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HomeMy WebLinkAbout2012-204 i 8.L.d 2009-291 EXHIBIT "I" a a c v a u LEASE ° a THIS LEASE AGREEMENT,made and entered into this o7/sr day of � 3 2008,by and between the CITY OF SAN BERNARDINO, a m N municipal corporation,hereinafter referred to as "Lessor",and EASTER SEALS SOUTHERN m `m CALIFORNIA, INC.,a corporation,hereinafter referred to as "Lessee". w RECITALS v This lease is made and entered into with respect to the following facts: J (a) Lessor is the owner of the property herein described. o C 0 (b) Lessor is willing to lease the property to Lessee upon the terms and E conditions hereinafter set forth. N (c) Lessee desires the use of said land, a tr NOW TIIEREFORE,the parties hereto agree as follows: ' m 1. Property Leased. - ..R Lessor hereby leases to Lessee,and the Lessee hereby leases from Lessor, a parcel of N land located on the south side of Ninth Street between Sierra Way and Waterman Avenue in the d City of San Bernardino, County of San.Bernardino,State of California,generally referenced to as Assessor's Parcel Nos.0140-241-45 and 0140-241-54,and more particularly described ac w follows: m E All that portion of Lot 4, Block 3, Rancho San Bernardino,as per plat thereof, d recorded in Book 7 of Maps, Page 2,records of the County Recorder of San Bernardino County, State of California,described as follows: a rs m Beginning at a point on the North line of said Lot 4,which is 455 feet West of the Northeast comer of Lot 5 in said Block 3, said point being on the Westerly line of property conveyed by the City of San Bernardino,in a Corporation Quitclaim n Deed recorded November 17, 1983,as Instrument No. 1983-0272008,Official w Records of said County;thence along said line described in said Quit Claim Deed a and following its various courses and distances as follows: South a distance of 200 feet;thence West,a distance of 114.58 feet; thence South 14°23' 20' East to a point that is 485 feet South of and measured at right angles to said North line of w Lot 4; thence Westerly and leaving said line described in said Quit Claim Deed E u R Q Packet Pg.984 B.L.d 2008-291 a 0 a w w U along a line that is parallel with said North line, to the East line of the West 2-acres 2 Q. of said Lot 4; thence North along the said East line,a distance of 485 feet more or o less to said North line of Lot 4;thence Easterly along said North line, to the Point z of Beginning. Reserving to the Grantor a 30.00 foot easement for the operation and maintenance of a 30 inch pipe line,said easement to be 15.00 feet on each side of the following N described center line: v Commencing at a point which is 117.94 feet west of the Northeast comer of the w above described property;thence South 010 07' East,a distance of 485 feet to the •; South line of the above described property, said point being the true point of w beginning;thence Course No. 1, North 010 07' West to a point which is 19.78 feet South of the North line of said Lot 4, said point being Point"A"; thence Course w No. 2 from said Point"A",North 450 East to the North line of said Lot 4;thence ° c Course No. 3 from said Point"A", North 450 West to the North line of said Lot 4. c The side lines of said easement shall be extended or shortened as to terminate at their point of intersection. N Said property is shown on the attached plat marked as Exhibit"A". a 2. Use. m The leased premises shall be used for a child day care center/child development center. N_. �W w Lessee agrees to use the premises for such purposes,and not to use or permit the use of the to m property for any other purpose unless the Lessor has previously approved such use in writing. w Lessee further understands and agrees that there shall be no restriction of admission of children m E w to the center on the basis of race, color,creed, religion,disability,ancestry, sex,or national m Q origin,and Lessee further understands and agrees that there shall be no religious teaching, y m w indoctrination, or reference to religion in any way,manner, or form whatsoever inasmuch as J Lessor is a public entity and subject to constitutional prohibitions concerning religious ° L W U activities. Lessee agrees to conduct its child day care/child development center in such a m w manner as to not violate any such constitutional restrictions. Lessee shall not commit,or allow c w to be committed,any waste or nuisance in the leased premises,nor