HomeMy WebLinkAbout13-Development Services ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Valerie C. Ross, Director Subject: Resolution Authorizing a Lease
Renewal—Diocese of San Bernardino
Dept: Development Services Education and Welfare Corporation for the
Benefit of Guadalupe Child Development
Date: May 23, 2007 Center— 1633 West Fifth Street
File No: 15.06-064 MCC Date: June 18, 2007
Synopsis of Previous Council Action:
3/22/77: Execution of ten-year lease with Diocese of San Diego for$1.00 per year, from
5/16/77 to 5/15/87.
8/01/82: Execution of five year lease with Guadalupe Child Development Center (who
took over the lease from the Diocese of San Diego) for $75.00 per month, from
8/1/82 through 7/31/87.
8/1/87: Execution of five-year lease with Guadalupe Child Development Center for
$75.00 per month from 8/1/87 through 7/31/92.
5/24/95: Resolution No. 95-63 authorizing execution of the First Amendment to Lease
for Guadalupe Child Development for $100.00 per month, from 8/1/92 to
7/31/97.
11/17/97: Resolution No. 97-342 authorizing the execution of a new lease agreement.
Recommended Motion:
Adopt Resolution.
Valerie C. Ross
Contact person: Ryan Sandoval Phone: 5226
Supporting data attached: Staff Report, Letter, Reso, Agreement Ward: 1
FUNDING REQUIREMENTS: Amount: None
Source:
Account Description:
Finance:
Council Notes: 160 a007- 4?7
Agenda Item No. �3
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Resolution Authorizing a Lease Renewal — Diocese of San Bernardino Education and Welfare
Corporation for the Benefit of Guadalupe Child Development Center— 1633 West Fifth Street.
BACKGROUND:
The Diocese of San Bernardino Education and Welfare Corporation has been leasing three
temporary classrooms at Nunez Park for the benefit of Guadalupe Child Development Center.
This is a non-profit organization that operates as a day care center primarily for low-income
families. Since 1977 three leases and one amendment have been executed. The current lease
term expires June 30, 2007. On May 8, 2007, Guadalupe Child Development Center submitted a
letter requesting to renew the lease (see attached).
The original lease rate in 1977 was $1.00 per year. In 1982 the lease rate was increased to
$75.00 per month and in 1997 increased to $100.00 per month. Since that time, there have been
two rent increases of 25% bringing the current lease rate to $156.25. Normally, the City would
recommend an additional rent increase at the time of renewal. However, in their letter to the
City, Guadalupe Child Development Center requested to renew their lease at the current rate of
$156.25 based upon the fact that they are a non-profit day care center operating on a minimal
budget. The attached resolution authorizes an amendment to extend the current lease for an
additional five year term commencing July 1, 2007 and terminating June 30, 2012, also including
the option to renew the lease for an additional five year term upon mutual agreement by both
parties.
FINANCIAL IMPACT:
Annual revenue of $1,875.00 from lease payments. The Center maintains the upkeep of the
facility and pays all the utilities and other costs associated with the operation of the day care
center.
RECOMMENDATION:
Adopt Resolution
May 09 07 09:46a p.2
Guadalupe Child Development Program
1633 West 5th Street P.O. Box 7130 San Bernardino, CA 92411 (909) 885-0510
Pauline Becerra, Director
May 8, 2007
Les rogassy
Real Property
Development Services Department
300 N. "D" Street
San Bernardino, CA 92418
The Guadalupe Child Development Program who is sponsored by the Diocese of
San Bernardino, Education and Welfare Corporation is requesting a renewal of lease for
the portable structures from the City of San Bernardino.
Since we are a non-profit day care that provides services to the community; we are
requesting that our base amount be renewed at the current rate of $156.25 per month
Please contact me at(909)885-051.0, if you have any questions regarding this
matter.
Thank you
Pauline Becerra
Director
PB/j gm
C (OPY
1 RESOLUTION NO.
2
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
3 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE
4 LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND DIOCESE
OF SAN BERNARDINO EDUCATION AND WELFARE CORPORATION FOR THE
5 BENEFIT OF GUADALUPE CHILD DEVELOPMENT CENTER AT 1633 WEST FIFTH
STREET, IN SAN BERNARDINO.
6
7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
8
9 SECTION 1. The City Manager of the City of San Bernardino is hereby authorized and
10 directed to execute on behalf of the City, an Amendment to the Lease Agreement with Diocese of
11
San Bernardino Education and Welfare Corporation for the benefit of Guadalupe Child
12
13 Development Center. relating to certain real property at 1633 West Fifth Street, San Bernardino,
14 CA. A copy of the Amendment to the Lease Agreement is attached as Exhibit-I"and incorporated
15 herein by reference.
