Item 18 - Lease of County Property Adjacent to City Hall to Provide for the Construction of a Parking FacilityAGENDA REPORT
CITY OF POWAY
This report is included on the Consent Calendar. There will be no separate discussion of the
report prior to approval by the City Council unless members of the Council, staff or public
request it to be removed from the Consent Calendar and discussed separately. If you wish to
have this report pulled for discussion, please fill out a slip indicating the report number
and give it to the City Clerk prior to the beginning of the City Council meeting.
TO: Honorable Mayor and Members of the City Council
FROM: James L. Bowersox, City 4
INITIATED BY: John D. Fitch, Assistant City Manage-
DATE: August 5, 1986 U
SUBJECT: Lease of County Property Adjacent to City Hall to Provide for the
Construction of a Parking Facility
UEr. TNi
It is recommended that the City Council approve an agreement for the lease of
the County property adjacent to the Poway City Hall.
Previously the City Council approved a landscape plan and parking lot design for
the County property adjacent to the Poway City Hall. In addition, the City
Council authorized staff to Cork with the County of San Diego to prepare a lease
for the site.
Tne County has recently completed their review of the lease and has forwarded it
to the City for adoption by the City Council. Following the adoption of the
lease by the City Council, it will be placed on the agenda for approval by the
County Board of Supervisors.
The Public Services Department has previously requested a proposal by Berryman
Stevenson, Inc. (BSI) for the final design of the project and the preparation of
the bid specification. The BSI proposal to perform these tasks was in excess of
the amount anticipated for this project. As a result, it was decided to have
the project designed and the bid specifications prepared by the City's in -house
design team. It is estimated that this cork not be completed for several
months.
ACTION: APPRovED.
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Staff Report
August 5, 1986
Page 2
The lease is for two successive five -year terms with a rent of $1 for the full
term.
The lease has been reviewed and approved by the City Attorney, and the Planning
Services Department has issued a categorical exemption fran CEQA review.
It is recommended that the City Council approve the lease with the County of San
Diego.
JLB:JDF:lc
Attachments:
Lease
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AUG 5 IS66 ITEM 18
June 30, 1986
COLATY OF SAN
O11GO
DEPARTMENT OF GENERAL SERVICES
5555OVERLAND AVENUE, BLDG Z
RM 240
SAN DIEGO, CALIFORNIA 92123-1630
(619) 565 -5293
John D. Fitch
Assistant City Manager
City of Poway
P.O. Box 789
Poway, CA 92064
RECEIVED
UL 7 11bo
CITY r MGMALA J vrr10E
SUBJECT: LEASE OF COUNTY PROPERTY ADJACENT TO POWAY CITY HALL FOR PARKING
LOT USAGE
Dear John:
County staff has completed its review of the proposed lease. Minor changes
were made to the preamble and conclusion of the lease in order to make them
consistent with standard County leases. In addition, a special provision
has been added to the lease that requires the City of Poway to make an
environmental impact review of the project if such is deemed necessary under
the California Environmental Quality Act Guidelines. Aside from that, the
agreement remains essentially the same.
Enclosed you will find three copies of the lease. Please sign and date two
copies and return them to the above address, Attention: Chuck Gaines, Real
Property Agent.
An executed copy of the agreement will be returned to you following approval
by the Board of Supervisors. If you have any questions please contact Mr.
Gaines at 565 -3961.
Sincerely, eUMA CLAR ENCE E. KN, ector (Acting)
Department of Genera Services
P
RPM:JCG:sjn
Enclosure
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ARCHITECTURE & ENGINEERING COMMUNICATIONS REAL PROPERTY MANAGEMENT
FLEET OPERATIONS FACILITIES SERVICES
u
LEASE AGREEMENT
13325 CIVIC CENTER DRIVE
LESSOR: COUNTY OF SAN DIEGO
LESSEE: CITY OF POWAY
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POWAY, CALIFORNIA
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TABLE OF CONTENTS
CLAUSE
NUMBER
CLAUSE TITLE
PAGE
1
DEFINITION OF TERMS . . . . . . . . .
. . . . . . . .1
2
PURPOSE . . . . . . . . . . . . . . .
. . . . . . . .2
3
TERM ........................2
4
RENT ........................2
5
USE .........................2
6
INSURANCE . . . . . . . . . . . . . .
. . . . . . . .3
7
INDEMNIFICATION . . . . . . . . . . .
. . . . . . . .5
8
ASSIGNMENT OR SUBLEASING . . . . . .
. . . . . . . .6
9
MINERAL RIGHTS . . . . . . . . . . .
. . . . . . . .6
10
EASEMENT RESERVATIONS . . . . . . . .
