HomeMy WebLinkAbout2000-051
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2000-51
Resolution No.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF SAN
BERNARDINO APPROVING A SUBLEASE OF CERTAIN crn PROPERlY
LEASED TO THE BOYS CLUB (COUNlY PRESCHOOL SERVICES).
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CIlY OF SAN BERNARDINO AS FOLWWS:
WHEREAS, by that certain lease dated November 25, 1981, the City has leased certain
property to the Boys Club, located at 1180 West Ninth Street in San Bernardino, and
WHEREAS, such lease has been amended from time to time, and
WHEREAS, the Boys' Club desires to sublet a portion of the leased premises to the
County of San Bernardino (preschool Services) for their HeadStart program, and
WHEREAS, Section 10 of said Lease requires prior written consent of the City to any
sublease of said property, and
WHEREAS, by Resolution 94-332, the City approved the Sublease between the Boy's
Club and the County of San Bernardino (preschool Services), and
WHEREAS, the County now desires to exercise its second of three one-year options to
extend the term of the Sublease;
NOW, THEREFORE, be it resolved by the Mayor and Common Council of the City of
San Bernardino that the Fifth Amendment to the Sublease from the Boys Club to the County of
San Bernardino (preschool Services) extending the term by one year, attached hereto as Exhibit A
and incorporated herein is hereby approved.
I I I I I
I I I I I
IIIII
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2000-51
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF SAN
BERNARDINO APPROVING A SUBLEASE OF CERTAIN CITY PROPERTY
LEASED TO THE BOYS CLUB (COUNTY PRESCHOOL SERVICES).
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a joint: regularmeeting thereof, held on
the 6t:h
Council Members:
ESTRADA
LIEN
MCGINNIS
SCHNETZ
SUAREZ
ANDERSON
MILLER
March
. 2000, by the following vote, to wit:
day of
Ayes
Nays
--.L
x
x
x
x
x
Abstain
Absent
x
~ h, CL-a~
City Clerk
ofh--
The foregoing resolution is hereby approved this
March . 2000.
Approved as to form and
Legal con tent;
James F. Penman, City Attorney
~ 7- k>u'JJY:J-,
,
day of
Li.a~
dith Valles, Mayor
ity of San Bernardino
MAR702-00 ,10:21
Mar-02-2000 10:25am
3033872773
2000-51
From-COUNTY OF BDNO REAL STATE
P02
9093972779
R-2EO
T-m
Job-03E
P 002
HIO
R........"'.,., ""VI"II~....n""''''I'''Vn IV II......."''"' 'VI ~u.-...n.....I.;J\,6fta:J
'-= SAN BERNARDINO COUNTY, CwLlFORNIA
AND RECORD OF ACfION
December 14,1999
FROM:
MANUEL AHUERO, Director
Real Estate Services Department
SUBJECT:
FIFTH AMENDMENT FOR PRESCHOOL SERVICES DEPARTMENT IPSO) IN SAN
BERNARDINO
RECOMMENDATION:
1. Approve the Fifth Amendment to Sublease Agreement, Contract No. 94-1120, with the Boy's Club of
San Bernardino, Inc" for PSD's classroom and office space located at 1180 West Ninth Street in
San Bernardino.
2. Authorize the Auditor/Controller to increase both the Rent Appropriations Budget, Unit No, AAA-
RNT-2905 and the Reimbursement Account No. AAA-RNT-5041 by the amount of $25,150.80.
BACKGROUND INFORMATION: On November 1, 1994, the Board of Supervisors approved a
sublease agreement with the Boy's Club of San Bernardino, Inc., Contract No. 94-1120. The Premises
subleased by PSD includes 6,300 square feet of classroom space and 8,471 square feet of playground
area located at 1160 West Ninth Street in San Bernardino. The First through Fourth Amendments to the
lease each extended the term one year.
The Fifth Amendment exercises PSD's second of three one-year options to extend the term of the lease
from November 1, 1999 through October 31, 2000. The monthly lease payment has been adjusted from
$4.098.26 ($.65/sq. ftJmo. modified gross) to $4,191.80 ($.67/sq. ftJmo. modified gross) based on the
change in the Consumer Price Index. The County has the right to terminate the lease with 3D-days
notice.
REVIEW BY OTHERS: This agenda item has been reviewed by PSD and approved as to legal form by
Chief Deputy County Counsel, Rex Hinesley on September 22, 1999.
FINANCIAL IMPACT: The monthly lease payment of $4,191.60 ($.67/squarefootlmodified gross) will be
paid from the County's Rent Budget (AAA-RNT-2905) and will be reimbursed from PSD's budget. PSD
is also responsible for its pro-rata share of utilities, janitorial services and interior maintenance.
SUPERVISORIAL DISTRICT: 5
PRESENTER: Manuel Ahuero
cc:
RES w/agree.
Contractor w/agree. CIa RES
AUditor w/agree.
SBD w/agree.
PSD Admin.
HSS Bldg. & Finance w/agree
HSS
File w/agree.
Rev 07/97
rdm
MOVE
5
EARL
BY
ITEM 039
MAR~02-00 ,10:21 9093812779
Mar-02-2000 10:25am From-COUNTY OF BDNO REALSTA~OOO-51
P03
8083812119
R-260 Job-036
T-438 P003 F-OIO
run I..UUIV I r uo>t:' , f
e
E \ ew
Vendor Cede
"-......Pt. COf1tfact Number
M X Cnange
X Caneel
County Department
Real ESla:re Services De arttnem
County Department Contract Representative
Jim White, Executive Director
Fund Dept. OrganiZalion
94-1120 A-S
DepI. Orgo. Contractor's Ucense No.
pn. E'XI. Amount of ConrraCl
7-2355
Obi/Rev Source Activity GRC/PROJ/JOB Number
County of San Bernardino
FAS
STANDARD CONTRACT
Estimated Payment Total by Fiscal Year
Amount I/O FY Amount
Commodity Code
FY
I/O
Project Name
FIFI'H AMENDMENT
SAN BERNARDINO -
Preschool Services Dept.
