HomeMy WebLinkAbout2003-082
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RESOLUTION NO. 2003-82
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AUTHORIZING AND APPROVING THE
MAYOR TO EXECUTE AMENDMENT NO.1 TO CONTRACT NO. 99-
471 DATED JUNE 29, 1999, BY AND BETWEEN THE COUNTY OF SAN
BERNARDINO ("COUNTY"), THE CITY OF SAN BERNARDINO
("CITY"), AND PROVISIONAL EDUCATIONAL SERVICES, INC.
WHEREBY THE COUNTY WILL GRANT OWNERSHIP OF
PROPERTIES LOCATED AT 1680 AND 1686 WEST 19TH STREET, CITY
OF SAN BERNARDINO, TO PROVISIONAL EDUCATIONAL
SERVICES, INC. FOR CDBG RELATED ACTIVITIES.
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WHEREAS, the County of San Bernardino (the "County"), the City of San Bernardino
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(the "City") and Provisional Educational Services, Inc. have previously entered into Contract
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No. 99-471 (the "Contract") dated June 29,1999, in the amount of Ninety Thousand Dollars
($90,000), for the purpose of acquiring the property located at 1686 West 19th Street in the City
of San Bernardino (APN 0143-191-50) (the "Property") so that Provisional Educational
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Services, Inc. can provide childcare services and/or services to low- and moderate-income
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households; and
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WHEREAS, the County, City and Provisional Educational Services, Inc. desire to
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amend the Contract to grant ownership of the Property including the County-owned property
located at 1680 West 19th Street in San Bernardino which is also leased to Provisional
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19 Educational Services, Inc.; and
20 WHEREAS, Amendment No.
21 Common Council for approval.
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I to the Contract has been presented to the Mayor and
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P:IClerical Scnlccs Dcptl:'tlargaret PukerIResululiuns\2003\03-04-07 PES .vice Resulutloll.duc
2003-82
NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED
2 BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS
3 FOLLOWS:
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Section I.
The Mayor and Common Council hereby approve Amendment No. I to
5 the Contract attached hereto and incorporated herein by reference.
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Section 2.
The Mayor is hereby authorized to execute Amendment No. I on behalf
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of the City in substantially the form attached hereto, and any other documents necessary to
authorize the transfer of the Property to Provisional Educational Services, Inc. together with
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such nonsubstantive changes therein as may be approved by the Mayor and City Attorney.
Section 3.
This Resolution shall take effect upon its adoption and execution in the
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P;\Clerlcal Services DeptlMargaret Parker\Resollltlons\2003\03-04-07 PES Mee Resolution.doc
2003-82
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AUTHORIZING AND APPROVING THE
MAYOR TO EXECUTE AMENDMENT NO.1 TO CONTRACT NO. 99-
471 DATED JUNE 29, 1999, BY AND BETWEEN THE COUNTY OF SAN
BERNARDINO ("COUNTY"), THE CITY OF SAN BERNARDINO
("CITY"), AND PROVISIONAL EDUCATIONAL SERVICES, INC.
WHEREBY THE COUNTY WILL GRANT OWNERSHIP OF
PROPERTIES LOCATED AT 1680 AND 1686 WEST 19TH STREET, CITY
OF SAN BERNARDINO, TO PROVISIONAL EDUCATIONAL
SERVICES,INC.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
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Common Council of the City of San Bernardino at a it. regular meeting thereof, held on the
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7th day of April
,2003, by the following vote to wit:
10 Council Members:
Aves Nays
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X
X
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Abstain
Absent
II
ESTRADA
LONGVILLE
MCGINNIS
DERRY
SUAREZ
ANDERSON
MC CAMMACK
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~Jf. Cl~
L ,cRachel G. ~~k, CitY.Clerk~
\J.J )Gj (l,vl.dU;U! ytS-c1Ln (VI
The foregoing resolution is hereby approved~ JOn" day of Ail, 003.
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22 Approved as to form and Legal Content:
23 By:
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P:\C1~rlcal Services Depll.\largard Parkcr\ResuluIJull\\2003\03-04-U7 PES Ylce Resulution.duc
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2003-82
FOR COUNTY USE ONL Y
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tx: New Vendor Code Dep!. A Contract Number
Change SC ECO 99-471
Cancel
County Department Dep!. Orgn. Contractor's License No.
Economic and Community Development ECO PROJ.
