HomeMy WebLinkAbout63-Public Works
'CIT~' OF SAN BERNARDI twO -
REQU~ FOR COUNCIL AC'...JoN
/,p<9-
From: ROGER G. HARDGRAVE, Director
Dept: Public Works Department
Date: August 12, 1987
REC'D.-A~l#ecP'FF.
l,n' ":' ~ 5 r'~ 4' .., ~
.:.;J! f,VI) I.. .1' ~u
LEASE RENEWAL:
Home of Neighborly Services lease
from the Ci ty for Temporary Classrooms
on Union St. E/O Mt. Vernon Ave.
FILE NO.15.06-56
Synopsis of Previous Council action:
None
Recommended motion:
Adopt Resolution
cc: Raymond Schweitzer,City Administrator
James Penman, City Attorney
Phone:
384-5328
Lewis E. Little
Contect perlon:
Supporting data IUached: Staff Rpt.,Resolution, and Map
None
Ward:
1
FUNDING REQUIREMENTS:
Amount:
Sourca: (ACCT. NO.)
(ACCT. DESCRIPTION)
Finance:
Council Notel:
i~.
A ___...._ 1...__ "1_
C.lT'y OF SAN BIRNARDI~ - REQUht FOR COUNCIL AC11bN
STAFF REPORT
On June 10. 1977, the City executed a lease with the Home of Neighborly
Services. for the lease of 3 temporary classrooms from the City. The
classrooms are located on property owned by the Home of Neighborly Services
located on Union Street, East of Mt. Vernon Avenue. The classrooms are used
as a day care center run by the Home of Neighborly Services. This lease
expired on June 9, 1987.
The previ ous lease was for the amount of $1.00 per year for a peri od of ten
years. The City is also leasing property from the Home of Neighborly
Services. for Park and Recreation purposes. located East of the day care
center, for $1.00 per year for a period of five years.
We are recommending that the lease be renewed for a period of five years and
that the rate of $1.00 per year remai n.
,
,
~OLUTION NO. ~
1
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
3 OF SAN BERNARDINO AS FOLLOWS:
4
SECTION 1.
The Mayor of the C1ty of San Bernard1no 1s
5 author1zed and d1rected to execute on behalf of sa1d C1ty a Lease
6 w1th the Home of Ne1ghborly Serv1ce relat1ng to certa1n structures
7 s1tuated at 839 North Mt. Vernon Avenue, a copy of wh1ch 1s
8 attached hereto, marked Exh1b1t "A" and 1ncorporated here1n by
9 reference as fully as though set forth at length.
10 I HEREBY CERTIFY that the forego1ng resolut1on was duly
11 adopted by the Mayor and Common Counc1l of the C1ty of San
12 Bernard1no at a
13 the day of
14 to w1t:
meet1ng thereof, held on
, 1987, by the follow1ng vote.
15
16
17 NAYS:
AYES:
Counc1l Members
18 ABSENT:
19
20
21
22 day of
C1ty Clerk
The forego1ng resolut1on 1s hereby approved th1s
, 1987.
23
24
Mayor of the C1ty of San Bernard1no
25
Approved as to format and legal content:
W /) J f~
ty Attorney
..... - I 1_
/
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
.L. .E. A S.E.
Three Temporary Classrooms for Day Care Center Use--
Mt. Vernon Avenue
TH1S LEASE is made and entered into this day of
, 1987, by and between the CITY OF SAN
corporation.
hereinafter referred to as
BERNARDINO,
a municipal
and the HOME
a
non-profit
SERVICE,
NEIGHBORLY
OF
"Lessor,"
corporation. hereinafter referred to as "Lessee."
