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HomeMy WebLinkAboutReso 1985-11906 RESOLUTION NO. 11906 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND CONGRESSMAN DUNCAN HUNTER FOR THE 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 agreement between THE CITY OF CHULA VISTA, a municipal corporation, and CONGRESSMAN DUNCAN HUNTER, for the leasing of office space (Suite D) in the Legislative Office Building, commencing January 1, 1984 and ending December 31, 1985 dated the 15th day of January ,1985, 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 Chula Vista be, and he execute said agreement Vista. RESOLVED that the Mayor of the City of is hereby authorized and directed to for and on behalf of the City of Chula Presented by Approved as to form by ~~~, E. R. Asmus, Assistant City Manager City ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 15th 19 85 ,by the following vote, to-wit: Cox, McCand1iss, Scott, Moore day of January - AYES: Councilmen NAYES: Councilmen ABSTAIN: Councilmen ABSENT: Councilmen None None Malcolm i~~Î' R ~ MayoÞof ~e City of Chula Vista ATTEST~ ~~ t/ City Clerk 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 RESOLUTION NO. 11906 above and foregoing is a full, true and correct copy of ,and that the same has not been amended or repealed. DATED (sea ) City Clerk CC-6E;?0 ---- !o5.ð.~5. ð.'§'E.5.5.~5.!!.1 THIS LEASE, made and entered into this ~ day of the CITY OF CHULA VISTA, hereinafter called Lessor, and hereinafter called Lessee. ,ì;¡;l1Iarv , l~, by and betw, Conaressman Duncan Hunter !i.ll!!.U.'~II!:!...:.. The parties hereto mutually agree as follows: ;\ " > 1. Lessor hereby leases unto Lessee and Lesse~ hereby hires from Lessor those certain premises situated in the City of Chula Vista, County of San Diego, State of California, an more particularly described as follows: Suite 0,430 Davidson Street, Chula Vista, California, consisting of two rooms and approximately 240 ~quare feet. 2. TO HAVE AND HOLD said leased p,-emises, together with the appurtenances, rights, privileges and easements th(reunto belonging or appertaining unto Lessee for a term commen on the ~ day of January _, 1932-, and ending of the 31st day of --ºª-=jJ~__" 1985 , with such rights of termination as are hereinafter set forth~ with rental payable Lessee in arrears as follows: One hundred seventy five dollars and no c.ents ($175.00) PE"" m(I!'"";.h pÐYab·lr~ on or Defore the last day 0/ each month. 3." It is further understood and-- agreed that Lessor hereby"grants Lessee the option to extend this lease agreement after expiration of the initial term on December 31, 1985 for an additional twelve (12) months from January 1 , 19~ until _December _-RJ 19 at a monthly rental of $185.00. 4. Lessee agrees to pay the afore$aid rental to Lessor at the address specified in Paragraph 5, 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, Congressman Duncan Hunter . " 117 Cannon Office Building Washington, D. C. 20515 5. 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 4. Nothing herein contained shal preclude the giving of any such written notice by personal serviceo 6. 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 optio~ of Lessor, this lease shall termir within thirty (30) days immediately following the death, resignation, or other removal frc office of Duncan Hunter as a member of the Congress of the United States. 7. Lessor shall furnish to Lessee during the lease term, at Lessor's sole cost, the fc lowing services 'and utilities: a. Janitorial services, including but not limited to, regular cleaning of office areas and restrooms, toilet supplies and waste disposal. b. All utilities except telephone. 8. 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 negligenc, of Lessee's agents, invitees or employees. 9. Lessor reserves the right to enter and inspect the leased premises, at reasonable times, and to make any recessaryrepairs to the premises. ~_ \\'\tÞ" ~~ .'c _, ,.c , . ;"- ~~. ';.'. o 0 ... 10.. Lessor agrees that Lesse~, keeping and perfonning the l"venants' aÌ1d agreements herehl" eontained on the part of Lessee to be kept and perfonned. shall at all times durin~ 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 claimin~ under Lessor. 11 o. In the event the leased premises or any essential part thereof shall be destroyed by fire or other casual tv, this lease, shall, in the case of total destruction of the leased premises, immediately tenninate and. in case of partial destruction or dama~e, shall tenninate at the option of Lessee upon ~ivin~ notice in writinp; to the Lessor within fifteen (15) days after such fire or casualty, and no rent shall accrue or be payable to the Lessor ,after ~uch tennination. In the event of any such destmction where the Lessee remains in possession of said premises, the rental as herein provided shall he reduced by the same ratio as the floor space Lessee is thus precluded from occnpying bears to the total floor space of the leased premises. 12. Rental payahle hereunder for anv period of time less thari that for which. periodic rental i~' paid shall be determined by prorating the rental herein specified for the applìcable period. 13., To the extent authorized by any fire and extended coverage:Ïnsurance issued to Lessor on the herein demised· premises, Lessor releases Lessee from liability for. loss or damage 'covered by said il1suranc~ and waives subrogation rights of the insurer. 