HomeMy WebLinkAboutR00362 - Xtnd Lease Term - 3rd Amndmnt - Family YMCA CONTRACT NO. R00362
STAFF REPORT
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
MEETING DATE: November 16, 2017
REQUEST: Extend the term of the Lease Agreement between the City of Palm
Desert and the Family YMCA of the Desert to December 31, 2018
Recommendation
By Minute Motion, authorize the Mayor to execute the Third Amendment
to Lease between the City of Palm Desert and the Family YMCA of the
Desert extending the expiration date to December 31, 2018.
Strategic Plan
This item does not have an impact on the goals of the Strategic Plan.
Background Analysis
In 1989, the Palm Desert Redevelopment Agency (RDA) and the YMCA entered into a
lease agreement that provided for the following:
• The RDA would construct a building that would be leased to the YMCA for an
initial ten-year term with two twenty-five year extension options.
• The initial term was to begin upon the issuance of the Certificate of Occupancy of
the building, which occurred on March 22, 1991, making the expiration date of
the initial lease term March 22, 2001.
• At the end of the initial term, the YMCA could request the first of the two
twenty-five year options provided that the YMCA had expanded the facility by
5,000 square feet. There is an additional 5,000 square foot expansion
requirement on the second twenty-five year option.
• As consideration for the lease, the YMCA would convey two areas of property on
the Civic Center site to the RDA, and would expand the services offered at the
facility to the benefit of the general public.
In 1999, the YMCA requested an extension of the initial ten year term to fifteen years,
which was agreed to by the RDA through a lease amendment dated February 11, 1990.
This amendment extended the term to May 1, 2005; all other terms remained the same.
In 2005, the YMCA had not expanded the facility, and requested an extension of the
original lease term for another year. The YMCA felt they could better determine their
position and future plans for the site in this extended timeframe. The second
November 16, 2017 - Staff Report
Extension of the YMCA Lease Agreement
Page 2 of 2
amendment to the lease, dated August 22, 2005, extended the expiration of the initial
term to May 1, 2006.
On May 6, 2005, the RDA transferred ownership of the YMCA land and facility to the
City. Recently the YMCA requested to negotiate new lease terms with the City. The
YMCA also informed the City that their insurance carrier has requested a copy of their
current lease in order to insure the building. Since the most recent lease extension
expired in 2006, staff is recommending that the existing lease agreement be extended
until December 31, 2018. This is to ensure that the YMCA is able to properly insure the
building while allowing staff time to negotiate new lease terms with the YMCA.
Fiscal Analysis
The lease amendment requires the YMCA to pay the property taxes, insurance, and
annual rent of $1. Since the YMCA has continued to pay both the property taxes and
insurance during the period of the lease extension, there is no fiscal impact associated
with this ction.
Prepared by: eather Horning, Sr. Management Analyst
LEGAL EVIEW DEPT. EVIEW FINANCIAL REVIEW CITY MANAGER
401111V Aati(1:06
o.ert W. Har. eaves Mark reenwood, P.E. (Ja t Moore Lauri Aylaian
Attorne Director of Public Works irector of Finance Cit Manaser
Tenant: Family YMCA of the Desert
43-930 San Pablo Avenue
Palm Desert, California, 92260
ATTACHMENTS: Third Amendment to Lease
Second Amendment to Lease
Amendment to Lease Agreement
Lease Agreement
CONTRACT NO. R00362
THIRD AMENDMENT TO LEASE
This amendment of the Lease Agreement is made and entered into this day
of November 2017, by and between the City of Palm Desert, a California charter city,
("Landlord") and the FAMILY YMCA OF THE DESERT, a California non-profit
corporation ("Tenant").
RECITALS
A. On or about May 11, 1989, the Palm Desert Redevelopment Agency
("RDA") and Tenant entered into a certain Lease Agreement (the "Lease Agreement")
covering that certain real property depicted on Exhibit A thereto ("Property").
B. The Lease Agreement provided for an initial term of ten (10) years and
two options to extend the term of the lease for twenty-five (25) years each.
C. On or about February 11, 1999, RDA and Tenant entered into an
Amendment to the Lease Agreement to extend the initial terms of the lease for an
additional five (5) five years, to expire May 1, 2005.
D. On or about August 22, 2005, RDA and Tenant entered into an
Amendment to the Lease Agreement to extend the initial terms of the lease for an
additional one (1) year, to expire May 1, 2006.
E. On or about May 6, 2005, pursuant to the dissolution of RDA and approval
of the California Department of Finance, the Successor Agency of Palm Desert
Redevelopment Agency transferred the Property to Landlord.
F. Landlord and Tenant now desire to renew and transfer the lease and
extend the initial term of the lease for one (1) additional year, to expire December 1,
2018.
NOW THEREFORE, it is agreed as follows:
1. Each reference in the Lease Agreement to "Landlord" shall hence forth
refer to the City of Palm Desert.
2. Paragraph 3(b) of the Lease Agreement is amended to provide as follows:
CONTRACT NO. R00362
"Term of Lease. The term of this Lease shall be for the period of twenty-eight
(28) years and seven (7) months commencing on the Commencement Date,
May 1, 1990, and expire twenty-eight (28) years and seven (7) months
thereafter (on December 1, 2018)."
3. In all other respects the Lease Agreement unchanged and in full force and
effect.
IN WITNESS THEREOF, the parties have executed this Third Amendment to the Lease
Agreement on the day and the year first written above.
CITY OF PALM DESERT
BY:
Jan Harnik, Mayor
Attest:
Rachelle Klassen, City Clerk
FAMILY YMCA OF THE DESERT,
A California non-profit corporation
BY:
Printed Name
BY:
Printed Name
ontract NO. RD-362-2
SECOND AMENDMENT TO LEASE
This amendment to the Lease Agreement is made and entered into this %1•9- day of
August 2005, by and between the PALM DESERT REDEVELOPMENT AGENCY, a public
body corporate and politic ("Landlord") and the FAMILY YMCA OF THE DESERT a
California non-profit corporation("Tenant").
RECITALS:
A. On or about May 11, 1989, Landlord and Tenant entered into a certain
Lease Agreement (the "Lease Agreement") covering that certain real property depicted on
Exhibit A thereto.
B. The Lease Agreement provided for an initial term of ten (10) years and
two options to extend the term of the lease for twenty-five(25)years each.
C. On or about February 11, 1999, Landlord and Tenant entered into an
Amendment to the Lease Agreement to extend the initial terms of the lease for an additional five
(5)years, to expire May 1, 2005.
D. Landlord and Tenant now desire to extend the initial term of the lease for
one(1)additional year, to expire May 1, 2006.
NOW THEREFORE,it is agreed as follows:
1. Paragraph 3(b)of the Lease Agreement is amended to provide as follows:
"Term of Lease. The term of this Lease shall be for the period of fifteen
(16) years commencing on the Commencement Date, May 1, 1990, and
expire sixteen(16)years thereafter."
2. It is the intent of the parties that the extension of the initial terms of the
lease shall also act to extend the time for exercise of the Options to Extend Term, pursuant to
Paragraph 3(c) of the Lease Agreement, fora like period of time.
3. In all other respects the Lease Agreement shall remain unchanged and in
full force and effect.
(Signatures continue on next page)
Page of 2
RMPU13LSPS\256866 1
Contract No. RD-362-2
IN WITNESS THEREOF,the parties have executed this Second Amendment to the
Lease Agreement on the day and year first written above.
PALM DESERT REDEVELOPMENT AGENCY
BY:
Buford Crites—Chair
Attest:
Rachelle Klassen, Secretary
FAMILY YMCA OF THE DESERT,
a California non-profit corporation
BY:_ �
1�ob '�o�11e•a
Printed N ) ,_
BY:
•
Printed Name
(Signatures to be notarized)
Page 2 of 2
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AMENDMENT TO LEASE AGREEMENT
This Amendment to Lease Agreement is made and entered into
this day of March, 1999, by and between the PALM DESERT
REDEVELOPMENT AGENCY, a public body corporate and politic
("Landlord") and the FAMILY YMCA OF THE DESERT, a California
non-profit corporation ("Tenant") .
Recitals :
A. On or about May 11, 1989, Landlord and Tenant entered
into a certain Lease Agreement (the "Lease Agreement") covering
that certain real property depicted on Exhibit A thereto.
B. The Lease Agreement provided for an initial term of ten
(10) years and two options to extend the term of the lease for
seriatim periods of twenty five (25) years each.
C. The parties desire to extend the initial term of the
lease for an additional five (5) years.
NOW THEREFORE, it is agreed as follows:
1 . Paragraph 3 (a) is amended to provide as follows:
Commencement Date . The Commencement Date of this Lease
is May 1, 1990.
2 . Paragraph 3 (b) of the Lease Agreement is amended to
provide as follows:
Term of Lease. The term of this Lease shall be for the
period of fifteen (15) years commencing on the Commence-
ment Date and expiring fifteen (15) years thereafter.
3 . It is the intent of the parties that the extension of the
initial term of the lease shall also act to extend the time for
exercise of the Options to Extend Term, pursuant to paragraph 3 (c)
of Lease Agreement, for a like period of time.
4 . Paragraph 24 of the Lease Agreement is amended hereby to
insert the address of the Tenant for service of notices, as
follows :
43930 San Pablo Avenue
Palm Desert, California 92260
5 . In all other respects the said Lease Agreement shall
remain unchanged and in full force and effect .
IN WITNESS WHEREOF, the parties have executed this Amendment
to Lease Agreement on the day and year first above written.
PALM DESERT REDEVELOPMENT AGENCY
By:
Chair
Attest :
Secretary
FAMILY YMCA OF THE DESERT, a
California non-profit corporation
By
By
--2-
2/18/99
CONTRACT NO. RI)-3 j_
LEASE AGREEMENT
THIS LEASE AGREEMENT is made and entered into as of the llth
day of May 19 89 . by and between the PALM DESERT
REDEVELOPMENT AGENCY . a public body corporate and politic , and
the FAMILY YMCA OF THE DESERT, CALIFORNIA . a California nonprofit
corporation .
WHEREAS . the C ' ty ., f Palm Desert and the Palm Desert
Redevelopment Agency seek to provide their citizens with the
opportunity to participate in organized recreational activities .
