The URL can be used to link to this page

Home My WebLink About36-City Manager CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL A8fiO~ I N J~ L Date: September 25, 2008 Subject: Resolution of the Mayor and Common Council of the City of San Bernardino approving the Lease Agreement by and between the City of San Bernardino, the County of San Bernardino and the High Desert Partnership in Academic Excellence Foundation, Inc, for property located at 503 East Central A venue, San Bernardino, CA. From: Lori Sassoon, Assistant City Manager Dept: City Manager's Office Meeting date: October 6, 2008 Synopsis of Previous Council Action: . September 15,2008- item was continued until October 6, 2008 . September 2,2008 - Resolution 2008-340 ratifYing the City Manager's execution of Amendment No. I to the License and Indemnification Agreement. . July 7, 2008 - Resolution 2008-279 authorizing the execution of a License and Indemnification Agreement by and between the City, the County of San Bernardino, and the High Desert Partnership in Academic Excellence for property located at 503 East Central Avenue. . February 4, 2008 - Council received a presentation about the proposed Norton Space and Aeronautics Academy. . April 21, 2008 - Council approved a fee waiver/reimbursement for Norton Space & Aeronautics Academy for the establishment of a charter school at the Mill Center, located at 503 E. Central A venue Recommended motion: Adopt resolution. --I \-51/.... , ~ 'I' ~ ! .0--...h-- )-.) -- f I' Signature !/ Contact person: Lori Sassoon Phone: 384-5122 Supporting data attached: Staff Report, Resolution Agreement Ward: I FUNDING REQUIREMENTS: Amount: none Source: (Acc!. No.) (Acc!. Description) Finance: Council Notes: ~-:5CJ Zc>u f3 - 5c;o He V/t!l/S ~r #-1/ 9//.\ /(JA" , / Agenda Item No. :3lo ( O,iI"'OS CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Subiect: Resolution of the Mayor and Common Council of the City of San Bernardino approving the Lease Agreement by and between the City of San Bernardino, the County of San Bernardino and the High Desert Partnership in Academic Excellence Foundation, Inc, for property located at 503 East Central Avenue, San Bernardino, CA. Backe:round: The City, County of San Bernardino, and the Norton Space and Aeronautics Academy (NSAA) entered into a License and Indemnification Agreement on July 7, 2008, permitting the NSAA to make the needed improvements to the former Mill Community Center, which is west of the former Norton Air Force Base. In order to allow NSAA to commence school operations on August 25, 2008, the parties signed Amendment No. I to the License and Indemnification Agreement. Although, the License and Indemnification Agreement expired on September 16, 2008, the Agreement currently serves as an interim agreement from day to day, until a long-term lease agreement between the City, County of San Bernardino and the NSAA is approved by Council. The twenty-year Lease Agreement was to be approved by City Council on September 15, 2008; however, several sections of the Lease Agreement omitted the word "City", when referencing both the City and County. Revisions to the Lease Agreement by County Counsel to replace "County" with "County and/or City", has been signed by NSAA. The original agreement was approved by the County Board of Supervisors on September 9, 2008, and an amendment to the agreement fixing the "City" omissions will be approved by the County Board of Supervisors within the next 60 days. The term of the Lease Agreement is from June 1,2008 to May 31,2028. Annual rent paid to the City and County by the NSAA for the 14.2 acres, including buildings, and other improvements will be $1. The NSAA, at their sole cost, will maintain the location covered in the lease, including all buildings, grounds, and other property improvements. The NSAA will not make any structural or exterior improvement without the prior consent of the City and County and will do so at their own cost. Furthermore, a list of mandatory improvements and modifications, including the construction of a Head Start Facility, shall be made by the NSAA at their own cost. Upon the termination of the Lease Agreement, the location shall be returned to the City and County in good condition and all modular classroom structures will be removed. The NSAA is run by the same consortium that created the Lewis Center for Education Research, a school facility in Apple Valley supported by Congressman Jerry Lewis. The NSAA opened on Monday, August 25, and began with 183 students. Up to 300 students will be accepted the first year and the NSAA will add a grade level each year until the school is K-I2. Fiscal Impact: None Recommendation: Adopt resolution. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. F(jlrQ)w ''::::/~1U U RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE LEASE AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO, THE COUNTY OF SAN BERNARDINO, AND THE HIGH DESERT PARTNERSHIP IN ACADEMIC EXCELLENCE FOUNDATION, INC., FOR PROPERTY LOCATED AT 503 EAST CENTRAL AVENUE, SAN BERNARDINO, CA. 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 and directed to execute on behalf of the City, a Lease Agreement by and between the City of San Bernardino, the County of San Bernardino and the High Desert Partnership in Academic Excellence Foundation, Inc. which does business as the Norton Space and Aeronautics Academy, relating to certain real property at 503 East Central Avenue, San Bernardino, CA. A copy of the Lease Agreement is attached as Exhibit "A" and incorporated herein by reference. SECTION 2. Authorization granted hereunder shall expire and be void and of no further effect if the agreement is not executed by all parties and returned to the Office of the City Clerk within sixty (60) days following the effective date of the resolution. III // III III III III III III III III RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE LEASE AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO, THE COUNTY OF SAJ'oI BERNARDINO, AND THE HIGH DESERT PARTNERSHIP IN ACADEMIC EXCELLENCE FOUNDATION, INC., FOR PROPERTY LOCATED AT 503 EAST CENTRAL A VENUE, SAN BERNARDINO, CA. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2008. 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 , 2008, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA BAXTER BRINKER DERRY KELLEY JOHNSON MCCAMMACK // City Clerk The foregoing resolution is hereby approved this day of 22 23 24 Approved as to Form: PanickJ. Monns, Mayor City of San Bernardino 25 26 27 28 JAM City By: F, PENMAN, omey /1 t/~ FAS ~ New Vendor Code Depl. Contrad Number f- Change SC A Cancel County Department Dept. Orgn. TENANT's License No. Real Estate Services Department County Department Contract Representative Telephone Total Contract Amount David H. Slauohter, Director 387-7813 Contract Type - FOR COUNTY USE ONL Y EXHIBIT "A" County of San Bernardino CONTRACT TRANSMITTAL: c...: Revenue 0 Encumbered 0 Unencumbered 0 Other: Ilf not encumbered or revenue contract type provide reason' I Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount Fund Dept. Organization Appr. Obj/Rev Source GRCIPROJ/JOB No. Amount AAA RNT RNT . 200 2905 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 FY Amount I/O FY Amount I/O - - - - Contract type 2(d) - - TENANT Federal 10 No. or Social Security No. TENANT's Representative Address Phone Nature of Contract: . . // This Lease is for a period of Twenty (20) years. Leased premises consist of 14.2 acres of former Mill Street School in San Bernardino, excluding County Head Start facilities, and City swimming pool. Rental is $1.00 per year. (AlUm this transmitul to all contracts not prepaIWI on the "Standard Contract" form.) Approved as to Legal Form (sign in blue ink) Reviewed as to Contract Complianee Presented to 80S for Signature . SEE SIGNATURE PAGE County Counsel . . Department Head Date Date Date Auditor/Controller-Recorder Use Onlv D Contract Database D FAS Input Date Keyed By COUNTY OF SAN BERNARDINO LEASE AGREEMENT TENANT: THE HIGH DESERT PARTNERSHIP IN ACADEMIC EXCELLENCE FOUNDATION, INC. 17500 Mana Road Apple Valley, CA 92307 COUNTY: COUNTY OF SAN BERNARDINO Real Estate Services Departrnent 825 East Third Street San Bernardino, CA 92415-0832 CITY: CITY OF SAN BERNARDINO 300 North "0" Street San Bernardino, CA 92307 PREMISES: 503 East Central Avenue San Bernardino, California TERM OF LEASE: Twenty (20) years // COMMENCEMENT DATE OF LEASE: June 1, 2008 ANNUAL REVENUE: $1.00 COUNTY CONTRACT NUMBER: DOCUMENT NUMBER AND REVISION DATE: NO.2109626 8/25/08 DATE TYPED: August 25,2008 TABLE OF CONTENTS PARAGRAPH CAPTION 1 PARTIES 2 PREMISES LEASED 3 TERM 4 CONSIDERATION 5 RETURN OF PREMISES 6 TAXES 7 USE 8 HEALTH, SAFETY & FIRE CODE REQUIREMENTS 9 SIGNS 10 MAINTENANCE 11 ALTERATIONS AND TENANT IMPROVEMENTS 12 FIXTURES 13 UTILITIES 14 HOLD HARMLESS 15 INSURANCE 16 DESTRUCTION OF PREMISES 17 COUNTY'S AND CITY'S ACCESS TO PREMISES 18 NOTICES 19 INCORPORATION OF PRIOR AGREEMENT 20 WAIVERS 21 AMENDMENTS 22 SUCCESSORS 23 SEVERABILITY 24 TIME OF ESSENCE 25 QUIET ENJOYMENT 26 PROVISIONS ARE COVENANTS & CONDITIONS 27 CONSENT 28 EXHIBITS 29 LAW 30 JURY TRIAL WAIVER 31 ATTORNEYS' FEES AND COSTS 32 VENUE 33 CAPTIONS. TABLE OF CONTENTS & COVER PAGE 34 SURVIVAL 35 BROKER'S COMMISSIONS 36 ESTOPPEL CERTIFICATES 37 SECURITY DEPOSIT 38 ASSIGNMENT AND SUBLETTING 39 TERMINATION 40 FORMER COUNTY AND CITY OFFICIALS 41 MISREPRESENTATIONS " 42 DISCLOSURE 43 DEFAULT AND RIGHT TO TERMINATE 44 INTERPRETATIONS 45 ENTIRE AGREEMENT 46 AUTHORIZED SIGNATORS PAGE 1 1 1 1 2 2 2 2 2 3 4 5 5 5 5 7 7 8 8 9 9 9 9 9 9 9 // 9 9 9 9 10 10 10 10 10 10 11 11 12 12 13 13 13 17 17 17 SIGNATURES Exhibit "A" - Premises Description Exhibit "8" - Premises Specifications Exhibit "C" - List of Former County Officials Exhibit "D" - Head Start Facility Specifications // LEASE AGREEMENT 1. PARTIES: This lease is made between COUNTY OF SAN BERNARDINO ("COUNTY") and CITY OF SAN BERNARDINO ("CITY") jointly and severally as landlord, and THE HIGH DESERT PARTNERSHIP IN ACADEMIC EXCELLENCE FOUNDATION, INC. ("TENANT") as tenant, who agree as follows: 2. PREMISES LEASED: COUNTY and CITY lease to TENANT and TENANT leases from COUNTY and CITY the 14.2 acres, that the TENANT will occupy upon build- out of the improvements described herein, including buildings, real property and other improvements, with parking spaces, including handicapped parking, at 503 East Central Avenue, San Bernardino, Califomia ("Premises"), as more particularly described in Exhibit "A", Premises Description. The Premises expressly excludes all portions of the property located at 503 East Central Avenue which will be solely occupied by the COUNTY and/or CITY, such as park and playfield areas. 3. TERM: This lease shall commence on June 1, 2008, and continue thereafter until May 31,2028 ("Term). In the event the Term commences prior to the date specified for the commencement of the Term as a result of COUNTY and CITY making the Premises available and TENANT's written acceptance of early possession of the Premises, the ending date of the Term shall remain the same. The lease may be extended upon mutual written agreement of the parties. In the event a party intends not to pursue such an extension and allow the lease to expire after the initial Term, such party shall provide written notice of' such determination at least six (6) months prior to the expiration of the Term. 4. CONSIDERATION: TENANT in consideration for the lease: a. TENANT shall pay in advance to COUNTY, which shall administer the terms of this Lease on behalf of both the COUNTY and CITY, the annual rental of ONE DOLLAR and NO/100 Dollars ($1.00) per year for the full twenty year term of this lease when the Term commences. The rent required under this lease shall supersede all fees required under any prior license agreements with respect to the Premises between the parties to this agreement. b. The CITY shall retain the option to use the swimming pool facility and area, and may close and demolish same at any time in its sole discretion. c. It is understood and agreed that the COUNTY and CITY shall have the right to joint use of the Premises subject to the agreement of all parties. d. TENANT shall provide a guaranteed area for Head Start that meets the then-current federal specifications for such a facility, a copy of the specifications in effect at the time of this lease is set forth in Exhibit "D", Head Start Facility Specifications. TENANT shall acknowledge that the current location / configuration of Head Start facilities' meets said specifications. Concurrent with TENANT's construction of the 1 improvements described in Exhibit "S" hereto, TENANT shall, at its own cost, make the additional improvements to the Premises set forth in Exhibit "0" relating to construction of a new Head Start educational facility ("Head Start Facility"). TENANT further warrants and agrees that during the course of construction of the Head Start Facility, TENANT will provide classrooms in a like kind and number to those already in use on the Premises by the COUNTY's Head Start program, to accommodate the uninterrupted operation of Head Start classes during construction of the new Head Start Facility. 5. RETURN OF PREMISES: The TENANT agrees that it will, upon any termination of this lease, return the Premises in as good condition and repair as the Premises now are or shall hereafter be put; reasonable wear and tear excepted; and remove any and all modular classroom structures which TENANT may place On the Premises during TENANTs occupancy of the Premises. 6. TAXES: TENANT is currently a tax exempt entity and does not anticipate incurring any tax liability as a result of this agreement. However, if applicable, TENANT shall pay before delinquency any and all property taxes, assessments, fees, or charges, including possessory interest taxes, which may be levied or assessed upon any personal property, improvements or fixtures installed or belonging to TENANT and located within the Premises. TENANT shall also pay all license or permit fees necessary or required by law for the conduct of its operation. TENANT recognizes and understands that this lease may create a possessory interest subject to property taxation and that the TENANT may be subject to the payment of property taxes levied on such interest. 7. USE: This lease is limited to the purpose of a neighborhood educational facility to accommodate school grades kindergarten through high school, to provide a charter school educational facility on the portion of the Premises identified as the Premises which is the subject of this Lease, and as further described in Exhibit "A" hereto. TENANT shall not use the Premises for any other purpose. 