HomeMy WebLinkAbout2005-119
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RESOLUTION NO. 2005-119
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE MAYOR OR HER DESIGNEE TO
EXECUTE AMENDMENT NO. 1 TO THE CONTRACTUAL AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO AND THE COUNTY OF SAN
BERNARDINO FOR SHARED USE OF THE RECREATION FACILITIES AT THE
FORMER NORTON AIR FORCE BASE FOR THE PERIOD OF JULY 1, 2005
THROUGH JUNE 30, 2006.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino or her designee is hereby authorized
and directed to execute on behalf of said City, Amendment No. 1 to the contractual agreement
with the County of San Bernardino for the Norton Air Force Base Recreation Facilities. A
copy of said Amendment No. 1 is hereby attached hereto, marked Exhibit "A", and
incorporated herein by reference as fully as though set forth at length.
SECTION 2. The authorization granted hereunder shall expire and be void and of no
further effect if the agreement is not executed by both parties and returned to the office of the
City Clerk within one hundred twenty (120) days following the effective date of the resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE MAYOR OR HER DESIGNEE TO
EXECUTE AMENDMENT NO. 1 TO THE CONTRACTUAL AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO AND THE COUNTY OF SAN
BERNARDINO FOR SHARED USE OF THE RECREATION FACILITIES AT THE
FORMER NORTON AIR FORCE BASE FOR THE PERIOD OF JULY 1, 2005
THROUGH JUNE 30, 2006.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a joint regularmeeting thereof, held
on the 16th day of May , 2005, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA X
LONGVILLE X
MC GINNIS X
DERRY X
-
KELLEY ~
JOHNSON X
MC CAMMACK X
(") " /0- C-LA_k,
.A~~juJ...
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2005.
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this ~/-i. _ day of _ May
tJ/ -, / / ./
/1,_ ( c,-_{.c.---
Judith Valles, Mayor
" City of San Bernardino
Approved as to
Form and legal content:
JAMES F. PENMAN,
City Attorney
ORIGINAL
AMENDMENT NO.1
TO THE
CONTRACTUAL AGREEMENT
This Amendment NO.1 to the Contractual Agreement is entered into this 2/ S~ day of
Juna ,2005, by and between the City of San Bernardino ("CITY") and County of San
Bernardino ("COUNTY") relating to the use of a portion of the real property located at 1494 &
1554 E. Art Townsend Drive, Buildings 178 & 812, San Bernardino, California ("Premises").
1. The Section No.2 entitled 'TERM" is hereby amended to now read as foIIows:
"The tenn o[this Contractual Agreement shaH be July 1, 2005 through June 30,
2006 period."
2. AII other terms and conditions of said Contractual Agreement are unchanged and
shall remain in fuII force and effect.
IN WITNESS WHEREOF, the parties have executed this instrument upon the date first herein
above appearing.
ATTEST:
~~j\.C1.., /;J Cf...~(A-J,,-,,
lark, City Clerk
By
Title Bill Postmus, Chairman, Board of Supervisors
Approved as to form
And legal content:
JAMES F. PENMAN
City Attorney
EXHIBIT "A"
2005-119
REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY, CALIFORNIA
AND RECORD OF ACTION
June 21, 2005
FROM:
DAVID H. SLAUGHTER, Director
Real Estate Services Department
JERRY L. HARPER, Chief Probation Officer
Probation Department
SUBJECT:
CONTRACTUAL AMENDMENT WITH THE CITY OF SAN BERNARDINO
RECOMMENDATIONS:
1. Approve Amendment No. 1 to Contractual Agreement No. 04-684 with the City of San
Bernardino (City) to extend the term through June 30, 2006 for 10,590 square feet of office and
classroom space, joint use of 2,879 square feet of common area, and 10,639 square feet of
gymnasium, lobby and restrooms for the Probation Department (Probation) in San Bernardino at
no cost.
