LEASE AGREEMENT BY AND BETWEEN
THE CITY OF RIVERSIDE
AND
FARMWORKERS INSTITUTE OF EDUCATION
AND LEADERSHIP DEVELOPMENT, INC.
This LEASE AGREEMENT ("Lease") is made and entered into this 20th day of August, 2024, by and between the CITY OF RIVERSIDE, a California charter city and municipal corporation ("City" or "Lessor"), and Farmworkers Institute of Education and Leadership Development, Inc., a California non-profit corporation ("Lessee").
RECITALS
WHEREAS, City owns that certain property located at 2060 University Avenue, Riverside, California 92507, also known as the Cesar Chavez Community Center ("Community Center"), and utilizes the Community Center for office space from which various nonprofit corporations or associations and governmental entities may operate programs which benefit the citizens of the City of Riverside; and
WHEREAS, Lessee desires to lease and use a portion of the Community Center consisting of approximately 247 square feet known as Room 207 ("Property") for the purpose of providing community services for students Monday through Friday; and WHEREAS, City is agreeable to said lease and use subject to the terms and conditions set forth below.
NOW, THEREFORE, the parties hereto mutually agree as follows:
GRANT OF LEASE. City hereby leases to Lessee the Property as is generally depicted in Exhibit "A", which is attached hereto and made a part hereof by this reference.
2. FEES AND DEPOSITS. The following fees and deposits shall be paid by Lessee to City at the time this Lease is executed by Lessee and submitted to City for processing:
a. A refundable deposit of Thirty-Five Dollars ($35.00) per key to the Property.
A refundable security deposit of Seven Hundred Fifty Dollars ($750.00).
A non-refundable processing fee of Twenty-Five Dollar ($25.00).
TERM. The term of this Lease shall commence on September 3, 2024 ("Commencement Date") and terminate on December 31, 2024, unless this Lease is earlier terminated pursuant to the provisions contained herein. 1 USE OF PROPERTIES. The Property shall be used solely for the purpose of administering and providing educational services to a target area within the City of Riverside.
Such use shall not interfere with the primary function of City's use of the Community Center.
Lessee's use of the Property shall be subject to the following terms and conditions:
a. All additional requests for use of the Property shall be mutually agreed upon by LESSEE and CITY. LESSEE is strictly prohibited from transferring or subleasing its use and/or access to the Property to any third party; LESSEE is strictly prohibited from any action that is contrary to the permitted uses of the Property as set forth herein; any such action shall be grounds for immediate termination of this Lease. LESSEE shall not change the use of the Property to a purpose other than described in this Lease without obtaining the prior written consent of City, which consent may be withheld by City in its sole and absolute discretion.
The Property shall be kept in a safe operating condition at all times, and Lessee hereby assumes all liability arising from any injury or damage to any person or entity caused by the exercise of the rights herein granted.
Access to and use of the Property shall be limited to Lessee, its employees, invitees, agents, and contractors. City shall conduct quarterly inspections of the Property for cleanliness and any necessary repairs. d. Lessee shall keep the Property locked at all times.
e. Lessee shall maintain the Property in a neat, clean, and safe condition at all times.
f. The use of any rooms at the Community Center beyond those initially reserved requires a separate facility request application and will be subject CONSIDERATION. As consideration for lease of the Property, Lessee shall pay monthly rent to City in the amount of Six Hundred and Seven Dollars and Sixty-Two Cents ($607.62) for a total of $2.46 per square foot for 247 square feet. Said rent shall be payable on the first of the month.
6. NON-DISCRIMINATION. Except as provided in Section 12940 of the California Government Code, during Lessee's performance of this Lease, Lessee shall not discriminate on the grounds of race, religious creed, color, national origin, ancestry, age, physical handicap, medical condition, including the medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto, marital status, sex, genetic information, gender, gender identity, gender expression or sexual orientation in use of the Property during the term of this Lease.
Further, Lessee agrees to conform to the requirements of the Americans with Disabilities Act in the performance of this Lease.
2 SUPERVISION. Lessee shall be responsible for supervising and monitoring all ictivities on the Property, including control of access to the Property at all times, and monitorin und abating any nuisance that is caused, or may be caused, by Lessee or Lessee's use. Lessee shal ensure all restrooms are securely locked after Lessee's use.
8. IMPROVEMENTS.
a. Any tenant improvements shall be subject to City standards.
Any alterations, improvements, or installation of fixtures by Lessee must have the City's prior written consent. Lessee must submit plans to the City before any such actions and must comply with all City permits and requirements. City shall not unreasonably withhold its consent. Requests for alterations, improvements, or installation of fixtures shall be sent to 6927 Magnolia Avenue, 22nd Floor, Riverside, CA 92506, Attn: Parks, Recreation and Community Services Director.
c. All alterations, improvements, and fixtures shall become property of City and may not be removed.
Lessee shall be solely responsible for the repair, maintenance, and operation of any electrical and communications improvements installed by or on behalf of Lessee during or prior to the term of this Lease. Specifically, Lessee requires a physical location to install up to five (5) Rack Units of network hardware and access to the identified location for maintenance and repair. City and Lessee shall agree in writing the physical location in which the foregoing installation shall occur. The individual(s) to perform the installation must be approved by the City's Parks, Recreation and Community Services Department's Recreation Superintendent prior to any work commencing. Lessee shall surrender the Property by the end of the last day of the term or any earlier termination date, clean and free of debris and in good operating order, condition, and state of repair, ordinary wear and tear excepted. Ordinary wear and tear shall not include any damage or deterioration that would have been prevented by good maintenance practice or by Lessee performing all of its obligations under this Lease. The obligation of Lessee shall include the repair of any damage occasioned by the installation, maintenance, or removal of improvements to the Property by Lessee.
e. Improvements to be completed by City and/or Lessee prior to the Commencement Date are as set out and incorporated herein by reference.
