HomeMy WebLinkAbout05.L- Parks, Recreation & Community Services RESOLUTION (ID # 3525) DOC ID: 3525 A
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Agreement/Contract
From: Mickey Valdivia M/CC Meeting Date: 11/17/2014
Prepared by: Demetra Moore, (909) 384-
5233
Dept: Parks, Recreation & Community Ward(s): 6
Services
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing
the City Manager to Execute a Lease Agreement Between the City of San Bernardino
and Youthpower Community Solutions for Use of Nicholson Community Center. (#3525)
Current Business Registration Certificate: Not Applicable
Financial Impact:
Account Budgeted Amount: 0.00
Account No. 001-380-0000-4520
Account Description: Land and Building Rental/Lease
Balance as of October, 2014: 0.00
AF A Balance after approval of this item: $1,974.45
YouthPower and the City has agreed to a monthly fee of $1,974.45 which will cover
utilitie
Please note this balance does not indicate available funding. It does not include non-
encumbered reoccurring expenses or expenses incurred, but not yet processed.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
No prior action taken
Background:
Council approval is required regarding a lease agreement between the City and
YouthPower Community Solutions, (dba YouthBuild USA)for use of the Nicholson
Community Center(hereinafter"Nicholson"). Nicholson was operated and monitored by
the Parks, Recreation and Community Services Department (hereinafter "Parks
Department"). Due to budgeting constraints, services at Nicholson was suspended.
Partnerships with other agencies and the community has been an ongoing endeavor in
order to continue occupancy at our City's facilities. Nicholson is a popular facility in
which the Parks Department has received many inquiries regarding potential
occupancy. The Parks Department believes it would be advantageous for the City to
enter an agreement with YouthPower Community Solutions for use of Nicholson.
In 2010,YouthBuild USA became an established 501 (c) 3 non-profit organization
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3525
serving under-privileged youth throughout Los Angeles, San Diego, and San Bernardino
County. YouthBuild offers youth (between the ages of 16-24) the opportunity to earn a
high school diploma through the YouthBuild Charter School of California. YouthBuild
operates under the mission statement which is "...to provide the necessary tools to
educate, train and employ the underprivileged youth and young adults." YouthBuild will
utilize the Norton Facility as a charter school offering students a full-time high school
experience. The Norton Facility will be used for classroom use, physical activities and
various academic electives.
YouthBuild provides an academic core curriculum in compliance with State of California
educational code and regulations. YouthBuild is an organization that cultivates its
students through vocational training, business entrepreneurship and post-secondary
education. In addition, YouthBuild provides elective courses which prepares students for
employment opportunities. YouthBuild provides elective courses such as: construction
training, green jobs training, video and media courses, entrepreneurship program,
culinary arts, nursing program, etc.
The proposed lease agreement term is for five years with the option of two 1-year
renewals-contingent upon mutual agreement by the City and YouthBuild (hereinafter
"Parties"). The agreement is mutually beneficial for both parties for the following
reasons: availability of services for constituents, revenue enhancements for the City and
increased contribution to the City's quality of life impact. Both Parties have mutually
agreed upon a monthly rental fee in the amount of$1,974.45. The agreement has no
impact to the general fund.
City Attorney Review:
Supporting Documents:
Resolution YouthBuild - Nicholson 110314 (DOCX)
agrmt 3525 (PDF)
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1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SA ,
3 BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A LEAS
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND YOUTHPOWEIR v
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4 COMMUNITY SOLUTIONS FOR USE OF NICHOLSON COMMUNITY CENTER.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF E
6 SAN BERNARDINO AS FOLLOWS: v
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7 SECTION 1. That the City Manager is hereby authorized to execute a lease agreement s
8 between the City of San Bernardino and YouthPower Community Solutions for use of the
9 Nicholson Community Center located at 2750 West 2nd Street, San Bernardino, CA 92410, a
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copy of which is attached hereto, marked Exhibit "A" and incorporated herein by references as
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12 fully as though set forth at length; and
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13 SECTION 2. That the authorization granted hereunder shall expire and be void and of
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14 no further effect if the agreement is not executed by both parties and returned to the office of the o
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City Clerk within sixty(60) days following the effective date of the resolution. N
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SA
BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A LEAS
2 AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND YOUTHPOWEIR
3 COMMUNITY SOLUTIONS FOR USE OF NICHOLSON COMMUNITY CENTER.
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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 C
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7 day of , 2014, by the following vote to wit: o
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Council Members: AYES NAYS ABSTAIN ABSENT
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10 MARQUEZ E
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11 BARRIOS a
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12 VALDIVIA
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SHORETT m
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,: NICKEL 0
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JOHNSON N
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17 MULVIHILL
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19 Georgeann Hanna, City Clerk 0
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The foregoing resolution is hereby approved this day of , 2014.
