults. Lessee is relying
solely upon its own inspection, investigation and analysis of
the leased property and is not relying in any way upon any
representations; statements, agreements, warranties, or other
material furnished by lessor, whether oral or written, express
or implied, of any nature regarding the leased property.
8. Lessee shall maintain, repair, replace and keep
the leased property and all improvements, fixtures and other
personal property in good, safe and sanitary condition, order
and repair ("Maintenance and Repair"). Such Maintenance and
Repair shall include, but shall not be limited to (a) painting
and refinishing the interior of the leased property: (b)
replacing all broken or cracked glass windows and doors: (c)
maintaining and repairing all doors and door closing or locking
mechanisms: (d) repairing any damage resulting from the movement
of furniture, fixtures, merchandise or supplies by the Lessee:
(e) maintaining the heating, ventilation and air conditioning
systems within the leased property and any components thereof:
and (f) maintaining the lighting system within the leased
property, including replacement of electric light bulbs, tubes
. and ballasts. Lessee shall diligently pursue a program of
regular maintenance and repair of the leased property so as to
impede, to the extent possible, deterioration by ordinary wear
and tear. Lessee shall complete all Maintenance and Repair with
due diligence and in good and workmanlike fashion and in
compliance with all applicable permits, authorizations, laws,
ordinances, orders, rules and regulations of governmental
authorities having jurisdiction. Lessee shall pay the costs and
expenses of such Maintenance and Repair promptly when due.
Lessee shall accomplish the Maintenance and Repair free of liens
of mechanics and materialmen. Lessee shall reimburse Lessor for
the costs and expenses incurred by Lessor or any repair or
maintenance to the leased property required as a result of
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097/107 03-31-89
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Lessee's Maintenance and Repair or required as a result of a
failure of Lessee to perform such Maintenance and Repair, plus
twenty percent (20%) of such costs and expenses as an allowance
for Lessor's overhead expenses. Lessee acknowledqes that in no
event shall Lessor provide maintenance, repair, cleaninq or
other janitorial services to the leased property.
9. Lessee shall indemnify, defend and hold Lessor
harmless from and aqainst all liability, obliqations, claims,
damaqes, penalties, causes of action, costs and expenses,
includinq without limitation attorneys' fees, imposed upon,
incurred by or asserted aqainst Lessor by reason of (a) any
accident, injury to or death of any person or loss of or damaqe
to any property occurrinq on or about the leased property; (b)
any act or omission of Lessee, Lessee's permitted users or of
anyone claiminq by, throuqh or under Lessee; (c) any use which
may be made of or condition existinq upon, the leased property;
(d) any improvements, fixtures or equipment upon the leased
property; (e) any failure on the part of Lessee to perform or
comply with any of the provisions, covenants or aqreements of
Lessee contained in this Lease; (f) any violation of any law,
ordinance, order, rule or requlation of qovernmental authorities
havinq jur~sdiction over Lessee, Lessee's permitted users or by
anyone claiminq by, throuqh or under Lessee; and (q) any
maintenance or repairs or chanqes to the leased property by,
throuqh or under Lessee. Notwithstandinq the foreqoinq, Lessee
shall not be required to indemnify Lessor for anydamaqes
arisinq out of or resultinq from the neqliqent acts or willful
misconduct of Lessor and Lessor's aqents or employees includinq,
without limitation, damaqes arisinq out of or resultinq from the
neqliqent acts or willful misconduct of Lessor and Lessor's
aqents or employees in connection with the delivery or anchorinq
of the leased property or arisinq out of structural defects in
the leased property.
10. Upon the expiration of the term of this Lease,
Lessee, at its sole cost and expense, shall remove from the
leased property all of Lessee's personal property.
11. Lessor shall deliver and anchor the leased
property to the property located adjacent to the sidewalk of the
shoppinq center located on the southeast corner of Kendall Drive
and Shandin Hills Drive, two hundred feet (200') west of "J"
street in the city and county of San Bernardino, consistinq of
approximately two thousand (2,000) square feet (the "premises").
Lessee shall not remove the leased property from the Premises.
If Lessee removes the leased property from the Premises, Lessor
shall have the riqht to terminate the Lease upon fifteen (15)
days' prior written notice to Lessee.
12. Lessee shall obtain all permits and approvals and
pay all fees required in connection with the relocation of the
leased property to the Premises.
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13. This Agreement may be amended or modified only by
written agreement by both parties.
14. All notices herein required shall be in writing
and delivered in person or sent by certified mail, postage
prepaid, return receipt requested, and addressed as follows:
Lessor
Block Bros. Industries
(USA) Inc.
c/o Dorian Johnson
Marlborough Development
Corp.
2029 century Park East
Suite 1550
Los Angeles, CA 90067
Lessee
Chief of Police
city of San Bernardino
466 West 4th Street
San Bernardino, CA 92418
15. If either party to this Lease brings any action
or files any proceeding against the other party arising out of
this Lease or for the declaration or interpretation of any
rights hereunder, the prevailing party therein shall be entitled
to recover from the other party all costs and expenses,
including reasonable attorneys' fees incurred by the prevailing
party as determined by the court.
IN WITNESS WHEREOF, the parties hereto have executed
this Lease on the day and date first above shown.
ATTEST:
CITY OF SAN BERNARDINO
City Clerk
By:
Evlyn Wilcox, Mayor
BLOCK BROS. INDUSTRIES (USA)
INC., a Washington
corporation .
By:
Its:
Approved as to form
and legal content:
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