County Department Contract Representative Telephone Total Contract Amount
THOMAS R. LAURININorm Buckner (909) 388-0808 $
Contract Type
D Revenue D Encumbered D Unencumbered !Xl Other: Property Acquisition
If not encumbered or revenue contract type, provide reason:
Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount
Fund Dep!. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount
SBA ECO PROJ. 200 2005 00000000
,
Project Name Estimated Payment Total by Fiscal Year
FY Amount lID FY Amount 110
Fifth District: Property Acquisition
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PAL Childcare Facility
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(#350-23118) Contract type 2 (d)
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County of San Bernardino
FAS
CONTRACT TRANSMITTAL
CONTRACTOR
Provisional Educational Services, Inc.
FederallD No. or Social Security No.
N/A
Contractor's Representative
Or. Mildred O. Henry, President
.dress
P.O. Box 7100, San Bernardino, CA 92411
Phone
(909) 887-7002
Nature of Contract: (Briefly describe the general terms of the contract)
On June 29, 1999, the San Bernardino County Board of Supervisors approved ~ct No. 99-471 with the City
of San Bernardino and Provisional Educational Services, Inc., in the amo~, c q~btYthousand dollars ($90,000).
The County and City contributed $45,000 each for the purpose~f ii\"Slttie property located at 1686 West
19th Street in San Bernardino, (APN 0143-191-50), and for '!l.af.., and .operation .of this property ~~d the
adjoining County owned property, (APN 0143-191-49), by Ifrojltsl al Educational Services for the provIsion of
childcare services to low- and moderate-income ,..Q0u1~0'lt(s. The two ~operties are currently owned by
COUNTY and funded in part by CITY and leas~(l'!;l ~ovisional Edu~ti9~ ,~ic~ -pnder a consolidated lease
agreement. This Contract Amendment f\le. ~'r~s ownership Of,lh~"WO~~Ertie '1PC<l'1ed at 1680-1686 West 19th
Street in San Bernardino to provi~n\~ucational Service;,rrrk/ and , leYcontinued maintenance and
operation of the childcare ~~t~\~ a period of tweflly (~y'm{r!J<...~o r provisions and terms of Contract
No. 99-471 will remain the s~~excePt as note\s \'='\~<\ ~
The attached contract consists of 3 page[\~ ~ S ~
(Attach this transmittal to all contracts not pn ~e '"Standard Contract" form.)
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Date
6-/6-0'3
Presented to BOS for Signature
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Depa~ Head
Date t lit /0 3
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2003-82
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FIRST AMENDMENT 10 THE CONTRACT
BETWEEN THE COUNTY OF SAN BERNARDINO,
CITY OF SAN BERNARDINO AND
PROVISIONAL EDUCATIONAL SERVICES, INe.
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This First Amendment to Contract No. 99-471 is made and entered into, by and between San Bernardino County,
hereinafter referred to as "COUNTY", the City of San Bernardino, hereinafter referred to as "CITY" and Provisional
Educational Services, Inc., hereinafter referred to as "EDUCATIONAL SERVICES".
WHEREAS, COUNTY, CITY and EDUCATIONAL SERVICES have previously entered into Contract No. 99-
471, hereinafter referred to as "CONTRACT", in the amount of ninety thousand dollars ($90,000) for the purpose of
acquiring the property located at 1686 West 19th Street in San Bernardino, (APN 0143-191-50), and for EDUCATIONAL
SERVICES maintenance and operation of this property and adjoining COUNTY owned property located at 1680 West
19th Street in San Bernardino, (APN 0143-191-49), for the provision of childcare services to low- and moderate-income
households; and,
WHEREAS, the two properties are currently owned by COUNTY and funded in part by CITY and leased to
EDUCATIONAL SERVICES under a consolidated lease agreement; and,
WHEREAS, COUNTY, CITY and EDUCATIONAL SERVICES desire to amend CONTRACT to grant
ownership of the properties located at 1680 and 1686 West 19th Street in San Bernardino to Provisional Educational
Services, Inc.
NOW, THEREFORE, in consideration of the mutual covenants herein set forth and the mutual benefits to be
derived therefrom, the parties agree as follows:
.1. Replace CONTRACT Section I, with new PURPOSE OF CONTRACT paragraph.
PURPOSE OF CONTRACT
This Contract is made for the purpose of transferring ownership of the property located at 1680-1686 West 19th
Street, San Bernardino to Provisional Educational Services, Inc. The contract also provides for the maintenance and
operation of the childcare center, hereinafter referred to as "FACILITY".
