HomeMy WebLinkAbout31- Facilities Management CITY OF 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 Behavioral Health).
Date: February 3, 2000 0 R I G 6)%'A 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 . Shazer
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:
I / �
Agenda/
Ov/�(t�o
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
BE
Resolution approving a sublease of certain City property leased to the Boys and Girls Club (County Behavioral
Health)
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. 9i° 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 monies generated by this lease go to the
Boys and Girls Club to pay operating expenses. This arrangement has worked well for all parties. The County would
now like to expand its services to the public at the Boys and Girls Club by offering family counseling services through
its Behavioral Health Department The County is requesting to lease 455 square feet of space for$546.00 per month
this purpose.
This resolution would set up a lease agreement for three (3) years with three (3) one-year options to extend.All other
terms of the agreement would be the same as the sublease to Preschool Services.
FINANCIAL IMPACT
There is no fiscal impact.
I
RECOMMENDATION
jThat the Mayor and Common Council adopt the Resolution approving a sublease of certain City Property leased to
the Boys and Girls Club (County Behavioral Health).
I
I
COPY
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 BEHAVIORAL HEALTH),
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 (Behavioral Health) for family counseling services,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, the County has agreed to promptly amend Section 16 (a) of the Sublease
17 Agreement to add the County's agreement to indemnify the City Of San Bernardino;
18 NOW,THEREFORE, be it resolved by the Mayor and Common Council of the City of
19 San Bernardino that the sublease from the Boys Club to the County of San Bernardino (County
20 Behavioral Health) in the form of the "Sublease Agreement" attached hereto as Exhibit A and
21 incorporated herein is hereby approved,with the inclusion of an amendment to Section 16 (a)
22
adding the County's agreement to indemnify the City Of San Bernardino.
23
24
25
26
27
28 /
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF SAN
2 BERNARDINO APPROVING A SUBLEASE OF CERTAIN CITY PROPERTY
LEASED TO THE BOYS CLUB (COUNTY BEHAVIORAL HEALTH).
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: Ares NN= Abstain Absent
8
ESTRADA —
9
LIEN _
10
11 MCGINNIS —
12 SCHNETZ —
13 SU.AREZ —
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
BY:
26
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FOR COUNTY Of VLY
Iy Ncw Vendor Code (� - - aaaacc• u er
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County Deparmlent Dept. Orgtt. Cw=wr's License No.
Real Estate Services Deparroacrot
County Depann=,Con"et Repretenubve PR Far. AmotwtufConneer
John Yuhas,Pro env Manager 7-2767
County of San Bernardino Fund Dept. Orgmiranon Appr. ObjrRev source Acuvuy GRUPROWOB Number
F A S AAA MLH MLH 200 29 is N31128
CONTRACT TRANSMITTAL CommodiryCode FsumatedPaymmtToulbyFsealYw
FY Amount VD FY Armunt VD
Project Nana _
SAN BERNARDINO-
DBH-Boy's Club
CONTRACTOR BOY'S CLUB OF SAN BERNARDINO,INC.
Birth Date Federal ID No.or Social Security No. 95-2508873
Contractor's Represenmuve Clifford Hackney,Executive Director
Address 1180 West Ninth Street. San Bernardino, CA 92411 Phone (909)888-6751
Nature of Contract. (Briefly describe the general terms of the contract)
This Sublease Agreement is for three (3) years with three (3) one-year options to extend. Subleased
Premises consist of 455 square feet of building and the use of the common facilities.
SUBLANDLORD shall provide all utilities,maintenance, and janitorial service.
(Attach this transmittal to all contracts norprepared on the "Standard Contract"form)
Approved u w Legal Faro Reviewed u w AtYrrradve ACGM Reviewed foT Processing
SEE SIGNATURE PAGE ► 0.
=aunty Counsel Agency AdmIrirrawtCAO
Date Date
Dab
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COUNTY OF SAN BERNARDINO
LEASE AGREEMENT
SUBLANDLORD: Boy's Club of San Bernardino, Inc.
