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HomeMy WebLinkAbout2007 10-30 CC CDC AGENDA PKTAgenda of a Special Meeting City Council of the City of National City Community Development Commission of the City of National City Large Conference Room / City Council Chambers Civic Center 1243 National City Boulevard Special Meeting - Tuesday — October 30, 2007 5:00 P.M. ROLL CALL COMMUNITY DEVELOPMENT COMMISSION (Large Conference Room) CLOSED SESSION Conference with Legal Counsel — Anticipated Litigation Significant Exposure to Litigation Pursuant to Government Code Section 554956.9(b) Two Potential Cases CITY COUNCIL (City Council Chambers) OPEN SESSION Resolution of the City Council of the City of National City Ratifying the Existence of a Local Emergency ADJOURNMENT Adjourned Regular City Council/CDC Meeting — Tuesday, October 30, 2007 - 6:00 p.m. - Council Chambers, Civic Center COPIES OF THE CITY COUNCIL MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.ci.national-city.ca.us City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 30, 2007 AGENDA ITEM NO. f ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RATIFIYING THE EXISTENCE OF A LOCAL EMERGENCY PREPARED BY Leslie Deese (Ext. 424 — DEPARTMENT City Manager Claudia G. Silva (Ext. 4222) I City Attorney EXPLANATION In response to the Harris Fire and Witch Creek Fire, on October 21, 2007 the Director of Emergency Services of the County of San Diego proclaimed a local emergency, and on that date the Governor proclaimed a state of emergency in Southern California. On October 23, 2007, the President of the United States signed a declaration of emergency for California due to wild fires. Also on that date, the City Manager's Office of the City of National City, acting as the City's Director of Emergency Services, proclaimed the existence of a local emergency. The proposed resolution would ratify the proclamation of the existence of a local emergency within the City of National city. The need for continuance of the local emergency may be reviewed at regularly scheduled Council meetings. Environmental Review J N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt resolution BOARD / COMMISSION RECOMMENDATION N/A ( ATTACHMENTS ( Listed Below) Resolution No. Proclamation of Local Emergency by Director of Emergency Services Resolution Ratifying the Existence of a local emergency A-200 (9/99) PROCLAMATION WHEREAS, Ordinance No. 1335, Section 2.48.060 of the City of National City Municipal Code empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when said City is affected or likely to be affected by a public calamity and the City Council is not in session, and; WHEREAS, the Director of Emergency Services of the City of National City does hereby find; That conditions of extreme peril to the safety of persons and property have arisen within said City, caused by fire; which began on the 21st day of October, 2007, and; That these conditions are or are likely to he beyond the control of the services, personnel, equipment, and facilities of said City, and; That the City Council of the City of National City is not in session and cannot immediately be called into session; NOW, THEREFORE, IT IS (HEREBY PROCLAIMED that a local emergency now exists throughout said City, and; hI' IS FURTIIER PROCLAIMED AND ORDERED that during the existence of said local emergency the powers, functions, and duties of the emergency organization of this City shall he those prescribed by state law, by ordinances, and resolutions of this City, and; That this emergency proclamation shall expire in 7 days after issuance unless confirmed and ratified by the governing body of the City of National City. Dated: October aa, 2007 Director of Emergency Services Print Name � e Address _la 3___Pt )craL C.1.4 kYahC4 C , CA ' l GI 50 RESOLUTION NO. 2007 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RATIFYING THE EXISTENCE OF A LOCAL EMERGENCY WHEREAS, Section 2.48.060 of the National City Municipal Code empowers the Director of Emergency Services of the City of National City to proclaim the existence or threatened existence of a local emergency when the city is affected or likely to be affected by a public calamity and the City Council is not in session, subject to ratification by the City Council within seven days; and WHEREAS, conditions of extreme peril to the safety of persons and property have arisen within said City, caused by fires known as the Harris Fire and Witch Creek Fire that began on the 21st day of October, 2007, at which time the City Council was not in session, and; WHEREAS, on October 21, 2007, the Director of Emergency Services for the County of San Diego proclaimed a local emergency in response to the Harris and Highway 78 wildfires; and, WHEREAS, on October 21, 2007, the Govemor of the State of California proclaimed a state of emergency in Southern California due to the wildfires; and, WHEREAS, on October 23, 2007, the President of the United States of America signed a declaration of emergency for California due to wildfires; and, WHEREAS, the City Council finds that these conditions of extreme peril did warrant and necessitate the proclamation of the existence of a local emergency, and; WHEREAS, on October 23, 2007, the Director of Emergency Services of the City of National City did proclaim the existence of a local emergency due to the wildfires. NOW, THEREFORE, IT IS HEREBY PROCLAIMED AND ORDERED that the proclamation of a local emergency by the Director of Emergency Services of the City of National City is hereby ratified, and that the need for continuance of this local emergency shall be reviewed at regularly scheduled City Council meetings until the local emergency terminates and its termination is proclaimed by the City Council of the City of National City. PASSED and ADOPTED this 30th day of October, 2007. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California ADDED WIETI COUNCIL AGENDA STATEMENT MEETING DATE 10/30/2007 AGENDA ITEM NO. ITEM TITLE Resolution Ratifying a Lease Agreement between the City of National City and AT&T Services, Inc., for use of the Transit Center Property and a Portion of the Building located at 522 W. 8th Street to be used as a Staging Area for Emergency Operations PREPARED BY Leslie Deese 336-4242 EXPLANATION Please see attached Staff Report. DEPARTMENT City Manager Environmental Review ✓ N/A Financial Statement The City will receive $25,000 per month in rent. Account No. STAFF RECOMMENDATION Adopt Resolution BOARD 1 COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Staff Report 2. Resolution 3. Letter & Proposed Contract A-200 (9/80) Staff Report: AT&T Services, Inc. desires to lease the parcel on which the Transit Center is located, 522 West 8th Street, together with a portion of the Transit Center building, for a staging area for emergency operations that AT&T is providing the San Diego region for communications and other related uses related to the recent wildfires in the San Diego region. Staff met over the weekend with AT&T representatives to discuss the short term use of the Transit Center in order to help facilitate relief efforts. Due to the urgency of the situation, Mayor Morrison executed the Agreement on October 27, 2007. Staff therefore requests that the Council ratify the Agreement. The highlights of the Lease Agreement include the following terms and conditions: Lease: The Agreement includes the parcel of land on which the Transit Center is located, 522 West 8th Street, together with a portion of the Transit Center building, which includes use of the restrooms, break room, and administrative office space as highlighted in Exhibit "C" in the attached Agreement. Term: The term is for a period of three (3) months, commencing on October 27, 2007 and month -to -month thereafter as required. Rent: AT&T will pay rent in the amount of $25,000 per month. Utilities: Monthly rent is exclusive of all utilities. AT&T shall pay its own water, electricity, gas, sewer service and telephone service. Insurance: All standard insurance coverages and indemnifications have been required. RESOLUTION NO. 2007- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RATIFYING A LEASE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND AT&T SERVICES, INC., FOR USE OF THE CITY'S TRANSIT CENTER PROPERTY AND A PORTION OF THE BUILDING LOCATED AT522 WEST EIGHTH STREET TO BE USED AS A STAGING AREA FOR EMERGENCY OPERATIONS WHEREAS, the City is the owner of the real property and improvements known as the "Transit Center" located at 522 West 8th Street in the City of National City; and WHEREAS, AT&T Services, Inc. desires to lease the parcel on which the Transit Center is located, together with a portion of the Transit Center building, for a staging area for emergency operations related to the wildfires in the San Diego region and in connection with its communications business; and WHEREAS, the City is willing to lease the parcel on which the Transit Center is located, together with a portion of the Transit Center building, to AT&T for the purpose described above. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City does hereby ratify the Lease Agreement, executed by the Mayor on October 27, 2007, with AT&T Services, Inc. for the use of the City's Transit Center property and a portion of the building located at 522 West 8"' Street, for a staging area for emergency operations related to the wildfires in the San Diego region and in connection with AT&T's communications business. PASSED and ADOPTED this 30"' day of October, 2007. RON MORRISON, MAYOR ATTEST: MICHAEL DALLA, CITY CLERK APPROVED AS TO FORM: GEORGE H. EISER, III -CITY ATTORNEY LEASE AGREEMENT This Lease Agreement ("Lease") is entered into this 27th day of October, 2007, by and between the City of National City ("Landlord") and AT&T Services, Inc., a Delaware corporation ("Tenant"). RECITALS A. Landlord is the owner of the real property known as the "Transit Center" ("Landlord's Property") located at 522 West 8th Street in the City of National City, San Diego County; State of California. Tenant desires to lease the parcel on which the Transit Center is located, together with a portion of the Transit Center building for a staging area for emergency operations related to the wildfires in the San Diego region and in connection with its communications business. C. Accordingly, the parties are entering into this Lease on the terms and conditions set forth below. AGREEMENT In consideration of their mutual covenants, the parties agree as follows: 1. Lease: In consideration of the rent and other payments and covenants of Tenant hereinafter set forth, and upon the following terms and conditions, 1.,andlord hereby leases to 'Tenant and Tenant hereby leases from Landlord the parcel of real property described in the attached Exhibit "A" and as shown on the attached Exhibit "B", together with the portion of the Transit Center building shown on the attached F?xhibit "C" located in the City of National City, and referred to as the "1,cased Premises". Landlordreserves the right to require Tenant to relocate its staging area to another location on Landlord's Property so long as the other location provides equivalent amenities. 