HomeMy WebLinkAbout05.G- Parks, Recreation & Community Servives 5.G
RESOLUTION (ID # 3416) DOC ID: 3416 A
CITY OF SAN BERNARDINO —REQUEST FOR COUNCIL ACTION
Agreement/Contract
From: Mickey Valdivia M/CC Meeting Date: 08/18/2014
Prepared by: Demetra Moore, (909) 384-5233
Dept: Parks, Recreation& Community Ward(s): 1
Services
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the
City Manager to Execute an Agreement Between the City of San Bernardino and Public Safety
Academy for Shared Use of the Facility at the Norton Gymnasium Located at 1554 East Art
Townsend Drive. (#3416)
Current Business Registration Certificate: Not Applicable
Financial Impact:
Account Budgeted Amount: Monthly lease agreement in the amount of$2,700; Total annual
payment of$32,400
Account No. 001-380-0000-4520
Account Description: Land and Building Rental/Lease - Revenue: Parks, Recreation&
Community Services Department
Balance as of July, 2014: $0.00
Balance after approval of this item:The Parks, Recreation and Community Services Department
is requesting Council approval of a lease agreement between the City and Public Safety
Academy for shared use of the Norton Gymnasium. Monthly lease payments in the amount of
$2,700 will be deposited into the Parks,Recreation and Community Services revenue account(as
specified).
Please note this balance does not indicate available funding. It does not include non-encumbered
reoccurring expenses or expenses incurred, but not yet processed.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
2/19/2013: Resolution of the Mayor and Common Council of the City of San Bernardino
Authorizing the City Manager to Execute a Contractual Agreement Between the
City of San Bernardino and Public Safety Academy for Shared Use of the
Facilities at the Galaxy Building and Norton Recreation Center Located at 1494
and 1554 East Art Townsend Drive, for Two Years, August 1, 2012 through July
31, 2014.
9/7/2010: Mayor and Common Council authorized the City Manager to execute a
Contractual Agreement between the City of San Bernardino and the San
Bernardino City Unified School District for shared use of the recreation facilities
at the Galaxy Building and Norton Recreation Center for one year August 1, 2010
through July 31, 2011 with four optional single year renewals.
Undated: 8/13/2014 by Linda Sutherland A Packet Pg. 80
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3416
4/20/2009: Mayor and Common Council authorized the Interim City Manager to execute
Amendment No.I to the Contractual Agreement between the City of San
Bernardino and the San Bernardino City Unified School District for shared use of
the recreation facilities at the Galaxy Building and Norton Recreation Center, and
exercising the one year renewal option from August 1, 2009 through July 31,
2010.
8/6/2007: Mayor and Common Council authorized execution of a Contractual Agreement
between the City of San Bernardino and the San Bernardino City Unified School
District for shared use of the recreation facilities at the Galaxy Building and
Norton Recreation Center for the period August 1, 2007 through July 31, 2009,
with a one-year renewal option from August 1, 2009 through July 31, 2010.
Background:
Council approval is required regarding a lease agreement between the City and Public Safety
Academy(hereinafter "PSA") for shared use of the Norton gymnasium. The Norton Facility
(which includes the Norton building, annex and gymnasium) is under the care of the Parks,
Recreation and Community Services Department(hereinafter "Parks Department"). Upon
approval of the lease agreement, the Parks Department will act as an Administrator of the lease
agreement. As an Administrator,the Parks Department will monitor agreement compliance as
specified within the agreement.
PSA is an accredited charter school providing educational services to youth in grades 6 through
12. PSA primarily focuses on providing a foundation of services for students interested in
pursuing careers in public safety such as: law enforcement and fire services. PSA also provides a
paramilitary environment in which students are required to wear uniforms and participate in
drills and ceremonial exercises. PSA also cultivates student's personality characteristics such as
responsibility, integrity and pride.
For approximately seven years, the City and PSA(hereinafter"Parties")has entered into
contractual agreements for shared use of the Norton facility. The contractual agreements have
been beneficial for both parties. Both parties have mutually agreed to share use of the
gymnasium only. PSA will utilize the gymnasium Monday through Friday from 7:00 am to 5:00
pm. PSA will utilize the gymnasium for physical education courses, drills, ceremonies,various
sport practices and various sport tournaments and games. PSA will also have priority use of the
gymnasium during division championship tournaments. Both parties have mutually agreed to
allow use of the gym to YouthBuild Monday through Friday, after 5:00 p.m.
