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HomeMy WebLinkAboutContract 0889 �y °fwrre,Y,4 COUNTY OF RIVERSIDE _ 1 DEPARTMENT OF BUILDING SERVICES c _!_.c °r 3133 Mission Inn Avenue Daniel Waldo,Jr.,P.E. ''a Riverside, California 92507-4199 Director siujj—Al I•. ,;� (909) 955-4800 rM'M9.,,1eq` 'NAr ''! FAX (909) 955-4828 July 23, 1998 Mr. Anthony Barton, Special Projects Administrator City of Cathedral City P.O. Box 5001 Cathedral City, CA 92235-5001 RE: County Library Building 68-707 Highway 111, Cathedral City Dear Tony: Enclosed is your copy of the executed lease agreement regarding the subject building. Should you have any questions or require anything further now or in the future, please do not hesitate to give me a call at (909) 955-4821. S erely,i , / t , it.. M iy/I41 _.............mmi........,....._ David H. Slaughter Real Property Manager DHS:js Enclosure ARCHITECTURE-ENGINEERING DIVISION CUSTODIAL DIVISION MAINTENANCE DIVISION REAL PROPERTY DIVISION (909)955-4810 (909)955-4839 (909)955-4830 (909)955-4820 FAX(909)955-4890 FAX(909)955-4828 FAX(909)955-4828 FAX(909)955-4837 7 ., LEASE CITY OF CATHEDRAL CITY (68707 Highway 111, Cathedral City, California) TABLE OF CONTENTS 1. Description 1 2. Use 1 3. Term 1 4. Options to Extend 2 5. Rent 2 6. Custodial Services 2 7. Utilities 2 8. Maintenance 2 9. Improvements 3 10. Inspection of Premises 4 11. Quiet Enjoyment 4 12. Compliance with Government Regulations 4 13. Lease Termination 4 14. Insurance 4 15. Hold Harmless 7 16. Assignment and Subletting 7 17. Toxic Materials 8 18. Free From Liens 8 19. Employees and Agents of Sublessee 8 20. Option to Purchase 8 21. Binding on Successors 8 22. Waiver of Performance 8 23. Severability 9 24. Venue 9 25. Attorneys' Fees 9 26. Notices 9 27. Permits, Licenses and Taxes 9 28. Paragraph Headings 9 29. County's Representative 9 30. Agent for Service of Process 9., 31. Entire Lease 10 32. Interpretation 10 33. Approval by Board of Supervisors 10 Exhibit"A" - Leased Premises JUN 3 0 1998 5 `� i 1 LEASE 2 CITY OF CATHEDRAL CITY (68707 Highway 111, Cathedral City, California) 3 4 The COUNTY OF RIVERSIDE (COUNTY, herein) leases to THE CITY OF 5 CATHEDRAL CITY, a Municipal Corporation, (City, herein) the property described below upon the following terms and conditions: 6 1. Description. The leased premises hereby consist of 7 approximately 3,628 square feet located at 68707 Highway 111, Cathedral City, California, 8 (Premises, herein), as more particularly shown on Exhibit "A" - Leased Premises, attached hereto and by this reference made a part of this lease. 9 2. Use. 10 11 (a) The Premises are leased to City for whatever purposes the City may desire. 12 (b) City shall have the exclusive possession of the Premises and 13 usage of the common walkways, driveways, vehicular parking spaces, and other similar facilities. 14 15 3 Term. The term of this lease shall be for a period of five (5) years commencing July 1, 1998 and terminating June 30, 2003. 16 4. Options to Extend. None 17 18 5. Rent. City shall pay the sum of Five Dollars ($5.00) to County as rent for the Premises for the entire term of this lease, payable in advance on July 1, 19 1998. 20 6. Custodial Services. City shall be responsible to provide, or cause to be provided, and to pay for all custodial services in connection with the Premises. 21 22 7. Utilities. City shall pay for all utility services used in connection with the Premises, including, but not limited to, telephone, electric, water, gas, refuse collection 23 and sewer services, as may be required in the maintenance, operation and use of the Premises. 24 8. Maintenance. City shall be responsible for keeping the Premises 25 in good condition, and in compliance with all federal, state and local laws, ordinances, 26 rules, codes and regulations including but not limited to fire, health and safety. Additionally, City shall maintain the exterior and interior of the Premises, including, but not 27 limited to, insect/pest control services, air conditioning equipment, heating equipment, plumbing, electrical wiring and fixtures, windows and structural parts, in good working 28 Page 1 of10 1 condition and repair and in compliance with all laws, ordinances, rules and regulations. 2 9. Improvements. 