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HomeMy WebLinkAboutBolsa Chica Conservancy - 1992-04-20 (5)' � V e�� ���p-� � ,a r 1,9j,"le CITY OF HUNTING'T ON BEACH . 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONINIE BROCKWAY CITY CLERK August 5, 1992 Bolsa Chica Conservancy 204 - 5th Street Huntington Beach, U 92548 Enclosed is an executed copy of Lease Agreement between the Redevelopment Agency of the City of Huntington Beach and the Bolsa Chica Conservancy for a portion of the property located at 204-5th Street, Huntington Beach. which was approved by Council on April 20, 1992. Connie Brockway City Clerk CB:bt Enc. iT•raphon.: 714-536-52271 ` REQUEST FOR CITY COUNCIL/ REDEVELOPMENT AGENCY ACTION ED 92-20 Date April 20, 1992 Submitted to: Honorable Mayor/Chairman & City Council/Redevelopment Agency M Submitted by: Michael T. 1Jberuaga, City Administrator/Executive Directo� Prepared by: Robert J. Franz, Deputy City Administrator/Administrative Servic Barbara A. Kaiser, Deputy City Administrator/Economic APPR VED BY CITY COUNCIL Subject: Shank House Leases Consistent with Council Policy? bd Yes [ ] New Policy or Exceptiqn Statement of Issue, Recommendation, Analysis, Funding Source, Alternative The Redevelopment Agency of the City of Huntington Beach has proposed leasing the upper floors of the property Iocated at 204 Fifth Street, Huntington Beach, known as the Shank House. The following are two prospective tenants and the areas in the building they would be leasing: 1) The Huntington Youth Shelter, upstairs unit #204. 2) The Bolsa Chica Conservancy, upstairs unit #203. x RECOMMENDATION: G"' n *; ;rs.. Ca = yes Approve the two leases and authorize the Chairman and Agency Clerk to execute these_ F-r documents. h ANALYSIS: r The Redevelopment Agency of the City of Huntington Beach owns the historic structure known as the Shank House, located on the corner of 5th Street and Walnut Avenue in downtown Huntington Beach. The Redevelopment Agency has renovated the structure as close to its original condition as reasonably possible. The property is currently a police substation on the ground floor. The remaining vacant rooms are proposed to be used for non-profit organizations in which to maintain their offices. Each tenant will pay their equitable share of utilities and maintenance for the continued proper care of this historic structure. The property will thereby be maintained In an efficient manner. Each of the leases is month -to -month with 30 days termination notice and nominal ($10 per year) rent paid to the Agency. The leases include a clause which provides no relocation benefits upon termination of the lease. The property was originally purchased with the intent of a sale with lease back, with an option to repurchase by the City. The City intended to sublease the property to Pier Realty with an option to purchase. These agreements were never executed and the City Council terminated negotiations on February 4, 1991. On May 20, 1991, the City Council approved the use of the Shank House as a police substation. M, NO 41" 14 Since there is little demand for office space downtown, staff recommends against competing with the private sector in leasing the remaining second floor office space in the Shank House. Office space is currently available in (1) Pierside Pavilion, (2) Robert Koury's building, (3) the second block of Main Street buildings, (4) Town Square, and (5) the proposed Abdelmuti project. Therefore, staff recommends that the second floor of the Shank House be leased to non—profit organizations, including the Huntington Beach Youth Shelter and Bolsa Chica Conservancy. In addition, the remaining office will be used by the Public Works Department as a construction site office to monitor the Main Street public improvements project recently approved by the