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HomeMy WebLinkAbout13-Development Services ORIGINAL CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Valerie C. Ross, Director Subject: Resolution Authorizing a Lease Renewal—Diocese of San Bernardino Dept: Development Services Education and Welfare Corporation for the Benefit of Guadalupe Child Development Date: May 23, 2007 Center— 1633 West Fifth Street File No: 15.06-064 MCC Date: June 18, 2007 Synopsis of Previous Council Action: 3/22/77: Execution of ten-year lease with Diocese of San Diego for$1.00 per year, from 5/16/77 to 5/15/87. 8/01/82: Execution of five year lease with Guadalupe Child Development Center (who took over the lease from the Diocese of San Diego) for $75.00 per month, from 8/1/82 through 7/31/87. 8/1/87: Execution of five-year lease with Guadalupe Child Development Center for $75.00 per month from 8/1/87 through 7/31/92. 5/24/95: Resolution No. 95-63 authorizing execution of the First Amendment to Lease for Guadalupe Child Development for $100.00 per month, from 8/1/92 to 7/31/97. 11/17/97: Resolution No. 97-342 authorizing the execution of a new lease agreement. Recommended Motion: Adopt Resolution. Valerie C. Ross Contact person: Ryan Sandoval Phone: 5226 Supporting data attached: Staff Report, Letter, Reso, Agreement Ward: 1 FUNDING REQUIREMENTS: Amount: None Source: Account Description: Finance: Council Notes: 160 a007- 4?7 Agenda Item No. �3 CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Resolution Authorizing a Lease Renewal — Diocese of San Bernardino Education and Welfare Corporation for the Benefit of Guadalupe Child Development Center— 1633 West Fifth Street. BACKGROUND: The Diocese of San Bernardino Education and Welfare Corporation has been leasing three temporary classrooms at Nunez Park for the benefit of Guadalupe Child Development Center. This is a non-profit organization that operates as a day care center primarily for low-income families. Since 1977 three leases and one amendment have been executed. The current lease term expires June 30, 2007. On May 8, 2007, Guadalupe Child Development Center submitted a letter requesting to renew the lease (see attached). The original lease rate in 1977 was $1.00 per year. In 1982 the lease rate was increased to $75.00 per month and in 1997 increased to $100.00 per month. Since that time, there have been two rent increases of 25% bringing the current lease rate to $156.25. Normally, the City would recommend an additional rent increase at the time of renewal. However, in their letter to the City, Guadalupe Child Development Center requested to renew their lease at the current rate of $156.25 based upon the fact that they are a non-profit day care center operating on a minimal budget. The attached resolution authorizes an amendment to extend the current lease for an additional five year term commencing July 1, 2007 and terminating June 30, 2012, also including the option to renew the lease for an additional five year term upon mutual agreement by both parties. FINANCIAL IMPACT: Annual revenue of $1,875.00 from lease payments. The Center maintains the upkeep of the facility and pays all the utilities and other costs associated with the operation of the day care center. RECOMMENDATION: Adopt Resolution May 09 07 09:46a p.2 Guadalupe Child Development Program 1633 West 5th Street P.O. Box 7130 San Bernardino, CA 92411 (909) 885-0510 Pauline Becerra, Director May 8, 2007 Les rogassy Real Property Development Services Department 300 N. "D" Street San Bernardino, CA 92418 The Guadalupe Child Development Program who is sponsored by the Diocese of San Bernardino, Education and Welfare Corporation is requesting a renewal of lease for the portable structures from the City of San Bernardino. Since we are a non-profit day care that provides services to the community; we are requesting that our base amount be renewed at the current rate of $156.25 per month Please contact me at(909)885-051.0, if you have any questions regarding this matter. Thank you Pauline Becerra Director PB/j gm C (OPY 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 3 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE 4 LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND DIOCESE OF SAN BERNARDINO EDUCATION AND WELFARE CORPORATION FOR THE 5 BENEFIT OF GUADALUPE CHILD DEVELOPMENT CENTER AT 1633 WEST FIFTH STREET, IN SAN BERNARDINO. 6 7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 8 9 SECTION 1. The City Manager of the City of San Bernardino is hereby authorized and 10 directed to execute on behalf of the City, an Amendment to the Lease Agreement with Diocese of 11 San Bernardino Education and Welfare Corporation for the benefit of Guadalupe Child 12 13 Development Center. relating to certain real property at 1633 West Fifth Street, San Bernardino, 14 CA. A copy of the Amendment to the Lease Agreement is attached as Exhibit-I"and incorporated 15 herein by reference. 16 SECTION 2. Authorization to execute the Amendment to the Lease Agreement is 17 rescinded if the parties fail to execute it within 60 days of the passage of this Resolution 18 19 20 21 22 23 24 25 26 27 28O [ 3 05/31/07 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE LEASE AGREEMENT BETWEEN j THE CITY OF SAN BERNARDINO AND DIOCESE OF SAN BERNARDINO EDUCATION AND WELFARE CORPORATION FOR THE BENEFIT OF GUADALUPE CHILD DEVELOPMENT CENTER 2 AT 1633 WEST FIFTH STREET,IN SAN BERNARDINO. 