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HomeMy WebLinkAbout12- Parks, Recreations & Community Services CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL fA COAL From: Kevin Hawkins, Director Subject: Resolution of the Mayor and Common Council Dept: Parks, Recreation&Community authorizing the City Manager to execute a p ty Contractual Agreement between the City of San Services Dept. Bernardino and the San Bernardino City Unified School District for shared use of the recreation Date: August 16,2010 facilities at the Galaxy Building and Norton Recreation Center for one year August 1, 2010 through July 31, 2011 with four optional single year renewals. M/CC Meeting Date: September 7, 2010 Synopsis of Previous Council Action: 4/20/2009-Mayor and Common Council authorized the Interim City Manager to execute Amendment No. 1 to the Contractual Agreement between the City of San Bernardino and the San Bernardino City Unified School District for shared use of the recreation facilities at the Galaxy Building and Norton Recreation Center, and exercising the one year renewal option from August 1,2009 through July 31, 2010. 8/6/2007—Mayor and Common Council authorized execution of a Contractual Agreement between the City of San Bernardino and the San Bernardino City Unified School District for shared use of the recreation facilities at the Galaxy Building and Norton Recreation Center for the period August 1,2007 through July 31, 2009,with a one-year renewal option from August 1,2009 through July 31,2010. Recommended motion: Adopt Resolution Si ature Contact person: Robert Lennox Phone: 384-5031 Supporting data attached: Staff Report, Reso, &Agreement Ward: 1 FUNDING REQUIREMENTS: Amount: revenue totaling $90,000/yr Source: (Acct.No.) 001-380-4901-0000 (Acct.Description) Misc Receipts/Lease Agreements Finance: Council Notes: ei]S6 ap/Q 9a " Agenda Item No. 12- M-o1-2-016 CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Staff Report Subject: Resolution of the Mayor and Common Council authorizing the City Manager to execute a Contractual Agreement between the City of San Bernardino and the San Bernardino City Unified School District for shared use of the recreation facilities at the Galaxy Building and Norton Recreation Center for one year August 1, 2010 through July 31, 2011 with four optional single year renewals. Backeround: On August 6, 2007 and, again, on April 20, 2009, Mayor and Common Council authorized the execution of a Contractual Agreement with the San Bernardino City Unified School District on behalf of the Public Safety Academy (PSA) for use of portions of the Galaxy Building and Norton Recreation Center Gymnasium. The Public Safety Academy is a San Bernardino City Unified Schools Public Charter School. The purpose of the Public Safety Academy is to provide students with a quality high school education with an emphasis on preparation for careers in law enforcement, fire service, and other public safety industries. The PSA has been using these facilities as their primary campus (classes and offices) for the 2007/2008, 2008/2009, and 2009/2010 School Years. In exchange for the facilities use, the City receives $48,000 in revenue per contract year plus reimbursement of 100%of utility costs. In response to the City's budgetary realities, the Interim City Manager proposed closure of the Norton Fitness Center and Galaxy Ballroom at the Council's February 2, 2009 meeting, which was subsequently approved by Council on February 17, 2009. It was anticipated that closure of the facilities, effective April 1, 2009, would net the City savings in the amount of$40,025 in FY 08/09, and $160,100 in FY 2009/10. Two full time positions and three part time positions were eliminated by this action; however, PSA's funding allowed the center to remain open to the public. It is anticipated that the proposed new Agreement would preserve services to the public at the facility and allow PSA to continue classes for enrolled students. PSA will fund lease payments and the cost of utilities (water, electric, natural gas and refuse) for both buildings through an all inclusive rental fee of$90,000 annually. As a result of the Mayor and Common Council 8%budget reductions approved August 23, 2010, the City will no longer staff the facility for daily programming but will oversee facility rentals, and coordinated equipment and facility repairs. Regular rentals of the Galaxy Ballroom and Norton Recreation Center amenities will remain under the City's supervision. Revenue received from non-PSA facility rentals, will be collected by the Department's main administrative office and deposited into the designated trust account to offset the city's obligation for building infrastructure maintenance costs throughout the year. PSA has been a reliable tenant of the Galaxy/Norton facilities for nearly three school year terms. i Financial Impact: PSA lease agreement payments of$90,000 annually ($7,500 per month) in revenue to be applied to any utility and internal service charge. Recommendation: Adopt resolution 1 RESOLUTION NO. COPY 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACTUAL AGREEMENT BETWEEN 3 THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT FOR SHARED USE OF THE RECREATION FACILITIES AT 4 THE GALAXY BUILDING AND NORTON RECREATION CENTER FOR ONE YEAR AUGUST 1, 2010 THROUGH JULY 31, 2011 WITH FOUR OPTIONAL SINGLE YEAR 5 RENEWALS. 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 7 OF SAN BERNARDINO AS FOLLOWS: 8 SECTION 1. That the City Manager is hereby authorized to execute the contractual 9 agreement with the City of San Bernardino and the San Bernardino City Unified School District 10 for shared use of the Galaxy Building and Norton Recreation Center, a copy of which is attached 11 12 hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at 13 length; and 14 SECTION 2: The term of this agreement is August 1, 2010 through July 31,2011 with 15 the option of four, one-year renewals; therefore, any action taken between August 1, 2010 and I6 the date that this Resolution is executed is hereby ratified.; and 17 SECTION 3. That the authorization granted hereunder shall expire and be void and of no 18 further effect if the agreement is not executed by both parties and returned to the office of the 19 20 City Clerk within sixty(60)days following the effective date of the resolution. 21 22 23 24 25 26 27 28 /// RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL AUTHORIZING 2 THE CITY MANAGER TO EXECUTE A CONTRACTUAL AGREEMENT BETWEEN 3 THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT FOR SHARED USE OF THE RECREATION FACILITIES AT 4 THE GALAXY BUILDING AND NORTON RECREATION CENTER FOR ONE YEAR AUGUST 1, 2010 THROUGH JULY 31, 2011 WITH FOUR OPTIONAL SINGLE YEAR 5 RENEWALS. 6 7 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a Meeting, thereof, 8 held on the day of ,2010, by the following vote to wit: 9 10 COUNCIL MEMBERS AYES NAYS ABSTAIN ABSENT 11 MARQUEZ 12 DESJARDINS 13 BRINKER r.. 14 SHORETT _ 15 16 KELLEY 17 JOHNSON _ 18 MCCAMMACK 19 -- Rachel G. Clark, City Clerk 20 21 The foregoing resolution is hereby approved this day of 2010. 2 Patrick J. Moms, Mayor 23 City of San Bernardino 24 Approved as to Form: 25 26 27 1Asota/ Co.•se/ 28 Exhibit A AGREEMENT BETWEEN PUBLIC SAFETY ACADEMY AND CITY OF SAN BERNARDINO FOR USE OF 1494 AND 1554 E. ART TOWNSEND DRIVE WHEREAS, the City of San Bernardino (CITY) received title to certain real property from the United States of America by quit claim deed recorded March 17, 1995: and, WHEREAS, the CITY and the PUBLIC SAFETY ACADEMY (PSA) desire to renew a Contractual Agreement for use of 1494 and 1554 E. Art Townsend Drive, Buildings 178 & 812, NOW,THEREFORE,the parties agree as follows: 1. PREMISES: CITY hereby grants to PSA the lease rights, hereinafter specified, to be exercised within the Premises, consisting of those portions of the buildings, Building No. 178, commonly referred to as the Galaxy Building located at 1494 E. Art Townsend Drive, and Building No. 182, commonly referred to as the Norton Recreation Center located at 1554 E. Art Townsend Drive. 2. TERM: The term of this agreement shall be for a period of one (1) year, commencing August 1, 2010 with four 1-year options to renew with mutual written agreement by both parties. 3. RENT / UTILITIES: A rental fee of$7,500 will be charged monthly for the term of the lease agreement to be payable by PSA. The rental fee will be payable to the CITY by the first of each month. The monthly rental fee shall be inclusive of all internal service charges costs (i.e. water, electric, refuse and natural gas, sewer, and refuse) for the Galaxy Building and Norton Recreation Center. CITY will bill PSA on a quarterly basis. PSA shall also continue to pay the cost of the existing burglar/fire alarm system for the Galaxy and Norton Buildings. 