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HomeMy WebLinkAboutC34880 - Portola Cmnty Ctr Sp No. 5 - Lease Agmtg: n Contract No. C34880 CITY OF PALM DESERT SPECIAL PROGRAMS DEPARTMENT STAFF REPORT REQUEST: AUTHORIZE THE MAYOR TO ENTER INTO ONE-YEAR LEASE AGREEMENT WITH JEFF ALLEY DBA: MALKA JOY ALLEY FOR OFFICE SPACE NO. 5 AT THE PORTOLA COMMUNITY CENTER SUBMITTED BY: Frankie Riddle, Director of Special Programs APPLICANT: Malka Joy Alley C/O Jeff Alley P.O. Box 13404 Palm Desert, CA 92261 DATE: December 10, 2015 CONTENTS: Lease Agreement Recommendation By Minute Motion, authorize the Mayor to enter into one-year lease agreement with Jeff Alley DBA: Malka Joy Alley for the lease of Office Space No. 5 at the Portola Community Center Background There are seven office spaces at the Portola Community Center. Six of these office spaces are currently occupied by the Citizens on Patrol Program, the Historical Society, Thrive On, Incight, and Christopher's Club House. The previous tenant, Signature Resources, vacated the office space as of November 2015. It should be noted that in 2014 the decision was made to expand the use of the Portola Community to include for profit businesses if no non-profit agency or community group expressed an interest in leasing available space. In 2014 the first for profit business (Signature Resources) was approved to lease space, however, in November 2015 the business relocated. As a result, the space was available to be released. As such, Mr. Jeff Alley (a Citizen's on Patrol Member) expressed interest in leasing the office space. STAFF REPORT MALKA JOY ALLEY PORTOLA COMMUNITY CENTER LEASE AGREEMENT DECEMBER 10, 2015 PAGE 2 Mr. Alley operates an on-line based business that operated as a sole proprietor without employees. This is a web based business that sells adjustable bed parts and accessories to customers, products are shipped direct to customers. The space will be utilized for general administrative work and will operate primarily Monday through Friday from 8 a.m. to 6 p.m. Staff recommends that City Council authorize the Mayor to enter into a one-year lease agreement (which automatically renews unless otherwise notified by either party) with Jeff Alley DBA: Malka Joy Alley for Office Space No. 5 (128 square feet) within the Portola Community Center at an annual rate of $1,536.00. Fiscal Impact Approval of this lease agreement between the City and Jeff Alley DBA: Malka Joy Alley will bring $1,536.00 annually to the General Fund. Submitted By: Frankie Rdddle Director of SIX Approval: I Programs Rudy Ff. Acosta Assistant City Manager Paul S. Gibson Director of Finance Jof h M. Wohlmuth City Manager Contract No. C34880 LEASE AGREEMENT This Lease is entered into this 1st day of January, 2016, by and between the CITY OF PALM DESERT, a municipal corporation (the "Lessor"), and the Malka Joy Alley, a Sole Proprietorship (the "Lessee") WITNESSETH 1. PREMISES. Lessor hereby leases to Lessee and Lessee hereby hires from Lessor that certain space (the "Leased Space") on the first floor of the building at 45-480 Portola Avenue in the City of Palm Desert, California, commonly known as the Portola Community Center (the "Building"). The Leased Space is more particularly described in Exhibit "B," attached hereto and incorporated herein by this reference. The Leased Space (Office Space No. 5) consists of a total of One Hundred Twenty-eight (128) square feet of office space. 2. TERM. The term of the Lease shall be for a period of one (1) year, commencing January 1, 2016, and continuing thereafter until December 31, 2016, unless terminated earlier as provided in the Lease. 3. AUTOMATIC RENEWAL OF LEASE TERM. Provided that Lessee is not in default hereunder, the Lease term shall be automatically renewed for one-year periods, subject to the same terms and conditions set forth herein. All renewal terms shall commence on the day immediately succeeding the expiration date of the previous Lease term. In the event Lessee does not wish the Lease term to automatically renew, Lessee shall give Lessor not less than sixty (60) days written notice prior to the expiration date of the initial Lease term or the renewal term as the case may be. PORTOLA COMMUNITY CENTER Contract No. C 34880 MALKA JOY ALLEY LEASE AGREEMENT FOR OFFICE SPACE #5 4. RENT. Lessee shall annually pay to Lessor as and for rent on the Leased Space the sum of One Thousand Five Hundred -Thirty Six Dollars (cost breakdown: $1.00 per square foot x 128 square feet x 12 months=$1,536.00). Said rent shall be payable on or before the commencement date of this Lease Agreement or any renewal term thereof. 