Loading...
HomeMy WebLinkAboutAGENDA REPORT 1998 0603 CC REG ITEM 10F j ITEM I 0 • �. CITY OF MOORPARK,CALIFORNIA City Council Meeting o_ (.0 3 • aa , ACTION:4onrom loo. Urmeni S_ VJ i th oQ on -`1 fro m CITY COUNCIL AGENDA REPORT cLK re or BY:. I ----- TO: The Honorable City Council FROM: John E. Nowak, Assistant City Manager ��'°-� DATE: 28 May 1998 (Council meeting of 06-03-98) SUBJECT: Approve Lease Agreement with Moorpark Unified School District and Determination on Use of Leased Office Space Discussion: At its meeting of May 20, 1998 the City Council directed staff to work with the Moorpark Unified School District to come up with a lease agreement for a lease of approximately 4,000 square feet of office space at 30 Flory Avenue, and that the lease agreement was to include language that would allow police and other municipal uses for the Flory Avenue building. Consideration of the lease agreement was continued to the June 3 Council meeting. The Council left open a determination on how all of the office space is to be utilized. The draft Real Property Lease Agreement has been distributed to the Council under separate cover, and is for approximately 4,000 square feet of office space, including restroom facilities, and ancillary facilities. The Lease runs for five (5) years and may be extended for an additional three (3)years. It calls for the use of 14 parking spaces during business hours and five spaces during non-business hours. The District would assure that the restrooms meet ADA requirements. The City would be able to make internal modifications to the office space. The City would also be able to use the existing monument sign at the premises and to install other signage with the District's approval. The space would be used for municipal office operations, including, but not limited to public safety services. The Lease makes clear that the City's use of the facility for office space does not grant the District any explicit or implied approval to use their property for any use other than that permitted by the General Plan and Zoning Ordinance. Rent will be for free the first year. Beginning July 1, 1999 the lease would be $16,800 and increases by $4,800 per year to $31,200 for FY 2002-03. The lease amount for any extensions would be limited to the annual increase in CPI. The District would not charge for utilities in FY 1998-99. Beginning July 1, 1999 the City would pay the District $4,000 per year for utilities. The City would be responsible for telephone and data services installation and costs. The District will provide landscape maintenance and the City would provide custodial services. Indemnification clauses are included in the lease with the District carrying the property insurance and the City providing liability insurance through the JPIA program. Lease Agreement - 30 Flory Avenue Meeting of 03 June 1998 Page 02 As discussed at the May 20 Council meeting, the Council has options available regarding the actual use of the leased office space. The immediate need is to relocate the Police Resource Center which must vacate its current location no later than June 6. This can be readily accomplished at the Flory Avenue site with minimal interior modifications. There is no urgency to move the remaining police operations out of the East Valley Station, providing the City an opportunity to more carefully identify the space needs and use at the Flory Avenue site. The Council may consider the following options: 1. Move the police services to the District facility as proposed and not provide for any future City Hall staff to locate in the facility; or 2. Move the police services to the District facility as proposed and provide that City Hall staff could locate there at a later date after Council review of the space needs study; or 3. Defer the police services moving to the District facility until the Space Needs Study is completed and the Council can be advised if approximately 1,000 square feet of the office space can be used by City Hall staff and make an appropriate decision at that time; or 4. Move the police services to the District facility but provide that only about two-thirds of the space is used at this time. Recommendation: That the City Council (1) approve the Real Property Lease Agreement with the Moorpark Unified School District for office space at 30 Flory Avenue, subject to final language approval by the City Manager and City Attorney, and authorize the City Manager to sign said Agreement; and (2) select one of the four options provided in the staff report for use of the District facility. O®OVA CITY COUNCIL AGENDA REPORT TO: The Honorable City Council FROM: John E. Nowak, Assistant City Manager DATE: 02 June 1998 (Council meeting of 06 - 03 - 98) SUBJECT: Approve Lease Agreement with Moorpark Unified School District Agenda Item #10 F Discussion: The Real Property Lease Agreement presented to the Council is for approximately 4,000 square feet of office space, including restroom facilities, and ancillary facilities. The Lease runs for five (5) years and may be extended for an additional three (3)years. It calls for the use of 