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HomeMy WebLinkAbout1981-542 : .. . . ~. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 .- -. RESOLUTION NO. 81-542 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LEASE WITH BOYS' CLUB OF SAN BERNARDINO RELATING TO ENCANTO COMMUNITY CENTER. 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 with Boys' Club of San Bernardino relating to Encanto Community Center, a copy of which is attached hereto, marked Exhibit I 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 regular meeting thereof, held on the 16th , 1981, by the following day of November vote, to wit: AYES: Councilmen Reilly, Botts , Hobbs. Strickler NAYS: Council Members Castaneda, Hernandez ABSENT: None ~;@~0 / City Clerk of The foregoing resolution is hereby /,?/'/. day , 1981~ . Y Approved as to form: ~ ~~u City At orney November . .. - ,. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2] 22 23 24 25 26 27 28 " , ' '" .. "', . .>~ .. .. .' .' , LEA S E THIS LEASE is entered into this nZ~ day of ~1~ta) , 1981, between the CITY OF SAN BERNARDINO, a } municipal corporation, referred to as "City". and BOYS' CLUBS OF SAN BERNARDINO. INC., a nonprofit corporation, referred to as "Boys Club". The parties agree as follows: SECTION 1. Recitals. a. City has entered into a Neighborhood Facilities Grant Contract with the United States of America, Department of Housing and Urban Development providing for Federal assistance under Title VII of the Housing and Urban Development Act of 1965 for the construction of a neighborhood facility. b. Pursuant to the Grant Contract, the completed neighborhood facility will be owned by City and leased to and operated by the Boys Club, and the use of the completed neighborhood facility will be subject to the continuing control of the City for a period of at least twenty years after completion of the facility. c. On January 7, 1970. the parties entered into a 50 year lease commencing February 1, 1970, and terminating January 31, 2020. The parties desire to terminate that lease agreement at the time this agreement takes effect. SECTION 2. Description. City hereby leases to the Boys Club the real property described in Exhibit "A", attached to this agreement and incorporated in it by this reference, and all improvements on the property, upon the terms and conditions set forth in this agreement. " '. . , " '..... , " , , , '" .. ,e. 1 SECTION 3. Term. The term of this lease shall be for the 2 period commencing on July 1, 1981, and terminating on January 31, 3 2020. 4 SECTION 4. Rental Payments. Boys Club agrees to pay to City 5 one dollar per year as rental, payable on the first day of 6 February of each year during the term of this lease. 7 SECTION 5. Purpose. The primary purpose of this lease is to 8 provide for the operation of a neighborhood facility for nonprofit 9 public and private agencies whose primary purposes are to provide 10 physical, educational, vocational rehabilitative, preventive or 11 recreational services to the community. 12 SECTION 6. Administration. Boys Club agrees to furnish 13 office and administrative space and program and activity space in 14 the facility, as the steering committee determines is available, 15 to qualifying nonprofit organizations within the following 16 guidelines: 17 a. Space shall be made available on a first-come, first- 18 served basis to qualifying nonprofit organizations. Boys Club may 19 charge for such space in accordance with a fee schedule approved 20 by City. The fee schedule shall be reviewed at least annually and 21 shall be amended if necessary to reflect current operating costs 22 and expenses. 23 b. Provision of space to qualifying organizations shall be 24 upon the condition that their use shall not conflict with existing 25 uses of the property. 26 c. Boys Club shall require each organization to which space 27 is provided to execute a written lease or rental agreement in a 28 form approved by City and to require such deposit as may be -2- .,' "-, , . ;.. '. ~ ; 1 determined by City. 2 In addition, the property shall be used by Boys Club to 3 conduct its own programs to promote the physical, mental and moral 4 welfare of youth of the City of San Bernardino according to the 5 standards of Boys' Clubs of America and by the City for the 6 conduct of its cultural and recreational programs and for all 7 incidental reasonable and lawful purposes. 8 The actual space to be occupied by each qualifying nonprofit 9 organization and by the Boys Club shall be determined by mutual 10 agreement between City and Boys Club, or, in the absence of such 11 agreement, by City. 12 BOys Club agrees that the leased premises shall be used 13 solely and exclusively for the purposes set forth in this 14 agreement and for no other purpose. 15 SECTION 7. HUD Requirements - Nondiscrimination. Boys Club 16 and City agree to operate the facility as a neighborhood facility 17 in accordance with all rules and regulations of the United States 18 of America, Department of Housing and Urban Development. The 19 facility shall be operated without discrimination as to race, 20 creed, color, sex or religion. 