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HomeMy WebLinkAbout29- Public Works File No.: 15.06-108 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: ROGER G. HARDGRAVE Subject: RESOLUTION AUTHORIZING EXECUTION OF LEASE --- COUNTY OF SAN Dept: Public Works/Engineering BERNARDINO SHERIFF'S SEARCH & Date: October 14, 1997 ' '`s � RESCUE --- 3250 Harrison street �rr �r fv Synopsis of Previous Council Action: 05/01/77 --- Resolution No. 12760 authorization to execute a thirty-six month lease with the County of San Bernardino, Sheriff's Search& Rescue. 01/30/90 --- Mayor and Common Council approved to grant the County San Bernardino, Sheriff's Search& Rescue a month to month lease. Recommended Motion: Adopt the Resolution. cc : Fred Wilson, City Administrator James Sharer, Facilities Manager Signature Jim Penman, City Attorney Contact Person: Bernard Castro Phone: 5328 Supporting data attached: Staff Report, Resolution Ward: 7 FUNDING REQUIREMENTS: Amount: None Source (Acct. No.) N/A (Acct. Description) N/A Finance: Council Notes: previously - /��3�%7 Res 97- Y/ /�/7/�7 Agenda Item No. --.7� CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT In May, 1977, the Mayor and Common Council approved Resolution No. 12760 to execute a thirty-six month lease with the County of San Bernardino, Sheriff's Search & Rescue at 3250 Harrison Street (former fire station). The lease expired April 30,1980; since then the County of San Bernardino has been on a month to month lease with the City of San Bernardino. The County of San Bernardino, Sheriff s Search & Rescue has been maintaining the interior and exterior structure of the 5,000 square foot building. The building is in need of a roof repair. The County of San Bernardino Sheriff s Search and Rescue has agreed to repair the roof, in lieu of rent, for an executed five- (5) lease with the City of San Bernardino. We recommend approval of a five- (5) year lease with the County of San Bernardino, Sheriffs Search & Rescue, based on the following conditions: The County of San Bernardino provide all necessary insurance certificates (Liability, Workman's' Compensation) along with all invoices and lien releases for any work subcontracted out to repair the roof. r, COUNTY OF SAN BERNARDINO LEASE AGREEMENT CITY: City of San Bernardino 300 North"D" Street San Bernardino, CA COUNTY: COUNTY OF SAN BERNARDINO General Services Group Real Estate Services Department 825 East Third Street San Bernardino,CA 92415-0832 PREMISES: 3250 Harrison Street San Bernardino, CA TERM OF LEASE: Five(5)years RENT: Roof repair/replacement COMMENCEMENT DATE OF LEASE: November 1, 1997 COUNTY CONTRACT NUMBER: REV.9/29/97 MMIT "A'' i LEASE AGREEMENT WHEREAS, the City of San Bernardino, as Lessor, and the County of San Bernardino, as Lessee, had previously entered into a lease agreement, Resolution No. 77-98 ("Prior Agreement"), wherein the City of San Bernardino agreed to lease certain real property to the County of San Bernardino; and, WHEREAS, the term of the Prior Agreement expired and the County of San Bernardino continued to occupy the real property with the consent of the City of San Bernardino on a tenancy from month-to-month; and, WHEREAS, the roof for the real property requires repair, and the County of San Bernardino agrees to make the necessary repairs with a long-term lease commitment and the City agrees to such extension. NOW, THEREFORE, in consideration of mutual covenants and conditions, the parties agree as follows: 1. PARTIES: This lease is made between the City of San Bernardino and the County of San Bernardino("COUNTY). 2. PREMISES LEASED: CITY leases to COUNTY and COUNTY leases from CITY 5,000 square feet of building, the real property and other improvements located at 3250 Harrison Street, San Bernardino,California("Premises") as described in Exhibit"A". 3. TERM: This lease shall commence on November 1, 1997, and end on October 31, 2002, ("initial term"). 4. RENT: COUNTY shall repair the roof of the building in lieu of rent and as consideration for COUNTY's use under this agreement for the initial term of this lease. COUNTY shall provide to CITY copies of all construction and supply bills. 5. OPTION TO EXTEND TERM: CITY gives COUNTY the option to extend the term of the lease on the same provisions and conditions, excluding rent, for one (1) five-year period ("extended term") following expiration of the initial term, by COUNTY giving notice of its intention to exercise the option to CITY ninety (90) days prior to the expiration of the preceding term. Rent shall be negotiated and agreed upon during the ninety (90) days prior to COUNTY having to exercise its option. 6. RETURN OF PREMISES: The COUNTY agrees that it will, upon any termination of this lease, return the Premises in as good condition and repair as the Premises now are or shall hereafter be put; reasonable wear and tear excepted. 