14 parking spaces during business hours and five spaces during non-business hours. The District would assure that the restrooms comply with ADA requirements. The City would be able to make internal modifications to the office space. The City would also be able to use the existing monument sign at the site and to install other signage with the District's approval. The space would be used for municipal office operations, including, but not limited to public safety services. The Lease makes clear that the City's use of the facility for office space does not grant the District any explicit or implied approval to use their property for any use other than that permitted by the General Plan and Zoning Ordinance. Rent will be for free the first year. Beginning July 1, 1999 the annual lease would be $16,800 and increases by$4,800 per year to $31,200 for FY 2002-03. The lease amount for any extensions would be limited to the annual increase in CPI. The District will not charge for utilities in FY 1998-99. Beginning July 1, 1999 the City would pay the District $4,000 per year for the stated utilities. The City would be responsible for telephone and data services installation and costs. The District will provide landscape maintenance and the City would provide custodial services. Indemnification clauses are included in the lease with the District carrying the property insurance and the City providing liability insurance through the JPIA program. Recommendation: That the City Council approve a Lease Agreement with the Moorpark Unified School District for office space at 30 Flory Avenue, subject to approval of final language by the City Attorney and City Manager, and authorize the City Manager to execute the Agreement. Attachment: Lease Agreement REAL PROPERTY LEASE AGREEMENT Use of Office Space and Ancillary Facilities 30 Flory Avenue This Lease Agreement is entered into this day of June 1998, by and between the City of Moorpark (City) and the Moorpark Unified School District (District) for occupancy of office space and ancillary facilities located at 30 Flory Avenue by the City of Moorpark. Term of Lease: This Lease shall begin on June 5, 1998 and shall end on June 30, 2003. The Lease may be extended by mutual agreement of the parties hereto for an additional three (3) year period ending June 30, 2006. This Lease may be terminated by City prior to June 30, 2003 by providing District with a ninety (90) day prior written notice of its intent. Premises: The City shall occupy approximately four thousand (4,000) square fee t of office space, including restroom facilities located at 30 Flory Avenue, Moorpark California, as more specifically shown on Attachment No. 1 hereto and made a part hereof. District shall also make available to City a minimum of fourteen (14) parking spaces in proximate location to the office space. District warrants that the premises are constructed in accordance with applicable building codes and that the restrooms to be provided are in compliance with the Americans With Disabilities Act(ADA). District shall, at its sole expense, make such modifications as may be necessary to bring the premises into compliance with ADA requirements. City shall be authorized to make such internal modifications to the office space contained in this lease as it deems appropriate, provided that no modifications may be made to any structural aspect of the office space without the prior written approval of the District. City shall be entitled to use of the monument sign located at the entrance to the office space and to make such modifications at its sole cost. Further, City shall be entitled to install such other signage at the entrance of the District property or upon the exterior of the office space subject to this Lease at its sole cost and with the prior written approval of the District. Intent and Use: City shall use the office space provided for in this Lease for municipal office operations, including, but not limited to, public safety services. By use of the facility LEASE AGREEMENT - 30 FLORY AVENUE PAGE 2 of 4 for municipal office operations, the City and District warrant that there exists no explicit nor implied intent, approval or promise for the use of the District land or facilities that are the subject of this Lease Agreement for any use other than that which is specifically authorized pursuant to the City of Moorpark General Plan and Zoning Ordinance, and that the lease of this office space by City shall not grant to District any premise or basis whatsoever upon which to request any land use or zoning changes in the future from the City. Further, City warrants and District concurs that by such lease City has exempted itself from the zoning requirements of the R-2 zone. Rent: In consideration of the use of the office space and ancillary facilities referred to herein, the City shall pay District the following monthly amounts in rent: Beginning June 5, 1998 $ 0.00 Beginning July 1, 1999 $1,400.00 Beginning July 1, 2000 $1,800.00 Beginning July 1, 2001 $2,200.00 Beginning July 1, 2002 $2,600.00 Should the City and District mutually agree to extend this