Loading...
HomeMy WebLinkAbout21-Parks & Recreation CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION OR\G\NAL Subject: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE COUNTY OF SAN BERNARDINO PROBATION DEPARTMENT FOR SHARED USE OF THE RECREATION FACILITIES AT NORTON AIR FORCE BASE FOR THE PERIOD OF JULY 1, 2003 THROUGH JUNE 30, 2004. From: Lemuel P. Randolph, Director Dept: Parks, Recreation & Community Services Department Date: August 11, 2003 MICC Meeting Date: August 18, 2003 Synopsis of Previous Council Action: January 17, 1996 Mayor and Common Council approved Resolution No. 96-25 with the County of San Bernardino for a similar contract for seven years. Recommended Motion: Adopt Resolution Contact person: Lemuel P Randolph Phone: 384-5030 Supporting data attached: Staff Reaart Resa & Aareement Ward: NIA FUNDING REQUIREMENTS: Amount: NIA Source: (Acct. No.) (Acct. Description) Finance: Council Notes: 1Zkso .~ '403 Z:s Cj Agenda Item No. ;u g/J!J()3 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subject: Resolution of the Mayor and Common Council of the City of San Bernardino authorizing execution of an agreement between the City of San Bernardino and the County of San Bernardino Probation Department for shared use of the recreation facilities at Norton Air Force Base for the period of July 1, 2003 through June 30, 2004. Background: The department is proposing to enter into agreement with the County of San Bernardino Probation Department for continued shared use of the recreation facilities at Norton Air Force Base. These facilities were acquired through a public benefit transfer on January 1, 1995 pursuant to the Authority of the Federal Property and Administrative Services Act of 1949 and particularly as amended by the Public Law 91-485. The new agreement limits the County of San Bernardino Probation Department's usage to specific days and times. This will allow the Parks, Recreation & Community Services Department to implement its re-organizational plan. Part of this plan includes full time staffing of the facility including a Recreation Supervisor, a Recreation Programmer plus $22,000 in part- time staffing funds. By staffing this site revenue will increase due to more rental dates available for the public, programming in the recreation center. The City will bill the County 35% of all utility costs on a quarterly basis. This agreement will allow the Parks, Recreation & Community Services Department to initiate and implement new recreation and sports programming that are in demand at both of these facilities. The Parks, Recreation & Community Services Department plans to staff these facilities during normal operation hours beginning in late Fall of 2003. The agreement was made for one year with an option for a one year renewal. The previous agreement gave the County of San Bernardino Probation Department the following: a credit on their utility costs for all rentals booked in the Galaxy center ballroom sole usage of the Galaxy center ballroom Monday through Friday, 8:00am to 5:00pm full use and control of the entire Norton gym facility from 6:00am to !0:00pm, on Tuesdays, Wednesdays and Thursdays, and 6:00am to 8:00am on Mondays and Fridays the utility costs paid by the County to the City were offset based on the total number of hours both facilities were used on a scheduled reserved basis by third party users (i.e. user groups) at the rate of$!O per hour The new agreement does not include any of these provisions. Property Description: The property consists of two facilities: a multipurpose facility (further described as the Galaxy Ballroom building) and the Norton gym & fitness center. A. Galaxy Ballroom Building 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, a kitchen and conference room. B. Norton Gym & Fitness 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 short cross- courts, bleachers and an electronic scoreboard. Conditions: Term: A one-year agreement with an optional one-year extension. Financial Impact: Estimated Revenue: $27,300 in utility costs paid to the City by the County of San Bernardino Probation Department to lease both sites during FY 2003-2004, and $24,000 generated from rentals of the Galaxy Center ballroom. Recommendation: Adopt Resolution. . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . . RE~~~JL RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERi\TARDINO AVTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE COVNTY OF SAN BERNARDINO PROBATION DEPARTMENT FOR SHARED USE OF THE RECREATION FACILITIES AT NORTON AIR FORCE BASE FOR THE PERIOD OF JUL Y 1,2003 THROUGH JUNE 30, 2004. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION I. The Mayor of the City of San Bernardino or her designee is hereby authorized to execute a contractual agreement with the County of San Bernardino for the Norton Air Force Base Recreation Facilities, a copy of which is 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!! iii !II /.I; iii 11/ I '-i I { C /} I j<,( ,q /[3 r! / I " . e e 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 4 5 6 7 8 9 10 11 LIEN LONGVILLE RESOLUTION OF THE 1\1 A YOR A1\'D CO:\I!\ION COUNCIL OF THE CITY OF SAN BERNARDINO AlTHORlZlNG EXECl:TlON OF AN AGREDIENT BETWEEN THE CITY OF SA1\' BERNARDINO Ai\D TIlE COl'NTY OF SA:\ BERNARDINO PROBA.TION DEPARDIENT FOR SHARED l'SE OF TIlE RECREATION FACILITIES AT NORTO:\' AIR FORCE BASE FOR THE PERIOD OF JULY 1,2003 THROl'GH JUNE 30, 2004. I HEREBY CERTIFY that the foregoing Resolution "as duly adopted by the \1ayor and Common Council of the Citv of San Bernardino at a meeting thereof. held oJlthe day 0 I' .2003. by the following vote. to \\it: ABSTAl;\ ABSEJ\T Council \1cmbers: AYES '\A YS ESTRADA 12 MC Gl?'oJ"'IS 13 DERRY 14 SliAREZ A:\DERSON tvlC CAMJ\1ACK Rachel G. Clark. City Clerk The foregoing resolution is hereby approved this. day of 2003. Judith Valles, Mayor City of San Bcmardino Approved as to Fornl and legal content: JA\IES F. PENMAN, City Attorney t. ~ . . . CONTRACTUAL AGREEMENT WHEREAS, the City of San Bernardino (CITY') 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 (COUNTY") desire to enter Into a contractual agreement for COUNTYs use of a portion of the real property located at 1494 & 1554 E Art Townsend Drive, BUildings 178 & 812, San Bernardino, California ('Premises') NOW THEREFORE, the parties agree as follows 1 PREMISES CITY hereby grants to COUNTY the lease rights, hereinafter speCified, to be exercised Within 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 i\ttached hereto and Incorporated herein as Exhibit A, labeled 'Premises' depict the lease areas and the facilities and equipment therein 2 TERM The term of thiS agreement shall be for a period of ONE year, commencing July 1, 2003, and end on June 30, 2004, (With a one-year option to renew the contractual agreement With written mutual agreement of both CITY and COUNTY) 3 RENT 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 general and speCial assessments leVied and assessed against the Premises 6 USE The'bulldlngs shall be used by COUNTY and CITY on an exclUSive, common or scheduled baSIS as descr;bed below a The Galaxy Building Will be used as follows (1) COUNTY shall have the exclUSive use of the Galaxy Ballroom, 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 I Exhibit "A" . . . Total square footage = 5.388 square feet (3) COUNTY a" j CITY will JOintly use first floor common areas conslstw,g 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 uses by third parties Citizens renting the "Ballroom" Will 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 500pm, Monday through Fnday for bUSiness uses only b Gymnasium - 10,639 total square feet to be ulillzed as follows (1) COUNTY Will have exclusive nghts to the gymnasium (9072 sq ft, lobby area - 848 sq ft; foyer area - 293 sq ft, and men's/woman's restrooms - 426 sq ft) thus totaling 10,639 square feet COUNTY will have exclusive usage of these facilities Monday through Friday from 1 :OOpm to 3:00pm. CITY Will have exclUSive nghts 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, 'certlflcate of occupancy and the Amencans 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 Include the foundations, bearing and extenor walls (including glass and doors). subfloonng, and roof, (2) The electncal, plumbing, and sewage systems, including, Without limitation, those portions of the systems owned or controlled by the CITY lYing outSide the Premises, (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, :' Exhibit "A" . (5) Outside lighting, ",aJar 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 Gymnasium facilities, 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 (8) Mow and edge lawns (C) Weed flower & planter beds (D) Sweep and/or blow Sidewalks and all parking lots (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 