HomeMy WebLinkAboutContracts & Agreements_75-8-35_CCv0001.pdf REDLANDS CITY MUSEUM FACILITIES LEASE
THIS LEASE, dated July 1, 1975, by and between the County
of San Bernardino, a body corporate and politic of the State of
California (the "County") , and the City of Redlands (the "City") ,
a municipal corporation of the State of California:
W I T N E S S E T H :
WHEREAS, the County is owner of certain real property
and facilities in the County of San Bernardino, more particularly
described in Exhibit "A" attached hereto and made a part hereof;
and
WHEREAS, the County has constructed thereupon certain
buildings and facilities known generally as the San Bernardino
County Museum; and
WHEREAS, the County and the City have selected within
the boundaries of the City certain facilities known as the County
facilities;
NOW, THEREFORE, in consideration of the payment of
rental and the performance of the mutual promises and agreements
herein contained, the parties hereto agree as follows:
SECTION 1. Demised Premises.
The County hereby leases to the City, subject to the
terms hereof and subject to and conditions, reservations,
exceptions, and rights of way which are of record, those certain
portions of land within the County of San Bernardino hereinafter
described in Exhibit "B" attached hereto and made a part hereof.
SECTION 2. Ownership; Possession.
The County covenants that it is owner of the real property
described in Exhibit "A" hereof. The County further covenants that
it has the right of possession to said property.
SECTION 3. Term.
This lease shall commence on the date hereof and end on
July 1, 2000.
SECTION 4. Rent.
(a) The City shall pay to the County base rent at
a rate per annum of $13, 000. 00. The obligation for such rent shall
commence on the date hereof and shall be due and payable on or
before December 31 of each fiscal year commencing December 31, 1975
and ending December 31, 1999.
(b) The City shall also pay additional rent at a
rate per annum equal to the cost of any modifications, corrections,
or changes made by and at the request of the City to County
facilities with the concurrence of the County.
(c) Additional Rental.
In addition to the base rental hereinabove set forth
as part of the total rental for each fiscal year during the term of
this Lease, the City shall pay to the County an amount or amounts
(hereinafter called "Additional Rental") for the fiscal year of the
City to which the following items apply or relate, equivalent to
the sum of the following:
M All taxes and assessments of any nature
whatsoever, including, but not limited to, excise taxes,
ad valorem taxes, ad valorem and specific lien special
assessments and gross receipts taxes, if any, levied
-2-
upon the leasehold premises or upon the City' s interest
therein or upon the City' s operation thereof or the
City' s rental income derived therefrom.
(ii) All costs and expenses which the County
may incur in consequence of or because of any default by
the City under this Lease, including reasonable attorneys'
fees and costs of suit or action at law to enforce the
terms and conditions of this Lease.
(d) Consideration.
The payments of the Base Rental and Additional
Rental hereunder for each fiscal year of the term of this
Facilities Lease shall constitute the total rental for said
fiscal year and shall be paid by the City for and in consideration
of the right of use and occupancy, and the continued quiet use and
enjoyment of the leasehold premises for and during said fiscal
year, which the City receives. The City hereby agrees that the
rentals provided for herein shall be an absolute net return to
the County free and clear of any expenses, charges or set-offs
whatsoever, except as provided herein.
(e) Budget.
The City hereby covenants to take such action as
is necessary under the laws applicable to the City to budget for
and include and maintain funds sufficient and available to
discharge its obligation to meet all rental payments due
hereunder in each fiscal year.
(f) Payment.
Each annual Base Rental payment and each Additional
Rental payment shall be paid in lawful money of the United States
-3-
of America, by warrant or check drawn against funds of the City,
at the office of the County Treasurer. Each annual Base Rental
payment and each Additional Rental payment which is not paid
when due shall bear interest at the rate of seven percent (7%)
per annum from the date on which the Base Rental payment or
Additional Rental payment, as the case may be, becomes due until
the same is paid. Notwithstanding any dispute between the
County and City hereunder, City shall make all rental payments
when due and shall not withhold any rental payments pending the
final resolution of such dispute. In the event of a determination
that the City was not liable for said rental payments or any portion
thereof, said payments or excess of payments, as the case may be,
shall be credited against subsequent rental payments due hereunder.
