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HomeMy WebLinkAbout27- Facilities Management CITY OFF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: James Sharer, Director, Facilities Management Subject: Resolution Approving a Sublease of Certain City Property Leased to the Boys Dept: Facilities Management Club (County Preschool Services). lRr ► tR Date: February 3, 2000 �} j �� i i %!1 L Synopsis of Previous Council Action October 17, 1994—94-331 Approved sublease of Boys Club to County of San Bernardino Recommended Motion: Adopt Resolution. James W. Sharer Contact person: James Sharer Phone: 384-5244 Supporting data attached: Staff Report Ward(s): 6 FUNDING REQUIREMENTS: Amount: No fiscal impact Source: Finance Council Notes: iz Agenda 3a 63�P�RpD4 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT S BE Resolution approving a sublease of certain City property leased to the Boys and Girls Club (County Preschool Services). BACKGROUND On October 17, 1994,the Mayor and Common Council approved a lease of a portion of the Boys and Girls Club to the County of San Bernardino Preschool Services, for their Headstart Program. The City has been allowing the sublease of the Boys and Girls Club to the County(Preschool Services) since 1994. The Boys and Girls Club occupies a City-owned building at 1180 W. 91h Street.This facility was built using a HUD grant,and has certain limitations on what can be housed at this location.The County services provided will be used by City and County residents,and meets the requirements set by HUD.The$4191.80 generated monthly by this lease goes to the Boys and Girls Club to pay operating expenses.This arrangement has worked well for all parties.The County is requesting to exercise its option to renew the lease for 6300 square feet of building space and 8471 square feet of playground space for this purpose. This resolution would allow the County to exercise the second of three (3) one-year options to extend the term of the lease from November 1, 1999 to October 31, 2000 All other terms of the agreementwould remain the same. FINANCIAL IMPACT There is no fiscal impact. RECOMMENDATION That the Mayor and Common Council adopt the Resolution approving a sublease of certain City Property leased to the Boys and Girls Club (County Preschool Sevices). 1 Resolution No. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF SAN 3 BERNARDINO APPROVING A SUBLEASE OF CERTAIN CITY PROPERTY LEASED TO THE BOYS CLUB (COUNTY PRESCHOOL SERVICES). 4 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 7 8 WHEREAS, by that certain lease dated November 25, 1981, the City has leased certain 9 property to the Boys Club, located at 1180 West Ninth Street in San Bernardino,and 10 WHEREAS, such lease has been amended from time to time,and 11 WHEREAS, the Boys' Club desires to sublet a portion of the leased premises to the 12 County of San Bernardino (Preschool Services) for their HeadStart program,and 13 WHEREAS, Section 10 of said Lease requires prior written consent of the City to any 14 15 sublease of said property, and 16 WHEREAS, by Resolution 94332, the City approved the Sublease between the Boy's 17 Club and the County of San Bernardino (Preschool Services), and 18 WHEREAS, the County now desires to exercise its second of three one-year options to 19 extend the term of the Sublease; 20 NOW, THEREFORE,be it resolved by the Mayor and Common Council of the City of 21 San Bernardino that the Fifth Amendment to the Sublease from the Boys Club to the County of 22 San Bernardino (Preschool Services) extending the tern by one year,attached hereto as Exhibit A 23 24 and incorporated herein is hereby approved. 25 26 27 2s I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF SAN 2 BERNARDINO APPROVING A SUBLEASE OF CERTAIN CITY PROPERTY LEASED TO THE BOYS CLUB (COUNTY PRESCHOOL SERVICES). 3 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 4 Common Council of the City of San Bernardino at a meeting thereof, held on 5 6 the day of .2000, by the following vote,to wit: 7 Council Members: AMS NTvs Abstain Absent 8 ESTRADA _ 9 LIEN 10 MCGINNIS _ 11 12 SCHNETZ 13 SUAREZ 14 ANDERSON 15 MILLER 16 17 City Clerk 18 The foregoing resolution is hereby approved this day of 19 2000. 20 21 Judith Valles,Mayor 22 City of San Bernardino Approved as to form and 23 Legal content; 24 James F. Penman, City Attorney 25 BY: u2 26 27 28 MAR-02-00 10:21 90038727TS P.03 R-260 Jab-036 Mar-02-21000 .10':25am From-COUNTY OF BONO REALSTATE 9003872779 T-439 P.003 F-010 /•VR 4VYIY/f VJC.I IF E ew Vendor Code `,tit. Contract Number w`a M X Change r+ x Cancel C 94-1120 A-5 _ County Department Dept. Orgn. Contractor's License No. Real Estate Services DeparbateLl County Department Contract Representative Ph.Ext. Amount of Contract Court of San Bernardino Jim White,Executive Director 7-2355 County Fund Dept. I Organizagon Appr. Obi/Rev Source Activity GRCIPROJ/JOB Number FAS STANDARD CONTRACT Commodity Code Estimated Payment Total by Fiscal Year FY Amount UD FY Amount Ito Project Name FIFTH AMENDMENT SAN BERNARDINO• A Preschool Services Dept. Boy's Club THIS CONTRACT is entered into in the State of California by and between the County of San Semardino, hereinafter called the County, and Name BOY'S