RDA Resolution 1996-060L I
RESOLUTION NO. RA 96-06
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF
THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A
FIVE YEAR LEASE AGREEMENT BETWEEN THE LA
QUINTA REDEVELOPMENT AGENCY, THE CITY OF LA
QUINTA, AND THE UNITED STATES POSTAL SERVICE
FOR PROPERTY TO BE USED FOR THE SPECIFIC PURPOSE
OF POSTAL SERVICE TO THE CITY
WHEREAS, the City of La Quinta, La Quinta Redevelopment Agency, and
the United States Postal Service entered into negotiations for a five year lease to
develop a parking lot for the specific purpose of providing postal service to the City;
and,
WHEREAS, the site for the parking lot is located directly adjacent to and
south of the existing La Quinta Post Office having a street address of 51-350 Avenida
Navarro. More particularly known as:
APN 773-104-005 and 006; and,
WHEREAS, said site consists of two 50-feet by 100-feet undeveloped
lots owned by the La Quinta Redevelopment Agency; and,
WHEREAS, in order to facilitate parking for the Post Office, the La Quinta
Redevelopment Agency proposes to lease the site to the City who in turn will
sublease the property to the United States Postal Service for the development of the
parking lot; and,
WHEREAS, pursuant to the Health and Safety Code Section 33433,
notice of the time and place of the hearing was published at least once a week for
two successive weeks prior to he hearing and the Summary Report has been available
for review; and,
WHEREAS:, the Redevelopment Agency has conducted a public hearing
and duly considered all terms and conditions of the p*oposed Agreements and
believes that the development of the Site pursuant thereto is in the best interests of
the Redevelopment Agei**y of La Quinta and the he*qth. satety, and welfare of its
resident(:, and in accord with the publ*c purposes and provi*ion* of applicable State
and local; laws and requirem*nts.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED by
the Redevelopment Agency of the City of La Quinta, California, as follows:
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0LResolution RA 9*O6
SECTION 1. This Redevelopment Agency determines that in order to achieve
a conversion of zip codes for areas recently annexed into the City of La Quinta from
the Cities of Indio and Thermal Post Offices, the Redevelopment Agency will provide
the land necessary to accommodate the expansion of postal service by entering into
Lease Agreements, attached hereto and marked Exhibit A".
SECTION 2. The Redevelopment Agency will waive the necessary fees and
permits to allow the Postal Service to i*istall a trailer behind the existing Post Office.
The Postal Service will pave and grade the Site and the City will provide the
temporary lighting and approximately 200 feet of six-foot chainlink fencing.
SECTION 3. This Redevelopment Agency hereby finds that the Lease
Agreement will assist in the elimination of blight and is consistent with the
Implementation Plan adopted pursuant to Section 33490 of the Redevelopment Law.
SECTION 4. The consideration is not less than the fair reuse market value at
the use and with the covenants and conditions and development costs authorized by
the Lease.
SECTION 5. That the buildings, facilities, structures, or other improvements are
of benefit to the project area or the immediate neighborhood in which the project is
located, regardless of whether the improvement is within another project area, or in
the case of a project area in which substantially all of the land is publicly owned that
the improvement is of benefit to an adjacent project area of the Agency.
SECTION 6. That no other reasonable means of financing the buildings,
facilities, structures, or other improvements, are available to the community.
SECTION 7. That the payment of funds for the acquisition of land or the cost
of buildings, facilities, structures, or other improvements will assist in the elimination
of one or more blighting conditions inside the project area or provide housing for low-
or moderate-income persons, and is consistent with the Implementation Plan pursuant
to Section 33490 of the Redevelopment Law.
SECTION 8. The Redevelopment Agency approves the execution of the Lease
Agreement and a copy of the Agreement, when executed, shall be placed on file in
the office of the Secretary. The Executive Director is authorized to implement the
Agreement and execute all further documents and take such further actions as may
be necessary to carry out the Agreement
SECTION 9. A Categorical Exemption has been adopted per Section 1 5304 of
the California Environmental Quality Act for this project.