2. Replace CONTRACT Section 3, with new SCOPE OF CONTRACT paragraph.
SCOPE OF PROJECT
COUNTY, CITY and EDUCATIONAL SERVICES agree COUNTY shall provide real estate services necessary to
transfer ownership of the property located at 1680-1686 West 19th Street in San Bernardino, parcel numbers (APN
#0143-191-49) and (APN # 0143-191-50) to EDUCATIONAL SERVICES. EDUCATIONAL SERVICES shall use
FACILITY for the sole purpose of providing childcare programs and services to low- and moderate-income families
located in the San Bernardino area.
EDUCATIONAL SERVICES agrees that any cost savings realized through ownership of the property shall result in
proper maintenance of FACILITY buildings and playground areas or in the expansion of program services. The
improvements or services shall be included as part of the annually required reporting referenced in section 24,
PROGRAM REPORTING.
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Use ofF ACILITY for any other purpose shall not be permitted unless pre-approved in writing by the COUNTY.
Unless as specified otherwise, ECD shall have the authority to represent COUNTY regarding the terms and
conditions of this Contract and the administration thereof, and the Economic Development Agency shall have the
authority to represent CITY regarding the terms and conditions of the Contract and the administration thereof.
Page I of3
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2003-82
3.
Replace CONTRACT Section 4, with new PROPERTY 'fRANSFER paragraph.
PROPERTY TRANSFER
COUNTY and CITY have determined that EDUCATIONAL SERVICES should own the land and improvements at
]680-]686 West ]9th Street in San Bernardino currently owned by the COUNTY and funded in part by the CITY,
with the condition that FACILITY be maintained and operated as described in Section 2, Scope of Project for a term
of twenty (20) years.
4. Replace CONTRACT Section 7, with new MAINTENANCE AND OPERATION paragraph.
MAINTENANCE AND OPERATION
EDUCATIONAL SERVICES shall have sole responsibility for the maintenance and operation of FACILITY at the
sole expense of EDUCATIONAL SERVICES for a period of not less than twenty (20) years beginning upon the
date the deeds are executed to convey property. FACILITY shall be maintained and operated at all times for the
purpose of providing chi]dcare programs and services to low- and moderate-income households in the San
Bernardino area, as identified in Section 2, Scope of Project, and in accordance with federal, state and local laws,
regulations and safety standards. EDUCATIONAL SERVICES shall be responsible for completing and submitting
to COUNTY the Public Facility Certification form. This form will be provided by ECD.
5. Replace CONTRACT Section 20, with new VIOLATION OF CONTRACT paragraph.
VIOLATION OF CONTRACT
In the event that EDUCATIONAL SERVICES violates any of the terms and conditions of this Contract, COUNTY
shall give written notice of violation and demand for correction. If, within thirty (30) days from receipt of written
notice, EDUCATIONAL SERVICES has not corrected the violation or shown acceptable cause, COUNTY has the
right to terminate this Contract. It is agreed that in the event of a termination due to a violation of the Contract by
EDUCATIONAL SERVICES, EDUCATIONAL SERVICES shall transfer property ownership back to COUNTY
within ten (10) days or Receipt of Notice of Termination. Should COUNTY elect to sell parcels (APN 0]43-]91-
49) and (APN 0]43-1941-50), in the event of violation by EDUCATIONAL SERVICES, CITY and COUNTY will
receive a fifty-fifty (50-50) share in any sale of (APN 0]43-]91-50). COUNTY and CITY will agree on appraised
value of property prior to sale of (APN 0143-]9]-50). In the event the sale of property is required, the County Rea]
Estate Services Department will handle all necessary transactions.
6.
Replace CONTRACT Section 24, with new PROGRAM REPORTING AND RETENTION OF RECORDS
PROGRAM REPORTING AND RETENTION OF RECORDS
EDUCATIONAL SERVICES agrees to prepare and submit financial, program progress, and other reports as
required by HUD or COUNTY directives. EDUCATIONAL SERVICES shall maintain such program, property,
personnel, financial, statistical and other records, supporting documents, and accounts as are considered necessary
by HUD or COUNTY to assure proper accounting for all Contract funds. Said records, documents and accounts are
to be retained by EDUCATIONAL SERVICES for a minimum of five (5) years. The retention period starts from
the date the COUNTY submits its annual performance and evaluation report, as prescribed in 24CFR 91.520, in
which the service under the terms of this contract is reported on for the final time. Said COUNTY submission will
follow EDUCATIONAL SERVICES final submission to COUNTY of reports identified under this paragraph.