3 4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a meeting thereof 6 held on the day of , 20 , by the following vote, to wit: 7 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 ESTRADA 10 BAXTER 11 BRINKER 12 DERRY 13 Co 14 KELLEY 15 JOHNSON 16 MCCAMMACK 17 18 City Clerk 19 20 The foregoing resolution is hereby approved this day of , 20 21 22 PATRICK J. MORRIS, Mayor 23 City of San Bernardino 24 Approved as to Form: 25 26 By: 27 ES F. PENMAN, City Attorney 00 �.v 05/23/07 2 AMENDMENT TO LEASE AGREEMENT This Amendment to Lease Agreement is made as of this day of 2007, by and between the CITY OF SAN BERNARDINO, a municipal corporation, hereinafter referred to as "Lessor", and DIOCESE OF SAN BERNARDINO EDUCATION AND WELFARE CORPORATION for the benefit of GUADALUPE CHILD DEVELOPMENT CENTER, hereinafter referred to as "Lessee". WHEREAS, the parties have previously executed a Lease Agreement dated November 21, 1997, a copy of which is attached and incorporated herein as Exhibit "A", for that certain property and structures located at 1633 West Fifth Street, in the City of San Bernardino; NOW THEREFORE, the parties hereby mutually agree to an amendment to said Lease Agreement as follows: 1. Section 3. Term is amended to add the following: "The term of this Lease shall be for a period of five (5) years commencing July 1, 2007 and terminating on June 30, 2012, unless terminated at an earlier date as provided in Paragraph 8. Upon mutual consent by both the Lessor and Lessee, the Lessee shall have the right to extend the term of this Lease for one (1) additional term of five (5) years ("Renewal Term-) . The Renewal Term shall be on the terms and conditions set forth herein. 2. Section 4. Lease Payments is amended to add the following: Lessee agrees to pay and Lessor agrees to accept as lease payments for said premises, for the term hereof, a monthly rental of ONE HUNDRED AND FIFTY SIX DOLLARS AND TWENTY-FIVE CENTS for the next five years. The EXHIBIT 991" 1 payments shall be paid on or before the first Monday of each and every month of the term herein. Payments shall be directed to: City of San Bernardino Real Property Section 300 North "D" Street, 3`6 Floor San Bernardino, CA 92418 3. All other terms and conditions of the Lease Agreement shall remain in effect. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year as first written above. LESSOR: CITY OF SAN BERNARDINO DATED: FRED WILSON, City Manager DATED: RACHEL CLARK, City Clerk - Approved as to Form: f J ES F. PENMAN, City Attorney LESSEE: DIOCESE OF SAN BERNARDINO EDUCATION AND WELFARE CORPORATION for the benefit of GUADALUPE CHILD DEVELOPMENT CENTER DATED: BY: DATED: BY: 2 1 LEASE 2 3 (GUADALUPE CHILD DEVELOPMENT CENTER) 4 THIS AGREEMENT(Lease), made and entered into this ,1 / day of 5 A - -_-w,h, 4 , 1997, by and between the CITY OF SAN BERNARDINO, 6 a municipal corporation, hereinafter referred to as "Lessor", and DIOCESE OF SAN 7 BERNARDINO EDUCATION AND WELFARE CORPORATION for the benefit of 8 9 GUADALUPE CHILD DEVELOPMENT CENTER, a Califomia non—profit corporation, 10 hereinafter referred to as "Lessee". 11 RECITALS 12 13 This Lease is made and entered into with respect to the following facts: 14 (a) Lessor is the owner of the property herein described. 15 (b) Lessor is willing to lease the property to lessee upon the terms and conditions 16 hereinafter set forth. 17 (c) Lessee desires the use of said structure, 18 NOW THEREFORE, the parties hereto agree as follows: 19 ' 1. Property Leased 20 21 Lessor hereby leases to Lessee, and the Lessee hereby leases from 22 Lessor, a structure consisting of three portable classrooms located in the City of San 23 Bernardino, County of San Bernardino, State of California, described as follows: 24 that portion of lot 23, block 24, Ranch San Bernardino, as per plat thereof recorded in book 7 of Maps, page e 2, 26 Records of the County Recorder of San Bernardino County, State of California, described as follows: 27 28 i EXHIBIT "A" 1 2 Commencing at the northeast corner of said lot 23; 3 thence south along the east line thereof, a distance of 319 feet, more or less, to the north line of the south 4 320.62 feet of said lot; thence west along said north line, a distance of 129.00 feet to the True point of Beginning; 5 thence continuing west along said north line of the south 320.62 feet of said lot, a distance of 83.50 feet; thence 6 north and parallel with the east line of said lot, a distance 7 of 170.30 feet; thence west and parallel with the north line r of said lot, a distance of 56.00 feet; thence north and parallel 8 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 9 139.50 feet; thence south a distance of 180.30 feet to the True 10 Point of Beginning. 11 Said property is shown on the attached Exhibit "A". I 12 2. Use. 13 The leased premises shall be used for a child day care center/child development 14 center. Lessee agrees to use the premises for such permit® i� purposes, and not to use or the use 15 of the property for any other purpose unless the Lessor has previously approved such use in 16 writing. Lessee further understands and agrees that there shall be no restriction of admission 17 18 of children to the center on the basis of race, color, creed, religion, disability, ancestry, sex, or 19 national origin, and Lessee further understands and agrees that there shall be no religious 20 teaching, indoctrination, or reference to religion in any way, manner, or form whatsoever 21 inasmuch as Lessor is a public entity and subject to constitutional prohibitions concerning 22 religious activities. Lessee agrees to conduct its child day care/child development center in 23 24 such a manner as to not violate any such constitutional restrictions. Lessee shall not commit, 25 or allow to be committed, any waste or nuisance in the leased premises, nor shall it use or 26 allow the premises to be used for an unlawful purpose. Lessee shall at all times possess all 27 necessary licenses and approvals for the operation of a day care center and shall immediately 28 2 I notify Lessor, through its City Clerk, at any time that such licenses or approvals have been 2 revoked or modified. 