HomeMy WebLinkAboutContracts & Agreements_260-2006_CCv0001.pdf Recorded in official Records.. County of San Bernardino 12126/2006
LARRY WALKER 12:26 PM
UAuditor/Controller — Recorder
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poe#: 2006—0885709 Titles: 1 Pages: 10
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P.O. Box 3005 i PAID a.00
Redlands, CA 92373
FEES NOT REQUIRED
PER GOVERNMENT CODE
SECTION 6103
LEASE AGREEMENT
This Lease is made and entered into on November 21, 2006. by and between the City of
Redlands, a municipal corporation, ("Landlord"), and Friends of Scouting. Parents of Grayback
District Troop 3 ("Tenant"). Landlord and Tenant are sometimes referred to herein as a ``Party"
and, together, as the"Parties."
ARTICLE 1. PREMISES
Section 1.01 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 rents
to Tenant the following: The Greenspot Scout House (located on Assessor's Parcel No. 168-
341-02) located at Amethyst and State Route 38, Mentone,California (the"Premises").
ARTICLE 2. TERM OF LEASE
Section 2.01. This Lease shall be for a term of three (3) years, and shall be
automatically renewed for successive one (1) year terms, unless terminated by either Landlord or
Tenant by providing written notice of such termination to other Party, thirty (30) days prior to
the termination date.
ARTICLE 3. RENT
Section 3.01. Rent. Tenant shall pay to Landlord rent each year during the term of this
Lease in the amount of One Dollar ($1.00) (the "Rent''). The Rent shall be payable annually on
November 22"d at the office of Landlord at the Administrative Services Department, Suite 10, 35
Cajon Street, Redlands, California, or at any other place as Landlord may from time to time
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designate by written notice toTenant.
ARTICLE 4. USE OF PREMISES
Section 4.01. Permitted Use. During the term o[this Lease, the Premises sbu|| be used
by Tenant for the oV[s purpose of offering mo0u1 nuccbngm and programs, and uses incident to
those purposes. Landlord may also use the Premises during the Term of this Lease for
n:cncm1iono} programs and activities provided they do not conflict with calendared meetings or
activities ofTenant. Further, Tenant shall not use nrpermit the Premises, or any part thereof, for
the storage of hazardous or toxic chemicals or substances, or for any similar purpose.
Section4.02 Insurance. Prior to, and as an czponso condition of its occupancy of the
Premises, Tenant sbu|| obtain a policy of liability insurance pertaining to its uoiiviiicm on the
P,onnixcs, with policy |irnib inthe amount of $|,0O0,000. A copy ofthe policy ofinsurance
ohuJ1 be provided to Luud|onl by Tenant prior to Tco4n1`y occupancy of the Premises. The
insurance policy shall nunoc Landlord usuo uddiLiuuo| ingoncd^ and Tenant's insurance shall be
primary with roapcoi to any liability insurance or "self insurance" of Landlord. The insurance
shall not be canceled or modified during the Term of this Lcuac without thirty (30) days prior
written notice to Landlord. Tcnuoi shall not commit orpermit the commission of any acts on the
Premises nor use orpermit the use mfPremises inany manner that will increase the existing rates
for orcause the cancellation of any fire, liability orother insurance policy insuring the Premises
or the improvements on the Premises. Tenant shall, at its ovvo cost and expense, comply with
any and all ncquircmnco10 of Landlord's insurance carriers necessary for the continued
maintenance u1reasonable rates offire and liability |umunnncc policies on the Premises and the
improvements onthe Premises.
Section 4.03. Waste or Nuisance. Tenant shall not commit, orpermit the commission by
others., any waste ornuisance on the Premises. Tenant shall not maintain, commit urpermit the
maintenance 0rcommission of any nuisance on the Premises as defined in Civil Code Section
3479. and Tenant shall not use orpermit the use of the Premises for any unlawful purpose.
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Section 4.04. Compliance with Laws. Tenant shall, at Tenant's own uooL and expense,
comply with all statutes, ordinauces~ regulations and requirements of all governmental entities,
whether federal, state, county or municipal, 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 ofany 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 statue, ordinance, regulation or requirement vhu|\ be conclusive as between
Landlord and Tenant and shall constitute (-,rounds for termination of this Lease by Landlord.
ARTICLE 5, UTILITIES
Tenant'sSection 5.01. Tcnmm1 shall pay, and hold Landlord Urc and
bunn|cus from, all charges for utilities to the Premises including but not limited to vvutcr^
electricity, telephone and solid waste.
ARTICLE 6. ALTERATIONS AND REPAIRS
Section 6.01. Condition of Premises. Iconnt accepts the 9rc,oiyco, as well as the
improvements located onthe Premises, intheir present. -as is,"condition.
Section 6.02. Maintenance bv Tenant. Except as o<hrn*ia: expressly provided in this
Lcusc_ Tenant shall at its own cost and expense provide all routine maintenance for all portions
of the Prconimro and shall keep all portions of the Premises and all improvements located on the
Premises in oromd order and ncpuic~ reasonable wear and tear excepted: provided. however that
Tenant shall not undertake any repairs under gcncoui maintenance, cleaning and pointing without
prior written notice to, and the prior written consent of, Landlord.
