STAFF REPORT HONORABLE MAYOR AND CITY COUNCIL TO: KATHY PETKE~PARKS AND RECREATION PROGRAMS DIRECTOR FROM:

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1 STAFF REPORT TO: FROM: SUBJECT: HONORABLE MAYOR AND CITY COUNCIL KATHY PETKE~PARKS AND RECREATION PROGRAMS DIRECTOR CONSIDERATION OF APPROVAL OF THE LEASE AGREEMENT BETWEEN THE CITY OF GROVER BEACH AND THE SAN LUIS OBISPO COUNTY YMCA FOR THE OPERATION OF THE SOUTH COUNTY SKATE PARK BACKGROUND The South County Skate Park (Park), located at 1750 Ramona Avenue, APN , has been closed to the public since April 9, 2012 in an effort to save costs for the remainder of the FY12 budget. Consequently, three part-time employees that were staffing the Park were laid off as well. The Skate Park has been closed since April. In order to make the Skate Park available to the youth of the community for the remainder of the summer, this item was routed directly to the Council for consideration. The term of the proposed Lease Agreement between the City of Grover Beach and the YMCA to the Skate Park is for a period of one year, beginning August 1, DISCUSSION The Skate Park was built in 1999 and is an impressive 13,000+ square foot concrete park where skateboarders and in-line skaters of all skill levels practice their sport. After having the Park open for a year, the City experienced numerous issues related to the operation of the Park, bullying, loitering, vandalism, and delinquent behavior. In order to address some of those issues, by direction of the City Council, the City installed an 8' fence, hired staff to enforce the rules and began charging an entrance fee. Virtually overnight, the Park became a safe place for youth. At its height of attendance, the Park attracted nearly skaters a day during summer months over the years. Over time the general use of the Park declined as there was limited funding for training, programming and special events. It should be noted that Department staff and the Police Department do not recommend the Park be left open and unmonitored. Across the country, this approach to operations of Skate Parks has not proved to be successful. In unmonitored parks, usage by youth declines and non-skating parties regularly occupy the facilities and discourage skating use. The Park is a very significant Grover Beach asset and in an effort to re-open the Park, staff approached two local non-profits (the San Luis Obispo County YMCA and the Boys and Girls Club) to determine their interest in operating the Park. The Boys and Girls Club reviewed the opportunity to operate the Park with their Board but declined to provide an offer of operation. The City received one written proposal from the San Luis Obispo County YMCA that could be a win for all stakeholders as it APPROVED FOR FORWARDING RbBERT PERRAULT CITY MANAGER Meeting Date: July 16, 2012 Please Review for the Possibility of a Potential Conflict of Interest: ~None Identified by Staff D Bright DShoals D Molnar D Nicolls D Peterson Agenda Item No.

2 Staff Report: July 16, 2012 Page 2 Consideration to Approve the Service Agreement between the City of Grover Beach and the San Luis Obispo County YMCA for the Operation of the South County Skate Park relieves the City of operational expenses and oversight, while providing a monitored environment for added safety. The YMCA would also be able to offer patrons extended hours and enhanced programming (See Attachment 1). Lease Highlights The YMCA proposes to lease the Skate Park for a period of one year for an annual lease cost of $1.00 per year. The YMCA would also be responsible for day-to-day operations and maintenance of facility. The City would continue to complete major asset repairs on an as-needed basis (See Appendix A of Attachment 2, Lease Agreement). ALTERNATIVES The City Council has the following alternatives: 1. The City Council may choose to approve the Lease Agreement for San Luis Obispo County YMCA to operate the South County Skate Park; or 2. The City Council may choose to provide staff with further direction. RECOMMENDED ACTION Approve the Lease Agreement for San Luis Obispo County YMCA to operate the South County Skate Park and authorize the Mayor to execute the Agreement on behalf of the City. FISCAL IMPACT The YMCA would pay an annual rent to the City of one dollar ($1.00). PUBLIC NOTIFICATION The agenda was posted in accordance with the Brown Act. ATTACHMENTS Attachment 1 Attachment 2 YMCA Proposal Proposed Lease Agreement Authorizing the YMCA to Operate the South County YMCA