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0L II
* Resolution RA 9&06
SECTION 10. The Secretary shall certify to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the La Quinta
Redevelopment Agency, held on this 6th day of August, 1 996, by the following vote,
to wit:
AYES: Board Members Henderson, Holt, Perkins, Chairman Sniff
NOES: None
ABSENT: Board Member Adolph
ABSTAIN: None
STANLEY SNIFF,
City of La Quinta Redevelopment Agency
ATTEST:
City of La Quinta Redevelopment Agency
APPROVED AS TO FORM:
DAWN HONEYWELL#*g'*cy Counsel
City of La Quinta Redevelopment Agency
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0L E)(H*IBITA
LEASE AGREEMENT
THIS LEASE AGREEMENT the Lease") is entered into this day of 1996,
by and between the La Quinta Redevelopment Agency, a public body corporate and politic 91 Lessor"
or"Agency't) and the City of La Quinta, a municipal corporation formed under the laws of the State
of California Lessee" or City").
RECITALS
WHEREAS, the Lessor and Lessee desire to enter into this Lease Agreement to enable the
City to sublease certain property located within the City of La Quinta to the United States Postal
Service; and
WHEREAS, it is necessary for the City to provide additional property to the United States
Postal Service to assist in the process of making ZIP Code adjustments that will be compatible with
the City of La Quinta's municipal lines which is anticipated to become effective December 1, 1995
AGREEMENTS
In consideration of the payments to be made hereunder and the covenants and agreements
contained herein, the parties hereto agree as follows:
ARTICLE I. TERM OF LEASE
1.1 * Lessor is currently the owner of that parcel of real property located in the
City of La Quinta, legally described in Exhibit A" attached hereto and incorporated herein by this
reference the Premises"). A site map of the premise and its relation to the adjacent U. S. Postal
Service building is provided in Exhibit B" attached hereto and incorporated herein by this reference.
Lessor agrees to lease to Lessee and Lessee agrees to lease from Lessor the Premises upon the terms
and conditions expressed herein.
1.2 i*iQn Lessor reserves to itself, its successors, and assigns, together with the
right to grant and transfer all or a portion of the same, the non-exclusive right to enter upon the
Premises in accordance with any rights of Lessor set forth in this Lease.
1.3 Exceptions to Leasehold Estate. This Lease is made subject to all covenants,
conditions, restrictions, reservations, rights, rights-of-way, easements, and all other matters of record
or apparent upon a visual inspection of the Premises affecting the Premises or the use thereof on the
date this Lease is executed by Lessee.
1.4 *. The term of this Lease shall be for five 5) years commencing on the execution
* date by the Lessor.
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0L ARTICLE II. DEVELOPMENT AND OWNERSHIP OF IMPROVEMENTS
2.1 Construction Inspection by Lessor and Ri*ht to Improvements. Lessor shall provide
security lighting and chain link fencing along the unfenced portion of the premise. Lessee shall
construct or cause to be constructed the grading and paving of the Premises which improvements
shall provide additional parking spaces for the United States Postal Service the Improvements").
Building permits shall be obtained and construction begun on the Improvements within two 2)
months of the date of the execution of this Lease. Lessee covenants with Lessor that the
Improvements shall be constructed in a good workmanlike manner according to and in conformity
with plans and specifications to be submitted to lessor pursuant to Section 2.2 below and in
compliance with all applicable municipal building and zoning laws and with all other laws,
ordinances, orders, rules, regulations and requirements of federal, state and municipal governments
and appropriate departments, commissions, boards and officers thereof. At all tinies during
construction, and prior to completion, of the Improvements, Lessor shall have the right, after not less
than twenty-four 24) hours notice to Lessee, to enter upon the Premises in the company of a
representative of Lessee for the purpose of inspecting the same, provided that such entry and
inspection shall not be unreasonably interfere with Lessee's construction of the Improvements. Any
and all Improvements which are made by Lessee to the Premises shall be owned by Lessee during
the Term but shall remain a part of the Premises and be surrendered therewith at the end of the Term
or sooner termination of this Lease, at which time the sarne shall become the property of Lessor.
