HomeMy WebLinkAbout1994-332
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RESOLUTION NO. q4 <<?
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO APPROVING A SUBLEASE OF CERTAIN CITY PROPERTY
LEASED TO THE BOYS CLUB.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
WHEREAS, by that certain lease dated November 25, 1981, the
City has leased certain property to the Boys Club, and
WHEREAS, such lease has been amended from time to time, and
WHEREAS, the Boy's Club desires to sublet a portion of the
leased premises to" the County of San Bernardino, and
WHEREAS, Section 10 of said Lease requires prior written
consent of the City to any sublease of said property,
NOW, THEREFORE, be it resolved by the Mayor and Common
Council of the City of San Bernardino that the sublease from the
Boys Club to the County of San Bernardino in the form of the
"Lease Agreement" attached hereto and incorporated herein is
approved.
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DAB/js [BClub.Res]
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94-332
1
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO APPROVING A SUBLEASE OF CERTAIN CITY PROPERTY
LEASED TO THE BOYS CLUB.
3 I HEREBY CERTIFY that the foregoing Resolution was duly
4 adopted by the Mayor and Common Council of the City of
San Bernardino at a
regular
meeting thereof, held on the
17th day of. October
, 1994, by the following vote, to-wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
NEGRETE
x
CURLIN
x
HERNANDEZ
x
OBERHELMAN
x
DEVLIN
x
POPE-LUDLAM
x
MILLER
x
Cit~ ~
The foregoing Resolution is hereby approved this ~ ~ day
of
October
, 1994.
VJJ l~
Ralph Hernandez, Mayor pr~
City of San Bernardi~
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
By:
(i
,I~
/
DAB/js [BClub.Res]
2
- .
'94-~32
E New Vendor Code Dept. Contract Numbe'r
M Change SC A
X Cancel
County Department Dept. Orgo. Contractor's Ucense No.
PRESCHOOL SERVICES INC.
County Department Contract Representative Ph. Ext. Amount of Contract
HORTENSE BUNN, EXEC. DIR.
Fund I Dept. I Organization I Appr. I Obj/Rev Source Activity I GRC/PROJ/JOB Number
Commodity Code Estimated Payment Total by Fiscal Year
FY Amount 110 FY Amount 110
Project Name
SAN BDNO - PSD - - - - -
BOY':; CLUB - - - -
- - - -
FOR COUNTY USE ONL Y
. .
~
County of San Bernardino
FAS
CONTRACT TRANSMITTAL
CONTRACTOR
BOY'S CLUB OF SAN BERNARDINO, INC.
Birth Date
Federal 10 No. or Social Security No.
95-2508873
Contractor's Representative
JERRY HERNDON
Address 1180 WEST NINTH ST., SAN BERNARDINO, CA 92411
Phone
(909) 888-6751
Nature of Contract: (Briefly describe the general terms of the contrectl
This Lease Contract is for one (1) year with three (3) one-year options to extend. Leased
Premises consist of 6,300 gross square feet of building and 8,471 square feet of playground
area. -,.
~.;. ..>:__> -i~
,.'" .".';.".
LANDLORD shall provide all exterior maintenance to inCludie grounds, parking lot and
exterior lighting, LANDLORD to pay water, trash and sewer.
COUNTY shall pay for minor interior maintenance, janitorial, ~d nl";,;tain the playground
area and pay its pro rata share ofittilitic:s and security. }\ ..'
,', .?>....~ ',;
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:,,," .