3 Attachment 1 FOR YOUTH DEVELOPMENT FOR HEALTHY LIVING FOR SOCIAL RESPONSIBILITY Grover Beach Skate Park Proposal By San Luis Obispo County YMCA July 2, 2012 Overview The San Luis Obispo County Y has been serving our community since 1956 with a focus on youth development, healthy living and social responsibility. Located on Southwood Drive in San Luis Obispo since 1977, the Y has grown to a countywide organization serving up to 9,000 people per year. The San Luis Obispo County YMCA has a long history of positive youth, adult, and community development. From its inception, the Y has worked with youth and their families to provide a wide range of challenging opportunities that promote healthy development. Not only does the San Luis Obispo County YMCA have this long history to draw from; but our membership with the YMCA of the USA also offers ongoing resources and support that strengthen our work. Our Board of Directors annually reviews the strategic direction of our organization, including a detailed review of programs through which they establish clear priorities and goals for improved programming and service delivery. This ongoing planning process is firmly rooted in reviewing data from the Action for Healthy Communities Report, as well as feedback from our current stakeholders. No family or participant is turned away from Y programs due to an inability to pay. The San Luis Obispo County YMCA provides over $100,000 in scholarships and financial assistance to ensure families have the support they need. The Y does this with the support of hundreds of local individuals who share the Y's vision for youth development, healthy living and social responsibility. Program Purpose and Goals Program Operations The Y's goal is to provide quality programming for the Grover Beach Skate Park while strengthening the community. We believe that lasting personal and social change can only come about when we work together to invest in our kids, our health and our neighbors. Our objective is to provide youth and families with a safe and fun skate park environment that will continue to be a sustainable community resource for years to come. Y staff will help strengthen youth assets by instilling the values of caring, honesty, respect and responsibility in all skate park operations. The Y will implement all skate park administration including operations, programming, staffmg, scheduling, financial management and continued development of a collaborative partnership with the city of Grover Beach. Our objective is a seamless transition that wonld be a cost savings to the City of Grover Beach while still maintaining high quality programs and

4 J ",. the # Administration Terms of Agreement FOR YOUTH DEVELOPMENT FOR HEALTHY LIVING FOR SOCIAL RESPONSIBILITY services for youth and families in our community. A $5, start up sponsorship has been offered to the Y by a corporate business in an effort to show support and commitment to reopening the South County Skate Park in partnership with the city of Grover Beach. Program operation would adhere to all criteria established in the contract including, but not limited to: Staffing - interviewing, hiring, training and scheduling Recruitment and training of volunteers Staff enforcement of: Posted skate park rules Language and behavior standards Equipment requirements (helmets, knee and elbow pads) Equipment purchases Scheduling of all skate park hours and activities Developing and maintaining all registration forms Providing the community staff people that are available from 9:00-5 :00 Monday thru Friday who can assist and answer questions (Front Desk) Purchasing all staff supplies including uniforms Purchasing all necessary program supplies Marketing: The Y will collaborate with the city to increase awareness and use of the Grover Beach Skate Park through the development and implementation of a sponsorship program Website: The Y will utilize for online registration and for sponsor/donor recognition Creation of Friends of the Skate Park committee to help maintain, advocate and raise funds for continued successful operation. South County Advisory Committee and list ofy Board Members attached. A skate park coordinator will be available throughout the program's daily operation. Additionally, all registrations, insurance, and other administrative matters will be the responsibility of the San Luis Obispo County YMCA and overseen by the Y's South County Advisory Committee as well a full Board of Directors. The Skate Park Coordinator will be responsible for record keeping; implementing rules, regulations, guidelines, policies and procedures and emergency action plans. All administrative policies and practices would be implemented in accordance with YMCA of the USA best practices. A written risk management plan specific to the Y is already established and in practice with all programs operated throughout our organization. It is the intention of the YMCA to develop a contract where the terms of the agreement are as follows: The San Luis Obispo County YMCA will lease the Grover Beach Skate Park from the City of Grover Beach begiuning August 1,2012 for 1 year at a cost of$1 per year. The Y will

