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HomeMy WebLinkAbout2013-292 1 RESOLUTION NO. 9 l 3-292 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SA BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE THE THI' 1 3 AMENDMENT TO THE FAS STANDARD CONTRACT WITH THE COUNTY OF SA BERNARDINO FOR THE LEASE OF A PORTION OF THE DELMANN HEIGHT 4 COMMUNITY CENTER TO BE USED FOR THE HEAD START PROGRAM. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 0 5 SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. That the City Manager is hereby authorized to execute the Third Amendment to the 7 FAS Standard Contract with the County of San Bernardino for the lease of a portion of the Delman 8 Heights Community Center to be used for the Head Start Program, a copy of which is attached hereto 9 marked Exhibit"1"and incorporated herein by reference as though set forth at length; and SECTION 2. That the authorization granted hereunder shall expire and be void and of no furthe 10 effect if the Agreement is not executed by both parties and returned to the office of the City Clerk withi 11 ninety(90)days following the effective date of the Resolution. 12 /// 13 /// 14 /// 15 /// 16 17 /1/ 18 /// 19 20 /// /// 21 /// 22 /// 23 24 - 1 1 RESOLUTION NO. 2013-292 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF S BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE THE THI' I 3 AMENDMENT TO THE FAS STANDARD CONTRACT WITH THE COUNTY OF SA BERNARDINO FOR THE LEASE OF A PORTION OF THE DELMANN HEIGHT 4 COMMUNITY CENTER TO BE USED FOR THE HEAD START PROGRAM. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor anti 5 Common Council of the City of San Bernardino at a joint regu ar meeting thereof, held o 6 the 21st day of October , 2013, by the following vote,to wit: 7 Council Members: AYES NAYS ABSTAIN ABSENT 8 MARQUEZ X 9 JENKINS X 10 VALDIVIA X 11 SHORETT X 12 VACANT 13 JOHNSON X 14 MCCAMMACK X 15 Georgean• anna, City lerk 16 The foregoing resolution is hereby approved this & day of October , 2013. 17 18 `atrick . Morris, May _ 19 CI • • San Bernardino Approved as to form: 20 JAMES F. PENMAN, City Attorney 21 By: (L 22 23 24 - 2 2013-292 FOR COUNTY USE ONLY '� ;:•� ❑ New FAS Vendor Code I Dept. A Contract Number E°.R;D y Change CITYOFSAN772 SC A 09-830 A-3 `q•� ❑ Cancel ePro Vendor Number ePro Contract Number 00003036 County Department Dept. Orgn. Contractor's License No. Real Estate Services County Department Contract Representative Telephone Total Contract Amount County of San Bernardino David H. Slaughter, Director (909)387-5252 $114,656 F A S Contract Type n Revenue x Encumbered El Unencumbered El Other: STANDARD CONTRACT If not encumbered or revenue contract type, provide reason: Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount 96164 9/9/09 8/31/14 $92,360 $22,296 THIRD AMENDMENT Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No Amount AAA RNT RNT 200 2905 59002663 $ Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount Project Name Estimated Payment Total by Fiscal Year San Bernardino—PSD FY Amount I/D FY Amount I/D 2969 Flores Street Drive Contract type 5(a) THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereinafter called the County, and Name City of San Bernardino hereinafter called CITY or Landlord Address 300 N. "D" Street San Bernardino, CA 92418 Telephone Federal ID No.or Social Security No. (909) 384-5233 IT IS HEREBY AGREED AS FOLLOWS: WHEREAS, the COUNTY and the City of San Bernardino ("CITY") have previously entered into a Lease Agreement, Contract No. 09-830, (the "Lease"), wherein CITY agreed to lease certain real property to the COUNTY; and, WHEREAS, under the terms of the Original Lease Agreement No. 09-830, COUNTY had five (5) one-year option periods available and under the terms of Amendment No. 2 to Lease Agreement, Contract No. 09-830, COUNTY has three (3) one-year options remaining; and, WHEREAS, the COUNTY and CITY now desire to amend the Lease to exercise the third one-year option to extend the term from September 1, 2013 (the "Commencement Date of the Third One-Year Extended Term") through August 31, 2014 (the "Expiration Date of the Third One-Year Extended Term"), while retaining the last two (2) one-year