HomeMy WebLinkAbout13- Joint Public Hearing RED''VELOPMENT AGENCY-RFlUEST FOR C^MMISSION/COUNCIL AC",ON
From: Glenda Saul, Executive Director Subject: YWCA—JOINT PUBLIC HEARING
t Redevelopment Agency
Date: February 23, 1988
Synopsis of Previous Commission/Council action:
7/10/75 Adopted Resolution #3070 authorizing execution of all documents regarding
relocation of 1) County Facilities, 2) YWCA Facilities and 3) SAFECO Title
Insurance.
10/23/75 Adopted Resolution #3123 authorizing expenditure of funds for the rehab of
County Agriculture Bldg. for temporary occupancy of YWCA.
09/19/83 Adopted Resolution #4512 to install new roofing
02/06/84 Adopted Resolution #4576 to sell building to YWCA
04/09/84 Adopted Resolution #4593 to convey adjacent land to State of California.
05/09/84 Adopted Resolution #84-176 authorizing vacation of Lugo Street adjacent to
YWCA Bldg.
03/07/85 Adopted Resolution #4735 to grant easement to Southern California Edison.
(Continued on page 3)
Recommended motion: (MAYOR AND COMMON COUNCIL)
OPEN JOINT PUBLIC HEARING
CLOSE JOINT PUBLIC HEARING
{ A. MOVE TO ADOPT A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A LEASE BETWEEN
THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, THE CITY OF SAN
BERNARDINO, AND THE YOUNG WOMEN'S CHRISTIAN ASSOCIATION OF SAN BERNARDINO,
RELATING TO THE LEASE OF SPACE.
(COMMUNITY DEVELOPMENT COMMISSION)
B. MOVE TO ADOPT A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A LEASE
BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, THE CITY
OF SAN BERNARDINO, AND THE YOUNG WOMEN'S CHRISTIAN ASSOCIATION OF SAN
BERNARDINO.
(Continued on page 2) Signature
Contact person: Glenda Saul Phone: 383-5081
Supporting data attached: YES Ward: 1st
FUNDING REQUIREMENTS: Amount: $ N/A Project: CCE
No adverse Impact on City: Date: March 7, 1988
Council Notes:
3611G/SG/mv
03/07/88
Agenda Item No. -/3
RECOMMENDED MOTION Continued from page 1:
COMMUNITY DEVELOPMENT COMMISSION
C. MOVE TO AUTHORIZE STAFF TO RETURN THE $5,000 DEPOSIT TO YWCA.
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03/07/88
Synopsis of Previous Commission/Council action: (continued from page 1 )
09/22/86 Motion to set Public Hearing for October 20, 1986.
10/20/86 Adopted Resolution #86-442 approving sale of property to YWCA.
10/20/86 Adopted Resolution #4942 authorizing and directing execution of DDA.
02/02/87 Commission directed that City consider waiving fees for YWCA rehab -- with
YWCA obtaining permit as tenant. Commission further approved
reimbursement to YWCA for Workman' s Compensation Insurance up to $2500.
02/09/87 - Mayor and Common Council authorized (by motion) Agency to obtain building
permits as owner/builder for rehab of YWCA Bldg. and waived fees required.
02/16/87 Community Development Commission authorized the Executive Director to sign
on behalf of the RDA as owner/builder for the YWCA remodeling with all
City fees being waived.
10/08/87 Set Joint Public Hearing of Mayor and Common Council and Community
Development Commission for October 19, 1987.
10/19/87 Mayor and Common Council /Community Development Commission continued Public
Hearing to November 16, 1987, and referred to Redevelopment Committee for
review.
10/19/87 Mayor and Common Council instructed Parks and Recreation Department to
contact State of California for preparation of Lease Agreement for use of
park land for Teddy Bear Tymes .
11/16/87 Public Hearing continued to 12/21 /87. Staff and Counsel directed to
research lease.
01/04/88 Community Development Commission directed staff to begin procedures needed
to convey property to the City of San Bernardino for $1 .00.