City Council. FUNDING SOURCE: None. Do not lease the structure. ATTACHMENT: Copies of the two leases MTU/RJF/BAK:ls 0099U 0 LEASE AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AND THE BOLSA CHICA CONSERVANCY FOR A PORTION OF THE PROPERTY LOCATED AT 204 5TH STREET, HUNTINGTON BEACH THIS AGREEMENT is made and entered into this 20th day of April 2 , 1991, by and between the REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, a public entity of the State of California (hereinafter referred to as "LESSOR"), and the BOLSA CHICA CONSERVANCY, a nonprofit California corporation (hereinafter referred to as "LESSEE" or "TENANT"). WHEREAS, LESSOR owns certain real property thereinafter referred to as the "PREMISES"), in the City of Huntington Beach, and TENANT desires to lease said premises for the use and purposes set forth below, NOW, THEREFORE, the parties covenant and agree as follows: 1. DESCRIPTION OF PREMISES LESSOR hereby leases to LESSEE that certain real property commonly known and described as Unit 203, a portion of 204 5th Street, located in the City of Huntington Beach, County of Orange, State of California, and more fully described in the attached Exhibit "A" and incorporated herein by this reference. 2. USE —OF —PREMISES LESSEE shall use the premises for general office related purposes only, meeting the zoning and licensing regulations of LESSOR and the State of California. Any other related uses must be approved, in writing, by the LESSOR. 3. BENT LESSEE shall pay a rental fee of TEN DOLLARS ($10) per year, due on the first day of each year hereof, in advance, for the first twelve months of this lease agreement. 4. TERM The term of this Agreement shall be month -to --month. 5. TERMINATION This Agreement is subject to termination by LESSOR upon giving to LESSEE, thirty (30) days'notice, in writing. 6. SERVICES -AND -UTILITIES LESSEE shall pay for electrical and utility services, which are jointly metered to the PREMISES, on a rate of ten percent (10%) of total electrical and utility services per month. LESSEE shall arrange for and pay for its own janitorial services for their individual space. LESSEE shall contribute to the maintenance of the common area on a rate of twenty percent (20%) of monthly services. 7. ATTORNEY'S, FEES LESSOR shall be reimbursed by contractor for all costs or attorney's fees incurred by LESSOR in enforcing this obligation. - 2 - B. ASS I GNMENT _ AND, UBLETTING Without the prior written consent of LESSOR, LESSEE shall not assign this lease, or subject or grant any license to use the premises, or any part thereof. A consent by LESSOR to one assignment, subletting, or license, shall not be deemed to be consent to any subsequent assignment, subletting, or license. An assignment, subletting, or license without the prior written consent of LESSOR, or an assignment or subletting by operation of law, shall be void, and shall, at LESSOR's option, terminate this Agreement. 9. INDEMNIFICATION, DEFENSE, HOLD HARMLESS LESSEE hereby agrees not to sue and to release, protect, defend, indemnify and hold harmless LESSOR, its officers and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to LESSEE's employees and damage to property caused either by the condition of the premises, or some negligent act or omission of LESSEE, or its agents, officers, employees, invitees or contractors. LESSEE will conduct all defense at its sole cost and expense. Any costs of defense or attorney's fees incurred by LESSOR in enforcing this obligation will be reimbursed to LESSOR by LESSEE or may be awarded to LESSOR by a court of competent jurisdiction as costs pursuant to California v § 1021. 