1180 West Ninth Street
San Bernardino, CA 92411
COUNTY: COUNTY OF SAN BERNARDINO
Internal Services Group
Real Estate Services Depamnent
825 E. Thud Street
San Bernardino, CA 92415-0832
PREMISES: 455 square feet located at:
1180 West Ninth Street
San Bernardino, CA 92411
TERM OF LEASE: Three(3) years with three (3)one-year options
COMMENCEMENT DATE OF LEASE: April 1, 1999
COST PER SQUARE FOOT: $1.20 full service gross
COUNTY CONTRACT NUMBER:SAO-01 �
REV. 11/15/99
TYPED: 9/13199
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TABLE OF CONTENTS
PARAGRAPH CAPTION PAGE
1 PARTIES
2 PREMISES SUBLEASED
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 SUBLANDLORD'S DEFAULT
20 COUNTY'S REMEDIES ON SUBLANDLORD'S DEFAULT
21 COUNTY'S DEFAULT
22 SUBLANDLORD'S REMEDIES ON COUNTY'S DEFAULT
23 SUBLANDLORD'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 SUBLEASE
38 CAPTIONS,TABLE OF CONTENTS & COVER PAGE
39 SURVIVAL
40 COUNTY'S CHILD SUPPORT COMPLIANCE PROGRAM
41 INTERPRETATIONS
Exhibit A, Premises
Exhibit B, Principal Owner Information Form
Exhibit C, Child Support Compliance Program Certification
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SUBLEASE AGREEMENT
WHEREAS, the Boy's Club of San Bernardino, Inc., a non-profit California
Corporation ("Boy's Club") and the City of San Bernardino, a municipal corporation ("City")
have previously entered a Lease Agreement dated November 25, 1981, and amended on July 11,
1984, (the "Master Lease") for certain real property located at 1180 West Ninth Street, San
Bernardino, California(the "Property");and,
WHEREAS, the purpose of the Master Lease is to provide for the operation of a
neighborhood facility for non-profit public and private agencies whose primary purposes are to
provide physical, educational, vocational rehabilitative, preventive or recreational services to the
community; and,.
WHEREAS, the County of San Bernardino, Department of Behavioral Health
("COUNTY") desires to provide counseling services and related activities on a portion of the
Property; and the Boy's Club desires to sublease to the COUNTY; and,
WHEREAS, the Master Lease requires, and the City has agreed in writing, to a sublease
of the Property.
NOW, THEREFORE,the parties agree as follows:
1. PARTIES: This sublease is made between the Boy's Club of San Bernardino,
Inc., a non-profit California Corporation (hereafter the "SUBLANDLORD"), and the County of
San Bernardino ("COUNTY"), who agree as follows;
2. PREMISES LEASED: SUBLANDLORD subleases to COUNTY and COUNTY
subleases from SUBLANDLORD 455 square feet of the building and the joint use of common
facilities on a scheduled basis, and other improvements located at 1180 West Ninth Street, San
Bemardino, California("Premises"), as described in Exhibit A.
3. TERM: This sublease shall commence April 1, 1999 and end March 31, 2002.
4. RENT:
a. COUNTY shall pay to SUBLANDLORD monthly rental payments in
arrears on or before the last day of the month in the amount of Five Hundred Fifty and 00/100
Dollars ($550.00).
b. The rent in subparagraph 4a. above, shall be subject to annual
adjustment beginning April 1, 2000, and annually thereafter based on the change in the
Consumer Price Index as provided below:
The base for computing the adjustment is the Consumer Price Index
("C.P.I."), Pacific Cities and U.S. City Average, All Items, Los Angeles, Anaheim and Riverside,
Urban Wage Earners and Clerical Workers (1982-1984 = 100), published by the United States
Department of Labor, Bureau of Labor Statistics ("Index"), which is in effect two (2) months
prior to the date of the commencement of the initial term ("Beginning Index"). The Index in
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effect two (2) months prior to the adjustment date in question ("Extension Index") is to be used
in determining the amount of the adjustment. If the Extension Index has increased over the
Beginning Index, the monthly rent for the following year(until the next rent adjustment) shall be
set by multiplying the monthly rent in effect at the beginning of the initial term by a fraction,the
numerator of which is the Extension Index and the denominator of which is the Beginning Index.