16 SECTION 2. Authorization to execute the Amendment to the Lease Agreement is
17 rescinded if the parties fail to execute it within 60 days of the passage of this Resolution
18
19
20
21
22
23
24
25
26
27
28O [ 3
05/31/07 1
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE LEASE AGREEMENT BETWEEN
j THE CITY OF SAN BERNARDINO AND DIOCESE OF SAN BERNARDINO EDUCATION AND
WELFARE CORPORATION FOR THE BENEFIT OF GUADALUPE CHILD DEVELOPMENT CENTER
2 AT 1633 WEST FIFTH STREET,IN SAN BERNARDINO.
3
4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a meeting thereof
6 held on the day of , 20 , by the following vote, to wit:
7
8 Council Members: AYES NAYS ABSTAIN ABSENT
9 ESTRADA
10 BAXTER
11 BRINKER
12
DERRY
13
Co 14 KELLEY
15 JOHNSON
16 MCCAMMACK
17
18
City Clerk
19
20 The foregoing resolution is hereby approved this day of , 20
21
22 PATRICK J. MORRIS, Mayor
23 City of San Bernardino
24 Approved as to Form:
25
26 By:
27 ES F. PENMAN, City Attorney
00
�.v
05/23/07 2
AMENDMENT TO LEASE AGREEMENT
This Amendment to Lease Agreement is made as of this day of
2007, 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, hereinafter referred
to as "Lessee".
WHEREAS, the parties have previously executed a Lease Agreement dated
November 21, 1997, a copy of which is attached and incorporated herein as Exhibit "A",
for that certain property and structures located at 1633 West Fifth Street, in the City of San
Bernardino;
NOW THEREFORE, the parties hereby mutually agree to an amendment to said
Lease Agreement as follows:
1. Section 3. Term is amended to add the following:
"The term of this Lease shall be for a period of five (5) years commencing July 1,
2007 and terminating on June 30, 2012, unless terminated at an earlier date as
provided in Paragraph 8. Upon mutual consent by both the Lessor and Lessee, the
Lessee shall have the right to extend the term of this Lease for one (1) additional
term of five (5) years ("Renewal Term-) . The Renewal Term shall be on the terms
and conditions set forth herein.
2. Section 4. Lease Payments is amended to add the following:
Lessee agrees to pay and Lessor agrees to accept as lease payments for said
premises, for the term hereof, a monthly rental of ONE HUNDRED AND FIFTY
SIX DOLLARS AND TWENTY-FIVE CENTS for the next five years. The
EXHIBIT 991" 1
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
Real Property Section
300 North "D" Street, 3`6 Floor
San Bernardino, CA 92418
3. All other terms and conditions of the Lease Agreement shall remain in effect.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and
year as first written above.
LESSOR: CITY OF SAN BERNARDINO
DATED:
FRED WILSON, City Manager
DATED:
RACHEL CLARK, City Clerk -
Approved as to Form:
f
J ES F. PENMAN, City Attorney
LESSEE: DIOCESE OF SAN BERNARDINO EDUCATION
AND WELFARE CORPORATION for the benefit
of GUADALUPE CHILD DEVELOPMENT
CENTER
DATED: BY:
DATED: BY:
2
1 LEASE
2
3 (GUADALUPE CHILD DEVELOPMENT CENTER)
4 THIS AGREEMENT(Lease), made and entered into this ,1 / day of
5 A - -_-w,h, 4 , 1997, by and between the CITY OF SAN BERNARDINO,
6 a municipal corporation, hereinafter referred to as "Lessor", and DIOCESE OF SAN
7 BERNARDINO EDUCATION AND WELFARE CORPORATION for the benefit of
8
9 GUADALUPE CHILD DEVELOPMENT CENTER, a Califomia non—profit corporation,
10 hereinafter referred to as "Lessee".
11 RECITALS
12
13 This Lease is made and entered into with respect to the following facts:
14 (a) Lessor is the owner of the property herein described.
15 (b) Lessor is willing to lease the property to lessee upon the terms and conditions
16 hereinafter set forth.
17 (c) Lessee desires the use of said structure,
18 NOW THEREFORE, the parties hereto agree as follows:
19 '
1. Property Leased
20
21 Lessor hereby leases to Lessee, and the Lessee hereby leases from
22 Lessor, a structure consisting of three portable classrooms located in the City of San
23 Bernardino, County of San Bernardino, State of California, described as follows:
24
that portion of lot 23, block 24, Ranch San Bernardino,
as per plat thereof recorded in book 7 of Maps, page e 2,
26 Records of the County Recorder of San Bernardino County,
State of California, described as follows:
27
28
i
EXHIBIT "A"
1
2 Commencing at the northeast corner of said lot 23;
3 thence south along the east line thereof, a distance
of 319 feet, more or less, to the north line of the south
4 320.62 feet of said lot; thence west along said north line,
a distance of 129.00 feet to the True point of Beginning;
5 thence continuing west along said north line of the south
320.62 feet of said lot, a distance of 83.50 feet; thence
6 north and parallel with the east line of said lot, a distance
7 of 170.30 feet; thence west and parallel with the north line
r of said lot, a distance of 56.00 feet; thence north and parallel
8 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
9 139.50 feet; thence south a distance of 180.30 feet to the True
10 Point of Beginning.
11 Said property is shown on the attached Exhibit "A".
I 12 2. Use.
