HomeMy WebLinkAbout23- City Clerk CITY OF SAN BERNARDINO POST OFFICE BOX 1318,SAN BERNARDINO,CALIFORNIA 92402
SHAUNA CLARK January 12 , 1988
CITY CLERK
Myrna Cogan
C/o Teddy Bear Tymes
157 W. Fifth Street
San Bernardino , CA 92401
Dear Ms . Cogan:
At the meeting of the Mayor and Common
Council held on January 4 , 1988 , the resolution
authorizing a lease with the Young Women ' s
Christian Association was continued to
February 1 , 1988 .
The Mayor and Common Council directed all
City departments to allow work on Lot 18 by
Teddy Bear Tymes , Inc . , to proceed to conclusion .
The City Attorney was directed to expedite the
processing and do all follow up on necessary
paperwork.
Sincerely ,
SHAUNA CLARK
City Clerk
SC : re
cc : City Attorney
City Administrator
Parks , Recreation & Community Services
Redevelopment Agency
Linda Savage - Chrm. Board of YWCA
300 NORTH "D"STREET,SAN BERNARDINO,CALIFORNIA 92418-0121
PHONE(714)384-5002/384-5102
loarb of OWcruisors BARBARA CRAM RIORDAN
Tount1l of #an Nernarbino SUPERVISOR THIRD DISTRICT
SYLVIA ROBLES
FIELD REPRESENTATIVE
MARIE TEETERS
" FIELD REPRESENTATIVE
ED O'NEAL
FIELD REPRESENTATIVE
January 15, 1988
Mayor Evlyn Wilcox and Common Council 7
City of San Bernardino ?•
City Hall r -'
300 North "D" Street -- `I
San Bernardino, CA 92418
Dear Mayor and Council, -a
My letter is to express my support for the San Bernar��;
dino Y.W.C.A. -and my desire to have your approval for
a long-term lease.
Many people privately have generously given to the "Y"
and its programs. Others like myself have helped to
support the "Y" through the agencies we represent. Our
investments were thought to be long-term at the "Y' s"
present site.
The "Y" has survived while the area surrounding the
building improved slowly. Now that the park has been
rebuilt and other buildings removed or improved, the
"Y" should be even more vital to the area.
Thank you for your consideration.
jSerely,
CRAM RIORDAN
Supervisor
Third District
BCR:be
%,ITY OF SAN BERNARDINO - MEMORANDUM
To MAYOR AND COMMON COUNCIL and _�'� -A Q I'll y Fr t NNI$.. -A,.,_IBARLOW
COMMUNITY DEVELOPMENT COMMISSION "`3't � t .tity Atty
Subject YWCA Facility ,; Date December 29 , 1987
Approved Date
Questions have arisen as to the current status of the YWCA
property located near the intersection of 6th Street and Sierra
Way. Attached is a map showing the six lots numbered 19 , 20 ,
21 , 22 , 23 , and 24 commonly known as the YWCA property cross-
hatched on the map. Directly west of the cross-hatched portion
the top four lots numbered 1 , 2 , 3 , and 4 represent the parking
lot area for the YWCA facility. We have been advised by the
title company that title for these six lots are shown as of
1981 as vested in the Redevelopment Agency. The proposed Teddy
Bear Tymes facility will be located on lot 18 as well as the
vacated alley - property owned by the State . The following is
a chronology of pertinent events affecting this project which
may be of benefit to the Commission and Council .
