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HomeMy WebLinkAbout24-Public Works . CI (OF SAN BERNARD 10 - REQU' JT FOR COUNCIL At 'ION From: ROGER HARDGRAVE Director of Public Works/City Dept: Engineer Subject: Execution of Lease with Junior All American Football, Mesa Chapter, relating to property located at 1244 W. 9th St. Date: March 29, 1988 Synopsis of Previous Council action: 3-7-88 Jr. All American Football authorized to use premises under same conditions as the previous lease, and the proposed new lease was referred to Ways and Means Committee. 3-17-88 Ways and Means Committee recommended lease agreement to Mayor and Council. Recommended motion: Adopt resolution. C t t Roger Hardgrave on ae person: Phone: 5025 Supporting data attached: Ward: FUNDING REQUIREMENTS: Amount: Source: (ACCT. NO.) (ACCT. DESCRIPTION) Finance: Council Notes: .,.._".,.,;" / Aoenda I tern No d. ~ 2 3 4 5 6 I I 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LEASE WITH JUNIOR ALL AMERICAN FOOTBALL, MESA CHAPTER, RELATING TO PROPERTY LOCATED AT 1244 WEST NINTH STREET. BE IT RESOLVED BY THE MAlOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City a Lease with Junior All American Football, Mesa Chapter, relat- ing to property located at 1244 West Ninth Street, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 1988, by the following vote, to wit: AYES: Council Members NAYS: ABSENT: City Clerk The foregoing resolution IS hereby approved this day of , 1988. Mayor of the City of San Bernardino Approved as to form and legal content. , '~, __ J City Attocney 1 2 3 4 5 6 7 8 9 10 JI 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 :1 II I' II f, LEA S E (1244 West Ninth Street) THIS LEASE is made and entered into this day of , 1988, by and between the CITY OF SAN BERNARDINO, a municipal corporation, referred to as "Lessor", and JUNIOR ALL AMERICAN FOOTBALL, MESA CHAPTER, referred to as "Lessee". WHEREAS, Lessor owns a certain parcel of real property and structure commonly known as 1244 West Ninth Street in the City of San Bernardino; and WHEREAS," said structure is not now needed for municipal use and is not contemplated for municipal use during the term hereof; and WHEREAS, Lessee desires the use of said structure, NOW, THEREFORE, in consideration of the rental hereafter reserved and agreed to be paid to Lessor by Lessee and the mutual promises, obligations, agreements and covenants hereinafter set forth and the faithful perforrr,ance thereof, the parties mutually agree as follows: 1. Property Leased. Lessor hereby leases to Lessee that certain structure located generally East of Mt. Vernon Avenue, North of Ninth Street, commonly known as 1244 West Ninth Street, in the City of San Bernardino, County of San Bernardino, State of California, together with the exclusive use of the parking facilities adjoining said structure. 2. The term of this lease shall be for a Term. period of five (5) years, beginning December I, 1987, and ending November 30, 1992. 3 . Lessee agrees to pay and Lessor Rental Payments. EXHIBIT "A" 1 agrees to accept as rental for the said premises, during the term 2 hereof, a monthly rental of seventy-five dollars ($75.00). The 3 said rental payments shall be paid on or before the first Monday 4 of each month and made payable to the Lessor, Attention: Finance 5 Department, at the address hereinafter set forth throughout the 6 term of this lease. 7 4. Use of Premises. The premises are leased to the 8 Lessee for use as an office, a meeting place, and for storage of 9 equipment, materials and supplies utilized by Lessee. Lessee 10 agrees not to use the premises, nor to permit their use or the 11 use of any part of them, for any other purpose. No organized 12 athletic contact shall be allowed on the premises. 13 5. Termination. This lease shall be terminable at the 14 option of either party upon the service of ninety (90) days' 15 advance written notice of such termination to the other party. 16 Upon termination of this lease, Lessee shall surrender the 17 property occupied by this lease in as good condition as same was 18 at the time of Lessee's entry thereof, subject to the conditions 19 herein set forth. 20 6. Insurance. 21 (a) Fire. Lessee agrees to procure and maintain in 22 force during the term of this lease and any extension thereof, at 23 its expense, a policy or policies of insurance whereby the CITY 24 OF SAN BERNARDINO will be named as the primary insured against 25 loss or damage to the leased premises, appurtenances and 26 permanent equipment therein, resulting from fire, windstorm and 27 extended perils, in a minimum amount of $100,000.00. Damage from 28 2 1 lightning, vandalism, malicious mischief and such perils 2 ordinarily defined as "extended coverage" shall be included in 3 such coverage. The insurance policy shall be issued in the names 4 of Lessor and Lessee. The insurance policy shall provide that 5 any proceeds shall be made payable solely to Lessor, or, 6 alternatively, to Lessor and Lessee, as their interests may 7 appear. 