. . . . . . . .6
11
COVENANT FOR MECHANIC'S LIEN . . . .
. . . . . . . .6
12
BILLBOARDS AND SIGNS . . . . . . . .
. . . . . . . .7
13
NON- DISCRIMINATION . . . . . . . . .
. . . . . . . .7
14
AFFIRMATIVE ACTION PROGRAM . . . . .
. . . . . . . .7
15
ADMINISTRATION . . . . . . . . . . .
. . . . . . . .8
16
SPECIAL PROVISIONS . . . . . . . . .
. . . . . . . .8
17
ENTIRE AGREEMENT . . . . . . . . . .
. . . . . . . .9
AUG 5 1986 ITEM 18
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LEASE AGREEMENT
THIS LEASE AGREEMENT, made and entered into this day of
, 19_, by and between the COUNTY OF SAN DIEGO, hereinafter
called "County ", and the City of Poway, hereinafter called "Lessee ", without
reference to number or gender,
WITNESSETH:
That for and in consideration of the rentals, agreements, and
conditions as hereinafter specifically set forth to be faithfully paid, kept, and
performed by Lessee, County hereby rents and lets, and Lessee hereby takes
possession of, hires, rents, and accepts the Premises and appurtenances thereto
consisting of that certain real property situated at 13325 Civic Center Drive,
Poway, California, owned by County and hereinafter referred to as the Premises,
all of said property being delineated on the plat marked Exhibit "A" attached
hereto and by this reference incorporated herein.
It is understood and agreed by and between the parties hereto as
follows, to wit:
1. DEFINITION OF TERMS. The following words in this Lease shall have
the significance attached to them in this clause unless otherwise apparent from
their context:
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(a) "Lease" means this Lease Agreement.
(b) "Premises" means the real property delineated on Exhibit "A ".
(c) "Board" means Board of Supervisors of the County of San
Diego.
(d) "Lease Administrator" means the Director, Department of
General Services, County of San Diego, or upon written notice
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to Lessee, such other person as shall be designated Lease
Administrator from time to time by the Board.
2. PURPOSE. The purpose of this lease is to allow Lessee to
construct and use parking lot improvements, and install and maintain landscaping
on the premises as is generally shown in the attached conceptual diagram marked
Exhibit "A ". Said improvements are intended to beautify and make useful the
Premises which are directly in front of and whose unimproved state impacts upon
the appearance of the Poway City Hall. The improvements are designed so that
they may be used by County for the planned Sheriff's Substation upon its
construction. The cost of constructing said improvements is estimated at
$80,000.
The improvements shall accrue to and become the property of County upon
the termination of this Lease.
3. TERM. The term of this Lease shall be for a period of five (5)
years and shall be deemed to be renewed for two (2) successive five (5) year
periods on the same terms and conditions unless one of the parties serves notice
on the other by registered mail at least sixty (60) calendar days before the end
of a term. The initial five (5) year term of the lease shall commence upon
approval by the Board.
4. RENT. Lessee shall pay County as rent for the Premises the total
sum of E1, payable in advance, for the full term of the Lease.
5. USE. The Premises shall be used primarily as a paved and
landscaped parking lot and such other uses generally and commonly associated with
such use. Any use of the Premises, other than as indicated herein, without the
express written consent of the Lease Administrator, shall be a material breach of
this Lease and may be considered grounds for termination by County.
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6. INSURANCE. Lessee shall maintain insurance, in form acceptable to
County, in full force and effect throughout the term of this Lease. The policy
or policies of said insurance, except for Worker's Compensation, shall name
County as an "Additional Insured" and shall, as a minimum, provide the following
forms of coverage in the amounts specified:
(a) Worker's Compensation to statutory limits; and
(b) Premises liability minimums of one million dollars
($1,000,000) combined single limit bodily injury and property
damage.
(c) The liability insurance shall be in force from the first day
of the term of this Lease.
(d) Each policy of insurance, except for Worker's Compensation,
shall contain the following clauses:
(1) It is agreed that this policy shall not be canceled nor
the coverage reduced until 30 days after the County has
received notice of such cancellation or reduction. The
notice shall be sent by certified or registered mail,
and shall be deemed effective the date delivered to
Lease Administrator as evidenced by properly validated
return receipt.
(2) The insurer waives any right of subrogation against the
County of San Diego which might arise by reason of any
payment under this policy, only as it relates to the
terms and conditions of the contract or lease.
(3) This is considered primary coverage for the County of
San Diego as an additional insured, except for sole
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negligence on the part of the County or County
employees.
