POINT ARENA CITY COUNCIL
AGENDA ITEM SUMMARY
AGENDA ITEM: X B
MEETING DATE: 7/25/2023
TITLE
Agreement with Coastal Seniors for Use of Veteran’s Building
RECOMMENDED ACTION
Approve agreement with Coastal Seniors
ANALYSIS
After much time negotiating, the City has reached agreement with Coastal Seniors (CS) for the use of the Veterans Building. In the past, there was no written agreement with Coastal Seniors toward rent or utilities. The prior County MOU only allowed use of the kitchen facilities on a scheduled basis. Additionally, the City has footed the bill for utility expenses since CS began using the facility in the early 2010’s.
Coastal Seniors originally paid $250 per month for use of the building. That was raised to $600 per month in 2021 to recoup some of the utility costs with the understanding a new agreement would be reached.
This agreement would see Coastal Seniors pay $1200 per month for the use of the kitchen facilities and administrative offices (see attached map). The Seniors will utilize approximately 1500 sf at $.80 a square foot; 100% of their electricity bill; 90% of the water bill; and 80% of the propane bill.
With this agreement and the relocation of administrative offices, the City will be in a better position to begin utilizing the main hall for events and rentals.
FISCAL IMPACT
$14,400 in rental revenue and approx. $600.00 per month in utility costs. There is potential long-term revenue from renting the hall for events.
ATTACHMENTS
Proposed Agreement with Coastal Seniors
CITY MANAGER SIGNATURE
_________________________________
Paul Andersen, City Manager
10070-0001\1428937v3.doc
FACILITY LEASE AGREEMENT
POINT ARENA VETERANS BUILDING
1. RECITALS
A. City is the owner of fee title to certain real property located at 24000 South Highway One, also known as 451 School Street, in Point Arena, Mendocino County, California more particularly described on Exhibit “A” hereto (the “Land”).
B. Premises desired to be leased are the kitchen, storage space, and administrative offices consisting of 1504 square feet, that are depicted on the site plan attached hereto as Exhibit “B” (the “Premises”).
C. The Tenant desires, at its cost, to develop, maintain, and manage the kitchen facilities.
In consideration of the mutual covenants, conditions and agreements contained herein to be done, kept and performed, City and Tenant hereby agree as follows:
2. LEASED PREMISES
City hereby leases the Premises to Tenant and Tenant hereby leases the Premises from City, on the terms and conditions hereinafter set forth in this Lease without representation or warranty, express or implied.
3. TERM OF LEASE; EXTENSION; TERMINATION
A. Term. The term of this Lease shall commence on August 1, 2023, and shall expire on July 31, 2025, unless sooner terminated as provided herein.
B. Option to Extend. Provided that Tenant shall not be in default or breach of any term of this Lease, by Tenant may extend the term of this Lease by two (2) calendar year by written notice to the City given at least ninety (90) days prior to the expiration of the original (or extended) term hereof, on the same terms and conditions of this Lease, provided that in no event shall the initial term plus any extensions exceed a term of three (3) years.
C. Termination. This Lease may be terminated by either party, without cause, upon ninety (90) days written notice to the other party.
4. RENT & UTILITIES
A. Tenant shall pay to the City rent in the amount of $1200 per month on or before the 5
th day of the month. Rent shall be payable in lawful money of the United States to the City at the address stated herein for notices, or to such other person or such other place as the City may designate to Tenant in writing. 2 B. Tenant shall be responsible for paying a portion of building utilities, including electricity, water, amd propane gas. Tenant shall pay 100% of the power for meter #1008730545, 90% of water service, and 80% of propane gas. City shall present a monthly invoice of itemized utility costs.
C. Additional utilities, such as cable, internet, and phone, are full responsibility of Tenant and shall be set-up independently by Tenant. Upon termination of lease agreement, Tenant will ensure service for any additional utilities are properly cancelled/terminated.