2. Authorize the Real Estate Services Department (RES D) to negotiate further extensions to
Contractual Agreement No. 04-684 as an alternate procedure in lieu of a formal request for
proposals (RFP) or solicitation of proposals (SOP) as allowed per County Policy 08-02-01.
BACKGROUND INFORMATION: On July 20, 2004, the Board approved a one-year contractual
agreement, No. 04-684, with one one-year option to extend the term by mutual consent of the parties
for 10,590 square feet of office and classroom space with joint use of 2,879 square feet of common
area located at 1494 E. Art Townsend Drive, and daily scheduled use of 10,639 square feet of
gymnasium, lobby, and restroom space located at 1554 E. Art Townsend Drive in San Bernardino.
The original term of this agreement was from July 1, 2004 to June 30, 2005. This space is used for
juvenile probation services.
Probation requested RESD exercise the one-year option to extend the term from July 1, 2005 through
June 30, 2006. RESD contacted the City, and the City prepared an amendment to Contractual
Agreement No. 04-684 which exercises the one-year option and extends the term.
The terms of the contractual amendment are summarized as follows:
Lessor:
City of San Bernardino
(Judith Valles, Mayor)
Location:
1494 (Building 178) and 1554 (Building 182) E. Art Townsend Drive,
San Bernardino
Page 1 of 2
cc:
RES - Slaughter w/agreement
Contractor c/o RES w/agreement
Auditor - Valdez w/agreement
IDS w/agreement
County Counsel - Hinesley
Probation - Frymire
CAO - Kopp, Rozko
Risk Management
File w/agreement
Record of Action of the Board of Supervisors
Agr -684 A-1
APPRO LENDAR)
S
INO
MOTION AYE SECOND
4 5
dh
DENA SMITH,
BY
DATED:
ITEM 043
BOARD OF SUPERVISORS
CONTRACTUAL AMENDMENT WITH THE CITY OF SAN BERNARDINO
June 21, 2005
Page 2 of 2
Size: Building 178: exclusive use of 10,590 square feet and
joint use of 2,879 square feet
Building 182: exclusive use of 10,639 square feet from 1 :00 p.m. to
3:00 p.m., Monday through Friday
Term: One year commencing July 1, 2005
Options: None
Rent: None
Annual increases: None
Improvement Costs: None
Custodial: Provided by County
Maintenance: County to maintain landscaping; all other maintenance provided by City
Utilities: County to reimburse City 90% of all utility costs for Building 178 and
48% of all utility costs for Building 182
Right to Terminate: Either party has the right to terminate with 30-days notice
Parking: Sufficient for County needs
Probation is aware that this is the last available option to extend the term and desires to remain at this
same location until a new location is secured. New tenant improvements and moving costs would not
be incurred if the department were able to remain at this location. This lease is exempt from the
provisions of County Policy 08-02-01 regarding the use of competitive procedures in leasing privately
owned real estate for County use because it is owned by a governmental agency. Therefore,
Probation requests authorization for RESD to negotiate further extensions to this lease agreement.
REVIEW AND APPROVAL BY OTHERS: This item has been reviewed by County Counsel (Rex A.
Hinesley, Chief Deputy County Counsel, 387-5465) on May 27, 2005; Probation (Scott Frymire,
Deputy Chief Probation Officer, 387-5580) on June 1, 2005; and the County Administrative Office
[Daniel R. Kopp (387-3828) and Laurie Rozko (387-8997), Administrative Analysts] on June 13, 2005.
FINANCIAL IMPACT: There are no monthly lease costs associated with this agreement; however,
estimated costs associated with this agreement for custodial, landscape maintenance, and utilities
total $107,640. These costs will be paid directly from the Probation budget (AM PRB). Sufficient
appropriation is available in the proposed 2005-06 Probation budget.
