HomeMy WebLinkAbout81-57RESOLUTION NO. 8]-57
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF UKIAH APPROVING COUNCIL CHAMBERS LEASE
BE IT RESOLVED by the City Council of the City of Ukiah
that the within lease for the City Council Chambers between the
City as Lessor and James A. Garaventa, Norma M. Keene, Anita Cox
and Agnes Cox as Lessees is approved and the Mayor and the City
Clerk are authorized to execute the same.
PASSED AND ADOPTED this ]8th
the following roll call votes:
day of February, 1981, by
AYES: Councilmembers Riley, Feibusch, Snyder, Myers, Hickey
NOES: None
ABSENT: None ~//~
ATTEST:
/' ' t~ Cl~r~
1
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
LEASE AGREEMENT
This lease, made a~d entered .into this ]8th day of
February , 1980, between James A. Garaventa, Norma M. Keene,
Anita Cox and Agnes Cox, hereinafter called "Lessor", and the City
of Ukiah, a municipal corporation, hereinafter called "Lessees",
Lessor hereby leases, demises and lets unto Lessee,' and
Lessee hereby leases, hires and takes from Lessor those certain
premises, hereinafter called the demised premises, described a~
follows:
Building located at 111 West Church Street, in the City
of Ukiah (immediately east and adjacent' to City Hall)
This lease is made upon the following terms, covenants
and conditions to which the parties hereby agree:
Term: The term of this lease shall be for one (1) year
and shall be deemed commenced on July 1, 1980, (it being under-'
stood that City is now occupying said premises and Paying rent
under that lease agreement dated March 1, 1975).
Successive Options. Lessor hereby grants to Lessee four
(4) successive options to renew this lease f~or additional periods
of one (1) year, each upon the same terms and conditions of this
lease, with the exception of rent 'to be paid, which shall be mutu-
ally agreed upon by the parties as to each successive rental per-
iod. Lessee shall exercise each of said options by giving notice
to Lessor in writing.at least sixty (60) days prior to the expir-
ation of each successive option period. The parties will there-
upon enter into negotiations to set the rental for the successive
option period.
/
-1-
!
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
R.~n. tal. Lessee agr~ees to pay monthly rental in the
amount of Two Hundred Fifty Dollars ($250.00) by the tenth (1Qth)
day of each calendar month throughout the' term. Remittance.and
any notices shall be made to Lessor at such address as shall from
time to time be designated in writing by Lessor to Lessee.
Pu.~pose. Lessee agrees to use and occupy the premises
during the term hereof for the purpose of constructing and main-
taining a City Council Chambers and any~ other use compatible'~'¥~'~
t he rewith.
Alterations. Lessee is hereby given .permission to alte
the demised premises so that the purposes as previously set forth
may be accomplished Any additions to or alterations of said
premises shall remain the property of the Lessor and shall be.
considered as realty.
Lessee may at the end of the term of this lease and
any options thereof, remove from the demised premises
movable items such as and including chairs, tables, public
address system, desks and Council member's dais. It shall ·
not include, however, carpeting, air conditioning ~ system ·.~
or other permanent fixtures.
Repairs. Lessee, at Lessee's expense shall repair and
maintain said premises and every part thereof, including but not
limited to, all glass doors, glazing, skylights, interior walls
and floors in gOod, Safe and sanitary condition, except those
portions which Lessor agrees to maintain in this paragraph.
Lessor shall, at Lessor's expense, repair and maintain only the
exterior walls, exterior roof and cement-embedded or subsur'face
non-accessible plumbing and sidewalks of said premises.
-2-
5
6
7
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
27
28
other
party
whatsoever~
Lessor shall not be liable to Lessee
for any damage or injury caused by Lessor.'s failure to keep or
maintain said previously mentioned items unless Lessee has. .... given
Lessor, written notice of the need to repair said portions of said
premises and Lessor has failed to make said repairs within a .
·
reasonable time after receiving written notice. By entry here-
under, Lessee accepts .the premises as being in good and s.anitar~
order, condition and 'repair and agrees on the last day of said
term, or sooner termination of this lease, to surrender un'to
Lessor said premises with said appurtenances in the same condi'
as when received., reasonable wear and use thereof and damage by~
fire, act of God or by the elements excepted. ~
Indemnification. Lessor shall not be liable to ~Lessee,
its officers, agents, employees, customers, invitees or third
pa~ties fox loss or damage to property, or for injury or death .to
persons, in, on.or about the demised premises and Lessee aarees
indemnify and save Lessor harmless of and from any and all
expense, claims, demands, obligations, and liabilities,, cause or
causes of action by reason of or in connection with the condition
or state of repair or use of the demised premises or appurtenance
thereto unless Lessor has been not'ified of defect and has not,
within a reasonable time repaired same, and as a result of said
defect Lessee and/or Lessor are pursued for damages~and/or cost
whatever means.
