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HomeMy WebLinkAboutItem 4.05 Lease Tauscher/TorlakCITY CLERK FILE # 600-20 AG EN DA STATEMENT CITY COUNCIL MEETING DATE: March 6, 2001 SUBJECT: Lease of Office Space to Congresswoman Ellen Tauscher and State Senator Tom Torlakson Report Prepared by: Christopher L. Foss Economic Development Director ATTACHMENTS: Proposed Lease with Congresswoman Tauscher Proposed Lease with State Senator Torlakson RECOMMENDATION:/~~ Authorize Mayor to execute the proposed leases with Congresswoman Tauscher and State Senator Torlakson. FINANCIAL STATEMENT: The proposed terms would result in lease revenue of approximately $1,680 per year. This excludes office fumishings, telephone, and fax services. DESCRIPTION: Since 1997, the City of Dublin has leased Congresswoman Ellen Tauscher space in the Dublin Civic Center for a part-time Satellite Field Office. The office is approximately 112 square feet and is adjacent to the City Manager's Conference Room. Congresswoman Tauscher provides all office fumishings, as well as telephone and fax services. The City provides access to the City's photocopier for incidental copies and the telephone is owned by the City. The City also absorbs the costs associated with utilities, janitorial services, and other operational costs of the Civic Center. During the past lease term, the office was staffed, on average, 2-3 days per week. When the Congressional Field Representative is not available, the phones are transferred to the District Office in Walnut Creek. Due to its location in the City Manager's office suite, the Secretary in the City Manager's Office does act as a receptionist for visitors to the Congresswoman's office. The City of Dublin has received a request from Congresswoman Tauscher's office to enter into a new lease arrangement for her new term of office. According to Federal government requirements, the current lease with Congresswoman Tauscher (approved February 2, 1999) expires upon the Congressional Term of Office. Due to the limitation of the term of the existing contract, Congresswoman Tauscher is required to execute a new lease consistent with her current term of office. The City of Dublin has also received a request from State Senator Tom Torlakson to share Civic Center space for a Dublin-based Senate District office with Congresswoman Tauscher. H/cc-forms/agdastmt.doc COPIES TO: ITEM NO. Staff has worked with Lisa Tucker, District Director for Congresswoman Tauscher and Gloria Omania, District Director for State' Senator Tom Torlakson regarding the proposed leases. The proposed leases involves an increase in the monthly rental charges from the past lease, with a increase in rate for the office space from $110 per month to $140 per month. The rental rate of $140 per month will be shared equally by both Congresswoman Tauscher and State Senator To~akson ($70 per month each). The rental rate has been determined through a calculation of the proportionate share of the Building's operating expenses, staff costs (1 hour per month of Secretary in City Manager's Office), and use of photocopier. Both staffs will work together to coordinate the office hours for each elected official. BOth staffs have indicated an appreciation for being able to extend services to constituents in the area from a Dublin-based office and look forward to the arrangement with the City of Dublin. RECOMMENDATION: It is staffs recommendation that the City Council review and approve the proposed lease agreements with Congresswoman Ellen Tauscher and State Senator Tom Torlakson and authorize the Mayor to execute said agreements. CIVIC CENTER LEASE AGREEMENT , , , THIS LEASE, made and executed in triplicate this 6 th day of .March, :~ 2001, is BY AND BETWEEN City of Dublin (a Municipal Corporation.) hereinafter called "CITY," and Congresswoman Ellen Tauscher, 10th District, hereinafter called "LESSEE." This lease is made subject to the following terms and conditions: Description · For the consideration of the payment of the rents and the performances of the covenants contained herein on the part of the LESSEE, and in the manner hereinafter stated, CITY leases and lets to LESSEE, and LESSEE hereby leases, hires, and takes from CITY, upon the terms and conditions hereinafter set forth, the following described property and its appurtenances, situated in the City of Dublin, County of Alameda, State of Califomia, particularly described as follows: Office' #242 (2nd Floor City Offices) Dublin Civic Center 100 Civic Plaza Dublin, California, 94568 Term This lease shall be on a month to month basis, commencing on the 7th. day of, March~, 2001. Lease may be terminated upon 30 days written notice by CITY or LESSEE. In accordance with paragraph 18(a) the terms of this lease shall not exceed beyond the shorter of two years or the constitutional term of the Congress to which the Lessee is elected, unless otherwise agreed to in writing by both parties. Rent The rent shall be the sum of $70 (Seventy Dollars) per month, payable in lawful money of the United States of America, as specified in Paragraph 18(a) "District Office Lease Attachment". Payment of Rent LESSEE agrees to pay rents to CITY at the time and in the manner herein provided. Removal