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Home My WebLink AboutPortola Cmnty Ctr - Lease Space Nos 4 and 5 CITY OF PALM DESERT ' / SPECIAL PROGRAMS DEPARTMENT � � STAFF REPORT REQUEST: Ratify Academic Journey's Lease of Office Space at the Portola Community Center SUBMITTED BY: Frankie Riddle, Director of Special Programs APPLICANT: Academic Journey Danitza Borges 73-625 Hwy 111, #B Palm Desert, CA 92260 (760) 880-8111 tenkforme(c�aol.com DATE: February 28, 2013 CONTENTS: None Recommendation By Minute Motion:. Ratify Academic Journey's Lease of Office Space No. 4 as of March 1, 2013, and Office Space No. 5, as of February 1, 2013, at the Portola Community Center. Discussion In effort to be in line with current lease rates, at its meeting of August 23, 2012, City Council reduced the lease rate at the Portola Community Center from $1.50 per square foot to $1.00 per square foot. Additionally, at that meeting, City Council established a Subcommittee to review use and leasing of space at the Portola Community Center. The Portola Community Center Subcommittee discussed potentially opening use of the facility and community rooms to for-profit businesses and organizations to encourage more use of the facility and obtain tenants for the vacant spaces. Staff discussed this option with City Attorney Dave Erwin who reviewed the Quick Claim Deed and determined that there were no restrictions noted within the deed that would restrict the use of the property/facility. Therefore, the Subcommittee opted to open the use and lease options to for-profit businesses and organizations. However, during six month schedule reviewing, priority will be given to non-profit organizations where and when conflicts arise. STAFF REPORT ACADEMIC JOURNEY'S LEASE AT THE PORTOLA COMMUNITY CENTER PAGE 2 FEBRUARY 28, 2013 Staff placed an article advertising office space in the City's BrightSide Newsletter and also on the City's website. As a result, staff was contact by Ms. Borges of Academic Journey (a for-profit tutoring service) who was interested in leasing two office spaces at the facility. With leasing the above finro offices, along with the Palm Desert Historical Society's lease and relocation of the Citizens on Patrol (COPS) Program to the facility in April 2013, there will be no vacant office spaces within the facility. Fiscal Analvsis The lease of office space to Academic Journey will have no negative impact to the City's General Fund. Rental of the two (2) office spaces will generate $3,096 annually. Submitted By: CITY COUNCILACTION APPROVED,✓� DI�'NiF.D Frankie Rid , Direc or of Special Programs ECEIVED OTHER Approval: MEETING DATE-- a-a�-aDf 3 AYF,S: � �p��IP�c►e., T�er� �) e,�,��. , NOES: �o�_, _�_�__ __. ,%`��J� ARSENT: �ltine, ' � ABSTAII�1:�rn P- RIFIED BY: IZl��( !—�.y . n M. Wohlmuth, Cit Mana er �-�—'-�-�-� Y 9 Original on File with City Cia�k��c's Officc LEASE AGI�EEMENT This Lease is entered into this 1St day of Februarv, 2013, by and between the CITY OF PALM DESERT, a municipal corporation (the "Lessor"), and the ACADEMIC JOURNEY, a Sole Proprietorship (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 Cen#er (the "Building"). The Leased Space is more particularly described in Exhibit "B," attached hereto and incorporated herein by this reference. The �eased Space (Office Space No. 5) consists of a total of One Hundred Twentv-eiqht (128) square feet of office space. 2. TERM. The term of the Lease shall be for a period of one (1) year, commencing February 1, 2013, and continuing thereafter until February 28. 2014, unless terminated earlier as provided in the Lease. 3. AUTOMATIC RENEWAL OF LEASE TERM. Provided that Lessee is not in default hereunder, the Lease term shall be automatically renewed for one-year periods, subject to the same terms and conditions set forth herein. All renewal terms shall commence on the day immediately succeeding the expiration date of the previous Lease term. In the event Lessee does not wish the Lease term to automatically renew, Lessee shall give Lessor not less than sixty (60) days written notice prior to the expiration date of the initial Lease term or the renewal term as the case may be. PORTOLA COMMUNITY CENTER LEASE AGREEMENT 4. RENT. Lessee shall annually pay to Lessor as and for rent on the Leased Space the sum of One Thousand Five Hundred-Thirtv Six Dollars (cost breakdown: $1.00 per square foot x 128 square feet x 12 months=$1,536.00). Said rent shall be payable on or before the commencement date of this Lease Agreement or any renewal term thereof. 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 appraved 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 Communitv 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 Thirteen ($13.00) per hour for said use. After hours shall be defined as Monday through Friday, after 8:30 p.m., Saturdays, Sundays and holidays. 2 Updated 1/23/13 PORTOLA COMMUNITY CENTER LEASE AGREEMENT 8. UTILITIES. A. Lessor's Obliqations. Lessor shall, at Lessor's sole cost and expense, provide the following utilities for the Leased Space and Building: water, gas, electric, and cable television. Telephone service shall be provided by Lessor only for the reception area of the Building. B. Lessee's Obliqations. Lessee shall, at Lessee's sole cost and expense, pay for all telephone service charges, together with any taxes thereon and connection charges, for the Leased Space. 9. STAFFING OF RECEPTION AREA AND SECRETARIAL SERVICES. Lessor shall provide a receptionist to staff the reception area of the building and provide secretarial assistance (except answering the phone) based on square footage of occupied office space. The number of secretarial hours provided for the above listed square footage is 5.12 per month. Said services shall be available Monday through Friday, 8 a.m. to 5 p.m., excluding lunch hours, holidays, and weekends. (This service may not continue after March 31, 2013, as a result all new agreements will include the following termination clause.) Upon notice by the Lessor to the Lessee that receptionist/secretarial services have been terminated, Lessee accepts that services will be terminated effective immediately. 