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LEASE AGREEMENT
BETWEEN
THE CITY OF SAN BERNARDINO
AND
AKOMA UNITY CENTER, INC.
This Lease Agreement (“Lease”) is made and entered into on this 16 th day of September, 2026 by and between the CITY OF SAN BERNARDINO, a charter city and municipal corporation (“City”), and Akoma Unity Center, Inc., a Non-Profit (“Lessee”). City and Lessee may be referred to in this Lease individually as “Party”, “AUC”, or collectively as “Parties.”
RECITALS
A. City is the owner of certain real property identified as the Anne Shirrells Community Center located at 1367 N. California Ave., Assessor Parcel Numbers:
014321105, in the City of San Bernardino, County of San Bernardino, State of California (“the Property”), more particularly described in Exhibit “A”, attached hereto and incorporated herein by reference.
B. Upon the terms and conditions set forth hereinafter, Lessee desires to lease the Property (the “Leased Premises”) from the City, and City desires to lease the Leased Premises to Lessee for the purpose of operating programs and services at its facility to low income and at-risk youth within the immediate community and all San Bernardino residents to support youth development, community engagement, and the overall well- being of the surrounding neighborhood.
C. Lessor will not be responsible for any damage or injury occurring on the premises.
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
AGREEMENT
1. Term. The term of this Lease shall commence on July 1, 2026 (“Commencement Date”).
The lease provided herein shall continue for a period of three (3) years, ending on June 30, 2029. After expiration of the term under this Lease, and in the case where Lessee has not vacated the Leased Premises prior to expiration, tenancy shall continue on a month-to-month basis, under the same terms and conditions under this Lease, until either party terminates this Lease in accordance with Section 22 herein.
1.1 Renewal Option. Lessee has an option to extend this Lease for two (2) additional term(s) of one-year periods (“Extended Term”). To exercise the option, - 2 -
Lessee must provide written notice to City at least ninety (90) days before the end of the Initial Term.
2. Payments.
2.1 Base Lease Payments. Lessee shall pay to City, as rent, the sum of $2000 per month (the “Base Lease Payment”). The first lease payment shall be due on July 8, 2026, and shall be prorated to reflect Lessee’s occupancy for a fractional calendar month. Subsequent lease payments shall be due and payable on the first day of each calendar month.
2.2 Additional Rent. Commencing on the first anniversary of the date Lessee is obligated to pay rent under this Lease, and continuing on each subsequent anniversary during the term of this Lease, the Base Lease Payments shall be increased by each year ten percent (10%) of the 1st of July of each year after.
July 2029 - $2,200.00
July 2030 - $2,420.00
July 2031 - $2,662.00
2.3 Base Lease Payment for Extended Term. The Base Lease Payment for the first year of the Extended Term shall be equal to a ten percent (10%) increase over the amount of the Base Lease Payment in the preceding year. Each year thereafter throughout the Extended Term, the Base Lease Payment shall increase by ten percent (10%) over the Base Lease Payment amount in the preceding year.
3. Use. Lessee shall: i) observe and comply with all local, state, and federal laws and regulations, including any City, County and State restrictions, laws and ordinances affecting the Leased Premises or occupancy thereof; ii) not commit any waste or suffer any waste to be committed on the Leased Premises; and iii) only use the Leased Premises for one or more permitted uses, as defined herein.
3.1 Permitted Uses. For purposes of this Lease, only uses complying with all local, state, and federal laws and regulations, including applicable zoning and land use controls, shall be permitted uses.
3.2 Hours of Operation. Lessee may operate the Premises Monday through Sunday between the hours of 7:00 a.m. and 10:00 p.m., or at such other times as may be approved in writing by Landlord. Tenant may access the Premises outside these hours for maintenance, security, setup, cleanup, or other activities permitted under this Lease, provided such access complies with applicable laws and does not unreasonably interfere with neighboring properties.
