HomeMy WebLinkAbout4.05 OfficeSpaceLeases
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CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: February 13, 1995
SUBJECT:
Amendments To Leases For Office Space
- Assemblyman Rainey
- Congressman Baker
ei'(prepared by: Paul S. Rankin, Assistant City Manager)
EXHIBITS ATTACHED: 1. / Copy of Current Lease With Assembly Rules Committee
2. / Letter Dated January 11, 1995 from Ms. Cynthia Hughes
3. / Proposed Amendment #1 to Lease Dated July 1, 1993 with the
Assembly Rules Committee, California Legislature
4. I Copy of Current Lease With Congressman William P. Baker
5. I' Proposed Amendment #1 to a Lease dated December 29, 1992 w~th
Congressman William P. Baker, 10th District
RECOMMENDATIO~rize City Manager to Exeeute the Lease Amendments.
FINANCIAL STATEMENT: The total annual revenue from both leases is approximately $1,260.
The City will be incurring minor additional costs to the extent that Congressman Baker's Staff utilize the
City Fax and Photocopy equipment.
DESCRIPTION: The City currently has leases with two elected officials to utilize City Office space on
a regular basis. The leases specify that the facility shall only be used for official government business and
cannot be used for campaign purposes. Both of the leases had original terms which matched the term of
office. Both Assemblyman Rainey and Congressman Baker were reelected in the November election.
Staff have worked with representatives of both officials to prepare the amendments necessary to
continue the leases.
ASSEMBLYMAN RAINEY
The lease with Assemblyman Rainey provides a furnished office area which can be used up to 10 hours
per month. In addition the Assemblyman has a telephone and answering machine installed at this
location. The telephone equipment, service, and maintenance is entirely paid for directly by -the
Assembly. The original intent was that this location would provide a local presence for their office to
meet with local constituents twice each month.
As noted in Exhibit 1, the Assembly Staff have primarily used this arrangement to retrieve phone
messages. Instead of having scheduled dates for the office to be open they schedule appointments on an
as needed basis. They do wish to continue the lease under its present terms. Based upon a review of the
use of the office, City Staff is not proposing any other changes to the lease at this time. Exhibit 3 makes
the necessary change to extend the term through January 1, 1997.
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CONGRESSMAN BAKER LEASE
Congressman Baker currently leases a 112 square foot unfurnished office. This is considered a part-time
'satellite Field Office. Although his Staff may only use the space approximately 3 days per week, the office
is used solely for their purposes. Also, infrequently the Congressman and/or his Staff have used the
adjacent Conference Room for meetings. Due to the Office layout the City Staff also provides
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Receptionist duties for guests coming to the, office and the Congressman also receives mail at this
location.
The original lease was negotiated at $45.00 per month based upon the estimated opera~ing cost associated
with the Civic Center. This included utilities, insurance, and janitorial/maintenance services. No
adjustment was made to reflect the City overhead expense and the lease was well within current market
rates for a full service office building. City Staff have discussed with the Congressional Staff proposed
amendments to the lease agreement.
Congressman Baker's Staff have requested that the lease provide access to the City facsimile machine
and photocopy machine. The use of the copy machine is allowed under the terms of the current lease at
the rate of four cents per copy. The current lease allows the Congressman to install a fax machine, at his
sole expense. The local Field Representative assigned to the Office expects that the need for both a fax
and a copy machine, would only involve incidental use. The City would only be providing access to the
equipment and not the Staff to complete the work.
The proposed Amendment (EXHIBIT 5) will address the access to the City office equipment in
conjunction with an adjustment to the monthly rent. The current monthly rent is $45.00 per month. If
the City were to increase the rent to $60.00 per month, this would recover the City's estimated operating
cost plus a 250/0 overhead factor. The overhead factor should address any additional cost associated with
copy charges and use of the facsimile machine. In order to limit the cost of administering the lease it is
recommended that the reference to the 4 cents per photocopy usage charge be deleted. In addition, the
term of the Agreement would be extended to January 1, 1997.