2. Term. The Term of the Lease shall be for a period of three months, commencing on October 27, 2007 (the "Commencement Date"). Upon expiration of the initial Term, the tenancy shall continue month to month on the same terms and conditions as set forth herein, terminable by either party upon thirty (30) days' written notice to the other party. 3. Rent. a. 'Tenant shall pay Landlord rent on a monthly basis for the Leased Premises in the sum of Twenty-five Thousand Dollars ($25,000). per month ("Rent"). National CitylAT&T Lease 1 Tenant shall pay Landlord Rent for the first two months on the Commencement Date. Rent shall be due on the first day of each month, thereafter. b. Tenant shall pay Landlord a late payment charge equal to five percent (5%) of the late payment for any payment not paid within ten (10) days after written notice that such amount is due. c. Upon termination of this Lease for any reason, Tenant shall remove its equipment, personal property, and leasehold improvements from the Leased Premises on or before the date of termination, and shall repair any damage to Leased Premises and its landscape or hardscape caused by such equipment, normal wear and tear and damage by insured casualty excepted; all -at Tenant's sole cost and expense: --Any such property or facilities which are not removed by Tenant within sixty (60) days of the termination of the lease may, at Landlord's option, be removed by Landlord within sixty (60) days of termination of the Lease and stored at Tenant's expense, with 'Tenant reimbursing Landlord for the costs of removal within thirty (30) days atter such costs are incurred by Landlord. d. Intentionally Deleted 4. Taxes. Tenant recognizes and understands that this Lease may create a possesory interest subject to property taxation and that Tenant may be subject to the payment of property taxes levied on such interest. Tenant further agrees to pay any and all property taxes, if any, assessed during the term of this Lease pursuant to Section 107 and 107.1 of the Revenue and Taxation Code against Tenant's possesory interest in the Leased Premises. 5. Use of Leased Premises. a. Tenant shall use the Leased Premises for the operation of a staging area related to emergency services that AT&T is providing the San Diego region for communications, related to the wildfires in San Diego County, and commonly known as the Harris and Witch Creek fires and other related uscs. Tenant shall exercise due diligence, in utilizing the Leased Premises as to not interfere with utilization of the remainder of the Landlord's Property by Landlord, and Tenant agrees to comply with any rules and regulations that Landlord may promulgate at. any time in reference to utilization of Landlord's Property so long as those rules do not unreasonably interfere with Tenant's rights to operate its emergency staging area. 6. Construction: a. Prior to commencing construction. Tenant shall obtain a Building Permit from the National City Department of Building and Safety and a National City/AT&T Lease 2 Construction Permit from the National City Engineering Department for any improvements, if required. Tenant shall obtain the Landlord's prior written approval of the Construction Drawings for any of 'Tenant's improvements or site preparations before commencing such activities and shall be responsible for any environmental review relating to such improvements or site preparations subject to landlord's approval. All improvements shall be constructed by Tenant, at Tenant's sole cost and expense. Landlord may condition its approval on Tenant taking steps reasonably necessary to protect Landlord's property and to comply with all conditions of any subsequently granted discretionary approval. Improvements of the site shall be at Tenant's sole expense, including any structural reinforcement necessary to support Tenant's equipment, and `'euarrt shall maintain the Leased Prerntses-throughoutlhe teiu► in -mod and safe condition, free of litter or other items relating to Tenant's use, and so as not to create unsafe conditions or an interference with access for any Tenants or other parties, and with all visible areas maintained in a condition at least equal to that of the other facilities on the Property. h. Tenant's installation of any improvements shall be done according to plans approved by Landlord. Any damage done to the Leased Premises during installation and/or during operations shall be repaired or replaced immediately at Tenant's expense and to Landlord's sole satisfaction. Tenant shall pay all cost and expenses in relation to maintaining the integrity of Landlord's property in connection With Tenant's installation and operations of the emergency staging area. c. Each and every contractor, subcontractor and/or supplier engaged in the installation of any equipment shall have or obtain a current National City Business License. The Business License is not required of any subcontractor or supplier who delivers material and/or equipment with the Tenant'scontractor's or subcontractor's vehicle or with a common carrier. 