HomeMy WebLinkAboutResolutions - No. 2007-02RESOLUTION NO. 2007-02
A RESOLUTION OF THE LODI CITY COUNCIL
APPROVING EXTENSION OF LEASE OF
MAPLE SQUARE, 2 EAST LODI AVENUE
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
approve extension of lease for Maple Square located at 2 East Lodi Avenue, with
Alcoholics Anonymous, in care of Dino Radotic; and
BE IT FURTHER RESOLVED that the extension will be for a period of six (6)
months, January 1, 2007 through June 30, 2007, and all other terms and conditions cf
the lease shall remain the sante.
Dated: January 3,2007
I hereby certify that Resolution No. 2007-02 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held January 3, 2007, by the following
vote:
AYES: COUNCIL MEMBERS — Hansen, Katzakian, Mounce, and
MayorJohnson
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Hitchcock
ABSTAIN: COUNCIL MEMBERS— None
ZAI HL
City Clerk
2007-02
LEASE EXTENSION AGREEMENT
FOR USE OF CITY BUILDING
KNOWN AS MAPLE SQUARE FIREHOUSE
LOCATED AT 2 EAST LODI AVENUE,
LODI, CALIFORNIA
THIS LEASE EXTENSION AGREEMENT, made and entered into this day
Of , 2007, by and between the CITY OF LODI, a municipal corporation,
hereinafter called "Owner," and Dino Radotic, hereinafter called "Lessee."
WITNESSETH:
1. LEASE: Lessee and Owner entered into a lease of the City -owned building,
located at 2 East Lodi Avenue, Lodi, California, for the operation of the Alcoholics
Anonymous program on January 30, 2003, providing that the lease could be
extended by mutual agreement.
2. TERM AND TERMS: The term of this Lease Extension Agreement shall be for a
period of six (6) months, commencing January 1, 2007 and terminating June 30,
2007. The Lease may be extended by mutual agreement and with City Council
approval for an additional term as specified. All other terms will remain as set
forth in the Lease Agreement attached hereto as ExhibitA.
IN WITNESS WHEREOF, Owner and Lessee have executed this Lease
Extension Agreement on the date and year first above written.
CITY OF LODI, a municipal corporation DINO RADOTIC, hereinabove called
hereinabove called "Owner" "Lessee"
BLAIR KING, City Manager
Attest:
RAND! JOHL, City Clerk
Approved as to Form:
JANICE D. MAGDICH, Deputy City Attorney
DINO RADOTIC
�xhibtit A
LEASE AGREEMENT
FOR USE OF CITY BUILDING
KNOWN AS MAPLE SQUARE FIREHOUSE
LOCATED AT 2 EAST LODI AVENUE, LODI, CALIFORNIA
THIS AGREEMENT, mads and entered into this 30t_ day ofJanuarz ,2003. b and
Between tt-se CITY OF t_ODI, a municipal corporation, herein - Owner', y and
Dlrrt:) R:=dntic, hereinafter ;:allea "Lessee."
VVA-INESSETH:
PROPERTIES: That for and in consideration of the renis to be paid. and the covenants to
e faithfully kept and performed by said Lessee, said Lessee does hereby lease from said
Clwner, the City -owned Building located at 2 East Lodi Avenue, Lodi. California for the
t:YperatEon of the Alcoholics Anonymous program, supervised by Lessee.
i ERM: The term of this Agreement shall be for a period cf two (2) years, commencing
.Ianuary 1. 2003 and terminating December 31, 2005. Lease may be extended by mutual
Agreement, and with City Council approval. for an additional term as specified.
i:tENT: In consideration of said Agreement, Lessee agrees to pay to Owner as rent for
the dernised premises $100.00 per month, due and payable by the 1st day of each month.
,,ease payments shall be directed to the City of Lodi. Attn: Fleet and Facilities Manaaer,
Q. Box 3006, Lodi, California, 95241-1910, for processing and shall e pai wit out
orior notice or demand.