10. WORKERS' COMPENSATIQN I11SURANCE Pursuant to California 12abor Cooe Section 1861, LESSEE acknowledges awareness of Section 3700 et seq. of said code, 3 - which requires every employer to be insured against liability for Workers' Compensation; LESSEE covenants that it will comply with such provisions prior to commencing performance of the work hereunder. LESSEE shall maintain such Workers, Compensation Insurance in an amount of not less than Five Hundred Thousand Dollars ($500,000) bodily injury by accident, each accident, Five Hundred Thousand Dollars ($500,000) bodily injury by disease, each employee, and One Million Dollars bodily injury by disease, policy limit, at all times incident hereto, in forms and underwritten by insurance companies satisfactory to LESSOR; and LESSEE shall, prior to the commencement of this Agreement, furnish to LESSOR, on a form approved by the City Attorney, a certificate evidencing such insurance; said certificate shall include a provision that the insurer shall notify LESSOR at least thirty (30) days prior to any cancellation or modification of said insurance policy; and LESSEE shall notify LESSOR at least thirty (30) days prior to any cancellation or modification of such policy. Said insurance shall not derogate from the provision for indemnification of LESSOR by LESSEE under Section 7 of this Agreement. 11. INSURANCE In addition to LESSEE's covenant to indemnify LESSOR, LESSEE shall obtain and furnish to LESSOR, the following policies of insurance: - 4 - A. General Liability Insurance. A policy of general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to LESSOR for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non -owned vehicles. Said insurance shall name the LESSOR, its officers, agents and employees and all public agencies as determined by the LESSOR as Additional Insureds. LESSEE shall subscribe for and maintain said insurance policies in full force and effect during the life of this Agreement, in an amount of not less than One Million Dollars ($1,000,000.00) combined single limit coverage. If coverage is provided under a form which includes a designated general aggregate limit, such limit shall be no less than twice the per occurrence limit. In the event of aggregate coverage, LESSEE shall immediately notify LESSOR of any known depletion of limits. LESSEE shall require its insurer to waive its subrogation rights against LESSOR and agrees to provide certificates evidencing the same. B. Fire Insurance. LESSEE shall maintain in force during the term of this Agreement, a standard broad form fire insurance policy for full replacement of the structure itself, in which the LESSOR is named and which any and all losses are made payable to LESSOR. The face amount of said policy shall - 5 - be One Hundred Thousand Dollars ($100,000.00). LESSOR may, upon thirty (30) days written notice to LESSEE, require said fire insurance coverage to be increased by an amount determined by LESSOR. Prior to the commencement of this Agreement, LESSEE shall furnish to LESSOR certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and will not be cancelled without thirty (30) days written notice to LESSOR. LESSEE shall maintain the foregoing insurance coverages in force during the entire term of this Agreement unless waived in writing by the LESSOR's Risk Manager. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of LESSOR by LESSEE under Section 7 of this Agreement. LESSOR or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. LESSEE shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. 12. TAXES LESSEE shall pay before they become delinquent, all real property taxes, or possessory interest taxes and assessments levied or assessed against the PREMISES by any governmental agency, including any special assessments imposed on or against the PREMISES for the construction or improvement - 6 - of public works, in, on, or about the PREMISES. 