Both of these leases offer the City the opportunity to improve access to elected officials by residents from
throughout the region. Staff would recommend that the City Council authorize Staff to execute the
amendment to the leases as presented in the Staff Report.
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~C CENTER LEASE AGREEMENT.
THIS LEASE is made and executed in duplicate this 1st day of
July, 1993.
BY AND BETWEEN city of Dublin (a Municipal ,Corp.) hereinafter
called II CITY , II and Assembly Rules Committee, California Legislature,
hereinafter called "LESSEE."
This lease is made subject to the following terms and conditions:
1. 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 California, particularly described as follows:
Office #256 (2nd Floor city Offices)
Dublin civic Center
100 civic Plaza
DUblin, California, 94568
Access and use of said space shall be limited to 10 hours per
month, scheduled with and approved by CITY. Said hours shall be
scheduled on no more than two days, during regular business hours of
the city of Dublin. This limitation shall not apply to authorization
by CITY for LESSEE to maintain, during the term of this lease, a
telephone and/or answering machine on said premises.
2 . Term
This lease shall be on a month to month basis, commencing on the
1st day of July, 1993. Lease may be terminated upon 30 days written
notice by CITY or LESSEE. The terms of this lease shall 'not exceed
beyond.December 1, 1994, unless otherwise agreed to in writing by both
parties.
3 . Rent
The rent shall be the sum of $45.00 (Forty-Fiv.e Dollars) per
month, payable in lawful money of the United states of ,America, on or
before the 10th day of each and every calendar month.
4. Payment of Rent
LESSEE agrees to pay rents to CITY at the time and in the manner
herein provided.
5. Removal of pronertv
(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
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civic Center Lease Agreement
Page 2
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 of this 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.
6. Uses and Uses Prohibited
(a) The leased premises shall b~ used, occupied ~nd conducted
exclusively as and for a Part-Time furnished Satellite Assembly
member Field Office. Time of use shall be as stated,' in section
I. LESSEE and/or any agent or employee of LESSEE, shall not
u,tilize space for any campaign activity or function. office
shall only be used for official government 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 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.
7. Assianment and Sublettina
(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 a.nd 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,
cancelled or otherwise removed within thirty (30) days after
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civic Center Lease Agreement
Page 3
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.
8. Alterations and Repairs. Damaqe 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.
9. 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 sball
be so deprived. LESSEE expressly waives the provisions of section
1932 and Subdivision 4 of Sectioh 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.
10. Entry and Insoection
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.
(d) LESSEE recognizes that CITY shall have full access and use
of premises during all times not specifically addressed by this lease.
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Page 4
11. 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.
12. Breach of Conditions
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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.
13. 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 hereunder
shall not be, or be construed to be, a waiver of any breach of any
term, covenant, or condition of this lease.
14. Costs of Suit
If any legal action or
enforce any part of this
recover, in' addition to all
and related costs.
proceeding be brought by either party to
Agreement, the prevailing party shall
other relief, reasonable attorney's fees
15. Service of Notice
Notices required under this Agreement may be served upon the CITY
at the following:
city Manager
100 Civic Plaza
Post Office Box 2340
DUblin, California, 94568.
Said person is authorized to accept legal service on behalf of CITY.
Notice may be served on LESSEE at the following address:
Assembly Rules Committee
State capitol Room 3016
sacramento, California 95814
Attn: Manager of Administrative Services
16. Securitv
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
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page 5
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.
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(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) LESSEE shall provide telephone instrument, and any answering
machine, and connection for telephone.service provider. LESSEE shall
reimburse CITY for the actual cost plus 25% overhead in the event that
wiring modifications are required to accommodate 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.
Payment of any amounts owed pursuant to this section shall be within
60 days of invoice by CITY.
(b) 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. LESSEE agrees to abide by such policies and any
such amendments.
These parties have executed this lease the day and year first
above written.