In no case shall the new monthly rent be more than four percent (4%) greater than the rent in
effect immediately prior to the adjustment date then occurring.
If the Index is changed so that the base year differs from that in effect
when the term commences,the Index shall be convened in accordance with the conversion factor
published by the United States Department of Labor, Bureau of Labor Statistics. If the Index is
discontinued or revised during the term, such other government index or computation with which
it is replaced shall be used in order to obtain substantially the same result as would be obtained if
the Index had not been discontinued or revised.
C. Rent for any partial month shall be prorated based on the actual number of
days of the month. All rent shall be paid to SUBLANDLORD at the address to which notices ro
SUBLANDLORD are given.
5. OPTION TO EXTEND TERM:
a. SUBLANDLORD gives COUNTY the option to extend the term of the
sublease 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 SUBLANDLORD prior to the expiration of the
preceding term or during any holding over pursuant to Paragraph 7, MOLDING OVER. The
rent for each extended term shall be adjusted by good faith negotiation of the parties to the fair
market rental rate 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 rare 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 sublease by
giving termination notice to the SUBLANDLORD 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 any
termination of this sublease 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. MOLDING OVER: In the event the COUNTY shall hold over and continue to
occupy the Premises with the consent of the SUBLANDLORD, expressed or implied, the
tenancy shall be deemed to be a tenancy from month-to-month upon the same terms and
conditions, including rent, as existed and prevailed at the time of the expiration of the term of
this sublease.
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8. TAXES: SUBLANDLORD 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. HEALTH, SAFETY AND FIRE CODE REQUIREMENTS: As a condition
precedent to the existence of this sublease, SUBLANDLORD, at its sole expense, will ensure the
Premises meet the applicable requirements of the Health, Safety, Fire and Building Codes for
public and governmental 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 subleased Premises be in any way prejudiced or prevented due to changes in the
ADA or the Health, Safety or Fire Codes for Public Buildings,the SUBLANDLORD herein shall
correct,update and comply with said changes at SUBLANDLORD'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.
12. MAINTENANCE:
a. SUBLANDLORD 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; and,
. (2) The electrical, plumbing, and sewage systems, including, without
limitation, those portions of the systems owned or controlled by SUBLANDLORD lying outside
the Premises; and,
(3) Window frames, gutters,and downspouts on the building and other
improvements that are a part of the Premises; and,
(4) Air conditioner, heating and ventilating systems servicing the
Premises; and,
(5) The grounds, including all parking areas and outside lighting,
grass, trees, shrubbery and other flora; and,
(6) The servicing of fire extinguishers or any other fire suppression
equipment attached to the facility; and,
(7) Interior maintenance and janitorial services.
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b. SUBLANDLORD 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 SUBLANDLORD,
or its authorized representatives.
C. SUBLANDLORD shall have ten (10) days after notice from COUNTY to
commence to perform its obligation to repair under this paragraph, except that SUBLANDLORD
shall perform its obligations immediately if the nature of the problem presents a material hazard
or emergency. If SUBLANDLORD does nor perform its obligations within the time limitations
in this paragraph, COUNTY after notice to SUBLANDLORD 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 SUBL AINDLORD's obligations.
If SUBLANDLORD does not reimburse COUNTY within ten (10) days after demand from
COUNTY, COUNTY shall have the right to withholding from future rent due the sum COUNTY
has expended until COUNTY is reimbursed in full. Any notice or demand concerning a material
hazard or emergency may be made orally by telephone or otherwise, provided that written
confirmation is given within five (5) days after the oral notice of demand is made. Such
confirmation shall be made as provided in Paragraph 24, NOTICES.