13. CARE OF PREMISES LESSEE shall at all times maintain the rented premises in conformity with all state and local laws and regulations, and no unlawful activities shall be conducted on the PREMISES. At all times during the term of this Agreement, LESSEE, at its own cost and expense, shall keep and maintain the PREMISES in a neat, clean and orderly condition, and shall keep the interior of the building in good condition and repaired and painted. Upon demand, LESSEE shall repair any damage to the heating or water apparatus or electrical lights or wires, or any fixtures, appliances or appurtenances of the PREMISES, caused by the act or neglect of LESSEE, or any person in the employ or under the control of LESSEE. 15. IMPROVEMENTS LESSEE shall not make any alterations, additions or improvements to the PREMISES without the consent of LESSOR. All approved alterations, additions or improvements made by LESSEE, except movable household or commercial furniture, are to become the property of LESSOR, and shall remain on the PREMISES as part thereof, and be surrendered with the PREMISES at the termination of this Agreement. 16. INSPECTION LESSOR and LESSOR's agents, including the Police Department, shall have the right to enter the rented premises at all reasonable times to inspect same for security purposes. LESSOR and LESSOR's agents shall be permitted to make repairs, - 7 - additions or alterations as may be deemed necessary by LESSOR with reasonable notice to LESSEE, and to put and keep upon the doors and windows of the PREMISES a notice indicating that said premises are for rent at any time within thirty (30) days before termination of this rental. 17. RELETTINGQFPREN,ISES If LESSEE abandons or vacates the PREMISES, or is dispossessed for cause by LESSOR, before the termination of this Agreement, or any renewal thereof, the PREMISES or any part thereof, may be relet by LESSOR for such rent and on such terms as LESSOR may see fit, and if the full rental payable hereunder by LESSEE shall not thus be realized, LESSEE hereby agrees to pay all deficiencies for a period of three (3) months, including any expenses incurred by LESSOR by reason of such reletting. 18. )DEFAULT ._W�IVER LESSOR's failure to take advantage of any default on the part of LESSEE shall not be construed as a waiver thereof, nor shall any custom or practice that may grow up between the parties in the course of administering this Agreement be construed to waive to LESSEE the right of LESSOR to insist on the performance of the provisions hereof. 19. DESTRUCTION OF PREMISES In the event the entirety of the PREMISES is destroyed or rendered untenable by fire, storm, earthquake, or other Casualty not caused by negligence of LESSOR, this Agreement shall be at an end from such time except for the purpose of enforcing rights that may have accrued hereunder. The rental shall then be accounted for between LESSOR and LESSEE up to the time of such injury or destruction of the PREMISES, LESSEE paying up to said date, and LESSOR, refunding the rents collected beyond such date. Waij P ; i m * LESSEE understands and agrees that upon surrender of possession it will not be entitled to a moving cost payment or any other relocating payment under any State or Federal Relocation Assistance Program. LESSEE acknowledges that in the event the Redevelopment Agency decides to vacate or demolish this rental that LESSEE will receive no relocation benefits. 