The proposed lease agreement term is for two years with the option of four 1-year renewals-
contingent upon mutual agreement by both parties. The agreement is mutually beneficial for both
parties for the following reasons: availability of services to constituents, revenue enhancements
for the City and increased contribution to the City's quality of life impact. Both Parties mutually
agree upon a monthly rental fee in the amount of$2,700 for shared use of the Norton
gymnasium. The agreement has no impact to the general fund.
City Attorney Review:
This Item Has Been Reviewed and Approved as to Form by the City Attonrey's Office. JEG
r Updated: 8/13/2014 by Linda Sutherland A I Packet Pg. 81
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3416
Supporting Documents:
Resolution- PSA Agreement (DOCX)
agrmt 3416 (PDF)
Galaxy Ballroom and Norton Gym (PDF)
Finance: Please Advise (TXT)
Updated: 8/13/2014 by Linda Sutherland A Packet Pg.82
I RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SA
3 BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND PUBLIC SAFETY
4 ACADEMY FOR SHARED USE OF THE FACILITY AT THE NORTON GYMNASIU
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LOCATED AT 1554 EAST ART TOWNSEND DRIVE.
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6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY c
OF SAN BERNARDINO AS FOLLOWS: m
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SECTION 1. That the City Manager is hereby authorized to execute a contractual
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9 agreement between the City of San Bernardino and Public Safety Academy for shared use of the v
10 Norton gymnasium located at 1554 East Art Townsend Drive, San Bernardino, CA 92408, a
11 copy of which is attached hereto, marked Exhibit"A" and incorporated herein by references as
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fully as though set forth at length; and
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4 SECTION 2. That the authorization granted hereunder shall expire and be void and of
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15 no further effect if the agreement is not executed by both parties and returned to the office of the
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16 City Clerk within sixty(60) days following the effective date of the resolution. T"
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S.G.a
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SA
BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A
2 AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND PUBLIC SAFETY
3 ACADEMY FOR SHARED USE OF THE FACILITY AT THE NORTON GYMNASIU
LOCATED AT 1554 EAST ART TOWNSEND DRIVE.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor an
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Common Council of the City of San Bernardino at a meeting, thereof, held on the m
8 day of , 2014, by the following vote to wit: o
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10 Council Members: AYES NAYS ABSTAIN ABSENT
11 MARQUEZ a
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12 BARRIOS 3
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VALDIVIA c
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SHORETT �
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1 NICKEL
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17 JOHNSON
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18 MULVIHILL aa)
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Georgeann Hanna, City Clerk °
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23 The foregoing resolution is hereby approved this day of 2014.
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25 R. CAREY DAVIS, Mayor Q
26 City of San Bernardino
Approved as to form:
27 GAREY D. SAENZ, City Attorney
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By:
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AGREEMENT BETWEEEN PUBLIC SAFETY ACADEMY
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AND CITY OF SAN BERNARDINO
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FOR LEASE OF NORTON RECREATION CENTER
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This Lease Agreement ("Lease") is made and effective August , 2014 by and between PUBLIC SAFET
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ACADEMY("Tenant")and CITY OF SAN BERNARDINO("Landlord")(collectively the"Parties"; individually E o
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"Party„).
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Landlord is the owner of land and improvements commonly known and numbered as that certain portion of 155 in
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EAST ART TOWNSEND DRIVE in the CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO.
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STATE OF CALIFORNIA, 92408 (the "Property"). This Lease covers the following portions of the Propert} _
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commonly known as the NORTON RECREATION CENTER. Cn
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THEREFORE, in consideration of the mutual promises contained herein, and other good and valuable consideration a)
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it is AGREED:
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1.TERM; TERMINATION Q
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1.1. Landlord hereby leases the Norton Recreation Center to Tenant, and Tenant hereby leases the same fro
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Landlord, for an "Initial Term" beginning August , 2014 and ending June 30, 2016. Landlord shall use its bes E
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efforts to give Tenant possession as nearly as possible at the beginning of the Lease term. If Landlord is unable t
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timely provide the Norton Recreation Center,rent shall abate for the period of delay. E
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1.2. This Lease may be terminated by either party for any reason upon thirty (30) days written notice i
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conformity with the notice requirements of Section 19.
