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HomeMy WebLinkAboutContracts & Agreements_43-1985_CCv0001.pdf MINUTES OF THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY, CALIFORNIA January 20 , 1986 FROM: TIM KELLY, Director Engineering Contract Services SUBJECT: REDLANDS - Communication Services Space Lease Agreement RECOMMENDATION: Approve Lease Agreement between the County of San Bernardino and the City of Redlands for the lease of unimproved land for a tele-communications facility located at Sunset Ridge Reservoir , Redlands . BACKGROUND INFORMATION: The Facilities Management Department requested that the Real Property Division negotiate a lease for space to accommodate the new tele-communications equipment to be installed at Sunset Ridge Reservoir , Redlands . The City of Redlands is the owner of the facility . REASON FOR RECOMMENDATION; This Lease Agreement will provide for new tele-communications services in support of County offices in the area. REVIEW BY OTHER DEPARTMENTS: This Lease Agreement was reviewed with Facilities Management ; and approved as to legal form by Deputy County Counsel , Rex Hinesley , on November 7 , 1985 . 7 FINANCIAL DATA: No financial impact . X PRESENTER: A 44, dr Tim Kelly —A, 031-- Action of the Board of Supervisors cc: Real Property w/agreement City of Redlands wH/La&Xea,,ent AGREENTIENT NO. 86-52 --cro'Re—al—Property APPROVEDBOARD OF SUPERVISORS AuZj--to—r—Wa—gr-e—e: COUNTY OF SAN BERNARDINO Cxmiamications Se--Aces Facilities Mgmt w/agreement MOTION —Absent ivKti011 X Engineering Contract Svcs 1 2 3 4 5 Public Works EPS4A MARTH SEKERAIXI, C ERK� OF THE 130�4RD File w/agreerwnt BY 2 1986 ?d-9507-000 DATED: JA 0 - Rev. 1018 2 ITEM 18 FOR COUNTY USE ONLY County Department Contract Number En ineerin Contract Services _� County Department Contract Representative Contractor's License Number: Y_ GERARD BOURGEOIS,. Property Mngr. COUNTY OF SAN BERNARDINO Real Property DivisionPh, Ext 3331 CONTRACT TRANSMITTAL Budget unit No. sub-Object No. Fund >w�. ,txb Na. Amount of contract 328 2360 001 NO©817 See Article If contract has more than one paYrnent or receipt, Protect Name: complete the following: R FDT,ANTS. — C'Ctmmt t n i C�t i n11payments Estimate: n/f a Approximate Amount Each: n/ `a- Contractor: _ CTTV nV T?PnT.ANT)S Birth Date N/A Federal ID No. or Social Security No. Contractor's Representative: John A T)nn IIx7,Director of Piab-bin- We---1ss Address: _ 20 Cajon St-r#-4-t , CA 92373 Phone: (71 Al—'7-Qv=`?641 Nature of Contract: (Briefly describe the general terms of the contract.) This Lease Contract is a month to month lease . Leased premises consist of approximately 4, 500 square feet of unimproved land. Rental is $. 0 a square foot . COUNTY shall pay for all interior utilities , electrical, gas, water and sewer. COUNTY to provide for janitorial and security. COUNTY shall provide all maintenance (including ground, exterior and interior) . (Attach this transmittal to all contracts not prepared on the "Standard Contract"form,) Approved as to Legal Forni Reviewed as to Affirmative Fiction Reviewed for Processing County C'ouasei - 1p�� ratQo rf CRO Date ` 9 gate Date ..—1).1 Oran car„ r t an COUNT-l" OF SAN BE`RNA-RDINO LEASE AGIiIEE!V11ENT LANDLORD: CITY OF REDLANDS 30 Cajon Street Redlands , CA 92373 TENANT: COUNTY OF SAN BERNARD INO Environmental Public Works Agency Engineering Contract Services Real Property Division 825 East Third Street San Bernardino, CA 92415-0834 PREMISES: Sunset Ridge Reservoir Redlands , CA 92373 TERM OF LEASE: Indefinite EFFECTIVE DATE OF LEASE: November 1 , 1985 COST PER SQUARE FOOT: $. 