HomeMy WebLinkAbout05.C- Execute Lease with YMCA of East Valley for a portion of Perris Hill Park 5.0
RESOLUTION (ID # 4323) DOC ID: 4323 C
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Lease
From: Bill Manis M/CC Meeting Date: 03/21/2016
Prepared by: Lesa Nichols, (909) 384-
5233
Dept: City Manager Ward(s): 2
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing
the City Manager to Execute a Lease with YMCA of the East Valley for a Portion of
Perris Hill Park. (#4323)
Current Business Registration Certificate: Not Applicable
Financial Impact:
The City receives $1.00 per year in lease revenue.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
5/13/1960 - Resolution No. 5593 was adopted authorizing the execution of a lease with
the Young Men's Christian Association (YMCA) of San Bernardino.
1/16/1961 - Resolution No. 5813 was adopted authorizing the execution of a first
amendment to the lease with the Young Men's Christian Association
(YMCA) of San Bernardino.
2/28/1966 - Resolution No. 8054 was adopted authorizing the execution of a second
amendment to the lease with the Young Men's Christian Association of
San Bernardino.
6/20/2005 - Resolution No. 2005-222 was adopted authorizing the execution of a lease
with YMCA of the East Valley, a corporation, concerning a parcel of real
property located in the City of San Bernardino. (AMENDED BY RESO
2010-396).
12/20/2010 - Resolution No. 2010-396 was adopted authorizing the first amendment to
the lease agreement with the YMCA of the East Valley originally
authorized by Resolution No. 2005-222.
2/7/2011 - Resolution No. 2011-24 was adopted authorizing the execution of a second
amendment to the lease agreement with the YMCA of the East Valley to
extend the term of the lease for one additional five year term on City
owned property generally located at Perris Hill Park.
Background:
Updated: 3/17/2016 by Georgeann "Gigi" Hanna C Packet Pg. 41
5.G
4323
The YMCA of East Valley is an association of people of all ages, ethnic groups and
affiliations founded on Christian principles and dedicated to building strong kids, strong
families and strong communities through programs that develop spirit, mind and body.
Since May 13, 1960 the City has partnered with the YMCA of San Bernardino to provide
a variety of recreational, cultural, and educational programs to San Bernardino residents
at the facility located at Perris Hill Park (800 East 21St Street, San Bernardino, CA
92404) .
With over 17,000 members, this collaboration with the YMCA has been instrumental in
maintaining a high level of quality programming despite the effects of the great
recession in 2009 and the City filing for bankruptcy in 2012.
The lease between the City and the YMCA is scheduled to expire. Both parties wish to
continue this partnership and enter into a new 10-year lease. The new lease will begin
on March 1, 2016 and run through March 1, 2026, and have with a five-year option to
extend this relationship at before the March 1, 2026, expiration date of the lease.
The lease rate is one dollar ($1.00) per year. In return the YMCA is responsible for
maintaining the facility and providing the programming of the facility.
Recommendation:
For the Mayor and Common Council's consideration, it is recommended that the 10-
year lease agreement between the City of San Bernardino and the YMCA of East Valley
be approved to continue to provide essential recreational, cultural and educational
opportunities for San Bernardino residents at the Perris Hill Park location.
City Attorney Review:
Supporting Documents:
Reso - YMCA Lease (DOC)
agrm. 4323 (PDF)
EXHIBIT A (DOCX)
Updated: 3/17/2016 by Georgeann "Gigi" Hanna C Packet Pg.42
5.C.a
1 RESOLUTION NO.
2
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
3 BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE
4 WITH YMCA OF THE EAST VALLEY FOR A PORTION OF PERRIS HILL PARK.
5
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
6 SAN BERNARDINO AS FOLLOWS:
7
SECTION 1. The City Manager of the City of San Bernardino is hereby authorized and
8
9 directed to execute the lease agreement with the YMCA attached hereto as Exhibit "A" and
lo incorporated herein by this reference as though set forth at length.
