HomeMy WebLinkAbout02389 - RIVERSIDE COUNTY LEASE POLICE COURT BUILDING LEASE TAHQUITZ CIVIC -o
Kathie Hart
From: Tom Wilson VO
Sent: August 03, 2010 8:22 AM
To: Kathie Hart
Subject: RE: A2389 -County of Riverside
Kathie---Yes, as far a I know... TomW O ��
From: Kathie Hart
Sent: Monday, August 02, 2010 5:31 PM
To: Tom Wilson
Cc: Jay Thompson
Subject: A2389 - County of Riverside
Tom:
This agreement expired in 2007; may I close it?
3ffi9 Lease former Poke"a SE comw TaftqLdtz&Civic 071OV t986 UJ31 07
Company Dame: County Of Riverside
Address: 3133 Mission Mn Avenue, 3133 Mission Linn Avenue,Rlvei" de„CA 92607-4199
Group: CITY MANAGER
Srrvice: In File
XR61' CITE'MANAGER
Inss.''��alus: A icy has Expired..
/��
Kathie Hart, CMC
Chief Deputy City Clerk
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs,CA 92262
T (760)323-8206 1 g (760)322-8332
G��. Kathie.Hart@PalmSpringsCA.gov
Please note that City Hall is open 8 a.m. to 6 p.m.Monday through Thursday,and closed on Fridays at this time.
nQMI/1 n
DOCUMENT TRACKING
Page:1
Report: One Document Detail August 3,2010
Condition: Document Number a2389,
Document# Description Approval Date Expiration Date Closed Date
A2389 Lease former Police Blge SE comer Tahquitz&Civic 07101/1986 12/31/2007
Company Name: County Of Riverside
4ddress: 3133 Mission Inn Avenue, 3133 Mission Inn Avenue,,Riverside,CA 92507-4199
Jroup: CITY MANAGER
Service: In File
(Ref: CITY MANAGER
ns.Status: A policy has Expired.
Document Tracking Items:
Due Completed Tracking Amount Amount
Code Item Description Date Date Date Added Paid
Converted from Fastrack v6.15 data.
Track Notes: Res 16086,01-07-87
see extension Itr from CA 04/06/2006
Res 16086,01-07-87
Amend 1 MO 7972 12/06/2006
kdh Amend 1 recv'd-pending-need Exhibit 02/06/2007
kdh Amend 1 to CM for sig 02/08/2007
kdh Amend 1 ret to JR for County sigs 02/13/2007
kdh Amend 1 fully executed agr in file 04/03/2007
kdh note to Tom W-ok to close? 05/01/2009
***ENDOFREPORT******
RN TO:
TY
c ' PALMLSPRN� FIRST AMENDMENT TO LEASE
BOX 2743
PALL RINGS,CA 92263
Community Health Agency
3 3111 East Tahquitz Way, Palm Springs, California
4 COUNTY OF RIVERSIDE, herein called County, and CITY OF PALM
SPRINGS, herein called Lessor, hereby agree to amend that certain Lease dated
5 January 13, 1987, pertaining to the premises located at 3111 East Tahquitz Way,
Palm Springs, California, as more particularly shown on Exhibit "A", attached to the
6 Lease, as follows.-
7 1. Term.
s (a) Pursuant to Section 1 of the Lease, the Term of Lease was
9 extended effective as of July 1, 2006, on a month to month tenancy, for a period not to
exceed six months, with the expressed consent of the City.
10
(b) This Lease shall be extended for a period of one (1) year effective
11 as of January 1, 2007 and terminating December 31, 2007.
12 2- All other provisions of the Lease not otherwise affected by this First
Amendment to Lease shall remain the same.
13
3. This First Amendment to Lease shall not be binding or consummated
14 until its approval by the County's Board of Supervisors-
15 Dated: '�Y\Vt
16 ATTEST: CITY OF PALM SPRINGS
17
:*�_
is ty Clerk City Manager
196 Attest: COUNTY F R R I E ,p
20 Nancy Romero By:
Clerl e'Bo�d
21 11N M
TA GLI
Chair
hai an
72 By. Oa
of Supervisors APPROVED BY CI1Y COUNCIL_
23
MH:dI
12/12/06
PG003 24
10-562 r y m FORM APPROVED
25 " GS`.6 ""'' COUNTY COUNSEL
JAN 0 2 2007
I
MAR 2 0 2007
T- .M d L1 t Tz 4 1 k L C AL-L-U kk \I
4
OS89 s6.28''E z63.S$ i15.7µ
G
9 g
r. a
PO�Ie r_u o�
a
ll a
Nss' '2a w on.a r'
8 �/Nv.56 ti4T I1
1 [T e-L+EwERd N J I
Yi w N67 s9td`W $3.ap'
TG•26.go'
L•al.ale'
G�LO YOL.GE
/ �L�/L61NV
11 4r{
G }U
6 G e
f N
EXHIBIT "A'�
CITY OF PALM SPIUNGS
V REAL PROPERTY 0IV1810N
f
PPRWE0 ,
T� ERNIE G.BI.EVINS REAL pR0P5M. SPEI]ALIST
I-Q�PE2Ty 1�c,ti4c.o Y TMq GAu.rfY Oa GEyC+d BV SG.LE/ FILE NO.
