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HomeMy WebLinkAboutAgenda Statement 1980/03/25 Item 10COUNCIL AGENDA STATEMENT ~~ Item Io Meeting Date 3/25/80 ITEM TITLE: Resolution~DO~/ Aporoving First Amendment to Agreement between the County of San Diego and the City of Chula Vista for Joint Use of City of Chula Vista Facilities SUBMITTED BY: City Manager ~ (4/5ths Vote: Yes Nom) The original agreement for County use of certain City facilities executed on May 27, 1975 fora period of five (5) years expires June 30, 1980. The County of San Diego has re- quested an amendment to the agreement, extending it fora period of one (1) year, i.e., from July 1, 1980 through June 30, 1981, faith a month-to-month holdover if the Third and "H" facilities are not ready for occupancy. It is therefore my RECOMMENDATION: That Council approve the resolution. BOARD/COMMISSION RECOMMENDATION: N/A DISCUSSION: The amended agreement provides a monthly rent of $550 for the period of July 1, 1980 through June 30, 1981, with a cost-of-living increase effective July 1, 1981 if holdover on a month-to-month basis is required. The increase in the rent amount was proposed because it has been determined actual cost in terms of utilities and custodial service alone conservatively cost the City $350 per month. Rest room supplies, used extensively by Court clientele, have not been included. The monthly rent as proposed represents approximately 40~ per square foot for the space utilized on a daily basis, i.e., office space for a judge and use of the old City Council Chamber. Rest room, storage space in the Police Building basement and use on an in- frequent basis of the Council Conference Room have not been considered. FINANCIAL IMPACT: N/A ERA:mab .. ._ _,.~ ..__-W.. ?- .~% a-+ _ _~...:. dp ~/~ Form A-113 (Rev. 11/79) ®EPARTMENT OF GENERAL SERVICES COUNTY OF SAN DIEGO HILA RIO O. GONZALES D1n EGTOR DIVISIONS ADMINISTRATIVE & FISCAL MANAGEMENT Budget Coardi nation Personnel/Payroll Affirmative Action Central Records Central Duplicating Word Processing Fiscal Analysis ARCHITECTURE & ENGINEERING Project Management Design Liaison Construction Administration and Inspection •COMMUNICATICNS & FLEET SERVICES Vehicles -Pracu rement -Maintenance -Fuel Mobile Radios Intercoms Public Address County Mail Telephones Radio Dispatch .FACILITY SERVICES Building Maintenance Custotlial Gardening Security Energy Conservation Crafts .FACILITY/REAL PROPERTY MANAGEMENT Space Management Real Property -Acquisition -Evaluation -Leasing -Surplus Property D~ ~ COUNTY OPERATIONS CENTE R, M.5. 0360 • 5555 OVERLAND AVENU E, BLD G. 2, RM. 240 SAN DIEGO, CALIFORNIA 92123 • GENERAL INFORMATION 1141565-5293 May 21, 1980 Mr. E. R. Asmus Assistant City Manager City of Chula Vista 276 Fourth Avenue Chula Vista, CA 92010 SUBJECT: TE 0551 - Agreement for Joint Use of City of Chula Vista Facilities - County Contract No. 9036-5350-E Dear Mr. Asmus: I almost despair of trying to get our respective attorneys to agree in getting this Amendment completed: A copy of County Counsel's comments on the draft for- warded to you in my letter of April 4, 1980 is attached. Unfortunately I had not had the opportunity to have rr rr County Counsel review the Second Edition of the Amendment before I sent it to you: This could have saved both of us some embarrassment. There are also enclosed four copies of the First Amend- ment as modified by our Counsel. I hope you will not experience any difficulty in getting this version signed by Mayor Hyde. Please return three (3) copies to me at your early convenience. Your understanding and cooperation are appreciated. Very truly yours, H. G. WOL Real Property Agent Acquisition Leasing/Space Management Section HGW:11 Attachments ' f~)~ase Keurn To: ., i Ycnri~ T.2. F*_;yasz, ~^.ity Cierc P. i?. ~..,._ :6`87 FIRST AMENDMENT TO AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO AND THE CITY OF CHULA VISTA FOR JOINT USE OF CITY OF CHULA VISTA FACILITIES • THIS FIRST AMENDMENT TO AGREEMENT, n;ade and entered in this 25th day of March 