HomeMy WebLinkAbout2005-150
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RESOLUTION NO. 2005-150
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE MAYOR OR HER DESIGNEE TO
EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND A SPECIAL PLACE CHILDREN'S HANDS-ON MUSEUM FOR THE
CODDINGTON LIBRARY BUILDING LOCATED AT PERRIS HILL PARK.
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 or her designee is hereby
authorized and directed to execute on behalf of said City a Lease Agreement with A Special
Place Children's Hands-On Museum for a period of five (5) years, 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 agreement is
rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage
of this resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE MAYOR OR HER DESIGNEE TO
EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND A SPECIAL PLACE CHILDREN'S HANDS-ON MUSEUM FOR THE
CODDINGTON LIBRARY BUILDING LOCATED AT PERRIS HILL PARK.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a joint regulaJ!lleeting thereof, held
on the 6th day of June
Council Members: AYES
ESTRADA x
LONGVILLE X
MCGINNIS -X-
DERRY X
-
KELLEY -L_
JOHNSON X
MCCAMMACK X
,2005, by the following vote, to wit:
NAYS
ABSTAIN ABSENT
~~h~
Rac el G. Clark, City Clerk
The foregoing resolution is hereby approved this lit. ~day of June
2005.
/'.
Approved as to
Form and legal content:
h Valles, Mayor
of San Bernardino
JAMES F. PENMAN,
City Attorney
B~l~
.
2005-150
OR/G/A: :~
LEASE
This Lease Agreement entered into this ~)l day of ~ I (}..OO~ by and
between the CITY OF SAN BERNARDINO, a municipal corporation, hereinafter referred to as
"Lessor", and A SPECIAL PLACE CHILDREN'S HANDS-ON MUSEUM, a California
nonprofit public benefit corporation, hereinafter referred to as "Lessee".
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
minimal cost which will be compatible with the surrounding park use; and
NOW, THEREFORE, the parties hereto agree as follows:
I. Lessor does hereby lease to Lessee and Lessee does hereby lease the facility from
Lessor.
2. The term of this Lease shall be five (5) 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 one additional five (5) year
term subject to mutual written consent.
3. Lessor will provide lessee a grant of $8000 for initial set up cost for museum
operations.
4. Lessor will cover the cost of museum operations in the amount of $20,050 for the
first year of the agreement only. Museum operations include utilities, building
repairs and maintenance, custodial services, security monitoring, telephone, office
supplies, printing, insurance and accounting. Lessor will make monthly payments
of$I,670.83 for twelve months.
5. Lessee may be subject to audit as determined by City.
6. Lessee shall submit a monthly report of activities, revenues and expenditures of A
Special Place Children's Museum to the Director of Parks, Recreation and
Community Services by the 5th day of the following month.
7. In consideration for this lease, Lessee shall pay Lessor by the 1st of each month
$300 rent. Donation to City of museum equipment, displays, etc. can be used to
EXHIBIT "A"
,
l.
,
offset monthly rent at the discretion of the Parks, Recreation and Community
Services Director. The dollar value of donation in lieu of rent is also at the
discretion of the Parks, Recreation and Community Services Director. Any
equipment that may be accepted by City in lieu of rent payment will become
property of City and will be clearly marked and inventoried as such by City. Any
such equipment shall remain at the facility for use by A Special Place for the
duration of the lease.
Payments shall be directed to:
City of San Bernardino
Director of Finance
300 North "D" Street
San Bernardino, CA 92418
8. Lessee shall use the facility as a "hands-on children's museum" and related uses
and for no other purpose. Lessee shall be open to the public a minimum of 220
days per year.
9. Lessee shall be responsible for all utilities, including, but not limited to, gas,
electricity, water, and telephone service. The first year of the agreement lessee
may use lessor's museum operations funding to cover the cost of these expenses.
10. 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.
11. Lessee shall obtain and maintain statutory worker's compensation insurance, and
public liability and property damage insurance in amounts not less than a
combined single limit of $1 ,000,000.00. Copies of said policies shall be delivered
to the Parks, Recreation and Community Services Department and the City's Risk
Management Department upon Commencement Date.
12. 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 personal injury, death, or damage to property, or a property
or business or personal interest, arising from any negligent act or omission by
Lessee while performing under this Lease.
13. Lessor may terminate the Lease with a 30-day written notice of intent with cause.
14. Lessee shall have the right to terminate this Lease upon giving thirty (30) days
notice in writing to Lessor. In such event, or in the event of a termination under
paragraph 13, Lessee shall remove all of its equipment, furniture and furnishings
from the facility.
15. Lessee must remove all personal property with in the time limits of termination
notice from lessee or lessor as appropriate.
16. Lessee agrees that it will not discriminate against any person in employment or in
the providing of services under this Lease on basis of race, creed, color, sex,
national heritage or physical handicap.
17. At any time during business hours, Lessor or its agents or representatives may
enter into the facility to inspect without cost.
18. Lessee shall neither assign this Lease nor sublet the facility without City's
approval.
19. Lessor shall approve in advance all rates, fees and hours and dates of operations
ofthe facility.
20. 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, Lessee 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.
21. 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.
IN WITNESS WHEREOF, the parties hereto have executed this Lease on the day and
year set forth at the beginning of this Lease.
"
,_.)
ATTEST:
BY~Ci~l~
}i BERNARDINO
Approved as to
Form and legal content:
I\. ECIAL PLACE MUSEUM
B~~;QLf)L,
Title &tvJ.. ~ ttilUJ\.1h ~
--vY1~JJ'lJ/m~
JAMES F. PENMAN,
City Attorney
Byr ih-