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HomeMy WebLinkAbout06019 - FAMILY YMCA OF THE DESERT LEASE OF OFFICE SPACE AT 3601 E MESQUITE AVE DOCUMENT TRACKING Page:1 Report: One Document Detail May 21,2012 Condition: Document Numbera6019, Document# Description Approval Date Expiration Date Closed Date A6019 Facility Use at 3601 E Mesquite ($100 per month=$1200.00) Company Name: Family YMCA of the Desert Address; Mr.Rob Ballew,Executive Director, 43-930 San Pablo Avenue, Palm Desert,CA 92260 Contact: Mr.Ballew Group: COMMUNITY&ECONOMIC Contract Amt. Total Paid Balance Service; In File $1,200.00 $1,200.00 xRef: Diana Shay(760)323-8260 Ins.Status: A policy has Expired Document Tracking Items: Due Completed Tracking Amount Amount Code Item Description Date Data Date Added Paid kdh to CM for sig 09120/2010 kdh under$25k (rental income) 0911312010 $1,200.00 ******ENDOFREPORT****** '4 5 -23 -l2 AGREEMENT TO USE FACILITIES This Agreement to Use Facilities("Agreement")is made and entered into this day of , 201 , by and between the Family YMCA of the Desert ftreference to thaYMCA„ t certain facility located at 3601 East Mesquite Avenue in Palm Springs, California ("Facility"). The parties enter into this Agreement on the basis of the following facts and intentions: RECITALS WHEREAS,the City and YMCA are mutually interested in providing needed amenities and community services to all residents of Palm-Springs, and WHEREAS, it is recognized, through this agreement, that YMCA will be afforded the opportunity, on the same basis as other lawful users, to lease office space at the Facility. NOW, THEREFORE, the City and YMCA do hereby mutually agree as follows: 1. INTENT OF AGREEMENT 1.1 It is the intent of this agreement-to describe the responsibilities of the City and YMCA.with reference to YMCA's lease of office space at the Facility. 2. AREAS OF RESPONSIBILITY 2.1 Facility Use and Scheduling 2.1.1 The City shall make available to YMCA full access to upstairs office space to be partitioned for their use. 2.1.2 YMCA staff may use the kitchentfood service preparation area located on the first floor of the Facility. Users are required to clean up after themselves. .2.2 Security and Access YMCA staff will have-access to upstairs office space during normal operating hours at the facility. Current scheduled hours are 8:00 a-m.to 8:00 p.m Monday through Friday and 9:00 a.m. to 1:00 p.m. on Saturday with the exception of statutory " holidays. 2.3 Fees and Charges for Facility Use YMCA agrees to pay the City $100.00 on or before the first of every month to continue using the Facility. An-additional late charge of$35 shall be due on all late payments. ^1 2.4 Personal Property. Reserved 2.5 Mailbox YMCA has a designated mail slotrnbox at the front reception counter area of the Facility. 2.6 Utilities YMCA is responsible for establishing telephone lines,in separate accounts from the City, and is responsible for payment of monthly accounts related to these.services 3. INSURANCE AND INDEMNIFICATION 3.1 YMCA 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: (a) Coml2rehensive General Li bli Insuran . A policy of comprehensive general liability insurance written on a per-occurrence basis. A combined single limit of$1,000,000.00.. (b) Workers' Compensation Insurance. To the extent required by Labor Code § 3700, YMCA shall procure- and maintain workers' compensation insurance. All of the above policies of insurance shall be primary insurance and shall name the City, its officers, employees and agents as additional insureds. The insurer shall waive all rights of subrogation and contribution it may have against City, its officers,employees and agents and their respective insurers. Ali of said policies of insurance shall provide that said insurance may not be amended or canceled without providing thirty(30)days' prior written notice by registered mail to the City. In the event any of said policies of insurance are canceled, YMCA shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 3.1 to the Contract Officer. YMCA agrees that the provisions of this Section 3.1 shall not be construed. as limiting in anyway the extent to which YMCA may be held responsible for the payment of damages to any persons or property resulting from YMCA's activities or the activities of any person or persons for which YMCA is otherwise responsible. 3.2 Indemnification YMCA agrees to indemnify and defend the City, its officers, agents and employees against and shall hold and save them and each of them harmless from any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, error;, omissions or liabilities (herein "Claims or liabilities")that may be asserted or claimed by any persons,firm or entity arising out of or in connection with the activities at the Facility of YMCA, its agents, employees or invitees,or arising from the negligent acts or omissions of YMCA, or arising from YMCA's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, but excluding such claims or liabilities arising from the sole negligence or willful misconduct of the City, its officers,agents or employees, Who are directly responsible to the City, and in connection therewith. 3 i 4. -WAIVER.OF UTILITY FAILURE 4.1 YMCA 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 of the facility for YMCA functions. 5.. ENFORCEMENT OF AGREEMENT 5.1 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 Califomia. 