Lessee understands that the Property is leased in its "as is" condition.
However, City is to make repairs and/or replacements to HVAC, plumbing and electrical systems as necessary in order for said systems to be in goor repair and operable condition at the Commencement Date
3 9. KEYS. Lessee shall be issued two (2) keys to the Property at a cost set in Section 2(a) above. Any additional key shall cost Thirty-Five Dollars ($35.00) per key. Lessee shall be responsible for all costs incurred to enter and re-key the Property in the event the keys are lost or stolen. All keys must be surrendered to City upon termination of this Lease.
10. RIGHT OF ACCESS. City shall permit access by Lessee and its employees and invitees to and from the Property for all purposes contemplated by this Lease; provided, however that no right of access to the Property shall be provided at such times the Community Center is not open to the general public. City's Park, Recreation, and Community Services Director ("Director") may change the hours the Community Center is normally open to the public at any time upon forty- eight (48) hours' prior written notice to Lessee. Currently, the Community Center's hours of operation are 8:00 a.m. to 5:00 p.m., Monday through Friday. The Community Center is closed to the general public on Saturday, Sunday, and holidays.
In the event Lessee desires access to the Community Center other than the times the Community Center is normally open to the general public; such access may be permitted subject to at least thirty (30) days' advance written notice to City. Lessee shall pay to City an after-hour use tee. The tee shall be based upon the costs associated with City's Park, Recreation and Community Services staff time and/or established by resolution of the City Council. Such fee shall be considered as additional payment due City hereunder. City shall receive the Facility Request Application (Exhibit B) and full payment thirty (30) days prior to the scheduled event. 1l. FLAMMABLES, WASTE AND NUISANCE. Lessee agrees that it will not place or store or allow any placement or storage of any hazardous waste, hazardous material or flammable materials within the boundaries of the Property and/or Community Center, and that it will not commit any waste upon or damage to the Property and/or Community Center, nor suffer any to be done. Lessee also specifically agrees that it will not allow others to take such actions within the boundaries of the Property and/or Community Center. Lessee further agrees that it will keep the Property clean, free from rubbish and debris, and in a condition satisfactory to City in accordance with Section 4.
12. HAZARDOUS SUBSTANCES INDEMNITY. Lessee expressly agrees to and shall indemnify, defend, release and hold the City, its officers, officials, directors, agents, servants and employees harmless from and against any liability, loss, fine, penalty, fee, charge, lien, judgment, damage, entry, claim, cause of action, suit, proceeding (whether legal or administrative), remediation, response, removal or clean-up, and all costs and expenses associated therewith, and all other costs and expenses (including, but not limited to, attorneys' fees, expert fees and court costs) in any way related to the disposal, treatment, transportation, manufacture or use of any Hazardous Substances on, in, under or about the Property by Lessee, its officers, directors, agents, servants or employees. This indemnity, defense and hold harmless obligation shall survive the expiration or termination of this Lease.
13. HAZARDOUS SUBSTANCES DEFINED. Hazardous Substances shall mean any: (a) substance, product, waste or other material of any nature whatsoever which is or becomes listed, regulated or addressed pursuant to CERCLA, 42 U.S.C. § 9601, et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. § 1801, et seq.; the Resource Conservation and Recovery 4 Act, 42 U.S.C. § 6901, et seg. ("RCRA"); the Toxic Substances Control Act, 15 U.S.C. § 2601, et seq.; the Clean Water Act, 33 U.S.C. § 1251, et seq.; the Hazardous Waste Control Act, California Health and Safety Code ("H&SC"') § 25100, et seq.; the Hazardous Substance Account Act, H&SC § 25330, et seq.; the California Safe Drinking Water and Toxic Enforcement Act, H&SC § 25249.5, et seq.; Underground Storage of Hazardous Substances H&SC § 25280, et seq.; the Carpenter-Presley-Tanner Hazardous Substance Account Act, H&SC § 25300, et seq.; the Hazardous Waste Management Act, H&SC § 25170.1, et seq.; Hazardous Materials Response Plans and Inventory, H&SC § 25001, et seq.; or the Porter-Cologne Water Quality Control Act, Water Code § 13000, et seq., all as amended, or any other federal, state or local statute, law, ordinance, resolution, code, rule, regulation, order or decree regulating, relating to or imposing liability or standards of conduct concerning, any hazardous, toxic or dangerous waste, substance, or material, as now or at any time hereafter in effect; (b) substance, product, waste or other material of any nature whatsoever which may give rise to liability under any of the above statutes; (c) petroleum, crude oil, or any substance which contains gasoline, diesel fuel or other petroleum hydrocarbons other than petroleum and petroleum products contained within regularly operated motor vehicles; and (d) polychlorinated biphenyls (PCB), radon gas, urea, formaldehyde, asbestos and lead.
