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HomeMy WebLinkAboutAGENDA REPORT 2001 0801 CC REG ITEM 10GTO: FROM: DATE: MOORPARK CITY COUNCIL AGENDA REPORT The Honorable City Council Steven Kueny, City Manager � � `� • 830 ITEM , Gr of ACTiON:4PPROufr-) 57Hr-Pr RAM M ©va�477oN By: July 26, 2001 (CC Meeting of August 1, 2001) SUBJECT: Consider Amendment to Lease Agreement with Moorpark Unified School District at 30 Flory Avenue for Expansion of Moorpark Police Services Center In June 1998, the City Council approved a Lease Agreement with Moorpark Unified School District (MUSD) for approximately 4,000 square feet of office space at 30 Flory Avenue. The administrative and detective services portion of the City's contract personnel with the Ventura County Sheriff's Department and related volunteer services were relocated to the Moorpark Police Service Center in September 1998. The current rent is $2,200 per month and is scheduled to increase to $2,600 per month on July 1, 2002. The Sheriff's Department has proposed relocating patrol services that service Moorpark to this location by leasing approximately 2,500 square feet being vacated by MUSD. A copy of the current Lease Agreement is attached. It is anticipated that the City can have use of the space on or about September 1, 2001. The rent amount has not been determined. It is expected to be about the same amount per square foot (currently 55 cents) for the existing space. Costs for interim improvements to permit use of the facility will be borne by the Sheriff's Department. An appropriation of funds will be needed for this new expense as well as related costs for utilities and janitorial services. A preliminary estimate is $20,000 for ten (10) months. A request will be presented to the City Council on September 5, 2001. The Honorable City Council Re: Amendment to Lease Agreement with MUSD at 30 Flory Avenue Page 2 July 26, 2001 (CC Meeting of August 1, 2001) STAFF RECOMMENDATION: Approve Amendment subject to final language approval of City Manager and City Attorney and authorize City Manager to sign on behalf of the City. SK:db Attachment: Real Property Lease Agreement, Use of Office Space and Ancillary Facilities, 30 Flory Avenue, dated 6 -5 -98 M: \city share \city manager \everyone \ccagenda \Amend Lease at Flory wMUSD 0801 2001 REAL PROPERTY LEASE AGREEMENT Use of Office Space and Ancillary Facilities 30 Flory Avenue This Lease Agreement is entered into this 5th 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. The intent of the Moorpark Unified School District is to provide physical facilities where the City of Moorpark will station police and public safety officers for the purposes of insuring the safety of District students and the general public. This arrangement has been determined to be mutually beneficial to the Moorpark Unified School District and 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 feet 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) unreserved 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. Page I of 4 e400111 2 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 or 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 limited to public safety services. By use of the facility 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 though 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. Page 2 of 4 e 0 0,1 Common Areas: Except in cases of reasonable wear and tear, incidents or circumstances that cause damage to common areas of the property, including but not limited to parking areas, landscaping exterior walls, etc., that are found to be caused by the City or agents of the City working under its authority shall be repaired by the District, at the expense of the City. Telephone /Data Services: City 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. The City shall provide the District unlimited access to the common phone closet located in the space occupied by the City. The subject phone closet is located immediately east of Room #35 shown on Attachment No. 1 hereto. Access is required for regular maintenance of District communications hardware including telephone lines and data communications hardware currently in use by the District. 