HomeMy WebLinkAbout25- Finance CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: BARBARA PACHON, Subject: Utility cost
DIRECTOR OF FINANCE reimbursement for
use of airport
Dept: FINANCE � facilities.
Date: November 27, 1996 OfflQuAL
Synopsis of Previous Council action:
2/5/96 - The Mayor and Common Council adopted Resolution 96-25 authorizing the Parks and
Recreation Department to enter into a concession agreement with the County of San
Bernardino (agreement # 96-133) . The County Probation Department, in lieu of rent for
using City facilities located at the San Bernardino International Airport, will reimburse
the City for all utility costs as well as interior and exterior maintenance costs.
Recommended motion:
That the Mayor and Common Council authorize the Director of Finance to amend the Fiscal
Year 1996-1997 Budget to reflect the cost of the utility usage at City facilities located
at the San Bernardino International Airport and to reflect the reimbursement the City
will receive from the County for these costs as outlined in the attached staff report.
Signature
Contact person: Barbara Pachon, Director of Finance Phone: x - 5242
Supporting data attached: staff report, agreement with County Ward:
Council minutes for meeting of 2/5/96.
FUNDING REQUIREMENTS: Amount: $83,500
(increase Recreation budget)
Source:_(Acct. No.) 001-000-4945 $83,500
(Acct. Description) (revenue) Reimbursements
Finance:
Council Notes: Revenues and expenditures will be increased equally, resulting in a net impact of
zero.
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Agenda Item No.��_
STAFF REPORT
BACKGROUND
On February 5, 1996 the Mayor and Common Council adopted Resolution 96-25 authorizing the
Parks and Recreation Department to enter into a concession agreement with the County of San
Bernardino (agreement #96-133). The County Probation Department, in lieu of rent for using
City facilities located at the San Bernardino International Airport, will reimburse the City for
all utility costs as well as interior and exterior maintenance costs.
Monthly utility costs, based on previous utility billings for the facility, are estimated to be
approximately $6,960 per month, or $83,500 annually.
RECOMMENDATION
That the Mayor and Common Council authorize the Finance Department to make the following
amendments to the FY 1996-1997 budget to reflect the reimbursement to be received from the
County for utility costs at City facilities located at San Bernardino International Airport.
REVENUES
Increase 001-000-4945 (reimbursement) $83,500
EXPENDITURES
Increase 001-383-5606 (Park & Rec. electric) $81,000
001-383-5608 (Park & Rec. water) 1,100
001-383-5605 (Park & Rec. phone) 300
001-383-5181 (Park & Rec. refuse) 11100
Total $83,500
(Note: The utility internal service fund, which handles payment of all utility bills, will be
adjusted accordingly).
FISCAL IMPACT TO CITY
Because revenues and expenditures are being increased equally, the net effect of this
transaction will have no fiscal impact on the City.
RECONVENE MEETING - :�� n••-•
i
ROLL CALL/PRESENT:
ABSENT:
INVOCATION:
PLEDGE :
2 . Appointments/Presentations :
3. - ,Announcements by Mayor and Council .
4 . Waive full reading;:of\Resolutions and Ordinances .
MOTION: That full reading of the Resolutions and Ordinances
Approved on the regular, supplemental and addendum to the
supplemental agendas of the Mayor and Common
Council, be waived.
*****************************************************************
Parks, Recreation & Community Services
5 . Resolution Of the City of San Bernardino authorizing a
concession agreement between the City of San Bernardino and
the County of San Bernardino, and ratifying letter of
authorization to make repairs dated January 11, 1996 . (See
Attached)
MOTION: That said resolution be adopted; and that a
Approved comprehensive briefing be presented to the Council
by the Director of Parks, Recreation & Community
Services .
Adopted 96-25
Water Department
6 . A resolution of the Mayor and Common Council of the City of
San Bernardino, accepting a grant deed from Jack Rodocker and
Dee Ann Rodocker, for property located: at 226 West 11th
Street, and dedicating the property for Water Department use
Ward 2
(See Attached)
MOTION: That said resolution be adopted.
Approved
Adopted 96-26
3 2/5/96
City of San Bernardino
BUDGET TRANSFER REQUEST DATE 9/10/96
TRANSFER
FROM TO
ACCOUNT NO. AMOUNT ACCOUNT NO. AMOUNT
Dept. Budget Dept. Budget
Fund Div Code SUFX Fund Div Code SUFX
— — — REV — — — REV
001 000 4705 $ 90,000 001 383 5181 $ 90,000
(Utility Collections (Other Operating
Expenses)
The department has an agreement with the Youth Justice Division of San
REASON FOR TRANSFER: Bernardino County Probation Department for use of City owned buildings at
the former Norton Air Force Base. (See attached copy of the Agreement and Council Action).
fhe Agreement requires e County to reimburse the City for utilities hone maintenance
charges and refuse collection. The above listed accounts need to be established for accounting
, purposes. The Cit X receives billings from IVDA at Norton for all utilities and tele hone
telIdIlGe. A bill Is also received III L111b Uepdftinent fof Refuse
• County.