14. UTILITIES/ CUSTODIAL/ MAINTENANCE. City shall pay for all utilities.
City shall provide janitorial services including the restrooms. Lessee shall pay for all telephone service and monthly charter cable service that it may have installed. Lessee acknowledges and agrees that nothing in this Lease shall be construed to obligate City to provide or to maintain any air conditioning to the Property, and that City has not agreed to and is not required to install air conditioners for the Property. City shall be responsible for the maintenance of the Property and monthly servicing and repairs of all equipment, including the existing HVAC system. Other than the HVAC system, Lessee may, at its option, remove a piece of City's equipment and/or fixtures by providing City with prior written notice of such and returning such equipment and/or fixtures to City.
15. TAXES. Without admitting any liability, Lessee recognizes and understands that this Lease may create a possessory interest subject to Property's taxation pursuant to California Revenue and Taxation Code Section 107 and that Lessee may be subject to the payment of Property's taxes levied on such interest if such a determination is made by the Riverside County Tax Assessor or other government entity: with the authority to make such determination. All taxes 1d assessments which become due and payable with respect to the Property. and an nprovements thereon, shall be the sole responsibility of Lessee, and any such payments shall no reduce any payment due City hereunder.
If Lessee shall, in good faith, desire to contest the validity, the imposition, or the amount of any tax or assessment, or any other governmental charge herein agreed to be paid by Lessee, Lessee shall be permitted to do so; provided, however, Lessee shall not permit or allow any lien to be placed or assessed upon the Property or any improvements thereon.
16. CITY'S RIGHT TO INSPECT. City shall have the right to inspect the Property and any improvements made thereto quarterly to ensure compliance with the terms of this Lease.
Any repairs found necessary as a result of inspections are the responsibility of Lessee and shall be 5 made promptly by Lessee, but in no event shall such repairs be initiated by Lessee later than ten (10) calendar days after receipt of written notification of the need for such repairs, and such repairs shall be completed within a reasonable time after receipt of such notification. Lessee shall be solely responsible for the cost of any repairs deemed necessary by the City.
FREE FROM LIENS OR CLAIMS. Lessee shall keep the Property free from any mechanics' or materialmen's liens or other liens of any kind or nature for any work done, labor performed, or material furnished thereon at the insistence of or on account of Lessee, and Lessee further agrees to indemnify and save harmless City from and against any and all claims, liens, demands, costs, and expenses of whatsoever nature for any such work done, labor performed, or materials furnished. The City at any time may post and keep posted on the Property appropriate notices to protect the City against the claims of any such persons, firms, or corporations.
18. INSURANCE. Prior to City's execution of this Lease, Lessee shall obtain and shall thereafter maintain during the term of this Lease, at Lessee's sole expense, such commercial general liability insurance as required to insure Lessee against damages for personal injury, including accidental death, as well as from claims for property damage which may arise from or which may concern operations by anyone directly or indirectly employed by, connected with or acting for or on behalf of Lessee.
a. All liability insurance shall be issued by insurance companies authorized to transact liability insurance business in the State of California, with a liability rating of A or higher and a financial rating of at least VII.
Lessee's commercial general liability policy shall cover both bodily injury (including death and property damage (including, but not limited to, the Property's operations liability, products-completed operations liability, independent contractors' liability, personal injury liability, and contractual liability, in an amount not less than $1,000,000.00 per occurrence, $2,000,000.00 aggregate.
These minimum amounts of coverage shall not constitute any limitation or cap on Lessee's indemnification obligations under Section 20 hereof. d. Insurance policies or original certificates additional insured endorsements evidencing the coverage required by this Lease, for commercial general liability, shall be filed with City and shall include City, ts officers, agents, and employees as additional insureds. Said policies sha e in the usual form of commercial general liability insurance, but sha include the following:
"It is agreed that the City of Riverside, and its officers, employees, and agents, are added as additional insureds under this policy". 6 e. The policies shall not be cancelled unless thirty (30) days' prior written notification of intended cancellation has been given to City by certified or registered mail.
f. City, its agents and employees make no representation that the limits of the insurance specified to be carried by Lessee pursuant to this Lease are adequate to protect Lessee. If Lessee believes that any required insuranc coverage is inadequate, Lessee shall obtain such additional insurance coverage as Lessee deems adequate, at Lessee's sole expense.
19. NONINTERFERENCE WITH USE. Lessee's use of the Property and the exercise of the rights herein granted shall not in any manner whatsoever interfere with the City's operations. City shall at all times have access to the Community Center. The rights herein granted are not exclusive rights and in no way limit the use of City's use of the Community Center for purposes not inconsistent with the uses granted herein.
20. INDEMNIFICATION. Except as to the sole negligence or willful misconduct of City, Lessee shall protect, defend, indemnify, and hold City, its officers, agents, employees, and volunteers complete harmless from and against any and all liabilities, losses, suits, claims, judgments, fines, or demands arising by reason of injury to or death of any person or damage to any property, including all reasonable costs for investigation and defense thereof (including, but not limited to, attorneys' fees, court costs, and expert fees), of any nature whatsoever arising out of or incident to this Lease and/or the use or occupancy of the Community Center or the acts or omissions of Lessee's officers, agents, employees, contractors, subcontractors, Lessees, invitees or guests, regardless of where the injury, death, or damage may occur, unless such injury, death, or damage is caused by the negligence or willful misconduct of City and/or its officers, employees, or agents. This indemnification provision shall apply to any acts or omissions, willful misconduct, or negligent conduct, whether active or passive, on the part of Lessee or any of Lessee's officers, agents, employees, contractor, subcontract lessees, invitees or guests. City shall give Lessee reasonable notice of any such claims or actions. Lessee shall use counsel reasonably acceptable to City in carrying out its obligations hereunder.