SECTION 5. Purpose.
The City shall use the Facilities for the purposes
described in the Joint Powers Agreement entered into by and
between the City of Redlands and the County of San Bernardino
on January 22, 1973 . And for such purposes as may be incidental
thereto.
SECTION 6. Assignments and Sublease.
Neither this Facilities Lease nor any interest of the
City or County herein shall at any time after the date hereof, be
mortgaged, pledged, assigned, or transferred by either party to
this Facilities Lease, their successors, or assigns, by voluntary
act or operation of law, or otherwise, without the prior written
consent of the other party hereto, its successors and assigns,
except as specifically provided herein.
-4-
The City shall at all times remain liable for the
performance of the covenants and conditions on its part to be
performed, notwithstanding any assigning, ;.transferring, or
subletting which may be made. The City shall have the right to
assign, with the consent of the County, its interest under this
Facilities Lease to the San Bernardino-Redlands Public Facilities
Authority for the purposes of constructing facilities described
pursuant to the Agreement mentioned aforesaidr but nothing
herein .cozai
relieve the City qg its
obligation to pay rent as provided in 'this Facilities Lease' or
to relieve the City of its other obligations contained herein.
Whenever in this Facilities Lease any consent or
approval is required., the same shall not be unreasonably
withheld.
SECTION 7. Right of Entry.
The County and its designated representatives shall
have the right to enter upon the Facilities during reasonable
business hours (or in emergencies at all times) , M to inspect
the same, (ii) for any purposes connected with the County's
rights or obligations `under this'Facilities°'Lease, or ,(iii) for
any other lawful purposes.
SECTION $, Expiration.
The City and County agree upon the expiration or,
termination of this Facilities Lease, unless the Facilities
Lease be terminated upon default by the City in the performance
of its obligations, hereunder, the Facilities at the time of
such termination, shall vest in the County.
-5-
SECTION 9. Quiet Enjoyment.
The City at all times during the term of this Facilities
Lease shall peaceably and quietly have, hold, and enjoy all portions
of the Facilities, possession of which has been transferred by the
County to the City pursuant to this Facilities Lease.
SECTION 10. Taxes,
The City covenants and agrees to pay any and all taxes
and assessments levied or assessed upon the operation of the
Facilities by the City, its sublessees or assignees.
SECTION 11, Notices.
All notices, statements, demands, requests, consents,
approvals, authorizations, offers, agreements, appointments, or
designations hereunder by either party to the other shall be in
writing and shall be sufficiently given and served upon the other
party, if sent by United States registered mail, return receipt
requested, postage prepaid and addressed as follows ;
County Clerk of the Board of Supervisors
County Civic Building
175 West Fifth Street
San Bernardino, California 92415
City City Clerk
City Hall
Redlands, California 92373
SECTION 12. Partial Invalidity.
If any one or more of the terms, provisions, promises,
covenants, or conditions of this Facilities Lease, or the
application thereof to any person or circumstance, shall to any
extent be adjudged invalid, unenforceable, void, or voidable for
any reason whatsoever by a court of competent jurisdiction, each
and all of the remaining terms, provisions, promises, covenants,
and conditions of this Facilities Lease, and the application
thereof to any other persons or circumstances, shall be affected
thereby, and shall be valid and enforceable to the fullest extent
permitted by law.
SECTION 13. Design Dispute,
The parties recognize that there exists between the
County and the architect and builder, a dispute as to the design
and function of certain portions of the auditorium building in
the Facility. The Facilities have been inspected by both the
County and the City, and no representations are made by the County
to the City as to their fitness for use beyond that determined in
the inspection, and the County anticipates that it will correct
any defects or deficiencies in design or construction of the
auditorium building.
