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05.M- Parks, Recreation & Community Services
RESOLUTION (ID #3261) DOC ID: 3261 A CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Lease From: Mickey Valdivia M/CC Meeting Date: 06/16/2014 Prepared by: Deborah Hansen, (909) 384- 5233 Dept: Parks, Recreation & Community Ward(s): 6 Services Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute the Fourth Amendment to Lease Agreement 09-830 with the County of San Bernardino for the Head Start Program to Utilize a Portion of the Delmann Heights Community Center. (#3261) Current Business Registration Certificate: Not Applicable Financial Impact: The proposed agreement will provide approximately$22,296 in projected rental revenue during the year. The anticipated revenue has been included in the FY 2014-2015 budget. 0 Account No. 001-380-0000-4901 Motion: Adopt the Resolution. Synopsis of Previous Council Action: 9/8/2009 Resolution No. 2009-314,rescinding Resolution No. 2009-300 and authorizing the City Manager to execute a revised Lease Agreement with the County of San Bernardino for the lease of a portion of the Delmann Heights Community Center to be used for the Head Start Program,was adopted. Background: At the September 8,2009,meeting of the Mayor and Common Council, Resolution No. 2009- 314 was adopted; Resolution 2009-314 rescinded Resolution No. 2009-300 and authorized the City Manager to execute a revised Lease Agreement with the County of San Bernardino for the lease of a portion of the Delmann Heights Community Center to be used for the Head Start Program. Under the terms of the revised Lease Agreement,the County leased 2,160 square feet of classroom and office space at a cost of$0.90 per square foot. September 1, 2014, marks the fourth year of the lease agreement and the fourth of five single- year options to extend. The County and Head Start staff members have been integral partners in providing exceptional programs and services to the Delmann Heights Community. The original agreement allowed the Head Start Program to transition from City control to County oversight, � while safeguarding positions, enhancing service delivery, and creating a new revenue stream to Updated: 6/4/2014 by Jolena E.Grider A Packet Pg. 215 3261 help mitigate Departmental budget reductions. The attached agreement(Exhibit 1) authorizes execution of the fourth amendment to the Lease Agreement with the County of San Bernardino. The County has proposed amendments to the Lease Agreement as outlined in their request letter Exercise Option to Extend Term&Proposal(Attachment A). Pursuant to the amended Lease Agreement,the County is proposing to pay an annual rental fee of$22,296, or$0.86 per square foot. This is the same rental fee of September 1, 2104. As such, the Lease Agreement, as amended, is of mutual benefit to both the City and the County and is recommended for approval. City Attorney Review: Supporting Documents: reso 3261 (PDF) agrmt 3261 (PDF) Attachment A-Proposal to Exercise Option to Extend Term (PDF) BACKUP -09-830 Original Lease (PDF) BACKUP - 09-830 Amendments 1-3(PDF) Updated: 6/4/2014 by Jolena E.Grider A 5.M.a RESOLUTION NO.2014- 1 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE THE 3 FOURTH AMENDMENT TO LEASE AGREEMENT 09-830 WITH THE COUNTY 4 OF SAN BERNARDINO FOR THE HEAD START PROGRAM TO UTILIZE A PORTION OF THE DELMANN HEIGHTS COMMUNITY CENTER. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 6 CITY OF SAN BERNARDINO AS FOLLOWS: in 4- O 7 c 8 SECTION 1. That the City Manager is hereby authorized to execute the fourth Amendment o U 9 to Lease Agreement 09-830 with the County of San Bernardino for the lease of a portion of 3 10 the Delmann Heights Community Center to be used for the Head Start Program, a copy of o 11 which is attached hereto, marked Exhibit "1" and incorporated herein by reference as though o 12 N 13 set forth at length; and N 14 SECTION 2. That the authorization granted hereunder shall expire and be void and of no 15 further effect if the Agreement is not executed by both parties and returned to the office of the 16 EE City Clerk within ninety (90) days following the effective date of the Resolution. 17 18 19 N O 20 L 21 E 22 V 23 1/l a 24 25 /ll 26 /II !►- 27 28 Packet Pg.217 5A.a RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE THE 2 FOURTH AMENDMENT TO LEASE AGREEMENT 09-830 WITH THE COUNTY OF SAN BERNARDINO FOR THE HEAD START PROGRAM TO UTILIZE A 3 PORTION OF THE DELMANN HEIGHTS COMMUNITY CENTER. 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 5 Council of the City of San Bernardino at a meeting Common Co Y _ 6 m of 2014 b the following vote to wit: thereof, held on the day , Y g o , 7 8 Council Members: AYES NAYS ABSTAIN ABSENT o v 9 L MARQUEZ 3 10 a BARRIOS o M 11 00 VALDIVIA 12 ,n 13 SHORETT N s 14 NICKEL x 15 JOHNSON 16 E MULVIHILL o 17 18 Georgeann Hanna, City Clerk 19 N M 20 The foregoing resolution is hereby approved this day of ,2014. L 21 E 22 R. Carey Davis, Mayor 23 City of San Bernardino Q 24 Approved as to form: 25 Gary D. Saenz, City Attorney 26 B � 27 28 Packet Pg.218 S.M.b AL FOR CauNTY USE ONL,?' _ New FAS Vendor Code Dept. Contract Number ,a CIN Change CITYOFS772 SC RNT A 094301A4; ( Cancel _ ePro Vendor Number ePro Contract Number 00003036 County Department Dept: O�gn. Contractor's License No. Real Estate Services RNT RNT County Department Contract Representative Telephone Total Contract Amount County of San Bernardino Terry W.Thompson, Director (909)387-5252 $136;952 FAS � Contract Type Revenue Encumbered _IJ Unencumbered _ © Other If not encumbered or revenue contract type,provide reason'J m STANDARD CONTRACT — N 0 Commodity Code Contract Start Date Contract End Date Orlginal Amount Amendment Amount 0 96164 9/9109 8/31/15 $114,656.00 $22,296.00 = Fund Dept. Organization Appr. Obj/Rev Source GRCIPROJid06 No Amount U FOURTH AMENDMENT AAA RNT RNT 200 2905 59002663 $ � Fund Dept. Organization Appr. ObJIRev Source GRCIPROJ/JOB No. Amount $ Fund Dept. Organization Appr, Obj/Rev Source GRClPROJ/J08 No. Amount <C $ M 0? Project Name Estimated Payment Total by Fiscal Year a) San Bernardino—PSD FY Amount I/D FY Amount 1/0 0 2969 Flores Street — _ J Contract type 5(a) LM c THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereinafter called = the County, and c Name E City of San Bernardino hereinafter caked CITY or Landlord 0 Address 300 N."D" Street .- cc N San Bernardino, CA 92418 _ Telephone Federal ID No.or Social Security No. (909) 384-5233 `O N M IT IS HEREBY AGREED AS FOLLOWS: E L a} fQ 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 COUNTY; E and, 0 U t6 WHEREAS, under the terms of the Original Lease Agreement No. 09-830, COUNTY had five (5) one-year Q option periods available and under the terms of Amendment No. 3 to Lease Agreement, Contract No. 09-830, COUNTY has two (2) one-year options remaining; and, WHEREAS, the COUNTY and CITY now desire to amend the Lease to exercise the fourth one-year option to extend the term from September 1, 2014 (the "Commencement Date of the Fourth One-Year Extended Term") Auditor•ControllerJTreasurer Tax Collector Use Onl ❑Contract Database ❑FA5 Input Date Keyed By Page 1 of 3 Packet Pg. 219 o One-Year Extended Term"), while retaining the last through August 31, 2015 (the Expiration Date of the Fourth ) one-year option period; and, WHEREAS, the COUNTY and CITY desire to amend the Lease Agreement No. 09-830 to modify Paragraph 3, TERM; and, WHEREAS, the COUNTY and CITY desire to amend the Lease Agreement No. 09-830 to modify Paragraph 4, RENT, NOW, THEREFORE, in consideration of mutual covenants and conditions, the parties hereto agree the Lease m Agreement, Contract No. 09-830, is amended as follows: U) 0 1. CHANGE that portion of Paragraph 3. TERM, which now reads "...shall commence on September 1, 2013 (the"Commencement Date of the Third One Year Extended Term") and end on August 31,2014(the"Expiration o Date of the Third One Year Extended Term").,." to read "...shall commence on September 1, 2014 (the U "Commencement Date of the Fourth One Year Extended Term") and end on August 31, 2015 (the"Expiration Date of c the Fourth One Year Extended Term")...". 2. EXTEND the term of the Lease pursuant to Paragraph 6, OPTION TO EXTEND TERM, from September 1, 2014 (the "Commencement Date of the Fourth One Year Extended Term") through August 31, 2015 M (the "Expiration Date of the Fourth One Year Extended Term") at a monthly rate of One Thousand Eight Hundred o Fifty-Eight and 00/100 Dollars ($1,858.00 or$0.86/sq.ft.)for twelve(12) months. N cn 1 DELETE, in its entirety, Subparagraph 4.a., RENT, and SUBSTITUTE, therefore the following as a new Subparagraph 4.a., RENT as follows: a0 4. RENT: _ c a. COUNTY shall pay to CITY the following monthly rental payments in arrears on the last M day of each month, commencing when the term commences, continuing during the term: aD September 1, 2014 thru August 31, 2015—monthly payments of$1,858.00($0.86 psf) N M T N M THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK E L d.d s U l4 r Q Revised 1/8/13 Page 2 of 3 Packet Pg.220 4. 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 reference. END OF FOURTH AMENDMENT. m Cn T 0 CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO = 0 ® U Y Janice Rutherford, Chair, Board of supervisors By " (Authorized signature-sign in blue Ink) 3 Dated: Name: Allen J. Parker Q 0 M SIGNED AND CERTIFIED THAT A COPY OF THIS o DOCUMENT HAS BEEN DELIVERED TO THE Title:City Manager.. c CHAIRMAN OF THE BOARD m Laura H,Welch Dated: (n cn Clerk of the Board of Supervisors J j of the County of San Bernardino y Approved as to GARY D.SAENZ,City Attorney By: ."•6uthorized signature sign in blue ink) E Name; Gaul.Saenz W "(Print or type name of person signing contract) r Title: City Attorney - CO N (Print or Type) M Dated: N co rr B Address: 300 N_"D"Street E y Deputy San Bernardino CA 92418 c Presented to Bos for Signature m Appro d as to t_ at Reviewed by Contract Compliance S E t v Alan L Gree ,De`puty aun y ounsel Terry W.Thompson,Director,Real Estate Services Dept, Q Date Date Date Page 3 of 3 Revised 1/8113 Packet Pg.221 REAL-ESTATE SERVICES DEPARTMENT ' - COUNTY OF SAN BERNAR f t � 385 North Arrowhead Avenue,Third Floor•San Bernardino,CA 92415-0180 David H.Slaughter 1Q09)387.5252•Fax(909)387.5353 Director m Via U.S. Mail Delivery and E-Mail rn 0 February 25, 2014 0 U t 3 City of San Bernardino Parks, Recreation & Community Services Department a 0 Attn: Mr. Mickey Valdivia, Director 300 N. D Street c San Bernardino, CA 92418 N RE: SAN BERNARDINO — PRESCHOOL SERVICES DEPARTMENT — 2969 FLORES STREET — LEASE AGREEMENT NO. 09-830— PROPOSAL TO EXERCISE OPTION TO EXTEND TERM L Dear Mr. Valdivia, _ s: c The purpose of this letter is to formally notify the City of San Bernardino (herein referred to as "CITY") of the County of San Bernardino's intention to exercise the fourth of five one-year options extending o the lease term one year from September 1, 2014 to August 31, 2015, while retaining the fifth and last one-year option period, for the above referenced location. N M As reflected in the original Lease Agreement No. 09-830, Paragraph 6, OPTION TO EXTEND TERM E states: "CITY gives COUNTY the option to extend the term of the Lease on the same provisions and Q conditions, except for the monthly rent, for five (5) one-year periods ("extended terms') following ~ expiration of the Initial Term, by COUNTY giving notice of its intention to exercise the option to CITY prior to the expiration of the preceding term or during any holding over pursuant to Paragraph 8, w HOLDING OVER. The rent for each extended term shall be adjusted by good faith negotiation of the parties to the fair market rental rate then prevailing based upon the rental rates of comparable leased c property in San Bernardino County." ° a Based on the above, LANDLORD and COUNTY are required to negotiate a new lease rate based on o the fair market rental rate then prevailing in San Bernardino County. L In reviewing our files, the County of San Bernardino leases 2,160 square feet of classroom and office W space and 256 square feet of playground area on behalf of the Preschool Services Department. PSD ° administers the Federal Head Start