HomeMy WebLinkAboutContracts & Agreements_57-1995_CCv0001.pdf MINUTES OF THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY, CALIFORNIA
R.E.S. , Genii.
CSD June 6, 1995
Agree. No. 95-394
FROM: MANUEL AHUERO, Director
Real Estate Services Department
SUBJECT:
LEASE AGREEN 1ENT WITH THE CITY OF REDLANDS FOR
COMMUNITY SERVICES DEPARTMENT
RECOMMENDATION:
Approve a lease agreement with the City of Redlands for a nutrition center for seniors at 111 W.
Lugonia Avenue, Redlands.
BACKGROUND: On April 6, 1995, the Community Services Department requested that
Real Estate Services Department negotiate a five-year lease agreement with the City of
Redlands for a nutrition program for senior citizens in the Redlands area. A lease agreement
was negotiated which will provide exclusive use of 1,320 square feet and 2,068 square feet of
non-exclusive use(multi-purpose room)at 111 W. Lugonia Avenue in Redlands.
REASON FOR RECOMMENDATION: Board approval is required to execute a lease
agreement.
REVIEW BY OTHERS: This agreement has been reviewed by the Community Services
Department and by Risk Management; and approved as to legal form by Deputy County
Counsel Rex Hinsley on May 17, 1995.
FINANCIAL: The fixed rental amount of$800 per month for the entire term will be paid
directly from the Community Services Department's Fiscal Year 1995-96 Budget
PRESENTER: Manuel Ahuero
c: Action of the Board of Supervisors
.Real.. Estate Services /agr. AGREEMENr NO. 95-394
Lessor w/agr. c% R.E.S. APPROVED BOARD OF SUPERVISORS
Auditor w/agr.. CQOMY�OF S "ERNARDINO
Contract Compliance �
Risk Management MOTION,", �AyE AYE
g _5 AYE MOVE
} wJagr.. T,. 3 4 5
PVC
Facilities fin. w/agr.
EAR Eht SPRC AT CLERK �}F THE BOARD
File BY :r
g DATED : JUNE' 6, 1995
14-9507-0 0
Rev. Corsi
ITEM---_-__
4 FOR COUNTY USE ONLY
E X' New I Vendor Code Dept. ' Contract Number
N1�� Change! �+/�
96 �319
X I Cancel �IJIr RNT •'A�
•f I County Department Dept. Orgn. i Contractor's license No.
County Department Contract Representative Ph, Ext. Amount of Contract
i
County of San Bernardino Fund Dept, I Organization Appr. Obi/Rev Source , Activity GRC/PROJIJOB Number'
F A S jF AAA RNT ' RNT 200 2905 t i
I � I 55N31187
Commodity Code Estimated Payment Total by Fiscal Year
CONTRACT TRANSMITTAL FY Amount uD FY Amount ifD
Project Name
REDLANDS — Commun4
lit y Services Depty
CONTRACTOR City a Rerll �ncl�
Birth Date Federal !D No. or Social Security No.
Contractor's Representative Mamie Pt#_u
Address-P. O Box 3005 , Red1 and A 92373. Phone (949 ) 798-7545
Nature of Contract: (Briefly describe the general terms of the contract)
This Lease Contract is for a period of five(5)years with two (2)one-year captions to extend. Leased premises
consist of1320 gross square feet. Rental is $800.00 per month.
CITY shall provide all interior and exterior maintenance to include grounds, and parking lot maintenance.
CITY to pay water, sewer, trash and all other utilities.
COUNTY to pay for its own telephone service.
f4ttach this transmittal to all contracts not prepared on the "Standard Contract" form.)
