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Home My WebLink About1998-177 , . I RESOLUTION NO. 98-177 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR OF THE CITY OF SAN BERNARDINO TO 3 SIGN ADDENDUM I TO THE SUBLEASE DATED MARCH 4,1998 BY AND BETWEEN THE COUNTY OF SAN BERNARDINO AND THE CITY OF SAN BERNARDINO 4 EMPLOYMENT AND TRAINING AGENCY. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 6 SAN BERNARDINO AS FOLLOWS: 7 8 9 10 II SECTION I. The Mayor and Common Council of the City of San Bernardino hereby authorizes the Mayor of the City of San Bernardino to sign Addendum I to the Sublease dated March 4, 1998 by and between the County of San Bernardino and the City of San Bernardino Employment and Training Agency. A copy of said Addendum I is attached hereto marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. 12 13 /II 14 /II 15 /II 16 /II 17 /II 18 /II 19 /II 20 /II 21 /II 22 /II 23 /II 24 /II 25 /II 26 /II 27 /II 28 /II HTC/js [SBET ARES] I June 25, 1998 98:"'177 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR OF THE CITY OF SAN BERNARDINO TO 2 SIGN ADDENDUM I TO THE SUBLEASE DATED MARCH 4, 1998 BY AND BETWEEN THE COUNTY OF SAN BERNARDINO AND THE CITY OF SAN BERNARDINO 3 EMPLOYMENT AND TRAINING AGENCY. 4 5 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and regular Common Council of the City of San Bernardino at a thereof, held on the 6th day of July meeting , 1998, by the following vote, to 19 20 1998. 21 22 23 The foregoing Resolution is hereby approved this gli.. July day of ~ ...Z---<--- I VALLES, Mayor Cit of San Bernardino __._...J 24 Approved as to form and legal content: 25 JAMES F. PENMAN, 26 City Attorney 27 28 By: i ,>--"0'9 t:h;;"', Hie s [SBET A.RES] June 25, 1998 98-177 ADDENDUM I HOLD HARMESS: 15. City agrees to indemnify and hold harmless the Sublessor from and against all claims, damages or other injury suffered by the sublessor, its officers, agents and employees as a result of the City'S negligent acts or wrong act in connection with the City'S occupancy of the premises. Sublessor agrees to indemnify and hold harmless the City from and against all claims, damages or other injury suffered by City, its officers, agents and employees as a result of the negligence or wrongful act of sublessor, or any of Sublessor's agents, contractors or other representatives. INSURANCE: City is a self-insured public entity. Sublessor is a self-insured public entity. CITY OF SAN BERNARDINO Employment and Training Agency COUNTY OF SAN BERNARDINO By eJ ByM~L~~ Title /);t't!:c:Iurt-. Dated S-/~/1y Title Judith Valles Dated Approved as to Legal Form: Approved as to Legal Form: JAMES PENMAN, City Attorney :~y 1: yz:: C.II'om;, Dat(j ;1'7 L.".o. 1m (J MARKS, County Counsel 'no Count California /' By ,p:; Dated 98-177 ADDENDUM I HOLD HARMESS: 15. City agrees to indemnify and hold harmless the Sublessor from and against all claims, damages or other injury suffered by the sublessor, its officers, agents and employees as a result of the City'S negligent acts or wrong act in connection with the City'S occupancy of the premises_ Sublessor agrees to indemnify and hold harmless the City from and against all ciaims, damages or other injury suffered by City, its officers, agents and employees as a result of the negligence or wrongful act of sublessor, or any of Sublessor's agents, contractors or other representatives. INSURANCE: City is a self-insured public entity. Sublessor is a self-insured public entity. CITY OF SAN BERNARDINO Employment and Training Agency COUNTY OF SAN BERNARDINO By /. Titl Valles By j/k~~ Title '0 ir't!'c--~Y2- Dated ~/, ,/~I- (I - ~ Approved as to Legal Form: Approved as to Legal Form: JAMES PENMAN, City Attorney City o]:an Bernardino, California By '?Y1"'4:. k~ Dat~ 2 I }A__ / 'i'i t ALAN K. MARKS, County Counsel San Ber . 