J
11 SECTION 2. This authorization shall expire and be null and void if the lease agreement
12 ?
is not executed by all parties within sixty(60) days. N
13 M
14 ni
ca
m
" J
15 a
U
16
17 th
m
W
18
c
m
19 E
t
ca
20 Q
21
22
23
24
25
26
27
28
1
Packet Pg. 43
5.C.a
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
rrn BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE
2 WITH YMCA OF THE EAST VALLEY FOR A PORTION OF PERRIS HILL PARK.
3
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a meeting thereof, held on the
6
day of , 2016, by the following vote, to wit:
7
Council Members: AYES NAYS ABSTAIN ABSENT
8
9 MARQUEZ
a�
10 BARRIOS a
J
11 Q
VALDIVIA v
12
SHORETT N
13
14 NICKEL N
a�
15 RICHARD Q
U
16 MULVIHILL
17 N
d
18 Georgeann Hanna, City Clerk
a,
19 E
The foregoing Resolution is hereby approved this day of 52016.
a
20 Q
21
22 R. Carey Davis, Mayor
City of San Bernardino
23 Approved as to form:
Gary D. Saenz, City Attorney
24
25 By.
26
27
28
2
Packet Pg.44
5.C.b
LEASE AGREEMENT
CITY OF SAN BERNARDINO and YMCA OF THE EAST VALLEY
CITY: CITY OF SAN BERNARDINO
300 North"D" Street
San Bernardino, CA 92418
LESSEE: YMCA OF THE EAST VALLEY
500 E. Citrus Ave.
Redlands CA 92373
a�
Cz
a�
J
ADDRESS: San Bernardino Family YMCA v
808 E. 21s' St.
San Bernardino CA 92404 ;
N
M
d'
M
TERM OF LEASE: 10 years with 5 year option to extend
E
L
COMMENCEMENT: March 1, 2016
E
a
LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND YMCA FOR YMCA SAN
BERNARDINO FACILITY
Page 1 of 16
Packet Pg.45
5.C.b
1. PARTIES.
This Lease AGREEMENT (the "AGREEMENT") is entered into this day of ,
2016,BY AND BETWEEN
the City of San Bernardino, a Charter City organized under the laws of the State of
California, with an address of 300 N. "D" Street, San Bernardino, California (the
"CITY");
AND,
YMCA OF THE EAST VALLEY, a California nonprofit public benefit corporation, (the
"LESSEE") (individually CITY or LESSEE may be referred to as a "PARTY" and y
collectively CITY and LESSEE may be referred to as the"PARTIES") a
Q
U
WHO AGREE AS FOLLOWS:
M
2. PREMISES LEASED.
M
CITY owns certain real property with Assessor's Parcel Numbers 0147-031-16 and 0147-031-12
located at 808 East 21St Street in the City of San Bernardino, County of San Bernardino, State of
California ("FACILITY"). CITY leases to LESSEE and LESSEE leases from CITY a portion of
the FACILITY as depicted on the map attached as Exhibit"A" ("PREMISES").
at
E
3. TERM. a
r
r
a
The AGREEMENT's initial term ("INITIAL TERM") shall commence on
March 1, 2016 ("COMMENCEMENT DATE") and end on March 1, 2026
("ENDING DATE").
4. RENT.
4.1 LESSEE shall pay to CITY the following rental payments in advance on the first
day of March of each year, commencing on COMMENCEMENT DATE, and
continuing yearly through the INITIAL TERM:
Annual Payment of$1.00.
LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND YMCA FOR YMCA SAN
BERNARDINO FACILITY
Page 2of16
Packet Pg.46
5.C.b
4.2 Rent for any year shall be paid in full. CITY shall accept all rent and other
payments from LESSEE under this AGREEMENT via electronic funds transfer
directly deposited into the CITY's designated checking or other bank account.
CITY shall provide to LESSEE all directions, information, and forms necessary to
process EFT payments.
5. OPTION TO EXTEND TERM.
CITY gives to LESSEE the option to extend the term of the LEASE for an additional five (5)
years on the same provisions and conditions, including rent, following expiration of the INITIAL
TERM, by LESSEE giving notice of its intention to exercise the option to CITY prior to the
expiration of the preceding term or during any holding over pursuant to SECTION 7, HOLDING
OVER.
a�
UJ
6. RETURN OF PREMISES.
Q
U
The LESSEE agrees that it will, upon termination of this AGREEMENT, return the PREMISES
in as good condition and repair as the PREMISES now are or shall hereafter be put; reasonable
wear and tear excepted.
