Resolution No. 5366
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RBSOLU'.rIOII 110. 5366
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF VERNON APPROVING AND AUTHORIZING THE
EXECUTION OF A LEASE BETWEEN THE CITY OF
VERNON AND THE VERNON POLICE OFFICERS' BENEFIT
ASSOCIATION
WHEREAS, the Vernon Police Officers' Benefit Association
("VPOBA") desires to lease premises in the Vernon City Hall to be
used for physical fitness activities by members of the VPOBA who
are off duty personnel employed by the City of Vernon in the Ver-
non Police Department: and
WHEREAS, the City of Vernon desires to enter into such a
lease with the VPOBA on the condition that said facilities would
be available only for off duty personnel.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF VERNON AS FOLLOWS:
SECTION 1: That the City Council of the City of Vernon
hereby finds and determines that the recitals contained
hereinabove are true and correct.
SECTION 2: That the City Council of the City of Vernon
hereby approves the Lease, a copy of which has been presented to
the City Council concurrently with this resolution and the City
Council hereby orders said Lease to be received and filed by the
City Clerk.
SECTION 3: That the City Council of the City of Vernon
hereby authorizes the Mayor and the City Clerk to execute said
Lease for, and on behalf of, the City of Vernon.
SECTION 4: The City Clerk of the City of Vernon shall
certify to the passage of this resolution and thereupon and
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thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this 27th day of January, 1987.
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BRU E V. MALKENHORST, City Clerk
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14 (SEAL)
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
I, BRUCE V, MALKENHORST, City Clerk of the City of
Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. 5366 , was duly adopted by the City Council of
the City of Vernon. and was approved by the Ma.yor of said City
an adjourned
at ~;regular meeting of the City Council held on Tuesday,
Jam,lary 27
, 19 87
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1 LEASE
2 THIS LEASE is made, entered into and executed in dupli-
3 cate originals, either copy of which may be considered and used
4 as the original hereof for all purposes, as of the ~lst day
~ of Februa.r_y 1987, in the City of Vernon, County of
0 Los Angeles, California
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8 BY AND BETWEEN Vernon Police Officers' Benefit
Association
9 P.O. Box 58432
10 Vernon, CA 9f~f~58
(hereinafter designated and
11 referred to as "Lessee")
12 ~ City of Vernon .
4315 Santa Fe Avenue
13 Vernon, CA 9~1fd58
(hereinafter designated and
14 referred to as "Lessor")
15 W I T N E S S E T H:
16 WHEREAS, Lessee desires to lease premises in the Vernon
17 City Hall which can be used for physical fitness activities; and
18 WHEREAS, Lessee has requested that the Lessor consider
19 entering into a lease on a month-to-month basis which would
provide space in the Vernon .City Hall to be used by the Lessee
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21 for physical fitness activities; and
22 WHEREAS, Lessee has indicated that the facilities will
23 only be available for off duty personnel; and
24 WHEREAS, Lessee has indicated that it will develop rules
25 and regulations providing for the use of said facilities and
26 shall be solely responsible. and liable for all activities occur-
27 ring therein.
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1 NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS HEREIN
~ CONTAINED AND THE MUTUAL BENEFIT TO"EACH PARTY, IT IS HEREBY
3 AGREED AS FOLLOWS:
4 1.. Lessor hereby leases to Lessee those certain
5 premises herein called "said premises" in the City of Vernon,
6 County of Los Angeles, State. of California, described as follows:
7 Room identified as "Records Storage" located
~ downstairs in proximity to the arsenal
9 comprised of approximately 4801 square feet.
10 2. TERM.. This lease shall be a month-to-month tenancy
11 commencing at 12:f~1 a.m. on February 1, 1987, and shall terminate
12 upon thirty (3~!) days written notice by either party.
13 3. REDiT. Lessee agrees to pay to Lessor a fixed mini-
14 mum rental for the use and occupancy of said premises of One Dol-
15 lar ($l.~Q!) per month payable on the first day of each and every
16 month commencing February 1, 1987, at the office of the City Ad-
17 ministrator of the Lessor located at the Vernon City Hall, or at
18 such other place or places as Lessor may from time to time desig-
19 nate by written notice delivered to Lessee.