13. ALTERATIONS: COUNTY shall not make any structural or exterior
improvements or alterations to the Premises without SUBLANDLORD's consent. Any such
alterations made shall remain on and be surrendered with the Premises on expiration or
termination of the lease.
14. FIXTURES: COUNTY shall have The right during the terms of this sublease to
install shelving and fixtures, and make interior, non-snuctural 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 terms of this sublease or within a
reasonable time thereafter, provided that the COUNTY restores the Premises to the condition as
it existed at the commencement of this sublease, 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 SUBLANDLORD, 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 SUBLANDLORD to be effective.
15. UTILITIES: SUBLANDLORD shall furnish to the Premises and pay all service
charges and related taxes for water, sewer, trash, electricity, and gas prior to delinquency.
16. HOLD HARMLESS:
a. COUNTY agrees to indemnify SUBLANDLORD for liability or claim for
damage for personal injury, death or property damage resulting from COUNTY s negligent acts
or omissions on the Premises during the term of the sublease.
b. SUBLANDLORD agrees to indemnify, defend and hold harmless the
COUNTY, its officers, agents and volunteers and employees from any and all liabilities for
injury to persons and damage to property to or upon the demised Premises arising out of any
negligent acts or omissions of SUBLANDLORD, its agents, or invitees.
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17. INSURANCE:
a. COUNTY is a public entity and is self-insured.
b. SUBLANDLORD agrees to indemnify, defend and hold harmless the
COUNTY, its officers, agent$, volunteers and employees from any and all liabilities for injury to
persons and damage to property to or upon the demised Premises arising out of any act or
omission of SUBLANDLORD, its agents or invitees.
(1) Premises liability with combined single limits of $1,000,000.00
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 0/0)
of the full replacement value of the Premises.
(3) 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 Dollars ($250,000.00) limits, covering
all persons providing services on behalf of the SUBLANDLORD and all risks to such persons
under this agreement.
C. SUBLANDLORD shall immediately furnish certificates of insurance to
the COUNTY evidencing the above required insurance coverage upon the commencement of this
sublease. Within sixty (60) days of the commencement of this sublease the SUBLANDLORD
shall furnished 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 sublease by SUBLANDLORD. SUBLANDLORD 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 mailed to
Preschool Services Department, 250 South Lena Road, San Bernardino, CA 92415. 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 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.
e. 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
L 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
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u u
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
sublease (including any option periods) must be in writing and signed by the Risk Manger to be
effective.
(2) Any such reduction or waiver for the entire term of the sublease
(including any option periods) and any change requiring additional types of insurance coverage
or high coverage limits must be made by amendment to this sublease. SUBLANDLORD agrees
to execute any such amendment within thirty (30)days of receipt.
f. In the event COUNTY receives a thirty (30) day notice of cancellation
concerning any of the required policies, or should SUBLANDLORD fail to have in effect the
required coverage at any time during this sublease, COUNTY may give notice to
SUBLANDLORD to reinstate or acquire the affected coverage. Should SUBLANDLORD 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 sublease, reinstate or acquire the
affected coverage, and SUBLANDLORD shall reimburse COUNTY for the necessary cost at
COUNTY's option. If SUBLANDLORD 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 sublease, any casualty renders ten percent (10%)
or less of the floor space of the Premises unusable for the purpose intended, SUBLANDLORD
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 SUBLANDLORD 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
SUBLANDLORD, perform the obligations and have the right to be reimbursed for all stuns it
actually and reasonably expends (including charges for County employees and equipment used)
in the performance of SUBLANDLORD's obligations, or COUNTY may terminate this sublease
by notice to SUBLANDLORD. If COUNTY performs SUBLANDLORD's obligations under
this subparagraph, and SUBLANDLORD 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 sublease, any casualty renders more than ten
percent (10%) but Iess than twenty-five percent (25%) of the floor space of the Premises
unusable for the purpose intended, SUBLANDLORD 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 SUBLANDLORD does not
perform the restoration obligations of this subparagraph within the time limitations set forth,
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COUNTY may, at its option and in its sole discretion, after notice to SUBLANDLORD, 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
SUBLANDLORD's obligations, or COUNTY may terminate this sublease by notice to
SUBLANDLORD. If COUNTY performs SUBLANDLORD's obligations under this
subparagraph, and SUBLANDLORD does not reimburse COUNTY within thirty (30) days after
demand from COUNTY, COUNTY shall have the right to withhold from future rent due the stag
COUNTY has expended until COUNTY is reimbursed in full, or institute an action to collect the
amount expended without fast withholding rent due.