4. RETURN OF PREMISES: PSA agrees that it will, upon any termination of this agreement, return the Premises in as good condition and repair as the Premises now are, or shall hereafter be put; reasonable wear and tear excepted. 5. TAXES: CITY shall pay all real property taxes, and general and special assessments levied and assessed against the Premises. 6. USE: The buildings shall be used by PSA and CITY on an exclusive, common or scheduled basis as described below: Ca. The Galaxy Building will be used as follows: Exhibit "A" Page 1 of 11 Exhibit A (1)PSA shall have exclusive use of the Galaxy Building, following areas: Entire Second Floor 7,007 sq. ft. Suers 149 sq. ft. Emergency Exit 112 sq. ft. Outside Kitchen Area 536 sq. ft. First Floor Storage Room 170 sq. ft. Windowed Office Area 261 sq. ft. First Floor Classroom 1,144 sq. ft. First Floor Classroom 770 sq. ft. First Floor Classroom 805 sq. ft. Total 10,954 sq. ft. (2)The CITY will have exclusive use of the following rooms on the first floor: Kitchen Area 408 sq. ft. Kitchen Storage Room 173 sq. ft. Total 581 sq. ft. (3) CITY and PSA shall have joint use of the first floor common ® areas as follows: Entry/Foyer 740 sq. ft. Reception Area 1,034 sq. ft. Hallway Area 167 sq. ft. First Floor Windowed Office 137 sq. ft. Restrooms 402 sq. ft. Total 2,480 sq. ft. (4) CITY shall have exclusive control of the use of the Ballroom, with the following exception. PSA may utilize the westemmost third of the Ballroom as a classroom Monday through Friday during the hours 7:00 a.m. to 2:00 p.m. The classroom shall be portable to accommodate CITY uses as needed, said accommodation to be made by PSA. PSA shall repair or replace and maintain the folding partition door that separates the westernmost third from the remainder of the Ballroom. CITY's usage may include weddings, receptions, business meetings and/or other uses by third parties. Whichever party has use of the area shall leave it clean and in its original condition prior to the other party's use thereof. b. The Norton Recreation Center Page 2 of 11 Exhibit A (1) PSA shall have exclusive use of the following areas to serve as classroom space for academy students. Northwest Classroom 660 sq. ft. Northwest Classroom 861 sq. ft. Fitness Room 2,047 sq. ft. Weight Room 760. sq. ft. PE Office 186 SQ. ft. Total 4,514 sq. ft. (2) PSA shall have the right to use the following areas, Monday through Friday during the hours 7:00 a.m. to 3:00 p.m. with the exception of CITY observed holidays: Gymnasium 9,072 sq. ft. Lobby 848 sq. ft. Men's/Women's Restrooms 426 so. ft. Total 10,346 sq. ft. (3) CITY shall have exclusive use of the areas in Paragraph 6 (b) (2) above, at all other times and: V Storage room 634 sq. ft C. PSA shall have exclusive use of the Pool and Shower facilities directly north of the Galaxy Building for future classroom use as may be required by PSA to accommodate growth in student enrollment. D. PSA will be responsible for repairing or replacing any damaged or missing items from the weight room and fitness room. E. PSA may, at its own option and expense, place modular units to serve as classroom space in the vacant lot between the Galaxy Building and the Racquetball Courts. Any and all permit acquisition and installation of utility lines are the sole responsibility of the PSA. Upon termination of this Agreement, PSA shall remove said modules at its own expense and leave the property in the same condition as it was at the time the modules were placed there. F. CITY shall maintain first right to facilitate and manage all rentals of the Norton Gymnasium and Galaxy Ballroom. (1) CITY shall supervise regular rentals of the Galaxy Ballroom and © Norton Gymnasium. Page 3 of 11 G. ASSIGNMENT: PSA shall not assign, sublet or lease any part or portion of this Agreement without the prior written approval of CITY. 7. HEALTH SAFETY AND FIRE CODE REOUIREMENTS: CITY shall assure the Premises meet the applicable requirements for Health, Safety, Fire and Building Codes for Public Buildings, including any requirements for a notice of completion, certificate of occupancy and the Americans with Disabilities Act (ADA). Should the continued occupancy of the Premises be in anyway prejudiced or prevented due to changes in the ADA, the Health, Safety, or Fire Codes for Public Buildings, the CITY herein shall correct, update and comply with said changes at CITY's cost. 8. SIGNS: PSA will display from windows and/or marquee of the Premises, only such signs that are not prohibited by law. 9. MAINTENANCE: a. CITY 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 buildings and other improvements that are a part of the Premises, which include the foundations, bearing and exterior walls (including exterior glass and doors), sub-flooring, and roof; (2) Electrical, plumbing, and sewage systems, including, without limitation, those portions of the systems owned or controlled by the CITY lying outside the Premises, specifically structured to the street; (3) Window frames, gutters and downspouts on the buildings that are part of the Premises; (4) Air Conditioning, heating and ventilating systems lying outside the Premises; (5) Outside lighting, major irrigation repairs, tennis court nets and windscreens; (6) CITY at its cost shall repair the Premises if they are damaged by (1) causes over which PSA has no control; (2) acts or omissions of CITY, or its authorized representatives. (7) CITY will conduct monthly inspections of the facility and provide a © weekly audit form to PSA noting any areas of concern. 1 1 1 j Page 4 of 11 Exhibit A b. PSA, at its cost shall be responsible for any and all routine maintenance in and around the Galaxy and Norton Buildings throughout the calendar year, independent of specific use, to include the parking lot areas, planter beds, entranceways, and lawn areas. These areas will also include, but not be limited to: (1) Exterior These items should be done on a set schedule at a minimum of once per week. PSA agrees to provide the CITY with a monthly maintenance schedule in writing by l'working day of each month for said month. Failure of PSA to perform routine maintenance as noted within a 30-day cure date following notice by the CITY, could be terms for contract default. (A)Paint over graffiti as required (B)Mow and edge lawns (C)Weed flower and planter beds (D)Sweep and/or blow sidewalks and all parking lots (E) Trim bushes and low hanging tree branches (F) Clean windows (G)Remove trash and leaves Q (H)Make minor irrigation repairs and adjustments (1) Remove dead/diseased plant materials, trees. Shrubs and/ or other vegetation. 2. Interior: Janitorial services/minor repairs, which shall include, but are not limited to: (A)Vacuum rugs (B) Clean and dust,mop floors (C) Clean Restrooms and locker rooms (D)Provide janitorial supplies (E) Remove trash (F) Clean windows and walls (G)Repair inside plumbing, replace inside lighting (H)Repair inside electrical (1) Servicing of fire extinguishers (J) Clean &maintain ventilating system inside the Premises (K)Maintenance of burglar/fire alarm systems and the total costs thereof, including the provision of an after-hours contact to the firelalarm dispatch. PSA agrees to supply a custodian to maintain all of these items for the Galaxy and Norton Buildings. PSA agrees to provide the CITY with a monthly custodial schedule in writing by 1' working day of each Page 5 of 11 Exhibit A month for said month. Failure of PSA to perform routine custodial services as noted within a 30-day cure date following notice by the CITY, could be terms for contract default. 3. CITY property shall be maintained by PSA in the same condition as it was upon commencement of this Agreement, reasonable wear and tear excluded. PSA and CITY agree to inspect and indicate the condition of property upon commencement of this agreement. 4. PSA will make repairs if damages are by(a) causes over which PSA has control; (b) acts or omissions of PSA, or its authorized representatives; (c) direct result of PSA use. 10. ALTERATIONS: PSA shall not make any structural or exterior improvements or alterations to the Premises without City's written consent. Any such alterations made shall remain on and be surrendered with the Premises on expiration or termination of this agreement. 11. FIXTURES: PSA shall have the right during the term(s) of this agreement, to install shelving and fixtures, make interior, non-structural improvements or alterations in the Premises. Such shelving, fixtures, improvements, and alterations shall remain the property of the PSA and may be removed by PSA during the term(s) of this agreement or within a reasonable time thereafter, provided PSA restores the Premises to the condition as it existed at the commencement of this agreement, reasonable wear and tear excluded, or PSA in its sole discretion may elect to surrender all or any part of such shelving, fixture, improvements and alterations to the CITY, in which case PSA will not be accountable for restoring the Premises. Any such election to surrender must be in writing, but not be accepted by CITY to be effective. 