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Home My WebLink About04287 - POLICE SUBSTATION LAMAR PS MALL LEASE DOCUMENT TRACKING Page:1 Report: One Document Detail February 7,2013 Condition: Document Numbera4287, Document# Description Approval Date Expiration Date Closed Date A4287 D A RE Program 10/1812000 1010112010 Company Name: PS Police Department-P S Mall Address: , 2365 Tahquitz Canyon Way,Palm Springs,CA 92262 Contact: Insurance Department Service: Lease Agreement xRef: POLICE DEPARTMENT Ins.Status: INACTIVE Document Tracking Items: Due Completed Tracking Amount Amount Code Item Description Date Date Date Added Paid New Contract Added 02125/2003 END OF REPORT F �-r PS Police - PS Mall •Lease AGREEMENT #4287 M06736, 10-18-00 SHORT TERM — - - LEASE AGREEMENT i THIS SHORT TERM LEASE AGREEMENT , hereinafter referred to as "Agreement", dated the 12°i day of October 2000, is entered into by and between Lamar Palms Associates, L.P., a California limited partnership, hereinafter referred to as "Landlord", and The City of Palm Springs, hereinafter referred to as "Tenant". A. Premises: Landlord hereby leases to Tenant Space #15, encompassing 1,260 square feet, as shown on "Exhibit A" attached hereto and hereinafter referred to as the "Premises" in what is commonly referred to as "Palm Springs Mall", a shopping center located in the City of Palm Springs hereinafter referred to as "Shopping Center". B. Term: Month-to-Month terminable by either Landlord or Tenant upon not less than thirty (30) days prior written notice to the other. Rent Commencement Date: N/A. Term Commencement Date: November 1, 2000. C. Rent: The rent payable during the term of this agreement shall be $.00 per month. The Rent payable hereunder shall not be used to modify, in any way, computation of "rentals" under any other agreement Tenant may have at the Shopping Center. D. Use of Premises: Tenant shall use the premises for the purpose of operating community service programs (to include Drug Abuse Resistance Education a.k.a. D.A.R.E, Police Activities League, a.k.a. P.A.L. and Citizens On Patrol, a.k.a. C.O.P.) Tenant shall not display signage or sell merchandise or any other objects outside the defined area of the Premises. Tenant agrees it will not use or suffer or permit any person or persons to use the Premises or any part thereof for any purpose in violation of the Laws of the United States of America or the State of California, County of Riverside, City of Palm Springs, or any other lawful authorities, and that during said term the Premises and every part thereof shall be kept by Tenant in a clean wholesome condition, free of any objectionable noise, odors and nuisances, and that all health and police regulations shall be, in all respects and at all times, fully complied with by Tenant. In addition, Tenant agrees to abide by all rules and regulations established by Landlord from time to time with respect to the Shopping Center and/or the Premises. Tenant agrees to be open for business daring the normal,operational hours of the Shopping Center, as specified by Landlord. Landlord may require that Tenant use a professional visual presentation and/or display person to initially set up the Premises. Only approved fixtures, props and signage may be used in the set-up, display and clay-to-day operation of the Premises. E. Taxes, Pees &Utilities: Tenant is responsible for the repair and maintenance of any and all utilities and/or equipment. Tenant shall pay for their utilities in each and every month that charges exceed $300.00 (three hundred dollars and zero cents). Should charges exceed $300.00 in any giver month, tenant will pay the excess charges immediately, upon receipt of invoice from Landlord. Any and all taxes, fees and assessments, including but not limited to utilities, license fees, fees for permits, profits, sales or use taxes, personal property taxes, or any other taxes which may be levied or assessed on the assets, business or capital of Tenant's income therefrom, by any duly constituted government authority, shall be borne and paid for solely by Tenant. STLAGRMT Page 2 • • F. Indemnity/Insurance: Tenant covenants that