HomeMy WebLinkAboutContracts & Agreements_151-2020 Recording requested by
and when recorded mail to:
City Clerk
City of Redlands
P. O. Box 3005
Redlands, CA 92373
LEASE AGREEMENT
This Lease is made and entered into this 7`l' day of July, 2020, by and between the City of
Redlands,a municipal corporation("City"),and Grove High School,a charter school located in the
Redlands Unified School District ("Grove School"). City and Grove School are sometimes
individually referred to herein as a "Party" and, together, as the"Parties."
ARTICLE 1. LEASED PREMISES
Section 1.01 Premises. City, for the purpose of enhancing educational opportunities for
public high school students in the Redlands Unified School District,and in consideration of the rent
to be paid by Grove School and the covenants to be kept and performed by Grove School under this
Lease,hereby leases to Grove School,and Grove School,in consideration of the covenants to be kept
and performed by City under this Lease, hereby leases from City, the real property together with
improvements in Redlands, California,known as the"Van Grouw Dairy Land property" located in
Heritage Park, as depicted on the map and legal description attached hereto as Exhibit "A" (the
"Premises").
ARTICLE 2. TERM OF LEASE
Section 2.01. Original Term. This Lease shall be for a term of six (6) years, commencing
July 7, 2020.
Section 2.02. Renewal Term. Grove School shall have the option of renewing the Lease for
an additional twenty-five(25) years. Grove School may exercise such option by providing written
notice to City not earlier than ninety (90) days, and not later than forty-five (45) days, prior to
expiration of the original term which occurs on February 28,2026.The original term and the renewal
term are,together, referred to hereinafter as the "Term"of this lease.
Section 2.03. Earl Termination. Notwithstanding the"original"and"renewal"terms of this
lease,either Party may terminate this Lease,without penalty,at any time upon giving one year's prior
written notice to the other Party.
ARTICLE 3. RENT
Section 3.01. Rent. Grove School shall pay to City rent for the Premises, each year,during
the Term of this Lease, the sum of One Dollar ($1.00) (the "Rent"). The Rent shall be payable
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annually on April 4,at the office of City at 35 Cajon, Suite 200,Redlands,California,or at any other
place as City may from time to time designate by written notice to Grove School.
ARTICLE 4. USE OF PREMISES
Section 4.01. Permitted Use. During the Term of this Lease, except as otherwise expressly
provided for herein,the Premises shall be used solely for(1)educational purposes,including but not
necessarily limited to,agricultural and science studies based on the operation of a working farm with
crops and farm animals and attendant activities; (2) with specific respect to the "Barton School
House,"if located upon the Premises, such structure may be used for educational purposes,and for
those events and community meetings pre-approved, in writing, by City; and (3) Grove School is
authorized to conduct a Farmer's Market on the Premises,every Saturday,between the hours of 8:00
a.m. and 12.00 p.m. Grove School shall be solely responsible, at Grove School's sole cost, for all
clean-up associated with this activity. Grove School shall remove all items, including trash and
debris by 12:00 p.m., each Saturday, and as a result of conducting its Farmer's Market.Unless City
the right to preclude Grove School's use of the parking lot by notifying the Grove School by
providing thirty(30)days advanced notice in writing.Further,Grove School shall not use or permit
the Premises, or any part thereof to be used, for the storage of hazardous or toxic chemicals or
substances, or for any similar purpose.
Section 4.02. Insurance. Prior to, and as an express condition of its occupancy of the
Premises, Grove School shall obtain a policy of liability insurance pertaining to its activities on the
Premises,with policy limits in the amount of$1,000,000. A copy of the policy of insurance shall be
provided to City by Grove School prior to Grove School's occupancy of the Premises. The insurance
policy shall name City, and its elected officials,officers, and employees as additional insureds,and
Grove School's insurance shall be primary with respect to any liability insurance or"self-insurance"
of City. The insurance shall not be canceled or modified during the term of this Lease without forty-
five(45)days prior written notice to City. Grove School shall not commit or pen-nit the commission
of any acts on the Premises nor use or permit 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. Grove School shall,at its own cost and expense,
comply with any and all requirements of City's insurance carriers necessary for the continued
maintenance at reasonable rates of fire and liability insurance policies on the Premises and the
improvements on the Premises.
Section 4.03. Waste or Nuisance. Grove School shall not commit,or permit the commission
by others, any waste or nuisance on the Premises other than that which is normally generated by a
working farm,including the raising of crops and animals. Grove School shall not maintain,commit
or permit the maintenance or commission of any waste or nuisance on the Premises and Grove
School shall not use or permit the use of the Premises for any unlawful purpose.
