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HomeMy WebLinkAbout12724 !I I I: I' 1 RESOLUTION NO. /~ 7';:<~ I' ' 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LEASE WITH THE DIOCESE OF SAN DIEGO EDUCATION AND 3 WELFARE CORPORATION RELATING TO CERTAIN PREMISES LOCATED ON THE EASTERN PORTION OF NUNEZ PARK. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 5 OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. The Mayor of the City of San Bernardino is 7 authorized and directed to execute on behalf of said City a lease 8 with the Diocese of San Diego Education and Welfare Corporation 9 relating to certain premises located on the eastern portion of 10 Nunez Park, a copy of which is attached hereto, marked Exhibit "I" 11 and incorporated herein by reference as fully as though set forth 12 at length. 13 I HEREBY CERTIFY that the foregoing resolution was duly 14 adopted by the Mayor and Common Council of the City of San held on the at a 1t///A~~ ~/!f day // :?/~AJ-A/ meeting thereof, 15 Bernardino 16 , 1977, by the following 17 vote, to wit: 19 20 21 NAYS: CO,,;,dlmen 't?~ ,:57;;:..."" Cd./.~ ,~L~ a-<l '" .. 7~ ~.//~j~A--,~~~/hh'-/ 18 AYES: ABSENT: 24 25 26 27 28 The foregoing resolution is hereby -1J74Afi./u , 1977. ! ~~jJ day 22 23 of v BEafjo MAR 2 4 1t77 LUUCILLE GOf.OR:nt .,.Citytferlt. /J ~ ~/ II..J .. /.... :.......a~PV'II !I ,I, I \1 I 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 LEASE ----- (day care center - Nunez Park) THIS LEASE is made and entered into this Mh day of , 1977, by and between the CITY OF SAN BERNARDINO, a , 1 corporation, hereinafter called "Lessor", and DIOCESE OF SAN DIEGO EDUCATION AND WELFARE CORPORATION, a California non- profit corporation, hereinafter called "Lessee". WIT N E SSE T H : ---------- 1. Description of Premises. Lessor leases to Lessee, and Lessee hires from Lessor, as herein provided, the premises located generally on the eastern portion of Nunez Park which is located on West 5th Street, in the City of San Bernardino, more particularly described on Exhibit "A", attached hereto and incorporated herein by reference. The premises consist of a portion of the eastern section of Nunez Park with three portable classrooms situated thereon as shown on Exhibit "B" attached hereto and incorporated herein by reference. 2. Use of Premises. The premises are leased to be used exclusively as and for a child day care center. Lessee agrees to restrict its use to such purposes, and not to use or permit the use of the premises for any other purpose without first obtaining the consent in writing of Lessor. Lessee further understands and agrees that there shall be no restriction of admission of children to the day care center on the basis of race, color, creed, reli- gion, 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 absolute " II. , 1 constitutional prohibitions concerning religious activities. 2 Lessee agrees to conduct its child day care activities in such a 3 manner as to not violate any such constitutional restrictions. 3. Term. The term of this lease shall be for a period of ten (10) years, beginning 1177 /&, , 1977, and ending at midnight n?~ IS' , 1987, unless sooner terminated. 4. Lease Payments. Lessee agrees to pay Lessor, as and 8 for said premises, the sum of one dollar ($1.00) per year for each 4 5 6 7 9 year of the lease term, with the payment for the first year pay- 10 able in advance concurrently with the execution of this lease, and 11 thereafter on the second day of each subsequent calendar year. 5. Payment of Utilities. Lessee shall pay for all 13 utilities furnished to the premises for the term of this lease, 12 14 including electricity, gas, water, rubbish removal and telephone 15 service. Lessee shall also pay all costs of custodial services 16 necessary to maintain the premises. 6. Taxes. Lessee covenants during the term of this lease 18 to pay, when due, all taxes and assessments that may be assessed 17 19 or imposed upon the Lessee's possessory interest in and to the 20 premises and on personal property that is located on the demised 21 premises. Lessee agrees to indemnify and pay all sums due here- 22 under forthwith upon demand therefor by Lessor. 23 7. Lessee to Carry Liability Insurance. Lessee agrees to 24 procure and maintain in force during the term of this lease and 25 any extension thereof, at its expense, public liability insurance 26 in companies and through brokers approved by Lessor, adequate to 27 protect against liability for damage claims through public use of 28 or arising out of accidents occurring in or around the leased -2- 'I I II i Ii I I premises, in a minimum amount of $ 300,000.00 1- 1 for each person 2 injured, $ 500,000.00 for anyone accident, and $ 25.000.00 3 for property damage. Such insurance policies shall provide 4 coverage for Lessor's contingent liability on such claims or 5 losses. The policies shall be delivered to Lessor for keeping. 