HomeMy WebLinkAbout05.B- Execute Lease with Inland Empire Surf Soccer Club for the Blast Soccer Complex at Al Guhin Park 5.B
RESOLUTION (ID # 4326) DOC ID: 4326 C
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Lease
From: Bill Manis M/CC Meeting Date: 03/21/2016
Prepared by: Lesa Nichols, (909) 384-
5233
Dept: City Manager Ward(s): 5
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing
the City Manager to Execute a Lease with Inland Empire Surf Soccer Club for the Blast
Soccer Complex at Al Guhin Park. (#4326)
Current Business Registration Certificate: Not Applicable
Financial Impact:
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
3/18/1996 - Resolution #96-67 was approved authorizing the Director of Parks,
Recreation and Community Services Department (Department) to issue a
Permit to the Blast Soccer Club for the Construction of and use of Soccer
Fields at Al Guhin Park.
11/10/2005 - Resolution #2005-375 was approved canceling that agreement approved
March 18, 1996 between the City of San Bernardino and the Blast Soccer
Club for use of Soccer Fields at Al Guhin Park and authorizing the Mayor or
his designee to execute a new agreement between the City of San
Bernardino and the Blast Soccer Club for a ten year term.
Background:
Al Guhin Park is the home of the 14-acre Blast Soccer Complex, located at 3496 West
Little League Drive in San Bernardino. Since 1996, the City has leased the Blast Soccer
Complex to the Blast Soccer Club to provide a well-organized, outdoor soccer
experience to the community.
The facility lease with Blast Soccer Club expired November 2015. Although the lease
has expired, programming continues to be provided on a month-to-month basis while
the City procures for a vendor to operate the Blast Soccer Complex.
The Department has meet with other organizations interested in operating the Blast
Soccer Complex. After considerable review of proposals to operate the Blast Soccer
Complex, the Department has chosen to enter into an agreement with the Inland Empire
Surf Soccer Club.
Updated: 3/17/2016 by Georgeann "Gigi" Hanna C Packet Pg. 14
5.B
4326
The lease will be for a 10-year period commencing March 1, 2016, and concluding June
30, 2026, with an option at the end of the 10-year period to extend the lease agreement
an additional five years.
The City is responsible for paying all real property taxes, general/special assessed
against the property and water at specified contractual amounts.
The Lessee is responsible for:
- Any water usage amounts in excess of the amounts specified in the contract;
- Perform any necessary inspections, maintenance, and repairs to ensure the
health, public safety and enjoyment of the premises.
- Submission of an annual Capital Improvement Plan and current list of prices,
fees and other costs charged by the Lessee to the City Manager for his review
and approval.
Upon the full execution of the facility lease agreement, rental payments over the next 10
years will be as follows:
- June 30, 2017 - $25,000
- June 30, 2018 - $24,000
- June 30, 2019 - $23,000
- June 30, 2020 - $22,000
- June 30, 2021 - $21,000
- June 30, 2022 - $20,000
- June 30, 2023 - $19,000
- June 30, 2024 - $18,000
- June 30, 2025 - $17,000
- June 30, 2026 - $15,000
Rental payments are due to the City Parks, Recreation and Community Services
Department by or before June 30th of each year listed above.
Recommendation
For the Mayor and Common Council's consideration, it is recommended that the ten-
year lease agreement between the City of San Bernardino and the Inland Empire Surf
Soccer Club be approved to provide well-organized, outdoor soccer programming at the
Blast Soccer Complex.
City Attorney Review:
Supporting Documents:
Updated: 3/17/2016 by Georgeann "Gigi" Hanna C Packet Pg. 15
S.B
4326
Reso - Blast Soccer(DOC)
Agrmt. 4326 (PDF)
Blast Exhibits (DOCX)
Updated: 3/17/2016 by Georgeann "Gigi" Hanna C Packet Pg. 16
5.B.a'
1 RESOLUTION NO.
2
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
3 BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE
4 WITH INLAND EMPIRE SURF SOCCER CLUB FOR THE BLAST SOCCER
COMPLEX AT AL GUHIN PARK.
