HomeMy WebLinkAboutREBUILDING TOGETHER O.C. 1 - 2003AGREEMENT TERMINATION
2020 FEB —6 PN L� 23
Please complete this form when the attached agreement is no longer in effect.
CITY 0; SANTA ANA
Return form to the Deputy Clerk of the Council (M-30). Call 647 etrogy@fr lLtefjNMauestions.
The agreement with
No. a- ejQnj- Oi%Q.a was completed on L-1 L,�rj 120:Q
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and final payment has been made.
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Department:
Signature:
Date:
City of Santa Ana
Revised 08-28-06 Clerk of the Council
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LEASE AGREEMENT BETWEEN THE CITY OF SANTA ANA
AND REBUILDING TOGETHER ORANGE COUNTY
1. PARTIES
This Lease, dated Å,¿JLlfI}- ¿, ~ , 2003, is made and entered by and between the City
of Santa Ana, a chart{;cit~ and municipal corporation duly organized and existing under
the Constitution and laws ofthe state of California ("Landlord") and Rebuilding Together
Orange County, a non-profit organization ("Tenant").
2. PREMISES
Landlord does hereby lease to Tenant, and Tenant hereby leases fÌom Landlord that
certain office and storage space ("Premises") being agreed, for purpose of this Lease,
situated within that certain building known as Cypress Senior Center, 625 S. Cypress St.
a facility owned and operated by Landlord in the city of Santa Ana 92701 ("Property").
3. TERM OF LEASE
The term of this Lease shall be for one (I) year, commencing on the first (1st) day of
October, 2003, and ending on the thirtieth (30th) day of September 2004.
4. RENT
Tenant agrees to pay to Landlord as rental, the sum of Five Hundred Dollars ($500.00),
on or before the fifth day of the first full calendar month ofthe term hereof and like sum
on or before the first day of each and every successive calendar month thereafter during
the term hereof. Rent for any period during the rental term which is less than one (1)
month shall be a prorated portion ofthe monthly installment herein, based upon a thirty
(30) day month.
5. USE
Tenant shall use the Premises for general office purposes with limited storage of
construction materials as provided, and shall not use or permit the Premises to be used for
any other purpose without the prior written consent of Landlord. Tenant shall not store
any materials that are considered hazardous including but not limited to chemicals,
flammable materials, toxic materials etc. In addition, no modifications or improvements
shall be made to Premises without prior written consent of Landlord.
Tenant shall be entitled to access and use offacilities located on and within the Property
Monday through Friday, 8:00 a.m. to 9:00 p.m. and Saturday and Sunday, 8:00 a.m. to
7:00 p.m. In addition, Tenant shall make accommodations for the use of the facility by
other Landlord approved organizations as well as landlord. Tenant agrees that Premises
in unfurnished. Tenant shall provide all furniture, equipment and supplies. Tenant shall
not do or permit anything to be done in or about the Premises which will in any way
obstruct or interfere with the rights of other tenants or occupants of the Property, or injure
or annoy them, or use or allow the Premises to be used for any improper, immoral
un1 awful, or objectionable purpose. Tenant shall not cause, maintain or permit any
nuisance in, on, or about the Premises.
Tenant shall not do or permit anything to be done in or about the Premises, nor bring or
keep anything therein which will in any way increase the existing rate of, or affect any
fire or other insurance upon the building or any of its contents.
6. COMPLIANCE WITH LAW
Tenant shall not use the Premises, or permit anything to be done in or about the Premises,
which will in any way conflict with any law, statute, ordinance, or governmental rule or
regulation now in force, or which may hereafter be enacted or promulgated. Tenant shall,
at its sole cost and expense, promptly comply with all laws, statutes, ordinances, and
governmental rules, regulations, or requirements now in force or relating to, or affecting
the condition, use, or occupancy of the Premises, excluding structural changes not related
to or affected by Tenant's improvements or acts.
7. REPAIRS
Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof
in good condition and repair, damage thereto from causes beyond the reasonable control
of Tenant and ordinary wear and tear excepted. Tenant shall upon the expiration or
sooner termination of this Lease, surrender the Premises to the Landlord in good
condition, ordinary wear and tear and damage from causes beyond the reasonable control
of Tenant excepted.
Not withstanding the provisions contained herein, Tenat shall repair and maintain the
structural portions of the Property, including the basic plumbing, air conditioning, heating
and electrical systems, installed or furnished by Landlord, unless such maintenance and
repairs are caused in whole or in part by the act, neglect, fault or omission of any duty by
the Landlord or its agents, employees or invitees, in which case Landlord shall pay to
Tenant the reasonable cost of such maintenance and repairs.