option periods; and, Auditor-Controller/Treasurer Tax Collector Use Only ❑Contract Database ❑FAS Input Date Keyed By Page 1 of 4 2013-292 WHEREAS, the COUNTY AND CITY desire to amend the Lease to modify Paragraph 4, RENT; and, WHEREAS, the COUNTY desires to amend the Lease to modify Paragraph 11, HEALTH, SAFETY AND FIRE CODE REQUIREMENTS; and, WHEREAS, the COUNTY desires to amend the Lease to modify Paragraph 23, CITY'S REMEDIES ON COUNTY'S DEFAULT; and, WHEREAS, the COUNTY desires to amend the Lease to modify Paragraph 25, NOTICES; and, WHEREAS, the COUNTY desires to amend the Lease to modify Paragraph 38, VENUE; and, NOW, THEREFORE, in consideration of the mutual covenants and conditions, the parties hereto agree the Lease Agreement, Contract No. 09-830, is amended as follows: 1. CHANGE that portion of Paragraph 3, TERM, which now reads ..."shall commence on September 1, 2012 (the "Commencement Date of the Second One Year Extended Term") and end on August 31, 2013 (the "Expiration Date of the Second One Year Extended Term")" ... to read ..."shall commence on September 1, 2013 (the "Commencement Date of the Third One Year Extended Term") and end on August 31, 2014 ("the "Expiration Date of the Third One Year Extended Term")". 2. DELETE, in its entirety, Subparagraph 4.a., RENT, and SUBSTITUTE, therefore the following as a new Subparagraph 4.a., RENT and add a new Subparagraph 4.c. as follows: 4. RENT: a. COUNTY shall pay to CITY the following monthly rental payments in arrears on the last day of each month, commencing when the term commences, continuing during the term: September 1, 2013 thru August 31, 2014— monthly payments of$1,858.00 ($0.86 psf) c. CITY agrees to register through the County of San Bernardino's Electronic Procurement Network (ePro) system at https:/epro.sbcounty.gov/epro/. 3. DELETE in its entirety, Paragraph 11, HEALTH, SAFETY AND FIRE CODE REQUIREMENTS, and SUBSTITUTE therefore, the following as a new Paragraph 11, HEALTH, SAFETY AND FIRE CODE REQUIREMENTS: 11. HEALTH, SAFETY AND FIRE CODE REQUIREMENTS: a. Compliance with Code Requirements: As a condition precedent to the existence of this Lease, CITY, at its sole expense will ensure the Premises meet the applicable requirements of all Health, Safety, Fire and Building Codes, statutes, regulations and ordinances for public and governmental buildings, including any requirements for a notice of completion, certificate of occupancy, California Title 24 requirements and the Americans with Disabilities Act ("ADA"). Specifically, CITY must ensure there is an accessible path of travel from public transportation to the Premises pursuant to Title 24. Additionally, CITY warrants that any improvements on or in the Premises which have been constructed or installed by CITY or with CITY's consent or at CITY's direction shall comply with all applicable covenants or restrictions of record and applicable Codes, statutes, regulations and ordinances in effect on the Commencement Date. CITY also warrants to COUNTY that CITY has no knowledge of any claim having been made by any governmental agency that a violation or violations Revised 1/8/13 Page 2 of 4 2013-292 of applicable Codes, statutes, regulations, or ordinances exist with regard to the Premises as of the Commencement Date. Should the continued occupancy of the Premises be in any way prejudiced or prevented due to changes in the ADA or the Health, Safety, Fire and Building Codes, statutes, regulations or ordinances for public and governmental buildings, the CITY shall correct, update and comply with said changes at CITY's cost. b. No Access Inspection: No inspection of the Premises has been performed by a Certified Access Specialist in conjunction with this Lease. 