HomeMy WebLinkAbout2003-239
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RESOLUTION NO. 2003-239
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING EXECUTION OF AN AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO AND THE COUNTY OF SAN
BERNARDINO PROBATION DEPARTMENT FOR SHARED USE OF THE
RECREATION FACILITIES AT NORTON AIR FORCE BASE FOR THE PERIOD OF
JULY 1,2003 THROUGH JUNE 30, 2004.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino or her designee is hereby authorized to
execute a contractual agreement with the County of San Bernardino for the Norton Air Force
Base Recreation Facilities, a copy of which is attached hereto, marked Exhibit "A" and
incorporated herein by reference as fully as though set forth at length,
SECTION 2. The authorization granted hereunder shall expire and be void and of no
further effect if the agreement is not executed by both parties and returned to the office of the
City Clerk within one hundred twenty (120) days following the effective date of the resolution.
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2003-239
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING EXECUTION OF AN AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO AND THE COUNTY OF SAN
BERNARDINO PROBATION DEPARTMENT FOR SHARED USE OF THE
RECREATION FACILITIES AT NORTON AIR FORCE BASE FOR THE PERIOD OF
JULY 1, 2003 THROUGH JUNE 30, 2004.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a j t. reg.
meeting thereof, held
on the 18th day of August
,2003, by the following vote, to wit:
Council Members: AYES
ESTRADA X
-
LIEN LONGVILLE ~
MC GINNIS X
DERRY X
SUAREZ X
ANDERSON X
-
MC CAMMACK
NAYS ABSTAIN ABSENT
x
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\,Ji--" ~'--.(:. \.(~ L '~. L Ca.. \. ./:!_
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this /11/...
day of Augus t
2003.
.' /..r_____-
/;)-
Neil Derry, ~r Pro Tern
City of San Bernardino
Approved as to
Form and legal content:
JAMES F. PENMAN,
City Attorney
By: 1--
r
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2003-239
REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY, CALIFORNIA
AND RECORD OF ACTION
October 7,2003
FROM:
DAVID H. SLAUGHTER, Director
Real Estate Services Department
RAYMOND B. WINGERD, Interim Chief Probation Officer
Probation Department
SUBJECT:
CONTRACTUAL AGREEMENT WITH THE CITY OF SAN BERNARDINO
RECOMMENDATION: Approve a one-year Contractual Agreement No. 03-1065 with the City of
San Bernardino (City) for exclusive use of 10,590 square feet of office space and joint use of
2,879 square feet of common area in one building; and 10,639 square feet of gymnasium, lobby
and restrooms from 1 :00 p.m. to 3:00 p.m. Monday through Friday in a second building for the
Probation Department (Probation) in San Bernardino from July 1, 2003 through June 30, 2004 at
no cost.
BACKGROUND INFORMATION: On February 13, 1996, the Board approved a seven-year
concession agreement (Contract No. 96-133) for 20,082 square feet of office, kitchen, ballroom
and common area space (Building 178) and 20,983 square feet of gymnasium, exercise rooms
and common area space (Building 182) located at 1494 and 1554 E. Art Townsend Drive in San
Bernardino. The original term was from March 1, 1996 to February 29, 2003 and included one
three-year option to extend the term by mutual consent of both parties. This space is used for
juvenile probation services.
