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HomeMy WebLinkAbout2014-344 1 RESOLUTION NO. 2014-344 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SA 3 BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A LEAS AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND PUBLIC SAFET 4 ACADEMY FOR SHARED USE OF THE FACILITY AT THE NORTO RECREATION CENTER LOCATED AT 1554 EAST ART TOWNSEND DRIVE. 5 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CIT OF SAN BERNARDINO AS FOLLOWS: 7 8 SECTION 1. That the City Manager is hereby authorized and directed to execute . 9 Lease Agreement between the City of San Bernardino and Public Safety Academy for shared us: 10 of the Norton Recreation Center located at 1554 East Art Townsend Drive, San Bernardino, C• 11 92408, a copy of which is attached hereto, marked Exhibit "A" and incorporated by thi 12 reference as though set forth fully at length; and, 13 SECTION 2. That the authorization granted hereunder shall expire and be void and o I 14 15 no further effect if the agreement is not executed by both parties and returned to the Office of the 16 City Clerk within sixty(60) days following the effective date of this Resolution. 17 /// 18 19 /// 20 21 /// 22 /// 23 /// 24 /// 25 26 27 /// 28 /// 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SA BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A LEAS 2 AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND PUBLIC SAFET 3 ACADEMY FOR SHARED USE OF THE FACILITY AT THE NORTO RECREATION CENTER LOCATED AT 1554 EAST ART TOWNSEND DRIVE. 4 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor an• 6 Common Council of the City of San Bernardino at a joint regular meeting, thereof, held on the 7 15th day of September, 2014, by the following vote to wit: 8 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 MARQUEZ X 11 BARRIOS X 12 13 VALDIVIA X 14 SHORETT X 15 NICKEL X 16 JOHNSON X 17 MULVIHILL X 18 J 19 / 20 aJ 21 Georgeann Hanna, City Clerk 22 The foregoing resolution is hereby approved this`6r day of September, 2014. 23 24 25 R. CAREY VIS, Mayor City of San :ernardino 26 Approved as to form: GARY D. SAENZ, City Attorney 27 28 /1 2014-344 1 AGREEMENT BETWEEEN PUBLIC SAFETY ACADEMY 2 AND CITY OF SAN BERNARDINO 3 FOR LEASE OF NORTON RECREATION CENTER 4 5 This Lease Agreement("Lease") is made and effective the 15tray of Septembe]2014 by and between PUBLIC 6 SAFETY ACADEMY ("Tenant") and CITY OF SAN BERNARDINO ("Landlord") (collectively the "Parties" 7 individually a"Party"). 8 9 Landlord is the owner of land and improvements commonly known and numbered as that certain portion of 155' 10 EAST ART TOWNSEND DRIVE in the CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO 11 STATE OF CALIFORNIA, 92408 with Parcel Number 0136-341-09-0000 (the "Property"). This Lease covers the 12 portion of the Property commonly known as the NORTON RECREATION CENTER. 13 14 THEREFORE,in consideration of the mutual promises contained herein,and other good and valuable consideration 15 it is AGREED: 16 17 1.TERM;TERMINATION 18 19 1.1. Landlord hereby leases the Norton Recreation Center to Tenant, and Tenant hereby leases the same fro 20 Landlord, beginning August 1, 2014 and continuing from month to month until terminated in conformi 21 with Section 1.2. 22 23 1.2. This Lease may be terminated by either party for any reason upon thirty (30) days written notice i 24 conformity with the notice requirements of Section 19. 25 26 27 28 PSA NORTON RECREATION CENTER LEASE AGREEMENT Page 1 of 15 2014-344 1 2.RENTAL 2 3 Tenant shall pay to Landlord during the Initial Term rent, payable in installments of$2,700.00 per month. Eac 4 installment payment shall be due on the first day of each calendar month during the lease term. The rental paymen 5 amount for any partial calendar months included in the lease term shall be prorated on a daily basis. 6 7 3.HOURS AND UNAUTHORIZED USE 8 9 3.1. Tenant shall have right to exclusive use of the Norton Recreation Center from 7 a.m.until 5 p.m.daily fro 10 Monday through Friday("Business Hours")during the term of this Lease. Landlord may from time to tim; 11 request consent from Tenant that Landlord or another third party have access to Norton Recreation Cente 12 during Business Hours for the purposes of Landlord or third party sponsored activities, such consent not t• 13 be unreasonably withheld. During all other times Landlord shall continue to have right to exclusive use o 14 the Norton Recreation Center. Tenant may from time to time request consent from Landlord that Tenan 15 have access to Norton Recreation Center outside Business Hours for Tenant sponsored activities, suc 16 consent to be given in the sole discretion of Landlord. 17 18 3.2 Tenant shall not use the Norton Recreation Center for the purposes of storing,manufacturing or selling an 19 explosives, flammables or other inherently dangerous substance, chemical, thing or device. Tenant shal 20 maintain master key control for areas of exclusive Tenant use. Tenant shall provide keys to all areas of th; 21 building to Landlord within 48 hours. 22 /// 23 /// 24 /// 25 /// 26 /// 27 28 PSA NORTON RECREATION CENTER LEASE AGREEMENT Page 2 of 15 2014-344 1 4.SUBLEASE AND ASSIGNMENT 2 3 Tenant shall not sublease all or any part of the Norton Recreation Center, or assign this Lease in whole or in pa 4 without Landlords consent, such consent to be given in Landlord's sole discretion. 5 6 5.REPAIRS;BUILDING MAINTENANCE 7 8 During the Lease term, Landlord shall make, at Landlord's expense, all necessary repairs to the Norton Recreatio 9 Center. Landlord shall professionally maintain the Norton Recreation Center including heating, air conditioning 10 electrical, plumbing and water systems, if any, and keep glass, interior walls, lighting, windows and doors i 11 operable and safe condition. Landlord shall maintain the roof, foundation, exterior walls, common areas and parking 12 lots of the Property except as provided below: 13 (1) Tenant shall inspect the Property on a weekly basis and submit reports of any areas of concern to the 14 Landlord immediately. Landlord shall not be liable for repairing any defects for which the Tenant has no 15 notified Landlord in writing. Landlord may, at its discretion, perform inspections of the Property to ensur: 16 it is in good condition. Failure of Tenant to conduct weekly inspections or report areas of concern is 17 Landlord may result in default. 