8. HEALTH. SAFETY AND FIRE CODE REQUIREMENTS: // As a condition precedent to the existence of this lease, TENANT at its sole expense will ensure the Premises meet the applicable requirements of the Health, Safety, Fire and Suilding Codes, including any requirements for a notice of completion, certificate of occupancy and the Americans with Disabilities Act ("ADA"). Should the continued occupancy of the leased Premises be in any way prejudiced or prevented due to changes in the ADA or the Health, Safety or Fire Codes, the TENANT herein shall correct, update and comply with said changes at TENANTs cost. 9. SIGNS: TENANT will display from the windows and/or marquee of the Premises only such sign or signs as are not prohibited by law, and which are approved by COUNTY and CITY. 1/1/ 1/1/ 2 10. MAINTENANCE: a. TENANT at its sole and separate cost shall maintain in good condition and within recognized industry standards all portions of the Premises used and/or occupied by the TENANT, including but not limited to the following: (1) The structural parts of the building and other improvements that are a part of the Premises, which structural parts include the foundations, bearing and exterior walls (including glass and doors), subflooring, and roof; (2) The electrical, plumbing, and sewage systems, including, without limitation, those portions of the systems lying outside the Premises; (3) Window frames, gutters, and downspouts on the building and other improvements that are a part of the Premises; (4) Air conditioner, heating and ventilating systems servicing the Premises (additionally, air conditioning and heating filters are to be changed quarterly); (5) The grounds, including all parking areas 'and outside lighting, grass, trees, shrubbery and other flora, and; (6) Interior maintenance and janitorial services. b. TENANT shall have no obligation or responsibility to maintain or otherwise repair any portion of the property located at 503 East Central Avenue that is solely used or occupied by the COUNTY and/or CITY. c. COUNTY and CITY at their cost shall repair the Premises if they are damaged by acts or omissions of COUNTY or CITY or their authorized representatives. // d. TENANT shall have ten (10) days after notice from COUNTY or CITY to perform its obligation under this paragraph, except that TENANT shall perform its obligations immediately if the nature of the problem presents a material hazard or emergency. Provided, however, if the nature and/or extent of TENANT's obligation is such that more than ten (10) days are reasonably required to complete, then TENANT shall not be in default if TENANT commences its obligation within said ten (10) day period and thereafter diligently prosecutes its obligation to completion. If TENANT does not perform its obligations within the time limitations in this paragraph, COUNTY and/or CITY after notice to TENANT can perform the obligations .and have the right to be reimbursed for the sum COUNTY or CITY actually and reasonably expends (including charges for COUNTY and/or CITY employees and equipment) in the performance of TENANT's obligations. Any notice or demand concerning a material hazard or emergency may be made orally, by telephone or otherwise, provid.~d that written confirmation is given within five (5) days after the oral notice or demand is made. Such confirmation shall be made as provided in Paragraph 18, NOTICES. 3 11. ALTERATIONS. IMPROVEMENTS. AND ADDITION OF MODULAR CLASSROOM UNITS TO THE PREMISES: (a) TENANT shall not make any structural or exterior improvements or alterations, or add modular classroom units to the Premises without the prior consent of the COUNTY and CITY. (b) TENANT, at its cost, agrees to make the improvements to the Premises set forth in Exhibit "S", including the addition and installation of modular classroom units on the Premises Specifications ("Improvements"). Notwithstanding the provisions of Paragraph 4(d), when TENANT commences construction of facilities for its primary program students (grades Kindergarten through Second), it will relocate the COUNTY's head Start facilities to an alternate location at the same time. TENANT acknowledges and agrees that upon the termination of this Lease, TENANT shall, at its cost, remove any and all classroom modular units placed on the Premises during TENANT's occupancy of the Premises. (c) TENANT understands and agrees not to make any modifications to the improvement plans and specifications as set forth in Exhibit "S", Premises Specifications, without first obtaining approval in the form of an amendment to this Lease. Any changes to these plans and specifications will be at the expense of the TENANT and not the COUNTY or CITY. (d) In the event TENANT contracts for the construction of any portion of the Improvements set forth in Exhibit "S", Premises Specifications, TENANT shall comply with the applicable portions of Labor Code Section 1720.2 and 1770 et seq. regarding general prevailing wages. (e) TENANT, at its sole expense, must provide all site plans (including elevations of the building and details of the exterior finish), space';design plans, construction plans, and a complete set of the bid drawings and specifications to the COUNTY and CITY. The bid drawings shall be on reproducible transparent vellum with the architect's/engineer's professional stamp and signature, and also provided to COUNTY and CITY on a compact disc-recordable (CO-R). The file format for the CO-R copy shall be compatible with MS-OOS and AutoCAO 2002 software (.dwg file extension). The specifications shall be submitted as a reproducible hardcopy and copied on a CO-R with formats compatible with MS-OOS and Microsoft Word. TENANT agrees and understands that it will construct on the Premises dUring the period immediately following execution of this Lease, those Improvements shown.on the space design and site plans prepared by TENANT and approved by COUNTY and CITY. The Improvements shall be constructed in accordance with Paragraph 8, HEALTH. SAFETY AND FIRE CODE REQUIREMENTS, and Exhibits "S", Premises Specifications, and "0", Head Start Facility Specifications. 4 12. FIXTURES: TENANT shall have the right during the Term(s) of this lease to install shelving and fixtures, and make interior, non-structural improvements or alterations in the Premises. Such shelving, fixtures, improvements, and alterations shall remain the property of the TENANT and may be removed by the TENANT during the Term(s) of this lease or within a reasonable time thereafter, provided that the TENANT restores the Premises to the condition as it existed at the commencement of this lease, reasonable wear and tear excluded, or the TENANT in its sole discretion may elect to surrender all or any part of such shelving, fixture, improvements and alterations to the COUNTY and CITY, in which case TENANT shall have no duty to restore the Premises. Any such election to surrender must be in writing and accepted by COUNTY and CITY to be effective. 13. UTILITIES: TENANT shall furnish to the Premises and pay all service and connection charges and related taxes for water, trash, sewer and all other utilities for the areas used and/or occupied by the TENANT. The TENANT shall furnish and pay for its own telephone service. TENANT shall have no obligation or responsibility to pay for any such utilities for any portion of the property located at 503 East Central Avenue that is solely used or occupied by the COUNTY and/or CITY. 14. HOLD HARMLESS: TENANT, COUNTY and CITY agree to indemnify, defend and hold harmless the other party or parties, and its respective officers, agents, volunteers and employees, from and against all liabilities (including without limitation all claims, losses, damages, penalties, fines, and judgments, associated investigation and administrative expenses, and defense costs, including but not limited to reasonable attorney's fees, court costs and costs of alternative dispute resolution) regardless of nature or type arising out of or resulting from the negligence or willful misconduct of the indemnifying party or its respective officers, employees or agents. To the extent that liability is caused by the active negligence or willful misconduct of an indemnified party, the indemnification obligation shall be reduced in proportion to the indemnified party's share of liability for its active negligence or willful misconduct, if any. ? 15. INSURANCE: a. COUNTY and CITY are public entities and are self-insured. b. Without in anyway affecting the indemnity herein provided and in addition thereto, TENANT shall secure and maintain throughout the lease the following types of insurance with limits as shown: I (1) Workers' Compensation: A program of Workers' Compensation insurance or a state-approved Self-Insurance Program in an amount and form to meet all applicable requirements of the Labor Code of the State of California including Employer's Liability with Two Hundred Fifty Thousand and 00/100 Dollar~ ($250,000.00) limits, covering all persons providing services on behalf of the TENANT and all risks to such persons under this agreement. 5 If TENANT has no employees, it may certify or warrant to COUNTY and CITY that it does not currently have any employees or individuals who are defined as "employees" under the Labor Code and the requirement for Workers' Compensation coverage will be waived by the COUNTY's and CITY's Risk Managers. If TENANT is a non-profit corporation organized under California or Federal law, volunteers for the TENANT are required to be covered by Workers' Compensation insurance. If the COUNTY's and CITY's Risk Managers determine that there is no reasonably priced coverage for volunteers, evidence of participation in a volunteer insurance program may be substituted. (2) Comprehensive General and Automobile Liability Insurance: This coverage to include contractual coverage and automobile liability coverage for owned, hired and non-owned vehicles. The policy shall have combined single limits for bodily injury and property damage of not less than Five Million and 00/100 Dollars ($5,000,000.00). (3) Fire Insurance: Standard fire and extended coverage insurance, with vandalism and malicious mischief endorsements to the extent of at least one hundred percent (100%) of the full replacement value of the Premises. c. Additional Named Insured: All policies, except for the Workers' Compensation, shall contain additional endorsements naming the COUNTY and CITY and their officers, employees, agents and volunteers as additional named insureds with respect to liabilities arising out of this agreement. d. Waiver of Subrogation Rights: TENANT shall require the carriers of the above required coverages to waive all rights of subrogation against the COUNTY and CITY, their officers, employees, agents, volunteers, contractors and subcontractors. e. Policies Primary and Non-Contributory: All policies--iequired above are to be primary and non-contributory with any insurance or self-insurance programs carried or administered by the COUNTY and/or CITY. f. Proof of Coverage: TENANT shall immediately furnish certificates of insurance to the COUNTY and CITY, evidencing the insurance coverage, including endorsements, above required prior to occupying the Premises and the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30)'days written notice to the COUNTY and CITY, and TENANT shall maintain such insural)ce from the time of occupancy and commencement of performance of services hereunder until the completion of such occupancy. Within sixty (60) days of the commencement of this agreement, the TENANT shall furnish certified copies of the policies and all endorsements. g. Insurance Review: The above insurance requirements are subject to periodic review by the COUNTY and CITY. The COUNTY's and CITY's Risk Managers 6 are authorized, but not required, to reduce or waive any of the above insurance requirements with the prior written consent of the COUNTY and CITY whenever the Risk Managers determine that any of the above insurance is not available, is unreasonably priced, or is not needed to protect the interests of the COUNTY and CITY. In addition, if the Risk Managers determine that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Risk Managers are authorized, but not required, to change the above insurance requirements to require additional types of insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against the COUNTY and CITY, inflation, or any other item reasonably related to the COUNTY's and CITY's risk. Any such reduction or waiver for the entire Term of the agreement and any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this agreement. TENANT agrees to execute any such amendment within thirty (30) days of receipt. h. Failure to Have Insurance: In the event the COUNTY or CITY receives a notice of cancellation conceming any of the required policies, or should TENANT fail to have in effect the required coverage at any time during this lease, COUNTY or CITY may give notice to TENANT to immediately suspend all TENANT activities and/or notice to reinstate or acquire the affected coverage. Should TENANT fail to reinstate or acquire the affected coverage within ten (10) days of COUNTY's or CITY's notice to reinstate or acquire such coverage, COUNTY or CITY may either terminate the lease, reinstate or acquire the affected coverage, and TENANT shall reimburse COUNTY and/or CITY for the necessary cost at COUNTY's and CITY's option. If TENANT does not reimburse COUNTY and/or CITY within ten (10) days after demand by COUNTY or CITY, COUNTY and/or CITY shall have the right to withhold from future rent due the sum COUNTY and/or CITY has expended until COUNTY and/or CITY is reimbursed in full. I. Neither the COUNTY nor the CITY shall have liability for any premiums charged for such coverage(s). The inclusion of COUNTY/;:and CITY as additional named insureds is not intended to and shall not make them a partner or joint venturer with TENANT. 16. DESTRUCTION OF PREMISES: In the event of the destruction of the Premises, which renders it incapable of its intended use as a school, the TENANT at its discretion may terminate the lease, or subject to the mutual agreement of the parties rebuild, reconstruct, or repair the damaged Premises. " 17. COUNTY'S AND CITY'S ACCESS TO PREMISES: COUNTY and CITY and their authorized representatives shall have the right to enter the Premises at all reasonable times for any of the following purposes: a. To determine whether the Premises are in good condition; 7 b. To exercise any and all rights the COUNTY or CITY have under this lease. c. To serve, post, or keep posted any notices required by law; d. To post "for sale" signs at any time during the Term, to post "for rent" or "for lease" signs during the last three (3) months of the Term, prior to posting any such signs, the COUNTY and/or CITY shall provide six (6) months written notice to the TENANT of its intent to allow this agreement to expire as described in Section 3, above, and; e. To show the Premises to prospective brokers, agents, buyers, tenants, lenders or persons interested in an exchange, at any time during the Term. COUNTY and CITY shall conduct their activities on the Premises as allowed in this paragraph in a manner that will cause the least possible inconvenience, annoyance, or disturbance to TENANT. 18. 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, including notices under the California unlawful detainer statutes, 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/CITY working days from the time of mailing if mailed as provided in this paragraph. TENANT's address: High Desert Partnership in Academic Excellence Foundation 17500 Mana Road // Apple Valley, CA 92307 COUNTY's address: County of San Bernardino Real Estate Services Department 825 East Third Street San Bernardino, CA 92415-0832 CITY's address: City of San Bernardino City Manager 300 North "0" Street San Bernardino, CA 92418-0001 19. INCORPORATION OF PRIOR AGREEMENT: This lease contains all of the agreements of the parties hereto with respect to any matter covered or mentioned in this 8 lease, and no prior agreement or understanding pertaining to any such matter shall be effective for any purpose. 20. WAIVERS: No waiver by either party of any provisions of this lease 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. 21. AMENDMENTS: No provision of this lease 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 its terms an intention to modify this lease. 22. SUCCESSORS: This lease shall inure to the benefit of and be binding upon the heirs, executors, administrators, successors, and assigns of the parties hereto. 23. SEVERABILITY: If any word, phrase, clause, sentence, paragraph, section, article, part or portion of this lease is or shall be invalid for any reason, the same shall be deemed severable from the remainder hereof and shall in no way affect or impair the validity of this lease or any other portion thereof. 24. TIME OF ESSENCE: Time is of the essence of each provision of this lease which specifies a time within which performance is to occur. In the absence of any specific time for performance, performance may be made within a reasonable time. 25. QUIET ENJOYMENT: Subject to the provisions of this lease and conditioned upon performance of all the provisions to be performed by TENANT hereunder, COUNTY and CITY shall secure to TENANT during the lease Term the quiet and peaceful possession of the Premises and all right and privilege appertaining thereto. 26. 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. /;. 27. CONSENT: Whenever consent or approval of either party is required that party shall not unreasonably withhold or delay such consent or approval. 28. EXHIBITS: All exhibits referred to are attached to this lease and incorporated by reference. 29. LAW: This lease shall be construed and interpreted in accordance with the laws of the State of Califomia. 