02/01 /88 Motion to Set Joint Public Hearing for March 10, 1988, at 11 :00 a.m. ,
Authorized RDA staff to retain $5,000 deposit by YWCA pending negotiations
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03/07/88
S T A F F R E P O R T
On February 1 , 1988, the Mayor and Common Council and Community Development Commission
set a Joint Public Hearing to consider the sale or lease of real property to the Young
Women' s Christian Association.
Agency Counsel has prepared a proposed 50-year lease for the property presently
occupied by the YWCA. In 1976, it was clear the City and Redevelopment Agency
intended to execute a 50 year lease with the YWCA. After extensive research, it was
concluded that no lease was ever signed.
This propsed lease will be retroactive reflecting the time period of January 1 , 1976
to December 31 , 2025.
Project Location
The property is located at 566 North Lugo Avenue, San Bernardino and is shown on
the map attached to the Summary of Financial Aspects.
Lease
• Term - 50 years
Beginning January 1 , 1976 to December 31 , 2025
• Amount - $1 .00 per year
(To be paid annually, in advance)
YWCA Obligations
• Pay $1 .00 annually for each and every year of term of lease, in advance.
• Any plans for improvements to property shall be prepared at YWCA' s
expense, subject to appropriate Departmental approvals .
• Responsible for landscaping and maintaining entire available area of
leased premises.
• Responsible for payment of all utility bills, and real and personal
property taxes assessed during term of lease. Pay for management,
maintenance and repair of lease premises.
• Continued use as a YWCA facility.
• Provide Insurance, at own expense, as set forth in lease.
RDA Obligations
• Lease real property to YWCA for 50 years, beginning January 1 , 1976 and
ending December 31 , 2025 for $1 .00 per year.
Attached (Exhibit A) is a copy of the Notice of Joint Public Hearing as published in
The Sun Newspaper, along with a Summary of Financial Aspects with total expenditures
of the entire project.
3611G/SG/mv
03/07/88
The Community Development Coi,,,,.ission recommendeu reviewing all city-owned property
before considering the sale to the YWCA. At the Community Development Commission
meeting of February 1 , 1988, a motion was made to consider the SALE or LEASE of this
property. A sale could result in the following:
Agency' s Obligations (Sale Option)
Sell land and building to YWCA for total price of $36,248.28.
Land & Building $5,000.00
Past-due Utilities 8,133.00
Roofing 20,610.00
Boiler Repair 461 .00
Interest 2,044.28
$36.248.28
An escrow will handle transaction as a neutral third party.
YWCA Obligations (Sale Option)
The YWCA is obligated to the property' s continued use as a YWCA facility. They have
already paid $5,000.00 to the Agency and would execute a Note in the amount of
$31 ,248.28 at 7% interest with monthly payments which would start at $182.50 and
increase accordingly so that the loan would be fully paid in 12 years and 5 months.
Money on Deposit ($5,000)
The YWCA has previously placed $5,000 on deposit when a sale was under negotiation.
They have also recently paid the $8, 133 for past-due utilities and another $2,044 in
interest. Staff recommended a motion to authorize the return of the $5,000 deposit.
3611G/SG/mv
03/07/88
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO WARD
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SUMMARY OF FINANCIAL ASPECTS
OF A PROPOSED AGREEMENT WITH THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
PROPOSED AGREEMENT: YWCA LEASE
PROJECT AREA: CENTRAL CITY
It is proposed that the Redevelopment Agency of the City of San Bernardino
lease to the City of San Bernardino the property described on the attached
Exhibit A.
1 ) The cost of the agreement to the Agency, including land acquisition cost,
clearance costs, relocation costs, the costs of any improvements to be
provided by the Agency, plus the expected interest on any loans or bonds
to finance the lease is $221 ,584
2) The estimated value of the interest to be conveyed or leased, determined
at the highest uses permitted under the plan is not less than $350,000
3) The purchase price or sum of the lease payments is $50 The
reason this is less than the- fair market value is:
The Redevelopment Agency relocated the YWCA into this building during a
Land Exchange Agreement between the City, RDA and County. There appears
to be an existing Lease, whose terms were unknown and the purpose of this
Lease is to clarify the terms . The YWCA provides a Public Service to the
Citizens of San Bernardino.