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6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
7 SAN BERNARDINO AS FOLLOWS:
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8 SECTION 1. The City Manager of the City of San Bernardino is hereby authorized and
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9 directed to execute the lease agreement with Inland Empire Surf Soccer Club attached hereto as a
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Exhibit"A" and incorporated herein by this reference as though set forth at length.
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12 SECTION 2. This authorization shall expire and be null and void if the lease agreement
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13 is not executed by all parties within sixty(60) days.
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5.B.a
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE
2 WITH INLAND EMPIRE SURF SOCCER CLUB FOR THE BLAST SOCCER
3 COMPLEX AT AL GUHIN PARK.
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5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino at a meeting thereof, held on the
7 day of , 2016, by the following vote, to wit:
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8 Council Members: AYES NAYS ABSTAIN ABSENT E
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MARQUEZ Q
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11 BARRIOS
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12 VALDIVIA o
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13 SHORETT M
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NICKEL N
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RICHARD
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17 MULVIHILL co
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Georgeann Hanna, City Clerk N
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2o The foregoing Resolution is hereby approved this day of , 2016.
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22 R. Carey Davis, Mayor Q
23 City of San Bernardino
Approved as to form:
24 Gary D. Saenz, City Attorney
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By:
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5.
LEASE AGREEMENT
CITY OF SAN BERNARDINO and INLAND EMPIRE SURF SOCCER CLUB
CITY: CITY OF SAN BERNARDINO
300 North"D" Street
San Bernardino, CA 92418
LESSEE: INLAND EMPIRE SURF SOCCER CLUB
P.O. Box 90211 y
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San Bernardino, CA 92427 E
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ADDRESS: Blast Soccer Complex
3496 West Little League Drive
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San Bernardino, CA 92407
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TERM OF LEASE: Ten(10) Years with options
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COMMENCEMENT: March 1, 2016
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LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND TE SURF SOCCER CLUB
FOR BLAST SOCCER COMPLEX
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1. PARTIES.
This Lease AGREEMENT (the "AGREEMENT") is entered into this I st day of March, 2016,
BY AND BETWEEN
the City of San Bernardino, a Charter City organized under the laws of the State of
California, with an address of 300 N. "D" Street, San Bernardino, California (the
"CITY");
AND,
Inland Empire Surf Soccer Club, a soccer club (the "LESSEE") (individually CITY or
LESSEE may be referred to as a "PARTY" and collectively CITY and LESSEE may be E
referred to as the"PARTIES")
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WHO AGREE AS FOLLOWS:
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2. PREMISES LEASED.
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CITY leases to LESSEE and LESSEE leases from CITY the Blast Soccer Complex, a soccer
complex located in Al Guhin Park at 3496 West Little League Drive, in the City of San m
Bernardino, County of San Bernardino, State of California, consisting of real property and other N
improvements on the western portion of parcels with APNs of 0261-172-21 and 0261-172-17, as
marked on the diagram attached hereto as Exhibit "A" and incorporated herein by this reference c,
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as though set forth in full(the "PREMISES").
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CITY and LESSEE understand that during the INITIAL TERM, as defined below in Section 3, a
LESSEE may wish to expand the area of Al Guhin Park as marked on the diagram attached
hereto as Exhibit `B" and incorporated herein by this reference as though set forth in full (the E
"EXPANSION") and that CITY and LESSEE will negotiate in good faith regarding lease of the c
EXPANSION by LESSEE. a
3. TERM.
The AGREEMENT's initial term ("INITIAL TERM") shall commence on March 1, 2016
("COMMENCEMENT DATE") and end on June 30, 2026 (`ENDING DATE").
LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND IE SURF SOCCER CLUB
FOR BLAST SOCCER COMPLEX
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4. RENT.
4.1 LESSEE shall pay to CITY the following rental payments in arrears on the 30`h
day of June of each year as listed below, commencing on COMMENCEMENT
DATE, and continuing through.the INITIAL TERM:
June 30, 2017 - $25,000
June 30, 2018 - $24,000
June 30, 2019 - $23,000
June 30, 2020 - $22,000
June 30,2021 - $21,000
June 30, 2022 - $20,000
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June 30, 2023 - $19,000 E
June 30, 2024 - $18,000
June 30, 2025 - $17,000
June 30, 2026 - $15,000
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4.2 CITY shall accept all rent and other payments from LESSEE under this
AGREEMENT via electronic funds transfer directly deposited into the CITY's to
designated checking or other bank account. CITY shall provide to LESSEE all
directions, information, and forms necessary to process EFT payments. m
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4.3 LESSEE may deduct from the annual rental payments listed above, the actual
costs of making CAPITAL IMPROVEMENTS to the PREMISES during the year N
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preceding the date the rental payment is due.
