HomeMy WebLinkAboutOrdinance 1847 N.C.S. 04/29/1991
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ORDINANCE NO. 1847 N.C.S.
Introduced by Councilman Seconded by Councilman
Brian Sobel Lynn Woolsey
AN ORDINANCE AUTHORIZING LEASE OF. REAL PROPERTY
LOCATED AT 1500 PETALUMA BOULEVARD SOUTH, PETALUMA,
CALIFORNIA TO THE PETALUMA PEOPLE SERVICES CENTER (PPSC),
AND AUTHORIZING THE CITY MANAGER TO SIGN SAID LEASE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
FOLLOWS:
Section 1. The real property located at 1500 Petaluma Boulevard South, Petaluma,
California and described as the Petaluma Human Services Center, is hereby authorized to
be leased to the Petaluma People Services Center (PPSC) for the purpose of remodeling
and administrative professional offices as outlined under the terms and conditions set forth
in the agreement entitled "Lease Agreement" attached hereto as Exhibit "A" and
incorporated herein by reference. The City Manager is authorized to sign the lease. V~
Section 2. The City Clerk be, and she is hereby directed to publish/post this Ordinance for
the period and in the manner as required by the City Charter.
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.
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Ord. 1847 N.C.S.
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INTRODUCED and ordered Posted/Published this 15th day of April , 1991.
ADOPTED this 29th day of April , 1991, by the following vote:
AYES: Read, Davis, Woolsey ,Sobel, Nelson, Vice .Mayor Cavanagh, Mayor Hilligoss
NOES: 0
ABSENT: o
ABSTAIN:
ATTEST:
~----- - .
ity er
PPSCord/bg4
APPR VED AS TO FORM:
• •~( ~ rty o ney
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Ord. 1847 N.C.S.
... ~ '.,
' E ,~ ,
LEASE AGIZEEMENT
• Human Services Center
'1'500 Petaluma Boulevard, S.,
• :Petaluma, CA
• PETALiTMA PEQPLE SERVICES CENTER
THIS''Lease Agreement is •entered into this ~~ d'ay of ,Q~, ,,,; ~ , 1991,
.. by and between the City of Petaluma, .h'ereinafter referred" to as "city'' and .Petaluma
People Services Center, a California nonprofit corporation, hereinafter ~ referred to as
"PPSC". .
- WHEREAS; PPSC?desres.to'utilize a.portion of the City-owned building which is presently
known:as .Petaluma Human Services Center;- and . ~ `
WHEREAS, PPSC desires to. use the space for job training, eounseli'ng, and social service
•related activities. ~ ~
NOW, THEREFORE,'iri~consderat°qn°of,t'he prorriises andrnutual covenants. contained in
this Agreement, the~partres;hereby agree as follows:-
1. Premises: City leases. to PPSC and PPSC.`leases from City those certain premises
• - - located at 1500 Petaluma Blvd. S., Petaluma, CA, as shown. in Exhibit, "A" and
- outlined:in red. •
2'. Rent. In consideration, of the fact. tkat .PPSC is providing a valuable community-
. •' . _- _ service, the rent payment required of PPSC for the lease of this facility shall be
- . ~-- - .
- ----- - ~~--- ,$1.00 per year,,payable upon commencement of'lease.
• _ ;- 3.. Term. The term of'~this Lease Agreement shall':be_:for ;ten {10) years commencing on
- ~ 199.1 unless terminated; as provided herein. This. lease
- ~ agreement'is revocable only by mutual written consent of thee. City and PPSC. Upon
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the termination.. of ahs- lease, all ..alterations and additions to the exist'ng~ building
shall remain the property of the `City.: '
4. .User The premises shall. be: used as administrative offices and central site for, social
-- ~ ~ .. ..
service. programs including, `but not limited. to, senior nutntion, senior day care, in-
home services °for seniors, transportation fore seniors :and ,the handicapped, youth and
family counseling, drug and substance .abuse prevention programs, job training, arid
placement for'low income youth: and. adults; neighborhood youth corps projects and
countywide .information and referral 'for persons in need.
Tenant shall.not change the use of the=premises unless and until:
a. Tenant has prior written :consent of -the Sonoma County Community
Development Commission (SCDC) and. the new use of fhe property meets all
applicable requirements imposed. on the SCDC' by he Department. of Housing and
Community Development,, or tenant reimburses the SCDC' the full amount of any
loans, advancements. or construction payments;. and
b. Tenant :has the prior written :consent of the CityaVlanager.
5. Parking. Parking' shall be divided as, indicated' on Exhibit A. City ;reserves. the
right, 'to .work with. eriants~ to amend exhibit A, 'i'mpose operating conditions; or
consider exclusivity of°the 'spaces based. on actual operating. characteristics.
