HomeMy WebLinkAbout02-15-1995 CITY COUNCIL STAFF REPORTSARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO.
MEETING DATE: FEBRUARY 15, 1995
ORIGINATING DEPT.: PUBLIC WORKS
AGENDA ITEM
CITY MGR.:.
DEPT. HEAD:
SUBJECT: Revisions to Village Library Lease
Recommended Motion(s): Move to approve the revised lease agreement
for the Village Library building with the Friends of the Saratoga
Libraries and authorize the City Manager to sign the lease
agreement on behalf of the City.
Report Summary: Subsequent to your January 4 meeting at which time
the Council agreed to lease the surplus mobile office trailer to
the Friends of the Saratoga Libraries, the City Attorney has
prepared .a new lease agreement with the Friends and which is
attached for Council's review and approval. Beyond adding the
surplus office trailer to the description of leased property, the
proposed modified agreement .includes a number of other minor
technical changes to the existing lease agreement which are deemed
appropriate by the City Attorney. The Friends have reviewed the
proposed agreement and are satisfied with the language therein.
Consequently, it is recommended that the Council approve the
proposed agreement and authorize its execution by the City Manager.
Fiscal Impacts: Very little. The proposed agreement grants the
Friends a three year lease for the sum of $1. However, the
activities of the Friends generate annual contributions to the
Saratoga Library in excess of $10,000.
Advertising, Noticing and Public Contact: Nothing additional.
Consequences of Not Acting on the Recommended Motions: The proposed
lease would not be approved. It may be modified per Council
direction, however until the new lease is approved, the Friends can
not make use of the surplus office trailer.
Follow Up Actions: The lease agreement will be signed by the
Friends and the City.
Attachments: 1. Proposed lease agreement.
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VILLAGE LIBRARY LEASE
This .lease is entered into in the City of Saratoga, County
of Santa Clara, State of California by and between the City of
Saratoga a.municipal corporation (Lessor to this lease), and the
Friends of the Saratoga Libraries, a non - profit organization
(Lessee to this lease).
1. Premises. Lessor hereby leases and.Lessee hereby rents
the following described property, hereinafter called "premises:"
The Saratoga village Library Building, located at 14410 oak
Street, Saratoga, California, comprising an area of approximately
1622 square feet, and a mobile office trailer located at the City
corporation Yard.
2. Term. The term of this lease shall be for a period of
three years. The term of this lease, and Lessee's obligation to
pay rent, shall commence on March 1, 1995, and continue through
February 28,1998, in accordance with the terms herein, unless
sooner terminated a's hereinafter provided.
3. Rental. Lessee shall pay to Landlord the sum of $1.00
as rent for the entire term of this lease. Said rent payment is
to be made payable to the City of Saratoga and delivered to the
offices of the City of Saratoga, 13777 Fruitvale Avenue,
Saratoga, California 95070.
4. Security Deposit. Lessee has placed on deposit with
the Lessor the sum of $300, as a cash security deposit. Lessee
has placed on deposit with the Lessor a note in the sum of $700
as additional security deposit. The total sum of the security
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deposit is $1,0000
If at any
fail to perform any
without notice, may
security deposit as
Lessee's obligation
time during the term hereof Lessee should
of its obligations under this lease, Lessor,
appropriate 'and apply any portion of the
J
may be reasonably necessary to fulfill
s. Upon notification by Lessor to Lessee of
such appropriation, Lessee shall remit to Lessor an amount in
cash equal to the amount expended in -order to restore said
security deposit to the original sum of $1,000. In the event
Lessee shall fully comply with all the.terms of this lease, the
. security deposited by Lessee shall be returned to Lessee within
fifteen (15) days, after the termination of its tenancy and after
delivery of the premises to Lessor with the required notice. The
amount refunded shall not include interest.
5.1. use. Lessee shall use and occupy the Oak street
premises duringtthe term for the operation of a used bookstore;
benefit receptions; for promotional events such as, but.not
confined to, reduced price sales, poetry readings, children's
story hours, book review sessions, autograph sessi.t ons, Great Book
seminars; meetings, and other similar and.related uses and for no
other purpose without the prior written consent of the Lessor.
