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HomeMy WebLinkAboutReso. 1988-272 - Approving a rental agreement between the city of redding and the redding teen center 410 RESOLUTION NO. '‘,2 7„2_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING A RENTAL AGREEMENT BETWEEN THE CITY OF REDDING AND THE REDDING TEEN CENTER, AND AUTHORIZING THE MAYOR. TO SIGN SAME. IT IS HEREBY RESOLVED by the City Council of the City of Redding as follows : 1 . That the City Council of the City of Redding hereby approves the Rental Agreement between the City of Redding and the Redding Teen Center for office space in the "Teen Center Building, " a true copy of which is attached hereto and incorporated herein. 2 . That the Mayor of the City of Redding is hereby authorized and directed to sign said Rental Agreement on behalf of the City of Redding, 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 on the aforesaid Agreement, when appropriate. I HEREBY CERTIFY 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 , 1988 , and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Buffum, Dahl , Fulton, & Johannessen NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Carter ABSTAIN: COUNCIL MEMBERS: None r. K / MAURICE JOHANNESSEN, Mayor City of Redding ATTEST: FORM-r PROVED: ETHEL A. NICHOLS , City Clerk RA HALL A. HAYS , Ci y Attorney q� V t ir -- * 411 RENTAL AGREEMENT THIS RENTAL AGREEMENT is made and entered into this tL DZ / day of July, 1988, by and between the CITY OF REDDING a Municipal Corporation and General Law City, hereinafter referred to as "City, " and the REDDING TEEN CENTER, a Non-profit Corporation, hereinafter referred to as "Teen Center" : WITNESSET H: WHEREAS, this Agreement supersedes the Lease Agreement dated August 3, 1981 , between City and The Center; and WHEREAS, the Teen Center will retain its non-profit status, and implement a soccer program for area teenagers; and WHEREAS, City is the owner of the real property described as follows: The building (formerly occupied by The Center) located in Caldwell Park and known as 1850 Rio Drive, Redding, California 96003, to be known as the "Teen Center Building; " and WHEREAS, the Teen Center is desirous of continuing to occupy approximately 218 square feet of floor area at the southeast corner of said building and enclosing said area as an office (hereinafter referred to as "premises") in accordance with drawings to be submitted to and approved by the City Building Department, with access thereto through the remainder of the building; and WHEREAS, the premises to be occupied by the Teen Center is Ill • more particularly described in Exhibit "A' and the sketch attached hereto and incorporated herein by reference; and WHEREAS, the City Council of the City of Redding deems it to be in the best interests of the City of Redding and its citizens to enter into the following rental agreement; and WHEREAS, it has been determined that this matter is categorically exempt from the provisions of the California Environmental Quality Act. NOW, THEREFORE, IT IS AGREED between the parties hereto as follows: 1 . Term. City, for and in consideration of the covenants, conditions, and agreements herein set forth to be kept and performed by the Teen Center, does hereby let unto the Teen Center approximately 218 square feet of floor space at the southeast corner of the "Teen Center Building' located at 1850 Rio Drive, in the City of Redding, County of Shasta, State of California, as more particularly described in Exhibit "A" and the sketch attached hereto, for a term of one (1) year, commencing on the date this Agreement is approved by the City Council of City (the effective date of this Agreement) . Provided the Teen Center is not in default hereunder, and further provided that this Agreement shall not extend beyond July 30 , 2006 , this Agreement shall remain in full force and effect for one (1) year from the effective date of this Agreement, and thereafter from year-to-year (with the exception -2- •• • of the final term, which may not be a full year) on an automatic renewal basis , unless written notice of any change in the terms hereof or of termination is given by either party to the other ninety (90) days prior to said change or termination. 2 . Acceptance of Premises "As Is. " The Teen Center accepts the premises as being in good and sanitary order, condition, and repair, and agrees on the last day of the initial term of this Agreement, or of any renewal term, or upon sooner termination, to surrender unto City said premises and its appurtenances in the same condition as when received, together with the improvements outlined in paragraph 10 hereof, reasonable use and wear thereof and damage by fire, Act of God, or by the elements excepted. 3 . Rental. The Teen Center promises and agrees to pay and deliver to City as the rental for the above-described premises the sum of One Dollar ($1 . 00) per year, payable in advance, on or before the effective date of this Agreement. 4 . Use. The subject premises are to be used for office, administrative, and business operations of the Teen Center, and for no other purpose. No activities shall be conducted or carried on within the premises in violation of any ordinance, law, statute, bylaw, order, or rule of any governmental agency having jurisdiction thereover. 