HomeMy WebLinkAbout2001-036
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RESOLUTION NO. 2001-36
RESOLUTION OF THE CITY OF SAN BERNARDINO TERMINATING A
LEASE AGREEMENT WITH THE EASTER SEAL SOCIETY AND AUTHORIZING
THE EXECUTION OF A LEASE AGREEMENT WITH A SPECIAL PLACE
CHILDREN'S HANDS-ON MUSEUM FOR USE OF THE CODDINGTON BRANCH
LIBRARY BUILDING AS A CHILDREN'S MUSEUM IN SAN BERNARDINO.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the Mayor and Common Council of the City of San Bernardino
hereby terminate a Lease Agreement with the Easter Seal Society of the Inland Counties, and
hereby authorize and direct the Mayor to execute a Lease Agreement with A Special Place
Children's Hands-on Museum, relating to the use of the Coddington Branch Library building as a
children's museum in the City, a copy of which is attached hereto marked Exhibit "A", and
incorporated herein by reference as fully as though set forth at length.
SECTION 2. The authorization to execute the above referenced Lease Agreement is
rescinded if the parties to the Lease Agreement fail to execute it within sixty (60) days of the
passage of this resolution.
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2/07/01
2001-36
RESOLUTION TERMINATING A LEASE AGREEMENT WITH THE EASTER SEAL SOCIETY AND
AUTHORIZING EXECUTION OF A LEASE AGREEMENT WITH A SPECIAL PLACE CHILDREN'S
HANDS-ON MUSEUM FOR USE OF CODDINGTON BRANCH LIBRARY
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
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Common Council of the City of San Bernardino at a
joint regular
meeting thereof
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held on the 20th
day of February
, 20~, by the following vote, to
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Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA X
LIEN X
MCGINNIS X
SCHNETZ X
SUAREZ X
ANDERSON X
MCCAMMACK X
JO~YlcL~a)ldJitn~ iJfC~
City Clerk I
The foregoing resolution is hereby approved this 20 r d day~' February
2001
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pproved as to form
d legal content:
.~
I ALLES, Mayor
ity f San Bernardino
24 AMES F. PENMAN
ity Attorney
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2/07/01
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2001-36
LEASE
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This Lease Agr~ement entered into this 27th day of February, 2001 by and
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3 between the CITY OF SAN BERNARDINO, a municipal corporation, hereinafter referred to as
4 "Lessor", and A SPECIAL PLACE CHILDREN'S HANDS-ON MUSEUM, a California
5 nonprofit public benefit corporation, hereinafter referred to as "Lessee",
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11 minimal cost which will be compatible with the surrounding park use; and
12 NOW, THEREFORE, the parties hereto agree as follows:
13 I. Lessor does hereby lease to Lessee and Lessee does hereby lease the facility from
WITNESSETH
WHEREAS, Lessor has certain property known as the Coddington Library Building
located in Perris Hill Park ("the facility"), which it has available for a beneficial public use; and
WHEREAS, Lessee is willing to provide a service to the residents of the City at a
14 Lessor.
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20 automatically be extended for each successive five (5) year renewal term upon Lessor's receipt
21 of Lessee's written notification of intention to renew no later than ninety (90) days prior to the
22 xpiration of the first ten (10) year term or any renewal term. In the event the Lessee decides not
23 0 extend this Lease, then Lessee shall notifY the Lessor in writing of Lessee's intention not to
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xtend this Lease at least ninety (90) days prior to the expiration of the first ten (10) year term or
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26 any renewal term,
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2.
The term of this Lease shall be ten (10) years, commencing on the date both
Lessor and Lessee have executed said Lease ("Commencement Date"). Lessee shall have the
right to extend the term of this Lease for five (5) additional terms of five (5) years each. Each
renewal term shall be on the terms and conditions set forth herein. This Lease shall
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n/7 /2001
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LEASE - A SPECIAL PLACE
15.06-140
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In consideration for this lease, Lessee shall pay Lessor as rent an amount equal
2 to five percent (5%) of its gross revenues from admission charges, due and payable on or
3 before the Commencement Date, and on the same date of each month thereafter.
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Payments shall be directed to:
City of San Bernardino
Director of Finance
300 North "D" Street
San Bernardino, CA 92418
Any payment that is late more than (30) days shall be cause for Lessor, in its discretion,
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to terminate this lease under Paragraph 13.
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4.
Lessee shall use the facility as a "hands-on children's museum" and related uses
12 and for no other purpose, Lessee shall be open to the public a minimum of220 days per year.
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5.
