HomeMy WebLinkAbout1987-319
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RESOLUTION NO. ~1=212__
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A lEASE WITH THE HOME OF NEIGHBORLY SERVICE RELATING
TO CERTAIN STRUCTURES SITUATED AT 839 NORTH MT. VERNON AVENUE.
2
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOllOWS:
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4
SECTION 1.
The Mayor of the City of San Bernardino is
5 authorized and directed to execute on behalf of said City a lease
6 with the Home of Neighborly Service relating to certain structures
7 situated at 839 No rt h Mt. Vernon Avenue, a copy of which is
8 attached hereto, marked Exhibit "A" and incorporated herein by
9 reference as fully as though set fo rt h at length.
10 I HEREBY CERTIFY that the foregoing resolution was duly
11 adopted by the Mayor and Common Council of the City of San
12 Be r n a r din 0 a t a ________._______L.e..g:lll.aL____ me e tin g the reo f , he 1 don
13 the 8tJL__ day of __-10pt~d~~:r _____, 1987, by the following vote,
14 to wit:
AYES:
Co u n c i 1 Me m b e r s E r",0: r n(~..:..J. Rf~ i J - JL-!'" J (.:!.!"- Ei ~l~~~lr.:..:~~!
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16
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22 day of
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______J~.L(~G_y~~.-I~~~lcr~li0~~~~-----------------_
NAYS:
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ABSENT:
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City Clerk
The foregoing resolution is hereby approved this //~~. _
_____~,~~~~~~~______________, 1987.
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/. .' V L/<~
/ ..' _ I:!.. _~ _ _~~<d:: ______
Mayor of t~ity of San Be.nardino
25
Approved as to
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C/i t y At tor n e y
format and legal content:
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26
1 lEA S f
2 Three Temporary Classrooms for Day Care Center Use--
3 Mt. Vernon Avenue
4 THIS LEASE is made and entered into this _~~_____ day of
5 __________i2~~_______, 1987, by and between the CITY OF SAN
6 BERNARDINO, a municipal corporation, hereinafter referred to as
7 "Lessor," and the HOME OF NEIGHBORLY SERVICE, a non-profit
8 corporation, hereinafter referred to as "Lessee."
9 ~ I I H ~ S S ~ I H:
10
WHEREAS, Lessor owns three temporary classroom structures
11 which are suitable for Lessee's use as hereinafter provided; and
12 WHEREAS, Lessee desires to lease said structures from Lessor
13 and to maintain said structures upon certain real property owned
14 by Lessee at 839 North Mt. Vernon Avenue, San Bernardino, Cal i-
15 fornia; and
16
WHEREAS, Lessor des i res to 1 ease sa i-d temporary cl assroom
17 structures to Lessee on the terms and conditions hereinafter set
18 fort h ;
19
NOW, THEREFORE, in consideration of the mutual covenants,
20 con d i t ion s , pro vis ion s , pro m i s e san d 1 e gal de t rim en t s con t a i n e d
21 herein, it is agreed as follows:
22 1 . S T Rue T U RES LEA SED: L e s s 0 r her e b y 1 e a s est 0 L e sse e ,on
23 the t e r m she rei n con t a i n ed, t h r e e t e m p 0 r a r y c 1 ass roo m s t r u c t u res
24 pre s e n t 1 Y i nth e p 0 sse s s ion 0 f L e sse e and sit u ate d at 83 9 Nor t h
25 M t . V ern 0 n A v en u e , San Be r n a r din 0 , C a 1 i for n i a , u p 0 n c e r t a i n rea 1
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27
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property owned by Lessee as shown on Exhibit "A-I" attached hereto
and incorporated herein by reference.
08/10/87
-1-
EXHIBIT "A"
1
2.
INSURANCE:
Lessee shall maintain fire and extended
2 insurance upon the three temporary classroom buildings leased
3 hereby in the amount of $___~i~~~o__________.