Records and accounts that pertain to something being sued or audited over must be maintained for the five (5) years
or until the issue is resolved, whichever is longer. Records that pertain to rea] estate transactions must be
maintained for the five (5) years or the number of years that there is an outstanding obligation, whichever is longer.
The starting date for retention of records on CDBG-purchased equipment begins at the end of the equipment's use,
when it is disposed of or transferred. The retention period for records relating to program income begins on the last
date of COUNTY fiscal year in which the income is earned. All EDUCATIONAL SERVICES records, with the
exception of confidential client information, shall be made available to representatives of COUNTY and the
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2003-82
app~opriate federal agencies. EDUCATIONAL SERVICES is required to submit data necessary to complete the
Annual Grantee Performance Report in accordance with HUD regulations in the format and at the time designated
by the ECD Director or his designee.
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7.
NON -APPLICABLE SECTIONS OF CONTRACT NO. 99-471
The following sections contained in the Acquisition, Maintenance and Operations Contract (#99-471) will not be
applicable on the date of recordation of the grant deed transferring ownership to Provisional Education Services,
Inc. All other provisions and terms of Contract No. 99-471 will remain the same except as noted previously.
Section Number 5, Funding
Section Number 6, City Funding Requirements
Section Number II, Warranty of Adherence to County's Child Support Compliance Program
IN WITNESS WHEREOF, the parties have caused this Contract to be executed as of the day and year first written
above.
COUNTi::::Pf~INO
By' 1l,~.L.:" '::p.I.c-. l-
. DENNIS HANSBERGER, Chairman
Board of Supervisors
JUL 2 9 2003
By:
'BERNARDINO
-
a~'u-..
ALLES, Mayor
Date:
(:-, /3/0,3
/ /
. SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELNERED TO
THEC~OFTHEBOARD
APPRO ED AS TO LEGAL FORM
J. RENEE BASTIAN
Clerk of tbe Board of Supervisor
of the County of San BenilU'din
, " l\;~~~~j"~:~~\i\'J' \~
Date:-}___----" ~ bOD}
REVIEWED AND APPROVED TO LEGAL FORM
By:
Date:
APPROVED AS TO LEGAL FORM
Date:
ALAN K. MARKS
h :~y COUNSEL
Byh",o,~
Deputy Coun 0 s I
. ~ -r 3-03
Date:
PROVISIONAL EDUCATIONAL SERVICES, INC.
By:~i~
~,~ ;;;;';'
Comdev/Temp/Cathy/03 Agreements/OJ Prov Educational Svcs Amendment w exhibit A
03/27/03/NB/cb
Page 3 00
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2003-82
Recorded In Olllcial Records, County 01 San Bernardino
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DocH: 2003- 0603872
111111111111111
LARRY WALKER
Auditor/Conlroller - Recorder
8/13/2003
3:59 PM
LMJ
RECORDING REQUESTED BY:
County of San Bernardino
Real Estate Services
825 East Third Street
San Bernardino, CA 92415-0832
See Above
Titles: 1 Pages: 3
Fees 13.013
Taxes 13.1310
Other e.ee
PAID $13.00
WHEN RECORDED MAIL TO:
RECORDER:
Record without fee subject to Gov!. Code 6103
Recordation required to complete chain of title
UNINCORPORATED AREA
APN 0143-191-49 & 50
GRANT DEED
DOCUMENT TRANSFER TAX $ 0.00
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the COUNTY OF SAN
BERNARDINO, a body corporate and politic of the State of California,
does hereby GRANT to PROVISIONAL EDUCATION SERVICES, INC.
the real property in the County of San Bernardino, State of California, described as follows:
PARCEL 1
The East 80 feet of the West 140 feet of the South 213 feet of Lot 4, MOUNT VERNON
ORANGE GROVE AND FRUIT COMPANY LANDS, as per plat recorded in Book 12 of
Maps, page 16, records of San Bernardino County. Said South 213 feet being measured
from the center of 19th Street.
PARCEL 2
The East 80 feet of the West 160 feet of the East 320 feet of the West 380 feet of the
South 213 feet of Lot 4, MOUNT VERNON ORANGE GROVE AND FRUIT COMPANY
LANDS, as per plat recorded in Book 12 of Maps, page 16, records of said County.
