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Home My WebLink AboutReso 1985-11916 RESOLUTION NO. 11916 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND CONGRESSMAN JAMES BATES 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 CHUIA VISTA, a municifal corporation, and CONGRESSMAN JAMES BAT~S, fo: t~e leasing 0 ?ffice space for Suite A of the Legislative Offlce BU11dlng at 430 Davldson Street, Chula Vista, California dated the 29th 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 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. ~- E. . smus, Assistant City Attorney - Approved as to form by ~~~ Thomas J. Harron, City Attorney Presented by ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF 29th January CHULA VISTA, CALIFORNIA, this day of 19 85 , by the following vote, to_it: McCandliss, Scott, Moore, Cox, Malcolm '- AYES: Councilmen NAYES: Councilmen ABSTAIN: Councilmen ABSENT: Councilmen None None None /; ATTEST p~, ~~fur t/ City ler ('j ^, Mayor ~ tti City of Chula Vista ,2. ~ 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above and foregoing is a full, true and correct copy of RESOLUTION NO. 11916 ,and that the same has not been amended or repealed. DATED (seal) City Clerk CC-660 .: LEA SEA G R E E MEN T ----- --------- THIS LfASE. made and entered into this 29th day of January' . 19~. by and betw~~ CITY OF CHULA VISTA, hereinafter called Lessor, and _ ___~Congressman Jim Bates -_ --__________________ -- --""----- - --------------- ---- ------ ~ . hereinafter called Lessee. w r T N E SSE T H: ---------- 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 DieRo. 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 appurtances, rights, privileges and easements thereunto belonging OT appertaining unto Lessee for a term commencing on the 3rd day of January. 1985. and ending on the 2nd day of January. 1987, with such rights of termination-as are hereinafter set forth, with rental payable by Lessee in arrears as follows: Six hundred sixty seven dolla'ts ($ 667.00) per month payable on C'r before the last day of each month fOT the fiTst 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 Commerce 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,Tental 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 ot invoices the~efQr at least lS days prior to the due date. to the: Congressman ~ Bates 1632 Longworth House Office Building Washington, D.C. 20515 4. All notices herein provided by given. or which may he 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 and to the Lessee at the address indicated in Paragraph 1. Nothing herein contained shall preclude the giving of any such written notice by personal service. 5. E~cept 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 Lessee, this lease shall terminate within thirty (30) d~t.s immediately following the ~eath, resignation, or othe.r removal from office of..Ja~ 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~ th~ following se~vices 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. 7. During the lease term, Lessor shall maintain the leased premises together with appurtenances, rights. privileges> and easements belonging or appertaining thereto, in goad 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. J2. _If '1/c;, --- cr:: (.:. r~ 9. Lessor .\',.!;rees th..\l Lessce. keepin~ and perfunnmg the covenants and agreement.s herein t:ontaincd on the part of Lessee to he kept [l11d performed. ..hall at aU times during the existence of this lease peaceably and quietI)'. have, hold and enjoy the leased premises, without suit, trouhJe ()f hindran<.'c frol11 Lessor, or any person cJaiming under Lessor. 10. In the event the 1eased premises or any essential part thereof shall he destro"ed hy fire or other casuaJty, thb lease, shall. in the case of total destruction of the lea~cd premisc~, immediately terminate and, in case of partial destruction or dama~e, shall tenninale at the option of Lessee upon gidn~ notice in writing to the Lessor within fifteen (15) days after such fire or casualty, and no rent shal1 accrue or he payable to the Lessor after such termination. In the event of any slIch dcstrudion where the Lessee remains in l1os.~ession of said premises, the rental as herein provided .shall he reduced by the same ratio as the floor space Lessee is thus precluded from occnpyinp; hears to the total floor space of the leased premise.~. 11. Rental pa~'able hereunder for any period of time less than that for which periodic rental is paitl shall be determined h)' proratinp; the rental herein specinecl for the applicahle period. ]2. , To the extent authorized by any fire and extended coveraj!,e insurance issued to Lessor on tllC herein demised premises, Lessor releases Lessee from liability for loss or damage covered by said insurance and waives subrogation rip;hts of the insurer. ]3. This lease is subject to the provisions of the California Fair Employment Prac:tices Act (Sec- tion 1410, et seQ.., Labor Code) and in its performance Lessor will not discriminate against any employee or applicant for employment because of race, color, reHgion, ancestry_ sex. , age., phys- ical handicap 0, medical condition., or national origin. The Lessor win take affirmative action to ensure that app1icants are employed and that employees are treated during employment, without