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Home My WebLink About02/21/1995, C-6 - EXTENSION OF ECOSLO LEASE LOCATED AT 60 PRADO ROAD City Of SanLUIS OBISPO MEETING DA'_ February 21, 1995 COUNCIL AGENDA REPORT FROM Bob Neumann, Fire Chief SUBJECT Extension of ECOSLO Lease located at 60 Prado Road CAO RECONEM NDATION Approve and authorize the Mayor to execute an extension of the lease with ECOSLO an additional six months to August 21, 1995 and direct staff to return to Council with a recommendation regarding the future use of the site. DISCUSSION For over 20 years, the City has leased to ECOSLO, for $1.00/year, a portion of the City's property located at 60 Prado Road. The Fire Department has used the remainder of the site as its Drill Grounds. Three years ago, the City Council allowed for a three-year extension of the original lease which is now set to terminate 3/1/95. At that time Council also gave ECOSLO direction to research relocating. Issues of site cleanliness, hazardous materials storage and contamination have been problematic over the term of the lease. Two new issues have developed since the Council last reviewed this lease. 1. The City is considering allowing People's Kitchen to relocate to the portion of the site used by the Fire Department now that'its training needs will be satisfied at the new Headquarters Fire Station location. Staff feels that the interaction of these two uses should be explored more thoroughly before an action is taken. Concerns center around traffic safety, pedestrian access, parking, compatibility of uses and site cleanliness. 2. ECOSLO has expanded its base of operation to include servicing additional communities. Staff feels that the original lease should be reviewed to ensure that the City is not supporting or subsidizing ECOSLO or others, beyond the original intent. The recent business expansion of ECOSLO has caused considerable strain to the existing facilities. ECOSLO is no longer able to keep various pieces of equipment within their designated area. Vehicles parking off- site have created traffic safety and made the area more unsightly. Over the next six months, staff will be able to more thoroughly investigate our concerns, meet with all the parties involved, and will be able to return to Council with a recommended course of action. In addition, the current lease has been amended four times, and a new lease, if Council directs that course, should be written. FISCAL IMPACT None (At this time) ATTACHMENT Lease Amendment FIFTH AMENDMENT TO LEASE AGREEMENT The Lease Agreement dated November 15, 1971, between the City of San Luis Obispo and the Environmental Center of San Luis Obispo, as amended by a First Amendment dated July 8, 1972, a Second Amendment dated January 15, 1973, a Third Amendment dated April 16, 1974, and a Fourth Amendment dated March 17, 1992, is hereby further amended as follows: 1. The term of the lease stated in Paragraph 1 is hereby amended as follows: "The term of this lease agreement shall be extended for a period of six months, commencing on March 1, 1995. In any event, this lease agreement shall terminate no later than August 21, 1995." All other terms, conditions and provisions of said lease remain in full force and effect. IN WPTNESS WHEREOF, the parties hereto have executed this Agreement by their proper officers duly authorized. DATED: CITY OF SAN LUIS OBISPO ATTEST: By: Mayor City Clerk APPROVED AS TO FORM: ENVIRONMENTAL CENTER OF SAN LUIS OBISPO or y By: ATrnahbIISfP.02 cEr+se dR391F ss AGENDA aimplA �'.Sorgev►sen DATA; B./Ueuw+a/� CEMENT PIX 1 Tltis Agreement, dated November 15, 1971 for the convenience of the parties hereto 2 Is between the City of San Luis Oblspo,'•Californla, a chartered mtiniclpal•corporatlon, 3 ~pierelnafter sometimes referred to as "City') and the Environmental Center ooff�n t.,,t;; �D 4 Obispo,.an association, (hereinafter sometimes referred to as"Center'); (Y �I FEB 17 1995 . 5 :_WITNESSETH: ctrr caunem 0am LUIS OBISPO,M WHEREAS, City and Center are both Interested In and committed to the protection 7 of the environment and the landscape.; and D WHERCAS, Center desires to operate for six months a trial program for reclaimlt and recycling glass, metal and other products as mutually agreed upon by die lI..parties, 10 which program could potentially be of lasting benefit to the environment, the Aandscape 11 and the City and its citizens, thereby serving a valuable public purpose; 12 NOW, THEREFORE, City and Center, for and in consideration bf the mutual 15 benefits, promises and agreements set forth herein, do agree as follows: 14 1. This Agreement shall be effective as of the date it is executed by both of the 1G ' parties.hereto, and shall terminate May 15, 1972. 10 .2.• City agrees to permit Center to•use up to 10,000 square feet of open space as 17 designated by the City Administrative Officer from time to'time at the City's fire tminlni 14 facility at the sewer plant on Prado Road In the City of San Luis Obispo. 