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HomeMy WebLinkAboutOrdinances 1953 04/18/1994~ ,, ~~~~~~~~~'~ ~ATE - ~ ~~~~~A~C~ MAY 4 1994 °~'~' ORI)INANCE N1~. 1953 N.C.S. Introduced by 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Jane Hamilton 4th AN ORDINANCE AYJ'~~IORIZING LEASE OF REAL, I'ROPER'I'Y LOCATED AT CASA GRANDE ROAI2 'y'O PATRICIA VAN DE WARK AND AUTI~ORIZING THE CI'~~' MANAGER TO SIGN SAID LEASE WHEREAS, as of Apri14, 1994, the City Council authorized entering into a lease for this property with Patricia Van De Wark. therefore BE IT ORDAINED BY THE COUNCIL OF THE GITY OF PETALUMA AS FOLLOWS: Section l. The real property located at Casa Grande Road, Petaluma, California is hereby authorized to be leased to Patricia Van De Wark as a parking and vehicle circulation area as outlined under the terms and conditions set forth in the agreement entitled "Lease Agreement" attached hereto as E~ibit A and incorporated herein by reference. The City Manager is authorized to sign the lease. Section2. The City Clerk be, and she is hereby directed to publislv'post this ordinance for the period and in the manner required by the City Charter. Section 3. If any section, subsection, sentence, clause or phrase or word of this ordinance is for any reason held to be unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Petaluma hereby declares that it would have passed and adopted this ordinance and each and all provisions thereof irrespective of the fact that any one or more of said provisions be declared unconstitutional. INTRODUCED and ordered posted, this ADOPTED this 18th Seconded by Lori Shea day of April , 1994. day of April , 1994 by the following vote: AYES: Sobel, Hamilton, Barlas, Shea, Vice Mayor Read, Mayor Hilligoss NOES: None ABSENT: (Nelson ,resigned 4/4/94;~- one seat vacant) ATTEST ~~ ~ % ity Clerk ~-- AP~ROVFD`~1~T0 RM: ~ j - N11~ ,t {,~ii~,~.,,(a'~~1 _ ~ City Attorney mklwmword6/ordin OI'd. 1953 NCS ~ .. . .,. ... e. ,, - ~ ..~ i+..~.. ~ ' '~~ ~. I.EASE AGREEMENT FOR Portion of APN 5-060-12 This Lease Agreement is entered into this day of , 1994, by and between Patricia Van De Wark, hereinafter referred to as "Lessee" and the City of Petaluma, a municipal corporation, hereinafter referred to as "Lessor". WHEREAS, the Lessee desires to utilize approximately .17 aeres of vacant city-owned property which is a portion of APN 5-060-12 (see Exhibit A) and physically located inside the fenceline of 1200 Casa Grande Road (APN 5-060-11). NOW, THEREFORE, in consideration of the promises and mutual covenants contained in this agreement, the parties hereby agree as follows: CONDITIONS: L Term. The term hereof shall commence on May 1, 1994 and continue until May 1, 1995. This lease shall be automatically extended on a month-to-month basis unless there is sixty (60) day written notice provided by the Lessee to Lessor or Lessor to Lessee. 2. Rent. Rent shall be One Hundred Dollars ($100.00) per month, first 12-month rent deferred to and payable on May 1, 1995. Thereinafter rent shall be paid upon the first day of eaeh month. Rent is to be delivered to Lessor or his authorized agent, at the following addressc Finance Department, Petaluma City Hall, Post Office Box 61, Petaluma, California 94953 or at such other places as may be designated by Lessar from time to time. 3. Utilities. Lessee shall be responsible for the payment of any utilities and services which may be provided to said property. 1 O.f~ D Ia 5~ ~IC~S 4. Use. The premises shall be used solely as an open parking or vehicle maneuvering area. Any other use of the premises must receive prior approval of the City Manager. If for any reason the premises are no longer used for the purposes stated in this agreement or as approved by the City Manager, such unauthorized use shall constitute a material breach and the lease shall be terminated. 5. Com~liance. Lessee shall comply with all statutes, ardinances and regulations of the federal, state, county and municipal authorities presently in effect, or which hereafter may become effective. Failure to follow such regulations shall constitute a material breach of this lease agreement and shall be grounds for forfeiture of this lease agreement. 6. Sublease or Assignment. Lessee shall not assign its rights under this agreement without prior written consent of Lessor, which consent will not be unreasonably withheld. 