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23 R. CAREY DAVIS, Mayor >-
City of San Bernardino 0
24 Approved as to form:
25 GARY D. SAENZ, City Attorney
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LEASE AGREEMENT
CITY OF SAN BERNARDINO
and
YOUTHPOWER COMMUNITY SOLUTIONS,INC.
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CITY: CITY OF SAN BERNARDINO v
300 North "D" Street
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San Bernardino, CA 92418 '
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LESSEE: YOUTHPOWER COMMUNITY SOLUTIONS, INC. N
606 East Mill Street, Building B
San Bernardino, CA 92408 .z
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ADDRESS: Nicholson Park Family Learning&Community Resource Center
2750 West 2nd Street Q
San Bernardino,CA 92410 N
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TERM OF LEASE: Three (3) Years with Two (2) One-Year Options -a
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COMMENCEMENT: December 13, 2014. 0
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LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND YOUTHPOWER
COMMUNITY SOLUTIONS,INC FOR NICHOLSON CENTER
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1. PARTIES.
This Lease AGREEMENT (the "AGREEMENT") is entered into this — day of ,
20_,BY AND BETWEEN
the City of San Bernardino, a Charter City organized under the laws of the State of L
California, with an address of 300 N. "D" Street, San Bernardino, California (the
"CITY"); v
AND,
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YouthPower Community Solutions, a corporation incorporated under the laws of the v
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State of California and having its principal place of business at 606 East Mill Street, 0
Building B, San Bernardino, CA 92408 (the "LESSEE") (individualIy CITY or LESSEE s°
may be referred to as a"PARTY" and collectively CITY and LESSEE may be referred to z
as the"PARTIES")
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WHO AGREE AS FOLLOWS:
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2. PREMISES LEASED. N
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CITY leases to LESSEE and LESSEE leases from CITY the Nicholson Park Family Learning&
Community Resource Center (the "PREMISES"), a 5,000 square foot community center at
Nicholson Park. The PREMISES is located at 2750 West 2r'd Street in the City of San Bernardino m
and County of San Bernardino and contains a multi-purpose room, a game room, an exercise o
room,baseball fields and a kitchen. >-
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3. TERM. N LO
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The AGREEMENT's initial term ("INITIAL TERM") shall commence on December 13, 2014 M
("COMMENCEMENT DATE") and end on December 31, 2017 ("ENDING DATE"'). E
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4. RENT. »�
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4.1 LESSEE shall pay to CITY the following rental payments in advance on the first
day of each month, commencing on COMMENCEMENT DATE, and continuing Q
through the INITIAL TERM.
December 13, 2014- $1,210.15.
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COMMUNITY SOLUTIONS,INC FOR NICHOLSON CENTER
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January 1, 2015 and continuing in advance on the first day of each month
thereafter until December 31, 2017- $1,974.45.
4.2 Rent for any partial month shall be prorated based on the actual number of days of
the month. CITY shall accept all rent and other payments from LESSEE under
this AGREEMENT via electronic funds transfer directly deposited into the
CITY's designated checking or other bank account or any other means mutually v
agreed upon b the CITY and LESSEE. CITY shall
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directions, information, and forms necessary to process EFT payments. E
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5. OPTION TO EXTEND TERM. v
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CITY gives to LESSEE the option to extend the term of the LEASE on the same provisions and
conditions, except for monthly rent, for two (2) one-year periods ("EXTENDED TERMS") z
following expiration of the INITIAL TERM., by LESSEE giving notice of its intention to 4�
exercise the option to CITY prior to the expiration of the preceding term or during any holding E
over pursuant to SECTION 7, HOLDING OVER. The rent for each extended teen shall be
adjusted by good faith negotiations of the PARTIES to the fair market rental rate then prevailing Q
based on the rental rates of comparable leased property in the City of San Bernardino. N
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6. RETURN OF PREMISES. M
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The LESSEE, agrees that it will, upon termination of this AGREEMENT, return the PREMISES
in as good condition and repair as the PREMISES now are or shall hereafter be put; reasonable 0
wear and tear excepted.
