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HomeMy WebLinkAboutCC RESO 9166RESOLUTION NO. 9166 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 be authorized to execute 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. PASSED AND ADOPTED this 19th day of July, 1966. ATTEST: 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 sub- division of the State of California, sometimes hereinafter re- ferred to as "County" and the CITY OF NATIONAL CITY, a municipal corporation, sometimes hereinafter referred to as "City" W I T N E S S E T H: WHEREAS, the City of National City and the County of San Diego entered into a lease agreement dated December 4, 1951, wherein the County leased certain premises from the City for purposes of operating the Justice Court of the National Judicial District, said lease being for a period of ten years commencing January 1, 1952; and WHEREAS, said lease was amended by 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 a new lease wherein the County shall lease such portions of City's new Civic Center Building, as more particularly delineated on the map or plat attached hereto and marked Exhibit Al upon the terms and conditions as hereinafter more specifically set forth; NOW THEREFORE IT IS AGREED by and between the parties hereto as follows: 1. By mutual agreement of the parties hereto that certain agreement between the County of San Diego and the City of 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No. , as modified and amended on 1 APPROVALS December 7, 1954, January 23, 1957 and October 10, 1961, is hereby rescinded and henceforth, for all purposes, shall be deemed null and void. 2. LEASE OF FACILITIES IN CIVIC CENTER BUILDING. The City of National City shall lease to the County of San Diego that certain portion of National City's new Civic Center more par- ticularly delineated on that map or plat attached hereto identified as Exhibit A, subject to the following terms and conditions: A. TERM. 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 con- tinue 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 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 A, 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 A 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 any conflict occur or disagreement result from this joint use, the 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 A, with light, heat, water, custodial -2- 1 APPROVALS CII and maintenance services, air conditioning and all necessary fur- niture 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 facil- ities 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 A, 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. Payments shall be made at the end of each calendar month during the terms of this lease; pro- vided, 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 -3- 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 pro- viding 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 2 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 A. 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 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 A, and any damages to the premises occasioned by such installation and removal shall be repaired by the County at County's expense. 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. -4- 1 a' APPROVALS I. - cY v H. RECORDS AND FILES. 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. I. INDEMNIFICATION. (1) County shall indemnify and save free and harmless City, its authorized agents, officers and employees against loss from any liability imposed by law for damages on account of bodily injury, including death, to any person or persons or for damages to any property of any person occurring on the leased premises resulting from or arising out of County's failure to keep said premises in good repair as required of County by Sections 1F and 1G of this agreement or otherwise resulting from or arising out of the willful or negligent act or acts of County, its agents, officers or employees on the leased premises. (2) City shall indemnify and save free and harmless County, its authorized agents, officers and employees against loss from liability imposed by law for damages on account of bodily injury, including death, to any person or persons or for damages to any property belonging to any person occurring on the leased premises resulting from or arising out of City's failure to keep said premises in good repair as required of City by Sections 1F and 1G of this agreement, or otherwise resulting from or arising out of the willful or negligent acts of City, its agents, officers or employees on either the leased premises or elsewhere on the premises of National City's Civic Center. City shall further indemnify and save free and harmless County from any liability imposed by law for damages on account of bodily injury, including death, or for damages to any property occurring 5- C :MAB anywhere on the premises of the National City Civic Center, other than those areas leased to the County under the terms of this agreement as delineated on Exhibit A, for any reason whatsoever except those resulting from or arising out of the willful or negligent act or acts of the County, its agents, officers or employees. 3. 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 OF NATIONAL CITY By Mayor 1 APPROVALS (Div' 54 LEG%aN COUNCIL t = F2-(711 1. RAIL •d; Iw FDRMATIDN 0 CL cr . VOTE r RAIL. --+ -Tp- — --1- io n ! 12 S 714. -x s E. i I. r-L/Cs.. 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