21. NONCE Any written notice, given under the terms of this Agreement, shall be either delivered personally or mailed, postage prepared, addressed to the party concerned, as follows: LESSOR: Mr. Robert Franz Director of Administrative Services City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 y! i LESSEE Bolsa Chica Conservancy 204 5th Street Huntington Beach, CA 92648 LESSOR and LESSEE agree that this lease constitutes the entire agreement between the parties. - 9 - IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their authorized officers on the date above written. LESSEE: BOLSA CHICA CONSERVANCY, a California nonprofit corporation By: Har'r�ieett Wieper it s4 k.a►f'ti-� >-A J :Peter Denniston Its: 11 City Clerk i REVIEWED AND APPROVED: City Administrator REVIEWED AND APPROVED: Real Property Manager LESSOR: REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, a municipal corporation Mayor APPROVED AS TO FORM: U - Cit Attorney ��� �� /� 5/ '�-/-9 Z. - 10 - e DESCRIPTION THE LAND REFERRED TO IN THIS GUARANTEE IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF HUNTINGTON BEACH, P-ND IS DESCRIBED AS FOLLOWS: PARCEL l: LOTS 2 AND 4 OF BLOCK 204 IN THE HUNTINGTON BEACH TRACT, AS PER MAP RECORDED IN BOOK 3, PAGE 36 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM THE SOUTHEASTERLY 44 FEET. PARCEL 2: LOT 6 OF BLOCK 204 IN THE HUTINGTON BEACH TRACT, AS PER MAP RECORDED IN BOOK 3, PAGE 36 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM THE SOUTHEASTERLY 44 FEET. PARCEL 3: THE SOUTHWESTERLY 3 FEETOF THE SOUTHEASTERLY 48 FEETOF LOT 8 OF BLOCK 204 IN THE HUNTINGTON BEACH TRACT, AS PER MAP RECORDED IN BOOK 3, PAGE 36 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. A A I' MlM m �0 A O � v - W® -- _ AN MA ry` 82 1 2 V ♦OS J• EKO1m, mom FART 1D7 �v mt: Wei �0 meµ. 25' /B /7 16 4 r/ . to 9 4 81 713 6 4 12 n rr7s / rzs AVENUE o 27 P3 19 2J 9 /7 5 15 k /3 21 3 / N 2 M 60' 7. AVENUE g ASSESSOR s BLOCK ASSEssOR S P PARCEL NUMBERS BOOK 24 PAGE /4 15 SHOWN /N CIRCLES COUNTY OF ORANGE StiA"� �o.<< - Zoo 5-H 5-,1t_ i EXHIBIT "A" -♦ IF-IFICATE OF INSURANCE!%,DATE: 06/30/9c ------------------ ------------------------------- ------------ ---------------------------------------------- --_--- I 1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INCORMATIOH CHLY AND CONFERS I 1 (703) 351-7400 1 NO RIGHT UPCH THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, i 1-800-LAND INS I EXTEND OR ALTER THE COVERAGE AFFORDED BY THE PGLICIES BELOW I I+ I-------------------------------------------„---------------------------1 ! ffnsutuzg fL I COMPANIES AFFORDING COVERAGE I kI-------------------------------------------------------------------------1 i COnsztvaEianisEs i CO,",PANY A Insurance Cc2pany of N.-rth Aaerica ! 1 1655 Ft. Myer DI.. Suite 640, Arlington, VA 22209 1 LETTER I iI-------------------------------------------------------------------------I I --------------------------------------------------------I COnANY B I I INSURED I LETTER: iI -------------------------------------------------------- ---------------i i kolsa Chica Conservancy I CO!'I;ANY C I I I LETTER IN CALIFORNIA I ! P.O. 'Fax 3376 1--------- ------------- x- G-REEN -MIBR EL•A-------------------I 1 Huntington Beach, CA S2695 I COMPANY D I i 1 LETTER INSURANCE SERVICES" 1 ! I--------------`------------------- ------- - ---------------------------) I I CMANY E I i I LETTER i [_==== COVERAGES I THIS IS 70 CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NPnED ABC' FOR THE POLICY PERIOD I 1 INDICATED. NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DGCUMENT WITH RESPECT TO L'HICH THIS I 1 CERTIFICATE KAY BE ISSUED OR KAY PERTAIN 1h INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERIMS, I I EXCLISIONS, AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN PAY HAVE BEEN REDUCED BY PAID CLAIIS I I--------------`-------------------------------------------------------------------------------------------------------------------) I I I I POLICY i POLICY 1 I ICU I I IEFFECTIVE IEXPIRATIOHI 1 ILTRI TYPE OF INSURANCE I POLICY NUMBER I DATE 1 DATE I ALL LIMITS IN TNGUSANDS [ I--- I -------------- --------- -------------- I --------------------- I----------1---------- 1----------------------------------- —r_----i I I GENERAL LIABILITY I I I, i GERrRAI AGGREGATE I Me I I