LEASE AGREEMENT
THIS LEASE AGREEMENT ("Lease") made and entered into this 16th day of November 2009, by and between the City of Barstow, a Municipal Corporation, hereinafter called "City". and the Barstow Senior Citizen Center, a California Nonprofit Corporation, hereinafter called "Lessee".
WITNESSETH
That for and in consideration of the rentals, agreements, and conditions as hereinafter specifically set forth to be faithfully paid, kept, and performed by Lessee, City hereby rents and lets. and Lessee hereby takes possession of, hires, rents, and accepts the Premises and appurtenances thereto consisting of approximately 1.42 acres of land and all improvements on the Premises including an approximately 8,600 square foot building and storage area located at 555 Melissa Avenuc. Barstow, California (collectively referred to as the "Premises"). The Premises to be leased by Lessee is set forth in the legal description set forth in Exhibit "A" attached hereto and by this reference incorporated herein.
Il is understood and agreed by and between the parties hereto as follows, to wit:
DEFINITION OF TERMS. The following words in this Lease shall have the significance attached to them in this clause unless otherwise apparent from their context:
a. "City" means the City of Barstow.
b. "Lease" means this Lease Agreement.
c. "the Premises" means the approximately 1.42 acres of land and all improvements on the Premises including an approximately 8,600 square foot building and storage area located at 555 Melissa Avenue, Barstow, California as described in Exhibit "A" hereto and incorporated herein.
d. "Lease Administrator" means the City Manager of the City of Barstow or his/her designee. or upon written notice to Lessee, such other person as shall be designated from time to time hy the City.
e. "Lessee" means the Barstow Senior Citizen Center, a California Nonprofit Corporation.
ADMINISTRATION. This Lease shall be administered on behalf of the City by the Lease Administrator. whose address is:
City of Barstow
Attention: City Manager
220 East Mountain View Street, Ste A
Barstow, CA 92311
With a copy to:
Yvette M. Abich Garcia
City Attorney
City of Barstow
Colantuono & Levin, P.C.
300 South Grand Avenue, Suite 2700
Los Angeles, CA 90071-3137
With a copy to:
Barstow Senior Citizen Center
Attention: President
555 Melissa Avenue
Barstow, CA 92311
3. TERM. The term of this Lease shall be ten (10) years commencing on November
17. 2009. hercinafter called the Date of Commencement: provided, however. Lessee shall have the right to terminate this Lease at any time for any or no reason by first giving sixty (60) days prior written notice to City. City shall also have the right to terminate said Lease any time for any or no reason by first giving ninety (90) days prior written notice to the Lessee.
RENT. In consideration of the possession and use of the Premises, Lessee shall deliver and pay rent to City during the term of this Lease in the amount of $1.00 per year. The payments required under this Lease shall be made payable to "City of Barstow" and considered payment under this Lease when delivered to:
City of Barstow
Finance Department
220 East Mountain View Street, Suite A
Barstow, California 92311
2 SECURITY AND JANITORIAL SERVICES. Lessee, at its sole expense, will provide security and janitorial services for facility.
LANDSCAPE MAINTENANCE. The City shall be responsible for landscape maintenance of the Premises.
BUILDING MAINTENANCE AND REPAIR CHARGES. Except as provided in Section 13 herein, City shall be responsible for major repairs and maintenance exceeding $1.000.00. All other repairs and maintenance shall be the responsibility of Lessee. Prior to any repair work hy Lessee. Lessee will gain permission from the City Manager or his/her designee.
8. INSURANCE. Lessee shall, during the term of this Lease, keep or cause to be kept. policies of insurance which will fully protect the Premises. Lessee shall submit to the City's Risk Manager. on or before the Date of Commencement, Certificates of Insurance evidencing that I.essee has obtained the required insurance from generally recognized responsible insurers in the following forms of coverage and minimum amount specified:
a. Commercial General Liability Insurance. The policy must be written on an "occurrence basis" and in an amount of not less than $1,000,000 each occurrence. The insurer issuing the insurance policy must be admitted to do business in California. b. Fire and Extended Coverage. The policy is to provide coverage against loss or damage to the Premises resulting from fire, lightning, vandalism, malicious mischief and such perils ordinarily defined as "extended coverage" including flood but not earthquake. Such insurance shall be maintained in an amount of not less than 90% of the full replacement value subject to a deductible clause not to exceed One Thousand Dollars ($1,000.00).