CyIECNEG By OWG. NO,: SKEET Na
E.Ca.13. 1 OF
v 30 SUBMITTAL TO THE BOARD OF SUPERVISORS
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA ° i,,, �s •
FROM: Department of Facilities Management SUBMITTAL DATE:
February 2-11 .2007
SUBJECT: First Amendment to Lease--County of Riverside/City of Palm Springs, Lessor
RECOMMENDED MOTION: That the Board of Supervisors ratify the attached First
Amendment to Lease and authorize Chairman of the Board to execute same on behalf of the
County.
U
o BACKGROUND: On January 13, 1987, the County entered into a Lease for the facility located at
3111 Tahquitz Way, Palm Springs, for office space. This Lease is scheduled to expire on
December 31, 2006 and ,nould like to extend the Lease for another year_ This facility is occupied
by Community Health Agency (CHA). The First Amendme Lease will extend the Lease for one
(1) year effective as of January 1; 2007 and terminating ec b 3 , 2007,
C4 �::
(Continued on Page 2)
O
RF:MH:ss Robert Field, Director
10.594 Department of Facilities Management
FINANCIAL Current F.Y. Total Cost: $ 104,836 In Current Year Budget: Yes
DATA Current F.Y. Net County Cost: $ 87,044 Budget Adjustment: No
Annual Net County Cost: $ 87,044 For Fiscal Year: 06/07
SOURCE OF FUNDS: Federal 13.003%; State 3.9678%; Positions To Be El
Fund 83.0291%; Deleted Per A-30
Requires 415 Vote ❑
C.E.O. RECOMMENDATION: APPROVE PORM APPROVED
COUNTY COUNSEL
®o —o r RJ AN ® 2 2007
Ro- County Executive Office Signature
(D [
°N' N MINUTES OF THE BOARD OF SLIPLRVISORS
C G
O O
U U
❑ ❑ On motion of Supervisor Ashley, seconded by Supervisor Buster and duly carried, IT WAS
ORDERED that the above matter-is approved as recommended.
Ayes: Buster, Stone, Wilson, and Ashley
Nays: None Nancy Romero
Absent: Tavaglione Cie l eBoard
Date: March 20, 2007
E U xe: JKc. Mbmt., CIA Deputy
1 D
E
U
W
Q �
N a) _
o Prev:'Agn. Ref.:" District: 4 Agenda Number:
ATTACHMENTS FILED 3 ' 8
WITH THE CLERK OF THE. BOARD
Department of Facilities Management
First Amendment to Lease — County of Riverside / City of Palm Springs, Lessor
February 21 2007
Page 2
BACKGROUND: (Continued)
The attached First Amendment to Lease is summarized below:
Lessor's Address: City of Palm Springs
P.O. Box 2743
Palm Springs, California 92263-2743
Location: 3111 Tahquitz Way, Palm Springs, California
Term: Effective as of January 1, 2007 and terminating December
31, 2007
Size: 14,306 square feet
Rent: New
$ 1.17 per square foot
$ 16,800.64 per month
$201,607.68 per year
Utilities: County shall pay for all services.
Custodial Services Lessor provides.
Maintenance: Lessor provides.
Parking: The landlord shall provide twenty (20) parking spaces, of
which three (3) shall be identified as reserved. The cost of
the parking has been factored into the base rent.
Option to Option to terminate related to reduced or unavailable
Terminate: funding with sixty (60) days' advanced notice to Lessor.
RCIT Cost: None
Tenant Landlord shall repair sliding door in lobby and will repaint
Improvements : the following: six committees' room, lunch room and main
hall.
