HomeMy WebLinkAboutCounty of Mendocino 2019-02-20 - rentalLs- V'-2
COU No. ! k 19 -(7?
RENTAL AGREEMENT
THIS RENTAL AGREEMENT is entered on , 2019, ("Effective Date") between the City
of Ukiah, a general law municipal corporation ("Re ter" or "City") and the County of Mendocino, a
general law county and political subdivision of the State of California ("Tenant" or "County").
Collectively, Renter and Tenant will be referred to in this Rental Agreement as "the parties."
RECITALS:
1. Renter owns the building located at 280 E. Standley, Ukiah, CA. ("Rented Premises"), which was
formerly Rented to the County for and was used as the offices for the County Probation Department.
2. The Probation Department has moved, and the Rented Premises has been unoccupied since.
3. There is considerable deferred maintenance in the Rented Premises. The County has inspected
the property and understands its present condition.
4. Construction planned for the County library in Ukiah will require the library staff to temporarily vacate
the building. During construction, the library staff requires office space to work, receive and make book
shipments and allow customers to come in and pick up book orders.
5. The Renter has agreed to allow the library staff to occupy the Rented Premises until the
construction at the library is substantially completed, which the parties anticipate will be approximately
one month.
AGREEMENT:
NOW, THEREFORE, in reliance upon the above -recitals and the terms of this Rental
Agreement stated below, and other good and valuable consideration the receipt and adequacy
of which is acknowledged, the parties agree as follows:
1. Rental Conferred. Renter hereby rents to Tenant, and the Tenant hereby
rents from Renter, the Rented Premises.
2. Term. The Rental shall be for a term of one month, commencing on March
6th, 2019 ("Commencement Date") and terminating on April 5th, 2019 ("Termination
Date"). If Tenant notifies Rentor not Tess than seven calendar days prior to the Termination
Date that it must extend the term of the Rental, because the library building is not ready for
occupancy by the library staff, the term of this Rental shall convert to a week -to week
tenancy, which either Party may terminate on 7 days advanced written notice to the other.
3. Rent. The Tenant shall pay no rent for the use of the Rented Premises.
4. Utilities. Renter shall provide electrical service and heat, but no other services,
including information services, and janitorial services. Tenant shall be responsible for
paying the full cost of gas, electrical service, and water, and will transport garbage and
recycling to be picked up at the Ukiah Library.
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5. Use. Tenant shall use the Rented Premises exclusively for office space for
library staff, including the staffs receiving and shipping books and for library customers to pick
up book orders. Except for picking up book orders, the Rented Premises shall be closed to the
general public and shall be used exclusively by library staff to conduct library business.
5. No representations or warranties. Tenant acknowledges that Renter has
made no representation or warranty that the Rented Premises are suitable for the Lessee's
use or are free from any defect or hazardous condition. Tenant has conducted its own
inspection of the Rented Premises and has satisfied itself that the Rented Premises are safe
for its staff and its invitees to use and accepts the Rented Premises in their AS IS, WHERE
IS, condition without any express or implied representation or warranty of any kind by Tenant
or its officers, agents or employees, including, but not limited to, warranties of fitness for a
particular purpose or of merchantability.
6. Indemnification. Tenant shall indemnify and defend Renter from and against any
claim, liability, loss or expense arising from Lessee's use and occupancy of the Rented
Premises, including, but not limited to, claims for personal injury or property damage by library
staff or invitees. The Tenant shall provide Renter and its officers, agents and employees with a
legal defense against any such claim by competent legal counsel approved by Renter, and
shall pay the costs of such defense, including, but not limited to, the fees of attorneys,
investigators, experts and consultants and all other litigation expenses.
7. Insurance Requirements. The Tenant shall procure and maintain for the duration
of this Rental insurance against claims for injuries to persons or damages to property as
required by and in accordance with Exhibit A (Insurance Requirements for Lessees) which is
attached hereto and incorporated herein by this reference.
8. Miscellaneous.
a. Binding Effect. All of the covenants, conditions, and provisions of
this Rental Agreement shall inure to the benefit of and be binding upon the parties hereto
and their respective successors and assigns.
b. Entire Agreement. This Rental Agreement constitutes the entire
contract between the parties and supersedes any prior representations, understanding or
oral or written agreements between them respecting the Lessee's use and
occupancy of the Rented Premises.
c. Modifications. This Rental Agreement may not be modified, except in
writing signed by the party against whom such modification is sought to be enforced.
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d. Severability. If any term of this Lease Agreement is found to be void or
invalid, such invalidity shall not affect the remaining terms of this Lease Agreement, which
shall continue in full force and effect. The parties shall agree that if any provisions are deemed
not enforceable, they shall be deemed modified to the extent necessary to make them
enforceable.
e. Authority. The persons who have executed this Lease Agreement
represent and warrant that they are duly authorized to execute this Lease Agreement in their
individual or representative capacities as indicated.
f. Applicable Law. This Lease Agreement shall be construed, performed
and enforced in accordance with the laws of the State of California. Any legal action filed to
interpret or enforce this agreement shall be filed and heard in the California state courts,
including the superior court for the County of Mendocino.
g. Notices. Any notice, request or demand required or permitted to be given
pursuant to this Agreement shall be in writing and shall be deemed sufficiently given if
delivered by email (with acknowledgment of receipt), messenger at the address of the intended
recipient, sent prepaid by Federal Express (or a comparable guaranteed overnight deliver
service), or deposited in the United States first class mail (registered or certified, postage
prepaid, with return receipt requested), addressed to the intended recipient at the address set
forth below or at such other address as the intended recipient may have specified by written
notice to the sender in accordance with the requirements of this paragraph. Any such notice,
request, or demand so given shall be deemed given on the day it is delivered by messenger at
the specified address, on the day after deposit with Federal Express (or a comparable
overnight delivery service), on the day that is two (2) days after deposit in the United States
mail, as the case may be, or on the day receipt is acknowledged, if delivered by email.