~ 1 I H .E. S S .E. I H:
WHEREAS,
Lessor owns three temporary cl assroom structures
which are suitable for Lessee's use as hereinafter provided; and
WHEREAS, Lessee desires to lease said structures from Lessor
and to maintain said structures upon certain real property owned
by Lessee at 839 North Mt. Vernon Avenue, San Bernardino, Cali-
fornia; and
WHEREAS, Lessor des i res to 1 ease sa i d temporary cl ass room
structures to Lessee on the terms and conditions hereinafter set
forth;
NOW,
THEREFORE,
in consideration of the mutual covenants,
conditions, provisions, promises
herein, it is agreed as follows:
and legal
detriments contained
1.
STRUCTURES LEASED:
Lessor hereby leases to Lessee, on
the terms herein contained,
three temporary classroom structures
presently in the possession of Lessee and situated at 839 North
25 Mt. Vernon Avenue, San Bernardino, California, upon certain real
26 property owned by Lessee as shown on Exhibit "A-l" attached hereto
27 and incorporated herein by reference.
28
08/10/87
-1-
EXHIBIT "A"
~",,,
.....,/
1 2. INSURANCE: Lessee shall ma1nta1n f1re and extended
2 1nsurance upon the three temporary classroom bu1ld1ngs leased
3 hereby 1n the amount of $ ~5, 0190 In the event of
4 the destruct10n or part1al destruct10n of the leased structures,
5 0 r any of them, all proceeds from any 1 nsu rance shall be long to
6 Lessor. Further, Lessee shall ma1nta1n 1nsurance for pub11c
7 l1ab1l1ty upon the leased prem1ses. L1mits of sa1d 1nsurance
8 shall be $ SOO,1900 per person and $ /. O(XJ, O(JO
9 per acc1dent cover1ng pub11c l1ab1l1ty for personal 1njur1es and
10 shall be $ .gs, OOcJ cover1 ng property damage. Lessee
11 shall pay for all of sa1d 1nsurance as aforesa1d and shall flle
12 w1th the City Adm1n1strator of Lessor cert1f1cates of 1nsurance
13 ev1denc1ng the 1nsurance coverage here1nabove requ1red. Lessor
14 shall be named as add1t10nal 1nsured on sa1d po11c1es.
15 3. LOCATION OF STRUCTURES: Lessee agrees to ma1nta1n sa1d
16 structures on the property of Lessee at 839 North Mt. Vernon
17 Avenue, San Bernard1no, Ca11forn1a, as they are presently located
18 and not to remove sa1d structures from sa1d property without the
19 pr10r wr1tten consent of Lessor be1ng f1rst obta1ned.
20 4. USE OF STRUCTURES: Lessee ag rees that sa 1 d structu res
21 w1ll be used solely for the purpose of prov1d1ng a ch1ld day care
22 center and related ch1ld developmental act1vit1es. Further,
23 Lessee shall not restr1ct the adm1ss10n of ch1ldren on the bas1s
24 of race, color, creed, re11g10n, sex, or nat10nal or1g1n. Lessee
25 agrees that the structures shall not be used for any other purpose
26 and further understands and agrees that there shall be no re11-
27 g10us teach1ng, 1ndoctr1nat10n, or reference to re11g10n 1n any
28
08/10/87
-2-
EXHIBIT "An
1 way. manner, or form whatsoever inasmuch as Lessor is a publ ic
2 entity and subject to absol ute constftutional 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. IfBM: 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 uti 1-
19 fties furnished to the premises for the term of this lease. in-
20 cluding 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. TAXES: Lessee covenants during the term of this lease
24 to pay. when due, all taxes and assessments that may be assessed
25 or imposed upon the Lessee's possessory interest in and to the
26 premises and on personal property that is located on the demised
27 premises. Lessee agrees to indemnify and pay all sums due here-
28
08110/87
-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 repair and in sanitary condition. Lessee agrees
12 to surrender the premises at the end of the lease term, or earlier
13 termination, if the lease is not renewed, to the Lessor 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 symbols 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. LESSOR'S ENTRY FOR INSPECTION AND MAINTENANCE: Lessor
21 reserves the right to enter on the premises at reasonable times to
22 inspect them, or to make additions or alterations to any part of
23 the b u 11 dings, and Lessee ag rees to pe rm it Lesso r to do so.
