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HomeMy WebLinkAboutReso 94-215 - Authorize the Mayor to execute the approval of Sublease of Office Ste B in Bldg C at Diestelhorst Landing Office Park with Shasta County Child Abuse Prevention Coordinating Council & Northern Calif Council of Camp Fire I RESOLUTION NO. IJ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING AUTHORIZING THE MAYOR TO EXECUTE THE APPROVAL OF SUBLEASE OF OFFICE SUITE B IN BUILDING C AT DIESTELHORST LANDING OFFICE PARK WITH THE SHASTA COUNTY CHILD ABUSE PREVENTION COORDINATING COUNCIL AND THE NORTHERN CALIFORNIA COUNCIL OF CAMP FIRE. /T /S HEREBY RESOLVED that the City Council of the City of Redding hereby approves the above-mentioned Sublease Agreement, to be effective midnight, August 14, 1994. BE /T FURTHER RESOLVED that the Mayor of the City of Redding is hereby authorized and directed to sign the City's Consent to said Sublease in the form attached hereto and incorporated herein by reference; and the City Clerk is hereby authorized and directed to attest the signature of the Mayor and to impress the official seal of the City of Redding thereto. / HEREBY CERT/FY that the foregoing Resolution was introduced and read at a regular meeting of the City Council of the City of Redding on the 2nd day of August, 1994, and was duly adopted at said meeting by the following vote: A YES: COUNCIL MEMBERS P. Anderson r Kehoe r McGeorge{ hurray and R. Anderson NOES: COUNCIL MEMBERS None ABSENT: COUNCIL MEMBERS None ABSTAIN. COUNCIL MEMBERS None ReStAT 6. ANDERSON, Mayor ATTEST: CONNIE STROHMAYER, City Clerk FORM APPROVED: z RANDALL A. HAYS, ity Attorney r. Cy\9 V G 1 LESSOR'S APPROVAL OF SUBLEASE The CITY OF REDDING, hereinafter designated LESSOR, is the owner of the real property located at 2080 Benton Drive, Redding, California (the "Premises"). LESSOR hereby consents to the subletting of a certain portion of the Premises to Northern California Council of Camp Fire upon the stated terms and conditions in the Sublease Agreement attached hereto for a period of time not to exceed the term specified in the Lease Agreement dated September 15, 1992 ("Lease Documents") entered into by the CITY OF REDDING to which the Premises are subject. LESSOR'S consent to this Sublease shall in no way release Shasta County Child Abuse Prevention Coordinating Council (SCCAPCC) from liability under the Lease Documents and the LESSOR shall have all rights against SCCAPCC in the event of a default under the Lease Documents as LESSOR would have had in the event LESSOR had not consented to this Sublease Agreement. IN WITNESS WHEREOF, LESSOR has executed this Approval of Sublease this day of August, 1994. LESSOR - CITY OF REDDING By: ROBERT C. ANDERSON, Mayor ATTEST: By: CONNIE STROHMAYER, City Clerk FORM APPROVED: By: RANDALL A. HAYS, City Attorney SUBLEASE AGREEMENT This Sublease Agreement is made and entered into this day of 1994, by and between SHASTA COUNTY CHILD ABUSE PREVENTION COORDINATING COUNCIL, hereinafter referred to as "Sublessor," having an address of 2280 Benton Drive, Building C, Suite B, Redding, CA 96001, and the NORTHERN CALIFORNIA COUNCIL OF CAMP FIRE, hereinafter referred to as "Sublessee." RECITALS WHEREAS, Sublessor is the lessee of certain real property by assignment of that certain Lease Agreement dated September 15, 1992, entered into by the City of Redding for the purposes of providing office space for Sublessor to carry on its non- profit charitable activities; and WHEREAS, Sublessor desires to sublease certain of the above-referenced real property, hereinafter referred to as the Premises and further described below to Sublessee pursuant to the terms and conditions hereinafter set forth, and WHEREAS, Sublessee desires to sublease the Premises from Sublessor upon the terms and conditions hereinafter set forth; and WHEREAS, Sublessor and Sublessee intend to obtain the prior written approval of the City of Redding, which is required pursuant to the Lease Agreement. NOW THEREFORE, in consideration of the forgoing premises and the mutual covenants and conditions contained herein, the parties hereto do hereby agree as follows: 1. Premises. Sublessor hereby leases to Sublessee and Sublessee hereby agrees to lease from Sublessor, the following: a portion of the office space located within Suite B, Building C at 2280 Benton Drive, Redding, California (hereinafter referred to as the "Premises"). 