HomeMy WebLinkAboutS05-Parks and Recreation
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CITY OF SAN BERNARDINO -
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REQUEST ~OR COUNCIL ACTION
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From: Annie F. .Ramos, Director
<: ,:>t: Parks, Recreation & COllll1unity Services
Date: October 10, 1994
Subject: RESOLUTION TO PROVIDE SECOND AMENDMENT TO
BOYS CLUB LEASE ADDING 8.471 SQUARE FEET
OF PLAYGROUND AREA AND REQUIRING
ADDITIONAL CONDITIONS.
Synopsis of Previous Council action:
July 9, 1984: Resolution 84-265 amended original lease (Resolution 81-542) of
Encanto Community Center to Boys Club of San Bernardino
:\DIIIN~ orFlCO
11 OCT 9', .l1 }5
Recommended motion:
Adopt the Resolution
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Contact person:
John A. Kramer
Phone:
5031
6
Supporting data attached:
Staff Report
Ward:
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No.)
(Acct. Descriotion I
Finance:
Council Notes:
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75-0262
Agenda Item NO'~
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
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75-0264
STAFF REPORT
RESOLUTION TO PROVIDE
SECOND AMENDMENT TO
BOYS CLUB LEASE ADDING
8,471 SQUARE FEET OF
PLAYGROUND AREA AND
REQUIRING ADDITIONAL CONDITIONS.
The Boys Club has requested authorization from the City to sublease a portion of their leased
facility to San Bernardino County Pre-School Services in order to operate a Headstart Program.
The Headstart Program requires a playground area which currently is not included in the Boys
Club Lease.
This amendment revises the existing lease by establishing the following conditions:
1. An additional 8,471 square feet of playground is leased to the Boys Club. Maintenance
of this area is the responsibility of the lessee.
2. The County is required to provided insurance naming the city additionally insured.
3.
Ten percent of income from any sublease must first be applied to delinquent debts.
4. The Boys Club will be required to provide to the Steering Committee a monthly report
of all accounts payable.
5. Any fixtures added to the facility and not removed becomes property of the city.
JUSTIFICATION FOR PLACING ON THE SUPPLEMENTAL AGENDA
County of San Bernardino needs to get started as soon as possible on the improvements to the
area, therefore this needs to be approved at the Council Meeting of October 17, 1994 so that
operation of the Headstart Program will not be delayed.
10/10/94 amt
boys club
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RESOLUTION NO.
DSOLU'l'ION OF TIlE MAYOR AND COMMON COUNCJ:L OF THE CITY OF
SAN BBRNARDJ:NO AUTRORJ:ZJ:NG AND DJ:REC'l'J:NG THE EXECU'l'J:ON OF A SECOND
AMENDMEN'l' TO LEASB BETWEEN THE CJ:TY OF SAN BBRNARDJ:NO AND BOY'S
CLUB OF SAN BERNARDJ:NO.
BB J:T RESOLVED BY THB MAYOR AND COMMON COUNCJ:L OF THE CITY
OF SAN BERNARDJ:NO AS FOLLOWS:
SECTJ:ON 1. The Mayor is hereby authorized and directed to
execute, on behalf of the City of San Bernardino, a second
amendment to lease with the Boy'S Club of San Bernardino which
second amendment to lease is attached hereto as Exhibit "1" and is
incorporated herein by reference as though fully set forth at
length.
SECTJ:ON 2.
The authorization to execute the above
referenced Agreement is rescinded if the parties to the agreement
fail to execute same within.sixty (60) days of the passage of this
Resolution.
III
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DAB: klII [DJ\IINYTO. RES J
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RESOLU'l'ION NO.
RESOLU'l'ION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNUDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A SECOND
AMENDMEIft TO LEASE BETWEEN THE CITY OF SAN BERNARDINO AND BOY'S
CLUB - OF SAN BERNARDINO, INC.
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
, 1994 by the following
vote, to wit:
Council Members:
!!!!
AYES
ABSTAIN ABSENT
NEGRETE
CURLIN
HERNANDEZ
OBERHELMAN
DEVLIN
POPE-LUDLAM
MILLER
City Clerk
of
The foregoing resolution is hereby approved this
, 1994.
day
Tom Minor, Mayor
Ci ty of San Bernardino
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
By:
DAB: Iao (DANII1TO. RES]
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SECOND AMENDMENT TO LEASE
THIS SECOND AMENDMENT TO LEASE is entered into this
day of , 1994, by and between the CITY OF SAN
BERNARDINO, a municipal corporation, referred to as "City" and
BOY'S CLUB OF SAN BERNARDINO, INC., a non-profit corporation,
referred to as "aoys Club".