In the event of
4 the destruction or partial destruction of the leased structures,
5 or any of them, all proceeds from any insurance shall belong to
6 Lessor. Further, Lessee shall maintain insurance for public
7 liability upon the leased premises.
Limits of said insurance
8 shall be $_~O~_~Q~________ per person and $--1, OQOJ o~.P_____
9 per accident covering public liability for personal injuries and
10 sha 11 be $ ~.5~ O(}O
covering property damage. Lessee
11 shall pay for all of said insurance as aforesaid and shall file
12 with the City Administrator of Lessor certificates of insurance
13 evidencing the insurance coverage hereinabove required.
Lessor
14 shall be named as additional insured on said policies.
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3. LOCATION OF STRUCTURES: Lessee agrees to maintain said
structures on the property of Lessee at 839 North Mt. Vernon
I
Avenue, San Bernardino, Cal ifornia, as they are presently located'
and not to remove said structures from said property without the
prior written consent of Lessor being first obtained.
4.
USE OF STRUCTURES:
Lessee agrees that said structures
21 will be used solely for the purpose of providing a child day care
22 center and related child developmental activities.
Further,
23 L e sse e s h all not res t r i c t the ad m i s s ion 0 f chi 1 d r en 0 nth e bas i s
24 0 f r ace, c 0 lor, c r e ed, r e 1 i g ion, sex, 0 r n at ion a lor i gin. L e sse e
25 agrees that the structures shall not be used for any other purpose
26 and further understands and agrees that there shall be no reli-
27 gious teaching, indoctrination, or reference to religion in any
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08/10/87
-2-
EXHIBIT "A"
1 way, manner, or form whatsoever inasmuch as Lessor is a publ ic
2 entity and subject to absolute constitutional prohibitions con-
3 cerning involvement in religious activities. Lessee agrees to
4 conduct its operations in such a manner as to not violate any such
5 constitutional restrictions or limitations. Lessee agrees that it
6 shall not use, or permit the use of, the structures leased here-
7 under in a negligent or improper manner or violate any law so as
8 to void any insurance covering the same for any purpose.
9 5. IfRM: The term of this lease shall be for a period of
10 five (5) years beginning July 1, 1987, and ending at midnight June
11 30, 1992, unless sooner terminated.
12 6. LEASE PAYMENTS: Lessee agrees to pay to Lessor, as and
13 for the use of said premises the sum of one dollar ($1.00) per
14 year for each year of the lease term, with a payment for the first
15 year payable in advance concurrently with the execution of this
16 lease, and thereafter on the second day of each calendar year
17 thereafter.
18 7. PAYMENT OF UTILITIES: Lessee shall pay for all util-
19 ities furnished to the premises for the term of this lease, in-
20 eluding electricity, gas, water, rubbish removal and telephone
21 service. Lessee shall also pay all costs of custodial services
22 necessary to maintain the premises.
23 8 . T A XES: L e sse e co v e n ant s d u r i n g the t e r m 0 f t his 1 e a s e
24 to pay, w hen due, a 11 taxes and ass e ssm en t s t hat may b e assessed
25 0 rim p 0 sed u p 0 nth e L e sse e 's po sse s s 0 r y i n t ere s tin and tot he
26 premises and on personal property that is located on the demised
27 premises. Lessee agrees to indemnify and pay all sums due here-
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08/10/87
-3-
EXHIBIT "A"
1 under forthwith upon demand therefor by Lessor.
2 9. DUTY TO MAINTAIN AND REPAIR PREMISES: Lessee agrees, at
3 its own expense, to maintain the leased buildings and appurte-
4 nances thereto in good repair, and in at least as good condition
5 as that in which they were delivered, allowing for ordinary wear
6 and tear. Lessee further agrees to maintain and keep the exterior
7 walls and roofs of the leased premises in good repair.
