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CITY OF CATHEDRAL CITY
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
(760) 770-0396 – Phone
(760) 770-0399 - Fax
SPECIAL USE PERMIT FOR DOWNTOWN CATHEDRAL CITY
Please Read: It is advisable to submit applications for review 60 days prior to commencement of the use or event to ensure adequate review of the application. We must have a minimum of 30 days prior to the event. If you have any questions while completing this application, please ask a member of the Planning Department for assistance. In addition to this application, you must reserve a date for your event with the Communications/Events Manager. For recurring events, a schedule must be submitted every 3 months. In order for the City to process a Special Use Permit Application, the application fee must be submitted with the completed application. Depending on the type of event, you may also be required to provide a Clean- up/Damage Deposit. Please review the Downtown Fee Schedule for event use in the downtown area. The appropriate fee must be paid prior to the event. Incomplete applications will not be accepted (or process may be delayed). (PLEASE PRINT OR TYPE)
Name of Event:
__________________________________________________________________________________________
CHECK TYPE OF EVENT
_____ Festival
_____ Parade / Race / Marathon
_____ Concert / Performance
_____ Art Show / Outdoor Market
_____ Political Rally / Protest
_____ Other _________________(type)
AREA OF DOWNTOWN CATHEDRAL CITY TO USE (check all that apply) _____ Civic Center Plaza
_____ Civic Center Paseo
_____ Town Square Park
_____ Amphitheater Park
_____ Festival Lawn
_____ Festival Lawn Annex
_____ Avenida Lalo Guerrero
_____ George Montgomery Trail
_____ City Council Chambers
_____ 3 rd Floor Parking Structure
_____ City Employee Parking Lot
Mi Chavela Fest
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Attachment: Special-Use-Permit-Downtown-Cathedral-City-FINAL-Luchador-Brewing (4179 : MiChavela Fest September 2024)
DATE(S) OF EVENT: ___ /___ /___ through ___ / ___ / ___ HOURS OF EVENT: ___ :___ AM/PM through ___:___ AM/PM (If multiple days, please indicate dates and times below)
_____________________________________________________________________________________ _____________________________________________________________________________________ EVENT SET-UP DATE: ___ / ___ /___ TIME: ___ : ___ AM/PM TEAR DOWN DATE: ___ / ___ / ___ TIME: ___ : ___ AM/PM
DESCRIPTION OF EVENT (This should be promotional in nature and cannot exceed 250 words):
_____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ EXPECTED ATTENDANCE PER DAY (List all that apply):
DAY 1: _______________ Morning _______________ Afternoon _______________ Evening DAY 2 _______________ Morning _______________ Afternoon _______________ Evening DAY 3 _______________ Morning _______________ Afternoon _______________ Evening
*In accordance to Emergency Preparedness Requirements, events with 1,000 or more attendees requires a minimum of two crowd control managers to properly direct and assist the event attendees in evacuation during an emergency.
Will your event sell beverages? ______ Yes ______ No
If yes, please know that all events in Downtown Cathedral City must serve Pepsi products and must be purchased through the City of Cathedral City. Please contact Chris Parman (760) 770-0396 for more details.
Is your event open to the general public? _____ Yes _____ No Will your event sell concessions or food items? _____ Yes _____ No If yes, please know that the Cathedral City Community Amphitheater Concession Stand has an exclusive operator and has exclusivity on popcorn, kettle korn, regular hot dogs, and candy. 9 14 24
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The Desert's Michavela Festival, MiChavela Fest, returns with live entertainment, food, family fun and of course, Michelades! The event will let you enjoy the best michelada mix's around! Also for guests to enjoy will be live Lucha Libre and special guests headliners. 2500 - 3000
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Attachment: Special-Use-Permit-Downtown-Cathedral-City-FINAL-Luchador-Brewing (4179 : MiChavela Fest September 2024)
Do you have a business license with the City of Cathedral City? _____ Yes _____ No If no, you must obtain an annual business license or a special event business license with the City.
Do you have subcontractors and vendors providing a service or selling a product? _____ Yes _____ No
If yes, each subcontractor and vendor must hold an annual business license or a temporary special event business license with the City.
Do you or a vendor of yours plan to serve or prepare food? _____ Yes _____ No If yes, you must obtain proper permits from Riverside County Department of Environmental Health.
If yes, the Cathedral City Fire Department life safety / fire inspections must be conducted prior to food being served. Call (760) 770-8200 Mon. - Thurs. 7:00 a.m. to 6:00 p.m. to schedule inspections.
Will alcohol be served? _____ Yes _____ No
If yes, you must obtain proper permits from California Department of Alcohol Beverage Control.
If yes, you must obtain Liquor Liability Insurance naming the City of Cathedral City, 68-700 Avenida Lalo Guerrero, Cathedral City, CA 92234 as an additional insured.
If yes, you must have a minimum of one security officer checking identifications for proper age, one security officer per entrance and exit, and one security guard for crowd monitoring (a minimum of three security guards during all alcohol serving times).