matenals, 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 will monthly maintenance schedule In writing by the 1" working day of each month for said month (ex Monday, June 2,2003 for month of June 2003) (2) Interior Janltonal senvlces/mlnor repairs which shall Include, but are not limited to (A) Vacuum rugs (B) Clean and dust. mop floors (C) Clean restrooms and provide Janitorial supplies (D) Remove trash. (E) Clean windows and walls (F) Make minor repairs, eg., unplugging a stopped toilet. ReplaCing light bulbs, which do not require ladders and replaCing grommets In a leaking faucet. . (G). The senvicing of fire extinguishers 3 Exhibit "A" . . . COUNTY agrees to supply a 33% FTE Uob classification - 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 wrltmg) on a weekly basIs according to the follOWing tlmellne (ex provide a work schedule for work week of Monday, June 2, 2003 thru Sunday, June 8, 2003 by 400pm Friday, May 30, 2003) c COUNTY, at ItS cost, shall be responsible for any and all routine mamtenance In and around the Norton Gym facility Including the parking lot areas, planter beds, entrance ways, and lawn areas, also the follOWing areas (1) Exterior (A) Paint over graffiti as required (B) Mow and edge lawns. (C) Weed flower & planter beds (0) Sweep and/or blow Sidewalks, parking lots, and tennis courts (E) Trim bushes and low hanging tree branches. (F) Clean windows (G) Remove trash and leaves. (H) Make mmor irrigation repairs and adjustments (I) Remove dead/diseased plant materials, trees, shrubs and/or other vegetation (2) InterIOr Janitorial senvlces/mlnor repairs which shall mclude (A) Vacuum rugs (B) Clean and dust, mop floors. (C) Clean restrooms and proVide Janitorial supplies (0) Remove trash. (E) Clean Windows and walls (F) Make minor repairs, e.g., unplugging a stopped toilet, replacrng light bulbs which do not require ladders and replaCing grommets In a leaking faucet (G) The senvlclng of fire extinguishers. (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 supenvlsed Juveniles, such as those assigned hours of community senvice, for maintenance and Janitorial work 4 Exhibit "A" . . . (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 CtTY'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 excluded, 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, UTILITIES: 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 35% of all utility costs (I.e water, electrical and natural gas) 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 Including the acts, errors or omissions of any person and for any costs of expenses Incurred by the CtTY on account of any claim therefore except where such Indemnification IS prohibited by law. b 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 expenses 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 CtTY IS self-insured for comprehensive general liability and automobile liability, and each party shall proVide a certificate of self'lnsurance to the other The CtTY and the COUNTY accept such self-Insurance as satisfying the premises liability Insurance and workers' compensation requirements under the contract 15 CITY'S DEFAULT Except where another time limit IS specifically proVided, CITY shall be In default of thiS agreement If It fails 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 nlnety- (90) day period and diligently and In good faith continues to cure the default 5 Exhibit "A" . . . 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 CITYs cost. IF COUNTY at anytime by reason of CITYs default. pays any sum or does any act that requires tne payment of any sum, the sum paid by COUNTY shall be due from CITY to COUNTY within five (5) days of notice of sucn sum (Including charges for COUNTYs 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 matenal provIsions of thiS agreement to be performed by COUNTY where such failure shall continue for a penod 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 penod and thereafter diligently prosecutes such cure to completion The purpose of thiS notice requirement IS to extend the notice requirements of the unlawful detainer statutes of California 18 CITY'S REMEDIES ON COUNTY'S DEFAULT In the event of any matenal 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 nght to recover from COUNTY only any amount. and court costs, necessary to compensate CITY for all detnment 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 nght to enter the Premises at all reasonable times 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 shall be In wntlng and either senved personally or sent by prepaid, first-class mall 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 Bernardino ATTN: Lemuel P. Randolph, Director Parks, Rec & Community Senvlces Department 547 North Sierra Way San BernardinO. CA 92410-4816 COUNTY's address PubliC Works Group Real Estate Senvlces Department 825 East Third Street, Room 207 San Bernardino, CA 92415-0832 6 Exhibit "A" . . . 