5. USE OF PREMISES. The Leased Space shall be used for general office purposes by Lessee and for no other uses without the prior written consent of Lessor. 6. COMMON AREAS OF BUILDING. A. Use of Common Areas. Lessee shall have the nonexclusive right during the term of this Lease to use the common areas of the Building itself, its employees, agents, clients, invitees and licensees. The term "common areas" means the portions of the Building that, at the time in question, have been designated and improved for common use by and for the benefit of more than one Lessee in the Building, including, but not limited to, the parking areas, landscaped area, exterior walks, interior corridors, restrooms, reception area and community room. B. Use of Community Room After Hours. In the event that Lessee requires the use of the community room after hours, Lessee shall pay to Lessor the sum of Thirteen ($13.00) per hour for said use. After hours shall be defined as Monday through Friday, after 8:30 p.m., Saturdays, Sundays and holidays. 7. UTILITIES. C. Lessor's Obligations. Lessor shall, at Lessor's sole cost and expense, provide the following utilities for the Leased Space and Building: water, gas, 2 Updated 5/14/14 PORTOLA COMMUNITY CENTER Contract No. C 34880 MALKA JOY ALLEY LEASE AGREEMENT FOR OFFICE SPACE #5 electric, and cable television. Telephone service shall be provided by Lessor only for the reception area of the Building. D. Lessee's Obligations. Lessee shall, at Lessee's sole cost and expense, pay for all telephone service charges, together with any taxes thereon and connection charges, for the Leased Space. 8. STAFFING OF RECEPTION AREA AND SECRETARIAL SERVICES. Lessor shall provide a receptionist to staff the reception area of the building and provide secretarial assistance (except answering the phone) based on square footage of occupied office space. The number of secretarial hours provided for the above listed square footage is 5.12 per month. Said services shall be available Monday through Friday, 8 a.m. to 5 p.m., excluding lunch hours, holidays, and weekends. However, the Lessor's reserve the right to terminate these services at such time as there is a change in the facility operation. 9. FURNISHINGS. A. Lessor's Obligations. Lessor shall provide the following furnishings for the Building: 1. Desks, file cabinets and general office furniture shall be provided in the community room(s). 2. Approximately five (5) banquet tables and fifty (50) stackable chairs shall be provided in the community room (s). B. Lessee's Obligations. Lessee shall provide the following furnishings for the Leased Space and Building: 1. All office furnishings for the Leased Space. 3 Updated 5/14/14 PORTOLA COMMUNITY CENTER Contract No. C 34880 MALKA JOY ALLEY LEASE AGREEMENT FOR OFFICE SPACE #5 2. Any additional furniture needed for special events sponsored by Lessee, other than the furniture provided by Lessor in accordance with Section 10A above. 10. MAINTENANCE. A. Lessor's Obligations. Except as otherwise provided herein, Lessor shall, at Lessor's sole cost and expense, perform all outside common area landscape maintenance, all common area Building maintenance, and all common area janitorial maintenance. B. Lessee's Obligations. Except as otherwise provided herein, Lessee shall, at Lessee's sole cost and expense, provide any and all cleaning and janitorial services required in the Leased Space. C. Recyclinq: Per AB939, the City of Palm Desert is required to divert 50% of its waste from the landfill and implement diversion programs. In order to meet this mandate, the City, all City owned facilities, and contractors performing work for the City, are required to participate in recycling programs, (e.g. chemicals, batteries, electronic waste, construction and demolition waste, bottles, cans, paper, plastic, etc). and all environmental and conservation programs. Therefore, the Lessee agrees to participate in the City of Palm Desert's recycling programs, (office recycling, household hazardous waste, etc.). The City shall provide recycling containers and education to all tenants regarding any existing and future recycling, environmental, and conservation programs. 