3 3. Term. 4 The term of this Lease shall be for a period of five (5) years commencing 5 6 July 31, 1997 and terminating on June 30, 2002, unless terminated at an earlier date as 7 provided in Paragraph 8. 8 4. Lease Payments. 9 Lessee agrees to pay and Lessor agrees to accept as rental for said premises, for 10 the term hereof, a monthly rental of ONE HUNDRED DOLLARS ($100.00) for the first two 11 yew The monthly rent will increase to ONE HUNDRED TWENTY FIVE DOLLARS 12 13 ($125.00) commencing July 3, 1999. The said payments shall be paid on or before the first 14 Monday of each and every month of the term herein. Payments shall be directed to: 15 City of San Bernardino Finance Department 16 300 North "D" Street 17 San Bernardino, CA 92418 18 5. Utilities 19 Lessee shall pay for all electricity, gas, water, telephone service, and all other 20 21 services and utilities, including service installation fees and charges for such utilities during 22 the term of this Lease. If Lessee desires additional utilities and/or utility services to the 23 premises, Lessee must first obtain written consent from Lessor. All additional utility 24 connections for the facility shall be placed underground. 25 26 27 28 3 i 1 6. Taxes/Possessory Interest. 2 Lessee Covenants during the term of this Lease to pay, when due, all taxes and 3 assessments that may be assessed or imposed upon the Lessee's possessory interest in and to 4 the premises and upon personal property located on the premises. During Lessee's possession 5 and use of the leased premises, should any taxes thereon be assessed against Lessor, Lessee 6 7 agrees to indemnify Lessor thereon. Lessee agrees to, and shall hold harmless, Lessor from g any and all liability for any such taxes due by virtue of tenant's leasehold improvements, 9 equipment, furniture, fixtures, or other personal property. 10 7. Insurance. 11 Lessee agrees to procure and maintain in force during the term of this Lease 12 and any extension, at its own expense, a policy or policies of insurance against loss or 13 14 damage to the leased premises, appurtenances and permanent equipment, resulting from fire, 15 in a minimum amount of$100,000; and from lightning, vandalism, malicious mischief, and 16 such other perils ordinarily defined as "extended coverage" and other perils in a minimum 17 amount of$100,000. The fire and extended coverage insurance policy shall name Lessor as 18 an additional insured, and shall contain a provision that loss shall be payable to Lessee and 19 Lessor as their interests may appear. Lessee agrees to procure and maintain in force during 20 21 the term of this lease and any extension thereof, at its expense, public liability insurance in 22 companies and through brokers approved by Lessor, adequate to protect against liability for 23 damage claims arising in or around the Leased premises in a minimum amount of at least 24 three million dollars ($3,000,000) for each person injured, six million dollars ($6,000,000) 25 in the aggregate, one hundred thousand ($100,000) for property damage. Lessee shall provide 26 to Lessor a certificate of insurance and an additional insured endorsement which provides: 27 28 4 1 2 (a) The City of San Bernardino named as an additional insured. 3 (b) The insurance company name, policy number, period of coverage, 4 and the amount of insurance. 5 (c) That the Real Property Section of the Public Works Department of the 6 City of San Bernardino must be given notice in writing at least thirty 7 (30) days prior to cancellation, material change, or refusal to renew 8 the policy. 9 10 (d) That Lessee's insurance will be primary to any coverage the 11 City of San Bernardino may have in effect. 12 Lessee agrees that, if such insurance polices are not kept in force during the term of the lease 13 and any extension thereof, Lessor may have the option to immediately declare this Lease 14 in default, and to terminate said Lease. 15 8. Termination 16 17 This Lease shall be terminable at the option of either party upon the service of 18 ninety- (90) days advance written notice of such termination to other party. Upon termination 19 of this Lease, Lessee shall surrender the property occupied by this Lease in as good condition 20 as same was at the time of Lessee's entry thereof subject to the conditions herein set forth. 21 22 9. Maintenance and Operation 23 The Lessee is familiar with the leased premises and has knowledge of the 24 present conditions that exist thereon. Lessee shall, at its own expense, maintain the leased 25 premises and all improvements thereon in good order, condition, and repair. Lessee shall 26 27 28 s 1 provide or cause to be provided all security services, custodial service, and janitorial service, 2 which are required for the proper care and use of the premises. 3 a Licenses. Lessee shall ( ) post in a prominent place and manner in the 4 5 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. 6 7 (b) Vendors. Lessee shall not permit vendors to display wares, materials, or 8 advertisements inside or outside the demised premises unless prior written permission is 9 secured from Lessor and such written permission is posted in a prominent place and manner 10 in the premises. 11 10 Improvements 12 13 Lessee shall not make, or suffer to be made, any alterations to the demised 14 premises, or any part thereof, without the prior written consent of Lessor. Any and all 15 alterations and/or improvements made to the demised premises pursuant to this section shall, 16 upon termination of this Lease, remain as a part of the premises and at no cost or obligation to 17 the Lessor. 18 11. Make Alterations, Additions, or Changes Required by Law 19 20 If, during the term of this Lease, any law, regulation, or rule requires that an 21 alteration, addition, or other change be made to the demised premises, the parties agree as 22 follows: 23 (a) If the alterations, additions, or changes are required as a result of Lessee's 24 use of the premises, Lessee will make them and bear all expense. 