13 The leased premises shall be used for a child day care center/child development
14 center. Lessee agrees to use the premises for such permit® i� purposes, and not to use or the use
15
of the property for any other purpose unless the Lessor has previously approved such use in
16
writing. Lessee further understands and agrees that there shall be no restriction of admission
17
18 of children to the center on the basis of race, color, creed, religion, disability, ancestry, sex, or
19 national origin, and Lessee further understands and agrees that there shall be no religious
20 teaching, indoctrination, or reference to religion in any way, manner, or form whatsoever
21 inasmuch as Lessor is a public entity and subject to constitutional prohibitions concerning
22 religious activities. Lessee agrees to conduct its child day care/child development center in
23
24 such a manner as to not violate any such constitutional restrictions. Lessee shall not commit,
25 or allow to be committed, any waste or nuisance in the leased premises, nor shall it use or
26 allow the premises to be used for an unlawful purpose. Lessee shall at all times possess all
27 necessary licenses and approvals for the operation of a day care center and shall immediately
28
2
I notify Lessor, through its City Clerk, at any time that such licenses or approvals have been
2 revoked or modified.
3 3. Term.
4
The term of this Lease shall be for a period of five (5) years commencing
5
6 July 31, 1997 and terminating on June 30, 2002, unless terminated at an earlier date as
7 provided in Paragraph 8.
8 4. Lease Payments.
9 Lessee agrees to pay and Lessor agrees to accept as rental for said premises, for
10 the term hereof, a monthly rental of ONE HUNDRED DOLLARS ($100.00) for the first two
11 yew The monthly rent will increase to ONE HUNDRED TWENTY FIVE DOLLARS
12
13 ($125.00) commencing July 3, 1999. The said payments shall be paid on or before the first
14 Monday of each and every month of the term herein. Payments shall be directed to:
15 City of San Bernardino
Finance Department
16 300 North "D" Street
17 San Bernardino, CA 92418
18 5. Utilities
19
Lessee shall pay for all electricity, gas, water, telephone service, and all other
20
21 services and utilities, including service installation fees and charges for such utilities during
22 the term of this Lease. If Lessee desires additional utilities and/or utility services to the
23 premises, Lessee must first obtain written consent from Lessor. All additional utility
24 connections for the facility shall be placed underground.
25
26
27
28
3
i
1 6. Taxes/Possessory Interest.
2 Lessee Covenants during the term of this Lease to pay, when due, all taxes and
3 assessments that may be assessed or imposed upon the Lessee's possessory interest in and to
4
the premises and upon personal property located on the premises. During Lessee's possession
5
and use of the leased premises, should any taxes thereon be assessed against Lessor, Lessee
6
7 agrees to indemnify Lessor thereon. Lessee agrees to, and shall hold harmless, Lessor from
g any and all liability for any such taxes due by virtue of tenant's leasehold improvements,
9 equipment, furniture, fixtures, or other personal property.
10 7. Insurance.
11 Lessee agrees to procure and maintain in force during the term of this Lease
12
and any extension, at its own expense, a policy or policies of insurance against loss or
13
14 damage to the leased premises, appurtenances and permanent equipment, resulting from fire,
15 in a minimum amount of$100,000; and from lightning, vandalism, malicious mischief, and
16 such other perils ordinarily defined as "extended coverage" and other perils in a minimum
17 amount of$100,000. The fire and extended coverage insurance policy shall name Lessor as
18 an additional insured, and shall contain a provision that loss shall be payable to Lessee and
19
Lessor as their interests may appear. Lessee agrees to procure and maintain in force during
20
21 the term of this lease and any extension thereof, at its expense, public liability insurance in
22 companies and through brokers approved by Lessor, adequate to protect against liability for
23 damage claims arising in or around the Leased premises in a minimum amount of at least
24 three million dollars ($3,000,000) for each person injured, six million dollars ($6,000,000)
25 in the aggregate, one hundred thousand ($100,000) for property damage. Lessee shall provide
26 to Lessor a certificate of insurance and an additional insured endorsement which provides:
27
28
4
1
2 (a) The City of San Bernardino named as an additional insured.
3 (b) The insurance company name, policy number, period of coverage,
4 and the amount of insurance.
5 (c) That the Real Property Section of the Public Works Department of the
6 City of San Bernardino must be given notice in writing at least thirty
7 (30) days prior to cancellation, material change, or refusal to renew
8
the policy.
9
10 (d) That Lessee's insurance will be primary to any coverage the
11 City of San Bernardino may have in effect.
12 Lessee agrees that, if such insurance polices are not kept in force during the term of the lease
13 and any extension thereof, Lessor may have the option to immediately declare this Lease
14 in default, and to terminate said Lease.
15 8. Termination
16
17 This Lease shall be terminable at the option of either party upon the service of
18 ninety- (90) days advance written notice of such termination to other party. Upon termination
19 of this Lease, Lessee shall surrender the property occupied by this Lease in as good condition
20 as same was at the time of Lessee's entry thereof subject to the conditions herein set forth.
21
22 9. Maintenance and Operation
23 The Lessee is familiar with the leased premises and has knowledge of the
24 present conditions that exist thereon. Lessee shall, at its own expense, maintain the leased
25 premises and all improvements thereon in good order, condition, and repair. Lessee shall
26
27
28
s
1 provide or cause to be provided all security services, custodial service, and janitorial service,
2 which are required for the proper care and use of the premises.
3 a Licenses. Lessee shall
( ) post in a prominent place and manner in the
4
5 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.
6
7 (b) Vendors. Lessee shall not permit vendors to display wares, materials, or
8 advertisements inside or outside the demised premises unless prior written permission is
9 secured from Lessor and such written permission is posted in a prominent place and manner
10 in the premises.
