HomeMy WebLinkAboutOrdinance 1846 N.C.S. 04/29/1991.a~.
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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~lea~se
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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 Nlayor Cavanagh, Mayor Hilligoss
NOES: o
ABSENT: o
ABSTAIN:
COTSord/bg4
APPRO ED AS TO FORM:
- qty ttorney
Ord. 1846 N.C.S.
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EXHIBIT A
LEASE AGREEMENT
Human Services Center
-, 1500 Petaluma. Boulevard, S:
::Petaluma, CA
:COIVIIVIITTEE.ON THE -SHELTERI:ESS
THIS Lease Agreement is' entered into this a~. day of /.~;o.r,' j , 1991,
by and between the :City of Petaluma, .hereinafter .referre'd' to, as "City" and the Committee
On Tlie Shelterless; a California nonprofit. corporation, hereinafter referred '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 o 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. Prerriises. City leases to COTS and. COTS 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. ~ Iauconsderation ~of the,. fact that COTS is providing: a valuable community
service, the rent payment- required.. of COTS for the `lease of this facility shall be
$1.OO.per year, .payable upon commencement of•lease.
3. '` Term: The term of this: Lease_Agreementshall be for.ten (10) years commencing on
, 1991. unless terminated as provided herein. This lease
agreernent:.is :revocable .only by mutual written consent of the_ City and COTS. Upon
the termination of this lease, all alterations and additions to the existing building
hallremain th'e property of the City.
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4., .User The'~`prernses'„ 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 ahe use. of the premises unless, and until:
a. Tenant .has prior ~ written consent of the Sonoma County Community
Development Commissron (S:CDGj and the new use of the property meets all
applicable requirements imposed o"n fhe SCDC by the Department, of Housing and
. Community Development,. or tenant reimburses the S'CDC the full amount of any
loans, advancements or cgnstruction payments; and
b. Tenant has the prior written. consent. of the City Manager..
5. :Parkins. 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. COTS shall provide all furniture, fixtures and equipment necessary for
its program.
7. Utilities. C®TS shall be.responsille for payment of all utilities attributed to its
use.: COTS hall 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. ~Sutlease or Assignment. COTS shall not assign 'its rights .under this Agreement
without the prior written consent of City; which. consent. wi1T not be .unseasonably
withheld.
2
1D. Alterations.:Etc: 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. 1Vlantenance of P"remises. COTS `acknowledges that .it'hasinspected 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. fo 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 evel~ of maintenance. .
12. Compliance. COTS agrees to fully.comply with: a'll local,..cty, 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'a11 losses and all ,claims, demands,
suits, actions, ,payments,. and judgements, including-.:attorneys' fees :and expert
witness fees„ arising out of or iri connection with COTS' operation and/or use. of the
premises.
City shall indemnify,. save, Bold harmless and defend COTS, its officers, employees
and agents ~frorn 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 wi h the City's operation. aril/or use of the premises- or the
property, building and'improvementsin 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 insurance shall be borne by COTS. -and shall in the
amount of no -less t ian one million .dollars ($`1,000,000.00,).
COTS. shall .provide the City with a. Certificate of Insurance, which Certificate of
Insurance shall narrie the City of Petaluma as an.additional insured.
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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 conditi'on~ 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 COTS' 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 COTS's ,trade fixtures and COTS' personal
property such excluded items being the sole responsibility of COTS to restore.
16. Attorne, sy 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 sha11'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 t_fie United States Government.
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Notice shall be given as follows:
City:' City Clerk
- ~ City of Petaluma
P.O.. ~B_ox 61
. Petaluma, CA 94953
COTS: Committee On The Shelterless-
15.00 Petaluma- Blvd. 5., Suite B
Petaluma, CA 94952
18. ,Option to Extend Term.. COTS is given the op ion to extend the term on all the_
provisions contained in this lease for a five. ,(5') year period ("extended term") following
expiration of the initial. term, by,giving notice of °exerese of the option ("option notice") to
Ci at lease, four 4~ months but not more than one 1 ear before the expiration of the
tY 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' continence and this lease shall expire at
the end of the `initial term:
This Agreement constitutes `the eritre understanding -between the parties hereto as of its
effective .date: -~ ~ ~ -
r
IN WITNESS WHEREOF, the parties-'have executed. this Agreement as of the day and
year first above written.
City of Petaluma
ty ~anage
Committee On The Shelterless
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