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Home My WebLink About26-Parks & Recreation _I~_GC._. , ORIGINAL . CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Date: March 31, 2005 Subject: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR OR HER DESIGNEE TO EXECUTE AMENDMENT NO. 1 TO THE CONTRACTUAL AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE COUNTY OF SAN BERNARDINO FOR SHARED USE OF THE RECREATION FACILITIES AT THE FORMER NORTON AIR FORCE BASE FOR THE PERIOD OF JULY 1, 2005 THROUGH JUNE 30, 2006. From: Lemuel P. Randolph, Director Dept: Parks, Recreation & Community Services Department MICC Meeting Date: May 16, 2005 Synopsis of Previous Council Action: June 7, 2005: Mayor and Common Council approved Resolution No. 2004-148 with the County of San Bernardino for a similar contract for the period July 1, 2004 through June 30, 2005. Recommended Motion: Adopt Resolution. ~.l/.J- Signature Contact person: Mitch Assumma Phone: 384-5132 Supporting data attached: Staff Reoort R~so & Agreement Ward: FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) (Acct. Description) Finance: Council Notes: ~. ,;? {){)S--II q Agenda Item No. ~fI 5j/(,/OS- r~iIllf(f~~"" , . " CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION StaHReport Subject: Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor or her designee to execute Amendment No. I to the Contractual Agreement between the City of San Bernardino and the County of San Bernardino for shared use of the recreation facilities at the former Norton Air Force Base for the period of July 1, 2005 through June 30, 2006. Background: The Mayor and Common Council approved a Contractual Agreement (attached) between the City of San Bernardino and the County of San Bernardino for the period July 1, 2004 through June 30, 2005. The agreement also provided for a one-year option to renew upon written consent of both parties. The County has requested a one-year renewal to this agreement. Terms of this agreement include exclusive use of the second floor, three first floor classrooms, two storage rooms and an office area, totaling 10,590 square feet, Monday through Friday from 6 a.m. to 8 p.m. In addition the agreement allows limited use of the gym, lobby, restrooms, and foyer area, totaling 10,639 square feet of the Norton Recreation Center, Monday through Friday from 1 p.m. to 3 p.m. The County agrees that it will, upon any termination of this agreement, return the premises in as good condition and repair as the premises now are; reasonable wear and tear excepted. City shall pay all real property taxes, and general and special assessments levied and assessed against the premises. The City will retain control of the use of the Galaxy Ballroom. During the past year full time staff have increased marketing efforts in filling more rental dates in the Galaxy Ballroom and more recreation leisure and sports/fitness programming in the Norton Recreation Center. County may use the Galaxy Ballroom on a scheduled basis, by contacting the City first. City usage may include weddings, receptions, business meetings and/or other uses by third parties. The City will continue to bill the County 90% of all utility costs of the Galaxy Building and 48% of the Norton Recreation Center on a quarterly basis, which is consistent with the County's actual facility usage in comparison to facility operational hours. The County Probation Department plans to relocate to another facility some time during the term of this renewal and will submit a 30-day notice to the City for intent to terminate the lease. The department will solicit other agencies within the community to utilize the space at this facility, as well as use additional space to promote new classes and programs in our own Recreation Division. The renewal includes the same provisions as the 2004/2005 Contractual Agreement. Property Description: The property consists of two facilities: A. Galaxy Building Ballroom .. ~~:",,:"!r'~"=-:xr:;;~ T ..~ "~~ The Galaxy ballroom building is a two-story, 19,721 square-foot building. The main feature of this building is the ballroom, consisting of a stage, a 3,500 square-foot floor and an overall capacity of 245. Other features of the building include offices, three classrooms, kitchen, and conference room. B. Norton Recreation Center This facility totals 21,300 square feet. The structure contains a hardwood floor gymnasium, a fitness center, three locker rooms and a storage room. The gymnasium has one main basketball court, two cross-courts, bleachers and an electronic scoreboard. Financial Impact: Estimated Cost Recovery: $46,988 in utility costs paid to the City by the County of San Bernardino to lease both sites during FY 2005-2006. Recommendation: Adopt Resolution. ~"'II1J'~-""""""",''lii&t~-'-'T~' ' - ' o G o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 III 19 1// 20 III 21 22 III 23 24 25 26 III 27 III 28 RESOLUTION NO. t~~y RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR OR HER DESIGNEE TO EXECUTE AMENDMENT NO. 1 TO THE CONTRACTUAL AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE COUNTY OF SAN BERNARDINO FOR SHARED USE OF THE RECREATION FACILITIES AT THE FORMER NORTON AIR FORCE BASE FOR mE PERIOD OF JULY 1, 2005 THROUGH JUNE 30, 2006. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE crn" OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino or her designee is hereby authorized and directed to execute on behalf of said City, Amendment No. 1 to the contractual agreement with the County of San Bernardino for the Norton Air Force Base Recreation Facilities. A copy of said Amendment No. 1 is hereby attached hereto, marked Exhibit "A", and incorporated herein by reference as fully as though set forth at length. SECTION 2. The authorization granted hereunder shall expire and be void and of no further effect if the agreement is not executed by both parties and returned to the office of the City Clerk within one hundred twenty (120) days following the effective date of the resolution. III III III , >="'-""'''~=~~ ~ :I~; '::_~,",",..A ;W~- o o o RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR OR HER DESIGNEE TO EXECUTE AMENDMENT NO. 1 TO THE CONTRACTUAL AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE COUNTY OF SAN BERNARDINO FOR SHARED USE OF THE RECREATION FACILITIES AT THE FORMER NORTON AIR FORCE BASE FOR THE PERIOD OF JULY 1, 2005 THROUGH JUNE 30, 2006. 1 2 3 4 5 6 7 8 9 10 ESTRADA 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held . 2005. by the following vote. to wit: day of on the Council Members: AYES NAYS ABSTAIN ABSENT LONGVILLE MC GINNIS DERRY KELLEY JOHNSON MC CAMMACK Rachel G. Clark. City Clerk day of The foregoing resolution is hereby approved this 2005. Judith Valles. Mayor City of San Bernardino Approved as to Form and legal content: JAMES F. PENMAN. City Attorney o o o -'="""~""-'T~?~r~'" T: !iiIf-"~--~ ~_. Exhibit "A" AMENDMENT NO.1 TO THE CONTRACTUAL AGREEMENT This Amendment No. 1 to the Contractual Agreement is entered into this day of , 2005, by and between the City of San Bernardino ("CITY") and County of San Bernardino ("COUNTY") relating to the use of a portion of the real property located at 1494 & 1554 E. Art"Townsend Drive, Buildings 178 & 812, San Bernardino, California ("Premises"). 1. The Section No.2 entitled "TERM" is hereby amended to now read as follows: "The term of this Contractual Agreement shall be July 1,2005 through June 30, 2006 period." 2. All other terms and conditions of said Contractual Agreement are unchanged and shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this instrument upon the date first herein abo~e appearing. ATTEST: CITY OF SAN BERNARDINO By Rachel Clark, City Clerk By COUNTY OF SAN BERNARDINO By Title Approved as to form And legal content: JAMES F. PENMAN City. Attorney ---"~.~~'"""'~'= _..~!!IPi IiEAL ESTATE SERVICES DEPARTMENT coum Of SAN BERNARDINO INTERNAL IEllVlCElIROUP A.t TIdnI StneI . SIIlIllmlnllno. CA 92415-0832 . Fax (909) 387-7833 ~ (_) 317-7813 Preperty Management (III) 317.7832/7825 _.....WIy (901) 387-712917843 DAVID H. SlAUGHTER Director March 22, 2005 - City of San Bernardino Parks, Recreation & Community Services 547 N. Sierra Way San Bernardino, CA 92410-4816 Attention: Lemuel Randolph, Director, Dear Mr. Randolph: Re: San Bernardino - Probation Department - 1494 & 1554 E. Art Townsend Drive Lease Agreement No. 04-684 o On July 20, 2004, the County of San Bernardino entered into a one-year lease agreement with the City for the above-referenced facility. This lease will expire on June 30, 2005. Under the terms of the lease, upon mutual consent of the parties, the County has one (1) one-year option to extend the term of the lease. Please accept this as formal notification that the County would like to exercise its one-year option to extend the term under the same terms and conditions. Please let me know if this is acceptable to the City. If you have any questions or comments, please call me at (909) 387-7814. Sincerely, ,~jL~ Sharon Davis, CPM Real Property Agent SD:bas cc: Scott Frymire, Probation . ~~~""'~r"f('!'&",' C"C''''~=s''r''~'''N-","",~'''''''''''-'~~' ~~.'-- "'''''''''-'''-, -. REPORTIRC':OMMENDATlON TO THE BOARI" IlF SUPERVISORS t. SAN BERNARDINO COUNTY, C~ .FORNIA AND RECORD OF ACTION o FROM: July 20, 2004 DAVID H. SLAUGHTER, Director Real Estate Services Department JERRY L. HARPER, Chief Probation Officer Probation Department I fj./':... ' / '~r /- . , cl.., .,r. .) SUBJECT: CONTRACTUAL AGREEMENT WITH THE CITY OF SAN BERNARDINO RECOMMENDATION: Approve a one-year contractual Agreement No. 04-684, with the City of San Bernardino (City) for 10,590 square feet of office and classroom space, joint use of 2,879 square feet of common area, and 10,639 square feet of gymnasium, lobby, and restrooms for the Probation Department (Probation) in San Bernardino from July 1, 2004 through June 30, 2005 at no cost. BACKGROUND INFORMATION: On February 13, 1996, the Board approved a seven-year contractual agreement, No. 96-133, with one three-year option to extend for 20,082 square feet of office, kitchen, ballroom