Since this property is owned by the City of San Bernardino, County Policy 08-02-01 does not
apply to this agreement. Probation desires to stay at this location and requested that the Real
Estate Services Department (RESD) notify the City that it desires to exercise its option to extend
the term for three years. The City would not consent to exercising the option because the City
insisted on exclusive use of more office space, as well as the kitchen and ballroom, in Building
178. As discussions with the City continued, the County determined it could function with less
office space. The County also agreed to relinquish the kitchen and ballroom and reserve them on
an as-needed basis. The County also determined it did not need as much use of Building 182
(the gymnasium and exercise rooms). As a result of the reduced space available to the County in
Building 178 and the reduced use of the facilities in Building 182, the County requested a
reduction in its pro-rata share of the utility costs associated with both buildings. The City agreed
and with that reduction the County's contribution toward utilities will be reduced from 100%
(minus City contracted uses) to 35%, resulting in a cost savings of approximately $34,700 per
year. The lease went into holdover because of the protracted negotiations. The terms of this
one-year contractual agreement are summarized as follows:
Record of Action of the Board of Supervisors
Agreement 03-1065
APPROVED(CONSENT CALENDAR)
c;:80ARS4)F SUPERVISORS
,fr"~013Nl\X ~AN BERNARDINO
MOTION iF ..:ii!5,(?:',".J::~t!::I:'l;;, ABSENT SECOND
t-'. 0""1"'/,':'; 2,..'0 <, 3 4
J. RE, ~(l], J~N';t._.'t~~~. HE BOARD
'\'j
BY: ')11' , -: ,:-",1
MOVE
5
cc:
RES-Slaughter w/agreement
Probation- Wingerd
Contractor w/agreement c/o
RES
Auditor w/agreement
IDS w/agreement
Risk Management
County Counsel-Luke
Probation-Frymire
CAO-Kopp and Kratzke
ISG
File w/agreement
,
.
sg
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ITEM 046
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2003-239
BOARD OF SUPERVISORS
. . LE1Il.SE AGREEMENT WITH THE CITY OF SAN BERNARDINO
October 7, 2003
Page Two of Two
Lessor: City of San Bernardino
Location: 1494 (Building 178) and 1554 (Building 182) E. Art Townsend
Drive, San Bernardino
Size: Building 178 - exclusive use: 10,590 square feet; joint use with
City: 2,879 square feet
Building 182 - exclusive use of 10,639 square feet from 1 :00 p.m.
to 3:00 p.rn., Monday through Friday
Term: One year commencing July 1, 2003
Options: One one-year option to extend the term upon mutual consent of the
parties
Rent: None
Improvement costs: None
Custodial: Provided by County in both buildings in all the space
Maintenance: County to maintain landscaping; all other maintenance provided by
City
Utilities: County reimburses City for 35% of all utilities costs
Right to terminate: Either party has the right to terminate with 30 days notice
Parking: Sufficient for County needs
REVIEW AND APPROVED BY OTHERS: This item has been reviewed by County Counsel
(Fiona Luke, Deputy County Counsel, 387-5474) on June 10, 2003; Probation (Scott Frymire,
Deputy Chief Probation Administrator, 387-5580) on September 15, 2003; and the County
Administrative Office [Daniel R. Kopp (387-3828) and Vicki Kratzke (387-8906), Administrative
Analysts] on September 29, 2003.
FINANCIAL IMPACT: There are no monthly lease costs associated with this agreement;
however, total estimated costs-including custodial, landscaping, and utilities-associated with
this agreement total $54,800. Sufficient appropriation is available in Probation's budget to pay
these costs.
COST REDUCTION REVIEW: The County Administrative Office has reviewed this agenda item,
concurs with the Department's and RES D's proposal, and recommends this action based on the
continuing need to provide juvenile probation services in the San Bernardino area.
Reimbursement to the City of 35% of the utility costs plus the costs of janitorial and landscape
maintenance are the only costs associated with this agreement. The agreement can be
terminated by either party with 30-days notice.
SUPERVISORIAL DISTRICTS: Fifth
PRESENTER: David H. Slaughter, Director, 7-7813
SH 7-7814
mf 7-7825
Rev 07/97
.2003-239 FOR COUNTY USE ONLY
FAS
X New Vendor Code Dept. Contract Number
- Change SC A 03 -/Of.;,
Cancel
County Department Dept. Orgn. Contractor's License No.
Real Estate Services Department
County Department Contract Representative Telephone Total Contract Amount
David H. Slauqhter, Director 387-7832
Contract Type
D Revenue [X] Encumbered D Unencumbered D Other:
If not encumbered or revenue contract type, provide reason:
Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount
Fund Dept. Organization Appr. ObjlRev Source GRC/PROJ/JOB No. Amount
AM RNT RNT , 200 2905 , N31216
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount
, ,
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount
, ,
Project Name Estimated Payment Total by Fiscal Year
SAN BERNARDINO - FY Amount I/O FY Amount I/O
Probation - 1494 & 1554 E. -
-
Art Townsend Dr., Buildings - -
178 & 182 - -
Contract type 2 (d)
County of San Bernardino
CONTRACT TRANSMITTAL
CONTRACTOR City of San Bernardino
FederallD No. or Social Security No.