20~ 4. PERMITTED .USE. Said premises shall, during the term
21 of this lease,. be used for the purpose of operating and conduct-
. 22 ing thereon a physical fitness program and uses normally incident
23 to such purpose and for no other purpose. In conducting said
24 physical fitness activity on said premises, Lessee shall develop
25 rules and regulations that off duty personnel only shall be per-
26 mitted to use the facilities and that the Lessee will be liable
27 for any injuries occurring while said facilities are being used
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1 and said facility shall be restricted to members of the Lessee
2 who are off duty personnel employed by the Lessor in the Vernon
3 Police Department.
4 5. INSURANCE HAZARDS.. Lessee shall not commit or per-
5 mit the commission of any acts on said premises nor use or permit
~ the use of said premises in any manner that will increase the ex-
7 fisting rates for or cause the cancellation of any fire, or other
g insurance policy carried by the Lessor insuring said premises or
9 the improvements on said premises.
19 6. WASTE OR NUISANCE, Lessee shall not .commit or per-
11 mit the commission by others of any waste on said premises;
12 Lessee shall not maintain, commit, or permit the maintenance or
13 commission of any nuisance as defined in Section 3479 of the
14 California Civil Code on said premises; and Lessee shall not use
15 or permit the use of said premises for any unlawful purpose.
16 7. COMPLIANCE WITH LAW. Lessee shall at Lessee's own
17 cost and expense comply with all statutes, ordinances, regula-
18 tions, and requirements of all governmental entities, both
19 federal and state and county or municipal, relating to Lessee's
2U use and occupancy of said premises whether such statutes, or-
21 dinances, regulations, and requirements be now in force or
22 hereinafter enacted. The judgment of any court of competent
23 jurisdiction, or the admission by Lessee in a proceeding brought
24 against Lessee by any governmental entity, that Lessee has vio-
25 lated any such statute., ordinance, regulation, or requirement
26 shall be conclusive as between Lessor and Lessee and shall be
27 grounds for termination of this lease by Lessor.
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1 8. MAINTENANCE BY LESSEE. Except as otherwise
2 expressly provided in this lease, Lessee shall at his own cost
3 and expense keep and maintain all portions of said premises as
4 well as all improvements on said premises and all facilities ap-
5 purtenant to said premises in good order and repair and in as
6 safe and clean a condition as they were when received by Lessee
7 from Lessor, reasonable wear and tear excepted.
8 9. INSPECTION BY LESSOR.. Lessee shall permit Lessor or
9 Lessor's agents, representatives, or employees to enter said
10 premises at all reasonable times for the purpose of inspecting
11 said premises to determine whether Lessee is complying with the
12 terms of this lease and for the purpose of doing other lawful
13 acts that may be necessary to protect Lessor's interest in said
14 premises under this lease or to perform Lessor's duties under
15 this lease.
16 1Q1. SURRENDER OF PREMISES. On expiration or sooner ter-
17 urination of this lease, Lessee shall promptly surrender and
18 deliver said premises to Lessor in as good condition as they are
19 now at the date of this lease, reasonable wear and tear and
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repairs herein required to be made by Lessor excepted.
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11. HOLD HARMLESS CLAUSE. Lessee agrees to indemnify
22 and hold Lessor and the property of Lessor, including said
23 premises, free and harmless from any and all claims, liability,
24 loss, damage, or expenses resulting from Lessee's occupation and
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use of said premises, specifically including, without limitation,
26 any claim, liability, loss, or damage arising by reason of:
27 (a) The death or injury of any person or persons,
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1 including Lessee or any person who is an employee or agent of
2 Lessee, or by reason of the damage to or destruction of any
3 property, including property owned by Lessee or any person who is
4 an employee or agent of Lessee, and caused or allegedly caused by
5 either the condition of said premises, or some act or omission of
0 lessee or of some agent, contractor, employee, servant, sub-
? lessee, or concessionaire of Lessee on said premises;
8 (b) Any work performed on said premises or
9 materials furnished to said premises at the instance or request
10 of Lessee or any agent or employee of Lessee; and
11 (c) Lessee's failure to perform any provision of
12 this lease or to comply with any requirement of law or any
13 requirement imposed on Lessor or the leased premises by any duly
14 authorized governmental agency or political subdivision.
15 12. WORKERS' COMPENSATION. Lessee shall require all in-
16 dividuals using the facilities to sign a written statement in-
17 dicating that they agree that their activities are not required
18 by Lessor but are prompted solely by their own personal concerns
19 and that when pursuing these physical fitness activities they are
20 not doing so during off duty times and will not pursue these ac-
21 tivities in such a way as to cause the Lessor to be required to
22 provide workers' compensation coverage for said activities.
23 13. SUBLEASING OR ASSIGNING AS BREACH. Lessee shall not
24 encumber, assign, or otherwise transfer this lease, any right or
25 interest in this lease, or any right or interest in said
26 premises, or any of the improvements that may now or hereafter be
27 constructed or installed on said premises without the express
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1 written consent of Lessor first had and obtained. Neither shall
2 Lessee sublet said premises or any part thereof or allow any
3 other person, .other than Lessee's members to occupy said premises
4 or any part thereof without the prior written consent of Lessor.
