HomeMy WebLinkAboutApproval of Aquatic Center DesignCITY OF PALM DESERT
DEVELOPMENT SERVICES
STAFF REPORT
REQUEST: Approval of the Aquatic Center Design
SUBMITTED BY: Janis Steele, Parks and Recreation Services Manager
Martin Alvarez, Redevelopment Manager
DATE: September 13, 2007
CONTENTS: 1. Proposed Aquatic Center Design
2. Lease Agreement Between the City of Palm Desert and the
College of the Desert
Recommendation:
By Minute Motion:
1. Approve the attached aquatic center conceptual design,
2. Authorize Ruhnau, Ruhnau, Clarke to develop construction documents
based on attached design, and
3. Authorize the City Manager to execute a joint use agreement with the
College of the Desert for construction and operation of a City Aquatic Center.
Executive Summary:
Ruhnau, Ruhnau, Clarke developed a new design for an aquatic center to be constructed
at the College of the Desert (COD) site, based on direction received from the City Council
in a meeting on April 26, 2007. Staff is recommending that the City Council approve the
attached design, authorize Ruhnau, Ruhnau, Clarke to begin construction documents for
the project and authorize the City Manager to execute a joint use agreement with COD.
Representatives from COD have reviewed and approved the conceptual design as
presented.
Discussion:
On October 27, 2005, the City Council approved a conceptual design for an aquatic center,
identified the College of the Desert (COD) as the site for an aquatic center, and authorized
Staff to proceed with a request for proposals (RFP) for preliminary design of an aquatic
facility based on this design. Staff was also directed to work with COD staff in formalizing
a joint use agreement.
Ruhnau, Ruhnau, Clarke was selected and awarded a contract to provide design and
construction support services for the aquatic center project on February 23, 2006.
Staff Report
Approval of the Aquatic Center Design
Page 2 of 2
September 13, 2007
After the City Council rejected the proposed conceptual design presented on February 22,
2007, Staff was directed to return to the Parks and Recreation Commission to consider
other design options.
At the April 26, 2007, City Council meeting, Staff was directed to:
1) Permanently discard the aquatic center concept that included lazy river and surf
rider features, and
2) Return to the City Council with a recommendation to provide the best pool
configuration and number of pools to provide a three -function pool facility that will
accommodate teaching small children to swim, have a competition lap pool,
possibly diving, and/or a water polo area, if warranted.
The current design addresses all of these issues. The large pool is 50-meters x 25-yards,
and can accommodate competitive swimming at all levels, diving, water polo, and also
provides for programming of various activities at one time. The second pool is a zero -depth
entry pool (for children) that attaches to a 4 lane, 25-yard pool that is 3' x 4'6", to allow for
water exercise, swimming lessons and other various activities. This pool would be kept at
a warmer water temperature that is more attractive to children, lessons and exercise
classes. There is also a small therapy pool/spa included.
The estimated total construction cost is $9,977,077. This includes construction at
$8,660,979, a contingency of $866,098, and tests, inspections, furniture, fixtures and
equipment at $450,000. The total annual operating cost is expected to be $1,447,884.
Staff recommends that the City Council approve the aquatic center design as presented,
authorize Ruhnau, Ruhnau, Clarke to proceed with construction documents, and authorize
the City Manager to execute a joint use agreement with COD for the aquatic center
construction and operation.
Submitted By:
is Steele
'ark and Recreation Services Manager Redevelopment Manager
Depa ► ent Head
Homer Croy
ACM for Develo • "' - nt Services
Approval:
'4
Carlos L. 0
City Manager
Martin Alvarez
Paul Gibson
Director of Finance
REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 13, 2007
OLD BUSINESS
B. REQUEST FOR APPROVAL OF THE PALM DESERT AQUATIC COMPLEX
DESIGN AND RELATED ACTIONS.
Rec:
horize Ruhnau, RuhrratelerkeRiversiefeT
ealifernieTto-develorreartstrttction dvc
design; 3) authoriza r to execute a Jove Us—
Agi a nent with-CoIIog. c of the Doscrt
of a City Aquatic Center (Contract No. C2G270).
Action: *By Minute Motion, asked staff to review and work with the
architects to incorporate the comments made at this
meeting, i.e., Lazy River component that is scaled back
from the first proposal, and return to the City Council for
consideration. 3-2 (Benson, Finerty NO)
'2ITY COUNCIL ACTION:
APPROVED DENIED
RECEIVED . OTHER 4s' d s'R4
MEETING DATE -- /., (Y/
AYES: r501 Bah
NOES. Nei
ASSENT:
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1
GROUND LEASE
between
CITY OF PALM DESERT,
a California municipal corporation
("Tenant")
and
DESERT COMMUNITY COLLEGE DISTRICT,
a community college district
("Landlord ")
, 2006
TABLE OF CONTENTS
PAGE
1. Lease of Property.................................................................................................... 1
2. Term of Lease; Possession...................................................................................... 1
2.1 Term.................................................................................................................. 1
2.2 Possession......................................................................................................... 1
3. Rent......................................................................................................................... 1
3.1 Base Rent.......................................................................................................... 1
3.2 Place for Payment............................................................................................. 2
4. Utilities.................................................................................................................... 2
5. Net Lease ................................................................................................................ 2
6. Use; Hazardous Materials; Compliance with Laws; Inspection............................. 2
6.1 Use of Property................................................................................................. 2
6.2 Hazardous Materials......................................................................................... 2
6.3 Inspection.......................................................................................................... 4
7. Construction and Installation of Improvements; Landlord's Contributions and
Rights of Use 5
7.1 The Improvements............................................................................................ 5
7.2 Construction Contracts...................................................................................... 5
7.3 Review of Plans and Permits............................................................................ 5
7.4 Compliance with Law and Quality................................................................... 5
7.5 Notices of Nonresponsibility ............................................................................ 5
7.6 Liens.................................................................................................................. 5
7.7 Ownership of Improvements............................................................................. 5
7.8 Financial Contributions by Landlord; Rights of Use; Parking ......................... 6
7.9 Other Financing of the Improvements.............................................................. 6
i
8. Maintenance and Repairs........................................................................................ 6
8.1 Maintenance by Tenant..................................................................................... 6
8.2 Requirements of Governmental Agencies........................................................ 7
8.3 Tenant's Duty to Restore Property ................................................................... 7
8.4 Application of Insurance Proceeds................................................................... 7
8.5 Landlord's Rights of Entry............................................................................... 7
9. Indemnity................................................................................................................ 7
9.1 Landlord's Indemnity........................................................................................ 7
9.2 Tenant's Indemnity........................................................................................... 8
l0. Insurance................................................................................................................. 8
10.1 Liability Insurance............................................................................................ 8
10.2 Increase in Insurance Coverage........................................................................ 8
10.3 Fire and Casualty Insurance.............................................................................. 8
10.4 Deposit of Insurance with Landlord ................................................................. 8
10.5 Notice of Cancellation of Insurance ................................................................. 8
10.6 Unavailability of Coverage............................................................................... 8
11. [Intentionally Omitted.] .......................................................................................... 9
12. Assignment and Subletting .................................................................................... 9
12.1 Landlord's Consent Required........................................................................... 9
12.2 Additional Provisions Regarding Assignment and Subletting..........................9
13. Default and Remedies........................................................................................... 10
13.l Events of Default............................................................................................ 10
13.2 Remedies......................................................................................................... 11
13.3 Landlord's Performance of Tenant's Obligations........................................... 12
13.4 Remedies Cumulative..................................................................................... 13
ii
13.5 Waiver of Breach............................................................................................ 13
14. Miscellaneous ....................................................................................................... 13
14.1 Tenant's Duty to Surrender Property.............................................................. 13
14.2 Holding Over .................................................................................................. 13
14.3 Survival........................................................................................................... 13
14.4 Force Majeure; Delays.................................................................................... 13
14.5 Interest on Overdue Payments........................................................................ 14
14.6 Attorneys' Fees............................................................................................... 14
14.7 Discrimination................................................................................................. 14
14.8 Subordination; Attornment; Non-Disturbance................................................ 15
14.9 Reservations by Landlord............................................................................... 15
14.10 Authority................................................................................................... 16
14.11 Jurisdiction and Governing Law............................................................... 16
14.12 Quiet Enjoyment....................................................................................... 16
14.13 Notices ...................................................................................................... 16
14.14 Binding on Heirs and Successors.............................................................. 18
14.15 Time of Essence........................................................................................ 18
14.16 Memorandum of Lease............................................................................. 18
14.17 Counterparts.............................................................................................. 18
14.18 PartialInvalidity........................................................................................ 18
14.19 Entire Agreement...................................................................................... 18
14.20 Amendments............................................................................................. 18
14.21 Construction of Lease............................................................................... 1$
14.22 Effect of Delivery ..................................................................................... 19
14.23 Landlord's Consents, Approvals and Other Acts ..................................... 19
iii
EXHIBIT"A" DESCRIPTION OF PROPERTY ............................................................. 1
EXHIBIT "B" DESCRIPTION OF THE IMPROVEMENTS.......................................... 1
EXHIBIT "C" FORM OF MEMORANDUM OF GROUND LEASE............................. 1
TABLEOF CONTENTS.....................................................................................................i
iv
GROUND LEASE AND AGREEMENT TO CONSTRUCT
THIS GROUND LEASE AND AGREEMENT TO CONSTRUCT (the "Lease") is
dated for reference purposes and entered into as of , 2006, by and between the CITY
OF PALM DESERT, a California municipal corporation ("Tenant"), and DESERT
COMMLTNITY COLLEGE DISTRICT, a community college district, duly organized and validly
existing under the laws of the State of California(otherwise known as the COLLEGE OF THE
DESERT) ("Landlord").
Recitals
A. Landlord owns the land more particularly described in Exhibit "A"
attached hereto (the "Pro ert ").
B. On the terms and conditions set forth in this Lease, Tenant desires to lease
the Property from Landlord, and construct certain improvements thereon, and Landlord requires
Tenant to construct such improvements.
NOW THEREFORE, in consideration of the mutual promises contained herein,
Landlord and Tenant agree as follows:
1. Lease of Property. Landlord hereby leases the Property to Tenant, and Tenant
hereby leases the Property from Landlord, upon and subject to the terms and conditions
contained in this Lease. In addition, Landlord shall provide parking in accordance with the Joint
Use Parking Agreement entered into between Landlord and Tenant of even date herewith (the
Parking Agreement").
2. Term of Lease; Possession.
2.1 Term. The term of this Lease (the "Term") shall commence on the date of
this Lease and continue for a period of fifty (50) years from such date. Thereafter, Tenant shall
have five (5) successive options (each, an"Option") to extend the Term for an additional ten (10)
years each, provided that: (i) Tenant notifies Landlord in writing not less than six (6) months
prior to the then-scheduled expiration of the Term and (ii) Tenant shall not be in default under
the Lease at the time it exercises an Option.
2.2 Possession. Tenant shall be entitled to take possession of the Property
upon the commencement of the Term. Tenant acknowledges that Tenant has inspected the
Property and Tenant accepts the Property in its existing condition, "AS IS", without
representation or warranty (express or implied) and subject to all defects and conditions, whether
patent or latent, and subject fizrther to all legal requirements such as t�es, assessments, zoning,
use permit requirements and building codes, based solely on Tenant's own inspection, analysis
and evaluation and not in reliance on any information provided by or on behalf of Landlord.
