HomeMy WebLinkAbout01/12/03 (Agn) Lib Fnd Board LIBRARY FOUNDATION BOARD
AGENDA
CITY OF RANCHO CUCAMONGA
ADJOURNED MEETING
6:00 p.m.
December 3, 2001
Tri-Communities Room
City of Rancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga, California 91730
City Councilmembers
William J. Alexander, Mayor
Diane Williams, Mayor Pro Tem
Paul Biane, Councilmember
Grace Curatalo, Councilmember
Bob Dutton, Councilmember
Foundation Boardmembers
Paula Pachon, President
Patricia Beasley, Boardmember
Donna Bradshaw, Boardmember
Rebecca Davies, Secretary
Gino Filippi, Boardmember
Anne Viricel, Boardmember
Ron Stark, Boardmember
Amy Warshaw, Boardmember
Paul Williams, Boardmember
DECLARATION OF POSTING OF AGENDA
VIVIAN GARCIA states and declares as follows:
I presently am, and at all times mentioned herein have
been, the Administrative Secretary of the Library of Rancho
Cucamonga. Acting in that capacity, on AJQV- OF SOY
at I posted a)1true and correct copy of the meeting
agenda dated DeCe�rj2r at 10500 Civic
Center Drive, Rancho Cucamonga.
I declare under penalty of perjury that the foregoing is
true and correct and that this declaration was executed on
at Rancho Cucamonga.
DEBORAH KAYE CLARK, LIBRARY MANAGER
City of Rancho Cucamonga
Vivian Garcia, Administrative
Secretary
City of Rancho Cucamonga
Rancho Cucamonga Public Library Page 1
Library Foundation Board Agenda
Adjourned Meeting, December 3,2001
A. CALL TO ORDER
Roll Call: Pachon , Beasley , Bradshaw ,
Davies , Filippi ,
Viricel , Warshaw and Williams
B. CONSENT CALENDAR
The following Consent Calendar items are expected to be routine and non-
controversial. They will be acted upon by the Library Foundation Board at one
time without discussion. Any item may be removed by a Boardmember or member
of the audience for.discussion.
1) Approval of Minutes: October 22,2001. 1
C. LIBRARY DIRECTOR'S STAFF REPORTS
The following items do not legally require any public testimony, although the
President may open the meeting for public input.
1) Kidsmobile: Update by staff. Oral report.
2) Victoria Gardens Branch Library: Power Point presentation at the meeting.
a) Status of Project
b) Information on Library Bond Act
3) Buy.com Tournament:
a) Staff is pleased to announce that the Tournament is donating$5,000 in proceeds
to the Rancho Cucamonga Public Library Foundation.
b) Accept recommendations on changes in procedure for next year's event.
D. BOARD BUSINESS
The following items have been requested by the Library Foundation Board for
discussion. They are not public hearing items, although the President may open
the meeting for public input.
1) Donor Wall. A report on the donors eligible for donor wall recognition who have
not yet responded will be available at the meeting.
2) Telethon 2002. Oral reports.
a) Winery Kickoff Event: debrief of event
b) Committees
Rancho Cucamonga Public Library Page 2
Library Foundation Board Agenda
Adjourned Meeting, December 3,2001
i) Report from Youth and School Subcommittee: Boardmember Davies
reporting.
ii) Report from Marketing Subcommittee: Boardmember Viricel reporting.
c) Telethon Timeline and Checklist: requested by President Pachon, available at
the meeting.
3) Library Foundation Vacancies: oral update from staff.
a) Acceptance of resignation: Amy J. Warshaw
4) Donation from Louis Homes Operating Company of an apartment rental. Report 5
attached.
5) Determination of date for next meeting.
E. IDENTIFICATION OF ITEMS FOR NEXT MEETING
This is the time for the Library Foundation Board to identify the items they wish
to discuss at the next meeting. These items will not be discussed at this meeting,
only identified for the next meeting.
F. COMMUNICATIONS FROM THE PUBLIC
This is the time and place for the general public to address the Library
Foundation Board. State law prohibits the Board from addressing any issue not
previously included on the Agenda.
G. ADJOURNMENT
1, Vivian Garcia, Library Administrative Secretary of the City of Rancho
Cucamonga, hereby certify that a true, accurate copy of the foregoing agenda was
posted on Thursday,November 29, 2001, 6:00 pm, seventy-two (72) hours prior to
the meeting per Government Code 54953 at 10500 Civic Center Drive.
