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HomeMy WebLinkAbout1997-342 . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 97-342 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND DIOCESE OF SAN BERNARDINO EDUCATION AND WELFARE CORPORATION FOR THE BENEFIT OF GUADALUPE CHILD DEVELOPMENT CENTER AT 1633 WEST FIFTH STREET, IN SAN BERNARDINO. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City a lease agreement with the Diocese of San Bernardino Education and Welfare corporation for the benefit of Guadalupe Child Development Center, relating to certain real property at 1633 West Fifth Street, a copy of the lease is attached hereto and made a part hereof. SECTION 2. The authorization to execute the above referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. III III III III III III III III III 10/30/97 I 97-342 RESOLUTION AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH THE DIOCESE OF SAN BERNARDINO EDUCATION AND WELFARE CORPORATION FOR THE BENEFIT OF GUADALUPE CHILD DEVELOPMENT CENTER LOCATED AT ]633 WEST FIFTH STREET 1 2 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 3 Common Council of the City of San Bernardino at a joint regular meeting thereof 4 5 6 7 8 9 10 11 12 13 14 15 16 17 held on the 17th , 19~, by the following vote, November day of to-wit: Council Members: AYES NAYS ABSTAIN ABSENT x NEGRETE x CURLIN x ARIAS x OBERHELMAN DEVLIN x x ANDERSON x MILLER Afulfi/l-nwdtl?/l-;, ~ City Clerk Cl 18 d- The foregoing resolution is hereby approved this~ day of ~lovember , 19 97 . 19 20 21 22 23 24 25 26 27 28 ~./~' , . / rY,fYl l{1. f{P~/\.. / -/ - - TOM MINOR, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, City orney By: 10/30/97 2 . .97 34r . " . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LEASE (GUADALUPE CHILD DEVELOPMENT CENTER) THIS AGREEMENT (Lease), made and entered into this ;2/ day of Nell/l?" A/1A I7Ii ,1997, by and between the CITY OF SAN BERNARDINO, a municipal corporation, hereinafter referred to as "Lessor", and DIOCESE OF SAN BERNARDINO EDUCATION AND WELFARE CORPORATION for the benefit of GUADALUPE CHILD DEVELOPMENT CENTER, a California non - profit 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) Lessor is willing to lease the property to lessee upon the terms and conditions hereinafter set forth. (c) Lessee desires the use of said structure, NOW THEREFORE, the parties hereto agree as follows: 1. Pronerty Leased. Lessor hereby leases to Lessee, and the Lessee hereby leases from Lessor, a structure consisting of three portable classrooms located in the City of San Bernardino, County of San Bernardino, State of California, described as follows: that portion of lot 23, block 24, Ranch San Bernardino, as per plat thereof recorded in book 7 of Maps, page 2, Records of the County Recorder of San Bernardino County, State of California, described as follows: ,--- '973 ,1 S ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Commencing at the northeast corner of said lot 23; thence south along the east line thereof, a distance of 319 feet, more or less, to the north line of the south 320.62 feet of said lot; thence west along said north line, a distance of 129.00 feet to the True point of Beginning; thence continuing west along said north line of the south 320.62 feet of said lot, a distance of 83.50 feet; thence north and parallel with the east line of said lot, a distance of 170.30 feet; thence west and parallel with the north line of said lot, a distance of 56.00 feet; thence north and parallel with the east line of said lot, a distance of 10.00 feet; thence east and parallel with the north line of said lot, a distance of 139.50 feet; thence south a distance of 180.30 feet to the True Point of Beginning. Said property is shown on the attached Exhibit" A" . 2. Use. The leased premises shall be used for a child day care centerlchild development center. Lessee agrees to use the premises for such purposes, and not to use or permit the use of the property for any other purpose unless the Lessor has previously approved such use in writing. Lessee further understands and agrees that there shall be no restriction of admission of children to the center on the basis of race, color, creed, religion, disability, ancestry, sex, or national origin, and Lessee further understands and agrees that there shall be no religious teaching, indoctrination, or reference to religion in any way, manner, or form whatsoever inasmuch as Lessor is a public entity and subject to constitutional prohibitions concerning religious activities. Lessee agrees to conduct its child day carelchild development center in such a manner as to not violate any such constitutional restrictions. Lessee shall not commit, or allow to be committed, any waste or nuisance in the leased premises, nor shall it use or allow the premises to be used for an unlawful purpose. Lessee shall at all times possess all necessary licenses and approvals for the operation of a day care center and shall immediately 2 '97 34<: . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 notify Lessor, through its City Clerk, at any time that such licenses or approvals have been revoked or modified. 3. Term. The term of this Lease shall be for a period of five (5) years commencing July 31, 1997 and terminating on June 30, 2002, unless terminated at an earlier date as provided in Paragraph 8. 4. Lease Payments. Lessee agrees to pay and Lessor agrees to accept as rental for said premises, for the term hereof, a monthly rental of ONE HUNDRED DOLLARS ($100.00) for the first two years. The monthly rent will increase to ONE HUNDRED TWENTY FIVE DOLLARS ($125.00) commencing July 3, 1999. The said payments shall be paid on or before the first Monday of each and every month of the term herein. Payments shall be directed to: City of San Bernardino Finance Department 300 North "D" Street San Bernardino, CA 92418 5. Utilities Lessee shall pay for all electricity, gas, water, telephone service, and all other services and utilities, including service installation fees and charges for such utilities during the term of this Lease. If Lessee desires additional utilities and/or utility services to the premises, Lessee must first obtain written consent from Lessor. All additional utility connections for the facility shall be placed underground. 3 "97 3.12 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6. Taxes/Possessorv 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 premises. During Lessee's possession and use of the leased premises, should any taxes thereon be assessed against Lessor, Lessee agrees to indemnify Lessor thereon. Lessee agrees to, and shall hold harmless, Lessor from any and all liability for any such taxes due by virtue of tenant's leasehold improvements, equipment, furniture, fixtures, or other personal property. 7. Insurance. Lessee agrees to procure and maintain in force during the term of this Lease and any extension, at its own expense, a policy or policies of insurance against loss or damage to the leased premises, appurtenances and permanent equipment, resulting from fire, in a minimum amount of $1 00,000; and from lightning, vandalism, malicious mischief, and such other perils ordinarily defined as "extended coverage" and other perils in a minimum amount of $ 100,000. The fire and extended coverage insurance policy shall name Lessor as an additional insured, and shall contain a provision that loss shall be payable to Lessee and Lessor as their interests may appear. Lessee agrees to procure and maintain in force during the term of this lease and any extension thereof, at its expense, public liability insurance in companies and through brokers approved by Lessor, adequate to protect against liability for damage claims arising in or around the Leased premises in a minimum amount of at least three million dollars ($3,000,000) for each person injured, six million dollars ($6,000,000) in the aggregate, one hundred thousand ($100,000) for property damage. Lessee shall provide to Lessor a certificate of insurance and an additional insured endorsement which provides: 4 97 3 ,f ~ l:i ,'~ . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 " (a) The City of San Bernardino named as an additional insured. (b) The insurance company name, policy number, period of coverage, and the amount of insurance. (c) That the Real Property Section of the Public Works Department 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. Lessee agrees that, if such insurance polices are not kept in force during the term of the lease and any extension thereof, Lessor may have the option to immediately declare this Lease in default, and to terminate said Lease. 8. Termination This Lease shall be terminable at the option of either party upon the service of ninety- (90) days 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. 9. Maintenance and Oneration The Lessee is familiar with the leased premises and has knowledge of the present conditions that exist thereon. Lessee shall, at its own expense, maintain the leased premises and all improvements thereon in good order, condition, and repair. Lessee shall 5 973,12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ln provide or cause to be provided all security services, custodial service, and janitorial service, which are required for the proper care and use of the premises. (a) Licenses. Lessee shall post in a prominent place and manner in the demised premises all business licenses, certificates, a copy of this Lease, and all permits that are required to do Lessee's business in the City of San Bernardino. (b) Vendors. Lessee shall not permit vendors to display wares, materials, or advertisements inside or outside the demised premises unless prior written permission is secured from Lessor and such written permission is posted in a prominent place and manner in the premises. 