HomeMy WebLinkAboutAgenda Report - October 18, 2006 E-08AGENDA ITEM TV?
CITY OF LONDI
COUNCIL COMMUNICATION
TM
AGSM* TITLE: Authorize City Manager to execute a land lease with the Community Partnership
for Fa"lies of San Joaquin for construction of a Family Resource Center at
Blakely Park
MEETNIx DATE: October 18, 2006
PREPAOE@ BY: City Manager
RECONWENDED ACTION: Authorize City Manager to execute a land lease with the Community
Partnership for Families of San Joaquin for construction of a FarvVy
Resource Center at Blakely Park.
SAC KOPOUND IWORMATiON: On August 2, 2006, the Lodi City Council authorized the City
Manager to negotiate a land lease with the Community Partnership for Families of San Joaquin for the
construation of a Family Reltource Center at Blakely Park. The agreement (Exhibit A) stipulates the
terms of the land lease, which are summarized as follows:
• The term of the lease shell be for a period of 55 years commencing November 1, 2006 and ending
November 1, 2061 at a rate of $1.00 per year.
• The facility will consist of approximately 5,000 square feet (more or less).
• Seryces and programs coordinated at the site will include a financial literacy program, volunteer
income tax services, adult literacy, library services, public health home visiting programs, child
protective services, employment specialists, tutors probation, mental health, gang outreach, parent
advocates, and others.
• The agreement restricts the provision of services treating mental health of substance addiction clients
to no more than 50 percent of its offering at any time and specifically prohibits its use as a residential
shelter, excepting the provision of local aid during a declared emergency.
• Simftr to the City's agreement with the Lodi Boys and Girls Club, CPF is prohibited from any
assignment or subletting of the facility without the prior written consent of the City. This stipulation
has recently been brought to the attention of Lodi Boys and Girls Club President Mr. Jones. The City
Manager has received verbal confirmation that the Club is not contemplating a replacement tenant at
this time.
• In the event of a partial destruction of the Premises during the term of this Lease, from any cause
whatsoever, CPF shall repair all damages at its own expense within 60 days from the date of loss. In
the event CPF opts to abandon the Lease, all improvements remaining shall become property of the
City.
FISCAL IMPACT: The park space that the CPF facility would occupy represents a lost opportunity
cost. The project offers the City the prospect of sharing in the construction cost of a new restroom. The
Public Works Department will provide 40 hours of in-kind project management assistance.
APPROVED:
Blair ity Manager
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Blair King
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GROUND LEASE
COMMUNITY PARTNERSHIP FOR FAMILIES OF SAN JOAQUIN
THIS LEASE AGREEMENT ("Lease"), entered into this day of ,
2006, by and between the CITY OF LODI, a municipal corporation ("City"), and the
Community Partnership for Families of San Joaquin ("CPF") shall be as follows:
WHEREAS, the purpose of this agreement is to allow the construction and
operation of a Family Resource Center ("FRC") by CPF on land owned by the City; and
WHEREAS, the proposed relationship and arrangement described herein are in
the best interests of the City, CPF and the people of Lodi by combining the efforts of
both local government and the private sector; and
WHEREAS, CPF'S construction of this facility on City land will provide long term
tangible benefits to the citizens of Lodi by assuring them of a place to obtain community
services from public and private aid agencies.
NOW, THEREFORE, BE IT AGREED AS FOLLOWS:
DEMISED PREMISES.
The premises demised hereunder consists of approximately 5,000 square feet
(more or less) building to be commonly known as the Community Partnership for
Families Family Resource Center which will be located in the southeast corner of City
property commonly known as Blakely Park. The premises is identified more particularly
in the diagram attached hereto as Exhibit A and incorporated herein as if fully set forth
(hereinafter the "Premises").
2. CONSTRUCTION OF FACILITIES.
CPF agrees to construct a FRC on the Premises. CPF agrees to complete the
building shall within 24 months following groundbreaking, which is estimated to begin in
early 2008. Further, CPF agrees to complete the interior finishes and equipping of the
FRC within 24 months after groundbreaking ("Construction Period"). Prior to
commencement of construction of the building shell, CPF shall provide proof that it has
the finances to complete construction of the building shell to the City's reasonable
satisfaction. Failure of CPF to complete construction within the above time limits shall
be deemed a material breach of the lease.
3. USES ALLOWED.
CPF agrees that it will use the FRC constructed under the provisions of this
Lease to provide a central location for public and private aid agencies to provide
services, and events of general interest to the Lodi community at large. Services
coordinated at the site will include financial literacy programs, volunteer income tax
services, adult literacy, library services, public health home visiting programs, child
protective services, employment specialists, tutors, probation, mental health, gang
outreach, parent advocates, school councilors, and others. At no time during the
provision of services at the facility shall the percentage of those services treating mental
health or substance addiction clients constitute more than fifty (50) percent of programs
offered. Use of the facility as a residential shelter is prohibited, excepting the provision
of local aid during a declared emergency.
