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CITY COUNCIL AGENDA ITEM NO. 9

Meeting Date: November 27, 2001

Subject/Title: Approve renewal of leases for 724 Third Street

Submitted by: Dennis Beougher, City Attorney

Approved by: John Stevenson, City Manager



RECOMMENDATION 
Approve lease renewals for REACH, 724 Third Street and LATINO OUTREACH, 724 Third Street.

BACKGROUND
The lease for these two organizations has expired and they have requested a renewal for one year.

REACH is renting approximately 100 square feet of office space at 724 Third Street. The lease expired on June 30, 2001 and will terminate on July 1, 2002. The monthly rent will be $139.00.

LATINO OUTREACH is renting 80 square feet of office space at 724 Third Street. The lease expired on June 30, 2001 and will also terminate on July 1, 2002. The monthly rent will be $127.00.



City of Brentwood 
150 City Park Way
Brentwood, California 94513

LEASE

1. Effective on July 1, 2001, City of Brentwood, hereinafter called “LESSOR”, and REACH, hereinafter called “LESSEE”, mutually agree and promise as follows:

2. LEASE OF PREMISES: LESSOR, in consideration of the rents, hereby leases to LESSEE, and LESSEE accepts at 724 Third Street, Brentwood, California, area containing approximately 100 square feet of office space, more particular described in Exhibit “A” attached hereto and made a part hereof. LESSEE shall have non-exclusive use of the building parking lot. LESSEE has non-exclusive use of the multi-purpose room and kitchen as set forth in the rules and regulations by the City of Brentwood.

3. RENTAL: LESSEE shall pay to LESSOR as rent for said premises a monthly rental fee of $139.oo in advance on the first (1st) and no later than the 10th day of each month during the term of this lease. Any payment received after the 10th day of each month will be subject to a 1 ˝ % late charge fee. Payments are to be sent to LESSOR, 150 City Park Way, Brentwood, California 94513.

4. TERM: The term of this agreement shall be one (1) year, commencing on July 1, 2001.

4. OCCUPANCY: LESSEE shall accept the premises for occupancy, and rent shall be prorated as of the first workday following said approval of premises by LESSEE. LESSEE shall not unreasonably withhold said approval.

5. HOLDING OVER: Any holding over after the term of this lease as provided hereinabove shall be construed to be a tenancy from month to month subject to the terms of lease, as applicable.

6. TERMINATION: Either party may terminate this lease at any time by giving the other party sixty (60) days prior written notice.

7. USES OF PREMISES: The premise shall be used during the term hereof for various office functions.

8. USES PROHIBITED: LESSEE shall not do or permit anything to be done in or about the premises not bring or keep any thing therein which is not within the permitted use of the premises which will in any way increase the existing rate of or affect any fire or other insurance on the building or any part thereof or any of its contents. LESSEE shall not do or permit anything to be done in or about the premises which will in any way obstruct or interfere with the rights of LESSOR in the use of its adjacent premises or injure or annoy LESSOR in the use of its adjacent premises. LESSEE shall not use or allow the premises to be used for any improper, immoral, unlawful or objectionable purpose; nor shall LESSEE cause maintain or permit any nuisance in, or about the premises. LESSEE shall not commit or allow to be committed any waste in or about the premises.

9. COMPLIANCE WITH LAW: LESSEE shall not use the premises, or permit anything to be done in or about the premises, which will in any way conflict with any law, rule or regulation now in effect or which may hereafter be enacted. LESSEE shall, at its sole cost and expense, promptly comply with all laws, rules and regulations now in force or which hereafter be in force relating to or affecting the condition, use or occupancy of the premises, excluding structural changed not related to or affected by LESSEE’S improvements or acts.

10. ASSIGNMENTS AND SUBLETTING: LESSEE shall not either voluntarily or by operation of law assign this lease or sublet the whole or any part of the premises, without the written consent of LESSOR and any attempt to assign or sublet the premises without the written consent of LESSOR shall be void, and shall, at the option of LESSOR, constitute a default under the terms of this lease. No use shall be made of said premises for purposes other than those specified in this lease, (pg. 1), without written consent of LESSOR. No use shall be made of said premises by parties other than hose herein specified as “LESSEE” without the written consent of LESSOR.

11. UTILITIES AND JANITORIAL SERVICE: LESSOR shall furnish during reasonable business hours electric, water, gas, sewer, heating, ventilating and air conditioning services, garbage pick-up, custodial and maintenance services to the leased premises.