If yes, who will be pouring and serving the alcohol? ___________________________________ ______________________________________________________________________________ Will your event utilize tents or canopies? _____ Yes _____ No If yes, proper permits must be obtained by the Cathedral City Fire Department and life safety / fire inspections must be conducted prior to their use. Call (760) 770-8200 Mon. - Thurs. 7:00 a.m. to 6:00 p.m. to schedule inspections.
The organizer of the event must ensure that all tents and canopies are properly weighted against wind gusts.
Will your event utilize bouncy houses, inflatables, slides, amusement rides or hot air balloons? _____ Yes _____ No
If yes, the Cathedral City Fire Department life safety / fire inspections must be conducted prior to their use. Call (760) 770-8200 Mon. - Thurs. 7:00 a.m. to 6:00 p.m. to schedule inspections.
If yes, you must obtain liability Insurance denoting coverage for inflatables and naming the City of Cathedral City, 68-700 Avenida Lalo Guerrero, Cathedral City, CA 92234 as an additional insured.
If hot air balloons, each hot air balloon must obtain insurance of no less than a $1 million in liability coverage naming the City of Cathedral City, 68-700 Avenida Lalo Guerrero, Cathedral City, CA 92234 TBD
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Attachment: Special-Use-Permit-Downtown-Cathedral-City-FINAL-Luchador-Brewing (4179 : MiChavela Fest September 2024)
as an additional insured. A copy of the insurance certificate must be presented to the City before the hot air balloon can be utilized for the event.
Will your event have amplified sound and/or music? _____ Yes _____ No If yes, the City’s policy allows amplified sound and/or music between 7 am and 10 pm Fridays, Saturdays, and certain Sundays if the following Monday is a recognized national holiday. All other days, the hours of amplified sound and/or music are between 7 am and 9 pm. Amplified sound or music should be normalized to 89 decibels at the perimeter of the reserved area.
Will your event bring in a temporary stage, truss rig system, and/or lighting? _____ Yes _____ No
If yes, the stage installer and/or owner must obtain liability insurance of no less than $1 million in coverage that names the City of Cathedral City, 68-700 Avenida Lalo Guerrero, Cathedral City, CA 92234 as an additional insured.
Will your event use searchlights or laser lights? _____ Yes _____ No If yes, searchlights and/or laser lights that shoot above 50 feet in the air need F.A.A. approval as Downtown Cathedral City is under the flight path of Palm Springs International Airport.
Will your event use fireworks or pyrotechnics? _____ Yes _____ No If yes, proper permits must be obtained by the Cathedral City Fire Department and life safety / fire inspections must be conducted prior to their use. Call (760) 770-8200 Mon. - Thurs. 7:00 a.m. to 6:00 p.m. to schedule inspections. Additional liability insurance must be obtained.
SECURITY, PUBLIC SAFETY, AND SANITATION
Are you hiring security for your event? _____ Yes _____ No If yes, the security company must have a valid Private Patrol Operator’s License issued by the State of California. A copy of the license must be presented to the City prior to the event.
Please describe your security plan including crowd control, internal security or venue safety, age identification checks (if applicable) and or attach your plan to this application. _____________________________________________________________________________________
_____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ • Please note that if you plan to use Cathedral City Police Department, the billable rate for police officers is $135 per hour per officer. CCPD will bill the event directly. Partial or all anticipated payments may be due prior to the event. The availability of CCPD police officers for your event may not be guaranteed without prior notification of at least 30 days.
Security gaurds will be conducting searches at the entrance of the event, patrolling the inside and primiter of the event, checking ID's of those who wish to purchase alcoholic beverages and placing a special wristband on them, while keeping a close eyes on bar areas.
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Attachment: Special-Use-Permit-Downtown-Cathedral-City-FINAL-Luchador-Brewing (4179 : MiChavela Fest September 2024)
What is your First Aid or Medical Plan for your event?
_____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ Do you plan to provide portable toilets? _____ Yes _____ No If yes, the number of portable toilets: __________
If yes, the number of ADA accessible portable toilets: __________ If yes, when are the portable toilets being delivered (Date and time): _____________________ If yes, when are the portable toilets being picked-up (Date and time): ____________________ If yes, will the portable toilets be serviced during your event? _____ Yes _____ No Will your event allow for dogs? _____ Yes _____ No
How do you plan to collect and remove trash and debris during the event?
_____________________________________________________________________________________ _____________________________________________________________________________________ • A clean-up/damage deposit of $600 or more may be required.
EVENT ENTERTAINMENT
Do you plan to have any musical or speaking entertainment for your event? _____ Yes _____ No If yes, please list the names of the band/performers, genre of music:
Name of Band / Performer/ Speaker Genre of Music
________________________ ______________________
________________________ ______________________
________________________ ______________________
________________________ ______________________
________________________ ______________________
A complete list must be provided to the City prior to the event. The City reserves the right to deny the performance of any band or act that has a history of creating public safety concerns. The City also has the right to require additional security and/or insurance coverage at the organizer’s expense for acts that have a history of creating public safety concerns.
