HomeMy WebLinkAbout12/16/2015 - STAFF REPORTS - 2.G. a0�VPIM Sp.
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C441FORN`p CITY COUNCIL STAFF REPORT
DATE: DECEMBER 16, 2015 CONSENT CALENDAR
SUBJECT: APPROVE FACILITY USE AGREEMENT WITH SUN COMMUNITY
FEDERAL CREDIT UNION FOR OFFICE SPACE AT THE CITY
CORPORATION YARD AT 425 NORTH CIVIC DRIVE
FROM: David H. Ready, City Manager
BY: Department of Community and Economic Development
SUMMARY
The City Council will consider approval of a Facility Use Agreement with Sun
Community Federal Credit Union for lease of office space at the City Corporation Yard
at 425 North Civic Drive for a period of One (1) year with an option to renew for two
additional one-year terms and authorize the City Manager or his designee to execute
the agreement.
RECOMMENDATION:
1. Approve a Facility Use Agreement in a form acceptable to the City Attorney with
Sun Community Federal Credit Union, ("SCFCU"), for lease of office space at the
City Corporation Yard at 425 North Civic Drive.
2. Authorize the City Manager or his designee to execute the agreement.
STAFF ANALYSIS:
The Palm Springs City Employees' Federal Credit Union, "Credit Union" has served City
employees and members of their immediate family financial services since November
1957. The Credit Union initially operated in City Hall but eventually needed more office
space and relocated to office space located within the Shop Building of the City
Corporation Yard "Facility" at 425 North Civic Drive, in November 1979. The Credit
Union merged with Sun Community Federal Credit Union, ("SCFCU") effective
September 1, 2015 and took on the Sun Community Federal Credit Union name.
The SCFCU merger expanded financial services available to City employees and
immediate family members and also expanded the eligibility for membership to include
any resident of Palm Springs and all Imperial and Riverside County residents.
The long term objective of SCFCU is to relocate to a larger space within a five-mile
ITEM NO.
City Council Staff Report
December 16, 2015 —Page 2
Sun Community Federal Credit Union Lease
radius of the current location to better serve the expanded membership. In the
meantime, a Facility Use Agreement with SCFCU is proposed with essentially the same
terms and conditions that are currently in place with the Palm Springs City Employees
Federal Credit Union. The agreement has a term of one-year with an option to renew
for two additional one-year terms and a monthly rental rate of $250.00. SCFCU
originally proposed a monthly rental rate of $1.00 but the monthly rate of $250.00 was
negotiated based upon the estimated market rental value of the City Yard property in an
appraisal report dated March 5, 2015. SCFCU will also install an ATM inside City Hall
for the convenience of City employees and to better serve the public membership.
This action is to approve the Facility Use Agreement in a form acceptable to the City
Attorney and to authorize the City Manager or his designee to execute all of the
necessary documents.
FISCAL IMPACT:
Monthly Revenue of$250.00 to the General Fund.
c� _ � - �-
Diana R. Shay, Rddevelopment Coordinator Lauri Alyaian, Director of Community and
Economic Development
David H. Ready, City Ma
Attachments:
1. City Council staff report Minute Order No. 2738 dated November 21, 1979
2. Palm Springs Federal Credit Union letter dated August 25, 2015 to City of
Palm Springs
3. Sun Community Federal Credit Union letter dated September 15, 2015 to City
of Palm Springs
4. Facility Use Agreement
02
DATE : November 21 , 1979
TO: City Council
FROM; Assistant City Manager
OrFICE SPACE FOR PALES SPRINGS CITY CMPLOYEEE rEOL;RAL
CREDIT UNION
REC0WUb VI DATION ;
That use of office space at the City ' s f'r;rporation Yar(1
be granted to the Palm Spring, Ci.tl t;trnl.oq r s 1'oderal
Credit Union at no charge , subject to conditions .
BACKGROUND:
The Palm Springs City Fmp.loyecs Federal Crclit Union is
a fede�411y chartered non-pro(:it incorpor ,trd Credit
Union sponsored by and :;erving the cmplopc,ns of the Cii y
Of Palm Springs and members of their ir•,mcliate 7milics.
(Although City Council members are cli. tibie to be members,
none have ust:d this service in the past) . '•h^ C edit
Union has to comply with app.licnble federai and Tate reg-
ulations , as well as it own by-laws.
The Credit Union has operated in Cit}_ hall ancc No•:'cmbu-,
1957 , when it .aas chartered , first .aitl; une p:,rr- time
employee r.nci recently , employed a SUCancl Pzit-tithe em-•
ployce. As its number of acc ants Iris (iiy.Jn , it aevrinpul
;r need for office space , se, .r-aLe Iron t!;•l cl,.cl, of ,7evtno
Uehrle, its ..rc.,surei , lccated in the Fir,i;,ce Di partnwnt.