3539G/mv
It
Redevelopment Agency of the City of San Bernardino
Summary of Financial Aspects
YWCA
As of February 5, 1988
Parcel-Location:
135-061-10
566 North Lugo, San Bernardino
Acquired 3-24-81 from the County of San Bernardino
under terms of the Exchange Agreement.
Other Expenditures :
Leased from the County
October 1975 to February 1982 $ 82,000
Utilities (Unreimbursed) 8,133
Appraisal 1 ,500
Feasibility Study for Renovation 1 ,690
Relocation of County Agriculture Bldg 8,770
Roofing 20,610
Boiler Repair 461
YWCA Worker' s Comp 500
Legal 5,000
Sub Total 128,664
Carrying Costs* 92,920
Total Expenditures
* Carrying Costs based upon interest rates applicable to costs
accumulated per year October 1975 to February 1988.
0806A
NOTICE OF JOINT PUBLIC HEARING OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO, CALIFORNIA, AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO REGARDING THE SALE OR LEASE OF PROPERTY TO YOUNG
{ WOMEN'S CHRISTIAN ASSOCIATION OF GREATER SAN BERNARDINO (CENTRAL CITY EAST).
NOTICE IS HEREBY GIVEN that the Mayor and Common Council of the City of
San Bernardino and the Community Development Commission of the City of San
Bernardino, California, will conduct a Joint Public Hearing pursuant to Health
and Safety Code Sections 33431 and 33433 on the sale or Lease of certain real
property owned by the Redevelopment Agency of the City of San Bernardino
generally located within the Central City East Project Area, on the day, hour
and place specified below:
DATE: March 7, 1987
TIME: 11 :00 a.m.
PLACE: City Council Chambers of the City of San Bernardino
City Hall , 300 North "D" Street
San Bernardino, California
The real property proposed to be sold or leased by the Redevelopment
Agency is located at 566 North Lugo Street, San Bernardino, identified as APN
135-061-10.
The Redevelopment Agency proposes to sell or lease said real property to
Young Women's Christian Association of Greater San Bernardino for a 50 year
term.
�k The City Clerk of the City of San Bernardino and/or the Redevelopment
de elopment
Agency has available for public inspection and copying at a cost not to exceed
the cost of duplication, at its offices at 300 North "D" Street, San
Bernardino, California, the following documents:
a) A copy of the proposed lease;
b) A summary which describes and specifies:
1) The cost of the agreement to the Agency, including land acquisition
costs, clearance costs, relocation costs, the costs of any
improvements to be provided by the agency, plus the expected
interest on any loans or bonds to finance the agreements;
2) The estimated value of the interest to be conveyed or leased,
determined at the highest uses permitted under the plan; and
3) The purchase price or sum of the lease payments which the lessor
will be required to make during the term of the lease. If the sale
price or total rental amount is less than the fair market value of
the interest to be conveyed or leased, determined at the highest and
best use consistent with the redevelopment plan, then the agency
shall provide as part of the summary an explanation of the reasons
for the difference.
On the day and the hour and place specified, all interested persons may
appear and be heard concerning the foregoing matters.
Further information regarding the proposed sale or lease may be obtained
from the Executive Director of the Agency at 300 North "D" Street, Fourth
Floor, San Bernardino, California.
GIVEN BY ORDER of the Mayor and Common Council of the City of San
Bernardino and the Redevelopment Agency of the City of San Bernardino,
California.
SHAUNA CLARK GLENDA SAUL, Secretary
City Clerk Community Development
Commission
City of San Bernardino City of San Bernardino
:.t
3081G
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1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
3 EXECUTION OF A LEASE WITH THE CITY OF SAN BERNARDINO, THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, AND THE YOUNG
4 WOMEN'S CHRISTIAN ASSOCIATION OF SAN BERNARDINO, RELATING TO
LEASE OF SPACE .