11. INSPECTION BY LESSOR. Lessee shall permit Lessor or Lessor's agents, representatives or employees to enter the Leased Space at all reasonable times 4 Updated 5/14/14 PORTOLA COMMUNITY CENTER Contract No. C 34880 MALKA JOY ALLEY LEASE AGREEMENT FOR OFFICE SPACE #5 for the purpose of inspecting the Leased Space to determine whether Lessee is complying with the terms of this Lease and for the purpose of doing other lawful acts that may be necessary to protect Lessee's interest in the Leased Space under this Lease. 12. ENTRY BY LESSOR. Lessor shall retain a key to the Leased space, so that it may have access to enter the Leased Space (a) in the event of an emergency; (b) to make necessary or agreed repairs and supply necessary or agreed services; and (c) to exhibit the Leased Space to prospective or actual purchasers, mortgagees, tenants, workers or contractors. In the event that Lessee changes the locks to the Leased Space, Lessee shall immediately provide Lessor with a new key so that Lessor can have access to and enter the Leased Space pursuant to this Paragraph. 13. RULES AND REGULATIONS. Lessee shall fully and faithfully comply with and observe all rules and regulations set forth in the Facility Use Agreement, attached hereto as Exhibit "A" and incorporated herein by this reference. 14. INDEMNIFICATION. Except for the sole negligence of Lessor, Lessee shall defend, indemnify and keep and hold the City of Palm Desert, including its officers, employees and agents, their successors and assigns, harmless from any and all costs, liability, damage or expense (including costs of suit and fees and expenses of legal services) claimed by anyone by reason of injury to or death of persons, or damage to or destruction of property, including property of Lessee, sustained in, on or about the demised premises or arising out of the use, occupancy, acts, or omissions of Lessee, its employees and agents, or its contractors, licensees, invites or subtenants, their successors and assigns or arising out of the condition of the property. Lessor shall, by 5 Updated 5/14/14 PORTOLA COMMUNITY CENTER Contract No. C34880 MALKA JOY ALLEY LEASE AGREEMENT FOR OFFICE SPACE #5 appropriate, written notice to Lessee, advise Lessee as soon as practicable regarding any potential liability of Lessee under this Section. 15. INSURANCE SPECIFICATIONS. Without limiting Lessee's indemnification of the City of Palm Desert, and prior to commencement of Lease, Lessee shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to the City. A. General Liability Insurance. Lessee shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. B. Workers' Compensation Insurance. Lessee shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000). Lessee shall submit to the City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City of Palm Desert, its officers, agents, employees, and volunteers. C. Personal Property Insurance. Upon commencement of construction of tenant improvements and betterments, or installation of equipment, with approval of Lessor, Lessee shall obtain and maintain insurance on tenant's improvements and betterments. Policy shall be provided for replacement value on an "all risk" basis. There shall be no coinsurance penalty provision in any such policy. D. Proof of Insurance. Lessee shall provide certificates of insurance 6 Updated 5/14/14 PORTOLA COMMUNITY CENTER Contract No. C 34880 MALKA JOY ALLEY LEASE AGREEMENT FOR OFFICE SPACE #5 to Lessor as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsement must be approved by the City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with Lessor at all times during the term of this contract. Lessor reserves the right to require complete, certified copies of all required insurance policies, at any time. E. Duration of Coverage. Lessee shall procure and maintain for the duration of the contract, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Lessee, his/her agents, representatives, employees, or subconsultants. F. Lessor's Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, Lessor has the right but not the duty to obtain the insurance it deems necessary and any premium paid by Lessor will be promptly reimbursed by Lessee. In the alternative, Lessor may cancel this Agreement. G. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. H. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the 7 Updated 5/14/14 PORTOLA COMMUNITY CENTER Contract No. C 34880 MALKA JOY ALLEY LEASE AGREEMENT FOR OFFICE SPACE #5 City of Palm Desert, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow Lessee or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Lessee hereby waives its own right of recovery against the City of Palm Desert, and shall require similar written express waivers and insurance clauses from each of its subconsultants. I. Enforcement of Contract Provisions (non estoppel). Lessee acknowledges and agrees that any actual or alleged failure on the part of Lessor to inform Lessee of non- compliance with any requirement imposes no additional obligations on Lessor nor does it waive any rights hereunder. J. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. K. Notice of Cancellation. Lessee agrees to oblige its insurance agent or broker and insurers to provide to Lessor with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. L. Additional Insured Status. General liability policies shall provide, or be endorsed to provide, that the City of Palm Desert and its officers, officials, 8 Updated 5/14/14 PORTOLA COMMUNITY CENTER Contract No. C 34880 MALKA JOY ALLEY LEASE AGREEMENT FOR OFFICE SPACE #5 employees, and agents shall be additional insureds under such policies. This provision shall also apply to any excess liability policies. M. Lessor's Right to Revise Specifications. Lessor reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving Lessee ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Lessee, the Lessor and Lessee may renegotiate the Lease Agreement. N. Self -Insured Retentions. Any self -insured retentions must be declared to and approved by Lessor. Lessor reserves the right to require that self - insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by the Lessor. O. Timely Notice of Claims. Lessee shall give Lessor prompt and timely notice of claims made or suits instituted that arise out of, or result from, Lessee's performance under this Agreement and that involve, or may involve, coverage under any of the required liability policies. P. Additional Insurance. Lessee shall also procure and maintain at its own cost and expense, any additional kinds of insurance, which in its own judgment, may be necessary for its proper protection. 16. SUBLETTING AND ASSIGNMENTS. Lessee shall not assign or sublease this Lease, or any interest therein, without first obtaining the prior written consent of Lessor. 9 Updated 5/14/14 PORTOLA COMMUNITY CENTER Contract No. C 34880 MALKA JOY ALLEY LEASE AGREEMENT FOR OFFICE SPACE #5 17. DESTRUCTION OF PREMISES. In the event the Building is damaged or destroyed by fire, flood, explosion, earthquake, public enemy, riot, civil commotion or act of God, Lessor shall repair the Building with due diligence. The rent payable under the Lease shall be abated from the date of damage until the completion of the repairs. Notwithstanding the foregoing, if the Leased Space of Building cannot be repaired within six months from the date of the event causing the damage, Lessor or Lessee may elect to terminate the Lease by giving the other party written notice within thirty (30) days after the event causing the damage or destruction. 18. TERMINATION OF LEASE. Except as otherwise provided herein, Lessee or Lessor may terminate this Lease at any time after giving sixty (60) days prior written notice to the other party. In the event Lessor terminates this Lease prior to the completion of any Lease term, Lessor shall refund to Lessee the prorated share of rent paid by Lessee for the remaining Lease term. In the event Lessee terminates this Lease prior to the completion of any Lease term, Lessor shall not refund to Lessee any prorated share of rent paid by Lessee for the remaining Lease term. 19. DEFAULT IN PERFORMANCE BY TENANT. The failure by Lessee to observe and perform any provision of this Lease to be performed or observed by it shall constitute a default and breach of this Lease when that failure continues for thirty (30) days after written notice of Lessee's failure is given by Lessor; provided, however, that if the nature of the default is such that it cannot be cured within said thirty (30) day period, Lessee shall not be deemed to be in default if Lessee commences that cure within the thirty (30) day period and thereafter diligently proceeds to completely cure the default. 20. MISCELLANEOUS. 