COST REDUCTION REVIEW: The County Administrative has reviewed this agenda item, concurs
with the department's and RESD's proposal, and recommends this action based on the continuing
need to provide juvenile probation services in the San Bernardino area. Either party can terminate
thi~ agreement with 30-days notice.
SUPE~VISORIAL DISTRICT: Fifth
PRt:$ENTER: David H. Sla~ghter, Director of RESD, 387-7813
so: 387,7814
mf: 387-7825
Rev 07/97
2005-119
FOR COUNTY USE ONL Y
FAS
- New Vendor Code De"t. Contract Number
.JL Change SC A 04-684 A-1
Cancel
County Department Dept. Orgn. Contractor's License No.
Real Estate Services Department
County Department Contract Representative Telephone Total Contract Amount
David H. Slauahter, Director 387-7813
Contract Type
D Revenue [Xl Encumbered D Unencumbered D Other:
If not encumbered or revenue contract type, provide reason:
Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount
AAA RNT RNT , 200 2905 , N32010
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount
, ,
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount
, ,
Project Name Estimated Payment Total by Fiscal Year
SAN BERNARDINO- FY Amount lID FY Amount liD
Probation - 1494 & 1554 E.
- -
Art Townsend Dr., Buildings - - -
178 & 182
Contract tVDe 2 (d) - -
County of San Bernardino
CONTRACT TRANSMITTAL
FIRST AMENDMENT
ORIGINAL
CONTRACTOR City of San Bernardino
FederallD No. or Social Security No.
Contractor's Representative Parks & Recreation Department
Address
547 N. Sierra Way, San Bernardino, CA 92410-4816
Nature of Contract: (Briefly describe the general terms of the contract)
Phone (909) 384-5160
':"..t '
This Contractual Amendment is for one year commencing July 1 ,2005 tqrbugl1 June 30, 2006. All other terms and
conditions of said Contractual Agreement No. 04-684 are unchang'ed-and shall remain the same.
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(Attach this transmittal to all contracts not prepareqqntl1(/"Standard Contract" form.)
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Approved as to Legal Form (sign in blue ink)
Rrvi~~d astoContract Compliance
"\ '\'
~.
Presented to BOS for Signature
~ SEE SIGNATURE PAGE
County Counsel
~
Department Head
Date
Date
Date
Auditor/Controller-Recorder Use Onl
o Contract Database 0 FAS
Input Date Keyed By
REPORT/Rr::r:OMMENDATION TO THE BOARf' l')F SUPERVISORS
t. SAN BERNARDINO COUNTY, C~ .FORNIA
AND RECORD OF ACTION
1
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,
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July 20,2004
FROM:
DAVID H. SLAUGHTER, Director
Real Estate Services Department
JERRY L. HARPER, Chief Probation Officer
Probation Department
SUBJECT: CONTRACTUAL AGREEMENT WITH THE CITY OF SAN BERNARDINO
RECOMMENDATION: Approve a one-year contractual Agreement No. 04-684, with the City of
San Bernardino (City) for 10,590 square feet of office and classroom space, joint use of 2,879
square feet of common area, and 10,639 square feet of gymnasium, lobby, and restrooms for the
Probation Department (Probation) in San Bernardino from July 1, 2004 through June 30, 2005 at
no cost.
BACKGROUND INFORMATION: On February 13, 1996, the Board approved a seven-year
contractual agreement, No. 96-133, with one three-year option to extend for 20,082 square feet of
office, kitchen, ballroom and common area space in Building 178 located at 1494 E. Art
Townsend Drive and 20,983 square feet of gymnasium, exercise rooms and common area space
in Building 182 located at 1554 E. Art Townsend Drive in San Bernardino. The original term was
from March 1, 1996 to February 29, 2003. This space is used for juvenile probation services.
As the expiration of the contractual agreement approached, the Real Estate Services Department
(RESD) notified the City of its desire to exercise the one three-year option to extend the term.
