HomeMy WebLinkAboutContracts & Agreements_117-2014_CCv0001.pdf Recorded in Official Records,County of San Bernardino 10/0212014
DENNIS DRAEGER 4:31 PM
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�f9AY.n6RxnRDE.'ifk� ASSESSOR — RECORDER — CLERK SAN
^ C Priority Mail
Recording requested by Doo##; 2014—0371007 Titles: 1 Pages: s
and when recorded mail to:
City Clerk I� t Fees 0.00
Taxes 0.00
P.O. Box 3005 !+E i Other 9.66
Redlands, CA 92373 I PAID $6.99
FEES NOT REQUIRED
PER GOVERNMENT CODE LEASE AGREEMENT
SECTION 6103
This Lease is made this I"day of July,2014("Effective Date"),by and between the City of
Redlands, a municipal corporation ("Landlord"), and Trinity Community Foundation, a nonprofit
organization ("Tenant"). Landlord, in consideration of the rent to be paid by Tenant and of 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 located at 611 Chapel Street in Redlands,California.
See Exhibit A for Legal Description
ARTICLE I. TERM OF AGREEMENT
Section 1.01. Initial Term. This Lease shall be for an initial term of five(5)years from and
after its Effective Date.
Section 1.02. Renewal Term. Tenant shall have the option of renewing this Lease for five
(5) additional one-year (1) terms (each, a "Renewal Term"). Tenant may exercise its option to
renew for a one-year (1)term by providing written notice to Landlord not earlier than ninety(90)
days, and not later than forty-five (45) days, prior to expiration of the Initial Term or applicable
Renewal Term. The Initial Term and the Renewal Terms are collectively referred to herein as the
"Term" of this Lease.
Section 1.03. Early Termination. Notwithstanding the Term of this Lease,either Party may
terminate this Lease, without cause and without penalty, at any time by giving one (1) year prior
written notice to the other Party.
ARTICLE 2. NOMINAL RENT
Section 2.01. Rent. Tenant shall pay to Landlord rent for the Premises each year during the
Term in the sum of one dollar($1.00) ("Rent"). The Rent shall be payable annually on or before
June 18th each year at the office of Landlord at 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 for
educational purposes,including but not limited to,tutoring,counseling,mentoring and recreational
programs and activities. Tenant shall not use or permit the Premises to be used for any other
purpose without the prior written consent of Landlord. Further, Tenant shall not use or permit the
I icaldjm\AgrcementslTCF Lease Agreement 2014-Chapel(Red Cross)-revised 6 18 14 doc
Premises, or any part thereof, for the storage of hazardous or toxic chemicals or substances,or for
any similar purpose.
Section 3.03. Waste or Nuisance. Tenant shall not commit,or permit the commission of 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,
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
Tenant in a proceeding brought against Tenant by any government entity,that Tenant has violated
any 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,gas,solid
waste,telephone and security. 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.
ARTICLE 5. ALTERATIONS AND REPAIRS
Section 5.01. Condition of Premises. Tenant accepts the Premises,as well as improvements
located on the Premises, in their present condition.
Section 5.02._Maintenance by Tenant. Tenant at its cost shall maintain in good condition all
portions of the Premises,including but not limited to the following:
1. The structural parts of the building and other improvements that are a part of the
Premises, which structural parts include the foundations, bearing and exterior walls
(including glass and doors), subflooring and roof.
2. The electrical, plumbing and sewage systems, including those portions of the systems
lying within the Premises.
3. Window frames,gutters and downspouts on the building and other improvements that are
a part of the Premises.
4. Air conditioning,heating and ventilating systems servicing the Premises(air conditioning
and heating filters are to be changed quarterly).
5. Interior maintenance and restrooms, including cleaning.
6. Tenant shall provide a written report to Landlord on or before March 151h of each
calendar year that summarizes the necessary repairs or maintenance performed on the
Premises by Tenant during the preceding calendar year,and the anticipated maintenance and
capital improvements that may be completed during the then-current calendar year.
Lka\djm\Agreements\TCp Lease Agreement 2014-Chapel(Red Cross)-revised 6 18 14 doc
7. Upon five (5) days prior written notice, Landlord shall have the right to enter the
Premises during a weekday,at reasonable times,for the purpose of determining whether the
Premises are in good condition. Should an inspection disclose the need for maintenance or
repairs, Landlord will provide Tenant with written notice of any items requiring repair or
maintenance. If remedial action is not commenced on said items by Tenant within thirty(30)
days from the provision of such notice and diligently pursued to completion thereafter,
Landlord and its agents may enter the Premises and take whatever action is necessary to
perform such maintenance or repairs at Tenant's expense. The Tenant shall have the right to
accompany all Landlord representatives on all such inspections of the Premises. Landlord
shall conduct its activities on the Premises as allowed in this paragraph in a manner that will
cause the least possible inconvenience,annoyance, or disturbance to the Tenant.
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. 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 furniture 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. A 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, immediately terminate this Lease.
Section 6.02. Default Defined. The occurrence of the following shall constitute a default
and breach of this Lease by Tenant: (1)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.
