2014 Greater CV Chamber of Commerce - Lease Agr City HallMEMORANDUM
TO: Frank J. Spevacek, City Manager
FROM: Tustin K. Larson, Marketing & Events Supervisor
DATE: October 5, 2015
RE: Chamber lease amendment regarding rent deferment
Attached for your signature is the amendment with La Quinta Chamber of Commerce
for rent deferment.
Please sign the attached amendment(s) and return it to the City Clerk for processing
and distribution.
Requesting department shall check and attach the items below as appropriate:
Contract payments will be charged to account number:,
A Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s) is attached with
no reportable interests in LQ or _ reportable interests
XX A Conflict of Interest Form 700 Statement of Economic Interests is not required because this Consultant does not
meet the definition in FPPC regulation 18701(2).
Authority to execute this agreement is based upon:
XX Approved by the City Council on September 15, 2015
City Manager's signature authority provided under Resolution No. 2005-095
Public Works projects for $30,000 or less.
City Manager's signature authority provided under Resolution No. 2005-096
Service agreements for $30,000 or less.
City Manager's signature authority provided under Contract Change Order Policy
Contracts under $100,000= 10% max, contracts over $100,000= $25,000 max
The following required documents are attached to the agreement:
N/A Insurance certificates as required by the agreement (initialed by Risk Manager on date)
N/A Performance bonds as required by the agreement (originals)
N/A City of La Quints Business License (copyor note number & expiration date here
municipalTHIS LEASE AGREEMENT (the "Lease") is made effective this day of
2014 (the "Effective Date"), by and between THE CITY OF LA QUINTA,
• ••r • and("Landlord"),• the LA QUINTA
CHAMBER OF COMMERCE, a California non-profit organization ("Tenant").
Landlord - -Ir - - the property described below to Tenant uponthe following
terms • conditions
1. Premises. Landlord is the owner of that certain real property located in
the City of La Quinta, County of Riverside, State of California, with a physical
address of 78495 Calle Tampico, commonly known as the La Quinta City Hall.
The portion of the La Quinta City Hall that is the subject of the Lease is identified
on Exhibit "A," attached hereto and incorporated herein by this reference
("Premises")
Landlord2. Grant of Lease. - hereby
Landlord,leases from - - together - parking areas
right to use the
located on -mises, upon the terms and conditions stated in this Lease.
Tenant shall • have use under this Lease a conference••space in the La
Quinta City Hall located on - - and identified on • -•
hereto and incorporated herein by - - - • r up to - • approximately
• hour meetingseach • for - purpose of • i • its :•. • and various
committee- - rs. Tenant shall secure written approvalfrom • • no less
than fifteen (15) business days prior to said monthly meetings for use of the
classroom. Landlord may, for good - deny Tenant's for - desired
date at its solediscretiot.
3. Scope of Lease. Landlord hereby leases the Premises to Tenant for the
primary purpose of promoting, encouraging and representing the business
community of La Quinta and vicinity, but the Premises may be used by Tenant for
other official business, such as putting on events, when first approved in writing by
the City Manager or his/her designee.
4. Term. The Term of this Lease shall commence on December 1, 2014 and
shall end on November 30, 2017, unless sooner terminated as provided herein (the
5. Term Extension. The Term of this Lease may be extended for a period of
one (1) year with a written amendment to this Lease approved and executed by
both Landlord and Tenant.
6. Bent and Oporaednq Charges. Beginning December 1, 2014, and
continuing throughout the Term, Tenant shall pay to Landlord monthly rent for use
of the Premises in the amount of Six Hundred Dollars ($600.00) plus a flat
monthly rate equal to Two Hundred Dollars ($200.00) for gas, water, and electric
utility charges, for total of Eight Hundred Dollars ($800.00) per month . Tenant
shall be responsible to pay all possessory interest or other taxes (if any) and
charges or fees (if any) for services provided by other utilities not covered under
the flat monthly rate set forth in the proceeding sentence directly to the collector of
any such taxes or utility provider of such service for the Premises and Tenant's use
thereof. All payments required to be made under this Lease shall be hereinafter
referred to as "Rent." Except for taxes and utility fees or charges (if any) to be
paid directly to the tax collector or utility provider as provided in this Section, all
payments shall be, paid by Tenant to Landlord in advance on the first (1 St) day of
each month without notice or demand from Landlord at Landlord's address as
provided by Section 24 below.
7. Late Charges.- If any of the Rent is not received by Landlord within
fifteen (15) days after the first (Vt) day of each month, then, without any
requirement for notice by Landlord, Tenant shall pay to Landlord an additional
amount of Twenty Dollars ($20.00) for each day that such Rent is delinquent.
