HomeMy WebLinkAboutC35450 - CSUSB Use of University Park East Community GardenCONTRACT NO. 35450
CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
REQUEST: REQUEST FOR APPROVAL OF A LEASE AGREEMENT BETWEEN
THE CITY OF PALM DESERT AND CALIFORNIA STATE
UNIVERSITY, SAN BERNARDINO, PALM DESERT CAMPUS
OUTLINING TERMS FOR USE OF A PORTION OF UNIVERSITY
VILLAGE PARK EAST FOR A COMMUNITY GARDEN FOR STUDENT
EDUCATIONAL PURPOSES
SUBMITTED BY: Kimberly Warpinski, Management Analyst
APPLICANT: California State University, San Bernardino, Palm Desert Campus
37-500 Cook Street, Palm Desert, CA 92211
DATE: June 30, 2016
CONTENTS: Draft University Park Community Garden Lease Agreement
Recommendation
By Minute Motion, approve the attached lease agreement permitting
California State University, San Bernardino, Palm Desert Campus (PDC) to
enter into a three-year lease of the vacant community garden space located
at University Village Park East (a portion of APN 694190039) with option for
three one-year renewal periods.
Strateqic Plan Objective
Following the Parks and Recreation Priority Two of the Strategic General Plan, this
lease would serve to establish a creative partnership that fosters both educational
and recreational activities for local students that utilizes existing park space.
Backqround
University Park East was completed approximately in 2008 by the original developers of the
University Park master planned community. The park was dedicated to the City as a public
facility in lieu of paying park fees. Located within the park, there is approximately 2,000
square feet of land identified as a future community garden for area residents once the
home construction is completed.
PDC has approached the City with the request to utilize the empty space as an educational
community garden where students will learn to cultivate produce and understand the
biology behind agricultural processes first-hand until the space is once again needed by the
Staff Report
CSUSB-Lease: University Park East
Page 2 of 2
June 30, 2016
City. They understand the garden area is intended for future area residents; however, would
like to utilize the space until the surrounding community is developed.
Both Parties desire to enter into an agreement for PDC's use and enjoyment of the parcel
for planting and nurturing a community garden for enjoyment and educational purposes.
Additionally, the City is willing to offer for such use by PDC, under the terms set forth within
the attached lease agreement.
Fiscal Analysis
There is no fiscal impact from staff's request.
Submitted By:
Kimberly Warpinski,lManagerr/ent Analyst
Department Head:
13�0�
Ryan Stendell, Director of Community Development
Approval:
G
McCarthy, Interim gAyrN'anager
CONTRACT NO. 35450
LEASE AGREEMENT
This LEASE AGREEMENT ("Agreement") is made as of the day of ,
2016 by and between the CITY OF PALM DESERT, a California municipal corporation
("City") and CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO, PALM DESERT
CAMPUS, ("PDC") for use of a portion of APN 694190039, which is legally described on
Exhibit "A" University Village Park East for a community garden as stated herein.
RECITALS
A. City is the owner of certain real property in the City of Palm Desert, County of
Riverside, State of California comprising approximately 2,000 square feet of land area located at
University Village Park East, 74902 University Park Drive, Palm Desert, California 92211,
identified as a portion of APN 694190039, and legally described on Exhibit "A" attached hereto
and depicted on Exhibit "B", both of which are attached hereto and incorporated herewith by this
reference (the "Parcel".)
B. Both Parties desire to enter into an Agreement for PDC's use and enjoyment of
the Parcel for planting and cultivating a community garden for enjoyment and educational
purposes, and the City is willing to offer for such use by PDC, under the terms set forth herein.
NOW, THEREFORE, in consideration of the mutual promises contained in this
agreement, City and PDC agree as follows:
Use of Parcel and Term.
a. Use of Parcel. City, in consideration of the covenants hereinafter
provided hereby leases to PDC, and PDC hereby leases from City, the Parcel to be used as a
community garden for the benefit of PDC students.
b. Term. The initial term of this Lease shall be for a period of three
(3) years.
C. Renewal. The Lease may renew for three additional one (1) year
terms unless either City or PDC provides written notice to the other of nonrenewal no later than
three (3) months prior to the end of the current term.
2. Conditions of Use.
a. City Approval. Any land improvements, sign placements, or
community garden events must first be approved by City.
b. As is Condition. PDC accepts the Parcel in an "As is" condition,
without representation or warrant, express or implied.
C. Maintenance. During the Term of this Lease, PDC shall maintain
the Parcel, including any improvements on the Parcel, in good order and condition to the
satisfaction of the City.
