Agenda Item No. 17
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Trevor Benson, Public Safety Manager
FOR: City Council Meeting of May 13, 2024
SUBJECT: First Extension and Amendment to the Lease Agreement between the City of Yucaipa and the County of San Bernardino for Police Facility
RECOMMENDATION:
That the City Council authorize the City Manager or his designee to administer the terms of the First Extension and Amendment to the Lease Agreement between the City of Yucaipa and County of San Bernardino for the premises located at 34114 Yucaipa Blvd, Yucaipa, CA 92399.
DISCUSSION:
On June 20, 2014, the City of Yucaipa as Landlord (City) and the County of San Bernardino as tenant (County) entered into a lease agreement wherein the City agreed to lease the premises compromising approximately 22,078 square feet located at 34114 Yucaipa Blvd to the County. In the lease the County shall pay the City an annual rent fee of $1 per year, with the option to extend the terms of the lease for two five-year extensions at $1 per year. This property currently houses the County Sheriff substation, otherwise known as the Yucaipa Police Department. The lease is currently scheduled to expire on June 30", 2024.
The City and County wish to amend the lease to reflect the County's exercise of the first of its two five-year options to extend for the period of July 1", 2024, through June 30th, 2029, at the rate of $1 per year. All other provisions and terms of the lease shall remain the same.
FISCAL IMPACT:
The FY25 Annual Budget includes the cost of this item.
Attachment(s):
1. Original Contract Executed June 24th, 2014.
2. Extension and Contract Amendment
Approved By: :: � ��
ATTACHMENT 1
vINIvIIV1-1L..
FOR COUNTY USE ONLY
County of San Bernardino
F A S
CONTRACT TRANSMITTAL
CONTRACTOR City of Yucaipa
Y
I New
FAS Vendor Code
Dept
Contract Number
.❑
Change
RR91 PPTYTX
SC RNT
1 H 2—
Cancel
ePro Vendor Number
ePro Contract Number
00005151
1411165
_
County Department Dept. Orgn
Contractor's License No
Real Estate Services Department RNT RNT
County Department Contract Representative Telephone
Total Contract Amount
David H. Slaughter, Director 909 387-5252
S10.00
Contract Type
_
[j Revenue [] Encumbered ;[1 Unencumbered �Xi Other -
If not encumbered or revenue contract type, provide reason:
Commodity Code (Contract Start Date Contract End Date
Original Amount
_
Amendment Amount
96164 I 7/1 /2014 1 6/30/2024
$10.00
Fund
Dept.
Organization
Appr.
Obj/Rev Source
GRC/PROJ/JOB No.
Amount
AAA
RNT
RNT
200
2905
Fund
Dept.
Organization
Appr
Obj/Rev Source
GRC/PROJ/JOB No.
Amount
Fund
Dept.
Organization
Appr
Obj/Rev Source
�GRC/PROXJOB No.
Amount
Project Name
Estimated Payment Total by Fiscal Year
YUCAIPA - SHERIFF
FY Amount I/D FY Amount I/D
_34114 Yucaipa Boulevard
Federal ID No. or Social Security No.
Contractor's Representative Raymond A. Casey, City Manager Address 34272 Yucaipa Blvd., Yucaipa, CA 92399-9950
Nature of Contract;
Phone (909) 797 - 2489
This Lease ("Lease") for the Yucaipa Sheriff Station is for a period of ten (10) years with two (2) five-year options. Leased Premises consist of 22,078 square feet of office space. Rental is $1.00 per year. CITY shall provide all maintenance including janitorial service, grounds, exterior and interior maintenance and repairs, parking lot and maintenance including exterior lighting. CITY to provide all utilities including electricity, natural gas, water, sewer, trash. fire alarm. and extinguisher services.
COUNTY services also include telephones, copiers, printers, fax machines, computers and associated IT services, televisions, office supplies, radio/communications equipment and stand-alone file cabinets as covered under the current Law Enforcement Services Contract between the COUNTY and CITY
Approved as to Legal Form (sign in blue ink)
► (See Signature Page)
County Counsel
Date
Auditor-C_ontro/ler/Treasurer/Tax Collector Use Only
❑ Contract Database ❑ FAS
Input Date I Keyed By
Reviewed as to Contract Compliance Prese
► ►
Terry V
Date Date
nature
r. Real Estate Services Dept.
Revised 03/22/2012
COUNTY OF SAN BERNARDINO
LEASE AGREEMENT
CITY: CITY OF YUCAIPA
34272 Yucaipa Boulevard
Yucaipa, CA 92399-9950
COUNTY: COUNTY OF SAN BERNARDINO
Real Estate Services Department
385 North Arrowhead Avenue, Third Floor
San Bernardino, CA 92415-0180
PREMISES: 34114 Yucaipa Boulevard
Yucaipa, CA 92399
TERNI OF LEASE: Ten (10) years with two (2) five-year options COMMENCEMENT DATE OF LEASE: Upon completion of construction of the facility and issuance of a certificate of occupancy
RENT: S 1.00 per year
COUNTY CONTRACT NUMBER:
REV: 11-28-2012
TYPED:
TABLE OF CONTENTS
PARAGRAPH CAPTION PAGE
1. PARTIES........................................................................................................1
2. PREMISES LEASED..................................................................................... I
3. TERM.............................................................................................................1
4. RENT...............................................................................................................1
5. EXPANSION OF RENTAL SPACE..............................................................1
6. REDUCTION OF RENTAL SPACE.............................................................1
7. OPTION TO EXTEND TERM.......................................................................1
8. RETURN OF PREMISES..............................................................................2
9. HOLDING OVER...........................................................................................2
10. TAXES............................................................................................................2
11. USE.................................................................................................................2
12. HEALTH, SAFETY AND FIRE CODE REQUIREMENTS .........................2
13. SIGNS.............................................................................................................2
14. MAINTENANCE...........................................................................................3
15. ALTERATIONS.............................................................................................4
16. FIXTURES......................................................................................................4
17. UTILITIES......................................................................................................4
18. INDEMNIFICATION.....................................................................................4
19. INSURANCE REQUIREMENTS AND SPECIFICATIONS ........................5
20. DESTRUCTION OF PREMISES...................................................................5
21. CITY'S DEFAULT.........................................................................................6
22. COUNTY'S REMEDIES ON CITY'S DEFAULT.........................................6
23. COUNTY'S DEFAULT..................................................................................7
24. CITY'S REMEDIES ON COUNTY'S DEFAULT.........................................7
25. CITY'S ACCESS TO PREMISES..................................................................7
26. NOTICES........................................................................................................8
27. INCORPORATION OF PRIOR AGREEMENT............................................8
28. WAIVERS......................................................................................................9
29. AMENDMENTS............................................................................................9
30. SUCCESSORS...............................................................................................9
31. SEVERABILITY............................................................................................9
32. TIME OF ESSENCE......................................................................................9
33. QUIET ENJOYMENT....................................................................................9
34. PROVISIONS ARE COVENANTS AND CONDITIONS ............................9
35. CONSENT ......................................................................................................9
36. EXHIBITS.......................................................................................................9
37. LAW...............................................................................................................9
38. RESERVED....................................................................................................9
Table of Contents
Page -2-
PARAGRAPH CAPTION PAGE.