8. Custodial Services. As a condition to this Lease, Tenant shall contract
with a custodial service company approved by Landlord both in writing and at
Landlord's sole discretion, to perform custodial services on the Premises during the
Term.
9. Tenant's Annual Report. Tenant shall prepare and submit to Landlord, on
an annual basis and no earlier than December 15 but no later than December 31 of
each year, a report specifying the activities pursued and results that Tenant has
achieved in connection with its efforts to locate a permanent physical location for
its operation. Tenant hereby represents to Landlord that it shall in good faith make
such effort to secure a permanent physical location for its operation.
(a) Tenant shall not do, or permit anything to be done, in or on the
Premises, which in any way will (1) increase the rate of fire insurance on the
Premises; (2) invalidate or conflict with the fire insurance policies on the
Premises or fixtures or on personal property kept therein; (3) obstruct or
interfere with the rights of Landlord or Landlord's other tenants at the La
Quinta City Hall; (4) subject Landlord to any liability for injury to persons or
damage to property; or (5) interfere with the good order of the Premises or
the La Quinta City Hall.
(b) Landlord shall not be liable under this Lease to Tenant for injuries
to Tenant's person or damage to property occurring on the Premises or La
Quinta City Hall or to any persons entering the Premises or La Quinta City
Hall related to Tenant's use or occupancy thereon, including, without
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limitation: (1) a loss of property by theft or burglary; (2) damage or injury to
person or property on the Premises or the La Quinta City Hall; (3) any
damage or injury caused by action of the natural elements; or (4) damage or
injury resulting from (i) the conduct of Tenant, Tenant's contractors,
licensees or invitees, whether negligent or otherwise, or (ii) any other act,
event or occurrence in or about the Premises or La Quinta City Hall other
than the grossly negligent or intentional acts of Landlord or Landlord's
employees, contractors, licensees or invitees. Tenant shall not make any
claim against Landlord for any loss or damage described in this Section.
(c) Upon expiration of the Term, or any earlier termination of this
Lease, Tenant shall surrender to Landlord the Premises, including all
alterations, improvements and other additions made by Landlord or Tenant,
in good order, condition, and repair, reasonable wear and tear excepted.
Tenant shall also remove any improvements made by Tenant to the Premises
(e.g., office spaces, equipment) without any compensation due by Landlord
to Tenant or, at Landlord's sole discretion, Tenant shall take the necessary
steps to return the Premises to the configuration of the Premises as found by
Tenant at the commencement of the Term absent any, or at the request of
the City some but not all, of such improvements and in good order,
condition, and repair.
11. Improvements. Any alterations, improvements, or installations of
fixtures to be undertaken by Tenant shall have the prior written consent of the
Landlord after Tenant has submitted such proposed alterations, improvements, or
fixtures in writing to Landlord.
12. Tenant's Insurance.
(a) Types. Tenant, at no cost and expense to Landlord, shall procure
and keep in full force and effect during the Term, insurance policies meeting
the minimum requirements set forth below:
(i) Comprehensive general liability insurance with respect to
the Premises and the operations of or on behalf of Tenant or its
agents, officers, directors, and employees in, on or about the Premises
in an amount not less than One Million Dollars ($1,000,000) per
occurrence combined single limit bodily injury, personal injury, death
and property damage liability per occurrence, subject to such increases
in amount as Landlord may reasonably require from time to time. The
policy or policies shall include that Landlord and its officers,
employees, and agents shall be named as additional insureds under
such policy or policies, with an endorsement evidencing same;
(ii) Worker's compensation coverage as required by the laws
of the State of California together with employer's liability coverage;
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(iii) With respect to the improvements, fixtures, furnishings,
equipment and other items of personal property located on or in the
Premises, insurance against fire, peril of flood, extended coverage,
vandalism and malicious mischief, and such other additional perils,
hazards and risk as now are or may be included in standard "all risk"
forms in general use in Riverside County, California, for an amount
equal to not less than the full current actual replacement cost thereof.
Landlord shall be named as an additional insured under such policy or
policies and such insurance shall contain a replacement cost
endorsement.
(b) Standard. All policies of insurance required to be carried by Tenant
under this Lease shall be written by responsible and solvent insurance
companies authorized to do business in the State of California. A copy of
each paid -up policy evidencing such insurance (appropriately authenticated
by the insurer) or a certificate of the insurer, certifying that such policy has
been issued, providing the coverage required by this Section and containing
provisions specified herein, as well as accompanying endorsements, shall be
delivered to Landlord prior to the date Tenant is given the right of possession
of the uniform Premises or as Landlord may otherwise require, and upon
renewals, not less than thirty (30) days prior to the expiration of such
coverage.
