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HomeMy WebLinkAboutCC RES 79-014+ � � RESOLUTION N0. 79-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN OFFICE LEASE AGREEMENT FOR THE PUBLIC WORKS DEPARTMENT AND AUTHORIZING THE CITY MANAGER TO EXECUTE. W�iEREAS, the City of Palm Desert requires additional office space to house the Department of Public Works; and WHEREAS, said additional office space is available at 74-109 Larrea Street. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, that the City Manager is hereby authorized to execute said Lease Agreement, attached hereto and made a part hereof as Exhibit "A". PASSED, APPROVED, and ADOPTED by the City Council of the City of Palm Desert, California, on this 8th day of February , 1979, by the following vote, to wit: AYES: Brush, McPherson, Newbrander, Wilson & Mullins NOES: None ABSENT: None ABSTAIN: None ATTEST; � CITYrOF PALMyDESERT,vCAL�ORNIA C RESOLUTION N0. 79-14 EXHIBIT "A" LEASE AGREEMENT This lease is between CHORAL PEPPER, of Palm Desert, California, herein called lessor, and THE CITY OF PALM DESERT, of Palm Desert, California, herein called lessee. It is executed in duplicate. I. DESCRIPTION OF PREMISES: Lessor leases to lessee, and lessee hires from lessor, as herein provided, the premises located at 74 109 Larrea Street, City of Palm Desert, County of Riverside, State of California, and described more particularly as follows: A 3,700 foot building and grounds at the above address. II. TERM: The term of this lease is 3 years, beginning � l , 1979. III. OPTION TO RENEW: Lessee shall have an option to renew this Lease Agree- ment for an additional term of three (3) years on the same terms and conditions as set forth herein, except that the rent may be increased or decreased yearly to reflect the a� a cost of living as disclosed by the "Consumer Price Index" (or, if that Index is no longer published or is revised, a successor or substitute index appropriately adjusted) published by the Bureau of Labor Statistics of the United States Department of Labor, for the Riverside County Area (or Los Angeles County Area, if no index is published for Riverside County), California. Said option to renew shall be exercised upon the giving of written notice to lessor at least �p days prior to the end of this term. The rent payable each month for the subsequent period to be determined shall be an amount which bears the same pro- portionate increase over the initial rental payment which the Index Figure on the first reported day of such subse- quent period bears to the Index Figure first reported after the date of execution hereof. It is understood and agreed that in the event of an adjustment in the base year used for determining the Index between the present time and the time of determination, appropriate adjustment will be made in the respective Index Figures in order that a proper rela- tionship may exist between the Index Figure used on the date hereof and the Index Figure used at the beginning of such subsequent period. IV. RENT: The total rent of this lease is the sum of $43,200.00. Lessee agrees to pay lessor said amount in installments of -2- 0 $1,200.00 each, at Palm Desert, California, beginning on /"/lj�C-`) l,�_, 1979, and payable on the � day of each month thereafter during the term of the lease. Receipt of $1,200.00 representing the first month's rent is hereby acknowledged. V. USE OF PREMISES, GENERALLY: The premises are leased to be used as office and storage space. Lessee agrees to restrict their use to such purposes, and not to use or permit the use of, the premises for any other purpose without first obtaining the consent in writing of lessor, or of lessor's authorized agent. VI. NO USE THAT INCREASES INSURANCE RISK: Lessee agrees not to use the premises in any manner, even in his use for the purposes for which the premises are leased, that will increase risks covered by insurance on the building where the premises are located, so as to increase the rate of insurance on the premises, or to cause cancella- tion of any insurance policy covering the building. Lessee further agrees not to keep on the premises, or permit to be kept, used, or sold thereon, anything prohibited by the policy of fire insurance covering the premises. Lessee agrees to comply with all requirements of the insurers applicable to the premises necessary to keep in force the fire and public liability insurance covering the premises and building, -3- VII. NO WASTE, NUISANCE, OR UNLAWFUL USE: Lessee shall not commit, or allow to be committed, any waste on the premises, or nuisance, nor shall he use or allow the premises to be used for an unlawful purpose. VIII.PAYMENT OF UTILITIES: Lessee shall pay for all utilities furnished the premises for the term of this lease, including electricity, gas, water, and telephone service. IX. REPAIRS AND r'IAINTENANCE: Lessor will place the premises in good repair and in compliance with all applicable building codes and will maintain the premises and keep it in good repair at his own expense. X. DELIVERY, ACCEPTANCE, AND SURRENDER