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I RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A SUBLEASEBBETWEEN THE CITY, THE COUNTY OF SAN
BERNARDINO AND THE YOUNG WOMEN'S CHRISTIAN ASSOCIATION RELATING
TO THE PREMISES LOCATED AT THE NORTHEAST CORNER OF SIXTH STREET
AND LUGO AVENUE.
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RESOLUTION NO.
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, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
IOF SAN BERNARDINO AS FOLLOWS:
I SECTION 1. The Mayor of the City of San Bernardino is
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hereby authorized and directed to execute on behalf of said City
A Sublease between the City, the County of San Bernardino and the
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Young Women's Christian Association relating to the premises
located at the northeast corner of sixth Street and Lugo Avenue,
a copy of which is attached hereto, marked Exhibit "A" and
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incorporated herein by reference as fully as though set forth
at length.
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I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
vote, to wit:
:ay Of~
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Bernardino at
meeting thereof, held
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,
, 1976, by the following
on the
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AYES:
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ritYS:
IJSENT:
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foregoing resolution is hereby approve this ~~ day
, 1976.
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of
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SUB LEA S E
(northeast corner 6th Street & Lugo Avenue)
THIS SUBLEASE is made and entered into this
day of
, 1976, by and between the CITY .OF SAN
BERNARDINO, a municipal corporation, hereinafter called "Suh-
lessor", the COUNTY OF SAN BERNARDINO, a body politic of the
State of California, hereinafter called "Lessor", and the YOUNG
WOMEN'S CHRISTIAN ASSOCIATION of San Bernardino, California,
a California corporation, hereinafter called "Sublessee".
WIT N E SSE T H:
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WHEREAS, Sublessor is in the process of obtaining a long
term lease of the real property subleased hereunder from the
County of San Bernardino; and
WHEREAS, Sublessee desires to sublease said property
from Sublessor should said Sublessor actually acquire its
.lease of said property from Lessor in order that Sublessee may
provide swimmi~g pool facilities, YWCA facilities and the like
upon said property for the benefit of the citizens of the City
of San Bernardino and for municipal public use; and
WHEREAS, Sublessor desires to sublease said real property
to Sublessee in the event Sublessor is successful in obtaining
a satisfactory lease from Lessor; and
WHEREAS, Lessor by being a party to this sublease does
intend to express its concurrence in the sublease transaction
between Sublessor and Sublessee and acknowle~ges that it is
familiar with all of the terms and provisions of this sub-
lease agreement.
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NOW, THEREFORE, in consideration of the mutual covenants,'
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conditions, agreements, provisions and legal detriments herein
contained it is agreed as follows:
1. Description of Premises. Sublessor leases to Subles-
see, and Sublessee hires from Sublessor, as herein provided,
the premises consisting of a lot and parcel of real property
with existing buildings and structures thereon located at the
northeast corner of 6th Street and Lugo Avenue in the City
of San Bernardino, State of California, and more particularly
described as follows:
All that real property in the City of San Bernardino,
County of San Bernardino, State of California
described as follows:
Lots 19, 20, 21, 22, 23 and 24, Tract No. 2030, as
per plat thereof recorded in Book 29 of Maps, page
49, records of the County Recorder of San Bernardino
County, State of California.
A map showi~g the premises is attached hereto, marked
Exhibit "I" and incorporated herein by reference as though
set forth in full and at length.
2. Use of Property. The premises are sUbleased to
be used as and for municipal public purposes, to wit: public
recreation, physical fitness, child care, education, character
building and senior citizen care, including but not limited
to the construction and use of YWCA facilities and swimming
pool. Sublessee 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 conse~t in writing of Subles-
sor. The demised premises shall be used solely and exclusively
for the aforesaid purposes for the benefit of citizens of the
City of San Bernardino and surrounding areas. Sublessor hereby
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1 reserves the right to approve all charges, fees and rules and
2 regulations for the use of the premises subleased hereunder,
3 and it is understood and agreed by the parties hereto that
4 said use of said premises shall be subject to any applicable
5 rules and regulations established by Federal, State and local
6 agencies having jurisdiction over recreational, character building
7 and educational activities. Furthermore, the use of said premises
8 shall not be restricted from any person or group based upon
9 race, color, creed, national origin, previous condition of
10 servitude, ethnic. group, or religion.
11 It is understood and agreed by the parties hereto that
12 this sublease is entered into to promote the public welfa~e
Ij and the public. good of the citizens of the City of San Bernardino
14 and that Sublessee will make the facilities available to the
IS Sublessor and other nonprofit groups at such times and in such
16 manner as will not unreasonably interfere with regularly scheduled
17 activities of the Sublessee.
