HomeMy WebLinkAbout05.H- Parks, Recreation & community Services 5.H
RESOLUTION (ID # 3415) DOC ID: 3415 B
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Agreement/Contract
From: Mickey Valdivia M/CC Meeting Date: 08/18/2014
Prepared by: Demetra Moore, (909) 384-5233
Dept: Parks, Recreation& Community Ward(s): 1
Services
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the
City Manager to Execute an Agreement Between the City of San Bernardino and YouthPower
Community Solutions for Shared Use of the Facilities at the Norton Galaxy Building,
Gymnasium and Norton Annex Located at 1494 and 1554 East Art Townsend Drive for Two
Years Commencing on August 18, 2014 through June 30, 2016. (#3415)
Current Business Registration Certificate: Not Applicable
Financial Impact:
Account Budgeted Amount: Monthly lease agreement in the amount of$4,800; Total annual
payment of$57,600.
Account No. 001-380-0000-4520
Account Description: Land and Building Rental/Lease - Revenue: Parks, Recreation&
Community Services Department
Balance as of July, 2014: $0.00
Balance after approval of this item:The Parks, Recreation and Community Services Department
is requesting Council approval of a lease agreement between the City and YouthBuild. Monthly
lease payments in the amount of$4,800 will be deposited into the Parks, Recreation and
Community Services revenue account(as specified).
Please note this balance does not indicate available funding. It does not include non-encumbered
reoccurring expenses or expenses incurred,but not yet processed.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
No prior action taken
Background:
Council approval is required regarding a lease agreement between the City and YouthPower
Community Solutions, (dba YouthBuild USA) for use of the Norton Galaxy building,Norton
annex and Norton gymnasium (hereinafter"Norton Facility"). The Norton Facility is under the
care of the Parks, Recreation and Community Services Department(hereinafter "Parks
Department"). Upon approval of the lease agreement,the Parks Department will act as an
Administrator of the lease agreement. As an Administrator, the Parks Department will monitor
compliance as specified within the agreement.
Updated: 8/12/2014 by Demetra Moore B Packet Pg. 102
3415
In 2010,YouthBuild USA became an established 501 (c) 3 non-profit organization serving
under-privileged youth throughout Los Angeles, San Diego, and San Bernardino County.
YouthBuild offers youth(between the ages of 16-24) the opportunity to earn a high school
diploma through the YouthBuild Charter School of California. YouthBuild operates under the
mission statement which is "...to provide the necessary tools to educate,train and employ the
underprivileged youth and young adults." YouthBuild will utilize the Norton Facility as a charter
school offering students a full-time high school experience. The Norton Facility will be used for
classroom use, physical activities and various academic electives.
YouthBuild provides an academic core curriculum in compliance with State of California
educational code and regulations. YouthBuild is an organization that cultivates its students
through vocational training,business entrepreneurship and post-secondary education. In addition,
YouthBuild provides elective courses which prepares students for employment opportunities.
YouthBuild provides elective courses such as: construction training, green jobs training, video
and media courses, entrepreneurship program, culinary arts, nursing program, etc.
The proposed lease agreement term is for two years with the option of four 1-year renewals-
contingent upon mutual agreement by the City and YouthBuild (hereinafter "Parties"). The
agreement is mutually beneficial for both parties for the following reasons: availability of
services for constituents, revenue enhancements for the City and increased contribution to the
City's quality of life impact. Both Parties mutually agree upon a monthly rental fee in the amount
of$4,800. The agreement has no impact to the general fund.
City Attorney Review:
This Item Has Been Reviewed and Approved as to Form by the City Attorney's Office. JEG
Supporting Documents:
Resolution - YouthBuild Agreement (DOCX)
agrmt 3415 (PDF)
Norton Galaxy Ballroom and Norton Gym (PDF)
Finance: Please Advise (TXT)
Updated: 8/12/2014 by Demetra Moore B Packet Pg. 103
S.H.a
I RESOLUTION NO.