Approved e al Forrn Reviewed as to Affirmative Action Reviewed for Processing
County Counsel Agency Administrator/CAO
—
Date Date
Date
02-12294-000 Rev. 11/90
COUNTY OF SAN BERNARDINO
LEASE AGREEMENT
CITY: City of Redlands
Administrative Services Department
35 Cajon Street, Suite 200
Post Office Box 3005
Redlands, CA 92373
COUNTY: COUNTY OF SAN BERNARDINO
Public Works Group
Real Estate Services Department
825 East Third Street
San Bernardino, CA 92415-0832
PREMISES: 111 West Lugonia Avenue
Redlands, CA 92373
TERM OF LEASE: Five(5)years with two(2)one-year options
COMMENCEMENT DATE OF LEASE:
COST PER SQUARE FOOT: Rent is$800.00 per month,
COUNTY CONTRACT NUMBER:
REVISION DATE: 03/22/95
DATE TYPED: 05/17/95
TABLE OF CONTENTS
PARAGRAPH CAPTION PAGE
I PARTIES 1
2 PREMISES LEASED 1
3 TERM 1
4 RENT 1
5 OPTION TO EXTEND TERM 1
6 RETURN OF PREMISES 2
7 HOLDING OVER
8 TAXES 2
9 USE 2
10 HEALTH, SAFETY&FIRE CODE REQUIREMENTS 2
II SIGNS 2
12 MAIN'T'ENANCE 2
13 ALTERATIONS 3
14 FIXTURES 3
15 UTILITIES 3
16 HOLD HARMLESS 4
17 INSURANCE 4
18 DESTRUCTION OF PREMISES 4
19 CITY'S DEFAULT 6
20 COUNTY'S REMEDIES ON CITY'S DEFAULT 6
21 COUNTY'S DEFAULT 6
22 CITY'S REMEDIES ON COUNTY'S DEFAULT 6
23 CITY'S ACCESS TO PREMISES 7
24 NOTICES 8
25 INCORPORATION OF PRIOR AGREEMENT 8
26 WAIVERS 8
27 AMENDMENTS 8
28 SUCCESSORS 8
29 SEVERABILITY 9
30 TIME OF ESSENCE 9
31 QUIET ENJOYMENT 9
32 PROVISIONS ARE COVENANTS AND CONDITIONS 9
33 CONSENT 9
34 EXHIBITS 9
35 LAW 9
36 JURY TRIAL WAIVER 9
37 ATTORNEY 'FEES AND COSTS 9
38 VENUE 9
39 RIGHT TO TERMINATE LEASE 10
40 CAPTIONS, TABLE OF CONTEMPTS &COVER PAGE 10
41 SURVIVAL 10
42 BROKER'S COMMISSIONS 10
43 ESTOPPEL CERTIFICATES 10
44 SUBORDINATION AND ATTORNMENT 10
45 SPECIAL LEASE TERMS 11
46 INTERPRETATIONS 12
SIGNATURES 12
Exhibit "A"Leased Premises
LEASE Atm REENMIST
WHEREAS, the city of Redlands ccrry,,), has 1,320 square fea of vacant space in its
Redlands Senior Center located at I I I West Lugonia Avenue,Redlands, Cal&rni,_
�,and,
WBEREAS,CITY is responsible for administrating and maintng that spm and,
WHEREAS, the County of San Bernardino ("COUNTy,,), through the COMmunity Services
Departmdesires to occupy the space in the CITY's building to utilize as a Idtchen, kitchen storage
area,rear office,and a multi-purpose room.
NOW,THEREFORE, MY and County agree as follows.-
follows:L PARTIES: This lease is made between the CITY and COUNTY who agree as
2. PREMISES LEASED- CITY leases to COUNTY and COUNTY leases from CITY
z
1,320 square feet of the building (to utilize as a kitchen, kitchen storage area, rear office, and a 2,068
square foot nwffi-MWW room), real Property and Other improvements("PrezrAses");with-the right to
use not less than six (6) parking spaces, including handicapped parking, and to have access but not
exclusive use oft e senior facilities on the site, i.e., multi-purpose room, located at I I I West Lugonia
Avenue and as described in Exhibit"All,including plans and specifications.