June 3 1974 - a memo from Warner W. Hodgdon , Agency Chairman ,
to Robert A. Covington , County Administrative Officer ,
confirming an earlier conversation regarding the
City/County/State/Federal Civic Center Complex . In pertinent
part , this letter provides as follows:
"The present YMCA/YWCA facilities which are
in excess of 50 years old are programmed to
be acquired through the Redevelopment Agency
and the YMCA/YWCA Capital Development Fund
has been established in order to build new
facilities within the Seccombe Lake Park
site . A fifty-year lease of this area has
been approved in principle by the City of
San Bernardino and the YMCA/YWCA Board of
Directors . . . . [Tlhe County Agricultural
Building which is immediately contiguous
to this property has been long viewed as a
workable facility for a city social-cultural
facility, further enhancing the Seccombe
Lake Park potentials ." (page 9)
July 2 , 1975 - letter from Warner W. Hodgdon , Agency Chairman ,
to Robert A. Covington , County Administrator , regarding interim
relocation of YWCA to the County Agricultural Building .
December 29 , 1987
Page Two
Apparently as noted in this letter and other documents the
relocation of the YWCA to the County Agricultural Building was
originally intended to be temporary with a permanent site to be
located elsewhere in Seccombe Lake Park . It seems that such a
move was abandoned but the record I have reviewed does not
disclose why.
July 10 , 1975 - RDA Resolution No . 3070 authorizing execution
of all documents regarding relocation of (1) county facilities ,
(2) YWCA facilities , and (3) Safeco Title Insurance .
August 4 , 1975 - lease between the County as Lessor and the
Agency as Lessee of 12 ,040 square feet of office space known as
566 Lugo Street (County Agricultural Building ) to be used by
the YWCA. The term of this lease was two years at a rental of
$2 ,000 per month . At the expiration of this lease term, it
then becomes a month-to-month; Agency to be responsible for
maintenance . This lease was executed by both parties .
October 23 , 1975 - Agency Resolution No . 3123 authorizes the
expenditure of funds for the rehabilitation of the County
Agricultural Building for the temporary occupancy of the YWCA.
November 17 , 1975 - proposed lease between the City as Lessor
and YWCA as Lessee for 50 years at $1 .00 per year with an
option to renew for an additional 50 years at a rental to be
agreed upon . YWCA was to construct a building on the property
within two years with a value of not less than 5850 ,000 . YWCA
was to pay all utility costs . At the expiration of the lease
all improvements become the property of the City. This lease
was executed by the City but not executed by YWCA.
January 12 , 1976 - amendment to August 4 , 1975 County/Agency
lease providing that County shall provide minor general daily
maintenance . Amendment executed by both parties .
April 9 , 1976 - letter from YWCA to City requesting a long-term
lease for the County Agricultural Building , and the three
northern lots (lots #22 , 23 , and 24 ) in order to construct an
enclosed swimming pool and provide necessary services to
members .
Mid-1976 (undated) - proposed amendment to August 4 , 1975
County/Agency lease to also include lots 22 , 23 , and 24 , to be
used for an enclosed swimming pool . This amendment does not
appear to be executed by either of the parties .
1976 (undated) - proposed sublease between the City as
sublessor , the County as lessor , and YWCA as sublessee in
anticipation of a lease between the County and the City. Term
December 29 , 1987
Page Three
was to be for 50 years at a rental of $1 .00 per year , with an
option to renew for an additional 50 years at a rental to be
agreed upon . The property to be leased was lots 19 , 20 , 21 ,
22 , 23 , and 24 . YWCA was to pay all utilities . At the
expiration of the lease , all improvements become the property
of the City. This sublease specifically cancelled the previous
1975 unexecuted lease between the City and YWCA. The copies I
have seen do not show this sublease executed by any of the
parties .
November 8 , 1976 - City/County/Agency Land Exchange Agreement
regarding exchange of numerous parcels of property, including
those in question here .
December 26 , 1976 - recordation of deed from YWCA to
Redevelopment Agency of YWCA property at 498 North Arrowhead
Avenue (currently Safeco Building ) for purchase price of
$282 ,000 . Conditions of purchase included the following:
1 . A 50-year lease at $1 .00 per year of the
new site .
2 . Interim heated pool .
3 . RDA to pay moving expenses .
4 . Utilities at the new site to be the
responsibility of the YWCA.
5 . RDA to repair specified deficiencies
in Agricultural Building .