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
6 OF SAN BERNARDINO AS FOLLOWS:
7 SECTION 1 . The Mayor is hereby authorized and directed to
8 execute on behalf of said City a Lease with the City of San
9 Bernardino , the Redevelopment Agency of the City of San
10 Bernardino , and the Young Women 's Christian Association of San
11 Bernardino , relating to the lease of space , which lease is
12 attached hereto , marked Exhibit "A" , and incorporated herein by
13 reference as fully as though set forth at length.
14 I HEREBY CERTIFY that the foregoing resolution was duly
15 adopted by the Mayor and Common Council of the City of San
16 Bernardino at a meeting thereof , held on
17 the day of , 1988, by the following vote ,
18 to wit:
19 AYES: Council Members
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21 NAYS:
22 ABSENT:
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24 City Clerk
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1 The foregoing resolution is hereby approved this
2 day of 1988•
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4 Mayor of the City of San Bernardino
5 Approved as to form
and legal content:
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C ' Attorney
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1 RESOLUTION NO.
2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF
3 A LEASE BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO, THE CITY OF SAN BERNARDINO, AND THE YOUNG WOMEN'S
4 CHRISTIAN ASSOCIATION OF SAN BERNARDINO.
5 BE IT RESOLVED BY THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO AS FOLLOWS:
6
7 SECTION 1. The Chairman and Secretary of the Community
8 Development Commission of the City of San Bernardino are hereby
9 authorized and directed to execute for and on behalf of the
10 Redevelopment Agency of the City of San Bernardino a lease
11 between the Redevelopment Agency of the City of San Bernardino ,
12 the City of San Bernardino , and the Young Women 's Christian
13 Association of San Bernardino , with such non-substantive changes
14 to said lease as may be approved by the Chairman and Agency
15 Counsel . A copy of said lease is attached hereto as Exhibit "l"
16 and incorporated herein by this reference as fully as though set
17 forth at length.
18 Dated:
19 Approved as to form:
20 AGENCY COUNSEL
21 B ICJ
22 y
Dennis Barlow
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21.ki
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1-25-88 l
I The foregoing resolution was duly adopted by the following
2 vote , to wit:
3 AYES: Members
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5 NAYS:
6 ABSENT or
ABSTAIN:
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1-25-88 2
D
1 L E A S E
2 (YWCA)
3
4 THIS LEASE is made and entered into this day of
5 1988, by and between the CITY OF SAN
6 BERNARDINO, a municipal corporation of the State of California ,
7 and the REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, a
8 public agency, both as their interests shall appear , hereinafter
9 both called 'Lessor" , and the YOUNG WOMEN'S CHRISTIAN ASSOCIATION
10 of San Bernardino , California , a corporation , hereinafter called
"Lessee" .
11 _
WITNESSETH:
12
13 1. Lessor for and in consideration of the rental payments
14 to be made , and the covenants and agreements to be kept and
15 performed , by and on the part of Lessee as hereinafter set forth
16 and contained , does hereby lease to Lessee for the term and uses
17 and purposes hereinafter stated , those parcels of land described
18 on Exhibit "A" attached hereto and incorporated herein.
19 2. This Lease is , and shall be , for the term and period of
20 fifty (50) years from and including the first day of January,
21 1976 , to and including the 31st day of December , 2025 .
22 3 . As rental for the parcel of land hereby leased , and the
23 occupancy, use and enjoyment thereof , Lessee shall pay to Lessor
24 the yearly rental of One Dollar ($1 .00) per year for each and
25 every year of the term of this Lease , which rental shall be paid
26 annually in advance .
27 4 . Plans and specifications for all improvements to the
28 real property shall be prepared by the Lessee at its expense;
1
I said plans , specifications and all improvements shall be subject
2 to the approval of the Planning Director and the Director of
3 Parks , Recreation and Community Services Department of the City
4 of San Bernardino . Each set of the said plans and specifications
5 will be identified by the signature of the Director of Public
6 Works of the City of San Bernardino and the signature of a
7 representative of Lessee; one of which sets of plans and
8 specifications will be delivered promptly to Lessor .