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 pllor agreement or understanding pertaining to any such matter shall be effective for any purpose 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 wilting 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 lime. 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 dUllng the agreement term the qUiet and peaceful possession of the Premises and all light and privilege appertaining thereto 28 PROVISIONS ARE COVENANTS AND CONDITIONS All provisions, whether covenants or conditions on the part of either party shall be deemed to be both covenants and conditions 29 CONSENT 'Whenever consent or approval of either party IS required that party shall not unreasonably withhold such consent or approval 30 reference EXHIBITS A!I exhibits referred to are attached to thiS agreement and Incorporated by 31 LAW ThiS agreement shall be construed and Interpreted In accordance With the laws of the State of California 32 VENUE The parties acknowledge and agree that this agreement was entered Into and Intended to be performed In San Bernardino County, California The parties agree that the venue for any action or claim brought by any party to thiS 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 concerning thiS agreement IS brought by any third party, the parties hereto agree to use their best efforts to cbtaln a change of venue to the Centra! Dlstnct of San Bernardino County. 33 ATTORNEY'S FEES AND COSTS. If any legal aclion IS Instituted to enforce or declare any party's nghts hereunder, each party, including the prevailing party, shall bear its own costs and attorney's fees. ThiS paragraph shall not apply to those costs and attorney's fees directly ansing from any third party legal action against a party hereto and payable under Paragraph 13, "HOLD HARMLESS". 7 Exhibit "A" . . . 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 CITY terminates this agreement pursuant to this paragraph: the COUNTY shall have the right to receive from CITY the following amounts under this agreement a. The total amount which the CITY is entitled to receive based on the outstanding utility cost shall be paid in a lump sum within thirty (30) calendar days of the date of termination. 35. CAPTIONS, TABLE of CONTENTS AND COVER PAGE The paragraph captions, table of contents and the cover page of this lease shall have no effect on its interpretations 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 INTERPRETA TIONS 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, COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO Chairman, Board of Supervisors By Dated Title Mayor Dated: SIGNED AND CERTIFIED THAT A COpy OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD. Attest By EARLENE SPROAT, Clerk of the Board Of Supervisors Title City Clerk By Dated: Deputy Date APPROVED AS TO FORM AND LEGAL CONTENT Approved as to Legal Form: ALAN K. MARKS, County Counsel JAMES F. PENMAN City Attorney By By Dated Dated (As of August 13, 2003) 8 Exhibit "A" l' L_~. 1 ....'---. 1 ..h__.~. . ,__ _' r jc) ry: !.. ~-------- ~~-- ':: ----.r=:::=- li"'- -~~{ .. ~ . :1 " ;) 1 1 ---- '\-~ 1, "'-..-......' , , ----~- :....:' 7::0 .:;: if ~ I: ~ II u II ~ ..----- ~ ').0" ~"-== === === , ~ ~ '" . ~[;~'Y'\~ 0 ,-\An lX."l-\,d,l1c ~ ck UlA~~ \\ '/-." I ~ / Sc.Jlf.:. V) rJ{1'z t I~~\ i I I 1- _ _ _ _ - I r . I II " , II I / ,.1- e. ~ I ~' , U .....~.;.-.J. n I J;'7 d fr ' -c;-.-,. ~ 'J ,I 572 t;i , II ! JI., dJ '= ~ - Exhibit 1 r ~-.: _' ~,t , t',t" C..1/rZ I J3 >I IjI c ....l ~;,I., 5 3~..l.5" ;p CrVI? \";\':'l, ~ \ (~ "A" 1'1 '! EXHit::TT "A," C1D~...-.-c FLOOR PLAN _ -. - - BUILDING ~ 13,C75 SQUARE fEET : , " ii :; " i! '" ~~~ .. "V' } : 810 ~. LL~ ~ ' 0:: - . u.~ Page 1 of 7 _ __-________ L FLOO:J I , I il i: EXHIBIT CA~A B~lLCING - 2ND "" " M '~ 7,006.5 squace teet ,-, . ji 'I Ii !I ~, I T ~ lA \l) / COUNTY EXCLUSIVE USE - 7,006_5 sq. ft. >, ~ ~ . I. " - d . 