30. JURY TRIAL WAIVER: COUNTY, CITY, and TENANT hereby waive their respective right to trial by jury of any cause of action, claim, counterclaim or cross- complaint in any action, proceeding and/or hearing brought by either COUNTY or CITY against TENANT or TENANT against COUNTY or CITY on any matter whatsoever arising out of, or in any way connected with, this lease, the relationship of COUNTY or CITY and 9 TENANT, TENANT's use or occupancy of the Premises, or any claim of injury or damage, or the enforcement of any remedy under any law, statute, or regulation, emergency or otherwise, now or hereafter in effect. 31. ATTORNEYS' FEES AND COSTS: If any legal action is instituted to enforce or declare any party's rights hereunder, each party, including the prevailing party, must bear its own costs and attorneys' fees. This paragraph shall not apply to those costs and attorneys' fees directly arising from any third party legal action against a party hereto and payable under Paragraph 14, HOLD HARMLESS. 32. VENUE: The parties acknowledge and agree that this Lease 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 Lease will be the Superior Court of California, County of San Bernardino, San Bernardino District. Each party hereby waives any law, statute (including but not limited to Code of Civil Procedure section 394), or rule of court that would allow them to request or demand a change of venue. If any third party brings an action or claim concerning this Lease, the parties hereto agree to use their best efforts to obtain a change of venue to the Superior Court of California, County of San Bernardino, San Bernardino District. 33. 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. 34. SURVIVAL: The obligations of the parties which, by their nature, continue beyond the Term of this lease, will survive the termination of this lease. 35. BROKER'S COMMISSIONS: TENANT is solely responsible for the payment of any commissions to any broker who has negotiated or otherwise provided services in connection with this lease. // 36. ESTOPPEL CERTIFICATES: Each party within thirty (30) days after notice from the other party, shall execute and deliver to other party, in recordable form, a certificate stating that this lease is unmodified and in full force and effect, or in full force and effect as modified, and stating the modifications. The certificate also shall state the amount of minimum monthly rent, the dates to which the rent has been paid in advance, the amount of any security deposit or prepaid rent, and that there are no uncured defaults or specifying in reasonable detail the nature of any uncured default claimed. Failure to deliver the certificate within thirty (30) days shall be' conclusive upon the party requesting the certificate and any successor to the party requesting the certificate, that this lease is in full force and effect and has not been modified except as may be represented by the party requesting the certificate, and that there are no uncured defaults on the part of the party requesting the certificate. The estoppel certificate shall be in the form provided by the COUNTY or CITY. 1/1/ 10 37. SECURITY DEPOSIT: Security deposits shall not be required. 38. ASSIGNMENT AND SUBLETTING: a. TENANT shall not voluntarily assign or encumber its interest in this lease or in the Premises or any options contained in this lease or sublease, all or any part of the Premises, or allow any other person or entity (except TENANT's authorized representatives) to occupy or use all or any part of the Premises, without first obtaining COUNTY's and CITY's consent. Any assignment, encumbrance, or sublease without COUNTY's and CITY's consent shall be voidable and, at COUNTY's or CITY's election, shall constitute a default. No consent to any assignment, encumbrance, or sublease shall constitute a further waiver of the provisions of this paragraph. 1. If TENANT is a partnership, a withdrawal or change, voluntary, involuntary, or by operation of law, of any partner, or the dissolution of the partnership, shall be deemed a voluntary assignment. 2. If TENANT consists of more than one person, a purported assignment, voluntary, involuntary, or by operation of law, from one person to any other shall be deemed a voluntary assignment. 3. If TENANT is a corporation, any dissolution, merger, consolidation, or other reorganization of TENANT, or the sale or other transfer of a controlling percentage of the capital stock of TENANT, or the sale of more than fifty percent (50%) of the value of the assets of TENANT, shall be deemed a voluntary assignment. The phrase "controlling percentage" means the ownership of, and the right to vote, stock possessing more than fifty percent (50%) of the total combined voting power of all classes of TENANT's capital stock issued, outstanding, and entitled to vote for the election of directors. This paragraph shall not apply to corporatiGAs the stock of which is traded through an exchange or over the counter. b. TENANT immediately and irrevocably assigns to COUNTY and CITY, as security for TENANT's obligations under this lease, all rent from any subletting of all or a part of the Premises as permitted by this lease, and COUNTY and CITY, as assignee and as attomey-in-fact for TENANT, or a receiver for TENANT appointed on COUNTY's or CITY's application, may collect such rent and apply it toward TENANT's obligations under this lease; except that, until the occurrence of an act of default by TENANT, TENANT shall have the right to collect such rent. c. Fifty percent (50%) of all rent received by TENANT from its subtenants in excess of the rent payable by TENANT to COUNTY and CITY under this lease shall be paid to COUNTY and CITY, or fifty percent (50%) of any sums to be paid by an assignee to TENANT in consideration of the assignment of this lease or any option herein shall be paid to COUNTY and CITY. 11 d. If TENANT requests COUNTY or CITY to consent to a proposed assignment or subletting, TENANT shall pay to COUNTY and CITY, whether or not consent is ultimately given, COUNTY's and CITY's reasonable costs incurred in connection with such request, including, but not limited to, reasonable attorney's fees. e. No interest of TENANT in this lease shall be assignable by operation of law (including, without limitation, the transfer of this lease by testacy or intestacy). Each of the following acts shall be considered an involuntary assignment: 1. If TENANT is or becomes bankrupt or insolvent, makes an assignment for the benefit of creditors, or institutes a proceeding under the Bankruptcy Act in which TENANT is the bankrupt; or, if TENANT is a partnership or consists of more than one person or entity, if any partner of the partnership or other person or entity is or becomes bankrupt or insolvent, or makes an assignment for the benefit of creditors; 2. If a writ of attachment or execution is levied on this lease; 3. If, in any proceeding or action to which TENANT is a party, a receiver is appointed with authority to take possession of the Premises. f. An involuntary assignment shall constitute a default by TENANT and COUNTY or CITY shall have the right to elect to terminate this lease, in which case this lease shall not be treated as an asset of TENANT, unless the involuntary assignment is cured as follows: 1. If a writ of attachment or execution is levied on this lease, TENANT shall have ten (10) days in which to cause the attachment or execution to be removed. 2. If any involuntary proceeding in bankruptcy is btought against TENANT, or if a receiver is appointed, TENANT shall have sixty (60) days in which to have the involuntary proceeding dismissed or the received removed. 3. Except as provided in 1 and 2 above, TENANT shall have no right to cure any involuntary assignment. 39. TERMINATION: This lease may be terminated upon 60 days prior written notice by any of the parties in the event that the 'TENANT should cease operating a school on the Premises. 40. FORMER COUNTY AND CITY OFFICIALS: TENANT agrees to provide or has already provided information on former COUNTY and CITY administrative officials (as defined below) who are employed by or represent TENANt. The information provided includes a list of former COUNTY and CITY administrative officials who 12 terminated COUNTY or CITY employment within the last five years and who are now officers, principals, partners, associates or members of the business. The information also includes the employment with or representation of TENANT. For purposes of this provision, "COUNTY or CITY administrative official" is defined as a member of the Board of Supervisors, Mayor or Council, or such officer's staff, COUNTY Administrative Officer or CITY Manager, or member of such officer's staff, COUNTY or CITY department or group head, assistant department or group head, or any employee in the Exempt Group, Management Unit or Safety Management Unit. (See Exhibit "C", List of Former County and City Officials.) 41. MISREPRESENTATIONS: If during the course of the administration of this lease, the COUNTY or CITY determines that the TENANT has made a material misstatement or misrepresentation or that materially inaccurate information has been provided to the COUNTY or CITY, this lease may be immediately terminated. If this lease is terminated according to this provision, the COUNTY and CITY is entitled to pursue any available legal remedies. 42. DISCLOSURE: All information received by the COUNTY or CITY from any source concerning this Lease, including the Lease itself, may be treated by the COUNTY or CITY as public information subject to disclosure under the provisions of the Califomia Public Records Act, Government Code section 6250, et seq. (the "Public Records Act"). TENANT understands that although all materials received by the COUNTY or CITY in connection with this contract are intended for the exclusive use of the COUNTY or CITY, they are potentially subject to'disclosure under the provisions of the Public Records Act. In the event a request for disclosure of any part or all of any information which a TENANT has reasonably requested COUNTY and/or CITY to hold in confidence is made to the COUNTY and/or CITY, the COUNTY and/or CITY shall notify the TENANT of the request and shall thereafter disclose the requested information unless the TENANT, within five (5) days of receiving notice of the disclosure request, requests nondisclosure, provides the COUNTY or CITY a legally sound basis for the nondisclosure, and agrees to indemnify, defend, and hold the COUNTY and CITY harmless in any/all actions bP6Ught to require disclosure. TENANT waives any and all claims for damages, lost profits, or other injuries of any and all kinds in the event COUNTY or CITY fails to notify TENANT of any such disclosure request and/or releases any information concerning the contract received from the TENANT or any other source. 43. DEFAULT AND RIGHT TO TERMINATE: a. Definitions. A "Default" by TENANT shall refer to any failure by TENANT to observe, comply with or perform any of the terms, covenants, conditions or rules applicable to TENANT under this Lease. The term "Breach" shall refer to the occurrence of anyone or more of the following Defaults, and, where a grace period for cure after notice is specified herein, the failure of TENANT to cure such Default prior to the expiration of the applicable grace period: 13 (i) TENANT's unexcused failure to conduct TENANT's business at the Premises in accordance with the terms of this Lease including but not limited to the failure to comply with the limitations of use of the Premises. (ii) Vacating the Premises without the evident intention to reoccupy same, an abandonment of the Premises, or notice of intent to abandon Premises expressed in written notice. (iii) TENANT's failure to make any payment of rent, or any other monetary payment required to be made by TENANT hereunder as and when due, the failure of TENANT to provide COUNTY and CITY with reasonable evidence of insurance or surety bond required under this Lease, or TENANT's failure to fulfill any obligation under this Lease which endangers or threatens life or property, where such failure continues for a period of three (3) days, or such reasonable time as agreed by COUNTY and CITY, following written notice thereof by or on behalf of COUNTY and CITY to TENANT. (iv) The failure by TENANT to provide COUNTY and CITY with reasonable written evidence (in duly executed original form, if applicable) of any documentation or information which COUNTY and CITY may reasonably require of TENANT under the terms of this Lease, where any such failure continues for a period of ten (10) days following written notice by or on behalf of COUNTY or CITY to TENANT. (v) A Default by TENANT as to any of the other terms, covenants, conditions or provisions of this Lease that are to be observed, complied with or performed by TENANT where such Default continues for a period of thirty (30) days after written notice thereof by or on behalf of COUNTY or CITY to TENANT; provided, however, that if the nature of TENANT's Default is such that more than thirty (30) days are reasonably required for its cure, then it shall not be deemed to be a Breach of this Lease by TENANT if TENANT commences such cure within said thirty (30) day period and thereafter continuously and diligently prosecutes such cure to completion. (vi) A Default by TENANT as to the terms of any Approved Encumbrance, where such Default continues for a period of thirty (30) days after written notice thereof by or on behalf of COUNTY or CITY. (vii) The occurrence of any of the following events: (a) the making by TENANT of an assignment for the benefit of creditors; (b)TENANT's becoming a "debtor" as defined in 11 U.S. Code Section 101 or any successor statute thereto (unless, in the case of a petition filed against TENANT, the same is dismissed within sixty (60) days); (c) the appointment of a trustee or receiver to take possession of substantially all of TENANT's assets located at the Premises or of TENANT's interest in this Lease, where possession is not restored to TENANT within thirty (30) days; or (d) the attachment, execution or other judicial s~izure of substantial!y all of TENANT'S assets located at the Premises or of TENANT's interest in this Lease, where such seizure is not discharged within thirty (30) days. 14 (viii) The discovery by COUNTY or CITY that any financial statement of TENANT or of any guarantor, given to COUNTY or CITY by TENANT or any guarantor, was materially false. (ix) If the performance of TENANT's obligations under this Lease is guaranteed: (a) the death of a Guarantor, (b) the termination of a Guarantor's liability with respect to this Lease other than in accordance with the terms of such guaranty, (c) a Guarantor's becoming insolvent or the subject of a bankruptcy filing, or (d) a Guarantor's refusal to honor the guaranty, and TENANT'S failure, within sixty (60) days following written notice by or on behalf of COUNTY or CITY to TENANT of any such event, to provide COUNTY or CITY with written alternative assurances of security, which, when coupled with the then existing resources of TENANT, equals or exceeds the combined financial resources of TENANT and the Guarantors that existed at the time of execution of this Lease. b. Remedies. 1. Other than when a different time or remedy is specifically provided, such as for the payment of rent, if TENANT fails to perform any affirmative duty or obligation of TENANT under this Lease within ten (10) days after written notice to TENANT (or in case of an emergency, without notice), COUNTY or CITY may at its option (but without obligation to do so), perform such duty or obligation on TENANT's behalf, including, but not limited to, the obtaining of reasonably required, insurance policies, or governmental licenses, permits or approvals. The costs and expenses of any such performance by COUNTY or CITY shall be due and payable by TENANT to COUNTY or CITY within ten (10) days of COUNTY's or CITY's demand. 