9 Furthermore , the Lessee shall at its own expense landscape ,
10 beautify, plant and maintain the entire available area of the
11 leased premises , subject to the approval of the Planning Director
12 and Parks , Recreation and Community Services Director of the City
13 of San Bernardino .
14 Lessee shall furnish or cause to be furnished all material ,
15 equipment , labor and supervision to complete the construction of
16 all improvements to the leased premises according to said plans
17 and specifications , and all construction and work therein
18 specified shall be in accordance with the provisions of the
19 ordinances and laws of the City of San Bernardino and any other
20 governmental authority applicable thereto . In the event of
21 conflict between any of such specifications and any of such
22 ordinances or laws , Lessee shall be governed by and comply with
23 such ordinances or laws insofar as they conflict with such
24 specifications but shall not otherwise deviate from said
25 specifications .
26 During the construction of any improvements an engineer or
27 architect designated by the Lessor , or his duly appointed
28
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I representatives , shall have complete access to the site,
2 structures , improvements and equipment . Lessee shall designate
3 some responsible person to be in charge of said construction who
4 will be available to confer with such engineer or architect .
5 Any amendments to the approved plans and specifications or
6 change orders relating to the building and landscaping projects
7 for the leased premises , and the construction and maintenance
8 thereof by the Lessee , shall be subject to the prior written
9 approval of the Planning Director and Parks , Recreation and
10 Community Services Director of the City of San Bernardino .
11 5. Lessee covenants and agrees with Lessor as follows:
12 (a) That Lessee "will not use said premises for any
13 unlawful purposes .
` 14 (b) That Lessee will pay rent as above specified .
15 (c) That Lessee will use said premises in a careful and
16 proper manner .
17 (d) That Lessee will comply with such lawful requirements
18 of state , municipal and public authorities as relate to its use
19 and occupancy of said premises .
20 (e) That Lessee will maintain said premises and
21 improvements and make all replacements and repairs necessary to
22 said premises and improvements during the term hereof , ordinary
23 wear and tear excepted .
24 (f) That Lessee will permit Lessor to examine said
25 premises during usual business hours .
26 (g) That Lessee will pay for all gas , electricity, light ,
27 heat , power , water and other service or utility used on or
28 supplied to said premises .
3
I keep the leased premises free from laborers ' and materialmens '
2 liens and that it will fully pay and discharge all labor and
3 materialmens ' bills arising from construction , repair or
4 alteration work done by it , and will hold Lessor and the above
5 described property harmless from any and all demands and claims
6 which may or could ripen into liens . The Lessor shall at all
7 times have the right to enter upon the leased premises and to
8 post and maintain notices thereon of non-responsibility for the
9 cost of any construction , alteration or repair by Lessee of any
10 structures or improvements at any time upon said premises .
11 7. Lessee shall at all times on and after the date on
12 which the term of this - Lease commences , and at its own expense ,
13 keep all of the improvements on the leased premises insured
14 against loss or damage by fire and other risks covered by
15 standard extended coverage endorsement , and by vandalism and
16 malicious mischief , and insured against loss or destruction due
17 to shock or earthquake , and war damage (when procurable) in an
18 amount equal to not less than the replacement cost of such
19 improvements . That Lessee will procure and maintain in force
20 during the term of this Lease an insurance policy or policies
21 insuring Lessor and its officers , employees and agents against
22 public liability and property damage in the following minimum
23 amounts:
24 For injury to or death of one person $3 ,000 ,000
25 Subject to the above limit for each
person , for injury to or death of two
26 or more persons in any one occurrence $6,000 ,000
27 For damage to property of others for
28 each occurrence $ 50,000
5
1 All insurance shall be carried with insurance companies
2 approved by Lessor and licensed to do business in the State of
3 California . A renewal policy shall be procured not .less than ten
4 (10) days prior to the expiration of any such policy. The
5 policies of insurance as above provided or certificates of the
6 insurers evidencing insurance carried on or respecting the
7 premises hereby leased shall be forthwith deposited with Lessor ,
8 and Lessor and Lessee shall be named as joint assured by said
9 policies during the full term of this Lease. Such policies or
10 certificates shall provide that such insurance may not be
11 cancelled or reduced in coverage without thirty (30) days '
12 written notice to Lessor . All insurance shall be at the sole
13 cost of Lessee. The policies shall cover for accident or damage
14 on or in the premises , sidewalks in front thereof, entrance-ways
15 and other areas in the control or use of the Lessee .