Landlord shall not be liable for, and Tenant shall defend with counsel satisfactory to Landlord, indermnify and protect Landlord from any claim, demand, liability, judgment, award, fine, mechanic's lien of other lien, loss, damage, expense, charge or cost of any kind or character (including actual attorney fees and court costs) arising fi•om the repair, use occupancy or enjoyment of the Premises by Tenant, its respective contractors, agents or invitees (hereinafter "Claims"). Tenant further covenants and agrees that it will carry and maintain, during the entire term hereof, at Tenant's sole cost and expense, the following types of insurance, in the amounts specified and in the form hereinafter provided: Comprehensive General Liability and Property Damage Insurance: Tenant shall procure and maintain it fiill force and effect, at its sole cost, comprehensive general liability and maintain in full force and effect, at its sole cost, comprehensive general liability insurance with limits of no less than Two Million Dollars ($2,000,000.00) combined each occurrence and in the aggregate insuring against any and all liability of the insured with respect to said Premises or arising out of maintenance, use or occupancy thereof. Additionally, the premise will be added to the City's list of properties. Property Damage Liability Insurance: Tenant shall procure and maintain property damage liability insurance with a limit no less than Five Hundred Thousand Dollars ($500,000.00) per accident or occurrence. All such bodily injury liability shall specifically insure the performance by Tenant of the indemnity agreement as to liability for injury to or death of persons and injury or damage to property described in this-Section. Additionally, the premise will be added to the City's list of properties Prior to commencing Tenant's work in the Premises, Tenant shall provide Landlord appropriate certificate(s) of insurance naming Landlord, Landlord's Agent, and Landlord's first mortgagees or beneficiary as "additional insureds". G. Assignment: It is expressly agreed that Tenant shall not have the right to assign or sublet the Premises, its rights nor delegate its duties under this Lease. Any violation of this provision shall automatically terminate this Lease. H. Condition of Premises: .Tenant accepts the Premises in an "as is" condition of the date hereof. Upon vacating the Premises, Tenant shall surrender the Premises to Landlord in the same condition as the Premises was delivered to Tenant. Tenant shall be responsible for all repairs required by the normal wear and tear of the Premises, damage caused by the removal of Tenant's trade fixturesb personal property, as well as, those occasioned by the negligent acts of Tenant or its agents. I. Tenant's Work: Tlris paragraph sets forth the minimum standard of performance for Tenant's improvements of the Premises. Tenant certifies that all workmanship will be performed, and fixtures and equipment installed in a manner consistent with professional standards. Prior to occupancy, Tenant will deliver to Landlord, general lien releases from Tenant's contractor and subcontractors. Tenant agrees to install carpet, at its' sole cost and expense. Should landlord find it necessary to re-locate tenant prior to October 31, 2001 to an on-improved unit requiring flooring, Landlord will provide, at Landlord's expense, like flooring. Prior to commencing business in the Premises, Tenant shall submit to Landlord for Landlord's prior written approval a scaled drawing for Tenant's signage or advertising material that is to be affixed to the exterior portion of the Premises by Tenant. Said drawing shall include dimensions, color and material to be used. Landlord shall deliver in a timely manner to Tenant any reasonable, specific objections together with proposed solutions to each objection. STLAGRMT Page 3 All material installed and personal property shall be removed by Tenant upon surrender of the Premises. Tenant shall not conduct "Quitting Business", "Lost Our Lease", "Bankruptcy", or other sales of this nature on the Premises. i J. Permits: Tenant shall obtain any and all permits, licenses and authorizations