39. ATTORNEYS' FEES AND COSTS...............................................................9
40. RESERVED..................................................................................................10
41. RIGHT TO TERMINATE LEASE...............................................................10
42. CAPTIONS, TABLE OF CONTENTS AND COVER PAGE.....................10 4 3.
SURVIVAL..................................................................................................10
44. FORMER COUNTY OFFICIALS................................................................10
45. HAZARDOUS SUBSTANCES...................................................................10
46. PUBLIC RECORDS DISCLOSURE: .......................................................... 11 47.
CONDITION OF PREMISES......................................................................12
48. CONDEMNATION......................................................................................12
49. MATERIAL MISREPRESENTATION.......................................................13
50. INTERPRETATIONS..................................................................................13
51. USE OF AMERICAN RECOVERY AND REINVESTMENT ACT OF
2009 FUNDS AND REQUIREMENTS.......................................................13
52. SCHEDULE OF EXPENDITURE OF FEDERAL AWARDS....................14
53. AUTHORIZED SIGNATORS......................................................................15 EXHIBIT "A" Premises Specifications
EXHIBIT `B" Janitorial Contractor Services
EXHIBIT "C" List.of Former County Officials
EXHIBIT "D" Insurance Provisions
LEASE AGREEMENT
1. PARTIES: This lease ("Lease") is made between the City of Yucaipa, a municipal corporation ("CITY"), and the County of San Bernardino, a political subdivision of the State of California ("COUNTY"), who agree as follows:
2. PREMISES LEASED: LANDLORD leases to COUNTY and COUNTY leases from CITY 22,078 square feet of the building, and other improvements, with eighty-eight (88) parking spaces, including handicapped parking, to be located at 34114 Yucaipa Boulevard, Yucaipa, CA 92399 ("Premises"), as described in Exhibit "A", Premises Specifications.
3. TERM: The Lease's initial term ("Initial Term") shall commence upon completion of construction and issuance of a certificate of occupancy for the Premises ("Commencement Date") and end on June 30, 2024 ("Ending Date").
4. RENT: COUNTY shall pay to CITY annual rent of $1.00 in advance on the first day of each year. CITY shall accept all rent and other payments from COUNTY under this Lease via electronic funds transfer (EFT) directly deposited into the CITY's designated checking or other bank account. CITY shall promptly comply with directions and accurately complete forms provided by COUNTY required to process EFT payments.
5. EXPANSION OF RENTAL SPACE: There is no expansion of rental space.
6. REDUCTION OF RENTAL SPACE: If at any time during the term of this Lease, CITY ceases to contract with the COUNTY for law enforcement services, the Parties agree that the CITY shall have a one-time right to reduce the size of the Premises leased to the COUNTY to 10% o of the Premises, or a smaller percentage as may be agreed upon by the Parties, provided that CITY delivers written notice to COUNTY of such election to reduce (the "Reduction Notice") not less than one hundred eighty (180) days prior to the proposed reduction date (the "Reduction Date"). The Reduction Notice shall identify (a) the area of the Premises that is the subject of the reduction ("Reduction Space") and (b) the area of the Premises that will remain subject to this Lease (the "Remaining Space"). CITY shall be obligated, at its sole cost and expense, to construct and install tenant improvements in the Remaining Space to the reasonable satisfaction of COUNTY, provided that CITY shall not be obligated to pay costs and expenses for tenant improvements exceeding Two Thousand Five Hundred Dollars and 00/100 ($2,500.00). CITY shall complete all such tenant improvements in the Remaining Space prior to the Reduction Date. Within sixty (60) days of delivering to the COUNTY the Reduction Notice, CITY shall prepare and deliver to COUNTY an amendment to this Lease to accurately reflect the changes in the Premises and any other appropriate terms.
7. OPTION TO EXTEND TERM: CITY gives COUNTY the option to extend the term of the Lease on the same provisions and conditions, for two (2) five-year periods ("extended terms") following expiration of the Initial Term, by COUNTY giving notice of its intention to exercise the option to CITY prior to the expiration of the preceding term. COUNTY shall give CITY notice of its intention to exercise the option at least 90 days prior to the expiration of the Initial Tern and 90 days prior to the expiration of the first extended tern in the event COUNTY had exercised its option for the first extended term.
8. RETURN OF PREMISES: The COUNTY agrees that it will, upon the termination of this Lease, return the Premises in a good condition as the Premises now are or shall hereafter be put; reasonable wear and tear excepted.
9. HOLDING OVER: In the event the COUNTY shall hold over and continue to occupy the Premises with the consent of the CITY, expressed or implied, 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 of this Lease.
10. TAXES: CITY shall pay all real property taxes, and general and special assessments levied and assessed against the Premises.
11. USE: COUNTY shall occupy and use the Premises for the purpose of conducting law enforcement activities in the City of Yucaipa and in County -governed areas surrounding the City of Yucaipa.
12. HEALTH, SAFETY AND FIRE CODE REQUIREMENTS:
A. As a condition precedent to the existence of this Lease, CITY, at its sole expense will ensure that all portions of the Premises meet 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, California Title 24 requirements and the Americans with Disabilities Act ("ADA").
Specifically, CITY must ensure there is an accessible path of travel from public transportation to the Premises pursuant to Title 24. Additionally, CITY warrants that to the best of its knowledge, any improvements on or in the Premises which have been constructed or installed by CITY or with CITY's consent or at CITY's direction shall comply with all applicable covenants or restrictions of record and applicable Codes, statutes, regulations and ordinances in effect on the Commencement Date. CITY also warrants to COUNTY that CITY has no actual knowledge of any claim having been made by any governmental agency that a violation or violations of applicable Codes, statutes, regulations, or ordinances exist with regard to the Premises as of the Commencement Date. Should the continued occupancy of the Premises be in any way prejudiced or prevented due to changes in the ADA or the Health, Safety, Fire and Building Codes, statutes, regulations or ordinances for public and governmental buildings, the CITY shall correct, update and comply with said changes at CITY's cost.