C. If during the term of this sublease, 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 sublease by notice to SUBLANDLORD or request
SUBLANDLORD to restore the Premises. If COUNTY requests SUBLANDLORD to restore
the Premises, the SUBLANDLORD shall either terminate this sublease 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
SUBLANDLORD does not terminate the sublease 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 SUBLANDLORD, 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 SUBLANDLORD's
obligations, or COUNTY may terminate this sublease by notice to SUBLANDLORD. If
COUNTY performs SUBLANDLORD's obligations under this subparagraph, and
SUBLANDLORD 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.
d. If during the term of the sublease, any casualty renders forty percent(40%)
or more of the floor space of the Premises unusable for the purpose intended, this sublease shall
be terminated as of the date of the casualty. If the sublease is terminated pursuant to this
subparagraph, COUNTY shall have a reasonable time to vacate the Premises and shall not be
required to pay rent during the reasonable time required to vacate the Premises.
e. In the event there is a destruction of a portion of the Premises as set out in
subparagraphs 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
sublease, 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.
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f. In the event there is a destruction of a portion of the Premises as set out in
subparagraphs a, b and c, above, and the lease is not terminated because of such destruction,
SUBLANDLORD agrees to use any and all insurance proceeds received for said destruction in
the restoration of the Premises.
g. In the event SUBLANDLORD is required to restore the Premises as
provided in this paragraph, SUBLANDLORD shall restore, at SUBLANDLORD's expense, any
structural or exterior improvements or alterations to the Premises made by COUNTY pursuant to
Paragraph 13, ALTERATIONS, of this sublease, but shall not be responsible for restoring any
shelving, fixtures, or interior nonstructural improvements or alteration made by the COUNTY
pursuant to Paragraph 14, FIXTURES, of this sublease.
h. 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. SUBLANDLORD'S DEFAULT: Except where another time limit is specifically
provided, SUBLANDLORD shall be in default of this sublease if it fails or refuses to perform
any material provisions of this sublease 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
SUBLANDLORD. If the default cannot reasonably be cured within thirty (30) days,
SUBLANDLORD shall nor be in default of this sublease if SUBLANDLORD commences to
cure the default within the thirty, (30) day period and diligently and in good faith continues to
cure the default.
20. COUNTY'S REMEDIES ON SUBLANDLORD'S DEFAULT: COUNTY, at
anytime after SUBLANDLORD is in default, can terminate this sublease or can cure the default
at SUBLANDLORD's cost. If COUNTY at any time, by reason of SUBLANDLORD's default,
pays any sum or does any act that requires the payment of any sum, the sum paid by COUNTY
shall be due from SU13LANDLORD to COUNTY within five (5) days of notice of such sum, and
if paid at a later date shall bear interest at the maximum rare the COUNTY is permitted by law to
charge from the date the sum is paid by COUNTY until COUNTY is reimbursed by
SUBLANDLORD. If SUBLANDLORD fails to reimburse 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 sublease.
21. COUNTY'S DEFAULT: The occurrence of any one or more of the following
events shall constitute a default and breach of this sublease by COUNTY:
a The vacating for more thah'rhirry(30) consecutive days or abandonment of
the Premises by COUNTY.
b. The failure by COUNTY to perform any material provisions of this
sublease 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 SUBLANDLORD to COUNTY;
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provided, however, that if the name of COUNTY's default is such that more than thirty (30) days
are reasonably required for its cure, then COUNTY shall not be deemed to be in default if
COUNTY commences such cure within said thirty (30) day period and thereafter diligently
prosecutes such cure to completion. The purpose of this notice requirement is to extend the
notice requirements of the unlawful detainer statutes of California.
