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HomeMy WebLinkAboutAgenda Report - December 17, 2014 C-20AGENDA ITEM C-20 Crrv or Lour CouNcrr-, CovTMUNICATToN rM AGENDA TITLE: MEETING DATE: PREPARED BY: Approve Lease with San Joaquin County District Attorney's Office for Office Space Within the Lodi Police Department (225 West Elm Street, Lodi, CA) December 17,2014 City Manager RECOMMENDED ACTION Approve lease with San Joaquin County District Attorney's Office for office space within the Lodi Police Department (225 West Elm Street, Lodi, CA). BACKGROUND INFORMATION: With the Lodi Courts re-opening in January of 2015, The District Attorney's Office finds itself in need of Lodi office space for its attorneys, administrative staff and programs. Regaining a Lodi Court has been a significant Council goal since we lost our Lodi Courts. Lodi Courts provide significant benefits to the City of Lodi, including reduced overtime for police officer testimony, increased patrol availability of Lodi's on duty officers, reduced transportation costs for Lodi inmates, availability of jury service in Lodi, and availability of court services to Lodi's citizens. A Lodi District Attorney's office compliments those services by allowing victims and witnesses access to the District Attorney in their hometown. ln light of the many advantages to Lodi of having the Courts and District Attorney located in Lodi, Staff recommends that Council approve a lease for District Attorney space within vacant and unimproved space within the Lodi Police building on a cost basis. The attached draft lease proposes to lease a former storage closet to the District Attorney and two office carrels within the detective area at no per square foot cost. The proposed leased area is shown in the Lease Exhibit A. However, the District Attorney will reimburse the City for utility and janitorial costs at a fixed estimate of $200.00 per month and construct the tenant improvements to make the storage closet usable office space. The tenant improvements will become the property of the City at the conclusion of the lease. The Police Department has reviewed the lease and supports its terms. FISCAL IMPACT:Not applicable. FUNDING AVAILABLE: Not applicable Step City Ma nager Attachmênts APPROVED: en City Manager LEASE COUNTY OF SAN JOAQUIN Lodi Police Department Building, Room 22144 215 W. Elm Street Lodi, Galifornia 95240 THIS AGREEMENT, made and entered into this - day of January, 2015, by and between the CITY OF LODI, a municipal corporation, (hereinafter "City"), and the COUNTY OF SAN JOAQUIN, a political subdivision of the State of California, hereinafter ("County"). WITNESSETH: 1. PREMISES: For and in consideration of the rents to be paid, and the covenants to be faithfully kept and performed by County, County does hereby rent from City and City does hereby rent to County, Room 2214A and the area immediately outside of Room 2214A., each as shown on Attachment "A," attached hereto and made a part hereof (the "Premises"), which Premises are located on the second floor of the Lodi Police Department building located at215 W. Elm Street, Lodi, California, and all improvements thereto for the operation of County law enforcement offices, including, but not limited to, the operations of the San Joaquin County District Attorney's office' 2. TERM: OPTIONS: TERMINATION: The term ("Term") of this Agreement shall be forthree @-nuary7,2o15(''GommencementDate.'),andendingonJanuary6, 2018, unless otherwise extended. County shall have one (1) option to extend the Term for a two-year period on the terms set forth in this Agreement, and at the rates set forth in Paragraph 3. Rent, below. The option must be exercised in writing by County at least thirty (30) days before the expiration of the Term. County shall have the right to terminate this Lease at any time during the Term, including during the extension period, upon ninety (90) days' prior written notice to City. 3. BEM: ln consideration of this Agreement, County agrees to pay to City as rent ("Rent") toithe Premises the sum of $1.00 per year during the Term, and any extensions thereof. Rent, utility and custodial payments described herein shall be directed to the City of Lodi, Attn: Finance Department, P.O. Box 3006, Lodi, California 95241for processing, and shall be paid in advance without prior notice or demand to County. County acknowledges that the Rent is reduced in acknowledgement of the Tenant lmprovements County is obligated to install at its sole expense. 4. USE/USE PROHIBITED: The Premises shall be used solely for the purpose of carrying on the business of the San Joaquin County District Attorney's Office, or other County law enforcement uses. County shall not use any portion of the Premises for purposes other than those specified herein, and no use shall be made or permitted to be made upon the Premises, nor acts done, which will increase the existing rate of insurance upon the Premises, or cause cancellation of insurance policies covering the Premises. County shall not engage in any activities excluded from coverage under its insurance policy on the Premises. 