0 0 o,J rc5l ~ n 1 CO"'-- [ 1 700 Ie. C; if1 I 0 u I \ a Ii ~ ~ ~ I J ~ ~ . Ii "---" ~ ,lJ ~ Ii c ::----...... :.. -' - ~- Page 2 of 7 Exhibit "All LANlelI "/...- ~ISES flOOR I - GTMNA$JUMJ F I TN'FS~, r~-n QC()ol.5, . '--li ;' \' ' L.J;- I ,i' I ' 'r~ I ~ '1' Js III~ I: ~- 1\ ~l ~ ;; I t"!'- II!!! ~ - I I /'151 I ~ l!l I!.I ~ ~!~ III Q .1 , I' 0( I~ ~ 20.982.75 SQUARE FEET e Ov..;J ri Dr:: SM-J {3&J&.PA12-b /f.-.' 0 (" X") I;; L-t.:..J./f'1 c~ ] \ \ \ \ 'I , (,,~ V\/1 "K / Cf'o,7/ 11 ,X, ' w *'" z ~ ,/ , ) , '. II ~. I' ~ I - , ,I I' I,' Ii I: G Ii -, -j:)II~ 7/1' '/'\: ' ~'r ,Co-~ c (' ^:: 255' l! I ,/ ~ '-22~)~,!~c~~'il ~, ; I" '-X~\ -1'/1- J\-\"L~ ~ 01 t(; / I" I 'r ~, ' I ::,,_ Ii " f~(f",~V"'(/I,'I-.I''7-= (O-~ 'c. u I~ _I~ r~S'd1, 23/d, '-3 -.r. f~~ 3D!. t;1 ill c.l'\v.c "'~7Y. II 2'0! (J Ii f- ':;;;:;-'r=-i/' C /- " ij ",;.,;..!? II (,.1, I 2/0q:J ". r ,"'. II -, U'- '~p~~ ~ ,I (J I~ 'i ----'"2 ':' ~ 1 : 'ie' ';~ Ilf~ ~ t ,!I Ii f (," ~.. r f;i'~t' '0 " II ~ = ~ ==;l -' n' "J'I) (0 -[ ~' i ;Jli' I "~<dt:(ll y i '. t!../ q1 - II I'll'! ! 'x i !~ II \; '\,.:-,..11 '; (~/l/1 ~ "')J. vi ,-I , /, " ^ /'---.-/ ,-/_,~ Page 3 of 7 "-----, ------./ ~___ _:..,/ ~ It x11ioi t'" A " -0 '/ , " '': './ I I "i , .\ , lV17\'\ I I I , -~ I I . v ---~ (0 - C <' l,1'" .),.Iv // \, /900 Jjr \ \ \ \ \ " . " e Ice J s',,,, 'Bt,Y\U,J,'t~ (:G\ C usu~0 (', 'f,') 1\ (G\....-t' v'f/(C e H / 1- " --I, II II r'7 C - II Ii '= " '''-'-.----.. - -=~_.-...:...:.o I ~---, iI '-~-:1i, ~I '_":-_ -"'---- EXH7p,Jl' "A" ~O::...~C fLOOR PLAN ~ BUILDING -(lST' Fl.;: 13,075 SQUARE FEET - ~ ' ... ,--"'" ''/''1/ ,z~>~ - "v' ~ i! Ii R ~ II u II ~~ r-' r----: II -,. II;<I~~, JI~I~"~' ~ "'''' II~i C$WJ!7 /-;02,5 P ",-" I -I'"~, Iro~1 ~ I" II 1 I C,..\ !\"~ ~--- 9,' r ,,' ','" '; , , iIi1 I,i I J 3'" '" C "./rz , rill . 'N,?3fS:~ iiTi Ii "====:?":-'~ 'r-IO~ ~I II If7;r'!;'5~/_v~,JI--~~ --', ,\. ~ ',1.,_ 'It ';;,-U,~ ,~]"/',; ~Ol' 53(,,-'-<) $ I 5!tJ" l,l , I ' I ~, '-I"'. -;)~~ U,~_~ I~_ r --;.., II L:/70 P 1ILr" :,-,~;,,? I" :0;' i ,1 -- - ~ --ilJ ,,( U ~:'~~'I! 50, 2 i1 II' /l~"~ 7}f;H- '/~~ k F~ !Oll' I r', n'" " (--\ 'r r ,i ~ ~ 'C"'1 ;,~:I :1 - - - "- ~ u '- '- ~ j ~ (A ", eer ;~; IftI '~ 'I H 1 ,/ / 1 / / ~-I/ 'I 'I >,. I, ' J i n III - - - - , , ' .. ,. I~, I ~ I~. . co - E 11'1'1 IiI ~ \ r- ---- Exhibit "A" 61 ~s ~ LL _~ >- ' cr~ G:~ Page 4 of 7 . L.xJilelI "/1-' ~1s.ES F:..COi. , - GT"""^SIU......./ F1TNfS,;, r-HT RC~ 20,982,)S SQUAAE FEET c :::J 'I I --0 '/ . " . , .'=:., ~/ 0;~~ ~'V\ k -e-~ '- . 1- '~iJ""~ /32 r/J ~ i1 ~,.f;~ I! C- ''-~r;1 ~ / i (, I .. , / I I C,T//-1 V Page 5 of 7 . / /,~~'---./- ~--- "072- . , 1..-_ I I c (0 - ~,' /900. ;p / l.:.1~ ,^I: " Ij II i I' i! /.-r- 'I / l./ (0 -[ J!.; I q1 ~ 3.3, ~~ - ------ , -...l. ~",Ii~" ~ ~,JL:'~ ,,~ I: ,I" ~ i., :1" 1 ,~ ;; rift ' , ; '/10 15 - i ' i ".i~l,.J , I ' "j ~ ~ ~ :t . 1''"1' ~J. I,I,;~! ~ ~ ~!~ ~i,;,'I.1 C1 .1 !Tifl .J.. I :~, ~ ~11 il ~ [I w *'" . ~ " , ) Cl t ,.1.1 \; l\. \[\'\ '0 ctJ II Cl, '-~ I ,I , -r- ~J:"~ I . - ~ ' , S ,U ,~ ~ J 'r- \ j , \ ': ' . V'-,. L iII '-'f \ I . G.Y\~ 0+ Se'n bc''l'ivd,hc ~ (J ~c\V"\ 'bQ,vu.,vd,'v'L (~\c\"T t.Xt><y ) ~ (', ~i,) () JciM VJJf-C -----. ---- --~ ::--..:=1===- -.--, - I; -~' -~ "','i "'-,~; - ~~ - - - -~7 ~ J L_ i T 1 - - "':. --:...._"C:;:. -=_-_-..:. , L- ,_ _i f" ~'~, r,,--. , " ii " ;; ,': " II II ~ Ii ,I " Ii ~ 7 co a; 1 1 n fh , ~ " , II ~,1 r r ;-E 114'1 dI 1 I /'----- '. I T . "". , I ~ ' '. 'l'" Cr1/.<; " , ! ' . ~ ,1, I- I ~ I ~ -~.;\..../ 'j I s:, 7 .-I, / I ~ ' - c-:- I ~72 ~ ~ \ (- lL , /;:0 [JJ . Exhibit "A" EXP.;~T':' "A," C'DC'.......-c- FLOOR PLAN ~ e U I L SIN G -(l: S'T- F L Q;: 13,C75 SCUARE FEET II i[ 'i " '" , -....... '\.. .I' . ~,/ .::Z:~>L" -' /\i' , } c:: o 00 lL' >- - 0:: ~~ - I',lot II _ r ~ - - ) , !0; ;;; t" II " I' Page 6 of 7 -.-~ ~Ii ." ,. Ii il II II [) lir~,c1-'~': ~";'I 3 z ',(0-0/ o (^-: 12S,d il I-' 1< ~ II ,J'27<;(1i;ctTy. err'i ~~~, ::' i \ 2,-,; $1 --4~ :-.._ , I" ' '" N-~ i =~'II' ,'4", " 0 11" ; c , , ',' r ~ - I ~. if Ii I~',...., V""(/\ ~,-I!'i-= (0 - E: i 'i- I{;~I: 3-;:!fl Ii'~~~c'", 227:' d ~' f~ / t II.... , I r r "C):';;''r;-III~ (;1:/1 ;,;':,jJ "J ". -'\ ~' ~P~~" /' " r I' , ' 7 ~ (/' ~- I~ 1"r <~ ,'-r.-c;~,h[ IISkj! I! i ~ ,!III "I 'r .". "/32 r/1 't' - I 11;1 U ~\ '!I I, f ( ;:. :- ' ,.;1' I: - . I . , ";., <.---------':' f ""'" II i~ (,~ -[ ~ I; ::;~i;' I J'f'j~~~1h ,,~I', ,1; J(.lqJ ~ " III Ii I ~ I ,,>< ~ ~~ ,.