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HomeMy WebLinkAboutReso 1983-11304 RESOLUTION NO. 11304 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING LEASE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND CONGRESSMAN DUNCAN HUNTER FOR THE LEASING OF CERTAIN 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: 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 CONGRESSMAN DUNCAN HUNTER, for the leasing of certain legislative office space dated the 1 st day of July , 1983, 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 tC? It/0V r- ornas J. Harron, City Attorney / \., ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF fULA VISTA, CALIFORNIA, this 5th day of July 83 , by the following vote, to-wit: Scott, Malcolm, Cox, Moore, McCandliss Councilmen 'ES: ~YES: 3STAI N: !SENT: Councilmen None Coooci/men None Councilmen None .TEs~m-c~~ ~ci!Lddr City Clerk R~ City of Chu/a Vista "ATE OF CALIFORNIA ) )UNTY OF SAN DIEGO ) s s. ry OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California, ) HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 11304 , and that the same has not been amended or repealed. ITED ( seal) City Clerk ;-660 LEA S FAG R E E MEN T THIS LEASE, made and entered into thi s /s t- day of ju / ~ ' 19 f3, by and between the CITY OF CHULA VISTA, hereinafter called Lessor, and Cong essman Duncan Hunter hereinafter called Lessee. WIT 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 Diego, State of California, and more particularly described as follows: Suite D, 430 Davidson Street, Chula Vista, California, consisting of one room and approximately 123 square feet. 2. TO HAVE AND HOLD said leased premises, together with the appurtenances, rights, privileges and ease~ents thereunto belonging or appertaining unto Lessee for a term commenci ng on the ~ day of July , 19~, and endi ng on the 31 st day of December 1984 , with such rights of termination as are hereinafter set forth, with rental payable by Lessee in arrears as follows: One hundred dollars and no cents ($100.00) per month oayable 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 livinn 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 nay the aforesaid rental to Lessor at the address soecified 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: CONGRES91AN J)UNCAN HUNTER 117 Cannon Office Building Washington, D. C. 20515 4. All notices herein provided be aiven, or which may be given, by either party to the other, shall be deemed to have been fully given when made in writing and de~osited in the United States mail certified and postaqe orepaid, 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 oarty may terminate this lease by giving notice to the other party at least sixty (60) days orior to the date when such termination shall become effective. At the ootion of Lessor, this lease shall terminate within thirty (30) days immediately following the death, resignation, or other removal from office of Duncan Hunter as a r1e~ber 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: - ;>h'1itorial services, including but not limited to, reoular cleanino of =ice areas and restrooms, toilet supplies and waste disposal. I utilities except teleohone. the lease term, Lessor shall maintain the leased ~remises together with rights, privileges, and easements belonging or anpertaining thereto, in tenantable condition, except in case of damaae arising from the negligence ~nts, i nvitees or employees. . reserves the riqht to enter and inspect the leased oremises, at reasonable nake any necessary repairs to the premises. R-ll'3C9q - 9. Lessor agrees that Lessee, keeping and performing the coyenants and agrcemcnts hcrein contained on the part of Lessee to be kept and performed, shall at all times durinO' the existen<:e of this lease peaceably and quietly, have, hold and enjoy the leased premises, witho~lt suit, trouhle 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 hv fire or other casualty, this lease, shall, in the case of total destruction of the leased premises, imn1cdiatelv tcrminate and, in case of partial destruction or damage, shall tenninate at the option of Lessee upon giying notice in writing to the Lessor within fifteen (15) days after such fire or casualty, and no rent shall accrue or he payable to the Lessor after such termination. In the event of an~' such destruction where the Lessee remains in possession of said premises, the rental as herein pr()Yided shall he reduced by the same ratio as the floor space Lessee is thus precluded from occupying hears to the total floor space of the leased premises. . 11. Bental payable hereunder for any period of time less than that for which periodic: rental is paid shall he determined by prorating the rental herein specihed for the applicable period. 1:2. To the extent authorized by any fire and extended coverage insurance issued to Lessor on the hercin demised premises, Lessor releases Lessee from liability for loss or damage covered by said insurance and waives subrogation rights of the insurer. 13. This lease is subject to the provisions of the California Fair Employment Practices 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, religion, ancestry, sex", age", phys- ical handicap 0, medical condition", or national origin. The Lessor will take affirmative action to ensure that applicants are employed and that employees are treated during employment, without re,gard to their race, color, religion, ancestry, sex", age", physical handicap", medical condition 0, or national origin. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion or transfer; reclUitment or recruitment advertising; layoff or termination; rales of payor other fonus of compensation; and selection for training, including apprenticeship. o See Labor Code Sections 1411-1432.5 for further details. The Lessor will permit access to his records of employment, employment advertisements, appli- cation fOllns, 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 determine "a willful violation of the fair employment practices provision to have occurred upon receipt of a final judgment having tliil:l:"etfect 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 and has issued an order, uncler Labor Code Section 1426, which has become final, or ohtained an injunction uncler Labor Code Sectiori 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 sllch hreach, 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, includin,g the additional rental, if any, shall be borne by the Lessor. JI-IEREOF,this lease has heen exe~utecl by the parties hereto as of the date . LESSEE: ICx . , ' ~'.1 ~ ,yor J; J. ~Ji Wi nson, for Congressman 1- This artachmenl musl be part of any lease form .ubmirted to the Commirtee on House Administration lor payment ollea.ed dislrict office .pace DISTRICT OFFICE LEASE ATTACHMENT 1. This District Office Lease Attachment shall be attached to, made a part of, and incorporated in each lease agreement for district office space submitted to the Committee on House Administration for payment. 2. Xeither the House of Representatives nor its Officers assumes any liability for the performance of the lease agreement to whit-h this instrument is attached. Payments made by the Clerk of the House of Representatives of amounts due the Lessor by the lessee under the terms of the lease agreement are made solely on behalf of the Member of Congress in his official and repre- sentational capacity. Such Member assumes all liability for performance of the lease to which this instrument is attached, and the Ll'Ssor a~rees to look solely to the lessee, in his official and representational capacity for performance of the lease agreement. 3. The term of the lease agreement to which this instrument is attached may not exceed two years and shall in no case extend beyond the constitutional term of the Congress to which the Member is elected. 4. Th.. total dollar amount specified in the lease agreement to which this instrument is attached, which dollar amount is payable monthly over the term of the lease agreement, shall not be varied by any factor cost of living clause, elevator clause, escalator daa'le, any other adjustment or measure thereof, or any additional or subsequent agreement. 5. Two copies of the lease agreement to which this instrument is attached and two copies of any termination notice given under the tl'rms uf the lease agreement, shall be sent to the Committee on House Administration, U.S. Capitol, Washington, D.C. 20515. 6. The Clerk of the House of Representatives will pay to the Lessor at the end of each month during which this lease is in eftect the rent due 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 for any period after this lease has been terminated shall be refunded by the Lessor to the Clerk of the House of Representatives without formal demand. 7. In the event of the death, resignation, or removal from office of the lessee, this lease agreement may be terminated by the Clerk of the House of Representatives by giving thirty (30) days' notice in writing to the Lessor. The date on which such thirty days shall 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 for which payment is being made. Square footage shall be computed as follows : In those instances where the space involved consists of a room accessible from a public corridor, the occupiable area is computed by measuring from the inside finish of the exterior wall (or face of the convector if the convector occupies at ll'ast GO percent of the length of the exterior wall) to the tenant's side of the corridor wall and to the tenant's side of the partitions separating the space in question from the other tenants. Occupiable area would include private toilets located within the area to be leased, as well as private corridors which exist solely for the convenience of the tenant. 9. Any portion of the lease agreement to which this instrument is attached or any suhsequent or additional agreements which are inconsistent with paragraphs one (1) through eight (8) of this instrument shall be of no force and etTect to the extent of such inconsistency. IN WITNESS WHEREOF, ~rti~ h.reto have h"'_to ,ub,.,,,,,,,, thoi, u~m~., of tho _ . / Y of ~J~___, 19_1:;3 ____~~---__ -~---g:-----'f-------------------- --~, - -J!~:---=----- (Lessor) ~ (LeSSee)--P Gregory. x, Mayor, City of Chula Vista J. J. Wilkinson, Di:strict Administrator for Congressman Duncan Hunter ----------------------------------------------------------------------------------------------------------------------- Reviewed and approved as to form by the Committee on House Administration Signed ______________________________________________________--- I>ate ____________________________________________ 97~h u... GOYI_I.T 'I.NTIN. OFFlca .en K-I(.5O ;;C.