6 Lessee agrees to obtain a written obligation from the insurers to 7 notify Lessor in writing at least thrity (30) days prior to can- 8 cellation or refusal to renew any such policies. Lessee agrees 9 that, if such insurance policies are not kept in force during the 10 entire term of this lease and any extension thereof, Lessor may 11 procure the necessary insurance, pay the premium therefor, and 12 that such premium shall be repaid to Lessor as an additional rent 13 installment for the month following the date on which such premium 14 are paid. 15 8. Duty to Maintain and Repair Premises. Lessee agrees, 16 at its own expense, to maintain the leased premises and appurten- 17 ances thereto in good repair, and in at least as good condition 18 as that in which they were delivered, allowing for ordinary wear 19 and tear. Lessee further agrees to maintain and keep the exterior. 20 walls and roofs of the leased premises in good repair. 21 9. Claims for Labor and Materials. The Lessee shall pay 22 or cause the Sub-Lessee to pay all costs of any alterations or 23 additions to any building, structure or improvement located on the 24 said premises, and shall keep the premises and improvements 25 located thereon free and clear of any and all claims arising out 26 of the performance of work or furnishing materials. Lessee shall 27 indemnify and save the Lessor harmless and free from any and all 28 claims arising out of the performance of work or furnishing -3- 1 materials, cost and expense which may accrue, grow out of or be 2 incurred by reason of such claim. 3 The Lessor shall have at all times the right to post and 4 keep posted on the said premises such notices provided for under 5 and by virtue of the laws of the State of California for the pro- 6 tection of said premises from mechanics liens or liens of a 7 similar nature. 8 10. Delivery, Acceptance, and Surrender of Premises. 9 Lessor and Lessee agree that the premises are in fit condition for 10 use of Lessee. Lessee agrees to accept the premises on possession 11 as in a good state of repair and in sanitary condition. Lessee 12 agrees to surrender the premises at the end of the lease term, or 13 earlier termination thereof, if the lease is not renewed, to the 14 Lessor in the same condition as when it took possession, allowing 15 for reasonable use and wear, and damage by acts of God, including 16 fire and storms. Lessee agrees to remove all signs or symbols 17 placed on the premises by it before redelivery, and to restore to 18 the Lessor the portion of the premises on which they were placed 19 in the same 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 buildings, and Lessee agrees to permit Lessor 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 period, and without incurring liability to Lessee for disturbance -4- I.;' I 10f quiet enjoyment of the premises, or loss of occupation thereof. I I 12. No Use That Increases Insurance Risk. Lessee shall , !maintain insurance coverage for fire and extended coverage on the buildings which constitute part of the leased premises for the 5 full market value thereof. This insurance shall be carried during 1 2 3 4 6 the entire lease term and paid for by Lessee. In the event of the 7 destruction of said premises then Lessor shall be entitled to all 8 proceeds of said insurance. Lessee agrees not to use the premises 9 in any manner, even in its use for the purposes for which the 10 premises are leased, that will increase risks covered by insurance 11 on the buildings where the premises are located, so as to increase 12 the rate of insurance on the premises, or to cause cancellation 13 of any insurance policy covering the buildings. Lessee further 14 agrees not to keep on the premises, or permit to be kept, used, 15 or sold thereon, anything prohibited by the policy of fire 16 insurance covering the premises. Lessee agrees to comply with all 17 requirements of the insurers applicable to the premises necessary 18 to keep in force the fire and public liability insurance covering 19 the premises and buildings at its own expense. 20 13. Lessor's Written Approval Required for Alterations of 21 Premises. Lessee shall not have the right, except as herein 22 expressly provided, to make any alterations, improvements, or 23 additions to the leased premises without the prior written consent 24 of Lessor. Notwithstanding the foregoing, Lessee may make 25 improvements that are consistent with the use of the facilities 26 for a day care center; provided, however, upon termination of this 27 lease, improvements shall become the property of the Lessor. 28 14. No Waste, Nuisance, or Unlawful Use. Lessee shall not -5- , ~ , ~I 1 commit, or allow to be committed, any waste on the premises, or 2 nuisance, nor shall it use or allow the premises to be used for an 3 unlawful purpose. 