HomeMy WebLinkAboutR24-Redevelopment Agency
T
~
-
. 4 I - I
REI;..NELOPMENT AGENCY .R......~UEST FOR ~~MMISSION/COUNCIL ActION
I
I
I
From: GLENDA SAUL
Subject: HISPANIC CHAMBER OF COMMERCE. INC,
(GRANT DEED CONVEYANCE)
, ...t: Redevelopment Agency
Date: NOVEMBER 13, 1985
Synopsis of Previous Commission/Council action:
I
NONE
Recommended motion:
(MAYOR AND COMMON COUNCIL)
A) RESO~UTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A GRANT
DEED CONVEYING CERTAIN PROPERTY TO THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO.
B) Move to set Joint Public Hearing regarding proposed sale to Hispanic Chamber of
Commerce that certain property located at 972 North Mt. Vernon Avenue for
December 18, 1985.
Contact person:
Glenda Saul/Kenneth J, Henderson
Phone: 383-5081
Supporting data attached:
Staff Report
Ward:
3
FUNDING REQUIREMENTS:
Amount: $
N/A
Project: N/ A
No adverse Impact on City:
Date:
November 18, 1985
r "'lcil Notes:
Agenda Item NO'~ 2... ~
. I
. CI'~_,' OF SAN BERNARDr.:O - REQUr:,T FOR COU~CIL AC ,_~ON
I
I
STAFF REPORT
I
Over the last three (3) months, Agency staff have met with Councilwoman
Estrada and members of the Hispanic Chamber of Commerce regarding the
rehabilitation of the city-owned building at 972 North Mt. Vernon Avenue the
Chamber currently :leases from the City. These discussions have centered
around the fact that the Chamber as the lessee cannot secure financing
necessary to rehabilitate the building and make its use more productive for
the residents of the City.
I
The Chamber has a forty-nine (49) year lease with the City that began February
5, 1964 and ends February 5, 2013, with an annual rental rate of one dollar
($1.00) payable on or before July 1 each and every year during the term of the
lease. The Chamber may use the building only for recreational, cultural and
educational purposes and to advertise and publicize the advantages and
resources of the City of San Bernardino.
After the first meeting held in August of 1985, staff (along with staff from
Building and Safety, Department) visited the building in question and developed
a rough estimate of the cost of rehabilitation totaling approximately
$40,000. The rough estimate does not include the cost of a termite report,
fumigation or the cost of an engineering report that would be required by the
Building and Safety Department. Nor does the estimate include the cost of
repairing any structural deficiencies that might be a part of the engineering
report.
In addition to meeting with Buildng and Safety, staff also consulted with the
Planning Department I and the following summarizes the findings to date:
a) The current zoning is C-3 (for commercial use only).
b) If the size of the existing building is increased by building on new
square footage, plans will have to be submitted to the Development Review
Committee (DRC). Once this occurs, the project, including the existing
building, could be subject to any new building codes (Le., emergency
egress, new electrical wiring structural reinforcement, etc.), planning
and zoning ordinances (i.e., increased sewer cpacity rights), Public Works
and Engineering requirements and all related departmental fees.
c) If the existing building is rehabilitated within the confines of the
existng structure, submittal of plans for review (plan check) by Building
and Safety or submittal to Planning for review by DRC is usually not
required, However, when making a pre-inspection, if the City Building
Inspector requires an engineering report, then a review of plans
addressing the correction of any structural deficiencies must be completed
by the Department of Building and Safety. Afterwards, the approved
corrections and plans must be incorporated in the scope of rehabilitation.
In order to implement any approved rehabilitation activity, a number of
actions must be taken by the Mayor and Common Council. The action immediately
before the Mayor and Common Council is approval of a grant deed conveyance
conveying the City-owned building at 972 North Mt. Vernon Avenue from the City
to the Redevelopment Agency subject to the terms of the outstanding lease.
75-0264
...
-.
...,
The Agency, in turn, would
Commerce for the I express
rehabilitation loan from
Rehabilitation Program (NRP).
convey the property
purpose of enabling
the Agency under
to the Hispanic Chamber of
the Chamber to secure a
the City's Neighborhood
,
I
Adoption of the resolution by the Mayor and Common Council would authorize and
direct the Mayor to execute a grant deed conveyance of the building and land
at 972 North Mt. Ve'rnon Avenue to the Redeve10pmen t Agency. The Agency would,
in turn, convey the property to the Hispanic Chamber of Commerce which will
enable the Chamber to secure a rehabilitation loan from the Agency.