22. SUBLANDLORD'S REMEDIES ON COUNTY'S DEFAULT: In the event of
any material default by COUNTY which is not cured by COUNTY, SUBLANDLORD may, at
its election, terminate this sublease 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 sublease for default pursuant to this
paragraph, SUBLANDLORD 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 sublease; 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 sublease until the time of
award exceeds the amount of the loss of rent that SUBLANDLORD 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
SUBLANDLORD proves could not have been reasonably avoided; and,
d. Any other amount necessary to compensate SUBLANDLORD for all
detriment proximately caused by COUNTY's default which SUBLANDLORD proves could not
have been reasonably avoided.
"The worth, at the time of the award," as used in subparagraphs a and b of this
paragraph, is to be computed by allowing interest at the maximum rate an individual is permitted
by law to charge. "The worth, at the time of the award," as referred to in subparagraph 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. SUBLANDLORD'S ACCESS TO PREMISES: SUBLANDLORD 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; and,
b. To do any necessary maintenance and to make any restoration to the
Premises that SUBLANDLORD has the right or obligation to perform; and,
c. To serve, post, or keep posted any notices required by law; and,
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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; and,
C. To show the Premises to prospective brokers, agents, buyers, tenants,
lenders or persons interested in an exchange,at any time during the term.
SUBLANDLORD 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:
a. Any notice, demand, request, consent, approval, or communication that
either parry 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 mail. Any notice, demand, request,
consent, approval, or communication that either parry desires or is required to give to the other
_parry 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.
SUBLANDLORD's address: Boy's Club of San Bernardino,Inc.
1180 West Ninth Street
San Bernardino, CA 92411
COUNTY's address: Real Estate Services Department
825 East Third Street
San Bernardino, CA 92415-0832
25. INCORPORATION OF PRIOR AGREEMENT: This sublease contains all of
the agreements of the parties hereto with respect to any matter covered or mentioned in this
sublease, and no prior agreement or understanding pertaining to any such matter shall be
effective for any purpose.
26. WAIVERS: No waiver by either parry of any provisions of this sublease shall be
deemed to be a waiver of any other provision hereof or of any subsequent breach by either parry
Of the Same or any other provisions.
27. AMENDMENTS: No provision of this sublease 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 sublease.
28. SUCCESSORS: This sublease shall inure to the benefit of and be binding upon
the heirs, executors, administrators, successors, and assigns of the parties hereto.
29. SEVERABILITY: If any word, phrase, clause, sentence, paragraph, section,
article, part or portion of this sublease is or shall be invalid for any reason, the same shall be
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u
deemed severable from the remainder hereof and shall in no way affect or impair the validity of
this sublease or any other portion thereof.
30, TIME OF ESSENCE: Time is of the essence of each provision of this sublease
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 sublease and
conditioned upon performance of all the provisions to be performed by COUNTY hereunder,
SUBLANDLORD shall secure to COUNTY during the sublease 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 parry shall be deemed to be both covenants
and conditions.
33. CONSENT: Whenever consent or approval of either parry is required that party
shall not unreasonably withhold or delay such consent or approval.
34. EXHIBITS: All exhibits referred to are attached to this sublease and
incorporated by reference.
35. LAW: This sublease shall be Construed and interpreted in accordance with the
laws of the State of California.
36. JURY TRIAL. WAIVER, SUBLANDLORD 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 SUBLANDLORD against COUNTY or
COUNTY against SUBLANDLORD on any matter whatsoever arising out of, or in any way
connected with, this sublease, the relationship of SUBLANDLORD 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.