J '
(Attach this transmittal to ell contracts not prepered on the "Stendard Contract" form,l
Approved 8S to Legal Form
Reviewed as to Affirmative Action
Reviewed for Processing
~ SEE SIGNATURE PAGE
County Countel
Date
02-122M-OOO "-". 11""
Date
~
Agency Administrator/CAO
Date
~
I ,
94 332
TABLE OF CONTENTS
PARAGRAPH
CAPTION
1 PARTIES
2 PREMISES LEASED
3 TERM
4 RENT
5 OPTION TO EXTEND TERM
6 RETURN OF PREMISES
7 HOLDING OVER
8 TAXES
9 USE
10 HEALTII, SAFETY & FIRE CODE REQUIREMENTS
11 SIGNS
12 MAIN1ENANCE
13 ALTERATIONS
14 FIXTURES
15 U1TI.II1ES
16 HOLD HARMLESS
17 INSURANCE
18 DES1RUcnON OF PREMISES
19 LANDLORD'S DEFAULT
20 COUNTY'S REMEDIES ON LANDLORD'S DEFAULT
21 COUNTY'S DEFAULT
22 LANDLORD'S REMEDIES ON COUNTY'S DEFAULT
23 LANDLORD'S ACCESS TO PREMISES
24 NOTICES
25 INCORPORATION OF PRIOR AGREEMENT
26 WAIVERS
27 AMENDMENTS
~ SUCCESSORS
29 SEVERABll1TY
30 TIME OF ESSENCE
31 QUIET ENJOYMENT
32 PROVISIONS ARE COVENANTS & CONDmONS
33 CONSENT
34 EXHIBITS
35 LAW
36 JURY TRIAL WAIVER
37 COUNTY'S RIGHI'TO TERMINATE LEASE
38 CAPTIONS, TABLE OF CON1ENTS & COVER PAGE
39 SURVIVAL
40 INTERPRETATIONS
Exhibit "A" Premises Leased
Exln1>it "B" County's Alterations
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94 332
LANDLORD:
COUNlY:
PREMISES:
COUNlY OF SAN BERNARDI 0
LEASE AGREEMENT
Boy's Cub of San Bernardino, Ine.
1180 West Ninth Street
San Bernardino, Ca 92411
COUNTY OF SAN BERNARDINO
Preschool Services Department
250 South Lena Road
San Bernardino, CA 92408
6,300 square feet of the west wing of the building & 8,471 square feet
of playground located at:
1180 West Ninth Street
San Bernardino, CA 92411
TERM OF LEASE: One (1) year with three (3) one-year options to extend
COMMENCEMENT DATE OF LEASE: Upon execution by County
COUNlY CONTRACT NUMBER:
REV. 5/24/94
94 332
LEASE AGREEMENT
1. PARTIES: This lease is made between the Boy's Club of San Bernardino,
Inc., a non-profit California Corporation ("LANDLORD"), and the County of San
Bernardino ("COUNTY"), who agree as follows:
2. PREMISES LEASED: LANDLORD leases to COUNTY and COUNTY
leases from LANDLORD 6,300 square feet of the building and 8,471 square feet of
playground area and other improvements located at 1180 West Ninth Street, San
Bernardino, California ("Premises") as described in Exlnbit "A".
3. TERM: This lease shall commence upon execution by COUNTY and end
twelve (12) months thereafter.
4. RENT: COUNTY shall pay to LANDLORD monthly rental payments due
and payable on the tenth (10th) of each month in the amount of Thee Thousand Nine
Hundred Six and 00/100 Dollars ($3,906.00).
Rent for any partial month shall be prorated based on the actual number of
days of the month. All rent shall be paid to LANDLORD at the address to which notices
to LANDLORD are given.
5. OPTION TO E~N1) TERM: LANDLORD gives COUNTY the option to
extend the term of the lease on the same provisions and conditions, except for the monthly
rent, for three (3) one-year periods ("extended terms") following expiration of the initial
term, by COUNTY giving notice of its intention to exercise the option to LANDLORD
prior to the expiration of the preceding term or during any holding over pursuant to
Paragraph 7, 'HOLDING OVER.' The rent for each extended term shall be adjusted by
good faith negotiation of the parties to the fair market rental then prevailing based upon
the rental rates of comparable leased property in San Bernardino County. If the parties
have been unable to agree upon the said fair market rental rate within five (5) months of
the COUNTY's notice to exercise an option for an extended term, said fair market rental
rate shall be determined through arbitration conducted in accordance with the Commercial
Arbitration Rules of the American Arbitration Association. If the fair market rental rate
is determined by arbitration, the COUNTY has the right to terminate the lease by giving
termination notice to the LANDLORD within thirty (30) days of being notified of the new
fair market rental rate.g
6. RETURN OF PREMISES: The COUNTY agrees that it will, upon the
termination of this lease or any extension thereof, return the Premises in as good condition
and repair as the Premises now are or shall hereafter be put; reasonable wear and tear
excepted.
