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HomeMy WebLinkAbout20- Public Works File No.: 15.06-121 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: ROGER G. HARDGRAVE Subject: RESOLUTION AUTHORIZING THE EXECUTION OF A LEASE RENEWAL --- San Dept: Public Works/Engineering A 44 ` ernardino Junior All—American Football, at Date: November 21, 1997 XYG,i� ii"x 1244 West Ninth Street Synopsis of Previous Council Action: 12/06/82 --- Execution of five year lease with San Bernardino Junior All-American Football, from 12/01//82 through 11/30/87. 04/04/88 --- Execution of five year lease with San Bernardino Junior All-American Football, from 12/01/87 through 11/3 0/92. 09/11/92 --- Execution of two year lease with San Bernardino Junior All-American Football, from 12/01/92 through 11/30/94. 03/30/95 --- Execution of three year First Amendment to lease with San Bernardino All- American Football, from 12/01/94 through 11/30/97. NOV 2 6 1997 Recommended Motion: Adopt the Resolution. cc : Fred Wilson, City Administrator Barbara Pachon, Finance Director Signature Jim Penman, City Attorney Contact Person: Bernard Castro Phone: 5328 Supporting data attached: Staff Report, Resolution, Map, Lease Ward: 6 FUNDING REQUIREMENTS: Amount: None Source (Acct. No.) N/A (Acct. Description) N/A Finance: Council Notes: Res 97- j ' V) 12/15/97 Agenda Item No. ao CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT The building at 1244 West 9" Street, currently leased to San Bernardino Junior All-American Football is located in Encanto Park, on the North side of Ninth Street, East of Mt. Vernon Avenue. The 1,800 square foot building being leased was previously used as a library. San Bernardino Junior All- American Football is utilizing the building for equipment storage and meeting room, and has continuously leased the building since 1982. They received a five-year lease extension in 1987 and a two year lease extension in 1992, which expired November 31, 1994. On March 30, 1995, the City of San Bernardino executed a three year lease extension with Junior All-American Football for One Hundred Dollars ($100.00) per month from December 1, 1994 through November 30, 1997. The building is in need of some repairs, but Junior All-American Football has agreed to lease it in "as is" condition, with the rent remaining at One Hundred Dollars ($100.00) per month. We recommend that the lease be renewed for a period of three years. ki a ,tll of 4f op At ,N N ,!!op .A►'M ,4f ratii R ,:�a • t w sC ' � ' O �� ! � ! � I ® ! O b W C O O �5 0 o a ,N •o � �= o' es► O it m. h a M � o z 1 00 N 1 V L N C • o JJ OWMMAVAM mow- 1 LEASE AGREEMENT-LEASE NO. 15.06-121 2 3 This Lease is made as of this day of , 199--__, by and between 4 the CITY OF SAN BERNARDINO, a municipal corporation, hereinafter referred to as 5 "Lessor", and SAN BERNARDINO JUNIOR ALL-AMERICAN FOOTBALL, hereinafter 6 referred to as "Lessee". 7 Recitals 8 This Lease is made and entered into with respect to the following facts: 9 10 WHEREAS, Lessor is the owner of the property herein described as a portion of Lot 8, 11 Block 19, Rancho San Bernardino, as per Map recorded in Book 7 of Maps, Page 2 records of 12 the County Recorder of San Bernardino County, and the structure commonly known as 1244 13 West Ninth Street; and 14 WHEREAS, said structure is not now needed for municipal use and is not considered 15 for municipal use during the term hereof; and 16 WHEREAS, Lessee desires the use of said structure, 17 18 NOW, THEREFORE, in consideration of the rental hereafter reserved and agreed to 19 be paid to Lessor by Lessee and the mutual promises, obligations, agreements and covenants 20 hereinafter set forth and the faithful performance thereof, the parties hereby mutually agree as 21 follows: 22 1. Property Leased. 23 Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, that certain 24 a 25 property and structure, as is, located East of Mt. Vernon Avenue, on the North side of Ninth 26 Street,commonly known as 1244 West Ninth Street, in the City of San Bernardino, County of 27 E MIT "A!' i 28 i 1 San Bernardino, State of California, together with the exclusive use of the parking facilities 2 adjoining said structure. Said property is attached Exhibit "A". 3 4 2. Term. 5 The term of this lease shall be for a period of three (3) years commencing December 1, 6 1997 and ending November 30, 2000. 7 3. Rental Payments. 8 9 Lessee agrees to pay and Lessor agrees to accept as rental for said premises during the 10 term hereof, a monthly rental of One Hundred dollars ($100.00). Said rental payments shall 11 be paid on or before the first Monday of each month and made payable to the Lessor, 12 Attention: Real Property Section, 300 North "D" Street, San Bernardino, CA 92418. 13 4. Use of Premises. 