The department will prepare a Billing Advice for the County each time a bill is received from
1VDA or City Refuse Department. The funds returned frum County to City wi I ble placeiin
Revenue Account # 001-000-4705. The IVDA and Refuse Department will be paid out of Account #
001-381-5181"- - A Bi ling Advice for the period july through September 1996 is dttdched for
further processing.
Parks, Recreation and
REQUESTED BY ramm(1lLite SP_rVi('P_S DPOdnnent
DEP RTMENT HEAD DEPARTMENT
FINANCE&ADMINISTRATOR'S OFFICE USE ONLY
ayz
J.V.Number
COUNCIL ACTION (REQUIRED) (NOT REQUIRED) DATE
APPROVED: APPROVED:
ILI1—�
DIRECTOR OF FINANCE CITY ADMINISTRATOR
DISTRIBUTION: WHITE-Finance YELLOW-Finance PINK- Requesting Department
150-101
CONCESSION AGREEMENT
CITY: City of San Bernardino
Parks and Recreation Department
547 North Sierra Way
San Bernardino, CA 92410
COUNTY: COUNTY OF SAN BERNARDINO
Public Works Group
Real Estate Services Department
825 East Third Street
San Bernardino, CA 92415-0832
PREMISES: Building Nos. 178 & 182 and surrounding grounds located at the San'
Bernardino International Airport, San Bernardino
TERM OF AGREEMENT: Seven years with one (1) three-year option
COUNTY CONTRACT NUMBER: 96
REV. 11/21/95
T:k.BLE OF CONTENTS
PAR4GRAPH CAPTION PAGE
1 PREMISES
2 TERM
3 RENT
4 AGREEMENT TO EXTEND TERM
5 RETURN OF PREMISES
6 HOLDING OVER
7 TAXES
8 USE
9 HEALTH, SAFETY & FIRE CODE REQUIREMENTS
10 SIGNS
11 MAINTENANCE
12 ALTERATIONS
13 FIXTURES
14 UTILITIES/USE OFFSETS
15 HOLD HARMLESS
16 INSURANCE
17 DESTRUCTION OF PREMISES
18 CITY'S DEFAULT
19 COUNTY'S REMEDIES ON CITY'S DEFAULT
20 COUNTY'S DEFAULT
21 CITY'S REMEDIES ON COUNTY'S DEFAULT
22 CITY'S ACCESS TO PREMISES
23 NOTICES
24 INCORPORATION OF PRIOR AGREEMENT
25 WAIVERS
26 AMENDMENTS
27 SUCCESSORS
28 SE VERABILITY
29 TIME OF ESSENCE
30 QUIET ENJOYMENT
31 PROVISIONS ARE COVENANTS & CONDITIONS
32 CONSENT
33 EXHIBITS
34 LAW
35 VENUE
36 ATTORNEYS' FEES AND COSTS
37 JURY TRIAL WAIVER
38 RIGHT TO TERMINATE
39 IMPROVEMENTS/REPAIRS
40 CAPTIONS, TABLE OF CONTENTS & COVER PAGE
41 SURVIVAL
42 IN'T'ERPRETATIONS
Exhibit "A" Premises
Exhibit "B" Improvements/Repairs
Exhibit "C" Inventory of Furnishings & Equipment
Exhibit "D" Estimated Utility Charges
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CONCESSION AGREEMENT
WHEREAS, the City of San Bernardino ("CITY") received title to certain real
property from the United States of America by quitclaim deed recorded March 17, 1995;
and,
WHEREAS, the CITY and County of San Bernardino ("COUNTY") desire to enter
into a concession agreement for COUNTY's use of a portion of the real property.
NOW, THEREFORE, the parties agree as follows:
1. PREMISES: CITY hereby grants to COUNTY the concession rights,
hereinafter specified, to be exercised within the premises, consisting of those portions of the
buildings, Building No. 178, commonly referred to as the Galaxy Building, and Building No.
182, commonly referred to as the gymnasium and racquetball buildings, and the grounds
including the tennis courts and running track, more fully described in Exhibit "A", attached
hereto and referred to as the "Premises" and of the facilities and equipment therein during
the term of this agreement, including any extensions thereof.