2. In the event of a Breach of this Lease by TENANT (as defined above), with or without further notice or demand, and without limjting COUNTY or CITY in the exercise of any right or remedy which COUNTY or CITY may have by reason of such Breach, COUNTY or CITY may: (a) Terminate TENANT's right to possession of the Premises by any lawful means, in which case this Lease and the term hereof shall terminate and TENANT shall immediately surrender possession of the Premises to COUNTY and CITY. In such event COUNTY and CITY shall be entitled to recover from TENANT: (i) the worth at the time of the award of the unpaid rent which had been earned at the time of termination; (ii) the worth a( the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that the TENANT proves could have been reasonably avoided; (iii) the worth at the time of award of the amount by which the unpaid rent for the balance of the Term after the time of award exceeds the amount of such rental loss that the TENANT proves could be reasonably avoided; and (iv) any other amount necessary to compensate COUNTY and CITY for all the detriment proximately caused by the TENANT's failure to perform its obligations under this Lease 1S or which in the ordinary course of things would be likely to result therefrom, including, but not limited to, the cost of recovering possession of the Premises, expenses of reletting, including necessary renovation and alteration of the Premises, and that portion of any leasing commission paid by COUNTY and CITY in connection with this Lease and applicable to the unexpired term of this Lease. The worth at the time of award of the amount referred to in provision (Hi) of the immediately preceding sentence shall be computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco or the Federal Reserve Bank District in which the Premises are located at the time of award plus one percent (1%). COUNTY's and CITY's attempt to mitigate damages caused by TENANT's Default or Breach of this Lease shall not waive COUNTY's and CITY's right to recover damages under this Paragraph. If termination of this Lease is obtained through the provisional remedy of unlawful detainer, COUNTY and CITY shall have the right to recover in such proceeding the unpaid rent and damages as are recoverable therein, or COUNTY and CITY may reserve the right to recover all or any part thereof in a separate suit for such rent and/or damages. (b) Continue the Lease and TENANT's right to possession in effect under California Civil Code Section 1951.4 after TENANT's Breach and recover the rent as it becomes due, provided TENANT has the right to sublet or assign, subject only to reasonable limitations. COUNTY and CITY and TENANT agree that the limitations on assignment and subletting in this Lease are reasonable. COUNTY's and CITY's maintenance of the Premises or efforts to relet the Premises, or the appointment of a receiver to protect the COUNTY's and CITY's interest under this Lease, shall not constitute a termination of the TENANT'S right to possession. (c) Pursue any other remedy now or hereafter available to COUNTY and CITY under the laws or judicial decisions of the State of California. 3. If, at any time TENANT is in default in monthly rent or fees or any other provision for forty-five (45) days, or if TENANT defaults on any provision(s) three (3) times within any twelve (12) consecutive months, COUNTY or CITY may terminate this Lease on ten (10) days notice. c. Survival of Indemnity Provisions. The expiration or termination of this Lease and/or the termination of TENANT's right to possession shall not relieve TENANT from liability under any indemnity provisions of this Lease as to matters occurring or accruing during the Term or by reason of TENANT's occupancy of the Premises. .., d. Tenant's Personal Property. Immediately upon termination of this Lease, TENANT covenants and agrees to remove all of TENANT's personal property, machinery or fixtures from the Premises. If TENANT fails to remove any such personal property, COUNTY or CITY may remove such.. personal property aQd place the same in storage at the expense of TENANT and without liability to COUNTY or CITY for losses. TENANT agrees to pay COUNTY or CITY for all expenses incurred by COUNTY or CITY 16 in connection with the removal, and storage charges of TENANT's personal property, including attorney's fees and court costs. Alternatively, COUNTY or CITY may at its option and on not less than ten (10) days written notice to TENANT sell all or any part of said personal property at public or private sale for such prices as COUNTY or CITY may obtain. COUNTY or CITY shall apply the proceeds of any such sale to the amounts due from TENANT under this Lease and to any expense incidental to such sale. Any surplus arising from such sale shall be refunded to TENANT. e. No Waiver by COUNTY or CITY. COUNTY's or CITY's receipt of any rent or of any other sum of money paid by TENANT after the termination and forfeiture of this Lease, or after the giving by COUNTY or CITY of any notice to effect such termination, shall not waive the Default, reinstate, continue or extend the Term of this Lease, or destroy or impair the efficacy of COUNTY's or CITY's notice of termination, unless otherwise agreed in writing by COUNTY or CITY. COUNTY's and CITY's acceptance of the keys to the Premises or any other act of the COUNTY or CITY or its agents or employees during the Term of this Lease shall not be deemed to be an acceptance or a surrender of the Premises, unless otherwise agreed in writing by COUNTY and CITY. 44. 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 its fair meaning, and not for or against either party hereto. 45. ENTIRE AGREEMENT: This agreement, including recitals, constitutes a single, integrated contract, expressing the entire agreement and understanding of the parties concerning the subject matter of this agreement, and this agreement supersedes and replaces all prior understandings, negotiations, proposed agreements and agreements, whether oral or written, express or implied. 46. AUTHORIZED SIGNATORS: The parties to this lease represent that the signators executing this lease are fully authorized to enter into this agree~nt. END OF LEASE TERMS. " 17 COUNTY OF SAN BERNARDINO Paul Biane, Chairman Board of Supervisors Date: CITY OF SAN BERNARDINO Lori Sassoon, Acting City Manager Date: SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD DENA SMITH, Clerk of the Board of Supervisors By: Deputy Date: THE HIGH DESERT PARTNERSHIP IN ACADEMIC EXCELLENCE FOUNDATION, INC. By: Rick Piercy Date: Approved as to form: JAMES F. PENMAN, City Attorney f~::I;-~'-. 2~ L,n'l- Approved as to Legal Form: RUTH E. STRINGER, County Counsel San Bernardino County, California . . // By: By: Deputy Date: 18 [rHIS PAGE INTENTIONALLY LEFT BLANK] 19 // EXHIBIT "A" Premises Description // 20 '"' , '" 00 ~ '" o c ~ o c ~ =:i: ;< "'~ -0 o~ ~ ~~'" := 00 ~-~ o c -a ~ o c ~ Q) CDC'-j c--"'" Or-- V1 CD o .<=:::::ii u c Cl 0:: c a.. ~11E~ -. 00 - . ~= - . p . - I - " " _c "0 'em ;c'y' c - , n .... ~ = r- , HHHH- 0(, ,...-,\ =, ~ ~ ~ :: ':' :.. EXHIBIT "An PREMISES DESCRIPTION = ~ , " c - @ ~ ^ ~ > ;i'I' H ..~ -" 'r '/; r"" - - 'N-J-7_ - ". , " \.~; 7?;; - '" '0 ;;< - - - ~1-H-i.-H-1'f-,l, --;; .,0' '"' 00 " C .~'-;\ ~ '. @ ~ - , " " --;. " ~i ..,. ::! i~r;! ". 0\: , "' ;,0; ,.~' ~ " " ,,"1 I";::'"' ~ ~:cn, " , ii, ~ :~ =1 ~'I ~ ~ ~ ~, - ~ - ~ - - " , l~' ~.~-H+is- - - -- c i_, :: '" 00' 00 ";Ll)~ a:Lf1:: ", IG' , 'II( 11";0(. -+71 &J ~ , ~i ~ -" ':-;'1 " ,~, y<::) -' (~I ~ '~ ;:~~:: ,; ~~~~ ~ c "'~ _ 0 ~ ~ 0..,"0 00 C :s:c..:c ....0 ~ -... co c: oN ~ ~'" m ~ 00 ~~ ~ 0 c ~ 0 0 <<D'" ... o ~ '" N~ ----... ~ Z .'" c_ ~- = ~ ~ ~~ 0= ~ ~ - _ 0 ~ ~ o :;: . c . . -': ~ I5cak~ Dr rn ~ .. , '!! E Cen~i:a.[Av~ rn ,.. 5 n o ,- >- < ~ rn ~: ~! >: < ~ ..-! Ennis":!! Rd rn ~007 Googl. EXHIBIT "A" PREMISES DESCRIPTION (J)' :e' ~, 3 ~ " ,.. < ~ (J) :e = ii 3 .. ~ ,.. < ~ (J), :e .. ii 3 ~ ,.. <. " ;._Normsn ~.- E Orang. Show Rd Hol~Dr _ .._ --- ISrakeor rn ." o ~ sa: - e. Central Av-e-- rn ." , ~ !II ,., -_.. .--..... _. E ~ >-, < " E--~a~t~):_e-Sl ;.~~rman _~~ <D ~ E" < <: E" ~ ,. < . "E CenLrai"J:;ven -~"--- '" <: !!. ;; < S; " ~ ,. < " cr.~_.. 2 '0 c. ,. < . ~_!~~~ ft} - ~ E ctiijira // ~ .F He m 3 o i ___gQr:~nge S_hO~ Rd_ Mop dote ~OO7 ~ EXHIBIT "B" PREMISES SPECIFICATIONS // 21 EXHIBIT "B" '" "" == "0 .- '" "0 _ == ~ '" > .cO == S?~ =0,) "'.c 'x 0 LU _ PREMISES SPECIFICATIONS '" '" '" i5: N M '" '" '" '" '" '" .<::: .<::: Cl... Cl... ..11 r i ________:..t!!...~~~_. 'ill ~ I , I ... \ lINn \ .~'\~;;.o 10 I I I. o. I . I . o I / o. - " " ~ ~, ~ L I ~ .O-,t"h lSASSIQ,;j r ~< b I o co' C3 ~ \I ! <~;.... <./)0 i~ w II- c:o I~ t15 .0 'a: I", : <( o i~ '", u <( 155 z '0 . >- . a: 10 Iz I :c: u a: <( '" <./) '" a: -' <( z o i= <( u :::::> o '" a: o u... il ~ I z ~ ~" . ~ .~ :;:h '" ~ -' , . . ;; ~ ! . . ~~i~ ~~i hh EXHIBIT "B" PREMISES SPECIFICATIONS E~ 1lIt.- lmlr~ ~~ l~I~::; ~~ " z " ~'- 1iJ HI > = ~e: ..... ~Ci5 on !" ~ ~ o ~ ~ << .. << ~ on z := I!i z " ~ el '" ~ << i!1 =< ~ ~ o ~ I'" Ii ~ I ~ I I H ~ .- ~ nf~ ~ ;,,, I:l . e' l~ C ~ '" /:; EXHIBIT "C" LIST OF FORMER COUNTY OFFICIALS INSTRUCTIONS: List the full name of the former COUNTY Administrative Official, the title/description of the Official's last position with the COUNTY, the date the Official terminated COUNTY employment, the Official's current employment and/or representative capacity with the TENANT, the date the Official entered TENANT's employment and/or representation. OFFICIAL'S NAME: REQUIRED INFORMATION , // 22 EXHIBIT "0" HEAD START FACILITY SPECIFICATIONS CT = Ceramic Tile C = Carpet VT = Vinyl Flooring P = Paint Room No. Open office/Reception Floor CT Walls P Comments . Six duplex . One ceiling fan . 9' high ceiling with AP-2 acoustical panels . Panic bars on entrance doors to lock after exit, keyed dead bolt on outside, panic bars with key operated mechanism for open and closed positions . County to provide lobby seating P . 9' high ceiling with AP-2 acoustical panels . Three phones, one below counter . 36" wide, 45" high reception counter MeetinglTraining Room C P Two Adult Restrooms CT CT P . 9' high ceiling with AP-2 acoustical panels . Nine duplex . Four phones, (1 at 42") . Lockable doors to exterior with panic hardware // . Two light switches with dimmers, each controlling one half of the room · One white dry erase board, 4' x 8' with tray · Panic bars on entrance/exit door to lock after exit, keyed dead bolt on 'outside, panic bars with key operated mechanism for open and closed positions · Lockable door to room . One toilet . One sink · Sanitary napkin dispenser 23 Kitchen Storage Play Equipment Storage Freezer Storage Area Teacher Lounge Kitchen 10 Classrooms VT VT VT VT CT VT C P P P P P P . One duplex above sink with ground fault interrupter . Lockable doors . One duplex . Locking metal door to exterior, panic hardware . One duplex . Locking double doors to outside . g' high smooth finish painted ceiling . Three duplex . 1-4 wire, single phase system with 220/240 V for freezer compressor & 110/115 V for door heater & freezer door light. A dedicated circuit with a disconnect box · Two duplex with dedicated 20 amp circuit for industripl refrigerator . g' high smooth finish painted ceiling · Four duplex, one dedicated 20 amp circuit for refrigerator with ice maker . One phone at 42" . Lockable door to exterior with panic hardware · g' high smooth finish painted gypsum ceiling . One exhaust fan // · One stainless steel three tub sink, one sink with garbage disposal · One stainless steel hand wash sink · Two-220 V outlets for ovens · One duplex on three dedicated circuits, including one duplex above triple sink · "18' counter and cabinet with rounded corners, 36" high cabinet · g' high ceilings with AP-2 acoustical panels ". Seven duplex . One phone at 42" . One ceiling fan 24 Teacher Work Room Children's Restroom Communications Room Two Supervisor Offices Isolation Room C CT VT C VT P CT P P P . One sink with drinking fountain, counter with cabinet . Counter to be 22" from floor. Adjustable shelves. . Lockable door with panic hardware on exit door(s) to playground . Six duplex . Three phone . Lockable doors . 14 children size toilets, max. height 11 " . Two children's size urinal, max. height 11" . 16 children's size sinks, 22" height . Toilet paper dispensers mounted 14" above floor . Mirrors, shatterproof glass, mounted over sinks, 229.5" bottom edge to floor . Privacy panels, sized for children . Three duplex, one located 18" below ceiling above door on dedicated 20 amp circuit . Two 4-plex, each on dedicated 20 amp circuit . One phone at 42" . Telephone Compaay Entrance Cable · 0/." plywood painted with two coats of fire-retardant white paint. Plywood shall be 4' by 8' high, mounted vertical starting at floor level . Lockable door . 9'. high ceilings with AP-1 acoustical panels . Four duplex . Two phones · Lockable door 2S . Storage VT P . One duplex . Shelving Hallway VT P . Duplex (per code) Custodial Room VT P . Service/mop sink, Fiat #MSB 3624 or equivalent . One exhaust fan . One duplex with GFI . Shelving Adult Restroom CT CT . One toilet (handicap) . One sink (handicap) . One sanitary napkin dispenser . One duplex above sink with GFI' . Lockable door . One wall-mounted diaper changing table . See General Specifications for complete restroom requirements // 26 - ~ .. ,. = .. '" '" -:Q . .- -rLl- <-" "'QrIJ '" Q . z~~ 000: - - '" .... '" ... ~~< u-- o~l:: ~:::= :;; .~ '"' - '" ,. .~, - , , S Lllooa S .... '0 ,CD ..., :> l/'l ..... ,'" .' ~~ -- 011S ..... V> " .-~' 0' ;0, ,~ , ' ,0 N "'%~ .- 0 ~ AV 009 00 0:,;:: '- ~ Q 3al5'~KnS ~ ^y ~ --.--- Q; 4- 0 w ~ l- S -:a 0 U~U V> ~ 0 z ~- - w 0 '. o w ;:, 00 00 u.J '$.\ w w ,~ ~ '" '" ~ 0 woo w '" OOOT - - - - ~a ~39N3^31:J S 1-. V> o CL_ <0 . o I- Z uJ u.. l- V> uJ z, ~, c< o z, ::- ~ 0 0 ~ - S~ 0:: I- :z UJ ^'V UJ M31^ '" '" ~ "" ~ ~ ..., ~ ~ ^'V a~033J9 <( I- Z ;7;, 009 ^'V M31^ A311'V^ 006 - - A311'V^ uJ , 8:... S AM SNlllO~ o 0:: ~ o :I: OOZT ~ J.3HW :z: <( V> '" o '" uJ uJ '" '" do, ,. . ~!-- '-"~'" . . , . r.L.~~_:.~~~ : .... ^~ :z: uJo< UJ 5'0 o :I: '" ~ ~ '" '" l- V') :z: u.J S UJa:~o::: 5oet:o uJO 0 :I: S WATERMAN AvoOL FOISY:... ST >-. ... ~~.., ~~~ 009 " UJ :z: (!) :~o :z 0<0< ~. 0 6! z 0 OOZT u.J l- V'>' S -. -' ~ ~ 009 0< o '" '" M :2::8 M ^'V N10:JNIl ---uJ S "" 3015)lOO~a ,~ $- _wo UJ ^'V N10:JNIl RR S~ S -- ~- N311'V S v>, N' S / J.S - W~I uJ ___.__....L- NOJ.9NIHS'VI'I S BNSF s LUGO. t>.~ .^V. . -0 '" S SIER WY " . ~ E <. o. ~() .. ;e " z >> ~ c . a: .. Q Q o ::- ~ <( N tn- " ~ - I ~~ .....1- . l,I)(/) .. ~ - ~U'lr ~ q ....J ...... % . ,'. ~.LNnowi .:. - ^V,..' <.c . 3:..... I :.. - - -,: ,',,:;1 ~ S :3- to\31^ NIVJ.NOOH S ...::I ~"--~------_._-; ~ AM V> ~~3IS S, ~ ---> -- - - - - - - I- II I- z: :...~e: ~ ~",i!S.....'-' 0 ~ ~t;; ~ ~ ~ :I: VI UJ (!) :z ~ OaT :3 t;; u.J o<':=- ~<( -' - z' ...J. FAS ~ New Vendor Code Deol. Contract Number I- Change SC A Cancel County Department Depl. Orgn. TENANT's License No. Real Estate Services Department County Department Contract Representative Telephone Total Contract Amount David H. Slauahter, Director 387-7813 Contract Type - FOR COUNTY USE ONL Y County of San Bernardino CONTRACT TRANSMITTAL; Revenue 0 Encumbered 0 Unencumbered 0 Other" I' I If not encumbered or revenue contract type, provide reason: I Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount Fund Depl. Organization Appr. ObjlRev Source GRC/PROJ/JOB No. Amount AM RNT RNT 200 2905 Fund Depl. Organization Appr. ObjlRev Source GRC/PROJ/JOB No. Amount . Fund Depl. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount , , Project Name Estimated Payment Total by Fiscal Year FY Amount I/O FY Amount I/O .- - - - Contract type 2(d) - - TENANT Federal 10 No. or Social Security No. TENANT's Representative Address Phone Nature of Contract: // This Lease is for a period of Twenty (20) years. Leased premises consist of 14.2 acres of former Mill Street School in San Bernardino, excluding County Head Start facilities, and City swimming pool. Rental is $1.00 per year. (Atuch this transmitul to all contracts not prepared on the HSdndard Contract" form.) Reviewed as to Contract Compliance Presented to BOS for Signature Approved as to Legal Form (sign in blue ink) ~ SEE SIGNATURE PAGE County Counsel ~ ~ Department Head Date Date Date, Auditor/Controller-Recorder Use Onlv ! 