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ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES FUNK, Director
Subject: Resolution authorizing the
execution of lease agreement with the
YMCA of the East Valley located at 808
East 21st Street (Uptown YMCA).
Dept: Beveippment Services
Date: May 16,2005
File No. 15.06-075
Synopsis of Previous Council Action:
MCC Date: June 6, 2005
05-13-60 ---Resolution No. 5593 was adopted authorizing the execution of a lease with the
Young Men's Christian Association (YMCA) of San Bernardino.
01-16-61 --- Resolution No. 5813 was adopted, authorizing the execution of a first amendment
to the lease with the Young Men's Christian Association (YMCA) of San Bernardino.
02-28-66 --- Resolution No. 8054 was adopted authorizing the execution of a second
amendment to the lease with the Young Men's Christian Association of San Bernardino.
Recommended Motion:
ADOPT RESOLUTION
~~
James Funk
Contact person: Jeanne'made Fitzpatrick, Real
Property Specialist
Supporting data attached: Staff Report/Letter/
Resolution/Agreement
FUNDING REQUIREMENTS: Amount: None
Phone: 5328
2
Ward:
Source: (Acct. No.) N/A
~i1 Not,s: ~
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(Acct. Description) N/A
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Resolution authorizing the execution of a Lease Agreement with the YMCA of the East V alley
located at 808 East 21 st Street (Uptown YMCA).
BACKGROUND:
On May 13, 1960, a Lease Agreement was executed with the Young Men's Christian
Association (YMCA) of San Bernardino, for a portion of City property located on the north side
of 21 st Street, east of V alencia Avenue, being a portion of Perris Hill Park. Since this time, the
YMCA has been operating this facility for recreational, cultural and/or educational purposes. In
lieu of offering this service to the community, the YMCA pays a lease rate of$I.00 per year.
On March 25, 2005, the City received a letter from the YMCA stating that they had merged with
the Redlands Family YMCA (see attached). Upon merger, the surviving corporation is YMCA
of the East Valley. In lieu of amending the existing Agreement, the YMCA has requested that a
new Lease be executed with the proper corporate name, since the current Lease expires in five
years.
The new Lease is for a period of five (5) years, commencing on the date that both parties execute
the Lease, and can be extended for one (1) additional terms of five (5) years, by mutual consent.
The lease payment remains the same of $1.00 per year for every year of the term of the Lease.
FINANCIAL IMPACT:
None
RECOMMENDATION:
Adopt resolution.
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((;(j)IPY
RESOLUTION NO.
RESOLUTION OF THE MA YOR AND COMMON COUNCIL OF THE CITY OF SA!\:
BERNARDINO AUTHORIZING THE EXECUTION OF A LEASE WITH YMCA OF THE
EAST VALLEY, A CORPORA TIOK CONCER:\f!\G A PARCEL OF REAL PROPERTY
LOCA TED 11\' THE CITY OF SAN BERNARDINO.
WHEREAS, on May 13, 1960, Resolution No. 5593 was adopted by the City of San
Bernardino, authorizing the execution ofa Lease with the Young Men's Christian Association
of San Bernardino, California, a corporation, for a portion of city property iocated within Penis
Hill Park, located east of V alencia Avenue, north of 21 51 Street and more fully described in said
lease; and
WHEREAS, said Lease was for a term of fifty (50) years from and including the first
day of January, 1960, to and including the 3151 day of December, 2010; and
WHEREAS, on December 21, 2000, an agreement of merger was entered between the
Redlands Family YMCA, a California nonprofit public benefit corporation and the Young
Men's Christian Association of the San Bernardino Valley, a California nonprofit public benefit
corporation, establishing the new name of the surviving corporation of YMCA of the
East Valley; and
WHEREAS, the YMCA of the East Valley has requested to tenninate said existing
lease under the Young Men's Christian Association of San Bernardino and enter into a new
Lease with the City of San Bernardino, recognizing the new surviving corporation name of
YMCA of the East Valley and establishing a new Lease ternl, to be located at the same location
as the existing lease.