7. Alterations. Etc. Lessee shall not make any material alterations, install any fixtures, or make any additions or improvements to the premises without prior written consent of Lessor. 8. Maintenance of Premises. Lessee acknowledges that it has inspected the premises and by execution of this instrument it takes the premises in present condition, with no obligation upon Lessor to make repairs; alterations or additions of any kind. Lessee agrees to keep the premises in good order and condition at all times, to keep the same safe, and that upon termination of this lease it will surrender the premises in as good order and condition as received, reasonable wear and tear excepted. Lessor, as owner, may inspect the site on a regular basis to assure appropriate level of maintenance. 9. EnvironmentalObligations. A. Lessor's Environmental Obligations. Lessor shall cornply, and take all necessary actions to cause the building to comply, with all applicable federal, state and local requirements relating to the protection of public health, safety and welfare, and with all applicable environmental laws relating to the building. Lessor is responsible for, and agrees to hold harmless, indemnify and defend Lessee from any and all claims, losses, liabilities, damages, costs and expenses, including reasonable attorneys' fees, related to the presence of hazardous substance in or on the premises or the building, unless caused or allowed by 2 ' . ~r~;p 19'Sr~ -~.Cs. .~ Lessee or Lessee's agents, employees, contractors, suppliers, shippers, customers or invitees. The parties agree that notwithstanding any term or provision of any applicable law or regulation, Lessee shall not be liable for any claims, losses, liabilities, damages, costs and expenses, including reasonable attorneys" fees, and/or for investigating and complying with any governmental arder (federal, state and/or local) relating to any hazardous substance on the premises or building that were not caused or allowed by Lessee or Lessee' agents, employees, contractors, suppliers, shippers, customers or invitees. B. I~essee's Environmental Obligations. Lessee shall comply, and take all necessary actioris to cause its operations in and on the premises to comply, with all applicable federal, state and local requirements relating to the protection of public health, safety and welfare, and with all applicable environmental laws relating to the premises. Lessee is responsible for, and agrees to hold harmless, indemnify and defend Lessor from all claims, losses, liabilities, damages, costs and expenses, including reasonable attorneys' fees, caused by or related to Lessee's delivery, storage or use of hazardous substance in or on the premises or Lessee's acts or those of Lessee's agents, employees, contractors, suppliers, shippers, customers or invitees which resulf in violation of any such laws. To the extent Lessee or Lessee's , agents, employees, contractors, suppliers, shippers, customers or invitees cause or allow the presence of or places hazardous substance in or .on the premises, common areas, ~soil ar surrounding area or violate any such laws, Lessee at its sole cost and expense shall promptly take any and all actions necessary or required to return the premises, common areas, soil or surrounding area to the condition existing priar to such placement of the hazardous substance ; in any such event, Lessee shall be liable for any related claims, losses, liabilities, damages, costs and expenses, including reasonable attorneys' fees, and/ar for investigating and complying with any governmental order (federal, state and/or local). 10. Bnt~ and Ins~ection. Lessee shall permit Lessor, its agents and/ar employees to enter the premises at reasonable times and upon reasonable notice for the purpose of inspection of the premises for compliance with the terms of this agreement or for any other purpose which does not materially deprive Lessee of the use of the site. 3 p~,D I 9 5 3~~s ;! 