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HomeMy WebLinkAbout1988-080 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 J': ," '';'J~;:, J:_:;;!!!!"#.~ ~~"~;,' --.T.'i' ;-'<->~5"'~i:'"'~>; '-",: '~-'".: ~-<:.\~~ ,?,.o-'~;;'~'~:r~,:,;f.:.. .l'f." ;,N'.' " ~tr RESOLUTION NO. 88-80 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LEASE WITH THE CITY OF SAN BERNARDINO, THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, AND THE YOUNG WOMEN'S CHRISTIAN ASSOCIATION OF SAN BERNARDINO, RELATING TO LEASE OF SPACE. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor is hereby authorized and directed to execute on behalf of said City a Lease with the City of San Bernardino, the Redevelopment Agency of the City of San Bernardino, and the Young Women's Christian Association of San Bernardino, relating to the lease of space, which lease is attached hereto, marked Exhibit nAn, and incorporated herein by reference as fully as though set forth at length. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on , 1988, by the following vote, rAgt11 ~r the 7th day of Mrlrrh to wit: AYES: Counc il Member s Estrada. Flores. Maudslev M~1l0r,: Pope-Ludlam, Miller NAYS: None ABSENT: Council Members Reilly ~_"H ~fi?J(//Aw /" City Clerk / / / / / / 1 'N " !'1_'. <:.' ..,,~:' For agreEment with YWCA , . ,..,....." --:.~~:~,,' . ::~.'Jf.J '~"'~..J::: :.+-{~'~" ".' ;-.., .'~, 1 The foregoing resolution is hereby approved this teL 2 day of 3 4 5 6 7 8 Mnrch Approved as to form and legal content: ~~~ C Attorney 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ~ " " r, " r; 2 YWal .QUNG WO,,<N S 167NORTH51ERRAWAY. 5ANBE.ru!JS[iW"\Ei~t"'LIF()RN1A~:i410 . TELEPHONE (714) 889-9536 r"RIl)'.IA~~ I\SSOCI,:!,TIO"1 "88 P,PR 25 A9 :01pril 19, 1988 Ms. Shauna Clark City Clerk City of San Bernardino P.O. Box 1318 San Bernardino, CA 92402 Dear Ms. Clark: Please excuse our delay in responding to your letter of March 17, 1988. As I believe you are aware, I left on a two-week vacation when your letter and the proposed written,. Lease arrived, and it is only now that my Board has had an opportunity to consider the "Lease" enclosed with your letter. As we have previously indicated to both the City of San Bernar- dino and its Redevelopment Agency, in our opinion and that of our legal counsel we have an existing 50-year lease at $1.00 per year rent. It is only the details which are in question. That position was quite clearly set forth in my letter to Councilperson Estrada dated January 12, 1988, copies of which letter were circulated to all other councilpersons and the Mayor and Jim Penman, City Attorney. My Board of Directors has directed me to advise you that the written clarification of our Lease set forth in the enclosure with your March 17; 1988, letter is unacceptable. The paragraph appear- ing between lines 11 and 18 on page 6 of that "Lease" would enable the City or Redevelopment Agency to establish any insurance limits whatsoever and, if the Y.W.C.A. did not agree to such limits, result in a termination of our 50-year lease in as little as 4-1/2 months. This is totally inconsistent with all evidence of the terms of our Lease. We are more than willing to talk in good faith to determine the specific provisions of our lease with the City and are even willing to make some modifications to accommodate the present needs of the City. The real source of the present problem is the fact that the City and Redevelopment Agency seem to believe that it is necessary for them to increase the liability insurance limits far beyond anything contemplated when the lease with the Y.W.C.A. was initiated in the 1970's. All forms of that lease indicated insur- ance limits of a few hundred thousand dollars. Neither the six million insurance limits being discussed by the City nor the pos- sibilityfor the City or the Redevelopment Agency increasing the insurance limits to an unlimited amount (as indicated in the objectionable paragraph on page 6 of the proposed Lease document) are within the realm of reasonable interpretation of the original lease with the Y.W.C.A. ;.1) F..'.:L .