Lease, the base monthly rent amount shall not be increased by more than the annual increase in the Consumer Price Index (CPI) at that time. The rent shall be due and payable prior to the first date of each month and shall be deemed late if not paid prior to the tenth day of the month in which it is due. Utilities: District shall not charge City for any utilities for the period of June 5, 1998 through June 30, 1999. Beginning July 1, 1999 and each year of this Lease thereafter, City shall pay District the annual amount of four thousand dollars ($4,000.00), payable. semiannually, for electricity, natural gas, water, and sewerage fees. Maintenance: The District shall provide landscaping services at the premises at no cost to the City. City, at its own discretion and cost, will provide custodial services for purposes for cleaning and maintaining the office areas. Telephone/Data Services: Cities shall, at its sole expense, provide and maintain telephone and data services to the office space. District shall provide any access necessary to install and maintain said services. LEASE AGREEMENT - 30 FLORY AVENUE PAGE 3 of 4 Insurance: During the term of this Lease City shall provide District with a Certification of Self Insurance indicating that the City is self-insured for liability claims arising from the lease of the office space and ancillary facilities. During the term of this Lease, District shall provide City with proof of property insurance covering the leased office space and ancillary facilities. Indemnification: The City shall hold harmless, indemnify and defend the District and its officers, employees, servants and agents from a claim, demand damage, liability, loss, cost or expense for damage resulting from, or in any way connected with the City's use of the leased office space. The District shall hold harmless, indemnify and defend the City and its officers, employees, servants and agents from a claim, demand damage, liability, loss, cost or expense for damage resulting from, or in any way connected with actions of the District's officers, employees, servants or agents and relate to the City's use of the leased office space. Notices: Any notice to be given pursuant to this Lease Agreement shall be in writing and all notices and any other document to be delivered, shall be delivered by personal service or by deposit in the United States mail, with postage prepaid, and addressed to the party for whom intended as follows: To: Moorpark Unified School District District Superintendent 30 Flory Avenue Moorpark, California 93021 To: Cities of Moorpark City Manager 799 Moorpark Avenue Moorpark, California 93021 Entire Lease: This Lease Agreements constitutes the entire agreement of the parties concerning the subject matter hereof and all prior agreements or understandings, oral or written, is hereby merged herein. This Agreement shall not be amended in any way;except in writing expressly purporting to be such an amendment, signed and acknowledged by both parties hereto. LEASE AGREEMENT - 30 FLORY AVENUE PAGE 4of4 Venue: This Agreement is made, entered into, executed in Ventura County, California, and nay action filed in any court or for arbitration for the interpretation, enforcement or other action to herein shall be filed in the applicable court in Ventura County, California. Signatures: This Lease Agreement is entered into the date first written above by the parties hereto. MOORPARK UNIFIED SCHOOL CITY OF MOORPARK DISTRICT District Superintendent City Manager Date: Date: )o"tt•10'.. �o'_yG'o t6�� Gl.eii r`i I a� tyJC I:IZ I a� v`� j w D ?,, '� a '� -=1-6----- -fl� 121-- © `:J p� o LI � �° 41 i I 46 i 11 �,1 r 1� 1 6�0 MI �11 ,•I.ph•. O 74 E3 ® © r U 1O t Z1 M II 1 01 © I _ EN I to a02 it 1 .A'• l( qq����y�C' /I I © IF a� < YI t<l OT f3 -b. s� IL �1 0. " I " I y� '-'S•z.s Ob � - a r ` _' Al ¢ O 2 1 -gy a o s I ED In 19 Zy I Ls O p LZ lyl_ou .6 y•ol u ,t -o'�'r o'•o° v oo :rJo° � 15'0" _ I @-{ � ®' 4.• - 1 I _ T 106 4 i1 t © 4."182 q�:.1J2 ® 19 _. ttif• �.' 7: Es -- Ka s '�4. 41�7 Ido'fer E+d•� --� l�M (e1.6M- iYAo i�;'`L-_._ , 'f Ito" G�� 1,0' •. afo o'IIV�3�°n-o+fbOJ'.fi1. I'o i02'o°F.ttSlu�d�• -- 1231011 �,�•e.°IVNI_-se-iYO IwueC 1 swce wao W ros*5 C nwx..\ F4O�R.Pi.AI' , r 1/R•�i'-O' '�^—S%L."fTWaLluw.sr;.Ynw ..° SCi MSTS w/NON-SMWNK - flF1N.ENLMIq UDS,Ib:O.E. -O.UCiJE1D 14(MzA"EaNT. 2 QAo1,1T IN SYiq 4.1•sL.CEVE� - °i"6 CEDnr� v+NICS FICID :c5:1'AS•�Gn. IVi r _ oirKU1+M11L1b M{I1W ues ----•sn..it w�os.'.rl.oa HE:oeO Ml RE . �,�z"eno.coc,c5. -<laylw.rcrp+ata.yxw•saif'wrlw, sean.ls"lOmo rt Lzrr. G dIK� a ' WGH4, Lam.-TL.b"dLCET' - ' - --T-- (2 rM SiM) bLT W t4OW- NR1uK EZf- Pfltr. 18 GI1•IiM-N4+-`Jfsivci. •� :���ooa��Illl <,evl•r lu otLr EVEO FOCXCTS. Q' sn+oo w+MeYbW wll - .,z L I�OGWx..WC¢D R.S - ueS.Gt�a,",r 14•o.c. j. � -r _ revll+q wati cui+ ea l -+-- - ID - � - - - Ib - � � _ t.IrIL:WeCR1 WD•"1iLW YSG } J ." -T tout.rLa.rriA CUw WALL 1 ,•1' - aH ltorYW�14«I4ztvtl �Et�O f`LLt. 1 .. N/vfq Ylal'i 9OY. HU e KM.t'1.1�.M 1YK.yy.MIN. �'4�.'}tl♦•_!•Y'•14 �t1.�7 tvx"rwcrn�voN -. � t :sir T(;,•4Y.,... ,il•` y' t yi :`TAWtV—WK WN'10 E vtWJ.-TyfIG►v_.