The required Commercial General Liability policy shall name City as an "additional insured".
The required Fire and Extended Coverage policy shall name City as "loss payee".
Each policy of insurance shall contain the following clause:
"It is agreed that this policy shall not be cancelled nor the coverage reduced until thirty (30) days after City's Lease Administrator or his/her designee shall have received written notice of such cancellation or reduction. The notice shall be deemed effective on the date 3 delivered to said Lease Administrator or his/her designee as evidenced by properly validated return receipt."
City shall retain the right at any time to review the coverage. form and amount of insurance required herein, and may require Lessee to obtain insurance sufficient in coverage, form and amount to provide adequate protection against the kind and extent of risk which exist at the time a change in insurance is required. City requirements shall be reasonable.
9. USE. Lessee shall use and occupy the Premises solely as a facility for senior citizen programs and services and other operations directly incidental to Lessee's business and the management of its operations, including preparation and serving of meals for senior citizens, and recreation. educational activities and related services for senior citizens.
10. OCCUPANCY. The Premises shall be occupied by no one other than the entity listed above and referred to as "Lessee" without prior written consent of the Lease Administrator having heen first obtained.
11. ASSIGNMENT OR SUBLEASING. Lessee shall not sublease the Premises or assign this Lease without prior written consent of the Lease Administrator.
12. UTILITY CHARGE/UTILITIES. Lessee shall be responsible for paying all utility services. including sewer, water, gas, telephone and electric service necessary for its use and enjoyment of the Premises and shall pay all services, service charges and installation charges in connection therewith and associated with the entire facility.
13. ACCEPTANCE, MAINTENANCE AND REPAIRS. Lessee hereby
acknowledges that Lessee has inspected the Premises, that Lessee accepts said Premises "as is" and "where is", that the Premises are in good and sanitary order, condition, and repair, and hereby accepts them as such.
Lessee agrees to take good care of the Premises and of all improvements. alterations. fixtures, and appurtenances thereon and thereto, and to give prompt notice to the I.case Administrator of any damage to same. Lessee shall repair any damage or injury to the Premises caused by willful acts, neglect or misuse by Lessee, Lessee's employees, agents, volunteers, visitors, invitees and licensees.
4 ..... i
14. ALTERATIONS AND IMPROVEMENTS. All structures, equipment and fixtures installed by Lessee in accordance with the provisions of this Lease, and not being a replacement or repair of or for any improvements subsequently installed by City, shall be the property of Lessee during the term of this Lease. It is agreed that any equipment and fixtures so installed by Lessce are hereby made security for the faithful performance of the terms, conditions. and covenants of this Lease. Upon termination of this Lease for any cause, all such structures, cquipment and fixtures (but not trade fixtures) shall become the property of City.
However. City may require Lessee, and Lessee hereby agrees, to remove any such structures. equipment and fixtures at Lessee's own expense, provided that all damage to the Premises or to City's property or improvements from such removal shall be repaired in a good and workmanlike manner and the Premises shall be left in as good order and condition as when Lessee took possession thereof. reasonable wear and tear and damage by the elements excepted. In the event Lessec does not so remove any of sub-structures, equipment or fixtures as aforesaid, City may remove. sell or destroy the same at the expense of Lessee and Lessee shall pay to City the reasonable cost of such removal, sale or destruction, together with the reasonable cost of repair of damages to City's property or improvements or to the Premises resulting therefrom. It is further agreed that any personal property not removed from the Premises within sixty (60) days following termination of this Lease may, at City's option, be deemed abandoned, and City may take possession and dispose of it in any manner without liability to Lessee.
Prior to any alterations or improvements being performed by Lessee. Lessee shall obtain the prior written consent of the City Manager or his/her designee. Any such alterations and improvements shall conform to the architectural plans and renderings of the structure adopted by City. Lessee is solely liable, at its own expense, for procurement of all permits and approvals necessary for its operation of the described facilities and any improvements/ alterations performed by Lessee. Lessee agrees to pay any and all cost associated with any such alterations and improvements, and, in the event such alterations and improvements do not receive the prior wrillen consent of the City Manager or his/her designee, Lessee shall be responsible to pay 10 City any and all costs associated with bringing any such alterations and improvements in compliance with the standards described herein.
