HomeMy WebLinkAbout2007-187
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RESOLUTION NO. 2007-187
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE
LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND DIOCESE
OF SAN BERNARDINO EDUCATION AND WELFARE CORPORATION FOR THE
BENEFIT OF GUADALUPE CmLD DEVELOPMENT CENTER AT 1633 WEST FIFTH
STREET, IN SAN BERNARDINO.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The City Manager of the City of San Bernardino is hereby authorized and
directed to execute on behalf of the City, an Amendment to the Lease Agreement with Diocese of
San Bernardino Education and Welfare Corporation for the benefit of Guadalupe Child
Development Center, relating to certain real property at 1633 West Fifth Street, San Bernardino,
CA. A copy of the Amendment to the Lease Agreement is attached as Exhibit "1" and incorporated
herein by reference.
SECTION 2. Authorization to execute the Amendment to the Lease Agreement is
rescinded if the parties fail to execute it within 60 days of the passage of this Resolution
/1/
05/31/07
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE LEASE AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND DIOCESE OF SAN BERNARDINO EDUCATION AND
WELFARE CORPORATION FOR THE BENEFIT OF GUADALUPE CHILD DEVELOPMENT CENTER
AT 1633 WEST FIFTH STREET, IN SAN BERNARDINO.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a ioint regular
meeting thereof
held on the ] 8 th day of
Tnnp
, 20-0.1.--, by the following vote, to wit:
Council Members: AYES
ESTRADA x
BAXTER x
BRINKER x
DERRY x
KELLEY x
JOHNSON x
MCCAMMACK x
NAYS
ABSTAIN ABSENT
Q~~.~
Ci~lerk
The foregoing resolution is hereby approved this ~ day of June
,20~
ayor
Approved as to Form:
OS/23/07
2
2007-187
AMENDMENT TO LEASE AGREEMENT
This Amendment to Lease Agreement is made as of this 18th day of
June , 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 I,
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
2007-187
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.
DATED:
C1TV'l/iIit-ER1<ARJJINO
FRE L ON, City Manager
LESSOR:
DATED: ~~ :l..u, ~OQ7
I
~~ AJ.~
RA EL CLARK, City Clerk
Approved as to Form:
./~
ES F. PENMAN, City Attorney
LESSEE:
DIOCESE OF SAN BERNARDINO EDUCATION
AND WELFARE CORPORATION for the benefit
of GUADALUPE CHILD DEVELOPMENT
CENTER
DATED:
7/S-/07
BY:
~7U 5tv'C-L ~KP-
c s.J"
DATED:
1/c/o 7
, I
BY~"}~/~
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2007-187
LEASE
(GUADALUPE CHILD DEVELOPMENT CENTER)
THIS AGREEMENT (Lease), made and entered into this 2 I
day of
.A .'~~./A'I
, 1997, by and between the CITY OF SAN BERNARDINO,
a municipal corporation, hereinafter referred to as "Lessor", and DIOCESE OF SAN
BERNARDINO EDUCA nON AND WELFARE CORPORA nON for the benefit of
GUADALUPE CHILD DEVELOPMENT CENTER, a California non - profit corporation,
hereinafter referred to as "Lessee",
RECITALS
This Lease is made and entered into with respect to the following facts:
(a) Lessor is the owner of the property herein described.
(b) Lessor is willing to lease the property to lessee upon the tenns and conditions
hereinafter set forth.
(c) Lessee desires the use of said structure,
NOW THEREFORE, the parties hereto agree as follows:
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, 1. ProDertv Leased.
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Lessor hereby leases to Lessee, and the Lessee hereby leases from
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:
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that portion of lot 23, block 24, Ranch San Bernardino,
as per plat thereof recorded in book 7 of Maps, page 2,
Records of the County Recorder of San Bernardino County,
State of California, described as follows:
EXHIBIT "A"
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2007-187
Commencing at the northeast comer of said lot 23;
thence south along the east line thereof, a distance
of 319 feet, more or less, to the north line of the south
320.62 feet of said lot; thence west along said north line,
a distance of 129.00 feet to the True point of Beginning;
thence continuing west along said north line of the south
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
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
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
139.50 feet; thence south a distance of 180.30 feet to the True
Point of Beginning.
Said property is shown on the attached Exhibit "A".