B. The Premises have not been inspected by a Certified Access Specialist.
13. SIGNS: COUNTY will display from the windows and/or marquee of the Premises only such sign or signs as are not prohibited by law and approved in writing by CITY. CITY shall permit COUNTY to place exterior banners with prior written approval. All signs/banners must comply with CITY regulations and applicable ordinances. 1 14. MAINTENANCE:
A. CITY at its sole cost shall perfonn such inspections, maintenance and repairs as are necessary to ensure that all portions of the Premises, including but not limited to the following, are at all times in good repair and safe condition:
(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; and, (2) The electrical, including all light fixtures and bulbs, plumbing, and sewage systems, including, without limitation, those portions of the systems owned or controlled by CITY lying outside the Premises; and,
(3) Window frames, gutters, and downspouts on the building and other improvements that are a part of the Premises; and,
(4) Heating, ventilation and air conditioning (HVAC) systems servicing the Premises, additionally, air-conditioning and heating filters are to be changed quarterly. Upon commencement of this lease agreement and every three (3) years thereafter, CITY is to provide an air balance certificate and maintenance of HVAC servicing; and, (5) The grounds, including all parkin, areas and outside lighting, grass, trees, shrubbery and other flora; and,
(6) The servicing of fire extinguishers or any other fire suppression equipment attached to the facility; and,
(7) Interior maintenance and janitorial services. Janitorial services, as set forth in Exhibit `B", Janitorial Contractor Services, must be performed in a workman -like manner by a licensed and qualified independent contractor and prospective employees shall be required to have a background check completed and paid for by the COUNTY. CITY shall perform interior maintenance and janitorial services at a time and in a manner that will cause the least possible inconvenience, annoyance, or disturbance to COUNTY.
B. If, (a) COUNTY gives notice to CITY of a condition requiring maintenance or repairs, and CITY fails to comply with Paragraph 14.A. during the term of this Lease, and COUNTY gives written notice to CITY of such failure, and CITY does not commence the performance of its maintenance or repair obligations within thirty (30) days of receiving such notice, or does not diligently prosecute its obligations to completion thereafter, or (b) in the case of an emergency, whether or not COUNTY has given notice to CITY, CITY does not immediately perform its obligations, COUNTY can perform the obligations and have the right to be reimbursed for the sum COUNTY actually and reasonably expends (including charges for COUNTY employees and equipment) in the performance of CITY's obligations. The sum expended by COUNTY shall be due from CITY to COUNTY within fifteen (15) days of notice of such sum, and if paid at a later date shall bear interest at the maximum rate the COUNTY is 3 permitted by law to charge from the date the sum was paid by COUNTY until COUNTY is reimbursed by CITY. If CITY fails to reimburse COUNTY as required by this paragraph, COUNTY shall have the right to withhold from future rent due the sum COUNTY has paid until COUNTY is reimbursed in full for the sum and interest on it. The remedies set forth in this paragraph are in addition to and do not in any manner limit other remedies set forth in particular paragraphs of this Lease. COUNTY shall forward to CITY receipts and/or documentation supporting the amount withheld.
15. ALTERATIONS: COUNTY shall not make any structural or exterior improvements or alterations to the Premises without CITY's written consent. Any such alterations shall remain on and be surrendered with the Premises on expiration or termination of the Lease.
16. FIXTURES: COUNTY shall have the right during the term(s) of this Lease to install shelving and fixtures, and make interior, non-structural improvements or alterations in the Premises, but only after receiving CITY's prior written consent Fixtures shall be new and of equal quality to that existing in Premises as of the Commencement Date. 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 Lease or within ten (10) days thereafter, provided that the COUNTY restores the Premises to the condition as it existed at the commencement of this Lease, 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 not affected by the surrendered or aforementioned items. Any such election to surrender must be in writing, but need not be accepted by CITY to be effective. CITY, at its sole discretion, may offer to purchase any fixtures not surrendered by COUNTY. The purchase price shall be negotiated amongst the parties. CITY reserves the right to bill the COUNTY for the expense of disposing of the fixtures abandoned by COUNTY, not previously accepted by CITY. The sum expended by CITY shall be due from COUNTY to CITY within thirty (30) days of notice of such sum, and if paid at a later date shall bear interest at the maximum rate the CITY is permitted by law to charge from the date the sum was paid by CITY until CITY is reimbursed by COUNTY. If COUNTY does not surrender any item in writing, but does not remove such item within ten (10) days after the expiration or earlier termination of this Lease, then COUNTY shall be deemed to have surrendered the item and it shall become property of the CITY.
17. UTILITIES: CITY shall furnish to the Premises and pay all service charges and related taxes for electric, gas, water, sewer, trash, fire alarm service and all other utilities. COUNTY shall furnish and pay for interior security as needed, vending machines and its own telephone service including pay telephones.
18. INDEMNIFICATION:
A. COUNTY shall indemnify, defend and save harmless CITY, its officers, employees, servants, volunteers, and agents from any and all claims, losses or liability for personal injury or property damage due to any active negligence or willfiil misconduct by COUNTY in connection with the Premises.
M
B. CITY shall indemnify COUNTY, its officers, employees, servants, volunteers, and agents from any and all claims, losses or liability for personal injury or property damage due to any active negligence or willful misconduct by CITY in connection with the Premises.
C. In the event that either party is determined to be comparatively at fault for any claim, action, loss or damage which results from their respective obligations under this Agreement, the party shall indemnify the other to the extent of its comparative fault.
D. The indemnification obligations set forth in this Section 18 shall survive the term of this Lease, including any extended term. The insurance provisions in Paragraph 19, INSURANCE REQUIREMENTS AND SPECIFICATIONS, shall not be interpreted in a manner that limits the indemnification obligations.
19. INSURANCE REQUIREMENTS AND SPECIFICATIONS:
A. COUNTY is a self -insured public entity for purposes of professional liability, general liability and workers' compensation.
B. CITY is a self -insured public entity for purposes of professional liability, general liability and workers' compensation.
C. Without in any way affecting the indemnity herein provided and in addition thereto, both the COUNTY and CITY, individually, shall bear all costs to secure and maintain throughout the Lease insurance against claims for injuries to persons or damages to property.
Both the COUNTY and CITY agree to impose on any and all parties or subcontractors, or others it hires or contracts related to this Lease of the use of the Premises the insurance provisions set forth in Exhibit "D". COUNTY and CITY may each meet their respective insurance requirements through a State approved self-insurance program or a public agency pooled liability program.
20. DESTRUCTION OF PREMISES:
A. During the term of this Lease, if any casualty renders a portion of the Premises unusable for the purpose intended, then CITY may, at CITY'S option, terminate this Lease. If CITY does not terminate this Lease, then CITY shall, at CITY's expense, restore the Premises and repair any damages caused by such casualty as soon as reasonably possible and this Lease shall continue in full force and effect. If CITY does not terminate this Lease and does not commence the restoration of the Premises in a substantial and meaningful way within one hundred twenty (120) days following the CITY's receipt of written notice of the casualty, or should CITY commence restoration by thereafter fail to diligently pursue completion of the restoration of the Premises, after receipt of written notice from COUNTY of such failure, and if CITY fails to provide reasonable alternate facilities within a reasonable period of time, COUNTY may, at its option, terminate this Lease immediately upon written notice to the CITY.
