HomeMy WebLinkAboutSR Contract No. R11812 - Family YMCAswab
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PALM DESERT REDEVELOPMENT AGENCY
STAFF REPORT
REQUEST: AUTHORIZE FIRST AMENDMENT TO LEASE, A THIRTY (30)
DAY EXTENSION, (CONTRACT NO. R11811) FOR THE JEAN M.
BENSON CHILD CARE FACILITY
SUBMITTED BY: CATHERINE WALKER, SENIOR MANAGEMENT ANALYST
TENANT: THE FAMILY YMCA OF THE DESERT
43930 SAN PABLO AVE.
PALM DESERT, CA 92260
DATE: DECEMBER 14, 2006
CONTENTS: FIRST AMENDMENT TO LEASE (CONTRACT NO. R11811)
Recommendation:
By Minute Motion, that the Agency Board:
1. Authorize First Amendment to Lease, a thirty (30) day extension to
Contract No. R11811, with The Family YMCA for lease of the Jean M.
Benson Child Care Center; and
2. Authorize the Chairman to execute the same.
Discussion:
The subject agreement is with The Family YMCA for childcare services rendered at the
facility currently known as the Jean M. Benson Child Care Facility. On December 13,
2001, the Palm Desert Redevelopment Agency entered into a lease agreement with the
Family YMCA, and this agreement will expire on December 13, 2006. The thirty -day
extension will allow for services to continue while a long-term lease agreement is
negotiated with the Agency. At its meeting of January 11, 2007, the Agency will hold a
noticed public hearing, bringing both the negotiated long-term lease agreement and the
Staff Report
Authorize Thirty Day Extension to Contract R11811 with The Family YMCA of Desert for
Jean Benson Child Care Facility
Page 2 of 2
December 14, 2006
conveyance of both the Wallaroo Center and Jean M. Benson childcare facilities to the
City of Palm Desert, as required by Redevelopment Law. This is the course of action as
recommended by Agency's legal counsel.
Submitted by:
Catherine Walker
Senior Management Analyst
Approval:
J n 1 cCarthy, ACM Redev pment
4V&-0;P
Carlos L. Ortega(/Lxecutive Director
Department Head:
Dave YrKgoye
Director of edevelopment/Housing
FS ul S. Gibson, Director of Finance
*L�ej— BY RDA
ON
VERIFIED BY "j f
Original on file with City Clerk's Office
G'\RDA\Cathy Walker\Word Data\STAFF REPORTS\Staff Jean Benson Childcare Center 30 Day extension.doc
FIRST AMENDMENT TO LEASE
This FIRST AMENDMENT TO LEASE ("Amendment") is made this day of
December, 2006, by and between the PALM DESERT REDEVELOPMENT AGENCY, a
public body, corporate and politic ("Landlord") and THE FAMILY YMCA OF THE
DESERT, a California nonprofit corporation ("Tenant").
RECITALS
A. Landlord and Tenant entered into that certain Lease Agreement — First
Extension dated December 13, 2001 (the "Lease"), whereby Tenant has leased that
certain property more particularly shown on Exhibit "A" to the Lease.
B. Landlord and Tenant wish to amend the Lease to modify the terms of
the Lease in accordance with the provisions of this Amendment.
NOW, THEREFORE, in consideration of the facts contained in the Recitals above, the
mutual covenants and conditions below, and other good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, Landlord and Tenant amend the Lease as
follows:
AMENDMENT
1. Section 1.4 of the Lease is hereby deleted in its entirety and replaced
with the following:
"The "Term" of the Lease shall commence on the date that this Lease has
been executed (the "Term Commencement Date") and shall end on January 31,
2007."
2. In the event of a conflict between the terms of the Lease and the terms
of this Amendment, the terms of this Amendment shall be controlling. Any other
terms, covenants and conditions of the Lease remain in full force and effect. In
addition, except as otherwise stated in this Amendment, all initially capitalized terms
will have the same respective defined meaning stated in the Lease.
3. This Amendment may be executed in several counterparts, each of
which shall be deemed an original, and all of such counterparts together shall
constitute one and the same instrument.
4. All other terms and conditions of the Lease shall remain in full force
and affect.
P6402-0001 �928860v0.doc
IN WITNESS WHEREOF, Landlord and Tenant have caused this Amendment to Lease
to be executed by each party's duly authorized representative effective as of the date first above
written.
LANDLORD: PALM DESERT REDEVELOPMENT
AGENCY, a public body, corporate and politic
By:
Name:
Title:
ATTEST:
Secretary
TENANT: THE FAMILY YMCA OF THE DESERT, a
California nonprofit corporation
By:
Name:
Its:
116402-0001 928800%3.doe