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HomeMy WebLinkAbout2007 CON American Medical Response - Lease Station 31LEASE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND AMERICAN MEDICAL RESPONSE This Lease is made and entered into this 16th day of January, 2007, by and between the City of National City, hereinafter, ("Landlord") and American Medical Response Ambulance Service, dba American Medical Response (hereinafter, "Tenant"). 1. Lease. In consideration of the rent and other payments and covenants of Tenant hereinafter set forth, and upon the following terms and conditions, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord those positions of the building (the "Building") as identified by the Landlord and all other improvements now or hereafter located thereon, located at 2333 Euclid Avenue, National City, CA (Said Building and other improvements being hereinafter sometimes collectively referred to as the "Leased Premises"), all as shown as the attached Exhibit "A", which is incorporated herein by reference. 2. Term. The minimum Term of the Lease shall be for a period of one (1) year, commencing on January 16, 2007 (the "Commencement Date"). Upon expiration of the initial Term, this lease 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. Use of the Premises. Tenant may use the Premises to house a medical transportation business, and for any other uses permitted by law. Tenant employees must abide by Landlord policies, procedures and regulations. 4. Rent. Tenant covenants and agrees to pay Landlord as rent for the Premises during the Term the sum of $1,965.00, payable monthly in advance on the first day of each month commencing on the Commencement Date (or appropriate pro rata proportion thereof for any portion of a month at the beginning or end of the. Term). Beginning with the first anniversary of the Commencement Date, the Rent paid shall be increased by five percent (5%) each year. All rental payments shall be made to Landlord at its address set forth in Section 28 below, or such other address as Landlord may hereafter designate in writing to Tenant. 5. Indemnity and Insurance. a. Disclaimer of Liability. Landlord shall not at any time be 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, condition or dismantling of the Leased Premises except to the extent caused by Landlord's negligence or willfull misconduct. Property: NCFD Station 34 Located at 2333 Euclid Avenue Page 1 Lease Agreement between City of National City and American Medical Response b. 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, losses and expenses including without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants, which may arise out of or be in any way connected with the Tenant's construction, installation, operation, maintenance, use, or condition of the Lcased Premises caused by Tenant or Tenant's failure to comply with any federal, state or local statute, ordinance or regulation. ii. 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 of more indemnitees. c. Assumption of Risk. Subject to Landlord's obligation to indemnify Tenant for Hazardous Materials as set forth in Paragraph 26 herein, Tenant undertakes and assumes for its officers, agents, affiliates, contractors and subcontractors and employees (collectively "Tenant" for the purpose of this section), all risks 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 gross negligence or willful misconduct) arising out of the Tenant's installation, operation, maintenance, condition or use of the Leased Premises, 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 written consent of Landlord and provided further 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. 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. Property: NCFD Station 34 Located at 2333 Euclid Avenue Page 2 Lease Agreement between City of National City and American Medical Response f. Insurance. During the term of the Lease, Tenant shall maintain, or cause to be maintained, in full force and affect and at its sole cost and expense, the following types and limits of insurance: i. Worker's compensation insurance meeting applicable statutory requirements 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 Two Million Dollars ($2,000,000) 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 be used in or accidental to the installation of improvements. Upon completion of the installation of the improvements, Tenant shall substitute for the foregoing insurance policies of fire, extended coverage and vandalism and malicious mischief insurance on the Leased Premises. The amount of insurance at all times shall be representative of the insurable values installed or constructed. v. All policies other than for Worker's Compensation shall be written on an occurrence and not on claims made basis. vi. 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. vii. Tenant shall furnish certificates of insurance to Landlord before commencement of the Lease term. Property: NCFD Station 34 Located at 2333 Euclid Avenue Page 3 Lease Agreement between City of National City and American Medical Response g. Named Insureds. All policies, except for 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"). h. Evidence of Insurance. Certificates of Insurance of each 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. Cancellation of Policies of Insurance. All insurance policies maintained pursuant to this Lease shall contain the following endorsement: "At least thirty (30) days' prior written notice shall be 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." J. Insurance Companies. All insurance shall be affected under valid and enforceable policies, insured by insurer's licenses to do business by the State of California or surplus carriers on the State of California Insurance Commissioner's approval list of companies qualified to do business in the State of California. All insurance carriers and surplus line carriers shall be rated A+ or better by A.M. Best Company, or as otherwise approved by Landlord's Risk Manager. k. Deductibles. Tenant agrees to indemnify and save harmless Landlord, the indemnitees and Additional Insureds from and against the payment deductible and from the payment of any premium on any insurance policy required to be furnished by the Lease. 