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HomeMy WebLinkAboutAgenda Packet 08/22/1995 * PUBLIC REVIEW COPY " P/"sir do not remove frStn?whfllter AGENDA ATASCADERO CITY COUNCIL REGULAR MEETING CITY ADMINISTRATION BUILDING 6500 PALMA AVENUE, 4TH FLOOR ROTUNDA RC OM Tuesday, August 22, 1995 7:00 P.M. This agenda is prepared and posted pursuant to the requirements of Government Code Section 54954.2. By listing a topic on this agenda, the City Council has expressed its intent to discuss and act on each item. In addition to any action identi ed in the brief general descrip#ion of each item, the action that may be taken shall includ : A referral to staff with specific requests for information; continuance; specific direction to staff concerning the policy ormission of the item;discontinuance of consideration, authorization to`enter into negotiations and execute agreements pertaining to the item, adoption or approval; and, disapproval. Copies of the staff reports or other documentation relating to each it of business referred to on the agenda are on file in the office of the City Clerk(Room 08)and in the Information Office /Room 1031, available for public inspection during Cit Hallbusiness hours. The City Clerk will answer any questions regarding the agenda. In compliance with the Americans with Disabilities Act, if you need speci assistance to participate in a City meeting or other services offered by this City,please ntact the City Manager's Office ((805) 461-5010) or the City Clerk's Office ((80 ) 461-5074). Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonablearrangements can be rn de to provide accessibility to the meeting or service. RULES OF PUBLIC PARTICIPATION:` PLEASE SEE BACK PAGE CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL CITY COUNCIL COMMENTS PRESENTATIONS: 0 Presentation of former Curbaril Bridge dedication pla ue to City COMMUNITY FORUM: Please see "Rules of Public Part cipatio " (Back Page) A. CONSENT CALENDAR: All matters listed under Item A, Consent Calendar, are considered to be routine, and will be enacted by one motion in the form listed below. There will be no separate discussion on these items. A member of the Council or public may, by request, have any item removed from the Consent Calendar, which shall then be reviewed and acted upon separately after the adoption of the Consent Calendar. 1. CITY TREASURER'S REPORT - June 1995 City Treasurer's recommendation: Accept 2. APPROVAL OF WARRANTS FOR THE MONTH OF JULY, 1995 Staff recommendation: Approve 3. ACCEPTANCE OF WEST FRONT STREET OVERLAY IMPROVEMENTS Staff recommendation: Approve 4. ACCEPTANCE OF RECLAIMED WATER EXTRACTION WELLS, PHASE 1 IMPROVEMENTS Staff recommendation: 'Approve 5. RESOLUTION NO 81-95 - Endorsing the application to the California Depart- ment of Aging for designation of S.L.O. County as a planning and service area Staff recommendation: Adopt B. PUBLIC HEARINGS; 1. AMENDMENT TO THE CITY'S PORTION OF THE S.L.O.COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FINAL STATEMENT (Site acquisition by Loaves & Fishes) Staff recommendation: Approve C. REGULAR BUSINESS: 1. POLICY PERTAINING TO THE NAMING OF PUBLIC BUILDINGS, PARKS & FACILITIES IN THS CITY StafflParks & Recreation Commission recommendation: Approve 2. LEASE AGREEMENTS FOR TENANTS OF THE ATASCADERO YOUTH RECREA- TION CENTER BUILDING Staff/Parks & Recreation Commission recommendation: Approve 3. AGREEMENT WITH TRAVIS DEVELOPMENT CORP. TO ADVANCE MONIES FOR DOWNTOWN`PARKING LOT' Staff recommendation: Approve 2 4. REPORT REGARDING REQUEST OF NORMA E. SCOTT FOR FEE WAIVERS (re: 8800 Pueblo Ave.) Staff recommendation: Approve 5. ORDINANCE NO. 289 - Amending Zoning Ordinance text tc allow "offices" in the downtown pedestrian retail overlay zone (ZC 95004) Staff recommendation: (1) Motion to adopt on second rea ing by title only D. COMMITTEE REPORTS (The following represent ad hoc or standing committees. Informative status reports will be given, as felt necessary.): 1 . S.L.O. Council of Governments/S.L.O. Regional Transit Authority 2. City/School Committee 3. County Water Advisory Board/Nacimiento Water Pur teyors Advisory Group 4. Economic Round Table 5. finance Committee 6. Air Pollution Control District 7. Upper Salinas Riv. Coordinated Resource Mgmt. and P anning Committee 8. North County Council 9. Integrated Waste Management Authority - E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council 2. City Attorney 3. City Clerk 4. City Treasurer 5. City Manager: Joint'meeting with City Councils in SLO County'(suggest Wednesday, September 27 1995) F. ADJOURNMENT: The Council will adjourn to 7.00p,m. on Tuesday,August 29, 1995, 4th Floor Club Room, for the purpose of conducting interviews of applicants to the Planning Commission. Said meeting is open to the public. 3 RULES OF PUBLIC PARTICIPATION: The City Council welcomes and encourages your ideas and comments as a" citizen. To increase the effectiveness of your participation, please familiarize yourself with the following rules of decorum: Q Members of the audience may speak on any item on the agenda, in the order the item(s) are addressed by the Council, as directed by the Mayor. ,'items not on the agenda should be submitted during the Community Forum period (see below). o' ` Persons wishing to speak should step to the podium and state their name and address, for the official record. O All remarks shall be addressed to Council, as a whole, and not to any individual member thereof. O No person shall be permitted to make slanderous, profane or personal remarks against any elected official, commissions and staff. 0 A person may speak for five (5) minutes. o until everyone wishing to speak has had No one may speak for a second time _ y g p an opportunity to do so, and no one may speak more than twice on any item. 0 Council Members may question any speaker; the speaker may respond but, after the allotted time has expired, may not initiate further discussion. O The floor will then be closed to public participation and open for Council discussion. ; COMMUNITY FORUM: o The Community Forum period is provided to receive comments from the public on matters other than scheduled agenda items. o A maximum of 30 minutes will be allowed for Community Forum, unless Council authorizes an extension. o State law does not allow the Council to take-action :on issues not on the agenda; staff may be asked to follow up on such items. REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item A- 1 Through: Mi.cki Korba, City Treasurer Meeting Date: 8/22/95 From: Brad WhittY, Finance Director " SUBJECT: Treasurer's Report June, 1995 RECOMMENDATION• Council review and accept. Attachment: Treasurer's Report, June, 1995 l 00000i CITY OF ATASCADERQ TREASURER'S REPORT FOR THE X011TH OF JUNE (unaudited) GENERAL FISCAL iCCt7UNT IN ST E=g AGENT BEGIN. BALANCE $509,160 6,152,722 516,800 $7,178,682 RECEIPTS 590,113 128,121 718,234 DISBURSEMENTS <1,007,681> -0-- <11007,68l> TRANSFERS IN 260,00Q -0- -0- TRANSFERS OUT -0-- <260,000> -t}- OTHER -0- -0- -0- -£- BALANCE $351,592 5,892,722 644,921 ' $,6,X389,235 DEPOSITS IN 26,765 TRANSIT CHECKS OUTSTANDING <292,327> ADJUSTMENTS ADJUSTED TREASURER'S BALANCE $6,623,673 f CITY OF ATASCADERO hg� MURIEL"C. KORBA City Treasurer a:trea.s-rpt #40 000002 ALL FUNDS - GENERAL ACCOUNTIINVESTMENTS RESERVED UNRESERVED FUNDS CASH ( 1) CASH (2) General Fund Pooled Cash $ $<296, 898> Oas Tax Fund Pooled Cash 500436 evelopment Fee Pooled Cash 18 Donations Pooled Cash 4,698 A.D. #4 - Reserve Pooled Cash 41,808 Zoo Enterprise Pooled Cash < 13,932> 92 St.A.D. Resrv. Pooled Cash 45 Payroll Trust Pooled Cash < 40t556> TRAN Repayment Pooled Cash 1,361, 164 94 CDBG Pooled Cash < 5,438> 93 STBG-688 Pool Cash 49,903 93 EDBG-268 Pool Cash Dial-A-Ride Pooled Cash 62,229 Wastewater Fund Pooled Cash 1,447,642 Lake Park Pavil. Pooled Cash < 11,072> Aquatics Pooled Cash < 4,064> Recreation Pooled Cash < 41,792> Tree Plant Fund Pooled Cash 29, 817 Tree Assn Fund Pooled Cash < 268> Sidewalk Trust Pooled Cash 43,812 Emergency Services Pooled Cash 5,742 Police Training Pooled Cash < 1,926> Weed Abatement Pooled Cash 28,758 A.D. #3Redemptn. Pooled Cash 7,281 A.D. #4 Redemptn. Pooled Cash 56,521 A.D. #5 Redemptn. Pooled Cash <2,920> amino Real Redm Pooled Cash 47,584 W Street A.D. Redemptn Pooled Cash 97,244 Santa Rosa AD #7 <107> 89 COP Debt Svc Pooled Cash <54383> Capital Project Pooled Cash < 94,439> ' 89 COP Const. Pooled Cash -0- Pol. Dev. Fees Pooled Cash ' 7,287 Fire Dev. Fees Pooled Cash 51,718 , P&R Dev. Fees Pooled Cash 56,716 Drain. Dev. Fees Pooled Cash 353,474 Amapoa-Tec. Fee Pooled Cash 207,339 Public Works Pooled Cash <11,307> St. Main. Dist. Pooled Cash 40, 111 TDA Non-Transit Pooled Cash 46,359 Sewer Facilities Capital 2,036,437 Camino Real Const. Pooled Cash 164,953 Las Encinas Const. Pooled Cash 115,353 3F Meadows Const. Pooled Cash 94,642 Santa Rosa A.D. #7 Pooled Cash 48,763 TOTAL ALL FUNDS 1,657,338 $4,321,414 CASH WITH FISCAL AGENT Camino Real Resr Cash $ 202,766 92 St. A.D. Resv Cash 45,684 Wastewater Fund Cash 67,374 0" no Real Redm. Cash 33 2St. A.D. Redm. Cash 115 89 COP Debt Svc. Cash 328,949 TOTAL WITH FISCAL AGENT $ 644,921 TOTAL RESTRICTED CASH UNRESTRICTED CASH $6,623,673 000003 INVESTMENTS TIME DEPOSITS CERTIFICATES OF DEPOSIT, SAVINGS, AND LOCAL AGENCY INVESTMENT FUND 6/30/95 INTEREST TIME DEPOSITS: AMOUNT RECEIVED (4) Orange County Investment Pool/TRAN $ -0-(6) $ 29,354 Orange County Investment Pool -0-(6) 115,021 Local Agency Investment Fund - Reg. 4,532,722 31,760 Local Agency Investment Fund - TRAN 1,360,000(3) TOTAL TIME DEPOSITS $5,892,722 176, 135 Mid-State Interest Received 8,563 TOTAL INTEREST RECEIVED $184,698(5) Notes: ( 1) Reserved Fund Cash is specified for City debt service. (2 ) Unreserved Fund cash can be used for normal operations of the City. (3) The City must repay the $1,300,000. Tax Revenue Anticipation Note (TRAM) from this fund including $59,634 interest at 4.60% per annum by July, 1995. (4) June, 1995 interest yields were as follows: Orange County Not available LAIF 5.99% Mid-State 2.55% (5) This is actual amount deposited to City accounts through April 30, 1995 and does not reflect interest amounts accrued but not received. Also not included above are interest amounts earned in Fisc4l Agent or County accounts, which are used for bond retirement purposes. (6) On December 6th, Orange County filed a Chapter 9 bankruptcy with the courts. The City had $5,082,641 in the Orange County Investment Pool (OCIP) as of that date. The City withdrew $1,355,282 from the OCIP on January 26, 1995. No interest has been posted to the City' s OCIP account since September, 1994. The City received another cash distribution on May 19, 1995 for $2,572,076. The City recognized a loss of $1, 155,283.04 on the OCIP for the 1994-95 fiscal year. The City is attempting to recover the principal plus interest through a lawsuit filed against the OCIP. 000004 REPORT TO CITY COUNCIL Feting Date: 08/22/95 CITY OF "ATASCADERO Agenda Items: A 2 Through: Andy Takata, City Manager From: Bradford Whitty, Finance Director SUBJECT: Payment of Audited Bills and Payroll for the month cf July, 1995. RECOMMENDATION Approve certified City accounts payable, payroll and payroll vendor checks for the month of July, 1995. Attached, for City Council review and approval, are the following: A. Payroll Period End 07/07/95 Ck. #21837-22020 342,379.47 Period End 07/21/95 Ck. #22081-22244 338,861.46 B. Special Payroll Dated 07/07/95 Ck. #21834 1,000.00 Dated 07/14/95 Ck. #22021 108.03 Dated 07/23/95 Ck. #21717 VOID (126.`09) Dated 07/'21/95 Ck. #21960 VOID ( 98.98) Dated 07/21/95 Ck. #22047 225.07 Dated 07/21/95 Ck. #22050-220.73 14,269.50 C. Payroll Vendors Dated 07/20/95 Ck. #22030-22046 43,387.36 Dated 07/21/95 Ck. #22076-22078 3,920.77 Dated 07/28/95 Ck. #22247-22263 67,036.67 - Dated 7 036.67 "Dated 07/31/95 Ck. #22449-22453 34,190.38 Accounts Payable Ck. #50731-51049 400,526.30 The undersigned certifies that the attached demands have been released for, payment in the total amount of $845,679.94 and have been reviewed in conformity with the budget of the City of Atascadero and that fundsare available for the e demands. Dated: s RADFORD WH TTY, Finai ce Director Approved by the City Council at a meeting held Augu 22, 1995. 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G I [-_.c-rr re-.rrrr rr r r r rrr r r.hrr rr rr c C.C.c G G C C G C G G C.c C.C.G G G G G G Cl C G G C' Cr.PI NN G H 1 r,d'V.cDr W P.C• cG 1- 00 P.G ^•N m'r u.cDr 0.•P. GG H 0; 1 (VNNNNN(V r;r•,r;rs r•,r;r•.r•,r,r•,d' d'd' \\ zUl• 1 C•GGGGGGG C•C•E•C'GGC'C•C•C•GC•G C•C.CG G C• oc•Ga c a E ---- - ----- - [f,[f,V•,.f,V",�,V,. ..r,W,�, U.z ! C•G C.C.C.G C.G C.G O G G C•C.G G G C.G C.G G G C.c C I C.C. C. 000012 P.zC H I r W:: 4: 1 C. rr, r4 a; 01 1 REPORT TO CITY COUNCIL Meeting Date: 08/22/95 CITY OF ATASCADERO Agenda Item: A-3` Through: Andrew J Takata, City Manager From: teven J Sylvester, City Engineer SUBJECT: Acceptance of the West Front Street Overlay improvements. RECOMMENDATION: Staff recommends the City Council accept the subject improvements as complete and requests authorization from Council to release the 10% retention in tl le amount of $ 12,555.75. DISCUSSION: Staff has reviewed the completed West Front Street Overlay project nd determined the improvements to be in substantial conformance with the project plans and specifications. FISCAL IMPACT: Council Resolution No. 98-94 approved a construction contract with J Diani Construction in the amount of$ 112,094.00. Three change orders were issued to accomodate conditions discove ed during' construction. Actual expenditures under the contract and change orders were $ 125,555.49. The source of construction funds is a $ 142,400 State Highway Account grant. ATTACHMENTS: Attachment A- Resolution No. 98-94 Attachment B- Notice of Completion N:1RDK191151 A.SRP 000013;, RECORDING REQUESTED BY: (and when recorded, mail to:) City Clerk CITY OF ATASCAOERO 6500 Palma Avenue Atascadero, CA 93422 NOTICE OF COMPLETION NO TRANSFER OF PROPERTY Notice is hereby given pursuant to Civil Code Section 3093: 1. The undersigned is corporate officer for the City of Atascadero, owner of property hereinafter described. 2. The full name of the owner is the City of Atascadero. 3. The full address of the owner is: 6500 Palma Avenue, Atascadero, CA 93422. 4. The nature of the interest of the owner is in fee; 5. A.work of improvement on the property hereinafter described was compieted on July 31, 1995. 6, The work done was Overlay Road Surface and Upgrade Drainage. 7. The name of the contractor who performed such work of improvement was A.J. Diani Construction. The date contract was entered into was October 1.0, 1995. 8. The property on which said work of improvement was completed was in the City of Atascadero, County of San Luis Obispo State of California, and is described as fol lows: Portions of-West Front Road, Curbaril Avenue, Santa Rasa Avenue and Old Morro Road. 9. The street address:of said property is: Various. Dated: July 31, 1995 ANDREW J. TAKATA, +City Manager City of Atascadero vERt�i,C,�TI(�N 1, the undersigned, say that i am the City Matuger, declarant of the foregoing Notice of Completion; t have read said Notice of Completion and know the contents thereof; the same is true of my own knowledge:.I declare under penafty of perjury that the foregoing is true and correct. Executed on at the City of Atascadero, California, ANDREW J. TAKATA, City Manager City of Atascadero 91 151 atll doC 000014 RESOLUTION NO. 98-94 i RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AWARDING A CONTRACT TO A. J. DIANI CONSTRUCTION, INC. FOR THE CONSTRUCTION OF THE WEST FRONT STREET OV8RLAY PROJECT CITY OF ATASCADERO BID NO. 94-05 WHEREAS, the West Front Street Overlay Project is identified in 5-year Capital Improvement Plan and current capital budget adopted by the City Council of the City of Atascadero, California; and WHEREAS, on August 30, 1994 sealed bids were publicly opened for the West Front Street Overlay Project and A.J. Diani Construction, Inc. was found to be the lowest responsible bidder; and WHEREAS, the public interest and general welfare "will be served by construction of the West Front Street Overlay Project base bid and additive nos. 1 through 3 . NOW, THEREFORE, the City Council of the City of Atascadero does resolve as follows: 1. The Mayor is hereby authorized to execute an agreement with A.J. Diani Construction, Inc. for the construction of the West Front Street Overlay Pro.jeat in the total amount of $112 ,094 .00. 2 . The City Manager is hereby authorizedto make minor corrections or modifications of a mathematical or clerical nature. 3 . The City Engineer is hereby authorized to approve contract change orders up to 10% of the contract amount. 4. The Finance Director is hereby authorized to release and expend monies from the West Front Street Overlay grant funds; and issue warrants to comply with the terms of this agreement. On a motion by Councilperson Luna seconded by Councilperson Highland , the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: i QODUls Resolution No. g8=34. {( Page Two 1 On motion by Councilperson Luna and seconded by Councilperson Highland, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES : Councilmembers Highland, Johnson, Luna and Mayor Bewley NOES : None ABSENT: Councilman Carden ADOPTED: September 13 , 1994 ATTEST: CITY OF ATASCADERO RX — 11 , - By LEE E, City Clerk DAVID BEWLEY, yor APPROVED AS TO FORM: s eTH R R. ON.ANDON, City Attorney 000016 REPORT:TO CITY COUNCIL Meeting Date: 08/22/95 CITY OF ATASCADERO Agenda Item: A-4 Through: Andrew J Takata, City Manager From: A?Steven J Sylvester, Cit Engineer Y Y 9 SUBJECT: Acceptance of the Reclaimed Water Extraction Wells, Phase 1 improvements RECOMMgNDATION: Staff recommends the,City Council accept the subject improvements as complete and requests authorization from Council to release the 100A retention int a amount of $ 4,348.81. DISCUSSION: Staff has reviewed the completed ReclaimedWater Extraction Wells, Phase,11 project and determined the improvements to be in substantial conformance with the project plans and specifications. FISCAL IMPACT: Council Resolution No. 115-94 approved a construction contract with Miller Drilling Company in the amount of$ 71,997.95. The total project cost, inclut ing design and well logging, was estimated to be $ 105,260.75(See Attachment B). It was not necessary to constructportions of the roadway shown on t ie plan in this development phase, permitting that work to be deferred to future pha ses. Also,the depths to which the wells had to be drilled and the costs of developir g them were less than projected. Actual expenditures under the construction contract, including the cast to repair rain storm damage, were $ 43,488.12. Total project cost to Jate, including design and well logging, is'$ 89,157.56. The source of funds is the City Wastewater Fund. ATTACHMENTS: Attachment A Resolution No. 115-94 Attachment B - 11/08194 Staff Report Attachment C- Notice of Completion WRQKW1 I O.SRP 00001'7 RESOLUTION NO 11 S RESOLUTION OF THE CITY COUNCIL Of: THE CITY OF ATASCADERO, CALIFORNIA, AWARDING A CONTRACT T4 MILLER DRILLING COMPANY FOR THE CONSTRUCTION OF THE RECLAIMED WATER EXTRACTION WELL PROJECT, PHASE 1 CITY OF ATASCADER0 8I0 Nth, 94-06 WHEREAS, the Reclaim Water Extraction Well Project is identified in Capital Improvement Plan and the current capital budget adopted by the City Council of the City of Atascadero, California; and WHEREAS, on October 13, 1994 sealed Fids were publicly wed for the Reclaimed Water Extraction Well Project, Phase 1 and MillerDrilling Company was favowl to be the lowest responsible bidder, and WHEREAS, the public interest and general welfare will be ser el by construction of the Reclaimed Water Extraction Well Project, Phase 1 NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Atascadero t does resolve as follows: 1. The Mayors hereby authorized to execute an agreement with Miller Drilling Company for the construction of the Miller Chilling Companyin the amount of $71,997.95. 2. The City.Manager is hereby authorized to mace,miner corrections or modifications of-a mathematical or clerical nature. , 3. The City Engineer is hereby authorized to approve contract change orders, up to 10% of the contract amount Can a motion by Councilperson Luna . and seconded by Coundiperson Hi lance#, the foregoing Resolution is hereby adopted in ?its entirety on the following roll call vote: AYES: Coundlmembers'Carden, Hi hWtd, Johnson, Luna and Mayor Bewley. NOES: None ASSENT: None ADOPTED: November 8, 1994 000011 1 ( Resolution 115-94 Page Two ATTEST: CITY OF ATASCADERO By: LEE PRICE, City Clerk R. DAVID BEVWLEY, Ma or APPROVED AS TO CONTENT: STEVEN J.4 YVESiTER, City Engineer +J �J APPROVED AS TO FOILM: AR ER R. MON AN DO City Attorney 000019 RECORDING REQUESTED BY: (and when recorded, mail to:) City Clerk CITY OF ATASCADERO 6500 Palma Avenue Atascadero, CA 93422 NOTICE OF COMPLETION NO TRANSFER OF PROPERTY Notice is hereby given pursuant to Civil Code Section 3093: 1 . The undersigned is corporate officer for the City of Atascadero, owner of property hereinafter described. 2. The full name of the owner is the City of Atascadero. 3. The full address of the owner is: 6500 Palma Avenue, Atascadero, CA 93422. 4. The nature of the interest of the owner is in fee. 5. A work of improvement on the property hereinafter described was completed on July 10, 1995. 6. The work done was Reclaimed Water Extraction Well. 7. The name of the contractor who performed such work of improvement was Miller Drilling. The date contract was entered into was February 14, 1995. 8. The property on which said work of improvement was completed was in the City of Atascadero, County of San Luis Obispo, State of California, and is described as follows: Adjacent to Effluent Percolation Ponds. 9. The street address of said property is: None. Dated: ANDREW J. TAKATA, City Manager City of Atascadero VERIFICATION 1, the undersigned, say that I am the City Manager, declarant of the foregoing Notice of Completion; I have read said Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on at the City of Atascadero, California. ANDREW J. TAKATA, City Manager City of Atascadero 931100 1.doc 000020 EETI ft f 95 AGENDA A-s DATE-1L/ 11' BOARD OF SUPERVISORS � a COUNTY GOVERNMENT"CENTER'• SAN LUIS OBISPO,'CALIFORNIA 93408 805-781-5450 August 0 Au 1 , 9 1998 DAVID BLAKELY r DISTRICT FINE Andy Takata, City Manager AT�SCADER,0 Ci i t' City of Atascadero 6500 Palma Avenue Atascadero, CA`93422 Re: San Luis Obispo County Area Agency on Aging -Dear M ata: On July 11, 1995, the San Luis bispo CountyBoard of Supervisors hel a public hearing to consider creating a new Area Agency on Aging for San Luis Obispo County. Currently San Luis Obispo and Santa Barbara Counties are served by the Santa Maria based Central Coast Commission for Senior Citizens--a nonprofit corporation, as their local Area Agency on Aging. The hearing resulted in the Board directing staff to apply to the California Department of Aging to designate San Luis Obispo County as a Planning`and Service Area, the first step to forming a new Area Agency on Aging. Conflict over how to spend federal dollars on behalf of older AmericanIc in San Luis Obispo County is not new. A growing movement has taken root over the last 10 ears to separate San Luis Obispo from the two-county Area Agency. The need to gain local reprE sentation and control over spending decisions was recently reinforced with the creation of "Scnior'Connection", an information and referral service aimed at seniors. Despite the fact that Sa Luis Obispo County already has a popular,information and referral service known as "Hotline'", the Central Coast Commission for Senior Citizens elected to spend significant program dollars ,on Senior Connection, a program that;many seniors in San Luis Obispo County fee is redundant. 