HomeMy WebLinkAboutOrdinance 1846 N.C.S. 04/29/19911
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ORDINANCE NO. 1846
Introduced by Councilman
Brian Sobel
N.C.S.
Seconded by Councilman
Lynn Woolsey
AN ORDINANCE AUTHORIZING LEASE OF REAL PROPERTY
LOCATED AT 1500 PETALUMA BOULEVARD SOUTH, PETALUMA,
CALIFORNIA TO THE COMMITTEE ON THE SHELTERLESS (COTS),
AND AUTHORIZING THE CITY MANAGER TO SIGN SAID LEASE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
FOLLOWS:
28 Section 1. The real property located at 1500 Petaluma Boulevard South, Petaluma,
29 California and described as the Petaluma Human Services Center, is hereby authorized to
30 be leased to the Committee on the Shelterless (COTS) for the purpose of remodeling and
31 shelter operation as outlined under the terms and conditions set forth in the agreement
32 entitled "Lease Agreement" attached hereto as Exhibit "A" and incorporated herein by
33 reference. The City Manager is authorized to sign the lease
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35 Section 2. The City Clerk be, and she is hereby directed to publish/post this Ordinance for
36 the period and in the manner as required by the City Charter.
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38 IF ANY SECTION, subsection, sentence, clause or phrase or word of this ordinance is for
39 any reason held to be unconstitutional by a court of competent jurisdiction, such decision
40 shall not affect the validity of the remaining portions of this ordinance. The City Council of
41 the City of Petaluma hereby declares that it would have passed and adopted this ordinance
42 and each and all provisions thereof irrespective of the fact that any one or more of said
43 provisions be declared unconstitutional.
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Ord. 1846 N.C.S.
1.
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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: o
ABSENT: o
ABSTAIN:
COTSord/bg4
APPRO ED AS TO FORM:
/,��iffy Attorney
Ord. 1846 N.C.S.
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LEASE AGREEMENT
Human ServicesCenter
1500 Petaluma Boulevard, S'.
Petaluma, CA
COMMITTEE.ON THE SHELTERLESS
THIS Lease Agreement is' entered 'into this 49, day of 1991,
by and between the City 0 Petaluma, f, hereinafter referred'tQ. as "City" and the Comrnittee
On The Shelterless; aCalifornia nonprofit corporation, hereinafterfeferred.-to as "COTS".
WHEREAS, 'COTS desires to utilize. a portion of the City -owned building which is
presently'known as'the Petaluma Human Services Center-- and
WHEREAS, COTS desires to use the space for emergency housing for families with
children and 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 COTS and COTS leases from- City those certain premises
located at 1500 Petaluma Blvd. S., Petaluma, CA as shown in Exhibit "N' and
outlined in red.
Rent. - In,.-considerationof the. fact that COTS is providing a faluAble community
service.,. the tent pffyment required of COTS for the `lease of this f2icility shall be
$1.00per year-, payable upon commencement oflease.
3. The term of this Lease 'Agreement shall 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 COTS. Upon
the, termination. of th.1's, lease, all alterations and additions to the existing building
shall -remain the property, of the City.
4.. User The' premises'„ shall be used as emergency housing for homeless families with
children, COTS administrative offices, and social service programs related to family
emergency housing.
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 (SC -DC.) 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 S'CDC the 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 of the spaces based on actual operating.characteristics.
6. Equipment. COTSshall provide all furniture, fixtures and equipment necessary for
its program.
7. Utilities. COTS shall be-responsil le for payment of all utilities attributed to its
use. COTS shall install and maintain a separate telephone line and shall be
responsible for all costs and expenses, associated therewith.
8. Entry and Inspection. -COTS' shall permit City;, its agents and/or employees to enter
the premises; at reasonable' times, during COTS 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.
9. 'Sublease or Assignment. COTS shall not assign -its rights under this Agreement
without the prior written consent of City; which consent will not be unreasonably
withheld.
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10. Alterations-Ete. COTS ,shall not make any material ;alterations; install any fixtures,
or snake any additions or improvements to the premises without prior written
consent .of City.
11. Maintenance of Premises. COTS 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.
COTS agrees: to keep °the premises in good °order and conditions at all times; to keep
the same safe, and that upon. germination of this ..Lease it will :surrender- the
premises in as good order and condition as received, reasonable wear and tear
excepted. City, as owner, willinspect the building on a regularbasis to assure
appropriate level. of maintenance.
12. Compliance. COTS agrees to fully comply with: a'll local,..city, state and federal laws,
regulations and ordinances governing use of the premises.
13. Indemnification. COTS 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 COTS' operation and/or use. of the
premises.
City shall indemnify, save, hold harmless and defend COTS, 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 or the
property, building and'improvements in which the' premises are .located.
14. Insurance, COTS, at its own cost and expense, shall procure and maintain for the
duration of 'this Agreement, insurance against claims for injuries to persons or
damages to,property which may arise from .or in connection with COTS' use of the :
premises. The cost of such insurancel shall be borne by COTS and shall in the
amount of no .less than one million .dollars ($1,000,000.00).
COTS shall .provide the 'City with a. Certificate of Insurance, which Certificate of
Insurance shall name the City of Petaluma as an additional insured.
3.
15. 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, shall restore the .premises or the'bulding 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, COTS can terminate this lease immediately by giving
notice to the City. If COTSfails 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 COTS's trade fixtures and COTS' personal
property such excluded items being the sole responsibility of COTS 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 ,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., ainy post office or any post office box regularly
maintained.by the United States Government.
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Notice shall be given a& follows:
City:City Clerk
City of Petaluma
P.O.. Box 61 -
Petaluma, CA 94953
COTS: Committee On The Shelterless
1500 Petaluma Blvd. S., Suite B
Petaluma, CA 94952
18. ,Option to Extend Term. COTS is given the option to extend the term on all the_
provisions contained inthis lease for a five. ,(5) year period ("extended to rn") following
expiration of the initial. term, b , iving notice of °exercise of the option ("option notice") to
Cityat lease. four 4� months but not more than one 1 year before the expiration of the
O Oy
term. Provided that, is COTS .is in defaul"t on the date of giving. the option notice, the
option notice shall be totally ineffective, or if COTS 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:
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year first above written.
City of Petaluma
By
ty MIthager
Committee On The Shelterless
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