2. Use.
The leased premises shall be used for a child day care center/child development
center. Lessee agrees to use the premises for such purposes, and not to use or permit the use
of the property for any other purpose unless the Lessor has previously approved such use in
writing. Lessee further understands and agrees that there shall be no restriction of admission
of children to the center on the basis of race, color, creed, religion, disability, ancestry, sex, or
national origin, and Lessee further understands and agrees that there shall be no religious
teaching, indoctrination, or reference to religion in any way, manner, or form whatsoever
inasmuch as Lessor is a public entity and subject to constitutional prohibitions conceming
religious activities. Lessee agrees to conduct its child day care/child development center in
such a manner as to not violate any such constitutional restrictions. Lessee shall not commit,
or allow to be committed, any waste or nuisance in the leased premises, nor shall it use or
allow the premises to be used for an unlawful purpose. Lessee shall at all times possess all
necessary licenses and approvals for the operation of a day care center and shall immediately
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2007-187
notify Lessor, through its City Clerk, at any time that such licenses or approvals have been
revoked or modified.
. 3. Term.
The term of this Lease shall be for a period of five (5) years commencing
July 31, 1997 and terminating on June 30, 2002, unless terminated at an earlier date as
provided in Paragraph 8.
4. Lease PavmeDts.
Lessee agrees to pay and Lessor agrees to accept as rental for said premises, for
the term hereof, a monthly rental of ONE HUNDRED DOLLARS ($100.00) for the first two
years. The monthly rent will increase to ONE HUNDRED TWENTY FIVE DOLLARS
($125.00) commencing July 3, 1999. The said 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
Finance Department
300 North "D" Street
San Bernardino, CA 92418
5. Utilities
Lessee shall pay for all electricity, gas, water, telephone service, and all other
services and utilities, including service installation fees and charges for such utilities during
the term of this Lease. If Lessee desires additional utilities and/or utility services to the
premises, Lessee must first obtain written consent from Lessor. All additional utility
connections for the facility shall be placed underground.
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2007-187
6. TaxeslPossessorv Interest.
Lessee Covenants during the term of this Lease to pay, when due, all taxes and
assessments that may be assessed or imposed upon the Lessee's possessory interest in and to
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
agrees to indemnify Lessor thereon. Lessee agrees to, and shall hold hannIess, Lessor from
any and all liability for any such taxes due by virtue of tenant's leasehold improvements,
equipment, furniture, fixtures, or other personal property.
7. Insurance.
Lessee agrees to procure and maintain in force during the term of this Lease
and any extension, at its own expense, a policy or policies of insurance against loss or
damage to the leased premises, appurtenances and permanent equipment, resulting from fire,
in a minimum amount of $ I 00,000; and from lightning, vandalism, malicious mischief, and
such other perils ordinarily defined as "extended coverage" and other perils in a minimum
amount ofS I 00,000. The fire and extended coverage insurance policy shall name Lessor as
an additional insured, and shall contain a provision that loss shall be payable to Lessee and
Lessor as their interests may appear. Lessee agrees to procure and maintain in force during
the term of this lease and any extension thereof, at its expense, public liability insurance in
companies and through brokers approved by Lessor, adequate to protect against liability for
damage claims arising in or around the Leased premises in a minimum amount of at least
three million dollars ($3,000,000) for each person injured, six million dollars ($6,000,000)
in the aggregate, one hundred thousand ($ I 00,000) for property damage. Lessee shall provide
to Lessor a certificate of insurance and an additional insured endorsement which provides:
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2007-187
(a) The City of San Bernardino named as an additional insured.
(b) The insurance company name, policy nwnber, period of coverage,
and the amount of insurance..
(c) That the Real Property Section of the Public Works Department of the
City of San Bernardino must be given notice in writing at least thirty
(30) days prior to cancellation, material change, or refusal to renew
the policy.
(d) That Lessee's insurance will be primary to any coverage the
City of San Bernardino may have in effect.
Lessee agrees that, if such insurance polices are not kept in force during the term of the lease
and !lilY extension thereof, Lessor may have the option to immediately declare this Lease
in default, and to terminate said Lease.
8, Termination
This Lease shall be terminable at the option of either party upon the service of
ninety- (90) days advance written notice of such termination to other party. Upon termination
of this Lease, Lessee shall surrender the property occupied by this Lease in as good condition
as same was at the time of Lessee's entry thereof subject to the conditions herein set forth.