M
7. HOLDING OVER. M
E
L
In the event the LESSEE shall hold over and continue to occupy the PREMISES with the
consent of the CITY, whose consent shall only be given in writing and in the sole discretion of
CITY, the tenancy shall be deemed to be a tenancy from month-to-month upon the same terms E
and conditions, including rent, as existed and prevailed at the time of the expiration of the term y
of this AGREEMENT. a
S. TAXES.
CITY shall pay all real property taxes, and general and special assessments levied and assessed
against the PREMISES.
9. USE.
LESSEE shall occupy and use the PREMISES during the term hereof exclusively for
recreational, cultural, and educational activities of the YMCA of the East Valley/San Bernardino.
LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND YMCA FOR YMCA SAN
BERNARDINO FACILITY
Page 3 of 16
Packet Pg. 47
5.C.b
10. HEALTH, SAFETY,AND FIRE CODE REQUIREMENTS.
LESSEE shall, at its sole expense, ensure that the PREMISES meets the applicable requirements
of all Health, Safety, Fire and Building Codes, statutes, regulations and ordinances for public and
governmental buildings including any requirements for a notice of completion, certificate of
occupancy, or California Title 24 requirements and ensure that the PREMISES meets the
applicable requirements of the Americans with Disabilities Act ("ADA").
11. SIGNS.
LESSEE will display from windows and/or marquee of the PREMISES only such sign or signs
as are not prohibited by law.
a�
12. MAINTENANCE.
J
Q
U
12.1 LESSEE shall, at its sole expense, perform such inspections, maintenance and
repairs are necessary to ensure that all portions of the PREMISES, including but
not limited to the following, are at all times in good repair and safe condition:
M
121.1 The structural parts of the building and other improvements that are apart
of the PREMISES, which structural parts include the foundations, bearing
and exterior walls (including glass and doors), subflooring, and roof, and,
aD
12.1.2 The electrical, plumbing, and sewage systems, including, excepting those .�E
portions of the systems owned or controlled by CITY lying outside the a
r
PREMISES; and, Q
12.1.3 Window frames, gutters, and downspouts on the building and other
improvements that are a part of the PREMISES; and,
12.1.4 Heating, ventilation and air conditioning (HVAC) systems servicing the
PREMISES including changing heating and air-conditioning filters every
four(4) months; and,
12.1.5 The grounds, including all parking areas and outside lighting, grass, trees,
shrubbery and other flora; and,
LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND YMCA FOR YMCA SAN
BERNARDINO FACILITY
Page 4 of 16
Packet Pg. 48
12.1.6 Janitorial services, including keep the interior of the PREMISES in a clean
and orderly condition, reasonable wear and tear excluded, and undertake
minor maintenance of the interior PREMISES such as unstoppage of
toilets and changing of light bulbs and servicing of the fire extinguishers
or any other fire suppression equipment attached to the facility.
12.2 LESSEE shall at regular intervals,but no less than monthly, conduct an inspection
of the PREMISES to determine if any maintenance or repair is necessary. If
LESSEE discovers a condition requiring maintenance or repair, LESSEE shall use
its best efforts to diligently commence the performance of its maintenance or
repair obligations within a reasonable time.
13. ALTERATIONS.
Upon thirty (30) days' notice to the CITY and with the CITY's consent, which shall be given in y
writing at the sole discretion of CITY, LESSEE may place modular units to serve as office and
classroom space, or modify existing building structures on the PREMISES, but solely at expense
U
of LESSEE. Any and all permit acquisition and installation of utility lines are the sole
responsibility of the LESSEE. Upon termination of this AGREEMENT, LESSEE shall remove
said modules at its own expense and leave the PREMISES in the same condition it was at the
time such modules were placed there, unless the PARTIES mutually agree to maintain the