The option requires the consent of the City, which declined to extend the term because the City
desired exclusive use of a portion of the space occupied by Probation. Probation determined it
could function with less space in each of the buildings. On October 7, 2003, the Board approved
a one-year contractual agreement, No. 03-1065, with one one-year option to extend the term by
mutual consent of the parties. The original term of this agreement was from July 1, 2003 to June
30, 2004.
Probation requested RESD exercise the one one-year option to extend the term from July 1, 2004
through June 30, 2005. RESD contacted the City. The City determined it would prefer to enter
into a new one-year contract with one one-year option to extend the term. The City executed the
new agreement on June 9, 2004, but delayed in delivering the document to the County. This
agreement is effective July 1, 2004 and replaces contractual agreement No. 03-1065, which
expired June 30, 2004. It is exempt from the provisions of County Policy 08-02-01 regarding the
lease of privately owned real estate for County use because it is owned by a city.
cc:
RES- Slaughter wI agreement
Contractor wI agreement c/o RES
IDS wI agreement
Auditor wI agreement
Risk Management
Probation. Harper
County Counsel- Luke
Probation- Frymire
CAO- Kopp
CAO- Rozko
ISG- Weinstein
File wI agreement
Page 1 of 2
Record of Action of the Board of Supervisors
o. 04-684
CALENDAR)
ORS
RDINO
AYE SECOND
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MOTION
rm
ITEM 040
sc
.
New Vendor Code
Change
Cancel
County Department
Real Estate Services Department
County Department Contract Representative
FOR COUNTY USE l Y
Dept.
Depl.
Telephone
Total Contract Amount
FAS
David H. Slau hter, Director 387-7832
Contract Type
o Revenue !Xl Encumbered 0 Unencumbered 0 Other:
If not encumbered or revenue contract type, provide reason:
Commodity Code Contract Start Date Contract End Date Onginal Amount Amendment Amount
County of San Bernardino
CONTRACT TRANSMITTAL
Fund
Organization
Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount
200 2905 N31216
Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount
Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount
Estimated Payment Total by Fiscal Year
FY Amount I/O FY Amount 110
Fund
AM
Depl.
RNT
Depl.
Organization
RNT
Fund
Depl.
Organization
Project Name
SAN BERNARDINO -
Probation - 1494 & 1554 E.
Art Townsend Dr., Buildings
178 & 182
Contract t
CONTRACTOR City of San Bernardino
FederallD No. or Social Security No.
Contractor's Representative Parks & Recreation Department
Address 547 N. Sierra Way, San Bernardino, CA 92410-4816
Phone (909) 384-5160
Nature of Contract: (Briefly describe the general terms of the contract)
This Agreement is for one (1) year with one (1) one-year option to extend the term. COUNTY will reimburse CITY
for ninety percent (90%) of all utility costs for building No. 178 and forty-eight percent (48%) of all utility costs for
building No. 182.. COUNTY and CITY shall provide its own telephone service.
~ SEE SIGNATURE PAGE
County Counsel
~
(Attach this transmittal to all contracts not prepared on the "Standard Contract" form.)
Approved as to Legal Form (sign in blue ink)
Reviewed as to Contract Compliance
Auditor/Controller-Recorder Use Only
o Contract Database 0 FAS
Input Date Keyed By
CONTRACTUAL AGREEMENT
WHEREAS, the City of San Bernardino ("CITY") received title to certain real property from the
United States of America by quit claim deed recorded March 17, 1995: and,
WHEREAS, the CITY and County of San Bernardino ("COUNTY") desire to enter into a
contractual agreement for COUNTY's use of a portion of the real property located at 1494 & 1554 E. Art
Townsend Drive, Buildings 178 & 812, San Bernardino, California ("Premises").