shall it use or allow the u U Q 07/17/08 2 PacketPg.985 B— 2008-291 m m 0 v u m U premises to be used for an unlawful purpose. Lessee shall at all times possess all necessary a0 0 licenses and approvals for the operation of a day care center and shall immediately notify s 3 Q Lessor,through its City Clerk,at any time that such licenses or approvals have been revoked or m N R modified. v r, 3. Term. IM The term of this lease shall be for a period of fifty(50),years commencing July 7, 2008, m and terminating on June 6,2058,unless terminated at an earlier date as provided in paragraph J g O a O 4. Lease Payments. E Lessee agrees to pay and Lessor agrees to accept as rental for said premises, for the term hereof, a yearly rental of ONE DOLLAR($1.00) per year for each and every year of the a term of the lease,which rental shall be paid annually in advance commencing on the 7'h day of m July,2008,and thereafter on or before the first day of July of each and every year of the term N m herein. Payments shall be directed to: w m City of San Bernardino w Real Property Section 300 North°D°Street v San Bernardino,CA 92418 E a 5. Utilities, v N 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 a this Lease. If Lessee desires additional utilities and/or utility services to the premises, Lessee w 0 must first obtain written consent from Lessor. All additional utility connections for the facility shall be placed underground. E L u m z Q 07/17/08 3 Packet Pg.986 S.L.d 2008-291 m rn 0 v 0 U O 6. Taxes/Possessory Interest. a, 0 Lessee covenants during the term of this Lease to pay, when due,all taxes and L 5 a assessments that may be assessed or imposed upon the Lessee's possessory interest in and to .6 N N the premises and upon personal property located on the premises. During Lessee's possession r"n `m and use of the leased premises,should any taxes thereon be assessed against Lessor, Lessee w L agrees to indemnify Lessor thereon. Lessee agrees to, and shall hold harmless. Lessor from any d and all liability for any such taxes due by virtue of Lessee's improvements,equipment, w J furniture,fixtures,or other personal properly. 0 0 7. Insurance. c E Lessee agrees to procure and maintain in force during the term of this Lease and any N extension,at its own expense,a policy or policies of insurance against loss or damage to the a W leased premises,appurtenances and permanent equipment,resulting from fire, in a minimum m m amourit of$100,000.00; and from lightning, vandalism, malicious mischief, and such other m perils ordinarily defined as"extended coverage"and other perils in a minimum amount of U) d $100,000.00. The fire and extended coverage insurance policy shall name Lessor as an w additional insured,and shall contain a provision that loss shall be payable to Lessee and Lessor w E a as their interests may appear. Lessee agrees to procure and maintain in force during the term of rn this lease and any extension thereof,at its expense,public liability insurance in companies and w m m 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 :9 L X U1 ($3,000,000.00)for each person injured, six million dollars($6,000,000.00) in the aggregate, °w d one hundred thousand($100,000.00)for property damage. Lessee shall provide to Lessor a c E certificate of insurance and an additional insured endorsement that provides: m 07/17!08 4 Packet Pg. 987 B.L.d 2008-291 m rn O 'O U d U (a) The City of San Bernardino named as an additional insured. ° a 0 (b) The insurance company name,policy number,period of coverage,and the amount of insurance. xt N (c) That the Real Property Section of the Development Services Department of the N v City of San Bernardino must be given notice in writing at least thirty(3)days m w prior to cancellation,material change, or refusal to renew the policy. v (d) That Lessee's insurance will be primary to any coverage the City of San d J Bernardino may have in effect. 