4. Discrimination. Lessee herein covenants by and for itself, its heirs, executors, administrators, and assigns, and all persons claiming under or through it, and this Lease is made and accepted upon and subject to the requirement that there shall be - 3 -
no discrimination against or segregation of any person or group of persons, on account of race, color, creed, religion, sex, marital status, national origin, or ancestry, in the leasing, use, occupancy, tenure, or enjoyment of the Leased Premises, nor shall the Lessee itself, or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy, of Lessee, sublessees, or vendees in the Leased Premises herein leased.
5. Care of Leased Premises/Utilities. Lessee shall not perform any acts or carry on any practices which may damage or contaminate the Leased Premises or be a nuisance or menace to others, and shall keep the Leased Premises under its control, including sidewalks adjacent to the Leased Premises and landscaped areas free and clean from rubbish and dirt at all times, and shall remove all trash and garbage within the Leased Premises and arrange for the regular pick-up and cartage of such trash and garbage at Lessee's sole cost and expense.
5.1 Lessee shall, at its sole cost and expense, keep and maintain all trees, landscaping, greens, and perimeter fencing. Lessee shall not engage in or permit the cutting, removal, or destruction of trees or any other native vegetation on the Leased Premises, without the prior written approval of the City. Lessee shall not plant any trees on the Leased Premises, nor shall Lessee plant any other vegetation on the Leased Premises without the prior written approval of the City.
5.2. Utilities. Lessee shall be solely responsible for all utilities including electric, gas, water, sewer, trash, internet, and fire alarm monitoring, establishing accounts prior to July 1, 2026. A breakdown of the utility costs described in Exhibit “B”, attached hereto and incorporated herein by reference.
5.3. Utilities – Five-Year Cost Sharing Provision.
Year One: The first year of the Lease shall be used to conduct an energy-efficiency and utility assessment of the Premises and establish a baseline for utility consumption and costs. Lessee shall not be responsible for a percentage-based utility allocation during Year One unless otherwise stated in this Lease.
Years Two and Three: During the second and third years of the Lease, the Lessee shall implement mutually agreed-upon energy efficiency measures identified through the Year One assessment. Such measures may include, as appropriate, improvements to lighting, HVAC systems, controls, insulation, appliances, water efficiency, building operations, and other measures reasonably expected to reduce energy consumption and utility costs.
Year Four: In year four of the Lease, the City and Lessee shall negotiate in good faith and establish in writing the percentage of shared utility costs allocated to each party. In establishing such percentage, the parties shall consider the Year One utility assessment, actual utility costs and consumption during Years Two and Three, documented savings from energy-efficiency measures, changes in utility rates, - 4 -
occupancy, and other material factors affecting utility usage and costs. The agreed utility cost-sharing percentage shall be documented in a written amendment or other written agreement signed by both parties.
Year Five: Beginning in year five , Lessee shall be responsible for one hundred percent (100%) of all Utility Costs attributable to the Leased Premises.
Lessee shall fully implement and reasonably maintain the energy-efficiency measures identified in the year one assessment that are within Lessee’s control and responsibility.
Lessee shall be responsible for measures relating to its operations, equipment, and use of the Leased Premises, while City shall remain responsible for building systems and improvements under City’s control.
The City shall provide reasonable documentation supporting Lessee’s utility charges. If Lessee reasonably disputes the calculation, the parties shall review the assessment and supporting documentation in good faith and make any appropriate correction. Any material change in utility rates, building use, or other circumstances that materially affects utility costs may be considered in determining the applicable allocation.
5.4 Maintenance Responsibilities. City maintains building shell, roof, HVAC, plumbing/electrical mains, and grounds. Lessee maintains interior, janitorial, trash, and minor exterior repairs under $5,000.00.
6. Possessory Interest Tax.
6.1 Lease Subject to Possessory Interest Tax. Lessee hereby recognizes and understands that this Lease may create a possessory interest subject to property taxation, and that Lessee may be subject to the payment of property taxes levied on such interest. Any such imposition of a possessory interest tax shall be a tax liability of Lessee solely, notwithstanding any provision of this Lease to the contrary. In addition, Lessee shall pay any personal property taxes that may become due for equipment, fixtures, inventory, or other personal property installed, maintained, or present in the Leased Premises.
