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HomeMy WebLinkAboutReso 1983-11149 RESOLUTION NO. 11149 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND ASSEMBLY RULES COMMITTEE OF THE STATE OF CALIFORNIA FOR THE LEASING OF CERTAIN LEGISLATIVE OFFICE SPACE TO ASSEMBLYMAN STEVE PEACE 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 ASSEMBLY RULES COMMITTEE OF THE STATE OF CALIFORNIA for the leasing of certain legislative office spalce to Assemblyman Steve Peace dated the 25th day of January , 19 83, a copy of which is attached hereto and incorporated herein, t'~ 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 George ~. Lindberg, City Attor~e~ City Manager ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 25th doy of January 19 83, by the following vote, to-wit: AYES: Councilmen Scott. Cox. Malcolm. Moore, McCandliss NAYES: Councilmen None ABSTAIN: Councilmen None ABSENT: Councilmen None ~y~e City of Chulo Visto STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Visfo, Colifornio, DO HEREBY CERTIFY thor the obove ond foregoing is e full, true ond correct copy of RESOLUTION N0. ]1149 ,end thor the some hos not been omendedor repeoled. DATED (seal) City Clerk CC-660 (7 ? ase Return CALIFORNIA LEGISLATURE O. Box 1087 ASSEMBLY LEASE THIS LEASE, made and entered into this ~ 6th day of December , 19 82, by and between THE CITY OF CHULA VISTA, a California municipality hereinafter called Lessor, and the Assembly Rules Co~mnittee, California Legislature, hereinafter called Lessee. WITNESSETH: The parties hereto mutually agree as follows: 1. Lessor hereby leases unto Lessee and Lessee hereby hires from Lessor those certain prem- ises situate in the City of Chul a Vista , County of San Diego State of California, and more particularly described as follows: Suite B, 430 Davidson Street, Chula Vista, California consisting of three (3) rooms and approximately 1,450 square feet 2. TO HAVE AND HOLD said leased premises, together with the appurtenances, rights, ~rivileges and easements therennto belonging or ap ertaining nnto Lessee, for a term commencing ' the 6th day of December , 1,~B2 · and ending on the 30th day of vember , 1~84 , with such rights of termination as are hereinafter set forth, with rental able by Lessee in arrears as follows: Eight hundred and sixty dollars and no cents ($860.00) 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. Beginning December 6, 1983, the monthly rent will be subject to an adjustment based upon an increase in the cost of living during the past twelve (12) monthS, but not to exceed eight percent (8%). This adjustment will be based on the U. S. Depart. of Commerce (All Urban) Index for the San Diego Metropolitan Area. 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 ~vriting, upon the submission by Lessor of invoices therefor at least 15 days prior to the due date, to the Assembly Bules Com- mittee, 3015 State Capitol, Sacramento, California 95814. 4. At1 notices herein provided to be given, or which may be given, by either party to the other, shall be deemed to have been full 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 Attn: Director of Finance and to Lessee at the address indicated in Paragraph 3. Nothing herein contained shall preclude the e:iving of any such written notice by personal service. 5. Except as otherwise provided by this para raph, either party may terminate this lease by inl notice to the other party at least sixty (60~ days prior to thi~ date when such terminatioh 11 become effective. At the bption of Lessee, this ldase shall terminate within thirty (30) days immediately following the death, resi nation, or other removal from offace of Steve Pea~e: as a Member ~f the Asserably~ 6. Lessor shall fin'nish to Lessee durh~g the lease term, at Lessor's sole cost, the following and utilities: A. Janitoriaj services, including but not lhnited to, regular cleaning of oilice areas and rest- rooms, toilet supplies and waste disposal. B. All utilities except telephone. _7~DKrjxigdhe jease term~ Lessor shall maintain the leased premises together with appurte- antes, rights, privileges, and easements belonging or appertaiding 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. - _ contained on tl~6 part of Lessee to he kept and performed, shall at all times during the existence of this lease peaceably and quietly, have, hold and enjoy the leased premises, without suit, trouble or hindrance fr6m Lessor, or any person claiming m~der Lessor. 