11 10 Improvements
12
13 Lessee shall not make, or suffer to be made, any alterations to the demised
14 premises, or any part thereof, without the prior written consent of Lessor. Any and all
15 alterations and/or improvements made to the demised premises pursuant to this section shall,
16 upon termination of this Lease, remain as a part of the premises and at no cost or obligation to
17 the Lessor.
18 11. Make Alterations, Additions, or Changes Required by Law
19
20 If, during the term of this Lease, any law, regulation, or rule requires that an
21 alteration, addition, or other change be made to the demised premises, the parties agree as
22 follows:
23 (a) If the alterations, additions, or changes are required as a result of Lessee's
24 use of the premises, Lessee will make them and bear all expense.
2 (b) If the alterations, additions, or changes are required as a result of the
26 condition or nature of the premises at the time of execution of this Lease,
27
28
6
1 and are not caused by use of the premises by Lessee, Lessor will make
2 them and bear all expenses.
3 12. Default
4
5 In the event Lessee is in default in the payment of rentals or other charges hereunder
6 or is otherwise in breach of its covenants or obligations hereunder, and such default exists for
7 a period of thirty days after notice from Lessor to Lessee of such default, Lessor shall have
8 the right and privilege of terminating this Lease and declaring the same at an end, and of
9 entering upon and taking possession of said premises, and shall have the remedies now or
10 hereafter provided by law for recovery of rent, repossession of the premises and damages
11 occasioned by such default. If such default should occur then Lessor shall have the right to
12
13 take possession of and appropriate to itself without payment therefor, any property of Lessee
14 or anyone claiming under it, then remaining on said premises.
15 13. Inspections
16 Lessor, its agents, officers, or employees may enter upon the demised premises at such
17 reasonable times during Lessor's normal business hours as it deems necessary for the purpose
18 of inspection of the premises to determine whether the terms and conditions of this Lease are
19
being performed and kept by Lessee.
20
14. Effect of Lessor's waiver.
21
22 Lessor's waiver of breach of any term, covenant, or condition of this Lease is not a
23 waiver of breach of any other, nor of any subsequent breach of the one waived.
24
25
26
27
28
1 15 Non- Discrimination.
2 Lessee hereby covenants by and for itself, its successors, executors, administrators,
3 and assigns, all persons under or through it, and this Lease is made and accepted upon and
4
subject to the following conditions:
5
r 6 That there shall be no discrimination against or segregation of any person or group of
7 persons, on account of race, color, creed, religion, disability, sex, national origin, or ancestry,
g in the leasing, sub-leasing, transferring, use occupancy, tenure, or enjoyment of the premises
9 herein leased nor shall the Lessee itself, or any person claiming under or through it, establish
10 or permit any such practice or practices of discrimination or segregation with reference to
I11 the selection, location, number, use, or occupancy, of tenants, lessees, subleasess, subtenants
12
or vendees in the premises herein leased.
13
14 16. Assignments.
15 Lessee shall not assign this lease or sublet the said premises or any part thereof
16 without obtaining the prior written consent of the Lessor.
17 17. Validity.
18 If an one or more of the terms,, provisions, promises, covenants, or conditions, of this
19
Lease shall, to any extent, be adjudged invalid, unenforceable, void, or voidable for any
20
21 reason whatsoever by a court of competent jurisdiction, each and all the remaining terms,
22 provisions, promises, covenants, and conditions of this Lease shall not be affected thereby and
23 shall be enforceable to the fullest extent permitted by law.
24 18_. Lease Applicable to Successors, Etc
25 This Lease and the terms, covenants, and conditions hereof apply to and are binding
26 on the successors, executors, administrators, and assigns of the parties hereto.
27
28
8
1 19. Lease Breached by Lessee's Receivership, Assignment for the Benefit of Creditors,
2 Insolvency, or Bankruptcy.
3 Appointment of a receiver to take possession of Lessee's assets, Lessee's general
4
5 assignment for benefit of creditors, or Lessee's insolvency or taking or suffering action under
6 the Bankruptcy Act is a breach of this Lease and shall terminate same.
7 20. Eminent Domain.
g If the whole of the leased premises, or so much thereof as to render the remainder
9 unusable for the purpose for which the same was leased, shall be taken under the power of
10 eminent domain, then this Lease shall terminate as of the date possession shall be so taken. If
11 less than the whole of the leased premises shall be taken under the power of eminent domain,
12
13 and the remainder is usable for the leased purpose, then this Lease shall continue in full force
14 and effect and shall not be terminated by virtue of such taking and the parties may waive the
15 benefit of any law to the contrary, in which event there shall be partial abatement of the rent
16 hereunder in an amount equivalent to the prorated use of the remaining premises. Any award
17 made in eminent domain proceedings for the taking of damaging of the leased premises in
18 whole or in part shall be paid to the Lessor(together with any other money which shall be or
19
may be made available for such purpose).
20
21 21. Indemnification and Hold Harmless.
22 Lessee shall indemnify and hold harmless Lessor, its elective and appointive
23 boards, commissions, officers, agents, and employees from any liability for damage or claims
24 for damage for personal injury, including death, as well as from claims for property damage
25 which may arise from Lessee's operations under this Lease, whether such operations be by
26 Lessee or by any one or more persons directly or indirectly employed by or acting as agent for
27
28
9
I
i
i
1 Lessee. Lessee agrees to and shall defend Lessor and its elective and appointive boards,
2 commissions, officers, agents, and employees from any suits or actions at law or in equity
3 for damages caused, or alleged to have been caused, by reason of any of Lessee's operations
4
under this Lease.