5 14. ATTORNEY'S FEES. Should any litigation be commenced
6 between the parties to this lease concerning said premises, this
7 lease, or the rights and duties of either in relation thereto,
8 the party, Lessor or Lessee, prevailing in such litigation shall
9 be entitled, in addition to such other relief as may be granted
10 in the litigation, to a reasonable sums and for their attorney's
11 fees in such litigation which shall be determined by the court in
12 such litigation or in a separate action brought for that purpose.
13 15. NOTICES.. Except as otherwise expressly provided by
14 law, any and all notices or other communications required or per-
15 mitted by this lease or by law to be served on or given to either
16 party hereto by the other party hereto shall be in writing and
17 shall be deemed duly served and given when personally delivered
18 to the party to whom they are directed, or in lieu of such per-
19 sonal service when deposited in the United States mail, first-
20 class postage prepaid, address to Lessee at P.O. Box 58432,
21 Vernon, California 9l~P158, or to Lessor at 43f~5 Santa Fe Avenue,
22 Vernon, California 9RJf~58. Either party, Lessee or Lessor, may
23 change his address for the purpose of this section by giving
24 written notice of such change to the other party in the manner
25 provided in this section..
2G 16. SOLE AND ONLY AGREEMENT.. This instrument con-
27 stitutes the sole and only agreement between Lessor and Lessee
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1 respecting said premises, the leasing of said premises to Lessee,
2 or the lease term herein specified, and correctly sets forth the
3 obligations of Lessor and Lessee to each other as of its date.
4 Any agreements or representations respecting said premises or
~ their leasing by Lessor to Lessee not expressly set forth in this
~ instrument are null and void.
7 IN WITNESS WHEREOF the parties hereto .have executed this
~ lease, or caused it to be executed, as of the day, month and year
9 first above written..
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11 CITY OF VERNON, "Lessor"
12 By : ~~.~~L~~
13 ONIS C. MALB RG
Title: "yor
14 ATTEST:
s>
16 BRUCE V. MALKENHORST, City Clerk
17 APPROVEDfl AS TcO FORM:
DAVID B. BREARLEY, City Attorney
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20~ VERNON POLICE OFFICERS' BENEFIT
ASSOCIATION, "Lessee"
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23 Title: l~~ c~. ~,A~ ~ ~~.k'C.Sl~c~c.~i~
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, ,CITY COUNCIL ~ OFFICERS
LEONIS C. MALBURG, Mayor BRUCE V. MALKENHORST,
~ THOMAS A YBARRA, Mayor Pro-Tem City Administrator/City Clerk
Wm. "BILL" DAVIS
H. "LARRY" GONZALES DAVID B. BREARLEY,
W. MICHAEL MaCORMICK City Attorney
TELEPHONES' VICTOR H. VAITS,
Director of Community- Services
CITY CLERK ..............................583-8811 ~ ~ LEWIS R. ADAMS,
POLICE DEPT ...........................587-5171 ~ Director of Water & Power
FIRE DEPT .................................583-4821
BUILDING DEPT ......................583-8811 GEORGE F. BASS,
PUBLIC WORKS DEPT...........583-8811 ire Chief
HEALTH DEPT .........................583-8811 CITY HALL AL ESPINOZA
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 Police Chief
In Reply Refer to:
January 21, 1887
City Council
.City of Vernon
Honorable Members:
It is hereby recommended that the Lease Agreement by and between the
City of Vernon and the Vernon Police Officers Benefit Association for
the lease of premises in Verno~l City Hall, to be used for physical
fitness activities, be approved and the Mayor and City Clerk be
authorized to execute same.
Very truly yours,
Bruce V. Malkenhorst
City Clerk
BVM/gjo
9ss~CIAt~~~
January 21, 1987
T0: Mr. Bruce V. Malkenhorst, City Administrator
FROM: Off icer Christopher Hansen, UPOBA President
SUBJECT: Respon°se to Proposed Lease By .and Between the City of Vernon and
the Vernon Police Officers Benefit Association
Bruce,
After dieing revie~~~led by our, attorney last vreek, I presented and dT~iscussed
the lease with meii,~hers of the Association during aurmeeting of January 20, 1987.
After the discussions, we voted unanimously to acceptthe proposal for the
phys~ca h fitness room lease, wit~~h no changes in the wording of the agreement.
P1 ease present the lease to the City Co~incil for final approval. If `r
approved, please contact me regarding further arrangements.