9. Maintenance and Oneration
The Lessee is familiar with the leased premises and has knowledge of the
present conditions that exist thereon. Lessee shall, at its own expense, maintain the leased
premises and all improvements thereon in good order, condition, and repair. Lessee shall
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2007-187
provide or cause to be provided all security services, custodial service, and janitorial service,
which are required for the proper care and use of the premises.
(a) Licenses. Lessee shall post in a prominent place and manner in the
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.
(b) Vendors. Lessee shall not permit vendors to display wares, materials, or
advertisements inside or outside the demised premises unless prior written permission is
secured from Lessor and such written permission is posted in a prominent place and manner
in the premises.
10ImDrovements
Lessee shall not make, or suffer to be made, any alterations to the demised
premises, or any part thereof, without the prior written consent of Lessor. Any and all
alterations and/or improvements made to the demised premises pursuant to this section shall,
upon termination of this Lease, remain as a part of the premises and at no cost or obligation to
the Lessor.
11. Make Alterations. Additions. or Cbanl!es Reauired bv Law
If, during the term of this Lease, any law, regulation, or rule requires that an
alteration, addition, or other change be made to the demised premises, the parties agree as
follows:
(a) If the alterations, additions, or changes are required as a result of Lessee's
use of the premises, Lessee will make them and bear all expense.
(b) If the alterations, additions, or changes are required as a result of the
condition or nature of the premises at the time of execution of this Lease,
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2007-187
and are not caused by use of the premises by Lessee, Lessor will make
them and bear all expenses.
12. Default
In the event Lessee is in default in the payment of rentals or other charges hereunder
or is otherwise in breach of its covenants or obligations hereunder, and such default exists for
a period of thirty days after notice from Lessor to Lessee of such default, Lessor shall have
the right and privilege of terminating this Lease and declaring the same at an end, and of
entering upon and taking possession of said premises, and shall have the remedies now or
hereafter provided by law for recovery of rent, repossession of the premises and damages
occasioned by such default. If such default should occur then Lessor shall have the right to
take possession of and appropriate to itself without payment therefor, any property of Lessee
or anyone claiming under it, then remaining on said premises.
13. InsDections
Lessor, its agents, officers, or employees may enter upon the demised premises at such
reasonable times during Lessor's normal business hours as it deems necessary for the purpose
of inspection of the premises to determine whether the terms and conditions of this Lease are
being performed and kept by Lessee.
14. Effect or Lessor's waiver.
Lessor's waiver of breach of any term, covenant, or condition of this Lease is not a
waiver of breach of any other, nor of any subsequent breach of the one waived.
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15 Non- Discrimination.
Lessee hereby covenants by and for itself, its successors, executors, administrators,
and assigns, all persons under or through it, and this Lease is made and accepted upon and
subject to the following conditions:
That there shall be no discrimination against or segregation of any person or group of
persons, on account of race, color, creed, religion, disability, sex, national origin, or ancestry,
in the leasing, sub-leasing, transferring, use occupancy, tenure, or enjoyment of the premises
herein leased nor shall the Lessee itself, or any person claiming under or through it, establish
or permit any such practice or practices of discrimination or segregation with reference to
the selection, location, number, use, or occupancy, of tenants, lessees, subleasess, subtenants,
or vendees in the premises herein leased.
16. Assimments.
Lessee shall not assign this lease or sublet the said premises or any part thereof
without obtaining the prior written consent of the Lessor.
17. Validitv.
If anyone or more of the terms, provisions, promises, covenants, or conditions, of this
Lease shall, to any extent, be adjudged invalid, unenforceable, void, or voidable for any
reason whatsoever by a court of competent jurisdiction, each and all the remaining terms,
provisions, promises, covenants, and conditions of this Lease shall not be affected thereby and
shall be enforceable to the fullest extent permitted by law.
18. Lease AooIicabIe to Successon, Etc.
This Lease and the terms, covenants, and conditions hereof apply to and are binding
on the successors, executors, administrators, and assigns of the parties hereto.
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19. Lease Breacbed bv Lessee's ReceiversbiD. Assilmment for tbe Benefit of Creditors.
Insolvency. or BankruDtcv.
