HomeMy WebLinkAboutA6807 - SUN COMMUNITY FEDERAL CREDIT UNION SCFCU AMENDMENT NO. 1 TO
FACILITY USE AGREEMENT
(SUN COMMUNITY FEDERAL CREDIT UNION)
This Amendment No. 1 to Facility Use Agreement ("Agreement') is made and entered into
this 2?r4 day of�- z � , 201(�, by and between the City of Palm Springs
("City") and Sun Community Federal Credit Union("SCFCU"),a federally chartered non-profit
corporation concerning the use of office space in the Shop Building at the City of Palm
Springs Corporation Yard ("Facility") located at 425 North Civic Drive, Palm Springs,
California.
RECITALS
WHEREAS, the City and SCFCU previously entered into an agreement for the use of
office space in the Shop Building at the City of Palm Springs Corporation Yard ("Facility")
located at425 North Civic Drive, Palm Springs,California;and
WHEREAS, the Facility Use Agreement was for an initial period of one year,
beginning September 1, 2015 and ending August 31, 2016, with the option of two additional
one-year terms; and
WHEREAS, the the City and SCFCU desire to renew the Facility Use Agreement
for the first one-year term.
NOW, THEREFORE, the City and SCFCU do hereby mutually agree as follows:
AGREEMENT
1. The Term of the Facility Use Agreement shall extended for a one-year period from
September 1, 2016 to August 31, 2017.
2. All other terms and conditions of the Facility Use Agreement shall remain in full force
and effect.
[SIGNATURES TO FOLLOW]
772566.1 1
IN WITNESS THEREOF,these parties have executed this Agreement on the day and year shown
below.
CITY OF PALM SPRINGS
Date:
Y" David H. Ready, City M ager APPROVED BY CITY MANAGER
ATTESTED: —'--` —''
Date: L;?
ames Thompson, City Clerk
APPROV S TO FORM:
Date: ��. 0� akfav
Douglas . Holland, City Attorney
•
SUN COMMUNITY FEDERAL CREDIT UNION
Date:'zl
Glen Justi e
Senior Vice President of Branch Administration
If Sun Credit Union is a corporation, a Corporate Resolution and/or Corporate Seal is required.
If a partnership, Statement of Partnership must be submitted to City.
772566.1 2
Contract Number: 10409316
COI Number. 109800-000
CUMIS INSURANCE SOCIETY, INC
CERTIFICATE OF INSURANCE
This is to certify that such insurance policies as indicated below by policy number have been issued on forms in current use by the
Society. Hazards covered are indicated by (X). This CERTIFICATE OF INSURANCE neither affirmatively nor negatively amends, extends,
or alters the coverage afforded by these policies. The insurance afforded by the policies described herein is subject to all the terms,
exclusions and conditions of such policies. Aggregate limits shown may have been reduced by paid claims. This certificate is issued as
a matter of information only and confers no rights upon the certificate holder.
Name and Address of Certificate Holder
The City of Palm Springs
3200 E Tahquitz Canyon Way
Palm Springs CA 92262 6959
Type of Insurance Polky Number EclAration Date Limits of LWAfty
WORKERS'COMPENSATION Statutory
EMPLOYERS' LIABILITY
COMPREHENSIVE $300,000 Each Occurrence
GENERAL LIABILITY 298480 01/15/2017 $900,000 Policy Aggregate
(X) OCCURRENCE
(X) Policy Aggregate Limit
AUTOMOBILE LIABILITY Combined Single Limit
(X) Owned Automobiles 298478 01/15/2017 $300,000 Each Occurrence
(X) Hired Automobiles
(X) Non-Owned Automobiles
( ) Repossessed Automobiles
EXCESS LIABILITY $5,000,000 Each Occurrence
(X) OCCURRENCE 298480 01/15/2017 $15,000,000 PolicyAggregatet
(X) Policy Aggregate Limit V
Should any of the described policies be cancelled before the expiration date noted, the Society will mail 45 days prior
written notice of such cancellation to the above named Certificate Holder. The mailing of the notice shall be sufficient proof
of notice.
Description and lication of operations and/or automobiles and/or property covered:
Sun Community Federal Credit Union's proof of insurance for premises and operations at the 425 N. Civic Dr.,
Palm Springs,CA 92262 location.
Refer to CUPOP 6102 Additional Insured endorsement for details.