By statute, the Agency cannot convey land without a joint public hearing.
Therefore, a joint public hearing should be set on the proposed .. sale" to the
Hispanic Chamber of Commerce for the nominal sum of $1.00. Following the
joint public hearing, the conveyance of the Hispanic Chamber can be finalized.
4711
11/85
- -
'-
'~,
-'
/
'.
.
1
, LEASE AND AGREENENT
TillS LEASE AND AGREENENT is mnde and entered into this
/..'\:4/ day of LJi',( ~ ," r( .", , 1964, by and bet"een the
/
CITY OF SAN BERNARDINO, a municipal corporation, hereinafter
sometimes called Lessor, and MEXICAN CHAMBER OF COMMERCE, a nOn-
profit corporation, hereinafter Sometimes call~ Lessee.
WHEREAS, Lessor desires to lease certain property to
Lessee; and
WHEREAS, it is not contemplated that said property "ill
be needed for municipal use during the term hereof;
Nm~, THEREFORE, in consideration of the covenants, pro-
mises and agreements herein contained, it is hereby agreed as
follows:
2
.
4
5
,6
T
8
9
10
11
12
IS
14
1. Propertv leased.
15 Lessor, for and in consideration of the rents herein re-
16 served and agreed to be paid by the Lessee and in further COn-
IT sideration of the covenants and agreements herein contained on
18 the part of the Lessee to be kept, performed and fulfilled, here-
19 by leases and lets to the Lessee, and the Lessee hereby hires and
~ leases from the Lessor, that cer~ain real property situated in
21 the City of San Bernardino, County of San Bernardino, State of
n Californi~more particularly described in Exhibit No.1, which
~ is attached hereto and by this reference made a part hereof, as
~ fully as though set forth at length herein, and improvements 10-
~ cated thereon, for the term of forty-nine (49) years commencing
26 on the day, month and year o~ the execution of this Lease as Co" t
27
28
29
30
31
32
forth above, and ending On the same day and month, as the e"ecu-
tion date of this"Lease, duri~g the forty-ninth (49th) year of
the term of this lease.
/~ Ann~al Rental Payments
Lessee agrees to pay and Lessor agrees to accept as
rental for said premises, during the term aforesaid, an annual
.
,-
-- .
4
5
6
1
8
, 9
10
11
12
13
14
15
16
11
18
19
20
21
22
23
24
25
26
21
28
2P
30
31
32
--
~
-
~..
/
'~.
i__ '
1 rental 'Of ayable in advance on or before the
of July each and every year uring the term hereof at
Hall, San Bernardino, California.
3. ~
It is agreed that the leased premises ahall be used
solely for recreational, cultural and educational purposes and to
advertise and publicize the advantages and resources of the City
of San Bernardino, for the benefit bf the members of Lessee and
the residents of the City of San Bernardino without discrimination
as to race, color, creed, national origin or religion.
4. Imorovements.
Lessee shall ~nstall and construct an additional rest
room in the building located on the leased premises not later than
one year after the date of the commencement of this lease. Lessee
further agrees to prepare plans and specifications for other neces
sary improvements to said building at the earliest practicable
time; to submit said plans and specifications to the Superintend-
ent of the Building and Safety Department of Lessor for his'appro-
valor modification thereof; and shall complete said other neces-
sary improvements to said building within three (3) years from the
date of the commencement of this lease.
5. Rules and Regulations.
Any rules and regulations adopted by Lessee for the use
and operation of the building or lands of the leased premises shal
be subject to the approval of the governing body of Lessor.
6. Covenants of Lessee.
Lessee covenants and agrees with Lessor as follows:
(1) That it will'not use said ,premises for' any unlawful
purposes.
(2) That it will pay the rent as above specified.
(3) Xhat it will use said premises in a careful and pru-
dent manner.
-2-
.
-
-
-
..... .
.'
i__ ."
1
.
(4) That it will comply with such lawful requirements of
State, Municipal and public authorities as relate to
its use and occupancy of said premises.
(5) That it will maintain said premises and improve-
ments and make all replacements 'aa repait.=s neces-
sary to said premises and improvements during the
term hereof, ordinary wear and tear excepted.
(6) That it will permit Lessor to examine said premises
during the usual business hours.
2
,1
41
fi
I
6
I
1
81
\I
10
(7) That it will pay for all gas, electricity, light,
heat, power, water and other service or utility
used on or supplied to said premises.
