HomeMy WebLinkAbout15- Resolution I 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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For agreement with YWCA
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:
6 Z/2�1/ " J
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C 't Attorney
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1 L E A S E
2 (YWCA)
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THIS LEASE is made and entered into this day of
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1988 , by and between the CITY OF SAN
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BERNARDINO, a municipal corporation of the State of California,
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and the REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, a
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public agency, both as their interests shall appear , hereinafter
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both called "Lessor" , and the YOUNG WOMEN'S CHRISTIAN ASSOCIATION
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of San Bernardino , California , a corporation , hereinafter called
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"Lessee" .
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WITNESSETH:
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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;
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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
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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 .
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I (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
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1 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
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I 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 B. 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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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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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
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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
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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,
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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 .
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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 CITY OF SAN BERNARDINO
ATTEST:
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BY
7 Mayor
City Clerk
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REDEVELOPMENT AGENCY OF THE CITY
10 OF SAN BERNARDINO
11 AGENCY GENERAL COUNSEL:
12 n By Chairman
4 k&-,���, . 6'2-
13 Dennis A. ` arlow
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16 YOUNG WOMEN'S CHRISTIAN ASSOCIATION
"Lessee"
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18 By
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Title
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21 Approved as to form
22 and legal content:
23 Z,4
24 Attorney
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