HomeMy WebLinkAboutCC RESO 12,063RESOLUTION NO. 12,063
A RESOLUTION OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE A LEASE
ON BEHALF OF THE CITY WITH THE COUNTY OF
SAN DIEGO FOR THE SOUTH BAY MUNICIPAL COURT
WHEREAS, the City did on July 26, 1966
enter into a lease with the County of San Diego for
the purpose of providing facilities for the National
City Justice Court, and
WHEREAS, on July 1, 1975 the National City
Justice Court was replaced by the South Bay Municipal
Court District, and
WHEREAS, said lease provided for renewal
every two years, and
WHEREAS, the existing term expires July 26,
1976, and
WHEREAS, the City wishes to extend the term
of the lease an additional two years;
NOW, THEREFORE BE IT RESOLVED that the Mayor
is hereby authorized and directed to execute that
certain lease agreement between the City of National
City and the County of San Diego for the South Bay
Municipal Court District, a copy of said lease on file
in the Office of the City Clerk and reference is made
hereto for all particulars contained therein.
PASSED AND ADOPTED this 15th day of June, 1976.
ATTEST:
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LEASE AGREEMENT BETWEEN THE CITY OF
NATIONAL CITY AND THE COUNTY OF
SAN DIEGO FOR THE SOUTH BAY MUNICIPAL COURT
THIS AGREEMENT, executed this
day of , 1976 by and
between the COUNTY OF SAN,DIEGO, a political subdivision of the State of
California, sometimes hereinafter referred to as "County" and the CITY OF
NATIONAL CITY, a municipal corporation, hereinafter referred to as "City".
W 1TN E S S E T H:
WHEREAS, the City and County entered into a lease agreement dated
July 26, 1966, wherein County leased certain premises from City for
purposes of operating the Justice. Court of the National Judicial District,
said lease being for a period of two years commencing July 26, 1966; and
WHEREAS, said lease agreement provided for automatic renewal for
subsequent two year terms until written notice of termination shall have
been given by either party thereto; and
WHEREAS, said lease was amended by agreement of the parties in
August 8, 1975; and
WHEREAS, the parties hereto are desirous of rescinding said lease as,
amended and creating a new lease wherein the County shall lease such
portions of City's Civic Center Building, as more particularly delineated
on the map or plat attached hereto and marked Exhibit A, upon the terms and
concitions as hereinafter more specifically set forth; NOW, THEREFORE,
IT IS AGREED by and between the parties hereto as follows:
1. ADMINISTRATION. This Agreement shall be administered on behalf of
County by the Director, Department of Real Property, Community Services Agency,
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County of San Diego, hereinafter referred to as :'County's Agreement Administrator",
and on behalf of City by the City Manager.
2. DESCRIPTION. City hereby leases to County that portion of the "Civic
Center" known as the "South Bay Municipal Court" as shown on Exhibit "A"
hereto, and by this reference incorporated herein, which is hereinafter
referred to as "Described Premises", under the terms and conditions herein-
after set forth.
3. TERN. Said lease shall commence on the effective date of this
agreement and shall continue in effect for a term of two years from and
after said date. Said lease shall thereafter continue in effect and be
deemed renewed by the parties hereto,.upon all of the terms and conditions.
contained herein, for another two year term at the end of each such two year
term unless and until one of the partieshereto submits to the other party a
written notice of termination and intention not to renew said lease at least
ninety days prior to the end of the then current two year term; provided,
however, that this lease agreement may be terminated by either party at any
time by giving to the other party ninety days' written notice of intention to
terminate.
4(a). RENT. The base rent reserved for the first year of the term
of this Lease shall be the sum of One Thousand Six Hundred Fifty Dollars
($1,650) per month, except as this sum may be modified by Clause 4(b) herein.
Rent shall be payable in arrears on the first-day of the month next following
the month in which rental was earned during the term, except that if the
first day of the term shall not be the first day of the month, the rental
for the portion of the term occurring in the first and last calendar months
of the term shall be appropriately prorated.
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4(b). COST OF LIVING ADJUSTMENT. Beginning with the thirteenth month
of this Lease, and for each succeeding twelve month period, the monthly rental
provided for above shall be adjusted to reflect any increase or decrease in the
purchasing power of the dollar following the commencement of this Lease by the use
of the following formula:
R = $1,650 (1 + 0.75[B/C-1])
WHEREIN,
R•equals the adjusted monthly rental for each month of the particular
twelve 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 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 first full calendar quarter immediately preceding the commencement of
the term of this Lease. 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 Los Angeles Metropolitan Area
"all items", which covers the cost of "all items" of goods and services
purchased by urban wage earning clerical working families for the Los Agneeles
Area (1967=100). In the event that such index is not published for the
Lus Angeles Area, then another comparable index or source of such information
generally recognized as authoritative 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. .
