HomeMy WebLinkAboutContracts & Agreements_44-1998_CCv0001.pdf ` SE C(4*PLETE THIS INFORFAA-nON
Recorded in Official Records, COUnty of
San Ber'nardino, Errol J MaCkzunl, Recorder.
RECORDING REQUESTED BY: No Fee
Doc No . 19980332723
08 * 11am 08/ 18/98
AND WHEN RECORDED MAIL TO:
20S 20157413 02 18
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NON, CIT-CO TRANS-TAX E)CAM
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SPACE ABOVE FOR RECORMR,S USE ONLy
Attre-4--moe-J
�hje of Document'
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THIS COVER SHEET ADDED To PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
($3.00 Additional Recording Fee Applies)
(Rev.41011971*er
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Recording Requested by
and when Recorded mail to
City Clerk
City of Redlands
PO Box 300
Redlands, CA 92373
FEES NOT REQUIRED
Kk GOVERNMEta CODE
LEASE AGREEMENT I N 6103
This Lease Agreement is made and entered into this 4th day of august, 1998,(the"Effective
Date")by and between the City{of R dlarids,a ii-tunicipall corporation hereinafter"Lessor")and the
Redlands Community Music Association, Inc, a non-profit organization (hereinafter "Lessee")
In consideration of the mutual promises contained herein, and for such other good and
valuable consideration the receipt of which is hereby acknowledged the City of Redlands and the
Redlands Community Music Association, Inc. agree as follows:
AGREEMENT
Section I.-Premises. Lessor hereby leases to Lessee the real property located at 168 Eureka
Strut in the City of Redlands(the "Premises").
Section 2. Term, This Lease shalt be for a terns of five t f years commencing on the
Effective bate. Lessee shall have the option to extend the term o f this Lease for successive five t
year ternis (to the extent pernutted by law) commencing July 2 l a 003 on the: sante terms and
conditions as this Lease. Lessee shall exercise such option by providing written notice to Lessor
V)JM 12 17PW
within thirty (30) days before the date of expiration of the original term of this Lease, or the then-
expiring extension terin of this Lease,
17
Section3. Rent. Lessee shall pay Lessor rent in the sura of one dollar($I)per year for use
and occuparicy of the Premises. The rent shall be payable on August I st of each year during the term
I
of this Lease at the office of Lessor at 35 Cajon Street, Redlands, California, 92373,
Section 4. Use
_Q�t�Prem�ises. Durin the term of this Lease. and any extension thereof, the
Premises shall be used by Lessee for offices,meeting rooms,rehearsal rooms, reception rooms and
for uses ordinarily related to such purposes. Lessee is also authorized to accept bookings for uses
of the Premises by third parties, which bookings shall be mutually agreed upon by Lessee and
Lessor,including but not firrilted to receptions and meetings provided such uses are permitted by the
conditional use permit issued for the Prernises. All fees for such bookings shall be set and collected
by Lessee and shall be the property of Lessee. No other use of the Premises is permitted without
the prior written consent of Lessor.
SecULo_n_-.5. Taxes_and Utilities. Lessee shall pay all costs associated with the furnishing of
electricity (except for the public restrooms), gas and telephone utilities to the Premises during the
tenni of this Lease, and Lessee shall install a separate meter, at Lessee's cost., for electrical usage to
serve the public restrooniswithin
1, 1 the e Premises. Lessor shall pay all costs associated with the
furnishing of water,sewer and solid waste services to the Prermses during the term of this Lease and
shall be responsible for all electricity charges to the public restroorns.
DJM 1217PW 1)
Section ti. Alterations and Rgpajrs, Lessee accepts the Premises,as well as all improvements
located thereon, in then-present condition as Is, except that Lessor shall remove all contents from
storage buildings located at the rear of the Premises in a tinier' fashion.
Section 7. Maintenance of"Premises by Lessee. Lessee shall, at its own cost, maintain the
Premises and all it in good order and repair, reasonable wear and tear excepted,except
as provided in Section 7.1 below. Lessor shall have the right to enter the Premises, at reasonable
times, fior inspection purposes. Should an Inspection disclose the need for maintenance or repairs,
Lessor will provideLesseewith written notice of any items requiring repair or maintenance. Ifac tion
is not taken on said items by Lessee with thirty (30) days from the provision of such notice, Lessor
and its agents may enter the Premises and take whatever action is necessary to perform such
maintenance or repairs at Lessee's expense. Lessee shall also be responsible for any costs of any
repairs to the structural elements of the Premises caused by Lessee's or its employees, agents and
invitee's actions.
