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HomeMy WebLinkAbout51- Young Womens Chrsitian Asso. a 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LEASE WITH THE CITY OF SAN BERNARDINO, THE 3 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, AND THE YOUNG WOMEN'S CHRISTIAN ASSOCIATION OF SAN BERNARDINO, RELATING TO 4 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 20 21 NAYS: 22 ABSENT: — 23 24 City Clerk 25 26 27 28 For agreement with TCA 1 The foregoing resolution is hereby approved this 2 day of 1988- 3 4 Mayor of the City of San Bernardino 5 Approved as to form and legal content: 6 7 ' C' Attorney 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 L E A S E 2 (YWCA) 3 THIS LEASE is made and entered into this day of 4 , 1988 , by and between the CITY OF SAN 5 BERNARDINO , a municipal corporation of the State of California , 6 and the REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, a 7 public agency, both as their interests shall appear , hereinafter 8 both called "Lessor" , and the YOUNG WOMEN'S CHRISTIAN ASSOCIATION 9 of San Bernardino , California , a corporation , hereinafter called 10 "Lessee" . 11 WITNESSETH: 12 1 . Lessor for and in consideration of the rental payments 13 to be made , and the covenants and agreements to be kept and 14 performed , by and on the part of Lessee as hereinafter set forth 15 and contained , does hereby lease to Lessee for the term and uses 16 17 and purposes hereinafter stated , those parcels of land described on Exhibit "A" attached hereto and incorporated herein . 18 2. This Lease is , and shall be , for the term and period of 19 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 1 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 I 2 1 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 1 (h) That Lessee will not commit or suffer or permit any 2 waste of the leased premises , or any building or buildings placed 3 on the leased premises by Lessee . 4 (i ) That Lessee will at all times maintain the leased 5 premises and any such building or buildings in a neat and orderly 6 condition . 7 (j ) That Lessee will at all times keep the leased premises 8 free and clear of mechanic 's liens that might arise out of making 9 any repairs or improvements on said premises by Lessee . 10 (k ) That Lessee will pay all real and personal property 11 taxes of any character or description including both those on the 12 possessory and reversionary interests , assessed by any taxing 13 authority on the leased premises at any time during the term of 14 the Lease; and 15 (1 ) That Lessee will be responsible for and pay any and 16 all costs of the management , maintenance , and repair of the 17 leased premises including any improvements placed thereon and for 18 all utilities used in the operation , use or occupancy of said 19 premises . 20 6 . Said YWCA building and improvements currently upon the 21 said premises or to be erected in the future shall be used for 22 recreational , cultural and educational activities for the benefit 23 of YWCA members and the residents of the City of San Bernardino . 24 All buildings and improvements which now exist or may during the 25 term of the Lease be erected on the leased premises by Lessee 26 shall immediately become part of the leased property and may not 27 be removed therefrom. Lessee covenants and agrees that it will 28 4 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 each occurrence $ 50 ,000 28 i 5 I 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 . 27 28 6 I 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 28 7 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 . 28 8 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 28 9 1 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 28 10 1 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 i 28 11 I 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 , 28 12 1 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 San Bernardino , CA 92418 San Bernardino , CA 92418 20 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 28 13 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 CITY OF SAN BERNARDINO ATTEST: 6 BY 7 Mayor City Clerk 8 9 REDEVELOPMENT AGENCY OF THE CITY 10 OF SAN BERNARDINO 11 AGENCY GENERAL COUNSEL: By 12 n ;; Chairman 13 Dennis A. arlow 14 15 16 YOUNG WOMEN'S CHRISTIAN ASSOCIATION "Lessee" 17 18 By 19 Title 20 21 Approved as to form 22 and legal content: 23 x/,, AL ( ; 24 C' t Attorney 25 26 27 28 14