7. HOLDING OVER: In the event the COUNTY shall hold over and continue
to occupy the Premises with the consent of the LANDLORD, expressed or implied, the
tenancy shall be deemed to be a tenancy from month-to-month upon the same terms and
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conditions. including rent, as existed and prevailed at the time of the expiration of the term
of this lease.
8. TAXES: LANDLORD shall pay all real property taxes, and general and
special assessments levied and assessed against the Premises.
9. llSEi COUNTY shall occupy and use the Premises during the term hereof
for the purposes of COUNTY business.
10. REALTII. SAFE1Y AND FIRE CODE REOUlREMENTS: As a condition
precedent to the existence of this lease, LANDLORD, at its sole expense, will insure the
Premises meet the applicable requirements of the Health, Safety, Fire, and Building Codes
for Public Buildings, including any requirements for a notice of completion, certificate of
occupancy and the Americans with Disabilities Act ("ADA"). Should the continued
occupancy of the leased Premises be in anyway prejudiced or prevented due to changes in
the ADA. the Health, Safety or Fire Codes for Public Buildings, the LANDLORD herein
shall correct, update and comply with said changes at LANDLORD's cost.
11. SIGNS: COUNTY will display from the windows and/or marquee of the
Premises only such sign or signs as are not prohibited by law.
12. MAINTENANCE:
a. Except as specifically provided in subparagraph 10d, below,
LANDLORD at its cost shall maintain in good condition all portions of the Premises,
including but not limited to the following:
(1) The structural parts of the building and other improvements that
are a part of the Premises, which structural parts include the foundations, bearing and
exterior walls (including glass and doors), subfloorlng, and roof.
(2) The electrical. plumbing, and sewage systems, including, without
limitation, those portions of the systems owned or controlled by LANDLORD lying outside
the Premises;
(3) Window frames, gutters, and downspouts on the building and
other improvements that are a part of the Premises;
(4) Air conditioner, heating and ventilating systems seIVicing the
Premises, and;
(5) The grounds, including all parking areas and outside lighting,
grass, trees, shrubbery and other flora.
(6) The seIVicing of fire extinguishers or any other fire suppression
equipment attached to the facility.
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b. LANDLORD at its cost shall repair the Premises if they are damaged
by (1) causes over which COUNTY has no control; (2) acts or omissions of LANDLORD,
or its authorized representatives.
c. LANDLORD shall have ten (10) days after notice from COUNTY to
commence to perform its obligation under this paragraph, except that LANDLORD shall
. perform its obligations immediately if the nature of the problem presents a material hazard
or emergency. H LANDLORD does not perform its obligations within the time limitations
in this paragraph, COUNTY after notice to lANDLORD can perform the obligations and
have the right to be reimbursed for the sum it actually and reasonably expends (including
charges for COUNTY employees and equipment) in the performance of LANDLORD's
obligations. H LANDLORD does not reimburse COUNTY within ten (10) days after
demand from COUNTY, COUNTY shall have the right to withhold from future rent due
the sum COUNTY has expended until COUNTY is reimbursed in full. Any notice or
demand concerning a material hazard or emergency may be made orally by telephone or
otherwise, provided that written confirmation is given within five (5) days after the oral
notice of demand is made. Such confirmation shall be made as provided in Paragraph 24,
"NOTICES." '
d. COUNTY, at its cost, shall: (1) provide interior maintenance and
janitorial services, and keep the interior of the Premises in a clean and orderly condition,
reasonable wear and tear excluded and (2) maintain in good condition the playground area.