1. Contractors. Tenant shall require that each and every one of its contractors and their subcontractors who perform work on the Leased Premises to carry, in full force and effect, workers' compensation, comprehensive public liability and automobile liability insurance coverages of the type which Tenant is required to obtain under the terms of this paragraph with appropriate limits of insurance. m. Review of Limits. Once during each calendar year during the term of this Lease or any renewal thereof, Landlord may review the insurance coverages to be carried by Tenant. If landlord determines that higher limits of coverage are necessary to protect the interests of Landlord or the Additional Insureds, Tenant shall be so notified and shall obtain the additional limits of insurance at its sole cost and expense. 6. Utilities and Services. Monthly rent is inclusive of all utilities with the exception of Cable Television. Landlord shall pay direct to the public utility company providing all Property: NCFD Station 34 Page 4 Lease Agreement between City of Located at 2333 Euclid Avenue National City and American Medical Response services and utilities provided to the Premises and separately metered or sub -metered, including without limitation, water, electricity, gas, sewer service and local telephone service. 7. 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. 8. Representations and Warranties of Landlord. Landlord represents and warrants to Tenant that: (i) Landlord (a) has power adequate for the execution, delivery and performance of its obligations under this Lease; (b) has taken all necessary action required to make this Lease the valid and enforceable obligation it purports to be; (ii) this Lease has been duly executed and delivered by Landlord; (iii) the structural support elements of the Building and the nonstructural components of the Building, including, without limitation, the mechanical systems, plumbing, lighting, air conditioning, ventilation, electricity, walls (interior and exterior), foundation, ceilings, roofs (interior and exterior), floors, windows, doors, landscaping, driveways, parking lots, heating and loading doors of the Building shall, on the Commencement Date, be in good repair and operating condition and comply in all material with respects with all applicable laws, ordinances and regulations; and (iv) applicable laws, ordinances, regulations and restrictive covenants permit the Premises to be used for a medical transportation business. 9. Repairs and Maintenance. From and after the Commencement Date and during the Term, Tenant shall, at its own cost and expense, make interior nonstructural repairs, replacements and renewals necessary to keep the Premises in as good condition, order and repair as the same are at the Commencement Date or thereafter may be put, reasonable wear and use and damage by fire or other casualty only excepted. From and after the Commencement Date and during the Term, Landlord shall, at its own cost and expense, make all necessary repairs, replacements and renewals, interior and exterior, structural and nonstructural to: (i) keep the roof of the Building free of leaks and to maintain the foundation, floor slabs and other structural supports of the Building in good and sound condition; and (ii) keep all electrical, mechanical, heating, ventilating and air conditioning, plumbing and any other systems serving the Building and the driveways, sidewalks, parking areas, sprinklers and other improvements on the Premises in as good condition, order and repair as the same are at the Commencement Date or thereafter may be put. 10. Alterations by Tenant; Signs. Tenant shall not make, or permit to be made, any major structural alterations, additions, or improvements to the Premises, except with the prior written consent of Landlord, provided that such structural alterations, additions or improvements do not adversely affect the Premises or the value thereof. 'Tenant agrees that no sign, advertisement or notice shall be inscribed, painted, or affixed on or to any part of the outside of the Leased Premises without the prior written consent of the Landlord. Property: NCFD Station 34 Located at 2333 Euclid Avenue Page 5 Lease Agreement between City of National City and American Medical Response 11. Landlord's Access. Tenant agrees to permit Landlord or its authorized representatives to enter the Premises at all times with the exception of dormitory rooms during normal sleep times (except in the case of an emergency) for the purposes of inspecting the same, repair and, within a period commencing 3 months prior to the expiration of the term if no notice of renewal has been given to Landlord by Tenant, of exhibiting the same to prospective tenants; provided, however, that in connection with the exercise by Landlord of its right of access hereunder, Landlord shall use all reasonable efforts to minimize any interference with the conduct of business at the Premises by Tenant. 12. 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 -governmental agency 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 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 not be entitled to any portion of the award paid for the taking, (except for personal property of Tenant), and Landlord shall receive the remainder of such award. Tenant hereby expressly waives any right of claim for loss of business or goodwill. All damages 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 their 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. 13. Landlord's Covenant of Quiet Enjoyment; Title. Landlord covenants that it has good and clear record and marketable title to the Premises and that Tenant, upon paying the rent and performing and observing all of the other covenants and provisions hereof, may peaceably and quietly hold and enjoy the Premises for the Term as aforesaid, subject, however, to all of the terms and provisions of this Lease. 