HomeMy WebLinkAbout1992-126
1 RESOLUTION NO. 92-126
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH
3 A SPECIAL PLACE FOR USE OF THE CODDINGTON BRANCH LIBRARY BUILDING
AS A CHILDREN'S MUSEUM.
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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 A Special Place, a copy of which is
9 attached hereto marked Exhibit" A" and incorporated' herein by
10 reference as fully as though set forth at length.
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SECTION 2.
The authorization to execute the above-
12 referenced agreement is rescinded if the parties to the agreement
13 fail to execute it within sixty (60) days of the passage of this
14 resolution.
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH A
2 SPECIAL PLACE FOR USE OF THE CODDINGTON BRANCH LIBRARY BUILDING
FOR A CHILDREN'S MUSEUM.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a regular
meeting thereof, held on the 6th
day of
April
, 1992, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA X
REILLY X
HERNANDEZ X
MAUDSLEY X
MINOR x
POPE-LUDLAM x
MILLER X
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The foregoing resolution is hereby approved th~. q~h day
of
Of flJ
-~-
, 1992.
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Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
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San Bernardino
OFFICE
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THE
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ADM I N 1ST R -"A~ TOR
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SHAUNA CLARK
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April 9, 1992
Ms. Terry Field, Museum Director
A Special Place
2296 North Arrowhead Avenue
San Bernardino, California 92405
Dear Ms. Field:
At the meeting of the Mayor and Common Council held April 6, 1992,
the lease agreement between the City of San Bernardino and A
Special Place for use of the Coddington branch library building as
a children's museum was approved. A copy is attached for your
reference.
Based on the lease, the first rental payment is due on June 30,
1992. Your check, made payable to the City of San Bernardino,
should be forwarded to:
Andrew Green, Director of Finance
City of San Bernardino
300 North "D" Street
San Bernardino, California 92418
In accordance with instructions from Richard Morillo, senior
Assistant City Attorney, A Special Place will submit a statement on
June 30, 1992 stating that no payment is due if gross revenues from
admissions have not exceeded the initial expenditures for the
upgrade of the facility which is estimated to be $20,000. The
statement should be accompanied by evidence of the amount spent on
the initial improvements, such as a written agreement with a
licensed contractor. Please note that under the lease any work on
the building requires City approval, and the contractor must bring
the facility into compliance with all City codes and obtain all
necessary permits.
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714 384.5122
PRIDE .t
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Ms. Terry Field
April 9, 1992
Page 2
statutory workers' compensation insurance and public liability and
property damage insurance in amounts not less than a combined
single limit of $1,000,000 shall be maintained. Copies of said
policies shall be delivered to:
victor Lorch, Director of Risk Management
City of San Bernardino
300 North "D" Street
San Bernardino, California 92418
prior to the opening of the museum facility.
sonitrol was contacted by our Facilities Management Department and
the alarm system was re-activated for this facility. Enclosed is
a card with the code number for entry into the building. This
service must be transferred from the city's name. Please contact
Mr. Bert Murphy, Facilities Manager at 384-5244 to make
arrangements for this change.
It is understood that landscape maintenance for this facility will
be provided by the Department of Parks, Recreation and Community
Services.
Two keys to the facility are being given to you along with this
letter which we ask that you acknowledge as having been received.
If you have any questions, please contact us.
Sincerely,
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?SrlAilNA CLARK
City Administrator
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:~HARD MC::O ':
Senior Assistant City
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Attorney
SCjdjn
cc: Andrew Green, Director of Finance
victor Lorch, Director of Risk Management
Bert Murphy, Facilities Man~ger
Rachel Krasney, City Clerk/
Verne Nadeau, Real Property Supervisor
Annie Ramos, Director of Parks, Recreation & Community
Services
.
Ms. Terry Field
April 9, 1992
Page 3
I hereby acknowledge receipt of two (2)
Branch Library building and a card from
security access code for this facility.
