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HomeMy WebLinkAboutA4243 - STATE GENERAL SERVICES REAL ESTATE LEASE Dept of General Services Real Estate Division Short Form Lease M. AGREEMENT #4243 C14 signed 5-26-00 Date: July 13, 1999 Transaction NO: 9907006 To: Sally Ortiz Department of Industrial Relations P.O. Box 420603 San Francisco, CA 94142 From: Department of General Services — Real Estate Services Division Professional Services Branch IMS R-1 1102 Q Street, Suite 6000, Sacramento, CA 95814 Subject: Lease Delegation, 3200 Tahqultz Way, Palm Springs, CA Under the authority provided to the Director of the Department of General Services in Section 11005.3 of the Government Code, your request for delegation of the above project has been approved. You should proceed with the work requested for: -;e, A lease for a term not to exceed three years, an area not to exceed 3,000 square feet and a yearly rental rate of$12,000. ❑ Alterations () for an amount not to exceed $ per project. The lowest responsible bidder will complete the alterations. No further action will be taken by RESD. 7 All reviews, approvals, notifications, contracts and inspections will be the responsibility of your Department. Please send an executed copy of the lease to the Lease Management Section attention: Tom Hunley. If you have questions or need assistance, contact Norton Chapman at (916) 324-6969 or ATSS 8-454-6969. NALD S. OKIMURA Area Manager RSO: Attachment cc: Jo Wysocky, Payments Office, Office of the State Controller John Brooks, APE STATES( EV. 1/ 2) , • STD. 1-S(REV.7/92) SHORT FORM LEASE THIS LEASE, made and entered into this 1st day of July, 2000 by and between City of Palm Springs hereinafter called Lessor, and the State of California, by and through its duly appointed, qualified and acting Director of the Department of General Services, hereinafter called State. The parties hereto mutually agree as follows: WITNESSETH: 1. Lessor hereby leases unto State and State hereby ]tires from Lessor those certain premises situated in the City of Palm Springs , County of Riverside , State of California, and more particularly described as follows: The City of Palm Springs agrees to provide hearing room to the State of California, Department of Industrial Relations (Hereinafter referred to as the State) in conforming with the schedule and rates listed in Exhibit A which is attached and incorporated herein by this reference. 2. TO HAVE AND HOLD said leased premises, together with the appurtenances, rights, privileges, and easements thereunto belonging or appertaining unto State, for a term commencing on the 1st day of July 2000, and ending on the_30th -day of June 2001, with such rights of termination as are hereinafter set forth, with rental payable by State in arrears as follows: The period of this agreement is July 1 2000 through June 30 2001 contingent upon availability of funds This lease may be terminated by either party upon 30 days advance written notice 3. State agrees to pay the aforesaid rental to Lessor at the address specified in paragraph 4, or to such other address as the Lessor may designate by a notice in writing, upon the submission by Lessor of invoices therefore at least 15 days prior to the due date, to the Department of General Services Real Estate Services Division Professional Services Branch 1102 Q Street, Suite 6000 Sacramento, CA 95814-6511 4. 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: To the Lessor at City of Pahn Springs City Hall 3200 Tahquitz Way Palm Springs, California 92262 STD 1-S Page 1 and to State at the address indicated in paragraph 3. Nothing herein contained shall preclude the giving of any such written notice by personal service. 5. State or C4 may terminate this lease by giving notice to State or City at least thirty (30) days prior to the date when such termination shall become effective. 6. Lessor shall furnish to State, during the lease term, at Lessor's sole cost, the following services and utilities: A. Janitorial services, including but not limited to, regular cleaning of office areas and restrooms, toilet supplies and waste disposal. B. All utilities except telephone. 7. During the lease term, Lessor shall maintain the leased premises together with appurtenances, rights, privi- leges, and easements belonging or appertaining thereto, in good repair and tenantable condition, except in case of damage arising from the negligence of State's agents, invitees or employees. 8. Lessor reserves the right to enter and inspect the leased premises, at reasonable times, and to make any necessary repairs to the premises. 9. Lessor agrees that State, keeping and performing the covenants 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. 10. 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. In case of partial destruction or damage State may elect to terminate by giving written notice setting forth the date of termination 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, whether for the remainder of the term or temporarily pending termination, the rental as herein provided shall be reduced by the ratio of the floor space State is precluded from occupying to the total floor space of the leased premises. 11. Rental payable hereunder for any period of time less than that for which periodic rental is payable shall be determined by prorating the rental due for the applicable period of occupancy. 12. To the extent authorized by any fire and extended coverage insurance issued to Lessor on the herein demised premises, Lessor releases State from liability for loss or damage covered by said insurance and waives subrogation rights of the insurer. 13. During the performance of this lease, the Lessor shall not deny benefits to any person on the basis of religion, color, ethnic group identification, sex, age, physical or mental disability, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, mental disability, medical condition, marital status, age, or sex. Lessor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Lessor shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.), the regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285.0 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code STD 1-S Page 2 (Rev.7/92) (Government Code, Sections 11135-11139.5), and the regulations or standards adopted by the awarding State agency to implement such article. 