15. TAXES, ASSESSMENTS, AND FEES. The terms of this Lease may result in the creation of a possessory interest. If such a possessory interest is vested in Lessee, Lessee may be subjected to the payment of real and/or personal property taxes levied on such interest. Lessee shall be responsible for the payment of, and shall pay before delinquency, all taxes, assessments, and fces assessed or levied upon Lessee, on the Premises or any interest therein, on any buildings. structures. machines, appliances, or other improvement of any nature whatsoever, or on any interest therein. Lessee further agrees not to allow such taxes, assessments. or fees to become a lien against the Premises or any improvement thereon. Nothing herein contained shall he deemed to prevent or prohibit Lessee from contesting the validity of amount of such tax, assessment. or fee in the manner authorized by law.
16. CONDUCT. Lessee and guests of Lessee shall at all times conduct themselves in a quiet and dignified manner so as to cause no annoyance or inconvenience to neighbors of Lessce and shall not violate, or permit the violation of, any City or County ordinance or State or Federal law in or about the Premises.
17. FOOD SERVICE. The City understands that the Lessee operates the Senior Nutrition Program and prepares and serves meals at the facility. Lessee shall be solely responsible for obtaining operating and health department permits associated with food service activities.
18. RIGHT OF INSPECTION. City reserves the right for its agents or employees to enter upon and inspect the Premises at any reasonable time to ascertain if the provisions of this Lease are being complied with by Lessee.
19. INDEMNIFICATION. Lessee shall defend, indemnify, and hold harmless the City. its officers, agents, employees and volunteers from and against any and all claims. demands, and liabilities for loss of any kind or nature which City, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them or any of them for injury lo or death of persons or damage to property as a result of, arising out of, or in any manner connected with this Lease or with the occupancy and use of the Premises by Lessee, its employees. agents. volunteers. invitees, licensees, visitors, or any other persons whatsoever.
Lessce further agrees to pay any and all costs and expenses, including, but not limited to, court 6 l..
costs and reasonable attorney's fees incurred by the City on account of any such claims, demands. or liabilities. Lessee's obligation under this Section shall survive the termination or expiration of this Lease.
20. WAIVER OF SUBROGATION. Notwithstanding any rights and obligations of either party contained elsewhere in this Lease, Lessee hereby releases and waives any right of recovery against City, its officers, agents and employees for any loss or damage arising out of Lessee's use and occupancy of the Premises, unless such loss or damage arises out of City's sole negligence or willful misconduct.
21. DAMAGE OR DESTRUCTION OF PREMISES. If the Premises are damaged or destroyed in whole or in part by fire or other casualty, City may repair and restore the Premises, or may abate rent pro rata for the portion of the Premises rendered untenantable in the event a part of the Premises is untenantable, until the Premises and/or Property are restored to a tenantable condition. City may commence and complete all work required to be done under this paragraph with reasonable promptness and diligence, but City shall not be in default in any required performance if delay in performance results from fire, flood. storm, labor disputes. shortage of materials or transportation facilities, governmental regulations, war, natural disasters of other causes beyond City's reasonable control. If City elects not to commence such repair or restoration within thirty (30) days after such damage or destruction occurs or if repair or restoration will require more than one hundred twenty (120) days to complete, Lessee may thcreafter. al its option, terminate this Lease by giving City written notice of its election to do so provided such notice is received by City prior to the commencement of such repair or restoration.
In that event. this Lease shall terminate as of the date such notice is received by City.
22. NOTICES. Any notice or notices required or permitted to be given by this Lease may he personally served on the other party by the party giving such notice, or may be served by Certified Mail. Return Receipt Requested, to the addressee. Notices served by mail shall be addressed to Lessee and to City and/or Lease Administrator at the address stated in Section 2 "ADMINISTRATION" contained herein, or as City or Lessee may hereinafter designate by written notice to the other.