10 Updated 5/14/14 PORTOLA COMMUNITY CENTER Contract No. C 34880 MALKA JOY ALLEY LEASE AGREEMENT FOR OFFICE SPACE #5 A. Governing Law. This Lease shall be governed by and interpreted under the laws of the State of California. B. Binding on Successors. The covenants, conditions and agreements of this Lease shall be binding upon and shall inure to the benefit of the representatives, successors and assigns of the parties hereto. C. Entire Agreement. This Lease contains the entire agreement between the parties, and supersedes any prior or written statements or agreements between the parties hereto. D. Waiver of Breach. The waiver of Lessor of any breach by Lessee of any provision of this Lease shall not constitute a continuing waiver or a waiver of any subsequent default or breach of Lessee either of the same or a different provision of this Lease. E. Notices. Except as otherwise provided by law, any and all notices or communications required or permitted by this Lease or by law to be served on or given to either party to this Lease by the other party shall be in writing, and shall be deemed served and given when deposited in the United States mail, first-class postage prepaid, addressed as follows: LESSOR: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 LESSEE: Jeff Alley Malka Joy Alley P.O. 13404 Palm Desert, CA 92255 (760) 641-1456 jeff@ajustablebedmart.com Updated 5/14/14 PORTOLA COMMUNITY CENTER Contract No. C 34880 MALKA JOY ALLEY LEASE AGREEMENT FOR OFFICE SPACE #5 F. Attorneys' Fees. In the event of any controversy, claim or dispute between the parties, hereto, arising out of or relating to this Lease, or breach thereof, the prevailing party shall be entitled to recover from the other party all reasonable expenses, attorneys' fees and costs, including the cost of enforcing any judgment contained in such action. G. Severability. If any portion of this Lease is declared by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions of this Lease shall remain in full force and effect. H. Counterparts. This Lease may be signed in counterparts, each of which shall constitute an original and which shall collectively refer to one instrument. IN WITNESS WHEREOF, the parties hereto have executed this Lease the day and year first above written. LESSOR: CITY OF PALM DESERT By: SUSAN MARIE WEBER, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK LESSEE: JEFF ALLEY By: Print Name: Title: 12 Updated 5/14/14 PORTOLA COMMUNITY CENTER Contract No. C 34880 MALKA JOY ALLEY LEASE AGREEMENT FOR OFFICE SPACE #5 EXHIBIT A PORTOLA COMMUNITY CENTER 45-480 PORTOLA AVENUE, PALM DESERT, CA 92260 FACILITY USE AGREEMENT 1. Applications to use the facility must be submitted on the form provided by the Portola Community Center. The application must be signed by an adult age 21 and over who will attend, supervise, and be responsible for the entire event or activity. A reservation calendar for use of the Portola Community Center will be developed every six months. 2. Applicants must provide all information required to assure compliance with the requirements and regulations of the facility. If any incomplete or incorrect information is provided on the application (i.e. contact information, nature of event, expected attendance), facility staff may immediately cancel the rental without refund of fees of deposit. 3. Approval or denial of an application will be made within seven (7) working days of receipt of the completed application. 4. Exceptions may be made by the City of Palm Desert and Portola Community Center and appeals can be made to the City Manager. 5. A non-refundable After Hours Use of Facility Fee of $13.00 per hour (two hour minimum charge) shall be required for scheduling any meetings before the hours of 8:00 a.m. and/or after the hours of 8:30 p.m. Monday through Friday, or Saturdays between the hours of 8:00 a.m. to 8:30 p.m. Payment of the After Hours Use of Facility Fee must be made at least two (2) weeks in advance of the meeting date requested and made payable to the Coachella Valley Recreation and Park District. 6. Public meetings shall conclude no later than 8:30 p.m. on all days. 7. 1 tours requested on application should include time for your group's set up and clean up needs. 8. A security deposit of $150.00 will be required for all rentals and must be submitted within two (2) days after notification of application approval made payable to the Coachella Valley Recreation and Park District. 