Name and Address of insured: Date: 08/19/2016
SUN COMMUNITY FEDERAL CREDIT UNION
PO Box 4210 By: t� —
El Centro CA 92244 4210
AUTHORIZED REPRESENTATIVE
CGA 200 A27 08 10 CUMIS Insurance Society,Inc. Page 1 of 2
Important Notice
This is your current Certificate of Insurance. This replaces any previously issued Certificate of Insurance that may have been
issued to you. The General Liability and Excess Liability coverages may contain both a Per Occurrence and General
Aggregate limit. Refer to the Certificate of Insurance for specific coverage, limit and deductible information.
Questions Regarding This Certificate
If you have questions regarding this Certificate, please contact our Customer Response Center at 1-800-637-2676.
CUNA MUTUAL GROUP 298480
CUMIS Grswance Society,Inc
H.01f : Mmin��.v Once:
2"HftSOW HevIAp ?uy MMt .W vO.nHa ADDITIONAL INSURED ENDORSEMENT
WVW M10 WI53105
PREMISES YOU LEASE
PROPERTY AND BUSINESS LWBILffY POLICY
Various provisions in this Policy restrict coverage. Read the entire Policy carefully to determine rights, duties
and what is and is not covered. The Common Policy Provisions apply to this endorsement. This
endorsement modifies the Business Liability Coverage.
Designation of Premises (Part You Lease):
425 N Civic Dr
Palm Springs CA 92262 0331 /
V
Name of Person or Organization (Additional Insured):
The City of Palm Springs, its officials, employees and agents
3200 E Tahquitz Canyon Way
Palm Springs CA 92262 6959
WHO IS AN INSURED
Who Is An Insured
The following is added to the Who Is An Insured provision in the Business Liability Coverage:
The person or organization shown on this endorsement is also an Insured, but only with respect to
"bodily injury," "property damage," "personal injury" or "advertising injury" arising out of the
ownership, maintenance or use of that part of the premises designated on this endorsement, leased to
you,and subject to the following additional exclusions:
The insurance does not apply:
1. To any"occurrence"which takes place after you cease to be a tenant in said premises; or
2. To structural alterations, new construction or demolition operations performed by or on behalf of
the person or organization designated above.
CUPOP 6102 0310 O MIS Inswanoe Sodely,Inc WM 08/19116
kdLdKgy "W mYelal dWM"SeA=0ftkr-,W0b Page 1 of 1
ClienW: 13596 SUNCOM
ACORD,. CERTIFICATE OF LIABILITY INSURANCE °811-112O°'y""'
nn2o16
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BYTHE POLICIES
BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT:If the certtricate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.U SUBROGATION IS WANED,subject to
the terms and conditions of the policy,certain policies may require an endorsement.A statement on this Certificate does not confer rights to the
Certificate holder in lieu of such endomement(s).
PRODUCER CONTACT
NAME: Melissa Cabunoc
Moreton&Company (WeN Ea 303-385-2141 AC No: 303-385-2199
P.O. Box 58139 ADD'DRRESS. mcabunoc@moreton.com
Salt Lake City, UT 84158-0139 INsuRE s AFFORDING covERADE mce
801 531-1234 INSURER A:Travelers Property Casualty Co. 25674
INSURED INSURER B:
Sun Community Federal Credit Union
INSURER C
1068 Broadway
INSURER D:
P.O.Box 4210
El Centro,CA 92244 INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVEBEENISSUED TOTHE INSURED NAMEDABOVE FORTHE POLICYPERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAN) CLAIMS.
LT9R TYPE OF INSURANCE IN SR WDOL VU POUCYNUMBER MMIDDYEFF M�iN�EJI' uws
COMMERCIILLGERERALUABILITY IFAACMHp(O,FCTCTURRENCE a
CLAIMS-MADE ❑OCCUR PREIAI'uE5 eomin0enm a
MED EXP p person) a
PERSONAL&AOV INJURY a
GENL AGGREGATE LIMIT APPLIES PER: \1 GENERAL AGGREGATE a
PRO- fVVV1�1`!