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Mayor
a:RaineyLs.psr#16
. REPLY TO:
SACRAMENTO ADDRESS:
STATE CAPITOL
SACRAMENTO, CA 95814
(916) 445-6161
DISTRICT OFFICE:
1948 MT. DIABLO BLVD.
WALNUT CREEK, CA 94596
(510) 933-9196
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VICE-CHAIRMAN
PUBLIC EMPLOYEES,
RETIREMENT & SOCIAL SECURITY
MEMBER
ENVIRONMENTAL SAFETY AND
TOXIC MATERIALS
PUBLIC SAFETY
UTILITIES AND COMMERCE
R6CUlVED
jAN 1 ~ 1995
,", J\5~~,mblu
C!!al ifnrniu/~egi,51ature
, RICHARIfK. RAThJE)'
ASSEMBLYMAN, Flf!EENTHOlSrRICT .', '
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CITY OF DUBLIN
January 11, 1995
Paul S. Rankin
Assistant City Manager
City of Dublin
P.O. Box 2340
Dublin, CA 94568
Dear Mr. Rankin:
Thank you for your letter concerning the space we have leased in
the Dublin Civic Center.
It is our intention to continue to maintain a phone and answering
machine in Dublin, however, at this time we do not, nor do we
plan in the near future, to occupy that space on a regular basis
as we did originally.
We retrieve the phone messages from our office in Walnut Creek,
with the intent to meet, in Dublin, with any constituent who so
desires.
It would not appear that this arrangement indicates any change in
the terms of our lease, except to clarify that we are not
occupying the space regularly.
We appreciate the opportunity to serve our constituents through
the Dublin City offices.
nthia M. Hughes
Administrative Assistant
EXHIBIT :l..
EXHIE
Printed on Recycled Paper
AMENDMIT # 1 CIVIC CENTER LEASE AGIEMENT
BY AND BETWEEN
CITY OF DUBLIN, (A MUNICIPAL CORPORATION)
AND ASSEMBLY RULES COMMITTEE, CALIFORNIA LEGISLATURE
RECITALS
WHEREAS, the parties entered into a lease agreement dated July I, 1993; and
WHEREAS, the purpose of the lease was to provide furnished office space for the use of Assemblyman
Richard K. Rainey, Assemblyman 15th District and his Staff; and
WHEREAS, the use of the space was to be on a limited and scheduled basis; and
WHEREAS, the Assemblyman was also authorized under the lease to establish and maintain telephone
equipment at this location; and
WHEREAS, the initial term of the lease has expired; and
WHEREAS, both parties desire to extend the term of the lease through December 31, 1996, without any other
modifications to the terms and conditions.
NOW THEREFORE BOTH PARTIES AGREE TO AMEND THE LEASE AS FOLLOWS:
Section 2 of the Agreement dated July I, 1993 shall be amended to read as follows:
2. nm:n
This lease shall be on a month to month basis, commencing on the 1 st day of July 1993
1st day of December, 1994. Lease may be terminated upon 30 days written notice by
CITY or LESSEE. The terms of this lease shall not exceed beyond Deeemeer 1,1994
December 31,1996, unless otherwise agreed to in writing by both parties.
The parties have executed this amendment to the lease in triplicate and dated for convenience as December I,
1994. The parties represent that they are authorized to complete this transaction on behalf of their respective
agency.
FOR CITY:
FOR ASSEMBL YMEMBER:
Richard C. Ambrose, City Manager
Richard K. Rainey, Assemblyman
ATTEST:
FOR LESSEE:
Kay Keck, City Clerk
Assembly Rules Committee
California LegiSlatxHIBiT ~
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I . Commercial Lease
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guadruplicate this
THIS LI~ASE is made and executed irf"dUpHtate~hTs-:-......,............. .4$l.th........................... .day
of............ ~~.e;~.:t;................................. 19 ,~?.....
.. BY AND BETWEEN~~.~~. .<?~. ~~.~~~?; .~~;JJ:f: ~. .~I).~C:;:~Pfl:+. .<;!=!:t;P.:l... hereinafter called "Lessor,"
Congressman William P. Baker, lOth D~strict " "
8n<1................................................. . hereinafter called Lessee.