8. ASSIGNMENT AND SUBLETTING
Tenant shall not, either voluntarily or by operation oflaw, assign, transfer, mortgage,
pledge, or encumber this lease or any interest therein, and shall not sublet said Premises
or any part thereof, or any right or privilege appurtenant thereto, or allow any other
person (the employees, agents, servants, and invitees of Tenant excepted) to occupy or
use said Premises, or any portion thereof, without the prior written consent ofthe
Landlord.
9. HOLD HARMLESS
Tenant shall indemnify Landlord against all claims, damages, losses, costs, liabilities and
expenses, arising from Tenant's use ofthe Premises for the conduct of its business, or
from any activity, work, or other thing done, permitted, or suffered by the Tenant in or
about the building, and shall further indemnify and hold harmless Landlord against and
from any and all claims arising from any breach or default in the performance or any
obligation on Tenant's part to be performed under the terms ofthis lease, or arising from
2
any act or negligence of the Tenant, or any officer, agent, employee, guest, or invitee of
Tenant, and from and against all costs, attorney's fees, expenses and liabilities incurred
by any such claim or any action or proceeding brought thereon and, in any case, action,
or proceeding brought against Landlord by reason of any such claim.
Landlord or its agents shall not be liable for any damage to property entrusted to
employees of the building, nor for loss or damage to any property by theft or otherwise,
nor for any injury to or damage to persons or property resulting from fire, explosion,
falling plaster, steam, gas, electricity, water, or rain which may leak from any part of the
building or from the pipes, appliances, or plumbing works therein or from the roof of any
structure on the Property, or from any other place resulting from dampness or any other
cause whatsoever, unless caused by or due to negligence of Landlord, its agents, servants
or employees for failing to repair such condition(s) within a reasonable time after written
notice ofthe need for such repair is given to Landlord by Tenant.
Tenant shall give prompt notice to Landlord with respect to any defects, fire or accidents
observed by Tenant on the Premises, or on the Property, or of defects therein, or in the
fixtures or equipment.
10. SUBROGATION
As long as their respective insurers so permit, Landlord and Tenant hereby mutually
waive their respective rights of recovery against each other for any loss insured by fire,
extended coverage and other property insurance policies existing for the benefit of the
respective parties. Each party shall obtain any special endorsements, if required by their
insurer to evidence compliance with the aforementioned waiver.
11. SERVICES AND UTILITIES
Landlord agrees to furnish to the Premises, on all days as set forth in Section 5, subject to
the rules and regulations of the Property, water and electricity suitable for the intended
use of the Premises, heat, ventilation and air conditioning required for the comfortable
use and occupation of the Premises, including janitorial services.
12. RULES AND REGULATIONS
Tenant shall faithfully observe and comply with the rules and regulations that Landlord
shall from time to time promulgate. Landlord reserves the right from time to time to make
all reasonable modifications to said rules. The additions and modifications to those rules
shall be binding upon Tenant upon delivery of a copy of them to Tenant.
13. ENTRY BY LANDLORD
Landlord reserves and shall at any and all times have the right to enter the Premises, with
reasonable notice to Tenant, for the purposes of inspection, and any other service to be
provided by Landlord to Tenant hereunder, and to alter, improve, or repair the Premises,
providing that the business of the Tenant shall not be interfered with unreasonably.
14. RECONSTRUCTION
3
In the event that the Premises or the building of which the Premises are a part are
damaged by fire or other perils covered by extended coverage insurance, Landlord agrees
to forthwith repair the same; and this Lease shall remain in full force and effect, except
that Tenant shall be entitled to a proportionate reduction, to be based upon the extent to
which the making of such repair shall materially interfere with the business carried on by
the Tenant in the Premises.
In the event that the Premises or the building of which the Premises are a part are
damaged as a result of any cause other than the perils covered by fire and extended
coverage insurance, then Landlord shall repair the same, provided the extent of the
destruction be less than ten percent (10%) of the then full replacement cost of the
Premises or the building of which the Premises are a part. In the event the destruction of
the Premises or the building is greater than ten percent (10%) ofthe full replacement cost,
then Landlord shall have the option: (1) to repair or restore such damage, this Lease
continuing in full force and effect, but the rent to be proportionately reduced as
hereinabove in this article provided; or (2) give notice to Tenant within sixty days (60) of
the damage, at which time this Lease shall expire and all interests ofthe Tenant in the
Premises shall terminate on the date so specified in such notice and the rent, reduced by a
proportionate amount based upon the extent, if any, to which such damage materially
interfered with the business carried on by the Tenant in the Premises, shall be paid up to
the date of such termination.
