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Home My WebLink About2000-052 . r /" Resolution No. 2000-52 1 2 3 4 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF SAN BERNARDINO APPROVING A SUBLEASE OF CERTAIN CITY PROPERTY LEASED TO THE BOYS CLUB (COUNTY BEHAVIORAL HEALTH). 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 (Behavioral Health) for family counseling services, and WHEREAS, Section 10 of said Lease requires prior written consent of the City to any sublease of said property, and WHEREAS, the County has agreed to promptly amend Section 16 (a) of the Sublease Agreement to add the County's agreement to indemnify the City Of San Bernardino; 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 (County Behavioral Health) in the form of the "Sublease Agreement" attached hereto as Exhibit A and incorporated herein is hereby approved, with the inclusion of an amendment to Section 16 (a) adding the County's agreement to indemnify the City Of San Bernardino. IIIII I I I I I 26 IIIII 27 IIIII 28 . , 2000-52 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF SAN BERNARDINO APPROVING A SUBLEASE OF CERTAIN CITY PROPERTY LEASED TO THE BOYS CLUB (COUNTY BEHAVIORAL HEALTH). 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Approved as to form and 23 Legal content; James F. Penman, City Attorney 24 BY: . /2?4~/}'>~ 25 26 27 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 regulaJheeting thereof, held on the 6th March day of Council Members: ESTRADA LIEN MCGINNIS SCHNETZ SUAREZ ANDERSON MILLER , 2000, by the following vote, to wit: Ayes Nays x x x x x x Abstain Absen t x ~~.C.1~ City Clerk Fir-- The foregoing resolution is hereby approved this March .2000. 28 , day of ,L'::z~ udith Valles, Mayor ity of San Bernardino ~ MAR-O?-O~ 10:21 Mar-02-2000 10:26am 9093872179 From-COUNTY OF BONO REAlSTATE P05 R-260 Job-036 T-439 P.005/023 F-OIO 2000-52 9093872779 fOR COUNTY U~ '- vLY ~ept ~ --'~ ~.~;:"'''';:'') W . New M Chlngt X C:ltlcel County Dcpunmem Real Estate Services De amnent COLlnry Department COn!:raN Reprdtnt,ltlVe Vendor Code sc A S d-O - 0 I \ Dept. Orgn. Comracrot's Lictnse No_ Ph. Ex~. Amount ofConnaet County of San Beroardino fAS John Yuhas. Pro Fund Dept, AAA MLH env Mana er Otganiz~H1on MLH Appr'. 200 7-2767 Obj/Rc:v Source 2905 ActiVity GRCIPROJ/JOB Nomber N31128 CONTRACT TRANSMITTAL Commodity Code FY Estimated Paymcm Total by Fiscal Year Amount UO FY Amount liD Projecl Nal'Tlt SAN BERNARDINO - DBH - BoV's Club CONTRACTOR BOY'S CLUB OF SAN BERNARDINO, lNe. Birth Date Federal ID No. Or Social Security No. 95-2508873 Contractor'S Repr"enrallve Clifford Hackney, Executive Director Address 1180 Wesr Nimh Slreer. San Bernardino. CA 92411 Phone (909) 888-6751 Nature of Comrac!: (Briefly describe the general rorms of the contract) This Sublease Agreement is for three (3) years wim rhree (3) one-year options to extend. Subleased Premises consist of 455 square feet of building and the use of the common facilities. SUBLANDLORD shall provide all utilities, maintenance, andjani1orialservice. (Attach this transmiltal to all contracts nOt prepared on the "Standard Con"act"fonn.} Approved as to Legal Form Reviewt:d as to ^(firmativ~ Action Reviewed fOr ProcesSims ~ SEE SIGNATIJRE PAGE CQunty Counsel ~ ~ Agtmcy Admimmator/CAO 0.... D.", 0... e xl; lilt f /+ ~R-O?-Oq 10:11 9093871779 P 06 9093871779 2000-52 Mar-01-1000 10:16am From-COUNTY OF BONO REALSTATE '-/ COUNTY OF SAN BERNARDINO LEASE AGREEMENT SUBLANDLORD: Boy's Club of San Bernardino, Inc. 1180 West Ninth Street San Bernardino, CA 92411 COUNTY: COUNTY OF SAN BERNARDINO Internal Services Group Real Estate Services Department 825 E. Third Street San Bernardino, CA 92415-0832 PREMISES: 455 square feet located at: 1 180 West Ninth Street San Bernardino, CA 92411 TERM OF LEASE: Three (3) years with three (3) one-year options COMMENCEMENT nATE OF LEASE: April 1, 1999 COST PER SQUARE FOOT: $1.20 full service gross COUNTY CONTRACT NUMBER: S;).[)-O I I REV. 11/15/99 TYPED: 9/13/99 R-160 T-439 P006/013 F-Ol0 Job-036 ,~ Mar-02-2000 10:26am From-COUNTY OF BONO REAL STATE 2000-52 P 07 9093872779 R-260 Job-036 MAR-02-00 10:21 . . , 9093872779 T-439 P007/023 F-OIO '-, TABLE OF CONTENTS .~ PARAGRAPH CAPTION PAGE I PARTIES 2 PREMISES SUBLEASED 3 TERM 4 RENT 5 OPTION TO EXTEND TERM 6 RETURN OF PREMISES 7 HOLDING OVER 8 TAXES 9 USE 10 HEALTH, SAFETY & FIRE CODE REQUIREMENTS 11 SIGNS 12 NUUNTENANCE 13 ALTERATIONS 14 FIXTURES 15 UTILITIES 16 HOLD HAR.