HomeMy WebLinkAbout7/30/2008 - AGREEMENTS LEASE OF REAL PROPERTY
BETWEEN THE
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS A44D
THE BOYS' AND GIRLS' CLUB OF PALM SPRINGS,. CI)S
WHEREAS, on January 27, 1958, the City of Palm Springs leased a portion of the former
Polo Grounds, now known as Sunrise Park, to the Club of Palm Springs, Inc. for twenty-five
(25) years with an option to renew for twenty-five (25) years, and
WHEREAS, on December 5, 1961, additional land adjacent to the parcel leased above was
leased to the Club to locate swimming pool equipment; and
WHEREAS, on June 7, 1965, an additional adjacent parcel was leased to the Club for ten
(10) years for general recreation usage; and
WHEREAS, on June 20, 1990, the City of Palm Springs desired to make improvements on
City land, including portions of the land leased to the Club and the Club had no need for
those portions of the leasehold interests on which City improvements are planned; and
WHEREAS, the Boys & Girls Club, the successor to the Club, desires to put an addition
onto an existing building, thereby requiring that an additional adjacent parcel be added to
the current leasehold interests; and
WHEREAS, the Community Redevelopment Agency of the City of Palm Springs, the
successor to the City of Palm Springs, desires to approve a new leasehold agreement to
accommodate the Boys & Girls Club.
NOW THEREFORE, the Boys & Girls Club of Palm Springs, Inc., hereinafter referred to as
"Club," and the Community Redevelopment Agency of the City of Palm Springs, hereinafter
referred to as "Agency," agree as follows:
1. The leases between the Club and the City of Palm Springs dated January 27,
1958, December 5, 1961, June 7, 1965, and June 20, 1990 are hereby cancelled.
2. The Agency hereby leases to the Club the real property hereinafter described
under the following terms and conditions:
a. PREMISES. Agency leases to Club a certain parcel of real property
situated at 450 South Sunrise Way in the City of Palm Springs, County of Riverside,
State of California. The legal description of said parcel is attached hereto as Exhibit
"A" and incorporated herein by this reference-
b. TERM. The term of this lease shall be from the execution date until
June 30, 2040, unless terminated earlier under subsections n, or p, of this Section.
C. RENT. The Club agrees to pay to the Agency as rental for said
premises the sum of One Dollar ($1.00) per year, first payment payable on the date
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of execution of this lease agreement, and thereafter on the 15th day of January of
each succeeding year.
d. USE. The purpose of this lease is to provide for the use of said
premises by Club for operating thereon a building and other facilities for use as a
Club to promote the physical, mental, and moral welfare of boys and girls of the City
of Palm Springs.
No activities shall be conducted upon the leasehold by any minor at any time
without adult supervision, said supervision being in accordance with rules and
regulations of the Club of Palm Springs.
e. MAINTENANCE. The facilities on the leasehold site shall be
continually maintained by the Club at standards that will maintain the health and
safety of the users of the facilities. In addition, the exterior portions of the building
and the appurtenances thereto, shall be maintained so as to show no signs of
dilapidation. The Club shall immediately paint or make repairs in accordance with
the written order of the Executive Director and within the time prescribed by the
Executive Director and the Club may, within ten (10) days of such order, request the
Agency Board of Directors to review such order. The Agency Board of Directors'
finding shall be final.
It is expressly understood that the Agency shall in no way be expected to
contribute to the construction or other maintenance of the building facilities or
appurtenances thereto. The ground on the west side of the building and lying north
of the south curb line of the parking lot on the north side of the building within the
leasehold premises will be maintained by the Agency. All remaining grounds within
the leasehold premises will be maintained by the Club; in addition, the cost of
operation of the facilities is solely that of the Club.
f. HOLD HARMLESS. Club agrees to indemnify, defend, and hold
Agency harmless from and against all liability for injuries to persons or damage to
property caused by Club's negligent use or occupancy of the premises; provided,
however, that Club shall not be liable for any injury, damage or loss occasioned by
the sole negligence of Agency, its agents or employees; and provided further that
Agency shall give to Club prompt and timely notice of any claim made or suit
instituted which in any way directly or indirectly, contingently, or otherwise, affects or
might affect Club, and Club shall have the right to compromise and defend the same
to the extent of its own interest.
