HomeMy WebLinkAbout06- Parks, Recreation and Community Services CIT': OF SAN BERNARDIP'O - REQUE'T FOR COUNCIL ACTON
From: Annie F. Ramos, Director �D.-�1�M1 'bt: Approval of Resolution and Agreement
authorizing the use of additional land
Dept: Parks, Recreation and Community, -§ ry,iQffP in Seccombe Lake State Urban Recreation
Area by the YWCA to expand the children's
Date: November 20, 1987 play lot for Teddy Bear Tymes.
Synopsis of Previous Council action:
October 19, 1987 - Parks, Recreation and Community Services Department was directed
to contact State of California and prepare an agreement for use of
the parkland by Y14CA for sublease to Teddy Bear Tymes.
Recommended motion:
Adopt Resolution.
I ea4��
Signature
Annie F. Ramos 5030
Contact person: Phone:
Supporting data attached:
Staff Report Resolutuon & Agreement Ward: one (1)
& letter from State of California
FUNDING REQUIREMENTS: Amount: Source:
Finance:
Council Notes:
75.0262 Agenda Item No.— _
CIT ,a OF SAN BERNARDIK J — REQUE` f FOR COUNCIL ACI M
Approval of Resolution and Agreement STAFF REPORT
authorizing the use of additional land
in Seccombe Lake State Urban Recreation
Area by the YWCA to expand the children's
play lot for Teddy Bear Tymes .
It is requested that a resolution and agreement be approved authorizing the use of a portion
of Seccombe Lake Park property by the YWCA for expansion of their playground area. The
YWCA has an agreement with Teddy Bear Tymes Child Care Center, Inc. to permit them to
operate a child care service on the YWCA premises. In order for them to serve the number
of children they have planned for, the playground area must be enlarged. Therefore, the
City has agreed with the consent of the Director of State Department of Parks and Recrea-
tion to permit the expansion of the playground area on a 30' x 156' portion of property
adjacent to the YWCA.
The use of this small portion of property adjacent to the YWCA, as proposed, will in no
way detract from the express recreational uses and appearance of the park. To the con-
trary, it will enhance the appearance of the area and provide an area for potential
joint use by the Teddy Bear Tymes during their program hours and general public use during
other hours .
Following are conditions for the use of the additional park space that have been agreed
to between the City and the parties involved and which are included in the agreement:
YWCA/Teddy Bear Tymes Technical Committee agreed to:
1 . Provide engineering drawings and specifications detailing the proposed playground
modifications for approval by the Parks, Recreation and Community Services Department
Director prior to any work being accomplished on the expanded area.
2. Relocate all park irrigation lines with all mainlines and control wires in the expanded
playground area to be sleeved when crossing the area. Automatic valves will be re-
located outside the fenced expanded area. The lateral and sprinkler heads will be
relocated outside of the expanded playground area to give full coverage to landscaping.
3. Design and construct a double wrought iron gate with wheel chair accessibility at the
driveway entrance to the park adjacent to the parking lot and YWCA entrance.
4. Provide a pedestrian gate to the playground area.
5. Provide a hold harmless and indemnification agreement to the City and State.
6. Provide insurance coverage on the expanded playground area with both the City and
State named as additional insureds.
Use of parklands is subject to completion of all legal agreements that may be required.
All legal aspects of this arrangement are subject to review and approval by City Attorney.
YWCA is to maintain the grounds and fencing in a manner commensurate with the standards
set forth for the surrounding park areas as prescribed by the City of San Bernardino.
November 20, 1987
STAFF REPORT
Page 2
City reserves the right to access the property to perform maintenance on underground utilities
and irrigation water lines as necessary.
The term of this agreement shall cover the period December 1, 1987 through June 30, 1994,
and coincides with the time period in the agreement between the YWCA and Teddy Bear .
Tymes, Inc.
The Operating Agreement for Seccombe Lake State Urban Recreation Area provides for the
City to allow such uses as requested in this agreement with the written consent of the State.
Attached hereto is a copy of the letter from the Director of State Parks and Recreation
giving their approval .
November 20, 1987
1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A LEASE WITH THE YOUNG WOMEN'S CHRISTIAN
3 ASSOCIATION, SAN BERNARDINO, CALIFORNIA, CONCERNING A CERTAIN
PARCEL OF REAL PROPERTY LOCATED IN THE CITY OF SAN BERNARDINO.