\1LESS 17 INSURANCE 18 DESTRUCTION OF PREMISES 19 SUBLANDLORD'S DEFAULT 20 COUNTY'S REMEDIES ON SUBLANDLORD'S DEFAULT 21 COUNTY'S DEFAULT 22 SUBLANDLORD'S REMEDIES ON COUNTY'S DEFAULT 23 SUBLANDLORD'S ACCESS TO PREMISES 24 NOTICES 25 INCORPORATION OF PRIOR AGREEMENT 26 WAIVERS 27 AMENDMENTS 28 SUCCESSORS 29 SEVERABILITY 30 TIME OF ESSENCE 31 QUIET ENJOYMENT 32 PROVISIONS ARE COVENANTS & CONDITIONS 33 CONSENT 34 EXHIBITS 35 LAW 36 JURYTRlAL WAIVER 37 COUNTY'S RIGHT TO TERMINATE SUBLEASE 38 CAPTIONS, TABLE OF CONTENTS & COVER PAGE 39 SURVIVAL 40 COUNTY'S CHILD SUPPORT COMPLIANCE PROGRAM 41 INTERPRETATIONS Exhibit A, Premises Exhibit B, Principal Owner Informalion Form Exhibit C, Child Support Compliance Program Certification MAR-02-00 10:21 . , 9093872779 2000-52 P08 9093872779 R-260 Job-036 Mar-02-2000 10:26am From-COUNTY OF BONO REAlSTATE T-439 P 008/023 F-OIO ...J '"-'" SUBLEASE AGREEMENT WHEREAS, the Boy's Club of San Bernardino, Inc., a non-profit California Corporation C'Boy's Club") and the City of San Bernardino, a municipal corporation ("City") have previously entered a Lease Agreement dated November 25,1981, and amended on July 1 I, 1984, (the "Master Lease") for certain real propeny located at 1180 West Nimh Street, San Bernardino, California (the "Propeny"); and, WHEREAS, the purpose of the Master Lease is to provide for the operation of a neighborhood facility for non-profit public and private agencies whose primary purposes are to provide physical, educational, vocational rehabilitative, preventive or recreational services to the community; and,. WHEREAS, the County of San Bernardino, Department of Behavioral Health ("COUNTY") desires to provide counseling services and related activities on a portion of the Propeny; and the Boy's Club desires to sublease to the COUNTY; and, WHEREAS, the Master Lease requires, and the City has agreed in writing, to a sublease of the Property. NOW, THEREFORE, the parties agree as follows: I. PARTIES: This sublease is made between the Boy's Club of San Bernardino, Inc., a non-profit California Corporation (hereafter the "SUBLANDLORD"), and the County of San Bernardino ("COUNTY"), who agree as follows: 2. PREMISES LEASED: SUBLANDLORD subleases to COUNTY and COUNTY subleases from SUBLANDLORD 455 square feet of the building and the joint use of common facilities on a scheduled basis, and other improvements located at 1180 West Ninth Street, San Bernardino, California ("Premises"), as described in Exhibit A. 3. TERM: This sublease shall conunence April I, 1999 and end March 3 I, 2002. 4. RENT: a. COUNTY shall pay to SUBLANDLORD monthly rental payments in arrears on Or before the last day of the month in the amount of Five Hundred Fifty and 00/100 Dollars ($550.00). b. The rent in subparagraph 4a. above, shall be subject to annual adjustment beginning April I, 2000, and annually thereafter based on the change in the Consumer Price Index as provided below: The base for computing the adjustment is the Consumer Price Index ("C.P.!."), Pacific Cities and U.s. City Average, All Items, Los Angeles, Anaheim and Riverside, Urban Wage Earners and Clerical Workers (1982-1984 ~ 100), published by the United States Department of Labor, Bureau of Labor Statistics ("Index"), which is in effect two (2) months prior to the date of the commencement of the initial term ("Beginning Index"). The Index in MAR-02-00 10:21 . , 9093812779 2000-52 P 09 9083812779 R-260 Job-036 Mar-02-2000 10:26am From-COUNTY OF BONO REAL STATE T-438 P.009/023 F-OIO '---, ~. effeCt two (2) months prior to the adjustment date in question ("Extension Index") is to be used in determining the amount of the adjusunent. If the Extension Index has increased over the Beginning Index, the monthly rent for the following year (until the next rem adjustment) shall be set by muiliplying the monthly rent in effect at the beginning of the initial tenn by a fraction, the numerator of which is the Extension Index and the denominator of which is the Beginning Index. In no case shall the new monthly rent be more than four percent (4%) greater than the rent in effect irrnnediately prior to the adjustment date then occurring. If the Index is changed so that the base year differs from that in effect when the tenn commences, the Index shall be convened in accordance with the conversion factor published by the United States Deparnnent of Labor, Bureau of Labor Statistics. If the Index is discontinued or revised during the tenn, such other government index or computation with which it is replaced shall be used in order to obtain substantially the same result as would be obtained if the Index had not been discontinued or revised. c. Rem for any partial month shall be prorated based on the acrual number of days of the month. All rent shall be paid to SUB LANDLORD at the address to which notices to SUBLANDLORD are given. 