(8) That iu addition to and as a part of the rent,
11
12
13
14
Lessee agrees to pay during the term of the lease
all real and personal taxes and assessments on or
in respect to said premises and/or improvements
and/or leasehold, any and all installments of spe-
cial assessments against said premises and/or ,im-
provements, which become due and payable during
the term of this lease, and all insurance premiums
for policies required under the provisions of this
lease.
15
16
11
18
19
20
21
22
23
7. Insurance Policies.
~ Lessee shall at all times on and after the date on which
~ this Lease commences and at i~s own expense, keep all of the im-
~ provements and the leased premises insured again$t loss or damage
~ by fire and oth~r risks covered by standard extended coverage
~ 'endorsement, and by vandalism and malicious mischief, and insured
~ against loss or destruction due to shock or earthquake, in an
~ amount equal to not less than the replacement cost of such im-
'1 provements.
'2 Lessee wil~ procure and maintain in force during the
-3-
-
-
......
/ '
i__ ~
1
2
I
term,oL this lease an insurance pol~cy or policies insuring Les-
sor against public liability and property damage in the following
5 minimum amounts, to wit:
6
For injury to or death of one person
Subject to the above limit for each
person, for injury to or death of two
or more persons in anyone occurrence
,;
$ IOe c ct:J, tN'
4
41
7
$ 1co #00, DO
8 For damage to property of others
9 for each occurrence $ ,C "",' "
10 All insurance shall be carried with insurance companies
11 approved by Lessor and licensed to do business in the State of
12 California. A renewal policy shall be procured not less than ten
13 days prior to the expiration of any such policy. The policies of
14 insurance as above provided or certificates of the insurers evi-
lS dencing insurance carried on or respecting the premises hereby
16 leased shall be forthwith deposited with Lessor. The proceeds of
17 any insurance required under this lease shall be paid into the
18 treasury of Lessor.
19
8. Liens.
~ If any mechanic's lien or liens shall be filed against
21 the leased premises for work done by or for, or materials fur-
22 nished to Lessee, Lessee shall forthwith or within a reasonable
23 time thereafter either cause the same to be discharged by paying
~ the amount of the lien or shall litigate the same with due care
~ and diligence to a final jud~ent or decree from which there is
26 no appeal, and in the event 'such judgment or decree, upholds said
~ lien ,in whole or in part, Lessee shall forthwith pay the same.
28 9. Sublet and Assignment. '
~ That Lessee may not sublet the said premises or any part
~ thereof without the prior written consent of Lessor, provided
31 that upon co~sent thereto by Lessor, Lessee shall nevertheless
52 remain liable for the performance of its covenants hereunder.
-4-
-
-- -
T--.
--
-
,
'..
/ '
1__ _
.
11 This Lease shall not be assigned by ~ssee.
2 10. Destruction or Dama~e to Buildinr,s.
I Should the whole or any part of said building at any time
4 be partially or totally destroyed by any cause during the term of
,5 this lease, such building may at Lessee's option to be exercised
6 by written notice to Lessor within thirty days after such partial
7 or total destruction, and at its own expense, be restored or re-
8 paired by Lessee, or replaced by it, with a modern buildin" of
b
9 equal or greater value then suitable to the same needs of Lessee.
10 If such option is not so exercised then this Lease shall forth-
11' with terminate, provided that Lessee shall reimburse Lessor for
12 its loss caused by such destruction or damage to said building in
13, the event Lessee has failed or neglected to obtain or maintain
14, adequate fire or other insurance protection to fully compensate
15 Lessor for such destruction or damage.
16
11. Condemnation of Leased Premises.
17 In the event the leased premises shall be condemned and
18 taken in its entirety for other public or quasi-public use"any
19 award made to compensate either Lessor or Lessee for their respec-
20 tive damage or loss shall be paid to and retained by the Lessor
21 and this lease shall be terminated. In the event only a part of
22
the building is condemned and taken, any award made to Lessor or
Lessee shall be paid to and retained by the Lessor.
12. Lessor's Remedies upon Default.
In the event (a) tha~ Lessee shall default in the per-
23
24
25
U formance or fulfillment of any covenant or condition herein con-
27 tained on its part to be performed or fulfilled, or (b) that Les-
~ 'see shall file a voluntary petition in bankruptcy" or (c) that Les
~ see shall be adju~ged a bankrupt or (d) that Lessee shall make a
~ general assignment for the benefit of creditorb, then, and in any
31 or either' of any of said eve~ts, Lessor may at its option, with-
32 out further notice upon Lessee or upon any persons claiming by,
-5-
--
-
-'
~-
"-
-
, .