of Property (a) Should LESSEE fail to pay any part of the rents herein specified, at the times or in the manner herein provided, or fail faithfully to comply with or perform any other of the terms, conditions, covenants and agreements of this lease on the part of LESSEE to be performed or complied with, or should LESSEE abandon the leased premises, then and in that event, CITY, at the sole option of CITY may terminate this lease, and CITY and LESSEE shall have all the rights and remedies as provided in California Civil Code, Section 1951.2. CITY may pursue any remedy whatsoever provided for by law, and in any event CITY shall be entitled to the possession of the leased premises at the lawful termination of this lease. (b) CITY is hereby authorized to remove and store at LESSEE's expense any personal property which LESSEE abandons at the leased premises upon vacating those premises. If LESSEE has breached any of the provisions ofthis'lease and has abandoned the leased premises, CITY and LESSEE shall have all the rights and remedies as provided by California Civil Code, Section 1951.4, so long as this lease, and LESSEE's rights to the possession of the leased premises are not terminated by CITY. The rights of CITY under this lease shall be cumulative to all other rights or remedies given to CITY by law or by the terms of this lease. Uses and Uses Prohibited (a) The leased premises shall be used, occupied and conducted exclusively as and for a "Part-Time Satellite Congressional Field Office". LESSEE and/or any agent or employee of LESSEE, shall not utilize space for any campaign activity or function. Office shall only be used for official government ATTACHMENT 1 Civic Center Lease Agreement Congresswomen Tauscher (Page 2 of 5) business and for no other purpose; and shall be used, occupied and conducted in a thoroughly orderly and respectable manner, without hindrance, annoyance, disturbance, detriment, injury or offense to CITY or its operations. (b) LESSEE shall not maintain or commit any nuisance or waste in or about the leased premises. LESSEE shall not do or permit anything to be done in or about the leased premises, nor bring or keep anything therein, which will in any way affect fire or other insurance on the building or any:of its contents, or which shall in any way conflict with any law, ordinance, rule, or regulation affecting the occupancy and use of the premises which are or may hereafter be enacted or promulgated by any public entity. (c) LESSEE shall not construct, maintain or permit tomb9 c,o. nstructed or maintained, any sig_.n located on the premises, nor paint, nor hang, nor permit or authorize others to paint, or hang, any sign on the walls thereof, unless written permission to do so has been obtained from CITY. All room/office identification Signage shall be done under the direction of the CITY but at the cost of the Lessee. Assignment and Subletting (a) LESSEE may not assign his interest or sublet the property. (b) LESSEE further promises and covenants that if he neglects or fails to perform or observe any of the covenants contained in this lease and continues this neglect or failure for ten (10) days after notice by CITY, or if the estate hereby created shall be taken on execution, and such execution shall not be satisfied, canceled or otherwise removed within thirty (30) days after notice by CITY, or if the LESSEE shall be adjudicated bankrupt or insolvent according to law, or if any assignment of its property shall be made for the benefit of creditors, then CITY may immediately terminate this lease. Alterations and Repairs, Damage to Premises LESSEE agrees that the leased premises are now in tenantable and good order and Condition and that LESSEE shall keep and maintain these premises in good and sanitary order and condition, and that no damages, alterations, or change whatever shall be made in or about the leased premises without the written consent of CITY. Unless otherwise provided by written agreement all alterations, improvements and changes that may be required shall be done by or under the direction of CITY but at the cost of LESSEE. All alterations, additions, and improvements made in and to the lease premises shall, unless otherwise provided by written agreement be the property of CITY and shall remain upon, and be surrendered with the leased premises. LESSEE shall notify CITY of all damage or injury done to the premises or property of CITY by LESSEE at the time the damage or injury is inflicted. With the exception of normal wear and tear, LESSEE shall, at the termination of this lease, surrender the leased premises to CITY in as good order and condition as received. Destruction of Premises If the building or the leased premises shall be destroyed by.fire or other cause or be so damaged that they become untenantable and cannot be rendered tenantable within ninety (90) days from the date of the destruction this lease may be terminated by CITY.. In case the premises shall be so damaged as not to require a termination of the lease as above provided, then a proportionate allowance shall be made to LESSEE for the rent hereinbefore reserved corresponding to the time during which and to the portion of the premises of which LESSEE shall be so deprived. LESSEE expressly waives the provisions of Section 1932 and Subdivision 4 of Section 1933 of the Civil Code of the State of California. CITY shall be the sole judge as to whether such damage has caused said building or premises to be untenantable, and as to whether they can be rendered tenantable within ninety (90) days from the date of injury. Civic Center Lease Agreement Congresswomen Tauscher (Page 3 of 5) // 10. 