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Riverside Co/Fire Station Madison 86LEASE CITY OF LA QUINTA PGA WEST FIRE STATION CITY OF LA QUINTA, HEREIN CALLED "City", leases to the COUNTY OF RIVERSIDE, HEREIN CALLED "County", the property described below upon the following terms and conditions: 1. Description. The premises leased hereby include a building located at 54-001 Madison Street, La Quinta, consisting of approximately 5,750 square feet, County shall have the exclusive use and possession of the leased premises, subject to the terms and conditions set forth herein. 2. Use. All of the premises leased to County hereunder are leased for the primary use as a County fire fighting facility, but may be used for other official business of County or City government when first approved by County through County Fire Chief or his designee, and the City Manager or his designee. 3. Term. The term of this lease shall be for a period of five (5) years commencing on August 1, 1966 and continuing for five (5) conGecutive years unless terminated pursuant to the provisions of this lease, 4. Renewal. This lease shall be automatically renewed for a period of five (5) years on the fifth anniversary date of its commencement or renewal unless either of the parties hereto gives written notice to the other of its intent to terminate this lease at least 120 days prior to such anniversary date, 5. Consideration. The premises are leased by City to County in consideration of County's operating and staffing a fire station thereon, and of County's providing fire fighting services at least to the level of County's prevailing fire protection standards. County may perform such operations and staffing through its contractor, the California Department of Forestry. 6. Title. Title to the site, buildings and structure shall remain in the City, subject to the terms and condition of this lease_. 7. Custodial Services. County shall provide for its own custodial services. S. Utilities. City shall install or cause to he installed, all utilities, including but not limited to sewer, water, power, gas, telephone and other utility services to the La Quinta PGA West Fire Station No. 70. County shall assume costs up to the total cost, plus 10%, of utilities for the Cathedral City Fire Station No. 34 for the coinciding month, except water, which the City will pay. -1- Z 9. Maintenance, Repair, Replacements. A. City warrants that the leased premises are in good working condition- and repair, and are suitable for the purposes contemplated herein. County shall maintain the interior and exterior of the premises and every part thereof in good repair and working order up to one percent (1%)-annually of the original facility construction cost, plus equipment listed in Exhibit "B", throughout the life of this lease. City shall be responsible for costs exceeding this amount. City shall repair and maintain the structural integrity of the building. lots. B. County shall provide normal maintenance to parking C. City shall provide all landscape maintenance. D. All appliances installed by City, an inventory of which is attached hereto as Exhibit "B" and incorporated herein by reference, shall become the property of County for maintenance, repair and replacement. In the event of termination of this agreement, City agrees to reimburse County for remaining useful life of items replaced and remaining in the premises. E. City shall be responsible for all factory warranties on all appliances installed by City and listed in Exhibit B 10. Improvements. .A. Any alterations, improvements or installations of fixtures to be undertaken by County shall_ have the prior written consent of City after County has submitted such proposed alterations, improvements or fixtures in writing to City, B. All alterations made, improvements made, and all fixtures installed by County shall remain County property and may be removed by County at or prior to the expiration without renewal of this lease; provided, however, County shall bear all expenses to restore premises to letable condition where injury or damages are caused by such removal. ^. City shall be responsible for all repairs and maintenance covered by its construction and factory warranties, as well as for repair of all conditions which required repair, known and unknown, at the time County took occupancy. 11. Liability. A. County shall satisfy all liability claims and liability arising under the performance of this Agreement up to a maximum of $5,000,000.00. County shall pay all penalties thereon arising under applicable laws, and shall defend, at its own expense, any and all actions brought against either or both of the parties hereto for damages to persons or property caused under the performance of this Agreement, and shall hold City free and harmless of any and all claims and demands up to and including $5,000,000.00. -2- B. City shall satisfy all liability claims and liability arising under the performance of this Agreement and shall pay penalties thereon arising under applicable laws, and shall defend at its own expense, any and all actions brought against either or both parties hereto for damages_to persons or property caused under the performance of this Agreement, and shall hold County free and harmless of any and all claims and demands for all amounts in excess of $5,000,000.00. 12. Options to Terminate A. County's obligation hereunder shall be suspended while the leased premises are unusable for normal operation due to fire, earthquake, flood or other casualty, in which case the City shall timely repair any such damage to the leased premises. If the leased premises are so unusable, in County's judgement, that they cannot be economically or timely repaired by City, County shall have the option to terminate this lease. B. If the City or County shall fail to keep any term, covenant, or condition herein for a period of 120 days after written notice thereof from the other party, City or County shall have the option to terminate this lease. C. In the event that a determination is made, pursuant to the "Lease of Fire Equipment" Agreement between City and County that, City will not replace or repair the fire engine unit involved, County may, at its option, terminate this lease. 13. -Access to Premises. A. City shall have reasonable right of access to the leased premises during normal working hours and in emergency or major disasters at all times. B. Any use of the facility by any group, public or private, for purposes other than its intended use as a fire station, must first be approved by County through the County Fire Chief, or his designee, and by City representatives of the City Manager. Any such use shall in no way interfere with or interrupt the fire fighting function of the leased facility, and shall be of a strictly temporary nature. C. County shall have full use of northeast storage room. City may have limited use of the storage room upon approval of the County through the County Fire Chief. 14. Notices. Any written notices required or desired to be served by either party upon the other shall be address to the respective parties as set forth below: LESSOR COUNTY City Manager Riverside County Fire Chief City of La Quinta Department Headquarters P.O. Box 1504 210 West San Jacinto Avenue La Quinta, CA 92253 Perris, CA 92370 -3- or such addresses as from time to time shall be designated by the respective parties. 15. Entire Lease. The lease is intended by the parties hereto as the final expression of their agreement and as a complete and exclusive statement of the terms and conditions thereof, and supersedes any and all prior and/or contemporaneous sub -leases, leases, agreements and understandings, oral or written. This lease may be changed or modified by the parties hereto only in writing. Dated: CITY OF LA QU John JI.I Pen ATTEST: A yor Ron L. Kiedrowski, City Clerk COUNTY OF RIVERSIDE Chairman, Board of Supervisors Clerk of the Board -4-