ARTICLE III. RENT
3.1 NetLease It is the intent of the parties hereto that the rent provided herein shall be
absolutely net to Lessor and that Lessee shall pay all costs, charges and expenses of every kind and
nature against the Premises and any Improvements which may arise or become due during the Term
and which, except for execution and delivery hereof, would or could have been payable b* Lessor.
3.2 Minimum Rent. During the Term of this Lease, Lessee shall pay to Lessor a rent
payment amount of One Dollar $1.00) per year for the term of the Lease the Base Rent"). Rent
for any period during the term hereof which is less than one year shall be a pro rata portion of
Base Rent. Rent shall be payable to Lessor at the address stated herein or to such other persons or
at such other places as Lessor may designate in writing.
ARTICLE IV. USE OF PREMISES AND COMPLIANCE OF LAW
4.1. * The Premises shall be used and occupied, according to the Sublease
approved on the same date, by sublessee for additional space for the United States Postal Service
necessary in servicing the La Quinta service areas.
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0L 4.2 Compliance with Law.
a) Lessor warrants to Lessee that the Premises, in the state existing on the date
that the Lease term commences, but without regard to the use for which Lessee Will occupy the
Premises, does not violate any covenants or restrictions of record, or any applicable building code,
regulation or ordinance in effect on such Lease term commencement date. In the event it is
determined that this warranty has been violated, then it shall be the obligation of the Lessor, afier
written notice from Lessee, to promptly, at Lessor's sole cost and expense, recti* any such violation.
b) Lessee, at Lessee's expense, shall promptly comply with all applicable
statutes, ordinances, rules, regulations, orders, and requirements of all governmental authorities
having jurisdiction affecting the Premises and Improvements or the cleanliness, safety, occupancy
and use of same, whether or nor any such law, ordinance, order, rule or regulation or requirement
in substantial, or foreseen or unforeseen, or ordinary or extraordinary or shall necessitate structural
changes of the Improvements or interfere with the use and enjoyment of the Premises.
4.3 * The Lessee herein covenants by and for himself or herself, his
or her heirs, executors, administrators and assigns, and all persons claiming under or through him
or her, and this lease is made and accepted upon and subject to the following conditions:
There shall be no discrimination against or segregation of any person or group of persons on
account of race, color, creed, religion, sex, marital status, handicap, age, ancestry or national origin
in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the premises herein
leased nor shall the lessee himself or herself or any person claiming under or through him or her,
establish or permit any such practice or practices of discrimination or segregation with reference to
the selection, location, number, use or occupancy of tenants, lessees, sublessees, subtenants or
vendees in the premises herein leased.
ARTICLE V. PAYMENT OF EXPENSES
5.1 Lessee shall pay all of the costs and expenses in the operation, management, and
maintenance of the Improvements. Such expense shall include, without limitation, the following:
I) expenses incurred by Lessee for general maintenance, painting lighting, cleaning, trash removal,
security, fire protection; and ii) the actual cost of repairs to the Improvements.
ARTICLE VI. MAINTENANCE OF THE PREMISES
6.1 Obli*ations for Maintenance. Lessee, at Lessee's expense without cost to Lessor,
shall maintain in good order, condition, quality, and repair, the Improvements and every parr thereof
and any and all appurtenances thereto wherever located, and all other repairs, replacements, renewals
and restorations ordinary and extraordinary, foreseen and unforeseen.
6.2 Liens. Lessee shall keep the Premises, the Improvements, or any part thereof free
from any and all liens arising out of any work performed, materials furnished or obligations incurred
by or fore Lessee, and agrees to cause to be discharged any mechanic9s or materialmen's lien of
record within twenty 20) days after the lien has been filed or within ten 10) days after receipt of
written request from Lessor, whichever shall be the sooner.
