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HomeMy WebLinkAboutOrdinance 1847 N.C.S. 04/29/19911 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 40 41 42 43 44 45 46 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. 1 Ord. 1847 N.C.S. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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, Ma;yor Hilligoss NOES: 0 ABSENT: 0 ABSTAIN: ATTEST: ity er PPSCord/bg4 •...•VED AS TOFORM: ity Zo Rey�- Ord. 1847 N.C.S. EXHIBiT LEASE AGREEMENT Human Services Center 1500 Petaluma Boulevard, S.. Petaluma, CA PETALUMA PEOPLE SERVICES CENTER THIS''Leas.e Agreement is entered into this q d'ay of 1' , 1991, by and between the City of Petaluma, hereinafter referred" to as "City'' and .Petaluma People Services Center, a California nonprofit corporation, hereinafter referred to as "PPSC". WHEREAS, PPSC desires.to,utilize a. portion of the City-owneedbuilding which is presently knownas Petaluma Human Services Center; and WHEREAS, PPSC desires to. use the space for job training, 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 follows: 1. Premises: City leases. to PPSC and PPSC.Jeases 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 that .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 shalf be_:for ,ten (10) years commencing on - 1991 unless terminated; as provided herein. This lease agreement'is revocable only by mutual written consent of the City and PPSC. Upon the termination of ahis- lease, all alterations and additions to the existing building shall remain the property of the City.: ' 4. Use: The premises shall be: used as administrative offices and central site for, social service. programs including, `but not limited to, senior nutrition, senior day care, in - home services °for seniors, transportation for seniors :and ,the handicapped, youth and family counseling, drug and ,substance abuse prevention programs, job training and 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 the property meets all applicable requirements imposed on the SCDC' by the Department of Housing and Community Development,, or tenant reimburses the SCDCthe full amount of any loans, advancements or construction payments; and b. Tenant has the prior written :consent of the City.'Manager. 5. Parking. .-Parking' shall be divided as, indicated' on Exhibit A. City ;reserves. the right, to work with tenants to amend exhibit A, -impose operating conditions; or consider exclusivity, of1he spaces based on actual operating characteristics. 6. Equipment. PPSC:shall provide all furniture, fixtures and equipment necessary for its program. 7. Utilities. PPSC ,shall 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 expenses; associated therewith. - 8. Entry and Inspection: PPSC shall permit City, its agents and/or employees to enter the premises at reasonable times during PPSC .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. 9. Sublease or Ass' nment. PPSC shall not assign its rights under this Agreement without the prior written consent of City, which consent will not tie,, unreasonably. withheld. 10. Alterations; Etc. PPSCshall not make any material alterations, install .any' fixtures, or make any additions! or improvements to, the premises without prior written consent of City. 11. Maintenance `of'Premises. PPSC acknowledges .that it has inspected the premises and by execution. of :this Astrument. it takes the`preinises .in present condition, with no obligation upon the City, to make repairs alterations, or additions of any kind. PPSC 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 oUmaintenance. 12. Compliance. PPSC agrees to fully comply with all local, 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,: and, 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. Destruction.' If during the term, the premises or the building and other improvements in which the premises are 1'ocated are totally or partially destroyed 3 from any cause, .rendering the -premises totally or partially inaccessible or unusable, City shall 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. If the restoration cannot be made in the -time stated in this paragraph, then within thirty days after the parties determine that the restoration cannot 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: eventeither party hereto shall commence any legal action arising but, 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 maid, 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 4 City of Petaluma P.O. Box 6,1 Petaluma, CA. .94953 PPSC:, Petaluma'People Service's Center 1500 Petaluma Blvd.,.S., Suite A Petaluma, CA 94952 18. Option to Extend Term? PPSC is :given the option to extend the term on all the provisions contained in this lease 'for a ten (10) year period ("extended term") following expiration of the initial term, by- giving notice of exercise: of the- option, ("option notice") to City at lease -four, (4) ,months but not more than one.(1) year 'before the expiration of the 0 term. Provided that, 'is, PPSC is in default on the date of giving'the option notice, the option notice 7shall be totally ineffective, or if, PPSC is, in default on the;,date the extended term is to commence, the extended term shall not commence, and this leaseshall expire :at the end of the initial term. This Agreement constitutes the entire understanding between the parties hereto as of its effective, date. N WITNESS WHEREOF;, the parties, have executed thi§'Ag reement as of the day and year first above- written. City of Petaluma I ppscagr/49 rmtsrl, Affest., -PLDerk ► CITY, CLERK' Petaluma People Service Center, " /:: � �-�-.CITY OP ETALUMA APPROVALS .-4aISK*LIANA PACANT 5 _ _- r1 ly COTS TOT LOT :COTS PARKING LEASED PREMISES'/,COTS leased a. reserved for premises 'COTS PPSC (PPSG/other s.t)aces,)