and Early Head Start programs, California Department of N Education State Preschool program, as well as the Child and Adult Care Food Program in 43 locations c throughout the County of San Bernardino. All programs are funded from Federal and State sources. a` Although the sequestration was lifted earlier this year, PSD is experiencing budgetary challenges. a Nevertheless, PSD has a need to continue to provide services at this location. Based on Amendment d No. 3 to Lease Agreement No. 09-830, the current monthly rate through August 31, 2014 is $1,858.00 E ($0.86 per square foot/Modified Gross). Based on comparables, the average modified gross lease rate in San Bernardino is $0.87. The COUNTY is requesting that the CITY approve keeping the monthly a rate effective September 1, 2014 at $1,858 ($0.86 per square foot/Modified Gross) fixed for the next twelve (12) months. (See comparables attached). s U R a Board of Supervisors GREGORY C.DEVEREAUX ROBERT A.LOVINGOOD. . . .. . . . . . .First District JAMES RAMOS. .... .. . . .. . . . . . ..Third District Chief Executive Officer JANICE RUTHERFORD,Chair. . . . .Second District GARY C.OVITT,Vice Chair. . . .. ..Fourth District JOSIE GONZALES. . .. .. ... . . .. . . . .Fifth District Packet Pg.222 City of San Bernardino February 25, 2014 Page—2— Please find below our Proposal. m Existing Lease: Lease Agreement No. 09-830, that will expire on August 31, 2014 0 Premises: 2969 Flores Street, San Bernardino 0 U Square Footage: 2,160 square feet of classroom and office space and 256 square feet of playground 3 Terms & Exercise the fourth of five one-year option periods extending the term from M Commencement Date: September 1, 2013 (the "Commencement Date of the Fourth One-Year 0? Extended Term") and expiring August 31, 2015 (the "Expiration Date of the o Fourth One-Year Extended Term"). �a aD Base Rent: The County proposes the following: from the Commencement Date and N continuing through the Expiration Date, County shall pay to Landlord the following monthly rental payments in arrears on the last day of each month, commencing when the term commences, continuing during the term, subject X to 0% annual increases, as provided below: E Sept. 1, 2014 thru Aug. 31, 2015-monthly payments of$1,858($0.86 psf MG) o Annual Increases: 0% N n Option: The fifth and last one-year option still remains. E 0 The COUNTY intends to continue good-faith negotiations to exercise the fourth of five one-year option periods extending the term one year from September 1, 2014 through August 31, 2014. X w This letter is intended solely and exclusively as a preliminary expression of general intentions. 0 r It is intended that neither party shall have any binding contractual obligations to the other with o respect to the matters referred to herein unless and until a formal written lease amendment has CL been prepared with adequate opportunity for review by legal counsel and has been fully o executed and delivered by the parties. Please be advised that the Board of Supervisors is the y final authority for executing the proposed lease amendment on behalf of the County of San 2- Bernardino. X w 0 r If the above is acceptable, please contact me at (909) 387-5121. 6 N O Sincerely, o a S � a d Els Banks E Real Property Agent II EB:ma a a.: c cc: Shairon Nevills - PSD E Donna Estes - PSD a Packet Pg.223 5.M.c Comps -SB 5,000-10,000 sf m FS MG NNN Co 4- $ 1.30 $ 1.10 $ 1.00 O $ 1.75 $ 0.85 $ 0.50 c 3 $ 0.75 $ 0.75 $ 0.75 AVG U $ 1.27 AVG $ 0.75 $ 1.25 3 $ 0.50 Q $ 0.87 AVG ° Cl OP 0) O d N O d J LM CD C C Cu E d D r to N M - H C d r X W O C O Q 0 Q U L K W O N O Q O L a a c m E U ca r a E U a Packet'Pg.224 5.M.c m 0 a c 0 U i I I I r�Y ix � 00 Lt 1 C CU a d i t � N M Location: Lonergan Bldg Building Type: Class B Office N Inland Empire East Cluster H East San Bernardino Submarket Status: Under Renovation,delivers Jul 2014 San Bernardino County Stories: 3 San Bernardino,CA 92401 RBA: 21,000 SF Typical Floor: 7,000 SF X W Developer., - Total Avail: 21,000 SF 0 Management: - %Leased: 0% _ Recorded Owner: Jung Hwang 0 CL O Expenses: 2012 Tax Q$0,811sf (1) Parcel Number: 0135-111-09,0135-111-10,0135-111.11 rn Parking: 66 free Surface Spaces are available; Ratio of 3.1411,000 SF Amenities: Bus Line,Corner Lot a1 X LU a w Floor SF Avail Mor congg Bldg Conlig RenUSF/mo r Sys Occupancy Term : Type E 1st/SuiteIsl 11 7,000 7,000 21,000 $1.00 1nnn 07/2014 Negotiable New O E 2nd/Suite 2nd 11 7,000 7,000 21,000 $1.001nnn 0712014 Negotiable New 0 E 3rd/Suite 3rd fl 7,000 7,000 21,000 51.00 1nnn 07/2014 Negotiable New 2 a Q c a� E s U Q d This copyrighted report contains research licensed to DAUM Commercial Real Estate SoMcos-45.8587. 1123/2014 Page age 1 1 V Q Packet Pg. 225 J loom*\ y C 7 a O U t � E i M 0? W O O N y � d i_ 4 s cwi .asv3s M a -��� �,YT�'":rm'�°�.�.,a-.,� t .m y 0?. �• �� Q1 d) r t0 N Location: SWC W4th&N D St Building Type: Rotaii/Freestanding Inland Empire East Cluster Bldg Status: Built 1980 E East San Bernardino Submarket Building Size: 17,507 SF _ San Bernardino County Typical Floor Size: 17,507 SF O San Bernardino,CA 92401 Stories: 1 H Land Area: 0.76 AC C Developer: Total Avail: 5,500 SF Management: - %Leased: 68.6% K Recorded Owner: Cunningham Larry V Total Spaces Avail: 1 Smallest Space: 5,500 SF Expenses: 2012 Tax @$0.21/sf;2012 Ops a $5.761sf Bldg Vacant: 5500 O O Parcel Number: 0134.241-61 Q. O Amenities: Corner Lot tv Street Frontage: 121 feet on W 4th St �? 61 feet on N D St x Parking: 12 Covered Spaces are available;70 froe Surface Spaces are available; Ratio of 1.7111,000 SF lu O w Floor SF Avail °FloorContip Bldg Conoo RonVSFlmo+Sva Occupancy___ Term Type �� y P 1st 5,500 5,500 5,500 $1.101+eloc Vacant 1-3yrs birecl O Q O L d. i Q Y U f0 Q O 112312014 Tnis copyrighted report contains research licensed to DA116t Commercial Real Estate Swces.458567. Page 2 U a�- Q Packet Pg. 226 m Y) O a c Y Q 0 M O d N tC Q J N s c c tts E m O N M E Location: 4th Street Plaza Building Type: Class C Office = Inland Empire East Cluster East San Bernardino Submarket Status: Built 1950,Renov 1986 X San Bernardino County Stories: 2 W San Bernardino,CA 92401 RBA: 35,426 SF O Typical Floor. 17,713 SF +' Total Avail; 13,500 SF 0 O Developer: - %Leased: 100% Q Management: Recorded Owner: 570 West 4th Street,LP 0 O N Expenses: 2012 Tax @$0.461sf,2012 Est Tax @$0.55/sf;2010 Ops @ S1.38Isf,2012 Est Ops @$1.74/sf Parcel Number: 0134-131.32 K Parking: 135 free Surface Spaces are available; Ratio of 5.00/1,000 SF W Amenities: Bus Line,Corner Lot 0 R to Ptoor t.,„p. 5l�Avall ,,I.F� '=o Floor.GonHO «:dldOGattlY 8vi=<Q, ,it';at)ccu . ., O l Tm CL iF7ye.z SFm � E 2nd/Suite 2nd Floor 547.13,500 13,500 13,500 S0.5040.661nnn Negotiable Negotiable Direct O a` a Y d E s to Y Y Q Y 112312014 E This copyrighted report ccntsns research iconsed to DAUM Commercial Real Estate Services•456567. Page 3 v Q Packet„Pg. 227 5.M.c .rte 505 N Arrowhead Av;LL i m C/) b O s f 0 Cl) r CO C> y a � G In E d .,....:.:.�.' -- c4 N Cl) _.. _...__._:_.. E L Location: Arrowhead Bldg Building Type; Class C Office a Inland Empire East Cluster East San Bernardino Submarket Status: Built 1971 San Bernardino County Stories: 5 X W San Bernardino,CA 92401 RBA: 39,909 SF O Typical Floor: 7,982 SF +� Total Avail: 16,290 SF = Developer: - %Leased: 59.2% Management: Ideal Holdings Inc CL Recorded Owner. 505 North Arrowhead LLC O N rn U Expenses: 2012 Tax @$0.551sf L Parcel Number: 0135-091-60 W Parking: 100 free Surface Spaces are available; Ratio of 4.00/1,000 SF Amenities: Atrium,Bus Line,Corner Lot O 0 N Floor SF Avail Floor ConUg Bldg Contlg RenttSFhno*Svs' Occupancy Term Type Q P 2nd/Suite 20112081210 5,175 5,175 5,175 $0.851mg Vacant 1-3 yrs Direct O d c +v E s U Y Q Y 1/2312014 E This copyrighted report contains research licensed to DAUM commercial Real Estate Services.458567. ® Page 4 U Q Packet Pg. 228 5.M.c to 0 a c O U Y v Q 0 M 00 A 0) O d N Location: Bankruptcy Court Bldg Building Type: Class C Office 0 SEC 7th&Arrowhead Inland Empire East Cluster Status: Built 1984,Ronov 2003 Y East San Bernardino Submarket Stories: 2 San Bernardino County RBA: 38,788 SF San Bernardino,CA 92401 Typical Floor: 19,394 SF = Total Avail: 23,478 SF C Developer: - %Leased: 100% C Management: - Recorded Owner: Triland Capital LLC E Q Expenses: 2012 Tax @ 50.47/sf Parcel Number: 0135-031.04,0135.031-05,0135.031.06,0135.031.07,0135.031.08,0135-031-09 N Parking: 60 Surface Spaces are available; Ratio of 3.0011,000 SF M Amenities: Corner Lot d Floor" -r SF Avail FloolConttg Bldg Conti @. RenVSp7mo+Sva Occupancy Teim Type ~ P 1st 200-15.784 15,784 23,478 $0.751mg 30 Days Negotiable Direct P 2nd 7.694 7,694 23,478 $0.75/rng 30 Days Negotiable Direct N X W O C O O m N U i O X W O sC N O CL O L Q� s a 1/2312014 This cepyr4ned repot contains research licensed to DAU61 Commercial Real Estate S«vices-458567. U Page 5 t�C Q Packet Pg. 229 • 5.M.c m 0 c • €; O U I � v 4 0 Cl) � O r a) O � to LA C t4 W 0 r CV E L Location: First American Title Building Type: Class C Office a) Inland Empire East Cluster East San Bernardino Submarket Status: Built 1968 -a San Bernardino County Stories: 4 Q) San Bernardino,CA 92401 RBA: 40,000 SF X W Typical Floor: 10,000 SF Developer Total Avail: 16,600 SF o Management: /e Leased: 83.5/0 Recorded Owner: First American Bank of Maryland O O Expenses: 2012 Tax @$0.041sf N Parcel Number: 0135-161-31,0135-161-38,0135-161-39 U Parking: 45 free Surface Spaces are available; Ratio of 1.1311,000 SF d K /) W Floor 8F Avail Floor Contlp 81dg Contlg Ron1lSFlmo+SJa' Occupancy Term Type ( O E 2nd/Suite 2 700-10,000 10.000 15,000 S1.30ifs 30 Days Negotiable Direct V P 3rd I Suite 313 800 800 15,800 S1.30/fs Vacant Negotlabte Direct to P 4th 7 Suite 4 5.000 5,000 15,800 $1.301fs Vacant Negotiable Direct O CL O L- a. d s Y Q ice+ This copyrighted report contains research licensed to DAUM commercial Real Estate Services-458567. 112312014 Page 6 to Q Packet Pg. 230 5M.c ��. Now 4- O _ O U ,r 3 v d O Cl) CD d7 O d to fiS d J N r O_1 N CU C_ 4 � r N C Office fice O Location: Inland Empire East Cluster Building Type; C F- East San Bernardino Submarket -O Status: Built 1968 San Bernardino County = San Bernardino,CA 92401 Stories: 4 d RBA: 43,208 SF W Typical Floor: 10,802 SF Total Avail: 11,414 SF 0 Developer: - %Leased: 100% =O Management: - Recorded Owner: Luxor Properties,Inc. Q O N Expenses: 2012 Tax @$0.751sf N Parcel Number: 0135-201-37 L Parking: 60 free Surface Spaces are available; Ratio of 2.8011,000 SF O K Amenities: Bus Line W O ON= occupancy Yorm Type fa Floor SF Avail floor Contlg Bldg Condg N P 2nd/Suite 265 5,200 5,200 5,200_ $0.751mg 30 Days Negotiable Direct Q O a c a� E t U .r Q CD 1123/2014 This copyrighted report carlains research licensed to DAUAt commerdat Real Estate Serrlces-456567. Page 7 U is Q Packet Pg. 231 _ m 0 a c 0 U s +r .3 v , 0 M , O E'� N ICU J tT 9= C d , O .t C4 E d Location: Vanir Tower Building Type: Class B Office Inland Empire East Cluster East San Bernardino Submarket Status: Built 1976 X San Bernardino County Stories: 9 W San Bernardino,CA 92401 RBA: 132,482 SF Typical Floor: 14,720 SF Total Avail: 31,913 SF O 0 Developer: - %Leased: 75.9% Management. Vanir Development Company,Inc. >Z Recorded Owner: Vanir Tower Building,Inc. 0 N rn U Expenses: 2012 Tax @$0.85/sf `- Parcel Number: 0134-31142 K Parking: 100 free Surface Spaces are available W Amenities: Corner Lot 0 t � ti opt 9FAvall FloorContt Bldg Contig RontlsFlmo+Sys� � �Ocoupancy Term Type Q P 3rd I Suite 300 9,760 12,666 12,666 $1 757fs Vacant Negotiable Direct J O P 3rd if Suite 302 559 12,666 12,666 $1.75/fs Vacant Negotiable Direct p„ P 3rd t Suite 303 1,593 12,666 12,666 $1.75tfs Vacant Negotiable Direct _P_3rd I Suite 304 754 12,666 12,666 $1.75/fs Vacant Negotiable Direct Q C d E s V a W 1123/2014 t This copyrighted report contains research licensed to l7AUM Commnrdat Real Estate Services•458587. Page 6 V .iE Q Packet Pg. 232 5.M.c m 0 0 U 3 v a O CO) CO r O O N N t0 d J N1 rr tts 111 d o C4 E s_ Location: Inland Empire East Cluster Building Type: Class C Office d h East San Bernardino Submarket San Bernardino County Status: Built 1970 San Bernardino,CA 92401 Stories: 5 4; RBA: 44,530 SF LL Typical Floor: 8,904 SF Total Avail: 17,396 SF Developer: - %Leased: 60.9% 0 Management: - Recorded Owner: - Q O m Expenses: 2012 Tax @$1.171sf 0 Parcel Number: 0134-251-55 Parking: 75 free Surface Spaces are available; Ratio of 4.04/1,000 SF X W t`itltlr,°= 5FAvaII. ,,.,f ;EFloor,Caitlgr"e..t'"°agldgC4ntl6:r 3 Rohr/SFlriitll,Svs y`, OCCUPanr< T ";1 ,TY a,°''= O P 1st/suite 110 1,251 5,697 5,697 51.25/mg Vacant 1-3 yrs Direct R P is11_Sulte 120 3,096 5,697 5;8w 8.7 $1.251mg Vacant 1-3 yrs Direct O P 1st I Suite 125 1,351 5,697 5,697 51.25Img Vacant 1.3 yrs Direct t? ti 5th 750.8,904, 8,904 8,904 1.251mg-Vacall 1-3yrs Direct O a a d E a 112312014 = This copyrighted report contains research licensed to UAUM Commercial Real Estate Services.455567. Pago 9 V Q Packet Pg.233 5.M.c Q m C/) 4- O C O O CD U s v M O - N v C C to Location: DPSS Training Center Building Type: Class B Office E Inland Empire East Cluster w East San Bernardino Submarkot Status: Built 1982 a San Bernardino County Stories: 2 San Bernardino,CA 92401 RBA: 18,460 SF Typical Floor: 9,230 SF CC14 Developer: - Total Avail: 18,460 SF Management: - /o Leased: 0% E Recorded Owner: Franklin Road Investment,Inc. Expenses: 2012 Tax @ 50.921sf N Parcel Number: 0135.091-69 K Parking: 20 free Covered Spaces are available;30 free Surface Spaces are available; Ratio of 4,0011,000 SF W Amenities: Corner Lot O r C O Floor SF Avail FloorConBg BldgContlg RentlUlmo+Svs Occupancy Twin Typo / p- E 1st 1,000.9.230 0,230 18,460 S0.7540.90/is Vacant Negotiable Direct V/ O E 2nd 1,000.9,230 9,230 18,460 $0.7540.9011's Vacant Negotiable Direct N X W O in O Q O L a Q c a� E s cts Q m This copyrighted report contains research licensed to DAUM Commercial Real Estate Services.458567. 