WITNESSETH:
WHEREAS, the parties entered into that certain lease dated
November 25, 1981, hereinafter referred to as "Lease" and
WHEREAS, the parties entered into a First Amendment of said
lease on July 11, 1984, and
WHEREl\S, the parties desire now to further amend said lease.
IN WITNESS WHEREOF, the parties.hereto agree as follows:
Secticn 1. Section 2 of the Lease is hereby amended to read
as follows:
"Section 2. Description. City hereby leases to
the Boys Club the real property described in Exhibits
"A" and "B", attached to this agreement and
incorporated in it by this reference, and all
improvements on the property, upon the terms and
conditions set forth in this agreement.
The provisions of Section 12, of this agreement
shall not apply to the property described in Exhibit
liB"."
Section 2. Exhibit "B" is hereby added to the Lease as
shown on Exhibit 1 attached hereto and incorporated herein.
Section 3. Section 10 of said Lease is hereby amended to
read as follows:
DAB/ja [BoyaClub.La.]
1
October 6. 1994
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"Section 10. Assignment
a. Except as otherwise provided in this agreement,
the Boys Club shall not assign this lease, or any
part of it, nor sublet any portion of the
premises without the prior written consent of
City.
b. Any assignee or sublesse shall agree to hold the
City harmless and provide insurance all in
keeping with Section 8 of the lease, and shall
name City as an additional insured.
c. Ten percent (10%) of any income from any
assignment or sublease shall be applied to
delinquent debts of Boys Club until such debts
are_br~ught current in the order determined by
the City members of the Steering Committee. The
Steering Committee shall receive at least a
monthly report from the Executive Director of the
balance of all accounts payable. This report
shall be required whether or not any assignment
or sublease is entered into."
Section 4. Section 16 is hereby added to the lease to read
as follows:
"Section 16. Fixtures Any fixtures added to the
premises by either the Boys Club or any assignee, or
sublessee may be removed on or before the lease term
as long as such removal does not damage the premises.
Any fixtures remaining on the premises upon the
conclusion of the lease term or any earlier
~/js [SoysC1ub.Les) 2 October 6. 1994
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termination pursuant to Section 14 shall become the
property of the City."
.
IN WITNESS WHEREOF, the parties have executed this Second
Amendment to Lease on the date first above shown.
CITY OF SAN BERNARDINO
By
Mayor
Attest:
BOYS CLUB OF SAN BERNARDINO
By
By
By
Approved as to
Form. and Legal Content
JAMES F. PENMAN
City Attorney
By
'!O'
DAB/ja [BoyaClub.Leal
3
October 6. 1994
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BOY'S AND GIRL'S CLUB
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~l CITY OF SAN BEPOARDINO - REQUESTOOR COUNCIL ACTION
From: ANNI E F. RAMOS, 01 RECTOR
(.,Pt: PARKS, RECREATION & COMMUNITY SERVICES
Date: OCTOBER 10, 1984-
Subject: RESOLUTION APPROVING A SUBLEASE OF
PORTIONS OF THE BOYS AND GIRLS CLUB.
Synopsis of Previous Council action:
July 9, 1994 - Resolution 84-265 amended original lease (Resolution 81-542)
of Encanto Community Center to Boys and Girls Club of
San Bernardino.
,\O;HN an LCE:,
11 C'~T 9'. .2.J 36
Recommended motion:
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Adopt the Resolution.
~~
Contact person: John A. Kramer
Supporting data attached: Staff Report & Resol ution
Phone: 5031
Ward:
6
FUNDING REQUIREMENTS:
Amount:
Source: (Acct, No,)
(Acct, DescriPtion)
Finance:
cuneil Notes:
75-0262
Agenda Item No.
Yl -
-S-~~_
CITY OF SAN BERO'RDINO - REQUEST FOR COUNCIL ACTION
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STAFF REPORT
RESOLUTION APPROVING A SUBLEASE
OF PORTIONS OF THE BOYS AND
GIRLS CLUB.
The Boys and Girls Club lease requires approval of the City to sublet any portions of the
Boys and Girls Club facility. The Boys and Girls Club is desirous of subletting a portion
of their premises to San Bernardino County for the operation of a Headstart Program. The
sublet property includes 6,300 square feet of building and 8,471 square feet of playground.
In return the Boys and Girls Club will be compensated in the amount of $3,906 per month
in rent plus 26 percent of all ut~lities.
Justification for Placement on Suoolemental Al!enda
In order to expedite operation of the Headstart Program at the Boys and Girls Club
location, it is requested that this Amendment to the Lease Agreement be approved at the
October 17, 1994 meeting of the Mayor and Common Council.
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boysClubLease-u
10/10/94
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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 '1'0 THE BOYS CLUB.