3. Rent.
3.1 Base Rent. As used in this Lease, the term "Lease Year" means each
twelve (12) month period during the Term beginning on the date of this Lease, or on any
P6402-0001\926819.1
anniversary thereof. Tenant shall pay to Landlord, without prior notice or demand and without
abatement, deduction, offset or credit, as minimum base rent for the Properiy ("Base Rent"), in
lawful money of the United States at the time of payment, the sum of One Dollar($1.00) for
each Lease Year. The Base Rent for each Lease Year shall be payable to Landlord in advance.
3.2 Place for Pa,�nt. All Base Rent, utility charges and other sums, if any,
that become payable to Landlord under this Lease (collectively, "Rent") shall be paid to
Landlord on or before the due date in lawful currency of the United States at Landlord's offices
located at 43 - 500 Monterey Avenue Drive, Palm Desert, California 92260, Attention:
, or at any other place or places that Landlord may designate by written notice to
Tenant.
4. Utilities. Tenant shall obtain, at Tenant's expense, all electricity, gas, potable
water, fire suppression water, sewer, waste water services and other utilities needed to operate
the Improvements (as hereinafter defined) during the Term.
5. Net Lease. This Lease is a"net-net" lease; all Rent shall be paid to Landlord
absolutely net of all costs and expenses, except to the extent otherwise expressly provided in this
Lease. Without limiting the generality of the foregoing, Tenant shall be responsible for all
aspects of maintaining and operating the Property and the Improvements, including all char�es
for gas, electricity, telephone service, water, sewer service, trash removal and other utilities and
services furnished to the Property during the Term, subject to the provisions of Sections 4 and 7.
Tenant shall indemnify and hold Landlord's property, including the Property and any
improvements now or hereafter on the Property, free and harmless from any liability, loss, or
damage resulting from any taxes, assessments, or other charges required by this Lease to be paid
by Tenant and from all interest, penalties, and other sums imposed thereon and from any sales or
other proceedings to enforce collection of any such taxes, assessments, or other charges.
6. Use; Hazardous Materials; Compliance with Laws; Inspection.
6.1 Use of Property. Tenant may use the Property for the development,
construction, operation and maintenance of the Improvements; provided, however, that:
(a) Tenant shall not use or permit the Property or any portion of the Property to be improved,
developed, used, or occupied in any manner or for any purpose that is in any way in violation of
any federal, state or local law, ordinance, or regulation; and (b) Tenant shall not maintain,
commit or permit the maintenance or commission of any unreasonable fire or health hazards, or
any nuisance, as now or hereafter defined by any statutory or decisional law applicable to the
Property, on the Property or any part of the Property.
6.2 Hazardous Materials.
(a) Definitions.
"Hazardous Materials" shall mean any substance that now or in the future requires
investigation or remediation under, or is regulated or defined as a hazardous waste or hazardous
substance, by any governmental authority or instrumentality or any law, regulation, rule or order,
or any amendment thereto, including, without limitation, the Comprehensive Environmental
P6402-000 I\926819.1 -2-
Response Compensation and Liability Act, 42 U.S.C. § 9601 et sey. and the Resource
Conservation and Recovery Act, 42 U.S.C. § 9601 et seq.
"Environmental Requirements" shall mean all present and future governmental laws,
regulations, rules, orders, permits, licenses, approvals, authorizations and other requirements of
any kind applicable to Hazardous Materials.
"Handle," "Handled" or"Handlin�" shall mean any installation, handling, generation,
storing, treatment, use, disposal, discharge, release, manufacture, refinement, emission,
abatement, removal, transportation, presence or migration of any Hazardous Materials brought
on the Property by Tenant or Tenant's Representatives.
"Tenant's Representatives" shall mean all Tenant's officers, employees, contractors and
representatives.
(b) Landlord's Consent to Handlin� of Hazardous Materials. Landlord
hereby consents to Tenants use of the following: (i) Hazardous Materials normally and
customarily used in the development, construction and operation of a swimming facility that are
used, stored, transported and disposed of in accordance with all applicable laws, and (ii) minor
quantities of Hazardous Materials normally and customarily used by operators of swimming
facilities and that are used, stored, transported and disposed of in accordance with all applicable
laws.
(c) Delivery of Certain Documents to Landlord. Prior to
commencement of construction, Tenant shall deliver to Landlord copies of all permits,
authorizations, plans and reports, and supporting documentation therefor, including any
Hazardous Materials management plan, which are required by law or by any governmental
authority with respect to Tenant's use or proposed use of the Property, including any Handling of
Hazardous Materials. Tenant's and Tenant's Representatives' Handling of all Hazardous
Materials shall comply at all times with all Environmental Requirements and Tenant shall, at its
own expense, promptly take all actions required by any governmental authority in connection
with Tenant's or Tenant's Representatives Handling of Hazardous Materials at or about the
Property.
(d) Additional Delivery Requirements. Tenant shall deliver to
Landlord prior to delivery to, or promptly after receipt from, any governmental authority or other
person or entity copies of all permits, manifests, closure or remedial action plans, notices,
investigations, inquiries, claims, citations, summons, complaints, writs, orders and all other
communications or documents relating to (i) the Handling of Hazardous Materials at or about the
Property, or(ii) the actual, alleged or threatened violation of Environmental Requirements. Any
communications, written or oral, regarding any release, discharge, emission or any other
occurrence posing an imminent threat of damage or contamination to the Property or the
environment shall be delivered or, if oral, communicated, to Landlord within tcn (l0)days after
receipt.
P6402-0001\926819.1 -3-
(e) Tenant Responsibility for Performance. Tenant shall be
responsible and liable for the compliance with all of the provisions of this Section 6.2 by
Tenant's Representatives.
(� Discharge of Liens. Tenant shall discharge and remove at its own
expense, by bond or otherwise, all liens or charges of any kind filed or recorded against the
Property in connection with Tenant's or Tenant's Representatives' Handling of Hazardous
Materials, within ten(10) business days after the filing or recording of such lien or charge, and if
Tenant fails to do so, Landlord shall have the right, but not the obligation, to remove the lien or
charge at Tenant's expense in any manner Landlord deems reasonably expedient.
(g) Landlord's Ri�ts. Landlord and its representatives and
consultants shall have the right, but not the obligation, to enter the Property at any reasonable
time upon two (2) business days prior notice (except in the case of an emergency) (i)to confirm
Tenant's compliance with the provisions of this Section 6.2, including the right to physically
investigate the condition of the Property and review all permits,reports, plans, and other
documents regarding the Handling of Hazardous Materials, and(ii)to perform Tenant's
obligations under this Section 6.2 if Tenant has failed to timely do so. Tenant shall pay the costs
of Landlord's consultants' fees and all other costs incurred by Landlord pursuant to clause (i)
above if such investigation is undertaken because Tenant has failed to provide full and complete
information regarding any release, dischazge or other Handling of Hazardous Materials and shall
pay, in any case, all such costs incurred pursuant to clause (ii) above. Landlord shall use
reasonable efforts to minimize any interference with Tenant's use of the Property by Landlord's
entry into the Property.
(h) Release of Hazardous Materials. In the event of any release,
discharge or other event caused or contributed to by the acts or omissions of the Tenant or
Tenant's Representatives which poses a threat of damage or contamination to the Property,
whether discovered by Landlord or Tenant, Tenant shall fully document the facts relating to the
event, including the circumstances existing prior to and after the occurrence of the event, the
precise nature of the release, dischaxge or event, including specific compounds and quantities
involved, and all actions Tenant has taken and will take to remediate the release, discharge or
event. Tenant shall provide such documentation to Landlord promptly after the occurrence in
question.
6.3 Inspection. Landlord's consultants shall have the right, but not the
obligation, to enter into the Property at any time, in the case of an emergency, and otherwise at
reasonable times, for the purpose of(a) inspecting the condition of the Property and reviewing all
permits, reports, plans and other documents regarding the Handling of Hazardous Materials,
(b) verifying compliance by Tenant with this Lease and (c) performing Tenant's obligations
under Section 6.2 if Tenant has failed to timely do so. The cost of any such inspections shall be
paid by Landlord, unless a contamination is found to exist or be imminent, or the inspection is
requested or ordered by a governmental authority. In such case, Tenant shall upon request
reimburse Landlord for the reasonable cost of such inspections, so long as such inspection is
reasonably related to the violation or contamination.
P6402-0001\926819.1 -4-
7. Construction and Installation of Improvements: Landlord's Contributions and
Ri�hts of Use.
7.1 The Improvements. Tenant shall cause to be performed all work required
to construct, repair and refurbish the improvements as described in Exhibit"B" (the
"Improvements").
7.2 Construction Contracts. All work on the Improvements shall be
performed only by competent and qualified contractors duly licensed under the laws of the State
of California pursuant to written contracts with such contractors. Tenant shall use its best efforts
to enter into a general construction contract for the Improvements (the "General Construction
Contract") requiring the general contractor to cause the Improvements to be performed in a
manner and timeframe consistent with the terms of this Lease for a guaranteed maximum price.
Tenant shall require that such contractor furnish 100 percent performance and payment bonds
issued by a licensed corporate surety on terms and conditions and in amounts reasonably
satisfactory to Landlord.
7.3 Review of Plans and Permits. Landlord hereby represents and warrants
that the construction of the Improvements shall not require approval by the State Architect.
Tenant shall provide the basic concept and schematic design drawings to Landlord for
Landlord's review and approval, which shall not be unreasonably withheld. If Landlord does not
respond within fifteen (15) days of receiving the drawings, such approval shall be deemed
granted.
7.4 Compliance with Law and Ouality. Tenant shall cause the construction of
the Improvements and any other construction, alterations, additions, installations, repairs and
refurbishment at any time undertaken on or in the Property to be performed (a) in a workmanlike
manner with only new and high quality building materials, (b) in compliance with all applicable
building codes and other applicable laws, ordinances, regulations, and orders of all federal, state,
county, and local governmental agencies or entities having jurisdiction over the Property, and
(c) in compliance with all applicable insurance requirements.
7.5 Notices of Nonresponsibili�. Landlord shall, at any and all times during
the Term, have the right to post and maintain on the Property and to record as may be required
by law, or as otherwise reasonably determined to be appropriate by Landlord, any notice or
notices of nonresponsibility. Tenant shall give Landlord not less than thirty (30) days' written
notice prior to the commencement of any Improvements (including site preparation work) or the
delivery of building materials to the Property.
7.6 Liens. At all times during the Term, Tenant shall keep the Property and
all building and improvements now or hereafter located on the Property free and clear of all liens
and claims of liens for labor, services, materials, supplies, or equipment performed on or
furnished to the Property.