Bo 's Club
THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereinafter
called the County, and
Name
BOY'S CLUB OF SAN BERNARDINO, INC.
Address
1180 WEST 9TH STREET
hereinafter called
SUBLANDLORD
SAN BERNARDINO, CA 92411
Phone Birth Oats
(909) 888-6751
FedsrallD No. or Social Security No.
95-2508873
IT IS HEREBY AGREED AS FOLLOWS:
(Use space below anCl aClditional bond sheots. Set forth saMce to be rendered. amOunt to be paid. manner of PByment, time for performance or
completion, det€JrminBrion of satisfactory performance and cause for ti)rmiflatiofl, other terms and conditions, and attach plans. specifications, and
addenda. if any.)
WHEREAS, the COUNTY and SUBLANDLORD have previously entered into a Lease Agreement,
Contract No. 94-1120, wherein SUBLANDLORD agreed to lease certain real property to the COUNTY; and,
WHEREAS, the COUNTY desires to exercise its second of three (3) one-year options to extend the term
ofthe lease; and,
NOW, THEREFORE, in consideration of mutual covenants and conditions, the parties hereto agree the
Lease Agreement, Contract No, 94-1120, is amended as follows:
1-
October 31,
($4,191.80).
Extend the tenn of the lease as provided in Paragraph 3, TERM, from November I, 1999 through
2000, at the monthly rent of FOlU Thousand One Hundred Ninety One and 80/100 Dollars
**....
******
******
Lx 1;/1/114
MAR~01-00 ,10:11 9093871779 2000-51 P 04 R-160
Mar-01-1000 10:15am From-COUNTY OF BONO REALSTATE 9093871779 T-439
........ .....~......... ,.....................'u ....... ~~....._- -- ........ ~.....~~ ....0......................,..... ..._~. ....-.
amended, sh.all remain the same ari.......a.e hereby incorporated by reference. ''_''
Job-036
P 004 HIO
'" . .. ......_, -.. t"....................)
END OF FlFTH AMENDMENT
COUNTY OF SAN BERNARDINO
Dated:
Is, Chairman, Board of Supervisors
DEe 14 1999 #.jq
By ~
Name: Clifford Hacknev
(Print Dr tYpf} nome of person signing contract}
Approve
Title: Executive Director
(Print or Type)
Dated:
Address: 1180 West Ninth Street
Sen Bernardino CA 92411
Reviewed by Contract Compliance
Reviewed for Processing
~
~
Agency Administrator/CAO
Date
9-9'-7'7'
Date
Dale
'0"'...."'''1......,
.
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2000-51
(
RESOLUTION NO. q4-11?
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO APPROVING A SUBLEASE OF CERTAIN CITY PROPERTY
LEASED TO THE BOYS CLUB.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
WHEREAS, by that certain lease dated November 25, 19B1, the
City has leased certain property to the BOyS Club, and
WHEREAS, such lease has been amended from time to time, and
WHEREAS, the BOy'S Club desires to sublet a portion of the
leased premises to-the County of San Bernardino, and
WHEREAS, Section 10 of said Lease requires prior written
consent of the City to any sublease of said property,
NOW, THEREFORE, be it resolved by the Mayor and Common
Council of the City of San Bernardino that the sublease from the
Boys Club to the County of San Bernardino in the form of the
"Lease Agreement" attached hereto and incorporated herein is
approved.
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
DAB/js (BClub.Res]
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2000-51
(
94-332
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO APPROVING A SUBLEASE OF CERTAIN CITY PROPERTY
2 LEASED TO THE BOYS CLUB.
I HEREBY CERTIFY that the foregoing Resolution was duly
adopted by the Mayor and Common Council of the City of
San Bernardino at a
regular
meeting thereof, held on the
17th day of. October
, 1994, by the following vote, to-wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
NEGRETE
x
CURLIN
x
HERNANDEZ
x
OBERHELMAN
x
DEVLIN
x
POPE-LUDLAM
x
MILLER
x
Cit~~ ~
The foregoing Resolution is hereby approved this ~ 1J:.. day
of
October
, 1994.
Ralph Hernandez, Mayor pr
City of San Bernard
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
1
By:
+.i~
DAB/js [BClub.Res]
2
- .
94-332
2000-51
FOR COUNTY USE ONL Y
Vendor Code "'ot.
Contrlct Number
~
E law
M ";hlnge
X Cancel
County Department
PRESCBooL SERVICES
sc
A
Oopt.
Orgn.
Contracto,', Uce"se No.
INC.
County of San Bernardino
FAS
CONTRACT TRANSMITTAL
County Olpenment Contract Repre.lnUltivl Ph. Ext.
BUNN, EXEC. DIR.
Organi:ution Appr. Obj/Rev Source
Amount of Contract
Activity GRCIPROJ/JOB Num~'
Commodity Code
Eltlmotod Poymont Totol by Fileol Vo..
Amount 110 FY Amount
110
FY
ProlllCt Nomo
SAN BDNO - PSD
BOX.::; CLUtJ
CONTRACTOR
BOY'S CLUB OP SAN BERNARDINO, INC.
Birth Date
Federal 10 No. or Social Security No.
95-2508873
Contractor's Representative
JERRY BERNDON
Address 1180 NEST NINTB ST., SAN BERNARDINO, CA 92411 PhonB
(909) 888-6751
Nature of Contract: (Briefly dtlScribe rhe Qflnera/rerms of rhe contracr)
This Lease Contract is for one (1) year with three (3) one-year options to extend. Leased
Premises consist of 6,300 gross square feet of building imd 8,471 square f~i of playground
area. '", -:\..;.-'
-".-:-:,
___':~...~. "'::~'~1r.
LANDLORD shall provide all exterior maintenance to iDcltid~ gr01.lnds, parking lot and
exterior lighting. LANDLORD to pay water, trash and s~wer.