11. 12. 13. 14. 15. Entry and Inspection Management is given the right to enter into or inspect the premises for the following purposes: (a) in case of emergency. (b) . . To make necessary or agreed repairs, decorations, alterations or improvements, .supply necessary or agreed services. (c) When the tenant has abandoned or surrendered the premises. Except in cases of emergency, when the LESSEE has abap:dongd or surrendered the premise~,:'gr if it is impracticable to do so, CITY shall give reasonable notice of intent to enter and enter only during normal business hours. Twenty-four (24 hours) shall be presumed to be reasonable notice. Subordination LESSEE's interest in-this property shall be subject and subordinate at all times to the lien of any mortgage or trust deed or deeds which may now exist upon or which may be placed upon the premises or the property of which the premises are a part. Breach of Conditions Each and every covenant and term within this agreement is to be kept and performed by LESSEE and is expressly made a condition. Upon breach of any term, CITY may terminate this lease. Non-Waiver of Breach The failure or omission of CITY to terminate this lease, for any violation of any of its terms, conditions, or covenants shall in no way be deemed to be a consent by CITY to such violation, and shall in no way bar, stop or prevent CITY from terminating this lease thereafter, either for such or for any subsequent violation of any such term, condition or covenant. The acceptance of rent pursuant to this lease shall not be, or be construed to be, a waiver of any breach of any term, covenant, orcondition of this lease. Costs of Suit If any legal action or proceeding be brought by either party to enforce any part of this Agreement, the prevailing party shall recover, in addition to all other relief, reasonable attorney's fees and related costs. Service of Notice Notices required under this Agreement may be served upon the CITY at the following: City Manager 100 Civic Plaza Dublin, California, 94568. Said person is authorized to accept legal service on behalf of CITY. Notice may be served on LESSEE at both of the following addresses: Attention: District Director Congresswoman Ellen Tauscher, 10th District 1801 North California Boulevard Walnut Creek, California 94596 U.S. House of Representatives Office of Finance 263 Cannon House Office Bldg. Washington, D.C. 20515 Civic Center Lease Agreement Congresswomen Tauscher (Page 4 of 5) 16. Security It is further covenanted and agreed by LESSEE that nothing herein contained and no security or guarantee which may now or hereafter be furnished CITY for the payment of the rent herein reserved or for the performance by LESSEE of the other terms or covenants of this lease, shall in any way be a 'bar or defense to any action in unlawful detainer, or for the recovery of these premises, or in any action which CITY may at any time commence for breach of any part of the terms or covenants of this lease. 17. Miscellaneous Definitions/Conditions - (a) The word "CITY" and the word "LESSEE" as U~ed hdrein include the plural as well as the singular. The neuter gender when used here, shall include the masculine and feminine. (b) LESSEE agrees that this instrument contains all of the provisions of the agreement between the · parties hereto, and that no promise or agreement not contained herein shall be binding on CITY. (c) Time is the essence of this agreement. 18. Additional Provisions (a) "District Office Lease Attachment" (Exhibit A) is hereby incorporated into the terms of this lease agreement. (b) CITY shall provide a two line telephone instrument. Any answering machine, fax machine, as well as connection to telephone service provider shall be the sole responsibility of LESSEE. LESSEE may make arrangements for the direct modification of wiring upon the written permission of CITY. LESSEE shall be solely responsible for all arrangements and services provided by local telephone company. (c) Use by LESSEE of other facilities at Civic Center are not subject to this lease and shall be subject to established terms and policies of the CITY. (Uses outside of regular business hours may be subject to additional charges). LESSEE agrees to abide by such policies and any such amendments. (d) CITY will make available to lessee a photocopy machine for incidental use. These parties have executed this lease the day and year first above written. FOR CITY: Guy S. Houston, Mayor FOR Congresswoman Tauscher LESSEE: Ellen Tauscher, Congresswoman 10th Congressional District ATTEST: Kay Keck, City Clerk DISTRICT OFFICE LEASE ATTACHMENT 1. Lessor and Lessee agree that this DISTRICT OFFICE LEASE ATTACHMENT ("Attachment") is incorpbra.!ed into and made part of the lease agreement for congigsiona[ district office space to which it is attached. 