HomeMy WebLinkAboutVIRGINIA SILESKI - 1982-02-01m
LEASE AGREEMENT
THIS AGREEMENT IS ENTERED INTO THIS < DAY OF ,
1982, BY AND BETWEEN THE CITY OF HUNTINGTON REACH, A MUNICIPAL
CORP`9 .TION, AS LESSORi HEREINAFTER REFERRED TO AS "CITY" AND
PAIN-TE;D PONY, VIRGINIA SILESKI, 6331 ANTHENA DRIVE, HUNTINGTON
BEACH, :�s LESSEE, 'HEREINAFTER REFERRED TO AS "TENANT,"
WHEREAS, CITY OWNS AND IS IN POSSESSICN OF THAT CERTAIN OFFICE
BUILDING KNOWN AS AND LOCATED AT 220 MAIN STREET, HUNTINGTON LEACH,
CALIFORNIA, THE INTERIOR OF WHICH CONSISTS OF APPROXIMATELY 1,200
SQUARE FEET AND INCLUDES FIVE PARKING SPACES IN THE REAR THEREOF;
AND
WHEREAS, CITY HAS ;NG PRESENT USE OR NEED OF SAID BUILDING;
AND
K.'r REAS, SAID BUILDING IS IN A DESIRABLE LOCATION FOP THE
PURPOSE OF THE COMMERCIAL USE ;'HEREOF AND REPRESENTS A POTENTIAL
SOURCE OF REVENUE, AND CITY DESIRES TO ENT7R INTO A COMMERCIAL
LEASE THEREFOR;
NOW, THEREFORE, THE PARTIES HEREBY AGREE AS FOLLOWS;
1, DESCRIPTION OI: PREMISES: CITY HEREBY LEASES UNDER TERMS
AND kCOINDTTIONS SET FORTH HEREIN THE OFFICE BUILDING LOCATED AT
22.0 MAIN STREET, HUNTINGTON BEACH, CALIFORNIA,, TO TENANT AND
TENANT ACCEPTS PREMIS,-3 IN AN AS -IS CONDITION,
WSA:B
1/15/82
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2, TERM; THE TERM OF THIS LEASE SHALL- BE FOR A PERIOD
OF ONE (1) YEAR FROM THE DATE SET FORTH HEREINABOVE
UPON THIRTY (30) DAYS WRITTEN NOTICE BY TENA T TO OITY,
PRIOR TO THE END OF THE LEASE TERM, THE TENANCY MAY C-9MTINUE ON
A MONTH -TO -MONTH BASIS FROM AND AFTER THE DATE OF TERMINATION
OF THIS LEASE. ANY MONTH -TO -MONTH TENANCY SHALL BE SUBJECT "fO
ALL THE PROVISIONS OF THIS AGREEM'iJT
EITHER PARTY TO THIS AG-',cEMEN7� MAY TERMINATE THIS TENANCY
UPON THIRTY (30) DAYS' PRIOR WRITTEN NOTICE TO THE OTHER PARTY,
3, USE TO CONDUCT FOLK ART AND CRAFT TYPE CLASSESI
ALSO TO SELL ON THE RETAIL MARKET FINISHED ARTICLES AND NECESSARY
SUPPLIES FOR THE CLASSES. ANY OTHER USES TO BE APPROVED BY
RECTOR OFF COMMUNI
DIRECTOR SERVICES,
4, fEE: MONTHLY RENTAL SHALL BE $600 DUE AND PAYABLE IN
ADVANCE ON THE t'IRST DAY OF EACH MON,rH, IF RENT IS NOT PAID v-N
OR BEFORE THE TENTH DAY OF EACH MONTH, A 10 PERCENT PENALTY SHALL
BE APPLICABLE, TENANT WILL PAY ANY POSSESSORY INTERE:":T TAX
ASSESSED
5. Sr URITY -DEPOSITS: TEINANT SHALL PAY THE FIRST AND LAST
MONTHS- RENT UPON EXECUTION OF THIS LEASE, IN ADDITION THERETO,
TENANT SHALL PAY THE SUM OF $300 AS A SECURITY DEPOSIT FOR THE
PERFORIMANCE OF ThiE CONDITIONS OF THIS LEASE, IF AT ANY TIME
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DURING THE TERM HEREOF TENANT FAILS TO PERFORM ANY OF THE
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CONDI_IONS OF THE LEASE OR CRUSES DAMAGE TO THE PREMISES OR
1"AILS TO LEAVE THE DWELLING IN A REASONABLY CLEAN CONDITION
UPON TERMINATION, THEN CITY MAY APPROPRIATE AND APPLY ANY
q
PORTION OF THE SECURITY NECESSARY TO MAKE THE PEPAIRS OR CLEAN
THE PREMISES,
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6, .AEI TENA�VCE: TENANT SHALL MAINTAIN PREMISES INCLUDING
LANDSCAPING IN GOOD CONDITION, IF TENANT FAILS TO MAIN-AIN THE
PREMISES, CITY MAY, AT ITS OPTION, PERFORM NECESSARY MAINTENANCE
AND BILL TENANT FOR THE COST OF SERVICES RENDERED, AND TENANT
SHALL REIMBURSE CITY FOR THE COST THEREOF WITHIN TEN (10) DAYS