COUNTY shall pay for minor interior maintenancC, janitorial, I.I!d m:liizitain the playground
area and pay its pro rata shareofutiliti~ and security. ".'~ -e~i\ ~>..' 0 -<,.:
.ao>.\ '~~ - "':-'.\"-:;'~i ;s...... '-:. : '.;
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(Attach rhis rransmirra/ro all conrracrs nor prepared on rhe "Srandard Conrracr" form.1
Appro....d .. to Levll Form
R....i.w.d II to Affirmltiv. Action
R.vi.wed for Procnsing
~ SEE SIGNATURE PAGE
County CounHI
Ooto
OZ.122M-OOG ..... "/10
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AVoncy Adminiauoto,/CAO
Doto
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...1.
2000-51
(
EXHIBIT "D"
COUNTY'S ALTERATIONS
COUNlY. at COUNTY's expense, shall make the following alterations to the Premises leased:
A Bath room: Install six (6) toilets, five (5) sinks and one (1) urinal as shown on Exhibi
"A" Premises Leased.
B. Paint all interior walls.
C. Install 9' by 9' ClIIpet in classroom.
D. Install tricycle trail and playground equipment in playground area.
E. Plant one (1) tree.
F. Fence playground area.
,
..
2000-51
(
TABLE OF CONTENTS
PARAGRAPH CAPTION
1 PARTIES
2 PREMISES LEASED
3 TERM
4 RENT
S OPTION TO EXTEND TERM
6 RETURN OF PREMISES
7 HOlDING OVER
8 TAXES
9 USE
10 HEAL1H, SAFETY & FIRE CODE REQUIREMENTS
11 SIGNS
12 MAINIENANCE
13 ALlERATIONS
14 FIXIURES
15 U'IUlTIES
16 HOlD HARMI.ESS
17 INSURANCE
18 DESTRUcnON OF PREMISES
19 . LANDLORD.S DEFAULT
20 . .. COUNTY'S REMEDIES ON LANDLORD'S DEFAULT
21 COUNTY'S DEFAULT
22 LANDLORD'S REMEDIES ON COUNTY'S DEFAULT
23 LANDLORD'S ACCESS TO PREMISES
24 NOTICES
2S INCORPORATION OF PRIOR AGREEMENT
26 WAIVERS
1:1 AMENDMENTS
28 SUCCESSORS
29 SEVERABn.rrY
30 11MB OF ESSENCE
31 QUIET ENJOYMENT
32 PROVISIONS ARE COVENANTS & CONDmONS
33 CONSENT
34 EXHIBITS
3S lAW
36 JURY TRIAL WAIVER
37 COUNTY'S RIGlIT TO TERMINATE LEASE
38 CAPTIONS, TABLE OF CONTENTS & COVER PAGE
39 SURVIVAL
40 INTERPRETATIONS
Exhibit "A" Premises Leased
Exln"bit "B" County's Alterations
1---
COUNtY OF SAN BERNARDINO
2000-51
LEASE AGREEMENT
LANDLORD:
Boy's Oub of San Bernardino, Inc.
1180 West Ninth Street ~
San Bernardino, Ca 92411
COUNTY:
COUNTY OF SAN BERNARDINO
Preschool Services Department
250 South Lena Road
San Bernardino, CA 92408
PREMISES:
6,300 square feet of the west wing of the buDd;"g &: 8,471 square feet
of playground located at:
1180 West Ninth Street
San Bernardino, CA 92411
.<
TERM OF , .1U.~.: One (1) year with three (3) one-year options to extend
COMMENCEMENT DATE OF LEASE: Upon execution by County
COUNTY CONTRAcr NUMBER:
REV. 5f1A/fJ4
2000-51
LEASE AGREEMENT
1. PARTIES: This lease is made between the Boy's Oub of San Bernardino,
Inc., a non-profit California Corporation ("lANDLORD"), and the County of San
Bernardino ("COUNTY"), who agree as follows:
2. PREMISES T .RA!ilED: lANDLORD leases to COUNTY and COUNTY
leases from lANDLORD 6,300 square feet of the building and 8,471 square feet of
playground area and other improvements located at 1180 West Ninth Street, San
Bernardino, California ("Premises") as described in Exhibit "A".
3. TERM: This lease shall commence upon execution by COUNTY and end
twelve (12) months thereafter.
4. RENT: COUNTY shall pay to lANDLORD monthly rental payments due
and payable on the tenth (10th) of each month in the amount of Three Thousand Nine
Hundred Six and 00/100 Dollars ($3,906.00).
Rent for any partial month shall be prorated based on the actual number of
days of the month. All rent shall be paid to lANDLORD at the address to which notices
to LANDLORD are given.
S. OPTION TO EXTEND TERM: lANDLORD gives COUNTY the option to
extend the term of the lease on the same provisions and conditions, except for the mconthly
rent, for three (3) one-year periods ("extended terms") following expiration of the initial
term, by COUNTY giving notice of its intention to exercise the option to lANDLORD
prior to the expiration of the preceding term or during any holding over pursuant to
Paragraph 7, "HOLDING OVER." The rent for each extended term shall be adjusted by
good faith negotiation of the parties to the fair market rental then prevailing based upon
the rental rates of comparable leased property in San Bernardino County. H the parties
have been unable to agree upon the said fair market rental rate within five (5) months of
the COUNTY's notice to exercise an option for an extended term, said fair market rental
rate shall be determined through arbitration conducted in accordance with the Commercial
Arbitration Rules of the American Arbitration Association. H the fair market rental rate
is determined by arbitration, the COUNTY has the right to terminate the lease by giving
termination notice to the lANDLORD within thirty (30) days of being notified of the new
fair market rental rate.