5 FOR YOUTH DEVELOPMENT FOR HEALTHY LIVING FOR SOCIAL RESPONSIBILITY have exclusive control of all administration and operation of the Skate Park throughout the length ofthe agreement. The Y will provide operational day and monthly janitorial and landscape services including: cleaning, mowing, blowing, weeding, sweeping, watering. The City of Grover Beach will continue to maintain the Skate Park major asset structures including: buildings, fencing, plumbing, water and sewer pipes. At the end of the agreement tenn, the contract will be up for renewal, renegotiation or tennination be either party. Termination of Agreement Staff Qualifications Staff Training The Y or the City of Grover Beach may, for any reason, tenninate, reduce or renegotiate this agreement with 30 days written notice to the other party. Certified in First Aid, CPR and AED Knowledge of the sport of skateboarding Command presence with the ability to enforce rules Ability to relate well to youth Pass Department of Justice background screening via Live Scan Initially, staffwill receive an orientation to the program and specific instructions for their role in the program's success. All regular trainings will be documented. Monthly trainings will be conducted on the following topics: CPR, First Aid Refresher Asset Development Character Development Risk, Prevention, and Emergency responses Appropriate Discipline Communication with parents Working with Special Needs members Health & Safety Natural disaster & severe weather OSHA standards on blood borne pathogens exposure Avoiding injuries

6 FOR YOUTH DEVELOPMENT FOR HEALTHY LIVING FOR SOCIAL RESPONSIBILITY Family & Community Involvement DayslHours of Operation Additional Components Budget Partners/Sponsors Document Prepared by Contact Information Volunteer opportunities available Special events including contests and exclusive use (i.e parties not open to the public) Opportunities for skate park facility rental including planning services Opportunities for parent involvement To Be Determined by YMCA 40 Developmental Assets: Efforts will be made to increase the asset count of each youth involved in Y programs. Character Development: programming that promotes the 6 Pillars of Character will guide all aspects of the program. Inclusive Programming: The Y is committed to serving each child regardless of ability. Every effort will be made to include every child interested in participating in any Y program. An armual budget will be developed that is based on prior years' performance provided by the city and projected for the following year. Partnerships and sponsors will be solicited and maintained in order to provide advocacy, support and awareness of skate park operations. They include but are not limited to: City of Grover Beach Parks and Recreation (Listing of Skate Park in Quarterly Activity Guide). Local Businesses/Sponsors Linda Wingert, YMCA South County Regional Director Linda Wingert E -lwingelt@sloymca.org W-78l-3518 extl07 Office: 1020 Southwood Drive SLO, CA 93401

7 FOR YOUTH DEVELOPMENT FOR HEALTHY LIVING FOR SOCIAL RESPONSIBILITY Addendums YMission YMCA Top Provider Character Development Asset Development Collaboration Financial Integrity To develop the total person-spirit, mind and body- through valuesbased programs that build strong kids, strong families and strong communities. V's across the nation serve nearly 10 million children under the age of 18 through activities such as camping, sports, and family programs. The positive development of character is important to the Y. The Y is committed to demonstrating through example, communication, positive reinforcement, and educational activities that support the establishment of values-based decision making. Values education focuses on the traits of honesty, caring responsibility, respect, trustworthiness, and citizenship. The Y has adopted the curriculum of the Character Counts coalition. The Y is an active partner with the Search Institute in the efforts to increase the number of assets our youth possess. Not only does staff work to add assets for the children, but they work to increase the understanding of parents who can become asset builders for their children. The Y is devoted to maximizing the resources available for each member. This devotion moves us to developing collaborative partnerships throughout the organization. Local partners include the County Office of Education, 4H, CAPSLO, local law enforcement, Parks and Recreation, School Districts, French Hospital, and many more. Nationwide, V's have an excellent track record of collaboration. The Y operates with sound fiscal practices. We maintain operating reserves and a line of credit to manage cash flow. We annually submit to an audit. We have established an Audit Committee that operates separately from the Finance Committee. Additionally, we maintain excellent human resource practices with a certified Human Resource Director on staff. See attached balance sheet and employee handbook. Local Control Although part of the largest nonprofit in the nation, the San Luis Obispo County YMCA has full autonomy and local authority. It is governed by a local Board of Directors with a diverse set of skills,