AFTER RECEIPT OF BILLING,
?, Ii1T LITIES: CITE'` SHALL PAY FOR WAYER ONLY AT THE
LEASED PREMISES, TENANT SHALL PAY FOR ALL OTHER UTILITIES AT
THE SUBJECT PREMISES,
8. INDEMNIFICATION: DURING THE TERM OF THIS TENANCY;
TENANT AGREES TO I NDEMN I F", DEFEND, AND SAVE C' TY HARMLESS FROM
ANY AND ALL CLAIMS ARISING FROM ANY ACT, OMISSION OR NEGLIGENCE
OF TENANT OR HIS AGENTS OR EMPLOYEES ARISING FROM ANY ACCIDENT.,
INJURY OR DAMAGE WHATSOEVER CAUSED TO ANY PERSON OR PROPERTY
OCC:-RING IN, ON OR ABOUT THE LEASED PREMISES, AND FROM ANY AND
ALL COST, EXPENSE, OR LIABILITY INCURRED IN CONNECTION WITH ANY
SUCH CLAIM OR PROCEEDING
3,
9, ALTERATIONS DURING i'ERM OF TENANCY,, TENANT SHALL NOT
MA+SE ANY ALTERATIONS TO THE PREMISES WITHOUT THE WRITTEN CONSENT
OF CITY,
10, &SSIGNMENT. RE-ENTRY: TENANT SHALL NOT ASSIGN: THE
LEASE OR SUBLET THE PREMISES EXCEPT WITH THE WRITTEN PERMISSION
OF CITY, AND CITY EXPRESSLY RESERVES . THE RIGHT OF PE -ENTRY FOR
ANY VIOLATION OF THIS SECTION OR OTHER CONDITIONS OF THIS LEASE,
AND CITY RESERVES THE RIGHT TO RE-ENTER AND INSPECT THE PREMISES
AT ALL REASONABLE TIMES,
11, INSURANCEi TENANT AGREES TO FURNISH TO CITY AND
MAINTAIN IN FORCE UNTIL TERMINATION OF THIS TENANCY A CERTIFICATE
OF INSURANCE EVIDENCING PURCHASE OF A POLICY OF GENERAL LIABILITY
INSURANCE IN WHICH! CITY IS LN ADDITION NAMED INSURED, THE POLICY
SHALL PROVIDE FOR COVERAGE IN NOT LESS THAN THE FOLLOWING AMOUNTS:
COMBINED SINGLE LIMIT BODILY INJURY AND/OR PROPERTY DAMAGE OF
500,000 PER OCCURRENCE AND SHALL BE ACCEPTABLE TO THE CITY
ATTORNEi AND APPROVED BY THE CITY ATTORNEY PRIOR TO OCCUPANCY OF
THE PREMISES BY TENANT,
ADDITIONALLY, IF TENANT SHALL DURING THE TERM HEREOF OR ANY
EXTENSION THEREOF, EMPLOY ANY PERSOI: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, SHALL FORTHWITH BE PROVIDED CITY
0
IN WITNESS WHEREOF, THE PARTIES HAVE CAUSED Ti. S LEASE TO
BE EXECUTED ON THE DAY, MONTH AND YEAR FIRST ABOVE WRITTEN,
CITY OF HUNTINGTON BEACH,
A MUNICIPAL CORPORATION
,
V
1r,� Q
AT TEST : B A oR
APPROVED AS TO FORM.,
CITY CLERK
cad'
REVIEWED AND APPROVED I T oRN
' INITIATED AND APPROVED:
C�14
��uITY n 5"<ISTRAr 1
/ OMMUNITY 6ER110ES TRECTOR
BY
Return original and three copies of
18CERTIFICAYE
ution:
#tr
Original -- Originating Dept.
completed certificate to;
OF INSURANCE
pproval
Yellowy— Risk Manager
City of Hunts to Beare
�O
By City Attorney
Pink — City Clerk
Dept.
fold —City Attorney
CITY OF HUNTINGTON BEACH, CALIFORNIA
P. 0. Box 190
Huntingtan Boaeh, California 92648
A MUNICIPAL CORPORATION
This is to certify that the policies of insurance as described below have been issued to the insured by the under-
signed and are in fork: Gr at this time. If these policies are cancelled or changed in such a manner that will affect this certificate, the
insurance comp<-iy agrees to give 30 days prior written notice, by mail, to City of Huntington Beach, P. O,. Box 190, Huntington
Beach, California 92648.
Name of insured The Painted Pony
Addressof Insured 220 Main Streets Huntington Beach; CrliforT_iin7t 92648
Location of Insured. Operations same
Description of Operations Decorative Painting & Silk Flowers
POLICIES IN FORCE
POLICY
DUMBER
D TF
LIMITS OF LIABILITY
EFFECTIVE
EXPIRATION
A. Workers Compensation
Statutory
Employers' Liability 'iu2
a Y4!51.
