HomeMy WebLinkAbout00995 - BOYS CLUB OF PS LEASE POR OF POLO GROUNDS Boys' Club of P.S. - lease per of
the Polo Grounds
AGREEMENT #995 (Original 11-7-73)
Res #10888, 11-14-73
LEASE OF REAL PROPERTY
BETWEEN CITY OF PALM SPRINGS, CALIFORNIA, AND
BOYS' CLUB OF PALM SPRINGS, INC.
WHEREAS, on January 27, 1958 the City leased a portion of the Polo
Grounds to the Boys Club of Palm Springs, Inc, for 25 years with an
option to renew for 25 years, and
WHEREAS, on December 5, 1961 additional land adjacent to the parcel
leased above was leased to the Boys' Club to locate swimming pool
equipment, and
WHEREAS, on June 7, 1965 an additional adjacent parcel was leased to
the Boys' Club for 10 years for general recreation usage, and
WHEREAS, the proposed development of the Polo Grounds with funds from
Proposition R calls for improvements to be made on portions of the
leasehold interests described above, and
WHEREAS, the City desires to make improvements on City land, and
WHEREAS, the Boys' Club has no need for those portions of the leasehold
interests on which City improvements are planned;
NOW THEREFORE the Boys ' Club of Palm Springs, Inc. , hereinafter referred
to as "Boys' Club and the City of Palm Springs, hereinafter referred to
as "City" agree as follows :
1. The leases between the Boys' Club and City dated January 27,
1958, December 5, 1961 and June 7, 1965 are hereby rescinded.
2. The City hereby leases to the Boys ' Club the real property
hereinafter described under the following terms and conditions :
a. PREMISES. City leases to Boys ' Club a certain parcel of
real property situated at 4S0 South Sunrise Way in the
City of Palm Springs, County of Riverside, State of
California, described on Exhibit "A" attached hereto and
made a part hereof.
b. TERM. The term of this lease shall be for a period
commencing on November 14 . , 1973, and
terminating on the 26th day of January 2008.
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c. RENT. The Boys ' Club agrees to pay to the City as
rental for said premises the sum of One Dollar ($1.00)
per year, first payment payable on the date 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 Boys' Club for operating thereon
a building and other facilities for use as a Boys' Club
to promote the physical, mental and moral welfare of boys
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 Boys ' Club of Palm Springs.
e. MAINTENANCE. The facilities on the leasehold site shall
be continually maintained by the Boys ' 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
Boys' Club shall immediately paint or make repairs in
accordance with the written order of the City Manager and
within the time prescribed by the City Manager. The Boys'
Club reserves the right to appeal the written order given
by the City Manager to the City Council . The City Councils'
finding shall be final .
It is expressly understood that the City shall, in no way, be
expected to contribute to the construction or other maintenance
of the building facilities or appurtenances thereto. The grounds
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 City.
All remaining grounds within the leasehold premises will be
maintained by the Boys` Club, in addition, the cost of operation
of the facilities is solely that of the Boys' Club.
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f. BOND AND INSURANCE. Boys' Club shall provide the City
with a labor and material bond in the amount of the
estimate construction cost of any improvements prior
to the construction of any such improvements. The form
of bond shall be first approved by the City Attorney of
the City.
Boys' Club shall maintain public liability insurance
during the entire term of this lease covering the City
as additional insure. The limits of said policy shall
be One Million Dollars ($1,000,000) for each person and
each accident with a total aggregate coverage of One
Million Dollars ($1,000,000) for each accident. Property
damage liability insurance shall be provided in the amount
of at least One Million Dollars ($1,000,000) for any one
accident. City shall be furnished with a copy of said
policies City shall be notified by the appropriate insurance
carrier of any change of termination of insurance fifteen
days prior to the effect of any such action.
g. HOLD HARMLESS. Boys ' Club agrees to indemnify and hold
City harmless from and against all liability for injuries
to persons or damage to property caused by Boys ' Club
negligent use or occupancy of the premises; provided,
however, that Boys' Club shall not be liable for any
injury, damage or loss occasioned by the negligence of
City, its agents or employees; and provided further that
City shall give to Boys' Club prompt and timely notice of
any claim made or suit instituted which in any way directly
or indirectly, contingently or otherwise, effects or might
effect Boys' Club, and Boys' Club shall have the right to
compromise and defend the same to the extent of its own
interest.
h. ASSIGNMENT AND SUBLETTING. Boys' Club shall not assign
this lease or any part thereof nor sublet said premises
or any part thereof without the written consent of City
first had and obtained.