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Terry l}eld
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keys to the Coddington
Sonitrol containing the
A/ ;/- / 7--
Date
City of S. BdnoRes. 92-126 adopted 4/6/92
1 LEASE AGREEMENT
2 This Lease Agreement entered into this 6th day of
3 April, 1992 by and between the CITY OF SAN BERNARDINO, a Charter
4 City of the State of California ("City"), and A SPECIAL PLACE, a
5 California Non-profit Corporation ("Special Place").
6 WITNESSETH
7 WHEREAS, CITY has certain property known as the Coddington
8 Library Building located in Perris Hill Park ("the facility")
9 which it has available for a beneficial public use; and
10 WHEREAS, SPECIAL PLACE is willing to provide a service to
11 the residents of the City at a minimal cost which will be
12 compatible with the surrounding park use; and
13 WHEREAS, SPECIAL PLACE is willing to spend approximately
14 $20,000 to upgrade the building that is the subject of this Lease;
15 NOW, THEREFORE, the parties hereto agree as follows:
16 1. CITY does hereby lease to SPECIAL PLACE and SPECIAL
17 PLACE does hereby lease the facility from CITY.
18 2. This lease shall expire on April 6, 2002, or at such
19 earlier time as provided elsewhere herein.
20 3. In consideration for this lease, SPECIAL PLACE shall pay
21 CITY as rent an amount equal to five percent (5%) of its gross
22 revenues from admission charges; provided, that an amount equal to
23 SPECIAL PLACE'S initial expenditures to upgrade the facility
24 (estimated to be $20,000) shall be excluded from its gross
25 revenues for the purpose of determining the rent to be paid to
26 City. The first payment shall be due on June 30, 1992, and
27 subsequent payments shall be due on September 30th, December 31st,
28 March 31st, and June 30th of each year. Payments shall be
RJM:ms[place.agm] 1
Res. 92-126
1 submitted to the Director of Finance. Any payment which is late
2 more than (30) days shall be cause for CITY, in its discretion, to
3 terminate this lease under Paragraph 13.
4 4. SPECIAL PLACE shall use the facility as a "hands-on
5 children's museum" and related uses and for no other purpose.
6 SPECIAL PLACE shall adhere to the Operations Plan attached as
7 Attachment A regarding (a) the nature of the use, and (b) days and
8 hours of operation. SPECIAL PLACE shall be open to the public a
9 minimum of 220 days per year. Any change in the Operations Plan
10 shall be subject to prior CITY approval.
11 5. SPECIAL PLACE shall be responsible for all utilities,
12 including, but not limited to, gas, electricity, water, and
13 telephone.
14 6. SPECIAL PLACE shall be responsible for bringing the
15 facility into compliance with all City codes prior to opening the
16 facility and for maintaining the facility in good repair for the
17 duration of this lease. Compliance with said codes shall be
18 determined by the appropriate City officers and employees.
19 SPECIAL PLACE shall make no improvements to the facility without
20 City's approval. All signage shall be subject to City approval.
21 7. SPECIAL PLACE shall obtain and maintain statutory
22 workers' compensation insurance, and public liability and property
23 damage insurance in amounts not less than a combined single limit
24 of $1,000,000.00. Copies of said policies shall be delivered to
25 Ci ty' s Risk Management Department prior to opening the museum
26 facility.
27 8. SPECIAL PLACE agrees to defend, indemnify, save and hold
28 CITY, its officers, agents and employees harmless from any claims
RJM:ms[place.agm] 2
Res. 92-126
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or suits that may be brought by third persons on account of
personal injury, death, or damage to property, or a property or
business or personal interest, arising from any negligent act or
omission by SPECIAL PLACE while performing under this Lease
Agreement.
9. SPECIAL PLACE agrees that it will not discriminate
against any person in employment or in the providing of services
under this Lease Agreement on the basis of race, creed, color,
sex, national heritage or physical handicap.
10. At any time during business hours CITY or its agents or
representatives may enter into the facility to inspect without
cost.
11. SPECIAL PLACE shall neither assign this Lease nor
sublet the facility without City's approval.
12. CITY shall have the right to approve in advance all
rates and fees charged for admission to or use of the facility.