2. Lessor acknowledges that the U.S. House of Representatives ("House'J) is not responsible for the performshe e of the lease agreement except as provided in paragraph 16 of this Attachment, and Lessor agrees to look solely t0 Lessee for performance of the lease agreement. ' 3. Lessor and Loslee understand and acknowledge that the House will authorize disbursement o ffunds under the terms of the lease agreement only if the lease agreement complies with the Rules of the House and the Regulations of the Committee on House Administration. Accordingly, Lessor and Lessee understand and acknowledge that the House will not authorize disbursement of funds to make payments under the terms of the lease agreement until the Administrative Counsel for the Chief Administrative Officer of the House ("Administrative Counsel") has reviewed the lease agreement and has signed this Attachment in the space provided below. Similarly, the Administrative Counsel must review any proposed substantive amendment and sign the Attachment for the amendment before the House will authorize any payment pursuant to such an amendment. Any amendment to the lease agreement must be in writin. g. 4. Payment shall be made by the Chief Administrative Officer of the House ("Chief Administrative Officer") bf amounts due to the Lessor by the Lessee under the terms of the lease agreement solely on behalf of the Less ee in support of his/her official and representational duties as a Member of the U.S. House of Representatives. ~. The lease agreement is a fixed term lease with equal monthly installments for which payment is due'at the end of each morith in satisfaction of each month's occupancy. 6. The term of the lease agreement may not exceed the constitutional term of the Congress to which the Lessee has been elected. 7. The lease agreement shall not contain any provision requiring the payment of a security deposit. 8. The total dollar amount specified in the lease agreement shall not be varied by any factor, cost &living clause, operating expense 'clause, pro rata expense clause, elevator clause, escalator clause, or any other adjustment or measure during the term of the lease agreement. 9. Lessor agrees at its expense to maintain in good order the public and common areas of the building, and sidewalks, entryways and exits, and alleys, as well as any other like areas. Lessor also agrees to maintain, repair, or replace as needed, all structural and other components of the premises, including roofs, ceilings, walls, floors, windows, doors, fixtures and mechanical, plumbing and electrical systems and equipment serving the premises. 10. Lessee is covered under the Federal Tort Claims Act, 28 U.S.C. §§ 2671-2680, and it is agreed that such coverage satisfies any and all obligations to purchase private liability insurance. 11. Lessor agrees that neither the Lessee nor the House will indemnify Lessor against any liability of Lessor to any third patty that may arise during or as a result of the lease .~ramn~nt o~'Lassce's mnancy. 12. Lessor agrees to notify the Lessee in the event ofsubstltution of the Lessor by reason &sale, transfer, bankruptcy, foreclosure, or any other Similar event. The Lessee shah promptly provide a copy of such notice to the Office of Finance, 263 Cannon House Office Building. Senator Tom Torlakson ~/~'f J / Lease SRO0/O 1-14 Dublin Civic Center 100 Civic Plaza, Room 242 Dublin, CA 94568 SENATE, CAI,IFORNIA LEGISLATURE LEASE THIS LEASE, made and entered into this 6 tli day of .March ,, ,.. 2001 by and between, the City of Dublin (a Municipal Corporation) heroinafter called Lessor, and the Senate Rules Committee, California Legislature, heroinafter called State.' WITNESSETH: The parties hereto mutually agree as follows: 1. Lessor hereby leases unto State and State hereby hires from Lessor those certain premises situated in the City of Dublin~ County of Alameda, State of California, and more particularly described as follows: Dublin Civic Center I00 Civic Plaza, Room 242 Dublin, CA 94568 State acknowledges that the premises are to be shared with Congresswoman Ellen Tauscher, who operates a part-time satellite congressional field office on the premises. / 2. TO HAVE AND HOLD said leased premises, together with the appurtenance, rights, privileges, and easements thereunto belonging or appertaining unto State, for a term. commencing on the 7th day of ... I, larch;. ~ 2001 and ending on the 30e" day of November, 2004, with such rights of termination as are hereinafter set forth, with rental payable by State in arrears on the last day of the month, unless sufficient funds have not been made'available in the annual budget act for the purposeof funding Senate Rules Committee Lease agreements, in an mount as follows: TOTAL MONTHLY RENTAL $70.00 (Seventy Dollars and no cents) The State shall pay any rental payments that are not paid under this paragraph due to budgetary constraints, as soon as funds are made available under the annual budget act. Should State fail to pay any part of the rents heroin specified, at the times or in the manner heroin provided, or fail faithfully to comply with or perform any other of the terms, conditions, covenants and agreements of this lease on the part of State to be performed or complied