18 (2) Tenant shall be responsible for maintaining the following: 19 a. EXTERIOR 20 i. Ensuring the entire Property remains free of graffiti. 21 ii. Mowing and edging all lawns on the Property. iii. Ensuring the flower and planter beds remain free of weeds. 22 iv. Sweeping and/or blowing sidewalks and parking areas. 23 v. Trimming bushes and tree branches. 24 vi. Cleaning windows. 25 vii. Removing trash and leaves. viii. Making minor irrigation repairs and adjustments. 26 ix. Removing dead/diseased plant materials,trees, shrubs,or other vegetation. 27 28 PSA NORTON RECREATION CENTER LEASE AGREEMENT Page 3 of 15 2014-344 1 (3) Landlord shall be responsible for maintaining the following: 2 a. INTERIOR—Janitorial services/minor repairs,which shall include,but are not limited to: 3 i. Vacuum rugs. 4 ii. Clean and dust,mop floors. 5 iii. Clean restrooms and locker room. iv. Provide janitorial supplies. 6 v. Remove trash. 7 vi. Clean windows and walls. 8 vii. Repair inside plumbing,replace inside lighting. 9 viii. Repair inside electrical. ix. Servicing of fire extinguishers. 10 x. Clean and maintain ventilating system inside the Norton Recreation Center. 11 xi. Maintenance of burglar/fire systems and the total costs thereof, including the provision o 12 an after-hours contract to the fire/alarm dispatch. (4) Tenant shall be solely responsible for making all repairs and maintenance required as a result of(a)cause' 13 over which Tenant has control; (b) acts or omissions of Tenant, or its authorized representatives; (c) direc 14 result of Tenant use. 15 6.ALTERATIONS AND IMPROVEMENTS 16 17 Tenant,at Tenant's expense,shall have the right with Landlord's consent to remodel,redecorate,and make additions 18 improvements and replacements of and to all or any part of the Norton Recreation Center from time to time a- 19 Tenant may deem desirable, provided the same are made in a workmanlike manner and utilizing good quali 20 materials.Tenant shall have the right to place and install personal property,fixtures,equipment and other tempora 21 installations in and upon the Norton Recreation Center, and fasten the same to the premises. All personal property 22 equipment, machinery, fixtures and temporary installations, whether acquired by Tenant at the commencement o 23 the Lease term or placed or installed on the Norton Recreation Center by Tenant thereafter, shall remain Tenant'• 24 property free and clear of any claim by Landlord. Tenant shall have the right to remove the same at any time durin: 25 the term of this Lease provided that all damage to the Norton Recreation Center caused by such removal shall b; 26 repaired by Tenant at Tenant's expense. 27 28 PSA NORTON RECREATION CENTER LEASE AGREEMENT Page 4 of 15 2014-344 1 7.PROPERTY TAX 2 3 Landlord shall pay,prior to delinquency, all general real estate taxes and installments of special assessments comin_ 4 due during the Lease term on the Property, and all personal property taxes with respect to Landlord's persona 5 property, if any, on the Property. Tenant shall be responsible for paying all personal property taxes with respect to 6 Tenant's personal property at the Norton Recreation Center. 7 8 8.INSURANCE 9 10 8.1. Tenant is to carry fire and comprehensive general liability insurance to insure Landlord against loss o 11 damage due to fire,theft,vandalism,rain,water,criminal or negligent acts, or any other cause in an amount not les. 12 than $1,000,000 per occurrence with an annual aggregate of not less than $2,000,000. Tenant's liability insuranc= 13 shall name Landlord as an additional insured. Tenant, upon Landlord's request, shall provide Landlord with . 14 certificate of insurance establishing Tenant's compliance. Tenant shall ensure that the premiums thereon are full 15 paid on or before the due date. Tenant shall provide ten (10) days advance notice to Landlord if a policy is due to 16 expire or be canceled. The limits of the insurance shall not limit the liability of the Tenant nor relieve Tenant of an 17 obligation hereunder. All insurance by Tenant shall be primary to and not contributory with any similar insuranc: 18 carried by Landlord,whose insurance, if any,shall be considered excess insurance only. 19 20 8.2. Tenant has been advised and understands that Landlord is self-insured. 21 22 9.UTILITIES 23 24 Landlord shall pay all charges, including applicable taxes, for water, sewer, gas, electricity, and other services an. 25 utilities used by Tenant on the Norton Recreation Center, with the exception of telephone and internet service 26 during the term of this Lease unless otherwise expressly agreed in writing by Landlord. Landlord shall pay suc 27 28 PSA NORTON RECREATION CENTER LEASE AGREEMENT Page 5 of 15 2014-344 1 amounts within fifteen(15) days of invoice. Tenant acknowledges that the Norton Recreation Center is designed t. 2 provide standard gymnasium use electrical facilities and standard gymnasium lighting. Tenant shall not use an 3 equipment or devices that utilize excessive electrical energy or which may, in Landlord's reasonable opinion 4 overload the wiring or interfere with electrical services. 5 6 10.SIGNS 7 8 Following Landlord's consent, Tenant shall have the right to place on the Property and in Norton Recreation Center 9 at locations approved by Landlord, any signs which are permitted by applicable zoning ordinances and private 10 restrictions. Landlord may refuse consent to any proposed signage that is in Landlord's opinion too large, deceptive 11 unattractive or otherwise inconsistent or inappropriate with the nature of the Property. Landlord shall assist an. 12 cooperate with Tenant in obtaining any necessary permission from governmental authorities or adjoining owner 13 and occupants for Tenant to place or construct the foregoing signs. Tenant shall repair all damage to the Norto 14 Recreation Center resulting from the removal of signs installed by Tenant. 15 16 11.ENTRY 17 18 Landlord shall have the right to enter upon the Norton Recreation Center at any time to inspect the same, provide 19 Landlord shall not thereby unreasonably interfere with Tenant's activities in the Norton Recreation Center. 20 21 12.PARKING 22 23 During the term of this Lease, Tenant shall have the non-exclusive use in common with Landlord, other tenants o 24 the Property, their guests and invitees, of the non-reserved common automobile parking areas, driveways, an. 25 footways, subject to rules and regulations for the use thereof as prescribed from time to time by Landlord.Landlor. 