CITY OF
Item No
STAFF REPORT
DATE: .Tune 22, 2026
TO: Honorable Mayor and City Council
FROM: Dr. Sean M. Moore, City Manager
_/
PREPARED BY: Fermin Preciado, Director of Development Services/City Engineer Grant Malinowski, Fire Chief
SUBJECT: Facility Sub -Lease Agreement — Oak Glen Fire Station Facility RECOMMENDATION:
That the City Council:
7 1. Approve and authorize the City Manager to execute the Facility Lease ,Agreement with the Historical Society and Museum for the California Department of Forestry and Fire Protection for the lease of the Oak glen Fire Station facility located at 11877 Oak Glen Road; or
2. Provide further direction to staff.
BACKGROUND/DISCUSSION:
On December 13, 2022, the City entered into a Fire Protection Services Agreement with the San Bernardino County Fire Protection District (SBCFPD) with an expiration date of June 30, 2038.
Through this agreement, the City of Yucaipa's Fire Department provides first alarm fire protection and advanced life support (ALS) paramedic services in the County unincorporated area of Oak Glen.
This agreement also includes a provision for the City to lease the real property located at 11877 Oak Glen Road (Oak Glen Fire Station Facility) from SBCFPD.
The Historical Society and Museum for the California Department of Forestry and Fire Protection (CDF Fire Museum) is currently occupying facility and office space at a State-owned facility in San Bernardino and is being displaced due to the State's need to expand their operation at that facility. The CDF Fire Museum is seeking another facility to occupy, and the Oak Glen Fire Station Facility has the space available to accommodate them. In addition, the close relationship between the CDF Fire Museum and the California Department of Forestry and Fire Protection (CAL FIRE) makes this location an ideal fit.
The CDF Fire Museum has indicated this is a temporary solution as they search for a permanent home for their operation.
06/22/2026 City Council Agenda 106
FISCAL IMPACT:
The recommendation does not result in a fiscal impact.
Attachments):
1. Facility Sub -Lease Agrccment
06/22/2026 City Council Agenda 107
ATTACHMENT 1
06/22/2026 City Council Agenda 108
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TOt
City Clerk
City of Yucaipa
34272 Yucaipa Boulevard
Yucaipa, CA 92399
EXEMPT
SPACE ABOVE FOR RECORDERS USE ONLY
FACILITY LEASE AGREEMENT
11877 Oak Glen Rd Yucaipa Boulevard
This lease agreement ("Lease") is made and entered into this 22'4 day of June 2026 (the "Lease") by and between the CITY OF YUCAIPA, a municipal corporation ("Landlord" or "City") and the HISTORICAL SOCIETY AND MUSEUM FOR THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION ("CDF FIRE MUSEUM" or "CFM"). The parties to this Lease may be referred to herein as "party" or collectively as the "parties."
I. SCOPE OF AGREEMENT
On December 13, 2022, City entered into a Fire Protection Services Agreement (FPS Agreement) with the San Bernardino County Fire Protection District (SBCFPD) with an expiration date of June 30, 2038. Through this agreement, the City of Yucaipa's Fire Department provides first alarm fire protection and advanced life support (ALS) paramedic services in the County unincorporated area of Oak Glen. This agreement also includes a provision for the City to lease the real property located at 11877 Oak Glen Road in the unincorporated area of San Bernardino County, also known as Assessor's Parcel 0324-211- 86, which includes the building thereon (hereinafter referred to as "the leased premises") from the SBCFPD.
The City grants to CF'M and CFM accepts from City a lease to use the leased premises on the terms and conditions set forth herein.
II. ENTIRE AGREEMENT
This Lease is the complete agreement of the parties with respect to the subject matter hereof.
IIL TERM OF LEASE; EXTENSION; TERMINATION
The initial term of this Lease shall be for a period of twelve (12) months, commencing on July x, 2026, and expiring on .Tune 30, 2027,
06/22/2026 City Council Agenda 109
Either party may terminate this Lease, with or without cause, by providing thirty (30) days' written notice to the other party. The City may issue such notice only upon specific direction from the City Manager.
IV. LEASING OF FACILITY; RENT
In consideration of the mutual covenants contained herein and the payment by CFM to City of $1.00 per year, without prior notice or demand, and without offset or deduction, City hereby leases to CFM, and CFM hereby leases from the City, the leased premises.