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R A N C H O C U C A M O N G A
P U B L I C L I B R A R Y
Staff Report
DATE: December 3, 2001
TO: President and Members of the Library Foundation Board
FROM: Deborah Kaye Clark, Library Director
SUBJECT: APPROVAL OF MINUTES
RECOMMENDATION
Approval of the Minutes of October 22, 2001.
BACKGROUND/ANALYSIS
Attached, please find the minutes for the Regular Meeting of the Library Foundation
Board listed above, taken and compiled by Library Administrative Secretary, Vivian
Garcia.
FISCAL IMPACT
None.
pecttully submitted,
t
Deborah Kaye Clar
Library Director
CITY OF RANCHO CUCAMONGA
RANCHO CUCAMONGA PUBLIC LIBRARY FOUNDATION BOARD
Special Meeting
A. CALL TO ORDER
A special meeting of the Rancho Cucamonga Public Library Foundation Board was held on Monday,
October 22,2001, in the Tri-communities Room of the City of Rancho Cucamonga,located at 10500
Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 6:08 p.m.
Present were Boardmembers Beasley, Bradshaw, Filippi, Pachon and Williams.
Deborah Clark, Library Director and Vivian Garcia, Senior Administrative Secretary, were also
present.
B. CONSENT CALENDAR
Bl. Approval of minutes: July 9 and September 10, 2001 (Boardmember Bradshaw abstained).
MOTION: Moved by Boardmember Williams, seconded by Boardmember Beasley to approve the
consent calendar, motion carried, 5-0-4 (Davies, Stark, Viricel and Warshaw absent).
C. LIBRARY DIRECTOR'S STAFF REPORTS
Cl. Project REACH and the Kidsmobile: Update by staff. Oral report.
Deborah Clark, Library Director, stated that the Kidsmobile was placed back in service on Friday,
October 19, and will be premiering at the Big Truck Storytime on Saturday, October 27. Staff will
send letters out to schools and donors announcing the return of the Kidsmobile. Also, included in
the letters will be an invitation to the Winery Event.
D. BOARD BUSINESS
D1. Telethon 2002. Oral reports.
a. Winery Kickoff Event.
Boardmember Filippi gave an oral report on the meeting he had with staff for the Kickoff event on
Friday, November 30. He also reviewed the ticket and flyer with the Board for any changes.
OZ
Library Foundation Board Minutes
October 22, 2001
Page 2
b. Committees
i) Report from Youth and School Subcommittee: Boardmember Davies reporting.
Boardmember Davies presented an oral report to the Board on what the subcommittee had
accomplished. She stated that a meeting occurred with the liaisons from Central, Cucamonga and
Alta Loma School Districts last Thursday, October 18. Robert Karatsu, Library Services Manager
presented a three-minute video on the Telethon to the group. They plan to meet again in January.
Boardmember Davies asked staff to send a thank you letter to each of the attendees.
c. Telethon Hosts
Deborah Clark, Library Director, stated that Christopher Nance is confirmed as host for the Friday
night Trivia. She has contacted Rodney Gilfrey for his availability for the Telethon. Staff will be
contacting Chris Little to see if he is available for the Junior Trivia on Saturday.
d. Telethon Timeline and Checklist: requested by President Pachon, available at the meeting.
Deborah Clark, Library Director, reviewed the Telethon Timeline and Checklist with the Board.
Please contact her or Vivian Garcia with any additions, suggestions or comments.
President Pachon asked staff if they would like to include their duties on the Telethon Timeline as a
checklist for them.
D2. Library Foundation Vacancies: oral update from staff.
Deborah Clark, Library Director, updated the Foundation Board on the current vacancies on the
Board.
D3. Determination of date for the next meeting.
The Library Foundation Board decided to meet at City Hall in the Tri-communities Room on
Monday, December 3 at 6 p.m.
E. IDENTIFICATION OF ITEMS FOR NEXT MEETING
El. Telethon 2002
Library Foundation Board Minutes
October 22, 2001
Page 3
E2. Telethon Subcommittees
E3. Trivia Participants
E4. Winery Kickoff Event
E5. Lewis Corporation
E6. Bookmobile Update
ET Buy.com Event
E8. Foundation Vacancies
F. COMMUNICATIONS FROM THE PUBLIC
None received.