modules on the PREMISES. M
E
L
14. FIXTURES.
Y
c
a�
LESSEE shall have the right during the term(s) of this AGREEMENT to install shelving and E
fixtures, and make interior, non-structural improvements or alterations on the PREMISES. Such
shelving, fixtures, improvements, and alterations shall remain property of the LESSEE and may Q
be removed by the LESSEE during the term(s) of this AGREEMENT or within a reasonable
time thereafter, provided that the LESSEE restores the PREMISES to the condition as it existed
at the commencement of this AGREEMENT, reasonable wear and tear excluded, or the LESSEE
may elect, with CITY's written consent to be given at CITY's sole discretion, to surrender all or
any part of such shelving, fixture, improvements and alterations, to the CITY, in which case
LESSEE shall have no duty to restore the PREMISES.
15. UTILITIES.
LESSEE shall furnish to the PREMISES and LESSEE shall pay all service charges and related
taxes for electric, gas, water, sewer, trash, fire alarm service and all other utilities including
security, telephone, cable, and internet services.
LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND YMCA FOR YMCA SAN
BERNARDINO FACILITY
Page 5of16
Packet Pg. 49
16. HOLD HARMLESS.
LESSEE agrees to and shall indemnify and hold the CITY, its elected officials, employees,
agents, or representatives, free and harmless from all claims, actions, damages and liabilities of
any kind and nature arising from bodily injury, including death, or property damage, based or
asserted upon any actual or alleged act or omission of LESSEE, its employees, agents, or
subcontractors, arising, relating to, or in any way connected with the performance under this
AGREEMENT, unless the bodily injury or property damage was actually caused by the sole
negligence of the CITY, its elected officials, employees, agents or representatives. As part of the
foregoing indemnity, LESSEE agrees to protect and defend at its own expense, including
attorney's fees, the CITY, its elected officials, employees, agents or representatives from any and
all legal actions based upon such actual or alleged acts or omissions. LESSEE hereby waives
any and all rights to any types of express or implied indemnity against the CITY, its elected
officials, employees, agents or representatives, with respect to third party claims against the
LESSEE relating to or in any way connected with the accomplislunent of the work or N
performance of services under this AGREEMENT.
a
U
17. INSURANCE.
M
17.1 CITY is a self-insured public entity for the purposes of professional liability,
V
general liability, and workers' compensation. ,
a...- N
M
17.2 LESSEE shall obtain and maintain during the life of this AGREEMENT all of the
following insurance coverage:
c
d
17.2.1 Comprehensive general liability, including premises-operations, E
products/completed operations, broad form property damage, blanket Y
contractual liability, personal injury with a policy limit of not less than 1
One Million Dollars ($1,000,000.00), combined singles limits, per
occurrence and aggregate.
17.2.2 Automobile liability for owned vehicles, hired, and non-owned vehicles,
with a policy limit of not less than One Million Dollars ($1,000,000.00),
combined single limits,per occurrence and aggregate.
17.2.3 Worker's compensation insurance as required by the State of California.
17.3 The comprehensive general liability insurance policy shall contain or be endorsed
to contain the following provisions:
,ROW LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND YMCA FOR YMCA SAN
BERNARDINO FACILITY
Page 6 of 16
Packet Pg.50
5.C.b
17.3.1 Additional insureds: "The City of San Bernardino and its elected and
appointed boards, officers, agents, and employees are additional insureds
with respect to this subject project and contract with City."
17.3.2 Notice: "Said policy shall not terminate, nor shall it be cancelled, nor the
coverage reduced, until thirty (30) days after written notice is given to
City."
17.3.3 Other insurance: "Any other insurance maintained by the City of San
Bernardino shall be excess and not contributing with the insurance
provided by this policy."
