HomeMy WebLinkAbout26-Parks & Recreation CITY OF SAN BERNAR)INO — REQUEST FOR COUNCIL APW I N A L
From: Kevin Hawkins, Director Subject: Resolution of the Mayor and
Common Council authorizing the City
Dept: Parks, Recreation& Community Manager to execute an Agreement between
Services Department the City of San Bernardino and the San
Bernardino City Unified School District for
Date: August 1, 2007 shared use of the recreation facilities at the
Galaxy Building and Norton Recreation
Center for the period August 1, 2007
through July 31, 2009 and ratifying all
action taken between August 1, 2007 and the
approval of the resolution.
M/CC Meeting Date: August 6, 2007
Synopsis of Previous Council Action:
No previous action.
Recommended Motion:
1. Adopt Resolution; and
2. Authorize the Director of Finance to amend the FY2007/08 budget to increase revenues in
account number 001-000-4520 -0000 in the amount of$44,000, appropriate $30, 0 to account
number 001-381-5502 - Lease Payments, and appropriate $ ,000 to acc unt number
001-381-5706—Alterations and Renovations.
-- Signature
Contact person: Kevin Hawkins Phone: 384-5030
Supporting data attached: Staff Re�o t-Res4,&Agreement Ward: 1
FUNDING REQUIREMENTS: Amount: None
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Council Notes: �ly -2007- 2
Agenda Ite No. �4�
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Staff Report
Subiect:
Resolution of the Mayor and Common Council authorizing the City Manager to execute an
Agreement between the City of San Bernardino and the San Bernardino City Unified School
District for shared use of the recreation facilities at the Galaxy Building and Norton Recreation
Center for the period August 1, 2007 through July 31, 2009 and ratifying all action taken
between August 1, 2007 and the approval of the resolution.
Background:
The Department is proposing to enter into an agreement with the San Bernardino City Unified
School District on behalf of the Public Safety Academy (PSA) for use of portions of the Galaxy
Building and Norton Recreation Center Gymnasium. The Public Safety Academy is a San
Bernardino City Unified Schools Public Charter School. The purpose of the Public Safety
Academy is to provide students with a quality high school education with an emphasis on
preparation for careers in law enforcement, fire service, and other public safety industries. The
Public Safety Academy intends to use these facilities as their primary campus (classes and
offices) for the 2007/2008 and 2008/2009 School Years. Their current campus at Fire Station 13
- the San Bernardino International Airport has become unavailable to accommodate their needs
for the fall 2007 School year, as a result, PSA contacted the City and Department for a joint
collaboration.
Discussion:
The Academy's proximity to the Norton Recreation Center Gymnasium makes it an ideal
location in which to serve as the primary campus for the Academy's curriculum. The proposed
agreement includes the Academy's use of the Galaxy Building's offices and classrooms (First
and Second Floors) and the Norton Recreation Center's gym, lobby, restrooms, and foyer area.
The Academy will operate on a traditional School calendar with daily operational hours Monday
through Friday from 6:30 a.m. to 3:00 p.m. at the Galaxy Building and Monday through Friday
from 8:30 a.m. to 11:00 a.m. at the Norton Recreation Center (Gymnasium). In exchange for the
facilities use, the City will receive approximately $48,000 in revenue per contract year. These
dollars will go towards the $3,300 per month anticipated lease payment of office space, located
at 201 N. E. St.
In addition to a monthly rental fee, San Bernardino City Unified School District will pay full cost
for the following expenses and improvements: PSA related operating utilities, custodial service,
Galaxy Building grounds and parking lot maintenance, pest control, and Galaxy Building alarm
service. Furthermore, as a commitment to community beautification, the Academy students will
assist in the provision of regular maintenance of the exterior grounds of the Norton Recreation
Center.