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(a) An event_ of default (an "Event of Default") shall occur under this
Lease if:
(i) Tenant shall fail to perform any of the terms, conditions
or covenants of this Lease to be observed or performed by Tenant and
such failure shall continue for more than thirty (30) days thereafter,
unless such default is of a nature that it cannot practically be cured
within such thirty (30) day period but can be cured within a
reasonable time but in no event later than ninety (90) days, and
Tenant is proceeding with due diligence to cure such default; or
(ii) Tenant's abandonment of the Premises- in a manner not
otherwise permitted herein.
(b) The failure of Landlord to insist, in any one or more instances, upon
a strict performance of any of the covenants of this Lease or to exercise any
right or remedy contained herein, shall not be construed as a waiver or a
relinquishment for the future of such covenant or option.
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14. Termination. Landlord and Tenant can mutually agree to terminate
this Lease by way of a written document reflecting the parties' desire to terminate.
Tenant or Landlord can unilaterally terminate this Lease upon Tenant's locating and
securing a new physical location for its operation. Upon any such aforementioned
termination, Tenant shall surrender the Premises, in accordance with the provisions
contained in this Lease, no later than the effective date of termination, and pay
Rent to Landlord, on a pro rated basis, for each day leading up to the termination
date.
15. Tenant's _Indemnity. To the fullest extent permitted by law, Tenant
shall, at Tenant's sole expense and with counsel reasonably acceptable to
Landlord, defend, indemnify, and hold harmless Landlord, its agents, and any and
all affiliates of Landlord, including, without limitation, any public agency or other
entities controlling, controlled by or under common control with Landlord, from and
against any and all claims (including demands, losses, actions, causes of action,
damages, liabilities, expenses, charges, assessments, fines or penalties of any kind,
and costs including consultant and expert fees, court costs and attorney's fees) or
liabilities from any cause arising out of or relating (directly or indirectly) to Tenant's
use or occupancy of the Premises or the conduct of its business or from any
activity, work, or thing done, permitted or suffered by Tenant in or about the
Premises, and shall further defend, indemnify, and hold harmless Landlord, its
agents, and affiliates against and from any and all claims or liabilities arising from
any breach or default in the performance of any obligation on Tenant's part to be
performed hereunder, or arising from any act or negligence of Tenant, or of its
agents, employees, visitors, patrons, guests, invitees or licensees, including
vendors, servicing Tenant, and from and against all costs, attorneys' fees,
expenses and liabilities incurred in or about any such claims or liabilities or any
actions or proceedings brought thereon. Notwithstanding the foregoing, Tenant
shall not be liable for damage or injury occasioned by the gross negligence or willful
misconduct of Landlord or its designated agents, servants or employees, unless
covered by insurance Tenant is required to provide. This obligation to indemnify
shall include Tenant's payment of reasonable attorneys' fees and investigation
costs and all other reasonable costs, expenses and liabilities incurred or suffered by
Landlord from Landlord's receipt of the first notice that any claim or demand is to
be made or may be made.
Tenant's indemnification obligation hereunder shall survive the expiration or earlier
termination of this Lease until all claims against Landlord involving any of the
indemnified matters are fully, finally, and absolutely barred by the applicable
statutes of limitation.
16. Right to Enter. Landlord shall have the right to enter the Premises
(a) at reasonable hours upon prior reasonable notice to Tenant (verbal or written)
for any purpose permitted or required by this Lease; or (b) at any time that an
emergency exists, to examine the Premises or to make such repairs and alterations
as shall be reasonably necessary for the safety and preservation of the Premises.
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17. Landlord Contact_ Person. During the Term, Tenant shall direct all
questions, concerns, and correspondence regarding repairs or other issues relating
to this Lease to Landlord's representative, City Manager, at the address set forth in
Section 24 herein.
18. ssign° ent and Subletting. Tenant shall not have the right to sublet
the Premises, or any portion thereof, or to assign or mortgage Tenant's interest in
this Lease, or any portion thereof, without the prior written consent of Landlord,
which consent may be withheld in Landlord's sole and absolute discretion. In the
case of any such subletting or assignment approved by Landlord, Tenant shall
remain fully obligated to Landlord for the performance of all terms and conditions of
this Lease. Notwithstanding the foregoing, Landlord may, without Tenant's
consent, assign this Lease to any of its affiliates, successors or assigns.
19. Title. No part of this Lease shall be interpreted as conveying any
portion of the title to the Premises or La Quinta City Hall to the Tenant.