5. OPTION TO EXTEND TERM: a. SUBLANDLORD gives COUNTY the option to extend the term of the sublease on the same provisions and conditions, except for the monthly 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 SUBLANDLORD prior to the expiration of the preceding tenn or during any holding over pursuant to Paragraph 7, HOLDING OVER. The rem for each extended term shall be adjusted by good faith negotiation of the parties to the fair market rental rate then prevailing based upon the rental rates of comparable leased plOpeny in San Bernardino County. If 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 detennined through arbitration conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association. If the fair market rental rate is determined by arbitration, the COUNTY has the right to terminate the sublease by giving tennination notice to the SUBLANDLORD within thiny (30) days of being notified of the new fair marker rental rate. 6. RETURN OF PREMISES: The COUNTY agrees that it will, upon any tennination of this sublease 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. SUB LANDLORD, expressed or implied, the tenancy shall be deemed to be a tenancy from month-to-month upon the same terms and conditions, inclUding rent, as existed and prevailed at the time of the expiration of the Term of this sublease. 2 MAR-ON9 10:21 9093872779 2000-52 P 10 9093872779 R-260 J ob-036 Mar-02-2000 10:27am From-COUNTY OF BONO REALSTATE T-439 POIO/023 F-OIO '.....- .,--" 8. TAXES: SUBLANDLORD shall pay all real propeny taxes, and general and special assessments levied and assessed against the Premises. 9. USE: COUNTY shall occupy and use the Premises during the term hereof for the purposes of COUNTY business. 10. HEALTH, SAFETY AND FIRE CODE REQUIREMENTS: As a condition precedem!O the existence of this sublease, SUBLANDLORD, at its sole expense, will ensure the Premises meet the applicable requirements of the Health, Safety, Fire and Building Codes for public and governmental buildings, including any requirements for a notice of completion, certificate of occupancy and the Americans with Disabilities Act ("ADA"). Should the continued occupancy ofthe subleased Premises be in any way prejudiced or prevented due to changes in the ADA or the Health, Safety or Fire Codes for Public Buildings, the SUBLANDLORD herein shall correct, update and comply with said changes at SUBLANDLORD's cost. II. 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. MAlNTENANCE: a. SUBLANDLORD at its cost shall maintain in good condition all portions of the Premises, including but not limited to the following: (I) 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; and, (2) The electrical, plumbing, and sewage systems, including, without limitation, those portions of the systems owned or controlled by SUBLANDLORD lying outside the Premises; and, (3) Window frames, gutters, and downspouts on the building and other improvements that are a part of the Premises; and, Premises; and, (4) Air conditioner, heating and ventilating systems servlcmg the (5) The grounds, including all parking areas and outside lighting, grass, trees, shrubbery and other flora; and, (6) The servicing of fire extinguishers or any other fire suppression equipment anached to the facility; and, . (7) Interior maintenance and janitorial services. 3 MAR-02-00 10:21 . . . 2000-52 From-COUNTY OF BONO REAL STATE 9093872779 P 11 9093872779 R-260 T-439 Job-036 P 011/023 H10 Mar-02-2000 10:27am \..../ . . ~ b. SUBLANDLORD 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 SUBLANDLORD, or its authorized representatives. c. SUB LANDLORD shall have ten (10) days after notice from COUNTY to commence to perform its obligation to repair under this paragraph, except that SUB LANDLORD shall perform its obligations immediately if the nature of the problem presents a material hazard or emergency. If SUBLANDLORD does nOt perform its obligations within the time limitations in this paragraph, COUNTY after notice to SUBLANDLORD can perform the obligations and have the right to be reimbursed for the sum it acrnally and reasonably expends (including charges for COUNTY employees and equipment) in the performance of SUBLANDLORD's obligations. If SUBLANDLORD does not reimburse COUNTY within ten (10) days after demand from COUNTY, COUNTY shall have the right to withholding from fumre rent due the sum COUNTY has expended until COUNTY is reimbursed in full. Any 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. 13. ALTERATIONS: COUNTY shall not make any structural or exterior improvements or alterations to the Premises without SUB LANDLORD's consent. Any such alterations made shall remain on and be surrendered with the Premises on expiration or termination of the lease. 14. FIXTURES: COUNTY shall have the right during the terms of this sublease to install shelving and fixmres, and make interior, non-structural improvements or alterations in the Premises. Such shelving, fixrnres, improvements, and alterations shall remain the property of the COUNTY and may be removed by the COUNTY during the terms of this sublease or within a reasonable time thereafter, provided that the COUNTY restores the Premises to the condition as it existed at the commencement of this sublease, reasonable wear and tear excluded, or the COUNTY in its sole discretion may elect to surrender all or any pan of such shelving, fixture, improvements and alterations to the SUBLANDLORD, in which case COUNTY shall have no duty to restore the Premises. Any such election to surrender must be in writing, but need not be accepted by SUBLANDLORD to be effective. 