0 c 0 Lessee agrees that, if such insurance policies are not kept in force during the term of the E lease and any extension thereof, Lessor may have the option to immediately declare this Lease iw N in default,and to terminate said Lease. W n 8. Termination. v 00 m This Lease may be terminated by mutual consent of the Lessor and Lessee within a N thirty(30)day written notification by either party. Upon termination of this Lease, Lessee shall n d surrender the property occupied by this lease in as good condition as it was at the time of to Lessee's entry thereof subject to the conditions herein set forth. w E 9. Maintenance and Operation. a The Lessee is familiar with the leased premises and has knowledge of the present w m a 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 a s K cause to be provided all security services,maintenance services,and janitorial services,which o N v are required for the proper care and use of the premises. c m E s u R ¢ 07/17/08 5 PacketPg.988 S.L.d 2008-291 Z V) 0 v a a U (a) Licenses. Lessee shall post in a prominent place and manner in the 0 a 0 demised premises all business licenses, certificates,a copy of this Lease, and all permits that 3 a are required to do Lessee's business in the City of San Bernardino. as N A (b) Vendors. Lessee shall not permit vendors to display wares, y `m materials,or advertisements inside or outside the demised premises unless prior written w permission is secured from Lessor and such written permission is posted in a prominent place a and manner in the premises. J 10. Improvements. 0 c 0 Lessee shall not make or suffer to he made any alterations to the demised premises or c E any part thereof, without the prior written consent of Lessor.Any and all alterations and/or (A improvements made to the demised premises pursuant to this section shall,upon termination of cc a this Lease,remain as a part of the premises and at no cost or obligation to the Lessor. ao 11. Construction Costs and Timeline of Work. N (a) All construction work shall be done in conformity with applicable building laws, n `a ordinances, and regulations. Lessee agrees not to request additional funding,or w waiver of any fees associated with development and shall bear and pay the cost E of all improvements, building fees, permit fees,including but not limited to rn Development Permit or Conditional Use Permit, inspections and development N m a impact fees. (b) Lessee agrees to construct, improve and/or renovate the leased property in two X X (2)phases,which shall include,but not be limited to,the renovation of the o N a existing structure by December 31, 2009, and the construction and/or Cr c a improvement of additional structures and playgrounds on the unimproved area s u m Q 07117/08 6 Packet Pg. 989 B.L.d 2008-291 w m 0 a N m U of the leased property by December 31, 2015, and as more fully described in ° a 0 attached Exhibit"B". r Q (c) Lessee agrees that if the construction and/or improvements of Phase 2 are not ,y N completed by the date set forth above, Lessee consents to amend the Lease to N d exclude all that portion of land lying south of the north 200 feet of the leased w area from the lease, which is the area proposed for Phase 2 improvements. U (d) Lessee agrees that it will apply for and pay all applicable fees for a General Plan J Amendment for the parcel of land included in Phase 2 of the development o c 0 (APN: 0140-24-54), currently zoned as PF(Public Facility)to CG-1 E (Commercial General),before any construction and/or improvements take place. N (e) Lessee agrees that it will keep the leased premises free from any liens and that it of W will fully pay and discharge all labor and material bills arising from m construction,repair or alteration work. The Lessor shall at all times have the N right to enter upon the leased premises and to post and maintain notices thereon rn a of non-responsibility for the cost of any construction,repair or alteration by w Lessee of any structures or improvements at any time upon said premises. E 12.Alterations Additions or Changes Reauired by Law. m M If, during the term of this lease,any law,regulation, or rule requires that an alteration, N m v 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 a L the premises, Lessee will make them and bear all expense. o N d (b) If the alterations,additions,or changes are required as a result of the condition to c a or nature of the premises at the time of execution of this Lease, and are not t U R Q 07117/08 7 Packet Pg. 990 B.L.d 20108-291 Z m 0 u a U caused by use of the premises by Lessee, Lessor will make them and bear all a 0 expenses, s 3 Q 13.Default. otl N In the event Lessee is in default in the payment of rentals or other charges hereunder or N `m is otherwise in breach of its covenants or obligations hereunder, and such default exists for a m w period of thirty days after notice from Lessor to Lessee of such default, Lessor shall have the r v right