12. KEYS: For joint use areas, CITY will maintain master key control. For exclusive areas, PSA will maintain master key control. PSA is required to submit to CITY, a copy of exclusive area keys within 48 hours of any changes. CITY must be in possession of keys for all rooms. 13. UTILITIES: CITY shall furnish to the Premises and pay all service charges and related taxes for electricity, water, sewer, gas and trash services. The monthly rental fee shall be inclusive of all internal service charges costs (i.e. water, electric, refuse and natural gas, sewer, and refuse) for the Galaxy Building and Norton Recreation Center. 14. HOLD HARMLESS: a. PSA agrees to indemnify, defend (with counsel approved by CITY) and hold harmless the CITY, its authorized officers, agents, volunteers and employees from any and all claims, actions, losses, damages, and/or liability arising out of this lease from any cause whatsoever including the acts, errors or omissions of any person and for any costs of expenses Page 6 of 11 Exhibit A incurred by the CITY on account of any claim thereof except where such indemnification is prohibited by law. b. CITY agrees to indemnify, defend (with board approved by PSA)and hold harmless PSA, its authorized officers, agents, volunteers and employees from any and all claims, actions, losses, damages, and/or liability arising out of this lease from any cause whatsoever including the acts, errors or omissions of any person and for any costs of expenses incurred by PSA on account of any claim thereof except where such indemnification is prohibited by law. 15. INSURANCE: CITY and PSA acknowledges that each party is legally self- insured for Worker's Compensation up to statutory limits. The CITY is self-insured for comprehensive general liability and automobile liability, and each party shall provide a certificate of self-insurance to the other. The CITY and PSA accept such self-insurance as satisfying the Premises liability insurance and worker's compensation requirements under the contract. 16. CITY'S DEFAULT: Except where another time limit is specifically provided, CITY shall be in default of this agreement if it fails or refuses to perform any material provisions of this agreement that it is obligated to perform if the failure to perform is not cured within ninety (90) days after notice of such default has been given by PSA to CITY. If the default cannot be reasonably cured within ninety (90) days, CITY shall not be in default of this agreement if CITY commences to cure the default within the ninety (909)day period and diligently and in good faith continues to cure the default. 17. PSA REMEDIES ON CITY'S DEFAULT: PSA at anytime after CITY is in default, can terminate this agreement or can cure the default at CITY's cost. If PSA at anytime, by reason of CITY's default, pays any sum or does any act that requires the payment of any sum, the sum paid by PSA shall be due from CITY to PSA within five (5) day notice of such sum(including charges for PSA employees and equipment), and if paid at a later date shall bear interest at the maximum rate PSA is permitted by law to charge from the date the sum is paid by PSA until PSA is reimbursed by CITY. 18. PSA DEFAULT: The occurrence of any one or more of the following events shall constitute a default and breach of this agreement by PSA: a. The vacating for more than ninety (90) consecutive days or abandonment of the Premises by PSA. b. The failure by PSA to perform any material provisions of this agreement to be performed by COUNTY where such failure shall continue for a period of thirty (30) days after notice by CITY to PSA; provided, however, that if the nature of PSA's default is such that more than thirty (30) days are reasonably required for its cure, PSA shall not be deemed to be in default if PSA commences said cure within said thirty (30) day Page 7 of 1 l Exhibit A �./ period and thereafter diligently prosecutes such core to completion. The purpose of this notice requirement is to extend the notice requirements of the unlawful detainer statutes of California. 19. CITY'S REMEDIES ON PSA DEFAULT: In the event of any material default by PSA which is not cured by PSA, CITY may, at its election, terminate this agreement by giving PSA thirty (30) days notice of termination. The purpose of this notice requirement is to extend the notice requirement of the unlawful detainer statutes of California. On termination of the agreement for default pursuant to this paragraph, CITY shall have the right to recover from PSA only any amount, and court costs, necessary to compensate CITY for all detriment proximately caused by PSA's default which CITY proves could not have been reasonably avoided. 20. CITY'S ACCESS TO PREMISES. CITY and its authorized representatives shall have the right to enter the Premises at all reasonable times. 21. NOTICES: a. Any notice, demand, request, consent, approval, or communication that either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail. Any notice, demand, request, consent, approval, or communication that either party desires or is required to give the other party or any other person shall be addressed to the other party at the address below. Either party may change its address by notifying the other party of the change in address. Notice shall be deemed communicated two (2) PSA working days from the time of mailing if mailed as provided in this paragraph. CITY's address: City of San Bernardino ATTN: Kevin Hawkins,Director Parks,Recreation&Community Services Department 1350 S. "E" St. San Bernardino, CA 92408 PSA address: Public Safety Academy ATTN: Mike Davis, Chief Financial Officer 1494 Art Townsend Drive. San Bernardino, CA 92408 22. INCORPORATION OF PRIOR AGREEMENT: This agreement contains all of the agreements of the parties hereto with respect to any matter covered or mentioned in this agreement, and no prior agreement or understanding pertaining to any such matter shall be effective for any purpose. Page 8 of 11 Exhibit A 23. WAIVERS: No waiver by either party of any provisions of this agreement shall be deemed to be a waiver of any other provision hereof or of any subsequent breach by either party of the same or any other provisions. 24. AMENDMENTS: No provision of this agreement maybe amended or added to except by an agreement in writing signed by both parties hereto or their respective successor in interest, expressing by it terms an intention to modify this agreement. 25. SUCCESSORS: This agreement shall insure to the benefit of and be binding upon the heirs,executors, administrators, successors, and assigns of the parties hereto. 26. SEVERABILITY: If any word, phrase, clause, sentence, paragraph, section, article, part or portion of this agreement is or shall be invalid for any reason, the same shall be deemed severable from the remainder hereof and shall in no way affect or impair the validity of this lease or any other portion thereof. 27. TIME OF ESSENCE: Time is of the essence of each provision of this agreement, which specifies a time, within which performance is to occur. In the absence of any specific time for performance, performance may be made within a reasonable time. 28. OUIET ENJOYMENT: Subject to the conditions of this agreement and conditioned upon performance of all the provisions to be performed by PSA hereunder, CITY shall secure to PSA during the agreement term the quiet and peaceful possession of the Premises and all right and privilege appertaining hereto. 29. PROVISIONS AND COVENANTS AND CONDITIONS: All provisions, whether covenants or conditions, on the part of either party shall be deemed to be both covenants and conditions. 30. CONSENT: Whenever consent or approval of either party is required, that party shall not unreasonably withhold such consent or approval. 31. EXHIBITS: All exhibits referred to are attached to this agreement and incorporated by reference. 32. LAW: This agreement shall be construed and interpreted in accordance with the laws of the State of California. 33. VENUE: The parties acknowledge and agree that this agreement was entered { into and intended to be performed in San Bernardino County, California. The parties agree that the venue for any action or claim brought by any party to this agreement will be in San Bernardino County. Each party hereby waives any law or rule of court, which would allow them to request or demand a change of venue. If any action or claim concerning this agreement is brought by any third party, the parties hereto agree to use 1 i i Page 9 of 11 Exbibit A their best efforts to obtain a change of venue to the Central District of San Bernardino County. 