14 The premises are leased to the Lessee for use as an office, a meeting place, and for 15 storage of equipment, materials, and supplies utilized by Lessee. Lessee agrees not to use the 16 17 premises, nor to permit their use or the use of any part of them, for any other purpose. No 18 organized athletic contact shall be allowed on the premises. 19 5. Termination. 20 This Lease shall be terminable at the option of either party upon the service of thirty 21 (30) days advance written notice of such termination to the other party. Upon termination of 22 this Lease, Lessee shall surrender the property occupied by this Lease in as good condition as 23 it was at the time Lessee took possession, subject to the conditions herein set forth. 24 25 6. Improvements. 26 Lessee shall not make, or suffer to be made, any alterations to the leased premises, or 27 any part thereof, without the prior written consent of Lessor. Any and all alterations and/or 28 2 1 improvements made to the demised premises pursuant to this section shall, upon termination 2 of this Lease agreement, remain as a part of the premises and at no cost or obligation to the 3 Lessor. 4 5 7. Maintenance and Operation. 6 Lessee is familiar with the leased premises and has knowledge of the present 7 conditions that exist thereon. Lessee shall, at Lessee's own cost and expense, keep and 8 maintain all improvements thereon in good condition and repair, both as to the exterior and � 9 10 interior portions thereof. Lessee shall provide or cause to be provided, all security services, 11 custodial services, janitorial services, lawn maintenance services, and weed abatement 12 services that are required for the proper care and use of the premises. Lessee shall use all 13 reasonable precaution to prevent waste, damage or injury to the property. Lessor shall, at 14 any reasonable time, have the right to go upon the property and inspect and examine the same 15 relative to such maintenance and upkeep. 16 8. Utilities. 17 18 Lessee shall pay for all electricity, gas, water, refuse service, telephone service, and all 19 other services and utilities, including service installation fees and charges for such utilities 20 which are not or may hereafter be provided to the leased premises as to any charges or fees 21 accruing during the term of this Lease. If Lessee desires additional utilities and/or utility 22 services to the premises, Lessee must first obtain written consent from Lessor. 23 9. Ownership. 24 25 Lessee acknowledges Lessor's title, paramount interest and ownership of the subject 26 property, and Lessee agrees never to claim, challenge, or contest said title, ownership or 27 interest of Lessor. 28 3 1 2 10.Taxes/Possessory Interest. 3 Lessee covenants during the term of this Lease to pay, when due, all taxes and 4 assessments that may be assessed or imposed upon the Lessee's possessory interest in and to 5 6 the premises and upon personal property located on the leased premises. During Lessee's 7 possession and use of the leased premises, should any taxes thereon be assessed against 8 Lessor, Lessee agrees to indemnify Lessor thereon. 9 11. Amendment. 10 This agreement may be amended or modified only by written agreement signed by 11 both parties. 12 12. Insurance. 13 14 (a) Fire. Lessee agrees to procure and maintain in force during the term of this 15 agreement and any extension thereof, at its expense, a policy or policies of insurance whereby 16 the CITY OF SAN BERNARDINO will be named as the primary insured against loss or 17 damage to the leased premises, appurtenances and permanent equipment therein, resulting 18 from fire, windstorm and extended perils, in a minimum amount of$100,000.00. Damage 19 from lightning, vandalism malicious mischief and such perils ordinarily defined, as "extended 20 21 coverage" shall be included in such coverage. The insurance policy shall be issued in the 22 names of Lessor and Lessee. The insurance policy shall provide that any proceeds shall be 23 made payable solely to the Lessor, or, alternatively, to Lessor and Lessee, as their 24 interests may appear. 25 (b) Liability. Lessee agrees to procure and maintain in force during the term of this 26 lease and any extension thereof, at its expense, public liability insurance in companies and 27 28 4 I through brokers approved by Lessor through its Risk Manager, adequate to protect against _ 2 liability for damage claims through the Lessee's use of or arising out of the use of the leased 3 premises, in a minimum amount of ONE MILLION DOLLARS ($1,000,000.00) 4 combined single limit. Lessee shall provide to Lessor's Risk Management Division, an 5 6 annual policy of insurance,which includes: 7 1. The City of San Bernardino as an additional named insured; 8 2. The insurance company name,policy number,period of coverage and the amount 9 of insurance; 10 3. That the Real Property Section of the City of San Bernardino must be given notice, 11 in writing, at least thirty (30) days prior to cancellation, material change or refusal to renew 12 policy; and 13 4. Condition that Lessee's insurance will be primary to any coverage that Lessor may 14 15 have in effect. 