15. UTILITIES: SUBLANDLORD shall furnish to the Premises and pay all service charges and related taxes for water, sewer, trash, electricity, and gas prior to delinquency. 16. HOLD HARMLESS: a. COUNTY agrees to indemnify SUBLANDLORD for liability Or claim for damage for personal injury, death or property damage resulting from COUNTY's negligent acts or omissions on the Premises during the term of the sublease. b. SUB LANDLORD agrees to indemnify, defend and hold hannless the COUNTY, its officers, agents and volunteers and employees from any and all liabilities for injury to persons and damage to property to Or upon the demised Premises arising out of any negligem acrs or omissions of SUBLANDLORD, its agems, or invitees. 4 MAR-01-00 10:11 Mor-01-1000 10:170m 2000-52 From-COUNTY OF BONO REALSTATE 9093971779 P 11 9093971779 R-1S0 T-439 Job-03S P 011/013 H10 '.-/ '-.-' 17. INSURANCE: a. COUNTY is a public entity and is self-insured. b. SUB LANDLORD agrees to indemnify, defend and hold harmless the COUNTY, its officers, agents, volunteers and employees from any and all liabilities for injury to persons and damage to propeny to or upon the demised Premises arising out of any act or omission of SUB LANDLORD, its agents or invitees. (1) Premises liability with combined single limits of $1,000,000.00 including bodily injury I death and/or property damage. (2) Fire Insurance: Standard fire and extended coverage insurance, with vandalism and malicious mischief endorsements to the extent of at least fony percent (40%) ofthe full replacement value of the Premises. (3) Workers' Compensation: 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 SUBLANDLORD and all risks to such persons under this agreement. c. SUBLANDLORD shall immediately furnish certificates of insurance to the COUNTY evidenCing the above required insurance coverage upon the commencement of this sublease. Within sixty (60) days of the commencement of this sublease the SUBLANDLORD shall furnished the COUNTY cenified copies of the policies and endorsements. d. COUNTY shall be an additional named insured under all said policy or policies of insurance. All ill5urance required shall be maintained in full force at all times during this sublease by SUBLANDLORD. SUBLANDLORD shall be required to inform COUNTY in writing of any change, expiration or renewal of any insurance policy or policies at least trony (30) days prior to the effective date of change. Further, each policy shall provide that same shall not be cancelled until a thiny (30) day written notice of cancellation has been mailed to Preschool Services Department, 250 South Lena Road, San Bernardino, CA 92415. All such policies shall contain language to the effect that, (I) the insurer waives the right of subrogation against COUNTY and against any and all of COUNTY's officials, officers, employees, agents and representatives; and, (2) the policies are primary and non-contributing with any insurance that may be carried by COUNTY. 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 insurance 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 5 MAR-O~-OO 10:21 9093972779 2000-52 Mar-02-2000 10:29am From-COUNTY OF BDNO REALSTATE P 13 9093972779 R-260 JoH36 T-439 P 013/023 F-OIO "-/ \..J requiremenlS to require additional types of insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against the COUNTY, inflation, or any other item reasonably related to the COUNTY's risk. (I) Any such reduction or waiver for less than the entire term of the sublease (including any option periods) must be in writing and signed by the Risk Manger to be effective. (2) Any such reduction or waiver for the entire term of the sublease (including any option periods) and any change requiring additional types of insurance coverage or high coverage limits must be made by amendment to this sublease. SUBLANDLORD 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 SUBLANDLORD fail to have in effect the required coverage at any time during this sublease, COUNTY may give notice to SUB LANDLORD to reinstate or acquire the affected coverage. Should SUBLANDLORD 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 sublease, reinstate or acquire the affected coverage, and SUBLANDLORD shall reimburse COUNTY for the necessary cost at COUNTY's option. If SUBLANDLORD 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. DESTRUCTION OF PREMISES: a. If during the term of this sublease, any casualty renders ten percent (10%) or less of the floor space of the Premises unusable for the purpose intended, SUBLANDLORD 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 SUBLANDLORD 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 SUB LANDLORD, perform the obligations and have the right to be reimbursed for all sums it acrually and reasonably expends (including charges for County employees and equipment used) m the performance of SUBLANDLORD's obligations, Or COUNTY may terminate this sublease by notice to SUBLANDLORD. If COUNTY performs SUB LANDLORD's obligations under this subparagraph, and SUB 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. b. If during the term of this sublease, 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, SUBLANDLORD 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 SUBLANDLORD does not perform rhe restoration obligations of this subparagraph within the time limitations set forth, 6 . MAR-ONO 10:21 9093872779 2000-52 P 14 9093872779 R-2S0 Job-03S Mar-02-2000 10:28am From-COUNTY OF BONO REAL STATE T-439 P.014/023 F-OIO '--" .