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CIYY OF SAN BERNARDIRO - REQU~To 'Fo;i6cOUNCIL ACTION
From:
ROGER G. HARDGRAVE Sub"
ron'D. - AD ~n~:. DfF:'ICt:
Public Works/Engineering .
1986 DEe I I PM I: I; 2
Renewal of Lease with Agape House
Located at 607 East Highland
Avenue
Dept:
Date:
December 3, 1986
Synopsis of Previous Council action:
07/06/81 -- Mayor and Common Council leased Ci ty-owned structures to
the Agape House, by Resol uti on No. 81-223, for a five-year
period beginning July 1, 1981, and ending June 30, 1986.
Recommended motion:
Adopt Resolution.
cc: Ray Schweitzer, Acting City Administrator
Contact person: Lou L it t 1 e
FUNDING REQUIREMENTS:
Amount:
N/A
Sou rce:
5328
6' "
N/A
Phone:
Supporting data attached:
Staff Reoort
Ward:
Finance:
Council Notes:
1
75-0262
Agenda Item NO.~O '
CI+--r OF SAN BERNARDI~ - REQU~ FOR COUNCIL ACI10N
STAFF REPORT
There are presently improvements on City-owned land located at
607 East Highland Avenue now as the Agape House which has been
used for drug awareness prQgrams.
There are programs that are being coordinated with the Park and
Recreation Department for their purpose being:
1. Out-patient conseling,
2. Providing educational programs designed to prevent
drug abuse, and
3. Providing consultation, education and information for
the community awareness of the problems of drug abuse.
The lease payment has been made for the next 5 years, and the
fire insurance is also current.
We recommend that the Resolution be adopted.
12-3-86
75-0264
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1
RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A LEASE WITH AGAPE HOUSE COUNSELING CENTER, INC.,
3 EFFECTIVE JULY 1, 1986, FOR CERTAIN STRUCTURES LOCATED AT 607
EAST HIGHLAND AVENUE.
4
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 with Agape House Counseling Center, Inc. for certain structures
9 locatec at 607 East Highland Avenue, for a five-year period
10 beginning July 1, 1986 and ending June 30, 1991, a copy of which
11 is attached hereto, marked Exhibit wAw and incorporated herein by
12 reference as fully as though 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:
18
19
20
Council Members
AYES:
NAYS:
21 ABSENT:
22
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24
City Clerk
The foregoing resolution is hereby approved this
day ,
25 of
26
, 1986.
27 Approved as to form:
28 c~~;:e~~
Mayor of the City of San Bernardino
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LEASE
(Agape House)
THIS LEASE is entered into this day of
, 1986, by and between the CITY OF SAN
BERNAR OINO, a muni ci pa 1 corpora ti on, referred to as "Lessor",
and AGAPE HOUSE COUNSEL ING CENTER, INC., a Ca 1 i fornfa non-
profit corporation, referred to as "Lessee".
The parties agree as follows:
1. R e c i ta 15 .
(a) Lessor owns a certain parcel of real property
and structures generally located South of Highand Avenue, West
of Valencia Avenue.
(b) Lessor does not now need nor does it con-
template the need or use of a portion of said property and
structures.
!
(c) Lessee desires the use of a portion of said
property and structures 1 oca ted thereon, herei na fter referred
to as "premises".
2. Property leased. Lessor hereby leases and lets to
Lessee, and lessee hires and leases from Lessor that certain
structure commonly known as 607 East Highland Avenue and the
garage to the rear, located upon the parcel of real property
more particularly described as follows:
The North 236 feet of the East 140 feet of the
West 308 feet of lot 5, Block 40 Rancho San Bernardino, as per
plat thereof recorded in Book 7 of Maps, page 2, records of the
County Recorder, San Bernardino County, State of Californfa.
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,~^."_. ..-.,....._...._____._.w,.......
TOGETHER WITH non-excl usive ingress and egress to
said building, garage, and present existing parking area by
means of an existing driveway located West of the above
described land and running from the Southwest corner thereof,
West to Crestview Avenue.
3. Use. The premises shall be used for:
(a) Outpatientcoun.selin:! services to community
residents having problems with substance abuse and general
mental health.
(bl Providing a preventative and education pro-
gram designed to prevent drug abuse through the enhancement of
self-esteem and life coping skills.
(cl Providing a consultation, education and
information program designed to increase the community's
awareness of the problems of drug abuse and their solutions and
a referral base for medical, social, school and counseling
needs.
Lessee shalT not commit, or allow to be committed, any
waste or nuisance on the premises, nor shall it use or allow
the premises to be used for an unlawful purpose.
4. Term. The term of this lease shall be for a
period of five years, beginning July 1, 1986, and ending June
30, 1991.
5. Payments. Lessee agrees to pay and lessor agrees
to accept as rental for the premises, for the complete term
hereof, a total payment of $5.00, payable upon execution of
this lease.
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6.
Utilities.