7. Maintenance and Operations. a. Tenant shall, at its own expense, maintain the Leased Premises in a safe condition, and in good repair so as to not to conflict with the use of or leasing of the remainder of the Landlord's Property by Landlord; provided however, that nothing in this Lease shall require Tenant to perform or pay for any repair or maintenance item which would properly be classified as a capital item under generally accepted accounting principles (GAAP). b. Tenant shall have sole responsibility for the maintenance, repair, and security of its equipment, personal property, and leasehold improvements, and shall keep the same in good repair and condition during the Lease term. Tenant shall be responsible for any damage or loss to Landlord's equipment and personal property, whether located on the Leased Premises, National City/AT&T Lease 3 or on the portion of Landlord's property at 522 West 8°i Street not occupied by Tenant pursuant to this Lease caused by Tenant's use of the Leased Premises as an emergency staging area. c. Tenant shall keep the Leased Premises free of graffiti, debris and anything of a dangerous noxious or offensive nature or which create a hazard or undue vibration, heat, noise or interference which is caused by Tenant. d. In the event Landlord or another tenant of Landlord's undertakes painting, construction or other alterations in the vicinity of the Leased Property, upon receipt of written notice al least five (5) business days in advance of the painting, construction or other alterations, Tenant shall take reasonable -rneasures at-Tenant's-rest-tr cover-T-enant's equipment and personal property, and protect such from paint and debris fallout which may occur during painting, construction or alteration process. 8. Premises Access. Landlord will have access to the Leased Premises at all times and may examine and inspect the Tenant's facilities for safety reasons or to ensure that the Tenant's covenants are being met. In exercising this right of access to the Leased Premises, Landlord and its employees, agents or contractors shall not damage nor interfere with Tenant's equipment or ongoing operations therein. 9. Utilities. Monthly rent is exclusive of all utilities. "Tenant shall pay direct to the public utility company providing all services and utilities provided to the Leased Premises and separately metered or sub -metered, including without limitation, water, electricity, gas, sewer service and telephone service. 10. Permits and Business License Fees. Tenants shall pay, as they become due and payable, all business license taxes, fees, charges, taxes and expenses required for licenses and/or permits required for or occasioned by Tenant" use of the Leased Premises. 11. Compliance with Laws. Tenant shall, at its own cost and expense, comply with all applicable laws, ordinances, rules and regulations of govenunental authorities ("Applicable Laws"): (i) regarding the physical condition of the Leased Premises, but only to the extent the Applicable Laws pertain to the particular manner in which Tenant uses the Leased Premises; or (ii) that do not relate to the physical condition of the Leased Premises but relate to the lawful use of the Leased Premises and with which only the occupant can comply, such as laws governing. maximum occupancy, workplace smoking and illegal business operations, such as gambling. National City/AT&T Lease 4 12. Default by Tenant and Landlord's Remedies. it shall he a default if Tenant fails to pay Rent or any other sums to Landlord after written notice that such sums are overdue, and does not cure such default within ten (10) days of such notice; or, if Tenant defaults in the performance of any other covenant or conditions of this Lease and does not cure such other default within thirty (30) days after written notice From Landlord specifying the default complained of, provided, however, that if the nature of Tenant's default of a non -monetary obligation is such that more than thirty (30) days are reasonably required for its cure, then Tenant shall not he deemed to be in default if Tenant commences such cure within said thirty (30) day period and thereafter diligently pursues such cure to completion; or if Tenant abandons or vacates the Leased Premises; or if Tenant is adjudicated a bankrupt or makes any assignment for the benefit of creditors; or if Tenant becomes insolvent. - if suit shall be brought by Landlord for recovery of possession of the property for the recovery of any rent or any other amount due under the provisions of this Lease, or because of the breach of any other covenant, Tenant shall pay to Landlord all expenses incurred therefore, including reasonable attorney's fees, provided that Landlord is the substantially prevailing party in said suit. 13. Cured by Landlord. In the event of a default, Landlord shall have the right, at its option, in addition to and not exclusive of any other remedy Landlord may have by operation of law, without any further demand of notice, to either: (a) terminate Tenant's right to possession of the Leased Premises by any lawful means, in which rase this Lease shall terminate and Tenant shall immediately surrender possession to Landlord. In such event, Landlord shall be entitled to recover from Tenant (i) the amount of the unpaid rent accrued through the date of termination, (ii) the worth at the time of award of the amount by which the unpaid rent reserved for the balance of the term exceeds the amount of such rental loss that the Tenant proves could be reasonably avoided (net the costs of rcletting), and (iii) any other amount necessary to compensate Landlord for all detriment proximately caused by Tenant's failure to perform its obligations under the Lease; or (b) pursue any other remedy now or hereafter available under the laws or judicial decisions of the State of California. 