CLUB OF SAN BERNARDINO,INC. hereinafter called SUBLANDLORD Address 1180 WEST 9'a STREET SAN BERNARDINO, CA 92411 Phone Birth Date (909)888-6751 Federal ID No. or Social Security No. 95-2508873 IS HEREBY AGREED AS FOLLOWS: (Use space below and additional bond shoots. Set forth service to be mnderad, amount to be paid. manner of payment, time far performance or completion, determination of satisfactory performance and cause for termination, other terms and conditions, and attach plans, specirmations, and addenda,if any) WHEREAS, the COUNTY and SUBLANDLORD have previously entered into a Lease Agreement, Contract No. 94-1120, wherein SUHLANDLORD agreed to lease certain real property to the COUNTY; and, WHEREAS, the COUNTY desires to exercise its second of three (3) one-year options to extend the term of the lease; and, NOW, THEREFORE, in consideration of mutual covenants and conditions, the parties hereto agree the Lease Agreement, Contract No. 94-1120, is amended as follows: 1. Extend the term of the lease as provided in Paragraph 3, TERM, from November 1, 1999 through October 31, 2000, at the monthly rent of Four Thousand One Hundred Ninety One and 801100 Dollars ($4,191.80). Y W ! ■ t w M * 4MrYW �X�f V)l 7 anx-U2-UO 10:21 9093872779 P.04 R-260 Job-036 Mar-02-2000 . 10:25am From-COUNTY OF BONO REALSTATE 9093872779 T-439 P.004 F-010 ..._ -- r........... . » ._..... __ .w _____ ..d.,.,...._.... _ . amended, shall remain the same an,_ae hereby incorporated by reference. END OF FIFTH AMENDMENT COUNTY OF SAN BERNARDINO BOY'S CLUB OF SAN BERNARDINO INC (Print or type name of corporation, comp en , con to ' By ' t JOnD i Is, Chairman, Board of Supervisors (Aa nrao Signature-sign in blue ink) Dated: 0 C 14 1999 # 3� Name:_Clifford Hackney SIGNED AND CE JF,.iE�s• AT A COPY OF THIS (Print or type name of parson signing Contract) DOCUMENT EONAi;)- ED TO THE Title: Executive Director CHAIRMAN I (Print or Type) pP I f Boa of Supervisors Dated: jp ; i"c'teF�of� n Bernardino. By Address_1180 west Ninth Street \` pu fp , d v' San Bernardino. CA 92411 Approve 7 }r Reviewed by OW—nct Compliance Revievn:d for Processing County Catnsel �y p Agency Adminisnator/CAO Date Date Date MAR-02-00 10:21 9093872779 P.02 R-260 Job-036 Mar-02-2000 . 10:25am From-COUNTY OF BONO REALSTATE 9093BT2779 T-439 P.002 F-010 nor vn,/ vvrn•,Lnvn,avn ,v n,� uvn • v, JWrLMw Aawr SAN BERNARDINO COUNTY, CPRLIFORNIA AND RECORD OF ACTION December 14,1999 FROM: MANUELAHUERO, Director Real Estate Services Department SUBJECT: FIFTH AMENDMENT FOR PRESCHOOL SERVICES DEPARTMENT (PSD) IN SAN BERNARDINO RECOMMENDATION: 1. Approve the Fifth Amendment to Sublease Agreement, Contract No. 94-1120, with the Boy's Club of San Bernardino, Inc., for PSD's classroom and office space located at 1180 West Ninth Street in San Bernardino. 2. Authorize the Auditor/Controller to increase both the Rent Appropriations Budget, Unit No. AAA- RNT-2905 and the Reimbursement Account No. AAA-RNT-5041 by the amount of$25,150.80. BACKGROUND INFORMATION: On November 1, 1994, the Board of Supervisors approved a sublease agreement with the Boy's Club of San Bernardino, Inc., Contract No. 94-1120. The Premises subleased by PSD includes 6,300 square feet of classroom space and 8,471 square feet of playground area located at 1180 West Ninth Street in San Bernardino. The First through Fourth Amendments to the lease each extended the term one year. The Fifth Amendment exercises PSD's second of three one-year options to extend the term of the lease from November 1, 1999 through October 31, 2000. The monthly lease payment has been adjusted from $4,098.26 ($.65/sq. ft./mo. modified gross) to $4,191.80 ($.67/sq. ft./mo. modified gross) based on the change in the Consumer Price Index. The County has the right to terminate the lease with 30-days notice. REVIEW BY OTHERS* This agenda item has been reviewed by PSD and approved as to legal form by Chief Deputy County Counsel, Rex Hinesley on September 22, 1999. FINANCIAL IMPACT: The monthly lease payment of$4,191.80 ($.67/squarefoot/modified gross) will be paid from the County's Rent Budget (AAA-RNT-2905) and will be reimbursed from PSD's budget. PSD is also responsible for its pro-rata share of utilities,janitorial services and interior maintenance. SUPERVISORIAL DISTRICT: 5 PRESENTER: Manuel Ahuem Record of Action of the Board of Su emsors cc. RES w/agree. AGREEMENT 94-1120 A-5 Contractor w/agree. Go RES APPROVE�9�41111) OF Supl=RVlsORs Auditorw/agree. C F. AN ERNARDINO SBD w/agree. PSD Admin. MOTION SE ,rte E •r 'i y- AYE MOVE HSS Bldg. & Finance w/agree a r i? ° s A HSS EARL RO E - ARID 7z n3 File wlagree. By '�'-• jA� " � �T DATED: De ^� Rev 07197 rdm -- —O C ITEM 1339 i j RESOLUTION NO. a4-ia2 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A SUBLEASE OF CERTAIN CITY PROPERTY 3 LEASED TO THE BOYS CLUB. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 5 WHEREAS, by that certain lease dated November 25, 1981, the 6 City has leased certain property to the Boys Club, and 7 WHEREAS, such lease has been amended from time to time, and 8 WHEREAS, the Boy' s Club desires to sublet a portion of the 9 leased premises to- the County of San Bernardino, and 10 WHEREAS, Section 10 of said Lease requires prior written 11 consent of the City to any sublease of said property, 12 NOW, THEREFORE, be it resolved by the Mayor and Common 13 Council of the City of San Bernardino that the sublease from the 14 Boys Club to the County of San Bernardino in the form of the 15 •'Lease Agreement" attached hereto and incorporated herein is 16 approved. 