G. ADJOURNMENT
MOTION: Moved by Boardmember Williams, seconded by Boardmember Filippi to adjourn to
Monday, December 3 at 6 p.m., motion carried, 6-0-3 (with Stark, Viricel and Warshaw absent).
The meeting adjourned at 7:05 p.m.
Respectfully submitted,
Vivian Garcia
Administrative Secretary
Approved:
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R A N C H O C U C A M O N G A
P U B L I C L I B R AD Y
Staff Report
DATE: December 3, 2001
TO: President Pachon and Members of the Library Foundation
FROM: Deborah Kaye Clark, Library Director
SUBJECT: ACCEPTANCE OF DONATION OF INCOME FROM APARTMENT UNIT
RECOMMENDATION:
That the Library Foundation Board approve accepting the donation from Lewis
Operating Corporation of the income of the apartment unit located at 7903 Elm Avenue,
#104 for a'period of not less than one year; approve a monthly rental rate $100 below
the market rate to achieve long term tenancy and create a subcommittee of no more
than two Board Members to work with the Library Director in selecting a tenant.
BACKGROUND:
Lewis Operating Corporation, on a regular basis, makes available to nonprofit
organizations the use of a designated apartment to serve as a fundraiser. In return for
$12 ($1 per month annual lease) the Lewis Operating Corporation allows the charity to
sublet the apartment and retain the monthly rental fee. The Foundation would be
responsible for advertising the unit, selecting the tenant, securing the rent and paying
the utilities.
Attached is the contract that would grant an apartment to the Rancho Cucamonga
Library Foundation. While the lease is for 12 months (starting in October) the Operating
Corporation generally rolls over the lease for additional years, if all parties are content
with the arrangement. The contract and concept has been reviewed and approved by
the Director of Risk Management, the City Attorney and the City Manager.
FISCAL IMPACT:
$700 per month rent or $8,400 per year.
cerely,
Deborah Kaye &Library Director
LEWIS OPERATING CORP.
APARTMENT RENTAL AGREEMENT
—Long Term--
THIS AGREEMENT,entered Into as of Is between LEWIS OPERATING CORP..a California
corporation,and
('TENANT')Milch parties hereby agree as follows:
A. Premises 7903 Elm Avi nus, ,Rantho Cucamonga,Cahfomla 91730
B. Tenn: From To
C. Rent$ 51 per month In Ilan of the fair market value of S
D. Rant Due Date Lump tam paymeat m the amont of$12 due
E. LANDLORD'S Address/Manager Lewis Operating Corp.,
790.7 Elm Aveoaq Rancho Cauamata,California 91710
Telephone Number (909)980-7368 Emergency Telephone Number (909)483-7601
F. Assigned Perking Space
G. Security Deposit S NONE
H. Key Depostt$ NONE
L Late Rent Charge S NONE
J. Returned Check Chugs$ NONE
K. Utilities Provided Watsraedussh
L. Minor TENANTS/Name(s)Date(s)of Birth N/A
M.Permitted Pete NONE
N. Owner of Premisea/Address Western Land Properties a California Unshod pariner6hip
1156 N.Mounmin Avenue,P O Box 670 Upland CA 91785-0670
1. RENTAL OF PREMISES: LANDLORD does hereby rent to TENANT,and TENANT rents from LANDLORD
the Premises Identified in Section A,together with the Assigned Parking Space Identified in Section F.for a term tenancy
commencing and expiring on the dales set forth in Section B, at the Rent set forth in Section C. which Rent shall be
payable in monthly installments aS set forth in Section C,to LANDLORD,in advance without prior demand or offset, on
the Rent Due Date set forth in Section D,at LANDLORD's Address set forth in Section E, by check,cashiers check,or
money order only. No third party checks will be accepted by LANDLORD. Should the Term commence on a day other
than the first day of a calendar month,then the Monthly Installment of Rent for the first fractional month shah be equal to
one-thirtieth (1/3011 Of the Monthly Installment of Rent for each day from the beginning of the Term to the end of the
partial month. Rent for each successive month of the Tenn shall be the Monthly Installment set forth in Section C.