USE: The property shall be used solely for the purpose of carrying on the Alcoholics
.i!kronyrnous program, supervised by the Lessee. Use of the facilities for any olher
p, ogram, or sublease of any porton of the facilities. must be preceded by the Owner's
v�--itten pe, rnissicr•:.
it is �urthcr understood and agreed by Lessee that Lessee must comply with at present
P :d Future imus, ordinances, rules. and regulations promulgated by any governmental
a ithornty of competent jurisdiction regulating this type of activity during the tenancy and
L, ,y extension thereof. Lessee shall not allow smoking in the building at any time.
Les ,ee shall use and occupy Said premises in a quiel. lawful. and orderly manner.
IvNS1, i� ag ed that Lessee may post "Hours of Operation" signs on the doors of the
,,uilding. The Fi+1et and Facilities Manager and the Community Development Department
"oust approve ali signs and locations of signs. All costs associated with the purchase and
stallation of si;.tns shall be the responsibility of Lessee.
5 REMEDIES OR DEFAULT: Should Lessee fail to pay any part of the rents herein
_,pecified at the times or in the manner herein provided. or fail to comply with or perform
Amy other of the terms and provisions of this Agreemenl on the part of Lessee to be
performed or complied wilh. then, and in that event, Owner may exercise any and all
remedies provided by law or equity by reason of such default, including the right, at
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owner's option, of tetrninating this Agreement. In any of such events. Owner shall be
entitled to the immediate possession of said premises, and, at its option, may enter Into
and upon said premises without notice to Lessee and exclude Lessee and all persons and
aii property therefrom. and by process of law or otherwise take and resume possession of
�szic Pri raises. Each and all of Owner's remedies shall be construed as cumulative and
o t: of them as exclusive of the other or as exclusive of any remedy provided by law or
T iONSH!P OF PARTIES: it is understood and agreed that the relationship between
i= irke5 is lhot of landlord and tenant and no! as a party or agent of Owner. Lessee,
%Norkes's Compensakor, Ins"france and observe all laws and regulations
�plicaol to emplo',"ers
_ULUINC.c MAINTENANCE: The Lessee is fully responsible for all repairs and
maintenance costs associated with operaling this program. The Owner is responsible to
gee that all building systems are kept in good working condition and properly maintained.
Ovines shall be ,esaonsible for the exterior of the building and any major repairs to
iclacent sicewalks and on-site parking lot. Lessee shall be responsible for the
Entenance of all andscaped areas. Costs associated with unplugging sewer lines,
,o,ird to be piugge4 1:11roug , the fault of the Lessee, its Sub -lessee, or their program
p Js7.:ci; ants, will be paid for by the Lessee; reasonable costs associated with this work,
it cu,,rec by the awr.er, will be invoiced to the Lessee.
4 1 rNANT IMPROVEMENTS: All tenant improvements must be approved by the City of
Lodi prior to those improvements being made, and must pass all governing agency
pet, -r ittinq and licensing requirements. All such improvements, less any unattached
(,, rowre and fixtures, shall become the property of Owner at the conclusion of this Lease
A,�rwernent
F JTIURE WELL St "E' The Owner reserves the right to consider, and use. any portion of
t e dropeny for a future well site. Lessee acknowledges that acceptance of this Lease
.Egreement constitutes agreemen! that the City may conduct activities associated with well
,JtE expioralion, Cigging, construction, and operation. and that Lessee will yield portions of
,r e; property needed fir such activity.
`.S,.; GNMENT AND SUBLETTING: Lessee shall not assign, encumber, convey, or
lnypothr:wat•e this Agreement. in whole or any part without first obtaining the
s'llit'un consent c` Owner Lessee shall be permitted to sublet the properties .to a
,esoonsible persc'�, firm, or corporation, but any such subletting or use by another person.