5
22. Amendment.
6
7 This Lease may be amended or modified only by written agreement signed by both
8 parties hereto. Failure on the part of either party to enforce any provision of this Lease shall
9 not be construed as a waiver of the right to compel enforcement of such provision or
10 provisions, nor act to release any party from its obligations under this Lease.
11 23 Notices.
12
13 All notices given in connection with this Lease shall be in writing and delivered
14 in person or sent by certified mail, postage prepaid, addressed as follows:
t.
15 LESSOR LESSEE
16 City of San Bernardino Diocese of San Bernardino
Public Works Department Education &Welfare Corp
17 Real Property Section 1201 East Highland Avenue.
18 300 North "D" Street San Bernardino, Ca 92404
San Bernardino, CA 92418
19
24 Time of Essence.
20
Time is of the essence herein.
21
22 25. Compliance with Laws.
23 Lessee shall not violate, nor allow the violation of, any law of the
24 City, State or Federal governments or rules of the City, in conducting its operations under
25 this Lease.
26
27
28
io
1
2 26. Option to Renew
3 If Lessee has fully performed all of the terms, conditions, and covenants
4
5 of this Lease for the lease term hereof, then Lessee shall have the option to renew this Lease
6 for an additional five (5) year period after the expiration of the term of this Lease. Said
7 renewal shall be at a total rent to be negotiated by the Lessor and Lessee, but at a rate no less
8 than the rent payment at the end of the term plus twenty-five percent(25%). To exercise the
9 option to renew, Lessee must give Lessor written notice of Lessee's intention to do so at
10 least one hundred-twenty (120)days prior to the expiration of this Lease.
11 27. Covenants
12
13 There are no covenants or warranties other than those expressed in this
Lease.
14
15 28. Entire Agreement.
16 This agreement constitutes the entire Agreement between the parties and may be
17 modified only by further written agreement between parties.
18 29. Attorneys' Fees.
19
20 The prevailing party in any legal action to enforce or interpret any provision of this
21 Lease will be entitled to recover from the losing party all attorneys' fees, court costs, and
22 necessary disbursements in connection with that action. The costs, salary, and expenses of
23 the City Attorney, and members of his office, in connection with that action shall be
24 considered as attorneys' fees for the purpose of this Lease.
25
26
27
28
1 IN WITNESS WHEREOF, the parties have executed this Lease on the day and year
2 set forth at the beginning of this Lease.
3
4
CITY OF SAN BERNARDINO
5
6 By_ �m
7 TOM MINOR, Mayor
8
9 ATTEST:
10
11 By
12 RACHEL CLARK, City Clerk
.J
14 DIOCESE OF SAN BERNARDINO EDUCATION AND
15 WELFARE CORPORATION for the benefit of
GUADALUPE CHILD DEVELOPMENT CENTER.
16
17 By: AAA
18
19 By:
20
21
22 Approved as to form
23 and legal content
24 James F. Penman,
25 City A rney
26 By.
27
28
12
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AMENDMENT TO LEASE AGREEMENT
This Amendment to Lease Agreement is made as of this day of
2007, 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, hereinafter referred
to as "Lessee".
WHEREAS, the parties have previously executed a Lease Agreement dated
November 21, 1997, a copy of which is attached and incorporated herein as Exhibit
for that certain property and structures located at 1633 West Fifth Street, in the City of San
Bernardino;
NOW THEREFORE, the parties hereby mutually agree to an amendment to said
Lease Agreement as follows:
1. Section 3. Term is amended to add the following:
"The term of this Lease shall be for a period of five (5) years commencing July 1,
2007 and terminating on June 30, 2012, unless terminated at an earlier date as
provided in Paragraph 8. Upon mutual consent by both the Lessor and Lessee, the
Lessee shall have the right to extend the term of this Lease for one (1) additional
term of five (5) years ("Renewal Term") . The Renewal Term shall be on the terms
and conditions set forth herein.
2. Section 4. Lease Payments is amended to add the following:
Lessee agrees to pay and Lessor agrees to accept as lease payments for said
premises, for the term hereof, a monthly rental of ONE HUNDRED AND FIFTY
SIX DOLLARS AND TWENTY-FIVE CENTS for the next five years. The
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
Real Property Section
300 North "D" Street, 3`d Floor
San Bernardino, CA 92418
3. All other terms and conditions of the Lease Agreement shall remain in effect.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and
year as first written above.
LESSOR: CITY OF SAN BERNARDINO
DATED:
FRED WILSON, City Manager
" DATED:
RACHEL CLARK, City Clerk
Approved as to Form:
A ES F. PENMAN, City Attorney
LESSEE: DIOCESE OF SAN BERNARDINO EDUCATION
AND WELFARE CORPORATION for the benefit
of GUADALUPE CHILD DEVELOPMENT
CENTER
DATED: BY:
DATED: BY:
1 LEASE
2
3 (GUADALUPE CHILD DEVELOP;NfENT CENTER)
4 THIS AGREEIENT(Lease), made and entered into this 121 day of
5 A 1997, by and between the CITY OF SAN BERNARDINO,
6 a municipal corporation, hereinafter referred to as "Lessor", and DIOCESE OF SAN
7 BERNARDINO EDUCATION AND WELFARE CORPORATION for the benefit of
8
9 GUADALUPE CHILD DEVELOPMENT CENTER, a California non—profit corporation,
10 hereinafter referred to as "Lessee".