Lessee shall be responsible for all utilities, including, but not limited to, gas,
14 electricity, water and telephone service,
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6. Lessee shall be responsible for maintaining the facility in compliance with all
City codes and for keeping the facility in good repair for the duration of the lease, Compliance
with said codes shall be determined by the appropriate City officers and employees. Lessee
shall make no improvements to the facility without City's approval. All signage shall be
subject to City approval.
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imit of $1 ,000,000,00, Copies of said policies shall be delivered to the Development Services
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Lessee shall obtain and maintain statutory workers' compensation insurance,
d public liability and property damage insurance in amounts not less than a combined single
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epartment/Real Property Section and the City's Risk Management Department upon
ommencement Date.
217/2000
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LEASE - A SPECIAL PLACE
15.06-140
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8. Lessee agrees to defend, indemnify, save and hold Lessor, its officers, agents and .
employees, harmless from any claims or suits that may be brought by third persons on account of
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3 personal injury, death, or damage to property, or a property or business or personal interest,
4 arising from any negligent act or omission by Lessee while performing under this Lease,
5 9. Lessee agrees that it will not discriminate against any person in employment or in
6 the providing of services under this Lease on the basis of race, creed, color, sex, national heritage
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7 or physical handicap.
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enter into the facility to inspect without cost.
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12 approval.
13 12, Lessor shall have the right to approve in advance all rates and fees charged for
14 admission to or use of the facility.
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19 Lessee six (6) month's written notice. In such event, Lessor shall reimburse Lessee in the
20 amount of that percentage of its capital expenditures incurred in making improvements to the
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At any time during business hours, Lessor or its agents or representatives may
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Lessee shall neither assign this Lease nor sublet the facility without City's
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Lessor shall have the right to terminate this Lease in each of the following
circumstances:
(a)
At any time during the term of this Lease, without cause, upon giving
21 acility equal to the percentage term then remaining on the Lease. By way of example only,
22 should Lessor terminate this Lease after one-half of the term has passed, Lessor would then be
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iable to reimburse Lessee in an amount equal to fifty percent (50%) of its capital expenditures.
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he amount to be reimbursed by Lessor shall be subject to the review and approval of the Mayor
d Common Council, which approval shall not be unreasonably withheld.
2/712000
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LEASE - A SPECIAL PLACE
15,06-140
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(b) At any time during the term of this Lease upon giving Lessee thirty (30) .
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days written notice in the event of (I) Lessee's breach of a material term of this Lease. (2)
3 Lessee's failure to use the facility in the manner described in Paragraph 4, including, without
4 limitation, a failure to keep the facility open to the public for the specified minimum number of
5 days per year, or (3) the total or partial destruction of the facility by reason of fire, flood,
6 earthquake, or other calamity which renders the facility unsuitable for the uses permitted by this
7 Lease.
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14.
Lessee shall have the right to terminate this Lease upon giving thirty (30) days
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notice in writing to Lessor. In such event, or in the event of a termination under paragraph 13,
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11 Lessee shall remove all of its equipment, furniture and furnishings from the facility.
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The parties understand and agree that this Lease may create a possessory interest
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13 in said property subject to property taxation. Should such property taxation be imposed, Lessee
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agrees to pay such tax. Nothing in this paragraph shall prevent Lessee from challenging the
imposition or amount of said tax through the legally established channels,
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16. Any notice to be given pursuant to this Lease shall be in writing and deposited
with the United States Postal Service and addressed as follows:
To the City: City of San Bernardino
Development Services/Real Property Section
300 North "D" Street
San Bernardino, CA 92418-0001
To A Special Place: Law Offices of Fullerton, Lemann,
Schaefer & Dominick, LLP
215 North "D" Street, First Floor
San Bernardino, CA 92401-1712
Nothing in this paragraph shall prevent the giving of notice by personal service.
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2/7/2000
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LEASE - A SPECIAL PLACE
15.06-140
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IN WITNESS WHEREOF, the parties hereto have executed this Lease on the day and
year set forth at the beginning of this Lease.
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CITY OF SAN BE ARDINO,
a Municipal corpo tion
ATTEST:
A SPECIAL PLACE
CHILDREN'S HANDS-ON MUSEUM,
A California nonprofit public benefit corporation
lJ l\ ,,'
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By:
BOB MILLER, President
~~1 ~./HC/'/l__
~ BIDI''N, Secretary
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By:
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23 AMES F. PENMAN,
24 ity Attorney
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pproved as to form
d legal content
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LEASE - A SPECIAL PLACE
15,06-140