3'. Public Liability:
X $300,000 combined single
Bodily lnl� ry: �NET9
1-19-82.
1-19-83
limit per occurrence.
Manufacturers and GLP GO "
31o6o0
Contractors ❑
Each Person
Comprehensive
Ge;,eral �
$, * Each Accident
(Indiuding products completed
orations)
Property Damage
$ * Zach Accident
C, Automobile .:ability:
Bodily Injury
$ " Each Person
$ Each Accident
Property Damage
$ * Each Accident
Does policy cover: (Please check at least one)
All owned automobiles ( 1 Yes (X) No
Non -owned automobiles j ! Yes C X) No
Hired uutomobiles ( )Yes ( x i N-
D, Additional Insured Endorsement:
T(ie insurer agrees. that the City of Huntington Beach and its City Council, and/or all City Council appointed groups,
committees, commissions, boards and any other City Council appointed body, and/or elective and appointive'officers,
servants a, emptoyeas of the City of Huntington Beach, when acting as such are additional insureds hereunder, for V! e
acts of the insured, and soh insurance shall be primary to any insurance of the City of Huntington Beach,
E. Hold Harmless Agreement: By Insured:'�"-cr-.�t.r.
(Signature)
The insured agrees to protact, defend, indemnifand save harmless the City of HuntingtonBeach against loss, damago or
expense by reason of any ,nits, claims, demands, judgments and causes of sedlon caused by 'insured, his employees, sgents
or any subcontractor or by any third party arising out of or in consequence of the performance; of all or any operatic+-s
cove,,-ed by the certificate of insurance.
F. Remarks; APPROVED AS TO FORM:
GALL HUTTON
City AWrney
By
01
A,
Attorney
Data ,Ian ' 9, 1,982 AUTHORIZED 001ESENTATIVE:OF S NQE CO PANY
INSURANCE COMPANY By
Flame Insurance Comp an roof North AmericaiY t1At1th6,�s4,se �tBtKue/A$o c
Address P. 0. Box 1085 Address P. 0. Pox 270
City orange, California 92668 Telephone 714 536 7525
E�7
City of Huntington Reach
P.O. BOX 190 CALIFORNIA A1648
OFMCE OIL THE CITY CLERK
February 2, 19812.
Virginia Sileski
6331 Anthena Drive
Huntington Beach, Ca.
The City Council of the City of Huntington Beach at its regular
meeting held February 1, 1982, approved an agreement with you for
the use of the building at 2.20 Main Street, Huntington Beach.
Enclosed is a duly executed copy of said agreement together with
a copy of Vie certificate of insurance which you submitted.
Please contact the Community Services Director, if you have any
questions - 536-5292.
Alicia M. Wentworth
City Clerk
AMW:CB.bt
l
REQUES ', p J 1LOCTION
901, � "ZD CT
A.
%I 19.: January 18, 1982
Submmtedto: The Honorable h1a
v
Submitted by: Charles W. Thompson, City Administrato 100
7,
Prepared by: Vincent G. Moorhouse, Director, Co,r,munity Services
Subject: Lease Agreement with Mrs. Virginia Sileski, Proprietor,
Painted Pony
Statement of issue, Recommendation, Analysis-, Funding Source, Alternative Actions, Attachments:
STATEMENT OF ISSUE
Mrs. Virginia Sileski, proprietor of the Painted Pony, has submitted
a request to 4ase an unoccupied, city -owned building located at
220 Main Street for a period of one year.
RECOMMENDATION
Approve the agreement with Mrs. Sileski for use of 220 Main Street
and authorize Mayor to execute same.
ANALYSIS
The office building at 220 Main Street was originally used for the
downtown redevelopment program. The facility was vacant from late
1976 until it was rented in February, 1980 to a sportswear company
for a period of one year. This lease w*s terminated by the company
due to lack of business,
On June 1, 1981, City Ccancil approved a lease agreement with Church
By The Sea, for the purpose of conducting bible studies. This lease
was terminated by the chu"ch on January 1, 1982 due to financial
constraints.
Mrs. Virginia Sileski, proprietor, Painted Pony, has expressed interest
in renting the building for the purpose of conducting folk art and
craft type classes, as well as retail selling of finished articles
and necessary class supplies.
The City Attorney's office has prepared and approved the attached
lease agreement and the proposed tenant has met all city insurance
requirements,
The monthly rent of $600 is based on fifty cents per square foot,
which is conducive to the downtown area.
A background check has been conducted on Mrs. Sileski and found to
be acceptable,
Plo 4/8'1
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Request fog City Council Action January 18, 1982
Page Two
,t.
FUNDING SOURCE
None required.^
ALTERNATIVE ACTIONS
Do not rent the building; leave the facility for t 9. y r city u
ATTAChMENTS
Lease agreement with Mrs. Sileski;
CWT/VGM/VM;Ib
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