11. Indemnification. The Lessee hereby covenants and agrees to, and shall, defend, indemnify, and save harmless, the City of Petaluma, its agents and/ar employees against , all claims, demands, costs, and liabilities for damages of any kind or nature arising out of or occasioned by Lessee's performance of its obligations pursuant to this lease. However, this indemriity does not extend to any loss, damage or expense arising out of the sole negligence or willful misconduct of the City or the City's employees. , 12. Insurance. (See attached Exhibit B.) 13. Notice. All notices required or permitted by this agreement, including notice of change of address, shall be in writing and given by personal delivery or sent by United States _ mail, postage prepaid, and addressed to the parties intended to be notified. Notice shall be deemed to be given as of the date of delivery in person or as of the date when deposited in any post office or any post office box regularly maintained by the United States Government. Notice shall be given as follows: Lessor: City Clerk City of Petaluma Post Office Box 61 Petaluma, California 94953 Lessee: Patricia Van De Wark c/o Douglas Alman 1401 Martin Avenue Santa Clara, California 95050 14. Attornevs' Fees. In the event either party hereto shall commence any legal action arising out of this lease agreement or the performance thereof, the party prevailing in said action or proceeding shall b.e entitled to recover, in addition to its court costs, reasonable attorney's fees to be fixed by the Court. 15. Possessory Interest. Lessee is advised that under Revenue and Taxation Code Section 107.6 a possessory interest subject to property taxation may be created by this lease. Lessee hereby agrees that if such possessary interest is created and such interest is subject to property taxation, Lessee shall be responsible for the payment of.said taxes levied on any such interest. 4 ` O~D ~q53 ntcs ' : . • - This lease agreement constitutes the entire understanding between the parties as of its effective date. This agreement shall not be modified except in writing by both parties. IN WITNESS WHEREOF, the parties have executed this agreement as of the day and year first above written. CITY OF PETALUMA LESSEE City Manager Name and Title ATTEST: City Clerk APPROVED AS TO FORM: City Attorney APPROVED: Department Head APPROVED: Risk Manager APPROVED: Finance Director winword\agrmts.doc 4/5//94 (fmk) 5 0 ~,.~ 19 53 NGS f} m~~ ~~ 1 OANIEL: OHIVE " "Oq`-' ~ r~i~r-~~~ri~Tl ~1 ~I~TTT-f~~ ~ ° ~` ~ .DHIV,E. . LJ ~ ~ d.. ..l. J._ ~ ~ 1. ' J~. .i.J,. JL~ ~E. -... ERO_~~. / ' . - -- - - ---- --- --- - - ------ - --- - - --_ - ' _ . ~~~~~~r~~'; l. BOULEVAF , Y~.C~.l V ~~ V Y tJ-.~~~.L~ . _ . . .. _ . . . _.. _ ._ . . . . . I' I ~ I I '- ~- - s An..v a.c.. . . . < ... . - - ~; / --- - v ~ - ~^ z mSTDKES Cf. 1 ~ _ a~~ _~ ~ I~_ ~ ti' /~\ s ~ Dr~J ~~53 ~GS CITY OWNED MAR3H 12 1 \~ 1= t2 . : - ~~. Ic i/. I_ U hS •/~ ' < < __~, INSURANCE REQUIREMENTS FOR CONSULTANT.~ ''~ ~~ N~~~ ~ Lessee and/or sublessee shall procure and mairitain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the Lessee's operation and use of the leased premises. The cost of such insurance shall be borne by the Lessee. Minimum Sco~e of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 2. Insurance Services Office form number CA~ 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. Minimum Limits of Insurance Consultant shall maintain limits no less than: 1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other farm with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit. shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3. Employer's Liability: $1,000,000 per accident for bodily injury or disease. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Lessee shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other Insurance Provisions The general liability policy. is to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials, employees and volunteers are to be covered as insureds with respect to liability arising out of ownership, maintenance or use of that part of the premises leased to the lessee. 2. The Lessee's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, it officers, officials, employees or volunteers shall be excess of the Lessee's insurance and shall not contribute with it. 3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Acce~tability of Insurers ' Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII Verification of Covera~e Lessee and/or sublessee shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by the City or on other than the City's forms, provided those endorsements or policies conform to the requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. D R r~ I 9' 5 3 IJ~CS ~ ' ~ ~~ J~ o~~ ~ - -- - •. 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