1~.. This lease is subject to the provisions of the California Fair Employment Practices Act (Sec- tion 1410, et seq., Labor Code) and in its perfonnance Lessor \viH not di.sç.rimiuate f gainst any employee or applicant for employment because of race, ,color, religion, anc:estry, sex 0-. &ge 0-, phys- ical handicapo-, medical conditiono, or national origin. The Lessor will take aHìrrnative action to ensure that applicants are employed and that employees are treated during employment, without regard to their race, color;religion, ancestry, sexG-, age\ physical handicapo, medical condition°, or national origin. Such action shall.include, but not be limited to, the following:: Employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection' for training:, including apprenticeship. _. . See Labor Code Sections 1411-1432.5 for fufther details. . I The Lessor will permit ac..'Cess to his records~'~f employment, employment advertisements, appli- cation forms, and other pertinent data and records by the State Fair Employment Practices Com- mission, 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 determjne a willful violation of the fair employment practices provision to have occurred upon receipt of a final judgment having that effect from a court in an action to which Lessor was a party, or upon receipt of a written notice from the Fair Employment Practices Com- mission that it has investigated and determined that the Lessor has violated the Fair Employment Practices Act aud has issued an order, under Labor Code Section 1426, which has become final, or obtained an injunction under Labor Code Section 1429. 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 heen executed by the parties hereto as of the date first above written. LESSOR: LESSEE: By ~/c~ Mayor of the City of Chula Vista . .,' ..~.\\~ ....... . .~ .'--"~."""._~.;.. "_..'''-'''''''''''-''''''-'.~."^--,-.",,,.... .-........-'" By ~ Titl,. ~,-~...,.;.._...;...",.__., .,....;;:;....:...::.,~-, ..;....;.,~...::.._..';..¥:!. t_ " "\ TI.i. aUQ'chmen.a mu.t b. pør' 01 an.y le.ue lor". .uòJn.Ícted Co che Conu";ccee-oft HOU4e Adminiscratiora/or þayment of lea.elI dÙlrÎd office .pace DISTRICT OFFICE LEASE AlTACHMENT L 'rb!s District Oflice Lease Attachment ,hall be attached to, made a part or. and incorporated in each lease agreement for district uffice Slmce submitted to the Committee on Bouse Administration for payment.. 2. ::\either tb~ Douse of Representatives Dor its OfDcers assumes any Uabillty tor the performaaœ of the lease agreement to whidl tbis instrul11eut Is attached. Payments made b,. the Clerk ot the House ot Representatives of amounts due the Lessor by the lessee under tbe terms of the lease agreement are made solel1 on behalf at. the Member of Congress tn his otficlal and repre- ¡.¡eut:ltiou:¡l capnc1t)". Such Member assumes all Uabillt}r for performance of the lease to which this Instrument is a.ttached. and the Lt.~wr n~rees to look solely to the lessee, in his official and representational capadt:rfqr performanC6 of the lease agreement. > . 3. The term of the lease agreement to w'hich this instrument Is attached may not exceed two years and shall in. no case exuDid bc-yond the constitutional term ot the Congress to which the Member is elected. 4. TIn> total dollnr amount spec:Uied In the lease agreement to which this instrument 1~ -attached, whi~ dol1a.r amount is payable muuthly OT'er the term of the lease agreement, shaU not be varied by any factor cost of l1vlnl clause, elevator clause, escnlator clau.o;C", any other adjustment or measure thereof, or any- additional or subsequent agreement. 5. Two copies or the lease agreement to which this instrument is attached and two copies of any termination Dotice given under the tl'nllS of the lease agreement, shall be sent to the Committee on Bouse Administration, U.S. Capitol, Washington, D.C. 20515. G. The Clt'1"k or tile House of Representatives will paÿ to the Lessor at the end of each month during which this lease is in E"1!ect the rent dne computed in accordance with the lease to which this instrument is attached. Any payment made to the Lessor by the Clerk of the House of Representatives tor any peI10d after this lease has been terminated shall be- refunded by the Lessor to the Clerk of the House of Representatives without formal demand. i. In the event of the death, resignation, or removal .from office of the lessee. this lease agreement may be terminated by the Clerk or the Honse ot Representatives by giving thirty (30) days' notice in writing to the Les.so.r. The date on which sueh thirty ':l¡-s sbnll commence shall be the date such noti~e is delivered to the Lessor, unless such notice is mailed.. 8. The- lease to which this instrument is attached shall contain therein a provision indicating the total square footage tor ""hleh pnyn1(~nt is being made. Square footage shall be computed nstollows: In those Instances 'Where the space 1n.volved consists of-a room accessible from a public corridor. the occupla·b1e area is Cnlll "lntN} b¡- measuring from the inside finish of the exterior wall (or tace ot tbe convector if the convector occupies at I('n~t {iO l~rœnt of the length ot the e::rterior wall) to the tenant's side ot the corridor wan and to the tenant's side ot the p:trtitinns ~epar:lting the space in question trom the ~iher.tenants. Oceuplable area would include- private tollets locatPd within the area to be lensed, as well as private corridors which exist BoleI:r for the convenience of the tennnt. 9. Any portion ot the lease agreement to wblch this Instrument is attached or any subsequent or additional agreements which :Ire inconsis:tent with paragraphs one (1) through eight (8) ot this instrument shaU be ot no force nnd effect to the extent of such InconJllli~tency. IN WITNESS WHEREOF, the parties 16th day of Januarv hereto have , 19-ª2..., hereunto subscribed their names as of the LESSOR~ Ir~ . City of Chula Vista . _ __ '---~-------------------~----~------------------------------------------------------------------------------------------ Reviewed and approved as to form by the Committee on House Administration S~ed ___________________ ------------------------------ Date ______ ---------------------- C\~ ,~.\ - ~. - ""-....a...,-........,.,__. _..________---..____...~ ..,......... ....-~.......___..cat." ,'.--_..,..............._.~._~._. .-----.. ...,.......... '.---'. .-""-"---,......... ->- -.__.- ._.~ - _... .