4. DELETE in its entirety, Paragraph 23, CITY'S REMEDIES ON COUNTY'S DEFAULT, and SUBSTITUTE therefore, the following as a new Paragraph 23, CITY'S REMEDIES ON COUNTY'S DEFAULT: 23. CITY'S REMEDIES ON COUNTY'S DEFAULT,: Whenever any Event of Default referred to in Paragraph 22 hereof shall have happened and be continuing, it shall be lawful for the CITY to exercise any and all remedies available pursuant to law or granted pursuant to this Lease; provided, however, that notwithstanding anything herein to the contrary, there shall be no right under any circumstances to accelerate the Rent or otherwise declare any Rent not then in Default to be immediately due and payable. Each and every covenant hereof to be kept and performed by the COUNTY is expressly made a condition and upon the breach thereof the CITY may, at its option, terminate this Lease. In the event of such Event of Default, the COUNTY shall continue to remain liable for the payment of the Rent and/or damages for breach of this Lease and the performance of all conditions contained herein and, in any event such rent and/or damages shall be payable to the CITY only at the same time and in the same manner as provided for the payment of Rent. 5. CHANGE that portion of the existing Paragraph 25, NOTICES, which now reads: "...City of San Bernardino Parks, Recreation & Community Services Department 201-A North "E" Street, Suite 103 San Bernardino, CA 92401..." to read: "...City of San Bernardino Parks, Recreation & Community Services Department 300 N. "D" Street San Bernardino, CA 92418..." and "...County of San Bernardino Real Estate Services Department 825 East Third Street, Room 207 San Bernardino, CA 92415-0832..." to read: "...County of San Bernardino Real Estate Services Department 385 North Arrowhead Avenue, Third Floor San Bernardino, CA 92415-0180..." 6. DELETE in its entirety, Paragraph 38, VENUE, and SUBSTITUTE, therefore, the following as a new Paragraph 38, VENUE: Revised 1/8/13 Page 3 of 4 2013-292 36. VENUE: The parties acknowledge and agree that this Lease was entered into and intended to be performed in San Bernardino County, California. The parties agree that the venue for any action or claim brought by any party to this Lease will be the Superior Court of California, County of San Bernardino. Each party hereby waives any law, statute (including but not limited to Code of Civil Procedure section 394), or rule of court that would allow them to request or demand a change of venue. If any third party brings an action or claim concerning this Lease, the parties hereto agree to use their best efforts to obtain a change of venue to the Superior Court of California, County of San Bernardino. 7. All other provisions and terms of the Lease Agreement, Contract No. 09-830, as previously amended, shall remain the same and are hereby incorporated by referenced. END OF THIRD AMENDMENT. COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO ► By: ► Janice Rutherford, Chair, Board of Supervisors (Authorized signature-sign in blue ink) Dated: Name: (Print or type name of person signing contract) SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE Title: CHAIRMAN OF THE BOARD (Print or Type) Laura H. Welch Dated: Clerk of the Board of Supervisors of the County of San Bernardino Approved as to form: JAMES F. PENMAN, City Attorney _ 7 By: �_ I (Authorized signature-sign in blue ink) Name: .Tamp.q F Pepma9_ (Print or type name of person signing contract) Title: City At ornPy (Print or Type) Dated: 1Ir t obey 16, 2013 By Address 300 N. "D" Street Deputy San Bernardino, CA 92418 Approved as to Legal Form Reviewed by Contract Compliance Presented to BOS for Signature Robert F.Messinger,Deputy County Counsel David H.Slaughter,Director,Real Estate Services Dept. Date Date Date Revised 1/8/13 Page 4 of 4 2013-292 ORIGINAL FOR COUNTY USE ONLY ❑ New FAS Vendor Code I SC Dept. A Contract Number MIE° rv� I A SAN BEFJARDINO u Change CITYOFSAN772 09-830 A-3 ❑ Cancel "Y ePro Vendor Number ePro Contract Number 00003036 County Department Dept. Orgn. Contractor's License No. Real Estate Services County Department Contract Representative Telephone Total Contract Amount County of San Bernardino David H. Slaughter, Director (909)387-5252 $114,656 F A S Contract Type f Revenue x Encumbered n Unencumbered n Other: STANDARD CONTRACT If not encumbered or revenue contract type, provide reason: Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount 96164 9/9/09 8/31/14 $92,360 $22,296 THIRD AMENDMENT Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No Amount AAA RNT RNT 200 2905 59002663 $ Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount Project Name Estimated Payment Total by Fiscal Year San Bernardino—PSD