7. HOLDING OVER: In the event the COUNTY shall hold over and continue to occupy the Premises with the consent of the CITY, expressed or implied, the tenancy shall be deemed to be a tenancy from month-to-month upon the same terms and conditions, including rent, as existed and prevailed at the time of the expiration of the term of this lease. 1 r 8. TAXES: CITY shall pay all real property taxes, and general and special assessments levied and assessed against the Premises, if any. 9. USE: COUNTY shall occupy and use the Premises during the term hereof for Sheriff Department's search and rescue equipment and personnel. 10. HEALTH, SAFETY AND FIRE CODE REQUIREMENTS: COUNTY, at its sole expense, will insure the Premises meet the applicable requirements of the Health, Safety, Fire, and Building Codes for Public Buildings, including any requirements for a notice of completion, certificate of occupancy and the Americans with Disabilities Act ("ADA"). Should the continued occupancy of the leased Premises be in anyway prejudiced or prevented due to changes in the ADA, the Health, Safety or Fire Codes for Public Buildings, the COUNTY herein shall correct, update and comply.with said changes at COUNTY's cost. If however, in the sole discretion of COUNTY, said changes are impracticable or uneconomical to complete, the COUNTY may terminate this lease with thirty(30) days notice and shall not be required to make said changes. 11. SIGNS: COUNTY will display from the Premises only such sign or signs as are not prohibited by law. 12. MAINTENANCE: COUNTY, at its cost, shall maintain in good condition the interior and exterior of the building including the parking lot and grounds. Should any maintenance or repair be uneconomical or impracticable to perform, COUNTY, may in its sole discretion, terminate this lease with thirty (30) days notice to CITY and shall not be required to make the repair or maintenance. Should repairs to the air-conditioning and/or heating equipment required hereby be of sufficient magnitude to require the installation or replacement of the air- conditioning or heating units, COUNTY, upon the approval of CITY, may make the necessary replacement and bear the replacement costs with respect to said air-conditioning and/or heating equipment. Any such equipment so installed shall be the property of the COUNTY and may be removed by COUNTY at the termination of the lease; however, COUNTY agrees it shall insure the roof does not leak after removal of any such equipment. 13. ALTERATIONS: COUNTY shall not make any structural or exterior improvements or alterations to the Premises without CTTY's consent. Any such alterations made shall remain on and be surrendered with the Premises on expiration or termination of the lease. 14. FIXTURES: COUNTY shall have the right during the term(s) of this lease to install shelving and fixtures, and make interior, non-structural improvements or alterations in the Premises. Such shelving, fixtures, improvements, and alterations shall remain the property of the COUNTY and may be removed by the COUNTY during the term(s) of this lease or within a reasonable time thereafter, provided that the COUNTY restores the Premises to the condition as it existed at the commencement of this lease, reasonable wear and tear excluded. 15. UTILITIES: COUNTY shall pay all service charges and related taxes for utilities, including its own telephone service. 2 16. HOLD HARMLESS: a. COUNTY agrees to indemnify and hold harmless the CITY, its employees, officers, agents and volunteers from any and all claims, actions or losses, damages, and/or liability resulting from the COUNTY's negligent acts or omissions which arise from the COUNTY's performance of its obligations under this lease. b. The CITY agrees to indemnify and hold harmless the COUNTY and its officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of its obligations under this lease. C. In the event the COUNTY and/or the CITY is found to be comparatively at fault for any claim, action, loss or damage which results from their respective obligations under this lease, the COUNTY and/or CITY shall indemnify the other to the extent of its comparative fault. d. Furthermore, if the COUNTY or CITY attempts to seek recovery from the other for Workers Compensation benefits paid to an employee, the COUNTY and CITY agree that any alleged negligence of the employee shall not be construed against the employer of that employee. 