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HomeMy WebLinkAboutReso 44-19 Approving a Lease Agreement with the State of CA Fish & Game for North T-Pier for Patrol Vessel Accommodation DockRESOLUTION NO. 44-19 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA APPROVING A LEASE AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE FOR EXCLUSIVE TIE-UP SPACE ON THE NORTH T-PIER FOR A PATROL VESSEL ACCOMMODATION DOCK THE CITY COUNCIL City of Morro Bay, California WHEREAS, in 2017 the City of Morro Bay entered into atwo-year Lease Agreement with the State of California Department of Fish and Wildlife for exclusive tie- up space on the North T-Pier for an accommodation dock for the Department of Fish and Wildlife's patrol vessel BLUEFIN, and, WHEREAS, the California Department of Department of Fish and Wildlife wishes to continue the use and enter into a new two-year Lease Agreement; and, WHEREAS, the California Department of Department of Fish and Wildlife and City have agreed to terms and conditions of a new two-year Lease Agreement, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California as follows: 1. The Lease Agreement with the California Department of Department of Fish and Wildlife for a two-year term for exclusive use of space on the North T-Pier for a patrol vessel accommodation dock is hereby approved; and 2. The Mayor is hereby authorized to execute the lease document. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 11th day of June 2019 on the following vote: AYES: Headding, Addis, Davis, Heller, McPherson NOES: None ABSENT: None ATTEST: 5>� na Swanson, City Clerk State of California — Department of Fish and Wildlife DELEGATED SHORT FORM LEASE DFW 578 (REV 12/19/18) LEASE COVERING PREMISES LOCATED AT: City of Morro Bay 1275 Embarcadero Morro Bay, CA 93442 LESSOR'S FEDERAL TAX. I.D. OR SOCIAL SECURITY NUMBER: TENANT AGENCY: California Department of Fish and Wildlife ii�lS LEASE, made and entered into this 29 City of Morro Bay File Number: 1661-002 Project Number: 5491 day of MaY by and between hereinafter called Lessor, and the State of California, by and through its duly appointed, qualified and acting Director of the Department of Fish and Wildlife, hereinafter called State. WITNESSETN; 1. Lessor hereby leases unto State and State hereby hires from Lessor those certain premises situated in the City of Morro Bay County of San Luis Obispo State of California, and more particularly described as follows: North "T" Pier attachment of a 60' floating dock, For the P/V Bluefin. 2. The term of this lease shall commence onJuly 1, 2019 ,and shall end on June 30, 2022 with such rights of termination as may be hereinafter expressly set forth. 3. State may terminate this lease any time effective on or after July 1, 2019 by giving notice to Lessor at least thirty (30) days prior to the date when such termination shall become effective. 4. Rental shall be paid by the State in arrears on the last day of each month during said term as follows: Five Hundred Forty Seven Dollars and Fifty Gents ($ 547 50 ) From: July 1, 2019 through June 30, 2022 5. 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 Morro Bay Attn: Eric Endersby 1275 Embarcadero Morro Bay, CA 93442 California Department of Fish and Wildlife PO Box 944209 Sacramento, CA 94244 Phone: (805) 772-6254 Fax: (805) 773-6258 Phone: (916) 445-9621 Fax: �916) 445-5151 Nothing herein contained shall preclude the giving of any such written notice by personal service. Page 1 of 3 State of California — Department of Fish and Wildlife DELEGATED SHORT FORM LEASE DFVV 578 (REV 12/19/18) 7. Lessor shall furnish to State, during the lease term, at Lessor's sole cost, the following services and utilities: A. C. 8. During the lease term, Lessor shall maintain the leased premises together with appurtenances, rights, privileges, 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. 9. Lessor reserves the right to enter and inspect the leased premises, at reasonable times, and to make any necessary repairs to the premises. 10. 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. 11. 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. 12. 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. 13. 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. 14. 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. 15. 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 (Government Code, Sections 11135-11139.5), and the regulations or standards adopted by the awarding State agency to implement such article. Page 2 of 3 State of California — Department of Fish and Wildlife DELEGATED SHORT FORM LEASE DFW 578 (REV 12/19/18) 16. 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 monthAo-month basis, subject to thirty (30) days termination by either party, and otherwise on the terms and conditions herein specified, so far as applicable. 17. 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. 18. Lessor hereby represents and certifies that it has fully complied and covenants to remain in compliance during the term of this lease, with Disabled Veteran Business Enterprise (DVBE) participation goals or has made good faith efforts, as the case may be, as required by Public Contract Code Section 10115 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. 19. Upon completion of this lease, Lessor agrees to submit a final report identifying all DVBEs used in __ providing services or supplies to this lease. Efforts to includeDVBEs 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. 20. Except in emergency situations, the Lessor shall give not less than 24 hours prior notice to State tenants when any pest control, remodeling, renovation, or repair work affecting the State occupied space may result in employee health concerns in the work environment. IN WITNESS WHEREOF, this lease has been executed by the parties hereto as of the date first above written. LESSOR Valinda Roberts Headding, Mayor Printed Name Chief, Business Operations Section Business Management Branch Page 3 of.3