1/
05118/05
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RESOU;TION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SA:\
BER.1\;ARDINO AUTHORIZING THE EXECUTION OF A LEASE WITH Y:\lCA OF
THE EAST VALLEY
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMO:\"
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the Lease \vith the Young Men's Christian Association of San
Bernardino entered into agreement on May 16, 1960, for a portion of City property located at
808 East 21 st Street, San Bernardino, CA, is hereby terminated.
SECTION 2. That the Mayor of the City of San Bernardino is hereby authorized and
directed to execute on behalf of said City a Lease with the YMCA of the East Valley, a
corporation, whereby the City of San Bernardino leases a certain parcel of real property, more
particularly described in said Lease, to said corporation for a term of 5 years for certain
purposes and upon certain tern1S and conditions set forth in said Lease, a copy of which is
attached hereto, marked Exhibit "A", and made a part hereof.
SECTION 3. That said Lease shall be null and void if either party shall fail to execute
said Lease \vithin sixty (60) days from the date of the approval of this resolution.
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RESOLUTION OF THE MAYOR AND COMMO,", COUNCIL OF THE CITY OF SA:"
BERNARDINO AUTHORIZING THE EXECUTION OF A LEASE WITH Yl\ICA OF
THE EAST VALLEY
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
meeting thereof
,20_, by the following vote, to \\il:
day of
held on the
ABSTAIN ABSENT
NAYS
Council Members: A YES
ESTRADA
LONGVILLE
MCGINNIS
DERRY
KELLEY
JOHNSON
MCCAMMACK
City Clerk
day of
,20___
The foregoing resolution is hereby approved this
JUDITH VALLES, Mayor
City of San Bernardino
Approved as to fornl
and legal content:
JAMES F. PENMAN
City Attorney
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LEASE
This Lease Agreement entered into this
day of
by and
between the CITY OF SAN BERNARDINO, a municipal corporation, hereinafter referred to as
'"Lessor". and the YMCA OF THE EAST V ALLEY, a California nonprofit public benefit
corporation, hereinafter referred to as "Lessee".
WITNESSETH
WHEREAS, Lessor has certain property located at 808 E. 2151 Street, City of San
Bernardino, County of San Bernardino, State of California located in Perris Hill Park, and
described as follows:
All that portion of Lots 5 and 6, Block 40 of the Rancho San Bernardino,
as per plat recorded in Book 7 of Maps, Page 2, records of the County
Recorder of San Bernardino County, more particularly described as
follows:
Commencing at the intersection of the center line of 21 51 Street and the
centerline of San Gabriel Street; thence Easterly along the center line of
2151 Street a distance of 9 feet; thence Northerly and parallel to the
Northerly prolongation of the center line of San Gabriel Street a distance
of 44 feet to the true point of beginning; thence continuing Northerly
along a line 9 feet East of and parallel to the Northerly prolongation of
said line a distance of 450 feet; thence Easterly and parallel to the center
line of 2151 Street a distance of 126 feet; thence in a Southeasterly
direction a distance of 470 feet, more or less, to a point on a line 44 feet
North of and parallel to the easterly prolongation, of the center line of
the 2151 Street, said point being 272 feet East of San Gabrid Street;
thence Westerly and parallel to the Easterly prolongation of the center
feet to the true point of beginning.
And generally depicted on the plat attached as Exhibit" I ".
NOW, THEREFORE, the parties hereto agree as follows:
1. Premises:
Lessor does hereby lease to Lessee and Lessee does hereby lease from Lessor, a portion
of the facility located at 808 East 2151 Street, San Bernardino. CA.
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., Use:
The site may be used by Lessee solely and exclusively for recreational, cultural and
educational purposes for the benefit of the members of Lessee and the residents of the City of
San Bernardino, without discrimination as to race, color, creed or religion and for no other
purposes whatsoever,
3. Term:
The tenn of this Lease shall be five (5) years, commencing on the date both Lessor and
Lessee have executed said Lease ("commencement date"). Lessor and Lessee shall have the
right to extend the tenn of this Lease for one (J) additional tenn of five (5) years, by mutual
consent. Each renewal tenn shall be on the tenns and conditions set forth herein. In the event
the Lessee decides not to extend this Lease, then Lessee shall notify the Lessor in writing of
Lessee's intention not to extend this Lease at least ninety (90) days prior to the expiration of the
first fifteen (15) year tenn or any renewal tenn.
