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HomeMy WebLinkAboutReso 1990-15455 RESOLUTION NO. 15455 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND CONGRESSMAN JIM BATES FOR THE LEASING OF LEGISLATIVE OFFICE SPACE AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, a two year agreement for office space leased to Congressman Bates expired on January 2, 1989, and WHEREAS, a new lease agreement has been approved and executed by Congressman Bates which runs from January 3, 1989 through January 2, 1991. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation, and Congressman Jim Bates for the leasing of legislative office space dated the 16th day of January, 1990, a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by XX~I~ ! ~ II~ ~ ~ Lym~P"ChristO~her ' Ru~h .. Frits~" Director of Finance Assistant City Attorney Resol uti on No. 15455 Page 2 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 16th day of January, 1990 by the following vote: AYES: Councilmembers: McCandliss, Moore, Malcolm, Nader, Cox NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None GIr~Cox, Mayor ATTEST: Beverly ~X Authelet, City Clerk _ STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the Ci~ of Chula Vista, California, do here~ certify that the foregoing Resolution No. 15455 was duly passed, approved, and adopted by the Ci~ Council of the City of Chula Vista, California, at a regular meeting of said Ci~ Council held on the 16th d~ of Janua~, 1990. Executed this 16th day of Janua~, 1990. Beverly A/Authelet, City Clerk LEASE AGREEMENT THIS LEASE, made and entered into this 16th day of January , 19'9~ by and between the CITY OF CHULA VISTA, hereinafter called Lessor, and Congressman Jim Bates, hereinafter called Lessee. WITNESS~TH: The parties hereto mutually agree as follows: 1. Lessor hereby leases unto Lessee and Lessee hereby hires from Lessor those certain premises situated in the City of Chula Vista, County of San Diego, State of California, and more particularly described as follows: Suite A, 430 Davidson Street, Chula Vista, California, consisting of three rooms and approximately 750 square feet. 2. TO HAVE AND HOLD said leased premises, together with the appurtenances, rights, privileges and easements thereunto belonging or appertaining unto Lessee for a term commencing on the 3rd day of January, 1989, and ending on the 2nd day of January, lggl, with such ~ights of termination as are hereinafter set forth, with rental payable by Lessee in arrears as follows: Seven hundred eighty-six dollars and sixteen cents (~786.16) per month payable on or before the last day of each month for the first twelve {12) months of the term of the lease. The monthly rent shall be adjusted annually to reflect any increase in the cost of living during the preceding twelve months based upon the U. S. Department of Labor Consumer (All Urban) Index for the San Diego Metropolitan Area, but not to exceed six percent {6%) per year. 3. Lessee agrees to pay the aforesaid rental to Lessor at the address specified in Paragraph 4, or to such other address as the Lessor may designate by a notice in writing, upon the submission by Lessor of invoices therefor at least 15 days prior to the due date, to the: Congressman Jim Bates 1632 Longworth House Office Building Washington, D. C. 20515 4. All notices herein provided be given, or which may be given, by either party to the other, shall be deemed to have been fully given when made in writing and deposited in the United States mail certified and postage prepaid, and addressed as follows: To the Lessor at: 276 Fourth Avenue Chula Vista, California 92010 Attention: Director of Finance i.<i_t~--'L~' ,~/~ l ..'? . and to the Lessee at the address indicated in paragraph 3. Nothing herein contained shall preclude the giving of any such written notice by personal service. · 5. Except as otherwise provided by this paragraph, either party may terminate this I ease by giving notice to the other party at least sixty (60) days prior to the date ~hen such termination shall become effective. At the option of Lessee, this lease shall terminate within thirty (30) days immediately following the death, resignation, or other removal from office of Jim Bates as a Member of the Congress of the United States. 6. Lessor shall furnish to Lessee during the lease term, at Lessor's sole cost, the following services and utilities: a. Janitorial services, including but not limited to, regular cleaning of office areas and restrooms, toilet supplies ano waste disposal. b. All utilities except telephone. 7. During the lease term, Lessor shall maintain the leased premises' together with appurtenances, rights, privileges, and easements belonging or appertaining thereto, in good repair and tenantable condition, except in case of damage arising from the negligence of Lessee's agents, invitees or employees. 8. Lessor reserves the right to enter and inspect the leased premises, at reasonable times, and to make any necessary repairs to the premises. 