:ir-fn, or corporaticn, shall in no way release Lessee from the obligation. conditions, and
'e rr,s :f this Agreement. Lessee shall furnish in writing to Owner the name of any
,c;::Elesseu:, and ; sublease entered into by Lessee shall incorporate the terms.
r: ,'isions, and cc ndi6ons of this Lease. At all times Lessee shall occupy and use at least
!y;ty percent (60°rG) of the demised premises.
ENTRY BY OWNER)iNSPECTION OF PREMISES: Owner shall have the right at all
r o asonahle times during the term of this Agreement to enter said premises for the purpose
examining or inspecting the same
13 'I''E-RM INATION OF AGREEMENT: This agreement may be terminated at any time with Or
without cause by either party upon thirty (30) days written notice. Upon termination of this
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agreement, Lessee agrees to quit and surrender the premises in a peaceable manner and
Owner shall have the right to remove Lessee and all others occupying through or under
'Mis agreement.
REPAIRS, ALTERATIONS OR ADDITIONS: No alterations or additions to the building
shall he performed by Lessee without approval of the Fieet and Facilities Manager, Any
�:>r Uerns shall be submitted in writing to the City of Lodi, Attn: Fleet and Facilities
e.ana ,e�, tF1 0 Box 006, Loci, CA,95241-1910.
uiRRENDER CF PREsa11SE5: Lessee shall, at the termination of the Agreement hereby
_. rYEatt� a, or upon the "arlier termination hereof for any reason. or upon the extension of the
-i herein set fc)W', quit and surrender said premises in good order, condition. and
V , ai redsortable wr :ar w d ', aar and acts of God or fire excepted.
I� LE'-> �-essee stv11 pay alt license fees. or other fees or taxes, levied by any
)CI ernmental agency which may be imposed upon the activities of Lessee conducted
,p -x,, the premises.
if any of rhe above charges are assessed against the real property, and because of said
assessment, the Owner pays the same, which Owner will have the right to do regardless
of the validity of any such levy, the Lessee, upon demand, will repay to Owner all taxes
a, .d other assessments so levied against Ownerwhich are due by the Lessee.
l F U s'iLtT!ESIMISCELLAINEQUS COSTS: Lessee shall be responsible during the term of
this agreement for all utility costs, including water, sewer, refuse, gas and electricity.
'L ; =s5 re shall also be responsible for the interior maintenance of the rented space, and all
r ,iitorial and cleaning expenses associated with the maintenance thereof.
Iv.ECHANIC'S LIEN' Lessee agrees to keep said premises free from all liens and ciaims
c rr,i-,chanics, iabnrers. material suppliers, and others for work done, and material
'ni:: hed, and Lessor s`atl not create, or suffer to be created, any lien or encumbrance on
paiC premises.
i J L!C LIABiL!T Y AND PROPERTY DAMAGE INSURANCE: Lessee agrees to
dernnif and save harmless Owner, its officers, agents, and employees from and against
clai:ns of whatever nature arising from any act, omission. or negligence of Lessee or
s contractors, licensees, agents, servants, or employees, or arising from any
.c3:.'etnt, in;urv, or darnaq,-� whatsoever caused any person, or to the property cf any
;rater, "C.urr,n;g curing the leml thereof, in or about the demised premises where such
dama;e, �r snjury, induding death, results, or is claimed to have resulted. from
3y act o, omission on t'`€e part of Lessee or Lessee's agents or employees. This
deTinny and hokJ �iati, rnless agreement shall include indemnity against all costs and
inciuding attorney's fees incurred in or in connection with any such claim or
:ocaedfnq brGught, thereon and the defense thereof.
