HomeMy WebLinkAbout1995-01-25 PRC Regular Meeting Agenda Packet AGENDA
PALM DESERT PARKS AND RECREATION COMMISSION
WEDNESDAY, JANUARY 25, 1995
9 :00 A.M. - COMMUNITY SERVICES CONFERENCE ROOM
73-510 FRED WARING DRIVE
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I . CALL TO ORDER:
II . APPROVAL OF MINUTES: January 11, 1995
III . DISCUSSION ITEMS:
A. PARKS AND RECREATION MANAGEMENT DISCUSSIONS
(John Wohlmuth)
B. REPORT ON AQUATIC CENTER
IV. ORAL COMMUNICATIONS:
1 . Any person wishing to discuss any item not otherwise on
the agenda may address the commission at this point by
stepping to the lectern and giving his/her name and
address for the record. Remarks shall be limited to a
maximum of five minutes unless additional time is
authorized by the commission.
2 . This is the time and place for any person who wishes to
comment on non-hearing agenda items . It should be noted
that at commission discretion, these comments may be
discussed. Remarks shall be limited to a maximum of five
minutes unless additional time is authorized by the
commission.
V. ADJOURNMENT
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DECLARATION OF POSTING
I, Donna C. Bitter, of the Community Development Department of the
City of Palm Desert, do hereby declare that the foregoing agenda
for the Parks and Recreation Commission meeting of Wednesday,
January 25, 1995, was posted on the bulletin board by the outside
entry to the Council Chamber, 73-510 Fred Waring Drive, Palm
Desert, on Friday, January 20, 1995 .
Dated: January 20, 1995
NNA C. BITTER 94
Senior Office Assistant
City of Palm Desert, California
- r
CITY OF PALM DESERT
MEMORANDUM
TO: BRUCE ALTMAN, CITY MANAGER
FROM: JOHN WOHLMUTH, ASSISTANT TO THE CITY MANAGER
RICHARD FOLKERS, ACM/DIRECTOR OF PUBLIC WORKS
RAY DIAZ , ACM/DIRECTOR OF COMMUNITY SERVICES
DATE: JANUARY 11, 1995
SUBJECT: PARKS AND RECREATION REPORT, ANSWERS TO COMMISSION' S
CONCERNS
For the purpose of this report, staff will list the questions or
concerns identified in the brainstorming session with the Parks and
Recreation Commission (Commission) and then respond to the
concerns, answer the questions, or provide requested documents .
Finally, staff has developed eight recommendations to improve the
coordination of parks and recreation activities.
QUESTIONS, COMMENTS & CONCERNS
1 . Communication between Commission and other City committees .
The issue is probably not improved communication between the
Parks and Recreation Commission and all committees, but rather
communication between the Commission and the following groups :
1 . Civic Center Steering Committee
2 . Redevelopment Agency Board
3 . City Council
4 . Planning Commission
5 . Architectural Review Commission (as it relates to
park improvements)
6 . Economic Development Advisory Committee (as it
relates to private recreation proposals)
7 . Promotion Committee (as it relates to special
events in parks or special recreation events)
8 . Civic Arts and Art in Public Places Committee (as
they discuss placement of art in parks)
Staff believes the first step to better communication is
consistent dissemination of various committee minutes after
discussing park and recreation issues . Next, when appropriate
and/or possible, have a member or members of the Commission
attend other committee meetings when discussing pertinent park
and recreation issues . Finally, staff believes the Park and
Recreation Commission and the City Council should hold annual
lunch meetings to share ideas and information.
PARKS AND RECREATION REPORT
JANUARY 11, 1995
2 . What is the role of the Commission regarding: maintenance,
facilities, programs, and events (coordination and
implementation) ?
Basically, the role of the Commission is advisory to the City
Council regarding all park and recreation issues . In
particular, staff views the role of the Commission as follows :
Maintenance: Work directly with the Public Works Director or
their representative to discuss, resolve and coordinate
maintenance issues at the regularly scheduled Commission
meetings .
Facilities : As stated in the Commission by-laws, advise the
City Council as to the appropriate locations and levels of
standards of improvements of park facilities in the community
and guarantee convenient access and usability by all citizens
of the community.
Programs : Again, as stated in the Commission by-laws, assist
the City Council in the coordination of activities or other
special districts. In addition, with the development of the
YMCA facility and CVR&P District facility at the Palm Desert
Civic Center, assist in the coordination of programs and
services provided by these entities.
Events : Work with the Promotion Committee to evaluate city-
sponsored special events and recommend future changes to
special event policies pertaining to outside agency/group use
of City parks .
3 . Provide written description of park programs and recreation
agency relationships .
The City and Redevelopment Agency have agreements with both
the YMCA (Attachment A) and the Coachella Valley Recreation
and Park District (Attachment B) pertaining to services and
facility requirements . Please find attached a copy of these
agreements . In addition, the City has a contract with the
District for park reservation and supervision (Attachment C) .
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PARKS AND RECREATION REPORT
JANUARY 11, 1995
4 . Role, responsibilities and duties of city staff associated
with parks and recreation services.
Bruce Altman, City Manager - Manage, supervise and enforce all
City personnel and City functions .
Ray Diaz, ACM/Director of Community Services - Staff liaison
to the Parks and Recreation Commission. Staff person
responsible for park planning, identifying impact and
reviewing design of all parks . Coordinator of all outside
agency relationships pertaining to parks and recreation
services, including relationship with school district.
Richard Folkers, ACM/Director of Public Works - Responsible
for supervising, managing, constructing and maintaining all
public city lands .
John Wohimuth, Assistant to the City Manager - Responsible for
writing this report, under supervision of City Manager.
Tom Theobald, Maintenance Services Manager - Responsible for
maintaining all parks . Under supervision of Director of
Public Works maintains all public lands, park equipment, and
inspects all City work and contract work.
Don Enos, Parks Maintenance Supervisor - Supervises all City
park maintenance workers and oversees all park maintenance
under supervision of the Maintenance Services Manager and
Director of Public Works .
Jeff Winklepleck, Associate Planner - Under supervision by
Director of Community Services, liaison to Parks and
Recreation Commission. Also conducts planning functions
related to parks design as well as park and recreation
relationships .
Larry McAllister, General Services Manager - Special events
coordination for both City and outside entity events .
Tom Bassler, Senior Administrative Assistance - Coordinates
enforcement of park rules and regulations . Oversees park
reservations .
Carlos Ortega, Executive Director of Redevelopment Agency -
Finances park construction within RDA project areas .
Negotiates "pass through agreements" and negotiates agreements
with outside entities .
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PARKS AND RECREATION REPORT
JANUARY 11, 1995
5 . Where do Park and Recreation Commission minutes go? Who is
responsible for recommendation follow-up?
Park and Recreation minutes will be provided to the City
Council on a regular basis . Minutes will also be distributed
to the other aforementioned committees (Question 1) when
matters relating to the other committees are discussed by the
Commission. Staff will provide follow-up responses to the
Commission based on all recommendations and inquiries made by
the Commission. If an action, repair or information is not
completed, the responsible staff member will provide a status
report or recommendation for action. Follow-ups will be
placed on the Commission's agenda.
6 . Where does Parks and Recreation Commission fit into the City
organization?
The Parks and Recreation Commission is an advisory commission
to the City Council .
7 . Is there a parks and recreation budget? What role does the
Commission play in the budget process?
There exists no park and recreation budget. Staff recommends
that the Commission' s role in the budget process be advisory,
therefore, suggested capital improvements will be considered
during the City's budgetary process . The Commission's
recommendations will be reviewed by staff and prioritized
during City Council budget meetings .
8 . Can the Parks and Recreation Commission make recommendations
to the maintenance budget? Can the City provide a contingency
fund for timely maintenance responses?
The Commission may make park maintenance recommendations .
Staff believes adequate funds are available in the park
maintenance budget to respond to most recommendations . In
fact, over $300,000 was placed in park repair and maintenance
accounts within the 1994/95 City Financial Plan. Therefore,
staff believes a contingency account is not necessary, only
timely responses to follow-ups are necessary (Attachment D) .
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PARKS AND RECREATION REPORT
JANUARY 11, 1995
9 . Provide the Commission with a detailed organizational chart
that includes park maintenance.
See attached organizational charts (Attachment E) .
10. What is the criteria and process of Parks and Recreation
Commission appointments?
The City Council makes all Commission appointments .
Applicants must fill out a city committee application to be
considered for an appointment. When a vacancy exists, a
Council subcommittee consisting of two Councilmembers reviews
current applications and recommend certain applicants for an
interview with the full City Council . The City Council will
make appointments at regularly scheduled Council meetings .
The Council may consider certain qualifications so as to have
a cross-section of community representation.
11 . Provide timely responses from the City Council regarding Park
and Recreation Commission concerns .
Commission members will receive the specific agenda item
Council minutes in their agenda packets following a Council
discussion of a park and recreation issue. Staff may provide
verbal reports due to the time necessary to transcribe
minutes .
12 . Develop a park master plan. Determine a process for
development of a park master plan.
A long term Park and Recreation Strategic Plan was developed
as part of the City of Palm Desert Year 2000 Strategic Plan.
The City of Palm Desert has initiated a Year 2010 Plan. A
committee will be established to develop longer range park and
recreation goals, issues, programs, and solutions . Staff will
develop a master plan document illustrating existing
facilities and programs as well as identify future projects
and facilities from this strategic planning process .
13 . There exists fragmented parks and recreation services within
our community. Work on changing public perception regarding
service provision and centralized services .
5
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PARKS AND RECREATION REPORT
JANUARY 11, 1995
Agreed. Staff has attempted to bring the entities together
through the development of service agreements. In addition,
the completion of the Civic Center Park has made this the
center of recreational activities . The role of City staff is
to develop and maintain park facilities. The roles of the
YMCA, CVR&P District and youth sports are to provide services .
The City has attempted to bring these entities together
utilizing service agreements (Attachment F) .
One method of bringing all of the entities together is to
appoint a member of the recreation entities governing board to
a Commission seat or make a representative an ex-officio
member. This strategy would allow for increased communication
between all park and recreation entities and place the
Commission as the "information clearinghouse" for all park and
recreation activities within the community.