19 3. Center agrees to use said open space only for the purposes of conducting a 20 program for the recycling of glass, metal and other products as mutually agreed upon by 21 the parties. 22 A. Center agrees to accept suitable materials for recycling from the public'at 23 month least 12 hours per week, pursuant to a schedule posted at the recycling site. 24 5. ,Center agrees to maintain said recycling site in a manner at all times 25 satisfactory to the ClEj Administrative Officer or his designated representatives. 28 fi. Center shall provide sufficient personnel and equipment to conduct its operati 27 without undue congestion or unsightliness. 20 7. Center shall at all time provide the City Administrative Officer with a currei 29 list of three or more persons representing the Center, at least one of whom can be 30 contacted by the Administrative Officer whenever he desires information concerning the 51 operation of die Center or seeks correction of conditions.at the recycling site. 32 .\ G. Center shall hold the City harmless from all claims and liability arising fror. A OnHcC • rror VT N.\L .m•OavN• • \NNIS•„OI ' I 1 • ATrACR-OM R2 1 the operation of the recycling site or any outer conduct or site 2 condition connected with dile recycling Program.gra Center simil obtain and keep current a liability insurance policy 3 with Property damage coverage of not less than;50,000:00 for each person on acc 4 of any one occurrence, and with peinjury in a ry coverage ount of not less than ;100,000.00 for each person Ald ;300,000,00 total for each occurrence. .ThE City s1w11,be speclficall a :listed as a named iiisured In said policy', v ✓ 7 9• Center and all of Its a • D gents, representatives, and participants.in any manner In rile recycling prom shall be Independent contractors or volunteers for Center ant►spall 9 not for an •' y purpose be considered as employees or Agents of City. Center agrees to hold 10 the City harmless and defend the Ciry In any action • 11 of action or claim Is based upon that any n claim ' proceeding or hearing wherein the eau . 12 person participating In dile recycling 13 program Is an employee or agent of the City, 10. Center shah lint![ or cc' 14 ase all operations within seventy-two(72) hours at the recycling site whenever so requested by the City's Administrative Officer. Center may 15 appeal any such request by die Administrative 01f1cer to la the next regular meeting of tic City Council. 17 ll.- The Center shall provide the City�vlth monthly statements of gross revenue 1D 19 and expenses connected with the operation of tine recycling prom 12. The Center agrees to leave 20 the premises in a termination' candiUon satisfactory to Cityupoi ;o!tlhe recycling 21 Y g program,•normal wear and tear excepted. 22 13. If Center should fall to correct any condition at die recycling site within seven[) two (72) hours after being requested to do so by the City Administrative offfccr, tic City 23 shall have die right to correct the condition with Ci 24 and the Center shall be liable for all costs both City forces or contract labor; or both, 25 direct and indirect, connected with such correction. . 20 19• 27 The City Council may by motion terminate this Agreement at Its after a publlc'Inearing held upon ten (10) dasole dlscretlor. ys written notice to Center. Said termination 29 . 20 shall he effective fifteen (15) days after City malls notice of terminntioh to Center. 30 . 31 32 CC 01 TMC •Tion NCT WALL •YYICT 401 9 1.t• 71.10, bola Page 2 a w' AT1AbM 2 ORIGINAL . ..ASC 1 15. For purposes of notice under this Agreement, all notices shall be considered 2 effective upon being sent by registered mail to the following addresses: 3 City: City Clerk 4 City Hall 990 Pa1M Street 6 San Luis Obispo, CA 9390, 0 Center: Environmental Center Dox 1019 7 San Luis 0blspo, CA 93901 0 1N WITNESS WHEREOF, the parties hereto have executed this Agreement by thele 9 proper officers duly authorized, as of the date hk'st above written. 10 11 ATTEST: CITY OP SAN LUIS OD1SP0 { ( rt 12 13 By- 14 yor 16 ENVIRONMENTAL CENTER Of SAN LU 16 ODISPO 17 -cha n n 19 20 21 o-c�airntan 22 23 24 25 20 27 20 29 .30 31 32 errtct of Twt TY ATTORNEY tN•"AL, •..w•..IIT !.a EO: Page 3 034o, m 119T11L]MP 112 ORIGIp r SC FIRST AMENDMENT TO LEASE AGREEMENT `rI 1 The Lease Agreemen(dated November 15, 19711 bepvecn the Clty of San Luis 2 Obispo and the Cnvlronmental Center of San Luis Obispo, which lease permits the 3 Center to conduct recycling operations.upon Cl � clity-rnvned property, is hereby amended to extend said lease for an additional period of three months, . 6 The termination date-of said lease set out in ara 0 �IaVeMSc . �/ P graph 1 thereof!s amended to read,WS"t 1$1972. 