Appointment of a receiver to take possession of Lessee's assets, Lessee' s general
assignment for benefit of creditors, or Lessee's insolvency or taking or suffering action under
the Bankruptcy Act is a breach of this Lease and shall terminate same.
20. Eminent Domain.
If the whole of the leased premises, or so much thereof as to render the remainder
unusable for the pwpose for which the same was leased, shall be taken under the power of
eminent domain, then this Lease shall tenninate as of the date possession shall be so taken. If
less than the whole of the leased premises shall be taken under the power of eminent domain,
and the remainder is usable for the leased pwpose, then this Lease shall continue in full force
and effect and shall not be terminated by virtue of such taking and the parties may waive the
benefit of any law to the contrary, in which event there shall be partial abatement of the rent
hereunder in an amount equivalent to the prorated use of the remaining premises. Any award
made in eminent domain proceedings for the taking of damaging of the leased premises in
whole or in part shall be paid to the Lessor (together with any other money which shall be or
may be made available for such pwpose).
21. Indemnification and Hold Harmless.
Lessee shall indemnify and hold harmless Lessor, its elective and appointive
boards, commissions, officers, agents, and employees from any liability for damage or claims
for damage for personal injury, including death, as well as from claims for property damage
which may arise from Lessee's operations under this Lease, whether such operations be by
Lessee or by anyone or more persons directly or indirectly employed by or acting as agent for
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2007-187
Lessee. Lessee agrees to and shall defend Lessor and its elective and appointive boards,
commissions, officers, agents, and employees from any suits or actions at law or in equity
for damages caused, or alleged to have been caused, by reason of any of Lessee's operations
under this Lease.
22. Amendment.
This Lease may be amended or modified only by written agreement signed by both
parties hereto. Failure on the part of either party to enforce any provision of this Lease shall
not be construed as a waiver of the right to compel enforcement of such provision or
provisions, nor act to release any party from its obligations under this Lease.
23 Notices.
All notices given in connection with this Lease shall be in writing and delivered
in person or sent by certified mail, postage prepaid, addressed as follows:
LESSOR
City of San Bernardino
Public Works Department
Real Property Section
300 North "0" Street
San Bernardino, CA 92418
LESSEE
Diocese of San Bernardino
Education &Welfare Corp
120 I East Highland Avenue.
San Bernardino, Ca 92404
24 Time or Essence.
Time is of the essence herein.
25. ComDliance with Laws.
Lessee shall not violate, nor allow the violation of, any law of the
City, State or Federal governments or rules of the City, in conducting its operations under
this Lease.
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26. ODtiOD to Renew
If Lessee has fully perfonned all of the tenns, conditions, and covenants
of this Lease for the lease tenn hereof, then Lessee shall have the option to renew this Lease
for an additional five (5) year period after the expiration of the tenn of this Lease. Said
renewal shall be at a total rent to be negotiated by the Lessor and Lessee, but at a rate no less
than the rent payment at the end of the tenn plus twenty-five percent (25%). To exercise the
option to renew, Lessee must give Lessor written notice of Lessee's intention to do so at
least one hundred-twenty (120) days prior to the expiration of this Lease.
2? Covenants
There are no covenants or warranties other than those expressed in this
Lease.
2S. Entire Al!reement.
lbis agreement constitutes the entire Agreement between the parties and may be
modified only by further written agreement between parties.
29. Attornevs' Fees.
The prevailing party in any legal action to enforce or inteIpret any provision of this
Lease will be entitled to recover from the losing party all attorneys' fees, court costs, and
necessary disbursements in cOMection with that action. The costs, salary, and expenses of
the City Attorney, and members of his office, in cOMection with that action shall be
considered as attorneys' fees for the pUlpOse of this Lease.
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2007-187
IN WITNESS WHEREOF, the parties have executed this Lease on the day and year
set forth at the beginning of this Lease.
CITY OF SAN BERNARDINO
~ 7A /"._'~
By / ~ /~L
roM MINOR, Mayor
A TrEST:
By K[q)t1L (;I ct Jc
RACHEL CLARK., City Clerk
D) ,J[ LI1 d lC;'" hu /hl [ ') bkp,dj
DIOCESE OF SAN BERNARDINO EDUCATION AND
WELFARE CORPORATION for the benefit of
GUADALUPE CIDLD DEVELOPMENT CENTER.
By:
By:
Approved as to fonn
and legal content
12
2007-187
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