14 . How can we better inform/educate the public as to recreational
services throughout the community/region provided by different
entities?
Two methods would seem to make sense. The first method is to
place an article in the City' s newsletter periodically,
describing new facilities and services offered in our
community. Second, a brochure should be produced to describe
all services within our community with contact person,
facility and service descriptions, maps, and phone numbers .
15 . Develop a master parks and recreation brochure/catalog.
This relates to the last question. Staff recommends funds be
budgeted in next year's financial plan to write and produce a
community parks and recreation brochure. The City may request
partners such as Bureau of Land Management, National Park
Service, YMCA, and CVR&P District to share in this project.
The brochure can describe park facilities, recreation
amenities, recreation services, youth sport activities, adult
activities, maps for trails, paths, as well as other passive
and active activities .
16 . Should we have a separate parks and recreation department in
Palm Desert? Should we have a parks and recreation
coordinator position?
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PARKS AND RECREATION REPORT
JANUARY 11, 1995
Staff believes a separate department or a dedicated staff
person is not necessary. Instead, better coordination with
recreation partners is needed. It is not cost effective at
this time for the City to establish its own department.
Attachment G shows that in 1992-93 CVR&P District generated
$368, 157 in the city of Palm Desert. Since 1992-93 the
District has initiated a lighting and landscape assessment
district to fund the recreation center operations . The City
could not operate a recreation department for $370, 000 a year.
RECOMMENDATIONS
1 . Provide minutes from certain committees/commissions and City
Council meetings as a permanent part of the Commission agenda.
2 . Establish a public works liaison to the Commission for the
purpose of responding to maintenance issues .
3 . Annually update the Commission on park maintenance contracts,
agreements with other recreation entities, and park
reservation applications .
4 . Copies of all Park and Recreation Commission minutes will be
provided to the City Council .
5 . Place maintenance and information requests made by Commission
members on Commission agenda for timely responses .
6 . Conduct an annual park and recreation capital improvement
budget session. This session will produce a recommended
capital improvement project list for the City Council to
consider as a part of the total City budget.
7 . Develop a park master plan showing existing and future
facilities . The long range park recommendations shall be
developed as part of the Year 2010 Strategic Plan with
Commission members as subcommittee members .
8 . Budget necessary funds to develop a park and recreation
brochure. The concept will be to provide a list and
description of recreation providers, services offered, maps,
contact people and phone numbers .
/dlg
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ATTACHMENT "A"
•
LEASE AGREEMENT
THIS LEASE AGREEMENT is made and entered into as of the 11th
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 City of Palm Desert and the Palm Desert
Redevelopment Agency seek to provide their citizens with the
opportunity to participate in organized recreational activities .
WHEREAS . the Family 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 .
• W.HEPE.AS .. . F• .am.P l y. YMCA . 1.s : a nonprof i.t: o.rgan•.i zat i Qn. .whose ,..
programs' are av•ailable to. everyone regardless 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 Fred
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 . agm Rev. 5- 10-89 1
ilmoodef
As a nonprofit organization . it can provide recreation
services at an affordable cost .
It has demonstrated its ability to recruit large
numbers of volunteers for program delivery anc
fundraising .
It has an established history of providing quality
recreational programs to the residents of Palm Desert .
1 . Definitions
As used herein . the following terms shall have the meaning_
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 ) " L:mprovement s " mean_s . .bu.i ldii_ngs, and, other, ,structures.. .
excavations • paving and randscap i ng and. other improvements
hereafter erected or placed upon the Property by the Landlord .
plus all fixtures , including trade fixtures , if any, attached
thereto . which Improvements are described in Exhibit " " attached
hereto and incorporated herein by reference .
( d ) " Include " , " includes " or " including" means including
without limitation .
( e ) " Index " means the U . S . Bureau of Labor Statistics
Consumer Price Index for All Urban Consumers . Los Angeles-
Anaheim-Riverside Area ( 1982-84 = 100 ) , All Items .
( f) "Landlord" means the Palm Desert Redevelopment Agency .
( a ) " 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 .
( i ) "Property" means that certain real property in the City
of Palm Desert , California described in Exhibit "A" attachea
hereto and incorporated herein by reference .
( j ) "Property Tax Costs " means the total of all real and
personal property taxes , assessments , possessory interest taxes .
license fees , commercial rental taxes , levies . penalties or taxes
ymcaieas . agm Rev . 5- 10-89 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
I mp rov ement s . and tq. de.l i ver •s.a i d . property. And . the . .I mproVemerrt_s.
thereon to •-the Tenant iri a substantial ly -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 sha l l 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
Namisioie
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 facilities 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
assignable separate and apart from this Lease . The Tenant shall
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 .Te-nant and. unpaid con.t1nu.ing.: .unt. i .1 • the. . . .
obligation is ' caird, ... •
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
hereunaer , without notice or demand and without deduction or
offset , the sum of ONE DOLLAR ( $ 1 . 00 ) per year . Rent shall
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
Exnibit "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 Landlord ' 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 ail l i ens .
ymcaleas . agm Rev . 5- 10-89 4
encumbrances , easements . covenants . conditions and restrictions
of record except for non-monetary items approved by the Landlora
prior to the issuance of the policy 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 facilities 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 i n . its various -programs. and act i v i t i.es.
.conducted-on t-he` Premises 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 capita '
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
thereafter must be approved in writing by the Landlord .
( c ) The Tenant herein 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 origin . 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
ymcaleas . 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 . political 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 . shall 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
L.eas.e . at its sole .cost. and expense : ..
( i ) Furnish , install and maintain in the Premises all
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 will
violate or make inoperative , any insurance policy at any time
meld 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 promptly with all applicable statutes .
ordinances , 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
highest 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 all 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
qua.L i f i.ca.t•ian s ) • to Properly. ma,i ntai.n .and. oPera.te a ".M.CA . fac•i.1. i t•y
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 changes to or deviations from such schedule
thereafter must be approved in writing by the Landlord ; and
( viii ) Maintain accurate records of the costs and
revenues 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 file 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 will 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 .
yrncaleas . 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•.othe.rwise . ; tpe .Tenant;.s.ha,l. l ., . 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 shall thereupon surrender the Premises and the
Improvements in the same condition as they were when 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 . agm Rev . 5- 10-89 8
electrical distribution systems . lighting fixtures . space
heaters , air conditioning, plumbing and fencing on the Premises
in good operating condition .
7 . Utilities
The Tenant shall 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 th.e 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, all
plumbing, 'heatt fl ,- :a."r cn.nd4 ti on i.ng '.(the`:Tenaft' .stla 1'1•• procure san-
maintain ' at the Tenant ' s expense• an a it 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 l6 , 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 . If 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
rr4*
repair , and the cost thereof together with interest thereon at
the maximum rate then allowable
ofl theo be 5tatec sha9ed by be omen duesmpt
and
lenders under the usury laws
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 pav 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 shall 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 ) Cn.• addition. to. the Property Tax . Costs, described •i,n.
'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 . and
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 ,
deterrnining the amount
affixed to the realty . For the purpose of
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 Landlora ' 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 Dart
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- 10-89 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 shall comply with the fol lowing :
( i ) The Tenant shall submit copies of the preliminary
plans and working drawings (and reasonably detailed final
plans and specifications and working drawings if the
proposed alterations cumulatively cost Twenty-five Thousand
Dol lars ( $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 :
( i i i ) The a l te-rat ions shall be approved by all
appropriate government agencies , and all applicable permits
and authorizations shalI 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 all 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 by 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 .
ymcaleas .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 governmental authority to be made in or to the
Property, the Premises , the Improvements , or any portion tnereof.
the Landlord shall first give written consent thereto . and sucn
change , alteration , 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 shad .
at its sole cost and expense , comply with any and ail
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 clear of all mechanics ' liens and materialmen ' s liens .
The _Tenant shall not suffer or permit to be • en.forc•ed. against the
P•rermises or sry part -of the Premises any mechani• cs ' ,
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 loss of any type arising out of work performed on the
Premises by the Tenant , together with reasonable attorneys ' fees
and all costs and expenses incurred by the Land lor .: 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
completion . The Tenant hereby appoints the Landlord as the
Tenant ' s attorney- in-fact to file the notice of completion on the
Tenant ' s failure to do so after the work of improvement has oeen
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 claim of lien , plus estimated costs and interest , or snall
furnish the Landlord with a bond of a responsible corporate
surety in the same amount conditioned upon the discharge of such
lien , in the event the Tenant fails or refuses to furnish the
same within said fifteen ( 15 ) day period.
vmcaleas . agm Rev . 5- 10-89 12
( 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 shall 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 author i zed. ,agents. and, repre.sentat,i.ves ,.
sha F l .'be entitled to • ent&r• the' Premises' at 'a 1 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
ymcaleas . 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 shall , 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 anv
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 , arisi-ng
out o•f or. by . rea o:n of: (.i.).. any .-v•i o 1 ati an- of: l'aw. .-or:diinance 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 ( B) to property of any kind whatsoever
and to whomsoever belonging ( including the Tenant , its agents .
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 all claims in respect hereof against the
Landlord . This obligation to indemnify shall include all
ymcaleas . agm Rev . 5- 10-89 14
attorneys ' fees and investigation costs and all other reasonable
costs , expenses and liabilities actually incurred by the Landlord
From the first notice that any claim 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 following
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 ;
( ii ) Insurance covering loss or damage to all
imp.rdvements to the Premises ( including the Improvements ) and all
. : personal property. of• . th.e - Tenant- ( Includinrg. .f rrf•iture , . 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 fail
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 by
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 . agm Rev . 5- 10-89 15
policy ) together with evidence of payment of premiums shall be
delivered to the Landlord 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 an•y rights
each. may .have .aga:i_•nst_. the• other on :account. so.f. 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 . Damage 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 ana
restoration of furnishings , fixtures , personal property ano
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 6y
reason of any inconvenience or loss sustained by the Tenant by
reason of any damage or destruction , the termination of this
Lease . i .f. ,•suc.h shou.l.d , o.ct.ur. ,. or . .the: l.ass . of . u.se of .a. portion , o.r
all• 'of 'the Preni.i ses during a•ny .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
ymcaleas . 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 suc''
assignment or subletting shall 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 sublettings 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
• assi-gnment ' :or st.i.bl°ease .' in '•�rr•i,tirtg•. *Of --1ts . e•9ire to do so anfl
shall 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 sublessee 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 ( 100%) 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 failure 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
tf; i s Lea, a: o•r 'the Premise-s :or•:an-y. parti•on• the'r4of
( iv ) The making by the Tenant of any genera 1
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
( v i ) 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- 10-89 20
**fir
(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. In 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 ;
( B) 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
after .the. •time of . a:war& =eex.ceeds the' amount• Of °s-u'ch •.