NOW, THEREFORE, the parties agree as follows:
1. PREMISES: CITY hereby grants to COUNTY the lease rights, hereinafter specified, to be
exercised within the Premises, consisting of those portions of the buildings, Building No. 178, commonly
referred to as the Galaxy Building, including the following: exclusive use of the second floor, stairs,
emergency exit, ALL three first floor classrooms, two storage rooms and the windowed office area,
totaling 10,590 square feet; Building No. 182, commonly referred to as the Norton Gym, including the
following: gym, lobby, restrooms, and foyer area, totaling 10,639 square feel. Attached hereto and
incorporated herein as Exhibit A, labeled "Premises" depict the lease areas and the facilities and
equipment therein.
2. TERM: The term of this agreement shall be for a period of ONE year, commencing July
1, 2004, and end on June 30, 2005, (with a one-year option to renew the contractual agreement with
written mutual agreement of both CITY and COUNTY).
3. RENT: See Utilities # 12.
4. RETURN OF PREMISES: The COUNTY agrees that it will, upon any
termination of this agreement, return the Premises in as good condition and repair as the Premises now
are or shall hereafter be put; reasonable wear and tear excepted.
5. TAXES: CITY shall pay all real property taxes, and general and special assessments
levied and assessed against the Premises.
6. USE: The buildings shall be used by COUNTY and CITY on an exclusive, common or
scheduled basis as described below:
a. The Galaxy Building will be used as follows:
(1) COUNTY shall have the exclusive use of the Galaxy Building, following
areas:
Second Floor
Storage room
Stairs
Emergency Exit
Storage room
Windowed office area
First Floor Classroom
First Floor Classroom
First Floor Classroom
Total =
7,006 sq. ft.
170 sq. fl.
149 sq. ft.
112 sq. fl.
173 sq. ft.
261 sq. ft.
1144 sq. fl.
770 sq. fl.
805 sq. ft.
10,590 square feet
(2) The CITY will have exclusive rights of the following on the first floor -
Kitchen area
First floor office
First floor office
The Ballroom
Page 1 of8
408 sq. fl.
143 sq. ft.
137 sq. fl.
4,700 sq. fl.
Total square footage =
5,388 square feet
(3) COUNTY and CITY will jointly use first floor common areas consisting of
Entry foyer
Reception area
Outside kitchen area
Hallway area
Restrooms
Total square footage =
740 sq. ft.
1,034 sq. ft.
536 sq. ft.
167 sq. ft.
402 sq. ft.
2,879 square feet
(4) The CITY will have control of the use of the "Ballroom". COUNTY may
use the "Ballroom" on a scheduled basis, by contacting the CITY first.
CITY usage may include weddings, receptions, business meetings
and/or other uses by third parties. Citizens renting the "Ballroom" will be
responsible to leave it in the condition received and remove all trash from
the property. CITY will limit the scheduling of the Galaxy Building
between the hours of 8:00am to 5:00pm, Monday through Friday for
business uses only.
(5) COUNTY will have exclusive use of the areas outlined in 6a (1) for
business purposes only; Monday through Friday from 6:00 a.m. - 8:00
p.m. with the exception of CITY observed holidays.
b. Gymnasium - 10,639 total square feet to be utilized as follows:
(1) COUNTY will have rights to the gymnasium (9072 sq. ft.; lobby area -
848 sq. ft.; foyer area - 293 sq. ft.; and men's/woman's restrooms - 426
sq. ft.) thus totaling 10,639 square feet. COUNTY will have usage of
these facilities Monday through Friday from 1 :00 p.m. to 3:00 p.m., with
the exception of CITY observed holidays.
CITY will have exclusive rights of these facilities at all other times.
7. HEALTH. SAFETY AND FIRE CODE REQUIREMENTS: CITY 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 Premises be in anyway prejudiced or
prevented due to changes in the ADA, the Health, Safety, or Fire Codes for Public Buildings, the CITY
herein shall correct, update and comply with said changes at CITY's cost.
8. SIGNS: COUNTY will display from the windows and/or marquee of the Premises only
such sign or signs as are not prohibited by law.