9. Lessor agrees that Lessee, keeping and performing the covenants and agreements herein contained on the part of Lessee to be kept and performed, shall at all times during the existence of this lease peaceably and quietly, have, hold and enjoy the leased premises, without suit, trouble or hindrance from Lessor, or any person claiming under Lessor. 10. In the event the leased premises ~r any essential part thereof shall be destroyed by fire or other casualty, this lease, shall, in the case of total destruction of the leased premises, immediately terminate and, in case of partial destruction or damage, shall terminate at the option of the Lessee upon giving notice in writing to the Lessor within fifteen (15) days after such fire or casualty, and no rent shall accrue or be payable to the Lessor after such termination. In the event of any such destruction where the Lessee remains in possession of said premises, the rental as herein provided shall be reduced by the same ratio as the floor space Lessee is thus precluded from occupying bears to the total floor space of the leases premises. 11. Rental payable hereunder for any period of time less than that for which periodic rental is paid shall be determined by prorating the rental herein specified for the applicable period. 12. To the extent authorized by any fire and extended coverage insurance issued to Lessor on the herein demised premises, Lessor releases Lessee from liability for loss oF damage covered by said insurance and waives subrogation rights of the insurer. 13. This lease is subject to the provisions of the "Fair Employment Practices Addendum" which is attached hereto and becomes part of this lease. The Lessor will permit access to his records of employment, employment advertisements, and application forms, and other pertinent data and records by the State Fair Employment and Housing Commission, and any other agency of the State of California designated by the Department of General Services, for the purposes of investigation to ascertain compliance with this section. The Lessee may determine a willful violation of the fair employment practices provision to have occurred upon receipt of a final judgment having the effect from a court in an action to which Lessor was a party, or upon receipt of a written notice from the Fair Employment and Housing Commission that it has investigated and determined that the Lessor has violated the Fair Employment and Housing Act and has issued an order, under Sectior~ 12970 of the Government Code, which has become final, or obtained an injunction under Section 12973 of the Government Code. In the event of willful violation of the foregoing provision in the performance of this lease, and if Lessor, within thirty (30) days after receipt of a written notice thereof from Lessee, fails to cure such breach, the Lessee shall have the right immediately to terminate this lease and any necessary additional expense incurred by the Lessee in securing space equivalent to the leased premises, including the additional rental, if any, shall be borne by the Lessor. IN WITNESS WHEREOF, this lease has been executed by the parties hereto as of the date first above written. LESSOR: ' LESSEE: WPC 0572G -3- FAIR EMPLOYMENT PRACTICES ADDENDUM ~ This lease is subject to the provisions of the California Fair Employment and Housing Act (Section 12900, et seq., Government Code) and in.its performance the Lessor will not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, or sex. The Lessor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, or sex. This action shall include, but n6t be limited to, the following: employment, upgrading, demotion,- or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Lessor will permit access to his or ker records of employment, employment advertisements, application forms, and other pertinent data and records by the Fair Employment and Housing Commission, and any other agency of the State of Cali- fornia designated by the Joint Rules Committee, for the purposes of investigation to ascertain compliance with this paragraph. The State may determine a willful violation of the Fair Employment Practices provisions to have occurred upon receipt of a final judgment having that effect from a court in an action to which the Lessor was a party, or upon receipt of a written notice from the Fair Employment and Housing Commission that it has investigated and determined that the Lessor has violated the Fair Employment and Housing Act and has issued an order, under Section 12970 of the Government Code, which has become final or obtained an injunction under Section 12973 of the Government Code. In the event of willful violation of the foregoing provision in'the performance of this lease, and if the Lessor, within thir6y (30) days after receipt of a written notice thereof from the State, fails to cure the breach, the State shall have the right to terminate this lease and any necessary additional expense incurred by the State in securing space equivalent to the leased premises, including the additional rental, if any, shall be borne by the Lessor.