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• dation
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 ) and ( 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
ymcaleas . agm Rev. 5- 10-89 21
( ii ) Pursue any other remedy now or hereafter available
to the Landlord under the laws or judicial 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 in 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 wi 1.1
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 ( ii ) the appointment of a receiver under the
initiative of the Landlord to protect the Landlord' s interest
under this Lease . •
O A 1 .} covenants—and •a.g:reernerrt•s • :to • be. per,Formed' by •t•n.e
Tenant under any of the terms of the Lease shall by at the
Tenant ' s sole cost and expense and , except as otherwise
specifically provided herein, without any abatement of rent . If
the Tenant shall 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 shall
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
ymcaleas .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 Landlord terminate this Lease under the
provisions of Section 17 , Landlord shall first provide Tenant
with a one year ' s notice . In such instance . Landlord snail
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
. w i tho.ut the Land l°o-r d'' s wr'iti t'err :consent. •sha 1 if •be 'an: tin I awful •
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 ful ► 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
r.
specifying such defaults if any are claimed; and ( iii ) certifying
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 ( i )
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
'I •i ab'rl i ty" w•i tti "r.espect to •the- Laridlord's ''ob`1 i'gat i Ori'5 ttter-eafter.
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 , sha l l 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 . Ail 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, one ata onthly basis .
her . The
charges
failure to pay the same , when due any
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: CoFi-porat Lon : •
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
nave 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 ul be deemed to be a waiver of any preceding
breach by the Tena 'f 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 . agm Rev . 5- 10-89 25
Notoome
26 . Successors and Assigns
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 shall 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 . terfns. of• .this i.ease:•. .
•
29 . Governing 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 Lease 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
•ainouht • th.an •.t•he. rent or- other •°charges' *herein* st i pu l aged sha4 f • be'
deemed to be on 'account of• the earl rest 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 .
ymcaleas . 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 . •
I‘Wc/-7e. t:.i;..: _,/,' 'il,'Al, / Bvd/e--- / k
Secret ry 'Chairman
i
/
"Landlord,-'
FAMILY YMCA OF THE DESERT
By
Y _
. "Tenant '' .
ymcaleas . agm Rev . 5- 10-89 28
EXHIBIT A
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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
s I i d i ng 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 .
•
• Te: 5 : o . he.lp li.nd•.iv-i•dual_s - co:nst.ructively 'part`i''c°ip'ate ' 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 .
1
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 .2.00. ch.i idrett:•part i•C 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 • r:es•i dents .of.•.•Pa l m' D:a:sert . i n this 'fac i. i Uty.. 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 Paren`
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 and' ;the•'Y,MCA=• cowl d=As•s y et- these- c•hi •1dv'eri . Iri. •deeveiopi'hg 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 )
Babys.itting Services for Parents involved in activities , '
- . . i . e'. • i•'t n.e s s'' an a,H,e a l th• C 1•as s e s' . • . • .
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 AND 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
Recommendation:
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
1
the initial term and 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 tre 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.
CO°
Carlos L . Ortega
Executive Director
mh
Attachment
2
ATTACHMENT "B"
INTEROFFICE MEMORANDUM
CITY OF PALM DESERT
DATE: July 26, 1990
TO: HONORABLE CHAIRMAN AND MEMBERS OF REDEVELOPMENT
AGENCY BOARD
FROM: EXECUTIVE DIRECTOR
SUBJECT: ACCEPTANCE OF PROPERTY FROM COACHELLA VALLEY
RECREATION AND PARK DISTRICT AND DESERT CITIES
BAPTIST CHURCH
Recommendation
Waive further reading and adopt Resolution No. 231, accepting
titles to the three parcels which were transferred to the Agency.
Background
The Redevelopment Agency entered into a land exchange agreement
with the Coachella Valley Recreation and Park District, and Desert
Cities Baptist Church. The CVRPD agreed to transfer two parcels
to the Agency in exchange for a new recreation building on our
Civic Center site.
We then agreed to accept a parcel located in the North Sphere from
the DCBC in exchange for their present location at the old CVRPD
building. The Agency also held a public hearing which is required
by Section 33433 of the Redevelopment Law . Therefore, we
encourage you to adopt this resolution which accepts these three
titles.
i (1,Qc7k--k ft BY RDA
�os L. Ortega �
� � �
Executive Director ON ,a� 10
cc: City Manager VERIFIED BY:
Original on file with City Clerk's Office
RESOLUTION NO. 231
A RESOLUTION OF THE PALM DESERT REDEVELOPMENT AGENCY, ACCEPTING
THREE PARCELS
WHEREAS, we have entered into an agreement with Desert Cities
Baptist Church and the Coachella Valley Recreation and Park
District to exchange land; and
WHEREAS, the Palm Desert Redevelopment Agency has heretofore
given its approval in support of this land transaction between
the Palm Desert Redevelopment Agency, Desert Cities Baptist
Church, and Coachella Valley Recreation and Park District which
was made possible Under Senator Presley' s SB 119; and
WHEREAS, we are to accept two parcels from the Coachella Valley
Recreation and Park District ' s property west of the Storm
Channel, and one paracel from Desert -Cities Baptist Church which
is located in the North Sphere.
NOW, THEREFORE, BE IT RESOLVED that the Palm Desert Redevelopment
Agency does hereby fully support; this three parcel title transfer
to the Palm Desert Redevelopment Agency.
PASSED, APPROVED AND ADOPTED by the Palm Desert Redevelopment
Agency this day of , 1990, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
f 1
ABSTAIN:
BUFORD A. CRITES, CHAIRMAN
ATTEST:
SHEILA R. GILLIGAN, SECRETARY
PALM DESERT REDEVELOPMENT AGENCY
`"-e CJflTRAC :O. R -447
LEASE AGREEMENT
-.et( THIS LEASE AGREEMENT ( "Lease" ) is made and entered this
a3 day of M al , 1990, by and between The Palm Desert
Redevelopment Agency, a municipal corporation, ("Landlord" ) , and
the Coachella Valley Recreation and Park District , a public
agency ( "Tenant" ) .
WiTNESSETH:
WHEREAS, Tenant fs the owner of certain real property
In the City of Palm Desert, California, consisting of two parcels
of approximately 32 acres , including a recreation building and
other improvements (the "CVRPD Property" ) ; and
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 Fred
Waring Drive and San Pablo Avenue ( "Civic Center Property" ) ; and
WHEREAS , the City of Palm Desert and the Palm Desert
Redevelopment Agency seek to provide their citizens with the
opportunity to participate in organized recreational activities ;
and
WHEREAS, pursuant to an Exchange Agreement and Transfer
Instructions dated October 13 , 1988 ( "Exchange Agreement" ) and an
Agreement for Cooperation dated October 13, 1988 ( "Cooperation ,
Agreement" ) , Tenant agreed to convey the CVRPD Property to
Landlord in consideration for the temporary lease of operational
facilities for Tenant on the Civic Center Property and a long-
term lease of a community recreation building to be constructed
by Landlord for Tenant on the Civic Center Property; and
WHEREAS. Landlord is providing a temporary facility for
Tenant on the Civic Center Property, and will continue to do so
until the Civic Center Property is Improved with a community
recreation building for use by Tenant; and
WHEREAS, Landlord has certain obligations to Tenant
under the conditions set forth in that certain legislation
entitled Senate Bill 119, Chapter 620, including the obligation
to provide Tenant with an improved recreation building.
NOW, THEREFORE , for and In consideration of the mutual
promises contained 'herein, Landlord and Tenant hereby covenant
and agree as follows :
1
1 . Temporary Facility.
Landlord , as partial consideration of conveyance
of the CVRPO Property end the covenants to be performed by Tenant
hereunder, does hereby demise and lease to Tenant and Tenant does
hereby lease and take from Landlord, the real property located in
the City of Palm Desert , California, described in Exhibit "A"
( "Temporary Facility" ) for the term set forth in Section 3 (a ) .
below .
2 . Permanent Facility.
Landlord , as additional consideration for the
conveyance of the CVRPD Property and the covenants to be
performed by Tenant hereunder, does hereby demise and lease to
Tenant and Tenant does hereby lease and take from Landlord the
real property located in the City of Palm Desert, California.
described in Exhibit "8" ("Community Recreation Building") for
the term set forth in Section 3 (b) , below, to be constructed in
accordance with plans and specifications to be approved by
Tenant.
3 . Term and Commencement Date.
(a) Temporary Facility. The term of the lease of
the Temporary Facility shall commence as of the date hereof and
shall end on the date sixty ( 60) days after a Certificate of
Occupancy for the Community Recreation Building has been issued.
Upon expiration of the term of the lease for the Temporary
Facility, Tenant will vacate the Temporary Facility and restore
the Temporary Facility to approximately the same condition in
which it existed prior to Tenant ' s occupancy. The temporary
building on the Temporary Facility will be removed by Tenant at
Tenant ' s cost and Tenant shall have the right to remove
playground equipment , fences, signs and trees installed by it
within sixty (60) days of the end of the term of the lease of the
Temporary Facility.
(b) Community Recreation Building. The term of
the lease of the Community Recreation Building shall commence on
the date following the issuance of a Certificate of Occupancy for
the Community Recreation Building following the completion of the
Improvements required hereunder ( "Commencement Date" ) , and shall
end on January 1 , 2015.