7 23. VACATION OF PREMISES. Upon termination of this Lease for any reason whatsoever. Lessee shall peaceably vacate and deliver the Premises to City in the same condition as Lessee enjoyed upon its acceptance of the Premises hereunder, ordinary wear and tear and acts of God excepted. Upon such termination, Lessee shall (1) arrange and pay for the disconnection of all utility services ordered by Lessee; and (2) provide a written statement to the Lease Administrator of Lessee's new address for purpose of refunding monies, if any, due Lessee under this Lease: and (3) deliver the keys for the Premises to the Lease Administrator or send said keys by certified mail to the address stated in Section 2 "ADMINISTRATION" contained herein. 2t. NON-DISCRIMINATION. Lessee herein covenants by and for itself, its successors, and assigns. and all persons claiming under or through it, that this Lease is made and accepted upon and subject to the condition that there shall be no discrimination against or segregation of any person or group of persons, on account of race, color, creed, religion. sex. marital status. national origin. sexual orientation or ancestry in the leasing, subleasing. transferring. use. occupancy. tenure or enjoyment of the Premises nor shall Lessee itself, or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants: lessee. sublessees, subtenants, or vendees in the Premises.
25. AFFIRMATIVE ACTION PROGRAM. Lessee shall comply with any Affirmative Action Programs required by the federal government, State of California, or City.
26. HOLDING OVER. Any holding over for any cause after the expiration of said term shall be construed to be a tenancy from month-to-month at the rental rates and on the terms and conditions herein specified insofar as they are applicable. "Holding Over" includes, but is not limited lo. time employed by Lessee in removing all personal property following the termination of the Lease. if such removal is authorized by the Lease Administrator.
27. SUPERSEDURE. This Lease, upon becoming effective, shall supersede any prior leases or rental agreements heretofore made or issued for the Premises between City and Lessee. 8 28. COSTS AND ATTORNEY'S FEES. In the event any legal action or proceeding is brought to enforce the terms or declare termination of this Lease for reason of breach thereof. the prevailing party shall be awarded all costs of any such action or proceeding together with all attorneys" fees actually and reasonably incurred by said party.
APPLICABLE LAW AND VENUE. This Lease is executed in Barstow, San Bernardino County: California. This Lease shall be interpreted under the laws of the State of California. Venue for any legal action or proceeding shall be in the North Desert District of the Superior Court. San Bernardino County, California.
30. HAZARDOUS SUBSTANCES. Lessee shall be solely responsible for fully complying with all present or future rules, regulations, restrictions, ordinances, statutes, law and order of any governmental entity regarding:
al. Any improvements installed or alteration made on the Premises including, hut not limited 1o, storage tanks. pipelines, pumps, and all other structures and equipment; and h. The storage, distribution, processing, handling or disposal of hazardous substances including. but not limited to gasoline, diesel, aviation fuels and hazardous substances designated in Labor Code Section 6382 and Health and Safety Code Section 25316; regardless of whether the obligation to comply is on the land owner, the owner of the improvements or the user of the improvements.
i. Any release of threatened release of hazardous substances which pose a threat to public health or the environment. A release means any spilling, leaking, pumping. pouring. emitting, emptying, discharging, injecting, escaping. leaching, dumping. or disposing into the environment.
Lessee shall provide City with a written list of the type and quantity of all hazardous suhstance, as defined above, which it intends to use, store, distribute, process, handle, or dispose of on the Premises.
If any hazardous substance as defined above spills, leaks or is discharged from any lacility or vehicle on the Premises, Lessee shall immediately make all repairs necessary to prevent further spills, leaks or discharge and shall immediately clean up and promptly dispose of any contaminated soil. City may after written notice to Lessee, take all steps the City deems 9 necessary to make the necessary repairs, to clean up the spill and to dispose of any contaminated spill. Lessee shall reimburse City for this expense within thirty (30) days of receiving a bill for this work from the City.
Lessee shall be solely responsible for paying all fines, damages and penalties imposed by any governmental entity regarding the production, storage, distribution, processing, handling, disposing, spilling. leaking or discharging of any hazardous substance as define above. Lessee's obligation under this Section shall survive the termination or expiration of this Lease.