and common area space in Building 178 located at 1494 E. Art Townsend Drive and 20,983 square feet of gymnasium, exercise rooms and common area space in Building 182 located at 1554 E. Art Townsend Drive in San Bernardino. The original term was from March 1, 1996 to February 29,2003. This space is used for juvenile probation services. o As the expiration of the contractual agreement approached, the Real Estate Services Department (RESD) notified the City of its desire to exercise the one three-year option to extend the term. The option requires the consent of the City, which declined to extend the term because the City desired exclusive use of a portion of the space occupied by Probation. Probation determined it could function with less space in each of the buildings. On October 7,2003, the Board approved a one-year contractual agreement, No. 03-1065, with one one-year option to extend the term by mutual consent of the parties. The original term of this agreement was from July 1, 2003 to June 30, 2004. Probation requested RESD exercise the one one-year option to extend the term from July 1, 2004 through June 30, 2005. RESD contacted the City. The City determined it would prefer to enter into a new one-year contract with one one-year option to extend the term. The City executed the new agreement on June 9, 2004, but delayed in delivering the document to the County. This agreement is effective July 1, 2004 and replaces contractual agreement No. 03-1065, which expired June 30, 2004. It is exempt from the provisions of County Policy 08-02-01 regarding the lease of privately owned real estate for County use because it is owned by a city: o cc: RES- Slaughter wi agreement Contractor wi agreement clo RES IDS wi agreement Auditor wi agreement Risk Management Probation- Harper County Counsel- Luke Probation- Frymire CAO- Kopp CAO- Rozko ISG- Weinstein File wI agreement Page 1 of 2 Record of Action of the Soard of Supervisors o. 04-684 CALENDAR) RS RDINO MOnON AYE SECOND 4 5 rm ITEM ~ 1_'lf!t'T~"''''~'''ff'"_'=:::''- -''''''''~~~/~"-7''rv:::- 0'. Vendor Code County of San Bemardino Telephone David H. Slau hter, Director 387-783 Contract Type o Revenue iii Encumbered 0 Unencunbeled 0 Other: If not encumbered or rellltllue contract type, provtde reason: Commodity Code Contract SllIrt Date Contract End Date Original Amount T ollIl Contract Amount FAS CONTRACT TRANSMITTAL Amendment Amount Fund Dept. Organization AAA RNT RNT Fund Dept. Organization Fund Dept. Appr. ObjlRev Source GRClPROJ/JOB No. Amount 200 2905 N31216 Appr. ObjlRev Source GRClPROJ/JOB No. Amount Obj/Rev Source GRClPROJ/JOB No. Amount Estimated Payment Tollll by Fiscal Year FY Amount 110 FY Amount 110 Project Name SAN BERNARDINO - Probation -1494 & 1554 E. Art Townsend Dr., Buildings 178 & 182 Contract CONTRACTOR City of San Bemardino Federal 10 No. or Social Security No. cOtor's Representative Parks & Recreation Department Address 547 N. Sierra Way, San Bemardino, CA 92410-4816 Phone (909) 384-5160 Nature of Contract: (Briefly describe the general terms of the contract) This Agreement is for one (1) year with one (1) one-year option to extend the term" COUNTY will reimburse CITY for ninety percent (90%) of all utility costs for building No. 178 and-forty-eight percent (48%) of all utility costs for building No. 182.. COUNTY and CITY shall provide its own fcelephone service. -, , - · SEE SIGNATURE PAGE ::Ounty Counsel . 'Attach this transmittal to all contracts not prepared on the -Standard Contract- form.) ~proved as to Legal Form (sign in blue ink) Reviewed as to Contract Compliance Presen .. AuClltorlControllw-Reconlel' U.. Ottlv C ContrKt D...... C FAS Input Date Keyed By " 0" .,..-, o . "'''~v<c,'"l~~~~c3~:~-''~2rB'm;::I!i~\k'''"- 0.__...J _";>;:':~H ,~-..........~ CONTRACTUAL AGREEMENT WHEREAS, the City of San Bernardino (UCITY") received title to certain real property from the United States of America by quit claim deed recorded March 17,1995: and, WHEREAS, the CITY and County of San Bernardino (UCOUNTY") desire to enter into a contractual agreement for COUNTY's use of a portion of the real property located at 1494 & 1554 E. Art Townsend Drive, Buildings 178 & 812, San Bemardino, Califomia rPremises"). NOW, THEREFORE, the parties agree as follows: 1. PREMISES: CITY hereby grants to COUNTY the lease rights, hereinafter specified, to be exercised withi~ the Premises, consisting of those portions of the buildings, Building No. 178, commonly referred to as the Galaxy Building, including the following: exclusive use of the second floor, stairs, emergency exit, ALL three first floor classrooms, two storage rooms and the windowed office area, totaling 10,590 square feet; Building No. 182, commonly referred to as the Norton Gym, including the following: gym, lobby, restrooms, and foyer area, totaling 10,639 square feet. Attached hereto and incorporated herein as Exhibit A. labeled "Premises" depict the lease areas and the facilities and equipment therein. 