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HomeMy WebLinkAbout12725 1 RESOLUTION NO. /,;;7 7;;',s- / 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LEASE WITH THE HOME OF NEIGHBORLY SERVICE RELATING 3 TO CERTAIN STRUCTURES SITUATED AT 839 N. MT. VERNON AVENUE. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 5 6 7 8 SECTION 1. The Mayor of the City of San Bernardino is authorized and directed to execute on behalf of said City a lease with the Home of Neighborly Service relating to certain structures 9 situated at 839 N. Mt. Vernon Avenue, a copy of which is attached 10 hereto, marked Exhibit "I" and incorporated herein by reference. as 11 12 fully as though set forth at length. 13 I HEREBY CERTIFY that the foregoing resolution was,~uly adopted by the Mayor and Common Council of the City of San 14 '~~~ , 1977, by the following vote meeting thereof, held Bernardino at a on the ~/~ day of 15 16 to wit: 17 18 19 ~~~~~7:;-4;' ~./<€7<~ )J, 7.-4-rl P ./ o . . C'--7 '-/ /J ~/~#//~..d_4~ ~A~/P"h / /I (/~ /'v<>'//~ ).r/ " - City 1 k "/ resolution is hereby approved this ~~ day AYES: NAYS: 20 21 ABSENT: 22 23 The foregoing 4J7~.--4J , 1977. 24 25 26 27 of Approved as to form: ~~..e: City At rney ty of Sa ILED WAR 24fd77 LUCIU".E GOFORTH, Cily CI8llr . -2/:1 ~~0~.. // p' 28 1 2 3 4 5 ',I II " II 'I I LEASE (three temporary classrooms for day care center use -- Mt. Vernon Avenue) (lHIS LEASE is made and entered into this /~1f day of /)L~ , 1977, 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 WIT N E SSE T 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 13 Lessor and to maintain said structures upon certain real 14 property owned by Lessee at 839 N. Mt. Vernon Avenue, San 15 Bernardino, California; and 16 WHEREAS, Lessor desires to lease said temporary classroom 17 structures to Lessee on the terms and conditions hereinafter 18 set forth; 19 NOW, THEREFORE, in consideration of the mutual covenants, 20 conditions, provisions, promises and legal detriments contained 21 herein, it is agreed as follows: 1. STRUCTURES LEASED: Lessor hereby leases to Lessee, 22 23 24 25 26 27 28 on the terms herein contained, three temporary classroom structures presently in the possession of Lessee and situated at 839 N. Mt. Vernon Avenue, San Bernardino, California, upon certain real property owned by Lessee as shown on Exhibit "A" attached hereto and incorporated herein by reference. 2. INSURANCE: Lessee shall maintain fire and extended 1 insurance upon the three temporary classroom buildings leased 00 2 hereby in the amount of $ ,2f)" 000 / In the 3 event of the destruction or partial destruction of the leased 4 structures, or any of them, all proceeds from any insurance 5 shall belong to Lessor. Further, Lessee shall maintain insurance 6 for public liability upon the leased premises. Limits of said 7 insurance shall be $ 3 t?t7 0 C7 (7 / , , per person and 8 $ /, 0 0 C7 C (7 <7 / ' 0'" per accident covering public "0 9 liability for personal injuries and shall be $ 25 (/vC" / 10 covering property damage. Lessee shall pay for all of said 11 insurance as aforesaid and shall file with the City Administrator 12 of Lessor certificates of insurance evidencing the insurance 13 coverage hereinabove required. Lessor shall be named as 14 additional insured on said policies. 15 3. LOCATION OF STRUCTURES: Lessee agrees to maintain 16 said structures on the property of Lessee at 839 N. Mt. Vernon 17 Avenue, San Bernardino, California, as they are presently located 18 and not to remove said structures from said property without the 19 prior written consent of Lessor being first obtained. 20 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 Lessee shall not restrict the admission of children on the basis 24 of race, color, creed, religion, sex, or national origin. Lessee agrees that the structures shall not be used for any other purpose 25 26 27 28 and 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 -2- . 1 public entity and subject to absolute constitutional prohibitions 2 concerning involvement in religious activities. Lessee agrees to 3 conduct its operations in such a manner as to not violate any 4 such constitutional restrictions or limitations. Lessee agrees 5 that it shall not use, or permit the use of, the structures leasec 6 hereunder in a negligent or improper manner or violate any law 7 so as to void any insurance covering the same for any purpose. 