31. QUIET ENJOYMENT OF THE PREMISES. If and so long as Lessee shall keep all the covenants and agreements required by it to be kept during this Lease and shall perform all its other ohligations hereunder, City covenants and agrees that it shall not interfere with the peacetul and quiet occupation and enjoyment of the Premises by Lessee.
32. DEFAULT. If default be made in the payment of rent above set out, or any part thereo!. or in the event of breach by City or Lessee or any of the covenants and agreements herein contained. the aggrieved party may serve a written thirty (30) day Notice of Default. specifying such default, on the party breaching this Lease. Such Notice of Default shall be sent as provided in Section 2 "ADMINISTRATION" contained herein.
33. PARTIES BOUND. This Lease shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors and assigns.
34. SIGNS. Lessee shall have the right, subject to the City Manager's or his/her designee's approval. to place in or on the Premises and in the common areas such signs or display material that Lessee deems necessary and proper in the conduct of its business: however. the display of any such signs or other materials shall be in compliance with the requirements of Barstow Municipal Code, shall be compatible with City's signage and display materials and shall he in conformity with City's colors, design scheme, and any historical themes or standards as required by City.
10 35. LEGAL CONSTRUCTION. In the event any one or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not effect any other provision thereof. and this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein.
36. ENTIRE AGREEMENT. This Lease constitutes the complete expression of the agreement between City and Lessee, and there are no other promises, representations. agreements or warranties except as set forth herein. There shall be no alteration, change or amendment to this Lease, ercept in writing executed by both parties hereto.
37. AUTHORITY OF SIGNATORIES. Each person signing this Lease hereby warrants that he/she/it is properly authorized to do so and has actual authority to bind his or her principal to this Lease.
38. NO PRESUMPTION REGARDING DRAFTER. The parties acknowledge and agree that the terms and provisions of this Lease have been negotiated and discussed between and among the parties and their attorneys, and that this Lease reflects their mutual agreement regarding the same. Because of the nature of the negotiations and discussions, it would he inappropriate to deem any party to be the drafter of this Lease, and therefore, no presumption for or against validity or as to any interpretation hereof, based on the identity of the drafter, shall be applicable in interpreting or enforcing the Lease."
39. SECTION HEADINGS. The section headings contained in this Lease are for convenience and identification only and shall not be deemed to limit or define the contents of the sections in which they relate.
11 IN WITNESS WHEREOF the parties hereto have caused this Lease to be executed by their duly authorized agents effective the date first above written.
Dated: 11-30 - 2009 LESSEE: BARSTOW SENIOR CITIZEN CENTER By: Left Casar dr.
Name & Title: Jeff Eason, Sr., President
Dated: 12/9/2009 CITY: CITY OF BARSTOW
By → Name & Title: Richard D. Rowe. City Manager
Came V. Consino, One
Attest:
Name Title: JoAnne V. Cousino, City Clerk
Approved as to form:
By:
Title: Yvette M. Abich Garcia, City Attorney
CTOT BATOK
*
PT. 30, 1017
12 EXHIBIT A
LEGAL DESCRIPTION
THAT CERTAIN REAL PRPERTY IN THE CITY OF BARSTOW, COUNTY OF SAN BERNARDINO. STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
I.OT 3. TRACT NO. 10498. AS PER MAP RECORDED NOVEMBER 1, 1978 IN BOOK 144 OF MAPS. PAGES S AND 6, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
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LAN OMAIN INSURRE
DATE (ADD/YYYY)
ACORD, CERTIFICATE OF LIABILITY INSURANCE 05/29/2069
PRODUCER (760) 245-5344 FAX (760) 241-3567 HIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIO Dan Smith Insurance Agency, Inc. MLY AND CI PIES NO RIGHTS UPON THE CERTIFICATE OLDER THIS CERLICATE DOES NOT AMEND. 23-D O
РО Вох 1457 LTER THE COMPRAGE AFFORDED BY THEPOLICHSBELD 14950 Circle Drive
Victorville, CA 92392 INSURERS AFFORDING COVERAGE NAIC * RounD Barstow Senior Citizen Center, Inc. HUNERA: Travelers Insurance Company 555 Melissa Ave.
