ORIGINAL
BARSTOW UNIFIED SCHOOL DISTRICT
On motion of Member Hemingway, seconded by Member Vogt, the following resolution is adopted:
BE IT RESOLVED by the Governing Board of the Barstow Unified School District and hereby ordered:
"To approve the Land Lease between the Barstow Unified School District and the City of Barstow for the lease of Stringham Park through June 30, 2012, and authorize the Superintendent or designee to sign all documents necessary to enter into this agreement with the City."
PASSED AND ADOPTED this 9'"' day of October, 2007, by the Governing Board of the Barstow Unified School District of San Bernardino County, California, by the following vote:
AYES: Acevedo, Clemmer, Rose, Vogt, and Hemingway
NOES:
ABSENT:
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO )
1. Jerry Bergmans, Secretary of the Governing Board of the Barstow Unified School District of San Bernardino County, California, do hereby certify that the foregoing is a full, true, and correct copy of a resolution adopted by the said Board at a regular meeting thercof held at its regular place of meeting at the time and by the vote above stated, which resolution is on file in the office of the said Board.
Garry H. Bergmand
Secretary
LAND LEASE
This Lease (the "Lease") is made and entered into as of the I" day of July, 2007 (the "Effective Date"), by and between the Barstow Unified School District, a public school district duly organized and existing under the laws of the State of California (herein called "School District"), and the City of Barstow, a Municipal Corporation, (herein called "Tenant").
RECITALS
A. School District is the fee owner of certain real property in Barstow that is identified as APN 183-601-07 and legally described in Exhibit A ("Property").
B. A portion of the Property is currently used as a public park, commonly known as Stringham Park (the "Premises"), maintained by School District and depicted on the Site Map designated as APN 183-601-07 in Exhibit B.
C. School District wishes to lease the real property described in Exhibit B to Tenant and have Tenant maintain and operate Stringham Park.
D. Tenant wishes to lease the real property described in Exhibit B from School District and to maintain and operate Stringham Park.
WITNESSETH
For, and in consideration of, the mutual covenants hereof, School District hereby leases to Tenant and Tenant hereby leases from School District the Premises as hereinafter described, upon the terms and conditions hereinafter set forth.
1. Lease of Premises.
School District hereby leases the Premises to Tenant, and Tenant hereby Icases the Premises from School District, on the terms and conditions as set forth in this Lease.
Use of Premises.
A. The Premises may only be used as a municipal public park. Any such use shall be in conformance with all federal, state, and local laws and regulations applicable to a municipal public park.
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B. Tenant agrees that the use of the Premises, the development thereof, and any construction thereon, shall be in accordance with the applicable provisions of City of Barstow codes and ordinances and any other state or federal law, code, or regulation applicable to Tenant's use.
C. Tenant shall not use or allow any person to use the Premises in a manner that constitutes waste or nuisance, or that would unreasonably annoy persons visiting the Premises or persons in the immediately surrounding property or neighborhood.
3. Lease Term.
The term of this Lease ("Lease Term") shall be for a period of five (5) years, commencing on the "Effective Date" and ending on the fifth (5th) anniversary of the Effective Date. The Effective Date is July 1, 2007. The Lease may be renewed for up to two (2) successive five (5) year terms. Such renewal will be deemed automatic unless the Lease is sooner terminated as provided herein or upon written notice of intent not to renew provided to School District by Tenant.
4. Annual Rent.
Annual rent shall be $1.00 per year.
5. Improvements and Construction.
A. Tenant must provide School District with 30 days advance notice of any construction to be performed or improvements made on Premises. Tenant shall be solely responsible for obtaining all necessary permits and approvals from all applicable governmental authorities prior to commencement of construction or improvements.
B. The cost of construction or improvements will be borne by the Tenant.
C. Tenant shall carry out construction and improvements in conformity with all applicable laws.
Compliance with Laws and Regulations.
Tenant shall not omit or fail to do anything, or do or permit anything to be done on or about the Premises, or bring or keep anything on the Premises, or in any improvement or facility erected thereon, which will in any way conflict with any law, ordinance, rule, or regulation which is now in force or which may hereafter be enacted or promulgated by any public authority having jurisdiction over the Premises.
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Use and/or Storage of Hazardous Material.
The use, storage and disposal of all Hazardous Material shall be in strict compliance with applicable statutes, ordinances and regulations in effect during the term of this Lease that relate to public health and safety and the protection of the environment.
Maintenance and Repairs.
Tenant shall keep Premises and any improvements or equipment thereon in good and sanitary order and repair and in a good, safe, and presentable condition.
9. Abandonment.
Tenant shall not abandon, as defined under California law, the Premises at any time during the term hereof, and if Tenant shall abandon, vacate or otherwise cease operating, any personal property belonging to Tenant and left upon the Premises and any or all of Tenant's improvements and facilities thereon, shall, at the option of School District, become the property of School District.
10. Liens and Assessments.
School District warrants that the Premises is free from tax or other types of liens or assessments and that School District is solely responsible for any such liens or assessments.
