HomeMy WebLinkAbout2005-222
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(AMENDED BY RESO 2010-396)
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RESOLUTION NO. 2005-222
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO 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.
WHEREAS, on May 13,1960, Resolution No. 5593 was adopted by the City of San
Bernardino, authorizing the execution of a Lease with the Young Men's Christian Association
of San Bernardino, California, a corporation, for a portion of city property located within Perris
Hill Park, located east of Valencia Avenue, north of 21 51 Street and more fully described in said
lease; and
WHEREAS, said Lease was for a term of fifty (50) years from and including the first
day of January, 1960, to and including the 3151 day of December, 2010; and
WHEREAS, on December 21, 2000, an agreement of merger was entered between the
Redlands Family YMCA, a California nonprofit public benefit corporation and the Young
Men's Christian Association of the San Bernardino Valley, a California nonprofit public benefit
corporation, establishing the new name of the surviving corporation of YMCA of the
East Valley; and
WHEREAS, the YMCA of the East Valley has requested to tern1inate said existing
lease under the Young Men's Christian Association of San Bernardino and enter into a new
Lease with the City of San Bernardino, recognizing the new surviving corporation name of
YMCA of the East Valley and establishing a new Lease term, to be located at the same location
as the existing lease.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A LEASE WITH YMCA OF
THE EAST VALLEY
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the Lease with the Young Men's Christian Association of San
Bernardino entered into agreement on May 16, 1960, for a portion of City property located at
808 East 21 5t Street, San Bernardino, CA, is hereby terminated.
SECTION 2. That the Mayor of the City of San Bernardino is hereby authorized and
directed to execute on behalf of said City a Lease with the YMCA of the East Valley, a
corporation, whereby the City of San Bernardino leases a certain parcel of real property, more
particularly described in said Lease, to said corporation for a term of 5 years for certain
purposes and upon certain terms and conditions set forth in said Lease, a copy of which is
attached hereto, marked Exhibit "A", and made a part hereof.
SECTION 3. That said Lease shall be null and void if either party shall fail to execute
said Lease within sixty (60) days from the date of the approval of this resolution.
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05/18/05
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A LEASE WITH YMCA OF
THE EAST VALLEY
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a i oint regular
meeting thereof
held on the 20 th day of
, 20~, by the following Yote, to wit:
June
Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA X
LONGVILLE X
MCGINNIS X
DERRY X
KELLEY X
JOHNSON X
MCCAMMACK X
yfMJdALtJl1ifldM1~!Afu.
City Clerk -U
The foregoing resolution is hereby approved this J1i-~ day of __ June , 20 ~_.
Approved as to form
and legal content:
H VALLES, Mayor
of San Bernardino
JAMES F. PENMAN
City Attorney
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2005-222
ORIGINAL
LEASE
This Lease Agreement entered into this ,).?)~ day of -rl d1JtJtJ by and
between the CITY OF SAN BERNARDINO, a municipal corporation, hereinafter referred to as
"Lessor", and the YMCA OF THE EAST V ALLEY, a California nonprofit public benefit
corporation, hereinafter referred to as "Lessee".
WITNESSETH
WHEREAS, Lessor has certain property located at 808 E. 21st Street, City of San
Bernardino, County of San Bernardino, State of California located in Perris Hill Park, and
described as follows:
All that portion of Lots 5 and 6, Block 40 of the Rancho San Bernardino,
as per plat recorded in Book 7 of Maps, Page 2, records of the County
Recorder of San Bernardino County, more particularly described as
follows:
Commencing at the intersection of the center line of 21" Street and the
centerline of San Gabriel Street; thence Easterly along the center line of
21" Street a distance of9 feet; thence Northerly and parallel to the
Northerly prolongation of the center line of San Gabriel Street a distance
of 44 feet to the true point of beginning; thence continuing Northerly
along a line 9 feet East of and parallel to the Northerly prolongation of
said line a distance of 450 feet; thence Easterly and parallel to the center
line of 21" Street a distance of 126 feet; thence in a Southeasterly
direction a distance of 470 feet, more or less, to a point on a line 44 feet
North of and parallel to the easterly prolongation, of the center line of
the 21" Street, said point being 272 feet East of San Gabriel Street;
thence Westerly and parallel to the Easterly prolongation of the center
feet to the true point of beginning.
And generally depicted on the plat attached as Exhibit" 1 ".
NOW, THEREFORE, the parties hereto agree as follows:
1. Premises:
Lessor does hereby lease to Lessee and Lessee does hereby lease from Lessor, a portion
of the facility located at 808 East 21 st Street, San Bernardino, CA.
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2005-222
2. Use:
The site may be used by Lessee solely and exclusively for recreational, cultural and
educational purposes for the benefit of the members of Lessee and the residents of the City of
San Bernardino, without discrimination as to race, color, creed or religion and for no other
purposes whatsoever.