~. COUNTY may, at its option and in its sole discretion, after norice to SUBLANDLORD, 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 SUBLANDLORD's obligations, or COUNTY may terminate this sublease by notice to SUBLANDLORD. If COUNTY performs SUBLANDLORD's obligations under this subparagraph, and SUBLANDLORD 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 rem due. c. If during the term of this sublease, any casualty renders at least twenty-five percenl (25%) but less than fony percent (40%) of the floor space of the Premises unusable for the purpose intended, COUNTY shall within thirty (30) days of tile casualty and at its option and in its sole discretion, terminate this sublease by notice to SUBLANDLORD or request SUBLANDLORD to restore the Premises. If COUNTY requests SUBLANDLORD to restore the Premises, the SUBLANDLORD shall either terminate this sublease by notice to COUNTY within ten (10) days ofreceiving COUNTY's request for restoration or conunence restoration of the Premises within ninety (90) days of receiving COUNTY's request for restoration and thereafter diligently pursue complete restoration of the Premises within a reasonable time. If SUBLANDLORD does not terminate the sublease 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 SUB LANDLORD, perform the obligations and have the right to be reimbursed for all sums it acmally and reasonably expends (including charges for County employees and equipment used) in the performance of SUBLANDLORD's obligations, or COUNTY may terminate this sublease by notice to SUBLANDLORD. If COUNTY performs SUBLANDLORD's obligations under this subparagraph, and SUBLANDLORD 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 sublease, any casualty renders forty percent (40%) or more of the floor space of the Premises unusable for the purpose intended, this sublease shall be terminated as of the date of the casualty. If the sublease is tenninated pursuant to this subparagraph, COUNTY shall have a reasonable time to vacate the Premises and 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 subparagraphs a, b 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 sublease, 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 purpose intended by the casualty itself, but any additional floor space which is not usable for the purpose intended because of restoration or similar activities. 7 MAR-Ol-OO 10:21 9093872779 2000-52 P 15 9093872779 R-260 Job-036 Mar-02-2000 10:29am From-COUNTY OF BONO REAL STATE T-439 P 015/023 F-OIO "-.../ '---' f. In the event there is a destruction of a ponion of the Premises as set out in subparagraphs a, b and c, above, and the lease is not terminated because of such destruction, SUBLANDLORD agrees to use any and all insurance proceeds received for said destruction in the restoration of the Premises. g. In the event SUBLANDLORD is required to restore the Premises as provided in this paragraph, SUBLANDLORD shall restore, at SUB LANDLORD's expense, any structural or exterior improvements or alterations to the Premises made by COUNTY pursuant to Paragraph 13, ALTERATIONS, ofthis sublease, but shall not be responsible for restoring any shelving, fixrnres, or interior nonst!Uctural improvements or alteration made by the COUNTY pursuant to Paragraph 14, FIXTURES, of this sublease. 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. SUBLANDLORD'S DEFAULT: Except where another time limit is specifically provided, SUBLANDLORD shall be in default of this sublease if it fails or refuses to perform any material provisions of this sublease 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 SUBLANDLORD. If the default cannot reasonably be cured within thirty (30) days, SUBLANDLORD shall not be in default of this sublease if SUBLANDLORD 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 SUBLANDLORD'S DEFAULT: COUNTY, at anytime after SUBLANDLORD is in default, can tenninate this sublease or can cure the default at SUBLANDLORD's cost. If COUNTY at any time, by reason of SUBLANDLORD'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 SUBLANDLORD to COUNTY within five (5) days of notice of such sum, and if paid at a later date shall bear interest at the maximum rate the COUNTY is permined by law to charge from the date the sum is paid by COUNTY until COUNTY is reimbursed by SUBLANDLORD. If SUBLANDLORD fails to reimburse COUNTY as required by this paragraph, COUNTY shall have the right to withhold from furnre 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 sublease. 