HomeMy WebLinkAboutContracts & Agreements_49-2001_CCv0001.pdf ar Recorded in
Official Records, County of
San Bernardino, Larry Walker, Recorder
if.
No Fee
Doc No . 20010149127
Recording requested by
Recording
and when recorded mail to: 4 : 17pm 04/20/01
City Clerk 205 40269963 01 15
City of Redlands I F— 2 F-� 3 F— 4 F-1 5 F--j 6 f— 7;7� 8 M 9 1 1 0 F--j
R O. Box 3005 PC FEE APF CHAS PH CPY CRT CRY AMD NM PEN PH POOR
Redlands, CA 92373 TT
5 6
NION ST LN SVY CIT-CO TRANS TAX DA CHRG EXAM
LEASE AGREEMENT FEES NOT REQUIRED
PER GOVERNMENT CODE
SECTION 6103
This Lease is effective this April 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").
Landlord, for the purpose of enhancing educational opportunities for public high school
students in the Redlands Unified School District and in consideration of the rent to be paid by Tenant
and the covenants to be kept and performed by Tenant under this Lease,hereby leases to Tenant,and
Tenant, in consideration of the covenants to be kept and performed by Landlord under this Lease,
hereby leases from Landlord,the real property together with improvements in Redlands,California,
known as the "Van Grouw Dairy Land property" located in Heritage Park, as depicted on the map
and legal description attached hereto as Exhibit "A" (the "Premises").
ARTICLE 1. TERM OF LEASE
Section 1.01. OrijJnal Term. This Lease shall be for a term of twenty-five (25) years.
commencing April A, 2001.
1:\qjin\Agi-eeinent.-,\,5055]e-ase ggrove.wpd
Section 1.02. Renewal Term. Tenant shall have the option of renewing the Lease for an
additional twenty-five (25) years. Tenant may exercise such option by providing written notice to
Landlord not earlier than ninety(90)days,and not later than forty-five (45)days,prior to expiration
of the original term which occurs on February 28, 2026.
Section 1.03. Early Termination. Notwithstanding the"original"and"renewal"terms of this
lease, either party may terminate this Lease, without penalty, at any time upon giving one years
prior written notice to the other party.
ARTICLE 2. NOMINAL RENT
Section 2.01. Rent. Tenant shall pay to Landlord rent for the Premises each year during
both the Oriainal Term and the Renewal Term (if exercised by Tenant) of One Dollar($1.00) (the
("Rent"). The Rent shall be payable annually on April--Y-, at the office of Landlord at 35 Cajon,
Suite 200,Redlands,California, or at any other place as Landlord may from time to time designate
by written notice to Tenant.
ARTICLE 3. USE OF PREMISES
Section 3.01. Permitted Use. During the term of this Lease.the Premises shall be used solely
for educational purposes, including but not necessarily limited to, agricultural and science studies
based on the operation of a working farm with crops and farm animals and attendant activities.
1Ad nj\Agrectncnts\50551ease grope.rove,wpd
Tenant shall not use or permit the Premises to be used for any non-educational purpose,without the
prior written consent of Landlord. Further,Tenant shall not use or permit the Premises,or any part
thereof, for the storage of hazardous or toxic chemicals or substances, or for any similar purpose.
Section 3.01. Insurance. Prior to, and as an express condition of its occupancy of the
Premises, Tenant shall obtain a policy of liability insurance pertaining to its activities on the
Premises, with policy limits in the amount of$1,000,000. A copy of the policy of insurance shall
be provided to Landlord by Tenant prior to Tenants occupancy of the Premises. The insurance
policy shall name Landlord as an additional insured, and Tenants insurance shall be primary with
respect to any liability insurance or "self-insurance" of Landlord. The insurance shall not be
canceled or modified during the term of this Lease without forty-five (45) days prior written notice
to Landlord. 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.