2. Term of Sublease Agreement. This Sublease Agreement shall be for a term of twelve (12) months, commencing on August 15, 1994 and ending on August 14, 1995. This Sublease Agreement shall continue in full force and effect until the 14th day of August, 1995, and thereafter from year-to-year on an automatic renewal basis, unless written notice of any change in the terms hereof or of termination shall be given by either party ninety (90) days prior to said change or termination. 3. Rent. Sublessee agrees to pay to Sublessor, on or before the first day of each month during the term of this Sublease Agreement, an amount mutually agreed upon 0 0 Sublease Agreement SCCAPCC/Northern California Council of Camp Fire Page 2 between the parties. Sublessee shall pay rent at the office of Sublessor at 2080 Benton Drive, Suite B, Building C, Redding, California, or at any other place or places as Sublessor may from time to time designate. 4. Permitted Use. During the term of this Sublease Agreement, the Premises shall be used for the normal and customary charitable and non-profit activities of Sublessee and for no other purpose. Specifically, no political and/or religious activities or uses shall be permitted on the Premises. In addition, no overnight lodging for any reason whatsoever shall be permitted on the Premises. In connection with the normal and customary non-profit activities of Sublessee, it is agreed that Sublessee confine its use during the term of this Sublease Agreement to the daylight hours of Monday through Friday of each week, one evening per week and one Saturday per month, although other occasional evening or weekend use shall not constitute a breach of this Sublease Agreement. It is the intent of this Sublease Agreement that the usage of the Premises shall be confined to office functions only, and shall not include entertainment, lodging, retail, food, or beverage services, even if such activities are a customary activity of Sublessee. Provided, however, that the periodic sale of educational material necessary for the activities of the Sublessee shall be allowed. 5. Compliance with Law. Sublessee shall comply with all statutes, laws ordinances, regulations, orders, judgments, decrees, directions, and requirements of governmental entities, including, but not limited to, federal, state, county and municipal laws relating to Sublessee's use and occupancy of the Premises, whether or not such statues, laws, ordinances, regulation, orders, judgements, decrees, directions, and requirements are now in force or are subsequently enacted. The judgement of any Court of competent jurisdiction or the admission of the Sublessee in any action or proceeding against Sublessee shall be conclusive ground for termination of this Sublease Agreement. 6. Alterations and Repairs; Maintenance. Sublessee accepts the Premises in its present condition and stipulates with the Sublessor that the Premises are in good, clean safe condition as of the date of this Sublease Agreement. Except as otherwise expressly provided herein, Sublessee shall, at its cost and expense, keep and maintain all portions of the Premises in good order and repair and in as safe and clean a condition as they were when received by Sublessee from Sublessor. , Sublease Agreement SCCAPCC/Northern California Council of Camp Fire Page 3 Sublessee shall not make or permit any other person to make any alterations, decorations, additions, or improvements, structural or otherwise, in or to the Premises or the building without the prior written consent of Sublessor and the City of Redding. Sublessee shall keep the Premises free and clear from any and all liens, claims and demands for work performed, materials furnished or operations conducted on the Premises. Sublessor or its agents, as well as the City of Redding or its agents, shall, during normal business hours, have the right to go upon and inspect the ground area and improvements hereby subleased and any and every structure or improvement erected or constructed or in the course of being erected or constructed, repaired, added to, rebuilt, or restored thereon. 7. Signs. Sublessee may place a sign on the Premises, subject in every respect to the prior approval of the Sublessor and the conditions listed in Article XII of the Lease Agreement dated September 15, 1992, as amended. 