1980, by and between the CITY OF CHULA VISTA, a municipal corporation, hereinafter referred to as "City", and the COUNTY OF SAN DIEGO, a political subdivision of the State of California, hereinafter referred to as "County", whereby the parties hereto agree as follows: W I T N E S S E T H WHEREAS, Lessor and County entered into an Agreement on May 27, 1975, known as County of San Diego Contract No. 9036-5350-E, for joint use of that certain real property known as that portion of the "Civic Center" known as the "Council Chambers" as well as those additional facilities as shown on Exhibit "A" to said Agreement, as well as the City's jail facilities as described in said Agreement; and WHEREAS, the parties hereto are desirous of amending said Agreement in order to extend the term and increase the rent. NOW, TI3EREFOF.E, it is mutually agreed as follows: 1. Clause 3 of said Lease Agreement, entitled TERM is hereby amended to read as follows: "3. TERM. The term of this Agreement is (6) six years, commencing July 1, 1975 and terminating June 30,1981." O ~' /Q- /o v 'f/ ,~. -2- 2. Clause 5(a) of said Lease Agreement, entitled RENT, is hereby amended to read as follows: "5(a). RENT. The rent reserved to City shall be in accordance with the following schedule: From To Rent per Month July 1, 1975 June 30,1976 $116.00 July 1,, 1976 June 30,1977 $122.97 July 1, 1977 June 30,1978 $132.24 July 1, 1978 June 30,1979 $142.00 July 1,1979 June 30,1980 $167.00 July 1,1980 June 30,1981 $550.00 Rent shall be payable in arrears on the first day of the month following the month in which rental was earned during the term, except that if the 1st day of the term shall not be the 1st day of the month, the rental for the portion of the term occurring in the first and last calendar months of the terms shall be appropriately prorated. Installments of rent shall be paid at the office of City's Treasurer. 3. Clause 5(b) of said Lease Agreement, entitled COST OF LIVING ADJUSTMENT, is hereby amended to read as follows: "5(b). COST OF LIVING ADJUSTMENT. Beginning with any period of HOLDING OVER as set forth in Clause 4 herein, and for any succeeding twelve month period, the monthly rental provided for above shall be adjusted (but in no event to an amount less than $550.00) to reflect any increase or decrease in the purchasing power of the dollar following June 30, 1980 by use of the following formula: /bU-l ~ R = $550 x B C _3_ WHEREIN, R equals the adjusted monthly rental for each month of the particular twelve (12) month period; B equals the average monthly consumer price index as hereinafter defined for the first full calendar quarter immediately preceding the commencement of the twelve (12) month period for which the adjusted monthly rental is being computed; and C equals the average monthly consumer price index as herein defined for the calendar quarter April, May and June, 1980. The consumer price index, which shall be used as the source for such index numbers, shall be that published by the United States r Department of Labor, titled United States Department of Labor, Bureau of Labor Statistics, Consumer Price Index for All Urban Consumers, for the San Diego area (1967 = 100). In the event that such index is not published for the San Diego area, then another comparable index or source of such information generally recognized as authori- tative shall be substituted by agreement of the parties. If the parties should not agree, such source of information shall be determined by arbitration pursuant to the provisions of the California Code of Civil Procedure. 