6. RETIJRN OF PREMISES: The COUNTY agrees that it will, upon the
termination of this lease or any extension thereof, return the Premises in as good condition
and repair as the Premises now are or shall hereafter be put; reasonable wear and tear
excepted.
7. HOLDING OVER: In the event the COUNTY shall hold over and continue
to occupy the Premises with the consent of the lANDLORD, expressed or implied, the
tenancy shall be deemed to be a tenancy from month-to-month upon the same terms and
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2000-51
conditions, including rent, as existed and prevailed at the time of the expiration of the term
of this lease.
8. TAXES: LANDLORD shall pay all real property taxes, and general and
special asse!Cft'lents levied and assessed against the Premises.
9. llSE& COUNTY shall occupy and use the Premises during the term hereof
for the purposes of COUNTY business. .
10. REALm, SAFETY AND FIRE CODE REOUlREMENTS: As a condition
precedeni to the existence of this lease, LANDLORD, at its sole expense. 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 leased Premises be in anyway prejudiced or prevented due to changes in
the ADA, the Health, Safety or FIre Codes for Public Buildings, the LANDLORD herein
shall correct, update and comply with said changes at LANDLORD's cost.
11. SIGNS: COUNTY will display from the windows and/or marquee of the
Premises only such sign or signs as are not prohibited by law.
12. MAINTENANCE:
a. Except as specifically provided in subparagraph 10<1, below,
LANDLORD 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 structUral parts 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 LANDLORD 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 conditioner, heating and ventilating systems servicing the
Premises, and;
(5) The grounds, including all parking areas and outside lighting,
grass, trees, shrubbery and other flora.
(6) The servicing of fire extinguishers or any other fire suppression
equipment attached to the facility.
2
2000-51
b. U\NDLORD at its cost shall repair the Premises if they are damllged
by (1) causes over which COUNTY has no control; (2) acts or omissions of lANDLORD,
or its authorized representatives.
c. lANDLORD shall have ten (10) days after notice from COUNTY to
commence to perform its obligation under this paragraph, except that lANDLORD shall
. perform its obligations immediately if the nature of the problem presents a material hazard
or emergency. H LANDLORD does not perform its obligations within the time limitations
in this paragraph, COUNTY after notice to lANDLORD can perform the obligations and
have the right to be reimbursed for the sum it actually and reasonably expends (including
charges for COUNTY employees and equipment) in the performance of lANDLORD's
obligations. H LANDLORD does not reimburse COUNTY within ten (10) days after
demand from COUNTY, COUNTY shall have the right to withhold from future rent due
the sum COUNTY has expended until COUNTY is reimbursed in full. A1rj notice or
demand concerning a material hazard or emergency may be made orally by telephone or
otherwise, provided that written confirmation is given within five (5) days after the oral
notice of demand is made. Such confirmation shall be made as provided in Paragraph 24,
"NOTICES.' .
d. COUNTY, at its cost, shall: (1) provide interior maintenance and
janitorial services, and keep the interior of the Premises in a clean and orderly condition,
reasonable wear and tear excluded and (2) maintain in good condition the playground ar~
13. ALTERATIONS: COUNTY shall not make any structural or exterior
improvements or alterations to the Premises without LANDLORD's consent. A1rj such
alterations made shall remain on and be surrendered with the Premises on expiration or
termination of the lease. LANDLORD does hereby give COUNTY its consent to the
alterations as shown on Exb.1bit "B", County's Alterations.
14. FIXTURES: COUNTY shall have the right during the term(s) of this lease
to install shelving and fixtures, and make interior, non-structural improvements or alterations
in the Prem;c~s. 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
lease or within a reasonable time thereafter, provided that the COUNTY restores the
Premises to the condition as it existed at the commencement of this lease, 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 LANDLORD, in which
case COUNTY shall have no duty to restore the Prt'mices. A1rj such election to surrender
must be in writing, but need not be accepted by LANDLORD to be effective.
15. tmLITIES: LANDLORD shall furnish to the Premises and pay all service
charges imd related taxes for water, sewer, trash, electricity, gas and security. LANDLORD
shall bill COUNTY monthly; and COUNTY shall pay its pro rata share of twenty-six
percent (26%) of all utilities and security for the Premises. COUNTY shall furnish and pay
for its own telephone service.
......
3
2000-51
16. HOLD HARMLESS:
a. COUNTY agrees to indemnify LANDLORD for liability or claim for
d"m"ge for personal injury, death or property damage resulting from the COUNTY's
negligent acts or omissions on the Premises during the term of the lease.
b. LANDLORD agrees to indemnify, defend and hold hllI'mless the
COUNfY, its officers, agents, volunteers and employees from any and all liabilities for
injury to persons and i1"m"ge to property to or upon the demised Premises arising out of
any act or omission of LANDLORD, its agents or invitees.
17. INSURANCE:
a. COUNTY is a public entity and is self-insured.
b. LANDLORD shall, at its own expense, obtain and m,,;nt,,;n the
following types and amounts of insurance during the entire term of this lease.
(1) Premises liability with combined single limits of $1,000,000.00
including bodily injury/death and/or property o"m"ge.
(2) Fue Insurance: Standard fire and extended coverage insurance,
with wnil"Hmt and malicious mischief endorsements to the extent of at least forty percent
(40%) of the full replacement value of the Premises.
