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HomeMy WebLinkAbout2002-389 . ., 1 2 RESOLUTION NO. 2002-389 3 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH THE ROCK CHURCH AND WORLD 4 OUTREACH CENTER, FOR USE OF VACATED PORTIONS OF WATERMAN 5 AVENUE, SOUTH OF CAROLINE STREET, NORTH OF UNION PACIFIC RAILROAD. 6 7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 8 SECTION 1. That the Mayor of the City of San Bernardino is hereby authorized and 9 directed to execute, on behalf of said City, a Lease Agreement relating to that certain real 10 property commonly known as Waterman Avenue, and more specifically described in the Lease 11 12 Agreement, a copy of which is attached hereto, marked Exhibit" I" and incorporated herein by 13 reference as fully as though set forth at length. 14 15 if the parties to the agreement fail to execute it within sixty (60) days of the passage of this 16 17 18 19 20 21 SECTION 2. The authorization to execute the above-referenced agreement is rescinded resolution. 11/ 22 23 24 25 26 27 28 12/04/02 2002-389 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH THE ROCK CHURCH AND WORLD OUTREACH CENTER, FOR USE OF. 1 VACATED PORTIONS OF WATERMAN AVENUE, SOUTH OF CAROLINE STREET, NORTH OF UNION PACIFIC RAILROAD. 2 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 3 4 Common Council of the City of San Bernardino at a 5 6 7 8 9 10 joint regular meeting thereof held on the 16 th day of December , 20~, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT x ESTRADA 11 12 13 LONGVILLE x MCGINNIS x DERRY x SUAREZ x ANDERSON x MCCAMMACK x . ) 1.. ' i. '/ '.JTa.(' U'-t. City'Clerk r2 /1'./ ;:) \....€",(/t...-I[.. day of / December ,20 02 . Approved as to form and legal content: 24 25 26 JAMES F. PENMAN City A torney 27 28 ~ -' ~~ 12/04/02 2 .- 2002-389 EXHIBIT "1" LEASE AGREEMENT This Lease is made as of this 16 th day of December ,20 02, by and between the CITY OF SAN BERNARDINO, a municipal corporation, hereinafter referred to as "Lessor" and THE ROCK CHURCH AND WORLD OUTREACH CENTER, a California corporation, hereinafter referred to as "Lessee". RECITALS This Lease is made and entered into with respect to the following facts: A. Lessor is the owner of the property herein described. B. Lessee owns the adjacent property, and desires to lease this property from Lessor, and Lessor is willing to lease the property to Lessee upon the terms and conditions hereinafter set forth. NOW, THEREFORE, the parties hereby agree as follows: 1. Propertv: Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, the property located on the east side of Waterman Avenue, south of Caroline Street, north of the Union Pacific Railroad, in the City of San Bernardino, California, and legally described as: All that certain real property in the City of San Bernardino, State of California, being a portion of Waterman Avenue, a portion of which is within Lot 9, Block 75 Rancho San Bernardino as per plat recorded in Book 7 page 2 of Maps, records of said County, said portion of Waterman Avenue being described as follows: Parcel A Commencing at the Southeast corner of Lot 43, Tract 2170 ("Inter City No.5) as per plat recorded in Book 3 I page 49 of Maps, records of said County; thence North, along the East line of said Lot 43, 296.85 feet to the southerly line of Caroline Street (33' half width); thence along said southerly line North 890 47' 00" East 80.00 feet to the True Point of Beginning; 1 .,' 2002-389 Thence leaving said Southerly line South 00013'00" West 66.71 feet to a tangent curve, concave westerly, having a radius of 373.00 feet; thence southerly along said curve, through a central angle of 16019'12", a length of 106.24 feet to a reverse curve, concave easterly, having a radius of 446.00 feet; thence southerly along said reverse curve, through a central angle of 16019' 11 ", a length of 127.04 feet to the south line of said Tract 2170; thence South 195.00 feet to a line parallel with and distant 195.00 feet southerly of said south line; thence along said parallel line North 89047'00" East 58.81 feet to the easterly line of said Waterman Avenue, said east line being a line parallel with and distant 130.00 feet easterly of said centerline of Waterman Avenue; thence along said easterly line South 479.16 feet; thence North 89047'00" East 35.00 feet to a line parallel with and 165.00 feet easterly of said centerline of Waterman Avenue; along said parallel line South 121.29 feet more or less to the northerly right of way line of the Union Pacific Railroad Company (formerly Southern Pacific); thence leaving said easterly line of Waterman Avenue and along said Northerly line North 80000'00" West 132.01 feet to a line parallel with and 35.00 feet easterly of said centerline of Waterman Avenue; thence along said parallel line North 880.00 feet; thence North 04040'55" East 171.52 feet; thence North 68026'31" East 49.46 feet to said southerly line of Caroline Street; thence along said southerly line North 89000'00" East, a distance of 8.07 feet to the True Point of Beginning. Parcel B Commencing at the Southeast corner of Lot 43, Tract 2170 (Inter City No.5) as per plat recorded in Book 31, page 49 of Maps, records of said county; thence North along the