Respectfully submitted,
L^
IST ER`P. ANSEN, P ESIDENT
VERNON POLICE OFFICERS BENEFIT ASSOCIATION
1 RESOLUTION NO. 5366
2 A RESOLUTION OF-THE, CITY COUNCIL OF THE CITY
OF VERNON APPROVING AND AUTHORIZING THE
3 EXECUTION OF A LEASE BETWEEN THE CITY OF
VERNON AND THE VERNON POLICE OFFICERS' BENEFIT
4 ASSOCIATION
5 WHEREAS, the Vernon Police Officers' Benefit Association
~ ("VPOBA") desires to lease premises in the Vernon City Hall to be
7 used for physical fitness activities by members of the VPOBA who
8 are off duty personnel employed by the City of Vernon in the Ver-
9 -non Police Department;-and
- 10 WHEREAS, the City of Vernon desires to enter into such a
11 lease with the VPOBA on the condition that said facilities would
12 be available only for off duty personnel.
13 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
14 THE CITY OF VERNON AS FOLLOWS:
15 SECTION I: That the City Council of the City of Vernon
16 hereby finds and determines that the recitals contained
17 hereinabove are true and correct.
1g SECTION 2: -That the City Council of the City of Vernon
19 hereby approves the Lease, a copy of which has been presented to
20 the City Council concurrently. with this resolution and the City
21 Council hereby .orders said Lease to be xeceived and filed by the
22 .City Clerk.
23 SECTION 3: That the City Council of the City of Vernon
24 hereby authorizes. the Mayor and the City Clerk to execute said
25 Lease for, and on behalf of, the City of Vernon.
26 SECTION. 4: The City Clerk of the City of Vernon shall.
27 certify to the passage of this resolution and-thereupon and
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,1 thereafter the same shall be in full force and effect.
2 APPROVED AND ADOPTED this 27th day of January, 1987.
3
4 s/Leonis C. Malburg
LEONIS C. MALBURG, Mayor
5 ATTEST:
6 _s/Bruce V. Malkenhorst
BRUCE V. MALKENHORST, City C1erK
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RECEIPT FOR PAYMENT
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CITY OF VERNON
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RECEIPT FOR PAYMENT
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1 RSSOLUTIOH NO. 5366.
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
3 OF VERNON APPROVING AND AUTHORIZING THE
EXECUTION OF A LEASE BETWEEN THE CITY OF'
~ 4 VERNON AND-THE VERNON POLICE OFFICERS' BENEFIT
ASSOCIATION
i 5 WHEREAS, the Vernon Police Officers' Benefit Association
~ 6 ("VPOBA") desires to lease premises in the Vernon City Hall to be
7 used for physical fitness activities by members of the VPOBA who
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are off duty personnel employed by the City of Vernon in the Ver-
9 non Police Department; and
10 WHEREAS, the City of Vernon desires to enter into .such a
1X lease with the VPOBA on the condition that said facilities- would
12 be available only for off duty personnel.
Z3 NOW, THEREFORE,- BE IT RESOLVED BY THE CITY COUNCIL OF
14 .THE CITY OF VERNON AS FOLLOWSs
1.5 SECTION is That the City Council of the City of Vernon
16 hereby finds and determines that the recitals. contained
17 hereinabove are true and correct.
18 SECTION 2s That the City Council of the City of Vernon
l9 hereby approves the Lease, a copy of which has 'been presented to
20~ the City Council concurrently with this resolution and the City
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21 council hereby orders said Lease to be received and filed by the
22 City Clerk. .
23 SECTION 3i That the City Council of th.e City of Vernon.
24 hereby authorizes the Mayor and the City- Clerk to execute said
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-hease for, and on behalf of, the City of Vernon.
~6 SECTION 4s The City Clerk of the City of Vernon shall
' 27 certify to the passage of this resolution and thereupon and
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l thereafter :the same. shall be in dull.force and effect.
2 APPROVES AND ADOPTED this 27th day o~ January, 1987.
3:
4 LEONIS C. MALB RG, May r
5 ATTE s
s l/
I`. ~ ~RD E V. eMALKENHORST, City C1,erk
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1 STATE QF CALIFORNIA
ss.
2 COUNTY OF LOS ANGELES )
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~4 I, BRUCE V._MALKENHORST., City Clerk of the City of
6. Vernon, da hereby certify _-that the foregoing; Resolutpn,:being
6 Resolution No. wasduiy adopted by the City ,Council of
the City `of Vexnon, and was approved by the Mayor-of sa d City
. an adjourned
8 at /regular meeting of the City Council. :held. on .Tuesday,
9 -~~'anLa.ry 2'] - , : 19 g 7. .
10 - -
11 ~ -
BRU E V. MALKENHORST, ty
12 Clerk
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