Section 4.04. Compliance with Laws. Grove School shall, at Grove School'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 Grove School's use and occupancy of
the Premises whether those statutes,ordinances,regulations and requirements are now in force or are
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subsequently enacted. The judgment of any court of competent jurisdiction, or the admission by
Grove School in a proceeding brought against Grove School by any government entity,that Grove
School has violated any such statute, ordinance, regulation or requirement shall be conclusive as
between City and Grove School and shall constitute grounds for termination of this Lease by City.
ARTICLE 5. UTILITIES
Section 5.01. Grove School Payment. Grove School shall pay, and hold City free and
harmless from,all charges for utilities to the Premises including but not necessarily limited to water,
electricity,gas,solid waste,telephone and security. Grove School 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 6. ALTERATIONS AND REPAIRS
Section 6.02. Condition of Premises. Grove School accepts the Premises, as well as the
improvements located on the Premises, in their present condition and stipulates with City that the
Premises and improvements are in good, clean, safe and tenantable condition as of the date of this
Lease. Grove School further agrees with and represents to City that the Premises have been
inspected by Grove School, that it has received assurances acceptable to Grove School by means
independent of City,or any agent of City, of the truth of all facts material to this Lease,and that the
Premises are being leased by Grove School as a result of its own inspection and investigation and not
as a result of any representations made by City or any agent of City except those expressly set forth
in this Lease.
Section 6.02. Maintenance by City. City shall,at its own cost and expense,maintain in good
condition and repair the structural elements of the Premises. 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, City shall not be liable
for any damages to Grove School or the property of Grove School resulting from City's failure to
make any repairs required by this Section unless written notice of the need for those repairs has been
given to City by Grove School and City has failed for a period of thirty(30)days after receipt of the
notice, unless prevented by causes not the fault of the City, to make the needed repairs.
Notwithstanding anything in this Section to the contrary, Grove School shall promptly reimburse
City 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 Grove School or its employees, agents and
subtenants, if any.
Section 6.03. Maintenance by Grove School. Except as otherwise expressly provided in
section 6.02 of this Lease, Grove School shall (1) 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 Grove School from City,reasonable wear and tear excepted;and(2)
except with respect to the"Barton School House,"shall not undertake any repairs other than general
maintenance,cleaning and painting without prior written notice to,and prior written consent of,City.
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Section 6.04. Alterations and Liens. Except as provided in the subsections below, Grove
School shall not make,or permit any other person to make,any structural alterations to the Premises,
or to any improvements on the Premises, without the prior written consent of City. City shall not
unreasonably withhold its consent. Grove School 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 Grove School or any other
person shall, on expiration or earlier termination of this Lease, become the property of City and
remain on the Premises.
A. Grove School may locate the Grove School-owned structure commonly known as the
"Barton School House" on the site shown on the map of the Premises which is attached hereto as
Exhibit"A" and incorporated herein by this reference. Grove School shall be solely responsible, at
Grove School's sole cost, for the preparation of all plans, grading the site prior to location of the
Barton School House on the Premises, and obtaining all necessary permits and approvals.
B. Upon location of the Barton School House on the Premises, Grove School shall be
responsible for securing the structure through the use of construction fencing, or other means
approved by City, to protect the structure against threats and harm of fire, wind damage, theft,
vandalism and graffiti.
C. Grove School may install fencing and gates on the Premises, as depicted and in
accordance with Exhibit"B" which is attached hereto and incorporated herein by this reference.
Grove School shall be solely responsible for the cost and preparation of all plans, and obtaining all
necessary permits and approvals to install the fencing and gates. Grove School shall,at its own cost
and expense, maintain fence and gates in good order and repair and safe and clean condition;
reasonable wear and tear except-ed.City shall have the express right to repair,or remove the fencing
and gates should Grove School fail to maintain the fence and gates in good order."
Section 6.05._ Inspection by City. Grove School shall permit City and City's agents,
representatives and employees to enter the Premises at all reasonable times for the purpose of
inspecting the Premises to determine whether Grove School is complying with the terms of this
Lease, for the purpose of doing other lawful acts that may be necessary to protect City's interest in
the Premises, or for the purpose of performing City's duties under this Lease.
Section 6.06. Surrender of Premises. On expiration or earlier termination of this Lease,
Grove School shall promptly surrender and deliver the Premises to City 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 City under this Lease.