0 (Exchange for housing City of Redland ' s radio equipment . ) COUNTY CONTRACT NUMBER: TABLIE OF, CCI;ZTEAT'S PARAGRAPH CAPTION? PAGE I PARTIES 1 2 PREMISES LEASED 1 3 TERM 1 4 RENT 1 5 TAXES 6 USE i 7 TELEPHONE EQUIPMENT INSTALLATION 1 8 HEALTH, SAFETY AND FIRE CODE REQUIREMENTS 9 S 1 GN'S MAINTENANCE ALTERATIONS 2 , 2 UTILITIES 2 13 HOLD HARMLESS 2 INSURANCE 2 w. LANDLORD ' S DEFAULT 2 16 COUNTY ' S REMEDIES ON LANDLORD ' S DEFAULT 2 j,7 COUNTY ' S DEFAULT 3 i8 LANDLORD ' S REMEDIES ON COUNTY ' S DEFAULT 3 TERMINATION FOR CONVENIENCE 3 2kj LANDLORD ' S ACCESS TO PREMISE'S 3 4- NOTICES 4 22 INCORPORATION OF PRIOR AGREEMENT 4 23 AMENDMENTS 4 24 WAIVERS 4 25 SUCCESSORS 4 26 SEVERABILITY 4 27 TIME OF ESSENCE 4 28 QUIET ENJOYMENT 5 29 PROVISIONS ARE COVENANTS AND CONDITIONS 5 30 CONSENT 5 EXHIBITS .5 32 LAW 5 33 CAPTIONS , TABLE OF CONTENTS AND COVER PAGE 6 EXHIBIT "A" - Area Map/Plot Plan/Floor Plan and Telephone Equipment Installation LEAE31-1 AGKZEDOIIENTI PARTIES: This lease is made between City of Redlands ("LANDLORD") , and the County of ',S','an Bernardino ( "COUNTY") , who agree as follc--v's : 2 . PREMISES LEASED: LANDLORD leases to COUNTY and COUNTY leases from LANDLORD the real property , approximately 4,500 square feet of unimproved land, as more particularly described in Exhibit "A" , located at Sunset Ridge Reservoir , Redlands, California ("premises") . 3 . TERM: This lease shall commence approximately November 1 . 1985, and continue thereafter until terminated as hereinafter Provided . 4 . RENT: COUNTY shall pay to LANDIIJORD monthly rent in the form of space to -house City of Redlaand 's radio equipment , commencing when the term commences and continuing during the ter,,,- . 5. TAXES: LANDLORD shall pay all real property taxes , and general and special assessments levied and assessed against the premises . 6 . USE: COUNTY shall occupy and use the premises during the term hereof for the purposes o-f COUNTY business . LANDLORD acknowledges , and specifically permits, that COUNTY intends (but is not limited) to use the premises as telephone/communications equipment rooms for the installation of telephone switching equipment , wiring, etc. , as more par icularly set forth in Paragraph 8, TELEPHONE EQUIPMENT INSTALLATION. ATION. 7 . TELEPHONE E DIF I STALLATIO m LANDLORD agrees to allow COUNTY to construct and install the telephone/conLmunication equipment as described in Exhibit "A" , Telephone Equipment Installation . Such improvements and alterations shall remain the property of the COUNT-f and may be removed by the COUNT',17 during the terms of the lease or within a reasonable time thereafter , provided that the COUNTY restores the premises to the conditioini as it existed at the commencement of this lease , reasonable wear and tear excluded, or the COUNTY in its sole discretion may elect to surrender such improvements and alterationF-, to the LANDLORD, in which case COUNTY shall have no duty to restore the premises . Any such election to surrender must be in writing, but need not be accepted by LANDLORD to be effective . 8 . HEALTH, SAFETY AND FIRE CODE RBQI!IREME�NTS-.� As a condition precedent to the existence of this lease , COUNTY , at its sole expense , will insure the premises meet the applicable requirements of the Health , Safety and Fire Codes for Public Buildings . Should the continued occupancy of the leased premises be in anyway prejudiced or prevented due to changes in the Health , Safety or Fire Codes for Public Buildings , the COUNTY herein shall correct , update , and comply with said changes . The said change , compliance and correction shall be at COUNTY's cost . 9. SIGNS: COUNTY will display from the the premises only such Page 1 of 6 sign or signs as are not proitea by law. 10 . MAINTENANCE: a. COUNTY at its cost shall maintain , in good condl- tJ -n , the interior and extericr of the buil-din- to include parking -10t ground maintenance. b. COUNTY to provide all maintenance on telephone equipment- to be installed on premises and all maintenance for the premises . 11 . 'ALTERATIONS: COUNTY shall not make any structural or exter lor improvements or alterations to the premises without LANDLORD 's consent . 12 . UTILITIES: COUNTY shall furnish to the premises water , sewer and all other utilities as needed for this facility . The COUNTY shall furnish its own telephone service . 