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HomeMy WebLinkAbout8.6A LeaseSpace/EllenTauscher I . CITY CLERK File # D~[Q][Q]-[2J[Q] . AGENDA STATEMENT CITY COUNCIL MEETING DATE: (January 7,1997) SUBJECT: \ln~Proposed Lease of Office Space To Congresswoman Ellen Tauscher ~.II"'(Report Prepared By: Paul S. Rankin, Assistant City Manager) EXHIBITS ATTACHED: 1. Proposed Lease RECOMMENDATION: Authorize the Mayor on behalf of the City to execute the lease substantially in the form presented. FINANCIAL STATEMENT: The proposed terms would result in lease revenue of approximately $960 per year. The Congresswoman would provide telephone service and furnishings are not included in the lease. DESCRIPTION: The City previously had an arrangement with Congressman Bill Baker to provide a satellite field office in the Dublin Civic Center. At the City Council meeting of November 19, 1996, Staff . was directed to determine whether Congresswoman - Elect Tauscher would have an interest in utilizing the vacated space. Staff has been working with Ms. Michelle Henry, who will serve as the District Director for Ms. Tauscher. Several items had to be handled related to their central district office location before they could address the issue of satellite locations. After the City Council Agenda for the meeting of January 7, 1997 had been prepared, Staff was informed of the interest in proceeding with the lease. The Congresswoman would like to proceed with initiating services as soon as possible and therefore, it was not possible to place this item on the agenda of January 21, 1997. The office to be utilized is approximately 112 square feet and is adjacent to the conference room in the City Manager's Office. The Congresswoman would be providing the office furnishings, telephone service, and fax machine. Minor costs will be incurred to obtain office identification signs, which will be paid for by Congresswoman Tauscher separate from the monthly lease amount. The City would provide access to the photocopier for incidental copies required and the City would provide the telephone instrument. In addition the City absorbs the cost associated with utilities, janitorial service and other operating costs. The draft lease stipulates that the office is to be used exclusively for government business and would not be used for campaign activities. .------------------------------------------------------------------- COPIES TO: Michelle Henry, District Director lOth Congressional District Q L. A ITEMNO.~ H1cc-forms/agdastm t.doc . .. It is anticipated that the office would be staffed 3-4 days per week. The telephones will be capable of being forwarded to the main Walnut Creek Office, when the assigned Congressional Field Aide is not available. In part, it is their desire to evaluate the usage of the office and adjust the operating hours accordingly. Due to its location the Secretary in the City Manager's Office does act as a receptionist in . directing visitors to the office, or advising them of office hours if the designated Field Aide is not available. City Staff will not be responsible for answering telephone calls. Staff has prepared a Draft Lease based upon the previous lease with Congressman Baker. The terms were modified to reflect that Congresswoman Tauscher intends to provide her own fax machine. In addition the rate was modified to $80.00 per month. The format of the lease required by the House Rules Committee does not allow for an escalator in the rent charged. Based upon the 1996/97 Budget the proposed rate of$80 per month covers a proportionate share of the Building Operating expenses, plus the cost associated with approximately 1 hour per month of an Office Assistant II. It is estimated that the City is absorbing some costs, in order to improve public access for all constituents in the 10th Congressional District. Staff recommends that the City Council review the proposed terms of the agreement. In the event that the proposal is acceptable, it is recommended that the City Council authorize the Mayor to execute the Agreement, substantially in the form presented. Congresswoman Tauscher has submitted the lease for review by the House Rules Committee. In the event changes are requested which do not substantially affect the terms as stated in this report, these items would be incorporated in the final lease. . . . . 4. . DRAFT 1/6/97 12:41 PM CIVIC CENTER LEASE AGREEMENT THIS LEASE is made and executed in duplicate this 7th day of January, 1997. BY AND BETWEEN City of Dublin (a Municipal Corp.) hereinafter called "CITY," and Congresswoman Ellen Tauscher, 10th District, hereinafter called "LESSEE." This lease is made subject to the following terms and c.onditions: 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 #242 (2nd Floor City Offices) Dublin Civic Center 100 Civic Plaza . . Dublin, California, 94568 2. Thrm This lease shall be on a month to month basis, commencing on the 1st day of January, 1997. 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. 3. RW The rent shall be the sum of$80.00 (Eighty Dollars) per month, payable in lawful money of the United States of America, as specified in Paragraph 18(a) "District Office Lease Attachment". P~ment of Rent LESSEE agrees to pay rents to CITY at the time and in the manner herein provided. 5. 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. DRAFT 1/6/97 12:41 PM Civic Center Lease Agreement Page 2 DRAFT 1/6/97 12:41 PM . (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 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 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, 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. 