17 18 19 20 21 22 23 24 25 26 27 28 DAB/Js (BC1ub.Re.1 1 94-332 I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A SUBLEASE OF CERTAIN CITY PROPERTY 2 LEASED TO THE BOYS CLUB. 3 I HEREBY CERTIFY that the foregoing Resolution was duly 4 adopted by the Mayor and Common Council of the City of 5 San Bernardino at a regular meeting thereof, held on the 6 17th day of October 1994, by the following vote, to-wit: 7 Council Members: AYES NAYS ABSTAIN ABSENT 8 NEGRETE g J CURLIN g 10 HERNANDEZ g 11 OBERHELMAN g 12 DEVLIN X 13 POPE-LUDLAM g 14 MILLER % 15 16 17 City G.Lerk 18 The foregoing Resolution is hereby approved this � ti day October 19 °f 1994. 21 21 Ralph Hernandez, Mayor Pr 22 City of San Bernard 23 Approved as to form and legal content: 24 JAMES F. PENMAN, 25 City Attorney 26 BY 27 28 DAB/j- [BC1ub.Res[ 2 94-332 FOR COUNTY USE ONLY E Isw Veneor Code - ot. Connect Number \7\ J M gauge ISC A \% % Contr SCH County Department Dept• Oren. actor i lJcsnse No. PRESCHOOL SERVICES INC. County Department Contract Representative Ph. Em. Amount of Contract HORTENSE BONN, EXEC. DIR. County of San Bernardino Fund I Dept. I Organization I Appr. I Ob]/Rev Source Activity GRC/PROJlJOa Number F A S Commodity Code Estimated Payment Total by Fiscal Year CONTRACT TRANSMITTAL FY Amount uD FY Amount uD Project Name SAN BDNO — PSD — — — BUX,b CLUB CONTRACTOR BOY'S CLUB OF SAN BERNARDINO, INC. Birth Date Federal ID No. or Social Security No. 95-2508873 Contractor's Representative JERRY HERNDON Address 1180 WEST NINTH ST. , SAN BERNARDINO, CA 92411 Phone (909) 888-6751 Nature of Contract: (Briefly describe the general terms of the contract) This Lease Contract is for one (1) year with three (3) one-year options to extend. Leased Premises consist of 6,300 gross square feet of bolding and 8,471 square feet of playground area _ LANDLORD shall provide all exterior maintenance to inchide grounds, parking lot and exterior lighting. LANDLORD to pay water, trash and sewer. COUNTY shall pay for minor interior maintenance,janitorial,and maintain the playground area and pay its pro rata share of utilities and security. _` !. — a (Attach this transmittal to all contracts not prepared on the "Standard Contract" form.) Approved as to Legal Farm Reviewed as to Affirmative Action Reviewed for Processing 10. SEE SIGNATURE PAGE ll� ll� County Counsel Agency Administraor ICAO Date Onto Data 00-1t0ae000 M. 111.0 - r EXHIBIT B• COUNTY'S ALTERATIONS COUNTY, at COUNTYSs expense, shall make the following alterations to the Premises leased: A Bath room: Install six (6) toilets, five (5) sinks and one (1) urinal as shown on Exhib W Premises Leased. B. Paint all interior walls. G Install 9' by 9' carpet in classroom. D. Install tricycle trail and playground equipment in playground area 1 . Plant one (1) tree. F. Fence playground area r TABLE OF CONTENTS PARAGRAPH CAPTION 1 PARTIES 2 PREMISES LEASED 3 TERM 4 RENT 5 OPTION TO EXTEND TERM 6 RETURN OF PREMISES 7 HOLDING OVER 8 TAXES 9 USE 10 HEALTH, SAFETY & FIRE CODE REQUIREMENTS 11 SIGNS 12 MAINTENANCE 13 ALTERATIONS 14 FIXTURES 15 UTILITIES -16 HOLD HARMLESS 17 INSURANCE 18 DESTRUCTION OF PREMISES 19 LANDLORD'S DEFAULT 20 COUNTY S REMEDIES ON LANDLORD'S DEFAULT 21 COUNTY'S DEFAULT 22 LANDLORD'S REMEDIES ON COUNTY'S DEFAULT 23 LANDLORD'S ACCESS TO PREMISES 24 NOTICES 25 INCORPORATION OF PRIOR AGREEMENT 26 WAIVERS 27 AMENDMENTS 28 SUCCESSORS 29 SEVERABILITY 30 TIME OF ESSENCE 31 QUIET ENJOYMENT 32 PROVISIONS ARE COVENANTS & CONDITIONS 33 CONSENT 34 EXHIBITS 35 LAW 36 JURY TRIAL WAIVER 37 COUNTY'S RIGHT TO TERMINATE LEASE 38 CAPTIONS, TABLE OF CONTENTS & COVER PAGE 39 SURVIVAL 40 INTERPRETATIONS Exhibit "A" Premises Leased Exhibit "B" County's Alterations COUNTY OF SAN BERNARDINO LEASE AGREEMENT LANDLORD: Boy's Club of San Bernardino, Inc. 1180 West Ninth Street San Bernardino, Ca 92411 COUNTY: COUNTY OF SAN BERNARDINO Preschool Services Department 250 South Lena Road San Bernardino, CA 92408 PREMISES: 6,300 square feet of the west wing of the building & 8,471 square feet of playground located at: 1180 West Ninth Street San Bernardino, CA 92411 TERM OF LEASE: One (1) year with three (3) one-year options to extend COMMENCEMENT DATE OF LEASE: Upon execution by County COUNTY CONTRACT NUMBER REV. 5/24/94 LEASE AGREEMENT 1. PARTIES: This lease is made between the Boy's Club of San Bernardino, Inc., a non-profit California Corporation ("LANDLORD"), and the County of San Bernardino ("COUNTY"), who agree as follows: 2. PREMISES LEASED: LANDLORD leases to COUNTY and COUNTY leases from LANDLORD 6,300 square feet of the building and 8,471 square feet of playground area and other improvements located at 1180 West Ninth Street, San Bernardino, California ("Premises") as described in Exhibit W. 3. TERM: This lease shall commence upon execution by COUNTY and end twelve (12) months thereafter. 