5.9RDINANCES AND STATUTES: lt is further understood and agreed by County that County must comply with all present and future policies and procedures of the Lodi Police Department, and all laws, ordinances, rules, and regulations promulgated by City and any governmental authority of competent jurisdiction regulating the type of business to be conducted on the Premises during the Term of this Agreement and any extension thereof. County shall use and occupy the Premises in a quiet, laMul, and orderly manner. The commencement or pendency of any state or federal court abatement proceeding affecting the use of the Premises shall, at the option of the City, be deemed a breach hereof. PARKING: City shall provide parking for County staff in the parking lot behind the Lodi Finance Building and at the Lodi City Hall Parking Lot on a first come first served basis to accommodate county's occupancy in the Lodi Police Department building. SIGNS: County may install, at its expense, interior signage to indicate its location and operations in the Lodi Police Department building. The design of such signage shall be consistent with the style and design of the existing building, and shall be submitted to City for review and approval prior to installation. ABANDONMENT OF PREMISES: County shall not vacate or abandon the Premises at any time during the Term hereof, unless the Lease is terminated by County as described herein. TRADE FIXTURES: Any and all improvements made to the Premises during the Term hereof shall belong to the City, except trade fixtures of the County. County may, upon termination hereof, remove all trade fixtures, but shall repair or pay City for all repairs caused by damage to the Premises occasioned by the removal of such trade fixtures. DESTRUCTION OF THE PREMISES: ln the event of a partial destruction of the Premises during the Term hereof, from any cause, City shallforthwith repair the same, provided that such repairs can be made within sixty (60) days under existing governmental laws and regulations, but such partial destruction shall not terminate this Agreement, except that County shall be entitled to a proportionate reduction of utility and custodialexpenses while such repairs are being made, based upon the extent to which the making of such repairs shall interfere with the business of County on the Premises. lf such repairs cannot be made within sixty (60) days, City, at its option, may make the same within a reasonable time, and this Agreement shall continue in effect, and, in the event that City shall not elect to make such repairs which cannot be made within sixty (60) days, this Agreement may be terminated at the option of either party. ln the event that the building in which the Premises is situated is destroyed to an extent of not less than one-third of the replacement costs thereof, City may elect to terminate this Agreement whether the Premises be injured or not. A total destruction of the building in which the Premises is situated shallterminate this Agreement. ln the event of any dispute between City and County with respect to the provisions of this paragraph, the matter shall be submitted to binding arbitration before a mutually agreeable arbitrator. REMEDIES OF OWNER ON DEFAULT: ln the event of any breach of this Agreement by County, City may, at its option, terminate this Agreement. City may, in the alternative, continue this Agreement in effect, as long as City does not terminate County's right to possession, and City may enforce all its rights and remedies under this Agreement, o. 7. 8. 10. 11. 12. 13. 14. 15. 16. 17. including the right to recover the Rent as it becomes due under this Agreement. lf such breach continues, City may, at any time thereafter, elect to terminate this Agreement. Nothing contained herein shall be deemed to limit any other rights or remedies wnicn City may have. Notwithstanding the foregoing, County shall not be in default or breach of this Agreement unless County fails to perform required obligations of County within fifteen (15) days after written notice is delivered by City, specifying the obligation which County has failed to perform; provided, however, that if the nature of County's obligation is such that more than fifteen (15) days are required for performance, then County shall not be in default or breachif County commences performance within said fifteen (15) day period and thereafter diligently proceeds towards completion. RELATIONSHIP OF PARTIES. lt is understood and agreed that the relationship between the parties is that of landlord and tenant and not as a party or agent of City. County shalt observe all laws and regulations applicable to employers in the State of California. ASSIGNMENT AND SUBLETTING: County shall not assign this Agreement or sublet any portion of the Premises without the prior written consent of the City, which shall not be unreasonably withheld. Any such assignment or subletting without consent shall be void and, at the option of the City, may terminate this Agreement. ENTRY AND INSPECTION: City understands that the nature of County's work is sensitive. City shall, therefore, only have access to the Premises upon 24 hours' notice to County, and with County's attendance. MAINTEMNCE. REPAIRS. ALTERATIONS OR ADDITIONS: County acknowledges that the Premises is in good order and repair, unless otherwise indicated herein. County shall, at its own expense and at all times, keep the Premises in a good and safe condition, and shall surrender the same, at termination hereof, in as good condition as received, normal wear and tear excepted. City shall be responsible for maintaining the roof, exterior walls, structural foundations, common areas, routine maintenance and repairs of the Premises, and all building systems, including, but not limited to, the heating, ventilating and air- conditioning system (HVAC). No alterations or additions to the Premises shall be made by County without the priorwritten consent of City. Prior to the commencement of any substantial repair, improvement, or alteration, County shall give City at least two (2) days written notice in order that City may post appropriate notices to avoid any liability for liens. County shall not commit any waste upon the Premises, or any nuisance or act which may disturb the quiet enjoyment of City or any tenant of City. Any concems shall be submitted in writing to the Public Works Director, City of Lodi, P. O. Box 3006, Lodi, CA 95241. SURRENDER OF PREMISES: County shall, at the termination of this Agreement, or upon the earlier termination hereof for any reason, or upon the extension of the Term as herein set forth, quit and surrender the Premises in good order, condition, and repair, reasonable wear and tear and acts of God or fire excepted. FEES: County shall pay all license fees, or other fees or taxes, including possessory interest taxes, levied by any governmental agency which may be imposed upon the business of County or its subtenant conducted upon the Premises. 18. lf any of the above charges are assessed against the Premises, and because of said assessment, the City pays the same, the City will have the right to, regardless of the validity of any such levy, demand that County repay to City all taxes and other assessments so levied against C1ty. UTILITIES AND CUSTODIAL SERVICES: City agrees that it shall be responsible for the payment of all utilities, including water, sewer, wastewater, gas, electricity, and all custodial services to the Premises. County shall pay City $150.00 per month for utilities and $50.00 per month for custodial services, as reimbursement for those expenses. During the Term of this Agreement, and any extension thereof, it is understood and agreed by the parties hereto that County shall be responsible for the installation, maintenance and cost of any telephone or data communication lines that are required to operate its business, at no cost to City. MECHANIC'S LIEN: County agrees to keep the Premises free from all liens and claims of mechanics, laborers, material suppliers, and others for work done, and material furnished, and County shall not create, or suffer to be created, any lien or encumbrance on the Premises. INDEMNITY/PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE: City understands that County is self-insured. County shall at all times maintain said self- insurance for public liability including bodily injury and property damage including insuring County and City with minimum coverage of $3,000,000 each occurrence. County agrees to indemnify defend and save harmless City from and against all claims of whatever nature arising from any act, omission, or negligence of County or County's contractor's licensees, agents, servants, employees, or invitees, or arising from any accident, injury, or damage whatsoever caused any person or the Property of any person, occurring during the Term of this Lease in or about the property where such accident, damage, or injury, results or is claimed to have resulted, from any act or omission on the part of County or County's agents, servants, employees or invitees. This indemnity and hold harmless shall extend to all costs and expenses, including attorney's fees and costs. County agrees to maintain in full force during the Term of this lease self-insurance which shall contain an additional named insured endorsement naming City as an additional insured. ln addition to the additional named insured endorsement on County's policy of insurance, said insurance policy shall be endorsed to include the following language: "lnsurance as is afforded by the endorsement for additional insureds shall apply as primary insurance. Any other insurance maintained by the City of Lodi or its officers and employees shall be excess only and not contributing with the coinsurance afforded by this endorsement." To the maximum extent permitted by insurance policies which may be owned by City or County, City and County, for the benefit of each other, waive any and all rights of subrogation which might othennrise exist. A duplicate or certificate of said public liability and property damage insurance policy containing the above-stated required endorsements shall be delivered to City within ten (10) business days after the issuance and each renewal of said policy. This paragraph, 19. 20. 21. 22. and all other provisions of this Agreement, shall apply and be construed as applying to any subtenant of County. BANKRUPTCY. RECEIVERSHIP. AND INSOLVENCY: lf County should make a general assignment for the benefit of creditors, or file a voluntary petition in bankruptcy, or be adjudicated bankrupt or insolvent, or permit a receiver to be appointed to take possession of a substantial portion of its assets or of the Premises, and such bankruptcy, insolvency, or receivership proceeding shall not be dismissed within ninety (90) days, then City may, without notice or demand, terminate this Agreement and forthwith reenter and repossess the Premises, and remove all persons therefrom, and under no circumstances shall this Agreement be assignable or transferable by operation of law. ATTORNEY'S FEES. ln case suit should be brought for recovery of the Premises, or for any sum due hereunder, or because of any act which may arise out of the possession of the Premises, by either party, the prevailing party shall be entitled to all