If COUNTY elects to terminate this Lease pursuant to this provision, COUNTY shall be discharged of all future obligations under this Lease. Alternatively, if CITY does not terminate this Lease but fails to commence the restoration of the Premises as required above or fails to diligently pursue the completion of the restoration as aforesaid fails to provide alternate facilities 5 within a reasonable period of time, COUNTY may, at its option and in its sole discretion, after notice to CITY, perform CITY's obligations and restore the Premises. If COUNTY elects to restore the Premises, COUNTY shall have the right to be reimbursed for all sums it actually and reasonably expends (including charges for COUNTY employees and equipment) in the perfonnance of CITY's obligations. The sum paid by COUNTY shall be due from CITY to COUNTY within twenty (20) days of notice of such sum, and if paid at a later date shall bear interest at the rate the COUNTY receives on its invested funds from the date the sum was paid by COUNTY until COUNTY is reimbursed by CITY. If CITY fails to reimburse COUNTY as required by this paragraph, COUNTY shall have the right to withhold from future rent due the sum COUNTY has paid until COUNTY is reimbursed in full for the sum and interest on it. The remedies set forth in this paragraph are in addition to and do not in any manner limit other remedies set forth in particular paragraphs of this Lease. COUNTY shall forward to CITY receipts and other reasonable evidence supporting the costs incurred in its notice demanding payment. For the purposes of this paragraph, the phrase "commence ... in a substantial and meaningful way" shall mean either the unconditional authorization of the preparation of the required plans, the issuance of any required Building Pen -nits or the beginning of the actual work on the Premises.
B. In the event there is a destruction of a portion of the Premises as set out in subparagraph A above, there shall be an abatement or reduction of the rent beriveen the date of destruction and the date of completion of restoration or the date of termination of this Lease, whichever comes first. The abatement or reduction of the rent shall be in proportion to the degree to which COUNTY's use of the Premises is impaired.
C. In the event there is a destruction of a portion of the Premises as set out in subparagraph A, above, and the Lease 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.
D. In the event CITY is required to restore the Premises as provided in this paragraph, CITY shall not be responsible for restoring any shelving, fixtures, or interior nonstructural improvements or alteration made by the COUNTY pursuant to Paragraph 15, FIXTURES, of this Lease.
21. CITY'S DEFAULT: CITY shall be in default of this Lease if CITY fails or refuses to perform any material provisions of this Lease and such failure or refusal to perform is not cured within sixty (60) days following CITY's receipt of written notice of default from COUNTY. If the default cannot reasonably be cured within sixty (60) days, CITY shall not be in default of this Lease if CITY commences to cure the default within the sixty (60) day period and diligently and in good faith continues to cure the default.
22. COUNTY'S REMEDIES ON CITY'S DEFAULT: COUNTY, at any time after CITY is in default, can terminate this Lease immediately upon written notice to CITY or can cure the default at CITY's cost. If COUNTY at any time, by reason of CITY's default, pays any sum or does any act that requires the payment of any sum (including charges for COUNTY's employees and equipment), the sum paid by COUNTY shall be due from CITY to COUNTY within five (5) days of notice of such sum, and if paid at a later date shall bear interest at the maximum rate the G
COUNTY is permitted by law to charge from the date the sum was paid by COUNTY until COUNTY is reimbursed by CITY. If CITY fails to reimburse COUNTY as required by this paragraph, COUNTY shall have the right to withhold from future rent due the sum COUNTY has paid until COUNTY is reimbursed in frill for the sum and interest on it. The remedies set forth in this paragraph are in addition to and do not in any manner limit other remedies set forth in particular paragraphs of this Lease.
23. COUNTY'S DEFAULT: The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by COUNTY:
A. The vacating for more than thirty (30) consecutive days, (unless caused by casualty or emergency), or abandonment of the Premises by COUNTY.
B. The failure by COUNTY to perform any provisions of this Lease to be performed by COUNTY, including failure by COUNTY to pay rent, 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 completion.
The purpose of this notice requirement is to extend the notice requirements of the unlawful detainer statutes of California.
24. CITY'S REMEDIES ON COUNTY'S DEFAULT:
A. In the event of any default hereunder by COUNTY, not cured within the applicable cure period, if any, CITY may terminate this Lease by written notice to COUNTY, and whether or not CITY so terminates, CITY shall have all of its rights and remedies, at law and in equity for the default.
B. In no event shall CITY be entitled to accelerate the rent due hereunder.
25. 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; and, B. To do any necessary maintenance and to make any restoration to the Premises that CITY has the right or obligation to perform; and
C. To serve, post, or keep posted any notices required by law; and D. To post "for sale" signs at any time during the term, to post "for rent" or "for lease" signs during the last (3) months of the term; and E. To show the Premises to prospective brokers, agents, buyers, tenants, lenders of persons interested in an exchange, at any time during the term. 7 CITY shall use good faith efforts to 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.
26. 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.
CITY's address: City of Yucaipa
34272 Yucaipa Boulevard
Yucaipa, CA 92399-9950
Attn: City Manager
COUNTY's address: County of San Bernardino
Real Estate Services Department
385 North Arrowhead Avenue, Third Floor
San Bernardino, CA 92415-0180
B. If, at any time after the COUNTY accepts the Premises, the CITY assigns or transfers a non -controlling interest of its rights in the Premises to a third party, CITY must notify COUNTY of its action at least fifteen (15) COUNTY working days prior to completing any such action.
C. If, at any time after the COUNTY accepts the Premises, the CITY assigns or transfers a controlling interest of its rights in the Premises to a third party, CITY must notify COUNTY of its action at least fifteen (15) COUNTY working days prior to completing any such action. The new owner must provide COUNTY with evidence of completion of such action.
The parties shall immediately execute an amendment to this Lease stating the change of ownership of the Premises.
D. Within fifteen (15) COUNTY working days of completing any action which affects a change in the ownership of the Premises, the new owner must provide COUNTY evidence of obtaining insurance in compliance with Exhibit "B" to this Lease.
27. INCORPORATION OF PRIOR AGREEMENT: This Lease contains all of the agreements of the parties hereto with respect to any matter covered or mentioned in this Lease, and no prior agreement or understanding pertaining to any such matter shall be effective for any purpose.
28. WAIVERS: No waiver by either party of any provisions of this Lease 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.
29. AMENDMENTS: No provision of this Lease 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 Lease.
30. SUCCESSORS: This Lease shall inure to the benefit of and be binding upon the heirs, executors, administrators, successors, and assigns of the parties hereto.
31. SEVERABILITY: If any word, phrase, clause, sentence, paragraph, section, article, part or portion of this Lease 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.
32. TIME OF ESSENCE: Time is of the essence of each provision of this Lease 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.
33. QUIET ENJOYMENT: Subject to the provisions of this Lease and conditioned upon performance of all the provisions to be performed by COUNTY hereunder, CITY shall secure to COUNTY during the Lease term the quiet and peaceful possession of the Premises and all right and privilege appertaining thereto.
34. 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.
35. CONSENT: Whenever consent or approval of either party is required that party shall not unreasonably withhold, condition or delay such consent or approval.