Lessee shall use and occupy the mobile office trailer premises
during the term for the storage of books prior to sale at the
book store operated by Lessee. Lessee shall not use or permit
.the premises or any part thereof to be used for any purpose or
purposes other than the purpose or purposes for -which the
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premises are leased.
5.20 No use shall be made or permitted to be made of the
premise or acts done which will increase the existing rate of
insurance on the premises, building, trailer or any of their
contents, or cause the cancellation of any insurance policy
covering the premises, building, trailer, or any part thereof.
If any act on the part of the Lessee or use of the premises by
Lessee shall cause, directly or indirectly, any increase of
Lessor's insurance, such additional expense shall be paid by
Lessee to Lessor upon demand. Lessee shall not sell or permit to
be stored, kept, used or sold in -or about the premises any
article which may be prohibited by the standard form of fire
insurance policies. Lessee shall not permit any person to smoke
in or.about' the premises.
5.3. Lessee shall not commit or suffer to be committed any.
waste upon the premises or any public or private nuisance.
Lessee shall not use the premises or, permit the premises to be
used in whole or in part for -any purpose or use that is deemed to
be in violation of any of the laws, ordinances, regulations or
rules of any public authority or organization at any time. Any
such violation shall be determined by the Lessor at the Lessons
sole discretion.
5.4. Lessor shall have the right from time to time to
prescribe reasonable rules and regulations which in its judgment
may be appropriate for the use of the premises, the building and
the.trailer. Upon notification to Lessee of such rules, Lessee
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agrees to comply there with and any failure to so.comply shall
constitute a default under this lease.
6. Utilities. Lessor, at its expense, has provided
adequate sewer, water, electricity, and gas lines, pipes, and
conduits, to and from.the Oak Street premises. Lessee shall,
during the term hereof, pay all charges for telephones, gas,
electricity, water, sewer, heat, air conditioning, replaoement of
bulbs and fluorescent tubes, window washing, janitorial and
cleaning services; and removal of rubbish,. trash,and garbage.
7.1... Assignment. Lessee shall not assign this lease
voluntarily or by operation of law, or any right hereunder, nor
sublet the premises or'any part thereof, without the prior
written consent of Lessee.
7.2. No consent to any assignment of.this lease,voluntarily
or by operation of law, or any subletting of the premises, shall
be deemed to be a consent to any.subsequent assignment of this
lease voluntarily or by operation of law, or to any subletting of
the premises, except as to the specific instance covered thereby.
Any such assignment of this lease, voluntarily or by operation of
law, or any subletting of the prcmiso ,.without obtaining the
prior written consent of Lessor, shall be void and at the option
of the Lessor shall terminate this.lease.
S. Condition of Premises and Repairs. By accepting
occupancy of the premises, Lessee shall be deemed to have agreed
that the Oak street premises are in good order, condition and
repair and Lessor makes no warranties or guarantees hereunder.
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Tenant, at its own expense shall maintain in good order and
repair all portions of the interior of the.leased premises
(including windows), but not including the roof and exterior
walls, paving and landscaping, floor structure, pipes and
conduits, and utility installations, all of which shall be
maintained by the Lessor. The Lessor shall also be responsible
for the upkeep, maintenance and repair of heating and air
conditioning systems serving the oax street premises. Lessee
shall make all repairs.of every kind to the interior of the
leased premises except repairs of a structural nature, or which
are caused by structural failure.
8.3. Alterations.- Lessee shall not make or permit to be
made any alterations, repairs, to changes in, and additions to
the premises (interior, exterior and adjacent landscaped areas)
without the prior written consent of the Lessor. All
alterations, repairs, changes and additions that may be required
shall be done either by or under the direction of the Lessor at
the cost of Lessee, and shall- become immediately the property of
the Lessor and shall remain upon and be surrendered with the
premises at the termination of the term of this lease.
8.2. Revair. All repairs to be made hereunder by Lessor
shall.be made with dispatch. Lessor may permit Lessee to
undertake emergency repairs if and when such emergency repairs
have been approved in advance by a duly authorized representative
of the Lessor. All such repairs to be made by Lessor are subject
to City of Saratoga budget constraints and may be the subject of
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review by the Saratoga city council. The Saratoga city council
reserves the right to deny funding for repairs and seek
termination of this lease agreement, as provided by the terms of
this. lease agreement.