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
5 OF SAN BERNARDINO AS FOLLOWS:
6 SECTION 1 . The Mayor of the City of San Bernardino is
7 hereby authorized and directed to execute on behalf of said City
8 a Lease with the Young Women 's Christian Association of San
9 Bernardino , California , concerning a portion of a parcel of real
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property located in the City of San Bernardino , described on the
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diagram attached hereto , marked Exhibit "A" , and incorporated
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herein by reference as fully as though set forth at length.
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I HEREBY CERTIFY that the foregoing resolution was duly
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adopted by the Mayor and Common Council of the City of San
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Bernardino at a meeting thereof , held on
16 the day of 1987 , by the following
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vote , to wit:
18 AYES : Council Members
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NAYS: ----- - - -
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ABSENT:
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24 City Clerk
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11/24/87 1
Y.W.C.A. LEASE
Page 2
1 The foregoing resolution is hereby approved this day
2 of 1987 .
3
4 Mayor of the City of San Bernardino
5 Approved as to form
and legal content:
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City Attorney
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11/24/87 2
1 L E A S E
2 THIS LEASE is made and entered into this day of
3 , 1987 , between the City of San
4 Bernardino , a municipal corporation , hereinafter referred to as
5 "LESSOR" and the Young Women ' s Christian Association of
6 California , a California corporation , hereinafter referred to as
7
"LESSEE" .
8
R E C I T A L S
9
1 . The Lessor owns jointly with the State of California
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property known as Seccombe Lake Park in the City of San
11 Bernardino , State of California. Within Seccombe Lake Park , and
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adjacent to land currently occupied by lessee , is property more
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particularly described on the map attached hereto as Exhibit "A"
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and made a part hereof as though set forth at this point .
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2 . The property is currently improved with landscaping and
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is used by the City as a public park .
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3 . The Lessee desires to use the property for the purpose
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of expanding the children 's playground . The Lessor understands
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that it is Lessee ' s intent that the playground facility be
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21 operated by Teddy Bear Tymes Child Care Center .
4 . Lessor desires to lease the property in its present
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condition with minimal responsibilities for its supervision and
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maintenance with the understanding that the Lessee desires to
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25 make improvements for the children 's playground .
For the reasons above stated , and in consideration of the
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27 covenants contained herein , the parties agree as follows:
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1
1 1. Term. The lease shall commence on December 1 , 1987 ,
2 and expire on June 30 , 1994 , at which time the Lessee will
3 surrender the property with all improvements thereon including
4 any and all improvements constructed by the Lessee .
5 2 . Payments . Lessee agrees to pay and Lessor agrees to
6 accept as rental for said premises , for the entire term hereof , a
7 yearly rental of One Dollar ( $1 .00) . The said rental payment
8 shall be paid on or before the first day of business each year to
9 the City of San Bernardino , attention Finance Department , at the
10 address hereinafter set forth .
11 3 . Drawings and Specifications . The Lessee agrees to
12 provide engineering drawings and specifications detailing the
13 proposed playground modification to the Parks , Recreation and
14 Community Services Department Director (hereinafter "Director" )
15 for the purpose of insuring that any such modifications are
16 consistent with the aesthetics of the park in which they are
17 located .
18 4 . Relocation of Utilities . The Lessee agrees to relocate
19 all park irrigation lines with all main lines and control wires
20 in the expanded playground area to be sleeved when crossing the
21 area . Automatic valves will be relocated outside the fenced
22 expanded area . The lateral and sprinkler heads will be relocated
23 outside of the expanded playground area to give full coverage to
24 landscaping .
25 5 . Handicapped Accessibility. The Lessee agrees to design
26 and construct a double wrought iron gate with wheel chair
27 accessibility at the driveway entrance to the park adjacent to
28 the parking lot and the YWCA entrance .
1 6 . Pedestrian Gate . The Lessee agrees to provide a
2 pedestrian gate to the playground area .
3 7 . Indemnification . Lessee shall hold the Lessor , the
4 State of California , and the elective and appointive boards ,
5 commissions , officers , agents and employees of each, harmless
6 from any liability for damage or claims for damage for personal
7 injury, including death as well as from claims for property
8 damage which may arise from Lessee 's operations under this lease ,
9 whether such operations are by the Lessee or by any one or more
10 persons directly or indirectly employed by or acting as agent for
11 Lessee . Lessee agrees to and shall defend Lessor , the State of
12 California and the elective and appointive boards , commissions ,
13 officers , agents and employees of each from any suits or actions
14 at law or equity for damages caused , or alleged to have been
15 caused , by reason of any other aforesaid operations .