(3) Workers' Compensation Insurance: A program. of workers'
compensation insurance or a state-approved self-insurance program. in an amount and form
to meet all applicable requirements of the Labor Code of the State of California, including
Employer's liability with Two Hundred Fifty Thousand and 00/100 Dollars ($250,000.00)
limits, covering all persons providing services on behalf of the LANDLORD and all risks
to such persons under this agreement.
c. LANDLORD shall immediately furnish certificates of insurance to the
COUNfY evidencing the above required insurance coverage upon the commencement of
this lease. Within sixty (60) days of the commencement of this lease the LANDLORD shall
furnish the COUNfY certified copies of the policies and endorsements.
d. COUNfY shall be an additional named insured under all said policy
or policies of insurance. All insurance required shall be maintained in full force at all times
during this lease by LANDLORD. LANDLORD shall be required to inform COUNTY in
writing of any change. expiration or renewal of any insurance policy or policies at least thirty
(30) days prior to the effective date of change. Further, each policy shall provide that same
shall not be cancelled until a thirty (30) day written notice of cancellation has been mailed
to Public Works Group - Real Estate Services Deparnnent, 825 East Third Street, San
Bernardino, CA 92415-0832. All such policies shall contain language to the effect that, (1)
the insurer waives the right of subrogation against COUNTY and against any and all of
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2000-51
COUNTY's officials, officers, employees, agents and representatives; and, (2) the policies
are primaIy and non-contributing with any insurance that may be carried by COUNIY.
e. The above insurance requirements are subject to periodic review by the
COUNTY. The COUNTY's Risk Manager is authorized, but not required, to reduce or
waive any of the above insurance reqUirements whenever the Risk Manager determines that
any of the above iDsurance is not available, is unreasonably priced, or is not needed to
protect the interests of the COUNTY. In addition, if the Risk Manager determines that
. heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits
become reasonably priced or available, the Risk Manager is authorized, but not required,
to change the above insurance requirements to require additional types of insurance
coverage or higher coverage limits, provided that any such change is reasonable in light of
past "JlI;m.. against the COUNTY, inflation, or any other item reasonably related to the
COUNTY's risk.
(1) Any such reduction or waiver for less than the entire term of the
lease (including any option periods) must be in writing and signed by the Risk Manager to
be effective.
(2) Any such reduction or waiver for the entire term of the lease
(including any option periods) and any change requiring additional types of insurance
coverage or higher coverage limits must be made by amendment to this lease.
lANDLORD agrees to execute any such amendment within thirty (30) days of receipt.
f. In the event COUNTY receives a thirty (30) day notice of cancellation
concerning any of the required policies, or should lANDLORD fail to have in effect the
required coverage at anytime during this lease, COUNTY may give notice to lANDLORD
to reinstate or acquire the affected coverage. Should LANDLORD fail to reinstate or
acquire the affected coverage within ten (10) days of COUNTY's notice to reinstate or
acquire such coverage, COUNTY may either terminate the lease, reinstate or acquire the
affected coverage, and LANDLORD shaIl reimburse COUNTY for the necessazy cost at
COUNTY's option. If LANDLORD does not reimburse COUNTY within ten (10) days
after demand by COUNTY, COUNTY shall have the right to withhold from future rent due
the sum COUNTY has expended until COUNTY is reimbursed in full
18. DESTRUCl'ION OF PREMISES:
a. If, during the term of this lease, any casualty renders ten percent (10%)
or less of the floor space of the Premises unusable for the purpose intended, LANDLORD
shall commence restoration of the Premises within thirty (30) days of notice of the casualty
and shall thereafter diligently pursue complete restoration of the Premises within a
reasonable time. If LANDLORD does not perform the restoration obligations of this
subparagraph within the time limitations set forth, COUNTY may, at its option and in its
sole disaetion, after notice to LANDLORD, perform the obligations and have the right to
be reimbursed for all sums it actually and reasonably expends (including charges for County
employees and equipment used) in the performance of LANDLORD's obligations, or
COUNTY may terminate this lease by notice to LANDLORD. . If COUNTY performs
5
2000-51
lANDLORD's obligations under this subparagraph, and lANDLORD does not reimburse
COUNTY within thirty (30) days after demand from COUNTY, COUNTY shall have the
right to withhold from future rent due the sum COUNTY has expended until COUN1Y is
reimbursed in full, or institute an action to collect the amount expended without first
withholding rent due.
b. If during the term of this lease, any casualty renders more than ten
percent (10%) but less than twenty-five percent (25%) of the floor space of the Premises
unusable for the purpOse intended, LANDLORD shall commence restoration of the
Premises within ninety (90) days of notice of the casualty and shall thereafter diligently
pursue complete restoration of the Premises within a reasonable time. If LANDLORD does
not perform the restoration obligations of this subparagraph within the time limitations set
forth, COUNTY may, at its option and in its sole discretion, after notice to lANDLORD,
perform the obligations and have th.e right to be reimbursed for all sums it actually and
. reasonably expends (including charges for County employees and equilment used) in the
performance of lANDLORD's obligations, or COUNTY may terminate this lease by notice
to LANDLORD. If COUNTY performs LANDLORD~s obligations under this
subparagraph, and LANDLORD does. not reimburse COUNTY within thirty (30) days after
demand from COUNTY, COUNTY shall have the right to withhold from future rent due
the sum COUNTY has expended until COUNTY is reimbursed in full, or institute an action
to collect the amount expended without first withholding rent due.
Co If, during the term of this lease, any casualty renders at least twenty-five
percent (25%) but less than forty percent (40%) of the floor space of the Pr~m;_c nm'Iable
for the purpose intended, COUNTY shall within thirty (30) days of the casualty and at its
option and in its sole discretion, terminate this lease by notice to LANDLORD or request
lANDLORD to restore the Premises. If COUNTY requests lANDLORD to restore the
. Premises, the LANDLORD shall either terminate this lease by notice to COUNTY within
ten (10) days of receiving COtJN"IYs request for restoration or commence restoration of
the Premises within ninety (90) days of receiving COtJN"IYs request for restoration and
thereafter diligently pursue complete restoration of the Premises within a reasonable time.
