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HomeMy WebLinkAboutOrdinances 1922 05/03/1993~, t ~ , _ ~~ ~f' J ~ ~! 2 199_ 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 ORDIIVAl~1CE 1V0. Introduced by Seconded by iV.C_S. Carole Barlas AN ®RDINANCE AUTH®RIZINC .LEASE ®F REAL PROPERTY L®CATED AT 27 H®WARD STREET, PETALUMA, CALIF®RNIA TO CPC REDW®®DS H®SPITAL ARID AUTHORIZIIV(B TIDE CITY MANAGER TO SIGI~i SAID LEASE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: 30 Section 1. The real property located at 27 Howard Street, Petaluma, California is 31 hereby authorized to be leased to the CPC Redwoods Hospital for the purpose of remodeling 32 and use as outlined under the terms and conditions set forth in the agreement entitled "Lease 33 Agreement" attached hereto as Exhibit A and incorporated herein by reference. The City 34 Manager is authorized to sign the lease. 35 36 Section 2. The City Clerk be, and she is hereby directed to publish/post this ordinance 37 for the period and in the manner required by the City Charter. 38 39 Section 3. If any section, subsection, sentence, clause or phrase or word of this 40 ordinance is for any reason held to be unconstitutional by a court of competent jurisdiction, 41 such decision shall not affect the validity of the remaining portions of this ordinance. The City 42 Council of the City of Petaluma hereby declares that it would have passed and adopted this 43 ordinance and each and all provisions thereof irrespective of the fact that any one or more of 44 said provisions be declared unconstitutional. 1. Ord. 1922 NCS 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 INTRODUCED and ordered published this 19th day of April , 1993. ADOPTED this 3rd day of May , 1993 by the following vote: AYES: Nelson, Shea, Hamilton, Vice Mayor Sobel, Mayor Hilligoss NOES: Read ABSENT: Barlas /~, _ ~ ' Mayor c:\word5\ord.doc 3/25/93 (fmk) 'ROVED AS TO FORM: A orney 2 Ord. 1922 LEASE AGREEIl~E1~T 27 Toward Street Petaluma, California THIS Lease agreement is entered into this day of 1.993, by and between the City of Petaluma, hereinafter referred to as "City" and CPC Redwoods Hospital, a United States corporation, hereinafter referred to as "CPC Redwoods" . WHEREAS, CPC Redwoods desires to utilize aCity-owned building which is known as 27 Howard Street; and WHEREAS, CPC Redwoods desires to use the space for office, counseling, and social service related activities. NOW, THEREFORE, in consideration of the promises and mutual covenants contained in this agreement, the parties hereby agree as fellows: 1. Premises. City leases to CPC Redwoods and CPC Redwoods leases from City those certain premises located at 27 Howard Street, Petaluma, California. 2. Rent. The rent payment required of CPC Redwoods for the lease of this facility shall be $ I , 300.00 per month minus credit for structural improvements as permitted by paragraph 4, payable on the first business day of each month upon commencement of lease. A $50.00 late penalty will be assessed for each day rent is overdue past the seventh day after the first City of Petaluma business day of each month. 3. Deposit. A cleaning/damage deposit of $1,000.00 will be provided to City by CPC Redwoods in conjunction with execution of this lease. Said deposit to be held by City to pay for any extraordinary cleaning which may be required after CPC Redwoods vacates premises and/or for repair of damage caused by CPC Redwoods and not repaired prior to vacating premises. .Balance of deposit not utilized for cleaning and/or repair. shall be refunded to CPC Redwoods within thirty (3Q) days after vacation of premises by CPC Redwoods. 4. Rental Credit. It is the intent of CPC Redwoods to undertake renovation and improvements to certain portions of .the property and building to facilitate handicapped accessibility including, but not limited to, work on the bathroom and interior doorways, exterior backdoor and construction of a ramp and paved sidewalk or driveway area from the front of the lot. In acknowledgement of the improvements which CPC Redwoods intends to do, the City agrees to permit CPC 1 OR. D l q 2 ~, ICs • ~ Redwoods credit in the form of reduced monthly rent in an amount of $300.00 .per month for a total period not to exceed 36 months or until the equivalent of the cost. of construction occurs, whichever is first. 