Section 3.03. Waste or Nuisance. Tenant shall not commit, or permit the commission by
others, any waste or nuisance on the Premises other than that which is normally generated by a
working farm, including the raising of crops and animals. Tenant shall not maintain, commit or
permit the maintenance or commission of any waste or nuisance on the Premises and Tenant shall
1:\djjii\-Agrec7nent.s15055lease grove.wpd 3
�
not use or permit' the use o{the Premises for any unlawful purpose.
Laws.Section 3.04. Compliance with Tenant uhu|i at Tenant's ovvo cost and expense,
comply with all xtuLnka, ordinances, regulations and rcguio:n\cuia of all governmental entities,
whether federal, state, county or municipal, relating to Tenants 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 judmdiciion, or the odrniusino by Tenant in u
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 *hu|| onno|i1uLe grounds for termination of this lcoxc by Landlord.
ARTICLE 4. UTILITIES
Section 4.01. Tenant's i i Tenant shall pay, and hold Landlord free and harmless
from, all charges for uii|dicy to the Premises including but not ncccmaozi|y |irniiod to water,
electricity, gas, solid v/uxie, ic|epbouc and security. Tenant oho|| pay Uacmc utilities directly to
provider nfthe service, and shall make puyrnen( uuthe charges become due and payable and inany
event, before delinquency.
ARTICLE 5. ALTERATIONS AND REPAIRS
Premises.Section 5.01. Condition of Tenant accepts the Pncmoi&nS, as well as the
/:xUnxAgacmpu*o055umcgrvw:.wpu 4
improvements located on the Premises, in their present condition and stipulates with Landlord that
the Premises and improvements are in good, clean, safe and tenantable condition as of the date of
this Lease. Tenant further agrees with and represents to Landlord that the Premises have been
inspected by Tenant, that it has received assurances acceptable to Tenant by means independent of
Landlord, or any agent of Landlord, of the truth of all facts material to this Lease, and that the
Premises are being leased by Tenant as a result of its own inspection and investigation and not as
a result of any representations made by Landlord or any agent of landlord except those expressly set
forth in this Lease.
Section 5.02. Maintenance by Landlord. Landlord shall, at its own cost and expense,
maintain in good condition and repair the structural elements of the Premises. For purposes of this
section, "structural elements" 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 aperiod of thirty(30)
days after receipt of the notice.,unless prevented by causes not the fault of the 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 negligence or other fault,other than normal and proper use,of Tenant or its employees,agents
and subtenants, if any.
1:\djin'\Agreciiietits\5055]ease grovempti 5
Section 5.03. Maintenance by Tenant. Except as otherwise expressly provided in Section
5.02 of this Lease.Tenant shall 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; provided, however, that
tenant shall not undertake any repairs other than general maintenance,cleaning and painting without
prior written notice to, and the prior written consent of. Landlord.
Section 5.04. Alterations and Liens. 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 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 5.05. Inspection by Landlord. Tenant shall permit Landlord and Landlord's agents,
representatives and employees to enter the Premises at all reasonable times for the purpose of
inspecting the Premises to determine whether Tenant is complying with the terms of this Lease, for
the purpose of doing other lawful acts that may be necessary to protect Landlord's interest in the
Premises, or for the purpose of performing Landlords, duties under this Lease.
1:1(1jtii\,Acl,reements'x5O551ease grove.wpd 6
Section 5.06. 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 they
are now at the date of this Lease, excluding reasonable wear and tear, and repairs required to be
made by Landlord under this Lease.
ARTICLE 6. DEFAULT, ASSIGNMENT, AND TERMINATION
Section 6.01. Restriction Against Subletting or Assiianmen . Tenant shall have the right to
lease space on the premises to third parties for the sole purpose of the non-commercial growing crops
and raising animals,without obtaining any prior consent of Landlord. With that exception,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.