11
RECITALS
12
13 This Lease is made and entered into with respect to the following facts:
14 (a) Lessor is the owner of the property herein described.
15 (b) Lessor is willing to lease the property to lessee upon the temps and conditions
16 hereinafter set forth.
17 (c) Lessee desires the use of said structure,
18 NOW THEREFORE, the parties hereto agree as follows:
19
1. Property Leased
20
21 Lessor hereby leases to Lessee, and the Lessee hereby leases from
22 Lessor, a structure consisting of three portable classrooms located in the City of San
23 Bernardino, County of San Bernardino, State of California, described as follows:
24
25 that portion of lot 23, block 24, Ranch San Bernardino,
as per plat thereof recorded in book 7 of Maps, page 2,
26 Records of the County Recorder of San Bernardino County,
State of California, described as follows:
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EXHIBIT "A"
1
2 Commencing at the northeast corner of said lot 23;
3 thence south along the east line thereof, a distance
of 319 feet, more or less, to the north line of the south
4 320.62 feet of said lot; thence west along said north line,
a distance of 129.00 feet to the True point of Beginning;
5 thence continuing west along said north line of the south
6 320.62 feet of said lot, a distance of 83.50 feet; thence
north and parallel with the east line of said lot, a distance
7 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
8 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
9 139.50 feet; thence south a distance of 180.30 feet to the True
10 Point of Beginning.
11 Said property is shown on the attached Exhibit
12 2. Use.
13 The leased premises shall be used for a child day care center/child development
14 center. Lessee agrees to use the premises for such purposes, and not to use or
15 permit the use
16 of the property for any other purpose unless the Lessor has previously approved such use in
17 writing. Lessee further understands and agrees that there shall be no restriction of admission
18 of children to the center on the basis of race, color, creed, religion, disability, ancestry, sex, or
19 national origin, and Lessee further understands and agrees that there shall be no religious
20 teaching, indoctrination, or reference to religion in any way, manner, or form whatsoever
21 inasmuch as Lessor is a public entity and subject to constitutional prohibitions concerning
22 religious activities. Lessee agrees to conduct its child day care/child development center in
23
24 such a manner as to not violate any such constitutional restrictions. Lessee shall not commit,
25 or allow to be committed, any waste or nuisance in the leased premises, nor shall it use or
26 allow the premises to be used for an unlawful purpose. Lessee shall at all times possess all
27 necessary licenses and approvals for the operation of a day care center and shall immediately
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2
MIMM
I notify Lessor, through its City Clerk, at any time that such licenses or approvals have been
2 revoked or modified.
3 3. Term.
4
5 The term of this Lease shall be for a period of five (5) years commencing
6 July 31, 1997 and terminating on June 30, 2002, unless terminated at an earlier date as
7 provided in Paragraph 8.
8 4. Lease Payments
9 Lessee agrees to pay and Lessor agrees to accept as rental for said premises, for
10 the term hereof, a monthly rental of ONE HUNDRED DOLLARS ($100.00) for the first two
11 yew The monthly rent will increase to ONE HUNDRED TWENTY FIVE DOLLARS
12
13 ($125.00) commencing July 3, 1999. The said payments shall be paid on or before the first
14 Monday of each and every month of the term herein. Payments shall be directed to:
15 City of San Bernardino
Finance Departrnent
16 300 North "D" Street
17 San Bernardino, CA 92418
18 5. Utilities
19
20 Lessee shall pay for all electricity, gas, water, telephone service, and all other
21 services and utilities, including service installation fees and charges for such utilities during
22 the term of this Lease. If Lessee desires additional utilities and/or utility services to the
23 premises, Lessee must first obtain written consent from Lessor. All additional utility
24 connections for the facility shall be placed underground.
25
26
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3
1 6. Taxes/Possessory Interest
2
Lessee Covenants during the term of this Lease to pay, when due, all taxes and
3 assessments that may be assessed or imposed upon the Lessee's possessory nterest in and to
4 ry
5 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
6
7 agrees to indemnify Lessor thereon. Lessee agrees to, and shall hold harmless Lessor from
g any and all liability for any such taxes due by virtue of tenant's leasehold improvements,
9 equipment, furniture, fixtures, or other personal property.
10 7, Insurance.
11 Lessee agrees to procure and maintain in force during the term of this Lease
12
13 and any extension, at its own expense, a policy or policies of insurance against loss or
14 damage to the leased premises, appurtenances and permanent equipment, resulting from fire,
15 in a minimum amount of$100,000; and from lightning, vandalism, malicious mischief, and
16 such other perils ordinarily defined as "extended coverage" and other perils in a minimum
17 amount of$100,000. The fire and extended coverage insurance policy shall name Lessor as
18 an additional insured, and shall contain a provision that loss shall be payable to Lessee and
19
20 Lessor as their interests may appear. Lessee agrees to procure and maintain in force during
21 the term of this lease and any extension thereof, at its expense, public liability insurance in
22 companies and through brokers approved by Lessor, adequate to protect against liability for
23 damage claims arising in or around the Leased premises in a minimum amount of at least
24 three million dollars ($3,000,000) for each person injured, six million dollars ($6,000,000)
25 in the aggregate, one hundred thousand ($100,000) for property damage. Lessee shall provide
26 to Lessor a certificate of insurance and an additional insured endorsement which provides:
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2 (a) The City of San Bernardino named as an additional insured.