2. LATE RENT CHARGE: Should TENANT fail to pay the Rent when due, and such Rent remains unpaid at
dose of business on the fifth(5th)day of the month,TENANT shall pay to LANDLORD the Late Rent Charge designated
in Section I. Any Rent paid after the Ofih(5th)day of the month shell be paid by cashier's check or money order only. At
LANDLORD'S election,the Late Rent Charge shell be deemed addi0onal rent for such month and collected as such,or
LANDLORD may deduct the Late Rent Charge from TENANIT's Secunty Deposit. Late Rent Charges that have accrued
and remain unpaid Ise of the date of return of possession of the Premises to LANDLORD shall be withheld from the
Security Deposit. The Late Rent Charge shall be deemed liquidated damages.pursuant to Sections 1671 and 1951.5 of
the California Civil Code. inasmuch as LANDLORD's damages (preparation of notice, service of notice, collection
attempts,extra man-hours and bookkeeping,etc.)would be impracticable or extremely difficult to compute.
3. RETURNED CHECK CHARGE: TENANT shall pay to LANDLORD the Returned Check Charge designated
in Section J for each dishonored check made by TENANT to LANDLORD. If more than one(1)check is returned by a
bank for any reason, LANDLORD may require TENANT to pay future payments due pursuant to this Agreement by
cashier's check or money Order only.
4. UTILITIES: LANDLORD Shall provide the utilities designated In Section K. All other utilities and services to
the Premises shall be paid for when due by TENANT's subtenant.
5. NAMED TENANT: The Premises shall be occupied only by the person or persons designated as-TENANT-
and any minor TENANTS cesigneted in Section L. Visllon, guests, and invitees of TENANT may not occupy the
Premises for a confinuous period in excess of seven(7)days without the prior written consent of LANDLORD.
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6. PETS: TENANT shall not keep or permit to be kept in,on, or about the Premises, or within the apartment
community of which the Premises are a part,any animal,including without limitation a rat,dog,bird,or reptile,except with
the prior written consent of LANDLORD. In the event LANDLORD consents to allow TENANT to keep one or more pets,
TENANT shall be required to sign a Pet Agreement and to pay such additional Rent and Security Deposit as LANDLORD
shall require.
7. WATER BEDS AND LIQUID-FILLED FURNITURE: TENANT shall not keep or permit to be kept in, on, or
about the Premises any water bed or liquid-filled furniture of any type, except win the prior written consent of
LANDLORD. In the event LANDLORD consents to allow TENANT to have a waterbed or other liquid-filled furniture within
the Premises,Tenant shall be required at all limes to maintain in affect a policy of waterbed and/or liquid-filled furniture
insurance. A Copy of the policy of insurance, with certificates indicating that such insurance is curentiy in force and
LANDLORD Is named as a loss payee/an additional insured, shall be delivered by TENANT to LANDLORD prior to or
Concurrent with the placement of the waterbed or liquid-filled furniture within the Premises.
8. DUTIES: TENANT shall have the following affrnnauve obligations under this Agreement:
(a) To keep the Premises dean and sanitary,
(b) To dispose of all rubbish,garbage.end other waste,in a clean and sanitary manner, in accordance
with the Rules;
(d) To use and operate all electrical,gas,and plumbing fixtures properly;
(d) To oceupy the Premises as his abode,utilizing for Irving,sleeping,cooking.or dining purposes only
the portions thereof which were respectively designated or intended to be used for such purposes:
(e) At all times to behave in a manner that will not disturb nelghbors,and to require all TENANT's visitors,
guests, and invitees to Conduct themselves,both within the Premises and within the apartment community, in a manner
that will not disturb TENANTS neighbors;
(f) Not to destroy, deface, damage, Impair, or remove willfully or wantonly any part of any structure
within the Premises encilm the apartment community,nor to allow any guest,visitor,or invitee,with or without TENANT's
permission,to do any such act(s). TENANT shall pay for the costs to repair any damage caused by any violation of this
section;
(g) Not to make any alterations or additions, Including but not limited to painting and/or wallpapering of
the Premises and/or Changing of locks,locking devices,bolts,or latches affixed to the Premises or the Assigned Parking
Space, if any,without the prior written consent of LANDLORD. All alterations or improvements in and to the Premises,
whether with or without LANDLORD's consent,shall,unless otherwise provided by written agreement between the parties
hereto,become the property of LANDLORD,and shall be deemed a pan of the Premises;and
(h) To pay,within seven (7)days after LANDLORD'S written demand, for ail repairs, replacements, or
maintenance within the Premises and/or the apartment community Caused by the negligence or misconduct of TENANT,
TENANTS family,pets,vUitom,guests,and/or Invitees. At LANDLORD's election, any such expense shall be deemed
additional rent for the month in which demand was made, and collected as such, or LANDLORD may deduct such
expense from TENANT's Security Deposit.