Market Data: 3403 Tenth Street, Riverside 2.05 FSMG
3880 Lemon Street, Riverside 2.10 FSMG
3850 Vine Street, Riverside 1.95 FSMG
The attached First Amendment to Lease has been approved as to form by County
Counsel.
n i
City of Palm Springs
J
Office of the City Attorney �3
<?, A If !n °$i'' 3200 E Tahgwtz Canyon Way • Palm Springs,California 92262 °
°+x ICl'I'Qft��" <S''
3-0
TEL: (760)323-8211 • FAX. (760)323-8207 • Web: www a.palm-sptings.ca us
April 6, 2006
Ms. Susan Echito, Supervising Real Property Agent
Facilities Management, Real Estate Division
County of Riverside
3133 Mission Inn Avenue
Riverside, CA 92507-4199
Re: Lease Agreement for Property Located at 3111 E. Tahquitz Canyon Way
Dear Ms. Echito:
I am in receipt of your request to remain on a month-to-month tenancy in the City owned
property referenced above for a period of time not-to-exceed six (6) months. Pursuant
to Section 1 of the Lease Agreement between the City and County dated July 1, 1986,
the City hereby consents to your request to a hold over in tenancy, subject to the terms
and conditions of the existing lease agreement. This hold over term is limited to a six
(6) month period commencing July 1, 2006, and ending December 31, 2006. During the
hold over term, the County shall continue to pay City a base rent and energy cost as
prescribed by the lease agreement. If for any reason the County is unable to vacant
said property at the end of the hold over terra, the City may entertain a lease
amendment or new lease agreement to extend the County's use of this property. Under
no circumstances will the City allow the County to hold over its property beyond the six
(6) months provided in the lease agreement.
Please be advised that at the expiration of the hold over term, the County shall quit and
surrender the City's property in a good state of repair or in its original condition as it was
initially leased. Furthermore, the County shall have thirty (30) days to remove all
personal property from the City's property. Any personal property not removed or
disposed of will be considered abandoned and the City may dispose of same at the
County's expense.
Post Office Box 2743 0 Palm Springs, California 92263-2743
a
f
I hope that these terms and conditions are acceptable. If you have any questions
regarding this correspondence or need further assistance with this matter, please
contact my office.
Sin( rel ,
Dougl s C. Holland
City ttorney
cc: David H. Ready, City Manager
Troy Butzlaff, Assistant City Manager, Administration
2
IFILE NO. R-85-023 �unty of Riverside lease of
12-15-86 rmer Police Bldg, SE crnr
Tahq-McCallum & Civic
AGREEMENT #2389
LEASE AGREEMENT Resolution 16086, 1-7-87
THIS LEASE, dated July 1, 1986, between City of Palm Springs (or City)
(Lessor) , and County of Riverside (or County) (Lessee) , is based upon the
following;
RECITALS OF FACT:
A. Lessor is the owner of certain premises and improvements in the City of
Palm Springs, County of Riverside, State of California, located at the
southeast corner of Tahquitz-McCallum Way and Civic Drive.
B. Lessee desires to lease said premises and improvements to operate County
offices and facilities.
AGREEMENT: Lessor, in consideration of the rentals hereinafter agreed to be
pai by Lessee, and the covenants herein contained, hereby leases to the
lessee the exclusive right to operate offices and related facilities on a
portion of the property owned by the City, said property being delineated on
the plat marked Exhibit "A" and legally described in Exhibit "B", which
Exhibits "A" & "B" are attached hereto and incorporated herein as though fully
set forth, UPON THE FOLLOWING TERMS AND CONDITIONS:
1. TERM
The term of this Agreement shall be for a period of twenty (20) years com-
mencing on July 1, 1986 and ending on June 30, 2006. County shall have the
right of first refusal as to the renewal of this lease agreement at the
expiration of said term at what terms and conditions Lessor may then offer.
Should Lessee hold over after the expiration of the term or any extension
thereof with the express or implied consent of the Lessor, such holding-over
shall be deemed to be a tenancy from month-to-month at the rent then in
effect, for a period not to exceed six months, 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 remove from said premises, or otherwise dispose of in a manner
satisfactory to Lessor, all personal property, belonging to Lessee located on
said premises. Should Lessee fail to remove or dispose of its personal
property as herein provided, Lessor may, at its sole option, consider such
personal 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 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, or shall return the premises to its original
state, at the Lessee's sole expense.
The Lessee will take physical possession of the premises on July 1, 1986.
Utility costs for the facility will be taken over by the Lessee effective July
1, 1986.