Lessee agrees to maintain in full force during the term hereof a policy of public liability
-�surance under which Lessee is named as insured, and containing an additional named
;�t�rod endorsement naming Owner. its officers, agents, and employees as an additional
-ed and unde i, which tine insurer agrees Lo indemnify and hold Lessor and Owner. its
,rr.curs, agents, }rid c;rnployees harmless from and against all costs, expenses. and
atriiity arising out of,or based upon, any and all property damage, or damages for
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personal injuries, Including death, sustained in accidents occurring in or about the
premises, where such accident. damage. or injury. including death, results, or is claimed to
have resulted. from any act or omission on the part of Lessee. or Lessee's agents or
err�ployees. The minimum limits of such insurance shall be $1,000,000.00 (One Miljion
Dollars`. In addition to the additional named insured endorsement on Owner's policy of
-ir°_; i� ta said insurance policy shall be endorsed to include the following language:
:-:su rance as is <iftorded by ine endorsement for additional insureds shall
- ply as primary ;ns,arance. Any olher insurance maintained by the City of
or its officers, agents, and employees shall be excess only and not
wth crie coinsurance afforded by this endorsement."
�k duphcat� or cervflc..ite of Said public liability and property damage insurance policy
;.oL,-,Iin ng the above -slated required endorsements shall be delivered to Owner within ten
da,rs atter the issuance and each renewal of said policy. This paragraph, and all
to provisions of this Agreement, shall apply and be Construed as applying to any sub-
s e ,of Lessee.
Any ;:;ar,cettation of insurance. or notice of intent thereof, must be forwarded immediately
th ity of Lodi, Atte, Risk Manager, P. 0. Box 3006, Lodi, CA, 95241-1910.
:20. BANKRUPTCY, RECEIVERSHIP. AND INSOLVENCY: If Lessee should make a general
alzs,gnment for the benefit of creditors, or file a voluntary petition in bankruptcy, or be
adjudicated bankrupt or insolvent, or permit a receiver to be appointed to take possession
�,f a ;uvstantial portion of its assets or of the premises, and such bankruptcy. insolvency,
o;-_-ceivership proceeding shall not be dismissed within ninety (90) days, then Owner
a,:,,.thou, notice Dr demand, terminate this Agreement and forthwith reenter and
-.?pGsSeSS the proper-;ws, and remove ail persons therefrom. and under no circumstances
=sa t., .s Agreement IDe assignable or transferable by operalion of iaw.
F viFZNEY`5 FEE_.S: in each suit brought for the recovery of any rent due hereunder, or
recov=ery of the possession of said demised premises, or for the breach, or to
es,,airy the breach. ct any ofthe terms. conditions. or covenants of this Agreement. the
irea l 19 party shalt toe entitled to a reasonable sum as and for attorney's fees therein,
the am urs, of which shall be determinea Dy the court in such suit and added to and
e�er.,.�rnc a part or [lie judgment therein.
:2 '%NAIVE17: Failure of owner to insist upon performance of any of the terms or conditions of
this Ag: eery ent in any one or more instances shall in no event be construed as a waiver or
a :t?linquishment of kts right to future performance thereof, and Lessee's obligations to
,u�, future performance shall continue in full force and effect. The receipt by Owner of
re; ,vi}h the knowledge cf the breach of any agreement or condition hereof. shall not be
dc.1,2rrr:jr.ed lobe a waiver of any such breach.
?' A ,CEPTANCE OF PREMISES: Lessee has examined the premises, knows the
co<ndittons thereof, and accepts possession toereaf in their condition.
24 C )N'T RACT. This written agreement constitutes the entire contract between Lessee and
0,, r e , and no representation or agreement, unless expressed herein, shall be binding on
Lr,,. -,set or Uwnei
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IN WITNESS WHEREOF, Owner and Lessee have executed this Agreement on the date
and year firstabove written.
CITY OF L00i, a municipal corporation
hereinabove called "Owner"
1 A�-
jjt-�
I_ NN, City Manager
SUSAN J. BLACKSTO , City Clerk
approved as to Form:
Y'd" .4.
RA DALt. A: HAYS, Ci Attorney
DINO RADOTIC, hereinabove called'Lessee"
[3"'I O AP,
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