HomeMy WebLinkAboutS5-City Administrator
. CITY OF SAN BERt(
RDINO ~QUEST I
JR COUNCIL ACTION
From:
Marshall W. Julian
City Administrator
Subject:
Lease of 646 N. Sierra Way --
Sedlak Family Trust
Dept:
September 28, 1989
Date:
Synopsis of Previous Council action:
9/21/87 Resolution #87-330 authorizing one year extension of lease
9/19/88 -- Resolution #88-377 authorizing one year extension of lease
Recommended motion:
Adopt resolution.
.
Contact person:
Marshall W. Julian
Phone:
5122
Supporting data attached:
yes
Ward:
1
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No.)
(Acct. DescriPtion)
Finance:
Council Notes:
75-0262
Agenda I tern No
s-~
1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A LEASE WITH THE SEDLAK FAMILY TRUST FOR THAT
3 CERTAIN OFFICE BUILDING COMMONLY KNOWN AS 646 NORTH SIERRA WAY
AND REPEALING RESOLUTION NO. 89-384.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
5 OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1.
The Mayor of the City of San Bernardino is
7 hereby authorized and directed to execute on behalf of said City
8 Lease with the Sedlak Family Trust to lease for one year that
10 said lease is attached hereto, marked Exhibit "A" and
9 certain office building commonly known as 646 North Sierra Way,
11 incorporated herein by reference as fully as though set forth at
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12 length.
SECTION 2.
Resolution No. 89-384 is hereby repealed.
14 I HEREBY CERTIFY that the foregoing resolution was duly
15 adopted by the Mayor and Common Council of the City of San
16 Bernardino at a meeting thereof, held on the
17 day of , 1989, by the following vote, to wit:
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18 AYES: Council Members
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NAYS:
ABSENT:
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City Clerk
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RESO. AUTHORIZING THE EXEC. OF A LEASE WITH THE SEDLAK FAMILY
TRUST REPEALING RESO. 89-384.
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The foregoing resolution is hereby approved this
day
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, 1989.
of
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W.R. Holcomb, Mayor
City of San Bernardino
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Approved as to form
6 and legal content:
7 JAMES F. PENMAN,
City Attorney
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By: ~ 1
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LEA S E
THIS LEASE is executed at San Bernardino, California, this
day of
1989,
between THE SEDLAK
FAMILY TRUST (hereinafter referred to as "Lessor"), and the CITY
OF SAN BERNARDINO, a municipal corporation, 300 North "D" Street,
San Bernardino, California 92418 (hereinafter referred to as
"Lessee").
The parties agree as follows:
1. Demised Premises - Lessor agrees to lease and Lessee
hires from Lessor, upon the terms and under the conditions
hereinafter set forth; those certain premises located in the City
of San Bernardino, County of San Bernardino, State of California,
more particularly described as follows:
That certain office building commonly known
as 646 North Sierra Way containing
approximately 7225 sq. feet, together with
non-exclusive use of owner's black topped
parking areas so as to accommodate
approximately 75 spaces, for use by Lessee's
employees and patrons, and as otherwise set
forth in Exhibit "A" attached hereto and by
this reference made a part hereof.
2. Term - The term of this lease shall be for a period of
one (1) year, commencing upon the first day of October, 1989, and
terminating upon the 30th day of September, 1990.
3. Occupancy of Premises - Lessee shall use and occupy the
demised premises for the following purposes and for no other
purposes without the prior written consent of Lessor:
San Bernardino Employment and Training Agency
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August 15, 1989
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4. Rent - As minimum rental for the demised premises,
Lessee shall pay to Lessor without deduction or offset, prior
notice or demand, three thousand six hundred ninety-two dollars
and four cents ($3,692.04) per month payable in advance on the
first day of each month, commencing the first day of October,
1989, at such place or places as Lessor may designate from time
to time.
5. Use of Premises - Lessee shall not commit, or suffer to
be committed, any waste or nuisance upon the demised premises, or
any other act or thing which in any manner may disturb the quiet
enjoyment of any occupant in the building within which the
demised premises are rocated, or of the neighborhood.