Section 7.1 Mal nteriance of Prerms-eshy Lessor. Lessor shall be responsible for maintenance
and repair of the structural elements of the Premises. "Structural Elements" shall include the roof,
gutters, downspouts, exterior walls, doors, windows, structural, supports, and foundation of the
Premises. Lessor shall also maintain the grounds and landscaping of the Premises and the public
restrooms, including cleaning, prior to and after scheduled functions at the Redlands Bowl.
11IN4 1217PW 3
Section S. Surrender of'Premises. On expiration or earlier termination ofthis, Lease, Lessee
shall promptly surrender and deliver the Premises to Lessor in as good condition as the Premises are
in on the date of this [-ease, excluding reasonable wear and tear.
4--
Section 9. Inivrovenients, Lessee shall not make any improvements to the Premises without
the prior written consent of Lessor which consent shall not be unreasonably withheld. All Lessee
proposals for improvements shall be submitted in writing to Lessor tor its consideration and prior
approval. Lessor shall approve or disapprove said proposals within twenty (20) days of their
submission, Lessor acknowledges that Lessee intends to make improvements to facilitate the use of
the Premises as described in Section 4 above. Planned improvements include,but are not limited to,
the removal of the storage buildings at the rear of the Premises and tile construction of restrootlis
which will be available to the public during functions at the Redlands Bowl, and at such other
ftinctions as Lessor may determine. Lessee shall have the right to remove all improvements made by
it to the Premises provided such removal results in no darilage to the Premises,reasonable wear and
tear excepted. Any improvements made to the Premises, and not removed by Lessee shall, on
expiration or earlier termination of this Lease, remain oil the Prernises and become the property of
Lessor.
Section 10. fndemnitv. Lessee shall defend, indemnify and hold harmless Lesson its elected
officials, officers and employees from and against any and all liability resulting from the Lessee's
negligent acts or omissions, and intentional wrongful acts of Lessee, and its agents and employees
and invitees (except those members of the public making use of the Public restrooms), during
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Lessee's occupation and use of the Premises during the term of this Lease. Such indemnification
shall not exceed the maximum coverage provided by the insurance specified in Section I I below.
Lessor shall defend,indeinnity and hold harmless Lessee,its officers,directors and employees
from and against any and all liability resulting from the Lessor's negligent acts or omissions, and
intentional wrongful acts of Lessor,and its agents and employees during Lessee's occupation and use
of the Premises during the, term of this Lease.
Section 11. Public Liability and Prete.,Damage Insurance. Lessee shall maintain at its
own cost for the term of this Lease,public liability Insurance in the amount of S 1,000,000, issued by
a responsible insurance company licensed to do business in the State of California and acceptable to
Lessor. Lessee shall provide Lessor with a certificate of insurance showing Lessor to bean additional
insured on the policy. Such insurance shall be primary with respect to Lessor and non-contributory
to any insurance or self-insurance maintained by Lessor. The policy shall require that before
amending or canceling the policy, the issuing insurance company shall give Lessor at least 30 days
prior written notice. Lessee shall obtain at its own cost, insurance to cover damage or destruction of
all fixtures, equipment and other items located on the Premises,
Section 12, Assi(,mirient ofRights. Lessee shall not encumber,assign, sublease or otherwise
transfer this Lease or anvaht or interest therein without the prior xv-ritten, consent of Lessor, Any
I ri—
such encumbrance, assignment, sublease or transfer without such prior consent of Lessor shall
DAM 12 17PW 5
constitute an immediate breach of this Lease and may, at the sole discretion of Lessor, result in the
imiliediate termination of this lease.
Section 13. Atton_,iev.sFee.,-,. In the event any action is commenced to enforce or interpret the
terms or conditions of this Lease, the prevail in party shall, in addition to any costs and other relief,
be entitled to the recovery of its reasonable attorneys' fees.
Section 14. Personal_Property Insurance. Lessee shall,at its own cost,maintain an insurance
Policy issued by a reputable insurance company authorized to do business in the State of California
and acceptable to Lessor insuring, all fixtures,equipment, furniture and personalty. Lessor assumes
no responsibility for the loss, dainage or destruction of items belonging to Lessee or others on;the
Premises.