4. Construction of Community Recreation Building.
Landlord shall construct a Community Recreation
Building for Tenant ' s use on the Civic Center Property. The
Community Recreation Building shall be at least comparable in
value to. and in replacement of similar facilities at the Palm
Desert Community Center Park in accordance with S8 119. Both
2
Tenant and Landlord shall negotiate in good faith for th.e
development of expanded facilities beyond those outlined in 513
119 upon execution of this document .
Not later than March 1 , 1992. Landlord shall award
the construction contract of the Community Recreation Building
and other related improvements to be constructed (collectively
referred to herein with the Community Recreation Building as the
" Improvements " ) . The design , engineering , construction and
landscaping of the Improvements , including the Community
Recreation Building, shall be at the sole cost and expense of the
Landlord. The Community Recreation Building shall also be built
in a manner that future expansion (construction of additions ) is
feasible. The Improvements shall be in a completed condition and.
avCertificate of Occupancy for the Community Recreation Building
issued therefor not later than fourteen ( 14) months after the
start of construction, barring unforeseen circumstances . In the
event that the Landlord shall be delayed, hindered in or
prevented from the performance of any act required hereunder by
reason of strikes, lockouts , labor troubles, inability to procure
materials , failure of power , restrictive governmental laws or
regulations , litigation under the California Environmental
Quality Act , riots , insurrection , the act, failure to act or
default of any other party , inclement weather , damage or
destruction , acts of God , or reason beyond the Landlord' s
control , excluding financial inability, then performance of such
act shall be excused for the period of delay arising from such
cause. An extension of time by reason of any such cause shall be
for the period of the enforced delay and shall commence to run
from the time of the commencement of the cause.
5. Rent.
The consideration for the lease of the Temporary
Facility and the Community Recreation Building is Tenant ' s
transfer to Landlord of the fee interest in the CVRPO Property.
The Temporary Facility and Community Recreation Building shall
each sometimes be referred to as the "Premises" , which shall mean
the Temporary Facility during the term of the lease of the
Temporary FAcility and the Community Recreation Building during
the term of the lease of the Community Recreation Building.
Tenant shall not be required to pay any monthly or annual rent
during the terms of the Lease . although money which may be
payable by Tenant to Landlord under other express provisions of
this Lease may be considered rent, as so specified.
6. pamaaes for Non-performance or Early Termination.
In the event this Lease is terminated by Landlord
or Tenant because of the breach by either Landlord or Tenant of
any material term of the Lease, including Landlord' s failure to
construct the Community Recreation Building and deliver
3
Nemo
possession to Tenant as required hereunder, or if for any other
reason Tenant is not permitted the continuous use of the Premises
as provided herein , Landlord shall pay to Tenant in one
installment within ninety (90) days of Tenant's written demand
therefor , as consideration for the conveyance of the CVRPO
Property, a sum equal to $23 ,670. 00 for each year remaining under
the term of the Lease of the Community Recreation Building.
Alternatively , if termination occurs prior to Tenant' s occupancy
of the Community Recreation Building, Landlord shall pay Tenant
as consideration for the conveyance of the CVRPD Property, in one
installment within ninety (90) days of Tenant' s written demand
therefor , the sum of $600, 000. 00.
7. Use.
(a) The Premises shall be used as a community
recreation facility and for such other programmed activities as
outlined in Section 8 hereof and as authorized by law.
(b) Tenant shall at all times during the term of
this Lease, at its sole cost and expense.
( i ) Maintain the Premises in a safe, secure,
clean , neat, sanitary and orderly condition, it being understood
that no use shall be made permitted of the Premises or any part
thereof , nor any acts be done, which will violate or make
inoperative, any insurance policy at any time held by or in any
way for the benefit of Landlord pursuant to any provision of this
Lease ; and
( ii ) 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 any
explosive, inflammable, hazardous, toxic, or radioactive nature
which may endanger or damage any part of the Premises or its
other tenants , occupants or invitees , or present any unusual
fire . explosion or other damaging or dangerous hazard, or present
the possibility of contamination by hazardous waste; and
( ill ) Furnish, install and maintain in the
Premises all of the Tenant ' s personal property , furniture ,
fixtures and equipment necessary for the operation of the
Premises for the purposes described in Sections 7 and 8; and
( iv) Comply w i th all the ru l es and
regulations of the ' National Fire Protection Association, the
applicable Insurance Service Office and any similar bodies ; and
(v) Comply promptly with all applicable
covenants and restrictions of record as of the date hereof and
all applicable county, state and federal statutes, ordinances .
4
rules , regulations, orders 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 or county 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.
8. Recreation Services .
Tenant shall provide recreation services to the
.public at the Premises at such times and in such manner as
Tenant , in its sole discretion, may determine in accordance with
the list of activities attached as Exhibit "C" . Tenant shall
have the right to make adjustments in recreation programming and
the manner and method of providing recreation services, and to
provide recreation services , without interference from Landlord
or any third party in accordance with listed activities attached
as Exhibit "C" .
9. Facility Name.
The official name of the Community Recreation
Building shall be the Coachella Valley Recreation and Park
District Palm Desert Community Center. Landlord and Tenant shall
use the official name on all plans and specifications .
correspondence, and in all public announcements referring to the
Community Recreation Building.
10. Tenant' s Obligations at the End of the Term.
Within fifteen ( 15) days of the expiration of the
term or sooner termination of the lease of the Temporary Facility
and within fifteen ( 15) days of the end of the term or sooner
termination of the lease of the Community Recreation Building,
Tenant shall remove from the Temporary Facility or Community
Recreation Building, as the case may be, all of its movable trade
fixtures and equipment, and such other items Tenant has installed
or placed thereon, and Tenant shall repair all damage to the
Improvements resulting from such removal . In the event Tenant
fails to remove any of its personal property as provided herein ,
Landlord may, but is not obligated, at Tenant' s expense, remove
all such personal property not so removed and repair damage to
the Improvements resulting from such removal and may, but is not
obligated, at Tenant' s expense, store the same in any public or
private warehouse, and Landlord shall have no liability to Tenant
for any loss or damage to Tenant' s property caused by or
resulting from such removal . Tenant shall surrender the Premises
in the same condition as delivered to Tenant, reasonable wear and
5
'400,01sore
tear excepted . Notwithstanding anything to the contrary
otherwise stated in this Lease, Tenant shall leave the electrical
distribution systems , lighting fixtures , space heaters , air
conditioning , plumbing and other operational systems of the
Premises in good operating condition.
11 . Utilities .
Tenant shall 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 together with any taxes thereon . If any such
services are not separately metered to Tenant , Tenant shall pay
to Landlord upon receipt of written demand therefor a reasonable
proportion thereof to be determined by Landlord from all charges
jointly metered with other improvements on the Civic Center
Property.
12 . Repairs and Maintenance.
(a) Tenant ' s Obligations.
By its entry to the Premises , Tenant shall be
deemed to have accepted the Premises as being in good, sanitary
order , condition and repair . Tenant shall , at its sole cost and
expense , be responsible for the maintenance , repair or
replacement of the Temporary Facilities. Tenant shall , at its
sole cost and expense, keep the Community Recreation Building in
good condition and repair . Tenant shall maintain, repair or
replace as necessary, the structural portions of the building,
including the exterior walls and roof, and maintain, replace and
repair , as necessary, the various systems of the building
including, but not limited to, plumbing, pipes , electrical wiring
and conduits , heating, ventilating, air conditioning, any plate
glass , doors , window casements , glazing, and ail other portions
of the Improvements within the boundaries of the Premises ,
including any parking lot area intended to primarily serve the
Community Recreation Building. Landlord shall assign Tenant all
warranties of contractors. and subcontractors for the Improvements
which Tenant is required to maintain.
(b) Landlord' s Rights.
If Tenant fails to perform timely its
obligations under this Section 12 or under any other section of
this Lease, Landlord may at its option (but shall not be required
to ) enter upon the 'Premises after ten ( 10) days' prior written
notice to Tenant (except in case of an emergency, in which case
no notice shall be required) , and perform such obligations on
Tenant' s behalf and put the Improvements In good order, condition
and repair, and the cost therefor shall become due and payable as
additional rental to the Landlord within ten ( 10) days of receipt
6
of Landlord' s written demand therefor .
13 . Sianaae.
Tenant shall have the right to place, construct
and maintain one or more exterior signs on the Premises with the
prior written consent of Landlord, which consent shall not be
unreasonably withheld. Landlord expressly consents to permitting
Tenant to place signage on the exterior of the Premises showing
the name "Coachella Valley Recreation and Park District Palm
Desert Community Center" , which signage shall be consistent with
the sign design guidelines for the Civic Center Property.
14. Alterations and Additions .
•
(a) Except as provided in Section 14 (d) below.
Tenant shall not make any alterations whatsoever to the
structural or exterior portions of the Premises without the
consent of Landlord. Tenant. at its sole cost and without any
consent from Landlord. shall have the right to make nonstructural
alterations to the Interior of the Premises . so long as such
alterations do not substantially reduce or impair the value of
the Premises . do not affect the systems of the. and so long as
the alterations are made so as to keep the Premises free of
liens . Unless Landlord requires their removal . all alterations
or additions shall . upon the expiration or sooner termination of
this Lease , become part of the realty and sole property of
Landlord. Landlord' s consent shall not be unreasonably withheld.
(b) In making any alterations requiring
Landlord' s consent, Tenant shall comply with the following:
( i ) Tenant shall submit copies of
preliminary plans and working drawings (and reasonably detailed
final plans and specifications and working drawings if the
estimate of the proposed alterations cumulatively cost $25.000 or
more) of the proposed alterations.
( iI ) The alterations shall not be commenced
until twenty (20) days after Landlord has received written notice
from Tenant stating the date the installation of the alterations
is to commence. Tenant shall provide proper notice to all
persons furnishing labor or materials to Tenant that no
mechanic's, materialmen' s or other lien sought to be taken on the
Premises shall In any matter affect the rights or interest of
Landlord therein.
( ill ) The alterations shall be approved by
all appropriate government agencies, and all applicable permits
and authorizations shall be obtained before commencement of the
alterations .