6. Utilities - Lessee shall pay for all water, heat, gas,
light, power, rubbish removal, landscape and parking lot
maintenance and all other utilities and services supplied to the
premises.
7. Repairs - The premises, and every part thereof, are at
the date hereof in good order, condition and repair.
Lessor, at
its sole cost and expense, without obligation on the part of the
Lessee, shall keep and maintain the premises and appurtenances
and every part thereof, including windows, doors, and sidewalks,
exterior walls and roofs, in good and sanitary order, condition
and repair, any hazards covered by extended coverage casualty
insurance, damage by fire, and the elements excepted. Lessor's
responsibility with respect to the exterior walls and roofs shall
be limited to repair of damage not caused by Lessee, or by reason
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August 15, 1989
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of Lessee's occupancy.
Lessee shall promptly notify Lessor in
writing of any disrepair of the roof and exterior walls.
Lessee
shall replace damaged glazing at its sole cost.
Lessee shall
provide a normal maintenance program so as to keep in good
working condition the air conditioning, plumbing, heating and
electrical fixtures.
However, should any major components need
replacing the lessor agrees to provide the component and labor to
correct the problem.
10. Alterations - Lessee shall not make, or permit to be
made, any decorations, improvements, additions or alterations of
the premises, or any part thereof, without the written consent of
Lessor.
Any additions to, or alterations of said premises, when
permitted to be made, except movable furniture and trade
fixtures, shall become at once a part of the realty and belong to
Lessor, and shall not be removed by Lessee at the end of its
occupancy, or otherwise, except upon written consent or order of
Lessor.
Lessee shall maintain in good condition and repair all
leasehold improvements in addition to all fixtures, furniture
and equipment contained in or about the demised premises, in
order to promote a well-kept appearance therein.
Any leasehold
improvements, including but not limited to additions, flooring,
or floor, wall, or ceiling covering, or lighting fixtures,
installed by Lessee, shall become at once a part of the realty
and belong to Lessor, without obligation on the part of Lessor to
compensate Lessee therefor.
On condition that Lessee obtains
Lessor's written consent not later than thirty days before the
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August 15, 1989
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termination date of this lease, to the removal of any of the
herein described leasehold improvements, such removal must be
completed before the termination date of this lease at Lessee's
sole cost.
If Lessor should require Lessee by written notice
given not less than thirty (30) days before such termination date
to remove any such leasehold improvements, Lessee shall complete
such removal not later than said termination date at Lessee's
sole cost.
11. Access to Premises - Lessee shall permit Lessor and his
agents to enter into and upon the demised premises at all
reasonable times for the purpose of inspecting the same, and for
the purpose of maintaining the building within which the demised
premises are situated, and for the purpose of making repairs,
alterations or additions to any portion of said building
(including the erection and maintenance of such scaffolding,
canopies, fences and props as may be required) and for the
purpose of posting notices of non-responsibility for alterations,
additions, or repairs, and for the purpose of placing upon the
property within which the demised premises are located any usual
or ordinary "for sale" signs; and Lessor may do any or all of
said acts without any rebate of rent and without any liability to
Lessee for any loss of occupancy or of quiet enjoyment of the
demised premises. Lessee shall permit Lessor, at any time within
ninety (90) days prior to the expiration of this lease, to place
upon the demised premises any usual or ordinary "for lease" or
"for rent" signs.
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August 15, 1989
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12.
Signs, Etc. - (a)
Lessee shall not paint, or place or
permit to be placed, or painted, any sign, lettering, marquee, or
awning in, upon, or about the demised premises, including windows
and doors, without the prior written consent of Lessor.
(b) Lessee shall remove, repair, or replace any awnings,
marquees, signs, lettering, window shades, or draperies
previously permitted by lessor whenever Lessor shall notify
Lessee that such removal, repair, or replacement is advisable to
promote a well-kept appearance upon the premises.
(c) If the installation, existence, servicing and
maintenance, or removal of Lessee's signs, awnings, or marquees,
shall cause any damage to the roof, walls, or any part of the
building in which the demised premises are situated, Lessee, at
his sole cost, shall promptly repair any such damage.
(d) Any signs, awning, or marquee installed, shall become
at once a part of the realty and shall not be removed by Lessee
at end of his occupancy, or otherwise, except upon written
consent, or order, of Lessor.