8 FOR YOUTH DEVELOPMENT FOR HEALTHY LIVING FOR SOCIAL RESPONSIBILITY backgrounds, and representations. Nearly 113 of the board is comprised of individuals from the South County. See attached board list. Relationship to Y of the USA Financial Aid Grant Funding Donations Infrastructure Safety Adequate staff resources Long, rich history The YMCA ofthe USA serves as a consulting body for local efforts. V-USA maintains and compiles a large array of information for access by the local Y. Each staff member has access to the information through an exchange website that is password protected. Additionally, V-USA certifies trainers and maintains a continuum of over 140 separate training curriculums in addition to conducting specialized conferences. Because some of our programs are fee based in nature, it is important to know that the Y maintains a policy of financial assistance for those with a demonstrated financial need for all program operations. Thus, we can boast: no one is turned away for lack of ability to pay. The Y aggressively pursues grant funding to supplement ongoing programs as well as establish startup funding for new progranuning. As a 501c3, we enjoy the benefit of offering a tax deduction for all charitable contributions. The Y maximizes this effort annually with a fundraising campaign. The Y operates with a full team of experts to deliver quality programs, and complies with all State and Federal regulations as well as provide for the full and adequate supervision of our line staff. Y staff are trained to be responsive to circumstances as they arise. In keeping with our values of respect and caring, the Y maintains high safety standards which include maintaining policies such as: no adult may be alone with a child, conducting monthly drills in preparation for fire, earthquake or other disaster. The Y maintains an in-house safety committee that regularly reviews our physical facilities, oversees policy implementation, and conducts staff training. Additionally, an annual risk review is conducted by an outside risk officer. Currently the community benefits from the labors of nearly 100 Y employees. This staff size provides ample resources to maintain appropriate program coverage even when absences occur. The Y has been providing excellent programming for our communities since 1844 and locally since Over the years,

9 FOR YOUTH DEVELOPMENT FOR HEALTHY LIVING FOR SOCIAL RESPONSIBILITY organizational learnings have been institutionalized in such a way that quality programming truly acts as an encouragement to youth and adults alike. Insurance Website Parent Handbooks The Y maintains a 2 million dollar insurance policy at all times and at a minimum, additionally maintains an umbrella of 1 million. At each site, the Y carries property insurance as well. The Y website has been an excellent communication tool for parents and the community at large. The site is updated weekly and includes registration materials, sport teams schedules and rosters, as well as generalized program information. All marketing materials, press releases, and brochures are posted on the website for easy access. All administrative Y staff are assigned an address to promote effective communication. Off site personnel are furnished a cell phone if needed. Parents are afforded insights into program operations, policies and procedures through a handbook offered them at the beginning of program operations. This book acts as an easy reference for a variety of topics from discipline procedures to our philosophies about serving special need populations.

10 Attachment 2 LEASE AGREEMENT THIS LEASE AGREEMENT made and entered into this day of -=-_-----,,------:----=--' 2012, by and between the CITY OF GROVER BEACH, a Municipal Corporation in the State of California, hereinafter referred to as the "Landlord", and SAN LUIS OBISPO COUNTY YMCA, hereinafter referred to as "Tenant". WITNESSETH: For and in consideration of the premises, and the covenants and agreements hereinafter contained, it is mutually agreed by and between the parties hereto as follows: 1. LEASED PREMISES AND PROPERTY. For and in consideration of the rental hereinafter provided to be paid by the Tenant, and for and in consideration of the covenants al1d agreements hereinafter contained on the part of the Tenant to be kept and performed, the Landlord has let and demised, and by these present do hereby let and demise unto the Tenant, and the Tenant has leased and taken from, and by these present do hereby lease and take from the Landlord, all that certain real prqperty situated,in the City of Grover Beach., ComIty of ~an Luis Obispo, State of California,,commonly known as South County Skate Park, APN , with the address of 1750 Ramona Ave., Grover Beach, CA93433 (th.e "Premises"). '.,'.. 2. TERM. The Lease shall commence on the 1 st day of August, 2012 (the "Commencement Date") and shall expire one (1) yea)." aftei' the Commencement Date. Parties may renegotiate or negotiate an extension of the Lease under the same or varied terms, or terminate this Lease for any reason"withthirty (30) days written notice to the other party. 3. LEASE PAYMENTS AND OTHER CONSIDERATION. In 6Onsideration of said' agreement to lease, the Tenant agrees to pay to the Landlord 'and the Landlord agrees to accept rental' in the,sum of One Dollar ($1.00) per year in advance (the "RenHil:~ee'),payable on the FIR,S! day of each and every year during and tmoughout theterih of thi's L'~ases'ubject to any adjustments described in this paragraph. Temint shall operate' the' Premises 'as a sl,ipervised Skate.Park, during hours determined by Tenant, fofthe behefit'and enjoyment of the residents of the City of Grover Beach, as well as members of the 'sllrroimdirtg coinmunities and other visitors to the City of Grover Beach. The operation may include special events, competition and other promotional events. At no time during the Term of this Lease shall the Skate Park be open to public access without sufficient trained and qualified supervision on site by Tenant's staff, Staff training will include certification in first aid, CPR and AED and knowledge of the sport of skateboarding. All staff must pass Department of Justice background screening via Live Scan. I