10. In the event the leased premises or any essential part thereof shall be destroyed by fire or casualty, this lease, shall, in the case of total destruction of the leased premises, immediately and, in case of partial destruction or damage, shall te~ninate at the option of Lessee upon giving notice in writing to the Lessor withiu fifteen (15) days after such fire or casualty, and no rent shall accrue or be payable to the Lessor after such termination. In the event of any such destruction where the Lessee re~nains in ~ossession of said premises, the rental as herein provided shall be reduced by the same ratio as the floor space Lessee is thus precluded frown occupying bears to the total floor space of the leased premises. 1]. Rental payable hereunder for any period of time less than that fox' which periodic rental is paid shall be determined by prorating the rental herein specified fox' the applicable period. 12. To the extent authorized by any fire and extended coverage insurance issued to Lessor on the herein demised premises, Lessor releases Lessee from liability for loss or dmnage covered by said insurance and waives subrogation rights of the insurer. tion et seq., Labor Code ) and in its performance Lessor will not discriminate against '1~.~ lease ,s s~,biect to thc provisions of the California Fai~ EmtAoym~u{ r.~ctices Act (Set> employment because of race, color, religion, ancestry, sex *, age ' iea] medleal condition*, or national origin. The Lessor ~vill take affh'mative to ensure that ployed and that employees are treated during regard to color, religion, ancestry, sex*, age*, physical handicap*, or national action shall include, but not be limited to, the upgrading, transfer; recruitment or recruitment advertising; or termiuation; rates of pay or other of compensation; and selection for training, ' apprenticeship. * See Labor Code 1-1432.5 for further details. The Lessor will pertnit access to his employment advertisements, appli- cation forms, and other pertinent data a bv State Fair Employment Practices Com- mission, and any other agency of the by the Department of General Services, for the purposes of invest to ascertain with this section. The Lessee may determine of the fair provision to have occurred upon receipt of judgment having that effect in an action to which Lessor was a party, or receipt of a written notice from the Practices Com- mission that it has and determined that the Lessor has , Fah' Employment Practices Act and an under Labor Code Section 1426, has become final, or obtained an Section 1429. In the of willful violation of the foregoing provision in the performance is lease, aud n thirty (30) days after receipt of a writteu notice thereof from ]~ cure such the Lessee shall have the right immediately to terminate this lease and ~ expense incurred by the Lessee in securiug space equivalent to the leased nises, ~he additio~l Ental, if a,~y, ~h.ll hc bu~nc by the Lessor. ,,d~Xj Paragraph ~3 has bern deleted ~n its entirety adn replaced by the "Fair Empioy- ~ 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 ~t~rst above written. !LESSOR: LESSEE: Assembl!] Rules Committee I, - - Cedifitrnk~ Leg~,laHttF :!::::! ' Chief Administrative O~er ~i:~iiFitle ayo~ Of the C~ty of Chula V~sta ~::i::i:~i FAIR EMPLOYMENT PRACTICES ADDENDUM This lease is subject to the provisions of the California Fair Employment and HOusing Act (Section 12900, et seq., Government Code) and in its performance the Lessor will not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, or sex. The Lessor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, or sex. This action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Lessor will permit access to his or ker records of employment, employment advertisements, application forms, and other pertinent data and records by the Fair Employment and Housing Commission, and any other agency of the State of Cali- fornia designated by the Joint Rules Committee, for the purposes of investigation to ascertain compliance with this paragraph. The State may determine a willful violation of the Fair Employment Practices provisions to have occurred upon receipt of a final judgment having that effect from a court in 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, under Section 12970 of the Government Code, which has become final or obtained an injunction under Section 12973 of the Government Code. Inthe event of willful violation of the foregoing provision in the performance of this lease, and if the Lessor, within thir[y (30) days after receipt of a written notice thereof from the State, fails to cure the breach, th~ State 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.