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CONTRACT NO. 35450
d. No Citv Responsibilities. PDC has sole responsibility for planning,
setup, management, and carrying out of operations on the Parcel. City has no obligation to make
any alterations, improvements, or repairs of any kind on the Parcel, or to provide any services or
other support.
e. No Transfers. PDC may not assign, mortgage, pledge, encumber,
or otherwise transfer this Lease, or sublet or allow the Parcel or any part of the Parcel to be used
or occupied by others, except by persons maintaining a plot and who are party to an agreement
with PDC.
f. Security. PDC will maintain a security system to prevent entrance
to the garden outside of operating hours, such as a system of fences and locks.
g. Equipment and Storage. If PDC keeps equipment or tools on the
Parcel, PDC must provide a storage container and make a reasonable effort to keep tools stored
away when not in use for gardening. City is not responsible for property stored by PDC on the
Parcel.
h. Liens. PDC will not incur, create, assume, or permit the creation
of, any lien on any portion of the Parcel (including any mechanic's or materialmen's liens). PDC
will keep the Parcel clear of any and all liens arising out of any work performed or materials
furnished to PDC for or at the Parcel and any other obligations PDC incurs.
i. Commercial Enterprise. PDC will not undertake or allow the
undertaking of any commercial enterprise, including but not limited to sales of produce, on the
Parcel without express permission from City.
Expenses.
a. Utilities. PDC, at its own expense, shall be responsible for all
utility charges (electricity, water, and gas, etc.,) during the Term of the Lease. At PDC's sole
expense, City will install or cause to be installed a sub -meter for the Parcel to track PDC's water
usage and charge PDC for all water usage associated with its use of the Parcel.
b. Taxes. City will have sole responsibility for all property tax returns
and payments relating to the Parcel required by any federal, state, or local tax authority. PDC
will have sole responsibility for all tax returns and payments required by any federal, state, or
local tax authority in connection with PDC's operations. PDC will have sole responsibility for
paying all personal property taxes or assessments levied on PDC's personal property on the
Parcel and all income or sales taxes that result from PDC's operations on the Parcel.
4. Termination.
a. At Will. This Lease may be terminated at any time by either City
or PDC. Such termination will be effective three (3) months after delivery by the terminating
party to the other party of a written notice of termination.
b. Breach by PDC. If PDC breaches any of its duties or obligations
under this Lease, City may provide PDC with written notice of the breach. If PDC fails to cure
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CONTRACT NO. 35450
the breach within thirty (30) days after receipt of such notice, City may terminate this Lease by
providing written notice, with the termination date effective thirty (30) days after delivery of
such notice to PDC. City will, in its sole discretion, determine whether the breach has been
cured.
C. Yielding Possession. Upon termination of this Lease, PDC will
leave and surrender the Parcel to City in at least as good order and condition as on the date that
this Lease is signed.
d. Cooperate in Transition. Upon termination or expiration of this
Lease, the rights of PDC under this Lease will immediately, automatically, and without
consideration terminate and revert to City.
e. Holding Over. If City terminates this Lease, any holding over by
PDC after termination of this Lease without City's express written consent is not a renewal or
extension of the Lease and will not give PDC rights in or to the Parcel.
f. Cumulative Remedies. All of City's rights, powers and remedies
under this Lease are cumulative and not alternative and will be in addition to all rights, powers,
and remedies given to City at law or in equity. The exercise of any one or more of these rights or
remedies will not impair City's right to exercise any other right or remedy including any all
rights and remedies of a landlord under or any similar, successor, or related laws.
5. Indemnity and Waiver of Liability.
a. Indemnification. PDC will defend, indemnify, and hold City and
City's directors, officers, employees, agents, and assigns (City and such persons are referred to
collectively as "City Parties"), harmless against all claims, liabilities, losses, damages, expenses,
and attorneys' fees (together, "Losses"), including, without limitation, Losses arising from any
death, property damage, or injury of any nature whatsoever that may be suffered or sustained by
PDC or any of PDC's licensed gardeners, employees, contractors, family members, students,
guests, volunteers or any other person in a relationship with PDC or PDC's licensed gardeners or
otherwise participating in or present at the Parcel (PDC and such persons are referred to
collectively as "PDC Parties"), which may arise directly or indirectly from (a) PDC Parties' use
or operation of or presence on the Parcel, or (b) any breach by PDC of this Lease, including,
without limitation, PDC's failure to enforce garden rules and regulations, except to the extent the
Loss is caused by the gross negligence or willful misconduct of City. This Section 5(a) will
survive any termination of this Lease.
b. Waiver of Liability. PDC releases and waives all claims against
City with respect to or arising out of (a) any death or any injury of any nature whatsoever that
may be suffered or sustained by PDC from any causes whatsoever, except to the extent that such
injury or death is caused by the gross negligence or willful misconduct of City; (b) any loss or
damage or injury to any property on or about the Parcel belonging to PDC, except to the extent
such injury or damage is to property not covered by insurance carried (or required to be carried)
by PDC and is caused by gross negligence or willful misconduct of City; or (c) the condition of
the Parcel and suitability of the Parcel for use as a community garden. Subject to the prior
provisions, City shall not be liable for any damage or damages of any nature whatsoever to PDC
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CONTRACT NO. 35450
caused by explosion, fire, theft, crime, or negligent behavior, by sprinkler, drainage, plumbing,
or irrigation systems, by failure for any cause to supply adequate drainage, by the interruption of
any public utility or service, by steam, gas, water, rain, or other substances leaking, issuing, or
flowing into any part of the Parcel, by natural occurrence, riot, court order, requisition, or order
of governmental body or authority, or for any damage or inconvenience which may arise through
repair, maintenance, or alteration of any part of the Parcel, or by anything done or omitted to be
done by PDC Parties or any other person on the Parcel. In addition, City shall not be liable for
any Losses for which PDC is required to insure. This Section 5(b) will survive any termination
of this Lease.