2. mBr!: The term of this agreement shall be for a period of ONE year, commencing July 1, 2004, and end on June 30, 2005, (with a one-year option to renew the contractual agreement with written mutual agreement of both CITY and COUNTY). 3. ~: See Utilities # 12. 4. RETURN OF PREMISES: The COUNTY agrees that it will, upon any termination of this agreement, return the Premises in as good condition and repair as the Premises now are or shall hereafter be put; reasonable wear and tear excepted. 5. TAXES: CITY shall pay all real property taxes, and genaral and special assessments levied and assessed against the Premises. 6. USE: The buildings shall be used by COUNTY and CITY on an exclusive, common or scheduled basis as described below: a. The Galaxy Building will be used as follows: (1) COUNTY shall have the exclusive use of the Galaxy Building, following areas: Second Floor Storage room Stairs Emergency Exit Storage room Windowed office area First Floor Classroom First Floor Classroom First Floor Classroom Total = 7,006 sq. ft. 170 sq. ft. 149 sq. ft. 112 sq. ft. 173 sq. ft~ 261 sq. ft. 1144 sq. ft. 770 sq. ft. 805 sq. ft. 10,590 square feet (2) The CITY will have exclusive rights of the following on the first floor - Kitchen area First floor office First floor office The Ballroom 408 sq. ft. 143 sq. ft. 137 sq. ft. 4,700 sq. ft. Page 1 ofS ~~~X'E~1:'~-' ":.~:::f:":lli'w""" r~'''~~p,..., 41>> o o ....'r.---- ~ -..--,......... .,. r- ---~ - .. .- Total square footage = 5,388 square feet (3) COUNTY and CITY will jointly use first floor common areas consisting of Entry foyer Reception area Outside kitchen area Hallway area Restrooms Total square footage = 740 sq. ft. 1,034 sq. ft. 536 sq. ft. 167 sq. ft. 402 sq. ft. 2,879 square feet (4) The CITY will have control of the use of the "Ballroom". COUNTY may use the "Ballroom" on a scheduled basis, by contacting the CITY first. CITY usage may include weddings, receptions, business meetings and/or other usas by third parties. Citizens renting the "Banroom" wID be responsible to leave it in the condition received and remove all trash from the property. CITY will limit the scheduling of the Galaxy Building between the hours of 8:00am to 5:00pm, Monday through Friday for business uses only. (5) COUNTY will have exclusive use of the areas outlined in 6a (1) for business purposes only; Monday through Friday from 6:00 a.m. - 8:00 p.m. with the exception of CITY observed holidays. b. Gymnasium -10,639 total square feet to be utilized as follows: (1 ) COUNTY will have rights to the gymnasium (9072 sq. ft.; lobby area - 848 sq. ft.; foyer area - 293 sq. ft.; and men'slwoman's restrooms - 426 sq. ft.) thus totaling 10,639 square feet. COUNTY will have usage of these facUities Monday through Friday from 1:00 p.m. to 3:00 p.m., with the exception of CITY observed holidays. CITY will have exclusive rights of these facilities at all other times. 7. HEALTH. SAFETY AND FIRE CODE REQUIREMENTS: CITY will insure the Premises meet the applicable requirements of the Health, Safety, Fire, and Building Codes for Public Buildings, including any requirements for a notice of completion, certifICate of occupancy and the Americans with Disabilities Act ("ADA"). Should the continued occupancy of the Premises be in anyway prejudiced or prevented due to changes in the ADA, the Health, Safety, or Fire Codes for Public Buildings, the CITY herein shall correct, update and comply with said changes at CITY's cost. 8. SIGNS: COUNTY will display from the windows and/or marquee of the Premises only such sign or signs as are not prohibited by law. .. 9. MAINTENANCE: a. CITY at its cost shall maintain in good condition all portions of the Premises, including but not limited to the following: (1) The structural parts of the building and other improvements that are a part of the Premises, which indude the foundations, bearing and exterior walls (induding glass and doors), subflooring, and roof; (2) The electrical, plumbing, and sewage systems, including, without limitation, those portions of the systems owned or controlled by the CITY lying outside the Premises; Page 2 of 8 _=~_ _~"""~=-[ 1'-T.:~~-:~'~:,J~, o mr~i w (3) Window frames, gutters. and downspouts on the building and other improvements that are a part of the Premises; (4) Air conditioning, heating and ventilating systems servicing the Premises, and; (5) Outside lighting, major irrigation repairs. tennis court nets and windscreens. (6) CITY at its cost shall repair the Premises if they are damaged by (1) causes over which COUNTY has no control; (2) acts or omissions of CITY. or its authorized representatives. - b. COUNTY. at its cost. shall be responsible for any and all routine maintenance in and around the Galaxy Building AND Norton Recreation Center, to include the parking lot areas. planter beds, entranceways. and lawn areas. These areas will also include. but not be limited to: (1 ) Exterior (A) Paint over graffiti as required. (B) Mow and edge lawns. (C) Weed flower & planter beds. (D) Sweep and/or blow sidewalks and all parking lots 0 (E) Trim bushes and low hanging tree branches. (F) Clean