2. RENT
The total base rent, exclusive of all energy costs paid to the Lessor which
shall be solely governed by the terms of the "AGREEMENT FOR EXCLUSIVE PURCHASE
OF THERMAL ENERGY AND ELECTRICITY" and attached to this document as Exhibit
"C" to this Lease, and exclusive of Fire and Extended Coverage Insurance
reimbursable to the Lessor pursuant to Paragraph 13 herein, for the first five
years is $591,939.30, payable in monthly installments of $5,192.45, beginning
on July 1, 1986 and continuing until December 31, 1986; and payable in monthly
installments of $10,384.90, beginning on January 1 , 1987 and continuing until
June 30, 1991. Commencing on July 1, 1991, and on each fifth annual
anniversary thereafter, the monthly rental shall be adjusted by an amount
equal to the percentage differential between the then current Consumer Price
Index (Los Angeles-Long Beach-Anaheim, All Urban Consumers, All Items)
published monthly by the U.S. Department of Labor for the month of May in the
year in which such anniversary occurs and the Consumer Price Index for the
, �
FILE NO. R-85-023 ! Page 2
12-15-86
same month in the year in which the last such adjustment took place; provided,
however, that the adjustment herein shall not increase or decrease
the monthly rent for the preceding year in excess of twenty-five percent (25%)
thereof. If the Consumer Price Index is discontinued or revised during the
term hereof, such other government index or computation with which it is
replaced shall be used in order to obtain substantially the same result as
would be obtained if the index had not been discontinued.
The total rent for the subject facility shall be the sum of the base rent as
set out in paragraph 2 herein, and all energy costs billed to Lessee by Lessor
and subject to the terms and conditions of Exhibit "C" hereof, and the cost of
Fire and Extended Coverage Insurance, subject to the terms and conditions of
paragraph 13 herein.
County shall pay the base rental to City on a monthly basis, in advance, on
the first day of the month or as soon thereafter as a warrant can be issued in
the normal course of County's business.
3. USE OF PREMISES
The subject property shall be used by the Lessee only for offices and
facilities that will accommodate its departments, and no other uses shall be
permitted except upon prior written consent of the City. Lessee expressly
agrees at all times during the term of this Agreement, at its sole cost and
expense, to maintain and operate such facilities in a clean, safe, wholesome
and sanitary condition, free of trash, garbage or obstructions of any kind and
in compliance with any and all present and future laws, general rules or
regulations of any governmental authority now or at any time during the term
of this Agreement, in force relating to sanitation or public health, safety or
welfare. Lessee shall remedy without delay any defective, dangerous or
unsanitary conditions, and Lessee shall at all times faithfully obey and
comply with all laws, rules and regulations applicable to this Agreement,
adopted by Federal , State or any other governmental bodies, departments or
officers thereof. This Agreement is expressly subject to codes and ordinances
of the City.
4. UTILITIES AND SERVICE
Except as otherwise provided by this lease, Lessee shall be responsible for
the installation and provision of all utilities on the property necessary to
and used in connection with the improvements on the property.
Lessee shall pay all utility charges including, but not limited to water,
fuel , gas, telephone, television and waste disposal services necessary to the
improvements on the property. The telephone number shall be placed in the
name of the Lessee. Lessee shall provide and incur all costs for all utility
requirements within the leased premises.
5. THERMAL AND ELECTRICAL ENERGY PURCHASERS
City shall furnish County, and County shall accept exclusively from City,
thermal and electrical energy under the terms and conditions as set forth in
that certain document entitled "AGREEMENT FOR EXCLUSIVE PURCHASE OF THERMAL
ENERGY AND ELECTRICITY AS PART OF THE MONTHLY LEASE PAYMENT" and which is
attached hereto as Exhibit "C" . Such terms and conditions as specified in
Exhibit "C" are to remain irrevocably in force so long as this lease shall be
in effect.
6. TAXES
County and City each acknowledge that the other is a governmental entity and
has no obligation, under current law, to pay property taxes. In the event
that a change occurs in the law to render the County subject to payment of
taxes, the following shall apply:
FILE NO. R-85-023 • i Page 3
12-15-86
All taxes, including possessory interest taxes, shall be the responsibility of
the Lessee. Lessee shall pay taxes, if any, on personal property and
improvements located on said premises.
7. REPAIRS AND MAINTENANCE
Lessee, at its sole expense, shall maintain and keep the property and improve-
ments, including, without limitation, windows, doors, skylights, adjacent
sidewalks, parking lots and pavement, heating, ventilation, and air
conditioning systems, and interior walls, in good repair. Lessee shall also
maintain the building roof and exterior walls, in good condition. Lessee
expressly waives all right to make repairs at Lessor' s expense under Section
1942 of the Civil Code, and all rights provided for by Section 1941 of the
Civil Code.
Plans and drawings to repair, mend and remodel the building or change or
modify the heating, ventilation and air conditioning systems are to be
approved by the City and they are subject to the codes and ordinances of the
City.