A searc- for such orrice - +rted ::ver a t-car ar;o.
Nc space is available :in City 1...11 . Recently, ct:e Commun-
ity Services Lepa'• ' n:•. nt oflc• , rd .in .;ban 4 n• -I ni f' c-r ; L
once Used in the :.:wE Buildinn at the ('aiporati.on 1'ar.d .
The Credi•. Ui:ic'n is rr cable t . r. furi,.i Al .in-] mai.r,tain
the off lc-, Spacc, c, (a '.'.!) r•;i:Cail ? t; ORrI ph,'41!?:. Iypic:l1i•
with small crr;iit uri ( ahc�:, iu3 si::r a this colt, '.he
eo,pl':; _r gencr.al.ly ,a= .-)rfJc ;pacc ,: ,ilabin to ther+. at
nc char.lc. _:tar- r.:c mu:er.as Lha. the ,- . _ to the
Corporation Yard qr- r,teti . '.he Credit Lin:_ln :,•t: no
charge, subject ,l'-lie
i. The �_,.di _ h:_ will ref:::oi.,h Br.,J n:arnr,, '-he okficc
span at no cci>;t ,.c r,ne •_.. _,
2. The Credit Unir, . _y ins'_ a _ _ ,d ;>rr: , ;;r its o..,n ceic-
phone . .
3 . Credit Union ,fo_ .e .',,e _ _ Ic ; , rq.7+ din<
entry of I,,.. .r7cc r_ O _ ':I , r.i t i n ._ r•
of =tie COr."Cr , :)t, _a. : , i,, :.•d:,lrIrrt ic . etcrur:,
part. Jr iv,tzC „ _c :.c _n {,' • ubizc ;rki :,r oc �_,r ,:•;
of the shop
4. Credit Unirii, rya O?r-i ! i n Offic
daytim_- F i-s, an,. m .;t c__:" �Ipplc•,al r.r t::e
City :'ar,agc< : ,,r e1v,r:r;rcM •r• ' u F.J a:, i h-Dliu.'y hnuc :
03
Office Space for Palm Springs City Lmpinyees 1'ederol
CrediL Union
Pace -2-
November 21, 1979
5. Credit Union shall hold harmless and defend We
City of Palm Springs on account of losses or damages
suffered by it or its members due to occurances
arising out of or as a result of Qe use of the sub-
ject office.
G. City agrees to pay the cost of utilities for said
office space.
7 . The City reserves the right to reolairn. said office
space and the Credit Union shall receive reasonable
notice from the City to vacate said office in case
Of its need for City use, and Lhe KiLy is to assist
in locating another office space in case of such
notice Lo vacate, but at no cost t-i thr ('it,., beyond
the Li.mc Lo search for available sl:a�:e within its
own buildings.
B. Improvements made by the Credit Union to said office;
space shall Vccome the property of Lhe City of Palm
Springs and shall not be removrd or replaced without
prior consent of the City Manager .
The Credit Union is in agreement with +she above conditions .
Attached is a proposed Minute order ;approving the granting
of office space Lo the CrediL Union.
DALLAS J. FLICT X - 7 '1�I:C};S; F',- 's IdcIent:
Assistant City Manager 31alm Springs Cmployees
Federal Credit Union
DONALD A. BLUBAUGH
City Manager
f
ATTACHMENTS:
1. Minute Order
i
04
1
MINUTE ORDER NO. 2738
GRANTING OFFICE SPACE LOCATED IN THE
SHOP BUILDING AT THE CITY CORPORATION
YARD, 425 NORTH CIVIC DRIVE, PALM
SPRINGS, CALIFORNIA, TO THE PALM SPRINGS
CITY EMPLOYEES FEDERAL CREDIT UNION AT
NO CHARGE, SUBJECT TO CONDITIONS.
I HEREBY CERTIFY that this Minute Order, granting use of office
space located in the Shop Building at the City Corporation Yard,
425 North Civic Drive, Palm Springs, California, at no charge,
subject to conditions expressed in the November 21 , 1979 report of
the Assistant City Manager to the City Council , was adopted
by the City Council of the City of Palm Springs, California,
in a meeting thereof held on the 21st day of November, 1979.
DONALD A. BLUBAUGH
City Cler�
BY: JUOITH SUMICH
Deputy City Clerk
I
05
Palm Springs
Federal Credit Union 425 N Civic Dr
Palm Springs, CA 92262
(760) 327-7474
August 25, 2015
City of Palm Springs
3200 E Iahquitz Canyon Way
Palm Springs. CA 92262
Attn: Marcus Fuller
Re: Palm Springs Federal Credit Union Lease
Dear Mr. Fuller,
I appreciate your time this morning regarding our discussions about the merger and the credit
union lease agreement. The Palm Springs Federal Credit Union will merger effective
August 31. 2015 ),%ith Sun Community Federal Credit Union we wish to continue to occupy
the existing space the credit union is currently in. We are in the process of looking for a
larger facility within j miles of our current location. It maV be necessary for us to build a
location for our new Palm Springs office.
