HomeMy WebLinkAbout10/7/2015 - STAFF REPORTS - 5.G.a&LM
CITY COUNCIL STAFF REPORT
DATE: October 7, 2015 NEW BUSINESS
SUBJECT: APPROVAL OF TEMPORARY OFFICE SPACE AT MIZELL SENIOR
CENTER PURSUANT TO THE TERMS OF THE 1988 LEASE
AGREEMENT.
FROM: David H. Ready, City Manager
BY: Department of Planning Services
SUMMARY
The Mizell Senior Center is seeking approval to locate a 10' x 24' temporary office trailer
adjacent to the senior center building to provide additional administrative space for the
facility. Per the 1988 agreement between the City of Palm Springs and the senior
center, any additions or alterations to the property require approval from the City
Council.
RECOMMENDATION
1. Approve the request to locate a temporary 10' x 24' temporary office trailer on the
senior center property through June 2017.
2. Direct staff to issue a Land Use Permit for the temporary office trailer, subject to
conditions.
ANALYSIS
The Mizell Senior Center has secured a grant to provide a Fall Prevention Program for
seniors, which will require additional staff persons to administer the program. The
program is funded through June 2017, after which time the administration of the
program is intended to be transferred to other agencies in the valley.
Due to the limited office space at the Mizell Center, a separate trailer facility is needed
to house the staff of the program. The proposed trailer will be approximately 10' x 24' in
size, and is intended to be located on an existing patio slab at the northeast corner of
the senior center building. The proposed location will be generally screened from view
of the adjacent public rights -of -way by the existing building and vegetation, while still
11-EM NO. 6 1
City Council Staff Report
Mizell Senior Center — Temporary Office Space
October 7, 2015 — Page 2 of 2
being accessible to services within the principal building.
The subject property is zoned O (Open Space), and the Palm Springs Zoning Code
(PSZC) allows government and community facilities in the district as a permitted use.
As the proposed trailer will be a temporary use, a Land Use Permit will be required, as
is consistent with the requirements for temporary sales trailers and other similar
temporary uses. The Land Use Permit will be conditioned to require the removal of the
trailer by June 2017, and will address aesthetic concerns and operational functions.
The applicant will also need to secure building permits for the temporary trailer, at which
time issues of accessibility, utility connections and structural stability will be addressed.
The City originally entered into a lease agreement with the Mizell Senior Center in
October 1988, and the term of the lease extends through October 2028. The
agreement states that the "Lessee shall not alter the premises or make any
improvements without the written consent of the Lessor." In addition, the agreement
states that "Any expansion or increased square footage must also be approved by the
City Council...". Per the terms of the agreement, the request for the addition of
temporary office space requires the approval of City Council prior to the issuance of any
permits.
CONCLUSION
Additional office space is required at the Mizell Senior Center to house the proposed
Fall Prevention Program as no space is currently available. Due to the limited term of
the grant funding and the intent to transfer the program to other Coachella Valley
facilities in the future, a temporary trailer will serve the immediate needs of the program.
Through the Land Use Permit process, the City can condition the permit so that the
trailer is required to be removed in June 2017 at the end of the funding period. In
addition, the Land Use Permit may be conditioned so as to address any aesthetic
concerns relative to appearance or screening from public rights -of -way.
T:T—� <:::,,- e--
Flinn Fagg, AICP Il
Director of Planning Services
David H. Ready, Esq.
City Manager
Marcus L. Fuller, MPA, PE, PLS
Assistant City Manager/City Engineer
02
Location Map
03
CITY OF PALM SPRINGS
Department of Planning Services
3200 East Tahquitz Canyon Way, Palm Springs, CA 92262
Phone: 760-323-8245 - Fax: 760-322-8360
N(I F�
LAND USE PERMIT #________
Applicant: Mailing Address: Phone: 76032a-sse9
Suzanne Spencer 480 S. Sunrise Way, Palm Springs, CA 92262
Fax: 760-320-9373
p E-Mail: suzannes(@mizell.oro
Business Name: Site Address:
Mizell Senior Center 480 S. Sunrise Way, Palm Springs, CA 92262
APN: I Zone/GP: I Section, Township, Range:
PROCEDURE: An application for a Land Use Permit shall be submitted to the Department of
Planning Services, and shall be accompanied by the following:
A Processing Fee of $696.00.
For a Minor Land Use Permit and Transfer of Land Use Permit the Fee is S122.00.
2. A floor plan and/or site plan displaying the layout of the proposal. Outdoor seating that
encroaches into the public right-of-way will require an encroachment agreement or license,
subject to the approval of the Director of Planning Services.
