Loading...
HomeMy WebLinkAboutContracts & Agreements_143-2001_CCv0001.pdf Recorded in official Records, county Of San Bernardino, Larry Walker, Recorder Recording requested by 0.00 and when recorded mail to: Doc No . 20010557098 04 * 59PM 12/07/01 City Clerk 205 40297986 01 16 City of Redlands PO Box 3005 Redlands, California 92373 1 r— 7 F-­] 3 r— 4 F--j 5 F-1 6 r— 7 [— 8 9 r--j 0 PG f a XAPF GS PH CPY CRT CPY ADD NM PEN PH PCOR —- ,_— RA— NdN L J— T LN SVY CIT CD TRANS TAX DA CHRG "-I-XAM LEASE AGREEMENT This Lease, for reference purposes, dated October 2, 2001 is entered into by and between the City of Redlands, a municipal corporation ("Landlord"), and The Boys and Girls Club of Redlands, a California corporation ("Tenant"). Landlord, for the purpose of enhancing opportunities for youth in the City of Redlands and in C consideration of the rent to be paid by Tenant and the covenants to be kept and performed by Tenant under this Lease, hereby leases to Tenant, and Tenant, in consideration of the covenants to be kept and performed by Landlord under this Lease, hereby leases from Landlord, the real property together with improvements in Redlands, California, known as 1255 Clay Street, (the "Premises") and such remaining portions of 1235 and 1251 Clay Street to carry out the intent of the parties. It is the intent of the parties that Tenant shall have the sole and exclusive use of the building located at 1255 Clay Street, Redlands, California; provided, however, that should Tenant not be utilizing the building r ild' for its programs or other such uses, Landlord retains the right to conduct meetings upon appropriate Pctice to Tenant at said building. In addition, Tenant shall have the exclusive use of such portions of the remaining property sufficient tf,. allow Tenant to construct a basketball court and a grassy play area. It is estimated that Tenant will utilize approximately 12,000 square feet for this endeavor. It is further intended and understood that Landlord and Tenant intend to enter into such joint use agreements as to maximize its facility. Assessor's Parcel Nos. 167-24-15, -16 and -17 as described in the map and legal description attached hereto as Exhibit A is further described as "the property." ARTICLE 1. TERM OF LEASE Section 1.01. Original Tenn. This Lease shall be for an initial term of ten (10) years commencing on the date a Certificate of Occupancy is issued for the existing building located at 1255 Clay Street. Section 1.02. Automatic Renewals of Term. Provided the Tenant is not in default under this Lease, this Lease shall renew for six (6) five (5) year terms unless Tenant indicates its written intent not to renew by providing notice in writing to Landlord not later than 180 days prior to expiration of the original term or any renewal term. ARTICLE 2. NOMINAL RENT Section 2.01. Rent. Tenant shall pay to Landlord rent for the Premises each year during both the Original Tenn and the Renewal Terms (if exercised by Tenant) of One Dollar ($1.00) ("Rent"). The Rent shall be payable annually on or before the first day of July at the office of Landlord at 35 Cajon, Suite 200, 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 solely for a Boys and Girls Club and all related uses. In addition, Tenant reserves the right to hold such fund raisine, activities to further the purposes of the Boys and Girls Club. 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 One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) aggregate for public liability, property damage and personal injury. Tenant shall also obtain worker's compensation and employee's liability insurance which meets the statutory requirements. A copy of the policies of insurance shall be provided to Landlord by Tenant prior to Tenant's occupancy of the Premises. The insurance policies shall name Landlord as an additional insured, and Tenant's insurance shall be primary with respect to any liability or worker's compensation insurance or policy of self insurance of Landlord. The insurance shall not be canceled or modified during the term of this Lease without forty-five (45) days prior written notice to Landlord. Tenant shall not commit or permit the commission of any acts on the Premises nor use or pen-nit 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. Tenant shall, at its own cost and expenses, comply with any and all requirements of Landlord's insurance carriers necessary I ry 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 waste or nuisance on the Premises, 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, 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 by i ZIM 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. UTILITIES Section 4.01. Tenant's Obligations. Tenant shall pay and hold Landlord free and harmless from the following: Charges for utilities to the Premises, including electricity, gas and telephone. In addition, Tenant is responsible for security and janitorial services for the premises. Tenant shall pay these utilities directly to provider of the service and shall make payment as the charges become due and payable and in any event before delinquency. I Section 4.02. Landlord's Obligations. Landlord shall provide to the Premises at its sole cost water and solid waste service and landscaping services. 