1 have attached a sample resolution for your consideration, and if acce table, ask that it be presented to your city council for adoption in the next two weeks. 1t s important that our application to the California Department of Aging is endorsed by all local government entities in San Luis Obispo County. I would appreciate it if you could provide me with a copy of your adopted Resolution by September 1, 1995. Please feel free to contact either myself at 781-5450, or Bob Grayson, Administrative Analyst, at 781-5011, if you have any questions or concerns. Sincerely, DAVID BLAKELY, Chairman Board of Supervisors 000021` RESOLUTION NO. 81-95 A RESOLUTION OF THE CITY_COUNCIL OF THE CITY OF ATASCADERO ENDORSING THE APPLICATION TO THE CALIFORNIA DEPARTMENT OF AGING FOR DESIGNATION OF SAN LUIS OBISPO COUNTY ' AS A PLANNING AND SERVICE AREA The following resolution is hereby offered and read: WHEREAS, The Central Coast Commission for Senior Citizens is the non-profit, public benefit corporation designated as the Area Agency on Agency to administer Planning and Service Area 17, which includes San.Luis Obispo and Santa Barbara Counties; and WHEREAS, the Cities and County of San Luis Obispo desire to establish local control over programs developed for senior citizens in this county and allocation-of limited administration and program monies needed to provide such"senior services; and WHEREAS, On July 11 1996 the County Board of Supervisors directed staff to apply to the California State Department of Aging to create a separate Planning and Service Area for San Luis Obispo County; and WHEREAS, The Atascadero City Council finds that it is in the best interests of the senior citizens of the Cities and County of San Luis Obispo that a separate Planning and Service Area and Area Agency on Aging be designated for Sen :Luis Obispo County; NOW,THEREFORE, BE IT RESOLVED AND ORDERED by the City Council of the City of Atascadero, County of San Luis Obispo, State. of California, to"formally endorse the County of San Luis Obispo's application for designation as a Planning and Service Area for the purpose of defining the needs of older Americans within Sen Luis Obispo Coupty. ON MOTION BY Councilmerrber , seconded by Councilmernber, the foregoing resolution is hereby adopted on the following roll-call vote: AYES: NOES: ABSENT: ADOPTED: ATTEST: CITY OF ATASCADERO: LEE PRICE, City Clerk GEORGE P. HIGHLAND, Mayor t2 REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: B-1 Through: Andy Takata, Meeting Date: August 22, 1995 City"'Manager From: p,V, Doug Davidson, Senior Planner File : 1995 CDBG SUBJECT: Amendment to the City of Atascadero portion of the 3995 San Luis Obispo County Consolidated Plan, specifically the purpose of Community Development Block Grant (CDBG) funds for the Atascadero Loaves and Fishes project' . RECOMMENDATION: Approve the Amendment to the 1995 CDBG Consolidated Pian to reflect site acquisition by Atascadero Loaves and Fishes and forward the recommendation to the County Board of Supervisors for inclusion into the final document. BACKGROUND: On April 11, 1995, the City Council allocated the 1995 federal CDBG funds. A total of eight (8) projects received funding, including the administrative costs. Atascadero Loaves and Fishes was awarded $98,100 of the City's CDBG portion and $25,025 out of the Special Urban Projects Fund for a total CDBG fu ding of $123,125. At that time, Loaves and Fishes was seeking to construct a new facility on leased land. In April, 1995, a:,site had not yet been secured for lease. Since April, Loaves and Fishes expanded their searcl for property to include existing buildings for sale which would accommodate ' the needs of the organization. This effort was successful as Loaves and Fishes is currently in escrow to purchase two existing office condominiums located at 5409/5411 El Camino leal. The real estate transaction will close upon distributior of the CDBG funds City and County staff have been working on the documents necessary before the funds may be released, specifically relocation assistance, contract agreement, and ,envi onmental review., . The proposed action before the City Council would amend the City's portion of the 1995 CDBG Consolidated Plan tc reflect the site specific nature of the Loaves and Fishes project. The project now becomes the site and building acquisition of a specific property rather than the construction of a building on an undetermined parcel. Otherwise, everything remains the same the dollar amount, the project objective and eligibility, and the 000024 conditions placed upon the facility by the City. These conditions prohibit the facility from contain cooking facilities, sleeping quarters, showers, or public restrooms. The County ,Board of Supervisors will consider this and other miner amendments to the 1995 County Consolidated Plan at its, September 5, 1995 meeting, cc Dana Lilley, County Planning Frank Fertschneider, Loaves and Fishes J 000025 i SUPPLEMNT.T(7' REPORT TO CITY COUNCIL AGENDA I'IMI: C-1- CITY OF ATASCADERO DATE: 08-22-95` THROUGH: Andrew J. Takata, City Manager FROM: Brady Cherry, Director Department-of Community Services SUBJECT: STAFF REPORT AMENDMENTTO AGENDA ITEM C-I, CONSIDERATION OF POLICY FOR NAIIMI NG PUBLIC BUILDINGS, PARKS, AND OT111ER PUBLIC FACILITIES AMENDED RECOMMENDATION: It is recommended by Staff that the City Council adopt the proposed policy for the naming of public facilities developed by the Parks aud Recreation Commission as presented. Staff s original.recommendation to exclude ball fields shall be omitted.. DISCUSSION: After much thought and serious reflection on this issue, I have decided that the original Staff • recommendation does not represent Staff's most objective and professional opinion. The overriding concern in developing a facility-naming policy must have the long term best interests of the City of Atascadero as the ultimate ;oal. While it has been difficult to separate personal feelings in the process of adopting a policy, such a decision must be made without prejudice or bias towards any specific individual or community ;roup. Therefore, the facility-naming policy should include all public facilities and be adopted without qualification or exception. The best policy is one that is fair, objective, and can be uniformly applied in the future. The original policy as written fulfills these objectives. C:ICTY CO UMA UG2295.RPT MEMORANDUM TO CITY COUNCIL AGENDA ITEM: c-1 DATE: 08-22-95 THROUGH: Andrew J. Takata, City Manager FROM: Brady Cherry, Directoro/t.- Department of Community Services SUBJECT: CONSIDERATION OF POLICY FOR NAMING PUBLIC`BUILDINGS,PARKS AND OTHER PUBLIC FACILITIES IN THE CITY OF ATASCADERO RECOMMENDATION: It is recommended by Staff that the City Council adopt the proposed policy developed by the Parks and Recreation Commission for the Naming of Public Buildings, Par cs,`and other facilities' in the City of Atascadero. Staff is also recommending that Ball Fields a excluded from the policy, and Ball Field #3 at Paloma Creek Park be named in honor of Ja vd Cunningham. BACKGROUND: On Tuesday, May 9, 1995, the City Council considered a Recommenda 'on by the Parks and Recreation Commission to name Ball Field #3 at Paloma Creek Park in memory of Jared T. Cunningham. Jared, an avid young baseball player and athlete, passed aw y in a traffic accident over the 1994 Christmas Holiday. Atascadero Little League has expressed its support for the naming of the Ball Field in Jared's memory (letter attached). Two individuals, Eric Gobler, 9110 Atascadero Avenue, and Lee Cunningham, 8965 Junipero, spoke in favor of the Recommendation. Upon consideration, the City Council deemed it prudent that a policy should be developed before taking action on the request. By consensus, the matter was referred to the Parks and Recreation Commission to formulate a public 'facility naming policy to be considered for future adoption by the City Council. On May 18, 1995, Parks and Recreation Commission Chairman, Georg Beatie, appointed a sub-committee comprised of Commissioners Hood, Dahien, and Smart to research the issue and bring back a report to the Commission. On July 20, 1995, the Parks and Recreation Commission recommended i nanimously the draft Policy for Naming Public Buildings, Parks, and Other Facilities in the Cit r of Atascadero. The Commission also recommended anexception for Ball Field#3 at Paloma reek Park be named in memory of Jared Cunningham. The Commission reaffirmed their su rt of their previous recommendation to the City Council to name Ball Field #3 at Paloma Creek Park for Jared Cunningham, even though such an action would not be consistent with t e proposed policy. 000026 DISCUSSION: The sub-committee; found that most local cities andovernment g agencies do not have a.formal facility-naming policy. Only the County of San Luis Obispo and the City of Morro Bay hot adopted policies for naming of public facilities. Due to :the limited number of City facilities available for naming, and the potential:large numbers of individuals that would be deserving of recognition due to their individual contributions,Staff and the Commission recommend pend that the Policy set reasonable and d ible criteria for naming of public facilities after individuall The attached Draft Policy:establishes these specific criteria. A clause (II.E.) was included to allow individuals to be recognized at City facilities by the placement of memorial objects; such as, benches, trees, and other appropriate symbols, on a case-by-case basis. City Staff does not agree with the Parks and Recreation ation Commission recommendation ion to the;City Council to adopt the propose policy, but also takean action to name a Ball Field,for an; individual that is an exception to the stall policy. Although the timing of Mr. Goble es requmt preceded the Policy under consideration, it was the City Council's direction to develop a policy prior to acting upon the request that would-be well considered and provide:rational criteria that could be uniformly applied to all future requests or proposals. City Staff fully understands the.sensitivity and potential controversial nature of naming facilities afterindividuals. After all., there are quite possibly a great many people in Ow-history of the Atascadero community that would be;deserving of such an,honor. Indeed, our owA generation has`no shortage of worthy candidates for whom public facilitim could be u Future generations may also desire to their most dewing citizens in the< me may. 'Thus, we must avoid adopting a policy and, at the time, acting contrary to - 1`his would seta bad precedent. Such exceptions undermine the City's ability to deal with fian similar requests and proposals. There appear to be several alternatives. Some of the alternatives are as follows: A. Acceptrecommendations from Parks and Recreation Commission to adopt the proposed Public Facility manning Policy, while approving an excepts to roft Ball Field #3 at Paloma Creek,in memory of Jared Cunningham. B. Adopt the proposed Policy for the; Nanjing of Public Facilities, and suggestto N-1 'Mr. €Iger that a memorial for Jared Cunningham be chosen from Items,TI, E. of the Policy (e.g., a tree, a bench, etc.). C Adopt the Policy as proposed, but designate Paloma Creek Ball Field #3 as "Memorial Field." Create a sign, marlter, or monument at the field where individual's`names could be.placed to Honor their memory. Suggest Jared Cunningham's name be the first to be so honored. 000027 D. Adopt the Public Facilities Naming Policy recommended by the Parks and Recreation Commission, but do not include ball fields in the Policy. The City 10 already has a number of ball fields named after individuals (e.g., Alvord Field, Henderson Field, Barrow Field), so this would not be inconsistent with the precedence established by the County and City in the past. This would enable the City to name Ball Field #3 at Paloma Park for Jared Cunningham, and be within the criteria of the newly- established Policy. The Policy would be applicable to buildings, parks, and other public facilities , but would exclude ball fields. This is the City Staff recommendation. Item D-5 would be added to the proposed Policy specifically excluding ball fields. FISCAL IMPACT: It is suggested that the cost of memorials dedicated to individuals be borne by the party requesting the memorial. The City of Atascadero would pay for memorials or signage for dedications suggested or proposed by agents of the City, including City Council and Staff. Actual costs of the memorials would depend on the type chosen. C:\CrrYCOUN\AUG2295.MEM 000028 DRAFT PROPOSED POLICY ON THE NAMING OF PUBLIC BUILDINGS, PARKS, AND OTHER FACILITIES IN THE CITY OF ATASCADERO I . PURPOSE To establish a uniform policy for naming public buildings, parks and other facilities. II . POLICY A. Public buildings will be named by their function. For instance, a city hall will be called a city hall, and a recreation building will be called a recreation building. B. Public facilities will be named by their location in the City, either by proximity to a geographical feature, location in an identified area in the City (such as a street, neighborhood, subdivision, etc. ) . C. The name of a park or recreation facility should, if possible, have geographic, botanical, zoological, agricultural, or historical significance generally . recognized and known through the City or local area.' D. A public building, park, or other city facility should not be named after a person, unless one or more of the following exceptions apply: 1 . The facility as acquired by means of a substantial gift or donation of funds by an individual, family or corporation. Consent of the donor to naming the facility will be required. 2 . The individual made a substantial contribution in terms of volunteer services providing a broad public benefit to the residents of the City of Atascadero. 3 . The individual has been deceased for more than two years and, in the opinion of the Parks and Recreation Commission and City Council, the person' s contribution to the aspect of the City, which the facility represents, was of such value to the City that the person's memory should be honored by the naming of the facility. 4 . The facility can be named after a government fund or grant if the circumstances are deemed appropriate by the Parks and Recreation Commission and the City Council . 000029 E. In addition to the naming of public facilities by using the criteria established above, the City can provide for the recognition of individuals, either deceased or living, by the placement of memorial objects (symbols) ; such as, living'. trees, public benches, rocks, memorial flagpoles, sculptures, etc. , in public facilities. The placement and identification of these recognition Symbols will be at the discretion of the Parks and Recreation Commission and the City Council on 'a case-by-case basis. Note: Sculptures must be consistent with the City's Arts in Public PlacesPolicies and Procedures. • 000030 Attachment "A" March 13, 1995 Mr. George Beatie, Chairman Parks and Recreation Commission City of Atascadero 6500 Palma Avenue Atascadero, CA 93422 Dear Mr. Beatie: Subject: Naming of Paloma Field #3 in memory of JaredZ.. Cunningham As you are aware, Jared Cunningham tragically lost his life.n local automobile accident on December 20, 1994. Jared was a very popular, admired,and charming eighth grader at Atascadero Junior High. He and his family are well respectecfck:the community. I believe you are also aware that I have been working with Brady Cherry ow the past several weeks to lay the ground work for naming Paloma Field #3 in honor and gory of Jared. Among many other qualities, those close to Jared marveled at his tremendus athletic ability. Of course, baseball was one of his favorite sports. I write this letter seeking the City's support and approval in nig Paloma Field #3 in Jared's memory. I have discussed this request with the Cunningham faniiy and with Atascadero Little League. The Cunningham's and Atascadero Little League fullyort the honorable memorial. With the City's approval, I would like to have a sign placed atWe field, possibly an aluminum sign on the backstop "CUNNINGHAM FIELD" and a redwodbiga placed at the field entrance to read as indicated on the attachment. City approval of the memorial would be extremely meaningful hithe a Cunningham family and the many friends and families who were touched by Jared's life. I do not seek any monetary contribution from the City, just acceptance and approval. Please call me if you have any questions or if you would like me to meet with you or the Commission. The process is unclear to me, but I would like to poeed as quickly as is possible. Respectfully submitted, E c Gobler 9110 Atascadero Avenue 466-8632 (h) 549-3467 (w) KDJARED.22 000031 s • Q Lai ISM ISN � a 02 z � a� Z :2 = �j 0 Q0 Z oo W oLL n . E. o < c z z • V e s 000032 Atascadero Uttxe League Attachment "B" P.O. Box 2375 Atascadero, CA 93423 (805) 461-5929 April 19, 1995 Mr . Brady Cherry City of Atascadero 6500 Paloma Avenue Atascadero, CA 93422 Re: Paloma Field Dear Mr. Cherry: I have been in close contact with Mr . Gobler with regard to Paloma Field #3. The Board of the Atascadero Little League has approved placing a plaque at the. field in memory of Jared Cunningham. The Atascadero Little League is not opposed to any decision the City may 'have as to renaming the field the Jared Cunningham Field. If you any questions, please contact me. Sin erely, Mario Perez, Preside Atascadero Little ea ue 000043 REPORT TO CITY COUNCIL IT M: C-2 DATE: 8/22/95 FROM: Brady Cherry, Director Department of Community Services THROUGH: Andrew J. Takata City Manager SUBJECT: PROPOaMp LEASE AQREEMENTS FOR N F THE R. MM RECREATION CEMT,R BUILDING RECOMMENDATION: The Park and Recreation Commission recommends to the Cityouncil approval of three proposed lease agreements for tenants of the Atascadero outh Recreation Center/ Printery Building. BACKGROUND: When the City of Atascadero acquired the Atascadero Youth Recreation Center/ Printery Building from the Atascadero Masonic TempleAssociation in 1994, two tenants occupied the building. The Teases for these two tenants, originally established between the Atascadero Masonic Temple Association and the tenants, have since expired and the continued use of the building by th se tenants requires a revision of the leases. Two existing tenants are, Ken Yu Kan Karate studio, wtlich occupies the Gymnasium on Monday through Thursday nights and Getty Photography, which occupies the bottom floor of the south wing of the building. In addition, a third tenant, Christ Chapel Church has been renting the Gymnasium, Dining Room, and two north wing meeting rooms on the second floor since June on a month to month basis. Following is a list of the tenants, the space that they occupy and their monthly rent: Tenant Rental S ace Monthly nt Getty Photography :Lower floor/ south side of building $ 600.00. Ken Yu Kan Karate Gymnasium $ 450.00 (Monday - Thursday 6:00 10:00 p.m ) Office Space (located adjacent to G 000034 Christ Chapel Church -Gymnasium/ Dining Room/Kitchen $ 540.00 2 north wing meeting rooms on 2nd flour (Sundays 9:00 - 11:30 a.m. & 7:00"- 8:00 p.m.) } Due to the ongoing maintenance costs of the Atascadero Youth Recreation Center/ Printery Building, it is necessary to continue to allow tenants to occupy. the;:site. The use of the building by these three tenants dues not interfere with any special events or other proposed Cityprograms. This-is particularly true follrecent direction from the City Council to restrict the use of the building by pubic recreation, programs held on a regular basis due to the recent structural report fr€im►: � hlte t . Frank Henderson: The attached leases for use of the Ataseadero'Youth Center/ Printery Building have been reviewed and approved by the individual tenants as well as the Atascadero City.Attorney. The monthly rental income from the tents will provide the City of Atascadero with income of approximately$18,600.00 for Fiscal Year 95/6. This income will offset all anticipated maintenance and utility<costs for the budding, and allow for ao few badly needed minor Capital Improvements and equipment. 000035, N ^ C ti -, ) r l O N C O w vi vi Cri C3 to � n m o r ` cD v ClOi U v �-- N to C: 0 _ II O 0 D LL (r 00 z O z �{ D Lw ¢ O eCl) m a u. On o U x -r CLZZ C» is m �o Cl) cc ca +r 0 to Cid �74 O _Q y O rrb o 0 04Ell 0 w CM a, o cc rr co o m z ui Z U � Q 0 rT- o C 0 Q 0 � ` Cf) V) q cn L 000036 iO N O I N cn Q NU �v w ko V to M r ` tD V NV N - m O Z0 U- ccm O cc O w0 uj— O z O Z C aD R H O w ¢ W Vccs U Ox u cr) M cr- C Q X O O W N u, , r-ci _ 0 � L w � ' h L L Z 1j H w w C) ul 4 z o Q V Y ' _1 0 c� Qy o 12- } � O oc ,0 a� w —� �. Cl) � u- U ~ V Y Ln Cf) m LL O OO 00003'7 U O N O N - o v 2 C1 a Oca U v •- r c a o c cn N o O 10 - - LL: 0 V N O) O ] O " (1. ll. U.. 0 c W (n (n (n Uca r ` tD Q N O v F tom r = a 0 cc O Z 0 (r- O a O 0 � � O w �-+ ooWm o aD E-+ < w z :2 .�+ U3 O W w ¢ O ° m o a. (1) m F— _ OON R - w U Ox a N o CL �-+ co !moi u R N CL' w O CE: cf) +� O 4 ® N � U G) � L N co a L 3" tt1 o M m LL! z P Q P 0 zH ,o N Q 0 Cid / `= cn � _ J L o V .. a cc o O N � Oul Y LL �1 ccc Cd U Y 00 000038 _ C D O o< O ' CL � O O N � Q V < z cr- U t3 a O z aD W � o 0 Z ` Z " +. O4 • V VQJ ^ �w cc 3U181 LS3A 0 8 u o W z y O M ca Q p A o LU rr p � = O cno z O 0 ftY .0 / U M o - 0 U ) wil N O c U .x 00 000039 I LEASE AGREEMENT This Lease Agreement is made and entered into this date Lvsus�- ct 19grr-- by and between the City of Atascadero, a Municipal Corporation, organized and existing under the general laws of the State of California, hereinafter referred to as "Landlord", and R. Darin Sanders and Michael S. Croft, owners of Ken Yu Kan Carate, a limited partnership, hereinafter referred to as "Tenant." 1. PARTIES 1.1 Landlord 1.1.1 The Landlord is the City of Atascadero, California, whose mailing address and physical address for notice under the terms of this Agreement as follows: City of Atascadero Attn: Director of Community Services 6500 Palma Avenue Atascadero, California 93422 1.2 Tenant • 1.2.1 The tenant is Ken Y e u Kan Karate, whose mailing address and physical address for notice under the terms of this Agreement is as follows: Ken Yu Kan Karate P O Box 971 Atascadero, California 93423 2. LEASE PREMISES 2.1 Description of Premises 2.1.1 As used herein, the terms "premises" or "leased premises" shall mean the building and real property described in "Exhibit A" attached hereto, and which is hereby incorporated herein. Unless the context otherwise requires, such terms shall include the building and other improvements presently existing or to be constructed in which the premises are or will be situated, and all fixtures heretofore or hereafter to be installed by Landlord therein. 