24 Lessor may, in connection with such alterations, additions, or
25 repairs, erect scaffolding, fences, and similar structures, post
26 relevant notices, and place moveable equipment without any
27 obligation to reduce Lessee's rent of the premises during such
28
08110/87
-4-
EXHIBIT "A"
,,~
~. "'"
1 period. and without incurring liability to Lessee for disturbance
2 of quiet enjoyment of the premises. or loss of occupation thereof.
3 12. LESSOR'S WRITTEN APPROVAL REQUIRED FOR ALTERATIONS .llE
4 PREMISES: Lessee shall not have the right, except as herein
5 expressly provided, to make any alterations, improvements, or
6 additions to the leased premises without the prior written consent
7 of Lessor. Notwithstanding the foregoing, Lessee may make im-
8 provements that are consistent with the use of the facilities for
9 a day care center; provided, however, upon termination of this
10 lease, improvements shall become the property of the Lessor.
11 13. tllLWASTE. NUISANCE. QILUNLAWFUL~: 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 unl awful purpose.
15 14. LEASE BREACHED BY LESSEE'S RECEIVERSHIP. ASSIGNMENT
16 FOR BENEF IT OF CREDITORS, I NSOL VENCY, OR BANKRUPTCY: Appo i ntment
17 of a receiver to take possession of Lessee's assets, Lessee's
18 general assignment for benefit of creditors. or Lessee's insol-
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. tllL ASSIGNMENT OR SUBLEASE WITHOUT LESSOR'S CONSENT:
22 Lessee shall not assign this lease, or any interest therein, or
23 sublet the leased premises. or any part thereof, or any right or
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 part of them. without first obtaining Lessor's written consent
27 thereto. Lessor's consent to one assignment, sublease or use
28
08/10/87
-5-
EXHIBIT "A"
.
-......""
,,--;..,1
1 shall not be a consent to any subsequent assignment or sublease,
2 or occupancy or use by another person. Any unauthorized assign-
3 ment or sublease shall be void, and shall terminate this lease at
4 the Lessor's option. Lessee's interest in this lease is not
5 assignable by operation of law without Lessor's written consent.
6 16. EFFECT OF lESSOR'S WAIVER: Lessor's waiver of breach
7 of one term, covenant, or condition of this lease is not a waiver
8 of breach of others, nor of subsequent breach of the one waived.
9 Lessor's acceptance of rent installments after breach is not a
10 waiver of the breach, except of breach of the covenant to pay the
11 rent installment or installments accepted.
12 17. EMINENT DOMAIN -- CONDEMNATION OF ENTIRE PREMISES: In
13 the event that all of the demised premises be taken or con-demned
14 for any public or quasi-public use, this lease shall terminate as
15 of the date of said taking. The award for such taking of said
16 premises shall belong to Lessor.
17 18. TERMINATION: Either party may terminate this lease at
18 any time by the giving of sixty (60) days advance written notice
19 to the other party.
20 19. LESSEE TO HOLD HARMLESS: Lessee hereby agrees to, and
21 shall, hold Lessor, its elective and appointive boards, com-
22 missions, officers, agents and employees harmless from any lia-
23 bllity for damage or claims for damage for personal injury,
24 including death, as well as from claims for property damage which
25 may arise from Lessee's operations under this agreement, whether
26 such operations be by Lessee or by anyone or more persons di-
27 rectly or indirectly employed by or acting as agent for Lessee.
28
08110/87
-6-
EXHIBIT "A"
1 Lessee agrees to and shall defend C1ty and 1ts elect1ve and
2 appo1nt1ve boards, comm1ss1ons, off1cers, agents and employees
3 from any su1ts or act10ns at law or 1n equ1ty for damages caused,
4 or alleged to have been caused, by reason of any of the aforesa1d
5 operat1ons.