0 Contract Database 0 FAS Input Date Keyed By CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Lori Sassoon, Assistant City Manager Subject: Resolution of the Mayor and Common Council of the City of San Bernardino approving the Lease Agreement by and between the City of San Bernardino, the County of San Bernardino and the High Desert Partnership in Academic Excellence Foundation, ]nc, for property located at 503 East Central Avenue, San Bernardino, CA, Dept: City Manager's Office Date: September 4, 2008 Meeting date: September 15,2008 Synopsis of Previous Council Action: . September 2, 2008 - Resolution 2008-340 ratifYing the City Manager's execution of Amendment No, 1 to the License and Indemnification Agreement . July 7,2008 - Resolution 2008-279 authorizing the execution of a License and Indemnification Agreement by and between the City, the County of San Bernardino, and the High Desert Partnership in Academic Excellence for property located at 503 East Central A venue, . February 4, 2008 - Council received a presentation about the proposed Norton Space and Aeronautics Academy, . April 21, 2008 - Council approved a fee waiver/reimbursement for Norton Space & Aeronautics Academy for the establishment of a charter school at the Mill Center, located at 503 E, Central Avenue Recommended motion: Adopt resolution. . ~-j/ "'___/ '-~r- k~/ "- -~ (". . . -J-- ::0 Signature ( Contact person: Lori Sassoon Phone: 384-5122 Supporting data attached: Staff Report, Resolution Agreement Ward: 1 FUNDING REQUIREMENTS: Amount: none Source: IAcct No.) (Acct Description) Finance: Council Notes: f~ / -pi /1. q /;r;f / / I Agenda Item No. 3(, It)~/{); CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Subiect: Resolution of the Mayor and Common Council of the City of San Bernardino approving the Lease Agreement by and between the City of San Bernardino, the County of San Bernardino and the High Desert Partnership in Academic Excellence Foundation, Inc, for property located at 503 East Central Avenue, San Bernardino, CA. Backe:round: The City, County of San Bernardino, and the Norton Space and Aeronautics Academy (NSAA) entered into a License and Indemnification Agreement on July 7, 2008, permitting the NSAA to make the needed improvements to the former Mill Community Center, which is west of the former Norton Air Force Base. In order to allow NSAA to commence school operations on August 25, 2008, the parties signed Amendment No. I to the License and Indemnification Agreement. The License and Indemnification Agreement expires on September 16, 2008 and currently serves as an interim agreement until a long-term lease agreement between the City, County of San Bernardino and the NSAA is approved by Council. A twenty-year Lease Agreement has been jointly drafted by the City Attorney's Office and County Counsel and has been signed by NSAA. It is scheduled to be approved by the County Board of Supervisors on September 9, 2008. The term of the Lease Agreement is from June I, 2008 to May 31,2028. Annual rent paid to the City and County by the NSAA for the 14.2 acres, including buildings, and other improvements will be $1. The NSAA, at their sole cost, will maintain the location covered in the lease, including all buildings, grounds, and other property improvements. The NSAA will not make any structural or exterior improvement without the prior consent of the City and County and will do so at their own cost. Furthermore, a list of mandatory improvements and modifications, including the construction of a Head Start Facility, shall be made by the NSAA at their own cost. Upon the termination of the Lease Agreement, the location shall be returned to the City and County in good condition and all modular classroom structures will be removed. The NSAA is run by the same consortium that created the Lewis Center for Education Research, a school facility in Apple Valley supported by Congressman Jerry Lewis. The NSAA opened on Monday, August 25, and began with 183 students. Up to 300 students will be accepted the first year and the NSAA will add a grade level each year until the school is K-12. Fiscal Impact: None Recommendation: Adopt resolution. 10. Continued. No Action Taken MOTION: That said resolution be adopted. Approved MOTION: That the matter be tabled. XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX 11. Resolution of the Mayor and Common Council of the City of San Bernardino approving the lease agreement by and between the City of San Bernardino, the County of San Bernardino, and the High Desert Partnership in Academic Excellence Foundation, Inc., for property located at 503 East Central A venue, San Bernardino, CA. (See Attached) (No Cost to the City) (Resolution not available at time of printing,) Ward 1 No Action Taken MOTION: That said resolution be adopted. Approved MOTION: That the matter be continued to October 6,2008. XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX 12. Item deleted. LAID OVER FROM SEPTEMBER 2, 2008 13. Ordinance of the City of San Bernardino amending Chapter 2.19 of Title 2 of the San Bernardino Municipal Code establishing a Youth Advisory Commission. FINAL READING (No Cost to the City) (Backup material distributed on August 18, 2008, Item No. 38; item continued to September 2, 2008, Item No. 33.) All Wards Approved MOTION: That said ordinance be adopted. Adopted MC-1284 14. Code Enforcement Resolution of the City of San Bernardino authorizing execution of a first amendment to services agreement with Los Padrinos, Youth Services, Inc., extending the agreement for ninety (90) days. (See Attached) (Cost to the City. $147,000 from the General Fund) All Wards Approved MOTION: That said resolution be adopted. Adopted 2008-364 10 09/1512008 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Dept: City Manager's Office Subject: Resolution of the Mayor and Common Council of the City of San Bernardino approving the Lease Agreement by and between the City of San Bernardino, the County of San Bernardino and the High Desert Partnership in Academic Excellence Foundation, Inc, for property located at 503 East Central A venue, San Bernardino, CA. From: Lori Sassoon, Assistant City Manager Date: September 4, 2008 Meeting date: September IS, 2008 Synopsis of Previous Council Action: . September 2,2008 - Resolution 2008-340 ratifying the City Manager's execution of Amendment No. I to the License and Indemnification Agreement. . July 7, 2008 - Resolution 2008-279 authorizing the execution of a License and Indemnification Agreement by and between the City, the County of San Bernardino, and the High Desert Partnership in Academic Excellence for property located at 503 East Central A venue. . February 4, 2008 - Council received a presentation about the proposed Norton Space and Aeronautics Academy. . April 21, 2008 - Council approved a fee waiver/reimbursement for Norton Space & Aeronautics Academy for the establishment of a charter school at the Mill Center, located at 503 E. Central A venue Recommended motion: Adopt resolution. J~vJ A:.~~~~ ~ Signature {; Contact person: Lori Sassoon Phone: 384-5122 Supporting data attached: Staff Report, Resolution Agreement Ward: I FUNDING REQUIREMENTS: Amount: none Source: (Aeel. No.) (Aeel. Description) Finance: Council Notes: Agenda Item No. 1J 'I'lf ,()9 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Subiect: Resolution of the Mayor and Common Council of the City of San Bernardino approving the Lease Agreement by and between the City of San Bernardino, the County of San Bernardino and the High Desert Partnership in Academic Excellence Foundation, Inc, for property located at 503 East Central Avenue, San Bernardino, CA. Backl!:round: The City, County of San Bernardino, and the Norton Space and Aeronautics Academy (NSAA) entered into a License and Indemnification Agreement on July 7, 2008, permitting the NSAA to make the needed improvements to the former Mill Community Center, which is west of the former Norton Air Force Base. In order to allow NSAA to commence school operations on August 25, 2008, the parties signed Amendment No. 1 to the License and Indemnification Agreement. The License and Indemnification Agreement expires on September 16, 2008 and currently serves as an interim agreement until a long-term lease agreement between the City, County of San Bernardino and the NSAA is approved by Council. A twenty-year Lease Agreement has been jointly drafted by the City Attorney's Office and County Counsel and has been signed by NSAA. It is scheduled to be approved by the County Board of Supervisors on September 9, 2008. The term of the Lease Agreement is from June 1, 2008 to May 31,2028. Annual rent paid to the City and County by the NSAA for the 14.2 acres, including buildings, and other improvements will be $1. The NSAA, at their sole cost, will maintain the location covered in the lease, including all buildings, grounds, and other property improvements. The NSAA will not make any structural or exterior improvement without the prior consent of the City and County and will do so at their own cost. Furthermore, a list of mandatory improvements and modifications, including the construction of a Head Start Facility, shall be made by the NSAA at their own cost. Upon the termination of the Lease Agreement, the location shall be returned to the City and County in good condition and all modular classroom structures will be removed. The NSAA is run by the same consortium that created the Lewis Center for Education Research, a school facility in Apple Valley supported by Congressman Jerry Lewis. The NSAA opened on Monday, August 25, and began with 183 students. Up to 300 students will be accepted the first year and the NSAA will add a grade level each year until the school is K-12. Fiscal Impact: None Recommendation: Adopt resolution. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE LEASE AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO, THE COUNTY OF SAN BERNARDINO, AND THE HIGH DESERT PARTNERSHIP IN ACADEMIC EXCELLENCE FOUNDATION, INC., FOR PROPERTY LOCATED AT 503 EAST CENTRAL AVENUE, SAN BERNARDINO, CA. 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 and directed to execute on behalf of the City, a Lease Agreement by and between the City of San Bernardino, the County of San Bernardino and the High Desert Partnership in Academic Excellence Foundation, Inc. which does business as the Norton Space and Aeronautics Academy, relating to certain real property at 503 East Central Avenue, San Bernardino, CA. A copy of the Lease Agreement is attached as Exhibit "A" and incorporated herein by reference. SECTION 2. That the implementation date of the Lease Agreement is June I, 2008; therefore, any action taken between June I, 2008 and the date that this Resolution is adopted is hereby ratified. SECTION 3. Authorization granted hereunder shall expire and be void and of no further effect if the agreement is not executed by all parties and returned to the Office of the City Clerk within sixty 90 days following the effective date of the resolution. III III III III III III ~\\ < U{, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE LEASE AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO, THE COUNTY OF SAN BERNARDINO, AND THE HIGH DESERT PARTNERSHIP IN ACADEMIC EXCELLENCE FOUNDATION, INC., FOR PROPERTY LOCATED AT 503 EAST CENTRAL AVENUE, SAN BERNARDINO, CA. 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 , 2008, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA BAXTER BRINKER DERRY KELLEY JOHNSON MCCAMMACK City Clerk day of The foregoing resolution is hereby approved this 2008. Patrick J. Morris, Mayor City of San Bernardino Approved as to Form: JAMES F. PENMAN, City Attorney By: E x,^b,\ flli:' COUNTY OF SAN BERNARDINO LEASE AGREEMENT TENANT: THE HIGH DESERT PARTNERSHIP IN ACADEMIC EXCELLENCE FOUNDATION, INC. 17500 Mana Road Apple Valley, CA 92307 COUNTY: COUNTY OF SAN BERNARDINO Real Estate Services Department 825 East Third Street San Bernardino, CA 92415.0832 CITY: CITY OF SAN BERNARDINO 300 North "D" Street San Bernardino, CA 92307 PREMISES: 503 East Central Avenue San Bernardino, California TERM OF LEASE: Twenty (20) years COMMENCEMENT DATE OF LEASE: June 1, 2008 ANNUAL REVENUE: $1.00 COUNTY CONTRACT NUMBER: DOCUMENT NUMBER AND REVISION DATE: No. 2109626 8/25/08 DATE TYPED: August 25, 2008 TABLE OF CONTENTS PARAGRAPH CAPTION PAGE 1 PARTIES 1 2 PREMISES LEASED 1 3 TERM 1 4 CONSIDERATION 1 5 RETURN OF PREMISES 2 6 TAXES 2 7 USE 2 8 HEALTH, SAFETY & FIRE CODE REQUIREMENTS 2 9 SIGNS 2 10 MAINTENANCE 3 11 ALTERATIONS AND TENANT IMPROVEMENTS 4 12 FIXTURES 5 13 UTILITIES 5 14 HOLD HARMLESS 5 15 INSURANCE 5 16 DESTRUCTION OF PREMISES 7 17 COUNTY'S ACCESS TO PREMISES 7 18 NOTICES 8 19 INCORPORATION OF PRIOR AGREEMENT 8 20 WAIVERS 9 21 AMENDMENTS 9 22 SUCCESSORS 9 23 SEVERABILITY 9 24 TIME OF ESSENCE 9 25 QUIET ENJOYMENT 9 26 PROVISIONS ARE COVENANTS & CONDITIONS 9 27 CONSENT 9 28 EXHIBITS 9 29 LAW 9 30 JURY TRIAL WAIVER 9 31 ATTORNEYS' FEES AND COSTS 10 32 VENUE 10 33 CAPTIONS, TABLE OF CONTENTS & COVER PAGE 10 34 SURVIVAL 10 35 BROKER'S COMMISSIONS 10 36 ESTOPPEL CERTI FICA TES 10 37 SECURITY DEPOSIT 11 38 ASSIGNMENT AND SUBLETTING 11 39 TERMINATION 12 40 FORMER COUNTY OFFICIALS 12 41 MISREPRESENTATIONS 13 42 DISCLOSURE 13 43 DEFAULT AND RIGHT TO TERMINATE 13 44 INTERPRETATIONS 17 45 ENTIRE AGREEMENT 17 46 AUTHORIZED SIGNATORS 17 SIGNATURES Exhibit "A" - Premises Description Exhibit "8" - Premises Specifications Exhibit "C" - List of Former County Officials Exhibit "0" - Head Start Facility Specifications LEASE AGREEMENT 1. PARTIES: This lease is made between COUNTY OF SAN BERNARDINO ("COUNTY") and CITY OF SAN BERNARDINO ("CITY") jointly and severally as landlord, and THE HIGH DESERT PARTNERSHIP IN ACADEMIC EXCELLENCE FOUNDATION, INC. ("TENANT") as tenant, who agree as follows: 2. PREMISES LEASED: COUNTY and CITY lease to TENANT and TENANT leases from COUNTY and CITY the 14.2 acres, that the TENANT will occupy upon build- out of the improvements described herein, including buildings, real property and other improvements, with parking spaces, including handicapped parking, at 503 East Central Avenue, San Bernardino, California ("Premises"), as rnore particularly described in Exhibit "A", Premises Description. The Prernises expressly excludes all portions of the property located at 503 East Central Avenue which will be solely occupied by the COUNTY and/or CITY, such as park and playfield areas. 3. TERM: This lease shall cornmence on June 1, 2008, and continue thereafter until May 31,2028 (''Terrn). In the event the Terrn cornmences prior to the date specified for the cornmencement of the Terrn as a result of COUNTY and CITY making the Premises available and TENANT's written acceptance of early possession of the Premises, the ending date of the Term shall rernain the same. The lease rnay be extended upon rnutual written agreernent of the parties. In the event a party intends not to pursue such an extension and allow the lease to expire after the initial Terrn, such party shall provide written notice of such deterrnination at least six (6) months prior to the expiration of the Terrn. 4. CONSIDERATION: TENANT in consideration for the lease: a. TENANT shall pay in advance to COUNTY, which shall adrninister the terrns of this Lease on behalf of both the COUNTY and CITY, the annual rental of ONE DOLLAR and NO/100 Dollars ($1.00) per year for the full twenty year term of this lease when the Term cornrnences. The rent required under this lease shall supersede all fees required under any prior license agreernents with respect to the Premises between the parties to this agreernent. b. The CITY shall retain the option to use the swimming pool facility and area, and may close and demolish same at any time in its sole discretion. c. It is understood and agreed that the CITY and COUNTY shall have the right to joint use of the Premises subject to the agreement of all parties. d. TENANT shall provide a guaranteed area for Head Start that meets the then-current federal specifications for such a facility, a copy of the specifications in effect at the time of this lease is set forth in Exhibit "0", Head Start Facility Specifications. TENANT shall acknowledge that the current location / configuration of Head Start facilities' meets said specifications. Concurrent with TENANT's construction of the 1 improvements described in Exhibit "8" hereto, TENANT shall, at its own cost, make the additional improvements to the Premises set forth in Exhibit "D" relating to construction of a new Head Start educational facility ("Head Start Facility"). TENANT further warrants and agrees that during the course of construction of the Head Start Facility, TENANT will provide classrooms in a like kind and number to those already in use on the Premises by the COUNTY's Head Start program, to accommodate the uninterrupted operation of Head Start classes during construction of the new Head Start Facility. 