1 000040 2.1.2 As long as Tenant is not in default under this Lease, Tenant shall have the non-exclusive right to use the premise, together with such easements for ingress and egress as are necessary for Tenant's use and occupancy of the leased premises, on every Monday, Tuesday, Wednesday, and Thursday from 6:00 PM to 10:00 PM. 2.2 Parking Facilities Tenant acknowledges and agrees that any parking spaces provided by Landlord in and around the building or the leased premises are solely for the Youth Recreation Center and the convenience of the clients of Tenant or its members, unless otherwise specifically designated by the Landlord in writing. 3. TERM OF LEASE The term of this Lease shall begin on September 1. 1995. Subject to extension or sooner termination as hereinafter provided, this Lease shall continue for the term of one (1) year. 4. RENTAL 4.1 Minimum Annual Rent 4.1.1 Tenant agrees to pay to Landlord a minimum monthly rent of 450.00,during each month of the term of this Lease. The monthly rent shall be due and payable on the first day of each month. All rents shall be paid in lawful money of the United States at the location designated in Section 1.1.land at such place as Landlord shall designate to Tenant from time to time in writing. 4.1.2 If so provided in "Exhibit C" attached hereto and which is hereby incorporated herein, the minimum monthly rent shall be adjusted at the times and in the manner specified in "Exhibit C",and Tenant agrees to pay Landlord the minimum monthly rent, as so adjusted, at the times and in the manner provided by this Lease. 4.1.3 Should Tenant fail to make any payment of rent within ten (10) calendar days of the date when such payment first becomes due, or should any check tendered in payment of rent be returned to Landlord by Tenant's bank for any reason, then Tenant shall pay to Landlord, in addition to such rental payment, a late charge in the amount of ten percent (10%) of the annual rent, which the parties agree is a reasonable estimate of the amount necessary to reimburse Landlord damages and 2 000041 I additional costs not contemplated by this Lease that Landlord will incur as a result of the delinquent payment or returned check, including processing and accounting charges and late charges that may be imposed on Landlord by its lender. Upon notice of nonpayment given by Landlord to Tenant, the entire amount then due, including such late charge, shall thereafter bear interest at the rate of fifteen percent (15%) until paid in full. 5. INTENTION OF PARTIES: NEGATION OF PARTNERSHIP Nothing in this Lease is intended and no provision of this Lease shall be construed to make Landlord a partner of or a joint venturer with Tenant, or associated in any other way with Tenant in the operation of the leased premises, or to subject Landlord to any obligation, loss, charge or expense resulting from or attributable to Tenant's operation or use of the premises. 6. PROPERTY TAXES AND ASSESSMENTS 6.1 Personal Property Taxes Tenant shall pay, before delinquency, all taxes assessed against any personal property of Tenant installed or located in or upon the leased premises and that become payable during the term of this Lease. 6.2 Real Property Taxes 6.2.1 In addition to all other rent payable by Tenant hereunder, Tenant agrees to pay as additional rent its proportionate share of real property taxes if any, or any increases in real property taxes over taxes paid in the first year of this Lease, levied or assessed against the land and the building in which the leased premises are situated. Real property taxes for any fractional portion of a fiscal year included in the lease shall be prorated on the basis of a 360-day year. 6.2.2 Each year, Landlord shall notify Tenant of its proportionate share of the real property taxes payable by Tenant hereunder and Tenant shall pay Landlord the amount payable by Tenant at the time and in the manner provided for the payment of rent. 6.2.3 This Lease may create a taxable possessory interest. Tenant shall pay any possessory interest tax which may be levied as a result of Tenant's possessory interest in this leasehold. Possessory interest means any interest described in Section 107 of the California Revenue and Taxation Code, or successor statute and includes any interest described in Section 107.4 of the same Code, or its successorstatute. This section is deemed to comply with Section 107.6 of the same code. 3 000042 6.3 Taxes Defined: Special Assessments The term "real property taxes", as used in this Section, shall mean and include all taxes, assessments, and other governmental charges, general and special, ordinary and extraordinary, of any kind and nature whatsoever, levied or assessed against all or any part of the building and other improvements and the land of which the leased premises are a part, including but not limited to assessment for public improvements, benefits or facilities (including parking district assessments) which shall be levied or assessed against the land and/or building or any part thereof, but excluding franchise, estate, inheritance, succession, capital levy, transfer, income or excess profits tax imposed upon Landlord. If at any time during the term of this Lease, under the laws of California, or any political subdivision thereof in which the leased premises are situated, a tax or excise or rents or other tax, however described, is levied or assessed against Landlord on account of the rent expressly reserved hereunder, in addition to or as a substitute in whole or in part for taxes assessed or imposed by California or such political subdivision on land and/or buildings, such tax or excise shall be included within the definition of "real property taxes," but only to the extent of the amount thereof which is lawfully assessed or imposed as a direct result of Landlord's ownership of this Lease or of the rental accruing under this Lease. With respect to any assessment which may be levied against or upon the building, land or improvements of which the leased premises are a part, and which under the laws then in force may be evidenced by improvement or other bonds, or may be paid in annual installments, Tenant shall be required to pay each year only the amount of such annual installment or portion thereof as Landlord shall be required to pay during such year (with appropriate proration for any partial year) and shall have no obligation to continue such payments after the termination of this Lease. 7. LANDLORD'S MANAGEMENT OF BUILDING 7.1 Management of Building Landlord shall have the right, in its sole discretion, to: 7.1.1 Close the premises when and to the extent necessary for maintenance or renovation purposes; and 7.1.2 To change the plan of the building to the extent necessary for its expansion, or the remodeling or renovation thereof, so long as the changes do not substantially interfere with ingress to and egress from or the location of the leased premises. 4 000043 7.2 Rules and Regulations • Landlord shall have the right .from time to time to promulgate, amend and enforce against Tenant and all persons upon the leased premises, reasonable rules and regulations for the safety, care and cleanliness of the premises and the building or for the preservation of good order; provided, however, that all such rules and regulations shall apply substantially equally and without discrimination, and no such rule or regulation shall require Tenant to pay additional rent. Tenant agrees to conform to and abide by such rules and regulations, and a violation of any of them shall constitute a default by Tenant under this Lease. 8. USE: LIMITATIONS ON USE 8.1 Tenant's Use of Premises Tenant agrees that the leased premises shall be used and occupied only for the purpose specified herein which is: to operate a Karate School, and for no other purpose or purposes without Landlord's prior written consent. Tenant agrees diligently to conduct its business operations in all of the leased premises regularly and continuously during the term hereof. 8.2 Limitations on Use Tenant's use of the leased premises shall be in accordance with the following requirements: 8.2.1 Insurance Hazards. Tenant shall neither engage in nor permit others to engage in any activity or conduct that will cause the cancellation of or an increase in the premium for any fire insurance maintained by Landlord, and will pay any increase in the fire insurance premiums attributable to Tenant's particular use of the leased premises. Tenant shall, at Tenant's sole cost, comply with all requirements of any insurance organization or company pertaining to the use of the premises necessary for the maintenance of reasonable fire and public liability insurance covering the building. 8.2.2 Compliance with Law. Tenant shall, at Tenant's sole cost and expense, comply with all of the requirements, ordinances and statutes of all municipal, state and federal authorities now in force, or which may hereafter be in force, pertaining to the leased premises and the use and occupancy thereof by Tenant. The judgment of any court of competent jurisdiction, or the admission of Tenant in any action or proceeding against Tenant, whether Landlord be a party thereto or not, that Tenant has violated any such ordinances or statutes in the use of the premises shall be conclusive of that fact as between Landlord and Tenant. 5 000044 8.2.3 Waste; Nuisance. Tenant shall not commit, or suffer to be committed, any waste of the leased premises, or any nuisance or other unreasonable annoyance which may disturb the quiet enjoyment of the owners or occupants of adjacent areas, buildings or properties. 9. ALTERATIONS 9.1 Change by Tenant Any alterations, additions, improvements or changes, including any remodeling or redecorating, that Tenant may desire to make in, to or upon the leased premises, shall be made at Tenant's sole cost and expense and in compliance with all applicable governmental requirements. All such alterations and improvements shall be made only after first submitting the plans and specifications therefor to Landlord and obtaining the consent of Landlord thereto in writing. Any such alterations or improvements shall at once become a part of the leased premises and, unless Landlord exercises its right to require Tenant to remove any alterations that Tenant has made to the premises, shall be surrendered to Landlord upon the expiration or sooner termination of this Lease. 9.2 Mechanics' Liens Tenant agrees to keep the leased premises and any improvements thereon at all times free of mechanics' liens and other liens for labor, services, supplies, equipment or material purchased by or directly or indirectly furnished to Tenant. 10. UTILITIES 10.1 The suspension or interruption in utility services to the leased premises for reasons beyond the ability of Landlord to control shall not constitute a default by Landlord or entitle Tenant to any reduction or abatement of rent. 11. TENANT'S PERSONAL PROPERTY 11.1 Installation of PropgrtX Landlord shall have no interest in any removable equipment, furniture or trade fixtures owned by Tenant or installed in or upon the leased premises solely at the cost and expense of Tenant, other than heating, ventilating and air conditioning equipment installed in or affixed to the leased premises or the building in which they are situated. Prior to creating or permitting the creation of any lien or security or reversionary interest in any removal personal property to be placed in or upon the leased premises, Tenant shall obtain the written agreement of the party holding such interest to make such repairs necessitated by the removal of such property and any 6 000045 { damage resulting therefrom as may be necessary to restore the leasedpremises to good condition and repair, excepting only reasonable wear and tear, in the '`event said property is thereafter removed from the leased premises by said party, or by any agent or representative thereof or purchaser therefrom, pursuant to the exercise or enforcement of any rights incident to the interest so created, without any cost or expense to Landlord. 11.2 Removal of Personal Property Provided that Tenant is not then in default, at the expiration of this Lease, Tenant shall have the right to remove at its own cost and expense all removable equipment, furniture or trade fixtures owned by or installed at the expense of Tenant on the leased premises during the term of this Lease, other than any heaping, ventilating or air conditioning equipment installed by Tenant. All such personal property shall be removed prior to the close of business on the last day of the lease term, and Tenant shall make such repairs necessitated by the removal of said property And any damage resulting therefrom as may be necessary to restore the leased premises to good condition and repair, excepting only reasonable wear and tear. Any such property not so removed shall be deemed to have been abandoned or, at the option of Landlord, shall be removed and placed in storage for the account and at the cost and eypense of Tenant. 12. CARE AND MAINTENANCE 12.1. Tenant's Maintenance 12.1.1 Except as otherwise provided in this Lease Tenant at its own cost P and expense, agrees: A. To maintain throughout the lease term in good and sanitary order, condition, and repair, all portions of the leased premises, including, without limitation, (a) the interior of the leased premises, including flooring, exposed plumbing, lighting lamps and wiring, paint and finish; (b) any windows or skylights; (c) the storefront; (d) any personal property of Tenant situated in or upon the leased premises; and (e) any heating, ventilating or air conditioning equipment installed by Tenant in or upon the leased premises. B. To notify Landlord promptly of any damage to the leased premises or the building in which they are situated resulting from or attributable to the acts or omissions of Tenant, its invitees or its authorized representatives, and thereafter promptly to repair all such damage at Tenant's sole cost and expense.. C. To provide janitorial services for the interior of the leased premises. 7 000046 12.1.2 Tenant waives the provisions of Section 1941 and 1942 of the California Civil Code with respect to Tenant's right to make repairs and to deduct the expenses thereof from the rent payable by Tenant. 12.1.3 Landlord shall provide janitorial and trash collection services to the common and exterior areas of leased premises. Tenant shall provide janitorial and trash collection services to the interior areas of the leased premises. 13. INDEMNITY AND INSURANCE 13.1 Indemnification Agreement This Lease is made upon the express condition that Landlord is to be free from all liability and claims for damages by reason of any injury to any person and damage to any property (including Tenant's), resulting from any cause whatsoever while, in, upon, about, or in any way connected with the leased premises are located during the term of this Lease, including without limitation, damage or injury caused by the elements or from breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, plumbing, air conditioning, or other electrical or mechanical fixtures or equipment, excluding only any damage or injury caused by the breach by Landlord of a duty imposed by law or under this Lease. Tenant hereby waives all claims against Landlord for, and agrees to indemnify and hold Landlord harmless from any liability, damage, loss, cost or expense, including attorneys fees, for any injury or damage to persons or property resulting from or attributable to the fault or neglect of Tenant. 13.2 Public Liability and Property Damage 13.2.1 Insurance Coverage. Tenant agrees to maintain in force throughout the term hereof, at Tenant's sole cost and expense, such insurance, including liability insurance against any liability to the public incident to the use of or resulting from any accident occurring in or about the leased premises, of the types and initially with the limits of liability specified in the Basic Provisions. Such policies shall insure the contingent liability of Landlord and the performance by Tenant of its indemnity obligations under this Lease. Landlord shall be named as an additional insured in each policy, and each policy shall contain cross-liability endorsements. The initial amount of coverage shall be $1,000,000. 13.2.2 Adjustment to Coverage. Tenant further agrees to review the amount of its insurance coverage with Landlord every three (3) years to the end that the protection coverage afforded thereby shall be in proportion to the protection coverage afforded at the commencement of this Lease. If the parties are unable to agree upon the amount of said coverage prior to the expiration of each such three (3) year period, then the amount of coverage to be provided by Tenant's carrier shall be adjusted to the g 00004'7 amounts of coverage recommended in writing by an insurance broker selected by Landlord. 13.3 Proof of Insurance Each policy of insurance required of Tenant by this Lease shall be a primary policy, issued by an insurance company reasonably satisfactory to Landlord, and shall contain an endorsement requiring thirty (30) days written notice from the insurer to Landlord before cancellation or changes in the nature, scope or amount of coverage. Each policy, or a certificate of the policy, together with evidence of the payment of premiums, shall be deposited with Landlord at the commencement of the initial term of this Lease, and at the commencement of any renewal term. 13.4 Landlord's Insurance 13.4.1 Landlord shall maintain a program of insurance on the building in which the leased premises are situated, insuring against loss by fire and the perils covered by an extended coverage endorsement, and public liability insurance insuring against personal injury and property damage in the amounts not less than the fair market value of the building. 14. DAMAGE OR DESTRUCTION 14.1 Landlord to Repair Should the leased premises or the building and other improvements in which the premises are situated be totally or partially damaged or destroyed, Landlord shall promptly repair the same, except that Landlord shall have the option to terminate this Lease if(a) the leased premises or the building and improvements in which the premises are situated cannot reasonably be expected to be restored under existing law to substantially the same condition as existed prior to such damage or destruction within ninety (90) days from the date that the insurance proceeds become available to Landlord; or (b) if the costs of such restoration would exceed one-half (1/2) of the full insured value of the building and other improvements in which the leased premises are situated; or (c) if the damage or destruction results from a casualty not customarily insured against by a policy of standard fire and extended coverage insurance having vandalism and malicious mischief endorsements. Any notice of termination given hereunder shall be given to Tenant within fifteen (15) days after Landlord determines the period of time required for and the estimated costs of such repair or restoration. 9 000048 14.2 Termination: Abatement of Rent 14.2.1 This Lease shall not be terminated by any damage to or destruction of the leased premises or the building and other improvements of which the premises are a part unless notice of termination is given by Landlord to Tenant, or by Tenant to Landlord as provided by this Section 14, and Tenant hereby waives the provisions of Sections 1932(2) and 1933(4) of the California Civil Code with respect to any such damage or destruction. 14.2.2 Should the leased premises be damaged or destroyed at any time during the term of this Lease, there shall be an abatement or reduction of the minimum monthly rent between the date of destruction and the date of completion of restoration, based on the extent to which the destruction interferes with Tenant's use of the leased premises. In the event that any repairs or restoration of the leased premises permitted or required by Landlord are of such a nature that they cannot reasonably be expected to be substantially completed within 270 days from the date any insurance proceeds first become available to Landlord, then Tenant shall have the right to terminate this Lease by giving notice of termination to Landlord, specifying the effective date thereof, within ten (10) days after the period required to restore the premises has been determined. 14.2.3 Should then-applicable laws or zoning ordinances preclude the restoration or replacement of the leased premises in the manner hereinbefore provided, then Landlord shall have the right to terminate this Lease immediately by giving written notice of termination to Tenant. ! 15. ASSIGNING, SUBLETTING AND HYPOTHECATING 15.1 Voluntary Transfers Tenant shall not sell, transfer or assign this Lease or any part thereof, or interest therein, or hypothecate or grant any rights hereunder, or create or permit any subleases for the leased premises. 16. DEFAULT BY TENANT.,LANDLORD'S REMEDIES 16.1 Insolvency of Tenant If during the term of this Lease (a) the Tenant shall make an assignment for the benefit of creditors; or (b) a voluntary or involuntary petition shall be filed by or against the Tenant under the law having for its purpose the adjudication of the Tenant as bankrupt, or the extension of time of payment, composition, adjustment, modification, settlement or satisfaction of the liabilities of the Tenant, or to which any property of the Tenant may be subject and, if the petition be involuntary, if said petition be granted; or (c) a receiver be appointed for the leased premises by reason of the insolvency or 10 0 000049 1 alleged insolvency of the Tenant and said receiver is not discharged within ten (10) days, or upon the hearing of a timely filed petition to dismiss, absolve or otherwise terminate the receivership, whichever shall later occur; or (d) any department of the state or federal government, or any officer thereof duly authorized shall take possession of the leased premises and the improvements thereon by reason of the insolvency of the Tenant and the taking of possession shall be followed by a legal adjudication of the insolvency, or bankruptcy, or receivership of Tenant, then upon the occurrence of any such contingency, Landlord shall be entitled to terminate this Lease for breach thereof by Tenant by giving written notice of termination and the same shall expire as fully and completely as if the day of such notice were the date herein specifically fixed for the expiration of the term of this Lease, and the Tenant will then quit and surrender the leased premises and the improvements thereon to Landlord, but the Tenant shall remain liable as hereinafter provided. 16.2 Breach of Covenant; Abandonment,Etc. If during the term of this Lease, Tenant (a) shall make default in fulfilling any of the covenants or conditions of this Lease (other than the covenants for the payment of rent or other charges payable by the Tenant hereunder); or (b) shall abandon the leased premises, then the Landlord may give the Tenant notice of such default or of the happening of any contingency in this paragraph referred to, and if at the expiration of ten (10) days after the service of such notice the default or contingency upon which said notice was based shall continue to exist, or in the cae of a default or contingency which cannot with due diligence be cured within a period of ten (10) days, if the Tenant fails to proceed promptly after the service of such notice to prosecute the curing of such default with all due diligence within a reasonable period of time, the Landlord may terminate this Lease and upon such termination, the Tenant shall quit and surrender the leased premises and the improvements thereon to the Landlord, but the Tenant shall remain liable as hereinafter provided. 