16 Lessee agrees that, if such insurance policies are not kept in force during the term of 17 this lease, and any extension thereof, Lessor may have the option of one of the following: 18 (a) Procure the necessary insurance,pay the premium therefor, and that such premium ' 19 shall be repaid to Lessor as an additional rent installment for the month following the date on 20 which such premium is paid. 21 22 (b)Immediately declare this Lease in default, and terminate this Lease forthwith. 23 13. Damage by Fire, Earthquake or Calamity. 24 If by earthquake, flood or other similar calamity or act of God, or if by fire, act of war 25 or other similar cause, any existing improvements, or any improvements constructed by 26 Lessee on the leased property are destroyed or damaged to a substantial degree, Lessee shall 27 28 s 1 repair them when such repairs can be made in conformity with any applicable law, and if, 2 within ninety (90) days after the date when such destruction or damage occurs, Lessee has 3 not commenced repair or reconstruction, the Lessor may terminate this Lease upon forty- 4 five (45) days' written notice to Lessee. If so terminated, then Lessee shall, at its own 5 6 expense, and upon election by Lessor, forthwith remove any or all of the damaged 7 improvements. 8 14. Indemnification. 9 Lessee shall exercise its privileges under this Lease at its own risk. Lessee shall 10 indemnify and hold harmless Lessor, its elective and appointive boards, commissions, 11 officers, agents and employees from liability resulting from, arising out of, or in any way 12 13 connected with, the Lessee's operations under this agreement or Lessee's occupation of 14 the property, including claims resulting from the conduct of Lessee, its employees, It 15 invitees, guests or agents of Lessee, or Lessee's failure to perform its promises in connection 16 herewith. Lessee shall defend Lessor, its elective and appointive boards, commissions, 17 officers, agents, and employees from any suits or actions at law or in equity for damages 18 caused, or alleged to have been caused, by reason of any of Lessee's operations under this 19 agreement. Lessor shall not be liable to Lessee if Lessee's occupation or use of the property 20 is hindered or disturbed. 21 22 15. Notices. 23 All notices herein required shall be in writing and delivered in person or sent by 24 certified mail, postage prepaid, addressed as follows: 25 26 I � 27 28 6 B 4! I 3 1 2 3 LESSOR: LESSEE: 4 CITY OF SAN BERNARDINO SAN BERNARDINO JUNIOR ALL AMERICAN Real Property Section FOOTBALL 5 300 North "D" Street 1244 West 9th Street San Bernardino, CA 92418 San Bernardino, CA 92411 6 (714) 384-5111 (714) 889-7717 7 8 16. Condition of Property Upon Surrender. 9 Upon termination of this agreement, Lessee agrees to surrender the said property l 10 occupied under the Lease herein granted, in as good condition as same was at the time 11 of Lessee's original entry. Lessor may elect to take possession of and appropriate to itself 12 13 without payment any property of Lessee, or anyone claiming under Lessee, which Lessee 14 fails to remove after notice. 15 17. Severability. 16 In the event this agreement, or any portion thereof, should be determined to be 17 void, illegal or improper, for any reason whatever, all other portions of the agreement shall 18 remain fully enforceable to the extent possible after such determinations. 19 18. Default. 20 21 In the event Lessee shall be in default in the payment of rentals, taxes, or other charges 22 hereunder, or shall otherwise breach its covenants or obligations hereunder, and shall be and 23 remain in default for a period of thirty (30) days after written notice from Lessor to it of 24 such default, Lessor shall have the right and privilege of terminating this Lease and 25 declaring the same at an end, and of entering upon and taking possession of said premises, 26 and shall have the remedies now or hereafter provided by law for recovery of rent and/or 27 28 7 I taxes, repossession of the premises and damages occasioned by such default. If such default 2 should occur,then Lessor shall have the right to take possession of and appropriate to itself 3 without payment therefor, any property of Lessee or anyone claiming under him, then 4 remaining on said premises. 5 6 7 g 19. Effect of Lessor's Waiver. 9 Lessor's waiver of breach of one term, covenant, or condition of this Lease is not a 10 waiver of breach of others, nor of subsequent breach of the one waived. Lessor's acceptance 11 of rent installments after breach is not a waiver of the breach, except of breach of the 12 13 covenant to pay the rent installment or installments accepted. 