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ARTICLE VII. INSURANCE AND INDEMNITY
7.1 * Lessor has existing insurance through a joint powers insurance
authority which it shall keep in force during the term of this Lease.
7.2 Property Insurance. Lessor shall obtain and keep in force during the term of this
Lease a policy or policies of insurance covering loss or damage to the Building, but not Lessee s
personal property, fixtures, equipment or tenant improvements, in an amount not to exceed the fill
replacement value thereof, as the same may exist from time to time, providing protection against all
perils including without the classification of fire, extended coverage, vandalism, malicious mischief,
flood in the event same is required by a lender having a lien on the Premises) special extended perilS
all risk", as such term is used in the insurance industry), plate glass insurance and such other
insurance as Lessor deems advisable. In addition, Lessor shall obtain and keep in force, during the
term of this Lease, a policy of rental value insurance covering a period of one year, with loss payable
to Lessor, which insurance shall also cover all Operating Expenses for said period.
7.3 Waiver of Subrogation. Lessee and Lessor each hereby release and relieve the other,
and waive their entire right of recovery agamst the other for loss or damage arising out of or incident
to the perils insured against which perils occur in, on or about the Premises, whether due to the
negligence or Lessor or Lessee or their agents, employees, contractors and/or invitees. Lessee and
Lessor shall, upon obtaining the policies of insurance required hereunder, give notice to the
insurance camer or carriers that the foregoing mutual waiver of subrogation contaihed in this Lease.
7.4 Indemnity. Lessee shall indernni* and hold harmless Lessor from and against any
and all claims arising from Lessee's use of the Premises, or from the conduct of Lessee's business
or from any activity, work or things done, permitted or suffered by Lessee in or about the Premises
or elsewhere and shall firrther indemnify* and hold harmless Lessor from and against any and all
claims arising from any breach or default in the performance of any obligation on Lessee's part to
be performed under the terms of this Lease, or arising from any act or omission of Lessee, or any of
Lessee's agents, contractors, or employees, and from and against all costs, attorney's fees, expenses
and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon;
and in case any action or proceeding be brought against Lessor by reason of any such claim, Lessee
upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory
to Lessor and Lessor shall cooperate with Lessee in such defense. Lessee, as a material part of the
consideration to Lessor, hereby assumes all risk of damage to property of Lessee or injury to persons,
in, upon or about the Premises arising from any cause and Lessee hereby waives all claims in respect
thereof against Lessor.
Article VIII. UTILITY CHARGES
8.1 Lessee shall pay all charges for gas, water, sewer, electricity, telephone and other
utility services or franchise supplier sued on or in the Premises. If any such charges are not paid
when due, Lessor may pay the same after giving Lessee fifteen 15) days prior written notice, and
any amount soaid by Lessor shall thereupon become due to Lessor from Le* as addition**ent.
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ARTICLE IX. ALTERATIONS AND ADDITIONS
Without Lessor's prior written consent, which consent may be withheld or granted in Lessor 5
reasonable discretion, Lessee shall not have the right to make changes or alterations to the
Improvements or the Premises, except on the following conditions:
a) Lessee shall not make any alterations, whether structural or non-structural, which will
decrease the value of the Premises or the Improvements. If the cost of such changes or alterations
to the Improvements or the Premises exceeds Five Thousand Dollars $5,000), Lessee shall submit
to Lessor plans and specifications for approval.
b) Before the commencement of any work, Lessee shall pay the amount of any increased
premiums on insurance policies provided for hereunder;
c) Lessor shall in no event be required to make any alterations, rebuilding, replacement,
changes, additions or Improvements or repairs to the Premises, except as specifically provided in this
Lease;
d) All such changes, alterations, rebuilding, replacements, additions, improvements and
repairs to the Premises made by Lessee shall be deemed to have attached to the realty and to have
become the property of Lessor upon the expiration of the Term or upon sooner termination of this
Lease.
