HomeMy WebLinkAbout2007 CON Pacific Bell - Lease Transit Center Property / 522 W. 8th St.LEASE AGREEMENT
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This Lease Agreement ("Lease") is entered into this 27th day of October, 2007, by and '►
between the City of National City ("Landlord") and trF&-Seraiees, Inc., re--1
corporation ("Tenant"). iI
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RECITALS
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A. Landlord is the owner of the real property known as the "Transit Center"
("Landlord's Property") located at 522 West 8°1 Street in the City of National City,
San Diego County, State of California.
B. 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, Landlord
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 Exhibit "C" located in the City of National City, and referred to as the
"Leased Premises".
Landlord reserves 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 Tenn of the Lease shall be for a period of three months, commencing
on October 27, 2007 (the "Commencement Date"). Upon expiration of the initial
Tenn, 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 City/AT&T Lease 1
Tenant shall pay Landlord Rent for the first two months on the Comtnencement
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 after 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 he 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 IIarris and Witch Creek fires and other
related uses.
b. 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 CityiAT&1 Lease 2
Construction Permit from the National City Engineering Department lbr
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
Tenant shall maintain the Leased Premises throughout the term in good
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.
b. 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's contractor'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 he 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 he responsible for any damage or loss to Landlord's
equipment and personal property, whether located on the Leased Premises,
National City/AT&1' Lease 3
or on the portion of Landlord's property at 522 West 8`h 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
measures at Tenant's cost to cover Tenant'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.
Compliance with Laws. Tenant shall, at its own cost and expense, comply with
all applicable laws, ordinances, rules and regulations of governmental authorities
("Applicable i.,aws"): (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 be 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 be 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 case 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 reletting), 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 -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 he equitably
prorated. Tenant shall not 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 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 or Tenant'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 attorneys, 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, loss
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 lien 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 6
the [.eased 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 tees and expenses of attorneys, expert witnesses and
consultants), which may be imposed upon, incurred by or be
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
California, or United 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 arca 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 he 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 be 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
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 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 Insureds. All policies, except for business interruption and
worker's compensation policies, shall name Landlord and its officials,
hoards, 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 is or may be liable, then this policy shall cover such
insured against whom a claim is or may be in the same manner as if
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.
J•
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,
indemnify and hold harmless Landlord and its officials, boards, 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
Tenant, and any damage, loss or expense or liability resulting from 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 he interpreted to include,
but not he limited to, any substance which after release into the environment 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. I'm not sure if they are, but if so, these should be included.]
I7. Electromagnetic Field (EMI') 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&T 1.ease 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 party 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 duc 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 he 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 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.
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 1andlord 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 E. 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 12
26. Recordation. This Lease may be 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 executed by both parties.
c. This Lease shall be 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 Lease shall he in writing, otherwise it shall have
no force or effect.
g.
This Lease may he 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 be entitled to record a short form Memorandum of Lcasc 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 he or become, or be 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/A 1 I Lease 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
Bv:
on Morrison, Mayor
APPROVED AS TO FORM:
George H. Iiser, II1
City Attorney
Natioual City/AT&T Lease
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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 pubic use,
all in National City.
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In ciudcd ka4iiin Leased Prcmiscs
RESOLUTION NO. 2007 — 245
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
RATIFYING A LEASE AGREEMENT
BETWEEN THE CITY OF NATIONAL CITY
AND PACIFIC BELL TELEPHONE COMPANY, INC.,
FOR USE OF THE CITY'S TRANSIT CENTER PROPERTY
AND A PORTION OF THE BUILDING LOCATED AT
522 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, Pacific Bell Telephone Company, 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 Pacific Bell Telephone
Company 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 Pacific Bell Telephone Company, Inc. for the use of the City's Transit Center property
and a portion of the building located at 522 West 8th Street, for a staging area for emergency
operations related to the wildfires in the San Diego region, and in connection with Pacific Bell's
communications business.
PASSED and ADOPTED this 30'h day of October 07.
n Morrison, Mayor
ATTEST:
Mic el R. Dalla, Ci y Clerk
APPROVED AS TO FORM:
•
George H. Eser, III
City Attorney
Passed and adopted by the Council of the City of National City, Califomia, on October
30, 2007 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Natividad, Parra, Zarate.
Nays: None.
Absent: None.
Abstain: Councilmember Ungab.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
Al%
City Cler of the City of N ional City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2007-245 of the City of National City, Califomia, passed and
adopted by the Council of said City on October 30, 2007.
City Clerk of the City of National City, California
By:
Deputy
City of National City, California ADDED STEM
COUNCIL AGENDA STATEMENT
MEETING DATE 10/30/2007
AGENDA ITEM NO.
(I-TEM 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 / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below) Resolution No. `a 0 0
1. Staff Report
2. Resolution
3. Letter & Proposed Contract
A-200 (9/80)