and privilege of terminating this Lease and declaring the same at an end,and of entering J upon and taking possession of said premises, and shall have the remedies now or hereafter o c n provided by law for recovery of rent,repossession of the premises and damages occasioned by M E such default. If such default should occur then Lessor shall have the right to take possession of F N and appropriate to itself without payment therefor,any property of Lessee or anyone claiming a under it,then remaining on said premises. m m 14. Inspections. N R Lessor,it agents,officers,or employees may enter upon the demised premises at such rn a reasonable times during Lessor's normal business hours as it deems necessary for the purpose m w of inspection of the premises to determine whether the terms and conditions of this Lease are E E being performed and kept by Lessee. 0 rn a 15.Effect of Lessor's Waiver. y R a Lessor's waiver of a breach of any term, covenant, or condition of this Lease is not a J waiver of a breach of any other term,covenant,or condition, nor of any subsequent breach of c L K the term,covenant, or condition previously waived. o N d 16.Non-Discrimination. c d Lessee hereby covenants by and for itself, its successors,executors,administrators,and E u R Q 07/17/08 8 Packet Pg. 991 8.L.d 2008-291 rn 0 a 0 0 U assigns,all persons under or through it, and this Lease is made and accepted upon and subject a 0 to the following conditions: w 3 a That there shall be no discrimination against or segregation of any person or group of as N R persons,on account of race,color,creed,religion, disability,sex,national origin, ancestry,or d any other category protected by Stale or Federal law, in the leasing, sub-leasing,transferring, W use,occupancy, tenure, or enjoyment of the premises here leased nor shall the Lessee itself,or 3 v any person claiming under or through it, establish or permit any such practice or practices of J discrimination or segregation with reference to the selection,location, number,use,or 0 C 0 occupancy,of tenants,lessees, subleases,subtenants,or vendees on the premises herein leased. 17.Assienments. F rn Lessee shall not assign this lease or sublet the said remises or an g p y part[hereof without a obtaining the prior written consent of the Lessor. m 18. Validity. N If any one or more of the terms,provisions, promises,covenants,or conditions,of this `a Lease shall,to any extent, he adjudged invalid,unenforceable, void, or voidable for any reason w whatsoever by a court of competent jurisdiction, each and all the remaining terms,provisions, w E promises,covenants, and conditions of this Lease shall not be affected thereby and shall be m a enforceable to the fullest extent permitted by law. 0 d 19. Lease Applicable to Successors, Etc. J This Lease and the terms,covenants,and conditions hereof apply to and are binding on S W the successors,executors,administrators, and assigns of the patties hereto. o N N 20. Lease breached by Lessee's Receivership.Assienment for the benefit of Creditors, c m Insolvency, or Bankruptcy. rE u m a 07/17/08 9 Packet Pg.992 8.L.d 2008-291 d N 0 N v u The appointment of a receiver to take possession of Lessee's assets,Lessee's general a 0 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. m 21.Eminent Domain. `v If the whole of the leased premises, or so much thereof as to render the remainder R W unusable for the purpose for which the same was leased,shall be taken under the power of v eminent domain,then this Lease shall terminate as of the date possession shall be so taken. If a J less than the whole of the leased premises shall be taken under the power of eminent domain, `o C 0 and the remainder is usable for the leased purpose,then this Lease shall continue in full force E and effect and shall not be terminated by virtue of such taking and the parties may waive the N benefit of any law to the contrary, in which event there shall be partial abatement of the rent a tr hereunder in an amount equivalent to the prorated use of the remaining premises. Any award d: made in eminent domain proceedings for the taking or damaging of the leased premises in N R whole or in part shall be paid to the Lessor(together with any other money which shall be or rn `v may be made available for such purpose). R w 22. Indemnification and Hold Harmless. c E E Lessee shall indemnify and hold harmless Lessor,its elective and appointive boards, m m