3. Term:
The term of this Lease shall be five (5) years, commencing on the date both Lessor and
Lessee have executed said Lease ("commencement date"). Lessor and Lessee shall have the
right to extend the term of this Lease for one (1) additional term of five (5) years, by mutual
consent. Each renewal term shall be on the terms and conditions set forth herein. In the event
the Lessee decides not to extend this Lease, then Lessee shall notify the Lessor in writing of
Lessee's intention not to extend this Lease at least ninety (90) days prior to the expiration of the
first five (5) year term or any renewal term.
4. Payment:
In consideration for this lease, Lessee shall pay Lessor the sum of one dollar ($1.00) per
year for each and every year of the term of this Lease, payable on the 15th day of January,
commencing January 15, 2006, and thereafter on or before the 15th day of January of each and
every year of the term of this Lease.
Payments shall be directed to:
City of San Bernardino
Real Property Section
300 North "D" Street
San Bernardino, CA 92418
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2005-222
5. Use Restrictions:
Lessee shall use the facility as a YMCA and related uses and for no other purpose.
Lessee shall be open to the public a minimum of 220 days per year.
6. Maintenance and Inspections:
Lessee shall, at Lessee's own cost and expense, keep and maintain all improvements
hereinafter constructed on the Premises in good condition and repair, and shall use all reasonable
precaution to prevent waste, damage or injury to the Premises. The City shall, at any reasonable
time, have the right to go upon the Premises upon seventy-two (72) hour prior notice to Lessee,
and inspect and examine the same relative to such maintenance and upkeep. Such inspections
shall be conducted in the accompaniment of a YMCA employee or authorized representative.
Lessee shall be responsible for maintaining the facility in compliance with all City codes and
for keeping the facility in good repair for the duration of the lease. Compliance with said
codes shall be determined by the appropriate City officers and employees. Lessee shall make
no improvements to the facility without City's approval. All signage shall be subject to City
approval.
7. Utilities:
Lessee shall have the right to install utilities, at the Lessee's expense, and to improve
the present utilities on or near the Premises, subject to the City's approval. Lessee shall pay for
all electricity, gas, water, telephone service, and all other services and utilities, including
service installation fees and charges for such utilities used by Lessee during the term of this
Agreement.
8. Liability Insurance:
Lessee agrees to procure and maintain in force during the term of this Agreement and any
extension, at its own expense, the following insurance in companies approved by the City,
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2005-222
adequate to protect against liability for damage claims arising in or around the leased premises;
(I) Commercial General Liability with limits of five million dollars ($5,000,000.00) per
occurrence, (2) Automobile Liability with a combined single limit of one million dollars
($1,000,000.00) per accident, and (3) Worker's Compensation Insurance as required by law and
Employers' Liability with limits of one million dollars ($1,000,000.00) per occurrence. Lessee
shall provide to the City, a certificate of insurance and an additional insured endorsement which
provides:
(a) On the Commercial General Liability policy that the City of San Bernardino is named as an
additional insured for the acts or omissions of Lessee. (b) The certificates will include the
insurance company name, policy number, period of coverage, and the amount of insurance. (c)
That the Real Property Section of the City of San Bernardino must be given notice in writing at
least thirty (30) days prior to cancellation, material change, or refusal to renew the policy.
Copies of said policies shall be mailed or delivered to the Development Services
DepartmentJReal Property Section upon commencement date.
9. Indemnification:
Except to the extent of the negligence or willful misconduct of The City or its agents,
boards, officers, employees, representatives or contractors, Lessee shall defend, indenmify, and
hold harmless the City, its agents, boards, officers, employees, representatives, or contractors
against any and all claims, suits, damages for personal injury, including death, property damage,
demands, loss or liability of any kind or nature arising from the City's approval of this
Agreement or from Lessee's operations under this Agreement.
10. Taxes/Possessory Interest:
(a) Lessee recognizes and understands that this Agreement may create a possessory
interest subject to property taxation, and that the Lessee may be subject to the payment of
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2005-222
property taxes levied on such interest. Lessee agrees to, and shall hold harmless, the City from
any and all liability for any such taxes due by virtue of the leased facilities.
(b) The City warrants that it has full right, power and authority to execute this
Agreement. The City further warrants that Lessee shall have quiet enjoyment of the Premises
during the term of this Agreement or any renewal thereof.
11. Compliance With Laws:
Lessee shall not violate any applicable law of the City, State or Federal governments in
conducting its operations under this Agreement.
12. No Sublease or Assignment:
Lessee shall not sublet the premises, or any part thereof, or assign this Agreement,
without The City's prior written consent, which consent shall not be unreasonably withheld.