2. TERM: The term of this agreement shall be for a period of seven (7) years
commencing on March 1, 1996, or upon acceptance of the Premises by COUNTY, and end
on February 29, 2003, ("initial term"). In the event the term commences prior to the date
specified for the commencement of the term as a result of COUNTY's acceptance of
possession of the Premises, the ending date of the term shall not be changed. If CITY is
unable to deliver possession of the Premises by the date specified for the commencement
of the term as a result of causes beyond its reasonable control, CITY shall not be liable for
any damage caused for failing to deliver possession, and this agreement shall not be void
or voidable. The use of the Premises, Paragraph 8, "USE", shall not commence until the
improvements of Paragraph 37,"IMPROVEMENTS/REPAIRS,"are substantially completed
(for the purposes of this agreement, "substantially completed" shall mean that the Premises
have been certified for occupancy for their intended purposes, notwithstanding that minor
corrections and/or additions remain to be completed, it being understood that COUNTY
shall promptly complete said corrections and/or additions), but the ending date of the term
shall not be extended by the delay.
3. RENT: COUNTY shall make the improvements/repairs of Paragraph 37,
-IMPROVEMENTS/REPAIRS," in lieu of rent and as consideration for COUNTY's use
under this agreement.
4. AGREEMENT TO EXTEND TEIZIM: CITY and COUNTY may extend the
term of the agreement on the same provisions and conditions for one (1) three-year period
("extended term") following expiration of the initial term by mutual consent of the parties.
5. RETURN OF PREMISES: The COUNTY agrees that it will, upon any
termination of this agreement, return the Premises in as good condition and repair as the
Premises now are or shall hereafter be put; reasonable wear and tear excepted.
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6. HOLDING OVER: In the event the COUNT' shall hold over and continue
to occupy the Premises with the consent of the CITY, expressed or implied, the agreement
shall be deemed to be an agreement from month-to-month upon the same terms and
conditions, including no monetary rent, as existed and prevailed at the time of the expiration
of the term of,this agreement.
7. TAXES: CITY shall pay all real property taxes, and general and special
assessments levied and assessed against the Premises.
8. USE: The buildings and grounds shall be used by COUNTY and CITY on
an exclusive, common or scheduled basis as described in Exhibit "X. The parties may agree
from time-to-time to revise the uses which are initially set forth below:
a. Galga Building - 20.082 total square feet to be utilized as follows:
(1) COUNTY shall have the exclusive use of the second floor and
designated areas on the first floor for a total of 9,496 square feet. COUNTY's uses will
include day and evening office use, classes, counseling, training, and recreation uses for
individuals in juvenile probation programs.
(2) The CITY shall have exclusive use of designated areas on the
first floor consisting of 261 square feet.
(3) COUNTY and CITY will jointly use common areas consisting
of 5,625 square feet.
(4) The "Ballroom", consisting of 4,700 square feet, (and portion of
common areas which can be reserved with the Ballroom consisting of 4,060 square feet) may
be reserved by COUNTY or CITY on a first-come, first-serve scheduled basis. CITY or
COUNTY's scheduled use may include weddings, receptions and other uses by third parties
for which CITY or COUNTY may receive fees. The party using the Ballroom will be
responsible to leave it in the condition received and remove all trash from the property.
The CITY will be the lead agency and will maintain a schedule for the Ballroom's use.
b. Gvmnasium - 20.983 total square feet to be utilized as follows:
(1) COUNTY and CITY will use the gymnasium and designated
joint use common areas such as rest rooms and lobby consisting of 10,346 square feet on a
reserved scheduled basis as follows:
COUNTY: Monday, Wednesday, Friday, all day Tuesday,
Thursday and Saturday prior to 6:00 p.m.
CITY: Tuesday, Thursday and Saturday after 6:00 p.m.; and all
day Sunday.
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(2) CITY shall have the _-xclusiv e use of designated areas consisting
of 486 square feet.
(3) Fitness/Weight Rooms: COUNTY shall have exclusive use for
the first two (2) years of use under this agreement of the Fitness/Weight Rooms, locker
rooms and designated common areas consisting of 10,151 square feet, except that CITY
employees may use the facilities at any time as long as COUNTY's employees are present.
After the first two (2) years, CITY and COUNTY will schedule reserved use as the parties
both agree. The CITY will be responsible for maintaining the master schedule.
C. Racquetball Courts: COUNTY will have exclusive use for the first two
(2) years of use under this agreement of the racquetball courts consisting of 4,128 square
feet except that CITY employees may use the facilities at any time as long as COUNTY's
employees are present, thereafter, CITY and COUNTY will schedule reserved use as the
parties both agree. The CITY will be responsible for maintaining the master schedule.
d. Running Track & Tennis Courts: Available for COUNTY and/or
CITY use on a first-come, first-serve basis. Night use is excluded.