. WITNESSETH::q..fletrfup-&f\4+~~.tho-liWU.ot$.-------------....:;=~~aid-ey-l.e8868.,..-
eei~t-ofwffiGh-i&Rer-eby.a.~d:b.y:l:;essffi";"aml ror the~ consideration of the payment oCthe rents and the
perfonnances ofthe covenants contained herein on the part of the Lessee, and in the manner hereinafter stated, Lessor
leases and lets to Lessee, and Lessee hereby leases, hires, and takes from Lessor, upon the terms and conditions
hereinafter set forth, the following described property, and its appurtenances, situated in the City
of........... .~.J,in....................,.........., County of. . Alarreda .......................................,
State of... . .. . <;:;~.;1.At"9rI).~.<;\.. . ,...... ..' .............. ... .., particularly described as follows:
Office #242 (2nd Floor City Offices)
Dublin Civic Center
100 Civic,Plaza
T Dublin, California 94568 . .
erm. MJ h
For the term of.... ~~.,. ~<? .~r::t:I:................. . commencing on the........... .+Rt................... .day
January
of.. . .. .. .. . .. .. .. : .. ., 1993.. .Lease may be terminated upon 30 days written notice by Lesso
or LeSS~~ceeant~8cyo~~~ce with Paragraph 24 (a) the terms of this lease shall not
Rent. .
The.wM rent shall be the sum of. . . ?4? ~ 9.Q . JfR~.1:-Y."7. .lf~.Y~ . P.<?~.+MR) . . . . . . . . . . . . . . . . . . . . . . . . . . . dollars
. . . per rronth p,ayable .
ptrya:b1e IllvuU.lx 1D.tI.] :::.::~e, ".,;L"llult::lll" I)f. ,.. forLl fi"v"C .,...... duRdl~ Bath In lawful money of the
United States of America, on the.... ~.q~... .day of each and every calendar month. tn-the-eY~soo-has.paid..the-
~eurrder,-astrereiTTl'ruvitie6T'&l'l(.\.~y-eomplied.with.-t.Ae.to.r~o.\liiio~g..h4r.Qot,.L.e8iee-ma.~.QGGUpY-
&mtenjtJ'f'the-leasediH'Qmia$g..~.the-final----- 7' _...____moRt,h-Qf..tRe-Wm,.!r.(j~fr.om-ohllg.atio.n.to.~-
~-lffi~...._...._rT 7'."'77"."'77".7"..mc.Ath$----
. This lease is made subject to the following terms and conditions:
Payment of Rent.
1. Lessee agrees to pay rents to Lessor at the time and in the manner herein provided.
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Default and Re-entry. ~ ~~ ~~ ~
2. If essee b aches 1e lease nd a ando the rope y be ore tend' the erm r i is Igh 0 ss sio .
t-I..i~~ b;~..r ~:tu,c :~Xre. . c~~i.. ,I.., r m' y reo "'"' nm gRS t c r:i'~, c u [~~~ ~
~:'bt~cc ro t'TP1U' "f ot r ro;f;'b do 'gRS ncur d by .c"" , ''/"' i r:
~ Removal of ProperlY.' '"
Should Lessee fail to pay any part of the rents herein specified. at the times or in the manner herein provided, or
t-- fail faithfully to comply with or perform any other of the terms, conditions. covenants and agreements of this lease on
__ the part of Lessee to be performed or complied with, or should Lessee abandon the leased premises. then and in that
CQ event, Lessor, at the sole option of Lessor may terminate this lease,und Lessor and Lessee shall have all the rights and
~ remedies as provided in Cali fori a Civil Code,. Section 1951.2. Lessor may pursue any remedy whatsoever provided for
>< by law, and in any event Lessor shall be entitled to the possession of the lensed premises at the lawful termination of
1.I.Jj' this lease. Lessor is hereby authorized to remove and store at Lessee's expense any personal property which Lessee
. Palle 1 0&00 - ~()
This documenlls only. generallorm which may be proper lor use In simple trensectlon. and In no way act., or Islnlendad 10 act. .s a aubslllule lor the advice 01 an allornay. The prlnler
doe. not ma~e any warronty. ellhor e~pra$s or Implied. as 10 Ihe legal validity or Iha suitability 01 theso forms In any specllic lran.aclion.