16 8. Lessee shall , at Lessee 's expense , obtain all necessary
17 permits and licenses for the construction of such improvements ,
18 give all necessary notices and pay all fees and taxes required by
19 law.
20 9. Notwithstanding any law now in force or hereafter
21 enacted , this Lease shall not terminate or be affected in any
22 manner , except as herein otherwise provided , by reason of the
23 damage to , or total or substantial or partial destruction of any
24 building currently or hereafter erected upon the leased premises ,
25 or by reason of the untenantability of the leased premises or any
26 part thereof .
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E 1
1 Should the whole or any part of said building at any time
2 be partially or totally destroyed by any cause during the term of
3 this Lease , such building may at Lessee 's option to be exercised
4 by written notice to Lessor within thirty (30) days after such
5 partial or total destruction , and at its own expense , be restored
6 or repaired by Lessee , or replaced by it , with a modern building
7 of equal or greater value and suitable to the same needs of
8 Lessee . In the event such option is so exercised , Lessee shall
9 so proceed and the proceeds of any fire or property damage
10 insurance shall be available to Lessee for use by Lessee in such
11 amount as may be necessary for the purpose of clearing , repairing
12 or removing damage or restoring or rebuilding the building , and
13 Lessee shall have the right and authority to adjust losses and
14 execute proofs of such losses in the name of Lessor , Lessee , or
15 both. In the event Lessee shall fail to exercise its option to
16 restore or repair or rebuild as herein provided , or to
17 communicate notice of such election in writing to Lessor , all
18 such insurance proceeds received on account of such destruction
19 or damage shall belong to and be delivered to Lessor . In such
20 event Lessor may terminate this Lease without further notice to
21 Lessee .
22 10 . At the expiration of this Lease , the Lessee agrees
23 that the Lessor shall have the right to enter into and upon the
24 land and premises , and repossess itself thereof , and that all
25 buildings , structures and improvements of whatever kind and
26 nature erected upon said land during the life of this Lease shall
27 revert to the Lessor and become its property in fee simple
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1 without process of law. Notwithstanding anything to the contrary
2 provided herein, Lessee shall have the right to remove from said
3 premises all personal property and equipment used by it during
4 the term of this Lease. At the end of the Lease term hereof or
5 any extension hereof , or upon any termination hereof, Lessee
6 agrees to vacate the premises and to leave same in good
7 condition , reasonable wear and tear excepted .
8 11 . In the event of the commencement , prosecution or
9 consummation during the term of this Lease of any condemnation
10 proceedings or proceedings in eminent domain covering , touching ,
11 or affecting all or any part of the leased property, the award
12 payable on account of such taking or condemnation shall be
13 payable to Lessor and Lessee in such proportions as the parties
14 may agree upon or as may be determined in any such condemnation
15 or eminent domain proceedings . In the event a part of the
16 premises are taken this Lease shall continue in force and effect
17 as to that part of the premises not taken.
18 12. Building , improvement and landscaping plans and
19 specifications , the location and size of buildings , structures
20 and improvements and the type of construction , style of
21 architecture , and materials to be used in such buildings ,
22 structures or improvements , shall be subject to the approval of
23 the Lessor as hereinabove set forth.
24 13 . Lessor reserves the right to grant such easements or
25 establish such rights of way over , under , along and across said
26 leased premises for utilities , thoroughfares or access as it may
27 deem advisable for the public good .