POLICY JECT LOC PRODUCTS-COMP/OP AGO §
OTHER. S
AUTOMOBILE LYIBLTTT -4�7COMBINED SINGLE LIMIT
Ea a rideM
ANY AUTD \\ _ BODILY INJURY(Perpemm) a
ALJI SCHEDULED �l
AUTOS AUTOS BODILY INJURV(PeraatlerN) §
HIRED AUTOS AMON�OOWNEO \� tlCYDAMAGE $
Sri
UMBREl1A LIPS OCCUR EACH OCCURRENCE §
EXCESS LUIB CLAIMS-MADE - AGGREGATE a
DIED I I RETENTION a a
A WORKERS COMPENSATION HJUB5G62994516 1110112016 0110112017 X I
RTUTE OTH-
AND EMPLOYERS'UABLnYER
ANY PROPRIETOR/PARRIEP/EXECUTNE YIN E.L.EACH ACCIDENT $11,000000
OFFICER/MEMBER EXCUUDED9 N/A
(Myandatary In NH) E.L.DISEASE-EAEMPLDYEE 11000000
OySCR�ON OF OPERATIONS bebw E.L.OISEASE-POLICYLIMIT §i ODD ODD
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,AEMeomIl Remains SCAeEule,may be aeatl,ed a mom apses N r mulmd)
CERTIFICATE HOLDER CANCELLATION
The City of Palm Springs SHOULD RE
THE EXPIRATION H DATE VTHEREOF, NOTICE WILL BE DELIVERED E DESCRIBED POLICIES BE CANCELLED OIN
3200 E. Tahquitz Canyon Way ACCORDANCE WITH THE POLICY PROVISIONS.
Palm Springs,CA 92262
AUTHORIZED REPRESENTATIVE
O 1988-2014 ACORD CORPORATION.All rights reserved.
ACORD 25(2014101) 1 of f The ACORD name and logo are registered marks of ACORD
#5851157rM821834 MELCA
FACILITY USE AGREEMENT
(SUN COMMUNITY FEDERAL CREDIT UNION)
This Facility Use Agreement ("Agreement") is made and entered into this /X��day of
Xu 7 , 201_6 by and between the City of Palm Springs ("City") and Sun
Com . nity Federal Credit Union ("SCFCU"), a federally chartered non-profit corporation
concerning the use of office space in the Shop Building at the City of Palm Springs
Corporation Yard ("Facility") located at 425 North Civic Drive, Palm Springs,California.
RECITALS
WHEREAS, the City and SCFCU are mutually interested in providing a federally
chartered Credit Union serving the employees of the City of Palm Springs and members of
their immediate families;and
WHEREAS, through this agreement SCFCU will be afforded the opportunity, on the
same basis as other lawful users,to provide services desired by any person who lives, works,
worships or volunteers in Imperial or Riverside Counties; and
WHEREAS, the Palm Springs City Employees Federal Credit Union has operated at
the facility sinceNovember 1979 and mostrecently merged with SCFCU Federal Credit Union
as of close of business August 31, 2015 and is now operating as Sun Community Federal
Credit Union ("SCFCU");and
WHEREAS, the SCFCU merger has expanded financial services available to anyone
who lives, works, worships or volunteers in Imperial or Riverside Counties; and
WHEREAS, SCFCU now desires to enter into this Agreement to obtain access and use
of the Facility, according to the terms and conditions stated herein.
NOW, THEREFORE, the City and SCFCU do hereby mutually agree as follows:
AGREEMENT
1. TERM.
1.1. Term. This Agreement shall be in full force and effect for a period of one (1)
year, beginning September 1, 2015 and ending August 31, 2016. City and SCFCU may
renew this Agreement for two (2) additional one (1) year terms, under the same terms and
conditions stated herein, except forany changes such as fees and charges for the use of certain
facilities as specified in Section 2.
2. TERMINATION. City and/or SCFCU may terminate this Agreement at anytime, with
or without cause, upon sixty (60) days' written notice to City and/or SCFCU. Nothing
shall prohibit termination at less than sixty (60) days' written notice upon any material
breach of this Agreement. ORIGINAL BID
772566.1
1 AND/OR AGREEMENT
2.1. Facility Use. Building known as Shop Building at the City of Palm Springs
Corporation Yard on 425 North Civic Drive. The space has been used by the City of Palm
Springs Federal Credit Union since November 1979,serving City of Palm Springs employees
and members of their immediate families. SCFCU will provide expanded financial services
to anyone who lives, works, worships or volunteers in Imperial or Riverside Counties.
2.2. Scheduling of Use. SCFCU may usethe Facility inaccordance with Section 1.1
only during the times specified in the Schedule, attached as Exhibit "C" and incorporated herein
by reference.