34. ATTORNEY'S FEES AND COSTS: If any legal action is instituted to enforce or declare any party's rights hereunder, each party, including the prevailing party, shall bear its own costs and attorney fees. This paragraph shall not apply to those costs and attorney fees directly arising from any third party legal action against a party hereto and payable under Paragraph 13, "HOLD HARMLESS". 35. RIGHT TO TERMINATE: PSA or CITY shall have the right to terminate this agreement at any time. PSA or CITY shall give the other notice of any termination pursuant to this paragraph at least thirty (30) days prior to the date of termination. In the event either entity terminates this agreement pursuant to this paragraph, neither entity will be required to compensate the other entity except for that which is included in Paragraph 12, "UTILITIES". 36. CAPTIONS TABLE OF CONTENTS AND COVER PAGE: The paragraph captions, table of contents and the cover page of this lease shall have no effect on its interpretations. 37. SURVIVAL: The obligations of the parties which, by their nature, continue ^ beyond the term of this lease,will survive the termination of this lease. v 38. INTERPRETATIONS: As this agreement was jointly prepared by both parties, the language in all parts of this agreement shall be construed, in all cases, according to it fair meaning, and not for or against either party hereto. END OF AGREEMENT TERMS Page 10 of 11 Exhibit A AGREEMENT BETWEEN PUBLIC SAFETY ACADEMY AND CITY OF SAN BERNARDINO FOR USE OF 1494 AND 1554 E. ART TOWNSEND DRIVE PUBLIC SAFETY ACADEMY CITY OF SAN BERNARDINO By: Mike Davis, Charles McNeeley Chief Financial Officer,Public Safety Academy City Manager Dated: Dated: Approved as to form and legal content: JAMES S�Ctf O4M (p/ sy: Page 11 of 11 AGREEMENT BETWEEN PUBLIC SAFETY ACADEMY AND CITY OF SAN BERNARDINO FOR USE OF 1494 AND 1554 E. ART TOWNSEND DRIVE WHEREAS, the City of San Bernardino (CITY) received title to certain real property from the United States of America by quit claim deed recorded March 17, 1995: and, WHEREAS, the CITY and the PUBLIC SAFETY ACADEMY (PSA) desire to renew a Contractual Agreement for use of 1494 and 1554 E. Art Townsend Drive, Buildings 178 & 812, NOW,THEREFORE, the parties agree as follows: 1. PREMISES: CITY hereby grants to PSA the lease rights, hereinafter specified, to be exercised within the Premises, consisting of those portions of the buildings, Building No. 178, commonly referred to as the Galaxy Building located at 1494 E. Art Townsend Drive, and Building No. 182, commonly referred to as the Norton Recreation Center located at 1554 E. Art Townsend Drive. 2. TERM: The term of this agreement shall be for a period of one (1) year, commencing August 1, 2010 with four 1-year options to renew with mutual written agreement by both parties. 3. RENT /UTILITIES: A rental fee of$7,500 will be charged monthly for the term of the lease agreement to be payable by PSA. The rental fee will be payable to the CITY by the first of each month. The monthly rental fee shall be inclusive of all internal service charges costs (i.e. water, electric, refuse and natural gas, sewer, and refuse) for the Galaxy Building and Norton Recreation Center. CITY will bill PSA on a quarterly basis. PSA shall also continue to pay the cost of the existing burglar/fire alarm system for the Galaxy and Norton Buildings. 4. RETURN OF PREMISES: PSA agrees that it will, upon any termination of this agreement, return the Premises in as good condition and repair as the Premises now are, or shall hereafter be put;reasonable wear and tear excepted. 5. TAXES: CITY shall pay all real property taxes, and general and special assessments levied and assessed against the Premises. 6. USE. The buildings shall be used by PSA and CITY on an exclusive, common or scheduled basis as described below: © a. The Galaxy Building will be used as follows: Page 1 of 11 (1)PSA shall have exclusive use of the Galaxy Building, following areas: Entire Second Floor 7,007 sq. ft. Stairs 149 sq. ft. Emergency Exit 112 sq. ft. Outside Kitchen Area 536 sq. ft. First Floor Storage Room 170 sq. ft. Windowed Office Area 261 sq. ft. First Floor Classroom 1,144 sq. ft. First Floor Classroom 770 sq. ft. First Floor Classroom 805 sq. ft. Total 10,954 sq. ft. (2) The CITY will have exclusive use of the following rooms on the first floor: Kitchen Area 408 sq. ft. Kitchen Storage Room 173 so. ft. Total 581 sq. ft. (3)CITY and PSA shall have joint use of the first floor common { ® areas as follows: Entry/Foyer 740 sq. ft. { Reception Area 1,034 sq. ft. Hallway Area 167 sq. ft. First Floor Windowed Office 137 sq. ft. Restrooms 402 so. ft. J Total 2,480 sq. ft. 1 ! (4) CITY shall have exclusive control of the use of the Ballroom, with the following exception. PSA may utilize the westernmost third of the Ballroom as a classroom Monday through Friday i during the hours 7:00 a.m. to 2:00 p.m. The classroom shall be 1 portable to accommodate CITY uses as needed, said accommodation to be made by PSA. PSA shall repair or replace and maintain the folding partition door that separates the westernmost third from the remainder of the Ballroom. CITY's usage may include weddings, receptions, business meetings and/or other uses by third parties. Whichever party has use of the area shall leave it clean and in its original condition prior to the other party's use thereof. b. The Norton Recreation Center Page 2 of 11 (1) PSA shall have exclusive use of the following areas to serve as classroom space for academy students. Northwest Classroom 660 sq. ft. Northwest Classroom 861 sq. ft. Fitness Room 2,047 sq. ft. Weight Room 760. sq. ft. PE Office 186 sa. ft. Total 4,514 sq. ft. (2) PSA shall have the right to use the following areas, Monday through Friday during the hours 7:00 a.m. to 3:00 p.m. with the exception of CITY observed holidays: Gymnasium 9,072 sq. ft. Lobby 848 sq. ft. Men's/Women's Restrooms 426 sq. ft. Total 10,346 sq. ft. (3) CITY shall have exclusive use of the areas in Paragraph 6 (b) (2) above, at all other times and: Storage room 634 sq. ft C. PSA shall have exclusive use of the Pool and Shower facilities directly north of the Galaxy Building for future classroom use as may be required by PSA to accommodate growth in student enrollment. D. PSA will be responsible for repairing or replacing any damaged or missing items from the weight room and fitness room. E. PSA may, at its own option and expense, place modular units to serve as { classroom space in the vacant lot between the Galaxy Building and the Racquetball Courts. Any and all permit acquisition and installation of ' utility lines are the sole responsibility of the PSA. Upon termination of this Agreement, PSA shall remove said modules at its own expense and leave the property in the same condition as it was at the time the modules were placed there. F. CITY shall maintain first right to facilitate and manage all rentals of the Norton Gymnasium and Galaxy Ballroom. (1) CITY shall supervise regular rentals of the Galaxy Ballroom and © Norton Gymnasium. Page 3 of 11 G. ASSIGNMENT: PSA shall not assign, sublet or lease any part or portion of this Agreement without the prior written approval of CITY. 7. HEALTH SAFETY AND FIRE CODE REQUIREMENTS: CITY shall assure the Premises meet the applicable requirements for Health, Safety, Fire and Building Codes for Public Buildings, including any requirements for a notice of completion, certificate of occupancy and the Americans with Disabilities Act (ADA). Should the continued occupancy of the Premises be in anyway prejudiced or prevented due to changes in the ADA, the Health, Safety, or Fire Codes for Public Buildings, the CITY herein shall correct, update and comply with said changes at CITY's cost. 8. SIGNS: PSA will display from windows and/or marquee of the Premises, only such signs that are not prohibited by law. 9. MAINTENANCE: a. CITY 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 buildings and other improvements that are a part of the Premises, which include the foundations, bearing and exterior walls (including exterior glass and doors), sub-flooring, and roof; (2) Electrical, plumbing, and sewage systems, including, without limitation, those portions of the systems owned or controlled by the CITY lying outside the Premises, specifically structured to the street; (3) Window frames, gutters and downspouts on the buildings that are part of the Premises; (4) Air Conditioning, heating and ventilating systems lying outside the Premises; (5) Outside lighting, major irrigation repairs, tennis court nets