16.3 Failure to Pay Rent, Etc. If the Tenant shall make default in the payment of the rent expressly reserved hereunder, or any part of the same, or shall make default in the payment of any other rent or charge required to be paid by the Tenant hereunder or any part of the same, and such default shall continue for three (3) days after notice thereof by the Landlord, the Landlord may terminate this Lease and upon such termination, the Tenant shall quit and surrender the leased premises and the improvements thereon to the Landlord, but the Tenant shall remain liable as hereinafter provided.' ll 000050 16.4 Termination of Lease I i understood agreed that all the covenants and conditions of this It s u de stood and g Lease herein contained are covenants by Tenant and that in default of Tenant's fulfilling any of the same, Landlord may at any time thereafter at Landlord's option, forfeit this Lease and any holding over thereafter by Tenant shall be construed to be a tenancy from month to month only, for the same rental payable in the same manner as provided elsewhere in this Lease. It is further agreed that in the event of any breach of this Lease by Tenant, then Landlord, besides any other rights or remedies Landlord may have, shall have the immediate right of re-entry and may remove all persons and property from the premises. 16.5 Landlord's Damages If Tenant breaches this Lease and abandons the premises before the end of the term, or if Tenant's right of possession is terminated by Landlord because of breach of this Lease pursuant to any of the foregoing provisions of this section, or otherwise, then in any such case, Landlord may recover from Tenant all damages suffered by Landlord as a result of Tenant's failure to perform Tenant's obligations hereunder, including but not restricted to, the worth at the time of the award (computed in accordance with paragraph (b) of Section 1951.2 of the California Civil Code) of the amount by which the rent then unpaid hereunder for the balance of the lease term exceeds the amount of such rental loss for the same period which the Tenant proves could be reasonably avoided by Landlord. It is further agreed that even though Tenant has breached this Lease and abandoned the property, the Lease may continue in effect for so long as Landlord does not terminate the Tenant's right to possession, and the Landlord may enforce all of the rights and remedies under this Lease, including the right to recover the rent as it becomes due under the Lease (in accordance with paragraph (b) of Section 1951.4 of the California Civil Code). Nothing contained herein shall diminish or take away the right of the Landlord to seek and obtain such equitable relief against Tenant as may be appropriate. 16.6 Remedies Not Exclusive The Landlord, in addition to the rights hereinbefore given in case of Tenant's breach or default, may pursue any other remedy available to Landlord at law or in equity. 17. POWER OF RECEIVER Upon a default by Tenant, Landlord shall have the right to obtain the appointment of a receiver to take possession of the leased premises and/or to collect the rents or profits derived therefrom, and Tenant irrevocably agrees that any such receiver may, if it be necessary or convenient in order to collect such rents and profits, conduct 12 000051 I the business then being carried on by Tenant on said premises and that said receiver may take possession of any personal property belonging to Tenant and used in the conduct of such business, and may use the same in conducting such business on the premises without compensation to Tenant for such use. Neither the application for nor the appointment of such a receiver shall be construed as an election on Landlord's part to terminate this Lease unless a written notice of such intention is given by Landlord. 18. LANDLORD'S RIGHT TO CURE DEFAULTS Landlord, at any time after Tenant commits a default in the performance of any of Tenant's obligations under this Lease, shall be entitled to cure such default, or to cause such default to be cured, at the sole cost and expense of Tenant. If, by reason of any default by Tenant, Landlord incurs any expense or pays any sum,;or performs any act requiring Landlord to incur any expense or pays any sum, including reasonable fees and expenses paid or incurred by Landlord in order to prepare and post or deliver any notice permitted or required by the provisions of this Lease or otherwise permitted or contemplated by law, then the amount so paid or incurred by Landlord shall be immediately due and payable to Landlord by Tenant as additional rent. 19. WAIVEROF BREACH Any waiver, express or implied, by any party hereto, of any breach by any party of any covenant or provision of this Lease, shall not be, nor be construed to be, a waiver of any subsequent breach of the same or any other term or provision hereof. The acceptance by Landlord of delinquent rent shall not constitute a waiver of any other default and shall constitute only a waiver of timely payment of the amount so received. 20. SIGNS ADVERTISING Tenant shall be entitled to place and maintain any sign or signs, if legally permitted, at a location on the exterior of the leased premises. No other signs, advertisements, notices or other exterior decoration or personal property of Tenant shall be placed upon or displayed by Tenant on any part of the building or: the windows of the leased premises, or upon or about the exterior of the leased premises.. 21. LANDLORD'S ENTRY ON PREMISES 21.1 Right of Entry Landlord and its authorized representatives shall have the right to enter the premises at all reasonable times with 24 hours notice for any of the following purposes: 13 000052 21.1.1 To determine whether the premises are in good condition and whether Tenant is complying with its obligations under this Lease; 21.1.2 To do any necessary maintenance, repairs, restoration or remodeling to the building or the premises that Landlord has the right or obligation to perform; 21.1.3 To serve, post, or keep posted any notices required or allowed under the provisions of this lease, including "for rent" or "for lease" notices during the last three months of this lease, or during any period while Tenant is in default, and any notices provided by law for the protection of Landlord's interest in the leased premises; and 21.1.4 To shore the foundations, footings, and walls of the building and to erect scaffolding and protective barricades around and about the building, but not so as to prevent entry to the premises, and to do any other act or thing necessary for the safety or preservation of the premises and the building if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or area; 21.1.5 To gather information including measurement, prepare floor plans, etc. for the purpose of performing architectural design work for the remodeling and/or rehabilitation of the building and premises. 21.2 Exercise of Right Landlord shall exercise its rights under this Section in a manner that will not interfere unreasonably with Tenant's use and occupancy of the leased premises; provided that Landlord's entry and activities do not result from Tenant's default, Tenant shall be entitled to an abatement or reduction of minimum monthly rent to the extent that Landlord's entry and activities interfere with Tenant's occupancy of the leased premises. Landlord shall not be liable in any other manner for any inconvenience, disturbance, loss of business, nuisance, or other damage arising out of Landlord's entry on the premises as provided herein, except damage resulting from the acts or omissions of Landlord or its authorized representatives. 22. SALE OR TRANSFER OF PREMISES If Landlord sells or transfers all or any portion of the premises, or the building, improvements and land of which the leased premises are a part, then Landlord, on consummation of the sale or transfer, shall be released from any liability thereafter accruing under this Lease. 14 000053 23. SURRENDER ON TERMINATION:HOLDING OVER 23.1 Surrender of Premises Tenant agrees to return the leased premises (except removable trade fixtures, furniture and equipment owned or installed by Tenant), to Landlord at the expiration or sooner termination of the lease term, in good condition and repair, reasonable wear and tear excepted. Should the Tenant hold the leased premises with the consent of Landlord after the expiration of the term of this Lease, then such holding over shall be construed to be only a tenancy from month-to-month and subject to all of the conditions and agreements herein contained. 23.2 Removal of Alterations Landlord, by giving written notice to Tenant within ten (10) days before the expiration or termination of the lease, may elect to require Tenant to remove any alterations that Tenant has made to the premises, and if Landlord so elects, Tenant, at its sole cost and expense, shall remove the alterations specified by Landlord in its notice, and shall make such repairs necessitated by the removal of said alterations, and any damage resulting therefrom, as may be necessary to restore the leased premises to good condition and repair, excepting only reasonable wear and tear, before the last day of the lease term or within thirty (30) days of Landlord's notice, whichever is later. 24. NOTICES All notices hereunder shall be in writing and shall be deemed to have been given upon personal delivery or on the second (2nd) business day following the date on which sent by mail, postage prepaid, addressed, to the addresses set forth in Section 1.1 and 1.2 above unless changed in writing effective upon written notice to each party to this Lease. 25. JOINT AND SEVERAL LIABILITY Each person or entity named as a Tenant in this Lease, or who hereafter becomes a Party to this Lease as a tenant in the leased premises, or as an assignee of Tenant, shall be jointly and severally liable for the full and faithful performance of each and every covenant and obligation required to be performed by Tenant under the provisions of this Lease. is 15 000054 26. BINDING ON SUCCESSORS, ETC. Landlord and Tenant agree that each of the terms, conditions, and obligations of this Lease shall extend to and bind, or inure to the benefit of (as the case may require), the respective parties hereto, and each and every one of their respective heirs, executors, administrators, representatives, successors and assigns. 27. ATTORNEYS'FEES In the event that any legal action is instituted by either of the parties hereto to enforce or construe any of the terms, conditions or covenants of this Lease, or the validity thereof, the party prevailing in any such action shall be entitled to recover from the other party all court costs and a reasonable attorneys' fee to be set by the court, and the costs and fees incurred in enforcing any judgment entered therein. 28. PARTIAL INVALIDITY If any term or provision of this Lease or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Lease or the application of such term or provision to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Lease shall be valid and be enforceable to the fullest extent permitted by law. 29. COMPLETE AGREEMENT This Lease, and the attachments and exhibits hereto, constitute the entire agreement between the parties and may not be altered, amended, modified or extended except by an instrument in writing signed by the parties hereto. The parties respectively acknowledge and agree that neither has made any representations or warranties,to the other not expressly set forth herein. 16 000055 1 IN WITNESS WHEREOF, the parties hereto ve x uted this Lease on the date set forth opposite their respective names. Date: -t —G By: 0 Tenant arin San ers By: V Tenant: Michael S. Croft Attest: LANDLORD, CITY OF ATASCADERO By: LEE PRICE GEORGE P. HIGHLAND City Clerk Mayor Approved as to form: ARTHER R. MONTANDON City Attorney 17 000056 EXHIBIT A DESCRIPTION OF LEASED PREMISES: The Gymnasium portion of the Youth Recreation Center/Historic Printery Building of the City of Atascadero, and "Karate Office Area" attached to and immediately East of the Gymnasium, on every Monday, Tuesday, Wednesday, and Thursday from 6:00 PM to 10:00 PM. See Map 1 of Site Map, attached to back of this Agreement. Leased area designated as shaded area on map W////). ADDRESS: 6351Olmeda Avenue Atascadero, California 93422 SQUARE FEET: N/A 18 000057 EXHIBIT "C" 1. RENT ADJUSTMENTS: Adjustments to rent will be reviewed on an annual basis. Any adjustments to rent will be made on JULY 1 of each year. Ken Yu Kan Karate staff shall submit to the Director of Community Services, prior to each December lst, information regarding . Minimum monthly rent for the term of this Lease Agreement shall be $450.00. 2. LATE CHARGE: Ten percent (10%) of annual rent (see Section 4.1.3). 3. PROPORTIONATE SHARES: A. Building Expense/Real Property Taxes: Not applicable. B. Insurance: Not applicable. C. Utilities/Services. 20 000059 EXHIBIT "D" BUILDING RULES AND REGULATIONS The leased premises and the building shall be used and occupied by Tenant and its agents and invitees in accordance with the following rules and regulations, as they may be amended from time to time by Landlord: 1. Tenant and its agents and invitees shall not obstruct the sidewalks, common halls,l passageways, driveways, entrances and exits of the building; such facilities shall be used only for ingress to and egress from the leased premises. 2. All trash and refuse shall be stored in adequate containers and regularly removed from the premises. No trash or refuse of any kind shall be burned in or about the leased premises. 3. Tenant shall not alter any lock or install any new or additional I lock or bolt on any door of the premises without Landlord's approval, and shall furnish Landlord with a duplicate key for any such lock installed with Landlord's approval. 4. Tenant shall not mark, drive nails or screws, or drill into the partitions, woodwork or plaster or in any way deface the premises. 5. All moving of furniture, freight or equipment of any kind shall' be done at the times and in the manner prescribed by Landlord and through entrances prescribed for such purposes by Landlord. 6. Upon request of Landlord, Tenant shall furnish to Landlord a current list of the names, vehicle descriptions and vehicle license numbers of each of Tenant's agents who utilize the parking facilities of the building. 7. Landlord shall direct electricians as to the location and method of installation of telephone wires and no boring or cutting for wires shall be done without Landlord's consent. The location of telephones and other office equipment affixed to the premises shall be subject to Landlord's approval, which approval shall not be unreasonably withheld. 21 000060 8. Tenant, upon termination of its tenancy, shall deliver to Landlord all keys to office space that were furnished to Tenant or that Tenant has had made. Tenant shall pay Landlord the cost of replacing any lost keys and, as the option of the Landlord, the costs of changing locks necessitated by the loss or theft of keys furnished to Tenant. 9. Tenant shall not affix or attach linoleum, tile, carpet or other floor coverings to the floor of the premises without Landlord's approval. 10. Landlord reserves the right to close and keep locked all entrance and exit doors of the building at night and on Saturdays, Sundays and legal holidays for the adequate protection of the building and the property of its tenants, but shall make adequate provision for access to the building by Tenant at all such times. If Tenant uses the premises when the building is closed and locked, Tenant shall assure that the doors of the premises and the entry doors are closed and securely locked before leaving the building. Tenant shall assure that all water faucets or water apparatus and all electricity have been shut off before Tenant or its agents or invitees leave the building so as to prevent waste or damage. 11. Landlord shall use its best efforts to enforce the Building Rules and Regulations on a uniform basis as to all tenants in the building, but Landlord shall not be responsible to Tenant or to any persons for the nonobservance or violation of these rules and regulations by any other tenant or other person. Tenant shall be deemed to have read these rules and to have agreed to abide by them as a condition to its occupancy of the leased premises. Revised 07/95 C:\CNTRCTS\KENYUKAN.LEA 22 IJtF.vy LG�r. c c tV C e 0 0 4 A d r o M W t0 v N � � � go � m 8wa � o C � ° � N id C cc 1� o a6" a � � c N 00, 52 Y � 1 Ac 1 000062 O LEASE AGREEMENT This Lease Agreement is made and entered into this date by and between the City of Atascadero, a Municipal Corporation, organized and existing under the general laws of the State of California, hereinafter referred to as "Landlord", and Douglas Getty, owner of Getty Photogravhy, a sole proprietorship, hereinafter referred to as "Tenant." 1. PARTIES 1.1 Landlord 1.1.1 The Landlord is the City of Atascadero, California, whose mailing address and physical address for notice under the terms of this Agreement as follows: City of Atascadero Attn: Director of Community Services 6500 Palma Avenue Atascadero, California 93422 1.2 Tenant 1.2.1 The tenant is Getty Photography, whose mailing address and physical address for notice under the terms of this Agreement is as follows: Douglas Getty c/o Getty Photography 5690 West Mall Atascadero, California 93422 2. LEASE PREMISES 2.1 Description of Premises 2.1.1 As used herein, the terms "premises" or "leased premises" shall mean the building and real property described in "Exhibit A" attached hereto, and which is hereby incorporated herein. Unless the context otherwise requires, such terms shall include the building and other improvements presently existing or to be constructed in which the premises are or will be situated, and all fixtures heretofore or hereafter to be installed by Landlord therein. 1 000063 - 1 2.1.2 As long as Tenant is not in default under this Lease, Tenant shall have the non-exclusive right to use the premise, together with such easements for ingress and egress as are necessary for Tenant's use and occupancy of the leased premises. 2.2 Parking Facilities Tenant acknowledges and agrees that any parking spaces provided by Landlord in and around the building or the leased premises are solely for the Youth Recreation Center and the convenience of the clients of Tenant or its members, unless otherwise specifically designated by the Landlord in writing. 3. TERM OF LEASE The term of this Lease shall begin on September 1. 1995. Subject to extension or sooner termination as hereinafter provided, this Lease shall continue for the term of two Q years. If so provided in "Exhibit B" attached, and which is hereby incorporated herein, the Lease will terminate earlier than the stated term. 4. RENTAL 4.1 Minimum Annual Rent 4.1.1 Tenant agrees to pay to Landlord a minimum monthly rent of $600.00,during each month of the term of this Lease. The monthly rent shall be due and payable on the first day of each month. All rents shall be paid in lawful money of the United States at the location designated in Section 1.1.land at such place as Landlord shall designate to Tenant from time to time in writing. 4.1.2 If so provided in "Exhibit C" attached hereto and which is hereby incorporated herein, the minimum monthly rent shall be adjusted at the times and in the manner specified in "Exhibit C%and Tenant agrees to pay Landlord the minimum monthly rent, as so adjusted, at the times and in the manner provided by this Lease. 4.1.3 Should Tenant fail to make any payment of rent within ten (10) calendar days of the date when such payment first becomes due, or should any check tendered in payment of rent be returned to Landlord by Tenant's bank for any reason, then Tenant shall pay to Landlord, in addition to such rental payment, a late charge in the amount of ten percent (10%) of the annual rent, which the parties agree is a reasonable estimate of the amount necessary to reimburse Landlord damages and additional costs not contemplated by this Lease that Landlord will incur as a result of the delinquent payment or returned check, including processing and accounting charges 2 000064. and late charges that may be imposed on Landlord by its lender. Upon notice of nonpayment given by Landlord to Tenant, the entire amount then due, including such late charge, shall thereafter bear interest at the rate of fifteen percent (15%) until paid in full. 5. INTENTION OF PARTIES: NEGATION OF PARTNERSHIP Nothing in this Lease is intended and no provision of this Lease shall be construed to make Landlord a partner of or a joint venturer with Tenant, or associated in any other way with Tenant in the operation of the leased premises, or to subject Landlord to any obligation, loss, charge or expense resulting from or attributable to Tenant's operation or use of the premises. 6. PROPERTY TAXES AND ASSESSMENTS 6.1 Personal Property Taxes Tenant shall pay, before delinquency, all taxes assessed against any personal property of Tenant installed or located in or upon the leased premises and that become payable during the term of this Lease. 6.2 Real Property Taxes 6.2.1 In addition to all other rent payable by Tenant hereunder, Tenant agrees to pay as additional rent its proportionate share of real property taxes if any, or any increases in real property taxes over taxes paid in the first year of this Lease, levied or assessed against the land and the building in which the leased premises are situated. Real property taxes for any fractional portion of a fiscal year included in the lease shall be prorated on the basis of a 360-day year. 6.2.2 Each year, Landlord shall notify Tenant of its proportionate share of the real property taxes payable by Tenant hereunder and Tenant shall pay Landlord the amount payable by Tenant at the time and in the manner provided for the payment of rent. 6.2.3 This Lease may create a taxable possessory interest. Tenant shall pay any possessory interest tax which may be levied as a result of Tenant's possessory interest in this leasehold. Possessory interest means any interest described in Section 107 of the California Revenue and Taxation Code, or successor statute and includes any interest described in Section 107.4 of the same Code, or its successor statute. This section is deemed to comply with Section 107.6 of the same code. 3 000 ' 6.3 Taxes Defined: Special Assessments The term "realro ert taxes" as used in this Section shall mean and P P Y , , include all taxes, assessments, and other governmental charges, general and special, ordinary and extraordinary, of any kind and nature whatsoever, levied or assessed against all or any part of the building and other improvements and the land of which the leased premises are a part, including but not limited to assessment for public improvements, benefits or facilities (including parking district assessments) which shall be levied or assessed against the land and/or building or any part thereof, but excluding franchise, estate, inheritance, succession, capital levy, transfer, income or excess profits tax imposed upon Landlord. If at any time during the term of this Lease, under the laws of California, or any political subdivision thereof in which the leased premises are situated, a tax or excise or rents or other tax, however described, is levied or assessed against Landlord on account of the rent expressly reserved hereunder, in addition to or as a substitute in whole or in part for taxes assessed or imposed by California or such political subdivision on land and/or buildings, such tax or excise shall be included within the definition of "real property taxes," but only to the extent of the amount thereof which is lawfully assessed or imposed as a direct result of Landlord's ownership of this Lease or of the rental accruing under this Lease. With respect to any assessment which may be levied against or upon the building, land or improvements of which the leased premises are a part, and which under the laws then in force may be evidenced by improvement or other bonds, or may be paid in annual installments, Tenant shall be required to pay each year only the amount of such annual installment+ or portion thereof as Landlord shall be required to pay during such year (with appropriate proration for any partial year) and shall have no obligation to continue such payments after the termination of this Lease. 