I 9. HEALTH, SAFETY AND FIRE CODE REQUIREMENTS: CITY will insure
the Premises meet the applicable requirements of the Health, Safety, Fire, and Building
Codes for Public Buildings, including any requirements for a notice of completion, certificate
of occupancy and the Americans with Disabilities Act ("ADA"). Should the continued
occupancy of the Premises be in anyway prejudiced or prevented due to changes in the
ADA, the Health, Safety or Fire Codes for Public Buildings, the CITY herein shall correct,
update and comply with said changes at CITY's cost.
( � 10. SIGNS: COUNTY will display from the windows and/or marquee of the
Premises only such sign or signs as are not prohibited by law.
11. MAINTENANCE:
a. Except as specifically provided in subparagraph llb, below, CITY at
its cost shall maintain in good condition all portions of the Premises, including but not
limited to the following:
(1) The structural parts of the building and other improvements that
are a part of the Premises, which structural parts include the foundations, bearing and
exterior walls (including glass and doors), subflooring, and roof.
(2) The electrical,plumbing, and sewage systems, including,without
limitation, those portions of the systems owned or controlled by CITY lying outside the
Premises;
(3) Window frames, gutters, and downspouts on the building and
other improvements that are a part of the Premises;
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(4) Air conditioner, heaEing and ventilating systems servicing the
Premises, and;
(5) Outside lighting, major irrigation repairs, tree trimming, tennis
court's nets and wind screens.
(6) CITY at its cost shall repair the Premises if they are damaged
by (1) causes over which COUNTY has no control; (2) acts or omissions of CITY, or its
authorized representatives.
b. COUNTY, at its cost, shall maintain the buildings and grounds as
follows:
(1) Exterior:
(A) Paint over graffiti as required.
(B) Mow and edge laws.
(C) Weed flower & planter beds.
(D) Sweep and/or blow sidewalks, parking lots and tennis
courts.
(E) Trim bushes and low hanging tree branches.
(F) Clean windows.
(G) Remove trash and leaves.
(H) Make minor irrigation repairs and adjustments.
(2) Interior: Janitorial services/minor repairs which shall include:
(A) Vacuum rugs.
(B) Clean and dust, mop floors.
(C) Clean rest rooms and provide janitorial supplies.
(D) Remove trash.
(E) Clean windows and walls.
(F) Make minor repairs, e.g., unplugging a stopped toilet,
replacing light bulbs which do not require ladders and replacing grommets in a.leaking
faucet.
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(G) The servicing of fire extinguishers.
(3) Personal property: Per the attached Exhibit "C", shall be
maintained by COUNTY in the same condition as it was upon commencement of this
agreement, reasonable wear and tear excluded. COUNTY and CITY agree to inspect and
indicate the condition of personal property upon commencement of this agreement.
(4) COUNTY may use supervised juveniles, such as those assigned
hours of community service, for maintenance and janitorial work.
(5) COUNTY will make repairs if damages are by (a) causes over
which COUNTY has control; (b) acts or omissions of COUNTY, or its authorized
representatives; (c) direct result of COUNTY's use.
12. ALTERATIONS: COUNTY shall not make any structural or exterior
improvements or alterations to the Premises without CITY's consent. Any such alterations
made shall remain on and be surrendered with the Premises on expiration or termination
of the agreement.
13. FIXTURES: COUNTY shall have the right during the term(s) of this
agreement to install shelving and fixtures, and make interior, non-structural improvements
or alterations in the Premises. Such shelving, fixtures, improvements, and alterations shall
remain the property of the COUNTY and may be removed by the COUNTY during the
term(s) of this agreement or within a reasonable time thereafter, provided that the'
COUNTY restores the Premises to the condition as it existed at the commencement of this
agreement, reasonable wear and tear excluded, or the COUNTY in its sole discretion may
elect to surrender all or any part of such shelving, fixture, improvements and alterations to
the CITY, in which case COUNTY shall have no duty to restore the Premises. Any such
election to surrender must be in writing, but need not be accepted by CITY to be effective.
14. U'T'ILITIES f USE OFFSETS: CITY shall furnish to the Premises and pay all
service charges and related taxes for electricity, water, sewer, gas and trash services. CITY
to provide separate meters and determine the cost per square foot for each building for
utility services on an annual basis. COUNTY shall reimburse CITY for its share of utility
costs on the basis of the following:
a. COUNTY shall pay one hundred percent (100%) of the utility costs as
offset by reductions provided in subparagraph b below.
b. The amount of utility costs paid by COUNTY to CITY shall be reduced
by use offsets based on the total number of hours facilities are used on a scheduled reserved
basis by third party, CITY-sponsored, and/or CITY's users at the rate of Ten and 00/100
Dollars ($10.00) per hour.