36. EXHIBITS: All exhibits referred to are attached to this Lease and incorporated by reference.
37. LAW: This Lease sliall be construed and intei-l)rcted in accordance with the laws of the State of California.
38. RESERVED:
39. 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, must 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 the COUNTY, including such costs and attorneys' fees payable under Paragraph 18, INDEMNIFICATION, Paragraph 45, HAZARDOUS SUBSTANCES, and Paragraph 46, PUBLIC RECORDS DISCLOSURE. 9 40. RESERVED:
41. RIGHT TO TERMINATE LEASE: Each Party shall have the right to terminate this Lease at any time whenever, in its sole discretion, the tenninating party shall determine it would be in its best interest to terminate this Lease. The Director of the Real Estate Services Department (RESD) shall have the authority to give the CITY notice of any tenmination pursuant to this paragraph. Either party shall give the other written notice of any termination pursuant to this paragraph at least three hundred and sixty five (365) days prior to the date of termination. In the event COUNTY terminates this Lease pursuant to this paragn-aph, the CITY shall have the right to receive from COUNTY only the rent which will have been earned at the date of termination.
42. 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.
43. SURVIVAL: The obligations of the parties that, by their nature, continue beyond the term of this Lease, will survive the termination of this Lease.
44. FORMER COUNTY OFFICIALS: CITY agrees to provide or has already provided information on former COUNTY administrative officials (as defined below) who are employed by or represent CITY. The information provided includes a list of former COUNTY administrative officials who terminated COUNTY employment within the last five years and who are now officers, principals, partners, associates or members of the business. The information should also include the employment and/or representative capacity and the dates these individuals began employment with or representation of your business. For purposes of this provision, "COUNTY administrative official" is defined as a member of the Board of Supervisors or such officer's staff, COUNTY Administrative Officer or member of such officer's staff, COUNTY department or group head, assistant department or group head, or any employee in the Exempt Group, Management Unit or Safety Management Unit. (See Exhibit "C", List of Former County Officials.)
45. HAZARDOUS SUBSTANCES:
A. CITY hereby represents and warrants that, to the best of CITY's knowledge, information and belief: (i) the Premises have not been exposed to Hazardous Substances and are presently free of all Hazardous Substances; (ii) neither the CITY nor any of the other current tenants, if any, on the property of which the Premises forms a part is in violation or subject to an existing, pending or threatened investigation by any governmental authority under any applicable federal, state or local law, regulation, ordinance or other legislation pertaining to air, water, or soil quality or the handling, transportation, storage, treatment, usage or disposal of Hazardous Substances; (iii) any handling, transportation, storage, treatment or use of toxic or Hazardous Substances to date has been in compliance with applicable laws; and (iv) no reportable use has occurred on the Premises to date, and the soil, groundwater and vapor on or under the Premises is free of Hazardous Substances as of the Commencement Date. 10 B. CITY shall indemnify, protect, defend and hold COUNTY, its agents and employees and the Premises, harmless from and against any and all losses and/or damages, liabilities, judgments, costs, claims, expenses, penalties, including attorneys' and consultant's fees, arising out of or involving the existence of any Hazardous Substances located in, about or under the Premises prior to the Commencement Date of this Lease. Additionally, the issuance of an order by any governmental authority directing the CITY or any of CITY's other tenants or licensees on the property of which the Premises forms a part to cease and desist any illegal action in connection with a Hazardous Substance, or to remediate a contaminated condition caused by the CITY or any person acting under CITY's direct control and authority is a breach of this Contract, and CITY shall be responsible for all costs and expenses of complying with such order, including any and all expenses imposed on or incurred by COUNTY in connection with or in response to such order. CITY's obligations under this paragraph shall include, but shall not be limited to, the effects of any contamination or injury to person, property or the environment created or suffered by COUNTY, and the cost of investigation, removal, remediation, restoration and/or abatement thereof. CITY's obligations under this provision shall survive the expiration or early termination of this Lease. No termination, cancellation or release agreement entered into by COUNTY and CITY shall release CITY from its obligations under this Lease with regard to Hazardous Substances unless specifically agreed to by COUNTY in writing.
C. For the purposes of this paragraph, the following definitions shall apply:
(1) "Hazardous Substance," as used in this Lease, shall mean any product, substance or waste whose presence, use, manufacture, disposal, transportation, or release, either by itself or in combination with other materials expected to be on the Premises, is either (i) potentially injurious to the public health, safety or welfare, the environment or the Premises; (ii) regulated or monitored by any governmental authority; or (iii) a basis for potential liability of CITY or COUNTY under any applicable statute or common law theory. (2) "Reportable use" shall mean (i) the installation or use of any above- or below -ground storage tank; (ii) the generation, possession, storage, use, transportation or disposal of a Hazardous Substance that requires a permit from, or with respect to which a report, notice, registration or business plan is required to be filed with any governmental authority and/or (iii) the presence at the Premises of a Hazardous Substance with respect to which any Applicable Requirements requires that a notice be given to persons entering or occupying the Premises or neighboring properties.
(3) The term "applicable requirements" shall be deemed to refer to all applicable laws, covenants or restrictions of record, building codes, regulations and ordinances.
46. PUBLIC RECORDS DISCLOSURE: All information received by the COUNTY from the CITY or any source concerning this Lease, including the Lease itself, may be treated by the COUNTY as public information subject to disclosure under the provisions of the California Public Records Act, Government Code Section 6250 et sea. (the "Public Records Act"). CITY understands that although all materials received by the COUNTY in connection with this Lease are intended for the exclusive use of the COUNTY, they are potentially subject to disclosure under the provisions of the Public Records Act. In the event a request for disclosure of any part or all of any 11 information which a CITY has reasonably requested COUNTY to hold in confidence is made to the COUNTY, the COUNTY shall notify the CITY of the request and shall thereafter disclose the requested information unless the CITY, within five (5) days of receiving notice of the disclosure request, requests nondisclosure, provides COUNTY a legally sound basis for the nondisclosure, and agrees to indemnify, defend, and hold the COUNTY harmless in any/all actions brought to require disclosure. CITY waives any and all claims for damages, lost profits, or other- injuries of any and all kinds in the event COUNTY fails to notify CITY of any such disclosure request and/or releases any information concerning this Lease received from the CITY or any other source.
47. CONDITION OF PREMISES: LANDLORD shall deliver the Premises to COUNTY clean and free of debris on the Commencement Date and warrants to COUNTY that the plumbing, electrical systems, fire sprinkler system, lighting, air conditioning and heating systems and loading doors, if any, in the Premises shall be in good operating condition on the Commencement Date.
48. CONDEMNATION:
A. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (all of which are herein called "condemnation"), this Lease shall terminate as to the part so taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of the floor area of the Premises, or more than twenty-five percent (25%) of the portion of the Common Areas or that portion of the Premises designated for COUNTY's parking, is taken by condemnation, COUNTY may, at COUNTY's option, to be exercised in writing within thirty (30) days after CITY shall have given COUNTY written notice of such taking (or in the absence of such notice, within thirty (30) days after the condemning authority shall have -taken possession) terminate this Lease as of the date the condemning authority takes such possession.
