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A _
'CICr OF SAN BERNARDQO - REQUOT FOR COUNCIL AcQON
From: Ralph H. Prince
Subject: Lease wi th RDA for Space in
City Hall
Dept: City Attorney
Date: August 29, 1986
Synopsis of Previous Council action:
7/7/86
Council approved that, based on the full service market
rate, the Redevelopment Agency's rental fee for space
in City Hall, be increased to SI.25 a square foot per month,
effective as soon as possible.
Recommen-:led motion:
Adopt resolution.
,,,,.-'
Signature
Contact person:
Cynthia Grace
Phone:
5056
Supporting data attached:
Yes
Ward:
First
FUNDING REQUIREMENTS:
Amount:
Source:
Finance:
Council Notes:
Agenda Item No,~7
15.0262
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RRSOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
";X~;CIITION OF A LEASE WITH THE REDEVELOPMENT AGENCY OF THE CITY OF
3 SAN IH~RNARI1INO RELATING TO THE LEASE 01" SPACR IN CITY HALL.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COIINCIL 01" THE CITY 01"
5 SAN BERNARI1INO 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 with the Redevelopment Agency of the City of San Bernardino
9 relating to the lease of space in City Hall, a copy of which is
10 attached hereto, marked Exhibit "A" and incorporated herein by
1] reference as fully as though set forth at length.
]2 I HEREBY CERTIpy that the foregoing resolution was duly
13 adopted by the Mayor and Common Council of the City of San
]4 Bernardino at a
meeting thereof, held on
15 the
16 to wit:
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28
City -Attorney
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23
24 of
day of
, 1986, by the following vote,
AYES:
Council Members
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NAYS:
ABSENT:
---.--- C it yCler"k ----- ----
The foregoing resolution is hereby approved this ____ day
, 1986.
Mayor of the Ci.ty of San Rernardino-
Approved as to form:
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1 L~A~~
2 (City Hall Offices of the Redevelopment Agency)
3 THIS LEASE is made and entered into this day of
4 , 1986, by an between the CITY OF SAN BERNARDINO,
5 a municipal corporation, hereinafter called "Lessor", and the
6 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, hereinafter
7 called "Lessee".
8
9 ~II~E~~ETH:
10 WHEREAS, Lessor is the builder and owner of the City Hall
11 building located at 300 North "D" Street, San Bernardino,
12 California; and
13 WHEREAS, Lessee desires to lease space in said City Hall
14 building from Lessor for use as office space.
15 NOW, THEREFORE, the parties hereto, in consideration of the
16 terms, covenants and conditions herein contained, agree as
17 follows:
18 1. Leased Property. Lessor hereby leases to lessee
19 approximately 3,220 square feet of office space located on the
20 third floor of City Hall, situated in real property generally
21 described as the City Hall, located at 300 North "D" Street, San
22 Bernardino, California, and more particularly shown and described
23 in Exhibit "A" attached hereto, upon the terms and conditions
24 hereinafter set forth.
25 2. Term. The term of this lease shall be from July 1, 1986
26 through June 30, 1991. This lease shall be renewed thereafter by
27 the parties for one additional 5-year term unless the lessee
28 gives written notice on non-renewal to lessor at least 6 months
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1 prior to the end of said term. Said renewal shall be at the rate
2 of $48,300.00 per year, calculated at the rate of $1.25/square
3 foot for 3,220 square feet; provided, that lessee shall pay any
4 mutually approved costs for structural alterations, remodeling,
5 repair, maintenance, and other expenses, as necessary and
6 relating to the continued occupancy of the leased space.
7 3. Base Rental, Annual Payment. Lessee agrees to pay to
8 Lessor the rental payments due hereunder in an annual lump sum
9 lease payment made on or before July 1st of each fiscal year,
10 with the first annual lump sum payment commencing on July 1,
11 1986, or at a date thereafter to which the parties agree. Annual
12 rental shall be at the rate of $48,300.00 per year, payable in
13 advance. If Agency occupies additional space, such additional
14 space shall be chargeable at the rate of $1.25 per square foot
15 per month, or $15 per square foot per year.
16 4. Purposes. Lessee agrees to use said building for normal
17 office and administrative purposes and to keep the interior areas
18 of said building in good condition, normal wear and tear
19 excepted.