3. TFRM
I This lease shall be for a term of five (5) years, commencing on July 1, 1995,
and ending on June 30, 2000 ("initial term"), unless terminated earlier pursuant to the other provisions
of this lease, or canceled on any anniversary date (July 1) by either CITY or COUNTY providing
written notice of such cancellation to the other at least forty-five (45) days prior to the anniversary
date.
4. MNT:
a. COUNTY shall pay to LANDLORD the following monthly rental payments in
arrears on the last day of each month, commencing when the term commences, continuing during the
term.
Jul 1, 1995 thru Jun 30,2000-twelve(12)monthly payments of$800.00.
b. Rent for any partial month shall be prorated based on the actual number of days
in the month. All rent shall be paid to LANDLORD at the address to which notices to LANDLORD
are given.
5. TO EXTEND TERM
ap-TI10-N, TERM CITY gives COUNTY the option to extend the
to of the lem on the same provisions and conditions, except for rent, for two(2)one-year periods
("extended tame)following expiration of the initial term, by COUNTY giving-notice of its intention
to exercise the option to CITY prior to the expiration of the initial to or during any holding over
I
pursuant to Paragraph 7 "HOLDING OVER. Rent for both extended ten-ns is Eight Hundred
Twenty-Five and 00/100 Dollars($825.00)per month.
6. RETURN OF PREMISES: The COUNTY agrees that it will, upon any termination
of this lease, return the Premises in as good condition and repair as the Premises now are or shall
hereafter be put;reasonable wear and tear excepted.
7. HOLDING OVER: In the event the COUNTY shall hold over and continue to
occupy the Premises with the consent of the CITY, expressed or implied, the tenancy shall be deemed
to be a tenancy from month-to-month upon the same terms and conditions, excluding rent, as existed
and prevailed at the time of the expiration of the original term of this lease,
& TAXES: CITY shall pay all real property taxes, and general and special assessments
levied and assessed against the Premises.
9. USE: COUNTY shall occupy and use the Premises during the term hereof for the
purpose of COUNTY business.
10. HEALTH, SAFETY AND FIRE CODE REQUIREMENTS: As a condition
precedent to the existence of this lease, CITY at its sole expense will ensure the Premises meet the
applicable requirements of the Health, Safety, Fire and Building Codes for public and governmental
buildings, including any requirements for a notice of completion, certificate of occupancy and the
Americans with Disabilities Act ("ADA"). Should the continued occupancy of the leased Premises be
in any way prejudiced or prevented due to changes in the ADA or the Health, Safety or Fire Codes of
Public Buildings,the CITY herein shall correct,update and comply with said changes at CITY's cost.
ll. SIGNS: COUNTY will display from the windows and/or marquee of the Premises
only such sign or signs as are not prohibited by law.
11 MAINTENANCE:
a. CITY 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 without
limitation,those portions of the systems owned or controlled by CITY lying outside the Premises;
(3) Window frames, gutters, and downspouts on the building and other
improvements that are a part of the Premises,
(4) Air conditioner, heating and ventilating systems servicing the Premises;
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(5) The grounds, including all parking areas and outside lighting, grass,
trees, shrubbery and other flora;
(b) The servicing of fire extinguishers or any other fire suppression
equipment attached to the facility, and;
(7) Interior maintenance and janitorial services. Janitorial services must be
performed in a workman-like manner. CITY shall perform interior maintenance and janitorial services
at a time and in a manner that will cause the least possible inconvenience, annoyance, or disturbance to
COUNTY.
b. CITY at its cost shall repair the Premises if they are damaged by(1) causes over
which COUNTY has no control; (2)acts or omissions of CITY, or its authorized representatives.
C. CITY shall have ten (10) days after notice from COUNTY to commence to
perform its obligation under this paragraph, except that CITY shall perform its obligations immediately
if the nature of the problem presents a material hazard or emergency. If CITY does not perform its
obligations within the time limitations in this paragraph, COUNTY after notice to CITY can perform
the obligations and have the right to be reimbursed for the sum it actually and reasonably expends
(including charges for COUNTY employees and equipment) in the performance of CITY's obligations.