Notwithstanding any provisions contained herein, County shall not be
responsible to make any repairs and/or restoration to the subject property for
any damage caused by events or casualties which are beyond County's control
and otherwise renders the subject property, or a substantial portion thereof,
unusable, and in such event, County shall have the right to terminate this
lease agreement.
8. REMODEL OF BUILDINGS
The County shall , at County' s sole expense remodel the subject building in
accordance with any codes and standards that apply.
The City, at its sole expense, will be responsible for one installation of a
new roof on the building. It is understood and agreed that City and County
shall coordinate their respective remodeling requirements hereunder with each
other and/or through their respective contractors. Nothing herein is meant to
preclude County and City using the same contractor for said roofing. Nothing
herein shall preclude County contracting for said re-roofing, to be reimbursed
by City for the actual cost not to exceed $40,000.
At the inception of this lease, concurrent with the initial remodeling of the
building, the City will repair, slurry and stripe (i n accordance with a lay-
out plan developed by the City) the parking lot to the rear of the building
(south of the old Police building. )
The City will repair and re-stripe the front parking lot after expanding the
lot and making such modifications as developed by the City. Thereafter the
Lessee shall be responsible for roof and parking lot repair and maintenance.
9. LANDSCAPING
The City, at its sole expense, shall within a reasonable period after this
lease agreement is executed by the parties hereto, re-landscape the building
site in accordance with plans to be developed by City's Community Services
Department as approved by the Planning Division.
The City will be responsible for providing ground maintenance to the subject
property, including, but not limited to, lawn mowing, through January 1, 1987.
Thereafter, such maintenance will be performed by County.
10. LESSOR'S ENTRY FOR INSPECTION
City, through its duly authorized agents, shall have, at any time during
normal business hours, the right to enter and inspect the subject building.
FILE NO. R-85-023 Page 4
12-15-86
11. HOLD HARMLESS AGREEMENT
Lessee agrees to indemnify, defend and save City and its agents and employees
harmless from any and all liability, claims, damages or injuries to any
person, including injury to Lessee employees and all claims which arise from
or are connected with the negligent performance of or failure to perform the
work or other obligations of this agreement, or are caused or claim to be
caused by the negligent acts of Lessee, 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, its agents or
employees.
12. LIABILITY INSURANCE
Liability Insurance:
During the entire term of this agreement, Lessee agrees to procure and main-
tain public liability insurance at its sole expense to protect against loss
from the liability imposed by law for damages on account of bodily injury,
including death therefrom, suffered or alleged to be suffered by any person
from any act or activities of the City or Lessee, its sublessee or any person
acting for the City 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, or Lessee, or its sublessees, or any person acting for the City or
Lessee, or under its control or direction. Such public liability and property
damage insurance shall also provide for and protect the City 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 this lease and any extension thereof in the following
minimum limits:
Bodily Injury $ 500,000 each person
$1,000,000 each occurrence
$1,000,000 aggregate products &
completed operation
Property Damage $ 500,000 each occurrence
$ 500,000 aggregate
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 as an additional insured.
If the operation under this Lease results in an increased or decreased risk in
the opinion of the City Manager, then Lessee agrees that the minimum limits
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 days after any increase is requested and such requirement for
increased coverage shall be subject to determination by the City Council .
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.
Worker' s Compensation Insurance:
The Lessee shall procure and maintain, at its sole expense, Worker's Compensa-
tion 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 lease.
FILE NO. R-85-023 Page 5
12-15-86
Independence of Lessee:
It is understood and agreed that the Lessee is an independent governmental
entity, 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.
NO USE THAT INCREASES INSURANCE RISK
Lessee shall not use the property in any manner, even in its use for the pur-
poses for which the property is leased, that will increase risks covered by
insurance on the improvements located on the property, so as to increase the
rate of insurance on the improvements, or to cause cancellation of any insur-
ance policy covering the improvements. Lessee further agrees not to keep on
the property, or permit to be kept, or used, thereon, anything prohibited by
the policy of fire insurance covering the improvements. Lessee shall comply,
at its sole expense, with all requirements of insurers necessary to keep in
force the fire and public liability insurance covering the improvements on the
property.
EVIDENCE OF INSURANCE
A Certificate of Insurance, or an appropriate insurance binder, evidencing the
above insurance coverages with a company or companies acceptable to the City's
Risk Management Officer shall be submitted to the City Clerk prior to
execution of this agreement on behalf of the City; or in the alternative
Lessee shall file with the City Clerk a statement of Lessee' s intent to self-
insure, indicating the limits to be self insured.
