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Home My WebLink About22- Police CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Lee Dean , Chief of Police Subject: Request that the Mayor of the City of San Bernardino sign an Estoppel Dept: Police Certificate on behalf of the City of San Bernardino Date: 9-23-97 �� I Synopsis of Previous Council action: None OCT 0 7 1991 Recommended motion: That a motion be approved authorizing the Mayor to sign an Fstoppel Certificate on behalf of the City of San Bernardino. JV Signature Contact person: Lieutenant Wes Farmer Phone: 890-3591 Supporting data attached: yes Ward: FUNDING REQUIREMENTS: Amount: None Source: Finance: Council Notes: Res 97- '325 io a o 97 75-0262 Agenda Item No. 0 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT "The City of San Bernardino Police Department has received a request that an "Estoppel Certificate" be signed for the Police Community Service Office located at 1993 Diner's Court. The certificate further confirms the provisions of the original lease and is used by the property owner during a transfer of ownership to a new corporation. The certificate does not conflict with the original lease signed by Mayor Minor on August 21, 1996 (as authorized by Resolution 96-258). The certificate has been reviewed and approved as to form and content by the City Attorney." 71_n9Fa Estoppel Certificate Re : Lease Dated: 09/26/96 Commencement Date : 11/01/96 Termination --ate: 10/31/9? Landlord: Tri-Cities Investment Co. Tenant : Cit-.- of San Bernardino Police Community Servicie Premises : Site 1993 Appro::imately 1, 300 s:uare feet located at 1993 S . Diners Court, San Bernardino, CA 92-3 Mor.r-nly Rent : on Security Deposit: . 00 Mor nl Com.*r_�:n Area Maintenance C�ages . CE R.= FIC=.CE C'0,NTi_.JED PACE 2 FOLL0WI C Estoppel Certificate, Page 1 Aquitech, Inc. 625 S. San Pedro St. Los Angeles, CA 90014 Ladies and Gentlemen: The undersigned tenant under the above-referenced lease, ("Tenant"), hereby certifies as follows: 1 . The undersigned is the Tenant under the above-described lease (the "Lease") covering the above-referenced Premises ("Premises"). 2. The Lease is in full force and effect and constitutes a binding obligation of Tenant. The Lease constitutes the entire agreement between Landlord and Tenant with respect to the Premises and the Lease has not been modified, changed, altered or amended in any respect except as follows: 3. The lease commencement date, monthly rent, security deposit, and common area maintenance charges as set forth above are true and correct. 4. Tenant has accepted possession and is the actual occupant in possession and has not sublet, assigned or hypothecated or otherwise transferred the Lease. All improvements to be constructed on the Premises by Landlord have been completed to the satisfaction of Tenant and accepted by Tenant and any tenant construction allowances have been paid in full. All of the Landlord's obligations which have accrued prior to the date hereof have been performed. 5. Tenant is not entitled to any free rent, partial rent, rent rebates or other economic inducement or concession except as specifically set forth in the Lease. 6. Tenant has not assigned the Lease or sublet the Premises or any portion thereof. 7. Tenant does not have an option or right of first refusal or other right to purchase the Premises or the Property or any other interest in the Premises or the Property. 8. Tenant has no option or other right to renew, extend the Lease, or expand the Premises except as provided in the Lease. 9. All insurance required of Tenant under the lease has been provided by Tenant and all premiums paid. Estoppel Certificate, Page 2 10. As of the date of this Certificate, Tenant is not in default in the performance of the Lease, has not committed any breach of it, and no notice of default has been given to Tenant. 11 . As of the date of this Certificate, the Landlord is not in default in the performance of the Lease, has not committed any breach of it, and no notice of default has been given by Tenant to Landlord. 12. Tenant has no claim against the Landlord for any claim, deposit, or sums owed except for any amounts described above. 13. As of the date of this Certificate, Tenant has no defenses or offsets Tenant could allege in any action brought against Tenant for rents, or other amounts accruing under the Lease on or after the date of this Certificate. 14. Tenant makes this certificate with the understanding that Aquitech, Inc. or its assignee (the "Buyer') is considering buying the Property, and that if Buyer does purchase the Property, it will do so in material reliance on this Certificate. 