5 . Services to the Public. The Teen Center shall make its activities available to area teenagers without unjust -3- 411 ' discrimination, and shall refrain from imposing or levying excessively discriminatory or otherwise unreasonable rules, charges, or fees for its activities; provided, however, that the Teen Center shall have the privilege of refusing admittance to any person or persons for just cause, but not to discriminate by virtue of race, color, creed, or sex. 6 . Reversion. If, during the term of this Agreement, or any renewal thereof, the Teen Center shall for any reason discontinue its function of providing activities for area teenagers, this Agreement shall forthwith terminate, and occupancy of the premises shall revert to City for whatever use it deems appropriate. 7 . Scheduling. With the exception of the premises occupied by the Teen Center, City is responsible for and shall schedule all activities in the "Teen Center Building. " 8 . Maintenance. City shall be responsible for the maintenance, janitorial service, insurance, and utilities for the entire building, specifically excluding: (1) the cost of the Teen Center constructing its office as outlined in this Agreement; (2) any and all types of insurance on the Redding Teen Center, its officers, agents, employees, and members, and its office space and contents; and (3) the cost of installing a telephone line to the Teen Center office, and the monthly charges therefor, -4- • . • ' all of which the Teen Center covenants and agrees to pay and to hold City harmless therefrom. 9 . Access. City shall permit full and unrestricted access by the Teen Center, its employees and invitees, to and from its office space (the premises) in said building. The Teen Center agrees to accept its security responsibilities with regard to access by authorized and unauthorized persons using the herein premises at all times that the building is left open, and to keep the building locked at all times when the building is not open to the public. 10 . Improvements . The Teen Center may install interior improvements within the premises, including the construction and installation of walls and partitions, provided that the approval of City, in writing, is first had and obtained as to any such improvement or alteration. Remodeling, alteration, or improvement of said premises shall be at the Teen Center' s sole cost and expense, and all such remodeling, alteration, or improvement shall be constructed in accordance with the Building Code of the City of Redding and the laws of the State of California pertaining thereto. 11 . Mechanics ' Liens . The Teen Center shall keep the premises and the office space to be constructed thereon free from any liens arising out of any work performed, materials furnished, or obligations incurred by the Teen Center. 12 . Non-Liability by City. City shall have the right to -5- • • pest on said premises notices of non-liability under and pursuant to the laws of the State of California for any work done on said premises; and the Teen Center agrees to notify City in writing immediately that any work at any time is commenced on said premises. 13 . Waste; Quiet Conduct. The Teen Center agrees that it will not commit any waste on said premises, nor any public or private nuisance thereon. 14 . Inspection. City or its agents shall have the right, on reasonable occasions, to enter onto any part of the premises to ascertain and inspect the condition thereof. 15 . Hold Harmless. This Rental Agreement is entered into upon the express condition that City shall be free from any and all liability and claims for damages for personal injury, death, or property damage in any way connected with the Teen Center' s use of the "Teen Center Building, " which includes the herein premises, including claims of the Teen Center, its officers, agents, employees, and members. The Teen Center shall indemnify and save harmless City, its officers, agents, and employees, from anv 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 the Teen Center or its officers, agents, employees, and members . 16 . General Liability Insurance. It is understood and agreed as a condition of this Agreement that the Teen Center -6- • • shall, at its own expense, obtain and keep in full force and effect during the term of this Agreement, or any renewal thereof, comprehensive general liability insurance in the amount of $500 ,000 . 00 combined single limits , and shall name City, its officers, agents, and employees, as additional insured, and shall further contain a provision obligating the insurance carrier to notify City in writing at least ten (10) days prior to any cancellation or reduction of such insurance. A Certificate of Insurance evidencing such coverage and notice requirement shall be approved by the Risk Manager of City and filed with the City Clerk of City prior to the first usage of the "Teen Center Building" and the herein premises under this Agreement. 17 . Workers ' Compensation Coverage. it is further under- stood and agreed as a condition of this Agreement that should the Teen Center hire an employee or employees, it will provide workers ' compensation insurance on its employees, and shall furnish City with a Certificate evidencing such insurance. 