\, -'--~~) 0//,1-1 ----- ~ ~,~...--/~/ ~~ '----..-/,--.-/-~ Page 7 of 7 l.JJ1IBIT '/,\' 'RLMIS,(S ru:x~ , - G1M'tASIUM../ FITt-IFSS, r..HT R('(:'Joo'~ 20,982.75 SQUARE FErT . /1 ~ lOl.{~xr"'l Oi' S jJ;J 13"'-*-.JJ A-R-.D ,tJu ( "'y') I) [,;L..vN ."------- , / --0 ~ -~ ,- . . - 1 Ii I (0 - ~ ;900 if; , I' . ~ I I'~i i ~ ut IW~;~rl ~il ~ I ~1 ~ *'" . ~ / , ) FAS FOR COUNTY USE ONL Y nDI("!\' ^ I lx New Vena or Code Dep! '-^: J .Contract NUmber i - Change SC ~ I Cancel i County Department Depl Orgn Contractors License No Real Estate Services Department County Department Contract Representative Telephone T olal Contract Amount I David H Slauqhter Director 387-7832 I Contract Type = Revenue l..6J Encumbered =:' Unencumbered '---..; Other ! If not encumbered or revenue contract type, prOVide reason I Commodity Code Icontrac! Start Datel Contract End Dale Origmal Amount Amendment Amount I I I I Fund Depl Organization Appr ObJ/Rev Source GRC/PROJ/JOB No Amount AAA RNT RNT , 200 2905 , N31216 Fund Depl Organization Appr Obj/Rev Source GRC/PROJiJOB No Amount , Fund Dep! Organization Appr ObJ/Rev Source GRCiPROJ/JOB No Amount Project Name Estimated Payment Tolal by Fiscal Year SAN BERNARDINO - FY Amount 110 FY Amount 110 Probation - 1494 & 1554 E. - - Art Townsend Dr.. Buildln~s - - 178 & 812 - - Contract type 2 (d) . ~-~~>~l :,v:~~"'''~~''_! ,~, .. .'.~. '._~' County of San Bernardino CONTRACT TRANSMITTAL CONTRACTOR City of San Bernardino FederallD No. or SOCial Security No .actor's Representative Parks & Recreation Department Address 547 N. Sierra Way, San Bernardino, CA 92410-4816 Phone (909) 384-5160 Nature of Contract (Bnefly 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 thirty-five percent (35%) of all utility costs. COUNTY and CITY shall provide its own telephone service. (Attach this transmiltal to all contracts not prepared on the "Standard Contract" form) Approved as to Legal Form (sign in blue ink) Reviewed as to Contract Compliance Presented to BOS for Signature ~ SEE SIGNATURE PAGE County Counsel ~ ~ Department Head Date ~itor/controller.Recorder Use Onl @ Contract Database @ F AS I nput Date Keyed By Date Date . . . CONTRACTUAL AGREEMENT WHEREAS, the City of San Bernardino ("CITY") 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 ("COUNTY") 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 Bernardino, California ("Premises") NOW, THEREFORE, the parties agree as follows 1. PREMISES CITY hereby grants to COUNTY the lease rights, hereinafter specified, to be exercised within 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. TERM: The term of this agreement shall be for a period of ONE year, commencing July 1, 2003, and end on June 30, 2004, (with a one-year option to renew the contractual agreement with written mutual agreement of both CITY and COUNTY). 3 RENT 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 general 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 Ballroom, 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. . . e 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 uses by third parties. Citizens renting the "Ballroom" will 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. b. Gymnasium - 10,639 total square feet to be utilized as follows (1) COUNTY will have exclusive rights to the gymnasium (9072 sq. ft, lobby area - 848 sq. ft.; foyer area - 293 sq. ft., and men's/woman's restrooms - 426 sq ft.) thus totaling 10,639 square feet COUNTY will have exclusive usage of these facilities Monday through Friday from 1 :OOpm to 3:00pm. 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 include the foundations, beanng and extenor walls (including 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; (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; 1 . (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 Gymnasium facilities, 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 (E) Trim bushes and low hanging tree branches. (F) Clean windows. . (G) (H) Remove trash and leaves Make minor Irrigation repairs and adjustments. (I) Remove dead/diseased plant matenals, 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 will monthly maintenance schedule In writing by the 1" working day of each month for said month (ex: Monday, June 2, 2003 for month of June 2003). (2) Interior. Janitonal services/minor repairs which shall Include, but are not limited to (A) Vacuum