7
( iv) All alterations shall be completed with
due diligence in compliance with all plans and specifications and
working drawings and all applicable laws , and such alterations
shall not reduce or impair the value of the Premises.
(v) Before commencing the alterations and at
all times during construction , Tenant ' s contractor or Tenant
shall maintain Insurance as required and approved by Landlord.
(c) If during the term hereof , any change ,
alteration, addition or correction shall be required by any law,
rule, or regulation of any governmental authority to be made In
or to the Premises, or any portion thereof, Landlord shall first
give written consent thereto, and such change, alteration ,'
addition or correction shall then be made by Tenant at its sole
cost and expense in accordance with plans and specifications
approved by Landlord . Tenant shall , 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
Tenant.
15 . jechanics Liens .
(a) 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 the installation and construction of the initial
Improvements . 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. Tenant shall defend
and indemnify Landlord and the Premises against all liability and
loss of any type arising out of work performed on the Premises by
Tenant , together with reasonable attorneys' fees and all costs
and expenses incurred by Landlord. In defending an action based
upon such claims.
(b) On completion of any work of Improvement or
construction during the term of this Lease. Tenant shall file or
cause to be filed a notice of completion.
(c) Should any claims of lien be filed against
the Property, or any ' action or proceeding be instituted affecting
title to the Property, Tenant shall give Landlord written notice
within ten ( 10) days after Tenant obtains knowledge thereof.
(d) If Tenant desires to contest any claim of
lien , it shall within fifteen ( 15) days of the filing of the
8
lien , furnish Landlord with case security in the amount of the
lien , plus estimated costs and interest , or shall furnish
Landlord with a bond of a responsible corporate surety in the
same amount, conditioned upon the discharge of such lien, in the
event Tenant fails or refuses to furnish the same within said
fifteen ( 15) day period.
(e) Immediately upon entry of final judgment in
any such action in which Tenant contests such claim of lien, and
if such judgment shall establish the validity of the lien, or any
part thereof, and within fifteen ( 15) days of the filing of any
lien for record which Tenant does not contest, Tenant shall fully
pay and discharge such judgment or lien, as the case may be, and
Tenant shall reimburse Landlord upon demand for any and all loss , '
damage and expense, including reasonable attorneys' fees , which
Landlord may suffer or be put to by reason thereof. Nothing
contained herein shall prevent Landlord, at the cost and for the
account of Tenant, from satisfying any such judgment or lien, as
the case may be, in the event Tenant fails or refuses to satisfy
same as herein provided, and Tenant shall reimburse Landlord for
any such advances promptly upon receipt of Landlord's demand
therefor , and such obligation shall be construed as additional
rent hereunder.
(f) Tenant, as a public agency, shall require the
contractors to post performance and labor and material payment
bonds to protect suppliers , material providers, and laborers .
Such a bond shall also name Landlord as a co-obligee and will be
sufficient protection to Landlord in case a construction dispute
arises .
16. Entry by Landlord.
Landlord , and its authorized agents and
representatives, shall be entitled to enter the Premises upon 24
hours written notice to Tenant for the purpose of making
necessary repairs to the Premises and performing any work therein
or thereon which Landlord may deem necessary or appropriate to
prevent waste , loss , damage of or deterioration to or in
connection with the Premises, and for the purpose of inspecting
the Premises and posting notices of non-responsibility. Landlord
shall in connection with the performance of any such work, cause
as little inconvenience, disturbance or other damage or loss to
Tenant as may be reasonably possible under the circumstances .
17. indemnity.
Tenant covenants with Landlord that 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 Tenant ,
its employees, agents , invitees , customers, subtenants , patrons ,
guests , or any person, during the term of this Lease, occurring
9
•
on the Premises and that Tenant will indemnify , defend (at
Tenant' s expense and with counsel satisfactory to Landlord) , save
and hold Landlord and the Premises free, clear and harmless from
any and all ! lability , loss , costs , charges , penalties ,
obligations expenses , attorneys ' fees, litigation, judgments ,
damages , liens , claims and demands of any kind whatsoever in
connection with , arising out of or by reason of : ( I ) any
violation of law, ordinance or governmental regulation by Tenant.
its agents , employees , servants , contractors , subtenants ,
licensees , concessionaires , customers or business invitees , or
( ii ) on account of any repairs and alterations which Tenant may
make to the Premises; or ( iii ) by reason of any real or claimed
injury or damage however occurring qA) to any person or persons
whomsoever ( including Tenant , its agents, employees , servants ,'
contractors , subtenants , licensees , concessionaires . patrons ,
guests , customers , invitees ) or ( 8 ) to property of any kind
whatsoever and to whomsoever belonging ( including Tenant , its
agents , employees, servants , contractors, subtenants , licensees .
concessionaires , patrons , guests , customers 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, but excluding the adjoining
sidewalks , curbs , streets or ways ; or (v) any use, non-use or
condition of the Premises or any part thereof, but excluding
adjoining sidewalks, curbs , parking lots, streets or ways; (vi )
any failure on the part of Tenant to perform or comply with any
of the terms of this Lease ; or (vii ) from any other cause or
causes whatsoever while im, upon, about or in any way connected
with the use or occupancy of the Premises by Tenant . its agents .
invitees , subtenants , customers , patrons , customers and
employees . Tenant, as a material part of the consideration to
Landlord, hereby assumes all risk of damage to property or injury
to persons + n, upon or about the Premises arising from any cause
and Tenant iereby waives all claims In respect hereof against
Landlord, ^xcept for damages or injuries to persons or property
attributer to Landlord' s negligent or intentional acts or
omissions. This obligation to indemnify shall include all costs ,
expenses and liabilities actually incurred by Landlord from first
notice that any claim or demand is to be made or may be made .
Notwithstanding anything provided herein to the contrary, nothing
contained herein shall be construed as obligating Tenant to
indemnify Landlord for any losses or damages to Tenant or third
parties to the extent the same are attributable to Landlord' s
negligent acts or omissions .
18. Insurance.
(a) Subject to the self-insurance provisions of
Section 18 (d) hereof, during the terms hereof, Tenant agrees . at
its sole cost and expense, to provide and maintain at least the
following insurance:
10
Nue
( 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, on, 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 Tenant of the
indemnity provisions of Section 17. The limits of said insurance
shall not, however, limit the liability of Tenant hereunder.
( ii ) Insurance covering loss or damage to the
Premises , and all personal property of Tenant , including
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 , and
special extended perils ("all risk" , as such term is used in the
insurance Industry) . If the Tenant shall fail 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
Tenant . If such insurance coverage has a deductible clause, the
deductible amount shall not exceed $ 1 ,000 per occurrence, and
Tenant shall be liable for such deductible amount; and
( iii ) Worker ' s Compensation Insurance
covering all employees if required by law.
(b) All policies or certificates shall be issued
by insurance companies rated AAA or better in Bests or be such
companies as are approved in writing by Landlord, shall name both
Landlord and Tenant as insureds as their respective Interests may
appear , and shall contain a loss payable clause to Landlord.
Each policy shall contain a clause providing for cancellation
only after ten ( 10) days prior written notice to Landlord, and a
clause providing a waiver, for the benefit of Landlord, of all
rights of subrogation which said Insurer might otherwise have
against Landlord or any agent of Landlord. A certificate of
insurance (and a copy of each said policy) together with evidence
of payment of premiums .shall be delivered to Landlord 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 to subparagraphs ( i ) and ( 1i )
of subsection (a) of this Section 18 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--Ail 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 Tenant fails to obtain ,
maintain , or keep to full force and effect any or all of the
11
above described policies of Insurance, Landlord may, at Its sole
discretion, renew or procure such Insurance, and the said costs
thereof paid by Landlord shall become due and payable as
additional rental to Landlord by Tenant on the first day of the
next succeeding calendar month.
(d) Provided that self- insurance of the risks
described In subsection (a) hereof shall not be a breach of any
law , Tenant may self- insure any of the risks described in
subsection (a) on the following terms and conditions :
( i ) Tenant shall consistently be able to
meet its financial obligations as they mature.
( 11 ) Such self- insurance shall be maintained
in accordance with a plan or program of self- Insurance which
Tenant may from time to time have In force and effect. Tenant
shall submit plan or program to Landlord for review and approval .
If Landlord finds plan or program to be insufficient , Landlord
may require Tenant to provide an insurance policy on proposed
subject of self- Insurance . Tenant shall provide Landlord
annually, on or before January 31 of each calendar year, with a
statement signed by Tenant' s risk-manager certifying that ( i ) the
plan or program of self- Insurance is in full force and effect;
( if ) Tenant's self- insurance program currently has cash reserves
sufficient , to accordance with sound accounting practices, to
meet the needs of the self- Insurance plan, and ( iti ) Tenant' s
risk-manager has no reason to believe that within the twelve ( 12 )
months following the date of such statement Tenant will be unable
to meet its financial obligations as they mature.
(e) Tenant shall request its insurance carriers
to furnish Landlord • by direct mall , with a certificate of
insurance showing that such Insurance is In full force and that
Landlord is named as an additional insured.
19. pestruction of Improvements.
(a) If at any time during the term of this Lease
the Premises shall be damaged or destroyed, If Tenant so elects
and notifies Landlord of its election to rebuild in writing, to
the extent of insurance proceeds from insurance maintained by
Tenant and made available to Landlord, and otherwise at Tenant' s
expense, Tenant shall , upon such notice from Landlord, diligently
proceed to replace or repair the Premises within six (6) months
of receipt of Landlord notice of election to rebuild, and this
Lease shall continue ' in full force and effect. Tenant shall be
excused from performing its obligation to replace or repair the
Premises hereunder in the event, but only for so long as, the
performance of such obligation 1s prevented, delayed. retarded or
hindered by acts of God , fire , earthquake. floods , explosion,
war , invasion , Insurrection, riot, inability to procure labor ,
12 •
equipment, facilities , materials or supplies in the open market .
failure of transportation, strikes , or laws, orders of government
or civil or military authorities or any other cause, whether
similar of dissimilar to the foregoing, not within the reasonable
control of Tenant.