14. Condemnation. In the event that all or part of the Leased Premises or any interest of Tenant in the Leased Premises is taken by eminent domain by the City of National City or any other governmental agency, quasi-governmentalagency or other public body thereby making it physically or financially unfeasible, as determined by Tenant in its sole discretion, for the Leased Premises to be used in the manner it was intended to be used by Tenant under this Lease, Tenant shall have the right to terminate this Lease effective as of the date the condemning agency takes possession of the Leased Premises, and the rent shall be equitably prorated. Tenant shall riot be entitled to any portion of the award paid for the taking, and landlord shall receive the entire of such award. Tenant hereby expressly waives any right of claim for loss of business goodwill. All damages National City/AT&T Lease 5 awarded as compensation for diminution in value of the leasehold or to the Landlord's Property shall belong to the Landlord. If only a portion of the Leased Premises is_ taken by eminent domain, and Tenant elects not to terminate this Lease under this provision, then rental payments provided under this Lease shall be reduced proportionally as to the portion taken which is not then usable by Tenant and this Lease shall continue in effect. 15. Indemnity and Insurance. a. Disclaimer of Liability. Landlord shall not at any time he liable for injury or damage occurring to any person or property from any cause whatsoever arising out of Tenant's construction, maintenance, repair, use, operation, conditionis ing o he Leased Prises or Ienanii's emergency staging area except to the extent caused by Landlord's negligence or willful misconduct. h. Indemnification. Tenant shall, at its sole cost and expense, defend, indemnify and hold harmless Landlord and its officials, boards, commissions, employees, agents, attorneys, and contractors (hereinafter referred to as "indemnitees"), from and against: Any and all liability, obligation, damages, penalties claims, lien, costs, charges, loses and expenses including, without limitation, reasonable fees and expenses of attomeys, expert witnesses and consultants), which may be imposed upon, incurred by or be asserted against the indemnitees by reason of the negligence or willful misconduct of Tenant, its personnel, employees, agents, contractors or subcontractors, resulting in personal injury, bodily injury, sickness, disease or death to any person or damage to, Toss of or destruction of tangible or intangible property, libel, slander, invasion of privacy and unauthorized use of any trademark, trade name, copyright, patent, service mark or any other right of any person, firm or corporation, which may arise out of or be in any way connected with the construction, installation, operation, maintenance, use or condition of the Leased Premises or Tenant's emergency staging area or Tenant's failure to comply with any federal, state or local statute, ordinance or regulation. ii. Any and all liabilities, obligations, damages, penalties, claims, liens, costs charges, losses and expenses (including without limitations, reasonable fees and expenses- of attorneys, expert witnesses and other consultants), which are imposed upon, incurred by or asserted against the indemnitees by reason of any claim or licn arising out of work, labor, materials or supplies provided or supplied to Tenant, its contractors or subcontractors, for the installation, construction, operation, maintenance or use of National City/AT&T Lease the Leased Premises or Tenant's emergency staging area, and, upon the written request of Landlord, Tenant shall cause such claim or lien covering Landlord's property to be discharged or bonded within thirty (30) days following such request. iii. Any and all liability, obligation, damages, penalties, claims liens costs, charges losses and expense (including without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants), which may be imposed upon, incurred by or he asserted against the indemnitees by reason of any financing or securities offering by Tenant or its affiliates for violation of the common law or any laws, statutes, or regulations of the State of --Califi»nia nr—l3nited States, including those of the Federal - Securities and exchange Commission, whether by Tenant or otherwise but only as such liability, obligation, damages, penalties, claims liens costs, charges losses and expense directly pertains to this lease. iv. Tenant's obligations to indemnify indemnitees under this Lease shall not extend to claims, losses, and other matters covered hereunder to the extent such claims arise out of the negligence or willful misconduct of one or more indemnitees. c. Assumption of Risk. Tenant undertakes and assumes for its officers, agents, affiliates, contractors and subcontractors and employees (collectively "Tenant" for the purpose of this section), all risk of dangerous conditions, if any, on or about the Leased Premises, and Tenant hereby agrees to indemnify and hold