6.2 Payment of Possessory Interest Tax. Lessee shall promptly notify City of any possessory interest tax imposed against Lessee’s interest in the Leased Premises, and shall provide City with a copy of any bill or assessment imposing the possessory interest tax. City shall remit to the taxing agency the amount of the possessory interest tax imposed against Lessee, shall promptly notify Lessee in writing of the payment, and Lessee shall pay City the amount paid by City within 45 days of receiving City’s notice. Lessee’s failure to timely pay City this amount shall constitute a material breach of this Lease.
7. Acceptance of Leased Premises. Lessee acknowledges that City has made no representations or warranties as to the condition of the Leased Premises, and Lessee agrees to accept delivery thereof in an "as is" condition on the Commencement Date. - 5 -
City makes no representation or warranty as to the fitness of the Leased Premises for Lessee's use thereof and Lessee accepts same upon its own investigation, as is, and assumes all risks with respect to the use thereof.
8. Improvements, Repairs, Additions and Replacement
8.1 Lessee shall have the right, at its sole cost and expense, to construct on the Leased Premises, from time to time, such improvements as Lessee may deem necessary, provided the construction of the same shall be approved in writing by City prior to the commencement of any such construction. Any and all improvements, repairs and additions to the Leased Premises of every description and character hereafter made by Lessee, even though attached to the Leased Premises in a permanent manner, shall be and remain the separate and personal property of Lessee, and the same, at Lessee's option, may be removed from the Leased Premises by Lessee at any time prior to the expiration of this Lease, or any renewal hereof; provided that any damage to the Leased Premises caused by such removal shall be fully repaired by Lessee.
8.2 Lessee shall, at its own cost and expense, keep and maintain all such improvements hereinafter constructed on the Leased Premises in good condition and repair, and shall use all reasonable precaution to prevent waste, damage or injury to the Leased Premises. City shall, at any reasonable time, have the right to go upon the Leased Premises to inspect and examine the same relative to such maintenance and upkeep.
9.Delay in Possession. City agrees to use its best commercially reasonable efforts to deliver possession of the Leased Premises to Lessee by the commencement date of this Lease, as specified in Section 1 of this Lease. If, despite these efforts, City is unable to deliver possession as agreed, City shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease. Lessee shall not, however, be obligated to pay rent or perform its other obligations until it receives possession of the Leased Premises. If possession is not delivered within thirty (30) days after the Commencement Date, Lessee may, at its option, by notice in writing within ten (10) days after the end of such thirty (30) day period, cancel this Lease, in which event the Parties shall be discharged from all obligations hereunder.
10. Damage or Destruction of Leased Premises. If during the term of this Lease, any portion of the Leased Premises shall be damaged by fire or other catastrophic cause, so as to render such portion of the Leased Premises untenable, the obligations under this Lease may be suspended while such portion of the Leased Premises remains untenable. In the event of such damage, Lessee shall give City notice of such untenable conditions and the City shall elect in its sole discretion, whether to repair the Leased Premises or to cancel this Lease with respect thereto. It shall notify Lessee in writing of its election within thirty (30) days after service of notice by Lessee. In the event that City elects not to repair the Leased Premises or portion thereof, this Lease shall be deemed canceled as of the date the damage occurred with respect to the applicable portion(s). - 6 -
11. Covenant Against Liens. Lessee shall not create or suffer to exist and shall properly discharge, at his sole cost and expense, all liens, encumbrances or other charges encumbering the Leased Premises, or any part thereof, arising out of Lessee's acts.
12. Encumbrance By Lessee. Lessee shall not under any circumstances whatsoever encumber in any manner City’s estate in the Leased Premises or any adjoining property or City’s interest under this Lease, or any portion thereof. Lessee shall not encumber this Lease or Lessee’s interest in this Lease or assign or pledge assignment of the same as security for any debt, without first obtaining the written consent of City, which City may give or withhold in its sole discretion.
13. Regulatory Approvals: Lessee understands and agrees that Lessee’s use of the Leased Premises may require authorizations, approvals or permits from governmental regulatory agencies with jurisdictions over the Leased Premises. Lessee shall be solely responsible for obtaining any and all such regulatory approvals. Lessee shall not seek any regulatory approval without first obtaining the written consent of City.
