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HomeMy WebLinkAboutCC RESO 9129�i RESOLUTION NO. 9129 RESOLUTION AUTHORIZING EXECUTION OF LEASE AGREEMENT FOR THE NATIONAL JUSTICE COURT BE IT RESOLVED by the City Council of the City of National City that the Mayor and City Clerk be authorized to execute and attest that certain Lease Agreement between the City of National City and the County of San Diego for the National Justice Court, a copy of which is attached. ATTEST: PASSED AND ADOPTED this %2 7ii/l7; CITY CLEF ,? / /; ' 7�v` Z/ 1 � 1 17th day of May, 1966. YOR LEASE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND THE COUNTY OF SAN DIEGO FOR THE NATIONAL JUSTICE COURT. THIS AGREEMENT, executed this day of 1966 by and between the COUNTY OF SAN DIEGO, a political subdi- vision of the State of California, sometimes hereinafter referred to as "County" and the CITY OF NATIONAL CITY, a municipal corp- oration, sometimes hereinafter referred to as "City" WITNESSET H: WHEREAS, the City of National City and the County of San Diego entered into a lease agreement dated wherein the County leased certain premises purposes of operating the Justice Court District, said lease being for a period January 1, 1952; and WHEREAS, said lease was amended by December 4, 1951, from the City for of the National Judicial of ten years commencing agreement of the parties on December 7, 1954, and again on July 23, 1957 and October 10, 1961; and WHEREAS, the parties hereto are desirous of rescinding said lease as amended and creating new leases wherein the County shall lease the premises more particularly described in Exhibit A, attached hereto, until such time as the City has completed its new Civic Center Building, at which time such lease shall expire and the County shall thereafter lease such portions of Civic Center Building, as more particularly delineated or plat attached hereto and marked Exhibit B, upon the conditions as hereinafter more specifically set forth; THEREFORE IT IS AGREED by and between the parties hereto as said new on the map terms and NOW follows: 1. By mutual agreement of the parties hereto that certain agreement between the County of San Diego and the City of -1- National City entitled "LEASE AGREEMENT FOR NATIONAL JUDICIAL DISTRICT", dated December 4, 1951, and on file in the office of the Clerk of the Board of Supervisors of the County of San Diego as Document No. , as modified and amended on December 7, 1954, January 23, 1957 and October 10, 1961, is hereby re- scinded and henceforth, for all purposes, shall be deemed null and void. Rent under said rescinded lease shall be prorated from the beginning of the current month to but not including the date first above written, at the rate of $6.58 per day, payable by the County to the City at the end of the current month. 2. LEASE OF FACILITIES IN CITY HALL BUILDING. The City of National City leases to the County of San Diego those premises more particularly described in Exhibit A, attached hereto and by this reference made a part hereof as though fully set forth herein, subject to the following terms and conditions: A. USE. The four rooms adjacent to the courtroom shall be made available by the City to the County on a full-time basis for use as the Clerk's office, Constable's office and for attendants and witnesses; the courtroom shall be available for the County's use as the courtroom for the Justice Court of the National Judicial District during such time as court is in ses- sion and shall be available for the use of the City at all other times. Should any conflict occur or disagreement result from that joint use the matter shall be submitted to the Judge of the court for final determination. B. TERM. The term of this lease shall commence on the effective date of this agreement as set forth in Paragraph 5 below, and shall terminate on the day that the Justice Court of the National Judicial District vacates the premises described in Exhibit A to move into its new quarters in National City's new Civic Center Building as delineated on Exhibit B, attached -2- hereto and made a part hereof; 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. C. SERVICES. The City shall furnish the premises described in Exhibit A with light, heat, water and janitorial services during the term of this lease and the City shall make available and permit the use of the toilet and lavatory facilities in said City Hall by the employees of the County occupying the leased premises, the personnel of the Justice Court of the National Judicial District and those members of the public having business with said court or who are otherwise on the leased premises. D. RENT. County shall pay to the City, as rent for the leased premises as described in Exhibit A, the sum of $200 per month. In the event that the County occupies the premises under the terms of this agreement for any period of less than one calendar month, the rent shall be prorated on a daily basis at