11 4. REPAIRS, MAINTENANCE, ALTERATIONS AND SURRENDER. Throughout the tenn thereof, the Tenant shall, at Tenant's sole cost, be responsible for operational daily and monthly janitorial and landscape services including cleaning, mowing, blowing, weeding, sweeping and watering in accordance with all applicable laws, rules, ordinances, orders and regulations of all governmental authorities having jurisdiction over the Premises. The Landlord will continue to keep the major assets of the Premises including buildings, fencing, plumbing, water and sewer pipes maintained and in good repair in accordance with all applicable laws, rules, ordinances, orders and regulations of all governmental authorities having jurisdiction over the Premises (Please see Appendix A). Any alterations, additions, improvements or changes to the on-site improvements installed by the Landlord or Tenant shall be made at Tenant's sole cost and expense and only after first submitting plans and specifications therefor to the Landlord and obtaining consent of the Landlord thereto in writing, which consent will not be unreasonably withheld. Tenant shall notify Landlord in writing at least ten (10) days prior to the commencement by Tenant of any work of alteration or repair. Any alterations or improvements shall at once become a part of the Premises and upon the tennination of this Lease, including any extension or renewal hereof, the Tenant shall peaceably surrender possession of the demised premises and all buildings or other improvements installed on the demised premises by the Tenant. 5. SECURITYITRESPASS Tenant will ensure that Premises are locked, secured and not accessible to the public while the Skate Park is not in operation. Tenant shall post appropriate "No-Trespassing" signs on the Premises and shall authorize the Grover Beach Police Department to initiate citations, arrest and prosecution of anyone who without authority enters the Premises while the Premises are locked and secured. 6. COMPLIANCE WITH LAW Tenant shall, at Tenant's sole cost and expense, at all times during the tenn hereof, comply with all of the requirements, ordinances, regulations and statutes of all municipal, state and federal authorities currently in or which thereafter be in force, pertaining to the Premises which materially affect the use and occupancy thereof, including Grover Beach Municipal Code Section INDEMNITY, TENANT'S LIABILITY AND LIABIILITY INSURANCE This Lease is made upon the express condition that Tenant shall not hold Landlord liable for any loss, damage or injury of any kind whatsoever to the person or property of Tenant or any of Tenant's employees, guests or invitees or of any person whomsoever caused by any use of the demised premise or by any defect in any buildings, structure or other improvement constructed LEASE AGREEMENT 2