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28 PSA NORTON RECREATION CENTER LEASE AGREEMENT Page 1 of 15
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2.RENTAL
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Tenant shall pay to Landlord during the Initial Term rent, payable in installments of $2,700.00 per month. Eac
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installment payment shall be due on the first day of each calendar month during the lease term. The rental paymen
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amount for any partial calendar months included in the lease term shall be prorated on a daily basis.
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3. USE
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Tenant shall not use the Norton Recreation Center for the purposes of storing, manufacturing or selling an U)
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explosives, tlammables or other inherently dangerous substance, chemical, thing or device. Tenant shall maintai y
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master key control for areas of exclusive Tenant use. Tenant shall provide keys to all areas of the building tc c
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Landlord within 48 hours. `t
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4. SUBLEASE AND ASSIGNMENT m
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Tenant shall not sublease all or any part of the Norton Recreation Center, or assign this Lease in whole or in pa ;v
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without Landlord's consent, such consent not to be unreasonably withheld or delayed.
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5.REPAIRS; BUILDING MAINTENANCE
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During the Lease term, Landlord shall make, at Landlord's expense, all necessary repairs to the Norton Recreatior 4i
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Center. Landlord shall professionally maintain the Norton Recreation Center including heating, air conditioning
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electrical, plumbing and water systems, if any, and keep glass, interior walls, lighting, windows and doors i Q
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operable and safe condition. Landlord shall maintain the roof, foundation,exterior walls, common areas and parkin
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lots of the Property except as provided below:
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(1) Tenant shall inspect the Property on a weekly basis and submit reports of any areas of concern to th
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Landlord immediately. Landlord shall not be liable for repairing any defects for which the Tenant has no
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notified Landlord in writing. Landlord may, at its discretion, perform inspections of the Property to ensur
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it is in good condition. Failure of Tenant to conduct weekly inspections or report areas of concern t
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Landlord may result in default.
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(2) Tenant shall be responsible for maintaining the following:
a. EXTERIOR ap
9 i. Ensuring the entire Property remains free of graffiti.
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ld ii. Mowing and edging all lawns on the Property. o
iii. Ensuring the flower and planter beds remain free of weeds. r
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iv. Sweeping and/or blowing sidewalks and parking areas.
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v. Trimming bushes and tree branches. rQ
13 vi. Cleaning windows. a
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14 vii. Removing trash and leaves. 3
viii. Making minor irrigation repairs and adjustments.
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ix. Removing dead/diseased plan materials,trees,shrubs,or other vegetation. _
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17 b. INTERIOR—Janitorial services/minor repairs,which shall include, but are not limited to:
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ii. Clean and dust,mop floors. M
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iii. Clean restrooms and locker room.
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20 iv. Provide janitorial supplies.
21 v. Remove trash.
vi. Clean windows and walls.
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vii. Repair inside plumbing,replace inside lighting. E
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23 viii. Repair inside electrical, U
24 ix. Servicing of fire extinguishers. `t
25 x. Clean and maintain ventilating system inside the Norton Recreation Center.
xi. Maintenance of burglar/fire systems and the total costs thereof, including the provision o
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an after-hours contract to the fire/alarm dispatch.
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28 PSA NORTON RECREATION CENTER LEASE AGREEMENT Page 3 of 15
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Tenant shall supply a custodian to maintain all of these items for the Norton Recreatio
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Center. Tenant shall provide the Landlord with a monthly custodial schedule in writing
3 by the I" working day of each month for said month. Failure of Tenant to perforry
4 routine custodial services as noted above within a 30-day cure date following notice b
5 Landlord,may result in defau.It. All areas of the Property, including areas under exclusiv
6 use by Landlord, shall be maintained by Tenant in the same condition as upo
commencement of this Agreement. o
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g 3 Tenants all be solely responsible for making all repairs and maintenance required as a result of(a) cause �
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9 over which Tenant has control; (b) acts or omissions of Tenant, or its authorized representatives; (c) direc =
result of Tenant use.