8. Property of Sublessee. Fixtures, equipment, and personal property of Sublessee shall be removed by same within ten (10) days after termination or earlier cancellation of this Sublease Agreement; provided however, that any fixtures which cannot be removed without damaging said Premises shall become the property of the City of Redding. 9. Hold Harmless; Insurance. This Sublease Agreement is granted upon the express condition that the City of Redding, its officer, agents, and employees, shall be free from any and all liability and claims for damages for personal injury, death, or property damage in any way connected with Sublessee's use of the Premises, including claims of Sublessee, it's officers, agents, employees, members, or invitees. Sublessee shall indemnify and save harmless the City of Redding, its officers, agents and employees, from any and all liability, loss, cost, or obligation on account of or arising out of any such injury, death, or loss caused by the negligence or other legal fault of Sublessee or its officers, agents, employees, members, or invitees. Sublessee shall procure and maintain form a company authorized to do business in the State of California, at Sublessee's sole cost and expense and at all times during the term of this Sublease Agreement, a policy of commercial general liability insurance in the amount of One Million and 00/100 Dollars ($1,000,000.00) combined single limits. Said insurance shall be in form and content sufficient and adequate to save the City of Redding, its officers, agents, and employees, harmless from any and all claims arising out of the use of said Sublease Agreement SCCAPCC/Northern California Council of Camp Fire Page 4 Premises. Prior to Sublessee occupying the Premises, a Certificate evidencing such insurance shall be approved by the Risk Manager of the City of Redding and filed with him, naming the City of Redding, its officers, agents, and employees, as additional insureds and guaranteeing at least ten (10) days advance notice to the City of Redding, in writing, before any cancellation or reduction of such insurance coverage. Insurance requirements will be reevaluated by the City of Redding Risk Manager on an annual basis. In addition, Sublessee shall procure and maintain from any company authorized to do business in the State of California, at Sublessee's sole cost and expense and at all times during the term of this Sublease Agreement, a policy of property insurance covering all risks of loss to any tenant improvement or betterment at full replacement cost with no co-insurance penalty provision, with the City of Redding named as loss payee. Sublessee shall furnish to the Risk Manager of the City of Redding, to be approved by him prior to occupancy of Premises hereof, a Certificate of Insurance showing that this insurance coverage is in effect. The Certificate shall guarantee the City of Redding at least ten (10) days' written notice of cancellation or reduction in coverage. It is further understood and agreed as a condition of this Sublease Agreement that should Sublessee hire an employee or employees, Sublessee will provide workers' compensation insurance on its employees as required by the Labor Code, and shall furnish the City of Redding Risk Manager with a Certificate evidencing such insurance. To obtain an exemption from this requirement should Sublessee have no employees, Sublessee shall provide the Risk Manager of the City of Redding with a letter stating that it is not employing any person or persons in any manner so as to become subject to the workers' compensation laws of California; provided, however, that should Sublessee later become subject to the workers' compensation provisions of the Labor Code, it will forthwith comply with the insurance requirements set forth above. 10. Assignment or Subletting. Sublessee shall not assign this Sublease Agreement or any interest therein, and shall not sub-sublet the Premises or any part thereof, nor any right or privilege pertinent thereto, nor suffer any other person to occupy or use said Premises, or any portion thereof, without the written consent of the City of Redding first had and obtained. 