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4.3.1 For the puxposes of Section 4.3, the term "CAPITAL IMPROVEMENTS" Q
means newly constructed infrastructure, replacement, or renovations of an
existing improvement. A "CAPITAL IMPROVEMENT" shall not include E
any expenditure for regular, ordinary, or routine maintenance or repair r
work or replacements and shall specifically exclude the following: Q
individual or small-scale replacement of irrigation sprinkler heads or
minor extension of an existing irrigation system; minor electrical repairs;
minor landscaping work not associated with a major improvement; and
other routine maintenance and repairs.
4.3.2 Not later than October 31, 2016 and every year thereafter, LESSEE shall
provide to City Manager of CITY for approval a multi-year capital
improvement plan (the "Cl PLAN") detailing the time, manner and
estimated cost for all maintenance and CAPITAL IMPROVEMENT
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projects that will be commenced or completed within the 12-month period
beginning on the immediately following January l st and including a
budget for major items to be completed in future years. Within thirty (30)
days following receipt, CITY shall either approve or disapprove of the Cl
PLAN, and if CITY disapproves, the CITY and LESSEE shall in good
faith negotiate and resolve any deficiencies any required changes to
correct such deficiencies identified by CITY.
5. OPTION TO EXTEND TERM.
CITY gives to LESSEE the option to extend the term of the LEASE on the same provisions and
conditions, except for yearly rent, for one (1) five-year periods ("EXTENDED TERMS")
following expiration of the INITIAL TERM, by LESSEE giving notice of its intention to £
exercise the option to CITY prior to the expiration of the preceding term or during any holding a
over pursuant to SECTION 7, HOLDING OVER. The rent for each extended term shall be Q
adjusted by good faith negotiations of the PARTIES.
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6. RETURN OF PREMISES.
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The LESSEE agrees that it will, upon termination of this AGREEMENT, return the PREMISES cn
in as good condition and repair as the PREMISES now are or shall hereafter be put; reasonable m
wear and tear excepted. C°
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7. HOLDING OVER. N
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In the event the LESSEE shall hold over and continue to occupy the PREMISES with the E
consent of the CITY, whose consent shall only be given in writing and in the sole discretion of a
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 E
of this AGREEMENT.
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8. TAXES.
CITY shall pay all real property taxes, and general and special assessments levied and assessed
against the PREMISES.
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9. USE.
9.1 LESSEE shall have the exclusive right to use the PREMISES to provide and
operate, on a non-discriminatory basis soccer and related facilities including but
not limited to the provision of sports fields for soccer, or other open field team
sports, together with facilities necessary or desirable to provide such supportive
services of such sports uses on the PREMISES such as food and beverage
(including alcoholic beverages) concession facilities,restrooms, parking facilities,
and any other use proposed by LESSEE upon the prior written consent of the
CITY, which may be given in CITY's sole discretion. In the event that, through
no fault of the LESSEE, it becomes impossible or impractical to use the
PREMISES for the operation of the Soccer Complex, CITY and LESSEE shall
negotiate in good faith for another lawful use of the PREMISES. Primary purpose E
of the PREMISES will be the operation as a Soccer Complex for soccer or other
open field sports uses, not to be less than ninety percent (90%) of the PREMISES
rental schedule. All other uses, not to exceed ten percent (10%) of the rental
schedule, will follow local, state, and federal law. All uses will not compromise
the integrity of the facility, its structures, or the playing surface of the fields.
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9.2 LESSEE shall cut no timber, conduct no mining operations, remove no sand,
gravel, or similar substances from the ground, commit no waste of any kind, nor m
in any manner substantially change the contour or condition of the PREMISES, N
except as may be authorized under this AGREEMENT. LESSEE shall not
discharge nor allow or suffer the discharge of any substances which will N
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contaminate streams or other bodies of water or otherwise become a public
nuisance. LESSEE shall comply with such laws, regulations, ordinances, E
conditions, or instructions in effect or prescribed by the federal, state, or local
government relating to the discharge of substances into streams or other bodies of
water. E
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9.4 Maintenance and Operations. LESSEE shall maintain and operate the PREMISES Q
to ensure public safety and enjoyment.