26 27 28 PSA NORTON RECREATION CENTER LEASE AGREEMENT Page 6 of 15 2014-344 1 reserves the right to designate parking areas on the Property or in reasonable proximity thereto, for Tenant an' 2 Tenant's agents and employees. 3 4 13.PROPERTY RULES 5 6 Tenant will comply with the rules of the property adopted and altered by Landlord from time to time and will caus= 7 all of its agents, employees, invitees and visitors to do so; all changes to such rules will be sent by Landlord to 8 Tenant in writing. 9 10 14.DAMAGE AND DESTRUCTION 11 12 If the Norton Recreation Center or any part thereof or any appurtenance thereto is damaged Landlord shall promptl 13 repair such damage at the cost of the Landlord. In making the repairs called for in this paragraph,Landlord shall no 14 be liable for any delays resulting from strikes, governmental restrictions, inability to obtain necessary materials o 15 labor or other matters which are beyond the reasonable control of Landlord. Tenant shall be relieved from payin! 16 rent and other charges during any portion of the Lease term that the Norton Recreation Center is inoperable or unfi 17 for occupancy, or use, in whole or in part, for Tenant's purposes. Rentals and other charges paid in advance for an 18 such periods shall be credited on the next ensuing payments, if any,but if no further payments are to be made, an 19 such advance payments shall be refunded to Tenant. The provisions of this paragraph extend not only to the matter' 20 aforesaid, but also to any occurrence which is beyond Tenant's reasonable control and which renders the Norto 21 Recreation Center, or any appurtenance thereto, inoperable or unfit for occupancy or use, in whole or in part, fo 22 Tenant's purposes. 23 /// 24 /// 25 /// 26 /// 27 28 PSA NORTON RECREATION CENTER LEASE AGREEMENT Page 7 of 15 2014-344 1 15.DEFAULT 2 3 If default shall at any time be made by Tenant in the payment of rent when due to Landlord as herein provided, an. 4 if said default shall continue for thirty (30) days after written notice thereof shall have been given to Tenant b 5 Landlord, or if default shall be made in any of the other covenants or conditions to be kept, observed and performe. 6 by Tenant, and such default shall continue for thirty(30)days after notice thereof in writing to Tenant by Landlor. 7 without correction thereof then having been commenced and thereafter diligently prosecuted, Landlord may declar= 8 the term of this Lease ended and terminated by giving Tenant written notice of such intention, and if possession o 9 the Norton Recreation Center is not surrendered, Landlord may reenter said premises. Landlord shall have, i 10 addition to the remedy above provided, any other right or remedy available to Landlord on account of any Tenan 11 default,either in law or equity.Landlord shall use reasonable efforts to mitigate its damages. 12 13 16.QUIET POSSESSION 14 15 Landlord covenants and warrants that upon performance by Tenant of its obligations hereunder, Landlord will kee. 16 and maintain Tenant in exclusive, quiet, peaceable, undisturbed and uninterrupted possession of the Norto 17 Recreation Center during the term of this Lease. 18 19 17.CONDEMNATION 20 21 If any legally, constituted authority condemns the Building or such part thereof which shall make the Norto 22 Recreation Center unsuitable for leasing, this Lease shall cease when the public authority takes possession, an. 23 Landlord and Tenant shall account for rental as of that date. Such termination shall be without prejudice to the right. 24 of either Party to recover compensation from the condemning authority for any loss or damage caused by the 25 condemnation.Neither Party shall have any rights in or to any award made to the other by the condemning authority 26 27 28 PSA NORTON RECREATION CENTER LEASE AGREEMENT Page 8 of 15 2014-344 1 18.SUBORDINATION 2 3 Tenant accepts this Lease subject and subordinate to any mortgage, deed of trust or other lien presently existing o 4 hereafter arising upon the Norton Recreation Center, or upon the Property and to any renewals, refinancing an. 5 extensions thereof, but Tenant agrees that any such mortgagee shall have the right at any time to subordinate suc 6 mortgage, deed of trust or other lien to this Lease on such terms and subject to such conditions as such mortgage= 7 may deem appropriate in its discretion. Landlord is hereby irrevocably vested with full power and authority t. 8 subordinate this Lease to any mortgage, deed of trust or other lien now existing or hereafter placed upon the Norto 9 Recreation Center or the Property, and Tenant agrees upon demand to execute such further instrument• 10 subordinating this Lease. Tenant agrees that it will from time to time upon request by Landlord execute and delive 11 to such persons as Landlord shall request a statement in recordable form certifying that this Lease is unmodified an. 12 in full force and effect(or if there have been modifications,that the same is in full force and effect as so modified) 13 stating the dates to which rent and other charges payable under this Lease have been paid, stating that Landlord i• 14 not in default hereunder(or if Tenant alleges a default stating the nature of such alleged default)and further statin: 15 such other matters as Landlord shall reasonably require. 16 17 19.NOTICE 18 19 Any notice required or permitted under this Lease shall be deemed sufficiently given or served if sent by Unite. 20 States certified mail,return receipt requested,addressed as follows: 21 22 IF TO LANDLORD: IF TO TENANT: 23 Mickey Valdivia,Director Richard Lawhead,President 24 201 North"E"Street, Ste. 301 1482 East Enterprise Drive 25 San Bernardino,CA 92401 San Bernardino,CA 92408 26 27 28 PSA NORTON RECREATION CENTER LEASE AGREEMENT Page 9 of 15 2014-344 1 Landlord and Tenant shall each have the right from time to time to change the place notice is to be given under thi• 2 paragraph by written notice thereof to the other Party. 3 4 20.BROKERS 5 6 Tenant represents that Tenant was not shown the Norton Recreation Center by any real estate broker or agent an. 7 that Tenant has not otherwise engaged in any activity which could form the basis for a claim for real estat= 8 commission,brokerage fee, finder's fee or other similar charge,in connection with this Lease. 