5. TENANT LEGAL STATUS
Tenant shall maintain in good standing its non-profit status at all times during the term of this Lease, and shall not allow any for-profit use of the Premises, without the prior written consent of City.
6. USE OF PREMISES
A. Tenant shall use the Premises for cooking congregate meals, senior lunches, the Meals on Wheels program, and a monthly food bank. Coastal Seniors shall also have use of a designated area for administrative offices.
B. Tenant Signs. Tenant may, at Tenant’s sole cost and expense, place signs on and within the Premises which incorporate Tenant’s name, together with City’s names for the Premises. All such signs placed on the Premises shall be approved by the City prior to their installation, and must be in compliance with City ordinances and regulations.
C. Prohibited Activities. Tenant may not do any of the following on the Premises:
1) Conduct or permit any type of unlawful conduct on the Premises; or 2) Allow the consumption or sale of alcohol in or outside of the Premises without proper insurance, security and required licensing.
7. COMPLIANCE WITH GOVERNMENTAL REGULATIONS.
A. Compliance With Law. Tenant shall comply with all applicable laws and obtain all governmental licenses, permits and approvals necessary for its operation of the Premises. Tenant shall defend, indemnify and hold the City and its elected officials, employees and agents from and against any and all liabilities, claims, losses, costs, expenses, penalties, and/or damages which result from Tenant’s failure to comply with this requirement.
B. Non-Discrimination. Tenant shall not discriminate in the use of the Premises or in its operations thereon, including, but not limited to, membership, administration, and/or employment, against any person or class of persons by 3 reason of race, color, creed, national origin, religion, age or sex or for any other reason prohibited by law.
C. Drug Free Workplace. Tenant shall at all times observe and comply with the City’s Drug Free Workplace policy, as that policy may in the future be amended, and a copy of which Tenant acknowledges having received from City.
8. CONDITION OF PREMISES
A. Tenant’s leasehold estate in the Premises is and shall be subject to all matters of record, all matters visible upon a detailed inspection of the Premises, and any matters disclosed or known to Tenant, and subject to the provisions of this Lease.
B. City represents that (1) it is the owner in fee simple of the Premises; (2) the use of the Premises as set forth in this Lease does not violate any restrictions applicable to the Premises; (3) the use of the Premises as set forth in this Lease is a use permitted upon the Premises by the applicable zoning requirements, subject to issuance of applicable permits and approvals; and (4) this Lease has been approved as required by law.
C. Tenant and the persons executing this Lease on behalf of Tenant represent that:
(1) this Lease has been approved by all persons and boards required to approve it within the corporate or other organizational structure of Tenant; and (2) the persons executing this Lease on behalf of the Tenant are duly authorized to do so.
D. Tenant hereby accepts the Premises and accepts this Lease subject thereto and to all matters disclosed thereby.
9. ALTERATIONS AND ADDITIONS
A. Alterations and Additions. Tenant shall make no alterations, additions or improvements to the Premises, except for non-structural work, without City’s prior written consent. City shall not unreasonably withhold such consent to nonstructural work.
B. Mechanic’s Liens. To the extent Tenant performs any work on the Premises, Tenant shall promptly pay or cause to be paid, all money due and payable for and on account of the construction, repair, restoration, replacement, or improvement done by or on behalf of Tenant to or on the Premises. Tenant shall indemnify, defend and keep and hold City and the Premises free and harmless from any and all mechanics’, materialmen’s, contractors’ and sub-contractors’ liens arising from or growing out of the aforesaid work.