3 (a) County shall not be required to make any improvements or 4 aerations or install any fixtures of any kind whatsoever. City shall be responsible for any and all improvements, alterations or installation of fixtures necessary to prepare the 5 Premises for useful occupancy, provided, however, that no improvements or alterations shall be made or fixtures installed by City without first obtaining County's written consent 6 to do so after City has submitted proposed plans therefore to County in writing. 7 (b) Any improvements made, and fixtures installed, or caused to 8 be made and installed, by City shall become the property of County. 9 (c) At any time during the term of this lease and within thirty (30) days of completion of any improvements, alterations or installation of tames, City shall 10 provide to County an itemized listing of labor and materials and the costs therefore, together with copies of bills, invoices and other written documentation to substantiate all 11 such costs, for any and all such improvements, alterations and installation of fixtures. The 12 City shall provide such listing and materials to County under a letter certifying that such costs are true and correct, herein called Certified Costs. In the event City exercises its 13 option to purchase and acquires the Premises as set forth in Paragraph 20 of this lease, all Certified Costs shall be applicable in determining the Option Price as provided in 14 Paragraph 20(b)(2) of this lease. 15 10. Inspection of Premises. County,through its duly authorized agents, 16 shall have, at any time during normal business hours, the right to enter the Premises for the purpose of inspecting, monitoring and evaluating the obligations of City hereunder. 17 11. Quiet Enjoyment. City shall have, hold and quietly enjoy the use of 18 the Premises so long as it shall fully and faithfully perform the terms and conditions that 19 it is required to do under this lease. 20 12. Compliance with Government Regulations. County and City shall each comply with the requirements of all local, state and Federal statutes, regulations, 21 rules, ordinances and orders now in force as they may pertain to the Premises. Any amendments to or additional statutes, regulations, rules, ordinances and orders that may 22 hereinafter occur, County and City shall mutually agree with respect to compliance. Any 23 costs associated with such compliance shall be paid by City. 24 13. Lease Termination. 25 (a) County shall have the right to terminate this lease forthwith: 26 (1) In the event a petition is filed for voluntary or involuntary 27 bankruptcy for the adjudication of City as a debtor. 28 Page 2 of 10 1 (2) In the event that City makes a general assignment, City's interest hereunder is assigned involuntarily or by operation of la w, for the benefit of 2 creditors. 3 (3) In the event of abandonment of the Premises by City. 4 ty (b) In the event City exercises its option to purchase as set forth 5 in Paragraph 20 of this lease, then this lease shall terminate as set 20(b)(4) of this lease. forth in Paragraph 6 14. Insurance. City shall procure 7 expense and keep in full force and effect from the commencement tdate of this its sole C lease and continuing until the end of the term of the lease the following insurance provisions: 8 P isions: 9 Compensation Insurance as prescribed by{catinr,• Procure and maintain Workers' insurance shall provide for Employers Liability including Occupational he laws of the State f i ease with Such 10 not less than $1,000,000 per occurrence. Policy shall be endorsedDisease Borrowed limits 11 Servant Endorsement, Alternate Employer Endorsement or oAd vide a r Endorsement naming the County of Riverside, its Directors, Offices Special Insured Special Dist 12 Board of Supervisors, employees, agents or representatives as additional insureds. Policy Subrogation on behalf of the Count shall provide a Waiver of y of Riverside. licy 13 (b) 14 Comprehensive Broad Form morehensite renerat t iabil;�,• Procure and General Liability insurance coverage that shall protect Citymaintain 15 from claims including but not limited to damages for Premises liability, contractual products/completed operations, tY� liability, advertising injury (broad form) which may 16 arise from or out of City's operational use and management of he performance of its obligations hereunder, whether such operations, use or performance or the 17 be by City, by any subcontractor, vendor, or by anyone employed directly either of them or volunteers serving either of them. Such insurance shall name of 18 Riverside, its Directors, Officers, Special Districts, Board or indirectly by of emplotyyees, 19 agents