ARTICLE X. ASSIGNMENT AND SUBLETTING
10.1 Agency's Consent Required. With the exception of the Sublease Agreement with the
United States Postal Service attached hereto* as Exhibit C" and incorporated herein by this
reference, Lessee agrees and covenants which covenants shall be binding upon the heirs, executors,
and administrators of Lessee) that Lessee shall not, assign, sell, encumber, pledge or otherwise
transfer all or any part of Lessee's leasehold estate hereunder, without Lessor's prior written consent.
No assignment, whether voluntary or involuntary, by operation of law, under legal process or
proceedings, by receivership, in bankruptcy, or otherwise, and no subletting shall be valid or
effective without such prior written consent, and at Lessorts election, shall constitute a default.
10.2 Lessee Remains Obligated. No subletting or assignment, even with the consent of
Lessor, shall relieve Lessee of its obligation to pay Rent and all of its other obligations hereunder.
The acceptance by Lessor of any payment due hereunder from any person or entity other than Lessee
shall not be construed as a waiver by Lessor of any provision of this Lease or as a consent to any
assignment or subletting. Consent by Lessor to an assignment of this lease or to a subletting of the
Premises shall not operate as a waiver or estoppel to the future enforcement by Lessor of its rights
pursuant to this Lease.
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ARTICLE XI. DEFAULT
11.1 Events of Default. The occurrence of any one or more of the following events shall
constitute a material default of this Lease by Lessee:
a) The failure by Lessee to make any payment or rent or any other payment
required to be made by Lessee hereunder?;*s and when due, where such failure shall continue for a
period of fifteen 15) days after written notice thereof from Lessor to Lessee.
b) Except as otherwise provided in this Lease, the failure by Lessee to observe
or perform any of*e covenants, conditions or provisions of this Lease to be observed or performed
by Lessee where such failure shall continue for a period of thirty 30) days after written notice
thereof from Lessor to Lessee; provided, however, that if the nature of Lessee 5 noncompliance is
such that more than thirty 30) days are reasonably required for its cure, then Lessee shall not be
deemed to be in default if Lessee commenced such cure within said thirty 30) day period and
thereafter diligently prosecutes such cure to completion.
c) The abandonment by Lessee of the Premises or a substantial portion thereof.
11.2 Remedies. In the event of any such material default by Lessee, Lessor may at any
time thereafter, with or without notice or demand and without limiting Lessor in the exercise of any
right or remedy which Lessor may have by reason of such default:
a) Terininate Lessee1s right to possession of the Premises by any lawful means,
in which case this Lease and the term hereof shall terminate and Lessee shall immediately surrender
possession of the Premises to Lessor. In such event, Lessor shall be entitled to recover from Lessee
all damages incurred by Lessor by reason of Lessee's default including, but not limited to, the cost
of recovering possession of the Premises; expenses of reletting, including necessary renovation and
alteration of the Premises, reasonable attorney's fees, and any real estate commission actually paid;
the worth at the time of award by the court having jurisdiction thereof of the amount by which the
unpaid rent for the balance of the term after the time of such award exceeds the amount of such
rental loss for the same period that Lessee proves could be reasonably avoided that portion of the
leasing commission paid by Lessor applicable to the unexpired term of this Lease.
b) Maintain Lessee's right to possession in which case this Lease shall continue
in effect whether or not Lessee shall have vacated or abandoned the Premises. In such event Lessor
shall be entitled to enforce all Lessor's rights and remedies under this Lease, including the right to
recover the rent as it becomes due hereunder.
c) Pursue any other remedy now or hereafter available to Lessor under the laws
or judicial decisions of the sate wherein the Premises are located. Unpaid installments of rent and
other unpaid monetary obligations of Lessee under the terms of this Lease shall bear interest from
the date due at the maximum rate then allowable by law.
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11.3 Default by Lessor. Lessor shall not be in default unless Lessor fails to perform
obligations required of the Lessor within a reasonable time, but in no event later than thirty 30) days
after written notice by Lessee to Lessor and to the holder of any first mortgage or deed of trust
covering the Premises whose name and address shall have theretofore been furnished to Lessee in
writing, specifying wherein Lessor has failed to perform such obligation; provided, however, that
if the nature of Lessor's obligation is such that more than thirty 30) days are required for
performance than Lessor shall not be in default if Lessor commences performance within such thirty
30) day period and thereafter diligently prosecutes the same to completion.