21. COUNTY'S DEFAULT, The occurrence of any one or more of the following events shall constimte a default and breach of this sublease 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 sublease 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 SUBLANDLORD to COUNTY; 8 MAR-02-00 10:21 9093872779 2000-52 P IS 9093872779 R-2S0 Job-03S Mar-02-2000 10:29am From-COUNTY OF BONO REAL STATE T-439 P 0lS/023 F-OIO .,-, '-../ provided, however, that if the narure 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 ofCalifomia. 22. SUBLANDLORD'S REMEDIES ON COUNTY'S DEFAULT: In the event of any material default by COUNTY which is not cured by COUNTY, SUBLANDLORD may, at its election, terminate this sublease 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 sublease for default pursuant to this paragraph, SUBLANDLORD shall have the right to recover from COUNTY only the following amounts for any and all damages which may 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 sublease; 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 sublease until the time of award exceeds the amount of the loss of rent that SUBLANDLORD proves could not have been reasonably avoided; and, c. 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 SUBLANDLORD proves could not have been reasonably avoided; and, d. Any other amount necessary to compensate SUBLANDLORD for all detriment proximately caused by COUNTY's default which SUBLANDLORD proves could not have been reasonably avoided. "The worth, at the time of the award," as used in subparagraphs a and b of this paragraph, is to be computed by allowing interest at the maximum rate an individual is permitted by law to charge. "The worth, at the time of the award," as referred to in subparagraph 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. SUBLANDLORD'S ACCESS TO PREMISES: SUBLANDLORD 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 Prernises are in good condition; and, b. To do any necessary maintenance and to make any restoration to the Premises that SUBLANDLORD has the right or obligation to perform; and, c. To serve, post, or keep posted any notices required by law; and., 9 MAR-Ol-OO 10:21 Mar-02-2000 10:30am 9093872779 P 17 9093872779 R-260 T-43Q JoH36 2000-52 From-COUNTY OF BONO REALSTATE P 017/023 HID ~. '.-.,/ d. To post "for sale" signs at any time 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, agems, buyers, tenants, lenders or persons interested in an exchange, at any time during the term. SUBLANDLORD shall conduct its activiIies on the Premises as allowed in this paragraph in a manner that will cause the least possible inconvenience, lIIlIloyance, or disturbance to COUNTY. 24. NOTICES: a. Any notice, demand, request, consent, approval, or communication that either party desires or is required to give ro 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, consem, 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. SUBLANDLORD's address: Boy's Club of San Bernardino, Inc. 1180 West Ninth Street San Bernardino, CA 92411 COUNTY's address: Real Estate Services Department 825 East Third Street San Bernardino, CA 92415-0832 25. INCORPORATION OF PRIOR AGREEMENT: This sublease contains all of the agreements of the panies hereto with respect to any matter covered or mentioned in this sublease, and no prior agreement or understanding pertaining to any such matter shall be effective for any purpose. 26. WAIVERS: No waiver by either party of any provisions of this sublease 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. 27. AMENDMENTS: No provision of this sublease 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 its terms an intention to modify this sublease. 28. SUCCESSORS: This sublease shall inure to the benefit of and be binding upon the heirs, executors, administrators, successors, and assigns of the parties hereto. 29, SEVERABILITY: If any word, phrase, clause, sentence, paragraph, section, article, part or ponion of this sublease is or shall be invalid for any reason, the same shall be 10 MAR-0.2-00 10:21 9093872779 2000-52 PI8 9093872779 R-260 J ob-036 Mar-02-2000 10:30am From-COUNTY OF BDNO REAL STATE T-439 P 018/023 F-OIO -----. '-' deemed severable from the remainder hereof and shall in no way affect or impair the validity of this sublease or any other portion thereof. 30. TIME OF ESSENCE: Time is of the essence of each provision of this sublease 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. 31. OUIET ENJOYMENT: Subject to the provisions of this sublease and conditioned upon performance of all the provisions to be performed by COUNTY hereunder, SUBLANDLORD shall secure to COUNTY during the sublease term the quiet and peaceful possession of the Premises and all right and privilege appertaining thereto. 32. PROVISIONS ARE COVENANTS AND CONDITIONS: All provISIons, whether covenants or conditions, on the pan 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 or delay such consem or approval. 