WHEREAS . the Fami i y YMCA of the Desert ( Family YMCA ) has
been incorporated as an independent YMCA since July 1982 .
affiliated with the YMCA of the United States of America ( YMCA ) .
which is respected country-wide for its long history ( 135 years )
of community service in providing programs that promote good
health , strong families , youth leadership , community development .
and international understanding at over 2000 locations in 50
states .
•
WHEREAS . Faintly YMCA, is a nonprofit o.rga.n i zat i qn .whose
programs are availab ; e to everyone reaardless of race , creed ,
religious belief , nationality , age . sex , physical capacity , or
economic status .
WHEREAS . the Family YMCA through its affiliation with the
YMCA . receives valuable resource material and advice on program
development , management , and coordination .
WHEREAS . the City of Palm Desert and the Palm Desert
Redevelopment Agency are engaged in developing a civic center
site of approximately 63 acres on the northeast corner of Frea
Waring Drive and San Pablo Avenue .
WHEREAS . as a means of assisting the City of Palm Desert
with community activities . the Family YMCA is to become a part of
the Civic Center Site for the Following reasons :
- It is a community-based tax exempt organization with a
local , volunteer Board of Directors , and it is a member
agency of the United Way of the Desert .
- It has the ability to raise private funding to finance
programs and future Facilities .
- It intends to exchange ownership of two acres in the
Civic Center site For a long - term lease on this
Facility .
•
vmcaleas . aam Rev . 5- 10-99 •
- As a nonprofit organization . it can provide re reat ' en
service at an affordable cost .
- It has demonstrated its ability to recruit large
numbers of volunteers For program delivery and
Fundra ' sIna .
- It has an established history of providing qua ' ity
recreational programs to the residents of Paim Desert .
I . Definitions
As used herein , the following terms shall have the meanina
ascribed thereto . unless the context requires otherwise .
( a ) "Adjustment Date" means January 1 of each calendar year
of the term of this Lease .
( b ) "Commencement Date" means the date upon which the term
of this Lease commences .
( c ) " Improvements " means buildings and other. structures .•
'excavations . paving and andscaping and other improvements
nereafter erected or placed upon the Property by the Landlord .
plus a I Fixtures , including trade Fixtures , if any , attached
thereto , which Improvements are described in Exhibit " " attached
hereto and incorporated herein by reference .
Id ) " Include" , " includes " or " Including" means including
without limitation .
e " index " means the L . S . Bureau of Labor Statistics
Consumer Price Index for Ail Urban Consumers , Los Angeles-
Anahe ' m-Riverside Area ( 1982-84 = 100 ) , All Items .
f "Landlord" means the Pa ' m Desert Redevelopment Agency .
. c . " Lease " or " Lease Agreement " means this Lease
Agreement .
( h ) "Premises" means the Property and the Improvements and
any other improvements to the Property From time to time
constructed thereon .
"Property" means that certain real property in the City
of Palm Desert . California described in Exhibit "A" attached
hereto and incorporated herein by reference .
" Property Tax Costs" means the total of ail real and
persona ' property taxes , assessments , possessory interest taxes .
icense fees , commercial rental taxes . levies , penalties or taxes
ymcaieas . agm Rev . 5- 1G-8c( 2
imposed by any authority having the direct or indirect power to
tax . including any city . county , state and federal government ,
and any fire protection . police . road maintenance , refuse
removal . school , agricultural , lighting , drainage and other
improvement district thereof , levied against any legal or
equitable interest of the Landlord or the Tenant in the Premises
( including land . building . improvements and personality ) .
(k ) "State" means the State of California.
( I ) "Tenant" means the Family YMCA of the Desert . Tenant
is a charitable organization as defined by Internal Revenue Code
Section 501 (c ) ( 3 ) .
(m ) "YMCA" means the Young Men ' s Christian Association .
2 . Demise of Premises
The Landlord hereby agrees to lease and demise the Premises
to the Tenant , and the Tenant hereby hires such Premises From the
Landlord. on the terms and conditions hereinafter set forth . The
Landlord hereby agrees to improve the Property with the
Improvements , and to deliver said . Property and the Improvefnen'ts•
:hereon to ' the Tenant in a subst'antia1ly completed condition
within twenty - Four ( 24 ) months following the date hereof .
Development of the plans and specifications shall be a joint
effort of the Landlord , Tenant and Project Architect .
3 . Term and Commencement Date
(a ) Commencement Date . The Commencement Date of this Lease
shall be the date of issuance of a Final Certificate of Occupancy
For the Improvements by the City of Palm Desert . If the City of
Palm Desert has not issued a certificate of occupancy within two
years from the date of this Lease . this Lease may be terminated
at the option of Tenant . If Tenant opts to terminate under this
section . Landlord shall be given the option of returning the
property conveyed under Section 4 ( b ) or consideration of payment
in the amount of $250 . 000 .
( b ) Term of Lease . The term of this Lease shall be for a
period of ten ( 10 ) years commencing on the Commencement Date . and
expiring ten years thereafter .
( c ) Options to Extend Term.
( 1 ) The Tenant shall have two ( 2 ) options to extend
the term of this Lease for periods of twenty-Five (25 ) years
each . The Tenant may exercise each option if and only if , in
each instance , the Tenant has theretofore expanded the
improvements at the Property by an additional 5 , 000 square feet
of usable area For each option , to the end that the total square
ymcaleas . agm Rev . 5- 10-89 3
Footage of the Premises shall have been increased by 10 . 000
square feet . All such improvements shall be constructed only
with the Landlord ' s prior written consent First had and obtained
pursuant to Section 10 hereof. Landlord shall make available
property contiguous to the YMCA faciities For such expansion .
; ii ) The extension options shall be personal to the
Tenant and may not be exercised or be assigned , voluntarily or
involuntarily , by or to any person or entity other than the
Tenant ; no extension option herein granted to the Tenant shall be
assignab a separate and apart from this Lease . The Tenant shalt
not have the right to exercise the extension options ,
notwithstanding anything set forth above to the contrary :
(a ) during the time commencing from the date the
Landlord gives to the Tenant a written notice that the
Tenant is in default under any provisions of this
Lease . and continuing until the default alleged in said
notice is cured ; and
( b ) during the period of time commencing on the
day after a monetary obligation to the Landlord is due
from the .Tenant and unpaid con.t i nu ing . .unt i I . the
obligation ` 5 caid .
The period of time within which the extension options may be
exercised shall not be extended or enlarged by reason of the
Tenant ' s inability to exercise such extension options prior to
satisfaction of the Foregoing conditions precedent .
Option shall be exercised by written notice delivered to Landlord
not less than six months prior to expiration term of the Lease .
4 . Rent and Additional Consideration
(a ) The Tenant agrees to pay to the Landlord as rent For
the Tenant ' s use of the Premises and the Tenant ' s rights
hereunder , without notice or demand and without deduction or
offset . the sum of ONE DOLLAR ( $ 1 . 00 ) per year . Rent shal
commence and shall become due and payable in advance on the First
day of each calendar year of the term .
( b ) As additional consideration for this Lease , the Tenant
agrees to convey to the Landlord concurrently with the parties '
execution of this Lease certain real property described in
Exhibit "A " , attached hereto and incorporated herein by this
reference . Said conveyance shall be evidenced by a grant deed in
form and substance acceptable to the Landlord , and the Land 'ord ' s
interest in such property shall be evidenced by a CLTA Owner ' s
Policy of Title Insurance acceptable to the Landlord issued by a
title acceptable to Landlord , evidencing the Landlord ' s fee
simple interest in such property free and clear of all liens .
ymcaleas . agm Rev . 5- 10-69 4
encumbrances , easements . covenants . conditions and restrictions
of record except For non-monetary items approved by the Landlord
prior to the issuance of the poi ' cy of title insurance .
5 . Use of Premises -- Fees and Charges
(a ) The Premises shall be used solely as a nonprofit
institution , available to the general public , for the usual and
customary services and faci ' ities provided by the Family YMCA
including athletic facilities , recreational programs and
activities , and food and beverage services as outlined in Exhibit
B ( YMCA Programs ) . Once a year . no less than two months before
the beginning of the Tenant ' s fiscal year , Tenant shall submit a
schedule of the availability of all facilities and of all
programs and activities to be conducted on the Premises .
including the time , date and duration of such programs and
activities . Such schedule shall be submitted to the Landlord for
prior written approval and any substantial changes to or
deviations from such schedule thereafter must be approved in
writing by the Landlord .
(b) The Tenant shall be responsible for setting fees and
•charges For participation in its various • progtams, and ac.tiviti.es.
•conduct �a on the ? remises or for use of the Premises with the
Landlord ' s approval provided , however , that membership in the
Family YMCA shall not be required for any person to use the
Premises or to participate in programs and activities conducted
on the Premises . A nonmember fee may be established for the use
of the Premises or for any program or activity conducted on the
Premises , which shall be based on the "break- even " cost of
operation For the use of the Premises or for the program or
activity . Revenues from such nonmember fees shall not be used to
subsidize membership fees . It is the Landlord ' s and Tenant ' s
goal to permit participation by all socio-economic groups in the
programs and activities conducted on the Premises . "Break-even"
cost of operation shall include but not limited to all direct or
indirect costs such as overhead and amortization of capital
improvements . The Tenant ' s schedule of fees For nonmembers shall
be submitted to the Landlord For prior written approval and any
substantial changes to or deviations from such schedule
tnereafter must be approved ' n writing by the Landlord .
( c ) The Tenant here ' n covenants by and for the Tenant and
the Tenant ' s successors and assigns . and all persons claiming
under or through the Tenant . and this Lease is made and accepted
upon and is subject to the Following conditions : That there be
no discrimination against or segregation of any person or group
of persons , on account of age . race , color , creed, religion . sex .
marital status . national prig ' n , political affiliation , physical
handicap or ancestry , in the subleasing, transferring, use of
occupancy , tenure or enjoyment of the Premises or in the
participation in any of the programs and activities conducted or
vmcaleas . agm Rev . 5- 10-89 5
permitted by the Tenant on the Premises nor shall the Tenant , or
any person claiming under or through the Tenant , establish or
permit any such practice or practices of discrimination or
segregation .