We will have a first add tent with an onsite medic.
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Friday, September 13 @ 10am
Monday, September 16 @ 10am
Burrtec to supply 20 yard dumpster and scattered trash boxes. Clean up and trash staff will be on site.
TBD
No Hip/Hop or Rap
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Attachment: Special-Use-Permit-Downtown-Cathedral-City-FINAL-Luchador-Brewing (4179 : MiChavela Fest September 2024)
APPLICANT AND HOST ORGANIZATION
Host Organization: ____________________________________________________________________ Chief Officer of Host Organization: _______________________________________________________ Host Organization’s Website: ____________________________________________________________ Applicant Name: _____________________________________________________________________ Address Street:
_______________________________________________________________________ City: _______________________________ State: _________________ Zip: ______________ Telephone Prior to the Event: (_____) ______ - ____________ During Event: (_____) ______ - ____________ Phone number of on-site representative who can be contacted during the event, for emergencies or event coordination.
Fax: (_____) ______ - ____________
Email Address: __________________________________________________________ Previous Events managed or operated by the Host Organization and/or Applicant:
_____________________________________________________________________________________ _____________________________________________________________________________________
AFFIDAVIT OF APPLICANT
I certify that the information contained in the foregoing application is true and correct to the best of my knowledge and belief that I have read, understand and agree to abide by the rules and regulations governing the proposed Special Event under the Cathedral City Municipal Code and I understand that this application is made subject to the rules and regulations established by the City Council and/or the City Manager or the City Manager’s designee. Applicant agrees to comply with all other requirements of the City, County, State, Federal, and any other applicable entity which may pertain to the use of the Even venue and the conduct of the Event. I agree to abide by these rules, and further certify that I, on behalf of the Host Organization, am also authorized to commit that organization, and therefore agree to be financially responsible for any costs and fees that may be incurred by or on behalf of the Event to the City of Cathedral City.
Printed Name of Applicant / Host Organization ______________________________________________ Title ___________________________________________________________________________ Signature ___________________________________________________________________________ Date _____________________________
Justin Finn
Justin Finn
48610 Camio Maya
Coachella
CA
92236
760
404
9185
760
404
9185
[email protected]
MiChavela Fest, Yum Food Fest & Night Market, Zoppe Family Circus Justin Finn
Producer
2/13/2024
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Attachment: Special-Use-Permit-Downtown-Cathedral-City-FINAL-Luchador-Brewing (4179 : MiChavela Fest September 2024)
SUBMITTAL REQUIREMENTS:
_____ Application Fee: $510 – payable to “City of Cathedral City” _____ Non-profit certification (if applicable)
_____ Clean-up / Damage Deposit (if applicable)
_____ Copy of site plan using map attached to this application (show stage, fencing, canopy/tent placement, food vendor locations, merchandise vendor locations, portable restroom locations, generators, etc….)
_____ Provide all necessary insurance coverages (must be submitted prior to the event) _____ Proof of Insurance with a minimum of $1,000,000 in liability coverage naming City of Cathedral City, 68-700 Avenida Lalo Guerrero, Cathedral City 92234 as an additional insured (must be submitted prior to the event)
_____ Proof of all applicable licenses and permits required by local, state and federal agencies (must be submitted prior to the event)
_____ Proof of Cathedral City Fire Department inspections and permits, if applicable (must be submitted prior to the event)
______ Acknowledge that applicant cannot hang any object (lights, speakers, cabling, etc.) from the pipe grid above the amphitheater’s stage floor.
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Attachment: Special-Use-Permit-Downtown-Cathedral-City-FINAL-Luchador-Brewing (4179 : MiChavela Fest September 2024)
Downtown Map (Please mark the area you will be using)
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Attachment: Special-Use-Permit-Downtown-Cathedral-City-FINAL-Luchador-Brewing (4179 : MiChavela Fest September 2024)
Cathedral City Page 1 of 2 Printed on 4/10/2024
Staff Report
City Council
Item No. 6.C
Meeting Date: April 10, 2024
From: Anne Ambrose, Assistant City Manager
Title: Approve Library Lease Agreement Between the City of Cathedral City and County of Riverside
RECOMMENDATION:
To approve Library Lease Agreement between the City of Cathedral City and County of Riverside.
BACKGROUND:
Opened in 1938 as a community library located in the new City Hall, Cathedral City Library quickly became an authorized branch site just one year later. In 1942, Harvey and Edna Peterson donated a lot adjacent to Town Hall for public library use. Then, a former army hospital barracks was purchased by a Chamber of Commerce bond issue and this building would serve as the community’s library for the next 39 years.
On June 3, 1981, the County built a new 3,700 -square-foot branch site on Hwy 111 in Cathedral City. This site was made possible thanks to funding from a HUD Community Development Grant and the County General Fund. It was from this time forward that the City and County entered into a lease agreement sharing maintenance and operations responsibilities for the facility.