9. ASSIGNMENT AND SUBLETTING: TENANT may not assign its interest in this Agreement. However,
LANDLORD acknowledges that TENANT Intends to enter into one or more subleases of the Premises during the term of
this Agreement. TENANT shall have sole approval over any subtenant; provided,however, any subtenant of TENANT
shall be bound by the terms of this Agreement and the Rules. In the event that a subtenant of TENANT fails to conform to
any of the Rules Incorporated into this Agreement,TENANT shall, after written notice of LANDLORD, take any and all
action , necessary to cure said vlolatlon(s), including without limitation, bring legal action to recover possession of the
premises from the subtenant, at TENANT's sole cost and expense. LANDLORD may assign or hypothecate this
Agreement or Convey Ne building without affecting the obligations of TENANT. This Agreement shall be subordinate to
any trust deed or mortgage which LANDLORD may place on the building hereafter.
10. USE/COMPLIANCE WITH LAWS: TENANT shall use the Premises for residential purposes only, In no
event shall all or any portion of the Premises be used for any Commercial enterprise,except that business conducted in a
home office by computer mall,telephone, a-mail, or fax is permissible if customers, clients, patients, or other business
invitees do not enter the Premises for business purposes. TENANT shall not violate any law,including but not limited to
laws relating to curfews and/or loitering,or Commit waste or create a nuisance in,on,or about the Premises,or within the
apartment Community.
11, ENTRY BY LANDLORD: LANDLORD may enter the Premises at all reasonable times, upon twenty-four
hours' notice, with or without TENANTS presence, to make necessary or agreed repairs, decorations, alterations. or
improvements,TO Supply necessary or agreed services.to make inspections,or to exhibit the Premises to prospective or
actual purchasers,mortgagees,tenants.workmen,or Contractors,or for any lawful purpose. In the Case of emergency,
LANDLORD may enter the Premises at any time without notice. TENANT acknowledges that LANDLORD has a key to
the Premises and may use the same for entry,as provided herein.
12. TERMINATION;
(a) Duties an Termination: After expirellon of the term set forth in Section S. TENANT shall surrender
and(i)vacate the Premises;(ii)remove any and all of TENANTS property from the Premises;(iii)return to LANDLORD
any and all personal property listed on the'Check-INCheck Out List in good clean and sanitary condition,ordinary wear
and tear excepted; (N)allow LANDLORD to inspect the Premises in TENANTs presence, to verity the Condition of the
Premises and Its contents;and(v)surrender possession of the Premises by returning the keys to LANDLORD.
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(b) Early Tarminirtl : It TENANT abandons or vacates the Premises or if this Agreement is terminated
for cause, as provided by the laws of the State of California, before the expiration of the term set forth in Section e,
LANDLORD may,on giving notice to TENANT,declare this Agreement forfeited and will.in such event,make reasonable
efforts to ralet the Premises.TENANT shall be liable for all damages suffered by LANDLORD by reason of such forfeiture.
which damages shall include, but not be limited in, (e)all actual damages suffered by LANDLORD until the property is
relet,including reasonable expanses incurred in reletting or in attempting to relet the Premises;(b)the difference between
the rent received when the Premises are relet and the rent reserved under this Agreement,and(c)the amount of any rent
discounts provided to Tenant, such as, but not limited to, 'move-in specials' and discounts based on the term of the
Lease shall be charged back to Tenant.
(e) tioldov If LANDLORD consents,in its sole discretion, TENANT may hold over in the Premises
beyond the expiration of the term set forth in Section B on a month-to-month basis on all the terms and conditions of this
Agreement,except the monthly rent is subject to change.
13. NOTICE OF INTENT NOT TO RENEW OR EXTEND TERM: If TENANT intends not to renew the lease at
the expiration of the Tenn,TENANT shall give LANDLORD at least thirty(30)days'written notice of Intent Not To Renew
or Extend the term of the Lease, by using Landlord's form and obtaining Landlord's written acknowledgment. TENANT
acknowledges and agrees that verbal notice of TENANTS intent not to renew or extend the term of the Lease shall not
fulfill TENANTS notice obligations under this Section.