the sum of $6.58 per day for each day of such occupancy; payment shall be made at the end of each calendar month during the term of the lease, and, upon termination, at the end of the calendar month in which termination is made. E. ALTERATIONS. The County may install, at its own expense, equipment and fixtures necessary for the use of said leased premises for the purposes described herein, but shall make no permanent alterations in or additions to said premises without the written consent of the City; all equipment and fixtures installed by the County may be removed by the County at its own expense within thirty days following the termination of the lease of the premises described in Exhibit A, and any damages to the premises occasioned by such installation and removal shall be repaired by the County at County's expense. F. REPAIRS. The County shall make, at its own expense, all necessary minor repairs of the leased premises, normal wear and tear excepted; the City shall make, at its own expense, all major repairs necessary for the use of said premises except suchas are necessary because of the fault or negligence of the County, which repairs shall be made by the County at the County's expense. G. TELEPHONE SERVICES. At the request of the County, the City shall make telephone services available to the County and the County shall reimburse the City for the actual cost of such services. H. RECORDS. The City, at City's expense, shall place in the leased premises, at locations designated by the Judge, files and records of the National City Police Court together with the cabinets and other containers in which they are housed. The City shall also provide the following furnishings and equipment in the leased premises: Courtroom: Oak bench and witness stand, jury box, three oak counsel tables, 80 upholstered chairs. Judge's chambers: All existing equipment and furnishings. 3. LEASE OF FACILITIES IN CIVIC CENTER BUILDING. The City of National City shall '_ease to the County of San Diego that certain portion of National City's new Civic Center more parti- cularly delineated on that map or plat attached hereto identified as Exhibit B, subject to the following terms and conditions: -4- A. TERM. Said lease shall become effective on the date that the Justice Court of the National Judicial District moves into and takes possession of those portions of National City's Civic Center Building delineated on Exhibit B 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 condi- tions contained herein, for another two year term at the end of each such two year term unless and until one of the parties hereto 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. B. USE. The leased premises, as delineated on Exhibit B, shall be made available by the City to the County on a full-time basis; provided, however, that while that area delineated on said Exhibit B as "courtroom" shall be made available for the County's use as the courtroom of the Justice Court of the National Judicial District during such time as said court is in session, it shall be available for the use of the City at all other times; should v y conflict occur or disagreement result from this joint use e matter shall be submitted to the Judge of the court for final determination. C. SERVICES. The City shall furnish the leased premises, as delineated on Exhibit B, with light, heat, water, custodial and maintenance services, air conditioning and all necessary furniture and carpeting for the courtroom, including, but not limited to, a bench, upholstered judge's chair, witness stand and seat, jury box and sufficient upholstered chairs to seat a jury, three counsel tables and fifty-six upholstered chairs. City shall also furnish adequate parking facilities to serve the needs of said court and the personnel employed by the County occupying the leased premises. During the term of this lease agreement, City shall make available and permit the use of the toilet and lavatory facilities of said Civic Center building for the employees of the County occupying the leased premises, the personnel of the Justice Court of the National Judicial District and those members of the public having business with said court or who are otherwise on the leased premises. D. RENT -PREMISES. County shall pay to the City as rent for the said leased premises, as delineated on Exhibit B, the sum of $636.50 per month. In the event that the County occupies the premises for a period of less than one calendar month, the rent shall be prorated on a daily basis at the sum of $20.90 per day for each day of such occupancy. Payment shall be made at the end of each calendar month during the terms of this lease; provided, however, that from the effective date of this lease to the first day of the following month, such rent shall be prorated on a daily basis as above specified, and provided further, that in the event of termination, payment shall be made at the end of the calendar month in which