2.3. Fees and Charges for Facility SCFCU agrees to pay City Two Hundred
Fifty Dollars ($250.00) per month payable on the first day of each month.
2.4. ATM. SCFCU has an existing ATM inside the office space at 425 North Civic
Drive. SCFCU shall maintain the ATM in good working condition during the term of this
agreement.
2.5. Mailbox. SCFCU has its own mailbox for incoming mail in front of the
building fortheir exclusive use. Forthe convenience of City employees,City shall provide a
mail slot inside the mail room at City Hall forinteroffice mail to be delivered to SCFCU at425
North Civic Drive.
2.6. Utilities. SCFCU is responsible for establishing telephone lines, in separate
accounts from the City, and is responsible for payment of monthly accounts related to these
services. All other utilities shall be provided by the City. SCFCU expressly waives any and
all claims to the City for compensation for any and all losses or damages sustained for any
reason or any defect, deficiency or impairment of any utility system, water supply system,
drainage system, electrical apparatus or wires serving the Facility with respect to the loss ofthe
facility for SCFCU functions.
2.7. Signs. No signs may be erected at the Facility, unless SCFCU first obtains
written approval from the City, which shall not unreasonably be withheld. All signs posted by
SCFCU at the Facility shall conform toall applicable Palm Springs Municipal Code and Palm
Springs Zoning Code provisions.
2.8 Improvements. Should SCFCU desire any improvements at the facilities
referenced above, SCFCU shall provide City advanced written notice of such
improvements, including the proposed scope of work,and obtain City's written approval prior
to any commencement of work. SCFCU shall be solely responsible for any tenant
improvements at the facilities, and represents and warrants that all improvements by
SCFCU or SCFCU's contractors shall comply with all applicable local, state, and federal law,
including zoning and building codes and any applicable business licenses. Proof of
insurance in favor of the City, covering the proposed work, to the satisfaction of the City
Attorney, must be presented to City prior to the commencement of any work. SCFCU is
personally responsible for the cost of any proposed improvements. If SCFCU commences
improvements without complying with the procedures outlined herein, the City may declare
a material breach of this Agreement and terminate the Agreement immediately without any
772566.1 2
penalty. In addition, upon expiration or termination of this Agreement for any reason,
SCFCU releases all claims to any improvements performed after the commencement date as
set forth in Subsection L1: Term at the facilities and permits the City to retain or remove
any improvements performed after the commencement date as set forth in Subsection 1.1:
Term and recover any such costs from SCFCU.
3. SECURITY. SCFCU staff are responsible for locking and securing the building and
setting the alarm upon departure. SCFCU has installed their own security alarm system in
the building and has contracted separately with a Security System and Monitoring Company
for monitoring and response. SCFCU shall comply with Chapter 5.02 of the Palm Springs
Municipal Code as an "alarm user" and shall be liable for all false alarm response fees
pursuant to Palm Springs Municipal Code §5.02.075 resulting from SCFCU's failure to set the
alarm under circumstances required by this Agreement.
4. INSURANCE.
4.1. Minimum Insurance. SCFCU shall procure and maintain, at its sole cost and
expense, in a form and content satisfactory to City, during the entire term of this
Agreement, including any extension thereof, the following policies of insurance:
4.1.1. Comprehensive General Liability Insurance. A policy of
comprehensive general liability insurance in an amount not less than One Million Dollars
($1,000,000.00) per occurrence and in an amount not less than Two Million Dollars
($2,000,000.00) in aggregate. Insurance companies shall have an AM Best's Guide Rating of
A-, Class V II or better.
4.1.2. Workers' Compensation Insurance. To the extent required by Labor
Code § 3700, SCFCU shall procure and maintain workers' compensation insurance in the
amount and to the extent required by law.
4.2. Proof of Insurance. Proof of the insurance required under Section 4 shall be
provided to City prior to the execution of this Agreement.
4.3. Primary Insurance. SCFCU's insurance coverage shall be primary with
respect to the City and its respective elected officials, officers, employees, agents, and
volunteers. Any insurance or self-insurance maintained by City and its respective elected
officials, officers, employees, agents, and volunteers shall be in excess of SCFCU's
insurance and shall not contribute with it. For Workers' Compensation and Employers
Liability Insurance only,the insurer shall waive all rights of subrogation and contribution it
may have against City,its elected officials, officers, employees, agents, and volunteers.