If COUNTY does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the rent shall be reduced in the same proportion as the rentable floor area of the Premises taken bears to the total rentable floor area of the Premises. No reduction of rent shall occur if the condemnation does not apply to any portion of the Premises. COUNTY shall be entitled to receive the following amounts of any award for the taking of all or any part of the Premises under the power of eminent domain or any payment made under threat of the exercise of such power: (a) COUNTY shall have the right to make a separate claim in the Condemnation proceeding for: (i) The taking of the amortized or undepreciated value of any trade fixtures or leasehold improvements owned by COUNTY that COUNTY has the right to remove at the end of the Lease term and that COUNTY elects not to remove; (ii) Reasonable removal and relocation costs for any trade fixtures or leasehold improvements that COUNTY has the right to remove and elects to remove (if Condemnor approves of the removal); (iii) Loss of goodwill; (iv) Relocation costs under Government Code section 7262, the claim for which COUNTY may pursue by separate action independent of this Lease; and (v) Any other amount in addition to the foregoing that the COUNTY is allowed under condemnation law.
B. COUNTY shall have the right to negotiate directly with Condemnor for the recovery of the portion of the Award that COUNTY is entitled to under subparagraph (B) of this paragraph. In the event that this Lease is not terminated by reason of such condemnation, 12 CITY shall repair any damage to the Premises caused by such condemnation authority pursuant to Paragraph 14, MAINTENANCE, and Paragraph 20, DESTRUCTION OF PREMISES.
49. MATERIAL MISREPRESENTATION: If during the course of the administration of this lease, the COUNTY determines that the CITY has made a material misstatement or misrepresentation or that materially inaccurate information has been provided to the COUNTY, this Lease may be immediately terminated. If this Lease is terminated according to this provision, the COUNTY is entitled to pursue any available legal remedies.
50. INTERPRETATIONS: As this Lease was jointly prepared by both parties, the language in all parts of this Lease shall be construed, in all cases, according to its fair meaning, and not for or against either party hereto.
51. USE OF AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 FUNDS AND REQUIREMENTS: This Lease may be funded in whole or in part with funds provided by the American Recovery and Reinvestment Act of 2009 ("ARRA"), signed into law on February 17, 2009. Section 1605 of ARRA prohibits the use of recovery funds for a project for the construction, alteration, maintenance or repair of a public building or public work (both as defined in 2 CFR 176.140) unless all of the iron, steel and manufactured goods (as defined in 2 CFR 176.140) used in the project are produced in the United States. A waiver is available under three limited circumstances: (i) Iron, steel or relevant manufactured goods are not produced in the United States in sufficient and reasonable quantities and of a satisfactory quality; (ii) Inclusion of iron, steel or manufactured goods produced in the United States will increase the cost of the overall project by more than 25 percent; or (iii) Applying the domestic preference would be inconsistent with the public interest. This is referred to as the "Buy American" requirement. Request for a waiver must be made to the COUNTY for an appropriate determination.
Section 1606 of ARRA requires that laborers and mechanics employed by CITY or CITY's subcontractors on projects funded directly by or assisted in whole or in part by and through the Federal Government pursuant to ARRA shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with the Davis -Bacon Act (40 U.S.C. 31). This is referred to as the "wage rate" requirement.
The above described provisions constitute notice under ARRA of the Buy American and wage rate requirements. CITY must contact the COUNTY contact if it has any questions regarding the applicability or implementation of the ARRA Buy American and wage rate requirements. CITY will also be required to provide detailed information regarding compliance with the Buy American requirements, expenditure of funds and wages paid to employees so that the COUNTY may fulfill any reporting requirements it has under ARRA. The information may be required as frequently as monthly or quarterly. CITY agrees to fully cooperate in providing information or documents as requested by the COUNTY pursuant to this provision. Failure to do so will be deemed a default and may result in the withholding of payments and termination of this Lease. 13 CITY may also be required to register in the Central Contractor Registration (CCR) database at http://www.ccr.gov and may be required to have its subcontractors also register in the same database. CITY must contact the COUNTY with any questions regarding registration requirements.
52. SCHEDULE OF EXPENDITURE OF FEDERAL AWARDS: In addition to the requirements described in "Use of ARRA Funds and Requirements," proper accounting and reporting of ARRA expenditures in single audits is required. CITY agrees to separately identify the expenditures for each grant award funded under ARRA on the Schedule of Expenditures of Federal Awards (SEFA) and the Data Collection Form (SF -SAC) required by the Office of Management and Budget Circular A-133, "Audits of States, Local Governments, and Nonprofit Organizations." This identification on the SEFA and SF -SAC shall include the Federal award number, the Catalog of Federal Domestic Assistance (CFDA) number, and amount such that separate accountability and disclosure is provided for ARRA funds by Federal award number consistent with the recipient reports required by ARRA Section 1512 (c).
In addition, CITY agrees to separately identify to each subcontractor and document at the time of sub -contract and at the time of disbursement of funds, the Federal award number, any special CFDA number assigned for ARRA purposes, and amount of ARRA funds.
CITY may be required to provide detailed information regarding expenditures so that the COUNTY may fulfill any reporting requirements under ARRA described in this section. The information may be required as frequently as monthly or quarterly. CITY agrees to fully cooperate in providing information or documents as requested by the COUNTY pursuant to this provision. Failure to do so will be deemed a default and may result in the withholding of payments and termination of this Lease.
A. Whistleblower Protection. CITY agrees that both it and its subcontractors shall comply with Section 1553 of the ARRA, which prohibits all non -Federal contractors, including the State, and all contractors of the State, from discharging, demoting or otherwise discriminating against an employee for disclosures by the employee that the employee reasonably believes are evidence of (1) gross mismanagement of a contract relating to ARRA funds; (2) a gross waste of ARRA funds; (3) a substantial and specific danger to public health or safety related to the implementation or use of ARRA funds; (4) an abuse of authority related to the implementation or use of recovery funds; or (5) a violation of law, rule, or regulation related to an agency contract (including the competition for or negotiation of a contract) awarded or issued relating to ARRA funds.
CITY agrees that it and its subcontractors shall post notice of the rights and remedies available to employees under Section 1553 of Division A, Title XV of the ARRA.
By executing this Agreement, CITY acknowledges receipt of the American Recovery and Reinvestment Act (ARRA) Funding requirements that became effective August 12, 2009, and understands and agrees to the contractual obligations stipulated herein for contracts with the County.
14 53. AUTHORIZED SIGNATORS: Both parties to this Lease represent that the signators executing this document are fiilly authorized to enter into this agreement.
END OF LEASE TERNIS.
COUNTY OF SAN BERNARDINO CITY - F YUCAIPA
A- 11 �A_ of ek, `.
