LAND LEASE
This Lease (the "Lease") is made and entered into as of the 1st day of July 2022 (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").
Stringham Part Propertises c, maily ned by schoul Distant a cd depicty on the sias Map designated as APN 183-601-07 in Exhibit B.
C. School District wishes to lease the real property described in Exhibit B from the School District and to 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 leases the Premises from School District, on the terms and conditions as set forth in this lease.
2. 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.
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
1 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, 2022. 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 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.
6. 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 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.
7. Use and/or Storage of Hazardous Material.
The use, storage, and disposal of all Hazardous Materials shall be in strict compliance with applicable statutes, ordinances, and regulations in effect during the term of this Lease that relates to public health and safety and the protection of the environment.
8. Maintenance and Repairs.
Tenant shall keep Premises and any improvements or equipment thereon in good and sanitary order and repair and in good, safe, and presentable condition. 2 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 the 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 attorney's 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 Tenant's obligation to maintain the Premises and any improvements to the Premises.
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 the School District to enter in and upon the Premises and all improvements thereon at all responsible 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 the Tenant shall be vested in the Tenant. At the end of the Lease term, title to all such improvements shall revert to the School District; provided, however, that the 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 the School District. The waiver by the School District of any breach by the 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 fixtures which Tenant 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, therefore. The term "trade fixtures" means those improvements, other than structures or structural modifications installed by Tenant, used for conducting Tenant's business and which can be removed without interference or damage to structures.
18. Subletting/Assignement.
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.
4 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 the convenience of reference and are not intended to define or limit the scope of any provisions of this Lease.
24. Attorney's Fee.
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 party.
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"
BARSTOW UNIFIED SCHOOL CITY OF BARSTOW
DISTRICT
By:. By:
Deanna Dibble Paul Courtney
Chief Business Official Mayor
APPROVED AS TO FORM: ATTEST:
By: By:
(insert name) (insert name)
City Attorney City Clerk