~ Ms. Shauna Clark -2- April 19, 1988 The Y.W.C.A. does stand prepared to sign an appropriate recon- struction of our original lease or to purchase the subject property along the lines previously proposed by the Redevelopment Agency. :;:: ;:Y;L~ Lynda K. Savage, President , t , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ", LEA S E .r')L 1/, f ~ t' i ;1' rf, . I '. (. i ,I"' .;,Y v f ....... ~ '\"1-< i I. .' lU"~ . I ~ . fP~ ,./V"r ~~f~1~~~&::.t.v into this ; 7' ['f/ciay gflf,) ~ (YWCA) THIS LEASE is made and entered , 1988, by and between the CITY OF SAN BERNARDINO, a municipal corporation of the State of California, and the REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, a public agency, both as their interests shall appear, hereinafter both called -Lessor-, and the YOUNG WOMEN'S CHRISTIAN ASSOCIATION of San Bernardino, California, a corporation, hereinafter called -Lessee-. WITNESSETH: 1. Lessor for and in consideration of the rental payments to be made, and the covenants and agreements to be kept and performed, by and on the part of Lessee as hereinafter set forth and contained, does hereby lease to Lessee for the term and uses and purposes hereinafter stated, those parcels of land described on Exhibit -A- attached hereto and incorporated herein. 2. This Lease is, and shall be, for the term and period of fifty (50) years from and including the first day of January, 1976, to and including the 31st day of December, 2025. 3. As rental for the parcel of land hereby leased, and the occupancy, use and enjoyment thereof, Lessee shall pay to Lessor 23 24 25 the yearly rental of One Dollar ($1.00) per year for each and every year of the term of this Lease, which rental shall be paid annually in advance. 26 27 4. Plans and specifications for all improvements to the 28 real property shall be prepared by the Lessee at its expense~ 1 ~ 1 said plans, specifications and all improvements shall be subject 2 to the approval of the Planning Director and the Director of 3 Parks, Recreation and Community Services Department of the City 4 of San Bernardino. Each set of the said plans and specifications 5 will be identified by the signature of the Director of Public 6 Works of the City of San Bernardino and the signature of a 7 representative of Lessee~ one of which sets of plans and 8 specifications will be delivered promptly to Lessor. 9 Furthermore, the Lessee shall at its own expense landscape, 10 beautify, plant and maintain the entire available area of the 11 leased premises, subject to the approval of the Planning Director 12 and Parks, Recreation and Community Services Director of the City 13 of San Bernardino. 14 Lessee shall furnish or cause to be furnished all material, 15 equipment, labor and supervision to complete the construction of 16 all improvements to the leased premises according to said plans 17 and specifications, and all construction and work therein 18 specified shall be in accordance with the provisions of the 19 ordinances and laws of the City of San Bernardino and any other 20 governmental authority applicable thereto. In the event of 21 conflict between any of such specifications and any of such 22 ordinances or laws, Lessee shall be governed by and comply with 23 such ordinances or laws insofar as they conflict with such 24 specifications but shall not otherwise deviate from said 25 specifications. 26 During the construction of any improvements an engineer or 27 architect designated by the Lessor, or his duly appointed 28 2 , . 1 representatives, shall have complete access to the site, 2 structures, improvements and equipment. Lessee shall designate 3 some responsible person to be in charge of said construction who 4 will be available to confer with such engineer or architect. 5 Any amendments to the approved plans and specifications or 6 change orders relating to the building and landscaping projects 7 for the leased premises, and the construction and maintenance 8 thereof by the Lessee, shall be subject to the prior written 9 approval of the Planning Director and Parks, Recreation and 10 Community Services Director of the City of San Bernardino. 11 5. Lessee covenants and agrees with Lessor as follows: 12 (a) That Lessee will not use said premises for any 13 unlawful purposes. 14 (b) That Lessee will pay rent as above specified. 15 (c) That Lessee will use said premises in a careful and 16 proper manner. 17 (d) That Lessee will comply with such lawful requirements 18 of state, municipal and public authorities as relate to its use 19 and occupancy of said premises. 20 (e) That Lessee will maintain said premises and 21 improvements and make all replacements and repairs necessary to 22 said premises and improvements during the term hereof, ordinary 23 wear and tear excepted. 24 (f) That Lessee will permit Lessor to examine said 25 premises during usual business hours. 