Contractor's Representative Parks & Recreation Department
Address 547 N. Sierra Way, San Bernardino, CA 92410-4816
Phone (909) 384-5160
Nature of Contract: (Briefly describe the general terms of the contract)
"i:
This Agreement is for one (1) year with one (1) one-year option to ext~n~fli!eJerin. COUNTY will reimburse CITY
for thirty-five percent (35%) of all utility costs. COUNTY and CIl;Y,,~~all provide its own telephone service.
~ SEE SIGNATURE PAGE
County Counsel
~
Date
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(Attach this transmittal to all contracts not prepafed qpth~,,"Siandard Contract" form.)
Approved as to Legal Form (sign in blue ink)
RevJ~we~.~.s tp Contract Compliance
Date
Date
A d" 1C
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Input Date Keyed By
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2003-239
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CONTRACTUAL AGREEMENT
WHEREAS, the City of San Bernardino ("CITY") received title to certain real property from the
United States of America by quit claim deed recorded March 17, 1995: and,
WHEREAS, the CITY and County of San Bernardino ("COUNTY") desire to enter into a
contractual agreement for COUNTY's use of a portion of the real property located at 1494 & 1554 E. Art
Townsend Drive, Buildings 178 & 182, San Bernardino, California ("Premises").
NOW, THEREFORE, the parties agree as follows:
1. PREMISES: CITY hereby grants to COUNTY the lease rights, hereinafter specified, to
be exercised within the Premises, consisting of those portions of the buildings, Building No. 178,
commonly referred to as the Galaxy Building, including the following: exclusive use of the second floor,
stairs, emergency exit, ALL three first floor classrooms, two storage rooms and the windowed office area,
totaling 10,590 square feet; Building No. 182, commonly referred to as the Norton Gym, including the
following: gym, lobby, restrooms, and foyer area, totaling 10,639 square feet. Attached hereto and
incorporated herein as Exhibit A, labeled "Premises" depict the lease areas and the facilities and
equipment therein.
2. TERM: The term of this agreement shall be for a period of ONE year, commencing July
1, 2003, and end on June 30, 2004, (with a one-year option to renew the contractual agreement with
mutual agreement of both CITY and COUNTY).
3. RENT: See Utilities # 12.
4. RETURN OF PREMISES: The COUNTY agrees that it will, upon any 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.
5. TAXES: CITY shall pay all real property taxes, and general and special assessments
levied and assessed against the Premises.
6. USE: The buildings shall be used by COUNTY and CITY on an exclusive, common or
scheduled basis as described below:
a. The Galaxy Building will be used as follows:
(1) COUNTY shall have the exclusive use of the Galaxy Building following
areas:
Second Floor
Storage room
Stairs
Emergency Exit
Storage room
Windowed office area
First Floor Classroom
First Floor Classroom
First Floor Classroom
Total =
7,006 sq. ft.
170 sq. ft.
149 sq. ft.
112 sq. ft.
173 sq. ft.
261 sq. ft.
1144 sq. ft.
770 sq. ft.
805 sq. ft.
10,590 square feet
(2) The CITY will have exclusive rights of the following on the first fioor:
Kitchen area
First floor office
First floor office
The Ballroom
408 sq. ft.
143 sq. ft.
137 sq. ft.
4,700 sq. ft.
....,
2003-239
-.
Total square footage =
5,388 square feet
(3) COUNTY and CITY will jointly use first floor common areas consisting of
Entry foyer
Reception area
Outside kitchen area
Hallway area
Restrooms
Total square footage =
740 sq. ft.
1,034 sq. ft.
536 sq ft.
167 sq ft.
402 sq. ft.