13. Assignment, Subletting, Etc. - Lessee shall not assign
this lease or any interest therein, and shall not sublet the
demised premises or any portion thereof, or any right or
privilege appurtenant thereto, or suffer any other person (the
employees of Lessee excepted) to occupy or use the demised
premises or any portion thereof, without the prior written
consent of Lessor.
The consent to one assignment, subletting,
occupancy, or use by any other person, shall not be deemed to be
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August 15, 1989
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a consent to any subsequent assignment, subletting, occupancy or
use by any other person.
Any such assignment, subletting,
occupancy or use without Lessor's prior written consent shall be
void and, at Lessor's option, shall terminate this lease.
Neither this lease nor any interest therein shall be
assignable by operation of law, as to Lessee's interest, without
Lessor's prior written consent, which consent shall not be
unreasonably withheld.
If Lessee shall have obtained Lessor's
prior written consent to either assignment, or subleasing, then
any rental paid by such assignee, or sublessee, in excess of the
rental provided by this lease, shall be for the benefit of and
shall be immediately paid to Lessor.
In any event, Lessor's
consent to any assignment, or subleasing, shall not relieve
Lessee from any obligation under this lease.
14.
Remedies of Landlord - (a)
In the event of any breach
of this lease by Lessee, then in addition to any other rights or
remedies which Lessor may have, he shall have the immediate right
of re-entry and may remove all persons and property from the
demised premises; and such property at Lessor's option, may be
removed and stored in a public warehouse or elsewhere at the
expense of and for the account of Lessee.
(b) Should Lessor at any time terminate this lease for any
breach by Lessee, then in addition to any other remedy that he
may have Lessor may recover from Lessee all damages which lessor
may have incurred by reason of such breach, including the cost
of recovering the demised premises.
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(c) The voluntary or other surrender of this lease by
Lessee, or the cancellation thereof by agreement, shall not cause
a merger; and any such act, at Lessor's option, shall terminate
any and all existing subleases or subtenancies, or, at Lessor's
further option, shall operate as an assignment to him of any or
all such subleases or subtenancies.
In addition to the remedies
contained herein, Lessor shall have the remedies provided for
under Section 1951.2 of the Civil Code of the State of
California.
15. Condemnation - In the event the demised premises are
totally condemned by any authority having jurisdiction, this
lease shall terminate" on the date possession shall be taken by
condemner and the rent herein reserved shall be apportioned and
paid in full to that date and all prepaid rent and security held
by Lessor shall forthwith be repaid
by Lessor to Lessee.
Thereupon this lease shall be of no further force or effect and
Lessor and Lessee shall have no liability thereafter one to the
other. In the event the demised premises are partially condemned
by any authority having jurisdiction and the taking shall be
fifty percent (50%) of the total premises, then Lessee shall have
the option to terminate this lease by giving Lessor thirty days
prior written notice, not later than thirty days after date
possession shall be taken by condemner.
In such event the rent
herein reserved shall be apportioned and paid in full to that
date and all prepaid rent and security held by Lessor shall
forthwith be repaid by Lessor to Lessee.
Thereupon this lease
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August 15, 1989
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shall be of no further force or effect and Lessor and Lessee
shall have no liability hereafter one to the other. In the event
the demised premises are partially condemned by any authority
having jurisdiction, but to a lesser extent than last above
described in this paragraph, the rent reserved shall then be
reduced proportionately.
Lessor shall be entitled to and shall
receive the entire award arising out of the condemnation of all
or any portion of the demised premises except as to Lessee's
trade fixtures.
Lessee hereby assigns to Lessor any right or
interest Lessee may have now or hereafter in any such award.
16.