2 (b) If the alterations, additions, or changes are required as a result of the 26 condition or nature of the premises at the time of execution of this Lease, 27 28 6 1 and are not caused by use of the premises by Lessee, Lessor will make 2 them and bear all expenses. 3 12. Default 4 5 In the event Lessee is in default in the payment of rentals or other charges hereunder 6 or is otherwise in breach of its covenants or obligations hereunder, and such default exists for 7 a period of thirty days after notice from Lessor to Lessee of such default, Lessor shall have 8 the right and privilege of terminating this Lease and declaring the same at an end, and of 9 entering upon and taking possession of said premises, and shall have the remedies now or 10 hereafter provided by law for recovery of rent, repossession of the premises and damages 11 occasioned by such default. If such default should occur then Lessor shall have the right to 12 13 take possession of and appropriate to itself without payment therefor, any property of Lessee 14 or anyone claiming under it, then remaining on said premises. 15 13. Inspections 16 Lessor, its agents, officers, or employees may enter upon the demised premises at such 17 reasonable times during Lessor's normal business hours as it deems necessary for the purpose 18 of inspection of the premises to determine whether the terms and conditions of this Lease are 19 being performed and kept by Lessee. 20 14. Effect of Lessor's waiver. 21 22 Lessor's waiver of breach of any term, covenant, or condition of this Lease is not a 23 waiver of breach of any other, nor of any subsequent breach of the one waived. 24 25 26 27 28 1 15 Non- Discrimination. 2 Lessee hereby covenants by and for itself, its successors, executors, administrators, 3 and assigns, all persons under or through it, and this Lease is made and accepted upon and 4 subject to the following conditions: 5 r 6 That there shall be no discrimination against or segregation of any person or group of 7 persons, on account of race, color, creed, religion, disability, sex, national origin, or ancestry, g in the leasing, sub-leasing, transferring, use occupancy, tenure, or enjoyment of the premises 9 herein leased nor shall the Lessee itself, or any person claiming under or through it, establish 10 or permit any such practice or practices of discrimination or segregation with reference to I11 the selection, location, number, use, or occupancy, of tenants, lessees, subleasess, subtenants 12 or vendees in the premises herein leased. 13 14 16. Assignments. 15 Lessee shall not assign this lease or sublet the said premises or any part thereof 16 without obtaining the prior written consent of the Lessor. 17 17. Validity. 18 If an one or more of the terms,, provisions, promises, covenants, or conditions, of this 19 Lease shall, to any extent, be adjudged invalid, unenforceable, void, or voidable for any 20 21 reason whatsoever by a court of competent jurisdiction, each and all the remaining terms, 22 provisions, promises, covenants, and conditions of this Lease shall not be affected thereby and 23 shall be enforceable to the fullest extent permitted by law. 24 18_. Lease Applicable to Successors, Etc 25 This Lease and the terms, covenants, and conditions hereof apply to and are binding 26 on the successors, executors, administrators, and assigns of the parties hereto. 27 28 8 1 19. Lease Breached by Lessee's Receivership, Assignment for the Benefit of Creditors, 2 Insolvency, or Bankruptcy. 3 Appointment of a receiver to take possession of Lessee's assets, Lessee's general 4 5 assignment for benefit of creditors, or Lessee's insolvency or taking or suffering action under 6 the Bankruptcy Act is a breach of this Lease and shall terminate same. 7 20. Eminent Domain. g If the whole of the leased premises, or so much thereof as to render the remainder 9 unusable for the purpose for which the same was leased, shall be taken under the power of 10 eminent domain, then this Lease shall terminate as of the date possession shall be so taken. If 11 less than the whole of the leased premises shall be taken under the power of eminent domain, 12 13 and the remainder is usable for the leased purpose, then this Lease shall continue in full force 14 and effect and shall not be terminated by virtue of such taking and the parties may waive the 15 benefit of any law to the contrary, in which event there shall be partial abatement of the rent 16 hereunder in an amount equivalent to the prorated use of the remaining premises. Any award 17 made in eminent domain proceedings for the taking of damaging of the leased premises in 18 whole or in part shall be paid to the Lessor(together with any other money which shall be or 19 may be made available for such purpose). 20 21 21. Indemnification and Hold Harmless. 22 Lessee shall indemnify and hold harmless Lessor, its elective and appointive 23 boards, commissions, officers, agents, and employees from any liability for damage or claims 24 for damage for personal injury, including death, as well as from claims for property damage 25 which may arise from Lessee's operations under this Lease, whether such operations be by 26 Lessee or by any one or more persons directly or indirectly employed by or acting as agent for 27 28 9 I i i 1 Lessee. Lessee agrees to and shall defend Lessor and its elective and appointive boards, 2 commissions, officers, agents, and employees from any suits or actions at law or in equity 3 for damages caused, or alleged to have been caused, by reason of any of Lessee's operations 4 under this Lease. 5 22. Amendment. 