11. Cancellation. Sublessor and Sublessee shall each have the right to terminate this Sublease Agreement on ninety (90) days prior written notice. Sublease Agreement SCCAPCC/Northern California Council of Camp Fire Page 5 12. Surrender. At the termination of this Sublease Agreement by lapse of time or otherwise, Sublessee shall surrender possession of the Premises to Sublessor in as good a condition as when Sublessee originally took possession, excluding reasonable wear and tear from normal use. 13. Remedies for Default. In the event of any default by Sublessee, in addition to any other remedies available to Sublessor at law or in equity, Sublessor shall have the right to immediately terminate this Sublease Agreement and all rights of Sublessee hereunder, by giving thirty (30) days written notice of the termination. Sublessor's rights and remedies in the event of a default shall be cumulative and in addition to all remedies or rights hereafter allowed by law. 14. Settlement of Disputes. It is hereby agreed by Sublessor and Sublessee that in cases of unresolved disputes between the occupants of the Premises which involve the Premises, such dispute shall be referred to the City Manager of the City of Redding, whose decision thereon shall be final. 15. Invalid Provisions. In the event any covenant, condition, or provision herein contained is held invalid by any Court of competent jurisdiction, the invalidity of the same shall in no way affect any other covenant, condition, or provision herein contained, provided that the validity of any such covenant, condition, or provision does not materially prejudice either Sublessor or Sublessee in their respective rights and obligations contained in the valid covenants, conditions, and provisions of this Sublease Agreement. 16. Notice. Any notice or demand that may be given by any party hereunder, including notice of default and notice of termination, shall be deemed to have been fully and properly given when made in writing, enclosed in a sealed envelope, and depos- ited in the United States Post Office with postage prepaid, certified mail, addressed as follows: To Sublessor c/o Shasta County Child Abuse Prevention Coordinating Council, P.O. Box 494536, Redding, California 96049; and to Sublessee c/o Northern California Council of Camp Fire, 3015 J Street, Eureka, California 95501 . Sublease Agreement SCCAPCC/Northern California Council of Camp Fire Page 6 17. Attorney's Fees. In case suit or action is instituted to enforce any of the provisions of this Sublease Agreement, the prevailing party therein shall be entitled to attorney's fees and other sums as may be adjudged reasonable and necessary at trial and on appeal. 18. Binding on Successors. All terms, covenants, and conditions herein contained shall extend to and bind the successors and assigns of the respective parties hereto. 19. Entire Agreement. This Sublease Agreement sets forth the entire agreement between the parties hereto with respect to the Premises and correctly sets forth the obligations of the parties to each other as of the Commencement Date. Any prior agreements or representations with respect to the Premises are hereafter null and void. Modifications or additions to this Sublease Agreement shall be considered valid only when mutually agreed upon by the parties in writing. 20. Other Documents. Sublessee agrees to abide by the terms and conditions of the Lease Agreement dated September 15, 1992, as amended, a true copy of which is attached hereto and made a part hereof, to the extent applicable to this Sublease Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Sublease Agreement on the date and year set forth above. SHASTA COUNTY CHILD ABUSE PREVENTION COORDINATING COUNCIL By: MARJ SIPPEL, Executive Director NORTHERN CALIFORNIA COUNCIL OF CAMP FIRE By: ANN M. BOLICK, Executive Director Sublease Agreement SCCAPCC/Northern California Council of Camp Fire Page 7 STATE OF CALIFORNIA ) 1 ss. COUNTY OF SHASTA ) On this, the day of 19 before me, the undersigned Notary Public, personally appeared Marj Sippel, personally known to me, or proved to me on the basis of satisfactory evidence to be the person whose names are subscribed to the within instruments, and acknowledged to me that she executed the same in her authorized capacities, and that by her signatures on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public STATE OF CALIFORNIA ) 1 ss. COUNTY OF SHASTA ) On this, the day of 19 before me, , the undersigned Notary Public, personally appeared , personally known to me, or proved to me on the basis of satisfactory evidence to be the person whose names are subscribed to the within instruments, and acknowledged to me that she executed the same in her authorized capacities, and that by her signatures on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public