-7-
IN WITNESS WHEREOF, the parties hereto have caused this
Facilities Lease to be executed and attested by their proper
officers hereto duly authorized, and their official seals
hereto affixed, as of the day and year first written above.
COUNTY OF SAN BERNARDINO
By
Chairman o_ the goard of
SupervisoIS
Attest:
OCT 14 1975
LEONA RAPOPORT
Clerk of the Board of Supervisors
By
Deputy
(Seal)
CITY OF REDLANDS
By
Mayor
Attest:
City C erk
(Seal)
MINUTES OF THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY, CALIFORNIA
AGIREL. -1'05-835 : CITY OF IREDLAINDS. SPACE IN-MUSEUM FOR 25 YRS: JOINT
P034-EIRS iWTHORI's Y: APPROVED.
Acting on the reco nid
menat-ion of A g--a 1T6-j--A&,Ti n orator'
on motion by Supevvisor Mikesell, duly seconded by Supervisor Smith
az-id carried, Board of Supervisors hereby approves agreement 05-035
betweea the County and the City of Redlands for 25-year lease of certain
space within the County Museum payable at the rate of $13,000 per year;
' urther, the Board authorizes the Chairman to sign said agreement,
indicating this Board' s approval of the terms and conditions therein
contained.
PASSED AND ADOPTED by the Board of Supervisors of the County of San
Bernardino, State of California, by the following vote :
AY17"S. ST-iPEaiVIS ORS: Mayfield, ilikesell, Townsend, Smith, Hansbarger
NCES: SUPERVISORS: None
2�,,I',,SENT: SUPEWISORS; None
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO ss.
1, LEONA RAPOPORT, Clerk of the Board of Supervisors of San Bernardino County, California, hereby certify the
foregoirq) to be hill, trite and correct copy of the record of the action taken by said Board of Supervisors, by vote of
the, niembi��,,rs6rosent :isiT
j-,th ne 4ijA?eX- ni
s in the Official Minutes of said Board of its ,!etin(, of
0110,BER I,
Dated: 10/15/75 LEONA RAPOPORT
cc : Auditor w/agree
Clerk of said Board.
-Landcs w/ agree
G
-cicock w/agree
S 7t 1-1
F i Ie
B
14-835-103 Rev, 1112 ut
y
AW
EXHIBIT "B"
Those portions of the Site described in the Joint Powers Agreement
as the "Civic Center Area" and the use of the facilities erected
thereon, said property being within the City of Redlands, and
shall consist of the following :
1) One Conference Room in the Museum building known as
the Orange Tree Conference Room;
2) Two Auditoriums in the Museum facilities known as
the Redlands Auditorium and the Fisk Auditorium;
3) One Display Area in the Museum facilities known as
the Hall of Man Gallery;
More specifically described as follows :
1) Orange Tree Conference Room - Located on the first
floor of the San Bernardino County Museum building,
consisting of space, 161 x 341 , with conference
table and chairs for 24 persons.
First Monday of Each Month - 8 : 00 a.m. to 12: 00 a.m.
Second Friday of Each Month - 7 : 00 p.m. to 10: 00 p.m.
2) Redlands Auditorium - Located on the second floor of
the San Bernardino County Museum building, seating
300 persons.
Sunday - 7 : 00 p.m. to 11:00 p.m. , Each Week
Fisk Auditorium and Kitchen Facilities - Located on the
first floor of the San Bernardino County Museum building,
seating 292 persons or 136 persons for food service.
Friday - 7 ; 00 p.m. to 11:00 p.m. , Each Week
3) Display Area - Hall of Man Gallery, located on the
first floor, consisting of space, 241 x 121 , with
display of agriculture--prehistoric, historic, and
present--in San Bernardino County, with emphasis on
citrus farming.