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3. Term. The term of this sublease shall be for a
period of fifty (50) years commencing
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1976 and endblg
,2026. It is understood
21 and agreed by the parties hereto that Sublessor has not as
22 yet acquired any right, title or interest to the real property
23 being subleased hereunder and that unless Sublessor does acquire
24 its leasehold interest to said property prior to July 31, 1976
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2S this sublease shall be null and void and of no force or effect.
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4. Temporary Use of Part of Premises by County. It
27 is understood and agreed by the parties hereto that the County
28 of San Bernardino has certain operations in facilities upon
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1 the real property being subleased hereunder, said facilities
2 are used for laboratory purposes and to house and provide parking
3 facilities for the County's Pest Control Operations. It is
4 understood and agreed by the parties hereto that County intends
5 to remove said operations from the property subleased hereunder
6 within a period not to exceed twenty-four months from the date
7 hereof. Until such time as said operations are removed by
8 County, County will be entitled to use said facilities upon
9 said real property and no interest of Sublessee in that portion
10 of the premises used by the County shall vest hereunder until
11' such time as County has so removed its operations from the
12 said facilities. Sublessee shall not interfere with County's
use as aforesaid. Sublessee's obligations under this sublease
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shall not attach to the premises so used by the County until
County has vacated same.
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5. Rental. Sublessee ~grees to pay as rental for said
17 premises during the term of this sublease an annual rental of one
18 dollar ($1.00) payable in advance upon the. date of execution of
19 this sublease and payable thereafter in advance on the first day
20 of each and every year during the term hereof.
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6. No Waste, Nuisance, or Unlawful Use. Sublessee shall
22 not commit, or allow to be committed, any waste on the premises,
23 or nuisance, nor shall it use or allow the premises to be used
24 for an unlawful purpose.
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.7. Duty to Maintain and Repair Premises. Sublessee
26 agrees, at its own expense, to maintain the subleased premises
27 and appurtenances thereto in. good repair, and in at least as
28 good condition as that in which they were delivered, allowing
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1 for ordinary wear and tear. Sublessee agrees to maintain the
2 entire premises, and Sublessor shall be under no duty with
3 respect to said maintenance and repairs whatsoever.
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8. Payment of utilities. Sublessee shall pay for all
5 utilities furnished the premises during the term of this sublease,
6 including electricity,_ gas, water, rubbish removal and tele-
7 phone service.
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9. Delivery, Acceptance, and Surrender of Premises.
9 Sublessee accepts the premises on possession as in a good state
10 0f repair and in sanitary condition. It agrees to surrender
11 the premises at the end of the sublease term to the Sublessor
12 in the same condition as when it took possession, allowing
13 for reasonable use and wear, and damage by acts of God, including
14 fire and storms. Sublessee agrees to remove all signs or symbols
15 placed on the premises by it before redelivery, and to restore
16 to the Sublessor the portion of the premises on which they
17 placed in the same condition as before their placement.
18 At the expiration of this sublease, the Sublessee agrees
19 the Sublessor shall have the right to enter into and upon
20 he land, and repossess itself thereof, and that all buildings,
21 tructures and improvements of whatever kind and nature erected
22 during the life of this sublease shall revert
23 0 the Sublessor and become its property in fee simple without
24 rocess of law.
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10. Liens and Encumbrances. Sublessee agrees to keep
26 he premises free and clear of any liens that might arise from
27 onstruction, making of repairs and improvements, or other
28 aintenance and repairs, and to hold Sublessor harmless therefrom.
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1 Further, this sublease shall not be pledged, encumbered or
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Lhypothecated by Sublessee.
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11. Taxes. That Sublessee will pay all real and personal
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4 property taxes of any character or description including both
5 those on the possessory and reversionary interests, assessed
6 by any taxing authority on the subleased premises at any time
7 during the term of this sublease.
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II 12. Sublessor's Entry for Inspection and Maintenance.
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ISublessor reserves the right to enter on the premises at reasonabl
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10 times to inspect them, and Sublessee agrees to permit Sublessor
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13. Sublessee to Carry Liability Insurance. Sublessee
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agrees to procure and maintain in force during the term of
this sublease and any extension thereof, at its expense, public
liability insurance in companies and through brokers acceptable
to Sublessor, adequate to protect against liability for damage
claims through public use of or arising out of accidents occurring
in or around the sUbleased premises, in a minimum amount of
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$100,000 for each person injured, $300,000 for anyone accident,
and $25,000 for property dam~ge. Such insurance policies shall
provide coverage for Sublessor's contingent liability on such
claims or losses. Sublessee shall provide Sublessor with Certifi-
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may procure the necessary insurance, pay the premium therefor,
and that such premium shall be repaid to Sublessor as an additiona
rent installment for the month following the date on which
such premiums are paid.