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7. HOLDING OVER. M
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In the event the LESSEE shall hold over and continue to occupy the PREMISES with the
consent of the CITY, whose consent shall only be given in writing and in the sole discretion of
CITY, the tenancy shall be deemed to be a tenancy from month-to-month upon the same terms ;
and conditions, including rent, as existed and prevailed at the time of the expiration of the term m
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of this AGREEMENT.
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S. TAXES.
CITY shall pay all real property taxes, and general and special assessments levied and assessed
against the PREMISES.
9. USE.
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LESSEE shall occupy and use the PREMISES during the tern hereof exclusively for the v
operation of a charter school and educational facility in compliance with all federal, state, and
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local laws. '
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10. HEALTH, SAFETY, AND FIRE CODE REQUIREMENTS. v
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10.1 CITY shall, at its sole expense, ensure that the PREMISES meets the applicable
requirements of all Health, Safety, Fire and Building Codes, statutes, regulations z
and ordinances for public and governmental buildings including any requirements R
for a notice of completion, certificate of occupancy, or California Title 24
requirements. 0
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10.2 CITY shall, at its sole expense, ensure that the PREMISES meets the applicable N
requirements of the Americans with Disabilities Act("ADA"). d
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11. SIGNS.
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LESSEE will display from windows and/or marquee of the PREMISES only such sign or signs 0
as are not prohibited by law.
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12. MAINTENANCE. M
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12.1 CITY shall, at its sole expense, perform such inspections, maintenance and repairs
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are necessary to ensure that all portions of the PREMISES, including but not a,
limited to the following, are at all tunes in good repair and safe condition: to
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12.1.1 The structural parts of the building and other improvements that are a part
of the PREMISES, which structural parts include the foundations, bearing Q
and exterior walls (including glass and doors), subflooring, and roof;and,
LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND YOUTHPOWER
COMMUNITY SOLUTIONS,INC FOR NICHOLSON CENTER
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12.1.2 The electrical, plumbing, and sewage systems, including, without
limitation, those portions of the systems owned or controlled by CITY
lying outside the PREMISES; and,
12.1.3 Window frames, gutters, and downspouts on the building and other
improvements that are a part of the PREMISES; and, i
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1.2.1.4 Heating, ventilation and air conditioning (HVAC) systems servicing the v
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PREMISES including changing heating and air-conditioning filters every
four(4) months; and, '
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12.1.5 The grounds, including all parking areas and outside lighting, grass, trees, v
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shrubbery and other flora; and,
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12.1.6 LESSEE shall, at its sole expense, provide janitorial services, keep the z
interior of the PREMISES in a clean and orderly condition, reasonable
wear and tear excluded, and undertake minor maintenance of the interior
PREMISES such as unstoppage of toilets and changing of light bulbs and 4)
serving of the fire extinguisher or any other fire suppression equipment a
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12.2 LESSEE shall at regular intervals, but no less than monthly, conduct an inspection -e
of the PREMISES to determine if any maintenance or repair is necessary. m
LESSEE shall communicate the necessity for maintenance or repair to the CITY
in writing in conformity with Section 24, NOTICE. if LESSEE gives notice to 0
CITY of a condition requiring maintenance or repair, CITY shall use its best
efforts to diligently commence the performance of its maintenance or repair M
obligations within a reasonable time of receiving such notice. In the case of an
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emergency where maintenance or repair must occur immediately and CITY is M
unable to perform its obligation to maintain or repair immediately, LESSEE may
perform maintenance or repair. CITY shall deduct the sum of LESSEE's actual
and reasonable expenses of performing emergency maintenance or repair from c
LESSEE's future rental payments until LESSEE is reimbursed in full upon °'
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presentation of receipts and/or other documentation supporting the amount U
expended. Q
LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND YOUTHPOWER
COMMUNITY SOLUTIONS,INC FOR NICHOLSON CENTER
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13. ALTERATIONS.
Upon thirty (30) days' notice to the CITY and with the CITY's consent, which shall be given in
writing at the sole discretion of CITY, LESSEE may place modular units to serve as office and
classroom space, or modify existing building structures on the PREMISES, but solely at expense
of LESSEE. Any and all permit acquisition and installation of utility lines are the sole L
responsibility of the LESSEE. Upon termination of this AGREEMENT, LESSEE shall remove c
said modules at its own expense and leave the PREMISES in the same condition it was at the v
time such modules were placed there, unless the PARTIES mutually agree to maintain the
modules on the PREMISES.