C. CITY anticipates little use of the Premises during the first two (2)years
of the Agreement. As CITY's use and City-sponsored use increases, CITY and COUNTY
anticipate an increase in costs associated with that use. Therefore, the COUNTY and CITY
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agree to review and adjust the allocation of utility costs and use offset reductions thereto
provided in subparagraphs "a" and "b" above every six (6) months or more frequently if
necessary, based on the change in the use of exclusive, common and reserved scheduled use
areas, and on the basis of change in costs attributed to those uses as reflected by historical
cost data. The historical cost data shall include actual costs of utilities, plus maintenance,
janitorial services, supervision and overhead incurred by COUNTY as a result of such uses.
d. CITY shall provide to COUNTY copies of invoices for the utilities on
a monthly basis showing the reductions, if any, for uses provided in subparagraph b. above.
COUNTY shall reimburse CITY for utility costs within thirty (30) days of receipt of the
invoices.
15. HOLD HARMLESS:
a. COUNTY agrees to indemnify COUNTY for liability or claim for
damage for personal injury, death or property damage resulting from the COUNTY's
negligent acts or omissions on the Premises during the term of the agreement.
b. CITY agrees to indemnify, defend (with counsel approved by
COUNTY) and hold harmless the COUNTY, its authorized officers, agents,volunteers and
employees from any and all claims, actions, losses, damages, and/or liability arising out of
this lease from any cause whatsoever including the acts, errors or omissions of any person
and for any costs of expenses incurred by the COUNTY on account of any claim therefore
except where such indemnification is prohibited by law.
16. INSURANCE:
Ia. CITY and COUNTY acknowledges that each party is legally self-
insured for Workers' Compensation up to statutory limits. The CITY is self-insured for
comprehensive general liability and automobile liability, and each party shall provide a
certificate of self-insurance to the other. The CITY and the COUNTY accept such self-
insurance as satisfying the premises liability insurance and workers' compensation
requirements under the contract.
b. CITY shall, at its own expense, obtain and maintain standard fire and
extended coverage insurance, with vandalism and malicious mischief endorsements to the
extent of at least forty percent (40%) of the full replacement value of the Premises during
the entire term of this agreement.
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C. CITY shall immediately furnish certificates of insurance to the
COUNTY evidencing the above required insurance coverage upon the commencement of
this lease. Within sixty (60) days of the commencement of this agreement the CITY shall
furnish the COUNTY certified copies of the policies and endorsements.
d. COUNTY shall be an additional named insured under all said policy
or policies of insurance. All insurance required shall be maintained in full force at all times
during this lease by CITY. CITY shall be required to inform COUNTY in writing of any
change, expiration or renewal of any insurance policy or policies at least thirty (3)0) days
prior to the effective date of change. Further, each policy shall provide that same shall not
be cancelled until a thirty (30) day written notice of cancellation has been mailed to Public
Works Group - Real Estate Services Department, 825 East Third Street, San Bernardino,
CA 92415-0832. All such policies shall contain language to the effect that, (1) the insurer
waives the right of subrogation against COUNTY and against any and all of COUNTY's
officials, officers, employees, agents and representatives; and, (2) the policies are primary
and non-contributing with any insurance that may be carried by COUNTY.
e. The above insurance requirements are subject to periodic review by the
COUNTY. The COUNTY's Risk Manager is authorized, but not required, to reduce or
waive any of the above insurance requirements whenever the Risk Manager determines that
any of the above insurance is not available, is unreasonably priced, or is not needed to
protect the interests of the COUNTY. In addition, if the Risk Manager determines that
heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits
become reasonably priced or available, the Risk Manager is authorized, but not required,
to change the above insurance requirements to require additional types of insurance
coverage or higher coverage limits, provided that any such change is reasonable in light of
past claims against the COUNTY, inflation, or any other item reasonably related to the
COUNTY's risk.
(1) Any such reduction or waiver for less than the entire term of the
agreement (including any option periods) must be in writing and signed by the Risk
Manager to be effective.