Lessee shall pay for all electricity,
gas, water, telephone service, and all other services and
utilities including service installation fees and charges which
may be provided to the premises during the term of this lease.
If Lessee
desires additional utilities or utility services to
the premises, Lessee must first obtain written permission from
Lessor.
7. Taxes.
Les see covenants duri ng the term of thi s
lease to pay, when due, all taxes and assessments that may be
assessed or imposed upon the Lessee's possessory interest in
and to the premises and upon personal property located on the
premises.
During Lessee's possession and use of the premises,
should any taxes or assessments thereon be assessed against
Lessor, Lessee agrees to indemnify Lessor.
8.
..Q;!nershi p.
Lessee hereby acknowledges and
accepts the ti tle and paramount ownership and interest of
Lessor to the premises, and Lessee agrees not to claim,
challenge or contest the title, ownership and entire interest
of Lessor.
9. Termination. This Lease shall be terminable at
the option of either party upon the service of six months
advance written notice of such termination to the other party.
Upon revocation, surrender, or other termination of this lease,
Lessee shall quietly and peacefully surrender the premises in as
good condi tion as same was at the time of Lessee's entry
thereon.
10.
Insurance.
Lessee agrees to procure and maintain
in force during the term of this lease and any extension
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thereof, at its expense, a pOlicy or policies of insurance
against loss or damage to the premises and appurtenances and
permanent equipment, resulting from fire, in a minimum amount
of $70,000.00, and from lightning, vandalism, malicious
mischief, and such perils ordinarily defined as "extended
coverage", in a mi ni mum amount of $70,000.00. Lessee agrees
to procure and maintain in force during the term of this lease
and any extension thereof, at its expense, public liability
insurance in companies having a rating by Best's Insurance
Guide of "A" (General Policyholder) and "AA" (Financial)
ratings or better, adequate to protect against liability for
damage claims through public use of or arising out of accidents
occurring in or around the leased premises, in a minimum amount
of $100,000.00 for each person injured, $300,000.00 for anyone
accident, $25,000.00 for property damage. Such insurance
pOlicies shall provide coverage for Lessor's contingent
liability on such claims or losses. The policies or
certificates of insurance shall be delivered to Lessor,
Attention: Real Property Section. Lessee agrees to obtain a
written obligation from the insurers to notify Lessor,
Attention: Real Property Section, in wri ting at least 30 days
prior to cancellation or refusal to renew any such policies.
Lessee agrees that, if such insurance policies are not kept in
force during the term of this lease and any extension thereof,
Lessor may procure the necessary insurance, pay the premium
therefor, and that such premium shall be repaid to the Lessor
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--
.
as an addftional rent installment for the month fOllowing the
date on which such premium is paid.
l1. Maintenance and Operation. The Lessee is fam-
i 1 iar wi th the premi ses and has knowledge of the present
condf tions that exi st thereon. Lessee shall, at its own
expense, maintain the leased premises and all improvements
thereon in good order, condition, and repair. Lessee shall
provide or cause to be provfded all securfty servfce, custodfal
servfce,and janftorfal seryice which is required for the proper
care and use of the premfses. lessor wfll provfde landscaping
service to the grounds surrounding the structures.
12. Improvements. Lessee sha 11 not make, or suffer
to be made, any alterations to the premises, or any part
thereof, without the prior wrftten consent of lessor. Any and
all alteratfons and fmprovements made to the premises pursuant
to this paragraph shall, upon termination of thfs lease, remafn
as a part of the premfses at no cost or oblfgatfon to the
Lessor.
13. Duty to Make Alteratfons, Addftfons, or Changes
Requfred by Law. If, durfng the term of thfs lease, any law,
regulatfon, or rule requfres that an alteratfon, additfon, or
other change be made to the premfses, the parties agree as
follows:
(a) If the alterations, additions, or changes are
requfred as a result of lessee's use of the premises, Lessee
wfll make them and bear all expense connected therewfth.
(b) If the alteratfons, additfons, or changes are
requfred as a resul t of the condf tfon or nature of the premf ses
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U. ..._ _"="_._._~_
at the time of execution of this lease, not caused by use of
the premises by Lessee, and relate to a portion of the premises
which Lessor has agreed to maintain and repair, Lessor will
make them and bear all expense connected therewith.
14. De s t r u c t ion 0 f Pre m i s e s. If the whole 0 f the
premises, or so much thereof as to render the remainder
unusable for the purposes for which the same was leased, shall
be partially or totally destroyed, then in such event Lessor
shall have the sole option to either reconstruct or repair the
premises, or to consider this lease terminated forthwith.
15. Inspection. Lessor, its agents, officers, or
employees may enter upon the premises at such reasonable times
during Lessor's normal business hours as it deems necessary for
the purpose of inspection of the premises to determine whether
the terms and conditions of this lease are being performed and
kept by Lessee.