The timing of this agreement is ideal. The Parks, Recreation and Community Services
Department has attempted to identify creative opportunities in order to maximize the use of
existing recreational facilities, while at the same time, facilitating a move of the main offices
(located at 547 North Sierra Way) to 201 N. E Street in closer proximity to other municipal
departments. The Department has coordinated with the Economic Development Agency
regarding the planned Seccombe Lake development and the need to vacate the current offices to
allow for demolition of the site. At this point, the site includes the YWCA building and Parks
and Recreation main offices. As a result of this agreement, the Department has now identified a
revenue stream to fund the move with October 1, 2007 as the target relocation date.
Financial Impact:
The estimated revenue is $4,000 per month for the lease agreement and $3,300 per month for the
utilities reimbursement. The utilities costs are based upon historical utility costs of
Norton/Galaxy tenants. Lease revenue from the PSA Agreement will total $44,000 in FY 07/08
for eleven (11) months and $48,0000 in FY 08/09. As stated above, EDA has agreed to lease
the former CVB building to Parks and Recreation for $3,300 per month. It is estimated that
Parks will begin a lease arrangement with EDA and move into the building by October of this
year. Therefore, the cost of a nine-month lease agreement with EDA will be $30,000. The
remaining $14,000 in revenue from the PSA Agreement would be used towards tenant
improvements associated with the move to the new Parks Administrative Office.
Recommendation:
1. Adopt Resolution and
2. Authorize the Director of Finance to amend the FY2007/08 budget to increase revenues in
account number 001-000-4520 -0000 in the amount of$44,000, appropriate $30,000 to account
number 001-381-5502 - lease payments, and appropriate $14,000 to account number
001-381-5706—Alterations and Renovations.
f
RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL AUTHORIZING
THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF
SAN BERNARDINO AND THE SAN BERNARDINO CITY UNIFIED SCHOOL
DISTRICT FOR SHARED USE OF THE RECREATION FACILITIES AT THE
GALAXY BUILDING AND NORTON RECREATION CENTER FOR THE PERIOD
AUGUST 1, 2007 THROUGH JULY 31, 2009 AND RATIFYING ALL ACTION TAKEN
BETWEEN AUGUST 1, 2007 AND THE APPROVAL OF THE RESOLUTION.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The City Manager is hereby authorized to execute a contractual agreement with
the City of San Bernardino and the San Bernardino City Unified School District for shared use
of the Galaxy Building and Norton Recreation Center, a copy of which is attached hereto,
marked Exhibit"A" and incorporated herein by reference as fully as though set forth at length.
SECTION 2: The term of this agreement is August 1, 2007 through July 31, 2009 with
the option of a one-year renewal; therefore, any action taken between August 1, 2007 and the
date that this Resolution is executed is hereby ratified.
SECTION 3. 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 sixty(60) days following the effective date of the resolution.
'no
RESOLUTION OF THE MAYOR AND COMMON COUNCIL AUTHORIZING
THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF
SAN BERNARDINO AND THE SAN BERNARDINO CITY UNIFIED SCHOOL
DISTRICT FOR SHARED USE OF THE RECREATION FACILITIES AT THE
GALAXY BUILDING AND NORTON RECREATION CENTER FOR THE PERIOD
AUGUST 1, 2007 THROUGH JULY 31, 2009 AND RATIFYING ALL ACTION TAKEN
BETWEEN AUGUST 1, 2007 AND THE APPROVAL OF THE RESOLUTION.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a meeting thereof, held
on the day of , 2007, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA
BAXTER
BRINKER
DERRY
KELLEY
VAN JOHNSON
MC CAMMACK
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this day of , 2007.
Patrick J. Morris, Mayor
City of San Bernardino
Approved as to form:
By: C
. *�?4112L-011
EXHIBIT"A"
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 San Bernardino City Unified School District ("S.B.C.U.S.D") and Public
Safety Academy Charter School desire to enter into a contractual agreement for S.B.C.U.S.D. to 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 S.B.C.U.S.D. the lease rights, hereinafter specified,
to be exercised within the Premises, consisting of those portions of the following buildings: Building No.