- By:
Janice R erford, Chair Denise Hoyt, Mayor
Board of Supervisors
Date: JUN 2014
SIGNED A a�W +I HAT
A COPY DO • E1T
HAS B L " -—TO T fJE
CHA ORD ,
LAU kh T CI, Clerk of the Board of
Supervi�. y
r'` y
By:
Deputy
Date: Ai li : ,r
Approved as to Legal Form:
JEAN-RENE BASLE, County Counsel
San Bernardino County, California
By: �YG
Robert F. Messinger, Deputy County Counsel
Date: 5 ,22 -11
110568.13
Date: S Q$ - ) L4
Name:
Date:
Approved as to Legal Form:
By:
ktL
David M. Snow, City Attorney
Date: S - 1S - 1 �
15 EXHIBIT "A" - PREMISES
0 4
EXHIBIT " B " .JANITORIAL CONTRACTOR SERVICES
(Janitorial Service to provide/supply all sanitary and paper goods.) Daily Services
1. Vacuum all carpeted areas
2. Dusting- Window Sills and Desks
3. Trash Collection
4. Sweep and Mop all Floors
5. Restocking of Toiletries
6. Clean all Countertops (Including Polish Wood, Clean Granite Tops)
7. Clean Lower Entry and Door Windows
8. Spot Clean Office Windows
9. Cleaning of Toilets
10. Cleaning of Kitchen
11. Cleaning of Bathroom Counters
B. Monthly Services
1. Cleaning of All Lower Windows Inside and Out
2. Dust all Mini -Blinds
3. Spot Cleaning of Carpets as Required
4. Dust and Clean All Base Boards and Wall Ledge Boards C. Semi -Annually Services
1. Cleaning of All Windows Inside and Out
2. Shampoo, and Spot Cleaning of all Carpeting
3. Strip and Wax Break Room Floor
4. Steam Clean all Ceramic Tile Floors (Throughout Building)
5. Shampoo/Clean Conference Rooms Seating Fabric- Chairs and Benches
EXHIBIT "C"
LIST OF FORMER COUNTY OFFICIALS
INSTRUCTIONS: List the full name of the former COUNTY Administrative Official, the title/description of the Official's last position with the COUNTY, the date the Official terminated COUNTY employment, the Official's current employment and/or representative capacity with the CITY, the date the Official entered CITY's employment and/or representation.
OFFICIAL'S NAIVE: REQUIRED INFORTMATlOy
EXHIBIT "D" - INSURANCE PROVISIONS
INSURANCE REQUIREMENTS AND SPECIFICATIONS
A. COUNTY is a self -insured public entity for purposes of professional liability, general liability and workers' compensation.
B. The CONTRACTOR agrees to provide insurance set forth in accordance with the requirements herein. If the CONTRACTOR uses existing coverage to comply with these requirements and that coverage does not meet the specified requirements, the CONTRACTOR agrees to amend, supplement or endorse the existing coverage to do so. The type(s) of insurance required is determined by the scope of the lease hereunder. Without in anyway affecting the indemnity herein provided and in addition thereto, the CONTRACTOR shall secure and maintain throughout the contract term the following types of insurance with limits as shown:
(1) Workers' Compensation/Employers Liability — A program of Workers' Compensation insurance or a state -approved, self-insurance program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer's Liability with $250,000 limits covering all persons including volunteers providing services on behalf of the CONTRACTOR and all risks to such persons under this lease agreement.
If CONTRACTOR has no employees, it may certify or warrant to the COUNTY that is does not currently have any employees or individuals who are defined as "employees" under the Labor Code and the requirement for Workers' Compensation coverage will be waived by the COUNTY's Director of Risk Management.
If, CONTRACTOR is a non-profit corporation, organized under California or Federal law, volunteers for CONTRACTOR are required to be covered by Workers' Compensation insurance. (2) Commercial/General Liability Insurance — The CONTRACTOR shall carry General Liability Insurance covering all operations performed by or on behalf of the CONTRACTOR providing coverage for bodily injury and property damage with a combined single limit of not less than one million dollars ($1,000,000), per occurrence. The policy coverage shall include:
1. Premises operations and mobile equipment.
I Products and completed operations.
3. Broad form property damage (including completed operations).
4. Personal injury
5. Contractual liability.
6. $2,000,000 general aggregate limit.
(3) Commercial Property Insurance providing all risk coverage for the leased premises, building, fixtures, equipment and all property constituting a part of the premises.
Coverage shall be sufficient to insure One Hundred percent (100%) of the replacement cost.
(4) Automobile Liability Insurance — Primary insurance coverage shall be written on ISO Business Auto coverage form for all owned, hired and non -owned automobiles or symbol 1 (any auto). The policy shall have a combined single limit of not less than one million dollars ($1,000,000) for bodily injury and property damage, per occurrence. (5) Umbrella Liability Insurance - An umbrella (over primary) or excess policy may be used to comply with limits or other primary coverage requirements. When used, the umbrella policy shall apply to bodily injury/property damage, personal injury/advertising injury and shall include a "dropdown" provision providing primary coverage for any liability not covered by the primary policy. The coverage shall also apply to automobile liability.
C. If CONTRACTOR performs any construction of the Premises on behalf of the COUNTY, CONTRACTOR shall also procure and maintain coverages as follows:
(1) For construction contracts for projects over One Million Dollars ($1,000,000) and less than Three Million Dollars ($3,000,000) require limits of not less than Three Million Dollars in General Liability and Auto Liability coverage. (2) For construction contracts for projects over Three Million Dollars ($3,000,000) and less than Five Million Dollars ($5,000,000) require limits of not less than Five Million Dollars ($5,000,000) in General Liability and Auto Liability coverage. (3) For construction contracts for projects over Five Million Dollars ($5,000,000) and less than Ten Million Dollars ($10,000,000) require limits of not less than Ten Million Dollars (10,000,000) in General Liability and Auto Liability coverage. (4) Subcontractor Insurance Requirements. The CONTRACTOR agrees to require all parties or subcontractors, including architects or others it hires or contracts with related to the performance of this contract to provide insurance covering the contracted operation with the basic requirements for all contracts in B 1 and the insurance sections for all contracts in B2, (including waiver of subrogation rights) and naming the COUNTY as an additional insured.
The CONTRACTOR agrees to monitor and review all such coverage and assumes all responsibility ensuring that such coverage is provided as required here. (5) Course of Construction/Installation (Builder's Risky property insurance providing all risk, including theft coverage for all property and materials to be used on the project. The insurance policy shall not have any coinsurance penalty.
D. Additional Insured — All policies, except for the Workers' Compensation, shall contain endorsements naming the COUNTY and their officers, employees, agents and volunteers as additional insureds with respect to liabilities arising out of the use under this lease hereunder.
The additional insured endorsements shall not limit the scope of coverage for the COUNTY to vicarious liability but shall allow coverage for the COUNTY to the full extent provided by the policy. Such additional insured coverage shall be at least as broad as Additional hisured (Form B) endorsement fonn ISO, CG 2010.11 85.