12 thereon or arising from any accident on said premises or any fire or other casualty thereon or occasioned by the failure on the part of Tenant to maintain said premises in a safe condition or of any nuisance made or suffered on said premises or by any act or omission of Tenant or Tenant's employees, guest, invitees or arising from any cause whatsoever except that Landlord shall be liable for all damages or liability resulting from the negligence or willful misconduct of Landlord or its agents, contractors, officers or employees. Tenant hereby waives on its behalf all claims and demands against Landlord for any such loss, damage or injury to Tenant and hereby agrees to indemnify and save Landlord free and harmless from liability for any such loss, damage or injury of other persons and from all costs, expenses and other charges arising therefrom and in connection therewith except that Landlord shall be liable for all damages or liability resulting from the negligence or willful misconduct of Landlord or its agents, contractors, officers or employees. Tenant agrees to maintain in force throughout the term hereof, at tenants sole cost and expense, comprehensive liability policies, including its excess liability policy, endorsed to include the City of Grover Beach as an additional insured or to secure, maintain and pay the necessary premiums upon, (i) a policy of liability insurance which shall apply to the demised premises, in a company satisfactory to the Landlord, which shall name the Landlord, and the officers and employees of the Landlord as co-insureds, with limits not less than TWO MILLION DOLLARS ($2,000,000.00) aggregate per accident, bodily injury and (ii) Worker's Compensation and Employers Liability insurance as required by the Labor Code of the State of California. The Tenant shall cause the Landlord to be furnished with a certificate(s) of such insurance. Tenant agrees to obtain a written obligation on the part of the insurance carriers to notify Landlord in writing at least sixty (60) days prior to any cancellation or non-renewal of any policy required of Tenant hereunder and Tenant further agrees that if Tenant does not keep said insurance in full force and effect, Landlord may obtain the necessary insurance and pay the premium such payment shall be deemed to be rent and shall be paid upon Tenant's demand. 8. UTILITIES. The Tenant shall provide, at Tenant's own expense, all electricity, water, gas and other utilities or services as the Tenant may require on the Premises. Landlord shall not be liable to Tenant for any failure, interruption, rationing or other willful curtailment of any utilities from whatever cause (other than Landlord's negligence or willful misconduct) and Tenant shall not be entitled to terminate this Lease or to any reduction or abatement of rent by reason of any of the foregoing. 9. ASSIGNMENT OR SUBLETTING OF LEASE. The Tenant shall not assign this Lease, or any interest therein, or in the property herein demised, and shall not sublet said premises or any part thereof to any person, firm or corporation during the term of this Lease, without the written consent of Landlord first had and obtained. It is expressly understood and agreed that any assignment or sublease as aforesaid shall be subject to all of the covenants and provisions of this Lease agreement. In the event of the insolvency or LEASE AGREEMENT 3

13 bankruptcy of the Tenant, either voluntary or involuntary, this Lease shall not become a part of the assets of said insolvent or bankrupt estate and shall thereupon terminate and be of no further force or binding effect upon the parties hereto. 10. RIGHT TO OUIET ENJOYMENT. The Landlord does hereby covenant and agree that upon the payment of the rent and the performance of all covenants by said Tenant to be paid and perfolmed as herein provided, said Tenant shall peaceably and quietly hold and enjoy the said premises during the term herein demised and any extension thereof. Tenant shall not commit, or cause to be committed, any waste on said premises, or any nuisance or other act or thing which may affect Landlord's interest in the Premises. 11. TAXES. The Tenant is hereby notified pursuant to Section (b) of the Revenue and Taxation Code when a public entity, such as the City of Grover Beach, enters into a written contract with a private party, the possessory interest subject to property taxation may be created and that the property tax levied on the possessory interest shall be the responsibility of the Tenant. 12. DEFAULT It is further agreed that if default be made in those covenants and agreements by said Tenant herein agreed to be kept and performed, then it shall be lawful for said Landlord at its option to terminate this Lease and re-enter upon said premises, take possession thereof, and remove all persons therefrom. 13. WAIVER OF BREACH. Any waiver, express or implied, by any party hereto, of any breach by any party of any covenant or provision of this Lease, shall not be, nor be construed to be, a waiver of any subsequent breach of any term or provision hereof. 14. ENTRY BY LANDLORD. Tenant shall permit Landlord or Landlord's agents to enter into and upon said Premises at all reasonable times with not less than twenty-four (24) hours prior written notice to Tenant (except in the case of emergency which shall not require any notice) for the purpose of inspecting the same, or for any other lawful purpose contemplated by the provisions of this Lease. Landlord shall conduct any such allowed entry of the Premises in a manner that will cause the least possible inconvenience, annoyance or disturbance to Tenant. 15. NOTICES. It is further agreed that all notices required to be given under this agreement shall be in writing, shall be sent by registered mail, postage prepaid, to the parties at their respective LEASE AGREEMENT 4