4. TERM.
The term of this Lease shall be for a period of fifty-five (55) years commencing
November 1, 2006 and ending November 1, 2061, pursuant to the provisions of
Government Code Section 37380.
5. RENT.
Rent for the demised premises shall be one dollar ($1.00) per year for the entire
term of this lease, payable in one lump sum on the first day of November 2006.
6. RELOCATION OF EXISTING FACILITIES.
An elevation plan is attached as Exhibit B. CPF agrees to relocate or reimburse
City to relocate the improvements, facilities, and landscaping set forth on Exhibit B
attached hereto.
7. OWNERSHIP OF IMPROVEMENTS UPON TERMINATION OR EXPIRATION
OF LEASE.
It is agreed between the parties that upon the expiration or termination of this
Lease, the parties shall in good faith attempt to renegotiate an agreement to continue
similar uses to those specified in Section 2 above. If mutual agreement is not possible,
following a reasonable attempt to reach agreement, the City agrees it shall use its best
efforts to use the FRC for the purposes set forth in Section 3 above. However, upon
surrender, termination or expiration of this Lease, ownership of the FRC shall vest in the
City. CPF shall have the right to remove all personal property at termination of this
Lease.
8. USE OF FACILITIES BY CITY.
After contacting CPF and obtaining their approval, the City may use the FRC at
reasonable times, provided that (1) CPF is not otherwise using the FRC space, and (2)
the City's uses of the FRC are consistent with the uses set forth in Section 3 above. As
consideration for such use, City shall pay to CPF a reasonable fee covering costs of
operation and maintenance as reasonably determined by CPF.
9. ABANDONMENT/CESSATION OF USE BY CPF.
Following the Construction Period, any cessation of use by CPF for a continuous
period of three hundred sixty (360) days or more shall allow City, within its discretion, to
operate the FRC upon notice to CPF. In the event of the City's declaration of
abandonment or cessation of use, CPF can cure such default and resume operations by
2
demonstrating that it has on hand the projected operating cost for a twelve (12) month
period.
In the event of cessation or abandonment of operations under this Lease for a
period of twelve (12) continuous months, the City may declare, after notice to CPF, the
Lease null and void within its sole discretion. Additionally, the parties hereto may
mutually agree at any time that the City may assume operation of the FRC.
10. MAINTENANCE OF FACILITIES.
CPF shall be responsible to pay for all utilities and the interior and exterior
maintenance of the FRC erected on the Premises. City shall be responsible for the
maintenance and upkeep of the balance of Blakely Park exclusive of landscaping
installed by CPF in conjunction with construction of the FRC, interior walkways, parking
lot and CPF playground. After notice by City to CPF and a reasonable response time,
City shall have the right to enter onto the premises for the purpose of performing any
necessary maintenance for the preservation of the health or safety of Park users or the
public, should CPF fail or refuse to do so. CPF agrees that it shall make all reasonable
efforts to keep the FRC free of graffiti.
11. INSURANCE.
Lessee is required to carry a policy of Comprehensive General Liability insurance
in compliance with all of the provisions of the "Risk Transfer Requirements For Lease or
Use of City of Lodi Facilities, attached hereto as Exhibit "C" and incorporated herein by
reference.
12. HOLD HARMLESS.
City and CPF hereby agree to save, defend and hold harmless the other for any
suit or cause of action arising exclusively from the negligence or alleged negligence of
the indemnifying party, its agents, officers and employees, including reasonable
attorneys' fees.
13. TERMINATION/SURRENDER.
Lessee may at any time after completion of construction under this Lease
terminate or surrender such Lease with the written consent of City upon six (6) months'
written advance notice. Otherwise, Lessee shall not vacate, abandon, terminate nor
surrender the Premises at any time during the term hereof and if Lessee shall abandon
or vacate the Premises, or be dispossessed by process of law or otherwise, all personal
property belonging to Lessee left upon the Premises shall be deemed abandoned at the
option of City.
14. NO ENCUMBRANCE BY LESSEE OF REAL PROPERTY.
Lessee shall in no way encumber, mortgage or hypothecate nor pledge as
security for any debt all or any portion of the Premises demised hereunder except with
the written consent of City. CPF shall have the right to encumber the improvements on
the Premises from time to time during the term of this Lease.
15. DESTRUCTION OF PREMISES.
In the event of a partial destruction of the Premises during the term of this Lease,
from any cause whatsoever, CPF shall forthwith repair all damages at its own expense,
commencing within sixty (60) days from the date of loss or destruction. In the event that
CPF does not within sixty (60) days from the date of loss or destruction commence
repairs or reconstruction, as City's sole remedy City may, in writing, deliver to CPF a
demand that within thirty (30) days of such notice, CPF either commence reconstruction
or abandon this Lease. In the event CPF opts to abandon the Lease, all improvements
remaining thereon shall become property of City. This shall in no way be deemed a
waiver of any other legal right by either party hereto.
