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RESOLUTION NO. 95-388
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2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING A LEASE
CONTRACT FOR THE CENTER FOR INDIVIDUALS WITH DISABILITIES BETWEEN
3 THE CITY OF SAN BERNARJDNO, THE COUNTY OF SAN BERNARDINO AND THE
AUTHORITY FOR THE H^NDICAPPED AND TERMINATING ALL PREVIOUS LEASE
4 AGREEMENTS.
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BE IT RESOLVED BY THE MA YOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1.
The Mayor of the City of San Bernardino is hereby authorized to
8 execute a lease contract with the County of San Bernardino and the Authority for the
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Handicapped for the Center for Individuals with Disabilities consisting of 17,900 square feet of
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building, real property and other improvements.
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SECTION 2.
, The authorization granted hereunder shall expire and be void and
of no further effect if the agreement is not executed by all parties and returm:d to the office of
the City Clerk within sixty (60) days following the effective date of the resolution.
I HEREBY CERTIFY th~t the foregoing resolution was duly adoptf;d by the Mayor and
Common Council of the City of San Bernardino 2t a regular
meeting thereof, held
h 6th d f'
on t e _____ ay 0
November
, 1995 by the following vote. to wit:
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1 RESOLUTION RE: A LEASE CONTRACT FOR THE C.l.D. BETWEEN CITY OF SAN
BERNARDINO, COUNTY OF SAN BERNARDIO AND THE AUTHORITY FOR THE
2 HANDICAPPED TERMINATING ALL PREVIOUS AGREEMENTS.
COUNCIL MEMBERS AYES NAYS ABSTAIN AINNI'
NEGRETE -L-
CURLIN x
HERNANDEZ x
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OBERHELMAN x
DEVLIN x
POPE-LUDLUM x
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MILLER X
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17 of
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Approved as to form
22 and legal content:
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Rac I Clark, City Clerk
The foregoing resolution is hereby approved this ?IL
November
, 1995.
23 James F. Penman
24 City Attorney
25' aw............
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.CO.CITY.SB
10/27/95
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Tom Minor, Mayor
City of San Bernardino
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E New Vendor Code Dept, Contract Number
M Change SC A 90~9~ ?
X Cancel
County Department Dept. Orgn. Contractor's License No.
REAL ESTATE SERVICES DEPT.
County Department Contract Representative Ph. Ext. Amount of Contract
JOHN YUHAS, PROP. MGR. 2767
Fund ! Dept., I Organization I Appr. II ObjlRev Source Activity I GRC/PROJ/JOB Number
AAA MLH MLH 200 2905 10092352
Commodity Code Estimated Payment Total by Fiscal Year
FY Amount liD FY Amount liD
Project Name
SAN BDNO DMH-C, D- - - -
-
- - -
- - - -
FOR COUNTY USE ONL Y
County of San Bernardino
FAS
CONTRACT TRANSMITTAL
CONTRACTOR
AUTHORITY FOR THE HANDICAPPED
Birth Date
Federal 10 No. or Social Security No.
Contractor's Representative
ERROL J. MACKZUM
CLERK OF THE BOARD OF SUPERVISORS, 385 Phone (909) 386-8875
N. ARROWHEAD AVE., 2ND FLOOR, SAN BERNARDINO, CA 92415-0130
Nature of Contract: (Briefly describe the general terms of the contract)
C/O
Address
This Lease Contract is for a period of five (5) years with five (5) five-year options to extend.
Leased premises consist of 17,900 square feet of the building, real property and other
improvements.
AUTHORITY to pay water, sewer, trash and all other utilities, and CITY and COUNTY are
to furnish and pay for their own telephone service.
(Attach this transmittal to all contracts not prepared on the "Standard Contract" form.)
Reviewed as to Affirmative Action
Reviewed for Processing
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Date
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Agency Administrator/CAO
Date
02.12294-000 Rev. 11/90
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COUN1Y OF SAN BERNARDINO
LEASE AGREEMENT
AUTIIORI1Y:
AUTHORITY FOR THE HANDICAPPED
OF SAN BERNARDINO COUNTY
c/o Clerk of the Board of Supervisors
385 North Arrowhead Avenue, Second Floor
San Bernardino, CA 92415-0130
CI1Y:
CITY OF SAN BERNARDINO
Parks and Recreation Department
547 North Sierra Way
San Bernardino, CA 92410
COUN1Y:
COUNTY OF SAN BERNARDINO
Public Works Group
Real Estate Services Department
825 East Third Street
San Bernardino, CA 92415-0832
PREMISES:
17,900 square feet located at 8088 Palm Lane
San Bernardino, CA 92410
TERM OF LEASE:
Five (5) years with five (5) five-year options
COMMENCEMENT DATE OF LEASE: July 1, 1995
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TABLE OF CONTENTS
PARAGRAPH
CAPTION
PAGE
1 PARTIES 1
2 PREMISES LEASED 1
3 USE 2
4 PURPOSE 2
5 METHOD OF ACCOMPLISHING PURPOSE 2
6 TERM 2
7 RENT 3
8 RENT ADJUSTMENT/REIMBURSEMENT 3
9 OPTION TO EXTEND TERM 4
10 RETURN OF PREMISES 4
11 HOLDING OVER 4
12 TAXES 4
13 HEALTH, SAFETY & FIRE CODE REQUIREMENTS 4
14 SIGNS 4
15 MAINTENANCE 5
16 ALTERATIONS 5
17 MAJOR REPAIRS & CAPITAL IMPROVEMENTS/RESERVE FUND 5
18 FIXTURES 6
19 UTILITIES 6
20 INDEMNIFICATION 6
21 INSURANCE 6
22 DESTRUCTION OF PREMISES 7
23 AUTHORITY'S ACCESS TO PREMISES 8
24 NOTICES 9
25 INCORPORATION OF PRIOR AGREEMENT 9
26 WAIVERS 9
27 AMENDMENTS 10
28 SUCCESSORS 10
29 SEVERABILITY 10
30 TIME OF ESSENCE 10
31 QUIET ENJOYMENT 10
32 PROVISIONS ARE COVENANTS & CONDITIONS 10
33 CONSENT 10
34 EXHIBITS 10
35 LAW 10
36 VENUE 10
37 ATTORNEYS' FEES AND COSTS 10
38 JURY TRIAL WAIVER 11
39 RIGHT TO TERMINATE LEASE 11
40 CAPTIONS, TABLE OF CONTENTS & COVER PAGE 11
41 SURVIVAL 11
42 INTERPRETATIONS 12
SIGNATURES 12
Exhibit "A" - Premises Leased
Exhibit "B" - Contract No. 78-708 - Joint Powers Agreement
Exhibit "C' - Contract No. 79-778 - School District Agreement
Exhibit "D" - Contract Nos. 80-883 and 80-884 - Ground Lease and Facilities Sublease
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SUBLEASE AGREEMENT
WHEREAS, the City of San Bernardino ("CITY") and the County of San Bernardino
("COUNTY") have previously entered into an agreement, County Contract No. 78-708
(Exhibit "B"), which created a joint powers entity, the Authority for the Handicapped of San
Bernardino County ("AUTHORITY"), (collectively "the Parties"), and;
WHEREAS, the AUTHORITY's purpose is to organize and administer an area-wide
handicapped facility known as the Center for Individuals with Disabilities ("CID"), and;
WHEREAS, the COUNTY purchased land ("Site") from the San Bernardino Unified
School District ("DISTRIIT') to be used for the cm under County Contract No. 79-778
(Exhibit "C"), and;
WHEREAS, the COUNfY leased the Site and improvements thereon
("Improvements") to the AUTHORITY under Lease Agreements, County Contract Nos. 80-
883 and 80-884 respectively (Exhibit "D"), and;
WHEREAS, the Site and the Improvements are located at 8088 East Palm Lane, San
Bernardino, California, and are hereinafter referred to collectively as the "Premises", and;
WHEREAS, the CITY and COUNfY subleased the majority of the Premises from
the AUTHORITY under Lease Agreements, County Contract Nos. 81-651 and 80-911
respectively, and;
WHEREAS, the term of the subleases between the CITY, COUNTY and
AUTHORITY, County Contract Nos. 81-651 and 89-911, expire June 30, 1995, and;
WHEREAS, the CITY, COUNfY and AUTHORITY entered into Operation and
Maintenance Agreements for the Premises, Lease Agreements, County Contract Nos. 81-649
and 81-650 respectively, and;
WHEREAS, on March 8, 1995, 2,300 square feet of office space and other
improvements were completed on and became part of the Premises (the "Annex Space"),
and;
WHEREAS, the Parties desire to provide for use, operation and maintenance of the
Annex Space, and;
WHEREAS, the Lease Agreements, County Contract Nos. 80-911, 81-651, 81-649 and
81-650 respectively, require clarification, and the Parties desire to terminate the agreements
and enter into a new consolidated agreement.
NOW, TIIEREFORE, the Parties agree the Lease Agreements, County Contract Nos.
80-911,81-651,81-649 and 81-650 are terminated in their entirety, and the following Lease
Agreement is substituted therefor:
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1. PARTIES: This lease is made between the AUTHORITY, as landlord, and
the COUNTY and the CITY, as tenants, who agree as follows:
2. PREMISES LEASED: AUTHORITY leases to CITY and COUNTY and
CITY and COUNTY lease from AUTHORITY the buildings (totalling 17,900 square feet),
real property and other improvements, located at 8088 E. Palm Lane, San Bernardino,
California 92410 ("Premises"), as described in Exhibit "A", and is also known as the Center
for Individuals with Disabilities ("CID").
A This lease is subject to the rights and duties of the DISTRICT as set
forth in County Contracts No. 79-778 (Exhibit "C") and 80-884 (Exhibit "D"), including the
use of the pool and maintenance of the grounds.
3. USE: CITY and COUNTY shall jointly occupy and use the Premises during
the term hereof for the purposes of providing a recreational and community center for
individuals with disabilities as provided in County Contract No. 78-708, between the CITY
and COUNTY, and attached to this agreement as Exhibit "B" (the "Joint Powers
Agreement", the "JPA"). The CITY and COUNTY have designated areas which are
exclusive use, joint use and/or used in common in Exhibit "A". The CITY and COUNTY
shall agree on scheduling and use and reserve the right to modify areas used from time to
time as they so agree. COUNTY and CITY, to the extent their programs and use of the
Premises will reasonably permit, shall allow the JP A and other individuals and groups to use
the Premises for activities which are consistent with the purposes of the Joint Powers
Agreement.
4. PURPOSE: This agreement is made to set forth the responsibilities of the
parties and to ensure the equitable distribution of uses, costs of operation and maintenance
of CID.
5. METHOD OF ACCOMPLISHING PURPOSE:
A. The parties intend to and are authorized to operate programs in CID
consistent with the objectives of the Joint Powers Agreement. Each party shall bear the
entire amount of its programs' operating costs.
(1) Program operating costs are the direct costs of operating any
program within CID. These costs are comprised of but not limited to personnel, services
and supplies necessary for service delivery and other costs paid by the party operating the
program. These costs do not include the cost of leasing space in CID.