3. Such other information as the Director of Planning Services may require, including, but not
limited to adjacent uses, photographs, building elevations, landscape plans, design studies,
furniture information, etc.
STATEMENT OF ACTIVITY: Applicant shall submit a statement of the use, expected size, volume,
hours, and length of operations; information relating to sanitation, noise, air pollution, vehicle
parking, traffic circulation, and any other information of the proposed project.
This trailer will house the Fall Prevention Program staff (1-Director, 1-Assistant, Trainers
and Coaches.) We need the trailer ASAP and it remain on the premises through June
2017. General office hours - MON-FRI, 8a-5p. No toilet or running water is necessary.
We will require electrical for lighting, computers, printers and phones.
CONDITIONS: (see attached)
TRANSFER: Transfer of Land Use Permit to another applicant is subject to review and approval by
the Director of Planning Services.
REVOCATION: The Director of Planning Services may revoke any Land Use Permit that does not
meet or comply with conditions and requirements of this permit
Appli s i natur Date
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LAND USE PERMIT #
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SITE PLAN
Please include locations of tables & chairs, fencing, on -site parking, proximity parking, sign
location, and all other applicable structures (temporary or permanent).
BUSINESS NAME: Mizell Senior Center
SITE LOCATION: 480 S. Sunrise Way
Palm Springs, CA 92262
TELEPHONE: 760-323-5689 FAX: 760-320-9373
E-MAIL: suzannes@mlzell.org
R / PLAN 100 Templates Applications and Forms! Application Forms for Public use! 2014 Applications for Web- Fillable
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First Amend - P.S. Senior
Center Lease - Extend Term
from 20-40 yrs - Ending 202
AGREEMENT #2621
M04982, 4-1-92
FIRST AMENDMENT TO PALM SPRINGS SENIOR CENTEK-LKAbjt� -
THIS FIRST AMENDMENT TO PALMS§ SPRINGS SENIOR CENTER LEASE
("Amendment") is made this / a, -" "day of ��y /� , 1992 by and between THE CITY OF
PALM SPRINGS, a municipal corporation ("I/'ssor") and the MIZELL SENIOR CENTER OF
PALM SPRINGS aka THE PALM SPRINGS SENIOR CENTER, a nonprofit public benefit
corporation ("Lessee").
RECITALS
A. On October 6, 1988, the parties hereto entered into that certain Palm Springs
Senior Center Lease ("Lease").
B. The parties desire to amend the terms of the Lease, including extending the term
of the Lease, as more particularly set forth herein.
NOW, THEREFORE, the parties hereto agree as follows:
1. Term. Section 2 of the Lease is hereby deleted in its entirety and replaced with
the following:
"The term of this Lease shall be for a period of forty (40) years commencing on
October 13, 1988 and terminating on October 12, 2028."
2. Use of Premises. The second sentence of Section 3 of the Lease commencing
with "The Palm Springs Senior Center..." shall be deleted in its entirety.
3. Cancellation. The following should be added as Section 16.1) of the Lease:
"The making by Lessee of a general assignment for the benefit of creditors, the
filing by Lessee of a voluntary petition in bankruptcy or the adjudication of
Lessee as a bankrupt, the appointment of a receiver to take possession of all or
substantially all the assets of Lessee located at the Demised Premises or of
Lessee's leasehold interest in the Demised Premises, or the filing by any creditor
of Lessee of an involuntary petition in bankruptcy which is not dismissed within
sixty (60) days after filing."
4. Assignment. Rental and Subleasing. The paragraph entitled Assignment. Rental
and Subleasing of Section 21 of the Lease is deleted in its entirety and replaced with the
following:
"Lessee shall not assign, sublease, hypothecate, mortgage or rent the Premises
without the prior written consent of Lessor, which consent shall not be
unreasonably withheld; provided that, however Lessee may rent rooms and other
space upon the Premises. Any such attempted assignment, sublease, mortgage
or hypothecation without the consent of Lessor shall be void."
"Any such assignment or subletting shall be subject to all terms and conditions 09
of this Lease and the proposed assignee or subtenant shall assume the obligations
of Lessee under this Lease in writing in a form satisfactory to Lessor. Any
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of rent to the fair market rental value."
Condemnation. The following shall be added to the terms of the Lease:
"In the event a condemnation or transfer in lieu thereof results in a taking of any
portion of the Premises, Lessor may, upon written notice to Lessee within thirty
(30) days after such taking or transfer in lieu thereof, terminate this Lease.