9.5 Quality of Service and Merchandise. LESSEE represents and warrants to CITY
that LESSEE has the necessary experience and qualifications to operate the
PREMISES. CITY reserves the right to notify LESSEE in writing of any
deficiencies in the way services are offered to the general public and the
appearance and condition of the PREMISES. Upon receipt of the notice, LESSEE
agrees to cooperate with CITY to discuss remediation of any services found to be
objectionable or inadequate to CITY.
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9.6 Rates and Prices. The prices, fees and other costs LESSEE charges for services
and merchandise shall be reasonable and comparable to rates charged for similar
goods and services in the community. Upon request from the CITY, LESSEE
shall provide to CITY the current list of prices, fees, and other costs charged by
LESSEE. LESSEE shall include the list of current prices, fees and other costs
charged by LESSEE with its annual CI PLAN for review.
9.7 Continuous Operation. LESSEE agrees to continuously market and operate the
PREMISES during the TERM of this LEASE, and hold it open to the public for
the purposes at the times and for the purposes set forth in Section 9.1. If required
as part of the CI PLAN, the CITY may authorize LESSEE to temporarily close
the PREMISES. Y
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9.8 Public Safety. LESSEE shall maintain and operate the PREMISES to afford the a
highest practical degree of health, safety, and security for the public. Q
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9.9 Alcohol Sales. Nothing in this LEASE is intended to prohibit the sale of alcoholic -J
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beverages at the PREMISES subject to LESSEE's compliance with all applicable
regulations and licensing requirements of the California Department of Alcohol in
Beverage Control and any other governmental agency, including CITY, having
jurisdiction over such sale. m
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9.10 Sign Approval. In addition to the requirements of Section 11 below, LESSEE v
shall secure CITY approval and shall fulfill CITY sign standards for any N
permanent signs to be placed on the PREMISES or anywhere else that refers to
the PREMISES. As used herein, "permanent signs" shall include any sign E
attached to a building structure, or the ground in a manner that precludes ready
removal or movement of the sign.
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9.11 Credit in Promotional Materials and Signs. LESSEE shall include the following in Y
all promotional materials about LESSEE's relationship to the PREMISES, "`Blast a
Soccer Complex' is operated in cooperation with the City of San Bernardino."
9.12 Naming Rights. The current name of the PREMISES is the "San Bernardino Blast
Soccer Complex." LESSEE shall, in all promotional advertising, signage, or other
marketing materials, refer to the PREMISES as the "San Bernardino Blast Soccer
Complex" unless the name is changed by the Mayor and Common Council of the
CITY. If the name of the PREMISES is changed by the CITY,the CITY agrees to
reimburse LESSEE for the costs LESSEE incurs as a result of the name change,
LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND IE SURF SOCCER CLUB
FOR BLAST SOCCER COMPLEX
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including but not limited to costs to replace marketing materials and change
signage,unless the name change is part of a LESSEE naming rights transaction.
10. HEALTH, SAFETY, AND FIRE CODE REQUIREMENTS.
LESSEE shall, at its sole expense, ensure that the PREMISES meets the applicable requirements
of all Health, Safety, Fire and Building Codes, statutes,regulations and ordinances for public and
governmental buildings including any requirements for a notice of completion, certificate of
occupancy, or California Title 24 requirements and ensure that the PREMISES meets the
applicable requirements of the Americans with Disabilities Act("ADA").
11. SIGNS. c
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In addition to the requirements of Section 9.10 above, LESSEE will display from windows i
and/or marquee of the PREMISES only such sign or signs as are not prohibited by law. a
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12. MAINTENANCE.