5. RETURN OF PREMISES: The TENANT agrees that it will, upon any termination of this lease, return the Premises in as good condition and repair as the Premises now are or shall hereafter be put; reasonable wear and tear excepted; and remove any and all modular classroom structures which TENANT may place on the Premises during TENANT's occupancy of the Premises. 6. TAXES: TENANT is currently a tax exempt entity and does not anticipate incurring any tax liability as a result of this agreement. However, if applicable, TENANT shall pay before delinquency any and all property taxes, assessments, fees, or charges, including possessory interest taxes, which may be levied or assessed upon any personal property, improvements or fixtures installed or belonging to TENANT and located within the Premises. TENANT shall also pay all license or permit fees necessary or required by law for the conduct of its operation. TENANT recognizes and understands that this lease may create a possessory interest subject to property taxation and that the TENANT may be subject to the payment of property taxes levied on such interest. 7. USE: This lease is limited to the purpose of a neighborhood educational facility to accommodate school grades kindergarten through high school, to provide a charter school educational facility on the portion of the Premises identified as the Premises which is the subject of this Lease, and as further described in Exhibit "A" hereto. TENANT shall not use the Premises for any other purpose. 8. HEALTH. SAFETY AND FIRE CODE REQUIREMENTS: As a condition precedent to the existence of this lease, TENANT at its sole expense will ensure the Premises meet the applicable requirements of the Health, Safety, Fire and Building Codes, including any requirements for a notice of completion, certificate of occupancy and the Americans with Disabilities Act ("ADA"). Should the continued occupancy of the leased Premises be in any way prejudiced or prevented due to changes in the ADA or the Health, Safety or Fire Codes, the TENANT herein shall correct, update and comply with said changes at TENANT's cost. 9. SIGNS: TENANT will display from the windows and/or marquee of the Premises only such sign or signs as are not prohibited by law, and which are approved by COUNTY and CITY. IIII IIII 2 10. MAINTENANCE: a, TENANT at its sole and separate cost shall maintain in good condition and within recognized industry standards all portions of the Premises used and/or occupied by the TENANT, including but not limited to the following: (1) The structural parts of the building and other improvements that are a part of the Premises, which structural parts include the foundations, bearing and exterior walls (including glass and doors), subflooring, and roof; (2) The electrical, plumbing, and sewage systems, including, without limitation, those portions of the systems lying outside the Premises; (3) Window frames, gutters, and downspouts on the building and other improvements that are a part of the Premises; (4) Air conditioner, heating and ventilating systems servicing the Premises (additionally, air conditioning and heating filters are to be changed quarterly); (5) The grounds, including all parking areas and outside lighting, grass, trees, shrubbery and other flora, and; (6) Interior maintenance and janitorial services. b, TENANT shall have no obligation or responsibility to maintain or otherwise repair any portion of the property located at 503 East Central Avenue that is solely used or occupied by the COUNTY and/or CITY. c. COUNTY and CITY at their cost shall repair the Premises if they are damaged by acts or omissions of COUNTY or CITY or their authorized representatives. d, TENANT shall have ten (10) days after notice from COUNTY or CITY to perform its obligation under this paragraph, except that TENANT shall perform its obligations immediately if the nature of the problem presents a material hazard or emergency. Provided, however, if the nature and/or extent of TENANT's obligation is such that more than ten (10) days are reasonably required to complete, then TENANT shall not be in default if TENANT commences its obligation within said ten (10) day period and thereafter diligently prosecutes its obligation to completion, If TENANT does not perform its obligations within the time limitations in this paragraph, COUNTY and/or CITY after notice to TENANT can perform the obligations and have the right to be reimbursed for the sum COUNTY or CITY actually and reasonably expends (including charges for COUNTY and/or CITY employees and equipment) in the performance of TENANT's obligations. 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 or demand is made, Such confirmation shall be made as provided in Paragraph 18, NOTICES. 3 11. ALTERATIONS, IMPROVEMENTS, AND ADDITION OF MODULAR CLASSROOM UNITS TO THE PREMISES: (a) TENANT shall not make any structural or exterior improvements or alterations, or add modular classroom units to the Premises without the prior consent of the COUNTY and CITY. (b) TENANT, at its cost, agrees to make the improvements to the Premises set forth in Exhibit "B", including the addition and installation of modular classroom units on the Premises Specifications ("Improvements"). Notwithstanding the provisions of Paragraph 4(d), when TENANT commences construction of facilities for its primary program students (grades Kindergarten through Second), it will relocate the COUNTY's head Start facilities to an alternate location at the same time. TENANT acknowledges and agrees that upon the termination of this Lease, TENANT shall, at its cost, remove any and all classroom modular units placed on the Premises during TENANT's occupancy of the Premises. (c) TENANT understands and agrees not to make any modifications to the improvement plans and specifications as set forth in Exhibit "B", Premises Specifications, without first obtaining approval in the form of an amendment to this lease. Any changes to these plans and specifications will be at the expense of the TENANT and not the COUNTY or CITY. (d) In the event TENANT contracts for the construction of any portion of the Improvements set forth in Exhibit "B", Premises Specifications, TENANT shall comply with the applicable portions of labor Code Section 1720.2 and 1770 et seq. regarding general prevailing wages. (e) TENANT, at its sole expense, must provide all site plans (including elevations of the building and details of the exterior finish), space design plans, construction plans, and a complete set of the bid drawings and specifications to the COUNTY and CITY. The bid drawings shall be on reproducible transparent vellum with the architect's/engineer's professional stamp and signature, and also provided to COUNTY and CITY on a compact disc-recordable (CD-R). The file format for the CD-R copy shall be compatible with MS-DOS and AutoCAD 2002 software (.dwg file extension). The specifications shall be submitted as a reproducible hardcopy and copied on a CD-R with formats compatible with MS-DOS and Microsoft Word. TENANT agrees and understands that it will construct on the Premises during the period immediately following execution of this Lease, those Improvements shown on the space design and site plans prepared by TENANT and approved by COUNTY and CITY. The Improvements shall be constructed in accordance with Paragraph 8, HEALTH, SAFETY AND FIRE CODE REQUIREMENTS, and Exhibits "B", Premises Specifications, and "D", Head Start Facility Specifications. 4 12. FIXTURES: TENANT shall have the right during the Term(s) of this lease to install shelving and fixtures, and make interior, non-structural improvements or alterations in the Premises. Such shelving, fixtures, improvements, and alterations shall remain the property of the TENANT and may be removed by the TENANT during the Term(s) of this lease or within a reasonable time thereafter, provided that the TENANT restores the Premises to the condition as it existed at the commencement of this lease, reasonable wear and tear excluded, or the TENANT in its sole discretion may elect to surrender all or any part of such shelving, fixture, improvements and alterations to the COUNTY and CITY, in which case TENANT shall have no duty to restore the Premises. Any such election to surrender must be in writing and accepted by COUNTY and CITY to be effective. 13. UTILITIES: TENANT shall furnish to the Prernises and pay all service and connection charges and related taxes for water, trash, sewer and all other utilities for the areas used and/or occupied by the TENANT. The TENANT shall furnish and pay for its own telephone service. TENANT shall have no obligation or responsibility to pay for any such utilities for any portion of the property located at 503 East Central Avenue that is solely used or occupied by the COUNTY and/or CITY. 14. HOLD HARMLESS: TENANT, COUNTY and CITY agree to indemnify, defend and hold harmless the other party or parties, and its respective officers, agents, volunteers and employees, from and against all liabilities (including without limitation all claims, losses, damages, penalties, fines, and judgments, associated investigation and administrative expenses, and defense costs, including but not limited to reasonable attorney's fees, court costs and costs of alternative dispute resolution) regardless of nature or type arising out of or resulting from the negligence or willful misconduct of the indemnifying party or its respective officers, employees or agents. To the extent that liability is caused by the active negligence or willful rnisconduct of an indemnified party, the indernnification obligation shall be reduced in proportion to the indemnified party's share of liability for its active negligence or willful rnisconduct, if any. 15. INSURANCE: a. COUNTY and CITY are public entities and are self-insured. b. Without in anyway affecting the indemnity herein provided and in addition thereto, TENANT shall secure and maintain throughout the lease the following types of insurance with limits as shown: (1) Workers' Compensation: A program of Workers' Compensation insurance or a state-approved Self-Insurance Program in an amount and form to rneet all applicable requirements of the Labor Code of the State of California, including Ernployer's Liability with Two Hundred Fifty Thousand and 00/100 Dollars ($250,000.00) limits, covering all persons providing services on behalf of the TENANT and all risks to such persons under this agreement. 5 If TENANT has no employees, it may certify or warrant to COUNTY and CITY that it does not currently have any employees or individuals who are defined as "employees" under the Labor Code and the requirement for Workers' Compensation coverage will be waived by the COUNTY's Risk Manager. If TENANT is a non-profit corporation organized under California or Federal law, volunteers for the TENANT are required to be covered by Workers' Compensation insurance. If the COUNTY's Risk Manager determines that there is no reasonably priced coverage for volunteers, evidence of participation in a volunteer insurance program may be substituted. (2) Comprehensive General and Automobile Liability Insurance: This coverage to include contractual coverage and automobile liability coverage for owned, hired and non-owned vehicles. The policy shall have combined single limits for bodily injury and property damage of not less than Five Million and 00/100 Dollars ($5,000,000.00). (3) Fire Insurance: Standard fire and extended coverage insurance, with vandalism and malicious mischief endorsements to the extent of at least one hundred percent (100%) of the full replacement value of the Premises. c. Additional Named Insured: All policies, except for the Workers' Compensation, shall contain additional endorsements naming the COUNTY and CITY and their officers, employees, agents and volunteers as additional named insureds with respect to liabilities arising out of this agreement. d. Waiver of Subrogation Rights: TENANT shall require the carriers of the above required coverages to waive all rights of subrogation against the COUNTY and CITY, their officers, employees, agents, volunteers, contractors and subcontractors. e. Policies Primary and Non-Contributory: All policies required above are to be primary and non-contributory with any insurance or self-insurance programs carried or administered by the COUNTY and/or CITY. f. Proof of Coverage: TENANT shall immediately furnish certificates of insurance to the COUNTY and CITY, evidencing the insurance coverage, including endorsements, above required prior to occupying the Premises and the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to the COUNTY and CITY, and TENANT shall maintain such insurance from the time of occupancy and commencement of performance of services hereunder until the completion of such occupancy. Within sixty (60) days of the commencement of this agreement, the TENANT shall furnish certified copies of the policies and all endorsements. 6 g. Insurance Review: The above insurance requirements are subject to periodic review by the COUNTY and CITY. The COUNTY's Risk Manager is authorized, but not required, to reduce or waive any of the above insurance requirements with the prior written consent of the CITY whenever the Risk Manager determines that any of the above insurance is not available, is unreasonably priced, or is not needed to protect the interests of the COUNTY. In addition, if the Risk Manager determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Risk Manager is authorized, but not required, to change the above insurance requirements to require additional types of insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against the COUNTY, inflation, or any other item reasonably related to the COUNTY's risk. Any such reduction or waiver for the entire Term of the agreement and any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this agreement. TENANT agrees to execute any such amendment within thirty (30) days of receipt. h. Failure to Have Insurance: In the event the COUNTY or CITY receives a notice of cancellation concerning any of the required policies, or should TENANT fail to have in effect the required coverage at any time during this lease, COUNTY or CITY may give notice to TENANT to immediately suspend all TENANT activities and/or notice to reinstate or acquire the affected coverage. Should TENANT fail to reinstate or acquire the affected coverage within ten (10) days of COUNTY's or CITY's notice to reinstate or acquire such coverage, COUNTY or CITY may either terminate the lease, reinstate or acquire the affected coverage, and TENANT shall reimburse COUNTY and/or CITY for the necessary cost at COUNTY's and CITY's option. If TENANT does not reimburse COUNTY and/or CITY within ten (10) days after demand by COUNTY or CITY, COUNTY and/or CITY shall have the right to withhold from future rent due the sum COUNTY and/or CITY has expended until COUNTY and/or CITY is reimbursed in full. i. Neither the COUNTY nor the CITY shall have liability for any premiums charged for such coverage(s). The inclusion of COUNTY and CITY as additional named insureds is not intended to and shall not make them a partner or joint venturer with TENANT. 16. DESTRUCTION OF PREMISES: In the event of the destruction of the Premises, which renders it incapable of its intended use as a school, the TENANT at its discretion may terminate the lease, or subject to the mutual agreement of the parties rebuild, reconstruct, or repair the damaged Premises. 