. n mil COMMERC1A1...LEASE.-wiLh..Expnnd~d '1'p.nne nnd Conditione (C.C. Be
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abandons at the leased premises upon vacating those premises. If Lessee has breached any of the provisions of this
lease and has abandoned the leased premises, Lessor 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 leused 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.
Uses and Uses Prohibited.
3. That the lease premises shall be used, occupied and conducted exclusively os and for .q.. ?Mt.'":"'r.i,.~......
Satellite Congressional Field Office. Lessee shall not utilize space for any
c:~~t91:l. . <?-~t.~ Y.~ ty. . ~~. . ~~~t~9!1 ~ . .9~ ~ ~~~ . R~~~.t 9n~ y. . ~. .l,l~l?~. ~9;t;' . R+.~ ~R~.q.~. . 9Rvt;~. . p'~?i,.nl s
and for no other purpose; and shall be used, occupied and conducted in a thoroughly orderly nnd respectable manner,
without let, hindrance, annoyance, disturbance, detriment, injury or oITense to Lessor. Lessee shall not maintain or
commit, nor suITer to be maintained or committed any nuisance or waste in or nbout the leased premises. Lessee shall
notdo or permit anything to be done in or about the leased premises, nor bring or keep anything therein, which will in
any way aITect fire or other insurance on the building or any of its contents, 01' which shall in any way conflict with any
law, ordinance, rule, or regulation aITecting the occupancy and use of the premises which are or may hereafter be
enocted or promulgated by any public authority.
Lessee shull not construct, maintain or permit to be constructed or maintained, any sign, or billboard on the roof of
the building located on the premises, nor paint, nor hang, nor permit. or authorizlJ others to paint, or hang, any sign on
the walls thereof, unless written permission to do so has been obtained from LessorAll signage shall be
considered an irrprovernent subject to paragraph 5 of this agreerrent.
Assignment and Subletting. 4. Lessee may not
~bssee:1I1:a:J.assign his interest or sublet the property,.Ni~~.with::UI'e:Fi~t:t~~Utu:leroo
-GtRerei~s;:.and-witft<mt1"l"ie!"t}bt'tlineti-wPl-~eft-_eAtrfte-i~-t-~j.s-\.ease.oR~WI'.est-tRQ.J'0i.n..ehaJ.l-bo-
-tt55igfte&le-M-5tleje*'t&-6ublettiflg~~-RO-t~e.RQb.l.Y.~~lQ...I:.eq~WR.tta~-('.Q~-
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 Lessor, or if the estate
hereby created shall be taken on execution, and such execution shall not be satisfied, cancelled or otherwise removed
within thirty (30) days after notice by Lessor, 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 Lessor may immediately
terminate this lease. Lessee covenants that in case of such temination it will indemnify Lessor against all loss of rent
which Lessor may incur by reason of such termination, during the residue of the term above specified.
Alterations a~d Repairs.
Damage to Premises.
5. 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 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 Lessee. All alterations, additions, and improvements made in and to the
lease premises shall, unless otherwise provided by written agreement be thc property of Lessor and shall remain upon,
and be surrendered with the leased premises. Lessee shall notify Lessor of all damge or injury done to the premiscs or
property of Lessor by Lessee at the time the damage or injury is inflicted. Lessee shall, at the termination of this lease,
surrender the leased premises to Lessor in as good order and condition as received, normal wear and tear excepted.
Delivery of Possession. .
6.1n the event of the inability of Lessor to deliver possession of the leased premises at the time herein fixed for the
commencement of the term of this lease, neither Lessor nor the agent of Lellsor shull be liable for any damage caused
thereby, nor shall this lease thereby become void or voidable, but in such event Lessee shall not be liable Cor any rent
until such time as Lessor can deliver possession.
Notice of Surrender.
7. Lessee shall, at least thirty (30) days before the date of expiration of this lease, give Lessor a written n.otice of
intention to surrender the leased premises on that date. Ifsuch notice is not given, then Lessee shall be liable for rent of
one additional month in the event that he shall have vacated the leased premises, at the expiration of the term of this
lease.