ARTICLE 7. DEFAULT, ASSIGNMENT, AND TERMINATION
Section 7.01. Restriction against Subletting and Assignment. Grove School shall have the
right to lease space on the Premises to third parties for the sole purpose of the non-commercial
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growing crops and raising animals,without obtaining any prior consent of City. With that exception,
Grove School 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 City. Except as allowed above,Grove School shall not assign or sublet the Premises, or any part
of the Premises, or allow any other person, other than Grove School's students, agents and
employees, to occupy the Premises or any part of the Premises without the prior written consent of
City. A consent by City 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 City, whether voluntary or involuntary,by operation of law or
otherwise,is void and shall at the option of City,terminate this Lease. Grove School shall not assign
or otherwise sublet all or a portion of this Lease, or any interest in it, without the prior written
consent of City,which may be withheld in City's sole and absolute discretion. Consent to any one
assignment by City shall not be deemed consent to any subsequent assignment. Any such
assignment without the prior written consent of City shall be void, and shall at City's option
terminate this Lease. Grove School's interest in this Lease shall not be assignable by operation of
law, without the written consent of City.
Section 7.02. Default Defined. The failure by Grove School to observe and perform any
provision of this Lease,to be observed or performed by Grove School,after written notice of Grove
School's failure is given by City to Grove School, shall constitute a default under this Lease.
Section 7.03. Termination of Lease. In the event of any default by Grove School under this
Lease,in addition to any other remedies available to City under this Lease or in law or in equity,City
shall have the right to terminate this Lease and all rights of Grove School hereunder by giving
written notice of the termination. However,prior to giving such written notice of termination,City
shall give Grove School written notice of the default and provide Grove School thirty(30) days to
cure such default. If Grove School fails to cure the default within the thirty(30)days,then City may
proceed with the written notice of termination. No act of City shall be construed as terminating this
Lease except written notice given by City to Grove School advising Grove School that City elects to
terminate the Lease.
Section 7.04. City's Right to Cure Grove School Defaults. If Grove School breaches or fails
to perform any of the covenants or provisions of this Lease, City may, but shall not be required to,
cure Grove School's breach. Any sum expended by City, with the then maximum legal rate of
interest, shall be reimbursed by Grove School to City with the next due rent payment under this
Lease.
Section 7.05. Cumulative Remedies. The remedies granted to City 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 7.06. Non-Continuing Waiver. The waiver of City of any breach by Grove School of
any of the provisions of this Lease shall not constitute a continuing waiver or a waiver of any
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subsequent breach by Grove School either of the same or another provision of this Lease.
ARTICLE 8. MISCELLANEOUS
Section 8.01. Force Mai eure--Unavoidable Delays. If the performance of any act required
by this Lease to be performed by either City or Grove School 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 perfonnance 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
Grove School 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 8.02. Attorneys'Fees. In the event any action is commenced to enforce or interpret
the terms or conditions of this Lease, the prevailing Party 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 attorneys'fees in that action as determined by the court,including fees and costs for a party's use
of in-house counsel.
Section 8.03 Interpretation. The Parties have expressly agreed to the language of this Lease.
Therefore,any ambiguity in this Lease shall not be resolved by a rule of interpretation providing for
construction against the creator of the ambiguity.
S ection 8.04. Notices. Any notice or other communication required,or which may be given,
pursuant to this Agreement, shall be in writing.Any such notice shall be deemed delivered(i)on the
date of delivery in person; (ii) five (5) days after deposit in first class registered mail, with return
receipt requested; (iii) on the actual delivery date if deposited with an overnight courier; or(iv)on
the date sent by facsimile,if confirmed with a copy sent contemporaneously by first class,certified,
registered or express mail; in each case properly posted and fully prepaid to the appropriate address
set forth below, or such other address as a Party may provide notice in accordance with this section:
CITY GROVE SCHOOL
City Clerk Andrew Schadwinkel
City of Redlands The Grove School
35 Cajon Street 200 Nevada Street
P.O. Box 3005 (mailing) Redlands, CA 92373
Redlands, CA 92373 aschadwinkel@gmail.com
jdonaldson@cityofredlands.org (909) 798-7831
909-798-7531
.Section Entire Agreement. This instrument constitutes the entire agreement between
City and Grove School respecting the Premises,the leasing of the Premises to Grove School,and the
lease tern created under this Lease,and correctly sets forth the obligations of City and Grove School
to each other as of its date. Any agreements or representations respecting the Premises or their
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leasing by City to Grove School 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 8.06. Possessor y Interest. Grove School shall pay anyand all taxes and assessments
which may, during the Term of this lease,be levied or assessed on the personal property or business
owned by Grove School and located on the Premises, Grove School acknowledges and agrees that,
in accordance with California Revenue and Taxation section 107.6,the Premises may be subject to
property taxation and that Grove School 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 8.07. Hold Harrnless, Defense Obligation and Indemnity. Grove School shall
defend, indemnify,,and hold City,and City's elected and appointed officials,officers,and employees,
free and harmless from and against any and all losses, claims, damages, actions, causes of action,
costs, property darnage and injuries, including death, and any attorneys fees, arising out of or
resulting in connection with Grove School's,or 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.