Lessee shall bear all costs associated with applying for, obtaining and maintaining any necessary or appropriate regulatory approval and shall be solely responsible for satisfying any and all conditions imposed by regulatory agencies as part of regulatory approval.
Any fines or penalties levied as a result of Lessee’s failure to comply with the terms and conditions of any regulatory approval shall be immediately paid and discharged by Lessee, and City shall have no liability, monetary or otherwise, for any such fines or penalties. Lessee shall indemnify City and the other indemnified parties against all loses arising in connection with Lessee’s failure to obtain or comply with the terms and conditions of any regulatory approval.
14. Access by City. City reserves for itself and any of its designated agents the right to enter the Leased Premises as follows:
14.1 On an occasional basis, at all reasonable times after giving Lessee 24 hours’ advance written or oral notice, to post notice of non-responsibility, to conduct any environmental audit of Lessee’s use of the Leased Premises, to repair, alter or improve any part of the Property, building systems or Leased Premises, and or any other lawful purpose; and
14.2 On an emergency basis without notice whenever City believes that emergency access is required. City shall have the right to use any means that it deems proper to open doors in an emergency in order to obtain access to any part of the Leased Premises, and any such entry shall not be construed or deemed to be a forcible or unlawful entry into or a detainer of, the Leased Premises, or an eviction, actual or constructive, of Lessee from the Leased Premises or any portion thereof.
15. Reports. Lessee shall submit a report and provide such documentation to City as City may from time-to-time request regarding Lessee’s operations and verifying compliance thereof with this Lease and all laws. Without limiting the foregoing, each report shall include satisfactory evidence that Lessee maintains a valid and active - 7 -
partnership with the San Bernardino City Unified School District throughout the Term of this Lease.
16. Surrender. Upon the expiration or any earlier termination of this Lease pursuant hereto, Lessee shall surrender to City the Leased Premises in good condition, order and repair, free from debris and hazards, and free and clear of all liens, easements and other encumbrances created or suffered by, through or under Lessee, reasonable wear and tear excepted. On or before the Expiration Date or any earlier termination hereof, or later upon City’s request, Lessee shall, at its sole cost, remove any and all of Lessee’s personal property from the Leased Premises and demolish and remove any and all improvements and alterations installed or made on the Leased Premises by or at the expense of Lessee requested by City to be removed. In addition, Lessee shall, at its sole expense, repair any damage to the Leased Premises resulting from the removal of any such items and restore the Leased Premises to their condition immediately prior to the presence of such improvements or alterations. In connection therewith, Lessee shall obtain any and all necessary permits and approvals, including, without limitation, any environmental permits, and execute any manifests or other documents necessary to complete the demolition, removal or restoration work required hereunder. Lessee’s obligations under this Section shall survive the expiration or other termination of this Lease. Any items of Lessee’s personal property remaining on or about the Leased Premises after the expiration of this Lease may, at City’s option, be deemed abandoned and in such case City may dispose of such property in any manner allowed by law.
17. Hazardous Materials Prohibited. The use, generation, storage or disposal of Hazardous Materials on the Leased Premises is strictly prohibited, and any such use, generation, storage, or disposal shall result in a default and termination of this Lease. For the purpose of this Section, Hazardous Materials shall include, without limitation, substances defined as “hazardous substances”, “hazardous materials”, “toxic substances”, “hazardous wastes”, “extremely hazardous wastes”, or “restricted hazardous wastes”, or stated to be known to cause cancer or reproductive toxicity, under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. sections 9601, et seq; the Hazardous Materials Transportation Act, 49 U.S.C. sections 1801, et seq; the Resource Conservation and Recovery Act, 42 U.S.C. sections 6901, et seq; the Federal Water Pollution Control Act, 33 U.S.C. sections 1317, et seq; sections 25115, 25117, 25122.7, 25140, 25249.5, 25249.8, 25281, 25316 or 25501 of the California Health & Safety Code; or any substances so defined or stated in any of the regulations adopted and publications promulgated pursuant to said laws as they may be amended from time to time.