_ _ 6.
~.
- 8.
Equipment.. PPSCahall provide all furniture, fixtures and equipment necessary for
its program.
Utilities.. PPSCshall be responsible for payment of all utilities attributed to its use.
PPSC shall, when. possible, install and maintain separate utility metering.' PPSC
shall install a. separate telephone line and shall be responsible for all costs and
expensesassociated~ therewith. .
Entry and Inspection: PPSC shah .permit City, its agents and/or employees to enter
the premises at reasonable times during PPSC .hours of operation .and upon
reasora'ble notice. fore `the purpose :of making `necessary or convenient repairs, or to
inspect the premises:for compliance with the terms of this agreement.
2.
-~ ,.
9. Sublease or Assn' nment. PPSC shall. not assign its rights under this. Agreement
without the prior written. consent of City, 'which. consent will not` ties unreasonably.
withheld.
- 10. Alterations;-Etc. PPSC' shall not .make .any :material alterations, install .any' fixtures,
or make any additions or improvements to~ the premises wi hout prior written
consent of City.
11. .Maintenance `of'Pcemises, PPSC acknowledges .that, it has inspected the premises
and,. by execution. of :this 'instrgment. it takes' the`prernises .in present condition, with
no oblagation upon he City tomake repairs alterations. or additions of any kind.
PPSC agrees tb 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; wilY-`inspect the building on a regular basis to assure
appropriate TeveI of`maintenance.
12. Compliance. PPSC agrees to fully comply with all oval, city;.state and federal laws,
regulations and ordinances,governing use of`the premises.
. .
13. Indemnification: PPSC 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;: sand, judgements, ,including attorneys' .fees- and expert.
. witness fees, arising out, of or in connection with. P..PSC's operation_and/or use of the
_ premises. '
.. _ City shall indemnify; save,.. hold harmless and defend PPSC, its officers;: employees
. _ and agents from ~ and.. against. all 'losses and all claims, demands;, suits,: actions,
' __ _ payments; and judgements, including attorneys' fees :and expert witness 'fees,, arising
out of or in connection with the City's operation. and/or use of the premises.
. - - 14. Insurance., See Exhibit B.
15. Desfru~cti'on. If; during the term, the premises or. the building and other
. improvements in which the premises are 1'ocated are totally or partially destroyed
..
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from any cause, .rendering the -premises totally or partially inaccessible or unusable,
City shall ~iestore the premises ~or. the building and "other improvements. in wli'ich the
premises., .are. gcated to ubstantially the same condition as they were in before
destruction, if 'the ..restoration can ~be made under he 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.
If the restoration cannot be made in the time stated in this paragraph, then within
thirty days. after the parties determine that the restoration ¢anriot be made in the
time stated .in.this paragraph, PPSC can terminate this lease immediately by giving
notice to the City. If PPSC 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 not ..permit the. restoration, either party,` can terminate
this .lease immediately by giving notice to the other party.
If City is required or elects to restore the premises as provided in this. paragraph 16,
City shall not be. required. to restore PPSC's ~ trade fixtures and PPSC's personal
property such excluded :items. being the sole responsibility of PPSC to restore.
16. Attorneys' 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 attorneys' fees to be:fixed by the Court.
17. 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 marl,. 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:
City: , ~ City Clerk
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. ~ City of Petaluma
P,O. Box 6-1
Petaluma, -CA 94953
_ PPSC, Petaluma People Services. Center
1500 Petaluma Blvd., -S., Suite A.
. Petaluma, CA 94952
18. Option to Extend Term. PPSG is :given the option to extend the .term on all the
.provisions coritained in this lease 'for a ten (10) year period ("extended term") foll"owing
expiration of the initial term, by giving notice of exercise: of the option, ("option notice") to
City at lease ~four,(4) montlis but not more than one.(1) year before the expiration of the
term. Provided. that,. is PPSC~ is in default on the date of giving the option notice, the
option notice shall be totally ineffective, or if PPSG 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.
`.T'his .Agreement constitutes 'the entire understanding between the parties hereto as of its
effective date. .
IN WITNESS WHEREOF;; the parties have executed thi`s~Agreernent as of the day and
year first above written.
City of Petaluma
By
ppscagr/agrrnts=l .
..
_ ; ~4t 'est::,
G-erk
. DEP'' C1TY CL~R'~'
Petaluma Peogl_e Ser~rice Center
~C ~;;
/ J_~~_/-:~ li
~:: ~ /=~J_ CITY o P
ETALI~ARA APPROVA~IS
. RISK DIANA E`~1C~~T
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