'-'
1
.
through 'or under Lessee, immediately'cancel and terminate this
Lease and terminate, each, every, and all rights of Lessee and of
any and all persons claiming by, through or under Lessee in or to
C.;'
the leased premises and in or to the further possession thereof
" ,
2
J
4
&
in which event the leased premises shall immediately revert to
Lessor, together with any and all improvements and fixtures locate
6
1 thereon. Lessor may thereupon enter into and upon the leased
8 premises, repossess the same and expel Lessee and any and all per-
9 sons claiming by, through or under Lessee. Th~ rights and remedies
10 of Lessor, as hereinabove set forth, are cumulative only and shall
11 in no wise be deemed to limit any of the other provisions of this
12 Lease or otherwise to deny to Lessor any right or remedy at law or
U in equity which Lessor may have or assert against Lessee under any
14 law in effect at the date hereof or which may hereafter be enacted
15 or become effective, it being 'the intent hereof that the rights
16 and remedies of Lessor, as hereinabove set forth, shall supplement
17 or be in addition to or in aid of the other provisions of this
18 lease and of any right or remedy at law or'in equity which,I.essor
19 may have against said Lessee.
20
13. Concessions and Encumbrances.
21 Lessee covenants not to grant any concession to be ope-
~ rated on the demised premises, nor to hypothecate, mortgage, make
~ over or encumber this Lease or the term of the leasehold hereby
~, created or any portion of the leasehold of the herein demised prem-
25
ises, without having first obtained the written consent of the Les-
26
ser.
rr
14. Improvement Plans.
~ Building, improvement and lands~aping plans and specifica-
~ tions, the location and size of buildings, structures and improve-
SO ments and the type of construction, style of architecture, and ma-
31 terials to be,used in such buildings, structures or improvements,
n shall be subject to the approval of the Lessor.
-6-
--
1
21
~ J
4
5
6:
T
8
9
10
11
12
15
14
15
16
IT
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
r
--
-
'.'
15.
.
Liability.
'!'his lease is made upon the express condition that the
Lessor shall be free from all liabilities and claims for damages
and/or suits for or by reason of any injury or injuries to any
person or persons or property of any kind whatsoever, whether the
person Dr property of Lessee, its agents Dr employees, or third
persons, from any cause or causes whatsoever while in or upon said
premises or any part thereof during the term of this agreement or
occasioned by any occupancy or use of said premises, Dr any ac-
tivity carried on by Lessee in connection therewith, and Lessee
hereby covenants and agrees to indemnify and save harmless the
Lessor from all liabilities, claims, suits Dr losses however oc-
curring or damages growing out of same.
16. Termination.
'!'his agreement may be terminated by Lessor at any time
after fifteen (15) years has expired from the date of commence-
ment of this lease'by, giving a six'(6) months' written notice to
the Lessee and this agreement shall terminate forthwith six_ (6)
months following the giving of said written notice.
'!'his agreement may be terminated by Lessee by giving six
(6) months written notice to the Lessor and this agreement shall
terminate forthwith six months following the giving of said writ-
ten notice.
'!'his agreement shall forthwith terminate without the
necessity of notice in the event Lessee is dissolved.
17. Amendments.
.
'!'his Agreement may be amended or modifi,ed only by writ-
ten agreements signed by both parties and the failure on the part
of either party to enforce any provision of this Agreement shall
not be construed as a waiver of the right to compel enforcement
of such provision Dr provisions, nor ~ct to release any party or
surety from its obligations under this Agreement.
-7-
---
1
2
- a
4
5
6
7
8
'9
10
11
12
15
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
ao
31
32
~
T
"--
~-
-
'~.
18. Notices.
All notices herein' required shall be in writing and de- '
livered in person or sent by registered mail, postage prepaid.
Notification required to be given to Lessor shall be addressed as
follen.s: City Cleric. City Hall, City of San Bernardino.
Notification required to be given to Lessee shall be ad-
dressed as follows: Mexican Chamber of Commerce, Tenth St. and
Mt. Vernon Avenue, San Bernardino. ,
Provided that any party hereto may change such address
by notice in writing to the other party and thereafter notices
shall be addressed and transmitted to the new address.