26 (g) That Lessee will pay for all gas, electricity, light, 27 heat, power, water and other service or utility used on or 28 supplied to said premises. 3 ~ 1 (h) That Lessee will not commit or suffer or permit any 2 waste of the leased premises, or any building or buildings placed 3 on the leased premises by Lessee. ' 4 Ci) That Lessee will at all times maintain the leased 6 premises and any such building or buildings in a neat and orderly 6 condition. 7 Cj) That Lessee will at all times keep the leased premises 8 free and clear of mechanic's liens that might arise out of making 9 any repairs or improvements on said premises by Lessee. 10 (k) That Lessee will pay all real and personal property 11 taxes of any character or description including both those on the 12 possessory and reversionary interests, assessed by any taxing 13 authority on the leased premises at any time during the term of 14 the Lease7 and 15 (1) That Lessee will be responsible for and pay any and 16 all costs of the management, maintenance, and repair of the 17 leased premises including any improvements placed thereon and for 18 all utilities used in the operation, use or occupancy of said 19 premises. 20 6. Said YWCA building and improvements currently upon the 21 said premises or to be erected in the future shall be used for 22 recreational, cultural and educational activities for the benefit 23 of YWCA members and the residents of the City of San Bernardino. 24 All buildings and improvements which now exist.or.may during the 25 term of the Lease be erected on the leased premises by Lessee 26 shall immediately become part of the leased property and may not 27 be removed therefrom. Lessee covenants and agrees that it will ~ 4 , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~ ~ 24 ~ 26 27 28 , keep the leased premises free from laborers' and materialmens' liens and that it will fully pay and discharge all labor and materialmens' bills arising from construction, repair or . L!. alteration work done by it, and will hold Lessor and the above :; . described property harmless from any and all demands and claims which mayor could ripen into liens. The Lessor shall at all times have the right to enter upon the leased premises and to post and maintain notices thereon of non-responsibility for the cost of any construction, alteration or repair by Lessee of any structures or improvements at any time upon said premises. 7. Lessee shall at all times on and after the date on which the term of this Lease commences, and at its own expense, keep all of the improvements on the leased premises insured against loss or damage by fire and other risks covered by standard extended coverage endorsement, and by vandalism and malicious mischief, and insured against loss or destruction due to shock or earthquake, and war damage (when procurable) in an amount equal to not less than the replacement cost of such improvements. That Lessee will procure and maintain in force during the term of this Lease an insurance policy or policies insuring Lessor and its officers, employees and agents against public liability and property damage in the amount of One Million Dollars ($1,000,000) Combined Single Limit. All insurance shall be carried with insurance companies approved by Lessor and licensed to do business in the State of California. A renewal policy shall be procured not less than ten (10) days prior to the expiration of any such pOlicy. The policies of insurance as above provided or certificates of the 5 , 1 insurers evidencing insurance carried on or respecting the 2 premises hereby leased shall be forthwith deposited with Lessor, 3 and Lessor and Lessee shall be named as joint assureds by said 4 policies during the full term of this Lease. Such policies or 5 certificates shall provide that such insurance may not be 6 cancelled or reduced in coverage without thirty (30) days' 7 written notice to Lessor. All insurance shall be at the sole 8 cost of Lessee. The policies shall cover for accident or damage 9 on or in the premises, sidewalks in front thereof, entrance-ways 18 and other areas in the control or use of the Lessee. 11 It is further agreed that following ninety (90) days after 12 the date of this lease the parties may negotiate a change in the 13 insurance limits outlined in this paragraph. Written notice from 14 one party to the other shall initiate such negotiations. Unless 15 the parties agree to an extension, the failure of the parties to 16 reach an agreement on such a change within forty-five (45) days 17 of such written notice shall act to automatically terminate this 18 lease. 