harmless the Landlord against and from any claim asserted or liability imposed upon the indemnitees for personal injury or property damage to any person other than from indemnitee's negligence or willful misconduct arising out of the Tenant's use of the Leased Premises as an emergency staging area or Tenant's failure to comply with any federal, state or local statute, ordinance or regulation. d. Defense of Landlord. In the event any action or proceeding shall be brought against the landlord by reason of any matter for which the Landlord is indemnified hereunder, Tenant shall, upon notice from Landlord, at Tenant's sole cost and expense, resist and defend the same with legal counsel mutually selected by Tenant and Landlord; provided however, that Tenant shall not admit liability in any such matter on behalf of the Landlord without the written consent of Landlord and provided farther that Landlord shall not admit liability for, nor enter into any compromise or settlement of, any claim for which it is indemnified hereunder, without the prior written consent of Tenant. National City/AT&T Lease 7 e. Notice, Cooperation and Expenses. Landlord shall give Tenant prompt notice of the making of any claim or the commencements of any action, suit or other proceeding covered by the provisions of this paragraph. Nothing herein shall be deemed to prevent Landlord from cooperating with Tenant and participating in the defense of any litigation by Landlord's own counsel. f. Insurance. During the term of the Lease, Tenant shall maintain, or cause to he maintained, in full force and effect and at its sole cost and expense, the following types and limits of insurance: Worker's compensation insurance meeting applicable statutory requements and employer's liability insurance with minimum limits of One Hundred Thousand Dollars ($100,000) for each accident. ii. Comprehensive commercial general liability insurance with minimum limits of Three Million Dollars ($3,000,000) as the combined single limit for each occurrence of bodily injury, personal injury and property damage. The policy shall provide blanket contractual liability insurance for all written contracts, and shall include coverage for products and completed operations liability, independent contractor's liability; coverage for property damage from perils of explosion, collapse or damage to underground utilities, commonly known as XCU coverage. iii. Automobile liability insurance covering all owned, hired, and non - owned vehicles in use by Tenant, its employees and agents, with personal protection insurance and property protection insurance to comply with the provisions of state law with minimum limits of Two Million Dollars ($2,000,000) as the combined single limit for each occurrence for bodily injury and property damage. iv. At the start of and during the period of any construction, builders all-risk insurance, together with an installation floater or equivalent property coverage covering cables, materials, machinery and supplies of any nature whatsoever which are to he used in or accidental to the installation of improvements. v. All policies other than for Worker's Compensation shall be written on an occurrence and not on claims made basis. vii. The coverage amounts set forth above may be met by a combination of underlying and umbrella policies so long as in combination the limits equal or exceed those stated. National City/AT&T Lease 8 g. viii. Tenant shall furnish certificates of insurance to Landlord before commencement of work. Named Insurefis. All policies, except .for business interruption and worker's compensation policies, shall name Landlord and its officials, boards, commissions, employees, agents and contractors, as their respective interests may appear, as additional insureds (herein referred to as the "Additional insureds"). Each policy which is to be endorsed to add Additional insureds shall contain cross -liability wording, as follows: "In the event of a claim being made hereunder by one insured for which another insured iv or may be liable, then this policy shall cover such insured against whom a- claim is or may lie manner a.' separate policies had been issued to each insured hereunder." h. Evidence of Insurance. Certificates of insurance of each insurance policy required to be obtained by Tenant in compliance with this insurance policy required to be obtained by Tenant in compliance with this paragraph, along with written evidence of payment of required premiums shall be filled and maintained with Landlord annually during the term of the Lease. Tenant shall immediately advise Landlord of any claim or litigation that may result in liability to Landlord. i. Cancellation of Policies of Insurance. All insurance, policies maintained pursuant to this Lease shall contain the following endorsement: "At least sixty (60) days prior written notice shall he given to Landlord by the insurer of any intention not to renew such policy or to cancel, replace or materially alter same, such notice to be given by registered mail to the parties named in this paragraph of the Lease." Insurance Companies. All insurance shall be affected under valid and enforceable policies, insured by insurers reasonably acceptable by Landlord's Risk Manager. k. Deductibles. All insurance policies may be written with deductibles consistent with Tenant's internal risk management policies. Tenant agrees to indemnify and save harmless Landlord, the indemnitees and Additional Insured from and against the payment deductible and from the payment of any premium on any insurance policy required to be furnished by this Lease. 