I 1ealdjm\Agrecments\TCF Lease Agreement 2014-Chapel(Red Cross)-revised 6 18 14 doe
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 this Lease.
Section 6.04. Landlord's Right to Cure Tenant Defaults. if Tenant breaches or fails to
perform any of the covenants or provisions ofthis 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 by Landlord of any breach by Tenant for
any of the provisions of this Lease shall not constitute a continuing waiver of a waiver of any
subsequent breach by Tenant whether of the same or another provision of this Lease.
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 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. Attorneys' 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's
fees in that action as determined by the court,including fees for a Party's use of in-house counsel.
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
IAca\djm\Agreements\TCP Lease Agreement 2014-Chapel(Red Cross)-revised 6 18 14 doe
other communications required or permitted by this Lease or by law to be served on or given to the
Parties to this Lease shall be in writing and 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,
Redland,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. 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 the Parties.
Section 7.06. Possessory Interest. Tenant shall pay any and all taxes and assessments which
may,during the term of this Lease,be Ievied 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.
Section 7.07. Assignment. Tenant shall not assign this Lease, or any interest in it,without
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 option 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, 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.
Section 7.09. Public Liability and Property Damage Insurance. Tenant shall secure and
maintain throughout the Term of this Lease public liability insurance in the amount of one million
dollars($1,000,000)per occurrence and two million dollars($2,000,000)in the aggregate,issued by
a responsible insurance company licensed to do business in the State of California and acceptable to
Landlord. Tenant shall require the carriers of the above required coverage to waive all rights of
subrogation against Landlord and its elected officials,officers, employees, agents and volunteers.
The policy shall name Landlord and its elected officials, officers, employees, agents and
volunteers as additional insureds and such insurance shall be primary with respect to Landlord and
non-contributory with any insurance or self-insurance programs carried or administered by
Landlord. Tenant shall provide Landlord with a certificate of insurance with endorsements
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evidencing such insurance concurrent with Tenant's execution of this Lease. The policy shall
require that before amending or canceling the policy, the issuing insurance company shall give
Landlord at least thirty(30)days prior written notice.
Executed on this 1"day of July, 2014, at Redlands, California.
CITY OF REDLANDS TRINITY COMMUNITY FOUNDATION
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Pete Aguila , ayor David Wilson,y1irector
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ATTEST:
Sam Irwin, 1<t}+Clerk
:'ca djm'Agreements TCF Lease Agreement 2014-Chapel(Red Cross)-revised 6.18.14 doc
Exhibit "A"
LEGAL DESCRIPTION OF 611 CHAPEL STREET, REDLANDS, CA
Lugonia Heights, Lots 15 and 16, Block 8
APN 0170-082-09-0000
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of,.J �
On Q'2 7 d q" / before me, t_% "h �Q CCyt PuJql;�
Date ! , i Here Insert Name and Title of O[liicer
�L-�
personally appeared �c WPA5 4OV-)
Names)of Signer(s)
who proved to me on the basis ofs 'sfactory evidence to
be the person(s) whose name(s) sl re subscribed to the
w in instrument and ackno "ed to me that
he/they executed the same in is er/their authorized
capacity(ies), and that byIs er/their signature(s) on the
C. CARL instrument the person(s), or the entity upon behalf of
COWN,iIk2062Sii �
NOTARY.PLBL�*CALIFORNIA?5 the person(s) acted, executed the instrument.
SAN BERNARDINO COUNTY
ecomdaiDn EViw Apr 24,2018 I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my
hand and official seal.
e 6ca===' -
Signature
Place Notary Seal Above Signature of Notary Public
OPTIONAL
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 f^
Title or Type of Document: 'e_
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s):
❑ Partner—❑Limited ❑General _ _ ❑ Partner ❑ Limited ❑General WWW"
❑ Attorney in Fact ❑Attorney in Fact •
❑ Trustee Top of thumb here ❑Trustee Top of thumb here
❑ Guardian or Conservator ❑Guardian or Conservator
❑ Other: ❑Other:
Signer Is Representing: Signer Is Representing:
02007 National Notary Association•9350 Do Soto Ave.,P.O.Box 2402-Chatsworth,CA91313-2402-wvwNadonWNotaryorg Item#5907 Reorder Call Toli-Free1-800-876-6827
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 July 1, 2014, before me,
Jeanne Donaldson, Deputy City Clerk, on behalf of Arthur S. Irwin, City Clerk of the City of Redlands,
California, personally appeared Pete Aguilar, Mayor, and Arthur S. Irwin, City Clerk of the City of
Redlands, who 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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
���e�wIlIM11111�'i WITNESS my hand and official seal.
`,\N OF R E0C
tia ARTHUR S. IRWIN, CITY CLERK
�j WOF" *6
* * 1888
By
Jejdme Donaldson, Deputy City Clerk
��rr�rlf1Natt�,� (909)798-7531
CAPACITY CLAIMED BY SIGNER(S)
{ } Individual(s) signing for oneseWthemselves
{ } 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—611 Chapel Street, Redlands, California
Date of Document: July 1, 2014
Signer(s) Other Than Named Above: David Wilson, Trinity Community Foundation Director