(d) The Tenant shall hire employees without discrimination
as to age , race , color , creed , religion . sex , marital status .
national origin , politica ' affiliation , physical handicap or
ancestry .
( e ) Nothing in this Lease implies permission to conduct any
business or allow any other occupancy or use except for the
purposes stated . The concept of wholesome , affordable Family
recreation shall be promoted. Any nuisance shall be a breach of
this Lease . Disorderly or objectionable conduct by the Tenant or
those occupying the Premises with its permission , shal ' be cause
For termination of this Lease Agreement . Advertisements , signs ,
brochures , and promotional publicity shall not misrepresent in
any way the services provided , or the status of the Lease
Agreement .
( f ) The Tenant shall at all times during the term of this
Lease , at its sole cost and expense :
( i ) Furnish , install and maintain in the Premises al
of the Tenant ' s personal property , furniture , fixtures and
equipment , which shall be of the highest quality, necessary For
the operation of the Premises for the purposes described in
Section 5 (a ) ;
( ii ) Maintain the Premises in a safe , secure . clean .
neat . sanitary and orderly condition of the highest quality , it
being understood that no use shall be made or permitted of the
Premises or any part thereof , nor any acts be done , which wi I
violate or make inoperative , any insurance policy at any time
held by or in any way For the benefit of the Landlord pursuant to
any provision of this Lease ;
( iii ) Insure that there shall not be kept , used or sold
in , upon or about the Premises any hazardous or toxic materials .
chemicals , gasoline . distillate or other petroleum products or
any other substance or material of an explosive , inflammable .
hazardous , toxic . or radioactive nature which may endanger or
damage any part of the Premises , its occupants or invitees , or
present any unusual fire . explosion or other damaging or
dangerous hazard, or present the possibility of contamination by
toxic or hazardous waste ;
( iv ) Comply with all the rules and regulations of the
National Fire Protection Association , the applicable Insurance
Service Office and any similar bodies ;
ymcaleas . agm Rev . 5- 10-89 6
( v ) Comply prompt + y with all applicable statutes .
o rdinances , rules , regulations , orders , covenants and
restrictions of record . and requirements in effect during the
term or any part of the term hereof, regulating the use of the
Premises by the Tenant . The Tenant shall not use or permit the
Premises or any portion of the Premises to be improved ,
developed . used or occupied in any manner or for any purpose that
is in any way in violation of any valid law . ordinance or
regulation of any federal , state . county or local government
agency body or entity . The Tenant shall not use nor permit the
use of the Premises in any manner that will tend to create waste
or a nuisance ;
( vi ) Operate From the Premises a YMCA facility of the
h ighest quality at its sole cost and expense , with due diligence .
care and efficiency . in accordance with all applicable provisions
of law and regulations which are now or which may hereafter be in
force . The Tenant further undertakes to provide at ail times all
necessary and proper furniture , furnishings . fixtures . machinery,
equipment , supplies and other tangible personal property of
sufficient quantity and of the highest quality . and .adequate
personnel ( both as to number and with sufficient technical
aua l i f t cat i ons ) to properly maintain and operate a :'..M.CA fac,i l i t t .
From the Premises ;
( vii ) Continuously and uninterruptedly throughout the
term of the Lease during scheduled hours keep the Premises open
For use as a Y . M. C . A . facility . The Tenant ' s schedule of hours
when the Premises will remain open to the public shall be
submitted to the Landlord . For prior written approval and any
substantial chances to or deviations from such schedule
thereafter must be approved in writing by the Landlord ; and
( viii ) Maintain accurate records of the costs and
✓ evenues associated with operation of the Premises and the
various programs and activities conducted on the Premises . Such
records shall be available to the Landlord For inspection . The
Tenant shall annually fl ' e with the Landlord a copy of its
audited Financial statements .
( ix ) Make available for public use all parking areas
included in this Lease .
( g ) The Landlord is to act as a catalyst to provide
recreational facilities to provide the Tenant with exposure to
conduct fundraising campaigns . The Tenant shall submit to the
Landlord a program by April 1 . 1990 , which will outline the
Tenant ' s proposed fundraising campaign program for the expansion
facility . Such a program wi ' 1 be submitted to the Landlord for
their review and approval or disapproval . The Tenant shall use
its best efforts to finance and construct such Facility .
ymca eas . agm Rev . 5- 10-89 7
( i ) Landlord shall evaluate Tenant on an annual basis
to determine if the provisions of Section 5 of this Lease have
been carried out with due diligence , care and efficiency .
( ii ) The first evaluation will be accomplished three
( 3 ) years from the date of this agreement with annual evaluation
thereafter .
( iii ) Landlord will submit its Findings to the Tenant .
If a deficiency exists , the Landlord shall notify the Tenant of
the deficiencies and allow the Tenant a reasonable amount of time
to submit a program eliminating such deficiencies .
( iv ) The Tenant shall cooperate in the evaluation
process and shall provide all materials and labor necessary to
develop an objective evaluation .
6. The Tenant ' s Obligations at the End of the Term
Upon the expiration or sooner termination of this Lease , if
the Tenant has faithfully and fully performed all of the terms ,
conditions and covenants of this Lease to be performed by the
Tenant . but not. otherwise . the Tenant, shaj1 , at •its sole cost-. and-
expense . remove from the Pre`mi ses all of its. 'movable trade
fixtures and equipment , and such other items the Tenant has
installed or placed on the Premises . and the Tenant shall repair
all damage to the Improvements resulting from such removal . The
Tenant shalI thereupon surrender the Premises and the
Improvements in the same condition as they were wnen the
improvements were first completed , reasonable wear and tear and
damage by any insured casualty excepted , clean and free of
debris . The Tenant shall repair any damage to the improvements
occasioned by the installation or removal of the Tenant ' s trade
Fixtures . Furnishings and equipment . if the Tenant has not fully
and faithfully performed all the terms , conditions and covenants
of this Lease to be performed by the Tenant . the Tenant shall
nevertheless remove its personal property From the Premises in
the manner aforesaid within fifteen ( 15 ) days after receipt of
written direction to do so From the Landlord . In the event the
Tenant shall fail to remove any of its personal property as
Provided herein, the Landlord may , but is not obligated . at the
Tenant ' s expense and with interest at the highest rate then
allowed to be charged by non-exempt lenders under the usury laws
of the State from the date of payment by the Landlord , remove all
such personal property not so removed and repair all damage to
the Improvements resulting From such removal and may . but is not
obligated to , at the Tenant ' s expense , store the same in any
public or private warehouse , and the Landlord shall have no
liability to the Tenant for any loss or damage to the Tenant ' s
property caused by or resulting from such removal .
Notwithstanding anything to the contrary otherwise stated in this
Lease . the Tenant shall leave the air lines , power panels ,
vmcaleas . aom Rev . 5- 10-89 8
electrical distribution systems , lighting fixtures . space
heaters , air conditioning , plumbing and Fencing on the Premises
' n good operating cond ' tion ,
7 . Utilities
The Tenant snail pay prior to delinquency all charges and
expenses for water . gas , heat , lights , power , sewage , telephone
service and other utilities and services supplied to the Premises
and for the removal of garbage and rubbish From the Premises
together with any taxes thereon .
8 . Repairs and Maintenance
(a ) The Tenant ' s Obligations . The Tenant shall keep in
good order , condition and repair , and replacement , if necessary.
the Premises and every part thereof , structural and nonstructural
( whether or not such portion of the Premises requiring repair , or
the means of repairing the same . are reasonably or readily
accessible to the Tenant and whether or not the need for such
repairs occurs as a result of the Tenant ' s use , any prior use ,
the elements , or the age of such portion of the Premises )
including, without limiting the generality of the Foregoing , ail
plumbing , heating, a.'r- c 5nd i c i on i ng ( the -Tenant sha 1 ' procure and-
maintain at the Tenant ' s expense an air conditioning system
maintenance contract ) ventilating , electrical , lighting ,
facilities and equipment within the Premises , fixtures , walls
( interior and exterior ) , floors , windows . doors , plate glass and
skylights located within the Premises , and all landscaping ,
driveways . parking lots , Fences and signs located on the Premises
and sidewalks and parkways adjacent to the Premises .
( b ) The Landlord ' s Obligations . Except For the obligations
of the Landlord set forth in Section 16 , it is intended by the
parties hereto that the Landlord have no obligation , in any
manner whatsoever . to repair and maintain the Premises nor the
equipment therein , whether structural or nonstructural , all of
which obligations are intended to be that of the Tenant under
Section 8 (a ) hereof. The Tenant expressly waives the benefit of
any statute now or hereafter in effect which would otherwise
afford the Tenant the right to make repairs at the Landlord ' s
expense or to terminate this Lease because of the Landlord ' s
failure to keep the Premises in good order , condition and repair .
( c ) The Landlord ' s Rights . ] f the Tenant fails to perform
timely the Tenant ' s obligation under this Section 8 or under any
other section of this Lease . the Landlord may at its option ( but
shall not be required to ) enter upon the Premises after ten ( 10 )
days ' prior notice to the Tenant ( except in the case of an
emergency , in which case no notice shall be required ) , and
perform such obligations on the Tenant ' s behalf and put the
Premises and the improvements in good order . condition and
ymcaleas . agm Rev . 5- 10-89 9
repair , and the c;st thereof together with interest thereon at
the maximum rate then al ; owable to be charged by nonexempt
enders under the usury laws of the State shall become due and
payable as additional rental to the Landlord immediately upon
receipt of the Landlord' s written demand therefor .
9 . Taxes
(a ) The Tenant shall be liable for and shall pay before
delinquency ( and upon demand by the Landlord , the Tenant shall
Furnish the Landlord with satisfactory evidence of the payment
thereof ) as additional rent during the term of this Lease all
Property Tax Costs and assessments arising with respect to the
Premises For each calendar year . In the event this Lease shall
commence or terminate on any date other than the last day of a
calendar year . the additional rent payable hereunder by the
Tenant for the calendar year in which this Lease commences or
terminates shalt be prorated in the ratio that the number of days
of the Lease term Falling within said calendar year bears to 365
days . The Tenant shall pay all Property Tax Costs to the
appropriate taxing authorities .