19 Any sublessee for day care services which sublease is 20 approved and entered into pursuant to paragraph 15 hereof or 21 otherwise, shall provide an additional insurance policy or 22 pOlicies insuring Lessor and its officers, employees and agents 23 against public liability and property damage in the amount of One 24 Million Dollars ($1,000,000) Combined Single Limit. 25 8. Lessee shall, at Lessee's expense obtain all necessary 26 permits and licenses for the construction of such improvements, 27 give all necessary notices and pay all fees and taxes required by 28 law. 6 .. 1 9. Notwithstanding any law now in force or hereafter 2 enacted, this Lease shall not terminate or be affected in any 3 manner, except as herein otherwise provided, by reason of the 4 damage to, or total or substantial or partial destruction of any 5 building currently or hereafter erected upon the leased premises, 6 or by reason of the untenantability of the leased premises or any 7 part thereof. 8 I I I 9 I I I 10 I I I 11 III 12 I I I 13 I I I 14 III 15 I I I 16 I I I 17 I I I 18 I I I 19 I I I 20 III 21 I I I 22 III 23 III 24 III 25 III 26 III 27 III 28 .pa , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ~ 21 ~ ~ 24 ~ '. 26 27 ~ Should the whole or any part of said building at any time be partially or totally destroyed by any cause during the term of this Lease, such building may at Lessee's option to be exercised by written notice to Lessor within thirty (30) days after such partial or total destruction, and at its own expense, be restored or repaired by Lessee, or replaced by it, with a modern building of equal or greater value and suitable to the same needs of Lessee. In the event such option is so exercised, Lessee shall so proceed and the proceeds of any fire or property damage insurance shall be available to Lessee for use by Lessee in such amount as may be necessary for the purpose of clearing, repairing or removing damage or restoring or rebuilding the building, and Lessee shall have the right and authority to adjust losses and execute proofs of such losses in the name of Lessor, Lessee, or both. In the event Lessee shall fail to exercise its option to restore or repair or rebuild as herein provided, or to communicate notice of such election in writing to Lessor, all such insurance proceeds received on account of such destruction or damage shall belong to and be delivered to Lessor. In such event Lessor may terminate this Lease without further notice to Lessee. 10. At the expiration of this Lease, the Lessee agrees that the Lessor shall have the right to enter into and upon the land and premises, and repossess itself thereof, and that all buildings, structures and improvements of whatever kind and nature erected upon said land during the life of this Lease shall revert to the Lessor and become its property in fee simple 7 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 , without process of law. Notwithstanding anything to the contrary provided herein, Lessee shall have the right to remove from said premises all personal property and equipment used by it during the term of this Lease. At the end of the Lease term hereof or any extension hereof, or upon any termination hereof, Lessee agrees to vacate the premises and to leave same in good condition, reasonable wear and tear excepted. 11. In the event of the commencement, prosecution or consummation during the term of this Lease of any condemnation proceedings or proceedings in eminent domain covering, touching, or affecting all or any part of the leased property, the award payable on account of such taking or condemnation shall be payable to Lessor and Lessee in such proportions as the parties may agree upon or as may be determined in any such condemnation or eminent domain proceedings. In the event a part of the premises are taken this Lease shall continue in force and effect 17 as to that part of the premises not taken. 18 12. Building, improvement and landscaping plans and 19 specifications, the location and size of buildings, structures 20 and improvements and the type of construction, style of 21 architecture, and materials to be used in such buildings, 22 structures or improvements, shall be sUbject to the approval of 23 the Lessor as hereinabove set forth. 