13. CITY shall have the right to terminate this Lease in
each of the fOllowing circumstances:
a. At any time during the term of this Lease,
wi thout cause, upon giving SPECIAL PLACE six (6)
month's written notice. In such event, CITY shall
reimburse SPECIAL PLACE in the amount of that
percentage of its capital expenditures incurred in
making improvements to the facility equal to the
percentage term then remaining on the lease. By way
of example only, should CITY terminate the lease at
the end of five (5) years, CITY would then be liable
to reimburse SPECIAL PLACE in an amount equal to fifty
RJM:ms[place.agm] 3
Res. 92-126
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percent (50%) of its capital expenditures. The amount
to be reimbursed by CITY shall be subject to the
review and approval of the Mayor and Common Council,
which approval shall not be unreasonably withheld.
b. At any time during the term of this Lease
upon giving SPECIAL PLACE thirty (30) days written
notice in the event of (1) SPECIAL PLACE'S breach of
a material term of this Lease, (2) SPECIAL PLACE'S
failure to use the facility in the manner described in
Paragraph 4, including, without limitation, a failure
to keep the facility open to the public for the
specified minimum number of days per year, or (3) the
total or partial destruction of the facility by reason
of fire, flood, earthquake, or other calamity which
renders the facility unsuitable for the uses permitted
by this Lease.
14. SPECIAL PLACE shall have the right to terminate this
Lease upon giving thirty (30) days notice in writing to CITY. In
such event, or in the event of a termination under paragraph 13,
SPECIAL PLACE shall remove all of its equipment, furniture and
furnishings from the facility.
15. The parties understand and agree that this lease may
create a possessory interest in said property subject to property
taxation. Should such property taxation be imposed SPECIAL PLACE
agrees to pay such tax. Nothing in this paragraph shall prevent
SPECIAL PLACE from challenging the imposition or amount of said
tax through the legally established channels.
16. Any notice to be given pursuant to this Lease Agreement
RJM:ms[place.agm] 4
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Res. 92-126
shall be in writing and deposited with the United States Postal
Service and addressed as follows:
To the CITY
To A SPECIAL PLACE
City Administration
City of San Bernardino
300 North "D" Street
San Bernardino, California 92418
by personal service.
Nothing in this paragraph shall prevent the giving of notice
IN WITNESS WHEREOF, the parties hereto have executed this
Lease Agreement on the day and date first above shown.
ATTEST: G~~
RaChel Krasney
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
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THE CITY OF
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A SPECIAL PLACE
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City of 5 Bdno Res. 92-126 adopted 4/6/92
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Chlldrcr1's HaYlds - OYl
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Museum
April 1, 1992
Richard J. Morillo
Sr. Assistant City Attorney
City Attorney's Office
300 North "D" St.
San Bernardino, Ca. 92418
Regarding: OPERATIONS PLAN
"A SPECIAL PLACE", Childrens Hands-on Museum
"A SPECIAL PLACE", Childrens Hands-on Museum has been established in
the City of San Bernardino for the purpose of offering educational
hands-on experiences to children. Through our exhibits children
learn about the world they are living in; build self-esteem; are
allowed to be creative; satisfy their curiosity; develop and improve
social skills; interact with other children and adults; learn to make
their own decisions and accept responsibili ty for those decisions.
"A SPECIAL PLACE" will continue to offer this service to low income
families; disabled children and adults and families of all ethnic
backgrounds. Our exhibi ts are designed and buil t to allow disabled
children the opportuni ty to participate side by side wi th non-
disabled children. All children must be accompanied by an adult.
The museum is opened a minumun of 220 days a year. Normal hours are
9:00 am to 1 :00 pm, however we have extended hours for groups who
make reservations and are unable to visit during the normal bours. A
small admission is paid by visitors with groups receiving a discount.
"A SPECIAL PLACE" is governed by a Board of Directors who meet once a
month.
"A SPECIAL PLACE" does not discriminate when soliciting for board
members, volunteers, employees and visitors.
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Terry Field
Museum Director
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