HomeMy WebLinkAbout21-Public Works
'CI~ OF SAN BERNARD~O - REQUUT FOR COUNCI~N
From: ROGER G. HARDGRAVE, Dire~C'D.-AOMII+;O~~bject:
Dept: Public Works Department i387 :+JV 23 .',[.1' 2~;
Date: August 25, 1987
LEASE RENEWAL:
Diocese of San Bernardino lease
from the City for Temporary Classrooms
at Nunez Park
FILE NO.15.06-64
Synopsis of Previous Council action:
08/03/82 Authorization was given to execute lease between the City and
Diocese of San Bernardino for three temporary classrooms located at
Nunez Park.
Recommended motion:
Adopt Resolution
cc: Raymond SChweitzer,City Administrator
James Penman, City Attorney
Lewis E. Little
Phone:
384-5328
Contect person:
Supporting datI IUlched:
Yes
Ward:
1
FUNDING REQUIREMENTS:
Amount:
None
Source: (ACCT. NO.)
(ACCT. DESCRIPTION)
Finance:
Council Notes:
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'cIN OF. SAN BERNARD~ - REQU.QT FOR COUNCIL AC~ON
STAFF REPORT
On August 19, 1982 , the City executed a lease with the Diocese of San
Bernardino Education and Welfare Corporation for the lease of 3 temporary
classrooms from the City. The classrooms are located at Nunez Park, South of
5th Street, West of Tia Juana Street. The classrooms are used as a day care
center run by the Diocese of San Bernardino Education and Welfare
Corporation. The lease expired on July 31, 1987.
The previous lease was for the amount of $75.00 per month for a period of ten
years. We are recommending that the lease be renewed for a period of five
years and that the rate of $75.00 per month remain.
8/25/87
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A LEASE WITH THE DIOCESE OF SAN BERNARDINO EDUCATION
AND WELFARE CORPORATION RELATING TO THE USE OF THREE PORTABLF.
CLASSROOMS LOCATED ON NUNEZ 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 is
hereby authorized and directed to execute on behalf of said City
a Lease with the Diocese of San Bernardino Education and Welfare
Corporation relating to the use of three portable classrooms
located on Nunez Park, a copy of which is attached hereto, marked
Exhibit "A" and incorporated herein by reference as fully as
though set forth at length. The lease amount set forth therein
is the fair market rental rate for such premises.
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, held on
the
day of
, 1987, by the
following vote, to wit:
19 AYES:
20
21 NAYS:
22 ABSENT:
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City Clerk
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The foregoing resolution is hereby approved this
, 1987.
of
Approved as to form
and legal content:
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Mayor of the City of San Bernardino
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h.~A.s.E.
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(Day Care Center, Nunez Park)
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THIS LEASE is made and entered into this ____________ day of
4 __________________, 1987, by and between the CITY OF SAN
5 BERNARDINO, a municipal corporation, hereinafter referred to as
6 "Lessor," and the DIOCESE OF SAN BERNARDINO EDUCATION AND WELFARE
7 CORPORATION,
a California non-profit corporation, hereinafter
8 referred to as "Lessee."
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NOW, THEREFORE, in consideration of the rental hereafter
10 reserved and agreed to be paid to Lessor by Lessee and the mutual
11 promises, obligations, and covenants hereinafter set forth and the
12 faithful performance thereof, the parties mutually agree as
13 follows:
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1. Property I eased. Lessor hereby leases a structure
15 consisting of three portable classrooms located upon
16 that portion of Lot 23, Block 24, Rancho San Bernardino,
as per plat thereof recorded in Book 7 of Maps. page 2,
17 records of the County Recorder of San Bernardino County.
State of California, described as follows:
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Commenc i ng at the northeast COI"ne r of sa i d Lot 23;
thence south along the east line thereof, a distance of
319 feet, more or less, to the north 1 ine of the south
320.62 feet of said Lot; thence west along said north
1 ine, a distance of 129.00 feet to the True Point of
Beginning; thence continuing west along said north line
of the south 320.62 feet of sa i d Lot, a distance of
83.50 feet; thence north and parallel with the east line
of said Lot, a distance 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 with the east 1 ine
of sa i d Lot, a distance of 10.00 feet; thence east and
parallel with the north line of said Lot, a distance of
139.50 feet; thence south a distance of 180.30 feet to
the True Point of Beginning.