6 7 This Lease may be amended or modified only by written agreement signed by both 8 parties hereto. Failure on the part of either party to enforce any provision of this Lease shall 9 not be construed as a waiver of the right to compel enforcement of such provision or 10 provisions, nor act to release any party from its obligations under this Lease. 11 23 Notices. 12 13 All notices given in connection with this Lease shall be in writing and delivered 14 in person or sent by certified mail, postage prepaid, addressed as follows: t. 15 LESSOR LESSEE 16 City of San Bernardino Diocese of San Bernardino Public Works Department Education &Welfare Corp 17 Real Property Section 1201 East Highland Avenue. 18 300 North "D" Street San Bernardino, Ca 92404 San Bernardino, CA 92418 19 24 Time of Essence. 20 Time is of the essence herein. 21 22 25. Compliance with Laws. 23 Lessee shall not violate, nor allow the violation of, any law of the 24 City, State or Federal governments or rules of the City, in conducting its operations under 25 this Lease. 26 27 28 io 1 2 26. Option to Renew 3 If Lessee has fully performed all of the terms, conditions, and covenants 4 5 of this Lease for the lease term hereof, then Lessee shall have the option to renew this Lease 6 for an additional five (5) year period after the expiration of the term of this Lease. Said 7 renewal shall be at a total rent to be negotiated by the Lessor and Lessee, but at a rate no less 8 than the rent payment at the end of the term plus twenty-five percent(25%). To exercise the 9 option to renew, Lessee must give Lessor written notice of Lessee's intention to do so at 10 least one hundred-twenty (120)days prior to the expiration of this Lease. 11 27. Covenants 12 13 There are no covenants or warranties other than those expressed in this Lease. 14 15 28. Entire Agreement. 16 This agreement constitutes the entire Agreement between the parties and may be 17 modified only by further written agreement between parties. 18 29. Attorneys' Fees. 19 20 The prevailing party in any legal action to enforce or interpret any provision of this 21 Lease will be entitled to recover from the losing party all attorneys' fees, court costs, and 22 necessary disbursements in connection with that action. The costs, salary, and expenses of 23 the City Attorney, and members of his office, in connection with that action shall be 24 considered as attorneys' fees for the purpose of this Lease. 25 26 27 28 1 IN WITNESS WHEREOF, the parties have executed this Lease on the day and year 2 set forth at the beginning of this Lease. 3 4 CITY OF SAN BERNARDINO 5 6 By_ �m 7 TOM MINOR, Mayor 8 9 ATTEST: 10 11 By 12 RACHEL CLARK, City Clerk .J 14 DIOCESE OF SAN BERNARDINO EDUCATION AND 15 WELFARE CORPORATION for the benefit of GUADALUPE CHILD DEVELOPMENT CENTER. 16 17 By: AAA 18 19 By: 20 21 22 Approved as to form 23 and legal content 24 James F. Penman, 25 City A rney 26 By. 27 28 12 W IYfi1WWWWiWb "� r . GHQ- JW/ Qal► _ J• v1�rtJ � otsr� . i Tit CO& aroc • Ak a 712 701 V J Lis Q CIE W L S t� STREET a.-- -10 W !I � AREA TO BE t IASFD f 1.3f.io ' i 22 I J. AC, I 16J i ®TOTAL ARE-Q= /S,615-6 � •s l a � = SL' S O i 2 z Q yrC�N�f rlq� o Ph h � 81 A5& AMENDMENT TO LEASE AGREEMENT This Amendment to Lease Agreement is made as of this day of 2007, by and between the CITY OF SAN BERNARDINO, a municipal corporation, hereinafter referred to as "Lessor", and DIOCESE OF SAN BERNARDINO EDUCATION AND WELFARE CORPORATION for the benefit of GUADALUPE CHILD DEVELOPMENT CENTER, hereinafter referred to as "Lessee". WHEREAS, the parties have previously executed a Lease Agreement dated November 21, 1997, a copy of which is attached and incorporated herein as Exhibit for that certain property and structures located at 1633 West Fifth Street, in the City of San Bernardino; NOW THEREFORE, the parties hereby mutually agree to an amendment to said Lease Agreement as follows: 1. Section 3. Term is amended to add the following: "The term of this Lease shall be for a period of five (5) years commencing July 1, 2007 and terminating on June 30, 2012, unless terminated at an earlier date as provided in Paragraph 8. Upon mutual consent by both the Lessor and Lessee, the Lessee shall have the right to extend the term of this Lease for one (1) additional term of five (5) years ("Renewal Term") . The Renewal Term shall be on the terms and conditions set forth herein. 2. Section 4. Lease Payments is amended to add the following: Lessee agrees to pay and Lessor agrees to accept as lease payments for said premises, for the term hereof, a monthly rental of ONE HUNDRED AND FIFTY SIX DOLLARS AND TWENTY-FIVE CENTS for the next five years. The payments shall be paid on or before the first Monday of each and every month of the term herein. Payments shall be directed to: City of San Bernardino Real Property Section 300 North "D" Street, 3`d Floor San Bernardino, CA 92418 3. All other terms and conditions of the Lease Agreement shall remain in effect. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year as first written above. LESSOR: CITY OF SAN BERNARDINO DATED: FRED WILSON, City Manager " DATED: RACHEL CLARK, City Clerk Approved as to Form: A ES F. PENMAN, City Attorney LESSEE: DIOCESE OF SAN BERNARDINO EDUCATION AND WELFARE CORPORATION for the benefit of GUADALUPE CHILD DEVELOPMENT CENTER DATED: BY: DATED: BY: 1 LEASE 2 3 (GUADALUPE CHILD DEVELOP;NfENT CENTER) 4 THIS AGREEIENT(Lease), made and entered into this 121 day of 5 A 1997, by and between the CITY OF SAN BERNARDINO, 6 a municipal corporation, hereinafter referred to as "Lessor", and DIOCESE OF SAN 7 BERNARDINO EDUCATION AND WELFARE CORPORATION for the benefit of 8 9 GUADALUPE CHILD DEVELOPMENT CENTER, a California non—profit corporation, 10 hereinafter referred to as "Lessee". 11 RECITALS 12 13 This Lease is made and entered into with respect to the following facts: 14 (a) Lessor is the owner of the property herein described. 