The parties expressly agree that any payment, attorney fee, cost or expense City may incur or makes to or on behalf of an injured employee under City's self-administered workers' compensation program is included as a loss, expense, or cost for the purpose of this section, and that this section shall survive termination of this Lease.
21. ASSIGNMENTS. This Lease is personal to Lessee, and Lessee shall not assign or transfer this Lease or any privilege thereunder, in whole or in part, and any attempt to do so shall void and shall confer no right on any third party.
22. NON-POSSESSORY INTEREST. No permanent or possessory interest shall accrue to Lessee in the Property by reason of this Lease or by exercise of the permission given and Lessee agrees to claim no such interest.
GOVERNING LAW AND JURISDICTION. Lessee agrees that in the exercise of its rights under this Lease, Lessee shall comply with all applicable federal, state, county, and local laws and regulations in connection with its use of the Property. The existence, validity, construction, operation, and effect of this Lease and all of its terms and provisions shall be determined in accordance with the laws of the State of California. Any action at law or equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this Lease shall be tried in a court of competent jurisdiction in the County of Riverside, State of California, and the parties hereby waive all provisions of law providing for a change of venue in such proceedings to any other county.
24. TERMINATION. In addition to the other methods of terminating this Lease, as provided herein, this Lease may be terminated for any reason by City or Lessee, at any time, upon ninety (90) days' notice in writing. Upon termination of this Lease in any manner provided in this Lease, the Property shall remain in its improved condition, including, but not limited to, all improvements, landscaping (personal property not applicable) existing on the Property at the time of termination, unless the City submits a written request to Lessee that some or all of the improvements be removed, in which case Lessee is given thirty (30) days to complete said removal of the improvements as identified by City. Should the City accept the Property with all improvements thereon, then such improvements shall become property of City. If the Property is abandoned by Lessee for a period of two (2) months, all rights of the Lessee shall automatically terminate hereunder. Further, if Lessee fails to conform to the terms and conditions of this Lease, all of the Lessee's rights hereunder shall terminate. No termination hereunder shall release the Lessee from any liability or obligation, which may have attached or accrued prior to or which may accrue as of the time of termination of this Lease.
DAMAGE/ DESTRUCTION. Lessee shall be responsible for any damages or destruction to the Property resulting from acts or omissions of Lessee's officers, agents, employees, invitees, or guests, and shall repair or compensate City for such damages or destruction and shall return the Property to City upon termination of this Lease, in the same condition as when receive or following construction of any and all improvements, excepting reasonable wear and tear and damages by civil disorder, the elements, act of God, or any circumstances over which Lessee has no control.
26. DEFAULTS/ REMEDIES. Notwithstanding Section 24, Termination, above, if Lessee defaults on any payments due or any condition under this Lease and if Lessee remains in default for three (3) days after service of notice of such default, City, acting by and through its City Manager, may treat such default as a total breach of this Lease and thereupon declare this Lease terminated. In case of any other default upon the part of Lessee, City may give written notice of the same to Lessee and if the same shall not be corrected within ten (10) days after the giving of such notice or such longer period provided in said notice, City, acting through its City Manager, may treat such default as a total breach of this Lease and thereupon declare this Lease terminated.
If, after service of a notice of default, Lessee fails to cure such default within the time provided in said notice, City may at any time thereafter recover possession of the Property by any lawful means and remove Lessee or other occupants and any possessions thereof. If this Lease shall have been so terminated by City, City shall have the right to any other remedy or remedies provided by law.
City's failure to enforce any right or provisions of this Lease shall not be construed as a waiver of 8 the right to do so without written notice by City of the intent to waive such right. City's waiver of any default by Lessee shall not constitute a waiver of any future default or defaults in the absence of written notice of City's intent to waive such default.
HOLDING OVER/ ABANDONMENT. If Lessee fails to vacate the Property upon termination of this Lease, Lessee agrees to pay City a fee of One Hundred Dollars ($100.00) per day for each day that Lessee occupies the Property beyond termination of this Lease. Unless special arrangements have been made by the parties, any personal property left on the Property for two (2) months shall be deemed abandoned and the property of the City. Lessee shall reimburse City upon receipt from City of an invoice evidencing the cost of said removal, less any offsets, if any. Lessee agrees that City may dispose of the personal property without notice to the Lessee and without sale at a public auction. Lessee expressly waives the requirements of California Civil Code Section 1980, et seq., relating to the disposition of personal property remaining on the Property at the termination of a tenancy, and to the extent applicable, the provisions of California Code of Civil Procedure Section 1174.
CERTIFIED ACCESS SPECIALIST (CASP). As required by California Civil Code section 1938, an ADA Survey has not been conducted by a Certified Access Specialist for the Premises and/or surrounding Common Areas. 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 state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from 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 inspection, 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.
ENTIRE AGREEMENT. This Lease embodies the entire agreement between the parties hereto in relation to the subject matter hereof, and no other agreement or understanding, or otherwise, relative to this subject matter exists between the parties at the time of execution of this Lease. This Lease may only be modified or amended by the mutual consent of the parties in writing.