12. MAINTENANCE AND REPAIRS:

a. LESSOR shall keep exterior of the premises in good order, condition and repair, including exterior doors and their fixtures, closures and hinges, and windows.
b. LESSOR shall keep and maintain the interior of the premises in good order, condition and repair, including any and all electrical, lighting, water, plumbing, heating, ventilating and air conditioning systems.
c. LESSOR shall provide and install at the direction of the Fire Marshall, the necessary number of A-B-C fire extinguishers and exit signs for the premises. LESSOR shall thereafter maintain, repair and replace said extinguishers.
d. LESSEE shall not suffer any waste on or to the demised premises.
e. LESSEE shall not be responsible for the correction of any applicable building, Cal/OSHA and/or Fire Code Violations; provided LESSOR shall not be liable for correction of code violations which arise out of and are directly related to a change in LESSEE’S occupancy or use of said premises.

13. ALTERATIONS, FIXTURES, AND SIGNS: LESSEE may make any lawful and proper minor alterations, attach fixtures and signs in or upon the premises which shall remain LESSEE property and shall be removed there from by LESSEE prior to the termination of this lease, all signs and alterations to meet with existing Code requirements and LESSOR’s approval. Any such alterations, signs or fixtures shall be at LESSEE’S sole cost and expense. Upon removal of said fixtures and signs, LESSEE shall pay to LESSOR the reasonable cost of repair of any damage to the premises.

14. HOLD HARMLESS: It is understood and agreed that the LESSOR shall not in any way be responsible for damages to persons or property in an upon said premises while said persons are on LESSEE business, and shall not be held liable for any liability, claim or suit for damages to the person or property of anyone whomsoever while in or upon said leased premises during said term in conjunction with performance of LESSEE business, and the LESSEE hereby agrees to indemnify and hold harmless the LESSOR from any liability charges of any kind or character by reason of such injury or damage claim or suit liability arising there from in, around or upon said leased premises, except the LESSEE shall not be liable in the case of any structural, mechanical or other failure of equipment of building owned and maintained by the LESSOR which results in damage to any person or property. LESSEE at its cost shall maintain on all its personal property, LESSEE’S improvements, alterations, in, or about the premises, a policy of property insurance or a “Special form” basis. The proceeds from any such policy shall be used by LESSEE for the replacement of personal property or the restoration of LESSEE’s improvement or alterations. The LESSOR agrees to hold the LESSEE completely harmless from damages to persons or property and LESSEE shall not be held liable for any liability, claim or suit for damages to the persons or property when and if said persons or property are in the demised premises and not on LESSEE business.

15. DESTRUCTION: If lease premises or any essential part thereof by destroyed by fire, earthquake, or other casualty, this lease shall, in the case of total and substantial destruction, immediately terminate and, in case of partial destruction or damage, shall terminate at the option of either party on giving written notice to the other party within fifteen (15) days after such fire or casualty, an no rent shall accrue or be payable to LESSOR after such termination. Should LESSEE and LESSOR not elect to terminate said lease as provided in this paragraph, LESSOR shall prevent LESSEE from occupying the whole or a portion of the demised premises. LESSEE shall be entitled to proportionate reduction of the said rent from the date the demised premises shall be repaired by LESSOR.

16. QUIET ENJOYMENT: LESSOR covenants that LESEE shall at all times during the said term peaceably and quietly have, hold and enjoy the demised property without suit, trouble or hindrance from or on account of LESSOR as long as LESSEE fully performs hereunder.

17. DEFAULTS: In the event of LESSEE breach of any of the covenants or conditions herein, including rent payment, LESSOR may re-enter and repossess the premises and remove all persons and property there from after giving LESSEE written notice of such breach and in accordance with due process of the law. In the event of such a breach by LESSOR, LESSEE may quite the premises without further cost or obligation or may proceed to repair the building or correct the problem resulting from the breach and deduct the cost thereof from rental payments due to LESSOR, provided that LESSEE has given LESSOR written notice of said breach and provided that LESSOR has not made a substantive effort to correct the breach.

18. SURRENDER OF PREMISES: On the last day of the said term, LESSEE will peaceably and quietly leave and surrender to LESSOR these premises with their appurtenances and fixtures (except signs and fixtures referred to hereinabove) in good order, condition and repair, reasonable sue and wear thereof, any damage of earthquake, fire, public calamity, by the elements, by Act of God, or by circumstances over which LESSEE has no control excepted. LESSEE shall not be liable for painting the interior of the premises upon termination of this lease.

19. INSPECTION: LESSOR reserves the right to enter the premises between the hours of 8:00 AM and 4:30 PM, Monday through Friday, and to employ the proper representative to ensure that the property is being reasonably cared for, that no waste is being made, and that all things are done in the manner best calculated for the preservation of the property, and in full compliance with the terms and conditions of this lease.