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12.1 LESSEE shall, at its sole expense, perform such inspections, maintenance and in
repairs are necessary to ensure that all portions of the PREMISES, including but N
not limited to the following, are at all times in good repair and safe condition: m
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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 co
and exterior walls (including glass and doors), subflooring, and roof; and, r
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12.1.2 The electrical, plumbing, and sewage systems, including, excepting those Q
portions of the systems owned or controlled by CITY lying outside the
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PREMISES; and, E
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12.1.3 Window frames, gutters, and downspouts on the building and other a
improvements that are a part of the PREMISES; and,
12.1.4 Heating, ventilation and air conditioning (HVAC) systems servicing the
PREMISES including changing heating and air-conditioning filters every
four (4)months; and,
12.1.5 The grounds, including all parking areas and outside lighting, grass, trees,
shrubbery and other flora; and,
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12.1.6 Janitorial services, including keep the 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 servicing of the fire extinguishers
or any other fire suppression equipment attached to the facility.
12.2 LESSEE shall at regular intervals, but no less than monthly, conduct an inspection
of the PREMISES to determine if any maintenance or repair is necessary. If
LESSEE discovers a condition requiring maintenance or repair,LESSEE shall use
its best efforts to diligently commence the performance of its maintenance or
repair obligations within a reasonable time.
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13. ALTERATIONS. E
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Upon thirty (30) days' notice to the CITY and with the CITY's consent, which shall be given in a
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
responsibility of the LESSEE. Upon termination of this AGREEMENT, LESSEE shall remove 0
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said modules at its own expense and leave the PREMISES in the same condition it was at the
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time such modules were placed there, unless the PARTIES mutually agree to maintain the m
modules on the PREMISES. N
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14. FIXTURES. N
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LESSEE shall have the right during the term(s) of this AGREEMENT to install shelving and E
fixtures, and make interior, non-structural improvements or alterations on the PREMISES. Such a
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 E
time thereafter, provided that the LESSEE restores the PREMISES to the condition as it existed
at the commencement of this AGREEMENT, reasonable wear and tear excluded, or the LESSEE a
may elect, with CITY's written consent to be given at CITY's sole discretion, to surrender all or
any part of such shelving, fixture, improvements and alterations, to the CITY, in which case
LESSEE shall have no duty to restore the PREMISES.
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15. UTILITIES.
LESSEE shall furn ish to the PREMISES and at its sole expense pay all service charges and
related taxes for electric, gas, sewer, trash, fire alarm service, security, telephone, cable, internet
services and all other utilities except for water.
The City shall provide, at its expense, water in the following amounts for the use of LESSEE on
meter number RT1596300:
Effective Date - June 30,2018 - 38,000 hcf
July 1, 2018 - June 30,2019 - 26,600 hcf
July 1, 2019 - June 30,2020 - 22,800 hcf
July 1,2020 - June 30,2021 - 19,000 hcf E
July 1, 2021 - June 30, 2022 - 15,200 hcf L
July 1,2022 - June 30,2023 - 11,400 hcf
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July 1,2023 - June 30, 2024 - 7,600 hcf
July 1, 2024 - June 30, 2025 - 3,800 hcf
July 1, 2025 - June 30,2026 - 0 hcf
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- Any water usage by LESSEE in excess of the amounts listed above shall be paid for by LESSEE,
at LESSEE's sole expense. m
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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 E
any kind and nature arising from bodily injury, including death, or property damage, based or
asserted upon any actual or alleged act or omission of LESSEE, its employees, agents, or
subcontractors, arising, relating to, or in any way connected with the performance under this E
AGREEMENT, unless the bodily injury or property damage was actually caused by the sole a
negligence of the CITY, its elected officials, employees, agents or representatives. As part of the
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
performance of services under this AGREEMENT.
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17. INSURANCE.
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17.1 CITY is a self-insured public entity for the purposes of professional liability,
general liability, and workers' compensation.
17.2 LESSEE shall obtain and maintain during the life of this AGREEMENT all of the
following insurance coverage:
17.2.1 Comprehensive general liability, including premises-operations,
products/completed operations, broad form property damage, blanket
contractual liability, personal injury with a policy limit of not less than
One Million Dollars ($1,000,000.00), combined singles limits, per
occurrence and aggregate. E
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17.2.2 Automobile liability for owned vehicles, hired, and non-owned vehicles, Q
with a policy limit of not less than One Million Dollars ($1,000,000.00), )
combined single limits, per occurrence and aggregate.