If CITY does not reimburse COUNTY within ten (10) days after demand from COUNTY, COUNTY
shall have the right to withhold from future rent due the sum COUNTY has expended until COUNTY
is reimbursed in full. Any notice or demand concerning a material hazard or emergency may be made
orally by telephone or otherwise, provided that written confirmation is given within five (5) days after
the oral notice of demand is made. Such confirmation shall be made as provided in Paragraph 24,
"NOTICES."
13. ALTERATIONS: COUNTY shall not make any structural or exterior improvements
or alterations to the Premises without CITY's consent. Any such alterations made shall remain on and
be surrendered with the Premises on expiration or termination of the lease.
14. FIXTURES: COUNTY shall have the right during the term(s) of this lease to install
shelving and fixtures, and make interior, non-structural improvements or alterations in the Premises.
Such shelving, fixtures, improvements, and alterations shall remain the property of the COUNTY and
may be removed by the COUNTY during the terms) of this lease or within a reasonable time
thereafter, provided that the COUNTY restores the Premises to the condition 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 all or any part of such shelving, fixture, improvements and alterations to the
CITY, in which cam COUNTY shall have no duty to restore the Premises. Any such election to
surrender must be in writing, but need not be accepted by CITY to be effective.
15. U`I]LS: CITY shall furnish to the Premises and pay all service charges and
related taxes for water, trash, sewer and all other utilities. The COUNTY shall furnish and pay for its
own telephone service.
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16 HOLD HARMLESS:
a. COUNTY agrees to indemnify CITY for liability or claim for damage for
personal injury, death or property damage resulting from the COUNTY's negligent acts or omissions
on the Premises during the term of the lease.
b. CITY agrees to indemnify and hold harmless the COUNTY, its officers, agents,
volunteers and employees from any and all liabilities for injury to persons and damage to property to or
upon the demised Premises arising out of any act or omission of CITY, its agents or invites.
17. INSURANCE:
a. COUNTY and CITY are both public entities and are self-insured.
b. COUNTY and CITY will provide each other with a letter or certificate of self-
insurance.
18. DESTRUCTION OF PREMISES:
a. If during the term of this lease, any casualty renders ten percent(101/o) or less of
the floor space of the Premises unusable for the purpose intended, CITY shall commence restoration of
the Premises within thirty (30) days of notice of the casualty and shall thereafter diligently pursue
complete restoration of the Premises within a reasonable time. If CITY does not perform the
restoration obligations of this subparagraph within the time limitations set forth, COUNTY may, at its
option and in its sole discretion, after notice to CITY, perform the obligations and have the right to be
reimbursed for all sums it actually and reasonably expends (including charges for County employees
and equipment used) in the performance of CITY's obligations, or COUNTY may terminate this lease
by notice to CITY. If COUNTY performs CITY's obligations under this subparagraph, and CITY
does not reimburse COUNTY within thirty (30) days after demand from COUNTY, COUNTY shall
have the right to withhold from future rent due the sum COUNTY has expended until COUNTY is
reimbursed in full, or institute an action to collect the amount expended without first withholding rent
due.
b. If during the term of this lease, any casualty renders more than ten percent
(10%) but less than twenty-five percent (25%) of the floor space of the Premises unusable for the
purpose intended, CITY shall commence restoration of the Premises within ninety (90) days of notice
of the casualty ands thereafter diligently pursue complete restoration of the Premises within a
reasonable time. If CITY does not perform the restoration obligations of this subparagraph within the
time limitations set forth, COUNTY may, at its option and its sole discretion, after notice to CITY,
perform the obligations and have the right to be reimbursed for the sum it actually and reasonably
expends(including charges for County employees and equipment used) in the performance of CITY's
obligations, or COUNTY may terminate this lease by notice to CITY, If COUNTY performs CITY's
obligations under this subparagraph, and CITY does not reimburse COUNTY within thirty (30) days
after demand from COUNTY, COUNTY shall have the tight to withhold from future rent due the sum
4
COUNTY has expended
until COUNTY is reimbursed in full, or institute an action to collect the
amount expended without first withholding rent due.