C. Ownership of Improvements/Alterations. All alterations, improvements or additions which are made on the Premises by the Tenant shall become the property of the City and shall remain upon and be surrendered with the Premises at the expiration of the term of this Lease. Upon expiration of this Lease, or earlier termination thereof, the Premises (and any alterations or additions thereto) 4 shall be free, clear and unencumbered, and Tenant shall defend and indemnify City against any future claims, liabilities, losses, costs and damages arising in connection with any encumbrance placed upon or allowed to be placed upon the Premises by Tenant. Notwithstanding the above, this paragraph shall not apply to Tenant’s trade fixtures, furniture, equipment and other machinery, which are not affixed to the Premises in a manner so that they cannot be removed without material or structural damage to the Premises, which shall remain the property of the Tenant and may be removed by the Tenant on or before the expiration of the term of this Lease, but Tenants’ property shall not include the items listed in Exhibit “C” which shall remain on the Premises.
10. UTILITIES
11. MAINTENANCE AND REPAIRS
A. During the term of this Lease, Tenant shall be responsible for all costs associated with routine maintenance of the Premises. The term “routine maintenance” shall mean and include the day-to-day or periodic maintenance activities such as janitorial services, which are intended to maintain the Premises in a sanitary and clean manner, and such that it will not deteriorate from its condition prior to Tenant’s occupancy, with normal wear and tear excepted.
B. City shall pay the direct costs of (and perform) landscaping and major or structural maintenance of the Premises, as deemed appropriate by City.
C. If Tenant fails to perform Tenant’s obligations as stated herein, City may elect to perform any obligation of Tenant pursuant to this Section at Tenant’s cost and expense following ten (10) days’ written notice delivered to Tenant and opportunity to cure as set forth in this Lease. The election by City shall not constitute a waiver of any right or remedy for Tenant’s default. Tenant shall reimburse City for the cost and expense it incurred in the performance of Tenant’s obligation within thirty (30) days of City’s request for payment.
12. INDEMNIFICATION AND HOLD HARMLESS
A. The Tenant shall indemnify, defend (with legal counsel approved by City, which such approval by City shall not be unreasonably withheld) and hold harmless City and its elected and appointed officials, officers, employees, servants and agents from and against all claims, actions, liabilities, losses, damages, costs, attorneys’ fees and other expense(s) of any nature for loss or damage to property, or injury to or death of persons, arising in any manner whatsoever, directly or indirectly, by reason of this Lease or the use or occupancy of the Premises by Tenant or the delivery by Tenant of food to other locations (collectively “Claim(s)”), whether the Claim be made during the Lease term or thereafter, except such loss, damage, injury or death caused by the sole or active negligence of City or any of its elected and appointed officials, officers, employees, servants or agents. The liability of Tenant hereunder shall not be limited by the insurance provisions of this Lease. 5 The indemnification, legal defense and hold harmless provisions of this Section shall survive the expiration or termination of this Lease and shall relate back to all periods of Tenant’s previous possession of the Premises.
B. Additionally, Tenant shall indemnify, defend with legal counsel approved by City (which such approval shall not be unreasonably withheld) and hold harmless City and its elected officials, officers, employees, servants and agents from and against any and all claims, actions, liabilities, losses, damages, costs, attorneys’ fees and other expenses of any nature including, without limitation, all foreseeable and all unforeseeable consequential damages, directly or indirectly arising out of (a) the presence, use, generation, storage, release or disposal of Hazardous Materials on the Premises, except for those present on the Premises as of the Initial Occupation Date, which were not caused by Tenant during Tenant’s occupancy of the Premises, or which may be placed on the Premises by City or City’s employees, agents or contractors after the date of this Lease, and (b) any required or necessary repair, cleanup, or detoxification, and the preparation of any response, remediation, closure or other required plans, to the full extent that such action is attributable, directly or indirectly, to the presence, use, generation, storage, release, or disposal of Hazardous Materials on the Premises.
C. The provisions of this Section shall survive the expiration or termination of this Lease and shall relate back to all periods of Tenant’s and City’s previous ownership or possession of the Premises. The provisions of this Section are intended to operate as an agreement pursuant to Section 107(e) of CERCLA, 42 U.S.C. Section 9607(e), and Health and Safety Code Section 25364 to insure, protect, hold harmless and indemnify Tenant and City from any liability pursuant to such laws.