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11 6.ALTERATIONS AND IMPROVEMENTS v
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13 Tenant,at Tenant's expense, shall have the right with Landlord's consent to remodel, redecorate, and make additions U-
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14 improvements and replacements of and to all or any part of the Norton Recreation Center from time to time a 3.
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15 'Tenant may deem desirable, provided the same are made in a workmanlike manner and utilizing good qualit m
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16 materials. Tenant shall have the right to place and install personal property, fixtures, equipment and other tempora E
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17 installations in and upon the Norton Recreation Center, and fasten the same to the premises. All personal property
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18 equipment, machinery, fixtures and temporary installations, whether acquired by Tenant at the commencement ol `r°
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19 the Lease term or placed or installed on the Norton Recreation Center by Tenant thereafter, shall remain Tenant'
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20 property free and clear of any claim by Landlord. Tenant shall have the right to remove the same at any time during 2
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21 the term of this Lease provided that all damage to the Norton Recreation Center caused by such removal shall b
22 repaired by Tenant at Tenant's expense.
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24 7.PROPERTY TAX Q
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26 Landlord shall pay, prior to delinquency, all general real estate taxes and installments of special assessments coming
27 due during the Lease term on the Property, and all personal property taxes with respect to Landlord's persona
1%W0 28 PSA NORTON RECREATION CENTER LEASE AGREEMENT Page 4 of 15
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property, if any, on the Property. Tenant shall be responsible for paying all personal property taxes with respect t
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Tenant's personal property at the Norton Recreation Center.
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8. INSURANCE
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8.1. Tenant is to carry fire and comprehensive general liability insurance to insure Landlord against loss o 0
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damage due to fire,theft,vandalism, rain,water, criminal or negligent acts, or any other cause in an amount not les
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than $1,000,000 per occurrence with an annual aggregate of not less than $2,000,000. Tenant's liability insuranc m
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shall name Landlord as an additional insured. Tenant, upon Landlord's request, shall provide Landlord with e to
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certificate of insurance establishing Tenant's compliance. Tenant shall ensure that the premiums thereon are full
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paid on or before the due date. Tenant shall provide ten (10) days advance notice to Landlord if a policy is due t =
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expire or be canceled. The limits of the insurance shall not limit the liability of the Tenant nor relieve Tenant of an Q Cn
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obligation hereunder. All insurance by Tenant shall be primary to and not contributory with any similar insuranc
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carried by Landlord, whose insurance, if any,shall be considered excess insurance only. a�
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8.2. Tenant has been advised and understands that Landlord is self-insured. m
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9. UTILITIES d
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Landlord shall pay all charges, including applicable taxes, for water, sewer, gas, electricity, and other services anc E
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utilities used by Tenant on the Norton Recreation Center, with the exception of telephone and internet service
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during the term of this Lease unless otherwise expressly agreed in writing by Landlord. Landlord shall pay suct. E
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amounts within fifteen (15) days of invoice. Tenant acknowledges that the Norton Recreation Center is designed t
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provide standard gymnasium use electrical facilities and standard gymnasium lighting. Tenant shall not use an
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equipment or devices that utilize excessive electrical energy or which may, in Landlord's reasonable opinion
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overload the wiring or interfere with electrical services.
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28 PSA NORTON RECREATION CENTER LEASE AGREEMENT Page S of 15
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10.SIGNS
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Following Landlord's consent, Tenant shall have the right to place on the Property and in Norton Recreation Center
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at locations approved by Landlord, any signs which are permitted by applicable zoning ordinances and privat
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restrictions. Landlord may refuse consent to any proposed signage that is in Landlord's opinion too large, deceptive
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unattractive or otherwise inconsistent or inappropriate with the nature of the Property. Landlord shall assist anc o
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cooperate with Tenant in obtaining any necessary permission from governmental authorities or adjoining owner,
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and occupants for Tenant to place or construct the foregoing signs. Tenant shall repair all damage to the Norto m
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Recreation Center resulting from the removal of signs installed by Tenant. to
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11. ENTRY _
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Landlord shall have the right to enter upon the Norton Recreation Center at any time to inspect the same, provide d
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Landlord shall not thereby unreasonably interfere with Tenant's activities in the Norton Recreation Center. m
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12.PARKING
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During the term of this Lease, Tenant shall have the non-exclusive use in common with Landlord, other tenants 01 M
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the Property, their guests and invitees, of the non-reserved common automobile parking areas, driveways, anc �
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footways, subject to rules and regulations for the use thereof as prescribed from time to time by Landlord.Landlorc E
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reserves the right to designate parking areas on the Property or in reasonable proximity thereto, for Tenant anc
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Tenant's agents and employees. E
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28 PSA NORTON RECREATION CENTER LEASE AGREEMENT Page 6 of 15
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13.PROPERTY RULES
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Tenant will comply with the rules of the property adopted and altered by Landlord from time to time and will cans
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all of its agents, employees, invitees and visitors to do so; all changes to such rules will be sent by Landlord t
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Tenant in writing.