LIPW1111111111101 I I"it I I *Irllel flu' 4 Q11 I al►"Wrell al Tenant Responsibilities:
1. CFM, as the tenant, shall be responsible for providing and paying for trash removal and disposal services for the leased premises. This includes arranging for regular trash pickup and ensuring that all waste generated by CFM's use of the premises is properly disposed of in compliance with local regulations.
2. During the term of this Lease, CFM shall conduct routine maintenance at its cost.
The parties agree that the term "routine maintenance" shall include the day-to-day or periodic maintenance activities, such as janitorial services, and internal cosmetic repairs i.e., painting, replacement of lighting bulbs, which are intended to maintain the leased premises in a manner such that it will not deteriorate from its condition before leased, normal wear and tear excluded.
City Responsibilities:
1. The City is responsible for utilities defined as electricity, water usage and sewer usage consistent with the FPS Agreement.
2. The City agrees to perform and pay for any major or structural maintenance of the building, excluding damage caused by CFM, consistent with the FPS Agreement.
VII. USE OF LEASED PREMISES
1. The CFM will utilize the leased premises for storage of historical documents, artifacts and items of historical interest relative to the history of California Department of Forestry & Fire Protection. Leased premises may also be used for the storage of rolling stock (fire engines/equipment) in the garage areas, including the separate garage building and area at the rear of the property. An area in the interior of the building may also be used for the public display of items of historical significance and interest to the CFM. Access to the public will be limited to days and times when a CFM representative is on -site.
2. Modifications to the leased premises may be made by the CFM, subject to prior written approval by the City and at no cost to the City. 06/22/2026 City Council Agenda 110
3. The CFM agrees that it will, upon termination of this lease, return the leased premises to the same condition as at the commencement of the term of the lease, reasonable wear and tear excluded.
VIII. INSUR,A.NCE REQUIREMENTS
CFM shall procure and maintain, for the duration of the Lease, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the CFM's operation and use of said premises:
Commercial General Liability. $1,000,000 per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/ location or the general aggregate limit shall be twice the required occurrence limit. Coverage shall be at least as broad as ISO CGL occurrence form GC 0001.
2. Workers' Compensation as required by the Labor Code of the State of California and Employers' Liability Insurance.
3, Automotive Liability: $1,000,000 per occurrence for bodily injury and property damage. This shall include owned, hired, and non -owned automobiles. Coverage shall be as broad as ISO CGL occurrence form CG 0001. Auto liability is required only if autos will be used in performance of this contract.
4. All policies, except for Workers' Compensation (requires Certificate of Insurance only), shaII name, by endorsement, the City of Yucaipa, its employees, officers, agents, and volunteers as additional insurers. This endorsement shall be provided to the City prior to or concurrent with CFM's execution of this Lease.
S. The endorsement shall provide that such insurance afforded to the additional insureds shall be primary, but only as respects to this Lease, and insurance maintained by the City, its employees, officers, agents, and volunteers shall be non-contributing.
6. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days prior written notice has been given to the City.
IX. INDEMNIFICATION AND HOLD HARMLESS
CFM shall indemnify, defend (with legal counsel approved by City, which such approval by City shall not be unreasonably withheld) and hold harmless City and its elected and appointed officials, officers, employees, servants and agents from and against all claims, actions, liabilities, losses, damages, costs, attorneys' fees and other expense(s) of any mature for loss or damage to property, or injury to or death of persons, arising in any manner whatsoever, directly or indirectly, by reason of this Lease or the use or occupancy of the leased premises by CFM (collectively "Claim(s)"), whether the Claim be made during the Lease term or thereafter, except such loss, damage, injury or death caused by the sole 06/22/2026 City Council Agenda 111
negligence or willful misconduct of the City. The liability of CFM hereunder shall not be limited by the insurance provisions of this Lease. The indemnification, legal defense and hold harmless provisions of this Section shall survive the expiration or termination of this Lease and shall relate back to all periods of CFM's previous possession of the Premises.
X. DESTRUCTION OF PREMISES
Should said lease premises be damaged or destroyed by any cause not the fault of the CFM, City may, at City's sole option, repair the same.
X1. MORTGAGES AND OTHER ENCUMBRANCES
CFM shall not mortgage, hypothecate or otherwise encumber or cause any liens to be placed upon the leased premises or the freehold estate of City.