. ( b ) ln • addition to the Property Tax . Costs, described in
•Section 9 (a ) hereof . the Tenant shall be liable for and shall pay
before delinquency (and , upon demand by the Landlord, the Tenant
shall Furnish the Landlord with satisfactory evidence of the
payment thereof ) as additional rent during the term of this Lease
all taxes and assessments of whatsoever kind or nature , ana
penalties and interest thereon . if any , levied against the
Tenant ' s furniture . trade fixtures and equipment . and any other
personal property of whatsoever kind and to whomsoever belonging
situate or installed in and upon the Premises . whether or not
affixed to the realty . For the purpose of determining the amount
of such taxes or assessments , Figures supplied by the county
assessor ' s office or other taxing authority as to the amount
thereof shall be conclusive .
10 . Alterations and Additions
(a ) The Tenant shall not make any alterations whatsoever to
the structural , exterior , mechanical , systemic or electrical
portions of the Premises or the improvements . Except as herein
provided to the contrary , the Tenant , at its sole cost and
expense , shall have the right to make, with the Landlord' s prior
written consent First had and obtained. nonstructural alterations
to the interior of the Improvements . so long as such alterations
do not reduce or impair the value of the Improvements . and as
long as alterations are made free of liens . Unless the Landlord
requires their removal , all alterations or additions shall , upon
the expiration or sooner termination of this Lease . become a part
of the realty and be the sole property of the Landlord . Under no
circumstances may any alteration of the Premises or the
ymcaleas . agm Rev . 5- 0-89 10
improvements impair the permitted use of the Premises as more
fully set forth in Section 5 (a ) hereof .
( b ) In making any alterations requiring the Landlord ' s
consent , the Tenant she : , comply with the following :
( i ) The Tenant shall submit copies of the preliminary
plans and working drawings (and reasonably detailed final
plans and specif ` cations and working drawings if the
proposed alterations cumulatively cost Twenty- five Thousand
Dollars ( $25 . 000 ) or more ) of the proposed alterations and
the name of its contractor
( ii ) The alterations shall not be commenced until
twenty ( 20 ) days after the Landlord has received written
notice From the Tenant stating the date the installation of
the alterations is to commence so that the Landlord can post
and record an appropriate notice of nonresponsibility .
Notice is hereby given to all persons furnishing labor or
materials to the Tenant that no mechanics ' , materialmen ' s or
other lien sought to be taken on the Premises shall in any
manner affect the right to or interest of the Landlord
therein ;
•
•
•
( iii ) The a ' terations shal I be approved by al
appropriate government agencies , and all applicable Permits
and authorizations shall be obtained before commencement of
the alterations ;
( iv ) All alterations shall be completed with due
diligence in compliance with all plans and specifications
and working drawings and al ) applicable laws . and such
alterations shall not reduce or impair the value of the
Premises or the improvements ;
( v ) Before commencing the alterations and at all times
during construction , the Tenant ' s contractor or the Tenant
shall maintain insurance as required and approved oy the
Landlord ; and
( vi ) If the estimated cost of the alterations exceeds
One Hundred Thousand Dollars ( $ 100 , 000 ) , before the
commencement of the alterations , the Tenant , at its sole
cost and expense , shall Furnish to the Landlord a
performance and completion bond issued by an insurance
company qualified to do business in the State in a sum equal
to the cost of the alterations ( as determined by the
construction contract between the Tenant and its contractor )
guaranteeing the completion of the alterations free and
clear of all liens and other charges and in accordance with
the plans and specifications .
vmca ) eas . agm Rev . 5- 10-89 11
( c ) IF during the term hereof . any change , alteration .
addition or correction shall be required by any law , rule. or
regulation of any governmentai authority to be made in or to the
Property, the Premises , the improvements , or any portion thereof .
the Landlord shad First give written consent thereto. and sucn
change , alterat ' on , addition or correction shall then be made by
the Tenant at its sole cost and expense in accordance with plans
and specifications approved by the Landlord. The Tenant sha I ,
at its sole cost and expense , comply with any and all
requirements pertaining to the Premises of any insurance
organizations or companies necessary for the maintenance of all
policies of insurance covering the Premises and appurtenances as
required herein to be maintained by the Tenant .
II . Mechanics ' Liens
(a ) The Tenant shall pay or cause to be paid the total cost
and expense for all work performed or materials furnished to the
Premises other than costs and expenses arising from installation
and construction of the initial Improvements . No such payment
shall be construed as rent . The Tenant shall keep the Premises
free and c , ear of ail mechanics ' liens and materialmen ' s liens .
The Tenant shall not suffer or permit to be enforced, against the
Premises or any part of the Premises any Mechanics ' .
materialmen ' s , contractors ' , or subcontractors ' lien arising from
any work of improvement , however it may arise , other than costs
and expenses arising From installation and construction of the
initial Improvements by the Landlord. The Tenant shall defend
and indemnify the Landlord and the Premises against all liability
and ' oss of any type arising out of work performed on the
Premises by the Tenant , together with reasonable attorneys ' fees
and al costs and expenses incurred by the Landlord in
negotiating , settling , defending , or otherwise protecting against
such claims .
' b ) On completion of any work of improvement during the
term . the Tenant shall file or cause to be filed a notice of
comp ' eti ,:7n . The Tenant hereby appoints the Landlord as the
Tenant ' s attorney- in- Fact to Fie the notice of completion on the
Tenant ' s failure to do so after the work of improvement has peen
substantially completed .
( c ) if the Tenant desires to contest any claim of lien . it
shall within fifteen ( 15 ) days after the filing of the lien For
record furnish the Landlord with cash security in the amount of
the cairn of lien , plus estimated costs and interest , or shall
furnish the Landlord with a bond of a responsible corporate
surety in the same amount conditioned upon the discharge of such
Hen , in the event the Tenant fails or refuses to furnish the
same within sard Fifteen il5 ) day period.
vmcaleas . aam Rev . 5- 10-89
( d ) immediately upon entry of final judgment in any such
action in which the Tenant contests any such claim of lien , and
if such judgment shall establish the validity of the lien, or any
part thereof, and within fifteen ( 15 ) days after the Filing of
any lien for record which the Tenant does not contest . the Tenant
shall fully pay and discharge such judgment or lien , l as the case
may be , and the Tenant sha ' I reimburse the Landlord upon demand
for any and all loss , damage and expense , including reasonable
attorneys ' Fees , which the Landlord may suffer or be put to by
reason thereof . Nothing contained herein shall prevent the
Landlord , at the cost and for the account of the Tenant , From
satisfying any such judgment or lien , as the case may be , in the
event the Tenant fails or refuses to satisfy the same as herein
provided .
(e ) Should any claim of lien be filed against the Premises ,
or any action or proceeding be instituted affecting the title to
the Premises , the Tenant shall give the Landlord written notice
thereof immediately after the Tenant obtains knowledge thereof.
12 . Entry by the Landlord
The Landlord . and its authorized agents and representat-i-ves ,
shall be entitled to enter the Premises at 'a l l reasonable times
For the purpose of serving, posting or keeping posted thereon
such notices as the Landlord may deem necessary or appropriate
for protection of the Landlord and its interest in the Premises ,
for the purpose of inspecting the Premises or any portion
thereof , and for the purpose of making necessary repairs to the
Premises and performing any work therein or thereon which the
Landlord may elect to make hereunder to comply with any laws ,
ordinances , rules , regulations or requirements of any public
authority or any applicable standards that may from time to time
be established by the Board of Fire Underwriters , the local
Insurance Service Office , the Fire Protective Association . the
California Fire Rating Bureau , or any similar body, or which the
Landlord may deem necessary or appropriate to prevent waste ,
loss , damage of or deterioration to or in connection with the
Premises . Nothing contained herein shall impose or be deemed to
impose any duty on the part of the Landlord to do any work of
repair , maintenance , reconstruction or restoration which , under
any provision of this Lease . is required to be done by the
Tenant ; and the performance thereof by the Landlord shall not
constitute a waiver of the Tenant ' s default in failing to do the
same . The Landlord may . during the progress of any work on the
Premises , keep and store upon the Premises all necessary
materials , tools , equipment . The Landlord shall not in any event
be liable for inconvenience , annoyance , disturbance , loss of
business or quiet enjoyment , or other damage or loss to the
Tenant by reason of making any such repairs or performing any
such work upon the Premises or on account of bringing materials ,
supplies and equipment into , upon or through the Premises during
ymcaieas . agm Rev . 5- 10-89 13
the course thereof . and the obligations of the Tenant under this
Lease shall not thereby be affected in any manner whatsoever .
The Landlord sha ) i , however , in connection with the performance
of any such work , cause as little inconvenience , disturbance or
other damage or loss to the Tenant as may be reasonably possible
under the circumstances .
13 . Indemnity
The Tenant covenants with the Landlord that the Landlord shall
not be liable for any damage or liability of any kind or for any
injury to or death of persons or damage to property of the
Tenant , its employees , agents , invitees , customers , subtenants ,
patrons , guests , or any other person , during the term of this
Lease , from any cause whatsoever , by reason of the use .
occupancy and enjoyment of the Premises by the Tenant or any
person thereon or holding under the Tenant , and that the Tenant
will indemnify , protect , defend (at the Tenant ' s expense and with
counsel satisfactory to the Landlord ) , and hold the Landlord and
the Premises free . clear and harmless from any and all liability ,
loss , costs , charges , penalties , obligations , expenses ,
attorneys ' fees , litigation , judgments , damages , liens , claims
and demands of any kind whatsoever in connection with , arising
• out o•f or by reaSJn :of : . (,i ) any v•iofat•lon of lGw , •ord•inance or.
governmental regulation by the Tenant , its agents , employees ,
servants , contractors , subtenants , licensees . concessionaires ,
customers or business invitees ; or ( ii ) on account of any repairs
and alterations which the Tenant may make to the Premises ; or
( iii ) by reason of any real or claimed injury or damage however
occurring ( A ) to any person or persons whomsoever ( including the
Tenant , its agents . employees , servants , contractors , subtenants ,
licensees , concessionaires , patrons , guests , customers .
subtenants , invitees ) , or ( 8) to property of any kind whatsoever
and to whomsoever belonging ( including the Tenant , its acen:s .
employees , servants , contractors , subtenants . licensees .
concessionaires , subtenants . customers . patrons , guests . or
invitees ) : or ( iv ) any accident , injury to or death of persons
( including workers ) or loss of or damage to property occurring on
or about the Premises or any part thereof or the adjoining
sidewalks , curbs . streets or ways ; or ( v ) any use , non-use or
condition of the Premises or any part thereoF or the adjoining
sidewalks , curbs . if any , streets or ways ; or ( vi ) any failure on
the part of the Tenant to perform or comply with any of the terms
of this Lease ; or ( vii ) from any other cause or causes whatsoever
while in , upon , about , or in any way connected with the use or
occupancy of the Premises by the Tenant , its agents , invitees .
subtenants , customers , patrons , customers , and employees . The
Tenant , as a material part of the consideration to the Landlord .
hereby assumes all risk of damage to property or injury to
persons in , upon or about the Premises arising from any cause and
the Tenant hereby waives ail claims in respect hereof against the
Landlord . This obligation to indemnify shall include al
ymcaleas . agm Rev . 5- 10-89 14
attorneys ' fees and investigat ' on costs and all other reasonab ' e
costs . expenses and liabilities actual y incurred by the Landlord
From the first notice that any c ;aim or demand is to be made or
may be made .
