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OR:C;i~:AL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Subject: Resolution terminating a Lease
Agreement with the Easter Seal Society and
authorizing the execution of a Lease Agreement
with A Special Place Children's Hands-on
Museum for use of the Coddington Branch
Library Building as a Children's Museum.
File No. 15.06-140
Synopsis of Previous Council Action: MCC Date: 2-20-2001
4-6-92 -- Resolution No. 92-126 authorizing the execution of a lease agreement with A Special
Place for use of the Coddington Branch Library building as a children's museum, was approved.
7-6-93 -- Resolution No. 93-241 authorizing an amendment to the lease agreement between the
City of San Bernardino and A Special Place, was approved.
6-10-94 - Resolution No. 94-160 authorizing the execution of an amendment to lease agreement
between the City of San Bernardino and Easter Seal Society of the Inland Counties.
From: JAMES FUNK
Director
Dept: Development Services
Date: January 26, 2001
Recommended Motion:
Adopt Resolution.
~
James Funk
Contact person:
EILEEN GOMEZ
Phone:
5328
Supporting data attached: Staff Report/Maps Ward:
tener/Kesol Lease
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FUNDING REQUIREMENTS: Amount: None
Source: (Acct. No.)
(Aeet Description)
Finance:
Council Notes:
Agenda Item No.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Resolution terminating a Lease Agreement with the Easter Seal Society and authorizing the
execution of a Lease Agreement with A Special Place Children's Hands-on Museum for use of
the Coddington Branch Library Building as a Children's Museum.
BACKGROUND:
On April 6, 1992, a lease agreement was entered into between the City and A Special Place, a
California non-profit corporation, for use of City-owned property known as the Coddington
Library building, located in Perris Hill Park for a "hands-on children's museum." At that time,
the City agreed to accept as rent, an amount equal to five percent (5%) of gross revenues
received from admission charges. The admission charges established are minimal in order to
accommodate low to moderate income families in the community, generating an average of
$60.00 per month as revenue to the City.
On May 11, 1994, the City received a letter from Frank Schuetz, President of A Special Place,
informing us of a merger between A Special Place and the Easter Seal Society of the Inland
Counties. At that time, the Mayor and Common Council adopted Resolution No. 94-160,
authorizing the execution of an amendment to a lease agreement between the City of San
Bernardino and the Easter Seal Society of the Inland Counties.
The City was recently notified by the Law Offices of Fullerton, Lemann, Schaefer & Dominick,
who represent A Special Place, that the Easter Seal Society was in the process of having the
facility shut down. A group of concerned individuals formed a new corporation entitled "A
Special Place Children's Hands-on Museum" and quickly took action to take over the operation
as of October 31, 2000. Since the museum has been operating under this group, this action is to
retroactively approve the contract with A Special Place Children's' Hands-on Museum. A
representative of the new corporation has submitted a request to the City to coordinate a new
lease with the same terms as the existing lease. The City has received a Letter of Termination
from the Easter Seal Society, stating that they concur with this request and have agreed it is in
their best interest to terminate the existing lease.
FINANCIAL IMPACT:
A monthly amount equal to five percent (5%) of its gross revenues from admission charges
($2.00 per person, under 2 free) will be contributed to the General Fund. Recent statistics show
an average of $60.00 per month has been generated as revenue.
RECOMMENDATION:
Adopt resolution.
Site of Proposed Lease
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VICINITY MAP
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
REAL PROPERTY SECTION
Proposed Lease with A Special
Place Children's Hands-on Museum
--- Coddington Bramch Library
~ indicates un-incorporated areas
~ within Cit 's S here of Influence
File No.: 15.06-140
Created by: ~k Fo.
Date: 1/25/0
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JAN-23-2001 TUE 02:32 PM FULLERTON LEMANN ET AL FAX NO. 909888 5119
07 'd~l 12:;20 EASTER SEfLS SO Cf.1L ~TR ~ "" 19ra98885119
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Easter Saals
October 17. 2000
City or San Bemardino
Fred Wilson, City Adminisltator
300 North '0' Slreot
SFln Bel1l3rdino, C'A 97A 1 8
Dear Mr. Wilson,
This letter Is to inform you that F.aster Seals Is terminating its lease agreement
with the city for tho property located at 1003 E. Highland Avenue, .San
Bernardino as or Oclober 31, 2000. TI19 properly currently houses A Special
Place, Childlen'$ Hands-On Museum, which has beeri a subsidiary of Easter
Seals since 1996.