and windscreens; (6) CITY at its cost shall repair the Premises if they are damaged by (1) causes over which PSA has no control; (2) acts or omissions of CITY, or its authorized representatives. (7) CITY will conduct monthly inspections of the facility and provide a ® weekly audit form to PSA noting any areas of concern. Page 4 of 11 b. PSA, at its cost shall be responsible for any and all routine maintenance in and around the Galaxy and Norton Buildings throughout the calendar year, independent of specific use, to include the parking lot areas, planter beds, entranceways, and lawn areas. These areas will also include, but not be limited to: (1) Exterior These items should be done on a set schedule at a minimum of once per week. PSA agrees to provide the CITY with a monthly maintenance schedule in writing by 1"working day of each month for said month. Failure of PSA to perform routine maintenance as noted within a 30-day cure date following notice by the CITY, could be terms for contract default. (A)Paint over graffiti as required (B)Mow and edge lawns (C)Weed flower and planter beds (D)Sweep and/or blow sidewalks and all parking lots (E) Trim bushes and low hanging tree branches (F) Clean windows (G)Remove trash and leaves O (H)Make minor irrigation repairs and adjustments (1) Remove dead/diseased plant materials, trees. Shrubs and/ or other vegetation. 2. Interior: Janitorial services/minor repairs, which shall include, but are not limited to: (A) Vacuum rugs (B) Clean and dust,mop floors (C) Clean Restrooms and locker rooms (D)Provide janitorial supplies (E) Remove trash (F) Clean windows and walls (G)Repair inside plumbing,replace inside lighting (H)Repair inside electrical (I) Servicing of fire extinguishers (J) Clean&maintain ventilating system inside the Premises (K)Maintenance of burglar/fire alarm systems and the total costs thereof, including the provision of an after-hours contact to the fire/alarm dispatch. PSA agrees to supply a custodian to maintain all of these items for the O Galaxy and Norton Buildings. PSA agrees to provide the CITY with a monthly custodial schedule in writing by I' working day of each Page 5 of 11 month for said month. Failure of PSA to perform routine custodial services as noted within a 30-day cure date following notice by the CHY, could be terms for contract default. 3. CITY property shall be maintained by PSA in the same condition as it was upon commencement of this Agreement, reasonable wear and tear excluded. PSA and CITY agree to inspect and indicate the condition of property upon commencement of this agreement. 4.PSA will make repairs if damages are by(a) causes over which PSA has control; (b) acts or omissions of PSA, or its authorized representatives; (c) direct result of PSA use. 10. ALTERATIONS: PSA shall not make any structural or exterior improvements or alterations to the Premises without City's written consent. Any such alterations made shall remain on and be surrendered with the Premises on expiration or termination of this agreement. 11. FIXTURES: PSA shall have the right during the term(s) of this agreement, to install shelving and fixtures,make interior, non-structural improvements or alterations in the Premises. Such shelving, fixtures, improvements, and alterations shall remain the property of the PSA and may be removed by PSA during the term(s) of this agreement or within a reasonable time thereafter, provided PSA restores the Premises to the condition as it existed at the commencement of this agreement, reasonable wear and tear excluded, or PSA in its sole discretion may elect to surrender all or any part of such shelving, fixture, improvements and alterations to the CITY, in which case PSA will not be accountable for restoring the Premises. Any such election to surrender must be in writing, but not be accepted by CITY to be effective. 12. KEYS: For joint use areas, CITY will maintain master key control. For exclusive areas, PSA will maintain master key control. PSA is required to submit to CITY, a copy of exclusive area keys within 48 hours of any changes. CITY must be in possession of keys for all rooms. 13. UTILITIES: CITY shall fumish to the Premises and pay all service charges and related taxes for electricity, water, sewer, gas and trash services. The monthly rental fee shall be inclusive of all internal service charges costs (i.e. water, electric, refuse and natural gas, sewer, and refuse) for the Galaxy Building and Norton Recreation Center. 14. HOLD HARMLESS: a. PSA agrees to indemnify, defend (with counsel approved by CITY) and hold harmless the CITY, its authorized officers, agents, volunteers and employees from any and all claims, actions, losses, damages, and/or liability arising out of this lease from any cause whatsoever including the acts, errors or omissions of any person and for any costs of expenses Page 6 of 11 `.. incurred by the CITY on account of any claim thereof except where such indemnification is prohibited by law. b. CITY agrees to indemnify, defend(with board approved by PSA)and hold harmless PSA, its authorized officers, agents, volunteers and employees from any and all claims, actions, losses, damages, and/or liability arising out of this lease from any cause whatsoever including the acts, errors or omissions of any person and for any costs of expenses incurred by PSA on account of any claim thereof except where such indemnification is prohibited by law. 15. INSURANCE: CITY and PSA acknowledges that each party is legally self- insured for Worker's Compensation up to statutory limits. The CITY is self-insured for comprehensive general liability and automobile liability, and each party shall provide a certificate of self-insurance to the other. The CITY and PSA accept such self-insurance as satisfying the Premises liability insurance and worker's compensation requirements under the contract. 16. CITY'S DEFAULT: Except where another time limit is specifically provided, CITY shall be in default of this agreement if it fails or refuses to perform any material provisions of this agreement that it is obligated to perform if the failure to perform is not O cured within ninety (90) days after notice of such default has been given by PSA to CITY. If the default cannot be reasonably cured within ninety(90) days, CITY shall not be in default of this agreement if CITY commences to cure the default within the ninety (909)day period and diligently and in good faith continues to cure the default. 17. PSA REMEDIES ON CITY'S DEFAULT: PSA at anytime after CITY is in default, can terminate this agreement or can cure the default at CITY's cost. If PSA at anytime, by reason of CITY's default, pays any sum or does any act that requires the payment of any sum, the sum paid by PSA shall be due from CITY to PSA within five (5) day notice of such sum (including charges for PSA employees and equipment), and if paid at a later date shall bear interest at the maximum rate PSA is pemutted by law to charge from the date the sum is paid by PSA until PSA is reimbursed by CITY. 18. PSA DEFAULT: The occurrence of any one or more of the following events shall constitute a default and breach of this agreement by PSA: a. The vacating for more than ninety (90) consecutive days or abandonment of the Premises by PSA. b. The failure by PSA to perform any material provisions of this agreement to be performed by COUNTY where such failure shall continue for a period of thirty (30) days after notice by CITY to PSA; provided, however, that if the nature of PSA's default is such that more than thirty (30) days are reasonably required for its cure,PSA shall not be deemed to be in default if PSA commences said cure within said thirty (30) day Page 7 of 11 period and thereafter diligently prosecutes such core to completion. The purpose of this notice requirement is to extend the notice requirements of the unlawful detainer statutes of California. 19. CITY'S REMEDIES ON PSA DEFAULT: In the event of any material default by PSA which is not cured by PSA, CITY may, at its election, terminate this agreement by giving PSA thirty (30) days notice of termination. The purpose of this notice requirement is to extend the notice requirement of the unlawful detainer statutes of California. On termination of the agreement for default pursuant to this paragraph, CITY shall have the right to recover from PSA only any amount, and court costs, necessary to compensate CITY for all detriment proximately caused by PSA's default which CITY proves could not have been reasonably avoided. 20. CITY'S ACCESS TO PREMISES: CITY and its authorized representatives shall have the right to enter the Premises at all reasonable times. 