17. INSURANCE: a. COUNTY is a public entity and is self-insured. b. Without in any way affecting the indemnity herein provided and in addition thereto, the CITY shall secure and maintain throughout the term of the lease the following types of insurance or self-insurance with limits as shown: (1) Workers' Compensation: A program of Workers' Compensation insurance or a state-approved Self-Insurance Program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer's Liability with Two Hundred Fifty Thousand and 00/100 Dollars ($250,000.00) limits, covering all persons providing services on behalf of the CITY and all risks to such persons under this agreement. (2) Comprehensive General and Automobile Liability Insurance: This coverage to include contractual coverage and automobile liability coverage for owned, hired and non-owned vehicles. The policy shall have combined single limits for bodily injury and property damage of not less than One Million and 00/100 Dollars($1,000,000.00). (3) Fire Insurance: Standard fire and extended coverage insurance, with vandalism and malicious mischief endorsements to the extent of at least forty percent (40%) of the full replacement value of the Premises. 3 r , C. Additional Named Insured: All policies, except for Workers' Compensation, shall contain additional endorsements naming the COUNTY and its officers, employees, agents and volunteers as additional named insured with respect to liabilities arising out of this agreement. d. Waiver of Subrogation Rights: CITY shall require the carriers of the above required coverages to waive all rights of subrogation against the COUNTY, its officers, employees, agents,volunteers, contractors and subcontractors. e. Policies Primary and Non-Contributory: All policies required above are to be primary and non-contributory with any insurance or self-insurance programs carried or administered by the COUNTY. f. Proof of Coverage: CITY shall immediately furnish certificates of insurance to COUNTY, evidencing the insurance coverage, including endorsements, above required prior to occupying the Premises and the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty(30) days written notice to the COUNTY, and CITY shall maintain such insurance from the time of occupancy and commencement of performance of services hereunder until the completion of such occupancy. Within sixty (60) days of the commencement of this agreement, the CITY shall furnish certified copies of the policies and all endorsements. g. Insurance Review: The above insurance requirements are subject to periodic review by the COUNTY. The COUNTY's Risk Manager is authorized,but not required, to reduce or waive any of the above insurance requirements whenever the Risk Manager determines that any of the above insurance is not available, is unreasonably priced, or is not needed to protect the interests of the COUNTY. In addition, if the Risk Manager determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Risk Manager is authorized, but not required, to change the above insurance requirements to require additional types of insurance coverage or higher coverage limits,provided that any such change is reasonable in light of past claims against the COUNTY, inflation, or any other item reasonably related to the COUNTY's risk. Any such reduction or waiver for the entire term of the agreement and any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this agreement. CITY agrees to execute any such amendment within thirty(30) days of receipt. h. Failure to Have Insurance: In the event COUNTY receives a notice of cancellation concerning any of the required policies, or should CITY fail to have in effect the required coverage at any time during this lease, COUNTY may give notice to CITY to immediately suspend all CITY activities and/or notice to reinstate or acquire the affected coverage. Should CITY fail to reinstate or acquire the affected coverage within ten (10) days of COUNTY's notice to reinstate or acquire such coverage, COUNTY may either terminate this lease, reinstate or acquire the affected coverage, and CITY shall reimburse COUNTY for the necessary cost at COUNTY's option. If LANDLORD does not reimburse COUNTY within ten (10) days after demand by COUNTY, COUNTY shall have the right to withhold from future amounts due under this lease or otherwise due to CITY the sum COUNTY has expended until COUNTY is reimbursed in full. 4 L COUNTY shall have no liability for any premiums charged for such coverage(s). The inclusion of COUNTY as additional named insured is not intended to and shall not make it a partner or joint venturer with CITY. 18. COUNTY'S DEFAULT: The occurrence of any one or more of the following events shall constitute a default and breach of this lease by COUNTY: a. The vacating for more than thirty(30) consecutive days or abandonment of the Premises by COUNTY. b. The failure by COUNTY to perform any material provisions of this lease to be performed by COUNTY, including the payment of rent, where such failure shall continue for a period of thirty(30) days after notice by CITY to COUNTY; provided, however, that if the nature of COUNTY's default is such that more than thirty (30) days are reasonably required for its cure, then COUNTY shall not be deemed to be in default if COUNTY commences such cure within said thirty (30) day period and thereafter diligently prosecutes such cure to completion. The purpose of this notice requirement is to extend the notice requirements of the unlawful detainer statutes of California. 