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HomeMy WebLinkAboutREBUILDING TOGETHER ORANGE COUNTY 2 -2007C,2,00V AGREEMENT TERMINATION 4r ,�� . C � J, .� L Please complete this form when the attached agreement is no longer in effect. Return form to the Deputy Clerk of the Council (M-30). Call 647-5237 if you have any questions. The agreement with lit and final payment has been made. Department: Signature: ILAI 4,V , Date:`CA City of Santa Ana Clerk of the Council Revised 06-14-07 INSURANCE ON FILE WORK MAY PROCEED N-2007-140 ONTIINSURANCE E PIRES CLERK OF COUNCIL nn7F: /.?,3-O7 0: PRCS C2) Carla ThjmpKo65 RESTATED LEASE AGREEMENT THIS RESTATED LEASE AGREEMENT is entered into on November 21, 2007, by and between the City of Santa Ana ("Landlord") and Rebuilding Together Orange County ("Tenant"). Recitals: A. The parties entered into Lease Agreement N-2003-077, dated August 6, 2003, (hereinafter "said Agreement") by which Tenant has leased office and storage space ("Premises") within the building known as Cypress Senior Center, 625 S. Cypress St. in the City of Santa Ana. B. The parties inadvertently allowed the Lease to expire although Tenant remains in possession of the Premises. C. The parties wish to enter into this Restated Lease Agreement in furtherance of their intent to allow the continued Lease of the Premises. Wherefore, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Restated Lease Agreement, the parties agree as follows: 1. PREMISES Landlord does hereby lease to Tenant, and Tenant hereby leases form Landlord that certain office and storage space ("Premises") being agreed, for purposes of this Lease, situated within that certain building known as Cypress Senior Center, 625 S. Cypress Street, Santa Ana, California, 92701, ("Property") a facility owned and operated by Landlord. 2. TERM OF LEASE The term of this Lease shall be one year, commencing on the first day of October, 2007 and continuing through September 30, 2008. The parties may extend the term of this Lease by mutual agreement evidenced by a writing executed by both parties. 3. RENT Tenant agrees to pay Landlord as rental, the sum of Five Hundred Fifty Dollars ($550.00) on or before the fifth day of each calendar month during the term of this Lease. Rent for any period during the rental term which is less than one (1) month shall be a prorated portion of the monthly installment herein, based upon a thirty (30) day month. 4. USE Tenant shall use the Premises for general office purposes with limited storage of construction materials as provided, as 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 the Premises without the prior written consent of Landlord. Tenant shall be entitled to access and use of facilities 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 Property by other Landlord approved organizations as well as Landlord. Tenant agrees that Premises is unfurnished. Tenant shall proved 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, unlawful or objectionable purpose. Tenant shall not cause, maintain or permit any nuisance in or about the Premises. 5. 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, 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. 6. 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 soon 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. Notwithstanding the provisions contained herein, Tenant shall repair and maintain the structural portions of the Property, including basic plumbing, air conditioning, heating and electrical systems, installed or furnished by Landlord, unless such maintenance and repairs are caused by the act, neglect or 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. 7. ASSIGNMENT AND SUBLETTING Tenant shall not, either voluntarily or by operation of law, 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 of the Landlord. 8. HOLD HARMLESS Tenant shall indemnify Landlord against all claims, damages, losses, costs, liabilities and expenses, arising from Tenant's use of the 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 of this lease, or arising from 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 of the 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. 9. 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. 10. SERVICES AND UTILITIES Landlord agrees to furnish to the Premises, on all days as set forth in Section 4, 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. 11. 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. 12. 