7. LANDLORD'S MANAGEMENT OF BUILDING 7.1 Management of Building Landlord shall have the right, in its sole discretion, to: 7.1.1 Close the premises when and to the extent necessary for maintenance or renovation purposes; and 7.1.2 To change the plan of the building to the extent ',necessary for its expansion, or the remodeling or renovation thereof, so long as the changes do not substantially interfere with ingress to and egress from or the location 'of the leased premises. 4 000066 7.2 Rules and Regulations is 1 have the right from time to time to promulgate, amend and Landlord shall g P g enforce against Tenant and all persons upon the leased premises, reasonable rules and regulations for the safety, care and cleanliness of the premises and the building or for the preservation of good order; provided, however, that all such rules and regulations shall apply substantially equally and without discrimination, and no such rule or regulation shall require Tenant to pay additional rent. Tenant agrees to conform to and abide by such rules and regulations, and a violation of any of them shall constitute a default by Tenant under this Lease. 8. USE; LIMITATIONS ON USE 8.1 Tenant's Use of Premises Tenant agrees that the leased premises shall be used and occupied only for the purpose specified herein which is: to maintain and operate a photogMphy studio, and for no other purpose or purposes without Landlord's prior written consent. Tenant agrees diligently to conduct its business operations in all of the leased premises regularly and continuously during the term hereof. 8.2 Limitations on Use Tenant's use of the leased premises shall be in accordance with the is following requirements: 8.2.1 Insurance Hazards. Tenant shall neither engage in nor permit others to engage in any activity or conduct that will cause the cancellation of or an increase in the premium for any fire insurance maintained by Landlord, and will pay any increase in the fire insurance premiums attributable to Tenant's particular use of the leased premises. Tenant shall, at Tenant's sole cost, comply with all requirements of any insurance organization or company pertaining to the use of the premises necessary for the maintenance of reasonable fire and public liability insurance covering the building. 8.2.2 Compliance with Law. Tenant shall, at Tenant's sole cost and expense, comply with all of the requirements, ordinances and statutes of all municipal, state and federal authorities now in force, or which may hereafter be in force, pertaining to the leased premises and the use and occupancy thereof by Tenant. The judgment of any court of competent jurisdiction, or the admission of Tenant in any action or proceeding against Tenant, whether Landlord be a party thereto or not, that Tenant has violated any such ordinances or statutes in the use of the premises shall be conclusive of that fact as between Landlord and Tenant. 5 O-OO U6'7 8.2.3 Waste: Nuisance. Tenant shall not commit, or suffer to be committed, any waste of the leased premises, or any nuisance or other unreasonable annoyance which may disturb the quiet enjoyment of the owners or occupants of adjacent areas, buildings or properties. 9. ALTERATIONS 9.1 Change by Tenant Any alterations, additions, improvements or changes, including any remodeling or redecorating, that Tenant may desire to make in, to or upon the leased premises, shall be made at Tenant's sole cost and expense and in compliance with all applicable governmental requirements. All such alterations and improvements shall be made only after first submitting the plans and specifications therefor to Landlord and obtaining the consent of Landlord thereto in writing. Any such alterations or improvements shall at once become a part of the leased premises and, unless Landlord exercises its right to require Tenant to remove any alterations that Tenant has made to the premises, shall be surrendered to Landlord upon the expiration or sooner termination of this Lease. 9.2 Mechanics' Liens Tenant agrees to keep the leased premises and any improvements thereon at all times free of mechanics' liens and other liens for labor, services;, supplies, equipment or material purchased by or directly or indirectly furnished to Tenant. 10. UTILITIES 10.1 Tenant shall make all arrangements for and shall pay the charges when due for all gas and heat, light, power, telephone service, trash collection and all,other services and utilities supplied to the leased premises during the entire term of this Lease, and shall promptly pay all connection and termination charges therefor. 10.2 The suspension or interruption in utility services to the leased premises for reasons beyond the ability of Landlord to control shall not constitute a default by Landlord or entitle Tenant to any reduction or abatement of rent. 11. TENANT'S PERSONAL PROPERTY 11.1 Installation of Property Landlord shall have no interest in any removable equipment, furniture or trade fixtures owned by Tenant or installed in or upon the leased premises solely at the cost and expense of Tenant, other than heating, ventilating and air conditioning 40 b 000068 equipment installed in or affixed to the leased premises or the building in which they are situated. Prior to creating or permitting the creation of any lien or security or is reversionary interest in any removal personal property to be placed in or upon the leased premises, Tenant shall obtain the written agreement of the party holding such interest to make such repairs necessitated by the removal of such property and any damage resulting therefrom as may be necessary to restore the leased premises to good condition and repair, excepting only reasonable wear and tear, in the event said property is thereafter removed from the leased premises by said party, or by any agent or representative thereof or purchaser. therefrom, pursuant to the exercise or enforcement of any rights incident to the interest so created, without any cost or expense to Landlord. 11.2 Removal of Personal Property Provided that Tenant is not then in default, at the expiration of this Lease, Tenant shall have the right to remove at its own cost and expense all removable equipment, furniture or trade fixtures owned by or installed at the expense of Tenant on the leased premises during the term of this Lease, other than any heating, ventilating or air conditioning equipment installed by Tenant. All such personal property shall be removed prior to the close of business on the last day of the lease term, and Tenant shall make such repairs necessitated by the removal of said property and any damage resulting therefrom as may be necessary to restore the leased premises to good condition and repair, excepting only reasonable wear and tear. Any such property not so removed shall be deemed to have been abandoned or, at the option of Landlord, shall be removed and placed in storage for the account and at the cost and expense of Tenant. 12. CARE AND MAINTENANCE 12.1. Tenant's Maintenance 12.1.1 Except as otherwise provided in this Lease, Tenant at its own cost and expense, agrees: A. To maintain throughout the lease term in good and sanitary order, condition, and repair, all portions of the leased premises, including, without limitation, (a) the interior of the leased premises, including flooring, exposed plumbing, lighting lamps and wiring, paint and finish; (b) any windows or skylights; (c) the storefront; (d) any personal property of Tenant situated in or upon the leased premises; and (e) any heating, ventilating or air conditioning equipment installed by Tenant in or upon the leased premises. B. To notify Landlord promptly of any damage to the leased premises or the building in which they are situated resulting from or attributable to the acts or omissions of Tenant, its invitees or its authorized representatives, and thereafter promptly to repair all such damage at Tenant's sole cost and expense. 7 000069 C. To provide janitorial services for the interior of the leased premises. 12.1.2 Tenant waives theP rovisions of Section 1941 and 1942 of the California Civil Code with respect to Tenant's right to make repairs and to deduct the expenses thereof from the rent payable by Tenant. 12.1.3 Landlord shall provide janitorial and trash collection services to the common and exterior areas of leased premises. Tenant shall provide janitorial and trash collection services to the interior areas of the leased premises. 13. INDEMNITY AND INSURANCE 13.1 Indemnification Agreement This Lease is made upon the express condition that Landlord is to be free from all liability and claims for damages by reason of any injury to any person and damage to any property (including Tenant's), resulting from any cause whatsoever while, in, upon, about, or in any way connected with the leased premises are located during the term of this Lease, including without limitation, damage or injury caused by the elements or from breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, plumbing, air conditioning, or other electrical or mechanical fixtures or equipment, excluding only any damage or injury caused by the breach by Landlord of a duty imposed by law or under this Lease. Tenant hereby waives all claims against Landlord for, and agrees to indemnify and hold Landlord harmless from any lioLbility, damage, loss, cost or expense, including attorneys fees, for any injury or damage to',persons or property resulting from or attributable to the fault or neglect of Tenant. 13.2 Public Liability and Property Damage 13.2.1 Insurance Coverage. Tenant agrees to maintain in force throughout the term hereof, at Tenant's sole cost and expense, such insurance, including liability insurance against any liability to the public incident to the use of or resulting from any accident occurring in or about the leased premises, of the types and initially with the limits of liability specified in the Basic Provisions. Such policies shall insure the contingent liability of Landlord and the performance by Tenant of its indemnity obligations under this Lease. Landlord shall be named as an additional insured in each policy, and each policy shall contain cross-liability endorsements. The initial amount of coverage shall be $1,000.000. 13.2.2 Adjustment to Coverage. Tenant further agrees to review the amount of its insurance coverage with Landlord every three (3) years to the end that the protection coverage afforded thereby shall be in proportion to the protection coverage afforded at the commencement of this Lease. If the parties are unable to agree upon the amount of said coverage prior to the expiration of each such three (3) year period, 40 8 000.0' 0 then the amount of coverage to be provided by Tenant's carrier shall be adjusted to the amounts of coverage recommended in writing by an insurance broker selected by 0 Landlord. 13.3 Proof of Insurance Each policy of insurance required of Tenant by this Lease shall be a primary policy, issued by an insurance company reasonably satisfactory to Landlord, and shall contain an endorsement requiring thirty (30) days written notice from the insurer to Landlord before cancellation or changes in the nature, scope or amount of coverage. Each policy, or a certificate of the policy, together with evidence of the payment of premiums, shall be deposited with Landlord at the commencement of the initial term of this Lease, and at the commencement of any renewal term. 13.4 Landlord's Insurance 13.4.1 Landlord shall maintain a program of insurance on the building in which the leased premises are situated, insuring against loss by fire and the perils covered by an extended coverage endorsement, and public liability insurance insuring against personal injury and property damage in the amounts not less than the fair market value of the building. 14. DAMAGE OR DESTRUCTION 14.1 Landlord to Repair Should the leased premises or the building and other improvements in which the premises are situated be totally or partially damaged or destroyed, Landlord shall promptly repair the same, except that Landlord shall have the option to terminate this Lease if (a) the leased premises or the building and improvements in which"the premises are situated cannot reasonably be expected to be restored under existing law to substantially the same condition as existed prior to such damage or destruction within ninety (90) days from the date that the insurance proceeds become available to Landlord; or (b) if the costs of such restoration would exceed one-half (1/2) of the full insured value of the building and other improvements in which the leased premises are situated; or (c) if the damage or destruction results from a casualty not customarily insured against by a policy of standard fire and extended coverage insurance having vandalism and malicious mischief endorsements. Any notice of termination given hereunder shall be given to Tenant within fifteen (15) days after Landlord determines the period of time required for and the estimated costs of such repair or restoration. 9 0000 JL 14.2 Termination: Abatement of Rent 14.2.1 This Lease shall not be terminated by an damage to or destruction Y g of the leased premises or the building and other improvements of which the premises are a part unless notice of termination is given by Landlord to Tenant, or by Tenant to Landlord as provided by this Section 14, and Tenant hereby waives the provisions of Sections 1932(2) and 1933(4) of the California Civil Code with respect to any such damage or destruction. 14.2.2 Should the leased premises be damaged or destroyed at any time during the term of this Lease, there shall be an abatement or reduction of the minimum monthly rent between the date of destruction and the date of completion of restoration, based on the extent to which the destruction interferes with Tenant's use of the leased premises. In the event that any repairs or restoration of the leased premises permitted or required by Landlord are of such a nature that they cannot reasonably be expected to be substantially completed within 270 days from the date any insurance proceeds first become available to Landlord, then Tenant shall have the right to terminate this Lease by giving notice of termination to Landlord, specifying the effective date thereof, within ten (10) days after the period required to restore the premises has been determined. 14.2.3 Should then-applicable laws or zoning ordinances preclude the restoration or replacement of the leased premises in the manner hereinbefore provided, then Landlord shall have the right to terminate this Lease immediately by giving written i notice of termination to Tenant. ! 15. ASSIGNING. SUBLETTING AND HYPOTHECATING 15.1 Voluntary Transfers Tenant shall not sell, transfer or assign this Lease or any part thereof, or interest therein, or hypothecate or grant any rights hereunder, or create or permit any subleases for the leased premises. 16. DEFAULT BY TENANT; LANDLORD'S REMEDIES 16.1 Insolvency of Tenant If during the term of this Lease (a) the Tenant shall make an assignment for the benefit of creditors; or (b) a voluntary or involuntary petition shall be filed by or against the Tenant under the law having for its purpose the adjudication of the Tenant as bankrupt, or the extension of time of payment, composition, adjustment, modification, settlement or satisfaction of the liabilities of the Tenant, or to which any property of the Tenant may be subject and, if the petition be involuntary, if said petition be granted; or (c) a receiver be appointed for the leased premises by reason of the insolvency or 10 000012 alleged insolvency of the Tenant and said receiver is not discharged within ten (10) days, or upon the hearing of a timely filed petition to dismiss, absolve or otherwise terminate the receivership, whichever shall later occur; or (d) any department of the state or federal government, or any officer thereof duly authorized shall take possession of the leased premises and the improvements thereon by reason of the insolvency of the Tenant and the taking of possession shall be followed by a legal adjudication of the insolvency, or bankruptcy, or receivership of Tenant, then upon the occurrence of any such contingency, Landlord shall be entitled to terminate this Lease for breach thereof by Tenant by giving written notice of termination and the same shall expire as fully and completely as if the day of such notice were the date herein specifically fixed for the expiration of the term of this Lease, and the Tenant will then quit and surrender the leased premises and the improvements thereon to Landlord, but the Tenant shall remain liable as hereinafter provided. 16.2 Breach of Covenant; Abandonment,Etc. If during the term of this Lease, Tenant (a) shall make default in fulfilling any of the covenants or conditions of this Lease (other than the covenants for the payment of rent or other charges payable by the Tenant hereunder); or (b) shall abandon the leased premises, then the Landlord may give the Tenant notice of such default or of the happening of any contingency in this paragraph referred to, and if at the expiration of ten (10) days after the service of such notice the default or contingency upon which said notice was based shall continue to exist, or in the case of a default or contingency which cannot with due diligence be cured within a period of ten (10) days, if the Tenant fails to proceed promptly after the service of such notice to prosecute the curing of such default with all due diligence within a reasonable period of time, the Landlord may terminate this Lease and upon such termination, the Tenant shall quit and surrender the leased premises and the improvements thereon to the Landlord, but the Tenant shall remain liable as hereinafter provided. 16.3 Failure to Pay Rent, Etc. If the Tenant shall make default in the payment of the rent expressly reserved hereunder, or any part of the same, or shall make default in the payment of any other rent or charge required to be paid by the Tenant hereunder or any part of the same, and such default shall continue for three (3) days after notice thereof by the Landlord, the Landlord may terminate this Lease and upon such termination, the Tenant shall quit and surrender the leased premises and the improvements thereon to the Landlord, but the Tenant shall remain liable as hereinafter provided. 16.4 Termination of Lease It is understood and agreed that all the covenants and conditions of this Lease herein contained are covenants by Tenant and that in default of Tenant's fulfilling 11 000073 any of the same, Landlord may at any time thereafter at Landlord's option, forfeit this Lease and any holding over thereafter by Tenant shall be construed to be a tenancy from month to month only, for the same rental payable in the same manner as provided elsewhere in this Lease. It is further agreed that in the event of any breach of this Lease by Tenant, then Landlord, besides any other rights or remediesLandlord may have, shall have the immediate right of re-entry and may remove all persons and property from the premises. 16.5 Landlord's Damages If Tenant breaches this Lease and abandons the premises before the end of the term, or if Tenant's right of possession is terminated by Landlord because of breach of this Lease pursuant to any of the foregoing provisions of this section, or otherwise, then in any such case, Landlord may recover from Tenant :all damages suffered by Landlord as a result of Tenant's failure to perform Tenant's obligations hereunder, including but not restricted to, the worth at the time of the award (computed in accordance with paragraph (b) of Section 1951.2 of the California Civil Code) of the amount by which the rent then unpaid hereunder for the balance of the lease term exceeds the amount of such rental loss for the same period which the Tenant proves could be reasonably avoided by Landlord. It is further agreed that even though Tenant has breached this Lease and abandoned the property, the Lease may continue in effect for so long as Landlord does not terminate the Tenant's right to possession, and the Landlord may enforce all of the rights and remedies under this Lease, including the right to recover the rent as it becomes due under the Lease (in accordance!, with paragraph (b) of Section 1951.4 of the California Civil Code). Nothing contained herein shall diminish or take away the right of the Landlord to seek and obtain such equitable relief against Tenant as may be appropriate. 16.6 Remedies Not Exclusive The Landlord, in addition to the rights hereinbefore given in case of Tenant's breach or default, may pursue any other remedy available to Landlord at law or in equity. 17. POWER OF RECEIVER Upon a default by Tenant, Landlord shall have the right to obtain the appointment of a receiver to take possession of the leased premises and/or to collect the rents or profits derived therefrom, and Tenant irrevocably agrees that any such receiver may, if it be necessary or convenient in order to collect such rents and profits, conduct the business then being carried on by Tenant on said premises and that said receiver may take possession of any personal property belonging to Tenant and used in the 12 000074, conduct of such business, and may use the same in conducting such business on the premises without compensation to Tenant for such use. Neither the application for nor the appointment of such a receiver shall be construed as an election on Landlord's part to terminate this Lease unless a written notice of such intention is given by Landlord. 18. LANDLORD'S RIGHT TO CURE DEFAULTS Landlord, at any time after Tenant commits a default in the performance of any of Tenant's obligations under this Lease, shall be entitled to cure such default, or to cause such default to be cured, at the sole cost and expense of Tenant. If, by reason of any default by Tenant, Landlord incurs any expense or pays any sum, or performs any act requiring Landlord to incur any expense or pays any sum, including reasonable fees and expenses paid or incurred by Landlord in order to prepare and post or deliver any notice permitted or required by the provisions of this Lease or otherwise permitted or contemplated by law, then the amount so paid or incurred by Landlord shall be immediately due and payable to Landlord by Tenant as additional rent. 19. WAIVEROF BREACH Any waiver, express or implied, by any party hereto, of any breach by any party of any covenant or provision of this Lease, shall not be, nor be construed -to be, a waiver of any subsequent breach of the same or any other term or provision hereof. The acceptance by Landlord of delinquent rent shall not constitute a waiver of any other default and shall constitute only a waiver of timely payment of the amount so received. 