20. Applicable Laws. Tenant hereby covenants and warrants that Tenant
shall comply with all applicable laws, rules, and regulations, including, without
limitation, Landlord's rules and regulations, in connection with its operations on the
Premises.
21. Governinq Law. This Lease shall be construed and applied in
accordance with the laws of the State of California without regard to conflict of
law principles.
22. Severability., Any provision or provisions of this Lease which shall
prove to be invalid, void, or illegal shall in no way affect, impair or invalidate any
other provision, and the remaining provisions shall remain in full force and effect.
23. eadinga. The headings of the various Sections of this Lease are
inserted for reference only and shall not to any extent have the effect of modifying,
amending or changing the express terms and provisions of this Lease.
24. Notices. All notices, demands, elections, deliveries and other
communications between Landlord and Tenant required or desired to be given in
connection with this Lease ("Notices"), to be effective hereunder, shall, except as
otherwise expressly provided in this Lease, be in writing, and shall be deemed to be
given and received (a) when delivered personally; or (b) two (2) days after being
deposited with a national overnight courier service (e.g., Federal Express) or with
the United States Postal Service as certified mail, return receipt requested, in either
event with all charges or postage prepaid and addressed as follows:
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If to Landlord: City of Quinta
78495 Calle Tampico
Quinta,La • 92253
With a -Copy to: Rutan & Tucker, LLP
611 Anton Boulevard, 14th Floor
Costa Mesa, CA 92626
If to Tenant: La Quinta Chamber of Commerce
78275 Calle Tampico
La Quinta, CA 92253
With a Copy to: Law Offices of Thomas McDermott
77530 Enfield Lane, Suite H-2
Palm Desert, CA 92211
Either Landlord or Tenant may from time to time designate another address
for the receipt of future Notices by a Notice given as provided in this Section 24 to
the other party at the address set forth herein, or as last provided by such other
party in accordance with this Section 24.
25. Amendments and Waivers. Neither this Lease nor any term or
provision hereof may be changed, waived, or discharged orally, but only by an
instrument in writing signed by the party against which the enforcement of the
change, waiver, or discharge is sought.
26. Successors and Assigns. Notwithstanding anything contained herein
to the contrary, but subject to the provisions concerning assignment and transfers
set forth herein, this Lease shall be binding upon and inure to the benefit, as the
case may require, of the parties hereto and their respective heirs, executors,
administrators, successors, and assigns.
27. Rules and Regulations. Landlord shall have the right, from time to
time, to issue reasonable rules and regulations regarding the use of the Premises.
When so issued, such rules and regulations shall be considered a part of this Lease.
Landlord 'shall not be liable to Tenant in the violation of any rules and regulations or
the breach of any covenant or condition in any lease by any other of the Landlord's
tenants.
28. Entire Agreement. This Lease contains the entire agreement of the
parties with regard to the matters set forth herein. Any other agreements,
promises or representations, oral or written, between the parties with respect to
such matters are hereby superseded and merged into this Lease.
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29. Execution of CounteTarts. This Lease may be executed in several
counterparts, each of which shall be an original but all of which shall constitute one
and the same instrument.
30. Relationship Between the Parties. otwithstanding the existence of
other relationships between the parties to this Lease, this Lease only controls the
relationship between Landlord, as Landlord under this Lease, and Tenant, as Tenant
under this Lease.
IV1 V!'ITNESS WHEREOF, the parties hereto have caused this instrument to be
executed to be effective as of the date first written above.
CITY OF LA QUINTA,
a municipal corporation and charter city
Digitally signed by Frank J. Spevacek
DN: serialNumber=q8x45h I 4dsg5g957, c=US, st=California,
I=La Quinta, o=Frank J. Spevacek, cn=Frank J. Spevacek
By: Date: 2014.11.17 17:25:18 -08'00'
FRANK J. SPEVACEK, City Manager
ATTEST:
Digitally signed by City of La Quinta
DN: serialNurnber=6frnhzhdhvfjz93cr, c=US, st=California,
I=La Quinta, o=City of La Quinta, cn=City of La Quinta
Date: 2014.11.18 08:31:10 -08'00'
SUSAN MAYSELS, City Clerk
WILLIAM H. IHRKE, City Attorney
LA QUINTA CHAMBER OF COMMERCE,
a California non-profit organization
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By:
Title:
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.. OF THE PREMISES
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The Chamber may have Use of the Study Session Room for up ♦ eight (8) ♦:
hour meetings a month. The City reserves the right to relocate these meetings to
other conference rooms in City Hall as needed. Pre -approval and early scheduling
is required for the use of the Study Session room as outlined in Section 2. Grant of
Lease.
MW