Lessee further agrees to and shall hold Lessor, 1ts
6 elect1ve and appo1nt1ve boards, comm1ss1ons, off1cers, agents, and
7 employees harmless from any and all costs and l1ability wh1ch may
8 ar1se 1n any legal act10n where1n const1tut1onal 1ssues are 1n-
9 volved concern1ng the r1ght of Lessor to lease the prem1ses to
10 Lessee on the terms and cond1t1ons set forth here1n.
11
20. AMENDMENT: Th1s lease may be amended or mod1f1ed only
12 by wr1tten agreements s1gned by both part1es and failure on the
13 part of e1ther party to enforce any prov1s1on of th1s lease shall
14 not be construed as a wa1ver of the r1ght to compel enforcement of
15 such prov1s1on or prov1s10ns, nor act to release any surety from
16 1ts ob11gat1ons under th1s lease.
17
21.
SEVERABILITY:
If any sect10n, subsect1on, paragraph,
18 sentence, clause, phrase, or port1on of th1s lease 1s 1nva11d or
19 shall be held to be 1nva11d, such 1nva11dity shall not affect the
20 valid1ty of the balance or remainder.
21
22.
NOTICES:
All not1ces herein required shall be in
22 writing and delivered 1n person or sent by certif1ed mail, postage
23 prepa1d, addressed as follows:
24 C1ty of San Bernard1no
300 North non Street
25 San Bernard1no, CA 92418
26 Home of Ne1ghborly Service
839 North Mt. Vernon Avenue
27 San Bernardino, CA 92411
28
08110/87
-7-
EXHIBIT "An
\.
,--'
.-......
1
2
23. TIME OF ESSENCE: Time is of the essence of this lease.
24. LEASE APPLICABLE IJLSllCCESSORS. fIC...: This lease and
3 the terms, covenants, and conditions hereof apply to and are
4 binding on the heirs, 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
9
10
11
12
13
14
15
16
By:
City Clerk
Mayor
HOME OF NEIGHBORLY SERVICE
By:
By:________________________
Approved as to form and legal content:
_1~~
City Attorney
21
22
23
24
25
26
27
28
08/10/87
-8-
EXHIBIT "A"
~ ( .,~ '..
"
;
..-..- 9 TH
.
s
i .l.' . I
. '61' 6 -+-r
, . :
nl(]) 7 ~
ft<1' . 8
t30\ 9
'G'
:! @ 10
~
. "",
.. /I
.. Ii!')
..
.._~ UNION
,
22 ~.
. I
-----..,- -----,
23'
_...___.,L____ _
. 24 .C
119. 21
~.
'. · :;4') ac,.
.. '-.,' ,-
~
0'<>
~:~
Q ..{J (/3:
~ <?IT -
....
".,.. ~"
.
.
. I."
1 i
i,~: 0i ~ 0
,
.so
3."1.59'
.~"'41
J
161 '.
. 0
~. ..
,
~
(2 )
"-."
4
''"\2
l'
,
12
13 14 IS /6
iZE> + ~,
(z.5i @ @: ~"'"
~-'
"I
,
~~
10 STRffT'~ l241~ II
(1;
,j
l"Iff." " ~
I ..
I I S~~T~cS .
I I ~ l-E/tS;;O FPDf'I .. .
l' ,,'
I I , THe CiTY ~
I
i
.20 19 /e '17
I
25 26 27 28 29
.
(12) (Ii'. i/o', (9\ .,-.~
~. '-../ ~ '-::..I i!.~
,
@
6 In ~~
--~- 8 TH
..
.'.8
.
..
Longmires Sub, Tract No, /8/1 - ft,f,8. 26/4
Tract No. 1734 - M.B 26/13
\
DJj;()/I?
EXHIBIT A-I
--..-
M.B.7/2
@-
--.[
,.Q
l4J
::)
2:
l4J
:>
<(
cr
l4J
;Z
cr
<(
~
~Q'
BlK
d+8
i.sS.
@