(1) If to Lessee:
County of Mendocino
Attention: Steve Dunnicliff
Mendocino County Administration Center
501 Low Gap Road, RM 1010
Ukiah, CA 95482
Email: ceo@mendocinocounty.org
(2) If to the Lessor;
City of Ukiah
Attention: Sage Sangiacomo, City Manager
Ukiah Civic Center
300 Seminary Ave.
Ukiah, CA 95482
Email: ssangiacomo@cityofukiah.com
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h. Waiver of Compliance. Any failure of the Tenant to comply with
any obligation, covenant, agreement or condition herein may be expressly waived by
Renter, but such waiver or failure to insist upon strict compliance with such
obligation, covenant, agreement or condition shall not operate as a waiver of, or
estoppel with respect to, any subsequent or other failure.
WHEREFORE, this Agreement, consisting of 3 pages, is effective on the Effective Date.
IN WITNESS WHEREOF, the parties hereto bind themselves to this Rental Agreement as
of the Effective Date.
Renter: CITY OF UKIAH
.,
By: _
Sage angiac o, City Manager
Tenant: COUNTY OF MENDOCINO
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By:
IN WITNESS WHEREOF
DEPARTMENT REVIEW:
DEPARTMENT HEAD DATE
Budgeted: ❑ Yes ® No
Budget Unit: LB/6110
Line Item: N/A
Grant: ❑ Yes ® No
Grant No.:N/A
CARME� J. � G 4LO, Cpief E� tive Officer
de's . , •frc
By:
PURCHASING AGENT
Date:
\a-(Ak
INSURANCE REVIEW:
By: I)
Risk Management
Date:
EXECUTIVE OFFICE/FISCAL REVIEW:
Bv:
Deputy CEO
Date: a\'60\\C1
CONTRACTOR/COMPANY NAME
By:
Date: 9 - - / y
NAME AND ADDRESS OF CONTRACTOR:
Sage Sangiacomo, City Manager
City of Ukiah
300 Seminary Ave.
Ukiah, CA 95482
By signing above, signatory warrants and
represents that he/she executed this Agreement in
his/her authorized capacity and that by his/her
signature on this Agreement, he/she or the entity
upon behalf of which he/she acted, executed this
Agreement
COUNTY COUNSEL REVIEW:
APPROVED AS TO FORM:
KATHARINE L. ELLIOTT,
County Counsel
By: G "
Deputy
Date: % ( I %'e
Signatory Authority: $0-25,000 Department; $25,001- 50,000 Purchasing Agent; $50,001+ Board of Supervisors
Exception to Bid Process Required/Completed ❑
Mendocino County Business License: Valid ❑
Exempt Pursuant to MCC Section:
Citiah
INSURANCE REQUIREMENTS FOR LESSEES
(NO AUTO RISKS)
Exhibit A
Lessee shall procure and maintain for the duration of the contract, insurance against claims for injuries to persons or damages to property which may
arise from or in connection with the Lessee's operation and use of the leased premises. The cost of such insurance shall be borne by the lessee.
I. Minimum Scope of Insurance
Coverage shall be at least as broad as:
A. Insurance Services Office Commercial General Liability coverage (Form No. CG 20 10 10 01 ).
B. Workers' Compensation insurance as required by the State of California and Employer's Liability insurance (for lessees with
employees).
C. Property insurance against all risks of loss to any tenant improvements or betterments.
41. Minimum Limits of insurance
Lessee shall maintain limits no less than:
A. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. Insurance must be written
on an occurrence basis.
B. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
C. Property Insurance: Full replacement cost with no coinsurance penalty provision.
III. Deductibles and Self -Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the insurer to reduce or eliminate
such deductibles or self-insured retentions with respect to the City, its officers, officials, employees and volunteers; or the Lessee to provide a
financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses; or
to approve the deductible without a guarantee.
Iv. REQUIRED INSURANCE PROVISIONS
Proof of General Liability policy is to contain, or be endorsed to contain, the following provisions:
A. The City, its officers, officials, employees and volunteers are to be covered as ADDITIONAL INSURED with respect to liability
arising out of ownership, maintenance or use of that part of the premises leased to the lessee.
B. The Workers' Compensation policy is to be endorsed with a waiver of subrogation. The insurance company, in its
endorsement, agrees to waive all rights of subrogation against the City, its officers. officials, employees and volunteers for losses paid
under the terms of this policy which arises from the work performed by the named insured.
C. The lessee's insurance coverage shall be primary insurance with respect to the City, its officers, officials, employees and
volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be in excess
of the Lessee's insurance and shall not contribute with it.
. D. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party,
except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given the City.
V. Rating — Acceptability of Insurers
Insurance is to be placed with admitted California insurers with a current A.M. Best's rating of no less than A- for financial strength, AA for long-term
credit rating and AMB -1 for short-term credit rating.
VII. Verification of Coverage
Lessee shall furnish the City with original certificates and amendatory endorsements affecting coverage required by this clause. The endorsements
should be on forms provided by the City. If endorsements are on forms other than the City's forms, endorsements must provide coverage that is
equivalent to or better than the forms requested by the City. All certificates and endorsements are to be received and approved by the City before
work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements
affecting the coverage required by these specifications at any time.
If you have questions regarding our insurance requirements contact: Risk Manager
(707)-463-6287 Fax (707)463-6204
Revised:1il20108
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