commissions,officers,agents, and employees from any liability for damage or claims for H R d damage for personal injury, including death,as well as from claims for property arising from or related to Lessee's operations under this Lease,whether such operations be by Lessee or by a t X any one or more persons directly or indirectly employed by or acting as agent for Lessee. o 0 m Lessee agrees to and shall defend Lessor and its elective and appointive boards, commissions, c u officers,agents and employees from any suits or actions at law or in equity for damages caused, E u R Q 07/17!08 10 Packet Pg. 993 B.L.d 2008-291 b N O 'O d d u or alleged to have been caused,by reason of any of Lessee's operations under this lease. 0 Q. 0 23.Amendment. r 5 This Lease may be amended or modified only by written agreement signed by both m m parties hereto. Failure on the part of either party to enforce any provision of this Lease shall CO iu not be construed as a waiver of the right to compel enforcement of such provision or W provisions,nor act to release any party from its obligations under this Lease. � a, 24. Notices. m m J All notices given in connection with this Lease shall be in writing and delivered in 0 c 0 person or sent by certified mail,postage prepaid,addressed as follows: E LESSOR LESSEE 0 City of San Bernardino Easter Seals Souther California,Inc. z Development Services Department ATTN: Coordinator of Administration a Real Property Section 1801 E.Edinger Avenue,Suite 190 a: 300 North"D"Street Santa Ana,CA 92708 m San Bernardino,CA 92418 m N R 25.Time of Essence. w d Time is of the essence herein. m W 26.Compliance with Laws. m E Lessee shall not violate,nor allow the violation of,any City, State or Federal law,in mA a conducting its operations under this Lease. m m w 27.Option to Renew. If Lessee has fully performed all of the terms,conditions,and covenants of this Lease a t K for the term hereof,then upon mutual consent by both the Lessor and Lessee,the Lessee shall o m m have the right to extend the term of this Lease for an additional term of fifty(50)years c a (`Renewal Term"). The Renewal Term shall be on the terms and conditions set forth herein,or t u A Q 07/17108 ]t Packet Pg.994 S.L.d 2008-291 G e d U U as may be amended. Said renewal shall be at a total rent to be negotiated by the Lessor and °- a 0 Lessee.To exercise the option to renew, Lessee must give Lessor written notice of Lessee's s d intention to do so at least one hundred-twenty (120)days prior to the expiration of this Lease. 0e 28.Covenants. a V) There are no covenants or warranties other than those expressed in this Lease. R w 29.Entire Aereement. t 3 u This agreement constitutes the entire Agreement between the parties and may be m d J modified only by further written agreement between parties. o c 0 30. Attorneys' Fees, m c The revailin p g party in any legal action to enforce or interpret any provision of this F to Lease will be entitled to recover from the losing party all attorneys' fees, court costs,and M L z necessary disbursements in connection with that action. The costs, salary,and expenses of the m City Attorney, and members of his office,in connection with that action shall be considered as H m attorneys' fees for the purpose of this Lease. n d w E E m m m d u w Rf a J a z K W 0 m v a' c m E r u m Q 07/17/08 12 Packet Pg. 995 F8 LA 2008-291 m N O m m U IN WITNESS WHEREOF,the parties have executed this Lease on the day and year set °. a 0 forth at the beginning of this Lease. c 3 ¢ CI*FSON ARDIN0 —"� m N d By m City Manager W t d N N ATTEST: 0 c 0 RA EL CLARK,City Clerk £ d N 0: EASTER SEALS SOUTHERN CALIFORNIA,INC. v m m N / d By; G� .S L✓�� w MARK S. WHITLEY,President N R W c Approved as to form: E a d `o+ By: G� J ,S F. PENMAN,City Attorney m J L X W O N a K c d E t u m Q 07/17/08 13 PacketPg.996 B.L.d 2008-291 EXHIBIT 'A " d a 0 a` 0 9TH STREET ul ue•1,r- A I -, I r o r "'� N I ,vs I K I � m I N r � I I W d rV' d J a-,••tma t M W O N T, CITY OF SAN BERNARDINO LEASE OF CITY PROPERTY(LANG ONLY)WITH EASTER SEALS It DEVELOPMENT SERVICES DEPARTMENT SOUTHERN CALIFORNIA,INC., -241 E.9TH STREET N REAL PROPERTY SECTION APN'S:0140-241-45854 E Prepared by: Ryan Sandoval Date: 04/21/2008 Legend: — —� FILE NO.: 15.08-057 __ •CITY OWNED PROPERTY ® -LEASE AREA PacketPg.997 B.L.d 2008-291 to 0 EXHIBIT"B" s d u PHASE ONE; Existing Building.Renovationl ti 0 Our Timeline: _ The current timeline for the