17.4 LESSEE shall provide to CITY certificates of insurance showing the insurance
coverages and required endorsements described above, in a form and content
approved by CITY,prior to performing any services under this AGREEMENT. y
a�
J
17.5 Nothing in this Section shall be construed as limiting in any way, the v
indemnification provision contained within this AGREEMENT, or the extent to
which LESSEE may be held responsible for payments of damages to persons or
N
property. M
M
N
18. DESTRUCTION OF PREMISES.
E
L
18.1 During the term(s) of this AGREEMENT, if any casualty renders a portion of the
PREMISES unusable for the purpose intended, then LESSEE shall, at LESSEE's
sole expense, restore the PREMISES and repair any damages caused by such E
casualty as soon as reasonable possible and this AGREEMENT shall continue in
full force and effect unless such casualty was caused by Flood or Earthquake. Q
18.2 In the event there is a destruction of a portion of the PREMISES as set out in
Subsection 18.1 above, there shall be an abatement or reduction in the rent
between the date of the destruction and the date of completion of the restoration
or the date of the termination of the AGREEMENT, whichever comes first.
18.3 In the event the LESSEE is required to restore PREMISES as provided in
Subsection 18.1 above, LESSEE shall not be required to restore any structure or
exterior improvements or alterations made to the PREMISES by LESSEE
pursuant to Section 13, Alterations above or any shelving, fixtures, or interior
nonstructural improvements or alterations made by LESSEE pursuant to Section
14, Fixtures above.
LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARD.INO AND YMCA FOR YMCA SAN
BERNARDINO FACILITY
Page 7 of 16
Packet Pg.,51
5.C.b
18.4 It is the purpose and intent of Subsections 18.1 through 18.4, inclusive, to
determine what PARTY shall bear the initial responsibility for restoration of the
PREMISES in the event of any such destruction and not to determine the PARTY
ultimately responsible for the costs of such restoration.
19. DEFAULT.
Except where another time limit is specifically provided, either PARTY shall be in default of this
AGREEMENT if the PARTY fails or refuses to perform any material provisions of this
AGREEMENT and such failure or refusal to perform is not cured within thirty (30) days
following the PARTY's receipt of written notice of default from the other PARTY. If the default
cannot be reasonably cured within thirty (30) days, the PARTY shall not be in default of this
AGREEMENT if the PARTY commences to cure the default within the thirty (30) day period
and diligently and in good faith continues to cure the default. N
d
20. REMEDIES ON DEFAULT. Q
U
Either PARTY, at any time after the other PARTY is in default, can terminate this
AGREEMENT immediately upon written notice to the other PARTY.
M
N
21. LESSEE'S DEFAULT.
E
L
In addition to Section 19 above, the occurrence of any one or more of the following events shall
constitute an immediate default and breach of this AGREEMENT by LESSEE:
E
21.1 The vacating or abandonment of the PREMISES by LESSEE.
a
21.2 The failure of LESSEE to pay of rent.
21.3 It is not the purpose of this section to extend the notice requirements of the
unlawful detainer statutes in California.
22. CITY'S REMEDIES ON LESSEE'S DEFAULT.
It is not the purpose of this section to extend the notice requirements of the unlawful detainer
statutes in California. The remedies contained herein are in addition to, and not in lieu of, any
other remedies available to CITY under relevant state law. In the event of any default by
LESSEE, which is not cured by LESSEE, CITY may, at its election, terminate this
AGREEMENT immediately.
LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND YMCA FOR YMCA SAN
BERNARDINO FACILITY
Page 8 of 16
Packet Pg. 52
5.C.b
23. CITY'S ACCESS TO PREMISES.
CITY and its authorized representatives shall have the right to enter the PREMISES at all
reasonable times for any of the following conditions:
23.1 To determine whether the PREMISES are in good condition; and,
23.2 To do any necessary maintenance and to make any restoration to the PREMISES
that CITY has the right or obligation to perform; and,
23.3 To serve, post, or keep posted any notices required by law; and,
23.4 To post "for sale" signs at any time turning the term, to post "for rent" or "for
lease" signs during the last three (3)months of the term; and, N
d
J
23.5 To show the PREMISES to prospective brokers, agents, buyers, tenants, lenders v
or persons interested in an exchange,at any time during the term; and,
M
23.6 For any other lawful purpose.
M
CITY shall conduct its activities on the PREMISES as allowed in this section in a manner that
will reduce possible inconvenience, annoyance, or disturbance to LESSEE.