The Tenant shall not be entitled to any compensation or damages from Landlord for loss
ofthe use of the whole or any part ofthe Premises, Tenant's personal property, or any
inconvenience or annoyance occasioned by such damage, repair, reconstruction, or
restoration.
15.
LIABILITY INSURANCE.
Tenant at its sole cost and expense shall maintain during the term of this Lease
public liability and property damage insurance with a single combined liability limit of five
hundred thousand ($500 000.00) dollars and property damage limits of not less than one
hundred thousand ($100 000.00) dollars, insuring against all liability of Tenant and its
authorized representatives arising out of and in connection with Tenant's use or occupancy
of the Premises. Both public liability insurance and property damage insurance shall insure
performance by Tenant of the indemnity provisions in Sub-paragraph (d) below, but the
limits of such insurance shall not, however, limit the liability of Tenant hereunder. Both
Landlord and Tenant shall be named as additional insureds and the policies shall contain
cross-liability endorsements. If Tenant shall fail to procure and maintain such insurance,
the Landlord may but shall not be required to procure and maintain same at the expense of
Tenant and the cost thereof together with interest thereon at the rate of ten (10%) percent
per annum shall become due and payable as additional rental to Landlord together with
Tenant s next rental installment.
16. DEFAULT, REMEDIES.
A. Default. The occurrence of anyone or more of the following events shall constitute a
default under this Lease by Tenant:
4
1. Non-curable defaults:
a) The vacating or abandonment of the Premises by Tenant.
b) Any attempted or involuntary transfer of Tenant's interest in this Lease without
Landlord's prior consent.
c) If Tenant makes, or has made, or furnishes any warranty, representation or statement
to Landlord in connection with the Lease which is or was false or misleading in any
material respect when made or furnished.
2. Curable defaults:
a) The failure by Tenant to make any payment of rent or any other payment required to
be made by Tenant hereunder, as and when due, where such failure shall continue for
a period of three (3) days after written notice thereof by Landlord to Tenant, this
Lease shall be terminable at Owner's option.
b) The failure by Tenant to observe or perform any of the covenants, conditions, or
provisions of this Lease to be observed or performed by the Tenant, where such
failure shall continue for a period ofthirty (30) days after written notice thereofby
Landlord to Tenant; provided; however, that if the nature of Tenant's default is such
that more than thirty (30) days was reasonably required for its cure, then Tenant shall
not be deemed to be in default if Tenant commences such cure within said thirty (30)
day period, and thereafter diligently prosecutes such cure to completion.
B. Remedies.
In the event of any non-curable default or breach by Tenant, Landlord shall have the right
to terminate this Lease and Tenant's right to possession of the Premises, and Tenant shall
immediately surrender possession of the Premises to Landlord. If Landlord terminates
this Lease and Tenant's right to possession for the Premises, Landlord may recover the
following from Tenant:
a) The worth at the time of award of the unpaid rent which was due, owing and unpaid
by Tenant to Owner at the time of termination;
b) The worth at the time of the award of the amount by which the unpaid rent for the
balance of the Lease term after the time of award exceeds the amount of rental loss
which Tenant proves could be reasonably avoided;
c) Pursuing any other remedies now or hereafter available to Landlord under the laws or
any judicial decision of the state in which the Premises are located.
17.
PARKING
There are no parking facilities provided as a part of this agreement.
18. GENERAL PROVISIONS
Waiver. The waiver by Landlord of any term, covenant or condition herein contained
shall not be deemed to be a waiver of such term, covenant, or condition on any
subsequent breach of the same or any other term, covenant, or condition herein contained.
5
. .
The subsequent acceptance of rent hereunder by Landlord shall not be deemed to be a
waiver of any preceding breach by Tenant of any term, covenant, or condition of this
lease, other than the failure of the Tenant to pay the particular rental so accepted,
regardless of Landlord's knowledge of such preceding breach at the time of the
acceptance of such rent.
Time. Time is of the essence of this Lease, and each and all of its provisions in which
performance is a factor.
Successors and Assigns. The covenants and conditions herein contained, subject to the
provisions as to assignment, apply to and bind the heirs, successors, executors,
administrators, and assigns of the parties hereto.
Quiet Possession. Upon Tenant paying the rent reserved hereunder, and observing and
performing all of the covenants, conditions, and provisions on Tenant's part to be
observed and performed hereunder, Tenant shall have quiet possession of the Premises
for the entire term hereof, subject to all the provisions of this Lease.