FY Amount I/D FY Amount 1/D 2969 Flores Street Drive Contract type 5(a) THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereinafter called the County, and Name City of San Bernardino hereinafter called CITY or Landlord Address 300 N. "D" Street San Bernardino, CA 92418 Telephone Federal ID No.or Social Security No. (909) 384-5233 IT IS HEREBY AGREED AS FOLLOWS: WHEREAS, the COUNTY and the City of San Bernardino ("CITY") have previously entered into a Lease Agreement, Contract No. 09-830, (the "Lease"), wherein CITY agreed to lease certain real property to the COUNTY; and, WHEREAS, under the terms of the Original Lease Agreement No. 09-830, COUNTY had five (5) one-year option periods available and under the terms of Amendment No. 2 to Lease Agreement, Contract No. 09-830, COUNTY has three (3) one-year options remaining; and, WHEREAS, the COUNTY and CITY now desire to amend the Lease to exercise the third one-year option to extend the term from September 1, 2013 (the "Commencement Date of the Third One-Year Extended Term") through August 31, 2014 (the "Expiration Date of the Third One-Year Extended Term"), while retaining the last two (2) one-year option periods; and, Auditor-Controller/Treasurer Tax Collector Use Only Cl Contract Database ❑FAS Input Date Keyed By Page 1 of 4 2013-292 WHEREAS, the COUNTY AND CITY desire to amend the Lease to modify Paragraph 4, RENT; and, WHEREAS, the COUNTY desires to amend the Lease to modify Paragraph 11, HEALTH, SAFETY AND FIRE CODE REQUIREMENTS; and, WHEREAS, the COUNTY desires to amend the Lease to modify Paragraph 23, CITY'S REMEDIES ON COUNTY'S DEFAULT; and, WHEREAS, the COUNTY desires to amend the Lease to modify Paragraph 25, NOTICES; and, WHEREAS, the COUNTY desires to amend the Lease to modify Paragraph 38, VENUE; and, NOW, THEREFORE, in consideration of the mutual covenants and conditions, the parties hereto agree the Lease Agreement, Contract No. 09-830, is amended as follows: 1. CHANGE that portion of Paragraph 3, TERM, which now reads ..."shall commence on September 1, 2012 (the "Commencement Date of the Second One Year Extended Term") and end on August 31, 2013 (the "Expiration Date of the Second One Year Extended Term")" ... to read ..."shall commence on September 1, 2013 (the "Commencement Date of the Third One Year Extended Term") and end on August 31, 2014 ("the "Expiration Date of the Third One Year Extended Term")". 2. DELETE, in its entirety, Subparagraph 4.a., RENT, and SUBSTITUTE, therefore the following as a new Subparagraph 4.a., RENT and add a new Subparagraph 4.c. as follows: 4. RENT: a. COUNTY shall pay to CITY the following monthly rental payments in arrears on the last day of each month, commencing when the term commences, continuing during the term: September 1, 2013 thru August 31, 2014— monthly payments of$1,858.00 ($0.86 psf) c. CITY agrees to register through the County of San Bernardino's Electronic Procurement Network (ePro) system at https:/epro.sbcounty.gov/epro/. 3. DELETE in its entirety, Paragraph 11, HEALTH, SAFETY AND FIRE CODE REQUIREMENTS, and SUBSTITUTE therefore, the following as a new Paragraph 11, HEALTH, SAFETY AND FIRE CODE REQUIREMENTS: 11. HEALTH, SAFETY AND FIRE CODE REQUIREMENTS: a. Compliance with Code Requirements,: As a condition precedent to the existence of this Lease, CITY, at its sole expense will ensure the Premises meet the applicable requirements of all Health, Safety, Fire and Building Codes, statutes, regulations and ordinances for public and governmental buildings, including any requirements for a notice of completion, certificate of occupancy, California Title 24 requirements and the Americans with Disabilities Act ("ADA"). Specifically, CITY must ensure there is an accessible path of travel from public transportation to the Premises pursuant to Title 24. Additionally, CITY warrants that any improvements on or in the Premises which have been constructed or installed by CITY or with CITY's consent or at CITY's direction shall comply with all applicable covenants or restrictions of record and applicable Codes, statutes, regulations and ordinances in effect on the Commencement Date. CITY also warrants to COUNTY that CITY has no knowledge of any claim