8.3. Lessee,-upon the termination of this lease or the
expiration of the term hereof or for any other reason, shall quit
and surrender the premises in good order, condition and repair,
reasonable wear and tear and damage by fire, an Act of God, or
the elements excepted. Upon the termination of this lease or the
expiration of the term or otherwise, Lessor shall have the option
to require Lessee to remove from the premises, at Lessee's
expense, all improvements placed on the premises by Tenant.
8.4. Lessee shall keep the premises, building, and office.
trailer of which the - premises are a part free and clear of any
liens, and shall indemnify, hold harmless and defend Lessor from
any liens and encumbrances arising out of any work performed or
materials furnished by or at the direction of Lessee. In the
event any liens are filed, Lessee.shall do all acts- necessary to .
discharge any lien within ten (10) days of'filing, or if lAssee
desires to contest any lien, then Lessee shall deposit with
Lessor such security as Lessor shall demand to insure the payment.
of the lien claim. In the event Lessee shall.fail to pay any
lien claim when due or,shall fail to deposit the security with
Lessor, then Lessor shall have the right to expend all sums
necessary to discharge the lien claim, and.Lessee shall pay an
additional rental, when the next rental payment is due, all sums
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expended by Lessor in discharging any.lien, including attorney's
fees and costs.
9. mss_. - Lessee shall not place or permit to be placed
in, upon, about or outside the said premises or any part of the
building or trailer in which the premises are located, any signs
without the prior written consent of Lessor. All exterior signs
must be approved in advance by the City of Saratoga community
Development Department, and must meet applicable City zoning
regulations.
10. RIaht of n_rY. Lessor.and its agents shall have the
right at any reasonable time to enter upon the promises so long
as it does not interfere with the business activities of the
Lessee on the premises, for the purpose of inspection, serving or
posting notices, maintaining the premises, making any.necessary
repairs, alterations or additions to any portion of the premises
(including the erection and maintenance of scaffolding,
partitions and.repai.r equipment as shall be required), complying
with the laws, ordinances and - regulations, protecting the
premises, or for any other lawful purpose. Lessee waives any
claim for damages, including loss of business,, resulting
therefrom.
ll.., Li?ij;y and Indemnification. Lessor shall be free of
all liabilities and claims for damage by reason of any injury or
death to any person or persons, including Lessee, or property of
any kind whatsoever and to whomsoever belonging, including
Lessee, from any,cause or causes whatsoever, including acts or
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FEB -09 -35 THU 12:17 P. 09/13
omissions of others in the leased premises, during the term of
this lease or any extension or renewal thereof, or any occupancy
hereunder, and Lessee hereby agrees to indemnify, save harmless
and defend Lessor.from all liability, damages, loss, costs and
obligation, including court cost and attorney's fees, on account
of or arising out of or alleged.to have arisen out of, directly
or'indirectly, any such injuries, death or losses, however
occurring.
Lessor shall not be responsible for any damage caused
Lessee's property resulting from any malfunction from any
mechanical, plumbing or electrical unit, connection or wiring
hereunder nor from any leaks resulting from the structural
members, including the roofing on building. Lessor makes no
warranty-or representations regarding the condition of any of the
above, and Lessee, by taking occupancy hereof, has deemed to
assume the premises on an 'gas is" basis.
12. Insurance. Lessee agrees to and shall within ten (10)
days from the date of execution of this lease, secure from a good
and responsible company or companies doing insurance business in
the state of California, and maintain during the entire term of
this lease, the following insurance.coverage in a form
satisfactory to Lessor.
Liability Coverage: Public liability insurance in the
minimum amount of $500,000.00 for loss from an accident resulting
in damage to or destruction of property, or for loss from.an
accident resulting in bodily injury to or death of one person.
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Fire Insurance: Fire and extended coverage insurance
upon Lessee's fixtures, goods, wares and merchandise, in or upon
the leased premises, with coverage in an amount of not-less than
$5,000.
Additional Insureds: Lessor shall be named as an
additional insured on the aforementioned policies of insurance.
r
subrogation_waiyem:. Lessor and Lessee agree that-in
the event of loss due to any of the perils for which they have
agreed.to provide insurance, each party shall look solely to its
insurance for recovery. Lessor and Lessee hereby grant to each
other on behalf of any insurer.providing insurance to either of
them with respect to the demised premises, a waiver of any right
of subrogation which any such insurer of one party may acquire
against the other by.virtue of:payment of any loss under such
insurance.