20. SIGNS ADVERTISING Tenant shall be entitled to place and maintain any sign or signs, if legally permitted, at a location on the exterior of the leased premises. No other signs, advertisements, notices or other exterior decoration or personal property of Tenant shall be placed upon or displayed by Tenant on any part of the building or the windows of the leased premises, or upon or about the exterior of the leased premises. 21. LANDLORD'S ENTRY ON PREMISES 21.1 Right of Entry Landlord and its authorized representatives shall have the right to enter the premises at all reasonable times with 24 hours notice for any of the following purposes: 21.1.1 To determine whether the premises are in good condition and whether Tenant is complying with its obligations under this Lease; 13 0000'75 9 21.1.2 To do any necessary maintenance, repairs, restoration or remodeling to the building or the premises that Landlord has the right or obligation to perform; 21.1.3 To serve, post, or keep posted any notices required or allowed under the provisions of this lease, including "for rent" or "for lease" notices during the last three months of this lease, or during any period while Tenant is in default, and any notices provided by law for the protection of Landlord's interest in the leased premises; and 21.1.4 To shore the foundations, footings, and walls of the building and to erect scaffolding and protective barricades around and about the building, but not so as to prevent entry to the premises, and to do any other act or thing necessary for the safety or preservation of the premises and the building if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or area; 21.1.5 To gather information including measurement, prepare floor plans, etc. for the purpose of performing architectural design work for the remodeling and/or rehabilitation of the building and premises. 21.2 Exercise of Right Landlord shall exercise its rights under this Section in a,manner that will not interfere unreasonably with Tenant's use and occupancy of the leased premises; provided that Landlord's entry and activities do not result from Tenant's default, Tenant shall be entitled to an abatement or reduction of minimum monthly rent to the extent that Landlord's entry and activities interfere with Tenant's occupancy ',of the leased premises. Landlord shall not be liable in any other manner for any inconvenience, disturbance, loss of business, nuisance, or other damage arising out of Landlord's entry on the premises as provided herein, except damage resulting from the acts or omissions of Landlord or its authorized representatives. 22. SALE OR TRANSFER OF PREMISES If Landlord sells or transfers all or any portion of the premises, or the building, improvements and land of which the leased premises are a part, then 'Landlord, on consummation of the sale or transfer, shall be released from any liability thereafter accruing under this Lease. 14 0000'76 23. SURRENDER ON TERMINATION;HOLDING OVER 23.1 Surrender of Premises Tenant agrees to return the leased premises (except removable trade fixtures, furniture and equipment owned or installed by Tenant), to Landlord at the expiration or sooner termination of the lease term, in good condition and repair, reasonable wear and tear excepted. Should the Tenant hold the leased premises with the consent of Landlord after the expiration of the term of this Lease, then such holding over shall be construed to be only a tenancy from month-to-month and subject to all of the conditions and agreements herein contained. 23.2 Removal of Alterations Landlord, by giving written notice to Tenant within ten (10) days before the expiration or termination of the lease, may elect to require Tenant to remove any alterations that Tenant has made to the premises, and if Landlord so elects, Tenant, at its sole cost and expense, shall remove the alterations specified by Landlord in its notice, and shall make such repairs necessitated by the removal of said alterations, and any damage resulting therefrom, as may be necessary to restore the leased premises to good condition and repair, excepting only reasonable wear and tear, before the last day of the lease term or within thirty (30) days of Landlord's notice, whichever is later. 24. NOTICES All notices hereunder shall be in writing and shall be deemed to have been given upon personal delivery or on the second (2nd) business day following the date on which sent by mail, postage prepaid, addressed, to the addresses set forth in Section 1.1 and 1.2 above unless changed in writing effective upon written notice to each party to this Lease. 25. JOINT AND SEVERAL LIABILITY Each person or entity named as a Tenant in this Lease, or who hereafter becomes a Party to this Lease as a tenant in the leased premises, or as an assignee of Tenant, shall be jointly and severally liable for the full and faithful performance of each and every covenant and obligation required to be performed by Tenant under the provisions of this Lease. 26. BINDING ON SUCCESSORS, ETC. Landlord and Tenant agree that each of the terms, conditions, and obligations of this Lease shall extend to and bind, or inure to the benefit of (as the case may require), the respective parties hereto, and each and every one of their respective heirs, executors, administrators, representatives, successors and assigns. 15 0000'7'7 27. ATTORNEYS'FEES In the event that any legal action is instituted by either of the parties hereto to enforce or construe any of the terms, conditions or covenants of this Lease, or the validity thereof, the party prevailing in any such action shall be entitled to recover from the other party all court costs and a reasonable attorneys' fee to be set by the court, and the costs and fees incurred in enforcing any judgment entered therein. 28. PARTIAL INVALIDITY If any term or provision of this Lease or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Lease or the application of such term or provision to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Lease shall be valid and be enforceable to the fullest extent permitted by law. 29. COMPLETE AGREEMENT This Lease, and the attachments and exhibits hereto, constitute the entire agreement between the parties and may not be altered, amended, modified or extended except by an instrument in writing signed by the parties hereto. The parties respectively acknowledge and agree that neither has made any representations or warranties to the other not expressly set forth herein. IN WITNESS WHEREOF,the parties hereto have executed this Lease on the date set forth opposite their respective names. Date: By:. Tenant: Douglai Getty Attest: LANDLORD, CITY OF A'TASCADERO By: LEE PRICE GEORGE P. HIGHLAND, City Clerk Mayor Approved as to form: ARTHER R. MONTANDON, City Attorney lb (T ows EXHIBIT A DESCRIPTION OF LEASED PREMISES: A portion of the Youth Recreation Center/Historic Printery Building of the City of Atascadero. ADDRESS: 5690 West Mall Atascadero, California 93422 SQUARE FEET: 2,184 sq. feet 17 0004-79 EXHIBIT B Tenancy to begin: September, 1995. Tenancy shall terminate earlier than the stated term thirty (30) days after the death of tenant. 18 000080 EXHIBIT "C" 1. RENT ADJUSTMENTS: Adjustments to rent will be reviewed on an annual basis. Any adjustments to rent will be made on JANUARY of each year. Getty Photography staff shall submit to the Director of Community Services, prior to each December 1st, information regarding Minimum monthly rent for the term of this Lease Agreement shall be $600.00. 2. LATE CHARGE: Ten percent (10%) of annual rent (see Section 4.1.3). 3. PROPORTIONATE SHARES: A. Building Expense/Real Property Taxes: Not applicable. B. Insurance: Not applicable. C. Utilities/Services. 19 0o0as1 EXHIBIT "D" BUILDING RULES AND REGULATIONS The leased premises and the building shall be used and occupied by Tenant and its agents and invitees in accordance with the following rules and regulations, as they may be amended from time to time by Landlord: 1. Tenant and its agents and invitees shall not obstruct the sidewalks, common halls,l passageways, driveways, entrances and exits of the building; such facilities shall be used only for ingress to and egress from the leased premises. 2. All trash and refuse shall be stored in adequate containers and regularly removed from the premises. No trash or refuse of any kind shall be burned in or about the leased premises. 3. Tenant shall not alter any lock or install any new or additional lock or bolt on any door of the premises without Landlord's approval, and shall furnish Landlord with a duplicate key for any such lock installed with Landlord's approval. 4. Tenant shall not mark, drive nails or screws, or drill into the partitions, woodwork or plaster or in any way deface the premises. 5. All moving of furniture, freight or equipment of any kind shall be done at the times and in the manner prescribed by Landlord and through entrances prescribed for such purposes by Landlord. 6. Upon request of Landlord, Tenant shall furnish to Landlord a current list of the names, vehicle descriptions and vehicle license numbers of each of Tenant's agents who utilize the parking facilities of the building. 7. Landlord shall direct electricians as to the location and method of installation of telephone wires and no boring or cutting for wires shall be done without Landlord's consent. The location of telephones and other office equipment affixed to the premises shall be subject to Landlord's approval, which approval shall not be unreasonably withheld. 20 00008 8. Tenant, upon termination of its tenancy, shall deliver to Landlord all keys to office space that were furnished to Tenant or that Tenant has had made. Tenant shall pay Landlord the cost of replacing any lost keys and, as the option of the Landlord, the costs of changing locks necessitated by the loss or theft of keys furnished to Tenant. 9. Tenant shall not affix or attach linoleum, tile, carpet or other floor coverings to the floor of the premises without Landlord's approval. 10. Landlord reserves the right to close and keep locked all entrance and exit doors of the building at night and on Saturdays, Sundays and legal holidays for the adequate protection of the building and the property of its tenants, but shall make adequate provision for access to the building by Tenant at all such times. If Tenant uses the premises when the building is closed and locked, Tenant shall assure that the doors of the premises and the entry doors are closed and securely locked before leaving the building. Tenant shall assure that all water faucets or water apparatus and all electricity have been shut off before Tenant or its agents or invitees leave the building so as to prevent waste or damage. 11. Landlord shall use its best efforts to enforce the Building Rules and Regulations on a uniform basis as to all tenants in the building, but Landlord shall not be responsible to Tenant or to any persons for the nonobservance or violation of these rules and regulations by any other tenant or other person. Tenant shall be deemed to have read these rules and to have agreed to abide by them as a condition to its occupancy of the leased premises. Revised 07/95 C:\CNTRCTS\GETFYPHO.LEA 21 060083 j L U N o 0 0 y cr C) 11 Q .! ^ r 1 U mco a L (n an v �O Cl W tL LL J r`1 CD L V tto Lf) v N T \ < cc tY N cr; V v t— �2 to �. o ¢ c7 M a JO z �' m LL m O p O O W 0 LL o w m Z � z D :2 -1 E-, a W Cl) o m ~ LL m m ►- w � OV CD o c� 0 to cv w-• O r� `f) n o •_ cv �+ c'o Rt O CD ui o m Q W � D y z o a- U O O O § O O a 0 LLJ t, c LL co U Q Y t— V. i Cf) V N L rn L 000084 0 C LEASE AGREEMENT This Lease Agreement is made and entered into this date , by and between the City of Atascadero, a Municipal Corporation, organized and existing under the general laws of the State of California, hereinafter referred to as "Landlord", and Christ Chapel, hereinafter referred to as "Tenant." 1. PARTIES 1.1 Landlord 1.1.1 The Landlord is the City of Atascadero, California, whose mailing address and physical address for notice under the terms of this Agreement as follows: City of Atascadero Attn: Director of Community Services 6500 Palma Avenue Atascadero, California 93422 1.2 Tenant 1.2.1 The tenant is Christ Chapel, whose mailing address and physical address for notice under the terms of this Agreement is as follows: Christ Chapel P O Box 817 Atascadero, California 93423 2. LEASE PREMISES 2.1 Description of Premises 2.1.1 As used herein, the terms "premises" or "leased premises" shall mean the building and real property described in "Exhibit A" attached hereto, and which is hereby incorporated herein. Unless the context otherwise requires, such terms shall include the building and other improvements presently existing or to be constructed in which the premises are or will be situated, and all fixtures heretofore or hereafter to be installed by Landlord therein. 2.1.2 As long as Tenant is not in default under this Lease, Tenant shall have the non-exclusive right to use the premise, together with such easements for ingress and egress as are necessary for Tenant's use and occupancy of the leased premises. 1 • OOQ;085 C U -- O O O N H Ir ch > a rn O is LL C t_. Co) n 1 f+•� t Cn (n 1 _m o0 D J C 0 V V1 1 Q O r{ (D (LDO V If-) C�7 U N v F- N &0 " m 0 cc = a C) ►- LL aC O p m is 0 O Ir tl p w m Z w w Q o m ~ ' LL- to m ►- �, 0 ;� o A r e Cl) � OA � b s mQ e o 04 ® > � 0;) o Ns �. CMI) h R1 0 >n Lit 2 C) b. z W ;� z co Q b CU .O � § O � C) cc a LL- cc U 4.) V) (L) �x L -- — LL 000084 C LEASE AGREEMENT This Lease Agreement is made and entered into this date , by and between the City of Atascadero, a Municipal Corporation, organized and existing under the general laws of the State of California, hereinafter referred to as "Landlord", and Christ Chapel, hereinafter referred to as "Tenant." 1. PARTIES 1.1 Landlord 1.1.1 The Landlord is the City of Atascadero, California, whose mailing address and physical address for notice under the terms of this Agreement as follows: City of Atascadero Attn: Director of Community Services 6500 Palma Avenue Atascadero, California 93422 1.2 Tenant 1.2.1 The tenant is Christ Chapel, whose mailing address and physical address for notice under the terms of this Agreement is as follows: Christ Chapel P O Box 817 Atascadero, California 93423 2. LEASE PREMISES 2.1 Description of Premises 2.1.1 As used herein, the terms "premises" or "leased premises" shall mean the building and real property described in "Exhibit A" attached hereto, and which is hereby incorporated herein. Unless the context otherwise requires, such terms shall include the building and other improvements presently existing or to be constructed in which the premises are or will be situated, and all fixtures heretofore or hereafter to be installed by Landlord therein. 2.1.2 As long as Tenant is not in default under this Lease, Tenant shall have the non-exclusive right to use the premise, together with such easements for ingress and egress as are necessary for Tenant's use and occupancy of the leased premises. 1 OOQ:0 85 2.2 Parkinz Facilities Tenant acknowledges and agrees that any parking spaces, provided by Landlord in and around the building or the leased premises are solely for the Youth Recreation Center and the convenience of the clients of Tenant or its members, unless otherwise specifically designated by the Landlord in writing. 3. TERM OF LEASE The term of this Lease shall begin on September 1, 1995. Subject to extension or sooner termination as hereinafter provided, this Lease shall continue for the term of two (2) years. 4. RENTAL 4.1 Minimum Annual Rent 4.1.1 Tenant agrees to pay to Landlord a minimum monthly rent of 500.00,during each month of the term of this Lease. The monthly rent shall be due and payable on the first day of each month. All rents shall be paid in lawful money of the United States at the location designated in Section 1.1.land at such place as Landlord shall designate to Tenant from time to time in writing. • 4.1.2 If so provided in "Exhibit C" attached hereto and which is hereby incorporated herein, the minimum monthly rent shall be adjusted at the times and in the manner specified in "Exhibit C",and Tenant agrees to pay Landlord the minimum monthly rent, as so adjusted, at the times and in the manner provided by this Lease. 4.1.3 Should Tenant fail to make any payment of rent dwithin ten (10) calendar days of the date when such payment first becomes due, or should any check tendered in payment of rent be returned to Landlord by Tenant's bank for any reason, then Tenant shall pay to Landlord, in addition to such rental payment, a late charge in the amount of ten percent (10%) of the annual rent, which the parties agree is a reasonable estimate of the amount necessary to reimburse Landlord damages and additional costs not contemplated by this Lease that Landlord will incur as a result of the delinquent payment or returned check, including processing and accounting charges and late charges that may be imposed on Landlord by its lender. Upon notice of nonpayment given by Landlord to Tenant, the entire amount then due, including such late charge, shall thereafter bear interest at the rate of fifteen percent (15%) until paid in full. i2 O00086 5. INTENTION OF PARTIES; NEGATION OF PARTNERSHIP Nothing in this Lease is intended and no provision of this Lease shall be construed to make Landlord a partner of or a joint venturer with Tenant, or associated in any other way with Tenant in the operation of the leased premises, or to subject Landlord to any obligation, loss, charge or expense resulting from or attributable to Tenant's operation or use of the premises. 6. PROPERTY TAXES AND ASSESSMENTS 6.1 Personal Property Taxes Tenant shall pay, before delinquency, all taxes assessed against any personal property of Tenant installed or located in or upon the leased premises and that become payable during the term of this Lease. 6.2 Real Property Taxes 6.2.1 In addition to all other rent payable by Tenant hereunder, Tenant agrees to pay as additional rent its proportionate share of real property taxes if any, or any increases in real property taxes over taxes paid in the first year of this Lease, levied or assessed against the land and the building in which the leased premises are situated. Real property taxes for any fractional portion of a fiscal year included in the lease shall be prorated on the basis of a 360-day year. • 6.2.2 Each year, Landlord shall notify Tenant of its proportionate share of the real property taxes payable by Tenant hereunder and Tenant shall pay Landlord the amount payable by Tenant at the time and in the manner provided for the payment of rent. 6.2.3 This Lease may create a taxable possessory interest. Tenant shall pay any possessory interest tax which may be levied as a result of Tenant's possessory interest in this leasehold. Possessory interest means any interest described in Section 107 of the California Revenue and Taxation Code, or successor statute and includes any interest described in Section 107.4 of the same Code, or its successor statute. This section is deemed to comply with Section 107.6 of the same code. 6.3 Taxes Defined; Special Assessments The term "real property taxes", as used in this Section, shall mean and include all taxes, assessments, and other governmental charges, general and special, ordinary and extraordinary, of any kind and nature whatsoever, levied or assessed against all or any part of the building and other improvements and the land of which the leased premises are a part, including but not limited to assessment for public improvements, 3 benefits or facilities (including parking district assessments) which shad be levied or assessed against the land and/or building or any part thereof, but excluding franchise, estate, inheritance, succession, capital levy, transfer, income or excess!profits tax imposed upon Landlord. If at any time during the term of this Lease, under the laws of California, or any political subdivision thereof in which the leased premises are situated, a tax or excise or rents or other tax, however described, is levied or assessed against Landlord on account of the rent expressly reserved hereunder, in addition to or as a substitute in whole or in part for taxes assessed or imposed by California or such political subdivision on land and/or buildings, such tax or excise shall be included within the definition of "real property taxes," but only to the extent of the amount thereof which is lawfully assessed or imposed as a direct result of Landlord's ownership of this Lease or of the rental accruing under this Lease. With respect to any assessment which may be levied against or upon the building, land or improvements of which the leased premises are a part, and which under the laws then in force may be evidenced by improvement or other bonds, or may be paid in annual installments, Tenant shall be required to pay each year only the amount of such annual installment or portion thereof as Landlord shall be required to pay during such year (with appropriate proration for any partial year) and shall have no obligation to continue such payments after the termination of this Lease. 7. LANDLORD'S MANAGEMENT OF BUILDING 7.1 Management of Building . Landlord shall have the right, in its sole discretion, to: 7.1.1 Close the premises when and to the extent necessary for maintenance or renovation purposes; and 7.1.2 To change the plan of the building to the extent necessary for its expansion, or the remodeling or renovation thereof, so long as the changes do not substantially interfere with ingress to and egress from or the location of the leased premises. 7.2 Rules and Regulations Landlord shall have the right from time to time to promulgate, amend and enforce against Tenant and all persons upon the leased premises, reasonable rules and regulations for the safety, care and cleanliness of the premises and the building or for the preservation of good order; provided, however, that all such rules and regulations shall apply substantially equally and without discrimination, and no such rule or regulation shall require Tenant to pay additional rent. Tenant agrees to conform to and abide by such rules and regulations, and a violation of any of them shall constitute a default by Tenant under this Lease. 4 Of3we 8. USE: LIMITATIONS ON USE 8.1 Tenant's Use of Premises Tenant agrees that the leased premises shall be used and occupied only for the purpose specified herein which is: to operate Church and Sunday School Services, and for no other purpose or purposes without Landlord's prior written consent. Tenant agrees diligently to conduct its business operations in all of the leased premises regularly and continuously during the term hereof. 