HomeMy WebLinkAboutContracts & Agreements_38-1998_CCv0001.pdf - -al necoras Countof
Ban Bernardino, Errol j, Macckz'UM, Recorrder
t , No Fee
Doc No . 19980390776
10 : 52am 09/ 15198
PLEASE COMPLETE THIS INFORMATION
RECORDING REQUESTED BY AND 205 20162395 02 18
WHEN RECORDED MAIL TO:
CITY CLERK'S OFFICE 1 2 3 4 S i 7 s +� 4
PG TEE APF 61MS pH CPT CR7 CPY ADD IN PEM pB PCOR
P.O.BOX 3045
REDLANDS, CA 92374 5
NOM ST LM SVY Wto TRAMS TAX DA CHAOEXAM
CITY OF REDLANDS LEES Nt3T REQUiR
PER GOVERNMENT t
LEASE AGREEMENT SECTION 6103
Preamble
This Agreement is made and entered into on July 21, 1998, by and between the City of
Redlands, a municipal corporation, ("Landlord"), and Friends of the Greenspot Scout House
("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 agreement, hereby rents to Tenant,
and Tenant agrees to rent from Landlord, the following: the Greenspot Scout House located at
Amethyst and Mill Creek Road, Mentone, California, (the "Premises").
ARTICLE L TERM OF AGREEMENT
Term
Section 1.01. This Agreement shall be for a term of five (5) 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 cancellation to other party thirty (30) days prior to the
end of the term.
ARTICLE 2. RENT
Minimum Rent
Section 2.01. Tenants shall pay to Landlord, a fixed rental payment for use of the
Premises. The amount of rent payable for the term is Five Hundred Dollars ($500.00) per year.
The rent shall be payable at the office of Landlord at 30 Cajon Street, Redlands, California, or at
any other place or places as Landlord may from time to time designate by written notice delivered
to Tenant.
Sa�
1
Tenant may perform in-kind services as an additional contribution for use of the Premises.
Responsibility for general maintenance, repairs and janitorial services shall be assumed by Tenant.
Landlord shall approve all major repairs and/or improvements prior to Tenants performance of
any work.
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 offering scout meetings, programs and other activities, for uses normally
incident to that purpose, and for no other purpose. The Tenant shall calendar all meetings,
programs and activities to be held on the Premises and shall provide a copy to the Community
Services Division of the Police Department. Landlord shall have the right to allow other
organizations to use the Premises on those dates Tenant does not have calendared meetings. Tenant
shall not use or permit the Premises to be used for any other purpose, without the prior written
consent of Landlord.
Operation of Business
Section 3.02 During the term of this Agreement, Tenant shall, unless prevented by
conditions beyond Tenant's control, conduct business of the type and nature specified in Section
3.01 of this Agreement on the Premises in a diligent and business-like manner. Tenant shall
schedule meetings and activities each month.
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 their 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 commit or permit the commission by others of any waste
sit hse
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.
ARTICLE 4. UTILITIES
Utilities
Section 4.01. Landlord shall pay, and hold Tenant free and harmless from, all charges for
the furnishing of water and sewer utilities to the Premises during the term of this Agreement.
Tenant shall pay, and hold Landlord free and harmless from, all charges for the furnishing of gas
electricity to the Premises during the term of this Agreement.
ARTICLE 5. INDEMNITY AND INSURANCE
Section 5.01. Tenant shall defend, indemnify, and save Landlord harmless from and
against any and all liability to Tenant and third parties resulting from Tenant, and its agents,
employees and invitees occupation and use of the Premises, specifically including without
limitation, any claim, liability, loss, or damage arising by reason of:
(a) The death or injury of any person or persons, including Tenant or any person who is
an employee or agent of Tenant, or by reason of the damage to or destruction of any property,
including property owned by Tenant or any person who is an employee or agent of Tenant, and
caused or allegedly caused by either the condition of the Premises, or some act or omission of
Tenant or of some agent, contractor, employee, servant, subtenant, or concessionaire of Tenant
on the Premises;
(b) Any work performed on the Premises or materials furnished to the Premises at the
insistence or request of Tenant or any agent or employee of Tenant, and
0 Tenant's failure to perform any provision of this Agreement or to comply with any
requirement of law or any requirement imposed on Landlord or the Premises by any duty
authorized governmental agency,
Public Liability and Property Damage Insurance
Section 5.02. Tenant shall, at its own cost and expense, procure and maintain during the
entire term of this Agreement public liability insurance and property damage insurance issued by
3
sd hse
an insurance company acceptable to Landlord and insuring Landlord against loss or liability caused
by or connected with Tenant's occupation and use of the Premises under this Agreement in
amounts not less than:
(a) Two Million Dollars ($2,000,000) for injury to or death of one person and, subject to
that limitation for the injury or death of one person, of not less than One Million Dollars
($1,000,000) for injury to or death of two or more persons as a result of any one accident or
incident; and
(b) Five Hundred Thousand Dollars ($500,000) for damage to or destruction of any
property of Tenant or others.
The insurance required under this section shall be issued by a responsible insurance
company or companies authorized to do business in California and shall be in a form reasonably
satisfactory to Landlord. Tenant shall concurrent with the execution of this Agreement by
Tenants, deposit with Landlord a certificate showing that insurance to be in full force and effect.
0 The insurance required by this section shall name Landlord as an additional insured and
such insurance shall be primary and non-contributing to any other insurance or self-insurance
maintained by Landlord.