24 13. Lessor reserves the right to grant such easements or 25 establish such rights of way over, under, along and across said 26 leased premises for utilities, thoroughfares or access as it may 27 deem advisable for the public good. 28 8 ~ 1 14. Except for reasonable janitorial and maintenance 2 costs, Lessee agrees to provide free use of available rooms and 3 other facilities on the premises to Lessor at such times and 4 under such conditions as Lessee and Lessor shall jointly 5 determine to be reasonable. 6 15. The Lessee covenants not to sublet the demised 7 premises or any part thereof, nor to grant any concession to be 8 operated on the demised premises, nor to assign, hypothecate, 9 mortgage, make over or encumber this Lease, or the term of the 10 leasehold hereby created or any portion of the Lease of the 11 herein demised premises, without having first obtained the 12 written consent of the Lessor. 13 No person, persons, firm or corporation shall acquire, in 14 any manner, any right to this Lease, or the term hereby created, 15 or to the premises herein demised by the Lease, through any act, 16 or acts of the Lessee, without having first obtained the written 17 consent of the Lessor. 18 Lessee may rent or sublet space or rooms in the buildings 19 erected on the leased premises for recreational, cultural and 20 educational purposes to civic groups and organizations, providing 21 the schedules of rental rates for said room are approved by the 22 Administrative Officer of Lessor. 23 16. The demised premises shall be used by Lessee without 24 discrimination as to race, color, creed, religion or nationality. 25 17. In the event (a) that Lessee shall default in the 26 performance or fulfillment of any covenant or condition herein 27 contained on its part to be performed or fulfilled and shall fail 28 9 ~ 1 to cure such default within thirty (30) days following the 2 service on it of a written notice from Lessor specifying the 3 default or defaults complained of and the date on which its 4 rights hereunder will be terminated as hereinafter provided if 5 such default or defaults is or are not cured, or Cb) that Lessee 6 shall file a voluntary petition in bankruptcy, or Cc) that Lessee 7 shall be adjudicated a bankrupt, or Cd) that Lessee shall make a 8 general assignment for the benefit of creditors then, and in 9 either or any of said events, Lessor may at its option, without 10 further notice or demand upon Lessee or upon any person or 11 persons claiming by, through or under Lessee, immediately cancel 12 and terminate this Lease and terminate each, every and all rights 13 of Lessee and of any and all persons claiming by, through or 14 under Lessee, in or to the leased premises and in or to the 15 further possession thereof, in which event the leased premises 16 shall immediately revert to the Lessor, together with any and all 17 improvements placed thereon and Lessor may thereupon enter into 18 and upon the leased premises and repossess the same and expel 19 Lessee and any and all persons claiming by, through or under 20 Lessee. The rights and remedies of Lessor, as hereinabove set 21 forth, are cumulative only and shall in no way be deemed to limit 22 any of the other provisions of this Lease or otherwise to deny to 23 Lessor any right or remedy at law or in equity which Lessor may 24 have or assert against Lessee under any law in effect at the date 25 hereof or which may hereafter be enacted or become effective, it 26 being the intent hereof that the rights and remedies of Lessor, 27 as hereinabove set forth, shall supplement or be in addition to 28 10 T~ ~ 1 2 3 4 18. Lessor reserves, and shall always have the right to 5 enter said premises for the purpose of viewing and ascertaining 6 the condition of the same and for the purpose of operating and 7 maintaining pipelines on said premises and for the purpose of 8 making repairs to or developing the water system of Lessor, or to 9 protect its interests in the premises or to inspect the 10 operations conducted on said premises. The Lessor hereby 11 reserves all rights, title and interest in any and all gas, oil, 12 mineral and water upon or beneath said leased premises. Lessor 13 shall have the right~to enter upon said leased premises for the 14 purpose of drilling, operating and maintaining such installations 15 as are necessary or desirable for the development of said gas, 16 oil, mineral and water rights. In the event that such entry or 17 inspection by Lessor discloses that said premises are not in a 18 safe or healthy condition, Lessor shall have the right, after ten 19 (10) days' written notice to Lessee, to have any necessary 20 maintenance work done for and at the expense of Lessee, and 21 Lessee hereby agrees to pay promptly any and all costs incurred 22 by Lessor in having such necessary maintenance work done in order 23 to keep said premises in a safe or healthy condition. In the 24 event said costs are not paid by Lessee to Lessor within twenty 25 (20) days after the request therefor by Lessor, then said sums 26 shall bear interest at the rate of ten percent (10%) per annum. 