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On September 6, 2000 we spoke wfth Eileen Gomez from the c:ily regarding a
certificate of inllUrance for lI1e property. We also informed her at that time that
r:aster Seals would be terminating Its Interest in the museum 8$ of October 31.
We are eXCited to have found friends of 1hs museum who have formed their OWn
non-profit corpomtion and will begin operating-the museum on NOWmber 1,
2000. IhEl new corporation Is caned 'A Spel;ial Pf_, Childllln's Hands-On
Museum, Inc.' This new corporation will be contacting you shortly regarding the
bllading spaco. I am confident that lhey will want to continue to lease the
property from Iho city.
Should you have any questions, please feel free to contact me 81909-888-4125.
SlnceII'lly.
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Debbie flail
E"..ter Se::lls Regional DireClOr
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RESOLUTION. NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO TERMINATING A
3 LEASE AGREEMENT WITH THE EASTER SEAL SOCIETY AND AUTHORIZING
4 THE EXECUTION OF A LEASE AGREEMENT WITH A SPECIAL PLACE
CmLDREN'S HANDS-ON MUSEUM FOR USE OF THE CODDINGTON BRANCH
5 LIBRARY BUILDING AS A CmLDREN'S MUSEUM IN SAN BERNARDINO.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1.
That the Mayor and Common Council of the City of San Bernardino
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12 Children's Hands-on Museum, relating to the use of the Coddington Branch Library building as a
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children's museum in the City, a copy of which is attached hereto marked Exhibit "A", and
incorporated herein by reference as fully as though set forth at length.
SECTION 2. The authorization to execute the above referenced Lease Agreement is
rescinded if the parties to the Lease Agreement fail to execute it within sixty (60) days of the
passage of this resolution.
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2/07/01
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RESOLUTION TERMINATING A LEASE AGREEMENT WITH THE EASTER SEAL SOCIETY AND
AUTHORIZING EXECUTION OF A LEASE AGREEMENT WITH A SPECIAL PLACE CHILDREN'S
HANDS-ON MUSEUM FOR USE OF CODDINGTON BRANCH LmRARY
1 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
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Common Council of the City of San Bernardino at a
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meeting thereof
held on the
day of
, 20_, by the following vote, to
Council Members: AYES
NAYS
ABSTAIN ABSENT
ESTRADA
LIEN
MCGINNIS
SCHNETZ
SUAREZ
ANDERSON
MCCAMMACK
City Clerk
day of
,20_.
JUDITH VALLES, Mayor
City of San Bernardino
pproved as to form
d legal content:
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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 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:
1. Lessor does hereby lease to Lessee and Lessee does hereby lease the facility from
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right to extend the term of this Lease for five (5) additional terms of five (5) years each. Each
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2.
The term of this Lease shall be ten (10) years, commencing on the date both
Lessor and Lessee have executed said Lease ("Commencement Date"). Lessee shall have the
renewal term shall be on the terms and conditions set forth herein.
This Lease shall
20 utomatically be extended for each successive five (5) year renewal term upon Lessor's receipt
21 f Lessee's written notification of intention to renew no later than ninety (90) days prior to the
22 xpiration of the first ten (10) year term or any renewal term. In the event the Lessee decides not
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o extend this Lease, then Lessee shall notify the Lessor in writing of Lessee's intention not to
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xtend this Lease at least ninety (90) days prior to the expiration of the first ten (10) year term or
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26 y renewal term.
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2/7/2001
1
LEASE - A SPECIAL PLACE
15.06-140
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3. In consideration for this lease, Lessee shall pay Lessor as rent an amount equal
to five percent (5%) of its gross revenues from admission charges, due and payable on or
before the Commencement Date, and on the same date of each month thereafter.
Payments shall be directed to:
City of San Bernardino
Director of Finance
300 North "D" Street
San Bernardino, CA 92418
Any payment that is late more than (30) days shall be cause for Lessor, in its discretion,
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to terminate this lease under Paragraph 13.
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4.
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.
5. Lessee shall be responsible for all utilities, including, but not limited to, gas,
electricity, water and telephone service.
6. 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. Lessee shall obtain and maintain statutory workers' compensation insurance,
d public liability and property damage insurance in amounts not less than a combined single
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imit of $1,000,000.00. Copies of said policies shall be delivered to the Development Services
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epartment/Real Property Section and the City's Risk Management Department upon
ommencement Date.
2/7/2000
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LEASE - A SPECIAL PLACE
15.06-140
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8. Lessee agrees to defend, indemnifY, save and hold Lessor, its officers, agents and
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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 or business or personal interest,
arising from any negligent act or omission by Lessee while performing under this Lease.