windows. (G) Remove trash and leaves. (H) Make minor irrigation repairs and adjustments. (I) Remove dead/diseased plant materials, trees. shrubs and/or other vegetation. These items will be done on a set schedule at a minimum once per week. COUNTY agrees to provide the CITY with a monthly maintenance schedule in writing by the 1- working day of each month for said month (ex: Monday, July 5, 2004 for month of July 2004). (2) Interior: Janitorial services/minor repairs which shall include. but are not limited to: o (A) Vacuum rugs. (B) Clean and dust. mop floors. (C) Clean restrooms and provide janitorial supplies. (D) (E) (F) Remove trash. Clean windows and walls. Make minor repairs. e.g., unplugging a stopped toilet. Page 3 of8 _,~","'~"'~,7,,!,,_l;7'>~<'::'r""c'j"'r'"~''''' ,,""""''''~''~'~-~-- ,.,- .," '". ""-~ ' - o . ,U'" '" " (G) (H) Replacing light bulbs, which do not require ladders and replacing grommets in a leaking faucet. The servicing of fire extinguishers. Maintenance of burglar and fire alarm systems and the total costs thereof, induding the provision of an after-hours contact to the fire/alarm company dispatch. COUNTY agrees to supply a 33% FTE Gob dassiflC8tion - custodian) to maintain all of these items for the Galaxy Building. COUNTY agrees to supply CITY with a weekly work schedule of hours that this custodian is working (in writing) on a weekly basis according to the following timeline (ex: provide a work schedule for work week of Monday, July 5, 2004 thru Sunday, July 11, 2004 by 4:00pm, Friday, July 2,2004). (3) Personal property shall be maintained by COUNTY in the same condition as it was upon commencement of this agreement, reasonable wear and tear excluded. COUNTY and CITY agree to inspect and indicate the condition of personal property upon commencement of this agreement. " (4) COUNTY may use supervised juveniles, such as those assigned hours of community service, for maintenance and janitorial work. (5) COUNTY will make repairs if damages are by (a) causes over which COUNTY has control; (b) acts or omissions of COUNTY, or its authorized representatives; (c) direct result of COUNTY'S use. 10. ALTERATIONS: COUNTY shall not make any structural or exterior improvements or alterations to the Premises without CITY's written consent. Any such alterations made shall remain on and be surrendered with the Premises on expiration or termination of the agreement. 11. FIXTURES: COUNTY shall have the right during the term(s) of this agreement to install shelving and fixtures, and make interior, non-structural improvements or alterations in the Premises. Such shelving, fixtures, improvements, and alterations shall remain the property of the COUNTY and may be removed by the COUNTY during the term(s) of this agreement or within a reasonable time thereafter, provided that the COUNTY restores the Premises to the condition as it existed at the commencement of this agreement, reasonable wear and tear exduded, or the COUNTY in its sole discretion may elect to surrender all or any part of such shelving, fixture, improvements and alterations to the CITY, in which case COUNTY will not be accountable for restoring the Premises. Any such election to surrender must be in writing, but need not be accepted by CITY to be effective. 12. UTILmES: CITY shall furnish to the Premises and pay all service charges and related taxes for electricity, water, sewer, gas and trash services. CITY to determine the cost per square foot for both buildings for utility services on an annual basis. CITY will bill county on a quarterly basis. COUNTY shall reimburse CITY for 90% of all utility costs (i.e. water, electrical and natural gas) for the Galaxy Building and 48% of the utility costs for the Norton Recreation Center (Gymnasium use). 13. HOLD HARMLESS: a. COUNTY agrees to indemnify, defend (with counsel approved by CITY) and hold harmless the CITY, its authorized offICers, agents, volunteers and employees from any and all claims, actions, losses, damages, and/or liability arising out of this lease from any cause whatsoever induding the acts, errors or omissions of any person and for any costs of expenses incurred by the CITY on account of any claim therefore except where such indemnification is prohibited by law. Page 4 or8 ~i'~"':":"5:"'"'~"~"vr"'" "'r~'"'''' """," e o o "',,~,~,-' CITY agrees to indemnify, defend (with counsel approved by COUNTY) and hold harmless the COUNTY, its authorized officers, agents, volunteers and employees from any and all claims, actions, losses, damages, and/or liability arising out of this lease from any cause whatsoever including the acts, errors or omissions of any person and for any costs of expanses incurred by the COUNTY on account of any claim therefore except where such indemnification is prohibited by law. 14. INSURANCE: CITY and COUNTY acknowledges that each party is legally self-insured for Worker's Compensation up to statutory limits. The CITY is self-insured for comprehensive general liability and automobile liability, and each party shall provide a certificate of