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8N Consent 2012 0521
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8N Consent 2012 0521
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Last modified
5/30/2012 11:48:30 AM
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5/15/2012 3:33:08 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
5/21/2012
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_CC Agenda 2012 0521 CS+RG
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Path:
\City Clerk\City Council\Agenda Packets\2012\Packet 2012 0521
Reso 2012-049
(Reference)
Path:
\City Clerk\City Council\Resolutions\2012
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LEASE AGREEMENT <br />This Lease Agreement (this "Agreement ") is entered into effect as of <br />2012 ( "Effective Date ") by and between the City of San Leandro, a municipal corporation (the <br />"City ") and Family Services Counseling and Community Resource Center, a nonprofit <br />corporation (the "Lessee "). The City and the Lessee are hereinafter collectively referred to as <br />the "Parties." <br />RECITALS <br />A. The City is the owner of the real property located at 2208 San Leandro Boulevard <br />that is improved with a one -story building and part of a larger parcel known as 401 Marina <br />Boulevard (the "Property "). The one -story building located on the Property, together with all the <br />improvements located thereon (the "Improvements ") and the adjacent parking lot are <br />hereinafter referred to as the "Premises ", as more particularly described in Exhibit A attached <br />hereto and incorporated herein by this reference. <br />B. The Lessee is a nonprofit corporation, the aims and objectives of which are, inter <br />alia, to assist in the strengthening of family life in the community through professional <br />affordable counseling. The purposes and work of the Lessee are of great interest and benefit to, <br />and will promote the general welfare of the people of the City, and the aid of the City in <br />providing a site for the Lessee should be extended therefore. <br />E. The City and the Lessee previously entered into a lease agreement for the <br />Premises from September 1, 1997 through August 31, 2012, which gave the Lessee an option to <br />lease the Premises for an additional fifteen (15) years if the Lessee notified the City of its intent <br />to exercise this option no less than (1) year prior to expiration. The Lessee notified the City of <br />its intent (10) months prior. <br />F. The City desires to lease the Premises once again to the Lessee, and the Lessee <br />desires to lease from the City the Premises contingent upon the covenants contained in Exhibit B <br />and herein. <br />NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of <br />which are hereby acknowledged, the Parties agree as follows: <br />1. RECITALS The Parties hereby acknowledge the truth of the Recitals set forth <br />above, and such Recitals are hereby incorporated into this Agreement. <br />2. CONTINGENCY This Agreement shall only become effective on the above <br />mentioned Effective Date upon the completion of the maintenance items listed in Exhibit B and <br />written approval by the City that such items have been sufficiently completed. <br />3. LEASEHOLD The City leases to the Lessee, and the Lessee agrees to lease from <br />the City the Premises. The City leases the Premises in "as -is" condition existing on the Effective <br />Date, and the Lessee acknowledges that, except as otherwise expressly set forth in this <br />Agreement, the City makes no representations or warranties to the Lessee with regard to the <br />condition of the Premises or the fitness or suitability thereof for the Lessee's purposes. <br />
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