7.7 Ownership of Improvements. Any and all buildings and improvements,
including but not limited to the Improvements, placed or constructed on the Property as well as
any and all other alterations, additions, improvements and fixtures made or placed in or on the
P6402-0001\926819.1 -5-
Property by Tenant shall be owned by Tenant until the expiration or any earlier termination of
this Lease, shall be considered part of the real property of the Property, and shall remain on the
Property and, without compensation to Tenant, on the expiration or any earlier termination of
this Lease shall become the sole property of Landlord free and clear of all claims to or a�ainst
them by Tenant or any third party. Tenant shall not remove any improvements from the
Property, commit or permit any waste, or destroy or modify any improvements on the Property
except as expressly permitted by this Lease.
7.8 Financial Contributions by Landlord; Ri�hts of Use; Parki�
(a) Construction Contribution. Landlord will contribute $ [xxxx to
be determined] toward the construction of the Improvements. Payment shall be made prior to
start of construction of the Improvements.
(b) Maintenance Contribution. Landlord will reimburse the Tenant a
percentage of the annual maintenance costs based on Landlord's actual usage of the
Improvements (the "Landlord Maintenance Contribution"). The Landlord Maintenance
Contribution shall be calculated based upon the Landlord-approved usage schedule (submitted
each fiscal year) in relation to total annual operating hours for the Improvements, and payment of
the Landlord Maintenance Contribution shall be made to Tenant Quarterly on or before January
1, April 1, July 1 and October 1 of each year.
(c) Use of Facilitv. Landlord will be granted use of the
Improvements, Monday thru Friday, 8:00 a.m. to 12:00 p.m., during the regular school year,
excluding summers. Landlord shall submit a projected usage schedule for Tenant's review and
approval on or before July 1 of each year. Landlord shall reimburse the Tenant for the cost to
provide lifeguard supervision during the approved usage periods.
(d) Parking Agreement. As described more particularly in the
Parking Agreement: (i) Landlord has agreed to dedicate fifty (50) parking spaces adjacent to the
Improvements, exclusively for users of the pool in the Impravements on a year round basis; and
(ii)the remainder of the parking spaces located on Lot , shall be joint use parking only
during summers (June 1-August 31) and during non-peak periods with prior written approval by
the Landlord.
7.9 Other Financin�of the Im�rovements. Landlord and Tenant further agree
to negotiate in good faith such amendments to this Lease as may be reasonably necessary to
accommodate lending transactions or the issuance of bonds to finance the construction of the
Improvements.
8. Maintenance and Repairs.
8.1 Maintenance by Tenant. Subject to the provisions of Section 8.2
(Requirements of Governmental Agencies), at all times during the Term, Tenant shall, at
Tenant's own cost and expense, keep and maintain the Property and the Improvements
(including all interior, exterior, landscaped areas, systems, equipment, facilities, driveways,
parking lots, fences, and signs) in good order,condition and repair. Tenant's maintenance
obligations shall include restorations, replacements and renewals when necessary to keep the
P6402-0001\926819.1 -6-
Property and the Improvements in good order, condition and repair. Tenant shall, during the
Term, keep the exterior appearance of the Improvements in a first-class condition consistent with
the exterior appearance of other similar facilities of comparable age and size in the vicinity,
including, when necessary, exterior repainting. In keeping the Property and the Improvements in
good order, condition and repair, Tenant shall exercise and perform good maintenance practices,
specifically including the procurement and maintenance at Tenant's expense of service contracts
for HVAC equipment, any boiler and pressure vessels, fire protection systems, landscaping and
irrigation systems, the roof and drains, and asphalt and parking lots, each with a contractor
specializing and experienced in the maintenance of the applicable equipment or improvements.
Tenant's maintenance obligations under this Section 8.1 shall not be construed as limiting any
right or requirement expressly provided for elsewhere in this Lease for Tenant to alter, modify,
demolish, remove or replace any improvement. No deprivation, impairment or limitation of use
resulting from any event or work contemplated by this Section 8.1 shall entitle Tenant to any
offset, abatement or reduction in rent nor to any termination or extension of the Term.
8.2 RecLuirements of Governmental A eg�ncies. At all times during the Term,
Tenant shall, at Z'enant's own cost and expense:
(a) make all alterations, additions, or repairs to the Property and the
Improvements required by any law, ordinance, statute, order, or regulation now or hereafter
made or issued by any federal, county, local, or other governmental agency or entity; and
(b) observe and comply with all laws, ordinances, statutes, orders, and
regulations now or hereafter made or issued respecting the Property and the Improvements by
any federal, county, local, or other governmental agency or entity.
8.3 Tenant's Dutv to Restore Propertv. Should, at any time during the Term,
any buildings or improvements now or hereafter on the Property be destroyed in whole by fire,
theft, the elements, or any other cause not the fault of Landlord, Tenant shall, at Tenant's own
cost and expense, restore the Property to its original condition prior to the construction of the
Improvements.
8.4 Application of Insurance Proceeds. Any and all fire or other insurance
proceeds that become payable at any time during the Term because of damage to or destruction
of the Improvements or any other buildings or structures on the Property shall be paid to Tenant.
8.5 Landlord's Rights of Entrv. Landlord and Landlord's agents shall have
the right to enter at reasonable hours after prior notice of the time and place of entry into and
upon said portions of the Property as necessary for the purpose of ascertaining that the
improvements on the Property are kept and maintained in good condition and repair as provided
for in this Section 8 and that the terms of this Lease are observed. Not withstanding the
foregoing, Landlord must be accompanied by a representative of Tenant.
9. Indemnitv.
9.1 Landlord's Indemnitv. Landlord agrees to defend, indemnify and hold
Tenant and its officers, directors, employees, agents and affiliates and their respective assets free
and harmless against and from any and all liahilities, claims, losses, damages, and expenses
P6402-000 I\926819.1 -7-
(including attorneys' fees and court costs) resulting from or arising out of(a) Landlord's
intentional misconduct or negligence in its performance hereunder, and (b) Landlord's failure to
perform any of I,andlord's obligations under this Lease when and as required by the terms
hereof.
9.2 Tenant's Indemnitv. Tenant agrees to defend, indemnify and hold
Landlord and its officers, directors, employees, agents and affiliates and their respective assets
harmless against and from any and all liabilities, claims, losses, damages, and expenses
(including attorneys' fees and court costs) resulting from or arising out of(a) Tenant's
intentional misconduct or negligence in its performance hereunder, and (b) Tenant's failure to
perform any of Tenant's obligations under this Lease when and as required by the terms hereof.
10. Insurance.
10.1 Liability Insurance. Tenant shall, at Tenant's own cost and expense,
maintain comprehensive liability protection that provides indemnity and defense for the Tenant
against loss or liability caused by or connected with Tenant's occupation, use, disuse, or
condition of the Property under this Lease. Landlord shall be added as an additional protected
party on the Tenant's coverage program for this particular property.
10.2 Increase in Insurance Covera�;e. Not more frequently than each three
years, if, in the reasonable opinion of Landlord, the amount of public liability and property
insurance coverage at that time is not adequate, Tenant shall increase the insurance coverage as
reasonably required by Landlord.
10.3 Fire and Casualty Insurance. Tenant shall, at Tenant's own cost and
expense, at all times during the Term, keep the Improvements, Tenant's personal property and
other structures on the Property, as well as any and all additions thereto, insured for their full
replacement value against loss or destruction by fire and the perils commonly covered under the
standard extended coverage endorsement to fire insurance policies in the geographic area in
which the Property are located. Any proceeds received because of a loss covered by such
insurance shall be used and applied in the manner required by Section 8. During the construction
of the Improvements, the tenant shall have course of construction, vandalism, and malicious
mischief coverage insuring the Improvements during construction and all materials delivered to
the Property for their full replacement value.
10.4 Deposit of Insurance with Landlord. Tenant shall deliver to Landlord
evidence of coverage concurrently with Tenant's execution of this Lease and promptly thereafter
when any such policy is replaced, rewritten or renewed.
10.5 Notice of Cancellation of Insurance. Each insurance policy required by
this Section 10 shall contain a provision that it cannot be cancelled or materially changed for any
reason unless thirty (30) days' prior written notice of such cancellation or change is given to
Landlord in the manner required by this Lease for service of notices on Landlord by Tenant.
10.6 Unavailabilit�of Covera�e. Notwithstanding anything to the contrary
contained in this Section 10, should insurance coverage meeting all the requirements set forth in
this Section 10 be unavailable due to circumstances beyond the control of Tenant,Tenant and
P6402-0001\926819.1 -8-
Landlord shall agree as to substitute coverage which shall to the greatest extent possible meet the
requirements set forth in this Section 10, provided that any substitute coverage shall not be less
than insurance coverage available to and actually obtained for comparable facilities in the State
of California.
11. IIntentionally Omitted.]
12. Assi�,nment and Subletting.
12.1 Landlord's Consent Required. Tenant shall not voluntarily or by
operation of law assign, encumber or otherwise transfer the Leasehold Estate (as hereinafter
defined)or any right or interest in this Lease or the Property, or permit all or any poRion of the
Property to be occupied by anyone other than Tenant, or sublet all or any part of the Property, or
enter into any material amendment of a sublease without the express prior written consent of
Landlord, which consent shall not be unreasonably delayed or withheld. Any such assignment or
subletting without the prior written consent of Landlord, whether voluntary or involuntary, by
operation of law or otherwise, shall be void and shall constitute an Event of Default. A consent
by Landlord to any one assignment or subletting shall not be deemed to be a consent to any
subsequent assignment or subletting. Without limiting the matters that may be considered by
Landlord in determining whether to consent to any requested assignment or subletting, Landlord
may take into account the proposed assignee's or subtenant's financial strength and ability to
perform all of the obligations of Tenant under this Lease. No assignment of this Lease shall be
effective unless and until the proposed assignee shall have executed and delivered to Landlord a
written agreement in form and content satisfactory to Landlord pursuant to which the proposed
assignee shall assume and agree to perform when due all of Tenant's obligations under this
Lease, at which time the Tenant shall be released from all of its obligations under this Lease.
12.2 Additional Provisions Re�Lardin 7�,Assi�nment and Subletting.
(a} Each request for consent to an assignment or subletting shall be in
writing, accompanied by information relevant to Landlord's determination as to the financial and
operational responsibility and appropriateness of the proposed assignee or sublessee, including
the intended use and/or required modification of the Property, if any. Tenant agrees to provide
Landlord with such other or additional information and documentation as may be reasonably
requested.
(b) Landlord may accept rent or performance of Tenant's obligations
from any person other than Tenant pending approval or disapproval of an assignment. Neither a
delay in the approval or disapproval of such assignment nor the acceptance of rent or
performance shall constitute a waiver or estoppel of Landlord's right to exercise its remedies for
Tenant's default.
(c) Landlord's consent to any assignment or subletting shall not
constitute a consent to any subsequent assignment or subletting.
(d) Following any assignment of this Lease, the assigning Tenant shall
be fully released from the performance and observance of all obligations of the "Tenant" under
this Lease, as it may be amended from time to time.
P6402-0001\926819.1 -9-
(e) Any assignee of this Lease shall, by reason of accepting such
assignment or entering into such sublease, be deemed to have assumed and agreed to conform
and comply with each and every term, covenant, condition and obligation herein to be observed
or performed by Tenant during the term of said assignment, other than such obligations as are
contrary to or inconsistent with provisions of an assignment to which Landlord has specifically
consented to in writing.
