HomeMy WebLinkAbout2006-167
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IMPORTANT NOTE: AGREEMENT NULL AND VOID,
NOT EXECUTED IN TIME SPECIFIED.
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RESOLUTION NO. 2006-167
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
3. OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE COUNTY
4. OF SAN BERNARDINO PROBATION DEPARTMENT FOR SHARED USE OF THE
RECREATION FACILITIES AT THE FORMER NORTON AIR FORCE BASE FOR
THE PERIOD OF JULY 1,2006 THROUGH JUNE 30, 2007.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
8. SECTION 1. The Mayor of the City of San Bernardino is hereby authorized to execute a
contractual agreement with the County of San Bernardino for the Norton Air Force Base
Recreation Facilities, a copy of which is attached hereto, marked Exhibit "A" and incorporated
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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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MC GTNNIS
13 DERRY
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE COUNTY
OF SAN BERNARDINO PROBATION DEPARTMENT FOR SHARED USE OF THE
RECREATION FACILITIES AT THE FORMER NORTON AIR FORCE BASE FOR
THE PERIOD OF .JULY 1,2006 THROUGH .JUNE 30, 2007.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
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and Common Council of the City of San Bernardino at a it. regular meeting thereof, held
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on the 5 th day of June
, 2006, by the following vote, to wit:
Council Members:
AYES
ABSTAIN ABSENT
NAYS
ESTRADA
x
BAXTER
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x
x
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KELLEY
x
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V AN JOHNSON
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K{tC /2C().J;j , (Calf-
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'. , (Yachel G. Cla~k.., City Clerk . _ _ I
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The foregoing resolution is hereby approved this 2( day of June , Ji
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Approved as to Form:
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,. _I ,t____~ /,
a es F. Penman, City Attorney
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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 ("COUNTV") 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 fioor 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 feet. 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, 2006, and end on June 30, 2007, (with a one-year option to renew the contractual agreement with
written mutual agreement of both CITY and COUNTY).
3. B5.!:IT: 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. T AXES: CITY shall pay all real property taxes, and general and special assessments
levied and assessed against the Premises.
6. !,!g: 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. ft.
149 sq. ft.
112 sq. ft.
173 sq. ft.
261 sq. ft.
1144 sq. ft.
770 sq. ft.
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
408 sq. ft.
143 sq. It.
137 sq. ft.
4,700 sq. ft.
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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.
167sq.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. Clean up and trash removal will be the
responsibility of the City. City will limit the potential scheduling of the Galaxy
Ballroom for the COUNTY between the hours of 8:00 a.m. and 5:00 p.m.,
Monday through Friday for business uses only. In such scheduling
situations. County will pay all City direct costs as required by City
representative (labor, cleaning and restroom supplies, etc.).
(5) COUNTY will have exclusive use of the areas outlined in 6a (1) and (3)
for business purposes only; Monday through Friday from 6:00 a.m. -
8:00 p.m. with the exception of COUNTY 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 ;99 p.R'!. te d:99 p.m. 11 :00
a.m. to 12:00 p.m. and 1 :00 p,m. to 2:00 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. County shall provide and
maintain for City a direct single source contact for facility concerns pertaining to health, safety and fire
requirements and maintain a single, up-to-date contact at all times.
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 giass and doors), subflooring, and roof;
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(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;
(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 AND Norton Recreation Center, to include the
parking lot areas, planter beds, entranceways, aM lawn areas, storage rooms,
hallways, restrooms, classrooms, and offices. Should any and all routine
maintenance in and around the Galaxy building and Norton Recreation Center
not be performed to a reasonable expectation as determined by CITY, a notice
will be provided to COUNTY for specific and immediate corrective action. These
areas will also include, but not be limited to:
(1) Exterior
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(A) Paint over graffiti as required.
(B) Mow and edge lawns.
(C) Weed fiower & planter beds.
(D) 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 1" working day of each month for
said month (ex: Monday, July 3, 2006 for month of July 2006). Failure of
COUNTY to perform routine maintenance as noted within a 30-day cure
date following notice by CITY, could be terms for contract default.
0 (2) Interior: Janitorial services/minor repairs which shall include, but are not
limited to'
(A) Vacuum rugs.
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(B)
Clean and dust, mop floors.
(C) Clean restrooms and provide janitorial supplies.
(D) Remove trash.
(E) Clean windows and walls.
(F) Make minor repairs, e.g., unplugging a stopped toilet,
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 will provide CITY with
verification of the maintenance of a burglar and fire alarm
system.
COUNTY agrees to supply a 75% FTE Gob classification - custodian) to maintain
all of these items for the Galaxy 8uilding. 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 3, 2006 thru Sunday, July 9, 2006 by 4:00pm, Friday,
June 30, 2006).
(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. All such
repairs must meet with the approval of CITY representative.
10. 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
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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).
COUNTY is to pay 100% of the Refuse Bill for the Galaxy Building (1494 E. Art Townsend) per CITY
billing cycle.
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.
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 faiiure 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
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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.
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
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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.
30. EXHIBITS: All exhibits referred to are attached to this agreement and incorporated by
reference.
31. LAW: 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 Bemardino 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 entity terminates
this agreement pursuant to this paragraph, neither entity will be required to compensate the other entity
except for that which is included 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.
COUNTY OF SAN BERNARDINO
CITY OF SAN BERNARDINO
Chairman. Board of Supervisors
By
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Dated:
SIGNED AND CERTIFIED THAT A COpy
OF THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAIRMAN OF THE BOARD.
EARLENE SPROAT, Clerk of the Board
Of Supervisors
By:
Deputy
Date:
Approved as to Legal Form:
ALAN K. MARKS, County Counsel
By:
Dated:
Attest:
Title:
Title:
Mayor
Dated:
By:
City Clerk
Dated:
APPROVED AS TO FORM:
JAMES F. PENMAN
City Att9'}1ey
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(Contractual Agreement County of San Bernardino Probation and City of San Bernardino (Norton Recreation Center &
Galaxy. As of April 6, 2006)
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