21 SECTION 8. Hold Harmless Insurance. Boys Club agrees to 22 hold the City harmless from all liability of every kind and nature 23 arising out of this lease and in connection with the leased 24 premises. Boys Club shall carry public liability insurance during 25 the term of this lease covering the City as a named additional 26 insured, and the limits of the policy shall not be less than 27 $100,000.00 for each person in each accident, $300,000.00 for more 28 than one person in each accident, and property damage liability in -3- ! .' . , '. 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 .Y ~ . . . '. '. ' the amount of at least $50,000.00 for anyone accident. City shall be furnished a copy of duplicate original of the policy, or a certificate of insurance. SECTION 9. Rules and Regulations. Boys Club shall establish rules and regulations for the operation of said facility as a neighborhood facility and boys club. Such rules and regulations shall be subject to review and approval by the Superintendent of Recreation of City, or such other person as may be designated by city. SECTION 10. Assignment. Except as otherwise provided in this agreement, the Boys Club shall not assign this lease, or any part of it nor sublet any portion of the premises without the prior written consent of City. SECTION 11. Covenants and Conditions. Boys Club shall: a. Provide adequate supervision for all activities to prevent vandalism, destruction or waste of the premises. b. Perform at least two inspections of the facility daily to observe problems needing repair. c. Inspect the facility before and after events when rented out for special use to other groups. d. Require all groups renting the facility to sign an agreement acknowledging their responsibility for damages to the facility and posting a deposit to insure repair. e. Provide adequate supervision of all activities at all times to assist with the City's effort to maintain the premises in a neat and orderly fashion. f. Keep the premises free of liens. g. Pay before delinquent all charges for water, electricity, -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 'I 23 24 {/ 25 26 27 28 ;.,.;',' ., 'n-_4-';~;" ':{/..Jj,'~-;.......... -;:~.;.~~-:._( '-';1~'.~;;~f-:'--"'tf}f:_7-;Z ,,;:;~~.;;.:.~_ 'gas ur other utilities provided or furnished or used 6~ th~ , premises. h. Pay all real and personal property taxes or assessments assessed on the premises. i. operate the premises in compliance with all applicable laws, ordinances, rules, and regulations of the City, State and Federal Government. j. Cooperate in city's effort to provide maintenance and custodial services. k. Comply with requirements relating to heating and air conditioning zones as designated by City in compliance with its energy conservation program. SECTION 12. Repair and Maintenance. City agrees during the term of this lease to repair, maintain and provide reasonable custodial care to the premises, as deemed necessary by City. SECTION 13. Steering Committee. A steering Committee shall review facility and program operations in order to insure the mos effective use of the facility. The Steering Co~mittee shall consist of: a. The Executive Director of the BOys Club. b. Two representatives of the Boys Club Board of Directors. c. Two representatives of the Los padrinos. d. City's Superintendent of Recreation. e. City's Director of Human Services. f. City's Superintendent of Public Buildings. City may, at its discretion, designate other officers or employees as its members of the Steering Committee in place of those designated in this section. The Steering Committee shall meet at least monthly and shall be responsible for the following: - 5 - :'i:'::.,;': i ~:;'".i":,~!.f.o, ~,,\-',' -';'-(' ,'-~ """,~--;""~;,::,,,,<!::;'~.-;'"' ::;'0'1;::.': ;,'-j. :."';;:':>'f~;: t. ',:;, '.:,~,;'~'~-,',<$5';Y: :li./;',rr.'},. ~~. ~.~ ,. .. . .. .. " . a. Draft, review and monitor an annual program plan for the facility. b. Review monthly program reports of Executive Director of Boys Club. c. Review of any plans to alter, decrease or increase programs at the facility. d. Review of annual budget of Boys Club. e. Review of amendments to annual budget of Boys Club. f. Review and recommend amendments to this agreement. g. Review and recommend approval or denial of all agreements for use of the facility. SECTION 14. Termination. City shall have the right to terminate this lease upon thirty days written notice to Boys Club. SECTION 15. Notice. Notices required by the provisions of this agreement shall have been considered delivered if either delivered in person to the other party or deposited in the United States mail addressed as follows: City BOys Club City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 Executive Director Boys' Club of San Bernardino 1180 West 9th Street San Bernardino, CA 92405 IN WITNESS WHEREOF, the parties have executed this lease on the date hereinabove written. CITY OF SAN B ATTEST: ~//I2?/1!ih City Cler -6- " '," . , . ' " 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 .-,...-,-.".~.....':.~_.;:-<" .;~:~~-<,;"i"':""":;T~:~'"~~~:'31}7""1f:l"~,~:'j:f~ ':;f.'~7lli . . ~ '. ..,4: ..... .' '. 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