365 Days Per Year
All usage to be coordinated with the Director of the San
Bernardino County Museum.
CIAIL TAX€ S TAl[JAFNTS TO Tile irlsur'nric';� imd Trust{�Cati�pagqrly
ANDVVoiEN RECQRUED MAIt., 1'0 UFtr G 1072 at 4
I { r!e;Ffr Vd f•+''ki<4[1 fxCC I
'J
G C4.
nxc(( ' `,� � �"�� anxx 13ez-ctnstllzxo CcttYzztyl}CnIIf,
e Of(fer ;No.__.�__.-._._.___._.___ E,crc,u'
SPACE ABOVE THIS LINE FOR REGOROUR'S USE
..., }/MAIL TAX STATEMENTS TO
NAME ...._ G.^.,.A,,Y`.T-y • " . . ., . •'w'^�/?L'
;TATE r
OITOP(Ai l (Irdi .�/1 .. ,.
THIS FORM FURNISt{EP. D} ,SECUf21TY TI1LX INSURANCE COMPANY
FOR A VALUABLE CONSIDERATIOiN, receipt of is herd)), ncla1ot,'led-c'(1,
ORANGEIAND, a limited partnership
. •
hewrel)y GRAiNT(S) to the COUNTY OF SAN BERNARDINO, a body corporate acid politic of the
State of California
the fullowin.. clescrihecl real property in the unincorporated area of the
county a San Fernardlino , stab of Califort3iaa�
(Attached hereto and made a part-of)
(as i,EX1,TBIT A")
O ANGEI,AND, a limited partnership
ii
By: Citrus Investments, Inc.
General Partner
j
. Y
I)atecl.
By:
STA 'i
TE C1 ',OF. k' ?t !. }r'Z41+tR' ccw
,
C [
t s r fi r
4
C7n_..,{`7 t�elore me, the ur1a:.�:rsJ Hill,' ,
a notary IElir- in aarwd for sant County and State, pe.rsonally'
appeared �. `1 L_CCd�i _ knawn to file to
FOR NOTARY SEAt.. OR STAMP
be t?ae_._.________F'resident, aexf` _.�-� - ••- hp�� qFlo�
the corporation that Ohl'IGIAI, S%�L
executrd thewitEnn Irrsf"ument and known to me to he t1eersons.
who exer~sited the within instrurntra on behalf of said corporation,! ° 1 ARTHUR D. J01-
Said corporatiil�n? ber{1k known me to be ar-rr{-d yt/ ��"' N01,4f2Y PU 3LtC filal tF )RhltcA
!?!'t:c1 f`=ler xt i�th wit} k5rua l and acknowled�crel SAN LICPP4 DINl7 COUNTY 4�
tr'
r t - ,atdN MyCo�inuss��nF,puu>}an 2x,1335
to) me that such corporation ex*1 ted the same as such artnc�' _ -,,:•'�...-4 .._ _ _. . ,,
F>
and .,t such art' hip exefct cd same. p �i` � 115 Orange SG, Re(Ilantis, Calif. 92313
h rrr� � d)
"e t T y}rrI a !'rrntr _
",- CotttrrtortGin); at the eel ' ],inn i.ntursoctio►i of Caliiorn. atroot ,and Lee�*ot�ia�
Avenue, as Haid itite:rsecl:lan is 811otaa oil ,laid nurp; kheUco 00° 234 34" hast,
along the centerline of s California Street, a distance' ' 835.10 feet; thence
North 890 36' 2611 hast, a distance of .1.96.65 feet to the beginning of & tangent
curve, concave Southerly, having a radius of 165.00 feet; thence Southeasterly along
said curve, through a central angle of. 45° 00' UO", an are distance of 129.59 feet;
theeece South 45° 231 34" East, a distance of 245.87 feet to the beginning of a tangent
curve, concave Northerly, having as radius of 265.92' feet; thence Easterly, along last
said curve, through a central angle• og..43° 19' 2941 an* arc distance of 201.08 feet;
thehcq_South 88° 431 0311 East a distance of 377.74 feet; thence North 011, 16' 57"
Last a instance of 32.00 feet to the TRUE POINT OF BEGINNING; thence North 880 43' 0311
Cdest, 100.00 feet to a point hereinafter referred to As "POINT A"; thence North 000
23' 34" west, 190.00 feet; thence North 45° 23' 34" West, 346.42 feet; thence North
44' 36' 26" East, 236.80 feet; thence North 89° 36' 26" East 215.38 feet; thence