g. INSURANCE. Club shall procure and maintain at its sole cost and
expense, in a form and content satisfactory to Agency during the entire term of this
lease agreement including any extension thereof, the following policies of insurance;
(1) Commercial General Liability Insurance. A policy of
commercial general liability insurance written on a per occurrence basis with
a combined single limit of at least $2,000,000 bodily injury and property
damage including coverages for contractual liability, personal injury,
independent Clubs, broadform property damage, products and completed
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operations. The General Liability Policy shall name the Agency and the City
of Palm Springs as an additional insured in accordance with standard ISO
additional insured endorsement form CG2010(1185) or equivalent language-
(2) Worker's Compensation Insurance. A policy of worker's
compensation insurance in such amount as will fully comply with the laws of
the State of California and which will include $2,000,000 employer's liability.
(3) Business Automobile Insurance. A policy of business
automobile insurance written on a per occurrence basis with a single limit
liability in the amount of$2,000,000 bodily injury and property damage.
All of the above policies of insurance shall be primary insurance and
shall name the Agency, its officers, employees and agents as additional
insureds. The insurer shall waive all rights of subrogation and contribution it
may have against the Agency, its officers, employees and agents and their
respective insurers. In the event any of said policies of insurance are
canceled, the Club shall, prior to the cancellation date, submit new evidence
of insurance in conformance with this Section to the Agency. No work or
services under this Agreement shall commence until the Club has provided
the Agency with Certificates of Insurance or appropriate insurance binders
evidencing the above insurance coverage and said Certificates of Insurance
or binders are approved by the Agency.
The Club agrees that the provisions of this Section shall not be
construed as limiting in any way the extent to which the Club may be held
responsible for the payment of damages to any persons or property resulting
from the Club's activities or the activities of any person or persons for which
the Club is otherwise responsible-
(4) The Club agrees to increase the minimum limits of its insurance
policies required by this Section every five (5) years on January 10', beginning
January 1, 2012. Such increase shall be equal to the cost of living
adjustment adopted by the State of California for the year in which the
minimum insurance limits are increased under this Section, commencing with
the cost of living adjustment for the year 2012,
h. NOTICE TO AGENCY, INSURANCE COVERAGE CHANGE. 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 otherwise without thirty (30) days prior
written notice of amendment or cancellation to the Agency. In the event that said
insurance is cancelled, the Club shall, prior to the cancellation date, submit to the
Agency Clerk new evidence of insurance in the amounts heretofore established.
i. EVIDENCE OF INSURANCE. A Certificate of Insurance, or an
appropriate insurance binder, evidencing the above insurance coverage with a
company acceptable to the Agency's Risk Management Officer shall be submitted to
the Agency prior to execution of this agreement on behalf of the Agency.
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j. THE CLUB -- AN INDEPENDENT CLUB. It is understood and agreed
that the Club is, and at all times shall be, an independent Club and nothing
contained herein shall be construed as making the Club, or any individual whose
compensation for services is paid by the Club, an agent or employee of the Agency,
or authorizing the Club to create or assume any obligation or liability for or on behalf
of the Agency.
k. RIGHT OF ENTRY. The premises shall at all reasonable times be
open to proper governmental authorities and agents or employees of the Agency for
inspection.
I. ASSIGNMENT AND SUBLETTING. Club shall not assign this lease or
any part thereof nor sublet said premises or any part thereof without the written
consent of Agency first had and obtained.
M. COMPLIANCE WITH LAWS AND REGULATIONS. Club agrees to
maintain and operate the premises in compliance with all municipal, county and state
laws applicable thereto.
n. TERMINATION BY AGENCY. Time is of the essence of this lease
and in the event that the Club fails to maintain or operate the premises thereon in
strict accordance with the provisions of this lease, the said failure shall be cause for
the Agency to terminate the lease and to take immediate possession of the building,
facilities and appurtenances thereto. Prior to termination, the Agency shall first
provide the Club with notice in writing stating the defects or omissions and giving
Club thirty (30) days in which to commence to correct said defects or omissions. If
such defects or omissions are not corrected within this timeframe, this lease shall
automatically terminate.
Upon termination for any reason, or at the expiration of this lease, the Agency
shall be empowered to take immediate possession of the premises and remove all
unauthorized persons therefrom. It is expressly understood that upon termination
the premises and improvements shall become the property of the Agency without
payment to the Club.
o. NONDISCRIMINATION. Lessee covenants for itself, its heirs,
executors, administrators, and defines, and all persons claiming under or through it,
that this lease is made and accepted upon and subject to the condition that there
shall be no discrimination against or segregation of any person or group of persons
on the account of race, color, creed, religion, sex, age, national origin, ancestry,
political affiliation, or physical handicap associated with the construction, operation
and maintenance of the premises.