or representatives as additional insureds with respect tothis lease th obligations hereunder with limits not less than $1,000,000 and the 20 limit. Policy shall provide for$5,000 in medical payments coverage percoccurrence, combined single fire legal liability in an amount not less than $50,000 per occurrenceP currence, and 21 T (c) Veh �Liah li . equipment, s If City's vehicles or licensed mobile �� will be on the Premises or used in any manner on behalf of the County, then City 23 maintain auto liability insurance for all owned, non-owned or hired automobiles 22 amount not less than $1,000,000 per occurrence combined �shall also ;h single limit. Policy shall name al 24 County of Riverside, its Directors, Officers, Special Districts, Board of employees, agents or representatives as additional insureds and provide a Waiverid 25 Supervisors, ;d Subrogation in favor of the County of Riverside. of L 26 of (d) II isk R _al and Personal Pro° fig• 89 2 kg 7 28 Property (include the property Procure and maintain All Risk Real and Personal P p rty of others) insurance coverage including earthquake and, Page 3 of 10 II 1 (3) It is understood and agreed to by the parties hereto, and the insurance company(s), Certificate(s) of Insurance and policies shall so covenant and 2 shall be construed as primary and County's insurance and/or deductibles and/or self- insured retentions or self-insured programs shall not be construed as contributory. 3 4 (4) The County of Riverside's Reserved Rights-.Insurance. The County reserves the right to adjust the monetary limits of insurance coverage during 5 the term of this agreement or any extension thereof if in County Risk Management's reasonable judgement, the amount or type of insurance typically carried by owner or City 6 is inadequate, County shall have the right to require City to increase the amount and/or change the types of insurances required in this Section. 7 8 (f) Professional Liability. Procure and maintain professional liability insurance coverage to protect from any liability whatsoever based on or asserted by any g claim, act or omission of City, its officers, agents, employees, subcontractors and independent contractors, relating to or in any way connected with or arisinb from the lease 10 and/or for any error or omission by City, its employees, agents, officers, or subcontractors. 11 The amount of such insurance shall not be less than $1,000,000 per occurrence, combined single limit, and $2,000,000 in the aggregate. 12 15. Hold Harmless. 13 (a) City represents that it has inspected the Premises and hereby 14 accepts the condition of said Premises and fully assumes any and all risks incidental to the 15 use thereof. County shall not be liable to City, its officers, agents, employees, subcontractors or independent contractors for any personal injury or property damage 16 suffered by them which may result from hidden, latent or other dangerous conditions in, on, upon or within the Premises; provided, however, that such dangerous conditions are 17 not caused by the sole negligence of County, its officers, agents or employees. 18 (b) City shall indemnify and hold County, its officers, agents, 19 employees and independent contractors free and harmless from any liability whatsoever, based or asserted upon any act or omission of City, its officers, agents, employees, 20 subcontractors and independent contractors, for property damage, bodily injury, or death (City's employees included) or any other element of damage of any kind or nature, relating 21 to or in anywise connected therewith of the Premises or the condition thereof, and City shall defend, at its expense, including without limitation, attorney fees, expert fees and 22 investigation expenses, County, its officers, agents, employees and independent 23 contractors in any legal action based upon such alleged acts or omissions. The obligations to indemnify and hold County free and harmless herein shall survive until any claim, action 24 or cause of action with respect to any such alleged acts or omissions are fully and finally barred by the applicable statute of limitations. 25 (c) The specified insurance limits required in Paragraph 14 herein 26 shall in no way limit or circumscribe City's obligations to indemnify and hold County free 27 and harmless herein. 28 Page 5 of 10 16. Assignment and Subletting. 1 2 (a) City may assign this lease or sublet the Premises to any entity or agency provided that City and County mutually agree to said assignment or sublease. 