B. In order to facilitate program operation for the CITY and COUNTY
(and not as part of its rent or maintenance obligation), the CITY agrees to provide, at its
own cost, a full-time (at least 40 hours per week) manager for CID, and all furniture,
equipment and supplies needed by the manager. Said manager shall be a CITY employee.
No manager shall be appointed or continued in the position by the CITY unless the
manager has the approval of the AUTHORITY. The manager shall operate the entire CID,
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including arranging for maintenance and repairs. The manager shall also assure that all
programs therein are operated in a manner consistent with the policies and directives of the
AUTHORITY.
C. In order to facilitate program operation for the CITY and COUNTY
(and not as part of its rent or maintenance obligation), the COUNTY agrees to provide, at
its own cost, a full-time (at least 40 hours per week) receptionist for CID, and all furniture,
equipment and supplies needed by the receptionist. Said receptionist shall be a COUNTY
employee. No receptionist shall be appointed or continued in the position by COUNTY
unless the receptionist has the approval of the AUTHORITY. The receptionist shall
perform the duties of a receptionist at CID and the other duties assigned in a manner
consistent with the. policies and directives of AUTHORITY.
D. The COUNTY and .CITY shall share the total maintenance cosls of
CID. Rent payments as provided in Paragraph 7, RENT, shall be considered a payment of
maintenance cost.
6. TERM: This lease shall commence on July 1, 1995, and end on June 30, 2000
("initial term").
7. RENT:
A. The rent payable by COUNTY and CITY shall be based on the actual
costs of maintenance of the Premises ("maintenance costs"), which shall include the building,
equipment, janitorial services and supplies, utilities, taxes and insurance as set forth in
Paragraphs 12, "TAXES", 15, "MAINTENANCE", 19, "UTILITIES" and 21, "INSURANCE",
plus five percent (5%) for reserves for major repairs/maintenance (the "Reserve Fund"),
as provided for in Paragraph 17, "MAJOR REPAIRS AND CAPITAL
IMPROVEMENTS/RESERVE FUND". Maintenance costs do not include program
operating costs, grounds and pool maintenance costs.
B. COUNTY and CITY shall each be responsible for fifty percent (50%)
of the total maintenance costs as provided above for Cill. COUNTY and CITY shall each
pay to AUTHORITY monthly rental payments, in advance, in the amount of Five Thousand
and 00/100 Dollars ($5,000.00), commencing when the term commences, continuing during
the term, subject to adjustment as provided below in Paragraph 8, "RENT
ADJUSTMENT/REIMBURSEMENT".
8. RENT ADJUSTMENT /REIMBURSEMENT:
A. AUTHORITY shall supply CITY and COUNTY with an accounting
statement confirming the actual maintenance costs of the Premises for the period July 1st
through June 30th of each year, as soon after the end of the period as is practicable.
B. AUTHORITY shall adjust the monthly rent payable by CITY and
COUNTY pursuant to Paragraph 7, "RENT", (increase or decrease) for tbe next twelve (12)
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month period based on the actual maintenance costs as verified by the accounting report.
C. Should the maintenance costs as confirmed by the accounting report
for the previous twelve (12) month period be less than the actual rent obligations of CITY
or COUNTY, AU11IORITY shall refund to CITY and COUNTY any overpayment, and
AUTHORITY shall adjust downward the monthly rent obligation of CITY and COUNTY
for the following twelve (12) month period. Conversely, if the accounting report shows an
increase in costs as estimated, and a shortage of payments results, the shortage shall be paid
to the AU11IORITY by adding the amount of shortage, amortized over the next year's lease
period and combined with the new adjusted lease rate covering the lease year July 1 through
June 30, and each subsequent lease year, and lease options so exercised.
D. Notwithstanding the above, COUNTY and CITY each agree that if its
payments paid to AU11IORITY are less than its fifty percent (50%) share of the costs, it
shall pay to AU11IORITY the difference, promptly upon being billed by AU11IORITY.
9. OPTION TO EXTEND TERM:
A. AU11IORITY gives CITY and COUNTY the option to extend the term
of the lease on the same provisions and conditions, except for the monthly rent, for five (5)
five-year periods ("extended terms") following expiration of the initial term, but in no event
beyond the parties' obligations under the Joint Powers Agreement. CITY and COUNTY
shall give notice of their intention to exercise the option to AUTHORITY prior to the
expiration of the preceding term. The rent for each extended term shall be adjusted as
provided in Paragraph 8, "RENT ADJUSTMENT/ REIMBURSEMENT".
10. RETURN OF PREMISES: The CITY and COUNTY agree that they will,
upon any tennination of this lease, return the Premises in as good condition and repair as
the Premises now are or shall hereafter be put; reasonable wear and tear excepted.
11. HOLDING OVER: In the event the CITY and COUNTY shall hold over and
continue to occupy the Premises with the consent of the AU11IORITY, 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 lease.
12. TAXES: AU11IORITY shall pay all real property taxes, and general and
special assessments levied and assessed against the Premises, if any.
13. HEALTH. SAFETY AND FIRE CODE REOillREMENTS: AUTHORITY 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 of the leased Premises be in any way prejudiced
or prevented due to changes in the ADA or the Health, Safety or Fire Codes of Public
Buildings, the AU11IORITY herein shall correct, update and comply with said changes.
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14. SIGNS: CITY and COUNTY will display only such sign or signs as are not
prohibited by law.
15. MAINTENANCE:
A. Except as specifically provided in subparagraph 15c, below,
AUTHORITY 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 AUTHORITY 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;
(5) The servicing of fire extinguishers or any other fire suppression
equipment attached to the facility, and;
(6) Interior maintenance and janitorial services and supplies.
B. AUTHORITY at its cost shall repair the Premises if they are damaged
by: (1) causes over which CITY and COUNTY have no control; (2) acts or omissions of
AUTHORITY, or its authorized representatives.
C. The AUTHORITY has no obligation for maintaining the grounds and
the pool. The parties acknowledge it is the responsibility of the DISTRICT to maintain the
grounds and pool. The parties agree the DISTRICT is entitled to the use of the pool and
CID as provided in County Contract Nos. 79-778, (Exhibit "C") and 80-884 (Exhibit "D").
16. ALTERATIONS: CITY or COUNTY shall not make any structural or exterior
improvements or alterations to the Premises without AUTHORITY's consent. Any such
alterations made shall remain on and be surrendered with the Premises on expiration.
17. MAJOR REPAIRS AND CAPITAL IMPROVEMENTSIRESERVE FUND:
The parties agree that every effort will be made by CITY and COUNTY to pursue
community block grant funding for major capital repairs and improvements. In the event
community block grant funding is not available, the AUTHORITY shall use Reserve Funds
for major capital repairs and maintenance as agreed by the parties. The Reserve Funds
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shall be maintained in an interest bearing account. If AUTHORITY determines excess
funds are available in the Reserve Fund, AUTHORITY may, as agreed by the parties, apply
said excess funds to maintenance costs and reduce rent obligations of CITY and COUNTY
accordingly.
18. FIXTURES: CITY or 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 Premises. Such shelving, fixtures, improvements, and alterations shall
remain the property of the CITY or COUNTY and may be removed by the CITY or
COUNTY during the term(s) of this lease or within a reasonable time thereafter, provided
that the CITY or COUNTY restores the Premises to the condition as it existed at the
commencement of this lease, reasonable wear and tear excluded, or the CITY or COUNTY,
in their sole discretion, may elect to surrender all or any part of such shelving, fIxtures,
improvements and alterations to the AUTHORITY, in which case CITY or COUNTY shall
have no duty to restore the Premises. Any such election to surrender must be in writing,
but need not be accepted by AUTHORITY to be effective.
19. UTILITIES: AUTHORITY shall furnish to the Premises and pay all service
charges and related taxes for water, trash, sewer and all other utilities. The CITY and
COUNTY shall furnish and pay for their own telephone service.
20. INDEMNIFICATION: The AUTHORITY agrees to indemnify, defend and
hold harmless the COUNTY or CITY and their authorized agents, officers, volunteers and
employees against any and all claims or actions arising from AUTHORITY's acts or
omissions and for any costs or expenses incurred by the COUNTY or CITY or
AUTHORITY on account of any claim therefore.
The COUNTY and CITY agree to indemnify and hold harmless the
AUTHORITY and their authorized agents, offIcers, volunteers and employees against any
and all claims or actions arising from COUNTY's or CITY's negligent acts or omissions on
account of any claim therefore.
21. INSURANCE:
A. COUNTY and CITY are public entities and are self-insured.
B. AUTHORITY shall, at its own expense, obtain and maintain 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 damage.
(2) Fire Insurance: Standard fIre and extended coverage insurance,
with vandalism and malicious mischief endorsements to the extent of at least forty percent
(40%) of the full replacement value of the Premises.
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(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 AUTHORITY and all risks
to such persons under this agreement.
C. AUTHORITY shall immediately furnish certificates of insurance to the
COUNTY evidencing the above required insurance coverage upon the commencement of
this lease. Within sixty (60) days of the commencement of this lease the AUTHORITY
shall furnish the COUNTY certified copies of the policies and endorsements.
D. COUNTY and CITY 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 AUTHORITY. AUTHORITY shall be required to inform
CITY and 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 canceled until a thirty (30) day written notice of
cancellation has been mailed to Public Works Group - Real Estate Services Department,
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 CITY and against any and all of COUNTY's and CITY'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 and CITY.
E. The above insurance requirements are subject to periodic review by the
CITY and COUNTY. The CITY and 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 CITY and COUNTY. In addition, if the
Risk Manager detennines 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 claims against the COUNTY and CITY, inflation,
or any other item reasonably related to the COUNTY's and CITY'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.
AUTHORITY agrees to execute any such amendment within thirty (30) days of receipt.
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F. In the event COUNTY or CITY receives a thirty (30) day notice of
cancellation concerning any of the required policies, or should AUTHORITY fail to have
in effect the required coverage at anytime during this lease, COUNTY and CITY may give
notice to AUTHORITY to reinstate or acquire the affected coverage. Should
AUTHORITY or CITY fail to reinstate or acquire the affected coverage within ten (10)
days of COUNTY's notice to reinstate or acquire such coverage, COUNTY or CITY may
either terminate the lease, reinstate or acquire the affected coverage, and AUTHORITY
shall reimburse COUNTY and CITY for the necessary cost at CITY and COUNTY's
option. If AUTHORITY does not reimburse COUNTY and CITY within ten (10) days
after demand by COUNTY and CITY, COUNTY and CITY shall have the right to withhold
from future rent due the sum COUNTY and CITY has expended until COUNTY and CITY
is reimbursed in full.
22. DESTRUCTION 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, AUTHORITY
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.
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, AUTHORITY 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.
C. 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 Premises unusable
for the purpose intended, CITY and COUNTY shall, within thirty (30) days of the casualty
and at their option and in their sole discretion, terminate this lease by notice to
AUTHORITY or request AUTHORITY to restore the Premises. If CITY and COUNTY
request AUTHORITY to restore the Premises, the AUTHORITY shall either terminate this
lease by notice to CITY and COUNTY within ten (10) days of receiving COUNTY's request
for restoration or commence restoration of the Premises within ninety (90) days of receiving
CITY and COUNTY's request for restoration and thereafter diligently pursue complete
restoration of the Premises within a reasonable time.