14. Insurance - No Use That Increases Insurance Risk.
Sublessee agrees not to use the premises in any manner, even
in its use for the purposes for which the premises are subleased,
that will increase risks covered by insurance on the buildings
upon the premises so as to increase the rate of insurance on
the premises in excess of the normal rate for Sublessee's use,
or to cause cancellation of any insurance policy covering the
building. Sublessee further agrees not to keep on the premises,
or permit to be kept, used, or sold thereon, anything prohibited
by the policy of fire insurance covering the premises. Sublessee
~grees to comply with all requirements of the insurers applicable
to the premises necessary to keep in force the fire and public
liability insurance covering the premises and building at its
own expense. Sublessee shall pay all premiums for such insurance
and Sublessor shall determine the extent and limits of coverage;
provided, however, Sublessor shall not be unreasonable in making
such a determination and Sublessee shall maintain such insurance
for the fair market value of any buildings, structures or improve-
entson or constructed upon the premises. In the event of
a total or partial destruction of the buildi~gs, improvements
or structures, the proceeds from said insurance coverage shall
used to repair or rebuild the buildings, structures or improve-
ents by Sublessee. In the event Sublessee determines not
to repair or rebuild, or fails to repair or rebuild the damaged
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1 or destroyed buildings, structures or improvements within one
2 year from the date of such damage or destruction, then all
3 I proceeds from any and all of said insurance shall belong exclusive~
4 ly to the Sublessor.
5 15. Sublessor's Written Approval Required for Alterations
6 of Premises. Sublessee shall not have the right, except as
7 herein expressly provided, to make any alterations, improvements,
8 or additions to the subleased premises without the prior written
9 consent of Sublessor.
16. No Assignment or Sublease Without SubLessor's Consent.
11 Sublessor shall not 'assign this sublease, or any interest therein,
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12 or sublet the subleased premises, or any part thereof, or any
Bright or privilege appurtenant to it, without first obtaining
14 Sublessor's written consent thereto. Sublessor's consent to
15 one assignment, sublease, or use shall not be a consent to
16 any subsequent assignment or sublease, or occupancy or use
17 by another person. Any unauthorized assignment or sublease
18 shall be void,and shall terminate this sublease at the Sublessor's
19 option. Sublessee's interest in this sublease is not assignable
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20 by operation of law without Sublessor's written consent.
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17. Fixtures, Buildings, Structures and Improvements.
All fixtures, buildings, structures and improvements installed
by the Sublessee in the demised premises shall become the property
of Sublessor and upon the termination of this sublease by expira-
tion of the term hereof or otherwise, such fixtures and improvements
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shall become the property of Sublessor.
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18. Effect of Eminent Domain Proceedings. Eminent
28 domain proceedings resulting in the condemnation of a part
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.Iof the premises subleased herein that leave the rest usable
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Iby Sublessee for purposes of the business for which the premises
fare subleased will not terminate this sublease, unless Sublessor
at its option terminates it by. giving written notice of terminatio
to the Sublessee. In the event of such condemnation of the
premises, Sublessee shall be entitled to recover from Sublessor
the actual cost of any improvements or structures constructed
by Sublessee upon the real property, less amortization computed
on the pro-rata basis of the expired portion of the term of
this sublease; provided, however, Sublessee's recovery under
this provision shall not exceed the amount of the fair market
value of said improvements as determined by the total compensation
awarded in the eminent domain proceedings. The effect of such
condemnation, should such option not be exercised, will be
to terminate the sublease as to the portion of the premises
condemned, and leave it in effect as to .the remainder of the
premises. Sublessee's rental for the remainder of the sublease
term shall not be reduced. Total condemnation of the premises
shall terminate this sublease. All compensation awarded in
the eminent domain proceeding as a result of such condemnation
shall be Sublessor's except for that portion assigned to Sublessee
as hereinabove set forth. Sublessee hereby assigns and transfers
to Sublessor any claim it may have to compensation for damages
as a result.of such condemnation except for that portion to
be paid to Sublessee as set forth hereinabove.