Dedicated in January 1996, the current library was constructed with funds provided by the Cathedral City Redevelopment Agency and the California State Library under authority of the California Library Construction and Renovation Bond Issue. This 20,000-square-foot library served as the City’s library facility until February 2008, when a devastating fire halted all library services. In June 2009, the renovated library reopened with state -of-the-art furnishings, new materials and display areas, additional public computer stations, and RFID self-check technology.
DISCUSSION:
The last lease agreement between the City and County has expired and both parties have been working together to execute a new lease agreement. The agreement outlines the responsibilities of each agency. The City is responsible for maintaining the exterior of the building, common areas, parking lot, heating and air conditioning
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Cathedral City Page 2 of 2 Printed on 4/10/2024
equipment, structural plumbing, structural electrical wiring and fixtures and the building structure. The County is responsible for operating and providing all library services, utilities, custodial and general maintenance of the interior. The agreement is a two-year agreement with options to extend.
FISCAL IMPACT:
There is no fiscal impact from the execution of this agreement. Annually, the City budgets $60,000 for facility maintenance.
FIVE-YEAR STRATEGIC PLAN:
Goal B: Community Investment
Objective: Cathedral City Roads, gateways, public spaces, and other infrastructure are well planned, designed, constructed and maintained.
B-6 Maximize the use of existing resources to include underutilized parks and the library to support goals with the budget we have.
Attachment: Library Lease Agreement
ATTACHMENTS:
Library Lease Agreement with County of Riverside_20240404193315513
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LEASE AGREEMENT
CITY OF CATHEDRAL CITY LIBRARY
33520 Date Palm Drive
Cathedral City, California
The CITY OF CATHEDRAL CITY, a Charter City, herein called “Lessor”, leases to the COUNTY OF RIVERSIDE, herein called “ County” or “Lessee,” the property described below under the following terms and conditions. The Lessor and County/Lessee are hereinafter sometimes referred to individually as a “ Party” and together as the “Parties.” The “Effective Date” is the date that the last individual executes this Lease Agreement.
1. Description. The leased premises consists of that certain building containing approximately 20,037 square feet (the “ Building”), and the real property upon which the Building sit es, all locat ed at 33520 Date Palm Drive, Cathedral City, California 92234, also identified as Assessor Parcel Number 673-030-016 (collectively, the “Leased Premises”).
2. U se.
(a) The Leased Premises are leased to County primarily for the purpose of providing county library services to the residents of the City of Cathedral City and/or the County of Riverside, and for all activities incidental or necessary to accomplish said purposes. (b) Except as expressly provided to the contrary in this Lease, County shall have the exclusive possession of the Building and common usage, along with the public, of the walkways, driveways, vehicular parking spaces, and other similar facilities loca ted within the Leased Premises (collectively, the “Common Areas”).
3. Access and Parking. County, its officers, employees and agents and the patrons of the f ree public library shall have reasonable access to the Common Areas for the purpose of ingress to and egress from the Building and parking while using the Building. There are 9 secured (handicapped) parking spaces and 53 common parking spaces.
4. T erm.
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(a) The term of this Lease Agreement (“Term”) shall commence upon April ___ 2024 (“Commencement Date”), and expire on June 30, 2026, unless otherwise extended or terminated by the Parties as provided in this Lease. For purposes of this Lease Agreement each successive lease year shall commence on July 1 st and continue through June 30 th. Due to this Lease Agreement commencing prior to June 30 th, the first lease year shall also include the months or such portions thereof, after the Commencement Date, through June 30, 2026.
5. Options to Extend.
(a) If this Lease Agreement has not been terminated prior to the expiration of the Term, Lessor grants to County one (1) option(s) to extend the Term (“Extension Option”).
The Extension Option shall be for a period of two (2) years (“Extended Term”). (b) The Extension Option(s) shall be exercised by the County delivering to Lessor written notice thereof no later than sixty (60) days prior to the expiration of the Term or any extension thereof.
6. County’s Right to Early T ermination. Except as provided in Section 17, County may terminate this Lease Agreement without cause upon no less than one- hundred eighty (180) days’ written notice to Lessor, and upon compliance with the applicable provisions of Title 1, Division 2, P art 11, Chapter 6, Artic le 1, Section 19100 et. seq . of the California Education Code.
7. Lessor ’s Right to Early Termination. Except as provided in Section 17, Lessor retains the right to withdraw from the County Library System in accordance with the Section 19116, and compliance with Section 19104.5 if applicable under the circumstances, of Title 1, Division 1, Part 11 , Chapter 6, Article 1, . of the California Education Code. Nothing in this Lease Agreement limits Lessor’s exercise of such right. Lessor’s withdrawal from the County Library System will not constitute a default or breach of this Lease Agreement if withdrawal is accomplished in compliance with applicable law. In the event that Lessor withdraws from the County Library System during the Term , o r any extension thereof, this Lease Agreement will terminate automatically without further action by the Parties on the date set forth in the Lessor ’s notice of withdrawal, and County shall cooperate and act in good faith
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to ensure as seamless a transition a s possible in the provision of library services from County to Lessor’s designated successor.
