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HomeMy WebLinkAbout20-Development Services ORlGlNAL CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION From: Valerie C. Ross, Director Subject: Resolution authorizing the execution of a Lease Agreement with Casa Ramona, Inc. for City owned property located at 1633 W. Fifth Street. Dept: Development Services Date: June 15,2009 File: 15.06-172 MCC Date: July 6, 2009 Synopsis of Previous Council Action: 11/17/1997 - Resolution No. 97-342 authorizing the execution of a new lease agreement with the Diocese of San Bernardino Education and Welfare Corporation for the benefit of Guadalupe Child Development Center. 06/18/2007 - Resolution No. 2007-187 authorizing the execution of an amendment to the Lease Agreement with the Diocese of San Bernardino Education and Welfare Corporation was approved. Recommended Motion: Adopt Resolution. ~ (). KJ#- Valerie C. Ross Contact Person: Ryan Sandoval Phone: 5226 Supporting data attacbed: Staff Report, Maps, Letter, Reso, & Agreement Ward(s): FUNDING REQUIREMENTS: Amount: None Source: (Acct. No.) N/A Acct. Description: N/A Finance: Council Notes: pc:qJ d009 - /,P3 Agenda Item No. '2J) 1-(,-0'1 CITY OF SAN BERNARDINO REOUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: Resolution authorizing the execution of a Lease Agreement with Casa Ramona, Inc. for City owned property located at 1633 W. Fifth Street. BACKGROUND: The Diocese of San Bernardino Education and Welfare Corporation is currently leasing a structure consisting of three portable classrooms and bathroom facilities at Nunez Park for the benefit of Guadalupe Child Development Center. This is a non-profit organization that operates as a day care center primarily for low-income families. Since 1977 three leases and two amendments have been executed and the current lease term expires June 30, 2012. On February 9, 2009, staff received a letter from the Diocese of San Bernardino Guadalupe Child Development Program notifYing the City that the Guadalupe Child Development Program's contract for childcare services will not be renewed, and will no longer be sponsored by the Diocese of San Bernardino, and therefore will be terminating the lease with the City effective June 30, 2009. Staff responded to the Diocese of San Bernardino acknowledging and accepting their notice to terminate, pursuant to Section 8 of the original Lease Agreement, which states "This Lease shall be terminable at the option of either party upon the service of ninety- (90) day's advance written notice of such termination to other party". Under the "First Five" program, Guadalupe Child Development Program had installed playground equipment and appurtenances on the site. The playground equipment is to remain on the site per the lease agreement. A letter dated May 18,2009, was received by stafffrom Casa Ramona, Inc., a non profit corporation, showing interest in leasing the structure that the Diocese was using. Casa Ramona has been operating a child care center for over 30 years and is in need of a temporary location. Casa Ramona's current child care center is located at 1524 W. 7th Street, however because of the need to rebuild the Casa Ramona Community Center, they must relocate their child care center for a minimum of two years to allow the demolition and construction of the new center. Casa Ramona is requesting to lease the property for $200 per month for a period of two years, with an option to extend the lease for an additional two years. The current monthly rent paid by the Diocese is $156.25. The lease will also include use of the playground equipment. Casa Ramona will maintain all leased facilities at their expense, as well as pay all utilities used for the premises. Final walk-thru and turn over of keys with current tenant will be completed on June 30,2009. The attached resolution authorizes the execution of a lease agreement with Casa Ramona, Inc. 2 for a two year term commencing the day both parties execute the lease, and also includes the option to renew the lease for an additional two year term upon mutual agreement by both parties. FINANCIAL IMPACT: Annual revenue of $2,400 from lease payments. Casa Ramona will maintain the facility and pay all the utilities and other costs associated with the operation of the day care center. RECOMMENDATION: Adopt Resolution. ATTACHMENTS: Vicinity Map Plat Map - Letter of Termination (Diocese of San Bernardino) - Letter Requesting to Lease (Casa Ramona) 3 Highland Ave. >- ~ in ~ tu .. Base Line St. en " 9th St . ~ 5th Sl 0 E . Rialto Ave. . ~ MillS\. ~ 0 ~ 8- Orange how Rd. .9- .... Location of Proposed Lease Area )( VICINITY MAP I] NO SCALE :I a CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT REAL PROPERTY SECTION Proposed Lease Agreement with Casa Ramona Inc., located between 4th Street & 5th Street, west of Tiajuana Street, known as 1633 W. 5th Street (Nunez Park). ~ indicates un-incorporated areas within City's ~ Sphere of Influence Created by: Ryan Sandoval Date: 06/08/09 1 ffi .