HomeMy WebLinkAbout42- Public Works FILE NO. 15.06-121
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
ROGER G. HARDGRAVE,
From: Director Resolution Authorizing the execution of
i, rc ' a lease agreement with the Junior All
Dept: Public Works/Engineering American Football, Mesa Chapter, for the
property located at 1244 West 9th St.
Date: January 19, 1988
Synopsis of Previous Council action:
12/07/82 --- Resolution 82-485, authorizing the execution of a lease with the
Junior All American Football, Mesa Chapter, for the property located
at 1244 W. 9th Street, was adopted.
Recommended motion:
Adopt Resolution
cc: Raymond Schweitzer, City Administrator
Jim Penman , City Attorney i at
Contact person: Les Fogassy Phone: 5334
Supporting data attached:_ Staff Report,Resolution, AgreemenVVard: 6
FUNDING REQUIREMENTS: Amount: None
Source: LAcct. No. N/A
Acct. Description) N/A
Finance:
Council Notes:
75-o26z
Agenda Item No. '
Ch tf OF SAN BERNARD160 - REQUE:, r FOR COUNCIL ACTL..,N
STAFF REPORT
On December 7, 1982, your Honorable Body authorized the execution of a lease with
the Junior All American Football, Mesa Chapter, for the lease of City owned
property located at 1244 W. 9th Street. That lease was for a term of 5 years and
has now expired.
Junior All American would like to continue to lease the building from the City.
This department contacted the Parks and Recreation department, and they stated
that they had no present use for the building.
The lease that had expired, was at the rate of $50.00 per month. The new rate will
be $75.00 per month, and the lease will be for a term of 5 years.
1-19-88
75-0264
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1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
THE EXECUTION OF A LEASE WITH JUNIOR ALL AMERICAN FOOTBALL , MESA
3 CHAPTER, RELATING TO PROPERTY LOCATED AT 1244 WEST NINTH STREET.
4 BE IT RESOLVED BY THE MAJOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
5
SECTION 1 . The Mayor of the City of San Bernardino is
6
hereby authorized and directed to execute on behalf of said City
7
a Lease with Junior All American Football , Mesa Chapter , relat-
8
ing to property located at 1244 West Ninth Street , a copy of
9
which is attached hereto, marked Exhibit "A" and incorporated
10
herein by reference as fully as though set forth at length.
11 I HEREBY CERTIFY that the foregoing resolution was
12
duly adopted by the Mayor and Common Council of the City of San
13 meeting thereof , held on the
Bernardino at a g
14 day of 1988, by the following
'
15
vote, to wit :
16 AYES: Council Members
17
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18 NAYS:
19 ABSENT:
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20
21 j
City Clerk
22
The foregoing resolution is hereby approved this
23
day of 1988.
24 I
25
26 Mayor of the City of San Bernardino
27 Approved as to form and legal content .
28
City Attorney
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I I
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1 L E A S E
2 ( 1244 West Ninth Street )
3 THIS LEASE is made and entered into this day of
4 , 1988 , by and between the CITY OF SAN BERNARDINO, a
5 municipal corporation, referred to as "Lessor" , and JUNIOR ALL
6 AMERICAN FOOTBALL , MESA CHAPTER, referred to as "Lessee" .
7 WHEREAS, Lessor owns a certain parcel of real property
8 and structure commonly known as 1244 West Ninth Street in the
9 City of San Bernardino; and
10 WHEREAS , said structure is not now needed for municipal
11 use and is not contemplated for municipal use during the term
12 hereof ; and
13 WHEREAS, Lessee desires the use of said structure ,
14 NOW, THEREFORE, in consideration of the rental hereafter '
15 reserved and agreed to be paid to Lessor by Lessee and the mutual
16 promises , obligations , agreements and covenants hereinafter set
17 forth and the faithful performance thereof , the parties mutually
18 agree as follows :
19 1 . Property Leased. Lessor hereby leases to Lessee
20 that certain structure located generally East of Mt . Vernon
i
21 Avenue , North of Ninth Street , commonly known as 1244 West Ninth
22
Street , in the City of San Bernardino, County of San Bernardino,
23 State of California, together with the exclusive use of the
24 parking facilities adjoining said structure.
