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Home My WebLink About1997-028 Bank of Santa Maria - Space Lease Agmt. CITY OF ATASCADERO Contract #97028 July 17, 1997 William E. Watton, Acting Chief ATASCADERO POLICE DEPARTMENT 5505 El Camino Real Atascadero, California 93030 RE: Bank of Santa Maria ATM Dear Mr. Watton: This letter is intended to set forth the terms and conditions of a Space Lease Agreement between the City of Atascadero as Lessor ("City") and the Bank of Santa Maria as Lessee ("Bank"). 1. The City shall make available to the Bank space in the main lobby of the police department building located at 5505 El Camino Real, Atascadero, California for the installation of the automatic teller machine ("ATM"). The space shall be located in the Northeast corner of the lobby and shall be installed attached to the wall. 2. There shall be no rent charge for use of the space. The term of this Lease shall be a period of one year commencing upon approval of the ATM location by the California State Department of Banking and the issuance of all other permits required for the installation and operation of the ATM. After the initial one (1) year term, the Lease shall continue from month to month, and shall be terminable on not less than ninety (90) days written notice from one party to the other. Either party-may give such written notice of termination at any time after 9 months from the commencement day of this lease. 3. The City shall give the Bank and it's contractors access to the space and surrounding areas of the police department building for purposes of installing the ATM within five (5) days after the bank has obtained all necessary permits for the same. The Bank shall pay all costs associated with the installation of the ATM, including any alterations to the premises and shall hold the City free and harmless of any liability associated therewith. 4. Subject to the Bank making the necessary electrical connections to the City's electrical system in the building, the City shall supply the electricity necessary to operate the ATM and shall illuminate the area where it is located. 5. The Bank and it's representatives, including maintenance personnel and armed guard courier companies, shall have access to the premises during the City's regular business hours for purposes of servicing and maintaining the ATM, including replenishment of cash. During the Lease term, the Bank shall maintain the ATM and the area immediately surrounding 0000 .x� City of Atascadero Contract #97028 Page 2 of 2 the same, which is subject to this Lease, in a neat and clean condition and shall make any repairs to the same necessary due to the installation or use of the ATM. 6. The City shall keep the area where the ATM is located available for access by the Banks customers during normal business hours. Subject to any applicable City signage ordinance, Bank shall be permitted to install a tasteful and appropriate sign on the exterior of the premises advertising the Bank's name and the location of the ATM. 7. The Bank shall be solely responsible for loss or damage to, or theft from the ATM and hereby releases the City from any such liability from theft or loss associated with the ATM. 8. The Bank shall maintain fire and casualty insurance adequate to cover any loss or damage to the ATM and public liability insurance to cover any injuries to persons entering the City's premises for the purpose of using the ATM. A copy of the insurance policy will be provided by the Bank to the City prior to the commencement of this lease. 9. The Bank shall defend, indemnify and hold the City free and harmless from any liability arising out of or occasioned by the use by any third party of the ATM. Included within the Bank's obligations to defend and indemnify is the obligation to pay any attorneys fees or court costs reasonably incurred by the City in defending any actions commenced by third parties against the City arising out of the use of the ATM. If these terms and conditions meet with your approval, please so indicate by obtaining the signature of the appropriate City official on the enclosed copy of this letter and return it to me. We will then seek the approval of the State Banking Department to install the ATM and will arrange with our contractor to obtain the necessary permits and coordinate the installation. If you have any questions regarding this, please do not hesitate to contact me. Sincerely, ou,Pa s ra e``dl y5 The foregoing Lease Agreement is hereby approved. Dated: ;to-Q 7 CITY OF ATASCADERO By: 6t6w- 000027 RESOLUTION NO. 81-97 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH BANK OF SANTA MARIA FOR AN ATM IN THE POLICE DEPARTMENT LOBBY The City Council of the City of Atascadero, California hereby resolves as follows: 1 . The Mayor is hereby authorized to execute an agreement (attached hereto as Exhibit "A") with Bank of Santa Maria for installation of an automatic teller machine (ATM) in the Police Department lobby. 