Regardless of whether the condemning authority is Lessor or another
governmental agency, Lessee shall not be entitled to share in any portion of the
award and Lessee hereby expressly waives any right or claim to any part thereof,
except Lessee shall have the right to claim and recover, only from the
condemning authority, the amount of the award equal to a sum attributable to the
value of Lessee's improvements or alterations made to the Premises by Lessee in
accordance with the terms of this Lease. Lessee hereby waives any right to
receive any other compensation from the condemning authority or from Lessor,
including, but not limited to, the value of Lessee's leasehold interest, loss of
goodwill, relocation benefits, inverse condemnation or the taking of property."
6. Full Force and Effect. Except as provided herein, all provisions of the Lease
shall remain unchanged and in full force and effect.
IN WITNESS WHEREOF, this First Amendment to Palm Springs Senior Center Lease
was executed as of the date first written above.
ATTEST: CITY OF PALM SPRINGS, a municipal
corporation
By: By: IL
"C-4 Clerk Cit}�'1�Ianager
APPROVED AS TO FORM:
RUTAN & TUCKER
David .Ii Aleshire, Esq.
City Attorney
MIZELL SENIOR CENTER OF PALM SPRINGS
aka PALM SPRINGS SENIOR CENTER, a i 0
nonprofit public benefit
corporation
PALM SPRINGS SENIOR CENTER LEASE
Lease of Former Braille Bldg
Sunrise A Ramon
AGREEMENT #2621
MO 4261, 10-5-88
This Lease, made and entered into this G day of 62"-10 ;
1988, by and between the City of Palm Springs, California, here ni after
referred to as "City" or "Lessor", and the Palm Springs Senior Center herein-
after referred to as "Lessee" without reference to number or gender.
WITNESSETH THAT
WHEREAS the City of Palm Springs, California, a municipal corporation orga-
nized and existing under the general laws of the State of California, owns
certain premises known as Sunrise Park which it operates as a Public Park and
related facilities; and
WHEREAS the City of Palm Springs has determined that it is in the public
interest to have certain service programs and activities for senior citizens
developed and operated within a portion of said premises; and
WHEREAS Palm Springs Senior Center, Incorporated, a nonprofit California Cor-
poration organized and existing under the laws of the State of California, has
expressed a desire and willingness to operate facilities for the benefit of
Senior Citizens upon and within certain improvements existing and to be con-
structed, located within said Sunrise Park,
NOW THEREFORE, for and in consideration of the covenants and agreements con-
tained herein to be mutually performed by the parties hereto, the sufficiency
of which is hereby acknowledged, the City of Palm Springs and Palm Springs
Senior Center, Incorporated, do hereby mutually covenant and agree as follows:
LEASE OF PREMISES
Lessor hereby rents, leases, and demises to Lessee and Lessee hires,
leases, and takes from Lessor upon the terms and conditions hereinafter
set forth those certain land described on Exhibit "A", attached hereto,
marked Exhibit "A", and by this reference made a part hereof (the
"Land"), together with:
A. The right of pedestrian ingress to and egress from the Land over
and across all public property constituting Sunrise Park; and,
B. The right, in common with other members of the public, and subject
to rules and regulations promulgated by Lessor, to utilize the
parking lot adjacent to the Land and commonly known as the Ramon
Road and Sunrise Park Parking Lot; and,
C. All improvements located an the Land including, without limita-
tion, that certain single story Class "0" construction building
containing 5,029 square feet of usable area together with Patio,
service areas, walkways, landscaping and parking facilities (the
"Existing Improvements"), all as shown on Exhibit "B", attached
hereto and by this reference made a part hereof.
The Land, the Existing Improvements and any improvement hereafter con-
structed on the Land shall hereafter be referred to as the Premises.
2. TERM
The term of this Lease shall be for a period of twenty (20) years com-
mencing an October 13, 1988 and terminating an October
13. 2008
3. USE OF PREMISES
Said premises are to be used by the Lessee for the purpose of conduct-
ing, maintaining and developing a Senior Center, to make available,
certain educational, recreational, social services to the City's senior
population. The Palm Springs Senior Center promises and agrees to
utilize and maintain the project constructed for a minimum period of
twenty (20) years or the life of the project, whichever is less. The
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PALM SPRINGS SENIOR CENTER Page 2
LEASE AGREEMENT
provision of special services for seniors is deemed not to be in viola-
tion of Section 206 insofar as that section relates to discrimination on
the basis of age provided that there shall be no discrimination based on
age among those who otherwise qualify to receive the services of the
Senior Center. The approval of the City's Director of Community
Services and Promotions shall be required before the conduct, on the
premises, of any events, other than those above stated, including events
intended to raise revenue for the purpose of carrying on said Senior
Center. Any other use of said premises is prohibited unless specifi-
cally approved in writing by Lessor.