L
CU
24. NOTICES. c
a�
E
Any notices, documents, correspondence, or other communication concerning this o
AGREEMENT or the services provided hereunder may be provided by personal delivery or U.S. Q
Mail. If personally delivered the notice shall be deemed delivered at the time of the personal
delivery. If sent by U.S. Mail the notice shall be deemed delivered forty-eight (48) hours after
deposit in the U.S. Mail as reflected by the official U.S. postmark.
TO THE CITY: TO THE LESSEE:
City of San Bernardino YMCA OF THE EAST VALLEY
Office of the City Manager
300 N. "D" Street 500 E. Citrus Ave.
San Bernardino, CA 92418 Redlands, CA 92373
LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND YMCA FOR YMCA SAN
BERNARDINO FACILITY
Page 9 of 16
Packet Pg. 53
5.C.b
Either PARTY may change the address for delivery of notices by sending notice of the change to
the other PARTY in conformity with this Section.
25. ASSIGNMENT.
LESSEE shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or
any part of the LESSEE's interest in this AGREEMENT without CITY's prior written consent.
Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute
a breach of this AGREEMENT and cause for the termination of this AGREEMENT. Regardless
of CITY's consent,no subletting or assignment shall release LESSEE of LESSEE's obligation to
perform all other obligations to be performed by LESSEE hereunder for the term of this
AGREEMENT.
26. ENTIRE AGREEMENT.
a�
N
This AGREEMENT constitutes the entire agreement and the understanding between the
a�
PARTIES,and supersedes any prior agreements and understandings relating to the subject matter v
of this AGREEMENT.
M
27. REMEDIES; WAIVER. M
M
All remedies available to either PARTY for one or more breaches by the other PARTY are and
shall be deemed cumulative and may be exercised separately or concurrently without waiver of
any other remedies.
The delay or failure of either PARTY to require performance or compliance of the other of any
of its obligations under this AGREEMENT shall in no way be deemed a waiver of those rights to E
require such performance or compliance. No waiver of any provision of this AGREEMENT shall
be effective unless made in writing and signed by a duly authorized representative of the PARTY a
against whom it is sought. The waiver of any right or remedy with respect to any occurrence or
event shall not be deemed a waiver of such right or remedy with respect to any future
occurrences or events and shall not be deemed a continuing waiver.
28. AMENDMENT.
No amendment to this AGREEMENT will be effective unless it is in writing and signed by both
PARTIES.
LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND YMCA FOR YMCA SAN
BERNARDINO FACILITY
Page 10 of 16
Packet Pg. 54
5.C.b
29. SUCCESSORS AND ASSIGNS.
This AGREEMENT shall be binding on and inure to the benefit of the PARTIES to this
AGREEMENT and their respective heirs, representatives, successors, and assigns.
30. SEVERABILITY.
If any provision of this AGREEMENT is determined by a court of competent jurisdiction to be
invalid or unenforceable for any reason, such determination shall not affect the validity or
enforceability of the remaining terms and provisions hereof or of the offending provision in any
other circumstance, and the remaining provisions of this AGREEMENT shall remain in full
force and effect.
31. TIME OF ESSENCE.
N
Time is of the essence of each provision of this AGREEMENT which specifies a time within J
which performance is to occur. In the absence of any specific time for performance, performance v
may be made within a reasonable time.
M
32. QUIET ENJOYMENT. M
M
Subject to the provisions of this AGREEMENT and conditioned upon performance of all the
provisions to be performed by LESSEE hereunder, CITY shall secure to LESSEE during the
AGREEMENT term the quiet and peaceful possession of the PREMISES and all rights and
privileges appertaining thereto. c
a�
E
r
33. PROVISIONS ARE COVENANTS AND CONDITIONS.
cc
a
All provisions, whether covenants or conditions, on the part of either PARTY shall be deemed
both covenants and conditions.
34. CONSENT.
Whenever consent or approval of either PARTY is required that PARTY shall not unreasonably
withhold, condition, or delay such consent or approval, unless the provision providing for such
consent or approval specifically provides such consent or approval may be given in the
PARTY's discretion.
LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND YMCA FOR YMCA SAN
BERNARDINO FACILITY
Page 11 of 16
Packet Pg. 55
5.C.b
35. EXHIBITS.
..► All exhibits referred to are attached to this AGREEMENT and incorporated by reference.
36. LAW.
This AGREEMENT shall be governed and construed under the laws of the State of California
without giving effect to that body of laws pertaining to conflict of laws.
37. VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this
AGREEMENT shall be tried and litigated either in the Superior Court of the State of California
for the County of San Bernardino. The aforementioned choice of venue is intended by the parties
to be mandatory and not permissive in nature. N
a�
J
38. ATTORNEY'S FEES AND COSTS. <
In the event that litigation is brought by any PARTY in connection with this AGREEMENT, the
M
prevailing party shall be entitled to recover from the opposing party all costs and expenses,
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its M
rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions
hereof. The costs, salary and expenses of the City Attorney and members of his/her office in
enforcing this AGREEMENT on behalf of the CITY shall be considered as "attorneys' fees" for
the purposes of this section.
a�
E
41. RIGHT TO TERMINATE.
a
This AGREEMENT may be terminated at any time by one hundred eighty (180) days written
notice by either PARTY for any reason.
42. HEADINGS.
The subject headings of the sections of this AGREEMENT are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its
provisions.
LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND YMCA FOR YMCA SAN
BERNARDINO FACILITY
Page 12 of 16
Packet Pg.56
5.C.b
43. SURVIVAL.
The obligations of the PARTIES that, by their nature, continue beyond the term of the
AGREEMENT, will survive the termination of the AGREEMENT.
44. ESTOPPEL CERTIFICATE.
Each PARTY within thirty (30) days after notice from the other PARTY shall execute and
deliver to the other PARTY, in recordable form, a certificate stating that this AGREEMENT is
unmodified and in full force and effect, or in full force and effect as modified, and stating the
modifications. The certificate also shall state the date to which the rent has been paid in advance,
the amount of any security deposit or prepaid rent, and that there are no uncured defaults or
specifying in reasonable detail the nature of any uncured default claimed. Failure to deliver this
certificate within thirty (30) days shall be conclusive upon the PARTY requesting the certificate
any successor to the PARTY requesting the certificate, that this AGREEMENT is in full force y
and effect and has not been modified except as may be represented by the PARTY requesting the J
certificate, and that there are no uncured defaults on the part of the PARTY requesting the
certificate.
M
45. PUBLIC RECORDS DISCLOSURE. M
�r
M
All information received by CITY concerning this AGREEMENT, including the AGREEMENT
itself, may be treated as public information subject to disclosure under the provisions of the
L
California Public Records Act, Government Code Section 6250 et seq. (the "Public Records
Act"). The PARTIES understand that although all materials received in connection with this
AGREEMENT are intended for the exclusive use of the PARTIES, they are potentially subject E
to disclosure under the provisions of the Public Records Act.
Q
46. CONDITION OF PREMISES.
The CITY makes no warranty as to the condition of the PREMISES on COMMENCEMENT
DATE or the PREMISES' suitability for a particular use. LESSEE agrees that it has not relied
upon any representation by CITY as to the condition of the PREMISES or the PREMISES'
suitability for a particular use when determining whether to enter into this AGREEMENT.
47. CONDEMNATION.
If any legally, constituted authority condemns the PREMISES or such part thereof which shall
make the PREMISES unsuitable for leasing, this AGREEMENT shall cease when the public
authority takes possession, and CITY and LESSEE shall account for rental as of that date. Such
LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND YMCA FOR YMCA SAN
BERNARDINO FACILITY
Page 13 of 16
Packet Pg. 57
.. termination shall be without prejudice to the rights of either PARTY to recover compensation
from the condemning authority for any loss or damage caused by the condemnation. Neither
PARTY shall have any rights in or to any award made to the other by the condemning authority.
48. MATERIAL REPRESENTATION.
If during the course of the administration of this AGREEMENT, a PARTY determines that the
other PARTY has made a material misstatement or misrepresentation or that materially
inaccurate information has been provided to the PARTY, this AGREEMENT may be
immediately terminated. If this AGREEMENT is terminated according to this section, the
terminating PARTY is entitled to pursue any available legal remedies.