8. Consideration. In consideration for the use of the Leased Premises, County shall provide library services to city residents in accordance with Title 1, Division 2 , Part 11, Chapter 6, Articles 1 through 3, Section 19100 et. seq. of the California Education Code.
9. Custodial Services.
(a) County shall provide, or cause to be provided and pay for all custodial services in connection with the Leased Premises through the County of Riverside Library System consistent with the “Custodial Scope of Work” attached hereto and incorporated herein by reference as Exhibit “A”.
(b) Notwithstanding Paragraph 9(a) above, County shall determine whether to utilize County employees to provide custodial services or contract for services.
10. Utilities. County shall pay for all utility services used in connection with the Leased Premises, including, but not limited to, telephone, electric, water, gas, heating and air conditioning, refus e collection and sewer services , as may be required in the maintenance, operation and use of the Leased Premises.
11. M aintenance.
(a) The Leased P remises are being leased to County, and use of the Common Areas is being granted to County in their current, exist ing, “AS IS” condition. It is specifically understood and agreed that, except as expressly provided for in this Lease Agreement, Lessor has no obligation and has made no promises to alter, remodel, or otherwise improve the Leased Premises, the Common Areas, or any portion thereof. (b) Lessor shall maintain the exterior of the Building, Common Areas, the parking lot, and the following portions of the interior of the Building: the air conditioning equipment, heating equipment, structural plumbing, structural electrical wiring and fixtures, and structural parts of the Building, in good working condition and repair and in compliance with all applicable California and federal laws, ordinances, rules, and regulations, including, but not limited to, the Americans with Disabilities Act, unless such maintenance or repair is necessitated by the act s
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or omissions of the County or any of the County’s officers, employees, contractors, agents, invitees, guest s, visitors, customers or representatives, in which case, the County shall be obligated to undertake and complete such repair and/or maintenance, at its sole cost and expense. Lessor shall have no obligation to maintain or repair any portions of the Leased Premises identified in Section 11(c) as the responsibility of the County. (c) County shall maintain the Leased Premises (with the exception of those portions of the Leased Premises identified in Section 11(b) of this Lease Agreement as the Lessor’s Responsibility), at the County’s sole cost and expense, in good, clean, and first-class condition and repair, reasonable wear and tear excepted, unless such maintenance or repair is necessitated by the acts or omissions of Lessor or any of Lessor ’s officers, employees, contractors, agents, invitees, guests, visitors, customers or representatives, in which case, Lessor shall be obligated to undertake and complete such repair and/or maintenance, at its sole cost and expense.
12. Improvements by Lessor. Lessor shall have the right to alter the Premises, upon advance written notice to Les see of thirty (30) days for minor alterations and sixty (60) days for major alternations. Alterations my include without limitation, structural and/or asthetic changes t o the interior or exterior of the structure, reconfiguration, removal or installation of fixtures, equipment, lighting, HVAC systems, audio systems, and such other improvements as Lessor in its sole discretion determines to be necessary or desirable. Lessor shall comply with all applicable building standards, which may change from time to time, including but not limited to, the Americans with Disabilities Act.
13. I mprovements by County.
(a) Any alterations, improvements or installation of fixtures to be undert aken by the County shall have the prior written consent of the Lessor after the County has submitted plans for any such proposed alterations, improvements or fixtures to Lessor in writing. Such consent shall not be unreasonably withheld or delayed by the Lessor. County shall install and keep all of its alterations, improvements and fixtures in good condition, and in compliance with
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all federal, state and local laws, ordinances, rules, codes and regulations, including, but not limited to, fire, health and safety.
(b) All alterations and improvements made (and fixtures installed) by the County shall remain County property and may be removed by the County at or prior to the expiration or earlier termination of this Lease Agreement; provided, how that such removal does not cause injury or damage to the Leased Premises, or in the event it does, t he Leased Premises shall be restored by Lessee to its original condition.
14. Furnishings and Equipment. All furnishings and equipment placed in or on the Leased Premises by the County shall remain the property of the County.