9. All users of the facility shall enforce and not exceed the maximum occupancy of 75 people. 10. All users of the facility shall be responsible for clean up after each meeting. After inspection of the facility, if a determination is made that the facility has not been left in clean and/or satisfactory order, all or a portion of the deposit may be forfeited by the organization and retained by the facility. No security deposit shall be charged to the City of Palm Desert. 11. Facilities and equipment are to be left in the same condition as they were prior to the rental. The organization is responsible to pay a fee equal to total replacement for any damage to facility or loss of property. Security deposit will be held until total repair/replacement cost is determined and repair/replacement is complete. 13 Updated 5/14/14 PORTOLA COMMUNITY CENTER Contract No. C 34880 MALKA JOY ALLEY LEASE AGREEMENT FOR OFFICE SPACE #5 12. No preparation of any kind will be permitted in/or on the walls, floors, ceiling, or fixtures. This includes tape, tacks, nails, putty, screws, staples, decals, powders, wax, paint, etc. Rice, birdseed, confetti, glitter, or any similar items may not be used inside or outside the facility. No fog or smoke machines are permitted. 13. No food or drink is allowed inside the facility except during organized functions. 14. Portola Community Center is a non-smoking facility. Pursuant to California State Law, smoking is not permitted within 40' of all entrances or exits of public facilities. 15. No alcoholic beverages are permitted on the facility property. For special events, the City Council or City Manager may grant special permission per Palm Desert Municipal Code Section 9.85.040. Requests must be received prior to the event. 16. No narcotics or controlled substances are permitted in the facility. 17. No profane language, quarrelling, fighting, gambling, vandalism, or disorderly or illegal conduct is permitted during use of the facility. 18. Programs offered in and during the use of the facility shall not contain any matter which might tend to cause a breach of the peace and which constitutes subversive doctrine, seditious utterances, and which agitate changes in our form of government or social order by violence or unlawful methods. 19. Similar type organizations are subject to a 25% limit of facility rental, e.g. substance abuse groups, youth groups, etc. Each group will only be approved for up to 25% of overall facility use. 20. All children under the age of 10 must be accompanied by an adult over the age of 18. Note: Accompany means within close proximity (arms distance, for example). Youth organizations (ages 1I- 18) must have one adult to every 10 minors in attendance that shall remain at the facility for the duration of the activity. 21. Pets, other than those assisting persons with disabilities, are not permitted on the facility property. 22. The facility is not responsible for lost or stolen items. It is strongly recommended that items of value not be brought onto the premises. 23. Facility staff requires prior approval for equipment and services brought in and not directly provided by the facility. 24. The Facility Use Agreement shall not be transferred, assigned, or sublet to any third party. This Agreement is issued for a specific use of the facility and for specific hours. 25. Applicants shall not grant use of the facility to any third party or charge admission fees (i.e. classes, workshops, meeting dues) without written permission from the City of Palm Desert. 14 Updated 5/14/14 PORTOLA COMMUNITY CENTER Contract No. C 34880 MALKA JOY ALLEY LEASE AGREEMENT FOR OFFICE SPACE #5 26. All meeting cancellations must be submitted to facility staff with a two (2) week cancellation notice required allowing for flexibility in scheduling another meeting in its place. 27. Due to the severe parking conditions at the facility on Sundays, there shall be no public meetings scheduled for that day. 28. Doors must remain unlocked during hours of use. 29. The City of Palm Desert and the Coachella Valley Recreation and Park District may revoke reservations at its discretion. 