3 (b) The insurance company name, policy number, period of coverage,
4 and the amount of insurance..
5 (c) That the Real Property, Section of the Public Works Department of the
6 City of San Bernardino must be given notice in writing at least thirty
7 (30) days prior to cancellation, material change, or refusal to renew
8
the policy.
9
10 (d) That Lessee's insurance will be primary to any coverage the
11 City of San Bernardino may have in effect.
12 Lessee agrees that, if such insurance polices are not kept in force during the term of the lease
13 and any extension thereof, Lessor may have the option to immediately declare this Lease
14 in default, and to terminate said Lease.
15 8, Termination
16
17 This Lease shall be terminable at the option of either party upon the service of
18 ninety- (90) days advance written notice of such termination to other party. upon termination
19 of this Lease, Lessee shall surrender the property occupied by this Lease in as good condition
20 as same was at the time of Lessee's entry thereof subject to the conditions herein set forth.
21
22 9. Maintenance and Operation
23 The Lessee is familiar with the leased premises and has knowledge of the
24 present conditions that exist thereon. Lessee shall, at its own expense, maintain the leased
25 premises and all improvements thereon in good order, condition, and repair. Lessee shall
26
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1 provide or cause to be provided all security services, custodial service, and janitorial service,
2 which are required for the proper care and use of the premises.
3 (a) Licenses. Lessee shall post in a prominent place and manner in the
4
demised premises all business licenses, certificates, a copy of this Lease, and all permits that
5
6 are required to do Lessee's business in the City of San Bernardino.
7 (b) Vendors. Lessee shall not permit vendors to display wares, materials, or
8 advertisements inside or outside the demised premises unless prior written permission is
9 secured from Lessor and such written permission is posted in a prominent place and manner
10 in the premises.
11 10 Improvements
12
13 Lessee shall not make, or suffer to be made, any alterations to the demised
14 premises, or any part thereof, without the prior written consent of Lessor. Any and all
15 alterarions and/or improvements made to the demised premises pursuant to this section shall,
16 upon termination of this Lease, remain as a part of the premises and at no cost or obligation to
17 the Lessor.
18 11. Make Alterations, Additions or Changes Required b
E q y Law
19
20 If, during the term of this Lease, any law, regulation, or rule requires that an
21 alteration, addition, or other change be made to the demised premises, the parties agree as
22 follows:
23 (a) If the alterations, additions, or changes are required as a result of Lessee's
24 use of the premises, Lessee will make them and bear all expense.
25 (b) If the alterations, additions, or changes are required as a result of the
26 condition or nature of the premises at the time of execution of this Lease,
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6
II
I and are not caused by use of the premises by Lessee, Lessor will make
2 them and
_ bear all expenses.
3 12. Default
4
5 In the event Lessee is in default in the payment of rentals or other charges hereunder
6 or is otherwise in breach of its covenants or obligations hereunder, and such default exists for
7 a period of thirty days after notice from Lessor to Lessee of such default, Lessor shall have
8 the right and privilege of terminating this Lease and declaring the same at an end, and of
9 entering upon and taking possession of said premises, and shall have the remedies now or
10 hereafter provided by law for recovery of rent, repossession of the premises and damages
11 occasioned by such default. If such default should occur then Lessor shall have the right to
12
13 take possession of and appropriate to itself without payment therefor, any property of Lessee
14 or anyone claiming under it, then remaining on said premises.
15 1.3. Inspections
16 Lessor, its agents, officers, or employees may enter upon the demised premises at such
17 reasonable times during Lessor's normal business hours as it deems necessary for the purpose
18 of inspection of the premises to determine whether the terms and conditions of this Lease are
19
being performed and kept by Lessee.
20
14. Effect of Lessor's waiver.
21
22 Lessor's waiver of breach of any term, covenant, or condition of this Lease is not a
23 waiver of breach of any other, nor of any subsequent breach of the one waived.
24
25
26
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1 15 Non- Discrimination.
2
Lessee hereby covenants by and for itself, its successors, executors, administrators,
3 and assigns, all persons under or through it, and this Lease is made and accepted upon and
4
subject to the following conditions:
5
6 That there shall be no discrimination against or segregation of any person or group of
7 persons, on account of race, color, creed, religion, disability, sex, national origin, or ancestry,
8 in the leasing, sub-leasing, transferring, use occupancy, tenure, or enjoyment of the premises
9 herein leased nor shall the Lessee itself, or any person claiming under or through it, establish
10 or permit any such practice or practices of discrimination or segregation with reference to
M 11 the selection, location, number, use, or occupancy, of tenants, lessees, subleasess, subtenants,
12
13 or vendees in the premises herein leased.
14 16. Assignments.
15 Lessee shall not assign this lease or sublet the said premises or any part thereof
16 without obtaining the prior written consent of the Lessor.
17 17. Validity.