14. Tenant's Obligation to Quit. Tenant shall, upon termination of this Lease, leave and peaceably and quietly surrender and deliver to Landlord the Premises and all improvements, buildings and fixtures hereon or constituting a part thereof and any replacements or renewals thereof in as good condition, order and repair as the same were at the Commencement Date or thereafter may have been put, reasonable wear and use and damage by fire or other casualty only excepted. Notwithstanding the foregoing, Tenant shall have the right at the expiration of earlier termination of the Term to remove from the Premises Tenant's trade fixtures, equipment and personal property, provided that Tenant repairs any damage caused by such removal. Property: NCFD Station 34 Located at 2333 Euclid Avenue Page 6 Lease Agreement between City of National City and American Medical Response 15. Transfers of Tenant's Interest. Tenant shall not assign its interest in this Lease or sublease all or any part of the Premises without the prior written consent of Landlord. Notwithstanding the foregoing, Tenant may without either notice to or the consent of Landlord, assign this Lease to a successor corporation or entity in connection with any merger, consolidation, reorganization or other corporate restructuring of Tenant, or any sale of all or substantially all of the stock or assets of Tenant, provided only that the successor corporation or entity acquiring Tenant's stock or assets agrees to be bound by all of the terms and provisions of this Lease for the benefit of Landlord. 16. Transfers of Landlord's Interest. Landlord may sell, mortgage or further encumber its interest in the Premises provided that any such sale, mortgage or further encumbrance shall be subject to Tenant's interests under and pursuant to this Lease. 17. Tenant's Default; Landlord's Remedies. If Tenant shall default in the payment of any rent and such default shall continue for fifteen (15) days after written notice to Tenant from Landlord of such default; or if Tenant shall default in the observance of any of the other covenants contained in this Lease and on Tenant's part to be performed or observed and shall fail, within thirty (30) days after written notice to Tenant from Landlord of such default, to cure such default (or, if such default is not susceptible of cure within thirty (30) days, to commence such cure within said thirty (30) day period and thereafter to pursue such cure to completion); or if the estate hereby created shall be taken on execution, or by other process of law; or if Tenant shall be found by a court of competent jurisdiction to be bankrupt or insolvent, then and in any of said cases, Landlord may, to the extent permitted by law, immediately or at any time thereafter while the situation still exists, enter into and upon the Premises, or any part thereof in the name of the whole, and repossess the same as of Landlord's former estate, and expel Tenant and those claiming through or under Tenant and remove its effects without being deemed guilty of any manner of trespass, and without prejudice to any remedies which might otherwise be used for arrears of rent or preceding breach of covenant, and upon entry as aforesaid this Lease shall terminate. In the event of any such termination or repossession, Tenant shall pay to Landlord, in advance on the first day of each month, for what would have been the entire balance of the Term, one -twelfth (1/12) (and a pro rata portion' thereof for any fraction of a month) of the rent and all other amounts for which Tenant is annually obligated hereunder, less, in each case, the actual net receipt by Landlord by reason of any good faith reletting of the Premises. 18. Estoppel Certificates. Landlord and Tenant hereby agree from time to time, and each upon not less than ten (10) days' prior written notice from the other, to execute, acknowledge and deliver, without charge, to the other part, or any other person designated by the other party, a statement in writing certifying: that this Lease is unmodified and in full force and effect (or if there have been modifications, identifying the same by the date thereof and specifying the nature thereof); that to the knowledge of such party there exists no defaults (or if there be any defaults, specifying the same); the amount of the rent, the dates to which the rent and other sums and charges payable Property: NCFD Station 34 Located at 2333 Euclid Avenue Page 7 Lcasc Agreement between City of National City and American Medical Response hereunder have been paid; and that such party to its knowledge has no claims against the other party hereunder except for the continuing obligations under this Lease (of if such party has any such claims, specifying the same). 19. Bind and Inure. All of the covenants and agreements set forth herein shall be considered as running with the Land and shall extend to, bind and inure to the benefit of Landlord and Tenant, which terms as used i.n this Lease shall include their respective successors, and where the context so admits, assigns. 20. Captions. 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. 21. Integration. The parties acknowledge that all prior written and oral agreements between them and all prior representations made by either party to the other with respect to the subject matter hereof have been incorporated into this instrument or otherwise satisfied prior to the execution hereof. 22. Severability; Choice of Law. If any provision of this Lease shall be declared to be void or unenforceable either by law or by a court of competent jurisdiction, the validity or enforceability of remaining provisions shall not thereby be affected. This Lease shall be construed in accordance with the domestic substantive laws of the State of California without giving effect to any choice or conflict of laws. 23. Notice of Lease. The parties hereby agree, at the request of either, to execute, acknowledge and deliver in recordable form a notice of lease and such other notices as may from time to time be necessary for the protection of any interest of Landlord or Tenant. 24. Brokers. Each party hereto represents and warrants to the other that it has not dealt with any broker in connection with the 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. 25. Compliance with Laws and Regulations. Tenant shall, at its own cost and expense, comply with all applicable laws, ordinances, rules and regulations of governmental authorities ("Applicable Laws"): (i) regarding the physical condition of the Premises, but only to the extent the Applicable Laws pertain to the particular manner in which Tenant uses the Premises; or (ii) that do not relate to the physical condition of the Premises but relate to the lawful use of the Premises and with which only the occupant can comply, such as laws governing maximum occupancy, workplace smoking and illegal business operations, such as gambling. 