HomeMy WebLinkAboutSILESKI, VIRGINIA - 1982-02-01 i
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PLEASE AGREEMENT �&
THIS AGREEMENT IS ENTERED INTO THIS ,V DAY OF
1982, BY AND BETWEEN THE CITY OF HUNTINGTON BEACH, A MUNICIPA(_
CORPOkATION, AS LESSOR, HEREINAFTER REFERRED TO AS "CITY' AND �>f?
PAINTED PONY', VIRGINIA STLESK.I, 633j. ANTHENA DRIVE, HUNTINGTON
BEACH, AS LESSEE, HEREINAFTER RE;-RF;ED TO As 'TENANT,"
WHEREAS, CITY OWNS AND IS IN POSSESS IOry OF THAT ,ERTA i N GFFI CE
;3vILDING KNOWN AS AND LOCATED AT 220 MAIN STREET, HUNTINCTON BEACH,
CALIFORNIA, THE INTERIOR OF 14HI'CH CONSISTS OF APPROXIMATELY 1,200
SQUARE FEET AND INCLUDES FIVE PARKING SPACES IN THE REAR THEREOF
AND
WHEREA6, CITY HAS Nti .NT USE OR NEED OF 'AID BUILDING;
AND
WHEREAS, SAID BUI LI-' IS IN A DESIRABLE LOC>-,T I ON FOR HE
PURPOSES OF THE COMMERCIAL USE THEREOF AND REPRESENTS A POTENTIAL
'SOURCE OF REVENGE, AND CITY DESIRES TO ENTER INTO A COMMERCIAL
LEASE THERE50k
IOW, THEREFORE,, THE PARTIES HEREBY AGREE AS FOLLOWS,
1. DESCRIPTION 0E PRE�I ,: CITY HEREBY !_EASES UNDER TERMS �
AND CONDITIONS SET FORTH HEREIN THE OFFICE BUILDING LOCATED AT
220 MAIN STREET, HUNTINGTON 3EACH, CALIFORNIA, To TENANT ANID
TENANT ACCEPTS PREMISES tN AN AS--IS CONDITION.
SA< II
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2. E�,' T f;: TEPM OF r'HI S LEASE SHALL BE 'FOR A PER;9D "
OF ONE (I) YEAR FROM THE DATE SET FORTH HEREINABOVE.
UPON THIRTY (30) DRAYS WRITTEN NOTICE BY TENANT TO CITY,
PRIOR TO THE END OF T. . LEASF TERM, THE TENANCY MAY CONTINUE ON
A MONTH-TO-MONTH BASIS FROM AND AFIF'2 THE DATE OF TERMINATION
OF THIS LEASE. ANY MONTH-TO-MONTH TENANCY SHALL BE SUBJECT TO
ALL THE PROVISIONSOF THIS AGREEMENT:
EITHER PARTY TO THIS AGREEMENT MAY TFRMiNATE THIS TENANCY }
UPON THIRTY (30) DAYS' PRIOR WRITTEN NOTICE TO THE OTHER "PARTY.
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3. JSE: To CONDUCT FOLK ART AND CRAFT TYPE CLASSES,
ALSO TO SELL ON THE RETAIL MARKET FINISHED ARTICLES AND NECESSARY
SUPPLIES FOR THE CLASSES. ANY OTHER USES TO BE APPROVED BY
DIRECTOR OF COMMUNITY SERVICES,
4. EM MONTHLY iENTAL SHALL BE $600 DUF A14D PAYABLE IN
ADVANCE ON THE FIRST DAY OF EtACP MONTH, IF RENT IS NOT PAID ON `
OR BEFORE THE''f"E.NT DAY `F EACH MONTH, A 10 PERCENT PENAL-Y SHALL
BE APPLICABLE, TENANT WILL PAY ANY POSSESSORY INTEREST TAX
ASSESSED
5, 5aumy E S S; TENANT SHALL FAY THE FIRST AND LAST
' MON;'W NT UPON EXECUTION OF THIS LEASE. IN ADDITION THERETO,
TENANT SHALL PAY THE SUM OF $300 AS A SECURITY DEPOSIT FOR THE
PERFORMANCE OF THE CONDITIONS OF THIS LEASE, IF AT ANY TIME
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DURING THE TERM HEREOF TENAgT FAILS TO PERF'-=F M ANY OF THE
CONDITIONS OF THE LEASE OR CAUSES DAMAGE TO THE PREMISES OR
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FAILS TO LEAVE T-4E DWELLING IN A REASONABLY CLEAN CONDITION
UPON TERMINATION, THEN CITY MAY APPROPRIATE AND APPLY ANY .