9 10 21.WAIVER 11 12 No waiver of any default of Landlord or Tenant hereunder shall be implied from any omission to take any action o 13 account of such default if such default persists or is repeated, and no express waiver shall affect any default othe 14 than the default specified in the express waiver and that only for the time and to the extent therein stated. One o 15 more waivers by Landlord or Tenant shall not be construed as a waiver of a subsequent breach of the same covenant 16 term or condition. 17 18 22.HEADINGS 19 20 The headings used in this Lease are for convenience of the Parties only and shall not be considered in interpretin: 21 the meaning of any provision of this Lease. 22 23 23.SUCCESSORS 24 25 This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, successor 26 and permitted assigns. 27 28 PSA NORTON RECREATION CENTER LEASE AGREEMENT Page 10 of 15 2014-344 1 24.CONSENT 2 3 Landlord shall not unreasonably withhold or delay its consent with respect to any matter for which Landlord'. 4 consent is required or desirable under this Lease. 5 6 25.PERFORMANCE 7 8 If there is a default with respect to any of Landlord's covenants, warranties or representations under this Lease, an. 9 if the default continues more than fifteen (15) days after notice in writing from Tenant to Landlord specifying the 10 default, Tenant may, at its option and without affecting any other remedy hereunder, cure such default and deduc 11 the cost thereof from the next accruing installment or installments of rent payable hereunder until Tenant shall hay; 12 been fully reimbursed for such expenditures, together with interest thereon at a rate equal to the lessor of twely. 13 percent (12%) per annum or the then highest lawful rate. If this Lease terminates prior to Tenant's receiving ful 14 reimbursement,Landlord shall pay the unreimbursed balance plus accrued interest to Tenant on demand. 15 16 26.COMPLIANCE WITH THE LAW; NON-DISCRIMINATION 17 18 26.1. Tenant shall comply with all laws, orders, ordinances and other public requirements now or hereaftei 19 pertaining to Tenant's use of the Norton Recreation Center. Landlord shall comply with all laws, orders, ordinance 20 and other public requirements now or hereafter affecting the Norton Recreation Center. 21 22 26.2. In the performance of this Lease,Tenant shall not engage in,nor permit its officers,employees or agents t. 23 engage in, discrimination of persons because of their race, religion, color, national origin, ancestry, age, mental o 24 physical disability,medical condition, marital status, sexual gender or sexual orientation, veteran status or any othe 25 status protected by law. 26 27 28 PSA NORTON RECREATION CENTER LEASE AGREEMENT Page 11 of 15 2014-344 1 27.FINAL AGREEMENT 2 3 This Lease terminates and supersedes all prior understandings or agreements on the subject matter hereof. Thi• 4 Lease may be modified only by a further writing that is duly executed by both Parties. This Lease is intended as th; 5 final expression of the Parties' agreement, and may not be contradicted by evidence of any prior agreement o 6 contemporaneous oral agreement. Any provision of this Lease that is held to be invalid shall not affect the validi 7 or enforceability of any other provision of this agreement. 8 9 28.GOVERNING LAW AND VENUE 10 11 28.1. This Lease shall be governed, construed and interpreted by, through and under the Laws of the State o 12 California. 13 14 28.2. The Parties hereto agree that all actions or proceedings arising in connection with this Lease shall be tries 15 and litigated either in the State Courts located in the County of San Bernardino, State of California or the U.S 16 District Court for the Central District of California, Riverside Division. The aforementioned choice of venue i• 17 intended by the parties to be mandatory and not permissive in nature. 18 19 29.ATTORNEY FEES 20 21 In any action or proceeding arising out of this Lease, the prevailing Party between Landlord and Tenant shall b: 22 entitled to reasonable attorney fees and costs from the non-prevailing Landlord or Tenant. 23 /// 24 /// 25 /// 26 /// 27 28 PSA NORTON RECREATION CENTER LEASE AGREEMENT Page 12 of 15 2014-344 1 30.INDEMNIFICATION 2 3 Tenant agrees to and shall indemnify and hold the Landlord, its elected officials, employees, agents o 4 representatives free and harmless from all claims, actions, damages and liabilities of any kind and nature arisin: 5 from bodily injury,including death or property damage,based or asserted upon any actual or alleged act or omissio 6 of Tenant, its employees, agents, concessionaires or subcontractors relating to or in any way connected with thi• 7 Agreement unless the bodily injury or property damage was actually caused by the sole negligence of the Landlord 8 its elected officials, employees, agents or representatives. As part of the foregoing indemnity Tenant agrees is 9 protect and defend at its own expense, including attorneys' fees, the Landlord, its elected officials, employees 10 agents or representatives from any and all legal actions based upon such actual or alleged acts or omissions. Tenan 11 hereby waives any and all rights to any types of express or implied indemnity against the Landlord, its electe. 12 officials, employees, agents or representatives with respect to third party claims against the Tenant relating to or i 13 any way connected with this Agreement. 14 15 31.AMERICANS WITH DISABILITIES ACT 16 17 In the event that as a result of Tenant's use, or intended use, of the Norton Recreation Center the Americans wit 18 Disabilities Act or any similar law requires modifications or the construction of improvement in or to the Norto 19 Recreation Center or Property, the Parties agree that such modifications, construction or improvements shall b; 20 made at Tenant's expense. 21 22 32.COUNTERPARTS 23 24 This Lease may be executed in counterparts, each of which shall be deemed to be an original,but all of which,take 25 together,shall constitute one and the same agreement. 26 27 28 PSA NORTON RECREATION CENTER LEASE AGREEMENT Page 13 of 15 2014-344 1 33.FORCE MAJEURE 2 3 A party shall not be liable for any failure of or delay in the performance of this Lease for the period that such failur= 4 or delay is due to causes beyond its reasonable control, including but not limited to acts of God,war, strikes or labo 5 disputes,embargoes,government orders or any other force majeure event. 6 7 34.INTERPRETATION 8 9 As this agreement was jointly prepared by both parties,the language in all parts of this agreement shall be construed 10 in all cases,according to it fair meaning,and not for or against either party hereto. 