21. NOTICES: a. Any notice, demand, request, consent, approval, or communication that either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail. Any notice, demand, request, consent, approval, or communication that either party desires or is required to give the other party or any other person shall be addressed to the other party at the address below. Either party may change its address by notifying the other party of the change in address. Notice shall be deemed communicated two (2) PSA working days from the time of mailing if mailed as provided in this paragraph. CITY's address: City of San Bernardino ATTN: Kevin Hawkins, Director Parks, Recreation&Community Services Department 1350 S. "E"St. San Bernardino, CA 92408 PSA address: Public Safety Academy ATTN: Mike Davis, Chief Financial Officer 1494 Art Townsend Drive. San Bernardino, CA 92408 i 22. INCORPORATION OF PRIOR AGREEMENT: This agreement contains all of the agreements of the parties hereto with respect to any matter covered or mentioned in this agreement, and no prior agreement or understanding pertaining to any such matter shall be effective for any purpose. 1 IPage 8 of I I 23. WAIVERS: No waiver by either party of any provisions of this agreement shall be deemed to be a waiver of any other provision hereof or of any subsequent breach by either party of the same or any other provisions. 24. AMENDMENTS: No provision of this agreement may be amended or added to except by an agreement in writing signed by both parties hereto or their respective successor in interest, expressing by it terms an intention to modify this agreement. 25. SUCCESSORS: This agreement shall insure to the benefit of and be binding upon the heirs, executors, administrators, successors, and assigns of the parties hereto. 26. SEVERABILITY. If any word, phrase, clause, sentence, paragraph, section, article, part or portion of this agreement is or shall be invalid for any reason, the same shall be deemed severable from the remainder hereof and shall in no way affect or impair the validity of this lease or any other portion thereof. 27. TIME OF ESSENCE: Time is of the essence of each provision of this agreement, which specifies a time, within which performance is to occur. In the absence of any specific time for performance, performance may be made within a reasonable time. 28. QUIET ENJOYMENT: Subject to the conditions of this agreement and conditioned upon performance of all the provisions to be performed by PSA hereunder, CITY shall secure to PSA during the agreement term the quiet and peaceful possession of the Premises and all right and privilege appertaining hereto. 29. PROVISIONS AND COVENANTS AND CONDITIONS: All provisions, whether covenants or conditions, on the part of either party shall be deemed to be both covenants and conditions. 30. CONSENT: Whenever consent or approval of either party is required, that party shall not unreasonably withhold such consent or approval. 31. EXHIBITS: All exhibits referred to are attached to this agreement and incorporated by reference. 32. LAW: This agreement shall be construed and interpreted in accordance with the laws of the State of California. 33. VENUE: The parties acknowledge and agree that this agreement was entered into and intended to be performed in San Bernardino County, California. The parties agree that the venue for any action or claim brought by any party to this agreement will be in San Bernardino County. Each party hereby waives any law or rule of court, which © would allow them to request or demand a change of venue. If any action or claim concerning this agreement is brought by any third party, the parties hereto agree to use Page 9 of 11 their best efforts to obtain a change of venue to the Central District of San Bernardino County. 34. ATTORNEY'S FEES AND COSTS: If any legal action is instituted to enforce or declare any party's rights hereunder, each party, including the prevailing party, shall bear its own costs and attorney fees. This paragraph shall not apply to those costs and attorney fees directly arising from any third party legal action against a party hereto and payable under Paragraph 13, "HOLD HARMLESS". 35. RIGHT TO TERMINATE: PSA or CITY shall have the right to terminate this agreement at any time. PSA or CITY shall give the other notice of any termination pursuant to this paragraph at least thirty(30) days prior to the date of termination. In the event either entity terminates this agreement pursuant to this paragraph, neither entity will be required to compensate the other entity except for that which is included in Paragraph 12, "UTILITIES". 36. CAPTIONS TABLE OF CONTENTS AND COVER PAGE: The paragraph captions, table of contents and the cover page of this lease shall have no effect on its interpretations. 37. SURVIVAL: The obligations of the parties which, by their nature, continue beyond the term of this lease,will survive the termination of this lease. 38. INTERPRETATIONS: As this agreement was jointly prepared by both parties, the language in all parts of this agreement shall be construed, in all cases, according to it fair meaning, and not for or against either party hereto. END OF AGREEMENT TERMS li i Page 10 of 11 AGREEMENT BETWEEN PUBLIC SAFETY ACADEMY AND CITY OF SAN BERNARDINO FOR USE OF 1494 AND 1554 E. ART TOWNSEND DRIVE PUBLIC SAFETY ACADEMY CITY OF SAN BERNARDINO By: Mike Davis, Charles McNeeley Chief Financial Officer, Public Safety Academy City Manager Dated: Dated: Approved as to form: By: Special—COnsel Page 11 of 11 �r AGREEMENT BETWEEN PUBLIC SAFETY ACADEMY AND CITY OF SAN BERNARDINO FOR USE OF 1494 AND 1554 E. ART TOWNSEND DRIVE WHEREAS, the City of San Bernardino (CITY) received title to certain real property from the United States of America by quit claim deed recorded March 17, 1995: and, WHEREAS, the CITY and the PUBLIC SAFETY ACADEMY (PSA) desire to renew a Contractual Agreement for use of 1494 and 1554 E. Art Townsend Drive, Buildings 178 & 812, NOW,THEREFORE,the parties agree as follows: 1. PREMISES: CITY hereby grants to PSA the lease rights, hereinafter specified, to be exercised within the Premises, consisting of those portions of the buildings, Building No. 178, commonly referred to as the Galaxy Building located at 1494 E. Art Townsend Drive, and Building No. 182, commonly referred to as the Norton Recreation Center located at 1554 E. Art Townsend Drive. 2. TERM: The term of this agreement shall be for a period of one (1) year, commencing August 1, 2010 with four 1-year options to renew with mutual written agreement by both parties. 3. RENT /UTILITIES: A rental fee of$7,500 will be charged monthly for the term of the lease agreement to be payable by PSA. The rental fee will be payable to the CITY by the first of each month. The monthly rental fee shall be inclusive of all internal service charges costs (i.e. water, electric, refuse and natural gas, sewer, and refuse) for the Galaxy Building and Norton Recreation Center. CITY will bill PSA on a quarterly basis. PSA shall also continue to pay the cost of the existing burglar/fire alarm system for the Galaxy and Norton Buildings. 4. RETURN OF PREMISES: PSA agrees that it will, upon any termination of this agreement, return the Premises in as good condition and repair as the Premises now are,or shall hereafter be put; reasonable wear and tear excepted. 5. TAXES: CITY shall pay all real property taxes, and general and special assessments levied and assessed against the Premises. 6. USE: The buildings shall be used by PSA and CITY on an exclusive, common or scheduled basis as described below: a. The Galaxy Building will be used as follows: i V Page 1 of 1 I `r (1)PSA shall have exclusive use of the Galaxy Building, following areas: Entire Second Floor 7,007 sq. ft. Stairs 149 sq. ft. Emergency Exit 112 sq. ft. Outside Kitchen Area 536 sq. ft. First Floor Storage Room 170 sq. ft. Windowed Office Area 261 sq. ft. First Floor Classroom 1,144 sq. ft. First Floor Classroom 770 sq. ft. First Floor Classroom 805 sa. ft. Total 10,954 sq. ft. (2)The CITY will have exclusive use of the following rooms on the first floor: Kitchen Area 408 sq. ft. Kitchen Storage Room 173 sq. ft. Total 581 sq. ft. (3) CITY and PSA shall have joint use of the first floor common areas as follows: Entry/Foyer 740 sq. ft. Reception Area 1,034 sq. ft. Hallway Area 167 sq. ft. First Floor Windowed Office 137 sq. ft. Restrooms 402 sq. ft. Total 2,480 sq. ft. (4) CITY shall have exclusive control of the use of the Ballroom, with the following exception. PSA may utilize the westernmost third of the Ballroom as a classroom Monday through Friday during the hours 7:00 a.m. to 2:00 p.m. The classroom shall be portable to accommodate CITY uses as needed, said accommodation to be made by PSA. PSA shall repair or replace and maintain the folding partition door that separates the westernmost third from the remainder of the Ballroom. CITY's usage may include weddings, receptions, business meetings and/or other uses by third parties. Whichever party has use of the area shall leave it clean and in its original condition prior to the other party's use thereof. b. The Norton Recreation Center G Page 2 of 11 fir.