4.4. Endorsements. SCFCU shall obtain an Additional Insured Endorsement
designating the City, its officers, officials, employees, agents, and volunteers as additional
insureds for liability arising out of this Agreement. All endorsements shall reference that
SCFCU's insurance shall be primary and non-contributory, as outlined in Section 4.3.
4.5, Deductible. Any deductibles or self-insured retentions must be declared to
772566.1 3
and approved by the City prior to the commencement of this Agreement. Certificates of
Insurance must include evidence of the amount of any deductible or self-insured retention
under the policy. SCFCU guarantees payment of all deductibles and self-insured retentions.
4.6. Amendment of Insurance Policv. SCFCU shall not amend, or allow to be
amended, any insurance policy under this Agreement if such amendment is not consistent
with the minimum insurance requirements contained herein. Such amendment without the
consent of the City shall be considered a material breach of this Agreement and City may
immediately terminate this Agreement upon such occurrence.
4.7. No Cancellation of Insurance Policy. SCFCU shall not cancel, or allow to be
cancelled, any insurance policy required under this Agreement. If said policies of insurance
are cancelled, SCFCU shall,prior to the cancellation date, immediately obtain new insurance
consistent with the requirements of this Agreement and immediately submit evidence of
such insurance to the City.
4.8. Failure to Obtain Valid Insurance During Use of the Facility. If SCFCU is not
minimally insured, as required under Section 4, SCFCU shall be considered in material breach of
this Agreement and City may immediately terminate this Agreement.
4.9. No Limitation. The provisions of this Section 4 shall not be construed as
limiting in any way the extent to which SCFCU may be held responsible for the payment of
damages to any persons or property resulting from SCFCU's activities or the activities of any
person or persons for which SCFCU is otherwise responsible.
5. INDEMNIFICATION AND DEFENSE.
5.1. Indemnification. SCFCU agrees to indemnify the City, its officers, agents and
employees against, and shall hold and save each of them harmless from, any and all actions,
suits, claims, damages to persons or property, including injury or death to any person, losses,
costs, penalties, obligations, errors, omissions or liabilities (herein "Claims") that may be
asserted or claimed by any persons, firm or entity arising out of or related to this Agreement
or SCFCU activities at the Facility, except to the extent that the Claim arises from the sole
negligence or willful misconduct of the City, its officers, agents or employees.
5.2. Defense. SCFCU agrees to defend, with counsel acceptable to City, the City,
its officers, agents and employees against any Claims that may be asserted or claimed by any
persons,firm or entity arising out of or related to this Agreement or SCFCU activities at the
Facility, except to the extent that the Claim arises from the sole negligence or willful
misconduct of the City, its officers, agents oremployees.
5.3. Costs Associated with Indemnification and Defense. SCFCU shall be
responsible for all costs incurred by the City that are associated with the indemnification or
defense of City by SCFCU.
772566.1 4
6. GENERAL PROVISIONS.
6.1. Notice. All notices, demands and requests which may be given or which are
required to be given by any party to this Agreement, and any exercise of aright oftermination
provided by this Agreement, shall be in writing and shall be deemed effective either: (1) on
the date personally delivered to the address below, as evidenced by written receipt therefore,
whether or not actually received by the person to whom addressed; (2) on the third (3rd)
business day after being sent, by certified or registered mail, return receipt requested,
addressed to the intended recipient at the address specified below; (3) on the first (Ist)
business day after being deposited into the custody of a nationally recognized overnight
delivery service(i.e., FedEx Corporation, UPS,or DHL)addressed to such party at the address
specified below; or (4) on the business day sent via facsimile transmission to the facsimile
numbers below, as evidenced by a printed confirmation of the successful electronic
transmission of the message prior to 2:00 p.m. (Pacific Standard Time), or otherwise
delivery shall be considered to be on the following business day; (S) email sent to the
addressees listed below, effective the first business day after delivery of the email. For
purposes of this section,the addresses of the parties for all notices are as follows:
6.1.1. City.
City Manager or City Clerk
City of Palm Springs
3200 E.Tahquitz Canyon Way
Palm Springs,CA 92262
(760) 323-8299
Email (City Manager): David.ready@palmspringsca.gov
Email (City Clerk): Jay.thompson@palmspringsca.gov
6.1.2. SCFCU.
Glen Justice, Senior Vice President of Branch
Administration
Sun Community Federal Credit Union
P.O.Box 4210
El Centro, CA 92244-4210
(760) 336-8609
Email: gjustice@suncommunityfcu.org
Email: cjustice@suncommunityfcu.org
Email: djohnson@suncommunityfcu.org
SCFCU shall be responsible for notifying the City, in writing, of any changes in SCFCU's
address.