9. Lessee agrees that it will not discriminate against any person in employment or in
the providing of services under this Lease on the basis of race, creed, color, sex, national heritage
or physical handicap.
10. At any time during business hours, Lessor or its agents or representatives may
enter into the facility to inspect without cost.
11. Lessee shall neither assign this Lease nor sublet the facility without City's
12 approval.
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Lessor shall have the right to approve in advance all rates and fees charged for
14 admission to or use of the facility.
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13. Lessor shall have the right to terminate this Lease in each of the following
circumstances:
(a) At any time during the term of this Lease, without cause, upon giving
Lessee six (6) month's written notice. In such event, Lessor shall reimburse Lessee in the
ount of that percentage of its capital expenditures incurred in making improvements to the
acility equal to the percentage term then remaining on the Lease. By way of example only,
hould Lessor terminate this Lease after one-half of the term has passed, Lessor would then be
iable to reimburse Lessee in an amount equal to fifty percent (50%) of its capital expenditures.
e amount to be reimbursed by Lessor shall be subject to the review and approval of the Mayor
d Common Council, which approval shall not be unreasonably withheld.
2/7/2000
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LEASE - A SPECIAL PLACE
15.06-140
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(b) At any time during the term of this Lease upon giving Lessee thirty (30)
days written notice in the event of (1) Lessee's breach of a material term of this Lease. (2)
Lessee's failure to use the facility in the manner described in Paragraph 4, including, without
limitation, a failure to keep the facility open to the public for the specified minimum number of
days per year, or (3) the total or partial destruction of the facility by reason of fire, flood,
earthquake, or other calamity which renders the facility unsuitable for the uses permitted by this
7 Lease.
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14.
Lessee shall have the right to terminate this Lease upon giving thirty (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.
15. 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.
16. 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 Bernardino
Development ServiceslReal Property Section
300 North "D" Street
San Bernardino, CA 92418-0001
To A Special Place: Law Offices of Fullerton, Lemann,
Schaefer & Dominick, LLP
215 North "D" Street, First Floor
San Bernardino, CA 92401-1712
Nothing in this paragraph shall prevent the giving of notice by personal service.
2/7/2000
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LEASE - A SPECIAL PLACE
15.06-140
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
February 26,2001
TO:
Eileen Gomez, Real Property Specialist
FROM:
Michelle Taylor, Senior Secretary
RE:
Transmitting Documents for Signature - Resolution 2001-36
At the Mayor and Common Council meeting of February 20, 2001, the City of San Bernardino
adopted Resolution 2001-36 - Resolution authorizing the execution of a lease agreement with A
Special Place Children's Hands-On Museum for use of the Coddington Branch Library building
as a children's museum in San Bernardino.
Enclosed are three (3) original agreements. Please obtain signatures where indicated on the
agreements and return to the City Clerk's Office as soon as possible, to my attention.
Please be advised that the resolution and agreement will be null and void if not executed
within 60 days, or by April 23, 2001.
If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you.
Michelle Taylor
Senior Secretary
mentioned documents.
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): 2 - '2..0-0' Item #
Vote: Ayes' -, Nays .e-
Change to motion to amend original documents:
\ 0 Resolution # '-LOO \ -- ?, (0
Abstain B- Absent-e-
Reso. # On Attachments:
/
Contract term:
NullNoid After: 4- 2?-c) ,
Note on Resolution of Attachment stored separately: -=-
Direct City Clerk to (circle I): PUBLISH, POST. RECORD W/COUNTY Date:
See Attached: _
Date Sent to Mayor:
'L-'Ld>-o,
Reso. Log Updated:
Seal Impressed:
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Date of Mayor's Signature: '~'(-3-C \
Date ofClerk/CDC Signature: 2-Z'3'--6\
Date Memo/Letter Sent for Signature: ::l -.:llo -0 ,
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
See Attached: /' Date Returned: :. - ~ - ('::, \ ( ~)
See Attached:
See Attached:
Request for Council Action & Staff Report Attached: Yes /
Updated Prior Resolutions (Other Than Below): Yes
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Yes
Updated CDC Personnel Folders (5557): Yes
Updated Traffic Folders (3985, 8234, 655, 92-389): Yes
No By
No./ By
No -L By
No ./ By
No/ By
Copies Distributed to:
City Attorney ,,/
Parks & Rec.
Code Compliance
Dev. Services /'
EDA
Finance
MIS
Police
Public Services
Water
Others:
Notes:
BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.)
Ready to File: M\
Date: 3- 2-0,