4. Payment:
In consideration for this lease, Lessee shall pay Lessor the sum of one dollar (SI.00) per
year for each and every year of the term of this Lease, payable on the 15th day of January.
commencing January 15. 2006. and thereafter on or before the 15th day of January of each and
every year of the term of this Lease,
Payments shall be directed to:
City of San Bernardino
Real Property Section
300 North "D" Street
San Bernardino, CA 92418
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5. Use Restrictions:
Lessee shall use the facility as a YWCA and related uses and for no other purpose.
Lessee shall be open to the public a minimum of 220 days per year.
6. Maintenance and Inspections:
Lessee shall, at Lessee's own cost and expense, keep and maintain all improvements
hereinafter constructed on the Premises in good condition and repair, and shall use all reasonable
precaution to prevent waste, damage or injury to the Premises. The City shall, at any reasonable
time, have the right to go upon the Premises upon seventy-two (72) hour prior notice to Lessee,
and inspect and examine the same relative to such maintenance and upkeep. Such inspections
shall be conducted in the accompaniment of a YWCA employee or authorized representative.
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 determined 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.
7. Utilities:
Lessee shall have the right to install utilities, at the Lessee's expense, and to improve
the present utilities on or near the Premises, subject to the City's approval. 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 used by Lessee during the term of this
Agreement.
8. Liability Insurance:
Lessee agrees to procure and maintain in force during the term of this Agreement and any
o extension, at its own expense, the following insurance in companies approved by the City,
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adequate to protect against liability for damage claims arising in or around the leased premises;
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(1) Commercial General Liability with limits of five million dollars ($5,000,000.00) per
occurrence, (2) Automobile Liability with a combined single limit of one million dollars
($1,000,000.00) per accident, and (3) Worker's Compensation Insurance as required by law and
Employers' Liability with limits of one million dollars ($1,000,000.00) per occurrence. Lessee
shall provide to the City, a certificate of insurance and an additional insured endorsement \vhich
provides:
(a) On the Commercial General Liability policy that the City of San Bernardino is named as an
additional insured for the acts or omissions of Lessee. (b) The certificates will include the
insurance company name, policy number, period of coverage, and the amount of insurance. (c)
That the Real Property Section 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.
o Copies of said policies shall be mailed or delivered to the Development Services
Department/Real Property Section upon commencement date.
9. Indemnification:
Except to the extent of the negligence or willful misconduct of The City or its agents,
boards, officers, employees, representatives or contractors, Lessee shall defend, indemnify, and
hold harmless the City, its agents, boards, officers, employees, representatives, or contractors
against any and all claims, suits, damages for personal injury, including death, property damage,
demands, loss or liability of any kind or nature arising from the City's approval of this
Agreement or from Lessee's operations under this Agreement.
10. Taxes/Possessory Interest:
(a) Lessee recognizes and understands that this Agreement may create a possessory
o interest subject to property taxation, and that the Lessee may be subject to the payment of
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property taxes levied on such interest Lessee agrees to, and shall hold hannless, the City from
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any and all liability for any such taxes due by virtue of the leased facilities.
(b) The City warrants that it has full right, power and authority to execute this
Agreement. The City further warrants that Lessee shall have quiet enjoyment of the Premises
during the term of this Agreement or any renewal thereof.
11. Compliance With Laws:
Lessee shall not violate any applicable law of the City, State or Federal governments in
conducting its operations under this Agreement
12. No Sublease or Assignment:
Lessee shall not sublet the premises, or any part thereof, or assign this Agreement,
without The City's prior written consent, which consent shaH not be unreasonably withheld.
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Notwithstanding the foregoing, Lessee may assign or sublet this Agreement to any subsidiaries,
corporate affiliate or successor legal entities of Lessee, or any purchaser of all, or substantially
all, of Lessee's stock or assets; provided, however, within thirty (30) days of such assignment or
sublet, Lessee shaH provide written notification to the City stating the name, address, contact
person and any other pertinent information regarding said corporate affiliate or purchaser. Said
written notification shaH be sent to the City at the address specified in Section 19 - Notices.