14 20. Duty to Make Alterations,Additions or Changes Required by Law. -- 15 If, during the term of this Lease, any law, regulation, or rule requires that an 16 alteration, addition, or other change be made to the leased premises, the parties agree as 17 follows: 18 (a) If the alterations, additions, or changes are required as a result of Lessee's use of 19 the premises, Lessee will make them and bear all expense connected therewith. 20 21 (b) If the alterations, additions, or changes are required as a result of the condition or 22 nature of the premises at the time of execution of this Lease, not caused by use of the 23 premises by Lessee, Lessor will make them and bear all expense connected therewith. 24 21. Inspections. 25 Lessor, its agents, officers, or employees may enter upon the leased premises at such 26 reasonable times during Lessor's normal business hours as it deems necessary for the 27 28 8 1 purpose of inspection of the premises to determine whether the terms and conditions of this 2 Lease are being performed and kept by Lessee. 3 22.Non-Discrimination. 4 5 The Lessee hereby covenants by and for itself, its heirs, executors, administrators, 6 employees, agents, and assigns, and all persons claiming under or through it, that there shall 7 be no discrimination against or segregation of any person or group of persons, on account of 8 race, color, religion, sex, national origin, ancestry, age, or handicap, in the leasing, 9 subleasing, transferring, use, occupancy, tenure, or enjoyment of the premises herein leased, 10 nor shall the Lessor itself, or any person claiming under or through it, establish or permit any 11 such practice or practices of discrimination or segregation with reference to the selection, 12 13 location, number, use, or occupancy, of tenants, lessees, sublessees, subtenants, agents, 14 employees, assigns, or vendees in the premises herein leased. 15 23. Assignments: Sole Occupancy. 16 Lessee shall not assign this Lease or sublet the leased premises or any part thereof 17 without obtaining the prior written consent of the Lessor. The parties contemplate that 18 Lessee shall be the sole occupant of these premises, and the rental rate is established 19 based in part thereon. Any change in occupancy constitutes a material breach of this 20 21 agreement. 22 24. Eminent Domain. 23 If the whole of the leased premises, or so much thereof as to render the remainder 24 unusable for the purposes for which the same was leased, shall be taken under the power of 25 eminent domain, then this Lease shall terminate as of the date possession shall be so taken. 26 If less than the whole of the leased premises shall be taken under the power of eminent 27 28 9 I domain, and the remainder is usable for the leased purposes, then this Lease shall continue in 2 full force and effect and shall not be terminated by virtue of such taking and the parties 3 may waive the benefit of any law to the contrary, in which event the parties shall determine 4 5 if a partial abatement of the rent hereunder is justified. Any award made in eminent domain 6 proceedings for the taking or damaging of the leased premises in whole or in part shall be 7 paid to the Lessor (together with any other money which shall be or may be made available 8 for such purposes). 9 25. Lease_Breached by Lessee's Receivership, Assignment for Benefit of Creditors 10 Insolvency, or BankruptcV. 11 Appointment of a receiver to take possession of Lessee's assets, Lessee's general 12 assignment for benefit of creditors, or Lessee's insolvency or taking or suffering action under 13 the Bankruptcy Act is a breach of this Lease and shall terminate same. 14 26. Lease Applicable to Successors, Etc. 15 16 This Lease and the terms, covenants and conditions hereof apply to, and are binding 17 on the heirs, successors, executors, administrators and assigns of the parties hereto. 18 27. Entire Agreement/Lease. 19 This document represents the entire, total, and complete agreement and no other 20 written and/or oral agreements exist in this regard. 21 22 23 24 25 26 27 28 io 1 IN WITNESS WHEREOF,the parties hereto have executed this agreement on the date first above written. 2 3 LESSOR: CITY OF SAN BERNARDINO 4 5 DATED: 6 TOM MINOR, Mayor 7 8 ATTEST: 9 10 DATED: 11 RACHEL CLARK, City Clerk 12 13 LESSEE: SAN BERNARDINO JUNIOR ALL AMERICAN 14 FOOTBALL 15 DATED: By: 16 Title: 17 18 By: 19 Title: 20 21 22 Approved as to form and legal content: 23 JAMES F. PENMAN, 24 City Attorney 25 By. 26 27 28 tt . -_..�. .._3 1315 � •_ ;�: r 1r-r-.•_}.__� ; I Sri os ,b dw t tf swap ,sswr a/ ,1►ow q 40 05 0 r zz a N O . 7 �J O J i w a w a arssr _ K OCT O sa w N 1 N ark I 3Z O N � 1 It n ° o MMMJ EXMIT "A'