NOTICE TO CITY, INSURANCE COVERAGE CHANGE:
The terms of the insurance policy or policies issued to provide the above
insurance coverages 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
City. In the event the said insurance is cancelled, County shall , prior to
the cancellation date, submit to the City Clerk new evidence of insurance in
the amounts heretofore established.
Self-Insurance:
Notwithstanding the above, during the term of this Agreement, if the Lessee
desires, Lessee may at its own expense, self-insure any portion or all of the
insurance provisions as specified above.
The parties hereto acknowledge and understand that Lessee is currently self-
insured, and with respect to any insurance coverage required by this Paragraph
12, and so long as Lessee remains self-insured, the provisions of this
Paragraph 12 relating to liability insurance, Worker's Compensation insurance,
uses that increase insurance risk, evidence of insurance and insurance
coverage change, shall not be applicable and otherwise will have no force and
effect.
13. FIRE AND EXTENDED COVERAGE INSURANCE
During the term of this agreement, lessor agrees that it shall procure and
maintain a policy of fire extended coverage and vandalism insurance on all
permanent property and improvements of an insurable nature located upon the
leased premises.
Lessee agrees to pay the cost of such insurance, in addition to the base
monthly lease amount, in equal installments over a 12-month period as a part
of the total monthly lease amount.
Upon the anniversary of this lease agreement, July 1st, of each year, the
amount due under this provision shall be adjusted to reflect the current cost
of insurance to lessor.
FILE NO. R-85-023 • ! Page 6
12-15-86
In the event of a loss hereunder, Lessee shall be responsible for and pay the
deductible amount as specified under the policy for such loss, which
deductible amount is understood to be the same for all City owned Civic Center
buildings.
14. EMERGENCY GENERATOR
The emergency generator housed in the building is to be maintained by the City
so long as the City has use for it; if the City stops using it, the County has
the choice to take over its use and maintenance.
15. LESSOR'S REMEDIES ON LESSEE'S BREACH
If Lessee breaches this lease by failing to perform, keep and observe all of
the covenants and conditions contained in this lease, Lessor shall declare the
lease in default by written notice to Lessee specifying the provision of this
lease which have been breached. Lessee shall have 60 days from the date of
mailing of such notice of default within which to cure the default. If such
default is not cured within said 60 day period, Lessor shall have the
following remedies in addition to his other rights and remedies in such
events:
a. Reentry. Lessor may reenter the leased property immediately, and remove
aF — essee' s personnel property therefrom. Lessor may store the
personal property in a public warehouse or at another place of his
choosing at Lessee' s expense or to Lessee's account.
b. Termination. After reentry, Lessor may terminate the lease on giving 90
ayaritten notice of such termination to Lessee. Reentry only, with-
out notice of termination, will not terminate the lease.
C. Reletting Leased Property. After reentering, Lessor may relet the
leased property or any part thereof, for any term, without terminating
the lease at such rent and on such terms as he may choose. Lessor may
make alterations and repairs to the improvements located on the leased
property.
1 . Liability of Lessee on Relettin . Lessee shall be liable to
Lessor in a di fl on to hi s other l ability for breach of the lease
for all expenses of the reletting, and of the alterations and
repairs made, which Lessor may incur. In addition, Lessee shall
be liable to Lessor for the difference between the rent received
by Lessor under the reletting and the rent installments that are
due for the same period under this lease.
2. Applon of ii Lessor at his option may apply
the renticati receiv Rent on Relett�lce from reletting the leased property as follows:
a. To reduce Lessee' s indebtedness to Lessor under the lease
not including indebtedness for rent;
b. To expenses of the reletting and alterations and repairs
made;
C. To rent due under this lease;
d. To payment of future rent under this lease as it becomes
due.
If the new lessee does not pay a rent installment promptly to Lessor, and the
rent installment has been credited in advance of payment to Lessee's indebted-
ness other than rent, or if rentals from the new lessee have been otherwise
applied by Lessor as provided for herein, and during any rent installment
period are less than the rent payable for the corresponding installment period
under this lease, Lessee agrees to pay Lessor the deficiency separately for
each rent installment deficiency period, and before the end of that period.
FILE NO. R-85-023 • Page 7
12-15-86
Lessor may at any time after such reletting terminate the lease for the breach
because of which he reentered to relet.
Lessor may recover from Lessee on terminating the lease for Lessee' s breach
all damages resulting from the breach, including but not limited to the cost
of recovering the premises, and the balance of this lease over the remainder
of the lease term, which sum shall be immediately due Lessor from Lessee.