If lANDLORD does not terminate the lease and does not perform the restoration
obligations of this subparagraph within the time limitations set forth, COUNTY may, at its
option and in its sole discretion, after notice to lANDLORD, perform the obligations and
have the right to be reimbursed for all sums it actually and reasonably expends (including
charges for County employees and equipment used) in the performance of lANDLORD's
obligations, or COUNTY may terminate this lease by notice to LANDLORD. If COUNTY
performs LANDLORD's obligations under this subparagraph, and LANDLORD does not
reimburse COUNTY within thirty (30) days after demand from COUNTY, COUNTY shall
have the right to withhold from future rent due the sum COUNTY has expended until
COUNTY is reimbursed in full, or institute an action to collect the amount expended
without first withholding rent due.
d. If, during the term of the lease, any casualty renders forty percent
(40%) or more of the floor space of the Premises unusable for the purpose intended, this
lease shall be terminated as of the date of the casualty. If the lease is terminated pursuant
to this subparagraph, COUNTY shall have a reasonable time to vacate the Premises, and
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shall not be required to pay rent during the reasonable time required to vacate the
Premises.
e. In the event there is a destruction of a portion of the Premises as set
out in paragraphs "a", "be, and "c" above, there shall be an abatement or reduction of the
rent between the date of destruction and the date of completion of restoration or the date
of termination of this lease, whichever comes first. The abatement or reduction of the rent
shall be in the percentage as the percentage of unusable floor space. Unusable floor space
for the purpose of calculating the percentage of rent abatement or reduction shall include
not only that floor space which is rendered unusable for the pwpose intended by the
casualty itself, but any additional floor space which is not usable for the purpose intended
because of restoration or ~imi111r activities.
f. In the event there is a destruction of a portion of the Premises as set
out in subparagraphs "a", "be, and "c" above, and the lease is not terminated because of such
destruction, LANDLORD agrees to use any and all insurance proceeds received for said
destruction in the restoration of the Premises.
g. In the event LANDLORD is required to restore the Premises as
provided in this paragraph, LANDLORD shall restore, at LANDLORD's expense, any
structural or exterior improvements or alterations to the Premises made by COUNTY
pursuant to Paragraph 13, "ALTERATIONS,' of this lease, but shall not be responsible for
restoring any shelving, fixtures, or interior nonstructural improvements or alteration mBde
by the COUNTY pursuant to Patagraph 14, "FIXTURES," of this lease.
h. It is the purpose and intent of this paragraph to determine who shall
bear the initial responsibility for restoration of the Premises in the event of any such
destruction and not to determine the party responsible for the ultimate costs of such
restoration.
19. LANDLORD'S DEFAULT: Except where another time limit is specificaIly
provided,-LANDLORD shall be in default of this lease if it fails or refuses to perform any
material provisions of this lease that it is obligated to perform if the failure to perform is
not cured within thirty (30) days after notice of such default has been given by COUNTY to LANDLORD. If the default cannot be reasonably be cured within thirty (30) days,
LANDLORD shall not be in default of this lease if LANDLORD commences to cure the
default within the thirty (30) day period and diligently and in good faith continues to cure
the default.
20. COUNTY'S REMEDIES ON LANDLORD'S DEFAULT: COUNTY, at
anytime after LANDLORD is in default, can terminate this lease or can cure the default
at LANDLORD's cost. If COUNTY at anytime, by reason of LANDLORD'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 LANDLORD to COUNTY within five (5) days of notice of such sum, at
the time the sum is paid, 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 LANDLORD. .If LANDLORD fails to reimburse
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COUNTY as required by this paragraph, COUNTY shall have the right to withhold from
future rent due the sum COUNTY has paid until COUNTY is reimbursed in full for the
sum and interest on it. The remedies set forth in this paragraph are in addition to and do
not in any manner limit other remedies set forth in particular paragraphs of this lease.
21. COUNTY'S DEFAULT: The occurrence of any one or more of the following
events shall constitute a default and breach of this lease by COUNTY:
a. The vacating for more than thirty (30) consecutive days or
abandonment of the Premises by COUNTY.
b. The failure by COUNTY to perform any material provisions of this
lease to be performed by COUNTY, including the payment of rent, where such failure shall
continue for a period of thirty (30) days after notice by LANDLORD 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.
22.. LANDLORJ>'S REMEDmS ON COUNTY'S DEFAULT: In the event of any
material defaUlt by COUNTY which is not cured by COUNTY, LANDLORD may, at its
election, terminate this lease 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 lease for default pursuant to this
paragraph, LANDLORD shall have the right. to recover from COUNTY only the following
amounts for any and all damages which play be the direct or indirect result of such default
a. The worth, at the time of the award, of the unpaid rent that has been
earned at the time of termination of this lease; and
b. The worth, at the time of the award, of the amount by which the unpaid
rent that would have been earned after the date of termination of this lease until the time
of award exceeds the amount of the loss of rent that LANDLORD proves could not have
been reasonably avoided; and
Co The worth, at the time of the award, of the amount by which the unpaid
rent for the balance of the term after the time of award exceeds the amount of the loss of
rent that LANDLORD proves could not have been reasonably avoided; and
d. Any other amount, and court costs, necessary to compensate
LANDLORD for all detriment proximately caused by COUNTY's default which
LANDLORD proves could not have been reasonably avoided.
-xbe worth, at the time of the award," as used in "a" and "b" of this paragraph,
is to be computed by allowing interest at the mllYimum rate an individual is permitted by
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law to charge. "'The worth, at the time of the award," as referred to in .c. of this paragraph,
is to be computed by discounting the amount at the discount rate of the Federal Reserve
Bank of San Francisco at the time of the award, plus one percent (1%).