(b) Tenant shall be financially responsible and
maintain insurance on the premise at all times for all occasions
of loss including but not limited to liability , Workmen ' s
Compensation, fire and peril coverage and contents. Tenant shall
produce evidence of such coverage upon demand by Landlord.
20. Assignment and Subletting.
Tenant shall have the right, with the consent of
Landlord, to assign or transfer this Lease or sublet the Premises
or any portion thereof. Landlord's consent in this regard shall
not be reasonably withheld, provided the use proposed by the
assignee or subtenant is a recreation program or use authorized
under Section 7 or 8 hereof.
21 . Tenant's Default.
(a) Any of the following events shall constitute
a default under this Lease by Tenant:
( 1 ) The vacating or abandonment (which is
defined to be Tenant's absence, without prior written notice to
Landlord, from the Premises for fourteen consecutive days) of the
Premises by Tenant;
( ii ) Tenant ' s use of the Premises for
purposes other than as described in Sections 7 and 8 hereof;
( iii ) The failure by Tenant to observe or
perform any material covenant, condition, or provision in this
Lease not already specifically mentioned in this Section 21 .
where such failure continues for thirty (30) days after written
notice from Landlord notifying Tenant of such failure.
(b) In the event of any such default, Landlord
shall give written notice to Tenant of the default and Tenant
shall have thirty (30) days to cure said default. If the default
is not cured by Tenant within the time provided, Landlord may
promptly or at any time thereafter, and without limiting Landlord
in the exercise of any other right or remedy which Landlord may
have by reason of such default or breach:
( i ) Terminate Tenant's right to possession
of the Premises by any lawful means, in which case this Lease
shall terminate and Tenant shall immediately surrender possession
of the Premises to Landlord.
13
( it ) Pursue any other remedy now or hereafter
available to Landlord under the laws or judicial decisions of the
State of California.
22 . Holding over.
In the event Tenant shall , with Landlord' s written
consent , hold the Premises beyond the term of the Lease, such
holdover 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 . Any holding over without
Landlord' s written consent shall be an unlawful detainer of the
Premises .
23 . Remedies Cumulative.
Each right, power and remedy of 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
shall not preclude the simultaneous or later exercise by Landlord
of any or all such other rights, powers or remedies .
24. gstoopei Certificate.
Tenant shall at any time, and from time to time,
not more than five ( 5) days after receiving notice from Landlord,
execute , acknowledge and deliver to Landlord a statement in
writing ( t ) certifying that this Lease is unmodified and in full
force and effect (or, i f modified by agreement of both parties ,
stating the nature of such modifications and certifying that this
LEase as so modified , is in full force and effect ) , ( if )
acknowledging that there are not , to Tenant' s knowledge, any
uncured defaults on the part of the Landlord hereunder , or
specifying such defaults if any are claimed, and ( iti ) certifying
any other matters relating to the Lease or the Premises that the
Landlord may request. At Landlord' s option, Tenant' s failure to
deliver such statement within such time shall be a material
breach of this Lease and shall be conclusive upon Tenant ( 1 ) that
this Lease is In full force and effect , without modification
except as may be represented by Landlord, and (2) that there are
no uncured defaults in Landlord' s performance under the Lease.
25. Entire Agreement.
This Lease, the Exchange Agreement and Cooperation
Agreement contain all of the promises, agreements, conditions ,
inducements and understandings between Landlord and Tenant
relative to the CVRPO Property and the Premises , and there are no
promises , agreements , conditions , understandings , inducements ,
warranties or representations, oral or written , express or
14
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 o
their own choosing.
26. Attorneys ' Fees .
Should either party hereto institute any action or
proceeding at law or in equity to enforce or to interpret any
provision hereof or for damages or other relief by reason of an
alleged breach of any provision hereof, the prevailing party
sha 1 i 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 attorney' s 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 Landlord, without fault on its part, be made a party to
any litigation instituted by or against Tenant, Tenant covenants
to pay to Landlord all costs and expenses, including reasonable
attorney ' s fees, incurred by Landlord in or in connection with
such litigation , on a monthly basis. The failure to pay the
same, when due, shall have the same effect as a failure by Tenant
to pay when due any rental or other charges payable hereunder by
Tenant to Landlord.
27. Notices.
Any notices or other communication required or
permitted hereunder shall be sufficiently given if in writing an
sent by registered or certified U . S . mail , postage. prepaid,
return receipt requested, addressed as follows:
Tenant: Coachella Valley Recreation
and Parks District
46-350 So. Jackson Street
Indio, CA 92201
Landlord: Palm Desert Redevelopment Agency
73-510 Fred Waring Drive
Palm Desert, CA 92260
Attn: Carlos L. Ortega
Executive Director
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.
I5
28. Waiver .
The waiver by 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.
29 . Successors and Assigns .
The terms , provisions , covenants and conditions
contained in this Lease shall apply to, bind and Inure to the
benefit of heirs , executors , administrators , legal
representatives , successors and assigns of Landlord and Tenant ,-
respectively.
30 . Time.
Time is of the essence in the performance of all
matters under this Lease.
31 . Quiet Enjoyment.
Landlord agrees that so long as no event of
default is in existence and continuing, upon Tenant' s observing
and performing all of the provisions, covenants and conditions of
this Lease on its part to be performed, Tenant may quietly hold,
occupy and enjoy the Premises during the terms of the Lease,
subject to the provisions of this Lease.
32. Governing Law and Construction.
(a) This Lease shall be governed by the laws of
the Sate of California.
(b) The language in this Lease shall be
construed, in all cases , according to its fair meaning, and not
for or against any party hereto.
33 . Severability.
If any provision of this Lease is held to be
invalid or void , the balance of the provisions shall ,
nevertheless, remain in full force and effect.
34. Monetary obligations as rent.
All monetary obligations of Tenant to Landlord
hereunder shall be considered as additional rent.
16
35. Exhibits : Counterparts .
All Exhibits referred to are attached to this
Lease and incorporated by reference. This Lease may be executed
in multiple counterparts each of which shall be deemed an
original .
36. Headings and Pronouns .
The headings in this Lease 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.
37. Additional Documents.
Landlord and 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.
IN WITNESS WHEREOF, the parties hereto have executed
this Agreement on the day and year first above written.
Landlord: PALM DESERT REDEVELOPMENT AGENCY
By: ‘Ae en- �2-u .,
Buford A. Crites, Ch rman
ATTEST: by Walter H. Snyder, Vice Chairman
Sheila . Gllliga
Secret ry
Tenant: COACHELLA VALLEY RECREATION
AND PARK DISTRICT
8
. ohnson, President
ATTE T:
Ageob&_,
K en H. Strohmefer
Secretary
17
Napo'
gXHIBITS
EXHIBIT "A" Legal Description of Site for Temporary
Facility
EXHIBIT "8" Location and Description of Community
Recreation Building
EXHIBIT "C" Floor Space Descriptions
(Provided by J. F. Davidson)
EXHIBIT "D" Recreation Services
18
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EXHIBIT "C"
The following is a list of programs to be
offered, but not limited to, by the Coachella Valley
Recreation and Park District at the Palm Desert
Community Center. All programs will be in response to
Community demand and facility capabilities.
GYMNASIUM USAGE MULTIPURPOSE ROOD USAGE
Youth Basketball Exercise Classes
Adult Basketball Dance Classes (ballet, tap,
Youth Volleyball etc.)
Adult Volleyball Square Dance
Cheerleading Camp Baton & Acrobatics
Karate (8 yr. & up) Summer Day Camp
Pee Wee Tennis Special Interest Programs
Archery (Painting, Calligraphy, etc. )
Running Club Rentals for Weddings, Dances,
Recreational Games (Banquets, etc. )
pRESCHOOL ROOM USAGE MISCELLANEOUS
Tiny Tots Community Trips & Tours
Summer Tot Camp Holiday Special Events
Mommy & Me Palm Desert Youth Baseball
Babysitting Service Palm Desert Youth Soccer
City of Palm Desert
Palm Desert Chamber of
Commerce
ADULT & FAMILY EDUCATION CLASSES
Self Improvement Modeling
Investment & Tax Classes
C.P.R.
First Aid
Drug Awareness & Teen Self Esteem
COACHE03.011/5-8-90/SAN/SMB
ATTACHMENT "C„
PARTICIPATING AGENCIES: 44-950 ELDORADO DRIVE
INDIAN WELLS ``ur+'` INDIAN WELLS
PALM DESERT CALIFORNIA 92210-7497
RANCHO MIRAGE (619)346-2489
Cove Communities Public Safety
Commission
December 2, 1994
RECEIVED
Bruce Altman, City Manager DEC 0 5 1994
CITY OF PALM DESERT pia DESERT CITY NAL
73-510 Fred Waring Drive CITY MANAGER
Palm Desert, CA 92260
Dear Bruce:
Enclosed for your City records is a fully executed original of
the Agreement between the Cove Communities Services
Commission and the Coachella Valley Recreation and Park
District.
•
Sincerely,
DEBORAH R. BRACKEN
Secretary
Enclosure
e,--1(5 s j'u`�
{�. rufy(c
COPY GIVEN TO
DATE 1?_`'`'`k INIT'L V..�=--
`rr.d`
AGREEMENT
This Agreement is made this 19th day of October
1994 by and between the Cove Communities Services Commission, a
public agency ("Commission") and the Coachella Valley Recreation
and Park District ("District") with reference to the following:
A. The City of Palm Desert is the owner of certain real property
within its city limits, commonly known and referred to as
Civic Center Park. The Commission controls certain amenities,
i.e. , baseball fields, soccer fields and concession stand
located at Civic Center Park.
B. The Commission desires the District to provide for the
scheduling, posting, collection of reservation fees and
supervision of the Tri-Cities Sports Complex within the Civic
Center Park, and adjacent concession stand, seven days a week
for the use and benefit of the residents of the Cove
Communities. The Cove Communities Public Safety Commission
also desires the District to provide staff for the concession
stand/restroom and maintain certain parts of the sports
fields.
C. The District desires to provide for the scheduling, posting,
collection of fees and supervision of Tri Cities Sports
Complex and concession stand seven days a week including
staffing for the concession stand and certain field
maintenance.