19. No Waiver'bv Omission to Enforce.
No acquiescence" failure or neglect of either Lessor
or Lessee to insist on strict performance of any or all of the
terms hereof in one instance shall be considered or constitute a
waiver of the right to insist upon strict performance of the
terms hereof in any subsequent instance.
20. General Conditions of Agreement.
Each and all of the terms and agreements herein con-
tained shall be binding upon and inure to the benefit of the suc-
cessors in interest of Lessor and Lessee respectively. It is
hereby covenanted and agreed that time is of the essence of this
agreement except where othert.ise expressly provided.
If any section, paragraph, sentence, clause, phrase, or
portion of this lease is invalid or shall be hel~ to be invalid,
such invalidity I1hall not affect the validity of the balance or
remainder.
lbere are no covenants and warranties other than those
expressed herein, other than the warranty of title.
IN ~HTNESS lo/HEREOF the parties hereto have subscribed
-8-
.....
.
- ~. .-"
~'
i~.
'-. .
1 their names on the day. month and yepr first above written.
......
/
2
.
4
Attest:
,
~.l.'t"f ,~ q;--~
( Cloty Clerk
6
7
8
9
10
11
12
13
14
15
Approved as to form:
16
17
~~~
~
loty Attorney
-/(. k,() .
18
19
20
21
22
23
24
2S
26
'r1
28
29
30
31
.2
CITY OF SAN BERNARDINO, Lessor
B
..
~".l'"."'~
MEXICAN CHAMBER OF C~mRCE, Lessee
By:
-."
c,y-',
-9-
<...-~
.r- 4-: ,
ecretary ,
.
. '
-.
._~
--
,",
21
'I ~' RESOWT, ION OF THE CITY OF SAN BERliAIlDINO AUTHORIZING THE EXECUTION OF
GRANT DEED CONVEYING CERTAIN PROPERTY TO THE COKHUNITY DEVELOPMENT
4 OMMISSION OF THE CITY SAN BERliAIlDINO.
II BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
~1~ERliAIlDINO AS FOLLOWS:
(jl I
SECTION 1. Recitals
I
a) The City of San Bernardino owns that certain property located at
I
72 North Mt. Vernon Avenue.
9 I
uilding to the Hispanic Chamber of Commerce (nee Mexican Chamber of Commerce)
10 I
or forty-nine (49) years with an annual rental payment of one dollar ($1.00)
I
ach and every year of the life of the lease.
12 I b) ~e Hispanic Chamber of Commerce desires to rehabilitate the
13 I
fUilding and make its use more productive for implementation of cultural,
14
ecreational I and educational programs advertising and publicizing the
Hi ,
dvantages and resources of the City of San Bernardino. Execution of a grant
1G I
~eed by the Mayor of the City of
1 i I
escribed hereinabove to the Community Development Commission of the City of
I
I
Bernardino will enable Commission to convey the property to the Hispanic
RESOLUTION
s
On February 6,
1984,
the
city
leased
the
11
San Bernardino conveying the
property
18
hamber of Commerce allowing the Hispanic Chamber to secure the financing
19
20
21
ecessary to rehabilitate said building located at 972 North Mt. Vernon Avenue.
,
,
c) Pursuant to the authority granted by the California Health and
22
afety Code Sections 33220 and 33396, the Mayor and Common Council are
23
satisfied that it is in the best interest of the City and of the Community
I '
24 I I
Development Commission that such property be conveyed by the City to the
2;)11 I
Fommunity Development Commission without consideration and that such
2G I i
I conveyance will promote and foster the policy contained in Health and Safety
27 I I
Code Section 33037 relating to community development programs.
2S I
I
I,
I
--
~
T
...,-,
-
~
. ........ "-"
I
I
SECTION 2. IMPLEMENTATION
I
'l f
'" The ,Mayor of the City 0 San Bernardino is hereby authorized and
'j I :
v irected to execute on behalf of the City a Grant Deed in form approved by the
I
4 i ty Attorney conveying certain surplus property to the Community Development
I
5 ommission of the City of San Bernardino without consideration, but subject to
I
6 he outstanding lease. The deed shall be recorded and delivered to the
I
I Community Development Commission forthwith.
I
8 AYES: COUNCIL MEMBERS
!J
,
I
I
NAYES:
I
ABSENT:
I
10
11
12
13
14
City Clerk
1 [)
The I foregoing resolution is hereby approved this
I
days
16 f
]7
1985.
18
19
Mayor, City of San Bernardino
20
21
22
23
241 '1472L
2[" rot 85
pproved as to form:
City Attorney
26
27
2X