1. Notwithstanding anything to the contrary, nothing contained in this Lease shall require Tenant to obtain any insurances coverages which do no meet Tenant's internal risk management policies.. If Tenant's internal policies National city/AT&T Lease 9 do not meet the coverages required by this Lease, Tenant shall provide coverages reasonably acceptable to Landlord's Risk Manager. m. Intentionally Deleted. 16. Hazardous Substance Indemnification. Tenant represents and warrants that its use of the Leased Premises herein will not generate any hazardous substance, and it will not store or dispose on the Leased Premises nor transport to or over the Building any hazardous substance other than. Tenant further agrees to defend, irtdenmify and hold harmless Landlord and its officials, hoards, commissions, employees, agents and contractors from, and remediate the property from, any release of any such hazardous substance by Tenant or anyone acting on behalf of euaut, td-any damage, loss of expense of liability resulting fron such- release by Tenant or anyone acting on behalf of Tenant, including all attomey's fees, costs and penalties incurred as a result thereof, except any release caused by the negligence of Landlord, its employees or agents. "Hazardous substance" shall be interpreted broadly to mean any substance or material defined or designated as hazardous or toxic waste, hazardous, hazardous or toxic or radioactive substance, or other similar term by any federal, state or local environmental law, regulation or rule presently in effect or promulgated in the future, as such laws, regulations, or rules may be amended from time to time; and shall be interpreted to include, but not be limited to, any substance which after release intotheenvironment will or may reasonably he anticipated to cause sickness, death or disease. Notwithstanding anything to the contrary contained in the Lease, Tenant shall have the right to use, store or bring to or across the Premises, such Hazardous Materials as are commonly found in the telecommunications and other products and equipment to be used by Tenant for emergency operations related to the wildfires in the San Diego region and in connection with its communications business (including, without limitation, batteries, computer chips and components, radio transmission equipment and materials, and office supplies and cleaning products), provided such use is done in accordance with all applicable laws, codes and regulations. Notwithstanding anything to the contrary contained in the Lease, Landlord hereby releases Tenant from any and all liability for, and covenants not to sue Tenant with respect to, all damages, liabilities, judgments, costs, claims, liens, expenses, penalties, loss of permits and attorneys' and consultants' fees arising out of or involving (i) any Hazardous Material or storage tank located or brought onto the Premises prior to the Commencement Date; and (ii) any Hazardous Materials or storage tanks located or brought onto the Premises by anyone other than Tenant, its agents employees or contractors [these next two paragraphs may apply if they are setting up .any antennas, signals, etc. l'rn not sure if they are, but if so, these should be included.] 17. Electromagnetic Field (EMF) Indemnification. Tenant shall comply with all present and future laws, orders, and regulations relating to Electromagnetic Fields (EMFs"), and the American National Standard Institute (ANSI) standards. National City/AT&1' Lease 10 Tenant, on behalf of itself and its successors and assigns, shall defend, indemnify and hold harmless landlord and its officials, boards, commissions, employees, agents and contractors from and against all claims of injuries due to EMFs to the extent such personal injuries are asserted to be caused by Lessee's failure to comply with such laws, with Tenant's obligation to include payment of Lessor's reasonable attorney fees and costs. Landlord and Tenant shall mutually select the attorney to defend against all such claims. 18. Cathodic, Interference Protection. Tenant has been advised and understands and agrees not to create any interference of any kind with the City's signals and further agrees to immediately correct any interference that may result from Tenant's equipment or to immediately cease all operations of Tenant's equipment until non-interference with the City's signals have has been obtained to the' satisfaction of the City Manager or his designee. 19. Brokers. Each patty hereto represents and warrants to the other that it has not dealt with any broker in connection with the Leased Premises or this Lease. Each party hereto hereby indemnifies and holds the other harmless from and against any liability for commissions due any broker of finder with whom such party has dealt in connection with this Lease. 20. Subordination to Mortgage. Any mortgage now or subsequently placed upon any properties of which the Leased Premises is a part shall be deemed to be prior in time and senior to the rights of Tenant under this Lease. Tenant subordinates all of its interest in the leasehold estate created by this Lease to the lien of any such mortgage so long as such encumbrancer recognizes this Lease and Tenant's right to occupy the Leased Premises. Tenant shall, at Landlord's request, execute any additional documents necessary to indicate this subordination. 