10. FURNISHINGS. A. Lessor's Obliqations. Lessor shall provide the following furnishings for the Building: 1. Desks, file cabinets and general office furniture shall be provided in the community room(s). 3 Updated 1/23/13 PORTOLA COMMUNITY CENTER LEASE AGREEMENT 2. Approximately five (5) banquet tables and fifty (50) stackable chairs shall be provided in the community room (s). B. Lessee's Obliqations. 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 10A above. 11. 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. 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. C. Recvclinq: Per AB939, the City of Palm Desert is required to divert 50% of its waste from the landfill and implement diversion programs. In order to meet this mandate, the City, all City owned facilities, and contractors performing work for the City, are required to participate in recycling programs, (e.g. chemicals, batteries, electronic waste, construction and demolition waste, bottles, cans, paper, plastic, etc). and all environmental and conservation programs. Therefore, the Lessee agrees to participate in the City of Palm Desert's recycling programs, (office recycling, household 4 Updated 1/23/13 PORTOLA COMMUNITY CENTER LEASE AGREEMENT hazardous waste, etc.). The City shail provide recycling containers and education to all tenants regarding any existing and future recycling, environmental, and conservation programs. 12. 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. 13. 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. 14. RULES AND REGULATIDNS. Lessee shall fully and faithfully comply with and observe all rules and regulations set forth in the Facility Use Agreement, attached hereto as Exhibit "A" and incorporated herein by this reference. 15. INSURANCE. A. Liabilitv Insurance. Lessee shall, at Lessor'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 5 Updated 1/23/13 PORTOLA COMMUNITY CENTER LEASE AGREEMENT 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. 6 Updated 1/23/13 PORTOLA COMMUNITY CENTER LEASE AGREEMENT 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 (30) days' prior written notice by certified mail, return receipt requested, has been given to the City (Lessor). 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 ($1,0OO,OQO) per accident for bodily injury or disease. D. Verification of Coveraqe. 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. 16. INDEMNIFICATION. Lessee shall save, indemnify and hold harmless the City (Lessor), its officers, employees and volunteers from any and all claims, demands or liability arising from any injury or damage to any person or property: (a) occurring in, 7 Updated 1/23/13 PORTOLA COMMUNITY CENTER LEASE AGREEMENT on or about the Leased Space; and (b) accurring 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. 17. SUBLETTING AND ASSIGNMENTS. Lessee shall not assign or sublease this Lease, or any interest therein, without first obtaining the prior written consent of Lessor. 18. 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. 19. 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 Lessor terminates this Lease prior to the completion of any Lease term, Lessor shall refund to Lessee the prorated share of rent g Updated 1/23/13 PORTOLA COMMUNITY CENTER LEASE AGREEMENT paid by Lessee for the remaining Lease term. In the event Lessee terminates this Lease prior to the completion of any Lease term, Lessor shall not refund to Lessee any prorated share of rent paid by Lessee for the remaining Lease term. 20. 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. 21. MISCELLANEOUS. A. Governinq Law. This Lease shall be governed by and interpreted under the laws of the State of California. B. Bindinq 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 Aqreement. This Lease contains the entire agreement between the parties, and supersedes any prior or written statements or agreements befinreen 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. 9 Updated 1/23/13 PORTOLA COMMUNITY CENTER LEASE AGREEMENT 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: LESSEE: City of Palm Desert Dani Borges 73-510 Fred Waring Drive 73-625 Hwy 111, #B Palm Desert, CA 92260 Palm Desert, CA 92260 (760) 880-8111 tenkforme@aol.com 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. Severabilitv. 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. IN WITNESS WHEREOF, the parties hereto have executed this Lease the day and year first above written. 1� Updated 1/23113 PORTOLA COMMUNITY CENTER LEASE AGREEMENT LESSOR: LESSEE: CITY OF PALM DESERT ACADEMIC JOURNEY /l' , � B �../` y. - �' N C. HA IK, MAYOR ATTEST: i�� Pr' me: , c..c9-�v-e-l� Rachelle D. Klassen, City Clerk Title: EXHIBIT "B" PORTOLA COMMUNITY CENTER LEASED SPACE AND SECRETARIAL SERVICES The Lease Space (office space number) and the associated secretarial service hours for each within the Portola Community Center are listed below: 1. O�ce Space Number 1: 132 sq. ft. x .04 hrs/month = 5.28 hrs per month 2. Office Space Number 2: 155 sq. ft. x .04 hrs/month = 6.2 hrs per month 3. Office Space Number 3: 130 sq. ft. x .04 hrs/month = 5.2 hrs per month 4. Office Space Number 4: 130 sq. ft. x .04 hrs/month = 5.2 hrs per month 11 Updated 1/23/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �,r�r�� . .. .. . .. :. : .. .. . . . ., . . . .� , ,. . . . .. . . . .. .. . :. .. >. . . . �, �,�:r,r�c�,�:r..�.rc.xr,�.�r.cr,rr�.�c,c�r.��r.c�r,rc.rr.c r,�:r,rr.,�c��,�r.,z*r�.�*.cr.�r.c�c�,.c�e„r��z�c�.<:r.<:�,�+.c��.cr�r�.rr�:c�,c�r..�c��s.� � State of Califorrna �, � County of Riverside � �� ',,,ttt OnF-f'�u«r�j`�� f� before me, M. G. Sanchez, Notary Public � � ate Here Insert Name and Tiqe ol the 011icer � fi�� Jan C. Harnik ----------------------------------- �i personally appeared � „� Na+ne(s)ot Siyner(s) � ys;, �, � , �� i�• ,� who praved to me on the basis of satisfactory � � evidence to be the person¢s) whose name(s) is/�x � � subscribed to the within instrument and acknowledged � '� to me that i�g/shef�y executed the same in �.'