2,879 square feet
(4) The CITY will have control of the use of the "Ballroom". COUNTY may
use the "Ballroom" on a scheduled basis, by contacting the CITY first.
CITY usage may include weddings, receptions, business meetings
and/or other uses by third parties. Citizens renting the "Ballroom" will be
responsible to leave it in the condition received and remove all trash from
the property. CITY will limit the scheduling of the Galaxy Building
between the hours of 8:00am to 5:00pm, Monday through Friday for
business uses only.
b. Gymnasium - 10,639 total square feet to be utilized as follows:
(1) COUNTY will have exclusive rights to the gymnasium (9072 sq. ft.; lobby
area - 848 sq. ft.; foyer area - 293 sq. ft.; and men's/woman's restrooms
- 426 sq. ft.) thus totaling 10,639 square feet. COUNTY will have
exclusive usage of these facilities Monday through Friday from
1 :OOpm to 3:00pm.
CITY will have exclusive rights of these facilities at all other times.
7. HEALTH. SAFETY AND FIRE CODE REQUIREMENTS: CITY will insure the Premises
meet the applicable requirements of the Health, Safety, Fire, and Building Codes for Public Buildings,
including any requirements for a notice of completion, certificate of occupancy and the Americans with
Disabilities Act ("ADA"). Should the continued occupancy of the Premises be in anyway prejudiced or
prevented due to changes in the ADA, the Health, Safety, or Fire Codes for Public Buildings, the CITY
herein shall correct, update and comply with said changes at CITY's cost.
8. SIGNS: COUNTY will display from the windows and/or marquee of the Premises only
such sign or signs as are not prohibited by law.
9. MAINTENANCE:
a. CITY at its cost shall maintain in good condition all portions of the Premises,
including but not limited to the following:
(1) The structural parts of the building and other improvements that are a
part of the Premises, which include the foundations, bearing and exterior
walls (including glass and doors), subflooring, and roof;
(2) The electrical, plumbing, and sewage systems, including, without
limitation, those portions of the systems owned or controlled by the CITY
lying outside the Premises;
(3) Window frames, gutters, and downspouts on the building and other
improvements that are a part of the Premises;
(4) Air conditioning, heating and ventilating systems servicing the Premises,
and;
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2003-239
(5) Outside lighting, major irrigation repairs, tennis court nets and
windscreens.
(6) CITY at its cost shall repair the Premises if they are damaged by
(1) causes over which COUNTY has no control; (2) acts or omissions of
CITY, or its authorized representatives.
b. COUNTY, at its cost, shall be responsible for any and all routine maintenance in
and around the Galaxy Building ANO Norton Gymnasium facilities, to include the
parking lot areas, planter beds, entranceways, and lawn areas. These areas will
also include, but not be limited to;
(1) Exterior
(A) Paint over graffiti as required.
(B) Mow and edge lawns.
(C) Weed flower & planter beds.
(0) Sweep and/or blow sidewalks and all parking lots
(E) Trim bushes and low hanging tree branches.
(F) Clean windows.
(G) Remove trash and leaves.
(H) Make minor irrigation repairs and adjustments.
(I) Remove dead/diseased plant materials, trees, shrubs
and/or other vegetation.
These items will be done on a set schedule at a minimum once
per week. COUNTY agrees to provide the CITY will monthly
maintenance schedule in writing by the 1 st working day of each month for
said month (ex; Monday, June 2,2003 for month of June 2003).
(2) Interior; Janitorial services/minor repairs which shall include, but are not
limited to;
(A) Vacuum rugs.
(B) Clean and dust, mop floors.
(C) Clean restrooms and provide janitorial supplies.
(0) Remove trash.
(E) Clean windows and walls.
(F) Make minor repairs, e.g., unplugging a stopped toilet,
Replacing light bulbs, which do not require ladders and replacing
grommets in a leaking faucet.
(G) The servicing of fire extinguishers.