8.2 Limitations on Use Tenant's use of the leased premises shall be in accordance with the following requirements: 8.2.1 Insurance Hazards. Tenant shall neither engage in nor permit others to engage in any activity or conduct that will cause the cancellation of or an increase in the premium for any fire insurance maintained by Landlord, and will pay any increase in the fire insurance premiums attributable to Tenant's particular use of the leased premises. Tenant shall, at Tenant's sole cost, comply with all requirements of any insurance organization or company pertaining to the use of the premises necessary for the maintenance of reasonable fire and public liability insurance covering the building. 8.2.2 Compliance with Law. Tenant shall, at Tenant's sole cost and expense, comply with all of the requirements, ordinances and statutes of all municipal, state and federal authorities now in force, or which may hereafter be in force, pertaining to the leased premises and the use and occupancy thereof by Tenant. The judgment of any court of competent jurisdiction, or the admission of Tenant in any action or proceeding against Tenant, whether Landlord be a party thereto or not, that Tenant has violated any such ordinances or statutes in the use of the premises shall be conclusive of that fact as between Landlord and Tenant. 8.2.3 Waste., Nuisance. Tenant shall not commit, or suffer to be committed, any waste of the leased premises, or any nuisance or other unreasonable annoyance which may disturb the quiet enjoyment of the owners or occupants of adjacent areas, buildings or properties. 9. ALTERATIONS 9.1 Change by Tenant Any alterations, additions, improvements or changes, including any remodeling or redecorating, that Tenant may desire to make in, to or upon the leased premises, shall be made at Tenant's sole cost and expense and in compliance with all 5 applicable governmental requirements. All such alterations and improvements shall be made only after first submitting the plans and specifications therefor to Landlord and obtaining the consent of Landlord thereto in writing. Any such alterations or improvements shall at once become a part of the leased premises and, unless Landlord exercises its right to require Tenant to remove any alterations that Tenant has made to the premises, shall be surrendered to Landlord upon the expiration or'sooner termination of this Lease. 9.2 Mechanics' Liens Tenant agrees to keep the leased premises and any improvements thereon at all times free of mechanics' liens and other liens for labor, services,. supplies, equipment or material purchased by or directly or indirectly furnished to Tenant. 10. UTILITIES 10.1 Tenant shall make all arrangements for and shall pay the charges when due for all gas and heat, light, power, telephone service, trash collection and all other services and utilities supplied to the leased premises during the entireterm of this Lease, and shall promptly pay all connection and termination charges therefor. 10.2 The suspension or interruption in utility services to the leased premises for reasons beyond the ability of Landlord to control shall not constitute a default by Landlord or entitle Tenant to any reduction or abatement of rent. 11. TENANTS PERS' ONAL PROPERTY 11.1 Installation of Property Landlord shall have no interest in any removable equipment, furniture or trade fixtures owned by Tenant or installed in or upon the leased premises solely at the cost and expense of Tenant, other than heating, ventilating and air conditioning equipment installed in or affixed to the leased premises or the building in which they are situated. Prior to creating or permitting the creation of any lien or security or reversionary interest in any removal personal property to be placed in or upon the leased premises, Tenant shall obtain the written agreement of the party holding such interest to make such repairs necessitated by the removal of such property and any damage resulting therefrom as may be necessary to restore the leased premises to good condition and repair, excepting only reasonable wear and tear, in the event said property is thereafter removed from the leased premises by said party, or by any agent or representative thereof or purchaser therefrom, pursuant to the exercise or enforcement of any rights incident to the interest so created, without any cost or expense to Landlord. 6 Omwe 11.2 Removal of Personal Property Provided that Tenant is not then in default, at the expiration of this Lease, Tenant shall have the right to remove at its own cost and expense all removable equipment, furniture or trade fixtures owned by or installed at the expense of Tenant on the leased premises during the term of this Lease, other than any heating, ventilating or air conditioning equipment installed by Tenant. All such personal property shall be removed prior to the close of business on the last day of the lease term, and Tenant shall make such repairs necessitated by the removal of said property and any damage resulting therefrom as may be necessary to restore the leased premises to good condition and repair, excepting only reasonable wear and tear. Any such property not so removed shall be deemed to have been abandoned or, at the option of Landlord, shall be removed and placed in storage for the account and at the cost and expense of Tenant. 12. CARE AND MAINTENANCE 12.1. Tenant's Maintenance 12.1.1 Except as otherwise provided in this Lease, Tenant at its own cost and expense, agrees: A. To maintain throughout the lease term in good and sanitary order, condition, and repair, all portions of the leased premises, including, without limitation, (a) the interior of the leased premises, including flooring, exposed plumbing, lighting lamps and wiring, paint and finish; (b) any windows or skylights; (c) the storefront; (d) any personal property of Tenant situated in or upon the leased premises; and (e) any heating, ventilating or air conditioning equipment installed by Tenant in or upon the leased premises. B. To notify Landlord promptly of any damage to the leased premises or the building in which they are situated resulting from or attributable to the acts or omissions of Tenant, its invitees or its authorized representatives, and thereafter promptly to repair all such damage at Tenant's sole cost and expense. C. To provide janitorial services for the interior of the leased premises weekly. 12.1.2 Tenant waives the provisions of Section 1941 and 1942 of the California Civil Code with respect to Tenant's right to make repairs and to deduct the expenses thereof from the rent payable by Tenant. 12.1.3 Landlord shall provide janitorial and trash collection services to the common and exterior areas of leased premises. Tenant shall provide janitorial and trash collection services to the interior areas of the leased premises. 7 000091 13. INDEMNITY AND INSURANCE 13.1 Indemnification Agreement This Lease is made upon the express condition that Landlord is to be free from all liability and claims for damages by reason of any injury to any person and damage to any property (including Tenant's), resulting from any cause whatsoever while, in, upon, about, or in any way connected with the leased premises are located during the term of this Lease, including without limitation, damage or injury caused by the elements or from breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, plumbing, air conditioning, or other electrical or mechanical fixtures or equipment, excluding only any damage or injury caused by the breach by Landlord'! of a duty imposed by law or under this Lease. Tenant hereby waives all claims against Landlord for, and agrees to indemnify and hold Landlord harmless from any liability, damage, loss, cost or expense, including attorneys fees, for any injury or damage to persons or property resulting from or attributable to the fault or neglect of Tenant. 13.2 Public Liability and Property Damage 13.2.1 Insurance Coverage. Tenant agrees to maintain in force throughout the term hereof, at Tenant's sole cost and expense, such insurance, including liability insurance against any liability to the public incident to the use of or resulting from any accident occurring in or about the leased premises, of the types and initially with the limits of liability specified in the Basic Provisions. Such policies shall',insure the contingent liability of Landlord and the performance by Tenant of its lindemnity obligations under this Lease. Landlord shall be named as an additional insured in each policy, and each policy shall contain cross-liability endorsements. The initial amount of coverage shall be $1,000.000. 13.2.2 Adjustment to Coverage. Tenant further agrees to review the amount of its insurance coverage with Landlord every year to the end that the protection coverage afforded thereby shall be in proportion to the protection coverage afforded at the commencement of this Lease. If the parties are unable to agree upon the amount of said coverage prior to the expiration of each such three (3) year period, then the amount of coverage to be provided by Tenant's carrier shall be adjusted to the amounts of coverage recommended in writing by an insurance broker selected by!,Landlord. 13.3 Proof of Insurance Each policy of insurance required of Tenant by this Lease shall be a primary policy, issued by an insurance company reasonably satisfactory to Landlord, and shall contain an endorsement requiring thirty (30) days written notice from the insurer to Landlord before cancellation or changes in the nature, scope or amount of coverage. 8 s : Each policy, or a certificate of the policy, together with evidence of the payment of premiums, shall be deposited with Landlord at the commencement of the initial term of this Lease, and at the commencement of any renewal term. 13.4 Landlord's Insurance 13.4.1 Landlord shall maintain a program of insurance on the building in which the leased premises are situated, insuring against loss by fire and the perils covered by an extended coverage endorsement, and public liability insurance insuring against personal injury and property damage in the amounts not less than the fair market value of the building. 14. DAMAGE OR DESTRUCTION 14.1 Landlord to Repair Should the leased premises or the building and other improvements in which the premises are situated be totally or partially damaged or destroyed, Landlord shall promptly repair the same, except that Landlord shall have the option to terminate this Lease if (a) the leased premises or the building and improvements in which the premises are situated cannot reasonably be expected to be restored under existing law to substantially the same condition as existed prior to such damage or destruction within ninety (90) days from the date that the insurance proceeds become available to Landlord; or (b) if the costs of such restoration would exceed one-half (1/2) of the full insured value of the building and other improvements in which the leased premises are situated; or (c) if the damage or destruction results from a casualty not customarily insured against by a policy of standard fire and extended coverage insurance having vandalism and malicious mischief endorsements. Any notice of termination given hereunder shall be given to Tenant within fifteen (15) days after Landlord determines the period of time required for and the estimated costs of such repair or restoratJon. 14.2 Termination; Abatement of Rent 14.2.1 This Lease shall not be terminated by any damage to or destruction of the leased premises or the building and other improvements of which the premises are a part unless notice of termination is given by Landlord to Tenant, or by Tenant to Landlord as provided by this Section 14, and Tenant hereby waives the provisions of Sections 1932(2) and 1933(4) of the California Civil Code with respect to any such damage or destruction. 14.2.2 Should the leased premises be damaged or destroyed at any time during the term of this Lease, there shall be an abatement or reduction of the minimum monthly rent between the date of destruction and the date of completion of restoration, based on the extent to which the destruction interferes with Tenant's use of the leased 9 i 000 premises. In the event that any repairs or restoration of the leased premises permitted or required by Landlord are of such a nature that they cannot reasonably be expected to . be substantially completed within 270 days from the date any insurance proceeds first become available to Landlord, then Tenant shall have the right to terminate this Lease by giving notice of termination to Landlord, specifying the effective date thereof, within ten (10) days after the period required to restore the premises has been determined. 14.2.3 Should then-applicable laws or zoning ordinances preclude the restoration or replacement of the leased premises in the manner hereinbefore provided, then Landlord shall have the right to terminate this Lease immediately by giving written notice of termination to Tenant. 15. ASSIGNING, SUBLETTING AND HYPOTHECATING 15.1 Voluntary Transfers Tenant shall not sell, transfer or assign this Lease or any part thereof, or interest therein, or hypothecate or grant any rights hereunder, or create or permit any subleases for the leased premises. 16. DEFAULT BY TENANT; LANDLORD'S REMEDIES 16.1 Insolvency of Tenant iIf during the term of this Lease (a) the Tenant shall make an assignment for the benefit of creditors; or (b) a voluntary or involuntary petition shall be filed by or against the Tenant under the law having for its purpose the adjudication of the Tenant as bankrupt, or the extension of time of payment, composition, adjustment, modification, settlement or satisfaction of the liabilities of the Tenant, or to which any property of the Tenant may be subject and, if the petition be involuntary, if said petition be granted; or (c) a receiver be appointed for the leased premises by reason of the insolvency or alleged insolvency of the Tenant and said receiver is not discharged within ten (10) days, or upon the hearing of a timely filed petition to dismiss, absolve or otherwise terminate the receivership, whichever shall later occur; or (d) any department of the state or federal government, or any officer thereof duly authorized shall take possession of the leased premises and the improvements thereon by reason of the insolvency of the Tenant and the taking of possession shall be followed by a legal adjudication of the insolvency, or bankruptcy, or receivership of Tenant, then upon the occurrence of any such contingency, Landlord shall be entitled to terminate this Lease for breach thereof by Tenant by giving written notice of termination and the same shall expire as fully and completely as if the day of such notice were the date herein specifically fixed for the expiration of the term of this Lease, and the Tenant will then quit and surrender the leased premises and the improvements thereon to Landlord, but the Tenant shall remain liable as hereinafter provided. 10 0"!W . 16.2 Breach of Covenant; Abandonment, Etc. If during the term of this Lease, Tenant (a) shall make default in fulfilling is any of the covenants or conditions of this Lease (other than the covenants for the payment of rent or other charges payable by the Tenant hereunder); or (b) shall abandon the leased premises, then the Landlord may give the Tenant notice of such default or of the happening of any contingency in this paragraph referred to, and if at the expiration of ten (10) days after the service of such notice the default or contingency upon which said notice was based shall continue to exist, or in the case of a default or contingency which cannot with due diligence be cured within a period of ten (10) days, if the Tenant fails to proceed promptly after the service of such notice to prosecute the curing of such default with all due diligence within a reasonable period of time, the Landlord may terminate this Lease and upon such termination, the Tenant shall quit and surrender the leased premises and the improvements thereon to the Landlord, but the Tenant shall remain liable as hereinafter provided. 16.3 Failure to Pay Rent, Etc. If the Tenant shall make default in the payment of the rent expressly reserved hereunder, or any part of the same, or shall make default in the payment of any other rent or charge required to be paid by the Tenant hereunder or any part of the same, and such default shall continue for three (3) days after notice thereof by the Landlord, the Landlord may terminate this Lease and upon such termination, the Tenant shall quit and surrender the leased premises and the improvements thereon to the Landlord, but the Tenant shall remain liable as hereinafter provided. 16.4 Termination of Lease It is understood and agreed that all the covenants and conditions of this Lease herein contained are covenants by Tenant and that in default of Tenant's fulfilling any of the same, Landlord may at any time thereafter at Landlord's option, forfeit this Lease and any holding over thereafter by Tenant shall be construed to be a tenancy from month to month only, for the same rental payable in the same manner as provided elsewhere in this Lease. It is further agreed that in the event of any breach of this Lease by Tenant, then Landlord, besides any other rights or remedies Landlord may have, shall have the immediate right of re-entry and may remove all persons and property from the premises. 16.5 Landlord's Damages If Tenant breaches this Lease and abandons the premises before the end of the term, or if Tenant's right of possession is terminated by Landlord because of breach of this Lease pursuant to any of the foregoing provisions of this section, or otherwise, then in any such case, Landlord may recover from Tenant all damages 11 000 suffered by Landlord as a result of Tenant's failure to perform Tenant's obligations hereunder, including but not restricted to, the worth at the time of the award (computed i in accordance with paragraph (b) of Section 1951.2 of the California Civil Code) of the amount by which the rent then unpaid hereunder for the balance of the lease term exceeds the amount of such rental loss for the same period which the 'Tenant proves could be reasonably avoided by Landlord. It is further agreed that even though Tenant has breached this Lease and abandoned the property, the Lease may continue in effect for so long as Landlord does not terminate the Tenant's right to possession, and the Landlord may enforce all of the rights and remedies under this Lease, including the right to recover the rent as it becomes due under the Lease (in accordance with paragraph (b) of Section 1951.4 of the California Civil Code). Nothing contained herein shall diminish or take away the right of the Landlord to seek and obtain such equitable relief against Tenant as may be appropriate. 16.6 Remedies Not Exclusive The Landlord, in addition to the rights hereinbefore given in case of Tenant's breach or default, may pursue any other remedy available to'., Landlord at law or in equity. 17. POWER OF RECEIVER Upon a default by Tenant, Landlord shall have the right to obtain the appointment of a receiver to take possession of the leased premises and/or to collect the rents or profits derived therefrom, and Tenant irrevocably agrees that any such receiver may, if it be necessary or convenient in order to collect such rents and profits, conduct the business then being carried on by Tenant on said premises and that said receiver may take possession of any personal property belonging to Tenant and used in the conduct of such business, and may use the same in conducting such business on the premises without compensation to Tenant for such use. Neither the application ,for nor the appointment of such a receiver shall be construed as an election on Landlord's part to terminate this Lease unless a written notice of such intention is given by Landlord. 18. LANDLORD'S RIGHT TO CURE DEFAULTS Landlord, at any time after Tenant commits a default in the performance of any of Tenant's obligations under this Lease, shall be entitled to cure such default, or to cause such default to be cured, at the sole cost and expense of Tenant. If, by reason of any default by Tenant, Landlord incurs any expense or pays any sum, or performs any act requiring Landlord to incur any expense or pays any sum, including reasonable fees and expenses paid or incurred by Landlord in order to prepare and post or deliver any notice permitted or required by the provisions of this Lease or otherwise permitted or contemplated by law, then the amount so paid or incurred by Landlord shall be immediately due and payable to Landlord by Tenant as additional rent. i12 19. WAIVEROF BREACH Any waiver, express or implied, by any party hereto, of any breach by any party of any covenant or provision of this Lease, shall not be, nor be construed to be, a waiver of any subsequent breach of the same or any other term or provision hereof. The acceptance by Landlord of delinquent rent shall not constitute a waiver of any other default and shall constitute only a waiver of timely payment of the amount so received. 20. SIGNS ADVERTISING Tenant shall be entitled to place and maintain any sign or signs, if legally permitted, at a location on the exterior of the leased premises. No other signs, advertisements, notices or other exterior decoration or personal property of Tenant shall be placed upon or displayed by Tenant on any part of the building or the windows of the leased premises, or upon or about the exterior of the leased premises. 21. LANDLORD'S ENTRY ON PREMISES 21.1 Right of Enta Landlord and its authorized representatives shall have the right to enter the premises at all reasonable times with 24 hours notice for any of the following purposes: 21.1.1 To determine whether the premises are in good condition and whether Tenant is complying with its obligations under this Lease; 21.1.2 To do any necessary maintenance, repairs, restoration or remodeling to the building or the premises that Landlord has the right or obligation to perform; 21.1.3 To serve, post, or keep posted any notices required or allowed under the provisions of this lease, including "for rent" or "for lease" notices during the last three months of this lease, or during any period while Tenant is in default, and any notices provided by law for the protection of Landlord's interest in the leased premises; and 21.1.4 To shore the foundations, footings, and walls of the building and to erect scaffolding and protective barricades around and about the building, but not so as to prevent entry to the premises, and to do any other act or thing necessary for the safety or preservation of the premises and the building if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or area; 13 00009'7 { 1 21.1.5 To gather information including measurement, prepare floor plans, • etc. for the purpose of performing architectural design work for the remodeling and/or rehabilitation of the building and premises. 21.2 Exercise of Right Landlord shall exercise its rights under this Section in a manner that will not interfere unreasonably with Tenant's use and occupancy of the leased premises; provided that Landlord's entry and activities do not result from Tenant's default, Tenant shall be entitled to an abatement or reduction of minimum monthly rent to the extent that Landlord's entry and activities interfere with Tenant's occupancy of the leased premises. Landlord shall not be liable in any other manner for any inconvenience, disturbance, loss of business, nuisance, or other damage arising out of Landlord's entry on the premises as provided herein, except damage resulting from the acts or omissions of Landlord or its authorized representatives. 