X1111. ,ASSIGNABILITY
CFM shall not sub -lease the lease premises or assign any part of this Lease, and any attempt to do so shall terminate this Lease without further action from the part of the City. 1:411W0310F.11JN1
1. Except as otherwise provided in this Lease, at any time one party is in default or breach of any provision of this Lease, the other party may give written notice to remedy such default or breach. If the default or breach is remedied within thirty (30) days following such notice, then this Lease shall continue in full force and effect. If, (1) such default or breach is not remedied within said thirty (30) day period, or (2) the nature of the default or breach is such that it cannot reasonably be cured within thirty (30) days and the defaulting panty fails to commence to cure within the thirty (30) day period and thereafter diligently prosecute the cure to completion, then the non -defaulting party may, at its option, terminate this Lease and, if terminated by City, take possession of the Premises without further notice and shall also be entitled to such damages or other remedies at law or in equity are available to either party because of such default or breach, Termination of this Lease pursuant to this Section shall not be considered a waiver of damages or other remedies at law or in equity available to either party because of such default or breach. Each term and condition of this Lease shall also be deemed to be a covenant.
2. A waiver by either party of any default or breach by the other party of any provision of this Lease shall not constitute or be deemed to be a waiver of any subsequent or other default or breach. No waiver shall be binding, unless executed in writing by the party making the waiver; waivers on behalf of City shall only be given by resolution of the City Council. No waiver, benefit, privilege, or service voluntarily given or performed by either party shall give the other party any contractual right by custom, estoppel, or otherwise. The subsequent acceptance of rent pursuant to this Lease shall not constitute a waiver of any preceding default by CFM other than default in the payment of the particular rental payment so accepted, regardless of City's knowledge of the preceding breach at the time of accepting the rent; nor shall acceptance of rent or any other 4 06/22/2026 City Council Agenda 112
payment after expiration or termination constitute a reinstatement, extension, or renewal of the Lease or revocation of any notice or other act by City.
The making by CFM by any general assignment, or general assignment for the benefit of creditors; the filing by or against CFM of a petition to have CFM adjudged a bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy unless the same is dismissed within sixty (60) days; the appointment of a trustee or receiver to take possession of substantially all of CFM's assets located at the leased premises or of CFM's interest in the Lease, where possession is not restored to CFM within thirty (30) days; or the attachment, execution or other judicial seizure of substantially all of CFM's assets located at the leased premises or of CFM's interests in the Lease, where such seizure is not discharged within thirty (30) days; shall constitute a default under this Lease.
4. City's Remedies. City shall have the following remedies if CFM is in default or breach of the Lease, following notice and opportunity to cure, as set forth above:
a. City may continue this Lease in full force and effect, and the Lease will continue in effect so long as City does not terminate CFM's right to possession, and the City shall have the right to the continued performance of CFM of all of CFM's obligations and duties under this Lease, and to collect rent when due. Following CFM's default and for so long as City has not terminated CFM's right to possession on the leased premises, if CFM obtains the consent of the City Council given at an open and public meeting, CFM shall have the right to sublet the leased premises or assign this Lease with the City's consent which will not be unreasonably withheld, b. In the event that the Lease is validly terminated in accordance with the terms of the Agreement, CFM shall not be held accountable for any outstanding default payments for the duration of the Agreement until its termination. c. If CFM is in default under terms of this Lease, City may, after thirty (30) days' written notice of default, terminate CFM's right to possession of the leased premises by written notice to CFM. No act by the City other than giving written notice to CFM shall terminate this Lease.
XIV. GENERAL PROVISIONS
1. Attorneys' Fees. In the event that any action is brought by either party hereto as against the other party hereto for the enforcement or declaration of any right or remedy in or under this Lease or for the breach or enforcement of any covenant or condition of this Lease, the prevailing party shall be entitled to recover reasonable attorneys' fees and litigation costs from the other party,
2. Waiver.
a. No waiver of any breach of any of the terms, covenants, agreements, restrictions or conditions of this Lease shall be construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions and conditions hereof, 06/22/2026 City Council Agenda 113
b. The City's consent to or approval of any act shall not be deemed to render unnecessary the obtaining of City's consent to or approval of any subsequent act by CFM. The acceptance of rent hereunder by City shall not constitute a waiver of any preceding breach by CFM of any provision hereof, other than the failure of CFM to pay the particular rent so accepted, regardless of City's knowledge of such preceding breach at the time of its acceptance of such rent.