0 Count alifornia By Dated 98-177 ADDENDUM I HOLD HARMESS: 15. City agrees to indemnify and hold harmless the Sublessor from and against all claims, damages or other injury suffered by the sublessor, its officers, agents and emplOyees as a result of the City'S negligent acts or wrong act in connection with the City's occupancy of the premises. Sublessor agrees to indemnify and hOld harmless the City from and against all claims, damages or other injury suffered by City, its officers, agents and employees as a result of the negligence or wrongful act of sublessor, or any of Sublessor's agents, contractors or other representatives. INSURANCE: City is a self.insured public entity. Sublessor is a self-insured public entity. CITY OF SAN BERNARDINO Employment and Training Agency COUNTY OF SAN BERNARDINO ~ By #/~<<~./~~ Title D ir~~~ Dated -5 /~ /r r , By Date Approved as to Legal Form: Approved as to Legal Form: JAMES PENMAN, City Attorney City f San Bernardino, California ALAN K. MARKS, County Counsel San Be ar County, California ~? }-- .L 7 "1- By y-'- 6 ~ k ?1 ('7'1Y Dated 98-177 File No. ~~~ SUBLEASE THIS SUBLEASE, made and entered into this I1I1A!CH 4,11"ffay of by and between the County of San Bernardino, herelnafter called Sublessor, and the City of San Bernardino Employment and Training Agency, by and through its duly elected Mayor, hereinafter called City. The parties hereto mutually agree as follows: WITNESSETH: 1.) October 21, 1997, by Family Trust. This is a Sublease of that certain Master Lease dated and between the County of San Bernardino and Sedlak 2.) Sublessor hereby subleases unto City who hereby hires from Sublessor those certain premises situated in the City of San Bernardino, County of San Bernardino, State of California, and more particularly described as follows: Approximately 620 net usable square feet of office space on the ground floor of the building located at 646 North Sierra Way as outlined in red on the attached Exhibit "A" Plan, together with Specifications marked Exhibit "B". said Exhibits "A" and "B", being incorporated by reference into this Lease, and including an unlimited use of the building's common facilities, including available parking in the adjacent lot, all on a share and share alike basis. 3.) To have and hold said leased premises, together with the appurtenances, rights, privileges, and easements thereunto belonging or apper- taining unto Sublessor, for a term commencing on the first day of March 1, 1998, and ending on the February 28th day of 2003, with such rights of termination as are hereinafter set forth, with rental payable by City in arrears as follows: Mar. 1, 1998 thru Feb. 28, 1999 - monthly payments of $1,777.00. ~tar. 1, 1999 thru Feb. 28, 2000 - monthly payments of $1,830.00. Mar. 1, 2000 thru Feb. 29, 2001 - monthly payments of $1,885.00. Mar. 1, 2001 thru Feb. 28, 2002 - monthly payments of $1,942.00. Mar. 1, 2002 thru Feb. 28, 2003 - monthly payments of $2,000.00. 4. ) the address specified designate by a notice City agrees to pay the aforesaid rental to Sublessor at herein, or to such other address as the Sublessor may in writing to the: City of San Bernardino Employment and Training Agency 599 North Arrowhead Avenue San Bernardino, California 92401 1 98-177 5.) All notices herein provided to be given, or which may be given, by either party to the other, shall be deemed to have been fully given when made in writing and deposited in the United States Mail, certified and postage prepaid, and addressed to the Sublessor at: County of San Bernardino Real Estate Services Department 825 East Third Street San Bernardino, CA 92415-0832 and to the City at the address indicated in Paragraph 4. Nothing herein con- tained shall preclude the giving of any such written notice by personal service. 6.) Either party may terminate this Sublease at any time by glvlng notice to the other at least thirty (30) days prior to the date when such termination shall become effective. 7.) Sublessor shall furnish to City during the Sublease term. at Sublessor's sole cost, the following services and utilities: A. Janitorial services, including but not limited to, regular cleaning of offices and restrooms, toilet supplies and waste disposal. B. All utilities. 8. ) leased premises, at to the premises. 