4. (a) REPAIRS. City shall provide, at its sole expense, all interi~lr and exterior repairs and maintenance required at the Described Premises, except the County shall make, at its sole expense, all repairs which are caused by want of ordinary care by the County or Municipal Court, their officers, employees, agents, or persons using the Described Premises to conduct business with County or the Municipal Court. ~p~-( -4- (b) RESTORATION OF CITY PROPERTY. City proposes to remodel City Hall Building restrooms during the term of County's occupancy. Any damage caused by County's officers, employees, agents or persons using the Described Premises to conduct business with County or the Municipal Court, shall be restored by County at its sole expense, so that said restrooms shall be left in as good condition at the time of County's termination of occupancy as the said restrooms were upon the completion of the remodeling by City, except for ordinary wear and tear attributable to use for the period of occupancy by the County. 5. This First Amendment to Lease Agreement shall be effec- tive and binding on all parties hereto commencing on the date first above written. 6. Except as hereinabove amended, said Lease Agreement shall continue in full force and effect in all particulars. IN WITNESS WHEREOF, the parties hereto have set their hands on the date first above written. CITY OF CHULA VISTA, a municipal corporation, By ~,J~,ee ~~~ Mayor of the City of Ch a Vista COUNTY OF SAN DIEGO, a political subdivision of the State of California, By Clerk, Board of Supervisors ~ ,~ Q~/~ OFFICE OF THE CITY MANAGER ~/a ° .~ / City o~ C~uQa ~Uista CALIFORNIA April 1, 1980 H. G. Wolff, Real Property Agent Acquisition Leasing/Space Management Section County of San Diego 5555 Overland Avenue, Bldg. 2, Room 240 San Diego, California 92123 TE 0561 - AGREEMENT FOR JOINT USE OF CITY OF CHULA VISTA FACILITIES - COUNTY CONTRACT N0. 9036-5350E Enclosed are the original and three copies of the First Amendment to our Joint Use Agreement approved by the City Council on A4a~ 25, 1980. Please return one executed copy to our City Clerk. 'mtct-!v The agreement is basically what you drafted, with changes we discussed by phone. Section 4, however, is a new provision, added by the City Council at the time of approval. I did not entirely support the modification although I must admit damage to the City's rest room facilities during the term of the present lease has been extensive. I would hope the provision does not present an impossible obstacle to approval in that even if damage does occur, the dollar cost to restore would not be great. We do know from past experience that continued repair will be re- quired and what those repairs will be at termination cannot be determined at this time. Please call me if you have any questions. ERA:mab Enclosures cc: City Clerk ~eayl 276 FOURTH AVENUE E. R. Asmus Assistant City Manager CHULA VISTA. CALIFORNIA 92010 TELEPHONE 575-5031 Flleu Rc~w ~~npss^~~'._ ~`~`' ~ r '198 x °': FIRST AMENDMENT TO ,~,~~. ~ y>' AGREEMENT BETWEEN THE COUNTY OF SAN n7EGC1~"" AND THE CITY OF CHULA VISTA FOR JOINT USE OF CITY OF CHULA VISTA FACILITIES e THIS FIRST AMENDMENT TO AGREEMENT, n;ade and entered in this 25th day of March 19 80, by and between the CITY OF CHULA VISTA, a municipal corporation, hereinafter referred to as ''City", and the COUNi'Y OF sAN DIF_GG, a political subdivision of the State of California, hereinafter referred to as "County", whereby the parties hereto agree as follows: W I T N E S S E T H WHEREAS, Lessor and County entered into an Agreement on May 27, 1975, known as County of San Diego Contract No. 9036-5350-E, for joint use of that certain real property known as that portion of the "Civic Center" known as the "Council Chambers" as well as those additional facilities as shown on Exhibit "A" to said Agreement, as well as the City's jail facilities as described in said Agreement; and WHEREAS, the parties hereto are desirous of amending said Agreement in order to extend the term and increase the rent. NOW, THEREFOF.E, it is mutually agreed as follows: 1. Clause 3 of said Lease Agreement, entitled TERM is hereby amended to read as follows: "3. TERM. The term of this Agreement is (6) six years, commencing July 1, 1975 and terminating June 30,1981." ~po~~ k'- ~~ ~ ~/ CGUf1'i'Y CON`PRA.CT NUMBER ~G3/o-,.350£ -2- 2. Clause 5(a) of said Lease Agreement, entitled RENT, is hereby amended to read as follows: "5(a). RENT. The rent reserved to City shall be in accordance with