8 (b) Liability. Lessee agrees to procure and 9 maintain in force during the term of this lease and any extension 10 thereof, at its expense, public liability insurance in companies 11 having a rating of Best's Insurance Guide of "A" (General 12 Policyholder) and "AA" (Financial) ratings or better, adequate to 13 protect against liability for damage claims through Lessee's use 14 of or arising out of accidents occurring in or around the leased 15 premises, in a minimum amount of $1,000,000.00 combined single 16 limit. Lessee shall provide to Lessor's Real Property Division a 17 certificate of insurance and an additional insured endorsement 18 which provides: 19 (1) The City of San Bernardino shall be named 20 as an additional insured. 21 (2) The insured company name, policy number, 22 period of coverage and the amount of insurance. 23 (3) That the Real Property Division of the 24 City of San Bernardino must be given notice in writing at least 25 thirty (30) days prior to cancellation, material change or 26 refusal to renew the policy. 27 28 ~ 1 (4) That Lessee's insurance will be primary to 2 any coverage the City of San Bernardino may have in effect. 3 Lessee agrees that, if such insurance policies are not kept 4 in force during the term of this lease, and any extension 5 thereof, Lessor may have the option of one of the following: 6 (a) Procure the necessary insurance, pay the premium 7 therefor, and that such premium shall be repaid to Lessor as an 8 additional rent installment for the month following the date on 9 which such premium is paid. 10 (b) Immediately declare this lease in default, and 11 terminate this lease forthwith. 12 7. Utilities. Lessee shall pay for all electricity, 13 gas, water, refuse service, telephone service, and all other 14 services and utilities including service installation fees and 15 charges for such utilities which are not or may hereafter be 16 provided to the leased premises as to any charges or fees 17 accruing during the term of this lease. If Lessee desires 18 additional utilities and/or utility services to the premises, 19 Lessee must first obtain written consent from Lessor. 20 7. Taxes/Possessory Interest. Lessee covenants during 21 the term of this lease to pay, when due, all taxes and 22 assessments that may be assessed or imposed upon the Lessee's 23 possessory interest in and to the premises and upon personal 24 property located on the leased premises. During Lessee's 25 possession and use of the leased premises, should any taxes 26 thereon be assessed against Lessor, Lessee agrees to indemnify 27 Lessor therefrom. 28 4 1 9. Ownership. Lessee hereby acknowledges and accepts 2 the title and paramount ownership and interest of Lessor to the 3 said property and Lessee agrees not to claim, challenge or 4 contest said title, ownership and entire interest of Lessor. 5 10. Maintenance and Operation. The Lessee is familiar 6 with the leased premises and has knowledge of the present 7 conditions that exist thereon. Lessee shall, at its own expense, 8 maintain the leased premises and all improvements thereon in good 9 order, condition, and repair, both as to the exterior and 10 interior portions thereof. Lessee shall provide or cause to be 11 provided all security service, custodial service, janitorial 12 service, lawn maintenance service and weed abatement service 13 which is required for the proper care and use of the premises. 14 11. No Waste, Nuisance, or Unlawful Use. Lessee shall 15 not commit, or allow to be committed, any waste on the premises, 16 or nuisance, nor shall it use or allow the premises to be used 17 for an unlawful purpose. 18 12. Improvements. Lessee shall not make, or suffer to be 19 made, any alterations to the leased premises, or any part 20 thereof, without the prior written consent of Lessor. Any and 21 all alterations and/or improvements made to the leased premises 22 pursuant to this section shall, upon termination of this lease, 23 remain as a part of the premises at no cost or obligation to the 24 Lessor. 25 13. Duty to Make Alterations, Additions, or Changes 26 Required by Law. If, during the term of this lease, any law, 27 regulation, or rule requires that an alteration, addition, or 28 5 1 other change be made to the leased premises, the parties agree as 2 follows: 3 (a) If the alterations, additions, or changes are 4 required as a result of Lessee's use of the premises, Lessee will 5 make them and bear all expense connected therewith. 6 (b) If the alterations, additions, or changes are 7 required as a result of the condition or nature of the premises 8 at the time of execution of this lease, not caused by use of the 9 premises by Lessee, Lessor will make them and bear all expense 10 connected therewith. 11 14. Defaults. In the event Lessee shall be in default in 12 the payment of rentals or other charges hereunder or shall 13 otherwise breach its covenants or obligations hereunder, and 14 shall be and remain in default for a period of thirty (30) days 15 after notice from Lessor to it of such default, Lessor shall have 16 the right and privilege of terminating this lease and declaring 17 the same at an end, and of entering upon and taking possession of 18 said premises, and shall have the remedies now or hereafter 19 provided by law for recovery of rent, repossession of the 20 premises and damages occasioned by such default. If such default 21 should occur, then Lessor shall have the right to take possession 22 of and appropriate to itself without payment therefor, any 23 property of Lessee or anyone claiming under it, then remaining 24 on said premises. 