South 45° 23' 34" East a distance of 333.69 feet, more or less, to -a point on the
East line of said Lot 6 of Block 3 of the hereinabove mentioned henry L. Williams
Tract; thence South 00° 251 11" East, along the East line of said Lot 6, a distance
of 95.46 feet, more or less, to a ;point on said East line of Lot 6 which bears North
444 36: 26" East, a distance of 387.37 feet from the point of beginning; thence South
44" 361 26" West, a distance of 387.37+ feet to the TRUE POINT OF BEGINNING.
TOGETHER WITH a 30.00 foot road and utility easement over, under and across the
East 30.00 feet of said Lots 3 and 6, �lying Northerly of the hereinabove described .
parcel. , 1*1
ANO TOGETHER WITH an easement for'itngress and egress over and across the following
described parcels
BEGINNING at the hereinbefore desk ibed "POINT All; thence North 000 231 34" West
190.00 feet; thence North 45°+ 231 34" :,West, 346.421eet; thence South 01° 16' 57"
West, 427.61 feet; thence South 88° 4 " 03" East 257.57 feet, more or less, -to the
POINT OF BEGINNING.
RESERVING unto the grantdr, his heirs and assigns, an easement over the East
30.00 feet of the: hereinabove, described parcel for -road and utility purposes
Subject to; All resexvations, zes�rictions, rights and; rights of way of record.
The hereinabove parcel contains 5'',acres of lands more or leiss, inclusive; of that
area as hereinabove reserved for road1and utility purposes,. .
The undersigned also. G venants t,ofthe County of San Bernardino,
and does further agree thatthe said 'undersigned, his heirs
and assigns Si"LL ONLY use the following described parcels,
'hereinafter referred to as Parcels No. 1 and 'No. 2 , for pa,z-king
c� S landscaping, and/'or Oaznge groves, The undersigned does
fz:rther covenant that no structures or buildings, shall be erected
on either Parcel No., ot: Parcel No. 2 herein, described and than
said parcels shall be maintky,
ned only; as . hereinabove covenanted
by the grantors herein and imprOVekT eh,t bf'"suGh pinups shall'
be approved by the Board of, Supervisors, and by written approval
thereof, by both the granto;,, his heirs and assigns , and the
County of San Bernardino, said approval not to be unreasonably
withheld, said parcels are more particularly described as follows :
'l'hCJSe portions Of Lot }, Block 3�,!i-HBNRVL. WILLTAMIS TIL'_^T, as
per plat recorded xn' Booic 1i; o; Maps, +age 177 records of said
County, described as, follow ?s � '� �;
PARCEL NO. 1 � ; + it
I3S GINNING at the hereinbefore,' described "JOINT A'� ��hence North 009 231 341r
West 190.00 feet; thence North 4�° �23' 3t4" gest, 346:42`feet; thence �Soutl-i 01° 16'
S71t t,'est, 427.61 feet; thence South 88® 43' 0311 East
POINT OF BEGINNIX57.57 feet, more or less, tol ti
NG. ,
PARCEL NO. 2
Commencing at the hereinabove mentioned "POINT All.; thence South 880 431 03t7
East a distance of 100.0o feet t6lthe TRUE POINT 01 gnGiivNLFrG; thence North 440
36' 26`� East, 387.37 feet, �to a ppinc �on�� che���a�t
0�
2� l� E-ss t, clang said lags lire, a distance of 281.93 feet; thence North
fib° 431 03" West,_ disean+ce of x4.15 feet,. more or less, to the TRUE pOINT or
BEGINNING.