37. COUNTY'S RIGHT TO TERMINATE SUBLEASE: The COUNTY shall
have the right to terminate this sublease at any time whenever COUNTY, in its sole discretion,
determines it would be in COUNTY's best interests to terminate this sublease. COUNTY shall
give SUBLANDLORD notice of any termination pursuant to this paragraph at least thirty (30)
days prior to the date of termination.
38. CAPTIONS, TABLE OF CONTENTS AND COVER PAGE: The paragraph
captions, table of contents and the cover page of this sublease shall have no effect on its
interpretations.
39. SURVIVAL: The obligations of the parties which, by their nature, continue
beyond the term of this sublease, will survive the termination of this sublease.
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40. COUNTY'S CIITLD SUPPORT COMPLIANCE PROGRAM:
a. SUBLANDLORD's Warranty of Adherence to COUNTY's Child Support
Compliance Program: SUBLANDLORD acknowledges that COUNTY has established a goal
of ensuring that all individuals who benefit financially from COUNTY through contracts are in
compliance with their court-ordered child, family and spousal support obligations in order to
mitigate the economic burden otherwise imposed upon COUNTY and its taxpayers. As
required by COUNTY's Child Support Compliance Program (County Code section 110.0101 et
seq.) and without limiting SUBLANDLORD's duty under this sublease to comply with all
applicable provisions of law, SU13LANDLORD warrants that it is now in compliance and shall
during the term of this sublease maintain compliance with employment and wage reporting
requirements as required by the Federal Social Security Act (42 USC section 653a) and
California Unemployment Insurance Code section 1088.5, and shall implement all lawfully
served Wage and Earnings Withholding Orders or District Attorney Notices of Wage and
Earnings Assignment for Child or Support, pursuant to Code of Civil Procedure section 706.031
and Family Code section 5246(b). SUBLANDLORD hereby certifies that it has submitted to
the COUNTY a completed Principal Owner Information Form (Exhibit B), and Child Support
Compliance Program Certification(Exhibit C).
b. Termination for Breach of Warranty to Maintain Compliance with
COUNTY's Child Support Compliance Program: Failure of SUBLANDLORD to maintain
compliance with the requirements set forth in the preceding subparagraph shall constitute a
default by SUBLANDLORD under this sublease. Without limiting the rights and remedies
available to COUNTY under law or under any other provision of this sublease, failure to cure
such default within ninety (90) days of notice by the San Bernardino County District Attorney
shall be grounds upon which the COUNTY may terminate this sublease.
* + + + + +
* # # # * *
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41. 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 parry hereto.
END OF LEASE TERMS.
COUNTY OF SAN BERNARDINO SUBLANDLORD: BOY'S CLUB
OF SAN BERNARDINO, INC.
Manuel Ahuero, Director, Real Estate Services Dept. Cliff6rd Hackney
Dated: z&&Q Title: Executive Director
Dated: / Z— I-99
Approved as to Legal Form:
ALAN K. MARKS, County Counsel
By: G! 11 r
Depu
Dated:
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MAR-02-00 10:21 9093872779 P-22 R-260 Job-036
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• GAD.iDll D
PRINCIPAL OWNER INFORMATION FORM
San Bernardino County Code Section 110.0101 et seq. contains the San Bernardino County Child Support Compliance Program. This
Program requires the County to provido catain information to the District Attorney concerning its employees and business licenses. It
Anther rcquires that bidden or proposers for County contracts provide, directly to the District Attorney, information concerning their
"Principal Owners",that is,those natural persons who own an interest of 10%or more in the Contractor. For each"Principal Owner",the
information which mustbe provided to the District Attorney is: 1)the Principal Owner's rtame; 2)his or her title,and; 3)whether or not
the Contractor has made a payment of my son to the Principal Owner.
IN ORDER TO COMPLY WITH THE REQUIREMENT,COMPLETE THIS FORM AND MAIL OR FAX IT DIRECTLY TO
THE DISTRICT ATTORNEY AT THE ADDRESS OR FAX NUMBER SHOWN BELOW ON OR BEFORE THE DATE YOU
SUBMIT A BID OR PROPOSAL TO A COUNTY DEPARTMENT,
MAINTAIN DOCUMENTATTON OF SUBMISSION.