rugs. (B) Clean and dust, mop floors. (C) Clean restrooms and provide Janitonal supplies (D) Remove trash. (E) Clean windows and walls. (F) Make minor repairs, e.g., unplugging a stopped toilet, Replacing light bulbs, which do not require ladders and replacing grommets in a leaking faucet .. (G) The servicing of fire extinguishers 3 . . . COUNTY agrees to supply a 33% FTE Uob classification - 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 tlmellne (ex provide a work schedule for work week of Monday, June 2, 2003 thru Sunday, June 8, 2003 by 400pm, Friday, May 30, 2003). c COUNTY, at its cost, shall be responsible for any and all routine maintenance in and around the Norton Gym facility Including the parking lot areas, planter beds, entrance ways, and lawn areas, also the follOWing areas: (1) Exterior (A) Paint over graffiti as reqUired (B) Mow and edge lawns (C) Weed flower & planter beds. (D) Sweep and/or blow sidewalks, parking lots, and tennis courts. (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 (2) Interior: Janitorial services/minor repairs which shall include' (A) Vacuum rugs. (B) Clean and dust, mop floors (C) Clean restrooms and provide Janitorial supplies (D) Remove trash (E) Clean windows and walls. (F) Make minor repairs, e.g., unplugging a stopped toilet, replacing light bulbs which do not require ladders and replaCing grommets in a leaking faucet. (G) The servicing of fire extinguishers (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. 4 . . . (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 AL TERA TIONS: 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 excluded, 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. UTILITIES: 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 35% of all utility costs (I.e water, electrical and natural gas). 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, andlor liability arising out of this lease from any cause whatsoever including 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. b. 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, andlor liability arising out of thiS lease from any cause whatsoever including the acts, errors or omiSSions of any person and for any costs of expenses 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' compensation requirements under the contract 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 diligently and in good faith continues to cure the default 5 . . . 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 diligently prosecutes such cure to completion. The purpose of this notice requirement is to extend the notice requirements of the unlawful detainer statutes of California. 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 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 shall 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 Bernardino ATTN: Lemuel P. Randolph. Director Parks, Rec. & Community Services Department 547 North Sierra Way San Bernardino, CA 92410-4816 COUNTY's address: Public Works Group Real Estate Services Department 825 East Third Street. Room 207 San Bernardino, CA 92415-0832 6 . . . 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 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 CONDITIONS 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 30. reference. EXHIBITS All exhibits referred to are attached to this agreement and incorporated by 31 LAW: This agreement shall be construed and interpreted in accordance with the laws of the State of California. 32. VENUE: The parties acknowledge and agree that this agreement was entered into and intended to be performed In San Bernardino County, California. The parties agree that the venue for any action or claim brought by any party to this 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 concerning 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 Bernardino County. 33. A TTORNEY'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 attorney'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", 7 e e e 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 CITY terminates this agreement pursuant to this paragraph; the COUNTY shall have the right to receive from CITY the follOWing amounts under this agreement: a. The total amount which the CITY is entitled to receive based on the outstanding utility cost shall be paid in a lump sum Within thirty (30) calendar days of the date of termination. 