27 The rights reserved in this section shall not create any 28 or in aid of the other provisions of this Lease and of any right or remedy at law or in equity which Lessor may have against said Lessee. 11 ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~ ~ U ~ 26 27 ~ obligations on Lessor or increase obligations elsewhere in this Lease imposed on Lessor. 19. The vOluntary or other surrender of this Lease by Lessee, or a mutual cancellation thereof, shall not work a merger, and shall, at the option of Lessor, terminate all or any existing subleases or subtenancies, or may at the option of Lessor, operate as an assignment to it of any or all such subleases or subtenancies. 20. The waiver by Lessor of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver or such terms, covenant or condition or any subsequent breach of the same or any other term, covenant or condition herein contained. The subsequent acceptance of rent hereunder by Lessor shall not be deemed to be a waiver of any preceding breach by Lessee of any term, covenant or condition of this Lease, other than the failure of Lessee to pay the particular rental so accepted, regardless of Lessor's knowledge of such preceding breach at the time of acceptance of such rent, nor shall any failure on the part of Lessor to require or exact full and complete compliance with any of the covenants, conditions or agreements of this Lease be construed as in any manner changing the terms hereof, or estop Lessor from enforcing the full provisions hereof, nor shall the terms of this Lease be changed or altered in any manner whatsoever other than by written agreement of the Lessor and Lessee. 21. Any holding-over after the expiration of said term for any cause shall be construed to be a tenancy from month-to-month, 12 . ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~ 23 24 ~ 26 27 28 at any rental selected by lessor which has been in effect during the term, and shall otherwise be on the terms and conditions herein specified so far as applicable. Such holding~over shall include any time employed by Lessee in removing fixtures. 22. Lessor reserves the right to review the rules and regulations promulgated by Lessee for the use of space or rooms erected on the leased premises. If Lessor rejects such rules and regulations Lessee agrees to submit new rules and regulations that meet with Lessor's approval. 23. Lessor reserves the right to review all rates or charges of whatever nature and for whatever purposes for use of the building or equipment therein, imposed by Lessee. If Lessor rejects such rates or charges as being excessive, Lessee agrees to submit new rates or charges that meet with Lessor's approval. 24. All notices herein required shall be in writing and delivered in person or sent by certified mail, postage prepaid, as follows: City Administrator City Hall 300 North wDw Street San Bernardino, CA 92418 Young Womens' Christian Association 567 Sierra Way San Bernardino, CA 92418 25. If any section, subsection, paragraph, sentence, clause, phrase, or portion of this Lease is invalid or shall be held to be invalid, such invalidity shall not affect the validity of the balance or remainder. 26. The provisions of this Lease shall bind the assigns and successors in interest of the parties hereto. 13 . . ,. " . . . . . 1 2 of the terms, provisions, covenants and conditions of this Lease. 3 4 5 6 7 8 9 10 11 12 27. Time is of the essence with respect to the performance IN WITNESS WHEREOF, Lessor and Lessee have executed this Lease on the date first hereinabove written." ". CITY OF SAN BERNARDINO ATTEST: BY City Clerk Mayor REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AGENCY GENERAL COUNSEL: By Chairman 13 Dennis A. 14 15 16 17 YOUNG WOMEN'S CHRISTIAN ASSOCIATION -Lessee- 18 19 20 21 Approved as to form and legal content: 22 23 24 25 26 27 By Title s~~) c{1 AttorneY 28 14