13 . HOLD HARMLESS: a . COUNTY agrees +o indemnify , defend and hold harmless the LANDLORD, his officers , agents and employees from any and all liabilities for injury to persons and damage to property to or upon the premises arising out of any act or omission of COUNTY, its ageis or invitees; and shall defend the LANDLORD in any third-party lawsuits resulting therefrom. b. LANDLORD agrees to indemnify , defend and hold harmless -t h e COUNTY, its officers , agents and employees from any and all liabilities for injury to persons and damage to property to or upon the premises arising out of any act or omission of LANDLORD, his agents or invitees; and shall defend the COUNTY in any third-party lawsuits resulting therefrom. 14 . INSURANCE: COUNTY and CITY OF REDLA NDS are a public entity and are self-insured. 15. LANDLORD'S DEFAULT: LANDLORD shall be in default of this lease if he fails or refuses to perform any provision of this lease that he is obligated to perform if the failure to perform is not cured within thirty (30) days after notice of the default has been given by COUNTY to LANDLORD. If the default cannot, reasonably be cured within ninety (90) days, LXNDLORD shall not be in default of this lease if LANDLORD commences to cure the default within the ninety (90) day period and diligently and in good faith continues to cure the default . 16. COUNTYS REMEDIES ON LANDLORDIS DEFAULT: COUNTY, at any time after LANDLORD commits a default , can terminate this lease or can cure the default at LANDLORD' s cost . If COUNTY at any time, by reason of LANDLORD' s default , pay any sum or does any act that requires the payment of any sum, the sum paid by COUNTY shall be due irm-nediately from LANDLORD to COUNTY at the time the sum is paid, and if paid at a later date shall bear interest at the maximum rate the COUNTY is permitted by law to charge from the date the sum is paid by COUNTY until COUNTY is reimbursed by LANDLORD. If LANDLORD fails to reimburse COUNTY as required by this paragraph , COUNTY shall have the right to withhold from future rent due the sum COUNTY has Paid until CO`L'1`,TY is rein burszed in full for the sum and interest on it . The remedies set forth , in this paragraph ar-e I in addition to and do not in any manner 4Mj t other remedies set 10-rt1h in particular paragraphs of this lease . 17 . COUNTYS DEFAULT: The occurrence of any, one or more of thle following events shall constitute a default and breach of this lease by COUNTY : a. The vacating for more than thirty (30) consecutive days or abandonment of the premises by COUNTY. b. The failure by COUNTY to observe or perform any of -the covenants , conditions or provisions of thi,­-­,, lease to be observed or p(: rformed by COUNTY , including the payment of rent , where such failure-: s"I"I'all continue for a period of thirty (3 0) days after written no is hereof by LANDLORD to COUNTY; provided , however , that if the nature of COUNTY ' s default is such that more than thirty (3 0) days are reasonably required for its cure , then COUNTY shall not be deemed to be in default if COUNTY commences such cure within said thirty (3 0) day period and thereafter diligently prosecutes such cure to completion. The purpose of this notice requirement is to extend the notice requirements of the unlawful detainer statutes of California. 18. LANDLORDIS REMEDIES ON COUNTY'S DEFAULT: In the event off T any default by COUKT�l which is not cured by I �rY , LANDLORD can termina�e this lease by giving COUNTY thirty (30) days notice of terminatio.n . The purpose of this notice requirement is to extend the notice requirement of the unlawful detainer statues of California. On termination of th. "Lease for default pursuant to this paragraph , LANDLORD shall have th-,- right to recover from COUNTY only the following amounts for any and all damages which may be the direct or indirect result of such default : a. The worth , at the time of the award , of the unpaid rent that had been earned at the time of termination of this lease; b. The worth , at the time of the award, of the amount by which the unnaid rent that would have been earned after the date of termination of this lease until the time of award exceeds the amount of the loss of rent that LANDLORD proves could not have been reasonably avoided . 