8 5. TERM: The term of this lease 'l beginning ~/~~ /\, >Lu~ 9 shall be for a period 9 of ten (10) years, /0 , 1977, and 10 ending at midnight , 1987, unless sooner 11 terminated. v 12 6. LEASE PAYMENTS: Lessee agrees to pay to Lessor, as 13 and for the use of said premises the sum of one dollar ($1.00) 14 per year for each year of the lease term, with a payment for the 15 first year payable in advance concurrently with the execution 16 of this lease, and thereafter on the second day of each calendar 17 year thereafter. 18 7. PAYMENT OF UTILITIES: Lessee shall pay for all 19 utilities furnished to the premises for the term of this lease, 20 including 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 under forthwith upon demand therefor by Lessor. -3- II [I Ii 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 25 26 27 28 9. DUTY TO MAINTAIN AND REPAIR PREMISES: Lessee agrees, at its own expense, to maintain the leased buildings and appurtenances thereto in good repair, and in at least as good condition as that in which they were delivered, allowing for ordinary wear and tear. Lessee further agrees to maintain and keep the exterior walls and roofs of the leased premises in good repair. 10. DELIVERY, ACCEPTANCE, AND SURRENDER OF PREMISES: Lessor represents that the premises are in fit condition for use of Lessee. Lessee agrees to accept the premises on possession as in a good state of repair and in sanitary condition. Lessee agrees to surrender the premises at the end of the lease term, or earlier termination, if the lease is not renewed, to the Lessor i the same condition as when it took possession, allowing for reasonable use and wear and damage by acts of God, including fire and storms. Lessee agrees to remove all signs or symbols placed on the premises by it before redelivery, and to restore to the Lessor the portion of the premises on which they were placed in the same condition as before their placement. 11. LESSOR'S ENTRY FOR INSPECTION AND MAINTENANCE: Lesso reserves the right to enter on the premises at reasonable times to inspect them, or to make additions or alterations to any part of the buildings, and Lessee agrees to permit Lessor to do so. Lessor may, in connection with such alterations, additions, or repairs, erect scaffolding, fences, and similar structures, post relevant notices, and place moveable equipment without any obligation to reduce Lessee's rent of the premises during such period, and without incurring liability to Lessee for disturbance -4- . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ~ 25 26 27 28 I . I of quiet enjoyment of the premises, or loss of occupation thereof. 12. LESSOR'S WRITTEN APPROVAL REQUIRED FOR ALTERATIONS OF PREMISES: Lessee shall not have the right, except as herein 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 improvements 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. NO WASTE, NUISANCE, OR UNLAWFUL USE: Lessee shall not commit, or allow to be committed, any waste on the premises, or nuisance, nor shall it use or allow the premises to be used for an unlawful purpose. 14. LEASE BREACHED BY LESSEE'S RECEIVERSHIP, ASSIGNMENT FOR BENEFIT OF CREDITORS, INSOLVENCY, OR BANKRUPTCY: Appointment of a receiver to take possession of Lessee's assets, Lessee's general assignment for benefit of creditors, or Lessee's insolvency or taking or suffering action under the Bankruptcy Act is a breach of this lease and shall effect a termination thereof. 15. NO ASSIGNMENT OR SUBLEASE WITHOUT LESSOR'S CONSENT: Lessee shall not assign this lease, or any interest therein, or sublet the leased premises, or any part thereof, or any right or privilege appurtenant to it, or allow any person other than Lessee and its agents and employees to occupy or use the premises or any part of them, without first obtaining Lessor's written consent thereto. Lessor's consent to one assignment, sublease -5- 'i 'i 1 2 3 II 4 II I I 5 ,I " i! 6 7 or use shall not be a consent to any subsequent assignment or sublease, or occupancy or use by another person. Any unauthorize assignment or sublease shall be void, and shall termina~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 8 of one term, covenant, or condition of this lease is not a 9 10 11 12 13 14 15 Ii " it waiver of breach of others, nor of subsequent breach of the one waived. i; I' II II II " :1 li I I I Lessor's acceptance of rent installments 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 condemned for any public or quasi-public use, this lease shall 16 terminate as of the date of said taking. The award for such 17 taking of said premises shall belong to Lessor. 