11.4 Remedies for Lessee.
a) In the event of a default by Lessor, Lessee may abate its rent due to recover
any damages suffered as a result of the default.
XII. HOLDING OVER
This Lease shall terminate and become null and void without flirther notice upon the
expiration of the Term herein specified and any holding over by Lessee after such expiration shall
not constitute a renewal or extension hereof or give Lessee any rights under this Lease, except when
in writing signed by both parties.
XIII. ACCESS BY LESSOR
In addition to the right of Lessor to reserve use of the Premises under Article IV, Section 4.1,
Lessor and those agents, contractors, servants and employees of Lessor who are identified in writing
to Lessee shall have the right, alter reasonable notice to Lessee, to enter the Premises during normal
business hours to examine the Premises, to perform any obligation of Lessor or to exercise any right
or remedy reserved to Lessor in this Lease.
ARTICLE XIV. RENEWAL O*ON
14.1 Option to Extend. Provided that Lessee is not otherwise in default under the terms
of this Lease, Lessee may at Lessee's election, extend the term of this Lease by a ten 10) year period.
Such election shall be exercised by Lessee giving written notice to Lessor of intent to do so no more
than three 3) years, but no less than one 1) year, prior to the then scheduled expiration of the initial
term of this Lease or any extension thereof.
14.2 Continuation of Terms. The terms and conditions of this Lease during any such
extension, specifically including all obligations of the Lessor and Lessee hereunder, shall continue
in flill force and effect except as may be expressly modified by subsequent written mutual agreement
of Lessor and Lessee.
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ARTICLE XV. MISCELLANEOUS
15.1 Waiver. The waiver by either Lessor or Lessee of any breach of any term, condition
or covenant contained herein shall not be deemed a waiver of such term, condition or covenant or
any subsequent breach of the same or any other term, condition or covenant contained herein.
15.2 * All notices, demands or other writings to be made, given or sent hereunder,
or which may be so given or made or sent by either Lessor or Lessee to the other shall be deemed
to have been given when in writing and personally delivered or if mailed on the third 3rd) day after
being deposited in the United S*tes mail, certified or registered, postage prepaid, and addressed to
the respective parties at their addresses set forth below:
To Lessor:
La Quinta Redevelopment Agency
78-495 Calle Tampico
La Quinta, CA 92253
To Lessee:
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
15.3 Relationship of Patties. Nothing contained herein shall be deemed or construed by
the parties hereto, nor by any third party, as creating the relationship of principal and agent or of
partnership or ofjoint venture between the parties hereto, it being understood and agreed that neither
the method of computation of rent, nor any other provision contained herein, nor any acts of the
parties herein, shall be deemed to create any relationship between the parties hereto other than the
relationship of Lessor and Lessee. Nor shall anything herein be deemed or construed to imply
financial support for Lessee's operation apart from the provisions of this Lease.
15.4 *meofEssence. Time is hereby expressly declared to be of the essence of this Lease
and of each and every term, covenant and condition hereof which relates to a date or period of time.
15.5 *. The remedies herein given to Lessor and Lessee shall be
cumulative and are given without impairing any other rights or remedies given Lessor and Lessee
by statute or law nor exist mg or hereafter enacted, and the exercise of any one 1) remedy by Lessor
or Lessee shall not exclude the exercise of any other remedy.
15.6 Effect of Invalidity. If any term or provision of this Lease or the application thereof
to any person or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this
Lease, or the application of its terms and provisions to persons and circumstances other than those
to which it has been held mvalid or unenforceable shall not be affected thereby, and each term and
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0L provision of this Lease shall be valid and enforceable to the fullest extent permitted by law. No
acquisition by Lessor of all or any of the interest of Lessee in or to the Premises or the
Improvements, and no acquisition by Lessee of all or any interest of Lessor in or to the Premises
shall constitute or work a merger of the respective interest, unless expressly provided for.