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17.2.3 Worker's compensation insurance as required by the State of California. in
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17.3 The comprehensive general liability insurance policy shall contain or be endorsed m
to contain the following provisions: N
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17.3.1 Additional insureds: "The City of San Bernardino and its elected and N
appointed boards, officers, agents, and employees are additional insureds
with respect to this subject project and contract with City." E
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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 E
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
coverages and required endorsements described above, in a form and content
approved by CITY,prior to performing any services under this AGREEMENT.
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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
which LESSEE may be held responsible for payments of damages to persons or
property.
18. DESTRUCTION OF PREMISES.
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 LESSEE shall,at its sole expense, 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. ,
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If LESSEE does not commence the restoration of the PREMISES in a substantial
and meaningful way within thirty (30) days following the LESSEE's receipt of a
written notice of the casualty, or should LESSEE fail to diligently pursue a
completion of the restoration of the PREMISES, or if insurance proceeds are
insufficient to restore the PREMISES and LESSEE refused to make up the
difference in restoration costs, CITY may, at its option, terminate this
AGREEMENT immediately upon written notice to the LESSEE. If CITY elects in
to terminate this AGREEMENT pursuant to this section, LESSEE shall be
discharged from all future obligations under this AGREEMENT. m
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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 of the percentage N
of rental payments between the date of the destruction and the date of completion
of the restoration or the date of the termination of the AGREEMENT, whichever E
comes first. The abatement or reduction in the rental payments shall be in Q
proportion to the degree to which LESSEE's use of the PREMISES is impaired.
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18.3 In the event the LESSEE is required to restore PREMISES as provided in
Subsection 18.1 above, LESSEE shall also be required to restore any structure or Q
exterior improvements or alterations made to the PREMISES by LESSEE
pursuant to Section 13, Alterations above but not any shelving, fixtures, or
interior nonstructural improvements or alterations made by LESSEE pursuant to
Section 14, Fixtures above.
18.4 If any casualty resulting from LESSEE's use of the PREMISES renders the
PREMISES unusable for the purposes intended, or for any other purpose, then
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LESSEE shall, at LESSEE's sole expense, restore the PREMISES and repair any
LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND IE SURF SOCCER CLUB
FOR BLAST SOCCER COMPLEX
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damages caused by such casualty as soon as reasonably possible and this
AGREEMENT shall continue in full force and effect.
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
PREMISES in the event of any such destruction and not to determine the PARTY
ultimately responsible for the costs of such restoration.
19. DEFAULT.
Except where another time limit is specifically provided,either PARTY shall be in default of this
AGREEMENT if the PARTY fails or refuses to perform any material provisions of this
AGREEMENT and such failure or refusal to perform is not cured within thirty (30) days
following the PARTY's receipt of written notice of default from the other PARTY. If the default a
cannot be reasonably cured within thirty (30) days, the PARTY shall not be in default of this Q
AGREEMENT if the PARTY commences to cure the default within the thirty (30) day period Ch
and diligently and in good faith continues to cure the default.
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20. REMEDIES ON DEFAULT. U)
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Either PARTY, at any time after the other PARTY is in default, can terminate this m
AGREEMENT immediately upon written notice to the other PARTY. N
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21. LESSEE'S DEFAULT.
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In addition to Section 19 above, the occurrence of any one or more of the following events shall E
constitute an immediate default and breach of this AGREEMENT by LESSEE: Q
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21.1 The vacating or abandonment of the PREMISES by LESSEE. E
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21.2 The failure of LESSEE to pay of rent. a
21.3 It is not the purpose of this section to extend the notice requirements of the
unlawful detainer statutes in California.
22. CITY'S REMEDIES ON LESSEE'S DEFAULT.
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
other remedies available to CITY under relevant state law. In the event of any default by
� LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND IE SURF SOCCER CLUB
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LESSEE, which is not cured by LESSEE, CITY may, at its election, terminate this
AGREEMENT immediately.