15. I ndemnification and Hold Harmless.
(a) E xcept to the extent that claims are caused by the negligence or willful misconduct of County or any of County’s agents, employees, officers, guests, customers, invitees, vi sitors, volunteers, contractors or representatives, Lessor shall indemnify , h old harmless and defend the County and its elected and appointed officers, officials and employees, agents and volunteers (collectively, the “County Parties”) from any liability, including, but not limited to, property damage, bodily damage, bodily injury, or death, arising from the negligence or willful misconduct of Lessor, or any or any of Lessor’s agents, employees, officers, guests, customers, invitees, visitors, volunteers, contractors or agents in, on, or about the Leased Premises or the Common Area arisi ng out of, from or in any way relating to this Lease Agreement. When indemnifying County and/or any of the County Parties, Lessor shall defend at its sole cost and expense, including but not limited to, attorney fees, cost of investigation, defense and sett lements or awards, on behalf the of the County and/or the County Parties in any claim or action based upon such liability. (b) Except to the extent claims are caused by the negligence or willful misconduct of Lessor or any of Lessor’s employees, agents, officers, guests, customers, invitees, visitors, volunteers, contractors or representatives (collectively, the “Lessor Parties”) , County shall indemnify and hold harmless the Lessor and its elected and appointed officers, officials, employees, agents and volunte ers from any liability, including, but not limited to,
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property damage, bodily injury, or death, arising from the negligence or w illful misconduct of County or any or any of County ’s agents, employees, officers, guests, customers, invitees, visitors, volunteers, or contractors in, on, or about the Leased Premises or the Common Area arising out of, from or in any way relating to this Lease Agreement. When indemnifying Lessor and/or its officers, directors, employees, agents and volunteers, County shall defend at its sole cost and expense, including, but not limited to, attorney fees, cost of investigation, defense and settlement or awards, on behalf of the Lessor Parties in any claim or action based upon such liability.
(c) In the event of concurrent negligence on the part of Lessor or any of Lessor Parties and County or any of the County Parties, the liability for all such claims, demands, and actions in law or in equity for such losses, fines, penalties, forfeitures, costs and damages shall be apportioned under the State of California’s theory of comparative negligence as presently established or as my be modified hereafter. (d) With respect to any action or claim subject to indemnification herein, the indemnifying party shall, at their sole cost, have the right to use counsel of their choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of the indemnified party; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes the indemnifying party’s obligation to indemnify as set forth herein.
(e) The indemnifying party’s obligation hereunder shall be satisfied when they have provided the indemnified party the appropriate form of dismissal relieving the indemnified party from any liability for the action or claim involved. (f) The specified insurance limits required in this Lease Agreement shall in no way limit or circumscribe the indemnifying party’s obligation to indemnify as set forth herein. (g) Survival of Indemnification. The paragraphs of this Paragraph 15 shall survive the expiration or earlier termination of this Lease Agreement until all claims against County and Lessor, and/or any of their respective elected or appointed offi cers, officials or
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employees involving any of the indemnified matters are fully, finally, and absolutely barred by the applicable statutes of limitations.
16. Insurance.
(a) Lessor’s Insurance. Lessor agrees that it shall provide, at its cost for the dura tion of the Agreement, comprehensive general liability insurance or self - insurance with a combined single limit of $2 million per occurrence with excess liability coverage to meet and satisfy the lines of covered provided below. The Lessor is a member of PERMA which is a self -insured risk sharing pool. Lessor shall provide to County a Certificate of Insurance evidencing Lessor’s Insurance for the following coverage as follows:
(i) Commercial General Liability.
(A) General Liability Insurance coverage, including but not limited to, premises liability, contractual l liability (including Lessor’s indemnification obligations under this Lease Agreement) , vehicle liability, workers’ compensation, products/completed operations, personal and advertising injury , cross liability coverage and employment practices liability covering bodily injury (including wrongful death), property damage, and personal injury arising out of or relating, directly or indirectly, to the design, construction, maintenance, repair, alteration and ownership of the Leased Premises and all areas appurtenant thereto including claims which may arise from or out of Lessor’s operations, use, and management of the Leased Premises, or the performance of its obligations hereunder. (B) Commercial General Liability insurance coverage,
including but not limited to, premises liability, unmodified contractual liability, personal and advertising injury, and cross lialibity coverage, covering claims which may arise from or out of Lessor’s performance of its obligations hereunder. Policy shall name the County as Additional Insured. Policy’s limit of liability shall not be less than $2,000,000 per occurrence. (ii) Property (Physical Damage) : All- Risk real property insurance coverage, including earthquake and flood, to the extent Lessor currently carries earthquake and flood insurance for the L eased Premises, and if so, subject to all poli cy exclusions and
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limitations, for the full replacement cost value of the Leased Premises and all fixtures and improvements therein, to the extent such fixtures and improvements are owned by Lessor.
Policy shall include Business Interruption and Extra Expense, both of which are subject to policy limitations.
(b) County’s Insurance: County maintains funded programs of Self- Insurance and therefore all lines of coverage required below will be met and satisfied by the County’s Self-Insured Program. County shall provide to Lessor a Certif icate of Self-Insurance evidencing the County’s Self-Insurance for the following coverage as follows:
(i) Commercial General Liability. Commercial General Liability Insurance coverage (occurrence form), including but not limited to contractual liability (including County’s indemnification obligations under this Leas e Agreement), vehicle liability, workers’ compensation, products/completed operations, personal and advertising injury, cross liability coverage and employment practices liability covering bodily injury (including wrongful death) , property damage, and pers onal injury arising out of or relating, directly or indirectly, to the maintenance, repair, alteration and possession of the Leased Premises and all areas appurtenant thereto including claims which may arise from or out of County ’s operations, use, and management of the Leased Premises, or the performance of its obligations hereunder.
