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ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Date: May 17,2005
Subject:. RESOLUTION OF THE MAYOR
AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE
MAYOR OR HER DESIGNEE TO EXECUTE A
LEASE AGREEMENT BETWEEN THE CITY
OF SAN BERNARDINO AND A SPECIAL
PLACE CHILDREN'S HANDS-ON MUSEUM
FOR THE CODDINGTON LffiRARY
BUILDING LOCATED AT PERRIS HILL
PARK.
MICC Meeting Date: June 6, 2005
From: Lemuel P. Randolph, Director
Dept: Parks, Recreation &
Community Services Dept.
Synopsis of Previous Council Action:
5-4-05 - Recommended for approval at the Ways & Means Committee.
Recommended Motion:
Adopt Resolution.
Authorize the Director of Finance to amend the FY 04-05 budget by transferring $7,900 from
General Gov. Fine Arts account 001-091-5185 to Parks account 001-381-5502 to cover the
FY04-05 costs for the Children's Museum as outlined in the staff report. For FY 05-06 the
Director of Finance is authorized to add $20,100 to the Parks budget in account 001-381-5502 to
~verthe FY OS.{)6 costs for the Children's Musewn "ft~ _
~ Signature
Contact person: Lemuel P. Randolph
Phone: 5030
Supporting data attached: staffrllport reso agreement
Ward:
FUNDING REQUIREMENTS: Amount: S7,900/S20,10P
Transfer $7,900 from
Source: (Acct. No.) 001-091-5185 to 001-381-5502 FY04-05
001-381-5502 FY05-06
(Acct. Description) General Gov. Fine Arts / Parks Budget
Finance:
Council Notes:
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the
Mayor or her designee to execute a Lease Agreement between the City of San Bernardino and A
Special Place Children's Hands-On Museum for the Coddington Library Building located at
Perris Hill Park.
Background:
A Special Place Children's Museum is a non-profit corporation that was founded in the inland valley
of San Bernardino almost 20 years ago. The museum has struggled to meet their financial obligations
the last few years of operation due to a low number of visitors and decreased donations. In February
2005, the board of directors requested assistance from the City of San Bernardino to continue the
operation. On March 9, 2005 the City received a 30-day notice terminating the 2001 lease
agreement. In March the Board of Directors was reconstituted. The Board developed a new focus
for the museum on media, animation, and graphics. The principle leaders of the Board have
significant experience with the It'z Poppin television show. This series was aired on Icrn TV
Channel 3 San Bernardino County and currently on KCSB Channel 3 San Bernardino. This new
management team has requested assistance in transforming the old and outdated museum into a
renovated museum with a new technology focus.
The management team is composed ofDeena Smith and Joset Mason, executive producers of the It'z
Poppin television show, a local 30 minute children's news and variety show. Ms. Smith and Ms.
Mason have provided the city with a proposal to operate the museum with a focus on animation and
graphics. The new team will operate the museum 6 days a week and will target customer's ranging
from 3 years to teens. The team provided the department with a comprehensive plan that included a
marketing strategy, key initiatives, work plan, and a budget for the 2005-2006 fiscal budget year.
A Special Place Children's Museum has requested assistance for the first year of operation. Based on
that request the attached lease agreement includes a one-time payment of $7,900 from unexpended
General Gov. Fine Arts account for FY 2004/05 and another $20,100 which will be distributed in
monthly increments over one-year beginning July 1,2005. The $7,900 will be used to prepare the
building to reopen under the new focus and the $21,000 will be used for museum operations which
will include utilities, building repairs and maintenance, custodial services, security monitoring,
telephone, office supplies, printing, insurance and accounting. The lease agreement also stipulates
that A Special Place Children's Museum will pay $300 a month for rent, which will be in-kind the
first year. Donations to the City of museum equipment, displays, etc. will be used to offse! the
monthly rent. The Parks, Recreation and Community Services Director will oversee the donations
and determine value of donations. The term of this lease is for five years with the first year being
2005-2006.
If the City were to operate this facility it would cost $20,100 for operations and $33,280 for
personnel for a total of$53,380.
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Financial Impact:
The cost to the General Fund would be $28,100.
Recommendation:
Adopt Resolution.