8 10. DELIVERY. ACCEPTANCE. AND SURRENDER OF PREMISES: Lessor
9 represents that the premises are in fit condition for use of
10 Lessee. Lessee agrees to accept the premises on possession as in
11 a good state of repai r and in sanitary condition. Lessee agrees
12 to surrender the premises at the end of the lease term, or earlier
13 termi nat ion, if the 1 ease is not renewed, to the Lesso r in the
14 same condition as when it took possession, allowing for reasonable
15 use and wear and damage by acts of God, including fire and storms.
16 Lessee agrees to remove all signs or s~mbols placed on the
17 premises by it before redelivery, and to restore to the Lessor the
18 portion of the premises on which they were placed in the same
19 condition as before their placement.
20 11 . L E S SO R 's EN TRY F OR INS P E C T I ON AND M A I NT EN AN C E: L e s s 0 r
21 reserves the right to enter on the premises at reasonable times to
22 ins p e c t the m ,or tom a k e add i t ion s 0 r a 1 t era t ion s to any par t 0 f
23 the b u 11 din g s , and Lessee a g r e e s to per m i t L e s s 0 r to d 0 so .
24 L e s s 0 r may, i n con n e c t ion wit h s u c h a 1 t era t ion s , add i t ion s ,or
25 r e p air s , ere c t s c a f f old i n g , fen c e s , and s i mil a r s t r u c t u res, po s t
26 relevant notices, and place moveable equipment without any
27 obligation to reduce Lessee's rent of the premises during such
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08/10/87
-4-
EXHIBIT "A"
II
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period, and without incurring liability to Lessee for disturbance
of quiet enjoyment of the premises, or loss of occupation thereof.
12.
PREMISES:
LESSOR'S WRITTEN APPROVAL REQUIRED FOR ALTERATIONS DE
Lessee shall not have the right, except as herei n
expressly provided, to make any alterations, improvements, or
additions to the leased premises without the prior written consent
of Lessor. Notwithstanding the foregoing, Lessee may make im-
provements that are consistent with the use of the facilities for
a day care center; provided, however, upon termination of this
lease, improvements shall become the property of the Lessor.
13. liO.-WASTE. NUISANCE. QILUNLAWFUL ll.S.E.: Lessee shall not
12 commit, or allow to be committed, any waste on the premises, or
13 nuisance, nor shall it use or allow the premises to be used for an
14 unlawful purpose.
15 14. LEASE BREACHED BY LESSEE'S RECEIVERSHIP. ASSIGNMENT
16 FOR BENEFIT OF CREDITORS, INSOLVENCY, OR BAnKRUPTCY: Appointment
17 of a receiver to take possession of Lessee's assets, Lessee's
18 general assignment for benefit of creditors, or Lessee's inso1-
19 vency or taking or suffering action under the Bankruptcy Act is a
20 breach of this lease and shall effect a termination thereof.
21 15. liCL ASSIGNMENT OR SUBLEASE WITHOUT LESSOR'S CONSENT:
22 L e sse e s h all not ass i g nth i s 1 e a s e ,or any i n t ere s t the rei n ,or
23 sub 1 e t the 1 e as e d pre m i s e s ,or any par t the reo f, 0 ran y rig h tor
24 privilege appurtenant to it, or allow any person other than Lessee
25 and its agents and employees to occupy or use the premises or any
26 par t 0 f the m , wit h 0 u t fir s t 0 b t a i n i n g L e s so r 's w r i t ten con s e n t
27 thereto. Lessor's consent to one assignment, sublease or use
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08/10/87
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EXHIBIT "A"
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shall
not be a consent to any subsequent assignment or sublease,
or occupancy or use by another person.
Any unauthorized assign-
ment or sublease shall
be void,
and shall terminate this lease at
the
Lessor's
option.
Lessee's
interest
in
this
lease
is
not
assignable by operation of law without Lessor's written consent.
16.