13. ALTERATIONS: COUNTY shall not make any structural or exterior
improvements or alterations to the Premises without lANDLORD's consent. Any such
alterations made shall remain on and be surrendered with the Premises on expiration or
termination of the lease. lANDLORD does hereby give COUNTY its consent to the
alterations as shown on Exlnbit "B", County's Alterations.
14, FIXTURES: COUNTY shall have the right during the term(s) of this lease
to install shelving and fixtures, and make interior, non-structural improvements or alterations
in the Premises. Such shelving, fixtures, improvements, and alterations shall remain the
property of the COUNTY and may be removed by the COUNTY during the term(s) of this
lease or within a reasonable time thereafter, provided that the COUNTY restores the
Premises to the condition as it existed at the commencement of this lease, reasonable wear
and tear excluded, or the COUNTY in its sole discretion may elect to surrender all or any
part of such shelving. fixture, improvements and alterations to the LANDLORD, in which
case COUNTY shall have no duty to restore the Premises. Any such election to surrender
must be in writing. but need not be accepted by lANDLORD to be effective.
15. lITILlTIES: lANDLORD shall furnish to the Premises and pay all service
charges and related taxes for water, sewer, trash, electricity, gas and security. LANDLORD
shall bill COUNTY monthly; and COUNTY shall pay its pro rata share of twenty-six
percent (26%) of all utilities and security for the Premises. COUNTY shall furnish and pay
for its own telephone service.
. . . . . .
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16. HOLD HARMLESS:
a. COUNTY agrees to indemnify LANDLORD for liability or claim for
damage for personal injuzy, death or property damage resulting from the COUNTY's
negligent acts or omissions on the Premises during the term of the lease.
b. LANDLORD agrees to indemnify, defend and hold harmless the
COUNTY, its officers, agents, volunteers and employees from any and all liabilities for
injuzy to persons and damage to property to or upon the demised Premises arising out of
any act or omission of LANDLORD, its agents or invitees.
17. INSURANCE:
a. COUNTY is a public entity and is self-insured.
b. LANDLORD shall, at its own expense, obtain and 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 injuzy/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.
(3) Workers' Compensation Insurance: A program of workers'
compensation insurance or a state-approved self-insurance program in an amount and form
to meet all applicable requirements of the Labor Code of the State of California, including
Employer's Liability with Two Hundred Fifty Thousand and 00/100 Dollars ($250,000.00)
limits, covering all persons providing services on behalf of the LANDLORD and all risks
to such persons under this agreement.
c. LANDLORD shall immediately furnish certificates of insurance to the
COUNTY evidencing the above required insurance coverage upon the commencement of
this lease. Within sixty (60) days of the commencement of this lease the lANDLORD shall
furnish the COUNTY certified copies of the policies and endorsements.
d. COUNTY shall be an additional named insured under all said policy
or policies of insurance. All insuran~e required shall be maintained in full force at all times
during this lease by LANDLORD. LANDLORD shall be required to inform COUNTY in
writing of any change, expiration or renewal of any insurance policy or policies at least thirty
. (30) days prior to the effective date of change. Further, each policy shall provide that same
shall not be cancelled until a thirty (30) day written notice of cancellation has been mailed
to Public Works Group - Real Estate Services 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 against any and all of
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COUNTY's officials, officers, employees, agents and representatives; and, (2) the policies
are primaIy and non-contributing with any insurance that may be carried by COUNTY.
e. The above insurance requirements are subject to periodic review by the
COUNTY. The COUNTY's Risk Manager is authorized, but not required, to reduce or
waive any of the above insurance requirements whenever the Risk Manager determines that
any of the above insurance is not available, is unreasonably priced, or is not needed to
protect the interests of the COUNTY. In addition, if the Risk Manager determines that
heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits
become reasonably priced or available, the Risk Manager is authorized, but not required,
to change the above insurance 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, inflation, or any other item reasonably related to the
COUNTY's risk.