self-insurance to the other. The CITY and the COUNTY accept such self-insurance as satisfying the premises liability insurance and workers' comp~nsation requirements under the contract. b. 15. CITY'S DEFAULT: Except where another time limit is specifically provided, CITY shall be in default of this agreement if it falls or refuses to perform any material provisions of this agreement that it is obligated to perform if the failure to perform is not cured within ninety (90) days after notice of such default has been given by COUNTY to CITY. If the default cannot be reasonably cured within ninety (90) days, CITY shall not be in default of this agreement if CITY commences to cure the default within the ninety- (90) day period and diligenUy and in good faith continues to cure the default. 16. COUNTY'S REMEDIES ON CITY'S DEFAULT: COUNTY, at anytime after CITY is in default, can terminate this agreement or can cure the default at CITY's cost. IF COUNTY at anytime, by reason of CITY's default, pays any sum or does any act that requires the payment of any sum, the sum paid by COUNTY shall be due from CITY to COUNTY within five (5) days of notice of such sum (including charges for COUNTY's employees and equipment), and if paid at a later date shall bear interest at the maximum rate the COUNTY is permitted by law to charge from the date the sum is paid by COUNTY until COUNTY is reimbursed by CITY. 17. COUNTY'S DEFAULT: The occurrence of anyone or more of the following events shall continue a default and breach of this agreement by COUNTY: a. The vacating for more than ninety (90) consecutive days or abandonment of the Premises by COUNTY. b. The failure by COUNTY to perform any material provisions of this agreement to be performed by COUNTY where such failure shall continue for a period of thirty (30) days after notice by CITY to COUNTY; provided, however, that if the nature of COUNTY's default is such that more than thirty (30) days are reasonably required for its cure, then COUNTY shall not be deemed to be in default if COUNTY commences such cure within said thirty (30) day period and thereafter diligenUy prosecutes such cure to completion. The purpose of this notice requirement is to extend the notice requirements of the unlawful detainer statutes of Califomia. . 18. CITY'S REMEDIES ON COUNTY'S DEFAULT: In the event of any material default by COUNTY which is not cured by COUNTY, CITY may, at its election, terminate this agreement by giving COUNTY thirty (30) days notice of termination. The purpose of this notice requirement is to extend the notice requirement of the unlawful detainer statutes of California. On termination of the agreement for default pursuant to this paragraph, CITY shall have the right to recover from COUNTY only any amount, and court costs, necessary to compensate CITY for all detriment proximately caused by COUNTY's default which CITY proves could not have been reasonably avoided. 19. CITY'S ACCESS TO PREMISES: CITY and its authorized representatives shall have the right to enter the Premises at all reasonable times. Page 5 of8 _t3f""'''::,~::..".~.~c . Ie. .",'~---. T~( -," o o o 20. NOTICES a. Any notice, demand, request, consent, approval, or communication that either party desires or is required to give the other party or any other person shan be in writing and either served personally or sent by prepaid, first-class mail. Any notice, demand, request, consent, approval, or communication that either party desires or is required to give to the other party shall be addressed to the other party at the address set forth below. Either party may change its address by notifying the other party of the change of address. Notice shall be deemed communicated two (2) COUNTY working days from the time of mailing if mailed as provided in this paragraph. CITY's address: City of San Bemardino ATTN: Lemuel P. Randolph, Director Parks, Rec. & Community Services Department 547 North Sierra Way San Bemardino, CA 924104816 Public Works Group Real Estate Services Department 825 East Third Street, Room 207 San Bernardino, CA 92415-0832 21. INCORPORATION OF PRIOR AGREEMENT: This agreement contains all of the agreements of the parties hereto with respect to any matter covered or mentioned in this agreement, and no prior agreement or understanding pertaining to any such matter shall be effective for any purpose. COUNTY's address: 22. WAIVERS: No waiver by either party of any provisions of this agreement shall be deemed to be a waiver of any other provision hereof or of any subsequent breach by either party of the same or any other provisions. 23. AMENDMENTS: No provision of this agreement may be amended or added to except by an agreement in writing signed by the parties hereto or their respective successor in interest, expressing by it terms an intention to modify this agreement. 24. SUCCESSORS: This agreement shall insure to the benefit of and be binding upon the heirs, executors, administrators, successors, and assigns of the parties hereto. 