6. Insurance.
a. Insurance. PDC will, at its own cost, take out and maintain without
interruption during the term of this Lease comprehensive general liability insurance naming City
as an additional insured, affording coverage for bodily and personal injury liability, including
liability for death, and property damage, or a combination thereof, in an amount not less than
One Million Dollars $1,000,000. Coverage shall be made on an "occurrence" basis and not a
"claims made" basis.
b. Evidence of Insurance. On or before City delivers possession of
the Parcel to PDC, PDC will provide City with a copy of the insurance policies required by
Section 6(a). PDC will deliver to City evidence of each renewal or replacement of any required
insurance policy at least 10 days prior to the expiration of such policy. In lieu of the actual
policies, PDC may deliver to City a certificate of insurance evidencing PDC's insurance policies,
provided that City also receives a copy of the endorsement naming City as an additional insured.
7. General Provisions.
a. Entire Agreement. This Lease is the entire agreement between City
and PDC and supersedes all prior or contemporaneous written and oral agreements, negotiations,
correspondence, course of dealing and communications between City and PDC relating to the
same subject matter.
b. Modification and Severabilitv. This Lease may be modified only as
stated in a writing signed by both City and PDC which states that it is an amendment to this
Lease. if any provision in this Lease is held invalid or unenforceable, the other provisions will
remain enforceable, and the invalid or unenforceable provision will be considered modified so
that it is valid and enforceable to the maximum extent permitted by law.
C. Waiver. Any waiver of any term of this Lease must be in writing.
Failure, neglect, or delay by a party at any time to enforce the provisions of this Lease will not be
considered a waiver of that party's rights under this Lease. Any waiver shall not be considered a
waiver of any later breach or of the right to enforce any provision of this Lease.
d. Compliance with Laws. PDC agrees that its use of the Parcel shall
at all times remain in compliance with all local, state, and federal laws.
C. Countemarts. This Lease may be executed in one or more
counterparts, each of which shall be deemed an original and all of which will be taken together
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CONTRACT NO. 35450
and deemed to be one instrument. Transmission by fax or PDF of executed counterparts
constitutes effective delivery.
f. Third -Party Beneficiaries. Except as specifically provided in
Section 5 of this Lease, this Lease is for the exclusive benefit of City and PDC, and not for the
benefit of any third party including, without limitation, any gardener, employee, or volunteer of
PDC. All City Parties are an express third party beneficiary of Section 5.
g. Notices. Notices and consents under this Lease must be in writing
and delivered by mail, courier, or fax to the addresses set out on the signature page of this Lease.
These addresses may be changed by written notice to the other party. Notices given in the
manner provided by this Section 7(g) will be considered given two (2) business days after
deposit in the mail, or the first business day after delivery to a courier or delivery by fax.
h. Governin>? Law; Jurisdiction and Venue. This Lease is governed
by California law. PDC consents to the exclusive jurisdiction and venue of the state and federal
courts of San Diego County, California.
IN WITNESS WHEREOF, City and PDC have executed this instrument as of the
Effective Date.
CITY OF PALM DESERT ATTEST
Palm Desert Civic Center, 73-510 Fred Waring By:
Drive, Palm Desert, CA 92260; Rachelle D. Klassen
FAX: (760) 340-0574 City Clerk
wo
Justin McCarthy
Interim City Manager
APPROVED AS TO FORM:
Robert W. Hargreaves, City Attorney
CALIFORNIA STATE UNIVERSITY, SAN
BERNARDINO, PALM DESERT CAMPUS
37-500 Cook Street, Palm Desert, CA 9221 l;
FAX: (909) 537-8180
By:
Print Name:
Title:
72500.00000\24626677.1 -5-
CONTRACT NO. 35450
EXHIBIT "A"
A PARCEL OF LAND LOCATED IN THE STATE OF CA, COUNTY OF
RIVERSIDE, WITH A SITUS ADDRESS OF, CA - CURRENTLY OWNED BY
CITY OF PALM DESERT HAVING A TAX ASSESSOR NUMBER OF 694-190-
039 AND BEING THE SAME PROPERTY MORE FULLY DESCRIBED AS 2.50
ACRES IN POR PAR 14 PM 211/063 PM 31730 AND DESCRIBED IN
DOCUMENT NUMBER [N/A] DATED [N/AJ AND RECORDED [N/A].
725(X).(l(xl00\24626677.1 6
CONTRACT NO. 35450
EXHIBIT "B"
72500.00000\24626677.1
CONTRACT NO. 35450
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