26. Hazardous Substances. Tenant shall indemnify, protect and hold harmless Landlord and each of its respective subsidiaries from and against all costs and damages incurred by Landlord in connection with the presence, emanation, migration, disposal, release or threatened release of any oil or other petroleum products or hazardous materials or Property: NCFD Station 34 Located at 2333 Euclid Avenue Page 8 Lease Agreement between City of National City and American Medical Response substances on, within, or to or from the Premises as a result of (i) the operations of the Tenant after the Commencement Date, and (ii) the activities of third parties affiliated with Tenant or invited on the Premises by Tenant. Landlord shall indemnify, protect and hold harmless Tenant and each of its respective subsidiaries and affiliates from and against all costs and damages incurred by Tenant in connection with the presence, emanation, migration, disposal, release or threatened release of any oil or other petroleum products or hazardous materials or substances on, within, or to or from the Premises as a result of (i) any activity or action by any party prior to the Commencement Date; (ii) the condition of the Premises prior to the Commencement Date, including any future manifestations of such conditions; or (iii) the activities of Landlord or the activities of any third party not affiliated with Tenant and not invited on the Premises by Tenant. Each party agrees that such party will promptly give written notice to the other party of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Premises and any hazardous substance or environmental law of which such party has actual notice. 27. Acceptance of Premises. By taking possession of the Leased Premises, Tenant accepts the Leased Premises in the condition existing as of the Commencement Date. Landlord makes no representations or warranty as to the condition of the Leased Premises, and Landlord shall not be liable for any latent or patent defect in the Leased Premises, except as otherwise stated herein. 28. Authority to Bind Tenant. Tenant represents and warrants that it has the full right, power and authority, acting through its designated representatives, to execute this Lease. 29. Recordation. This Lease may be recorded. 30. Notices. All notices and other communications hereunder shall be in writing and shall be deemed to be given when delivered in fully legible form with a copy by certified mail, return receipt requested. Notices shall be addressed to Landlord or Tenant at is address set forth above and with copies to: In case of Landlord: In case of Tenant: Fire Chief National City Fire Department 140 East 12th Street, Suite A National City, CA 91950-3312 Lou Meyers CEO, Northern Pacific Region American Medical Response 7575 Southfront Road Livermore, CA 94554-8226 Page 9 Property: NCFD Station 34 Located at 2333 Euclid Avenue Lease Agreement between City of National City and American Medical Response ion Morrison, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney Either party may change the address to which notices are to be sent to it by providing notice of same to the other party in accordance with the provisions of this Section. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed under seal as of the date first above written. CITY OF NATIONAL CITY AMERICAN MEDICAL RESPONSE AMBULANCE SERVICE, INC. Lou Meyer , Vice Pres • ent Property: NCFD Station 34 Page 10 Lease Agreement between City of Located at 2333 Euclid Avenue National City and American Medical Response ADDENDUM Rent payments for Station 31, located at 2333 Euclid Avenue, National City, California are to go into affect as of July 1, 2007. Due to rental prepayments by American Medical Response, the first rental payment per this agreement for Station 31 to be transmitted to National City Fire Department prior to July 1, 2007. RESOLUTION NO. 2007 — 17 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND AMERICAN MEDICAL RESPONSE IN THE AMOUNT OF $23,580 TO LEASE SPACE FOR ONE AMBULANCE AND TWO AMERICAN MEDICAL RESPONSE PARAMEDICS AT FIRE STATION NO. 31 LOCATED AT 2333 EUCLID AVENUE WHEREAS, on July 1, 2006, the City entered into an Agreement with American Medical Response (AMR) to provide Advance Life Support (ALS) ambulance service to the residents and visitors of National City; and WHEREAS, to facilitate ambulance service, the City entered into a Lease Agreement with AMR on August 7, 2006, to house AMR ambulance Unit No. 417 at Fire Station No. 34 located at 343 East 16th Street; and WHEREAS, the National City Fire Department and AMR desire to enter into a Lease Agreement for the housing of ambulance Unit No. 418 at Fire Station No. 31 located at 2333 Euclid Avenue. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Lease Agreement between the City and American Medical Response in the amount of $23,580 to lease space for one ambulance and two AMR paramedics at Fire Station No. 31 located at Euclid Avenue. Said Lease Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 6th day of February 2Q07. Ron Morrison, Mayor ATTEST: Mic =el R. Dalla, C. Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on February 6, 2007, by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Parra, Ungab, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California City CIrk of the City o'f National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2007-17 of the City of National City, California, passed and adopted by the Council of said City on February 6, 2007. City Clerk of the City of National City, California By: Deputy MEETING DATE 02/06/07 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 7 ITEM TITLE Resolution of the City Council of the City of National City Authorizing the Mayor to Execute a Lease Agreement Between the City of National City and American Medical Response to Lease Space for One Ambulance and Two American Medical Response Paramedics at Station #31 (2333 Euclid Avenue) for $23,580 Annually per this Lease Agreement PREPARED BY DEPARTMENT Fire Donald Condon, EXPLANATION Battalion Chief, 336-4552 The City on July 1, 2006 entered into an agreement with American Medical Response (AMR) to provide Advance Life Support (ALS) ambulance service to the residents and visitors of National City. To facilitate ambulance service in District 34, AMR requested approval through a lease agreement between the City of National City and American Medical Response to house AMR ambulance unit #417 at Fire Station #34 (343 East 16th Street). This lease was approved by City Council on August 7, 2006. AMR operates two ALS ambulances within National City. AMR, under our previous agreement, has been housing ambulance unit #418 at Fire Station #31 (2333 Euclid Avenue). AMR is requesting authorization under a new lease agreement to continue to house ambulance unit #418 at Fire Station #31 (2333 Euclid Avenue). Environmental Review N/A Financial Statement The lease agreement will generate $23,580 annually. Funds will be posted in the Fire Department's EMT-D fund to support the Department's emergency medical services. >STAFF RECOMMENDATION Account No. Authorize Staff to implement the lease agreement between the City of National City and American Medical Response. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below ) 1. Lease Agreement 2. Resolution. Resolution No. A-200 (9/80) LEASE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND AMERICAN MEDICAL RESPONSE This Lease is made and entered into this 16th day of January, 2007, by and between the City of National City, hereinafter, ("Landlord") and American Medical Response Ambulance Service, dba American Medical Response (hereinafter, "Tenant"). 1. Lease. In consideration of the rent and other payments and covenants of Tenant hereinafter set forth, and upon the following terms and conditions, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord those positions of the building (the "Building") as identified by the Landlord and all other improvements now or hereafter located thereon, located at 2333 Euclid Avenue, National City, CA (Said Building and other improvements being hereinafter sometimes collectively referred to as the "Leased Premises"), all as shown as the attached Exhibit "A", which is incorporated herein by reference. 2. Term. The minimum Term , of the Lease shall be for a period of one (1) year, pommencing on January 16, 2007 (the "Commencement Date"). Upon expiration of the initial Term, this lease 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. Use of the Premises. Tenant may use the Premises to house a medical transportation business, and for any other uses permitted by law. Tenant employees must abide by Landlord policies, procedures and regulations. 4.- Rent. Tenant covenants and agrees to pay Landlord as rent for the Premises during the Term the sum of $1,965.00, payable monthly in advance on the first day of each month commencing on the Commencement Date (or appropriate pro rata proportion thereof for any portion of a month at the beginning or end of the. Term). Beginning with the first anniversary of the Commencement Date, the Rent paid shall be increased by five percent (5%) each year. All rental payments shall be made to Landlord at its address set forth in Section 28 below, or such other address as Landlord may hereafter designate in writing to Tenant. 5. Indemnity and Insurance. a. Disclaimer of Liability. Landlord shall not at any time be 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, condition or dismantling of the Leased Premises except to the extent caused by Landlord's negligence or willful' misconduct. Property: NCFD Station 34 Located at 2333 Euclid Avenue Page 1 Lease Agreement between City of National City and American Medical Response b. 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, losses and expenses including without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants, which may arise out of or be in any way connected with the Tenant's construction, installation, operation, maintenance, use, or condition of the Leased Premises caused by Tenant or Tenant's failure to comply with any federal, state or local statute, ordinance or regulation. ii. 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 willfull misconduct of one of more indemnitees. c. Assumption of Risk. Subject to Landlord's obligation to indemnify Tenant for Hazardous Materials as set forth in Paragraph 26 herein, Tenant undertakes and assumes for its officers, agents, affiliates, contractors and subcontractors and employees (collectively "Tenant" for the purpose of this section), all risks 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 gross negligence or willful misconduct) arising out of the Tenant's installation, operation, maintenance, condition or use of the Leased Premises, 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 written consent of Landlord and provided further 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. 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. Property: NCFD Station 34 Located at 2333 Euclid Avenue Page 2 Lease Agreement between City of National City and American Medical Response f. Insurance. During the term of the Lease, Tenant shall maintain, or cause to be maintained, in full force and affect and at its sole cost and expense, the following types and limits of insurance: i. Worker's compensation insurance meeting applicable statutory requirements 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 Two Million Dollars ($2,000,000) 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 be used in or accidental to the installation of improvements. Upon completion of the installation of the improvements, Tenant shall substitute for the foregoing insurance policies of fire, extended coverage and vandalism and malicious mischief insurance on the Leased Premises. The amount of insurance at all times shall be representative of the insurable values installed or constructed. v. All policies other than for Worker's Compensation shall be written on an occurrence and not on claims made basis. vi. 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. vii. Tenant shall furnish certificates of insurance to Landlord before commencement of the Lease term. Property: NCFD Station 34 Located at 2333 Euclid Avenue Page 3 Lease Agreement between City of National City and American Medical Response Named Insureds. All policies, except for 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"). h. Evidence of Insurance. Certificates of Insurance of each 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. Cancellation of Policies of Insurance. All insurance policies maintained pursuant to this Lease shall contain the following endorsement: "At least thirty (30) days' prior written notice shall be 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." J• g. Insurance Companies. All insurance shall be affected under valid and enforceable policies, insured by insurer's licenses to do business by the State of California or surplus carriers on the State of California Insurance Commissioner's approval list of companies qualified to do business in the State of California. All insurance carriers and surplus line carriers shall be rated A+ or better by A.M. Best Company, or as otherwise approved by Landlord's Risk Manager. k. Deductibles. Tenant agrees to indemnify and save harmless Landlord, the indemnitees and Additional Insureds from and against the payment deductible and from the payment of any premium on any insurance policy required to be furnished by the Lease. 