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HomeMy WebLinkAboutContracts & Agreements_105-96_CCv0001.pdf CITY OF RE DLA DS LEASE AGREEMENT Preamble This Agreement is made and entered into on oto ,ej. 16. 1996. by and between the Cite of Redlands, a municipal corporation, ("Landlord"), and Mento ne Curl Scout Troops 908 and 118 , and Boy Scouts of America Troop 3 ("Tenants"). Landlord, for and in consideration of the rent to be paid by Tenants and of the covenants and provisions to be kept and perforated bv Tenants under this agreement, hereby= rents to Tenants, and Tenants agree to rent from Landlord, the followingthe Scout House located at Amethyst and Mill Creek. Road, Mentone, California, (the "Premises"). ARTICLE 1. TERM OF AGREEINIENT Term Section 1.01. This Agreement shall be for a term of one (1) year, and shall be automatically renewed for successive one (1) year terms, unless terminated by either Landlord or Tenants by providing written notice of such cancellation to other party thirty (30) days prior to the end of the term. ARTICLE 2. REN7 Minimum Rent Section 2.01. Tenants shall pay to Landlord, a fixed rental payment for use of the Premises. The amount of rent parable for the term is Tir=e Hundred Dollars ($500.00). The rent shall be payable at the office of"ndlord at 35 Cajon Street, Suite 200, Redlands, California., or at any other place or places as Landlord may from time to time designate by written notice delivered to Tenants. Tenants shall perform in-kind services as an additional contribution for use of the Premises. Responsibility for general maintenance, minor repairs and janitorial services shall be assumed by Tenants. Landlord shall approve all major repairs and/or improvements prior to Tenants` performance of any stork. So1 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 Inc]dent to that purpose, and for no other purpose, The Tenants shall -calendar all nicetim-,s- , programs and activities to be held on the Premises with the Administrative Services Department, Landlord shall have the right to allow other organizations to use the Premises on those dates Tenants have not calendared meetin-s. Tenants 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 '-'.Oil During the term of this Agreement, Tenants shall, unless prevented by conditions beyond Tenants' 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. Tenants shall schedule meetings and activities each month. Insurance Hazards Section 3.03. Tenants 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. Tenants 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 ':Y.04. Tenants shall not commit or permit the commission by others of any waste on the Premises. Tenants shall not maintain, commit, or permit the maintenance or commission of any nuisance on the Premises as defined in Civil Code Section 3479, and Tenants shall not use or permit the use of the Premises for any unlawful purpose. Compliance with Laws Section 3.05. Tenants shall, at Tenants' 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 Tenants' use and occupancy of the Premises whether those statutes, ordinances, regulations, and requirements are now in force or are subsequently enacted. The judgement of any court of cOmpetent jurisdiction, or the admission b-,,, Tenants in a proceeding brought against Tenants by any governmental entity, that Tenants have violated any such statute, ordinance, regulation, or requirement shall be conclusive as between Landlord and Tenants and shall constitute grounds for terraination of this Agreement by Landlord. ARTICLE 4. UTILITIES Utilities Section 4.01. Landlord shall pay, and hold Tenants free and harmless from, all charges for the furnishing , of gas, water, sewer and electricity utilities to the Premises during the term of this Agreement. ARTICLE 5. INDEMNITY AND INSURANCE Section 5.01. Tenants shall defend, indemnify, and save Landlord harmless from and against any and all liability to Tenants and third parties resulting from Tenants, and their 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 Tenants or any person who is an employee or agent of Tenants, or by reason of the damage to or destruction of any property, including property owned by Tenants or any person who is an employee or agent of Tenants, and caused or allegedly caused by either the condition of the Premises, or some act or omission of Tenants or of some agent, contractor, employee, servant, subtenant, or concessionaire of Tenants on the Premises; (b) Any work performed on the Premises or materials furnished to the Premises at, the insistence or request of Tenants or any agent or employee of Tenants; and (c) Tenants' 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 duly authorized governmental agency, 3 Public Liability and Property Damage Insurance Section 5.02. Tenants shall, at their own cost and expense. procure and maintain during the entire term of this Agreement public liability insurance and property damage insurance issued b-�, an insurance company acceptable to Landlord and insuring Landlord against loss or liability I Z�l 9 caused by or connected with Tenants' 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 ($500,0001) 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. Tenants 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. (C) 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. Tenants' Personal Property Section 5.03. Tenants shall, during the full term of this Agreement and any renewals or extensions thereof, maintain at Tenants' 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 to 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 4 issuing insurance company shall give Landlord at least 30 days' prior written notice. Duplicate originals or certificates of all such insurance policies shall he delivered to landlord. ARTICLE 6. POSSESSORY INTEREST Section 6.01. In accordance with California Revenue and Tax Code Section 107.6. Landlord is hereby notitying Tenant that the leasehold interest created by this Lease may, be 1 47 - subject to property taxation and, Lessee may be subject to the payment of property taxes levied on such interest. Lessee shall be solely responsible for the payment of such taxes and shall defend, indemnify and hold Landlord harmless from and against any and all claims or actions for such taxes. ARTICLE 7. MISCELLANEOUS Restriction Against Subletting or Assignment Section 7.01. Tenants 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 of the improvements that may now or hereafter be constructed or installed on the Premises without first obtaining the express written consent of Landlord. Tenants shall not sublet the Premises or any part of the Premises or allow any other person, other than Tenants' 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 subletting by Tenants of the Premises or parts of the Premises shall not be unreasonably withheld. Attorneys' Fees Section 7.02. 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 sum 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. Notices Section 7.03. Except, as otherNvisc 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 Tenants at or to Landlord at 35 Cajon Street, Suite 200/P.O. Box 3005, Redlands, California, 92373. All parties, Tenants 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 Tenants respecting the Premises, the leasing of the Premises to Tenants, and the term created under this Agreement, and correctly sets forth the obligations of Landlord and Tenants to each other as of its date. Any agreements or representations respecting the Premises or their renting by Landlord to Tenants not expressly set forth in this instrument are null and void. 6 sclh� Time of Essence Section 7.05. Time is expressly declared to he of the essence in this lease. Executed on October 15 1996 . at Redlands. California. CITY OF REDLAND (LANDLORD) ATTEST: eA Beatrice Sancheu� Seen Larson, Mavor Deputy Citi. "-1ei_ f GIRL SCOUT TROOP 908 GIRL SCOUT TROOP 1184 BOY SCOUT TROOP 7