Barston, CA 92311 MURAC
NGUNER 0:
NAURORE:
OVERAGES
THE POLICIES OF INBURANCE LISTED BELOW HAVE BEEN ISSUED TO THIE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIB CERTIPICATE MAY GEISUED OR
IAY PERTAIN, THE INBURANCE AFPORDED BY THE POLICIES DESCRIBED HEREIN I SUBJECT TO ALL THE TERME, EXCLUBIONS AND CONDONE OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAN
TYPE OF INSURANCI LIMITS
POLICY NUISER
BRAL LIABILITY 660 73238913 09 03/16/2009 03/15/2010 BACH OCOURMENCE 1,000,000 X COMNERCIAL BENERAL LABILITY 100,000
MED EXP (Any one partien) 5,000
X Primary-Non-Contri PERSONAL & ADV DAURY 1,000,000
Wafver of Subrogat GENDRAL AGGRIPATE 2,000.000
GENT AGGREGATE UMIY APPLIES PER: PRODUCTS - COMPIOP ABO 2,000,000
POUCY LOC
ALTOMOBILI LIANLITY SOMEN NOLE UNAT
ANY AUTO
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PRO ELL. DISEASG - POLICY LIBET
County of S 8o7/Tcers, cloyees, agents and Volunteurs are named as addrional insured with respect to liability arialag ort of the performance of sarvices kergunder.
Additional Insured is added by form GN 01 28 07 96, Waiver of Subrogation added by form CG D1 B6 11 03 letached (Contract (s) 07-477 A-2. 07-477 A-2, M-456031-A Certificate Supersedes that of 05/06/2009 104*10 days notice of cancellation due to non-paymen of premium.
WEICATE HOLDER SANGELLATIOM
SHOULD ANY OF THE NOVE DESCRIBRO POLICISS BE CANCELLED BAPORR THE
PRATION DATE THEREOP, THE ISSUING MBURER HALL ENGINITOR TO MA County of San Bernardino and its officers, 30 DAYS VIATYAN NOMOE TO THE CERTIIGATE HOUR HANDO TO THE LEF aployees, agents and volunteers UT FALURE TO LAN, AUCH METICE SHALL ROB NO OBLAGAYINN OM LIKEN. c/a Ebix BPO SO AGENTS OR ARENT INE
р о вох 257, Ref.# 87-2300821
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CORD CORPORATION 18E
ACORD 25(2801/08) FAX: (527)647-7900
THE CITY OF
* BARSTOW
CROSSROAT DE OFORTUNID
AGENDA MATTER: Approval of Lease of the facility at 555 Melissa Avenue to the Barstow Senior Citizen Center.
EXECUTIVE SUMMARY:
Approval of this item will replace the existing facility lease between the City and the Barstow Senior Citizen Center and will approve a single ten year lease for the existing facility for $1 per year.
DISCUSSION:
The original lease for the Senior Center facility is dated March 5, 1979. This lease was modified on December 19, 2005 when the organization's name was changed from Mojave Valley Senior Citizen's Club to the Barstow Senior Citizen Center. This original lease will be replaced with the attached proposed Lease Agreement. The City Council is further asked to direct staff to send a letter to the Senior Citizen Center following approval of this lease, to terminate two additional leases dated April 2, 1979 and June 18, 1990 which leased the former vegetable garden (now the Police Department Annex) and former parking area (now Chaparral Physical Therapy) respectively. These leases were abandoned some time ago.
The significant change between the 1979 agreement and the proposed lease agreement is that the City will assume responsibility for the landscaping as well as major building repairs and maintenance. (Major building repairs and maintenance shall be defined as any project costing $1,000 or more.) City staff can perform the routine duties with the current staffing level but any significant projects would need to be included as part of the annual budget process. Staff estimates the cost for routine maintenance not to exceed $3,000 and landscaping costs not to exceed $500 for the remainder of the fiscal year. This Lease shall be for ten years and has been reviewed by the City Attorney.
NOTE: The Council will also be presented a Professional Services Agreement with the Barstow Senior Center.
FISCAL IMPACT:
An additional $3,000 for maintenance and repairs and $500 for landscaping will need to be appropriated from the General Fund unreserved fund balance. Additional costs for major repairs or improvements will be prioritized and included in the annual budget process.