112312014 mm Page 10 v .r Q Packet Pg. 234 O c O U t 3 r c Y Q if t (, 0? �w a $ r (ny a�� m Q E d M r N Location: Inland Empire East Cluster Building Type: Class C Office M East San Bernardino Submarket San Bernardino County Status: Built 1960 E San Bernardino,CA 92401 Stories: 2 REA: 15,000 SF Typical Floor. 7,500 SF Total Avail: 10,000 SF Developer: • %Leased: 33.3% X Management: W Recorded Owner: Ghassan F Nassar O r c O Expenses: 2012 Tax @ a0.291sf +� Parcel Number: 0135.09145 Q' Parking: 60 free Surface Spaces are available; Ratio of 4.4111,000 SF O O rn FIOON SF Avail FloorContlg BldpConUg RmNSFImo+Sva _Occupancy Term ! Type (�I� i E 1st 500-7,500 7,500 7,500 50.501+e1ec Vacant 2.6 yrs Direct V! O K W O rn O Q O tL Q C d s V ca r Q C d 1/23/2014 E This copyrighted report contakis research licensed to DAUM Commercial Real Estate Services-458567. Page 11 V Q Packet Pg. 235 2009-7 1:oncoUNTYr�� nrt.Y ORIGIN& d __���, New Vendor Code De;, C n N nber � c`^uary Change {�j�(jr{(( (/y�+�j+,gfgJ��,jj S4N BF cr�NRD1 S� ) 5 Cancel County Department Dept. Orgn, Contractor's License No. Real Estate Services Department County Department Contract Rchresentative "Telephone Taiat Contract Amount County of San Bernardino David H. Slaughter, Director 909 387-7813 $ F A S Contract Type ❑ Revenue ❑ Encumbered ❑ Unencumbered ❑ Other: CONTRACT TRANSMITTAL If not encumbered or revenue contract type,provide reason: __r_ � Commodity Code Contract Start I:7ate Contract End Date Original Amount Amendment Amount 0 w Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB`No, Amount O U fund Dept. Organization Appr. Obj/Rev Source GRC/PROD/JOB No. Amount $ 3 v Fund Dept. Organization Appr, Obj/Rev Sourer GRCTPRC3J/7OBNo. Amount Q $ o M Project Namc Estimated payment Total by Fiscal Year SB-PSD FY Amount I/D FY Amount I/D o 2969 Mores Street d R Son nrnarriino CA N J w L t) CONTRACTOR City of San Bernardino = c Federal ID No. or Social Security No. E rntractor's Representative Robert Lennox,Parks,Recreation &Community Services Department Z Address 201-A N."E"Street, Suite 103,San Bernardino,CA 92401 Phone (909)38405931 N M Nature of Contract: (Briefly describe the general terms of the contract) This Lease Agreement is for a period of two(2)years with five one-year options to extend. Leased Premises consist of 2,160 square feet of classroom and office space and256 square feet of playground area, Monthly rent is$1,905($0.88/sq.ft./month)modified gross. J City to provide all exterior maintenance and all utilities. County shall provide all interior maintenance and reimburse City for E 36%of the cost of utilities for the entire Community Centerfor the first year of the initial term, Thereafter,County's prorata .2) share of utilities will not exceed the prior year's costs by more than three percent(3%) O 0 M 0U O O a M cs a (Attach this transmittal to all contracts not prepared on the "Standard Contract"fibrin) m Approved as to Legal F�ormy(ssi�gnn iinn blue ink) Reviewed as to Contract Compliance Prese d o BOS for Sign re County Counsel-} Depart men Y Q Date Date Date t AuditorlController-Recorder Use and 0 Contract Database y FAS Input Date Keyed By Revised U1'1`,a,n() Packet Pg. 236 s.M.a COUNTY OF SAN BERNARDINO LEASE AGREEMENT m CITY: CITY OF SAN BERNARDINO N 4- Parks,Recreation &Community Services Department 0 a 201-A N. "E" Street, Suite 103 San Bernardino, CA 92401 0 U s v Q COUNTY: COUNTY OF SAN BERNARDINO M Real Estate Services Department CO 825 East Third Street San Bernardino, CA 92415-0832 J N ADDRESS: 2969 Flores Street = c San Bernardino, CA 0 N M TERM OF LEASE: Two (2) years with five(5) one-year option(s) a� J R C COMMENCEMENT DATE OF LEASE: September 9, 2009 0 O co O M O COST PER SQUARE FOOT: $0.88,modified gross U Q co COUNTY CONTRACT NUMBER: U r REV: 7/7/07 (110568.13) Q TYPED: 6/18109 Packet Pg.237 TABLE OF CONTENTS PARAGRAPH CAPTION PAGE I PARTIES 1 2 PREMISES LEASED 1 m 3 TERM I Cn 4 RENT 1 0 5 EXPANSION OF RENTAL SPACE I 6 OPTION TO EXTEND TERM 1 c0 7 RETURN OF PREMISES 2 8 HOLDING OVER 2 3 9 TAXES 2 Q 10 USE 2 Cl 11 HEALTH,SAFETY&FIRE CODE REQUIREMENTS 2 12 SIGNS 2 0 v 13 MAINTENANCE 2 a 14 ALTERATIONS 3 15 FIXTURES 4 16 UTILITIES 4 CD 17 HOLD HARMLESS 4 = 18 INSURANCE SPECIFICATIONS 4 19 DESTRUCTION OF PREMISES 6 20 CITY'S DEFAULT 7 21 COUNTY'S REMEDIES ON CITY'S DEFAULT 7 22 COUNTY'S DEFAULT 8 M 23 CITY'S REMEDIES ON COUNTY'S DEFAULT 8 24 CITY'S ACCESS TO PREMISES 9 V' a� 25 NOTICES 9 ' 26 ASSIGNMENT 10 27 INCORPORATION OF PRIOR AGREEMENT 10 28 WAIVERS 10 0 29 AMENDMENT'S 10 C? 30 SUCCESSORS 10 0 31 SEVERABILITY 10 n 32 TIME OF ESSENCE 11 Y 33 QUIET ENJOYMENT 1 1 m 34 PROVISIONS ARE COVENANTS & CONDITIONS 11 _ 35 CONSENT 36 EXHIBITS 1l s 37 LAW 11 r 38 VENUE 11 a 39 REMEDIES: WAIVER 1 1 40 ATTORNEYS' FEES AND COSTS 11 42 COUNTY'S RIGHT TO TERMINATE LEASE 11 43 CITY'S IMPROVEMENTS 12 44 CAPTIONS, TABLE OF CONTENTS &COVER PAGE 12 Packet Pg. 238 t 5.M.d Table of Contents Page-2- 45 SURVIVAL 12 45 FORMER COUNTY OFFICIALS 12 m 46 ESTOPPEL CERTIFICATES 12 47 HAZARDOUS SUBSTANCES 12 0 48 PUBLIC RECORDS DISCLOSURE 13 49 CONDITION OF PREMISES 14 0 50 CONDEMNATION 14 51 MATERIAL MISREPRESENTATION 15 3 52 INTERPRETATIONS 15 a 53 COUNTERPARTS 15 M 54 USE OF AMERICAN RECOVERY AND REINVESTMENT ACT OF C° rn 2009 FUNDS AND REQUIREMENTS 16 55 SCHEDULE OF EXPENDITURE OF FEDERAL AWARDS 16 56 AUTHORIZED SIGNATORS 17 J N L Exhibit "A",List of Former County Officials = c Exhibit "B", Estoppel Certificate m E a�0 N M N N d J C 0 O M O O a D U Q m r c E 10 U f6 Ld Ld Q 1 Packet Pg. 239 LEASE AGREEMENT 1. PARTIES: This Lease Agreement ("Lease") is made between City f San Bernardino Y ("CITY"), and the County of San Bernardino("COUNTY"),who agree as follows: 2. PREMISES LEASED: CITY leases to COUNTY and COUNTY leases from CITY 2,160 square feet of building/classroom space encompassing all existing Head Start program and m office space in the Delmann Heights Community Center and 256 square feet of playground area, o real property, and other improvements, with parking, including handicapped parking, located at 2969 Flores Street, San Bernardino, CA("Premises"). 0 U 3. TERM: a. Initial Term. The Lease's initial term ("Initial Term") shall commence on September 9, 2009 ("Commencement Date") and end on August 31,2011 ("Ending Date"). ° b. Early Access. CITY shall allow the COUNTY early access ("Early Access") to e the Premises at any time prior to the Commencement Date for the purpose of the COUNTY or its representatives installing communications equipment, modular furniture, alarms and such other � items that the COUNTY may reasonably desire. L x 4. RENT: c a. COUNTY shall pay to CITY the following monthly rental payments in an,ears on the last day f each month commencing when the term commences continuing during the tcrir►: ° Y � g a g b .. ° September 9, 2009 thru September 30, 2009 -prorated payment of$1,397.00. M October 1,2009 thru August 31, 2010—monthly payments of$1,905.00 N September 1, 2010 thru August 31, 2011 monthly payments of$1,962.00 a b. Rent for any partial month shall be prorated based on the actual number of days of the month. CITY shall accept all rent and other payments from COUNTY under this Lease via o electronic funds transfer (EFT) directly deposited into the CITY's designated checking or other M bank account. CITY shall promptly comply with directions and accurately complete forms provided by COUNTY required to process EFT payments. ° a 5. EXPANSION OF RENTAL SPACE: U Q m There is no expansion space available in this Lease. E 6. OPTION TO EXTEND TERM: a. CITY gives COUNTY the option to extend the term of the Lease on the same Q provisions and conditions, except for the monthly rent, for five (5) one-year periods ("extended terms") following expiration of the Initial Term, by COUNTY giving notice of its intention to exercise the option to CITY prior to the expiration of the preceding term or during any holding over pursuant to Paragraph 8, HOLDING OVER. The rent for each extended term shall be 1 Packet Pg.240 adjusted by good faith negotiation of the parties to the fair market rental rate then prevailing based upon the rental rates of comparable leased property in San Bernardino County. 7. RETURN OF PREMISES: The COUNTY agrees that it will, upon any termination of this Lease, return the Premises in as good condition and repair as the Premises now are or shall hereafter be put;reasonable wear and tear excepted. 8. HOLDING OVER: In the event the COUNTY shall hold over and continue to occupy the Premises with the consent of the CITY, expressed or implied, the tenancy shall be deemed to be a tenancy from month-to-month upon the same terms and conditions, including rent, as existed and prevailed at the time of the expiration of the term of this Lease. 0 9. TAXES: CITY shall pay all real property taxes, and general and special assessments levied and assessed against the Premises. M T 10. USE: COUNTY shall occupy and use the Premises during the term hereof exclusively for the Head Start Program. M 11. HEALTH, SAFETY AND FIRE 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 fora notice of completion, certificate of occupancy, California Title 24 requirements and the Americans with M E 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 CN with CITY's consent or at CITY's direction shall comply with all applicable covenants or restrictions of record and effect i di applicable Codes, statutes, regulations and ordinances n eect on the p (n M Commencement Date. CITY also warrants to COUNTY that CITY has no knowledge of any claim having been made by any govertu-nental agency that a violation or violations 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 0 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 C? correct, update and comply with said changes at CITY's cost. 12. SIGNS: COUNTY will display from the windows and/or marquee of the Premises only such sign or signs as are not prohibited by law. co 13. MAINTENANCE: E U a. CITY at its cost shall perform such inspections, maintenance and repairs as are necessary to ensure that all portions of the Premises, including but not limited to the following, are at all times in good repair and safe condition: (1) The structural parts of the building and other improvements that are a part of the Premises, which structural parts include the foundations, bearing and exterior walls (including glass and doors), subflooring, and roof-, and, 2 Packet Pg. 241 (2) The electrical, plumbing, and sewage systems, including, without limitation, those portions of the systems owned or controlled by CITY lying outside the Premises; and, (3) Window frames, gutters, and downspouts on the building and other improvements that area part of the Premises; and, 4- 0 (4) Heating, ventilation and air conditioning (HVAQ systems servicing the Premises including changing heating and air-conditioning filters every four(4)months. 