14 . Insurance
(a ) During the term hereof , the Tenant agrees . at is sole
cost and expense . to provide and maintain at least the fol ► owina
insurance :
( i ) Combined Single Limit Bodily Injury and Property
Damage insurance to protect against any liability incident to the
use of or resulting from any accident or liability resulting from
any act or omission occurring in , or about the Premises , the
liability coverage under such insurance to be not less than Five
Million Dollars ( $5 , 000 , 000 ) per occurrence . The policy shall
insure performance by the Tenant of the indemnity provisions of
Section 13 . The limits of said insurance shall not , however ,
limit the liability of the Tenant hereunder ;
( il ) Insurance covering loss or damage to all
improvements to the Premises ( including the Improvements ) and al ►
• ' Persona oroperty . of the Tenant ( lncludi.rrg furniture , trade
fixtures and equipment ) , in the amount of the full replacement
value thereof , as the same may exist from time to time , against
all perils included within the classification of Fire , extended
coverage , vandalism, malicious mischief , flood, earthquake , and
special extended perils ( "all risk" . as such term Is used in the
insurance industry ) . A stipulated value or agreed amount
endorsement deleting the coinsurance provision of the policy
shall be procured with said insurance . IF the Tenant shall fai '
to procure and maintain said insurance , the Landlord may , but
shall not be required to, procure and maintain the same. but at
the expense of the Tenant . If such insurance coverage has a
deductible clause , the deductible amount shall not exceed One
Thousand Dollars ( $ 1 , 000 ) per occurrence , and the Tenant shall be
liable For such deductible amount ;
( iii ) Plate Glass Insurance ; and
( iv ) Worker ' s Compensation Insurance covering al
employees if required by law.
(b ) All policies or certificates shall be issued Dv
insurance companies rated AAA or better in Bests or by such
companies as are approved in writing by the Landlord , shall name
both the Landlord and the Tenant as insureds as their respective
interests may appear , and shall contain a loss payable clause to
the Landlord or , at the Landlord ' s option , any mortgagee . trustee
or beneficiary under any mortgage or deed of trust covering the
Premises , and a certificate of insurance (and a copy of each said
ymcaleas . aam Rev . 5- 10-89 15
policy ) together with evidence of payment of premiums shall be
delivered to the Lenalord at the commencement of the term of said
policy or policies , and upon each and every renewal of said
policy or policies . The limits of liability of the policies
described in subparagraphs ( I ) and ( ii ) of subsection ( a ) of this
Section 14 provided for herein shall be adjusted upward , for
inflation , on the annual anniversary date of such policy or
policies . consistent with increases since the previous
anniversary date of such policy or policies in the Consumer Price
Index--All Urban Consumers . U. S . City Average, issued by the U . S .
Department of Labor . Bureau of Labor Statistics , or any successor
index thereto .
( c ) in the event the Tenant fails to obtain , maintain , or
keep in full force and effect any or all of the above described
policies of insurance , the Landlord may . at its sole discretion ,
renew or procure such insurance , and the said costs thereof paid
by the Landlord plus a fifteen percent ( 15% ) handling charge ,
shall become due and payable to the Landlord by the Tenant as
additional rental on the first day of the next succeeding
calendar month .
( d ) The Landlord and the Tenant hereby waive arty rights
each may have against the other on account of any loss or. damage
occasioned to the Landlord or the Tenant , as the case may .be .
their respective personal property , the .improvements , or their
contents or to any portions of the Premises , arising from any
risk covered by the Fire and extended coverage insurance the
Tenant provides hereunder . and the parties each , on behalf of
their respective insurance companies insuring the Premises of
either the Landlord or the Tenant against any such loss , waiver
any right of subrogation that it may have against the Landlord or
the Tenant , as the case may be , if such waiver is permitted by or
obtainable from the respective insurance company.
15 . Damaae or Destruction
( a ) Except as provided herein to the contrary , if during
the term of this Lease or any extension thereof, the improvements
or any part thereof are damaged or destroyed by Fire or other
casualty, this Lease shall continue in full force and effect and
the Landlord shall , with reasonable diligence after the event
causing the damage commence and prosecute diligently to
completion the reconstruction and restoration of the
improvements , insofar as practicable , to the condition in which
the Improvements existed immediately prior to the occurrence of
such damage or destruction . Such reconstruction and restoration
shall be conducted and accomplished in full compliance with all
laws , ordinances , rules and regulations of governmental
authorities having Jurisdiction . in such event , the Tenant shall
make available to the Landlord any insurance proceeds payable to
the Tenant required for the reconstruction and restoration of the
ymcaleas . agm Rev . 5- 10-89 16
Improvements . After the Landlord has applied the insurance
proceeds to the reconstruction and restoration of the
Improvements , the Landlord shall make any excess proceeds
available to the Tenant For the Tenant ' s reconstruction and
restoration of furnishings , fixtures , personal property and
equipment .
( b } Notwithstanding the provisions of Subsection ( a ) hereof
to the contrary , if there shall be any casualty damage to the
Premises that is not covered by insurance , or if the insurance
proceeds are inadequate to pay the entire cost of reconstructing
and restoring the Improvements exceeds fifty percent ( 50% ) of
their then replacement value, or if at any time during the last
twelve ( 12 ) months of the term of this Lease there is any
casualty damage to the Improvements , the Landlord may, at the
Landlord ' s option , cancel and terminate this Lease as of the date
of occurrence of such damage by giving written notice to the
Tenant of the Landlord ' s election to do so within sixty (60 ) days
after the date of occurrence of such damage .
( c ) The Tenant shall not be entitled to any damages by
reason of any inconvenience or loss sustained by the Tenant by
reason of any damage or destruction , the termination of this
Lease , if such should . occur , or the lass . of , use of ..a port ion or
all of the Premises during any period of reconstruction or
restoration .
(d ) in the event of termination of this Lease for any
reason , all insurance proceeds paid or payable under any
insurance policy shall belong to the Landlord . The Tenant
expressly disclaims any interest in or claim to the proceeds of
any insurance required by it to be maintained hereunder , other
than For its personal property.
( e ) The provisions of Section 1932 . Subdivision 2 , and of
Section 1933 , Subdivision 4 , of the Civic Code of the State of
California and/or any other law , statute or ordinance providing
tenants with the right to terminate a lease upon damage to the
thing hired, are hereby waived by the Tenant .
16 . Assignment and Subletting
(a ) The Tenant shall not either voluntarily , or by
operation of law, assign , transfer , mortgage , pledge . hypothecate
or encumber this Lease or any interest therein , and shall not
sublet the Premises , the improvements thereon , or any part
thereof , or any right or privilege appurtenant thereto . nor allow
any other person ( the employees , agents , servants , patrons , and
invitees of the Tenant excepted ) to occupy or use the Premises .
or any portion thereof , without First obtaining the written
consent of the Landlord . A consent to one assignment .
subletting , occupation or use by any other person shall not be
ymcaieas . agm Rev . 5- 10-89 17
deemed to be a consent to any subsequent assignment , subletting .
occupation or use by another person . Consent to any such
assignment or subletting sha l l in no way relieve the Tenant of
any liability under this Lease . The acceptance of rent by the
Landlord from any other person shall not be deemed to be a waiver
by the Landlord of any provision hereof . in the event of default
by any assignee or sublessee oF the Tenant in the performance of
any of the terms hereof , the Landlord may proceed directly
against the Tenant without the necessity of exhausting remedies
against said assignee or sublessee . The Landlord may consent to
subsequent assignments or subiettings of this Lease or amendments
or modifications of this Lease with assignees of the Tenant .
without notifying the Tenant , or any successor of the Tenant , and
without obtaining the Tenant ' s or its successor ' s consent
thereto , and such action shall not relieve the Tenant of
liability under this Lease .