In addition,bidders or proposers must certify to the soliciting County department that they are in full compliance with The Program
requirements by suhmirting the Child Support Compliance Program Certification,along with the bid or proposal..
To: District Attorney Child Support Division FAX: (909)478-7470
Ombudsman Program
10417 Mountain Vices Avenue PHONE:(909)478-7300
Loma Linda, CA 92354-2030
Contractor Name as Shown on Bid or Proposal:
Contractor Address:
Contractor Phone: Fax:
County Department Receiving Bid or Proposal:
Type of Goods or Services to be Provided:
Contract or Purchase Order Number(if applicable):
Principal Owners. Please check appropriate box_ If Box I is checked,no fludter information is required. Please sign and date the
font below.
I. V o natural person own an interest of 10%or more in this Contractor.
I. ❑ Required Principal Owner information is provided below. (Use a separate sheet,if necessary)
:NAME OF PRINCIPAL OWNER TITLE PAYMENT
RECEIVED FROM
CONTACTOR
YES NO
1.
2.
3.
1 DECLARE,UNDER PENALTY OF PERJURY,THAT TIC;FORGOING INFORMATION IS TRUE AND
CORRECT.
'4Y Dare:
(Slgen a Pli,vapol 0 ncr,On OUcer.01 Afw-VCAW&10n301001 Sub dSioe o/'rhe Did or propora!ro the Covnry).
Pnnred Nm Tiudl?=ion
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EXHIBIT C
SOLICITING DEPARTMENT:
ADDRESS:
CONTACT NAME& PHONE NO.:
CHILD SUPPORT COMPLIANCE PROGRAM CERTIFICATION
San Bernardino County Code Section 110.0101 et seq. contains the San Bernardino County Child Support
Compliance Program. This Program requires the County to provide certain information to the District Attorney
concerning its employees and business licenses. It further requires that bidders or proposers for County contracts
submit certification of Program compliance to the soliciting County department, along with their bids or proposals.
(In an emergency procurement, as described by the soliciting County department, these certifications may be
provided immediately following the procurement).
IN ORDER TO COMPLY WITH THIS REQUIREMENT, COMPLETE THIS FORM AND SUBMIT IT
DIRECTLY TO THE SOLICITING COUNTY DEPARTMENT, ALONG WITH YOUR BID OR
PROPOSAL. IN ADDITION, THE SOLICITING DEPARTMENT WILL PROVIDE A COPY TO THE
DISTRICT ATTORNEY AT THE 'A rDD••R,�E,,S,,S-- OR FAX NUMBER SHOWN BELOW.
I, (print name) C it I f�aT� 7kbk- � I.V hereby certify that (contractor name as shown on bid or
proposal)_ located
at (contractors address)
is in compliance with San Bernardino County's Child Support Compliance Program and has met the following
requirements:
I. Submitted a completed Principal Owner Information Form to the District Attorney, Child Support Division;
2. Fully complied with employment and wage reporting requirements (42 USC Section 653a and California
Unemployment Insurance Code Section 1088.5), and will continue to comply with such reporting
requirements;
3. Fully complied with all lawfully-served Wage and Earnings Withholding Orders or District Attorney Notices
of Wage and Earnings Assignment, [Code of Civil Procedure Section 706.031 and Family Code Section
5246(b)], and will continue to comply with such Orders or Notices.
I declare, under penalty or perjury,that the foregoing is true and correct.
Executed this 51- day of
(Month&yetit)
at -'yy0 � )2 / CgO�l� g -fo75�
(Telephone Number)
(Stgnatareo/dlWncipal Owner.an Officer.or Manager respo breforsubmission ofthebiddorproposal to the County).
Soliciting Dept Send
Copy to: District Attorney,Child Support Division FAX: (909)478-7470
Ombudsmen Program
10417 Mountain View Avenue PHONE: (909)478-7300
Loma Linda, CA 92354-2030