May 1 , 1977 - sublease between City as sublessor , County as
lessor , and YWCA as sublessee , subject to ' ong-term lease being
obtained . Sublease covered only north thrr�e lots (22 , 23 , and
24) and is to be used for enclosed swimming pool . Term is for
36 months but is apparently automatically extended for 50 years
if City obtains a comparable 50-year lease from County. Rental
is for $1 .00 per year . YWCA has responsibility to maintain
premises in good repair and shall pay all utilities . At the
termination of the sublease , all improvements become property
of the City. This lease is executed by both parties . However ,
it appears to have expired .
May 1 , 1977 - lease between County as lessor and City as lessee
for the north three lots (lots 22 , 23 , and 24 ) for the
Deember 29 , 1987
Page Four
construction of an enclosed swimming pool . Term is for 36
months . Consideration for this lease was the County ' s right to
use the fire station at 3250 Harrison Street . This lease was
executed by both parties . It also appears to have expired by
its terms .
February 27 , 1979 - notice to YWCA by Agency General Counsel
William A. Flory, that YWCA had a past-due balance on utilities
owed to the Agency in the amount of $17 ,133 .01 . RDA has
advised us that the currently past due balance is $8 ,133 .00
plus $2 ,044 .28 interest .
April 25 , 1979 - notice of cancellation of County/Agency lease
(dated August 4 , 1975) to County from Agency General Counsel
William A. Flory, since County Agricultural Department had now
moved into its permanent offices .
February 27 , 1981 - deed from Redevelopment Agency to State for
the parking lot property.
September 19 , 1983 - Commission adopted Resolution No . 4512 to
install new roofing .
February 6 , 1984 - Commission adopted Resolution No . 4576 to
sell building to YWCA.
April 9 , 1984 - Commission adopted Resolution No . 4593 to
convey adjacent land to State of California . The land covered
by this action was the alley and Lugo Street adjacent to the
six lots .
May 9 , 1984 - by Resolution No . 84-176 City vacated Lugo Street
adjacent to the property in question .
October 20 , 1986 - Council adopted Resolution No . 86-442
approving sale of all six lots to YWCA.
October 20 , 1986 - Commission adopted Resolution No . 4942
authorizing execution of Disposition and Development Agreement
with YWCA.
February 9 , 1987 - Council , by motion , authorized Agency to
obtain building permits as owner/builder for rehabilitation and
waived fees otherwise required .
October 19 , 1987 - proposal to sell property to YWCA rejected .
From the above chronology, it seems apparent that there is
currently no valid lease between the City and the YWCA for the
YWCA property at Sixth and Sierra Way. This raises several
concerns which must be considered .
December 29 , 1987
Page Five
First , in relation to the various grants from various sources
to the YWCA for improvement of the property by the City , I
have received the following information from Ken Henderson , the
Director of Community Development :
"Fiscal Year Amount PurQose
1986/1987 $ 57 ,566 Rehabilitation of YWCA
facility for day care
facility.
1987/1988 $ 30 ,000 Rehabilitation -
installation of
electrical .
1987/1988 $ 3 ,000 Construction of Fence
1987/1988 $ 17 ,321* Purchase of equipment
for Teddy Bear Tymes
child care center .
*Grant to Teddy Bear Tymes .
'The County of San Bernardino has also granted from its General
Fund $100 ,000 to the YWCA for renovation of the facility in
preparation for the operation of a child care center by Teddy
Bear Tymes .
"The questions of whether or not CDBG funds would have to be
paid back to the City by the YWCA because no valid lease
existed is a local decision and would not necessarily impact
the City 's Community Development grant . However , if the
City/Redevelopment Agency chooses not to renew its lease with
the YWCA , I would recommend that a lease be entered into with
Teddy Bear Tymes , inasmuch as the child care center was the
reason the Mayor and Common Council approved the funding awards
noted above . In this way the public would still benefit from
the expenditure of CDBG funds and the City would not incur any
audit . "
It would seem clear that since it was assumed by all involved
that the City was the lessor of the property and the YWCA was
the lessee , that the fact there was not a validly executed
lease would not change the circumstances providing for these
monies . Certainly , had the parties been aware that the leases
were not validly executed , the grants would not have been made
until adequate leases were prepared . Still , there is no
apparent illegality at this point requiring return of any
monies .