+ (1) PSA shall have exclusive use of the following areas to serve as classroom space for academy students. Northwest Classroom 660 sq. ft. Northwest Classroom 861 sq. ft. Fitness Room 2,047 sq. ft. Weight Room 760. sq. ft. PE Office 186 sq. ft. Total 4,514 sq. ft. (2) PSA shall have the right to use the following areas, Monday through Friday during the hours 7:00 a.m. to 3:00 p.m. with the exception of CITY observed holidays: Gymnasium 9,072 sq. ft. Lobby 848 sq. ft. Men's(Women's Restrooms 426 so. ft. Total 10,346 sq. ft. (3) CITY shall have exclusive use of the areas in Paragraph 6 (b) (2) above, at all other times and: Storage room 634 sq. ft C. PSA shall have exclusive use of the Pool and Shower facilities directly north of the Galaxy Building for future classroom use as may be required by PSA to accommodate growth in student enrollment. D. PSA will be responsible for repairing or replacing any damaged or missing items from the weight room and fitness room. E. PSA may, at its own option and expense, place modular units to serve as classroom space in the vacant lot between the Galaxy Building and the Racquetball Courts. Any and all permit acquisition and installation of utility lines are the sole responsibility of the PSA. Upon termination of this Agreement, PSA shall remove said modules at its own expense and leave the property in the same condition as it was at the time the modules were placed there. F. CITY shall maintain first right to facilitate and manage all rentals of the Norton Gymnasium and Galaxy Ballroom. (1) CITY shall supervise regular rentals of the Galaxy Ballroom and © Norton Gymnasium. Page 3 of 1 I G. ASSIGNMENT: PSA shall not assign, sublet or lease any part or portion of this Agreement without the prior written approval of CITY. 7. HEALTH SAFETY AND FIRE CODE REQUIREMENTS: CITY shall assure the Premises meet the applicable requirements for Health, Safety, Fire and Building Codes for Public Buildings, including any requirements for a notice of completion, certificate of occupancy and the Americans with Disabilities Act (ADA). Should the continued occupancy of the Premises be in anyway prejudiced or prevented due to changes in the ADA, the Health, Safety, or Fire Codes for Public Buildings, the CITY herein shall correct, update and comply with said changes at CITY's cost. 8. SIGNS: PSA will display from windows and/or marquee of the Premises, only such signs that are not prohibited by law. 9. MAINTENANCE: a. CITY 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 buildings and other improvements that are a © part of the Premises, which include the foundations, bearing and exterior walls (including exterior glass and doors), sub-flooring, and roof; (2) Electrical, plumbing, and sewage systems, including, without limitation, those portions of the systems owned or controlled by the CITY lying outside the Premises, specifically structured to the street; (3) Window frames, gutters and downspouts on the buildings that are part of the Premises; (4) Air Conditioning, heating and ventilating systems lying outside the Premises; (5) Outside lighting, major irrigation repairs, tennis court nets and windscreens; (6) CITY at its cost shall repair the Premises if they are damaged by (1) causes over which PSA has no control; (2) acts or omissions of CITY, or its authorized representatives. (7) CITY will conduct monthly inspections of the facility and provide a © weekly audit form to PSA noting any areas of concern. Page 4 of 11 b. PSA, at its cost shall be responsible for any and all routine maintenance in and around the Galaxy and Norton Buildings throughout the calendar year, independent of specific use, to include the parking lot areas, planter beds, entranceways, and lawn areas. These areas will also include, but not be limited to: (1) Exterior These items should be done on a set schedule at a minimum of once per week. PSA agrees to provide the CITY with a monthly maintenance schedule in writing by I"working day of each month for said month. Failure of PSA to perform routine maintenance as noted within a 30-day cure date following notice by the CITY, could be terms for contract default. (A)Paint over graffiti as required (B)Mow and edge lawns (C)Weed flower and planter beds (D)Sweep and/or blow sidewalks and all parking lots (E) Trim bushes and low hanging tree branches (F) Clean windows © (G)Remove trash and leaves (H)Make minor irrigation repairs and adjustments (1) Remove dead/diseased plant materials, trees. Shrubs and/ or other vegetation. 2. Interior: Janitorial services/minor repairs, which shall include, but are not limited to: (A)Vacuum rugs (B) Clean and dust, mop floors (C) Clean Restrooms and locker rooms (D) Provide janitorial supplies (E) Remove trash (F) Clean windows and walls (G)Repair inside plumbing,replace inside lighting (H)Repair inside electrical (I) Servicing of fire extinguishers (J) Clean & maintain ventilating system inside the Premises (K)Maintenance of burglar/fire alarm systems and the total costs thereof, including the provision of an after-hours contact to the fire/alarm dispatch. PSA agrees to supply a custodian to maintain all of these items for the Galaxy and Norton Buildings. PSA agrees to provide the CITY with a monthly custodial schedule in writing by I" working day of each Page 5 of 11 month for said month. Failure of PSA to perform routine custodial services as noted within a 30-day cure date following notice by the CITY, could be terms for contract default. 3. CITY property shall be maintained by PSA in the same condition as it was upon commencement of this Agreement, reasonable wear and tear excluded. PSA and CITY agree to inspect and indicate the condition of property upon commencement of this agreement. 4. PSA will make repairs if damages are by(a) causes over which PSA has control; (b) acts or omissions of PSA, or its authorized representatives; (c) direct result of PSA use. 10. ALTERATIONS: PSA shall not make any structural or exterior improvements or alterations to the Premises without City's written consent. Any such alterations made shall remain on and be surrendered with the Premises on expiration or termination of this agreement. 11. FIXTURES: PSA shall have the right during the term(s) of this agreement, to install shelving and fixtures, make interior, non-structural improvements or alterations in the Premises. Such shelving, fixtures, improvements, and alterations shall remain the property of the PSA and may be removed by PSA during the term(s) of this agreement or within a reasonable time thereafter, provided PSA restores the Premises to the condition as it existed at the commencement of this agreement, reasonable wear and tear excluded, or PSA in its sole discretion may elect to surrender all or any part of such shelving, fixture, improvements and alterations to the CITY, in which case PSA will not be accountable for restoring the Premises. Any such election to surrender must be in writing, but not be accepted by CITY to be effective. 12. KEYS: For joint use areas, CITY will maintain master key control. For exclusive areas, PSA will maintain master key control. PSA is required to submit to CITY, a copy of exclusive area keys within 48 hours of any changes. CITY must be in possession of keys for all rooms. 13. UTILITIES: CITY shall furnish to the Premises and pay all service charges and related taxes for electricity, water, sewer, gas and trash services. The monthly rental fee shall be inclusive of all internal service charges costs (i.e. water, electric, refuse and natural gas, sewer, and refuse) for the Galaxy Building and Norton Recreation Center. 14. HOLD HARMLESS: a. PSA agrees to indemnify, defend (with counsel approved by CITY) and hold harmless the CITY, its authorized officers, agents, volunteers and employees from any and all claims, actions, losses, damages, and/or liability arising out of this lease from any cause whatsoever including the acts, errors or omissions of any person and for any costs of expenses Page 6 of 1 I incurred by the CITY on account of any claim thereof except where such indemnification is prohibited by law. b. CITY agrees to indemnify, defend(with board approved by PSA) and hold harmless PSA, its authorized officers, agents, volunteers and employees from any and all claims, actions, losses, damages, and/or liability arising out of this lease from any cause whatsoever including the acts, errors or omissions of any person and for any costs of expenses incurred by PSA on account of any claim thereof except where such indemnification is prohibited by law. 15. INSURANCE: CITY and PSA acknowledges that each party is legally self- insured for Worker's Compensation up to statutory limits. The CITY is self-insured for comprehensive general liability and automobile liability, and each party shall provide a certificate of self-insurance to the other. The CITY and PSA accept such self-insurance as satisfying the Premises liability insurance and worker's compensation requirements under the contract. 