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: �T`� Page 3 of 4 � 0114 To: Moorpark Unified School District District Superintendent 30 Flory Avenue Moorpark, California 93021 To: City of Moorpark City Manager 799 Moorpark Avenue Moorpark, California 93021 Entire Lease: This Lease Agreement 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. Venue: This Agreement is made, entered into, executed in Ventura County, California, and any 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 DISTRICT 1 District Super ntendenf . f CITY OF MOORPARK City Manager i Date:. Date*� Page 4 of 4 Steve Kueny From: Bob Lemay [Bob.Lemay @mail.co.ventura.ca.us] Sent: Friday, June 01, 2001 3:44 PM To: Steve Kueny Subject: Space at Flory School ** High Priority** Steve, The sguare footage for the new or addtional area is 2880. The total for both, new and old, is 6,400. Bob 1 Steve Kueny From: Bob Lemay [Bob.Lemay @mail.co.ventura.ca.us] Sent: Friday, April 20, 2001 10:01 AM To: Fjdmusd @aol.com Cc: Steve Kueny; Chris Godfrey Subject: Addtional Space ** High Priority** Frank, 1. Do you have any idea of what the additional costs would be for the added space we're looking at? 2. Do you have a date when you will be vacating the space? 3. As you may know, we are still waiting on the County School District to see if they; 1 st can afford the space and, 2dnly, if they do if they will be interested in swapping their's with ours. If you do, lets talk about it over lunch one day at our favorite spot. It's my turn to buy! Bob 1 CITY OF MOORPARK OFFICE OF THE CITY MANAGER INTEROFFICE MEMORANDUM TO: Hugh R. Riley, Assistant City Manager FROM: Steven Kueny, City Manager C DATE: April 6, 2001 SUBJECT: Administration of Real Property Lease Agreement with Moorpark Unified School District for Police Service Center As discussed with you, the subject lease along with other real property matters is your responsibility. Recently, the District notified the City that it had failed to increase the rental amount consistent with the lease . The City has since paid the corrected rent . It is your responsibility to make certain the City adheres to the lease terms and to represent the City on all matters pertaining to the lease . The Director of Administrative Services has been provided a copy of the Lease Agreement and will schedule the rental payments to increase consistent with the lease terms . At your earliest convenience, review the lease with Captain LeMay to determine if he has any matters of concern. SK:db CC : Dana Shigley, Director of Administrative Services Captain Bob LeMay, Moorpark Police Department M:\citymgr\Admin of Real Property 0406 2001 MOORPARK Aw UNIFIED SCHOOL DISTRICT 30 Flory Avenue, Moorpark, California 93021 (805)378-6300 March 22, 2001 Mr. Steve Kueny City Manager City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 Dear Mr. Kueny: In a recent review of the lease agreements for the Moorpark Unified School District, it was discovered that there were issues with the Real Property Lease Agreement for Use of Office Space and Ancillary Facilities at 30 Flory Avenue between the District and the City of Moorpark In accordance with the Real Property Lease Agreement for Use of Office Space and Ancillary Facilities at 30 Flory Avenue, effective July 1, 2000, payments were to increase from $1,400 per month to $1,800 per month. However, our records show the City payments have continued at $1,400. In addition, the agreement states that "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." To date, the utility payments have not been received. In addition, per this agreement, beginning July 1, 2001, payment will increase to $2,200 per month. I have attached two invoices that reflect amounts due in accordance with the above-referenced agreement that have not been received. Payment of these two amounts will bring the City to a current status as of April 1, 2001. I am sorry if this causes any inconvenience for the City at this time. However, I am sure you are interested in complying with all the terms of the agreement. If you have any questions, please contact me at 531-6437. Sinc rely, 4 6, Larry F. Brown Assistant Superintendent Business Services cc: Frank DePasquale R SKueny From: Bob Lemay[Bob.Lemay @mail.co.ventura.ca.us] Sent: Monday, March 19, 2001 1:43 PM To: Fjdmusd @aol.com Cc: skueny @ci.moorpark.ca.us Subject: Extra Space ** High Priority ** Frank, I was just advised that the Department is now in serious need for extra space at the East County Patrol Station. As I had previously mentioned to them, we have a need to expand here. However, I believed we might have missed the boat. Never saying die, they now would like me to find out who the potential renter is, which I believe is County School District, so we can bear some pressure of them for the space. So, could you provide me with the information before they activate our SWAT guys? (Just a joke) Thanks. Bob 1