178, commonly referred to as the Galaxy Building, including the following: use of the second floor, with
the exception of one office totaling 582 square feet, stairs, emergency exit, ALL three first floor
classrooms, two storage rooms and the windowed office area, totaling 10,009 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 is Exhibit A, labeled
"Premises,"which depicts the lease areas and the facilities and equipment therein.
2. TERM: The term of this agreement shall be for a period of TWO years, commencing
August 1, 2007, and end on July 31, 2009, with a one-year option to renew the contractual agreement
with written mutual agreement of both CITY and S.B.C.U.S.D.
3. RENT: A rental fee of $4,000 will be charged monthly for the term of the lease
agreement to be payable by the S.B.C.U.S.D. The rental fee will be payable to the "City of San
Bernardino" by the first of each month. CITY will bill S.B.C.U.S.D. on a quarterly basis. S.B.C.U.S.D.
shall reimburse CITY for 90% of all utility costs (e.g., water, electric, refuse and natural gas) for the
Galaxy Building and 48% of the utility costs for Norton Recreation Center(Gymnasium use). See Section
12 Utilities within this Agreement.
4. RETURN OF PREMISES: The S.B.C.U.S.D. 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 S.B.C.U.S.D. and CITY on an exclusive, common or
scheduled basis as described below:
a. The Galaxy Building will be used as follows:
(1) S.B.C.U.S.D. shall have use of the Galaxy Building within the following
areas:
Second Floor 6,425 sq. ft.
Storage room 170 sq. ft.
Stairs 149 sq. ft.
Emergency Exit 112 sq. ft.
Storage room 173 sq. ft.
Windowed office area 261 sq. ft.
First Floor Classroom 1,144 sq. ft.
First Floor Classroom 770 sq. ft.
First Floor Classroom 805 sq. ft.
4827-17124865.1 Pagel of 8
Total = 10,000 square feet
(2) The CITY will have exclusive rights of the following areas on the first
floor:
Kitchen area 408 sq. ft.
First floor office 143 sq. ft.
First floor office 137 sq. ft.
The Ballroom 4,700 sq. ft.
Total square footage = 5,388 square feet
(3) S.B.C.U.S.D. will have joint use of the first floor common areas
consisting of:
Entry foyer 740 sq. ft.
Reception area 1,034 sq. ft.
Outside kitchen area 536 sq. ft.
Hallway area 167 sq. ft.
Restrooms 402 sq. ft.
Total square footage = 2,879 square feet
(4) The CITY will have control of the use of the "Ballroom". However,
S.B.C.U.S.D. may use the "Ballroom" on a scheduled basis, by contacting
the CITY first. CITY's usage may include weddings, receptions, business
meetings and/or other uses by third parties. Citizens renting the "Ballroom"
will be responsible for leaving it in the condition received and for removing all
trash from the property.
(5) S.B.C.U.S.D. will have exclusive use of the areas outlined in Section 6.a.
subsections (1) and (3)for business purposes only, with the exception of
one office for the Park and Recreation Staff which totals 582 square feet
located on the second floor, Monday through Friday from 6:00 a.m. —
8:00 p.m. except for S.B.C.U.S.D. observed holidays.
b. Gymnasium — 10,639 total square feet to be utilized as follows:
(1) S.B.C.U.S.D. will have a right to use the gymnasium (9072 sq. ft.), the
lobby area (848 sq. ft.), foyer(293 sq. ft.), and men's/woman's restrooms
(426 sq. ft.), totaling 10,639 square feet. S.B.C.U.S.D. will have the right
to use these facilities Monday through Friday from 1:00 p.m. to 3:00
p.m., with the exception of CITY observed holidays.
(2) 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: S.B.C.U.S.D. will be permitted to display from the windows and/or marquee of
the Premises only such sign or signs as are not otherwise prohibited by law.