34. EXHIBITS: All exhibits referred to are attached to this sublease and incorporated by reference. 35. LAW: This sublease shall be construed and interpreted in accordance with the laws of the State of California. 36. JURY TRIAL WAIVER: SUBLANDLORD and COUNTY hereby waive their respective right to trial by jury of any cause of action, claim, cOlUlterclaim or cross-complaint in any action, proceeding and/or hearing brought by either SUBLANDLORD against COUNTY or COUNTY against SUBLANDLORD on any maner whatsoever ariSing OUt of. or in any way connected with, this sublease, the relationship of SUBLANDLORD 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 effecL 37. COUNTY'S RIGHT TO TERMINATE SUBLEASE: The COUNTY shall have the right to terminate this sublease at any time whenever COUNTY, in its sole discretion, determines it would be in COUNTY's best interests to terminate this sublease. COUNTY shall give SUBLANDLORD notice of any termination pursuant to this paragraph at least thiny (30) days prior to the date of temlination. 38. CAPTIONS. TABLE OF CONTENTS AND COVER PAGE: The pamgraph captions, table of contents and the cover page of this sublease shall have no effect on its interpretations. 39. SURVIVAL: The obligations of the parties which, by their nature, continue beyond the term of this sublease, will survive the termination of this sublease. II MAR-0.2-00 10:21 9093872779 2000-52 Mor-02-2000 10:300m From-COUNTY OF BDNO REALSTATE P 19 9093872779 R-2S0 Job-03S T-439 P.019/023 F-OIO '--'/ '"'-' 40. COUNTY'S CHILD SUPPORT COMPLIANCE PROGRAM: a. SUBLANDLORD's Warranty of Adherence to COUNTY's Child SUpport Compliance Program: SUBLANDLORD acknowledges that COUNTY has established a goal of ensuring that all individuals who benefit financially from COUNTY through contracts are in compliance with their court-ordered child, family and spousal support obligations in order to mitigate the economic burden otherwise imposed upon COUNTY and its taxpayers. As required by COUNTY's Child SUpport Compliance Program (County Code section I 10.0 I 0 I et seq.) and without limiting SUBLANDLORD's duty under this sublease to comply with all applicable provisions of law, SUBLANDLORD warrants that it is now in compliance and shall during the tenn of this sublease maintain compliance with employment and wage reporting requirements as required by the Federal Social Security Act (42 USC section 653a) and California Unemployment Insurance Code section 1088.5, and shall implement all lawfully served Wage and Eamings Withholding Orders or District Attorney Notices of Wage and Earnings Assigrunent for Child or SuPPOrt, pursuant to Code of Civil Procedure section 706.03 I and Family Code section 5246(b). SUB LANDLORD hereby certifies that it has submitted to the COUNTY a completed Principal Owner Information Fonn (Exhibit B), and Child Support Compliance Program Certification (Exhibit C). b. Tennination for Breach of Warranty to Maintain Compliance with COUNTY's Child Support Compliance Program: Failure of SUBLANDLORD to maintain compliance with the requirements set forth in the preceding subparagraph shaH constitute a default by SUBLANDLORD under this sublease. WithOUt limiting the rights and remedies available to COUNTY under law or under any other provision of this sublease, failure to cure such default within ninety (90) days of notice by the San Bernardino County District Attorney shall be grounds upon which the COUNTY may terminate this sublease. ..Ijllfl*-. ****** . ... If' IfI .. 1ft *****. ****.Jil. *.*.... 12 MAR-02-00 10:21 9093812779 From-COUNTY OF BONO REAL STATE 2000-52 P 20 9093812119 R-260 Job-036 Mar-02-2000 10:30am T-439 P020/023 F-OIO --J" '-' 41. 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 its fair meaning, and not for or against either party hereto. END OF LEASE TERMS. COUNTY OF SAN BERNARDINO SUBLANDLORD: BOY'S CLUB OF SAN BERNARDINO, INC. anuel Ahuero, Director, Real Estate Services Dept. By otiffi!/L4r Cli rd Hackney Dated: // ~ //.)tJ . Title: Executive Director Dated: /2-- 1-9q Approved as to Legal Form: ALAN K. MARKS, County Counsel ~ .~ BY:~~~ Dated: "/-/ .s.-:- 9? 13 MAR-OND 10: 11 Mar-01-1000 10:31am 9093871779 2000-52 P11 9093871779 R-160 Job-036 1 . , ". I T-439 P011/013 P-OIO '~ II !q 'I t. , P'''';;-:;..! . " 1180 V. 9TH STREET SAN BERNARDINO, CA 455 SQUARE FEET -..J . I . fttJi Ir~~ ,Jr~J~~.J' ). '..\~)I"'. ~i cii....k~..~~ ..' . ,,,,' .. . ,. ~ I 12. . ," . to" t r: a j I ~~ I~~S> ~ Premises Leased ~lSJ ,j r , I I , ~ , J . :J ft'''"':l:It:] ~ : t'1l. .,.,-. ~~. L ~ I , , , ~Ir ~i~ II ~~ :1 1 1 I~~ 11 t t..~$ <<< j' k. po [; _ 11_ t- ;~. C!l '" . . ~ " I' / I , . ,. ~ f . , (';'L ~'I! 'e'h. '" .'.'r.~ -.,,,,,., '~'\:l:,~:i-:~-- ::~:~-;-"-2~ ~ ~ ~ }-<l';~;l; ~"'II'l, -"I J ...~'.~,-, 11.) . '~;-~~=~~::':==="'fP-"-"'='~-Z--:- ... . . , . I ...,~ I - - ':.~- J(t,~~.~:L'" ,.., I' \" Ij"r I ..... t' tt> ~ , .. ' ~ ~'~.~!~~i!t ~'H~-~-..-~;.. ~~:"'. .~[ i II " , .,. <tl . ., " I , "'" I,. J' .,.