A I EX3 COnhERCIAL GEH£RAL LIABILITY ! D23623484 1 19/17/31 1 10/17/12 1 PRRUC73-COIPICPS AGGREGATE S 2D2a I I I I I E 3 CLAIMS MADE EX] OCCURRENCE I I I ! PERSONAL d ADVERTISING INJURY i 10aa I I I t 3 0Ii4ER'S S CONTRACTORS PROTECTIVEI I I I EACH OCCURRENCE t IM I I I C 3 I I I I FIRE DAMAGE (ANY ONE FIRE) i 58 I 1 I C 3 ! I I I MEDICAL EXPEi;SE(AHY CHE PERSOti5$ S 1 1---I------------------------------------- I-------- ------------- I---------- I---------- I--------------------- -----------------------I i I AUTOns1ILE LIABILITY I ! ! i I I I I I I I I ! CSL I i leee I 1 ! A I C 3 A4Y AUTO 1 E362648A ! 19/17131 1 19/17/32 i----------------i------- ------ I I I I E 3 ALL CUNED AUTOS I I I I BODILY INJURY 1 I 1 I I C 3 SCVZOULED AUTOS 4 �, 1 1 (DER PER5ON1 I f I 1 ! I EX] HIRED AUTOS AP;'ROVED AS TO } OI?t' I I----------------I--------------I 1 I 1 [X3 N0'I-Or'iED AUTOS G1'IL VUTTO:i city ttorneYI I BODILY INJURY I I ! I I I GARAGE LIABILITY B; DepLty ty ,11;l.orney I Y I (PER ACCIDENT) I t I 1 1 I C 3 �1 ! �'� I'---------------I--------------1 1 I I I I� 22 1 I FRI:F'ERTY I I t I 1l 1 4 DA"AGE I f I -I I---I-------------------------------------I---------- 7- - 1 --------1------------------------------------------- I I EXCESS LIABILITY 1 I I I EACH OCCURRENCE I AGGREGATE I I I I UMBRELLA FORS 1 ! 1 I ----------------- I-----------------i I I C] OTHER THAN UMBRELLA I I I 1 1 $ 1 S f i---I---------------------- --------------- l---------------------- I---------- I---------- I--------------------------------------------1 ! I I 1 1 I STATUTORY I i ! I WC.RKEIRS' COMPENSATION I I I I ---------------------------------- ^---------1 1 I AND 4 ' I I I S (EACH ACCIDENT) I 1 ! EI'►•L0YEkS' LIABILITY , - 1 I 1 I S (DISEASE-PCtICY LIMIT) I I I I I ! I 13 (DISEASE -EACH E.VLOYEE)i i---i------------------------------------- 1--------------------- 1---------- I---------- 1--------------------------------------------i 1 I I I 1 f l ) 1 1 1 ! t----------------------------`------`------------------------------------------------------------------------`---------------------I I DESMPTITI OF C'.'ERATIti7"+S/LOCATiUHS/V£HICLES1Si ECIA't IIEAS ! i Certificate holder is named as additional insured as respects resises 1 I occupied bj Balsa Chica Conservanry at 204 5TH Street, panting 3n i I .ead,, CA ATIKA. I ( I I I l===== CEP.TITICATE i I SHOULD ANY GF ThZ APGvE DESCRIBED POLICIES FE�CANCELLED BEFORE IHE EX- 1 i Ecc.=aic Developm21-111 Depd-taeTit I PIRA11014 DAIZ Iil£fiE6F, TiiE ISSUDIZ C0r-4'H; GILL ',rO►C _TU Cri:i 1 I ATT: Michael Gifford 1 32 AYS WRITTEN N311i.E TO THE CERTIFICATE hOL,LE'n EA-".ED TO T�;I 1 Citr of iiuntinyton Beach I L F. 1 FKLUi 1 ` "~rs. r -��,�, �y• � 1 I Mc3d Kai Street �+ f} � ! L -_" __V - --�' �- -�-- '------�--� F -_` 4�---1 I H.Lntir;gran Bean, CA 1no I' ` i } A;.'T!:''•:IIE REGF:E"- �»TIC£ I r i 2000 MAIN STREET CALIFORNIA 92648 RISK MANAGEMENT DIVISION (714) 536-5990 In order to comply with City Council Resolution No. 6023, you are required to provide this office with a worker's compensation Certificate of Insurance. If you use no employees in the performance of the work for which this permit is issued, then you must sign this form and return it at your earliest convenience to the Risk Management office at 2000 Main Street, Huntington Beach, California 92648, Attn: Julie Fittery I certify that 'in the performance of the activity and/or work for which this permit -is issued, I shall not employ any person in any manner so as to become subject to the worker's compensation laws of California. APPLICANT'S SIGNATURE: ' DATE:. I//U/ Z LOCATION: /YG/hi7i�y7py> ,pP�� (in which city you are signing this form) NAME AND ADDRESS OOFF APPLICANT/INSURED: /�O/52 G•G9 / �Q ��I.SC�YI�i11GL PO x 3 PHONE NUMBER: 0j�z�� -�-. This form is not required where permit fee is $100.00 or less. 11