16 8. Insurance . Lessee agrees to procure and maintain in
17 force during the term of this Lease and any extension thereof , at
18 its expense , public liability insurance in companies having a
19 rating by Best 's Insurance Guide of "A" (General Policyholder )
20 and "AA" (Financial) ratings or better , adequate to protect
21 against liability for damage claims through public use of or
22 arising out of accidents occurring in or around the leased
23 premises , in a minimum amount of $3 ,000 ,000 for each person
24 injured , $6 ,000 ,000 for any one accident , $50 ,000 for property
25 damage . Such insurance policies shall provide coverage for
26 Lessor 's contingent liability on such claims of losses , and
27 Lessor shall be named an additional insured . The policies or
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I certificates of insurance shall be delivered to Lessor , attention
2 Real Property Section , for keeping . Lessee agrees that , if such
3 insurance policies are not kept in force during the term of this
4 Lease and any extension thereof , Lessor may have the option to
5 immediately declare this Lease in default , and to terminate said
6 Lease .
7 9 . State Approval . No construction in the expanded area
8 is to begin until approval is given , in writing , by the City
9 Council of Lessor and the State of California .
10 10 . Maintenance . The Lessee is to maintain the grounds
11 and fencing in the manner commensurate with the standard set
12 forth for ' the surrounding park areas as prescribed by the City of
13 San Bernardino . Compliance with this standard shall be
14 determined by Director in his or her discretion .
15 The Lessee is familiar with the leased premises and has
16 knowledge of the present conditions that exist thereon . Lessee
17 shall , at its own expense , maintain the leased premises and all
18 improvements thereon in good order , condition , and repair .
19 Lessee shall provide or cause to be provided all security
20 service , custodial service , janitorial service and gardening
21 service , which is required for the proper care and use of the
22 premises .
23 (a) Licenses . Lessee shall post in a prominent
24 place and manner in the demised premises all business licenses ,
25 certificates , a copy of this Lease , and all permits that are
26 required to do Lessee 's business in the City of San Bernardino .
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1 (b) Vendors . Lessee shall not permit vendors to
2 display wares , materials , or advertisements inside or outside the
3 demised premises unless prior written permission is secured from
4 Lessor and such written permission is posted in a prominent place
5 and manner in the premises .
6 11 . Improvements . Lessee shall not make , or suffer to be
7 made , any alterations to the leased premises , or any part
8 thereof , without the prior written consent of Lessor and the
9 State of California . Any and all alterations and/or improvements
10 made to the leased premises pursuant to this section shall , upon
11 termination of this Lease , remain as a part of the premises and
12 at no cost or obligation to the Lessor .
13 12 . Duty to Make Alterations , Additions , or Changes
14 Required by Law. If , during the term of this lease , any law,
15 regulation , or rule requires that an alteration , addition , or
16 other change be made to the leased premises , the parties agree
17 as follows :
18 (a) If the alterations , additions , or changes are
19 required as a result of Lessee 's use of the premises , Lessee will
20 make them and bear all expense connected therewith .
21 (b) If the alterations , additions , or changes are
22 required as a result of the condition or nature of the premises
23 at the time of execution of this Lease , and are not caused by use
24 of the premises by Lessee , Lessor will make them and bear all
25 expense connected therewith.
26 13 . Reservation of Access . The Lessor reserves the right
27 of access to the property to perform maintenance on underground
28 utilities and irrigation water lines as necessary.
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1 14 . Inspections . Lessor , its agents , officers , or
2 employees may enter upon the demised premises at such reasonable
3 times during Lessor 's normal business hours as it deems necessary
4 for the purpose of inspection of the premises to determine
5 whether the terms and conditions of this Lease are being
6 performed and kept by Lessee .
7 15 . Taxes/Possessory Interest . Lessee covenants during
8 the term of this Lease to pay, when due , all taxes and
9 assessments that may be assessed or imposed upon the Lessee 's
10 possessory interest in and to the premises and upon personal
11 property located on the leased premises . During Lessee 's
12 possession and use of the leased premises , should any taxes
13 thereon be assessed against Lessor , Lessee agrees to indemnify
14 Lessor thereon .
15 16 . Eminent Domain . If the whole of the leased premises ,
16 or so much thereof as to render the remainder unusable for the
17 purposes for which the same was leased , shall be taken under the
18 power of eminent domain , then this Lease shall terminate as of
19 the date possession shall be taken . If less than the whole of
20 the leased premises shall be taken under the power of eminent
21 domain , and the remainder is usable for the leased purposes , then
22 this Lease shall continue in full force and effect and shall not
23 be terminated by virtue of such taking and the parties may waive
24 the benefit of any law to the contrary. Any award made in
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eminent domain proceedings for the taking or damaging of the
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leased premises in whole or in part shall be paid to the Agency,
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together with any other money which shall be or may be made
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available for such purposes .