(� No assignee shall have a right further to assign or sublet without
complying with this Section 12.
(g) Any payments and other economic consideration received by
Tenant (whether before or after the date of such adjustment) as a result of any assignment shall
be retained by Tenant.
(h) The term of any sublease shall not extend beyond the Term.
(i) Each sublease shall by its own terms be expressly subject to all of
the terms, covenants and conditions of this Lease.
(j) Each sublease shall contain a provision, satisfactory to Landlord,
that upon the termination of this Lease for any reason, at Landlord's election either(i) the
sublease shall terminate or(ii)the sublessee shall attorn to Landlord and pay rent and perform all
of the other obligations of the sublessee under its sublease directly to Landlord.
(k) Each sublease shall contain a provision, satisfactory to Landlord,
prohibiting the payment of rent more than three months in advance.
(1) Promptly after execution of any sublease or an amendment to any
sublease, Tenant shall deliver to Landlord a complete and correct copy of the fully executed and
effective sublease or amendment, including all exhibits and attachments.
(m) Upon the occurrence of any Event of Default under this Lease,
Landlord may, at its option, require sublessee to attorn to Landlord, in which event Landlord
shall undertake the obligations of the sublessor under such sublease from the time of the exercise
of said option to the expiration of such sublease; provided, however, that Landlord shall not be
liable for any prepaid rent or security deposit paid by such sublessee (except to the extent
actually paid over to Landlord) or for any prior defaults of such sublessor.
13. Default and Remedies.
13.1 Events of Default. Any of the following events shall constitute an "Event
of Default" under this Lease:
(a) Tenant fails to make any payment of money called for by any
provision of this Lease (whether to Landlord or any third party) when due, or to provide
reasonable evidence of any insurance or bond required by the terms of this Lease, or to fulfill any
other obligation under this Lease that, by not being fulfilled, endangers or threatens life or
P6402-0001\926819.1 -10-
property, where such failure continues for a period of twenty (20) business days following
written notice to Tenant; or
(b) Tenant fails to perform fully and when due any of its other
covenants, conditions or obligations under this Lease and after written notice from Landlord
specifying the nature of such failure of Tenant, Tenant (i) does not immediately commence
taking all necessary and appropriate actions to remedy such failure, or(ii) does not thereafter
diligently and continuously pursue all such remedial actions, or(iii) does not fully cure such
failure within the minimum period of time reasonably required under the circumstances to
achieve a cure, which minimum period shall be at least thirty (30) days after Landlord's written
notice of such failure, in any event within ninety (90) days after Landlord's written notice of
such failure, time being strictly of the essence; provided, however, that Tenant shall not be
entitled to cure the breach of any covenant that is non-curable; or
(c) any voluntary or involuntary assignment, transfer, encumbrance or
subletting of this Lease occurs in violation of Section 11 or Section l 2; or
(d) any material statement or disclosure made by Tenant to Landlord
in order to induce Landlord to enter into this Lease is false or misleading; or
(e) Tenant fails or has failed to disclose any material fact which may
tend to adversely affect, or which may have tended to adversely affect, Landlord's decision to
enter into this Lease; or
(� any right or interest of Tenant is subjected to attachment,
execution, or other levy, or to seizure under legal process, which is not released within thirty (30)
days; or
(g) a receiver is appointed to take possession or control of the
Property, the Leasehold Estate, or Tenant's operations on the Property for any reason, including
assignment for benefit of creditors or voluntary or involuntary bankruptcy proceedings; or
(h) Tenant makes a general assignment for the benefit of creditors or a
voluntary or involuntary petition is filed by or against Tenant under any law for the purpose of
adjudicating Tenant a bankrupt, or for extending time for payment, adjustment or satisfaction of
Tenant's liabilities, or for reorganization, dissolution or arrangement on account of or to prevent
bankruptcy or insolvency, unless such assignment or proceeding, and all consequent orders,
adjudications, custodies and supervisions are dismissed,vacated or otherwise permanently stayed
or terminated within sixty (60) days after such assignment, filing or other initial event.
13.2 Remedies. Upon the occurrence of any Event of Default, and without the
giving of any additional notice not otherwise required hereunder or by law, Landlord may
exercise the following rights and remedies in addition to all other rights and remedies provided
by law or equity, either cumulatively or in the alternative:
(a) Terminate Tenant's right to possession of the Property by any
lawful means, in which case this Lease shall terminate and Tenant shall immediately surrender
possession of the Property to Landlord. In such event Landlord shall be entitled to recover from
P6402-0001\926819.1 -i l-
Tenant: (i) the unpaid Rent that had been earned at the time of termination; plus (ii) the worth at
the time of award of the amount by which the unpaid Rent that would have been earned after
termination until the time of award exceeds the amount of such rental loss that Tenant proves
could have been reasonably avoided; plus (iii)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 award exceeds the amount of
such rental loss that Tenant proves could be reasonably avoided. The worth at the time of award
of the amount referred to in clause (iii) of the immediately preceding sentence shall be computed
by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at
the time of award plus one percent (1%). If termination of this Lease is obtained through the
provisional remedy of unlawful detainer, Landlord shall have the right to recover in such
proceeding any unpaid Rent and damages as are recoverable therein, or Landlord may reserve
the right to recover all or any part thereof in a separate suit. If any notice required under
Section 13.1 was not previously given, a notice to pay rent or quit, or to perform or quit given to
Tenant under the unlawful detainer statute shall also be deemed to constitute the notice required
by Section 13.1. In such case, any applicable grace period required by Section 13.1 and the
unlawful detainer statute shall run concurrently, and the failure of Tenant to cure the Event of
Default within the greater of the two such grace periods shall constitute both an unlawful
detainer and an Event of Default entitling Landlord to the remedies provided for in this Lease
and/or by said statute.
(b) Maintain this Lease and Tenant's right to possession of the
Property in effect and continue to enforce all of Landlord's rights and remedies hereunder,
including the remedy described in California Civil Code Section 195].4 (granting the landlord
the right to continue a lease in effect after a tenant's breach and abandonment and to recover all
rent as it becomes due if the tenant has the right to sublet or assign, subject only to reasonable
limitations) provided that upon Landlord's election of such remedy, Landlord may not
unreasonably withhold its consent to any assignment or subletting. Acts of maintenance or
preservation or efforts to relet the Property or the appointment of a receiver upon initiative of
Landlord to protect Landlord's interest under this Lease shall not constitute a termination of this
Lease or Tenant's right to possession unless written notice of termination is given by Landlord to
Tenant.
(c) Pursue any other remedy now or hereafter available under the laws
or judicial decisions of the State of California. The expiration or termination of this Lease and/or
the termination of Tenant's right to possession shall not relieve Tenant from liability under any
indemnity provisions of this Lease as to matters occurring or accruing during the Term or by
reason of Tenant's occupancy of the Property.
13.3 Landlord's Performance of Tenant's Obli�ations. If Tenant fails to
perform any affirmative duty or obligation under this Lease within twenty (20) business days
after written notice (or in case of an emergency, without notice), the Landlord may, at its option,
perform such duty or obligation on Tenant's behalf, including the obtaining of reasonably
required bonds, insurance policies, or governmental permits, licenses and approvals. The costs
and expenses of any such performance by Landlord shall be due and payable by Tenant upon
Landlord's written demand. If any check given to Landlord by Tenant shall not be honored by
the bank upon which it is drawn, Landlord, at its option, may require that all future payments by
Tenant to Landlord be made by bank cashier's check.
P6402-0001\926819.] -12-
13.4 Remedies Cumulative. The remedies given to Landlord in this Section
shall not be exclusive but shall be cumulative with and in addition to all remedies now or
hereafter allowed by law and elsewhere provided in this Lease.
13.5 Waiver of Breach. The waiver by Landlord of any breach of Tenant of
any of the provisions of this Lease shall not constitute a continuing waiver or a waiver of any
subsequent breach by Tenant either of the same or a different provision of this Lease. No
waiver, benefit, privilege or service voluntarily given or performed by either party shall give the
other any contractual right by custom, estoppel or otherwise. The subsequent acceptance of rent
pursuant to this Lease shall not constitute a waiver of any preceding default by Tenant other than
default in the payment of the particular rental payment so accepted, regardless of Landlord's
knowledge of the preceding breach at the time of accepting the rent, nor shall acceptance of rent
or any other payment after termination constitute a reinstatement, extension or renewal of the
Term or revocation of any notice or other act by Landlord.
14. Miscellaneous
]4.1 Tenant's Duty to Surrender Propertv. At the expiration or any earlier
termination of the Term, Tenant shall surrender to Landlord the possession of the Property and
all improvements and fixtures installed or constructed by or for Tenant thereon free and clear of
all claims to or against them by Tenant or any third person or party. Subject to the provisions of
Section 7.7, Tenant shall leave the surrendered property in good, safe and broom-clean
condition. All property that Tenant is required to sunender shall become Landlord's property at
termination of this Lease. If Tenant fails to surrender the Property at the expiration or earlier
termination of this Lease, Tenant shall defend and indemnify Landlord from all liability and
expense resulting from the delay or failure to surrender, including claims made by any
succeeding tenant or any purchaser or prospective purchaser founded on or resulting from
Tenant's failure to surrender.
14.2 Holdin�r. This Lease shall terminate without further notice at the
expiration of the Term. Notwithstanding Landlord's acceptance of Rent after expiration or any
earlier termination of the Term, any holding over by Tenant shall not constitute a renewal or
extension of the Term or give Tenant any rights in or to the Property. In the event that Tenant
holds over, then the Base Rent shall be increased to one hundred and fifty percent(150%) of the
Base Rent applicable during the month immediately preceding the expiration or earlier
termination of the Term. Nothing contained herein shall be construed as a consent by Landlord
to any holding over by Tenant.
14.3 Survival . Each obligation of Tenant's obligations under this Lease that,
by its nature, is to be, or may need to be, performed after the expiration or any earlier termination
of this Lease shall survive such expiration or termination.
14.4 Force Majeure; Delays. Except as otherwise expressly provided in this
Lease, should the performance of any act required by this Lease to be performed by either
Landlord or Tenant be prevented or delayed by reason of a.ny act of God, strike, war, lockout,
labor trouble, or inability to secure materials, or delay in the issuance of any required
governmental permit, license or approval, the time for performance of the act will be extended
P6402-0001\926819.1 -13-
for a period equivalent to the period of delay and performance of the act during the period of
delay will be excused; provided, however, that nothing contained in this Section shall excuse
the full payment when due of any Rent payable by Tenant or the performance of any act
rendered difficult or impossible solely because of the financial condition of the party required to
perform the act; and provided further that any such extension of the time for performance shall
not affect the commencement or expiration of the Term.
14.5 Interest on Overdue Pa,�ents. All Rent and other sums of any nature that
Tenant fails to pay to Landlord when due under any provision of this Lease or that Landlord pays
to any third party on behalf of Tenant pursuant to any provision of this Lease shall bear interest
from the date due to Landlord or paid by Landlord, as applicable (the "Due Date"), at the rate of
ten percent (10%) per annum, accruing daily but not compounded. Such interest shall be payable
immediately and without the necessity of any demand by Landlord. The fact that Landlord is
entitled to interest under this Section shall not be construed to excuse or mitigate any default by
Tenant.