C. If during he term of this lease, any casualty renders at least twenty-five percent
o forty percent (4p%) of the floor space of the Premises unusablef for
pureose
ts ole
(25%) but less than rtY Pe 30 da s of the casualty and at itoption
intended, COUNTY shall, within thirty ( ) Y
terminate this lease by notice to CITY or request CITY to restore the Premises. If
discretion, to this lease by notice
COUNTY requests CITY to restore the Premises, the CITY shall iitherftte minor a ration or commence
within ten (10) days of receiving COUNTY' eq
uest to COUNTY 90 days of receiving COUNTY's request for restoration and
restoration of the Premises within ninety ( ) Y
r diligentlypursue complete restoration of the Premises within a reasonable time. If CITY
thereaf to
terminate the lease and does not perform he restorationd�nhgaits solesdiscretion, aftof this er otpe
does not Y may, at its option an
within the time limitations set forth, COUNT Y� p
d for all sums
to CITY, perform the obligations and have the fight to be reimbursement used) in the it actually
performance
terminate this lease by notice to CITY. If COUNTY
reasonably expends (includingoOUNTY fmay County employees aneq
of CITY's obligations, a and CITY does not reimburse COUNTY within
performs CITY's obligations under this subparagraph, shall have the fight to withhold from future
thirty (30) days after demand from COUNT is
reimbursed in full, or institute an action to
rent due the sum COUNTY has expended until COUNTY
collect the amount expended without first withholding rent due.
d If during the term of the lease, any
casualty renders forty percent(40%) or more
of the Premises unusable for the purpose intended, this lease shall be terminated as of
of the floor spacepursuant to this subparagraph, CONY shall have
the date of the casualty. If he lease is terminated p rent during the reasonable
a reasonable time to vacate the Premises and shall not be required to pay
time required to vacate the Premises.
emises as set out in
e In the event there is a destruction of a portion
ow eduoction ofrthe rent between the
paragraphs "a'", "b" and "c" above, there shall be an abatement or r
date of destruction and the date of completion of restoration or the ebe in e P rcentags as he
whichever comes first. The abatement or reduction of the rent shall
ose of calculating the percentage
percentage of unusable floor space. Unusable floor space for the pure
abatement or reduction shall include not only that floor space which
hwhicha is not usable for the
for the
of rent aba itself, but any additional floor space
purpose intended by the casualty
purpose intended because of restoration or similar activities.
out in
f. In the event there is a destruction of a portion ceutse ofc d asset
CITY
paragraphs "a" "b" and "c" above, and the lease is not terminated be
and all insurance proceeds received for said destruction in the restoration of the
use an
agrees to Y
Premises.
the event CITY is required to restore the Premises as provided in this
g In structural or exterior improvements or
paragraph, CITY shall restore, at CITY's expense, any ALTERATIONS", of
Pur ant to Paragraph 13, "
alterations to the Premises made by COUNTY P kelvin fixtures or interior nonstructural
this lease but shall not be responsible for restoring any g,
5
improvements or alteration made by the COUNTY pursuant to Paragraph 14, "FIXTURES", of this
lease.
h. It is the purpose and intent of this paragraph to determine who shall bear the
initial responsibility for restoration of the Premises in the event of any such destruction and not to
determine the party responsible for the ultimate costs of such restoration.
19. CMS DEFAULT: Except where another time limit is specifically provided, CITY
shall be in default of this lease if it fails or refuses to perform any material provisions of this lease that it
is obligated to perform if the failure to perform is not cured within thirty(30) days after notice of such
default has been given by COUNTY to CITY. If the default cannot be reasonably be cured within
thirty (30) days, CITY shall not be in default of this lease if CITY commences to cure the default
within the thirty(30)day period and diligently and in good faith continues to cure the default.