Authorize the Director of Finance to amend the FY 04-05 budget by transferring $7,900 from
General Gov. Fine Arts account 001-091-5185 to Parks account 001-381-5502 to cover the
FY04-05 costs for the Children's Museum as outlined in the staff report. For FY 05-06 the
Director of Finance is authorized to add $20,100 to the Parks budget in account 001-381-5502 to
cover the FY 05-06 costs for the Children's Museum as outlined in the staff report.
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RESOLUTION NO.~ (()) lP Y
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE' CITY
OF SAN BERNARDINO AUTHORIZING THE MAYOR OR HER DESIGNEE TO
EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND A SPECIAL PLACE CHILDREN'S HANDS-ON MUSEUM FOR THE
CODDINGTON LIBRARY BUILDING LOCATED AT PERRIS HILL 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 or her designee is hereby
authorized and directed to execute on behalf of said City a Lease Agreement with A Special
Place Children's Hands-On Museum for a period of five (5) years, a copy of which is attached
hereto. marked Exhibit "A" and incorporated herein by reference as fully as though set forth at
length. c
SECTION 2. The authorization to execute the above referenced agreement is
rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage
of this resolution.
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RESOLUTION OF THE MAYOR Al\'D COMMO~ COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZI~G THE MAYOR OR HER DESIGNEE TO
EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND A SPECIAL PLACE CHILDREN'S HANDS-ON MUSEUM FOR THE
CODDINGTON LIBRARY BUILDING LOCATED AT PERRIS HILL PARK.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the ~1ayor
5
G I' and Common Council of the City of San Bernardino at a
meeting thereof. held
7 on the
day of
, 2005, by the following vote, to wit:
8 Council Members:
ABST AIN ABSENT
AYES
NA YS
ESTRADA
LONGVILLE
MCGINNIS
DERRY
KELLEY
JOHNSO)J
MCCAMMACK
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this
day of
2005.
Judith Valles, !vlayor
City of San Bernardino
Approved as to
Form and legal content:
.IAI\1ES F. PENMAN.
City Attorney
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Exhibit "A"
LEASE
This Lease Agreement entered into this day of by and
between the CITY OF SAN BERt'\T..\RDINO, a municipal corporation, hereinafter referred to as
"Lessor", and A SPECIAL PLACE CHILDREN'S HANDS-ON MUSEU!\!, a Califomia
nonprofit public benefit corporation. hereinafter referred to as "Lessee".
WITNESSETH
WHEREAS, Lessor has certain property known as the Coddington Library Building
located in Perris Hill Park ("the facility"), which it has available for a beneficial public use; and
WHEREAS, Lessee is willing to provide a service to the residents of the City at a
minimal cost which will be compatible with the surrounding park use; and
NOW, THEREFORE, theparties hereto agree as follows:
1. Lessor does hereby lease to Lessee and Lessee does hereby lease the facility from
Lessor.
The teml of this Lease shall be five (5) years, commencing on the date both
Lessor and Lessee have executed said Lease ("Commencement Date"). Lessee
shall have the right to extend the term of this lease for one additional five (5) year
tenTI subject to mutual written consent.
Lessor will provide lessee a grant of $8000 for initial set up cost for museum
operations.
4. lessor will cover the cost of museum operations in the amount of $20,050 for the
first year of the agreement only. Museum operations include utilities, building
repairs and maintenance, custodial services, security monitoring, telephone, office
supplies, printing, insurance and accounting. lessor will make monthly payments
ofSL670.83 for twelve months.
2.
,
.".
5.
Lessee may be subject to audit as determined by City.
Lessee shall submit a monthly report of actiJ.'ities, revenues and expenditures of A
Special Place Children's Museum to the Director of Parks. Recreation and
Community Services by the 5th day of the following month.
In consideration for this lease, Lessee shall pay Lessor by the 1 st of each month
$300 rent. Donation to City of museum equipment, displays, etc. can be used to
6.
7.
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offset monthly rent at the discretion of the Parks. Recreation and Community
Services Director. The dollar value of donation in lieu of rent is also at the
discretion of the Parks. Recreation and Community Services Director. Any
equipment that may be accepted by City in lieu of rent payment will become
property of City and will be clearly marked and inventoried as such by City. Any
such equipment shall remain at the facility for use by A Special Place for the
duration of the lease.
Payments shall be directed to:
City of San Bernardino
Director of Finance
300 North "D" Street
San Bernardino, CA 924 I 8
Lessee shall use the facility as a "hands-on children's museum" and related uses
and for no other purpose. Lessee shall be open to the public a minimum of 220
days per year.