NOTICES. Service of any notices, bills, invoices, or other documents required or permitted under this Lease shall be sufficient if sent by one party to the other by United States mail, postage prepaid, and addressed as follows:
9 Lessor Lessee
City of Riverside-Central Cashiering Farmworkers Institute of Education City Hall Plaza Level and Leadership Development, Inc.
3900 Main St. 122 E. Tehachapi Blvd. Ste. C
Riverside CA 92522 Tehachapi, CA 93361
SEVERABILITY. Each provision, term, condition, covenant, and/or restriction, in whole or in part, in this Lease, shall be considered severable. In the event any provision, term, condition, covenant, and/or restriction, in whole and/or in part, in this Lease, is declared invalid, unconstitutional, or void for any reason, such provision or part therefor shall be severed from this Lease and shall not affect any other provision, term, condition, covenant, and/or restriction of this Lease and the remainder of the Lease shall continue in full force and effect.
PARAGRAPH TITLES. The paragraph titles of this Lease are: (i) inserted only the parties set out in this Lease.
33. RESERVATIONS. The Lease is subject to all reservations, restrictions, rights and rights- of-way of record.
AUTHORITY. The individuals executing this Lease and the instruments referenced herein each represent and warrant that they have the legal power, right, and actual authority to bind their respective parties to the terms and conditions hereof and thereof. ¡SIGNATURES ON FOLLOWING PAGE]
10 IN WITNESS WHEREOF, the parties hereto have caused this Lease to be duly executed on the date and year first written above.
CITY OF RIVERSIDE, a California charter FARMWORKERS INSTITUTE OF city and municipal corporation EDUCATION AND LEADERSHIP DEVELOPMENT, INC., a California
By: non-profit corporation
Mike Futrell
City Manager By: nora un.-Domunguaz
Print Name: Nora Dominguez, Ed.D.
ATTEST:
Title: Board Director & Chief Operating Officer
(Signature of Board Chair, President,
By: or Vice President)
Donesia Gause
City Clerk
and
APPROVED AS TO FORM:
By Duetur
By: Guthr Beauman Print Name: Patrick Pine
Anthony L. Beaumo
Sr. Deputy City Attorney Title: Board Secretary
(Signature of Secretary, Assistant
Secretary, CFO, Treasurer, or
Assistant Treasurer)
24-1464 ALB/jv 08/13/24
Irc-citylawICYCOM|WPDOCS\D013\P044\00860246.docx
11 EXHIBIT "A"
MAP
Room # Organization Sq. Footage
Cesar Chavez Community Center
200 RAA/RAP 763
SECOND FLOOR 201 RAA/RAP 1246
202, 203, 204 & 206 RAA/RAP 731, 291, 682 & 1051
Revised 8/16/24
207 FIELD(Tenant) 247
208 RAA 1222
209A FIELD (Tenant) 953
212 RAA 1047
214 RAA 720
RAA
#207/H Office
#209A #203/G #201/F
#212/L #206/A #204/B/C #202/D #200/E
#214/1/1
#208/K
E OFFICE
1207 ESTIBOM (E) CLASSROOM
(E) CLASSROOM E) CASSIOOM
JANPOR'S RESTROOM®
STOR.
L
JANTORS
(E HALLWAY (E HALLWAY
stOR side
CABECON A CASSIOOM (E) CLASSROOM
1 CASEIOOM I CASSIOOM
(E) CLASSICOM
208
Room
Community
#106 Office
#114 #116
#102 #104
PRCSD Storage
Storage
# 113
#101 #103
694 IELLA (Tenant) 116
693 Come Back Kids (Tenant) 114 Auditorium
555 IELLA(Tenant)
336 Aqua- PRCSD 106
695 Aqua- PRCSD 104
688 PRCSD-Conference Room
Revised 7/11/2023
731 Aqua- PRCSD 102
720 RUSD (Tenant) 101 FIRST FLOOR
Sq. Footage Organization Room #
Cesar Chavez Community Center
(E) STAGE
(E) CLASSROOM
Deleted - N.I.C.
(E) AUDITORIUM
Г. Т
E) OFFICE RE TRON
(E) CLASSROOM (E) CLASSROOM
113
(E) CHASE-PLUMB.
(E) MAINTENANCE
-7E) MAINTEMANCE
RESTROOM. (N MEN (E) HALLWAY
(E) HALLWAY RÉSTROOM
ROOM
(E) LOBBY |
RETROM
(E) OFRICE @
OFFICE (E) CLASSROOM
(E) CLASSROOM (E) CLASSROOM (E) OFFICE (E) CASSROOM E
OFFICE (E) OFFICE
1106
COMUNITY
EXHIBIT "B"
FACILITY REQUEST APPLICATION
City of Riverside
Parks, Recreation and Community Services Department (PRCSD) FACILITY RESERVATION APPLICATION (FRA) - Part 1
RIVERSIDE Please print legibly in ink.
This is an application only and is not an approved permit for facility rental.