14. In the event the State remains in possession of the premises after the expiration of the lease term, or any extension thereof, this lease shall be automatically extended on a month-to-month basis, subject to thirty (30) days termination by either party, and otherwise on the terms and conditions herein specified, so far as applicable. 15. Lessor hereby warrants and guarantees that the space leased to the State will be operated and maintained free of hazard from Asbestos Containing Constructions Materials. 16. Lessor hereby represents and certifies that it has fully complied and covenants to remain in compliance during the term of this lease, with all Minority, Women, and Disabled Veteran Business Enterprise (M/W/DVBE) participation goals or has made good faith efforts, as the case may be, as required by Public Contract Code 1/210115 et seq., and further agrees that the State or its designees will have the right to review, obtain, and copy all records pertaining to the contract. Lessor agrees to provide the State or its designee with any relevant information requested and shall permit the State or its designee access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this requirement. Lessor further agrees to maintain such records for a period of three (3) years after final payment under the contract. Upon completion of this lease, Lessor agrees to submit a final report identifying all M/W/DVBEs used in providing services, or supplies to this lease. Efforts to include M/W/DVBEs in this contract do not end with the award of a lease, but continue for as long as the Lessor is purchasing materials and supplies and needs subcontractors in meeting its obligations to State pursuant to this lease. 17. Lessor shall cause to be paid to each workman employed in the performance of the construction, maintenance, or service, including janitorial required by this lease whether employed directly by Lessor or otherwise, the rate of wages generally prevailing for such workman's skills or trade in the area in which the leased premises are located. IN WITNESS WHEREOF, this lease has been executed by the parties hereto as of the date first above written. LESSOR: LESSEE: CITY of PAI* SPRINGS STATE OF CALIFORNIA By: i(� Karen Wong . Staff Services Manager City Manager � � ATTL�ST- / - Department of Industrial Relations City Clerk By APPROVED BY THE MY h1.A,NAGE'R ON 2'12-Q ply Title Staff Services Manager STD i-S Page 3 (Rev. 7192) INSTRUCTIONS,TO BE OBSERVED IN EXECUTING LEASE 1. Fully complete all blanks. 2. 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. 3. Rental shall be payable in arrears. 4. If the property is held by husband and wife as community property, either party may execute the lease. 5. Should the property be in probate, held in trust or bankruptcy, or held in receivership, evidence of the authority of the executor, administrator, trustee or receiver must be furnished. The executor or administrator may lease property without an order of the court (a) when the tenancy is from month to month, or (b) if the term does not exceed one year, and the rental does not exceed FIVE THOUSAND AND N0/100 DOLLARS ($5,000.00) per month. 6. Whenever the lease is executed by an attorney, agent or trustee on behalf of the Lessor, one authenticated copy of his power of attorney, or other evidence of authority to act on behalf of the Lessor, shall be obtained. ' 7. 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 partner signing the same. 8. 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 on its behalf. The corporate seal shall be impressed upon the lease near such signature, and a notarized Corporate Acknowledgement shall be attached. 9. Utilities and services detailed in paragraph 6 must be verified with Lessor. 10. The term of this lease shall not exceed three (3) years and total annual rental shall not exceed TWENTY FOUR THOUSAND AND NO/100 DOLLARS ($24,000.00). 11. There shall be no deviation from this form without prior approval of the Department of General Services. Before signing, specific notation of interlineations, deletions, or other alterations shall be entered in the blank space following the last paragraph. 12. A copy of the fully executed lease and any subsequent amendment, extension, or termination, shall be mailed to the Department of General Services, Real Estate Services Division, 1102 Q Street, Suite 6000, Sacramento, CA 95814, Attention: Delegations Unit. (R.V.7/92) Page 1 of 2 EXHIBIT A Scheduled MeetiuP Periods Days Location Duration Rate Mondays Council Chambers Whole Day $124.00 Mondays Police Training CenterWhole Day $124.00 (7-1-00 to 6-30-2001) Rate: $15.50 per hour $248.00 per week Estimated number of Mondays during contract period (7/l/00-6/30/2001): 52 Mondays x $124.00 per day= $6,448.00 Estimated amount to cover possible sched. changes $1,000.00 Grand Total $7,448.00 Possible schedule changes: 1. There may be times when hearings can extend beyond the regular hours. 2. Meetings may be held on different days other than Mondays upon approval by the contractor, contingent on the availability of meeting room space. 3. Meeting room facilities are not available on the following holidays: r Page 2 of 2 Exhibit A HOLIDAYS 7/1/00 - 6/30/O1 HOLIDAY OBSERVANCE DATE Independence Day July 4, 2000 (Tuesday) Labor Day September 4, 2000 (Monday) Columbus Day October 9,2000 (Monday) Veterans Day November 13, 2000 (Monday) Thanksgiving Day November 23, 2000 (Thursday) Day after Thanksgiving November 24, 2000 (Friday) Christmas Day December 25,2000 (Monday) New Year's Day January 1, 2001 (Monday) Martin Luther King Jr. Day January 15,2001 (Monday) Lincoln's Birthday February 12, 2001 (Monday) Washington's Birthday February 19,2001 (Monday) Memorial Day May 28,2001 (Monday)