Lessee agrees to deposit with County, on or before the effective date of
this Lease, one "Certificate of Insurance for Lease of County -owned Property" for
each of the policies necessary to satisfy the insurance provisions of this Lease,
and to keep such insurance in effect during the entire term of this Lease. Said
certificate of insurance shall be submitted to the Lease Administrator on the
above mentioned Insurance Form or an Insurance Company Policy Certificate with
appropriate endorsements containing the above mentioned clauses 6(d) 1 through 3.
Failure to deposit such certificates shall be grounds for immediate termination
by notification by the Lease Administrator.
County shall retain the right at any time to review the coverage, form, and
amount of the insurance required herein. If, in the opinion of the Lease
Administrator, the insurance provisions in this Lease do not provide adequate
protection for County and for members of the public using the Premises, County
may require Lessee to obtain insurance sufficient in coverage, form, and amount
to provide adequate protection. County's requirements shall be reasonable but
shall be designed to assure protection from and against the kind and extent of
risks which are foreseeable at the time a change in insurance is required.
The Lease Administrator shall notify Lessee in writing of changes in the
insurance requirements, and if Lessee does not deposit with County within sixty
(60) days of such notice a new Certificate of Insurance for each policy of
insurance incorporating such changes, this Lease may be deemed in default without
further notice to Lessee, and may be forthwith terminated by the Lease
Administrator.
If Lessee fails to procure or maintain in effect any policy of insurance as
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required herein, County, in addition to any other rights it has under this Lease,
shall have the right to procure and maintain in effect such required insurance.
Lessee shall be liable for the full cost of such insurance and for any other
expenses incurred by County in procuring same. Such costs and expenses shall be
paid by Lessee to County within thirty (30) days after written notice by County
to Lessee of the amount thereof. If Lessee fails to make such payment as
specified herein, this Lease may be deemed in default without notice to Lessee
and may be terminated forthwith by the Lease Administrator.
The procuring of such required policy or policies of insurance shall not be
construed to limit Lessee's liability hereunder to fulfill the indemnification
provisions and requirements of this Lease. Notwithstanding said policy or
policies of insurance, Lessee shall be obligated for the full and total amount of
any damage, injury, or loss caused by it or its agents, customers, or guests in
connection with this Lease or with use or occupancy of the Premises.
Said insurance shall cover acts and omissions of any sublease, consignee,
permittee, and licensee in an amount satisfactory to County.
7. INDEMNIFICATION. Lessee shall defend, indemnify, and save
harmless County, its officers, agents and employees from and against any and all
claims (whether valid or alleged), demands, and liabilities for loss of any kind
or nature which County, its officers, agents, or employees may sustain or incur
or which may be imposed upon them or any of them for injury to or death of
persons or damage to property as a result of, arising out of, or in any manner
connected with this Lease or with the occupancy and use of the Premises by
Lessee, its invitees, visitors, or any other persons whatsoever. Lessee further
agrees to pay any and all costs and expenses, including, but not limited to,
court costs, and reasonable attorney's fees incurred by County on account of any
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such claims, demands, or liabilities. County shall, to the extent authorized by
law, indemnify and hold harmless Lessee, its agents, employees, and
representatives against all expense, liability, and claims for damage to property
or injury or death of persons resulting from any wrongful or negligent act or
omission of County, its employees and agents on said Premises, or in connection
with the use of said Premises.
8. ASSIGNMENT OR SUBLEASING. Lessee shall not sublease the Premises
or assign this Lease.
9. MINERAL RIGHTS. County hereby reserves all rights, title, and
interest in any and all gas, oil, minerals, and water upon or beneath the
Premises. County shall have the right to enter the Premises for the purpose of
drilling, operating, and maintaining such installations as are necessary or
desirable for the development of said gas, oil, mineral, and water rights.
County hereby reserves the right to grant and use such easements or establish and
use such rights of way over, under, along, and across the Premises for utilities,
thoroughfares, or access as it may deem advisable for the public good.
10. EASEMENT RESERVATIONS. County hereby reserves the right to
establish, grant, or use such easements or rights of way over, under, along, and
across said Premises for access, underground sewers, utilities, thoroughfares or
such other facilities as it deems necessary for the public health, convenience,
and welfare, whether or not such facilities directly or indirectly benefit said
Premises; provided that any such grant or rights shall require that the Premises
be restored to its pre- existing condition.
11. COVENANT FOR MECHANIC'S LIENS. Lessee will save County free and
harmless, and indemnify it from any and all claims for labor and materials in
connection with any improvements, repairs, or alterations to the Premises on the
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part of Lessee, and from the cost of defending against such claims, including
reasonable attorney's fees and court costs.