Section 6.03. Alterations and Liens. Tenant shall not make ocpermit any other person
to make, any significant, structural alterations to the Premises or to any improvements on the
Premises without the prior written consent m7Landlord. 'Tenant shall keep the Premises free and
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clear from any and all liens. claims and demands for work performed, materials furnished or
operations conducted on the Premises. Furthermore, any and all alterations, additions and
improvements and fixtures, except furniture and trade fixtures, made or placed in or on the
Premises by Tenant or any other person shall, on expiration or earlier termination of this Lease,
become the property of Landlord and remain on the Premises.
Section 6.04. Surrender of Premises. On expiration or earlier termination of this Lease,
Tenant shall promptly surrender and deliver the Premises to Landlord in as good condition as at
the date of this Lease, excluding reasonable wear and tear, and repairs required under the terms
of this Lease.
ARTICLE 7. DEFAULT,ASSIGNMENT AND TERMINATION
Section '7.01. Restriction Against Subletting or Assignment. Tenant shall not encumber,
assign or otherwise transfer this Lease, any right or interest in this Lease, or any right or interest
in the Premises or any of the improvements that may now or hereafter be constructed or installed
on the Premises without first obtaining the express prior 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, invitees and employees to occupy the Premises or any part of the Premises
without the prior written consent of Landlord. 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. Any encumbrance, assignment,transfer or subletting without the prior written consent of
Landlord, whether voluntary or involuntary, by operation of law or otherwise, is void and shall at
the option of Landlord,terminate this Lease.
Section 7.02. Default Defined. The occurrence of the following shall constitute a default
and breach of this Lease by Tenant: failure by Tenant to observe and perform ally provision of
this Lease to be observed or performed by Tenant after written notice of Tenant's failure is given
by Landlord to Tenant.
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Section 7.03. Termination of Lease. In the event ofany default by Tenant under this
Lease, in addition to any other remedies available to Lnodk/nd under this Lease or in \uvv or in
equity, Landlord shall have the right toterminate this Lease and all rights 0fTenant hereunder 6y
giving written notice of the termination. However, prior to giving such written notice of
termination, Landlord shall give Tenant written notice of the default and provide Tenant thirty
(]O) days tocure such default. lfTenant fails tocure the default within the thirty (30) days, then
Landlord may proceed with the written notice of termination. No act of Landlord shall be
construed osterminating this Lease except written notice given by Landlord toTenant advising
Tenant that Landlord elects 10terminate the Lease.
Section 7.04. Landlord*s Right to Cure Tenant Defaults. |[Tenant breaches orfails to
perform any of the covenants or provisions of this Lease, Landlord may, but shall not be required
to, cure Touun(`sbreach. Any sum expended byLandlord, with the then maximum legal rate of
interest, ahm|| be reimbursed by Tenant to iund\onj with the uc»t due rent payment under this
Lease.
Remedies.Section 7.05. Cumulative The remedies granted to iuod|ovd in this icuyc
shall not hcexclusive but shall be cumulative and ioaddition (oall remedies now orhereafter
allowed by (ow or provided in this Lease.
Waiver.Section 7.06. Non-Continuing 'The waiver ofLandlord ofany breach byTenant
nfany nfthe provisions ofthis Lease shall not constitute acontinuing waiver ofowaiver ofany
subsequent breach by Tenant wither of the sarne or another provision of this Lease.
ARTICLE 8. MISCELLANEOUS
Section 8.01. Force Majeure — Unavoidable Delays. If the performance of any act
required by this Lease to be performed by either Landlord or Tenant is prevented ordelayed by
reason of an Act of God, strike, lockout., labor trouble, inability to secure materials. restrictive
governmental laws or regulations or any other cause except financial inability that is not the fault
of the Party required to perform the act, the time for performance of the act will be extended for
a period equivalent to the period of delay, and performance of the act during the period of delay
will be excused. However, nothing contained in this section shall excuse the prompt payment of
rent by Tenant required by this Lease or the performance of any act rendered difficulty solely
because of the financial condition of the party required to perform the act.
Section 8.02. Attorneys' Fees. If any action is commenced to enforce or interpret the
terms and conditions of this Lease, the prevailing Party shall, in addition to any costs and other
relief, be entitled to recovery of, its reasonable attorneys' fees, including fees for the use of in-
house counsel by a Party.
Section 8.03. Interpretation. The Parties have agreed to the language of this Lease.
Therefore, any ambiguity in the Lease shall not be resolved by a rule of interpretation providing
for construction against the creator of the ambiguity.
Section 8.04. Notices. 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 any Party to this Lease by the other Party. 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
personal service, when deposited in the United States mail, first-class postage pre-paid.,
addressed to Tenant at 133 E. Vine St. Redlands92373 or to Landlord at 35 Cajon Street,
P.O. 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.