11 12 35.SURVIVAL 13 14 The obligations of the parties which, by their nature, continue beyond the term of this lease, will survive the 15 termination of this lease. 16 /// 17 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 28 PSA NORTON RECREATION CENTER LEASE AGREEMENT Page 14 of 15 2014-344 AGREEMENT BETWEEEN PUBLIC SAFETY ACADEMY 2 AND CITY OF SAN BERNARDINO 3 FOR LEASE OF NORTON RECREATION CENTER 4 5 LANDLORD AND TENANT HAVE CAREFULLY READ AND REVIEWED THIS LEASE AND EAC 6 TERM AND PROVISION CONTAINED HEREIN, AND BY THE EXECUTION OF THIS LEASE SHO 7 THEIR INFORMED AND VOLUNTARY CONSENT THERETO. THE PARTIES HEREBY AGRE o 8 THAT, AT THE TIME THIS LEASE IS EXECUTED, THE TERMS OF THIS LEASE AR a 9 COMMERCIALLY REASONABLE AND EFFECTUATE THE INTENT AND PURPOSE OF TH a 10 LANDLORD AND TENANT WITH RESPECT TO THE NORTON RECREATION CENTER AN 11 PROPERTY. 12 13 PUBLIC SAFETY ACADEMY CITY OF SAN BERNARDINO 14 Executed: Executed: 15 At: ,CA At: ,CA 16 On: / /2014 On: / /2014 17 By: By: 18 Its: Allen Parker,City Manager 19 20 Approved as to Form: 21 GARY D. SAENZ,CITY ATTORNEY 22 23 B '.�C._. 24 25 26 27 28 PSA NORTON RECREATION CENTER LEASE AGREEMENT Page 15 of 15 2014-344 1 AGREEMENT BETWEEEN PUBLIC SAFETY ACADEMY 2 AND CITY OF SAN BERNARDINO 3 FOR LEASE OF NORTON RECREATION CENTER 4 5 This Lease Agreement("Lease") is made and effective the 15tlaay of SeptemberZ014 by and between PUBLI 6 SAFETY ACADEMY ("Tenant") and CITY OF SAN BERNARDINO ("Landlord") (collectively the "Parties" 7 individually a"Party"). 8 9 Landlord is the owner of land and improvements commonly known and numbered as that certain portion of 155 10 EAST ART TOWNSEND DRIVE in the CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO 11 STATE OF CALIFORNIA, 92408 with Parcel Number 0136-341-09-0000 (the "Property"). This Lease covers th 12 portion of the Property commonly known as the NORTON RECREATION CENTER. 13 14 THEREFORE,in consideration of the mutual promises contained herein,and other good and valuable consideration 15 it is AGREED: 16 17 1.TERM;TERMINATION 18 19 1.1. Landlord hereby leases the Norton Recreation Center to Tenant, and Tenant hereby leases the same froty 20 Landlord, beginning August 1, 2014 and continuing from month to month until terminated in conformi 21 with Section 1.2. 22 23 1.2. This Lease may be terminated by either party for any reason upon thirty (30) days written notice it 24 conformity with the notice requirements of Section 19. 25 26 27 28 PSA NORTON RECREATION CENTER LEASE AGREEMENT Page 1 of 15 2014-344 1 2.RENTAL 2 3 Tenant shall pay to Landlord during the Initial Term rent, payable in installments of$2,700.00 per month. Each 4 installment payment shall be due on the first day of each calendar month during the lease term. The rental paymen 5 amount for any partial calendar months included in the lease term shall be prorated on a daily basis. 6 7 3.HOURS AND UNAUTHORIZED USE 8 9 3.1. Tenant shall have right to exclusive use of the Norton Recreation Center from 7 a.m.until 5 p.m.daily froni 10 Monday through Friday("Business Hours")during the term of this Lease. Landlord may from time to tim 11 request consent from Tenant that Landlord or another third party have access to Norton Recreation Cente 12 during Business Hours for the purposes of Landlord or third party sponsored activities, such consent not t 13 be unreasonably withheld. During all other times Landlord shall continue to have right to exclusive use o 14 the Norton Recreation Center. Tenant may from time to time request consent from Landlord that Tenan 15 have access to Norton Recreation Center outside Business Hours for Tenant sponsored activities, such 16 consent to be given in the sole discretion of Landlord. 17 18 3.2 Tenant shall not use the Norton Recreation Center for the purposes of storing,manufacturing or selling an 19 explosives, flammables or other inherently dangerous substance, chemical, thing or device. Tenant shall 20 maintain master key control for areas of exclusive Tenant use. Tenant shall provide keys to all areas of th 21 building to Landlord within 48 hours. 22 23 24 /// 25 26 27 28 PSA NORTON RECREATION CENTER LEASE AGREEMENT Page 2 of 15 2014-344 1 4.SUBLEASE AND ASSIGNMENT 2 3 Tenant shall not sublease all or any part of the Norton Recreation Center, or assign this Lease in whole or in parl 4 without Landlord's consent,such consent to be given in Landlord's sole discretion. 5 6 5.REPAIRS; BUILDING MAINTENANCE 7 8 During the Lease term, Landlord shall make, at Landlord's expense, all necessary repairs to the Norton Recreatio 9 Center. Landlord shall professionally maintain the Norton Recreation Center including heating, air conditioning ]0 electrical, plumbing and water systems, if any, and keep glass, interior walls, lighting, windows and doors i 11 operable and safe condition. Landlord shall maintain the roof, foundation, exterior walls, common areas and parkin 12 lots of the Property except as provided below: 13 (1) Tenant shall inspect the Property on a weekly basis and submit reports of any areas of concern to the 14 Landlord immediately. Landlord shall not be liable for repairing any defects for which the Tenant has no 15 notified Landlord in writing. Landlord may, at its discretion, perform inspections of the Property to ensur 16 it is in good condition. Failure of Tenant to conduct weekly inspections or report areas of concern t 17 Landlord may result in default. ]8 (2) Tenant shall be responsible for maintaining the following: 19 a. EXTERIOR 20 i. Ensuring the entire Property remains free of graffiti. 21 ii. Mowing and edging all lawns on the Property. iii. Ensuring the flower and planter beds remain free of weeds. 22 iv. Sweeping and/or blowing sidewalks and parking areas. 23 v. Trimming bushes and tree branches. 24 vi. Cleaning windows. 25 vii. Removing trash and leaves. viii. Making minor irrigation repairs and adjustments. 26 ix. Removing dead/diseased plant materials,trees, shrubs,or other vegetation. 27 28 PSA NORTON RECREATION CENTER LEASE AGREEMENT Page 3 of 15 2014-344 1 (3) Landlord shall be responsible for maintaining the following: 2 a. INTERIOR—Janitorial services/minor repairs,which shall include,but are not limited to: 3 i. Vacuum rugs. 4 ii. Clean and dust,mop floors. 5 iii. Clean restrooms and locker room. iv. Provide janitorial supplies. 6 v. Remove trash. 7 vi. Clean windows and walls. g vii. Repair inside plumbing,replace inside lighting. 9 viii. Repair inside electrical. ix. Servicing of fire extinguishers. 