(2) Any such reduction or waiver for the entire term of the
agreement (including any option periods) and any change requiring additional types of
insurance coverage or higher coverage limits must be made by amendment to this
agreement. CITY agrees to execute any such amendment within thirty (30) days of receipt.
f. In the event COUNTY receives a thirty (3)0) day notice of cancellation
concerning any of the required policies, or should CITY fail to have in effect the required
coverage at anytime during this agreement, COUNTY may give notice to CITY to reinstate
or acquire the affected coverage. Should CITY fail to reinstate or acquire the affected
coverage within ten (10) days of COUNTY's notice to reinstate or acquire such coverage,
COUNTY may either terminate the agreement, reinstate or acquire the affected coverage,
and CITY shall reimburse COUNTY for the necessary cost at COUNTY's option.
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17. DESTRUCTION OF PREMISES:
a. If, during the term of this agreement, any casualty renders ten percent
(10%) or less of the floor space of the Premises unusable for the purpose intended, CITY
shall commence restoration of the Premises within thirty (30) days of notice of the casualty
and shall thereafter diligently pursue complete restoration of the Premises within a
reasonable time. If CITY does not perform the restoration obligations of this subparagraph
within the time limitations set forth, COUNTY may, at its option and in its sole discretion,
after notice to CITY, perform the obligations and have the right to be reimbursed for all
sums it actually and reasonably expends (including charges for County employees and
equipment used)in the performance of CITY's obligations, or COUNTY may terminate this
agreement by notice to CITY.
b. If during the term of this agreement, any casualty renders more than
ten percent (10%) but less than twenty-five percent(25%)of the floor space of the Premises
unusable for the purpose intended, CITY shall commence restoration of the Premises within
ninety (90) days of notice of the casualty and shall thereafter diligently pursue complete
restoration of the Premises within a reasonable time. If CITY does not perform the
restoration obligations of this subparagraph within the time limitations set forth, COUNTY
may, at its option and in its sole discretion, after notice to CITY, perform the obligations
and have the right to be reimbursed for all sums it actually and reasonably expends
(including charges for County employees and equipment used)in the performance of CITY's
obligations, or COUNTY may terminate this agreement by notice to CITY.
C. If, during the term of this agreement, any casualty renders at least
twenty-five percent (25%) but less than forty percent (40%) of the floor space of the
Premises unusable for the purpose intended, COUNTY shall within thirty (30) days of the
casualty and at its option and in its sole discretion, terminate this agreement by notice to
CITY or request CITY to restore the Premises. If COUNTY requests CITY to restore the
Premises, the CITY shall either terminate this agreement by notice to COUNTY within ten
(10) days of receiving COUNTY's request for restoration or commence restoration of the
Premises within ninety (90) days of receiving COUNI'Y's request for restoration and
thereafter diligently pursue complete restoration of the Premises within a reasonable time.
If CITY does not terminate the agreement and does not perform the restoration obligations
of this subparagraph within the time limitations set forth, COUNTY may, at its option and
in its sole discretion, after notice to CITY, perform the obligations and have the right to be
reimbursed for all sums it actually and reasonably expends (including charges for County
employees and equipment used) in the performance of CITY's obligations, or COUNTY
may terminate this agreement by notice to CITY.
d. If, during the term of the agreement, any casualty renders forty percent
(40%) or more of the floor space of the Premises unusable for the purpose intended, this
agreement shall be terminated as of the date of the casualty. If the agreement is terminated
pursuant to this subparagraph, COUNTY shall have a reasonable time to vacate the
Premises.
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e. In the event there is a destruction of a portion of the Premises as set
out in subparagraphs "a", "b", and "c" above, and the agreement is not terminated because
of such destruction, CITY agrees to use any and all insurance proceeds received for said
destruction in the restoration of the Premises.
T. In the event CITY is required to restore the Premises as provided in
this paragraph, CITY shall restore, at CITY's expense, any structural or exterior
improvements or alterations to the Premises made by COUNTY pursuant to Paragraph 12,
"ALTERATIONS," of this agreement, but shall not be responsible for restoring any shelving,
fixtures, or interior nonstructural improvements or alteration made by the COUNTY
pursuant to Paragraph 13, "FIX'T'URES," of this agreement.
g. It is the purpose and intent of this paragraph to determine who shall
bear the initial responsibility for restoration of the Premises in the event of any such
destruction and not to determine the party responsible for the ultimate costs of such
restoration.
18. CITY'S DEFAULT: Except where another time limit is specifically provided,
CITY shall be in default of this agreement if it fails or refuses to perform any material
provisions of this agreement that it is obligated to perform if the failure to perform is not
cured within thirty (30) days after notice of such default has been given by COUNTY' to
CITY. If the default cannot be reasonably be cured within thirty (30) days, CITY shall not
be in default of this agreement if CITY commences to cure the default within the thirty (30)
day period and diligently and in good faith continues to cure the default.