18. Indemnity. This Lease is made upon the express condition that City shall at all times be free from any and all liability and/or claim for damages in any way arising from or connected with any injury to any person or persons, including Lessee and sublessees, or any damage or loss as to any property of any kind whatsoever and to whomsoever belonging, including Lessee, or any other injury, damage or loss from any cause or causes whatsoever in any way connected with the Leased Premises during the Term of this Lease, or any occupancy thereof by Lessee. Lessee hereby covenants and agrees to indemnify, defend (with counsel reasonably approved by the City of San - 8 -
Bernardino), and hold City, the City Council, members of the City Council, its employees, agents and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or misconduct of Lessee, its officials, officers, employees, subcontractors, consultants, agents or sublessees, in connection with the performance of Lessee’s use of the Leased Premises or this Lease, including without limitation the payment of all consequential damages, expert witness fees, and attorneys’ fees and other related costs and expenses.
19. Insurance. Lessee shall obtain insurance of the types and in the amounts described below and satisfactory to the City.
19.1 Commercial General Liability Insurance. Lessee shall maintain occurrence version commercial general liability insurance or equivalent form with a combined single limit of not less than two million dollars ($2,000,000) per occurrence and the general aggregate limit not less than four million dollars ($4,000,000). Such insurance shall:
1. Include the City its officials, officers, employees, agents, and consultants as additional insureds with respect to the use of the Property and shall contain no special limitations on the scope of coverage or the protection afforded to the additional insureds;
2. Be primary with respect to any insurance or self-insurance programs covering the City, its officials, officers, employees, agents and consultants; and
3. Contain standard separation of insured provisions.
19.2 Workers' Compensation Insurance. Lessee shall maintain workers' compensation insurance with statutory limits and employers' liability insurance with limits of not less than one million dollars ($1,000,000) per occurrence.
19.3 Automobile Liability. Lessee shall maintain automobile liability insurance for bodily injury and property damage including coverage for owned, non- owned and hired vehicles, in a form and with insurance companies acceptable to the City with limits of not less than one million dollars ($1,000,000) combined single limit.
19.4 Privacy/Network Security (Cyber). Lessee shall maintain cyber liability insurance for (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and (4) the introduction, implantation or spread of malicious software code, in a form and with insurance companies acceptable to the City with limits of not less than one million dollars ($1,000,000) per occurrence and aggregate.
19.5 Certificates of Insurance. Lessee shall, prior to receiving possession of the Leased Premises, furnish the City with properly executed certificates of insurance and, if requested by the City, certified copies of endorsements and policies, which clearly - 9 -
evidence all insurance required under this Lease and provide that such insurance shall be not cancelled, allowed to expire or be materially reduced in coverage, except on thirty (30) days' prior written notice to the City. The City shall have the sole discretion to determine whether the certificates and endorsements presented comply with the provisions of this Lease.
19.6 Coverage Maintenance. Lessee shall replace certificates, policies and endorsements for any insurance expiring prior to the termination of this Lease.
Unless otherwise provided for in this Lease, Lessee shall maintain such insurance from the Commencement Date until termination of the Lease, except as otherwise provided in this Lease.
19.7 Licensed Insurer. Lessee shall place such insurance with insurers having A.M. Best Company ratings of no less than A:VIII and licensed to do business in California, unless otherwise approved, in writing, by the City.
20. Attorneys’ Fees. Should any action or proceeding be commenced to enforce the provisions provided in this Lease, or should any litigation be commenced between the parties to this Lease concerning the Property or the Leased Premises, this Lease, or the rights and duties of either in relation thereto, the prevailing party in such litigation shall be entitled, in addition to such other relief as may be granted as the result of said litigation, to a reasonable sum for its attorneys’ fees.
21. Assignment and Subletting. This Lease shall not, nor shall any interest therein, be assignable, as to the interest of Lessee, by operation of law, without the written consent of City.
