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HomeMy WebLinkAboutReso 1986-12440 RESOLUTION NO. 12440 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING LEASE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND ASSEMBLYMAN STEVE PEACE FOR LEASING OF OFFICE SPACE, 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 ASSEMBLYMAN STEVE PEACE, for Suite B of the Legislative Office Building, which consists of approximately 1450 square feet, dated the 15th day of April , 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 ~har-les R. Gill, Assistant City Manager City Attorney 1412a ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 151;h day of A~ril 19 86 , by the following vote, to-wit: AYES: Councilmen: Malcolm~ Moore, Scott, McCandliss NAYES: Councilmen: None ABSTAIN: Comcilmen: None ABSENT: Councilmen: Cox MAYOR PRO TEMPORE ATTES_;2T _ City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNE M. FULASZ, CIVIC, CITY CLERK of the City of Chdo Vista, Celifornia, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION N0. 12440 ,and that the some has not been emended or repeoled. )ATED ~ City Clerk CITY OF CHUI VISTA ]C-660- ~p'i' ~ ~R E E ME N T THIS LEASE, made and entered into this 15th day of April , 19 86 , by and between THE CITY OF CHULA VISTA, hereinafter called Lessor, and As~pmhlv Ri~lp~ £nmmittm~ hereinafter called Lessee. v WITNESSETH: 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 Califnrnia, and more particularly described as follows: Suite B, 430 Davidson Street, Chula Vista, California, consisting of 3 rooms and approximately 1450 square feet. 2. TO HAVE AND HOLD said leased premises, together with the appurtenances, r~hts, privileges and easements therunto belonging or appertaining unto Lessee for a t.am~ com- mencing on the 1st day of December , 19 85 , and ending on the 30th day of November -- , 19. 86 , with such rights of termination as are here~ter set forth, with rental payable by Lessee in arrears as follows: One thousand dollars ($1,000) 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. 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 orior to the due da',e, to: . Assembly Rules Committee 3016 State Capitol Sacramento, California 95814 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: City of Chula Vista, Lessor 276 Fourth Avenue Chula Vista, CA 92010 Attention, Director of Finance 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 lease by giving notice to the other party at least sixty (60) days prior to the date when such termination shall become effective. At the option of Lessor, this lease shall terminate within thirty (30) days immediately following the death, resignation, or other removal from office of Steve Peace as a member of the Assembly, California Legislature. 6. Lessor shall furnish to Lessee during the lease term, at Lessor's sole cost, the following services and utilities: a. Janitorial service, including but not limited to, regular cleaning of office areas and restrooms, toilet supplies 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 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 -',tained ou the part of Lessee to be kept and performed, shall at all times during the existence .tis lease peaceably and quietly, have, hold and enjoy the leased premises, without suit, trouble o, 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 fi~e 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 damb. ge, shall terminate at the option of npon giving notice in writing to the Lessor within fifteen (15) days after such fire or casualty, an 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 l~ossessi0n of:said premises, the rental as herein provided shall be reduced by the same ratio as the floor spa6e Lessee is thus precluded from occupying bears to the total floor space of the leased premises. 11. Rental ~avable hereunder c,,,. an" ,-e~:ed of tim'~ less thon that for which periodic ~ental 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 toe herein demised premises, Lessor releases Lessee from liability for loss or damage covered by. said insurance and waives subrogation rights of the insurer. 10, et seq., Labor Code) and in its per{ormance Lessor will not discriminate or applicant for employment because of race, color, religion, ancestx3,, sex *, age . medical condition*, or national origin. The Lessor will take to ensure ~licants are employed and that employees are treated during without regard to , color, religion, ancestry, sex*, age*, physical ar national Such action shall include, but not be limite.d to, the : Employment, grading, transfer; recruitment or recruitment advertising; or termination; ..,tes of pay or of compensation; and selection for training, ' apprenticeship. * See Labor Code Sections !1-1432.5 [or ~u,~ther details. Ini ti al The Lessor will permit access to his of em employment advertisements, appli- catiou foimas, and other pertinent data records fair Employment Practices Com- mission, and any other ag :e of the Department of General Services, for the section. The Lessee may of the fair provision to have occurred upon receipt iudgment having that effect fr6m a in an action to which Lessor was a receipt of a written notice from the Fair Practices Com- and determined that the Lessor has e Fair Employment Practices Act issued an order, under Labor Code Section 1426, become final, or obtained Code Section 1429. In the of willful violation of the foregoing provision in the performance and ¢ Les~, within thirty (30) days after receipt of a written notice thereof from Lessee ~ cure the Lessee shall have the right immediately to terminate this lease and ary expense incurred the Lessee in securing equivalent to the Paragraph 14 has been deleted in its entirety and replaced by the "Fair Employment Practices Addendum" which is attached hereto and becomes part of this lease. IN WITNESS WHEREOF, this lease has been executed by the parties hereto as of the date first above written. LESSOR: LESSEE: Assembly Rules Committee Califor~a Legislature Title. Mayor, City of Chula Vista Chie[AdministrativeO~:er FAIR EMPLOYMENT PRACTICES ADDENDUM This lease is subject to the provisions 0~ the California Fair F~ployment and Housing e~ seq., Government Code) and in i Ac~ (Section 12900, · ~1~ not discriminate against an- ~s ~erf0rmance the Lessor ~m~yment because of race _.~.~mp£oyee or applicant - Or~gln, ancestry, ~h,,s~_~'~re~~g~°us cree~, color n~°r~ ~ ~ ~ nan~cap, medical condi~ ' ~on, marital status, or sex. The Lessor will take affirmative action to ensure that applicants are ~,~loyed, and that employees are treated during employment; without regard to th6ir 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 employment, upgrading, demotion, or transfer; following: recruitment advertising; layoff . . recruitment ~r other forms of ..... ~ or termination, r=~ .... or including apprenticeship. ~.and selection for training,y The Lessor will perml~:~cces - · s to his or kef records of employment, employment advertisements, aPPlication forms, and other pertinent data and records'by the Fair Employment and !iusing~immissi°n ' and any other agency of the State of Call- r ' i~d. by the Joint Rules Committee. ~e g ~o ascertain comDlian~ .~-~ £~or the purpos=s ~ .... ,luu 5his paragraph. The State may determine a willful violation Fair Employment Practices provisions to have occurred of the receipt of a final judgment having that effect from a court in upon 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, unde become final i~7~ o~ ~he Government Code, which has the Government Code. --- ~n xnjunction under Section 12973 of 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, th~ S~ate 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.