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File No.: 15.06-064
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: ROGER G. HARDGRAVE Subject: RESOLUTION AUTHORIZING A LEASE
RENEWAL --- Diocese of San Bernardino
Dept: Public Works/Engineering Education and Welfare Corporation,for the
benefit of Guadalupe Child Development
Date: October 14, 1997
��+ � ` � Center at 1633 West Fifth Street
Synopsis of Previous Council Action:
03/22/77 --- Execution of ten year lease with Diocese of San Diego for $1.00 per year, from May 16,
1977 to May 15, 1987.
08/01/82 ---Execution of five year lease with Guadalupe Child Development Center(who took over the
lease from Diocese San Diego) for $75.00 per month, from August 1, 1982 through July 31,
1987
08/01/87 ---Execution of five year lease with Guadalupe Child Development Center for$75.00 per
month, from August 1, 1987 through July 31, 1992
05/24/95 --- Resolution 95-63 authorizing execution of the First Amendment to Lease for Guadalupe
Child Development for$100.00 per month, from August 1, 1992 to July 31, 1997.
Recommended Motion:
OCT 3 0 1997
Adopt the Resolution.
cc : Fred Wilson, City Administrator
Barbara Pachon, Finance Director Signature
Jim Penman, City Attorney
Contact Person: Bernard Castro Phone: 5328
Supporting data attached: Staff Report, Resolution, Map Ward: 3
FUNDING REQUIREMENTS: Amount: None
Source (Acct. No.) N/A
(Acct. Description) N/A
Finance:
Council Notes:
Res 97- g y z-
�I
`JJ 11/17/97 Agenda Item No.—
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
The three- (3) temporary classrooms at Nunez Park have been leased to the Diocese of San Bernardino Education
and Welfare Corporation for the benefit of Guadalupe Child Development Center since 1982.
On March 22, 1995,the Mayor and Common Council approved Resolution 95-63 to execute a First Amendment to
the lease with Guadalupe Child Development Center at 1633 West Fifth Street. The lease expired July 31, 1997;
since then the Guadalupe Child Development Center has been on a month to month lease.
The previous lease was for One Hundred Dollars ($100.00). After discussion with the Program Bookkeeper of the
Guadalupe Child Development Center, due to budgetary constraints they requested that lease payment remain at
$100.00 per month for two years, and would agree to an increase to $125.00 per month the third, forth and fifth
year. The rent payment would increase by twenty five- (25%) percent per month should Guadalupe Child
Development Center exercise their option for a second five- (5)term.
We recommend that the lease be renewed for a period of five years.
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1
1 LEASE
2
3 (GUADALUPE CHILD DEVELOPMENT CENTER)
4 THIS AGREEMENT (Lease), made and entered into this day of
5 , 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
GUADALUPE CHILD DEVELOPMENT CENTER, a California non—profit corporation,
9
hereinafter referred to as "Lessee".
10
11 RECITALS
12
This Lease is made and entered into with respect to the following facts:
13
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
Lessor hereby leases to Lessee, and the Lessee hereby leases from
21
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,
25 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
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i
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
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
Point of Beginning.
10
11 Said property is shown on the attached Exhibit "A".
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 permit 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 such a manner as to not violate any such constitutional restrictions. Lessee shall not commit,
24
or allow to be committed, any waste or nuisance in the leased premises, nor shall it use or
25
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
1 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
July 31, 1997 and terminating on June 30, 2002,unless terminated at an earlier date as
6
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 years. The monthly rent will increase to ONE HUNDRED TWENTY FIVE DOLLARS
12
($125.00)commencing July 3, 1999. The said payments shall be paid on or before the first
13
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
San Bernardino, CA 92418
17
18 5. Utilities
19 Lessee shall pay for all electricity, gas, water,telephone service, and all other
20
services and utilities, including service installation fees and charges for such utilities during
21
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
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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 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
8 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
damage to the leased premises, appurtenances and permanent equipment, resulting from fire,
14
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
the term of this lease and any extension thereof, at its expense, public liability insurance in
21
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
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4
1
(a)The City of San Bernardino named as an additional insured.