20. COUNTY'S REMEDIES ON CITY'S DEFAULT: COUNTY, at anytime after
CITY is in default, can terminate this lease or can cure the default at CITYs cost. If COUNTY at
anytime, by reason of CITY's default, pays any sum or does any act that requires the payment of any
sum, the sum paid by COUNTY shall be due from CITY to COUNTY within five(5)days of notice of
such sum, 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 CITY.
If CITY 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 COUNTY is reimbursed in fall for the
sum and interest on it. The remedies set forth in this paragraph are in addition to and do not in any
manner Emit other remedies set forth in particular paragraphs of this lease.
21. COUNTY'S DEFAULT: The occurrence of any one or more of the 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 perform any material provisions of this lease to be
performed by COUNTY, including the payment of rent, where such failure shall continue for a period
of thirty (30) days after notice by CITY to COUNTY; provided, however, that if the nature of
COUNTY's default is such that more than thirty (30) 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
(30) 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,
22. CITY'S RENTEDIES ON COUNTY'S DEFAULT: In the event of any material
default by COUNTY which is not cured by COUNTY, CITY may, at its election, terminate this lease
by giving COUNTY thirty (30) days notice of termination. The purpose of this notice requirement is
to extend the notice requirement of the unlawful detainer statutes of California. On termination of the
lease for default pursuant to this paragraph, CITY shall have the right to recover from COUNTY only
6
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 has been earned at
the time of termination of this lease, and;
b. The worth, at the time of the award, of the amount by which the unpaid 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 CITY proves could not have been reasonably avoided, and;
C. The worth, at the time of the award, of the amount by which the unpaid rent for
the balance of the term after the time of award exceeds the amount of the loss of rent that CITY proves
could not have been reasonably avoided, and;
d. Any other amount, and court costs, necessary to compensate CITY for all
detriment proximately caused by COUNTY's default which CITY proves could not have been
reasonably avoided.
"The worth, at the time of the award", as used in "a" and "b" of this paragraph,
is to be computed by allowing interest at the maximum rate an individual is permitted by law to charge.
"The worth, at the time of the award", as referred to in "c" of this paragraph, is to be computed by
discounting the amount at the discount rate of the Federal Reserve Bank of San Francisco at the time
of the award, plus one percent(1%).
23. CTIVS ACCESS TO PREMISES: CITY and its authorized representatives shall
have the right to enter the Premises at all reasonable times for any of the following purposes:
a. To determine whether the Premises are in good condition;
b. To do any necessary maintenance and to make any restoration to the Premises
that CITY has the right or obligation to perform.
C. To serve, post, or keep posted any notices required by law;
d. To post "for sale" signs at anytime during the term, to post "for rent" or "for
lease" signs during the last three(3)months of the term, and;
e. To show the Premises to prospective brokers, agents, buyers, tenants, lenders
or persons interested in an exchange, at anytime during the term.
CITY 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 COUNTY,
7
24. NOTICES:
a. Any notice, demand, request, consent, approval, 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 by prepaid, first-class mail. Any notice, demand, request, consent, approval,
or communication that either party desires or is required to give to the other party shall be addressed to
the other party at the address set forth below. Either party may change its address by notifying the
co UNT
other party of the change of address. Notice shallbe deemed communicated two (2) COUI Y
working days from the time of mailing if mailed as provided in this paragraph.
CITY's address: City of Redlands
Administrative Services Department
3_)5 Cajon Street, Suite 200
Post Office Box 3005
Redlands, CA 92373
COUNTY's address: Community Services Department of San Bernardino
686 East Mill Street
San Bernardino, CA 92415-0610
b. If, at any time after the COUNTY accepts the Premises, the CITY assigns or
transfers a non-controlling interest of its rights in the Premises to a third party, CITY must notify
COUNTY of its action at least fifteen (15) COUNTY working days prior to completing any such
action,
C. If, at anytime after the COUNTY accepts the Premises, the CITY assigns or
transfers a controlling interest of its tights in the Premises to a third party, CITY must notify COUNTY
of its action at least fifteen(15)COUNTY working days prior to completing any such action. The new
owner must provide COUNTY with evidence of completion of such action. The parties shall
immediately execute an amendment to this lease stating the change of ownership of the Premises.