20 5. Structural Maintenance. Lessor agrees to repair and
21 maintain the exterior and structural portions, including the roof
22 of said building, in water-tight and weatherproof condition, and
23 to repair and be responsible for any interior damage to the
24 building resulting from exterior and structural defects in said
25 building. Lessee agrees to maintain and repair interior areas of
26 the leased premises.
27 6. Access to Premises. The Lessor shall have access to said
28 leased premises at any and all reasonable times to inspect the
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1 same or to otherwise determine compliance with the lease by
2 Lessee.
3 7. Subletting. The rights of the Lessee hereunder may not
4 be assigned or sublet'to any other person, firm or corporation
5 without the written consent of the Lessor first had and obtained,
6 provided that consent is not unreasonably withheld.
7 8. Liens. Lessee agrees to keep the leased premises free
8 and clear of mechanic's liens that might arise out of Lessee
9 making any repairs or improvements on said premises.
10 9. Utilities, Services and Parking. Lessor shall provide to
11 Lessee, without cost, the same utilities and building services
12 furnished by it to other City departments occupying the building,
13 with the exception of telephone or other communication services.
14 Lessee shall have the right to use parking areas made available
15 for general City purposes, except for any parking spaces or areas
16 designated by Lessor as not available for general City purposes.
17 The parking spaces made available to Lessee shall be of
18 sufficient number to provide adequate parking for the operation
19 and administration of Lessee's office and business operation.
20 10. Surrender of Premises. Should Lessor need the space
21 hereby leased to Lessee for City operations and request that
22 Lessee surrender the premises, or any portion of the demised
23 premises, during the term of this lease, or any of its
24 extensions, then and in that event upon Lessee's surrender,
25 Lessor shall promptly refund all monies expended on rental as yet
26 unused. Lessor agrees to pay the total costs of relocation
27 necessitated thereby. Substituted premises will be selected by
28 Lessee at its sole discretion.
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1 11. Insurance. Lessee agrees to purchase and maintain
2 during the term hereof public liability insurance to protect
3 against any liability to the public incident to the use of or
4 resulting from any accident occurring in or about said premises,
5 as occupied by Lessee, if required by Lessor and provided by
6 Lessee. Lessee shall furnish Lessor with certificates of
7 insurance as evidence of Lessee's compliance with the foregoing
8 provisions, if so required.
9 12. Termination. Either party may terminate this lease by
10 giving written notice of termination to the other party at
11 least six (6) months prior to its termination date on June 30,
12 1991.
13 13. Fixtures. All improvements and fixtures which may be
14 placed on the property by Lessee shall be removed by Lessee
15 within ten (10) days after the termination of this lease, as
16 provided elsewhere herein. If not removed within said ten days,
17 Lessor may, after notice to Lessee, remove and store said
18 improvements at Lessee's expense, any such property not claimed
19 by Lessee within thirty days after notice shall be deemed
20 abandoned, and shall become the property of Lessor. Lessee shall
21 leave the leased premises in the same condition as existed on the
22 date of its occupancy, normal wear and tear excepted.
23 14. Building Rules and Regulations. Lessee agrees to
24 conform to and abide by any and all puilding rules and
25 regulations uniformly applicable tq t~nants of City Hall such as
26 shall be established by Lessor upon occupancy of the City Hall by
27 Lessee, or as such rules and regulations shall be adopted on,
28 amended, or revised during the term of this lease by Lessor.
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15. Notices. All notices to be given by either party to the
other shall be given in writing, delivered either personally or
3
by first class United States ma(l, to the addresses for the
4 parties as follows:
5 LESSOR: City Clerk
City Hall, 300 North "D" Street
6 San Bernardino, California 92418
7
LESSEE: Executive Director, Redevelopment Agency
8 City Hall, 300 North "D" Street
San Bernardino, California 92418
9
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IN WITNESS WHEREOF, the parties hereto have executed this
lease on the date first hereinabove written.
13
ATTEST:
14
15
16 City Clerk
17
18
CITY OF SAN BERNARDINO
Mayor
REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
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By
By
Approved as to form:
23 //f/.. /. 1',v' I,./f, #I_A"
24 (/';"~I'-" ,';-IA,rfL~
City Attorney_
25 . ..') ..' 7
26 ~{fi::,6i~'Yv
27 Agency Counsel .J.
28
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