Section 8.05. Entire Agreement. This Lease constitutes the entire agreement between
Landlord and Tenant respecting the Premises, the leasing of the Premises to Tenant and the term
created under this Lease, and correctly sets forth the obligations of Landlord and Tenant to each
DJM St. f=,ctLetase iib
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other as of its date. Any agreements or representations respecting the Premises or their leasing
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by Landlord to Tenant not expressly set forth in this Lease are null and void. This Lease may be
amended only by written agreement signed by the Parties.
Section 8.06. Possessory Interest. Tenant shall pay any and all taxes and assessments
which may, during the term of this Lease, be levied or assessed on the personal property or
business owned by Tenant and located on the Premises. Tenant acknowledges and agrees that, in
accordance with California Revenue and Tax Code Section 107.6, the Premises may be subject
to property taxation and that Tenant may be deemed to have a possessory interest in such
property and may be subject to the payment of property taxes levied on such interest unless an
applicable exemption exists. Landlord shall have no obligation to pay any taxes levied upon the
Premises.
Section 8.07. Hold Harmless. Defense Obligation and Indemnity. Tenant shall defend,
indemnify and hold Landlord. and Landlord's elected officials, officers and employees free and
harmless from and against any and all losses, claims, damages, actions, causes of action, costs,
property damage and injuries, including death, and any attorneys' fees, arising out of or resulting
in connection with Tenant's, and its employees% agents* and invitees' use or occupancy of the
Premises and any attendant activities undertaken by any of them during the term of this Lease.
Executed on this 22 I't day of November. 2006, at Redlands,California.
CITY OF REDLANDS (LANDLORD) ATTEST:
M or C* Clerk
FRIENDS OF SCOUTING, PARENTS OF GRAYBACK DISTRICT TROOP
DMA,rev-x's S-,Ah-seW-06
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ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO SS
CITY OF REDLANDS
By the authority granted under Chapter 4, Article 3, Section 118 1, of the California Civil Code, and
Chapter 2, Division 3, Section 40814, of the California Government Code, on November 21, 2006,
before me, Teresa Ballinger, Assistant City Clerk, on behalf of Lorne Poyzer, City Clerk of the City
of Redlands, California, personally appeared Jon Harrison and Lorrie Poyzer { X} personally known
to me - or - 1, 1 proved to me on the basis of satisfactory evidence to be the persons whose names
are subscribed to the within instrument and acknowledged to me that they executed the same in their
authorized capacities and that by their signatures on the instrument the persons, or the entity upon
behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal.
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LORRIE POYZER, CITY CLERK
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By: ",J
sl- Teresa Ballinger, Assistant Citv'Clerk
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(909)798-7531
111111110V----------—--------- -------- ----------------
CAPACITY CLAIMED BY SIGNER(S)
Individual(s) signing for oneselUthemselves
Corporate Officer(s)
Title(s)
Company
Partner(s)
Partnership
Attorney-In-Fact
Principa](s)
Trustee(s)
Trust
x Other
Title(s): Mayor and City Clerk
Entity Represented: City of Redlands, a municipal corporation
------------------------------------------------------------
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW:
Title or Type The Greenspot Scout House
. of Document: Lease Agreement
Date of Document: November 21, 2006
Signer(s) Other Than Named Above: Kevin Connor, Friends of Scouting, Parents of Grayback
District Troop 3. Tenant
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Kevin Connor
Committee Chairperson
Notary Required
pR3 hs�nx�t � th:a:rl se iit, p
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of California
ss.
County of jar��.�r^di nc �y
( On _ , before me, aUr'e,4 9lt?f Notary Public.
^, Date Name and Title of Officer(e.g„"Jane Doe,Notary Public") —
personally appeared ,1,' C hurt ter '
Name(s)of Signer(s)
ersonally known to me
f_I proved to me on the basis of satisfactory
evidence
to be the person(sj whose name(s) O/afe
subscribed to the within instrument and
acknowledged to me that 4�W/sem executed
the same in 15 iMQ4t authorized
LAMLcapacity(ie , and that by 7i /hew,t4eir
Commission#1502356 1 signature(s}-on the instrument the person*, or
HOkW Od the entity upon behalf of which the person(sj-
Son Bemarcino County acted, executed the instrument.
My Comm.Expires Jul 20,2008
WITN SS my hand and official seal.
P kL ----
Place Notary Seat Above S- nature of Notary Public
OPTIONAL
61 Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document. ,
Description of Attached ocument /,
Title or Type of Document: e _ (� V11, iLsfS _
Document Date: 121 /aCn _________— Number of Pages:
Signer(s) Other Than Named Above: #Iyon V- _Cl,L_- 01 c,-"-
Capacity(ies) Claimed by Si er
Signer's Name: ..--_` j'r, L`�---- - - --------------------- N 04
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Individual Top of thumb here
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Corporate Officer—Title(s): --___-----_________-___. .. _.._,_._ __.._._...___ •
Partner—Cl Limited 1. General
F Attorney in Fact
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El Guardian or nservator
L1✓Other: Q v?n�7 rye,,
Signer Is Representing: _ �3
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