LEASE RENEWAL AGREEMENT AND FEE WAIVER BETWEEN THE CITY OF HERMOSA BEACH AND THE COMMUNITY CENTER FOUNDATION FOR ROOM C IN THE COMMUNITY CENTER

 

Recommendation

Staff recommends that the Council approve the attached lease agreement and fee waiver between the City and the Community Center Foundation for the use of Room C in the Community Center.

Background

On June 13, 1995, Council approved a one-year lease agreement and fee waiver for one-half of Room C in the Community Center.

Established in 1984, concurrent with ribbon-cutting for the Hermosa Civic Theater, the Community Center Foundation has served as a fundraising and programming arm for the theater and rest of the Community Center.

Recognizing the direct relationship between the Foundation goals and the Community Center facility, the City has historically supported the non-profit organization through granting free use of Community Center facilities and by providing a liaison from the Commission.

Analysis

On October 15, 1995, Project Touch vacated Room C due to project consolidation with other agencies in the Community Center. Now that the room is no longer shared, the amount requested to be waived is for the whole office.

The lease space for Room C is 312 square feet. The current lease rate (beginning July 1, 2000) is $1.08 per square foot, making the monthly lease payment $336.96. The attached lease conforms to the present square footage rental policy with all other conditions of the former lease remaining the same.

 

Fiscal Impact: FY 2000-01 Subsidy - $4,044

 

HERMOSA BEACH COMMUNITY CENTER LEASE AGREEMENT

 

This Leasing Agreement is made and entered into on this, the 23rd day of May,

20 00 , by and between the City of Hermosa Beach, a Municipal Corporation (City) and Hermosa Beach Community Center Foundation (Lessee).

 

A. Recitals:

1. The City is the owner of a recreational/civic service facility generally referred to as the Hermosa Beach Community Center (referred to herein as the "facility").

2. The facility is subject to certain agreements and deed restrictions entered into on the 28th day of February 1978, between the City and the Hermosa Beach City School District and is further subject to certain provisions imposed by the Department of Housing and Urban Development as set forth in a document entitled Agreement for Sale and Purchase of Real Property and dated the 28th day of February 1978. These documents are on file in the office of the City Clerk of the City and are public documents and by reference are incorporated into this leasing agreement and are referred to herein as the HUD and SCHOOL DISTRICT AGREEMENTS.

3. The Lessee desires to use a portion of the facility on the terms and conditions set out herein.

NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS:

1. Term. The term of this lease shall be for a period of One (1) year commencing on the 1st day of July , 20 00 , and ending on the 30th day of June , 20 01 .

2. Description of Premises. The Lessee is leasing from the City that portion of the facility described as:

Room C - 312 sq. ft. in the Community Center

3. Rent. City agrees to waive fees:

July 1, 2000 through June 30, 2001: $336.96 per month ($1.08) sq. ft.

3A. Other Conditions. The following additional conditions are agreed to by the Lessee:

1. Lessee shall not mark, drill or deface any walls, ceilings, floors, wood or iron work without Lessor's written consent.

2. No signs or awning shall be erected or maintained upon or attached to the outside of the premises/building or placed in any windows.

3. All window treatments must receive prior approval of the Lessor.

4. All remodel work shall receive prior approval of the Lessor.

4. Use. The Lessee agrees to use the premises only for the following purpose or purposes: Office space for Community Center Foundation and for no other purpose without the express written consent of the City. Lessee also agrees the premises shall not be used in violation of the Department of Housing and Urban Development (HUD) or School District Agreements as those agreements are interpreted by either the City or the Hermosa Beach City School District or the Department of Housing and Urban Development

5. Condition of the Premises Upon Termination of the Lease. Lessee agrees to keep and maintain the premises in good condition and repair and to return to the City the premises upon termination of this lease in the same condition as when Lessee took possession of the premises excepting any repairs or alterations which were approved by the City, reasonable wear and tear excepted, and does promise to pay the City upon demand the reasonable sums to repair the premises in the event of a violation of this provision.

6. Construction. Lessee is prohibited from making any alterations performing any construction whatsoever on the premises without the expressed written approval of the City. Any such approval shall include provisions to protect the City from potential liens of labor and material persons.

7. Destruction, Partial Destruction or Necessity to Repair because of Conditions Caused by Other than Lessee. The City has no duty or obligation to reconstruct the premises in the event of destruction or partial destruction of the premises. The City at its option may reconstruct or repair the premises, whereupon this lease shall remain in full force and effect except that no rent will be owing to the City during said period of reconstruction of repair if such reconstruction or repair interferes with the tenancy created herein to the extent that the premises cannot be used for the purposes intended. In the event the City at its sole discretion determines not to reconstruct or repair the premises then either party at its option may cause this lease to be terminated and neither party shall have any liability each to each other.

8. Hold Harmless. Lessee shall hold harmless and indemnify the City, its officers, agents and employees from every claim or demand which may be made by reason of any injury and/or death to persons and/or injury to property caused by any direct or indirect act or any omission of the Lessee, its officers, agents and employees arising out of the Lessee's use of said premises. The Lessee, at its own cost, expense and risk shall defend any and all action, suits or other proceedings that may be brought or instituted against the City on any such claim or demand, and pay or satisfy any judgment that may be rendered against the Lessor on any such action, suit, or legal proceedings as a result hereof.

9. Rules, Regulations and Ordinances. The Lessee agrees to comply strictly with all applicable laws and any uniform Community Center rules and regulations adopted by the City Council.

10. Taxes and Charges. Lessee agrees to pay when due any and all taxes, assessments or charges levied by any governmental agency on or to the lease-hold premises.

11. Default. Should Lessee fail to pay any monies due pursuant to this lease within three days after written notice from the City or to perform any other obligation required pursuant to the terms of this lease within thirty days after notice from the City, City may immediately cause this lease to be terminated and thereafter take any action and pursue all remedies available under the laws then existent in the State of California.

12. Notice. Any notice required to be made or given pursuant to the provisions of this lease may be either personally served upon the party or deposited in the United States mail, postage prepaid.

Lessor:

CITY HALL

1315 VALLEY DRIVE

HERMOSA BEACH, CA. 90254

Lessee: HB COMMUNITY CENTER FOUNDATION

710 Pier Avenue

Hermosa Beach, CA 90254

Any notices so given pursuant to the provisions of this paragraph will be deemed served twenty-four hours after the deposit thereof in the United States mail.

13. Attorneys Fees. The parties agree that in the event any action is instituted concerning any of the provisions of this lease agreement, the prevailing party may in the discretion of the court be granted as an additional item of damages its attorneys fees.

14. Assignment and Subletting. Lessee may not sublease all or any portion of the premises without the written consent of the City, which consent may be granted or denied at the exclusive and total discretion of the City.

15. Successors. Subject to prior provisions, this lease is binding upon the heirs, assigns and successors of interest of the parties.

16. Termination. Notwithstanding any other provision of this lease both parties reserve the right to terminate the lease at any time and without cause upon giving 30 days written notice to other party.

In Witness Whereof, the parties have executed this Hermosa Beach Community Center Lease Agreement at Hermosa Beach on the day first herein above set forth.

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