5. Term. The term of this Lease, Agreement shall be for one (1) year commencing on 1993 unless terminated as provided herein. This Lease Agreement is terminable by mutual written consent of the City and CPC Redwoods, by either party giving the other party thirty (30) days' written notice of .such. termination by certified or registered mail as provided in paragraph 19 of this Lease Agreement. Upon the termination of this lease, all alterations and additions to the building or grounds shall remain the property of the City. 6. Jesse. The premises shall be used as a treatment facility for adults suffering from severe psychiatric disability and chemical dependency. Patient load and scheduling shall correspond to Exhibit A .attached hereto and incorporated herein and may be modified only as outlined below. Treatment is designed to help adults regain mobility and independence and assist them in becoming involved in independent .activities in the community. Tenant shall not change the use, patient load or scheduling of the premises unless and until Tenant has the prior written consent of the City Manager. 7. Eaui~ment. CPC Redwoods shall provide .all furniture, fixtures and equipment necessary for its program. City will provide kitchen range but not~refrigerator. 8. 'li 'e . CPC Redwoods shall be responsible for payment of all utilities: gas, electricity, water, sewer, telephone, CATV, and. garbage service. 9. Maintenance. CPC Redwoods will tie responsible for all interior building maintenance, yard and landscape maintenance- in addition to incidental maintenance of such items as sewer ~, blockages, faucets, defective lightbulbs and switches, furnace filters, etc. The City will be responsible for exterior building maintenance, structural :maintenance and the maintenance of electrical, heating,: water and sewer systems save for any incidental maintenance as outlined above. 10. Entry and Inspection. CPC Redwoods shall permit City, its agents and/or employees to enter the .premises at reasonable times during CPC Redwoods hours of operation and upon reasonable notice for the purpose of making necessary or convenient repairs, or to inspect the premises for compliance with the terms of this agreement. 1 ORp l fit, a>a: ~ GS. t ~~ r ~4 Redwoods credit in the form of reduced monthly rent in an amount of $300.00 per month for a total period not to exceed 36 months or until the equivalent of the cost of construction occurs, whichever is first. 5. Term. The term of this Lease Agreement shall be for one (1) year commencing on 1993 unless terminated as provided herein. This Lease Agreement is terminable by mutual written consent of the City and CPC Redwoods, by either party giving the other party thirty (30) days' written notice of such termination by certified or registered mail as provided in paragraph 19 of this Lease Agreement. Upon the termination of this lease; all alterations and additions to the building or grounds shall remain the property of the City. 6. Use. The premises shall be used as a treatment facility for adults suffering from severe psychiatric disability and chemical dependency. Patient load and scheduling per Exhibit A attached hereto and incorporated herein. Treatment is designed to help adults regain mobility and independence and assist them in becoming involved in independent activities in the community. Tenant shall not change the use of the premises unless and until Tenant has the prior written consent of the City Manager. 7. Equipment. CPC Redwoods shall provide all furniture, fixtures and equipment necessary for its program. City will provide kitchen range but not refrigerator. 8. Utilities. CPC Redwoods shall be responsible for payment of all utilities: gas, electricity, water, sewer, telephone, CATV, and garbage service. 9. Maintenance. CPC Redwoods will be responsible for all interior building maintenance, yard and landscape maintenance in addition to incidental maintenance of such items as sewer blockages, faucets, defective lightbulbs and switches, furnace filters, etc. The City will be responsible for exterior building maintenance, structural maintenance and the maintenance of electrical, heating, water and sewer systems save for any incidental maintenance as outlined above. 10. Entry and Inspection. CPC Redwoods shall permit City, its agents and/or employees to enter the premises at reasonable times during CPC Redwoods hours of operation and upon reasonable notice for the purpose of making necessary or convenient repairs, or to inspect the premises for compliance with the terms of this agreement. 2 Ob2. D ~ Q a.-~. ~G~ 11. Sublease or Assignment. CPC Redwoods shall not assign its rights under this agreement without the prior written consent of City, which consent will not be unreasonably withheld. 12. Alterations, Etc. CPC Redwoods shall not make any material alterations, install any fixtures, or make any additions or improvements to the premises without prior written consent of City, and appropriate permits as necessary. 