10 x. Clean and maintain ventilating system inside the Norton Recreation Center. 11 xi. Maintenance of burglar/fire systems and the total costs thereof,including the provision o 12 an after-hours contract to the fire/alarm dispatch. (4) Tenant shall be solely responsible for making all repairs and maintenance required as a result of(a)cause 13 over which Tenant has control; (b) acts or omissions of Tenant, or its authorized representatives; (c) direc 14 result of Tenant use. 15 6.ALTERATIONS AND IMPROVEMENTS 16 17 Tenant,at Tenant's expense,shall have the right with Landlord's consent to remodel,redecorate,and make additions 18 improvements and replacements of and to all or any part of the Norton Recreation Center from time to time a 19 Tenant may deem desirable, provided the same are made in a workmanlike manner and utilizing good quali 20 materials. Tenant shall have the right to place and install personal property, fixtures,equipment and other tempora 21 installations in and upon the Norton Recreation Center, and fasten the same to the premises. All personal property 22 equipment, machinery, fixtures and temporary installations, whether acquired by Tenant at the commencement o 23 the Lease term or placed or installed on the Norton Recreation Center by Tenant thereafter, shall remain Tenant' 24 property free and clear of any claim by Landlord. Tenant shall have the right to remove the same at any time during 25 the term of this Lease provided that all damage to the Norton Recreation Center caused by such removal shall b 26 repaired by Tenant at Tenant's expense. 27 28 PSA NORTON RECREATION CENTER LEASE AGREEMENT Page 4 of 15 2014-344 1 7.PROPERTY TAX 2 3 Landlord shall pay,prior to delinquency, all general real estate taxes and installments of special assessments coming 4 due during the Lease term on the Property, and all personal property taxes with respect to Landlord's persona 5 property, if any, on the Property. Tenant shall be responsible for paying all personal property taxes with respect t 6 Tenant's personal property at the Norton Recreation Center. 7 8 8.INSURANCE 9 10 8.1. Tenant is to carry fire and comprehensive general liability insurance to insure Landlord against loss o 11 damage due to fire,theft, vandalism,rain,water, criminal or negligent acts,or any other cause in an amount not les 12 than $1,000,000 per occurrence with an annual aggregate of not less than $2,000,000. Tenant's liability insurance 13 shall name Landlord as an additional insured. Tenant, upon Landlord's request, shall provide Landlord with 14 certificate of insurance establishing Tenant's compliance. Tenant shall ensure that the premiums thereon are full 15 paid on or before the due date. Tenant shall provide ten (10) days advance notice to Landlord if a policy is due t 16 expire or be canceled.The limits of the insurance shall not limit the liability of the Tenant nor relieve Tenant of an 17 obligation hereunder. All insurance by Tenant shall be primary to and not contributory with any similar insuranc 18 carried by Landlord,whose insurance, if any,shall be considered excess insurance only. 19 20 8.2. Tenant has been advised and understands that Landlord is self-insured. 21 22 9.UTILITIES 23 24 Landlord shall pay all charges, including applicable taxes, for water, sewer, gas, electricity, and other services an 25 utilities used by Tenant on the Norton Recreation Center, with the exception of telephone and internet service 26 during the term of this Lease unless otherwise expressly agreed in writing by Landlord. Landlord shall pay suc 27 28 PSA NORTON RECREATION CENTER LEASE AGREEMENT Page 5 of 15 2014-344 1 amounts within fifteen(15) days of invoice. Tenant acknowledges that the Norton Recreation Center is designed t 2 provide standard gymnasium use electrical facilities and standard gymnasium lighting. Tenant shall not use an 3 equipment or devices that utilize excessive electrical energy or which may, in Landlord's reasonable opinion 4 overload the wiring or interfere with electrical services. 5 6 10.SIGNS 7 8 Following Landlord's consent,Tenant shall have the right to place on the Property and in Norton Recreation Center 9 at locations approved by Landlord, any signs which are permitted by applicable zoning ordinances and privat 10 restrictions. Landlord may refuse consent to any proposed signage that is in Landlord's opinion too large, deceptive 11 unattractive or otherwise inconsistent or inappropriate with the nature of the Property. Landlord shall assist an 12 cooperate with Tenant in obtaining any necessary permission from governmental authorities or adjoining owner 13 and occupants for Tenant to place or construct the foregoing signs. Tenant shall repair all damage to the Norto 14 Recreation Center resulting from the removal of signs installed by Tenant. 15 16 11.ENTRY 17 18 Landlord shall have the right to enter upon the Norton Recreation Center at any time to inspect the same, provide( 19 Landlord shall not thereby unreasonably interfere with Tenant's activities in the Norton Recreation Center. 20 21 12.PARKING 22 23 During the term of this Lease, Tenant shall have the non-exclusive use in common with Landlord, other tenants o 24 the Property, their guests and invitees, of the non-reserved common automobile parking areas, driveways, an 25 footways, subject to rules and regulations for the use thereof as prescribed from time to time by Landlord. Landlor 26 27 28 PSA NORTON RECREATION CENTER LEASE AGREEMENT Page 6 of 15 2014-344 1 15.DEFAULT 2 3 If default shall at any time be made by Tenant in the payment of rent when due to Landlord as herein provided, an 4 if said default shall continue for thirty (30) days after written notice thereof shall have been given to Tenant b 5 Landlord, or if default shall be made in any of the other covenants or conditions to be kept, observed and performe 6 by Tenant, and such default shall continue for thirty(30)days after notice thereof in writing to Tenant by Landlor 7 without correction thereof then having been commenced and thereafter diligently prosecuted, Landlord may declar 8 the term of this Lease ended and terminated by giving Tenant written notice of such intention, and if possession o 9 the Norton Recreation Center is not surrendered, Landlord may reenter said premises. Landlord shall have, i 10 addition to the remedy above provided, any other right or remedy available to Landlord on account of any Tenan 11 default,either in law or equity. Landlord shall use reasonable efforts to mitigate its damages. 