20. SUCCESSORS: The terms and provisions of this lease shall extend to and be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the respective parties hereto, jointly and severally.


21. TIME IS OF THE ESSENCE of each and all of the terms and provisions of this lease.



LESSEE LESSOR

REACH City of Brentwood

BY: BY: 

BY: BY: 

Date: Date: 


City of Brentwood 
150 City Park Way
Brentwood, California 94513

LEASE

22. Effective on July 1, 2001, City of Brentwood, hereinafter called “LESSOR”, and East County Detoxification (SIRA) now called Latino Outreach, hereinafter called “LESSEE”, mutually agree and promise as follows:

23. LEASE OF PREMISES: LESSOR, in consideration of the rents, hereby leases to LESSEE, and LESSEE accepts at 724 Third Street, Brentwood, California, area containing approximately 80 square feet of office space, more particular described in Exhibit “A” attached hereto and made a part hereof. LESSEE shall have non-exclusive use of the building parking lot. LESSEE has non-exclusive use of the multi-purpose room and kitchen as set forth in the rules and regulations by the City of Brentwood.

24. RENTAL: LESSEE shall pay to LESSOR as rent for said premises a monthly rental fee of $127.oo in advance on the first (1st) and no later than the 10th day of each month during the term of this lease. Any payment received after the 10th day of each month will be subject to a 1 ˝ % late charge fee. Payments are to be sent to LESSOR, 150 City Park Way, Brentwood, California 94513.

25. TERM: The term of this agreement shall be one (1) year, commencing on July 1, 2001.

26. OCCUPANCY: LESSEE shall accept the premises for occupancy, and rent shall be prorated as of the first workday following said approval of premises by LESSEE. LESSEE shall not unreasonably withhold said approval.

27. HOLDING OVER: Any holding over after the term of this lease as provided hereinabove shall be construed to be a tenancy from month to month subject to the terms of lease, as applicable.

28. TERMINATION: Either party may terminate this lease at any time by giving the other party sixty (60) days prior written notice.

29. USES OF PREMISES: The premise shall be used during the term hereof for various office functions.

30. USES PROHIBITED: LESSEE shall not do or permit anything to be done in or about the premises not bring or keep any thing therein which is not within the permitted use of the premises which will in any way increase the existing rate of or affect any fire or other insurance on the building or any part thereof or any of its contents. LESSEE shall not do or permit anything to be done in or about the premises which will in any way obstruct or interfere with the rights of LESSOR in the use of its adjacent premises or injure or annoy LESSOR in the use of its adjacent premises. LESSEE shall not use or allow the premises to be used for any improper, immoral, unlawful or objectionable purpose; nor shall LESSEE cause maintain or permit any nuisance in, or about the premises. LESSEE shall not commit or allow to be committed any waste in or about the premises.

31. COMPLIANCE WITH LAW: LESSEE shall not use the premises, or permit anything to be done in or about the premises, which will in any way conflict with any law, rule or regulation now in effect or which may hereafter be enacted. LESSEE shall, at its sole cost and expense, promptly comply with all laws, rules and regulations now in force or which hereafter be in force relating to or affecting the condition, use or occupancy of the premises, excluding structural changed not related to or affected by LESSEE’S improvements or acts.

32. ASSIGNMENTS AND SUBLETTING: LESSEE shall not either voluntarily or by operation of law assign this lease or sublet the whole or any part of the premises, without the written consent of LESSOR and any attempt to assign or sublet the premises without the written consent of LESSOR shall be void, and shall, at the option of LESSOR, constitute a default under the terms of this lease. No use shall be made of said premises for purposes other than those specified in this lease, (pg. 1), without written consent of LESSOR. No use shall be made of said premises by parties other than hose herein specified as “LESSEE” without the written consent of LESSOR.

33. UTILITIES AND JANITORIAL SERVICE: LESSOR shall furnish during reasonable business hours electric, water, gas, sewer, heating, ventilating and air conditioning services, garbage pick-up, custodial and maintenance services to the leased premises.

34. MAINTENANCE AND REPAIRS:

a. LESSOR shall keep exterior of the premises in good order, condition and repair, including exterior doors and their fixtures, closures and hinges, and windows.
b. LESSOR shall keep and maintain the interior of the premises in good order, condition and repair, including any and all electrical, lighting, water, plumbing, heating, ventilating and air conditioning systems.
c. LESSOR shall provide and install at the direction of the Fire Marshall, the necessary number of A-B-C fire extinguishers and exit signs for the premises. LESSOR shall thereafter maintain, repair and replace said extinguishers.
d. LESSEE shall not suffer any waste on or to the demised premises.
e. LESSEE shall not be responsible for the correction of any applicable building, Cal/OSHA and/or Fire Code Violations; provided LESSOR shall not be liable for correction of code violations which arise out of and are directly related to a change in LESSEE’S occupancy or use of said premises.