Except as allowed above,Tenant shall not sublet the Premises or any part of the Premises or allow
any other person,other than Tenants students,agents and employees,to occupy the Premises or any
part of the Premises without the prior written consent of Landlord. A 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. The consent of Landlord to any assignment of Tenants
interest in this Lease or the subletting by Tenant of the Premises or parts of the Premises shall not
1:",(Iiiii\,A�reeii-ients'N5055lease ggrove.wpd 7
be unreasonably withheld.
Section 6.02. Default Defined. The occurrence of the following shall constitute a default
and breach of this Lease by Tenant: (1)failure by Tenant to observe and perform any provision of
this Lease to be observed or performed by Tenant after written notice of Tenant's failure is given by
Landlord to Tenant.
Section 6.03. Termination of Lease. In the event of any default by Tenant under this Lease,
in addition to any other remedies available to Landlord under this Lease or in law or in equity,
Landlord shall have the right to terminate this Lease and all rights of Tenant hereunder by 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(30)days to cure
such default. If Tenant fails to cure the default within the thirty (30) days, then Landlord may
proceed with the written notice of termination. No act of Landlord shall be construed as terminating
this Lease except written notice given by Landlord to Tenant advising Tenant that Landlord elects
to terminate the Lease.
Section 6.04. Landlord's Right to Cure Tenant Defaults. If Tenant breaches or fails to
perform any of the covenants or provisions of this Lease, Landlord may, but shall not be required
to, cure Tenant's breach. Any sum expended by Landlord, with the then maximum legal rate of
interest,shall be reimbursed by Tenant to Landlord with the next due rent payment under this Lease.
lAdjin'"greeinents'60551ease grovempd 8
Section 6.05. Cumulative Remedies. The remedies granted to Landlord in this Lease shall
not be exclusive but shall be cumulative and in addition to all remedies now or hereafter allowed by
law or provided in this Lease.
Section 6.06. Non-Continuim4 Waiver. The waiver of Landlord of any breach by Tenant of
any of the provisions of this Lease shall not constitute a continuing waiver or a waiver of any
subsequent breach by Tenant either of the same or another provision of this Lease.
ARTICLE 7. MISCELLANEOUS
Section 7.01. Force Majeure--Unavoidable Delays. If the performance of any act required
by this Lease to be performed by either Landlord or Tenant is prevented or delayed by reason of an
Act of God, strike, lockout, labor troubles, 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 as required by this Lease or the performance of any act rendered difficult solely because of
the financial condition of the party required to perform the act.
Section 7.01 Attorneys'Fees. If any action is commenced to enforce or interpret the terms
or conditions of this Lease, the party prevailing in that action shall be entitled to, in addition to any
1:\d j ni\Agreernent A50-551ease arove.wpd 9
1 --
costs and other relief that may be granted in the action,a reasonable sum as and for its attorneys'fees
in that action as determined by the court.
Section 7.03 Interpretation. Both 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.
11� I
Section 7.04. 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
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
personal service, when deposited in the United States mail, first-class postage pre-paid, addressed
to Tenant at 200 Nevada Street,Redlands,California,92373 or to Landlord at 35 Cajon Street,Suite
200, 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 7.05. Entire Nareement. This instrument constitutes the entire agreement between
Landlord and Tenant respecting the Premises,the leasing of the Premises to Tenant.or the 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. This Lease may be
1:1,ciiiiik4greciiients\5055lease grove.wpd 10
amended only by written agreement signed by both parties.
Section 7.06. 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 Taxation 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.
Section 7.07. Assianment. Tenant shall not assign this Lease, or any interest in it, without
the prior written consent of Landlord. Consent to any one assignment by Landlord shall not be
deemed consent to any subsequent assignment. Any such assignment without the prior written
consent of Landlord shall be void, and shall at Landlord's option terminate this Lease. Tenant's
interest in this Lease shall not be assignable by operation of law, without the written consent of
Landlord.
Section 7.08. Hold Harmless..Defense Oblijzation 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.