East line of said Lot 43, 296.85 feet to the True Point of Beginning, which is on the southerly line of Caroline Street (33' half width); thence along said southerly line North 89047'00" East 80.00 feet; thence leaving said southerly line South 00013'00" East 66.71 feet to a tangent curve, concave westerly, having a radius of 373.00 feet; thence southerly along said curve, through a central angle of 16019'12", a length of 106.24 feet to a reverse curve, concave easterly, having a radius of 446.00 feet; thence southerly along said reverse curve, through a central angle of 16019' II ", a length of 127.04 feet to the south line of said Tract 2170; thence South 195.00 feet to a line parallel with and distant 195.00 feet southerly of said south line; thence along said parallel line North 89047'00" East 58.81 feet to the easterly line of said Waterman Avenue, said east line being a line parallel with and distant 130.00 feet easterly of said centerline of Waterman Avenue; thence along the generally Easterly line of said Waterman Avenue the following courses: I. Along said last mentioned parallel line "North 195.00 feet to said South Line of Tract 2170; 2. Along said South Line South 89047'00" West 1.19 feet to a point on a non-tangent curve, concave easterly, having a radius of 386.00 feet, a radial line to said point bears South 89047'00" West; 2 '.; 2002-389 3. Northerly along said curve through a central angle of 16019' II ", a length of I 09.95 feet to a reverse curve concave westerly, having a radius of 433.00 feet; 4. Northerly along said reverse curve, through a central angle of 16019'12", a length of 123.33 feet, 5. South 00013'00" East 46.71 feet to a tangent curve concave southeasterly, having a radius of 20.00 feet; 6. Northeasterly along said curve, through a central angle of 90000'00", a length of 31.42 feet to said southerly line of Caroline Street and the True Point of Beginning. The herein above described parcels of land are shown on Exhibit "A" attached here to and by this reference made a part hereof. Said Lease is also subject to the following easements and restrictions: A) Any existing easements for public utility purposes belonging either to the City of San Bernardino or to any public utility. B) An easement reserved for the City of San Bernardino Municipal Water Department, its successors, heirs and assigns, an easement for water utility purposes over the entire area proposed to be vacated, including the right at any time, or from time to time, to construct, maintain, operate, replace and renew one or more pipelines or appurtenances for the transportation of water and related incidental purposes, and said easement shall include the right of ingress and egress thereto. C) An easement reserved for Pacific Bell, its successors, heirs and assigns, an easement to construct, place, operate, inspect, maintain, repair and replace underground and overhead structures consisting of wires, cables and necessary fixtures and appurtenances and said easement shall include right of ingress and egress thereto. D) An easement reserved for Southern California Edison, its successors, heirs and assigns, an easement to construct, place, operate, inspect, maintain, repair, replace and remove any overhead or underground electrical transmission and/or distribution structure 3 ",' 2002-389 consisting of wires, cables, conduits, poles, pole anchors and guy wires, manhole markers and necessary fixtures and appurtenances and said easement shall include right of ingress and egress thereto. E) An easement reserved for The Gas Company, its successors, heirs and assigns, an easement over the entire area proposed to be vacated, including the right at any time, or from time to time, to construct, maintain, operate, replace and renew one or more pipelines or appurtenances for the transportation of natural gas, including the right of ingress and egress thereto. In utilizing the easements described in Paragraphs A through E above, the holders of said easements shall prevent damage to any facilities located within the leased area by respective easement holders and will promptly repair or pay for the repair of any damage due to the use of such facilities. 2. Use Restrictions The Premises may be used by Lessee for any lawful activity in connection with the provision of landscape and parking maintenance. Lessee's permitted use of the leased area shall be limited to the installation and maintenance of landscaping and parking area and Lessee shall assume full responsibility for the on-going maintenance of the leased area upon completion of the irrigation system and landscaping and/or parking installed by Lessee and its acceptance by the City. 3. Lease Pavments For the lease period commencing on December 16,2002, for a term through December 15, 2052. Lessee shall pay Lessor rent at $1.00 per year and Lessee shall pay for the cost of installation and continuous maintenance of the landscaped and parking areas including 4 '. 