9. MAINTENANCE:
a. CITY, at its sole cost, shall maintain in good condition all portions of the
Premises, including but not limited to the following:
4827-17124865.1 Page 2 of 8
AWN
1 The structural arts of the building and other improvements that are a
O P 9 P
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;
(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 sole cost, shall repair the Premises if they are damaged by
(1) causes over which S.B.C.U.S.D. has no control; (2) acts or omissions of CITY, or its authorized
representatives.
b. S.B.C.U.S.D., at its sole cost, shall be responsible for any and all routine
maintenance in and around the Galaxy Building and the grounds of the Norton
Recreation Center, including the parking lot areas, planter beds, entranceways,
and lawn areas. These areas will also include, but not be limited to:
0 (1) Exterior
(A) Paint over graffiti as required.
(B) Mow and edge lawns.
(C) Weed flower& 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.
(1) 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. S.B.C.U.S.D. 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, September 3, 2007 for month of September
2007). Failure of S.B.C.U.S.D. to perform routine maintenance as noted
within a 30-day cure date following notice by the CITY could be treated
as a breach f
ac o contract at h
t e CITYs discretion.
(2) Interior: Janitorial services/minor repairs which shall include, but are not
limited to:
4827-1712-4865.1 Page 3 of 8
(A) Vacuum rugs.
(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, and
replacing light bulbs, which do not require ladders, and replacing
grommets in a leaking faucet. The servicing of fire extinguishers.
(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.
S.B.C.U.S.D. agrees to supply a 75% FTE (job classification — custodian) to
maintain all of these items for the Galaxy Building. S.B.C.U.S.D. agrees to
supply CITY with a weekly written work schedule of hours that this custodian is
working on a weekly basis according to the following timeline (ex: provide a work
schedule for work week of Monday, September 3, 2007 through Sunday,
September 10, 2007 by 4:OOpm, Friday, August 31, 2007).
(3) Personal property shall be maintained by S.B.U.S.D. in the same
condition as it was upon commencement of this agreement, reasonable wear and
tear excluded. S.B.C.U.S.D. and CITY agree to inspect and indicate the
condition of personal property upon commencement of this agreement.
(4) S.B.C.U.S.D. may use supervised youth, such as those assigned hours
of community service, for maintenance and janitorial work.
(5) S.B.C.U.S.D. will make repairs if damages are due to (a) causes over
which S.B.C.U.S.D. has control; (b) acts or omissions of S.B.C.U.S.D., or
its authorized representatives; or (c) the direct result of S.B.C.U.S.D.
use.
10. ALTERATIONS: S.B.C.U.S.D. 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: S.B.C.U.S.D. 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
S.B.C.U.S.D. and may be removed by the S.B.C.U.S.D. during the term(s) of this agreement or within a
reasonable time thereafter, provided that the S.B.C.U.S.D. restores the Premises to the condition as it
existed at the commencement of this agreement, reasonable wear and tear excluded, or the S.B.C.U.S.D.
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 S.B.C.U.S.D. 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 will determine the allocable cost per
4827-17124865.1 Page 4 of 8
square foot for both buildings for utility services on an annual basis. CITY will bill S.B.C.U.S.D. on a
quarterly basis. S.B.C.U.S.D. shall reimburse CITY for 90% of all utility costs (i.e. water, electrical, refuse
and natural gas) for the Galaxy Building and 48% of the utility costs for the Norton Recreation Center
(Gymnasium use).
13. HOLD HARMLESS:
a. S.B.C.U.S.D. 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 Board approved by S.B.C.U.S.D.) and
hold harmless the S.B.C.U.S.D., its authorized officers, agents, volunteers and employees from any and
all claims, actions, losses, damages, and/or liability arising out of this agreement from any cause
whatsoever including the acts, errors or omissions of any person and for any costs of expenses incurred
by the S.B.C.U.S.D. on account of any claim therefore except where such indemnification is prohibited by
law.