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2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SA
3 BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND YOUTHPOWEIR
4 COMMUNITY SOLUTIONS FOR SHARED USE OF THE FACILITIES AT THE0°
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NORTON GALAXY BUILDING, GYMNASIUM AND NORTON ANNEX LOCATED A
5 1494 AND 1554 EAST ART TOWNSEND DRIVE FOR TWO YEARS COMMENCING o
6 ON AUGUST 18, 2014 THROUGH JUNE 30, 2016.
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7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CIT
OF SAN BERNARDINO AS FOLLOWS:
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9 SECTION 1. That the City Manager is hereby authorized to execute an agreement
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10 between the City of San Bernardino and YouthPower Community Solutions for shared use of
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I l the Norton Galaxy building, gymnasium and annex located at 1494 and 1554 East Art Townsend m
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Drive, San Bernardino, CA 92408, a copy of which is attached hereto, marked Exhibit"A" and E
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incorporated herein by references as fully as though set forth at length; and Q
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15 SECTION 2. That the authorization granted hereunder shall expire and be void and of
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16 no further effect if the agreement is not executed by both parties and returned to the office of the
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17 City Clerk within sixty(60) days following the effective date of the resolution. y
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Packet Pg. 104
5.H.a
I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SA
BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE AN
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2 AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND YOUTHPOWER S
3 COMMUNITY SOLUTIONS FOR SHARED USE OF THE FACILITIES AT THE
NORTON GALAXY BUILDING, GYMNASIUM AND NORTON ANNEX LOCATED A
4 1494 AND 1554 EAST ART TOWNSEND DRIVE FOR TWO YEARS COMMENCING m
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5 ON AUGUST 18, 2014 THROUGH JUNE 30, 2016.
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7 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor an
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8 Common Council of the City of San Bernardino at a meeting, thereof, held on the
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9 day of 2014, by the following vote to wit:
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11 Council Members: AYES NAYS ABSTAIN ABSENT 3
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12 MARQUEZ
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BARRIOS
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VALDIVIA
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16 SHORETT r
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17 NICKEL
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18 JOHNSON
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MULVIHILL E
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Georgeann Hanna, City Clerk m
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23 The foregoing resolution is hereby approved this day of , 2014. >0-
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25 R. CAREY DAVIS, Mayor
26 City of San Bernardino
Approved as to form: 0
27 GARY D. SAENZ, City Attorney
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By:
Packet Pg. 105
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AGREEMENT BETWEEEN YOUTHPOWER COMMUNITY SOLUTIONS
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AND CITY OF SAN BERNARDINO
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FOR LEASE OF NORTON GALAXY COMMUNITY CENTER
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This Lease Agreement ("Lease") is made and effective August , 2014 by and between YOUTHPOWER
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COMMUNITY SOLUTIONS ("Tenant") and CITY OF SAN BERNARDINO ("Landlord") (collectively the
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"Parties";individually a"Party") L
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Landlord is the owner of land and improvements commonly known and numbered as that certain portion of 1494 0
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EAST ART TOWNSEND DRIVE in the CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO,
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STATE OF CALIFORNIA, 92408 (the "Property"). This Lease covers the following portions of the Property $
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commonly known as the NORTON GALAXY COMMUNITY CENTER ("Galaxy Building") consisting of thosc to
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areas defined in Section 3 Use. 0
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"THEREFORE,in consideration of the mutual promises contained herein,and other good and valuable consideration p°'p
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it is AGREED: E
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1.TERM;TERMINATION �n
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1.1. Landlord hereby leases the Galaxy Building to Tenant, and Tenant hereby leases the same from Landlord M
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for an "Initial Term" beginning August 2014 and ending June 30, 2016. Landlord shall use its best efforts tc a)
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give Tenant possession as nearly as possible at the beginning of the Lease term. If Landlord is unable to timel
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provide the Galaxy Building,rent shall abate for the period of delay.