2002-389 groundcover and irrigation as required by Lessor. The rent shall be due and payable on or before the date of commencement for each year that the Lease Agreement is in effect. Lessee shall have the option to pay all or part of the rent in advance. All rents shall be sent to the Lessor at the following address: City of San Bernardino Development Services Department Real Property Section 300 N. "0" Street, 3rd Floor San Bernardino, CA 92418 4. Term The term of this Lease shall be for a period of fifty (50) years, commencing on December 16,2002 and terminating on December 15,2052, unless terminated at an earlier date as provided in Paragraph 22. 5. Improvements Lessee shall not make, or suffer to be made, any alterations to the demised premises, or any part thereof, other than as set for in Paragraph 6 herein, without the prior written consent of Lessor. Any and all alterations and/or improvements made to the demised premises pursuant to this section shall, upon termination of this Lease Agreement, remain as a part of the premises and at no cost or obligation to the Lessor. 6. Alterations If during the term of this Lease, any law, regulation or rule requires that an alteration, addition or other change be made to the leased area, it is agreed between the parties to this Lease that the alterations, additions or changes are required as a result of Lessee's use of the premises, and that Lessee shall comply and cause any changes required to be made by Lessor and Lessee shall incur all expenses connected therewith. /11 5 2002-389 7. Maintenance Lessee shall, at Lessee's own cost and expense, keep and maintain all improvements and landscaping hereinafter constructed on the property as required by Lessor, in good condition and repair and Lessee shall use all reasonable precaution to prevent waste, damage or injury to the property. Lessor shall at any reasonable time, have the right to go upon the property and inspect and examine the same relative to such maintenance and upkeep. 8. Utilities Lessee shall pay for all electricity, water, and any other services and utilities required for the maintenance and upkeep of the leased area. 9. Ownership Lessee acknowledges Lessor's title, paramount interest and ownership of the subject property, and Lessee agrees never to challenge or contest said title, ownership or interest of Lessor. 10. Assignment or Sublease Lessee shall not assign or sublease any portion of the premises without first obtaining written approval by Lessor. II. Encumbrances Lessee shall payor cause to be paid all costs of construction andlor installation of the parking lot and landscaping referred to above, and all utilities used in connection with said parking lot and landscaping. Lessee shall keep the property free and clear of any and all claims and liens arising out of performance of work, furnishing of materials and use of utilities. /II 6 , 2002-389 12. Permits and Fees Lessee shall obtain all necessary permits and pay all license fees, assessments, taxes, penalties or fines which may be levied against said leased area as a result of Lessee's lease or actions under said Lease. 13 . Taxes/Possessory Interest Lessee covenants during the term of this Lease to pay, when due, all taxes and assessments that may be assessed or imposed upon the Lessee's possessory interest in and to the premises and upon personal property located on the leased premises. During Lessee's possession and use of the leased area, should any taxes thereon be assessed against Lessor, Lessee agrees to indemnify Lessor therefrom. 14. Right to Enter Lessor shall at all times have the right to enter upon the property. 15. Rules and Regulations Lessee shall observe all rules, regulations, codes and enactments of the Lessor and all applicable statutes of the State of California in constructing, installing and maintaining said landscaping and parking lot in the leased area. 16. Amendment This agreement may be amended or modified only by written agreement signed by both parties. 17. Liability Insurance Lessee agrees to procure and maintain in force during the term of this Lease and any extension, at its own expense, the following insurance in companies approved by Lessor, adequate to protect against liability for injury and damage claims arising in or around the Leased 7 2002-389 premises; (I) Commercial General Liability with limits of five million dollars ($5,000,000.00) per occurrence, (2) Automobile Liability with a combined single limit of one million dollars ($1,000,000.00) per accident, and (3) Worker's Compensation Insurance as required by law and Employers' Liability with limits of one million dollars ($1,000,000.00) per occurrence. Lessee shall provide to Lessor a certificate of insurance and an additional insured endorsement which provides: (a) On the Commercial General Liability policy that the City of San Bernardino is named as an additional insured for the acts or omissions of Lessee. (b) The certificates shall include the insurance company name, policy number, period of coverage, and the amount of insurance. (c) That the Real Property Section of the City of San Bernardino must be given notice in writing at least thirty (30) days prior to cancellation, material change, or refusal to renew the policy. (d) That Lessee's insurance will be primary to any coverage the City of San Bernardino may have in effect. 