23. CITY'S ACCESS TO PREMISES.
CITY and its authorized representatives shall have the right to enter the PREMISES at all
reasonable times for any of the following conditions:
23.1 To determine whether the PREMISES are in good condition; and,
23.2 To do any necessary maintenance and to make any restoration to the PREMISES
that CITY has the right or obligation to perform; and,
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23.3 To serve, post, or keep posted any notices required by law; and, L
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23.4 To post "for sale" signs at any time turning the term, to post "for rent" or "for
lease" signs during the last three (3) months of the term; and,
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23.5 To show the PREMISES to prospective brokers, agents, buyers, tenants, lenders in
or persons interested in an exchange, at any time during
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the term; and,
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23.6 For any other lawful purpose. N
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CITY shall conduct its activities on the PREMISES as allowed in this section in a manner that N
will reduce possible inconvenience, annoyance, or disturbance to LESSEE.
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24. NOTICES. a
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Any notices, documents, correspondence, or other communication concerning this E
AGREEMENT or the services provided hereunder may be provided by personal delivery or U.S. a
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
deposit in the U.S. Mail as reflected by the official U.S. postmark.
TO THE CITY: TO THE LESSEE:
City Manager President
300 N"D" Street PO Box 90211
San Bernardino, CA 92418 San Bernardino, CA 92427
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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.
25. ASSIGNMENT.
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.
Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute
a breach of this AGREEMENT and cause for the termination of this AGREEMENT. Regardless
of CITY's consent, no subletting or assignment shall release LESSEE of LESSEE's obligation to
perform all other obligations to be performed by LESSEE hereunder for the term of this
AGREEMENT.
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26. ENTIRE AGREEMENT. L
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This AGREEMENT constitutes the entire agreement and the understanding between the
PARTIES, and supersedes any prior agreements and understandings relating to the subject matter
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of this AGREEMENT.
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27. REMEDIES; WAIVER.
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All remedies available to either PARTY for one or more breaches by the other PARTY are and N
shall be deemed cumulative and may be exercised separately or concurrently without waiver of
any other remedies. t°
The delay or failure of either PARTY to require perfonnance or compliance of the other of any
of its obligations under this AGREEMENT shall in no way be deemed a waiver of those rights to E
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
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against whom it is sought. The waiver of any right or remedy with respect to any occurrence or E
event shall not be deemed a waiver of such right or remedy with respect to any future
occurrences or events and shall not be deemed a continuing waiver. C
28. AMENDMENT.
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.
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.
30. SEVERABILITY.
If any provision of this AGREEMENT is determined by a court of competent jurisdiction to be
invalid or unenforceable for any reason, such determination shall not affect the validity or
enforceability of the remaining terms and provisions hereof or of the offending provision in any
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
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may be made within a reasonable time.
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32. QUIET ENJOYMENT.
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Subject to the provisions of this AGREEMENT and conditioned upon performance of all the N
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 N
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privileges appertaining thereto.
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33. PROVISIONS ARE COVENANTS AND CONDITIONS. Q
All provisions, whether covenants or conditions, on the part of either PARTY shall be deemed E
both covenants and conditions.
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34. CONSENT.
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.
All exhibits referred to are attached to this AGREEMENT and incorporated by reference.
36. LAW.
This AGREEMENT shall be governed and construed under the laws of the State of California
without giving effect to that body of laws pertaining to conflict of laws.
37. VENUE.
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
for the County of San Bernardino. The aforementioned choice of venue is intended by the parties L
to be mandatory and not permissive in nature. Q
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38. ATTORNEY'S FEES AND COSTS.
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In the event that litigation is brought by any PARTY in connection with this AGREEMENT, the c0
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 m
rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions N
hereof. The costs, salary and expenses of the City Attorney and members of his/her office in It
enforcing this AGREEMENT on behalf of the CITY shall be considered as "attorneys' fees" for N
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the purposes of this section.
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41. RIGHT TO TERMINATE. Q
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This AGREEMENT may be terminated at any time by thirty (30) days written notice by either
PARTY.
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42. HEADINGS.
The subject headings of the sections of this AGREEMENT are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its
provisions.
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43. SURVIVAL.
The obligations of the PARTIES that, by their nature, continue beyond the term of the
AGREEMENT, will survive the termination of the AGREEMENT.