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, CITY and 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
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out in paragraphs "A", "B" and "c" above, and the lease is not terminated because of such
destruction, AUTHORITY agrees to use any and all insurance proceeds received for said
destruction in the restoration of the Premises.
F. In the event AUTHORITY is required to restore the Premises as
provided in this paragraph, AUTHORITY shall restore, at AUTHORITY's expense, any
structural or exterior improvements or alterations to the Premises made by CITY or
COUNTY pursuant to Paragraph 16, "ALTERATIONS", of this lease but shall not be
responsible for restoring any shelving, fIxtures, or interior nonstructural improvements or
alteration made by the CITY or COUNTY pursuant to Paragraph 18, "FIXTURES", of this
lease.
G. 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.
23. AUTHORllY'S ACCESS TO PREMISES: AUTHORITY 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 AUTHORITY has the right or obligation to perform, and;
c. To serve, post, or keep posted any notices required by law.
AUTHORITY 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 CITY and COUNTY.
24. NOTICES: Any notice, demand, request, consent, approval, or co=unication
that either party desires or is required to give to the other parties 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 co=unication that either party desires or is
required to give to the other parties shall be addressed to the other parties at the address
set forth below. Any party may change its address by notifying the other parties of the
change of address. Notice shall be deemed co=unicated two (2) working days from the
time of mailing if mailed as provided in this paragraph.
AUTHORITY's address: Authority for the Handicapped of San Bernardino County
c/o Clerk of the Board of Supervisors
385 North Arrowhead Avenue, Second Floor
San Bernardino, CA 92415-0130
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CITY's address: City of San Bernardino
Parks and Recreation Department
547 North Sierra Way
San Bernardino, CA 92410
COUNTY's address: County of San Bernardino
Public Works Group
Real Estate Services Department
825 East Third Street
San Bernardino, CA 92415-0832
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 shall be
effective for any purpose.
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.
27. 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, expressing by its tenus an intention to modify this lease.
28. SUCCESSORS: This lease 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 portion of this lease is or shall be invalid for any reason, the same shall be
deemed severable from the remainder hereof and shall in no way affect or impair the
validity of this lease or any other portion thereof.
30. TIME OF ESSENCE: Time 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, performance may be made within a reasonable time.
31. OUIET ENJOYMENT: Subject to the provisions of this lease and conditioned
upon performance of all the provisions to be performed by CITY and COUNTY hereunder,
AUTHORITY shall secure to CITY and COUNTY during the lease 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 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
10
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. VENUE: The parties acknowledge and agree that this lease was entered into
and intended to be performed in San Bernardino County, California. The parties agree that
the venue for any action or claim brought by any party to this lease will be San Bernardino
County. Each party hereby waives any law or rule of court which would allow them to
request or demand a change of venue. If any action or claim concerning this lease is
brought by any third party, the parties hereto agree to use their best efforts to obtain a
change of venue to the Central District of San Bernardino County.
37. ATIORNEYS' FEES AND COSTS: If any legal action is instituted to enforce
or declare any party's rights hereunder, each party, regardless of which party is the
prevailing party, must bear its own costs and attorneys' fees.
38. JURY TRIAL WAIVER: AUTHORITY, CITY 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 AUTHORITY against
CITY or COUNTY or CITY or COUNTY against AUTHORITY on any matter whatsoever
arising out of, or in any way connected with, this lease, the relationship of AUTHORITY
and CITY or COUNTY, CITY's or 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.
39. RIGHT TO TERMINATE LEASE:
A. AUTHORITY expressly recognizes that the CITY and COUNTY are
governmental entities created by specific statutory authority and that the CITY's or
COUNTY's ability to contract and pay for leased space is predicated upon continued
funding. Therefor, the CITY or COUNTY shall be entitled to unilaterally terminate this
lease when either CITY or COUNTY, in their sole and unfettered discretion, determine that
funding for their programs at the cm have been or will be substantially reduced or
discontinued, notwithstanding any provision in this agreement to the contrary, upon written
notice delivered to the AUTHORITY at least sixty (60) days prior to the notice date of
termination.
B. This agreement may be terminated by mutual consent of the parties.
40. CAPTIONS. TABLE OF CONTENTS AND COVER PAGE: The paragraph
captions, table of contents and the cover page of this lease shall have no effect on its
interpretations.
11
41. SURVIVAL: The obligations of the parties which, by their nature, continue
beyond the term of this lease, will survive the tennination of this lease.
42. INTERPRETATIONS: As this agreement was jointly prepared by the 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 any party hereto.
END OF LEASE TERMS.
COUNTY: County of San Bernardino
AUTHORI1Y: Authority for the
Handicapped of San Bernardino County
a.~~
Chairman, Board of Supervisors
By ~ f'~
-
r,. 0" ,,,,...,..
Dated: 0". ,j IJ~~
Title:
SIGNED AND CERTIFIED THAT
A COpy OF TIllS DOCUMENT
HAS BEEN DELIVERED TO
THE CHAI~QK~ BOARD
r.;< . ~ . , - ':.......
....": > , ' t'~\
EARLENJfSP~OAT, Clerk b'(
the Boar1J?f Supervisors \
By: ~. ~Jv
"".:,'Deputy .. ", //
'-\~R1t-': ,::""., (.'\.'.,.~/;,.:"" .;;{~/>'
Dated' v,T:,,} '.1' " ",.,
. ~.,,;I-;-!,t-p1'..!""'Y
Approved as to Legal Fonn:
ALAN K MARKS, County Counsel
Dated:
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CI1Y: City of San Bernardino
By~111~
I Mayor
Dated:
Attest:
By:
By: ~,L ~
City Clerk
Dated:
Dated:
Approved as to Form:
This ], I j- dayof 0 vi<:r"" , 1995
Btt~7.~
, City Attorney
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EXHIBIT "A" - Premises Leased
Site Plan for Center for Individuals
with Disabilities (CID)
8088 PALM LANE
SAN BERNARDINO, CA 92410
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EXHIBIT "A" - Premises Leased
Floor Plan - Main Building
15,600 square feet
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EXHIBIT 'A" . CENTER FOR INDIVIDUAL WITH DISABILITIES
DESIGNATED USE AREAS
EXCLUSIVE USE:
ROOM CITY COUNTY JOINT USE COMMON AREA
Main Building:
Pool area X
Ceramics X
Room #2 X
Room #3 X
Kitchen X
Room #7 X
Lobby X
Hallway X
Rest rooms X
C.l.D.
Office # 1 X
Office #2 X
Office #3 X
Office #4 X
Office #5 X
Office #6 X
Annex:
Office #1 X
Office #2 X
Office #3 X
Office #4 X
Office #5 X
Office #6 X
Office #7 X
Office #8 X
Office #9 X
Office # 10 X
Storage A X
Storage B X
Conference room X
Lobby X
Hallway X
Rest rooms X
PAGE 4 OF 4
DATe
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R. AN1>.~l
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lrector
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EXHIBIT "B"
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TO =CA2D ~f 3~FE~V~3CRS
SU8JECT"G::~IC;" 1:::0\1
CREAT~ON OF AN AUTriORITY FOR THE HANDICAPPED OF SAN BERNARDINO
COUNTY
::::.::.>~.;E:r--;CA T 1 ON
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TriAT TriE BO.~~ OF SUPEKvISORS EXECUTE THE JOINT PO\iERS AG~~~NT CREATING.A
SEPARAT~ PUBLIC ENTITY TO ORGANIZE . AND ADMINISTER AN AREAWIDE K~NDICAPPED
CENTER AND CARE SYST~'1 IN TEE NORTH NORTON BLOCK GRANT TARGET AREA .
This v~hicle ~as reco~enaed by County Counsel as the most a~propriate
to maintain,- operate and administer the facility consistent with the.
specific requir~~ents of the Federal, State, County, City, and School
District Code, Ordinance, and Policies.
The Ce~ter for Individuals with Disabilities is an integYal segment of
the North Norton co~plex which will include in addition to the Center,
the North Norton Neighborhood Facility, a s~L~ing 9001 for the handi-
capped, and the North Norton Neighborhood Park. .
No General Funds are involved in the capital comrnittrnent ($866,452),
it is 100% Co~~unity Development Block Grant funded.
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Community Develoc~ent
B.lock Grant
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~?G' COUNTY OF SAN BERNARDINO
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COllnty Ocp,wlmcnt
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OFFICE OF CO:-!!.:UNITY DEVJ:.wPMENT
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Covnty De-I.'arl'ncnt Contract Rt:prt'senlalive
o Rtn:;".ilule 0 Term;n~lCl
CONTRACT TRANSMITTAL
DON E. NEI-ICOP.E
Budge1 Unit NO'1 S.vb.Objecl No.
Ph. Ext. 1150 Dale:
I Fund No, I Job No. I Amount 01 Contr.ifct I
Check One: 0 Expenditure
S.S,A. ~
o Revenue
If conlract hits morc thJn one payment or receipt. 'I
complele the following.
Number of payments::
Enjr;1a!!!d amount of each: S -J
or Federal
Employer 10;;
Contractor:
CITY OF SAN BER."A.'U)INO COM!1UNITY DEVELOP!1ENT
Contractor's Representative:
G)\.RY VA." OSDEL
Address:
300 N. "D" Street. San Bernardino
Phone:
383-5003
J'\!?lure of Contract: (Briefly describe the general terms of the contract)
By virtue of this Agre~"ent the City of San Bernardino and the County of
'San Bernardino agree to form a separate public entity to organize and
administer an areawide_ handicapped center in the North Norton target
area.
This Agreement designates the City of San Bernardino as the lead agency
in impl~~ent~g and monitoring this agency.