0 (5) The grounds, including all parking areas and outside lighting, grass, trees, shrubbery and other flora;and, (6) COUNTY, at its cost, shall provide janitorial services, keep the interior of co the Premises in a clean and orderly condition, reasonable wear and tear excluded, and undertake minor maintenance of the interior Premises such as unstoppage of toilets and changing of light C)a) U) bulbs and servicing of the fire extinguisher or any other fire suppression equipment attached to the facility. -J LM b. Without in any way affecting CITY's duty to inspect, maintain and repair the Premises and regardless of whether any specific notice of need for maintenance or repair is provided to CITY by the COUNTY, the COUNTY may request specific maintenance or repairs. E Any such request may be made orally, by telephone or otherwise. If, COUNTY gives notice to CITY of a condition requiring maintenance or repairs,CITY shall use its best efforts to diligently commence the performance of its maintenance or repair obligations within a reasonable time of C14 receiving such notice. In the case of an emergency, whether or not COUNTY has given notice to n CITY, CITY shall immediately perform its obligations, COUNTY can perform the obligations (D and have the right to be reimbursed for the sum COUNTY actually and reasonably expends (including charges for COUNTY employees and equipment) in the performance of CITY's 7E obligations. If CITY fails to reimburse COUNTY as required by this paragraph, COUNTY shall r- 2M L- have the right to withhold from future rent due the sum COUNTY has paid until COUNTY is 0 reimbursed in full for the sum. The remedies set forth in this paragraph are in addition to and do co C1 not in any manner limit other remedies set forth in particular paragraphs of this Lease. 0? 0) COUNTY shall forward to CITY receipts and/or documentation supporting the amount withheld. ° a- D �e 14. ALTERATIONS: Upon thirty (30) days' notice to the CITY and with the CITY's written consent, COUNTY may place modular units to serve as office and classroom space, or ca modify existing building structures at the Center, but solely at the expense of COUNTY. Any and all permit acquisition and installation of utility lines are the sole responsibility of the E 0) COUNTY. Upon termination of this Lease, COUNTY shall remove said modules at its own expense and leave this property in the same condition it was at the time such modules were placed there,unless the parties mutually agree to retain the modules on the site. 15, FIXTURES: COUNTY shall have the right during the term(s)of this lease to install shelving and fixtures, to include but not limited to, exterior playground equipment and make interior,non-structural improvements or alterations in the Premises. Such shelving, fixtures, playground equipment, improvements, and alterations shall remain the property of the COUNTY 3 1 Packet Pg. 242 F5 7.d and may be removed by the COUNTY during the term(s)of this lease or within a reasonable time thereafter,provided that the COUNTY restores the Premises to the condition as it existed at the commencement of this lease, reasonable wear and tear excluded, or the COUNTY in its sole discretion may elect to surrender all or any part of such shelving,fixture, improvements and alterations,however excluding exterior playground equipment,to the LANDLORD, in which case COUNTY shall have not duty to restore the Premises. Any such election to surrender must be in writing, but need not be accepted by LANDLORD to be effective. in 16. UTILITIES: CITY shall furnish to the Premises and CITY shall pay all service charges °,, and related taxes for electric, gas, water, sewer, trash, fire alarm service and all Other utilities. COUNTY shall reimburse CITY for its prorata share of the cost of utilities for the Delmann 0 Heights Community Center,which is 36%during the first year of the initial term. Thereafter, COUNTY's 36%prorata share of all utility costs will not exceed the prior year's costs by more 3 than three percent(3%). COUNTY shall furnish and pay for its own security, vending machines Q and telephone service including pay telephones. 0) 17. HOLD HARMLESS: d N a. CITY agrees to defend, indemnify and hold harmless the COUNTY, its officers, N agents and volunteers from any and all claims, actions, or losses, damages and/or liability LM resulting from CITY's negligent acts or omissions arising from the CITY's performance of its obligations under this Lease. b. COUNTY agrees to defend, indemnify and hold harmless the CITY, its officers, —0, agents and volunteers from any and all claims, actions, or losses, damages and/or liability °. resulting from COUNTY's negligent acts or omissions arising from the COUNTY's performance N of its obligations under this Lease. M a� C. In the event the COUNTY and/or the CITY is found to be comparatively at fault J for any claim, action, loss or damage which results from their respective obligations under this Lease, the COUNTY and/or CITY shall indenmify the other to the extent of its comparative fault. o O M d. Furthermore, if the COUNTY or CITY attempts to seek recovery from the other for Workers Compensation benefits paid to an employee, the COUNTY and CITY agree that any ° alleged negligence of the employee shall not be construed against the employer of that employee. U 18. INSURANCE SPECIFICATIONS: Q m a. CITY and COUNTY are both self-insured public entities for purposes of professional liability, general liability and workers' compensation. b. Subcontractor Insurance Requirements. The Parties agree to require all parties or a subcontractors, including architects or others it hires or contracts with related to the perfornance of this contract ("Subcontractors") to provide insurance covering the contracted operation with the following limits and naming the Parties as additional insureds. The hiring Party agrees to monitor and review all such coverage and assumes all responsibility ensuring that such coverage is provided as required here. 4 Packet Pg. 243 5.M,d (1) Workers' Compensation/Employers Liability - A program of Workers' Compensation insurance or state-approved, self-insurance program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer's Liability with $250,000 limits covering all persons including volunteers providing services under this Lease. (2) Commercial/General Liability Insurance — General Liability Insurance m covering all operations performed by or on behalf of the Subcontractor providing coverage for bodily injury and property damage with a combined single limit of not less than One Million °,, Dollars($1,000,000),per occurrence. The policy coverage shall include: O U (a) Premises operations and mobile equipment. (b) Products and completed operations. (c) Broad form property damage(including completed.operations). Q (d) Explosion, collapse and underground hazards (e) Personal injury o (f) Contractual liability (g) $2,000,000 general aggregate limit. N (3) Automobile Liability Insurance — Primary insurance coverage shall be written on ISO Business Auto coverage form for all owned, hired and non-owned automobiles or symbol 1 (any auto). The policy shall have a combined single limit of not less than One Million c Dollars($1,000,000) for bodily injury and property damage, per occurrence. a� If the Subcontractor is transporting one or more non-employee passengers in the °. use of this lease, the automobile liability policy shall have a combined single limit of Two N Million Dollars ($2,000,000) for bodily injury and property damage per occurrence. "? a� N If the Subcontractor owns no autos, a non-owned auto endorsement to the General 0 Liability policy described above is acceptable. c (4) Umbrella Liability Insurance — An umbrella (over primary) or excess o policy may be used to comply with limits or other primary coverage requirements. When used, M the umbrella policy shall apply to bodily injury/property damage, personal injury/advertising a injury and shall include a "dropdown" provision providing primary coverage for any liability not CD covered by the primary policy. The coverage shall also apply to automobile liability. M >r U (5) If the Subcontractor performs any construction of the Premises, the contractor shall also procure and maintain coverages as follows: E i. For construction contracts for projects over One Million Dollars ($1,000,000) and less than Three Million Dollars ($3,000,000) require limits of not less than Q Three Million Dollars in General Liability and Auto coverage. ii. For construction contracts for projects over Three Million Dollars ($3,000,000) and less than Five Million Dollars ($5,000,000) require limits of not less than Five Million Dollars ($5,000,000) in General Liability and Auto coverage. 5 Packet Pg. 244 iii. For construction contracts for projects over Five Million Dollars ($5,000,000) and less than Ten Million Dollars ($10,000,000) require limits of not less than Ten Million Dollars($10,000,000) in General Liability and Auto coverage. iv. Course of Construction/Installation (Builder's Risk) property insurance providing all risk, including theft coverage for all property and materials to be used oil the project. The insurance policy shall not have any coinsurance penalty. U) T 0 (6) Additional Insured —All policies, except for the Workers' Compensation, shall contain endorsements naming the CITY and COUNTY and their officers, employees, 0 agents and volunteers as additional insureds with respect to liabilities arising out of the use under U this lease hereunder. The additional insured endorsements shall not limit the scope of coverage 3: for the CITY or COUNTY to vicarious liability but shall allow coverage for the CITY and COUNTY to the full extent provided by the policy. Such additional insured coverage shall be at C1 least as broad as Additional Insured(Form B) endorsement form ISO, CG 2010.11 85. M 0? a) C1 (7) Waiver of Subrogation Rights — The Parties shall require the carriers of required coverages to waive all rights of subrogation against the Parties, their officers, employees, agents, volunteers, contractors and subcontractors. All general or auto liability insurance coverage provided shall not prohibit the Parties and their employees or agents from waiving the right of subrogation prior to a loss or claim. The Parties hereby waive all rights of subrogation against the other Party. (8) Policies Primary and Non-Contributory — All policies required herein are E a) to be primary and non-contributory with any insurance or self-insurance programs carried or C) administered by the Parties. 19. DESTRUCTION OF PREMISES: _J a. During the term of this Lease, if any casualty, other than resulting fi-oni COUNTY's use of the Premises, renders a portion of the Premises unusable for the purpose 2M intended, then CITY shall, at CITY's expense, restore the Premises and repair any damages 0 L_ caused by such casualty as soon as reasonably possible and this Lease shall continue in full force and effect. If CITY does not commence the restoration of the Premises in a substantial and 0? 0) meaningful way within thirty (30) days following the CITY's receipt of written notice of the T casualty, or should CITY fail to diligently pursue completion of the restoration of the Premises, a. D or if the time required to restore the Premises is estimated to exceed ninety(90) days, COUNTY may, at its option, terminate this Lease immediately upon written notice to the CITY. If COUNTY elects to terminate this Lease pursuant to this provision, COUNTY shall be discharged of all future obligations under this Lease. E b. In the event there is a destruction of a portion of the Premises as set out in subparagraph a above, there shall be an abatement or reduction of the rent between the date of destruction and the date of completion of restoration or the date of termination of this Lease, whichever comes first. The abatement or reduction of the rent shall be in proportion to the degree to which COUNTY's use of the Premises is impaired. C. In the event CITY is required to restore the Premises as provided in this paragraph, CITY shall restore, at CITY's expense, any structural or exterior improvements or 6 Packet Pg. 245 . 