15 (b) Lessor is willing to lease the property to lessee upon the temps and conditions 16 hereinafter set forth. 17 (c) Lessee desires the use of said structure, 18 NOW THEREFORE, the parties hereto agree as follows: 19 1. Property Leased 20 21 Lessor hereby leases to Lessee, and the Lessee hereby leases from 22 Lessor, a structure consisting of three portable classrooms located in the City of San 23 Bernardino, County of San Bernardino, State of California, described as follows: 24 25 that portion of lot 23, block 24, Ranch San Bernardino, as per plat thereof recorded in book 7 of Maps, page 2, 26 Records of the County Recorder of San Bernardino County, State of California, described as follows: 27 28 EXHIBIT "A" 1 2 Commencing at the northeast corner of said lot 23; 3 thence south along the east line thereof, a distance of 319 feet, more or less, to the north line of the south 4 320.62 feet of said lot; thence west along said north line, a distance of 129.00 feet to the True point of Beginning; 5 thence continuing west along said north line of the south 6 320.62 feet of said lot, a distance of 83.50 feet; thence north and parallel with the east line of said lot, a distance 7 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 8 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 9 139.50 feet; thence south a distance of 180.30 feet to the True 10 Point of Beginning. 11 Said property is shown on the attached Exhibit 12 2. Use. 13 The leased premises shall be used for a child day care center/child development 14 center. Lessee agrees to use the premises for such purposes, and not to use or 15 permit the use 16 of the property for any other purpose unless the Lessor has previously approved such use in 17 writing. Lessee further understands and agrees that there shall be no restriction of admission 18 of children to the center on the basis of race, color, creed, religion, disability, ancestry, sex, or 19 national origin, and Lessee further understands and agrees that there shall be no religious 20 teaching, indoctrination, or reference to religion in any way, manner, or form whatsoever 21 inasmuch as Lessor is a public entity and subject to constitutional prohibitions concerning 22 religious activities. Lessee agrees to conduct its child day care/child development center in 23 24 such a manner as to not violate any such constitutional restrictions. Lessee shall not commit, 25 or allow to be committed, any waste or nuisance in the leased premises, nor shall it use or 26 allow the premises to be used for an unlawful purpose. Lessee shall at all times possess all 27 necessary licenses and approvals for the operation of a day care center and shall immediately 28 2 MIMM I notify Lessor, through its City Clerk, at any time that such licenses or approvals have been 2 revoked or modified. 3 3. Term. 4 5 The term of this Lease shall be for a period of five (5) years commencing 6 July 31, 1997 and terminating on June 30, 2002, unless terminated at an earlier date as 7 provided in Paragraph 8. 8 4. Lease Payments 9 Lessee agrees to pay and Lessor agrees to accept as rental for said premises, for 10 the term hereof, a monthly rental of ONE HUNDRED DOLLARS ($100.00) for the first two 11 yew The monthly rent will increase to ONE HUNDRED TWENTY FIVE DOLLARS 12 13 ($125.00) commencing July 3, 1999. The said payments shall be paid on or before the first 14 Monday of each and every month of the term herein. Payments shall be directed to: 15 City of San Bernardino Finance Departrnent 16 300 North "D" Street 17 San Bernardino, CA 92418 18 5. Utilities 19 20 Lessee shall pay for all electricity, gas, water, telephone service, and all other 21 services and utilities, including service installation fees and charges for such utilities during 22 the term of this Lease. If Lessee desires additional utilities and/or utility services to the 23 premises, Lessee must first obtain written consent from Lessor. All additional utility 24 connections for the facility shall be placed underground. 25 26 27 28 3 1 6. Taxes/Possessory Interest 2 Lessee Covenants during the term of this Lease to pay, when due, all taxes and 3 assessments that may be assessed or imposed upon the Lessee's possessory nterest in and to 4 ry 5 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 6 7 agrees to indemnify Lessor thereon. Lessee agrees to, and shall hold harmless Lessor from g any and all liability for any such taxes due by virtue of tenant's leasehold improvements, 9 equipment, furniture, fixtures, or other personal property. 10 7, Insurance. 11 Lessee agrees to procure and maintain in force during the term of this Lease 12 13 and any extension, at its own expense, a policy or policies of insurance against loss or 14 damage to the leased premises, appurtenances and permanent equipment, resulting from fire, 15 in a minimum amount of$100,000; and from lightning, vandalism, malicious mischief, and 16 such other perils ordinarily defined as "extended coverage" and other perils in a minimum 17 amount of$100,000. The fire and extended coverage insurance policy shall name Lessor as 18 an additional insured, and shall contain a provision that loss shall be payable to Lessee and 19 20 Lessor as their interests may appear. Lessee agrees to procure and maintain in force during 21 the term of this lease and any extension thereof, at its expense, public liability insurance in 22 companies and through brokers approved by Lessor, adequate to protect against liability for 23 damage claims arising in or around the Leased premises in a minimum amount of at least 24 three million dollars ($3,000,000) for each person injured, six million dollars ($6,000,000) 25 in the aggregate, one hundred thousand ($100,000) for property damage. Lessee shall provide 26 to Lessor a certificate of insurance and an additional insured endorsement which provides: 27 28 4 i 1 2 (a) The City of San Bernardino named as an additional insured. 