the following schedule: From To Rent per Month July 1, 1975 June 30,1976 $116.00 July 1,, 1976 June 30,1977 $122.97 July 1, 1977 June 30,1978 $132.24 July 1,1978 June 30,1979 $142.00 July 1,1979 June 30,1980 $167.00 July 1,1980 June 30,1981 $550.00 Rent shall be payable in arrears on the first day of the month following the month in which rental coas earned during the term, except that if the 1st day of the term shall not be the 1st day of the month, the rental for the portion of the term occurring in the first and last calendar months of the terms shall be appropriately prorated. Installments of rent shall be paid at the office of City's Treasurer. 3. Clause 5(b) of said Lease Agreement, entitled COST OF LIVING ADJUSTMENT, is hereby amended to read as follows: "5(b). COST OF LIVING ADJUSTMENT. Beginning with any period of HOLDING OVER as set forth in Clause 4 herein, and for any succeeding twelve month period, the monthly rental provided for above shall be adjusted (but in no event to an amount less than $550.00) to reflect any increase or decrease in the purchasing power of the dollar following June 30, 1980 by use of the following formula: `~~~ R = $550 x B C -3- WHEREIN, R equals the adjusted monthly rental for each month of the particular twelve (12) month period; B equals the average monthly consumer price index as hereinafter defined for the first full calendar quarter immediately preceding the commencement of the twelve (12) month period for which the adjusted monthly rental is being computed; and C equals the average monthly consumer price index as herein defined for the calendar quarter April, May and June, 1980. The consumer price index, which shall be used as the source for such index numbers, shall be that published by the United States Department of Labor, titled United States Department of Labor, Bureau of Labor Statistics, Consumer Price Index for All Urban Consumers, for the San Diego area (1967 = 100). In the .event that such index is not published for the San Diego area, then another comparable index or source of such information generally recognized as authori- tative shall be substituted by agreement of the parties. If the parties should not agree, such source of information shall be determined by arbitration pursuant to the provisions of the California Code of Civil Procedure. 4. (a) REPAIRS. City shall provide, at its sole expense, all interit7r and exterior repa Described Premises, except the expense, all repairs which are the County or Municipal Court, or persons using the Described County or the Municipal Court. irs and maintenance required at the County shall make, at its sole caused by want of ordinary care by their officers, employees, agents, Premises to conduct business with ,~ Q~/ -4- (b) RESTORATION OF CITY PROPERTY. City proposes to remodel City Hall Building restrooms during the term of County's occupancy. Any damage caused by County's officers, employees, agents or persons using the Described Premises to conduct business with County or the Municipal Court, shall be restored by County at its sole expense, so that said restrooms shall be left in as good condition at the time of County's termination of occupancy as the said restrooms were upon the completion of the remodeling by City, except for ordinary wear and tear attributable to use for the period of occupancy by the County. 5. This First Amendment to Lease Agreement shall be effec- tive and binding on all parties hereto commencing on the date first above written. 6. Except as hereinabove amended, said Lease Agreement shall continue in full force and effect in all particulars. IN WITNESS WHEREOF, the parties hereto have set their hands on the date first above written. CITY OF CHULA VISTA, a municipal corporation, _. BY ~~ ~(, C Mayor of .the City of C la Vista and/a auttrorited M db Boad p} Supervisors of the Couaty of San Diego JUN 17 1980 ~ `~ Ole of the Board of Supervisor COUNTY OF SAN DIEGO, a political subdivision of the State of California, _ _-:. ., ... BY ~~~~ ~u ;mil Clerk, Board of Supervisors