7 All other terms, conditions, and provisions of said lease remain in full force 0 and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement by 10 their proper officers duly authorized, • 11 12 ATTEST: �� 13 iry rg`�- CITY OF SAN LUIS ODISpO 14 15 Date: 10 Dy: yo-r 17 10 Date: . ` �1,/�/�4ENVIRONMENTAL CENTER OF 19 SAN LUIS ODISP.O 20 21 22 ��iarrman 23 24 25 0' an a 20 27 20 29 30 31 32 O/IIC[0I TM( '1TT Anon"CY sl/T"ALI •.0..01. • •Y•lYl/OIIIIO, .11/OIYIA.6a �� I��saoa 1wrwH-Ml 02 r• T. EItM ORite: . ~ ;.ry 15,'1973 San Luis Obispo, California 1 SECOND AMENDMENT TO LEASE AGREEMENT 2 The Lease Agreement dated November 15, 1971, between rite City of San Luis 3 Obispo and the Environmental Center of San Luis Obispo, a's amended by a First 4 Amendment thereto dated July 8, 1972, is hereby further amended as follows: 6 1. The terminatlon date of said lease set forth In Paragrapli I thereof is 0 hereby amended to read: "December 31, 1973." 7 2. Paragraph 3 of said lease is hereby amended to'read In full as follows: 0 "3. Center agrees*to use said open space only for the purposes of 9conducting a program for the recycling of-glass, metal, newspaper, 10 and outer products as muttially agreed upon by the parties," 11 All other terms, conditions and provisions of said lease remain.ln full force 12 and effect. 13 IN WITNESS WHEREOF, the parties hereto have executed this Agreement by 14 their proper officers duly authorized. 16 10 17 ATTEST: CITY OF SAN LUIS 06ISPO �'ity, 1 rk l0 19 . . 20 By: 21 ayor • ' 22 ENVIRONMENTAL CENTER OF 23 SAN LUIS OBISPO 24 26 20L to man 27 28 29 >a x-man- 4 nn . N r, t�rnaiM�"f 92 MGM +se rr k 1THIRD AMENDI.10T TO LEASt 'ACREEMENT 2� The Lease Agreement dated November 15, 1971, between the City 31 of San Luis Obispo and the Environmental- -Center of San Luis Obispo, 41 as amended by a First Amendment dated July n', 1972, and a Second 5h Amendment dated January 15, 1973, is hereby further amended as G follows: 1. The lease termination date in Paragraph 1 of said lease B will hereafter be determined in accordance with the following provisions: 10` "The term -of this lease agrecment .shall be *on a 111 month-to-month basis. The agreement shall be auto- . � 1211 matically extended on the first day of.each calendar 13 month for an additional one month period unless either 14 party has perviously given to the other party written 15 notice of termination.,, 16 All other terms, conditions and provisions of said lease 17 remain in full force and effect. 18`EI IN WITNESS Mil- EOF the parties hereto have executed this 19y Agreement by their proper officers duly authorized. 20 21 DATED: CITY OF SAN LUIS OBISPO 22a 23 ATTEST: B . 24 ayor Z - C1�r:0g; r 2GG � � err• 27 ENVIROMMNTAL CENTER Or SAN LUIS 28 OBISPO 29 30 By: a7fi r1d�r- - ✓ � � 31 32 0"",C,fwr � By• i ar, �n oar cr I fps•.a. all 6U.,0... i L. Yb Obra, :.ur , .6 6 4 . nof. a.f•� u FOURTH AMENDMENT TO LEASE The 'Lease Agreement dated November 15, 1971, between the city of San Luis Obispo and the Environmental Center of San Luis Obispo, as amended by a First Amendment dated July 8, 1972, a Second Amendment dated January 15, 1973, and a Third Amendment dated April lfi, 1974, is hereby further amended as follows: 1. The term of the lease stated in Paragraph 1 of said lease will hereafter be determined in accordance with the following provisions: "The term of this lease agreement shall be for one year, commencing on March 1, 1992 . The one-year tenancy may be extended for an additional year on March 1, 1993, and March 1, 1994, with prior authorization from the City Council unless the lease is otherwise terminated pursuant to Paragraph 14 . In any event, this lease agreement shall terminate no later than March 1, 1995." 2. The description of the leased premises in paragraph 2 of said lease will hereafter be determined in accordance with the following provisions: "City agrees to permit Center to use up to 23, 450 square feet of open space at the City's fire training. facility at the sewer plant on Prado Road in the City of San Luis Obispo. The 1 boundaries of said area is set forth in the attached Exhibit A, as the Expanded Area. " 3 . The insurance requirements .stated in Paragraph 8 of said lease will hereafter be determined in accordance with the following provisions: "Center shall defend and hold the City, its officers, agents, and employees, harmless from all claims and liability arising from the operation of the recycling site or any other conduct or site condition connected with the recycling program. Center shall obtain and keep current a liability insurance policy with property damage coverage of not less than $100, 000.00 for each person on account of any one occurrence, and with personal injury coverage of not less than $1, 000, 000. 00 for each person and $1,000, 000. 00 for each occurrence. The City shall be. specifically listed as a named additional insured in said policy. " All other terms, conditions and provisions of said lease, as amended, shall remain in full force and effect. 2 IN WITNESS WHEREOF, the parties t hereto have executed this Fourth Amendment by their proper officials duly authorized. Dated: This � day of , 1992 . CITY OF SAN LUIS OBISPO Bv: Mayor Ron Dunin ATT ST: I Cit Clerk ENVIRONMENTAL CENTER OF SAN LUIS O ISPO By: 3