4. LEASE PAYMENT
A. Rent: The Fair Market Rental Value (the "Rent") of the Premises
is Three Thousand Five Hundred Forty Two Dollars ($3,542.00) per
month, determined as follows:
The Land $ 525.00 per month
Existing Improvements $3,017.00 per month
Unless forgiven as hereinafter provided, the Rent shall be increased on
the fifth (5th) anniversary date of this Lease and each five (5) years
thereafter by the same percentage as the Consumer Price Index, Los
Angeles, Riverside, Anaheim, Metropolitan Area All Urban Consumers, All
Items (1982-1984 = 100) (the "Index"), has increased over the base
Index, the Base Index shall be the Index for July, 1988; provided
however, that in no event shall the Rent increase more than twenty-five
percent (25%) over the Rent payable for the preceding five (5) year
period.
B. The Rent shall be paid on or before the first day of each month during
the term of this Lease.
C. If Lessee is prevented from using the premises as contemplated herein by
an act of God, or other reason beyond its control, and when such is so
determined by City, then the rentals prescribed herein shall be abated
for such period of interruption.
D. If the teased premises shall be included within an assessment district,
or otherwise be made subject to any special assessment, Lessee shall be
responsible for payment of such assessment.
Lessee acknowledges that the leasehold created by this Lease may create
a possessory interest subject to taxation. Lessee shall be responsible
for payment of any such tax.
E. In the event Lessee has constructed the improvements provided for
hereinafter within one (1) year after the commencement of this Lease,
Lessor hereby forgives the Rent for the balance of the term of the Lease
provided that the Lessee is not otherwise in default thereof.
F. As partial consideration for lease, Lessee shall make rooms, buildings
and facilities available to the City for use for recreational and
related community services purposes, on a first priority basis over
other community agencies and groups, rooms, buildings and facilities,
not previously scheduled, as may be requested by the City. Lessor shall
make all facilities located within Sunrise Park including, but not
limited to, the Swim Center, Pavilion and Angel Stadium available to
Lessee so long as such facilities are not otherwise scheduled for use.
The process of sharing facilities will be done based on the guidelines
established in a separate joint use agreement.
S. REPORTS
A. Lessee agrees to furnish the City such reports, data and informa-
tion as City's Director of Community Services and Promotions and
City's Auditor may require to assure the program is in accordance,sy�c,r
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PALM SPRINGS SENIOR CENTER
LEASE AGREEMENT
6.
9.
Page 3
with the use specified in Paragraph 3 and that the operation is
fiscally sound.
B. Lessee specifically agrees to provide the following information:
1) Prior to execution, Lessee shall furnish Lessor a certified
copy of its tax exemption certificate issued by the Internal
Revenue Service as assurance of its status as a non-profit
organization. Lessee shall maintain such status throughout
the term of the lease.
2) Lessee shall submit to Lessor within ninety (90) days after
the completion of each of its fiscal year periods an annual
report together with financial and program statements in a
form as required by the Lessor.
UTILITIES
The Lessee agrees to pay when due during the term hereof, all utility
charges resulting from its use of gas, electricity, telephone, water,
waste disposal, sewer service, and similar charges. All utility
contracts must be in the name of the Palm Springs Senior Center within
thirty (30) days of occupancy.
REPAIRS AND MAINTENANCE
A. During the term hereof the Lessee shall maintain the leased
premises in good order and condition and shall at its own cost and
expense make all interior and exterior repairs, including painting
and maintaining in as good condition as existed at the commence-
ment of this lease, all mechanical equipment and doors and
windows, including but not limited to, glass replacement,
including windows forming the exterior walls. Lessee agrees to
maintain in good condition the exterior and structural integrity
of both buildings. At the expiration or other termination of the
term hereof, Lessee shall deliver the leased premises in as good
order and condition as at the inception of this agreement, reason-
able wear and tear and damage by casualty or the elements
excepted. In this regard, before Lessee takes possession Lessor
and Lessee shall conduct a joint inventory and condition survey, a
copy of which shall be attached hereto and made a part hereof for
all purposes. Should the City Manager, during the term of this
lease, find that the Lessee has failed to properly maintain the
leased premises as required herein, he shall notify the Lessee in
writing specifying Lessee's failure to perform such maintenance
and/or repair. Within ten (10) days after receipt of such notice,
Lessee shall commence and continuously and diligently pursue such
maintenance and/or repair to completion within a reasonable period
of time. Failure to comply with provisions of this paragraph
shall be regarded as a substantive breach of this Lease.