( b ) if the Tenant desires at any time to assign this Lease
or sublet the Premises , the Tenant shall comply with the
Following terms and conditions :
( i ) The Tenant shall first notify the Landlord at
least sixty ( 60 ) days prior to the proposed effective date of the
assignment .or of its .desire to do so and
sha l l submit in writing to the Land Lord ( 1 ) the name of the
proposed sublessee or assignee . ( 2 ) the terms and conditions of
the proposed sublease or assignment and ( 3 ) financial statements
For the three most recent completed fiscal years of the proposed
sublessee or assignee , and a bank reference . Thereafter , the
Tenant shall furnish such supplemental information as the
Landlord may reasonably request concerning the proposed sublessee
or assignee . At any time within forty-five ( 45 ) days after the
Landlord ' s receipt oF the Information specified above , the
Landlord may by written written notice to the Tenant elect to '' 1 '
terminate this Lease not less than forty-five ( 45 ) nor more than
ninety ( 90 ) days after the end of said forty- five . 45 , day
Period . ( 2 ) consent to the sublease or assignment . or ( 3 ,
reasonably disapprove of the sublease or assignment . setting
forth in writing the Landlord ' s grounds for doing so . Such
grounds may include , without limitation , a change in the use of
the Premises from that described in Section 5 hereof . a possible
material adverse effect upon the reputation oF the Premises from
the reputation fro financial reliability on the part oF the
proposed sublessee or assignee which is unsatisfactory in the
reasonable judgment of the Landlord. If the Landlord consents to
the sublease or assignment within the forty-five ( 45 ) day period ,
the Tenant may thereafter enter into such assignment or sublease
of the Premises , upon the terms and conditions and as of the
effective date set Forth in the information furnished by the
Tenant to the Landlord ;
( ii ) Notwithstanding the Landlord having granted its
consent to any assignment of subleasing , prior to the effective
ymcaleas . agm Rev . 5- 10-89 18
date of any assignment of subleasing , prior to the effective date
of any assignment or the commencement date of any sublease , the
Landlord shall be furnished with a copy of the Fully executed
sublease or assignment of lease agreement . and all "side- letters"
thereto ;
( iii ) No sublease of the Premises shall be for a period
of less than three ( 3 ) years , nor shall any sublease extend
beyond the expiration date of the term of this Lease :
( iv ) No sublease shall be for less than the entire
Premises ;
( v ) No sublease or assignment shall permit the
sublessee or assignee to operate or use the Premises For any use
or uses not permitted under this Lease ;
( vi ) Each sublease shall contain a provision .
satisfactory to the Landlord , requiring the sublessee to attorn
to the Landlord if the Tenant defaults under this Lease and if
the subiessee is notified of the Tenant ' s default and instructed
to make sublessee ' s rental payments , if any, directly to the
Landlord ;
( vii ) The Tenant shall not accept , directly or
indirectly any prepaid rent from any sublessee in excess of one
month ;
( viii ) The Tenant shall pay to the Landlord as additional
rent , within five ( 5 ) business days following the due date of
such sums : (a ) one hundred percent ( 1007. ) of the rent from time
to time payable or paid by such assignee , sublessee or sublessees
to the Tenant ; plus ( b ) one hundred percent ( 100% ) of all other
consideration payable for the assignment of sublease of this
Lease . including , but not limited to , key money and the security
deposit . This covenant shall survive the expiration of the term
of this Lease ; and
( ix ) Each permitted assignee , transferee or sublessee .
other than the Landlord , shall assume and be deemed to have
assumed this Lease and shall be and remain liable jointly and
severally with the Tenant for the payment of the rent and for the
due performance or satisfaction of all of the provisions .
covenants , conditions and agreements herein contained on the
Tenant ' s part to be performed or satisfied . No assignment or
subletting shall be binding on the Landlord unless such assignee
or the Tenant shall deliver to the Landlord a counterpart of such
assignment which contains a covenant of assumption by the
assignee , but the fai ' ure or refusal of the assignee to execute
such instrument of assumption shall not release or discharge the
assignee from its liability as set Forth above .
ymcaleas . agm Rev . 5- 10-89 19
( c ) The Tenant expressly acknowledges that the limitations
and restrictions on its right to assign this Lease or to sublet
the Premises , as set forth in this Section 16 are a part of the
economic terms of this Lease that were expressly bargained for at
the time this Lease was entered into by the Landlord and the
Tenant .
17 . The Tenant ' s Default
( a ) Any of the following events shall constitute a default
under this Lease by the Tenant :
( i ) Failure by the Tenant to make any payment of rent
or other payment required by this Lease when the same is due . and
the continuance of such failure for a period of three ( 3 ) days
after written notice thereof from the Landlord to the Tenant ;
( ii ) The vacating or abandonment (which is defined to
be the Tenant ' s absence from the Premises for seven ( 7 )
consecutive days ) of the Premises by the Tenant ;
( iii ) Except as expressly permitted under this Lease ,
any attempted conveyance , assignment , mortgage or .subletting of
' t►i i s Lea=e or the Perm i ses or. any port ion• the'r-eof;
( iv ) The making by the Tenant of any genera l
assignments or general arrangement for the benefit of creditors ;
the filing by or against the Tenant of a petition for
reorganization or arrangement under any law relating to
bankruptcy (unless . in the case of a petition Filed against the
Tenant , the same is dismissed within sixty (60 ) days ) ; the taking
of any action at the corporate or partnership level by the Tenant
to authorize any of the foregoing actions on behalf of the
Tenant ; the appointment of a trustee or receiver to take
possession of substantially all of the Tenant ' s assets located at
the Premises or of the Tenant ' s interest in this Lease unless
possession is restored to the Tenant within thirty ( 30 ) days ; or
the attachment , execution or other judicial seizure of
substantially all of the Tenant ' s assets located at the Premises
or of the Tenant ' s interest in this Lease , where such seizure is
not discharged within thirty ( 30 ) days ;
( v ) The Tenant ' s ceasing to use the Premises for the
purposes described in Section 5 ( a ) hereof for any period of time ;
and
( vi ) The failure by the Tenant to observe or perform
any material covenant , condition , or provision in this Lease not
already specifically mentioned in this Section 17 , where such
failure continues for thirty ( 30 ) days after written notice from
the Landlord notifying the Tenant of such failure .
ymcaleas . agm Rev. 5- ' 0-89 20
(b ) in the event of any default by the Tenant , the Landlord
may promptly or at any time thereafter , upon notice and demand
and without limiting the Landlord in the exercise of any other
right or remedy which the Landlord may have by reason of such
default or breach :
( i ) Terminate the Tenant ' s right to possession of the
Premises by and lawful means , in which case this Lease shall
terminate and the Tenant shall immediately surrender possession
of the Premises to the Landlord . to such event , the Landlord
shall be entitled to recover from the Tenant :
(A ) The worth at the time of award of the unpaid
rent which had been earned at the time of termination ;
( B1 The worth at the time of award of the amount
by which the unpaid rent which would have been earned
after termination until the time of the award exceeds
the amount of such rental loss that the Tenant proves
could have been reasonably avoided;
( C ) The worth at the time of award of the amount
by which the unpaid rent for the balance of the term
• . af.t•er .the• time of award exceeds the amount Of such
rental loss the Tenant proves can reasonably be
avoided ; and
(0 ) Any other amount necessary to compensate the
Landlord for all detriment proximately caused by the
Tenant ' s Failure to perform its obligations under this
Lease or which in the ordinary course of things would
be likely to result therefrom , including , but not
limited to , the cost of recovering possession of the
Premises ; costs of putting the Premises in good order ,
condition and repair , including necessary rer cation
and alteration of the Improvements on the Premises ;
reasonable attorneys ' fees , court costs , all costs for
maintaining the Premises , all costs incurred in the
appointment of and performance by a receiver to protect
the Premises or the Landlord ' s interest under the
Lease , and any other reasonable cost .
The "worth at the time of award" of the amounts referred to
in subsections ( A ) ana ( B ) above shall be computed by allowing
interest at the rate of 127. per annum . The "worth at the time of
award" of the amount referred to in subsection ( C ) above shall be
computed by discounting such amount at one ( 1 ) percentage point
above the discount rate of the Federal Reserve Bank of San
Francisco at the time of award; or
yrncaleas . agm Rev . 5- 10-89 2 !
iii ) Pursue any other remedy now or hereafter available
to the Landlord under the laws or jud i c i a l decisions of the
State .
( c ) Even though the Tenant may have breached this Lease and
abandoned the Premises , at the Landlord ' s option this Lease shall
continue ' n effect for so long as the Landlord does not terminate
the Tenant ' s right to possession , and the Landlord may enforce
all of its rights and remedies hereunder , including the right to
recover rent as it comes due under this Lease , and in such event
the Landlord will permit the Tenant to sublet the Premises or to
assign the Tenant ' s interest in the Lease . or both , with the
consent of the Landlord, which consent will not unreasonably be
withheld provided the proposed assignee or sublessee is
reasonably satisfactory to the Landlord as to credit and will
occupy the Premises for the same purposes specified herein . For
purposes of this subsection ( c ) , the following shall not
constitute a termination of the Tenant ' s right to possession :
( i ) acts of maintenance or preservation or efforts to relet the
Premises ; or ( if ) the appointment of a receiver under the
initiative of the Landlord to protect the Landlord' s interest
under this Lease .
(d) All covenants and egreemen'ts to • be performed by the
Tenant under any of the terms of the Lease shall be at the
Tenant ' s sole cost and expense and . except as otherwise
specifically provided herein , without any abatement of rent . If
the Tenant sha l l fail to pay any sum of money . other than rent .
required to be paid by it hereunder or shall fail to perform any
other act on the Tenant ' s part to be performed hereunder , and
such failure shall continue for thirty ( 30 ) days after notice
thereof by the Landlord , the Landlord may , but shall not be
obligated so to do . and without waiving any rights of the
Landlord or releasing the Tenant From any obligations of the
Tenant hereunder . make such payment or perform such other act at
the Tenant ' s cost . All sums so paid by the Landlord and all such
necessary incidental costs together with Interest thereon from
the date of such payment by the Landlord in connection with the
performance of any such act by the Landlord shall be considered
rent hereunder . Except as otherwise in this Lease expressly
provided, such rent shall be payable to the Landlord on demand .
or at the option of the Landlord. in such Installments as the
Landlord may elect and may be added to any other rent then due or
thereafter becoming due under this Lease . and the Landlord snail
have ( in addition to any other right or remedy of the Landlord )
the same rights and remedies in the event of the nonpayment
thereof by the Tenant as in the case of default by the Tenant in
the payment of any other rent due hereunder .
( e ) Should the Tenant fail to make any payment of rent when
due hereunder , or should the Landlord advance on behalf of the
Tenant any sum due by the Tenant to a third party as a
vmcaleas .agm Rev . 5- 10-89 22
consequence of the Tenant ' s Failure to timely make such payment
to such third party as and when such payment is due , or as a
result of the Landlord performing an obligation of the Tenant
hereunder , then such sums shall bear interest to the Landlord at
the highest rate then permissible to be charged by non-exempt
lenders under the usury laws of the State .