2. ~. The leased premises shall be used for a child day
care center/child development center.
Lessee agrees to restrict
08/25/87
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EXHIBIT "A"
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1 its use to such purposes, and not to use or permit the use of the
2 property for any other purpose unless such use has been
3 previously approved in writing, by the Lessor. Lessee further
4 understands and agrees that there shall be no restriction of
5 admission of children to the center on the basis of race, color,
6 creed, religion, sex, or national origin, and Lessee further
7 understands and agrees that there shall be no religious teaching,
8 indoctrination, or reference to religion in any way, manner, or
9 form whatsoever inasmuch as Lessor is a public entity and subject
10 to absolute constitutional prohibitions concerning religious
11 activities. Lessee agrees to conduct its child day care/child
12 development center in such a manner as to not violate any such
13 constitutional restrictions. Lessee shall not commit, or allow
14 to be committed, any waste or nuisance in the leased premises,
15 nor shall it use or allow the premises to be used for an unlawful
16 purpose. Lessee shall at all times possess all necessary
17 licenses and approvals for the operation of a day care center and
18 shall immediately notify Lessor, through its City Clerk, at any
19 time that such licenses or approvals have been revoked or
20 modified.
21 3. Term. The term of this Lease shall be for a period of
22 five years, beginning August I, 1987, and ending July 31, 1992.
23 4. Pavments. Lessee agrees to pay and Lessor agrees to
24 accept as rental for said premises, for the entire term hereof, a
25 monthly rental of SEVENTY-FIVE DOLLARS ($75.00). The said rental
26 payments shall be paid on or before the first Monday of each and
27 every month of the term herein, and made payable to the CITY OF
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EXHIBIT "A"
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SAN BERNARDINO, Attention: Finance Department, at the address
hereinafter set forth.
5. Utilities. Lessee shall pay for all electricity, gas,
telephone service, and all other services and utilities including
service installation fees and charges for such utilities which
are now provided to the leased premises during the term of this
Lease. If Lessee desires additional utilities and/or utility
services to the premises, Lessee must first obtain written
consent from Lessor.
6. Taxes/Possessory Interest. Lessee covenants during the
term of this Lease to pay, when due, all taxes and assessments
that may be assessed or imposed upon the Lessee's possessory
interest in and to the premises and upon personal property
located on the leased premises. During Lessee's possession and
use of the leased premises, should any taxes thereon be assessed
against Lessor, Lessee agrees to indemnify Lessor thereon.
7. Insurance. Lessee agrees to procure and maintain in
force during the term of this Lease and any extension thereof, at I
its expense, a policy or policies of insurance against loss or
damage to the leased premises, and appurtenances and permanent
equipment, resulting from fire, in a minimum amount of $50,000
and from lightening, vandalism, malicious mischief, and such
perils ordinarily defined as "extended coverage" and other perils
in a minimum amount of $50,000. The fire and extended coverage
insurance policy shall include Lessor as an additional insured,
and shall contain a provision that loss shall be payable to
Lessee and Lessor as their interests may appear. Lessee agrees
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EXHIBIT "A"
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1 to procure and maintain in force during the term of this Lease
2 and any extension thereof, at its expense, public liability
3 insurance in companies having a rating by Best's Insurance Guide
4 of "A" (General POlicyholder) and "AA" (Financial) ratings or
5 better, adequate to protect against liability for damage claims
6 through public use of or arising out of accidents occurring in or
7 around the leased premises, in a minimum amount of $3,000,000 for
8 each person injured, $6,000,000 for anyone accident, $50,000 for
9 property damage. Such insurance policies shall provide coverage
10 for Lessor's contingent liability on such claims of losses, and
11 Lessor shall be named an additional insured. The policies or
12 certificates of insurance shall be delivered to Lessor,
13 Attention: Real Property Section, for keeping. Lessee agrees
14 that, if such insurance policies are not kept in force during the
15 term of this Lease and any extension thereof, Lessor may have the
16 option to immediately declare this Lease in default, and to
17 terminate said Lease.