APPLICANT INFORMATION DAY OF EVENT CONTACT
Applicant Name: FIELD Event Contact Name: Event Date:
Organization: FIELD Relationship:
Street Address: 122 E Tehachapi Blvd. Ste C Address:
City: Tehachapi Zip: 93561 DOB: City:
_ Zip:
Primary Phone: 877-877-1112 Cell Phone:
Secondary Phone: _909-717-4104 Secondary Phone:_
E-Mail: [email protected] E-Mail:
Non-Profit Tax ID 501(C)(3) #: _ 95-3276531
RESERVATION INFORMATION
Park: Field(s)/Room(s): Rm 207
Recurring Use (indicate dates below & times in column to the left) Single Use
Daily • Weekly • Monthly
Day of Week: SUN OMON OTUE OWED OTH CFRI OSAT Jan July
Date: Feb Aug_Mon-Fri, 8a-8p
Set-Up Time: am/pm to am/pm Mar Sep_Mon-Fri, 8a-8p
Event Time: am/pm to am/pm Apr Oct_Mon-Fri, 8a-8p
May Nov Mon-Fri, 8a-8p
Clean-Up Time: _ am/pm to am/pm
Minimum one (1) hour clean-up time required. Jun Dec_Mon-Fri, 8a-8p Tentative Permit#
EVENT INFORMATION
Event Type: Adult Education - High School Classes Total Number of Guests: _ Kitchen will be reserved for the duration of the rental.
Kitchen: • Yes *NO The applicant is responsible for ensuring caterer has a City of Riverside Business Tax Certificate and a valid health permit.
If applicant is reserving a catering kitchen AND cooking on site, a County of Riverside Health Permit is requred.
NDICATE VES OR 'NO' FOR EACH OPTION BELOW
ALL ARE SUBJECT TO INSURANCE AND/OR SECURITY REQUIREMENTS Open to the Public: * Yes • No Amplified Sound: • Yes = No DJ/Live Band • Yes * No Vendors: • Yes *No
Deliveries: • Yes Vendors Accepting Money: • Yes
Catered Food:* • Yes XNo Admission Fee: • Yes XNo
Inflatables: • Yes * No Marketing: indicate type below • Yes *No Approved Permit#
# of Inflatables: (Add'l. $20 fee per unit) * Flyers X Invitations X Word of Mouth X Social Media *Will require Health Permit and/or Food Handlers' Card * Other: Website Alcohol Permit Request (Beer/Wine/Champagne Only) Event publications should not be distributed before an approved permit is Issued. A copy of all advertising material (except invitations) must be sub- Will alcohol be served at the event? • Yes X No
mitted for approval to PRCSD prior to distribution.
If you answered Yes, you will be responsible for providing a copy of Security Contract, Private Patrol Operators' License, and Guard Cards If you answered Yes to any of the above, please explain below:
to the PRCSD at least two (2) weeks prior to event. Initial: Class locations and times will be advertised on social media, community bulletins, websites and other platforms If you answered Yes, you will be responsible for providing a copy of Host Liquor Liability Insurance to the PRCSD at least two (2) weeks prior to event. Initial: ELECTRICITY IS NOT PROVIDED AT PICNIC SHELTERS CHOOSE YOUR PAYMENT OPTION: X ENTIRE BALANCE • AUTOMATIC MONTHLY INSTALLMENTS •IN-PERSON MONTHLY INSTALLMENTS SEE PAGE 2, SECTION 1 FOR DETAILS Facility Reservation Application • Part 2
1. Payment Plan - Applicant has three (3) options to pay permit in full:
OPTION 1 - Pay entire balance at the time of Facility Reservation Application submittal.
OPTION 2 - Enroll in Automatic Monthly Installments. Credit card left on file will be charged monthly, starting 30 days after Facility Reservation Application submittal and finishing three (3) months before event date. Monthly payment is the remaining balance, after Down Payment is paid, divided by the number of months left between the first payment and three (3) months before the event date.
OPTION 3 - In-Person Monthly Installments. Applicant must go to event venue site monthly, starting 30 days after Facility Reservation Application submittal and finishing three (3) months before event date. Monthly payment is the remaining balance, after Down Payment is paid, divided by the number of months left between the first payment and three (3) months before the event date.
2. Cancellation Policy - A cancellation request must be submitted by the applicant to the Parks, Recreation and Community Services Department. Processing Fee not included in any option below.
A) 6 months prior to event - all fees returned
B) 180 - 91 days - 100% of Down Payment withheld
C) 90 - 61 days - 50% of all fees paid withheld
D) 60 - 31 days - 75% of all fees paid withheld
E) 30 - 15 days - 90% of all fees paid withheld
F) 14 - 1 day (s) - 100% of all fees paid withheld
3. Alcohol - An Alcohol Permit is required to serve/consume alcohol. An additional alcohol permit fee will be charged.
The event must also abide by the following:
A) Consumption must be inside the facility and cease one (1) hour prior to the beginning of clean-up; or 11:00 p.m., whichever is earlier.
B) Alcohol cannot be served for more than six (6) hours at any event.
C) Alcohol is restricted to only beer, wine, and champagne, no hard liquor.
D) No persons under 21 years of age are allowed to drink or serve alcohol.
E) Services or consumption of alcohol by minors will result in immediate termination of event, loss of deposit and subject to citation from Riverside Police Department.
F) Alcohol must be served in non-glass containers.
G) An ABC License and Host Liquor Liability insurance are required to sell any alcoholic beverage.
H) A security guard must be present during Event Time.