4 15. Lease Breached by Lessee's Receivership, Assignment for 5 Benefit of Creditors, Insolvency, or Bankruptcy. Appointment of a 6 receiver to take possession of Lessee's assets, Lessee's general 7 assignment for benefit of creditors, or Lessee's insolvency or 8 taking or suffering action under the Bankruptcy Act is a breach 9 of this lease. 10 16. No Assignment or Sublease without Lessor's Consent. 11 Lessee shall not assign this lease, or any interest therein or 12 sublet the leased premises, or any part thereof, or any right or 13 privilege appurtenant to it, or allow any person other than Lessee 14 and its agents and employees to occupy or use the premises or any 15 part of them, without first obtaining Lessor's written consent 16 thereto. Lessor's consent to one assignment, sublease, or use 17 shall not be a consent to any subsequent assignment or sublease, 18 or occupancy or use by another person. Any unauthorized assign- 19 ment or sublease shall be void, and shall terminate this lease at 20 the Lessor's option. Lessee's interest in this lease is not 21 assignable by operation of law without Lessor's written consent. 22 17. Effect of Lessor's Waiver. Lessor's waiver of breach 23 of one term, covenant, or condition of this lease is not a waiver 24 of breach of others, nor of subsequent breach of the one waived. 25 Lessor's acceptance of rent installments after breach is not a 26 waiver of the breach, except of breach of the covenant to pay the 27 rent installment or installments accepted. 28 18. Eminent Domain: Condemnation of Entire Premises. In -6- . 1 the event that all of the demised premises be taken or condemned 2 for any public or quasi-public use, this lease shall terminate as 3 of the date of said taking. The award for such taking of said 4 premises shall belong to Lessor. 5 19. Termination. Either party may terminate the lease at 6 any time by the giving of sixty (60) days advance written notice 7 to the other party. 8 20. Lessee to Hold Harmless. Lessee hereby agrees to, and 9 shall, hold Lessor, its elective and appointive boards, com- 10 missions, officers, agents and employees harmless from any 11 liability for damage or claims for damage for personal injury, 12 including death, as well as from claims for property damage which 13 may arise from Lessee's operations under this agreement, whether 14 such operations be by Lessee or by anyone or more persons 15 directly or indirectly employed by or acting as agent for Lessee. 16 Lessee agrees to and shall defend City and its elective and 17 appointive boards, commissions, officers, agents and employees 18 from any suits or actions at law or in equity for damages caused, 19 or alleged to have been caused, by reason of any of the aforesaid 20 operations. Lessee further agrees to and shall hold Lessor, its 21 elective and appointive boards, commissions, officers, agents and 22 employees harmless from any and all costs and liability which may 23 arise in any legal action wherein constitutional issues are in- 24 volved concerning the right of Lessor to lease the premises to 25 Lessee on the terms and conditions set forth herein. 26 21. Amendment. This lease may be amended or modified only 27 by written agreements signed by both parties and failure on the 28 part of either party to enforce any provision of this lease shall -7- f . ii' ). ~ I, I :i 1 not be construed as a waiver of the right to compel enforcement of 2 such provision or provisions, nor act to release any surety from 3 its obligations under this lease. 4 22. Severability. If any section, subsection, paragraph, 5 sentence, clause, phrase, or portion of this lease is invalid or 6 shall be held to be invalid, such invalidity shall not affect the 7 validity of the balance or remainder. 8 23. Notices. All notices herein required shall be in writ- 9 ing and delivered in person or sent by certified mail, postage 10 prepaid, addressed as follows: 11 City of San Bernardino 300 North "D" Street San Bernardino, California 92418 12 13 14 Diocese of San Diego Education and Welfare Corporation 1430 West 5th Street San Bernardino, California 92411 15 16 24. Time of Essence. Time is of the essence of this lease. 25. Lease Applicable to Successors, Etc. This lease and 17 the terms, covenants, and conditions hereof apply to and are bind- 18 ing on the heirs, successors, executors, administrators, and 19 assigns of the parties hereto. 20 IN WITNESS WHEREOF, the parties hereto have executed this 21 lease on the date first hereinabove written. 22 ATTEST: 23 24 fJ;u(+ C1 t Cler 25 DIOCESE OF SAN DIEGO EDUCATION AND WELFARE CORPORATION 26 27 28 o -.~a '. -8- .. '"f ~ ,. LEGAL DESCRIPTION . DAY CARE CENTER - NUNEZ PARK 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 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 para1ie1 with the North .1ine of said Lot, a distance of 139.50 feet; thence South a distance of 180.30 feet to the True Point of Beginning. Exhibit "A"