18 19 at any time by the giving of sixty (60) days advance written 18. TERMINATION: Either party may terminate this lease 20 notice to the other party. 21 19. LESSEE TO HOLD HARMLESS: Lessee hereby agrees to, 22 and shall, hold Lessor, its elective and appointive boards, 23 commissions,officers, agents and employees harmless from any 24 liability for damage or claims for damage for personal injury, 25 including death, as well as from claims for property damage which 26 may arise from Lessee's operations under this agreement, whether 27 such operations be by Lessee or by anyone or more persons direct y 28 or indirectly employed by or acting as agent for Lessee. Lessee -6- 1 agrees to and shall defend City and its elective and appointive 2 boards, commissions, officers, agents and employees from any 3 suits or actions at law or in equity for damages caused, or 4 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, 7 and employees harmless from any and all costs and liability 8 which may arise in any legal action wherein constitutional issues 9 are involved concerning the right of Lessor to lease the premises 10 to Lessee on the terms and conditions set forth herein. 11 20. AMENDMENT: This lease may be amended or modified 12 only by written agreements signed by both parties and failure 13 on the part of either party to enforce any provision of this 14 lease shall not be construed as a waiver of the right to compel 15 enforcement of such provision or provisions, nor act to release 16 any surety from 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 20 the 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, 23 postage prepaid, addressed as follows: 24 City of San Bernardino 300 North "D" Street 25 San Bernardino, CA 92418 26 Home of Neighborly Service 839 N. Mt. Vernon Avenue 27 San Bernardino, CA 92411 28 23. TIME OF ESSENCE: Time is of the essence of this leas. -7- . . . !I r II 1 I I I 24. LEASE APPLICABLE TO SUCCESSORS, ETC: This lease and 2 the terms, covenants, and conditions hereof apply to and are 3 binding on the heirs, successors,executors, administrators, 4 and assigns of the parties hereto. 5 IN WITNESS WHEREOF, the parties hereto have executed this 6 lease on the date first hereinabove written. 7 ~~ / ~/ '--Cit Clerk ' ;1 8 ATTEST: 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B ~o~ cr ~It;- ~ - ty At rney By -8- .-' . : i" LEGAL DESCRIPTION DAY CARE CENTER - MT. VERNON & UNION nlose portions of Lots 19 and 20, Tract No. 1811, as per plat thereof recorded in Book 26 of.Maps, page 4, records of the County Recorder of San Bernardino County, State of California described as follows: Beginning at a point in the North line of said Lot 20, said point being East thereon, a distance of 1.65 feet from the Northwest corner of said Lot; thence East along the North lines of said Lots 20 and 19, a distance of 93.50 feet; thence South and parallel with.the East line of said Lot 19, a distance of 119.50 feet; thence West and parallel with the North line of said Lots, a distance of 93.50 feet to.a point in a line which is parallel with and 1.65 feet East of and measured at right angles to the West line of said Lot 20; thence North. along said parallel line, a distance of 119.50 feet to the Point of Beginning. LEGAL DESCRIPTION CITY LEASE - }IT. VERNON & UNION Those portions of Lots 20, 21, 22 and-23, Tract No. 1811, as per plat thereof recorded in Book 26 of Maps, page 4, records of the County Recorder of San Bernardino County, State of California, described as follows: Beginning at a point in the North line of said Lot 22, said point being East thereon, a distance of 70.75 feet from the Northwest corner of said Lot; thence East along the North line of said Lots 22, 21, and 20, a distance of 100.00 feet to a point which is. 1.65 feet East of the Northwest corner of said Lot 20; thence South and parallel with the ~lest line of said Lot 20, a distance of 78.50 feet; thence West and parallel to the North line of said Lots 20, 21, and 22, a distance of 100.00 feet; thence North and parallel with the West line of said Lots 22 and 23, a distance of 78.50 feet to the Point of Beginning. Exhibit "A,i