13. Maintenance of Premises. CPC Redwoods acknowledges that it has inspected the premises and by execution of this instrument it takes the premises in present condition, with no obligation upon the City to make repairs, alterations or additions of any kind. CPC Redwoods agrees to keep the premises in good order and conditions 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. City, as owner, will inspect the building on a regular basis to assure appropriate level of maintenance. 14. Compliance. CPC Redwoods .agrees to fully comply with all local, city, state and federal laws, regulations and ordinances governing use of the premises. 15. Indemnification. CPC Redwoods shall indemnify, save, hold harmless and defend the City, its officers, employees, and agents from and against all losses and all claims, demands, suits, actions, payments, and judgments, including attorney's fees and expert witness fees, arising out of or in connection with CPC Redwoods' operation and/or use of the premises. City shall indemnify, save; hold harmless and defend CPC Redwoods, its officers, employees, and agents from and against all losses and all claims, demands, suits, actions, payments, and judgments, including attorney's tees and expert witness fees, arising out of or in connection with the City's operation and/or use of the premises. 16. Insurance. See Exhibit B. 17. Destruction. If, during the term, the premises or the building and other improvements in which the premises are located are totally or partially destroyed from any cause, rendering the premises totally or partially inaccessible or unusable, City may restore the premises or the building and other improvements in which the premises are located to substantially the same condition as they were in before destruction, if the restoration can be made under the existing laws and can be completed within one hundred eighty (180) working days after the date of destruction. Such destruction shall not terminate this lease. 3 p-20 I~ia.a- NC5 If the restoration cannot be made in the time stated in this paragraph, then within thirty (30) days after the parties determine that the restoration cannot be made in the time stated in this paragraph, CPC Redwoods can terminate this lease immediately by giving notice to the Ciry. If CPC Redwoods fails to terminate this lease and if restoration is permitted under existing laws, City at its election can either terminate this lease or restore the premises or the building and other improvements in which the premises are located within a reasonable time and this lease shall continue in full force and effect. If the existing laws do nit permit the restoration, either party can terminate this lease immediately by giving notice to the other parry. If City elects to restore the premises as provided in this paragraph 16, City shall not be required to restore CPC Redwoods' trade fixtures and CPC Redwoods' personal property, such excluded items being the sole responsibility of CPC Redwoods to restore. 18. Attorney's Fees. In the event either party hereto shall commence any legal action arising out of this agreement or the performance thereof, the party prevailing in said action or proceeding shall be entitled to recover, in addition to its court costs, reasonable attorney's fees to be fixed by the Court. 19. 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: Ciry: City Clerk City of Petaluma Post Office Box 61 Petaluma, California 94953 CPC Redwoods.: Director of Program Development CPC Redwoods Hospital 1287 Fulton Road Santa Rosa, California 95401-4923 20. Option to Extend Term. CPC Redwoods is given the option to extend the term on all the provisions contained in this lease for a two (2) year period ("extended term") following expiration of the initial term, by giving notice of exercise of the option ("option notice") to City at least four (4) months but not more than one (1) year before the expiration of the term. 4 0 ~2~ I a a a- ~(cs ~:. Provided that, if CPC Redwoods :is in default on the date ~f giving the option notice, the option notice shall be totally ineffective, or if CPC Redwoods is in default on the date the extended term is to commence, the extended term shall not commence and this lease shall expire at the end of the initial term. This agreement constitutes the entire understanding between the parties hereto as of its effective date. IN WITNESS WHEREOF, the parties have executed this agreement as of the day and year first above written. CITY OF PETALUMA By City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney APPROVED: Department Head APPROVED: Risk Manager APPROVED: CPC REDWOODS HOSPITAL By r Name and Title Finance Officer c:\word5\agrmts.doc 4/$/93 (fmk) 5 p-2fl ~ ~ ~- a ~(cs