14 addresses below, or at such other address as the parties may from time to time notify each other in writing. If to Landlord, at: City Manager City of Grover Beach 154 S. Eighth Street Grover Beach, CA If to Tenant, at: Linda Wingert, South County Regional Director San Luis Obispo County YMCA 1020 Southwood Drive San Luis Obispo, CA BINDER ON SUCCESSORS, The Landlord and Tenant agree that the provisions of this Lease agreement shall extend to and bind, or inure to the benefit of (as the case may require), not only the parties thereto, but to each and everyone of the heirs, executors, administrators, representatives, successors and assigns of the Landlord and Tenant. The obligation of Tenant is joint and several. 17. CONFLICT RESOLUTION. Any controversy or claim arising out of, or relating to, this Lease between the Landlord and the Tenant, other than Landlord's unlawful detainer claim shall be mediated prior to initiation of any legal proceeding. Cost of such mediation shall be equally shared by the parties. 18. ATTORNEY'S FEES. In the event that any legal action (including mediation in accordance with the Section entitled "Conflict Resolution" hereof) is instituted by either of the parties hereto to enforce or construe the terms, conditions, and covenants of this Lease, or the validity thereof, the party prevailing in any such action shall be entitled to recover from the other party all court costs and reasonable attorney fees. 19. PARTIAL INVALIDITY. If any term or provision of this Lease or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, shall not be affected thereby, and each term and provision of this Lease shall be valid and be enforceable to the fullest extent permitted by law LEASE AGREEMENT 5

15 20. GOVERNING LAW This Lease shall be governed exclusively by the provisions hereof and by the laws of the State of California (without giving effect to its choice of law provisions) as the same from time to time exist. 21. COMPLETE AGREEMENT. This Lease constitutes the entire agreement between the parties and may not be altered, amended, modified or extended except by instrument in writing signed by the parties hereto. 22. AUTHORITY TO EXECUTE. Each party executing this Lease on behalf of an entity represents and warrants that the party has authority to execute this Lease individually and on behalf of the entity represented and that such entity has entered into the appropriate resolution or authorization for granting such authority and that said signature is for and on behalf of the named entity. IN WITNESS WHEREOF, the parties hereto have affixed their hands on the day and year set forth above. CITY OF GROVER BEACH, "LANDLORD" SAN LUIS OBISPO COUNTY YMCA, "TENANT" By: , Jo By:_--:--:-:-----=: :::-_:-=:-- Jenifer Rhynes, General Director ATTEST: Donna L. McMahon, City Clerk APPROVED AS TO FORM Martin D. Koczanowicz, City Attorney LEASE AGREEMENT 6

16 EXHIBIT A TO LEASE AGREEMENT Description of Lease Property: The Legal Description of 1750 Ramona Avenue, Grover Beach, CA (APN ) is: PM 34/9 PARA LEASE AGREEMENT 7

17 Appendix A South County Skate Park General Maintenance To be completed by the YMCA: Kiosk and restroom cleaning: debris and trash removal, janitorial, windows, general exterior upkeep. Kiosk and restroom finish electrical and plumbing: clean and repair finish electrical and plumbing fixtures to maintain in good working order and leak free. Repair or replace as necessary. Skate Park hardscape maintenance: sweeping (debris removal), graffiti removal, removal of gum, stickers and other materials. Skate Park furniture maintenance: cleaning, graffiti removal, removal of gum, stickers and other materials, painting and minor repair of surfaces as needed. Skate Park Landscape: (lawn, plants and trees) mowing, blowing, weeding, pruning, gopher control, fertilizing, watering and replacement if necessary to maintain existing or better condition. Skate Park Irrigation: monthly irrigation audits, maintain and replace spray heads, bubblers, emitters and other terminal fixtures as needed to keep irrigation system in working order. Major Asset Repairs To be completed by the City: Buildings: Repair or replacement of major building components including wood, windows, masonry and roofing. Electrical and Plumbing: Repair or replacement of electrical and plumbing service conduits, pipes, conductors, meters and major appliances. Skate Park Fencing and Gate: Repair or replacement of fence, gate, posts and existing signs.. Skate Park Irrigation: Repair or replacement of irrigation controller, controller wires and pipes.