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HomeMy WebLinkAboutC32420 - Portola Commnuity Center Office SpaceContract No, C32420 CITY OF PALM DESERT SPECIAL PROGRAMS DEPARTMENT STAFF REPORT REQUEST: Authorize Jewish Family Services of the Desert to Temporarily Occupy Office Space at the Portola Community Center SUBMITTED BY: Frankie Riddle, Director of Special Programs APPLICANT: Jewish Family Services of the Desert DATE: December 13, 2012 CONTENTS: Agreement Recommendation By Minute Motion, 1. Authorize Jewish Family Services of the Desert (JFS) to occupy Office Space No. 3 and No. 5 at the Portola Community Center from January 1, 2013 through April 30, 2013. Discussion On November 17, 2012, City staff received a request to consider temporary occupancy by JFS for the planning of its 2013 Annual Fundraiser. The initial request was for December 2012 thru April 2013; however, after some discussion, the time period was changed to January 1, 2013 through April 30, 2013. The Portola Community Center Subcommittee met on Wednesday, November 28, 2012, to discuss various issues relative to the operation of the Portola Community Center. At that meeting, it was discussed whether or not to allow JFS to occupy office space at the Center on a temporary basis. The subcommittee recommended that JFS be allowed to occupy office space from January 1, 2013, thru April 30, 2013. Fiscal Analysis Jewish Family Services of the Desert requested approval to lease two office spaces. If approved, JFS will be the first tenants to lease space at the recently reduced lease rate of $1.00 per square foot, per month. With the leasing of two office spaces, monthly rental cost will be $258 for a total of $1,032 ($258 x 4 months = $1,032). Submitted By: Cr" COUNCIL ACTION APPROVED DEMED RECEIVED OTHER �� Frankie Riddl , Director of Special Programs MEETING DATE aplZ Ap�r�val: AVES: k�� 1 NOES: r- ABSENT: BSTAIN:. n� � Jo . Wohlmuth, City Manager VERIFIFD By: K,11 Original on File with City Clert �--- LEASE AGREEMENT This Lease is entered into this 13th day of December, 2012, by and between the CITY OF PALM DESERT, a municipal corporation (the "Lessor"), and Jewish Family Services of the Desert (JFS), a non-profit organization (the "Lessee"). WITNESSETH 1. PREMISES. Lessor hereby leases to Lessee and Lessee hereby hires from Lessor that certain space (the "Leased Space") on the first floor of the building at 45-580 Portola Avenue in the City of Palm Desert, California, commonly known as the Portola Community Center (the "Building"). The Leased Space is more particularly described in Exhibit "B," attached hereto and incorporated herein by this reference. The Leased Space consists of a total of two offices — Office Space No. 3 and No. 5 ( 258 square feet of office space). 2. TERM. The term of the Lease shall be for a period of four (4) months, commencing on January 1, 2013 thru April 30, 2013, at which time the lease will terminate. 3. AUTOMATIC RENEWAL OF LEASE TERM. Since this is a temporary lease, there is no automatic renewal option. Temporary tenant agrees to vacate premises on or before April 30, 2013. 4. RENT. Lessee shall pay to Lessor for rent on the Leased Space the sum of $1,032.00 (One -Thousand Thirty -Two Dollars) ($1.00 per square foot, per month, for four months - $258.00 x 4 months = $1,032.00). Said rent shall be payable in full prior to the January 1, 2013, occupancy date. 5. USE OF PREMISES. The Leased Space shall be used for general office purposes by Lessee and for no other uses without the prior written consent of Lessor. 6. CONDITION OF RENTAL. Lessee shall at all times during the course of this Lease, or any extension thereof, keep and maintain its tax-exempt status under Internal Revenue Code Section 501(c)(3) or its tax-exempt status as a governmental entity as approved by Lessee. 7. COMMON AREAS OF BUILDING. A. Use of Common Areas. Lessee shall have the nonexclusive right during the term of this Lease to use the common areas of the Building itself, its employees, agents, clients, invitees and licensees. The term "common areas" means the portions of the Building that, at the time in question, have been designated and improved for common use by and for the benefit of more than one Lessee in the Building, including, but not limited to, the parking areas, landscaped area, exterior walks, interior corridors, restrooms, reception area and community room. B. Use of Community Room After Hours. In the event that Lessee requires the use of the community room after hours, Lessee shall pay to Lessor the sum of Thirty -Five Dollars ($35.00) per hour for said use. After hours shall be defined as Monday through Friday, after 8:30 p.m., Saturdays, Sundays, and holidays. 8. UTILITIES. A. Lessor's Obligations. Lessor shall, at Lessor's sole cost and expense, provide the following utilities for the Leased Space and Building: water, gas, and electric. Telephone, internet, or other service shall be provided by Lessor only for the reception area of the Building. 2 B. Lessee's Obligations. Lessee shall, at Lessee's sole cost and expense, pay for all telephone, internet, or other services required by the Lessee, together with any taxes thereon and connection charges, for the Leased Space. 