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i. COMPLIANCE WITH LAWS AND REGULATIONS. Boys' Club agrees
to maintain and operate the premises in compliance with
all municipal, county and state laws applicable thereto.
j . TERMINATION BY CITY. Time is the essence of this lease
and in the event that the Boys' 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 City to terminate the lease and
to take immediate possession of the building, facilities
and appurtenances thereto. Prior to termination, the
City shall first provide the Boys' Club with notice in
writing stating the defects or omissions and giving Boys'
Club thirty (30) days in which to commence to correct
said defects or omissions.
Upon termination for cause, or at the expiration of
this lease, the City 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 City without payment to the Boys' Club.
MADE AND ENTERED INTO by the parties hereto this 7'" day of November, 1973.
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
DONALD A. BLUBAUGH a municipal corporation,
CITY CLERK
BY
- puty City Clerk ,,w City N nager
w__a LESSOR
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APPROVED AS TO FORM BOYS' CLUB OF/ PALM SPRINGS, INC.
BY BY _�—�✓ _/ate
,,Pity Attorney Pre's2dent
CONTENTS APPROVED B "'
ecretary LESSEE
l !�BY
Director of Community Services
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BOYS' CLUB LEASE, DESCRIPTION
EXHIBI`i' A
That portion of Lot 25, in Section 13, T.4S, R.4E,
as shown on man of Palm Va11ey Colony Lands, according to map thereof
recorded in Book 14, Page 652 of (daps, 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 0'03'45" East, along the Westerly line of said Section 13,
a distance of 427.00 feet; thence South 89'56'15" East, a distance
of 50.00 feet to the True Point of Beginning; thence continuing
South 89'56' 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 17`03 '4511, a distance of 29.78 feet; thence tangent to
said curve North 13000'00" East, a dis ante of 94.55 feet to the
beginning of a tangent curve concava Southerly having a -radius of
S2. 00 feet; thence Northeasterly, Easterly and Southeasterly, along
the Arc of Said Curve, through a central angle of 50'00100", a distance
of 45. 33 feet; thence tangent to said curve South 57000'00" East, a
distance of 13.24 feet to the beginning of a tangent curve, concave
Northeasterly, having a radius of 100. 00 feet; thence Southeasterly
and Easte-ly, along the Arc of Said Curve, through a central angle
of 32°5611511, a di.stanco of 57.49 feet; thence tangent to said curve
South 89056'15" East, a distance. of 11.89 feet; thence South 0003,45"
West, a distance of 24.00 feet to a point on the arc of a non-tangent
curve concave. Southeasterly, having a radius of 25.00 feet, a radial
line passing through said point bears North 0'0314S" East, thence
Westerly, Southricstierly and Southerly, alone the Arc of Said Curve
through a central angle of 9j'00 '00", a distance of 39.27 feet; "-hence
tangent to said curve South 0'03145" West, a distance of 43.00 feet;
thence North 89'56115" West, a distance of 25. 00 feet; thenr_e South
0003145" West, a distance of 93. 95 feet; thence North 89°56' l5"
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 0003 '45" East, along said parallel
line, a distance of 183.15 feet to the True Point of Beginning.
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LOT 25
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RESOLUTION NO. 10888
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING A NEW LEASE WITH THE BOYS'
CLUB OF PALM SPRINGS, INC. AND AUTHORIZING THE
CITY MANAGER TO EXECUTE SAME.
WHEREAS, certain lands at the Polo Grounds have been leased
to the Boys' Club of Palm Springs, Inc. ; and
WHEREAS, portions of the leasehold lands are not presently
being used by the Boys' Club and will not be used by them
in the future; and
WHEREAS, the City of Palm Springs proposes to include these
portions in the overall development of the Polo Grounds with
funds from Proposition R; and
WHEREAS, a new lease has been prepared which shall commence
on November 14, 1973 and terminate on the 26th day of January
2008; and
NOW THEREFORE BE IT RESOLVED that the City Council does hereby
rescind Agreement No . 30 as amended and Agreement No. 355 and
does hereby approve new lease Agreement No. 995 and
authorizes the City Manager to execute same on behalf of the
City of Palm Springs.
ADOPTED this 14th day of November 19 73
AYES: Councilmen Beirich, Foster, Garcia & Mayor Wiefels
NOES: None
ABSENT: Councilman Schlecht
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
DONALD A. BLUBAUGH
City Clerk
By s/J. Sumich s/Donald A. Blubaugh
Deputy City Clerk City Manager
APPROVED AS TO FORM: CONTENTS APPROVED:
ty Attorney
Date 11- 7---73 Date
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TWE ST.PIAUL
I� �Arl� lAtf SH, 2ii I;I(' i SECTION II
L..'j�T C LICY
�t�'i'A
ADDITIONAL INSURED ENDORSEMENT
(Premises Leased to the Named Insured)
The following spaces preceded by an asterisk (')need not be completed if this endorsement and the policy have same inception date.