14. ATTORNENS FEES: In the event of any taction or proceeding brought by either party against the other under
this Agreement the prevailing party shall bo entitled to recover all costs and expenses including the actual fees of its
attorneys(including the fees of In-house counsel,If any)incurred for prosecution,defense,consultation,or advice in such
action or.proceeding,whether or notjudgment is obtained In such action.
15. RULES: TENANT,and all TENANTS guests in or about the apartment community , shell comply with all
Rules promulgated by LANDLORD,from time to time,and served upon TENANT. The Rules are incorporated and made
a part hereof by this reference. TENANT acknowledges receipt of a copy of the Rules. LANDLORD shall endeavor to
enforce the Rules, and/or the othar temp and condition of this Agreement; however, LANDLORD shall not liable to
TENANT for any violation of the Rules or agreements,as the case may be,by any other tenant or person. LANDLORD
reserves the right to change Ine Rules at any time durlrp the term hereof by giving written notice to TENANT and such
change shall become effective thirty(30)days after service of such written notice.
16. WAIVER OF DEFAULT: LANDLORD's failure to require strict compliance with any term or condition of this
Agreement, or to exercise any right provided for herein, shall not be deemed a waiver by LANDLORD of such term,
condition or right. LANDLORD's acceptance of rent with knowledge of any default hereunder by TENANT shall not be
deemed a waiver of such default and shall not limit LANDLORD's rights with respect to that or any subsequent default.
TENANT agrees that each of the terms and conditions of this Agreement constitutes an independent condition of
TENANT's right to possession of the Premises. Any failure by TENANT to comply with one or more of such terms and/or
conditions shall conatltuts a default hereunder and LANDLORD may terminate TENANT s right to possession of the
Premises ano/or forfeit this Agreement as.provided by law.
17. GOOD CONDITION RECEIPT: TENANT has examined the Premises,finds them to be in good, clean,and
sanitary order, condition. end repair, and accepts the Premises in 'AS IS' condition. TENANT acknowledges that
LANDLORD has made no representations as to the condition or repair of the Premises,or as to LANDLORD's intentions
with respect to any Improvement,alteration,decoration,or repair of the Premises,unless specifically set forth within this
Agreement
18, WARRANTY OF HABITABILITY; LANDLORD and TENANT mutually waive any warranties,whether express
or implied by law, concerning the habitability of the Premises, except those warranties specifically enumerated in Civil
Code Sections 1841 and 1842.
19. INSURANCE: LANDLORD shall not be liable to TENANT, or insure TENANT, for any personal injury or
property damage caused by the act cur omlaaion of any other tenant or third parry,or by any criminal act or activity,war,
riot, insurractlon, fire, Or act of God. TENANT shall obtain and pay far any insurance coverage that TENANT deems
necessary to protect TENANT from any lose a expense that may be caused by such persons or events.
20. DESIGNATION OF PARTIES:
(a) 'LANDLORD'includes the Owner, or assignees of Owner, and Manager, its agents or employees,
acting as managerial personnel. The name and address of the Owner of the Premises for the purpose of service of
process is set forth In Section N. The name, address, and telephone number of the Manager of the Premises for
purposes of receiving rental payments,notices,and demands is set forth In Section E. The person who may be called in
case of emergency is also set forth in Section E.
gender. (b) 'TENANT'includes all persons designated as such in this Agreement,without rasped to number or
21. GENDER/NUMBER: As used In this Agreement,the masculine,feminine,or neuter gender and the singular
or plural numbers shell each be deemed to include the other,whenever the context so indicates.
22. JOINT AND SEVERAL LIABILITY: If this Agreement is signed by more than one person or entity as
'TENANT',then each of sold persons and/or entities shell be jointly and Severally liable for the full performance of all of
the terms and conditions of this Agreement.
23. HEADINGS. The section headings of the various provisions hereof are intended solely for convenience of
reference and shall not In any manner amplify,limit,or modify, or otherwise be used in the interpretation of,any of said
previsions.
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24. AGENCY. The party0es)signing this Agreement as TENANT warront(s)and agree(s)that such party has the
authority to sign this Agreement for all other tenants.
25. SEVERABILITY: If any provision of this Agreement is held ro be invalid or unenforceable, such invalid or
unenforceable provision shall not affect the valklity or enforceability of any other provision of this Agreement.
