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HomeMy WebLinkAboutContracts & Agreements_81-1995_CCv0001.pdf LEASE Preamble This Lease is made and entered into this 21 day of November, 1995, by and between the City of Redlands, a municipal corporation, ("Landlord"), and San Bernardino County Department of Public Health ("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 leases to Tenant, and Tenant agrees to lease from Landlord, the following: the Multi-purpose room and meeting room located at 111 West Lugonia Avenue, Redlands, California which is described in Exhibit "A" attached hereto ("the Premises"). ARTICLE 1. TERM OF LEASE Term Section 1.01. This Lease shall be for a term of one (1) year, commencing at 12:01 a.m. on October 1, 1995 ("Commencement Date"), and ending at 12:01 a.m. on September 30, 1996 ("Original Term"), 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 the other thirty (30) days prior to the date of the end of the term. ARTICLE 2. RENT Rent Section 2.01. Tenant shall pay to Landlord, a fixed rental for the use and occupancy of the Premises (the "Rent"). The amount of Rent payable for each month during the Term shall be $137.00. The Rent shall be paid upon execution of this Lease for the one year period from October 1, 1995 through September 30, 1996. Landlord shall submit to Tenant a written invoice identifying Tenant's specific dates of use, and the Rent. Rent for partial calendar months occurring at the commencement and termination of the term of this lease shall be prorated Witt 1 accordingly. Upon termination or cancellation of this lease by either party, the unused portion of rent shall be reimbursed to Tenant. ARTICLE 3. USE OF PREMISES Permitted Use Section 3.01. During the term of this Lease the Premises shall be used for the exclusive purpose of operating and conducting San Bernardino County Department of Public Health WIC (Women-Infant-Children) programs, for uses normally incident to that purpose, and for no other purpose. 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 Lease, Tenant shall, unless prevented by conditions beyond Tenant's control, conduct business of the type and nature specified in Section 3.01 of this Lease on the Premises in a diligent and business-like manner. The Premises shall be used the first, second, third and fourth Friday of every month, from 7:30 a.m. to 4:30 p.m. In the event that scheduling modifications are necessary, Tenant shall make a forty-five (45) day advance schedule change request to Landlord indicating the proposed modification. Landlord shall respond to such requests within two (2) weeks of receipt. Landlord shall allow Tenant to have data cabling and electrical outlets installed on the Premises. Tenant shall bear all costs attendant to this installation. In addition, Landlord shall allow Tenant to install a locking cabinet in the Electrical Room for storage of controller and modem. Tenant shall have unrestricted access to this cabinet. Landlord shall allow Tenant to place a freestanding storage unit outdoors, between the Multi-purpose room and senior center. Tenant shall assume full responsibility for personal property and shall hold Landlord harmless for any theft, damage and/or other incidents relating to Tenant's personal property. 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 Wic Premises or the improvements on the Premises. Tenant shall, at its own cost and expense, comply with any and all requirements of Landlord 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 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. Compliance with Laws Section 3.05. Tenant shall, at Tenant's sole 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 Tenant's 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 by Tenant in a 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 shall constitute grounds for termination of this Lease by Landlord. ARTICLE 4. TAXES AND UTILITIES Utilities Section 4.01. Landlord shall pay, and hold Tenant free and harmless from, all charges for the furnishing of gas, water, sewer, electricity, solid waste disposal and other public utilities to the Premises during the term of this Lease. Telephone usage will be such that all calls to WIC staff at shall be limited in frequency and of an urgent nature. Outgoing calls made by the on-site WIC staff shall be made by pay telephone. Wic 3 ARTICLE 5. INDEMNITY AND INSURANCE Section 5.01. Tenant is a self-insured public entity (refer to attachment B). The County of San Bernardino shall indemnify and hold harmless Landlord, its elected officials, officers, employees, agents and volunteers from any and all liabilities for injury to persons and damage to property arising out of any negligent act or omission of the County, it officers, employees, agents or volunteers in connection with the WIC program. Landlord is a self-insured public entity. The City of Redlands shall indemnify and hold harmless the County of San Bernardino, its officers, employees, agents and volunteers from any and all liabilities for injury to persons and damage to property arising out of any negligent act or omission of the City, its officers, employees, agents or volunteers in connection with the WIC program. ARTICLE 6. MISCELLANEOUS Restriction Against Subletting or Assignment Section 6.01. 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 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 part of the Premises or allow any other 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 be at the option of Landlord to terminate this Lease. The consent of Landlord to any assignment of Tenant's interest in this lease or the subletting by Tenant of the Premises or parts of the Premises shall not be reasonably withheld. Wic 4 Notices Section 6.02. 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 San Bernardino County Department of Public Health WIC Program, 351 N. Mt. View Avenue, San Bernardino, California 92415-0010 or to Landlord at 111 W. Lugonia Avenue, 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. Entire Agreement Section 6.03. This Lease constitutes the entire agreement between Landlord and Tenant respecting the Premises, the leasing of the Premises to Tenant, and 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 Lease are null and void. Wic 5 Time of Essence Section 6.04. Time is expressly declared to be of the essence in this lease. Executed on November 21, 1995, at Redlands, California. CITY OF REDLANDS (LANDLORD) ATTEST: Swen Larson, Mayor C' Clerk COUNTY OF SAN BERNARDINO WIC PROGRAM (TENANT) Betsy Cfie/, WIC Program Manager Wig 6