18 8. Termination. Lessee shall have the right to terminate
19 H.jf r.E',':"" Ii; "';,,,,:: further liability upon the service of ninety
20 day's advance written notice of such termination. Upon
21 termination of this Lease, Lessee shall surrender the property
22 occupied by this Lease in as good condition as same was at the
23 time of Lessee's entry thereof subject to the conditions herein
24 set forth.
25 9. Maintenance and Operation. The Lessee is familiar with
26 the leased premises and has knowledge of the present conditions
27 that exist thereon. Lessee shall, at its own expense, maintain
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EXHIBIT "A"
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10-29-87
the leased premises and all improvements thereon in good order,
condition, and repair. Lessee shall provide or cause to be
provided all security service, custodial service, and janitorial
service, which is required for the proper care and use of the
premises.
(a) Licenses. Lessee shall post in a prominent
place and manner in the 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.
(b) Vendors. Lessee shall not permit vendors to
display wares, materials, or advertisements inside or outside the
demised premises unless prior written permission is secured from
Lessor and such written permission is posted in a prominent place
and manner in the premises.
10. Improvements. Lessee shall not make, or suffer to be
made, any alterations to the demised premises, or any part
thereof, without the prior written consent of Lessor. Any and
all alterations and/or improvements made to the demised premises
pursuant to this section shall, upon termination of this Lease,
remain as a part of the premises and at no cost or obligation to
the Lessor.
11. Dutv to Make Alterations. Additions. or ChanQes
Required bv Law. If, during the term of this Lease, any law,
regulations, or rule requires that an alteration, addition, or
other change be made to the demised premises, the parties agree
as follows:
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EXHIBIT "All
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IO-29-87
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(a) If the alterations, additions, or changes are
required as a result of Lessee's use of the premises, Lessee will
make them and bear all expense connected therewith.
(b) If the alterations, additions, or changes are
required as a result of the condition or nature of the premises
at the time of execution of this Lease, and are not caused by use
of the premises by Lessee, Lessor will make them and bear all
expense connected therewith.
12. Defaults.
In the event Lessee shall be in default
in the payment of rentals or other charges hereunder or shall
otherwise breach its covenants or obligations hereunder, and
shall be and remain in default for a period of thirty days after
notice from Lessor to it of such default, Lessor shall have the
right and privilege of terminating this Lease and declaring the
same at an end, and of entering upon and taking possession of
said premises, and shall have the remedies now or hereafter
provided by law for recovery of rent, repossession of the
premises and damages occasioned by such default. If such default
should occur, then Lessor shall have the right to take possession
of and appropriate to itself without payment therefor, any
property of Lessee or anyone claiming under it, then remaining on
said premises.
13. Inspections. Lessor, its agents, officers, or
employees may enter upon the demised premises at such reasonable
times during Lessor's normal business hours as it deems necessary
for the purpose of inspection of the premises to determine
whether the terms and conditions of this Lease are being
performed and kept by Lessee.
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EXHIBIT "An
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14. Effect of Lessor's Waiver. Lessor's waiver of breach
of one term, covenant, or condition of this Lease is not a waiver
of breach of others, nor of subsequent breach of the one waived.
Lessor's acceptance of rent installments after breach is not a
waiver of the breach, except of breach of the covenant to pay the
rent installment or installments accepted.
15. Non-Discrimination. Lessee hereby covenants by and
for itself, its successors, executors, administrators, and
assigns, and all persons under or through it, and this Lease is
made and accepted upon and subject to the following conditions:
That there shall be no discrimination against or
segregation of any person or group of persons, on account
of race, color, creed, national origin, or ancestry, in the
leasing, sub-leasing, transferring, use, occupancy, tenure,
or enjoyment of the premises herein leased nor shall the
Lessee itself, or any person claiming under or through it,
establish or permit any such practice or practices of
discrimination or segregation with reference to the
selection, location, number, use, or occupancy, of tenants,
lessees, sublessees, subtenants, or vendees in the premises
herein leased.