Lessee shall be responsible for all utilities, including, but not limited to, gas,
electricity, water, and telephone service. The first year of the agreement lessee
may use lessor's museum operations funding to cover the cost of these expenses.
10. Lessee shall be responsible for maintaining the facility in compliance with all City
codes and for keeping the facility in good repair for the duration of the lease.
Compliance with said codes shall be deternlined by the appropriate City officers
and employees. Lessee shall make no improvements to the facility without City's
approval. All signage shall be subject to City approval.
8.
9.
II. Lessee shall obtain and maintain statutory worker's compensation insurance, and
public liability and property damage insurance in amounts not less than a
combined single limit of $1 ,000,000.00. Copies of said policies shall be delivered
to the Parks, Recreation and Community Services Department and the City's Risk
Management Department upon Commencement Date.
Lessee agrees to defend, indemnify, save, and holJ Lessor, its officers, agents and
12.
employees, harmless from any claims or suits that may be brought by third
persons on account of personal injury, death, or damage to property, or a property
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13.
or busincss or personal intcrest, arising from any negligent act or omission by
Lessee while perfonning under this Lease.
Lessor may tenninate the Leasc with a 30-day written notice of intent with cause.
Lessee shall have the right to tenninate this Lease upon giving thirty (30) days
notice in wriling to Lessor. In such event, or in thc cvent of a tennination under
paragraph 13. Lessee shall remO\'e all of its equipment, fUl11iture and fUl11ishings
from the facility.
Lessee must remove all personal propcrty with in the time limits of tennination
notice from lessee or lessor as appropriate.
Lessee agrees that it will not discriminate against any person in emplOyment or in
the providing of services under this Lease on basis of race, creed, color, sex,
national heritage or physical handicap.
At any time during business hours, Lessor or its agents or representatives may
enter into the facility to inspect \vithout cost.
Lessee shall neither assign this Lease nor sublet the facility without City's
approval.
Lessor shall appro\'e in advance all rates, fees and hours and dates of operations
of tile facIlity.
The parties understand and agree that this Lease may create a possessory interest
in said property subject to property taxation. Should such property taxation be
imposed, Lessee agrees to pay such tax. Nothing in this paragraph shall prevent
Lessee from challenging the imposition or amount of said tax through the legally
established channels.
Any notice to be given pursuant to this Lease shall be in writing and deposited
with the United States Postal Service and addressed as follows:
To the City: City of San BCl11ardino
Dcvelopment Services/Real Property Section
300 North "D" Street
San Bernardino, CA 92418-0001
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To a Special Place: Law Offices of Fullerton, Lemann,
Schaefer & Dominick, LLP
215 North "0" Street, First Floor
San Bernardino, CA 9240 1-1712
Nothing in this paragraph shall prevent the giving of notice by personal service.
I:'\ WITNESS WHEREOF, the parties hereto have executed this Lease on the day and
year set forth at the beginning of this Lease.
A TrEST:
CITY OF SAN BERNARDINO
By
Rachel Clark, City Clerk
By
A SPECIAL PLACE MUSEU~'l
By
Title
Approved as to
Form and legal content:
JAMES F. PENMAN.
City Attorney
By:
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ORIGI^~ ~~~
LEASE
This Lease Agreement entered into this day of by and
between the CITY OF SAN BERNARDINO, a municipal corporation, hereinafter refen-ed to as
"Lessor", and A SPECIAL PLACE CHILDREN'S HANDS-ON MUSEUM, a California
nonprofit public benefit corporation, hereinafter referred to as "Lessee".
WITNESSETH
WHEREAS, Lessor has certain property known as the Coddington Library Building
located in Perris Hill Park ("the facility"), which it has available for a beneficial public use; and
WHEREAS, Lessee is willing to provide a service to the residents of the City at a
minimal cost which will be compatible with the surrounding park use; and
NOW, THEREFORE, the parties hereto agree as follows:
I. Lessor does hereby lease to Lessee and Lessee does hereby lease the facility from
Lessor.
,
The term of this Lease shall be five (5) years, commencing on the date both
Lessor and Lessee have executed said Lease ("Commencement Date"). Lessee
shall have the right to extend the tern1 of this lease for one additional five (5) year
term subject to mutual written consent.
Lessor will provide lessee a grant of S8000 for initial set up cost for museum
operations.