". i
. PallO 2
This documenll. only a generallorm which may be proper lor use In simple Iransactlons and In no way acls, or I, Inlonded to acl, .. e subSl,tute lorthe advice 01 an attorney. The printe'
does nol make any werranty, either express or Implied. as 10 Ihe loga1 yalldlly or Iho sulleblllly of thOBO lorm, In any ,poclllc I'ansactlon.
~ ~~ ~~u . _. [~d",""-'. 'l'H"'I-+WI'Ift~K-n-1 :irmH::i:Dd. _~D,!\diUo.n>>--::Il..-.. -~c
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the nited Sta s on the... ........... .... ..day 0 each mo hand sh I continue
t ancy shall e terminate by Lessor or Lessee y written otice of least one
rmination f such mont y tenancy, of the inte ion to ter inate su 1 tenancy.
Destruction of Premises.
9. 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 injury this lease may be
terminated by Lessor. 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 ofCalifornin, Lessor shall
be sole judge 8S 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.
Entry nnd Inspection.
10. 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, or exhibit the unit to prospective or actual purchasers, mortgagees, tenants, workmen or contractors.
(c) When the tenant has abandoned or surrendered the premises,
(d) Pursuant to court order.
Except in cases of emergency, when the tenant has abandoned or surrendered the premises, or ifit is impracticable
to do so, the Owner shall give the tenant reasonable notice of his intent to enter and enter only during normal business
hours. Twenty-four (24) hours shall be presumed to be reasonable notice.
Service Charges.
11. Lessee agrees to pay during the term hereof, all charges made against the premises for .....~..r r..t'ill, ":;Ill,
~Illl:hicit:r, P9W9F, Rsd, telephone, aRB gaFBags llispseal services, and for any other commodities furnished or supplied
or used in or upon or about the premises.
Roof.
12. Lessor agrees to maintain the roof over the demised premises in good order and repair and repairs to the roof
shall be made by and at the expense of Lessor.
Subordination.
. 13. Lessee'~ 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 and Lessee covenants that it will execute and deliver to Lessor or the nominee of Lessor proper.. .
subordination agreements to this eITect at any time upon the request of Lessor and without payment being made
therefor.
Breach of Conditions.
14. Each and every covenant and term hereof to be kept and performed by Lessee is expressly made a condition,
upon breach whereof Lessor may terminate this lease and exercise alll'ights of entry und re.entry upon the leused
premises, as provided for by law.
Non.Waiver of Breach.
15. The failure or ommission 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, estop 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 hereunder shall not be, or be conl:ltrued to be, a waiver of any breach of
any term, covenant, or condition of this lease.
Costs of Suit.
16. 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 costs.
Page 3
Thl. documenll. only a ganeral form which may be proper for ull8ln almple tranll8ctlona and in no way act., or Is Intended to ect, e.. aubslllule lor the advice of en eltorney_ The printer
doea not make eny wartan!)', allhar expreas or Implied. as to the legal validity or tha aullablllly of lhese forms In any apeclllc transection,
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...~~~... -. ,.-........-....-.------..............--.... .~. -_&&
Service of Notice. C' t Man'
17. Notices required under this Agl'eement may be served upon: .... .~. X...... ~<?~~...................:......
.3;.9.Q. .c;~y~.q..I;\l.~;?:.~. RO. .l39:K .2.34.0.. . .... ... ...... ..at. . .. ~~~~.~.. . . . . . . . . . .. .. .. . .. .. . . .... ....., Cu!irornin.
Said person is authorized to accept legal service on behalf of Lessor. Notice may be served on Lessee at the address set
forth on page 1.
Security.
18. It is further covenanted and agreed by Lessee that nothing herein contained and no security or guarantee
which may now or hereafter be furnished Lessor 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 bur or defense to any action in unlawful
detainer, or for the recovery of these premises, or in any action which LessOI'may at any time commence for breach of
any part of the terms or covenants of this lease.
Lessor and Lessee Defined.
Heirs. Etc.. Included.