26. FURNISHINGS AND EQUIPMENT: TENANT hereby acknowledges receipt of all furniture, natures, and
equipment listed balm. By Initialling in the space provided below,TENANT acknowledges that TENANT has inspected
all of said furnishings and equipment, has found the same to be in good condition, and agrees to pay for all breakage,
loss,and damage thereto,beyond ordinaryweer and tear,occurring during the tomo of this Agreement.
-� Refrigerator Other:
Dishwasher Other:
Range/Oven Kays:
Garbage Disposal Front Door
Mini-bllndsNandcals Mailbox
Washer/Dryer Garage Openers
Ceiling Fens Amenity Keys
Microwave TENANTS Initials
27. LEASE SUBORDINATION: This Agreement shall be expressly subordinate to any note, deed of trust, or
other security instrument on the apartment community of which the Premises are a part.
28. USE OF HEALTH AND RECREATIONAL FACILRIES: TENANT understands and agrees to the following:
(a) M the Apartment Community contains recreational and health facilities,such as a swimming pool,spa,
sauna,and weight room,the use of Nese facilities is subject to rules and regulations which are distributed and subject to
change by LANDLORD ae set forth In Paragraph 16.
(b) The use of such facilities subjects the TENANT and his or her guests, invitees, or roommates to
certain Inherent risks which Cannot be avoided such as,but not limited to,drowning in the swimming pool or spa,slips and
fans around wet areas, heat exhaustion or dehydratlon when using the spa or sauna, or suffocation, bruises, strains.
sprains,broken bones,or other personal injuries when using weights or when said weights are dropped either accidentally
or intentionally.
(c) TENANT shall not use and shall ensure that all of his guests, invitees,or roommates shall not use
any of Nese facilities until he or she and all other persons using said facilities shall have received proper instruction on the
use of said facilities. TENANT shall make arrangements to receive proper instruction on the use of said facilities.
(d) TENANT agrees to Indemnify and hold harmless LANDLORD from any and all personal injuries,
property damage,costs or expenses suffered by TENANT and his or her guests, Invitees,or roommates,resulting from,
or relating to,the use of said facilities other than ads or omissions which are determined to as,solely gross negligence or
intentional misconduct on the part of LANDLORD. The use of said facilities shall be at the sole risk of TENANT and his or
her guests,invitees,and roommates.
29. NOTICE: The California Department of Justice, sheriff's departments, police departments serving
jurisdictions of 200,000 or more and many other local law enforcement authorities maintain for public access a
data base of the locations of persons required to register pursuant to paragraph(1)of subdivision(a)of Section
290.4 of the Penal Code. The data base is updated on a quarterly basis and is a source of Information about the
presence of these Individuals In any neighborhood. The Department of Justice maintains a Sex Offender
Identification Line through which Inquiries about Individuals may be made. This is a "900"telephone service.
Callen must have spaelfie Information about Individuals they are checking. Information regarding
neighborhoods Is not evallable through the"Ill telephone service. At the time of printing,that number is(900)
463-0400.
9g4\BF-2A-ML.doc:R9v.10roa"1o0t -4.
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30. ADDITIONAL TERMS AND CONDITIONS:
31. ENTIRE AGREEMENT: The foregoing constitutes the entire agreement between the parties and supersedes
any oral of written representations or agreements that may have been made by either party. Further TENANT represents
that he has relied solely on his own judgment and experienpe in entering into this Agreement with LANDLORO.
32. AMENDMENTS: No provision of this Agreement may be amended except by an agreement in writing signed
by both LANDLORD and TENANT.
LANDLORD: TENANT:
LEWIS OPERATING CORP.,
a California Corporation
By:
Authorized Agent
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NOTICE OF ADJOURNED MEETING
Notice is hereby given that the Rancho Cucamonga Library Foundation Board at their meeting held
Monday, December 3, 2001, adjourned said meeting to Monday, January 14, 2002, at the hour of
6:00 p.m., in the Tri-communities Room at the City of Rancho Cucamonga, 10500 Civic Center
Drive, Rancho Cucamonga, California. Said adjournment was passed by the following vote:
AYES: Beasley, Bradshaw, Davies, Pachon, Viricel and Williams
NOES: None
ABSENT: Filippi and Stark
ABSTAIN: None
Vivian Garcia, Library Administrative Secretary
Rancho Cucamonga Public Library
December 4, 2001