which may be required by any and all governmental authorities with respect to the use and occupancy of the Premises. All installations and equipment used by Tenant shall be maintained and installed in strict conformity with the requirements of the Board of Fire Underwriters, as well as local, state and federal laws, rules and regulations. K. Rules and Regulations: Tenant and its employees may use the parking and common areas in common with other persons during the term of this Agreement, subject to such rules and regulations as Landlord shall promulgate from time to time; provided, however, that employees shall park only in designated areas, and that no overnight parking is allowed. L. Default: In the event Tenant shall default in the performance of any covenants or agreements of this Agreement and such default shall continue for three (3) days after written notice thereof, or if Tenant shall become bankrupt or insolvent or any debtor proceedings be taken by or against Tenant, then Landlord, in addition to any and all other legal remedies and rights, may terminate this agreement and retake possession of the Premises in which event Tenant shall pay to Landlord the cost of reasonable repairs and expenses Landlord may incur to relet the Premises. r aeh$iFef TenaA#,--4i@+@by s6#@n,...+ _,._,l .. va.... ,L. a duly Pam' > wate twkes haw b@014e e o �lib'R�=1u,u�-,'•:ll_1�.51 7....�.�dd�u7��d�,a-. N. Entire Understanding of the Parties: The making, execution and delivery of this Agreement by Tenant has been induced by no representation other than those herein expressed. This Agreement embodies the entire understanding of the parties and there are no further agreements, written or oral, in effect between the parties relating to the subject matter hereof. This instrument may be amended or modified only by instrument of equal formality signed by the respective parties. O. Governing Law, Entirety of Agreement and Partial Invalidity: This Agreement shall be governed by the laws of the State of California. If any provision in this Agreement is held by any court to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in fall force and effect. P. Waiver: Waiver by Landlord of any breach of any terns, covenant or condition herein contained shall not be deemed a waiver of any subsequent breach of the same or any other term, covenant or condition herein contained. Q. Landlord shall have the right to require Tenant to relocate to other Premises in the Shopping Center, not more than thirty (30) days after the date of such notice by Landlord to Tenant. In the event such relocation is not acceptable to Tenant, Tenant shall have the right to cancel this Lease by notice to the Landlord within thirty(30) days after the date of such notice to Tenant from landlord, on which date this Lease shall terminate and neither Landlord nor Tenant shall have any liability hereunder arising or accruing after such date. In the event Tenant is relocated, Landlord agrees that it will pay for all reasonable out-of- pocket expenses necessary to relocate Tenant in such new space. All other terms and conditions of the lease will remaui in full force and effect. R. Attorney's Fees: If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable STLAGRMT `• ' Page 4 • • attorney's fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled. S. Notices: All notices, demands or other writing required herein shall be in writing and may be given(i) by personal delivery; or (ii) by Certified or Registered Mail. To Landlord: Lamar Palms Associates, L.P. Palm Springs Mall 2365 Tahquitz Canyon Way Palm Springs, CA 92262 To Tenant: City of Palm Springs Police Department Att: Chief Lee Weigel 200 South Civic Drive Pahn Springs, CA 92262 IN WITNESS WHEREOF, the parties hereto have entered into this Agreement on the day and year first above written. LANDLORD LAMAR PALMS ASSOCIATES, L.P., A California limited partnership By: LAMAR SPRINGS, LLC, A California limited liability company Its general partner By: Mark P. Kalkus, Managing Partner TENANT: City of Palm Springs ("� ` '�tticrroev William Kleindienst, Mayor Dated: /ra"/i/�V �od STLAGRMT Furst Commercial Real Estate,Inc. Copy