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1 14 . Except for reasonable janitorial and maintenance
2 costs , Lessee agrees to provide free use of available rooms and
3 other facilities on the premises to Lessor at such times and
4 under such conditions as Lessee and Lessor shall jointly
5 determine to be reasonable .
6 15. The Lessee covenants not to sublet the demised
7 premises or any part thereof , nor to grant any concession to be
8 operated on the demised premises , nor to assign , hypothecate ,
9 mortgage , make over or encumber this Lease, or the term of the
10 leasehold hereby created or any portion of the Lease of the
11 herein demised premises , without having first obtained the
12 written consent of the Lessor .
13 No person , persons , firm or corporation shall acquire , in
14 any manner , any right to this Lease , or the term hereby created ,
15 or to the premises herein demised by the Lease , through any act ,
16 or acts of the Lessee, without having first obtained the written
17 consent of the Lessor .
18 Lessee may rent or sublet space or rooms in the buildings
19 erected on the leased premises for recreational , cultural and
20 educational purposes to civic groups and organizations , providing
21 the schedules of rental rates for said room are approved by the
22 Administrative Officer of Lessor .
23 16 . The demised premises shall be used by Lessee without
24 discrimination as to race, color , creed , religion or nationality.
25 17 . In the event (a) that Lessee shall default in the
26 performance or fulfillment of any covenant or condition herein
27 contained on its part to be performed or fulfilled and shall fail
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I to cure such default within thirty (30) days following the
2 service on it of a written notice from Lessor specifying the
3 default or defaults complained of and the date on which its
4 rights hereunder will be terminated as hereinafter provided if
5 such default or defaults is or are not cured , or (b) that Lessee
6 shall file a voluntary petition in bankruptcy, or (c) that Lessee
7 shall be adjudicated a bankrupt , or (d) that Lessee shall make a
8 general assignment for the benefit of creditors then, and in
9 either or any of said events , Lessor may at its option , without
10 further notice or demand upon Lessee or upon any person or
11 persons claiming by, through or under Lessee , immediately cancel
12 and terminate this Lease and terminate each, every and all rights
13 of Lessee and of any and all persons claiming by, through or
14 under Lessee , in or to the leased premises and in or to the
15 further possession thereof , in which event the leased premises
16 shall immediately revert to the Lessor , together with any and all
17 improvements placed thereon and Lessor may thereupon enter into
18 and upon the leased premises and repossess the same and expel
19 Lessee and any and all persons claiming by, through or under
20 Lessee . The rights and remedies of Lessor , as hereinabove set
21 forth , are cumulative only and shall in no way be deemed to limit
22 any of the other provisions of this Lease or otherwise to deny to
23 Lessor any right or remedy at law or in equity which Lessor may
24 have or assert against Lessee under any law in effect at the date
25 hereof or which may hereafter be enacted or become effective , it
26 being the intent hereof that the rights and remedies of Lessor ,
27 as hereinabove set forth, shall supplement or be in addition to
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I or in aid of the other provisions of this Lease and of any right
2 or remedy at law or in equity which Lessor may have against said
3 Lessee.
4 18. Lessor reserves , and shall always have the right to
5 enter said premises for the purpose of viewing and ascertaining
6 the condition of the same and for the purpose of operating and
7 maintaining pipelines on said premises and for the purpose of
8 making repairs to or developing the water system of Lessor , or to
9 protect its interests in the premises or to inspect the
10 operations conducted on said premises . The Lessor hereby
11 reserves all rights , title and interest in any and all gas , oil ,
12 mineral and water upon -or beneath said leased premises . Lessor
13 shall have the right to enter upon said leased premises for the
14 purpose of drilling , operating and maintaining such installations
15 as are necessary or desirable for the development of said gas ,
16 oil , mineral and water rights . In the event that such entry or
17 inspection by Lessor discloses that said premises are not in a
18 safe or healthy condition , Lessor shall have the right , after ten
19 (10) days ' written notice to Lessee , to have any necessary
20 maintenance work done for and at the expense of Lessee , and
21 Lessee hereby agrees to pay promptly any and all costs incurred
22 by Lessor in having such necessary maintenance work done in order
23 to keep said premises in a safe or healthy condition. In the
24 event said costs are not paid by Lessee to Lessor within twenty
25 (20) days after the request therefor by Lessor , then said sums
26 shall bear interest at the rate of ten percent (10%) per annum.