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OCT 1 6. 1975
THIS AGREEMENT is made and entered into this . day
of , 1978, by and between the City of S~~ Bernardino
a municipal corporation, hereinafter referred to as "cityU and
the County of San Bernardino, a body politic, hereinafter referred
to as "County".
w r T N E ~ SET H:
\'lliEREAS, City and County are desirous of providing a
recreational and community center for individuals with disabilitie
in San Bernardino County; and
\lliEREAS, individuals with disabilities are recognized
by County and City to be individuals defined in the United States
Rehabilitation Act of 1973, as follows: "Persons who (1) bear
a'physical or mental impairment which substantially limits one
or more of such persons major life activities, (2) has a record of
such impairment or, (3) is regarded as having such an impairment";
and
WHEREAS, County and City recognize that the Center for
Individuals with Disabilities shall be utilized by children,
adolescents, adults and senior citizens who have diagnosed dis-
abilities as follows: (1) hearing impairments, (2) visual
impairments, (3) orthopedic deformity of functional impairment,
except amputations, (4) absence or amputation of major or minor
member, (5) mental, psychoneurotic and personality disorders
and other handicapping conditions for which etiology is not
known or not appropriate, (6) developmental disabilities or
communicative disorders; and
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WHEREAS, the County and City recognize that the Center
is to be located within the County's designated North Norton
community Development Target Area within the boundaries of the
San Bernardino City Unified School District, hereinafter referred
to as District, and is in close proximity to the boundaries
of the ci ty; and
WHERE.Z\S, County and City recognize that the East San'
Bernardino Valley area has no facility specifically designed to
meet the leisure, social and recreational needs of indiyiduals
with disabilities; and
WdER~~S, County and City have a mutual interest in
providing necessary governmental services to and enhancing the
quality of life of their residents ,vith disabilities and recognize
that only through the joint efforts of the County and City can
individuals with disabilities be adequately and efficiently
served; and
HHEREAS,the parties hereto deem it necessary to create
a separate public entity by joint exercise of powers agreement to
devise an organizational and administrative structure for the
operation of an area-wide handicapped center and care system in
the., geographic territory of the parties to the agreement and
to secure approval of the Federal Government for. grants and funds
and State Government for grants, funds, and
vlliEREAS, City of San Bernardino and County of San
Bernardino have established a Joint Powers Authority which
provides a recreational and community center for individuals ,-Ii th
disabilities in the North Norton Community Development target
area; and
WHEREAS, District may appoint a voting member to said
Joint Powers Agreement and desires to use said facility and to
cooperate .,ith said City, County and Joint PO\vers Authority in the
operation of said facility as a community recreation facility; and
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\~EREAS, District ownS the land upon which said
recreational and co~unity center is to be constructed.
NOW, THEREFORE, County and City for and in consideration
of the mutual promises and agreements herein contained, do agree
as follows:
Section 1. . Purpose.
This agreement is made pursuant to the provisions of
Article I, Chapter V, Division VII of Title I of the Government
Code of the State of California commencing at Section 6500,
hereinafter called Act, relating to the joint exercise of powers
co~~on to public agencies. Toe parties above-mentioned each
possess the powers referred to in the recitals hereinabove. The
purpose of this contract is to utilize Community Development
Block Grant (CD3G) monies and District property for the'constructic
of the San Bernardino Center for Individuals with Disabilities,
the North Norton Neighborhood Park and North Norton Neighborhood
facili ty, and the creation of the "Authority for the Handicapped
of San Bernardino County." The purpose of this agreement is to
exercise each of these powers jointly by acquiring, constructing,
leasing" and subleasing the Center for Individuals with Disabilities
North Norton Neighborhood Park, and North Norton'Neighborhood
facility, including public building and related facilities,
together with necessary or convenient appurtenances, parking
facilities, walks, other site improvements and to provide for
maintenance and operation of said' facilities by means of said
subleases and to maintain and operate said facilities in the
'event of any default under any sublease. Such purposes will
be accomplished and said common powers exercised in the manner
set forth in this agreement.
Section 2. . Term.
This agreement shall become effective as of the date
hereof and shall continue in full force and effect for a term of
forty years or until terminated by mutual consent of the parties.
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At any time after this agreement has been in effect for three
years, either party may withdraw from this agreement by giving
six months' written notice to the other party, provided both
parties shall pay their proportionate share of any indebtedness
of the authority or of either party, which, was incurred in
performance of obligations under this agreement, while either
party was a member,of the authority, and shall comply with
any lease, sublease, or agreement with the authority or of which
the, authority is a Beneficiary. Provided, hO'.vever, that this
agreement shall terminate three years from the date hereof ~n
the event construction for said recreational and cO~"lli,ity center
with buildings and pool is not commenced within three years.
section 3. Authority Creation.
A . Creation 'of Authority .
Pursuant to Section 6506 of the California Government
Code there is hereby created a public entity to be known as,
"Authority for the Handicapped bf, San,' B~rnardino County", herein-
after referred to as Authority, and said Authority shall be a
public entity separate and apart from the City and County which
are parties to this agreement. The debts, liabilities and
obligations of the Authority shall not constitute debts,liabiliti(
or obligations of either City or County.
B. 'Governin'q Board.
Tne Authority shall be governed and administered by
a governing board of five members ,each serving in their individual
capacity as meIT~ers of the governing board. The governing board
shall be called "Governing Board of Authority for the Handicapped
of San Bernardino County", hereinafter called "Board". All members
of the Board shall be electors of the County and shall receive no
compensation for serving as members, One member of the Board
shall be appointed by the Board of Supervisors of the County,
one member shall be appointed by the City Council of the City, and
one member shall be appointed by the Trustees of the San Bernardin
City Unified School District. These three members shall appoint
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two public members of the Board. The term of appointment of the
County, City and School district shall be for four years. The
initial term of each public member shall be two years. Upon the
expiration of the initial terms, all succeeding terms shall be
four years. Members shall hold membership on the Board during the
term for which they are appointed and until their successors
are appointed. In the case of a vacancy in membership on the
Board, the same shall be promptly filled in the same manner as
it was originally filled. An appointment to fill a vacancy
occuring during an unexpired term shall be for the period of
the unexpired term. All voting power shall reside in the
governing board.
C. Meetinqs of the Gove rnin'q "Board.
1. Regular Meetings. The governing board of the
authority shall provide for its regular meetings; provided
however, that it shall hold at least one regular meeting each
year. The date, power and place of holding of the regular meeting
shall be fixed by resolution of the governing board and a copy
of such resolution shall be filed with each of the parties thereto
and posted in a convenient public place.
2. Ralph M. Brown Act. All meetings of the governing
board of the authority, inCluding without limitation regular,
adjourned regular, and special meetings shall be called, noticed
and held and conducted in accordance with the provisions of the
Ralph M. Brown Act, commencing with Section 54950 of the Governrnen
Code.
3. H.i.nutes. The Secretary of the authority shall
cause to be kept minutes of the regular, adjourned regular, ,and
special meetings of the governing board and shall, as soon as
possible after each meeting, cause a copy of the minutes to be
forwarded to each member of the governing board and to the clerk
of the parties to the agreement.
4. Quorum. Three members of the governing board of
the authority shall constitute a quorum for the transaction of
business, except that less than a quorum may adjourn from time to
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1 time; provided that the affirmative vote of at least three
2 members of the governing board shall be required for the approval
3 of any, 'resolution as to which action of the governing board is
4 required.
5
6 D. 'Officers.
The board shall elect a chairman, and vice chairman,'
and other necessary officials. The secretary of the authority
shall be the Clerk of the Board of Supervisors of the County of
San Bernardino. Tne treasurer of the authority shall be the
Treasurer of the County of San Bernardino, to be the depository
~~d have custody of all money of the authority from whatever
sources. ~,e auditor-controller of the authority shall be the
Auditor-Controller of the County of San Bernardino, who shall
draw all warrants to pay demands against the authority approved
by the governing board. The attorney for the authority'shall be
the County Counsel of the County of San Bernardino or his duly
authorized Deputy. Public officers or persons ,,'ho have charge
of or who handle or have access of any property of the authority
shall file an official bond in the amount fixed by law. The
authority shall have power to appoint and employ such other
officers, .employees, consultants, advisors, and independent
contractors as may be deemed necessary.
E. 'Reirnbursemen't'o'f Costs.
It is anticipated by the parties that the authority
shall make application for Federal funds and will receive income
from other sources. In the event that the authority engages
in the activities described in this agreement, the authority
shall reimburse the County of San Bernardino to the extent
authorized by law, for services of the Auditor-Controller,
Treasurer and' Attorney ,at the reasonable costs of providing
the aforesaid services.
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Section 4. 'Powers 'of Authori ty.
Authority shall have the powers common to the City and
County set forth in' the agreement, to wit: The power to acquire
sites and to acquire, maintain, .operate and lease public buildings
and related facili ties, ,the power to provide for the development"
of a Handicapped Center. " The Authority shall further have the
prn"er to provide for the maintenance and operation of facilities
which have been acquired or constructed in whole or in part by
the Authority by means of lease or sublease or to maintain and
operate said facilities in the event of any default under said
lease or sublease. The Authority is aUL~orized to do all acts
necessary for the exercise of such common power or purpose,
including, but not limited to any of the fOllowing, to ma~e and
enter into contracts, leases, ,to employ agencies and employees,
to acquire, develop, maintain, and operate facilities for handi-
capped individuals, to serve the members of this agreement and
their citizens ,and to hold and dispose of property, to incur
debt; liabilities and obligations, to have the po,jPr to sue
and be sued in its O,'.'n name and to receive gifty" Such pOIVers
shall be exercised in the manner provided by the Act, and except
as expressly set forth herein, subject only to the restriction
upon the manner of exercising these such powers as imposed upon
or effected upon said County of San Bernardino in the exercise
of ~imilar powers. Notwithstanding the generality of the fore-
going, the Authority shall have no power to bind any of the
parties to any monetary obligation whatsoever by this agreement
other than expressly authorized by the mutual written consent
of said County of San Bernardino and the City of San Bernardino.
Section 5. 'Advisory Bodv.
A. '"Creation.
There shall be established by th~s Authority advisory
bodies made up of providers of handicapped service consumers
and such other persons or agency as deemed necessary by the
governing board. Tnese advisory bodies shall be knrnvn as
Authority for the Handicapped Advisory Councils.
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B. Responsibility.
The advisory council shall be responsible upon request
of the Authority for providing any and all assistance, advice, .
and information relative to the planning, coordination, operation
and evaluation of programs and projects which are of a proper'
concern to the authority. rne manner of conducting the business:
of the advisory council shall be in accordance with the rules
and bylaws as adopted by the authority,.
C. Disposition of Assets . '
Upon the termination of this agreement, all property
of L~e AUL~ority shall vest in the City of San Bernardino and
County of San Bernardino in proportion to the contribution of
each to the creation of the Authority.
The City, Coun ty and
Authority shall execute any instrument or convey~~ce necessary
to provide for the vesting of real property_ District shall have
an irrevocable option to purchase from the Authority any real
property deeded by the District to County for the purpose of
this agreement, upon payment to authority of the fair market
value of any improvements on the real property, exclusive of
land value, .at the termination of this agreement.
D. Hethodof: Accomplishinq' ,Purpose.
1. City shall cause to be called on behalf of City,
County and District a series of meetings between City, County and
District representatives for the purpose of reviewing and
approving all plans and specifications of projects contained
herein in accordance with the following schedule: (1) Upon
completion of the schematic master plan, (2) upon completion of
preliminary' drawings, ,( 3) upon completion of working drawings,
(4) upon completion of contract documents, and (5) upon,receipt
of bids. City shall after reaching mutual agreement with County
and District, ,award contracts on all phases of the project to the
lowest and best bidder in accordance with the procedures customaril
followed by the City.
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2. City shall make all payments due to architect
and, on behalf of all parties, shall make all' progress payments
to contractor(s) for the construction of said facilities. It is
understood and agreed that payments shall be made by County to
City upon the basis of cost-reimbursement. Tne City's request for
payment shall be accompanied by all pertinent source doclliuentation
(contractor's request for payment, invoices, etc.) . Said sUlT\S
shall not be due and payable until thirty (30) days after receipt
of billing by County from City.