14.6 Attornevs' Fees. In the event either party brings a suit, action or other
proceeding against the other party that in any way relates to or arises out of this Lease, the
prevailing party (meaning the party that obtains substantially the relief sought by it) shall be
entitled to have and recover from the other party all costs and expenses of the suit, action or
proceeding, including attorneys' fees, from the commencement of the suit, action or proceeding
through the entry of judgment. The trial court shall determine which party is the prevailing party
as well as the amount of attorneys' fees and costs to be awarded immediately following the entry
of judgment (and without awaiting any appeal) in a post-trial proceeding such as is conducted
when a cost bill is submitted. If an appeal is timely filed and if the awarding or amount of
attorneys' fees and costs is at issue in the appeal, then the appellate court (or the trial court,
acting pursuant to an order of the appellate court) shall determine such issue, and the recoverable
attorneys' fees and costs shall include those incurred through the entry of final judgment
following the appeal. In the event that Landlord shall be a party to any legal proceedings
instituted in connection with or arising out of this Lease where Tenant is named as a defendant,
Tenant agrees to pay to Landlord all sums paid or incurred by Landlord as costs and expenses in
such legal proceedings, including Landlord's reasonable attorneys' fees.
14.7 Discrimination.
(a) Tenant, its employees and agents, shall not discriminate against
any person because of race, age, religion, color, ancestry, sex, physical handicap or disability,
marital status, sexual orientation or national origin, nor shall Tenant, its employees or agents,
publicize the availability of work, contracts, accommodations or facilities in any manner that
would directly or impliedly reflect upon or question that acceptability of any person because of
race, religion, color, ancestry, sex, physical handicap or disability, marital status, sexual
orientation or national origin.
(b) Tenant shall not discriminate against any employee or applicant for
employment because of race, age, color, religion, ancestry, sex, physical handicap, or disability,
marital status, sexual orientation or national origin. Such action shall include, but not be limited
to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment
P6402-0001\926819.1 -14-
advertising; layoff or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. Tenant shall post in conspicuous places, available to
employees and applicants for employment, notices setting forth the provisions of this Section.
(c) Tenant shall permit access to its records of employment,
employment advertisement, application forms, and other pertinent data and records by Landlord,
the State Fair Employment Practices Commission, or any other agency of the State of California
designated by the State of California for the purpose of investigation to ascertain compliance
with this Section.
(d) Landlord may determine a violation of this Section upon receipt by
Landlord of a final judgment having that effect from a court in an action to which Tenant was a
party, or upon receipt of a written notice from the Fair Employment Practices Commission that it
has investigated and determined that Tenant has violated the Fair Employment Practices Act.
14.8 Subordination; Attornment; Non-Disturbance.
(a) Subordination. This Lease shall be subject and subordinate to any
deed of trust or other hypothecation or security device (collectively, "Security Device"), now or
hereafter placed by Landlord upon the Property, to any and all advances made on the security
thereof, and to all renewals, modifications, and extensions thereof. Tenant agrees that the
holders of any such Security Devices shall have no liability or obligation to perform any of the
obligations of Landlord under this Lease.
(b) Attornment. Subject to the non-disturbance provisions of
paragraph (c) below, Tenant agrees to attorn to any lender or any other party who acquires
ownership of the Property by reason of a foreclosure of a Security Device, and in the event of
such foreclosure, such new owner shall not (i) be liable for any act or omission of any prior
lessor or with respect to events occurring prior to acquisition of ownership, (ii) be subject to any
offsets or defenses that Tenant might have against any prior lessor, or (iii) be bound by any
prepayment of more than one calendar quarter's Base Rent.
(c) Non-Disturbance. With respect to Security Devices entered into
by Landlord after the execution of this Lease, Tenant's subordination of this Lease shall be
subject to receiving a commercially reasonable non-disturbance agreement (a "Non-Disturbance
Agreement") from the lender to the effect that Tenant's possession of the Property shall not be
disturbed so long as Tenant is not in default hereunder and attorns to the record owner of the
Property.
(d) Self-Executin�. The agreements contained in this Section 14.8
shall be effective without the execution of any further documents; provided, however, that,
upon the written request of Landlord or any lender in connection with a sale, financing or
refinancing of the Property, Tenant and Landlord shall execute such further writings as may be
reasonably required to separately document the subordination, attornment and Non-Disturbance
Agreement provided for herein.
14.9 Reservations by Landlord. Landlord reserves to itself the right, from time
to time and without the consent or joinder of Tenant, to grant such easements, rights and
P6402-000 I\926819.1 -15-
dedications as Landlord may deem necessary, and to cause the recordation of parcel maps and
restrictions, so long as such easements, rights, dedications, maps and restrictions do not
unreasonably interfere with the use of the Property by Tenant. Tenant agrees to sign any
documents reasonably requested by Landlord to effectuate any such easement rights, dedication,
map or restrictions.
14.10 Authoritv. Each individual executing this Lease on behalf of Landlord or
Tenant represents and warrants that he or she is duly authorized to execute and deliver this Lease
on such party's behalf.
14.11 Jurisdiction and Governin�aw. Any action brought by Landlord against
Tenant in connection with this Lease or any matter that in any way relates to the transactions
contemplated by this Lease may be brought by Landlord in any court of competent jurisdiction,
wherever located, having personal jurisdiction over Tenant. The judgment in any such action
may be enforced by any court of competent jurisdiction wherever located. Any action brought
by Tenant against Landlord in connection with this Lease or any matter that in any way relates to
the transactions contemplated by this Lease shall be brought by Tenant in any court of competent
jurisdiction in the State of California. Without limiting the generality of the foregoing, Tenant
hereby submits to the jurisdiction and venue of any court of competent jurisdiction in the State of
California. In connection with any action brought by either party hereto against the other party,
Landlord may take depositions in the State of California or in any other locations worldwide in
which Tenant maintains an office or records; Tenant shall take depositions only in the State of
California. Regardless of who initiates an action or the jurisdiction and venue in which such
action is brought, this Lease and all matters that in any way relate to the transactions
contemplated by this Lease shall be governed by the laws of the State of California.
14.12 Quiet Enjovment. Tenant shall and may peacefully and quietly have, hold
and enjoy the Property herehy demised, for the Term, on the terms and subject to the conditions
contained in this Lease. Landlord warrants and represents that it is the sole and lawful owner af
the Property in fee simple, that the Property are free and clear of all liens and encumbrances
(except as specifically disclosed to Tenant in writing by Landlord), and that Landlord has the
right to enter into this Lease.
14.13 Notices. All notices required or permitted by this Lease shall be in writing
and may be delivered in person (by hand or by overnight courier) or may be sent by regular,
certified or registered mail or U.S. Postal Service Express Mail, with postage prepaid, and shall
be deemed sufficiently given if served in a manner specified in this Section. Until changed by a
notice given in accordance with the provisions of this Section, the respective addresses of
Landlord and Tenant for the purpose of receiving notices required or permitted by this Lease are
as follows:
P6402-0001\926819.1 -16-
Tenant:
City of Palm Desert
73510 Fred Waring Drive
Palm Desert, California 92260
Attention:
Telephone: (760) 346-0611
Facsimile: (760) 340-0574
With a copy to:
Richards, Watson & Gershon
355 South Grand Avenue, 40th Floor
Los Angeles, California 90071-3101
Attention: Jim G. Grayson
Telephone: (213) 626-8484 x 360
Facsimile: (213) 626-0078
Landlord:
Desert Community College District
43-500 Monterey Avenue
Palm Desert, California 92260
Attention: Vice President, Administrative Services
Telephone: (_)
Facsimile: (760) 341-9732
With a copv to:
Desert Community College District
43-500 Monterey Avenue
Palm Desert, California 92260
Attention: SuperintendenUPresident
Telephone: (�
Facsimile: (760) 341-9732
A copy of all notices to Landlord shall be concurrently transmitted to such party or
parties at such addresses as Landlord may from time to time hereafter designate in writing. Any
notice sent by registered or certified mail, return receipt requested, shall be deemed given on the
date of delivery shown on the receipt card, or if no delivery date is shown, the postmark thereon.
If sent by regular mail the notice shall be deemed given on the third business day after the same
is addressed as required herein and mailed with postage prepaid. Notices delivered by United
States Express Mail or overnight courier that guarantee next day delivery shall be deemed given
on the next business day after delivery of the same to the Postal Service or courier. Notices
transmitted by facsimile transmission or similar means shall be deemed delivered upon telephone
confirmation of receipt, provided a copy is also delivered via delivery or mail. If notice is
received on a Saturday, Sunday or legal holiday, it shall be deemed received on the next business
day.
P6402-0001\926819.1 -17-
14.14 Bindin�on Heirs and Successors. This Lease shall be binding on and
enforceable by, and shall inure to the benefit of, Landlord and Tenant and their respective
successors, and assigns, subject to the provisions of Section 11.
14.15 Time of Essence. Time is expressly declared to be the essence of this
Lease.
14.16 Memorandum of Lease. Immediately after execution of this Lease,
Landlord and Tenant shall execute and acknowledge a memorandum of this Lease in the form of
Exhibit"C", which Landlord or Tenant may record in the Official Records of Los Angeles
County. Any documentary transfer tax payable in connection thereunder shall be paid by
Tenant.
14.17 Counterparts. This Lease may be executed in counterparts, all of which
together shall constitute one and the same document.
14.18 Partial Invaliditv. Should any provision of this Lease be held by a court of
competent jurisdiction to be either invalid, void, or unenforceable, the remaining provisions of
this Lease shall remain in full force and effect unimpaired by the holding.
14.19 Entire Agreement. This instrument constitutes the sole and only
agreement between Landlord and Tenant respecting the Property, the leasing of the Property to
Tenant, the performance of the Improvements, and the other subject matter of this Lease, and
correctly sets forth the obligations of Landlord and Tenant to each other as of its date. Any
agreements or representations respecting the Property, their leasing to Tenant by Landlord, or
any other matter discussed in this Lease not expressly set forth in this instrument, including the
Letter of Intent heretofore executed by the parties in contemplation of this Lease, are hereby
superseded and are null and void.
14.20 Amendments. This Lease may be modified only by a written instrument
signed by the parties in interest at the time of the modification. Tenant agrees to make such
reasonable non-monetary modifications to this Lease as may be reasonably required by a lender
in connection with any financing or refinancing of the Property, provided that such modifications
do not materially change Tenant's obligations hereunder.
14.21 Construction of Lease. This Lease shall be construed fairly as to all
parties and not in favor of or against any party, regardless of which party prepared this Lease.
Whenever the context requires, all words used in the singular will be construed to have been
used in the plural, and vice versa, and each gender will include any other gender. The captions
of the sections and paragraphs of this Lease are for convenience only and do not define or limit
any terms or provisions. Unless otherwise specifically provided, references in this Lease to
sections, paragraphs and exhibits shall be to sections, paragraphs and exhibits of or to this Lease.