to Notice Address if different: Palm Springs Police Dept. Palm Springs Police Dept. d/b/a ,4 200 S. Civic Drive 2345-"rahquitz Canyon Way Palm Springs, CA 92262 Palm Springs, CA 92262 Re: Palm Springs Mall -SWC Tahquitz Canyon Way and N. Farrell Drive, Palm Springs, CA 92262 Notice of Change In Ownership - Rental Payment & Maintenance Information Dear , c/o Chief Lee Weigel: On /''a-/�1-/ownership of the above referenced property transferred to Palm Springs Mall, LLC. The new Owners have appointed Furst Commercial Real Estate, Inc. as managing agent for the property. Pursuant to the notice clause in your lease agreement, you are hereby instructed to direct all written communications concerning your lease, as well as make all current and future rental payments, and any other sums due according to your lease, to the Owner at the following address: Palm Springs Mall, LLC C/o Furst Commercial Real Estate, Inc. 23166 Los Alisos Boulevard, Suite #234 Your check or money order should be made payable to: Palm Springs Mall, LLC. The federal tax identification number for the center Ownership is 75-2525826. To receive proper credit for rent paid, you must include your address and suite number on your check. Do not pay or send your rent to anyone other than the above location or you will be held liable for the rental amount and any late fees that are applicable. Your lease provisions require you to provide the Landlord with current proof of insurance. Since there has been a change in ownership, you must submit within ten (10) days of the date of this letter an original Certificate of Insurance issued by your insurance broker, naming Palm Springs Mall, LLC and Furst Commercial Real Estate, Inc. as additional insured. Please see to it that this request is fulfilled within the specified time mentioned above. 23166 Los Alisos Blvd., Suite 234, Mission Viejo, CA 92691 (949) 587-2250 • Fax (949) 587-2252 A • Furst Commercial Real Estate,Inc. Letitia Collins will remain as the on-site Property Manager and she will assist you with any maintenance concerns. You may contact Letitia Collins during normal business hours at (760) 327-1319; Fax # (760) 327-3722. The management office address is as follows: Palm Springs Mall Attn: Letitia Collins, Property Manager Furst Commercial Real Estate, Inc. 2365 Tahquitz Canyon Way Palm Springs, CA 92262 If you experience an after-hours emergency, dial (760) 327-1319 and a recording will direct your call to a management employee on duty. If you have any other questions regarding your rental account or lease agreement, I am available to assist you during normal business hours. Call John Goodrich or Michael Furst direct at (949) 587-2250. On behalf of the Ownership and Furst Commercial Real Estate, Inc., we appreciate your tenancy and look forward to meeting you in the near future. Sincerely, Sincerely, Michael B. Furst Palm Springs Mall, LLC J n Goodrich Operating Member As et Manager 23166 Los Alisos Blvd., Suite 234, Mission Viejo, CA 92691 (949) 587-2250 9 Fax (949) 587-2252 DATE: OCTOBER 18, 2000 TO: CITY COUNCIL FROM: C. LEE WEIGEL, CHIEF OF POLICE SUBJECT: COMMUNITY POLICING SATELLITE OFFICES RECOMMENDATION: Approval of a lease between the City of Palm Springs and Lamar Companies (Palm Springs Mall) for a Community Policing Satellite Office to locate the D.A.R.E. and P.A.L. programs. And, approval of a lease between the City of Palm Springs and Del Mar Properties I (2400 N. Palm Canyon) to locate an additional Community Policing Satellite Office. BACKGROUND: To further enhance our visibility and accessibility through our community policing outreach efforts the Police Department has identified two off-site locations to serve as Community Policing Satellite Offices. The first location is at the Palm Springs Mall, 2363 Tahquitz Canyon Way. The mall owner, Lamar Companies, has offered a storefront office to house the D.A.R.E. and P.A.L. programs at no cost to the City. The 1245 square foot office comes complete with storage space, a bathroom and a monthly credit of$450 (four hundred and fifty dollars) toward utilities. The office will be furnished through existing Department furniture and