OF PREMISES: Lessor represents that the premises are in fit condition for use as office and storage space. Lessee agrees to accept the premises on possession as in a good state of repair and in sanitary condition. He agrees to surrender the premises at the end of the lease term, if the lease is not re- newed, to the lessor in the same condition as when he took possession, allowing for reasonable use and wear, and damage by acts of God, including fire and storms. Lessee agrees to -4- � remove al1 business signs or symbols placed on the premises by him before redelivery, and to restore to the lessor the portion of the premises on which they were placed in the same condition as before their placement. XI. PARTIAL DESTRUCTION OF PREMISES: Partial destruction of the leased premises shall not render lease void or voidable, or terminate it except as herein provided. Lessee hereby waives any rights he may have under the provisions of Section 1932(2) and 1933(4) of the Civil Code. If the premises are partially destroyed during the term of this lease, lessor shall repair them, when such repairs can be made in conformity with local, state and federal laws and regulations, within 60 days of the partial destruction. Rent of the premises will be reduced proportionally to the ex- tent to which the repair operations interfere with lessee`s business conducted on the premises. If the repairs cannot be so made within the time limited, lessor has the option to make them within a reasonable time and continue this lease in effect with proportional rent rebate to lessee as provided for herein. If the repairs cannot be so made in 120 days, and if lessor does not elect to make them within a reasonable time, either party hereto has the option to terminate this lease. XII. LESSOR'S ENTRY FOR INSPECTION AND MAINTENANCE: Lessor reserves the right to enter on the premises at -5- 0 reasonable times to inspect them, or to perform required main- tenance and repair, and lessee agrees to permit lessor to do so. XIII. LESSEE TO CARRY LIABILITY INSURANCE: Lessee agrees to procure and maintain in force durinq the term of this lease and any extension thereof, at his expense, public liability insurance adequate to protect against liability for damage claims through public use of or arising out of accidents occurring in or around the leased premises. XIV. LESSOR TO CARRY FIRE AND CASUALTY INSURANCE: Lessor agrees to procure and maintain in force during the term of this lease and any extension thereof, at his ex- pense,fire and casualty insurance on the premises, insuring the improvements for their full value. XV. LESSEE'S ASSIGNMENT, SUBLEASE, OR LICENSE FOR OCCUPATION BY OTHER PERSONS: Lessee agrees not to assign or sublease the premises leased, any part thereof, or any right or privilege connected therewith, without first obtaining lessor's written consent, or to allow any other person, except lessee's agents and employees, to occupy the premises or any part thereof, without first obtaining lessor's written consent. One consent by lessor shall not be a consent to a subsequent assignment, sublease, � or occupation by other persons. XVI. MANNER OF GIVING NOTICE: Notices given pursuant to the provisions of this lease, or necessary to carry out its provisions, shall be in writinq, and delivered personally to the person to whom the notice is to be given, or mailed postage prepaid, addressed to such per- son. Lessor's address for this purpose shall be 73 141 Grape- vine, Palm Desert, California 92260, or such other address as he may in writing designate to lessee. Notices to lessee may be addressed to The City of Palm Desert, 45 275 Prickly Pear Lane, Palm Desert, California 92260. XVII. EFFECT OF LESSOR'S WAIVER: Lessors waiver of breach of one term, covenant, or condi- tion of this lease is not a waiver of breach of others, nor of subsequent breach of the one waived. Lessor's acceptance of rent installments after breach is not a waiver of the breach, except of breach of the covenant to pay the rent in- stallment or installments accepted. XVIII. TIME OF ESSENCE: Time is of the essence herein. XIX. ALTERATIONS: Lessor hereby grants lessee the right to make improvements �C . � and modifications upon the premises, after the plans for such have been approved by lessor, and lessee shall have 60 days to complete said improvements. The lease payments shall riot be- come due until the premises are occupied by lessee after modi- fications are completed, or 60 days from the time lessee be- gins modifications, whichever comes first. Lessee agrees to pay any increase in real property taxes due to said modifica- tions or improvements. In the event said improvements are not completed as shown on the plans submitted, and lessee does not exercise the option provided for above, lessee agrees to repay lessor, upon his retaking possession of the property, the cost of completing the alterations and modifications, as shown on the plans. _� Dated : �, �� �� ` , j / � �� RAL PEPPER, / X.,ESSOR THE CITY OF'i�PALT4 SE T , /..� �? , BY : �- / LFSSEE % „/ L � �� ✓� � f � , G' :