All exhibits hereto are incorporated herein by the references thereto in this Lease. The use in this
Lease of the word "include" or any derivative thereof shall be construed as providing examples
or illustration only and shall not limited the �enerality of any provision in which it is used. As
used in this Lease, the term "business day" means any day on which commercial banks are open
for business in the State of California, and the term "day" means a calendar day when not
P6402-0001\926819.1 -18-
expressly stated to be a business day. If any period or deadline specified in this Lease ends or
falls on a day that is not a business day, such period or deadline shall be extended to end or fall
on the next succeeding business day. Wherever used in this Lease, the symbol "$" refers to
dollars in currency of the United States of America.
14.22 Effect of Deliverv. The delivery of any unexecuted draft of this Lease
shall not constitute an offer by the delivering party or otherwise bind the delivering party or
create any enforceable rights in favor of the other party. This Lease shall not be binding or
enforceable unless and until it is executed and delivered by both Landlord and Tenant.
14.23 Landlord's Consents, Approvals and Other Acts. Althou�h Landlord is a
governmental entity, none of Landlord's consents, approvals or performance of obligations under
this I�ease shall constitute consents, approvals or acts in the Landlord's governmental capacity,
but shall constitute consents, approvals and acts by Landlord in its proprietary capacity as the
landlord under this Lease.
[Signature Page FollowsJ
P6402-000 l\926819.1 -19-
IN WITNESS WHEREOF, Landlord and Tenant have executed this Lease as of the date first
above written.
Tenant: Landlord:
CITY OF PALM DESERT, DESERT COMMUNITY COLLEGE
a California municipal corporation DISTRICT, a Community college district
By: By�
Name: Name:
Title: Title:
By:
ATTEST: Name:
Title:
ATTEST:
P6402-0001\926819.1 -20-
EXHIBIT "A"
DESCRIPTION OF PROPERTY
(Attached)
P6402-0001\926819.1 A-1
EXHIBIT "B"
DESCRIPTION OF THE IMPROVEMENTS
(Include narrative description followed by list of plans and specs; include sheet number,job
number, preparer and date)
P6402-0001\926819.1 B-1
EXHIBIT ��C"
FORM OF MEMORANDUM OF GROUND LEASE
(Attached)
P6402-0001\926819.1 C-1
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of Palm Desert
73510 Fred Waring Drive
Palm Desert, California 92260
Attn:
[Space Above For Recorder's Use Only]
The undersigned Lessor declares that this Memorandum of Ground Lease is exempt from
Recording Fees pursuant to California Government Code Section 27383.
This transfer is exempt from documentary Transfer Tax pursuant to Revenue & Taxation
Code Section 11922.
MEMORANDUM OF GROUND LEASE
THIS MEMORANDUM OF GROLTND LEASE (this "Memorandum") is dated as of
, 2006 and is entered into by and between the CITY OF PALM DESERT, a
California municipal corporation ("Tenant") and DESERT COMMUNITY COLLEGE
DISTRICT, a community college district, duly organized and validly existing under the laws of
the State of California (otherwise known as the COLLEGE OF THE DESERT) ("Landlord").
RECITALS
A. Landlord and Tenant executed that certain Ground Lease dated ,
2006 (the "Lease") affecting the land described on Exhibit "A" (the "Property").
B. Landlord and Tenant now desire to record this Memorandum in order to, among
other things, comply with law requiring that municipal leases be recorded, giving constructive
notice of the existence of the Lease, and permitting the Tenant and its lender(s) to obtain title
insurance.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals, and the covenants and
conditions contained herein, and for other good and valuable consideration,the receipt and
sufficiency of which are hereby acknowledged, Landlord and Tenant hereby agree as follows:
1. Ground Lease. Landlord has leased the Property to Tenant, and Tenant has leased
the Property from Landlord, upon and subject to the terms and conditions set forth in the Lease.
The Lease is hereby incorporated herein by this reference.
2. Term. The term of the Lease commences on and
continues for a period of fifty (50) years from such date,which term may be extended by Tenant
pursuant to five (5) successive options to extend the term for additional ten (10) year periods
each.
P6402-0001\926819.1 C-2
3. Counterparts. This Memorandum may be executed in counterparts, all of which
together shall constitute one and the same document.
IN WITNESS WHEREOF, Landlord and Tenant have executed this Amendment as of
the date and year first above written.
TENANT: CITY OF PALM DESERT,
a California municipal corporation
By:
Name:
Title:
ATTEST:
LANDLORD: DESERT COMMUNITY COLLEGE DISTRICT,
a Community college district
By:
Name:
Title:
By:
Name:
Title:
ATTEST:
P6402-0001\926819.1 C-3
EXHIBIT A
DESCRIPTION OF PROPERTY
(Attached.)
P6402-0001\926819.1 C-4
STATE OF CALIFORNIA )
)
COUNTY OF LOS ANGELES )
On , 2006, before me, , a
Notary Public in and for the State of California, personally appeared
, personally known to me (or proved to me on the
basis of satisfactory evidence)to be the person whose name is subscribed to the within
instrument and acknowledged to me that he/she executed the same in his/her authorized capacity,
and that by his/her signature on the instrument, the person, or the entity upon behalf of which the
person acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public in and for the State of California
(SEAL)
STATE OF CALIFORNIA )
)
COUNTY OF LOS ANGELES )
On _, 2006, before me, , a
Notary Public in and for the State of California, personally appeared
, personally known to me (or proved to me on the
basis of satisfactory evidence) to be the person whose name is subscribed to the within
instrument and acknowledged to me that he/she executed the same in his/her authorized capacity,
and that by his/her signature on the instrument, the person, or the entity upon behalf of which the
person acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public in and for the State of California
(SEAL)
P6402-0001\926819.1 C-5
CITY OF PALM DESERT
DEVELOPMENT SERVICES
INTEROFFICE MEMORANDUM
To: Honorable Mayor and the City Council
From: Monica Loredo, Administrative Secretary
Date: September 13, 2007
Subject: Parks and Recreation Commission Minutes of September 4, 2007
and Partial Minutes of August 21, 2007
Per Mayor Richard Kelly's request, I am attaching the draft meeting minutes from the
September 4, 2007, Parks and Recreation Commission meeting. After listening to the
September 4th tapes, it was noted that the Commission did not comment on the aquatic
center.
After looking back at my notes, the Commission made comments on the aquatic center
at the meeting of August 21, 2007. Due to time constraints, I have provided the draft
meeting minutes of only the Commission comments concerning the aquatic center.
Please note that the minutes are in very rough draft form. The Parks and Recreation
Commission have not reviewed any of the minutes.
Please call Ms. Janis Steele if you have any questions or concerns.
r,rY�jvv...c�c
Monica Loredo
Administrative Secretary
ml
Attachments
cc: Carlos L. Ortega, City Manager
Homer Croy, ACM for Development Services
Janis Steele, Parks and Recreation Services Manager
Rachelle D. Klassen, City Clerk
73=-+
n
-a
PARKS AND RECREATION COMMISSION
PRELIMINARY MINUTES
AUGUST 21, 2007
IX. COMMISSIONER COMMENTS
DRAFT
Commissioner Barnes asked for an update on the aquatic center. Ms.
Steele responded that the aquatic center would be going to the second
City Council meeting in September.
Commissioner Barnes asked what is going to the Council. Ms. Steele
replied the new design is going to the City Council.
Commissioner Barnes asked what is the new design. Ms. Steele
responded a competitive complex, which is the design that the City
Council requested.
Commissioner Barnes asked what is the complex that he is not aware of,
and commented that he is not sure if the rest of the Commission is aware
of the new design.
Chair Guyer interjected that it does not matter, and stated that the
Commission does not have a voice in it anymore. Commissioner Barnes
interjected that there is something wrong with the Commission, and the
position the Commission serves in the Palm Desert community if they are
not involved. He stated that this is another one of those deals such as the
golf course. The Commission was shut out on that project too.
Commissioner Barnes communicated that the Parks and Recreation
Commission are either involved in the aspects of parks and recreation,
and they either agree or disagree but the Commission should certainly be
given the voice to disagree if the Commission wants to. The Commission
should know what is going on and voice their opinions as Commissioners
whether the Commission agrees or disagrees with what the City Council
has decided they want to do without asking the Commission.
Chair Guyer voiced that the Commission has already done that.
Commissioner Barnes replied that they have not. He stated that if the City
Council came up with a new plan, the Council has not asked the
Commission. Chair Guyer responded that it was not the City Council's
intent to ask the Commission. The Council asked the Commission to
review the design, and the Commission reviewed the design and sent it
back to the City Council not recommending the competitive complex.
Commissioner Barnes stated that he does not agree with what the City
Council has come up with. Chair Guyer replied that the Commission has
already disagreed with the new design. Commissioner Barnes
communicated that the City Council has come up with a new plan, and he
9
G:DevServices MOnica LoredolWord Data\Parks&ReclMinutes12007 Minutesl8-21-07.min.doc
PARKS AND RECREATION COMMISSION
PRELIMINARY MINUTES
AUGUST 21, 2007
DRAFT
Commissioner Barnes asked how much it is going to cost to support the
pool at the College of the Desert. Chair Guyer responded that the City
Council does not care how much. Commissioner Barnes interjected that
he cares as a resident and a member of the Commission.
Chair Guyer stated the City Council is going to move on with their
decision, and the Commission now has to move on too.
Commissioner Barnes stated that the Commission should still have a
voice in saying what they think about what they are doing when it comes
to the final decision they have made as to what the pool should be.
Commissioner Barnes also stated that he still feels entitled to another
opinion as far as upholding the citizens of this community as to what they
wanted and what they are going to get.
Commissioner Barnes commented that he is still entitled to know the new
plan design. Ms. Steele responded that he would. She would send out the
staff report at the same time the City Council packets go out.
X. ADJOURNMENT
Upon motion by Commissioner Barnard, seconded by Commissioner
Dawson, the meeting was adjourned at 9:45 a.m.
Monica Loredo, Recording Secretary
11
G:IDevServices\Monica LoredolWord DatalParks&ReclMinutes12007 Minutesl8-21-07.min.doc
_- - _
DRAFT
CITY OF PALM DESERT
��•��'� PARKS � RECREATION COMMISSION
� �
�RELIMINARY MINUTES
. SEPTEMBER 4, 2007
I. CALL TO ORDER
Chair Randy Guyer convened the meeting at 8:30 a.m.
I1. ROLL CALL
Present: Excused Absence
Chair Randy Guyer Commissioner Julie Munson
Commissioner Phill Babcock (Munson on Leave of Absence)
Commissioner Michael Barnard
Commissioner Daniel Barnes
Commissioner Roger Dash Absent
Commissioner Gerald Dawson Vice Chair Terry Schukart
Staff Present:
Robert Spiegel, Councilmember
Janis Steele, Parks & Recreation Services Manager
Monica Loredo, Administrative Secretary
III. APPROVAL OF MINUTES
A. MINUTES OF THE MEETING FROM JULY 3, 2007
Commissioner Barnes asked if these were the minutes that he contested
at the previous meeting. Ms. Steele replied yes. He asked why the
minutes are now corrected. Ms. Steele responded that they were
corrected per his request. Commissioner Barnes commented that he first
brought up the issue of the minutes being edited and asked why the
correction was not originally in the minutes. Ms. Steele explained that
when minutes are taken during City Council and commission meetings, all
minutes are edited to a large degree; minutes are not taken verbatim. She
continued to explain that when Ms. Angelica Chavez, Office Assistant,
was listening to the tapes; she felt that Commissioner Barnes would not
want to be represented in that way so she decided to leave it out
(comment regarding dogs in the soccer field).