25 2 . Term. The term of this lease shall be for a
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period of five ( 5 ) years , beginning December 1 , 1987 , and ending
27 November 30, 1992 .
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28 3 . Rental Payments . Lessee agrees to pay and Lessor
I EXHIBIT "A
M -10 00 "
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I agrees to accept as rental for the said premises , during the term
2 hereof , a monthly rental of seventy-five dollars ( $75 . 00) . The
3 said rental payments shall be paid on or before the first Monday
4 of each month and made payable to the Lessor , Attention: Finance
5 Department , at the address hereinafter set forth throughout the
6 term of this lease .
7 4 . Use of Premises . The premises are leased to the
8 Lessee for use as an office , a meeting place , and for storage of
9 equipment , materials and supplies utilized by Lessee . Lessee
10 agrees not to use the premises , nor to permit their use or the
11 use of any part of them, for any other purpose . No organized
12 athletic contact shall be allowed on the premises .
13 5. Termination . This lease shall be terminable at the
14 option of either party upon the service of ninety (90) days '
15 advance written notice of such termination to the other party.
16 Upon termination of this lease , Lessee shall surrender the
17 property occupied by this lease in as good condition as same was
18 at the time of Lessee 's entry thereof , subject to the conditions
19 herein set forth .
20 6. Insurance .
21 (a) Fire . Lessee agrees to procure and maintain in
22 force during the term of this lease and any extension thereof , at
23 its expense , a policy or policies of insurance whereby the CITY
24 OF SAN BERNARDINO will be named as the primary insured against
25 loss or damage to the leased premises , appurtenances and
26 permanent equipment therein , resulting from fire , windstorm and
27 extended perils , in a minimum amount of $100 ,000 .00 . Damage from
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1 lightning , vandalism, malicious mischief and such perils
2 ordinarily defined as "extended coverage" shall be included in
3 such coverage . The insurance policy shall be issued in the names
4 of Lessor and Lessee . The insurance policy shall provide that
5 any proceeds shall be made payable solely to Lessor , or ,
6 alternatively, to Lessor and Lessee , as their interests may
7 appear .
8 (b) Liability. Lessee agrees to procure and
9 maintain in force during the term of this lease and any extension
10 thereof , at its expense , public liability insurance in companies
11 having a rating of Best 's Insurance Guide of "A" (General
12 Policyholder ) and "AA" (Financial ) ratings or better , adequate to
13 protect against liability for damage claims through Lessee 's use
14 of or arising out of accidents occurring in or around the leased
15 premises , in a minimum amount of $1 ,000 ,000 .00 combined single
16 limit . Lessee shall provide to Lessor ' s Real Property Division a
17 certificate of insurance and an additional insured endorsement
18 which provides:
19 (1) The City of San Bernardino shall be named
20 as an additional insured .
21 (2) The insured company name , policy number ,
22 period of coverage and the amount of insurance .
23 (3 ) That the Real Property Division of the
24 City of San Bernardino must be given notice in writing at least
25 thirty (30) days prior to cancellation , material change or
26 refusal to renew the policy.
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1 (4) That Lessee ' s insurance will be primary to
2 any coverage the City of San Bernardino may have in effect .
3 Lessee agrees that , if such insurance policies are not kept
4 in force during the term of this lease , and any extension
5 thereof , Lessor may have the option of one of the following :
6 (a) Procure the necessary insurance , pay the premium
7 therefor , and that such premium shall be repaid to Lessor as an
8 additional rent installment for the month following the date on
9 which such premium is paid .
10 (b) Immediately declare this lease in default , and
11 terminate this lease forthwith .
12 7 . Utilities . Lessee shall pay for all electricity,
13 gas , water , refuse service , telephone service , and all other
14 services and utilities including service installation fees and
15 charges for such utilities which are not or may hereafter be
16 provided to the leased premises as to any charges or fees
17 accruing during the term of this lease . If Lessee desires
18 additional utilities and/or utility services to the premises ,
19 Lessee must first obtain written consent from Lessor .
20 7. Taxes/Possessory Interest . Lessee covenants during
21 the term of this lease to pay, when due , all taxes and
22 assessments that may be assessed or imposed upon the Lessee 's
23 possessory interest in and to the premises and upon personal
24 property located on the leased premises . During Lessee 's
25 possession and use of the leased premises , should any taxes
26 thereon be assessed against Lessor , Lessee agrees to indemnify
27 Lessor therefrom.
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1 9 . Ownership. Lessee hereby acknowledges and accepts
2 the title and paramount ownership and interest of Lessor to the
3 said property and Lessee agrees not to claim , challenge or
4 contest said title , ownership and entire interest of Lessor .