21. Intentionally Deleted 22. Acceptance of Premises. By taking possession of the Leased Premises, Tenant accepts the Leased Premises in the condition existing as of the Conunencement date. Landlord makes no representations or warranty as to the condition of the Leased Premises, and Landlord shall not he liable for any latent or patent defect in the Leased Premises, except as otherwise stated herein. 23. Estoppel Certificate. Tenant shall, at any time and from time to time upon not less than ten (10) days prior request by Landlord, deliver to Landlord a statement in writing certifying that (a) the Lease is unmodified and in full force; (b) the dates to which rent and other charges have been paid; (c) as for the person making the certificate knows, Landlord is not in default under any provisions of the Lease; and (d) such other matters as Landlord may reasonably request. National City/AT&T Lease 1 1 24. Notices. All notices, request, demands, and other communications hereunder shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses; If to Landlord, to: Chris Zapata City Manager City of National City 1243 National City Boulevard National City, CA 91950-4301 With a -copy to: Joe Smith Director of Public Works City of National City 1243 National City Boulevard National City, CA 91950-4301 If to "Tenant: AT&T Services Inc. 100 N. Stoneman, Room 130' Alhambra, CA 91801 Phone: (626) 308-8506 Attn: Linda Rankin With a Copy to: General Attorney: Real Estate ATT Services Inc 175 B. Houston San Antonio, Texas 78205 Attn: Legal Department 31. Assignment. a. Tenant may not assign this Lease or sublease the Leased Premises at any time without Landlord's consent. b. Nothing in this Lease shall preclude Landlord from leasing other space to any person or entity that may be in competition with Tenant, or any other party. 25. Successors and Assigns. This lease shall be binding upon and inure to the benefit of the parties, their respective successors, personal representatives and assigns. National City/AT&T Lease I 26. Recordation. This Lease may he recorded by either party hereto. 27. Miscellaneous. a. Landlord and Tenant represent that each, respectively, has full right, power, and authority to execute this Lease. b. This Lease constitutes the entire agreement and understanding of the parties and supersedes all offers, negotiations, and other agreements of any kind. There are no representations or understandings of any kind not set forth herein. Any modifications of or amendment to this Lease must be in --writing and exe..uted by both parties. c. This Lease shall he construed in accordance with the laws of the State of California. d. If any term of this Lease is found to be void or invalid, such invalidity shall not effect the remaining terms of this Lease, which shall continue in full force and effect. e. The captions used herein are provided for reference only and they do not constitute a part of this Lease or any indication of the intentions of the parties hereto, f. Any amendment to this Lca..se shall he in writing, otherwise it shall have no force or effect. g. This Lease may be signed in counterparts. 28. Quiet Possession. The Landlord hereby warrants and represents that there are no liens, encumbrance or exceptions to property title as of the date of this lease that would interfere with Tenant's rights hereunder and that Landlord has the legal right and title to enter into this Lease. 29. Memorandum of Lease. Following the execution of this Lease, either party at its sole expense, shall he entitled to record a short form Memorandum of Lease in the county in which the Leased Premises are located. 30. Fixtures. Landlord agrees that no part of the improvements constructed, erected or placed by Tenant on the Leased premises shall be or become, or he considered as being, affixed to, or part of Landlord's real property, and any and all provisions and principles of law to the contrary not withstanding, it being the specific intention of Landlord to covenant and agree that all improvements of every kind and nature constructed, erected, or placed by Tenant on the Premises, shall he and remain the property of the Tenant. National City/AT&T Lcasc 13 31. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof,_or any amendments hereto. This lease was executed as of the date first set forth above. LANDLORD CITY OF NATIONAL CITY B on Morrison, Mayor TENANT AT&T Services Inc., a Delaware corporation By: Name: M tc t4Ata- JbWSZ _ Title: RE6Le7N/rL, itM J,A-6'. - � RA`1�' y}L By: Name: Title: Date: APPROVED AS TO FORM: George. H. .iser,.Ilf City Attorney National City/AT'&i Lease 14 Parcel 2 of Parcel Map No. 2066, in the City of National City, County of San Diego, State of California, said Map on file in the Office of the County Recorder of San Diego County, being a Division of Blocks 137, 182, 183 and 184, Map 348, filed in the Office of County Recorder of San Diego County, together with closed portions of Ninth and Tenth Streets and Wilson Avenue., closed to public use, all in National City. Exhibit "A" f • • • .f',J. "if • r../• !I✓.'I .VJ,.fif .r/I/OJ Mq!••l• • :.•I •! ./! •� .6 /11 HA* Ji.Y/Yf %•MIJ. J';filfd i/!i•.1'r'r:r p'fO/r. JIJ N�'�l JJr IIKvw nn'I//1M, J rc.0gr1.. ' .1 0A , I 1 1 1 1 1 1 IiNre--Rsra nS'11•f:411.f. 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