CUSTODIAL SERVICES
Custodial services for the leased premises shall be performed by the
Lessee. The Lessor shall be responsible for maintaining the exterior
landscape of premises and the parking lot at the same level as commonly
found in Sunrise Park.
IMPROVEMENTS, ALTERATIONS AND EXPANSION
A. Within one (1) year after the commencement of this Lease, Lessee
shall construct an addition to the existing improvements ("New
Building"). The New Building shall consist of approximately 7,000
square feet, shall be located on the Land on the location shown on
Exhibit "B", attached hereto and by this reference made a part
hereof and shall substantially conform to the building depicted in
Exhibit "B", attached hereto and by this reference made a part /5A-
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PALM SPRINGS SENIOR CENTER �Page 4
LEASE AGREEMENT
hereof. Provided Lessee substantially conforms with Exhibit "B",
no further approvals from Lessor shall be required, except that:
(1) Lessee shall not commence construction until it shall
demonstrate to the City Manager that it has on hand all
funds necessary to complete the construction.
(2) Construction shall conform to all rules, regulations, laws
and ordinances of the City of Palm Springs.
(3) During construction, Lessee shall maintain the Premises in a
presentable condition and immediately abate any
extraordinary hazard or attractive nuisance.
B. The Lessee shall obtain approval from the Director of Community
Services and Promotions, the Director of Community Development and
all applicable City Commissions for all plans and specifications
for any improvements, alterations or expansion to the leased
premises. Lessee shall not alter the premises or make any
improvements without the written consent of Lessor.
All construction must conform to all governing codes and City of
Palm Springs Ordinances and the standard specifications for
construction. Consideration for health and safety pertaining to
drainage, soil conservation, planting, and erosion control shall
meet accepted standards. During the period of construction,
Lessee shall keep the premises in a presentable condition and
shall immediately rectify any hazard or attractive nuisance.
Any approved alterations or improvements made by Lessee shall be
at its sole expense and Lessee agrees to indemnify, defend, and
save Lessor harmless from all liens, claims, and demands arising
out of such improvements placed upon the premises, and Lessor is
specifically authorized, but not required, to come upon the
premises to post notices of non -responsibility pursuant to
Sections 3094 and 3129 of the California Civil Code. Any and all
additions and alterations shall become the property of the City.
Any expansion or increased square footage must also be approved by
the City Council based on the economic feasibility and operating
structure of the existing Senior Center.
10. DESTRUCTION
In the event that the leased premises are damaged or destroyed by fire,
earthquake, the elements, casualty, war, insurrection, riot, public
disorder, or any authorized act upon the part of any governmental
authority, and the premises cannot be restored economically, and expedi-
tiously, then this lease, at the sole option of the Lessor, shall cease
and come to an end. Under no circumstances shall the Lessor be required
to indemnify the Lessee for any loss of income resulting from any such
destruction; provided, however, that in the event that the Premises are
damaged or destroyed as a result of any risk for which the Lessor is
required to provide insurance as prescribed in Section 14F hereof, and
the lessor terminates this Lease as provided herein, it shall
immediately pay over to Lessee all insurance proceeds attributable to
the New Building and any other approved improvements constructed by
Lessee.
11. HOLDING OVER
Should Lessee hold over after the expiration of the term and any options
of this Lease with the express or implied consent of the City, such
holding -over shall be deemed to be a tenancy from month -to -month at the
rent then in effect, subject otherwise to all the terms and conditions
of this Agreement. At the expiration or termination of this Agreement,
as herein provided, the lessee shall within thirty (30) days thereafter
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PALM SPRINGS SENIOR CENTER
LEASE AGREEMENT
Pa ge 5
remove from said premises, or otherwise dispose of in a manner
satisfactory to City, all personal propertyy, belonging to Lessee located
on said premises. Should Lessee fail to remove or dispose of this
property as herein provided, City may, at its discretion, consider such
property abandoned and may dispose of same at Lessee's expense. Also,
at the expiration or termination of this Agreement, and any options
thereunder, Lessee shall at the City's option quit and surrender the
said premises including real property improvements, in a good state of
repair, damage by matters over which Lessee has no control excepted.