19. Duty to Make Alterations, Additions, or Changes
Required by Law. If, during the term of this sublease, any
law, regulation, or rule requires that an alteration, addition,
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lor other change be made to the demised premises, the parties
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'agree that Sublessee shall make and bear all expenses of said
changes.
20. Sublease Breached by Sublessee's Receivership,
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5 Assignment for Benefit of Creditors, Insolvency, or Bankruptcy.
6 Appointment of a receiver to take possession of Sublessee's
7 assets (except a receiver appointed at Sublessor's request
8 as herein provided), Sublessee's general assignment for benefit
9 of creditors, or Sublessee's insolvency or taking or suffering
10 action under the Bankruptcy Act is a breach of this Sublease.
21. Effect of Sublessor's Waiver. Sublessor's waiver
12 of breach of one term,covenant, or condition of this sublease
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13 is not a waiver of breach of others, nor of subsequent breach
14 of the one waived. Sublessor's acceptance of rent installments
15 after breach is not a waiver of the breach, except of breach
16 of the covenant to pay the rent installment or installments
17 accepted.
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22. Amendment. This sublease may be amended or modified
19 only by ~ritten agreements signed by both parties and failure
20 on the part of either party to enforce any provision of this
21 sublease shall not be construed as a waiver of the right to
22 compel enforcement of such provision or provisions, nor act
23 to release any surety from its obligations under this sublease.
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23. Renewal. This sublease may be renewed and extended
2S upon the written consent of the Sublessor for the further term
26 of fifty (50) years or lesser term as agreed upon by the parties
27 hereto from the expiration of the term. granted hereby upon
28 such terms, conditions, covenants, restrictions and rent as
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1 may be approved by the Sublessor.
2 24. Lessor's Concurrence. Lessor, County of San Bernardin,
3 hereby concurs in Sublessor's lease hereby to Sublessee, and
4 agrees to be bound by all of this sublease's terms, provisions,
5 covenants and conditions as may affect said Lessor's lease
6 with,Sublessor hereunder.
7 25. Severability. If any section, subsection, paragraph,
8 sentence, clause, phrase, or portion of this sublease is invalid
9 or shall be held to be invalid, such invalidity shall not affect
10 the validity of the balance or remainder.
11 26. Sublessee to Hold Harmless. Sublessee hereby agrees
12 to, and shall, hold Sublessor, its e~~ctive and appointive
13 boards, commissions, officers, agents and employees harmless
14 from any liability for damage or claims for damage for personal
15 injury, including death, as well as from claims for property
16 damage which,may arise from Sublessee's operations under this
17 agreement, whether such operations be by Sublessee or by any
18 one or more persons directly or indirectly employed by or acting
19 as agent for Sublessee. Sublessee agrees to and shall defend
20 City and its elective and appointive boards, commissions, officers
21 agents and employees from any suits or actions at law or in
22 equity for damages caused, or alleged to have been caused,
23 by reason of any of the aforesaid operations.,
24 27. Cancellation of Prior Lease.' That certain lease
2S between the parties hereto dated November 17, 1975 which said
26 lease is for a period of fifty (50) years and for those, generally
27 described parcels of land known as YWCA Parcel - Seccombe Lake
28 Park and YWCA-YMCA Parking - Parcel No. 1 is hereby cancelled
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1 and Lessor is hereby relieved and discharged from any further
2 ~esponsibility to Lessee thereunder.
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28. Notices. All notices herein required shall be
4 in writing and delivered in person or sent by certified mail,
5 postage prepaid,. addressed as follows:
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City of San Bernardino
300 North "D" Street
San Bernardino, Cal~f. 92418
Young Women's Christian
. Association
566 North Lugo
San Bernardino, Calif.
County of San Bernardino
157 West Fifth Street
San Bernardino, Calif.
12 sublease.
29. Time of Essence. Time is of the essence of this
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30. Sublease Applicable to Successors, Etc. Thissubleas
14 and the terms, covenants, and conditions hereof apply to and
15 are binding on the heirs, successors, executors, administrators,
16 and assigns of the parties hereto.
17 IN WITNESS WHEREOF, Sublessor, Sublessee and Lessor
18 have executed this sublease on the date first hereinabove
19 BERNARDINO
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ATTEST:
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COUNTY OF SAN BERNARDINO
"Lessor"
ATTEST':
By
Chairman o~ the Board
26 Clerk of the Board
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IIIII
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YOUNG WOMEN'S CHRISTIAN ASSOCIATI N
"sublessee"
By
Title
Approved as to form:
STANFORD D. HERLICK
Co.unty counsel
By
Deputy county Counsel
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