Utilities. Lessee shall, from the time of its first
possession and throughout the term of this lease, pay for uti
of whatever kind supplied to or consumed in or on the leased
premises.
-3-
1
2
Entry_by Lessor. Lessee shall permit Lessor and his ~
agents to enter the demised premises at all reasonable times for ~
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
which the said premises are located;, to make such repairs 'to ..the
,
demised premises as Lessor is obligated or may elect to make; to
make repairs, alterations, additions or utility installat, ions .to
any other portion of the building in which the demised premises
are located; to post notices of non-responsibility for alterations
additions, repairs or utility installations; for the purpose of
pl~acing upon the property in which said premises are located any
ordinary "for sale" sign. Lessee shall permit Lessor within
sixty (60) days prior to the expiration of this Lease to place
upon the premises ordinary' "for lease" signs, and to show said
premises to prospective Lessees during reasonable business hours
Partial and Total Destruction. Lessor shall carry in-
surance on demised premises under a standard form of fire and ex-
tended coverage policy and in the event of partial destruction of
demised premises during said term from~ any cause insured~ under .~
said policy Lessor shall forthwith repair the same, provided such
repairs can be made within ninety (90) days from the date of·
such destruction, under the then applicable laws and regulations
of Federal, State, County and Municipal authorities and in the ~.
light of the extent 6f such damage and the then condition of the
labor market and availability of materials and supplies, but such
partial destruction shall in no way annul or void this lease, ex-
cept that Lessee shall be entitled to a proportionate reduction
of rent while such repairs are being made, such proportionate re-
-4-
8 any of the following purposes: To inspect the same; to show said
4 !: premises to prospective purchasers; to maintain the building in.,
!
2
3
4
5
6
7
8
9
10
11
12
1.~
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
duction to be based upon the ~xtent to which the making of such
repairs shall interfere with the business carried on by Lessee in
the said premises. In the event that the building in'which.the
demised'premises may be situated be destroyed to the extent of~'
not less than fifty percent (50%) of the replacement cost of '.Said
building, Lessor may elect to terminate this lease, whether the
demised premises be injured or not. A total destruction ~of 'the'~
building in which the' said~ premises'may be situated shall termin-
ate this lease. Anything in this paragraph to the contrary, if at
the time of any such damage there is less than two. (2) months term
remaining on this lease, then this lease may, at the option'of
Lessor, be cancelled by notice in writing to Lessee within ten
(10) days from the date of such damage.
Assignment and Subletting . Lessee shall not assign
this lease 'or any interest therein, nor lease or underlet the s.aid
premises, or any part thereof, or any right or privilege appur' ~
tenant thereto,'nor permit the occupancy or use of any Dart there-
of by any other person, without the written consent of Lessor
first had and obtained, and a consent'to,one assignment,' sublettin
occupancy or use, shall not be construed as a consent to any sub-
sequent assignment, subletting occupancy or use.
A__t~orney's Fees. If Lessor shall be made a party to '~
any litigation commenced by or against Lessee, Lessee shall pay
all costs, expenses and attorney's fees received by Lessor in con-
nection with such litigation except in the event that such liti-''
gation sh~ll determine that Lessor has committed a breach of this
lease and shall adjudicate that lessor is liable therefor. "
Notices. 'All notices to be given Lessee or Lessor may
-5-
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
be given in writing personally or by depositing the same in the
United States Mail, postage prepaid, and addressed to the parties
as may be from time to time indicated by them.
Waiver. ~The waiver by Lessor of any breach of any.term,
covenant or condition herein contained shall not be deemed tO be
a waiver of such term, covenant or condition or any subsequent_~
breach of the same or.any other term,~ covenant or condition here-
in.contained.
Termination. If a City owned facility is constructed .
or becomes available and is suitable for'the use which is made of
the demised premises, the Lessee may, upon giving Lessor one hun-
dred twenty (120) calendar days notice, terminate this~lease and
all rights and liabilities thereunder.
Successors. All the terms, covenants and conditions
hereof shall be binding upon and inure to the benefit of the heil
executors, administrators, successors and assigns of the parties
hereto, provided that nothing in this paragraph shall be deemed~
to permit any assignment, subletting, occupancy or use contrary
to any previous provision-hereof.
Laws. This lease shall be construed and enforced in.
accordance with the laws of the State of California.
/J~es A ~ara~n{a .....
Norma ~. Keen~
~a Cox
Agnes Cox
Lessor
~ity f -Riah
At tZe ~~' MaY°rl..
City Clerk
Lessee
-6-