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S. USE. The leased premises, as delineated on Exhibit "A", shall
be made available by City to County on a full-time basis; provided, however,
that while that area delineated on said Exhibit "A" as "courtroom" shall be
made available for County's use as the courtroom of the Municipal Court of
the South Bay Judicial District during such time as said court is in session,
it shall be available for the use of City at all other times; should any
conflict occur or disagreement result from this joint use, the matter shall
be submitted to the Judge of the court for final determination.
6. UTILITIES. City shall provide and pay for all utilities necessary
for County's use of the Described Premises -pursuant to this Agreement.
7. JANITORIAL SERVICES AND TRASH REMOVAL. City shall provide all
janitorial and trash removal services which are required by County's use of
the Described Premises.
B. REPAIRS. City shall provide, at its sole expense, all interior
and exterior repairs and maintenance required at the Described Premises,
except that County shall make, at its sole expense, all repairs which are
caused by want of ordinary care or degree of greater culpability 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.
9. IMPROVEMENTS, INSTALLATION AND ALTERATIONS.. County shall provide
seating in the lobby area for clients of the South Bay Municipal Court during
the entire term of this agreement. Said seating shall be approved by City in
terms of configuration, style and quantity not to exceed forty (40) seats or
other amount approved by City's Fire Department. County shall further provide
all improvements as shown in Exhibit "A". County may install any and all
equipment or fixtures necessary or desirable for the above -described purposes,
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but shall make no alterations in or additions to the Described Premises
without, in each instance, first securing the written permission of City. All
such equipment or fixtures installed by County shall remain the property of
County and may be removed at or before the termination of the Agreement or
extension thereof, and any damage to the Described Premises occasioned by
such installation and/or removal shall be repaired by County upon request
by City.
In the event that any of the modifications or improvements. shown
in Exhibit "A" create any access problems, obstructions or other problems
affecting the use of the Described Premises, these modifications and improve-
ments shall be modified in a manner prescribed by the City.
10. HOLDING OVER. Any holding over by County after the expiration
of this Agreement or extension thereof shall be'construed to be occupancy on
a month -to -month basis on the terms and conditions herein specified so far
as the same may be applicable. Any such holding over shall be approved in
writing by City in advance. City may terminate any tenancy construed pursuant
to this section by thirty (30) days written notice.
11. SPECIAL CONDITIONS
A. WASTE -CARE OF PREi1ISES. County shall give prompt notice
to City of any damage to the Described Premises and shall not commit, or
suffer to be committed, any waste or injury; or any public or private
nuisance on the Described Premises.
B. INSURANCE. County agrees to maintain a combined program of
insurance and self-insurance throughout the term of this Agreement. County
agrees to furnish to City a certificate of insurance naming the City as
additional insured in the amounts as follows:
Comprehensive Public Liability:
(a) $300,000 Bodily injury, each person
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(b) $500,000 Bodily Injury, each occurrence
(c) $50,000 Property Damage
In the event of cancellation of the policies or self-insurance programs, County
agrees to give City thirty (30) days prior notice.
12. RECORD AND FILES. City, at City's expense, may place in
the leased premises, at locations designated by the Judge of the Municipal
Court of the South Bay Judicial District, the files and records of the
National City Policy Court, together with the .cabinets and other containers
in which they are kept.
13. SECURITY. County shall provide adequate provisions for the
security of the Described Premises. If City determines additional security
is reasonably' necessary to keep the Described Premises secure, it shall
be provided at County expense.
14. SIGNS. County, at its own expense, shall provide appropriate
signs on the Described Premises to direct persons to court facilities. The
placement and composition of signs shall be at City's discretion.
15. PRIOR LEASE CANCELLATION. That certain agreement between the
County of San Diego and the City of National City entitled "LEASE AGREEMENT
BETWEEN THE CITY OF NATIONAL CITY AND THE COUNTY OF SAN DIEGO FOR THE
NATIONAL CITY JUSTICE COURT", dated July 26, 1966, and on file in the
office of the Clerk of the Board of Supervisors of the County of San Diego
as County Contract No. 3506-1130-E, is hereby.rescinded and henceforth, for
all purposes shall be deemed null and void.
16. EXECUTION. This Agreement may be simultaneously executed in
any nmaber of counterparts, each of which, when so executed, shall be
deemed to be an original, but all together shall constitute but one and
the same Agreement, and it is also understood. and agreed that separate
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counterparts of this Agreement may be separately executed by City and County,
all with the same full force and effect as though the same counterpart had
been executed simultaneously by both City. and County.
17. ENTIRE .AGREEMENT. The parties hereto have set their hands on the
date first above written.
CITY OF NATIONAL CITY, a Municipal
Corporation
By
Mayor
COUNTY OF SAN DIEGO, a political
subdivision of the State of California,
By
Clerk, Board of Supervisors
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S;COND . FLOO2 PLAN
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