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HomeMy WebLinkAboutC27310 Lease for Fire Station Nos. 33, 67, & 71Contract No. C27310 CITY OF PALM DESERT DEVELOPMENT SERVICES STAFF REPORT REQUEST: APPROVAL OF LEASE BETWEEN THE CITY OF PALM DESERT AND THE COUNTY OF RIVERSIDE FOR FIRE STATIONS NO.33, 67, AND 71, AND NEW FIRE STATIONS AS THEY ARE PLACED IN SERVICE SUBMITTED BY: Stephen Y. Aryan, Assistant to the City Manager DATE: February 28, 2008 ATTACHMENT: Fire Station Lease Agreement Recommendation: By Minute Motion: 1. Approve an updated Lease between the City of Palm Desert and the County of Riverside for Fire Stations No.33, 67, and 71, and new Fire Stations as they are placed in service. Discussion: The City of Palm Desert's existing lease agreement for its three fire stations is over twenty-five years old and does not adequately address the issue of station maintenance and repair. The existing agreement states that the County of Riverside will be responsible for all maintenance up to one percent of the original station cost. This equates to approximately five -six thousand dollars per year for each stations for maintenance and repair. Subsequently, the City is approached by Fire Department Staff on a regular basis to address maintenance deficiencies. The updated lease agreement places custodial and routine maintenance responsibility to the County, through its Fire Department. These costs will be passed through to the City either through the Support Services Cost Allocation, or as a direct Invoice to the City, which will be reimbursed by the City. The lease agreement will also be valid for any new fire stations that enter into service in the City of Palm Desert and will be for a two and a half year term from January 1, 2008, to June 30, 2010. Fire Station Lease Agreement February 28, 2008 Page 2of2 Both County and City Counsel have reviewed and approved this agreement. Staff supports the new agreement in minimizing the time and cost incurred by City personnel in responding to routine maintenance items and respectfully requests Council approval. Submitted By: Reviewed By: Stephen Y. Aryan/ Assistant to the City Manager Approved By: Carlos L. Orte City Manager kilks-t-e. /Ric_ 0.1-itst.cgi Homer L. Croy ACM for Development Services Paul S. Gibson Director of Finance/City Treasurer CITY COUNCIL CTION: APPROVED DENIED RECEIVED OTHER MEETING DATE <. ,�, AYES: f-rC'I.ISC`> >- ri( ()(111 " E Pcil.i t l Ern NOES: NCSf)C ABSENT: tIr31'lt' ABSTAIN: nl rY)Q_ VERIFIED BY: /; tk I /Yf[Y Original on File with City Cle-e` Contract No. C27310 LEASE BETWEEN THE CITY OF PALM DESERT AND THE COUNTY OF RIVERSIDE FOR FIRE STATIONS NO. 33, 67, 71 AND NEW FIRE STATIONS AS THEY ARE PLACED IN SERVICE This Lease, made and entered into this 28th day of February, 2008, by and between the City of Palm Desert (hereinafter referred to as "City") and the County of Riverside (hereinafter referred to as "County") whereby the City leases to the County the property described below, upon the following terms and conditions: 1. DESCRIPTION The premises leased hereby (hereinafter referred to as "the premises"), include buildings located at 44400 Town Center Way (Station No 33), 73200 Mesa View Drive (Station No. 67), and 73995 Country Club Drive (Station No. 71), City of Palm Desert. County shall have the exclusive use and possession of the leased premises, subject to the terms and conditions set forth herein, including any new/relocated Fire Stations as they are placed in service. 2. USE A. All of the premises leased to County hereunder, are leased for the primary use as County fire fighting facilities, but may be used for other official business of County or City government when first approved by the County through the County Fire Chief, or his designee, and the City Manager, or his designee. B. County shall have the exclusive possession of the leased premises, subject to the terms and conditions set forth herein. 3. TITLE Notwithstanding paragraphs 2(A) and 2(B) above, title to the sites, buildings, and structures shall remain in the City, subject to the terms and conditions of this Lease. 4. TERM, RENEWAL, & TERMINATION A. This Lease Agreement shall be for an initial term of two and a half (2 1/2) years commencing on January 1, 2008, and shall continue until June 30, 2010, unless sooner terminated as provided for by mutual agreement of both parties to this Lease. B. Any holding over by County after the expiration of said term shall be deemed a month-to-month tenancy upon the same terms and conditions of this Lease. STATIONS LEASE CITY OF PALM DESERT January 1, 2008 to June 30, 2010 1 of 5 Contract No. C27310 5. CONSIDERATION The premises are leased to County in consideration of County's provision to City of fire protection services pursuant to the Cooperative Agreement and the operation and staffing of fire stations on the premises. As set forth in the Cooperative Agreement, County may perform such operations and staffing through its Cooperative Fire Programs Fire Protection Reimbursement Agreement with the California Department of Forestry and Fire Protection ("CAL FIRE"). 6. CUSTODIAL SERVICES County, through its Fire Department, shall provide for its own routine and preventative daily maintenance services, including but not limited to the cost of janitorial supplies, cleaning, and refinishing of interior surfaces. These costs will be passed through to the City either through the SuppoR Services Cost Allocation, or as a direct Invoice to the City, which will be reimbursed by the City. 7. UTILITIES City shall install, or cause to be installed, all utilities including, but not limited to, sewer, water, power, gas, telephone and other utility services. City shall assume total cost of utilities including water used for landscape purposes. 