-: ai o I..... ~ - 41.25 fa 1::5 -~- 5TH STREET '" ~ ;;: ~ ;;: o POC 30 1 0138-161-03 ~ 56.00 N NEZ PAR 161-01 0138-161-02 )1 22 ~~~~ \~o ~ 'O'C o s~ I~ ~G'0 '0. 1 ~~ ~. ?\ . 83.50 23 129.00 "- 0138-161-04 ~ "- '" _U iM :I 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//////////~ 212,50 - - 4TH STREET I '- '" ~ ;;: [iI'. ',.. CITY OF SAN BERNARDINO PUBLIC WORKS DIVISION !lI ~ REAL PROPERTY SECTION Created by: Ryan Sandoval '~ Checked by: Laszlo FOgaSS{9r/ Sheet 1 of 1 Date: Go ~ I 0'1 Date: /, j "'. fjl'q File No. :15.06-172 'H c c 0; ;;; ..... Itlj ~ CI) I~ ~ ~ I...., S J..,;; 30 Diocese of San Bernardino Guadalupe Child Development Program 1633 W. 5th Street San Bernardino, CA 92411-0130 Office: (909) 885-0510 Fax: (909) 885-7422 E-mail: director .guadalupe.ocs@sbdiocese.org State of California License # 360906591 Director: Miss Rosa M. Gouveia Secretary: Mrs. Julianne G. Martinez February 9, 2009 Ryan Sandoval Real Property Specialist City of San Bernardino Development Services Dept 300 North D Street San Bernardino, CA 92418 Dear Mr. Sandoval, The Office of CathoVc Schools within the Diocese of San Bernardino has partnered with the California Department of Education for the past 35 years to spollSor the Guadalupe Child Development Progrnm and has leased the building and property which currently houses the progrnm for over'25 years. Many families have benefited from their child's early childhood educational experience with us over the years and many continue to be in great need of service. With the uncertainty of the current ecouomic status, budget challenges, the demand of State procedures, and enrolhnent policies/requirements, the Diocese is no longer able to continue its fiuancial support to sponsor the Guadalupe Progrnm and must relinquish its current lease agreement with the City of San Bernardino. This letter is to inform you of the executive decision of the Board of Diiectors of me Guadalupe Child Development Center to relinquish our contract with the State at the end of June 2009. As of July I, 2009, the contract for childcare services will not be renewed and the Center will no longer be sponsored by the Diocese of San Bernardino. Therefore, we will no longer lease the facility. We have contacted and informed our State Analyst, Ms. Nancy De Armond, in the Department of Education. The. file number associated with the lease is 15.06064. Kindly contact me or Annette Zaleski so we can discuss the next step and complete any other further paperwork required. Sincerely, ) i / .,.):/ 'r: / \7Ct.l t ~-~(.cG Rosa M. Gouveia Preschool Progrnm Director Guadalupe Child Development Center (j)./ w~J,,; tr<, 4/ (.{ (nnette Zaleski I Associate Supe' endent Office of Catholic Schools CC: Sister Sara Kane, CSJ - Superintendent Sister Alice Molina, RSHM - Director Miuistry Educational Services Mary Rose Wallace - Chief Financial Officer DEVELOPMENT SERVICES DEPARTMENT ',,," 300 North "D" Street. San Bernardino. CA 92418-0001 Planning & Building 909.384.5057 . Fax: 909.384.5080 Public WorkslEngineering 909.384.5111. Fax: 909.384.5155 www.sbcily.org March 18, 2009 DIOCESE OF SAN BERNARDINO GUADALUPE CHILD DEVELOPMENT PROGRAM Altn: Rosa M. Gouveia 1633 W. 5th Street San Bernardino, CA 92411-0130 RE: File No. 15.06-064 - Diocese of San Bernardino Lease @ Nunez Park Ms Rosa M. Gouveia, In response to the letter received from your office dated February 9, 2009, the City of San Bernardino acknowledges and accepts the notice of termination of the Lease, Pursuant to Section 8 of the Lease Agreement entered into between the City of San Bernardino and the Diocese of San Bernardino Education and Welfare Corporation for the Benefit of Guadalupe Child Development Center. Termination of this Lease will be effective June 30, 2009, which is the date your letter mentions as the last day of your contract for child services with the State of California. I will call your office to set up a walk through with our Parks & Recreation Department and the transfer of keys to the building in the coming months. If you need further assistance, please feel free to call this office at 909-384-5226. Sincerely, --\~ RYAN SANDOVAL Real Property Specialist .---J Cc: Henry Empcno. City l\ttorney"s Office K~vin IIawkins. Parks & Ri;crealion Curtis Rrown. P;lfks & Recreation lim Shar!.:r. Facilities \lallagcmcnt CASA RAMONA INC. 1524 W. 7TH STREET SAN BERNARDINO, CALIF. 