13. LIABILITY INSURANCE
A. Tenant shall procure and maintain for the duration of this Lease, at its own cost and expense, insurance against claims for injuries to persons or damages to property which may arise from or in connection with Tenant’s use or occupancy of the Premises, or from Tenant’s disuse or condition of the Premises.
B. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Insurances Service Office Commercial General Liability coverage (occurrence form CG 0001), including a provision providing for a comprehensive broad form of contractual liability, including leases. 2) Insurance Services Office form number CA 0001 covering Automobile Liability, code 1 (any auto).
3) Worker’s Compensation insurance as required by the State of California and Employer’s Liability Insurance.
4) Property Insurance for Tenants Improvements & Betterments 6 Property insurance on a “special form” or “all risks” basis.
Minimum Limit: the full current replacement cost of the Improvements & Betterments.
C. Minimum Limits of Insurance. Tenant shall maintain limits no less than:
1) General Liability: One Million Dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Premises or the general aggregate limit shall be twice the required occurrence limit.
2) Automobile Liability: One Million Dollars ($1,000,000) per accident for bodily injury and property damage.
3) Employers Liability: 1,000,000 per Accident; 1,000,000 Disease per employee; 1,000,000 Disease per policy
D. Increases in Coverage. The amount of insurance coverage described in Subsection D shall be reviewed and may be increased every three (3) years on the anniversary of the Lease Commencement Date in such an amount as the City may reasonably determine based upon inflation, increased liability awards, recommendations of professional insurance advisors and other factors customarily used to determine appropriate levels of coverage of the insurance required by this Lease. City shall provide written notice to the Tenant at least sixty (60) days prior to the date of any proposed increase in insurance coverage requirements. If the Tenant disagrees with the City’s determination of the increase in coverage, the City and Tenant shall meet and confer in good faith with each other in order to resolve their difference and reach agreement as to the increase, provided, however, the final decision as to the increase in insurance coverage shall be made by the City pursuant to this subsection.
E. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees agents and volunteers; or the Tenant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
F. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or shall be endorsed to contain, the following provisions:
1) The City, its officers, officials, employees, agents and volunteers are to be covered as additional insureds as respects: liability arising out of activities 7 performed by or on behalf of the Tenant; products and completed operations of the Tenant; premises owned, occupied or used by the Tenant; or vehicles owned, leased, hired or borrowed by the Tenant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, agents, employees or volunteers. 2) For any claims related to this Lease, the Tenant’s insurance coverage shall be primary insurance as respects the City, its officers, officials, agents, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, agents, employees or volunteers shall be excess of the Tenant’s insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, agents, employees or volunteers. 4) Tenant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
5) Tenant shall provide ten (10) days written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self insured retention is increased.
G. Verification of Coverage. Prior to entering the Premises, Tenant shall furnish the City with original endorsements effecting coverage required by this Section. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided or approved by the City. All endorsements are to be received and approved by the City before this Lease takes effect.
14. ASSIGNMENT AND SUBLETTING
Tenant shall not assign nor sublet this Lease or the Premises, without the prior written consent of the City.
15. MORTGAGES AND OTHER ENCUMBRANCES
Tenant shall not mortgage, hypothecate or otherwise encumber or cause any liens to be placed upon the Premises.
16. DEFAULT
A. Except as otherwise provided in this Lease, at any time one party is in default or breach of any provision of this Lease, the other party may give written notice to remedy such default or breach. If, (1) such default or breach is not remedied within thirty (30) days after said notice, or (2) if the nature of the default or 8 breach is such that it cannot reasonably be cured within thirty (30) days after the notice and the defaulting party fails to commence to cure within the thirty (30) day period or thereafter fails to diligently prosecute the cure to completion, then the non-defaulting party may, at its option, terminate this Lease and shall also be entitled to such damages or other remedies at law or in equity are available to either party because of such default or breach. In the event of such termination, City may take possession of the Premises without further notice to Tenant.