Policy limits shall be as set forth in the Certificate of Self-Insurance. (ii) County’s Property Insurance. “All risk” property insurance, or insurance equivalent, including fire and extended coverage, sprinkler leakage, vandalism and malicious mischief coverage, covering damage to or loss of any portion of Lessee’s property, fixtures and improvements located in the Leased Premises in an amount not less than the full replacement cost thereof.
(iii) General Insurance Provisions – All Lines.
(A) Primary Coverage. The Parties’ Insurance shall be
primary as it relates to the obligations and responsibilities of each Party under this Lease Agreement, without right of contribution from the other Party’s Insurance.
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(B) Notification of Incidents. Each Party shall notify the other Party within a reasonable time however, no later than forty -eight (48) hours after the occurrence of any accident or incident on or about the Leased Premises or the Common Areas, or any portion thereof , which could give rise to a claim against Lessor, Lessee, or the Lessor’s or Lessee’s insurance. The notifying Party’s notice shall be accompanied by a copy of any written notice or report(s) relating to the accident or incident.
17. Options to Terminate. The Parties shall each have the option to terminate this Lease Agreement if the Leased Premises are destroyed or damaged beyond reasonable repair, by an act of God or natural disaster. The County s hall have the option to terminate this Lease Agreement, other than if the Leased Premises is destroyed or damaged by County or any of County’s employees, officers, guests, customers, invitees, visitors, contractors or representatives, to the extent that the L eased Premises cannot be reasonably repaired within ninety (90) days or for a cost of less than $2,000,000. If the Lease Premises is destroyed or damanged County or any of County’s employees, officers, guests, customers, invitees, visitors, contractors or representatives, County shall have the duty to make the repairs promptly.
18. Notices. Except as expressly provided elsewhere in this Lease Agreement, all notices and other communications required under this Lease Agreement shall be in writing and deliv ered by: (a) Certif ied Mail, postage prepaid, return receipt requested, in the United States mail; or (b) via an overnight courier that provides written evidence of delivery and addresses to the Party at the address set forth in Section 18 herein. Either Par ty hereto may from time to time change its mailing address by written notice to the other party:
County’s Notification Address:
County of Riverside
Facilities Management, Real Estate Division
3450 14th Street, Suite 200
Riverside, California 92501
Attn: Deputy Director of Real Estate
[email protected]
(951) 955-4820
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Lessor’s Notification Address:
Cathedral City
Attn: City Manager
68700 Avenida Lalo Guerrero
Cathedral City, California 92234
[email protected]
(760) 770-2446
or to such other addresses as from time to time shall be designated by the respective Parties.
19. Quiet Enjoyment. Lessor covenants that the County shall at all t imes during the term of this Lease Agreement peaceabl y and quietly have, hold and enjoy the use of the Leased Premises so long as the County shall fully and faithfully perform the terms and conditions that it is required to do under this Lease Agreement.
20. Non-Waiver. No waiver of any provision of this Lease Agreement shall be implied by any failure of either Party to enforce any remedy for the violation of that provision, even if that violation continues or is repeated. Any waiver by a Party of any pr ovision of this Lease Agreement must be in writing. Such written waiver shall affect only the provision specified and only for the time and in the manner stated in the writing.
21. Binding on Successors. The terms and conditions herein contained shall apply to and bind the heirs, successors in interest, executors, administrators, representatives and assigns of all the Parties hereto.
22. Severability. The invalidity of any provision in the Lease Agreement as determined by court of competent jurisdiction s hall in no way affect the validity of any other provision hereof.
23. Venue. Any action at law or in equity brought by either of the P arties hereto for the purpose of enforcing a right or rights provided for by this Lease Agreement shall be tried in a court of competent jurisdiction in the County of Riverside, State of California, and the P arties hereto waive all provisions of law providing for a change of venue in such proceedings to any other county.
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24. Attorney’s Fees. In the event of any litigation or arbitration between the Lessor and the County to enforce any of the provisions of this Lease Agreement or any right of either party hereto, the unsuccessful Party to such litigation or arbitration agrees to pay to the 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 judgment rendered in such litigation or arbitration.
25. County’s and Lessor’s Representatives. The County hereby appoints the Director of Facilities Management as its authorized representative to administer this Lease Agreement. Lessor hereby appoints City Manager of the City of Cathedral City as its authorized representative to administer this Lease Agreement.
26. Entire Lease. This Lease Agreement is intended by the Parties hereto as a final expression of their understanding with respect to the subject matter hereof and as a complete and exclusive statement of the terms and conditions thereof and supersedes any and all prior and contemporaneous leases, agreements and understandings, oral or written, in connection therewith. This Lease Agreement may be changed or modified only upon the written consent of the Parties hereto.
27. Interpretation. The Parties hereto have negotiated this Lease Agreement at arms-length and have been advised by their respective attorneys, or if not represented by an attorney, represent that they had an opportunity to be so represented and no provision contained herein shall be construed agai nst County solely becaus e it prepared this Lease Agreement in its executed form.