18. Environmental Lessor represents that the lease area has not been used to generate, store, treat or dispose of hazardous substances, hazardous materials or hazardous wastes. In addition, Lessor represents that no pesticides, hazardous materials, hazardous substances, hazardous wastes, pollutants, asbestos, polychlorinated biphenyls (PCBs), petroleum or other fuels (including crude oil or any fraction or derivative thereof) or underground storage tanks are located on or near the lease area. Notwithstanding any other provisions of this Lease, Lessee relies upon the representations stated herein as material inducement for entering into this Lease. 8 ..' 2002-389 19. Indemnification Except to the extent of the negligence or willful misconduct of Lessor or its agents, boards, officers, employees, representatives or contractors, Lessee shall defend, indemnify, and hold harmless Lessor, its agents, boards, officers, employees, representatives, or contractors against any and all claims, suits, damages for personal injury, including death, property damage, demands, loss or liability of any kind or nature arising from Lessor's approval of this Lease and from Lessee's operations under this Lease. 20. Title and Ouiet Eniovment: (a) Lessor warrants that it has the authority to execute this Lease; Lessor further warrants that Lessee shall have quiet enjoyment of the Premises during the term of this Lease or any renewal term. (b) Lessee shall have the right at any time up to the full execution of this Lease, and prior to the Commencement Date to obtain a preliminary title report or commitment for a leasehold title policy from a title insurance company of its choice. If, in the opinion of Lessee, such title report shows any defects of title or any liens or encumbrances which may adversely affect Lessee's use of the Premises, Lessee shall have the right to terminate this Lease (prior to the Commencement Date), immediately upon written notice to Lessor. 21. Notices All notices herein required shall be in writing and delivered in person or sent by certified mail, postage prepaid, addressed as follows: LESSOR: CITY OF SAN BERNARDINO DEVELOPMENT SERVICES Real Property Section 300 North "0" Street San Bernardino, CA 92418 LESSEE: THE ROCK CHURCH & WORLD OUTREACH CENTER Attn: Jim Cobrae, Senior Pastor P.O. Box 10095 San Bernardino, CA 92423 9 .. 2002-389 22. Termination This Lease may be terminated at the option of either party upon the service of a ninety (90) day advance written notice of such termination to other party. Upon termination of this Lease, Lessee shall surrender the property occupied by this Lease in as good condition as same was at the time of Lessee's entry thereof subject to the conditions herein set forth. 23. Miscellaneous: (a) This Lease shall be binding on and inure to the benefit of the successors and permitted assignees of the respective parties. (b) This Lease shall be governed under the laws of the State of California. (c) The prevailing party in any legal action to enforce any provision of this Lease shall be entitled to recover from the losing party all attorneys' fees and court costs, including appeals if any, in connection with that action. The costs, salary, and expenses of the City Attorney and members of his office in connection with that action, shall be considered as attorneys' fees for the purpose of this Lease. (d) This Lease constitutes the entire Lease and understanding between the parties and supersedes all offers, negotiations and other leases concerning the subject matter contained herein. There are no representations or understandings of any kind not set forth herein. Any amendments to this Lease must be in writing and executed by both parties. 24. Covenants: There are no covenants or warranties other than those expressed in this Lease. 1// 10 2002-389 LEASE AGREEMENT - CITY OF SAN BERNARDINO AND THE ROCK CHURCH AND WORLD OUTREACH CENTER IN WITNESS WHEREOF, the parties have executed this Lease on the day and year set forth at the beginning of this Lease. ATTEST: ~h.~,- Rach Clark, City Clerk Approved as to form And legal content JAMES F. PENMAN, City Attorney A -. ?; ~--- CITY OF SAN BERNARDINO, a Municipal corporation C2 { eL---. alles, Mayor ----~ 11 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES REAL PROPERTY SECTION I ~':V '.0' N 8ge 00' 00" E 8.07' N 680 26' 31"e 49.46' N 040 40' 55" E 171.52' PARCEL "B" Varies PARCEL "A" -UNION - 2002-389 N 890 47' 00" E 80.00' TP08 TPOB Parcel A ParcelS " M CAROLINE -STREET- Por I er-Cit No.5. ract N .2170 .8.31/ 9 C2 4 4 C3 poc S 89' 47' 00. W 1.19' 4 4 4 4 Curve Data L 0 31.42' 90'00'00" 123.33' '6'19"2" 109.95' 16'19"'" 127.04"6'19'1'" 106.24' 16'19'12" R C1 20.00' C2433.00' C3386.00' C4446.00' C5373.00' z <( :2 a:: w I- <( 3: j- 35'-, I~ I~ " o Approximate location of "roe of Slope" Area of Landscaping 130' Line Data L L1 58.81' N 89' 47' 00" E L2 195.00' N 00' 00' 00" L3 66.71' S 00' 13' 00" W N89047'OQ"E 35.00' Proposed Rock Church --- PACIFIC - RAILROAD -R/W --- N 80' 00' 00" W 132.01' --- --- --- --- PROPOSED VACATION OF A PORTION OF THE EAST SIDE OF WATERMAN AVENUE, SOUTH OF CAROLINE STREET ~K /CAe.. PLAN NO.: 10421 Prepared by: CITY ENGINEER jlt<>Z-I~ FILE NO. : 15.30-361 ~ _ . R-6-<'t-S ''I ',1 _, _ -I. ( Checked by: !. r,', : )1 ';, ' Date: OS / 08/ 2002 Sheet of AREA OF VACATION SHOWN AS W/ /~ EXHIBIT "A"