HomeMy WebLinkAboutContracts & Agreements_202-2002lk
Recording requested by
and when recorded mail to:
City Clerk
P.O. Box 3005
Redlands, CA 92373
Recorded in Official Records, Counly of San Bernardino
12/0612002
=: LARRY WALKER
t t'5A AM
MNM"A*ia" Auditor/Controller — Recorder
BN
1
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q R Regular Mail
Doc#: 2002--0664264 Titles: t
Pages: 9
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PAID
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LEASE AGREEMENT FEES NOT REQUIRED
PER GOVERNMENT CODE
SECTION 6103
This Lease is elective this 3rd day of Dccember, 2002, by and between the City of Redlands,
a municipal corporation, ("Landlord"), and Trinity Community Foundation, anonprofit 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 1006 Oxford, Redlands California, (the "Premises").
ARTICLE 1. TERM OF AGREEMENT
Section 1,01. Original Term. This Lease shall be for a term of five (5) years, commencing;
November 5, 2001
Section 1.02. Renewal Term. Tenant shall have the option of renewing the Lease for an
additional five (5) years. Tenant may exercise such option 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
original term_
Section 1.03. Early Termination. Notwithstanding the `original" and "renewal" terms of
this Lease, either party may tenninate this Lease, without penalty, at any time upon giving one (1)
year prior written notice to the other party.
0.f"d 1 VIV
ARTICLE 2. NOMINAL RENT
Section 2.01. Rent. Tenants shall pay to Landlord rent for the Premises each year during
the Original Term and the Renewal Term (if exercised by Tenant) of One Dollar ($1.00) (the
"Rent"). The Rent shall be payable annually on November 51", at the office of Landlord at 30 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
the 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 Premises, or any part thereof, for the storage of hazardous or toxic chemicals or substances, or
for any similar purpose.
Section 3.02 Insurance. Prior to, and as an express condition of its occupancy of the
Premises, Tenant shall obtain a policy of liability insurance pertaining to its activities on the
Premises, with policy limits in the amount of $1,000,000. A copy of the policy of insurance shall
be provided to Landlord by Tenant prior to Tenant's occupancy of the Premises. The insurance
policy shall name Landlord as an additional insured, and Tenant's insurance shall be primary with
respect to any liability insurance or "self insurance" of Landlord. The insurance shall not be
canceled or modified during the term of this Lease without thirty (30) days prior written notice to
Landlord. Tenant shall not commit or permit the commission of any acts on the Premises nor use
or permit the use of Premises in any manner that will increase the existing rates for or cause the
cancellation of any fire, liability, or other insurance policy insuring the Premises or the
improvements on the Premises. Tenant shall, at its own cost and expense, comply with any and all
requirements of Landlord'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 3.03. Waste or Nuisance. Tenant shall not commit or permit the commission by
others, any waste or nuisance on the Premises. Tenant shall not maintain, commit, or permit the
maintenance or commission of any 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.
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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 Landlord is not aware of any violation(s) as of the commencement of this Lease. 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 such 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. Except as otherwise expressly provided int his Lease,
Tenant shall at its own costs 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, reasonable wear and tear excepted, provided, however that Tenant shall not
undertake any repairs under general maintenance, cleaning and painting without prior written notice
to, and the prior written consent of, the Landlord.
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 the Landlord. Landlord shall not unreasonably withhold its
consent. Tenant shall keep the Premises free and clear from any and all liens, claims and demands
Oxford 11/02
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 Sublettin
g 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, terminate this Lease. The consent of Landlord to any assignment of Tenant's interest
in this Lease or the subletting by Tenant of the Premises or parts of the Premises shall not be
unreasonably withheld.
Section 6,02. Default Defined. The occurrence of the following shall constitute a default
and breach of this Lease by Tenant: (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.
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,
Oxford 3 Ua2 4
Landlord shall have the right to terminate this Lease and all rights of Tenant hereunder by giving
written notice of the termination. However, prior to giving such written notice of termination,
Landlord shall give Tenant written notice of the default and provide Tenant thirty (30) days to cure
such default. If Tenant fails to cure the default within the thirty (30) days, then Landlord may
proceed with the written notice of termination. No act of Landlord shall be construed as terminating
this Lease except written notice given by Landlord to Tenant advising Tenant that Landlord elects
to terminate the Lease.