Note: The areas and distances of the above described property are measured to the
center of adjoining streets and highways.
This grant is made subject to the following conditions and right of re-entry shown on
EXHIBIT" A " attached hereto and made a part hereof.
___ J\lL 2 9 2.003
By:
D nnis Hansberger, Chairman B
MAIL TAX STATEMENTS TO PARTY SHOWN ON FOLLOWING LINE
Name
Street Address
City & State
2003-82
Township 1 N
Road Name
Project Name
Range
4w
See, 32
Work Order No.
Pareel No. (s)
A.P.N, (s)
EDC # 4430
PAL (Provisional Education Services)
0143-191-49 & 50
CAlifORNIA All-PURPOSE ACKNOWLEDGMENT
State of
County of
On
N -
before me, In-()/.M!J/[ t:MA~
~rso lyappeared 'ATEUt: i\.Jt0ls ~srLoN~~r~ot;hR'EG."J~;~YPU'UC
NAA4Ef~
, personally known to me - OR - D proved to me on the basis of satisfactory evidence to be the
persouW'"whose name.(a1ls!;>re subscribed to the
within insjrUment and acknowledged to me that
he/#etl1fey executed the same in his~r
authorized capacity.{ies), and that by hisJReJJtl1eir
signatu~ on the instrument the perso1')(8r, or
the entity upon behalf of which the persoOfs')
acted, executed the instrument.
:.
~~
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STEPHANIE GAMBOA
Comm. # 1316175 )>
NOTARY PUBLIC. CALIFORNIA ~
Sa" Bemardine County ......
Uy Comm. bpir. Augusl2. 2005
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WITNESS my hand and official
,
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_____________________________________________________ ()I'Jr/()^,)\!. ------------------::::~~~------------------
Though ,he data be/ow is 110/ required by Jaw, it may prove valuable 10 persons relyillg on the document and could prevent fraudulent
removal and reattachmelll afthis form to another document
Description of Attached Documrt ,~
Title or Type of Document: V<Z.J\ \\. -1\ ~U 1)
Document Date: \ ~;:+o, -;:}-O() ~ Number of Pages: :;;:;
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Signer's Name:
o Individual
o Corpora te Officer
Title(s):
o Partner -- D Limited
D Attorney-In-Fact
D Trustee
D Guardian or Conservator
D Other:
D General
D Individual
D Corporate Officer
Title(s):
D Partner -- D Limited
D Attorney-In-Fact
D Trustee
D Guardian or Conservator
D Other:
D General
OF SIGNER
Top of thumb here
OF SIGNER
Top of thumb here
Signer Is Representing:
Signer Is Representing:
2003-82
EXHIBIT "A"
CONDITIONS AND RIGHT OF RE-ENTRY
Attachment to grant deed dated
EDUCATION SERVICES, INC.
granted to PROVISIONAL
This grant is made upon the following conditions:
1. That said property shall be continually maintained and operated as a childcare center for
low and moderate-income households in the San Bernardino area up to and including March
25, 2023. Other program uses eligible under CDBG will be allowed with written consent of
County and City.
2. Said property shall be used solely for the above stated purposes during the above stated time
period; and,
3. PROVISIONAL EDUCATIONAL SERVICES, INC. will demonstrate on an annual basis
its ability to maintain and operate said property as a childcare center to the director of the
San Bernardino County Department of Economic and Community Development (ECD).
PROVISIONAL EDUCATIONAL SERVICES, INC. will ensure that its employees or
agents furnish any information that in the judgment of County and HUD representatives,
may be relevant to a question of compliance with grant conditions, HUD directives, or
effectiveness, legality, and achievements of the childcare program and the granted facilities;
and,
4. Neither grantee, nor its successors or assigns, shall cause to place or permit to be placed any
encumbrance or lien on the real property or transfer, mortgage or hypothecate the real
property without the approval of the Grantor.
5. In the event that any of the above conditions are violated and such violation is not cured
within thirty (30) days after written notice of violation by Grantor, the County shall have the
right to re-enter and take possession of the real property and to terminate the estate granted
to PROVISIONAL EDUCATIONAL SERVICES, INC.
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2003-82
FOR COUNTY USE ONL Y
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FAS
:x: New Vendor Code Deot. Contract Number
ChanQe SC A 99-716 A-1
Cancel
County Department Dept. Orgn. Contractor's License No.