2. The Interim City Manager is hereby authorized to make minor corrections or modifications of a mathematical or clerical nature. A PASSED AND ADOPTED at a regular meeting of the City Council of the City of Atascadero held on the 12" of August, 1997. ATTEST: CITY OF ATASCADERO MARCIA M. TORGERSON, City Clerk RAY JO NS N, Ma or APPROVED AS TO FORM: ROY . HA LEY, City Attorney ............................ .... ........................... ................... DATE(MMMONY) .............. 8 . ... . ..... ...... .. . .. AAAWN _.flj.:ZlRTl: INSU . .. ....... iiii PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ACQUISTAPACE INSURANCE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICES BELOW. P 0 BOX 1099 COMPANIES AFFORDING COVERAGE SANTA MARIA CA 93456 COMPANY A U S F & G INSURANCE COMPANY INSURED COMPANY BANK OF SANTA MARIA 13 COMPANY P.O. BOX 6090 C SANTA MARIA, CA. 93456-6090 compANy D VIA ............ . ... ............. ..... ..........I X X .. . .- ........... ............ .. ...... ........... . ................... .... THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. JSO POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS TYPE OF INSURANCE DATE(MMAMYY (MM/DD/YY) ITS LTR DATE(MM I k GENERAL LIABILITY 30123957601 3/10/97 3/10/98 GENERAL AGGREGATE $1, 000, 000 X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/0P AGG $1, 000,000 CLAIMS MADEOCCUR PERSONAL&ADV INJURY $1, 000,000 F OWNER'S&CONTRACTORS PROT EACH OCCURRENCE $1, 000,000 FIRE DAMAGE(Any one fire) $ 50,000 MED EXP(Any one person) $ 5,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per socklent) PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND STATUTORY LIMITS 02PLOYEPS'UASPLITY EACH ACCIDENT $ THE PROPRIETOR/ INCL DISEASE-POLICY LIMIT $ PARTNERSIEXECUTIVE OFFICERS ARE: EXCL DISEASE-EACH EMPLOYEE $ OTHER DESCRIPTION OF OpERATIONS&OCAMNSNEHICLE&IBPECIAL ITEMS COVERAGE CONTINUOUS DURING CONSTRUCTION AND THEREAFTER ..................... ....... .... SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF ATASCADERO EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAL 10 DAYS wRrrMN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 5505 EL CAMINO REAL BUT FAILURE TO MAL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY ATASCADERO, CA 93422 OF ANY UPON THE COMPANY,4AGENTS OR REPRESENTATIVES. AUTHORIZE E Rob . COR A .......... Z . ..... .. .... AW N&N .00 0 ...... .. t Om 0 UZ b Page 1 of 2 • ierM 6C 4S Patti Deirmenjian From: Marianne Clarke Sent: Thursday, May 31, 2007 11:02 AM To: Patti Deirmenjian Subject: FW: Quick Question Here is the answer on the machine... COP doesn't recall any type of Lease agreement however From: Ann Banks f Sent: Thursday, May 31, 2007 10:49 AM {� ' To: Marianne Clarke Cc: Patti Deirmenjian Subject: RE: Quick Question Yes, indeed. The historian remembers. One of our volunteers arrangd for the whole thing an the bank pulled it because of lack of use. It started somewhere in the early 90's and ended soon after. Way back when Mr. McHale was incharge. From: Marianne Clarke Sent: Thursday, May 31, 2007 10:44 AM To: Ann Banks Subject: FW: Quick Question Do you know anything about this? I never heard of it. THANKS O From: Marianne Clarke Sent: Thursday, May 31, 2007 10:43 AM To: Patti Deirmenjian Subject: RE: Quick Question I have never heard of this Patti! Wow... I'll have to inquire about this with Ann Banks and she is currently extremely busy in dispatch. Ann has been here for quite a few years and I would think if such a thing ever existed, she would know about it. Let me get back to you. THANKS and Happy Thursday to you O, Marianne From: Patti Deirmenjian Sent: Thursday, May 31, 2007 10:10 AM To: Marianne Clarke 5/31/2007 Page 2 of 2 Subject: Quick Question Hi Marianne! How are you? I have a question for you - is there an ATM in the lobby of PD through the Bank of Santa Maria? I am researching a space lease agreement with the City and BSM and there isn't anything in the contract file stating that the lease has been terminated. Thank you! Patti Patricia Deirmenjian Adrrrirristratize jIssa'stant City of)ltascad'ero 6907 Ef Camiuo,,R4 of ;Ittascarfert>,( i 13912 (805)'47o-3422 5/31/2007