11. Utilities.
A. Subject to applicable ordinances and regulations, Tenant may, at Tenant's expense, connect to sewer, water, and electrical facilities and Tenant shall thereafter maintain said facilities within the boundaries of Premises.
B. All charges for utility services to the Premises shall be paid by Tenant when due.
12. Indemnification.
Upon the Effective Date of the Lease, Tenant shall, for the full term of this Lease, indemnify and save harmless School District and its officers, agents and employees from and defend the same against any and all claims, liens, liability, expense (including attorneys' fees), losses and judgments arising from death or personal injuries or from the loss or destruction of, or damage to, property of any person whomsoever resulting from the acts, omissions, or negligence of Tenant, Tenant's officers, agents, contractors, permittees, or employees with respect to use of or Tenant's obligation to maintain the Premises and any improvements to the Premises.
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13. Insurance.
Tenant shall obtain acceptable insurance coverage beginning on the Effective Date and continuing through the entire Lease term. The acceptable insurance shall be equivalent to the coverage Tenant provides for its other public parks.
14. Inspection of Premises and Improvements.
Tenant shall permit the respective agents, employees, or appointees of School District to enter in and upon the Premises and all improvements thereon at all reasonable times for the purpose of inspecting the same.
15. Reversion of Title.
During the term of this Lease, title to any and all improvements placed on the Premises by Tenant shall be vested in Tenant. At the end of the Lease term, title to all such improvements shall revert to the School District; provided, however, that Tenant shall be entitled to remove from the Premises all of its personal property.
16. Non-waiver of Defaults.
No term, covenant, or condition hereof can be waived except by the consent of School District. The waiver by School District of any breach by Tenant of any term, covenant, or condition hereof shall not operate as a waiver of any subsequent breach of the same or of any other term, covenant, or condition of this Lease.
17. Rights Upon Termination.
If Tenant is not in default hereunder, Tenant shall have the right to remove only the trade tixtures which lenant may have placed or installed upon the Premises during the term of the Lease; provided, however, that upon said removal, Tenant shall repair, at Tenant's own expense, any damage resulting therefrom. The term "trade fixtures" means those improvements, other than structures or structural modifications installed by Tenant, used for the conducting of Tenant's business and which can be removed without interference or damage to structures.
18. Subletting/Assignment.
A. No Assignment. Tenant shall not assign, in whole or in part, this Lease or any of its rights under this Lease.
B. Subletting. Tenant may not sublease all or any portion of the Premises or the improvements constructed or installed on the Premises without the prior written consent of School District.
19. Effect of Failure to Comply.
If Tenant attempts to make or allow to be made any subleasing, encumbrance, assignment, or other transfer except in accordance with the provisions of Section 18, then any of the foregoing events shall be deemed a breach of the conditions and restrictions of this Lease, and upon such breach.
School District may, at its option, terminate this Lease at once by written notice, and upon such termination this Lease shall end and be of no further force.
20. Termination.
The Lease may be terminated, with or without cause, at any time during the term of the Lease by either party upon ninety (90) days written notice.
21. Mediation/Arbitration.
All claims, disputes, and controversies arising out of or in relation to the performance, interpretation, application, or enforcement of this Lease, including. but not limited to, breach thereof, shall be subject to mediation and thereafter, if necessary, to arbitration.
22. Lease Made in California.
This Lease has been made and shall be construed in accordance with the laws of the State of California. All duties, obligations, and liabilities of School District and Tenant with respect to the Premises are expressly set forth herein and this Lease can only be amended in writing.
23. Headings.
The headings contained herein are for convenience of reference and are not intended to define or limit the scope of any provisions of this Lease.
24. Attorneys' Fees.
In the event that either party shall file suit to enforce the terms of this Lease, the successful party shall be awarded a reasonable attorney fee, which will be fixed by the Court.
25. Notices.
All notices to be given hereunder shall be in writing and shall be deemed given when received in the United States mail, postage prepaid, certified or registered, addressed as follows, or to such other address as from time to time may be designated by a party by written notice to the other parties:
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A. Superintendent B. City Manager
Barstow Unified School District City of Barstow
551 South Avenue H 220 E. Mountain View
Barstow, CA 92311 Barstow, CA 92311
26. Surrender and Merger.
The voluntary or other surrender or termination of this Lease by Tenant or a mutual cancellation thereof shall not work a merger and shall, at the option of School District, terminate all or any existing subleases or subtenancies or may, at the option of School District, operate as an assignment to School District of all such subleases or subtenancies.
27. Successors and Assigns.
The provisions of this Lease shall bind and inure to the benefit of the successors and assigns of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the day and year first above written.
"SCHOOL DISTRICT" "TENANT"
CITY OF BARSTOW
BARSTOW UNIFIED SCHOOL
DISTRICT
3y: Tony Warchel
Tony Wardell Lawrence Dale
Asst. Superintendent - Business Mayor
APPROVED AS TO FORM:
V. Cousino
city Clerk
Team CANOE BARON
M. Abich СОМОНИТА
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City Attorney ЗЕРТ. 80, 1847
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