having been made by any governmental agency that a violation or violations Revised 1/8/13 Page 2 of 4 2013-292 of applicable Codes, statutes, regulations, or ordinances exist with regard to the Premises as of the Commencement Date. Should the continued occupancy of the Premises be in any way prejudiced or prevented due to changes in the ADA or the Health, Safety, Fire and Building Codes, statutes, regulations or ordinances for public and governmental buildings, the CITY shall correct, update and comply with said changes at CITY's cost. b. No Access Inspection: No inspection of the Premises has been performed by a Certified Access Specialist in conjunction with this Lease. 4. DELETE in its entirety, Paragraph 23, CITY'S REMEDIES ON COUNTY'S DEFAULT, and SUBSTITUTE therefore, the following as a new Paragraph 23, CITY'S REMEDIES ON COUNTY'S DEFAULT: 23. CITY'S REMEDIES ON COUNTY'S DEFAULT: Whenever any Event of Default referred to in Paragraph 22 hereof shall have happened and be continuing, it shall be lawful for the CITY to exercise any and all remedies available pursuant to law or granted pursuant to this Lease; provided, however, that notwithstanding anything herein to the contrary, there shall be no right under any circumstances to accelerate the Rent or otherwise declare any Rent not then in Default to be immediately due and payable. Each and every covenant hereof to be kept and performed by the COUNTY is expressly made a condition and upon the breach thereof the CITY may, at its option, terminate this Lease. In the event of such Event of Default, the COUNTY shall continue to remain liable for the payment of the Rent and/or damages for breach of this Lease and the performance of all conditions contained herein and, in any event such rent and/or damages shall be payable to the CITY only at the same time and in the same manner as provided for the payment of Rent. 5. CHANGE that portion of the existing Paragraph 25, NOTICES, which now reads: "...City of San Bernardino Parks, Recreation & Community Services Department 201-A North "E" Street, Suite 103 San Bernardino, CA 92401..." to read: "...City of San Bernardino Parks, Recreation & Community Services Department 300 N. "D" Street San Bernardino, CA 92418..." and "...County of San Bernardino Real Estate Services Department 825 East Third Street, Room 207 San Bernardino, CA 92415-0832..." to read: "...County of San Bernardino Real Estate Services Department 385 North Arrowhead Avenue, Third Floor San Bernardino, CA 92415-0180..." 6. DELETE in its entirety, Paragraph 38, VENUE, and SUBSTITUTE, therefore, the following as a new Paragraph 38, VENUE: Revised 1/8/13 Page 3 of 4 t 2013-292 36. VENUE: The parties acknowledge and agree that this Lease was entered into and intended to be performed in San Bernardino County, California. The parties agree that the venue for any action or claim brought by any party to this Lease will be the Superior Court of California, County of San Bernardino. Each party hereby waives any law, statute (including but not limited to Code of Civil Procedure section 394), or rule of court that would allow them to request or demand a change of venue. If any third party brings an action or claim concerning this Lease, the parties hereto agree to use their best efforts to obtain a change of venue to the Superior Court of California, County of San Bernardino. 7. All other provisions and terms of the Lease Agreement, Contract No. 09-830, as previously amended, shall remain the same and are hereby incorporated by referenced. END OF THIRD AMENDMENT. COUNTY OF SAN BERNA INO CITY OF SAN BERNARDINO •AMt.C.k. ' /440k By: ' 4...�' Janice ut rford. Chair, Board of Supervit S (Au rized signature-sign in blue ink) Dated: 1'..'i Name: Allen J. Parker (Print or type name of person signing contract) SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE Title: City Manager CHAIRMAN OF THE BOARD (Print or Type) Laura H. Welch Dated: OCA . 23 t 20 \ Clerk of the Board of Supervisors of the County of San Bernardino Approved as to form: JAMES F.'ENMAN, City Attorney I By: . t.= (y 3 ! -7 r o 'fly .. „ __i__A,r " _- 3 — o N 0 �I Hl •U M c. 1 . g t1 N0190 N H' Y r'. 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