3. Entry by City; Inspection. City reserves the right for City and City's agents and representatives to enter upon the leased premises at any reasonable time and after reasonable notice to CFM for the purpose of inspecting the leased premises, to examine the condition thereof, including their environmental condition; showing the same to prospective purchasers, tenants or lenders; making such alterations, repairs, improvements or additions to the leased premises, as City deems reasonable or necessary; or attending to City's business and City's interest hereunder, as City may deem necessary or desirable.
4. Relationship of the Parties. The relationship of the parties hereto is that of landlord and tenant, and it is expressly understood and agreed that City does not in any way, nor for any purpose, become a partner of CFM or a joint venturer with CFM in the conduct of CFM's business, or otherwise.
Incorporation of Prior Agreements; Modifications. This Lease contains all agreements of the parties with respect to any matter mentioned herein. No prior agreement or understanding pertaining to any such matter shall be effective. This Lease may be modified only in writing, and signed by the parties in interest at the time of such modification.
6. Time of Essence. Time is expressly declared to be of the essence of this Lease. Each term and each provision of this Lease, performable by CFM, shall be construed to be both a covenant and a condition.
7. Ouitclaim. At the expiration or earlier termination of this Lease, CFM shall execute, acknowledge and deliver to City, within five (5) days after written demand from City to CFM, a quitclaim deed or other document deemed necessary or desirable by City's counsel to remove any cloud of this Lease from the real property subject hereto.
Construction of Lease. The language in all parts of this Lease shall, in all cases, be construed as a whole and in accordance with its fair meaning and not restricted for or against either City or CFM. The captions of the sections and subsections of this Lease are for convenience only and shall not be considered or referred to in resolving questions of construction.
9. °`City" "CFM" and "CDF FIRE MUSEUM." The words "City", "CFM," AND "CDF FIRE MUSEUM" wherever used herein, shall be applicable to one or more persons, as the case may be; the singular shall include the plural; the neuter shall include the masculine and feminine; and, if there be more than one, obligations thereof shall be joint and several. The word "person," whenever used herein, shall include individuals, 06/22/2026 City Council Agenda 114
firms, associations and corporations. Whenever in this Lease any words denoting undertaking, covenant or duty are used, such words shall have the same force and effect as though made in the form of conditions.
10. Choice of Law, Venue. This Lease shall be governed by the laws of the State of California, with venue for any legal actions, which may be brought by either party against the other party in the County of San Bernardino, California.
XIV. NOTICES
Any notice to be given or other document to be delivered by either party to the other hereunder may be delivered in person to either party, or may be deposited in the United States mail, in the State of California, duly registered or certified, with postage fully prepaid and addressed to the party for whom intended as follows:
TO CITY: City Manager
City of Yucaipa
34272 Yucaipa Blvd.
Yucaipa, CA 92399
(909) 797-2489, Ext. 253
TO TENANT: CFM
Current address:
3800 Sierra Way
San Bernardino, CA 92405
Address subject to execution of this agreement:
11877 Oak Glen Road
Yucaipa, CA 92399
Attn: Ray Snodgrass
Either party hereto may, from time to time, by written notice to the other party, designate a different address, which shall be substituted for the one above specified. If any notice or other document is sent by registered or certified mail, as aforesaid, the same shall be deemed served or delivered on the third business day after the mailing thereof, as above provided.
XVI. SEVERABILITY
If any provision of this Lease shall be adjudged to be invalid, void or illegal, it shall in no way affect, impair or invalidate any other provision(s) hereof, the parties hereby agreeing that they would have entered into the remaining portion of this Lease notwithstanding the omission of the portion or portions adjudged invalid, void or illegal.
XVIL COUNTERPARTS
This Lease may be executed in any number of counterparts, each of which, when executed and delivered, shall be deemed to be an original, and all of which, taken together, shall be deemed to be one and the same instrument.
06/22/2026 City Council Agenda 115
XVIII. REVENUE & TAXATION CODE SECTION 170.6 POSSESSORY INTEREST TAX CFM recognizes and understands that this Lease may create a possessory interest subject to property taxes and that, if a possessory interest is created, CFM shall, in accordance with this Section hereof, be responsible for payment of property taxes levied against such possessory interest.
[Signatures to follow]
IN WITNESS WHEREOF, the parties hereto have executed this Lease on the date and year first above written.
ATTEST:
Ana V. Sauseda, MMC
Director of General Services / City Clerk
APPROVED AS TO FORM:
Steven Pacifico, City Attorney
CITY OF VUCAIPA
Dr. Sean M. Moore, City Manager
CFM,
L3y_ ..
Name:
Title:
06/22/2026 City Council Agenda 116