1
PARKS AND RECREATION COMMISSION
PRELIMINARY MINUTES DR��
SEPTEMBER 4, 2007
Commissioner Barnes asked who had taken his comment out of the
minutes. Ms. Steele responded Ms. Angelica Chavez. He stated Ms.
Chavez is a nice lady and was not present to defend herself at the last
meeting or today. He commented that he just wanted to know where it
came from.
Chair Guyer explained that is one reason why they go over the minutes to
find things, make changes, and correct them.
Commissioner Barnes stated that the comment was an obvious deletion
by what he calls censorship. He made the comment so it could go before
the City Council since he believes they read the Parks and Recreation
Commission meeting minutes.
Commissioner Dawson commented that he is abstaining since he did not
read the minutes.
Minutes of the Parks and Recreation Commission meeting of July 3, 2007,
were approved as submitted. Motion moved/seconded by
Dash/Barnard and carried by a 5-0 vote with Commissioner Dawson
abstaining and Commissioners Schukart and Munson ABSENT.
(Munson on LOA)
IV. ORAL COMMUNICATIONS - None
V. PRESENTATIONS - None
VI. NEW BUSINESS
A. COMMISSION MEETING OF NOVEMBER 6, 2007
Discussion and recommendation to cancel or change the location
of the meeting due to Election Day.
Ms. Steele indicated that November 6, 2007, is Election Day, and the
Administrative Conference Room is utilized as a polling place. She asked
the Commission if they would prefer to cancel the Parks and Recreation
Commission meeting scheduled on November 6, or relocate the meeting
to the North Wing Conference Room. She noted that the North Wing
Conference Room is located in the Redevelopment and Finance building.
2
G:IDevServiceslMonica LoredolWord DatalParks&ReclMinutes12007 Minutes19-4-07.min.doc
PARKS AND RECREATION COMMISSION
PRELIMINARY MINUTES ����
SEPTEMBER 4, 2007
Commissioner Dawson moved to relocate the Parks and Recreation
Commission meeting of November 6, 2007, to the North Wing
Conference Room located at the Palm Desert Civic Center.
Commissioner Barnard seconded the motion and carried by a 6-0
vote with Commissioners Schukart and Munson ABSENT (Munson
on LOA).
VI1. UNFINISHED BUSINESS
A. 2008 LEGENDS FIELD (SENIOR GAMES) HONOREES
Discussion and recommendation for the 2008 Honoree.
Ms. Steele stated that Staff has brought back a short list of potential
honorees that were mentioned at the previous meeting. She commented
that Ms. Barb Adair, Coachella Valley Recreation and Park District
(CVRPD), was present to give the Commission an update on Billy Jean
King's living status, which she did not have at the time of the report. Ms.
Steele also stated that she included in the agenda packet bios for pon
Sutton and Tom Flores. She added that Don Sutton is highly
recommended by Palm Desert Youth Sports. Ms. Steele disclosed that
Don Sutton is in the Hall of Fame, lives in Palm Desert, and is active in the
community.
Commissioner Barnes commented that he called Mr. Steve Simon from
the Tennis Gardens. Mr. Simon is the person that arranges the
tournaments and knows all the players and where they are. Commissioner
Barnes indicated that he and Mr. Simon kept missing each other's phone
calls, but did talk to Mr. Simon's assistant. She stated that Ms. Billy Jean
King does not have a place in the desert.
Ms. Steele stated that she found out that Rosie Casals has a home in
Palm Desert and not La Quinta.
Ms. Adair affirmed that Rosie Casals has a home in Indian Ridge Country
Club. She mentioned that Billy Jean King is building a town house
complex on the border of Highway 111 and Gene Autry. She is also part
owner of the Tennis Gardens and founder of World Team Tennis. Those
are her connections to the community.
Chair Guyer requested that the Commission list their favorite from one to
five, and Mr. Tanner, Planning Commissioner, would collect the list and
compile the votes.
�:IDevServiceslMonica LoredolWo�d DatalParksBReclMinutes12007 Minutes19-4-07.mi,n�doc
PARKS AND RECREATION COMMISSION
PRELIMINARY MINUTES ��A�
SEPTEMBER 4, 2007
Mr. Tanner compiled the votes and handed the information to Chair
Guyer.
Chair Guyer communicated that Don Sutton received the most votes with
Steve Garvey coming in second.
Councilman Spiegel asked who would contact them. Ms. Steele
responded that she would.
Councilman Spiegel asked if the dates have been confirmed for the Senior
Games.
Ms. Adair announced that the Senior Games are scheduled for February
7-10, 2008. The dinner is scheduled for February 8, 2008, which will be
held at Desert Willow. She added that she is working with Ms. Scully to
change the location of the 5-mile run on EI Paseo. Ms. Steele stated that
she is working with Mr. Art Contreras from Public works and would bring
back additional information to the Commission as it is received.
B. DATE GROVE FIELD DESIGN
Discussion and approval of the revised design of the date grove
field.
Ms. Steele stated that the design was presented to the Commission at a
previous meeting, and it was requested that the shelter be put in the
- middle of the courts and horseshoes, and the restrooms moved. The
conceptual design in the agenda packet has the changes as requested.
Commissioner Barnes communicated that there might be a little
misunderstanding. He does not think the Commission decided to eliminate
bocce ball. The Commission decided that there were too many bocce ball
courts and should cut down on the number of bocce ball courts. Ms.
Steele responded that she did look at the minutes, and it was decided to
take them out, but Staff could add them back in if that is what the
Commission wants.
Commissioner Barnes also felt that they did not need many petanque
courts either.
Councilman Spiegel asked what is the difference between bocce ball and
petanque. Ms. Steele responded that petanque is played on decomposed
granite (dg?) and bocce ball is played on grass. She noted that there are
some petanque players that currently play in the Civic Center Park.
4
G:IDevServiceslMonica LoredolWord DatalParksBReclMinutes12007 Minutes134-07.min.doc
PARKS AND RECREATION COMMISSION
PRELIMINARY MINUT ����
SEPTEMBER 4, 2007
Chair Guyer commented that he has seen bocce ball played everywhere
such as the beach, parks, and schoolyards. He commented that he is not
certain that they need to specify bocce courts as long as they have a
grassy area.
Commissioner Barnes commented that Sun City has bocce ball courts,
and understands that they are pretty popular.
Commissioner Barnard mentioned that bocce ball is played on hard
packed dirt and not grass.
Chair Guyer request that Staff add a couple of bocce ball courts. Ms.
Steele replied that they would.
Chair Guyer asked for clarification on the location of the restrooms. Ms.
Steele pointed to the design indicating where the restroom would be
located (close to the sidewalk).
Chair Guyer stated that the restrooms were also supposed to provide for
the volleyball courts, tennis courts, and pavilion area. Ms. Steele
responded that originally Staff had the restrooms higher, but the
Commission requested that they be moved lower. Ms. Steele replied that
Staff could move it in more.
Commissioner Babcock asked if the design would help eliminate pressure
from what the park receives on weekends. He noted that there is only one
kiosk (shade structure). Chair Guyer responded that it would relieve some
pressure. He asked Commissioner Babcock if he felt there should be
more. He responded that it would not relieve a tremendous amount of
pressure since the other pavilions are booked way in advance.
Ms. Steele agreed that they are booked in advance. She noted that the
main pavilions (next to the tot lot) are booked the quickest. She stated that
Staff could do whatever the Commission would like. She reminded the
Commission that Staff originally had two shade structures designed, but
then Staff was directed to move it to the middle and make it one.
Commissioner Babcock commented that at one time it was supposed to
be a little higher closer to the path, and to the channel and the houses. He
noted that the park gets very busy over the weekend.
Chair Guyer stated that a buffer zone is needed between the homes and
the park.
G:IDevServiceslMonica LoredolWord DatalParks6ReclMinutes12007 Minutes19-4-07.mi�Jn doc
.
PARKS AND RECREATION COMMISSION
PRELIMINARY MINUTES DR��
SEPTEMBER 4, 2007
Ms. Steele added that the further east they go, the further the parking lots
are to haul picnic items.
Commissioner Babcock asked how close the restrooms to the tennis
courts are. Ms. Steele replied that she did not know, but could have it
measured.
Mr. Croy reminded the Commission to keep in mind that there are
planning rules in the City about distance from property and notification
rights.
Chair Guyer agreed that there has to be a buffer befinreen the homes and
the park.
Commissioner Babcock asked where they could add additional kiosks for
those people that could not get in to an existing one. �
Ms. Steele noted that all pavilions are not reserved. Three of them are
reserved and the other finro are kept open and are on a first-come, first-
served basis. During the summer there are not a large amount of
reservations.
Commissioner Babcock stated that he would just like to see a few more
small kiosks.
Commissioner Dawson suggested Staff to do an overall review of the park
to see where there is a good location for another smaller shade structure.
Chair Guyer suggested Staff to make changes to the current design, and
include it into the entire park plans. At that time, they could look at the
whole park and determine if they feel they have enough or not.
Commissioner Dawson asked if the Commission is going to move to have
Staff prepare a preliminary analysis of possible locations for small shade
structures. Chair Guyer responded that Staff could take a look at that as
part of the full park plans.
Commissioner Barnes commented that the restrooms are a lot closer to
the tennis courts than any other restrooms, and for that reason restrooms
were always needed in the date grove area.
Chair Guyer stated that the restrooms in the date grove area would not be
visible from the tennis courts. Commissioner Barnes recommended
installing a flag or signs.
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PARKS AND RECREATION COMMISSION
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VIII. REPORTS AND UPDATES
A. OVER-SEEDING SCHEDULE
Chair Guyer commented that the schedule looks a little complicated. Ms
Steele agreed. She indicated that the schedule was provided to give the
Commission some idea of what is going on in case they get asked if they
are in the park.
She noted that Staff decided not to over-seed the fields at the sports
complex on Cook Street since they are going to be demolished. The
schools (Washington Charter, Ronald Reagan, and Oleson Field) would
be over-seeded during the Thanksgiving break. Ms. Steele also noted that
they would be over-seeding the amphitheater area last due to the Art of
Food and Wine Festival. She indicated that signs would be installed at the
dog parks showing when they would be closed. Staff will be providing dog
park fliers so people would know where else to go.
Chair Guyer asked if there are a couple of weeks where all the dog parks
are not going to be open. Ms. Steele responded that Staff would make
sure that at least one of the parks is open at all times. Chair Guyer added
that Homme/Adams is always open.
Commissioner Babcock commented that while he was at Freedom Park
one day, he noticed that there was one small gate on the field at Ronald
Reagan School that was open. He asked if there was a reason for that.
Ms. Steele responded that Staff installed the gate and it is kept locked
during the day when kids are in school. She stated that the area is a
grassy field that would probably be used for sports team practices and
organized activities. She noted that the gate is open when the park is
open.