E. Waiver of Subrogation Rights — The CONTRACTOR shall require the carriers of required coverages to waive all rights of subrogation against the COUNTY, their officers,
employccs, agents, volunteers, contractors and subcontractors. All general or auto liability insurance coverage provided shall not prohibit the CONTRACTOR and CONTRACTOR's employees or agents from waiving the right of subrogation prior to a loss or claim. The CONTRACTOR hereby waives all rights of subrogation against the COUNTY.
F. Policies Primary and Non -Contributory — All policies required herein are to be primary and non-contributory with any insurance or self-insurance programs carried or administered by the COUNTY.
G. Severability of Interests — The CONTRACTOR agrees to ensure that coverage provided to meet these requirements is applicable separately to each insured and there will be no cross liability exclusions that preclude coverage for suits between the CONTRACTOR and the COUNTY or between the COUNTY and any other insured or additional insured under the policy.
H. Proof of Coverage — The CONTRACTOR shall furnish Certificates of Insurance to the San Bernardino Real Estate Services Department (RESD) administering the lease evidencing the insurance coverage, including endorsements, as required, prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to RESD, and CONTRACTOR shall maintain such insurance from the time CONTRACTOR commences use under the lease hereunder until the end of the period of the lease. Within fifteen (15) days of the commencement of this contract, the CONTRACTOR shall furnish a copy of the Declaration page for all applicable policies and will provide complete certified copies of the policies and endorsements immediately upon request.
I. Acceptability of Insurance Carrier — Unless otherwise approved by the COUNTY Department of Risk Management, insurance shall be written by insurers authorized to do business in the State of California and with a minimum "Best" Insurance Guide rating of "A- VII".
J. Insurance Review — Insurance requirements are subject to periodic review by the COUNTY. The COUNTY's Director of Risk Management or designee is authorized, but not required, to reduce, waive or suspend any insurance requirements whenever the COUNTY's Department of Risk Management determines that any of the required insurance is not available, is unreasonably priced, or is not needed to protect the interests of the COUNTY. In addition, the COUNTY's Director of Risk Management or designee 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.
Any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this lease. CONTRACTOR agrees to execute any such amendment within thirty (30) days of receipt.
Any failure, actual or alleged, on the part of RESD or COUNTY to monitor or enforce compliance with any of the insurance and indemnification requirements will not be deemed as a waiver of any rights on the part of RESD or the COUNTY.
K. Failure to Procure Insurance. All insurance required must be maintained in force at all times by CONTRACTOR. Failure to maintain said insurance, due to expiration, cancellation, etc., shall be cause for the COUNTY to give notice to immediately suspend all CONTRACTOR's business activities on the Premises. Failure to reinstate said insurance within the (10) days of notice to do so shall be cause for tennination and for forfeiture of this agreement, and/or COUNTY, at its discretion, may procure or renew such insurance and pay any and all premiums in connection therewith, and all monies so paid by COUNTY shall be repaid by CONTRACTOR to COUNTY upon demand but only for the pro rata period of non-compliance.
L. COUNTY shall have no liability for any premiums charged for such coverage(s).
The inclusion of COUNTY as additional named insured is not intended to and shall not make a partner or joint venturer with CONTRACTOR in CONTRACTOR's operations.
M. The CONTRACTOR agrees to require all parties or subcontractors, or others it hires or contracts with related to the use of this lease to provide insurance covering such use with the basic requirements and naming the COUNTY as additional insured. LICENSEE agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided as required herein.
ATTACHMENT 2
THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY -SAN BERNARDINO
COUNTY
Contract Number
14-432 Al
SAP Number
Real Estate Services Department
Department Contract Representative Terry W. Thompson, Director Telephone Number (909) 387-5000
Contractor
Contractor Representative
Telephone Number
Contract Term
Original Contract Amount
Amendment Amount
Total Contract Amount
Cost Center
GRC/PROJ/JOB No.
IT IS HEREBY AGREED AS FOLLOWS:
City of Yucaipa
Trevor Benson
909-769-7222
7/1 /2014 to 6/30/2029
$10.00
$5.00
$15.00
4413651000
3300-3329
WHEREAS, the City of Yucaipa as LANDLORD ("CITY") and the County of San Bernardino as tenant ("COUNTY") have previously entered into a Lease Agreement, Contract No. 14-432 dated June 24, 2014, ("the Lease") wherein CITY agreed to lease certain premises comprising approximately 22,078 square feet located at 34114 Yucaipa Boulevard, Yucaipa, CA 92399 ("Premises") to COUNTY and which the lease is currently scheduled to expire on June 30, 2024; and,
WHEREAS, the CITY and COUNTY now desire to amend the Lease to reflect the COUNTY's exercise of the first of its two five-year options to extend term of the Lease for the period of July 1, 2024 through June 30, 2029, and to amend certain other terms and conditions of the License as more specifically set forth in this amendment ("First Amendment").
NOW THEREFORE, in consideration of mutual covenants and conditions, the parties hereto agree the License is amended as follows:
1. Effective July 1, 2024, pursuant to the COUNTY's exercise of the first five-year option provided in Paragraph 7, OPTION TO EXTEND TERM, DELETE in its entirety the existing paragraph in Paragraph 3., TERM, and SUBSTITUTE therefore a new Paragraph 3., TERM, which shall read as follows:
3. TERM: The Initial term of the License shall be extended forfive (5) years, commencing on July 1. 2024 and expiring on June 30, 2029 (the "First Extended Term").
Standard Contract Page 1 of 3
2. All other provisions and terms of the Lease shall remain the same and are hereby incorporated by reference. In the event of any conflict between the Lease and this First Amendment, the terms and conditions of this First Amendment shall control.
3. This First Amendment may be executed in any numberof counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute one and the same First Amendment. The parties shall be entitled to sign and transmit an electronic signature of this First Amendment (whether by facsimile, PDF, or other email transmission), which signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed First Amendment upon request.
END OF FIRST AMENDMENT.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
Revised 1/10/23 Page 2 of 3
SAN BERNARDINO COUNTY
Dawn Rowe, Chair, Board of Supervisors
D ated :
SIGNED AND CERTIFIED THAT A COPY OF THIS
DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD
Lynna Monell
Clerk of the Board of Supervisors
San Bernardino County
By
Deputy
FOR COUNTY USE ONLY
Approved as to Legal Form
John Tubbs II, Deputy County Counsel
Date
LESSOR
(Print or type name of corporation, company, contractor, etc.) By ►
Authorized signature - sign in blue ink)
Name
(Print or type name of person signing contract)
Title
Dated:
Address
Reviewed for Contract Compliance
ON -
Date
(Print or Type)
Reviewed/Approved by Department
Lyle Ballard, Real Property Manager, RESD
Date
Standard Contract Page 1 of 3