12. INDEMNITY, HOLD HARMLESS AND WAIVER OF CLAIM
The Palm Springs Senior Center agrees to indemnify, defend and save the
City of Palm Springs and the County of Riverside and their agents and
employees thereof harmless from any and all liability, claims, damages
or injuries to any person, including injury to Palm Springs Senior
Center employees and all claims which arise from or are connected with
the performance of or failure to perform the work or other obligations
of this agreement, or are caused or claim to be caused by the acts or
omissions of the Palm Springs Senior Center, its agents or employees,
and all expenses of investigating and defending against same; provided,
however, that this indemnification and hold harmless shall not include
any claim arising from the sole negligence or willful misconduct of the
City, the County, or the agents or employees.
In the event City or the County of Riverside is named as co-defendant in
an action against the Lessee, the Lessee shall immediately notify the
City and/or the County of such fact and shall represent City in such
legal action, unless City or County undertakes to represent itself as
co-defendant and/or County in such legal action, or maintains separate
representation in which case the Lessee shall reimburse the City and/or
County for its legal and defense expense.
13. INSURANCE
A. Liability Insurance. During the entire term of this agreement,
Lessee agrees to procure and maintain public liability insurance
at its sole expense to protect against loss from liability imposed
by law for damages on account of bodily injury, including death
therefrom, suffered or alleged to be suffered by any person or
persons whomsoever, resulting directly or indirectly from any act
or activities of the City, County or Lessee, or any person acting
for the City, County, or Lessee or under its control or direction,
and also to protect against loss from liability imposed by law for
damages to any property of any person caused directly or
indirectly by or from acts or activities of the City, County, or
Lessee, or any person acting for the City. County, or Lessee, or
under its control or direction. Such public liability and
property damage insurance shall also provide for and protect the
City and/or County against incurring any legal cost in defending
claims for alleged loss. Such public liability and property
damage insurance shall be maintained in full force and effect
throughout the term of the Lease and any extension thereof in the
following minimum limits:
Bodily Injury: $ 500,000 each person (limits may be
1,000,000 each occurrence adjusted
depending on
Property Damage: $500,000 each occurrence use.)
A combined single limit policy with aggregate limits in the amount
of $1,000,000 will be considered equivalent to the required
minimum limits. All of such insurance shall be primary insurance
and shall name the City of Palm Springs and the County of
Riverside as an additional insured. If the operation under this
Lease results in an increased or decreased risk in the opinion of `r
the City Manager, then Lessee agrees that the minimum limits N
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PALM SPRINGS SENIOR CENTER Page 6
LEASE AGREEMENT
hereinabove designated shall be changed accordingly upon request
by the City Manager; provided, however, that the Lessee may appeal
to the City Council within ten (10) days after any increase is
requested; and such requirement for increased coverage shall be
subject to determination by the City Council. The determination
of the City Council shall be final.
Lessee agrees that provisions of this paragraph as to maintenance
of insurance shall not be construed as limiting in any way the
extent to which the Lessee may be held responsible for the payment
of damages to persons or property resulting from Lessee's
activities, the activities of its sublessees, or the activities of
any person or persons for which Lessee is otherwise responsible.
S. Workers' Compensation Insurance. The Lessee shall procure and
maintain, at its sole expense, Workers' Compensation Insurance in
such amount as will fully comply with the laws of the State of
California, and which shall indemnify, insure, and provide legal
defense for both the Lessee and the City against any loss, claim,
or damage arising from any injuries or occupational diseases
happening to any worker employed by the Lessee in the course of
carrying out the within agreement.
Automotive Insurance. The Lessee shall procure and maintain, at
its sole expense, throughout the term of this Lease and any
extension thereof, public liability and property damage insurance
coverage for automotive equipment with coverage limits of not less
than $500,000 combined single limit. All such insurance shall be
primary insurance and shall name the City of Palm Springs as an
additional insured.
Evidence of Insurance. A Certificate of Insurance, or an appro-
priate insurance binder, evidencing the above insurance coverage
with a company acceptable to the City's Risk Manager shall be
submitted to the City prior to execution of this agreement on
behalf of the City.
Notice to City, Insurance Coverage Chance. The terms of the
insurance policy or policies issued to provide the above insurance
coverage shall provide that said insurance may not be amended or
cancelled by the carrier, for non-payment of premiums or other-
wise, without thirty (30) days prior written notice of amendment
or cancellation to the City. In the event said insurance is
cancelled, the Lessee shall, prior to the cancellation date, sub-
mit to the City Clerk new evidence of insurance in the amounts
heretofore established. Failure to provide any insurance required
herein shall be a substantive default.