Termination of this Lease pursuant to this Section shall not be considered a waiver of damages or other remedies at law or in equity available to either party because of such default or breach. Each term and condition of this Lease shall also be deemed to be a covenant.
B. A waiver by either party of any default or breach by the other party of any provision of this Lease shall not constitute or be deemed to be a waiver of any subsequent or other default or breach. No waiver shall be binding, unless executed in writing by the party making the waiver; waivers on behalf of City shall only be given by resolution of the City Council. No waiver, benefit, privilege, or service voluntarily given or performed by either party shall give the other party any contractual right by custom, estoppel, or otherwise. The subsequent acceptance of rent pursuant to this Lease shall not constitute a waiver of any preceding default by Tenant other than default in the payment of the particular rental payment so accepted, regardless of City’s knowledge of the preceding breach at the time of accepting the rent; nor shall acceptance of rent or any other payment after expiration or termination constitute a reinstatement, extension, or renewal of the Lease or revocation of any notice or other act by City.
C. The making by Tenant by any general assignment, or general assignment for the benefit of creditors; the filing by or against Tenant of a petition to have Tenant adjudged a bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy unless the same is dismissed within sixty (60) days; the appointment of a trustee or receiver to take possession of substantially all of Tenant’s assets located at the Premises or of Tenant’s interest in the Lease, where possession is not restored to Tenant within thirty (30) days; or the attachment, execution or other judicial seizure of substantially all of Tenant’s assets located at the Premises or of Tenant’s interests in the Lease, where such seizure is not discharged within thirty (30) days; shall constitute a default under this Lease.
D. City’s Remedies. City shall have the following remedies if Tenant is in default or breach of the Lease, following notice and opportunity to cure, as set forth hereinabove:
1) City may continue this Lease in full force and effect, and the Lease will continue in effect so long as City does not terminate Tenant’s right to possession, and the City shall have the right to the continued performance of Tenant of all of Tenants obligations and duties under this Lease, and to collect rent when due.
9 2) No act by City other than giving written notice to Tenant shall terminate this Lease. Acts of maintenance, efforts to relet the Premises, the appointment of a receiver at City’s initiative to protect City’s interest in this Lease shall not constitute a termination of Tenant’s right to possession.
17. SUBORDINATION
A. Except as provided in Subsection B of this Section, this Lease and all of Tenant’s rights in this Lease shall be subject and subordinate to any mortgage, deed of trust, ground lease, or other instrument of encumbrance (collectively referred to in this Section as a “security instrument”) that is now or hereafter placed against any part of the real property on which the Premises are located. On written request of the holder of any security instrument (“Lender”) or City, Tenant shall execute, acknowledge, and deliver any documents evidencing subordination that the Lender or City may reasonably request. For each security instrument, the Lender shall agree in writing that, in the event of a default under the security instrument, Lender shall not terminate this Lease and shall not disturb Tenant=’s right to possession under this Lease, provided Tenant is not then in default under this Lease and continues thereafter to fully perform all of its obligations under this Lease.
B. Notwithstanding the provisions of Subsection A of this Section, any Lender may subordinate its security instrument to this Lease by executing and recording a written document subordinating its security instrument to this Lease as provided in the document. In that case, this Lease shall be deemed prior to the security instrument as provided in the document, without regard to the execution, delivery, or recording dates of the subordination document or the security instrument.
Subordination of a security instrument described in this subsection shall not require the consent of Tenant, but Tenant agrees to execute and deliver, in record able form, any instrument requested by Lender or City to confirm or acknowledge the subordination.
18. SURRENDER OF PREMISES AT END OF TERM
On the last day of the term hereof, or on any sooner termination, Tenant shall surrender the Premises to the City in good condition, broom clean, ordinary wear and tear excepted.