18 . Liability. City and the Teen Center shall each separately insure their respective liability occasioned by the use of the "Teen Center Building. " 19 . Assignment; Underletting; Subletting. The Teen Center shall not assign this Agreement or any interest therein, nor underlet or sublet the whole or any part thereof, nor authorize or permit any person or persons to use said premises or the remainder of the "Teen Center Building" other than as herein -7- • • provided. Any purported assignment, either direct or by operation of law, or under or in pursuance of any order, judgment, decree, or process of any Court, shall be wholly void and shall, at the option of City, work a forfeiture of this Agreement. 20 . Destruction of Premises . In the event the premises or the building in which said premises are located shall be destroyed or damaged by fire, with or without the fault of City, City shall be under no obligation to restore said premises or building for the use and occupancy of the Teen Center. 21 . Removal of Property and Improvements. The Teen Center shall promptly and immediately remove its furniture, fixtures, equipment, and other personal property upon the termination of this Agreement. Any and all improvements located on the premises, whether constructed by the Teen Center or City, including wiring, walls , partitions , and floor covering, shall become the property of City and shall not be removed from the premises upon the termination of this Agreement; items which are primarily portable in character and can be removed without damage to the premises may be removed by the Teen Center upon the termination of its occupancy. 22 . Administration by City. Whenever the Teen Center is required to secure approval or consent of City under the terms of this Rental Agreement, "City" shall mean the City Manager of City, provided that, at the option of either the City Manager or -8- • 411 the Teen Center, any such question may be referred to the City Council of City, whose decision thereon shall be final . 23 . Rules and Regulations. The Teen Center shall comply with all federal, state, and local laws and ordinances applicable to the use, occupancy, improvement, alteration, or repair of the subject premises. 24 . Breach. Upon written notice from City to the Teen Center that the Teen Center is committing a material breach of any term, covenant, or condition of this Agreement, the Teen Center shall forthwith cure such breach. In the event the Teen Center has not cured such breach within thirty (30) days following the mailing of such written notice by City to the Teen Center, City shall have the right to enter upon and take over the premises and exclude the Teen Center therefrom. This right shall be in addition to any and all other rights possessed by City under the laws of the State of California . 25 . Waiver. The waiver by City 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 of any subsequent breach of the same or any other term, covenant, or condition herein contained. 26 . Bankruptcy. If the Teen Center should be adjudged bankrupt, either by voluntary or involuntary proceedings, or if the Teen Center should discontinue its services, or abandon or vacate said premises, or make an assignment for the benefit of -9- • • creditors, or if said premises should come into possession and control of any trustee in bankruptcy, or if any receiver should be appointed in any action or proceeding with power to take charge, possession, control, or care of said premises, City shall have the option to forthwith terminate this Agreement and to re-enter said premises and take possession thereof. In no event shall this Agreement be deemed an asset of the Teen Center after adjudication in bankruptcy. 27 . Termination. Either party may terminate this Agreement upon giving the other party 365 days ' advance notice thereof, in writing. 28 . Notice. Any notices or demands that may be given by either 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 deposited in the United States Post Office, certified mail, postage prepaid, addressed as follows : To City c/o City Manager, City of Redding, 760 Parkview Avenue, Redding, California 96001-3396 ; and to Redding Teen Center at 1850 Rio Drive, Redding, California 96003 . 29 . Possessory Interest Tax. The Teen Center shall be responsible for any possessory interest tax which is levied on the premises by reason of its occupancy thereof. 30 . Entire Agreement. This Agreement contains the entire agreement between the parties hereto. Any amendments hereto are -10- • III to be made in writing, approved by City Council, and signed by the parties . 31 . Successors and Assigns . The terms and conditions of this Agreement shall be binding upon the successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year set forth below. CITY OF REDDING By: K. MAURICE JOHANNESSEN, Mayor REDDING TEEN CENTER By: , :-! ' J P. Fi ck, President By: 4� • "( Dave Howland, Treasurer ATTEST: ETInf.L A. NICHOLS , City Clerk FORM APPROVED: RANDALL A. HAYS, City Attorney -11- • • EXHIBIT "A" All that portion of the "Teen Center Building" described as follows: Beginning at the SW corner of said building; thence N. 72°54 ' 34" W. , 15 . 00 feet; thence N. 17°05 ' 26" E. , 18 .00 feet; thence S. 72°54 ' 34" E. , 4 . 50 feet; thence S. 17°05 ' 26" W. , 5 . 00 feet; thence S. 72°54 ' 34" E. , 10 .50 feet; thence S . 17°05 ' 26" W. , 13. 00 feet, more or less, to the point of beginning; Containing 218 square feet, more or less. SEE ATTACHED SKETCH , . • • 11, . . . frill:ib'''''. . 1 -i Z-e"NAF.--etE.- i r --.-i or....e- . I tE? _It) - c_x-ri... -real eF.J.Yrr5Z_C \, . _ -- ,Ito-' 542 -41-" .---f,5c, '41 4 - , I --- __LI ., ,-- - -. , -.— I ---'3. • 12.54' 4-1E.3 . - 1 p.sp 1 N.1Z1544'w. ••. - - _---rt,1 i-ir o•f" E; ,41.10,111\1, - -