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1 17 . Assignments . The Lessee shall not assign this Lease
2 without obtaining the prior written consent of the Lessor .
3 18. Non-Discrimination . The parties hereby covenant that
4 there shall be no discrimination against or segregation of any
5 person or group of persons , on account of race , color , creed ,
6 national origin , or ancestry, in the leasing , subleasing ,
7 transferring , use , occupancy, tenure , or enjoyment of the
8 premises herein leased , nor shall any party hereto , or any person
9 claiming under or through it , establish or permit any such
10 practice or practices of discrimination or segregation with
11 reference to the selection , location , number , use , or occupancy
12 of tenants , lessees , sublessees , subtenants , or vendees in the
13 premises herein leased .
14 19 . Validity. If any one or more of the terms ,
15 provisions , promises , covenants , or conditions of this Lease
16 shall to any extent be adjudged invalid , unenforceable , void or
17 voidable , for any reason whatsoever , by a court of competent
18 jurisdiction , each and all of the remaining terms , provisions ,
19 promises , covenants , and conditions of this Lease shall not be
20 affected thereby and shall be valid and enforceable to the
21 fullest extent permitted by law.
22 20 . Subordination . The terms of this Lease Agreement are
23 subordinate to those of the master lease between the City of San
24 Bernardino and the YWCA , the Disposition & Development Agreement
25 between the YWCA and the Redevelopment Agency of the City of San
26 Bernardino , and all agreements between the City of San Bernardino
27 in the State of California relating to the development of the
28 Urban Park .
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1 21 . Termination . Failure of Lessee to perform any
2 covenant or condition of this Lease may be treated by lessor as a
3 forfeiture and Lessor may terminate this lease upon any failure
4 of Lessee to perform any of the obligations established herein .
5 For any such termination for cause , Lessor may immediately take
6 possession of property and all improvements .
7 Lessor may otherwise terminate this Lease , with or without
8 cause , upon ninety (90) days ' advance written notice to Lessee .
9 22 . Fixtures , Buildings and Improvements . All fixtures ,
10 buildings , structures , and improvements installed by the Lessee
11 on the demised premises shall become the property of the Lessor
12 upon the termination of this Lease by expiration of the term, or
13 otherwise .
14 23 . Effective Lessor ' s Waiver . The Lessor 's waiver of a
15 breach of one term, covenant or condition of this Lease , is not a
16 waiver or breach of others , nor a subsequent breach of the one
17 waived , nor does such act release any surety from its obligations
18 under this Lease .
19 24 . Amendment . This lease may be amended or modified only
20 by written agreement signed by both parties .
21 25 . Notices . All notices herein required shall be sent in
22 writing and delivered in person or sent by certified mail ,
23 postage prepaid , addressed as follows :
24 City of San Bernardino Parks , Recreation &
300 North "D" Street Community Services Dept .
25 San Bernardino , CA 92418 547 N. Sierra Way
San Bernardino , CA 92401
26
Young Women 's Christian Association
27 567 North Sierra Way
San Bernardino , California 92401
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2 26 . Entire Agreement . This Agreement and any documents or
3 instrument attached hereto or referred to herein integrate all
4 terms and conditions mentioned herein or incidental hereto , and
5 supersede all negotiations and prior writing in respect to the
6 subject matter hereof . In the event of conflict between the
7 terms , conditions or provisions of this Agreement , and any such
8 document or instrument , the terms and conditions of this
9 Agreement shall prevail .
10 IN WITNESS WHEREOF , the Lessor and Lessee have executed
11 this lease on the date first hereinabove written .
12 CITY OF SAN BERNARDINO
("LESSOR" )
13 ATTEST:
14 By
Mayor
15 City Clerk
16 YOUNG WOMEN'S CHRISTIAN ASSN.
("LESSEE" )
17
18 By
19 Title
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Approved as to form
21 and legal content:
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23 City Attorney
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