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HomeMy WebLinkAboutContracts & Agreements_221-2003_CCv0001.pdf ft Recorded in Official Records. County of San Bernardino 11/2612003 LARRY WALKER 10:12 AM $A AuditOtXontroller — Recorder LJ r Recording requested by R Regular Mail and when recorded mail to: City Clerk Doc#: 2003—0885647 Titles: 1 P.O. Box 3005 Pages: 10 Fees Redlands, CA 92373 Taxes 0.00 Other 0.00 PAID 0'00 $0.00 LEASE AGREEMENT This Lease is made and entered into on November 18, 2003, by and between the City of Redlands, a municipal corporation, ("Landlord"), and Friends of Scouting, Parents of Gra back District Troop 3 ("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 Lease, hereby rents to Tenant the following: The Greenspot Scout House (located on Assessor's Parcel No. 168-343-01) located at Amethyst and State Route 38, Mentone, California. (the "Premises"). ARTICLE I. TERM OF LEASE Section 1.01. 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 2. NOMINAL RENT Section 2.01. 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. Noember 4th 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 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 3 1 by Tenant for the sole purpose of offering scout meetings and programs, may also use the Premises for other uses normally incident to those purposes. Landlord may also use the Premises during the Term of this Lease for recreational programs and activities provided they do not conflict with calendared meetings or activities of Tenant. 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 3.02 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 Tenant's occupancy of the Premises. The insurance policy shall name Landlord as an additional insured, and Tenant's 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 thirty (30) 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 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. 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. Section 3.04. Compliance with Laws Tenant shall, at Tenant's own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, u 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 of any court of competent jurisdiction, or the admission b Tenant in a proceeding brought against Tenant by any government entity, that Tenant has violated any such statue, ordinance, regulation or requirement shall be conclusive as between Landlord and Tenant and shall constitute grounds for termination of this Lease by Landlord. ARTICLE 4. UTILITIES Section 4.01. Tenant's Obligation. Tenant shall pay, and hold Landlord free and harmless from, all charges for utilities to the Premises including but not limited to water, electricity, telephone and solid waste. ARTICLE 5. ALTERATIONS AND REPAIRS Section 5.01. Condition of Premises. Tenant accepts the Premises, as well as the improvements located on the Premises, in their present condition. Section 5.02. Maintenance by Tenant. Except as otherwise expressly provided in 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, reasonable wear and tear excepted, provided, however that Tenant shall not undertake any repairs under general maintenance, cleaning and painting without prior written notice to, and the prior written consent of, Landlord. Section 5.03. 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 and improvements and fixtures, except funuture Scrtztst�3 3 I 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 5.04. 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 6. DEFAULT, ASSIGNMENT AND TERMINATION Section 6.01. 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 students, 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 6,02. Default Defined. The occurrence of the following shall constitute default n e a ault e and breach of this Lease by Tenant: 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 4 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. 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-Continuing Waiver. The waiver of Landlord of any breach by Tenant of any of the provisions of this Lease shall not constitute a continuing waiver of a waiver of any subsequent breach by Tenant wither of the same or another provision of this Lease. ARTICLE 7. MISCELLANEOUS Section 7.01. Force Maieure — Unavoidable Delays. If the performance of any act required by this Lease to be perforined 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 5 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 7.02. Attorneys' Fees. If any action is commenced to enforce or interpret the terms and conditions of this Lease, the party prevailing in that action shall be entitled to, in addition to any costs and other relief that may be granted in the action, its reasonable attorneys' fees. Section 7.03. Interpretation. Both parties have agreed to the language of this Lease. 0 zl� 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 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 all parties 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 1551 Reservoir Road, Redlands, California, 92374 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 7.05. 