30. In addition to the rules governing use of the facility, the organization shall also comply with all applicable local ordinances of the City of Palm Desert and State and Federal laws. 31. The facility user may not use the City of Palm Desert as a sponsor of the activity and may not list the Portola Community Center's phone number as the contact in any written materials associated with the rental of the facility. Facility staff may require copies of all promotional materials used in conjunction with the organization and its use of the facility. 32. The City of Palm Desert assumes no legal responsibility and is not liable for personal injuries, thefts, or losses of private property while on the facility premises. The organization, if non-profit, is required to maintain in full force and effect, at the organizations expense, general liability insurance in the amount of not less than $1,000,000 from an admitted carrier in the State of California with a Best Rating of A VI or higher. The policy shall name the City of Palm Desert and the Coachella Valley Recreation and Park District as additional insured. The City's Risk Manager, when it is deemed to be in the best interest of the general public, may require additional insurance in the amount sufficient to cover the activity to be held at the facility or may waive the insurance requirement. A Certificate of Insurance and Additional Insured Endorsement evidencing the required coverage shall be provided to the facility at least seven (7) business days in advance of the scheduled event. Failure to due so may result in cancellation of the event. The Certificate and Endorsement shall be subject to facility staff approval for adequacy and protection. 33. Verification of receipt of Exhibit "A" and completion of the Application for Use of Facility. 34. Per AB939, the City of Palm Desert is required to divert 50% of its waste from the landfill and implement diversion programs. Facility users (applicants and participants) agree to recycle and participate in all environmental and conservation programs while using the Henderson Community Building. Violation of any of this Facility Use Agreement by any organization during occupancy shall be sufficient cause for denying further use of the facility to the organization. Applicants will be held responsible to see that the rules and regulations listed above are strictly enforced. The undersigned has read and fully understands and agrees to the City of Palm Desert and the Coachella Valley Recreation and Park District's Facility Use Rules. 15 Updated 5/14/14 PORTOLA COMMUNITY CENTER Contract No. C 34880 MALKA JOY ALLEY LEASE AGREEMENT FOR OFFICE SPACE #5 The undersigned understands that as a facility user, in addition to paying for all damages to premises and facility, there may be a forfeiture of all or part of the security deposit should any of the rules listed above become violated. The applicant understands that no refund on rental fees will be given without a two (2) week written notification of cancellation. The undersigned understands that the security deposit will be returned two weeks after the event, if none of the above rules have been violated. 1, the undersigned, acknowledge that I have read the Portola Community Center's Facility Use Agreement and 1 agree to abide and enforce with my organization all of the rules set forth by the City of Palm Desert and the Coachella Valley Recreation and Park's District. Print Name (Representative of Applicant) Title Signature Date 16 Updated 5/14/14 PORTOLA COMMUNITY CENTER Contract No. C 34880 MALKA JOY ALLEY LEASE AGREEMENT FOR OFFICE SPACE #5 EXHIBIT "B" PORTOLA COMMUNITY CENTER LEASED SPACE AND SECRETARIAL SERVICES The Lease Space (office space number) and the associated secretarial service hours for each within the Portola Community Center are listed below: 1. Office Space Number 1: 132 sq. ft. x .04 hrs/month = 5.28 hrs per month 2. Office Space Number 2: 155 sq. ft. x .04 hrs/month = 6.2 hrs per month 3. Office Space Number 3: 130 sq. ft. x .04 hrs/month = 5.2 hrs per month 4. Office Space Number 4: 130 sq. ft. x .04 hrs/month = 5.2 hrs per month 5. Office Space Number 5: 128 sq. ft. x .04 hrs/month = 5.12 hrs per month 6. Office Space Number 6: 227.5 sq. ft. x .04 hrs/month = 9.1 hrs per month 7. Office Space Number 7: 192.5 sq. ft. x .04 hrs/month = 7.7 hrs per month Note: Secretarial services shall be provided by the facility manager/coordinator. Scheduling and tracking of services will be maintained by the facility manager/coordinator. (Hours shall be rounded up if over .50 and down if under .50) 17 Updated 5114/14