December 29 , 1987
Page Six
Secondly, the status of the various monies invested in the
property by the YWCA. All of the proposed leases reviewed by
this office disclose that the properties at the expiration or
earlier termination of the leases would revert to City. It
would seem clear then , that the monies invested by the YWCA in
this project were for their temporary, albeit long-term use of
the properties . Generally, this was assumed to be the
remaining time of a 50-year lease , but it is clear that if the
lease terms were breached that earlier termination could occur .
It could be argued with some basis that if a new lease is not
executed that the City would hold these improvements in a type
of constructive trust for and in behalf of the YWCA. There is
also an argument to be made that the YWCA merely loses that
investment . I feel certain that a court would require some
return of investment to the YWCA based on a mutual mistake of
fact .
It is the recommendation of the City Attorney's office that the
YWCA and City negotiate a new lease covering all of the subject
property, including parking rights on the adjacent property in
order to clarify and memorialize the present relationship
between the parties .
DENNI�SA ARLOW
Sr . Asst . City Attorney
DAB:cm
Approved:
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City Attorney
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CIT v OF SAN BERNARDIK J - REQUE, t FOR COUNCIL AC'I _ JN
From: Annie F. Ramos, Director rO�D.-ADMM 'bt.�t: Approval of Resolution and Agreement
authorizing the use of additional land
Dept: Parks, Recreation and Communit1S< ryiq 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 YWCA for sublease to Teddy Bear Tymes.
Recommended motion:
Adopt Resolution.
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:
f)r OF SAN BERNARDIKJ - REQUE:. FOR COUNCIL ACT_ A
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
STArF 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
10
property located in the City of San Bernardino , described on the
11
diagram attached hereto , marked Exhibit "A" , and incorporated
12
herein by reference as fully as though set forth at length.
13
I HEREBY CERTIFY that the foregoing resolution was duly
14
adopted by the Mayor and Common Council of the City of San
15
Bernardino at a meeting thereof , held on
16
the day of 1987 , by the following
17
vote , to wit:
18
AYES : Council Members
19
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NAYS:
ABSENT:
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24 City Clerk
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11/24/87 1
Y.W.C.A. LEASE 4o-y
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:
6
7 f
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
10 1 . The Lessor owns jointly with the State of California
11 property known as Seccombe Lake Park in the City of San
12 Bernardino , State of California . Within Seccombe Lake Park , and
13 adjacent to land currently occupied by lessee , is property more
14 particularly described on the map attached hereto as Exhibit "A"
15 and made a part hereof as though set forth at this point .
16 2 . The property is currently improved with landscaping and
17 is used by the City as a public park .
18 3 . The Lessee desires to use the property for the purpose
19 of expanding the children 's playground . The Lessor understands
20 that it is Lessee 's intent that the playground facility be
21 operated by Teddy Bear Tymes Child Care Center .
22 4 . Lessor desires to lease the property in its present
23 condition with minimal responsibilities for its supervision and
24 maintenance with the understanding that the Lessee desires to
25 make improvements for the children 's playground .
26 For the reasons above stated , and in consideration of the
27 covenants contained herein , the parties agree as follows:
28
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 . Handicap ep d 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
28
3
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 .
27
28
4
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.
5
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 prei—ses zo 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
25
eminent domain proceedings for the taking or damaging of the
26
leased premises in whole or in part shall be paid to the Agency,
27
together with any other money which shall be or may be made
28
available for such purposes .
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 .
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
1
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
28
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1
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
20
Approved as to form
21 and legal content:
22
23 City Attorney
24 .
25
26
27
28
9