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HomeMy WebLinkAboutReso 1987-12968 RESOLUTION NO. 12968 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING LEASE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SENATE RULES COMMITTEE OF THE STATE OF CALIFORNIA FOR LEASING OF OFFICE SPACE TO SENATOR WADIE DEDDEH, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that that certain lease agreement between THE CITY OF CHULA VISTA, a municipal corporation, and SENATE RULES COMMITTEE OF THE STATE OF CALIFORNIA, for leasing of Suite C of the Legislative Office Building, which consists of approximately 1458 square feet, to Senator Wadie Deddeh, dated the sixth day of December, 1986, 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 E. R. Asmus, Assistant Thomas J. Harron, City City Manager Attorney 2750a ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this ]4th day of. 19 87 , by the following vote, to-wit: AYES: Councilmembers McCandliss, Cox, Moore, Nader, Malcolm NAYES: Councilmembers None ABSTAIN: Counci lmembers None ABSENT: Councilmembers None IVl~yo~/of the C~y of Chula Vista ATTEST ~' City C~er~ STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. ]2968 ,and that the some has not been amendedor repealed DATED City Clerk CrlY OF CHUIA VISTA CC-660 Wadie P. Deddeh Member of the Senate SENATE, CALIFORNIA LEGISLATURE LEASE THIS LEASE, made and entered into this 6th day of December 19. 86 by and between -- ' The City of Chula Vista, a California mumicipality hereinafter called Lessor, and the Senate Rules Committee, California Legislature, hereinafter called State. WITNESSETH: The parties hereto mutually agree as follows: 1. Lessor hereby leases unto State and State hereby hires from Lessor those certain prenfises situate in the City of Chn~ V~st~ County of~, State of California, and more particularly described as follows: Suite "C" 430 Davidson Street, Chula Vista, California, consisting of three rooms and approximately 1,458 square feet. 2. TO HAVE AND HOLD said leased premises, together with the appurtenances, rights, privileges, and easements thereunto belonging or appertaining unto State, for a term commencing on the bth day of D~e~mber , 19 86 , and ending on the 5th day of december , 19 90 , with such rights of termination as are hereinafter set forth, with rental payable by State in arrears as follows: One thousand seven hundred fifty four dollars and forty four cents(S1,754.44) per month payable on or before the last day of each month for the first twelve (12) full months of the term of the lease. This base rent shall be adjusted as specified in Paragraph 15. 3. State agrees to pay the aforesaid rental to Lessor at the address specified in paragraph 4, or to such other ad- dress as the Lessor may designate by a notice in writing, upon the submission by Lessor of invoices therefore at least 15 days prior to the due date, to the Senate Rules Committee c/oSenator Wadie P. Deddeh 430 Davidson Street, Suite "C" Chula Vista, California 92010 4. All notices herein provided to 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 Vistas CA 92010 Attn: Director of Finance and to State at the address indicated in paragraph 3. Nothing herein contained shall preclude the giving of any such written notice by personal serivce. 5. The State may terminate this lease by giving notice to the Lessor at least thirty (30) days prior to the date when such termination shall become effective. At the option of State, this lease shall terminate within thirty (30) days immediately following the death, resignation, or other removal from office of Wadie P. Deddeh as a Member of the Senate. 6. Lessor shall furnish to State, 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 sup- plies and 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 State's agent, invitees or employees. 8. Lessor reserves the right to enter and inspect the leased premises, at reasonable times, and to make any neces- sary repairs to the premises. 9. Lessor agrees that State, keeping and performing the covenants and agreements herein contained on the part of State 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 or any essential part thereof shall be destroyed by fire or other causalty, 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 State upon giving notice in writing to the Lessor within fifteen (15) days after such fire or causalty, and no rent shall accrue or be payable to the Lessor after such termination. In the event of any such destruction where the State remains in possession of said premises, the rental as herein provided shall be reduced by the same ratio as the floor space State is thus precluded from occupying bears to the total floor space of the leased premises. 11. Rental payable hereunder for any period of time less than that for which periodic rental is paid shall be deter- mined 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 State from liability for loss or damage covered by said insurance and waives subroga- tion rights of the insurer. 13. 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 appli~ cam 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 not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertis- ing; layoff or termination; rates of pay or other forms of compensation; and selection for training, including ap- prenticeship. The Lessor will permit access to his or her 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 California 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 judgement 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 deter- mined 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 thirty (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. 15. Beginning December 6, 1987, and each December 6th thereafter during the term of this lease, the monthly rent will be subject to an annual adjustment based upon any increase in the cost of init living during the past twelve months, but not to exceed eight percent (8%) per year. This adjustment will be based upon the ~ U.S. Department of Commerce Consumer (Ail Urban) Index for the San Diego Metropolitan Area. IN WITNESS WHEREOF, this lease has been executed by the parties hereto as of the date first above written. LESSOR: /~ ~ ~'X LESSEE: SENATE RULES COMMITTEE By / ,~a~9'F~ , ~ CALIFORNIA LEGISLATURE /, TitleMayOr' £ity Of Chula Vistas/ By ~~xecu~fficer