HomeMy WebLinkAboutA3598 - CORPORATE YARD RENTAL AGREEMENT City of P.S. Corporate Yard
Rental Agr - Yr-to-Yr Term
AGREEMENT #3598
R18708, 10-11-95
RENTAL AGREEMENT
THIS RENTAL AGREEMENT (this "Agreement") is made and entered into this /*day of
1 99_S("Agreement Date"), by and between Palm Springs Regional Airport
('Landlord") and The City of Palm Springs ("Tenant").
RECITALS:
WHEREAS Landlord and Tenant wish to formalize an Agreement for the use of Landlord's
property by Tenant for the City of Palm Springs Corporate Yard; and
WHEREAS said Corporate Yard provides building maintenance, vehicle maintenance, landscape
maintenance, purchasing and warehousing for the benefit of the Tenant as well as the
Landlord,
NOW, THEREFORE, the parties hereto agree as follows:
1 . DEMISED PREMISES: The "Demised Premises" shall refer to that certain real property
located in the County of Riverside, State of California as more particularly described ill
Exhibit "A" hereof and as depicted on the Plot Plan attached as Exhibit "B".
2. USE OF DEMISED PREMISES: The Demised Premises and the facilities constructed
thereon shall be utilized for governmental maintenance and service operations that
benefit the Tenant and Landlord.
3. TERM: The term of this Agreement shall be on a year-to-year basis with automatic
renewal continuing to occur so long as Tenant makes annual rental payments/offsets.
4. RENTAL: Tenant shall pay to Landlord base annual rental at $0.235 per square foot iu
lawful monies of the United States of America; in credits based on Tenant's actual cost
of acquiring property on behalf of the Airport; and/or in credits for improvements or
studies benefiting the Airport provided by sources other than the Airport, FAA or
Passenger Facility Charges, as follows:
October 1, 1995 through September 30, 1996 $ 97,211/annum
Every fifth year anniversary of the date this Agreement was executed, the rental rate
shall be adjusted in proportion to changes in the Consumer Price Index (All Urban
Consumers (all items), for the Los Angeles-Anaheim-Riverside Metropolitan Area, 1 982-
84 = 100). Every tenth anniversary, a letter appraisal shall be acquired and said
appraisal shall be basis for additional adjustment to the rental rate.
5. TERMINATION: Either party may terminate this rental agreement by providing 60 days
notice in writing to the other party.
6. NON-DISCRIMINATION & FAA REQUIRED CLAUSES:
(a) Tenant for himself, his heirs, personal representatives, successors in interest,
and assigns, as a part of the consideration hereof, does hereby covenant and
agree "as a covenant running with the land" that in the event facilities are
constructed, maintained or otherwise operated on the said property described
in the lease for a purpose for which a DOT program or activity is extended or
for another purpose involving the provision of similar services or benefits, the
Tenant shall maintain and operate such facilities and services in compliance
with all other requirements impose pursuant to Title 49, Code of Federal
Regulations DOT, Subtitle A, Office of the Secretary, Part 21,
Nondiscrimination in Federally-Assisted Programs of the Department of
Transportation-effectuation of Title VI of the Civil Rights Act of 1964, and as
said Regulations may be amended.
(b) The Tenant for himself, his personal representatives, successors in interest, and
assigns, as a part of the consideration hereof, does hereby covenant and agree
.,as a covenant running with the land" that: (1) no person on the grounds of
race, color, or national origin shall be excluded from participation in, denied the
benefits, of or be otherwise subjected to discrimination in the use of said
facilities, (2) that in the construction of any improvements on, over, or under
such land and the furnishing of services thereon, no person on the grounds of
race, color, or national origin shall be excluded from participation in, denied the
benefits of, or otherwise be subject to discrimination, (3) that the Tenant shall
use the premises in compliance with all other requirements imposed by or
pursuant to Title 49, code of Federal Regulations, Department of
Transportation, Subtitle A, Office of the Secretary, Part 21, nondiscrimination
in Federally-Assisted Programs of the Department of Transportation-Effectuation
of Title VI of the Civil Rights Act of 1964, and as said Regulations may be
amended.
(c) That in the event of (breach of any of the above nondiscrimination covenants,
landlord shall have the right to terminate the lease, and to reenter and
repossess said land and the facilities thereon, and hold the same as if said lease
had never been made or issued. This provision does not becorne effective until
the procedures of 49 CFR Part 21 are followed and completed including
expiration of appeal nights.
(d) Tenant shall furnish its accommodations and/or services on a fair, equal and not
unjustly discriminatory basis to all users thereof and it shall charge fair,
reasonable and not unjustly discriminatory prices for each unit or services;
provided that the Tenant may be allowed to make reasonable and
nondiscriminatory discounts, rebates or other similar type of price reductions to
volume purchasers.
(e) Non-compliance with Provision 4 above shall constitute a material breach
thereof and in the event of such non-compliance the Landlord shall have the
right to terminate this lease and the estate hereby created without liability
therefore or at the election of the Landlord or the United States either or both
said Governments shall have the right to judicially enforce provisions.
(f) Tenant agrees that is shall insert the above five provisions in any sublease or
contract by which said Tenant grants a right or privilege to any person, form or
corporation to render accommodations and/or services to the public on the
premises herein leased.