35 CAPTIONS. TABLE of CONTENTS AND COVER PAGE The paragraph captions, table of contents and the cover page of this lease shall have no effect on its Interpretations. 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. COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO Chairman, Board of Supervisors By Dated. Title: Mayor Dated: SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD. Attest: By EARLENE SPROAT, Clerk of the Board Of Supervisors Title Cily Clerk By Dated: Deputy Date APPROVED AS TO FORM AND LEGAL CONTENT Approved as to Legal Form ALAN K MARKS, County Counsel JAMES F. PENMAN City Attorney By By .~ Dated ~--J /; 1-003 (As of August 13, 2003) 8 , .' REAL ESTATE SERVICES DEPARTMENT ~. . "~I ....-'-....cOt!~,...-,,"_ 9''''''''.'"''0 ""'C"! -/ .- COUNTY OF SAN BERNARDINO INTERNAL SERVICES GROUP B25 East Third Street. San Bernardino, CA 92415-0832 . Fax (909) 387-7833 Administration (909) 387-7813 Properly Management (909) 387-7832/7825 Right-aI-Way (909) 387-7829/7843 DAVID H, SLAUGHTER Director July 24, 2003 City of San Bernardino Parks & Recreation Department 547 N, Sierra Way San Bernardino, CA 92410-4816 Attention: Walt Bratten Re: San Bernardino - Probation Department - 1494 & 1554 E. Art Townsend Drive, Buildings 178 & 812 - Lease Agreement Dear Walt: Enclosed is an original and five (5) copies of the lease agreement on the above-referenced property, Please review the agreement, and if it meets with your approval, please submit it for approval by the City. Upon the City's approval, please return the original and four (4) copies to me for processing to the approving authority. Retain one (I) copy for your file, A fully executed copy will be provided after the agreement is approved by the Board. If! can be of any assistance, please call me at (909) 387-7814. Sincerely, " r"-' / ./' __// -;:- 1/ //, 0/~ ;'h-./~;;~~{:~:}~ '7 Sharon Holloway, CPM Real Property Agent SH:mf Enclosures SL-8 OFFICE m' THE CITY CLERK RACHEL G. CLARK, C.M.C. - CITY CLERK 300 North "D" Street. San Bernardino' CA 92418-0001 909.384.5002' Fax: 909.384.5158 www.ci.san~bemardino.ca.us qJ August 25, 2003 Ms. Sharon Holloway, CPM Real Property Agent Real Estate Services Department County of San Bernardino 825 E. Third Street San Bernardino, CA 92415-0832 Dear Ms. Holloway, At the Mayor and Common Council meeting of August 18, 2003, the City of San Bernardino adopted Resolution 2003-239 - Resolution authorizing execution of an agreement between the City and the County of San Bernardino Probation Department for shared use of the recreation facilities at Norton Air Force Basefor the period of July 1,2003, through June 30,2004. Enclosed are five (5) original agreements. Please obtain signatures in the appropriate location and return one original agreement to the City Clerk's Office, Attn: Michelle Taylor, P.O. Box 1318, San Bernardino, CA 92402, as soon as possible. Please be advised that the resolution and agreement will be null and void if not executed within 120 days, or by December 16, 2003. If you have any questions, please do not hesitate to contact me at (909)384-5002. Sincerely, L tiN tldtc _. ,; (p--''-- Michelle Taylor Senior Secretary Enclosure ern OF SAN BERNARDINO ADOPTED SHARED VALUES: [ntegrity . Accountability' Respect for Human Dignity' Honesty " ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): 'i>- \ 'b' Q~ Item # '2\ Vote: Ayes 1-(,' Nayse Change to motion to amend original documents: 2(:03- Z31 Absent f) Resolution # Abstain ..0 See Attached:'/ Date Returned: '<> II -0:,) See Attached: See Attached: Reso. # On Attachments: V Contract term: -- Note on Resolution of Attachment stored separately: -==-- Direct City Clerk to (circle 1): PUBLISH, POST, RECORD W/COUNTY By: Date Sent to Mayor: '6 -, "i - 0::' Date of Mayor's Signature: 'is' -1 c1-() 3 Date of ClerklCDC Signature: c,; .. ;; 0 ' O.~ Date Memo/Letter Sent for Signature: 8..)'<;"0.3 60 Day Reminder Letter Sent on 30th day: 90 Day Reminder Letter Sent on 45th day: 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): Copies Distributed to: City Attorney / Parks & Rec. / Code Compliance Dev. Services Water Public Services Police Notes: NullNoidAfter: !20 O1+7~ } I 2-1 t;,'Cj) I Reso. Log Updated: Seal Impressed: ........... ./' Yes / No By Yes NoL By Yes No~ By Yes No ,/ By ~ Yes No ,/ ~ EDA Finance MIS Others: BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc,) Ready to File: _ Date: Revised 01/12/01