EFFECT OF LESSOR'S WAIVER:
Lessor's waiver of breach
of one term, covenant, or condition of this lease is not a waiver
of breach of others, nor of subsequent breach of the one waived.
Lessor's acceptance of
installments
rent
after breach is not a
waiver of the breach, except of breach of the covenant to pay the
rent installment or installments accepted.
17.
EMINENT DOMAIN -- CONDEMNATION OF ENTIRE PREMISES: In
the event that all of the demised premises be taken or con-demned
for any public or quasi-public use, this lease shall terminate as
of the date of said taking.
The awa rd for sue h tak i ng of sa i d
premises shall belong to Lessor.
18.
TERMINATION:
Either party may terminate this lease at
any time by the giving of sixty (60) days advance written notice
to the other party.
19. LESSEE TO HOLD HARMLESS:
hold Lessor, its elective
Lessee hereby agrees to, and
shall,
and
appointive
boards,
com-
missions,
officers,
agents and employees harml ess from any 1 i a-
bility
for
damage
claims
for
damage
for
personal
injury,
or
including death, as well as from claims for property damage which
25 may a r i s e fro m L e sse e 's 0 per a t ion sun d e r t his a g r e e men t , w he the r
26 sue hop era t ion s be by L e sse e 0 r by any 0 n e 0 r m 0 r e per son s d i -
27
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rectly or indirectly employed by or acting as agent for Lessee.
08/10/87
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EXHIBIT "A"
1 Lessee agrees to and shall defend City and its elective and
2 appointive boards, commissions, officers, agents and employees
3 from any suits or actions at law or in equity for damages caused,
4 or alleged to have been caused, by reason of any of the aforesaid
5 operations.
Lessee further agrees to and shall hold Lessor, its
6 elective and appointive boards, commissions, officers, agents, and
7 employees harmless from any and all costs and liability which may
8 arise in any legal action wherein constitutional issues are in-
9 volved concerning the right of Lessor to lease the premises to
10 Lessee on the terms and conditions set forth herein.
11
20. AMENDMENT: This lease may be amended or modified only
12 by written agreements signed by both parties and failure on the
13 part of either party to enforce any provision of this lease shall
14 not be construed as a waiver of the right to compel enforcement of
15 such provision or provisions, nor act to release any surety from
16 its obligations under this lease.
17
21.
SEVERABILITY:
If any section, subsection, paragraph,
18 sentence, clause, phrase, or portion of this lease is invalid or
19 shall be held to be invalid, such invalidity shall not affect the
20 validity of the balance or remainder.
21
22.
NOTICES:
All notices herein required shall be in
22 writing and delivered in person or sent by certified mail, postage
23 prepaid, addressed as follows:
24 City of San Bernardino
300 North "0" Street
25 San Bernardino, CA 92418
26 Home of Neighborly Service
839 North Mt. Vernon Avenue
27 San Bernardino, CA 92411
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08/10/87
-7-
EXHIBIT "A"
1
2
23. TIME OF ESSENCE: Time is of the essence of this lease.
24. LEASE APPLICABLE 1.0- SUCCESSORS..E..I.C...: Thi s 1 ease and
3 the terms, covenants, and conditions hereof apply to and are
4 binding on the hei rs, successors, executors, administrators, and
5 assigns of the parties hereto.
6 IN WITNESS WHEREOF, the parties hereto have executed this
7 lease on the date first hereinabove written.
8 ATTEST:
CITY OF SAN BERNARDINO
/} , /' /
Byg~~:Jl~~~
Mayor
9
10 --~t2~____
City Clerk
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HOME OF NEIGHBORLY SERVICE
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B .1'.JfL41 (jJ .1i1&fh~'1
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By :~~-L?--d~--=-
Approved as to form and legal content:
~~~
City Attorney
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08/10/87
-8-
EXHIBIT "A"
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Longmires Sub. Tract No. 1811 - M.S. 26/4
Tract No. 1734 - M.B. 26/1.3
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