2
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
(d)That Lessee's insurance will be primary to any coverage the
10
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 g, Termination
16
This Lease shall be terminable at the option of either party upon the service of
17
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
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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
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
Lessee shall not make, or suffer to be made, any alterations to the demised
13
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 If, during the term of this Lease, any law,regulation, or rule requires that an
20
alteration, addition, or other change be made to the demised premises, the parties agree as
21
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
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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
In the event Lessee is in default in the payment of rentals or other charges hereunder
5
or is otherwise in breach of its covenants or obligations hereunder, and such default exists for
6
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 of Lessee
take possession of and appropriate to itself without payment therefor, any property
13
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
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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
That there shall be no discrimination against or segregation of any person or group of
6
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
11 the selection, location,number,use, or occupancy, of tenants, lessees, subleasess, subtenants,
12
or vendees in the premises herein leased.
13
16. Assignments.
14
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 terms,provisions,promises, covenants, or conditions,of this
19 Lease shall,to any extent,be adjudged invalid,unenforceable,void, or voidable for any
20
reason whatsoever by a court of competent jurisdiction, each and all the remaining terms,
21
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
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8
.� 1 19 Lease Breached by Lessee's Receivership, Assignment for the Benefit of Creditors,
Nftp' 2 Insolvency, or Bankruptcy.
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
the Bankruptcy Act is a breach of this Lease and shall terminate same.
6
7 20. Eminent Domain.
8 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
and the remainder is usable for the leased purpose,then this Lease shall continue in full force
13
and effect and shall not be terminated by virtue of such taking and the parties may waive the
14
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. Indemnification and Hold Harmless.
21
Lessee shall indemnify and hold harmless Lessor, its elective and appointive
22
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
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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
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
All notices given in connection with this Lease shall be in writing and delivered
13
in person or sent by certified mail,postage prepaid, addressed as follows:
14
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.
300 North "D" Street San Bernardino, Ca 92404
18 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
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10
1
�- 2 26 Option to Renew
3 If Lessee has fully performed all of the terms, conditions, and covenants
4
of this Lease for the lease term hereof, then Lessee shall have the option to renew this Lease
5
for an additional five (5)year period after the expiration of the term of this Lease. Said
6
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
There are no covenants or warranties other than those expressed in this
13
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 The prevailing party in any legal action to enforce or interpret any provision of this
20
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
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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
TOM MINOR, Mayor
7
8
9 ATTEST:
10
11 By
12 RACHEL CLARK, City Clerk
13
14 DIOCESE OF SAN BERNARDINO EDUCATION AND
WELFARE CORPORATION for the benefit of
15 GUADALUPE CHILD DEVELOPMENT CENTER.
16
17 By:
18
19 By:
20
21
22 Approved as to form
23 and legal content
24 James F. Penman,
25
City orney
26
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CITY OF SAN BERNARDINO
INTEROFFICE MEMORANDUM
CITY CLERK'S OFFICE
RECORDS & INFORMATION MANAGEMENT (RIM) PROGRAM
DATE: October 13, 1998
TO: All Clients
FROM: City Clerk's Office
RE: SCANNING DOCUMENT PROBLEM NOTICE
--------------------------------------------------------------------------------------------------------------------------------------
MAYOR AND COMMON COUNCIL
MEETING DATE: November 17, 1997
ITEM #: #17
RESOLUTION: Res 97-342 - Resolution authorizing the execution of a lease agreement between the City of San
Bernardino and Diocese of San Bernardino Education and Welfare Corporation for the benefit of Guadalupe Child
Development Center at 1633 W 5th St.
NOTICE OF:
Missing Document:
Exhibit/Attachment.
Public Works/Engineering Bound Contract - BOUND DOCUMENT HAS NOT
BEEN SCANNED YET - AVAILABLE IN HARD COPY.
Staff Report.
Bad Quality Original.
Document.
X - Map.
Hand Written Original.
Ordinance - Legal Advertisement Proof of Publication Bad Quality.
Missing Signature -
FOR ASSISTANCE: Should you have any questions on this matter, please do not hesitate to contact either the records
management staff or the Administrative Operations Supervisor at (909) 384-5002.
Rachel Clark
City Clerk RC:mam