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 other as of its date. ng Any agreements or representations respecting the Premises or their leasing I Z-1 by Landlord to Tenant not expressly set forth in this instrument are null and void. This Lease swutsO"' 6 may be 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 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 7.07. Hold Harmless, Defense Obligation and Indemnity. Tenant shall defend, indemnify and hold Landlord, and Landlord's elected officials, officers, 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 1-7 day of 6k�MiVL-1 ' 2003, at Redlands, California. CITY OF REDLANDS (LANDLORD) ATTEST: Stow,W 7 Attest: Karl N. Haws Lor e Poyzer Mayor , City of Redlands Cit Clerk, Ci Redlands FRIENDS OF SCOUTING, PARENTS OF GRAYBACK DISTRICT TROOP 3 m Commission#1385084 Notory PubffC.CoWomb San 8emard1no County Notary Required m`c°mm,Expires Nov 17.2 scom,03 8 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 November 18, 2003, before me, Beatrice Sanchez, Deputy City Clerk, on behalf of Lorrie Poyzer, City Clerk of the City of Redlands, California, personally appeared Karl N. Haws and Lorrie Poyzer I Xj personally known to me - or - { } 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. N\ Noltllfllwl WITNESS my hand and official seal.\' NZ N\N E o A LORRIE POYZER, CITY CLERK 1888 By: ti Beat rice Sanchez, Deputy City Clerk 4LIFOV� (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 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: Lease Agreement Date of Document: November 18, 2003 Signer(s) Other Than Named Above: David W. Higginson for Friends of Scouting, Parents of Grayback District Troop 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of JALA ss. On Z, tebefore me, Gti1' Date Name d Title of Off cer e ` �� _ ( g.,"Jane Doe,Notary Public") personally appeared _ e.a / wig i' �.rrt I Name(s) gner(s) 1 personally known to me proved to me on the basis of satisfactory r' evidence I to be the person(s) whose name(s) is/are .. .� ., ,. y. subscribed to the within instrument and IA �lot mww ,PEt�SE acknowledged to me that he/she/they executed CO^'^411i0n#138&*4 the same in his/her/their authorized NOS`P Mildno County� O Son Bemm� capacity(ies), and that by his/her/their MyCW".E)OMNov 11 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. i Place Notary Seal Above Signature of Notary Public r� i OPTIONAL I 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 Document Title or Type of Document: ] Document Date: - --------__--_____ Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: [.] Individual ------- -------------------------------- MRSE - '. 1.-� Corporate Officer—Title(s): -_ Top of thumb here --------------------------------------------------- < ❑ Partner—❑ Limited O General -J Attorney in Fact ❑ Trustee CJ Guardian or Conservator - `i Other: Signer Is Representing: �) ---- ©1997 National Notary Association•9350 De Sato Ave. PO Box 2402-Chatsw � �N ���^ �� ��'���'� orth,CA 91313-2402 Prod.No 5907 Reorder;Call Toll-Free 1-800-876-6827 x wireless service facility Tease agreement with Tower Foundations for the placement of a wireless Internet antenna on the City's Crafton Hilts Water Tank. Resolution No. 6217 - Grant Agreement - Redlands Municipal Ai ort - On motion of Councilmember George, seconded by Councilmember Peppler, the City Council unanimously adopted Resolution No. 6217, a resolution of the City Council of the City of Redlands, State of California, authorizing application, acceptance, and execution of a grant agreement with CalTrans for a matching grant for an FAA approved project under the Airport Improvement Program (AIP) No. 3.06-0195-07, for runway and taxiway improvements at the Redlands Municipal Airport. Resolution No. 6216 - R—gilding, A Generation - On motion of Councilmember George, seconded by Councilmember Peppler, the City Council unanimously authorized termination of all independent contractor agreements with Dustin Clelen, Jennifer Camp, Maureen O'Keefe Hodge, Rosa T. Lopez, Cherie Burris, Valarie Peterson, Jesse Gonzalez, Morton Anthony C. Frankson, Gabriela Alonso, Sherry Edwards, and Justin Kruizenga, relative to Building A Generation and First Five pursuant to the terms of the contracts, and authorized the Mayor and City Clerk to execute the First Five Contract terminating the contract with the City of Redlands on behalf of the City. On motion of Council- member George, seconded by Councilmember Peppler, the City Council unanimously approved Resolution No. 6216, a resolution of the City Council of the City of Redlands rescinding Resolution No. 6191 which authorized the Redlands Police Department to administer the CDBG Grant awarded by the County of San Bernardino to the United Way for programs sponsored by Building A Generation. On motion of Councilmember George, seconded by Councilmember Peppler, the City Council unanimously directed the Finance Director to reconcile all remaining funds from the grant to Building A Generation after reconciliation has been completed. Maureen O'Keefe Hodge reported that Building A Generation received its non-profit status and the First Five Commission has approved terminating the contract with the City of Redlands effective December 1, 2003, and working directly with Building A Generation. She expressed appreciation to staff and the City Council, and especially Police Chief Bueermann for taking on their program in order to implement grants and programs received by the organization until it received its non-profit status. and reviewed their accomplishments during the past year. Nancy Pimenthal, the new Executive Director of Building A Generation, was also Introduced. Lease Agreement Scout House - On motion of Councilmember George, seconded by Councilme bem r Peppler, the City Council unanimousiv approved a lease agreement with the Friends of Scouting for the Mentone Scout House located at the corner of Amethyst and State Route 38 in Mentoue and authorized the Mayor and City Clerk to execute the lease agreement on behalf of the City. November 18, 2003 Page 4 w