( F) Should the Land ' ord terminate this Lease under the
provisions of Section 17 , Landlord shall first provide Tenant
with a one year ' s notice . In such instance , Landlord shall
compensate Tenant the sum of $25 . 000 for each unused year of the
initial term .
18 . Holding Over
In the event the Tenant shall with the Landlord ' s written
consent hold the Premises beyond the term of this Lease , such
hold over shall be construed to be a tenancy From month to month
only and not a renewal or extension of the Lease, subject to all
of the restrictions of this Lease , and the Tenant agrees to pay
rent therefor monthly , in advance , during the time of holdover
after the expiration of this Lease , in an amount equal to the
monthly fair rental value of the Premises . Any holding over
without the Landlord ' s written- consent shall be an unlawful
detainer of the Premises .
19 . The Landlord ' s Remedies , Etc . , Cumulative
Each right , power and remedy of the Landlord provided For in
this Lease or now or hereafter existing at law or in equity or by
statute or otherwise is exclusive to every other right , power or
remedy provided for in this Lease or now or hereafter existing at
law or in equity or by statute or otherwise , and the exercise or
beginning of the exercise by the Landlord of any one or more of
the rights , powers or remedies provided for in this Lease or now
or hereafter existing at law or in equity or by statute or
otherwise shall not preclude the simultaneous or later exercise
by the Landlord of any or all such other rights , powers or
remedies .
20 . Estoppel Certificate
The Tenant shall , at any time and From time-to-time not more
than five ( 5 ) days after receiving written notice from the
Landlord , execute , acknowledge and deliver to the Landlord a
statement in writing ( i ) certifying that this Lease is unmodified
and in full force and effect (or , iF modified, stating the nature
of such modification and certifying that this Lease as so
modified , is in full force and effect ) and the dates to which the
rental and other charges are paid in advance , if any , ( ii )
acknowledging that there are not . to the Tenant ' s knowledge . any
uncured defaults on the part of the Landlord hereunder , or
ymcaleas . agm Rev . 5- 10-89 23
specifying such defaults if any are claimed ; and ( iii ) certiFv : ng
any other matters relating to the Lease , the Premises , or the
Tenant ' s business or financial condition the Landlord may
request . Any such statement may be relied upon by any
prospective purchaser or encumbrancer of all or any portion of
the Premises . At the Landlord' s option , the Tenant ' s failure to
deliver such statement within such time shall be a material
breach of this Lease or shall be conclusive upon the Tenant ii )
that this Lease is in full force and effect . without modification
except as may be represented by the Landlord, ( ii ) that there are
no uncured defaults in the Landlord ' s performance . and ( iii ) that
not more than one year ' s rent has been paid in advance or such
failure may be considered by the Landlord as a default by the
Tenant under this Lease.
21 . Exculpation
The term "Landlord" as used herein shall mean only the owner
or owners at the time in question of the fee title or a lessee ' s
interest in a ground lease of the Property. and in the event of
any transfer of such title or interest , the Landlord herein named
( and in case of any subsequent transfers , then the grantor ) ,
shall be relieved From and after the date of such transfer of all
1 i ab -i i ty with respect 'Co the Landlord ' s obi i'gat i ons thereafter•
to be performed , provided that any Funds in the hands of the
Landlord, or the then grantor at the time of such transfer , in
which the Tenant has an interest . shall be delivered to the
grantee. The obligations contained in this Lease to be performed
by the Landlord shall , subject as aforesaid, be binding on the
Landlord ' s successors and assigns only during their respective
periods of ownership.
22 . Entire Agreement
This Lease contains all the promises , agreements ,
conditions , inducements and understandings between the Landlord
and the Tenant relative to the Premises and this Lease . and there
are no promises , agreements , conditions , understandings ,
inducements , warranties or representations , oral or written ,
express or implied , between them other than as expressly set
forth herein . This Lease may be changed , waived, discharged or
terminated only by an instrument in writing signed by the party
against which enforcement of such change , waiver , discharge or
termination is sought . All parties hereto have been represented
in the negotiation and drafting of this Lease by independent
counsel of their own choosing .
23 . Attorneys ' Fees
Should either party hereto institute any action or
proceeding at law or in equity to enforce or to interpret any
ymcaleas . agm Rev . 5- 10-89 24
provisions hereof or for damages or other relief by reason of an
alleged breach of any provision hereof , the prevailing party
shall be entitled to receive from the losing party , in addition
to allowable court costs , such amount as the court may adjudge to
be reasonable as attorneys ' fees for the services rendered the
prevailing party in such action or proceeding, and such amount
may be made a part of the judgment against the losing party .
Should the Landlord . without fault on its part , be made a party
to any litigation instituted by or against the Tenant . the Tenant
covenants to pay to the Landlord all costs and expenses ,
including reasonable attorneys ' fees . incurred by the Landlord in
or in connection with such litigation , on a monthly basis . The
Failure to pay the same , when due any rental or other charges
payable hereunder by the Tenant to the Landlord .
24 . Notices
Any notice or other communications required or permitted
hereunder shall be sufficiently given if in writing and sent by
registered or certified U . S . mail , postage prepaid . return
receipt requested . addressed as follows :
The Tenant : Family YMCA of the Desert .. A California
•
Mutual Benefit Corporation
The Landlord : Palm Desert Redevelopment Agency •
73-510 Fred Waring Drive
Palm Desert . California 92260
Copy to : Richards . Watson & Gershon
333 S . Hope Street , 38th Floor
Los Angeles . California 90071
Attention : William L . Strausz
or such addresses as shall be furnished in writing by any of the
parties and any such notice or communication shall be deemed to
have been given as of the date so mailed .
25 . Waiver
The waiver by the Landlord of any breach of any term .
covenant or condition herein contained shall not be deemed to be
a waiver of such term , covenant or condition of any subsequent
breach of the same or any other term . covenant or condition
herein contained . The subsequent acceptance of rent hereunder by
the Landlord shall not be deemed to be a waiver of any preceding
breach by the Tenant of any term , covenant , or condition of this
Lease , other than the Failure of the Tenant to pay the particular
rental so accepted , regardless of the Landlord ' s knowledge of
such preceding breach at the time of acceptance of such rent .
ymcaleas . aam Rev . 5- 10-89 25
26 . Successors and Assians
The terms , provisions , covenants and conditions contained in
this Lease shall apply to , bind and inure to the benefit of the
heirs , executors , administrators . legal representatives ,
successors and assigns ( where assignment is permitted) of the
Landlord and the Tenant . respectively . Nothing in this
Section 26 shall be construed as a consent by the Landlord to any
assignment of this Lease or any interest therein by the Tenant
except as provided in Section 16 of this Lease .
27 . Short Form Lease
This Lease shag ' not be recorded by either party .
28 . Quiet Enjoyment
The Landlord agrees that the Tenant , upon paying the rentals
required hereunder , and so long as no event of default is in
existence and continuing , and upon the Tenant ' s observing and
performing all of the provisions , covenants and conditions of
this Lease on its part to be performed, may quietly hold, occupy
and enjoy the Premises during the term of the Lease , subject to
the terms of. this Lease ;
29 . Governino Law and Construction
( a ) This Lease shall be governed by the laws of the State
of California .
( b ) The language in all parts of this Lease shall be
construed, in all cases , according to its fair meaning , and not
for or against any party hereto .
30 . Severability
If any provisions of this Lease is held to be invalid or
void by a court of competent jurisdiction , the balance of the
provisions shall , nevertheless , remain in full force and effect .
31 . Counterparts
This Lease may be executed in multiple counterparts each of
which shall be deemed an original .
32 . Monetary Obligations as Rent
All monetary obligations of the Tenant hereunder shall be
considered as additional rent .
ymcaleas . agm Rev . 5- 10-89 26
33 . Headings and Pronouns
The headings in this cease Agreement are for convenience
only and shall not affect , govern or control the construction
hereof. Masculine or feminine pronouns shall be substituted for
the neuter form and vice versa , and the plural shall be
substituted for the singular form and vice versa, in any place or
places herein in which the context requires such substitution or
substitutions .
34 . Additional Documents
The Landlord and the Tenant shall , at any time at or after
execution of this Lease . sign , and deliver , or cause others so to
do , all such documents and instruments or do or cause to be done
all such acts and things reasonably necessary to carry out the
provisions of this Lease .
35 . Accord and Satisfaction
Payment by the Tenant or receipt by the Landlord of a . lesser
.amount. than the, rent or other 'charges herein' st i pu l a 'ed sha•I 1 be
deemed to be on account of the earliest due stipulated rent or
other charges , and any endorsement or statement on any check or
any letter accompanying any check payment as rent or other
charges shall not be deemed an accord and satisfaction, and the
Landlord shall accept such check or payment without prejudice to
the Landlord' s right to recover the balance of such rent or other
charges or pursue any other remedy in this Lease .
36 . No Option
The submission of this Lease to the Tenant shall be for
examination purposes only . and does not and shall not constitute
a reservation of or option for the Tenant to lease , or otherwise
create any interest by the Tenant . in the Premises or any portion
thereof . Execution of this Lease by the Tenant and return to the
Landlord shall not be binding upon the Landlord. notwithstanding
any time interval until the Landlord has in fact executed and
delivered an executed counterpart of this Lease to the Tenant .
vmcaleas . agm Rev . 5- 10-89 27
IN WITNESS WHEREOF . the parties hereto have executed this
Agreement on the day and year First above written .
PALM DESERT REDEVELOPMENT AGENCY
ATTEST :
L./A. eeri y BY r-1 / "47
SecrettTy - Chairman
"Landlord" .-
FAMILY YMCA OF THE DESERT
By
By
• "Tenant'"'
ymcaleas . agm Rev . 5- i0-89 2E
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SITE PLAN
H
a
EXHIBIT B
The YMCA programs are basically defined under the Public Safety .
Educational , and Charitable definitions of the I . R . S . The
programs assist all who cannot afford the fees by providing a
sliding fee structure for those who cannot afford the Fees to
participate . The underlying theme For all programs is :
1 . To develop and maintain responsible leadership . appropriate
programs and adequate facilities which provide the
opportunity for all who wish to participate in the YMCA .
2 . To help individuals to achieve sound physical . mental and
spiritual health .
3 . To help improve the quality of family life and strengthen
the family structure .