23. LANDLORD'S ACCESS TO PREMISES: LANDLORD and its authorized
representatives shall have the right to enter the Premises at all reasonable times for any of
the following purposes:
a. To determine whether the Premises are in good condition;
b. To do any necessary maintenance and to make any restoration to the
Premises that LANDLORD has the right or obligation to perform.
e. To serve, post, or keep posted any notices required by law;
d. To post "for sale" signs at anytime during the term, to post "for rent"
or "for lease. signs during the last three (3) months of the term; and
e. To show the Premises to prospective brokers. agents. buyers. tenants.
lenders or persons interested in an exchange, at anytime during the term.
LANDLORD shall conduct its activities on the. Premises as allowed in this
paragraph in a manner that will cause the least possible inconvenience, annoyance,' or
disturbance to COUNTY.
24. NOTICES: Any notice, demand, request, consent, approval, or communication.
that either party desires or is required to give to 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 mllm...g if mailed as provided in this paragraph.
LANDLORD's address: Boy's Oub of San Bernardino, Ine.
1180 West Ninth Street
San Bernardino, CA 92411
COUNTY's address: Preschool Services Department
250 South Lena Road
San Bernardino, CA 92408
25. INCORPORATION OF PRIOR AGREEMENT: This lease contains all of the
agreements of the parties hereto with respect to any matter covered or mentioned in this
lease, and no prior agreement or understanding pertaining to any such matter sha1l be
effective for any purpose.
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26. WAIVERS: No waiver by either party of any provisions of this lease 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.
Xl. AMENDMENTS: No provision of this lease may be amended or added to
except by an agreement in writing signed by the parties hereto or their respective succeSsor
in interest, expr~uing by its terms an intention to modify this lease.
28. SUCCESSORS: This lease shall inure to the benefit of and be binding upon
the heirs, executors, arlmini~trators, successors, and assigns of the parties hereto.
29. SEVERABILITY: If any word, phrase, clause, sentence, paragraph, section,
article, part or portion of this lease is or sha1l 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 other portion thereof.
30. TIME OF ESSENCE: Tune is of the essence of each provision of this lease
which specifies a time within which performance is to .occur. In the absence of any specific:
time for performance, perforri1ance may be made within a reasonable time.
31. QUIET ENJOYMENT: Subject to the provisions of this lease and conditioned
upon performance of all the provisions io be performed by COUNTY hereunder,
LANDLORD sha1l secure to. COUNTY during the lease term the quiet and peaceful
possession of the Premises and all right and privilege appertaining thereto.
32 ~OVlSIONS ARE. COVENANTS AND CONDmONS: .All provisions,
whether covenants or conditions, on the part of either party shall be deemed to be both
covenants and conditions.
33. CONSENT: Whenever consent or approval of either party is required that
party shall not unreasonably withhold such consent or approval.
34. EXHIBITS: All exhibits referred to are attached to this lease and
incorporated by reference.
35. LAW: This lease shall be construed and interpreted in accordance with the
laws of the State of California.
36. nIRY TRIAL WAIVER: LANDLORD and COUNTY hereby waive their
respective right to trial by jury of any cause of action, claim, counterclaim or cross-complaint
in any action, proceeding and/or hearing brought by either LANDLORD against COUNTY
or COUNTY ag"in~t LANDLORD on any matter whatsoever arising out of, or in any way
connected with, this lease, the relationship of LANDLORD and COUNTY, COUNTY's use
or occupancy of the Premises, or any claim of injury or damage, or the enforcement of any
remedy under any law, statute, or regulation, emergency or otherwise, now or hereafter in
effect.
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(
37. COUN:J'Y'S RIGHT TO TERMINATE r.F.ASE: The COUNTY shall have the
right to teJmi,,,.te this lease at llJ1Ytime. whenever COUNTY, in its sole discretion,
determines it would be in COUNTY's best interests to termiDate this lease. COUNTY sbaI1
give LANDLORD notice of any termination pursuant to this paragraph at least thirty (30)
days prior to the date of termiDation.
38. CAP'J'ION$, TABr.F. OF CONTENTS AND COVER PAGE: The paragraph
captions, table of conteDts and the cover page of this lease shall have no effect on its
interpretations.
39. SURVIVAL: The obligations of the parties which, by th.eir nature, conrim1e
beyond the term. of this lease, will survive the termination of this lease.
......
......
......
.'
. . . . . .
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. . . . . .
. . . . . .
. . . . . .
. . . . . .
. . . . . .
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. .
40. INTERPRETA.TlONS: As this agreement wasjointly prepared by both parties,
the language in all parts of this agreement sba1l1ie CODStrucd, in all cases, according to its
fair mc..nil1& and not for or "pin~t either party hereto.
END OF LEASE TERMS.
COUNTY OF SAN BERNARDINO
ChairmaD, Board of Supervisors
Dated:
SIGNED AND CERll1'llID TIlAT A COPY
OF TInS DOCUMENT HAS BEEN DEllVERED
TO TIm CHAIRMAN OF TIm BOARD
EARLENE SPROAT, Oerk of the Board
of Supervisors
By:
Deputy
Approved as to Legal Form:
AlAN K. MARKS, County Counsel
By: C~////
n Deputy
Dated: -f- (l1. c;4.-
lANDLORD:
BOY'S CLUB OF SAN BERNARDINO, 1Ne.
Dated:
g I d-~ !c;r;
.
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2000-51
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2000-51
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. .
EXHIBIT "8"
COUNTY'S ALTERATIONS
COUN1Y. at COUNTY's ""P'"nse, shall make the following alterations to the Premises leased:
A. Bath room.: Install six (6) toilets, five (5) sinks and one (1) urinal as shown 011 Exhibi
. A" Premises Leased..
B. Paint all interior walls.
C. Install 9' by 9' carpet in classroom.
D. Install tricycle trail and playground equipmellt in playground area.
Eo Plant olle (1) tree.