22. Termination. Without limiting its ability to seek other remedies, either at law or in equity, either Party may terminate this Lease and all of the obligations herein, at its option, upon the other Party’s breach of any of its obligations under this Lease and failure to cure such breach within thirty (30) days after receipt of written notice from the non-breaching Party or, if such cure cannot be completed within thirty (30) days, the breaching Party’s failure to commence such cure within thirty (30) days after its receipt of written notice and thereafter failing to diligently prosecute such cure to completion.
In addition to the foregoing, upon expiration of the Lease term provided in Section 1 of this Lease either Party may terminate this Lease by providing the other party with ninety (90) days’ prior written notice of said wish to terminate. Said notice shall be sent via certified mail, return receipt requested, to the location specified in Section 26 of this Lease, and shall be deemed accepted upon delivery.
22.1 The Lease can be terminated only in the event the San Bernardino City Unified School District terminates its funding/ operating agreement with the LESSEE.
23. Default. Any of the following events or occurrences shall constitute a material breach of this Lease by Lessee, and shall constitute an Event of Default.
23.1 Any failure to pay any rent or other sums as and when due, provided - 10 -
Lessee shall have a period of three (3) days from the date of written notice of such failure from City within which to cure any default in the payment of rent or other sums. City shall not be required to provide such notice regarding Lessee’s failure to make such payments when due more than twice during any calendar year, and any such failure by Lessee after Lessee has received two (2) such notices in any calendar year shall constitute a default by Lessee hereunder without any requirement on the part of the City to give Lessee notice of such failure or an opportunity to cure; or
23.2 The failure to perform or comply with any condition, term, provision, promise, covenant, agreement, representation, warranty, guaranty, indemnity, duty or obligation made under this Lease, if not cured within fifteen (15) days from the date of written notice from the City shall automatically and without further notice hereunder be an immediate Event of Default, entitling the City to any and all remedies available to it hereunder or in law of equity provided, however, that if the breach is not reasonably capable of being cured within the aforesaid fifteen (15) days, by the Lessee commenced to cure a within said period, notified the City in writing of the commencement of such a cure, and thereafter diligently pursues the same to conclusion and successfully completes said cure within sixty (60) days of receipt of notice of said breach or violation, it shall not be an Event of Default hereunder, provided however that upon the occurrence during the Term of two (2) defaults for the same obligation during any consecutive twenty four (24) month period, City shall not be required to provide any notice regarding Lessee’s failure to perform such obligation, and any subsequent failure by Lessee after it has received two (2) such notices shall constitute a default without any requirement on the part of City to give notice of such failure or an opportunity to cure; or
23.3 Any vacation or abandonment of the Leased Premises for more than fourteen (14) consecutive days; or
23.4 The appointment of a receiver to take possession of all or substantially all of the assets of Lessee, or an assignment by Lessee for the benefit of creditors, or any action taken or suffered by Lessee under any insolvency, bankruptcy, reorganization, moratorium or other debtor relief act or statute, whether now existing or hereafter amended or enacted, if any such receiver, assignment or action is not released, discharged, dismissed or vacated within sixty (60) days.
24. Remedies. Upon the occurrence of an Event of Default by Lessee, City shall have the following rights and remedies in addition to all other rights and remedies available to City at law or in equity:
24.1 City may terminate this Lease and Lessee shall immediately surrender possession of the Leased Premises to City. In such event, City shall be entitled to recover from Lessee all damages incurred by City by reason of Lessee’s default.
24.2. City’s rights and remedies pursuant to California Civil Code Section 1951.2, including, but not limited to, the right to terminate Lessee’s right to possession of the Leased Premises and to recover the worth at the time of award of the amount by which the unpaid rent and any additional charges for the balance of the Term after the - 11 -
time of award exceeds the amount of rental loss for the same period that Lessee proves could be reasonably avoided. City’s efforts to mitigate the damages caused by Lessee’s breach of this Lease shall not waive City’s rights to recover damages upon termination.
24.3. City may, at its sole discretion, allow the Lease to continue in effect and enforce all rights and remedies under this Lease, including the right to recover rent as it becomes due, for so long as City does not terminate Lessee’s right to possession.
No action taken by City pursuant to this Section shall be deemed a waiver of any default by Lessee and, notwithstanding any subletting without termination; City may at any time thereafter elect to terminate this Lease for such previous default.