3 (b) The insurance company name, policy number, period of coverage, 4 and the amount of insurance.. 5 (c) That the Real Property, Section of the Public Works Department of the 6 City of San Bernardino must be given notice in writing at least thirty 7 (30) days prior to cancellation, material change, or refusal to renew 8 the policy. 9 10 (d) That Lessee's insurance will be primary to any coverage the 11 City of San Bernardino may have in effect. 12 Lessee agrees that, if such insurance polices are not kept in force during the term of the lease 13 and any extension thereof, Lessor may have the option to immediately declare this Lease 14 in default, and to terminate said Lease. 15 8, Termination 16 17 This Lease shall be terminable at the option of either party upon the service of 18 ninety- (90) days advance written notice of such termination to other party. upon termination 19 of this Lease, Lessee shall surrender the property occupied by this Lease in as good condition 20 as same was at the time of Lessee's entry thereof subject to the conditions herein set forth. 21 22 9. Maintenance and Operation 23 The Lessee is familiar with the leased premises and has knowledge of the 24 present conditions that exist thereon. Lessee shall, at its own expense, maintain the leased 25 premises and all improvements thereon in good order, condition, and repair. Lessee shall 26 27 28 s 1 provide or cause to be provided all security services, custodial service, and janitorial service, 2 which are required for the proper care and use of the premises. 3 (a) Licenses. Lessee shall post in a prominent place and manner in the 4 demised premises all business licenses, certificates, a copy of this Lease, and all permits that 5 6 are required to do Lessee's business in the City of San Bernardino. 7 (b) Vendors. Lessee shall not permit vendors to display wares, materials, or 8 advertisements inside or outside the demised premises unless prior written permission is 9 secured from Lessor and such written permission is posted in a prominent place and manner 10 in the premises. 11 10 Improvements 12 13 Lessee shall not make, or suffer to be made, any alterations to the demised 14 premises, or any part thereof, without the prior written consent of Lessor. Any and all 15 alterarions and/or improvements made to the demised premises pursuant to this section shall, 16 upon termination of this Lease, remain as a part of the premises and at no cost or obligation to 17 the Lessor. 18 11. Make Alterations, Additions or Changes Required b E q y Law 19 20 If, during the term of this Lease, any law, regulation, or rule requires that an 21 alteration, addition, or other change be made to the demised premises, the parties agree as 22 follows: 23 (a) If the alterations, additions, or changes are required as a result of Lessee's 24 use of the premises, Lessee will make them and bear all expense. 25 (b) If the alterations, additions, or changes are required as a result of the 26 condition or nature of the premises at the time of execution of this Lease, 27 28 6 II I and are not caused by use of the premises by Lessee, Lessor will make 2 them and _ bear all expenses. 3 12. Default 4 5 In the event Lessee is in default in the payment of rentals or other charges hereunder 6 or is otherwise in breach of its covenants or obligations hereunder, and such default exists for 7 a period of thirty days after notice from Lessor to Lessee of such default, Lessor shall have 8 the right and privilege of terminating this Lease and declaring the same at an end, and of 9 entering upon and taking possession of said premises, and shall have the remedies now or 10 hereafter provided by law for recovery of rent, repossession of the premises and damages 11 occasioned by such default. If such default should occur then Lessor shall have the right to 12 13 take possession of and appropriate to itself without payment therefor, any property of Lessee 14 or anyone claiming under it, then remaining on said premises. 15 1.3. Inspections 16 Lessor, its agents, officers, or employees may enter upon the demised premises at such 17 reasonable times during Lessor's normal business hours as it deems necessary for the purpose 18 of inspection of the premises to determine whether the terms and conditions of this Lease are 19 being performed and kept by Lessee. 20 14. Effect of Lessor's waiver. 21 22 Lessor's waiver of breach of any term, covenant, or condition of this Lease is not a 23 waiver of breach of any other, nor of any subsequent breach of the one waived. 24 25 26 27 28 1 15 Non- Discrimination. 2 Lessee hereby covenants by and for itself, its successors, executors, administrators, 3 and assigns, all persons under or through it, and this Lease is made and accepted upon and 4 subject to the following conditions: 5 6 That there shall be no discrimination against or segregation of any person or group of 7 persons, on account of race, color, creed, religion, disability, sex, national origin, or ancestry, 8 in the leasing, sub-leasing, transferring, use occupancy, tenure, or enjoyment of the premises 9 herein leased nor shall the Lessee itself, or any person claiming under or through it, establish 10 or permit any such practice or practices of discrimination or segregation with reference to M 11 the selection, location, number, use, or occupancy, of tenants, lessees, subleasess, subtenants, 12 13 or vendees in the premises herein leased. 14 16. Assignments. 15 Lessee shall not assign this lease or sublet the said premises or any part thereof 16 without obtaining the prior written consent of the Lessor. 17 17. Validity. 