HomeMy WebLinkAboutOrdinance 1842 N.C.S. 03/18/1991ORDINANCE NO. 1842 N.C.S.
Introduced by Councilman Seconded by Councilman
Vice Mayor Cavanagh Lynn Woolsey
AN ORDINANCE AUTHORIZING A GROUND LEASE OF REAL PROPERTY LOCATED AT
LUCCHESI PARK TO THE PETALUMA PEOPLE SERVICES CENTER
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS:
Section I. That the portion of Lucchesi Park adjacent to the
Lucchesi Park Senior Center, 211 Novak Circle, with the following
boundaries: Northeast, Novak Circle; Southeast, fence line;
Southwest, existing Senior Center; Northwest, Novak Drive (see
exhibit "A"), is hereby authorized to be leased under the terms
and conditions set forth in the Ground Lease by and between the
City of Petaluma and the Petaluma People Services Center, which
Ground Lease is attached hereto as exhibit "B" and incorporated
herein by reference.
Section II. 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.
Ord. 1842 N.C.S.
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INTRODUCED and ordered Posted/Published this 4th day of
March , 1991.
ADOPTED this 18th day of March , 1991, by the following
vote:
AYES: Read, Davis, Woolsey, Sobel, Nelson, Vice Mayor Cavanagh
NOES: 0
ABSENT: Mayor Hilligoss
ABSTAIN:
ATTEST:
City Clerk
#24:ordppsc
VICE MAYOR
APPROVED AS TO FORM:
City Attorney
Ord. 1842 N.C.S.
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H IT B
1B
EXHIBIT B
LEASE AGREEMENT
THIS -Lease Agreement is entered into this 4th day of
March 1994, by and between the City of Petaluma,
hereinafter referred to as "City" and the Petaluma People Services
Center, a California non-profit corporation, hereinafter referred to- as
"PPSC."
WHEREAS, PPSC desires to fund the construction of an addition to
the building which is. presently known as the Lucchesi Senior Center;
and
WHEREAS, the addition will become the property of City, and City
desires to use and to share that addition with PPSC; and
WHEREAS,, PPSC .desires to use the -addition for senior programs.
NOW, THEREFORE,.. in consideration of the promises and mutual
covenants contained in this Agreement, the parties hereby agree, as
follows:
1. Premises. Ci-ty shall allow PPSC to use those certain premises
as shown in Exhibit "A'" hereto at the Senior Center at Lucchesi Park,
2,11 Novak Circle, Petaluma, California.
2.. _-Rent. There shall be no rent payments required of PPSC for
the lease of this - facility. .in consideration ,of the fact. PPSC will use their
own source of funds to construct the addition and remodel the existing
portion. of the current senior center.
3 Term.: The term of this Lease Agreement shall be for
twenty-five (25) years commencing on 19 ,
unless terminated as provided herein. This Lease Agreement is
revocable only; by mutual written consent of City and PPSC. If, during
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the term of this Lease Agreement City ceases to make. the facility
improvements available as a senior center,, the` State, of California shall
be entitled to recapture from the City, funds equal to the State's
contribution for this project.. Upon the termination of ;this lease, all
fixtures and built-in kitchen appliances shall, remain the property of
City.
4. Operational Hours. The hours of use by PPSC of the
premises .,shall be 9:00 a.m. to 5:00' p.m. Monday through Friday and
10:00 a.m.. to 4:00p.m. on Saturday and. Sunday.
If PPSC desires to utilize the , premises, at any other time,
PPSC shall provide to City a written request thirty (30) days prior to
the requested date of use. City shall approve or decline said request
within fifteen (15) days of receipt. of PPSC's request.
If City desires to utilize the premises during PPSC's hours of
operation,, City shall provide to PPSC a written request thirty (30)
days prior to the requested' date of use. PPSC shall approve or decline
said request. within fifteen (15) days. _
5. Use by.'PPSC. The use of. the premises shall be limited to
senior program activities and nutrition program activities mutually
agreed to by City and PPSC.
6. Use by City. During the hours of non -operation by PPSC,
City may utilize the premises for City programs or rentals, etc.., or for
any use which City deems appropriate. The - City's revenue from site
rentals during hours of non -operation by PPSC is and shall remain the
property of City..
7'. Equipment. PPSC shall provide all equipment necessary for
its program; ,i.e.. , dishes, coffee pots, paper products, tables, chairs,
cleaning supplies, brooms, mops, cleansers, etc. City's dishware or
supplies are not 'to be used by PPSC. In instances wherein City
utilizes `the premises, City shall not use PPSC's equipment, with the
exception of tables and chairs.
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8.. Utilities,, Fixtures,, Etc., .'PPSC shall be responsible for
payment of utilities 'attributed to its use PPSC shall install and
maintain a ,separate• telephone line and shall be responsib,le for all costs
and expenses associated therewith. City shall not be permitted use of
said telephone line.
9. Entry and Inspection. PPSC shall permit City, its agents
and/or employees to enter the premises at reasonable times during the
PP'SC's 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.
101. Sublease or Assignment. PPSC shall not assign its rights
under this Agreement without the prior written consent of City.
11.. Alterations, Etc. PPSC shall not make any material
alterations, install any fixtures, or make any additions or improvements
to the premises without the prior written consent .'of City.
12. Maintenance of, Premises. City and PPSC shall maintain in a
clean condition all the rooms which they use at the conclusion of their
respective use,, i.e., clean .counter tops,- sweep and mop floors, take
trash to' dumpster, etc. Each party shall pay for their own custodial
fees or contract maintenance service necessary to maintain the leased
portion of. the Senior Center. PPSC shall reimburse City for mainte-
nance .or custodial costs in the event City incurs those costs due to
PPS'C's use,. Lessee shall maintain the interior at the physical plant in
working order. Lessor shall maintain the exterior of the building.
13. .Compliance. PPSC agreesto fully comply with all local, city,
state and federal laws, re-gulations and ordinances governing use of the
premises .
14. 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 judgments, including attorneys' fees and expert, witness fees,
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arising out .of .or 'in connection' with PPS.C''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 judgments, including
attorneys' fees and expert witness fees, arising out of or in connection
with City's operation and/or use of the premises:.
15.. Insurance PPSC 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 PPSC's use of the premises. The cost .of such
insurance shall be; borne by PPSC and shall in the amount of no less
than One million dollars ($1.,000,000.,00)`.
PPSC shall provide the City, with a Certificate �of Insurance,
which Certificate of Insurance shall name the City of Petaluma. as an
additional insured..
16. Attorneys' Fees. In the event either party hereto shall
commence any legal action arising out of this Agreement or the perfor-
mance 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 w-hen deposited in any post office or any ' post office box regularly
maintained by- 'the 'United. States Government.
Notice shall 1�e .given ;as follows
City: City Clerk
City of Petaluma
Pos • Office Box 61
Petaluma, California 94953
PPSC: Petaluma People Services Center
1321 Commerce Street
Petaluma, California 94954 .
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This A<greement 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 Petaluma People Services Center
By By
City Manager Name and Title
Director of Parks do Recreation .
City Attorney
Finance Director
Risk Manager
ATTEST:
City. Clerk
PPs;c
AGR;MT:4
2/27/`91
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