PORTION OF THE SECURITY NECESSr=,RY TO MAKE THE REPAIRS OR CLEAN
THE PREMISES
6, PlAIN E NffilC—ETENA"�`t SHALL. MAINTAIN PREMISES INCLUDING �
LANDSCAPING IN GOOD CONDITION. IF TENANT FAILS TO MATNTAI` 'i THE
PR'EM sE.3,, CITY MAY, AT ITS OPTION, PERFORM NECESSARY MAINTENANCE
AND BILL TENANT FOR THE COS GF SERI�ICES RENDERED, A14D TENANT
SHALL. REIMBURSE CITY FOR THE COST THEREOF WITHIN TEN (10) DAYS
AFTER RECEIPT OF BILLING,
7, MAT ES CITY F4ALLL PAY FOR WATER ONLY AT THE
LEASED PREMISES,, NANT SHALL PAY FOR ALL OTHER UTILITIES AT
THE SUBJECT PREMISES,
8, IN I ` TI = DURING THE TERM OF TH'S TEN4 dCY4�
TENANT AGREES TO INDEMNIFYd L,:FENI?, AND SAVE CITY HARMLESS FROM
ANY AND ALL CLAIMS ARISING FROM ANY ACT, OMISSION OR NEGLIGENCE
OI- TENANT oR NIS AGENTS OR EMPLOYEES ARISING FROM ANY ;AC--DENT,
INJURY OR' DAMAGE WHATSOZVER CAUSED TO ANY PERSON OR PROPERTY
OCCURRING IN, ON OR ABOUT THE LFAStD PREMISES, AND FROM ANY AND
ALL COST, EXPENSE, OR LIABILITY INCURRED IN CONNECTION WITH ANY
SUCH CLAIM OR PROCEEDING,
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D, ATERATIONS DURING TERM OF TENAN I: TENANT SHALL. NOT
;MAKE ANY ALTERATIONS TO THE PREMISES WITHOUT THE WRITTEN CONSENT
C'F CITY, i
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10. �,�SIIG ENT PE—ENTR.v. TEN.4Id'i- SHALL NOT ASSIGN SHE
LEASE OR SUBLET 'THE PREMISES EXCEPT WITH THE WRITTEN PERMISSI(*)k�` "
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OF CITY, .AND CITY EXPRESSLY RESERVES THE RIGHT OF RE-ENTRY FOR
ANY VIOLATION OF THIS SECTION OR 01HER CONDITIONS OF THIS LEASE,.
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AND CITY RESERVES THE RIGHT TO RE-ENTER AND INSPECT THE PREMISES
AT ALL REASONABLE TIMES,
11, INSURANCEt TENANT AGREES TO FURNISH TO CITY AND
MAINTAIN IN FORCE UNTIL. TERMINA'<'ION OF THIS TENANCY A CERTIFICATE
OF INSURANCE EVIDENCING PURCHASE OF A POLICY OF GENERAL. LIABILITY
'NSURANCE IN WHICH CITY IS IN ADDITION NAMED iNSURED, THE POLICY
SHALL PROVIDE FOR: COVERAGE IN NOT LESS THAN THE FOLLOWING AMOUNTS.
COMBINED S'NGLE LIfFfIT BODILY INJURY ANDAR PROPERTY DAMAGE OF
$300 000 PER QCCURRFNCE AND SHALL BE ACCEPTABLE TO THE CITY
ATTORNEY AND APPROVED BY THE CITY ATTORNEY PRIOR ;_ OCCUPANCY OF
THE PREMISES .BY TENAN_
ADDITIONALLY, IF TENANT SHALL, DDRI`NG THE TERM H�REOF OR ANY
EXTENSION THEREOF, EMPLOY ANY PER ON OR PERSONS FOR WHOM WORKERS'
COMPENSATION INSURANCE MUST, BY LAW, BE PROVIDED, THEN A CERTIFI-
CATE EVIDENCING SUCH COVERAGE, ACCEPTABLE TO AND APPROVED BY THE
CITY ATTORNEY,, SHAD tORTHWI.TH BE PROVIDED CITY,
4,
IN WITNESS �'HERPnr-, SHE PARTIES HAVE CA�as�D �H�s LEASE �o
BE EXECUTED ON THE DAY, MONTH AND YEAR FIRST ABOVE WRITTEN, �
CITY 1`7- ,UUNTI GTON BEACH, {
A iMUNICIPAL CORPORATION
BY
ATTEST s A Oki"
APPROVED �S TO EOM
REVIE14ED AND APPROVED T ORN
INITIATED AND APPROVED.
4.
CITY I I S7RA R
C-dMf''UNITY 6EW7, IREOTOR
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Return original ena tisas copies of
comptatedtWtabc4le to. l .ut�,:_on Or,grnat--Or,ginatarig.Crept
CERTIFICATE OF INSURANCE Aftet Approval Yellow R�ak Aunager
City at Ftuntngtatt heat., r>j TO iY city Attorr"A Fink n Ofy clerk
t?bt. it^ r ! GPid, t,tY D.trornatr
0.O.Box t9a �r CITY OF HUNTINGTON BEACH,CALIFORNIA
Huntirlown 8mch,CWirornig8?64Z AMUNIC,IPA CORPORATION
This is to certify that the policies of insurance as desee-bed bolow have boon issued i-,the instrred by the under-
signed and are in force at 0is tilne.If these policies are cancelled or changed in such a manner that wit!affect this certificate,the
insurance-company agrees to give 30 days prior written notice,by mail,to City of biuntinllton Beach.P.0.Box 1W,Huntington
Beach,California 92649.