.
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.
, 1994, by the following vote, to-wit:
Council Members:
ABSTAIN ABSENT
AYES
NAYS
NEGRETE
CURLIN
HERNANDEZ
OBERHELMAN
DEVLIN
POPE-LUDLAM
MILLER
City Clerk
The foregoing Resolution is hereby approved this
day
, 1994.
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Tom Minor, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
By:
DAB/j. [BClub.Re.1
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o EXHIBIT-S.O
COUNTY'S ALTERATIONS
COUNTY, at COUNTY's expense,. shall make the following alterations to the Premises leased:
A. Bath room: Install six (6) tonets, five (5) sinks and one (1) urinal as shown on Exhibit
. A. Premises Leased.
B. Paint all interior walls.
C. Install 9' by 9' carpet in classroom.
D. Install tricycle tran and playground equipment in playground area.
E. Plant one (1) tree.
F. Fence playground area.
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PA.RAGRAPH
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TABLE OF CONTENTS 0
CAPTION
PARTIES
PREMISES LEASED
TERM
RENT
OmON TO EXTEND TERM
RETURN OF PREMISES
HOlDING OVh"'R
TAXES
USE
HEAL'IH, SAFETY '" FIRE CODE REQUIREMENTS
SIGNS
MAINTENANCE
ALTERATIONS
FIX1URES
U11LlTIES
HOlD HARMLESS
INSURANCE
DES1RUCIl0N OF PREMISES
LANDLORD'S DEFAULT
. COUNTY'S REMEDIES ON LANDLORD'S DEFAULT
COUNTY'S DEFAULT
LANDLORD'S REMEDIES ON COUNTY'S DEFAULT
LANDLORD'S ACCESS TO PREMISES
NOTICES
INCORPORATION OF PRIOR AGREEMENT
WAIVERS
AMENDMENTS
SUCCESSORS
SEVERABllJTY
TIME OF ESSENCE
QUIET ENJOYMENT
PROVISIONS ARE COVENANTS & CONDmONS
CONSENT
EXHIBITS
LAW
JURY TRIAL WAIVER
COUNTY'S RIGHT TO TERMINATE LBASE
CAPTIONS, TABLE OF CONTENTS '" COVER PAGE
SURVIVAL
INTERPRETATIONS
'!II'
Exhibit "A" Premises Leased
Exlnbit "S" County's Alterations
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o LEASE AGREEMENT 0
1. PA.RTIES: This lease is made between the Boy's Oub of San Bernardino,
IDe., a non-profit California Corporation ("LANDLORD"), and the County of San
Bernardino ("COUNTY"), who agree as follows:
2. P~MlSES T .RA.~En: LANDLORD leases to COUNTY and COUNTY
leases from lANDLORD 6,300 square feet of the bulldiDg and 8,471 square feet of
playground area and other improvements located at 1180 West Ninth Street, San
Bernardino, California ("Premises") as descn"bed in Exlubit "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 Three 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 wbich notices
to LANDLORD are given.
S. OPTION TO Ex;:rEND 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 prec:ediDg term or during any holding over pursuant to
Paragraph 7, "HOLDING OVER-" The rent for each extended term sball be adjusted by
good faith negotiation of th~parties to the fair market rental then prevailing based upon
the rental rates of comparable leased property in San Bernardino County. H the parties
have been unable to agree upon the said fair market rental rate within five (S) months of
the COUNTY's notice to exercise an option for an extended term, said fair market rental
rate sball be determined through arbitration conducted in accordance with the Commercial
Arbitration Rules of the American Arbitration Association. H 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.
6. RETIJRN OF PREMISES: The COUNTY agrees that it will, upon the
termination of this lease or any extension thereof, retum 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: ID the event the COUNTY sball hold over and continue
to oc:cupy the Premises with the consent of the LANDLORD, expressed or implied, the
. C tenancy shall be deemed to be a tenancy from moDtb-to-month upon the same terms and
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b. IOmLORD at its cost shall repair ti10emises if they are damaged
by (1) causes over wbic:b COUNTY has no control: (2) acts or omissions of LANDLORD,
or its authorized representatives.
Co LANDLORD sba1l 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. If 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
c:barges for COUNTY employees and equipment) in the performance of LANDLORD's
obligations. If LANDLORD does not reimburse COUNTY within ten (10) days after
demand from COUNTY, COUNTY sba1l 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 sba1l be made as provided in Paragraph 24,
"NOTICES." .
d. COUNTY, at its cost, sba1l: (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 sba1l 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 Exlu'bit "B", County's Alterations.