1. Contractors. Tenant shall require that each and every one of its contractors and their subcontractors who perform work on the Leased Premises to carry, in full force and effect, workers' compensation, comprehensive public liability and automobile liability insurance coverages of the type which Tenant is required to obtain under the terms of this paragraph with appropriate limits of insurance. m. Review of Limits. Once during each calendar year during the term of this Lease or any renewal thereof, Landlord may review the insurance coverages to be carried by Tenant. If landlord determines that higher limits of coverage are necessary to protect the interests of Landlord or the Additional Insureds, Tenant shall be so notified and shall obtain the additional limits of insurance at its sole cost and expense. 6. Utilities and Services. Monthly rent is inclusive of all utilities with the exception of Cable Television. Landlord shall pay direct to the public utility company providing all Property: NCH) Station 34 Page 4 Lease Agreement between City of Located at 2333 Euclid Avenue National City and American Medical Response services and utilities provided to the Premises and separately metered or sub -metered, including without limitation, water, electricity, gas, sewer service and local telephone service. 7. 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. 8. Representations and Warranties of Landlord. Landlord represents and warrants to Tenant that: (i) Landlord (a) has power adequate for the execution, delivery and performance of its obligations under this Lease; (b) has taken all necessary action required to make this Lease the valid and enforceable obligation it purports to be; (ii) this Lease has been duly executed and delivered by Landlord; (iii) the structural support elements of the Building and the nonstructural components of the Building, including, without limitation, the mechanical systems, plumbing, lighting, air conditioning, ventilation, electricity, walls (interior and exterior), foundation, ceilings, roofs (interior and exterior), floors, windows, doors, landscaping, driveways, parking lots, heating and loading doors of the Building shall, on the Commencement Date, be in good repair and operating condition and comply in all material with respects with all applicable laws, ordinances and regulations; and (iv) applicable laws, ordinances, regulations and restrictive covenants permit the Premises to be used for a medical transportation business. 9. Repairs and Maintenance. From and after the Commencement Date and during the Term, Tenant shall, at its own cost and expense, make interior nonstructural repairs, replacements and renewals necessary to keep the Premises in as good condition, order and repair as the same are at the Commencement Date or thereafter may be put, reasonable wear and use and damage by fire or other casualty only excepted. From and after the Commencement Date and during the Term, Landlord shall, at its own cost and expense, make all necessary repairs, replacements and renewals, interior and exterior, structural and nonstructural to: (i) keep the roof of the Building free of leaks and to maintain the foundation, floor slabs and other structural supports of the Building in good and sound condition; and (ii) keep all electrical, mechanical, heating, ventilating and air conditioning, plumbing and any other systems serving the Building and the driveways, sidewalks, parking areas, sprinklers and other improvements on the Premises in as good condition, order and repair as the same are at the Commencement Date or thereafter may be put. 10. Alterations by Tenant; Signs. Tenant shall not make, or permit to be made, any major structural alterations, additions, or improvements to the Premises, except with the prior written consent of Landlord, provided that such structural alterations, additions or improvements do not adversely affect the Premises or the value thereof. 'Tenant agrees that no sign, advertisement or notice shall be inscribed, painted, or affixed on or to any part of the outside of the Leased Premises without the prior written consent of the Landlord. Property: NCFD Station 34 Located at 2333 Euclid Avenue Page 5 Lease Agreement between City of National City and American Medical Response 11. Landlord's Access. Tenant agrees to pennit Landlord or its authorized representatives to enter the Premises at all times with the exception of dormitory rooms during normal sleep times (except in the case of an emergency) for the purposes of inspecting the same, repair and, within a period commencing 3 months prior to the expiration of the term if no notice of renewal has been given to Landlord by Tenant, of exhibiting the same to prospective tenants; provided, however, that in connection with the exercise by Landlord of its right of access hereunder, Landlord shall use all reasonable efforts to minimize any interference with the conduct of business at the Premises by Tenant. 12. 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 -governmental agency 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 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 not be entitled to any portion of the award paid for the taking, (except for personal property of Tenant), and Landlord shall receive the remainder of such award. Tenant hereby expressly waives any right of claim for loss of business or goodwill. All damages 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 their 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. 13. Landlord's Covenant of Quiet Enjoyment; Title. Landlord covenants that it has good and clear record and marketable title to the Premises and that Tenant, upon paying the rent and performing and observing all of the other covenants and provisions hereof, may peaceably and quietly hold and enjoy the Premises for the Term as aforesaid, subject, however, to all of the terms and provisions of this Lease. 