P. CONDEMNATION. In the event of condemnation by any condemning
authority, or a transfer in lieu thereof results in a taking of any portion of the
Premises, Agency may, or in the event a condemnation or a transfer in lieu thereof
results in a taking of twenty-five percent (25%) or more of the Site, Club may, upon
written notice given, thirty (30) days after such taking or transfer in lieu thereof,
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terminate this Lease. Club shall not be entitled to share any portion of the
condemnation award with the exception that if the condemnation occurs when there
is five (5) years or greater remaining on the Term, the Club shall be entitled to
recover fifty percent (50%) of the documented costs for constructing the facility, and
Club hereby expressly waives any right or claim to any part of the award separate
from that cost reimbursement. Club shall, in addition, have the right to claim and
recover, only from the condemning authority, any amounts necessary to reimburse
Club for the cost of removing its furniture, equipment and merchandise. If this Lease
is not terminated as above provided, Agency shall use a part of the condemnation
award to restore the Site.
MADE AND ENTERED INTO by the parties hereto this 2 0 day of
2008
COMMUNITY REDEVELOPMENT BOYS' AND GIRLS' CLUB OF PALM
AGENCY OF THE CITY OF PALM SPRINGS, INC.
�SPRINGS,
By: Arthur S. Block
David Ready, Executive Director , _s resident
ATTEST: By: Dean Moore v
Executive
Director
mes Thompson, Ag ency�CleTk APPROVED BY CITY COUNCIL
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APP AS Tp FORM:
Dougl s Holland, Agency Counsel
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EXHIBIT"A"
LEASE ADDITION BOYS &GIRLS CLUB
THAT PORTION OF LOT 25, IN SECTION 13, TAS, RAE, S-B.B.&M.,AS SHOWN ON MAP OF PALM
VALLEY COLONY LANDS,ACCORDING TO MAP THEREOF RECORDED IN BOOK 14,PAGE 652 OF
MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA. BEING IN THE CITY OF PALM SPRINGS,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 13;
THENCE NORTH 0003'45"EAST,ALONG THE WESTERLY LINE OF SAID SECTION 13,A DISTANCE OF
427.00 FEET;
THENCE SOUTH 89056'15"EAST,A DISTANCE OF 50.00 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING SOUTH 89056'15"EAST,A DISTANCE OF 28.20 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 100.00 FEET;
THENCE EASTERLY,ALONG THE ARC OF SAID CURVE,THROUGH A CENTRAL ANGLE OF 17003'45",A
DISTANCE OF 29.78 FEET;
THENCE,TANGENT TO SAID CURVE NORTH 73000'00'EAST,A DISTANCE OF 94.55 FEET TO THE
BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 52.00 FEET;
THENCE NORTHEASTERLY, EASTERLY AND SOUTHEASTERLY,ALONG THE ARC OF SAID CURVE,
THROUGH A CENTRAL ANGLE OF 50000'004,A DISTANCE OF 46.38 FEET;
THENCE TANGENT TO SAID CURVE SOUTH 57000'00" EAST,A DISTANCE OF 13.24 FEET;
THENCE SOUTH 8905615"EAST A DISTANCE OF 97.02 FEET;
THENCE SOUTH 00003'45'WEST A DISTANCE OF 128-31 FEET;
THENCE NORTH 8905615"WEST A DISTANCE OF 80.66 FEET;
THENCE,SOUTH 00003'45"WEST A DISTANCE OF 73.71 FEET;
THENCE NORTH 89056'15'WEST,A DISTANCE OF 218.93 FEET TO A POINT ON A LINE THAT IS
PARALLEL WITH AND 50.00 FEET EASTERLY OF THE WESTERLY LINE OF SAID SECTION 13;
THENCE NORTH 0°0345"EAST,ALONG SAID PARALLEL LINE,A DISTANCE OF 183.15 FEET TO THE
TRUE POINT OF BEGINNING.
PREPARED BY �1ONAL
SANBORN A/E, INC. 4Z 1..SA -6-4
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JOHN L. SANBORN PLS 4146 N`
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W.O.00.182 CM7101 �0 �
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