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14.DAMAGE AND DESTRUCTION L
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If the Norton Recreation Center or any part thereof or any appurtenance thereto is damaged Landlord shall promptl cn
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repair such damage at the cost of the Landlord. In making the repairs called for in this paragraph,Landlord shall no r
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be liable for any delays resulting from strikes, governmental restrictions, inability to obtain necessary materials o
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labor or other matters which are beyond the reasonable control of Landlord. Tenant shall be relieved from paying
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rent and other charges during any portion of the Lease term that the Norton Recreation Center is inoperable or unfil m
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for occupancy, or use, in whole or in part, for Tenant's purposes. Rentals and other charges paid in advance for an m
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such periods shall be credited on the next ensuing payments, if any, but if no further payments are to be made, an
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such advance payments shall be refunded to Tenant. The provisions of this paragraph extend not only to the matter m
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aforesaid, but also to any occurrence which is beyond Tenant's reasonable control and which renders the Norto
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Recreation Center, or any appurtenance thereto, inoperable or unfit for occupancy or use, in whole or in part, fo M
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Tenant's purposes. �
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15.DEFAULT
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If default shall at any time be made by Tenant in the payment of rent when due to Landlord as herein provided, an Q
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if said default shall continue for thirty (30) days after written notice thereof shall have been given to Tenant b
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Landlord,or if default shall be made in any of the other covenants or conditions to be kept, observed and performe
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by Tenant, and such default shall continue for thirty(30) days after notice thereof in writing to Tenant by Landlord
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28 PSA NORTON RECREATION CENTER LEASE AGREEMENT Page 7 of 15
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without correction thereof then having been commenced and thereafter diligently prosecuted, Landlord may declar
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the term of this Lease ended and terminated by giving Tenant written notice of such intention, and if possession o
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the Norton Recreation Center is not surrendered, Landlord may reenter said premises. Landlord shall have, i
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addition to the remedy above provided, any other right or remedy available to Landlord on account of any Tenan
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default, either in law or equity. Landlord shall use reasonable efforts to mitigate its damages.
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16.QUIET POSSESSION
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Landlord covenants and warrants that upon performance by Tenant of its obligations hereunder, Landlord will kee to
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and maintain Tenant in exclusive, quiet, peaceable, undisturbed and uninterrupted possession of the Norton
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Recreation Center during the term of this Lease.
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17. CONDEMNATION
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If any legally, constituted authority condemns the Building or such part thereof which shall make the Norto
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Recreation Center unsuitable for leasing, this Lease shall cease when the public authority takes possession, an m
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Landlord and Tenant shall account for rental as of that date. Such termination shall be without prejudice to the right Q
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of either Party to recover compensation from the condemning authority for any loss or damage caused by th M
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condemnation.Neither Party shall have any rights in or to any award made to the other by the condemning authority, T"
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18.SUBORDINATION
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Tenant accepts this Lease subject and subordinate to any mortgage, deed of trust or other lien presently existing o r
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hereafter arising upon the Norton Recreation Center, or upon the Property and to any renewals, refinancing an
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extensions thereof, but Tenant agrees that any such mortgagee shall have the right at any time to subordinate such
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mortgage, deed of trust or other lien to this Lease on such terms and subject to such conditions as such mortgage
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may deem appropriate in its discretion. Landlord is hereby irrevocably vested with full power and authority t
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subordinate this Lease to any mortgage, deed of trust or other lien now existing or hereafter placed upon the Norto
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Recreation Center or the Property, and Tenant agrees upon demand to execute such further instrument
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subordinating this Lease. Tenant agrees that it will from time to time upon request by Landlord execute and delive
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to such persons as Landlord shall request a statement in recordable form certifying that this Lease is unmodified an
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in full force and effect(or if there have been modifications,that the same is in full force and effect as so modified) o
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stating the dates to which rent and other charges payable under this Lease have been paid, stating that Landlord i CU
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not in default hereunder(or if Tenant alleges a default stating the nature of such alleged default) and further statin m