(g) The Tenant assures that it will undertake an affirmative action program as
required by 14 CFR Part 152, Subpart E, to insure that no person shall on the
grounds of race, creed color, national origin, or sex be excluded from
participating in any employment activities covered in 14 CFR Part 152, Subpart
E. The Tenant assures that no person shall be excluded on these grounds from
participating in or receiving the services or benefits of any program or activity
covered by this Subpart. The Tenant assures that it will require that its covered
sub-organizations provide assurances to the Tenant that they similarly will
undertake affirmative action programs and that they will require assurances
from their sub-organizations, as required by 14 CFR Part 152, Subpart E, to the
same effort.
(h) The Landlord reserves the right to further develop or improve the landing area
of the Airport as it sees fit, regardless of the desires or view of the Tenant and
without interference or hindrance.
0
(1) The Landlord reserves the right, but shall not be obligated to the Tenant to
maintain and keep in repair the landing area of the airport and all publicly-owned
facilities of the airport, together with the right to direct and control all activities
of the Tenant in this regard.
(j) The Lease shall be subordinate to the provisions and requirements of any
existing or future agreement between the Landlord and the United Stales,
relative to the development, operation or maintenance of the airport.
(k) There is hereby reserved to the Landlord, its successors and assigns, for the
use and benefit of the public, a right of flight for the passage of aircraft in the
airspace above the surface of the premises herein (leased, licensed, permitted).
This public right of flight shall include the right to cause in said airspace any
noise inherent in the operation of any aircraft used for navigation or flight
through the said airspace or landing at, taking off from or operation on the Palm
Springs Regional Airport.
(1) Tenant agrees to comply with the notification and review requirements covered
in Part 77 of the Federal Aviation Regulation in the event future construction
of a building is planned for the leased premises, or in the event of any planned
modification or alteration of any present or future building or structure situated
on the leased premises.
(m) The Tenant, by accepting this, expressly agrees for itself, its successors and
assigns that it will not erect nor permit the erection of any structure or object,
nor permit the growth of any tree on the land leased hereunder above the mean
sea level elevation of 530 feet. Landlord reserves the right to enter upon the
land leased, hereunder and to remove the offending structure or object and cut
the offending tree, all of which shall be at the expense of the Tenant.
(n) The Tenant, by accepting this Lease, agrees for itself, its successors and
assigns that it will not make use of the lease premises in any manner which
might interfere with the landing and taking off of aircraft from palm Springs
Regional Airport or otherwise constitute a hazard. In the event the aforesaid
covenant is breached, the owner reserves the right to enter upon the premises
here leased, and cause the abatement of such interference at the expense of
the Tenant.
(o) It is understood and agreed that nothing herein contained shall be construed to
grant or authorize the granting of an exclusive right within the meaning of
Section 308a of the Federal Aviation Act of 1958 (49 U.S.0 1349a).
(p) The lease, and all the provisions hereof shall be subject to whatever right the
United States Government now has or in the future may have or acquire,
affecting the control, operation, regulation and taking over of said airport or the
exclusive or non-exclusive use of the airport by the United States during the
time of war or national emergency.
7. MAINTENANCE AND REPAIRS: Tenant shall at all times during the term hereof, and
at Tenant's sole cost and expense, keep, maintain and repair the Demised Premises
and other improvements upon the Demised Premises in good and sanitary order,
condition and repair.
8. FIRST RIGHT OF REFUSAL/ACCESS RIGHTS Exhibit "B" to this Rental Agreement
depicts an approximate 2 acre parcel labeled "Rental Car Storage". Should Landlord
receive an offer for a long-term lease on this parcel, Tenant shall have a first right of
refusal to lease said acreage. Tenant shall maintain a right of access across the parcel
at all times.
IN WITNESS WHEREOF, the parties have duly executed this Agreement together with
the herein referred to Exhibits which are attached hereto, on the day and year first above
written in Palm Springs, California.
ATTEST: CITY F PALM SPRINGS, a icipal corporation
"TENA
v City Clerk City Manag r
REVIEWED & APPROVED AS TO FORM
PALM SPRINGS REGI NAL AIRPORT
"LANDLORD"
By: AJ4
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EXHIBIT 4A
CITY YARD PARCEL
LEGAL DESCRIPTION
These certain portions of Section 13, Township 4 South, Range 4 East, San Bernardino Base and
Meridian, in the City of Palm Springs, County of Riverside, State of California, being more
particularly described as follows:
Commencing at the Northeast corner of said Section 13, thence along the northerly line of
Section 13, South 89°48'00" West a distance of 1,470.10 feet; thence South 00°06'44" West
a distance of 1,079.51 feet; thence North 89"53'16" West of distance of 25,00 feet to a point
on the westerly right-of-way of Civic Drive, said point also being the TRUE POINT OF
BEGINNING; thence north 89°53'16" West a distance of 464.05 feet to a point; thence North
00°03'04" East a distance of 1,036.85 feet to a point; thence North 89°48'00" East a distance
of 203.17 feet; thence South 00°06'44" West a distance of 262.00 feet; thence North 89°48'00"
East a distance of 262.00 feet to a point on the westerly right-of-way of Civic Drive; thence
along said westerly right-of-way South 00°06'44" West a distance of 777.37 feet to the TRUE
POINT OF BEGINNING. Said parcel containing 9.4965 acres. Basis of bearing is the
northerly line of the East 1/2 of said Section 13 bearing, North 89°48'00" East.
EXHIBIT B
40' LN89"47'20"E 668.70'
S89'48'00 LW 668.771337.54' 12�
ALEJO ROAD 536.21 '
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203.1 262.00' X
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MY YARD PARCEL
SCALE: 1" a 200'
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