HomeMy WebLinkAbout2013-207 1 RESOLUTION NO. 2013-207
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LEASE
3 AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CASA
4 RAMONA, INC., FOR CITY-OWNED PROPERTY LOCATED AT 1633 WEST
FIFTH STREET IN SAN BERNARDINO.
5
WHEREAS, on July 6, 2009, by Resolution No. 2009-183, the Mayor and Common
6
Council authorized the execution of a Lease with Casa Ramona, Inc. for property located at
7
8 1633 West Fifth Street within Nunez Park("Lease"); and
9 WHEREAS, on June 6, 2011, by Resolution No. 2011-120, the Mayor and Common
10 Council authorized the execution of an Amendment to the Lease Agreement with Casa
11 Ramona, Inc., to extend the term of the Lease for one additional two-year term, commencing
12
on July 23, 2011, and terminating on July 22, 2013; and
13
14 WHEREAS, Casa Ramona, Inc., wishes to enter into a new Lease Agreement for a
15 five -year term commencing on July 23, 2013, and terminating on July 22, 2018.
16 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
17 CITY OF SAN BERNARDINO AS FOLLOWS:
18 SECTION 1. The City Manager is hereby authorized and directed to execute on
19 behalf of the City, a Lease Agreement with Casa Ramona, Inc., relating to City-owned
20 property located at 1633 West Fifth Street, San Bernardino, CA, more specifically described
21
in the Lease Agreement, a copy of which is attached hereto as Exhibit "1", and incorporated
22
23 herein by reference.
24 SECTION 2. The authorization to execute the above-referenced Agreement is
25 rescinded if the parties to the Agreement fail to execute it within ninety (90) days of the
26 passage of this resolution.
27 ///
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2013-207
•
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
1 BERNARDINO AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT BETWEEN THE
CITY OF SAN BERNARDINO AND CASA RAMONA, INC., FOR CITY-OWNED PROPERTY
2 LOCATED AT 1633 WEST FIFTH STREET IN SAN BERNARDINO.
3
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
4
5 and Common Council of the City of San Bernardino at a i oint regular meeting
6 thereof, held on the 15thday of July , 2013, by the following vote, to wit:
7 Council Members: AYES NAYS ABSTAIN ABSENT
8
MARQUEZ x
9
10 JENKINS x
11 VALDIVIA x
12 SHORETT x
13 KELLEY x
14
JOHNSON x
15
16 MCCAMMACK x
17
18 Geor ann Hanna, City Clerk
19
The foregoing resolution is hereby approved this ii 'day of July , 2013.
20
21 •mi.
P., rick J. Mon u or
22 ' ty of San Bernardino
23 Approved as to form:
24 JAMES F. PENMAN,
City Attorney
25
26 By: • �
27 //
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EXHIBIT "1"
LEASE
THIS LEASE AGREEMENT is made and entered into this 15th day of
July , 2013, 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. Property 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 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
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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 five (5) years ("Initial Term), commencing on July 23,
2013 ("Commencement Date") and terminating on July 22, 2018, unless terminated at an earlier
date as provided in paragraph 9.
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4. Lease Payments.
(a) Upon the Commencement Date, Lessee shall pay Lessor as rent, the annual sum
of Three Thousand Seven Hundred Fifty and 00/100 Dollars ($3,750.00) "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 Three Hundred Twelve and 50/100 Dollars ($312.50) 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
Public Works Department/Real Property Section
300 North"D" Street, 3rd Floor
San Bernardino, California 92418
(b) Rent shall be increased on each yearly anniversary of the Rent Start Date by an
amount equal to five percent (5%) of the rent then in effect for the previous year.
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.
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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/Possessory 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
this lease and any extension thereof, at its expense, public liability insurance in companies and
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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.
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
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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 Chances Required by 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.
(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.
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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 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.
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:
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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. Assignments.
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. Valid .
If any one 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.
20. Lease Breached by Lessee's Receivership, Assignment for the Benefit of Creditors,
Insolvency, or Bankruptcy.
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.
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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 any one or more persons directly or indirectly
employed by or acting as agent for Lessee. Lessee agrees to and shall defend Lessor and its
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
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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 LESSEE
City of San Bernardino Casa Ramona, Inc.