3. City agrees to obtain the County's and District's
approval prior to any obligation of funds with regard to the
construction of said facilities which would result in a total
cost in excess of $1,349,452. Any such action must be approved
by the COlli.ty and District and the County's and District's
approval is a condition precedent to the Co~~ty's obligation to
re~uburse the City for any such added expense.
4. County shall provide $866,452 for architectural,
engineering and L~e construction of the Center for Individuals
with Dis~ilities, Swi.rnming Pool (Handicapped), North Norton
Neighborhood Park ~~d North Norton Neighborhood Facility. Said
funds having been budgeted as a portion of the Community
Development money obtained by the County for the following
individual projects:
Center for Individuals with Disabilities . $350,000
Swimming Pool (Handicapped) . .. . . $150,000
North Norton Neighborhood Park. . . . . . . . $ 76,973
North Norton Neighborhood Facility ..... $289,479
5. City shall provide $483,000 for architectural,
engineering and the construction of the Center for Individuals
with Disabilities, said funds having been budgeted as a portion
of the Community Development money obtained by the City for the
follmving:
Center for Individuals, with Disabilities. . . $483,000
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6. District intends to sell to the County, prior to
November, 1978, .at a price not to exceed one dollar ($1.00), ,all
that real property situated between Anderson School and Monterey
School in the County of San Bernardino, State of California and
described as follows: Assessors Parcel 279-042-09 located north
of 4th Street at Palm Lane, attached hereto as Exhibit nAn.
District intends to sell said land, described herein as Exhibit ".i".
to this agree.rnent, to the County of San Bernardino, ,with a provisic
that if construction for said recreational a~d community center
with buildings and pool is not cOITh-nenced wit."fJ.in three years, said
property shall revert to District and the then owner shall be
obligated to execute a good and sufficient deed of said property
to District in case of reversion. District intends to agree that
~~e County may sell or grant said property to the Joint Pffioers
AUG~ority provided said sale is made subject to t."fJ.e provisions
contained herein.
7. rne Aut."fJ.ority shall enter into leases with the
District, the City and the County for tile facilities created
pursuant to this agreement and for the mainten~'ce, operation
and use of said facilities.
Section 6. ' RoTd Harmless.
Ci ty, ,and County shall indemnify, hold harmless and
defend the other, its officers, agents, and employees agai~st
all liability, claims, losses, demands and actions for injury
to or death of persons or damage to property arising out of or
alleged to arise out of or in consequence of this agreement,
provided such liability, claims, demands, losses, .or actions are
claimed to be due to the acts or omis sions of either party, its
officers ,agents, or employees in the performance of this agreement
Section 7. ' Modification of Agreement.
rnis agreement may be amended or modified only by
written agreement signed by all parties and failure on the part
of either party to enforce any provision" of this agreement shall
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not be construed as a waiver of the right to compel enforcement
of such provision or.provisions, nor to act to release any surety
from its obligation under this agreement.
Section 8. 'Noti'ces
All notices herein required shall be in writing and
'delivered in person or by certified mail, postage prepaid,
addressed as follows:
City:
City of San Bernardino
300 North "Dn, Street
San Bernardino, CA 92418
Coun ty :
County of San Bernardino
Office of Community Development
1111 East Mill Street
San Bernardino, CA 92415
District:
San Bernardino city Unified
School District
799 "F" Street
San Bernardino, CA 92410
~.uthori ty:
Secretary, Authority for the
Handicapped of San Bernardino Coun l
c/o Clerk of the Board of Supervis J
of San Bernardino County
175 West Fifth Street
San Bernardino, CA 92415
Section 9. ' Miscell'an'eous.
The section headings herein are for convenience only
and are not to be construed as modifying or governing the language
in the section referred to. Whenever in this agreement any consen
or approval is required the same shall not be unreasonably with-
held. This agreement is made in the State of California under the
Constitution and laws of such State and is to be so construed.
lihere reference is made in this agreement to Controller
or Treasurer indicating specific duties to be undertaken by said
officers, said officers may independently determine which of them
shall undertake any particular duty.
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Section 10. Severability.
Should any part, ~erm, portion or provision of this
agreement ,be bY,the courts decided to be illegal or in conflict
with any law of the State of California, or otherwise be rendered
uJ1enforceable or inef;fectual, ,the validity of the rernainin,g parts,
terms, portions or provisions shall be deemed severable and shall
not be affected the~eby, provided such remaining portion or
provisions can be construed in substance to continue to constitute
the agreement that the,parties intended to enter into in the first
instance.
section '11. 'Successors
This agreement shall be binding upon and shall inure
to the benefit of the successors of the parties hereto.
IN WITNESS .iliEREOF, the parties hereto have caused
this agre~~ent to be executed and attested by their proper officers
L~ereunto duly authorized, their official seals to be hereto
affixed, as of the date first above written.
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CITY OF SAN
,
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ATTEST:
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By , .~d'/u..d/ :~A' :~ ~
~ Cl.. ty Clerk , " R' f
APPROVED AS TO FORM THIS day
Of' , , " , , ' , . , ' , , , . 1978
JJ~...
l.. ty 'Atk.orney /'
(SEAL)
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ATTEST:
Clerk of the Board of
Supervisors" ,
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APPRO\i"ED AS TO FOR!1 this f3~ day
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of'" O~~";;' /1978.
, \'
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County Counsel'.; " ""
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COUNTY OF SAN BERNARDINO
BY~/,
Cha~rman of the ' ':
Board of Supervisors ..
.: :,...
ADOPTED
Board of Supervisors
COUW of San Bernardino
, ' , UP ,~ '6' 1I"l7>l .. .. , .. 1978
l.1 .... ,r;:!. I".: , . . . . ',.
Clerk of the Board of Supervisor
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l.J ur ;'Un::11VI::;UH::; AGENDp
IRONMENTAL IMPROVEM NT AC'-
'TEM
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R, ANN SIRACUSA, Director
gtfice of Community Development
BARD OF SUPERVI~ORS
Xc:
(1)
(1)
(1)
Earl Good\<in
Clerk of the Board
Robert B. Rigney
EXHIBIT "C"
TO
AGENDA rTEH: LAND TITLE TRANSFER AGREEMENT
1.
----..,
Approve the contract and:
SAN BERNARDINO UNIFIED SCHOOL DISTRICT /9-'
1 r - 77f
REcor.l~lENDATION ;
2. Authorize the Chairman to execute, on behalf of the Board of Supervisors,
an agreement accepting the title to the land upon which the Center For
Handicappe1udL':'d~_h "ill, B':'~~b':'llti-&s will be constructed, including the ope,rating
and maintenance responsibility and the consideration and reversion
obligation.
The County is accepting the land (for a total consideration of $1.00) on behalf
of the "Authority for the Handicapped of San Bernardino County," a joint powers
entity created by the City, County, and the School District for the specific
purpose of administering the programs and/or daily affairs of the facility.
Agreements executed previously specify the capital contribution of both the City
of San Bernardino and the County in addition to the maintenance and operations
commitments by San Bernardino City and San Bernardino Unified School District. ' ~,
cc: San Bdno City Unified School Dist. wfagree; City of San Bdno wfagree;
Auth. for the Handi~~pn~n w/a~rpp, oeD wfagree; Auditor wfagree;
File wfagree; Chuck Field City Pk Dept.; HCSA-Russell; Co. Counsel,
Mr. Strong;
?REtrP ~ '
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Don Newcome v
9A~: 10/19/79 EXT. 1150
CLERK OF THE BOARD
CDBG
Full Year
$1. 00
CDBG
BY
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WlEEi.:z:iT NO, '7 9- 7 7 .?"
,. n""~o1"'l~.-;-;, ~
~rPi~~>1~tI BOARD OF SUPERVISORS I
COUNTY OF SAN BERNARDiNO Cj
MOTION ~ -4::- / ~ Ll:L
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9s-,
~IEI'/ED BY:
l COUNTY COUNSEL
PERSONNEL
CONTP.ACT CONPLIANCE
ADVISORY GROUP
OTJiER
?I~J~\NCIAL D;'.TA:
~'(?enses
::tevenue & Source
This Year
$1. 00
;"ocal Countyl
::istrict Cos\:
$1. 00
$1. 00
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THIS AGREEMENT is between the COUNTY OF SAN BEffi,ARDINO,
CALIFORNIA (hereinafter County) and the SAN BEP~ARDINO CITY
UNIFIED SCHOOL DISTRICT OF SAN BERNARDINO COUNTY, CALIFORNIA
(hereinafter School District) .
WHEREAS, the parties desire to facilitate the development
of a recreational and community center for individuals with
disabilities, as contemplated by the Joint Powers ~greement
approved by County on October 16, 1978, which created the
"AUTHORITY FOR THE HANDICAPPED OF SAN BERNARDINO COUNTY",
they agree as follows:
1. School District agrees to deliver to County within thirty
(30) days following the effective date of this agreement, a
deed which grants the land described in Exhibit "A" to this
agreement, to County. Said deed shall provide that if construction
of the recreational and community center with buildings 'and
pool is not commenced upon said property within three (3)
years from October 16, 1978, then said property shall
automatically revert to the School District or its successor
in interest, and the then owner of said prope~ty shall be obligated
to execute a good and sufficient deed of said property to School
District or its Successor in interest. Said deed shall also provid,
that said property shall be used for the purposes of said
aforementioned ~oint Powers Agreement and that upon termination
of said agreement, School District shall have the right to purchase
said property upon payment to the j'oint powers authority of the
fair market value of any improvements on the real property,
exclusive of land value,
2. County agrees, as consideration for said property, to
pay the sum of $1.00 to School District, arid to obtain for
School District the fOllowing rights, together with the following
obligations, with respect to the buildirgs and improvements which
are to be constructed upon said deeded property by the authority:
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Ca) School District shall have the right to utilize
the sl<limming pool for a minimuI:l of four (4) hours per day
for each day that its Trainable :1entally Retarded Facility
is in session. Said usage shall be made available during
normal school hours.
(b) School District shall have the right to operate,
at reasonable times during each day that its Trainable Hentally
Retarded Faciility is in operation, a vocational training
program for custodial maintenance in the Center for Individuals
with Disabilities.
(c) School District shall have the right to operate,
at reasonable times during each' day that its Trainable Mentally
Retarded Facility is in operation, a vocational training program
for grounds maintenance in the North Norton Park Area, which
shall include all of the land Hhich School District is agreeing
hereby to deed.
Cd)
School District shall be granted reasonable
for its purposes the Center for Individuals ,dth
in accordance vii th scheduling availability.
right to use
Disabilities
(e) Should School District's obligation to train
and educate mentally retarded persons be transferred to another
agency, School District shall have the right to transfer its
rights as Hell as its obligations set forth hereunder to said
agency.
Cf) School District shall provide maintenance of
the grounds of the North Norton Park Area, (all of the land
deeded by School District) a't the same level as School District
provides for its schools. Said maintenance shall include,
mOI<ling; irrigation of laVin, bushes' and trees; clipping bushes,
tree trimming and maintenance of the irrigation system,
but shall not include paYr.lent of the cost of "later.
