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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. r' 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: `1- r' 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. 994131F-2A-ML.doc:Ray.iwow=f 16-12-01 15:09 RECEIVED FROM: P.02 W 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. 9s4iBF-2A-ML.docRsv.10/064001 .2. 10-12-01 15:09 RECEIVED FROM: P.03 (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. 9941111`.211MLdoCRev.iwat;rgdl .3- 10-12-01 15:1a RECEIVED FROM: P-04 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. 10-12-01 15:12 RECEIVED FROM: P.if5 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 9940E-2A-ML.doa. a.1000ylppl .S 10-12-01 15:12 RECEIVED FROM: P.06 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