3 Any such sublease shall be on such temis and conditions as the County, in its sole discretion, may deem appropriate, provided, however, that such assignment or sublease 4 shall not materially and negatively impact the use and enjoyment by the parties of the Premises and the property. 5 6 (b) Each assignment or subletting agreement shall be by an instrument in writing in form and content mutually acceptable to the parties, and shall be 7 duly executed by the parties thereto. Each such assignee and/or City shall agree in writing for the benefit of the County to assume, to be bound by, and to perform the terms, 8 covenants and conditions of this lease to be performed by City. One executed copy of such written instrument shall be delivered to County. 9 10 17. Toxic Materials. During the term of this lease and any extensions thereof, City shall not violate any federal, state or local law, ordinance or regulation relating 11 to industrial hygiene or the environmental condition on, under or about the Premises, including, but not limited to, soil and groundwater conditions. Further, City, its successors, 12 assigns and City, shall not use, generate, manufacture, produce, store or dispose of on, 13 under or about the Premises or transport to or from the Premises any flammable explosives or related injurious materials,whether injurious by themselves or in combination 14 with other materials (collectively, "hazardous materials"), except as approved by the County in writing. For the purpose of this lease, hazardous materials shall include, but not 15 be limited to, substances defined as "hazardous substances", "hazardous materials", or "toxic substances" in the Comprehensive Environmental Response, Compensation and 16 Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq; the Hazardous 17 Materials Transportation Act, 49 U.S.C. Section 1801, et seq; The Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq; and those substances defined as 18 "hazardous wastes" in Section 25117 of the California Health and Safety Code or as "hazardous substances" in Section 25316 of the California Health and Safety Code; and 19 in the regulations adopted in publications promulgated pursuant to said laws. 20 18. Free From Liens. City shall pay, when due, all sums of money that 21 may become due for any labor, services, material, supplies, or equipment, alleged to have been furnished or to be furnished to City, in, upon or about the Premises. and which may 22 be secured by a mechanics', materialmen's or other lien against the Premises or County's interest therein, and will cause each such lien to be fully discharged and released at the 23 time the performance of any obligation secured by such lien matures or becomes due; provided, however, that if City desires to contest any such lien, it may do so, but 24 notwithstanding any such contest, or such lien shall be reduced to final judgment, and such 25 judgment or such process as may be issued for the enforcement thereof is not promptly stayed, or if so stayed, and said stay thereafter expires, then and in such event, City shall 26 forthwith pay and discharge said judgment. 27 19. Employees and Agents of City. It is understood and agreed that all persons hired or engaged by City shall be considered to be employees or agents of City 28 Page 6 of 10 and not of County. 1 2 20. Option to Purchase. 3 (a) In the event City is not in default under the lease, City shall have the exclusive right and option during the term of this lease, to purchase from County 4 the Premises at a price, herein called the Option Price, which shall be determined as provided in Paragraph 20(b)(2) and which price shall be applicable on the date interest is 5 conveyed by County to City. 6 (b) Said option to purchase may be exercised by City at any time 7 during the term of this lease by giving County written notice of its election thereof. City must exercise its option to purchase by giving written notice of City's desire to purchase 8 County's interest in the Premises at a future date, herein called Purchase Date, which said Purchase Date shall not be more than one hundred twenty (120) days following the date 9 of the written notice, but in no event shall the Purchase Date be later thaq June 30, 2003. 