Section 6.04. Landlord's Right to Cure Tenant Defaults. In Tenant breaches or fails to
perform any of the covenants or provisions of this Lease, Landlord may, but shall not be required
to, cure Tenant's breach. Any sum expended by Landlord, with the then maximum legal rate of
interest, shall be reimbursed by Tenant to Landlord with the next due rent payment under this Lease.
Section 6.05, Cumulative Remedies. The remedies granted to landlord in this Lease shall
not be exclusive but shall be cumulative and in addition to all remedies now or hereafter allowed by
law or provided in this Lease.
Section 6.06. Non -Continuing Waiver. The waiver of Landlord of any breach by Tenant of
any of the provisions of this Lease shall not constitute a continuing waiver of a waiver of any
subsequent breach by Tenant wither 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 difficulty 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
Oxford 11/02 5
and 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 attorneys' fees
in that action as determined by the court.
Section 7.03. Interpretation. Both parties have agreed to the language of this Lease.
Therefore, any ambiguity in the Lease shall not be resolved by a rule of interpretation providing for
construction against the creator of the ambiguity.
Section 7.04. Notices. Except as otherwise expressly provided by law, any and all notices
or other communications required or permitted by this Lease or by law to be served on or given to
all parties to this Lease by the other party to this Lease, shall be in writing and shall be deemed duly
served and given when personally delivered 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 30 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 instrument 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 both parties.
Section 7.06. Possessory Interest. Tenant shall pay any and all taxes and assessments which
may, during the term of this Lease, be levied or assessed on the personal property 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. Assizainent. 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
Oxford 11102 6
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.
Executed on this 3rd day of December, 2002, at Redlands, California.
CITY OF REDLANDS (LANDLORD)
Mayor
TRINITY COMMUNITY FOUNDATION
Notary Required
Oxford I IIQ
ATTEST:
C' Clerk
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 December 3,
2002, before me, Beatrice Sanchez, Deputy City Clerk, on behalf of Lorrie Poyzer, City Clerk f
the City of Redlands, California, personally appeared Karl N. Haws and Lorrie Poyzer
{ X) personally known to me - or - { } proved to me on the basis of satisfactory evidence to
be the persons whose names) are subscribed to the within instrument and acknowledged to me that
they executed the same in their authorized capacities and that by their signatures on the instrument
the persons, or the entity upon behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal.
\`X01111111fttitt/r
, Of � -4,y`'�,,� LORRIE POYZER, CITY CLERK
A. ••. 4
J . '�rPCiRATfiO (:
rr 1 $88 By:
Beatrice Sanchez, Deputy City Clerk
ot•,� �' ••.""'A 0* �(909)798-7531
10
CAPACITY CLAIMED BY SIGNER(S)
{ } Individual(s) signing for oneself/themselves
{ } Corporate Officer(s)
Title(s)
Companv
{ } Partner(s)
Partnership
{ } Attorney -In -Fact
Princival(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 for property at 1006 Oxford Drive, Redlands
Date of Document: December 3, 2002
Signer(s) Other Than Named Above: Gary Inrig, Trinity Community Foundation
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
December 2, 2002 , before me, Lorrie Poyzer, City Clerk of the City of
Redlands, California, personally appeared Gary inrig --
{ } personally known to me -- OR -- x ) 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/her/their authorized capacity(ies) and that by
hislherltheir signature(s) on the instrument the person(s), or entity upon behalf of which the
person(s) acted, executed the instrument.
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WITNESS my hand and official seal.
Lord Poyzer, VCI�rk
y of Redlan ornia
(Area Code 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) President, Board of Directors
Entity(ies) Represented Trinity Community Foundation
This certificate Title or type of document Lease Agreement
must be attached Number of Pages (including this acknowledgement form) 8
to the document Date of Document December 3, 2002
described at right: Signer(s) other than named above none