5 10 . Maintenance and Operation . The Lessee is familiar
6 with the leased premises and has knowledge of the present
7 conditions that exist thereon . Lessee shall , at its own expense ,
8 maintain the leased premises and all improvements thereon in good
9 order , condition , and repair , both as to the exterior and
10 interior portions thereof . Lessee shall provide or cause to be
11 provided all security service , custodial service , janitorial
12 service , lawn maintenance service and weed abatement service
13 which is required for the proper care and use of the premises .
14 11 . No Waste ,_ Nuisancel_or_Unlawful Use . Lessee shall
15 not commit , or allow to be committed , any waste on the premises ,
16 or nuisance , nor shall it use or allow the premises to be used
17 for an unlawful purpose .
18 12 . Improvements . Lessee shall not make , or suffer to be
19 made , any alterations to the leased premises , or any part
20 thereof , without the prior written consent of Lessor . Any and
21 all alterations and/or improvements made to the leased premises
22 pursuant to this section shall , upon termination of this lease ,
23 remain as a part of the premises at no cost or obligation to the
24 Lessor .
25 13 . Dutv_to_Make Alter_ations ,_Additionsl_or_Changes
26 Required by Law. If , during the term of this lease , any law ,
27 regulation , or rule requires that an alteration , addition , or
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1 other change be made to the leased premises , the parties agree as
2 follows:
3 (a) If the alterations , additions , or changes are
4 required as a result of Lessee ' s use of the premises , Lessee will
5 make them and bear all expense connected therewith.
6 (b) If the alterations , additions , or changes are
7 required as a result of the condition or nature of the premises
8 at the time of execution of this lease , not caused by use of the
9 premises by Lessee , Lessor will make them and bear all expense
10 connected therewith.
11 14 . Defaults . In the event Lessee shall be in default in
12 the payment of rentals or other charges hereunder or shall
13 otherwise breach its covenants or obligations hereunder , and
14 shall be and remain in default for a period of thirty (30) days
15 after notice from Lessor to it of such default , Lessor shall have
16 the right and privilege of terminating this lease and declaring
17 the same at an end , and of entering upon and taking possession of
18 said premises , and shall have the remedies now or hereafter
19 provided by law for recovery of rent , repossession of the
20 premises and damages occasioned by such default . If such default
21 should occur , then Lessor shall have the right to take possession
22 of and appropriate to itself without payment therefor , any
23 property of Lessee or any one claiming under it , then remaining
24 on said premises .
25 15 . Inspections . Lessor , its agents , officers , or
26 employees may enter upon the leased premises at such reasonable
27 times during Lessor 's normal business hours as it deems necessary
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6
i
I for the purpose of inspection of the premises to determine
2 whether the terms and conditions of this lease are being
3 performed and kept by Lessee .
4 16 . Effect of Lessor ' s—Waiver . Lessor ' s waiver of breach
5 of one term, covenant , or condition of this lease is not a waiver
6 of breach of others , nor of subsequent breach of the one waived .
7 Lessor 's acceptance of rent installments after breach is not a
8 waiver of the breach, except of breach of the covenant to pay the
9 rent installment or installments accepted .
10 17 . Non-Discrimination . The Lessee hereby covenants by
11 and for itself , its heirs , executors , administrators , and
12 assigns , and all persons claiming under or through it that there
13 shall be no discrimination against or segregation of any person
14 or group of persons , on account of race , color , creed , national
15 origin , or ancestry, in the leasing , subleasing , transferring ,
16 use , occupancy, tenure , or enjoyment of the premises herein
17 leased nor shall the Lessor itself , or any person claiming under
18 or through it , establish or permit any such practice or practices
19 of discrimination or segregation with reference to the selection ,
20 location , number , use , or occupancy, of tenants , lessees ,
21 sublessees , subtenants , or vendees in the premises herein leased .
22 18 . Assignments__.Sole_occupancy. Lessee shall not assign
23 this lease or sublet the leased premises or any part thereof
24 without obtaining the prior written consent of the Lessor . The
25 parties contemplate that Lessee shall be the sole occupant of
26 these premises , and rental rate is established based in part
27 thereon . Any change in occupancy constitutes a material breach
28 of this agreement .
7
1 19 . Validity. If any one or more of the terms ,
2 provisions , promises , covenants , or conditions of this lease
3 shall to any extent be adjudged invalid , unenforceable , void , or
4 voidable for any reason whatsoever by a court of competent
5 jurisdiction , each and all of the remaining terms , provisions ,
6 promises , covenants , and conditions of this lease shall not be
7 affected thereby and shall be valid and enforceable to the
8 fullest extent permitted by law.
9 20 . Lease Applicable to Successors , etc . This lease and
10 the terms , covenants , and conditions hereof apply to and are
11 binding on the heirs , successors , executors , administrators , and
12 assigns of the parties hereto .
13 21 . Lease Breached by Lessee 's Receivership,-.Assignment
14 for Benefits._of Creditors , Insolvency, or Bankruptcy.
15 Appointment of a receiver to take possession of Lessee 's assets ,
16 Lessee 's general assignment for benefit of creditors , or Lessee ' s
17 insolvency or taking or suffering action under the Bankruptcy Act
18 is a breach of this lease and shall terminate same .
19 22• Eminent Domain. If the whole f the leased premises ,
20 or so much thereof as to render the remainder unusable for the
21 purposes for which the same was leased , shall be taken under the
22 power of eminent domain , then this lease s all terminate as of
23 the date possession shall be so taken . If less than the whole of
24 the leased premises shall be taken under t e power of eminent
25 domain , and the remainder is usable for th leased purposes , then
26 this lease shall continue in full force and effect and shall not
27 be terminated by virtue of such taking and the parties may waive
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1
1 the benefit of any law to the contrary , in which event the
2 parties shall determine if a partial abatement of the rent
3 hereunder is justified . Any award made in eminent domain
4
proceedings for the taking or damaging of the leased premises in
5 whole or in part shall be paid to the Lessor (together with any
6 other money which shall be or may be made available for such
7 purposes ) .
8 23 . Hold Harmless . Lessee hereby agrees to , and shall ,
9 hold Lessor , its elective and appointive boards , commissions ,
10 officers, agents and employees harmless from any liability for
11 damage or claims for damage for personal injury , including death,
12 as well as from claims for property damage , which may arise from
13 Lessee 's operations under this agreement , whether such operations
14 be by Lessee or by any one or more persons directly o-r indirectly
15 employed by or acting as agent for Lessee . Lessee agrees to and
16 shall defend Lessor and its elective and appointive boards ,
17 commissions , officers and employees from any suits or actions at
18 law or in equity for damages caused , or alleged to have been
19 caused , by reason of any of the aforesaid operations .
20 24 . Amendment . This lease may be amended or modified
21 only by written agreement signed by both parties hereto .
22 25 . Notices . All notices herein required shall be in
23 writing and delivered in person or sent by certified mail ,
24 postage prepaid , addressed as follows:
25 Lessor Lessee.
26 City of San Bernardino Junior All American Football
Real Property Section Mesa Chapter
27 300 North "D" Street 340 E . 17th Street
San Bernardino , CA 92418 San Bernardino , CA 92404
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1 26 . Entire-Agreement . This agreement represents the
2 entire agreement between the parties hereto , and said agreement
3 can only be amended by a written agreement executed by both
4 parties .
5 27 . Time of Essence . Time is of the essence herein .
6 IN WITNESS WHEREOF , the parties hereto have caused this
7 lease to be executed the day and year first above written .
8
CITY OF SAN BERNARDINO
9 ATTEST:
10 BY ------------- ---- - ----
_ Mayor
11 City Clerk
12
JUNIOR ALL AMERICAN FOOTBALL,
13 MESA CHAPTER
14
BY ----- ------
15
Title _— ------ --------
16
17 Approved as to form
and legal content:
18 1
20 Qiity Attorney
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