19. CITY'S REMEDIES ON COUNTY'S DEFAULT: In the event of any material default by COUNTY which is not cured by COUNTY, CITY may, at its election, terminate this lease by giving COUNTY thirty (30) days written notice of termination. The purpose of this notice requirement is to extend the notice requirement of the unlawful detainer statutes of California. On termination of the lease for default pursuant to this paragraph, CITY shall have the right to recover from COUNTY only the following amounts for any and all damages which may be the direct or indirect result of such default: a. The worth, at the time of the award, of the unpaid rent that has been earned at the time of termination of this lease; and b. The worth, at the time of the award, of the amount by which the unpaid rent that would have been earned after the date of termination of this lease until the time of award exceeds the amount of the loss of rent that CITY proves could not have been reasonably avoided; and C. The worth, at the time of the award, of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of the loss of rent that CITY proves could not have been reasonably avoided; and d. Any other amount, and court costs, necessary to compensate CITY for all detriment proximately caused by COUNTY's default which CITY proves could not have been reasonably avoided. "The worth, at the time of the award," as used in "a" and "b" of this paragraph, is to be computed by allowing interest at the maximum rate an individual is permitted by law to charge. "The worth, at the time of the award," as referred to in "c" of this paragraph, is to be 5 computed by discounting the amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award,plus one percent(1%). 20. CITY'S ACCESS TO PREMISES: CITY and its authorized representatives shall have the right to enter the Premises at all reasonable times for any of the following purposes: a. To determine whether the Premises are in good condition; b. To do any necessary maintenance and to make any restoration to the Premises that CITY has the right or obligation to perform. C. To serve,post, or keep posted any notices required by law; CITY shall conduct its activities on the Premises as allowed in this paragraph in a manner that will cause the least possible inconvenience, annoyance, or disturbance to COUNTY. 21. NOTICES: a. Any notice, demand, request, consent, approval, or communication that either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail. Any notice, demand, request, consent, approval, or communication that either party desires or is required to give to the other party shall be addressed to the other party at the address set forth below. Either party may change its address by notifying the other party of the change of address. Notice shall be deemed communicated two (2) COUNTY working days from the time of mailing if mailed as provided in this paragraph. CITY's address: Real Property Section City of San Bernardino 300 North"D" Street San Bernardino, CA 92401 COUNTY's address: General Services Group Real Estate Services Department 825 East Third Street, Room 207 San Bernardino, CA 92415-0832 22. INCORPORATION OF PRIOR AGREEMENT: This lease contains all of the agreements of the parties hereto with respect to any matter covered or mentioned in this lease, and no prior agreement or understanding pertaining to any such matter shall be effective for any purpose. 23. WAIVERS: No waiver by either party of any provisions of this lease shall be deemed to be a waiver of any other provision hereof or of any subsequent breach by either party of the same or any other provisions. 6 24. AMENDMENTS: No provision of this lease may be amended or added to except by an agreement in writing signed by the parties hereto or their respective successor in interest, expressing by its terms an intention to modify this lease. 25. SUCCESSORS: This lease shall inure to the benefit of and be binding upon the heirs, executors, administrators, successors, and assigns of the parties hereto. 26. SEVERABILYM If any word, phrase, clause, sentence, paragraph, section, article,part or portion of this lease is or shall be invalid for any reason, the same shall be deemed severable from the remainder hereof and shall in no way affect or impair the validity of this lease or any other portion thereof. 