16. LESSEE'S REMEDIES ON LESSOR'S BREACH
If Lessor shall interfere with Lessee' s possession of the premises or shall
otherwise breach any covenant or condition of this lease to be performed by
Lessor, Lessee shall give written notice to Lessor of such breach, and if
Lessor shall fail to remedy the breach within 60 days of such notice, Lessee
shall have the right to terminate this lease.
17. LESSEE TO PAY LESSOR'S ATTORNEYS' FEES
In the event of any litigation or arbitration between City and County to
enforce any of the provisions of this lease agreement or any right of either
party hereto, the unsuccessful party to such litigation or arbitration agrees
to pay to the successful party all costs and expenses, including reasonable
attorneys ' fees, incurred therein by the successful party, all of which shall
be included in and as a part of the judgement rendered in such litigation or
arbitration.
18. MANNER OF GIVING NOTICE
Notices given pursuant to the provisions of this lease, or necessary to carry
out its provisions, shall be in writing, mailed certified mail , and addressed
to the person to whom the notice is to be given, with postage prepaid.
Lessor's address for this purpose shall be:
City of Palm Springs
P.O. Box 1786
Palm Springs, California 92263-1786
ATTN: City Manager
or such other address as Lessor may designate to Lessee in writing.
Lessee' s address for this purpose shall be:
County of Riverside
Department of Building Services
3133 7th Street
Riverside, California 92507
or such other address as Lessee may designate to Lessor in writing,
19. EFFECT OF LESSOR'S WAIVER
Lessor' s waiver of breach of one covenant or condition of this lease is not a
waiver or breach of others, or of subsequent breach of the one waived.
Lessor' s acceptance of rent installments after breach is not a waiver of the
breach, except of breach of the covenant to pay such rent installment(s)
accepted.
20. LEASE APPLICATION TO SUCCESSORS
This lease and the covenants and conditions hereof apply to and are binding on
the heirs, successors, legal representative, and assigns of the parties.
FILE NO. R-85-023 • Page 8
12-15-86
21. TIME OF ESSENCE
Time is of the essence of this Lease.
22. EFFECT OF EMINENT DOMAIN PROCEEDINGS
If any portion of the leased premises shall be taken by eminent domain and a
portion thereof remains which is usable by County, this lease agreement shall ,
as to the part taken, terminate as of the date title shall vest in the
condemnor, or the date prejudgment possession is obtained through a court of
competent jurisdiction, whichever is earlier, and the rent payable hereunder
shall abate pro rate as to the part taken; provided, however, in such event
City reserves the right to terminate this lease agreement as of the date when
title to the part taken vests in the condemnor or as of such date of
prejudgment possession. If all of the leased premises are taken by eminent
domain, or such part to be taken so that the leased premises are rendered
unusable, this lease agreement shall terminate. If a part or all of the
leased premises be so taken, the compensation awarded upon such taking shall
be paid to the parties hereto in accordance with the values attributed to
their respective interest in such eminent domain proceedings.
COUNTY OF RIVVERSIDE
airperson, oar s—o(Cluuppervisors
ATTEST: JAR 01 �>
GERALD A. MALONEY
Clerk of the Board
By /
Deputy
CITY OF PALM SPRINGS
BY !f ;' j
i ty,'M anager
ATTEST:
BYE
�JG ity M er
Reviewed & Approved
PP
WP/ROW
TOEH �--1 FT- _ fk c- �kL t.AJ kk -
._
C)
q ti3
a U7 ✓�
t d�
v _
�� � POLICE Q
�.,u 11...b1/JLa Q 41
Q
"+� I F f�� G�-G�ENEIC-ATIDN
su IL_E�,I NCn
i
i
2
E
I �
6 cl
\ g � II►T
EXHIBIT "A"
ol PAL, , CITY OF PALM SPRINGS
'4 REAL PROPERTY DIVISION
c
' N APPROVED
4 FO RN
ERNIE G. SLEVINS REAL PROPERTY SPECIALIST
a Fc
SCALE: FILE NO.