92411 MAY 18, 2009 MR. LES FOGASSY PROPERTY MANAGEMENT CITY OF SAN BERNARDINO 300 N. "D" ST. SAN BERNARDINO,CA. 92401 fO) rn @ rn u WI rn fn'I If\J MAY 18 2u09 l0 ~fTY OF SAN BERNARDINO DEVELOPMENT SERVICE' r)::Di-;RT~.'~FNT ..... DEAR MR. FOGASSY: MY NAME IS CONSUELO FLORES, I REPRESENT CASA RAMONA, INC. I UNDERSTAND THAT THE GUADALUPE ClllLD CARE CENTER AT NUNEZ PARK WILL BE V ACA TING THE PREMISES AT TIlE END OF JUNE. ON ~EHALF OF CASA RAMONA INC., WE ARE INTERESTED IN LEASING THE SITE FROM THE CITY. CASA RAMONA, INC. OPERATES A CHILD CARE CENTER AT OUR CURRANT LOCATION AT 1524 W. 7TH STREET IN SAN BERNARDINO. WE HAVE BEEN OPERATING A CHILD CARE CENTER FOR OVER 30 YEARS. HOWEVER. BECAUSE OF TIlE NEED TO REBUILD THE CASA RAMONA COMMUNITY CENTER. WE MUST RELOCATE OUR ClllLD CARE CENTER FOR A COUPLE OF YEARS, ALLOWING FOR THE DEMOLITION AND CONSTRUCTION OF THE NEW CASA RAMONA CENTER. OUR STATE DEPT. OF EDCUATION CHILD DEVELOPMENT CONSULTANT IS THE SAME CONSULTANT FOR THE GUADALUPE CENTER. SO, WE ARE CERTAIN THAT TIlE FACILITY MEETS ALL THE SAFETY REGULATIONS OF TIlE STATE. WE ARE PREPARED TO OFFER A MONTHLY LEASE PAYMENT OF $200.00 PER MONTIl FOR A PERIOD OF 2 YEARS WITIl A TWO YEAR OPTION. TIllS OPTION IN CASE WE NEED MORE TIME. PLEASE ADVISE US ON HOW WE SHOULD PROCEED. THANK YOU, Ce~& 7fh~ CONSUELO FLORES, CLERK CASA RAMONA CHILD CARE CENTER 909-889-0011 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 (CQ)[P)f RESOLUTION NO. 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 "I ", 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 of this Resolution. / / / / / / 06108109 '!-h'c71 -=Jl.QO 1 1 2 3 4 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 FIITH STREET, IN SAN BERNARDINO. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a meeting thereof 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 The foregoing resolution is hereby approved this held on the day of , 20_, by the following vote, to wit: Council Members: A YES NAYS ABSTAIN ABSENT ESTRADA BAXTER BRINKER SHORETT KELLEY JOHNSON MCCAMMACK City Clerk day of ,20_. 21 22 23 24 25 26 27 28 PATRICK J. MORRIS, Mayor City of San Bernardino Approved as to Form: 06/08/09 2 LEASE THIS LEASE AGREEMENT made and entered into this day of ,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. ProDertv Leased. Lessor hereby leases to Lessee, and the Lessee hereby leases from Lessor, a structure consisting of three 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 Cali fomi a, described as follows: 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 EXHIBIT "I" 07/02/09 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, manner, 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 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 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 07/02/09 2 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 annual 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. Option 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 of two (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. 07/02/09 3 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 of the 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 $100,000.00; 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 07/02/09 4 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. 07/02/09 5 10. Maintenance and Operation. 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 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. 11. Improvements. 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 Required 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. 07/02/09 6 (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. Inspections. 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 ofthis 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. 07/02/09 7 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, of tenants, lessees, subleases, subtenants, or vendees on the premises herein leased. 17. Assilmments. 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 ofthis Lease shall not be affected thereby and shall be enforceable to the fullest extent permitted by law. 19. Lease Applicable 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. 07/02/09 8 20. Lease Breached bv Lessee's ReceivershiD, Assil!nment for the Benefit of Creditors, Insolvencv, or BankruDtcv. 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 07/02/09 9 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 Cilsa Ramona, Inc. 1524 W. 7th Street San Bernardino, CA 92411 25. Time of Essence. Time is of the essence herein. 26. Comnliance 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. 07102/09 10 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. 