HomeMy WebLinkAbout25-Parks and Recreation
ell ..' OF SAN BERNARDt ~D ~REQUa T FOR COUNCIL AC"~DN
From: Annie F. Ramos, Director REC'~b~mcl~EOPftJTION AUTHORIZING A LEASE WITH S K
. MANAGEMENT CO. RELATING TO PROPERTY AT
Dept: Parks, Recreation & Conmunity Service~as SE~ 22 ~23: ~TH MT. VIEW FOR A SENIOR CITIZENS
. NUTRITION SITE.
Date: September 14, 1988 ~
"76
Synopsis of Previous Council action:
Resolution 86-152, adopted April 24, 1986, originally established Lease
through September 31, 1988.
Recommended motion:
Adopt the Resolution.
~-<J~~~~L'
~'...,
. - . gnature.
Contact pinon: Joh.n A. Kramer
Supporting data IUached: Staff Report and Resol ution
Phon.: 384-5031
Ward: N/ A
FUNDINO REQUIREMENTS:
Amount: _$4,800
Source: (ACCT. NO.) 123-513-53010
(ACCT. DESCRIPTION) Senior Nutrition co~
Finance: ~t'~~ · _
Council Notel:
'''.'''11'
Agendlltem No. cP--S
Cll.-' OF SAN BERNARDI....D - REQUE" r FOR COUNCIL AC1.")N
RESOLUTION AUTHORIZING A LEASE WITH STAFF REPORT
S K MANAGEMENT CO. RELATING TO PROPERTY
AT 123 NORTH MT. VIEW FOR A SENIOR
CITIZENS NUTRITION SITE
Proposed Lease is for use of a multi purpose room at "Meadowbrook Towers" a
Senior housing project located at 123 North Mt. View, for the purpose of
providing a Senior Nutrition Site. Rental rate is $400 per month and is
covered by the Senior Nutrition Grant through the County Office of Aging.
This nutrition site, operated under City lease agreement since 1986, is open
to both residents of the project and community residents. Approximately 600
meals are served monthly. Approval is recommended.
September 14, 1988
75-0264
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RESOLUTION NO~
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION AND
RATIFICATION OF A LEASE WITH S K MANAGEMENT COMPANY RELATING j"O THE LEASE OF
PREMISES LOCATED AT 123 NORTH Mr. VIEW AVENUE FOR A SENIOR CITIZEN NUTRITION
SITE.
BE IT RESOLVED BY THE MAYOR 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, effective September
1, 1988, with S K t1anagement Company relating to the lease of premises located
at 123 North Mt. View Avenue for a Senior Citizen Nutrition Site, a copy of
which is attached hereto, marked Exhibit "A" and incorporated herein by
meeting thereof, held on the
following vote, to wit:
day of
, 1988, by the
AYES: Council Members
NAYS:
Ag~ENT:
City Clerk
The foregoing resolution is hereby approved this
, 1988.
day of
Evlyn Wilcox, Mayor
City of San Bernardino
9/2/88
LEA S E
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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 "Lessee", and S K MANAGEMENT COMPANY, referred to as "Lessor".
WIT N E SSE T H
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WHEREAS, Lessor owns a certain parcel of real property and structures
fronting on Mt. View Avenue in the City of San Bernardino; and
WHEREAS, Lessor desires the use of said portion of real property and
structure for the purpose of a Senior Citizen nutrition site.
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 set forth and the faithful performance thereof, the
parties mutually agree as follows:
1. PROPERTY LEASED. Lessor hereby leases and lets to the Lessee, and
the Lessee hires and leases from the .Lessor premises located at 123 North Mt.
View Avenue, San Bernardino, California.
2. TERM. The term of this lease shall be for a period of one (1) year
beginning September 1, 1988, and ending August 31, 1980.
3. RENTAL PAYMENTS. Lessee agrees to pay and Lessor agrees to accept as
rental for the said premises, during the term hereof, a monthly rental of FOUR
HUNDRED DOLLARS ($400.00) per month. The said rental payments shall, through
the Director of Finance, be paid on or before the 10th day of each month and
be made payable to the Lessor at the address hereinafter set forth throughout
the term of this lease.
September 2, 1988
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September 2, 1988
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8. DUTY TO MAKE ALTERATIONS, ADDITIONS OR CHANGES REQUIRED BY LAW. If,
during the term of this lease, any law, regulation, or rule requires that an
alteration, addition, or other change be made to the premises other than those
specific improvements to be made by the parties pursuant to this lease, the
parties agree as follows:
(a) If the alterations, additions, or changes are required as a result
of Lessee's use of the premises, Lessee will make them and. bear all expense
connected therewith.
(b) If the alterations, additions, or changes are required as a result
of the condition or nature of the premises 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.