25. INCORPORATION OF PRIOR AGPEENMNT: 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,
26. WAW ERS: No waiver by either party of any provisions 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.
27. AW-NDNMENTS: 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.
28, SUCCESSLYRS: This lease shall inure to the benefit of and be binding upon the heirs,
executors, administrators, successors, and assigns of the parties hereto.
8
word, phrase, clause, sentence, paragraph, section, article,
29. SEVERABILrM any the same shall be deemed severable
part or portion of this lease is or shall be invalid for any rte.the validity of this lease or any other
from the remainder hereof and shall in no wayaffect or imp
portion thereof.
this lease which
3
p TIE OF ESSENCE: Time is of the essence of each provision of eoccu . In e or
specifies a time within which performance is reasbrr le time. Peabsence of any P
performance, performance may be made within
QUIET ENJOYMENT: Subject to the provisions of this lease and conditioned upon
31. be performs by COUNTY hereunder, CITY shall secure to
performance of all the provisions to ssession of the Premises and all right and
COUNTY during the lease term q the uiet and peaceful Po
privilege appertaining thereto.
CONDITIONS: All provisions, whether
32, PROVISIONS ARE COVENANTS shall be deemed to be both covenants and
p
covenants or conditions, on the part of either arty
conditions.
CONSENT: Whenever consent or consent or approval.
approval of either party is required that party shall
33. _ ---
not unreasonably withhold such
4 All exhibits referred to are attached to this lease and incorporated by
3 EXHTBTTS:----
�
reference.
LAW: This lease shall be construe and interpreted in accordance with the laws of the
35. —
State of California.
eir respective
36,
JURY TRIAL, WAIVER: CITY and COUNTY herebylain min any action, proceeding
to trial by jury of any cause of aeon, claim, counterclaim or cross comp CITY on any matter
and/or hearing brought by either CITY against COUNTY or COUNTY against
way connects with, this lease, the relationship of CITY and
whatsoever arising out o� or in any y of the premises, or any claim of injury or damage, or the
COUNTY, COUNTY'S use or occupancy or otherwise, now or
enforcement of any remedy under any law, statute, or regulation, emergency
hereafter in effect.
ATTORNEYS' FEES AND COSTS: If any legal action is institute to enforce or
A-�O�
37. r ardless of which party is the prevailing party, must
declare any parts rights hereunder, each party, eg 1 to those costs
bear its own casts and and attorneys' fees
attorneys'fees. This paragraph shall not apply
arising from any third party legal aeon against per' hereto and payable under Paragraph
directly g
16,"HOLD HARMLESS".
was entered into and
38. VENUE: The pies acknowledge and agree that thice that the venue for
performed in San Bernardino County, California. The parties
intended to be pe to this lease be San Bernardino County,
Each Ply
any action or claim brought by any Pte'
9
hereby waives any law or rule of court which would allow them to request or demand a change of
venue. If any action or claim concerning this lease is brought by any third party, the parties hereto
agree to use their best efforts to obtain a change of venue to the Central District of San Bernardino
County.
39. RIGHT TO TERNUNATE LEASE: The COUNTY or CITY shall have the right to
terminate this lease at anytime whenever COUNTY or CITY, in its sole discretion, determines it would
be in COUNTYs or CITY's best interests to terminate this lease. COUNTY shall give CITY or CITY
shall give COUNTY, notice of any termination pursuant to this paragraph at least ninety (90) days
prior to the date of termination. In the event COUNTY or CITY terminates this lease pursuant to this
paragraph, the CITY shall have the right to receive from COUNTY only the rent due under this lease
up to the date of termination.