1// 1// 07/02/09 11 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, EXHln~IT COpy By: CHARLES E. MCNEELY, City Manager EXHHSIT COpy By: JERRY CASILLAS, Board President Date: Date: ATTEST: By: EXHiBIT COPY RACHEL CLARK, City Clerk Approved as to form: By: EXHIBIT COPY JAMES F. PENMAN, City Attorney 07/02/09 12 EXHIBIT "A" PLAT MAP 07/02/09 13 1 lli ~ ~ o I..,J ~ - 41.25 lil I~ -~- '" ~ ... 1:; ;; 5TH STREET -~ o POC 1.0 I 0138-161-03 _U +n :I 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//////////~ 2 56.00 N NEZ PAR 161-01 0138-161-02 ) 1 2 2 ?-~ I>-<?: ~~o '\'\ 'Os o s~ I~ ,\,\G'0 '0. 1 ?-~ ~. ?\ 83.50 23 '" 0138-161-04 ~ '" '" 212.50 - - 4TH STREET '" ~ ... W'O CITY OF SAN BERNARDINO PUBLIC WORKS DIVISION j .. REAL PROPERTY SECTION Created by: Ryan Sandoval Checked by: Laszlo Fogassy Sheet 1 of 1 - - Date: Date: File No. :15.06-172 129.00 -+< c c 0; ;:; to- Itlj e: CI) I~ <:: ~ I""') :$ ~ 1.0 LEASE THIS LEASE AGREEMENT made and entered into this day of ,2009, by and between the CITY OF SAN BERNARDINO, a municipal corporation, hereinafter referred to as "Lessor", and CAS A 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. ProDertv Leased. Lessor hereby leases to Lessee, and the Lessee hereby leases from Lessor, a structure consisting of three portable classrooms, bathroom facilities, playground equipment and appurtenances situated on approximately 15,615 sq. ft. ofland, 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 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 07/02/09 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 ofrace, 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 concerning 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 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 07/02/09 2 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 annual 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 montWy installments shall be in the amount of Two Hundred and 0011 00 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 DepartmentlReal Property Section 300 North "D" Street, 3rd Floor San Bernardino, California 92418 5. Option 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 of two (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. 07/02/09 3 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 of the 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, atits 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 $100,000.00; and from lightning, vandalism, malicious mischief, and such other perils ordinarily defined as "extended coverage" and other perils in a minimum amount of $ I 00,000.00. 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 07/02/09 4 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. 07/02/09 5 10. Maintenance and Operation. 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 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. 11. Improvements. 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 Required 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. 07/02/09 6 (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. 07/02/09 7 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, of tenants, lessees, subleases, subtenants, or vendees on the premises herein leased. 17. Assie: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 Applicable 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. 07/02109 8 20. Lease Breached bv Lessee's Receivership. Assil!Jlment for the Benefit of Creditors. Insolvencv. or Bankruptcv. The appointment ofa 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 07/02/09 9 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 isof the essence herein. 26. Compliance 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. 07/02/09 10 28. Entire Aereement. 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. /II /II 07/02/09 11 IN WITNESS WHEREOF, the parties have executed this Lease on the day and year set forth at the beginning of this Lease. LESSOR: LESSEE: CITY OF SAN BERNARDINO, CASA RAMONA, INC By: CHARLES E. MCNEELY, City Manager By: JERRY CASILLAS, Board President Date: Date: ATTEST: By: RACHEL CLARK, City Clerk. Approved as to form: JAMES F. PENMAN, City Attorney 07/02/09 12 EXHIBIT "A" PLAT MAP 07/02/09 13 - 5TH STREET I In .-; ~ o I.... ~ - 41.25 fil 1:!5 -~- .,., '" " .,., ~ :;: -~ o POC 30 I 0138-767-03 _U iM :I 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///////// /c01 2 56.00 N NEZ PAR 761-07 0738-167-02 ? 1 2 2 '?-~~~ \~o ~ 'Os o s~ /7.- ~c0 ~. 1 ,?y ~. 1(\ 83.50 23 ..... 0138-767-04 :;; ..... '" 212.50 - - 4TH STREET I '- .,., '" :;: ~.. ... CITY OF SAN BERNARDINO PUBLIC WORKS DIVISION .111 .. REAL PROPERTY SECTION Created by: Ryan Sandoval -~ Checked by: Laszlo FogasS~) Sheet J... of .1 Date: tv / S / 0'1 Date: ,/ ({ t'q File No. :15.06-172 129.00 +< c c 0; ;:; .... Itlj ~ CI) 11IC;( ~ ~ 1-, :$ j-;; 30