NOW THEREFORE, in consideration of the foregoing and the mutual
promises and covenants set forth herein, the Commission and
District agree as follows:
•
1. Scheduling and Collection of Reservation Fees
The District shall schedule, post and collect reservation
fees for the sports fields Monday through Friday, 6 :00 AM to
9 : 00 PM, Saturday and Sunday, 10 :00 AM to 9 :00 PM, in
accordance with the rules and regulations set forth in Section
11.01 and 11. 04 of the City of Palm Desert' s Municipal Code
(hereinafter referred to as the "Park Ordinance")
2. Sports fields, Restrooms and Building Maintenance
The District shall provide infield maintenance, landscape
maintenance, restroom cleaning service and general building
maintenance pursuant to Exhibit "A" attached hereto and made
part of this agreement.
3 . Concession Stand Maintenance
The District shall provide all maintenance and cleaning
services for the concession stand exterior, interior and all
appliances . Exhibit "A" attached hereto and made part of this
•
agreement details the maintenance, service and replacement
responsibilities of the District.
4 . Compensation
A. The District agrees to staff the concession stand for
events and purchase all supplies needed for full function
concession stand. District agrees to pay Commission 25% of
the gross proceeds. Payment shall be made to Commission on a
monthly basis, no less than thirty days from end of the month.
B . Sportsfields, Restrooms and Building Maintenance : Exhibit
"A" attached sets the compensation amount for these services
and may be amended every 12 months based on the actual
District costs.
5 . Concession Stand Operation
A. District employees may not donate, consume or remove any
food or beverage from the concession stand. Exceptions :
1. When expressly permitted by Commission in writing;
2 . When food or beverage has exceeded the expiration date or
would otherwise become waste;
3 . District employees may purchase food at cost.
B. Monthly reports to Commission by District shall report the
food and beverage purchased but not sold due to damage, theft,
expiration, spoilage and other losses .
C. Expenses shall include all products purchased for sale or
products purchased for the preparation of food or beverage
sale.
D. Gross proceeds are all sales of merchandise from concession
stand. •
E. Net proceeds are gross proceeds minus expenses.
6 . Audit
The Commission reserves the right to perform an audit for the
purpose of determining the accuracy of the District' s monthly
revenue and expense reports. The audit or examination of the
records may be performed by individual representative of the
Commission or by an accounting firm retained by the
Commission. The Commission agrees to pay for the cost of an
audit initiated by Commission. District agrees to provide
actual records and daily accounts at the request of Commission
at no charge to Commission.
2
•
waiver shall be deemed a waiver of any subsequent breach or
default of the same or similar nature.
C. Successors: Without waiving any restrictions or transfer
or assignment (either voluntary of involuntary) provided
herein, this Agreement shall be binding upon, and shall inure
to the benefit of, the parties hereto, their respective heirs,
personal representatives, successors and assigns.
D. Invalidity: If any provision of this Agreement shall be
invalid or unenforceable, such invalidity or unenforceability
shall attach only to such provision and shall not in any
manner affect or render invalid or unenforceable any other
severable provision of this Agreement; and this Agreement
shall be carried out as if any such invalid or unenforceable
provision were not contained herein.
E. Headings: The section headings contained herein are for
the purpose of convenience only and are not intended to define
or limit the contents of said sections.
F. Counterparts: This Agreement may be executed in one or
more counterparts, all of which taken together shall be deemed
an original.
G. Time is of the Essence: Time is of the essence with
respect to each and every term, condition and provision
required to be performed under this Agreement.
H. Litigation and Attorney' s Fees: In the event of any
litigation between the parties hereto with respect to the
subject matter hereof, the unsuccessful party to such
litigation covenants and agrees to pay to the prevailing party
herein all attorneys' fees and court costs incurred by such
relief to which it may be entitled. All of such costs and
fees shall be included in, and become a part of, any judgement
rendered in such litigation.
I . Choice of Law: This Agreement shall be deemed to be a
contract under the laws of the State of California. For all
purposes, it shall be construed and enforced in accordance
with the internal laws of said state, without regard to the
principles of conflicts of law.
J. Notice: All notices, or demands of any kind, served by
either party to this Agreement by the other shall be in
writing and shall be personally delivered,, or mailed by
registered or certified mail, return receipt requested,
addressed as follows :
4
TO: Coachella Valley Recreation and Park District
45-871 Clinton Street
Indio, California 92201
Attention: Don Martin, District Manager
TO: Cove Communities Services Commission
73-510 Fred Waring Drive
Palm Desert, California 92260
K. Term: The term of this agreement shall be 12 months (one
year) from the date of execution. The District and Commission
may terminate the agreement by providing the other party with
a 30-day written notice for any reason and immediately for the
"failure to perform, " the provisions of the agreement or
violation of the California Health and Safety Code or other
associated laws and regulations.
Any party may change the address set forth herein by giving written
notice of said change to the other party.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement effective the day and year first written above.
COVE COMMUNITIES SERVICES COACHELLA VALLEY RECREATION
COMMISSION AND PARK DISTRICT
4--• By:
By:
•
R9/15/94
5
,..r ur rain Lwm. ATTACHMENT• "I)"
a -"MBE BUD2T 11011SHEET
e FISCAL YEAR 1994-1995
1993-1994 1994-1995 1994-1995
1991-1992 1992-1993 ORiGDIAL Projected, Departieat City !Manager
A0000NT NUMBER ACCCONT DESCRIPTION Actuals Actcals BUDGE; 93-94 Actual Request Remands
pW-PARI LIINTENANCE
Salaries
110-4610-453.10-01 S8LARIES-FULL TIME 236,609 304,195 270,000 311,730 328,800 328,800
110-4610-453.10-02 SALARIES-OVERT114E 12,366 6,951 10,000 10,000 15,000 15,0000
110-4610-453.10-03 SALARIES-PART TIME 23,370 0 20,000 0 0
• Salaries 272,345 311,116 300,000 321,730 343,800 313,800
Benefits
110-4610-453.11-15 RETIREMENT C JTRIBUTION 26,619 47,722 58,200 50,600 52,500 52,500
110-4610-453.11-16 MEDICARE MOTE-FE 2,545 2,932 3,000 3,050 3,500 3,500
110-4610-453.11-20 INS PREd - LTD 536 1,721 1,700 1,800 1,900 1,900
•
110-4610-453.11-21 INS PIER-HEALTH 46,755 49,086 46,200 44,700 60,200 60,200
110-4610-453.11-22 INS PREH-DEATAL/VISICN 7,151 8,496 9,400 10,200 10,300 10,300
110-4610-453.11-24 INS PREtl - LIFE 998 1,213 1,200 1,300 1,300 1,300.
110-4610-453.11-25 WORKER'S 02PENSATICN 43,536 21,049 76,000 76,000 23,000 23,000
+ Benefits 128,140 132,219 195,700 187,650 152,700 152,700
Supplies
110-4610-453.21-30 SUPPLIES-JANITORIAL 3,336 1,728 2,000 2,000 3,000 3,000
110-4610-453.21-80 SMALL TOOLS!W3I MSMT 1,278 475 2,500 15,000 2,000 2,000
110-4610-453.21-90 SUPPLIES-OTHER 20,034 29,137 20,000 15,000 2,500 2,500
• Supplies 24,648 31,340 21,500 32,000 7,500 7,500
Other Services i Charges
110-4610-453.30-03 PROF-TF10?ORARY PART-TEE 0 23,024 0 18,500 20,000 20,000
110-4610-453.31-20 COBF, SEARS, WORKSHOPS 150 11 0 0 0 0
110-4610-453.33-10 R/M-BUILDINGS 448 197 1,200 1,800 2,950 2,950
110-4610-453.33-20 R/M-STREET,P3RES,BHDIANS 8,014 9,705 15,000 15,000 105,000 105,000
110-4610-453.33-21 R/M-CIVIC CENTER PARK 10,340 663 0 0 0 0
110-4610-453.33-70 R/M-OTH EQ3IP/MINT FED 155,868 142,616 290,000 285,000 242,500 231,500
110-4610-453.33-71 MAINT TRI-CITIES INDSC112E 0 13,158 45,000 50,000 120,100 120,700
110-4610-453.34-40 ANNUAL LEASE PAYMENT 0 0 1 1 1 1
110-4610-453.35-10 UTILITIES-WATER 1,827 1,682 2,000 7,500 8,900 8,900
110-4610-453.35-14 UTILITIES-ELECTRIC 0 0 300 300 600 600
110-4610-453.35-16 UTILITIES-SEWER CHARGES 254 233 250 250 500 500
+ Other Services i Charges 176,901 191,289 353,751 378,351 501,151 490,151
Capital Outaly
110-4610-453.40-45 CAP-MACHINERY i EQUIPMENT 13,026 24,971 4,370 6,000 121,400 46,400
Capital Cutaly 13,026 24,971 4,370 6,000 121,400 46,400
.+ pp 615,060 690,965 878,321 925,731 1,126,551 1,040,551
I .