25. SEVERABILITY: If any word, phrase, clause, sentence, paragraph, section, article, part or portion of this agreement is or shall be invalid for any reason, the same shall be deemed severable from the remainder hereof and shall in no way affect or impair the validity of this lease or any other portion thereof. 26. TIME OF ESSENCE: Time is of the essence of each provision of this agreement, which specifies a time, within which performance is to occur. In the absence of any specific time for performance, performance may be made within a reasonable time. 27. QUIET ENJOYMENT: Subject to the provisions of this agreement and conditioned upon performance of all the provisions to be performed by COUNTY hereunder, CITY shall secure to COUNTY during the agreement term the quiet and peaceful possession of the Premises and all right and privilege appertaining thereto. 28. PROVISIONS ARE COVENANTS AND CONDmONS: All provisions, whether covenants or conditions, on the part of either party shall be deemed to be both covenants and conditions. 29. CONSENT: Whenever consent or approval of either party is required that party shall not unreasonably withhold such consent or approval. Page 60r8 """""'B't'=,,/,,~"'C"'''',"'C'''''' " ,"cr' " ,,'" '"'' at G . 3D. reference. EXHIBITS: All exhibits referred to are attached to this agreement and incorporated by 31. ~: This agreement shall be construed and interpreted in accordance with the Jaws of the State of Califomia. 32. VENUE: The parties acknowleclge and agree that this agreement was entered into and intended to be performed in San Bernardino County, Califomia. The parties agree that the venue for any action or claim brought by any party to this agreement will be in San Bernardino County. Each party hereby waives any law or rule of court, which would allow them to request or demand a change of venue. If any action or claim conceming this agreement is brought by any third party, the parties hereto agree to use their best efforts to obtain a change of venue to the Central District of San Bemardino County. 33. . ATTORNEY'S FEES AND COSTS: If any legal action is instituted to enforce or declare any party's rights hereunder, each party, including the prevailing party, shall bear its own costs and attomey's fees. This paragraph shall not apply to those costs and attorney's fees directly arising from any third party legal action against a party hereto and payable under Paragraph 13, "HOLD HARMLESS". 34. RIGHT TO TERMINATE: The COUNTY or CITY shall have the right to terminate this agreement at any time. COUNTY or CITY shall give the other notice of any termination pursuant to this paragraph at least thirty (30) days prior to the date of termination. In the event either party terminates this agreement pursuant to this paragraph; neither party will receive any compensation from the other party except that which is outlined in Paragraph 12, "UTILITIES". 35. CAPTIONS. TABLE of CONTENTS AND ~OVER PAGE: The paragraph captions, table of contents and the cover page of this lease shall have no effect on its interpretations. 36. SURVIVAL: The obligations of the parties which, by their nature, continue beyond the term of this lease, will survive the termination of this lease. 37. INTERPRETATIONS: As this agreement was jointly prepared by both parties, the language in all parts of this agreement shall be construed, in all cases, according to it fair meaning, and not for or against either party hereto. ' END OF AGREEMENT TERMS. Denn; .n.b:~.L- Chairman, Board of Supervisors '> :" ~>. CITY OF SAN BERNARDINO ~J~~~ Dated: JUl 2 0 2004 Title: Mayor Pr:o Tem Dated: c.~"\ Page 70f8 , ~ ""~;1'I\"~::""","&"'no'-_c""I"'I'~> o'rW11'" - G . SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO TH~RMAN OF THE BOARD; ..,- J. Date: ~.. Approved as to Le County Counsel By: /f..L Prin~ame: r:~.,a.. L..t.." Dated: ~T ""'1 ! ). {if) If " ~-'''~-'-'''''' Attest: By: ~ J.J. et.,~ Title: City Clerk t7.1.otJ4 . Dated: M APPROVED AS TO FORM AND LEGAL CONTENT: JAMES F. PENMAN City Attomey ated: ~ l Uti r tf . (Contractual Agl'Ml1lent County of San Bernardino Probation and City of San Bernardino (Norton Recrwatlon C8nIIIr a Galaxy. As of June 7, 2004) Page 8 ofs " , -'IT''''~'Tlr~ "," ' ~",,, ",.",~",,,,,,,,! _~'"ill~.illti!r~.~,_~ . . It .b . f" ~ l~",L'.'~ ~t ~~I 0\ ~..:~.~ ~ ole V511:f) r'7 ci CD ",,- -- ,.~,_..., e -fJ-_ JJ..,. , '~;.;.r-:/ W- I 111111 I .m;- .. ...~ ~~I .' ,\ U i I ~ . 1- ..............,...........& r t3 i.' !!ou,.., " 7700 41 . DOC-v"'" co EXHIBIT -A .. "_"__. FLOOR PLA~ BUILDING _ 1ST PL 13,075 SQUARE FEET .. -*~ 'z lit ----'''' , ) f ..~ "4 '.;:...... I "I 'c A/ ~ I I I 'iill', ':-;-~""'~'.~P - ~~ 1,'\.:....'1 ':',~., C.io,._! 2' 1.1; \',,~.... -:==-===a=:-:. t .. F,,' t Ie:. ".; "l'.... ..t\.t, ........, t;,t.., cPo/I< 11~'1 J/I \t,.\n..... fD-E /I ,,1/ 1/1 f( t.. .. ~I,,~, \i"iP"'___' C'- ~\.\.. \." ,..~ S3(,.J.S' jJ (A/I< ( A/f< L:P I 110.5-"8 -71.~ CA '~~L, ',..!.\:..~ r ,', '-~ (A .~ . .." I ......_~......,.:....:.v ~ \f- ~. ,,-...1o .. ~ . ......." 5 1z ~ -' ~ ~j~"'" I-fO.l.~ rp f\,...~ n~.. ;"i.. .