14. Tenant's Obligation to Ouit. Tenant shall, upon termination of this Lease, leave and peaceably and quietly surrender and deliver to Landlord the Premises and all improvements, buildings and fixtures hereon or constituting a part thereof and any replacements or renewals thereof in as good condition, order and repair as the same were at the Commencement Date or thereafter may have been put, reasonable wear and use and damage by fire or other casualty only excepted. Notwithstanding the foregoing, Tenant shall have the right at the expiration of earlier termination of the Term to remove from the Premises Tenant's trade fixtures, equipment and personal property, provided that Tenant repairs any damage caused by such removal. Properly: NCFD Station 34 Page 6 Located at 2333 Euclid Avenue National City and American Medical Response Lease Agreement between City of 15. Transfers of Tenant's Interest. Tenant shall not assign its interest in this Lease or sublease all or any part of the Premises without the prior written consent of Landlord. Notwithstanding the foregoing, Tenant may without either notice to or the consent of Landlord, assign this Lease to a successor corporation or entity in connection with any merger, consolidation, reorganization or other corporate restructuring of Tenant, or any sale of all or substantially all of thc stock or assets of Tenant, provided only that the successor corporation or entity acquiring Tenant's stock or assets agrees to be bound by all of the terms and provisions of this Lease for the benefit of Landlord. 16. Transfers of Landlord's Interest. Landlord may sell, mortgage or further encumber its interest in the Premises provided that any such sale, mortgage or further encumbrance shall be subject to Tenant's interests under and pursuant to this Lease. 17. Tenant's Default; Landlord's Remedies. If Tenant shall default in the payment of any rent and such default shall continue for fifteen (15) days after written notice to Tenant from Landlord of such default; or if Tenant shall default in the observance of any of the other covenants contained in this Lease and on Tenant's part to be performed or observed and shall fail, within thirty (30) days after written notice to Tenant from Landlord of such default, to cure such default (or, if such default is not susceptible of cure within thirty (30) days, to commence such cure within said thirty (30) day period and thereafter to pursue such cure to completion); or if the estate hereby created shall be taken on execution, or by other process of law; or if Tenant shall be found by a court of competent jurisdiction to be bankrupt or insolvent, then and in any of said cases, Landlord may, to the extent permitted by law, immediately or at any time thereafter while the situation still exists, enter into and upon the Premises, or any part thereof in the name of the whole, and repossess the same as of Landlord's former estate, and expel Tenant and those claiming through or under Tenant and remove its effects without being deemed guilty of any manner of trespass, and without prejudice to any remedies which might otherwise be used for arrears of rent or preceding breach of covenant, and upon entry as aforesaid this Lease shall terminate. In the event of any such termination or repossession, Tenant shall pay to Landlord, in advance on the first day of each month, for what would have been the entire balance of the Term, one -twelfth (1/12) (and a pro rata portion thereof for any fraction of a month) of the rent and all other amounts for which Tenant is annually obligated hereunder, less, in each case, thc actual net receipt by Landlord by reason of any good faith reletting of the Premises. 18. Estoppel Certificates. Landlord and Tenant hereby agree from time to time, and each upon not less than ten (10) days' prior written notice from the other, to execute, acknowledge and deliver, without charge, to the other part, or any other person designated by the other party, a statement in writing certifying: that this Lease is unmodified and in full force and effect (or if there have been modifications, identifying the same by the date thereof and specifying the nature thereof); that to the knowledge of such party there exists no defaults (or if there be any defaults, specifying the same); the amount of the rent, the dates to which the rent and other sums and charges payable Propcity: NCFD Station 34 Located at 2333 Euclid Avenue Page 7 Lease Agreement between City of National City and American Medical Response hereunder have been paid; and that such party to its knowledge has no claims against the other party hereunder except for the continuing obligations under this Lease (of if such party has any such claims, specifying the same). 19. Bind and Inure. All of the covenants and agreements set forth herein shall be considered as running with the Land and shall extend to, bind and inure to the benefit of Landlord and Tenant, which terms as used in this Lease shall include their respective successors, and where the context so admits, assigns. 20. Captions. 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. 21. Integration. The parties acknowledge that all prior written and oral agreements between them and all prior representations made by either party to the other with respect to the subject matter hereof have been incorporated into this instrument or otherwise satisfied prior to the execution hereof. 22. Severability; Choice of Law. If any provision of this Lease shall be declared to be void or unenforceable either by law or by a court of competent jurisdiction, the validity or enforceability of remaining provisions shall not thereby be affected. This Lease shall be construed in accordance with the domestic substantive laws of the State of California without giving effect to any choice or conflict of laws. 23. Notice of Lease. The parties hereby agree, at the request of either, to execute, acknowledge and deliver in recordable form a notice of lease and such other notices as may from time to time be necessary for the protection of any interest of Landlord or Tenant. 24. Brokers. Each party hereto represents and warrants to the other that it has not dealt with any broker in connection with the 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. 