15.7 Successors and Ass i*ns. This Lease and the covenants and conditions contained
herein shall be binding upon and inure to the benefit of and shall apply to the successors and assigns
of Lessor and to the permitted successors and assigns of Lessee and all references in this Lease to
Lessee*t or 1Lessor'1 shall be deemed to refer to and include all permitted successors and assigns of
such party.
15.8 Entire Agreement. This Lease contains the entire agreement of Lessor and Lessee
with respect to the matters covered hereby, and no other agreement, statement of promise made by
either Lessdr'or Lessee which is not contained herein, shall he valid or binding. No prior agreement,
understanding or representation pertaining to any such matter shall be effective for any purpose. Np
provision of this Lease may be amended or added to except by an agreement in writing signed by
Lessor and Lessee.
15.9 Execution of Lease: No Option. The submission of this Lease to Lessee shall be for
examination purposes only, and does not and shall not constitute a reservation of or option for Lessee
to lease, or otherwise create any interest by Lessee in the Premises. Execution of this Lease by
Lessee and return to Lessor shall not be binding upon Lessor notwithstanding any tie interval, until
Lessor has in fact executed and delivered this Lease to Lessee.
15.10 Corporate Authority. Each individual executing this Lease on behalf of a corporation,
nonprofit corporation, partnership or other entity or organization, represents and warrants that he is
duly authorized to execute and deliver this Lease on behalf of said corporation, partnership, entity
or organization and that this Lease is binding upon same in accordance with its terms.
15.11 Controll ing Law. This Lease shall be governed by and construed in accordance with
the federal law.
15.12 * Nothing contained in this Lease shall be construed as or shall
have the effect of abridging the right of either Lessor or Lessee to obtain specific performance of any
and all of the covenants or obligations of the other party under this Lease.
15.13 Survival of Indemnities and Warranties. The obligations of the indemnif*ing party
under each and every indemnification and hold harmless provision contained in this Lease shall
survive the expirati9n or earlier termination of this Lease to and until the last to occur of a) the last
date permitted by law for the bringing of any claim or action with respect to which indemnification
may be claimed by the indemnified party against the indernni*ing party under such provision or
the date on which any claim or action for which indemnification may be claimed under such
3Ie*.agm 9
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provision is fully and finally resolved, and, if applicable, any compromise thereof or judgment or
award thereon is paid in filil by the indemnifying party and the indemnified party is reimbursed by
the indemnifying party for any amounts paid by the indemnified party n compromise thereof or upon
judgment or award thereon and in defense of such action or claim, including reasonable attorneys*
fees incurred. The representations, warranties, and covenants of the parties contained herein shall
survive the termination of this Lease without regard to any investigation made by the parties.
IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the day and year
first above written.
LESSOR
STANLEY SNIFF, Chairman
La Quinta Redevelopment Agency
LESSEE
GLENDA HOLT, Mayor
City of La Quinta
31casc.agm 10
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EXHIBIT A
LEGAL DESCRIPTION
Lots 19 and 20 of Block 134 of Unit No.14 of Santa Carmelita at Vale La
Quinta as per map recorded in book is, pages 82 and 83 of Maps, Records of
Riverside County, California.
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SITE MAP
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PROPERTY INFORMATION
51-350 Avenida Navarro
APN: 773-104-005 and 773-104-006
OWNER: La Quinta Redevelopment Agency
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0L SUBLEASE AGREEMENT
THIS SUBLEASE AGREEMENT the tSublease") is entered into this day of________
1996, by and between the City of La Quinta, a municipal corporation formed under the laws of the
State of California Sublessor" or City") and the United States Postal Service Sublessee").