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. Tenant further agrees with and represents to Landlord that the Premises have been inspected by Tenant, that it has received assurances acceptable to Tenant by means independent of Landlord or any agent of Landlord of the truth of all facts material to this Lease, and that the Premises are being leased by Tenant as a result of its own inspection and investigation and not as a result of any representations made by Landlord or any agent of Landlord except those expressly set forth in this Lease. Section 5.02. Maintenance by Landlord. Landlord shall, at its own cost and expense, maintain in good condition and repair the structural elements of the Premises after the building has been inspected and issued a Certificate Of Occupancy by appropriate City of Redlands officials and stating that the building is in compliance with appropriate codes. For purposes of this section, structural elements" shall mean, with respect to any improvements on the Premises, the exterior roofs, exterior walls, structural supports and foundations. Notwithstanding the foregoing, Landlord shall not be liable for any damages to Tenant or the property of Tenant resulting from Landlord's failure to make any repairs required by this section unless written notice of the need for those repairs has been given to Landlord by Tenant and Landlord has failed for a period of thirty (30) days after receipt of the notice, unless prevent by causes not the fault of Landlord, to make the needed repairs. Notwithstanding anything in this section to the contrary, Tenant shall promptly reimburse Landlord for the full cost of any repairs made pursuant to this section required because of the negligence or other fault, other than normal and proper use, of Tenant or its employees, agents and subtenants, if any. Section 5.03. Maintenance by Tenant. Except as otherwise expressly provided in section 5.02 of 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 and in as safe and clean a condition as they were when received by Tenant from Landlord, reasonable wear and tear excepted; provided, however, that Tenant shall not undertake any repairs other than general maintenance, cleaning and painting without prior written notice to and the prior written consent of Landlord. Section 5.04. 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. It is anticipated that Tenant shall be making significant alterations, modifications and improvements to the Premises. Landlord shall be provided with plans for any such alterations and modifications and 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, improvements and fixtures, except furniture and trade fixtures, made or placed in or on the Premises by Tenant or any other person shall, on the expiration or earlier termination of this Lease, become the property of Landlord and remain on the Premises. Section 5.05. Inspection by Landlord. Tenant shall permit Landlord and Landlord's agents, representatives and employees to enter the Premises at all reasonable times for the purpose of inspecting the Premises to determine whether Tenant is complying with the terms of this Lease, for the purpose of doing other lawful acts that may be necessary to protect Landlord's interest in the Premises or for the purpose of performing Landlord's duties under this Lease. Section 5,06. 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 they are now at the date of this Lease, excluding reasonable wear and tear, and repairs required to be made by Landlord under this Lease. ARTICLE 6. DEFAULT, ASSIGNMENT AND TERMINATION Section 6.01. Restriction Against Subletting or Assignment. Tenant shall not encumber, assign 4 or otherwise transfer this Lease, any night 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 members, employees, guests and agents to occupy the Premises or any part of the Premises without the prior written consent of Landlord. A consent by Landlord to one assignment, one subletting or one occupation of the Premises by another persons 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 or law or otherwise, is void and shall at the option of Landlord 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 unreasonably withheld. Section 6.02. Default Defined. The occurrence of the following shall constitute a default 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. It shall also be a default under this Lease if Tenant abandons the building or fails to utilize the building for the purposes of a Boys and Girls Club for a period of 180 days. 