F. Fence playground area.
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RESOLUTION NO. q4-33\
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A SECOND
AMENDHEH'1' TO LEASE BETWEEN THE CITY OF SAN BERNARDINO AND BOY I S
CLUB OF SAN BERNARDINO. '
-.
BE IT RESOLVED BY THE MAY0R AND COMMON COUNCXL, OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:' .
SECTXON 1. The Mayor is hereby authorized and directed to
'.
execute, on behal f of the City. of San Bernardino, a second
\
amendment to lease with the Boy's Club of San Bernardino which
. .
second amendment,1io lease is attached hereto as Exhibit" 1" and is
incorporated herein by reference as though fully set forth at
length.
SECTION 2.
The authorization to execute the above
referenced Agree.ent is rescinded if the parties to the agreement
fail to execute same within sixty (60) days of the passage of this
Resolution.
III
III
III
III
III
III
22 III
23 III
24 III
25 III
26 III
27 III
28
,
DAB: ka! 1lMIIYTO. RES I
-1-
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(
RESOLUTION NO. 94~331
RBSOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A SECOND
AMENDMENT TO LEASE BETWEEN THE CITY OF SAN BERNARDINO AND BOY'S
CLUB OF SAN BERNARDINO, IHC. .
.,
,
I HEREBY. CERTIFY that 'the foregoing resolution was duly
adopted by the Mayor ,p.nd Common Council of the City of San
vote; 'to wit:' ....
Council Members: AYES NAYS
NEGRETE y
CURLIN X
HERNANDEZ X
OBERHELMAN X
DEVLIN X
POPE-LUDLAM X
MILLER x
Bernardino at a
rpqnl;tr
the
day of
,.,..,.,
n,.......nh,:ar
meeting thereof, held on
,
, 1994 by the following
ABSTAIN ABSENT
.
~~
of
The foregoing resolution is hereby approved this M t1v day
OCtober , 1994.
Approved as to
form and . legal content:
JAMES F. PENMAN,
City Attorney
,
I -:J 't;.'
By: -Y "~, . - 1-1.'-,~
./ I
---./
DAB: Jao [DAlIIIYTO. RES J
%lU~
Ralph Hernandez, May~o Tern
City of San Bernardino
.
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2000-51
(
SECOND AMENDMENT TO LEASE
THIS SECOND AMENDMENT TO LEASE is entered into this IS
day of Du......... ~ t. y- ,1994, by and between the CITY OF, SAN
BERNARDINO, a municipal corporation, re'ferred to itS "City" and
,
BOY'S CLUB OF SAN BERNARDINO, INC., a non-profit corporation,
referred to as "Boys Club".
WITNESSETH:
WHEREAS, the parties entered into that I certain lease dated
'.' \
November 25, 198~ hereinafter referred to as "Lease" and
WHEREAS, the parties entered into a First Amendment of said
lease on July 11, 1984, and
WHEREAS, the parties desire now to further amend said lease.
IN WITNESS WHEREOF, the parties hereto a~ree as follows:
Section 1. . Section 2 of the Lease is hereby amended to read
as follows:
.Section 2. Description. City hereby leases to
the Boys Club the real property described in Exhibits
"A" and "B", attached to this agreement and
incorporated in it by this reference, and all
improvements on the property, upon the terms and
conditions set forth in this agreement.
The provisions of Section 12, of this agreement
,
shall not apply to the property described in Exhibit
"Bn. "
Section 2.
Exhibit "B" is hereby added to the Lease as
shown on Exhibit 1 attached hereto and incorporated herein.
Section 3. Section 10 of said Lease is hereby amended to
read as follows:
DAB/j. (Boy.Club.Lea]
1
i
October 6. 1994 I
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(
.Section 10. Assignment
8. Except as otherwise provided in this agreement,
the Boys Club shall not assign this lease, or any
part
of
it,
sublet
any
portion of the
,
nor
premises without the prior written consent of
City.
"
b. Any assignee or sublesse shall agree to hold the
City harmless and provide insu~ance all in
,
keepi~ with Section 8 of the lease, and shall
name City as an additional insured.
c. Ten percent (lOt) of any incomp from any
assignment or sublease
shall be applie~ to
ouJ.i. t/ '4 iIu... e.~,
Club I' U alMA 1i8B1;&
/I
delinquent debts of Boys
apQ 9~BYgR~ SYFreat 1ft the areer detsrmiaed B!
-tAG C1~'" mambers sf taB &teering CSllUftittaa. Th6
SteeriRg Cemmitt99 shall r9S9i,"'g 3't 193.S't a
IROR.~hly rgport frsm the Eilee1::1t;j.~-e Biz-ectaL af the
ealaRee af all aeeetmta payaBle..
TRis repert
s~8ll BO req~iFed w~et~eF SF not any assisnment
BJ!' 81::1Blease is eft1!eretl ift'te."
21 Section 4. Section 16 is hereby added to the lease to read
22 as follows:
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.Section 16. Fixtures Any fixtures added to the
premises by either the Boys Club or any assignee, or
sublessee may be removed on or before the lease term
as long as such removal does not damage the premises.
Any fixtures remaining on the premises upon the
conclusion of the lease term or any earlier
DAB/J. [BoyoClub.L..)
2
October 6. 1994
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2000-51
termination pursuant to Section 14 shall become the
property of the City."
IN WITNESS WHEREOF, the parties have executed this Second
Amendment to Lease on the date first above shown.
.,
,
CITY OF SAN BERNARDINO
BY~i /~tti'\
Mayor .
j
Attest:
'. .
,
BOYS CLUB OF SAN BERNARDINO
...
V'"
Bya~~
'--
............
Approved as to
Form and Legal Content
.
JAMES F. PENMAN
City Attorney
By :L ..-~
/j
, I
.
)
f. t(~u~
.
.'
~
~
.,;;:--
DAB/j. [BoJoClub.Lea]
3
October 6. 199.
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