GRANT OP EASEMENT
Till' COIIN'TY OF SAN BERNARDINO, a body corporate and politic, to
SOMEA CAL11'ORNTA EDlSO1,1 COMPANY
W.O. 6431-2085/3-2021
EXHIBIT "A"
Two strips of land, each 6 feet wide, lying within that portion of Lots
3 and 6, Block 3, HENRY L. WILLIAMS TRACT, as Per Plat recorded in Book 11 of
Maps, Page 17, Records of San Bernardino County, said portion being more
particularly described as follows:
Commencing at the center line intersection of California Street and Lugonia
aAve"",, as aiac
j iaty6ation is shown on said Map; thence South 00' 234
East, long the center line of said California Street, a distance of 835.10
feet; thence North 89' 36' 26" East, a distance of 196.65 feet to the beginning
of a tangent curve, concave Southerly, having a radius of 165.00 feet; thence
Southeasterly along said curve, through a central angle of 45' 00, 00", an arc
distance of 129.59 feet; thence South 450 23' 34" East, a distance of 245.87
feet to the beginning of a tangent curve, concave Northerly, having a radius of
265.92 feet; thence Easterly, along' last said curve, through a central angle
of 43' 19' 29", an arc distance of 201.08 feet; Hence South 88* 43' 03" East,
a distance of 377.74 feet; thence North Ol* 16' 51" East, a distance of 32.00
feet to the TRUE POINT OF BEGINNING; thence North 88' 43' 03" West, a distance
Of 100-00 feet; thence North 000 231,j34" west, 19000 feet; thence North
45* 23' 34" West, 346.42 feet; thence North 44' 36' 26" East, 236.80 feet; thence
North 890 36' 26" East, 215.38 feet; thence South 45' 23' 34" East, a distance
of 333.69 feet, more- or less, to a point on the East line of said Lot 6 of
Block 3 of the hereinabove-mentioned HENRY L. WILL11MS TRACT; thence South
00' 25' 11" East, along the East line of said Lot 6, a distance of 95.46
more Or less, to a point on said East line of Lot 6 which bears North 44'feet,
East, a distance of 387.37 feet from the Point of Beginning; 36' 26''
44* 36' 26" Wes! thence South
a distance of 387.37 feet to the TRUE POINT OF BEGINNING.
The Northwesterly line of STRIP NO. 11 is described as follows:
COM01encing at the above-described TRUE POINT OF BEGINNING; thence North
88' 43' 03" west, 100.00 feet; .thence North 00' 23' 34" West, 196.00 feet; thence
North 450 .231 34" West, 346.42 feet; thence North 44' 36' 26" East, 236.80 feet;
thence NoUh .89' 36' 26" East, 114.38 feet to the TRUE POINT OF BEGINNING of this
strip description, said point also being hereinafter referred to as Point "A"
thence South 440 36' 26" Wdst,101 feet.
The Northerly and Northeasterly line of STRIP NO. 2 is described as follows:
Beginning at the above7described Point' "; then
feet; thence South 45* 23' .34" East 008.A69 feetVce North 89' 36' .26" East, 101.00
j
� � "`._Z-_"7.'".�i✓l��r�_."..." �./y. '3'_3S'tt"t4f tfit9,tT• .. 1 � " .. �`
i
r
1}
i - Al
E
t d cs rx)
14
t
�y
rs L r77 r.t' mai 1t
Mir- NT
w I
ny ,i
'rT1Y. SAN BERNARDIN'O COUNTY ROAD DEPART ir
x.:L . r �c ..0. N0