HomeMy WebLinkAbout1982-3391
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RESOLUTION NO. 32--339
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A LEASE WITH THE DIOCESE OF' SAN BERNARDINO EDUCATION
AND WELFARE CORPORATION RELATING TO THE USE OF THREE PORTABLE
CLASSROOMS LOCATED ON NUNEZ PARK.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is hereby
authorized and directed to execute on behalf of said City a Lease
with the Diocese of San Bernardino Education and Welfare Corpora-
tion relating to the use of three portable classrooms located on
Nunez Park, a copy of which is attached hereto, marked Exhibit "A"
and incorporated herein by reference as fully as though set
forth at length.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a regular meeting thereof, held on
the 2nd day of August , 1982, by the following
vote, to wit:
AYES: Council Members Castaneda, Reilly, Hernandez,
nuiel, Hobbs, Strickler..
NAYS: None
ABSENT: None
City Clerk
The foregoing resolution is hereby approved this day
of August 1982. Z 2
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L E A S E
(Day Care Center, Nunez Park)
THIS LEASE is made and entered into this day of
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1982, by and between the CITY OF SAN BERNARDINO,
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a municiial corporation, hereafter referred to as "Lessor", and
DIOCESE OF SAN BERNARDINO EDUCATION AND WELFARE CORPORATION, a
California nonprofit corporation, hereafter referred to as
"Lessee".
NOW, THEREFORE, in consideration of the rental hereafter
reserved and agreed to be paid to Lessor by Lessee and the mutual
promises, obligations, and covenants hereinafter set forth and the
faithful performance thereof, the parties mutually agree as
follows:
1. Property Leased. Lessor hereby leases a structure
consisting of three portable classrooms located upon
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 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.
2. Use. The leased premises shall be used for a child day
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care center/child development 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
center on the basis of race, color, creed, religion, 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 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 on the leased premises, nor shall it use or allow the
premises to be used for an unlawful purpose.
3. Term. The term of this Lease shall be for a period of
five years, beginning August 1, 1982, and ending July 31, 1987.
4. Payments. Lessee agrees to pay and Lessor agrees to
accept as rental for said premises, for the entire term hereof, a
21 monthly rental of SEVENTY-FIVE DOLLARS ($75.00). The said rental
22 payments shall be paid on or before the first Monday of each and
23 every month of the term herein, and made payable to the CITY OF
24 SAN BERNARDINO, attention; Finance Department, at the address
25 hereinafter set forth.
26 5. Utilities. Lessee shall pay for all electricity, gas,
27 telephone service, and all other services and utilities including
28 service installation fees and charges for such utilities which are
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now provided to the leased premises 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.
6. 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 leased 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.
7. Insurance. Lessee agrees to procure and maintain in
force during the term of this Lease and any extension thereof, at
its expense, a policy or policies of insurance against loss or
damage to the leased premises, and appurtenances and permanent
equipment, resulting from fire, in a minimum amount of $10,000.00
and from lightning, vandalism, malicious mischief, and such perils
ordinarily defined as "extended coverage" and other perils in a
minimum amount of $10,000.00. The fire and extended coverage
insurance policy shall include Lessor as an additional insured,
and shall contain a provision that loss shall be payable to Lesseel
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 having a rating by Best's Insurance Guide of "A"
(General Policyholder) and "AA" (Financial) ratings or better,
adequate to protect against liability for damage claims through
public use of or arising out of accidents occurring in or around
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the leased premises, in a minimum amount of $200,000.00 for each
person injured, $600,000.00 for any one accident, $100,000.00 for
property damage. Such insurance policies shall provide coverage
for Lessor's contingent liability on such claims of losses, and
Lessor shall be named an additional insured. The policies or
certificates of insurance shall be delivered to Lessor,
attention: Real Property Section, for keeping. Lessee agrees to
obtain a written obligation from the insurers to notify Lessor,
attention: Real Property Section, in writing at least thirty days
prior to cancellation or refusal to renew any such policies.
Lessee agrees that, if such insurance policies are not kept in
force during the term of this Lease and any extension thereof,
Lessor may have the option to immediately declare this Lease in
default, and to terminate said Lease.
8. Renewal Option. Unless this Lease is sooner terminated,
as provided herein, Lessee shall have the right of option to renew
this Lease at the end of the term hereof. In the event Lessee
shall desire to avail itself of the option hereinabove provided,
it shall notify Lessor in writing of its intention to do so at
least ninety days prior to such option date, and the terms of said
Lease will be renegotiated.