4 . To improve the quality and understanding of individual and
group interracial and intercultural relationships .
• ; 5 : To he.IQ individuals constructively partfc°i.pate as good
citizens .
Programs to be conducted by the FAMILY YMCA OF THE DESERT
include :
SPONTANEOUS RECREATION ACTIVITIES
To provide for equipment issuance such as basketballs ,
volleyballs , etc . . for free play activities on the Civic Center
Site recreation facilities .
SUMMER P . L . A . Y . (PLANNED LEISURE ACTIVITIES FOR YOUTH ) PROGRAM :
Each summer , since 1984 , we have provided a half-day Recreation
Program For school -age children , using the Lincoln School as
headquarters . In 1986 . this program was expended to provide a
full -day schedule for working parents who needed a safe place for
their children . This program includes field trips , arts and
crafts . sports events . indoor games and guest speakers . in 1987
and 1988 , there were twice-weekly trips to the College of the
Desert swimming pool . The SUMMER P . L . A . Y . program was expanded
from six to eight weeks , and the full -day program is conducted
all Summer . The Palm Desert programs had 250 children daily .
SUMMER RESIDENT CAMP :
A one-week session for children ages 7- 14 at a mountain camp .
Local volunteers are recruited as counselors for this week- long
trip .
SUMMER TRIPS/CARAVANS :
Week- long trips for Junior High and High School age to Catalina
Island and Yosemite . Trips are conducted in cooperation with the
San Bernardino YMCA .
SUMMER SWIMMING LESSONS :
Conducted at resort pools or private residences . Classes for
infants , toddlers and school -age children . The YMCA Aquatics
Program is recognized nationally as being one of the top programs
for teaching children swimming and diving skills .
YOUTH BASKETBALL LEAGUE :
Conducted in January, February and March for Grades 1 - 10 at the
College of the Desert and the Palm Desert High School gymnasiums .
Over .2.000 ch.i idren part i.0 i pate each Year.
YOUTH GYMNASTICS PROGRAM :
Conducted at the Palm Desert High School and at the Gymnastics
Center in Cathedral City. 120 children , ages 3- 16 , participated
in the Palm Desert Program In September , 1988 . There is a great
need for Gymnastics Instruction in the Coachella Valley .
Children who want to compete in Team Competition must attend
practices in Cathedral City .
YOUTH/ADULT KARATE :
Conducted at the Youth Center in Palm Desert Community Park .
Evening classes for five year olds to adults available.
YMCA YOUTH CENTER :
At the urging of the City of Palm Desert , the Family YMCA merged
with the Palm Desert Youth Center in 1985 . The Youth Center now
operates at a new location in Palm Desert Community Park . For
Grades 6- up , this Center is open daily after school as a
supervised Drop- in Center . Facilities include table games and
refreshments , sports equipment , crafts and other recreational
activities . Junior Volunteers are trained and placed in YMCA
programs to assist adult instructors and staff.
2
PRE-SCHOOL PROGRAM :
Kiddie Kamp for toddlers and parents held at the Youth Center
twice weekly . This program includes activities for pre-schoolers
and parents using movement education , music , games , stories and
crafts .
BEFORE/AFTER SCHOOL CHILDCARE :
In cooperation with local School District , the YMCA provides
Before and After School Childcare at both Lincoln and Washington
Elementary Schools in Palm Desert each school day. Childcare Is
also provided for school -age children during any day that schools
are dismissed early . or for holidays . and during the entire
Christmas and Easter vacation weeks . This service is primarily
for working parents whose children need supervision after school
until the parents ' workday ends .
This program also operates in other Desert Cities : Coachella .
Indio, La Quinta and Rancho Mirage .
The following is a projection of programs that would be provided
to the residents of Palm desert in this fac i i i ty.. Some of these
are existing programs . and others are programs that will be
available when the new facility is built .
YOUTH PROGRAMS
DAY CAMPS/CHILDCARE
The facility would be used for an additional place to conduct
Summer Day camps and Holiday camps .
PRE-TEEN - TEEN PROGRAMS
A meeting room will be used as a Drop- in Center as needed for
this age group .
In addition to recreation activities , a Junior Leadership Program
and Youth and Government Leadership Program could be provided .
The YMCA would organize social and sporting events on evening and
weekends for the Pre-Teen and Teen-Age Youth. The YMCA also
provides a large number of employment opportunities for Teenagers
in its Summer Recreation and Childcare Programs .
PRE-SCHOOL/PARENTING PROGRAMS :
With additional space For programs . the YMCA will provide Parent
Child Classes for Infants and Toddlers .
3
Classes For parents to enhance parenting skills and their
interaction with their children would be given during the week
and on weekends .
PRE-SCHOOL MOVEMENT EDUCATION AND GYMNASTICS
Classes for 2 - 5 year olds in Dance , Gymnastics and Body
Awareness will be provided . Use of the surrounding park and
playground area would enhance this program.
DANCE
Dance programs will be conducted for Ballet , Modern Jazz and
Aerobics for all ages and skill levels .
MARTIAL ARTS
Karate and other forms of Martial Arts of all levels will be
conducted.
YOUTH GYMNASTICS
Many of the local High Schools have had difficulty. providing this
program afictthe- YMCA could assist these children in developing an'
interest in Elementary School .
Classes would be provided from Pre-School to Advanced Levels in
the Multi -purpose Room.
YOUTH BASKETBALL
Actual games would continue at the local College of the Desert
and the Palm Desert High School Gymnasium on Saturdays. Sign-
ups , Coaches Clinics and some of the games for the younger age
group could possibly be held at the Facility .
YOUTH SPORTS CLINICS
Organized Sports Clinics in Soccer , Baseball , Volleyball , Track
and Field and other appropriate Youth Sports .
PARENT-CHILD PROGRAMS
Organized program for Parents and Children participating in
Social Events together (Father/Son and Mother/Daughter Programs ) .
RESIDENT CAMP/FUN TRIPS/CARAVAN TRIPS :
The Facility would facilitate the promotion, sign-ups , and a
central place for people attending these events to leave and
return to .
4
ADULT PROGRAMS
National Health Enhancement programs would be provided as
follows :
Adult and Senior Fitness Class
Aerobics
Healthy Back Classes ( for prevention and relief of lower
back pain )
Weight Management Class ( for Weight Reduction and
Nutritional Counseling )
Stress Management (a ten-week class to aid in management of
stress )
Classes to encourage healthy lifestyles for individuals
Walking Classes ( for Groups or Clubs )
Babysitting Services for Parents involved In activities .
i . e. Fitness ana Hpalth • Classes
COMMUNITY ORGANIZATIONS USE
The meeting rooms could be used for activities and meetings for
other non-profit groups when available .
ADULT-DANCE CLASSES
All levels of Dance will be offered for Adults : Jazz . Ballet .
Square , Country and Ballroom.
FAMILY ACTIVITIES
Any activity or program that encourages the families to
participate together will be provided .
ADDITIONAL PROGRAMS/ACTIVITIES
Other programs that are needed by the community , based on
requests and monitoring of the recreational needs will be
planned.
SPECIAL EVENTS
Holiday events and special City activities can be planned by the
YMCA to incorporate the YMCA Goal of Community Development . The
facility will be made available providing the schedule permits .
5
INTEROFFICE MEMORANDUM
CITY OF PALM DESERT
DATE : April 27 , 1989
TO: HONORABLE CHAIRMAN ANO MEMBERS OF REDEVELOPMENT AGENCY
BOARD
FROM : EXECUTIVE DIRECTOR, REDEVELOPMENT AGENCY
SUBJECT: LEASE AGREEMENT WITH YMCA FOR USE OF THE COMMUNITY
CENTER TO BE CONSTRUCTED ON CIVIC CENTER SITE
Recommendatfon:
That the Agency Board . by minute motion . approve the attached
Lease Agreement with the Family YMCA of the Desert for their
occupancy of the recreation facility to be built on the Civic
Center site, and authorize the Executive Director to execute said
Agreement .
Background:
The Redevelopment Agency is currently in the process of designing
a community center on the Civic Center site . The facility is
budgeted at one million dollars .
In addition. the City' s Capital Improvement Budget has contained
for the past 2- 3 years , $300 . 000 offsite improvements for the
facilities . The proposal Is that such community center be run
and operated by the Family YMCA of Palm Desert in its efforts to
provide its services to the community.
The Lease Agreement provides that :
1 . The center will be leased to the Family YMCA of the Desert
for an Initial term of 10 years ;
2 . The compensation through such initial term to the Agency
will be the provision of community recreation services as
outlined in Exhibit " " ;
3 . The YMCA will deed to the Agency two acres it currently owns
within the Civic Center site ;
4 . The YMCA will pay one dollar ( $ 1 . 00 ) per year as rent .
There are two options to extend the lease . Under the same terms
and conditions , the first option could be exercised at the end of
the initial term aria the Agency is only obligated to extend the
lease if the YMCA has built an addition of 5 , 000 sq. Ft . The
first option would be for a period of 20 years . There are
provisions for an additional 20 year option if the YMCA has added
another 5 , 000 sq . ft . during the first 20 year option .
The Lease provides that the premises will be used solely as a
nonprofit institution available to the general public for those
services customarily provided by the Family YMCA ; that the YMCA
would be responsible for setting fees and charges for
participation , but that however , participation will not be denied
to any member of the public based on YMCA membership . There is a
nonmember fee that could be established for non-YMCA members ,
provided such fees bear a direct relationship to the costs of
providing the service . The YMCA , under the Agreement , is
required to furnish , install and maintain personal property,
furniture, fixtures and equipment ; maintain all of the premises ;
pay for insurance , utilities and any property taxes that may
result from the YMCA ' s use of facilities . In addition, the YMCA
is to provide for repair and maintenance to the facilities and
not make any alterations unless such alterations are approved by
the RDA and the City . The YMCA is responsible for providing
insurance for both the facility and general liability.
An important provision of the Agreement is that if the YMCA were
to be terminated during the Initial term for nonperformance that
the Agency would compensate them for terminating the Lease , and
that the value of such compensation would be equivalent to
$25 . 000 for each unused year of the initial 10-year
term.
6Z/44°
Carlos L . Ortega
Executive Director
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