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2003-239
COUNTY agrees to supply a 33% FTE Uob classification - custodian) to maintain
all of these items for the Galaxy Building. COUNTY agrees to supply CITY with a
weekly work schedule of hours that this custodian is working (in writing) on a
weekly basis according to the following timeline (ex: provide a work schedule for
work week of Monday, June 2, 2003 thru Sunday, June 8, 2003 by 4:00pm,
Friday, May 30, 2003).
c. COUNTY, at its cost, shall be responsible for any and all routine maintenance in
and around the Norton Gym facility. Including the parking lot areas, planter beds,
entrance ways, and lawn areas; also the following areas:
(1) Exterior
(A) Paint over graffiti as required
(B) Mow and edge lawns.
(C) Weed flower & planter beds.
(D) Sweep and/or blow sidewalks, parking lots, and tennis
courts.
(E) Trim bushes and low hanging tree branches.
(F) Clean windows.
(G) Remove trash and leaves.
(H) Make minor irrigation repairs and adjustments.
(I) Remove dead/diseased plant materials, trees, shrubs and/or
other vegetation.
(2) Interior: Janitorial services/minor repairs which shall include:
(A) Vacuum rugs.
(B) Clean and dust, mop floors
(C) Clean restrooms and provide janitorial supplies.
(D) Remove trash.
(E) Clean windows and walls.
(F) Make minor repairs, e.g., unplugging a stopped toilet,
replacing light bulbs which do not require ladders and
replacing grommets in a leaking faucet.
(G) The servicing of fire extinguishers.
(3) Personal property shall be maintained by COUNTY in the same condition as
it was upon commencement of this agreement, reasonable wear and tear
excluded. COUNTY and CITY agree to inspect and indicate the condition of
personal property upon commencement of this agreement.
(4) COUNTY may use supervised juveniles, such as those assigned
hours of community service, for maintenance and janitorial work.
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2003-239
(5) COUNTY will make repairs if damages are by (a) causes over which
COUNTY has control; (b) acts or omissions of COUNTY, or its
authorized representatives; (c) direct result of COUNTY's use.
10. AL TERAT/ONS: COUNTY shall not make any structural or exterior improvements or
alterations to the Premises without CITY's written consent. Any such alterations made shall remain on
and be surrendered with the Premises on expiration or termination of the agreement.
11. FIXTURES: COUNTY shall have the right during the term(s) of this agreement to install
shelving and fixtures, and make interior, non-structural improvements or alterations in the Premises.
Such shelving, fixtures, improvements, and alterations shall remain the property of the COUNTY and may
be removed by the COUNTY during the term(s) of this agreement or within a reasonable time thereafter,
provided that the COUNTY restores the Premises to the condition as it existed at the commencement of
this agreement, reasonable wear and tear excluded, or the COUNTY in its sole discretion may elect to
surrender all or any part of such shelving, fixture, improvements and alterations to the CITY, in which
case COUNTY will not be accountable for restoring the Premises. Any such election to surrender must
be in writing, but need not be accepted by CITY to be effective.
12. UTILITIES: CITY shall furnish to the Premises and pay all service charges and
related taxes for electricity, water, sewer, gas and trash services. CITY to determine the cost per square
foot for both buildings for utility services on an annual basis. CITY will bill county on a quarterly basis.
COUNTY shall reimburse CITY for 35% of all utility cosls (i.e. water, electrical and natural gas).
13. HOLD HARMLESS:
a. COUNTY agrees to indemnify, defend (with counsel approved by CITY) and hold
harmless the CITY, its authorized officers, agents, volunteers and employees
from any and all claims, actions, losses, damages, and/or liability arising out of
this lease from any cause whatsoever including the acts, errors or omissions of
any person and for any costs of expenses incurred by the CITY on account of
any claim therefore except where such indemnification is prohibited by law.
b CITY agrees to indemnify, defend (with counsel approved by COUNTY) and hold
harmless the COUNTY, its authorized officers, agents, volunteers and
employees from any and all claims, actions, losses, damages, and/or liability
arising out of this lease from any cause whatsoever including the acts, errors or
omissions of any person and for any costs of expenses incurred by the COUNTY
on account of any claim therefore except where such indemnification is
prohibited by law.