14. INSURANCE: CITY and S.B.C.U.S.D. 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 S.B.C.U.S.D. 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 S.B.C.U.S.D. 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. SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT REMEDIES ON CITY'S
DEFAULT: S.B.C.U.S.D., at anytime after CITY is in default, can terminate this agreement or can cure
the default at CITY's cost. IF S.B.C.U.S.D. 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 S.B.C.U.S.D. shall be due from CITY
to S.B.C.U.S.D. within five (5) days of notice of such sum (including charges for S.B.C.U.S.D. employees
and equipment), and if paid at a later date shall bear interest at the maximum rate the S.B.C.U.S.D. is
permitted by law to charge from the date the sum is paid by S.B.C.U.S.D. until S.B.C.U.S.D. is
reimbursed by CITY.
17. SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT DEFAULT: The occurrence of
any one or more of the following events shall continue a default and breach of this agreement by
S.B.C.U.S.D.:
a. The vacating for more than ninety (90) consecutive days or abandonment of the
Premises by S.B.C.U.S.D..
b. The failure by S.B.C.U.S.D. to perform any material provisions of this agreement
to be performed by S.B.C.U.S.D. where such failure shall continue for a period of
thirty (30) days after notice by CITY to S.B.C.U.S.D.; provided, however, that if
the nature of S.B.C.U.S.D.'s default is such that more than thirty (30) days are
reasonably required for its cure, then S.B.C.U.S.D. shall not be deemed to be in
default if S.B.C.U.S.D. commences such cure within said thirty (30) day period
and thereafter diligently prosecutes such cure to completion. The purpose of this
4827-17124865.1 Page 5 of 8
notice requirement is to extend the notice requirements of the unlawful detainer
statutes of California.
18. CITY'S REMEDIES ON S.B.C.U.S.D. DEFAULT: In the event of any material default by
S.B.C.U.S.D. which is not cured by S.B.C.U.S.D., CITY may, at its election, terminate this agreement by
giving S.B.C.U.S.D. 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 S.B.C.U.S.D.
Any amount plus court costs necessary to compensate the CITY for all detriment proximately caused by
S.B.C.U.S.D.'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) S.B.C.U.S.D. working days from the time of mailing if
mailed as provided in this paragraph.
e TO CITY: City of San Bernardino
ATTN: Kevin Hawkins, Director
Parks, Rec. &Community Services Department
547 North Sierra Way
San Bernardino, CA 92410-4816
TO S.B.C.U.S.D.: San Bernardino City Unified School District
ATTN: Mohammed Islam, Assistant Superintendent
777 N. "F"Street
San Bernardino, CA 92410
21. 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.
4827-17124865.1 Page 6 of 8
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 S.B.C.U.S.D. hereunder, CITY shall secure to
S.B.C.U.S.D. 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 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 S.B.C.U.S.D. or CITY shall have the right to terminate this
agreement at any time. S.B.C.U.S.D. 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.
4827-17124865.1 Page 7 of 8
SAN BERNARDINO CITY UNIFIED SCHOOL CITY OF SAN BERNARDINO
DISTRICT
BY:
Fred A. Wilson
Mohammad Z. Islam
Assistant Superintendent Title:
Business and Finance City Manager
Dated: Dated:
SIGNED AND CERTIFIED THAT A COPY
OF THIS DOCUMENT HAS BEEN DELIVERED Attest:
TO THE BOARD OF THE SAN BERNARDINO CITY
UNIFIED SCHOOL DISTRICT.
By:
Title: City Clerk
By: Dated:
Assistant Superintendent
Date: APPROVED AS TO FORM
timothy J. abo, Sp ial Counsel
By: By:
Dated: Dated:
(Contractual Agreement San Bernardino City Unified School District and City of San Bernardino(Norton Recreation Center
&Galaxy-As of July 16,2007)
4827-1712-4865.1 Pave 8 of 8