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. 13. RECONSTRUCTION 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%) of the 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 of the 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 of the use of the whole or any part of the Premises, Tenant's personal property, or any inconvenience or annoyance occasioned by such damage, repair, reconstruction, or restoration. 14. 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. 15. DEFAULT, REMEDIES. A. Default. The occurrence of any one or more of the following events shall constitute a default under this Lease by Tenant: 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 of thirty (30) days after written notice thereof by 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. 16. PARKING There are no parking facilities provided as a part of this agreement. 17. 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. 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 notices and demands which may or 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: To Landlord -- City of Santa Ana —Parks and Recreation And Community Services Agency Santa Ana, CA 92701 ATTN: Executive Director of the Parks Recreation and Community Services Agency To Tenant -- Rebuilding Together Orange County P.O. Box 51088 Irvine, CA 92619 ATTN: Executive Director of Rebuilding Together Orange County IN WITNESS WHEREOF, the parties hereto have executed this Lease Agreement the date and year first above written. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: aura Shee y Assistant City Attorney RECOMMENDED FOR APPROVAL: Z� GERARDO MOU Executive Director o the Parks, Recreation And Community Services Agency CITY OF SANTA ANA n• DAVID N. REA City Manager REBUILDING TOGETHER ORANGE COUNTY 4'ok/ STEVE CARPENTER Executive Director DATE(MM/DD/YYYY) PRODUCES: 03/27/2007 Aon Risk Services ,Inc, of Washington, D.C./ Hunt THIS CERTIFICATE IS ISSUED ASAMATTER OFINFORMATION-ONLY 1120 20th street NW Washington DC 20036 USA AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, INSURERS AFFORDING COVERAGE NAIC4 PHONE-866) 283-7122 FAx- 847 953-5390 INSURED Rebuilding Together orange County INSURERA: Westchester Surplus Lines ins Co 10172 625 S. Cypress INSURERB: Santa Ana CA 92701 USA INSURER C: N-2007-140 INSURERD: INSURER E: , THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AGGREGATE AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR XMI LTR INSRr TYPE OF INSURANCE POLICY NUMBER RATION A 1D\VS) LIMITS 47ww ERAL LIABILITY G2203974A001 X 08 EACH OCCURRENCE $1, 000,000 COMMERCIAL. GENERAL LIABILITY CLAIMS MADE ® OCCUR DAMAGE TO RENTED S100, 000 PREMISES (Es oecurence) y one tK+son ��(� PERSONAL do ADV INJURY S1,000,000 C ry GEN%AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE 52,000,000 a ® POLICY ❑ PRO. ❑ LOC •� PRODUCTS - COMP/OP AGG $2 , 000 , O00 �� C C C AUTOMOBILE LIABILITY r v ANY AUTO COMBINED SINGLE LIMIT ALL OWNED AUTOS (Ea accident) I 2 SCHEDULED AUTOS BODILY INJURY + HIREDAUTOS Per ° ( �) 4' ON OWNED AUTOS � BODILY TNNRY a (Per accident) PROPERTY DAMAGE (Per accident) GARAGE LIABILITY ANY AUTO AUTO ONLY . EA ACCIDENT H OTHER THAN EA ACC A EXCESSNMBAELLA LIABILITY G219$0201002 AUTO ONLY: AGG 03/15/07 X OCCUR ❑ CLAIMS MADE EACH OCCURRENCE AGGREGATE S5,000,000 HDEDUCTIBLE RETENTION /'• - 7� T -` WORKERS COMPENSATION AND EMPLOYERS' LIABILITY C STATU- am. ANY PROPRIETOR/PARTNER/EXECUTIVE ~--��- '_�� / E.L. EACH ACCIDENT OFFICER/MEMBER EXCLUDED? byes, describe under SPECIAL PROVISIONS • •: E.L. DISEASE -EA EMPLOYEE Cl y /Y,;.., bdoW EL. DISEASE -POLICY uMTT OTHER L_ DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EJLCLUSIONS ADDED BY ENDORSEME'N(/SPECIpI, PROVISIONS City of Santa Ana is included as Additional Insured with respect to the General Liability policy. see Attached Additional Insured Endorsement. l City Of Santa Ana Attn: Frank Hernandez 20 Civic Center Dr. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THERFoF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL Community Develo pment Agency 30 DAYS WRrrrEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION Santa Ana CA 92702 USA OR L1ABIUTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE INSURED Rebuilding Together Orange County 625 S. Cypress Santa Ana CA 92701 USA CG 20 10 11 85 COMMERCIAL GENERAL LIABILITY ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS (FORM B) 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 Certificate No : 570021672930