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14. FIXTURES. v
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LESSEE shall have the right during the term(s) of this AGREEMENT to install shelving and
fixtures, and make interior, non-structural improvements or alterations on the PREMISES. Such 'z
shelving, fixtures, improvements, and alterations shall remain property of the LESSEE and may
be removed by the LESSEE during the term(s) of this AGREEMENT or within a reasonable 0
time thereafter, provided that the LESSEE restores the PREMISES to the condition as it existed 4)
at the commencement of this AGREEMENT, reasonable wear and tear excluded, or the LESSEE 4
may elect, with CITY's written consent to be given at CITY's sole discretion, to surrender all or y
any part of such shelving, fixture, improvements and alterations, to the CITY, in which case a
LESSEE shall have no duty to restore the PREMISES. -a
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15. UTILITIES. r
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CITY shall furnish to the PREMISES and CITY shall pay all service charges and related taxes
for electric, gas, water, sewer, trash, fire alarm service and all other utilities. LESSEE shall M
furnish and pay for its own security,telephone, cable, and internet services.
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16. HOLD HARMLESS.
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LESSEE agrees to and shall indemnify and hold the CITY, its elected officials, employees,
agents, or representatives, free and harmless from all claims, actions, damages and liabilities of
any kind and nature arising from bodily injury, including death, or property damage, based or 0
asserted upon any actual or alleged act or omission of LESSEE, its employees, agents, or a
subcontractors, arising, relating to, or in any way connected with the performance under this
AGREEMENT, unless the bodily injury or property damage was actually caused by the sole
negligence of the CITY, its elected officials, employees, agents or representatives. As part of the
LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND YOUTHPOWER
COMMUNITY SOLUTIONS,INC FOR NICHOLSON CENTER
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foregoing indemnity, LESSEE agrees to protect and defend at its own expense, including
attorney's fees, the CITY, its elected officials,employees, agents or representatives from any and
all legal actions based upon such actual or alleged acts or omissions. LESSEE hereby waives
any and all rights to any types of express or implied indemnity against the CITY, its elected
officials, employees, agents or representatives, with respect to third party claims against the
LESSEE relating to or in any way connected with the accomplishment of the work or L
performance of services under this AGREEMENT.
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17. INSURANCE. r
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17.1 CITY is a self-insured public entity for the purposes of professional liability, E
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general liability, and workers' compensation. U
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17.2 LESSEE shall obtain and maintain during the life of this AGREEMENT all of the
following insurance coverage: Z
17.2.1 Comprehensive general liability, including premises-operations, d
products/completed operations, broad form property damage, blanket
contractual liability, fire, premises liability, and personal injury with a Q
policy limit of not less than One Million Dollars ($1,000,000.00), y
combined singles limits, per occurrence and aggregate.
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17.2.2 Automobile liability for owned vehicles, hired, and non-owned vehicles, m
with a policy limit of not less than One Million Dollars ($1,000,000.00),
combined single limits, occurrence and aggregate. 0
17.2.3 Worker's compensation insurance as required by the State of California. M
17.3 The comprehensive general liability insurance policy shall contain or be endorsed ,`;
to contain the following provisions:
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17.3.1 Additional insureds: "The City of San Bernardino and its elected and ;4
appointed boards, officers, agents, and employees are additional insureds
with respect to this subject project and contract with City."
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17.3.2 Notice: "Said policy shall not terminate, nor shall it be cancelled, nor the
coverage reduced, until thirty (30) days after written notice is given to
City."
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17.3.3 Other insurance: "Any other insurance maintained by the City of San
Bernardino shall be excess and not contributing with the insurance
provided by this policy."
17.4 LESSEE shall provide to CITY certificates of insurance showing the insurance
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coverages and required endorsements described above, in a form and content c
approved by CITY,prior to performing any services under this AGREEMENT. v
17.5 Nothing in this Section shall be construed as limiting in any way, the
indemnification provision contained within this AGREEMENT, or the extent to E
which LESSEE may be held responsible for payments of damages to persons or v
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18. DESTRUCTION OF PREMISES. z
18.1 During the term(s) of this AGREEMENT, if any casualty, other than resulting
from LESSEE's use of the PREMISES, renders a portion of the PREMISES
unusable for the purpose intended, then CITY shall, at CITY's sole expense, a,
restore the PREMISES and repair any damages caused by such casualty as soon
as reasonable possible and this AGREEMENT shall continue in full force and
effect. if CITY does not commence the restoration of the PREMISES in a J
substantial and meaningful way within thirty (30) days following the CITY's n
receipt of written notice of the casualty, or should CITY fail to diligently pursue .�
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completion of the restoration of the PREMISES, or if the time required to restore o
the PREMISES is estimated to exceed ninety (90) days, LESSEE may, at its
option, terminate this AGREEMENT immediately upon written notice to the N
CITY. If LESSEE elects to terminate this AGREEMENT pursuant to this section,
LESSEE shall be discharged from all future obligations under this N
AGREEMENT.