�' fi �aos/her/#t�i� authorized capacity(iss�, and that by � �� o�/her�tl�� signature(s) on the instrument the � person(sj, or the entity upon behalf of which the � '� M.G.SANCHEZ person(�) acted, executed the instrument. ��i � Commisslon#� 1906339 %S '� � � Notary Public-California � I certify under PENALTY OF PERJURY under the `� '� = Riverside County laws of the State of California that the foregoing � � My Comm.Ex ires Oct 29,2014+ �� paragraph is true and correct. � � � WITNESS my hand and fficial seal. � � as � ; , �J '� Signature: �� "� � ��<. Place Notary Seal Above afure of Notary P�b`fic � OPTIONAL � � Though the information below is not required by law,it may prove vafuable to p rsons re/ying on fh documen ?� � and could prevent fraudulent removal and reattachment of t�tis.fo, o another docume t. Z�I � Description of Attached Document J � �'�. Title or Type of Document: �-�� A��rrr�ih+ -��-'��'jj�/C ;.lO�rryle y: eS,�"'fc� �tJo `�� i`",,� _ � � Document Date: F��'�t��'�� `'��r� Number of Pages: � i � Signer(s)Other Than Named Above: � Capacity(ies)Claimed by Signer(s) � � Signer's Name: �� ` �Q»>��- Signer's Name: � � � O Corporate Officer—Title(s): ❑Corporate Officer—Title(s): � �`�. ❑ Individual � � =_- ❑1 ividual � . � - '' ❑ Partner—[�Limited 0 General Top of thumb here ❑Partn —U Limited ❑General Top of thumb here � � ❑ Attorney in Fact C]Attorney in ct � �` Cl Trustee ❑Trustee � � � Guardian or Conservator ❑Guardian or Conservat � � �-�'other: yh��-/�)' L�Other: � � �`'� � �� Signer Is Re resenting: Signer Is Representing: � (�,fi�c� ��llYa✓..�C�SCi� ;� � � ��'�d�5�k�?�:�5��=4^�iS^,^�w,wk&cSs�`�v*�. .^�'1.,.^�e•'�%�.'�n^�4��'c.^S�^�t,^�'?�a�'�`..'�.."'��i•^�<.^��.^sw�.^S�f,^c,4s.'�c�."'�`�`&Wn;�i'�:��:`�S��c,•^�-'�.^�S."'�.�'_c,^4�u'S;•*o-`��t.-�ar,,�! �2009 NaUonal Notary AssociaHon•NeHonalNotary.org•1-800-US NOTARY(1-800-676-6827) Item 55907 PORTOLA COMMUNITY CENTER LEASE AGREEMENT 5. Office Space Number 5: 128 sq. ft. x .04 hrs/month = 5.12 hrs per month 6. Office Space Number 6: 227.5 sq. ft. x .04 hrslmonth = 9.1 hrs per month 7. Office Space Number 7: 192.5 sq. ft. x .04 hrs/month = 7.7 hrs per month Note: Secretarial services shall be provided by the facility manager/coordinator. Scheduling and tracking of services will be maintained by the facility manager/coordinator. (Hours shall be rounded up if over .50 and down if under .50) 12 Updated 1/23/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ��V��«� On � ��+' �� before me, �'�� ^Q `� d �l �G Date me and Title ot Oflicer e ., ane Doe,No ry Public") personally appeared ��1 Name(s)o Signer(s) , � p rsonaily known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)whose name(s)is/are subscribed to the =°'�,,;'a;,�^�COLETfE�EGGEB�RAA7ENZ within instrument and acknowledged to me that :-+ ,, comm.#�9s92oo, he/she/they executed the same in his/her/their authorized o Notory Publlo-Cqtifamia 9 ��' �Y T = R�verside County MyCommisslonEXP��eS� capacity(ies), and that by his/her/their signature(s) on the Z'i"'�'i"i++��c�,�mq��,3°,,�0�6��;: instrument the person(s), or the entity upon behalf of � which the person(s) acted, executed the instrument. . � WITNESS my hand and official seal, Place Notary Seal Above � Signature oi No �c OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on fhe document and could prevent fraudulent removal and reattachment of this iorm fo another document. Description of Attached Docum n� t _ � Title or Type of Document: �.�A, Document Date: � '� Number of Pages: i Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) �Si ner's Name: Signer's Name: Individual ❑ Individual ❑ Corporate Officer —Title(s): ❑Corporate Officer —Title(s): ❑ Partner— O Limited ❑General . ❑Partner — � Limited ❑General ❑ Attorney in Fact ' �" ❑Attorney in Fact ' ' Top of thumb here Top of thumb here ❑ Trustee O Trustee ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: m 2006 National Notary Association•9350 De Soto Ave.,P.O.8ox 2402•Chatsworth,CA 97313-2402 Nem No.5907 Reorder:Call Toll-Free 1-800-876-6827 EXHIBIT "A" PORTOLA COMMUNITY CENTER 45-480 PORTOLA AVENUE, PALM DESERT, CA 92260 Fi��1Lj7"Y US�AGREEMFNI' 1. Applications to use the facility must be submitted on the form provided by the Portola Community Center. The application musf be signed by an adult age 21 and over who will attend, supervise, and be responsible for the entire evenf or activity. A reservation calendar for use of the Portola Community Center will be developed every six months. 2. Applicants must provide all information required to assure compliance with the requirements and regulations of the facility. If any incompiete or incorrect information is provided on the application (i.e. confact information, nature of event, expected attendance), facility staff may immediately cancel the rental without refund of fees of deposit. 3. Approval or denial of an application will be made within seven (7) working days of receipt of the complefed application. 4. Exceptions may be made by the City of Palm Desert and Portola Community Center and appeals can be made to the City Manager. 5. A non-refundable After Hours Use of Facility Fee of$15.00 per hour (two hour minimum charge) shall be required for scheduling any meetings before the hours of 8:00 a.m. and/or after the hours of 8.�30 p.m. Monday through Friday, or Saturdays between the hours of 5:00 a.m. to 8:30 p.m. Payment of the After Hours Use of Facility Fee must be made at leasf two (2) weeks in advance of fhe meeting date requested and made payable to the Coachella Valley Recreafion and Park District. 6. Public meetings shall conclude no later than 8:30 p.m. on all days. 7. Hours requested on application should include time for your group's sef up and clean up needs, 8. A security deposit of 150.00 will be required for all rentals and must be submitted within two (2) days after notification of applicafion approval made payable to the Coachella Valley Recreation and Park District. 