44. ESTOPPEL CERTIFICATE.
Each PARTY within thirty (30) days after notice from the other PARTY shall execute and
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
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
that there are no uncured defaults or specifying in reasonable detail the nature of any uncured E
default claimed. Failure to deliver this certificate within thirty (30) days shall be conclusive upon 0
the PARTY requesting the certificate any successor to the PARTY requesting the certificate,that
this AGREEMENT is in full force and effect and has not been modified except as may be U)
represented by the PARTY requesting the certificate, and that there are no uncured defaults on -J
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the part of the PARTY requesting the certificate.
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45. PUBLIC RECORDS DISCLOSURE.
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All information received by CITY concerning this AGREEMENT, including the AGREEMENT N
itself, may be treated as public information subject to disclosure under the provisions of the 7
California Public Records Act, Government Code Section 6250 et secl. (the "Public Records N
Act"). The PARTIES understand that although all materials received in connection with this
AGREEMENT are intended for the exclusive use of the PARTIES, they are potentially subject E
to disclosure under the provisions of the Public Records Act.
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46. CONDITION OF PREMISES. E
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The CITY makes no warranty as to the condition of the PREMISES on COMMENCEMENT a
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 PREMISES or the PREMISES'
suitability for a particular use when determining whether to enter into this AGREEMENT.
47. CONDEMNATION.
If any legally, constituted authority condemns the PREMISES or such part thereof which shall
make the PREMISES unsuitable for leasing, this AGREEMENT shalt cease when the public
authority takes possession, and CITY and LESSEE shall account for rental as of that date. Such
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termination shall be without prejudice to the rights of either PARTY to recover compensation
from the condemning authority for any loss or damage caused by the condemnation. Neither
PARTY shall have any rights in or to any award made to the other by the condemning authority.
48. MATERIAL REPRESENTATION.
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
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.
49. INTERPRETATIONS. E
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The PARTIES have participated jointly in the negotiation and drafting of this AGREEMENT. In Q
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
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in accordance with its fair meaning. There shall be no presumption or burden of proof favoring Q)
or disfavoring any Party by virtue of authorship of any of the provisions of this AGREEMENT. in
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50. COUNTERPARTS. m
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This AGREEMENT may be executed in counterparts, each of which shall be deemed to be an v
original, but all of which, taken together, shall constitute one and the same agreement. In the N
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 E
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.
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51. CORPORATE AUTHORITY.
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Each person executing this AGREEMENT on behalf of the PARTIES hereto warrant that they
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.
52. ORDER OF PRECEDENCE.
In the event of any inconsistency or conflict in this AGREEMENT and any of the attached
Exhibits or Attachments,the terms set forth in this AGREEMENT shall prevail.
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53. FORCE MAJEURE.
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 maj eure event.
54. COMPLIANCE WITH LAW.
LESSEE agrees to abide by all federal, state, and local laws, ordinances and regulations.
55. NON-DISCRIMINATION.
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In the performance of this AGREEMENT, use of the PREMISES, and in the hiring and a
recruitment of employees, LESSEE shall not engage in, nor pen-nit its officers, employees or
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
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status, sexual gender or sexual orientation, or any other status protected by law.
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56. REGULATORY AUTHORITY.
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LESSEE acknowledges and agrees that CITY, acting not as landlord but in its governmental N
regulatory capacity, has certain governmental regulatory authority over the PREMISES and
nothing in this AGREEMENT binds the CITY to exercise its discretionary governmental N
authority in any particular manner. LESSEE, in the use and operation of the PREMISES,shall at
all times comply with all applicable laws in the performance of this AGREEMENT and agrees E
that"all applicable laws" as used herein includes any legal requirement imposed by CITY acting
not as landlord but in its capacity as a governmental regulatory body. LESSEE agrees that all
costs in complying with applicable laws are the sole responsibility of LESSEE. E
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[Signature Page Follows]
LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND IE SURF SOCCER CLUB
FOR BLAST SOCCER COMPLEX
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LEASE AGREEMENT
CITY OF SAN BERNARDINO and INLAND EMPIRE SURF SOCCER CLUB
CITY OF SAN BERNARDINO: LESSEE:
City Manager
Its:
DATE: DATE: .�
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APPROVED AS TO FORM:
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GARY D. SAENZ, City Attorney
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LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND IE SURF SOCCER CLUB
FOR BLAST SOCCER COMPLEX
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