9. FURNISHINGS. A. Lessor's Obligations. Lessor shall provide the following furnishings for the Building: 1. , Desks, file cabinets and general office furniture shall be provided in the receptionist area only. 2. Five (5) banquet tables and fifty (50) stackable chairs shall be provided in the community room. B. Lessee's Obligations. Lessee shall provide the following furnishings for the Leased Space and Building: 1. All office furnishings for the Leased Space. 2. Any additional furniture needed for special events sponsored by Lessee, other than the furniture provided by Lessor in accordance with Section 10.A above. 10. MAINTENANCE. A. Lessor's Obligations. Except as otherwise provided herein, Lessor shall, at Lessor's sole cost and expense, perform all outside common area landscape maintenance, all common area Building maintenance, and all common area janitorial maintenance. Janitorial maintenance services shall be available Monday through Friday, 4:30 p.m. to 8:30 p.m. 3 B. Lessee's Obligations. Except as otherwise provided herein, Lessee shall, at Lessee's sole cost and expense, provide any and all cleaning and janitorial services required in the Leased Space. 11. INSPECTION BY LESSOR. Lessee shall permit Lessor or Lessor's agents, representatives or employees to enter the Leased Space at all reasonable times for the purpose of inspecting the Leased Space to determine whether Lessee is complying with the terms of this Lease and for the purpose of doing other lawful acts that may be necessary to protect Lessee's interest in the Leased Space under this Lease. 12. ENTRY BY LESSOR. Lessor shall retain a key to the Leased space, so that it may have access to enter the Leased Space (a) in the event of an emergency; (b) to make necessary or agreed repairs and supply necessary or agreed services; and (c) to exhibit the Leased Space to prospective or actual purchasers, mortgagees, tenants, workers or contractors. In the event that Lessee changes the locks to the Leased Space, Lessee shall immediately provide Lessor with a new key so that Lessor can have access to and enter the Leased Space pursuant to this Paragraph. 13. RULES AND REGULATIONS. Lessee shall fully and faithfully comply with and observe all rules and regulations set forth in the Facility Operational Guidelines, attached hereto as Exhibit "B" and incorporated herein by this reference. 14. INSURANCE. A. Liability Insurance. Lessor shall, at Lessee's sole cost and expense, procure and maintain for the duration of the contract, general liability insurance against claims for injuries to persons or damages to property, which may 11 arise from or in conjunction with the Lessee's operation and use of Leased Space. Said insurance shall be in an amount not less than One Million Dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. The general aggregate limit shall apply to this location or the general aggregate limits shall be twice the occurrence limit. Any deductibles or self -insured retentions must be declared to and approved by the Risk Manager. The general liability policy shall be endorsed to contain the following provisions: 1. The City, its officers, employees and volunteers are to be covered as additional insureds with respect to liability arising out of the premises owned, occupied or used by the Lessee. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, employees and volunteers. 2. The Lessee's insurance coverage shall be the primary insurance with respect to the premises owned, occupied or used by the Lessee. Any insurance or self-insurance maintained by the City, its officers, employees and volunteers shall be in addition to the Lessee's insurance and shall not contribute to it. 3. Any failure to comply with the reporting or other provisions of the insurance policies, including breach of warranties, shall not affect coverage provided to the City, its officers, employees or volunteers. 4. The insurance policy shall state that Lessee's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5 5. Each insurance policy required shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits, except after thirty (3) days' prior written notice by certified mail, return receipt requested, has been given to the City (Lessor). Insurance shall be placed with a current A.M. Best's rating of not less than A: VII. B. Personal Property Insurance. During the term of the Lease, and any extension thereof, Lessee shall procure and maintain full replacement cost insurance against theft, and for all risks of loss to any tenant improvements or betterments, with no coinsurance penalty provisions. The cost of such insurance shall be borne by the Lessee. C. Workers' Compensation Insurance. The Lessee shall procure and maintain Workers' Compensation Insurance as required by the State of California, and shall procure and maintain Employer's liability insurance (for Lessees with employees), in an amount not less than One Million Dollars ($1,000,000) per accident for bodily injury or disease. D. Verification of Coverage. Lessee shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf and are to be provided on standard ISO forms. All endorsements are to be received by the Risk Manager prior to commencing any tenant improvements or utilization of the Leased Space. 15. INDEMNIFICATION. Lessee shall save, indemnify and hold harmless the City (Lessor), its officers, employees and volunteers from any and all claims, demands 0 or liability arising from any injury or damage to any person or property: (a) occurring in, on or about the Leased Space; and (b) occurring in, on or about the common areas when the injury or damage was caused, in part or whole, by alleged acts or omissions by Lessee, its officers, agents, or employees. Lessor shall save, defend and hold harmless Lessee, its officers, agents and employees from any and all claims, demands or liability arising from any injury or damage occurring in, on or about the common areas when that injury or damage was caused, in whole or in part, by alleged acts or omissions by Lessor, its officers, agents and employees. 16. SUBLETTING AND ASSIGNMENTS. Lessee shall not assign or sublease this Lease, or any interest therein, without first obtaining the prior written consent of Lessor. Lessor agrees to not unreasonably without such consent. 17. DESTRUCTION OF PREMISES. In the event the Building is damaged or destroyed by fire, flood, explosion, earthquake, public enemy, riot, civil commotion or act of God, Lessor shall repair the Building with due diligence. The rent payable under the Lease shall be abated from the date of damage until the completion of the repairs. Notwithstanding the foregoing, if the Leased Space of Building cannot be repaired within six months from the date of the event causing the damage, Lessor or Lessee may elect to terminate the Lease by giving the other party written notice within thirty (30) days after the event causing the damage or destruction. 18. TERMINATION OF LEASE. Except as otherwise provided herein, Lessee or Lessor may terminate this Lease at any time after giving sixty (60) days prior written notice to the other party. In the event Lessee or Lessor terminates this Lease prior to 7 the completion of any Lease term, Lessor shall refund to Lessee the prorated share of rent paid by Lessee for that Lease term. 19. DEFAULT IN PERFORMANCE BY TENANT. The failure by Lessee to observe and perform any provision of this Lease to be performed or observed by it shall constitute a default and breach of this Lease when that failure continues for thirty (30) days after written notice of Lessee's failure is given by Lessor; provided, however, that if the nature of the default is such that it cannot be cured within said thirty (30) day period, Lessee shall not be deemed to be in default if Lessee commences that cure within the thirty (30) day period and thereafter diligently proceeds to completely cure the default. 20. MISCELLANEOUS. A. Governing Law. This Lease shall be governed by and interpreted under the laws of the State of California. B. Binding on Successors. The covenants, conditions and agreements of this Lease shall be binding upon and shall inure to the benefit of the representatives, successors and assigns of the parties hereto. C. Entire Agreement. This Lease contains the entire agreement between the parties, and supersedes any prior or written statements or agreements between the parties hereto. D. Waiver of Breach. The waiver of Lessor of any breach by Lessee of any provision of this Lease shall not constitute a continuing waiver or a waiver of any subsequent default or breach of Lessee either of the same or a different provision of this Lease. E. Notices. Except as otherwise provided by law, any and all notices or communications required or permitted by this Lease or by law to be served on or given to either party to this Lease by the other party shall be in writing, and shall be deemed served and given when deposited in the United States mail, first-class postage prepaid, addressed as follows: LESSOR: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 LESSEE: Phone: Email: F. Attorneys' Fees. In the event of any controversy, claim or dispute between the parties, hereto, arising out of or relating to this Lease, or breach thereof, the prevailing party shall be entitled to recover from the other party all reasonable expenses, attorneys' fees and costs, including the cost of enforcing any judgment contained in such action. G. Severability. If any portion of this Lease is declared by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions of this Lease shall remain in full force and effect. H. Counterparts. This Lease may be signed in counterparts, each of which shall constitute an original and which shall collectively refer to one instrument. E IN WITNESS WHEREOF, the parties hereto have executed this Lease the day and year first above written. LESSOR: CITY OF PALM DESERT LESSEE: By: By: ROBERT A. SPIEGEL, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK Print Name: Title: 10 Riddle, Frankie From: Becky J. Goebel [bgoebel@jfsdesert.org] Sent: Friday, December 07, 2012 2:46 PM To: Riddle, Frankie Cc: Manstadt Subject: JFS Lease space request Good Afternoon Frankie, We have just been informed that we will not need to rent the space at the Portola Community Center as we originally requested. I wanted to let you know before it actually went before the council on the 13cn Thank you for all of your assistance in this project and we look forward to working with you again in the future. Becky Goebel Office Administrator Jewish Family Service 801 E. Tahquitz Canyon Way Suite 202 Palm Springs, CA 92262 o 0 ar-r rn © M=m (/�X— = - "' m co n o a cn 1