I) Alcohol must be provided by the applicant and not the guests. ) If applicant is under 21 years of age AND serving alcohol at event, a Co-Signer, 21 years or older is required:
Name: _DOB: _Signature:
4. I have reviewed, and upon request have received, a copy of the Facility Reservation Application additional Rules & Regulations. INITIALS:_
5. Acknowledgement of Conditions - I understand that I am submitting a Facility Reservation Application and that an approved reservation is not granted until I receive an approved facility permit from the City. I also understand that events shall be bound by all rules and regulations and applicable to all ordinances of the City of Riverside. The violation of any of the rules and regulations or falsifying any other provisions of the application shall be grounds for immediate revocation of permission to use City facilities as well as a basis for refusal of future permits to use City facilities. The applicant is responsible for loss, damage, or injury sustained by reason of negligence of the person(s) to whom permit is issued. Applicant agrees to hold harmless and indemnify the City of Riverside or agents and employees from any and all liability for injury to persons or property occurring as a result of the activity sponsored by the applicant. Said person(s) shall be liable to the City for any and all damage to parks, facilities, and buildings owned by the City which results from the activity of applicant or is caused by any participant in said activity or spectator at said activity.
Applicant signature: nora 4n.- Domingiz Date: 8/27/24
Facility Reservation Application • Rules and Regulations I. RESERVATION AND PAYMENT
1. Application - Applicant or Day of Event Contact signing the Facility Reservation Application must be present during the event. Reservations are accepted up to 18 months prior to the date of the event. In addition to facility rental fees, applicant is responsible for costs of additional City Staff and/or resources assigned to the event. The number of Staff is determined by the type of event, attendance, and security needs. The number of Staff assigned is at the sole discretion of the Parks, Recreation and Community Services Director or designee.
2. Fees -
A) Applicant is responsible to pay the Down Payment, which is a minimum of three (3) hours of rental fees, plus security deposit and non-refundable processing fee, at time of application submission.
B) Alcohol fee will be charged and applied to permit if alcohol is to be served.
C) If applicant is reserving a picnic shelter, all fees must be paid at the time of application submission.
D) If applicant is reserving a facility for less than three (3) hours, all fees must be paid at the time of application submission.
E) All fees must be paid three (3) months in advance of the event. Failure to meet this deadline will subject the reservation to cancellation and forfeiture of any and all fees paid. Events scheduled less than three (3) months prior to the event date must be paid in full by credit card or money order.
3. Security Deposit - The required security deposit is due upon submittal of Facility Reservation Application and is not applied to the balance of rental fees. The security deposit will be refunded to the applicant identified on the Facility Reservation Application approximately 4-6 weeks after the event, provided the facility is returned to pre-event condition and no additional costs were incurred by the City for the event.
4. Insurance - Applicant may be required to obtain insurance for the event. Parks, Recreation and Community Services Department will determine if insurance is needed and notify the applicant. (Generally this consists of a $1,000,000 general liability per occurrence and $2,000,000 aggregate certificate that lists the City of Riverside as additionally insured).
5. Special Event Permit - Certain events require a Special Event Permit. Parks, Recreation and Community Services Department will notify the applicant if permit is required. If a Special Event Permit is required and is not obtained at least three (3) months prior to the event, the reservation is subject to cancellation.
6. Event Security - Security is required for events open to the public as deemed necessary or private rentals of 100 people or more. Security will be required at the ratio of 1 officer: 100 participants. Security must be obtained from the Riverside Police Department or be a Parks, Recreation and Community Services Department approved provider.
Security will be required for amplified sound, and/or alcohol services at event regardless of attendance number.
II. SET-UP PRIOR TO EVENT
1. Storage - Storage or pre-staging of event items prior to the contracted start time is not allowed. This includes both personal as well as professionally delivered items.
2. Set-Up Time - Set-up time must be included in the rental period. Access to the site is not allowed prior to the approved start time listed on Facility Reservation Application.
3. Pre-Event Inspection - Applicant or Day of Event Contact is required to complete the pre-event inspection with a City Staff member prior to occupying the facility. This establishes the condition of the facility and equipment prior to applicant's event. Applicant or Day of Event Contact will be responsible to restore facility and equipment to the pre- event condition; failure to do so will result in loss of security deposit amount.
4. Tables and Chairs - Parks, Recreation and Community Services Department provides and sets-up tables and chairs for indoor rentals. Applicant may supply, at their expense, additional units if on site quantities are not sufficient, subject to Fire Department occupancy for the facility and intended use. Insurance from outside vendor is required.
5. Decorations - Decorations and other environmental enhancements must be free standing and cannot be attached to the facility or fixtures by any means. Removal of existing facility decorations or fixtures, if any, is not allowed.
6. Signs - Exterior signs are not allowed. Interior signs are allowed provided they are pre-approved by City Staff and are
7. Prohibited Items - Candles, smoke/fog machines, vape/e-cigarettes, barbeques, deep fryers, outdoor ovens, and glitter or confetti are not allowed. Additionally, sand, oil, powder or other foreign substances are prohibited from being spread at any Parks, Recreation and Community Services Department facilities.
III. RESPONSIBILITIES DURING THE EVENT
1. Occupancy Limits - The maximum number of participants for the facility cannot be exceeded. City Staff will restrict access to the event once room capacity has been reached.