18 If any one or more of the terns, provisions,promises, covenants, or conditions, of this 19 Lease shall, to any extent, be adjudged invalid, unenforceable, void, or voidable for any 20 21 reason whatsoever by a court of competent jurisdiction, each and all the remaining terms, 22 provisions, promises, covenants, and conditions of this Lease shall not be affected thereby and 23 shall be enforceable to the fullest extent permitted by law. 24 18. Lease Aaylicable to Successors, Etc 25 This Lease and the terms, covenants, and conditions hereof apply to and are binding 26 on the successors, executors, administrators, and assigns of the parties hereto. 27 28 8 I A 1 19. Lease Breached by Lessee's Receivership, Assignment for the Benefit of Creditors, 2 Insolvency, or Bankru tc . 3 Appointment of a receiver to take possession of Lessee's assets, Lessee's general 4 assignment for benefit of creditors, or Lessee's insolvency or taking or suffering action under 5 6 the Bankruptcy Act is a breach of this Lease and shall terminate same. 7 20. Eminent Domain. g If the whole of the leased premises, or so much thereof as to render the remainder 9 unusable for the purpose for which the same was leased, shall be taken under the power of 10 eminent domain, then this Lease shall terminate as of the date possession shall be so taken. If 11 less than the whole of the leased premises shall be taken under the power of eminent domain, 12 13 and the remainder is usable for the leased purpose, then this Lease shall continue in full force 14 and effect and shall not be terminated by virtue of such taking and the parties may waive the 15 benefit of any law to the contrary, in which event there shall be partial abatement of the rent 16 hereunder in an amount equivalent to the prorated use of the remaining premises. Any award 17 made in eminent domain proceedings for the taking of damaging of the leased premises in 18 whole or in part shall be paid to the Lessor(together with any other money which shall be or 19 may be made available for such purpose). 20 � 21 21. Indemnification and Hold Harmless. I 22 Lessee shall indemnify and hold harmless Lessor, its elective and appointive 23 boards, commissions, officers, agents, and employees from any liability for damage or claims 24 for damage for personal injury, including death, as well as from claims for property damage 25 which may arise from Lessee's operations under this Lease, whether such operations be by 26 Lessee or by any one or more persons directly or indirectly employed by or acting as agent for 27 28 I 9 1 Lessee. Lessee agrees to and shall defend Lessor and its elective and appointive boards, 2 commissions officers agents, and employees from any suits or actions at law or in equity 3 for damages caused, or alleged to have been caused, by reason of any of Lessee's operations 4 under this Lease. 5 6 22. Amendment. 7 This Lease may be amended or modified only by written agreement signed by both 8 parties hereto. Failure on the part of either party to enforce any provision of this Lease shall 9 not be construed as a waiver of the right to compel enforcement of such provision or M 10 provisions, nor act to release any party from its obligations under this Lease. 11 23 Notices. 12 13 All notices given in connection with this Lease shall be in writing and delivered 14 in person or sent by certified mail, postage prepaid, addressed as follows: 15 LESSOR LESSEE 16 City of San Bernardino Diocese of San Bernardino Public Works Department Education &Welfare Corp 17 Real Property Section 1201 East Highland Avenue. 18 300 North "D" Street San Bernardino, Ca 92404 San Bernardino, CA 92418 19 24 Time of Essence. 20 21 Time is of the essence herein. 22 25. Compliance with Laws. 23 Lessee shall not violate, nor allow the violation of, any law of the 24 City, State or Federal governments or rules of the City, in conducting its operations under 25 this Lease. 26 27 28 10 I I 1 2 26. Option to Renew I 3 I If Lessee has fully performed all of the terms, conditions, and covenants 4 5 of this Lease for the lease term hereof, then Lessee shall have the option to renew this Lease 6 for an additional five (5) year period after the expiration of the term of this Lease. Said 7 renewal shall be at a total rent to be negotiated by the Lessor and Lessee, but at a rate no less 8 than the rent payment at the end of the term plus twenty-five percent (25%). To exercise the 9 option to renew, Lessee must give Lessor written notice of Lessee's intention to do so at 10 least one hundred-twenty (120) days prior to the expiration of this Lease. 11 27. Covenants 12 13 There are no covenants or warranties other than those expressed in this Lease. 14 15 28. Entire Agreement 16 This agreement constitutes the entire Agreement between the parties and may be 17 modified only by further written agreement between parties. 18 29. Attorneys' Fees. 19 20 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 21 22 necessary disbursements in connection with that action. The costs, salary, and expenses of 23 the City Attorney, and members of his office, in connection with that action shall be 24 considered as attorneys' fees for the purpose of this Lease. 25 26 27 28 tt 1 IN 'XITNESS WHEREOF, the parties have executed this Lease on the day and year 2 set forth at the beginning of this Lease. 3 4 CITY OF SAN BERNARDINO 5 6 By / �m 7 TOM MINOR, Mayor 8 9 ATTEST: 10 11 '> By 12 RACHEL CLARK, City Clerk 13J jic, clC ��� 14 DIOCESE OF SAN BERNARDINO EDUCATION AND 15 WELFARE CORPORATION for the benefit of GUADALUPE CHILD DEVELOPMENT CENTER. 16 17 By: 18 � , U 19 By: 20 21 22 Approved as to form 23 and legal content 24 James F. Penman, 25 City A mey 26 By: ' c 27 28 12 M a 712 - � 701 - V r Lis Q Aat 4 w � L 5 *� STREET ,4- - i -10 f AREA TO BE t IASFD � D i� 22 O S. ac. d3 I 1 9 ®TCTAL AREA s /5,615.S (} � • i sv S th i I 2 I i a STREET- 1 sa �IT "A'' t