renovation of the existing building for the Easter Seals Child Development Q Center in San Bernardino is as follows: as N (}p1g Action R August 2008 Complete Architectural Drawings.._---� m September 2008 City Approvals and Building Permit ,a`7 November 2008 Be h Renovation Work w February 2009 Renovation Continues t Bepin Playground Work Match 2009 Renovation Continues y Begin Landscaping Work_ rs April 2009 Complete Renovation June 2009 60 Day Licensing Period e July 2009 Grand O enuIR o c E Itrvestment Required: F Easter Seals needs approximately$1.25 million dollars to carry out the renovation of the existing rn building and start-up of the center a n: 11gm Sub-Toml Total e m m Renovation Costs Interior Renovation $750,000 w (plumbing,electrical,kitchen, y lighting,carpentry,HVAC,etc.) to Exterior Renovation $100,000 N (roof,parking lot,lighting,etc.) W Playgrounds $100,000 Landscaping $25,000 Miscellaneous $25,000 E 8enovatiun Coats Subtotal $1,000,000 m rn Q Equipment&Furnishings y Furniture&Equipment $100,000 Kitchen Supplies $15,000 Classroom Supplies $60,000 Equipment&Furnishings Subtotal $175,000 a x Start-Up w Staffing $50,000 ° Other Operating Costs $25,000 Start-Up Subtotal $75,000 c a GRAND TOTAL $1,250,000 E u m z: Q 07/17/08 15 Packet Pg.998 8:L.d 2008-291 b N 0 9 d d U O Pmtwsed PHASE TWO, (Modulate) i Faster Seals hopes to implement a second phase to this project after the renovation of the existing budding is complete. In Phase Two,we plan to revitalize din lots to the rear of the property by adding t landscaping,playground mess,two classroom modulars and increased puking capacity. Presently,this Q land sits vacant and is an attractive spot for the homeless,illegal dumping,dmg dealing and other ,8 criminal activity. These additional modulus will nearly double the capacity of our center. d ad N Out Timeli nr. a Phase Two will be implemented after Phase 1. Stan-up of Phase Two will depend on financing, m fundraising and the availability of program slots from Head Start and the Department of Education. w Phase Two could start as early as 2010 but no later than 2015, d investment Rea ui'red-(Estimatedl: '^ Easter Seals needs approximately$1.5 million dollars to carry out the proposed second phase of this project. o c Item Sub-T°td Tst®1 c_ Modular Costs E Site Preparation&Parking Lot $200,000 r Modulars (x2) $800,000 Playgrounds $100,000 y Parking Lot $100,000 tY Landscaping $25,000 Miscellaneous $25,000 m Renovation Coats Subtotal $1,250,(M N R Equipment&Furnishings rn Furniture&Equipment $125,000 `m Classroom Supplies $75,000 Equlpmezu&FunakhbW Subtotal $200,000 w c Start-Up E Staffing $50,000 E Stan-Up Subtotal $ 50,000 Q GRAND TOTAL $1,500,000 d J a z X w 0 m d m c d E L u d Q 07117108 t6 PacketPg.999 EXHIBIT "Y' �'�► Creating solutions, changing Hues. Easter Seals - • Services(or children and admits with Southorn California disabilities in Southern California 1570 E.17'"Street Santa Ana,California d N 92705A770 O 714.834.1111 phone N 714.834.1128 tax March 14, 2012 ~.esec.org o IL 0 z Laszlo"Les" Fogassy Assessment District/Real Property Manager o5 N CITY OF SAN BERNARDINO m Public Works Department y Real Property Section m 300 N."D"Street, 3rd Floor Al W San Bernardino, CA 92418 i RE: Lease agreement—241 E. 9'h Street,San Bernardino m R d J Dear Mr. Fogassy, c 0 1 regret to inform you that, despite our best efforts, Easter Seals Southern California will not be able to complete the proposed renovations to the above referenced property per the timeline outlined in our lease agreement. Asa result,we will be unable to provide child development services(or any other services) at this location. Accordingly, we would like to formally request that our lease agreement be � terminated at the earliest possible date. We appreciate your patience and support over the past year. We will be happy to work with your office regarding the appropriate disposition of the building and personal property located on-site and other logistics. As always,we are open to suggestions as to how Easter Seals might maintain a presence in the community to provide services for the residents of San Bernardino. Should you have any questions or concerns, please don't hesitate to contact me or our Facilities Management Consultant Mike Flory at (714) 834-111 extension 229 (mike.flory @essc.or x). a t x W 0 Sincerely, m of EE z Mark Whitley m President Q Cc: Ryan Sandoval Packet Pg. 1000 ',