28. Time of Essence. Time is of the essence with respect to the performance of all obligations to be performed or observed by the Parties under this Lease Agreement.
29. Recording. Either Lessor or County shall, upon request of the other, execute, acknowledge and deliver to the other a short form memorandum of this Lease Agreement for recording purposes. The Party requesting recordation shall be responsible for payment of any fees applicable thereto.
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30. Consent. Whenever Lessor’s or County’s consent is required under any provision of this Lease Agreement, it shall not be unreasonably withheld, conditioned or delayed.
31. Title. Lessor covenants that Lessor has good title to the Leased Premises, and Lessor does warrant and will defend the title thereto and will indemnify County against any damage and expense which County may suffer by reason of any lien, encumbrance, restriction or defect in title or description herei n of the L eased Premises. County will indemnify Lessor against any damage and expense which Lessor may suffer by reason of any lien or encumbrance that County places or permits to be placed on the Leased P remises or the Common Areas.
32. Conveyance by Lessor. Should Lessor convey the L eased Premises, all rights and obligations inuring to the Lessor by virtue of this Lease Agreement shall pass to the grantee named in such conveyance, and the grantor shall be relieved of all obligations or liabilities here under, except those theretofore accrued and not discharged. Lessor shall provide County with written notice of such conveyance within fifteen (15) days of such conveyance.
33. Mechanic’s Liens. If any mechanic’s or material men’s lien or liens shall be filed against the Leased Premises or the Common Areas for work done by or materials furnished to a Party, that Party shall, at its own cost and expense, cause such lien or liens to be discharged within fifteen (15) days after notice thereof by filing or c ausing to be filed a bond or bonds for that purpose. In the event any notice preliminary to establishing such a lien (such as the California Preliminary 20- Day Notice) is served on Les sor or County for work done on the Leased Premises, Lessor and County shall immediately forward a copy of such notice to the other Party.
34. Surrender. County sh all, after the last day of the Term or any extension thereof, or upon any earlier termination of the T erm or any extension thereof , surrender any yield up to Lessor the Leased Premises in good order, condition and state of repair, reasonable wear and tear and damage by fire or other casualty accepted. County shall , at the op tion of
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Lessor: (a) patch or paint any walls/surfaces in need of such patching or painting; ( b) remove any leasehold improvements constructed or installed by County prior to or during the Term of this Lease Agreement or any extension thereof; and (c) remov e any fixtures or equipment installed by County during the Term of this Lease Agreement or any extension thereof.
35. Authority. E ach individual executing this Lease Agreement on behalf of said Lessor and County represents and warrants that he or she is duly authorized to execute and deliver this Lease Agreement on behalf of the Lessor or County, as the case may be, and that this Lease Agreement is binding upon the County and Lessor, as the case may be.
36. Approval. Anything to the contrary notwithstanding, this Lease Agreement shall not be binding or effective until its approval and execution by the Chairman of the Riverside County Board of Supervisors , and approval and execution by the City Manager of the City of Cathedral City as the authorized representative to administer this Lease Agreement.
37. Separate Writing and Exhibit. Any Exhibits or writings referenced herein this Lease Agreement shall constitute a part of this Lease Agreement and are incorporated into this Lease Agreement by this reference. If any inconsistency exists or arises between a provision of this Lease Agreement and provision of any exhibit, the provision of this Lease Agreement shall control.
38. Certified Access Specialist. Lessee acknowledges and agrees that a Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction- related accessibility standards under state law. Although st ate law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant fr om obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspecti on, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises.
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39. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. Each party of this Agreement agrees to the use of electronic signatures, such as digital signat ures that meet the requirements of the California Uniform Electronic Transactions Act ((“CUETA”) Cal. Civ. Code §§ 1633.1 to 1633.17), for executing this Agreement. The Parties further agree that the electronic signatures of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to the CUETA as amended from time to time. The CUETA authorizes use of an electronic signature for transactions and contracts among parties in California, including a government agency. Digital signature means an electronic ident ifier, created by computer, intended by the party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the Parties. For purposes of this section , a digital signature is a type of "electronic si gnature" as defined in subdivision (i) of Section 1633.2 of the Civil Code. (Signature on Next Page)
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IN WITNESS WHEREOF, the Parties have executed this Lease Agreement as of the dates written below.
COUNTY OF RIVERSIDE, a political CITY OF CATHEDRAL CITY subdivision of the State of California
By: ___________________________ By: ____________________________ Rose Salgado, Director Charles P. McClendon Facilities Management City Manager
Date: _________________________ Date: ___________________________
APPROVED AS TO FORM:
Minh C. Tran, COUNTY COUNSEL
By: ___________________________
Braden Holly
Deputy County Counsel
Date: _________________________
MH:il/032224/CC019/40.050
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EXHIBIT “A”
CUSTODIAL SCOPE OF SERVICES
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