9. All users of the facility shall enforce and not exceed the maximum occupancy of 75 people. 10. All users of the facility shall be responsible for c/ean up after each meeting. After inspection of the facility, if a determination is made that the facility has not been left in clean and/or safisfacfory order, all or a portion of the deposit may be forfeited by the organization and retained by fhe facility. No security deposit shall be charged to the City of Palm Desert. 11. Facilities and equrpment are fo be left in the same condition as they were prior to the rental. The organization is responsible to pay a fee equal to total replacement for any damage to facility or/oss of property. Security deposit will be held until total repair/replacemenf cost is determined and repair/replacement is complete. 12. No preparafion of any kind will be permitted in/or on the walls, f/oors, ceiling, or fixtures. This includes tape, tacks, nails, pufty, screws, sfap/es, decals, powders, wax, paint, etc. Rice, birdseed, confetti, glitter, or any similar items may not be used inside or oufside the facility. No fog or smoke machines are permitted. PORTOLA COMMUNTIY CENTER FAC/LITY USE AGREEMENT PAGE 2 of 3 13. No food or drink is allowed inside the facility except during organized funcfions. 14. Portola Community Center is a non-smoking facility. Pursuant to California State Law, smoking is not permitted within 40'of all entrances or exits of public facilities. 15. No alcoholic beverages are permitted on the facilify property. For special events, the City Council or City Manager may grant special per.mission per Palm Desert Municipal Code Section 9.85.040. Requests must be received prior to the evenf. 16. No narcotics or controlled substances are permitted in fhe facility. 17. No profane language, quarrelling, fighting, gambling, vandalism, or disorderly or illegal conduct is permitfed during use of the facility. 18. Programs offered in and during the use of the facility shall not contain any matter which might tend to cause a breach of the peace and which consfifutes subversive doctrine, seditious utterances, and which agitate changes in our form of government or social order by violence or unlawful mefhods. 19. Similar type organizations are subject to a 25% limit of facility rental, e.g. subsfance abuse groups, youfh groups, etc. Each group will only be approved for up to 25% of overall facility use. 20. All children under the age of 90 must be accompanied by an adult over the age of 18. Note: Accompany means within c/ose proximity (arms distance, for example). Youth organizations (ages 11-18) must have one adult to every 10 minors in attendance that shall remain at the facility for fhe duration of the activity. 21. Pets, other than those assisting persons with disabilities; are not permifted on the facility property. 22. The facility is not responsible for lost or stolen items. It is strongly recommended that items of value not be brought onfo the premises. 23. Facilify sfaff requires prior approval for equipment and services brought in and not directly provided by the facility. 24. The Facility Use Agreemenf shall not be transferred, assigned, or sublet to any third party. This Agreement is issued for a speci�c use of the facility and for speci�c hours. 25. Applicants sha11 not grant use of the facility to any third party or charge admission fees (i.e. c/asses, workshops, meefing dues) withouf written permission from the Cify of Palm Desert. 26. All meeting cancellations must be submitted to facility staff with a two (2) week cancellation notice required allowing for flexibility in scheduling anofher meeting in its place. 27. Due to the severe parking conditions at the facility on Sundays, there shall be no public meetings scheduled for fhat day. 28. Doors must remain unlocked during hours of use. 29. The City of Palm Desert and the Coache//a Valley Recreation and Park District may revoke reservations at its discretion. PORTOLA COMMUNTIY CENTER FACILITY USE AGREEMENT PAGE 3 of 3 ' 30. In addition to the rules governing use of the facility, the organization shall a/so compiy with all applicable local ordinances of the City of Palm Desert and State and Federal laws. 31. The facitity user may not use the City of Palm Desert as a sponsor of the activity and may nof list the Portola Community Center's phone number as the contact in any written materials associated with the rental of the facility. Facility staff may require copies of all promotional materials used in conjunction with the organization and its use of the facility. 32. The City of Palm Desert assumes no legal responsibility and is rtot liable for personal injuries, thefts, or/osses of private property while on the facility premises. The organization, if non-profit, is required to mainfain in full force and effect, at the organizafions expense, general liabilify insurance in the amount of not less than $1,000,000 from an admitted carrier in the State of California with a Best Rating of A Vll or higher. The policy shall name the City of Palm Desert and the Coachella Valley Recreation and Park District as additional insured. The City's Risk Manager, when it is deemed to be in the best interest of the general public, may require additional insurance in the amount sufficienf to cover the activity to be held at the facility or may waive the insurance requirement. A Certificate of lnsurance and Additional Insured Endorsement evidencing the required coverage shall be provided to the facility at/east seven (7) business days in advance of the scheduled event Failure fo due so may result in cancellation of the event. The Certi�cate and Endorsement shall be subject to facility staff approval for adequacy and protection. 33. Verification of receipt of Exhibif"A"and completion of the Application for Use of Facility. 34. Per A8939, the City of Palm Desert is required to divert 50% of its waste from the landfill and impiement diversion programs. Facility users (applicants and participants) agree to recycle and participate in all environmental and conservation programs while using the Henderson Community Building. Violation of any of this Facilify Use Agreement by any organization during occupancy shall be sufficient cause for denying further use of the facility to the organization. Applicants will be held responsible fo see that the rules and regulations lisfed above are strictly enforced. The undersigned has read and fully understands and agrees to the City of Palm Desert and the Coache//a Valley Recreation and Park District's Facility Use Rules. The undersigned understands that as a facility user, in addition to paying for all damages to premises and facility, there may be a forfeiture of ail or part of the security deposit should any of fhe rules listed above become violated. The applicant understands that no refund on rental fees will be given without a two (2) week written notification of canceilation. The undersigned understands that the security deposit will be returned two weeks after the event, if none of the above rules have been violated. l, the undersigned, acknowledge that I have read the Portola Community Center's Facilify Use Agreement agree to abide and enforce with my organization all of the rules set forth by the City of Palm De ert a d the Goachella lley Recreation and Park's District. �tv�t�, U S. Print Nam (Repre ent ti e of Applica Title Sig a re Date LEASE AGREEMENT This Lease is entered into this 1St day of March, 2013, by and between the CITY OF PALM DESERT, a municipal corporation (the "Lessor"), and the ACADEMIC JOURNEY, a Sole Proprietorship (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 (Office Space No. 4) consists of a total of One Hundred Thirtv (130) square feet of office space. 2. TERM. The term of the Lease shall be for a period of one (1) year, commencing March 1, 2013, and continuing ther.eafter until March 31, 2014, unless terminated earlier as provided in the Lease. 3. AUTOMATIC RENEWAL OF LEASE TERM. Provided that Lessee is not in default hereunder, the Lease term shall be automatically renewed for one-year periods, subject to the same terms and conditions set forth herein. All renewal terms shall commence on the day immediately succeeding the expiration date of the previous Lease term. In the event Lessee does not wish the Lease term to automatically renew, Lessee shall give Lessor not less than sixty (60) days written notice prior to the expiration date of the initial Lease term or the renewal term as the case may be. PORTOLA COMMUNITY CENTER LEASE AGREEMENT 4. RENT. Lessee shall annually pay to Lessor as and for rent on the Leased Space the sum of One Thousand Five Hundred Sixtv Dollars (cost breakdown: $1.00 per square foot x 130 square feet x 12 months=$1,560.00). Said rent shall be payable on or before the commencement date of this Lease Agreement or any renewal term thereof. 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 Communitv 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 Thirteen ($13.00) per hour for said use. After hours shall be defined as Monday through Friday, after 8:30 p.m., Saturdays, Sundays and holidays. 2 Updated 1/23/13 PORTOLA COMMUNITY CENTER LEASE AGREEMENT 8. UTILITIES. A. Lessor's Obliqations. Lessor shall, at Lessor's sole cost and expense, provide the following utilities for the Leased Space and Building: water, gas, electric, and cable television. Telephone service shall be provided by Lessor only for the reception area of the Building. B. Lessee's Obliqations. Lessee shall, at Lessee's sole cost and expense, pay for all telephone service charges, together with any taxes thereon and connection charges, for the Leased Space. 9. STAFFING OF RECEPTION AREA AND SECRETARIAL SERVICES. Lessor shall provide a receptionist to staff the reception area of the building and provide secretarial assistance (except answering the phone) based on square footage of occupied office space. The number of secretarial hours provided for the above listed square footage is 5_2 per month. Said services shall be available Monday through Friday, 8 a.m. to 5 p.m., excluding lunch hours, holidays, and weekends. (This service may not continue after March 31, 2013, as a result all new agreements will include the following termination clause.) Upon notice by the Lessor to the Lessee that receptionist/secretarial services have been terminated, Lessee accepts that services will be terminated effective immediately. 10. FURNISHINGS. A. Lessor's Obliqations. Lessor shall provide the following furnishings for the Building: 3 Updated 1/23/13 PORTOLA COMMUNITY CENTER LEASE AGREEMENT 1. Desks, file cabinets and general office furniture shall be provided in the community room(s). 2. Approximately five (5) banquet tables and fifty (50) stackable chairs shall be provided in the community room (s). B. Lessee's Obliqations. 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 10A above. 11. MAINTENANCE. A. Lessor's Obliqations. Except as otherwise provided herein, Lessor shall, at Lessor's sole cost and expense, perform al1 outside common area landscape maintenance, all common area Building maintenance, and all common area janitorial maintenance. B. Lessee's Obliqations. 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. C. Recyclinq: Per AB939, the City of Palm Desert is required to divert 50% of its waste from the landfill and implement diversion programs. In order to meet this mandate, the City, all City owned facilities, and contractors performing work for the City, are required to participate in recycling programs, (e.g. chemicals, batteries, electronic waste, construction and demolition waste, bottles, cans, paper, plastic, etc). 4 Updated 1/23/13 PORTOLA COMMUNITY CENTER LEASE AGREEMENT and all environmental and conservation programs. Therefore, the Lessee agrees to participate in the City of Palm Desert's recycling programs, (office recycling, household hazardous waste, etc.). The City shall provide recycling containers and education to all tenants regarding any existing and future recycling, environmental, and conservation programs. 12. 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. 13. 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. 14. RULES AND REGULATIONS. Lessee shall fully and faithfully comply with and observe all rules and regulations set forth in the Facility Use Agreement, attached hereto as Exhibit "A" and incorporated herein by this reference. 5 Updated 1/23/13 PORTOLA COMMUNITY CENTER LEASE AGREEMENT 15. INSURANCE. A. Liabilitv Insurance. Lessee shail, at Lessor'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 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 �essee. 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. 6 Updated 1/23/13 PORTOLA COMMUNITY CENTER LEASE AGREEMENT 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. 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 (30) days' prior written notice by certified mail, return receipt requested, has been given to the City (Lessor). B. Personal Propertv 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 Coveraqe. 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 7 Updated 1/23/13 PORTOLA COMMUNITY CENTER LEASE AGREEMENT 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. 16. INDEMNIFICATION. Lessee shall save, indemnify and hold harmless the City (Lessor), its officers, employees and volunteers from any and all claims, demands 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. 17. SUBLETTING AND ASSIGNMENTS. Lessee shall not assign or sublease this Lease, or any interest therein, without first obtaining the prior written consent of Lessor. 18. 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. g Updated 1/23/13 PORTOLA COMMUNITY CENTER LEASE AGREEMENT 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. 19. 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 Lessor terminates this Lease prior to the completion of any Lease term, Lessor shall refund to Lessee the prorated share of rent paid by Lessee for the remaining Lease term. In the event Lessee terminates this Lease prior to the completion of any Lease term, Lessor shall not refund to Lessee any prorated share of rent paid by Lessee for the remaining Lease term. 20. 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 sha11 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. 21. MISCELLANEOUS. A. Governinq Law. This Lease shall be governed by and interpreted under the laws of the State of California. 9 Updated 1/23/13 PORTOLA COMMUNITY CENTER LEASE AGREEMENT B. Bindinq 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: LESSEE: City of Palm Desert Dani Borges 73-510 Fred Waring Drive 73-625 Hwy 111, #B Palm Desert, CA 92260 Palm Desert, CA 92260 (760) 880-8111 tenkforme@aol.com F. Attornevs' 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 1� Updated 1/23/13 PORTOLA COMMUNITY CENTER LEASE AGREEMENT expenses, attorneys' fees and costs, inciuding the cost of enforcing any judgment contained in such action. G. Severabilitv. 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. IN WITNESS WHEREOF, the parties hereto have executed this Lease the day and year first above written. LESSOR: LESSEE: CITY OF PALM DESERT ACADEMIC JOURNEY � �_ � i , By�._. �'-. i JAN C. HA�R IK, MAYOR ATTEST: � Pr' ame: . � d� Rache.11e D. Klassen, City Clerk Title: 11 Updated 1/23/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT "�Sf;t``.<'if`t;f'.C;fY�>5f:4",!`�";f`.�P;1`R:'�F>.C:!>.t':f>.t';Ct,t"SY`.i':C:2:K;f:i`..f;t�.l;f`�.i;<`.C:t`vz;Y`A;`Y:(�tif':!''�.t',•f>.€if`�.2':C',��:C"�.f:l?,{:11rt";l'.C.C>.C:til:C'.�:C2F:t'�c:K`.f:4!9c.C'.C`:G.t`;l�.i';l>.c'x"�^fJc�,;Y' P �� State of California � fi � � COunty of Rive.rside },,, �� r� � On ��j LtLz�f�� 3��3 before me, M. G. Sanchez, Notary Public � '� � Date Here Insert Name and Tit�e o(ihe Otlicer � 1�'',�� 1 fipersonally appeared Jan C. Harnik ----------------------------------- � �� Nai7ie(s)ol Signer{s) ;�, `,� � � i ,� who proved to me on the basis of satisfactory � fi evidence to be the person¢s) whose name(s) is/�x � � subscribed to the within instrument and acknowledged �� !� to me that #�a/she/�eq executed the same in � � l�i�/her/�a�� authorized capacity(ies�, and that by � � �i�/henS#I�ix signature(g) on the instrument the � � person(�j, or the entiry upon behalf of which the � ,� M.G.SANCHEt person(�) acted, executed the instrument. � � � Commission� 1906339 � � "� Notary Public-Californla = �� z Riverstde C�unty � 1 certify under PENALTY OF PERJURY under the �, �� M Comm.Ex Irea Oct 29,2014+ laws of the State of California that the foregoing :'� paragraph is true and correct. � � WITNESS my hand an officia'�seal. � � � �� Signature: ,� �� Ptace Notary Seal Above ' t gnatu of Notary P � � OPTIONAL �`' � � Though the information below is not required by law,it may prove valuable to pe ons relying o the document � � and could p�event fraudulent removal and reattachment of thi�form another doc ent � � Description of Attached Document ✓t / ` � � Title orType of Document: �--�rs�- �'�o��``�''� f��t��rC ;,/�lr>7f _ �f�d��'_ ��• .a � i� Document Date: ��'l��-�«rL/ �> �D�3 Number of Pages: � � � Signer(s)Other Than Named Above: ��i � Capacity(ies)Claimed by Signer(s) .��' �� Signer's Name: ��i7 �• Nt�t��k Signer's Name: ,t�� ❑ Corporate Officer—Title(s): ❑ rporate Officer—Title(s): �S '�'�` �� ❑ Individual ❑Indi ual �,, . '• . ' _.. �.,` ❑ Partner—�Limited CJ General Top of thumb here ❑Partner ❑Limited ❑General Top of thumb here f��. � ❑ Attorney in Fact ❑Attorney in t � fi ❑ Trustee ❑Trustee � D Guardian or Conservator ❑Guardian or Consery r � � (�Other: �►��-/�r' ❑Other: � � '� Signer Is Representi�'n�g: Signer Is Representing: � '��,• [�t�ij D� �C1�/Y� '✓�5fl�' � � � � ��cr�c..^�:�:�u.^ti:<��;.a _.. . . , ,� '�f�f�r�..^�u'�G.^t='e�^'4;<.^�4>^s'�£^�'�v`�3t..^c�fo.'S�,"��(�'�€,^�+c,'�.E,^�kl'S�+'�.�,^E3c3.5�'c�4,s��i..`�i.^�if:'�E>`�=t,�'..`�.-s"w^�-�'e��,.^�'t.^F.��.*�£�^s�.'S�w.^�.es�r� �2009 Natlonal Notary Assoclation•NatlonalNotary.org•1-800-US NOTARY(1-500-676•6827) Item it5907 PORTOLA COMMUNITY CENTER LEASE AGREEMENT EXHIBIT "B" PORTOLA COMMUNITY CENTER LEASED SPACE AND SECRETARIAL SERVICES The Lease Space (office space number) and the associated secretarial service hours for each within the Portola Community Center are listed below: 1. Office Space Number 1: 132 sq. ft. x .04 hrs/month = 5.28 hrs per month 2. Office Space Number 2: 155 sq. ft. x .04 hrs/month = 6.2 hrs per month 3. Office Space Number 3: 130 sq. ft. x .04 hrs/month = 5.2 hrs per month 4. Office Space Number 4: 130 sq. ft. x .04 hrs/month = 5.2 hrs per month 5. Office Space Number 5: 128 sq. ft. x .04 hrs/month = 5.12 hrs per month 6. Office Space Number 6: 227.5 sq. ft. x .04 hrs/month = 9.1 hrs per month 7. Office Space Number 7: 192.5 sq. ft. x .04 hrs/month = 7.7 hrs per month Note: Secretarial services shall be provided by the facility manager/coordinator. Scheduling and tracking of services will be maintained by the facility manager/coordinator. (Hours shall be rounded up if over .50 and down if under .50) 12 Updated 1/23/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ��U�w��C� L f,, � On ,' �� before me, ��-��.-� "��L`- �6T Q''� l�K� ,�./ Date Name and Titl o Ofticer(e.g.,"Jane Doe,No ary Pubiic") personaily appeared �G..�1 I� �r�'� Name(s)of Signer(s) � ❑ personally known to me (or proved to me on the basis of satisfactory evidence) ,�„��„�„��,,,�,,,��„��„��,: to be the person{s)whose name(s)is/are subscribed to the �, ��, COtETfE EGGEBRAATEN ' Wltlllll instrument and acknowledged to me that ,� ' ' �; Comm.#7959200 z a� "; NotoryPublic-Callfomia,'D he/she/they executed the same in his/her/their authorized Q�,�"� Riverslde County z " N�y Commisslon Expires� CapaCl�/�18S�, and that by his/her/their signature(s) on the °�<,,,a� �@�ember 30,2015 =��+��++��= instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Sig� re oi Notary Pu '" OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Docur�ent n�r�� ,_j_,_ Title or Type of Document: ��✓ t� �a�1�� Document Date: Number of Pages: � Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer(s) Si�er's Name: Signer's Name: CY Individual ❑ Individual ❑ Corporate Officer — Title(s): ❑Corporate Officer —Title(s): 0 Partner — ❑ Limited �General . O Partner — 0 Limited O General � Attorney in Fact Top ot thumb here �Attorney in Fact Top of thumb here ❑ Trustee ❑Trustee ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: �Other: Signer Is Representing: Signer Is Representing: OO 2006 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call ToII-Free 1-800-876-6827 EXHIBIT "A" P4RTOLA COMMUNITY CENTER 45-480 PORTOLA AVENUE, PALM DESERT, CA 92260 '. J�AC��:NTY USE AGRE,EMENT, 9. Applications to use the facility must be submitted on the form provided by the Portola Community Cenfer. The application must be signed by an adult age 21 and over who wifl attend, supe►vise, and be responsible for the entire event or activify. A reservation calendar for use of the Portola Community Center will be developed every six months. 2. Applicants must provide all information required to assure compliance wifh the requirements and regulations of the facility. It'any incomplete or incorrect information is provided on the application (i.e. contact information, nature of event, expected attendance), facility statf may immediately cancel the rental without refund of fees of deposit. 3. Approval or denial of an applicafion will be made within seven (7) working days of receipt of the completed application. 4. Exceptions may be made by the City of Palm Desert and Portola Community Center and appea/s can be made to the City Manager. 5. A non-refundable After Hours Use of Facility Fee of $95.00 per hour (two hour minimum charge) shall be required for scheduling any meetings before the hours of 8:00 a.m. and/or after the hours of 8:30 p.m. Monday through Friday, or Saturdays between fhe hours of 8:00 a.m. to 8:30 p.m. Payment of the After Hours Use of Facility Fee musf be made at least fwo (2) weeks in advance of the meeting dafe requested and made payable to the Coachella Valley Recreation and Park District. 6. Public meetings shal/conclude no later than 8:30 p.m. on all days. 7. Hours requested on application should include time for your group's set up and clean up needs. 8. A security deposif of 150.00 will be required for all rentals and must be submitted within two (2) days after notification of application approval made payab/e to the Coachella Valley Recreation and Park District. 9. All users of the facility shall enforce and not exceed the maximum occupancy of 75 people. 10. All users of the facilify shall be responsible for clean up after each meeting. After inspection of the facility, if a determination is made that the facility has not been left in clean and/or satisfactory order, all or a portion of the deposit may be forfeited by the organization and retained by the facility. No security deposit shall be charged fo the City of Palm Desert. 11. Facilities and equipment are to be left in the same condition as they were prior to the rental. The organizafion is responsible to pay a fee equal to totai replacement for any damage to facility or loss of property. Security deposif will be held until total repair/replacement cost is determined and repair/replacement is complete. 12. No preparation of any kind will be permitted in/or on the walls, floors, ceiling, or�xtures. This includes tape, tacks, nails, putty, screws, staples, decals, powders, wax, paint, etc. Rice, birdseed, confetti, glitter, or any similar ifems may not be used inside or outside the facility. No fog or smoke machines are permitted. PORTOLA COMMUNTIY CENTER FACILITY USE AGREEMENT PAGE 2 of 3 13. No food or drink is allowed inside the facility except during organized functions. 14. Portola Community Center is a non-smoking facility. Pursuant to California State Law, smoking is not permitted within 40'of all entrances or exits of public facilities. 