2. Supervision of Minors - All minors must be adequately supervised at all times and are required to be in the appropriate rental area(s). Chaperones must be at least 21 years of age. City guidelines for the supervision of minors are; 1 adult:
six minors ages 1-5 years; 1 adult: 15 minors ages 6 - 12 years; 1 adult: 20 minors ages 13 - 17 years. If supervision is deemed inadequate by City Staff on site, to ensure the safety of patrons and the preservation of City resources, additional Staff may be added per the supervision ratios identified above at the applicant's expense.
3. Responsible Party - The applicant and/or the applicant's organization have primary responsibility for the conduct and safety of all participants at the event. Any additional actions required by the City to maintain lawful conduct, safety of event participants and/or the protection of City property, will result in additional charges to the applicant or applicant's organization, and may result in termination of event.
IV. RESPONSIBILITIES AFTER THE EVENT
1. Clean-Up Time - Clean-Up time must be included in the approved rental time and must be at least one (1) hour. Any additional time required beyond the time identified in the contract will be billed to the applicant at the rate of 1.5 times the applicable hourly rental rate.
2. cle 2. Cleaning Tasks - Applicant is responsible for completing all cleaning tasks as needed. The Department will provide all customary cleaning supplies. Cleaning tasks are defined as, but not limited to:
A) Placing all trash in proper receptacles; additional trash bags are available as needed.
B) Floors must be swept and countertops wiped clean.
C) Kitchen, if applicable, must be returned to pre-event condition.
D) All event decorations and personal property must be removed from the facility.
3. Post-Event Inspection - Applicant or Day of Event Contact (same person who completed the Pre-Event Inspection) is required to complete the Post-Event Inspection condition of the facility and equipment.
4. Pre & Post Inspection Evaluations - Applicant will incur any additional costs to reinstate to the pre-event inspection condition of the facility and related equipment for damages caused by applicant's event.
V. ADDITIONAL ITEMS
1. Smoking/Vaping-Smoking and vaping are prohibited and unlawful at any City facility including parking lots, trails and athletic fields; Riverside Municipal Code 9.08.140
2. City Initiated Actions - The City reserves the right at its sole discretion to cancel a reservation at any time for:
A) False or misleading information on Facility Reservation Application.
B) Failure to pay fees when due.
C) Failure to comply with any safety directive of a City representative.
D) Failure to abide by the Alcohol restrictions.
E) Failure of event participant(s) to abide by any safety or liability restrictions that may be violated before or during the event.
3. If a natural disaster, scheduling conflict, or other issues arise impacting the site or time requested of event, one of the following will occur: all refundable monies may be returned or credited, an alternative location may be provided, or the event may be rescheduled.
4. Outdoor rentals - Outdoor rentals may be credited or rescheduled due to inclement weather.
5. Ongoing Rentals - Ongoing/recurring rentals at pools, ball fields or any indoor facility must be reserved at least three (3) months at a time and pay one month in advance to guarantee dates. Subject to same Cancellation Policy.
6. Discrimination - For all events open to the public, the applicant agrees not to deny any participation to a qualified person on the basis of race, color, national or ethnic origin, age, religion, disability, sex, sexual orientation, gender identity and expression, veteran status, or any other characteristic protected under applicable federal or state law.
7. All Riverside Municipal Codes are available on the City of Riverside website for your review.
Docusign Envelope ID: 27E8151F-16F0-4537-BF2A-61A309DDBFOC FIELD
Farmworkers Institute of Education & Leadership Development Corporate Office On May 1, 2024, the Board of Directors of Farmworkers Institute of Education & 122 E. Tehachapi Blvd. Leadership Development (FIELD), a duly formed Nonprofit Corporation, in the State of Suite C California, adopted the following resolutions:
Tehachapi, CA 93561
(661) 823-8828 office RESOLVED, That Nora Dominguez, Ed.D, as Chief Operations Officer of FIELD and officers www.farmworkerinstitue.org of FIELD be, and hereby are, severally authorized to sign, execute, certify to, verify, acknowledge, deliver, accept, file, and record any and all instruments and documents and take, or cause to be taken, any and all such action, in the name and on behalf of FIELD (in such officer's judgment) shall be necessary.
FURTHER RESOLVED, That the Patrick Pine as Secretary, and each officer of FIELD (each an "Authorized Party"), be, and each of them hereby is, acting alone, authorized, empowered and directed, on behalf of the Corporation, to take such actions, and to execute and deliver such additional documents and instruments or cause the performance thereunder, as the person taking such actions or executing and delivering such documents or instruments or causing the performance thereunder may deem necessary or appropriate in connection with all FIELD Board Approved Transactions and the signature of such Authorized Party on any document or instrument, shall be conclusive evidence of such Authorized Party's authority to take such actions or execute and deliver such documents or cause the performance thereunder on behalf of the Corporation.
-DocuSigned by:
Ines Deluna
Board Chair
- DocuSigned by:
Patrick Pine
atrick int
Secretary
SECRETARY'S CERTIFICATE
benefit corporation (the "Corporation"); that the Board of Directors of the Corporation approved such resolutions on May 1, 2024; that the Resolution does not conflict with the bylaws of the Corporation nor has the Resolution been in any way altered, amended, or repealed, and that it is in full force and effect, unrevoked and undescended, as of this day, and has been entered upon the regular minute book of the -DocuSigned by
Patrick Pine
Patrick PiRe
Secretary
Farmworker Institute of Education and Leadership Development (FIELD) is a 501 c (3) non-profit organization founded in 1978 by Cesar E. Chavez. www.farmworkerinstitute.org