16. Assiqnments. Lessee shall not assign this Lease or
sublet the said premises or any part thereof without obtaining
the prior written consent of the Lessor.
17. Validity. If anyone or more of the terms,
provisions, promises, covenants, or conditions of this Lease
shall, to any extent, be adjudged invalid, unenforceable, void,
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EXHIBIT "A"
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10-29-87
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or voidable for any reason whatsoever by a court of competent
jurisdiction, each and all of the remaining terms, provisions,
promises, covenants, and conditions of this Lease shall not be
affected thereby and shall be valid and enforceable to the
fullest extent permitted by law.
18. Lease Applicable to Successors, Etc. This Lease and
the terms, covenants, and conditions hereof apply to and are
binding on the successors, executors, administrators, and assigns
of the parties hereto.
19. Lease Breached by Lessee's Receivership, Assianment
for Benefit of Creditors, Insolvency, or Bankruptcy. Appointment
of a receiver to take possession of Lessee's assets, Lessee's
general assignment for benefit of creditors, or Lessee's
insolvency or taking or suffering action under the Bankruptcy Act
is a breach of this Lease and shall terminate same.
20. Eminent Domain. If the whole of the leased premises,
or so much thereof as to render the remainder unusable for the
purposes for which the same was leased, shall be taken under the
power of eminent domain, then this Lease shall terminate as of
the date possession shall be so taken. If less than the whole of
the leased premises shall be taken under the power of eminent
domain, and the remainder is usable for the leased purposes, then
this Lease shall continue in full force and effect and shall not
be terminated by virtue of such taking and the parties may waive
the benefit of any law to the contrary, in which event there
shall be a partial abatement of the rent hereunder in an amount
equivalent to the prorated use of the remaining premises. Any
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EXHIBIT "A"
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1 award made in eminent domain proceedings for the taking or
2 damaging of the leased premises in whole or in part shall be paid
3 to the Lessor (together with any other money which shall be or
4 may be made available for such purpose).
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21. Hold Harmless. Lessee hereby agrees to, and shall,
6 hold Lessor, its elective and appointive boards, commissions,
7 officers, agents and employees harmless from any liability for
8 damage or claims for damage for personal injury, including death,
9 as well as from claims for property damage which may arise from
10 Lessee's operations under this Lease, whether such operations be
11 by Lessee or by anyone or more persons directly or indirectly
12 employed by or acting as agent for Lessee. Lessee agrees to and
13 shall defend Lessor and its elective and appointive boards,
14 commissions, officers and employees from any suits or actions at
15 law or in equity for damages caused, or alleged to have been
16 caused, by reason of any of the aforesaid operations.
17 22. Amendment. This Lease may be amended or modified only
18 by written agreement signed by both parties hereto.
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23. Notices. All notices herein required shall be in
20 writing and delivered in person or sent by certified mail,
21 postage prepaid, addressed as follows:
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10-29-87
Lessor
Lessee
City of San Bernardino
Attn: City Clerk
300 No. "D" Street
San Bernardino, CA 92418
Diocese of San Bernardino
Education & Welfare Corp.
1738 North Waterman Ave.
Suite 7
San Bernardino, CA 92404
24. Time of Essence. Time is of the essence herein.
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EXHIBIT "Au
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25. Entire Agreement. This agreement constitutes the
6 ATTEST:
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City Clerk
Approved as to Form
and Legal Content:
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2 entire Agreement between the parties and may be modified only by
3 further written agreement between the parties.
4 IN WITNESS WHEREOF, the parties hereto have caused this
5 Lease to be executed the day and year first above written.
10-29-87
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CITY OF SAN BERNARDINO
By
Mayor
DIOCESE OF SAN BERNARDINO
EDUCATION & WELFARE
CORPORATION
By
Sister Ann Muckerman
Superintendent of Schools
EXHIBIT "An