F. Fire and Extended Coverage. Lessor agrees that Lessee is not
responsible for providing fire and extended coverage insurance,
Such coverage shall be provided by Lessor. Lessee understands
that Lessor's coverages do not include Lessee's furniture and fix-
tures, but do include Lessee's authorized building improvements.
G. Independent Contractor. It is understood and agreed that the
Lessee is, and at all times shall be, an independent contractor
and nothing contained herein shall be construed as making the
Lessee, or any individual whose compensation for services is paid
by the Lessee, an agent or employee of the City, or authorizing
the Lessee to create or assume any obligation or liability for or
on behalf of the City.
14. RIGHT OF ENTRY
The premises shall at all reasonable times be open to proper govern-
mental authorities and agents or employees of Lessor for inspection or
to do things Lessor is obligated to do.
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PALM SPRINGS SENIOR CENTER Page 7
LEASE AGREEMENT
15. LIENS
Lessee expressly agrees to keep and hold said premises and the Lessor's
interest therein free and clear of any mechanic's or similar liens
arising by reason of any acts of the Lessee.
16. CANCELLATION
In addition to the events set out hereinabove, the following events
hereinafter called "Events of Default" are grounds for termination by
Lessor:
A. The failure of Lessee to punctually make any payments required
hereunder when due after ten (10) days written notice thereof from
Lessor.
B. The failure of the Lessee to keep, perform, and observe any and
all other promises, covenants, and conditions set out in this
Lease within thirty (30) days of written notice thereof; provided,
however, that where fulfillment of such obligation requires
activity over a period of time and the Lessee shall have commenced
to perform whatever may be required to correct the particular
default within thirty (30) days after such notice and continues
such performance diligently, said time limit may be waived in the
manner and to the extent allowed by the City Manager.
C. The abandonment, vacation, or unauthorized discontinuance of the
use of the premises as herein provided, without good cause, for
more than thirty (30) consecutive days.
17. SERVICE OF NOTICE
All notices, demands, requests and other communications which may be or
are required to be given by either party or to the other shall be in
writing. All notices, demands, requests and other communications by
Lessor to Lessee shall be deemed to have been properly given if served
personally on Lessee or if sent by United States certified mail, postage
prepaid, addressed to Lessee at 550 N. Palm Canyon Drive; Palm Springs,
CA 92262, or such other place of business as may be designated from
time to time by Lessee in a written notice sent to Lessor. All notices,
demands, requests, and other communications by Lessee to Lessor shall be
deemed to have been properly given if served on Lessor by serving the
same personally on the City Manager of the City of Palm Springs or if
sent by mail, postage prepaid, addressed to the City Clerk, City Hall,
P. 0, Box 1786, Palm Springs, California 92263.
18. DEFAULT
In the event of cancellation of this Lease for any reason whatsoever,
Lessor may in the exercise of the power it possesses, contractual or
otherwise, enter upon the premises and remove Lessee, using whatever
force may be necessary. Lessor shall not be liable for damages to
Lessee as a result of any entry or removal. In addition, Lessor shall
have any and all other rights provided by law. Prior to any such entry
or removal the Lessor agrees to give the Lessee ten (10) days notice of
its intention to enter and remove, in order to afford the Lessee and its
employees, patrons, and others an opportunity to remove its equipment
and other personal property.
19. WAIVER
The failure of the Lessor to exercise any right accruing to it hereunder
shall not constitute a waiver of that right or any other right arising
out of this lease. /shy
i ,?
PALM SPRINGS SENIOR CENTER
LEASE AGREEMENT
20. NONDISCRIMINATION
• 7 v Page 8
The Lessee and his employees shall not discriminate because of race,
religion, color, ancestry, sex, age, national origin or physical
handicap against any person by refusing to furnish such person any
facility, service, or privilege offered to or enjoyed by the general
public. Nor shall the lessee or his employees publicize the facilities,
services, or privileges in any manner that would directly or
inferentially reflect upon or question the acceptability of the
patronage of any person because of race, religion, color, ancestry, sex,
age, national origin, or physical handicap.
21. SUCCESSORS & ASSIGNMENTS
Successors. This Lease shall be binding upon and shall inure to the
benefit of the parties hereto and their respective successors and
assigns.
Assignment. Rental and Subleasing. Any attempted assignment, hypotheca-
tion, mortgaging, rental or subieasing without the written consent of
the Lessor shall, at the sole option of the Lessor, cause this Lease and
all of the Lessee's rights hereunder to be forfeited forthwith; provided
however, that Lessee may rent rooms and other space upon the Premises
upon the terms set forth in the application and Agreement attached
hereto marked Exhibit "B" and by this reference made a part hereof, or
such other terms as may hereafter be approved by Lessor.