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 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. Noncontinuina Waiver, The waiver of Landlord of any breach by Tenant of any of the provisions of this Lease shall not constitute a continuing waiver or a waiver of any subsequent breach by Tenant either of the same or another provision of this Lease. 5 ARTICLE 7. MISCELLANEOUS Section 7.01. Force Majeure, Unavoidable Delays. If the performance of any act required by this Lease to be performed 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 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 as required by this Lease or the performance of any act rendered difficult solely because of the financial condition of the party required to perform the act. Section 7.02. Attorney Fees. If any action is commenced to enforce or interpret the terms or 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, a reasonable sum as and for its attorney fees in that action as determined by the court. Section 7.03. Interpretation. Both parties have agreed to the language of this Lease. 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 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 tot he party to whom it is directed, or in lieu of personal service, when deposited in the United States mail, first class postage prepaid, address to Tenant at Boys and Girls Club of Redlands, P.O. Box 8416, Redlands, California 92375, or to Landlord at 35 Cajon Street, Suite 200, PO 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. C71 Section 7.05. Entire Agreement. This instrument constitutes the entire agreement between Landlord and Tenant respecting the Premises, the leasing of the Premises to Tenant, or 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 instrument are null and void. This Lease 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 owned by Tenant and located on the Premises. Tenant acknowledges an agrees that in accordance with California Revenue and Taxation Code section 107.6, the Premises may be subject to property 6 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. Section 7.07. Assignment. Tenant shall not assign this Lease or any interest in it without the prior written consent of Landlord. Consent to any one assignment by Landlord shall not be deemed consent to any subsequent assignment. Any such assignment without the prior written consent of Landlord shall be void and shall at Landlord's opinion terminate this Lease. Tenant's interest in this Lease shall not be assignable by operation of law without the written consent of Landlord. Section 7.08 Hold Harmless, Defense Obligation and Indemnity. Tenant shall defend, indemnify and hold Landlord and Landlord's elected officials, officers and employees, free and harmless loin and against any and all losses, claims, damages, actions, causes of action, costs, property J damage and injuries, including death, and any attorney 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. Dated: Dated: cel/�'2-1,11 CITY OF REDLANDS THE BOYS AND GIRLS CLUB OF REDLANDS B Mayor President Attest: City V L,) 7 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 October 2, 2001, before me, Beatrice Sanchez, Deputy City Clerk, on behalf of Lorrie Poyzer, City Clerk of the City of Redlands, California. , personally appeared Pat Gilbreath and Lorrie Poyzer I Xj personally known to me - or - I I 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. WITNESS my hand and official seal. NX\0_rr RE 04 LORRIE POYZER, CITY CLERK /z By: % 1888 Beatrice Sanchez, Deputy City Clerk (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, California THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW: Title or Type of Document: Lease Agreement Date of Document: October 2, 2001 Signer(s) Other Than Named Above: Linda Serros for Boys and Girls Club of Redlands STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO On September 27, 2001 before me, Linda Emmerson, Notary Public for the State of California, personally appeared Linda Serros, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. ME . 66� UNDO EMMERSON Signature of Notary Public cww�ddw#1264468 WCjry PU30C_ 7 z Conforr9a 13 sOn Bwcosho County - A4yCmrm-Whxjun16,2w4 EXHIBIT A Parcel Number 0167-242-15 Legal Description - PTN NE 1/4 NW 1/4 NE 1/4 SW 1/4 SEC 22 TP IS R 3W COM at intersection S LI Lugonia Avenue and W Ll Clay Street, Redlands. Parcel Number 0167-242-17 Legal Description - PTN NE 1/4 NW 1/4 NE 1/4 SW 1/4 SEC 22 TP I S R 3W Described as COM 146.5 FT S of SW corner Lugonia Avenue and Clay Street, Redlands. Parcel Number 0167-242-16 Legal Description - PTN NE 1/4 NW 1/4 NE 1/4 SW 1/4 SEC 22 TP I S R 3W COM 100 FT S of intersection S LI Lugonia Avenue and Clay Street, Redlands.