12. BILLBOARDS AND SIGNS. Lessee agrees that it will not suffer or
permit to be maintained upon the Premises any billboards or advertising signs
without the prior written approval of the Lease Administrator. Nothing herein
contained prevents Lessee from erecting and maintaining safety, warning or
directional signs, of reasonable dimensions, which are not used for the
advertisement of goods or services, provided, however, that all signs permitted
in this clause must conform to County sign ordinances.
13.
NON- DISCRIMINATION.
Lessee herein covenants
by
and for
itself,
its successors,
and assigns, and
all persons claiming under
or
through
it, that
this lease is made and accepted upon and subject to the condition that there
shall be no discrimination against or segregation of any person or group of
persons, on account of race, color, creed, religion, sex, marital status,
national origin or ancestry in the leasing, subleasing, transferring, use,
occupancy, tenure, or enjoyment of the leased premises nor shall Lessee itself,
or any person claiming under or through it, establish or permit any such practice
or practices of discrimination or segregation with reference to the selection,
location, number, use or occupancy of tenants, lessees, sublessees, subtenants,
or vendees in the leased premises.
14. AFFIRMATIVE ACTION PROGRAM. Lessee, by maintaining a business
location within San Diego County and using such business location in a manner
connected with this Lease, shall comply with the Affirmative Action Program for
Vendors as set forth in Article IIIK (Commencing at Section 84) of the San Diego
County Administrative Code, which program is incorporated herein by reference. A
copy of the Affirmative Action Program for Vendors will be furnished to Lessee on
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request.
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15. ADMINISTRATION. This Lease shall be administered on behalf of the
County by the Director, Department of General Services whose mailing address is:
Director, Department of General Services
County of San Diego
5555 Overland Avenue, Building 2
San Diego, CA 92123
and on behalf of Lessee by the City Manager whose address is:
City Manager
City of Poway
13325 Civic Center Drive
Poway, CA 92064
16. SPECIAL PROVISIONS. Lessee and County agree that in the event
there is any conflict between the following special provisions and any other
provisions of this Lease as heretofore set forth, the following special
provisions shall govern:
(a) This Lease shall have no cause or effect until Lessee
undertakes an environmental impact review of the use and
construction upon the Premises as allowed under this Lease.
Said environmental impact review must be performed in
accordance with the California Environmental Quality Act
guidelines and Lessee must provide County with a copy of its
findings pursuant to this provision before any work may begin
on the premises. In the event Lessee does not obtain
environmental clearance by December 31, 1986, this lease may
be terminated by County.
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17. ENTIRE AGREEMENT. This Lease constitutes the complete expression
of the agreement between County and Lessee, and there are no other promises,
representations, agreements or warranties except as set forth herein. There
shall be no alteration, change or amendment to this Lease, except in writing
executed by the parties hereto.
IN WITNESS WHEREOF, the parties hereto have caused this Lease to be
executed by their duly authorized agents effective the date first above written.
Dated:
Dated:
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By:
CITY OF POWAY
Mayor
COUNTY OF SAN DIEGO
By:
Clerk, Board of Supervisors
AUG 5 1986 ITEM 18
_EASE PREMISES-
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• EXHIBIT "A" •
CIVIC CENTER DRIVE
EM
M
@ITY OF POWA
CARL R. KRUSE. Mayor
MARY SHEPARDSON, Deputy Mayor
BRUCE TARZY, Councilmember
LINDA ORAVEC, Councilmember
BOB EMERY, Councilmember
Notice of Exemption
TO: Office of Planning & Research FROM:
1400 Tenth Street, Roan 121
Sacramento, CA 95814
and
County Clerk
P.O. Box 128
San Diego, CA 92112
City of Poway
P. 0. Box 789
Poway, CA 92064
Project Title: Expansion of parking areas to serve City Hall.
Project Location /Address: 13325 Civic Center Drive
CA 92064
Project Description: development of property adjacent to Poway City Hall for
parking lot usage
Pursuant to the procedures of the City of Poway, implementing the California
Environmental Quality Act of 1970, the above - referenced project is exempt from
the requirements for the submittal of an environmental impact report or the
preparation of a negative declaration.
Determination of Exemption is as follows:
Ministerial (Section 15073)
Declared Emergency (Section 15071(a))
Emergency Project (Section 15071 (b) and (c))
X Categorical Exemption, Class 11
Reason Why Project is Exempt: The construction of a small parking lot which is
appurtenant to an existing public building is exempt from CEQA review.
Contact Person: Jim Nessel Phone: (619) 748 -6600
Approved By: 7OA90- 7.1 . /ou w Date: / 1 / 8(o
Reba W. Touw
Director of Planning Services N 5 ITEM 18
City Hall Located at 13325 Civic Center Drive
[ailing Address: P.O. Box 789, Poway, California 92064 • (619) 748 -6600, (619) 695 -1400
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