1:\djm\Agreements\50551ease grove.wpd I I
Dated: April 3, 2001 CITY OF REDLANDS (LANDLORD)
ATTEST: �� ��y' �r.,%�}�,,,•�%.+''_
Lo ie Poyz ity Clerk By: Pat Gilbreath, Mayor
Dated: April 3, 2001 GROV IGH SCHOOL(TEN T)
t
$
Starkey C. Weisser
1adjm\Agree=ntsL4551ease gmve.wpd 12
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 April 3, 2001,
before me, Beatrice Sanchez, Deputy City Clerk, on behalf of Lorrie Poyzer, City Clerk of the
City of Redlands, California, personally appeared Pat Gilbreath and Lorrie Poyzer
I Xj personally known to me - or - I 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.
WITNESS my hand and official seal.
%%XJ111 I fill///,
OF LORRIE POYZER, CITY CLERK
By:
or8$� �* ` Beatrice Sanchez, Deputy City�Clerk
(909)798-7531
/PORWI'•
"mill 111110",
— — — — — — — — — — — —
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
Date of Document: April 3, 2001
Signer(s) Other Than Named Above: Stanley C. Weisser for Grove High School
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 April 3, 2001,
before me, Beatrice Sanchez, Deputy City Clerk, on behalf of Lorrie Poyzer, City Clerk of the
City of Redlands, California, personally appeared Sranley C. Weisser t x I personally known to
me - or - { } 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.
N\\ WITNESS my hand and official seat.
R E o
LORRIE POYZER, CITY CLERK
OR4 Ul
1888 By.
-4tttoF Beatrice Sanchez, Deputy City Clerk
(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
I xj Other
Title(s) Tenant
Entity Represented Grove High School
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW:
Title or Type of Document: Lease Agreement
Date of Document: April 3, 2001
Signer(s) Other Than Named Above: Pat Gilbreath, Mayor, and Lorrie Poyzer, City Clerk
i ►
•
• r,
ai
r �-=►l. 4 �r e
EXHIBIT"A"
THAT PORTION OF BLOCK 8 OF THE BARTON RANCH, AS PER MAP RECORDED IN BOOK 6, PAGE
19, OF MAPS,OFFICIAL RECORDS OF THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE CENTERLINE INTERSECTION OF ORANGE STREET AND IOWA STREET AS
SHOWN ON RECORD OF SURVEY RECORDED IN BOOK 63, PAGE 76, OF RECORDS OF SURVEY,
OFFICIAL RECORDS OF SAID COUNTY, THENCE ALONG THE CENTERLINE OF SAID ORANGE
STREET NORTH 89054'05"WEST 658.28 FEET;
THENCE SOUTH 00025'25" EAST 778.67 FEET TO A POINT ON THE NORTH LINE OF THE
CERTIFICATE OF COMPLIANCE RECORDED BY INSTRUMENT NO. 86-2811128,OFFICIAL RECORDS
OF SAID COUNTY;
THENCE ALONG SAID NORTH LINE SOUTH 89053'19" EAST 13.66 FEET TO ANGLE POINT THEREIN;
THENCE ALONG THE NORTH LINE OF INSTRUMENT NO. 86-281128 AND THE NORTH LINE OF THE
CERTIFICATE OF COMPLIANCE RECORDED BY INSTRUMENT NO. 86-281129, OFFICIAL RECORDS
OF SAID COUNTY,THE FOLLOWING COURSES AND DISTANCES;
NORTH 69004'17" EAST 485.14 FEET;
NORTH 57037'39" EAST 226.39 FEET TO A POINT ON THE CENTERLINE OF SAID IOWA STREET;
THENCE ALONG SAID CENTERLINE NORTH 00038'57"WEST 483.07 FEET TO THE POINT OF
BEGINNING.
EXCEPTING THEREFROM ANY PORTION LYING WITHIN ORANGE STREET AND IOWA STREET.
NET AREA: 393,634.15 SQ. FT. (9.04 ACRES)
PREPARED BY:
s
s t
HAROLD R. HARTWICK, L.S. NO. 285
GAS-� t3
9424LOGI doC