HomeMy WebLinkAboutContracts & Agreements_3-1995_CCv0001.pdf County of San Bernardino
HUMAN RESOURCESIRISK MANAGEMENT DtvlslON
222 West Hospitality Lane, Third Floor
Sart Bernardino, CA 92415-0016
PAMELA H.THOMPSON CERTIFICATE OF INSURANCE JAMES J. HI.AWEK
Risk Manager Assistant County Administrative Officer
OR SELF-INSURANCE t+axnon Resourcos
In the event of cancellation of the self-insurance programs or policies designated below, it is the Intent
of the County of San Bernardino to mail 30 days' pricer notice thereof to:
CITY OF REDLANDS
The County of San Bernardino certifies that the followki g self-insurance programs or insurance policies
are in force:
As respects County of San Bernardino Public Health Department WIC Program's
rental of the Community doom and Multi Purpose Froom located at 111 West Lugonla Avenue,
Redlands,CA from April 1, 1995 through September 30, 1995 on the 1 st, 2nd, 3rd, and 4th
Wednesd7 of e ch mo th from 7:30 until 4:30 p.m.
The County oSan Bernardino agrees to indemnify and hold harmless the City of Redlands, its
officers, employees, agents, and volunteers from any and all liabilities for injury to persons and
damage to property arising out of any negligent acts or omissions of the County, Its officers,
employees or volunteers In connection with meetings with clients of WIC Program.
COMPANY AND POLICYLIMITS OF LIABILITY
TYPE of CCIvt Cid POLICY NO. PERIOO ity Iniury �
Comprehensive
General Liability self insured indefinite
incl. Auto Liability $1,000,000 Comb ned Single Limits
Excess Comprehensive
General Liability
incl. Auto Liability
Airport Liability
Excess Airport
Liability
Workers' self-insured indefinite statutory no cover
Compensation
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This Certificate is not valid unless countersigned by an authorized representative of the County of San Bernardino,
Risk Management Division/Human Resources.
cc: Betsy Cline, WIC Program Mgr/Public Health Dept.
— -J ,
rut ariaed Re resentarive
For information regarding the above self-insurance programs or policies, please contact Risk Managerrranr rvision at(909) 386-8622.
04.53297-2 Rev.V94
LEASE
Preamble
This lease is made and entered into on Jan. 17, 19 95 by and between the City of Redlands,
a municipal corporation ("Landlord"), and San Bernardino County Department of Public Health
("Tenant").
Landlord,for and in consideration of the rent to be paid by Tenant and of the covenants and
provisions to be kept and performed by Tenant under this lease, hereby leases to Tenant, and Tenant
agrees to lease from Landlord, the following: the Multi-purpose (M.P.) room and meeting room
located at 111 West Lugonia Avenue, Redlands, California, and described on Exhibit "A" attached
hereto ("the Property").
ARTICLE 1. TERM OF LEASE
Original Term
Section 1.01. This lease shall be for a term of six (6) month, commencing at 12:01 a.m. on
April 1, 1995 ("Commencement Date"), and ending at 12:01 a.m. on September 30, 1995 ("Original
Term"), unless terminated earlier by Landlord by providing written notice of such cancellation to
Tenant thirty(30)days prior to date of cancellation.
ARTICLE 2. RENT
Minimum Rent
Section 2.01. Tenant agrees to pay Landlord, a fixed minimum rental for the use and
occupancy of the Premises (the "Minimum Rent"). The amount of Minimum Rent payable for
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each month during the Original Term Shall be $137. The Minimum Rent shall be paid in
advance for the six month period from April 1, 1995 to September 30, 1995. In order to receive
payment, a written invoice will be provided to the Tenant by the Landlord indicating specific
dates of use, the Minimum Rent and the total fee for the six month period. Minimum Rent for
partial calendar months occurring at the commencement and termination of the term of this lease
shall be prorated accordingly.
ARTICLE 3. USE OF PREMISES
Permitted Use
Section 3.01 During the term of this agreement the Premises shall be used for the
exclusive purpose of operating and conducting San Bernardino County Department of Public
Health WIC (Women-Infant-Children) programs, for uses normally incident to that purpose, and
for no other purpose. Tenant shall not use or permit the Premises to be used for any other
purpose, without the prior written consent of the Landlord.
Operation of Business
Section 3.02. During the term of this Lease, Tenant shall, unless prevented by conditions
beyond Tenant's control, conduct business of the type and nature in Section 3.01 of this lease on
the Premises in a diligent and business-like manner. The Premises shall be used the first, second,
third and fourth Wednesday of every month, from 7:30 a.m. to 4:30 p.m. In the event that
scheduling modifications are necessary, Tenant will make a 45 day advance schedule change
request to the Landlord indicating the proposed modification. Landlord will respond to this
request within two weeks of receipt.
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Insurance Hazards
Section 3.03. Tenant shall not commit or permit the commission of any acts on the
Premises nor use or permit the use of the Premises in any manner that will increase the existing
rates for or cause the cancellation of any fire, liability, or other insurance policy insuring the
Premises or the improvements on the Premises. Tenant shall, at its own cost and expense,
comply with any and all requirements of Landlord's insurance carriers necessary for the continued
maintenance at reasonable rates of fire and liability insurance policies on the Premises and the
improvements on the Premises.