9. MAINTENANCE:
a. CITY 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 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 the CITY
lying outside the Premises;
Page 2 of8
(3) Window frames, gutters, and downspouts on the building and other
improvements that are a part of the Premises;
(4) Air conditioning, heating and ventilating systems servicing the Premises,
and;
(5) Outside lighting, major irrigation repairs, tennis court nets and
windscreens.
(6) CITY 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
CITY, or its authorized representatives.
b COUNTY, at its cost, shall be responsible for any and all routine maintenance in
and around the Galaxy Building ANO Norton Recreation Center, to include the
parking lot areas, planter beds, entranceways, and lawn areas. These areas will
also include, but not be limited to:
(1 ) Exterior
(A) Paint over graffiti as required.
(B) Mow and edge lawns.
(C) Weed flower & planter beds.
(0) Sweep and/or blow sidewalks and all parking lots
(E) Trim bushes and low hanging tree branches.
(F) Clean windows.
(G) Remove trash and leaves.
(H) Make minor irrigation repairs and adjustments.
(I) Remove dead/diseased plant materials, trees, shrubs
and/or other vegetation.
These items will be done on a set schedule at a minimum once
per week. COUNTY agrees to provide the CITY with a monthly
maintenance schedule in writing by the 1st working day of each month for
said month (ex: Monday, July 5, 2004 for month of July 2004).
(2) Interior: Janitorial services/minor repairs which shall include, but are not
limited to:
(A) Vacuum rugs.
(B) Clean and dust, mop floors.
(C) Clean restrooms and provide janitorial supplies.
(0) Remove trash.
(E) Clean windows and walls.
(F) Make minor repairs, e.g., unplugging a stopped toilet,
Page 3 of8
Replacing light bulbs, which do not require ladders and replacing
grommets in a leaking faucet.
(G) The servicing of fire extinguishers.
(H) Maintenance of burglar and fire alarm systems and the total
costs thereof, including the provision of an after-hours contact to
the fire/alarm company dispatch.
COUNTY agrees to supply a 33% FTE Gob classification - custodian) to maintain
all of these items for the Galaxy Building. COUNTY agrees to supply CITY with a
weekly work schedule of hours that this custodian is working (in writing) on a
weekly basis according to the following timeline (ex: provide a work schedule for
work week of Monday, July 5, 2004 thru Sunday, July 11, 2004 by 4:00pm,
Friday, July 2,2004).
(3) Personal property shall be maintained by COUNTY in the same condition
as it was upon commencement of this agreement, reasonable wear and
tear excluded. COUNTY and CITY agree to inspect and indicate the
condition of personal property upon commencement of this agreement.
(4) COUNTY may use supervised juveniles, such as those assigned hours
of community service, for maintenance and janitorial work.
(5) COUNTY will make repairs if damages are by (a) causes over which
COUNTY has control; (b) acts or omissions of COUNTY, or its
authorized representatives; (c) direct result of COUNTY'S use.
1 O. ALTERATIONS: COUNTY shall not make any structural or exterior improvements or
alterations to the Premises without CITY's written consent. Any such alterations made shall remain on
and be surrendered with the Premises on expiration or termination of the agreement.
11. FIXTURES: COUNTY shall have the right during the term(s) of this agreement 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 agreement or within a reasonable time thereafter,
provided that the COUNTY restores the Premises to the condition as it existed at the commencement of
this agreement, 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 CITY, in which
case COUNTY will not be accountable for restoring the Premises. Any such election to surrender must
be in writing, but need not be accepted by CITY to be effective.
12. UTILITIES: CITY shall furnish to the Premises and pay all service charges and
related taxes for electricity, water, sewer, gas and trash services. CITY to determine the cost per square
foot for both buildings for utility services on an annual basis. CITY will bill county on a quarterly basis.