Br: Hackbarth-mcInture/ Silva 5.0 Approvea
RECOMMENDED ACTION:
1) Direct staff to send a letter to the Senior Citizen Center to terminate two former lease agreements with the Senior Center dated April 2, 1979 and June 18, 1990. 2) Replace lease agreement with the Senior Citizen Center dated March 5, 1979 with the attached lease agreement.
3) Appropriate $3,500 from the unreserved fund balance of the General Fund.
PROPOSED BY FUNDS BUDGETED FUNDS AVAILABLE MEETING DATE Seanette Hayhurst h no pur yes Nov. 16, 2009
AMOUNT REQUIRED CATEGORY ITEM NUMBER
C.M. APPROVAL
Richard D. Rowe $3500 Community Services
•
THE CITY OF
BARSTOW
CROSSROADS OF OPPORTUNITY
November 24, 2009
Barstow Senior Center
Attn: Mr. Jeff Eason, President
555 Melissa Avenue
Barstow, CA. 92311
Dear Mr. Eason:
Enclosed, please find your November 16, 2009 approved lease agreements of the facility currently occupied by the Barstow Senior Citizen Center located at 555 Melissa Avenue in Barstow, CA. This agreement supersedes the former two agreements that the Barstow Senior Citizen's Center previously held with the City of Barstow. Those agreements are as follows:
"On April 2, 1979, the City of Barstow and the Barstow Senior Citizen Center's predecessor organization, Mojave Valley Senior Citizen's Club, entered into a lease agreement to lease land from the City for a gardening project in connection with the Club's nutrition program. This property is adjacent to the current senior citizen center, and is now occupied by the Barstow Police Department Annex. This property has the following legal description:
'Lot 4, Tract No. 10498, as per map recorded November 1, 1978 in Book 144 of Maps, pages 5 and 6, in the Office of the County Recorder of said county! On June 18, 1990 the City and the Barstow Senior Citizen Center's predecessor organization, Mojave Valley Senior Citizen's Club, entered into a lease agreement to lease land from the City for additional parking for the senior citizen center. This property is adjacent to the current senior citizen center and is now occupied by Chaparral Physical Therapy. This property has the following legal description:
'Lot 2, Tract No. 10498, as per map recorded November 1, 1978 in Book 144 of Maps, pages 5 and 6, in the Office of the County Recorder of said county Our records show that these leases were abandoned by the Barstow Senior Citizen Center's predecessor and are no longer in effect as they are currently owned and occupied by third parties. Accordingly, we advise you that these leases are terminated and have no legal force or effect. This letter has no impact on the lease of the Senior Citizen Center at 555 Melissa Avenue which a new lease has been approved by the City Council and is attached for your signature. Please sign and return the new agreements. A fully executed agreement will be returned to you. Should you have any questions, feel free to contact me at (760) 255-5122."
Sincerely,
*
SEPT. 30, 1847
GoAnne V. Cousino, City Clerk
220 East Mountain View Street. Suite A • Barstow, California 92311-3859 Ph: 760.256-3531 • Fax: 760.256-1750 • www.barstowca.org • THE CITY O
BARSTOW
CROSSROADS OF OPPORTUNITY
December 21, 2009
Barstow Senior Citizen Center
Attention: President
555 Melissa Avenue
Barstow, CA 92311
RE: LEASE AGREEMENT AND PROFESSIONAL SERVICES AGREEMENT FOR THE BARSTOW SENIOR CITIZEN CENTER AT 555 MELISSA AVENUE Dear Mr. Eason:
Enclosed please find one (1) fully executed original lease agreement and one (1) fully executed original professional services agreement for the operation of the Barstow Senior Citizen Center for your records.
Should you have any questions regarding these agreements, please don't hesitate to call my office at (760) 255-5122.
Sincerely, STOR BARTON
* *
BEPT. 30, 1047
Municipal Records Supervisor
City of Barstow
Enc: One (1) Fully Executed Original Lease Agreement and One (1) Fully Executed Original Professional Services Agreement for the Barstow Senior Citizen Center
220 East Mountain View Street, Suite A • Barstow, California 92311-3839 Ph: 760.256-3531 • Fax: 760.256-1750 • www.barstowca.org