5.M.d alterations to the Premises made by COUNTY pursuant to Paragraph 14, ALTERATIONS, of this Lease, but shall not be responsible for restoring any shelving, fixtures, or interior nonstructural improvements or alteration made by the COUNTY pursuant to Paragraph 15, FIXTURES, of this Lease. d. If any casualty resulting from COUNTY's use of the Premises renders the Premises unusable for the purposes intended, then COUNTY shall, at COUNTY's expense, restore the Premises and repair any damages caused by such casualty as soon as reasonably 0 possible and this Lease shall continue in full force and effect. a _ e. It is the purpose and intent of this paragraph to determine who shall bear the 0 initial responsibility for restoration of the Premises in the event of any such destruction and not to determine the party ultimately responsible for the costs of such restoration. a 20. CITY'S DEFAULT: Except where another time limit is specifically provided, CITY M shall be in default of this Lease if CITY fails or refuses to perforin any material provisions of this 0) Lease and such failure or refusal to perform is not cured within thirty(30) days following CITY's y receipt of written notice of default from COUNTY. If the default cannot reasonably be cured within thirty(30) days, CITY shall not be in default of this Lease if CITY commences to cure the r default within the thirty (30) day period and diligently and in good faith continues to cure the �, default. z _ 21. COUNTY'S REMEDIES ON CITY'S DEFAULT: COUNTY, at anytime after CITY is in default, can terminate this Lease immediately upon written notice to CITY or can cure the o default at CITY's cost. If COUNTY at any time, by reason of CITY's default, pays any sum or does any act that requires the payment of any sum (including charges for COUNTY's employees N and equipment), the sum paid by COUNTY shall be due from CITY to COUNTY within thirty (30) days of notice of such sum, and if paid at a later date shall bear interest at the maximum rate the COUNTY is permitted by law to charge from the date the sum was paid by COUNTY until J COUNTY is reimbursed by CITY. If CITY fails to reimburse COUNTY as required by this paragraph, COUNTY shall have the right to withhold from future rent due the sum COUNTY has paid until COUNTY is reimbursed in full for the sum and interest on it. The remedies set o forth in this paragraph are in addition to and do not in any manner limit other remedies set forth M in particular paragraphs of this Lease. a) 0 22. COUNTY'S DEFAULT: The occurrence of any one or more of the following events Y shall constitute a default and breach of this Lease by COUNTY: Q m a. The vacating for more than thirty (30) consecutive days or abandonment of the Premises by COUNTY. E s U b. The failure by COUNTY to perform any material provisions of this Lease to be Q performed by COUNTY, including the payment of rent, where such failure shall continue for a period of thirty (30) days after notice by CITY to COUNTY; provided, however, that if the nature of COUNTY's default is such that more than thirty (30) days are reasonably required for its cure, then COUNTY shall not be deemed to be in default if COUNTY commences such cure within said thirty (30) day period and thereafter diligently prosecutes such cure to completion. 7 Packet Pg. 246 The purpose of this notice requirement is to extend the notice requirements of the unlawful detainer statutes of California. 23. CITY'S REMEDIES ON COUNTY'S DEFAULT: a. In the event of any default by COUNTY, which is not cured by COUNTY, CITY may, at its election, terminate this Lease by giving COUNTY thirty (30) days notice of termination. The purpose of this notice requirement is to extend the notice requirement of the (n T unlawful detainer statutes of California. On termination of the Lease for default pursuant to this 0 paragraph, CITY shall have the right to recover from COUNTY only the following amounts for 0 any and all damages,which may be the direct or indirect result of such default: (1) The worth, at the time of the award, of the unpaid rent that has been earned at the time of termination of this Lease; and, (2) The worth, at the time of the award, of the amount by which the unpaid rent that would have been earned after the date of termination of this Lease until the time of award exceeds the amount of the loss of rent that CITY proves could not have been reasonably avoided; and, .0 (3) The worth, at the time of the award, of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of the loss of rent that CITY proves could not have been reasonably avoided; and, E (4) Any other amount necessary to compensate CITY for all detriment proximately caused by COUNTY's default which CITY proves could not have been reasonably avoided. In (5) "The worth, at the time of the award," as used in subparagraphs a(l) and a(2) of this paragraph, is to be computed by allowing interest at the maximum rate COUNTY is ICU permitted by law to charge. "The worth, at the time of the award," as referred to in r- . subparagraph a(3) of this paragraph, is to be computed by discounting the amount at the 0 discount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus one Q percent (1%). CD b. Notwithstanding subparagraph a, above, on any ten-nination of the Lease for default pursuant to this paragraph, the amount CITY shall have the right to recover from COUNTY for any and all damages which may be the direct or indirect result of such default shall CIO not exceed the amount CITY would have been entitled to receive had the COUNTY terminated the Lease under Paragraph 41,RIGHT TO TERMINATE LEASE. E 24. CITY'S ACCESS TO PREMISES: CITY and its authorized representatives shall have the right to enter the Premises at all reasonable times for any of the following purposes: < a, To determine whether the Premises are in good condition, and, b. To do any necessary maintenance and to make any restoration to the Premises tIlLit CITY has the right or obligation to perform; and, 8 Packet Pg. 247 C. To serve,post, or keep posted any notices required by law; and, d. To post "for sale" signs at any time during the term, to post "for rent" or "for Lease" signs during the last three(3)months of the term; and, C. To show the Premises to prospective brokers, agents, buyers, tenants, lenders or in persons interested in an exchange, at any time during the term. 4- 0 CITY shall conduct its activities on the Premises as allowed in this paragraph in a manner that will cause the least possible inconvenience, annoyance, or disturbance to COUNTY. 0 25. NOTICES: a. Any notice, demand, request, consent, approval, or communication that either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address. Notice shall be deemed communicated five calendar days from the time of mailing if mailed as provided in this paragraph. CITY's address: City of San Bernardino C C Parks,Recreation&Community Services Department M 201-A North"E" Street, Suite 103 E San Bernardino, CA 92401 COUNTY's address: County of San Bernardino Real Estate Services Department 825 East Third Street,Room 207 San Bernardino, CA 92415-0832 0 C? a) CD 0. ca tv E Packet Pg. 248 5.M.d 26. ASSIGNMENT. a. COUNTY shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any party of the COUNTY's interest in this Lease without the CITY's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Lease and cause the termination of this Lease. Regardless of m CITY's consent, no subletting or assignment shall release COUNTY of its obligation to perform o all other obligations to be performed by COUNTY hereunder for the term of this Lease. Y b. If, at any time after the COUNTY accepts the Premises, the CITY assigns or v transfers a controlling interest of its rights in the Premises to a third party, CITY must notify COUNTY of its action at least fifteen (15) COUNTY working;days prior to completing any such v action. The new owner must provide COUNTY with evidence of completion of such action. Q The parties shall immediately execute an amendment to this Lease stating the change of ownership of the Premises. c (1) Within fifteen (15) COUNTY working days of completing any action which affects a change in the ownership of the Premises, the new owner must provide COUNTY N evidence of obtaining insurance in compliance with Paragraph 18, INSURANCE SPECIFICATIONS. _ 27. INCORPORATION OF PRIOR AGREEMENT: This Lease contains all of the agreements of the parties hereto with respect to any matter covered or mentioned in this Lease, o and no prior agreement or understanding pertaining to any such matter shall be effective for any purpose. N n 28. WAIVERS: No waiver by either party of any provisions of this Lease shall be deemed to N be a waiver of any other provision hereof or of any subsequent breach by either party of the same J or any other provisions. 29. AMENDMENTS: No provision of this Lease may be amended or added to except by an o agreement in writing signed by the parties hereto or their respective successor in interest, M expressing by its terms an intention to modify this Lease. 0 30. SUCCESSORS: This Lease shall inure to the benefit of and be binding upon the heirs, executors, administrators, successors, and assigns of the parties hereto. a m 31. SEVERABILITY: If any word, phrase, clause, sentence, paragraph, section, article, part or portion of this Lease is or shall be invalid for any reason, the same shall be deemed severable E from the remainder hereof and shall in no way affect or impair the validity of this Lease or any other portion thereof. Y Q 32. TIME OF ESSENCE: Time is of the essence of each provision of this Lease which specifies a time within which performance is to occur. In the absence of any specific time for performance, performance may be made within a reasonable time. 10 Packet Pg. 249 33. QUIET ENJOYMENT: Subject to the provisions of this Lease and conditioned upon performance of all the provisions to be performed by COUNTY hereunder, CITY shall secure to COUNTY during the Lease term the quiet and peaceful possession of the Premises and all right and privilege appertaining thereto, 34, PROVISIONS ARE COVENANTS AND CONDITIONS: All provisions, whether covenants or conditions, on the part of either party shall be deemed to be both covenants and In conditions. 0 35. CONSENT: Whenever consent or approval of either party is required that party shall not 0 unreasonably withhold, condition or delay such consent or approval. C) 36. EXHIBITS: All exhibits referred to are attached to this Lease and incorporated by reference. 0? 37. LAW: This Lease shall be construed and interpreted in accordance with the laws of the 0) Ck State of California. CU 38. 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 L action or claim brought by any party to this Lease will be the Superior Court of California, X CD County of San Bernardino, San Bernardino District. Each party hereby waives any law, statute (including but not limited to Code of Civil Procedure section 394), or rule of court that would E allow them to request or demandi 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, San Bernardino District. 39. REMEDIES: WAIVER: All remedies available to either party for one or more breaches by CD(n the other party are and shall be deemed cumulative and may be exercised separately or concurrently Q without waiver of any other remedies, The failure of either party to act in the event of a breach of this Lease by the other shall not be deemed a waiver of such breach or a waiver of future breaches unless such waiver shall be in writing and signed by the party against whom enforcement is sought. 