4. RENT; COUNTY shall pay to LANDLORD monthly rental payments due and payable on the tenth (10th) of each month in the amount of Three Thousand Nine Hundred Six and 00/100 Dollars ($3,906.00). Rent for any partial month shall be prorated based on the actual number of days of the month. All rent shall be paid to LANDLORD at the address to which notices to LANDLORD are given. 5. OPTION TO EXTEND TERM: LANDLORD gives COUNTY the option to extend the term of the lease on the same provisions and conditions, except for the monthly rent, for three (3) one-year periods ("extended terms") following expiration of the initial term, by COUNTY giving notice of its intention to exercise the option to LANDLORD prior to the expiration of the preceding term or during any holding over pursuant to Paragraph 7, 'HOLDING OVER.' The rent for each extended term shall be adjusted by good faith negotiation of the parties to the fair market rental then prevailing based upon the rental rates of comparable leased property in San Bernardino County. If the parties have been unable to agree upon the said fair market rental rate within five (5) months of the COUNTY s notice to exercise an option for an extended term, said fair market rental rate shall be determined through arbitration conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association. If the fair market rental rate is determined by arbitration, the COUNTY has the right to terminate the lease by giving termination notice to the LANDLORD within thirty (30) days of being notified of the new fair market rental rate. 6. RETURN OF PREMISES: The COUNTY agrees that it will, upon the termination of this lease or any extension thereof, return the Premises in as good condition and repair as the Premises now are or shall hereafter be put; reasonable wear and tear excepted. 7. HOLDING OVER: In the event the COUN'T'Y shall hold over and continue to occupy the Premises with the consent of the LANDLORD, expressed or implied, the tenancy shall be deemed to be a tenancy from month-to-month upon the same terms and 1 conditions, including rent, as existed and prevailed at the time of the expiration of the term of this lease. 8. TAXES: LANDLORD shall pay all real property taxes, and general and special assessments levied and assessed against the Premises. 9. USE; COUNTY shall occupy and use the Premises during the term hereof for the purposes of COUNTY business. 10. HFS?•TH. SAFETY AND FIRE CODE FO 1IRF. NT : As a condition precedent to the existence of this lease, LANDLORD, at its sole expense, will insure the Premises meet the applicable requirements of the Health, Safety, Fire, and Building Codes for Public Buildings, including any requirements for a notice of completion, certificate of occupancy and the Americans with Disabilities Act ('ADA"). Should the continued occupancy of the leased Premises be in anyway prejudiced or prevented due to changes in the ADA, the Health, Safety or Fire Codes for Public Buildings, the LANDLORD herein shall correct, update and comply with said changes at LANDLORD's cost. 11. SIGNS: COUNTY will display from the windows and/or marquee of the Premises only such sign or signs as are not prohibited by law. 11 MAIMNANCE: a. Except as specifically provided in subparagraph 10d, below, LANDLORD at its cost shall maintain in good condition all portions of the Premises, including but not limited to the following: (1) The structural parts of the building and other improvements that are a part of the Premises, which 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 owned or controlled by LANDLORD 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, beating and ventilating systems servicing the Premises, and; (5) The grounds, including all parking areas and outside lighting, grass, trees, shrubbery and other flora. (6) The servicing of fire extinguishers or any other fire suppression equipment attached to the facility. 2 b. LANDLORD at its cost shall repair the Premises if they are damaged by (1) causes over which COUNTY has no control; (2) acts or omissions of LANDLORD, or its authorized representatives. Q LANDLORD shall have ten (10) days after notice from COUNTY to commence to perform its obligation under this paragraph, except that LANDLORD shall perform its obligations immediately if the nature of the problem presents a material hazard or emergency. If LANDLORD does not perform its obligations within the time limitations in this paragraph, COUNTY after notice to LANDLORD can perform the obligations and have the right to be reimbursed for the sum it actually and reasonably expends (including charges for COUNTY employees and equipment) in the performance of LANDL.ORD's obligations. If LANDLORD does not reimburse COUNTY within ten (10) days after demand from COUNTY, COUNTY shall have the right to withhold from future rent due the sum COUNTY has expended until COUNTY is reimbursed in M. Any notice or demand concerning a material hazard or emergency may be made orally by telephone or otherwise, provided that written confirmation is given within five (5) days after the oral notice of demand is made. Such confirmation shall be made as provided in Paragraph 24, 'NOTICES.' d. COUNTY, at its cost, shall: (1) provide interior maintenance and janitorial services, and keep the interior of the Premises in a clean and orderly condition, reasonable wear and tear excluded and (2) maintain in good condition the playground area. 13. ALTERATIONS: COUNTY shall not make any structural or exterior Jt improvements or alterations to the Premises without LANDLORD's consent. Any such alterations made shall remain on and be surrendered with the Premises on expiration or termination of the lease. LANDLORD does hereby give COUNTY its consent to the alterations as shown on Exhibit "B", County's Alterations. 