25. Notice. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered or sent by registered or certified mail, return receipt requested, telegraphed, delivered or sent by telex, telecopy or cable and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if mailed, three (3) business days after the date of posting by the United States post office, (iii) if given by telegraph or cable, one (1) business day after the date delivered to the telegraph company with charges prepaid.
To City: City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, California 92401
Attn: City Manager
To Lessee Akoma Unity Center, Inc.
Attn: Kimberly Calvin, Executive Director
1367 N. California Street
San Bernardino, CA 92411
Notice of change of address shall be given by written notice in the manner detailed in this Section. Rejection or other refusal to accept, or the inability to deliver because of changed address of which no notice was given, shall be deemed to constitute receipt of the notice, demand, request or communication sent.
26. Compliance with Laws. Lessee shall comply with all applicable Federal, State and local laws, regulations and standards that are or may become applicable to Lessee’s occupancy and/or activities on the Leased Premises. The judgment of any court of competent jurisdiction, or the admission of Lessee in a proceeding brought against it by any governmental entity, that Lessee has violated any such statute, ordinance, regulation, or requirement shall be conclusive as between the City and the Lessee and shall constitute grounds for declaration of default, material breach, forfeiture, and termination of this Lease by City.
27. Cumulative Remedies. No remedy or election contained herein shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity.
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28. Signs. All signs and graphics of every kind visible from public view corridors, or the exterior of the Property will be subject to City’s prior written approval, and will be subject to any applicable governmental laws, and ordinances and in conformance with City’s design standards.
29. Counterparts. This Lease may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument.
30. Captions. Any captions to, or headings of, the sections or subsections of this Lease are solely for the convenience of the parties hereto, are not a part of this Lease, and shall not be used for the interpretation or determination of the validity of this Lease or any provision hereof.
31. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Lease shall not be deemed to confer any rights upon, nor obligate any of the parties thereto, to any person or entity other than the parties hereto.
32. Amendment of Lease. The terms of this Lease may not be modified or amended except by an instrument in writing executed by each of the parties hereto.
33. Waiver. The waiver or failure to enforce any provision of this Lease shall not operate as a waiver of any future breach of any such provision or any other provision hereof.
34. Applicable Law. This Lease shall be governed by and construed in accordance with the laws of the State of California. The venue of any disputes arising out of this Lease shall be the state and federal courts located in the County of San Bernardino.
35. Fees and Other Expenses. Except as otherwise provided herein, each of the Parties shall pay its own fees and expenses in connection with this Lease, including any permit or license fees which Lessee may be required to obtain pursuant to its occupancy.
36. Authority to Execute Lease. Lessee and City warrant that the individuals who have signed this Lease have the legal power, right and authority to enter into this Lease so as to bind each party for whom they sign to perform as provided herein.
37. Successors and Assigns. This Lease shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto.
38. Incorporation of Recitals. Each and all of the Recitals to this Lease are incorporated by reference as though fully set forth herein.
39. Entire Agreement. This Lease supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement - 13 -
between City and Lessee as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to any employees, officer, agent or representative of either party shall be of any effect unless it is in writing and executed by the party to be bound thereby.
40. Severability. If any portion of this Lease is declared by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions of this Lease shall continue in full force and effect.
41. Electronic Signature. Each Party acknowledges and agrees that this Lease may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature
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SIGNATURE PAGE TO LEASE AGREEMENT BETWEEN CITY OF SAN
BERNARDINO AND AKOMA UNITY CENTER, INC.
IN WITNESS WHEREOF, the Parties have executed this Lease as of the date first written above.
CITY
CITY OF SAN BERNARDINO
APPROVED BY:
Eric Levitt
City Manager
ATTESTED BY:
Telicia Lopez, CMC
City Clerk
APPROVED AS TO FORM:
Albert Maldonado
City Attorney
LESSEE
Akoma Unity Center, Inc
APPROVED BY:
Kimberly Calvin
Executive Director
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EXHIBIT A
Property located at 1367 N. California Ave., San Bernardino, CA 92411 APN: 014321105
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EXHIBIT B
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