19. COUNTY'S REMEDIES ON CITY'S DEFAULT: COUNTY, at anytime after
CITY is in default, can terminate this agreement or can cure the default at CITY's cost.
If COUNTY at anytime, by reason of CITY's default, pays any sum or does any act that
requires the payment of any sum, the sum paid by COUNTY shall be due from CITY to
COUNTY within five (5) days of notice of such sum (including charges for COUNTY's
employees and equipment), and if paid at a later date shall bear interest at the maximum
rate the COLTNTY is permitted by law to charge from the date the sum is paid by
COUNTY until COUNTY is reimbursed by CITY.
20. COUNTY'S DEFAULT: The occurrence of any one or more of the following
events shall constitute a default and breach of this agreement by COUNTY:
a. The vacating for more than thirty (30) consecutive days or
abandonment of the Premises by COUNTY.
b. The failure by COUNTY to perform any material provisions of this
agreement to be performed by COUNTY where such failure shall continue for a period of
thirty (30) days after notice by CITY to COUNTY; provided, however, that if the nature of
COUNTY's default is such that more than thirty (30) days are reasonably required for its
cure, then COUNTY shall not be deemed to be in default if COUNTY commences such
cure within said thirty (30) day period and thereafter diligently prosecutes such cure to
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completion. The purpose of this notice requirement is to extend the notice requirements
of the unlawful detainer statutes of California.
21. CITY'S REMEDIES ON COUNTY'S DEFAULT: In the event of any material
default by COUNTY which is not cured by COUNTY, CITY may, at its election, terminate
this agreement by giving COUNTY thirty (30) days notice of termination. The purpose of
this notice requirement is to extend the notice requirement of the unlawful detainer statutes
of California. On termination of the agreement for default pursuant to this paragraph,
CITY shall have the right to recover from COUNTY only any amount, and court costs,
necessary to compensate CITY for all detriment proximately caused by COUNTY's default
which CITY proves could not have been reasonably avoided.
22. 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
purposes:
a. To determine whether the Premises are in good condition;
b. To do any necessary maintenance and to make any restoration to the
Premises that CITY has the right or obligation to perform.
C. To serve, post, or keep posted any notices required by law;
d. To post "for sale" signs at anytime during the term, to post "for rent
or "for lease" signs during the last three (3) months of the term; and
e. To show the Premises to prospective brokers, agents, buyers, tenants,
lenders or persons interested in an exchange, at anytime during the term.
L To occupy and use areas designated for CITY's exclusive use and
scheduled use of joint use areas.
CITY shall conduct its activities on the Premises as allowed in this paragraph
in a manner that will cause the least possible inconvenience, annoyance, or disturbance to
COUNTY.
23. NOTICES:
a. Any notice, demand, request,consent, approval, or communication that
either party desires or is required to give to the other party or any other person shall be in
writing and either served personally or sent by prepaid, first-class mail. Any notice, demand,
request, consent, approval, or communication that either party desires or is required to give
to the other party shall be addressed to the other party at the address set forth below.
Either party may change its address by notifying the other party of the change of address.
Notice shall be deemed communicated two (2) COUNTY working days from the time of
mailing if mailed as provided in this paragraph.
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CITY's address: City of San Bernardino
Parks and Recreation Department
547 North Sierra Way
San Bernardino, CA 92410
COUNTY's address: Public Works Group
Real Estate Services Department
825 East Third Street, Room 207
San Bernardino, CA 92415-0832
24. INCORPORATION OF PRIOR AGREEMENT: This agreement contains all
of the agreements of the parties hereto with respect to any matter covered or mentioned in
this agreement, and no prior agreement or understanding pertaining to any such matter shall
be effective for any purpose.
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25. WAIVERS: No waiver by either party of any provisions of this agreement shall
be deemed to be a waiver of any other provision hereof or of any subsequent breach by
either party of the same or any other provisions.
26. AMENDMENTS: No provision of this agreement may be amended or added
to except by an agreement in writing signed by the parties hereto or their respective
successor in interest, expressing by its terms an intention to modify this agreement.
27. SUCCESSORS: This agreement shall inure to the benefit of and be binding
upon the heirs, executors, administrators, successors, and assigns of the parties hereto.
28. SEVERABILITY: If any word, phrase, clause, sentence, paragraph, section,
article, part or portion of this agreement is or shall be invalid for any reason, the same shall
be deemed severable from the remainder hereof and shall in no way affect or impair the
validity of this lease or any other portion thereof.
29. TIME OF ESSENCE: Time is of the essence of each provision of this
agreement which specifies a time within which performance is to occur. In the absence of
any specific time for performance, performance may be made within a reasonable time.