Tenant shall repair any damage to the Premises, and furnishings provided by City, occasioned by Tenant’s use thereof, or by the removal of Tenant’s trade fixtures, furnishings and equipment, which repair shall include the patching and filling of holes and repair of structural damage. Tenant may remove all of its personal property and fixtures on the Premises prior to the expiration of the term of this Lease, so long as Tenant continues to perform its service obligations in accordance with the requirements hereof.
10 19. GENERAL PROVISIONS
A. Attorneys’ Fees. In the event that any action is brought by either party hereto as against the other party hereto for the enforcement or declaration of any right or remedy in or under this Lease or for the breach or enforcement of any covenant or condition of this Lease, the prevailing party shall be entitled to recover reasonable attorneys’ fees and litigation costs from the other party.
B. Waiver.
1) No waiver of any breach of any of the terms, covenants, agreements, restrictions or conditions of this Lease shall be construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions and conditions hereof.
2) City’s consent to or approval of any act shall not be deemed to render unnecessary the obtaining of City’s consent to or approval of any subsequent act by Tenant. The acceptance of rent hereunder by City shall not constitute a waiver of any preceding breach by Tenant of any provision hereof, other than the failure of Tenant to pay the particular rent so accepted, regardless of City’s knowledge of such preceding breach at the time of its acceptance of such rent.
C. Lease Binding on Successors and Assigns.
1) Subject to the limitations on assignment, each of the terms, covenants and conditions of this Lease shall extend to and be binding on and inure to the benefit of not only City and Tenant, but to each of their respective successors and assigns. Whenever in this Lease reference is made to either City or Tenant, the reference shall be deemed to include, whenever applicable, the legal representatives, successors and assigns of each of the parties, the same as if they were in every case expressed. 2) The term “City” or “Landlord” as used in this Lease shall mean only the owner or owners of the fee title to the Premises at the time in question, or a lessee’s interest in a ground lease of the Premises. In the event of any transfer of such title or interest, Landlord herein named (and in case of any subsequent transfers to the then successor) shall be relieved from and after the date of such transfer of all liability in respect to that Landlord’s obligations thereafter to be performed. The obligations contained in this Lease to be performed by the City shall be binding upon the landlord’s successors and assigns, only during their respective periods of ownership.
D. Entry by City; Inspection. City reserves the right for City and City’s agents and representatives to enter upon the Premises at any reasonable time and after reasonable notice to Tenant for the purpose of inspecting the Premises, to examine the condition thereof, including their environmental condition; showing the same to prospective purchasers, tenants or lenders; making such alterations, 11 repairs, improvements or additions to the Premises, as City deems reasonable or necessary; or attending to City’s business and City’s interest hereunder, as City may deem necessary or desirable. City may, at any time during the last ninety (90) days of the term of this Lease, place any ordinary “For Sale or Lease” signs on the Premises, without rebate of rent or liability to Tenant.
E. Relationship of the Parties. The relationship of the parties hereto is that of landlord and tenant, and it is expressly understood and agreed that City does not in any way, nor for any purpose, become a partner of Tenant or a joint venturer with Tenant in the conduct of Tenant’s business, or otherwise.
F. Incorporation of Prior Agreements. This Lease supersedes all prior agreements between Landlord and Tenant regarding the Premises. This Lease contains all agreements of the parties with respect to any matter mentioned herein. No prior agreement or understanding pertaining to any such matter shall be effective. This Lease may be modified only in writing, and signed by the parties in interest at the time of such modification.
G. Time of Essence. Time is expressly declared to be of the essence of this Lease.
Each term and each provision of this Lease, performable by Tenant, shall be construed to be both a covenant and a condition.
H. Quitclaim. At the expiration or earlier termination of this Lease, Tenant shall execute, acknowledge and deliver to City, within five (5) days after written demand from City to Tenant, any quitclaim deed or other document deemed necessary or desirable by City’s counsel to remove any cloud of this Lease from the real property subject hereto and terminate of record the memorandum described in Section 24 below.