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18.2 In the event there is a destruction of a portion of the PREMISES as set out in
Subsection 18.1 above, there shall be an abatement or reduction in the rent 0
between the date of the destruction and the date of completion of the restoration
or the date of the termination of the AGREEMENT, whichever comes first. The
abatement or reduction in rent shall be in proportion to the degree to which Q
LESSEE's use of the PREMISES is impaired.
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18.3 In the event the CITY is required to restore PREMISES as provided in Subsection
18.1 above, CITY shall not be required to restore any structure or exterior
improvements or alterations made to the PREMISES by LESSEE pursuant to
Section 13, Alterations above or any shelving, fixtures, or interior nonstructural
improvements or alterations made by LESSEE pursuant to Section 14, Fixtures
above.
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18.4 If any casualty resulting from LESSEE's use of the PREMISES renders the v
PREMISES unusable for the purposes intended, or for any other purpose, then �
LESSEE shall, at LESSEE's sole expense, restore the PREMISES and repair any E
damages caused by such casualty as soon as reasonably possible and this c
AGREEMENT shall continue in full force and effect. v
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18.5 It is the purpose and intent of Subsections 18.1 through 18.4, inclusive, to
determine what PARTY shall bear the initial responsibility for restoration of the z
PREMISES in the event of any such destruction and not to determine the PARTY
ultimately responsible for the costs of such restoration. 4)
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19. CITY'S DEFAULT. a�
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Except where another time limit is specifically provided, CITY shall be in default of this J
AGREEMENT if CITY fails or refuses to perform any material provisions of this -e
AGREEMENT and such failure or refusal to perform is not cured within thirty (30) days m
following CITY's receipt of written notice of default from LESSEE. If the default cannot be
reasonably cured within thirty (30) days, CITY shall not be in default of this AGREEMENT if o'
CITY commences to cure the default within the thirty (30) day period and diligently and in good Ln
faith continues to cure the default. to
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20. LESSEE'S REMEDIES ON CITY'S DEFAULT. n
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LESSEE, at any time after CITY is in default, can terminate this AGREEMENT immediately 0
upon written notice to CITY or can cure the default. If LESSEE at any time, by reason of CITY's
default, pays any sum or does any act that requires the payment of any sum, the sum paid by E
LESSEE shall have the right to withhold from future rent due the sum LESSEE has paid until
LESSEE is reimbursed in full for the sum. The remedies set forth in this section are in addition Q
to and do not in any manner limit other remedies set forth in particular sections of this
AGREEMENT.
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21. LESSEES DEFAULT.
The occurrence of any one or more of the following events shall constitute a default and breach
of this AGREEMENT by LESSEE:
21.1 The vacating for more than thirty (30) consecutive days or abandonment of the L
PREMISES by LESSEE.
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21.2 The failure of LESSEE to perform any material provisions of this AGREEMENT
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to be performed by LESSEE, including the payment of rent, upon written notice
by CITY to LESSEE. c
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21.3 It is not the purpose of this section to extend the notice requirements of the 0
unlawful detainer statutes in California.
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22. CITY'S REMEDIES ON LESSEE'S DEFAULT.
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It is not the purpose of this section to extend the notice requirements of the unlawful detainer
statutes in California. The remedies contained herein are in addition to, and not in lieu of, any a
other remedies available to CITY under relevant state law. u,
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22.1 In the event of any default by LESSEE, which is not cured by LESSEE, CITY
may, at its election, terminate this AGREEMENT by giving LESSEE thirty (30) m
days' notice of termination. r
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22.2 On termination of this AGREEMENT for default pursuant to this section, CITY
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shall have the right to recover from LESSEE all amounts for any and all damages, M
which may be the direct or indirect result of such default, including, but not
limited to: "'
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22.2.1 The worth, at the time of the award, of the unpaid rent that has been a,
earned at the time of the termination of the AGREEMENT;and,
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22.2.2 The worth, at the time of the award, of the amount by which unpaid rent
that would have been earned after the date of termination of this
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AGREEMENT until the time of award exceeds the amount of the loss of
rent that CITY proves could not have been reasonably avoided;and,
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22.2.3 The worth, at the time of the award, of the amount by which the unpaid
rent for the balance of the term after the time of award exceeds the amount
of the loss of rent that CITY proves could not have been reasonably
avoided; and,
22.2.4 Any other amount necessary to compensate the CITY for all detriment L
proximately caused by LESSEE's default which city proves could not c
have been reasonably avoided, U
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22.2.5 "The worth, at the time of the award," as used in this section, is to be E
computed by allowing interest at the maximum rate CITY is permitted by c
law to charge or computed by discounting the arnount at the discount rate v
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of the Federal Reserve Bank of San Francisco at the time of the award, (n
plus one percent(1%).