6.2. California Law. This Agreement shall be construed and interpreted both as to
validity and to performance of the parties in accordance with the laws of the State of
772566.1 5
California. Legal actions concerning any dispute, claim or matter arising out of or in relation
to this Agreement shall be instituted in the Superior Court of the County of Riverside, State
of California, or any other appropriate court in such county, and SCFCU covenants and
agrees to submit to the personal jurisdiction of such court in the event of such action.
6.3. Waiver. No delay or omission in the exercise of any right or remedy by a
non- defaulting party on any default shall impair such right or remedy or be construed as a
waiver. A party's consent to or approval of any act by the other party requiring the party's
consent or approval shall not be deemed to waive or render unnecessary the other party's
consent to or approval of any subsequent act. Any waiver by either party of any default must be
in writing and shall not be a waiver of any other default concerning the same or any other
provision of this Agreement.
6.4. Rights and Remedies are Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this Agreement, the rights and remedies of
the parties are cumulative and the exercise by either party of one or more of such rights or
remedies shall not preclude the exercise by it, at the same or different times, of any other
rights or remedies for the same default or any other default by the other party.
6.5. Legal Action. In addition to any other rights or remedies, either party may take
legal action, in law or in equity,to cure, correct or remedy any default, to recover damages for
any default, to compel specific performance of this Agreement, to obtain declaratory or
injunctive relief, or to obtain any other remedy consistent with the purposes of this
Agreement.
6.6. Attorney's Fees. If either party to this Agreement is required to initiate or
defend or made a party to any action or proceeding in any way connected with this Agreement,
the prevailing party in such action or proceeding, in addition to any other relief that may be
granted, whether legal or equitable, shall be entitled to reasonable attorneys' fees. Attorneys'
fees shall include attorneys' fees on any appeal, and, in addition, a party entitled to attorneys'
fees shall be entitled to all other reasonable costs for investigating such action, taking
depositions and discovery, and all other necessary costs the court allows that are incurred in
such litigation. All such fees shall be deemed to have accrued on commencement of such action
and shall be enforceable whether or not such action is prosecuted to judgment.
6.7. Non-Liability of City Officers and Employees. No officer or employee of the
City shall be personally liable to SCFCU, or any successor-in-interest, in the event of any
default or breach by the City or for any amount that may become due to SCFCU or to its
successor,or for breach of any obligation of the terms of this Agreement.
6.8. Conflict of Interest. No officer or employee of the City shall have any
financial interest, direct or indirect, in this Agreement nor shall any such officer or employee
participate in any decision relating to the Agreement that affects his financial interest or the
financial interest of any corporation, partnership or association in which he is directly or
indirectly interested,in violation of any state statute or regulation. SCFCU warrants that it has
not paid or given and shall not pay or give any third party any money or other consideration
for obtaining this Agreement. Notwithstanding the foregoing, any and all officer and
772566.1 6
employees of the City shall be offered membership in SCFCU on the same terms and
conditions available to all other eligible members.
6.9. Covenant Against Discrimination. SCFCU covenants that, by and for itself, its
heirs, executors, assigns and all persons claiming under or through it, that, to the extent
permitted by law, there shall be no discrimination against or segregation of any person or
group of persons on account of race, color, creed, religion, gender, marital status, sexual
preference,domestic partnership status, national origin or ancestry in the performance of this
Agreement.
6.10. Comoliance with Governing Law. SCFCU shall comply with all applicable
laws, codes, ordinances and regulations of the federal, state,and local government.
6.11. Interpretation. The terms of this Agreement shall be construed in accordance
with the meaning ofthe language used and shall not be construed for or against either party by
reason of the authorship of this Agreement or any other rule of construction that might
otherwise apply.
6.12. Modification. This Agreement may be amended at any time by the mutual
consent of the parties by an instrument in writing.