22. SALE OR TRANSFER OF PREMISES If Landlord sells or transfers all or any portion of the premises, or the building, improvements and land of which the leased premises are a part, then Landlord, on consummation of the sale or transfer, shall be released from any liability thereafter accruing under this Lease. 23. SURRENDER ON TERMINATION:HOLDING OVER 23.1 Surrender de of Premises Tenant agrees to return the leased premises (except removable trade fixtures, furniture and equipment owned or installed by Tenant), to Landlord at the expiration or sooner termination of the lease term, in good condition and repair, reasonable wear and tear excepted. Should the Tenant hold the leased 'premises with the consent of Landlord after the expiration of the term of this Lease, then such holding over shall be construed to be only a tenancy from month-to-month and subject to all of the conditions and agreements herein contained. 23.2 Removal of Alterations Landlord, by giving written notice to Tenant within ten (10) days before the expiration or termination of the lease, may elect to require Tenant to remove any alterations that Tenant has made to the premises, and if Landlord so elects, Tenant, at its sole cost and expense, shall remove the alterations specified by Landlord in its notice, and shall make such repairs necessitated by the removal of said alterations, and any damage resulting therefrom, as may be necessary to restore the leased premises to good 14 condition and repair, excepting only reasonable wear and tear, before the last day of the lease term or within thirty (30) days of Landlord's notice, whichever is later. 24. NOTICES All notices hereunder shall be in writing and shall be deemed to have been given upon personal delivery or on the second (2nd) business day following the date on which sent by mail, postage prepaid, addressed, to the addresses set forth in Section 1.1 and 1.2 above unless changed in writing effective upon written notice to each party to this Lease. 25. JOINT AND SEVERAL LIABILITY Each person or entity named as a Tenant in this Lease, or who hereafter becomes a Party to this Lease as a tenant in the leased premises, or as an assignee of Tenant, shall be jointly and severally liable for the full and faithful performance of each and every covenant and obligation required to be performed by Tenant under the provisions of this Lease. 26. BINDING ON SUCCESSORS, ETC. Landlord and Tenant agree that each of the terms, conditions, and obligations of this Lease shall extend to and bind, or inure to the benefit of (as the case may require), the respective parties hereto, and each and every one of their respective heirs, executors, administrators, representatives, successors and assigns. 27. ATTORNEYS'FEES In the event that any legal action is instituted by either of the parties hereto to enforce or construe any of the terms, conditions or covenants of this Lease, or the validity thereof, the party prevailing in any such action shall be entitled to recover from the other party all court costs and a reasonable attorneys' fee to be set by the court, and the costs and fees incurred in enforcing any judgment entered therein. 28. PARTIAL INVALIDITY If any term or provision of this Lease or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Lease or the application of such term or provision to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Lease shall be valid and be enforceable to the fullest extent permitted by law. 15 0000 a 29. COMPLETE AGREEMENT This Lease, and the attachments and exhibits hereto, constitute the entire agreement between the parties and may not be altered, amended, modified or extended except by an instrument in writing signed by the parties hereto. The parties respectively acknowledge and agree that neither has made any representations or warranties to the other not expressly set forth herein. IN WITNESS WHEREOF,the parties hereto have executed this Lease on the date set forth opposite their respective names. Date: By: Ten t: T Li ejohn Attest: LANDLORD, CITY OF ATASCADERO By: LEE PRICE GEORGE P. HIGHLAND, City Clerk Mayor Approved as to form: ARTHER R. MONTANDON, City Attorney Revised 07/95 16 OM100 EXHIBIT A DESCRIPTION OF LEASED PREMISES: The following portions of the Youth Recreation Centerlhistoric Printery Building of the City of Atascadero: GYMNASIUM, DINING ROOM, KITCHEN AND TWO SECOND FLOOR MEETING ROOMS AS INDICATED ON THE ATTACHED MAP. Tenant will occupy the above-described space every Sunday, 9:00 A.M. to 11:30 A.M., 7:00 P.M. to 8:00 P.M.,and two mutually-agreed-upon Church Band practice times per month. ADDRESS: 6351 Olmeda Avenue Atascadero, California 93422 17 (;l01l. EXHIBIT "C" 1. RENT ADJUSTMENTS: Adjustments to rent will be reviewed on an annual basis. Any adjustments to rent will be made on JANUARY of each year. Christ Church staff shall submit to the Director of Community Services, prior to each December 1st, information regarding . Minimum monthly rent for the term of this Lease Agreement shall be $500.00. 2. LATE CHARGE: Ten percent (10%) of annual rent (see Section 4.1.3). 3. PROPORTIONATE SHARES: A. Building Expense/Real Property Taxes: Not applicable. B. Insurance: Not applicable. C. Utilities/Services. 19 000103- EXHIBIT "D" BUILDING RULES AND REGULATIONS The leased premises and the building shall be used and occupied by Tenant and its agents and invitees in accordance with the following rules and regulations, as they may be amended from time to time by Landlord: 1. Tenant and its agents and invitees shall not obstruct the sidewalks, common halls,l passageways, driveways, entrances and exits of the building; such facilities shall be used only for ingress to and egress from the leased premises. 2. All trash and refuse shall be stored in adequate containers and regularly removed from the premises. No trash or refuse of any kind shall be burned in for about the leased premises. 3. Tenant shall not alter any lock or install any new or additional lock or bolt on any door of the premises without Landlord's approval, and shall furnish Landlord with a duplicate key for any such lock installed with Landlord's approval. 4. Tenant shall not mark, drive nails or screws, or drill into the partitions, woodwork or plaster or in any way deface the premises. 5. All moving of furniture, freight or equipment of any kind shall be done at the times and in the manner prescribed by Landlord and through entrances prescribed for such purposes by Landlord. 6. Upon request of Landlord, Tenant shall furnish to Landlord a current list of the names, vehicle descriptions and vehicle license numbers of each of.Tenant's agents who utilize the parking facilities -of the building. 7. Landlord shall direct electricians as to the location and method of installation of telephone wires and no boring or cutting for wires shall be done without Landlord's consent. The location of telephones and other office equipment affixed to the premises shall be subject to Landlord's approval, which approval shall not be unreasonably withheld. 20 8. Tenant, upon termination of its tenancy, shall deliver to Landlord all keys to office space that were furnished to Tenant or that Tenant has had made. Tenant shall pay Landlord the cost of replacing any lost keys and, as the option of the Landlord, the costs of changing locks necessitated by the loss or theft of keys furnished to Tenant. 9. Tenant shall not affix or attach linoleum, tile, carpet or other floor coverings to the floor of the premises without Landlord's approval. 10. Landlord reserves the right to close and keep locked all entrance and exit doors of the building at night and on Saturdays, Sundays and legal holidays for the adequate protection of the building and the property of its tenants, but shall make adequate provision for access to the building by Tenant at all such times. If Tenant uses the premises when the building is closed and locked, Tenant shall assure that the doors of the premises and the entry doors are closed and securely locked before leaving the building. Tenant shall assure that all water faucets or water apparatus and all electricity have been shut off before Tenant or its agents or invitees leave the building so as to prevent waste or damage. 11. Landlord shall use its best efforts to enforce the Building Rules and Regulations on a uniform basis as to all tenants in the building, but Landlord shall not be responsible to Tenant or to any persons for the nonobservance or violation of these rules and regulations by any other tenant or other person. Tenant shall be deemed to have read these rules and to have agreed to abide by them as a condition to its occupancy of the leased premises. C:\CNTRCTS\C HtIRCH.LPA 21 � r Cf) N n D U? ti CD C/) C �. x � z m m ' 1 o � x . s � z N z M o 0) 03 cn m O O y n N � ►� xo � 0 r m 13 co o V N n P J N O -i CD CA m B o > rn 0 m y C: r- � z -n y IM z p H z o . oar_ 0 m O 0 m m z o z S CT 3 —I G O N p Q> n W Ut a G) Z n I Cn (n Cn 7 � T T T y -3 m n ca A A) � m N _ m O T M N o � E QOUJLOVL--_ 00 n cr �. CIO 0 CD n r _ m w o o �.... O r 0 y O 0 o com D b ..v � o ch cho Z 0 P (� x CD m wm aj Oz N ttn to .: + .+ VESA w y� 0 0 _ - C/) tt ,,. 4- 0 w _Z y r� m . 4D 2 0 ri d � � n c o b vi a a n � - o n, co D < �n 000107 REPORT TO CITY COUNCIL CITY OF ATASCADERO �genda Item: C-3 Via: Andrew J. Takata, City anager Meeling Date: 8f22f95 From: Arther R. Montando City Attorney SUBJECT: Downtown parking lot - Advance of budgeted funds RECOMMENDATION: Adopt the proposed Resolution 83-95, authorizing the execution c f an agreement to advance downtown parking lot construction funds. BACKGROUND: The City has previously committed the use of $30,000.00 in fu ds to improve the downtown parking east of the Carlton Hotel. Approximately $12,000.00 has been expended, leaving a balance of $18,000.00. As you know, the Carlton Hotel is in the process of being renovateo. The developers have committed to finishing the planned parking and have reque ed an advance of the remaining money. Staff is recommending this money be advnced. The agreement is simple. The City will advance the remaini g money to the developer, Travis Development Corporation, who will construct t eir portion of the parking lot prior to occupancy. ARM:cw Attachments: Proposed Res. No. 83-95 Agreement I 000108 RESOLUTION NO. 83-95 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH TRAVIS DEVELOPMENT CORPORATION FOR ADVANCEMENT OF DOWNTOWN PARKING LOT CONSTRUCTION FUNDS The City Council of the City of Atascadero, California hereby resolves as follows: 1. The Mayor is hereby authorized to execute an agreement with Travis Development Corp. for the advancement of downtown parking lot construction funds. 2. The City Manager is hereby authorized to make minor corrections or modifications of a mathematical or clerical nature. 3. The Finance Director is hereby authorized to appropriate funds, if necessary; release and expend funds; and issue warrants to comply with the terms of this agreement. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Atascadero held on the day of , 1995. ATTEST: CITY OF ATASCADERO By: LEE RABOIN, City Clerk GEORGE P. HIGHLAND, Mayor 000108,/ AGREEMENT This agreement is entered into this date by and between the City of Atascadero, California, a municipal corporation ("City"), and Travis Development Corporation ("Travis"). WHEREAS, The City has committed funding for the design and construction of a public parking lot in the downtown area; WHEREAS, Travis has commenced the renovation of the Carlton Hotel, an integral part of the parking facility and needs of the Downtown Master Plan; and WHEREAS, There is a need to advance the remaining money allocated for the downtown parking area set forth in "Exhibit A" hereto; NOW, THEREFORE, The parties hereby agree to the following terms and conditions: 1 . The above recitals are true. 2. City shall advance the remaining funds allocated for the downtown parking facilities described in "Exhibit A". 3. Travis shall, prior to final occupancy of the Carlton Motel, construct or fund their portion of the parking lot. Dated: CITY OF ATASCADERO By: GEORGE P. HIGHLAND, Mayor By: 0 000108.2 nnv vwIvd VT y+ < A Nc ZZ cc 44 P-- cc LLI uj IV m �tt�,� x ? a Q ` to Y •` Q cc t -{ •`-°' C) 1 1 N. 2 ! f im�w 0 z CC CL AIM - lII , lV3t ONiwvo 'la ,d J 00.0:108_"3 REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: C-4 From: Arther R. Montandon, City Attorney Meeting Date: 8/22195 SUBJECT: tetter from Norma E. Scott requesting waiverof fee RECOMMENDATION: Review this memorandum and direct staff to respond to these let ers. BACKGROUND: Mayor George ;Highland received the attached letters from Ms. N rma E. Scott and Assemblyman Tom J. Bordonaro, Jr. Ms. Scott is requesting a waiver of building permit fees and school impact fees. It should be noted, the school district collects school impact fees, and the City has no authority to waive or modify this required fee. t have researched .the building permit fees, AB-1600 fees. . , etc., and can find no authority for a'waiver of such fees for any reason including the ha dships set forth in Ms. Scott's letter. If the City Council was to provide any relief, the only vehicle I car approve is a note, for these fees. This would put the receipt of City money at risk anc I not reimburse the City for staff work necessary for building approvals. Also, if done, this should only be done for exceptionally'unique cases. ARM:cw 000109 STATE CAPITOL P.O.BOX 942849 SACRAMENTO,CA 94249-OMi (916)445-7795 FAX:(916)324.5510 TQM J. BORDONAR4,JR. ASSEMBLYMAN,T14 RTY-THM DISTRICT RECL }} 1 is July 10,-1995 t t The Honorable George Highland, Mayor City Administration Building +6500 Palma Atascadero, CA 93422 Dear Mir.,,! ` Recently, a constituent of mine, Norma Scott of Atascadero, contacted my ofte regarding building issues in Atascadero. Please find her letter enclosed. Since this concerns your organization,,I would appreciate any assistance you can give me: Please send your input to my district office in Ban Luis Obispo. Thank you for your attention to this matter. Sincerely, 6;im J. Bordonaro,'Jr, TJB:r 0100109. 1 4n Recycled Paw Norma E. Scott 8800 Pueblo Atascadero, Ca. 93422 July 5, 1995 Assemblyman Tom Bordonaro Jr. 1060 Palm St. San Luis Obispo, Ca. 93401 543-3400 Dear Mr. Bordonaro: Enclosed you will find a letter which I have written to the members of the city of Atascadero. Mr. Bordonaro I did not tell them of another very important reason for my request. Needless to say it is very difficult to walk upstairs with such a small bit of lung capacity, but I have the added problem of deterioration of the spine (degenerative bone disease) another of the problems of old age. If I live long enough walking could become a very real problem. I desperately need to be on one level. My doctor insisted when I build this chemically free home to plan my house upstairs in order to hopefully be above the fumes of traffic. This backfired however, because the fumes go up and all the smoke from the neighbors . fireplaces are even with my kitchen windows. This is a terrible problem in the winter. Since the market is so depressed, I have not been able to sell my present property even though I have lowered the price $ 100,000.00 below appraised value. I have had it for sale for three years. My present property is unencumbered therefore, since I am running out of time I can borrow on it to build. My problem is that my income will only allow me to borrow enough to build if I do not have to pay these exorbitant school fees and build permit fees. Is there any way an exception could be made for me to waive the school fees? I really feel that my request is fair for I have paid more than my fair • share of school taxes all of my life and had only one child. 000109, Z, Y y. Can you help me? Please answer as soon as possible for time is of the essence. Sincerely, Nonna E. Scott 000109.E I k Nonna E. Scott 8800 Pueblo Atascadero, Ca. 93422 July 2, 1995 Mayor George Highland City Administration Building. 6500 Palma Atascadero, Ca. 93422 Dear Sir; This letter is a cry for help. I am asking you for special dispensation due to my disabilities. I built my first home in Atascadero in 1978. I have lived in this county and paid taxes on real estate since 1963. I have never had children in the schools. I have never had to use any city services. I feel, therefore, that I have been an asset to the city financially. . May I explain my disabilities; I have E.I. (Environmental Illness) and R.A.D. (Restricted Airway Disease) caused from the business I ownedin this city. I lose lung capacity all the time because of the area in which I live in. I am so close to the highway and El Camino Real that I get all the fumes from the traffic. When I first built here in 1983 the air quality was entirely different. I have to live closed in with air purifying filters in my furnace and A/C as well as room purifiers in my bedroom and living room. I am , therefor, closed away from natural air. I am on oxygen and medication in order to breathe. My Doctor is confident that we can extend my life and quality of life if I can move to a part of the city with cleaner air. I can only live in a chemically pure house. My present home is as much so as was possible at the time. However, there have been vast improvements and progress in the building of pure homes since then. Since I am a Great Grandmother, I do not have enough income to qualify me to borrow enough building money to pay such exorbitant building permit fees and still build a 000.109, , aw Chemically Free home that would enhance the neighborhood. Building this type of home is more expensive as I am sure you realize. I cannot come into the city building because of the carpeting which emits poison formaldehyde gases. I cannot go into grocery stores; I cannot visit friends in their home, I cannot travel ( ten percent lung capacity prevents this). I am deprived of fresh air in my own yard and home. How nice it would be to be.able to sit on my own deck and enjoy the sunset and cool breeze. This I could do if I can move. Wouldn't you hope that someone would make an exception for your Moller or Grandmother? I make this request only because of the Life and Death importance of It. May I hear from you by return mail or at your earliest convenience? Sincerely, Norma E. Scott 000109,'` REPORT TO CITY COUNCIL Agenda It m: C-5 CITY OF ATASCADERO Through: Andrew J. Takata Meeting D to 08122/95 City Manager File Numb r: ZC , 95004 From: Doug Davidson Senior Planner SUBJECT: Adoption of an ordinance amending the text of the Zoning Ordinance to allow "offices" in the downtown pedestrian retail overlay zone. RECOMMENDATION: Approval and adoption; of Ordinance No. 289 on second reading. 1 BACRGROWWANALYSIS: On August 8, 1995, the City Council conducted a public hearing on the above-referenced subject. The Council approved Ordinance No. 280onfirst reading. DD:ph Attachment: Ordinance No. 289 000110 ORDINANCE NO. 289 AN, ORDINANCE OF` THE CITY COUNCIL OF THE CITY OF ATASCADBRO- AMENDING THE OFFICIAL ZONING ORDINANCE TEXT TO DESIGNATE , "OFFICES" AS AN ALLOWABLE USE IN THE DOWNTOWN PEDESTRIAN RETAIL OVERLAY TONE (stone Change 9SO04) WHEREAS, the proposed zoning text amendment proposes standards that are consistent with the General Plan as required by Section 65860 of the California Government Code; and WHEREAS, the proposed amendment is ,in conformance with Section 65800 et seq of the California Government Cade concerning zoning regulations, and AREAS, the City Council has approved a request submitted by the Econcm<ic Round Table to initiate the subject text amendment; and WHEREAS, the proposed amendment' does not have a �potential to result in a significant adverse effect on the environment and the Negative Declaration prepared for the project is adequate; and WHEREAS, the Altascadero, Planning Commissionteld a public hearing on July 5, 1995 and has recommended that the proposed amendment be incorporated into the City Zoning Ordinance. NOW1 THEREFORE, the Council of the City of Atascadera does ordain as follows: Section. 1- QnacAl Fin Se. 1. The proposal is consistent with the General Plan, and compatible with the stated purpose of -the Zoning Ordinance. 2 The proposal will not result in any significant adverse environmental impacts.' Section 2 ©rdi mag T Zoning ordinance Section 9-3.502. is hereby amended by the addition of allowed land. use (h) "Offices" as shown in Exhibit ,A attached hereto and made a part hereof by reference. (Nate: In conjunction with this, Section 9-3.503 {e) is- hereby deleted, },` t Doul 1 Ordinance No. 289 Page 2 Section 3. Publication. The City Clerk shall cause this ordinance to be published once within fifteen ( 15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published and circulated in the City in accordance with Section 36933 of the Government Code; shall certify the adopting and posting of this ordinance and shall cause this ordinance and this certification together with proof of posting to be entered into the Book of Ordinances of the City. Section 4. Effective Date. This ordinance shall go into effect and be in full force and effect at 12: 01 a.m. on the 31st day after its passage. On motion by Councilperson and seconded by Councilperson , the foregoing ordinance is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: GEORGE P. HIGHLAND, Mayor ATTEST: LEE PRICE, City Clerk APPROVED AS TO CONTENT: ANDY TAKATA, City Manager 0001.12 STI V22/95 M ......:.,.. .: June 8, 1945 YIEM0%kNDUrYf KV N 4•1t`✓n.Y(MCY •+ S 1 'ivNt' .it'4'A: �S may_^hyq. i Y'ii. �e.+t e�'rdatxrae .a .x ce e.< "i..�j`•xt de r'£�Y ai. "Sfr...[ 'mn',�.�.t«iwti^�. J.'. .5.'w. .::aS�. ..w@k dc,` l,ka,.y<•>uK.v..• 'v`'wnavwiSl'l�'�st. .w�''o`...µ""...wv."'kww..�%?.'.^r...o w.a.''u..«.:k .....""`.''..'F««°:.hd:.. «am....... ..�,e,::"«.MFn+o. `•xowr::ueesc:.. TO: Mayor Bill Yates FROM: Mayor Allen. Settle SUBJECT: Qt?vT VIE TIi`G WITH f`ITY `. II I ~ ,Vr When we rec4ntiy net it was decided that if Ellie respective city councils agree, a joint meeting will be held in the latter part of September. �1 his meeting would be hosted by the Morro Bay City Council. The purpose of this meeting, aside fiom a ocial reacquaintance, would be to do the following: 1. Discuss SLO Comity policies regarding property tax and sales tax impacts on Cityanaexations. Suggested resource person: To Be Deter nined A- The aroper.y t-"% spiit betweea Cities and the Cbunry 2. Presentation on waste tna ac;e, nt systems and JP 4: Suggested resource person: To Be Determined ;. Iced;for joint plannina (agreements) between c Imes the Coca ri for areas surrounding cities (greenbelt, soon-urban space separa ions). Suggested resource person: To Be Dete mined 4. Cities participation in finding the SLO County VLtitors' and Conference Bureau Suggested resource person: To Be Dete fined Tine reason for a City"resource person" for each topic is so hat we would have one person who has the responsibility for preparation and we would all be opeVating off the sante set of facts and information. This is a tentative agenda and any comm ents or rurther input would be most appreciated. This will be the first time that all city councils in SLO lounry mew to determim a."Cities approach" to mutual issues. The evening of September 27 th is suggested as a good time for the of nt meeting. hanks, Bill. C. Mayors and City Managers in SLO'County PIKS:ss 000134