49. INTERPRETATIONS.
The PARTIES have participated jointly in the negotiation and drafting of this AGREEMENT. In N
the event an ambiguity or question of intent or interpretation arises with respect to this J
AGREEMENT, this AGREEMENT shall be construed as if drafted jointly by the PARTIES and
in accordance with its fair meaning. There shall be no presumption or burden of proof favoring
or disfavoring any Party by virtue of authorship of any of the provisions of this AGREEMENT.
M
N
M
d'
54. COUNTERPARTS. M
N
M
This AGREEMENT may be executed in counterparts, each of which shall be deemed to be an
original, but all of which, taken together, shall constitute one and the same agreement. In the
event that any signature is delivered by facsimile transmission or by e-mail delivery of a ".pdf'
format data file, such signature shall create a valid and binding obligation of the PARTY E
executing (or on whose behalf such signature is execute) with the same force and effect as if
such facsimile or".pdf' signature page were an original thereof. Q
51. CORPORATE AUTHORITY.
Each person executing this AGREEMENT on behalf of the PARTIES hereto warrant that they
are duly authorized to execute this AGREEMENT on behalf of said PARTIES and that by doing
so, the PARTIES hereto are formally bound to the provisions of this AGREEMENT.
52. ORDER OF PRECEDENCE.
In the event of any inconsistency or conflict in this AGREEMENT and any of the attached
Exhibits or Attachments, the terms set forth in this AGREEMENT shall prevail.
LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARD.INO AND YMCA FOR YMCA SAN
BERNARDINO FACILITY
Page 14 of 16
Packet Pg. 58
5.C.b;;-
53. FORCE MAJEURE.
A PARTY shall not be liable for any failure or delay in the performance of this AGREEMENT
for the period that such failure or delay is due to causes beyond its reasonable control, including
but not limited to acts of God, war, strikes or labor disputes, embargoes, governmental orders or
any other force majeure event.
54. COMPLIANCE WITH LAW.
LESSEE agrees to abide by all federal, state, and local laws, ordinances and regulations.
55. NON-DISCRIMINATION.
In the performance of this AGREEMENT, use of the PREMISES, and in the hiring and
recruitment of employees, LESSEE shall not engage in, nor permit its officers, employees or y
agents to engage in, discrimination in employment of persons because of their race, religion, J
color, national origin, ancestry, age, mental or physical disability, medical condition, marital v
status, sexual gender or sexual orientation, or any other status protected by law.
M
56. REGULATORY AUTHORITY.
M
LESSEE acknowledges and agrees that CITY, acting not as landlord but in its governmental
regulatory capacity,has certain governmental regulatory authority over the PREMISES and
nothing in this AGREEMENT binds the CITY to exercise its discretionary governmental
authority in any particular manner. LESSEE, in the use and operation of the PREMISES, shall at
all times comply with all applicable laws in the performance of this AGREEMENT and agrees E
that"all applicable laws" as used herein includes any legal requirement imposed by CITY acting
not as landlord but in its capacity as a governmental regulatory body. LESSEE agrees that all
costs in complying with applicable laws are the sole responsibility of LESSEE.
[Signature Page Follows]
LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND YMCA FOR YMCA SAN
BERNARDINO FACILITY
Page 15 of 16
Packet Pg. 59
5.C.b
LEASE AGREEMENT
CITY OF SAN BERNARDINO and YMCA of the East Valley
CITY OF SAN BERNARDINO: LESSEE:
Mark Scott, City Manager
Its: Chief Executive Officer
DATE: DATE:
a�
�a
a�
APPROVED AS TO FORM:
GARY D. SAENZ, City Attorney
M
N
M
By: M
N
M
L
.F+
E
V
R
r.+
Q
LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND YMCA FOR YMCA SAN
BERNARDINO FACILITY
Page 16 of 16
Packet Pg. 60
5.C.c
s
EXHIBIT A
V
¢ s.e
a 54, Co
rq z,
M
N
/�,� M
1 Q
i Co
EE
a
X
W
C
0)
E
L
v
.r
a
i
s
Packet Pg. 61