14. IICTURES: COUNTY 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 COUNTY and may be removed by the COUNTY during the term(s) of this lease or within a reasonable time thereafter, provided that the COUNTY restores the Premises to the condition as it existed at the commencement of this lease, reasonable wear and tear excluded, or the COUNTY in its sole discretion may elect to surrender all or any part of such shelving, fixture, improvements and alterations to the LANDLORD, in which case COUNTY shall have no duty to restore the Premises. Any such election to surrender must be in writing, but need not be accepted by LANDLORD to be effective. 15. UTILITIES: LANDLORD shall furnish to the Premises and pay all service charges and related taxes for water, sewer, trash, electricity, gas and security. LANDLORD shall bill COUNTY monthly; and COUNTY shall pay its pro rata share of twenty-six percent (26%) of all utilities and security for the Premises. COUNTY shall furnish and pay for its own telephone service. 3 16. HOLD HARMLESS: a. COUNTY agrees to indemnify LANDLORD for liability or claim for damage for personal injury, death or property damage resulting from the COUNTY's negligent acts or omissions on the Premises during the term of the lease. b. LANDLORD agrees to indemnify, defend and hold harmless the COUNTY, its officers, agents, volunteers and employees from any and all liabvities for injury to persons and damage to property to or upon the demised Premises arising out of any act or omission of LANDLORD, its agents or invitees. 17. INSURANCE: a. COUNTY is a public entity and is self-insured. b. LANDLORD shall, at its own expense, obtain and maintain the following types and amounts of insurance during the entire term of this lease. (1) Premises liability with combined single limits of S1,000,000.00 including bodily injury/death and/or property damage. (2) Fire Insurance: Standard fire and extended coverage insurance, with vandalism and malicious mischief endorsements to the extent of at least forty percent (40%) of the full replacement value of the Premises. (3) Workers' Compensation Insurance: 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 Dollars ($250,000.00) limits, covering all persons providing services on behalf of the LANDLORD and all risks to such persons under this agreement C. LANDLORD shall immediately furnish certificates of insurance to the COUNTY evidencing the above required insurance coverage upon the commencement of this lease. Within sixty (60) days of the commencement of this lease the LANDLORD shall furnish the COUNTY certified copies of the policies and endorsements. d. COUNTY shall be an additional named insured under all said policy or policies of insurance. All insurance required shall be maintained in full force at all times during this lease by LANDLORD. LANDLORD shall be required to inform COUNTY in writing of any change, expiration or renewal of any insurance policy or policies at least thirty (30) days prior to the effective date of change. Further, each policy shall provide that same shall not be cancelled until a thirty (30) day written notice of cancellation has been marled to Public Works Group - Real Estate Services Department, 825 East Third Street, San Bernardino, CA 92415-0832. All such policies shall contain language to the effect that, (1) the insurer waives the right of subrogation against COUNTY and against any and all of 4 COUNTY's officials, officers, employees, agents and representatives; and, (2) the policies are primary and non-contributing with any insurance that may be carried by COUNTY. C. The above insurance requirements are subject to periodic review by the COUNTY. The COUNTY's Risk Manager is authorized, but not required, to reduce or waive any of the above insurance requirements whenever the Risk Manager determines that any of the above insurance is not available, is unreasonably priced, or is not needed to protect the interests of the COUNTY. In addition, if the Risk Manager determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Risk Manager is authorized, but not required, to 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. (1) Any such reduction or waiver for less than the entire term of the lease (including any option periods) must be in writing and signed by the Risk Manager to be effective. (2) Any such reduction or waiver for the entire term of the lease (including any option periods) and any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this lease. LANDLORD agrees to execute any such amendment within thirty (30) days of receipt L In the event COUNTY receives a thirty (30) day notice of cancellation concerning any of the required policies, or should LANDLORD fail to have in effect the required coverage at anytime during