COUNTY shall reimburse CITY for 90% of all utility costs (i.e. water, electrical and natural gas) for the
Galaxy Building and 48% of the utility costs for the Norton Recreation Center (Gymnasium use).
13. HOLD HARMLESS:
a. COUNTY agrees to indemnify, defend (with counsel approved by CITY) and hold
harmless the CITY, its authorized officers, agents, volunteers and employees
from any and all claims, actions, losses, damages, and/or liability arising out of
this lease from any cause whatsoever including the acts, errors or omissions of
any person and for any costs of expenses incurred by the CITY on account of
any claim therefore except where such indemnification is prohibited by law.
Page 4 of8
b. CITY agrees to indemnify, defend (with counsel approved by COUNTY) and hold
harmless the COUNTY, its authorized officers, agents, volunteers and
employees from any and all claims, actions, losses, damages, and/or liability
arising out of this lease from any cause whatsoever including the acts, errors or
omissions of any person and for any costs of expenses incurred by the COUNTY
on account of any claim therefore except where such indemnification is
prohibited by law.
14. INSURANCE: CITY and COUNTY acknowledges that each party is legally self-insured
for Worker's Compensation up to statutory limits. The CITY is self-insured for comprehensive general
liability and automobile liability, and each party shall provide a certificate of self-insurance to the other.
The CITY and the COUNTY accept such self-insurance as satisfying the premises liability insurance and
workers' compensation requirements under the contract.
15. CITY'S DEFAULT: Except where another time limit is specifically provided, CITY shall be
in default of this agreement if it fails or refuses to perform any material provisions of this agreement that it
is obligated to perform if the failure to perform is not cured within ninety (90) days after notice of such
default has been given by COUNTY to CITY. If the default cannot be reasonably cured within ninety (90)
days, CITY shall not be in default of this agreement if CITY commences to cure the default within the
ninety- (90) day period and diligently and in good faith continues to cure the default.
16. COUNTY'S REMEDIES ON CITY'S DEFAULT: COUNTY, at anytime after CITY is in
default, can terminate this agreement or can cure the default at CITY's cost. IF COUNTY at anytime, by
reason of CITY'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 CITY to COUNTY within five (5) days of notice of such sum (including
charges for COUNTY's employees and equipment), 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 CITY.
17. COUNTY'S DEFAULT: The occurrence of anyone or more of the following events shall
continue a default and breach of this agreement by COUNTY:
a. The vacating for more than ninety (90) consecutive days or abandonment of the
Premises by COUNTY.
b. The failure by COUNTY to perform any material provisions of this agreement to
be performed by COUNTY where such failure shall continue for a period of thirty
(30) days after notice by CITY 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.
18. CITY'S REMEDIES ON COUNTY'S DEFAULT: In the event of any material default by
COUNTY which is not cured by COUNTY, CITY may, at its election, terminate this agreement by giving
COUNTY thirty (30) days notice of termination. The purpose of this notice requirement is to extend the
notice requirement of the unlawful detainer statutes of California. On termination of the agreement for
default pursuant to this paragraph, CITY shall have the right to recover from COUNTY only any amount,
and court costs, necessary to compensate CITY for all detriment proximately caused by COUNTY's
default which CITY proves could not have been reasonably avoided.
19. CITY'S ACCESS TO PREMISES: CITY and its authorized representatives shall have the
right to enter the Premises at all reasonable times.
Page 5 of8
20. NOTICES
a. Any notice, demand, request, consent, approval, or communication that either
party desires or is required to give the other party or any other person shall be in
writing and either served personally or sent by prepaid, first-class mail. Any
notice, demand, request, consent, approval, or communication that either party
desires or is required to give to the other party shall be addressed to the other
party at the address set forth below. Either party may change its address by
notifying the other party of the change of address. Notice shall be deemed
communicated two (2) COUNTY working days from the time of mailing if mailed
as provided in this paragraph.