15. Tenant agrees that, on Buyer's acquiring ownership, Tenant will attorn and does attorn to Buyer, agreeing to recognize Buyer as lessor under the Lease on the condition that Buyer agrees to recognize the Lease as long as Tenant is not in default. Date: j Name of Tenant: l Signature of Tenant or Authorized Person Estoppel Certificate, Page 3 X -13-97 07:49 909 890 3594 P.02 R-373 Job-625 0CT-13-1997 07:57 S E POLICE DEPT 909 890 3594 P.02iO4 LEASE FI LEASE is made and entered into this o3 6_)y- day of !996 , by and between TRI CITIES INVESTMENT COMPANY herein referred to as "Lessor" and THE CITY OF SAN BERNARDINO , herein referred to "Lessee" . The Lessor and uessee mutually agree that : 1 . Lessor is the owner of the premises described as 1993 S . Diners Court in the City of San Bernardino and desires to lease said premises to the Lessee for use as a community service office by the Police Department c= the City of San Bernardino, and for other lawful purposes as de�ermined by the Lessee . The Lessee desires _o lease said premises from the Lessor pursuant to the provisions seated herein. 2 . The Lessor leases to the Lessee, and the Lessee lets from the Lessor, as herein provided, the premises located at 1993 South Diners Court, City of San Bernardino, County of San Bernardino, State of California, and appurtenant rights . The Lessee shall have -:all and unimpaired access to the premises at all times and the nonexclusive right t,: use co=,= areas, including parking areas . 3 . The term of this lease shall be for one year, beg`nnr ng tiovember 1 _396 and ending October 31 1 1997 . 4 . The octal re:t for said premises shall be $1 . 00 (ore .dollar) annu l y. The Lessee shall not ce liable For other costs or expenses except as agreed tc nerein. pay-ment cr rent shall be made --o Lessor a" -55 West Ioso�tzyity Lar.e, Suite 250 , San Ben aTdir_o, California 92409 . S . The premises are leased to be used as a community service office fer the ?c'_ice Department of the City of San Bernardino or for any other -aw-ful public pu--poses . 6 . --he Lessor s:.all pay for _mll uti__ties furnished for o_ remises for the term c= this lease, including electz city, gas , water, and rubbish re;-oval . The Lessee shall pay for telephone sez-vice . OCT-13-97 07:49 909 890 3594 P.03 R-373 Job-625 OCT-13-1997 07:58 S B POLICE DEPT 909 890 3594 P.03/04 7 . The Lessee shall maintain all internal portions of the premises in good condition. The Lessor shall be responsible for the exterior of the building. The Lessee shall be liable for any damage to windows and doors above ordinary wear and tear resulting from the act or omission of the Lessee or it ' s authorized representatives . S . The Lessee shall have the right to install such fixtures as are necessary For the proposed use of the premises, and such fixtures shall not become part of the real property. 9 . The Lessee may make such repairs and improvements as are recn:ired to fit the premises for the proposed use . 10 . The Lessor agrees to procure and maintain in force during the term of this lease and any extension thereof, at it' s expense, fire insurance on the real property in an amount sufficient to protect the Lessor' s interest . 11 . The Lessee shall be responsible for any signage and may erect or display this sigr.age on the premises depicting the use Uf the premises . 1-2 . The Lessee shall hold the Lessor harmless from all damages arising out of any injury to any person or property occurring in, on or about the premises, except tae Lessor shall be _fable to t^e Lessee for damage resulting _rpm the acts or �1_1 iss_or_s cr the Lessor or duly authorized representatives , avid the "essor shall :cid the Lessee harmless from all damages iris=ng out cf any damage caused by the Lessor or the Lesscr' s authorized representatives . 13 . The Lessee shall have the right to terminate this lease for any reason by giving two week' s advance wr'_tter. notice to �he Lessor, and this lease small terminate two weeks thereazter. 14 . This lease may be amended or modified only by written agreement signed by both parties and failure on the cart of either party to enforce any provision of this lease shall not be construed as a waiver of the right to compel enforcement of such provision or provisions, nor act to release any surety from it ' s obligations under this lease . err+ 2 OCT-13-97 07:49 909 890 3594 P.04 R-373 Job-625 OCT-13-1997 07:58 S B POLICE DEPT 909 890 3594 P.04iO4 15 . All notices herein required shall be in writing and delivered in person or sent by certified mail, postage prepaid, return receipt requested, addressed as follows: "Lessor" "Lessee" TRI CITIES INVESTMENT Chief of Police 155 W. Hospitality Lane, 710 North D Street Suite 250 San Bernardino, CA 92401 San Bernardino, CA 92408 Attn: Cozette Durilap IN WITNESS THEREOF, the parties executed this _ease on the date first above written. LESSOR: TRI CITIES INVESTMENT COMPANY n y f 6 LESSEE. THE CITY OF SAN BERNARDINO l� Hy: =am inor, Mayor City of San Bernardino ATTEST: Cit lerk apprcved as to fora and legal content: James F. Penman City Attorney By: G --� 3