14, FIXTURES: COUNTY sba1l have the right during the term(s) of this lease
to install strelving and fixtures, and make interior, non-structural improvements or alterations
in the Premises. Suc:b shelving, fixtures, improvements, and alterations sba1l 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 OOUNTY 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 suc:b shelving, fixture, i1wrovements and alterations to the LANDLORD, in which
case COUNTY sba1l have no duty to restore the pPmfc~ Any suc:b election to surrender
must be in writing, but need not be accepted by LANDLORD to be effective.
15. tmLITIES: LANDLORD sba1l furnish to the Pr..ml- and pay all service
c:barges and related taxes for water, sewer, trash, electricity, gas and security. LANDLORD
sba1l bill COUNTY monthly; and COUNTY sba1l pay its pro rata share of twenty-six
percent (26%) of all utilities and security for the Premises. OOUNTY sba1l furnish and pay
for its own telephone service.
. . . . . .
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COUNTY's officials, Qcers, employees, agents and repr~tatives; and, (2) the policies
are primary and non-contnbuting with any insurance that may be carried by COUNTY.
Co 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 chSlllge 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 daims "8"'i-t 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 tenII of the
lease (induding any option periods) must be in writing and siped by the Risk Manager to
be effective. ·
(2) Any such reduction or waiver for the entire term of the lease
(induding 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.
t 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, COUNTY 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 ~ch coverage, COUNTY may either terminate the lease, reinstate or acquire the
affected coverage, and I..ANDLORD shall reimburse COUNTY for the neces,,'Y cost at
COUNTY's option. If I..ANDLORD does not reimburse COUNTY within ten (10) days
after demand by COUNTY, COUNTY shall have the right to withhold from future rent due
the sum COUNTY bas expended until COUNTY is reimbursed in fun.
18. DESTRUCTION OF PREMISES:
a. If, during the term of this lease, any casualty renders ten percent (10%)
or less of the floor space of the Premises unusable for the purpose intended, 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. If I..ANDLORD 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 I..ANDLORD, perform the obligations and have the right to
be reimbursed for all sums it actually and reasonably expends (indudiDg 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 COUNTY performs
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shall not be requireQo pay rent during the reasonable~e required to vacate the
Preml...s
e. In the event there is a destruction of a portion of the Premises as set
out in paragraphs "a", "b", and "f!' 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
beaol1~ 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 be~ of such
destruction, LANDLORD agrees to use any and all insurance proceeds received for said
destruction in the restoration of the Preml-5.
g. In the event LANDLORD is required to restore the Premises as
provided in this paragraph. LANDLORD sba11 restore, at LANDLORD's expense, any
structural or exterior improvements 0: 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 m8de
by the COUNTY pursuant to Paragraph 14, "FIXTURES,' of this lease. .
b. 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 respoDSlble for the ulnm"te 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 bas 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. COUN'J'V'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 mnlmum 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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law to charge. "The worth, at the time of the award," as referred to in "~ of this paragraph,
is to be computed by discounting the amount at the discolmt rate of the Federal Reserve
C Bank of San Francisco at the time of the award, plus one percent (1%).
23. LANDLORD'S ACCESS TO P~SES: LANDLORD and its authorized
representatives shall have the right to enter the Prem;CtO!s at all reasonable times for any of
the following purposes:
L 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.
e. 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 broken, agents, buyen, tenants,
lenders or persons interestr:d 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 pos51ble inconvenience, annoyance,' or
disturbance to COUNTY.
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24. NOTICES: Any notice, demand, request, consent, approval, or communication
that either party desires or is required to give to the other party or any other person shall
be in writing and either served pem>na1ly 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 '!IT
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 mllml1g if mailed as provided in this paragraph.
LANDLORD's address: Boy's Oub of San Bernardino, Ine.
1180 West Ninth Street
San Bernardino, CA 92411
COUNTY's address: Preschool Services Department
250 South Lena Road
San Bernardino, CA 92408
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25. INCORPO~TlON OF PRIOR AGREEMENT: This lease contains all of the
agreements of the parties hereto with respect to any matt~r covered or mentioned in this
lease, and no prior agreement or understanding pertll;n;ng to any such matter shall be
effective for any purpose.
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37. COUNTY'S RIGHT TO TERMINATE 1.1r.A.~Il'.. The COUNTY shall have the
right to term1n..te this lease at llJlYtime whenever COUNTY, in its sole discretioD,
determines it would be in COUNTY's best interests to terminate this lease. COUNTY shaI1
give LANDLORD DOtice of any termination pursuant to this paragraph at least thirty (30)
days prior to the date of termination.
38. CAPTIONS. TABLE OF CONTENTS AND COVF;Jl PAGE: The paragraph
captions, table of contents and the cover page of this lease shall have DO 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.
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