10 Upon the exercise of said option: 11 (1) County shall select an appraiser to produce a written appraisal of the then current fair market value of the Premises, herein called the Appraised 12 Value. The name of said appraiser and a quote for the cost to produce said appraisal shall be delivered by County to City in writing. City shall have the right to approve the appraiser 13 and the price for the appraisal, which approval shall not be unreasonably withheld. Should 14 the parties be unable to mutually agree upon an appraiser, County shall provide the names of three appraisers from which City shall choose one. City and County shall each pay one- 15 half of the cost of the appraisal. It shall be a requirement of the appraiser to deliver copies of the finished appraisal to County and City not later than forty five (45) days prior to the 16 Purchase Date. 17 (2) The Option Price shall be determined by deducting all 18 Certified Costs as provided in Paragraph 9(c) of this lease from the Appraised Value. 19 (3) Upon completion and acceptance of the appraisal and determination of the Option Price, County and City shall establish an escrow at City's cost 20 with an escrow company acceptable to County and City for the purpose of conveying 21 County's interest in the Premises to City and providing a title insurance policy issued by an established title insurance company, the premium for which shall be paid for by City in 22 favor of City for said Premises. Said escrow shall close not later than the Purchase Date or June 30, 2003. 23 (4) If City exercises the option provided in this Paragraph 24 20, then upon conveying title to the Premises to City and payment to County of the Option 25 Price as provided in Paragraph 20(b)(3), then this lease shall terminate. 26 (5) Both County and City agree to perform any further acts and to execute and deliver any documents which may be reasonably necessary to carry 27 out the provisions of this Paragraph 20. 28 Page 7 of 10 (c) The Option to Purchase shall terminate upon termination of this 1 lease as provided in Paragraph 3 and Paragraph 13 of this lease. 2 21. Binding on Successors. City, its assigns and successors in interest, 3 shall be bound by all the terms and conditions contained in this lease, and all of the parties thereto shall be jointly and severally liable thereunder. 4a 22. Waiver of Performance. No waiver by County at any time of any of 5 the terms and conditions of this lease shall be deemed or construed as a waiver at any 6 time thereafter of the same or of any other terms or conditions contained herein or of the strict and timely performance of such terms and conditions. 7 23. Severability. The invalidity of any provision in this lease as 8 determined by a court of competent jurisdiction shall in no way affect the validity of any 9 other provision hereof. 10 24. Venue. Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this lease shall be tried 11 in a court of competent jurisdiction in the County of Riverside, State of California, and the parties hereto waive all provisions of law providing for a change of venue in such 12 proceedings to any other county. 13 25. Attorneys' Fees. In the event of any litigation or arbitration between 14 County and City to enforce any of the provisions of this lease or any right of either party hereto, the unsuccessful party to such litigation or arbitration agrees to pay to the 15 successful party all costs and expenses, including reasonable attorneys' fees, incurred therein by the successful party, all of which shall be included in and as a part of the 16 judgment rendered in such litigation or arbitration. 17 26. Notices. Any notices required or desired to be served by either party 18 upon the other shall be addressed to the respective parties as set forth below: 19 County: City: 20 County of Riverside City of Cathedral City 21 Department of Building Services 35-325 Date Palm, Suite 136 3133 Mission Inn Avenue Cathedral City, California 92235 22 Riverside, California 92507 23 or to such other addresses as from time to time shall be designated by the respective 24 parties. 25 27. Permits, Licenses and Taxes. City shall secure, at its expense, all necessary permits and licenses as it may be required to obtain, and City shall pay for all 26 fees and taxes levied or required by any authorized public entity for any such permits and licenses. 27 28 28. Paragraph Headings. The paragraph headings herein are for the Page 8 of 10 convenience of the parties only, and shall not be deemed to govern, limit, modify or in any 1 manner affect the scope, meaning or intent of the provisions or language of this lease. 