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HomeMy WebLinkAbout7/19/2000 - STAFF REPORTS (15) DATE: July 19, 2000 TO: City Council FROM: Director, Department of Facilities LEASE AGREEMENT WITH PALM SPRINGS YOUTH CENTER RECOMMENDATION: That City Council approve a Lease Agreement between the Palm Springs Youth Center and the City of Palm Springs for property located at 255 South El Cielo Road and known as the old DMV building for operation of the Palm Springs Boxing Club. BACKGROUND: On October 6, 1999, City Council authorized an appropriation of$50,000 from the Amateur Softball Tournament Account of the Community Promotion Fund as a one-time donation to the Palm Springs Youth Center(PSYC)for operation of the Palm Springs Boxing Club (PSBC) at 255 South El Cielo Road. Based upon Council's action, the City Manager instructed staff to develop an agreement between the City's Parks and Recreation Division and PSYC for the continued operation of the PSBC at the old DMV building on South El Cielo Road. The City Manager's instruction at that time was to develop a relatively informal agreement in the form of a Memorandum of Understanding (MOU)for a term not to exceed three and one-half years and not to seek rental consideration from the PSYC for use of the property. Staff proceeded in this manner. During the review process, the City Attorney requested that the document be modified to be a lease so that language concerning destruction of property,holding over,and remedies could be incorporated.Although,initially,it was thought that the FAA would not approve this, these issues were resolved. Staff is presenting an agreement for City Council's consideration that is in a form acceptable to the FAA,the City Attorney's office, PSP, and PSYC for operation of the PSBC at 255 South El Cielo Road. The content of the proposed Lease Agreement is relatively straightforward in its requirements.The City is waiving all rental consideration for the property to PSYC. PSYC must maintain the building,property,and other appurtenances in acceptable condition for the term of the agreement. All operational costs for the boxing program, including needed interior improvements,and all materials,supplies,and services are to be at the sole expense of the PSYC for the term of the lease, and PSYC must operate the facility as the PSBC. /� A LEASE AGREEMENT WITH PALM SPRINGS YOUTH CENTER DATE: July 19, 2000 PAGE. Two The Parks and Recreation Commission approved, in concept, the agreement as proposed at its February 16 regularly-scheduled meeting. OTT MIKESELL, Director Department of Facilities APPROVED: City Manager ATTACHMENTS: 1. Lease Agreement 2. Minute Order REVIEWED OYME OFFIRARIE BOXING CLUB LEASE AGREEMENT This BOXING CLUB LEASE AGREEMENT("Lease")is made and entered into this day Of .2000("Effective Date"),by and between the CITY OF PALM SPRINGS, a California municipal corporation("City"),and PALM SPRINGS YOUTH CENTER,a California non- profit corporation("PSYC"). RECITALS A. The City and PSYC are mutually interested in providing quality recreational activities for the youth of the City of Palm Springs. B. City is the owner of that certain real property located at 255 South El Cielo Road,Palm Springs, California,including all improvement thereon existing as of the Commencement Date("Site"),as legally described in Exhibit"A" attached hereto. C. The City wishes to make the Site available to PSYC and PSYC wishes to use such Site under the terms of this Lease to fulfill the goal of providing quality recreational activities for the youth of the City of Palm Springs. D. The parties recognize that through a cooperative Lease between the City and PSYC for use of the Site under the terms herein,the community will be afforded the fulfillment of a major recreational goal for the youth in the City of Palm Springs. AGREEMENT 1.0 LEASE AND CONDITION OF SITE. 1.1 Lease of Site. City hereby leases and demises to PSYC and PSYC hereby hires from City,for the term and upon the conditions set forth herein,the Site,as legally described in Exhibit"A." 1.2 Condition of Site. PSYC agrees that it accepts the Site"AS-IS"and"WHERE-IS"without any representations and warranties of any nature or kind whatsoever from City. 2.0 LEASE TERM 2.1 Lease Commencement Date. The Lease Commencement Date shall mean the date this Lease is executed by City. 2.2 Lease Term. The Lease Term shall mean the period commencing upon the Lease Commencement Date and continuing for five(5)years. 2.3 Delivea ofPossession. City shall tender delivery of possession ofthe Site to PSYC within five (5)business days following the Lease Commencement Date. /41A 42 of ?ALM SIG City of Palm Springs u �,v Department of Facilities 401 S.Pavilion Way ■ Palm Springs,CA 92262 Telephone:(760)3234281 ■ FAX:(160)323-8279 Cq(IF0?. MEMORANDUM DATE: June 2, 2000 TO: Jeri Riddle, Director of Aviation, Palm Springs International Airport FROM: Scott Miikesell, Director, Department of Facilities SUBJECT: PALM SPRINGS BOXING CLUB AGREEMENT LETTER OF AGREEMENT It is the intent of the City of Palm Springs(City),through its Parks and Recreation Division,to enter into a cooperative lease agreement with the Palm Springs Youth Center(PSYC)for operation of the Palm Springs Boxing Club(PSBC), located at 255 S.El Cielo Road,for a term of three and one-half(3'/z)years. The parcel, formerly known as the Old D.M.V. Building property, is approximately 25,850 square feet in size.The fair market value of the properly lease,as determined by Palm Springs International Airport(PSP) staff,has been determined to be$151,222($5.89sq.ft.).Applying a capitalization rate of 8%,annual lease payments would be$12,097.For the term of the agreement,the land rental value will be a total of$42,342. City, in exchange for lease payments at the determined fair market value,shall oversee all tenant activities at die PSBC to ensure that the property, its improvements and the premises are maintained in satisfactory condition throughout the term ofCity's agreement with PSYC.City shall repair the existing roof,modernize and upgrade the restrooms, and repair all external appurtenances, such as HVAC mechanical systems, windows and doorways,to the satisfaction of PSP staff prior to entering into the agreement with PSYC for operation of the PSBC and deeding the building over to PSP.Additionally,at the end of the lease tern,PSP shall own the building at no cost to PSP. �r S90TT MIKESELL,Director JE#I RIDDLE,Director Department of Facilities Department of Aviation APPROVED: City Manager ;7LA IV MINUTE ORDER NO. APPROVING A LEASE AGREEMENT BETWEEN THE PALM SPRINGS YOUTH CENTERAND THE CITY OF PALM SPRINGS FOR PROPERTY LOCATEDAT255 SOUTH EL CIELO ROAD AND KNOWN AS THE OLD DMV BUILDING FOR OPERATION OF THE PALM SPRINGS BOXING CLUB. I HEREBY CERTIFY that this Minute Order, approving a Lease Agreement between the Palm Springs Youth Center and the City of Palm Springs for property located at 255 S. El Cielo Road and known as the old DMV building for operation of the Palm Springs Boxing Club, was adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 19"day of July, 2000. BY: PATRICIA A. SANDERS City Clerk