~, J..f9'" i:,f ~ -J Page 1 of (: . ,..."~>.,,._,""~: '!W'j~'1~~~"'7~"~'I'~' "}:"n'~-' --.. II . [ 1- EXHIBIT . A. GALA e-- DINe (::.... 2N~-'F'LOO~ 7,006.5 square feet. o ( ~ ' . . '.... - (!\ \\) COUNTY EXCLUSIVE USE - 7,006.5 sq. ft. . . i.~ ,. \~ 1, t' " , " . . '\.. .... ........... '. .', . .. . .- ., . o . ' CO.... E /oor...~ ,p ~ ~ I If ~ ~ U .. .... P...... , nf (, _'_"_~~"",e",,"" ' ~-= '. . ' .. .,"'" - WI811 .". _SES , FLOCR' . \AS IUMI F1TNF.S!i', ,r.Hl..OCMS 20."2.75 SQUARE FEET e (!OU';T"1 0 r- c5AV B&.L)J~R-DI";O -, .' (S"'{ V\-1 L"'L ~ t. f, IL R. ' \J L" 11.\1\ t:'(07].. rp -,...-... ". -0- ~ <II '~ ..- ,. " , .~ - . \:"1'" ~...j" I .i . , 0.:" -.. (0- C /900 If; i ! /" , , ,~. " .- ~ C; " [ ~ .. *~ . ... '" ) '. _...tJ~. ~ ~~ i" ,(O-p C A ~ 2S!O ~ >:12. 7S P !.c.,,"V- : ~"""-"''''''''--'''' .... ' 2~>" ...4- :---. ....... ij ~ JI ~iut:,9~.. 4h on,.. . --,-.!..:. II ~. I .,.,....I~,."' y (IT'f-f I I I I' (~:: ~ ~ 'i r; ~~ " i ~;... :f~: I' c~:l,.~ I :! i. ~~. ; ~ . (t, 1 '" II "', .-de ' " (~otP "."IJrtt .,': . SyV.,. '! . ( ;'" jlt.i ..,:. ~ " ii:,p......-. L 0, i ~ .o.~;~ ,~\ ~ r ~ I n (~ I f. tlt:~:J:/.2 01 ... '1_-" ~~.;" 'II ,II r (0 -f 4. ,1,' if! L-f? Y 0,<; ,C, ~1; rJ, (~; l' t(, I ~ I. 11 .. ~ . '" 1 -'" _ _ , I ,- I " f>.)!;t.: 1- I l/. U' " . V 1./; 'i I I /, "- /. 'p~..._-"A---./ Page 3 of 6 _~_ ,,~^.".W""~- ..!!1""1-"""-';5c;--'lS'"t~~~"'l"~-~~-ffil "" T1 - ...J:l_ _ ~ d' . ^,.,~I !r I 111111 I e -^- 00 CO.. .... C' EXHIBIT . "_.._ FLOOR PLAN - ~ r a. ~ BUILDINC <lST PL a 13,075 SQUARE FEET o . . I. ';. ""'~'S&"II& III .-*~ z ... "'-' ~ , ) /j",I/nCJ't'l OJ I. 7 ?oo J:jl a:: -:.==:=:::::. ~ ~... F,\,' i Ie..". ~L~:...... " . ~ .,. "hit, ... -, t;,t .. cAlI< ,'?;I/t! .. r. 1/ .:; """,,. d, 'r\\: .)t:, t'\ l"l v . (:~~ USCA'!J0 co-E /I "1/ 1/1 ~'-;3~1?',t C A/ I( 2" or; \:..;.~ '.1 . ,~I,,~. ;.1." .\..,..., F!i,~' ;:t~... ;_\.. ...,J..... {1 J _ ..: - - '~~L\ ( A/r< L~ I /10.5-"0 7'~ C.A II . 9" io'l/1 ~ -J """- lA (A , . . ~.._,_ :. __.,..:.-:v I /-.... . -..... J ~7% ~ r.7 r:iJ ~\r- Ct. lJ"~ o ." , ',,---- ,^ , ,. -- Page 4 of 6 .~=;c~,"'-~,~~,'-'.,,~~,,~, ~":_"_.'-'_:-~'Y"]r=~~W~:-,=:r!Jl"n~-'r"~~~-~-'""_o~/"'>:~~l~r 1 T"'>,_',.,,,,,,,,,,,'",",' '" "'- .e 0It111l oA' WISES f'LClCIR I Wi I UMI ' , f'ITNF.SS~ . T ROOMS 20.912.75 SQUARE f'EET o e IT'1 SAY '&,IUJAU>/)JO /A.'55 ) , OF . L5D~ .... (5 --'f VV\ R. ."",-" " --<' ~-'- ~. f. .~ , -,. - . I.;.Y'" ~...i\# I j ~ '107).. \, , (0" C /900 ,p .;- -.. .' ( i :/ .. p;:. ~. ~'! ;Co.E"t \ CA.' 25" . ) ~ r'Z2.?SP ~'TV-;n ~" , 2~~ 01 :"- . '-. Iii ,I' ,I ~~~ ~ t:~~ f I (o..~ ~~..ii. rU l~~ '~ oJ. ~'i~" 2., I ~fJ I /1 ) - ~ i ~o ". I ~c.' (2.'iX. ~ ! ~u ~ 1<. ,... I' c lb'~~o,p ",li..,.l fH1,lO' JJ (I ;~ ~~ u ~ ~ .' ~ ~ (0 _ ~~ C .. 2f:r.S ~ r/, .....*,.:: ...;\'; I "~;f~ ~f ~lllr(;l I .1 '0 t' I r.-,~ .. J ~ ~~ ,-ri , rf l f' . (.1 t- tJ l\'/\ZV' rp L........ . (" ,. .;.".. ""'" 8Y'I,p ^- '" Il - ~. .::! ... *~ a ... " ) 1'32 t. /~.../ ,LA VI ' .-' ~~__C.C.",,"~'"~~~~~~~j :'.'1'li'T < v . . . \ 1 dt I" . \J\" "I ." <f.J L ' I o .0.., ib 0+ &~t'\ Ee"~1.,d,n~ .Ii f' S;,,~ be._.J,;., -I~ C ., (2c.,,+ CS"'tJ .-_0 r'7 dJ . '" -...............--. e -A_~ ~ .,---. --I it.~ - I pmtu __ - '111' ~, III" I EXHIBI,. -A- P~E~~ ~ FLOOR PLAN - Ci.u.. X BUILDING ~ST FL~ 13,075 SQUARE FEE~ . t-'" ...-_.....,..'.r...~ I),"I~. 1...1:,1:. ,..,u".., 'J ~ . 7700 t/1 t .,.' ! 'I.'. ~1, 'i.... ... co-E " 1/ II t/1 .. ... '.-*~ Z \II '-_.,~ , ) ----- , . . ~;...:. I,i..i.......' ( AIr<. . r"/'70 1/:1 L, /10.5 4f' '7Y.1lfJ CA II (A ..--------.. ---------. lA - :1 ..o..._.._;...:...:v ~ ~.c-;-o". ~ I !7z f - ~ . . . f..:;-...h,., .w, ti.t... cAlI< /4301 11 ~... ~\.\. \. ,'" ''-'' 53(,.J.S' 11 (A/~ \':\"l:L\ u Cf; f}t.dJ ~ \ f.. -- . Page 6 of 6 ""I T~~'ift"";,,,,,,,,-pr~iTc'~ -- ~-~ A'fJ A" \ \ , " ^'fJ ~ ^'fJ V) 'fJ03H'V1'fJ ~ V) 30ISANNns l- V') ;< \:1 ~ "" LLJ .... MO ~o ~t; ~ ^V Q ::> .-J c:c L&J ^V ('oj (,) - (,) ,... 2 g ~ ~ .~ i E ell a:l c:: ~ o ~ c:: CD 0) ~ ~ ~ ... 01 ... - (3 '" r . ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Moeting D'te (Date Atted)'. Item' Vote: Ayes Nays Change to motion to amend original documents 0 >'6 Resolution # ~ 0)- { I q Abstain Absent ~< J Companion Resolutions ~ NuU/Void After: days I Resolution # On Attachments: 0 PUBLISH 0 POST 0 Note on Resolution of attachment stored separately: 0 RECORD W/COUNTY 0 By: Reso. Log Updated: 0 Seal Impressed: 0 Reso. # on Staff Report 0 Date Sent to Mayor: Date of Mayor's Signature: Date of ClerkJCDC Signature: Date Memo/Letter Sent for Signature: 151 Reminder Letter Sent: Date Returned: 2nd Reminder Letter Sent: Not Returned: 0 I Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): Yes No By_ Yes No By_ Yes No By_ Yes No By_ Yes No By_ Copies Distributed to: ~ ~ Animal Control 0 EDA 0 Information Services ~ City Administrator ~ Facilities r Parks & Recreation ~ City Attorney Finance Police Department 0 Code Compliance 0 Fire Department 0 Public Services 0 Development Services 0 Human Resources 0 Water Department 0 Others: Notes: 11)/'\/'.0 ,rJf Date: , . Revised 12/18/03