CITY's address:
City of San Bernardino
ATTN: Lemuel P. Randolph, Director
Parks, Rec. & Community Services Department
547 North Sierra Way
San Bernardino, CA 92410-4816
COUNTY's address:
Public Works Group
Real Estate Services Department
825 East Third Street, Room 207
San Bernardino, CA 92415-0832
21. INCORPORATION OF PRIOR AGREEMENT: This agreement contains all of the
agreements of the parties hereto with respect to any matter covered or mentioned in this agreement, and
no prior agreement or understanding pertaining to any such matter shall be effective for any purpose.
22. WAIVERS: No waiver by either party of any provisions of this agreement 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.
23. AMENDMENTS: No provision of this agreement 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 it terms an intention to modify this agreement.
24. SUCCESSORS: This agreement shall insure to the benefit of and be binding upon the
heirs, executors, administrators, successors, and assigns of the parties hereto.
25. SEVERABILITY: If any word, phrase, clause, sentence, paragraph, section, article, part
or portion of this agreement 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.
26. TIME OF ESSENCE: Time is of the essence of each provision of this agreement, 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.
27. QUIET ENJOYMENT: Subject to the provisions of this agreement and conditioned upon
performance of all the provisions to be performed by COUNTY hereunder, CITY shall secure to COUNTY
during the agreement term the quiet and peaceful possession of the Premises and all right and privilege
appertaining thereto.
28. 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.
29. CONSENT: Whenever consent or approval of either party is required that party shall not
unreasonably withhold such consent or approval.
Page 6 of 8
30.
reference.
EXHIBITS: All exhibits referred to are attached to this agreement and incorporated by
31. ~: This agreement shall be construed and interpreted in accordance with the laws of
the State of California.
32. VENUE: The parties acknowledge and agree that this agreement 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 agreement will be in 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 agreement 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.
33. ATTORNEY'S FEES AND COSTS: If any legal action is instituted to enforce or declare
any party's rights hereunder, each party, including the prevailing party, shall bear its own costs and
attorney's fees. This paragraph shall not apply to those costs and attorney's fees directly arising from any
third party legal action against a party hereto and payable under Paragraph 13, "HOLD HARMLESS".
34. RIGHT TO TERMINATE: The COUNTY or CITY shall have the right to terminate this
agreement at any time. COUNTY or CITY shall give the other notice of any termination pursuant to this
paragraph at least thirty (30) days prior to the date of termination. In the event either party terminates this
agreement pursuant to this paragraph; neither party will receive any compensation from the other party
except that which is outlined in Paragraph 12, "UTILITIES".
35. 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.
36. SURVIVAL: The obligations of the parties which, by their nature, continue beyond the
term of this lease, will survive the termination of this lease.
37. INTERPRETATIONS: As this agreement was jointly prepared by both parties, the
language in all parts of this agreement shall be construed, in all cases, according to it fair meaning, and
not for or against either party hereto.
END OF AGREEMENT TERMS.
Denni an5b:::~~
Chairman, Board of Supervisors
CITY OF SAN BERNARDINO
:dd 7
~? ;Z~~//~
Dated:
JUL 2 0 2004
Title:
Mayor Pr:o Tern
(.. b-\ tl"T
Dated:
Page 70f8
SIGNED AND CERTIFIED THAT A COpy
OF THIS DOCUMENT HAS BEEN DELIVERED
TO THE"eHAtRMAN OF THE BOARD, .-
J. Renee Bas'
Of Supervis
B
Date:
Dated:
,);'J,? I
)J.,;!/
,
Attest:
By:~k,~
Title: City Clerk
Dated:
r;~
l 7. 2 0 04
.
APPROVED AS TO FORM AND
LEGAL CONTENT:
JAMES F. PENMAN
City Attorney
~
tJ
~ ~()y
,
(Contractual Agreement County of San Bernardino Probation and City of San Bernardino (Norton Recreation Center &
Galaxy. As of June 7, 2004)
Page 8 of8
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