27. TIME OF ESSENCE: Time is of the essence of each provision of this lease which specifies a time within which performance is to occur. In the absence of any specific time for performance,performance may be made within a reasonable time. 28. QUIET ENJOYMENT: Subject to the provisions of this lease and.conditioned upon performance of all the provisions to be performed by COUNTY hereunder, CITY shall secure to COUNTY during the lease term the quiet and peaceful possession of the Premises and all right and privilege appertaining thereto. 29. PROVISIONS ARE COVENANTS AND CONDITIONS: All provisions, whether covenants or conditions, on the part of either party shall be deemed to be both covenants and conditions. 30. CONSENT: Whenever consent or approval of either party is required that party shall not unreasonably withhold or delay such consent or approval. 31. EXHIBITS: All exhibits referred to are attached to this lease and incorporated by reference. 32. LAW: This lease shall be construed and interpreted in accordance with the laws of the State of California. 33. VENUE: The parties acknowledge and agree that this lease was entered into and intended to be performed in San Bernardino County, California. The parties agree that the venue for any action or claim brought by any party to this lease will be San Bernardino County. Each party hereby waives any law or rule of court which would allow them to request or demand a change of venue. If any action or claim concerning this lease is brought by any third party, the parties hereto agree to use their best efforts to obtain a change of venue to the Central District of San Bernardino County. 34. ATTORNEYS' FEES AND COSTS: If any legal action is instituted to enforce or declare any party's rights hereunder, each party, including the prevailing party, shall bear its own costs and attorneys' fees. 7 35. ,AIRY TRIAL WAIVER: CITY and COUNTY hereby waive their respective right to trial by jury and agree to accept trial by judge alone of any cause of action, claim, counterclaim or cross-complaint in any action,proceeding and/or hearing brought by either CITY against COUNTY or COUNTY against CITY on any matter whatsoever arising out of, or in any way connected with, this lease, the relationship of CITY and COUNTY, COUNTY's use or occupancy of the Premises, or any claim of injury or damage, or the enforcement of any remedy under any law, statute, or regulation, emergency or otherwise, now or hereafter in effect. 39. RIGHT TO TE M[NATE, LEASE: a. The COUNTY shall have the right to terminate this lease at any time whenever COUNTY, in its sole discretion, determines it would be in COUNTY's best interests to terminate this lease. COUNTY shall give CITY notice of any termination pursuant to this paragraph at least ninety (90) days prior to the date of termination. In the event COUNTY exercises its right to terminate this lease, there shall be no proration of or reimbursement due the COUNTY by the CITY of the cost of roof repair/replacement as provided in Paragraph 4, "RENT" b. The CITY shall have the same right as COUNTY to terminate as provided above after both the initial and extended terms of the lease as provided for in Paragraph 3, "TERM", and Paragraph 5, "OPTION TO EXTEND TERM". 8 V i 37. CAPTIONS, TABLE OF CONTENTS AND COVER PAGE: The paragraph captions, table of contents and the cover page of this lease shall have no effect on its interpretations. END OF LEASE TERMS. COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO: By: Chairman,Board of Supervisors Mayor Dated: Dated: SIGNED AND CERTIFIED THAT A COPY ATTESTED TO: OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD By: EARLENE SPROAT, Clerk of the Board City Clerk of Supervisors Dated: By: Deputy APPROVED AS TO FORM AND LEGAL CONTENT: Date: JAMES F. PENMAN Approved as to Legal Form: By: ` ALAN K. MARKS,County Counsel By: Depu Dated: 1 9 EXHIBIT "A" -PREMISES LEASED 3250 HARRISON STREET,SAN BERNARDINO,CALIFORNIA LEGAL DESCRIPTION All of that portion of Lot 10, Block 6, Arrowhead Junction Tract as per plat thereof recorded in Book 12 of Maps, page 11, records of County Recorder, County of San Bernardino, and more particularly described as follows: Commencing at the intersection of the center lines of Harrison Street and Marshall Boulevard (formerly 27th Street) as said streets are shown on plat of said Arrowhead Junction Tract; thence Northerly along the center line of Harrison Street, 238.05 feet to a point; thence South 53° 33' 15" West, 37.08 feet more or less to a point in the West line of said Harrison Street, which said point is the true point of beginning; thence South 53° 33' 15" West, 185.41 feet; thence North 0° 26' 45" West, 277.61 feet; thence North 39° 12' 35" East, 235.06 feet, more or less to a point in the West line of said Harrison Street; thence Southerly along the West line of said Harrison Street to the point of beginning.