12 13 16.QUIET POSSESSION 14 15 Landlord covenants and warrants that upon performance by Tenant of its obligations hereunder, Landlord will kee 16 and maintain Tenant in exclusive, quiet, peaceable, undisturbed and uninterrupted possession of the Norto 17 Recreation Center during the term of this Lease. 18 19 17.CONDEMNATION 20 21 If any legally, constituted authority condemns the Building or such part thereof which shall make the Norto 22 Recreation Center unsuitable for leasing, this Lease shall cease when the public authority takes possession, an 23 Landlord and Tenant shall account for rental as of that date. Such termination shall be without prejudice to the right 24 of either Party to recover compensation from the condemning authority for any loss or damage caused by th 25 condemnation.Neither Party shall have any rights in or to any award made to the other by the condemning authority 26 27 28 PSA NORTON RECREATION CENTER LEASE AGREEMENT Page 8 of 15 2014-344 1 18.SUBORDINATION 2 3 Tenant accepts this Lease subject and subordinate to any mortgage, deed of trust or other lien presently existing o 4 hereafter arising upon the Norton Recreation Center, or upon the Property and to any renewals, refinancing an 5 extensions thereof, but Tenant agrees that any such mortgagee shall have the right at any time to subordinate suc 6 mortgage, deed of trust or other lien to this Lease on such terms and subject to such conditions as such mortgage 7 may deem appropriate in its discretion. Landlord is hereby irrevocably vested with full power and authority t 8 subordinate this Lease to any mortgage, deed of trust or other lien now existing or hereafter placed upon the Nortor. 9 Recreation Center or the Property, and Tenant agrees upon demand to execute such further instrument 10 subordinating this Lease. Tenant agrees that it will from time to time upon request by Landlord execute and delive 11 to such persons as Landlord shall request a statement in recordable form certifying that this Lease is unmodified an 12 in full force and effect(or if there have been modifications,that the same is in full force and effect as so modified) 13 stating the dates to which rent and other charges payable under this Lease have been paid, stating that Landlord i 14 not in default hereunder(or if Tenant alleges a default stating the nature of such alleged default)and further statin 15 such other matters as Landlord shall reasonably require. 16 17 19.NOTICE 18 19 Any notice required or permitted under this Lease shall be deemed sufficiently given or served if sent by Unite 20 States certified mail,return receipt requested,addressed as follows: 21 22 IF TO LANDLORD: IF TO TENANT: 23 Mickey Valdivia,Director Richard Lawhead,President 24 201 North"E"Street, Ste. 301 1482 East Enterprise Drive 25 San Bernardino,CA 92401 San Bernardino,CA 92408 26 27 28 PSA NORTON RECREATION CENTER LEASE AGREEMENT Page 9 of 15 2014-344 1 reserves the right to designate parking areas on the Property or in reasonable proximity thereto, for Tenant an 2 Tenant's agents and employees. 3 4 13.PROPERTY RULES 5 6 Tenant will comply with the rules of the property adopted and altered by Landlord from time to time and will caus 7 all of its agents, employees, invitees and visitors to do so; all changes to such rules will be sent by Landlord t 8 Tenant in writing. 9 10 14.DAMAGE AND DESTRUCTION 11 12 If the Norton Recreation Center or any part thereof or any appurtenance thereto is damaged Landlord shall promptl 13 repair such damage at the cost of the Landlord. In making the repairs called for in this paragraph, Landlord shall no 14 be liable for any delays resulting from strikes, governmental restrictions, inability to obtain necessary materials o 15 labor or other matters which are beyond the reasonable control of Landlord. Tenant shall be relieved from paying 16 rent and other charges during any portion of the Lease term that the Norton Recreation Center is inoperable or unfi 17 for occupancy, or use, in whole or in part, for Tenant's purposes. Rentals and other charges paid in advance for an 18 such periods shall be credited on the next ensuing payments, if any, but if no further payments are to be made, an 19 such advance payments shall be refunded to Tenant. The provisions of this paragraph extend not only to the matter 20 aforesaid, but also to any occurrence which is beyond Tenant's reasonable control and which renders the Norto 21 Recreation Center, or any appurtenance thereto, inoperable or unfit for occupancy or use, in whole or in part, fo 22 Tenant's purposes. 23 24 /// 25 /// 26 27 28 PSA NORTON RECREATION CENTER LEASE AGREEMENT Page 7 of 15 2014-344 1 Landlord and Tenant shall each have the right from time to time to change the place notice is to be given under thi 2 paragraph by written notice thereof to the other Party. 3 4 20.BROKERS 5 6 Tenant represents that Tenant was not shown the Norton Recreation Center by any real estate broker or agent an 7 that Tenant has not otherwise engaged in any activity which could form the basis for a claim for real estat 8 commission,brokerage fee, finder's fee or other similar charge,in connection with this Lease. 9 10 21.WAIVER 11 12 No waiver of any default of Landlord or Tenant hereunder shall be implied from any omission to take any action or 13 account of such default if such default persists or is repeated, and no express waiver shall affect any default othe 14 than the default specified in the express waiver and that only for the time and to the extent therein stated. One o 15 more waivers by Landlord or Tenant shall not be construed as a waiver of a subsequent breach of the same covenant 16 term or condition. 17 18 22.HEADINGS 19 20 The headings used in this Lease are for convenience of the Parties only and shall not be considered in interpretin 21 the meaning of any provision of this Lease. 22 23 23.SUCCESSORS 24 25 This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, successor 26 and permitted assigns. 27 28 PSA NORTON RECREATION CENTER LEASE AGREEMENT Page 10 of 15 2014-344 1 24.CONSENT 2 3 Landlord shall not unreasonably withhold or delay its consent with respect to any matter for which Landlord' 4 consent is required or desirable under this Lease. 