HomeMy WebLinkAboutContract 1680 C, — ( (o80
LEASE AGREEMENT
This Lease Agreement ("Lease") is entered into to be effective as of the 1st day of July,
2015 ("Effective Date") by and between City Urban Revitalization Corporation, a California
non-profit corporation ("Lessor"), and the City of Cathedral City, a municipal corporation
("City"). Hereafter, Lessor and City are sometimes individually referred to as a "Party," and
collectively as the "Parties."
RECITALS
WHEREAS, Lessor owns that certain real property in the City of Cathedral City, County
of Riverside, State of California, more particularly described in Exhibit A attached hereto and
incorporated herein by this reference ("Premises"); and
WHEREAS, City desires to lease the Premises from Lessor, and Lessor desires to lease
the Premises to City on the terms and conditions contained herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the foregoing Recitals, which Recitals are
incorporated herein by this reference, and for other good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, and for the mutual covenants contained
herein, the Parties agree as follows:
1. Lease. Lessor, for and in consideration of the mutual covenants contained herein,
hereby leases unto City, and City hereby leases from Lessor, the Premises.
2. Term. The term ("Term") of the Lease shall be from the Effective Date
("Commencement Date"), to the date one ( 1_) year thereafter ("Termination Date"). This
Lease shall thereafter become a month-to-month lease until terminated by either Lessor or City,
as provided by California law.
3. Rent. The rent for the Premises shall be One Dollar($1.00) for the duration of the
Term.
4. Use. The Premises shall be used for the operation of a dog park or any other
open-space use that City shall put into operation.
5. Maintenance and Repairs. City, at its sole cost and expense, shall be responsible
for maintaining all portions of the Premises. Lessor shall have no maintenance obligations
whatsoever.
6. Insurance. City, at City's sole cost, shall maintain public liability insurance (or
reasonably equivalent self-insurance) insuring City and Lessor against claims for property
damage and personal injuries (including wrongful death) occurring in, on, or about the Premises
in an amount not less than One Million Dollars ($1,000,000) per person and Two Million Dollars
($2,000,000) per occurrence. Evidence of such insurance shall be supplied to Lessor upon
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written request. These amounts will be subject to increase of no more than five percent(5%) per
year during the Term upon Landlord's request.
7. Indemnity. City shall indemnify, defend and hold harmless Lessor, its officers,
executives, agents and employees from and against any and all claims, liens, judgments,
penalties and/or liabilities arising out of the use of the Premises by City or by members of the
public, except to the extent that such claim, lien,judgment, penalty and/or liability is the result of
the active negligence or willful misconduct of Lessor.
8. City Representation. City represents that City has made a full and complete
inspection of the Premises and is satisfied with the condition of the Premises. City accepts the
Premises in its present condition, "AS IS" "WHERE IS" and "WITH ALL FAULTS". City shall
not make any improvements to the Premises without Lessor's prior written consent, which
consent shall not be unreasonably withheld.
9. Default. In the event of City's default, Lessor shall be entitled to pursue all
remedies available at law or in equity.
10. Notices. All notices or other communications required or permitted under this
Lease shall be in writing, and shall be personally delivered or delivered by first class mail or
overnight delivery, return receipt requested, to the Parties at the addresses set forth below, and
shall be deemed delivered upon receipt or rejection.
If to Lessor: City Urban Revitalization Corporation
Attn: Executive Director
68700 Avenida Lalo Guerrero
Cathedral City, CA 92234
If to Lessee: City of Cathedral City
Attn: City Manager
68700 Avenida Lalo Guerrero
Cathedral City, CA 92234
With a Copy to: Green de Bortnowsky, LLP
Attn: Charles Green, City Attorney
41-750 Rancho Las Palmas, Suite P-1
Rancho Mirage, CA 92270
11. Applicable Law. This Lease shall be governed by and construed in accordance
with the laws of the State of California.
