HomeMy WebLinkAboutOrdinance 1842 N.C.S. 03/18/1991~~TIY ~ ~ ~
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ORDINANCE NO. 184 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 Bllarch , 1991, by the following
vote:
AYES : Read, Davis, Woolsey, Sobel, Nelson, Vice Mayor Cavanagh
NOES : ~
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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M ARIF- DRI V E
SITE PLAN
1
EXHIBIT B
LEASE AGREEMENT
THIS -Lease Agreement is entered. into this 4th day of
March -, .199,11, by and between -the City of Petaluma,
hereinafter referred to a~s "City" .and the Petaluma People Services
.Center, a California non-profit corporation., hereinafter referred to- as
"PPSC."
WHEREAS', PPSC desires. to fund the consaructon of an addition to
the building which :is..pr-esently known as the Lucchesi Senior Center;
and
WH:ER-E:AS, the addition will become the property of City, and City
desires to uae and to sh"are tih'at addition with PPSC; and
WHER°E'AS,, PPSC .desires to us.e the, addition for senior programs.
NOW, THEI2EFQrRE, .. in consideration of the. promises and mutual
covenants contained in his Agreement, the parties hereby agree, as
follows : ~ .
1. Premise5~. Ci-ty shall allow PPSC to use those certain. premises
as shown in Exhibit "A" Hereto at the Senior Center at Lucchesi Park,
2:,1.1 Novak Circle, Petaluma, California...
2.. _ Rent. There shall be rio rent payments required of PPSC for
the ease of this ,facility .in considerafion ,of the fact. PPSC will use their
own source of" #.unds to construct the addition and remodel the existing
portion, of the current senior center.
3.` Term,: T:he 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 onTy~by. mutual written consent of City. and PPSC. Lf, during
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the term of this Lease Agreement City ceases to make :the facility
improvements mailable as a senior center,,, the` State o£ California shall
be .entitled to recapture from the City funds equal to the State's
egntributon for- this project.. Upon the termination of ;this lease, all
fixtures and built-in kitchen appaiances 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 4:00' p.in. on Saturday and. Sunday.
If -PPSC desires to utilize the ~ ~p"remises, 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. pf PPSC's request.
If Ci't.y desires to utilize the premises during PPSG's hours of
operation,, City shall provide ~to P,PSC 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 PP$C.
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, TheCity's revenue from site
rentals during .hours of non-operation by PPSC is and shall remain the
property of~ C;ty..
. 7'. E;qupment:. PPSC hall ptirovide 'a1L equipment necessary for
its :program; :~.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 FPBG. 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,, Ete:, . ~PPSC shall 6e responsible for
payment of u'tiliti'es ~ attributed. to its use . PPSC shall install and
maintain. a ,separate• telephone line an,d shall b,e responsb,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 anal 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.
IO,. 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 wri ten, consent Hof City .
12. Maintenance of, Premises. Ci~t-y amd 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 cusaodial
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 in'cur.s .those costs due to
PPS'C's use,. Lessee steal-1 maintain the interior at the physical plant in
working order. Lessor shall maintain the exterior of the building.
13. :Compliance. PPSC agrees. to 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: shallindemnify, save, hold. harmless ..and defend PPSC,
its; off'cers,, employees and agents .from arid. 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 owrr cost amid 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 d'ohars ($1.,0'0.0,-000.,00)`.,
PPS.C shall provide the City with a Certificate 'of Insurance,
which Cer'tif'icate 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 i;ts court costs, reasonable
attorneys' fees to be fixed b,y the Court. ,.
.17. Notice;. A=11 notices required or perrntte.d by this Agreement.,.
including notice of change,of address, shall~;`be in writing and given by
• per..sonal delivery or sent. by United States mai'1, postage prepaid-, and
addressed to the parties intended to be notified.. Notice shall ~be
deemed. fo .be given "as of the date of. delivery~.in person or as of the.
, date w-hen., deposited in any post office: or amg'post office box. regularly
maintained by 'the 'Unite'd. States .Government. .
Notice shall b~e .given ;a"s follows
- City : City Clerk
.. ~~ City of Petaluma
Post• Office Box 61
Petaluma, Galfornia -94953
PPSC: Petaluma People Services Center
' ~ 1".3'21 Commerce Street
Petaluma, California 94954 .
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. Thies A<greemenf constitutes :t+he entire understanding ;be~t:ween the
parties her-eao as° of.~ its effective date .
IN WITNESS WHEREOF, ,the parties have' executed this Agreement
as of the day and -t'e'ar first above.. written .
City of Petaluma Petaluma People Services Center
By g.y
City. Manager Name and Title
_ Director of Parks do Recreation
City Attorney ~ _
Finance Director
Risk Manager
ATTEST:
City. Clerk
PPs;c
AGR;M,T:4
2/27/'91
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