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23. CITY'S ACCESS TO PREMISES.
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CITY and its authorized representatives shall have the right to enter the PREMISES at all m
reasonable times for any of the following conditions: Q
23.1 To determine whether the PREMISES are in good condition; and, J
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23.2 To do any necessary maintenance and to make any restoration to the PREMISES m
that CITY has the right or obligation to perform; and, r
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23.3 To serve, post, or keep posted any notices required by law; and,
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23.4 To post "for sale" signs at any time turning the ten-n, to post "for rent" or "for
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lease" signs during the Iast three(3) months of the term;and, M
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23.5 To show the PREMISES to prospective brokers, agents, buyers, tenants, lenders
or persons interested in an exchange, at any time during the term; and,
23.6 For any other lawful purpose.
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CITY shall conduct its activities on the PREMISES as allowed in this section in a manner that a
will reduce possible inconvenience, annoyance, or disturbance to LESSEE.
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COMMUNITY SOLUTIONS,INC FOR NICHOLSON CENTER
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24. NOTICES.
Any notices, documents, correspondence, or other communication concerning this
AGREEMENT or the services provided hereunder may be provided by personal delivery or U.S.
Mail. If personally delivered the notice shall be deemed delivered at the time of the personal
delivery. If sent by U.S. Mail the notice shall be deemed delivered forty-eight (48) hours after L
deposit in the U.S. Mail as reflected by the official U.S. postmark.
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TO THE CITY: TO THE LESSEE:
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Mickey Valdivia, Director Leilani Palmer E
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Parks Department YouthPower Community Solutions C
201 N"E" Street, Ste. 301 606 East Mill Street, Building B y
San Bernardino, CA 92401 San Bernardino, CA 92408
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Either PARTY may change the address for delivery of notices by sending notice of the change to
the other PARTY in conformity with this Section.
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25. ASSIGNMENT. a,
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LESSEE shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or
any part of the LESSEE's interest in this AGREEMENT without CITY's prior written consent. -Ja
Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute m
a breach of this AGREEMENT and cause for the termination of this AGREEMENT. Regardless Y
of CITY's consent, no subletting or assignment shall release LESSEE of LESSEE's obligation to 0
perform all other obligations to be performed by LESSEE hereunder for the term of this ;n
AGREEMENT. C4
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26. ENTIRE AGREEMENT. 04
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This AGREEMENT constitutes the entire agreement and the understanding between the 0
PARTIES, and supersedes any prior agreements and understandings relating to the subject matter
of this AGREEMENT.
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LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND YOUTHPOWER
COMMUNITY SOLUTIONS,INC FOR NICHOLSON CENTER
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27. REMEDIES; WAIVER.
All remedies available to either PARTY for one or more breaches by the other PARTY are and
shall be deemed cumulative and may be exercised separately or concurrently without waiver of
any other remedies.
The delay or failure of either PARTY to require performance or compliance of the other of any c
of its obligations under this AGREEMENT shall in no way be deemed a waiver of those rights to v
require such performance or compliance.No waiver of any provision of this AGREEMENT shall
be effective unless made in writing and signed by a duly authorized representative of the PARTY E
against whom it is sought. The waiver of any right or remedy with respect to any occurrence or E
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event shall not be deemed a waiver of such right or remedy with respect to any future V
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occurrences or events and shall not be deemed a continuing waiver. 0
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28. AMENDMENT. Z
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No amendment to this AGREEMENT will be effective unless it is in writing and signed by both
PARTIES.
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29. SUCCESSORS AND ASSIGNS.
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This AGREEMENT shall be binding on and inure to the benefit of the PARTIES to this
AGREEMENT and their respective heirs, representatives, successors, and assigns. m
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30. SEVERABILITY.