Lessor will cover the cost of museum operations in the amount of S20,050 for the
first year of the agreement only. Museum operations include utilities, building
repairs and maintenance, custodial services, security monitoring, telephone, office
supplies, printing, insurance and accounting. Lessor will make monthly payments
of$1,670.83 for twelve months.
Lessee may be subject to audit as determined by City.
Lessee shall submit a monthly report of activities, revenues and expenditures of A
Special Place Children's Museum to the Director of Parks, Recreation and
Community Services by the 5th day of the following month.
In consideration for this lease, Lessee shall pay Lessor by the 1 Sl of each month
$300 rent. Donation to City of museum equipment, displays, etc. can be used to
,
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4.
5.
6.
7.
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offset monthly rent at the discretion of the Parks, Recreation and COlllmunity
Services Director. The dollar value of donation in lieu of rent is also at the
discretion of the Parks, Recreation and Community Services Director. Any
equipment that may be accepted by City in lieu of rent payment will become
property of City and will be clearly marked and inventoried as such by City. Any
such equipment shall remain at the facility for use by A Special Place for the
duration of the lease.
Payments shall be directed to:
City of San Bernardino
Director of Finance
300 North "D" Street
San Bernardino, CA 92418
8.
Lessee shall use the facility as a "hands-on children's museum" and related uses
and for no other purpose. Lessee shall be open to the public a minimum of 220
days per year.
Lessee shall be responsible for all utilities, induding, but not limited to, gas,
electricity, water, and telephone service. The first year of the agreement lessee
may use lessor's museum operations funding to cover the cost of these expenses.
Lessee shall be responsible for maintaining the facility in compliance with all City
codes and for keeping the facility in good repair for the duration of the lease.
Compliance with said codes shall be detennined by the appropriate City officers
and employees. Lessee shall make no improvements to the facility \vithout City's
approval. All signage shall be subject to City approval.
Lessee shall obtain ~nd maintain statutory worker's compensation insurance, and
public liability and property damage insurance in amounts not less than a
combined single limit of $ 1,000,000.00. Copies of said policies shall be delivered
to the Parks, Recreation and Community Services Department and the City's Risk
Management Department upon Commencement Date.
Lessee agrees to defend, indemnify, save, and hold Lessor, its officers, agents and
employees, hannless from any claims or suits that may be brought by third
persons on account of personal injury, death, or damage to property, or a property
9.
10.
11.
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13.
or business or personal interest, arising from any negligent aet or omission hy
Lessee while performing under this Lease.
Lessor may terminate the Lease with a 30-day written notice of intent with cause.
Lessee shall have the right to terminate this Lease upon giving thiliy (30) days
notice in writing to Lessor. In such event, or in the event of a termination under
paragraph 13, Lessee shall remove all of its equipment, furniture and furnishings
from the facility.
Lessee must remove all personal property with in the time limits of termination
notice from lessee or lessor as appropriate.
Lessee agrees that it will not discriminate against any person in employment or in
the providing of services under this Lease on 'basis of race, creed, color, sex,
national heritage or physical handicap.
At any time during business hours, Lessor or its agents or representatives may
enter into the facility to inspect without cost.
Lessee shall neither assign this Lease nor sublet the facility without City's
approval.
Lessor shall approve in advance all rates, fees and hours and dates of operations
of the facility.
The parties understand and agree that this Lease may create a possessory' interest
in said property subject to property taxation. Should such property taxation be
imposed, Lessee agrees to pay such tax. Nothing in this paragraph shall prevent
Lessee from challenging the imposition or amount of said tax through the legally
established channels.
Any notice to be given pursuant to this Lease shall he in writing and deposited
with the United States Postal Service and addressed as follows:
To the City: City of San Bernardino
Development Services/Real Property Section
300 North "D" Street
San Bernardino, CA 92418-0001
14.
15.
16.
17.
18.
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To a Special Placc: Law Offices of Fullerton, Lemann.
Schaefer & Dominick, LLP
215 North "0" Street, First floor
San Bernardino, CA 92401-1712
Nothing in this paragraph shall prevent the giving of notice by personal service.
IN WITNESS \\'HEREOF. the partics hereto have executed this Lease on the day and
year set forth at the beginning of this Lease.
ATTEST:
CITY OF SAN BERNARDINO
By
Rachel Clark, City Clerk
By
A SPECIAL PLACE MUSEUM
By
Title
Approved as to
Form and legal content:
JAMES F. PENMAN,
City Attorney
BY~~ Z tv.-