costs incurred in connection with such action, including reasonable attorney's fee, the amount of which shall be determined by the court in such suit and added to and become a part of the judgment therein. WAIVER: Failure of City to insist upon performance of any of the terms or conditions of this Agreement in any one or more instances shall in no event be construed as a waiver or a relinquishment of its right to future performance thereof, and County's obligations to such future performance shall continue in fullforce and effect. The receipt by City of Rent, with the knowledge of the breach of this Agreernent or condition hereof, shall not be determined to be a waiver of any such breach. NOTICES: Any notice which either party may or is required to give, shall be given by mailing the same, postage prepaid, to County at the Premises, or City at the address shown below, or at such other places as may be designated by the parties from time to time as provided herein. 23. 24. CITY: Public Works Director City of Lodi P. O. Box 3006 Lodi, California 95241 GOUNTY: County of San Joaquin Attn: General Services Director 44 N. San Joaquin Street, Suite 590 Stockton, California 95202 25.HOLDING OVER: Any holding over after the expiration of the term or termination of this Agreement shall be construed to be a rnonthto-month tenancy in accordance with the terms hereof, as applicable. TIME: Time is of the essence of this Agreement. HEIRS, ASSIGNS. AND SUCCESSORS: This Agreement is binding upon and inures to the benefit of the heirs, assigns and successors in interest to the parties. TENANT IMPROVEMENTS: Tenant improvements ("Tenant lmprovements") for the Premises are shown generally on Attachment "B" - Floor Plan and described on Attachment "C" - Scope of Work, each of which is attached hereto and made a part hereof. AllTenant lmprovements shall be provided and paid for by County. Construction of Tenant lmprovements shall commence upon issuance of a building permit by the City of Lodi, if 26. 27. 28. applicable. Title to allTenant lmprovements listed in this paragraph shall immediately vest in City. Tenant lmprovements shall be constructed in similar form and content to the Floor Plan and Scope of Work attached to this Agreement. 29. OWNER'S LIABILITY: The term "City'as used in this paragraph, shall mean only the owner of the real property. ln the event of any transfer of such title or interest, the City named herein (or the grantor in case of any subsequent transfers) shall be relieved of all liability related to City's obligations to be performed after such transfer. Provided, however, that any funds in the hands of City or grantor at the time of such transfer shall be delivered to grantee. City's aforesaid obligations shall be binding upon City's successors and assigns only during their respective periods of ownership. 30. ACCEPTANCE OF THE PREMISES: County has examined the Premises, knows the conditions thereof, and accepts possession thereof in its present condition. 31. CONTRACT: This Agreement constitutes the entire agreement between the County and City, and no representation or agreement, whether oral or written, unless expressed herein, shall be binding on either County or City. lN WITNESS WHEREOF, City and County have executed this Agreement on the date and year first above written. "clTY' CITY OF LODI, a municipal corporation D. Stephen Schwabauer City Manager Jennifer Robison City Clerk Dated: APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY Janice D. Magdich City Attorney "COUNTY" COUNTY OF SAN JOAQUIN, a political subdivision of the State of California By Rob Lim, P.E. Director of General Services Date: APPROVED AS TO FORM: OFFICE OF COUNTY COUNSEL Jason R. Morrish Deputy County Counsel By By ATTACHMENTS: Attachment "A" - Premises Attachment nB" - Floor Plan Attachment uC" - Scope of Work C:\Users\OwneADocuments\Stansson Consulting\San Joaquin County\Lodi Police Dept. for DA\121514 Final DA Lease for Lodi PD.docx Last printed:1211512014 9:21 AM (E) BOOKCASES, RELOCATED 65'H,5 DRAWER LATERAL FILES et- 65" H,5 ORAWER LATERAL FILES OVERHEAD STORAGE UNDERCOUNTER STORAGE OVERHEAO STORAGE JWll )=*lJr r! I z-0" I BOOKCASES, RELOCATED fEE6FosED--lI or oerrce I OVERHEAD STORAGE DA OFFICE FURNITURE: SYSTEM FURNITURE: (2 @ ru\810' MAx.) wlTH OVERHEAD STORAGE AND UNDERCOUNTER STORAGE AS SHOWN (E) BOOKSHELVES TO BE REUSED (N) LATERAL FILES. Et998!E (N) CARPET, eoLoR rBo l!&tq PATNTED, cofoR TBo ADIII'iIISTRATIVE OPEI'I OFFICE FURNITURE: SYSTEM FURNITURE: (3 @ 6€\7-0' MAX.) WITH OVERHEAD STORAGE AND UNDERCOUNTER STORAGE AS SHOWN ELOOBING: (E) CARPET TO REMAIN WALLS: (E) FlNlSl{ TO REMAIN STAffORD KINGwr€s€ AIcHtTEC?t 114" = 1'4" JOAQUIN COUNTY DA OFFICE REMODEL ffiffi* lffi;Gffiiil Attachment'C" - Scope of Work San Joaquin County District Attorney's Office Space City of Lodi Police Department 215 West Elm Street, Second Floor, Lodi, CA Scope of Work shall include the following: 1. Tenant improvements, to convert an existing storage room into office space.- Furnish and install carpet.- Furnish and apply paint.- Minor electrical modifications.- Fumish and install/voice/data cabling.- Furnish and installtwo (2) private office desks, chairs, ancillary furniture, and one (1) printer/copier/fax machine. 2. Furnish, install, electriff, and voice/data cable a three (3) workstation modular furniture cluster in the open office space adjacent to the new office space. 3. Furnish and install San Joaquin County voice/data functionality.