Destruction of Premises - (a)
In the event of (1) a
partial destruction of the demised premises or the building
containing the same during the term of this lease which requires
repairs either to the demised premises or to said building, or
(2) the demised premises or said building being declared unsafe
or unfit for occupancy by any authorized public authority for any
reason other than Lessee's act, use or occupancy (which
declaration requires repairs either to the demised premises or to
said building), Lessor forthwith (except as hereinafter further
set forth) shall make such repairs if they can be completed
within one hundred and twenty (120) working days; and such
partial destruction (including any destruction necessary in order
to make any repairs required by any such declaration) in no wise
shall annul or void this lease, except as otherwise set forth
herein; provided, however, that Lessee shall be entitled to a
proportionate abatement of rent while such repairs are being
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August 15, 1989
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made, such proportionate abatement to be based upon the extent to
which the making of such repairs shall interfere with the
business conducted by Lessee within the demised premises. Lessor
shall have ten (10) days following date of the partial
destruction within which to notify Lessee of its determination
that repairs will be completed within one hundred twenty (120)
days. Failure to do so shall, at Lessee's election, operate as a
termination of this lease.
(b) In the event of partial destruction, as aforesaid, and
in the further event that repairs, as aforesaid, cannot be made
within one hundred and twenty (120) working days, then Lessor
make said repairs within a reasonable time, and in such event
this lease shall continue in full force and effect and the rent
shall be abated proportionately, as hereinabove set forth. In
the event that such repairs cannot be made within one hundred
and twenty (120) working days and in the further event that
Lessor may not so elect to make such repairs, then this lease may
be terminated at the option of either party.
In respect to any
partial destruction (including any destruction necessary in
order to make repairs as required by the declaration of any
authorized public authority, as aforesaid) which Lessor is
obligated to repair or may elect to repair under this Paragraph
16, the provisions of Section 1932, subdivision (1) and of
Section 1933, subdivision (4), of the Civil Code of the State of
California, hereby are waived by Lessee; and provided further,
that Lessor shall not be required to commence said repairs until
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August 15, 1989
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he shall have received payment in full upon any pOlicies of
casualty insurance covering such loss, but in no event later than
fifteen (15) days after
the occurrence of such partial
destruction.
Lessor shall have ten (10) days following date of
the partial destruction within which to notify Lessee of Lessor's
election under this section. Failure to do so shall, at Lessee's
election, operate as a termination of this lease.
(c) A total destruction (including any total destruction
required by any authorized public authority) either of the
demised premises or of said building shall terminate this lease.
(d) In the event of any dispute between Lessor and Lessee
relative to the terms'of Paragraph 16, each party shall select a
Realtor as an arbitrator and the two so selected shall choose a
Realtor as the third arbitrator; and said three arbitrators shall
hear and determine the controversy and their majority decision
thereupon shall be final nd binding upon both parties.
Lessor
and Lessee shall bear the expense of such arbitration in equal
shares.
18. Subordination - This lease shall be subject and
subordinate to the liens of any mortgages, deeds of trust, or
other encumbrances which now exist or may be placed upon the
demised premises.
19. Holding Over - Any holding over after the expiration of
the term of this lease, with the prior written consent of Lessor,
shall be a tenancy from month to month at minimum
rental of
three thousand six hundred ninety-two dollars and 04/100
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August 15, 1989
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($3,692.04) per month.
Percentage rental rates, if any, and all
other conditions and agreements of this lease shall be applicable
to such holding over.
20. Termination - On the last day of the term, or sooner
termination, Lessee shall peaceably and quietly leave and yield
to Lessor the premises, together with the fixtures and
appurtenances, all in good order, condition and repair,
reasonable wear and tear excepted.
Lessee shall leave the
premises and appurtenances free and clear of rubbish and broom
clean.
Lessee at its sole cost shall repair any and all damage
to the demised premises and to Lessor's fixtures and
appurtenances, resuIting from Lessee's use or occupancy,
including but not limited to the removal of Lessee's trade
fixtures in conformity with the provisions hereof.
In the event
Lessee fails to do so, Lessor may charge Lessee for the
reasonable cost incurred by lessor in having the same done.
21. Waiver - The waiver by Lessor or Lessee of any breach
of any term, covenant or condition shall not be deemed a waiver
of such term, covenant or condition or of any subsequent breach
of the same or any other term, covenant or condition of this
lease.
22. Notices - All notices to be given to Lessee may be
delivered personally or by depositing the same in the United
States mail, postage prepaid, and addressed to Lessee at the
demised premises, whether or not Lessee has departed from,
abandoned or vacated the same, and said notice shall be deemed
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August 15, 1989
delivered upon such mailing.