19 . TERMINATION FOR CONVENIENCE.- The COUNTY or LANDLORD may terminate this lease by giving written notice of any termination pursuant to this paragraph at least thirty (30) days prior to the date, of termination. 20 . LANDLORDIS ACCESS TO PREMISES: LANDLORD and his authorized representatives shall have the ;71ght to enter the premises only as set forth below. a. During any emergency requiring access to the premises . b. At such other reasonable tir.nes when LANDLORD has requested Page 3 of 6 access in advance and is accer-r-panied by a rep resentt.ative of the COUNIPY . LANDLORD shall conduct his activities on thle premises as allowe mat d in this paragraph in a canner thwill cause the least possil"Ale, inconvenience, annoyance , or disturbance to COUINT-Y . 21 . NOTICES: Any notice , demand , request , consent , approv:-- 1 or communication that either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent prepaid, registered mail , return receipt requested , addressed as follows : LANDLORD's address : CITY OF REDLANDS peg artment of Public Works P. 0. Box 280 Redland's , CA 92373 COUNTY's address : EPWA - Real Property Division 825 East Third Street San Bernardino, CA 92415-0834 Notice shall be deemed communicated within two (2) days from the date of mailing if mailed as provided in this paragraph. 22 . INCORPORATION OF PRIOR AGREEMENT: This lease contains all of the agreements of the parties hereto with respect to any matter covered or mentioned in this lease , and no prior agreement or understanding pertaining to any such matter shall be effective for any purpose . 23 . AMENDMENTS: No provision of this lease may be amended or added to except by an agreement in writing signed by the parties hereto or their respective successor in interest , expressing by its terms an intention to modify this lease. 24 . WAIVERS: No waiver by either party of any provision of this lease shall be deemed to be a waiver of any other provision hereof or of any subsequent breach by either party of the same or any other provisions. 25. SUCCESSORS: This lease shall inure to the benefit of and be binding upon the heirs , executors , administrators, successors , and assigns of the parties hereto. 26 . SEVERABILITY: If any word, phrase , clause, sentence, paragraph , section , article, part or portion of this lease is or shall be invalid for any reason, the same shall be deemed severable from the remainder hereof and shall in no way affect or impair the validity of this lease or any other portion thereof. 27 � TIME OF ESSENCE: Time is of the essence of each provision of this lease which specifies a time within which performance is to occur . In the absence of any specific time for performance, performance may be made within a reasonable time . Page 4 of 6 28- gyj�E�NJOff : Subject- to the provisions of this lea— and condition upon performance of all of the provisions to be performed by COUN-TY hereunder, LANDLORD shall secure to COUNTY during the leas- term the quiet and peaceful possession of the premises and all righ',, and privilege appertaining thereto. Z:� 29 . PROVISIONS ARE COVENANTS AND CONDITIONS: All provisions , whether covenants or conditions , on the part of either party shall be deemed to be both covenants and conditions . 30. CONSENT: Whenever consent or approval of either party -J 'S!� required that party shall not unreasonably withhold such consent or approval . 31 . EXHIBI'S: All exhibits referred to are attached to this leas, and . cor -worated by reference. 32 . LAW: This lease shall be construed and Interpreted in accordance with the laws of the Sate of California. Page 5 of 6 SS . TARE OF CONTENTS AND COVER PAGE: The paragraph captions , table of contents and the cover page, of this lease shall no effect on its interpretation . END OF CONTRACT COUNTY OF S T)T CIOF REDLANDS firma,; , Board of Supervisors CAROLE ,BESWICK, Mayor ROBERT L, HAMMOCK Dated : ---JAN 2 Dated Address : 30 Cajon Street P. 0. Box 280 Redlands , CA 92373 ATTEST: ATTESTED: MARTHA M. 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