Personal Property
Section 5.03. Tenant shall, during the full term of this Agreement and any renewals or
extensions thereof, maintain at Tenant's own cost and expense an insurance policy issued by a
reputable company authorized to conduct insurance business in California insuring for their full
insurable value all fixtures and equipment at any time during the term of this Agreement, in or on
the Premises against damage or destruction by fire, theft or the elements.
Cancellation Requirements
Section 5.05. Each of the insurance policies shall be in a form reasonably satisfactory
to Landlord and shall carry an endorsement that, before changing or canceling any policy, the
issuing insurance company shall give Landlord at least 30 days' prior written notice. Duplicate
originals or certificates of all such insurance policies shall be delivered to landlord.
ARTICLE 6. POSSESSORY INTEREST
Section 6.01. In accordance with California Revenue and Tax Code Section 107.6,
sethse 4
Landlord is hereby notifying Tenant that the leasehold interest created by this Lease may be
subject to property taxation and, Lessee may be subject to the payment of property taxes levied
on such interest Lessee shall be solelyresponsible for the payment of such taxes and shall
defend, indemnify hold Landlord harmless from and against any and all Maims or actions for
such taxes.
ARTICLE 7. MISCELLANEOUS
Restriction Against Subletting or Assignment
Section 7,01. Tenant shall not encumber, assign, or otherwise transfer this Agreement,
any right or interest in this Agreement, or any right or interest in the Premiss or any of the
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
past' of the Premises or allow any ether 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. 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 Agreement. The consent of Landlord to any assignment of Tenants' interest in this
lease or the sole by'Tenant of the Premises or parts of the Premises shalI not be unreasonably
withheld.
Attorneys' Fees
Section 7.42. If any litigation is commenced between the parties to this Agreement
concerning the Premises, this Agreement, or the rights and duties of either in relation to the
Premises or to this.Agreement, the party prevailing in that litigation shall be entitled to, in addition
to any other costs and relief that may be granted in the litigation, a:reasonable as and for its
attorneys' fees in that litigation that are determined by the court in that litigation or in a separate
action brought for that purpose.
set hse
Notices
Section 7.03. Except as otherwise expressly provided by law, any and all notices or other
communications required or permitted by this Agreement or by law to be served on or given to
all parties to this Agreement by the other party to this Agreement 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 115 S. La Salle, Redlands, CA 92374 or to Landlord at 35 Cajon
Street, Suite 200/P.4. Box 3005, Redlands, California, 92373. All parties, 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 7.04. This Agreement constitutes the entire agreement between Landlord and
Tenant respecting the Premises, the leasing of the Premises to Tenant, and the term created under
this Agreement, 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 renting by
Landlord to Tenant not expressly set forth in this instrument are null and void.
Time of Essence
Section 7.05. Time is expressly declared to be of the essence in this lease.
Executed on July 2,2 , 1998 , at Redlands, California.
CITY OF REDLANDS (LANDLORD) ATTEST:
Mayor, William E. Cun�jngham
FRIENDS OF TH E SPOT SCOUT HOUSE (TENANT)
Scout Mas
6
set hse
ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO SS
CITY OF REDLANDS
By the authority granted under Chapter 4, Article 3, Section 1181, of the California Civil Code,
and Chapter 2, Division 3, Section 40814, of the California Government Code, on July 22, 1998,
before me, Beatrice Sanchez, Deputy City Clerk, on behalf of Lorrie Poyzer, City Clerk of the
City of Redlands, California, personally appeared William E. Cunningham and Lorrie Poyzer
{ X} personally known to me - or - t I 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.
X
WITNESS my hand and official seal.
0 F
LORRIE POYZER, CITY CLERK
By:
�'��,f' RNI Beatrice Sanchez, De uty City Clerk
rtrt (909)798-7531
CAPACITY CLAIMED BY SIGNER(S)
Individual(s) signing for oneself/themselves
Corporate Officer(s)
Title(s)
Company
Partner(s)
Partnership
Attorney-In-Fact
Principal(s)
Trustee(s)
Trust
x Other
Title(s): Mayor and City Clerk
Entity Represented: City of Redlands, California
— — — — — — — — — — — —
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW:
Title or Type of Document: Lease Agreement
Number of Pages : eight Date of Document: July 21, 1998
Signer(s) Other Than Named Above: Scout Master
ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO SS
CITY OF REDLANDS
By the authority granted under Chapter 4, Article 3, Section 1181, of the California Civil Code,
and Chapter 2, Division 3, Section 40814, of the California Government Code, on September 3,
1998, before me, Beatrice Sanchez, Deputy City Clerk, on behalf of Lorrie Poyzer, City Clerk of
the City of Redlands, California, personally appeared Randy Lincoln t I personally known to
me - or - tx I proved to me on the basis of satisfactory evidence to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in his
authorized capacity and that by his signature on the instrument the person, or the entity upon
behalf of which the person acted, executed the instrument.
WITNESS my hand and official seat.
0
LORRIE POYZER, CITY CLERK
4. ON
88
By:
Beatrice Sanchez, Deputy City Clerk
OR (909)798-7531
CAPACITY CLAIMED BY SIGNER(S)
Individual(s) signing for oneselUthemselves
Corporate Officer(s)
Title(s)
Company
Partner(s)
Partnership
Attorney-In-Fact
Principal(s)
Trustee(s)
Trust
xj Other
Title(s): Scout Master
Entity Represented: Friends of the Greenspot Scout House
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW:
Title or Type of Document: Lease Agreement
Date of Document: July 21, 1998
Other Signers: Mayor William E. Cunningham and City Clerk Lorrie Poyzer