19. The word "Lessor" and the word "Lessee" as used herein include the plurullls well as the singular. The neuter
gender when used here, shall include the masculine and feminine.
20. This lease shall include and inure to and bind the heirs, executors, administmtors, successors and assigns of
the respective parties hereto, but nothing in this paragraph contained shall be construed to modify or impair in any
manner any of the provisions and restrictions of this lease relating to the assignment of this lease or of any intl'rest
therein, or to the subletting or underletting of the leased premises of any part thereof.
21. Lessee agrees that this instrument contains all of the provisions of the ugreement between the parties hereto,
and that no promise or agreement not contained herein shall be binding on Lessor.
22. Time is the essence of this agreement.
23. Lessee accepts the leased premises subject to all zoning laws. ordinances, and regulations applicable to and
regulating the use of the premises, and acknowledges that Lessor has made no representations or warranties as to the
suitability of the premises for any particular use.
24. Additional Provisions (Insert here and refer to paragraph 24.1:
(a) "District Office Lease Attachment" (Exhibit A) is hereby incorporated into
the terms of this lease agreement.
(b) Lessor shall provide telephone instrument and connection for telephone servi
provider., Lessee shall reimburse Lessor for the actual cost plus 25% overhead.
Lessee shall be solely responsible for all arrangements and services provided by
local telephone corrpany. Payment shall be within 60 days of invoice by Lessor.
(c)Lessor will make available to personnel of Lessee a photocopy machine for
incidental use. Lessee shall reimburse Lessor at the rate of four cents per copy.
(d)Use by Le~e7 of other rooms ~~~Ca~~~grtohm)l:d&ebS1~jSR~!'i@r~~M~h~y
terms and poll.cl.es of the Lessor. such amendments
(e)Lessor will not be providing access to aUfax machine. Lessee may install a
fax machtne within the leased space at their sole expense.Wiring will accommodate
fax ..machl.ne..
These partIes have executed this lease the day and year first above written.
:r.ftis.1easa-ifl "Bect.iUII 8 pi ovmusofurnntorrratie-reftewuHrem..mftnth..{:6-motlth+H....(!l\sceTemaim-itT-possessimraftcr .
-lrhe-exptMtiofl-Gf-tke-tet't1t'-ef:..~!rktltle:--
.W..~.~.............. ..........~f.~.........
1 k. Lessor C' t
pau S. Ran l.n, ACtl.ng l. y Manager
Le~sec
....,............... ......,........
..' ......................................................
Lessee
.............1...............
................................. ........ I" t. ..... ......
Lessee
.......................................
................... ............. .......... ". .......... ,-
Lessor
Lessee
Plllle 4
ThIs doeum6nt Is only e g6n6.6110.m whleh may 00 P'opll' 10' u$6ln simple I.6nudlons and in no W6Y acls, o. is Inlended 10 6cl. n a subslilule lor the advice 01 an allo.ney. The print..
does not m.ke an WIl".nty, .Uher e~press d. Implied, as to the legal valldily D. the suitability 01 these lo.ms In eny spoeillc Ironsacllon.
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This attac. lt
lease agreement
must be incorporated ,into ~
submitted to the Committee on
aade a part of any
House Administration.
DISTRICT OFFICE LEASE ATTACHMENT
(
1. Lessor and Lessee agree that this DISTRICT OFFICE LEASE ATTACHMENT("attachment") is
incorporated into and made a part of the lease agreement for Congressional disrtict
office space to which it is attached.
2. Lessor acknowledges that the House of Representatives is not responsible for the
performance of the lease agreement except as provided in paragraph 8 of this attachment,
and lessor agrees to look solely to lessee for performance of the lea~ agreement.
3. Lessor acknowledges that the House does not disburse funds for advance payments or
security deposits, and that payments made by the Clerk of the Ilouse on behalf of lessee
will be sent to lessor at the end of each month in satisfaction of each month's occupancy.
Lessor agrees that any payment by the Clerk for any period after this lease agreement has
been terminated shall be refunded forthwith by lessor to the Clerk without formal demand.