Waste or Nuisance
Section 3.04. Tenant shall not comn-dt or permit the commission by others of any waste on the
Premises. Tenant shall not maintain, commit, or permit the maintenance or commission of any
nuisance on the Premises as defined in Civil Code Section 3479, and Tenant shall not use or
permit the use of the Premises for any unlawful purpose
Compliance with Laws
Section 3.05. Tenant shall, at Tenant's own cost and expense, comply with all statutes,
ordinances, regulations, and requirements of all governmental entities, both federal and state and
county or municipal, (including those requiring capital improvements to the Premises,) relating
to Tenant's use and occupancy of the Premises whether those statutes, ordinances, regulations,
and requirements are now in force or are subsequently enacted. The judgment of any court of
competent jurisdiction,or the admission by Tenant in a proceeding brought against Tenant by any
government entity, that Tenant has violated any such statute, ordinance, regulation, or
requirement shall be conclusive as between Landlord and Tenant and shall constitute grounds for
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termination of this lease by Landlord.
ARTICLE 4. TAXES AND UTILITIES
Utilities
Section 4.01. Landlord shall pay, and hold Tenant free and harmless from, all charges
for the furnishing of gas,water, sewer, electricity, garbage pickup and disposal,and other public
utilities to the Premises during the term of this lease. Telephone usage will be such that all calls
to WIC staff at the Landlord's facility will be limited in frequency and of an urgent nature.
Outgoing calls made by the on-site WIC staff will be done by pay phone.
ARTICLE 5. INDEMNITY AND INSURANCE
Section 5.01
The County of San Bernardino agrees to indemnify and hold harmless the Landlord, its officers,
employees, agents, and volunteers from any and all liabilities for injury to persons and damage
to property arising out of any negligent act or omission of the County, its officers, employees,
agents or volunteers in connection with the meetings with clients of the WIC Program.
(a) The tenant is a self-insured public entity. (See attachment B)
The City of Redlands agrees to indemnify and hold harmless the County of San Bernardino, its
officers, employees, agents, and volunteers from any and all liabilities for injury to persons and
damage to property arising out of any negligent act or omission of the City, its officers,
employees or volunteers in connection with the meetings with clients of the WIC Program.
(a) The Landlord is a self-insured public entity.
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ARTICLE 6. MISCELLANEOUS
Restriction Against Subletting or Assignment
Section 6.01. Tenant shall not encumber, assign, or otherwise transfer this Agreement,
any right or interest in this Agreement, or any right or interest in the Premises or any
improvements that may now or hereafter be constructed or installed on the Premises without first
obtaining the express written consent of Landlord. Tenant shall not sublet the Premises or any
part of the Premises or allow any other person , other than Tenant's agents, servants and
employees, to occupy the Premises or any part of the Premises without the prior written consent
of Landlord. The consent by Landlord to one assignment, one subletting, or one occupation of
the Premises by another person shall not be deemed to be a consent to any subsequent
assignment, subletting or occupation of the Premises by another person shall not be deemed to
be a consent to any subsequent assignment, subletting or occupation of the Premises by another
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person. Any encumbrance, assignment, transfer, or subletting without prior written consent of
Landlord, whether voluntary or involuntary, by operation of law or otherwise, is void and shall
be at the option of Landlord, terminate this Agreement. The consent of Landlord to any
assignment of Tenant's interest in this lease or the subletting by Tenant of the Premises or parts
of the Premises shall not be reasonably withheld.
Notices
Section 6.02. Except as otherwise expressly provided by law,any and all notices or other
communications required or permitted by this lease or by law to be served on or given to either
party to this lease by the other party to this lease shall be in writing and shall be deemed duly
served and given when personally delivered to the party to whom they are directed, or in lieu of
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personal service,when deposited in the United States mail,first-class postage pre-paid, addressed
to Tenant at
San Bernardino County Dept. of Public Health WIC Program
351 N. Mt. View Ave. , San Bernardino, CA 92415-0010
or to the Landlord at 35 Cajon Street, Suite 200, P. 0. Box 3005, Redlands, California, 92373.
Either party,tenant,or Landlord, may change its address for the purpose of this section by giving
written notice of that change to the other party in the manner provided in this section.
Entire Agreement
Section 6.03. This instrument constitutes the entire agreement between Landlord and
Tenant respecting the Premises,the leasing of the Premises to Tenant,or lease term created under
this lease, and correctly sets forth the obligations of Landlord and Tenant to each other as of its
date. Any agreements or representations respecting the Premises or their leasing by Landlord to
Tenant not expressly set forth in this instrument are null and void.
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Time of Essence
Section 6.04. Time is expressly declared to be of the essence in this lease.
Executed on Aug. 14, 1995, at Redlands, California.
CITY OF REDLANDS (LANDLORD) ATTEST:
Swen Larson, Mayor Cit Clerk
COUNTY OF SAN BERNARDINO - WIC PROGRAM
Cz—
Betsy Cline, WIC Program Manager
MN/Disk-Betsy/Redlands.wpd/6/28/95
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