HomeMy WebLinkAboutContracts & Agreements_203a-2008_CCv0001.pdf Recorded in Offlclal Records,County of San Bernardino 2M2=
LARRY WALKER MA AM
• MA '
Auditor/Controller — Recorder
RECORDING REQUESTED BY AND R Regular Mail
WHEN RECORDED RETURN TO:
Doc#: 2009—0051038 Titles: 1 Pages: 5
CITY CLERK'S OFFICE Fees 0.00
CITY OF REDLANDS Taxes 9.00
P.O. BOX 3005 other 0.00
REDLANDS, CA 92373 PAID $8.0e
FEES NOT REQUIRED (Space Above Line for Recorder's Use Only)
PER GOVERNMENT CODE
SECTION 6103
FIRST AMENDMENT TO LEASE AGREEMENT
This first amendment to the lease agreement(the "Lease") dated April 3, 2001, by and between
the City of Redlands, a municipal corporation("Landlord"), and Grove High School, a Charter school
located in the Redlands Unified School District("Tenant"), is made effective this 2nd day of December,
2008.
RECITALS
WHEREAS, Landlord and Tenant are parties to the Lease, recorded on April 20, 2001 as
document number 20010149127 in the official records of the County of San Bernardino, which
authorizes Tenant to conduct educational programs on certain property (the "Premises") located in
Landlord's "Heritage Park;" and
WHEREAS, pursuant to section 5.04 of the Lease, Tenant may not make, or permit any other
persons to make, any structural alteration to the Premises without the prior written consent of
Landlord; and
WHEREAS, it is the desire of Landlord and Tenant to amend the Lease to permit Tenant to
locate a Tenant-owned structure commonly known as the"Barton School House" on the Premises, and
to make certain improvements thereto;
NOW, THEREFORE, in consideration of the mutual promises contained herein, the City of
Redlands and Grove High School agree to amend the Lease as follows:
AGREEMENT
Section 1. Section 3.01 of the Lease,entitled"Permitted Use," is hereby amended to read as
follows:
"During the term of this Lease, the Premises shall be used solely for(1) educational purposes,
including but not necessary limited to, agricultural and science studies based on the operation of a
working farm with crops and farm animals and attendant activities; and(2)with specific respect to the
"Barton School House," if located upon the Premises, such structure may be used for education
purposes, landlord-approved community meetings sponsored by non-profit organizations, and other
meetings and events approved by Landlord."
Section 2. Section 5.02 of the Lease, entitled"Maintenance by Landlord," is hereby amended
to read as follows:
16agreementslamendment-Grove High School.doc 1
"Except for the Tenant-owned structure commonly known as the "Barton School House" and
any improvements constructed by Tenant that are associated therewith, Landlord shall at its own cost
and expense maintain in good condition and repair the structural elements of the Premises. Tenant
shall at is own cost and expense maintain in good condition and repair the structural elements of the
"Barton School House"and the improvements associated therewith. For purposes of this section,
`structural element' shall mean,with respect to any improvements on the Premises,the exterior roofs,
exterior walls, structural supports and foundations. Notwithstanding the foregoing, Landlord shall not
be liable for any damages to Tenant or the property of Tenant resulting from Landlord's failure to
make any repairs required by this section unless written notice of the need for those repairs has been
given to Landlord by Tenant and Landlord has failed for a period thirty(30)days after receipt of the
notice, unless prevented by causes not the fault of Landlord,to make the needed repairs.
Notwithstanding anything in this section to the contrary,Tenant shall promptly reimburse Landlord for
the full cost of any repairs made pursuant to this section required because of the negligent or other
fault, other than normal and proper use, of Tenant or its employees, agents and subtenants, if any."
Section 3. Section 5.03 of the Lease, entitled"Maintenance by Tenant," is hereby amended to
read as follows:
"Except as otherwise expressly provided in section 5.02 of this Lease, Tenant shall(1) at its
own cost and expense provide all routine maintenance for all portions of the Premises and shall keep
all portions of the Premises and all improvements located on the Premises in good order and repair and
in as safe and clean a condition as they were when received by Tenant from Landlord,reasonable wear
and tear excepted; and(2)except with respect to the "Barton School House," shall not undertake any
repairs other than general maintenance, cleaning and painting without prior written notice to, and prior
written consent of,Landlord."
Section 4. Section 5.04 of the Lease,entitled"Alterations and Liens," is hereby amended to
read as follows:
"Except as proved in the subsections below,Tenant shall not make or permit any other person
to make, any significant structural alterations to the Premises or to any improvements on the Premises
without the prior written consent of Landlord. Landlord shall not unreasonably withhold its consent.
Tenant shall keep the Premises free and 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, improvements and fixtures,except fin-niture 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.