12. Partial Invalidity. If any term, provision, condition or covenant of this Lease or
the application thereof to any party or circumstances shall, to any extent, be held invalid or
unenforceable, the remainder of this Lease shall not be affected thereby, and each term and
provision of this Lease shall be valid and enforceable to the fullest extent permitted by law.
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13. Counterparts. This Agreement may be executed in one or more counterparts, all
of which, taken together, shall constitute one and the same document.
IN WITNESS WHEREOF, the Parties hereto have executed this Lease as of the date first
written above.
CITY: LESSOR:
CITY OF CATHEDRAL CITY, a California CITY URBAN REVITALIZATION
municipal corporation CORPORATION, a California non-profit
corporation
B Ca- ,L�l�L ec2 By:
Name: Charles P. McClendon Name: Ta' i E. Scott
Its: City Manager Title: C of Financial Officer
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EXHIBIT "A"
LEGAL DESCRIPTION OF THE PREMISES
The Easterly 200 feet, more or less, of the real property in the City of Cathedral City,
County of Riverside, State of California, described as follows:
THAT PORTION OF THE NORTHEAST ONE-QUARTER OF SECTION 33,
TOWNSHIP 4 SHOUTH, RANGE 5 EAST, IN THE COUNTY OF RIVERSIDE, STATE
OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED
AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT "G" (ALSO KNOWN AS
ALLEN AVENUE)AS SHOWN ON MAP OF CATHEDRAL CITY,AS PER MAP
RECORDED IN BOOK 13, PAGES 24 TO 26 OF MAPS, RECORDS OF RIVERSIDE
COUNTY, CALIFORNIA;
THENCE SOUTH 89°57'26" WEST ALONG THE NORTH LINE OF SAID LOT "G",A
DISTANCE OF 40.00 FEET TO THE NORTHEAST CORNER OF LOT "AA" (THIRD
STREET) AS SHOWN ON SAID MAP OF CATHEDRAL CITY, SAID POINT BEING
THE TRUE POINT OF BEGINNING; THENCE NORTH 0°02'34" WEST ALONG THE
NORTHERLY PROLONGATION OF THE EAST LINE OF SAID LOT "AA" TO A
POINT ON THE NORTH RIGHT OF WAY LINE OF CATHEDRAL CANYON
CHALLEN; THENCE NORTH 69°59'21" WEST ALONG SAID NORTH LINE OF THE
CHANNEL A DISTANCE OF 28.11 FEET; THENCE NORTH 89°54' WEST A
DISTANCE OF 261.89 FEET TO A POINT; THENCE NORTH 69°49'19" WEST A
DISTANCE OF 353.16 FEET TO A POINT ON A LINE THAT IS THE NORTHERLY
PROLONGATON OF THE EAST LINE OF VAN FLEET AVENUE; THENCE SOUTH
0°06' WEST ALONG SAID EAST LINE OF VAN FLEET AVENUE TO THE NORTH
LINE OF LOT "AA" (THIRD STREET); THENCE ALONG THE NORTH LINE OF
LOT "AA" NORTH 89°54' EAST 620 FEET, MORE OR LESS,TO THE TRUE POINT
OF BEGINNING.
TOGETHER WITH LOTS 10, 11, 12, "AA", (THIRD STREET)AND THE WEST HALF
OF"G" (ALLEN AVENUE) OF MAP OF CATHEDRAL CITY, IN THE COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 13,
PAGES 24 TO 26 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA,
AND AS VACATED BY RESOLUTION OF THE BOARD OF SUPERVISORS OF
RIVERSIDE COUNTY,WITH RESOLUTIONS ARE RECORDED NOVEMBER 14,
1939,AS INSTRUMENT NO. 760 IN BOOK 438, PAGE 466 AND JULY 29, 1955,AS
INSTRUMENT NO. 49723 IN BOOK 1774, PAGE 40, BOTH OF OFFICIAL RCORDS.
APN: 687-180-005
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