-- ..., """" ......r-r- r,,_.. __~~ n........ .Il"':",..,.I.._'.....:_.'-~.._ ~......._~..,.."'~__."..._~._ MAR-Di-DD 10:21 Mar-D2-2000 10:31am 9093872779 From-COUNTY OF BONO REAL STATE 2000-52 P22 9093872779 R-26D J ob-036 T-439 P 022/023 F-OIO .c,A..Q..I.DJ....n ....-/ '~. PRINCIPAL OWNER INFORMATION FORM San Bernardino County Code Section 110.0101 et seq. contains lhe San Bernardino Calmly Child Support Compliance Progr.\m. TItis Program requires tbe County to provido cmain information to the Distric! Attorney concerning its employees and business licenses. It further requires that bidders or proposers for County contracts provide, directly to the District Attorney, information concerning theIr "Principal Owners", that is) those namal pel"SOIlS who own an interest of 10% Or more in tile Contractor. FOr each "Principal Own~I". the information which must be provided to tlle District Attorney is: I) the Principal Owner's name; 2) his or her title, and; 3) wbether or not the Contractor has made a payment of any sort to the Principal Owner. IN ORDER TO COMPLY WITIl THE REQUIREMENT, COMPLETE TIllS FORM AND MAIL OR FAX IT DIRECTLY TO THE DISTRICT ATTORNEY AT THE ADDRESS OR FAX NUMBER SHOWN BELOW ON OR BEFORE THE DATE YOU SUBMIT A BID OR PROPOSAL TO A COUNTY DEPARTMENT. MAlNT AlN DOCUMENT A nON OF SUBMlSSTON. In addition, bidders Or propo""" must certify to the soliciting County department that they are in full compliance with the Program requirements by submitting the Child Support Compliance Program Certification. along with the bid or proposal. To: Distric! Attorney Child Support Division Ombudsman Program 10417 Mountain View Av~nue Lorna Linda, CA 92354.2030 FAX: (909) 478.7470 PHONE: (909) 478-7300 Contractor Name as Shown on Bid or Proposal: Contractor Address: Contractor Phone: Fax; Counly Department Receiving Bid or Proposal: Type of Goods or Services to be Provided: Contracl Or Purchase Order Number (if applicable): Principal Owners: Please check appropriate box. If Box I is chcked, no fi.mlter information is required. Please sign and date tl.e form below. \. ID-o namral person own an interest of 10% or more in this Contractor. II. 0 Required Principal Owner information is provided below. (Use a separale sheet, if necessary) NAME OF PRINCIPAL OWNER TITLE PAYMENT RECEIVED FROM CONTACTOR YES NO L 2. 3. 1 DECLARE, UNDER PENALTY OF PElUURV, THAT THE F'ORGOlNG INI<'ORMATION IS TRUE AND CORRECT. By: ~ (Signa C.L1FFOl2D ~Bf Printt'd N~JTll: Dare: ) 2- -I - '19 otlS/bltfor 3ubmi3sjofl aflM bid Or proposollO rllB Coullty). ';'j..~..,.-rV z.... Dl f'!&~o/<.... TiUc:lPo..iri01'l. MAR-O/-O.o 10:21 9093872779 2000-52 P23 R-260 Job-036 Mar-02-2000 10:31am From-COUNTY OF BONO REALSTATE 8093872779 EXHIBIT C T-439 P023/023 F-OIO SOLICITING DEPARTMRNT: ADDRESS: CONTACT NAME & PHONE NO.; '-' --..-' CHILD SUPPORT COMPLIANCE PROGRAM CERTIFICATION San Bernardino County Code Section 110.0101 et seq. contains the San Bernardino County Child Support Compliance Program. TIlls Program requires the County to provide certain information to the District Attorney concerning its employees and business licenses. It further requires that bidders or proposers for County contracts submit certification of Program compliance to the soliciting County department, along with their bids or proposals. (In an emergency procurement, as described by the soliciting County department, these certifications may be provided immediately following the procurement). IN ORDER TO COMPLY WITH THIS REQUIREMENT, COMl'LETE TillS FORM AND SUBMIT IT DIRECTLY TO THE SOLICITING COUNTY DEPARTMENT, ALONG WITH YOUR BID OR PROPOSAL. IN ADDITION, THE SOLICITING DEPARTMENT WILL PROVIDE A COpy TO THE DISTRICT ATTORNEY AT THE ADDRESS OR FAX NUMBER SHOWN BELOW. J, (prim name) eLl r:pD~ ~ 6'y'-- hereby certify that (contracror name as shown On bid Or proposalj , locmed at (COnlractor~ addres>) is in compliance with San Bernardino County's Child Support Compliance Program and has met the following requirements: 1. Submitted a completed Principal Owner Infonuation F Offil to the District Attorney, Child Support Division; 2. Fully complied with employment and wage reporting requirements (42 USC Section 653a and California Unemployment Insurance Code Section 1088.5), and will continue to comply with such reporting requirements; 3. Fully complied with all lawfully-served Wage and Earnings Withholding Orders or DistriCt Attorney Notices of Wage and Earnings Assignment, [Code of Civil Procedure Section 706.031 and Family Code Section 5246(b)], and will continue to comply with such Orders or Notices. J declare, under penalty or perjury, that the foregoing is true and correct. Executed this I -s"1"" day of ~1==-" ~~k 14q1 (Month 8< Ye",) 2Jrq)~~g-&.7S / crelephone Number) , b,elor submission olthe bid or proposal to ,he County) Soliciting Dept Send Copy to: District Attorney, Child Support Division Ombudsman Program 10417 Mountain View Avenue Lel11a Linda, CA 92354-2030 FAX: (909) 478-7470 (909) 478-7300 PHONE: