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Home My WebLink AboutC33680 - Lease Agmt - Portola CC Spc 4 - AHNS � CITY OF PALM DESERT SPECIAL PROGRAMS DEPARTMENT STAFF REPORT REQUEST: AUTHORIZE THE MAYOR TO ENTER INTO A LEASE AGREEMENT WITH THE AMERICAN HOLISTIC NURSES' ASSOCIATION FOR OFFICE SPACE AT THE PORTOLA COMMUNITY CENTER SUBMITTED BY: Frankie Riddle, Director of Special Programs APPLICANT: American Holistic Nurses' Association c/o Pamela Potenzo 81-729 Avenida Santiago Indio, CA 92203 DATE: June 12, 2014 CONTENTS: Lease Agreement Contract No. C33680 Recommendation By Minute Motion, authorize the Mayor to enter into a one-year lease agreement with the American Holistic Nurses' Association for Office Space No. 4 at the Portola Community Center. Backqround There are seven office spaces at the Portola Community Center; however, six of these office spaces are currently occupied by the Citizens on Patrol Program, the Historical Society, and Signature Resources, the latter of which a lease agreement was approved by City Council at its meeting of May 22, 2014. Ms. Pamela Potenzo, head of the local chapter for the American Holistic Nurses' Association, is interested in leasing the last vacant office space within the Portola Community Center to operate the local chapter of her organization which fosters community awareness, education, and growth in the areas of holistic healthcare. She indicated that there will be no employees and office hours will be Monday through Friday from 8 a.m. to 6 p.m. There are monthly meetings with members that are open to the public; however, as is the usual procedure, use of the larger community rooms will be scheduled through Sofia Pimentel who is the Portola Community Center's Facility Coordinator. Contract No. C33680 Staff Report Authorize the Mayor to Enter into a Lease Agreement with the American Holistic Nurses' Association for Office Space at the Portola Community Center Page 2 June 12, 2014 Staff recommends that City Council authorize the Mayor to enter into a one-year lease agreement (which automatically renews unless otherwise notified by either party) with the American Holistic Nurses' Association for Office Space No. 4 (130 square feet) within the Portola Community Center at an annual rate of $1,560.00. Fiscal Impact Approval of this lease agreement between the City and the American Holistic Nurses' Association will bring $1,560.00 annually to the General Fund. Submitted By: Franki � dle Director of Special Programs CiTY COUNCIL ACTj�N Reviewed: APPRovFD � DF.NiF,D RCCEIVED OTHER MEF.TING DATE `2� G Rudy . Acosta AYFS: ��n• nrk,.S�fe�e/. �cbcJTc�..r.+.e� Ass' nt City Manager ��'"S� N�� A'�.`;1''^;�': /I��n� --:__----- �.�.y .�4 !.T,. �Q'•� . .. .. � ' . '�__ _"._ . . . .. _. .-'_._ _. . _. ..... ....... ..._. �� a �C� i'� „, ,. } , . . ._ {':;� ,,.. ,A . :�� . �Q�< � �� _, _ . Paul S. Gibson ` Director of Finance proval: hn M. Wohlmuth ity Manager Contract No. C33680 LEASE AGREEMENT This Lease is entered into this 1ST day of Julyl 2014, by and between the CITY OF PALM DESERT, a municipal corporation (the "Lessor"), and the AMERICAN HOLISTIC NURSES' ASSOCIATION, a non-profit orqanization (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 Thirty (130) square feet of office space. 2. TERM. The term of the Lease shall be for a period of one (1) year, commencing Julv 1, 2014, and continuing thereafter until June 30, 2015, 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. Contract No. C33680 PORTOLA COMMUNITY CENTER AMERICAN HOLISTIC NURSES' ASSOCIATION LEASE AGREEMENT FOR OFFICE SPACE#4 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 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 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 5/30/14 PORTOLA COMMUNITY CENTER Contracr No. C33680 AMERICAN HOLISTIC NURSES' ASSOCIATION LEASE AGREEMENT FOR OFFICE SPACE #4 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 Obligations. 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. However, the Lessor's reserve the right to terminate these services at such time as there is a change in the facility operation. 10. 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 community room(s). 2. Approximately five (5) banquet tables and fifty (50) stackable chairs shall be provided in the community room (s). 3 Updated 5/30/14 PORTOLA COMMUNITY CENTER Contract No. C33680 AMERICAN HOLISTIC NURSES' ASSOCIATION LEASE AGREEMENT FOR OFFICE SPACE #4 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 Obliaations. 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 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). 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 4 Updated 5/30/14 Contract No. C33680 PORTOLA COMMUNITY CENTER AMERICAN HOLISTIC NURSES' ASSOCIATION LEASE AGREEMENT FOR OFFICE SPACE#4 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. 15. INSURANCE. A. Liability 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 arise from or in conjunction with the Lessee's operation and use of Leased Space. Said 5 Updated 5/30/14 Contract No. C33680 PORTOLA COMMUNITY CENTER AMERICAN HOLISTIC NURSES' ASSOCIATION LEASE AGREEMENT FOR OFFICE SPACE#4 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 5/30/14 PORTOLA COMMUNITY CENTER Contract No. C33680 AMERICAN HOLISTIC NURSES' ASSOCIATION LEASE AGREEMENT FOR OFFICE SPACE#4 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 ($1,000,000) 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 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, � Updated 5/30/14 PORTOLA COMMUNITY CENTER Contract No. C33680 AMERICAN HOLISTIC NURSES' ASSOCIATION LEASE AGREEMENT FOR OFFICE SPACE#4 on or about the Leased Space; and (b) occurring in, on or about the common are�s 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 5/30/14 Contract No. C33680 PORTOLA COMMUNITY CENTER AMERICAN HOLISTIC NURSES' ASSOCIATION LEASE AGREEMENT FOR OFFICE SPACE#4 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. 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 supersetles 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. 9 Updated 5/30/14 Contract No. C3�680 PORTOLA COMMUNITY CENTER AMERICAN HOLISTIC NURSES' ASSOCIATION LEASE AGREEMENT FOR OFFICE SPACE#4 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 Pamela Potenzo RN, BSN, HNB-BC, CHTP 73-510 Fred Waring Drive American Holistic Nurses' Association Palm Desert, CA 92260 81729 Avenida Santiago Indio, CA 92203 (760) 296-2767 ppotenzo@dc.rr.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 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. 1� Updated 5/30/14 Contract No. C33680 PORTOLA COMMUNITY CENTER AMERICAN HOLISTIC NURSES' ASSOCIATION LEASE AGREEMENT FOR OFFICE SPACE#4 IN WITNESS WHEREOF, the parties hereto have executed this Lease the day and year first above written. LESSOR: LESSEE: CITY OF PALM DESERT AMERICAN HOLISTIC NURSES' ASSOCIATION By: By: VAN G. TANNER, MAYOR ATTEST: Print Name: RACHELLE D. KLASSEN, CITY CLERK Title: 1 1 Updated 5/30/14 Contract No. C33680 PORTOLA COMMUNITY CENTER AMERICAN HOLISTIC NURSES' ASSOCIATION LEASE AGREEMENT FOR OFFICE SPACE#4 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 5/30/14 Contract No. C33680 EXHIBIT "A" PORTOLA COMMUNITY CENTER 45-480 PORTOLA AVENUE, PALM DESERT, CA 92260 FACILiTY U5E AGREEIV�E111T 1. Applications to use the facility must be submitted on the form provided by the Portola Community Center. The application must be signed by an adult age 21 and over who will attend, supervise, and be responsible for the entire event 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 incomplete or incorrect information is provided on the application (i.e. contact 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 completed 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 8:00 a.m. to 8:30 p.m. Payment of the After Hours Use of Facility Fee must be made at least two (2) weeks in advance of the meeting date requested and made payable to the Coachel/a Valley Recreation 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 set 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 application 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 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 to 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 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 fota/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 fixtures. This includes tape, tacks, nails, putty, screws, staples, deca/s, powders, wax, paint, etc. Rice, birdseed, confetti, glitter, or any similar items may not be used inside or outside the facility. No fog or smoke machines are permitted. � ` Contract No. C33680 PORTOLA COMMUNT/Y CENTER FAC/LITY USE AGREEMENT PAGE 2 of 4 13. No food or drink is allowed inside the facility except durrng organized functions. 94. Portola Community Center is a non-smoking facility. Pursuant to Califomia 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 special permission per Palm Desert Municrpal Code Section 9.85.040. Requests must be received at least 10 days prior to the event. 16. No narcotics or controlied substances are pe►mitted in the facility. 17. No profane language, quarrelling, fighting, gambling, vandalism, or disorderiy or illegal conduct is permitted during use of the facility. 18. Programs offered in and during fhe use of the facility shail 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 govemment or social order by violence or uniawful methods. 19. Similar type or�anizations are subject to a 25% limit of facility rentai, e.g. substance abuse groups, youth 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 adult over the age of 18. Note: Accompany means within close proximity (arms distance, for example). Youth organizations (ages 99-18) must have one adult to every 10 minors in attendance that shail remain at the facility for the duration of the activity. 21. Pets, other than fhose assisting persons with disabilities, are not permitted on the facility property. Ali pets must be on a leash. 22. The facility is not responsible for tost or stolen items. It is strongly recommended that items of value not be brought onto the premises. 23. Facility staff requires prior approval for equipment and services brought in and not direcfly provided by the facility. 24. The Facility Use Agreement shall not be transferred, assigned, or sublet to any third party. This Agneement is issued for a specific use of the facility and for specific hours. 25. Applicants shal! not grant use of the facility to any third party or charge admission fees (i.e. c/asses, workshops, meeting dues) without written permission from the City 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 another meeting in its place. 27. Due to the severe parking conditions at the facility on Sundays, there shali be no public meetings scheduled for that day. 28. Doors must remain unlocked during hours of use. 29. The City of Palm Desert may revoke reservafions at ifs discretion. 30. In addition to the rules governing use of the facility, fhe organization shall also comply with all applicable local ordinances of the City of Palm Desert and State and Federal laws. Updated on 11/16/2012 Contract No. C33680 PORTOLA COMMUNTIY CENTER FACILITY USE AGREEMENT PAGE 3 of 4 31. The facility user may not use the City of Palm Desert as a sponsor of the acfivity and may not 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 al!promofional maferials used in conjunction wifh the organization and its use of the facility. 32. The City of Palm Desert assumes no legal responsibility and is not liable for personal injuries, thefts, or losses of private property while on the facility premises. The organization, if non-prdfit, is required to maintain in fu/l force and e(fect, at the organizations expense, generai liability insurance in the amount of not less than $1,000,000 from an admitted carrier rn the State of Califomia with a Best Rating of A Vll or higher. The policy shall name the City of Palm Dese►t 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 su�cient to cover the activity to be held at the facility or rr►ay waive the insurance requirement. A Certificate of/nsurance and Additional lnsured Endorsement 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 Certificate and Endorsement shatl be subject to facility staff approval for adequacy and protection. 33. Verification of receipt of Exhibit"B"and completion of the Application for Use of Facility. 34. PerA8939, the City of Palm Desert is required to dive►t 50% of its waste from the landfili and implement diversion programs. Facility users (applicants and participants) agnee to recycJe and participate in all environmental and conservation programs while using the Henderson Community Building. 35. Key and Security Code: The City shall provide no more than 2 keys with payment of key deposit to each authorized organization. The key(s) and security code shal!only be provided to the authorized staff person(s). The designated staff shall not provide key(s) and code to unauthorized person. If unauthorized person is found to be using or be in possession of a facility key and/or security code, the City shaii at its option retain al/ deposits and terminate facility use effective immediately. In addition, any damage to facility, equipment, etc, in or around facility as a result of unauthorized use, fhe City may seek damages from the organization. 36. Intended facility use for approved date and time: Organization shall only be authorized the use of facility specifically for the approved use, space, time, and date stated within application. Unauthorized activities may result in immediate termination of use. Violation of any of fhis Facility Use Agreement by any organization during occupancy shal! be su�cient cause for denying further use of the facility to the organization. Updated on 11/16/2012 " ' ` Contract No. C3�b80 PORTOLA COMMUNTIY CENTER FACItITY USE AGREEMENT PAGE 4 of 4 Applicants will be held responsible to see that the rules and regulations listed above are st►ictly enforced. The undersigned has read and fully understands and agrees to the City of Palm Desert Facility Use Rules. The undersigned understands that as a facility user, in addition to paying for a8 damages to premises and facility, there may be a forfeiture of all or part of the security deposit should any of the rules listed above become violated. The applicant understands that no refund on r+ental fees will be given without a two (2) week written notification of cancellation. The undersigned understar►ds that the seeurity depo�it will be retumed two weeks affer the event, if none of the above rules have been violated. l, the undersigned, acknowledge that l have read the Portola Community Center's Facility Use Agreement and i agree to abide and enforce with my organization atl of the rules set forth by the City of Paim Desert. �mer�c Q,.-� /+ro ��t�� NU�s"_'9 ASS�"r�'t�,. �►�YN el�- ��-�'ev�z,A R,v,t3tn��fwl�-�e, cl�t/� �o�.d-�+.lw��ltu,� (J�+er- Le�-�c� Print Name(Repr+esentative of Applicant) Title � ,�,L,,,� �-�7 -a,,a 1 �f Signatu Date Updated on 11i16/2012