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1.2. This Lease may be terminated by either party for any reason upon thirty (30) days written notice i
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conformity with the notice requirements of Section 19.
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28 YOUTHPOWER GALAXY BUILDING LEASE AGREEMENT Page 1 of 16
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2.RENTAL
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Tenant shall pay to Landlord during the Initial Term rent, payable in installments of$4,800.00 per month. Eac
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installment payment shall be due on the first day of each calendar month during the lease term. The rental paymen
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amount for any partial calendar months included in the lease term shall be prorated on a daily basis. M
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3.USE
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(1) Tenant shall have exclusive use of the following areas of the Galaxy Building. O
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a. Entire Second Floor 7,007 sq. ft. .a
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b. Stairs 149 sq. ft. -a
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c. Emergency Exit 112 sq.ft. m
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d. Outside Kitchen Area 536 sq.ft. }
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e. First Floor Storage Room 170 sq.ft. 3
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f. First Floor Classroom 1,144 sq. ft. m
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g. First Floor Classroom 770 sq.ft.
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17 h. First Floor Classroom 805 sq.ft. `D
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Total 10,954 sq. ft. �n
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(2) The Landlord will have exclusive use of the following areas of the first floor of the Galaxy Building: _
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a. Kitchen 408 sq. ft.
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b. Kitchen Storage 173 sq. ft. Q
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Total 581 sq. ft.
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28 YOUTHPOWER GALAXY BUILDING LEASE AGREEMENT Page 2 of 16
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(3) Landlord and Tenant shall have joint use of all other areas of the Galaxy Building("Common Areas").
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(4) Landlord shall have exclusive use and control over the use of the Galaxy Ballroom, with the following
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exception:
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a. Tenant may have use of the westernmost third of the Ballroom as a classroom Monday through
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Friday during the hours of 7:00 AM to 2:00 PM. The classroom shall be portable so as not t `a
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interfere with Landlord's use at other times. Tenant shall repair and maintain the folding partitio y
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door that separates the westernmost third of the Galaxy Ballroom from the remainder of th
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Galaxy Ballroom. Landlord's usage may include weddings, receptions, business meetings and 0+
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other uses by third parties. Whichever party has use of the area shall leave it clean and in it
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original condition prior to the other party's use thereof. -�
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(5) Tenant shall have exclusive use of the Pool and Shower facilities directly north of the Galaxy Building fo >-
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future classroom use as may be required by Tenant to accommodate growth in student enrollment. 3
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(6) Tenant shall be responsible for repairing, maintaining and replacing any damaged or missing items fro m
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the weight room and fitness room. E
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(7) Tenant may, at its own option and expense place modular units to serve as classroom space in the vacant to rn
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between the Galaxy Building and Racquetball Courts. Any and all permit acquisition and installation ol LO
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utilities are the sole responsibility of Tenant. Upon termination of this Agreement,Tenant shall remove said
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modules at its own expense and leave property in same condition as it was the time the modules wer
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placed there. E
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(S) Landlord shall maintain the right to facilitate and manage all rentals of the Galaxy Ballroom.
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Tenant shall not use the Galaxy Building for the purposes of storing, manufacturing or selling any explosives Q
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flammables or other inherently dangerous substance, chemical, thing or device. Tenant shall maintain master ke
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28 YOUTHPOWER GALAXY BUILDING LEASE AGREEMENT Page 3 of 16
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control for areas of exclusive Tenant use.Tenant shall provide keys to all areas of the building to Landlord within 4
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hours.
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4.SUBLEASE AND ASSIGNMENT
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Tenant shall not sublease all or any part of the Galaxy Building, or assign this Lease in whole or in part withou
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Landlord's consent,such consent not to be unreasonably withheld or delayed. 4)
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_5.REPAIRS; BUILDING MAINTENANCE a
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During the Lease term, Landlord shall make, at Landlord's expense, all necessary repairs to the Galaxy Building -a
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Landlord shall professionally maintain the Galaxy Building including heating, air conditioning, electrical,plumbinh m
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and water systems,if any,and keep glass, interior walls, lighting,windows and doors in operable and safe condition �0-
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al` Landlord shall maintain the roof, foundation, exterior walls, common areas and parking lots of the Property excep a)
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as provided below: m
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(1) Tenant shall inspect the Property on a weekly basis and submit reports of any areas of concern to the E
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Landlord immediately. Landlord shall not be liable for repairing any defects for which the Tenant has noa�
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notified Landlord in writing. Landlord may, at its discretion, perform inspections of the Property to ensurc LO
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it is in good condition. Failure of Tenant to conduct weekly inspections or report areas of concern t
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Landlord may result in default. M
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(2) Tenant shall be responsible for maintaining the following:
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a. EXTERIOR =
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i. Ensuring the entire Property remains free of graffiti.
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ii. Mowing and edging all lawns on the Property. Q
25 iii. Ensuring the flower and planter beds remain free of weeds.
26 iv. Sweeping and/or blowing sidewalks and parking areas.
27 v. Trimming bushes and tree branches.
tir 28 YOUTHPOWER GALAXY BUILDING LEASE AGREEMENT Page 4 of 16
Packet Pg. 109
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vi. Cleaning windows.
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vii. Removing trash and leaves.
3 viii. Making minor irrigation repairs and adjustments.
4 ix. Removing dead/diseased plan materials,trees,shrubs,or other vegetation.
5 ! b. INTERIOR--Janitorial services/minor repairs,which shall include,but are not limited to:
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7 ii. Clean and dust,mop floors. F
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8 ! iii. Clean restrooms and locker room. m
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iv. Provide janitorial supplies.
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v. Remove trash.
10 vi. Clean windows and walls. tU
11 vii. Repair inside plumbing,replace inside lighting.
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12 viii. Repair inside electrical.
ix. Servicing of fire extinguishers. m
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x. Clean and maintain ventilating system inside the Galaxy Building.
14 xi. Maintenance of burglar/fire systems and the total costs thereof, including the provision of
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15 an after-hours contract to the fire/alarm dispatch. 3
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Tenant shall supply a custodian to maintain all of these items for the Galaxy Building E
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17 Tenant shall provide the Landlord with a monthly custodial schedule in writing by the V L
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18 working day of each month for said month. Failure of Tenant to perform routine custodia Q
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19 services as noted above within a 30-day cure date following notice by Landlord, may
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result in default. All areas of the Property, including areas under exclusive use b
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Landlord, shall be maintained by Tenant in the same condition as upon commencemen M
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(3) Tenant shall be solely responsible for making all repairs and maintenance required as a result of(a)cause
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over which Tenant has control; (b) acts or omissions of Tenant, or its authorized representatives; (c) diree
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result of Tenant use. Q
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28 YOUTHPOWER GALAXY BUILDING LEASE AGREEMENT Page 5 of 16
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2 ' 6.ALTERATIONS AND IMPROVEMENTS
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4 Tenant,at Tenant's expense,small have the right with Landlord's consent to remodel, redecorate,and make additions
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6 deem desirable, provided the same are made in a workmanlike manner and utilizing good quality materials. Tenan
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shall have the right to place and install personal property, fixtures, equipment and other temporary installations i
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and upon the Galaxy Building, and fasten the same to the premises. All personal property, equipment, machinery, C
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fixtures and temporary installations, whether acquired by Tenant at the commencement of the Lease term or placed 0
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10 or installed on the Galaxy Building by Tenant thereafter, shall remain Tenant's property free and clear of any claimU
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by Landlord. Tenant shall have the right to remove the same at any time during the term of this Lease provided tha
12 all damage to the Galaxy Building caused by such removal shall be repaired by Tenant at Tenant's expense. m
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14 7 PROPERTY TAX
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16 Landlord shall pay, prior to delinquency,all general real estate taxes and installments of special assessments comin E
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due during the Lease term on the Property, and all personal property taxes with respect to Landlord's persona
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property, if any, on the Property. Tenant shall be responsible for paying all personal property taxes with respect t
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21 8.INSURANCE E
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8.1. Tenant is to carry fire and comprehensive general liability insurance to insure Landlord against loss 01 =
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25 than $1,000,000 per occurrence with an annual aggregate of not less than $2,000,000. Tenant's liability insurance
26 shall name Landlord as an additional insured. Tenant, upon Landlord's request, shall provide Landlord with
27 certificate of insurance establishing Tenant's compliance. Tenant shall ensure that the premiums thereon are full
28 YOUTHPOWER GALAXY BUILDING LEASE AGREEMENT Page 6 of 16
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;paid on or before the due date. Tenant shall provide ten (10) days advance notice to Landlord if a policy is due t
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expire or be canceled.The limits of the insurance shall not limit the liability of the Tenant nor relieve Tenant of an
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obligation hereunder. All insurance by Tenant shall be primary to and not contributory with any similar insurance
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carried by Landlord,whose insurance,if any,shall be considered excess insurance only.
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8.2. Tenant has been advised and understands that Landlord is self-insured.
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9. UTILITIES to
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Landlord shall pay all charges, including applicable taxes, for water, sewer, gas, electricity, and other services an U
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utilities used by Tenant on the Galaxy Building, with the exception of telephone and internet service, during the
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term of this Lease unless otherwise expressly agreed in writing by Landlord. Landlord shall pay such amount m
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within fifteen (15) days of invoice. Tenant acknowledges that the Galaxy Building is designed to provide standar 0
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ofce use electrical facilities and standard office lighting. Tenant shall not use any equipment or devices that utilize
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excessive electrical energy or which may, in Landlord's reasonable opinion, overload the wiring or interfere wit op
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electrical services. E
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10. SIGNS LO
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Following Landlord's consent, Tenant shall have the right to place on the Property and in Galaxy Building, a M
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locations approved by Landlord, any signs which are permitted by applicable zoning ordinances and private E
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restrictions. Landlord may refuse consent to any proposed signage that is in Landlord's opinion too large,deceptive =
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unattractive or otherwise inconsistent or inappropriate with the nature of the Property. Landlord shall assist an
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cooperate with Tenant in obtaining any necessary permission from governmental authorities or adjoining owner Q
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and occupants for Tenant to place or construct the foregoing signs. Tenant shall repair all damage to the Galax
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Building resulting from the removal of signs installed by Tenant.
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28 YOUTHPOWER GALAXY BUILDING LEASE AGREEMENT Page 7 of 16
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11.ENTRY
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Landlord shall have the right to enter upon the Galaxy Building at any time to inspect the same,provided Landlor
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shall not thereby unreasonably interfere with Tenant's activities in the Galaxy Building.
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1.2.PARKING `a
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During the term of this Lease, Tenant shall have the non-exclusive use in common with Landlord, other tenants o
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the Property, their guests and invitees, of the non-reserved common automobile parking areas, driveways, anc 0
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footways, subject to rules and regulations for the use thereof as prescribed from time to time by Landlord. Landlor "0
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reserves the right to designate parking areas on the Property or in reasonable proximity thereto, for Tenant an zs
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Tenant's agents and employees. m
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1.3. PROPERTY RULES
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Tenant will comply with the rules of the property adopted and altered by Landlord from time to time and will cans E
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all of its agents, employees, invitees and visitors to do so; all changes to such rules will be sent by Landlord t
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Tenant in writing. ►n
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14.DAMAGE AND DESTRUCTION
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If the Galaxy Building or any part thereof or any appurtenance thereto is damaged Landlord shall promptly repai
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such damage at the cost of the Landlord. In making the repairs called for in this paragraph, Landlord shall not b
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liable for any delays resulting from strikes,governmental restrictions, inability to obtain necessary materials or labol Q
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or other matters which are beyond the reasonable control of Landlord.Tenant shall be relieved from paying rent an
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other charges during any portion of the Lease term that the Galaxy Building is inoperable or unfit for occupancy,o
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use, in whole or in part, for Tenant's purposes. Rentals and other charges paid in advance for any such periods shat
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be credited on the next ensuing payments, if any, but if no further payments are to be made, any such advanc
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payments shall be refunded to Tenant.The provisions of this paragraph extend not only to the matters aforesaid, bu
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also to any occurrence which is beyond Tenant's reasonable control and which renders the Galaxy Building, or an
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appurtenance thereto, inoperable or unfit for occupancy or use, in whole or in part, for Tenant's purposes.
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15,DEFAULT L
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If default shall at any time be made by Tenant in the payment of rent when due to Landlord as herein provided, an O
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if said default shall continue for thirty (30) days after written notice thereof shall have been given to Tenant b v
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Landlord, or if default shall be made in any of the other covenants or conditions to be kept,observed and performe
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by Tenant, and such default shall continue for thirty (30)days after notice thereof in writing to Tenant by Landlorc m
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without correction thereof then having been commenced and thereafter diligently prosecuted, Landlord may declarc °
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the term of this Lease ended and terminated by giving Tenant written notice of such intention, and if possession ol 3
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the Galaxy Building is not surrendered, Landlord may reenter said premises. Landlord shall have, in addition to the
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remedy above provided, any other right or remedy available to Landlord on account of any Tenant default, either ir a)
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law or equity. Landlord shall use reasonable efforts to mitigate its damages.
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16. QUIET POSSESSION
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Landlord covenants and warrants that upon performance by Tenant of its obligations hereunder,Landlord will keeT E
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and maintain Tenant in exclusive,quiet, peaceable, undisturbed and uninterrupted possession of the Galaxy Buildin
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during the term of this Lease.
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17. CONDEMNATION
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If any legally, constituted authority condemns the Building or such part thereof which shall make the Galax
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Building unsuitable for leasing, this Lease shall cease when the public authority takes possession, and Landlord an
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Tenant shall account for rental as of that date. Such termination shall be without prejudice to the rights of eithe
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Party to recover compensation from the condemning authority for any loss or damage caused by the condemnation °a
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Neither Party shall have any rights in or to any award made to the other by the condemning authority. a),
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18. SUBORDINATION
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Tenant accepts this Lease subject and subordinate to any mortgage, deed of trust or other lien presently existing o a
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hereafter arising upon the Galaxy Building, or upon the Property and to any renewals, refinancing and extension.,m
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thereof, but Tenant agrees that any such mortgagee shall have the right at any time to subordinate such mortgage r
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deed of trust or other lien to this Lease on such terms and subject to such conditions as such mortgagee may deem 3
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appropriate in its discretion. Landlord is hereby irrevocably vested with full power and authority to subordinate this
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Lease to any mortgage, deed of trust or other lien now existing or hereafter placed upon the Galaxy Building or the as
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Property, and Tenant agrees upon demand to execute such further instruments subordinating this Lease. TeDani rn
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agrees that it will from time to time upon request by Landlord execute and deliver to such persons as Landlord shat Un
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request a statement in recordable form certifying that this Lease is unmodified and in full force and effect(or if ther
to
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have been modifications, that the same is in full force and effect as so modified), stating the dates to which rent an M
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other charges payable under this Lease have been paid,stating that Landlord is not in default hereunder(or if Tenan a`�
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alleges a default stating the nature of such alleged default) and further stating such other matters as Landlord shal
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reasonably require.
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19.NOTICE
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Any notice required or permitted under this Lease shall be deemed sufficiently given or served if sent by Unite
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States certified mail,return receipt requested, addressed as follows:
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IF TO LANDLORD: IF TO TENANT: a
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Mickey Valdivia,Director Leilani Palmer, Executive Director c m
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201 North"E"Street, Ste. 301 606 E.Mill Street M
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San Bernardino,CA 92401 San Bernardino, CA 92408 0
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Landlord and Tenant shall each have the right from time to time to change the place notice is to be given under thi
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paragraph by written notice thereof to the other Party. m
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20.BROKERS
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Tenant represents that Tenant was not shown the Galaxy Building by any real estate broker or agent and that Tenan m
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has not otherwise engaged in any activity which could form the basis for a claim for real estate commission
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brokerage fee,finder's fee or other similar charge, in connection with this Lease. ,n
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No waiver of any default of Landlord or Tenant hereunder shall be implied from any omission to take any action or
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account of such default if such default persists or is repeated, and no express waiver shall affect any default other
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than the default specified in the express waiver and that only for the time and to the extent therein stated. One oi Q
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more waivers by Landlord or Tenant shall not be construed as a waiver of a subsequent breach of the same covenant
26
term or condition.
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28 YOUTHPOWER GALAXY BUILDING LEASE AGREEMENT Page 11 of 16
Packet Pg.116
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22.HEADINGS
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The headings used in this Lease are for convenience of the Parties only and shall not be considered in interpretin
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the meaning of any provision of this Lease.
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23.SUCCESSORS
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This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, successor
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and permitted assigns. O
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24.CONSENT a
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Landlord shall not unreasonably withhold or delay its consent with respect to any matter for which Landlord' �0.-
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consent is required or desirable under this Lease. 3
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25.PERFORMANCE
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If there is a default with respect to any of Landlord's covenants, warranties or representations under this Lease, an Un
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if the default continues more than fifteen (15) days after notice in writing from Tenant to Landlord specifying the
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default, Tenant may, at its option and without affecting any other remedy hereunder, cure such default and deduc Cl)
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the cost thereof from the next accruing installment or installments of rent payable hereunder until Tenant shall hav `0
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been fully reimbursed for such expenditures, together with interest thereon at a rate equal to the lessor of twely c
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percent (12%) per annum or the then highest lawful rate. If this Lease terminates prior to Tenant's receiving full
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reimbursement,Landlord shall pay the unreimbursed balance plus accrued interest to Tenant on demand. Q
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28 YOUTHPOWER GALAXY BUILDING LEASE AGREEMENT Page 12 of 16
Packet Pg. 117
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26.COMPLIANCE WITH THE LAW;NON-DISCRIMINATION
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26.1. Tenant shall comply with all laws, orders, ordinances and other public requirements now or hereafte
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pertaining to Tenant's use of the Galaxy Building. Landlord shall comply with all laws, orders, ordinances and othe
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public requirements now or hereafter affecting the Galaxy Building.
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26.2. In the performance of this Lease,Tenant shall not engage in, nor permit its officers,employees or agents t m
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engage in, discrimination of persons because of their race, religion, color, national origin, ancestry, age, mental o
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physical disability, medical condition, marital status, sexual gender or sexual orientation, veteran status or any othei 0,
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status protected by law. L)
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27.FINAL AGREEMENT m
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This Lease terminates and supersedes all prior understandings or agreements on the subject matter hereof. Thi d
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Lease may be modified only by a further writing that is duly executed by both Parties. This Lease is intended as them
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final expression of the Parties' agreement, and may not be contradicted by evidence of any prior agreement ot E
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contemporaneous oral agreement. Any provision of this Lease that is held to be invalid shall not affect the validit Q
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or enforceability of any other provision of this agreement. u)
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28. GOVERNING LAW AND VENUE
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28.1. This Lease shall be governed, construed and interpreted by, through and under the Laws of the State o c
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California.
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28.2. The Parties hereto agree that all actions or proceedings arising in connection with this Lease shall be tried
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and litigated either in the State Courts located in the County of San Bernardino, State of California or the U.S
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28 YOUTHPOWER GALAXY BUILDING LEASE AGREEMENT Page 13 of 16
PacketPg. 118
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District Court for the Central District of California, Riverside Division. The aforementioned choice of venue i
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intended by the parties to be mandatory and not permissive in nature.
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29.ATTORNEY FEES
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In any action or proceeding arising out of this Lease, the prevailing Party between Landlord and Tenant shall b
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entitled to reasonable attorney fees and costs from the non-prevailing Landlord or Tenant. m
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34.INDEMNIFICATION
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Tenant agrees to and shall indemnify and hold the Landlord, its elected officials, employees, agents oi M
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representatives free and harmless from all claims, actions, damages and liabilities of any kind and nature arisingm
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from bodily injury, including death or property damage,based or asserted upon any actual or alleged act or omissior >°-
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of Tenant, its employees, agents, concessionaires or subcontractors relating to or in any way connected with thi
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Agreement unless the bodily injury or property damage was actually caused by the sole negligence of the Landlord m
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its elected officials, employees, agents or representatives. As part of the foregoing indemnity Tenant agrees tc E
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protect and defend at its own expense, including attorneys' fees, the Landlord, its elected officials, employees Q
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agents or representatives from any and all legal actions based upon such actual or alleged acts or omissions. Tenani LO
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hereby waives any and all rights to any types of express or implied indemnity against the Landlord, its electe
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officials, employees, agents or representatives with respect to third party claims against the Tenant relating to or i car,
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any way connected with this Agreement. `aa
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28 YOUTHPOWER GALAXY BUILDING LEASE AGREEMENT Page 14 of 16
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31.AMERICANS WITH DISABILITIES ACT
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In the event that as a result of Tenant's use, or intended use, of the Galaxy Building the Americans with Disabilitie
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Act or any similar law requires modifications or the construction of improvement in or to the Galaxy Building o
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Property,the Parties agree that such modifications, construction or improvements shall be made at Tenant's expens .
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32.COUNTERPARTS
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This Lease may be executed in counterparts, each of which shall be deemed to be an original, but all of which,taker °
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33. FORCE MAJEURE m
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A party shall not be liable for any failure of or delay in the performance of this Lease for the period that such faihu ai
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or delay is due to causes beyond its reasonable control, including but not limited to acts of God,war,strikes or laboi 00
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disputes,embargoes, government orders or any other force majeure event.
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34.INTERPRETATION LO
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As this agreement was jointly prepared by both parties,the language in all parts of this agreement shall be construed M
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in all cases, according to it fair meaning,and not for or against either party hereto. E
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35. SURVIVAL
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The obligations of the parties which, by their nature, continue beyond the term of this lease, will survive th
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termination of this lease.
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28 YOUTHPOWER GALAXY BUILDING LEASE AGREEMENT Page 15 of 16
Packet'Pg. 120
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AGREEMENT BETWEEEN YOUTHPOWER COMMUNITY SOLUTIONS
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AND CITY OF SAN BERNARDINO
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FOR LEASE OF NORTON GALAXY COMMUNITY CENTER
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LANDLORD AND TENANT HAVE CAREFULLY READ AND REVIEWED THIS LEASE AND EACH
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TERM AND PROVISION CONTAINED HEREIN, AND BY THE EXECUTION OF THIS LEASE SHO w a
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THEIR INFORMED AND VOLUNTARY CONSENT THERETO. THE PARTIES HEREBY AGREE
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THAT, AT THE TIME THIS LEASE IS EXECUTED, THE TERMS OF THIS LEASE ARE
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COMMERCIALLY REASONABLE AND EFFECTUATE THE INTENT AND PURPOSE OF THE O
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LANDLORD AND TENANT WITH RESPECT TO THE GALAXY BUILDING AND PROPERTY. U
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YOUTHPOWER COMMUNITY SOLUTIONS CITY OF SAN BERNARDINO m
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Executed: Executed: °
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At: CA At: CA 3
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On: ! /2014 On: / /2014 00
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By: By:
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Its: Allen Parker,City Manager
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Approved as to Form:
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GARY D. SAENZ,CITY ATTORNEY
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28 YOUTHPOWER GALAXY BUILDING LEASE AGREEMENT Page 16 of 16
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