18 If any one or more of the terns, provisions,promises, covenants, or conditions, of this
19
Lease shall, to any extent, be adjudged invalid, unenforceable, void, or voidable for any
20
21 reason whatsoever by a court of competent jurisdiction, each and all the remaining terms,
22 provisions, promises, covenants, and conditions of this Lease shall not be affected thereby and
23 shall be enforceable to the fullest extent permitted by law.
24 18. Lease Aaylicable to Successors, Etc
25 This Lease and the terms, covenants, and conditions hereof apply to and are binding
26 on the successors, executors, administrators, and assigns of the parties hereto.
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1 19. Lease Breached by Lessee's Receivership, Assignment for the Benefit of Creditors,
2
Insolvency, or Bankru tc .
3 Appointment of a receiver to take possession of Lessee's assets, Lessee's general
4
assignment for benefit of creditors, or Lessee's insolvency or taking or suffering action under
5
6 the Bankruptcy Act is a breach of this Lease and shall terminate same.
7 20. Eminent Domain.
g If the whole of the leased premises, or so much thereof as to render the remainder
9 unusable for the purpose for which the same was leased, shall be taken under the power of
10 eminent domain, then this Lease shall terminate as of the date possession shall be so taken. If
11 less than the whole of the leased premises shall be taken under the power of eminent domain,
12
13 and the remainder is usable for the leased purpose, then this Lease shall continue in full force
14 and effect and shall not be terminated by virtue of such taking and the parties may waive the
15 benefit of any law to the contrary, in which event there shall be partial abatement of the rent
16 hereunder in an amount equivalent to the prorated use of the remaining premises. Any award
17 made in eminent domain proceedings for the taking of damaging of the leased premises in
18 whole or in part shall be paid to the Lessor(together with any other money which shall be or
19
may be made available for such purpose).
20 �
21 21. Indemnification and Hold Harmless. I
22 Lessee shall indemnify and hold harmless Lessor, its elective and appointive
23 boards, commissions, officers, agents, and employees from any liability for damage or claims
24 for damage for personal injury, including death, as well as from claims for property damage
25 which may arise from Lessee's operations under this Lease, whether such operations be by
26 Lessee or by any one or more persons directly or indirectly employed by or acting as agent for
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9
1 Lessee. Lessee agrees to and shall defend Lessor and its elective and appointive boards,
2 commissions officers agents, and employees from any suits or actions at law or in equity
3 for damages caused, or alleged to have been caused, by reason of any of Lessee's operations
4
under this Lease.
5
6 22. Amendment.
7 This Lease may be amended or modified only by written agreement signed by both
8 parties hereto. Failure on the part of either party to enforce any provision of this Lease shall
9 not be construed as a waiver of the right to compel enforcement of such provision or
M 10 provisions, nor act to release any party from its obligations under this Lease.
11 23 Notices.
12
13 All notices given in connection with this Lease shall be in writing and delivered
14 in person or sent by certified mail, postage prepaid, addressed as follows:
15
LESSOR LESSEE
16 City of San Bernardino Diocese of San Bernardino
Public Works Department Education &Welfare Corp
17 Real Property Section 1201 East Highland Avenue.
18 300 North "D" Street San Bernardino, Ca 92404
San Bernardino, CA 92418
19
24 Time of Essence.
20
21 Time is of the essence herein.
22 25. Compliance with Laws.
23 Lessee shall not violate, nor allow the violation of, any law of the
24 City, State or Federal governments or rules of the City, in conducting its operations under
25 this Lease.
26
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2 26. Option to Renew
I
3 I
If Lessee has fully performed all of the terms, conditions, and covenants
4
5 of this Lease for the lease term hereof, then Lessee shall have the option to renew this Lease
6 for an additional five (5) year period after the expiration of the term of this Lease. Said
7 renewal shall be at a total rent to be negotiated by the Lessor and Lessee, but at a rate no less
8 than the rent payment at the end of the term plus twenty-five percent (25%). To exercise the
9 option to renew, Lessee must give Lessor written notice of Lessee's intention to do so at
10 least one hundred-twenty (120) days prior to the expiration of this Lease.
11 27. Covenants
12
13 There are no covenants or warranties other than those expressed in this
Lease.
14
15 28. Entire Agreement
16 This agreement constitutes the entire Agreement between the parties and may be
17 modified only by further written agreement between parties.
18 29. Attorneys' Fees.
19
20 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
21
22 necessary disbursements in connection with that action. The costs, salary, and expenses of
23 the City Attorney, and members of his office, in connection with that action shall be
24 considered as attorneys' fees for the purpose of this Lease.
25
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1 IN 'XITNESS WHEREOF, the parties have executed this Lease on the day and year
2 set forth at the beginning of this Lease.
3
4
CITY OF SAN BERNARDINO
5
6 By / �m
7 TOM MINOR, Mayor
8
9 ATTEST:
10
11 '>
By
12 RACHEL CLARK, City Clerk
13J jic, clC ���
14 DIOCESE OF SAN BERNARDINO EDUCATION AND
15 WELFARE CORPORATION for the benefit of
GUADALUPE CHILD DEVELOPMENT CENTER.
16
17 By:
18 � , U
19 By:
20
21
22 Approved as to form
23 and legal content
24 James F. Penman,
25 City A mey
26 By: ' c
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