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HomeMy WebLinkAbout20-Public Works - - - - . ~,._^-~-~-,_.- ~ ---.-.--..-". . 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 '~- o ~ 2 ~ i :J !l !,!I' "". '.. , '~~ ':.: .. ~"::'I~i~;~" ... .:.:..~~.i,.:.~. .,.... ~.~ ;':.1."7 jI: f.tt. ; ... i..-~> .. . . ., "", ,,', .. ,. :--li.,: ~O!" ~:':.;.'.',~'; , , ... '1 ........ ,~ . ":) .... ' ".. :~ " '''.. "~'_",.,......~ "r "-. "':.-i~,.> ~:''''1:) " .. t ... ....~~, " '.. ,~.;:;::.!.::'~~t",j".;.t;'-':'7'~ ,; ..,.... :.J.",,;..." _'!._';'" ~. "\. :~'.-_-: ~.:._"l ._~. .'~'.' ...."'.:.,. ~i'1~~~;,":, 1;ii.~ ., ~l\',~,~.., . ,'.-, ' f~t~t'{~, ,"" '~"'"'' "'"'''''''' ..... Cl t:..~;..:.:~~:'\~~~>!:.~. .:....~_:.~ .. a..~.~.,:~..<:''';,.,\.:." ~"': ':~";'.' .; '...~ .l...~.... 7~::-1, 't.~ .,' -:.; .:. '.~ "~! "ell IE' ca' 'J:'t'..--...4~";' ..... :',~ =-. ~:~ ' ' -..... -;.~ .,~-,.;. - ", ;: ....'!,...., . ~i'~.,:., " t I.~ .. :I....:.. . ".";", "l',' " .",.. ;:~. -, -':- 'gi III :b.. .::081 ..... 11I_.. 0.0 3 --..~.. o , i!d'f ~...~, . , ~~ .. '- '" .... , ,'. ..' " I,' "" ./ ,,' /.:" " . '/.'~. ,r. ~ '" ").., " , " ,. .;.... -:-:.:.... ',' " ,. . , ...... @)' ....' " r:. " -"... .. .,.~,~' ''1' " ~ f ...... " e \::y !': .~ . ,..' ., ~ - " - .' . ~. ~"$..,' '@OI . .. .. '" l\ ftA.J'.2S"" .:".~ .. " .> " "' ' . - " ~. ~; . . ~ .' \51' . .~ .". '. i :t ., ~ \~~~ z~ "., ;< E)' a ~ 'P. III ~ ~. 4 '- t ~ ',' .",.L '.rf. .i'~. <. ,. , "-. :.. ">-r~;. <.... . ;- ,.. '.. '. ~ " , :.:a,.1.J6'~ . "-P-.' t /Q' ._-~~ ., ~ '... . .i,.. @".., .. ,~ ,~ ;. .- .,.. -;, . If',. ""M' ...", . t Q eo. too> ~ p. '. -:.. ..';'-9.:)" -- TC.A r.C.A. 70! 720 ~ ." ~'f l . '(1\)\ ;~ ~ '0,.. .. .".., " --'- ;, .J illS , , ~ ~;": -h,t, .. .. ! ~ z____ -~VAlE~ 11I[.. r s-. . f i~ . . 1 -~,., ~ @ " i;' .. ~'. ,: .~.-._'.'t . ',...-;- - ;;'1.'; .... ;''''-. f @)" , :.. ~ z :.fl_,'~ ~. .:' . , '. '.- ,. .. ".' ~ .....;,. :~,.. :. .I . .'. . ~', . .. ;~:~ " ,. '. ';',' .; '~ ......~. . ... .'; ~ . , ._, '............ .'. , 'f'. '. , :] '. " ~ ~;" . " " ~ .!.. . ,:{ . ~.. , .; ',,;,-1 .~ :'. ~ ;~ .,..~ ......Qllf ,: 0.... . tN. " t'llll, ' o~ ~.. a. ~g' Q .,...... t'l ~' " 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 23 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 l2/11/86 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 1 12/11/86 :\ " 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ,~^."_. ..-.,....._...._____._.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. 2 12/11/86 , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -.--.....-..-....... -- - - '- 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 3 12/11/86 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1111 12/11/86 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -- . 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 5 12/11/86 . 1 2 3 4 5 6 7 8 9 10 11' 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 6 12/11/86 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - ... - 4 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 7 12/11/86 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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/ 12/11/86 8 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - - ... - - - 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, 9 12/11/86 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 271 28 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 10