25. Compliance with Laws and Regulations. Tenant shall, at its own cost and expense, comply with all applicable laws, ordinances, rules and regulations of governmental authorities ("Applicable Laws"): (i) regarding the physical condition of the Premises, but only to the extent the Applicable Laws pertain to the particular manner in which Tenant uses the Premises; or (ii) that do not relate to the physical condition of the Premises but relate to the lawful use of the Premises and with which only the occupant can comply, such as laws governing maximum occupancy, workplace smoking and illegal business operations, such as gambling. 26. Hazardous Substances. Tenant shall indemnify, protect and hold harmless Landlord and each of its respective subsidiaries from and against all costs and damages incurred by Landlord in connection with the presence, emanation, migration, disposal, release or threatened release of any oil or other petroleum products or hazardous materials or Property: NCFD Station 34 Located at 2333 Euclid Avenue Page 8 Lease Agreement between City of National City and American Medical Response substances on, within, or to or from the Premises as a result of (i) the operations of the Tenant after the Commencement Date, and (ii) the activities of third parties affiliated with Tenant or invited on the Premises by Tenant. Landlord shall indemnify, protect and hold harmless Tenant and each of its respective subsidiaries and affiliates from and against all costs and damages incurred by Tenant in connection with the presence, emanation, migration, disposal, release or threatened release of any oil or other petroleum products or hazardous materials or substances on, within, or to or from the Premises as a result of (i) any activity or action by any party prior to the Commencement Date; (ii) the condition of the Premises prior to the Commencement Date, including any future manifestations of such conditions; or (iii) the activities of Landlord or the activities of any third party not affiliated with Tenant and not invited on the Premises by Tenant. Each party agrees that such party will promptly give written notice to the other party of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Premises and any hazardous substance or environmental law of which such party has actual notice. 27. Acceptance of Premises. By taking possession of the Leased Premises, Tenant accepts the Leased Premises in the condition existing as of the Commencement Date. Landlord makes no representations or warranty as to the condition of the Leased Premises, and Landlord shall not be liable for any latent or patent defect in the Leased Premises, except as otherwise stated herein. 28. Authority to Bind Tenant. Tenant represents and warrants that it has the full right, power and authority, acting through its designated representatives, to execute this Lease. 29. Recordation. This Lease may be recorded. 30. Notices. All notices and other communications hereunder shall be in writing and shall be deemed to be given when delivered in fully legible form with a copy by certified mail, return receipt requested. Notices shall be addressed to Landlord or Tenant at is address set forth above and with copies to: In case of Landlord: In case of Tenant: Fire Chief National City Fire Department 140 East 12th Street, Suite A National City, CA 91950-3312 Lou Meyers CEO, Northern Pacific Region American Medical Response 7575 Southfront Road Livermore, CA 94554-8226 Page 9 Property: NCFD Station 34 Located at 2333 Euclid Avenue Lease Agreement between City of National City and American Medical Response Either party may change the address to which notices are to be sent to it by providing notice of same to the other party in accordance with the provisions of this Section. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed under seal as of the date first above written. CITY OF NATIONAL CITY AMERICAN MEDICAL RESPONSE AMBULANCE SERVICE, INC. Ron Morrison, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney Property: NCFD Station 34 Located at 2333 Euclid Avenue Page 10 ou 1 eyer , Vice P -si ent Lease Agreement between City of National City and American Medical Response NCFD Fire Station 31 2333 Euclid Avenue Fire Station NCFD AMR Bedroom • • AMR Stoma 3'x12' NCFD AMR Office Spaca Exhibit "A" AMR Bathroom AMR Bedroom Apparatus Floor AMR Ambulance Parking North NCFD Engine 31 ADDENDUM Rent payments for Station 31, located at 2333 Euclid Avenue, National City, California are to go into affect as of July 1, 2007. Due to rental prepayments by American Medical Response, the first rental payment per this agreement for Station 31 to be transmitted to National City Fire Department prior to July 1, 2007. RESOLUTION NO. 2007 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND AMERICAN MEDICAL RESPONSE IN THE AMOUNT OF $23,580 TO LEASE SPACE FOR ONE AMBULANCE AND TWO AMERICAN MEDICAL RESPONSE PARAMEDICS AT FIRE STATION NO. 31 LOCATED AT 2333 EUCLID AVENUE WHEREAS, on July 1, 2006, the City entered into an Agreement with American Medical Response (AMR) to provide Advance Life Support (ALS) ambulance service to the residents and visitors of National City; and WHEREAS, to facilitate ambulance service, the City entered into a Lease Agreement with AMR on August 7, 2006, to house AMR ambulance Unit No. 417 at Fire Station No. 34 located at 343 East 16th Street; and WHEREAS, the National City Fire Department and AMR desire to enter into a Lease Agreement for the housing of ambulance Unit No. 418 at Fire Station No. 31 located at 2333 Euclid Avenue. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Lease Agreement between the City and American Medical Response in the amount of $23,580 to lease space for one ambulance and two AMR paramedics at Fire Station No. 31 located at Euclid Avenue. Said Lease Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 6th day of February 2007. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Dalla, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 March 6, 2007 Lou Meyers CEO, Northern Pacific Region American Medical Response 7575 Southfront Road Livermore, CA 94554-8226 Dear Mr. Meyers, On February 6, 2007, Resolution No. 2007-17 was passed and adopted by the City Council of National City, authorizing the Mayor to execute a lease agreement with American Medical Response. We are enclosing for your records a certified copy of the above Resolution and a fully executed copy of the agreement. Michael R. Dalla, CMC City Clerk Enclosure cc: Fire Department ® Recycled Paper