35. ALTERATIONS, FIXTURES AND SIGNS: LESSEE may make any lawful and proper minor alterations, attach fixtures and signs in or upon the premises which shall remain LESSEE property and shall be removed there from by LESSEE prior to the termination of this lease, all signs and alterations to meet with existing Code requirements and LESSOR’s approval. Any such alterations, signs or fixtures shall be at LESSEE’S sole cost and expense. Upon removal of said fixtures and signs, LESSEE shall pay to LESSOR the reasonable cost of repair of any damage to the premises.

36. HOLD HARMLESS: It is understood and agreed that the LESSOR shall not in any way be responsible for damages to persons or property in an upon said premises while said persons are on LESSEE business, and shall not be held liable for any liability, claim or suit for damages to the person or property of anyone whomsoever while in or upon said leased premises during said term in conjunction with performance of LESSEE business, and the LESSEE hereby agrees to indemnify and hold harmless the LESSOR from any liability charges of any kind or character by reason of such injury or damage claim or suit liability arising there from in, around or upon said leased premises, except the LESSEE shall not be liable in the case of any structural, mechanical or other failure of equipment of building owned and maintained by the LESSOR which results in damage to any person or property. LESSEE at its cost shall maintain on all its personal property, LESSEE’S improvements, alterations, in, or about the premises, a policy of property insurance or a “Special form” basis. The proceeds from any such policy shall be used by LESSEE for the replacement of personal property or the restoration of LESSEE’s improvement or alterations. The LESSOR agrees to hold the LESSEE completely harmless from damages to persons or property and LESSEE shall not be held liable for any liability, claim or suit for damages to the persons or property when and if said persons or property are in the demised premises and not on LESSEE business.

37. DESTRUCTION: If lease premises or any essential part thereof by destroyed by fire, earthquake, or other casualty, this lease shall, in the case of total and substantial destruction, immediately terminate and, in case of partial destruction or damage, shall terminate at the option of either party on giving written notice to the other party within fifteen (15) days after such fire or casualty, an no rent shall accrue or be payable to LESSOR after such termination. Should LESSEE and LESSOR not elect to terminate said lease as provided in this paragraph, LESSOR shall prevent LESSEE from occupying the whole or a portion of the demised premises. LESSEE shall be entitled to proportionate reduction of the said rent from the date the demised premises shall be repaired by LESSOR.

38. QUIET ENJOYMENT: LESSOR covenants that LESEE shall at all times during the said term peaceably and quietly have, hold and enjoy the demised property without suit, trouble or hindrance from or on account of LESSOR as long as LESSEE fully performs hereunder.

39. DEFAULTS: In the event of LESSEE breach of any of the covenants or conditions herein, including rent payment, LESSOR may re-enter and repossess the premises and remove all persons and property there from after giving LESSEE written notice of such breach and in accordance with due process of the law. In the event of such a breach by LESSOR, LESSEE may quite the premises without further cost or obligation or may proceed to repair the building or correct the problem resulting from the breach and deduct the cost thereof from rental payments due to LESSOR, provided that LESSEE has given LESSOR written notice of said breach and provided that LESSOR has not made a substantive effort to correct the breach.

40. SURRENDER OF PREMISES: On the last day of the said term, LESSEE will peaceably and quietly leave and surrender to LESSOR these premises with their appurtenances and fixtures (except signs and fixtures referred to hereinabove) in good order, condition and repair, reasonable sue and wear thereof, any damage of earthquake, fire, public calamity, by the elements, by Act of God, or by circumstances over which LESSEE has no control excepted. LESSEE shall not be liable for painting the interior of the premises upon termination of this lease.

41. INSPECTION: LESSOR reserves the right to enter the premises between the hours of 8:00 AM and 4:30 PM, Monday through Friday, and to employ the proper representative to ensure that the property is being reasonably cared for, that no waste is being made, and that all things are done in the manner best calculated for the preservation of the property, and in full compliance with the terms and conditions of this lease.

42. SUCCESSORS: The terms and provisions of this lease shall extend to and be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the respective parties hereto, jointly and severally.

43. TIME IF OF THE ESSENCE of each and all of the terms and provisions of this lease.


LESSEE LESSOR

Latino Outreach City of Brentwood

BY: BY: 

BY: BY: 

Date: Date:

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