HomeMy WebLinkAbout2013-037 RESOLUTION NO. 2011_17
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
3 CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACTUAL AGREEMENT BETWEEN THE CITY OF SAN
4 BERNARDINO AND PUBLIC SAFETY ACADEMY FOR SHARED USE OF THE
FACILITIES AT THE GALAXY BUILDING AND NORTON RECREATION
5 CENTER LOCATED AT 1494 AND 1554 EAST ART TOWNSEND DRIVE, FOR
6 TWO YEARS, AUTUST 1, 2012 THROUcrH JULY 31, 2014.
7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CIT
OF SAN BERNARDINO AS FOLLOWS:
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9 SECTION 1. That the City Manager is hereby authorized to execute the contractua
10 agreement with the City of San Bernardino and Public Safety Academy for shared use of the
l Galaxy Building and Norton Recreation Center located at 1494 and 1554 East Art Townsen•
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Drive, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein b
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reference as fully as though set forth at length; and
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15 SECTION 2: The term of this agreement is August 1, 2012 through July 31, 2014 wit
16 the option of four, one-year renewals; therefore, any action taken between August 1, 2012 an.
17 the date this Resolution is executed is hereby ratified; and
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SECTION 3. That the authorization granted hereunder shall expire and be void and of no
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further effect if the agreement is not executed by both parties and returned to the office of the
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21 City Clerk within sixty(60) days following the effective date of the resolution.
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1 RESOLUTION NO. 201 3-17
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
3 CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACTUAL AGREEMENT BETWEEN THE CITY OF SAN
4 BERNARDINO AND PUBLIC SAFETY ACADEMY FOR SHARED USE OF THE
FACILITIES AT THE GALAXY BUILDING AND NORTON RECREATION
5 CENTER LOCATED AT 1494 AND 1554 EAST ART TOWNSEND DRIVE, FOR
6 TWO YEARS, AUTUST 1, 2012 THROUGH JULY 31, 2014.
7
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor an.
8 Common Council of the City of San Bernardino at a joint regular Meeting, thereof
9 held on the 19th day of Fahr,iary , 2013, by the following vote to wit:
10
COUNCIL MEMBERS AYES NAYS ABSTAIN ABSENT
11
12 MARQUEZ x
13 JENKINS
14 VALDIVIA X
15
SHORETT x
16
KELLEY X
17
18 JOHNSON x
19 MCCAMMACK x •,
20 � • wy1- z-
21 Georgeatth Hanna, ity Clerk
22 The foregoing resolution is hereby approved this al day of February , 2013.
23
24
P 1 ayor
City o an Bernardino
25
Approved as to Form:
26 JAMES F. PENMAN, City Attorney
27
28 By: ,jt&l-i-'c
2013-37
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 two (2) years,
commencing August 1, 2012 with four 1-year options to renew upon 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:
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(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.
(4) 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.
(4) 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
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(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 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.
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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
insure 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.
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(7) CITY will conduct monthly inspections of the facility and provide a
weekly audit form to PSA noting any areas of concern.
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 s` 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
(I) 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.
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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 1st working day of each
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:
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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
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 (90) day period and diligently and in good faith continues to cure
the default.
17. PSA REMEDIES ON CITY'S DEFAULT: PSA at any time 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.
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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
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
201 North"E" Street
Suite 301
San Bernardino, CA 92401-1507
PSA address: Peggi Hazlett
Director of Business, Finance, and Communications
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Public Safety Academy of San Bernardino
1482 E. Enterprise Drive
San Bernardino, CA 92408
909.382.4574 x225
phazlett @psasb.us
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.
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.
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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 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
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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:
Peggi Hazlett, City Manager
Director of Business, Finance & Comm.
Public Safety Academy
Dated: Dated:
Approved as to form:
JAMES F. PENMAN, City Attorney
By:
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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 two (2) years,
commencing August 1, 2012 with four 1-year options to renew upon 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
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(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.
(4) 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.
(4) 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
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(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 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 II
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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
insure 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.
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(7) CITY will conduct monthly inspections of the facility and provide a
weekly audit form to PSA noting any areas of concern.
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 1st working day of each month for
said month. Failure of PSA to perform routine maintenance as noted
within a 30-day i 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
(I) 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.
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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 st working day of each
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:
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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
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 (90) day period and diligently and in good faith continues to cure
the default.
17. PSA REMEDIES ON CITY'S DEFAULT: PSA at any time 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.
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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
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
201 North "E" Street
Suite 301
San Bernardino, CA 92401-1507
PSA address: Peggi Hazlett
Director of Business, Finance, and Communications
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•
2013-37
Public Safety Academy of San Bernardino
1482 E. Enterprise Drive
San Bernardino, CA 92408
909.382.4574 x225
phazl ett(a,psasb.us
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.
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.
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• 2013-37
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 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
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•
AGREEMENT BETWEEN PUBLIC SAFETY ACADEMY
AND CITY OF SAN BERNARDINO
FOR USE OF 1494 AND 1554 E. ART TOWNSEND DRIVE
P - ;LIC SAFETY ACADEMY CITY OF SAN BERNARDINO
By: 40/411„,..
Peggi : !nett, Ci anager
Director of Business, Finance & Comm.
Public Safety Academy
Dated: Dated:
Approved as to form:
JAMES F. PENMAN, City Attorney
By:
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