termination is made. E. TELEPHONE SERVICES. During the term of this lease, City shall provide and make available telephone services to the leased premises, adequate, in the opinion of the County Chief Admin- istrative Officer, to serve the needs of the leased premises and, for such services, County shall pay to City the sum of $68.50 per calendar month, payable at the end of the month; provided, however, that said fee may be adjusted from time to time by the City Manager of the City of National City, with the consent of the Chief Administrative Officer of the County of San Diego, in order to compensate for the actual costs to the City of providing such services; and provided further that in the event that the County occupies the premises for any period less than one calendar month, the County shall pay the City the actual costs of the City in providing such services to the leased premises for such period of time; and further provided that in addition to all other sums paid by the County under the terms and conditions of this Section 3 E, the County shall pay separately and directly to the telephone company the costs of all toll calls made from telephones located at the leased premises delineated on Exhibit B. F. ALTERATIONS. The County may install, at its own expense, all equipment and fixtures necessary for the use of said premises for the purposes herein described, but shall make no permanent alterations in or additions to said premises without the written consent of the City; all equipment and fixtures installed by the -7- County may be removed by the County, at County's own expense, within thirty days after termination of the lease of the premises delineated on Exhibit B, and any damages to the premises occasioned by such installation and removal shall be repaired by the County at County's expense. -7A- G. REPAIRS. The County shall make, at its own expense, all necessary minor repairs of the leased premises, normal wear and tear excepted; the City shall make, at its own expense, all major repairs necessary for the use of said premises except such as are necessary because of the fault or negligence of the County, which repairs shall be made by the County at County's expense. H. RECORDS AND FIL1S. The City, at City's expense, shall place in the leased premises, at locations designated by the Judge of the Justice Court of the National Judicial District, the files and records of the National City Police Court, together with the cabinets and other containers in which they are kept. 4. The movement of the Justice Court of the National Judi- cial District, and the office of the Clerk and Constable of said court, together with all furniture, files, records, office equip- ment, fixtures and all other property of whatever nature belonging to the County and now located at and/or installed in the premises described in Exhibit A, from the premises described, in Exhibit A to the premises delineated on Exhibit B, shall be made by the City, and all expenses of such movement shall be incurred and paid by the City; provided, however, that such movement shall be under the direction of the Judge of the Justice Court of the National Judicial District. 5. This agreement shall take effect on the date first above written. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials on the date first above mentioned. COUNTY OF SAN DIEGO By Chairman, Board of Supervisors CITY 0 IVAOPiA CITY By yor / 7 X if: / 2 x /? /71 DUCT SPACE 241 �szcrrac.siryy 4-C' C NAM3EP j '`23S G"nEr. CO22t Doe 20 c �'LG-F.6{�-� ® r L+ 238 /SS E O,¢ WALL BLILIFF E42 I d a" SI-IE21FF 1245 j L6 0 -4" A!R. 55 6'0" WAITING 1247 flf-k�l- "'t.2311. CO212. 239JI TELEPHONES 2� 246 UR. 1\x o.,a E N ju¢ 1 251 Q O E -SEE SNT tO 4, -1. (14 p t /, MEN Jur'Y WOMEN 2>6j CG�NT EfL CLEQK o{ the COU2.T [243 2 VAULT 24 41 51-IMF(f1 1.0 24 J r1 TQAS CLJUTE GATE GLOGET 'fE22T`� ViHvl J25Tr r---rN rPGISTtc N.1G • 2'1B' COUNTER 40 ATTORNEY j2501 ^G" ">7UD5 2=6' DUCT SPACE 252 1 ENGINEERS & ARCHITECTS SAN DIEGO, CALIFORNIA G OUf.] 1UC 3:L SHEET TITLE REVISIONS 0 ENE2AL DESK,AZEA 249 O IB F.O.C. - - NOTES: I . ALL 'JINwwS TYPE U U61LES5 NO-,'PaD W6 ea Wise.. 2. SEE SNT. A29 FCC MGT. STUDS FULL I:T. TO STrzucr. s'r TJ- 3. INTERIOR 'WALLS CENTERED ON GRID LINES, UNLESS NCTED CTk-4E2WISE- C " A t-101+024."--, C S;CON D r LOOQ PLAN 2 0 31 DATE Jk 1 z DRAWN BY Ci- ECKED BY S PS TO1 LET "1M 7 mm O O fiTN 23lj 2" S4ELF . POLE 234- ©C' ()SET c I -I 4.843Et2 r233 Co(2r2IDQQ !238 BAILIFF 242 SWE21FF .I N1 6O" <NE COUNTER Tr WAITING 247I TELEPI-IONE.S 2-2� - r UR SMEN ccota 251� a••" q memos -4' AI. la 55 INNUMNIS I 4E F 4 ! 6k, t MEN 1_235 � r scs._v=_s v .. 1Laa ' WOMEN ••B Jur2Y' e n1 232 -l. COia. 239r 238 j' ilium Imo moo COUNTER STOQAC. CLERIC_ at the. COURT 243 GATE/ � � 3'. g• 2$' _ TE¢¢,`--e.:VIHVL C1OLi iT [ ZESISTMZ , N.I C. L___l AT TOR.NEY r2501 ^c." =TU05 DUCT_SPACE 2521 COVN TC2_ �1z VAULT I244 fL L . 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