(1) Any such reduction or waiver for less than the entire term of the
lease (including any option periods) must be in writing and signed by the Risk Manager to
be effective.
(2) Any such reduction or waiver for the entire term of the lease
(including any option periods) and any change requiring additional types of insurance
coverage or higher coverage limits must be made by amendment to this lease.
LANDLORD agrees to execute any such amendment within thirty (30) days of receipt.
f. In the event COUNTY receives a thirty (30) day notice of cancellation
concerning any of the required policies, or should LANDLORD fail to have in effect the
required coverage at anytime during this lease, COUN1Y may give notice to LANDLORD
to reinstate or acquire the affected coverage. Should LANDLORD fail to reinstate or
acquire the affected coverage within ten (10) days of COUNTY's notice to reinstate or
acquire such coverage, COUN1Y may either terminate the lease, reinstate or acquire the
affected coverage, and LANDLORD shall reimburse COUN1Y for the necessary cost at
COUNTY's option. H I...ANpLORD does not reimburse COUNTY within ten (10) days
after demand by COUNTY, COUN1Y shall have the right to withhold from future rent due
the sum COUN1Y has expended until COUN1Y is reimbursed in full.
18. DESTRUcnON OF PREMISES:
a. If, during the term of this lease, any casualty renders ten percent (10%)
or less of the floor space of the Premises unusable for the purpose intended, LANDLORD
shall commence restoration of the Premises within thirty (30) days of notice of the casualty
and shall thereafter diligently pursue complete restoration of the Premises within a
reasonable time. H LANDLORD does not perform the restoration obligations of this
subparagraph within the time limitations set forth, COUN1Y may, at its option and in its
sole discretion, after notice to LANDLORD, perform the obligations and have the right to
be reimbursed for all sums it actually and reasonably expends (including charges for County
employees and equipment used) in the performance of LANDLORD's obligations, or
COUNTY may terminate this lease by notice to LANDLORD, . If COUN1Y performs
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LANDLORD's obligations under this subparagraph, and LANDLORD does not reimburse
COUNTY within thirty (30) days after demand from COUNTY, COUNTY shall have the
right to withhold from future rent due the sum COUNTY has expended until COUNTY is
reimbursed in full, or institute an action to collect the amount expended without first
withholding rent due.
b. IT during the term of this lease, any casualty renders more than ten
percent (10%) but less than twenty-five percent (25%) of the floor space of the Premises
unusable for the purpose intended, LANDLORD shall commence restoration of the
Premises within ninety (90) days of notice of the casualty and shall thereafter diligently
pursue complete restoration of the Premises within a reasonable time. IT LANDLORD does
not perform the restoration obligations of this subparagraph within the time limitations set
forth, COUNTY may, at its option and in its sole discretion, after notice to LANDLORD,
perform the obligations and have th.e right to be reimbursed for all sums it actually and
reasonably expends (including charges for County employees and equi;ment used) in the
performance of LANDLORD's obligations, or COUNTY may terminate this lease by notice
to LANDLORD. IT COUNTY performs LANDLORD's obligations under this
subparagraph, and LANDLORD does not reimburse COUNTY within thirty (30) days after
demand from COUNTY, COUNTY shall have the right to withhold from future rent due
the sum COUNTY has expended until COUNTY is reimbursed in full, or institute an action
to collect the amount expended without first withholding rent due.
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, COUNTY shall within thirty (30) days of the casualty and at its
option and in its sole discretion, terminate this lease by notice to LANDLORD or request
LANDLORD to restore the Premises. IT COUNTY requests LANDLORD to restore the
Premises, the LANDLORD shall either terminate this lease by notice to COUNTY within
ten (10) days of receiving COUNTY's request for restoration or commence restoration of
the Premises within ninety (90) days of receiving COUNTY's request for restoration and
thereafter diligently pursue complete restoration of the Premises within a reasonable time.