6.13. Severability. In the event that any one or more of the phrases, sentences,
clauses, paragraphs or sections contained in this Agreement shall be declared invalid or
unenforceable by a valid judgment or decree of a court of competent jurisdiction, such
invalidity or unenforceability shall not affect any of the remaining phrases, sentences,
clauses, paragraphs or sections of this Agreement hereby declared as severable and shall be
interpreted to carry out the intent of the parties hereunder unless the invalid provision is so
material that this invalidity deprives either party of the basic benefit of their bargain or
renders this Agreement meaningless.
6.14. Successors. The terms and conditions contained herein shall be binding on and
inure to the parties to this Agreement, their administrators, representatives, successors and
assigns,except as otherwise provided in this Agreement.
6.15. Assignment. SCFCU may not assign or transfer its interest under this
Agreement without City's prior written consent, which consent may be withheld,
conditioned or delayed in City's sole and absolute discretion. Any attempted assignment,
sublet or transfer made in violation of this provision shall be void.
6.16. Venue. Any action at law or in equity brought by either party to this
Agreement regarding the subject matter of this Agreement shall be filed in the Superior
Court of the State of California for the County of Riverside, Indio Branch.
6.17. Headings. The headings used in this Agreement are employed solely for
convenience of the parties and are not to be used as an aid in interpretation.
6.18. Relationship. Nothing contained in this Lease shall be construed as creating
772566.1 7
the relationship of principal and agent or of partnership or joint venture between City and
SCFCU.
6.19. Authority to Enter into Agreement. The persons executing this Agreement on
behalf of SCFCU warrants that they are duly authorized to execute and deliver this Agreement
on behalf of said party, and by so executing this Agreement, such party is formally bound to
the provisions of this Agreement.
6.20. Counterparts and Facsimiles. This Agreement may be executed in any
number of counterparts, each of which shall be deemed an original and all of which shall
constitute one and the same instrument. Any facsimile of the original shall be treated as an
original. The party submitting any facsimile must submit a copy of the original to the other
Party within areasonable time afterthe transmission of the facsimile.
6.21. Entire Agreement. This Agreement constitutes the entire Agreement between
City and SCFCU. There are no oral agreements between the parties hereto affecting this
Agreement. This Agreement supersedes and cancels any and all previous negotiations,
arrangements, agreements and understandings, if any, between the parties, and none shall be
used to interpret this Agreement.
[SIGNATURES TO FOLLOW]
772566.1 8
IN WITNESS THEREOF, these parties have executed this Agreement on the day and year shown
below.
CITY OF PALM SP S bb
Date: M/
iyDavid H. Ready, City Manager
1` �_�. APPROVED 8Y CITY COUNCIL
ATTESTED: n-lb-6 aEA WWI
Date:
mes Thompson, City Clerk
APPR VED AS TO FORM:, J, Date: 00A.\6
Douglas C. Holland, City ttorney
SUN COMMUNITY FEDERAL CREDIT UNION
c � Date: /L
Glen Justic
Senior Vice resident of Branch Administration
If Sun Credit Union is a corporation, a Corporate Resolution and/or Corporate Seal is required.
If a partnership, Statement of Partnership must be submitted to City.
772566.1 9
EXHIBIT "A"
(RULES AND REGULATIONS)
l. SCFCU is responsible for maintaining the security of attendees and parked vehicles at the
Facility through its own efforts, within the scope of SCFCU's use of the Facility or any
portion thereof.
2. All of SCFCU's refuse and rubbish shall be removed on a regular basis and discarded
in a trash bin designated for SCFCU use by the City. SCFCU shall not place any
rubbish or other matter outside any building within the Facility, except in such
containers as are authorized by the City.
3. No radio or television or other similar device audible outside the facility shall be
installed without obtaining in each instance the written consent of the City. No aerial
shall be erected on the roof, exterior walls or grounds of the Facility without first
obtaining in each instance the written consent of the City which consent shall not be
unreasonably withheld or delayed. Any aerial so installed without such written
consent shall be subject to removal without notice at anytime.
4. No loudspeakers, televisions, phonographs, radios or other devices shall be used in a
manner so as to be heard or seen outside of the Facility without complying with the
provisions ofthe City's Noise Ordinance.
5. No sirens, outside paging or any type of signalization will be permitted, except
approved alarm systems.
6. SCFCU will not allow animals,except seeing-eye/service dogs, in, about or upon the
Facility.
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EXHIBIT"C
(SCHEDULE)
SCFCU will be open tothe public Mondaythrough Friday 9:00 am to 5:00pm except on
Federally recognized holidays.
772566-1