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(g) School District shall provide sufficient
maintenance, including necessary chemicals, for keeping the
swimming pool in a clean and sanitary condition, and shall
provide grounds maintenance of the area immediately adjacent
to the pool. Should major mechanical items (over $100) need
replacing, School District shall pay the lesser of forty percent.
(40%) or the proportion of cost which is equivalent to the
proportion of use of the pool by District when compared to
use of the pool by others.
(h) School District shall have the right of access
to the pool, buildings and grounds as is reasonably necessary
for it to carry out its responsibilities set forth herein.
Cil. School District will indemnify and hold the
Authority harmless from liability for any damage to per~on or
property resulting from District's use of the facilities as
provided herein or resulting from District's negligence in
performing the duties specified hereunder, except to the exterit
such liability is a result' of negligence on the part of the
Authority, its officers, employees or agents, or another entity
which uses said facilities, its officers, employees or agents.
School District agrees that it will provide to the Authority
evidence that it has obtained insurance covering the aforesaid
liability in the same amounts as are applicable to District's
other operations, unless District becomes self insured for liability
in connection with its other operations, in which event District ~
shall provide for the aforesaid liability in the same manner as it
provides for the liability of other operations.
The Authority will indemnify and hold School District
harmless from liability for any damage to person or property
resulting from actions of Authority, its officers, employees or
agents, upon said facilities, except to the extent such liability
is a result of negligence on the part of School District, its
officers, employees or agents. Authority will obtain a similar
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agreement from other entities which are major users of said
fucilities, which will indemnify and hold School District harmless
for actions of the other entity except to the extent liability is
caused by negligence of School District, its officers, employees
or agents.
3. County agrees to cause the appropriate entity or entities
to provide the aforesaid rights to District for a period of
twelve (12) years from the date said facilities become operational,
and shall provide that the District shall have an option to, renew
said rights and obligations for additional twelve (12) year (or
less) periods until the total use is forty (40) years. District
agrees to enter into appropriate agreements containing the rights
and obligations set forth.. herein, and further agrees that the
rights and obligations may not be separated.
IN WITNESS WHEREO~, the parties hereto have caused this
agreement to be executed and attested by their proper officers
thereunto duly authorized, their official seals to he hereto,,;
affixed.
SAN BERNARDINO CITY UNIFIED
SCHOOL DISTRICT
Dated:
(lI:T 5 ' 1979
fu'\~
By
HAROLD L. BORING, E .
Assistant Superintendent"
Administrative Services
APPROVED AS TO FORM ' , '
D'TE ('J4:~//&<. ((/7 r "
I~ ~ /' /
PJ<m x:: Mail<s; CCUNTY COUNSEL
S;,I,I {FHNilP.DiND COUNTY, CWFORillA
, ~" . (/ I /
BY /1 "'l"" ., /.' ',/.;'> ,,'l.~tPUTY
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Dated: "
, OCT 2 9 1979 '
, ATTEST:
Clerk of the Board of
Supervisors
Bilfii)l/l"X ~J,7I~/~
Deputy
COUNTY OF SAll m:ro.iARDINO
By'
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That portion of Lots 7, 14 and 15, Block 44, Rancho
San Bernardino, as per map recorded in Book 7 of Maps, page 2,
records of said County ,described as follmvs:
Commencing at a point in the South line of said Lot 15,
distant 260,00 feet Westerly of the Southeast corner of said Lot 15;
thence North 00 21' 03" ~;est, (recorded as North 90 16' 41" Fast)
parallel with the East line of said Lot IS, 31.15 feet to the North
line of Monterey Street, as said street is described in a deed to
the County of San Bernardino as per deed recorded in Book 4499,
Page 162, Official Records of Said County, being the True Point of
Beginning; thence North 00 21' 03" v!est (recorded as North 00 16'
41" East) parallel with the East line of said Lot 15, 269.79 feet
to the South line of Fifth Street, thence South 890 58' 03" West,
along said South line, a distance of 664.85 feet; thence South 00
07' 11" East, 540.17 feet; thence North 890 54' 43" East, 156.29
feet; thence South 00 23' 37" East, 60.30 feet to the North line
of Fourth Street; thence South 890 52' 09" East, 208.53 feet along
the North line of Fourth Street to the West line of Palm Lane, as
said Palm Lane is described in a deed to the County of San
Bernardino as per deed recorded in Book 4499, Page 165, Official
Records of said County; thence North 00 19' 37" \':est, 330.74 feet
along said West line to the North line of said Monterey Street;
thence North 890 53' 41" East, 302.03 feet along said North line to
the TRUE POINT OF BEGINNING.
EXHIBIT "A"
-
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e~ I~TE R -0 F Fie E M E~~ P
TO
BOARD OF SUPERVISORS
cc: County Counse'
Architecture
DATE
Oc tober 23, 1980 ~
~~~~~~ ~dm~~~~~~5~~:e ~icer
PHONE 2018
FROM
EXHIBIT "D"
SUBJECT GROUND LEASE AND FACILITIES SUBLEASE TO THE AUTHORITY FOR THE
HANDICAPPED
RECOMHENDAT I ON: AGREEHEl'l"T NC:;;O -S~3) AGREElill/T NO. 80 -f[..~
A p pro vet h e G r 0 u n 'a~ ~ sea n d 'F a c i lit i e s --s::r e as e
and authorize the Chairman to execute, On behalf
of the Board of Supervisors, the leases fOf the
land and facilities to the Authority f~r the
Handicapped for the operation of the Center for
Individuals with Disabilities.
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BACKGROUND INFORMATION: On October 16, 19l8"the Board of
Supervisors and the City of San Bernardino created a Joint
Powers entity, Authority for the Handicapped of San Bernar-
dino County. The Authority's purpose is to organize and
administer an areawide handicapped center and, care system
in the North Norton Block Grant target area, 'The Authority,
with Office of Community Development funds from the County
and the City, has constructed a Therapy Recreational Center
for individuals with disabilities, a Community Center, and
a park in what is called the North Norton Complex. The
facilities were completed October 22, 1980.
In accordance with the JPA, the Authority is to enter into
leases with the County, City and School District for the use,
operations and maintenance of the facilities. Currently,
title to the facil ities and land is held by the County, ,
Accordingly, the attached leases are to lease the land and
facilities to the Authority for 40 years at no cost.
It is anticipated that on November 3, 1980, the proposed
contract between the Authority and the County's Department of
Mental Health will be ready to be presented to the Board for
approval of the program to be operated by the County from
these fac i lit i es. AGHEEtI'J::HT 1-10. ZD-B~~ 'if AGFZEi,jDIT 1m. 150-~8 t.f
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Attachments I / .
MOTIO;\) --.0. (.Y__ :..4 ~ ,/ _ _211.~ l-
I 2 ::; t~ 5
12-1367-000 Rev. 1/11
BY ~IJ~ --, ~'."~ -" I ~t/
DATED: OCT 27 19B I
OCD; Co. Co. Strong; AUci"itor-; cIty San Bdii~. ;=San&lno'. 2,0;
1'f......;~.: ~.1 r"_1_ _ _"1 ........ . _ _ __
CC:,
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AUTHORITY FOR THE HANDICAPPED
OF SAN BERNARDINO COUNTY
GROUND LEASE
THIS LEASE dated for convenience as of ~~-/rg/
(hereinafter called the "Ground Lease") by and betwee the
County of San Bernardino, a body corporate and politic (herein-
after called "County"), and the Authority for the Handicapped
of San Bernardino County (hereinafter called "Authority"), a
public agency created by agreement entitled Joint Exercise of
Powers Agreement Between the City of San Bernardino and the
County of San Bernardino, Creating an agency known as the
Authority for the Handicapped of San Bernardino County, dated
for convenience October 16, 1978 (hereinafter called "Agreement").
WIT N E SSE T H
That in consideration of the mutual promises and
agreements herein contained, the parties hereto agree as follows:
SECTION 1. Demised Premises,
The County hereby leases to the Authority the Site
described in Exhibit A attached hereto and made a part hereof,
subject to the terms hereof and subject to conditions, reserva-
tions, exceptions and rights of way which are of record.
SECTION 2. Ownership.
The County covenants that it is the owner of the Site
described in Exhibit A hereof, subject to such terms and
conditions as incorporated in the Agreement between the County
of San Bernardino and the San Bernardino City Unified School
District dated for convenience October 29, 1979.
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SECTION 3. Term.
This Ground Lease shall commence on the date hereof
and end upon termination of the County's obligations under the
Joint Exercise of Powers Agreement dated for convenience
October 16, 1978.
SECTION 4. Rent.
The Authority shall pay to the County an advance rent
of One Dollar ($1.00) as full consideration for this Ground
Lease over its term.
SECTION 5. Purpose.
The Authority shall use the Site for the purposes
described in the Agreement and for such purposes as may be
incidental thereto.
SECTION 6. Assignments and Subleases.
The Authority may assign or sublet the facilities on
the Site, to other governmental entities and organizations
designed to carry out the purposes of the Agreement creating the
Authority for the Handicapped.
SECTION 7. Right of Entry.
The County reserves the right for any of its duly
authorized representatives to enter upon the Site at any reasonable
time in exercise of the rights and easements reserved in Section 1;
provided, however, that any damage to the Site from such entry
shall be repaired so that the same shall as nearly as practicable
be restored to its former condition.
SECTION 8. Expiration.
The Authority agrees, upon the expiration of this
Ground Lease, to quit and surrender the Site in good order and
condition, reasonable wear and tear excepted; provided, that any
permanent structures existing upon the Site at the time of the
termination of this Ground Lease shall remain thereon and title
thereto shall vest in the County free and clear of any interest
of the Authority.
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SECTION 9. Quiet Enjoyment,
The Authority at all times during the term of this
Ground Lease shall peaceably and quietly have, hold and enjoy
all of the Site.
SECTION 10. Taxes.
The County covenants and agrees to pay any and all
taxes and assessments levied or assessed upon the Site.
SECTION 11. Eminent Domain.
By a sublease entitled Authority for the Handicapped
of San Bernardino County Facilities Sublease executed by the
parties hereto contemporaneously with the execution of this
Ground Lease, the County is subleasing to the Authority the
Project as described in said Sublease. If the whole or any part
of the Project shall be taken under the power of eminent domain,
the effect of such taking upon this Ground Lease shall be in
accord with the provisions of said Sublease relating to eminent
domain.
SECTION 12. Notices.
All notices, statements, demands, requests, consents,
approvals, authorizations, offers, agreements,appointrnents or
designations hereunder by either party to the other shall be
in writing and shall be sufficiently given and served upon the
other party, if sent by United States registered mail, return
receipt requested, postage prepaid and addressed as follows:
County Clerk of the Board of Supervisors
County Civic Building
175 West Fifth Street
San Bernardino, CA 92415
Authority - Secretary of the Authority
Clerk of the Board of Supervisors
County Civic Building
175 West Fifth Street
San Bernardino, CA 92415
-3-
SECTION 13. Partial Invalidity.