Real Estate Services Department
------.-.1-------..
County Department Contract Representative, Telephono 1 J Tota' Contract Amount
David H. Slaughter, Director 387-781
Contract Type
D Revenue o Encumbered o Unencumbered 0 Other:
If not encumbered or revenue contract type, provide reason:
Commodity Gode Contract Start Date Contract End Date Original Amount Amendment Amount
Fund Depl. Organization Appr. ObyRev Source GRC/PROJ/JOB No. Amount
, , 58N31513
Fund Depl. I Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount
, ,
Fund Depl. I Organization Appr. Obj/Rev Source GRC/PROJ/JOB No Amount
i
: , ,
Project Name Estimated Payment Total by Fiscal Year
SAN BERNARDINO - PAL FY Amount 110 FY Amount 110
1680& 1686W.191hSI. -
-
.- - -
Contract Type 2(d) -- - -
"'~
County of San Bernardino
STANDARD CONTRACT
FIRST AMENDMENT
THIS CONTRACT is entered into in the State of California by and betwee~ the County of San Bernardino, hereinafter called
tile COUIHY, anti
Name
P!ovisional EduGiJtional Services, Inc.
AddreSS--------:---
1(,86 W. 19t Street, P.O. Box 7100
he:einafter Gallea
TENANT
San Bernardino, CA 92411
Tel<;pllone FederallD No. or Social Security No.
(909) 887-7002
WHEREAS, the COUNTY and TENANT have previously entered into a Lease Agreement, Contract No.
99-7l6, wherein COUNTY agreed to lease certain real property to TENANT; and
WHEREAS, the nonnal expiration date of the Lease Agreement, Contract No. 99-716, would have been
August 9, 2004; and,
Wh'EREAS, under separate contract, COUNTY transferred ownership of the real property leased under
Contract No. 99-716 to TENANT; and,
WHEREAS, the parties mutually desire to terminate Lease Agreement, Contract No. 99-716, effective on
the date of completion of the transfer of ownership of the property from COUNTY to TENANT.
NOW, THEREFORE, in consideration of mutual covenants and conditions, the parties hereto agree the
Lease Agreement, Contract No. 99-716, is amended as follows:
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2003-82
. 1.. The parties agree that Lease Agreement, Contract No. 99-716 terminated as the date of completion.
,cY the transfer of ownership of the property from COUNTY to TENANT. Each party agrees that there are no
I outstanding' payments due either party and the premises were in good condition on the date of transfer. The parties
'h.ereto further agree that any claim either party may hav; against the other party (except for taxes, if any) arising out
of Contract No. 99-716 shall not survive this termination. The parties to this Agreement, nothwithstanding the
application of Section 1542 of the California Civil Code, which provides:
"A general release does not extend to claims which the creditor does not know or
suspect to exist in his or her favor at the time of the executed release which if known
by him or her must materially effected his or her settlement with the debtor"
expressly waive and relinquish all rights and benefits afforded them by said Section 1542 and any and all similar
laws of any State or territory of the United States.
2. COUNTY and TENANT agree, notwithstanding their mutual release and discharge as to claims,
losses or liabilities arising out of the Agreement against each other, any such claims, losses or liabilities to any third
party arising out of the Agreement are not released and that the TENANT'S duty in the Agreement to indemnify,
defend and hold the COUNTY harmless from such claims, losses and liabilities survives the termination of the
Agreement.
3. All other provisions and terms of the Lease Agreement, Contract No. 99-716 shall remain the same
and are hereby incorporated by reference.
END OF FIRST AMENDMENT.
COUNTY oi:4::~R/D~
~ ~"-f-
Dennis Hansberger, Chairman, Board of Supervisors
PROVISIONAL EDUCATIONAL SERVICES. INC.
(Print or type name of cotpOration.. com _ ny, contractor, ete.)
,) 7 7 )/ .~
By: ~ . n
Dated:
Name: Mildred D. Henrv
(Print or type name of person signing contract)
By
,
\'. erviso~~ t,
~ardin:J,~
Dated:
~r~ident
f- 9 ;rJ~orTYpe)
/
Title:
Address:
P.O. Box 7100
San Bernardino CA 92411
Date 7, 22- 03
Approved to Legal Fo
Reviewed by Contract Compliance
~
Date July
Date
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