0 CD M 40. ATTORNEYS' FEES AND COSTS: If any legal action is instituted to enforce or C? 0) declare any party's rights hereunder, each party, including the prevailing party, must bear its own C) D . costs and attorneys' fees. This paragraph shall not apply to those costs and attorneys' fees directly D arising from any third party legal action against the COUNTY, including such costs and attorneys' fees payable under Paragraph 17, HOLD HARMLESS, Paragraph 47, HAZARDOUS SUBSTANCES, and Paragraph 48, PUBLIC RECORDS DISCLOSURE. E 41. RIGHT TO TERMINATE LEASE: This Lease may be terminated at any time by ninety (90) days written notice by either party. In the event COUNTY ten-ninates this Lease pursuant to this paragraph, the CITY shall have the right to receive from COUNTY only the rent which will have been earned at the date of termination of this Lease. 10 42. crrys IMPROVEMENTS: There are no improvements being constructed by the CITY Packet Pg. 250 43. CAPTIONS HEADINGS 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. 44. SURVIVAL: The obligations of the parties that, by their nature, continue beyond the term of this Lease,will survive the tennination of this Lease. m 45. FORMER COUNTY OFFICIALS: CITY agrees to provide or has already provided T information on former COUNTY administrative officials (as defined below) who are employed ;, by or represent CITY. The information provided includes a list of former COUNTY administrative officials who terminated COUNTY employment within the last five years and U who are now officers, principals, partners, associates or members of the business. The information should also include the employment and/or representative capacity and the dates 3 these individuals began employment with or representation of your business. For purposes of Q this provision, "COUNTY administrative official" is defined as a member of the Board of Supervisors or such officer's staff, COUNTY Administrative Officer or member of such officer's a) staff, COUNTY department or group head, assistant department or group head, or any employee in the Exempt Group, Management Unit or Safety Management Unit. (See Exhibit "A,"List of cc Former County Officials.) N w rn 46. ESTOPPEL CERTIFICATES: Each party within thirty(30) days after notice from the z other party, shall execute and deliver to other party, in recordable form, a certificate stating that = this Lease is unmodified and in full force and effect, or in full force and effect as modified, and stating the modifications. The certificate also shall state the amount of minimum monthly rent, o the dates to which the rent has been paid in advance, the amount of any security deposit or prepaid rent, and that there are no uncured defaults or specifying in reasonable detail the nature N of any uncured default claimed. Failure to deliver the certificate within thirty (30) days shall be �? conclusive upon the party requesting the certificate and any successor to the party requesting the certificate, that this Lease is in full force and effect and has not been modified except as may be represented by the party requesting the certificate, and that there are no uncured defaults on the part of the party requesting the certificate. The estoppel certificate shall be in the form as shown in Exhibit`B,"Estoppel Certificate. p 0 M 47. HAZARDOUS SUBSTANCES: C? rn 0 a. CITY hereby represents and warrants that, to the best of CITY's knowledge, information and belief: (i) the Premises have not been exposed to Hazardous Substances and are � presently free of all Hazardous Substances, (ii) neither the CITY nor any of the other current m tenants, if any, on the property of which the Premises forms a part is in violation or subject to an existing, pending or threatened investigation by any governmental authority under any applicable E federal, state or local law, regulation, ordinance or other legislation pertaining to air, water, or soil quality or the handling, transportation, storage, treatment, usage or disposal of Hazardous a Substances; (iii) any handling, transportation, storage, treatment or use of toxic or Hazardous Substances to date has been in compliance with applicable laws; and (iv) no reportable use has occurred on the Premises to date, and the soil, groundwater and vapor on or under the Premises is free of Hazardous Substances as of the Commencement Date. 12 Packet Pg. 251 b. CITY shall indemnify, protect, defend and hold COUNTY, its agents and employees and the Premises, harmless from and against any and all losses and/or damages, liabilities, judgments, costs, claims, expenses, penalties, including attorneys' and consultant's fees, arising out of or involving the existence of any Hazardous Substances located in, about or under the Premises prior to the Commencement Date of this Lease. Additionally, the issuance of an order by any governmental authority directing the CITY or any of CITY's other tenants or licensees on the property of which the Premises fonns a part to cease and desist any illegal action in in connection with a Hazardous Substance, or to remediate a contaminated condition caused by U) the CITY or any person acting under CITY's direct control and authority is a breach of this Contract, and CITY shall be responsible for all costs and expenses of complying with such order, including any and all expenses imposed on or incurred by COUNTY in connection with or in �° response to such order. CITY's obligations under this paragraph shall include, but shall not be limited to, the effects of any contamination or injury to person, property or the environment created or suffered by COUNTY, and the cost of investigation, removal, remediation, restoration a and/or abatement thereof. CITY's obligations under this provision shall survive the expiration or co early termination of this Lease. No termination, cancellation or release agreement entered into by o COUNTY and CITY shall release CITY from its obligations under this Lease with regard to N Hazardous Substances unless specifically agreed to by COUNTY in writing. J N C. For the purposes of this paragraph, the following definitions shall apply: x (1) "Hazardous Substance," as used in this Lease, shall mean any product, substance or waste whose presence, use, manufacture, disposal, transportation, or release, either by itself or in combination with other materials expected to be on the Premises, is either (i) o potentially injurious to the public health, safety or welfare, the environment or the Premises; .. (ii)regulated or monitored by any governmental authority; or(iii) a basis for potential liability of o CITY or COUNTY under any applicable statute or common law theory. (2) "Reportable use" shall mean (i) the installation or use of any above- or a below-ground storage tank; (ii) the generation,possession, storage,use,transportation or disposal of a Hazardous Substance that requires a permit from, or with respect to which a report, notice, registration or business plan is required to be filed with any governmental authority and/or (iii) p the presence at the Premises of a Hazardous Substance with respect to which any Applicable M Requirements requires that a notice be given to persons entering or occupying the Premises or o neighboring properties. ° a. D (3) The term "applicable requirements" shall be deemed to refer to all applicable laws, covenants or restrictions of record,building codes, regulations and ordinances. m c 48. PUBLIC RECORDS DISCLOSURE: All information received by the CITY or COUNTY concerning this Lease, including the Lease itself, may be treated as public information subject to disclosure under the provisions of the California Public Records Act, Government Code a Section 5250 et sea. (the"Public Records Act"). The Parties understand that although all materials received in connection with this Lease are intended for the exclusive use of the parties, they are potentially subject to disclosure under the provisions of the Public Records Act. 49. CONDITION OF PREMISES: CITY shall deliver the Premises to COUNTY clean and free of debris on the Commencement Date and warrants to COUNTY that the plumbing, 13 Packet Pg.252 electrical systems, fire sprinkler system, lighting, air conditioning and heating systems and loading doors, if any, in the Premises shall be in good operating condition on the Commencement Date, 50. CONDEMNATION: If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power(all of which are herein called "condemnation"), this Lease shall terminate as to the part so taken as of the date the in condemning authority takes title or possession, whichever first occurs. If more than ten percent (n (10%) of the floor area of the Premises, or more than twenty-five percent (25%) of the portion of 0 the Common Areas or that portion of the Premises designated for COUNTY's parking, is taken 0 by condemnation, COUNTY may, at COUNTY's option, to be exercised in writing within thirty L) (30) days after CITY shall have given COUNTY written notice of such taking(or in the absence of such notice, within thirty (30) days after the condemning authority shall have taken "T possession) terminate this Lease as of the date the condemning authority takes such possession. < CD If COUNTY does not terminate this Lease in accordance with the foregoing, this Lease shall M 0? remain in full force and effect as to the portion of the Premises remaining, except that the rent CD shall be reduced in the same proportion as the rentable floor area of the Premises taken bears to the total rentable floor area of the Premises. No reduction of rent shall occur if the condemnation does not apply to any portion of the Premises. COUNTY shall be entitled to receive the following amounts of any award for the taking of all or any part of the Premises under the power .2) of eminent domain or any payment made under threat of the exercise of such power: (a) one W 3: hundred percent (100%) of any amount attributable to any excess of the market value of the Premises for the remainder of the Lease Term over the present value as of the Termination Date E of the Rent payable for the remainder of the Lease Term (commonly referred to as the "bonus 4) value" of the Lease); and (b) COUNTY shall have the right to make a separate claim in the Condemnation proceeding for: (i) The taking of the amortized or undepreciated value of any C14 trade fixtures or leasehold improvements owned by COUNTY that COUNTY has the right to remove at the end of the Lease term and that COUNTY elects not to remove; (ii) Reasonable removal and relocation costs for any trade fixtures or leasehold improvements that COUNTY has the right to remove and elects to remove (if Condemnor approves of the removal); (Iii) Loss of goodwill; (iv) Relocation costs under Government Code section 7262, the claim for which .2) L- COUNTY may pursue by separate action independent of this Lease; and (v)Any other amount in 0 addition to the foregoing that the COUNTY is allowed under condemnation law. COUNTY shall C) have the right to negotiate directly with Condemnor for the recovery of the portion of the Award C? that COUNTY is entitled to under subparagraph "b) of this paragraph. In the event that this Lease is not terminated by reason of such condemnation, CITY shall repair any damage to the D Premises caused by such condemnation authority pursuant to Paragraph 13, MAINTENANCE, and Paragraph 19,DESTRUCTION OF PREMISES. 51. MATERIAL MISREPRESENTATION: If during the course of the administration of E this lease, a party determines that the other party has made a material misstatement or misrepresentation or that materially inaccurate information has been provided to the party, this Lease may be immediately terminated. If this Lease is terminated according to this provision, the terminating party is entitled to pursue any available legal remedies. 52. INTERPRETATIONS: As this Lease was jointly prepared by both parties, the language in all parts of this Lease shall be construed, in all cases, according to its fair meaning, and not for or against either party hereto. 14 Packet Pg.253 53. COUNTERPARTS: This Lease may be executed by the parties in counterparts, and when any one or more copies of this Lease have been executed by all of the parties, this Lease shall be effective, and all such copies shall be deemed and construed to be one agreement. 