If any or more of the terms, provisions, promises,
covenants or conditions of this Ground Lease shall to any
extent be adjudged invalid, unenforceable, void or voidable
for any reason whatsoever by a court of competent jurisdiction,
each and all of the remaining terms, provisions, promises,
covenants and conditions of this Ground Lease shall not be
affected thereby and shall be valid and enforceable to the
fullest extent permitted by law.
IN WITNESS WHEREOF, the parties hereto have caused
this Ground Lease to be executed and attested by their proper
officers thereunto duly authorized, and their official seals
to be affixed, as of the day and year first above written.
COUNTY OF SAN
Attest:
By .
Chairmap" of the B rd
of sU1,5ervisors OCT 2 7
V"I'
.:r':J
(Seal)
AUTHORITY FOR THE HANDICAPPED
OF SAN BERN!,RD~
BY~~~~
,
Attest:
Chairman
~~
Secretary
(Seal)
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I HEREBY APPROVE the form and legality of the
foregoing AUTHORITY FOR THE HANDICAPP~ Of SAN BERNARDINO
COUNTY GROUND LEASE thiS~y of ~~, 1980.
ALAN K. HARKS
County Counsel
BY~~~~
Deputy County Counsel
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That portion of Lots 7, 14 and 15, Block 44, Rancho
San Bernardino, as per map recorded in Book 7 of Maps, page 2,
records of said County, described as follows:
Commencing at a point in the South line of said Lot 15,
distant 260.00 feet Westerly of the Southeast corner of said Lot 15
thence North 00 21' 03" West, (recorded as North 9" 16' 41" R~st)
parallel with the East line of said Lot 15, 31.15 feet to the North
line of Monterey Street, as said street is described in a deed to
the County of San Bernardino as per deed recorded in Book 4499,
Page 162, Official Records of Said County, being the True Point of
Beginning~ thence North 0" 21' 03" West (recorded as North 0" 16'
41" East) parallel with the East line of said Lot 15, 269.79 feet
to the South line of Fifth Street, thence South 89" 58' 03" West,
along said South line, a distance of 664.85 feet; thence South 0"
07' 11" East, 540.17 feet; thence ~orth 89" 54' 43" East, 156.29
feet; thence South 0" 23' 37" East, 60.30 fee~ to the North line
of Fourth Street; thence South 890 52' 09" East, 208,53 feet along
the North line of Fourth Street to the l'lest line of Palm Lane, as
said Palm Lane is described in a deed to the County of Sarr ~
Bernardino as per deed recorded in Book 4499, Page 165, Official
Records of said COWlty; thence North 0" 19' 37" West, 330.74 feet
along saidl~est line to the North line of said Monterey Street;
thence l\'orth 89" 53' 41" East, 302.03 feet' along said North line to
the TRUE POINT OF BEGINNING.
EXHIBIT "A"
TO
BOARD OF SUPERVISORS
cc: County Counsel
Architecture & Eng./Real Prop.
):::-_ ~~;-. 'i
V,),,_" I L I \ V I I 1 \...I L I V I U" I V
"'" <!',-/..
DATE
Dc tober 23, I 980' ~
~~~~~~ ~dm~~~~~~~;~:e ~icer
PHONE 2018
FROM
SUBJECT GROUND LEASE AND FACILITIES SUBLEASE TO THE AUTHORITY FOR THE
HANDICAPPED
RECOMMENDAT I ON: 0'0 OCl3
AGFF'''HENT NO. D - Q D AGREEMENT
A p pro vet h e G r 0 u n d..{1e a sea n d 'F a cI 1 i tie s Sub a s e ,
and authorize the Chairman to execute, on beha f
of the Board of Supervisors, the leases for the
land and facilities to the Authority for the
Handicapped for the operation of the Center for
Individuals with Disabilities.
BACKGROUND INFORMATION: On Octobef 16,1978, the Board of
Supervisors and the City of San Bernardino created a Joint
Powers entity, Authority for the Handicapped of San Bernar-
dino County. The Authority's purpose is to organize and
administer an areawide handicapped center and care system
in the North Norton Block Grant target area.~'The Authority,
with Office of Community Development funds fiom the County
and the City, has constructed a Therapy Recreational Center
for individuals with disabilities, a Community Center, and
a park in what is called the North Norton Complex. The
facilities were completed October 22,1980.
In accordance with the JPA, the Authority is to enter into
leases with the County, City and School District for the use,
operations and maintenance of the facilities. Currently,
title to the facilities and land is held by the County.
Accordingly, the attached leases are to lease the land and
faci 1 ities to the Authority for ~O years at no cost.
It is anticipated that on November 3, 1980, the proposed
contract between the Authority and the County's Department of
Mental Health will be ready to be presented to the Board for
approval of the program to be operated by the County from
these facilities, AGPcZE~1EHTNO, 'SD-8RL AG?.EEi-l!:JITI,O. ?;O-~8l.f
i.1~~)~~l'f;~r~~.} ~:-"i~:-~'"' ('::: 1'"\1 !C":"."~f.~.t""\7''':-J
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Attachments ;, I' /'
['Jl0IION J{J?:! ,4' ~_ -.:..7)7" I
1 ? :) 1.', 5
J2.JJ67.0tlO Rev. 1/71
cc:
~~DREE D:~;~~:~~~t;~~
DATED: ' neT 27 19cO '
OCD; Co. Co. Strong;- Auditor-; cIty San Bdiio. ;'8an &inD.
UnifiPrl School Dist.; Auth. for Handicapped File;
File v-- ,
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AUTHORITY FOR THE HANDICAPPED
OF SAN BERNARDINO COUNTY
FACILITIES SUBLEASE
THIS SUBLEASE dated for convenience as of~t 'IrY)
by and between the County of San Bernardino, a body co porate
and politic (hereinafter called "County"), and the Authority
for the Handicapped of San Bernardino County (hereinafter
called "Authority"), a public agency created by agreement
entitled Joint Exercise of Powers Agreement Between the City
of San Bernardino and the County of San Bernardino Creating an
agency known as the Authority for the Handicapped of San
Bernardino County, dated for convenience October 16, 1978.
WIT N E SSE T H :
That for and in consideration of the mutual promises
and agreements herein contained, the parties hereto agree as
follows:
SECTION 1. Definitions.
Unless the context otherwise requires, the terms
defined in this Section 1 shall, for all purposes of this Sub-
lease, have the meanings herein specified.
AGREEMENT. "Agreement"means that certain Agreement entitled
"Joint Exercise of Powers Agreement between the City of San
Bernardino and the County of San Bernardino Creating an Agency
to be known as the Authority for the Handicapped of San Bernar-
dino County" under and pursuant to which the Authority has been
organized, dated for convenience as of October 16, 1978.
BASE RENTAL. "Base Rental" means the total rental due for the
Project when completed, but does not include Additional Rental.
(
FACILITIES.
"Facilities" means the Center for Persons with
Handicaps and all facilities appurtenant thereto or provided
therefor together with any appurtenances. "Facilities"
includes all of the Project L'_cept the Site.
GROUND LEASE.' ""Ground Lease" means Authority for the Handicapped
of San Bernardino County Ground Lease.
PROJECT OR LEASED PREllISES. "Project" means the Site and
Facilities thereon. Said ProJect is sometimes'referred to as
"Leased Premises".
SITE. "Site" means the real property on which the Facilities
described herein are to be located, which is described in
Exhibit A attached hereto and by this reference> incorporated
herein. Such real property is leased to Authority by means of
the Ground Lease.
SUBLEASE. "Sublease" means this Authority for the Handicapped
of San Bernardino County Facilities Sublease.
TERM. "Term" means the term of this Sublease as provided in
Section 3 hereof.
SECTION 2. Sublease of Project.
The Authority hereby leases from the County subject
to the terms, reservations, conditions, exceptions and rights
of way which are of record, the facilities constructed upon
the Site as described in Exhibit A of the Ground Lease.
-2-
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SECTION 3. Term,
This Lease shall commence on
and shall end on November 1, 2020.
SECTION 4. Rental.~
The Authority shall pay to the County an advance
rent of One Dollar ($1.00) as full consideration for this
Lease over its term.
In consideration of the right of use and occupancy,
and the continued quiet use and enjoyment of the Leased Premises
for and during the term of this Agreement, the\parties hereto
have agreed and determined that such total ren~al represents
the fair rental value of the Leased Premises. In making such
determination, consideration has been given to the costs of
acquisition and financing the construction of the Facilities,
the uses and purposes which will be served by the Facilities
and the benefits therefrom which will accrue to the parties to
the Agreement and the general public by reason of the Facilities.
The Authority hereby assumes all of the rights, duties and
obligations made and entered into by and between the County of
San Bernardino and the San Bernardino City Unified School
District in that agreement dated October 29, 1979, a copy of
which is attached hereto as Exhibit B.
SECTION 5. Maintenance and Operation.
The Authority shall, at its own expense, maintain the
Leased Premises in good order and condition. Said duty to
maintain shall include all exterior and interior facilities,
fixtures, equipment, landscaping, trees, and other real and
personal property and appurtenances to said Leased Premises.
The Authority shall, pursuant to this Lease, operate the
Facilities in carrying out the Joint Exercise of Powers Agree-
ment between the City of San Bernardino and the County of San
Bernardino creating the Authority for the Handicapped of San
Bernardino County. The Authority shall keep the Leased Premises
and any and all improvements thereto free and clear of all liens,
charges and encumbrances.
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SECTION 6. Additions and Improvements.
The Authority shall have the right during the term
of this Sublease to make any additions or improvements to the
Leased Premises, to attach fixtures, structures or signs, and
.:)
to affix any personal pro~erty to the improvements on the
Leased Premises, provided the use of the Leased Premises for
the purposes contemplated in this Sublease are not impaired.
Title to any personal property, improvements or fixtures
placed on the Leased Premises by any sublessee or licensee
of the Authority shall be controlled by the concession contracts
\
entered into by the Authority. \
SECTION 7. Insurance.
In the event of destruction or damage to the Leased
Premises by fire or earthquake or other casualty or events so
that they become wholly or partly unusable, Authority, at its
option, may do either of the following:
(1) Rebuild and repair the Leased Premises so that
they shall be restored to use, in which case this Sub-
lease shall remain in full force and effect. Any excess
of insurance proceeds resulting from such destruction or
damage (other than business [rent] interruption insurance)
over the amount expended for such repairing or rebuilding,
shall be paid to County.
(2) Declare this Sublease to Authority terminated
and use any money collected from insurance against the
destruction of or damage to the Leased Premises to the
extent necessary to retire any outstanding securities or
any debts or liabilities which may have accrued during
the life of this Sublease, any unexpended insurance
proceeds shall be paid to the Lessor County.
SECTION 8. Right of Entry.
The County and its designated representatives shall
have the right to enter upon the Leased Premises during reasonable
business hours (and in emergencies at all times) (i) to inspect
the same, (ii) for any purpose connected with the County's rights
or obligations under this Sublease, or (iii) for all other law-
ful purposes.
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SECTION 9. Taxes.
The parties understand and agree that the Leased
Premises constitute public property free and exempt from all
taxation; however, the Authorhty agrees to take whatever
steps may be necessary, upon written request by the County,
to contest any proposed tax or assessment, or to take steps
necessary to recover any tax or assessment paid. The County
agrees to reimburse the Authority for any and all costs and
expenses thus incurred by the Authority.