The mailing address for notices
from Lessee to Lessor shall be as above designated or such other
place, or places, as shall hereafter be designated by Lessor.
23. Insurance - Lessee shall maintain liability and other
insurance for the subject premises in like type and manner as
Lessee maintains for those premises otherwise owned and occupied
by Lessee.
This may include self-insurance where such is
Lessee's practice with respect to premises owned and occupied by
Lessee.
24. Lease Subject to the Laws of the State of California-
This lease shall be subject to the laws of the State of
California and it is agreed that if any word, phrase, clause,
sentence, article, provision, or paragraph of this lease is or
shall be held invalid or ~nlawful under the laws of California
for any reason, the same shall be deemed severed from the
remainder hereof, and stricken therefrom, and shall in no way
affect or impair the validity of this lease or of any other
portion thereof, and this lease shall otherwise remain in full
force and effect.
( a )
Subject to the
25.
Miscellaneous Provisions
provisions hereof relative to assignment, this lease shall be
binding upon and inure to the benefit of the heirs, executors,
administrators, successors and assigns of the respective parties;
and all of such respective parties shall be jointly and severally
liable hereunder.
(b) This lease contains the entire agreement of the
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parties, and no modifications thereof or statement or
representation in connection therewith shall be effective or
binding upon either party unless the same is reduced to writing
signed by Lessor and Lessee, and attached hereto.
(c) Time, and prompt performance of the parties' respective
obligations hereunder, are of the essence of this lease.
(d) If Lessor and/or Lessee consist(s) of more than on
person, then the covenants, agreements, and obligations of the
respective parties shall be binding upon such parties, jointly
and severally.
26. Option to Renew - Providing Lessee is not in default
under this lease, at its termination, it shall have an option to
renew said lease for an additional three one-year terms. The
rental rate for the additional term shall be agreed upon by
Lessor and Lessee at the time of such renewal. Extension of the
lease, however, shall be subject to a ninety (90) day written
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August 15, 1989
notice from Lessee to Lessor, prior to the expiration of the
initial term, as to its intention to renew the lease.
IN WITNESS WHEREOF, the parties hereto have executed this
lease on the date and year first above written.
"LESSOR"
ATTEST:
THE SEDLAK FAMILY TRUST
BY~~~
BY: J!~/vffi~t~
, ? Trustee
CITY OF SAN BERNARDINO
BY:
BY:
City Clerk
W. R. HOLCOMB, Mayor
APPROVED AS TO FORM
AND LEGAL CONTENT
:~AttorneY
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August 15, 1989
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EXTENSION OF TERM ~ LEASE
This agreement, made and effected this
day of
, 1989,
by and between the Sedlak Family Trust, hereinafter called the Lessor, and
the City of San Bernardino, hereinafter called the LesSee,attests:
Whereas, by written lease dated the 24th of June, 1980, the Lessor
did let and lease to the Lessee certain premises fully described in said
lease (and briefly described as that certain office building commonly known
as 646 North Sierra Way containing approximately 7225 square feet, along
with 75 parking spaces) for a ~erm beginning July 1, 1980, and ending
September 20, 1982, and extended for one year periods with agreements
dated August 8, 1982, August 19, 1983, August 30, 1984, July 16, 1985,
August 5, 1986, September 21, 1987, and September 19, 1988, and under the
terms and considerations therein set forth.
Now, hereby, it is mutually agreed, the term of said lease is
extended for an additional period of one (1) year, beginning the first
day of October, 1989, and ending the 30th day of September, 1990, for and
under the same terms and conditions of the 1986 lease, that lease included
the only rent increase since the inception of the lease (it was a three per
cent increase). The rent will be approximately 5l~ per square foot,
with the rent being $3692.04, per month.
In witness thereof the Lessor and Lessee have set their hands
to duplicates of this agreement.
APPROVED AS TO FORM AND LEGAL CONTENT:
City Attorney ~ ;t.r&~~
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City Clerk ,/
SEDLAK FAMILY TRUST, Lessor
Robert J and Nancy W SEdlak
Co-trustees
rr<~
City of San Bernardino, Lessee