16. Defaults. In the event Lessee shall be in default
in the payment of rentals or other charges hereunder or shall
otherwise breach its covenants or obligations hereunder, and
shall be and remain in default for a period of 30 days after
notice from Lessor to it of such default, Lessor shall have the
right and privilege of terminating this lease and declaring the
same a t an end, and of en teri ng upon and tak i ng possess f on of
the premises, and shall have the remedies now or hereafter
provided by law for recovery of rent, repossession of the
premises and damages occasioned by such defaul t. If such
default should occur, then Lessor shall have the right to take
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possessfon of and appropriate to itself without payment
therefor, any property of lessee or anyone claiming under it,
then remaining on the premises.
17. Effect of lessor's Waiver. Lessor's waiver of
breach of one term, covenant, or condition of this lease is not
a waiver of breach of others, nor of subsequent breach of the
one waived. Lessor's acceptance of rent installments after
breach is not a waiver of the breach, except of breach of the
covenant to pay the rent installment or installments accepted.
18. Lease Breached by lessee's Receivership, Assign-
ment for Benefit of Creditors, Insolvency, or Bankruptcy.
Appointment of a receiyer to take possession of Lessee's
assets, Lessee's general assignment for benefit of creditors,
or lessee's insolvency or taking or suffering action under the
Bankruptcy Act is a breach of this lease and shall terminate
same.
19. Eminent Domain. If the whole of the premises, or
so much thereof as to render the remainder unusable for the
purposes for which the same was leased, shall be taken under
the power of eminent domain, then this lease shall terminate
as of the date possession shall be so taken. If less than the
whole of the premises shall be taken under the power of eminent
domain, and the remainder is usable for the leased purposes,
then this lease shall continue in full force and effect and
shall not be terminated by virtue of such taking and the
parties may waive the benefit of any law to the contrary, in
which eyent there shall be a partial abatement of the rent
hereunder in an amount equivalent to the prorated use of the
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remafning premfses. Any award made fn emfnent domafn
proceedings for the taking or damagfng of the premfses in whole
or in part shall be pafd to the Lessor (together wfth any other
money whfch shall be or may be made avaflable for such
purpose) .
20. Hold Har~less. Lessee shall hold Lessor, its
elective and appointive boards, commissions, officers, agents
and employees harmless from any lfabflfty for damage or clafms
for damage for personal fnjury, fncl uding death, as well as
from clafms for property damage which may arfse from Lessee's
operations under this lease, whether such operatfons be by
Lessee or by anyone or more persons directly or indirectly
employed by or acting as agent for Lessee. Lessee shall
defend Lessor and its electfve and appofntfve boards,
commfssions, officers and employees from any sufts or actfons
at law or in equi ty for damages caused, or alleged to have been
caused, by reason of any of the aforesaid operations.
21. Assignments. Lessee shall not assign this lease
or sublet the premises or any part thereof without obtaining
the prfor written consent of the Lessor.
22. Va li d f ty. If anyone or more of the term s,
provisions, promises, convenants, or condftions of this lease
shall to any 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, covenants, and conditions of this lease shall not be
1/1/
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affected thereby and shall be valid and enforceable to the
fullest extent permitted by law.
23. Lease Applicable to Successors, Etc. This lease
and the terms, covenants, and conditions hereof apply to and
are binding on the heirs, successors, executors, admini-
strators, and assigns of the parties.
24. Non-Discrimination. The Lessor hereby covenants
by and for itself, its heirs, executors, administrators, and
assigns, and all persons under or through it, and this lease is
made and accepted upon and subject to the following conditions:
That there shall be no discrimination against or
segregation of any person or group of persons, on account of
race, color, creed, national origin, or ancestry, in the
leasing, subleasing, transferring, use, occupancy, tenure, or
enjoyment of the premises herein leased nor shall the Lessor
itself, or any person claiming under or through it, establish
or permit any such practice or practices of discrimination or
segregation with reference to the selection, location, number,
use, or occupancy, or tenants, lessees,sublessees, subtenants,
or vendees in the premises herein leased.
25. Amendment. This lease may be amended or modified
only by written agreement signed by both parties.
26. !!~!!!..!i.5!..!!..:.. Lessor will have this lease
recorded in the office of the County Recorder, San Bernardino
County, State of Cal ifornia, together with the appropriate
Resolution of the Governing Body of Lessor.
27. Notices. All notices herein required shall be in
writing and delivered in person or sent by certified mail,
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postage prepaid, addressed as follows:
LESSOR
LESSEE:
City of San Bernardino
Real Property Section
300 North "0" Street
San Bernardino, CA. 92418
Agape House Counseling Center
607 East Highland Avenue
San Bernardino, CA. 92404
28. Ti me of Essence.
Time is of the essence herei n.
IN WITNESS WHEREOF, the parties hereto have executed
this lease on the day and year first above written.
"LESSOR"
CITY OF SAN BERNARDINO
ATTEST:
8y:
Mayor
City Clerk
"LESSEE"
AGAPE HOUSE COUNSELING
CENTER, INC.
By:
Title:
Appr~ved as to _f~: t?
~/-"~
C ty torney
12/11/86
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