with, or should State abandon the leased premises, then and in that event, Lessor, at the sole option of Lessor may terminate this lease, and Less6i~ and State shall have all the rightl and'remedies as provided in California Civil Code, Section 1951.2. Lessor may pursue any remedy whatsoever provided for by law, and in any event Lessor shall be entitled to the possession of the leased premises at the lawful termination of this lease. Lessor is hereby authorized to remove and store at State's expense any personal property which State abandons at the leased premises upon vacating those premises. If State has breached any of the provisions of this lease and has abandoned the leased premises, Lessor and State shall have all the rights and remedies as provided by California Civil Code, Section 195 1.4, so long as this lease,. and State's rights to the possession of the leased premises are not terminated by Lessor. The rights of Lessor under this lease shall be cumulative to all other rights or remedies given to Lessor by law or by the terms of this lease. 3. (a) The leased premises shall be used, occupied and conducted exclusively as and for a "Part-Time Satellite Senate Field Office." State and/or any agent or employee of State, shall not utilize space for any campaign activity or function. Office shall only be used for official government business and for no other purpose; and shall be 1 ATTACHMENT 2 used, occupied and conducted in a thoroughly orderly and respectable manner, without hindrance, annoyance, disturbance, detriment, injury or offense to Lessor or its operations. '(b) State shall not maintain or commit any nuisance or waste in or about the leased premises. State shall not do or permit anything to be done in or about the leased premises, nor bring or keep anything therein, which will in any way affect fire or other insurance on the building or any of its contents, or which shall in any way conflict with any law, ordinance, role, or regulation affecting the occupancy and use of the premises which are or may hereafter be enacted or promulgated by any public entity. (c) State shall not construct, maintain or permit to be constructed or maintained, any sign located on the premises, nor paint, nor hang, nor permit or authorize others to paint, or hang, any sign on the walls thereof, unless written permission to do so has been obtained from Lessor. All morn/office identification signage shall be done under the direction of the Lessor but at the cost of the State. 4. Rental payable hereunder for any period of time less than that for which periodic rental is paid shall be determined by prorating the rental herein specified for the applicable period by 30 days. 5. State agrees to pay the aforesaid rental to Lessor at the address specified in paragraph 6, or to such other address as the Lessor may designate by a notice in writing. All rents payable by State to Lessor shall be reported under the TAX ID# 94-2825202. 6. All notices herein provided to be given, or which may be given, by either party to the other, shall be deemed to have been fully given when made in writing and deposited in the United States mail, certified and postage prepaid, and addressed as follows: City Manager City of Dublin 100 Civic Plaza Dublin, CA 94568 Senator Torlakson Senate Rules Committee - Building Operations, Toni Brenner 1020 N Street, Room 255 Sacramento, CA 95814 916/324-9335 fax 916/324-6176 Nothing herein contained shall preclude the giving of any such written notice by personal service. 7. Either party may terminate this lease by giving notice to the other party at least thirty (30) days prior to the date when such termination shall become effective. At the option of the State, this lease shall terminate within ~ (30) days immediately following the death, resignation or other removal from office of Senator Tom Torlakson as a Member of the Senate. 8. Lessor shall furnish to State, during the lease term, at Lessor's sole cost, the following services and utilities: A. Janitoriai services, including but not limited to, regular eleanlng of office areas and restrooms, toilet supplies and waste disposal. B. All utilities except telephone. C. Lessor shall provide a two line telephone instrument. Any answering machine, fax machine, as well as connection to telephone service provider shall be the sole responsibility of State. State may make 'arrangements for the direct modification of wiring upon the written permission of Lessor. State shall be solely responsible for all arrangements and services provided by local telephone company. D. Lessor will make available to lessee a photocopy machine for incidental .use. Use by State of other facilities at Civic Center are not subject to this lease and shall be subject to established terms, conditions, and policies of the Lessor. (Uses outside of regular business hours may be subject to additional charges). State agrees to abide by such policies and any such amendments. 