II 63
PB:LINI aay BUDGET wORESHEET
o FOR FISCAL YEAR 1994-1995
1993-1994 1994-1995 1994-1995
1991-1992 1992-1993 ORIGAi, Projected Department City Manager
ACCOUNT NUMBER ACCOUNT DESCRIPTION Actuals Actuals BUDGET 93-94 Actual Request Recoomends
PW-CIVIC CENTER PARE
Supplies
110-4611-453.21-30 SUPPLIES-JANITORIAL 56 1,216 2,500 1,900 3,000 3,000
110-4611-453.21-90 S0PPLIES-OTHER 33,132 35,271 45,000 63,000 78,000 78,000
' Supplies __--_-'- -----------
33,488 36,487 47,500 64,900 81,000 81,000
Other Services i Charges
110-4611-453.33-10 R/H-BUILDINGS 105 2,300 4,000 2,500 2,750 2,75C
110-4611-453.33-20 R/H-STREET,PARESADpIAN3 97,075 108,790 179,000 95,000 155,000 150,000
110-4 611-453.35-10 UTILITIES-rani 301 9,769 18,000 11,000 18,000 18,000
110-4611-453.35-14 UTILITIES-ELECTRIC 38,214 42,722 40,000 34,500 58,000 58,000
110-4611-453.35-16 UTILITIES-SEWER CHARGES 49 148 1,800 500 750 750
` Other Services i Cbar es
g 135,744 163,729 212,800 113,500 234,500 229,500
Capital Outaly
110-4611-453.40-45 CIP-MICEINERY i EQUIPMENT 0 12,574 0 2,150 50,000 0
1 ' Capital Outaly 0 12,574. 0 2,150 50,000 0
" Pi-CIVIC CENTER PARR
169,232 212,790 290,300 210,550 365,500 310,500
I
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ATTACHMENT "F"
•
•
PROGRAM RESPONSIBILITY LIST
•
The CVRPD will have primary responsibility for adult field and court
recreational services, as well as organized sports, with a secondary emphasis
on youth and recreational activity. The YMCA will have prima":
responsibility for youth, with a secondary emphasis on adult recreationa:
activity. Both CVRPD and YMCA will have responsibility of park supervisio:
as outlined in responsibility list.
It is the intent of the City of Palm Desert to provide facilities but no-
recreation services. It is the intent of CVRPD and the YMCA to provide al.
coordinated services, organized and unorganized, to our community.
As new program .requests are received, they will first be referred to the
agency having primary responsibility for such programs. Should the primar
agency decline to offer the program, the other agency may elect to add it t
their list of activities. CVRPD will be primarily responsible for adul
(over 18 years of age) programming.
The following summary of activities, facilities, and organization:
responsible for programming is intended to reflect the current apportionmen
of recreational responsibilities.
SUMMARY - SEPARATE FACILITIES DIVISION OF ACTIVITIES
ACTIVITY FACILITY ORGANIZATION
SOFTBALL/Recreational Fields CVRPD/PDYSA/DYSO
SOFTBALL Leagues/Youth Fields CVRPD/PDYSA/DYSO
SOFTBALL Leagues/Adult Fields CVRPD
BASEBALL Leagues/Adult Fields CVRPD
BASEBALL Leagues/Youth Fields CVRPD/PDYSA/DYSO
BASEBALL FOOD SERVICES
•
Leagues Adult/Youth Olsen, Sports CVRPD(Facilities provide
Complex by City, audit & control
Civic Center by CVRPD)
Concession
BASKETBALL/Adult/ Outdoor/Indoor Cts. Adult:CVRPD
Recreational Youth: YMCA
BASKETBALL Leagues/Adult Outdoor Cts. CVRPD
Need to be Lighted
BASKETBALL Leagues/Youth Outdoor/Indoor Cts. YMCA
•
f
•
ACTIVITY FACILITY ORGANIZATION
BASKETBALL •
Unorganize/OPen Play Outdoor/Indoor Cts. YMCA (Mon-Sat
Ball check-out)
Open Play CVRPD (Sunday
ball check-out)
SOCCER Leagues/Adult Fields CVRPD
SOCCER Leagues/Youth Fields CVRPD & Cove Communities
Soccer Group
CHILD CARE
Pre-School/Infant Licensed Center/ YMCA and CVRPD
Dedicated Space
CIVIC CENTER
•
School Age/Before & At School Sites YMCA and CVRPD
After School (Possibly CIVIC CTR.
during summer)
HEALTH ENHANCEMENT
Aerobics/fitness Classes Large Room/Gym Mats YMCA and CVRPD
All Levels
Weight Training Weightroom - "Joint Use" To be housed
1500-2000 sq. ft. in CVRPD facility until
YMCA expands current
facility. 50% use
reserved for YMCA. ThE
remaining 50%
of time will availabl(
• for CVRPD. When YMCA
expands and adds weight
training, CVRPD will not
conduct classes, unless
approved by City.
•
Classes Classrooms YMCA
Stress Management Classrooms YMCA
Weight Control/Loss Classrooms YMCA
Healthy Back Classrooms YMCA
AQUATICS/RECREATIONAL
SWIMMING/FITNESS SWIMMING Outdoor Indoor "Joint Use" To be
Classes Outdoor Indoor operated by CVRPD with
Pre-School -- Indoor up to 50% use for YMCA,
School Age Outdoor Indoor emphasis on youth.
Adult Outdoor Indoor The remaining 50% of
Seniors Outdoor Indoor time will be allotted t
Special Population CVRPD.
Handicapped -- Indoor
Arthritis -- Indoor
•
ACTIVITY FACILITY ORGANIZATION
VOLLEYBALL/Recreational Outdoor Cts./Sand CVRPD
or Grass/Indoor
Courts/Gym
VOLLEYBALL Leagues/Adults ti " CVRPD
VOLLEYBALL Leagues/Youth " " YMCA
VOLLEYBALL
Unorganized/Open Play Outdoor Cts. YMCA (Saturday
ball check-out)
CVRPD (Sun.-Fri. ball
check-out)
FOOTBALL Leagues/Youth Fields CVPRD/Youth Sports
Groups
GYMNASTICS
Instructional Gym/or room with YMCA
high Ceiling (18-20" )
Pre-School (1 1/2-5 yrs. ) YMCA
School Age YMCA
Team Competition Need dedicated Space YMCA
for Team
MARTIAL ARTS
Karate Large Room/Mats CVRPD
Judo Large Room/Mats (YMCA now has Youth
Classes in Palm Desert
CAMPING Day School or ParkArea/ YMCA
Access to Swimming
Pool YMCA
Residence Leased Camp/Mountains YMCA
Caravan Trips Vans/Central YMCA
Meeting Place
TENNIS/Recreational Tennis Courts/ YMCA (Sat.
Outdoor Lighted equipment check-out)
CVRPD (Sun.-Fri.
equipment check-out)
TENNIS/Adult/Lessons " CVRPD
TENNIS/Youth/Lessons nCVRPD
*kiwi 44.00
ACTIVITY FACILITY ORGANIZATION
YMCA Youth Center Large Room/30'X40' YMCA
TRIPS/TOURS Buses/Central CVRPD
Meeting Place
Youth
Adult "
Families
SPECIAL INTEREST CLASSES
Drama Classroom Space CVRPD
Arts/Crafts Classroom Space CVRPD
Hobbies Classroom Space CVRPD
Creative Writing Classroom Space CVRPD
Dog Obedience Classroom Space CVRPD
Others Classroom Space CVRPD
SPECIAL EVENTS
Easter Egg Hunt Park/Multi-Purpose CVRPD
Room
Christmas
TRACK & FIELD Open Park Area/C.O.D. CVRPD
Youth & Adult TRACK/High School
Track
RACQUET BALL/HANDBALL "Joint use" To be house
in CVRPD facility unti
YMCA expands current
facility. Reservations
will be made through
YMCA with 50% of the
time made available to
CVRPD. When YMCA
expands and adds
racquet ball court.
(2 indoor) CVRPD will b
available to YMCA for
overflow use.
2 Indoor/4 Wall YMCA
SQUASH 1 or 2 Courts YMCA
(Possible Activity)
GENERAL PARK SUPERVISION Civic Center Park CVRPD Mon-Fri.
8 a.m. to 10 p.m.
CVRPD Building North t
Magnesia Falls
Sun. 8 a.m. to 8 p.m.
entire park
ACTIVITY FACILITY ORGANIZATION
• YMCA Mon.-Fri.
B a.m. to 10 p.m.
YMCA South to Sheriff
Station
Sat. 8 a.m. to 8 p.m.
Entire Park
RECREATION SERVICES All YMCA - shall submit tc
REPORTING REQUIREMENTS the City on a quarterly
basis all activities anc
services provided to
community. Programming
schedules may act as
report as long as
specialized services ar€
included in report sue
as field trips, camps,
special events, etc.
All CVRPD shall submit/
to the City on quarterl,
basis all activities an(
services provided to
community. Programmin4
schedules may act
report. In addition CVRPI
shall submit a report 01
coordination of sport
groups (Youth baseball
soccer, football). CVRP
shall consider all
funding request by yout
sports groups prior t
groups requesting fund
from City. Prior to an
funds allocated t
groups, CVRPD shal
jointly develop with cit
current publi
expenditure on facilitie
used including but no
limited to maintenanc
water, electricity, etc
ATTACHMENT "G"
•
• City of Pale Desert
•
CV'Recreation and Parks District
Revenue Generation :n the City
FY 1992-93 Projections
Cecsrio::on Total Valuation Ease Valuation Increment
Proiect Area No. 1 - Original $476,509,811 $27,485,336 $449,023,975
Project Area No. 1 - Anne:::: 1,612,292.706 656,065.059 956.227,647
Project Area No. 2 542,212.121 102,157,447 440,054,674
Project Area No. 3 185.318,169 149,523.255 35,794,914
TOTAL RDA VALUATIONS S2.816,332.807 $935,231,597 $1,881,101,210
District Base Valuation Increment
Oecsriotion Rates* Amounts Amounts
Project Area No. 1 - Original 2.09% $5,745 $93,846
Project Area No. 1 - Annex 2.11% 138,430 201,764
Project Area No. 2 1.93%' 19.716 84,931
Project Area No. 3 2.12% 31,699 7,589
TOTAL RDA DISTRICT REVENUE $195,590 $388,129
TOTAL CITY OF PALM DESERT
ASSESSED VALUATION $3,574,765,298
Less: RDA Valuation (2,816,332,807)
NET CITY VALUATION $758,432,491
Average CV Rec it Park Rate* 2.06%
REVENUE GENERATED BY THE NET
CITY VALUATION $156,427
Plus RDA Base Revenue 195,590
Pius Pass Thru (82 Annex) 16,141
TOTAL ESTIMATED CVPRD REVENUE $368,157
C'VRPD RDA Revenue Retained
By the Agency t371,988
* Rates are taken from the FY 1991-92 rates for Project Area No. 1, Project Area No.
1 (82 Annex) and Project Area No. 2. The rate for Project Area No. 3 is from FY
1990-91.
* This rate used here is an average of all the project areas.
\123r3\ord93rev.wk3