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If any provision of this AGREEMENT is determined by a court of competent jurisdiction to be
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invalid or unenforceable for any reason, such determination shall not affect the validity or Ln
enforceability of the remaining terms and provisions hereof or of the offending provision in any w
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other circumstance, and the remaining provisions of this AGREEMENT shall remain in full
force and effect.
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31. TIME OF ESSENCE.
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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.
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COMMUNITY SOLUTIONS,INC FOR NICHOLSON CENTER
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32. QUIET ENJOYMENT.
Subject to the provisions of this AGREEMENT and conditioned upon performance of all the
provisions to be performed by LESSEE hereunder, CITY shall secure to LESSEE during the
AGREEMENT term the quiet and peaceful possession of the PREMISES and all rights and L
privileges appertaining thereto.
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33. PROVISIONS ARE COVENANTS AND CONDITIONS. r
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All provisions, whether covenants or conditions, on the part of either PARTY shall be deemed E
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34, CONSENT.
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Whenever consent or approval of either PARTY is required that PARTY shall not unreasonably
withhold, condition, or delay such consent or approval, unless the provision providing for such
consent or approval specifically provides such consent or approval may be given in the
PARTY's discretion.
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35. EXHIBITS.
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All exhibits referred to are attached to this AGREEMENT and incorporated by reference.
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36. LAW. o
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This AGREEMENT shall be governed and construed under the laws of the State of California LO
without giving effect to that body of laws pertaining to conflict of laws. LO
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37. VENUE.
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The parties hereto agree that all actions or proceedings arising in connection with this
AGREEMENT shall be tried and litigated either in the Superior Court of the State of California E
for the County of San Bernardino or the United States District Court for the Central District of -�
California, Riverside Division. The aforementioned choice of venue is intended by the parties to a
be mandatory and not permissive in nature.
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COMMUNITY SOLUTIONS,INC FOR NICHOLSON CENTER
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38. ATTORNEY'S FEES AND COSTS.
In the event that litigation is brought by any PARTY in connection with this AGREEMENT, the
prevailing party shall be entitled to recover from the opposing party all costs and expenses,
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its
rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions L
hereof. The costs, salary and expenses of the City Attorney and members of his/her office in c
enforcing this AGREEMENT on behalf of the CITY shall be considered as "attorneys' fees" for v
the purposes of this section.
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41. RIGHT TO TERMINATE. o
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This AGREEMENT may be terminated at any time by thirty (30) days written notice by either 0
j PARTY for any reason or no reason. In the event that LESSEE terminates this AGREEMENT °c
pursuant to this section, the CITY shall have the right to receive from LESSEE only the rent z
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which would have been earned at the date of termination of this AGREEMENT.
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42. HEADINGS.
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The subject headings of the sections of this AGREEMENT are included for the purposes of N
convenience only and shall not affect the construction or the interpretation of any of its J
provisions. .a
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43. SURVIVAL.
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The obligations of the PARTIES that, by their nature, continue beyond the term of the
AGREEMENT, will survive the termination of the AGREEMENT. LO
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44. ESTOPPEL CERTIFICATE. ,N
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Each PARTY within thirty (30) days after notice from the other PARTY shall execute and a�
deliver to the other PARTY, in recordable form, a certificate stating that this AGREEMENT is
unmodified and in full force and effect, or in full force and effect as modified, and stating the °'
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modifications. The certificate also shall state the amount of minimum monthly rent, the dates to
which the rent has been paid in advance, the amount of any security deposit or prepaid rent, and Q
that there are no uncured defaults or specifying in reasonable detail the nature of any uncured
default claimed. Failure to deliver this certificate within thirty (30)days shall be conclusive upon
the PARTY requesting the certificate any successor to the PARTY requesting the certificate, that
LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND YOUTHPOWER
COMMUNITY SOLUTIONS,INC FOR NICHOLSON CENTER
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this AGREEMENT is in full force and effect and has not been modified except as may be
represented by the PARTY requesting the certificate, and that there are no uncured defaults on
the part of the PARTY requesting the certificate.
45. PUBLIC RECORDS DISCLOSURE.
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All information received by CITY concerning this AGREEMENT, including the AGREEMENT
itself, may be treated as public information subject to disclosure under the provisions of the v
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California Public Records Act, Government Code Section 6250 et seq. (the "Public Records
Act"). The PARTIES understand that although all materials received in connection with this E
AGREEMENT are intended for the exclusive use of the PARTIES, they are potentially subject c
to disclosure under the provisions of the Public Records Act.