9. During the lease term, Lessor shall maintain the leased premised together with appurtenances, rights, privileges, and easements belonging or appertaining thereto, in good repair and tenantable condition, except in the case of damage arising from negligence of State's agent, invitees or employees. Lessor shall be liable for any damages sustained by State from the failure of the Lessor to maintain the leased premised in good repair and tenantable condition pursuant to this paragraph. State agrees that the leased premises are now in tenantable and good order and condition and that State shall keep and maintain these premises in good and sanitary order and condition, and that no damages, alterations, or change whatever shall be made in or about the leased premises without the written consent of Lessor. Unless otherwise provided by written agreement all alterations, improvements and changes that may be required shall be done by or under the direction of Lessor but at the cost of State. All alterations, additions, and improvements made in and to the lease premises shall, unless otherwise provided by written agreement be the property of Lessor and shall remain upon, and be surrendered with the leased premises. State shall notify Lessor of all damage or injury done to the premises or property of Lessor by State at the time the damage or injury is inflicted. With the exception of normal wear and tear, State shall, at the termination of this lease, surrender the leased premises to Lessor in as good order and condition as received. 10. Lessor reserves the right to enter and inspect the leased premises, at reasonable times for the following purposes: A. In case of emergency. B. To make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services. C. When the tenant has abandoned or surrendered the premises.Except in cases of emergency, when the State has abandoned or surrendered the premises, or if it is impracticable to do so, Lessor shall give reasonable notice of its intent to enter and enter only during normal business hours. Twenty-four hours shall be presumed to be reasonable notice. 11. Lessor agrees that State, keeping and performing the convenants and agreements herein contained on the part of State to be kept and performed, shall at all times during the existence of this lease peaceably and quietly, have hold and enjoy the leased premises, without suit, trouble or hindrance from Lessor, or any person claiming under Lessor. 12. In the event the leased premises or any essential part thereof shall be destroyed by fire or other casualty, this lease, shall, in the case of total destruction of the leased premises, immediately terminate and, in case of partial destruction or damage, shall terminate at the option of State upon giving notice in writing to the Lessor within fifteen (15) days after such fire or casualty, and no rent shall accrue or be payable to the Lessor after such termination. In the event of any such destruction where the State remains in possession of said premises, the rental as herein provided shall be reduced by the same ratio as the floor space State is thus precluded from occupying bears to the total space of the leased premises. 13. To the extent authorized by any fire and extended coverage insurance issued to Lessor on the herein damaged premised, Lessor releases State from liability for loss or damage covered by said insurance and waives subrogation rights of the insurer. 14. This lease is subject to the provisions of the Califomia Fair Employment and Housing Act (Section 12900 et seq., Government Code) and in its performance the Lessor will not discriminate against any employee or applicant for employment because of race religious creed~ color, national origin, ancestry, physical handicap, medical condition, marital stares, sex or age. The Lessor will take affirmative action to ensure that applicants are employed, and that employees are treated dining employment without regard to their race, religious creed, color, national'origin, ancestry, physical handicap, medical condition, marital status, sex or age. This action shall include, but not be limited to~-the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection of training, including apprenticeship. The Lessor will permit access to his or her records of employment, employment advertisements, application forms, and other pertinent data and records by the Fair Employment and Housing Commission, and any other agency of the State of California designated by the Joint Rules Committee, for the purposes of investigation to ascertain compliance with this paragraph. The State may determine a willful violation of the Fair l~.mployment Practices provisions to have occurred upon receipt era final judgment having that effect from a court in action to which the Lessor was a party, or upon receipt of a written notice from the Fair Employment .and Housing Commission that it has investigated and determined that the Lessor has violated the Fair Employment and Housing Act and has issued an order, .under Section 12970 of the Government Code which has become final, In the event of willful violation of the foregoing provision in the performance of this lease, and if the Lessor, within thirty (30) days after receipt of a written notice thereof from the State, fails. to cure the breach, the State shall have the right immediately to terminate this lease and any necessary additional expense incurred by the State in securing space equivalent to the leased premises, including the additional rental, if any, shall be borne by the Lessor. 