7. Assi~nment and Sublettin~ (a) LESSEE may not assign his interest or sublet the property. (b) LESSEE further promises and covenants that ifhe 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. . DRAFT 1/6/97 12:41 PM Civic Center Page 3 . 8. . . Lease Agreement DRAFT 1/6/97 12:41 PM 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 tlle 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 destructionJh,is.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. " 10. Entl:)' 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 abandoned or surrendered the premises, or 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. II. 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. DRAFT 1/6/97 12:41 PM Civic Center Lease Agreement Page 4 DRAFT 1/6/97 12:41 PM . 12. 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. 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 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. 14. 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. 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 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 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 tenns or covenants of this lease. 17. Miscellaneous Definitions/Conditions (a) The word "CITY" and the word "LESSEE" as used herein include the plural as well as the singular. The neuter gender when used here, shall include the masculine and feminine. . DRAFT 1/6/97 12:41 PM .~ . > - Civic Center Page 5 . Lease Agreement DRAFT 1/6/97 12:41 PM (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 byLESSEE of other facilities at Civic Center are not subject to this lease and shall be subject to estab.lished 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: FOR Congresswoman Tauscher LESSEE: Ellen Tauscher, Congresswoman 10th Congressional District Guy S. Houston, Mayor ATTEST: Kay Keck City Clerk G; Leases/CONGRESSrrauscher.doc . DRAFT 1/6/97 12:41 PM It:L l'lU. .JaIl VV,;JI .LV',.).,) I.VJ!. . ... -.. ..--......--...--......--.......... .1I1-~."'1U1I1I\IUOGIoll"'.UlnDCIor"NII., .. .. ~ u" Kouw ofP..pnwenu,tivOl. (or .ulltlll.~lt ,.,...Bt.... .',trtct ometl.... DISTRICT OFFICE LEASE ATTACHMENT 1. LellOr and tello9 agree that this DISTRICT OFFICE LEASE AttACHMENT CAtttlebment) f. Incorporate into and made a part oCtile Ie... agreement for Oongreasiona) district omoe lpece to which tt is attached. 2. LellOr acknowledgos that.the House otReptellentatlv'l ia not responllble for the pert'Dnnance oftha lease agreemlDt except al provided in parasraph 8 at thia Attachment, and Leasor aarees to look lolely to Le.... fOT perfomul!lce of the lealle ....oement. 3. Le.tI01' aCknowledges thlllt the House does not diebuT6e fund! ror advanOl s>syments or 8Ccurity depo,lts, and that paymel\t& made by the ChiD! Admini'ltrativ8 Officer of the Hou~ on behalf of Lee... wUl be 68nt to t.he Lessor at the end of each month in IlItllf'action of eadt month's occupancy. Lelusor as"ee& that any payment by t.11. Chief Admini.tr8.ttvc: Officar for any period after this lease agreement has been tenninated shan be t6funded forthwith by tenor to the Chief AdmlniGtrative Officer without formal demand. 4. The tenn ot the lease agreement .hall not exceed the ahorter of two year. tlr the eonetftutlonal tenn ot the ConJrOl' W which the Member is elected. 6. 111, total dollar amount speclRed in the 188M pgrooment shall not be varied by any factor, cost of living daUlt, elevator cleu.., e8Calator dault, Or any other adjustment or rneo.8u.re during tho te~ of the 'cue agreement. e. Leeeor agrees at ite expense to maintain in good order the public and common areaG of the building, end egreea to maintain, repair. or replace as needed, all structural and other components of tho.pr.mis.e8. including roofs, cel1lnp, waUs, ftOOfA, windows, doors, fixtures and mtfOhanlcal, plumblni and electrico.l system. and equipment aervins tht premises. 7. Leaaor agreet to ensure the Ivailability ofpremise& wlril1J Nitable for telecommunications and data tranam1J&ltm (22 to 15 AWG twlsWCI palr of lo\V capacitanad. 8. In the event of the death, rellrnation, or removal from office of'Le~e, Lessor h....by expreasly rrant& to. Clerk of the Hou.se the rirht to rontlnw! t:b occupy the IWrfliee& under the lease Barreement'for a period of up to &ii'lf' (60) daya following the.lemon of the Le9S00's 8UQC8180r. unless the Clerk e1eel6 to terminate ~he loue agreement by givin, thirty (80) day. written notice to Lessor. 9. Th. luse egreement And thia Attachment, and any tenninatlon notice giVBn under the terms of the lease agreement. .hall be sent to the Office of Finance, 263 CaMon House OfttCl8 Building, Wu~ington) D,C. 20&16. AI&y portion of tho lease agreement to which thIs Att.achment is attAehed and any 'ub8equent or additional awoomenta which are inconsistent with par&.graphs 1 thrOUlh 9 of this Attachment shall be of no Coroo and efflct to the extent 01 woh inconsistency. IN WITNESS WHEREOF, the parties hereto have hereWlw lubacribed their seals. - (lMM>>'J (Ln<<e.) (Date) (Date) _._.~.~...~_~~__.--~__.._~~________~~........__.______~_Aa.~__..~.~___..~__~__......~~.~.~..~_____..~....~w~___.___.r....._. Revlewed and approved pursuant to the rulee 0' the Committee on Bouse Oven1lht: . Biped . . Date EXHIBIT A (Attachment To Congresswoman Tauscher Lease)