'`"=•• W'-'a 1=. DWG. NO.: SHEET I OF I
File No. R-85-23 •
EXHIBIT "B"
Being that portion of Parcel 2 of the map entitled "Parcel Map No. 15576,
being a subdivision of a portion of Lot 17, Section 13, Township 4, South,
Range 4 East, San Bernardino Base Meridian, per map of Palm Valley Colony
Lands on file in map book 14, page 652, records of San Diego County, State of
California, filed for record August 13, 1980 in Map Book 81, Pages 37 and 38,
Records of Riverside County, described as follows:
Beginning at a point on the South right-of-way line of Tahquitz-McCallum Way,
said point being the Northeast corner of said Parcel 2;
Thence leaving the South right-of-way line of Tahquitz-McCallum Way, South
00012'58" West 303.00 feet along the East line of said Parcel 2.;
Thence leaving the East line of said Parcel 2, North 89059'28" West 200.34
feet;
Thence South 00012'58" West 7.00 feet;
Thence North 89059'28" West 83.00 feet to the West line of said Parcel 2;
Thence along the West line of said Parcel 2, North 00009'50" East 290.00 feet,
to the beginning of a curve concave to the Southeast having a radius of 20.00
feet;
Thence Northeasterly 31.36 feet ,along said curve through a central angle of
89050'42" to a point on the South right-of-way line of Tahquitz-McCallum Way;
Thence along the South right-of-way line of Tahquitz-McCallum Way, South
89059'28" East 263.38 feet to the POINT OF BEGINNING.
Reserving an Easement for the existing Tower and any necessary devices and
appurtenances being used for radio communication and the right of ingress and
egress over, under, along and across the South boundary of the above described
parcel of land,' to maintain, repair, and replace said Tower and any necessary
devices and appurtenances.
Also reserving easements for the existing utility facilities together with the
right-of-ingress and egress over, under, along and across the South boundary
of the above described parcel of land, to maintain, repair, and replace any of
the utility facilities as needed.
SEE AGREEMENT #2390
EXHIBIT C
AGREEMENT FOR EXCLUSIVE PURCHASE
OF THERMAL ENERGY & ELECTRICITY
AS PART OF THE MONTHLY LEASE PAYMENT
BETWEEN
THE CITY OF PALM SPRINGS, CALIFORNIA
AND
THE COUNTY OF RIVERSIDE, CALIFORNIA
AGREEMENT TO PURCHASE
AND SELL THERMAL ENERGY AND ELECTRICITY
AS A PART OF THE MONTHLY LEASE PAYMENT
This Agreement to Purchase and Sell Thermal Energy and Electricity
("Agreement") , is made as of this 1st day of July , 1986, by and between
the CITY OF PALM SPRINGS, CALIFORNIA ("Palm Springs") , and the COUNTY OF RIVERSIDE,
CALIFORNIA ("Riverside") .
Palm Springs has constructed a Cogeneration Facility for the production
of, among other things, Thermal Energy and Electricity.
Palm Springs and Riverside now desire to agree with respect to the sale
by Palm Springs to Riverside of a portion of the Thermal Energy and Electricity
to be produced in the Municipal Complex Cogeneration Facility for use in heating ,
cooling and supplying electricity for the building located at 3211 E.
Tahquitz-McCallum Way, Palm Springs, California. (Formerly Palm Springs Police
Station. )
RESOLUTION NO. 16086
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS ,
CALIFORNIA , APPROVING A LEASE AGREEMENT WITH THE
COUNTY OF RIVERSIDE FOR THE COUNTY ' S LEASING OF
CITY ' S OLD POLICE BUILDING AND SITE.
WHEREAS the City of Palm Springs has constructed a new Police
Building, making the City ' s old Police Building and site available
for other uses ; and
WHEREAS the County of Riverside desires and has agreed to lease
the City ' s vacated old Police Building for a period of 20 years ;
and
WHEREAS the County also desires and has agreed to purchase thermal
and electrical energy from the City ' s Cogeneration Plant pursuant
to an agreement which runs concurrently with the lease agreement
and is a part of the lease agreement as Exhibit C; and
WHEREAS the City Council of the City of Palm Springs has determined
that such use of the property by the County is compatible with
other Palm Springs Civic Center uses .
NOW THEREFORE BE IT RESOLVED by the City Council of the City
of Palm Springs as follows :
Section 1 . That a lease agreement dated July 1 , 1986 , between
the City of Palm Springs and the County of Riverside ,
as on file in the Office of the City Clerk, providing
for the leasing of the City ' s old Police Building
and site to the County is hereby approved.
Section 2 . That the "Agreement for Exclusive Purchase of Thermal
Energy and Electricity as Part of the Monthly Lease
Payment" between the City of Palm Springs and the
County of Riverside , which is a part of the subject
Lease Agreement as Exhibit C , is hereby approved.
ADOPTED this 7th day of January , 1987 .
AYES : Councilmembers Apfelbaum, Birer, Foster, Smith and Mayor Bogert
NOES : None
ABSENT: None
ATTEST: CITY OF PALM SPRINGS , CALIFORNIA
By
Clerk City Manage
REVIEWED & APPROVED 7p-