Forming Part of 'Effective Date -Issued To:
Policy No, of Endorsement
661NB3389 3 21 79 BOYS CLUB OF PALM SPRINGS INC. ET AL,
In Witness Wheieof, the Company has caused this 7 I:T S ' Li';Y �1}itG.
endorsement to be signed by its President at St. Paul,
Minnesota and countersigned by a duly authorized
representative of the Company. Authorized epresenlative
It is agreed that such insurance as is afforded by Coverages B & D of the Comprehensive General and Automobile Liability
Insuring Agreement for bodily injury and for property damage or by Coverage A of the Storekeeper's Liability Insuring
Agreement for bodily injury and for property damage applies,subject to the following provisions:
It is agreed that the "Persons Insured" provision is amended to include as an Insured the person or organization designated
below, but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises
designated below leased to the Named Insured,and subject to the following additional exclusions:
THE INSURANCE DOES NOT APPLY:
1. To any occurrence which takes place after the Named Insured ceases to be a tenant in said premises;
2. To stiuctural alterations, new construction or demolition operations performed by or on behalf of the person or
organization designated below:
SCHEDULE.
Designation of Premises Name of Persoa or Organization
(Part Leased to Named Insuied) (Additional Insured)
450 S. Sunrise Way C:ityof Palm Springs
Palm Springs, Ca. 92262 Box; 1786
Palm Springs, Ca. 92263
Att. Jeannc Mentzer,
City Clerics office.
Nothing herein contained shall be held to vary,alter,waive or extend any of the terms,conditions,provisions,agreements or
limitations of the above mentioned Policy,other than as above stated.
eaAL
President.
ENDORSEMENT NO. g TO INSURING AGREEMENT Page 1 of 1
21099 Ed. 10-71 Printed m U.S.A. (G109)
.J 9J JQ1 ,f6
CERTIFICATE *NSURANCE AGEN OKER
ISSUED BY Oa` BEHALF OF `•�i�'""rll"- ,_
1=.1`,[Yl '
ST. PAUL FIRE &. MARINE INSURANCE COUKANY r7 i 4) 32,5-508 1
INSURANCE COMPANY -
Name of Insured and address: Name and address for whom Certificate of Insurance is issued;
BOYS CLUB Qr PAIM SPRINGS, INC.. CITY Or PALM SPRING'S
& PATHFINDER RANCH, INC. ATTN: JEAN MENTZER
450 S, Sunrise t`Aay P.Q. BOX 1786
Palm Springsp Ca. 92262 PALM SPRINGS, CA. 92262
This,s to cartify that the Company designated above has issued to the Insured named herein the policies
listed below and such policies apply with raspect to the hazards and for the coverages and limits of liabil-
ity indicated by specific entry herein, subject to all the terms,conditions and exclusions in such policies.
COVERAGES AND LIMITS OF LIABILITY
TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EXPIRATION
` Bodily Injury Liability Property Damage Lability
tr DATE DATE
Each Occurrence Ea. Occurrence Aggregate
General Liability _
Premises — operations 661NA 9269 3/21176 3/2l[7.8y $ 1,000 ,000 $ 100,000 $ 100,000
Escalators
1-f $ ,OoO $ ,000 $ ,000
Independent Contractors $ ,000 $ 1000 $ ,000
Products—Completed $ ,000
Operations
$ ,00071ggreg. $ ,000 $ 1000
Contractual—as described
below
$ ,000 $ ,000 $ ,000
Autos i9e Liability — Each Person Each Occ. Each Dec. Agg.
Owned Automobiles $ ,000 $ ,000 $ ,000 XXXX
Hired Automobiles $ ,000 $ '000 $ ,000 XXXX
Non-Owned Automobiles $ ,000 $ ,000 $ ,000 XXXX
_—L—__ —
Automobile Physical Damage-
Comprehensive $
Fire, Theft $
Collision or Upset
Actual Value Less $ Deductible
Loss Payable to:
Compensation—Statutory
Workmen's Compensation
and Employers Liability
Description and Location of Operations, Automobiles Covered, Contracts, Additional Insured, Additional Coverages, etc. e.�=
OPERATIONS Or THE INSURED.
The City of Palm Springs is hexiaby named as additional insured With
respect to these operations.
The Company agrees to give- 10 days written notice to the holder of this Certificate of Insurance in the event of cancellation of any
policy or coverage listed above.
St, Paul Race Marine Company
Insui ice o any
Date: tWi -m By
Author ad Repre entative
No.GF 202 1-73 Recommended GA I A.I B A C Form