10 Improvements Lessee shall not make, or suffer to be made, any alterations to the demised premises, or any part thereof, 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, remain as a part of the premises and at no cost or obligation to the Lessor. 11. Make Alterations. Additions. or Chanl!:es ReQuired bv Law If, during the term of this Lease, any law, regulation, or rule requires that an alteration, addition, or other change be made to the demised premises, the parties agree as follows: (a) If the alterations, additions, or changes are required as a result of Lessee's use of the premises, Lessee will make them and bear all expense. (b) If the alterations, additions, or changes are required as a result of the condition or nature of the premises at the time of execution of this Lease, 6 '';ji H2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 and are not caused by use of the premises by Lessee, Lessor will make them and bear all expenses. 12. Default In the event Lessee is in default in the payment of rentals or other charges hereunder or is otherwise in breach of its covenants or obligations hereunder, and such default exists for a period of thirty days after notice from Lessor to Lessee of such default, Lessor shall have the right and privilege of terminating this Lease and declaring the same at an end, and of entering upon and taking possession of said premises, and shall have the remedies now or hereafter provided by law for recovery of rent, repossession of the premises and damages occasioned by such default. If such default should occur then Lessor shall have the right to take possession of and appropriate to itself without payment therefor, any property of Lessee or anyone claiming under it, then remaining on said premises. 13. Inspections Lessor, its agents, officers, or employees may enter upon the demised premises at such reasonable times during Lessor's normal business hours as it deems necessary for the purpose of inspection of the premises to determine whether the terms and conditions of this Lease are being performed and kept by Lessee. 14. Effect of Lessor's waiver. Lessor's waiver of breach of any term, covenant, or condition of this Lease is not a waiver of breach of any other, nor of any subsequent breach of the one waived. 7 '~i 3.i Z 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 15 Non- Discrimination. Lessee hereby covenants by and for itself, its successors, executors, administrators, and assigns, all persons under or through it, and this Lease is made and accepted upon and subject to the following conditions: That there shall be no discrimination against or segregation of any person or group of persons, on account ofrace, color, creed, religion, disability, sex, national origin, or ancestry, in the leasing, sub-leasing, transferring, use occupancy, tenure, or enjoyment of the premises herein leased nor shall the Lessee itself, or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy, oftenants, lessees, subleasess, subtenants, or vendees in the premises herein leased. 16. Assil!:Uments. Lessee shall not assign this lease or sublet the said premises or any part thereof without obtaining the prior written consent of the Lessor. 17. Validitv. If anyone or more of the terms, provisions, promises, covenants, or conditions, of this Lease shall, to any extent, be adjudged invalid, unenforceable, void, or voidable for any reason whatsoever by a court of competent jurisdiction, each and all the remaining terms, provisions, promises, covenants, and conditions of this Lease shall not be affected thereby and shall be enforceable to the fullest extent permitted by law. 18. Lease Applicable to Successors. Etc. This Lease and the terms, covenants, and conditions hereof apply to and are binding on the successors, executors, administrators, and assigns of the parties hereto. 8 ,". .