17. COUNTY'S AND CITY'S ACCESS TO PREMISES: COUNTY and CITY and their authorized representatives shall have the right to enter the Premises at all reasonable times for any of the following purposes: a. To determine whether the Premises are in good condition; 7 b. To exercise any and all rights the CITY or COUNTY have under this lease. c. To serve, post, or keep posted any notices required by law; d. To post "for sale" signs at any time during the Term, to post "for rent" or "for lease" signs during the last three (3) months of the Term, prior to posting any such signs, the CITY and/or COUNTY shall provide six (6) months written notice to the TENANT of its intent to allow this agreement to expire as described in Section 3, above, and; e. To show the Premises to prospective brokers, agents, buyers, tenants, lenders or persons interested in an exchange, at any time during the Term. COUNTY and CITY shall conduct their activities on the Premises as allowed in this paragraph in' a manner that will cause the least possible inconvenience, annoyance, or disturbance to TENANT. 18. 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, including notices under the California unlawful detainer statutes, 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. TENANT's address: High Desert Partnership in Academic Excellence Foundation 17500 Mana Road Apple Valley, CA 92307 COUNTY's address: County of San Bernardino Real Estate Services Department 825 East Third Street San Bernardino, CA 92415-0832 CITY's address: City of San Bernardino City Manager 300 North "0" Street San Bernardino, CA 92418-0001 19. INCORPORATION OF PRIOR AGREEMENT: This lease contains all of the agreements of the parties hereto with respect to any matter covered or mentioned in this 8 lease, and no prior agreement or understanding pertaining to any such matter shall be effective for any purpose. 20. WAIVERS: No waiver by either party of any provisions of this lease 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. 21. AMENDMENTS: No provision of this lease 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 its terms an intention to modify this lease. 22. SUCCESSORS: This lease shall inure to the benefit of and be binding upon the heirs, executors, administrators, successors, and assigns of the parties hereto. 23. SEVERABILITY: If any word, phrase, clause, sentence, paragraph, section, article, part or portion of this lease is or shall be invalid for any reason, the same shall be deemed severable from the remainder hereof and shall in no way affect or impair the validity of this lease or any other portion thereof. 24. TIME OF ESSENCE: Time is of the essence of each provision of this lease which specifies a time within which performance is to occur. In the absence of any specific time for performance, pertormance may be made within a reasonable time. 25. QUIET ENJOYMENT: Subject to the provisions of this lease and conditioned upon pertormance of all the provisions to be pertormed by TENANT hereunder, COUNTY shall secure to TENANT during the lease Term the quiet and peaceful possession of the Premises and all right and privilege appertaining thereto. 26. 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. 27. CONSENT: Whenever consent or approval of either party is required that party shall not unreasonably withhold or delay such consent or approval. 28. EXHIBITS: All exhibits referred to are attached to this lease and incorporated by reference. 29. LAW: This lease shall be construed and interpreted in accordance with the laws of the State of California. 30. JURY TRIAL WAIVER: COUNTY and TENANT hereby waive their respective right to trial by jury of any cause of action, claim, counterclaim or cross- complaint in any action, proceeding and/or hearing brought by either COUNTY against TENANT or TENANT against COUNTY on any matter whatsoever arising out of, or in any way connected with, this lease, the relationship of COUNTY and TENANT, TENANT's 9 use or occupancy of the Premises, or any claim of injury or damage, or the enforcement of any remedy under any law, statute, or regulation, emergency or otherwise, now or hereafter in effect. 31. ATTORNEYS' FEES AND COSTS: If any legal action is instituted to enforce or declare any party's rights hereunder, each party, including the prevailing party, must bear its own costs and attorneys' fees. This paragraph shall not apply to those costs and attorneys' fees directly arising from any third party legal action against a party hereto and payable under Paragraph 14, HOLD HARMLESS. 32. VENUE: The parties acknowledge and agree that this Lease 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 Lease will be the Superior Court of California, County of San Bernardino, San Bernardino District. Each party hereby waives any law, statute (including but not limited to Code of Civil Procedure section 394), or rule of court that would allow them to request or demand a change of venue. If any third party brings an action or claim concerning this Lease, the parties hereto agree to use their best efforts to obtain a change of venue to the Superior Court of California, County of San Bernardino, San Bernardino District. 33. 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. 34. SURVIVAL: The obligations of the parties which, by their nature, continue beyond the Term of this lease, will survive the termination of this lease. 35. BROKER'S COMMISSIONS: TENANT is solely responsible for the payment of any commissions to any broker who has negotiated or otherwise provided services in connection with this lease. 36. ESTOPPEL CERTIFICATES: Each party within thirty (30) days after notice from the other party, shall execute and deliver to other party, in recordable form, a certificate stating that this lease is unmodified and in full force and effect, or in full force and effect as modified, and stating the modifications. The certificate also shall state the amount of minimum monthly rent, the dates to which the rent has been paid in advance, the amount of any security deposit or prepaid rent, and that there are no uncured defaults or specifying in reasonable detail the nature of any uncured default claimed. Failure to deliver the certificate within thirty (30) days shall be conclusive upon the party requesting the certificate and any successor to the party requesting the certificate, that this lease is in full force and effect and has not been modified except as may be represented by the party requesting the certificate, and that there are no uncured defaults on the part of the party requesting the certificate. The estoppel certificate shall be in the form provided by the County of San Bernardino. IIII 10 37. SECURITY DEPOSIT: Security deposits shall not be required. 38. ASSIGNMENT AND SUBLETTING: a. TENANT shall not voluntarily assign or encumber its interest in this lease or in the Premises or any options contained in this lease or sublease, all or any part of the Premises, or allow any other person or entity (except TENANT's authorized representatives) to occupy or use all or any part of the Premises, without first obtaining COUNTY's consent. Any assignment. encumbrance, or sublease without COUNTY's consent shall be voidable and. at COUNTY's election. shall constitute a default. No consent to any assignment, encumbrance, or sublease shall constitute a further waiver of the provisions of this paragraph. 1. If TENANT is a partnership, a withdrawal or change, voluntary, involuntary, or by operation of law, of any partner, or the dissolution of the partnership. shall be deemed a voluntary assignment. 2. If TENANT consists of more than one person, a purported assignment. voluntary, involuntary, or by operation of law, from one person to any other shall be deemed a voluntary assignment. 3. If TENANT is a corporation. any dissolution. merger. consolidation. or other reorganization of TENANT, or the sale or other transfer of a controlling percentage of the capital stock of TENANT. or the sale of more than fifty percent (50%) of the value of the assets of TENANT, shall be deemed a voluntary assignment. The phrase "controlling percentage" means the ownership of, and the right to vote. stock possessing more than fifty percent (50%) of the total combined voting power of all classes of TENANT's capital stock issued. outstanding, and entitled to vote for the election of directors. This paragraph shall not apply to corporations the stock of which is traded through an exchange or over the counter. b. TENANT immediately and irrevocably assigns to COUNTY and CITY. as security for TENANT's obligations under this lease. all rent from any subletting of all or a part of the Premises as permitted by this lease. and COUNTY and CITY. as assignee and as attorney-in-fact for TENANT, or a receiver for TENANT appointed on COUNTY's or CITY's application, may collect such rent and apply it toward TENANT's obligations under this lease; except that, until the occurrence of an act of default by TENANT. TENANT shall have the right to collect such rent. c. Fifty percent (50%) of all rent received by TENANT from its subtenants in excess of the rent payable by TENANT to COUNTY and CITY under this lease shall be paid to COUNTY and CITY. or fifty percent (50%) of any sums to be paid by an assignee to TENANT in consideration of the assignment of this lease or any option herein shall be paid to COUNTY and CITY. 11 d. If TENANT requests COUNTY or CITY to consent to a proposed assignment or subletting, TENANT shall pay to COUNTY and CITY, whether or not consent is ultimately given, COUNTY's and CITY's reasonable costs incurred in connection with such request, including, but not limited to, reasonable attorney's fees. e. No interest of TENANT in this lease shall be assignable by operation of law (including, without limitation, the transfer of this lease by testacy or intestacy). Each of the following acts shall be considered an involuntary assignment: 1. If TENANT is or becomes bankrupt or insolvent, makes an assignment for the benefit of creditors, or institutes a proceeding under the Bankruptcy Act in which TENANT is the bankrupt; or, if TENANT is a partnership or consists of more than one person or entity, if any partner of the partnership or other person or entity is or becomes bankrupt or insolvent, or makes an assignment for the benefit of creditors; 2. If a writ of attachment or execution is levied on this lease; 3. If, in any proceeding or action to which TENANT is a party, a receiver is appointed with authority to take possession of the Premises. f. An involuntary assignment shall constitute a default by TENANT and COUNTY shall have the right to elect to terminate this lease, in which case this lease shall not be treated as an asset of TENANT, unless the involuntary assignment is cured as follows: 1. If a writ of attachment or execution is levied on this lease, TENANT shall have ten (10) days in which to cause the attachment or execution to be removed. 2. If any involuntary proceeding in bankruptcy is brought against TENANT, or if a receiver is appointed, TENANT shall have sixty (60) days in which to have the involuntary proceeding dismissed or the received removed. 3. Except as provided in 1 and 2 above, TENANT shall have no right to cure any involuntary assignment. 39. TERMINATION: This lease may be terminated upon 60 days prior written notice by any of the parties in the event that the TENANT should cease operating a school on the Premises. 40. FORMER COUNTY AND CITY OFFICIALS: TENANT agrees to provide or has already provided information on former COUNTY administrative officials (as defined below) who are employed by or represent TENANT. The information provided includes a list of former COUNTY and CITY administrative officials who terminated COUNTY 12 employment within the last five years and who are now officers, principals, partners, associates or members of the business. The information also includes the employment with or representation of TENANT. For purposes of this provision, "COUNTY administrative official" is defined as a member of the Board of Supervisors or such officer's staff, COUNTY Administrative Officer or member of such officer's staff, COUNTY department or group head, assistant department or group head, or any employee in the Exempt Group, Management Unit or Safety Management Unit. (See Exhibit "C", List of Former County Officials.) 41. MISREPRESENTATIONS: If during the course of the administration of this lease, the COUNTY or CITY determines that the TENANT has made a material misstatement or misrepresentation or that materially inaccurate information has been provided to the COUNTY or CITY, this lease may be immediately terminated. If this lease is terminated according to this provision, the COUNTY and CITY is entitled to pursue any available legal remedies. 42. DISCLOSURE: All information received by the COUNTY or CITY from any source concerning this Lease, including the Lease itself, may be treated by the COUNTY or CITY as public information subject to disclosure under the provisions of the California Public Records Act, Government Code section 6250, et seq. (the "Public Records Act"). TENANT understands that although all materials received by the COUNTY or CITY in connection with this contract are intended for the exclusive use of the COUNTY, they are potentially subject to disclosure under the provisions of the Public Records Act. In the event a request for disclosure of any part or all of any information which a TENANT has reasonably requested COUNTY and/or CITY to hold in confidence is made to the COUNTY and/or CITY, the COUNTY and/or CITY shall notify the TENANT of the request and shall thereafter disclose the requested information unless the TENANT, within five (5) days of receiving notice of the disclosure request, requests nondisclosure, provides COUNTY or CITY a legally sound basis for the nondisclosure, and agrees to indemnify, defend, and hold the COUNTY harmless in any/all actions brought to require disclosure. TENANT waives any and all claims for damages, lost profits, or other injuries of any and all kinds in the event COUNTY or CITY fails to notify TENANT of any such disclosure request and/or releases any information concerning the contract received from the TENANT or any other source. 43. DEFAULT AND RIGHT TO TERMINATE: a. Definitions. A "Default" by TENANT shall refer to any failure by TENANT to observe, comply with or perform any of the terms, covenants, conditions or rules applicable to TENANT under this Lease. The term "Breach" shall refer to the occurrence of anyone or more of the following Defaults, and, where a grace period for cure after notice is specified herein, the failure of TENANT to cure such Default prior to the expiration of the applicable grace period: 13 (i) TENANT's unexcused failure to conduct TENANT's business at the Premises in accordance with the terms of this Lease including but not limited to the failure to comply with the limitations of use of the Premises. (i1) Vacating the Premises without the evident intention to reoccupy same, an abandonment of the Premises, or notice of intent to abandon Premises expressed in written notice. (iii) TENANT's failure to make any payment of rent, or any other monetary payment required to be made by TENANT hereunder as and when due, the failure of TENANT to provide COUNTY with reasonable evidence of insurance or surety bond required under this Lease, or TENANT's failure to fulfill any obligation under this Lease which endangers or threatens life or property, where such failure continues for a period of three (3) days, or such reasonable time as agreed by COUNTY and CITY, following written notice thereof by or on behalf of COUNTY and CITY to TENANT. (iv) The failure by TENANT to provide COUNTY and CITY with reasonable written evidence (in duly executed original form, if applicable) of any documentation or information which COUNTY and CITY may reasonably require of TENANT under the terms of this Lease, where any such failure continues for a period of ten (10) days following written notice by or on behalf of COUNTY to TENANT. (v) A Default by TENANT as to any of the other terms, covenants, conditions or provisions of this Lease that are to be observed, complied with or performed by TENANT where such Default continues for a period of thirty (30) days after written notice thereof by or on behalf of COUNTY to TENANT; provided, however, that if the nature of TENANT's Default is such that more than thirty (30) days are reasonably required for its cure, then it shall not be deemed to be a Breach of this Lease by TENANT if TENANT commences such cure within said thirty (30) day period and thereafter continuously and diligently prosecutes such cure to completion. (vi) A Default by TENANT as to the terms of any Approved Encumbrance, where such Default continues for a period of thirty (30) days after written notice thereof by or on behalf of COUNTY; (vii) The occurrence of any of the following events: (a) the making by TENANT of an assignment for the benefit of creditors; (b)TENANT's becoming a "debtor" as defined in 11 U.S. Code Section 101 or any successor statute thereto (unless, in the case of a petition filed against TENANT, the same is dismissed within sixty (60) days); (c) the appointment of a trustee or receiver to take possession of substantially all of TENANT's assets located at the Premises or of TENANT's interest in this Lease, where possession is not restored to TENANT within thirty (30) days; or (d) the attachment, execution or other judicial seizure of substantially all of TENANT'S assets located at the Premises or of TENANT's interest in this Lease, where such seizure is not discharged within thirty (30) days. 14 (viii) The discovery by COUNTY that any financial statement of TENANT or of any guarantor, given to COUNTY by TENANT or any guarantor, was materially false. (ix) If the performance of TENANT's obligations under this Lease is guaranteed: (a) the death of a Guarantor, (b) the termination of a Guarantor's liability with respect to this Lease other than in accordance with the terms of such guaranty, (c) a Guarantor's becoming insolvent or the subject of a bankruptcy filing, or (d) a Guarantor's refusal to honor the guaranty, and TENANT'S failure, within sixty (60) days following written notice by or on behalf of COUNTY to TENANT of any such event, to provide COUNTY with written alternative assurances of security, which, when coupled with the then existing resources of TENANT, equals or exceeds the combined financial resources of TENANT and the Guarantors that existed at the time of execution of this Lease. b. Remedies. 