5 6 25.PERFORMANCE 7 8 If there is a default with respect to any of Landlord's covenants, warranties or representations under this Lease, an 9 if the default continues more than fifteen (15) days after notice in writing from Tenant to Landlord specifying the 10 default, Tenant may, at its option and without affecting any other remedy hereunder, cure such default and deduc 11 the cost thereof from the next accruing installment or installments of rent payable hereunder until Tenant shall hav 12 been fully reimbursed for such expenditures, together with interest thereon at a rate equal to the lessor of twelve 13 percent (12%) per annum or the then highest lawful rate. If this Lease terminates prior to Tenant's receiving ful 14 reimbursement,Landlord shall pay the unreimbursed balance plus accrued interest to Tenant on demand. 15 16 26.COMPLIANCE WITH THE LAW; NON-DISCRIMINATION 17 18 26.1. Tenant shall comply with all laws, orders, ordinances and other public requirements now or hereafte 19 pertaining to Tenant's use of the Norton Recreation Center. Landlord shall comply with all laws, orders, ordinance 20 and other public requirements now or hereafter affecting the Norton Recreation Center. 21 22 26.2. In the performance of this Lease,Tenant shall not engage in,nor permit its officers,employees or agents t 23 engage in, discrimination of persons because of their race, religion, color, national origin, ancestry, age, mental o 24 physical disability,medical condition, marital status, sexual gender or sexual orientation, veteran status or any othe 25 status protected by law. 26 27 28 PSA NORTON RECREATION CENTER LEASE AGREEMENT Page 11 of 15 2014-344 1 27.FINAL AGREEMENT 2 3 This Lease terminates and supersedes all prior understandings or agreements on the subject matter hereof. Thi 4 Lease may be modified only by a further writing that is duly executed by both Parties. This Lease is intended as the 5 final expression of the Parties' agreement, and may not be contradicted by evidence of any prior agreement o 6 contemporaneous oral agreement. Any provision of this Lease that is held to be invalid shall not affect the validit 7 or enforceability of any other provision of this agreement. 8 9 28.GOVERNING LAW AND VENUE 10 11 28.1. This Lease shall be governed, construed and interpreted by, through and under the Laws of the State o 12 California. 13 14 28.2. The Parties hereto agree that all actions or proceedings arising in connection with this Lease shall be tried 15 and litigated either in the State Courts located in the County of San Bernardino, State of California or the U.S 16 District Court for the Central District of California, Riverside Division. The aforementioned choice of venue i 17 intended by the parties to be mandatory and not permissive in nature. 18 19 29.ATTORNEY FEES 20 21 In any action or proceeding arising out of this Lease, the prevailing Party between Landlord and Tenant shall b 22 entitled to reasonable attorney fees and costs from the non-prevailing Landlord or Tenant. 23 /// 24 25 HI 26 HI 27 28 PSA NORTON RECREATION CENTER LEASE AGREEMENT Page 12 of 15 2014-344 1 30.INDEMNIFICATION 2 3 Tenant agrees to and shall indemnify and hold the Landlord, its elected officials, employees, agents o 4 representatives free and harmless from all claims, actions, damages and liabilities of any kind and nature arisin 5 from bodily injury,including death or property damage,based or asserted upon any actual or alleged act or omissio 6 of Tenant, its employees, agents, concessionaires or subcontractors relating to or in any way connected with thi 7 Agreement unless the bodily injury or property damage was actually caused by the sole negligence of the Landlord 8 its elected officials, employees, agents or representatives. As part of the foregoing indemnity Tenant agrees t 9 protect and defend at its own expense, including attorneys' fees, the Landlord, its elected officials, employees 10 agents or representatives from any and all legal actions based upon such actual or alleged acts or omissions. Tenan 11 hereby waives any and all rights to any types of express or implied indemnity against the Landlord, its electe 12 officials, employees, agents or representatives with respect to third party claims against the Tenant relating to or i 13 any way connected with this Agreement. 14 15 31.AMERICANS WITH DISABILITIES ACT 16 17 In the event that as a result of Tenant's use, or intended use, of the Norton Recreation Center the Americans wit 18 Disabilities Act or any similar law requires modifications or the construction of improvement in or to the Norto 19 Recreation Center or Property, the Parties agree that such modifications, construction or improvements shall b 20 made at Tenant's expense. 21 22 32.COUNTERPARTS 23 24 This Lease may be executed in counterparts, each of which shall be deemed to be an original,but all of which,take 25 together,shall constitute one and the same agreement. 26 27 28 PSA NORTON RECREATION CENTER LEASE AGREEMENT Page 13 of 15 2014-344 1 33.FORCE MAJEURE 2 3 A party shall not be liable for any failure of or delay in the performance of this Lease for the period that such failur 4 or delay is due to causes beyond its reasonable control,including but not limited to acts of God,war,strikes or labo 5 disputes,embargoes,government orders or any other force majeure event. 6 7 34.INTERPRETATION 8 9 As this agreement was jointly prepared by both parties,the language in all parts of this agreement shall be construe 10 in all cases,according to it fair meaning,and not for or against either party hereto. 11 12 35.SURVIVAL 13 14 The obligations of the parties which, by their nature, continue beyond the term of this lease, will survive th 15 termination of this lease. 16 /// 17 /// 18 19 /// 20 /// 21 22 /// 23 /// 24 /// 25 /// 26 27 28 PSA NORTON RECREATION CENTER LEASE AGREEMENT Page 14 of 15 2014-344 1 AGREEMENT BETWEEEN PUBLIC SAFETY ACADEMY 2 AND CITY OF SAN BERNARDINO 3 FOR LEASE OF NORTON RECREATION CENTER 4 5 LANDLORD AND TENANT HAVE CAREFULLY READ AND REVIEWED THIS LEASE AND EAC 6 TERM AND PROVISION CONTAINED HEREIN, AND BY THE EXECUTION OF THIS LEASE SHO 7 THEIR INFORMED AND VOLUNTARY CONSENT THERETO. THE PARTIES HEREBY AGRE 8 THAT, AT THE TIME THIS LEASE IS EXECUTED, THE TERMS OF THIS LEASE ARE 9 COMMERCIALLY REASONABLE AND EFFECTUATE THE INTENT AND PURPOSE OF TH 10 LANDLORD AND TENANT WITH RESPECT TO THE NORTON RECREATION CENTER AN 11 PROPERTY. 12 13 PUBLIC SAFETY ACADEMY CITY OF SAN BERNARDINO 14 Executed: Executed: 15 .�! fl�CA CA At: 16 On:G / /2014 On: -12014 17 By: By' 18 Allen Parker, Manager 19 20 Approved as to Form: 21 GARY D. SAENZ,CITY ATTORNEY 22 23 B . 24 25 26 27 28 PSA NORTON RECREATION CENTER LEASE AGREEMENT Page 15 of 15