~1 342 II { 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 19. Lease Breached bv Lessee's Receivership. Assimment for the Benefit of Creditors. Insolvencv. or Bankruptcv. Appointment of a receiver to take possession of Lessee's assets, Lessee's general assignment for benefit of creditors, or Lessee's insolvency or taking or suffering action under the Bankruptcy Act is a breach of this Lease and shall terminate same. 20. Eminent Domain. If the whole of the leased premises, or so much thereof as to render the remainder unusable for the purpose for which the same was leased, shall be taken under the power of eminent domain, then this Lease shall terminate as of the date possession shall be so taken. If less than the whole of the leased premises shall be taken under the power of eminent domain, and the remainder is usable for the leased purpose, then this Lease shall continue in full force and effect and shall not be terminated by virtue of such taking and the parties may waive the benefit of any law to the contrary, in which event there shall be partial abatement of the rent hereunder in an amount equivalent to the prorated use of the remaining premises. Any award made in eminent domain proceedings for the taking of damaging of the leased premises in whole or in part shall be paid to the Lessor (together with any other money which shall be or may be made available for such purpose). 21. Indemnification and Hold Harmless. Lessee shall indemnify and hold harmless Lessor, its elective and appointive boards, commissions, officers, agents, and employees from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage which may arise from Lessee's operations under this Lease, whether such operations be by Lessee or by anyone or more persons directly or indirectly employed by or acting as agent for 9 -c. r'1 ~ I 342 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Lessee. Lessee agrees to and shall defend Lessor and its elective and appointive boards, commissions, officers, agents, and employees from any suits or actions at law or in equity for damages caused, or alleged to have been caused, by reason of any of Lessee's operations under this Lease. 22. Amendment. This Lease may be amended or modified only by written agreement signed by both parties hereto. Failure on the part of either party to enforce any provision of this Lease shall not be construed as a waiver of the right to compel enforcement of such provision or provisions, nor act to release any party from its obligations under this Lease. 23 Notices. All notices given in connection with this Lease shall be in writing and delivered in person or sent by certified mail, postage prepaid, addressed as follows: LESSOR City of San Bernardino Public Works Department Real Property Section 300 North "D" Street San Bernardino, CA 92418 LESSEE Diocese of San Bernardino Education &Welfare Corp 1201 East HigWand Avenue. San Bernardino, Ca 92404 24 Time of Essence. Time is of the essence herein. 25. Compliance with Laws. Lessee shall not violate, nor allow the violation of, any law of the City, State or Federal governments or rules of the City, in conducting its operations under this Lease. ]0 ,. 97 3.12 .' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 26. Ootion to Renew If Lessee has fully performed all of the terms, conditions, and covenants of this Lease for the lease term hereof, then Lessee shall have the option to renew this Lease for an additional five (5) year period after the expiration of the term of this Lease. Said renewal shall be at a total rent to be negotiated by the Lessor and Lessee, but at a rate no less than the rent payment at the end of the term plus twenty-five percent (25%). To exercise the option to renew, Lessee must give Lessor written notice of Lessee's intention to do so at least one hundred-twenty (120) days prior to the expiration of this Lease. 27. Covenants There are no covenants or warranties other than those expressed in this Lease. 28. Entire Al!:reement. This agreement constitutes the entire Agreement between the parties and may be modified only by further written agreement between parties, 29. Attomevs' Fees. The prevailing party in any legal action to enforce or interpret any provision of this Lease will be entitled to recover from the losing party all attorneys' fees, court costs, and necessary disbursements 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. II . , . "~)7 ~/t 8 l- I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN WITNESS WHEREOF, the parties have executed this Lease on the day and year set forth at the beginning of this Lease. Approved as to form and legal content James F. Penman, City orney CITY OF SAN BERNARDINO By ~7 C )/ LIAIA~>~ TO MINOR, Mayor ATTEST: ByKP.dit~ ct()~ RACHEL CLARK. City Clerk J:j vJa,n {'fA fJv ~{p dm (t/) ~ DIOCESE OF SAN BERNARDINO EDUCATION AND WELFARE CORPORATION for the benefit of GUADALUPE CHILD DEVELOPMENT CENTER. 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