this lease, COUNTY may give notice to LANDLORD to reinstate or acquire the affected coverage. Should LANDLORD fail to reinstate or acquire the affected coverage within ten (10) days of COUNTY s notice to reinstate or acquire such coverage, COUNTY may either terminate the lease, reinstate or acquire the affected coverage, and LANDLORD shall reimburse COUNTY for the necessary cost at COUNTY's option. If LANDLORD does not reimburse COUNTY within ten (10) days after demand by COUNTY, COUNTY shall have the right to withhold from future rent due the sum COUNTY has expended until COUNTY is reimbursed in full. 18. DESTRUCTION OF PREMISES: a. If, during the term of this lease, any casualty renders ten percent(10%) or less of the floor space of the Premises unusable for the purpose intended, LANDLORD shall commence restoration of the Premises within thirty (30) days of notice of the casualty and shall thereafter diligently pursue complete restoration of the Premises within a reasonable time. If LANDLORD does not perform the restoration obligations of this subparagraph within the time limitations set forth, COUNTY may, at its option and in its sole discretion, after notice to LANDLORD, perform the obligations and have the right to be reimbursed for all sums it actually and reasonably expends (including charges for County employees and equipment used) in the performance of LANDLORD's obligations, or COUNTY may terminate this lease by notice to LANDLORD. - If COUNTY performs 5 LANDLORD's obligations under this subparagraph, and LANDLORD does not reimburse COUNTY within thirty (30) days after demand from COUNTY, COUNTY shall have the right to withhold from future rent due the sum COUNTY has expended until COUNTY is reimbursed in full, or institute an action to collect the amount expended without first withholding rent due. b. If during the term of this lease, any casualty renders more than ten percent (10%) but less than twenty-five percent (25%) of the floor space of the Premises unusable for the purpose intended, LANDLORD shall commence restoration of the Premises within ninety (90) days of notice of the casualty and shall thereafter diligently pursue complete restoration of the Premises within a reasonable time. If LANDLORD does not perform the restoration obligations of this subparagraph within the time limitations set forth, COUNTY may, at its option and in its sole discretion, after notice to LANDLORD, perform the obligations and have the right to be reimbursed for all sums it actually and reasonably expends (including charges for County employees and equi,pment used) in the performance of LANDLORD's obligations, or COUNTY may terminate this lease by notice to LANDLORD. If COUNTY performs LANDLORD's obligations under this subparagraph, and LANDLORD does not reimburse COUNTY within thirty (30) days after demand from COUNTY, COUNTY shall have the right to withhold from future rent due the sum COUNTY has expended until COUNTY is reimbursed in full, or institute an action to collect the amount expended without first withholding rent due. Q If,during the term of this lease,any casualty renders at least twenty-five percent (25%) but less than forty percent (40%) of the floor space of the Premises unusable for the purpose intended, COUNTY shall within thirty (30) days of the casualty and at its option and in its sole discretion, terminate this lease by notice to LANDLORD or request LANDLORD to restore the Premises. If COUNTY requests LANDLORD to restore the Premises, the LANDLORD shall either terminate this lease by notice to COUNTY within ten (10) days of receiving COUNTY's request for restoration or commence restoration of the Premises within ninety (90) days of receiving COUNTY s request for restoration and thereafter diligently pursue complete restoration of the Premises within a reasonable time. If LANDLORD does not terminate the lease and does not perform the restoration obligations of this subparagraph within the time limitations set forth, COUNTY may, at its option and in its sole discretion, after notice to LANDLORD, perform the obligations and have the right to be reimbursed for all sums it actually and reasonably expends (including charges for County employees and equipment used) in the performance of LANDLORD's obligations, or COUNTY may terminate this lease by notice to LANDLORD. If COUNTY performs LANDLORD's obligations under this subparagraph, and LANDLORD does not reimburse COUN'T'Y within thirty (30) days after demand from COUNTY, COUNTY shall have the right to withhold from future rent due the sum COUNTY has expended until COUNTY is reimbursed in full, or institute an action to collect the amount expended without first withholding rent due. d. If, during the term of the lease, any casualty renders forty percent (40%a) or more of the floor space of the Premises unusable for the purpose intended, this lease shall be terminated as of the date of the casualty. If the lease is terminated pursuant to this subparagraph, COUNTY shall have a reasonable time to vacate the Premises, and 6 shall not be required to pay rent during the reasonable time required to vacate the Premises. C. In the event there is a destruction of a portion of the Premises as set out in paragraphs "a", "b", and "c" above, there shall be an abatement or reduction of the rent between the date of destruction and the date of completion of restoration or the date of termination of this lease, whichever comes first. The abatement or reduction of the rent shall be in the percentage as the percentage of unusable floor space. Unusable floor space for the purpose of calculating the percentage of rent abatement or reduction shall include not only that floor space which is rendered unusable for the purpose intended by the casualty itself, but any additional floor space which is not usable for the purpose intended because of restoration or similar activities. L In the event there is a destruction of a portion of the Premises as set out in subparagraphs "a", "b", and "c" above, and the lease is not terminated because of such destruction, LANDLORD agrees to use any and all insurance proceeds received for said destruction in the restoration of the Premises. g. In the event LANDLORD is required to restore the Premises as provided in this paragraph, LANDLORD shall restore, at LANDLORDS expense, any structural or exterior improvements or alterations to the Premises made by COUNTY pursuant to Paragraph 13, 'ALTERATIONS,' of this lease, but shall not be responsible for restoring any shelving, fixtures, or interior nonstructural improvements or alteration made by the COUNTY pursuant to Paragraph 14, 'FDrTURES; of this lease. It. It is the purpose and intent of this paragraph to determine who shall bear the initial responsibility for restoration of the Premises in the event of any such destruction and not to determine the party responsible for the ultimate costs of such restoration. 19. LANDLORD'S DEFAULT: Except where another time limit is specifically provided, LANDLORD shall be in default of this lease if it fails or refuses to perform any material provisions of this lease that it is obligated to perform if the failure to perform is not cured within thirty (30) days after notice of such default has been given by COUNTY to LANDLORD. If the default cannot be reasonably be cured within thirty (30) days, LANDLORD shall not be in default of this lease if LANDLORD commences to cure the default within the thirty (30) day period and diligently and in good faith continues to cure the default. 20. COUNTYS REMEDIES COUNTY ON LANDLORDIS D FALL T• COUNTY, at anytime after LANDLORD is in default, can terminate this lease or can cure the default at LANDLORD's cost. If COUNTY at anytime, by reason of LANDLORDSs default, pays any sum or does any act that requires the payment of any sum, the sum paid by COUNTY shall be due from LANDLORD to COUNTY within five (5) days of notice of such sum, at the time the sum is paid, and if paid at a later date shall bear interest at the maximum rate the COUNTY is permitted by law to charge from the date the sum is paid by COUNTY until COUNTY is reimbursed by LANDLORD. .If LANDLORD fails to reimburse 7 COUNTY as required by this paragraph, COUNTY shall have the right to withhold from future rent due the sum COUNTY has paid until COUNTY is reimbursed in full for the sum and interest on it. The remedies set forth in this paragraph are in addition to and do not in any manner limit other remedies set forth in particular paragraphs of this lease. 21. COUNTY'S DEFAULT: The occurrence of any one or more of the following events shall constitute a default and breach of this lease by COUNTY: a. The vacating for more than thirty (30) consecutive days or abandonment of the Premises by COUNTY. b. The failure by COUNTY to perform any material provisions of this lease to be performed by COUNTY, including the payment of rent,where such failure shall continue for a period of thirty (30) days after notice by LANDLORD to COUNTY; provided, however, that if the nature of COUNTYSs default is such that more than thirty (30) days are reasonably required for its cure, then COUNTY shall not be deemed to be in default if COUNTY commences such cure within said thirty (30) day period and thereafter diligently prosecutes such cure to completion. The purpose of this notice requirement is to extend the notice requirements of the unlawful detainer statutes of California. 22. LANDLORD'S REMEDIES ON COUNTY'S DEFAULT: In the event of any material default by COUNTY which is not cured by COUNTY, LANDLORD may, at its election,terminate this lease by giving COUNTY thirty(30) days notice of termination. The purpose of this notice requirement is to extend the notice requirement of the unlawful detainer statutes of California On termination of the lease for default pursuant to this paragraph, LANDLORD shall have the right to recover from COUNTY only the following amounts for any and all damages which may be the direct or indirect result of such default: a. The worth, at the time of the award, of the unpaid rent that has been earned at the time of termination of this lease; and b. The worth,at the time of the award, of the amount by which the unpaid rent that would have been earned after the date of termination of this lease until the time of award exceeds the amount of the loss of rent that LANDLORD proves could not have been reasonably avoided; and C. The worth,at the time of the award, of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of the loss of rent that LANDLORD proves could not have been reasonably avoided; and d. Any other amount, and court costs, necessary to compensate LANDLORD for all detriment proximately caused by COUNTY s default which LANDLORD proves could not have been reasonably avoided. 