54. USE OF AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 FUNDS AND REOUIREMENTS: This Contract may be funded in whole or in part with funds provided by the American Recovery and Reinvestment Act of 2009 ("ARRA" (n), signed into law on 4- 0 February 17, 2009. Section 1605 of ARRA prohibits the use of recovery funds for a project for the construction, alteration, maintenance or repair of a public building or public work (both as 0 defined in 2 CFR 176,140) unless all of the iron, steel and manufactured goods (as defined in 2 CFR 176.140) used in the project are produced in the United States. A waiver is available under three limited circumstances: (i) Iron, steel or relevant manufactured goods are not produced in the United States in sufficient and reasonable quantities and of a satisfactory quality; (ii) Inclusion of iron, steel or manufactured goods produced in the United States will increase the CD M 0? cost of the overall project by more than 25 percent; or (iii) Applying the domestic preference M CD would be inconsistent with the public interest. This is referred to as the "Buy American" requirement. Request for a waiver must be made to the County for an appropriate determination. Section 1606 of ARRA requires that laborers and mechanics employed by contractors and M ,L subcontractors on projects funded directly by or assisted in whole or in part by and through the W Federal Government pursuant to ARRA shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in E accordance with the Davis-Bacon Act (40 U.S.C. 31). This is referred to as the "wage rate" requirement. The above described provisions constitute notice under ARRA of the Buy American and wage rate requirements. Contractor must contact the County contact if it has any questions regarding cc the applicability or implementation of the ARRA Buy American and wage rate requirements. Contractor will also be required to provide detailed information regarding compliance with the Buy American requirements, expenditure of funds and wages paid to employees so that the County may fulfill any reporting requirements it has under ARRA. The information may be 0 required as frequently as monthly or quarterly. Contractor agrees to fully cooperate in providing infon-nation or documents as requested by the County pursuant to this provision. Failure to do so a) will be deemed a default and may result in the withholding of payments and termination of this I CD 0- Contract. D Contractor may also be required to register in the Central Contractor Registration (CCR) database at hllp://www.cer.gov and may be required to have its subcontractors also register in the same database. Contractor must contact the County with any questions regarding registration E requirements. 55. SCHEDULE OF EXPENDITURE OF FEDERAL AWARDS: In addition to the < requirements described in "Use of ARRA Funds and Requirements," proper accounting and reporting of ARRA expenditures in single audits is required. Contractor agrees to separately identify the expenditures for each grant award funded under ARRA on the Schedule of Expenditures of Federal Awards (SEFA) and the Data Collection Form(SF-SAC)required by the Office of Management and Budget Circular A-133, "Audits of States, Local Governments, and 15 I Packet Pg. 254 y � 4 Nonprofit Organizations." This identification on the SEFA and SF-SAC shall include the Federal award number, the Catalog of Federal Domestic Assistance(CFDA)number,and amount such that separate accountability and disclosure is provided for ARRA funds by Federal award number consistent with the recipient reports required by ARRA Section 1512 (c). In addition, Contractor agrees to separately identify to each subcontractor and document at the time of sub- contract and at the time of disbursement of funds, the Federal award number, any special CFDA number assigned for ARRA purposes, and amount of ARRA funds. Contractor may be required m to provide detailed information regarding expenditures so that the County may fulfill any o reporting requirements under ARRA described in this section. The information may be required as frequently as monthly or quarterly. Contractor agrees to fully cooperate in providing o information or documents as requested by the County pursuant to this provision. Failure to do so will be deemed a default and may result in the withholding of payments and termination of this Contract. CD v * kk yk M CO a) O N N t L3 C G r f� fV d N J O # C M 0) k k k O d D U Q m N E R r 1(� Packet Pg. 255 LEASE AGREEMENT COUNTY OF SAN BERNARDINO—CITY OF SAN BERNARDINO 56. AUTHORIZED SIGNATORS: Both parties to this Lease represent that the signatory executing this document are fully authorized to enter into this Lease. m U) 4- 0 END OF LEASE TERMS. a _ COUNTY OF SAN BERNARDINO CITY: v s 3 Q 0 Cl) CD — O By: N -- Gary C. Ovi , Cliatilinan,Board of Supervisors Charles McNeely, Cit Mai er J N Date: Date; UUV a� x SIGNED AND CERTIFIED THAT = A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD APPROVED AS TO FORM: N DENA M. SMITH, C f{4# d of JAMES F.PENMAN, City Attorney Supervisors 51 'j r^ f c.� _ By: a� �L Date: AM 5 a. U Approved as to Legal Form: Q m _ RUTH E. STRINGER, County Counsel E San Bernardino County, California r Q By: Deputy Date: & JLIA 17 Packet Pg. 256 EXHIBIT "A" LIST OF FORMER COUNTY OFFICIALS INSTRUCTIONS: List the full name of the former COUNTY Administrative Official, the title/description of the Official's last position with the COUNTY, the date the Official m terminated COUNTY employment, the Official's current employment and/or cn representative capacity with the CITY, the date the Official entered CITY's employment a and/or representation. 0 U OFFICIAL'S NAME: REQUIRED INFORMATION 3 v Q 0 M O N f6 J N S L C C c0 d O r C0 N M N N R N J C �L 0 0 M Cal O CL c� m c CD E 0 r Q 1 Packet Pg. 257 EXHIBIT "B" - ESTOPPEL CERTIFICATE Date: To: Cn 4- 0 0 Re: U (address) (city) The undersigned ("County")hereby certifies as follows: C) M 1. County is in possession of 0? a) CD California (the "Premises"). County leases the Premises under a written Lease Agreement dated 20 Lease Agreement No. (the "Lease"), wherein County is the lessee or tenant, and ("Owner' is the lessor or CITY. LM 2. The Lease is in full force and effect and has not been amended, supplemented or changed, except as follows: 3. The term of the Lease commenced on 20_, and is scheduled to expire 20 County has no right or option to renew or extend the terni cif'the Lease except as to the following: -year options. 4. County's current monthly rental is $ ...........I payable on the last day of each cn month. _j 5. County currently has no security deposit with Owner. 2M 6. County is not in default under the terms of the Lease and no condition exists 0 C) M which, with the passage of time or the giving of notice, or both, would constitute such a default. C? M To the best of County's knowledge, Owner is not in default under the terms of the Lease, and no condition exists which, with the passage of time or the giving notice, or both, would constitute D such a default. 7. County hereby certifies that the foregoing is true and correct. E By: Director Real Estate Services Department Packet Pg. 258 0 rn `. 39 AV N010% cm u, o E a Omd —N M Sr 14 W d CD 41 " , t►� tv rn c" U I� LJ Jb CV.. 1 ..�.�, _.... z A is VN3aaVO —��, N 3F SMOIA [H S NQli dTNVAlASNN3d N C) VINVA,m M_ a C M31 At 319 V T s6 t C, U ° - w nd o t— o � � can, ct�° M 54 , AV v�'a� � � o � E w L a o oI aC m E .. ( 15 htib35i �! osz OW A Y ={ a r '° tj� m 2011-274 5.M.e EXHIBIT l ORIGINAL FOR COUNTY USE ONLY AF A New Vendor Code �� Dept w Contract.Number COUNIY Change !1 09-$3p A-t Cancel County Department Dept. Orgn. Contractor's License No. - Real Estate Services Department County Department Contract Representative Telephone Total Contract Amount County of San Bernardino David H.Slaughter,Director (909)387-5104 $ Cn F A S Contract Type O evenue R Encun2b@Md Un encumbered 0 Other. If not encumbered or revenue contract type,p rovide reason: L _ STANDARD CONTRACT o Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount $ $ 3 FIRST AMENDMENT Fund Dept' Organization Appr. ObyRev Source GRC/PROJIJOB No Amount AAA RNT RNT 200 2905 59002663 $ Q 0 Fund Dept. Organization Appr. Obj/Rev Source GRCIPR©JIJOB No. Amount 00 $ 6 0 Fund Dept. Organization Appr. Obj/Rev Source GRC/PROD/JOB No. Amount N $ a� Project Name Estimated Payment Total by Fiscal Year N San Bernardino-PSD FY Amount I/D FY Amount I/D s 2969 Flores Street _ Contract type 5(a) E THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereinafter caller o the County, and Name v City of San Bernardino hereinafter called Landlord Address `? 301 S."E"Street San Bernardino, CA 92401 Telephone Federal ID No.or Social Security No. M (909)384-5031 a=i E IT IS HEREBY AGREED AS FOLLOWS: a 0 M WHEREAS, the COUNTY and the CITY OF SAN BERNARDINO ("LANDLORD") have previously enterer o into a Lease Agreement, Contract No. 09-830 (the "Lease"), wherein LANDLORD agreed to lease certain rea a property to the COUNTY; and, Y U WHEREAS, under the terms of the Lease Agreement, Contract No. 09-830, COUNTY has five (5) one-yea m options to extend the term; and, as WHEREAS, COUNTY and LANDLORD now desire to amend the Lease to exercise the first one-yea E option to extend the term from September 1, 2011 (the "Commencement Date of the First One-Year Extender a Term") through August 31, 2012 (the "Expiration Date of the First One-Year Extended Term"); and modlf! a Paragraph 48. PUBLIC RECORDS DISCLOSURE. AudittoNControffer-Recorder Use Only Q Contract Database 0 FAS Input Date Keyed By Packet Pg,260 2011-274 EXHIBIT I NOW, THEREFORE, in consideration of mutual covenants and conditions, the parties hereto agree the Case Agreement, Contract No. 09-830, is amended as follows: 1. CHANGE that portion of Paragraph 3, TERM, which now reads "—shall commence on September 9, 2009 and end on August 31, 2011° ... to read ..- "shall commence on September 1, 2011 (the "Commencement Date of the First One Year Extended Term") and end on August 31, 2012 (the "Expiration Date of the First One Year Extended Term")". (n 0 2. EXTEND the term of the Lease pursuant to Paragraph 6, OPTION TO EXTEND TERM, from C September 1, 2011 (the "Commencement Date of the First One Year Extended Term") through August 31, 2012 =0 (the "Expiration Date of the First One Year Extended Term") at a monthly rate of One Thousand Nine Hundred Fifty and 00/100 Dollars ($1,950.00 or $0.90/sq.ft.)for the first twelve (12) months. 3. DELETE in its entirety, Subparagraph 4.a., RENT, and SUBSTITUTE, therefore, the following as a new < C) Subparagraph 4.a. RENT: M 0? a) 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. LO September 1, 2011 thru August 31, 2012 -monthly payments of$1,950.00 ($0,901sq.ft-) 4. DELETE in its entirety Paragraph 48, PUBLIC RECORDS DISCLOSURE and SUBSTITUTE, therefore, the following as a new Paragraph 48. PUBLIC RECORDS DISCLOSURE as follows: E 48. PUBLIC RECORDS DISCLOSURE: a. All information received by the CITY or COUNTY concerning this Lease, including the Lease itself, C', may be treated as public information subject to disclosure under the provisions of the California Public Records M Act, Government Code Section 6250 et sect. (the "Public Records Act"). The Parties understand that although all L materials received in connection with this Lease are intended for the exclusive use of the parties, they are 4 potentially subject to disclosure under the provision of the Public Records Act. E b. CONFIDENTIALITY. CITY acknowledges that the premises will be used by COUNTY for the processing and storage of confidential information protected from unlawful access and disclosure by federal E state and local laws. COUNTY and its officers, agents, volunteers and employees, agree to comply with relevant federal, state and local laws pertaining to the security and protection of such confidential information while on the C? premises, CITY agrees that it will prevent any unlawful access to or disclosure of the confidential information by CITY, its officers, agents, volunteers, employees and contractors. CITY agrees that all entities with which CITY contracts to provide services on the premises will prevent any unlawful access or disclosure of the confidential information, and that said entities will agree to the same in writing. CITY acknowledges that any unlawful access to or disclosure