IT LANDLORD does not terminate the lease and does not perform the restoration
obligations of this subparagraph within the time limitations set forth, COUNTY may, at its
option and in its sole discretion, after notice to LANDLORD, perform the obligations and
have the right to be reimbursed for all sums it actually and reasonably expends (including
charges for County employees and equipment used) in the performance of LANDLORD's
obligations, or COUNTY may terminate this lease by notice to LANDLORD. IT COUNTY
performs LANDLORD's obligations under this subparagraph, and LANDLORD does not
reimburse COUNTY within thirty (30) days after demand from COUNTY, COUNTY shall
have the right to withhold from future rent due the sum COUNTY has expended until
COUNTY is reimbursed in full, or institute an action to collect the amount expended
without first withholding rent due.
d. If, during the term of the lease, any casualty renders forty percent
(40%) or more of the floor space of the Premises unusable for the purpose intended, this
lease shall be terminated as of the date of the casualty. IT the lease is terminated pursuant
to this subparagraph, COUNTY shall have a reasonable time to vacate the Premises, and
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shall not be required to pay rent during the reasonable time required to vacate the
Premises.
e. In the event there is a destruction of a portion of the Premises as set
out in paragraphs "a", "b", and "CO above, there shall be an abatement or reduction of the
rent between the date of destruction and the date of completion of restoration or the date
of termination of this lease, whichever comes first, The abatement or reduction of the rent
shall be in the percentage as the percentage of unusable floor space. Unusable floor space
for the purpose of calculating the percentage of rent abatement or reduction shall include
not only that floor space which is rendered unusable for the purpose intended by the
casualty itself, but any additional floor space which is not usable for the purpose intended
because of restoration or similar activities.
f. In the event there is a destruction of a portion of the Premises as set
out in subparagraphs "a", "b", and .c. above, and the lease is not terminated because of such
destruction, lANDLORD agrees to use any and all insurance proceeds received for said
destruction in the restoration of the Premises.
g. In the event lANDLORD is required to restore the Premises as
provided in this paragraph, lANDLORD shall restore, at lANDLORD's expense, any
structural or exterior improvements or alterations to the Premises made by COUNTY
pursuant to Paragraph 13, "ALTERATIONS," of this lease, but shall not be responsible for
restoring any shelving, fixtures, or interior nonstructural improvements or alteration made
by the COUNTY pursuant to Paragraph 14, "FIXTURES," of this lease.
h. It is the purpose and intent of this paragraph to determine who shall
bear the initial responsibility for restoration of the Premises in the event of any such
destruction and not to determine the party responsible for the ultimate costs of such
restoration.
19. LANDLORD'S DEFAULT: Except where another time limit is specifically
provided, lANDLORD shall be in default of this lease if it fails or refuses to perform any
material provisions of this lease that it is obligated to perform if the failure to perform is
not cured within thirty (30) days after notice of such default has been given by COUNTY
to lANDLORD. If the default cannot be reasonably be cured within thirty (30) days,
lANDLORD shall not be in default of this lease if lANDLORD commences to cure the
default within the thirty (30) day period and diligently and in good faith continues to cure
the default.
20, COl1NTY'S REMEDIES ON LANDLORD'S DEFAULT: COUNTY, at
anytime after LANDLORD is in default, can terminate this lease or can cure the default
at LANDLORD's cost. If COUNTY at anytime, by reason of lANDLORD's default, pays
any sum or does any act that requires the payment of any sum, the sum paid by COUNTY
shall be due from LANDLORD to COUNTY within five (5) days of notice of such sum, at
the time the sum is paid, and if paid at a later date shall bear interest at the maximum rate
the COUNTY is permitted by law to charge from the date the sum is paid by COUNTY
until COUNTY is reimbursed by LANDLORD. .If lANDLORD fails to reimburse
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COUNTY as required by this paragraph, COUNTY shall have the right to withhold from
future rent due the sum COUNTY has paid until COUNTY is reimbursed in full for the
sum and interest on it. The remedies set forth in this paragraph are in addition to and do
not in any manner limit other remedies set forth in particular paragraphs of this lease.