15. In the event State remains in possession of the leased premises after the expiration date of this lease, the State's continued possession shall create a tenancy from month to month with rental payable by State in arrears on the last day of each month in the mount specified in paragraph 2. The tenancy created herein shall be subject to all other terms and conditions of this lease. 16. Lessor warrants that the leased premises to be used by the State in the performance of this lease are readily accessible to and usable by individuals with disabilities with respect to services, programs, activities conducted by the State on the leased premised. In the event that Lessor makes alterations to any part of the leased premises used by the State, the alterations shall comply with the accessibility standards of the Americans with Disabilities Act (U.S.C.A. Section 12101 and following). In the event of violation of the foregoing provision in the performance of this lease, and if the Lessor, within thirty (30) days after receipt of a written notice thereof from the State, falls to cure the breach, the State shall have the right immediately to terminate this lease and any necessary additional expense incurred by the State in seeming space equivalent to the leased premises, including the additional rental, if any shall be by the Lessor. 17. (a) State may not assign its interest or sublet the property. (b) State further promises and covenants that if it neglects or fails to perform or observe any of the covenants contained in this lease. and continues this neglect or failure for ten (10) days after notice by Lessor, or if the estate hereby created shall be taken on execution, and such execution shall not be satisfied, canceled or otherwise removed within thirty (30) days after notice by Lessor, or if the State shall be adjudicated bankrupt or insolvent according to law, or if any assi~ment of its property shall be made for tl3e benefit of creditors, then Lessor may immediately terminate this lease. 18. States interest in this property shall be subject and subordinate at all times to the lien of any mortgage or trust deed or deeds which may now exist upon or which may be placed upon the premises or the property of which the premises are a part. 19. Each and every covenant and term within this agreement is to be kept and performed by State and is expressly made a condition. Upon breach of-any term, Lessor may terminate this lease. 20. ' The failure or omission of Lessor to terminate this lease, for any violation of any of its terms, conditions, or covenants shall in no way be deemed to be a consent by Lessor to such violation,' and shall in no way bar, stop or prevent Lessor from terminating this lease thereafter, either for such or for any subsequent violation of any such term, condition or covenant. The acceptance of rent pursuant to this lease shall not be, or be construed to be, a waiver of any breach of any term, covenant, or condition of this lease. · 2 I. If any legal action or proceeding be brought by either party to enforce any part of this Agreement, the prevailing party shall .recover, in addition to all other relief, reasonable attomey's fees and related costs. IO IN WITNESS WltEREOF, this lease has been executed by the parties hereto as of the date first above written. LESSOR: CITY OF DUBLIN By: Guy S. Houston Title Mayor Date Attest: Kay Keck, City Clerk SENATOR TOM TORLAKSON Member of the Senate LESSEE: SENATE RULES COMMITTEE of CALIFORNIA By: Title: Greg P. Schmidt Secretary of the Senate Date: 5 INSTRUCTIONS TO BE OBSERVED IN EXF, CUTING LEASE //( // Fully complete all blanks. Description shall be complete and should include square footage or acreage. State room number and floor, if applicable. When possible, a floor plan with'the leased space outlined in red shall be attached. Rental shall be payable in arrears. Should the property be in probate or held in trust, evidence of the authority of the executor, administrator or trustee must be furnished. The executor or administrator may lease property without an order of the court when the tenancy if month to month, or for a term not to exceed one year, and the rental does not exceed one hundred dollars per month. Whenever the lease is executed by an attomey, agent or trustee on behalf of the Lessor, one authenticated copy of his power of attomey, or other evidence of authority to act on behalf of the Lessor, shall be obtained. When the Lessor is a partnership, the names of the partners composing the firm shall be stated in the body of the lease. The lease shall be signed with the partnership name followed by the name of the parmer signing he same. Where the Lessor is a corporation, the lease shall be signed with the corporate name, followed by the signature and title of the officer or other person signing the same in its behalf. The corporate seal shall be impressed upon the lease near such a signature. Utilities and services detailed in paragraph 6 must be verified with Lessor. There shall be no deviation from this form without prior approval of the Senate Rules Committee. Specific notation of interlineations, deletions, or other alterations shah be entered in the blank space following the last paragraph.