Notwithstanding the foregoing, Lessee may assign or sublet this Agreement to any subsidiaries,
corporate affiliate or successor legal entities of Lessee, or any purchaser of all, or substantially
all, of Lessee's stock or assets; provided, however, within thirty (30) days of such assignment or
sublet, Lessee shall provide written notification to the City stating the name, address, contact
person and any other pertinent information regarding said corporate affiliate or purchaser. Said
written notification shall be sent to the City at the address specified in Section 19 - Notices.
13. Relocation:
The City shall, in good faith, use its best efforts to fully accommodate and allow the
continuing use of the facility or suitable facility. In the event the City determines that the facility
is needed for (a) the construction, completion, repair, relocation or maintenance of a City project;
or (b) protection and preservation of public health and safety, the City shall provide Lessee with
written notice to relocate that Site. Within six (6) months of receipt of a notice from City, or
within such shorter period of time determined by the City if reasonably necessary, the City may
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2005-222
require Lessee, at its sole cost and expense, to relocate and/or remove the Facilities and repair
and restore the public right-of-way and utilities. If the facility is damaged or destroyed, the City
shall use its best efforts to locate a suitable substitute site for Lessee to relocate its Facilities or to
place temporary facilities. The suitability of any substitute site shall be subject to Lessee's prior
written consent, which consent shall not be unreasonably withheld.
14. Default:
Either party shall have the right to terminate this Agreement, and upon the effective date
of such termination, the City shall have the right of immediate occupancy of the Premises in the
event the other party violates any of this Agreement's terms or conditions, and such violation is
not corrected within thirty (30) days after written notice is sent by the non-breaching party. Such
termination shall not relieve either party from liability for damages for breach of this Agreement
or for injury to the Premises.
15. Environmental:
The City represents that the Premises have not been used for the generation, storage,
treatment or disposal of hazardous substances, hazardous materials or hazardous wastes. In
addition, The City represents that no hazardous materials, hazardous substances, hazardous
wastes, pollutants, asbestos, polychlorinated biphenyls (PCBs), petroleum or other fuels
(including crude oil or any fraction or derivative thereof) or underground storage tanks are
located on or near the Premises. Notwithstanding any other provision of this Agreement, Lessee
relies upon the representations stated herein as material inducement for entering into this
Agreement. Lessee shall not bring any hazardous materials onto the Premises except for those
contained in its back-up power batteries (lead-acid batteries) and common materials used in
telecommunications operations, e.g., cleaning solvents. Lessee shall treat all hazardous materials
brought onto Premises by it in accordance with all federal, state and local laws and regulations.
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16. Amendment:
This Agreement may be amended or modified only by written agreement signed by both
parties. Failure on the part of either party to enforce any provision of this Agreement shall not
be construed as a waiver of the right to compel enforcement of such provision or provisions. If
any provision of this Agreement is invalid or unenforceable with respect to any party, the
remainder of this Agreement or the application of such provision to persons other than those as
to whom it is held invalid or unenforceable, shall not be affected and each provision of this
Agreement shall be valid and enforceable to the fullest extent permitted by law.
17. Termination:
This Agreement may be terminated by mutual consent of the Lessor and Lessee within a
thirty (30) day written notification by either party.
18. Miscellaneous:
(a) This Agreement shall be binding on and inure to the benefit of the successors and
permitted assignees of the respective parties.
(b) This Agreement shall be governed under the laws of the State of California.
(c) The prevailing party in any legal action to enforce any provision of this
Agreement shall be entitled to recover from the losing party all attorneys' fees and court costs,
including appeals if any, in connection with that action. The costs, salary, and expenses of the
City Attorney and members of his office in connection with that action, shall be considered as
attorney's fees for the purpose of this Agreement.
(d) This Agreement constitutes the entire Agreement and understanding between the
parties and supersedes all offers, negotiations and other agreements concerning the subj ect
matter contained herein. There are no representations or understandings of any kind not set forth
herein. Any amendments to this Agreement must be in writing and executed by both parties.
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2005-222
19. Notices:
All notices given in connection with this Agreement shall be in writing and
delivered in person or sent by overnight carrier or certified mail, postage prepaid, addressed as
follows:
THE CITY
City of San Bernardino
Development Services/Real Property
300 North "D" Street
San Bernardino, CA 92418
20. Covenants:
YMCA OF THE EAST V ALLEY
YMCA of the East Valley
16 E. Olive Avenue
Redlands, CA 92373
There are no covenants or warranties other than those expressed in this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year
set forth at the beginning of this Agreement.
ATTEST:
K~ ClAAR
~~~:~~ilinQJ/ ~p~
Approved as to form
And legal content
JAMES F. PENMAN,
City Attorney
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YMCA OF THE EAST V ALLEY,
a Californi corporation
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By:
B~~11
. 2005-222
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