I. Construction of Lease. The language in all parts of this Lease shall, in all cases, be construed as a whole and in accordance with its fair meaning and not restricted for or against either City or Tenant. The captions of the sections and subsections of this Lease are for convenience only and shall not be considered or referred to in resolving questions of construction.
J. “City” and “Tenant”. The words “City” and “Tenant “, wherever used herein, shall be applicable to one or more persons, as the case may be; the singular shall include the plural; the neuter shall include the masculine and feminine; and, if there be more than one, obligations thereof shall be joint and several. The word “person,” whenever used herein, shall include individuals, firms, associations and corporations. Whenever in this Lease any words denoting undertaking, covenant or duty are used, such words shall have the same force and effect as though made in the form of conditions.
K. Choice of Law; Venue. This Lease shall be governed by the laws of the State of California, with venue for any legal actions which may be brought by either party against the other party in the County of Mendocino, California. 12 20. NOTICES
Any notice to be given or other document to be delivered by either party to the other hereunder may be delivered in person to either party, or may be deposited in the United States mail, in the State of California, duly certified, with postage fully prepaid and addressed to the party for whom intended as follows:
TO CITY: City Manager
City of Point Arena
PO Box 67
Point Arena, CA 95468
(707) 882-2122
TO TENANT: Coastal Seniors, Inc.
PO Box 437
Point Arena, CA 95468
(707) 882-2137
Attention: Director
Either party hereto may, from time to time, by written notice to the other party, designate a different address which shall be substituted for the one above specified. If any notice or other document is sent by certified mail, as aforesaid, the same shall be deemed served or delivered on the third business day after the mailing thereof, as above provided.
21. AMENDMENTS
A. Integration. This Lease may not be modified or amended except in a writing duly approved and signed by all of the parties hereto. Both parties agree that no estoppel argument can be raised during legal proceedings in order to avoid the provisions of this Section.
22. SEVERABILITY
If any provision of this Lease shall be adjudged to be invalid, void or illegal, it shall in no way affect, impair or invalidate any other provision(s) hereof, the parties hereby agreeing that they would have entered into the remaining portion of this Lease notwithstanding the omission of the portion or portions adjudged invalid, void or illegal.
23. COUNTERPARTS
This Lease may be executed in any number of counterparts, each of which, when executed and delivered, shall be deemed to be an original, and all of which, taken together, shall be deemed to be one and the same instrument. 13 IN WITNESS WHEREOF, the parties hereto have executed this Lease on the date and year first above written.
CITY OF POINT ARENA
City Manager
ATTEST:
Deputy City Clerk
APPROVED AS TO FORM:
City Attorney
Coastal Seniors, Inc., a California nonprofit corporation By:
Name:
Title:
15 EXHIBIT A
Legal Description of Premises and APN
The most Northerly 200.00 feet as measured at right angles to the North line of the following described real property.
A portion of fractional Section 12, Township 12 North, Range 17 West, Mount Diablo Meridian, situate in the County of Mendocino, State of California, and more particularly described as follows:
COMMENCING at an iron pipe at the Southeast corner of land of Arnold L. Ormsbee and Kathleen E. Ormsbee, as shown on the Record of Survey recorded August 17, 1953, in Map Case 1, Drawer 9, Page 147, Mendocino County Records; thence from said point of commencement North 21° 22’ 50” West, 241.49 feet to the point of beginning; thence from said point of beginning North 34° 53’ 10” West, 195.84 feet to a point; thence North 54° 17’ 30” West, 448.61 feet to a ¾ inch iron pipe; thence South 88° 02’ 40” West, 274.28 feet to a ¾ inch iron pipe; thence South 0° 39’ 10” West, 488.8 feet to a point; thence North 84° 34’ 10” East, 760.0 feet, more or less, to the point of beginning.
16 EXHIBIT B
Site Plan of Facility
20000 S Highway 1 / 451 School Street, Point Arena, CA
LEASED PREMISES