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 YMCA covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 5.2 Disputes In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor.'The injured party shall continue performing its obligations hereunder so long as the injuring parry commences to cure such default within ten (1 a) days of service of such notice and completes the cure of such default within forty-five (45)days after service of the notice, or such longer period as may be permitted by the injured party; provided that if the default is an immediate danger to the health, safety and general welfare,such immediate action may be necessary. Compliance with the provisions of the section shall be a condition precedent to termination of this Agreement for cause and to any legal action,and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's or YMCA's right to terminate this Agreement without cause pursuant to Section 5.8. 5.3 [Reserved] 5.4 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 4 and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 5.5 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. 6.6 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. 5.7 Termination Prior to Expiration of Term This section shall govern any termination of this Agreement except as specifically provided in the following section for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to YMCA, -except that where termination is due to the fault of YMCA, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, YMCA reserves the right to terminate this Agreement at any time,with or without cause, upon thirty(30)days'written notice to City,except that where termination is due to the fault of City, the period of notice may be such shorter time as YMCA may determine. 5.8 Attorneys' 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. 5 i 6. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 6A Non-Liability of City Officers and Employees No officer or employee of the City shall be personally liable to YMCA,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 YMCA or to its successor,or for breach of any obligation of the terms of this Agreement. 6.2 Non-Liability of YMCA Officers and Employees- No officer or employee of YMCA shall be personally liable to the City,or any successor In Interest, in the event of any default or breach by YMCA or for any amount that may pecome due to City or to its successor,orfor breach of any obligation of the terms of this Agreement. 6.3 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. YMCA 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. 6.4 Covenant Against Discrimination YMCA 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. 7. ISCELLA EOUS PROVISIONS 7.1 Notice Any notice, demand, request, document, consent, approval or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer, CITY OF PALM SPRINGS, P. O. Box 2743, Palm Springs, California 92263-2743, and, in the case of YMCA,to the person at the address designated in Section 8.1. Either party may change its address by notifying the other party of the change of address in writing. 6 Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this section. 7.2 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. 7.3 Integration; Amendment It is understood that there are no oral agreements between the parties hereto affecting this Agreement and 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. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 7.4 5everability 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. 7.5 Corporate Authority The persons executing this Agreement on behalf of the parties hereto warrant that (1) such party is duly organized and existing, (11) they are duly authorized to execute and deliver this Agreement on behalf of said party,(III) by so executing this Agreement, such party is formally bound to the ...... ....... .. provisions of this Agreement,and(iv)the entering into this Agreement does not violate any provision of any other agreement to which said party is bound. 7 8. C ORDINATION 8.1 Representative of YMCA YMCA's representative to coordinate with the City regarding operational matters is: Rob Ballew Family YMCA of the Desert Insert address Palm Desert, CA 922 Telephone: 760-341-9622 8.2 City Representative The Cit)(s shall assign a representative to coordinate with YMCA regarding operational matters. 9. TERM 9.1 finless earlier terminated in accordance with Section 5.7 of this Agreement, this Agreement shall continue in full force and effect on a month to month basis. [Signatures on the Following Page] 8 IN WITNESS WHEREOF,the parties have executed and entered into this Agreement as of the date first written above. ATTEST: CITY OF PALM SPRINGS, a municipal corporation ity Clerk C�t1Zq/Zo14D David H. Ready City Manager KO <, rfi�i� FAM1 C OF E D By: c6L Rob Ballew, Executive Director ��ty �tYGs�9rV_ APPROVED BY CITY MANPiGER 00 9 EXHIBIT`°A" 'RULES AND REGULATIONS 1. As between the City and the Tenant, the Tenant is responsible for maintaining the security of attendees and parked vehicles at the Facility through its own efforts, within the scope of the Tenant's exclusive use of the Facility or any portion thereof. 2. All of Tenants refuse and rubbish shall be removed on a regular basis at Tenant's sole cost and expense. Tenant shall not place any rubbish or other matter outside any building within the Facility, except in such containers as are authorized from time to time 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 aof, 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 any time. 4. No loudspeakers,televi�iions, 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. Tenant will not allow animals, except seeing-eye dogs, in, about or upon the Premises.