1. Other than when a different time or remedy is specifically provided, such as for the payment of rent, if TENANT fails to perform any affirmative duty or obligation of TENANT under this Lease within ten (10) days after written notice to TENANT (or in case of an emergency, without notice), COUNTY or CITY may at its option (but without obligation to do so), perform such duty or obligation on TENANT's behalf, including, but not limited to, the obtaining of reasonably required, insurance policies, or governmental licenses, permits or approvals. The costs and expenses of any such performance by COUNTY or CITY shall be due and payable by TENANT to COUNTY or CITY within ten (10) days of COUNTY's or CITY's demand. 2. In the event of a Breach of this Lease by TENANT (as defined above), with or without further notice or demand, and without limiting COUNTY or CITY in the exercise of any right or remedy which COUNTY may have by reason of such Breach, COUNTY or CITY may: (a) Terminate TENANT's right to possession of the Premises by any lawful means, in which case this Lease and the term hereof shall terminate and TENANT shall immediately surrender possession of the Premises to COUNTY and CITY. In such event COUNTY and CITY shall be entitled to recover from TENANT: (i) the worth at the time of the award of the unpaid rent which had been earned at the time of termination; (ii) the worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that the TENANT proves could have been reasonably avoided; (iii) the worth at the time of award of the amount by which the unpaid rent for the balance of the Term after the time of award exceeds the amount of such rental loss that the TENANT proves could be reasonably avoided; and (iv) any other amount necessary to compensate COUNTY and CITY for all the detriment proximately caused by the TENANT's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom, including, 15 but not limited to, the cost of recovering possession of the Premises, expenses of reletting, including necessary renovation and alteration of the Premises, and that portion of any leasing commission paid by COUNTY and CITY in connection with this Lease and applicable to the unexpired term of this Lease. The worth at the time of award of the amount referred to in provision (iii) of the immediately preceding sentence shall be computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco or the Federal Reserve Bank District in which the Premises are located at the time of award plus one percent (1%). COUNTY's and CITY's attempt to mitigate damages caused by TENANT's Default or Breach of this Lease shall not waive COUNTY's and CITY's right to recover damages under this Paragraph. If termination of this Lease is obtained through the provisional remedy of unlawful detainer, COUNTY and CITY shall have the right to recover in such proceeding the unpaid rent and damages as are recoverable therein, or COUNTY and CITY may reserve the right to recover all or any part thereof in a separate suit for such rent and/or damages. (b) Continue the Lease and TENANT's right to possession in effect under California Civil Code Section 1951.4 after TENANT's Breach and recover the rent as it becomes due, provided TENANT has the right to sublet or assign, subject only to reasonable limitations. COUNTY and CITY and TENANT agree that the limitations on assignment and subletting in this Lease are reasonable. COUNTY's and CITY's maintenance of the Premises or efforts to relet the Premises, or the appointment of a receiver to protect the COUNTY's and CITY's interest under this Lease, shall not constitute a termination of the TENANT'S right to possession. (c) Pursue any other remedy now or hereafter available to COUNTY and CITY under the laws or judicial decisions of the State of California. 3. If, at any time TENANT is in default in monthly rent or fees or any other provision for forty-five (45) days, or if TENANT defaults on any provision(s) three (3) times within any twelve (12) consecutive months, COUNTY or CITY may terminate this Lease on ten (10) days notice. c. Survival of Indemnity Provisions. The expiration or termination of this Lease and/or the termination of TENANT's right to possession shall not relieve TENANT from liability under any indemnity provisions of this Lease as to matters occurring or accruing during the Term or by reason of TENANT's occupancy of the Premises. d. Tenant's Personal Property. Immediately upon termination of this Lease, TENANT covenants and agrees to remove all of TENANT's personal property, machinery or fixtures from the Premises. If TENANT fails to remove any such personal property, COUNTY or CITY may remove such personal property and place the same in storage at the expense of TENANT and without liability to COUNTY for losses. TENANT agrees to pay COUNTY or CITY for all expenses incurred by COUNTY or CITY in connection with the removal, and storage charges of TENANT's personal property, 16 including attorney's fees and court costs. Alternatively, COUNTY or CITY rnay at its option and on not less than ten (10) days written notice to TENANT sell all or any part of said personal property at public or private sale for such prices as COUNTY or CITY rnay obtain. COUNTY or CITY shall apply the proceeds of any such sale to the amounts due from TENANT under this Lease and to any expense incidental to such sale. Any surplus arising from such sale shall be refunded to TENANT. e. No Waiver by COUNTY or CITY. COUNTY's or CITY's receipt of any rent or of any other sum of money paid by TENANT after the termination and forfeiture of this Lease, or after the giving by COUNTY or CITY of any notice to effect such termination, shall not waive the Default, reinstate, continue or extend the Term of this Lease, or destroy or impair the efficacy of COUNTY's or CITY's notice of termination, unless otherwise agreed in writing by COUNTY or CITY. COUNTY's and CITY's acceptance of the keys to the Premises or any other act of the COUNTY or CITY or its agents or ernployees during the Term of this Lease shall not be deemed to be an acceptance or a surrender of the Premises, unless otherwise agreed in writing by COUNTY and CITY. 44. INTERPRETATIONS: As this agreement was jointly prepared by both parties, the language in all parts of this agreernent shall be construed, in all cases, according to its fair meaning, and not for or against either party hereto. 45. ENTIRE AGREEMENT: This agreement, including recitals, constitutes a single, integrated contract, expressing the entire agreernent and understanding of the parties concerning the subject matter of this agreement, and this agreement supersedes and replaces all prior understandings, negotiations, proposed agreements and agreernents, whether oral or written, express or implied. 46. AUTHORIZED SIGNATORS: The parties to this lease represent that the signators executing this lease are fully authorized to enter into this agreement. END OF LEASE TERMS. COUNTY OF SAN BERNARDINO THE HIGH DESERT PARTNERSHIP IN ACADEMIC EXCELLENCE FOUNDATION, INC. B Rick Piercy Paul Biane, Chairman Board of Supervisors Date: Date: lib o! /0 K / / 17 CITY OF SAN BERNARDINO Lori Sasoon, Assistant City Manager Date: SIGNED AND CERTIFIED THAT A COpy OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD DENA SMITH, Clerk of the Board of Supervisors By: Deputy Date: Approved as to Legal Form: RUTH E. STRINGER, County Counsel San Bernardino County, California By: (1 f /CJ/?/~ Alan L. Green, Deputy 8/2S/00 I ( Date: JAMES PENMAN, City Attorney City of San Bernardino, California By: Deputy Date: . . . . . BC1: :::::." ::i:.. -:. . :1 . . . ' . ....... ....,,- . " .- . . '.' . . . . . . 18 en I <0 = ~ <0 o c -u ~ o c ~ ~ =0 ~ ~ ~<< <n~ --;; 0= .-- ~x= ~co u~.-- o C -0 L o C L '" =N C-----. Or-- Vl o .<:;::E <J c o a:: c ~ D- <Xi _z ~o .. ~~ p ~ ~ ~ " ~';; "IIJI" @ @ ----r EXHIBIT "A" PREMISES DESCRIPTION @ 1 ;J; ~ T . -- --------- .-- ~ - - - - ... " &,r, ~ " .1> , ~ /f 0 @ <.> - ~ " , " ? '" . ~ n"I' < - -:fl~~~ - \1"1' !C~~ II; HI - /-ii-j'l- - ---:: ~ - - - - - - - - - - - - - - -'-]-IHHH - - - - - - - --p;; - - - - - ~]-H-I+liH-:1: .. .~ I I ~, ; '" \'/, ""' ""' \l'/I' @ ;"@ , @ ? IHI "' - - " .. ~~0 ~ C @" ". ,,@ @ @ @ " m '" ;! " " < '" , @ " - - ~ "', "" 1[ . ~ ~, \R,\ ," ,'II; ,..U)"'" a:;l...1): I @; , I. .. ~ , , i'-;O;-I rT""", '" << t['~ I" "" ? - 1 - , - - , - - - - I , , ID @ @ , @' @' @~ @' @ - - I - @ " , .--.;, '"' '"' ~Cll IC~ , ,,\ - " ~, -; L ~~ f-- :;;; :J: Of T ;; -:lHl!-:i5- - - - - ~-- -#1&3 @ 8 @ I~ ji"il" _ ~~....., """'.......... ~ e.e.e.o;: ~ ~~~~ ~ c .,.,~ ~ 0 U ID ~=o 00 c :::i:c....:.o ~= 0 -..... co l:: o~ ~ ~= ~ ~ = ID~ ~ 0 0 ~ 0 0 <=<n ... o ~ <n "'3 :::--~ = z ~~ 0..>- :c: ~ - - o ~ ~ - " o ~ ~ o o o o ',~~ D(ak~J?r <" ~ " ~ 'iI Rd ">. '" ' 11/2007 Googl. "~." E 9!Ll.ttj~,~va Ul rc 3 o o 3' ,. < ~ ;enl II ~~! itJI1 , E ennl~']l '" ~ .. i> ~ " :>- :~ (J) ~ i> 3 .. " )> < .. <n f )> iii _~"No(m~ilB~-- EXHIBIT "A" PREMISES DESCRIPTION ~iak~:gi '" " o iii' < ~i '" " o Ii' '< g> ti~I~,~~_~t?r E CentralAvc ---~---, ..., de orangeStiow Rd ~~.. __~.."v _. f ". < ~ 'e 'Santa,Fe St g Norma!i,I!~- m ~; ~ en --.. .--....- -. fl ;; e )> < . "E ?~ti~a."Fe '" < . Ii' < < m', ~; )> < . E. ceolrai A've -',"-'~---"---- If~~fl!ra '" < !!. " ,<, $; m ~ )> < m , = NC ~.Q,!ng.e~h.<?'Y R~.. Mop dato @2007 N~ PREMISES SPECIFICATIONS '" "" '" '" '" '" '" '" '" '" '" -'= -'= -'= 0... 0... 0... '" "" co -a -- '" -a _ == co => > .0 0 co ""'" co ~ :.;::; Q.) '" .0 'x 0 l.LJ _ EXHIBIT "B" ~~/r ~-.l60.!. >- :2: _ w<(o Oz:"" ;JS211 c::(t-", Q..~ C/O 0 U >= :::J <( z: o 0: W <( o z <( w U <( D- C/) :z o t- o: o :z '" rn u C/O ... C] > ~ -,- liNn ~ D fJJA .J. 'Q'Y "" o ~ ~ " ~ ----------- :r: u 0: , <( I w C/O i w 0: ~ ~ i <( :z i 0 >= i <( U :::J i 0 w i 0: 0 ~ LL " 0: W ~ t- O :z 0 W 0< ~ I u go "< ~ i C/O ~" ~ << >> o. i w ~~ -' ~ i I ~ i -is ASS~.:I "O-,.l. EXHIBIT "B" PREMISES SPECIFICATIONS I~ '01<1:' v~' ~[ HI ~ z" ;;;~ d .- -""._~...nos; >-~ '" ~ ~a: ~:@ <~ ~ ~ 5 "" z o En "" o z "" ~ ~ 11: ~ z i= ~ o z " "' ~ ~ ~ ~ ~ "" z o ~ ~ 8 ~ fi' ,_ a: tl ~ ,I '" I' ~ .. ~ Ii d ~ ,. ~ ;:~ _ !!i ~!.~% i .u (i I ~-'.' ..~ 'm Ii ,~ " ~ EXHIBIT "C" LIST OF FORMER COUNTY OFFICIALS INSTRUCTIONS: List the full name of the former COUNTY Administrative Official, the title/description of the Official's last position with the COUNTY, the date the Official terminated COUNTY employment, the Official's current employment and/or representative capacity with the TENANT, the date the Official entered TENANT's employment and/or representation. OFFICIAL'S NAME: REQUIRED INFORMATION EXHIBIT "0" HEAD START FACILITY SPECIFICATIONS CT = Ceramic Tile C = Carpet VT = Vinyl Flooring P = Paint Room No. Open office/Reception Walls P Floor CT Comments . Six duplex . One ceiling fan . 9' high ceiling with AP-2 acoustical panels . Panic bars on entrance doors to lock after exit, keyed dead bolt on outside, panic bars with key operated mechanism for open and closed positions . County to provide lobby seating P . 9' high ceiling with AP-2 acoustical panels . Three phones, one below counter . 36" wide, 45" high reception counter MeetinglTraining Room C P Two Adult Restrooms CT CT P . 9' high ceiling with AP-2 acoustical panels . Nine duplex . Four phones, (1 at 42") . Lockable doors to exterior with panic hardware . Two light switches with dimmers, each controlling one half of the room . One white dry erase board, 4' x 8' with tray . Panic bars on entrance/exit door to lock after exit, keyed dead bolt on outside, panic bars with key operated mechanism for open and closed positions . Lockable door to room . One toilet . One sink . Sanitary napkin dispenser Kitchen Storage Play Equipment Storage Freezer Storage Area Teacher Lounge Kitchen 10 Classrooms VT VT VT VT CT VT C P P P P P P . One duplex above sink with ground fault interrupter . Lockable doors . One duplex . Locking metal door to exterior, panic hardware . One duplex . Locking double doors to outside . 9' high smooth finish painted ceiling . Three duplex . 1-4 wire, single phase system with 220/240 V for freezer compressor & 110/115 V for door heater & freezer door light. A dedicated circuit with a disconnect box . Two duplex with dedicated 20 amp circuit for industrial refrigerator . 9' high smooth finish painted ceiling . Four duplex, one dedicated 20 amp circuit for refrigerator with icemaker . One phone at 42" . Lockable door to exterior with panic hardware . 9' high smooth finish painted gypsum ceiling . One exhaust fan . One stainless steel three tub sink, one sink with garbage disposal . One stainless steel hand wash sink . Two-220 V outlets for ovens . One duplex on three dedicated circuits, including one duplex above triple sink . 18' counter and cabinet with rounded corners, 36" high cabinet . 9' high ceilings with AP-2 acoustical panels . Seven duplex . One phone at 42" . One ceiling fan Teacher Work Room Children's Restroom Communications Room Two Supervisor Offices Isolation Room C CT VT C VT P CT P P P . One sink with drinking fountain, counter with cabinet . Counter to be 22" from floor. Adjustable shelves. . Lockable door with panic hardware on exit door(s) to playground . Six duplex . Three phone . Lockable doors . 14 children size toilets, max. height 11 " . Two children's size urinal, max. height 11" · 16 children's size sinks, 22" height . Toilet paper dispensers mounted 14" above floor . Mirrors, shatterproof glass, mounted over sinks, 229.5" bottom edge to floor . Privacy panels, sized for children . Three duplex, one located 18" below ceiling above door on dedicated 20 amp circuit . Two 4-plex, each on dedicated 20 amp circuit . One phone at 42" · Telephone Company Entrance Cable . %" plywood painted with two coats of fire-retardant white paint. Plywood shall be 4' by 8' high, mounted vertical starting at floor level . Lockable door · 9' high ceilings with AP-1 acoustical panels . Four duplex . Two phones · Lockable door Storage VT Hallway VT Custodial Room VT Adult Restroom CT p p p CT . . One duplex . Shelving . Duplex (per code) . Service/mop sink, Fiat #MSB 3624 or equivalent . One exhaust fan . One duplex with GFI . Shelving . One toilet (handicap) . One sink (handicap) . One sanitary napkin dispenser . One duplex above sink with GFI' . Lockable door . One wall-mounted diaper changing table . See General Specifications for complete restroom requirements