SECTION 10. Quiet Enjoyment.
. \
The part~es hereto mutually convenant and agree that
the Authority, by keeping and performing the covenants and
agreements herein contained, shall at all times during the
term, peaceably and quietly, have, hold and enjoy the Leased
Premises.
SECTION 11. Law Governing.
This Sublease is made in the State of California
under the Constitution and laws of such State and is to be so,
construed,
SECTION 12. Notices.
All notices, statements, demands, requests, consents,
approvals, authorizations, offers, agreements, appointments or
designations hereunder by either party to the other shall be
in writing and shall be sufficiently given and served upon the
other party, if sent by united States registered mail, return
receipt requested, postage prepaid and addressed as follows:
County Clerk of the Board of Supervisors
County Civic Building
175 West Fifth Street
San Bernardino, CA 92415
Authority - Secretary of the Authority
Clerk of the Board of Supervisors
County Civic Building
175 West Fifth Street
San Bernardino, CA 92415
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SECTION 14. Waiver.
The waiver by the County of any breach by the
Authority of any term, covenant or condition hereof shall
not operate as a waiver of an? subsequent breach of the same
or any other term, covenant or condition hereof.
IN WITNESS WHEREOF, the parties hereto have caused
this Sublease to be executed and attested by their proper
officers thereunto duly authorized, and their official seals
to be hereto affixed, as of the day and year first above written.
Attest:
Cl~~;!ro-Ir1QJ.<dJ-
(Seal)
COUNTY OF SAN BERNARDINO
By Chai""~~~
of i>1{rr(rvisors
v~ 0 CT ? 7 1""~
;..; ,,:Feu
AUTHORITY FOR THE HANDICAPPED
OF 'AN BERNARD:NOCOU~
Byj~~_
Chairman
Attest:
~~
Secretary
(Seal)
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I HEREBY APPROVE the form and legality of the
foregoing AUTHORITY FOR THE HANDICAPPED OF S~ HE~NARDINO
COUNTY FACILITIES SUBLEASE this~day of~. ,1980.
, '"
ALAN K. MARRS
County Counsel
J!
HA D VIM. STRONG
Deputy County Counsel
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That portion of Lots 7, 14 and 15, Block 44, Rancho
San Bernardino, as per map recorded in Book 7 of Maps, page 2,
records of said County, described as follows:
Commencing at a point in the South line o~ said Lot 15,
distant 260.00 feet l'lesterl:.." of the Southeast corner of said Lot 15
thence North 0" 21' 03" West, (recorded as North 9" 16' 41" R~st)
parallel with the East line of said Lot 15, 31,15 feet to the North
line of Monterey Street, as said street is described in a deed to
the County of San Bernardino as per deed recorded in Book 4499,
Page 162, Official Records of Said County, being the True Point of
Beginning; thence North 00 21' 03" l'lest (recorded as North 00 16'
41" East) parallel with the East line of said Lot 15,269.79 feet
to the South line of Fifth Street, thence South 89" 58' 03" West,
along said South line, a distance of 664.85 feet; thence South 00
07' 11" East, 540.17 feet; thence ~orth 890 54' 43" East, 156.29
feet; thence South 00 23' 37" East, 60.30 feet to the North line
of Fourth Street; thence South 890 52' 09" East, 208.53 feet along
the North line cif Fourth Street to the l'lest line of Palm Lane, as
said Palm Lane is described in a deed to the County of San,
Bernardino as per deed recorded in Book 4499, Page 165, Official
Records of said County; thence No~th 0019' 37" I'Jest, 330.74 feet
along said ,1'Iest line to the North line of said Nonterey Street;
thencaNorth 890 53' 41" East, 302.03 feet'along said North line to
the TRUE POINT OF BEGINNING.
EXHIBIT "A"
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THIS AGREEMENT is between the COUNTY OF SAN BEm,ARDINO,
CALIFORNIA (hereinafter County) and the SAN BEP~ARDINO CITY
UNIFIED SCHOOL DISTRICT OF SAN BERNARDINO COUNTY, CALIFOm,IA
(hereinafter School District) .
WHEREAS, the parties desire to facilitate the development
of a recreational and community center for individuals with
disabilities as contemplated by the Joint Powers Agreement
approved by County on October 16, 1978, which created the
"AUTHORITY FOR THE HANDICAPPED OF SAN BERNARDINO COUNTY",
they agree as follows:
1. School District agrees to deliver to County within thirty
(30) days following the effective date of this agreement, a
deed which grants the land described in Exhibit "A" to this
agreement, to County. Said deed shall provide that if construction
of the recreational and community center with buildings and
pool is not commenced upon said property within three (3)
years from October 16, 1978, then said property shall
automatically revert to the School District or its successor
in interest, and the then owner of said property shall be obligated
to execute a good and sufficient deed of said property to School
District or its successor in interest. Said deed shall also provide
that said property shall be used for the purposes of said
aforementioned Joint powers Agreement and that upon termination
of said agreement, School District shall have the right to purchase
said property upon payment to the joint powers authority of the
fair market value of any improvements on the real property,
exclusive of land value.
2. County agrees, as consideration for said property, to
pay the sum of $1.00 to School District, and to obtain for
School District the following rights, together with the following
obligations, with respect to the buildirgs and improvements which
are to be constructed upon said deeded property by the authority:
III
EXHIBIT "B"
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(a) School District shall have the right to utilize
the swimming pool for a minimum of four (4) hours per day
for each day that its Trainable Hentally Retarded Facility
is in session. Said usage shall be made available during
normal school hours.
Cb) School District shall have the right to operate,
at reasonable times during each day that its Trainable Hentally
Retarded Faciility is in operation, a vocational training
program for custodial maintenance in the Center for Individuals
with Disabilities.
(c) School District shall have the right to operate,
at reasonable times during each day that its Trainable Mentally
Retarded Facility is in operation, a vocational training program
for grounds maintenance in the North Norton Park Area, \;,hich
shall include all of the land which School District is agreeing
hereby to deed.
Cd)
School ,District shall be granted reasonable
for its purposes the Center for Individuals with
in accordance with scheduling availability.
right to use
Disabilities
Ce) Should School District's obligation to train
and educate mentally retarded persons be transferred to another
agency, School District shall have the right to transfer its
rights as well as its obligations set forth hereunder to said
agency.
(f) School District shall provide maintenance of
the grounds of the North Norton Park Area ,(all of the land
deeded by School District) at the same level as School District
provides for its schools. Said maintenance shall include,
mowing; irrigation of lawn, bushes and trees; clipping bushes;
tree trimming and maintenance of the irrigation system,
but shall not include payment of the cost of Hater.
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(g) School District shall provide sufficient
maintenance, including necessary chemicals, for keeping the
swimming pool in a clean and sanitary condition, and shall
provide grounds maintena~ce of the area immediately adjacent
to the pool. Should major mechanical items (over $100) need
replacing, School District shall pay the lesser of forty percent
(40%) or the proportion of cost which is equivalent to the
proportion of use of the pool by District when compared to
use of the pool by others.
(h) School District shall have the right of access
to the pool, buildings and grounds as is reasonably necessary
for it to carry out its responsibilities set forth herein.
C.iJ, School District will indemnify and hold the
Authority harmless from liability for any damage to person or
property resulting from District's use of the facilities as
provided herein or resulting from District's negligence in
performing the duties specified hereunder, except to the extent
such liability is a result of negligence on the part of the
Authority, its officers, employees or agents, or another entity
which uses said facilities, its officers, employees or agents.
School District agrees that it will provide to the Authority
evidence that it has obtained insurance covering the aforesaid
liability in the same amounts as are applicable to District's
other operations, unless District becomes self insured for liabilit
in connection with its other operations, in which event District
shall provide for the aforesaid liability in the same manner as it
provides for the liability of other operations.
The Authority will indemnify and hold School District
harmless from liability for any damage to person or property
resulting from actions of Authority, its officers, employees or
agents, upon said facilities, except to the extent such liability
is a result of negligence on the part of School District, its
officers, employees or agents. Authority will obtain a similar
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~9reement from other entities which are major users of said
facilities, which will indemnify and hold School District harmless
for actions of the other entity except to the extent liability is
caused by negligence of School District, its officers, employees
or agents.
2
3. County agrees to cause the appropriate entity or entities
to provide the aforesaid rights to District for a period of
twelve (12) years from the date said facilities become operational,
and shall provide that the District shall have an option to renew
said rights and obligations for additional twelve (12) year (or
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agrees to enter into appropriate agreements containing the rights
and obligations 'set forth herein, and further agrees that the
rights and obligations may not be separated.
IN WITNESS h~REOf, the parties hereto have caused this
agreement to be executed and attested by their proper officers
thereunto duly authorized, their official seals to be hereto
affixed.
SAN BE~jARDINO CITY UNIFIED
SCHOOL DISTRICT
Dated:
OCT 5 1979
By
!:iAROLD r.: BORIf\fG':'
Assistant Superintendent,
r..dministrative Services
APPROVED AS TO FORM
om r],,,-;'/Ic5<. r~"} r
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;.;~n K. M3r!~S.COUNTY COUNSEl
S"I'j B~~Y~f\()!.NO 9.0~~TY. CALIFORNIA
BY 1./7/rJ'; ,)<...?7"> d::'_)..D E?UTY
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Dated: .' ~:;2..1~1t(,~O
ATTEST:
Clerk of the Board of
Supervisors
..
BY~'~
~Ena"E~7 .
By
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That portion of Lots 7, 14 and 15, Block 44, Rancho
San Bernardino, as per map recorded in Book 7 of Maps, page 2,
records of said County, described as follows:
Commencing at a point in the South line o~ said Lot 15,
distant 260.00 feet Westerly of the Southeast corner of said Lot 15
thence North 00 21' 03" I,est, (recorded as North 90 16' 41" F'l.st)
parallel with the East line of said Lot 15, 31.15 feet to the North
line of Monterey Street, as said street is described in a deed to
the County of San Bernardino as per deed recorded in Book 4499,
Page 162, Official Records of Said County, being the True Point of
Beginning; thence North 00 21' 03" West (recorded as North 00 16'
41" East) parallel with the East line of said Lot 15, 269.79 feet
to the South line of Fifth Street, thence South 890 58' 03" West,
along said South line, a distance of 664,85 feet; thence South 00
07' 11" East, 540,17 feet; thence North 890 54' 43" East, 156.29
feet; thence South 00 23' 37" East, 60,30 feet to the North line
of Fourth Street; thence South 890 52' 09" East, 208,53 feet along
the North line of Fourth Street to the West line of Palm Lane, as
said Palm Lane is described in a deed to the County of San
Bernardino as Der deed recorded in Book 4499, Page 165, O~ficial
Records of said County; thence North 0019' 37" \~est, 330.74 feet
along said West line to the North line of said Monterey Street;
thence North 890 53' 41" East, 302.03 feet along said North line to
the TRUE POINT OF BEGINNING.
EXHIBIT "A"