14. INSURANCE: CITY and COUNTY acknowledges that each party is legally self-insured
for Worker's Compensation up to statutory limits. The CITY is self-insured for comprehensive general
liability and automobile liability, and each party shall provide a certificate of self-insurance to the other.
The CITY and the COUNTY accept such self-insurance as satisfying the premises liability insurance and
workers' compensation requirements under the contract.
15. CITY'S DEFAULT: Except where another time limit is specifically provided, CITY shall be
in default of this agreement if it fails or refuses to perform any material provisions of this agreement that it
is obligated to perform if the failure to perform is not cured within ninety (90) days after notice of such
default has been given by COUNTY to CITY. If the default cannot be reasonably cured within ninety (90)
days, CITY shall not be in default of this agreement if CITY commences to cure the default within the
ninety- (90) day period and diligently and in good faith continues to cure the default.
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2003-239
16. COUNTY'S REMEDIES ON CITY'S DEFAULT: COUNTY, at anytime after CITY is in
default, can terminate this agreement or can cure the default at CITY's cost. IF COUNTY at anytime, by
reason of CITY's default, pays any sum or does any act that requires the payment of any sum, the sum
paid by COUNTY shall be due from CITY to COUNTY within five (5) days of notice of such sum (including
charges for COUNTY's employees and equipment), and if paid at a later date shall bear interest at the
maximum rate the COUNTY is permitted by law to charge from the date the sum is paid by COUNTY until
COUNTY is reimbursed by CITY.
17. COUNTY'S DEFAULT: The occurrence of anyone or more of the following events shall
continue a default and breach of this agreement by COUNTY:
a. The vacating for more than ninety (90) consecutive days or abandonment of the
Premises by COUNTY.
b. The failure by COUNTY to perform any material provisions of this agreement to
be performed by COUNTY where such failure shall continue for a period of thirty
(30) days after notice by CITY to COUNTY; provided, however, that if the nature
of COUNTY's default is such that more than thirty (30) days are reasonably
required for its cure, then COUNTY shall not be deemed to be in default if
COUNTY commences such cure within said thirty (30) day period and thereafter
diligently prosecutes such cure to completion. The purpose of this notice
requirement is to extend the notice requirements of the unlawful detainer statutes
of California.
18. CITY'S REMEDIES ON COUNTY'S DEFAULT: In the event of any material default by
COUNTY which is not cured by COUNTY, CITY may, at its election, terminate this agreement by giving
COUNTY thirty (30) days notice of termination. The purpose of this notice requirement is to extend the
notice requirement of the unlawful detainer statutes of California. On termination of the agreement for
default pursuant to this paragraph, CITY shall have the right to recover from COUNTY only any amount,
and court costs, necessary to compensate CITY for all detriment proximately caused by COUNTY's
default which CITY proves could not have been reasonably avoided.
19. CITY'S ACCESS TO PREMISES: CITY and its authorized representatives shall have the
right to enter the Premises at all reasonable times.
20. NOTICES
a. Any notice, demand, request, consent, approval, or communication that either
party desires or is required to give the other party or any other person shall be in
writing and either served personally or sent by prepaid, first-class mail. Any
notice, demand, request, consent, approval, or communication that either party
desires or is required to give to the other party shall be addressed to the other
party at the address set forth below. Either party may change its address by
notifying the other party of the change of address. Notice shall be deemed
communicated two (2) COUNTY working days from the time of mailing if mailed
as provided in this paragraph.
CITY's address:
City of San Bernardino
ATTN: Lemuel P. Randolph, Director
Parks, Rec. & Community Services Department
547 North Sierra Way
San Bernardino, CA 92410-4816
COUNTY's address:
Public Works Group
Real Estate Services Department
825 East Third Street, Room 207
San Bernardino, CA 92415-0832
6
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2003-239
21. INCORPORATION OF PRIOR AGREEMENT This agreement contains all of the
agreements of the parties hereto with respect to any matter covered or mentioned in this agreement, and
no prior agreement or understanding pertaining to any such matter shall be effective for any purpose.