16. NOTICES.
All notices required under this Lease shall be given in writing, by first-class mail
with postage prepaid to the following addresses:
City shall be: City Manager
P.O. Box 3006
Lodi, California 95241-1910
CPF shall be: Community Partnership for Families of San Joaquin
P. O. Box 244
Lodi, California 95241
17. ASSIGNMENT. SUBLETTING OR USE OF THE PREMISES.
CPF shall not assign this Lease or sublet any portion of the Premises without the
prior written consent of City, which shall not be unreasonably withheld. Any assignment
or subletting without the consent of City shall be void and, at the option of the City.
Further, City shall have the right to approve all public and private aid agencies given use
of the FRC by CPF.
18. APPROVAL OF CONSTRUCTION PLANS BY CITY PRIOR TO
CONSTRUCTION OR REMODEL.
CPF shall, prior to the commencement of construction, reconstruction, or
substantial remodeling of the Premises, submit such plans in advance to the City for
approval.
19. ENTIRE AGREEMENT.
This lease constitutes the entire understanding and agreement between the
parties hereto. There shall be no modifications without the written consent of both
parties. The titles contained in the Lease are provided for convenience only and are not
controlling in any interpretation hereof.
IN WITNESS WHEREOF, the parties hereto have set their hands the day and
year first hereinabove mentioned.
CITY OF LODI,
a municipal corporation
BLAIR KING, City Manager
ATTEST:
RANDI JOHL, City Clerk
APPROVED AS TO FORM:
D. STEPHEN SCHWABAUER
City Attorney
5
COMMUNITY PARTNERSHIP
FOR FAMILIES OF SAN JOAQUIN
By
171
Exhibit B
EXHIBIT C
CITY OF LODI
RISK TRANSFER REQUIREMENTS FOR LEASE OR USE OF CITY FACILITIES
Any individual party or group (hereinafter called Lessee) leasing, renting or
otherwise using City of Lodi facilities, is required to carry a policy of
Comprehensive General Liability insurance, and must complete a formal
application or permit. Processing of applications is handled by the department
responsible for the facility.
2. A duplicate or certificate of insurance shall be delivered to the City 30 DAYS prior
to the use of City facilities.
NOTE: Lessee agrees and stipulates that any insurance coverage provided to
the City of Lodi shall provide for a claims period following termination of coverage
which is as lease consistent with the claims period or statutes of limitations found
in the California Tort Claims Act (California Govt. Code < 810 et seq.).
"Claims made" coverage requiring the insured's to give notice of any potential
liability during a time period shorter than that found in the Tort Claims Act shall
be unacceptable.
3. Each insurance certificate shall contain satisfactory evidence that each carrier is
required to give the City of Lodi immediate notice of the cancellation or reduction
in coverage of any policy during the effective period of the use of the City's
facilities.
4. Each insurance certificate shall state on its face or as an endorsement, the
location or and a description of the function that it is insuring.
5. If the City has not approved the insurance certificate and appropriate application
or permit prior to the commencement of any portion of the function, the City's
facilities will not be allowed to be utilized, and any contract or agreement entered
into will become null and void.
6. Provided the lease agreement or contract does not prohibit a subtenant, all
provisions of these requirements shall apply to and be construed as applying to
any subtenant of the Lessee.
7. All requirements herein provided shall appear either in the body of the insurance
policies or as endorsements and shall specifically bind the insurance carrier.
8. In each and every instance, the City of Lodi must be named as an additional
insured on the face of the insurance certificate or as an endorsement attached to
the insurance certificate. (The City of Lodi, its Elected and Appointed Boards,
Commissions, Officers, Agents and Employees, must be named the additional
insured, not Hutchins Street Square, Parks and Recreation, or another individual
or department).
9. The address of the City of Lodi must be shown along with number 8 above, (i.e.
Additional Insured, City of Lodi, its Elected and Appointed Boards, Commissions,
Officers, Agents and Employees, 221 W. Pine Street, Lodi, Ca. 95240) This
must be the street address NOT the post office box.
10. In addition to the Additional Names Insured Endorsement on Lessee's policy of
insurance, said insurance policy shall be endorsed to include the following
language or reasonable facsimile:
"Such insurance as is afforded by the endorsement for the Additional Insured's
shall apply as primary insurance. Any other insurance maintained by the City of
Lodi or its officers and employees shall be excess only and not contributing with
the coinsurance afforded by this endorsement."
11. The combined single limits for bodily injury and property damage shall not be
less than $1,000,000 each occurrence. If alcohol is to be consumed or sold at
the Lessee's event, then liquor liability coverage must be provided.
12. The Policy effective date and expiration date must coincide with and span the
date(s) of the event being insured.
13. If the limits of coverage are not the amounts specified in Section 10 and 11
above and/or if the City is not named as an additional insured on the insurance
certificate, not in conformance with the requirements of paragraph 2 above, the
City will not accept the insurance certificate, and a corrected certificate must be
furnished to the City prior to any use of City facilities.
14. If a corrected insurance certificate and appropriate application or permit is not
received by the City of Lodi prior to the use of City facilities, the City will not allow
the facilities to be used, and any agreement or contract entered into will become
null and void.
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