Lessee shall obtain a written obligation.on the part of
any such insurance company to notify Lessor within ten (10) days
in writing of any delinquency.in premium payments -and of any
cancellation of any such policy. Lessee agrees if Lessee does
not takeout such insurance or keep the same in full force and
effect, Lessor, may take out the necessary insurance and pay the
premium therefore and Lessee snall repay to Lessor.the amount so
paid by having such amount deemed to be additional rental and
payable as.such within 30 days..
Lessee shall deliver to Lessor copies of policies of
liability insurance required herein or certificates evidencing
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the existence amount of such insurance withloss payable clauses
satisfactory to Lessor. Lessee and the insurance carrier shall
give Lessor sixty (60) days' written notice of any intent to
cancel or modify any policy hereunder.
13. Compliance with .Laws and Rules. Lesseels agents,
servants, and employees, visitors and licensees shall observe and.
comply strictly with all reasonable rules adopted or which are
adopted hereafter for the care, protection, cleanliness, and
proper operation of the building and mobile office trailer.
Lessor shall have no obligation to Lessee as a result of the
violation of any such rules by Tenant or,any other person.
Lessor shall maintain a copy of such rules in the office of
Lessor for inspection by Lessee at any reasonable time. All of
such rules shall be deemed a material term to this lease.
14_ Termination or Cancellation. Lessor may terminate this
lease and take possession of the premises, all without waiving
any rights which it may have at law hereunder, following any of
these events.
(a) If Lessee fails to correct any violation of this:
lease agreement within thirty (30) days after written.notice
thereof.
(b) Lessor may terminate this'lease following a
decision of the Saratoga City Council to terminate. Lessor shall
provide Lessee with ninety (90) days' written notice of such
termination.
Lessee may terminate this lease agreement by giving
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ninety (90) days'. written notice to Lessor.
15. Attorney's Fees. Should either.party hereto institute
any legal action to enforce any provision hereof, the prevailing
party in such action shall be entitled to regeive from the lasing
party such amount as the court may adjudge to be reasonable
attorney fees and costs.
16. Holding Over. Any holding over after the expiration of
-the term of this lease by Lessee shall be deemed to be a tenancy
from month -to -month and except for the term thereof shall be on
the same terms and conditions specified herein, so far as are
applicable.
17. Waiver. The specified remedies.to which Lessor or
Lessee may resort under the terms of this lease are cumulative
and not intended to be exclusive of any other remedies afforded
by law., No covenant, term or condition or the breach thereof
shall be deemed waived, except by written consent of Lessor, and
any waiver or the breach of any covenant, term or condition shall
not be deemed to be a waiver.of any preceding or succeeding
breach of the same or any other covenant, term or condition.
Acceptance of all or any portion of, rent at any time shall.not be
deemed to be a,waiver of any covenant, term or condition except
as to the rent payment accepted.
18. Notice. All notices or demands of-any kind required or
desired to be given by Lessor or Lessee hereunder shall be in
writing and shall be deemed delivered seventy -two (72) hours
after depositing the notice or demand in the United States Mail,
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postage prepaid, addressed to Lessee at the address of the Oak
Street premises, whether or.not-Lessee has departed therefrom,
abandoned or vacated the premises, and as-to Lessor,.at 13777
Fruitvale Avenue, Saratoga, California 95070, or such other
address as shall be designated by either party in compliance with
the provisions of this paragraph.
19. Attachments. The attachments.listed below shall be
attached to this lease agreement and shall be considered part of
this'.lease agreement:
(a) Diagram of space allocation.
20. Entire Agreement. This lease, and the.attachments
hereto, represent the sole and entire agreement of the parties
hereto, and all other agreements, discussions, representations,
or negotiations, oral or written, express or implied, and merge
herein and succeeded by this lease.'
CITY OF SARATOGA, a
-municipal corporation
Dated:
Dated:
February 8, 1995
murzw\273\agree\Vi1agLib.Lse
By
Harry Peacock, City Manager
FRIENDS OF THE SARATOGA LIBRARIES
By
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