9. Termination. Lessee shall have the right to terminate
this Lease without further liability upon the service of ninety
day's advance written notice of such termination by the Lessee to
the Lessor or to its assigns. Upon termination of this Lease,
Lessee shall surrender the property occupied by this Lease in as
good condition as same was at the time of Lessee's entry thereof,
ubject to the conditions herein set forth.
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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 all improvements thereon in good order,
condition, and repair. Lessee shall provide or cause to be
provided all security service, custodial service, and janitorial
service, which is 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. Duty to Make 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:
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(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 connected therewith.
(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 expense
connected therewith.
13. Defaults. In the event Lessee shall be in default in
the payment of rentals or other charges hereunder or shall
otherwise breach its covenants or obligations hereunder, and shall
be and remain in default for a period of thirty days after notice
from Lessor to it 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, its 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 inspecton 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 breach of
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one term, covenant, or condition of this Lease is not a waiver of
breach of others, nor of subsequent breach of the one waived.
Lessor's acceptance of rent installments after breach is not a
waiver of the breach, except of breach of the covenant to pay the
rent installment or installments accepted.
16. Non -Discrimination. Lessee hereby covenants by and for
litself, its successors, executors, administrators, and assigns,
land all persons under or through it, and this Lease is made and
accepted upon and subject to the following conditions:
That there shall be no discrimination against or segregation
of any person or group of persons, on account of race, color,
creed, national origin, or ancestry, in the leasing, subleasing,
transferring, use, occupancy, tenure, or enjoyment of the premises
herein 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, sublessees, subtenants, or vendees in the premises herein
leased.
17. Assignments. Lessee shall not assign this Lease or
sublet the said demised premises or any part thereof without
obtaining the prior written consent of the Lessor.
18. Validity. 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 of the remaining terms, provisions, promises, covenants,
and conditions of this Lease shall not be affected thereby and
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shall be valid and 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
Benefit of Creditors, Insolvency, or Bankruptcy. Appointment of a
receiver to take possession of Lessee's assets, Lessee's general
assignment for benefit of creditors, or Lessee's insolvency or
taking or suffering action under the Bankruptcy Act is a breach of
this Lease and shall terminate same.
21. Eminent Domain. If the whole of the leased premises, or
so much thereof as to render the remainder unusable for the
rposes for which the same was leased, shall be taken under the
16 11power of eminent domain, then this Lease shall terminate as of the
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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 purposes, then this
ase shall continue in full force and effect and shall not be
21 terminated by virtue of such taking and the parties may waive the
22 benefit of any law to the contrary, in which event there shall be
23 a partial abatement of the rent hereunder in an amount equivalent
24 to the prorated use of the remaining premises. Any award made in
25 eminent domain proceedings for the taking or damaging of the
26 Ileased premises in whole or in part shall be paid to the Lessor
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(together
with any
other money which shall be or may be made
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vailable
for such
purpose).
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22. Hold Harmless. Lessee hereby agrees to, and shall, hold
Lessor, its elective and appointive boards, commissions, officers,
agents and employees harmless from any liability for damage or
claims for damage for personal injury, including death, as well as',
from claims for property damage which may arise from 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 and employees from any suits or actions at law or in
equity for damages caused, or alleged to have been caused, by
reason of any of the aforesaid operations.
23. Amendment. This Lease may be amended or modified only
by written agreement signed by both parties hereto.
24. Notices. All notices herein required shall be in
writing and delivered in person or sent by certified mail, postage)
prepaid, addressed as follows:
Lessor Lessee
City of San Bernardino Diocese of San Bernardino
Attn: Real Property Section Education & Welfare Corp.
300 North "D" Street 1738 North Waterman Avenue,
San Bernardino, CA 92418 Suite 7
San Bernardino, CA 92404
25. Time of Essence. Time is of the essence herein.
IN WITNESS WHEREOF, the parties hereto have caused this Lease
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to be executed the day and year first above written.
ATTEST:
CITY OF SAN BERNARDINO
27 �l�i'l% ? ` {_ Mayor r
City Clerk
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rAJ
Approved as to form:
City AtVbrney
DIOCESE OF SAN BERNARDINO
EDUCATION & WELFARE CORPORATION
Sister Ann Muckerman
Superintendent of Schools
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