16. CITY'S DEFAULT: Except where another time limit is specifically provided, CITY shall be in default of this agreement if it fails or refuses to perform any material provisions of this agreement that it is obligated to perform if the failure to perform is not © cured within ninety (90) days after notice of such default has been given by PSA to CITY. If the default cannot be reasonably cured within ninety (90) days, CITY shall not be in default of this agreement if CITY commences to cure the default within the ninety (909) day period and diligently and in good faith continues to cure the default. 17. PSA REMEDIES ON CITY'S DEFAULT: PSA at anytime after CITY is in default, can terminate this agreement or can cure the default at CITY's cost. If PSA at anytime, by reason of CITY's default, pays any sum or does any act that requires the payment of any sum, the sum paid by PSA shall be due from CITY to PSA within five (5) day notice of such sum (including charges for PSA employees and equipment), and if paid at a later date shall bear interest at the maximum rate PSA is permitted by law to charge from the date the sum is paid by PSA until PSA is reimbursed by CITY. 18. PSA DEFAULT: The occurrence of any one or more of the following events shall constitute a default and breach of this agreement by PSA: a. The vacating for more than ninety (90) consecutive days or abandonment of the Premises by PSA. b. The failure by PSA to perform any material provisions of this agreement to be performed by COUNTY where such failure shall continue for a period of thirty (30) days after notice by CITY to PSA; provided, © however, that if the nature of PSA's default is such that more than thirty (30) days are reasonably required for its cure, PSA shall not be deemed to be in default if PSA commences said cure within said thirty (30) day Page 7 of 11 period and thereafter diligently prosecutes such core to completion. The purpose of this notice requirement is to extend the notice requirements of the unlawful detainer statutes of California. 19. CITY'S REMEDIES ON PSA DEFAULT: In the event of any material default by PSA which is not cured by PSA, CITY may, at its election, terminate this agreement by giving PSA thirty (30) days notice of termination. The purpose of this notice requirement is to extend the notice requirement of the unlawful detainer statutes of California. On termination of the agreement for default pursuant to this paragraph, CITY shall have the right to recover from PSA only any amount, and court costs, necessary to compensate CITY for all detriment proximately caused by PSA's default which CITY proves could not have been reasonably avoided. 20. CITY'S ACCESS TO PREMISES: CITY and its authorized representatives shall have the right to enter the Premises at all reasonable times. 21. NOTICES: a. Any notice, demand, request, consent, approval, or communication that either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail. Any notice, demand, request, consent, approval, or communication that either party desires or is required to give the other party or any other person shall be addressed to the other party at the address below. Either party may change its address by notifying the other party of the change in address. Notice shall be deemed communicated two (2) PSA working days from the time of mailing if mailed as provided in this paragraph. CITY's address: City of San Bernardino ATTN: Kevin Hawkins, Director Parks,Recreation&Community Services Department 1350 S. `B" St. San Bernardino,CA 92408 PSA address: Public Safety Academy ATTN: Mike Davis, Chief Financial Officer 1494 Art Townsend Drive. San Bernardino, CA 92408 22. INCORPORATION OF PRIOR AGREEMENT: This agreement contains all of the agreements of the parties hereto with respect to any matter covered or mentioned in this agreement, and no prior agreement or understanding pertaining to any such matter shall be effective for any purpose. Page 8 of 11 C 23. WAIVERS: No waiver by either party of any provisions of this agreement shall be deemed to be a waiver of any other provision hereof or of any subsequent breach by either party of the same or any other provisions. 24. AMENDMENTS: No provision of this agreement may be amended or added to except by an agreement in writing signed by both parties hereto or their respective successor in interest, expressing by it terms an intention to modify this agreement. 25. SUCCESSORS: This agreement shall insure to the benefit of and be binding upon the heirs, executors, administrators, successors, and assigns of the parties hereto. 26. SEVERABILITY: If any word, phrase, clause, sentence, paragraph, section, article, part or portion of this agreement is or shall be invalid for any reason, the same shall be deemed severable from the remainder hereof and shall in no way affect or impair the validity of this lease or any other portion thereof. 27. TIME OF ESSENCE: Time is of the essence of each provision of this agreement, which specifies a time, within which performance is to occur. In the absence of any specific time for performance, performance may be made within a reasonable time. 28. QUIET ENJOYMENT: Subject to the conditions of this agreement and conditioned upon performance of all the provisions to be performed by PSA hereunder, CITY shall secure to PSA during the agreement term the quiet and peaceful possession of the Premises and all right and privilege appertaining hereto. 29. PROVISIONS AND COVENANTS AND CONDITIONS: All provisions, whether covenants or conditions, on the part of either party shall be deemed to be both covenants and conditions. 30. CONSENT: Whenever consent or approval of either party is required, that party shall not unreasonably withhold such consent or approval. 31. EXHIBITS: All exhibits referred to are attached to this agreement and incorporated by reference. 32. LAW: This agreement shall be construed and interpreted in accordance with the laws of the State of California. 33. VENUE: The parties acknowledge and agree that this agreement was entered into and intended to be performed in San Bernardino County, California. The parties agree that the venue for any action or claim brought by any party to this agreement will be in San Bernardino County. Each party hereby waives any law or rule of court, which would allow them to request or demand a change of venue. If any action or claim concerning this agreement is brought by any third party, the parties hereto agree to use Page 9 of 11 their best efforts to obtain a change of venue to the Central District of San Bernardino County. 34. ATTORNEY'S FEES AND COSTS: If any legal action is instituted to enforce or declare any party's rights hereunder, each party, including the prevailing party, shall bear its own costs and attorney fees. This paragraph shall not apply to those costs and attorney fees directly arising from any third party legal action against a party hereto and payable under Paragraph 13, "HOLD HARMLESS". 35. RIGHT TO TERMINATE: PSA or CITY shall have the right to terminate this agreement at any time. PSA or CITY shall give the other notice of any termination pursuant to this paragraph at least thirty(30) days prior to the date of termination. In the event either entity terminates this agreement pursuant to this paragraph, neither entity will be required to compensate the other entity except for that which is included in Paragraph 12, "UTILITIES". 36. CAPTIONS, TABLE OF CONTENTS AND COVER PAGE: The paragraph captions, table of contents and the cover page of this lease shall have no effect on its interpretations. 37. SURVIVAL: The obligations of the parties which, by their nature, continue © beyond the term of this lease,will survive the termination of this lease. 38. INTERPRETATIONS: As this agreement was jointly prepared by both parties, the language in all parts of this agreement shall be construed, in all cases, according to it fair meaning, and not for or against either party hereto. END OF AGREEMENT TERMS Page 10 of 11 AGREEMENT BETWEEN PUBLIC SAFETY ACADEMY AND CITY OF SAN BERNARDINO FOR USE OF 1494 AND 1554 E. ART TOWNSEND DRIVE PUBLIC SAFETY ACADEMY CITY OF SAN BERNARDINO By: Mike Davis, Charles McNeeley Chief Financial Officer, Public Safety Academy City Manager Dated: Dated: Approved as to form: By: SpeciaY-Ciunsel Page 11 of 11