30. QUIET ENJOYMENT: Subject to the provisions of this agreement and
conditioned upon performance of all the provisions to be performed by COUNTY
hereunder, CITY shall secure to COUNTY during the agreement term the quiet and
peaceful possession of the Premises and all right and privilege appertaining thereto.
31. PROVISIONS ARE COVENANTS AND CONDITIONS: All provisions,
whether covenants or conditions, on the part of either party shall be deemed to be both
covenants and conditions.
32. CONSENT: Whenever consent or approval of either party is required that
party shall not unreasonably withhold such consent or approval.
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33. EXHIBITS: All exhibits referred to are attached to this agreement and
incorporated by reference.
34. LAW: This agreement shall be construed and interpreted in accordance with
the laws of the State of California.
35. VENUE: The parties acknowledge and agree that this agreement was entered
into and intended to be performed in San Bernardino County, California. The parties agree
that the venue for any action nor claim brought by any party to this agreement will be San
Bernardino County. Each party hereby waives any law or rule of court which would allow
them to request or demand a change of venue. If any action or claim concerning this
agreement is brought by any third party, the parties hereto agree to use their best efforts
to obtain a change of venue to the Central District of San Bernardino County.
36. ATTORNEYS',FEES AND COSTS: If any legal action is instituted to enforce
or declare any party's rights hereunder, each party, including the prevailing party, shall bear
its own costs and attorneys' fees. This paragraph shall not apply to those costs and
attorneys' fees directly arising from any third party legal action against a party hereto and
payable under Paragraph 15, "HOLD HARMLESS".
I37. JURY TRIAL WAIVER: CITY and COUNTY hereby waive their respective
right to trial by jury and agree to accept trial by judge alone of any cause of action, claim,
counterclaim or cross-complaint in any action,proceeding and/or hearing brought by either
CITY against COUN'T'Y or COUNTY against CITY on any matter whatsoever arising out
of, or in any way connected with, this agreement, the relationship of CITY and COUNTY,
COUNTY's use or occupancy of the Premises, or any'claim of injury or damage, or the
enforcement of any remedy under any law, statute, or regulation, emergency or otherwise,
now or hereafter in effect.
38. RIGHT TO TERMINATE: The COUNTY or CITY shall have the right to
terminate this agreement at any time. COUNTY or CITY shall give the other notice of any
termination pursuant to this paragraph at least ninety (90) days prior to the date of
termination. In the event CITY terminates this agreement pursuant to this paragraph, the
COUNTY shall have the right to receive from CITY the following amounts under this
agreement:
a. The COUNTY shall be entitled to be reimbursed by CITY for that
portion of the improvements as provided in subparagraph 39a, which have not been
amortized on the date of termination.
b. The total amount which the COUNTY is entitled to receive under this
paragraph shall be paid in a lump sum within thirty (30) days of the date of termination.
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t
39. IMPROVEMENTSIREPAIRS:
a. COUNTY, at its cost, agrees to make the improvements to the
Premises set forth in Exhibit 'B." The improvements shall be completed on the schedule
set forth in Paragraph 2, "TERM."
b. The cost of all such improvements shall be amortized over the initial
term of use of the Premises under Paragraph 8, "USE".
C. COUNTY or CITY may apply for and obtain grants for major repairs
and improvements to the Premises.
40. CAPTIONS, TABLE OF CONTENTS AND COVER PAGE: The paragraph
captions, table of contents and the cover page of this lease shall have no effect on its
interpretations.
41. SURVIVAL: The obligations of the parties which, by their nature, continue
beyond the term of this lease, will survive the termination of this lease.
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42. IN'T'ERPRETATIONS: As this agreement was jointly prepared by both parties,
the language in all parts of this agreement shall be construed, in all cases, according to its
fair meaning, and not for or against either party hereto.
END OF AGREEMENT TERMS.
COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO:
..� By: 2 �,
Chairman, Board of Supervisors
Dated: FEB 13 1996 Title: Mayor
Dated: c)- (o
SIGNED AND CERTIFIED THAT A COPY
OF THIS DOCUMENT HAS BEEN DELIVERED Attest:
TO THE CHAIRMAN OF THE BOARD
By:
EARLENE SPROAT, Clerk of the Board
of Supervis , S!
C+ 'Y�'t , R _ Title: City Clerk �
By:
cn � eputy�:; •n s� Dated:�,�y�o
��;' ;S APPROVED AS TO FORM AND
Date: - -=� LEGAL CONTENT:
JAMES F. PENMAN
Approved as to Legal Form: City Attorney
ALAN K. MARKS, County Counsel
�l
By: By:
Deputy
Dated:
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