regard to their race, color, religion, ancestry, sex., age., physical handicap~, medical condition., or nation::d origin. Such action shaII include, but not be limited to, the fonowing: Employment, upgrading, demotion or transfer; recruitment or recruitment advertising; Jayoff or termination; rates of payor other fonns of compensation; and selection for training, including apprenticeship. . See Labor Code Sections 1411-14.32..5 for fwthcr details, The Lessor will penn it access to his records of employment, employment advertisements, appli- <:ation f01ms, and other pertinent data and records by the State Fair Employment Practices Com- mis<;ion, 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 wHlful yiolation 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 wbich 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 h.as violated d1e Fair Employment Practices Act and has issued an order, under Labor Code Section 1426, which has become final, or ohtained an injunction under Labor Code Section 1429, In the event of willful violation of the foregoing provision in the perfonnance of this lease, and if Lessor, within thili"y (30) days after receipt of a wJitten notice thereof From Lessee, fails to cure such breach, the Lessee shall have the right immediately to tenninate this lease and ;'Un' necessarv additional expense incurred by the Lessee in securing space equivalent to the Jeased premises. including the additional rental. if any, shaH he borne by the Lessor. IN "fITNESS ~VHEREOF, this lease has heen executed hy the parties hereto as of the date first :dJOve written. B B Jim Bates LESSOn., Mayor, City of ~ ~ ~ / \\~ \ rw. __L ..,.......... ./..,. ....,__ _.-~~ ....... c...d.... ..11.... MRIIIdI......../_ _I -..r _/ ....... tIUIrId ./face .".,. DISTRICT OFFICE LEASE ATTACHMENT L '1'hta Diltriet 0IIee Lee.. Attaehment.ua be attaehed. to, made a part at, aDd iDeorporate4 in _cla Mile qreemlDt tor <<iatrlet oSee IIPI-ee nblD1tted ~,f;'v Oommtttee _ BOUH ~t1oII tor ~ 2. Neither the Roue 01. !t~i..-.eDtatl.... DOr Jg 0tIIcB'a U8UIDeI aD1 UablUt7 for tbe performaDCe 01. the leue apoeemu:t to whleh W. IDltnJmeDt to a,..dIed. I'a7moato _ b7 the Clerk of the B_ of ~tatl_ of ........11 duo the X- b7 tIIa 1_ _ the tenDo of the ... _t .... IIIOdeIlOiel1 011 behalf of the Kember of 000Ip0u In hII oIIIdal ODCln_ eentatioa.al eapact~. 8ach lIember .unmee aU UabWt7 for perlorm&DCe ot the leue to wblcb th1IlDltr1Im.elLt Ie attached. aDd. the t.e.or &crees to look IOIeI7 to tH ~ In h1a o!Ddal and repreeent&Uooal ca~dt7 tor perfonauee at the leue qreement. 8. The term of tIIa ... ..........,.t to Uleh _ IIIItnImII>.t to attadlacl l1li.7 Dot _ two 7.... 0DCl man In DO .... _ be7011d the eoDItItDtIcoIIi term of the eoa,... to w_ tIIa ](ember to oIocted. 4. Tbe rota] dollar amoat 8pedJI.ed. SIt U1e 1eue ~t: to which Wa Iut.nuD4mt Ie attaebe4, wbleb. 40Uar amout .. PI7able mOl1th17 cmr tIIa ...... of the ... _ man DOt be ftried b7 aD7 factor eoot of Unac eIa_ ai_tor do_ _lator eIa-. ID7 oilier adj_t or....... thereof, or...,. _tl....1 or aobooq_t...-t. 5. Two eoplea of the _ a.-t to _ thto _t to attoehed 0DCl two eop\aI of ID7 __ _ II.... DDdlr tIIa term. of the _ _1. IIIaI1 be _t to tIIa Oommittee 011 Booae Ad_ltratloa. V.S. CapItol, W__ D.C. 205U. 6. Tbe Clerk of the Boue of BlpneeataUna wUl pa1 to the Leuor at tbe eDd of aeh mouth duriaC wblch th1a 1eue ta 111 dart the not doe __In a"""""" wtth the 1_ to _ __t to attlebed. ..\D7 PIrmeot ma4. to the X-r b7 tIIa Cluk of the _ of Bapnomtall.. tor aD7 period aft..- _loaaI baa beaD _tocJ IbaU be _ b7 the LeaIIor to the CIeIII: of the B_Gt ~tall_ wItboattorma1 demaJuL /' 7. 10 the ..eot of tho dealll, ......tIOD. or nmonl from oIIce of tIIa -. _1_ _'", l1li.7 be tenDiDatocJ b7 tho Clerk of the Booae of B.41-..tatl_ b7 llnac thlrt7 (80) 417.' DOtlee In wrItIDc to the LeaIIor. 'h. date 011 w_ aoeh thIrt7 da7l1llal1 _ IbaI1 be tIIa date __ _ to 4e11o_ to the LeaIIor, _ aoeh DOI!.. to m.illacL 8. Tbe ..... to w)a1~ Wa ,_-...-o_t Ie at:taebed. IIba11 eoDtalD there1D a proYimOD. lIuUcat1Dl ~ be total ~ft tootap tor _ PI7UIODt to 1IIio6- Sqoan '"- Mall beeompoted ..t_: Io th_ __ "bore the opaft In.obed ........ of a .- a......able trom a pobllc: _or, the _table a... 10 computed. b7 meuutnc from the IMIde 1ID1Ib of the uter10r waU (or bee at the eonYeetor if the eon~ed:or oeeup!ee at least fiO percent at the 1e1Icth of the utarior waU) to the teDaDt'.lIicle or the eorrl4or waD ul to the teD&ut'. Bide of the part1tiou .eparaUDc the ...ee in qoe.t1on from tbe other teI1aDtI. OeeapJable ara would blc""u4e priT8.t:e toilebllocated wtt:b.1n the area to be 1ea1lld. .. wen a. prtftte eorri4on: whidJ. eDIt .eole17 for the eoD?eDJenC' .,f the teDaDt. 8. ~ portton of tbe .... QfteIDeI1t to wbleb. th1I IDet:nlmeDt .. attaehed or aD, nbMq1lf':" or a4d1t1oul agreemeobl wltleh are In~t wtth _plio _ (1) tIorouP alPt (8) of W. _meat Mall be of DO".... 004 elre<t to the osteat of aod> 1D<oD1ItIteDr7. IN S8 WJDIDiOZ r - bmbereDDto ao_bod (z-o;)~------- OX, Mayor of the City of Chula Vista __~'f{':~ CLam) Congressman Jim Bates .-------------------------------------------.----------------------- _ad ......- .. 10 f_ 117 the c-alttee.. B_ AIba_utiOll SI"""" _________________ ------- Date ------------------------------ R-11916 ........ ---......., 55