A. Location of"Barton School House." Landlord hereby grants permission to Tenant to
locate the Tenant-owned structure commonly known as the"Barton School House"on the
site shown on the map of the Premises which is attached hereto as Exhibit"A" and
incorporated herein by this reference. Tenant shall be solely responsible,at Tenant's sole
cost, for the preparation of all plans and for grading the site prior to location of the Barton
School House on the Premises, and obtaining all necessary City of Redlands permits and
approvals.
B. Security for the"Barton School House." Upon location of the Barton School House on
the Premises, Tenant shall be responsible for securing the structure through the use of
construction fencing, or other means approved by Landlord, to protect the structure
against threats and harm of fire, wind damage, theft, vandalism and graffiti."
Wagreementslarnendrnent-Grove High School.doc 2
IN WITNESS WHEREOF,the parties have executed this Agreement as of the date and year
first written above.
CITY OF REDLANDS (Landlord) GROVE HIGH SCHOOL (Tenant)
T By:
By. /Mayor
rison Gena Enge ri d
ATTEST:
B �
orrie Pay
City Clerk
H.tagreements?nmendment-Grove High School.doc 3
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 December 2, 2008, before
me, Lisa Caldera, Administrative Assistant, on behalf of Lorne Poyzer, City Clerk of the City of
Redlands, California, personally appeared Jon Harrison, Mayor and Lorrie Poyzer, City Clerk who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)Ware subscribed to
the within instrument and acknowledged to me that he�slte�they executed the same in his/he their
authorized capacity(ies) and that by his�hefheir signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
�owul If WITNESS my hand and official seal.
E D(
1 OftAre LORRIE POYZER, CITY CLERK
J
By./A�'
tis/a Caldera, Administrative Assistant
(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, a municipal corporation
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW:
Title or Type of Document: First Amendment to Lease Agreement
Date of Document: December.), 2008
Signer(s) Other Than Named Above: Grove High School, Gena Engelfiried, Tenant
ACKNOWLEDGMENT
State of California
County of San Bernardino
on February 3, 2009 before me, Janice McConnell, Notary Public
(insert name and title of the officer)
personally appeared Gena Engelfried
who proved to me on the basis of satisfactory evidence to be the person4sywhose name(a�ris/am-
subscribed to the within instrument and acknowledged to me that.Wshe/they executed the same in
,41s/her/th4ir authorized capacity(jes), and that by hif/her/their signature(sj'on the instrument the
personK or the entity upon behalf of which the personoracted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal. c C w its
Signature (Seal)
Proclamation - Charles H. Beeman - On motion of Councilmember Gilbreath,
seconded by Councilmember Gallagher, the City Council unanimously
authorized issuance of a proclamation conirrienduw Charles H. Beeman for his
conscientious 25 years of service dedicated to public education and to the youth
in our community In his service as a San Bernardino Community College
District trustee.
Proclamation - National Family Caregivers Month - On motion of
Councilmember Gilbreath, seconded by Councilmember Gallagher, the City
Council unanimously authorized issuance of a proclamation declaring
November 2008 as National Family Carcgivers Nfonth.
Agreernent - Cost Distribution for Traffic 5j
-�jguals - On motion of
Councilmember Gilbreath, seconded by Councilmember Gallagher, the City
Council unannuously approved a cost distribution agreement for traffic signals
and lighting with the State of California, Department of Transportation
(Caltrans), for the two traffic signals on Sixth Street on the eastbound and
westbound 1-10 Freeway ramps and authorized the Mayor to execute, and the
City Clerk to attest to, the document on behalf of the City.
Agreement - Wastewater Treatment Plant - On motion of Councilmember
Gilbreath, seconded by Councilmember Gallagher, the City Council
unanimously approved an agreement with Wildermuth Environmental, Inc. in
the amount of $64,000.00 to famish consulting services for an antidegration
analysis at the Wastewater Treatment Plant and authorized the Mayor to
execute, and the City Clerk to attest to, the document on behalf of the City.
Proclamation - Arbor Day - On motion of Councilmember Gilbreath, seconded
by Councilmember the City Council unanimously authorized
Gallagher,It> I
issuance of a proclamation declaring April 25, 2008, as rational Arbor Day
4:1
which is required in order to apply for recertification as a Tree City USA.
Grove High School - Amendment - Fee Waiver - On motion of
Councilmember Gilbreath, seconded by Councilmember Gallagher, the
Citv Council unanimously approved an amendment to the ground lease
agreement with Grove School, authorized the Nlayor to execute, and the
City Clerk to attest to, the document on behalf of the City and waived fees
for the grading permit.
Local Ernertencv Report - On motion of Councilmember Gilbreath, seconded
by Councilmember Gallagher, the City Council unanimously acknowledged
receipt of the report regarding the status of the declared local emergency at the
Safety Hall.
Agreement - Use of Firearms Ramie - On motion of Councilmember Gilbreath,
seconded by Councilmember Gallagher, the City Council unanimously approved
December 2.2008
No 3