40. CAPTIONS, TABLE OF CONTENTS AND COVER PAGE: The paragraph
captions, table of contents and the cover page of this lease shall have no effect on its interpretations.
41. SURVIVAL: The obligations of the parties which, by their nature, continue beyond
the term of this lease, will survive the termination of this lease.
42. BROKER'S COMMISSIONS: CITY is solely responsible for the payment of any
commissions to any broker who has negotiated or otherwise provided services in connection with this
lease.
43. ESTOPPEL CERTIFICATES: Each party within thirty (30) days after notice from
the other party, shall execute and deliver to other party, in recordable form, a certificate stating that this
lease is unmodified and in full force and effect, or in full force and effect as modified, and stating the
modifications. The certificate also shall state the amount of minimum monthly rent, the dates to which
the rent has been paid in advance, the amount of any security deposit or prepaid rent, and that there are
no uncured defaults or specifying in reasonable detail the nature of any uncured default claimed.
Failure to deliver-the certificate within thirty(30)days shall be conclusive upon the party requesting the
certificate and any successor to the party requesting the certificate, that this lease is in full force and
effect and has not been modified except as may be represented by the party requesting the certificate,
and that there are no uncured defaults on the part of the party requesting the certificate. The estoppel
certificate shall be in the form provided by the County of San Bernardino.
44. SUBORDINATION AND ATTORNMENT•
a. This lease is and shall be prior to any encumbrance now of record and any
encumbrance recorded after the date of this lease affecting the Premises.
b. If, however, a lender requires that this lease be subordinate to any such
encumbrance, this lease shall be subordinate to that encumbrance, if CITY first obtains from the lender
an agreement that provides substantially the following:
10
"As long as COUNTY performs its obligations under this lease, no foreclosure
of deed given in lieu of foreclosure or sale under the encumbrance, and no steps or procedures taken
under the encumbrance, shall effect COUNTY's rights under this lease.
"The provisions of Paragraph 18, "DESTRUCTION OF PREMISES", of
this lease, concerning the use of insurance proceeds on destruction of Premises, shall prevail over any
conflicting provisions in the encumbrance."
C. COUNTY shall attorn to any purchaser at any foreclosure sale, or to any
grantee or transferee designated in any deed given in lieu of foreclosure.
d. COUNTY shall execute the agreement and any other documents required by
the lender to accomplish the purposes of this paragraph.
45, SPECIAL LEASE TERMS.
CITY. a. Current equipment on the Premises owned by CITY shall be maintained by
b. All equipment, fixtures and materials attached to said Premises by COUNTY in
a permanent manner or nature as prescribed in existing building codes or regulations for such
subsequent installation, shall become the property of the CITY upon termination of this lease.
C. Other than equipment owned by CITY as stated in paragraph a, above, all
equipment, fixtures or other properties purchased by or placed on the Premises by COUNTY which
are of a moveable nature shall remain the property of COUNTY and be maintained by the COUNTY,
y
46. P4TERPRETATIONS: As this agreement was jointly prepared by both parties, the
language in all parts of this
agreement shall be construed, in all cases, according to its fair meaning, and
not for or against either party hereto.
ENI} OF LEASE TERMS.
COUNTY OF SAN BERNARDINO CITY:
Chairman, Board of Supervisors
Dated: J IUN 6Title:
SIGNED AND CERTIFIED THAT
A COPY OF THIS DOCUMENT Dated: July 18, 1995
HAS BEEN DELIVERED TO
THE CHAIRMAN OF TBE BOARD ATTEST
EARLENE SPROAT Clerk of
the Board of Sum ai
f Title: Lorrie Pc� zr, Cites Clerk
By: ,
-De-pia
Dated, Dated: July 18, 1995
Approved as to Legal Form:
ALAN K. MARKS, County Counsel
By:
Dep
Dated:
12
EXHIBIT "A"
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