8. MAINTENANCE, REPAIR, REPLACEMENT A. City warrants that the leased premises are in good working condition and repair, and are suitable for the purposes contemplated herein. The City will be responsible for major repairs including, seismic mitigation measures, plumbing, replacement of roof covering, painting, landscape maintenance, emergency generator maintenance, air conditioning, apparatus doors, ramps, parking areas, driveway, heating systems, windows, exterior coverings, and removal and/or replacement of underground/above ground storage tanks and fuel systems. The County shall notify the City of any deficiencies in a timely manner. Routine and preventative maintenance items, not included above, shall also be the responsibility of the County. All maintenance and repair costs, including routine and preventative maintenance paid by the County, through the Fire Department, will be passed through to the City either through the Support Services Costs Allocation or as a direct Invoice to the City, which will be reimbursed by the City. The Captain at each City Fire Station shall meet quarterly with the City's Building Maintenance Manager to ensure that such routine and preventative maintenance is performed in accordance with City standards. Personnel from each station will also be responsible for monthly testing of the station's emergency generator system at a minimum. STATIONS LEASE CITY OF PALM DESERT January 1, 2008 to June 30, 2010 2of5 Contract No. C27310 B. All appliances installedlreplaced by City shall be the responsibility of the County for maintenance and repair. If the appliance cannot be repaired, then the City shall be responsible for replacement. C. To the extent permitted thereby, City shall extend to County the coverage provided in all factory warranties accompanying all appliances installed by City. 9. IMPROVEMENTS A. Any alterations, improvements or installations of fixtures to be undertaken by County shall have the prior consent of City, in writing. County is to submit a proposal for said alterations, improvements or fixtures, in writing, to City. Such written consent of City will not be unreasonable withheld. B. If the County occupies a new Fire Station, City shall be responsible for all repairs and maintenance covered by its construction and factory warranties, as well as for repair of all conditions which required repair, known and unknown, at the time the County took occupancy. 10. INSURANCE The City shall insure or legally self-insure the buildings for fire and other loss. The City will self insure for all losses from earthquake. The City will also insure or self insure as personal property the normal living contents within each fire station that would be present independent of who is living in the fire station at any given time. Normal living contents can include, but are not limited to furniture, lamps, carpets, computers, kitchen appliances, and electronic entertainment equipment. The City will, upon request, provide to the County letters of coverage confirming the insurance and any deductibles that may apply. The County acknowledges and agrees that the City does not extend insurance coverage to County-owned property within the fire station. The County agrees to provide insurance or self insure all County-owned property in the fire station such as, but not limited to, uniforms, radios, turnout gear, fire fighting equipment and tools, hoses, supplied air and other personal protective equipment, and medical equipment and supplies. This includes, but is not limited to, all County owned property located on or in each City owned and insured fire apparatus that is not part of the vehicle, such as radios, lights, and medical equipment and supplies. The County will also provide, as it determines to be necessary, insurance or self insurance covering the personal effects and I related property of the individual County firefighters living in the station. 11. LIABILITY A. County will assume liability and defend and hold the City harmless from loss, costs, or expenses caused by the negligent or wrongful acts or omission of County officers, agents and employees, occurring in the performance of this Lease between the STATIONS LEASE CITY OF PALM DESERT January 1, 2008 to June 30, 2010 3 of 5 Contract No. C27310 parties hereto, to the extent that such liability is imposed on the City by the provisions of Section 895.2 of the Government Code of the State of California. B. If City or County shall fail to keep any term, covenant, or condition herein, for a period of one hundred twenty (120) days after written notice thereof from the other party, City or County shall have the option to terminate this Lease. 12. ACCESS TO PREMISES A. City shall have reasonable right of access to the leased premises during normal working hours and in emergency or major disasters at all times. B. Any use of the facility by any group, public or private, for purposes other than its intended use as a fire station, must first be approved by County, through the County Fire Chief or his/her designee. Any such use shall in no way be allowed to interfere with or interrupt the fire fighting function of the leased facility, and shall be of a strictly temporary nature. 13. NOTICES Any written notices required or desired to be served by either party upon the other, shall be addressed to the respective parties as set forth below or such other addresses as from time to time shall be designated, in writing, by the respective parties: COLINTY OF RIVERSIDE: CITY OF PALM DESERT: County Fire Chief City Manager County of Riverside City of Paim Desert 210 W. San Jacinto Avenue 73-510 Fred Waring Drive Perris, CA 92570 Palm Desert, CA 92260 14. ENTIRE LEASE This Lease is intended by he parties hereto as the final expression of their agreement and as a complete and exclusive statement of the terms and conditions thereof, and supersedes any and aIl prior and/or contemporaneous subleases, leases, agreements and understandings, oral or written. This lease may be changed or modified by the parties hereto, only in writing; and, with the concurrence of both parties. /// STATIONS LEASE CITY OF PALM DESERT January 1, 2008 to June 30, 2010 4 of 5 Contract no. C27310 IN WITNESS WHEREOF, the duly authorized officials of the parties hereto have, in their respective capacities, set their hands as of the date first hereinabove written. Dated: County of Riverside By: Robert Field, Director Department of Facilities Management City of Palm Desert By: Mayor Attest: Approved as to form: By: By: City Clerk City Attorney PALM DESERT Fire Station Lease Aareement Final 021208.doc STATIONS LEASE CITY OF PALM DESERT January 1, 2008 to June 30, 2010 5 of 5