2 29. County's Representative. County hereby appoints the Director of 3 Building Services as its authorized representative to administer this lease. 4 30. Agent for Service of Process. City shall file with County's Director of Building Services, upon its execution hereof, a designation of a natural person residing 5 in the State of California, giving his or her name, residence and business addresses, as 6 its agent for the purpose of service of process in any court action arising out of or based upon this lease, and the delivery to such agent of a copy of any process in any such action 7 shall constitute valid service upon City. It is further expressly understood and agreed that if for any reason service of such process upon such agent is not feasible, then in such 8 event, City may be personally served with such process out of the County and that such 9 service shall constitute valid such upon City. It is further expressly understood and agreed that City is amenable to the process so served, submits to the jurisdiction of the court so 10 obtained and waives any and all objections and protests thereto. 11 31. Entire Lease. This lease is intended by the parties hereto as a final expression of their understanding with respect to the subject matter hereof and as a 12 complete and exclusive statement of the terms and conditions thereof and supersedes any 13 and all prior contemporaneous leases, agreements and understandings, oral or written, in connection therewith. It is further recognized between the parties hereto that should there 14 be any conflict between the provisions of this lease and/or any attachments hereto, the lease provisions shall prevail. This lease may be changed or modified only upon the 15 written consent of the parties hereto. 16 32. Interpretation. The parties hereto have negotiated this lease at arms 17 length and with advice of their respective attorneys, and no provision contained herein shall be construed against the County solely because it prepared this lease in its executed form. 18 /// 19 /// 20 21 /1/ 22 23 24 25 26 27 28 Page 9 of 10 • 1 33. Approval by Board of Supervisors. This lease shall not be binding or consummated until its approval by the County's Board of Supervisors. 2 3 Dated: JUN 3 0 1998 CITY OF CATHEDRAL CITY, a Municipal Corporation • 4 (Lessor) 5 6 By M,/ 7 G/T/ /14 v4 •/Z. (title/name) 8 g By: 10 (title/name) 11 01450 c 12 ,`0 Ge�,�� � v�GS�a b�1�3 G�� � 13 �t�\� Z�, y �I $r COU - •ID 14 • By: 15 JOHN F. TAVAGUONE. Chairman 16 Board of Supervisors 17 ATTEST: 18 GERALD A. MALONEY Clerk oft ► .rdFORM AFr,a)VEL, , 19 ii Vv COUNTY COUNSEL 20 JUN 2 4 1998 Deputy n 21 BY [SEAL] ASSISTANT COUNTY COUN 22 • 23 24 25 26 DHS:js 27 6/3/98 5.613 28 Page 10 of 10 EXHIBIT "A" LEGAL DESCRIPTION: PORTION LOT II AND LOTS KKP, 140 AND 141, MAP BOOK 013, PAGE 024, CATHEDRAL CITY 68707 Highway 111 Page 1 of 4 N\ 1 , . IL —_ --EIL „I 1( t 11 •`--- �ootf4a \ - �,— — -- _,— v EXHIBIT "Arr . .,,-_ _ ,.r, . rt L•�s ".. r• Mat . 6"4•-4 '..". o 5 Iliri-7 J 1 I xAtll�o Rq a � y I . /phi KROOQIU___ V aa CATHEDRAL � � tk / t� e 1 1 z .bouuixY' DRl. 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' . • , " N-00° CONVERSR I ��•�• j '-,-?,'1.,,...-�� - ir, I, I , Lam_ -i ,tiA , ., a PAsco , , �,;,. ,:r' , rf in, , \`ly. 4, �E � . : \�.�lo'grIORIE I`�°i°�R� J- - .. •pin 't_E?.j- / ./ '� Of ANf� 1 yq`°E- OEMID FORD �+ ,_—I_� NIX* • _� (NEM PO 3 ` Mo it B 1/ • 'os�r ni . 51 I R �ocarr P`.r�t. I�ot f- ` \ e . ' /-.w r!r; as Mar p g lc NOMe it, !►At 4st 1/• v - '14 "� v g p M RE tl s. 4[[..0 : __.rAse_.7,. _11 .44t444 s'-•11•1:1, , 'es '\\,‘,*(4:I @LEsk: I -,. OH'ST _ IC ... X g 11,i43_, �Re. R ,G _, -♦ a •IA: PAPAYA W Irma OA d r 2In_S- 5 OQ�' \ \ tt• POMEORANATEIF o '"i ii- 1 4R n e _. pP E.a lag"A.' • 4e;1 PANEO LAREOO _L r. IB=►'�R° 11 t > t �+ �rb _� � �"�oaso� sP"" 1; f OAWEI t•T \ (� • - :3L i_i.•u IL _ 0 ` ^).1.\.. •-..-.-Lii5 I `` ,i�A Atif IA WAS . 1.._.„Az_, ,r• • —A— \ _ alAw716 1 '�'_- �a _�_ _ *... .t i?..P s,1 1 �. 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De VAN ca --1 r---—7 r- i..., --7 I T I I III t. / / i I I 4 , I 1 I (:) I 68707 Highway 111 Page 3 of 4 _ ..._ • . _ . . EXHIBIT "A" 73 Office ' Kitchen • Area Office Parking Lot 46 46 4 Entry 14 11 12 7.5 7.5 7.5 Ladie's Lavatory 7.5 Men's Lavatory 18 18 Building Area* Building Area* 46 x 73 = 3358 7.5 x 18 = 135 7.5 x 18 = 135 Subtotal* 3628 SF Total* 3628 SF f * Total G.L.A. 3628 SF C • 68707 Highway 111 Page 4 of 4 •