Name of lntttN.ed `L'ite Painted pond
Address of insured 220 Maim Street, jaxtiugton Beach, Californian 92C8
l,mattbn of insured Operations _ same
D%aription of Operaattoras Decorative Painting & Silk Flowers
PO„icleSMFORCE NU( 18EJR EPI=ECTtvt EXPIRATION, I.IMMOF L1A.MLIT'Y 'yw
QATF
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A, Workers Compensation- Statutory rpy.
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Employers'Liability Nu J 124.e Y
a. 'public Liaix?tity $3Uti b90 combined 31rmfie ;
Bodily hijury: gq *11 W limit per occtirrenc�.
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Manufacturers and G� 31o600 � r��l�.
Contractors f' S Each Person
Comprehensive
Ge"rat S_! Each Accident t> �
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(Including product;completed
cperat`tons) r
Property Damage S Each ikeddent
C. Automobile Liability:
Bodily Injury 5-t Each Person
E4cit Accident
Property Damage ' S. _._ ___,_Each Accident �
Does policy carer: tt'taase rheck at lens anal , --
Ali:owned automobiles f �Yes f X t No
Non-otarasd automobiles t Yes f ,C t No
Hired airtornobiles t t Yes ( a.)ltle
Oy ,additional Insured Endorsement:
:'he insurer agrer,6 that the City of Muntingt')nr Beach and its City Cour;49,and/or all City Cocmcil up*,
committees, commisstclns.boards and any other City Council appoinvd body,and/or electiye and appoit
serrral'im or employees of the City of 4untington Brach,when acting as such ara additional insureds herevn-i
acts of the Insured,and sgch Insurance thall be pritriaty to any Insurance of the City of Huntington Beach:
Z. Held l4ar nlessAgreement. By Insured. f1 ...
�" ISFpnatutet
The irasurad yagreeti to protect defend,indemnif�nd save hatrrless the City of Huntlr4ton Beach agains^t t �
expeae hp reason of any suits,claims,riemands,judgment%ano causes of action caused by insurer;,his et;
or any s;.nconttactor ort by#fay third prtY arising,out of or in consequo.nce'of the I'tform$nee of all oj t
c a�as'e!fay the certificate of insurance.
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F Remarks. APP` 0VEDASTOFORM,
GALL HUT'TON
w-_-- City A sy
By. 1!U r_1✓
Do y City Attorns
ttattt Tbn l 198 _ �__ AU'(Higlt)2,-D fP-kESENTATI%Vr:OF 5 ' N,'�' O PANY
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l alasa s ranc Can axx of 1tas eh c tY al IrP � .sttreinge t ^M,
Adtlres4 ,`+ lT 0. BOX 270 �..�
City 07,an a Cal.ikorrtia 9266 ' Teief+hanet 7 �
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A: ,
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Submitted ta:L The honorable a nr
Submittedbv: Charles W. Thompson , City Administra4oy'����� �
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Prepared bY vincwnt S. Moarhause, Director, Community Services
Subject:
1 Lease Agreement. with Airs. Virginia Sileski, Proprietor,
Painted Pony
.Statement of Issue, Funding Source,Alternative Actions,Attachments
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STATEMENT OF ISSUE
Mrs. Virginia Silesni , proprietor of the Painted Pony, has submitted
{ a request to lease an unoccupied, c� y-owned building located at
22.0 Main Street for a period of on ear.
RECOMMENDATION
Approve the agreement with Mrs . Silesia for use of 220 Moir- Street
and authorixL Major to execute same.
ANALYSIS
The office building at 220 Main :street was originally used for the
downtown redevelopmer74 program. The facility was vacant from (ate
1976 until it was rented in February, 1980 to a sportswear company
for a period of one year. This lease was terminated by the company
due to la k of business.
On ji ne 1 , 1981 ,, Cit,. Council approved a lease agreement with Church
8y The Sea, for the puYpose of conductinq bible sludiies. This lease
was terminated by the church on January 1 , 1982 due ttc, financi4l
constraints.
Mrs. Virginia Si'leski , proprietor, Painted Pony , his expressed interest
in renting the building for the purpose of conducting folt, art and
craft type classes , as well as retail selling of finished articles
gad necessary class supplies
The City AttGrney"s office has prepared and approved the attached
lease agreement: and the propnsed tenant has met all city insurance
requirements,
.he monthly .irt of S600 is based an fifty cents per square foot,
which is conducive to the downtown area .
A background check '.es been conducted on Mrs. Sil ki and found to
e a.ccEptables
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Request for City Council Action January
Page Two� 9 19f32'
FUNDING SOURCE
None required,
ALTERNATIVE_ ACTIONS
Do not rent tie building; leave the facility for city use, r", �
ATTACHMENTS
Lease a�reemept with Mrs. Sileski
CWT/VGM/V4Mz I b x.
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