Prior Agreements. This Lease contains all of the agreements of the parties hereto with
respect to any matter covered or mentioned in this Lease, and no prior agreements or
understanding pertaining to any such matters shall be effective for any purpose; no
provision of this lease may be amended or added to except by an agreement in writing
signed by the parties hereto or their respective successors-in-interest. This Lease shall not
be effective or binding on any party until fully executed by both parties hereto.
Inability to Perform. This Lease and the obligations of the Tenant hereunder shall not be
affected or impaired because the Landlord is unable to fulfill any of its obligations
hereunder, or is delayed on doing so, if such inability or delay is caused by reason of
strike, labor troubles, acts of God, or any other cause beyond the reasonable control of the
Landlord.
Severability. Any provision of this lease which shall prove to be invalid, void, or illegal
shall in no way affect, impair, or invalidate any other provision hereof, and such other
provision shall remain in full force and effect.
Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but
shall, wherever possible, be cumulative with all other remedies at law or in equity.
Choice of Law. This Lease shall be governed by the laws of the state of California, with
venue in the courts of Orange County.
18. Notices. All such notices and demands which mayor are to be required or permitted
to be given by either party to the other hereunder shall be in writing. All notices and
demands sent by either party shall be sent by United States Postal Service, postage
prepaid, addressed as follows:
1/1
1/1
1/1
6
. .
- .
To Landlord--
To Tenant--
City of Santa Ana -Parks and Recreation
And Community Services Agency
Santa Ana, CA 92701
Rebuilding Together Orange County
P.O. Box 51088
Irvine, CA 92619
ATTN: Executive Director of the Parks
Recreation and Community Services Agency
ATTN: Executive Director of
Rebuilding Together Orange County
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and
year first above written.
ATTEST:
CITY OF SANTA ANA
l /:;;}:&¡ ~L)~
.)¡-1'f Clerk of the Council
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ðavid N. Ream .
City Manager
APPROVED AS TO FORM:
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?z.\ Joseph W. Flet. er
City Attorney
RECOMMENDED FOR APPROVAL:
"Landlord"
"Tenant"
Jon~
Executive Director of the Parks, Recreation
And Community Services Agency
~.
Steve Carpenter,
Executive Director
7
FROM, :REBUILDING TOGETHER
FAX NO.
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1120 20th Str@et NW
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of washington, D.C.; Hunti
PHONE - (866) 266-7-175
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1536 16th Street NW
washington, DC 20016 USA
FAX - (866) 467-7847
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ADDITIONAL INSL'RED ENDORSEMENT
FOR COl\fMERCIAL GENER4L LIABILITY POLIÇV
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1. The City or Santa Ana, and the City of Santa Ana. located at 20 Civic
Center Plaza, Santa Ana, California 92701; and their respectivo officer.;. employees,
agents, volunteers and representatives are named as ooditionëÙ in~ureds ("additJonal
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Alla. 20 Civic Center Plaza (M.25), Santa ArJa, California 92701.
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AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
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DRETENTION
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2.
WORKERS COMPENSATION AND
EMPLOYERS'LIABILlTY
ANY PROPRIETOR I PARTNER I EXEClmVE
OFFICERlMEMBER EXCLUDED?
If yes, describe under SPECIAL PROVISIONS
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E.L. EACH ACCIDENT
E.L. DISEASE-EA EMPLOYEE
E.L. DISEASE-POLICY LIMIT
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OTHER
DESCRIPTION OF OPERATIONSJLOCATIONSNEHICLESlEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
City of Santa Ana is included as Additional Insured with respect to the General Liability policy. See Attached
Additional Insured Endorsement.
City of Santa Ana
Attn: Frank Hernandez
20 Civic Center Dr.
Community Development Agency
Santa Ana CA 92702 USA
SHOULD ANY OF TIlE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE TIIEREOF, TIlE ISSUING INSURER WILL ENDEAVOR TO MAIL
30 DAYS WRITTEN NOTICE TO TIlE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE INSURER. ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
....st..-~~~~~4M 1.( .,; !il.~
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INSURED
Rebuilding Together Orange
625 S. cypress
Santa Ana CA 92701 USA
County
CG 20 10 11 85
COMMERCIAL GENERAL LIABILITY
ADDITIONAL INSURED
CONTRACTORS (FORM B)
OWNERS, LESSEES OR
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
Name of Person or organization: City of Santa Ana
project:
(If no entry appears above, information required to complete this endorsement will be shown in
the Declarations as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization
shown in the schedule, but only with respect to the liability arising out of "your work" for
that insured by or for you.
CG 20 10 11 85
Copyright, Insurance services office, Inc., 1984
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ASSIstant City AtLGr-.cy
Certificate No :
570021672930