'Ilse worth, at the time of the award," as used in"a" and"b" of this paragraph, is to be computed by allowing interest at the maximum rate an individual is permitted by 8 law to charge. 'The worth, at the time of the award," as referred to in"c" of this paragraph, is to be computed by discounting the amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus one percent (1%). 23. r.sNDLORD'S ACCESS TO PREMISES: LANDLORD and its 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; b. To do any necessary maintenance and to make any restoration to the Premises that LANDLORD has the right or obligation to perform. C. To serve, post, or keep posted any notices required by law; d. To post "for sale" signs at anytime during the term, to post 'for rent" or "for lease" signs during the last three (3) months of the term; and C. To show the Premises to prospective brokers, agents, buyers, tenants, lenders or persons interested in an exchange, at anytime during the term. LANDLORD shall conduct its activities on the Premises as allowed in this paragraph in a manner that will cause the least possible inconvenience, annoyance, or disturbance to COUNTY. 24. NOTICES: Any notice,demand,request,consent,approval,or communicati on that either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class marl. 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. LANDLORD's address: Boy's Club of San Bernardino, Inc. 1180 West Ninth Street San Bernardino, CA 92411 COUNTY's address: Preschool Services Department 250 South Lena Road San Bernardino, CA 92408 25. 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 lease, and no prior agreement or understanding pertaining to any such matter shall be effective for any purpose. 9 26. WAR 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. 27. ' Ate: 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. 28. SUCCESSORS: This lease shall inure to the benefit of and be binding upon the heirs, executors, administrators, successors, and assigns of the parties hereto. 29. SEVERABILTTY, 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. 30. 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. 31. QUIET ENJOYMENT: Subject to the provisions of this lease and conditioned upon performance of all the provisions to be performed by COUNTY hereunder, LANDLORD shall secure to COUNTY during the lease term the quiet and peaceful possession of the Premises and all right and privilege appertaining thereto. 32. 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. 33. CONSENT: Whenever consent or approval of either party is required that party shall not unreasonably withhold such consent or approval- 34. EXHIBITS: All exhibits referred to are attached to this lease and incorporated by reference. 35. JAM- This lease shall be construed and interpreted in accordance with the laws of the State of California. 36. JURY TRIAL WAIVER: LANDLORD and COUNTY 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 LANDLORD against COUNTY or COUNTY against LANDLORD on any matter whatsoever arising out of, or in any way connected with,this lease,the relationship of LANDLORD and COUNTY, COUNTY 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 10 37. COUNTY'S RIGHT TO TE_R_MUU Ls S& The COUNTY shall have the right to terminate this lease at anytime whenever COUNTY, in its sole discretion, determines it would be in COUNTrs best interests to terminate this lease. COUNTY shall give LANDLORD notice of any termination pursuant to this paragraph at least thirty(30) days prior to the date of termination. 38. CAPTIONS. TABLE OF CONTENO AND COVER PAGE The paragraph captions, table of contents and the cover page of this lease shall have no effect on its interpretations. 39. SURVIVAL The obligations of the parties which, by their nature, continue beyond the term of this lease, will survive the terminati on of this lease. 11 .ararrr�rtrr�. 40. 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. END OF LEASE TERMS. COUNTY OF SAN BERNARDINO LANDLORD: BOY'S CLUB OF SAN BERNARDINO,IN( By Chairman, Board of Supervisors UqDON Title irector Dated: Dated: SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD EARLENE SPROAT, Clerk of the Board of Supervisors By: Deputy Approved as to Legal Form: ALAN K MARKS, County Counsel By�� ( � Deputy / Dated: h - (C7 - I�h 12 ® cap cu c y ro F O® o W ; 14 QWpp Y W tv tv f+ H W M Ea W W H W 2 to m N O W M ❑ b H H DI 30 s y y Y ❑ O y W b Z 3 O W y N tj �v 00 O 0 w Y I Y z O O a I j� m / •I I M hl O \ D A �J + D ❑ m � 2 i Z _I � 0 II Z co a N I I EXHIBIT 'B' COUNTY'S ALTERATIONS COUNTY, at COUNI'Y's expense, shall make the following alterations to the Premises leased: A. Bath room: Install six (6) toilets, five (5) sinks and one (1) urinal as shown on Exhil "A" Premises Leased. B. Paint all interior walls. C. Install 9' by 9' carpet in classroom. D. Install tricycle trail and playground equipment in playground area. I— Plant one (1) tree. F. Fence playground area.