22. WAIVERS: No waiver by either party of any provisions of this agreement shall be
deemed to be a waiver of any other provision hereof or of any subsequent breach by either party of the
same or any other provisions.
23. AMENDMENTS: No provision of this agreement may be amended or added to except by
an agreement in writing signed by the parties hereto or their respective successor in interest, expressing
by it terms an intention to modify this agreement.
24. SUCCESSORS: This agreement shall insure to the benefit of and be binding upon the
heirs, executors, administrators, successors, and assigns of the parties hereto.
25. SEVERABILITY: If any word, phrase, clause, sentence, paragraph, section, article, part
or portion of this agreement is or shall be invalid for any reason, the same shall be deemed severable
from the remainder hereof and shall in no way affect or impair the validity of this lease or any olher
portion thereof.
26. TIME OF ESSENCE: Time is of the essence of each provision of this agreement, which
specifies a time, within which performance is to occur. In the absence of any specific time for
performance, performance may be made within a reasonable time.
27. QUIET ENJOYMENT: Subject to the provisions of this agreement and conditioned upon
performance of all the provisions to be performed by COUNTY hereunder, CITY shall secure to COUNTY
during the agreement term the quiet and peaceful possession of the Premises and all right and privilege
appertaining thereto.
28. PROVISIONS ARE COVENANTS AND CONDITIONS: All provisions, whether covenants
or conditions, on the part of either party shall be deemed to be both covenants and conditions.
29. CONSENT: Whenever consent or approval of either party is required that party shall not
unreasonably withhold such consent or approval.
30.
reference.
EXHIBITS: All exhibits referred to are attached to this agreement and incorporated by
31. LAW: This agreement shall be construed and interpreted in accordance with the laws of
the State of California.
32. VENUE: The parties acknowledge and agree that this agreement was entered into and
intended to be performed in San Bernardino County, California. The parties agree that the venue for any
action or claim brought by any party to this agreement will be in San Bernardino County. Each party
hereby waives any law or rule of court, which would allow them to request or demand a change of venue.
If any action or claim concerning this agreement is brought by any third party, the parties hereto agree to
use their best efforts to obtain a change of venue to the Central District of San Bernardino County.
33. ATTORNEY'S FEES AND COSTS: If any legal action is instituted to enforce or declare
any party's rights hereunder, each party, including the prevailing party, shall bear its own costs and
attorney's fees This paragraph shall not apply to those costs and attorney's fees directly arising from any
third party legal action against a party hereto and payable under Paragraph 13, "HOLD HARMLESS".
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2003-239
,
34. RIGHT TO TERMINATE: The COUNTY or CITY shall have the right to terminate this
agreement at any time. COUNTY or CITY shall give the other notice of any termination pursuant to this
paragraph at least thirty (30) days prior to the date of termination In the event CITY terminates this
agreement pursuant to this paragraph; the COUNTY shall have the right to receive from CITY the
following amounts under this agreement:
a. The total amount which the CITY is entitled to receive based on the outstanding
utility cost shall be paid in a lump sum within thirty (30) calendar days of the date
of termination.
35. CAPTIONS, TABLE of CONTENTS AND COVER PAGE: The paragraph captions, table
of contents and the cover page of this lease shall have no effect on its interpretations.
36. SURVIVAL: The obligations of the parties which, by their nature, continue beyond the
term of this lease, will sUNive the termination of this lease.
37. INTERPRETATIONS: As this agreement was jointly prepared by both parties, the
language in all parts of this agreement shall be construed, in all cases, according to it fair meaning, and
not for or against either party hereto.
END OF AGREEMENT TERMS.
COUNTY OF SAN BERNARDINO
CITY O~SAN BERNARDINO
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Dated:
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Mayor
By
Attest:
By~IJ.~
Title:
City Clerk
Dated:
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Date:
'iii':~u",d
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APPROVED AS TO FORM AND
LEGAL CONTENT:
Approved as to Legal Form:
RONALD D REITZ, County Counsel
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Dated tJ-,?o-03
~
JAMES F. PENMAN
City Attorney
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(As of August 13, 2003)
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