Public Works Department/Real Property Section 1524 W. 7th Street
300 North"D" Street, 3rd Floor San Bernardino, CA 92411
San Bernardino, CA 92418
25. Time of Essence.
Time is of 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.
28. Entire Agreement.
This agreement constitutes the entire Agreement between the parties and may be
modified only by further written agreement between parties.
29. Attorneys' 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
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Attorney, and members of his office, in connection with that action shall be considered as
attorneys' fees for the purpose of this Lease.
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: By:
ALLEN PARKER, City Manager JERRY CASILLAS, Board President
Date: Date:
ATTEST:
By:
GEORGEANN HANNA, City Clerk
Approved as to form:
JAMES F. PENMAN, City Attorney
By:
1
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CITY OF SAN BERNARDINO sheet f_of,erl REAL PROPERTY SECTION 1
V"--I
PUBLIC WORKS DIVISION
_
""'"'i PROPOSED AREA TO BE LEASED TO CASA RAMONA,INC.,
FOR THE PURPOSE OF A CHILD CARE FACILITY-1633 W.
5TH SlREET,SAN BERNARDINO(NUNEZ PARK).
Created by Ryan Sandoval -1;05 Date: (0/16/01 LEA:EANyDo:BE LEAsED ay
CASA RAMONA.INC. '-'7'
Checked by: Laszlo Fogassy09 Date:/j,/,,,
7 4./el' File No :15.06-172
07/08/13 12
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EXHIBIT "1"
LEASE
THIS LEASE AGREEMENT is made and entered into this 15th day of
July , 2013, 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. Property 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 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
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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 five (5) years ("Initial Term), commencing on July 23,
2013 ("Commencement Date") and terminating on July 22, 2018, unless terminated at an earlier
date as provided in paragraph 9.
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4. Lease Payments.
(a) Upon the Commencement Date, Lessee shall pay Lessor as rent, the annual sum
of Three Thousand Seven Hundred Fifty and 00/100 Dollars ($3,750.00) "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 Three Hundred Twelve and 50/100 Dollars ($312.50) 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
Public Works Department/Real Property Section
300 North"D" Street, 3rd Floor
San Bernardino, California 92418
(b) Rent shall be increased on each yearly anniversary of the Rent Start Date by an
amount equal to five percent (5%) of the rent then in effect for the previous year.
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.
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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/Possessory 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
this lease and any extension thereof, at its expense, public liability insurance in companies and
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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.
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
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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 Changes Required by 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.
(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.
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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 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.
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:
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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. Assignments.
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. Validi .
If any one 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.
20. Lease Breached by Lessee's Receivership, Assignment for the Benefit of Creditors,
Insolvency, or Bankruptcy.
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.
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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 any one or more persons directly or indirectly
employed by or acting as agent for Lessee. Lessee agrees to and shall defend Lessor and its
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
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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 LESSEE
City of San Bernardino Casa Ramona, Inc.
Public Works Department/Real Property Section 1524 W. 7th Street
300 North"D" Street, 3rd Floor San Bernardino, CA 92411
San Bernardino, CA 92418
25. Time of Essence.
Time is of 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.
28. Entire Agreement.
This agreement constitutes the entire Agreement between the parties and may be
modified only by further written agreement between parties.
29. Attorneys' 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
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Attorney, and members of his office, in connection with that action shall be considered as
attorneys' fees for the purpose of this Lease.
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: /74‘../ By:
ALLE. 'ARKER, City Manager JE' ' 'o LLAS, Board President
Date: l7 Date: 7/. 3A3
ATTEST:
GEORGEA :f ANNA, 'Clerk
Approved as to form:
JAMES F. PENMAN, City Attorney
By: (
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CITY OF SAN BERNARDINO Sheet I of1
PUBLIC WORKS DIVISION
REAL.PROPERTY SECTION
r PROPOSED AREA TO BE LEASED TO CASA RAMONA,INC
FOR THE PURPOSE OF A CHILD CARE FACILITY-1633 W..
5TH STREET,SAN BERNARDINO(NUNE2 PARK).
,..,,, _
Created by: Ryan Sandoval -71.00 LEGEND:Date: to/ $1 PI AREA TO BE LEASED BY= v /A
CASA RAMONA,INC.
Checked by: Laszlo Fogassy0) Date: j1,,,
7 Q/on' File No.:15.06-172
07/08/13 12