4. The terms of the lease agreement shall not exceed the shorter of two years or the
constitutional term of the Congress to which the Member is elected.
5. The total dollar amount specified in the lease-agreement shall not be varied by any
factor, cost of living clause, elevator clause, calculator clause, any other adjustment
or measure during the term of the lease agreement.
6. Lessor agrees at its expense to maintain in good order the public and common areas of
the building, and 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.
7. Lessor agrees'to ensure the availability of premises wiring suitable for tele-
communicationsand data transmission (22to 26 AWG twisted pair of low capacitance).
8. In the event of the death, resignation, or removal from office of lessee, lessor hereby
expressly grants the Clerk of the House the right to continue to occupy the premises under
the lease agreement for a period of up to 60 days following the special election of lessee's
successor, unless the Clerk elects to terminate the lease agreement by giving 30 days
written notice to lessor.
9. Two copies of the lease agreement and this attachment, and two copies of any termination
notice given under the terms of the lease agreement, shall be sent t.o the Committee on
House Administration, U.S. Capitol, Washington, D.C. 20515
Any portion of the lease agreement to which 'this attachment is attached and any subsequent
or additional agreements which are inconsistent with paragraphs one(1) through nine (9)
of this attachment shall be of no force and effect to the extent of such inconsistency.
~___IN WITNESS WHEREOF, the parties hereto
~~~ December 29,1992
(lessor) (date)
Paul S. Rankin, Acting City Manager
City of Dublin
have
hereunto subscribed their seals.
~f.~~
(Member/lessee) (date)
Reviewed and approved as to form by the Committee on House Administration
Signed
Date
j',i
j ~
140
EXHIBIT A
. e
AMENDMENT # 1 CIVIC CENTER LEASE AGREEMENT
BY AND BETWEEN
CITY OF DUBLIN, (A MUNICIPAL CORPORATION)
AND CONGRESSMAN WILLIAM P. BAKER, 10th DISTRICT
RECITALS
WHEREAS,
the parties entered into a lease agreement dated December 29, 1992; and
WHEREAS,
the purpose of the lease was to provide office space for the operation of a part-time satellite Field Office; and
WHEREAS,
the use of the space was to be on a limited basis and for the sole purpose of conducting government business; and
WHEREAS,
the initial te~ of the lease has expired; and
WHEREAS,
both parties desire to extend the term of the lease through December 31, 1996, and make minor modifications to the
terms and conditions.
NOW THEREFORE BOTH PARTIES AGREE TO AMEND THE LEASE DATED DECEMBER 29,1992 AS FOLLOWS:
firm. as described on page one shall be amended to read as follows:
For the term of Month to Month commencing on the 1st day of January, ~1995 Lease may be terminated upon
30 days written notice by Lessor or Lessee. In accordanc~ with Paragraph 24(a) the terms of this lease shall not
exceed two years.
B&n1. as described on page one shall read as follows:
The rent shall be the sum of$45.QQ (felty five DeBars) $60.00 (Sixty Dollars) per month payable in lawful money
of the United States of America, on the 30th day of each and every calendar month.
SECTION 24 (c) of the terms and conditions shall be amended to read as follows:
(c) Lessor will make available to personnel of Lessee a photocopy machine and afacsimile machine for incidental
use. Lessee shall reimbW"se Lessor at the Fate aHaW" seats per sap)'.
SECTION 24 (e) of the terms and conditions shall be deleted in its entirety.
(e) Lesser ,,:ill Bet 1:Ie providing acoess t9 a fw[ maehine. Lessee may iRsmll a f(H[ maeRme withiR the leased Sllaee
at their sale eJrpeRse. WiriDg will acoommadate a faJ[ masRme.
The parties have executed this amendment to the lease in quadruplicate and dated for convenience as December 1, 1994. The parties
represent that they are authorized to complete this transaction on behalf of their respective agency.
FOR LESSOR (CITY):
FOR LESSEE (Congressman):
Richard C. Ambrose, City Manager
William P. Baker, Congressman
10th Congressional District
ATTEST:
Kay Keck, City Clerk
EXHIBIT '0