Section 15, Possessory Interest, In accordance with>California Revenue and Tax Code
Section 107 6,Lessor is hereby notifying Lessee that the leasehold interest created by this Lease may
be subject to property taxation and Lessee may be subject to the payment of property taxes levied on
such interest. Lessee shall be solely responsible for the payment of such taxes and shall defend,
indemnify and hold Lessor harmless 1roin and against any and all claims or actions for payment(or
non-payrnent) of such taxes,
Section 16. Notices. Any and all notices required or permitted by this Lease shall be ill
,vrnlng and shall be deemed served when personally delivered or when deposited in the United States
DIM 12 1 7PW 6
Mail first-class postage paid to Lessor at 35 Cajon Street, Redlands, CA.92317-3-1505 and to Lessee
at 168 Eureka, Redlands, CA 92371
Section 17. Entire Aacement. This Lease constitutes the entire aureement between Lessor
In
and Lessee regarding the leasing of the Premises to Lessee. Any prior written or oral agreements or
representations respecting the Premises or their leasing by Lessor or Lessee not expressly set forth
are null and void.
Section 18. Modifications. Any and all modifications to this Lease shall be in writing and
executed by both parties.
Section 19. Termination, Notwithstanding any other provision of this Lease, Lessor may
terminate this Lease during any term or extension of term thereof, without cause, by giving Lessee
vv'ritten notice anytime within one (1)year prior to the expiration of such term or extension thereof.
In the event of any ter runation of this Lease by Lessor,Lessor shall pay to Lessee the then-appraised
value of any capital improvements to the Premises made by Lessee during the term of this Lease.
Section 20. Severability. ff any particular provision of this Lease is held invalid or
unenforceable for any reason,this Lease shall otherwise remain in full force and effect and shall be
construed in all respects as if such invalid or unentorceable provision were ornitted.
DAM I 217PW 7
Executed on 4th day of August, 1998, at Redlands, California.
CITY OF I ESE E AND (Lessor)
�Po
lea €carr, Cit4Re s
ASSOCIATION, INC. (Lessee)
'
,r
By, Conant K. Halsey
ATTEST:
-° y: David d B. lea f
�'C
,ity err, Cit � (Odla tads
ALL-PURPOSE ACItNOWLEDG. IE.NT
TATE OF CALIFORNIA
COUNTY OF SAN BER IARDINO SS
CITY OF R DLA D
By the authority granted under Chapter 4, Article 3, Section 1.181, of the California Civil Code,
and Chapter 2, Division 3, Section 40814, of the California Government Code, on August 4
1998, before me, Beatrice Sanchez, Deputy City Clerk, on behalf of Lorrie Poy er, City Clerk of
the City of Redlands, California, personally= appeared William E. Cunningham and Lorrie Poy er
personally known to me - or 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 nye 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 seat;
Reo LORR E PO ER, CITY CLERK
k.
`m A
By.1888
Beatrice Sanchez, Deputy City Clerk
(909)798-7531
CAPACITY CLAIMED BY SIGNER(S)
Individual(s) signing for oneself"/themselves
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 TC1THE DOCUMENT DESCRIBED BELOW
Title or Type of Document: Lease Agreement for property at 168 Eureka Street, Redlands
Date of Document August 4 1998
Signer(s) Other Than Named .Above. Redlands Community Music association
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 August 10,
1998, before me, Beatrice Sanchez, Deputy City Clerk, on behalf of Lorrie Poyzer, City Clerk of
the City of Redlands, California, personally appeared Conant K. Halsey and David B. Raff
f x I personally known to me - or - I ) proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his authorized capacity(ies) and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
0r- Rei
LORRIE POO ER, CLERK
18
88 By,
Beatrice Sanchez, '17,1eputy City Clerk 4y-
` art ac ZV/
(909)798-7531
CAPACITY CLAIMED BY SIGNER(S)
Individual(s) signing for oneself/themselves
Corporate Officer(s)
Title(s)
Company
Partner(s)
Partnership
Attorney-In-Fact
Principal(s)
Trustee(s)
Trust
Ix Other
Title(s): President and. Chief Financial Officer
Entity Represented: Redlands Community Music Association , Inc.
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW-
Title or Type of Document: Lease Agreement
Date of Document: August 4, 1998
Signer(s) Other Than Named Above: William E. Cunningham and Lorrie Poyzer
EXHIBIT "A"
Lease Agreement dated August 4, 1998
z:1
between
City of Redlands
and
Redlands Community Music Association, Inc.
LEGAL DESCRIPTION
168 South Eureka Street
Redlands, California
Assessor's Parcel No. 171-244-30
Lot I in Block "B" of SMILEY ADDITION, in the City of Redlands, County of
San Bernardino, as per plat recorded in Book 13 of Maps, page 31, records of said
County.