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such other matters as Landlord shall reasonably require. ci
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1.9.NOTICE T3
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Any notice required or permitted under this Lease shall be deemed sufficiently given or served if sent by Unitec W
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States certified mail,return receipt requested, addressed as follows:
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IF TO LANDLORD: IF TO TENANT: 4)
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Mickey Valdivia, Director Richard Lawhead, President
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201 North"E" Street, Ste. 301 1482 East Enterprise Drive M
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San Bernardino, CA 92401 San Bernardino,CA 92408 a
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Landlord and Tenant shall each have the right from time to time to change the place notice is to be given under thi ;
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paragraph by written notice thereof to the other Party. E
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20.BROKERS
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Tenant represents that Tenant was not shown the Norton Recreation Center by any real estate broker or agent an
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that Tenant has not otherwise engaged in any activity which could form the basis for a claim for real estat
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commission,brokerage fee,finder's fee or other similar charge,in connection with this Lease.
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21.WAIVER
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No waiver of any default of Landlord or Tenant hereunder shall be implied from any omission to take any action o tj
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account of such default if such default persists or is repeated, and no express waiver shall affect any default othe
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than the default specified in the express waiver and that only for the time and to the extent therein stated. One o =
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more waivers by Landlord or Tenant shall not be construed as a waiver of a subsequent breach of the same covenant
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term or condition. a>
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22. HEADINGS
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The headings used in this Lease are for convenience of the Parties only and shall not be considered in interpretin Q
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the meaning of any provision of this Lease. `t
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23.SUCCESSORS E
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This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, successor =E
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and permitted assigns. Q
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24.CONSENT
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Landlord shall not unreasonably withhold or delay its consent with respect to any matter for which Landlord'
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consent is required or desirable under this Lease.
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25.PERFORMANCE o
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If there is a default with respect to any of Landlord's covenants, warranties or representations under this Lease, an m
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if the default continues more than fifteen (I5) days after notice in writing from Tenant to Landlord specifying the
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default, Tenant may, at its option and without affecting any other remedy hereunder, cure such default and deduc '
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the cost thereof from the next accruing installment or installments of rent payable hereunder until Tenant shall have
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been fully reimbursed for such expenditures, together with interest thereon at a rate equal to the lessor of twelve (n
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percent (12%) per annum or the then highest lawful rate. If this Lease terminates prior to Tenant's receiving full 0)
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reimbursement,Landlord shall pay the unreimbursed balance plus accrued interest to Tenant on demand. m
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26. COMPLIANCE WITH THE LAW; NON-DISCRIMINATION
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26.1. Tenant shall comply with all laws, orders, ordinances and other public requirements now or hereafte
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pertaining to Tenant's use of the Norton Recreation Center. Landlord shall comply with all laws, orders, ordinance
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and other public requirements now or hereafter affecting the Norton Recreation Center. 1-=
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26.2. In the performance of this Lease, Tenant shall not engage in, nor permit its officers,employees or agents tc E
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engage in, discrimination of persons because of their race, religion, color, national origin, ancestry, age, mental o Q
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physical disability,medical condition, marital status, sexual gender or sexual orientation, veteran status or any oche
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status protected by law.
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28 PSA NORTON RECREATION CENTER LEASE AGREEMENT Page 11 of 15
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27.FINAL AGREEMENT
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This Lease terminates and supersedes all prior understandings or agreements on the subject matter hereof. Thi
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Lease may be modified only by a further writing that is duly executed by both Parties. This Lease is intended as th
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final expression of the Parties' agreement, and may not be contradicted by evidence of any prior agreement o
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contemporaneous oral agreement. Any provision of this Lease that is held to be invalid shall not affect the validi o
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or enforceability of any other provision of this agreement.
