HomeMy WebLinkAbout2009-183
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RESOLUTION NO. 2009-183
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO AND CASA RAMONA, INC., FOR CITY
OWNED PROPERTY LOCATED 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, a Lease Agreement with Casa Ramona, Inc., relating to
City owned property located at 1633 West Fifth Street, San Bernardino, CA, more specifically
described in the Lease Agreement, a copy of which is attached hereto as Exhibit "1", and
incorporated herein by reference.
SECTION 2. Authorization to execute the Lease Agreement is rescinded if the parties fail
to execute it within sixty (60) days of the passage ofthis Resolution.
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06/08/09
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2009-183
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND CASA RAMONA, INC., FOR CITY OWNED PROPERTY LOCATED AT 1633 WEST
FIFTH STREET, IN SAN BERNARDINO.
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1 HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a j oint regular
Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA x
x
BAXTER
BRINKER x
SHORETT x
x
KELLEY
JOHNSON x
MCCAMMACK x
held on the 6th
day of July
The foregoing resolution is hereby approved this
Approved as to Form:
06/08/09
meeting thereof
, 20~, by the following vote, to wit:
~~h.~
-
City Clerk
,.,"t~
v day of July ,20~.
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2009-183
LEASE
THIS LEASE AGREEMENT made and entered into this i,r7f- day of
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,2009, by and between the CITY OF SAN BERNARDINO, a
municipal corporation, hereinafter referred to as "Lessor", and CASA RAMONA, INC., a
nonprofit 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 terms and
conditions hereinafter set forth.
(c) Lessee desires the use of said structure, and appurtenant playground
facilities.
NOW THEREFORE, the parties hereto agree as follows:
1. Prooertv Leased.
Lessor hereby leases to Lessee, and the Lessee hereby leases from Lessor, a
structure consisting ofthree portable classrooms, bathroom facilities, playground
~
equipment and appurtenances situated on approximately 15,615 sq. ft. of land, located in
the City of San Bernardino, County of San Bernardino, State of California, described as
follows:
That portion of Lot 23, Block 24, Rancho 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:
Commencing at the northeast corner 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
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EXHIBIT 1
2009-183
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 plat marked as 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, marmer, or form whatsoever inasmuch as
Lessor is a public entity and subject to constitutional prohibitions concerning religious
activities. Lessee agrees to conduct its child day care/child development center in such a
marmer 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 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 two (2) years ("Initial Term), commencing the date both Lessor
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and Lessee have executed this Lease ("Commencement Date"), unless terminated at an earlier
date as provided in paragraph 9.
4. Lease Payments.
Upon the Commencement Date, Lessee shall pay Lessor as rent, the armual sum of Two
Thousand Four Hundred and 00/100 Dollars ($2,400.00) "Rent", payable in equal monthly
installments commencing upon the Commencement Date ("Rent Start Date"), which shall be
paid within thirty (30) days after the Commencement Date. The monthly installments shall be
in the amount of Two Hundred and 00/100 Dollars ($200.00) each month, due and payable on
the Rent Start Date, and on the same date of each month thereafter.
Payments shall be directed to:
City of San Bernardino
Development Services Department/Real Property Section
300 North "D" Street, 3rd Floor
San Bernardino, California 92418
5. Ootion to Renew.
If Lessee has fully performed all of the terms, conditions, and covenants of this Lease
for the term hereof, then upon mutual consent by both the Lessor and Lessee, the Lessee shall
have the right to extend the term of this Lease for an additional term oftwo (2) years
("Renewal Term"). The Renewal Term shall be on the terms and conditions set forth herein, or
as may be amended. 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 term 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.
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2009-183
6. 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.
7. Taxes/Possessorv 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 ofthe leased premises, should any taxes thereon be assessed against Lessor, Lessee
agrees to indemnify Lessor thereon. Lessee agrees to, and shall hold harmless, Lessor from any
and all liability for any such taxes due by virtue of Lessee's improvements, equipment,
furniture, fixtures, or other personal property.
8. 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 $1 00,000.00; and from lightning, vandalism, malicious mischief, and such other
perils ordinarily defined as "extended coverage" and other perils in a minimum amount of
$100,000.00. 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
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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
($3,000,000.00) for each person for death or personal injury, six million dollars
($6,000,000.00) in the aggregate, one hundred thousand ($100,000.00) for property damage.
Lessee shall provide to Lessor a certificate of insurance and an additional insured endorsement
that provides:
(a) The City of San Bernardino named as an additional insured.