Subject to: covenants, conditions, restrictions, reservations, rights, rights of way
and easements of record.
Mary Clegg, Todd Sanders, and Jack Walker and authorized the Mayor and
City Clerk to execute the documents on behalf of the City.
Eunds - Contract - Cable Television - On motion of Councilmember Gilbreath,
seconded by Councilmember George, the City Council approved, by AYE
votes of all present, extension of the contract with Gerald Hanson for cable
television consultant services through June 30, 1999, and to appropriate
$3,000.00 to cover the cost of the contract.
Lease ALyreement -.-Redlands CommuniM, Musics--Association - On motion of
Councilmember Gilbreath, seconded by Councilmernber George, the City
Council approved, by AYE votes of all present, a revised lease agreement
between the City of Redlands and the Redlands Community Music Association
for 168 South Eureka Street, and authorized the Mayor and City Clerk to
execute the document on behalf of the City. Mayor Cunningham reported
both parties had finally hammered out agreeable terms in regards to the
utilities and thanked everyone for their patience.
PLANN1NU.AND COMM.UN1T_YDE_VEL0.PMEN
�T
Sign Code - Automobile Dealerships - Community Development Director
-
Shaw reported the City received a letter from Brian J. Wood, General.
Manager of Redlands Ford, written on behalf of the car dealers in the City of
Redlands requesting modifications from the provisions of the new Sign Code
for signs associated with the automobile dealerships. The letter identifies
three categories of signs for which the car dealers would like reconsideration:
(1) pennants, streamers, or similar devices which are suspended from ropes,
strings, or similar devices, (2) pole signs; and (3) tethered balloons or
balloons of any shape or size including those filled with air or lighter-than-air
gases. Staffhas recognized the unique situation of car dealers and their need
to compete regionally with car dealers within the Inland Empire. The City
may want to consider standards that are more flexible for automobile
dealerships than would otherwise be permitted. If the City Council concurs,
staff will initiate an ordinance text amendment which would be reviewed by
the Planning Commission. After a public hearing, the Planning Commission
would then make a recommendation to the City Council. The City Council
would make the final decision on whatever final amendments would be
deemed appropriate. Recognizing their unique position, Councilmember
Cunningham moved to direct staff to initiate an ordinance text amendment to
allow changes in the signage for automobile dealerships. Motion seconded by
Councilmember George and carried by AYE votes of all present.
Aagust 4, 1998
Page 4
Federal Summer Jobs Program - The United States Conference of Mayors has
notified us that the Federal Sumner Jobs Program is facing elimination for the
summer of 1999. Councilmember Freedman will follow up on this matter.
909 Area Code Study - The Telecommunications Act of 1996 directed the
Federal Communications Con-u-nission (FCC) to designate an impartial
numbering administrator to make telecornmunications numbering available on
an equitable basis. The 909 area code in California is projected to exhaust
during the fourth quarter of 1999. On August 4, 1998, a meeting will be held
in Norco to receive input from a broadrange of local jurisdiction
representatives. Councilmember Freedman requested staff to obtain copies of
the maps referred to in the letter from Lockheed Martin IMS. No one will be
able to attend the meeting as a City Council, meeting will be held on the same
day.
Downtown Trolley - Councilmember George urged the City Council to study
the possibility of operating a trolley in town. He felt other entities (such as
the University of Redlands, SSRI, Downtown Redlands Business Association)
might be willing to join in a public/private partnership. Mayor Cunningham
thought funds might be available from the Air Quality Management District.
Councilmember George moved to direct staff to look into funding sources for
the purchase of an electric or low emissions level natural gas trolley to operate
in town and to report back to the City Council their findings along with
research on the cost of options. Motion seconded by Councilmember Banda
and carried unanimously.
UNFINISHED BUSINESS
AgLeement, - Redlands Connnunity,,...Music Association - A draft lease
agreement between the City of Redlands and the Redlands Community Music
Association for property located at 168 South Eureka Street was presented for
the City Council's consideration. Mayor Cunningham reviewed the items in
the proposed lease and movedto approve the lease agreement between the City
of Redlands and the Redlands Community Music Association and authorized
the Mayor and City Clerk to execute the document on behalf of the City.
Motion seconded by Councilmember Freedman and carried unanimously,
CLOSED SESSION
The City Council meeting recessed at 4:00 P.M, to a Redevelopment Agency
meeting and reconvened at 4:01 P.M. to a closed session to discuss the
following:
July 21, 1998
Page 5