21. COUNTY'S DEFAULT: The occurrence of any one or more of the following
events shall constitute a default and breach of this lease by COUNTY:
a. The vacating for more than thirty (30) consecutive days or
abandonment of the Premises by COUNTY.
b. The failure by COUNTY to perform any material provisions of this
lease to be performed by COUNTY, including the payment of rent, where such failure shall
continue for a period of thirty (30) days after notice by lANDLORD to COUNTY;
provided, however, that if the nature of COUNTY's default is such that more than thirty
(30) days are reasonably required for its cure, then COUNTY shall not be deemed to be
in default if COUNTY commences such cure within said thirty (30) day period and
thereafter diligently prosecutes such cure to completion. The purpose of this notice
requirement is to extend the notice requirements of the unlawful detainer statutes of
California.
22. LANDLORD'S REMEDIES ON COUNTY'S DEFAULT: In the event of any
material default by COUNTY which is not cured by COUNTY, lANDLORD may, at its
election, terminate this lease by giving COUNTY thirty (30) days notice oftermination. The
purpose of this notice-requirement is to extend the notice requirement of the unlawful
detainer statutes of California. On termination of the lease for default pursuant to this
paragraph, LANDLORD shall have the right to recover from COUNTY only the following
amounts for any and all damages which play be the direct or indirect result of such default:
a. The worth, at the time of the award, of the unpaid rent that has been
earned at the time of termination of this lease; and
b. The worth, at the time of the award, of the amount by which the unpaid
rent that would have been earned after the date of termination of this lease until the time
of award exceeds the amount of the loss of rent that LANDLORD proves could not have
been reasonably avoided; and
c. The worth, at the time of the award, of the amount by which the unpaid
rent for the balance of the term after the time of award exceeds the amount of the loss of
rent that LANDLORD proves could not have been reasonably avoided; and
d. Any other amount, and court costs, necessary to compensate
LANDLORD for all detriment proximately caused by COUNTY's default which
LANDLORD proves could not have been reasonably avoided.
'"The worth, at the time of the award," as used in "a" and "b" of this paragraph,
is to be computed by allowing interest at the maximum rate an individual is permitted by
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law to charge. "The worth, at the time of the award," as referred to in "c" of this paragraph,
is to be computed by discounting the amount at the discount rate of the Federal Reserve
Bank of San Francisco at the time of the award, plus one percent (1%).
23. LANDLORD'S ACCESS TO PREMISES: lANDLORD and its authorized
representatives shall have the right to enter the Premises at all reasonable times for any of
the following purposes:
a. To determine whether the Premises are in good condition;
b. To do any necessary maintenance and to make any restoration to the
Premises that lANDLORD has the right or obligation to perform.
c. To serve, post, or keep posted any notices required by law;
d. To post "for sale" signs at anytime during the term. to post "for rent"
or "for lease" signs during the last three (3) months of the term; and
e. To show the Premises to prospective brokers, agents, buyers, tenants.
lenders or persons interested in an exchange, at anytime during the term.
lANDLORD shall conduct its activities on the Premises as allowed in this
paragraph in a manner that will cause the least possible inconvenience, annoyance,' or
disturbance to COUNTY.
24. NOTICES: Any notice, demand, request, consent, approval, or communication.
that either party desires ot is required to give to the other party or any other person shall
be in writing and either served personally or sent by prepaid, first-class mail. Any notice;
demand, request, consent, approval, or communication that either party desires or is
required to give to the other party shall be addressed to the other party at the address set
forth below. Either party ~y change its address by notifying the other party of the change
of address. Notice shall be deemed communicated two (2) coUNTY working days from
the time of m>liling if mailed as provided in this paragraph.
lANDLORD's address: Boy's Club of San Bernardino, Inc.