15. No alcoholic beverages are permitted on the facility property. For special events, the City Council or City Manager may grant specia/ permission per Palm Desert Municipal Coc�e Section 9.85.040. Requests must be received prior to the event. 16. No narcofics or controlled substances are permitted in the facilify. 17. No profane language, quarrelling, fighting, gambling, vandalism, or disorderly or illegal conduct is permitted during use of tf►e facility. 18. Programs offered in and during the use of the facility shall not contain any matter which might tend to cause a breach of the peace and which constitutes subversive doctrine, seditious utterances, and which agitate changes in our form of government or social order by violence or unlawful methods. 19. Similar type organizafions are subject to a 25% limit of facility rental, e.g. substance abuse groups, youfh groups, etc. Each group will only be approved for up to 25% of overall facility use. 20. All children under the age of 10 must be accompanied by an adulf over the age of 18. Note: Accompany means within close proximity (arms distance, for example). Youth organizafions (ages 91-18) must have one adult to every 10 minors in attendance that shall remain at the facility for the duration of the activity. 21. Pets, other than those assisting persons with disabilities, are not permitted on the facility property. 22. The facility is not responsible for lost or stolen items. lt is strongly recommended that ifems of value not be brought onto the premises. 23. Facility staff requires prior approval for equipment and services brought in and not directly provided by the facility. 24. The Facility Use Agreement shall not be transferred, assigned, or sublet to any third party. This Agreement is issued for a specific use of the facility and for speci�c hours. 25. Applicants shall not grant use of the facility to any third party or charge admission fees (i.e. c/asses, workshops, meeting dues) without wriften permission from the City of Palm Desert. 26. All meeting cancellafions must be submitted to facilify staff with a two (2) week cancellafion notice required allowing for flexibility in scheduling another meeting in its place. 27. Due to the severe parking conditions at the facility on Sundays, there shall be no public meetings scheduled for that day. 28. Doors must remain unlocked during hours of use. 29. The City of Palm Desert and the Coache!/a Valley Recreation and Park District may revoke reservations af its discretion. PORTOLA COMMUNTIY CENTER FACILITY USE AGREEMENT PAGE 3 of 3 30. In addition fo the rules governing use of the facility, the organizafion shall also comply with all applicable local ordinances of the City of Palm Desert and Sfate and Federal laws. 39. The facility user may not use the City of Palm Desert as a sponsor of the activity and may not fist the Portola Community Center's phone number as the contact in any written materials associated with the rental of the facility. Facility staff may require copies of a!I promotional materials used in conjunction with the organization and ifs use of fhe facility. 32. The City of Palm Desert assumes no legal responsibility and is not liable for personal injuries, thefts, or/osses of private property while on the facility premises. The organization, � if non-profit, is required to maintain in full force and effect, at the organizafions expense, general liability insurance.in the amount of not less than $1,000,000 from an admitted carrier in the Stafe of California with a Best Rating of A Vll or higher. The poticy shall name the Cify of Palm Desert and the Coachella Valley Recreation and Park District as additional insured. The Cify's Risk Manager, when it is deemed to be in the best interest of the general public, may require additional insurance in the amount sufficient to cover the activity to be held at the facility or may waive the insurance requiremenf. A Certificate of Insurance and Additional Insured Endorsemenf evidencing the required coverage shall be provided to the facility at least seven (7) business days in advance of the scheduled event. Failure to due so may result in cancellation of the event. The Certificafe and Endorsement shall be subject fo facility staff approval for adequacy and profecfion. 33. Verification of receipt of Exhibit"A"and completion of the Applicafion for Use of Facility. 34. Per AB939, the City of Palm Desert is required to divert 50% of its waste from fhe landfill and implement diversion programs. Facility users (applicants and participanfs) agree to recycle and participate in all environmental and conservation programs while using the Henderson Community Building. Violation of any of this Facility Use Agreement by any organization during occupancy shall be sufficient cause for denying further use of the facility to fhe organization. Applicants will be held responsible fo see thaf fhe rules and regulations listed above are strictly enforced. The undersigned has read and fully understands and agrees to the City of Palm Desert and the Coachella Valley Recreation and Park District's Facility Use Ru/es. The undersigned understands that as a facility user, in addition to paying for all damages to premises and facility, there may be a forfeiture of a//or part of the security deposit should any of the rules listed above become violated. The applicant understands that no refund on rental fees will be given without a two (2) week written notification of cancellation. The undersigned understands that the security deposit will be returned two weeks after the event, if none of the above rules have been violated. l, undersigned, acknowledge that I have read the Portola Community Center's Facility Use Agre ent and 1 agree to abide and enforce with my organization all of the rules set forth by the City of Pal t�esert d t Coache//a Valiey Recreation and Park's Districf. � r� ame ( pre en ive of Applicant) Title � �� Signature _ Date