13. Relocation:
The City shall, in good faith, use its best efforts to fully accommodate and aHow the
continuing use of the facility or suitable facility. In the event the City determines that the facility
is needed for (a) the construction, completion, repair, relocation or maintenance of a City project;
or (b) protection and preservation of public health and safety, the City shaH provide Lessee with
written notice to relocate that Site. Within six (6) months of receipt of a notice from City, or
o within such shorter period of time determined by the City if reasonably necessary, the City may
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require Lessee, at its sole cost and expense, to relocate and/or remove the Facilities and repair
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and restore the public right-of-way and utilities. If the facility is damaged or destroyed, the City
shall use its best efforts to locate a suitable substitute site for Lessee to relocate its Facilities or to
place temporary facilities. The suitability of any substitute site shall be subject to Lessee's prior
written consent, which consent shall not be unreasonably withheld.
14. Default:
Either party shall have the right to terminate this Agreement, and upon the effective date
of such temlination, the City shall have the right of immediate occupancy of the Premises in the
event the other party violates any of this Agreement's terms or'conditions, and such violation is
not corrected within thirty (30) days after written notice is sent by the non-breaching party. Such
termination shall not relieve either party from liability for damages for breach of this Agreement
or for injury to the Premises.
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15.
Environmental:
The City represents that the Premises have not been used for the generation, storage,
treatment or disposal of hazardous substances, hazardous materials or hazardous wastes. In
addition, The City represents that no hazardous materials, hazardous substances, hazardous
wastes, pollutants. asbestos, polychlorinated biphenyls (PCBs), petroleum or other fuels
(including crude oil or any fraction or derivative thereof) or underground storage tanks are
located on or near the Premises. Notwithstanding any other provision of this Agreement, Lessee
relies upon the representations stated herein as material inducement for entering into this
Agreement. Lessee shall not bring any hazardous materials onto the Premises except for those
contained in its back-up power batteries (lead-acid batteries) and common materials used in
telecommunications operations, e.g., cleaning solvents. Lessee shall treat all hazardous materials
o brought onto Premises by it in accordance with all federal, state and local laws and regulations.
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16. Amendment:
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This Agreement may be amended or modified only by written agreement signed by both
parties. 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 or provisions. If
any provision of this Agreement is invalid or unenforceable with respect to any party, the
remainder of this Agreement or the application of such provision to persons other than those as
to whom it is held invalid or unenforceable, shall not be affected and each provision of this
Agreement shall be valid and enforceable to the fullest extent permitted by law.
17. Termination:
This Agreement may be terminated by mutual consent of the Lessor and Lessee within a
thirty (30) day written notification by either part)'.
] 8. Miscellaneous:
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(a)
This Agreement shail be binding on and inure to the benefit of the successors and
permitted assignees of the respective parties.
(b) This Agreement shall be governed under the laws of the State of California.
(c) The prevailing party in any legal action to enforce any provision of this
Agreement shall be entitled to recover from the losing party all attorneys' fees and court costs,
including appeals if any, in connection with that action. The costs, salary, and expenses of the
City Attorney and members of his office in connection with that action, shall be considered as
attorney's fees for the purpose of this Agreement.
(d) This Agreement constitutes the entire Agreement and understanding between the
parties and supersedes all offers, negotiations and other agreements concerning the subject
matter contained herein. There are no representations or understandings of any kind not set forth
o herein. Any amendments to this Agreement must be in writing and executed by both parties.
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19. Notices:
All notices given in connection with this Agreement shall be in writing and
delivered in person or sent by overnight carrier or certified mail, postage prepaid, addressed as
follows:
THE CITY
City of San Bernardino
Development Services/Real Property
300 North "D" Street
San Bernardino, CA 92418
20. COHnants:
YMCA OF THE EAST V ALLEY
YMCA of the East Valley
16 E. Olive Avenue
Redlands, CA 92373
There are no covenants or warranties other than those expressed in this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year
set forth at the beginning of this Agreement.