(b) The insurance company name, policy number, period of coverage, and the
amount of insurance.
(c) That the Real Property Section of the Development Services 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 policies are not kept in force during the term of the
lease and any extension thereof, Lessor may have the option to immediately declare this Lease
in default, and to terminate said Lease.
9. Termination.
This Lease may be terminated by mutual consent of the Lessor and Lessee with sixty
(60) day written notification by either party. Upon termination of this Lease, Lessee shall
surrender the property occupied by this Lease in as good condition as it was at the time of
Lessee's entry thereof subject to the conditions herein set forth.
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10. Maintenance and Ooeration.
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 provide or
cause to be provided all security services, maintenance services, and janitorial services, which
are required for the proper care and use ofthe premises.
(a) Licenses. Lessee shall post in a prominent place and marmer 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 marmer in the premises.
11. Imorovements.
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.
12. Alterations. Additions, or Chanl!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.
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(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, and are not
caused by use of the premises by Lessee, Lessor will make them and bear all
expenses.
13. 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.
14. Insoections.
Lessor, it 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.
15. Effect of Lessor's Waiver.
Lessor's waiver of a breach of any term, covenant, or condition of this Lease is not a
waiver of a breach of any other term, covenant, or condition, nor of any subsequent breach of
the term, covenant, or condition previously waived.
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16. 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, ancestry, or
any other category protected by State or Federal law, in the leasing, sub-leasing, transferring,
use, occupancy, tenure, or enjoyment of the premises here 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, oftenants, lessees, subleases, subtenants, or vendees on the premises herein leased.
17. Assil!nments.
Lessee shall not assign this lease or sublet the said premises or any part thereof without
obtaining the prior written consent of the Lessor.
18. 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.
19. Lease Aoolicahle to Successors. 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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2009-183
.
20. Lease Breached bv Lessee's Receivershio. Assil!nment for the Benefit of Creditors.
Insolvencv. or Bankruotcv.
The appointment of a receiver to take possession of Lessee's assets, Lessee's general
assignment for the 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.
21. Eminent Domain.
If the whole of the leased premises, or so much thereof as to render the remainder
unusable for the purpose for which the same was leased, shall be taken under the power of
eminent domain, then this Lease shall terminate 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 purpose, 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 or 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 purpose).
22. 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
personal injury, including death, arising from or related to 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 Lessee. Lessee agrees to and shall defend Lessor and its
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elective and appointive boards, commissions, officers, agents and employees from any suits or
actions at law or in equity for damages, personal injuries, or death caused, or alleged to have
been caused, by reason of any of Lessee's operations under this lease.
23. 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.
24. 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
Development Services Department
Real Property Section
300 North "D" Street
San Bernardino, CA 92418
LESSEE
Casa Ramona, Inc.
1524 W. 7th Street
San Bernardino, CA 92411
25. Time of Essence.
Time is of the essence herein.
26. Comoliance with Laws.
Lessee shall not violate, nor allow the violation of, any City, State or Federal law, in
conducting its operations under this Lease.
27. Covenants.
There are no covenants or warranties other than those expressed in this Lease.
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28. Entire Al!reement.
This 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 interpret any provision of this
Lease will be entitled to recover from the losing party all attorneys' fees, court costs, and
necessary disbursements in connection with that action. The costs, salary, and expenses of the
City Attorney, and members of his office, in connection with that action shall be considered as
attorneys' fees for the purpose of this Lease.
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07/02/09
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2009-183
IN WITNESS WHEREOF, the parties have executed this Lease on the day and year set
forth at the beginning of this Lease.
LESSOR:
LESSEE:
CASA RAMONA, INC
CITY OF SAN BERNARDINO,
, City Manager
~
Date:
7/.R3/CJ/
ATTEST:
By:Q~h.~
RACHEL CLARK, City Clerk
Approved as to form:
JAMES F. PENMAN, City Attorney
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EXHIBIT "A"
PLAT MAP
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2009-183
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PROPOSED AREA TO BE LEASED TO CASA RAMONA, INC"
FOR THE PURPOSE OF A CHILD CARE FACILITY. 1633 W,
5TH STREET, SAN BERNARDINO (NUNEZ PARK),
LEGEND:
~~~~~~;~~DBY = V//////////~
File No. :15.06-172
g. CITY OF SAN BERNARDINO
PUBLIC WORKS DIVISION
!II . REAL PROPERTY SECTION
Created by: Ryan Sandoval-~
Checked by: Laszlo Fogass~
Sheet 1 of 1