equipment and community donations. The second location is at 2400 N. Palm Canyon Drive, Suite C7. The center owner, Del Mar Properties I, has also offered at no cost to the City, a 960 square foot storefront office. This location will be unmanned and will be used primarily as a community meeting place for officers to host neighborhood groups and other community events. In addition patrol officers will have keys to the office to allow them to use the location for report writing and telephone follow-ups. Although the rent for both offices is free we anticipate minimal start-up costs for the offices, such as supplies and related items not to exceed $5000. These funds will come from the Department's current budget. No additional budget appropriation is necessary. Both leases are month to month agreements and the City will cover site liability for each office. C. LedWeigel Approv<_�__ei City Manager Attachments: 1. Minute Orders qA ACORD.M C TIFICA F LIABILITY INSiTRANG. tCOVERAGE o5123f0,D/YY, PRODUCER THIS CERTIFICATE IS ISSUED AS A MFORMATION Aon Risk Service Inc. of Northern California ONLY AND CONFERS NO RIGHTS UPOFICATE 199 Fremont Street Suite 1J]OD HOLDER.THIS CERTIFICATE DOES NXTEND OR San Francisco CA 94105 USA ALTER THE COVERAGE AFFORDED BIES BELOW. INSURERS AFFORDING INSURED INSURER American Safety Risk Retention Group City of Palm Springs mSURERB 3200 E. Tahquitz Canyon Way Palm Springs CA 922620000 USA INSURER INSURER D INSURER COVERAGES This Certificate Is not intended to specify all endorsements,coverages,terms,conditions and exclusions oflhe policies Shown. SIR May Apply THE POLICIES OF INSURANCE LISTED BELOW RAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,"PERM OR CONDITION OFANY CONTRACTOR OTHER DOCUMENT WITH RESPECT 7O WHICH'tEIS CERTIFICATE MAYBE ISSUED OR DAY PERTAIN,THE INSURANCE.AFFORDED BY THE POLICIES DESCRIBED HEREIN'IS SUCIEC'TTO ALL THE TERMS,EXCi.USIONv AND - CONDIT IONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSH POLICYEFFECTIYE POLICYKXPIRADON RJR TYPE OF INEURANCE POLICYNREIBER DATEOVUJDWY) DATEDINNODWY) LIMITS GENERAL LIABILITY EACH OCCURRENCE COMMERCIAL GENERAL LIABILI I Y FIRE DANIAGE(Anv an Ere) CLAIMS MADE❑OCCUR KIND EXP(Anv one vcrsonl PERSONAL&I ADV INJURY GENERAL AGGREGATE GEN'L AGGREGAI E LIMIT APPLIES PER POLICY u II II II uII lEC'r LOC AUTOMOBIUr,LIABILITY COMBINED SINGLE LIMPr ANY AUTO (Ell au hnB ALL OWNED AUTOS BODILY INJURY SCI IEDULLID AUTOS (Per Ixrsm) HIRED AUTOS BODILY INJURY NON OWNED AUTOS (1'er acalOenD PROPERTY DAMAGE (Peramdmu) OAR\GE LCOaLITY AUTO ONLY-FA ACCIDENT ANY AUTO OTHERTIIAN EA ACC AUTO ONLY AGG A EXCESS LIABILITY 14AHM0000000005001 7/1/00 7/l/01 EACHOCCUIIRENCE $1r OO D,000 E.,eAP Liabili Cv X occult ❑ CLAMS MADE AGGREGATE $1,000,000 DEDUCTIBLE �! RE TEN MON $ $250,000 W0111,1J0.SCOMPENS"ION 6YD WC STAM OTH- EiMPLOYERS'LIABILITY rORY LIMITS ER EL EACH ACCIDENT E L DISEASE POLICY LIMIT F:L DISEASE-EA EMPLOYEE GIIILI I2 IJISSCRI PTION OF OPFRA I IONS/LOCA"I IONS/VEHICLES/EXCLUSIONS ADDED BY FNDORSEMEN11SPECIAL PROVISIONS The Cef Lificate Holders are included as Additional Insureds as respects Palm Spring's Police Departments DARE office located in the Palm Springs Mall. - - - CERTIFICATE HOLDER CANCELLATION ' M IOULD ANY OF TH E ABOVE DESCH BED POLICIES BE aNCELLED BEFORE;THE EXPURA I ION DATE TIIEREOD TIIE ISSUING COMPANY WILL ENDEAVORTO MAIL Palm SDrings Mall, LLC 10 DAYS WRIT FEN NOTICE TO THE(EBEL PICAl'E HOLDER NAMPO TO THE I AT Furst Commercial Real Estate BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY Attn: Letitia D. Collins OF!WY KIND UPON ME COMPANY ITAGENTSOREEPRFSEN"rATIVES 2365 'Tahquitz Canyon Way AUTHORIZEDREPRESENTATIVB Palm Springs CA 92262 USAF.' ACORD 25-S 7/97 ACORD CORPORATION 1938 Certificate No : 26000014 7468 Holder Identifier POLICY NUMBER: 14ANM0000000O005001 COMMERCIAL GENERAL LIABILITY CG 20 10 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: Palm Springs Mall, LLC and Furst Commercial Real Estate (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. RE: Palm Spring's Police Departments DARE office located in the Palm Springs Mall. CG 20 10 10 93 Copyright Insurance. Services Office Inc., 1992