ATTEST:
Rachel Clark, City Clerk
Approved as to form
And legal content
JAMES F. PENMAN,
City Attorney
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CITY OF SAN BERNARDINO,
Judith Valles, Mayor
YMCA OF THE EAST V ALLEY,
a California corporation
By:
By:
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
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RESOLUTION AGENDA ITEM TRACKING FORM
Moeting Date (Dare Adopre~' ~, )1i ,O~ It,m' ~ Roaolution'
Vote: Ayes "4 Nays Abstain
Change to motion to amend original documents 0 Companion Resolutions
t'l~~()~
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Absent
NullNoid After: ttD days /
Resolution # On Attachments: 0
PUBLISH 0
POST 0
Note on Resolution of attachment stored separately: 0
RECORD W/COUNTY 0 By:
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Date Sent to Mayor: b' ')'J..-, (P r
Date of Mayor's Signature: C,.. y? ,l? ~ ./
Date of Clerk/CDC Signature: (p " /' , I I:} ~
Date MemolLetter Sent for Signature: b'?'7,(9 .~ Date Returne&"""l...t.b ('
151 Reminder Letter Sent: 2nd Reminder Letter Sent:
Reso. Log Updated:
Seal Impressed:
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Not Returned: 0
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Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders,(64~?, 6429, 6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (55?,1):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Yes ,/
Yes
Yes
Yes
Yes
NoLBy_
NO~y
NO~y_
No~_
No By_
Copies Distributed to:
.,:j Animal Control 0 EDA 0 Information Services 0
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~ City Administrator V Facilities D D
ff Parks & Recreation
City Attorney Finance 0 Police Department 0
Code Compliance ~ Fire Department 0 Public Services 0
Development Services Human Resources 0 Water Department 0
Others:
Ready to File: _
Revised 12/18/03
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JUN 2 8 2005
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CITY OF SAN BERN A,RDINO CITY OF SAN BERNARDINO
Interoffice Memorandum DevELg:;'~~~~~~~VICES
CITY CLERK'S OFFICE .e!lvetl~ CLERK
Records and Information Management (RIM) Program
11 JI 31 Pl2 :05
DATE:
June 27, 2005
TO:
Jeanne Fitzpatrick, Real Property Specialist
FROM: Eileen Gomez, Senior Secretary , II: ~
f'I!'I
RE: Transmitting Documents for Signature - Resolution 2005-222 ' f: !
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At the Mayor and Common Council meeting of June 20, 2005, the City of SlIt Beifiardino
adopted Resolution No. 2005-222 - Resolution authorizing the execution of a le4!;witf;;yMCA
of the East Valley, a Corporation, concerning a parcel of Real Property locateti-tin th(l;ity of
San Bernardino.
Attached is a copy of the resolution, one (1) original lease and two (2) duplicate original leases,
executed by the Mayor, City Clerk and City Attorney. Please obtain signatures in the
appropriate locations and return the ORIGINAL leaset to the City Clerk's Office as soon as
possible, to my attention. Please distribute the remaining agreements accordingly.
If you have any questions or need further assistance, please do not hesitate to contact me at ext.
3206.
Thanks and have a great day!
Eileen Gomez
Senior Secretary
e above mentioned documents.
Signed:
Date:
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Please sian abd return
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CITY OF SAN BERNARDINO
Development Services !?epartInent
Interoffice Memofandum'~;;,~1l:-
TO:
Rachel Clark, City Clerk
29 roo :14
FROM: Jeanne'marie Fitzpatrick, Real Property Special~,s~
DATE: July 29,2005
SUBJECT: Lease Agreement - YMCA of the East Valley
COPIES: Henry Empeno, City Attorney's Office; Eileen Gomez, City Clerk's Office
On June 20, 2005, The Mayor and Common Council adopted Resolution No. 2005-222
authorizing the execution of a lease agreement with the YMCA of the East Valley. This
resolution and lease exhibit are on file in the City Clerk's Office.
Our office sent the original agreement plus two copies to the YMCA of the East Valley to obtain
signatures. Upon receiving back, the YMCA submitted the signed agreement along with a letter
stating that they had located some inconsistencies with the document. These inconsistencies
were brought to the attention of the City Attorney's Office, who has since reviewed. Based on
their opinion the inconsistencies were determined to be non-substantive, equivalent to clerical
errors. Thus, we were able to make the corrections without having to re-submit to Council.
Attached is the signed lease agreement, including two new pages (pages 2 and 3) with the
necessary corrections. Please replace this entire agreement with the existing agreement attached
to Resolution No. 2005-222 which is on file in your office.
If you have any questions, please contact me at ext. 5328.