RECITALS
WHEREAS, Sublessor entered into a certain Lease Agreement as Lessee" with the La
Quinta Redevelopment Agency Lessor") dated 1996 the Lease"); and
WHEREAS, pursuant to the Lease, Sublessee and Sublessor desire to enter into this Sublease
to effectuate the intent of the Lease which is to provide additional property to the United States
Postal Service to assist them in the process of making ZIP Code adjustments that will be compatible
with the City of La Quinta's municipal lines which is anticipated to become effective December 1,
1995.
AGREEMENTS
In consideration of the payments to be made hereunder and the covenants and agreements
contained herein, the parties hereto agree as follows:
Section 1. DEFINITIONS
Lease9t shall mean the Lease Agreement, dated as of 1996 between the City
and the La Quinta Redevelopment Agency.
tProperty'1 shall mean the property and improvements thereon which are the subject of this
Sublease Agreement and which are more particularly described in the Lease Agreement.
Section 2. SUBLEASE OF THE PROPERTY
The City hereby leases the Property to the Sublessee and the Sublessee hereby takes
and assumes all obligations of the Lessee as set forth in the Lease with the exception of the following
provisions:
a) Sublessor Assistance. Sublessor shall assist Sublessee in the amount equal
to the costs of payment of all required municipal permit fees collectively, the Sublessor
Assistance").
b) Ren* During the term of this Sublease, Sublessee shall pay to Sublessor a
rent payment amount of One Dollar $ * 00) per year for the term of the Sublease the Base Rent").
Rent for any period during the term hereof which is less than one year shalJ be a pro rata portion of
the Base Rent. Rent shall be payable to Sublessor at the address stated herein or to such other
persons or at such other places as Sublessor may designate in writing.
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The term of this Sublease shall commence on the execution date hereof and shall terminate
simultaneously with the termination of the Lease.
Section 3. NOTICES
All notices, demands or other writings to be made, given or sent hereunder, or which may
be so given or made or sent by either Sublessor or Sublessee to the other shall be deemed to have
been given when in writing and personally delivered or if mailed on the third 3rd) day after being
deposited in the United States mail, certified or registered, postage prepaid, and addressed to the
respective parties at their addresses set forth below:
To Sublessor.
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
To Sublessee:
United States Postal Service
San Diego District
11251 Rancho Carmel Drive, Room 366
San Diego, CA 92199-9321
Section 4. BINDING EFFECT
This Sublease shall inure to the benefit of and shall be binding upon the City ar*d the
Sublessee and their respective successors and assigns.
Section 5. SEVERABILITY
If any one or more of the terms, provisions, covenants or conditions of this Sublease
Agreement shall to any extent be declared invalid, enforceable, void or voidable for any reason
whatsoever by a court of competent jurisdiction, the finding or order or decree of which becomes
final, none of the remalning terms, provisions, covenants and conditions of this Sublease shall be
affected thereby, and each provision of this Sublease shall be valid and enforceable to the flillest
extent permitted by law.
Section 6. AMENDMENTS
Attached hereto and made a part hereof are the United States Postal Service General
Conditions to USPS Lease. The terms of this Sublease shall not be waived, altered, modified,
supplemented or amended in any manner whatsoever except by written instrument signed by the City
and the Sublessee or their successors in interest.
3sublease.agrn 2
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0LSection 7. APPLICABLE LAW
This Sublease shall be governed by and construed in accorda**ee with the laws of the federal
law.
Section 8. VALIDITY
If any one or more of the terms, provisions, promises, covenants or conditions of this
Sublease shall to any extent be adjudged invalid, unenforceable, void or voidable for any reason
whatsoever by a court ofeompetent jurisdiction, then each and all of the remaining terms, provisions,
promises, covenants and conditions of this Sublease shall not be affected thereby and shall be valid
and enforceable to the flillest extent permitted by law.
IN WITNESS WHBREOF, the City and Sublessee have caused this Sublease to be executed
on their behalf by their duly authorized signataries, all as of the date first written above.
CITY OF LA QUINTA
By:
GLENDA HOLT, Mayor
SUBLESSOR*'
UNITED STATES POSTAL SERVICE
By:
Its:
**SUBLESSEE"
3subleaseagrn 3
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