9.) In the event the subleased premises or any essential part thereof shall be destroyed by fire or other casualty, this Sublease shall, in the case of total destruction of the subleased premises, immediately termi- nate. In case of partial destruction or damage, City may elect to terminate by giving written notice setting forth the date of termination to the Sub- lessor within twenty-five (25) days after such fire or casualty, and no rent shall accrue or be payable to the Sublessor after such termination. In the event of any such destruction where the City remains in possession of said premises, whether for the remainder of the term or temporarily pending termi- nation, the rental as herein provided shall be reduced by the ratio of the floor space City is precluded from occupying to the total floor space of the subleased premises. Sublessor reserves the right to enter and inspect the reasonable times, and to have made any necessary repairs 10.) Rental payable hereunder for any period of time less than that for which periodic rental is payable shall be determined by pro- rating the rental due for the applicable period of occupancy. 11.) During the performance of this Sublease, the Sublessor shall not deny benefits to any person on the basis of religion, color, ethnic group identification, sex, age, physical or mental disability, nor shall they 2 98-177 discriminate unlawfully against any employee or applicant for employment be- cause of race, religion, color, national origin, ancestry, physical handicap, mental disability, medical condition, or marital status. Sublessor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Sublessor shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.), the regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285.0 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Government Code, Sections 11135- 11139.5), and the regulations or standards adopted by the awarding City agency to implement such article. 12.) In no event shall the term of this Sublease continue beyond the expiration of the Master Lease. 13.) In the event of a conflict between the provisions of this Sublease and the afore-specified Master Lease, the provisions of the Lease shall prevail, and the parties to this Sublease shall be bound accordingly. *** *** *** *** *** *** *** *** *** *** 3 98-177 v 14.) The Sublessor may unilaterally amend this Sublease to bring it into conformity with the Master Lease and City's Sole remedy to such amendment shall be limited to termination in accordance with Paragraph 6.. Sublessor shall have no liability for consequential or other damages which may be suffered by City in the event of such amendment resulting in termination of this Sublease. IN WITNESS WHEREOF, this Sublease has been executed by the parties hereto as of the date first above written. CITY OF SAN BERNARDINO Employment and Training Agency COUNTY OF SAN BERNARDINO yor Judith Valles By-1i/;;~~~r- THle 7Xu~~~~ 5w..ted 6 /;;/~(1" I ' By Dat Jl(j.,uiL '<f I rr g Approved as to Legal Form: Approved as to Legal Form: JAMES PENMAN, City Attorney City of San Bernardino, California ALAN K. MARKS, County Counsel . San Bernardino County, California By By ~.;:-- De Dated 11&-1 '3 Dated _r"'-0-9~ 4 98-177 EXIllBIT SAN BERNARDINO ONE-STOP SPACE ALLOCATION - 3% INCREASE TOTAL LEASABLE SPACE: 7,225 Work Area SDace: Office Reception Work Stations (3) (3) (35) 120 x 3 = 360 33 x 3 = 99 35x49= 1.715 Total Staff Space 2,171 Exclusive Use SDaces: Office Reception Work Stations EDD (1) 120 sf (1) 33 sf (14) 686 sf= 839 = 39% SBET A (1) 120 sf (1) 33 sf (6) 284 sf= 446 = 20% Co. JTPA (1) 120 sf (1) 33 sf (15) 735 sf= 888 = 41 % EDD 7,225 sf x 39% = 2,817.75 x $1.23 sf = $3,465.83 mo. SBETA 7,225 sf x 20% = 1,445.00 x $1.23 sf = $1,777.35 mo. Co. JTPA 7,225 sf x 41 % = 2,962.25 x $1.23 sf = $3.643.57 mo. 7,225 sf x $1.23 sf = $8,886.75 mo. ~. ~ 98-177 ~~ c. a" ~~ ~~ ~g. ~~ ~~ . ~~~ ~~~ '!l~ ~ 2 ~ .. ~~ ~ ~ u "'J~ i~ " ,. ~ ~ 0 ~ ~ ~ II ,. is .:i"'ll _l!s i ~ .. .~2 ;l:R~ ':>i " " " !~- ~.r ~ .. 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