HomeMy WebLinkAboutContracts & Agreements_2-1995_CCv0001.pdf FOR TY USE ONLY
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M M C Dept. Contract Number
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A
County Department
Dept. Orgn. Contractor's License No.
Real Estate Services RNT RNT
County Department Contract Representative Ph. Ext. Amount of Contract
John Yuhas Proms` Mana er 2767
County of San Bernardino Fund Dept. I Organization Appr. Obj/Rev Source Activit I GRC/PROJ/JO6 Number
F A S AAA P N rp ENT 200 2905 1 55N31181
CONTRACT TRANSMITTAL Commodity Code I Estimated Payment Total by Fiscal Year
FY Amount I/D FY Amount I/D
Project Name.�Name
REDLANDS - Aginq
&C!U-kt_S�ev i c
es
111 W.
CONTRACTOR Cit of Redlands
Birth Date Federal ID No. or Social Security No.
Contractor's Representative Mar 'ie Pettus Adminis
D P1--
Address P. O. Box 3005 , Redlands, CA 92373
Phone ,(Ug) 798-754-5
Nature of Contract: (Briefly describe the general terms of the contract)
This Lease Contract is for a period of five(5)years with two (2) one-year options to extend. Leased premises
consist of 300 gross square feet. Office furnishings are provided in lieu of monthly rent.
CITY shall provide all interior and exterior maintenance to include grounds, and parking lot maintenance.
CITY to pay water, sewer, trash and all other utilities.
COUNTY to pay for its own telephone service.
(Attach this transmittal to all contracts not prepared on the "Standard Contract" form.)
Approved as to Legal Form
Reviewed as to Affirmative Action Reviewed for Processing
County Co'nsel W-
Agency Administrator/CAO
Date -
Date
Date
02-12294-000 Rev. 11,190 1
COUNTY OF SAN BERNARDINO
LEASE AGREEMENT
CITY: City of Redlands
Administrative Services Department
35 Cajon Street, Suite 200
Post Office Box 3005
Redlands, CA 92373
COUNTY: COUNTY OF SAN BERNARDINO
Public Works Group
Real Estate Services Department
825 East Third Street
San Bernardino, CA 92415-0832
PREMI[SES: 111 West Lugonia Avenue
Redlands, CA 92373
TERM OF LEASE: Five(5)years with two(2)one-year options
COMMENCEMENT DATE OF LEASE:
COST PER SQUARE FOOT: Furnishings are provided in Neu of monthly rent for the
first five years. $.66 per square foot during option period.
COUNTY CONTRACT NUMBER:
REVISION DATE: 03/22/95
DATE TYPED: 05/16/95
TABLE OF CONTENTS
PARAGRAPH CAPTION
I PARTIES PAGE
2 PREMISES LEASED 1
3 TERM 1
4 RENT I
5 OPTION TO EXTEND TERM 1
6 RETURN OF PREMISES 1
7 HOLDING OVER 1
8 TAXES 2
9 USE 2
10 HEALTH, SAFETY&FIRE CODE REQUIREMENTS 2
11 SIGNS 2
12 MAINTENANCE 2
13 ALTERATIONS 2
14 F CRMS 3
15 UTILITIES 3
16 HOLD HARMLESS 3
17 INSURANCE 4
18 DESTRUCTION OF PREMISES 4
19 CITY'S DEFAULT 4
20 COUNTY'S REMEDIES ON CITY'S DEFAULT 6
21 COUNTY'S DEFAULT 6
22 CITY'S REMEDIES ON COUNTY'S DEFAULT 6
23 CITY'S ACCESS TO PREMISES 6
24 NOTICES 7
25 INCORPORATION OF PRIOR AGREEMENT 8
26 WAIVERS 8
27 AMENDMENTS 8
28 SUCCESSORS 8
29 SEVERABILITY 9
30 TINE OF ESSENCE 9
31 QUIET ENJOYMENT 9
32 PROVISIONS ARE COVENANTS AND CONDITIONS 9
33 CONSENT 9
34 EXHIBITS 9
35 LAW 9
36 JURY TRIAL WAIVER 9
37 ATTORNEYS'FEES AND COSTS 9
38 VENUE 9
39 COUNTY'S RIGHT TO TERMINATE LEASE 10
40 CAPTIONS, TABLE OF CONTENTS& COVER PAGE 10
41 SURVIVAL 10
42 BROKER'S COMMISSIONS 10
43 ESTOPPEL CERTIFICATES 10
44 SUBORDINATION AND ATTORNMENT 10
45 INTERPRETATIONS I 1
SIGNATURES 12
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Exhibit "A"Leased Premise
r
LEASE AGREEMENT
VIBEREAS, the City of Redlands ("CITY"), has 300 square feet of vacant space in its
Redlands Senior Center located at 111 West Lugonia Avenue,Redlands, California, and;
WHEREAS, CITY is responsible for administrating and maintaining that space, and;
WHEREAS, the County of San Bernardino ("COUNTY"), through the Department of Aging
&Adult Services, desires to occupy the space in the CITY's building, and;
WHEREAS, the CITY desires to have approximately $12,000 of furnishings in lieu of rent for
utilization of the leased premises for sixty(60)months.
NOW, THEREFORE, CITY and County agree as follows:
follows:I. PARTIES: This lease is made between the CITY and COUNTY who agree as
2. PREMISES LEASED: CITY leases to COUNTY and COUNTY leases from CITY
300 square feet of the building, real property and other improvements ("Premises"), with the right to
use not less than three (3) parking spaces, including handicapped parking, and to have access but not
exclusive use of the senior facilities on the site, i.e., classroom and multi-purpose room, located at I11
West Lugonia Avenue and as described in Exhibit "A", including plans and specifications.
3• TERM: This lease shall commence on the date of execution by both parties and shall
continue thereafter for a period of sixty(60)full calendar months("initial term"), beginning the first full
calendar month following the date of execution by both parties.
4. In lieu of monetary rent, COUNTY will provide CITY new furnishings, as
shown on Exhibit "A", for COUNTY's use in the Premises, having a value of approximately Twelve
Thousand Eight Hundred Eighty-Six and 90/100 Dollars ($12,886.90), including 7.75% sales tax.
Furnishings are to be delivered prior to occupancy.
5. OPTION TO EXTEND TERM: CITY gives COUNTY the option to extend the
term of the lease on the same provisions and conditions, except for rent, for two (2) one-year periods
("extended terms")following expiration of the initial term, by COUNTY giving notice of its intention
to exercise the option to CITY prior to the expiration of the preceding term or during any holding over
pursuant to Paragraph 7 "HOLDING OVER Rent for both extended terms is Two Hundred and
00/100 Dollars($200.00)per month.
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.
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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
r to be a tenancy from month-to-month upon the same terms and conditions, excluding rent, as existed
and prevailed at the time of the expiration of the term of this lease. The rental amount will be Two
Hundred and 001100 Dollars ($200.00) per month as defined in Paragraph 5, "OPTION TO
EXTEND TERM".
8. TAXES: CITY shall pay all real property taxes, and general and special assessments
levied and assessed against the Premises.
9. USE. COUNTY shall occupy and use the Premises during the term hereof for the
purpose of the Department of Aging& Adult Services Program.
10, HEALTH SAFETY AND FIRE CODE RE UIREMENTS; As a condition
precedent to the existence of this lease, CITY at its sole expense will ensure the Premises meet the
applicable requirements of the Health, Safety, Fire and Building Codes for public and governmental
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 any way prejudiced or prevented due to changes in the ADA or the Health, Safety or Fire Codes of
Public Buildings, the CITY herein shall correct, update and comply with said changes at CITY's cost.
11. SIGNS: COUNTY will display from the windows and/or marquee of the Premises
only such sign or signs as are not prohibited by law.
12. MAINTENANCE:
a. CITY at its cost shall maintain in good condition all portions of the Premises,
including but not limited to the following:
(1) The structural parts of the building and other improvements that are a
part of the Premises, which structural parts include the foundations, bearing and exterior walls
(including glass and doors), subflooring, and roof,
(2) The electrical, plumbing, and sewage systems, including, without
limitation, those portions of the systems owned or controlled by CITY lying outside the Premises;
(3) Window frames, gutters, and downspouts on the building and other
improvements that are a part of the Premises;
(4) Air conditioner, heating and ventilating systems servicing the Premises;
(5) The grounds, including all parking areas and outside lighting, grass,
trees, shrubbery and other flora;
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ti (6) The servicing o
equipment attached to the facility, and; f fire extinguishers or any other fire suppression
(7) CITY shall perform interior maintenance and janitorial services at a time
and in a manner that will cause the least possible inconvenience, annoyance, or disturbance to
COUNTY.
b. CITY at its cost shall repair the Premises if they are damaged by(1) causes over
which COUNTY has no control; (2)acts or omissions of CITY, or its authorized representatives.
C. CITY shall have ten (10) days after notice from COUNTY to commence to
perform its obligation under this paragraph, except that CITY shall perform its obligations immediate)
if the nature of the problem presents a material hazard or emergency. If CITY does not perform its
obligations within the time limitations in this paragraph, p s
the obligations and have the right to be reimbursed or t4�Yta$erunotice and reasonably ex dorm
(including charges for COUNTY employees and equipment)in the performance of CITY's obligations
If CITY does not reimburse COUNTY within ten(10) days after demand from COUNTY, COUNTY
until CO
shall have the right to withhold from future rent due the sum COUNTY has expended COUNTY
is reimbursed in full. Any notice or demconcerning a material hazard or emergency may be made
and
orally by telephone or otherwise, provided that written confirmation is given within five (5) days after
the oral notice of demand is made. Such confirmation shall be made as provided in Paragraph 24,
„NOTICES."
13. ALTERATIONS: COUNTY shall not make any structural or exterior improvements
or alterations to the Premises without CITY's consent. Any such alterations made shall remain on and
be surrendered with the Premises on expiration or termination of the lease.
14. FITtirgES; 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, or the COUNTY in its sole discretion
may elect to surrender all or any part of such shelving, fixture, improvements and alterations to the
CITY, in which case COUNTY shall have no duty to restore the Premises. Any such election to
surrender must be in writing, but need not be accepted by CITY to be effective.
15. U CITIES: CITY shall furnish to the Premises and pay all service charges and
related taxes for water, trash, sewer and all other utilities. The COUNTY shall furnish and pay for its
own telephone service.
^S
E� 16. HOLD
HARMLESS.
a. COUN'T'Y agrees to indemnify CITY
for
personal injury, death or property damage resultinm the OrUNTy�negligeliability or nt acts o aomage for
on the Premises during the term of the lease. missions
b. CITY agrees to indemnify and hold harmless the COUNTY, its officers, agents,
volunteers and employees from any and all liabilities for in'Uury to
personto
upon the demised Premises arising out of any act or omissio of CITY,it agent oagin�te roperty to or.
17. INSURANCE:
a. COUNTY and CITY are both public entities and are self-insured.
b.
insurance. COUNTY and CITY will provide each other with a letter or certificate of self-
18. DESTRUCTION OF PRLNUSES:
a. If during the term of this lease, any casualty renders ten percent ( 0%) or less of, CITY shall commence restoration of
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the floor space of the Premises unusable for the purpose intended
the Premises within thirty (30) days of notice of the casualty and shall thereafter dillgently
sue
complete restoration of the Premises within a reasonable time. If CITY does notperformrthe
restoration obligations of this subparagraph within the time limitations set forth, COUNTY may, at its
option and in its sole discretion, after notice to CITY, perform the obligations and have the right to be
reimbursed for all sums it actually and reasonably expends (including charges for County employees
and equipment used) in the performance of CITY's obligations, or COUNTY may terminate this lease
by notice to CITY. If COUNTY performs CITY's obligations under this subparagraph, and CITY
does not reimburse COUNTY within thirty (30) days after demand from COUNTY, COUNTY shall
have the right to withhold from future rent due the sum COUNTY has expended until COUNTY is
reimbursed in full, or institute an action to collect the amount expended without first withholding rent
due.
b. If during the term of this lease, any casualty renders more than ten percent
(10%) but less than twenty-five percent (25%) of the floor space of the Premises unusable for the
Purpose intended, CITY shall commence restoration of the Premises within ninety (90) days of notice
of the casualty and shall thereafter diligently pursue complete restoration of the Premises within
reasonable time. If CITY does not perform the restoration obligations of this sub ara a
time limitations set forth, COUNTY P graph within the
may, at its option and its sole discretion, after notice to CITY,
perform the obligations and have the right to be reimbursed for the sum it actually and reasonably
expends (including charges for County employees and equipment used) in the performance of CITY's
obligations, or COUNTY may terminate this lease by notice to CITY. If COUNTY performs CITY's
obligations under this subparagraph, and CITY does not reimburse COUNTY within t 30 days
ager demand from COUNTY, COUNTY shall have the right to withhold from future rent due the sum
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COUNTY has expended until COUNTY is reimbursed in full, or institute an action to collect the
amount expended without first withholding rent due.
C. If during the term of this lease, any casualty renders at least twenty-five percent
(25%) but less than forty percent (40%) of the floor space of the Premises unusable for the purpose
intended, COUNTY shall, within thirty (30) days of the casualty and at its option and in its sole
discretion, terminate this lease by notice to CITY or request CITY to restore the Premises. If
COUNTY requests CITY to restore the Premises, the CITY shall either terminate this lease by notice
to COUNTY within ten (10) days of receiving COUNTY's request for restoration or commence
restoration of the Premises within ninety(90) days of receiving COUNTY's request for restoration and
thereafter diligently pursue complete restoration of the Premises within a reasonable time. If CITY
does not terminate the lease and does not perform the restoration obligations of this subparagraph
within the time limitations set forth, COUNTY may, at its option and in its sole discretion, after notice
to CITY, perform the obligations and have the right to be reimbursed for all sums it actually and
reasonably expends (including charges for County employees and equipment used) in the performance
of CITY's obligations, or COUNTY may terminate this lease by notice to CITY. If COUNTY
performs CITY's obligations under this subparagraph, and CITY does not reimburse COUNTY within
thirty (30) days after demand from COUNTY, COUNTY shall have the right to withhold from future
rent due the sum COUNTY has expended until COUNTY is reimbursed in full, or institute an action to
collect the amount expended without first withholding rent due.
d. If during the term of the lease, any casualty renders forty percent(40%) or more
of the floor space of the Premises unusable for the purpose intended, this lease shall be terminated as of
the date of the casualty. If the lease is terminated pursuant to this subparagraph, COUNTY shall have
a reasonable time to vacate the Premises and shall not be required to pay rent during the reasonable
time required to vacate the Premises.
e. In the event there is a destruction of a portion of the Premises as set out in
paragraphs "a", "b" and "c" above, there shall be an abatement or reduction of the rent between the
date of destruction and the date of completion of restoration or the date of termination of this lease,
whichever comes first. The abatement or reduction of the rent shall be in the percentage as the
percentage of unusable floor space. Unusable floor space for the purpose of calculating the percentage
of rent abatement or reduction shall include not only that floor space which is rendered unusable for the
purpose intended by the casualty itself, but any additional floor space which is not usable for the
purpose intended because of restoration or similar activities.
f. In the event there is a destruction of a portion of the Premises as set out in
paragraphs "a", "b" and "c" above, and the lease is not terminated because of such destruction, CITY
agrees to use any and all insurance proceeds received for said destruction in the restoration of the
Premises.
g. In the event CITY is required to restore the Premises as provided in this
paragraph, CITY shall restore, at CITY's expense, any structural or exterior improvements or
alterations to the Premises made by COUNTY pursuant to Paragraph 13, "ALTERATIONS", of
this lease but shall not be responsible for restoring any shelving, fixtures, or interior nonstructural
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improvements or alteration made by the COUNTY pursuant to
lease. Paragraph 14, "FIXTURES", of this
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h. It is the purpose and intent of thisarntshall _
initial responsibility for restoration of the Premises in the eventOf anyph to suchdestruction and notthe
determine the party responsible for the ultimate costs of such restoration.
i4. CITY'S DEFAULT; Except where another time limit is specifically provided, CITY
shall be in default of this lease if it fails or refuses to perform any material provisions of this lease that it
is obligated to perform if the failure to perform is not cured within t
default has been given by COUNTY to CITY. If the default cannot ybe3r0�nably be cured wier notice of thin
thirty (30) days, CITY shall not be in default of this lease if CITY commences to cure the default
within the thirty(30) day period and diligently and in good faith continues to cure the default.
E 20. COUNTY'S REMEDIES ON
CITY is in default, can terminate this lease or CIMS
an cure the default T:C COUNTY,
s cos anytime mer
anytime, by reason of CITY's default, pays any sum or does anact that requires the aCOUNTY at
sum, the sum paid by COUNTY syment of any
ly be due from CITY to COUNTY within five (5) days of notice of
such sum, and if paid at a later date shall bear interest at the maximum rate the COUNTY is permitted
by law to charge from the date the sum is paid by COUNTY until COUNTY is reimbursed by CITY.
If CITY fails to reimburse COUNTY as required by this paragraph, COUNTY shall have the fight t.
withhold from future rent due the sum COUNTY has paid until COUNTY is reimbursed in full for the
sum and interest on it. The remedies set forth in this paragraph are in addition to and do not in an
manner limit other remedies set forth in particular paragraphs of this lease. y
21, 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 CO
COUNTY's default ' such that more than may' provided, however, that if the nature of
thirty (30) days are reasonably required for its cure, then
COUNTY shall not be deemed to be in default if COUNTY
(30) day period and thereafter diligently prosecutes sucure to completion. Themmences such cure within
osaid se of thirty
notice requirement is to extend the notice requirements of the unlawful detainer statutes of Californias
22. CITY'S REIifVDIES ON COUNTY'S DEFAULT; In the event of any material
TY ate l
default by COUNwhich is not cured by COUNTY, CITY may, at its election, ten ate this ease
by ginhis g COUNTY thirty (30) days notice of termination. The purpose ice requirement is
to extend the notice requirement of the unlawful detainer statutes of Califoof tnot
rnia. On termination of the
lease for default pursuant to this paragraph, CITY shall have the right to recover from COUNTY only
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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 e
the time of termination of this lease, and; arned at
b. The worth, at the time of the award, of the amount by which the unpaid rent
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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 atter the time of award exceeds the amount of the loss of rent that CITY roves
could not have been reasonably avoided, and; p
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 thisara a
by
discounting the amount at the discount rate of the Federal Reserve Bank o San Francto biisco atpthe etime
of the award, plus one percent (M).
23. CITY'S ACCESS TO PREIVIISES; 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,
d. To post "for sale" signs at anytime during the term, to post "for rent" or "for
lease" signs during the last three(3)months of the term, and;
e. To show the Premises to prospective brokers, agents, buyers, tenants, lenders
or persons interested in an exchange, at anytime during the term.
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.
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24. 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 wriing and either
t
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 partyshall 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
i working days from the time of mailing if mailed as provided in this paragraph.
CITY's address: City of Redlands
Administrative Services Department
35 Cajon Street, Suite 200
Post Office Box 3005
Redlands, CA 92373
COUNTY's address: Public Works Group
Real Estate Services Department
825 East Third Street
San Bernardino, CA 92415-0832
b. If, at any time after the COUNTY accepts the Premises, the CITY assigns or
transfers a non-controlling interest of its rights in the Premises to a third party, CITY must notify
COUNTY of its action at least fifteen (15) COUNTY working days prior to completing any such
action.
C. If, at anytime after the COUNTY accepts the Premises, the CITY assigns or
transfers a controlling interest of its rights in the Premises to a third party, CITY must not COSY
of its action at least fifteen(15) COUNTY working days prior to completing any such action. The new
owner must provide COUNTY with evidence of completion of such action. The parties shall
immediately execute an amendment to this lease stating the change of ownership of the Premises.
25. INCORPQRATflN pp 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.
26. 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.
27. 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.
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28. SUCCESSORS: This lease shall inure to the benefit of and be binding upon the heirs,
executors, administrators, successors, and assigns of the parties hereto.
29. SEVERABILITY: 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.
30. TDM 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.
31. 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.
32. 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.
31 CONSENT: Whenever consent or approval of either party is required that party shall
not unreasonably withhold such consent or approval.
34. EXHIBITS: All exhibits referred to are attached to this lease and incorporated by
reference.
35. LAW: This lease shall be construed and interpreted in accordance with the laws of the
State of California.
36. JURY TRIAL WAIVER: CITY and COUNTY hereby waive their respective right
to trial by jury 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 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.
37. ATTORNEYS' FEES AND COSTS: If any legal action is instituted to enforce or
declare any party's rights hereunder, each party, regardless of which party is the prevailing party, must
bear its own costs and attorneys'fees. This paragraph shall not apply to those costs and attorneys' fees
directly arising from any third party legal action against a party hereto and payable under Paragraph
169 "HOLD HARMLESS".
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38. 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.
39. COUNTY'S RIGHT TO TERMINATE LEASE:, The COUNTY shall have the
right to terminate this lease at anytime whenever COUNTY, in its sole discretion, determines it would
be in COUNTYs 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 terminates this lease pursuant to this paragraph, the COUNTY shall have the fight to
receive from CITY only the following amounts under this lease:
a. The unused prorata value of the office furnishings calculated at Two Hundred
and 00/100 Dollars ($200.00) per month. For example, if the COUNTY had occupied the Premises
for twelve (12) months, the COUNTY would have received $2,400 ($200 x 12 months) of prorata
value of the office furnishings. Deducting this $2,400 from the $11,960 value of the office furnishings
would leave a balance of$9,560 that CITY would owe COUNTY.
b. The total amount which the COUNTY is entitled to receive under this
paragraph shall be paid in monthly installments of $200. The installment payments under this
paragraph shall commence on the date after the date of termination when the next rent would have
been due, and shall continue until the total amount is paid in full. No interest or service charge shall be
added to the total amount due.
40. 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.
41. SURVIVAL: The obligations of the parties which, by their nature, continue beyond
the term of this lease,will survive the termination of this lease.
42. BROKER'S COMMISSIONS: CITY is solely responsible for the payment of any
commissions to any broker who has negotiated or otherwise provided services in connection with this
lease.
41 ESTOPPEL CERTIFICATES: Each party within thirty (30) days after notice from
the other party, shall execute and deliver to other party, in recordable form, a certificate stating that this
lease is unmodified and in full force and effect, or in full force and effect as modified, and stating the
modifications. The certificate also shall state the amount of minimum monthly rent, the dates to which
the rent has been paid in advance, the amount of any security deposit or prepaid rent, and that there are
no uncured defaults or specifying in reasonable detail the nature of any uncured default claimed.
Failure to deliver the certificate within thirty(30)days shall be conclusive upon the party requesting the
certificate and any successor to the party requesting the certificate, that this lease is in full force and
10
effect and has not been modified except as may be represented by the party requesting the certificate,
and that there are no uncured defaults on the part of the party requesting the certificate. The estoppel
certificate shall be in the form provided by the County of San Bernardino.
44. SUBORDINATION AND AT17ORNMENT:
a. This lease is and shall be prior to any encumbrance now of record and any
encumbrance recorded after the date of this lease affecting the Premises.
b. If, however, a lender requires that this lease be subordinate to any such
encumbrance, this lease shall be subordinate to that encumbrance, if CITY first obtains from the lender
an agreement that provides substantially the following:
"As long as COUNTY performs its obligations under this lease, no foreclosure
of deed given in lieu of foreclosure or sale under the encumbrance, and no steps or procedures taken
under the encumbrance, shall effect COUNTY's rights under this lease.
"The provisions of Paragraph 18, "DESTRUCTION OF PREMISES", of
this lease, concerning the use of insurance proceeds on destruction of Premises, shall prevail over any
conflicting provisions in the encumbrance."
C. COUNTY shall attom to any purchaser at any foreclosure sale, or to any
grantee or transferee designated in any deed given in lieu of foreclosure.
d. COUNTY shall execute the agreement and any other documents required by
the lender to accomplish the purposes of this paragraph.
45. INTERPRETATIONS: As this agreement was jointly prepared by both parties, the
language in all parts of this agreement shall be construed, in all cases, according to its fair meaning, and
not for or against either party hereto.
END OF LEASE TERMS.
COUNTY OF SAN BERNARDINO CITY:
Chairman,Board of Supervisors
HPI
Dated: � Title: M _
t
SIGNED AND CERTIFIED THAT
A COPY OF THIS DOCUMENT Dated:
HAS BEEN DELIVERED TO ATTEST: m
THE CHAIRMAN OF THE BOARD
EARLENE SPROAT, Clerk of By: 5
the Board of Supervisors
a Title: LorrioC -Clerk
By: r :
oput-
'y'
x
Dated Dated: July 11, 1995
Approved as to Leg+— ' rm:
ALAN K. MARKS, County Counsel
By:
�De —=—
Dated:
12
EXHIBIT "A"
REDIANDS COMMUNITY CEITTER
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Non-exclusive Use .
2 , 068 square feet . Exclusive use
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- from 8 :00 a .m. until 1 :00 p.m.
The rest of the day
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(114
Premises tgMIt
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vices . 300 sq. ft .
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Own uRI
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List of Equipment for
Citv of Redlands
Quantity Catalog # Size Descriotion Price Each Total
40 RT 3672-F 36x72 Mity Lite Folding Tables 5195.00 $7,800.00
160 8070-18 18 1/2" Polyilex chair 26.00 $4,160.00
shell color 5 - tan
leg color 25 - tan
SUB-TOTAL $11,960.00*
7.75% SALES TAX $926.90**
TOTAL X12,886.90
Exhibit "A"
Rage 2 of 2