IN WITNESS WHEREOF, duly authorized representatives of City and Grove School have
signed in confirmation of this Agreen-.tent.
CITY OF REDLANDS GROVE SCHOOL
By: By:
Paul W. Foster, Mayor Andrew Schadwinkel,
Chair, Governing Board
ATTEST:
�kOne Donaldson, City Clerk
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to which this certificate isattached',and not the truthfulness,accuracy,or validity of that document.
State of California
County of
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Date Here Insert Name and Title of the Officer
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authorized capad (les and that by /h /their signator s on the instrument the perso s or the entity
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I certify under PENALTY OF PERJURY under the
DIANA RAINS laws of the State of California that the foregoing
Notary Public-Calitornia paragraph is true and correct..
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Document Date: N mber of Pages:
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❑ Corporate Officer — Title(s): ❑ Corporate Officer—Title(s):
❑ Partner ❑ Limited ❑ General ❑ Partner — ❑ limited I]:
❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian of Conservator ❑ Trustee ❑ Guardian of Conservator
❑ Other: ❑ Other:
Signer is Representing: ;Signer is Representing:
((,)2017 National Notary Association
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Name(s)of Signer(s)
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authorized capacity(les), and that by his/hbf/their signatureN on the instrument the person(sL or the entity
upon behalf of which the personN acted, executed the, instrument.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
'E)IANA RRJANINS
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" — OPTIONAL ..........
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0 Corporate Officer— Title(s): El Corporate Officer —Title(s):
El Partner — El Limited El General El Partner— n Limited: o General
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Ej Trustee Ei Guardian of Conservator r-1 Trustee Ei Guardian of Conservator
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EXHIBIT'A'
THAT PORTION OF BLOCK 8 OF NE BARTON RANCH,AS PER MAP RECORDED IN BOOK 6.RAGE
t 5,OF MAPS,OF'F'ICIAL PECORDS OF T14L COIJ Iv'TY OF SAN C3ERNARDINO,STATE OF CALIFORNIA,
DESCRIBED AS FOLLOWS'
BEGINNING AT THE CENTERLINE INTERSECTION OF ORANGE STREET AND IOWA STREET AS
SHOWN ON RECORD OF SURVEY RECORDED IN BOOK 63,PAGE 76,OF aECOflDS OF SURVEY.
OFFICIAL RECORDS OF SAID COUNTY,THENCE ALONG THE CENTERLINE OF SAID ORANGE
STREET NOFIT14 89"54"05'WEST 658.28 FEET,
THENCE SOUTH 00°2525"EAST 77B 67 FEET TO A POINT ON THE NORTH LINE OF THE
CERTIFICATE OF COMPLIANCE RECORDED BY INSTRUMENT NO,8$-21111128.OFFICIAL RECORDS
OF SAID COUNTY:
THENCE ALONG SAID NORTH LING SOUTH(i9°531 0"EAST 13,66 FEET TO ANGLE POINT THEREIN,
THENCE ALONG THE NORTH LINE OF INSTRUMENT NO.86-2]1129 AND THE NORTH LINE OF THE
CERT IFICATE OF COMPLIANCE RECORDED BY INSTRUMENT NO.86-2811129,OFFICIAL RECORDS
OF SAID COUNTY.THE FOLLOViVING COURSF-S AND DISTANCES;
NORTH 69'04'17'EAST 485.11 FEET;
NORTH x7`37'39"EAST 226 39 FEET TO A POINT ON THE CENTERLINE OF SAID IOWA STT'iEET,
THENCE ALONG SAID CENTERLINE NOnTH 00'39'"s7"WEST 483,37 FEET TO THE POINT OF
BEGINNING.
EXCEPTING THEREFROM ANY PORTION LYING WITHIN ORANGE STREET AND IOWA STREET.
NET AREA: 393.634.15 SO,FT. (5.04 ACRES)
PREPARED BY: of`�,*��,, h
3 .._ �t
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EXHIBIT "B"
Fences & Gates
Legend:
-Proposed gates(7)
Proposed fence(4 foot existing style)
Proposed fence(6 foot solid)
1-City well
2-Position the fence around flag pole,small walkwaygate
3-Fence to run along sidewalk on East side of foliage
4-Gates to have City access
5-V to 4'picket fence or other style TBD
6-Electrical panel-will need to research what is allowed by SCE
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