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28. GOVERNING LAW AND VENUE cn
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28.1. This Lease shall be governed, construed and interpreted by, through and under the Laws of the State o c
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California. `t
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28.2. The Parties hereto agree that all actions or proceedings arising in connection with this Lease shall be trie
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and litigated either in the State Courts located in the County of San Bernardino, State of California or the U.S
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District Court for the Central District of California, Riverside Division. The aforementioned choice of venue i Q
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intended by the parties to be mandatory and not permissive in nature.
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29. ATTORNEY FEES
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In any action or proceeding arising out of this Lease, the prevailing Party between Landlord and Tenant shall b w
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entitled to reasonable attorney fees and costs from the non-prevailing Landlord or Tenant. E
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28 PSA NORTON RECREATION CENTER LEASE AGREEMENT Page 12 of 15
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30.INDEMNIFICATION
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Tenant agrees to and shall indemnify and hold the Landlord, its elected officials, employees, agents o
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representatives free and harmless from all claims, actions, damages and liabilities of any kind and nature arising
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from bodily injury, including death or property damage,based or asserted upon any actual or alleged act or omissio
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of Tenant, its employees, agents, concessionaires or subcontractors relating to or in any way connected with thi
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Agreement unless the bodily injury or property damage was actually caused by the sole negligence of the Landlord
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its elected officials, employees, agents or representatives. As part of the foregoing indemnity Tenant agrees t m
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protect and defend at its own expense, including attorneys' fees, the Landlord, its elected officials, employees
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agents or representatives from any and all legal actions based upon such actual or alleged acts or omissions. Tenan }'
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hereby waives any and all rights to any types of express or implied indemnity against the Landlord, its electe
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officials, employees, agents or representatives with respect to third party claims against the Tenant relating to or i N
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any way connected with this Agreement.
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31. AMERICANS WITH DISABILITIES ACT a0i
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In the event that as a result of Tenant's use, or intended use, of the Norton Recreation Center the Americans wit
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Disabilities Act or any similar taw requires modifications or the construction of improvement in or to the Norto
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Recreation Center or Property, the Parties agree that such modifications, construction or improvements shall b M
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made at Tenant's expense. E
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32. COUNTERPARTS E
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This Lease may be executed in counterparts,each of which shall be deemed to be an original, but all of which,take
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together, shall constitute one and the same agreement.
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28 PSA NORTON RECREATION CENTER LEASE AGREEMENT Page 13 of 15
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33.FORCE MAJEURE
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A party shall not be liable for any failure of or delay in the performance of this Lease for the period that such failure
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or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war,strikes or labo
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disputes, embargoes,government orders or any other force majeure event.
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34.INTERPRETATION
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As this agreement was jointly prepared by both parties, the language in all parts of this agreement shall be construed ?
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in all cases,according to it fair meaning, and not for or against either party hereto.
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35. SURVIVAL Cn
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The obligations of the parties which, by their nature, continue beyond the term of this lease, will survive the
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termination of this lease. a)
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28 PSA NORTON RECREATION CENTER LEASE AGREEMENT Page 14 of 15
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AGREEMENT BETWEEEN PUBLIC SAFETY ACADEMY
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AND CITY OF SAN BERNARDINO
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FOR LEASE OF NORTON RECREATION CENTER
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LANDLORD AND TENANT HAVE CAREFULLY READ AND REVIEWED THIS LEASE AND EACH
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TERM AND PROVISION CONTAINED HEREIN,AND BY THE EXECUTION OF THIS LEASE SHOW
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THEIR INFORMED AND VOLUNTARY CONSENT THERETO. THE PARTIES HEREBY AGREE
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THAT, AT THE TIME THIS LEASE IS EXECUTED, THE TERMS OF THIS LEASE ARE m
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COMMERCIALLY REASONABLE AND EFFECTUATE THE INTENT AND PURPOSE OF THE
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LANDLORD AND TENANT WITH RESPECT TO THE NORTON RECREATION CENTER AN r
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PUBLIC SAFETY ACADEMY CITY OF SAN BERNARDINO 0
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Executed: Executed:
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At: ,CA At: , CA ar
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On: l /2014 On: / /2014
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By: _._ By:
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Its: _ Allen Parker, City Manager
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Approved as to Form: E
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GARY D. SAENZ,CITY ATTORNEY
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BY C
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28 PSA NORTON RECREATION CENTER LEASE AGREEMENT Page 15 of 15
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