27 The rights reserved in this section shall not create any
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1 obligations on Lessor or increase obligations elsewhere in this
2 Lease imposed on Lessor .
3 19. The voluntary or other surrender of this Lease by
4 Lessee , or a mutual cancellation thereof , shall not work a
5 merger , and shall , at the option of Lessor , terminate all or any
6 existing subleases or subtenancies , or may at the option of
7 Lessor , operate as an assignment to it of any or all such
8 subleases or subtenancies .
9 20. The waiver by Lessor of any breach of any term,
10 covenant or condition herein contained shall not be deemed to be
11 a waiver or such terms , covenant or condition or any subsequent
12 breach of the same or any other term, covenant or condition
13 herein contained . The subsequent acceptance of rent hereunder by
14 Lessor shall not be deemed to be a waiver of any preceding breach
15 by Lessee of any term, covenant or condition of this Lease , other
16 than the failure of Lessee to pay the particular rental so
17 accepted , regardless of Lessor 's knowledge of such preceding
18 breach at the time of acceptance of such rent , nor shall any
19 failure on the part of Lessor to require or exact full and
20 complete compliance with any of the covenants , conditions or
21 agreements of this Lease be construed as in any manner changing
22 the terms hereof , or estop Lessor from enforcing the full
23 provisions hereof , nor shall the terms of this Lease be changed
24 or altered in any manner whatsoever other than by written
25 agreement of the Lessor and Lessee .
26 21 . Any holding-over after the expiration of said term for
27 any cause shall be construed to be a tenancy from month-to-month ,
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I at any rental selected by lessor which has been in effect during
2 the term, and shall otherwise be on the terms and conditions
3 herein specified so far as applicable. Such holding-over shall
4 include any time employed by Lessee in removing fixtures .
5 22 . Lessor reserves the right to review the rules and
6 regulations promulgated by Lessee for the use of space or rooms
7 erected on the leased premises . If Lessor rejects such rules and
8 regulations Lessee agrees to submit new rules and regulations
9 that meet with Lessor 's approval .
10 23 . Lessor reserves the right to review all rates or
11 charges of whatever nature and for whatever purposes for use of
12 the building or equipment therein , imposed by Lessee . If Lessor
13 rejects such rates or charges as being excessive , Lessee agrees
14 to submit new rates or charges that meet with Lessor 's approval .
15 24 . All notices herein required shall be in writing and
16 delivered in person or sent by certified mail , postage prepaid ,
17 as follows:
18 City Administrator Young Womens ' Christian
City Hall Association
19 300 North "D" Street 567 Sierra Way
20 San Bernardino , CA 92418 San Bernardino , CA 92418
21 25 . If any section , subsection , paragraph , sentence ,
22 clause, phrase , or portion of this Lease is invalid or shall be
23 held to be invalid , such invalidity shall not affect the validity
24 of the balance or remainder .
25 26. The provisions of this Lease shall bind the assigns
26 and successors in interest of the parties hereto.
27
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1 27. Time is of the essence with respect to the performance
2 of the terms , provisions , covenants and conditions of this Lease.
3 IN WITNESS WHEREOF , Lessor and Lessee have executed this
4 Lease on the date first hereinabove written . , .
5 ATTEST: CITY OF SAN BERNARDINO
6
BY
Mayor
City Clerk
8
9
REDEVELOPMENT AGENCY OF THE CITY
10 OF SAN BERNARDINO
11 AGENCY GENERAL COUNSEL:
By
12 Chairman
13 Denni4. aZr low
1 4
15
16 YOUNG WOMEN'S CHRISTIAN ASSOCIATION
17 "Lessee"
18 By
19
20 Title
21 Approved as to form
22 and legal content:
23 /hyS
24 Cl_ Attorney
25
26
27
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