of confidential information may result in the imposition of civil and criminal sanctions. in (D E [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] < 0 Revised 1/11/2011 Packet Pg. 261 2011-274 EXHIBIT 1 5. All other provision and terms of the Lease Agreement, Contract No. 09-830, shall remain the same and are :reby incorporated by referenced. END OF FIRST AMENDMENT. m rn 4- 0 a Y 0 U t Y v Q 0 M C? 0) 0 d N fC d J N Y t t� _ _ R E 0 r UD N n Cl? r il! Y COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO Jos o Cha ar S pe (Authorfzedsignatune-Sig 'nblue'nk) Q 0 Dated. :aT 2011 Name: (y.4 yys 0 SIGNED AND CERTIFI COPY OF THIS DOCUMENT HAS FI / TO THE Title: 1 ' CHAIRMAN OF9 # U ©4. u �O Dated: rvisors fGt +r+ tt _ f Be rdino E By t: Address: 341 S. "E" Street San Bernardino CA 92401 L) 1w Y Q Approved as to ego. Reviewed by Contract Compliance Preseht4d to BOS for Softature `obert F.Messinger,County Cou a n ti d y' Date 1( �j` f Date ate b f Revised 1/1112011 Packet Pg.262 2012-88 RI INA Q FOR COUNTY USE ONLY New Vendor Code Dept. Contract Number Change CITYOFSAN772 SC ' RNT A 09-830 A-2 r_ Cancel i County Department Dept. Orgn. Contractor's License No. Real Estate Services Department RNT RNT County Department Contract Representative Telephone Total Contract Amount m County of San Bernardino David H.Slaughter, Director (909)387-5104 $92 U),360 A Contract Type 0 ev n En umb r d n ncumber d then. if not encumbered or revenue contract type,provide reason: I o STANDARD CONTRACT U Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount 96164 9/9/09 8131/13 $69,296 $23,064 .3 Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJIJOB No Amount SECOND AMENDMENT Q AAA RNT RNT 200 2945 59002663 $ c Fund Dept. Organization Appr. Obj/Rev Source GRCIPROJIJOB No. Amount 00 $ c Fund Dept. Organization Appr. Obj/Rev Source GRCIPROJ/JOB No. Amount N $ ca d Project Narne Estimated Payment Total by Fiscal Year J San Bernardino-PSD FY Amount I/D FY Amount I/D w 2969 Flores Street 13 23,120.00 Contract type 5(a) c c t4 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 Landlord M Address 301 S. "E" Street San Bernardino, CA 92401 r c Telephone Federal ID No.or Social Security No. W (909)384-5031 E -a c a� IT IS HEREBY AGREED AS FOLLOWS: E Q WHEREAS, the COUNTY and the CITY OF SAN BERNARDINO ("LANDLORD") have previously entered M into a Lease Agreement, Contract No. 09-830 (the "Lease"), wherein LANDLORD agreed to lease certain real � property to the COUNTY; and, ° a WHEREAS, under the terms of Amendment No. 1 to Lease Agreement, Contract No. 09-830, COUNTY Y has four(4)one-year options remaining, and, U a m WHEREAS, COUNTY and LANDLORD now desire to amend the Lease to exercise the second one-year option to extend the term from September 1, 2012 (the "Commencement Date of the Second One-Year Extended E Term")through August 31, 2013 (the"Expiration Date of the Second One-Year Extended Term"). U NOW, THEREFORE, in consideration of mutual covenants and conditions, the parties hereto agree the a Lease Agreement, Contract No. 09-830, is amended as follows: AudltorlContro_/ter-Recorder Use Only 0 Contract Database O FAS Input Date Keyed By Page 1 of 2 Packet Pg.263 2012-88 1. CHANGE that portion of Paragraph 3, TERM, which now reads "...shall commence on September 1, 2011 (the "Commencement Date of the First One Year Extended Term") and end on August 31, 2012 (the "Expiration Date of the First One Year Extended Term")" ... to read ... "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")". N 2. EXTEND the term of the Lease pursuant to Paragraph 6, OPTION TO EXTEND TERM, from 0 September 1, 2012 (the "Commencement Date of the Second One Year Extended Term") through August 31, 2013 (the "Expiration Date of the Second One Year Extended Term") at a monthly rate of One Thousand Nine o Hundred Twenty-two and 00/100 Dollars ($1,922.00 or$0.89/sq.ft.)for the first twelve(12)months. L) 3. DELETE in its entirety, Subparagraph 4.a., RENT, and SUBSTITUTE, therefore, the following as a new 3 v Subparagraph 4.a. RENT: a 0 M 4. RENT: 00 a. COUNTY shall pay to CITY the following monthly rental payments in arrears on the last day of c each month, commencing when the term commences, continuing during the term. N m September 1, 2012 thru August 31, 2013--monthly payments of$1,922.00 ($0.89/sq.ft.) Y s 4. All other provision and terms of the Lease Agreement, Contract No. 09-830, as previously amended, .2 shall remain the same and are hereby incorporated by referenced. x _ END OF SECOND AMENDMENT. E 0 cc N M M tJ! COUNTY O %20 CITY OF N BERNARDINO e. E By: ► c ► E Josle a e of ervis uf(A orized signature-sign in blue ink) Q i Dated: l t, a . Name: a SIGNED AND CER Ej ' A('a'Q THIS ° DOCUMENT HAS,• El IVEl 1j Title: a CHAIRMAN OFT'E; ' RDA=` �' ti r- a ra,H `v�11 ' Dated: } 1 '" U $' le 0- .,e#�`ti f u ervi F4 rs m 'f t Ci?ttrfity oft Bernard _ By ' Address: 301 S. "E"Street San Bernardino CA 92401 E Appr ed to Leg Fo ) *Q eviewed by Contract Compliance Prese to 805 for Sjignatur Q Alan .Green, o,rnty Co uns r Depart ent Hea.�..--= C -- f Date 1/41/ Date Date Revised 1/1112011 Page 2 of 2 Packet Pg.264 5.M.e CD .. vmi AN �61d N 5 o W 1 4 ++ yti o � Cl) 0 v m a� can .. �s i d �N'DSSLr� �i 2 Ns S C Is cn Qn w 4. r E Z 0"0 � 8 1 p 11N� N ^ _ sidoli o >O� VINVAIASNN3d N ]VI WA UsWd C i cn Q ,�,.� _. " - rein 31 M Q N U c 1 m w AV 6 6 vtiZ v k 0. r• � � vs cn E r AV, co M 0 cv �( Q Q m E. AMA � c Cd '.. co � V AV , Packet Pg.265 2013-292 5.M.e ORIGINA' FOR COUNTY USE ONLY New FAS Vendor Code Dept, Contract Number Change Cancel CITYOFSAN772 SC" A 09-830 A-3 ePro Vendor Number ePro Contract Number 00003036 County Department beet. Orgn. Contractor's License No, Real Estate Services m County Department Contract Representative Telephone Total Contract Amount N County of San Bernardino David H. Slaughter, Director (909)387-5252 $114,656 F A S Contract Type [Revenue x Encumbered C3 Unencumbered th r: 0 STANDARD CONTRACT It not encumbered or revenue contract type,pro vide reason: U t Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount 3 96164 9/9109 8/31/14 $92,360 $22,296 Q Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No Amount o THIRD AMENDMENT AAA RNr RNT 200 2905 59002663 $ 0Mo Fund Dept, Organization Appr, Obj/Rev Source GRC/PROJ/JOB No. Amount c $ N tC Fund Dept, Organization Appr, Obj/Rev Source GRC/PROD/JOB No, Amount J $ r Project Name Estimated Payment Total by Fiscal Year San Bernardino—PSD FY Amount I/D FY Amount I/D a) 2969 Flores Street Drive = c CU Contract type 5(a) E O THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereinafter called the County, and to Name M City of San Bernardino hereinafter called CITY or Landlord M Address 300 N. "D" Street c d San Bernardino, CA 92418 E Telephone Federal ID No.or Social Security No. (909) 384-5233 E Q IT IS HEREBY AGREED AS FOLLOWS: M C9 0 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 Y COUNTY; and, Q m 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, E 0 WHEREAS, the COUNTY and CITY now desire to amend the Lease to exercise the third one-year option a 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 ,} one-year option periods; and, Auditor-Controllerlrreasurer Tax Collector Use Onl 0 Contract Database 0 FAS Input Date Keyed By Packet Pg.266'`- 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 umi COUNTY'S DEFAULT; and, 0 WHEREAS, the COUNTY desires to amend the Lease to modify Paragraph 25, NOTICES; and, 0 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: CD M C? 1. CHANGE that portion of Paragraph 3, TERM, which now reads —"shall commence on September 0 0) 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 L Date of the Third One Year Extended Term")". 2. DELETE, in its entirety, Subparagraph 4.a., RENT, and SUBSTITUTE, therefore the following as a �w Subparagraph 4.a., RENT and add a new Subparagraph 4.c. as follows: E 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: C? September 1, 2013 thru August 31, 2014- monthly payments of$1,858.00 ($0.86 psf) E '0 C. CITY agrees to register through the County of San Bernardino's Electronic 5) Procurement Network (ePro) system at https:/epro.sbcounty.gov/epro/. E C? 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: D Y L) 11. HEALTH, SAFETY AND FIRE CODE REQUIREMENTS: Q a. Compliance with Code Requirements: As a condition precedent to the existence of E r- this Lease, CITY, at its sole expense will ensure the Premises meet the applicable requirements of all Health, mu Safety, Fire and Building Codes, statutes, regulations and ordinances for public and governmental buildings, 2 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 -nprovements on or in the Premises which have been constructed or installed by CITY or with CITY's consent or A 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 118/13 Packet Pg.267 2013-292 5.M.e C applicable Codes, statutes, regulations, or ordinances exist with regard to the Premises as of the ommencement 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 m Certified Access Specialist in conjunction with this Lease. m 4- 0 4. DELETE in its entirety, Paragraph 23, CITY'S REMEDIES ON COUNTY'S DEFAULT, and Z, SUBSTITUTE therefore, the following as a new Paragraph 23, CITY'S REMEDIES ON COUNTY'S DEFAULT: o U 21 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 a anything herein to the contrary, there shall be no right under any circumstances to accelerate the Rent or M otherwise declare any Rent not then in Default to be immediately due and payable. Each and every covenant T 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 n remain liable for the payment of the Rent and/or damages for breach of this Lease and the performance of all J conditions contained herein and, in any event such rent and/or damages shall be payable to the CITY only at the w same time and in the same manner as provided for the payment of Rent. 2M 5. CHANGE that portion of the existing Paragraph 25, NOTICES, which now reads: c n, E ...City of San Bernardino 0 Parks, Recreation & Community Services Department 201-A North "E" Street, Suite 103 N San Bernardino, CA 92401..," M to read: 4 c "...City of San Bernardino E Parks, Recreation & Community Services Department 300 N. °D" Street E a San Bernardino, CA 92418..." o M and 0 0 "...County of San Bernardino Y Real Estate Services Department 825 East Third Street, Room 207 a m San Bernardino, CA 92415-0832..." 0 to read: "...County of San Bernardino Q 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 Packet Pg.268 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 ca Cn 4- Superior Court of California, County of San Bernardino. 0 7, All other provisions and terms of the Lease Agreement, Contract No. 09-830, as previously Z 0 amended, shall remain the same and are hereby incorporated by referenced. END OF THIRD AMENDMENT. C? O COUNTY OF SAN BERNA 1 0 CITY OF SAN BERNARDINO LM By: Janice Rut rford, Chair, Board of Superviors (A ,1rued signature-sign in biue ink) ted: hif1lt ft � 1111-i t Name: Allen J. Parker E (Print or type name of person signing contract) SIGNED AND CERTIFIED THAT A COPY OF THIS o DOCUMENT HAS BEEN DELIVERED TO THE Title: City Manager C14 CHAIRMAN OF THE BOARD (Print or Type) n Laura H.Welch Dated: t l r C) C? Clerk of the Board of Supervisors of the County of San Bernardino Approved as to form: JAMES F. PENMAN, City Attorney E By: (Authorized signature-sign in blue ink) E Name: .Tampa F- pi-nEunn Cl) (Print or type name of person signing contract) 0? Title: City Attorney X4 j (Print or Type) D Dated: Ort-nlio?- 1A 13 By Address 300 N. "D" Street tat A7 ry E San Bernardino, CA 92418 Approved,as to egal Form-*'6J9*3Uk'- Reviewed by Contract Compliance Pires ed to BOS for Si Oat" 10� 2 ' �K� 0. V Counsel Hobert F.Messinger,Deputy/Coup D Slaugh K'Qj* e—rrvices Dept ,ate t Date Date > i/Zq/c Revised 1/8/13 Packet Pg.269 .. ... - o CD 00 AN 031d N °' � p 0 � U P O _ Cl) 00 CD b { W E~ p tVA 4V r QWao t - _ q H z �, s VN30d";. w RR N M slim WW ,Y' �p�C Is N 1S 53bOlj 0 sidoli iFE VINVAIASNN3d to o w � �r�nr�,astH M AM Ca3 d {x M3IA 3'19 N ac ODEZ M c W AV � -a p� VNOZ I dV N I , E 41 At! Q -- o CD� IL f fi r O tea M a ' Vi Q m LS Jl2id3 TE ; z ce V cn cric � S\4- Q crAV t