9. BUILDING RULES AND REGULATIONS. Lessee agrees to conform to and abide
by reasonable building rules and regulations established by Lessor. Lessee
shall establish its own hours of operation~ provided, however, that such hours
of operation shall occur solely during hours which Lessor's own office is open
to the general public for the conduct of its business.
10. TAXES. Lessor covenants during the term of this lease to pay, when
due, all taxes and assessments that may be assessed or imposed upon the leased
premises.
11. LESSOR1S INSURANCE. Lessor shall, at its own expense:
(a) Maintain adequate fire insurance for the leased premises'for the term
of this lease.
(b) Maintain premises liability insurance in the amount of $1,000,000 per
occurrence.
12. LESSEE1S INSURANCE. Lessee, as a governmental entity, is legally
uninsured (self-insurance).
September 2, 1988
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1 13. TERMINATION. Either party shall have the right to terminate this
2 lease without further liability upon the service of thirty (30) days advance
3 written notice of such termination to the other party. Upon termination of
4 this lease, Lessee shall surrender the property occupied by this lease in
5 as good condition as same was at the time of Lessee's entry thereof, subject
6 to the conditions hereinabove set forth.
7 14. EMINENT DOMAIN. In the event that all of the demised premises are
8 taken or condemned for any public or quasi-public use, this lease shall
9 terminate as of the date of said taking. The award for such taking of said
10 premises shall belong to Lessor. Lessee shall, however, be permitted to make
11 claim to the condemning authorities for the value of any improvements erected
12 by it on the premises and for the value of any fixtures installed by it
13 therei n.
14 15. AMENor~ENT. This lease may be amended or modified only by written
15 agreement signed by both parties hereto.
16 16. ASSIGNMENT. Lessee shall not assign this lease or sublet the said
17 premises or any part thereof without obtaining the prior written consent of
18 the Lessor.
19 17. LEASE APPLICABLE TO SUCCESSOR, ETC. This lease and the terms,
20 covenants, and conditions hereof apply to and are binding on the heirs,
21 successors, executors, administrators, and aSSigns of the parties hereto.
22 18. VALIDITY. If anyone or more of the terms, provisions, promises,
23 covenants, or conditions of this lease shall to any extent be adjudged invalid,
24 unenforceable, void or voidable for any reason whatsoever by a court of
25 competent jurisdiction,each and all of the remaining terms, provisions,
26 promises, covenant, and conditions of this lease shall not be affected thereby
27 and shall be valid and enforceable to the fullest extent permitted by law.
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September 2, 1988
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1 19. HOLD HARMLESS. Lessee shall hold Lessor Harmless from any liability
2 for damage or claims for damage for personal injury, including death, as well
3 as from c 1 aims for property damage wh i ch may a ri se from Les see's opeYBt ions under
4 this lease, whether such operations be by Lessee or by anyone or more persons
5 directly or indirectly employed by or acting as agent for Lessee. Lessee
6 shall defend Lessor from any suits or actions at law or in equity for damages
7 caused, or alleged to have been caused, by reason of any of the aforesaid
8 operations.
9 Lessor shall defend, indemnify and hold Lessee harmless from any liability
10 for damage or claims for damage for personal injury, includinq death, as well
11 as from claims for property damage which may arise from Lessor's duties or
12 operations hereunder or its failure to make all improvements promised pursuant
13 to this lease. Lessor shall defend Lessee from any suits or actions at law
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or in equity for damages caused, or alleged to have been cause, by reason of
or arising out of such duties, operations or failure.
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20. NOTICES.. All notices herein required shall be in writing and
delivered in person or sent by certified mail, postage prepaid, addressed
follows:
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LESSEE
LESSOR
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City of San Bernardino
300 North liD" Street
San Bernardino, CA 92418
Attn: Real Property Section
Public Works Department
22. RECORDATION. Lessee will have this lease recorded in tt:le office of
S K Management Company
6330 San Vicente Blvd. Ste. 302
Los Angeles, CA 90043
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24 the County Recorder, San Bernardino County, State of California, together with
25 the appropriate Resolution of the governing body of Lessee.
26 23. TIME OF ESSENCE. Time is of the essence herein.
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September 2. 1988
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RESOLUTION AUTHORIZ~ ~~EXECUTION A~, RATIFICATION OF A LEASE
WITH S K MANAGEMENT COMPANY RELATING TO THE LEASE OF PREMISES
1 IN WITNESS WHEREOF, the parties hereto have caused this lease to be
2 executed and attested by their proper officers thereunto duly authorized, and
3 their official seals to be affixed, as of the day and year first above written.
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LESSEE
CITY OF SAN BERNARDINO
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ATTEST:
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By
Evlyn Wilcox, Mayor
City of San Bernardino
City
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LESSOR
S K MANAGEMENT COMPANY
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By
Agent for Meadowbrook Park &
Tower Apts. .
Title: Executive Director
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Approved as to form and legal content:
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19 ~ Attorney
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September 2, 1988
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