The credit union is looking to stay in the current location until the new location is built this
may take several months or Possibly a year. Please contact me if you have arty further
questions. I have asked Mr. Dale .Johnson from Sun Community to reach out to you as well.
Sincerely.
Debbie Pitigliano
CEO
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SUN COMMUNITY
FEDERAL CREDIT UNION
September 15, 2015
Mr. Marcus Fuller
Assistant City Manager/City Engineer
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Re: Office Space for Sun Community Federal Credit Union
Dear Mr. Fuller:
Sun Community Federal Credit Union is requesting use of office space at the City's Corporation
Yard, located at 425 North Civic Drive in Palm Springs, at a monthly rate of $1.00, based on
installation of an ATM inside City Hall.
We wish to continue the lease, with the same terms and conditions, currently in place with Palm
Springs Federal Credit Union, as of close of business on August 31, 2015.
The merger between Sun Community Federal Credit Union and Palm Springs Federal Credit
Union was effective at close of business on August 31, 2015.
Sincerely,
Sun CommunityFederal Credit Union
Glen J�
VP of Corporate Services
760-337-4200•FAX 760-336-8775•P.O.Box 4210•El Centro,CA•92244-4210•wwwsuncommunityki. org 07
FACILITY USE AGREEMENT
(SUN COMMUNITY FEDERAL CREDIT UNION)
This Facility Use Agreement ("Agreement") is made and entered into this day of
, 2015, 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 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 most recently 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 tenns and
conditions stated herein, except for any 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 any time, 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.
772566.1
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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 use the Facility in accordance 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 Use. 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. In addition, SCFCU will install and maintain one additional ATM inside City Hall for
public use. SCFCU agrees ATM shall remain at the City Hall location for a term of five (5)years
from the September 1, 2015 merger date. SCFCU shall not remove the ATM prior to August 31,
2020 unless requested to do so by the City.
2.5. Mailbox. SCFCU has its own mailbox for incoming mail in front of the
building for their exclusive use. For the convenience of City employees,City shall provide a
mail slot inside the mail room at City Hall for interoffice mail to be delivered to SCFCU at 425
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 to all 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 09
772566.1 2
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
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 1.1: 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 VII 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 Employer's
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. 10
n2;661 3
4.5. Deductible. Any deductibles or self-insured retentions must be declared to
and approved by the City prior to the commencement of this Agreement. At the option of the
City,either (I)the insurer shall reduce or eliminate such deductibles or self-insured retentions
with respectto the City, its elected officials, officers, employees, agents,and volunteers; or
SCFCU shall procure a bond guaranteeing payment of losses and related investigations, claim
administration, and defense expenses. Certificates of Insurance must include evidence of the
amount of any deductible or self-insured retention under the policy. SCFCU guarantees
payment ofalldeductibles and self-insured retentions.
4.6. Amendment of Insurance Policy. 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 Policv. 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.
11
772566.1 4
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.
6. GENERAL PROVISIONS.
6.1. Notice. All notices, demands and requests which maybe given or which are
required to be given by any party to this Agreement, and any exercise of a right of termination
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 (1st)
business day after being deposited into the custody of a nationally recognized overnight
delivery service(i.e., FedEx Corporation,UPS,orDHL)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; (5) 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 areas 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, Vice-President of Corporate Services
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. 12
77'566.1 5
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
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 parry's consent to or approval of any act by the other party requiring the parry's
consent or approval shall not be deemed to waive or render unnecessary the other parry'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 13
772566.1 6
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
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, Compliance 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 of the 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 ortransfer 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. Headinas. The headings used in this Agreement are employed solely for 14
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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
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 parry, 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 after the 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]
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IN WITNESS THEREOF,these parties have executed this Agreement on the day and year shown
below.
CITY OF PALM SPRINGS
Date:
David H. Ready, City Manager
ATTESTED:
Date:
James Thompson, City Clerk
APPROVED AS TO FORM:
Date:
Douglas C. Holland, City Attorney
SUN COMMUNITY FEDERAL CREDIT UNION
Date:
Glen Justice
Vice-President of Corporate Services
If Sun Credit Union is a corporation, a Corporate Resolution andlor Corporate Seal is required.
If a partnership, Statement of Partnership must be submitted to City.
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77256 .) 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 of the 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 to the public Monday through Friday 9:00 am to 5:00pm except on
Federally recognized holidays.
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