1180 West Ninth Street
San Bernardino, CA 92411
COUNTY's address: Preschool Services Department
250 South Lena Road
San Bernardino, CA 92408
25. INCORPO~TlON 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.
9
94
1')<')
.1....... .
26. WAIVERS: No waiver by either party of any provisions of this lease shall be
deemed ta 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 theix' respective successor
in interest, expressing by its terms an intention to modify this lease.
28. SUCCESSORS: This lease shall inure to the benefit of and be binding upon
the heirs, executors, arlmini~trators, successors, and assigns of the parties hereto.
29. SEVERABILI1Y: 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. OUIETENJOYMENT: Subject to the provisions of this lease and conditioned
upon performance of all the provisions to be performed by COUNTY hereunder,
LANDLORD shall secure to 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
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. .TIJRY TRIAL WAIVER: LANDLORD and COUNTY hereby waive their
respective right to trial by jury of any cause of action, claim, counterclaim or cross-complaint
in any action, proceeding and/or hearing brought by either LANDLORD against COUNTY
or COUNTY against LANDLORD on any matter whatsoever arising out of, or in any way
connected with, this lease, the relationship of LANDLORD and COUNTY, COUNTY's use
or occupancy of the Premises, or any claim of injury or damage, or the enforcement of any
remedy under any law, statute, or regulation, emergency or otherwise, now or hereafter in
effect.
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94 332
37. COUNTY'S RIGIIT TO TERMINATE T,F.A!'lf;: The COUNTY shall have the
right to terminate this lease at ~e whenever COUNTY, in its sole discretion,
determines it would be in COUN'n"s best interests to terminate this lease. COUNTY shall
give LANDLORD notice of any termination pursuant to this paragraph at least thirty (30)
days prior to the date of termination.
38. CAPTIONS. TABT,F. OF C.ONTENTS AND COVER PAGE: The paragraph
captions, table of contents and the cover page of this lease shall have no effect on its
interpretations.
39. SURVIVAL: The obligations of the parties which, by th_eir nature, continue
beyond the term of this lease, will survive the termination of this lease.
. . . . . .
* . . . . .
. . . . . .
. . . . . .
......
. . . . . .
. . . . . .
. . . . . .
......
. . . . . .
. . . . . .
11
94 332
. .
40. INTERPRETATIONS: As this agreement was jointly prepared by both parties,
the language in all parts of this agreement shall be c:onstrued, in all cases, acc:ording to its
fair meaning. and not for or against either party hereto.
END OF LEASE TERMS.
COUN'IY OF SAN BERNARDINO
Chairman, Board of Supervisors
Dated:
SIGNED AND CERu1'leD THAT A COPY
OF THIS DOCUMENT HAS BEEN DEllVERED
TO TIlE CHAIRMAN OF TIlE BOARD
EARLENE SPROAT, Clerk of the Board
of Supervisors
By:
Deputy
Approved as to Legal Form:
AlAN K. MARKS, County Counsel
By: C&////
n Deputy
Dated: f- (c, - '14-
LANDLORD:
BOY'S CLUB OF SAN BERNARDINO, INe.
By
Dated:
~ I d-~ !c;r;
.
12
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94 332
EXHIBIT "B"
COUNTY'S ALTERATIONS
COUNTY, at COUNTY's expense, shall make the following alterations to the Premises leased:
A. Bath room: Install six (6) toilets, five (5) sinks and one (1) urinal as shown on Exluoit
"A" Premises Leased.
B. Paint all interior walls.
C. Install 9' by 9' carpet in classroom.
D. Install tricycle trail and playground equipment in playground area.
E. Plant one (1) tree.
F. Fence playground area.
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