25 15. Inspections. Lessor, its agents, officers, or 26 employees may enter upon the leased premises at such reasonable 27 times during Lessor's normal business hours as it deems necessary 28 h 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 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. 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. 17. Non-Discrimination. The Lessee hereby covenants by and for itself, its heirs, executors, administrators, and assigns, and all persons claiming under or through it 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, of tenants, lessees, sublessees, subtenants, or vendees in the premises herein leased. 18. Assignments: Sole Occupancy. Lessee shall not assign this lease or sublet the leased premises or any part thereof without obtaining the prior written consent of the Lessor. The parties contemplate that Lessee shall be the sole occupant of these premises, and rental rate is established based in part thereon. Any change in occupancy constitutes a material breach of this agreement. 7 1 19. Validity. If anyone or more of the terms, 2 provisions, promises, covenants, or conditions of this lease 3 shall to any extent be adjudged invalid, unenforceable, void, or 4 voidable for any reason whatsoever by a court of competent 5 jurisdiction, each and all of the remaining terms, provisions, 6 promises, covenants, and conditions of this lease shall not be 7 affected thereby and shall be valid and enforceable to the 8 fullest extent permitted by law. 9 20. Lease Applicable to Successors, etc. This lease and 10 the terms, covenants, and conditions hereof apply to and are 11 binding on the heirs, successors, executors, administrators, and 12 assigns of the parties hereto. 13 21. Lease Breached bY Lessee's Receivership, Assignment 14 for Benefits of Creditors, Insolvency, or Bankrupt~y. 15 Appointment of a receiver to take possession of Lessee's assets, 16 Lessee's general assignment for benefit of creditors, or Lessee's 17 insolvency or taking or suffering action under the Bankruptcy Act 18 is a breach of this lease and shall terminate same. 19 22. Eminent Domain. If the whole of the leased premises, 20 or so much thereof as to render the remainder unusable for the 21 purposes for which the same was leased, shall be taken under the 22 power of eminent domain, then this lease shall terminate as of 23 the date possession shall be so taken. If less than the whole of 24 the leased premises shall be taken under the power of eminent 25 domain, and the remainder is usable for the leased purposes, then 26 this lease shall continue In full force and effect and shall not 27 be terminated by virtue of such taking and the parties may waive 28 8 1 the benefit of any law to the contrary, in which event the 2 parties shall determine if a partial abatement of the rent 3 hereunder is justified. Any award made in eminent domain 4 proceedings for the taking or damaging of the leased premises in 5 whole or in part shall be paid to the Lessor (together with any 6 other money which shall be or may be made available for such 7 pu rposes) . 8 23. Hold Harmless. Lessee hereby agrees to, and shall, 9 hold Lessor, its elective and appointive boards, commissions, 10 officers, agents and employees harmless from any liability for 11 damage or claims for damage for personal injury, including death, 12 as well as from claims for property damage, which may arise from 13 Lessee's operations under this agreement, whether such operations 14 be by Lessee or by anyone or more persons directly or indirectly 15 employed by or acting as agent for Lessee. Lessee agrees to and 16 shall defend Lessor and its elective and appointive boards, 17 commissions, officers and employees from any suits or actions at 18 law or in equity for damages caused, or alleged to have been 19 caused, by reason of any of the aforesaid operations. This lease may be amended or modified 20 24. Amendment. 21 only by written agreement signed by both parties hereto. 22 25. Notices. All notices herein required shall be In 23 writing and delivered in person or sent by certified mail, 24 postage prepaid, addressed as follows: 25 Lessor Lessee 26 City of San Bernardino Real Property Section 27 300 North "D" Street San Bernardino, CA 92418 Junior All American Football Mesa Chapter 340 E. 17th Stre~t San Bernardino, CA 92404 28 1 2 3 4 5 6 7 8 Entire Agreement. This agreement represents the 26. entire agreement between the parties hereto, and said agreement can only be amended by a written agreement executed by both parties. 27. Time of Essence. Time is of the essence herein. IN WITNESS WHEREOF, the parties hereto have caused this lease to be executed the day and year first above written. CITY OF SAN BERNARDINO 9 ATTEST: 10 By Mayor 11 City Clerk 12 13 14 15 16 17 18 19 20 JUNIOR ALL AMERICAN FOOTBALL, MESA CHAPTER By Title Approved as to form and legal content: i/i ~..' I. 'I. J ~"1._....., / - ~~ ./i_1 "- \. .~,' . -,- r_"-- C'ity Attorney 2t / / 22 23 24 25 26 27 28 10