B. TRAIL SIGNS
Ms. Steele reported that the trail signs report was an informational item.
She stated that the kiosks at Cahuilla and Homme Adams Park have trail
maps, and are protected with plexi-glass and are constantly being
vandalized. Mr. Niemczak has a request out for bids for signs that are not
destructible. They would cost a little more, but the map could be installed
on a material that is vandal proof or relatively vandal proof. Now that the
trails are complete, the maps could be permanently installed. Ms. Steele
indicated that they would then start working on changing the signs that
have the rules and information. Staff is also looking at a couple of
trailheads that are not marked very well north of Cahuilla Park.
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PARKS AND RECREATION COMMISSION
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SEPTEMBER 4, 2007
Commissioner Dawson commented that it sounds great, and asked if the
Planning Department was in charge of the trails. Ms. Steele replied yes.
She explained that the Planning Department was in charge of completing
the trails, and once they are completed they are turned over to the Parks
and Recreation Department. Both departments continue to work closely
together so that it is a smooth transition.
Commissioner Dawson asked if the Planning Department is going to
complete the signage along the trails. Ms. Steele responded that they
were, but would check with them to make sure.
Chair Guyer mentioned that he had an interesting conversation with Mr.
Mike Schuler, trail builder. Mr. Schuler asked him what the City is going to
do when he cannot build trails any more, who is going to maintain the
trails. Chair Guyer asked Staff if there is anyone else that would be able to
maintain the trails. Ms. Steele responded that Staff is looking into it.
C. PARK UPDATES
Ms. Steele asked the Commission if they had any questions on the park
updates that were included in the agenda packet. She mentioned, not
included in the report, the Freedom Park dog park was not designed with
a shade structure. Staff is currently requesting bids to have one installed.
Chair Guyer asked if the shade structure would have a misting system.
Ms. Steele responded that if the Commission would want one installed,
Staff could look at having one added.
Councilman Spiegel commented that a major bus stop (transfer station) is
being built at Westfield that is going to have a misting system.
Commissioner Babcock asked if there were going to be tables over at the
park on Portola (by Lincoln School). Ms. Steele responded that Staff will
be requesting proposals to update the playground, and part of the
proposal would be new tables. She suggested in the meantime, Staff
could move some tables from the Civic Center to the park.
Commissioner Dawson agreed with the suggestion to move some tables
over. Ms. Steele answered that they would.
Commissioner Dawson asked once the park is refurbished, are they still
going to look at renaming the park. Ms. Steele replied that Staff would be
bringing it back as an agenda item.
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PARKS AND RECREATION COMMISSION
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D. COACHELLA VALLEY RECREATION & PARK DISTRICT
INFORMATION
Ms. Steele reported that there is a CVRPD report attached to the agenda
packet, and Ms. Adair was present to answer any questions or attempt to
answer questions. Ms. Steele noted that the report is from Mr. Stan Ford.
Commissioner Barnes asked for a status on the separation from the
CVRPD. Ms. Steele replied that it would be discussed at the end of '
September. She will be scheduling a meeting with the City Manager to
discuss the matter. Ms. Steele stated that she would bring back a report to
the Commission after she meets with the City Manager.
Commissioner Babcock asked where did CVRPD receive funds for
programs that were not available in the past. He noted that the City of
Palm Desert went through one summer without a kids program, and all of
sudden there are all these new plans. He asked again, was there a
sudden source of funds? Ms. Adair responded that she has been with the
District for a little over a year now, and when she started there was no
program. The District since then was committed to hiring additional staff to
develop more programs. She stated that she could take the question
concerning the source of funds back to Mr. Ford, and report back to the
Commission.
Councilman Spiegel asked Ms. Adair what is a North Star Team. Ms.
Adair replied that she understands it is a marketing company that is going
to come to work with Mr. Ford and staff to brand the CVRPD image. Ms.
Steele added that she viewed the presentation at one of the Board
meetings. She clarified that North Star Team is a company that does
branding for different organizations. The company looks at how an
organization could present their image so that they are recognizable by
the people.
Ms. Adair stated that the North Star Team is in this week. She indicated
that Mr. Ford would receive a detail report on what direction they would be
going.
Chair Guyer asked Ms. Adair if the District feels that they have an identity
problem, and for that reason they are having this company come in. She
replied that with the valley growing so fast, the District feels the need to
reinvent and market themselves.
Chair Guyer requested Staff to return to the Commission with information
from the District regarding the North Star Team report.
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PARKS AND RECREATION COMMISSION
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Commissioner Barnes commented on the potential separation from the
District, he is sorry that Mr. Ford is not present. He complimented the
District at the last meeting on the brochure they distributed. They seem to
have a lot of programs and activities. He voiced, with the Community
Center at the back of his mind, is the District going to be able to fulfill their
mission with all their programs in the building they currently have or do
they need to expand their building.
Councilman Spiegel stated that funds were approved this fiscal year to
look at an indoor facility. He has asked Staff to look in Southern California
for something that emulates the facility that was built in Missouri while Ms.
Steele was there. If there is a consensus that this type of facility is needed
in Palm Desert, the Parks and Recreation Commission along with Ms.
Steele would come up with a design. He stated that he would not like to go
through with what they went through with the pool. It was tough on the
Commission and the City Council. He would like a consensus that they
need a facility of this sort, and it would be up to the Commission to put it
together and present it to the City Council. The next step would be for Ms.
Steele to find four or five places in Southern California. He stated it might
take a day or two to visit these places in order to be on the same page.
Ms. Steele interjected that she was waiting until after the City Council
summer break to bring it forward. She indicated that she has found some
facilities that might serve the City's needs, and would return to the
Commission with additional information.
Commissioner Barnes asked if it would include college or university
facilities. Ms. Steele responded that they could look into it.
Councilman Spiegel commented that college and university facilities are
expensive. Chair Guyer added that they have a community that lives on
campus.
Commissioner Barnes mentioned that the College of the Desert is building
a new gym, and asked if they have any ideas. Ms. Steele responded that
the Commission should wait for Vice Chair Schukart to be present to
comment on the gym. She understands that they are only building a gym
not a gym with different components.
Chair Guyer added that the gym is the last thing on their plan.
10
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PARKS AND RECREATION COMMISSION
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SEPTEMBER 4, 2007
E. TREE INVENTORY
Ms. Steele reported that the tree inventory report is an informational item,
which is being done by the Landscape Services Division in Public Works
Department in conjunction with the Redevelopment Agency and the Parks
and Recreation Commission. She attached a copy of the request for
proposals. Ms. Steele informed the Commission that Staff would be using
GIS equipment to identify all City-owned trees, a value would be added in
terms of aesthetics, and they will identify the condition of the trees. The list
would be updated every five years. The trees would be treated as any
other asset of the City.
Commissioner Dawson asked how this program would define the trees
water usage. Does it fit in anywhere? Mr. Croy replied that it would not.
Staff is only looking at the inventory of the trees as Ms. Steele explained.
Commissioner Dawson asked if they would name the trees. Mr. Croy
responded yes; Staff would know the tree species name.
Commissioner Dawson commented that as result of the inventory, the City
could educate the public on what trees are acceptable for water usage
and which trees are good for the desert.
Mr. Croy indicated that is another project that is being worked on outside
of the Parks and Recreation Commission. He noted that the Coachella
Valley Water District is also involved.
Commissioner Babcock commented that the City of Carmel also did an
inventory of their trees, and suggested maybe having Staff look into how
they do it. He feels that it is good to know what kind of trees the City has.
Commissioner Barnes asked if the tree maintenance costs are taken into
consideration. He commented that the trees in his development grow very
fast, which is a huge factor in their assessment dues every year.
Mr. Croy noted that the tree inventory is being done for only City trees and
not private.
IX. COMMISSIONER COMMENTS
Councilman Spiegel asked for an update on boxing in Palm Desert. He
noted that he received correspondence from Jim Battin, Bonnie Garcia,
and John Benoit. They are endorsing the idea of boxing yet not offering
any money.
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PARKS AND RECREATION COMMISSION
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Ms. Steele stated that she was given the direction to look at incorporating
boxing into the new community center. The Joni Yard would take too
much renovation and does not have good parking.
Mr. Croy added that there is a misunderstanding. The City was only
assisting the parties find a location.
Councilman Spiegel remarked that he just wanted to know where it stood.
The boy's death in the City's park is still in his mind, and feels that it would
be a great idea.
Chair Guyer asked if the school could be used after hours. Ms. Steele
responded that the group is also looking for storage for equipment, which
schools do not have room.
Chair Guyer asked if the City could subsidize the group. Councilman
Spiegel communicated that the group would maintain the facility if the City
gives them a place to have boxing.
Chair Guyer remarked that the City does not have a facility available. The
next step would be to find a place that the City would pay for. Does the
City want to make that step?
Mr. Tanner asked if there are any vacant store fronts that could potentially
be used and parking could be shared. Ms. Steele replied yes. She
indicated that there is space, and that it is a matter of City priority.
Councilman Spiegel asked how much space is needed. Ms. Steele
answered that she does not recall, but that she could bring it back to the
Commission.
Mr. Tanner recalls that they could survive in 2000 feet.
Chair Guyer noted that most of the boxing is not in the ring.
Councilman Spiegel suggested taking a look if there is anything available
on Cook Street.
Mr. Tanner asked Councilman Spiegel if he was referring to the old Cook
Street area or the new Cook Street area. He responded the old Cook
Street area.
Councilman Spiegel checking to see if there is something the City could
lease for four or five years.
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Ms. Steele communicated that the Police Activity League offered their
assistance on any upgrading. They have contractors that are willing to
donate their time; the City may have to pay for materials.
Commissioner Barnes asked how violence is going to be reduced in
society today instead of increasing it. He commented that every channel
he turns to on the television has some type of violence. Chair Guyer
reminded him that he is asking that question to the Parks and Recreation
Commission, and he is not qualified to answer that question (jokingly).
Chair Guyer returned to the results of the Legends Field nominee.
Councilman Spiegel thanked those that attended Mr. David Garcia's
funeral services. It was very much appreciated.
Mr. Tanner commented that maintenance at Freedom Park has turned
around in the past finro to three weeks. The park is definitely being used.
Councilman Spiegel asked for an update on the community gardens. Ms.
Steele responded that a bid has been awarded. They should be
completed by the end of September minus the shade structure. She noted
that the shade structures always take a little longer. Everything should be
complete by no later than October, and in time for the Veteran's Day
celebration.
Councilman Spiegel asked if there are sign ups for the community garden.
Ms. Steele responded that she knows that Staff has received calls. She
noted that Ms. Frankie Riddle handles the community gardens.
Commissioner Barnes commented that he is pleased that Don Sutton has
been selected. He noted that he would be the fourth Hall of Famer to be
honored in the City of Palm Desert. He suggested having a Hall of Fame
Day celebration to honor the four baseball players.
Chair Guyer referred to a letter that was received by the Commission
regarding a seminar on the Brown Act.
X. ADJOURNMENT
Upon motion by Commissioner Barnard, seconded by Commissioner
Dawson, the meeting was adjourned at 9:44 a.m.
Monica Loredo, Recording Secretary
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