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46. CONDITION OF PREMISES.
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The CITY shall take reasonable efforts to deliver the PREMISES to LESSEE clean and free of
debris on the COMMENCEMENT DATE but makes no warranty as to the condition of the E
PREMISES on COMMENCEMENT DATE or the PREMISES' suitability for a particular use.
LESSEE agrees that it has not relied upon any representation by CITY as to the condition of the a
PREMISES or the PREMISES' suitability for a particular use when determining whether to enter y
into this AGREEMENT.
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47. CONDEMNATION. m
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If any legally, constituted authority condemns the PREMISES or such part thereof which shall o'
make the PREMISES unsuitable for leasing, this AGREEMENT shall cease when the public ,O
authority takes possession, and CITY and LESSEE shall account for rental as of that date. Such M
termination shall be without prejudice to the rights of either PARTY to recover compensation n
from the condemning authority for any loss or damage caused by the condemnation. Neither M
PARTY shall have any rights in or to any award made to the other by the condemning authority.
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48. MATERIAL REPRESENTATION.
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If during the course of the administration of this AGREEMENT, a PARTY determines that the
other PARTY has made a material misstatement or misrepresentation or that materially a
inaccurate information has been provided to the PARTY, this AGREEMENT may be
immediately terminated. If this AGREEMENT is terminated according to this section, the
terminating PARTY is entitled to pursue any available legal remedies.
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COMMUNITY SOLUTIONS,INC FOR NICHOLSON CENTER
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49. INTERPRETATIONS.
The PARTIES have participated jointly in the negotiation and drafting of this AGREEMENT. In
the event an ambiguity or question of intent or interpretation arises with respect to this
AGREEMENT, this AGREEMENT shall be construed as if drafted jointly by the .PARTIES and L
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in accordance with its fair meaning. There shall be no presumption or burden of proof favoring
or disfavoring any Party by virtue of authorship of any of the provisions of this AGREEMENT. v
50. COUNTERPARTS. E
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This AGREEMENT may be executed in counterparts, each of which shall be deemed to be an r_
original, but all of which, taken together, shall constitute one and the same agreement. In the
event that any signature is delivered by facsimile transmission or by e-mail delivery of a ".pdf'
format data file, such signature shall create a valid and binding obligation of the PARTY z
executing (or on whose behalf such signature is execute) with the same force and effect as if
such facsimile or ".pdf' signature page were an original thereof. 0
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51. CORPORATE AUTHORITY. a
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Each person executing this AGREEMENT on behalf of the PARTIES hereto warrant that they J
are duly authorized to execute this AGREEMENT on behalf of said PARTIES and that by doing
so,the PARTIES hereto are formally bound to the provisions of this AGREEMENT. m
52. ORDER OF PRECEDENCE. 0
In the event of any inconsistency or conflict in this AGREEMENT and any of the attached M
Exhibits or Attachments, the terms set forth in this AGREEMENT shall prevail. C
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53. FORCE MAJEURE. E
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A PARTY shall not be liable for any failure or delay in the performance of this AGREEMENT
for the period that such failure or delay is due to causes beyond its reasonable control, including
but not limited to acts of God, war, strikes or labor disputes, embargoes, governmental orders or
any other force majeure event. Y
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COMMUNITY SOLUTIONS,INC FOR NICHOLSON CENTER
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C104 54. COMPLIANCE WITH LAW.
LESSEE agrees to abide by all federal, state, and local laws, ordinances and regulations.
55. NON-DISCRIMINATION.
In the performance of this AGREEMENT, use of the PREMISES, and in the hiring and
recruitment of employees, LESSEE shall not engage in, nor permit its officers, employees or v
agents to engage in, discrimination in employment of persons because of their race, religion,
color, national origin, ancestry, age, mental or physical disability, medical condition, marital E
status, sexual gender or sexual orientation, or any other status protected by law. o
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COMMUNITY SOLUTIONS,INC FOR NICHOLSON CENTER
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LEASE AGREEMENT
CITY OF SAN BERNARDINO
and
YOUTHPOWER COMMUNITY SOLUTIONS, INC.
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CITY: LESSEE:
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Allen Parker, City Manager o
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DATE: DATE:
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APPROVED AS TO FORM: a
GARY D. SAENZ, City Attorney N
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LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND YOUTHPOWER
COMMUNITY SOLUTIONS,INC FOR NICHOLSON CENTER
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