22. APPEAL TO CITY COUNCIL
In the event of a conflict between Lessee and City Manager or other City
Employee whose approval or consent is required herein, Lessee may appeal
any decision to the City Council, in accordance with Palm Springs
Municipal Code, Chapter 2.05.
23. PARAGRAPH HEADINGS
Paragraph headings contained herein are for convenience and reference
and are not intended to define or limit the scope of any provision of
this Lease agreement.
MADE AND ENTERED INTO by the parties hereto this [ day of
I986.
IN WITNESS WHEREOF, the parties hereto have hereunto set their respective
hands and seals this day and year first above written.
ATTEST:
BY:
City Clerk
REVIEWED & APPROVED
APPROVED BY THE C ny oDU M
CITY OF LM SPRINGS, CALIFORNIA
z
City onager
PALM FINGS SEOR CENTER
BY
By:
18
0 0
PALM SPRINGS SENIOR CENTER
APPLICATION FOR USE OF PALM SPRINGS SENIOR CENTER FACILITIES
The undersigned hereby applies for use of the Palm Springs Senior Center facilities for
the purpose of conducting activities as stated in our Articles of Incorporation and By -
Laws and in accordance with policies established by the Board of Directors of the Palm
Springs Senior Center.
Sponsoring Organization:
Address:
Person in Charge:
Telephone:
Describe the exact nature and
purpose of organization:
Description of program or activity:
Date of Letter of Exemption from Treasury Department;
Date of Letter of Exemption from State of California:
(Please attach copy of both letters of Exemption) Dates of Rental;
Is activity open to the public?
Will admission fees be charged? Room To Be Used:
Will contributions or other fees be solicited during use?
provided by user:
FACILITIES REQUESTED
FEE SCHEDULES
Equipment of furniture needed and not
Fifty Dollars ($50.00) for two (2) hours or negotiable for an -going programs or events.
A Ten Dollar ($10.00) deposit will be required on keys. Deposit will' be refunded when
keys are returned.
STATEMENT OF APPLICANT
Applicant hereby agrees to hold the Palm Springs Senior Center,'it s'Boa rd of Directors,
Officers, Agents, and employees free and harmless from any less, damage, liability, cost
or expense that may arise during or be caused in any way by such use or occupancy of the
Senior Center's property. The applicant agrees to furnish such liability or other insurance
as the Senior Center may require.
I, the undersigned, hereby certify that I will be persons}1y responsible on behalf of the
applicant for payment of all charges assessed for the use of the above ptemises and for any
damages sustained by the building, furniture, equipment or grounds accruing through the
occupancy or use of said building and/or grounds by the applicant.
I hereby certify that I have read the rules, regulations, conditions, and terms set forth
on this application and that I, and the applicant which I represent, will abide by them
and will conform to all applicable directives of the board of Director¢'and its t,uthorized
agents which may be communicated to the applicant.
Signature of Applicant Approved
Date: Date:
Amount Due:
Amount Paid:
Receipt No.:
8/88
19
Being that portion of Lot 25 in Section 13, T.4S., RAE., S.B.M., as shown on
that map entitled "Map of Palm Valley Colony Land, Property of the Palm Valley
Land and Water Company, Being Part of Township 4 South, Ranges 4 and 5, East,
S.B.M., San Diego Co. California", filed for record January 15, 1891 in Map
Book 14, Page 652, records of San Diego County, described as follows:
BEGINNING at the Southwest corner of said Lot 25, said point being the
Southwest corner of said Section 13;
Thence South 89059'44" East, 240.00 feet;
Thence North 00000'16" East, 50.00 feet to the True Point of Beginning;
Thence North 89059'44" West, 169.93 feet to the beginning of a curve concave
to the Northeast having a radius of 20.00 feet;
Thence Northeasterly along said curve 31.44 feet, through a central angle of
90003'29";
Thence North 00003'45" East, 173.78 feet;
Thence South 89056115" East, 189.75 feet;
Thence South 00000'16" West, 193.61 feet to the True Point of Beginning.
20
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CITY OF PALM SPRINGS
DEPARTMENT of COMMUNITY DEVELOPMENT REAL PROPERTY DIVISION
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LEASE PLAT
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SECTION 13, T4S, R4E, S.B.B. & M.
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G. BIEVWS
REAL PROPERTY SPECIALIST
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