CONTRACT SUMMARY SHEET

Transcription

1 CONTRACT SUMMARY SHEET TO: THE OFFICE OF THE CITY CLERK, COUNCIL/PUBLIC SERVICES DIVISION ROOM 395, CITY HALL DATE: 11/24/09 FROM (DEPARTMENT): General Services Asset Management CONTACT PERSON: Charles Kuan PHONE: CONTRACT NO.: COUNCIL FILE NO.: ADOPTED BY COUNCIL: 12/04/07 DATE APPROVEDBYBPW: DATE D NEW CONTRACT [ZJ AMENDMENT NO. 1 D ADDENDUM NO. - SUPPLEMENTAL NO. D CHANGE ORDER NO.- CONTRACTOR NAME: Angelus Funeral Home, Inc. TERM OF CONTRACT: _7_/1_IO_7 THROUGH: 6/30/11 (4 years) TOTAL AMOUNT: $2, per month with annual CPI increases PURPOSE OF CONTRACT: Provide office space for Council District Eight. NOTE: CONTRACTS ARE PUBLIC RECORDS - SCANNED AND UPLOADED TO THE INTERNET

2 SUMMARY OF LEASE AMENDMENT BETWEEN AND CITY OF LOS ANGELES 3847 S. CRENSHAW BOULEVARD, LOS ANGELES LAND NO.: CFNO.: Council Approval Date: December 4, 2007 EBOSTATUS: SDO STATUS: SDO Affidavit Receipt Date: July 14, 2009 EEO STATUS: EEO/AA Certification Receipt Date: July 14, 2009 OCC Date: July 14, 2009 CITY ATTORNEY SIGNATURE: November 3,2009 PREMISES' 3847 S. Crenshaw Boulevard, Suite 100, Los Angeles, California ADDRESS: AGENTS: Landlord City: John L. Hill, III: (213) Charles Kuan: (213) LANDLORD: TENANT: ORIGINAL LEASE: AMENDMENT: FORM:, a California corporation 3875 S. Crenshaw Boulevard, Los Angeles, California Telephone: (213) Fax: (213) California Corporate No. C CITY OF LOS ANGELES Deputy City Attorney/Andrew J. Nocas Department Of General Services/Charles Kuan Client: Council Office, CD 8 CONTRACT NO.: C DATED: August 26, 2002 TERM: One year with one 4-year option to renew To extend the term for 48 months (July 1, 2007 to June 30, 2011Ywith one 48 month option to extend; to set the initial rent for the new term; to delete provisions for annual rent increases; to change the provisions for payment of electrical charges; to include the City's right to terminate lease if Council member changes or Council District boundaries change; to change the square footage of the premises, to add City mandated ordinances; and to make other related changes. GENERIC.060 (August 30, 2004)

3 LEASE AMENDMENT BETWEEN AND CITY OF LOS ANGELES 3847 S. CRENSHAW BOULEVARD, LOS ANGELES THIS LEASE AMENDMENT is made 1--1'Dye"" bel" 21, 200q,between ("Landlord") and CITY OF LOS ANGELES ("City"), as Tenant, who agree as follows: 1. Recitals. This Lease Amendment is made with reference to the following facts and objectives: 1.1. Landlord and City entered into a lease, Contract No. C , Right of Way No , attested by the City Clerk on August 26, 2002 ("Lease"), covering certain premises known as Suite 100 and located at 3847 S. Crenshaw Boulevard, Los Angeles, California The Lease had a Term of one year with one 4 year option to extend (Le., commencing on July 1, 2002 and continuing through June 30, 2007) Landlord is a California corporation, with principal offices at 3875 S. Crenshaw Boulevard, Los Angeles, California City is a municipal corporation, organized under the laws of the State of California, acting through its Department Of General Services, Asset Management Division, Suite 201, City Hall South, 111 East First Street, Los Angeles, California Landlord and City desire by this Lease Amendment to extend the term for a forty-eight (48) period (from July 1, 2007 to June 30, 2011), with one (1) forty-eight (48) month option to extend; to set the initial rent for the new term; to add CPI increases each Lease Year with a four percent (4%) cap on increases; to change the provisions for payment of electrical charges; to include the City's right to terminate the lease if the Council member changes or Council District boundaries change; to change the square footage of the premises, to add City mandated ordinances; and to make other amendments to the Lease in order to effectuate such changes Landlord and City mutually agree that this Lease Amendment shall be the Execution Date as defined in Section 10.4, below. 2. Area of Premises. Section 3.1 (page 2) of the Lease is hereby amended to change the reference in the first sentence to the square footage of the Premises from 1781 rentable square feet to One Thousand, Eight Hundred Eighty-Six (1,886) square feet. 3. Term. Section 4.1 (page 2) of the Lease is hereby amended to extend the Term of the Lease for an additional Forty-Eight (48) months, commencing July 1, 2007 and ending June 30, 2011, unless terminated earlier under the provisions of the Lease. 4. Early Termination. A new Section 4.8 is added to the Lease to read as follows: "4.8 Early Termination. The provisions of Sections 4.1 and 4.2 notwithstanding, City may, upon not less than sixty (60) days prior written notice, terminate this Lease upon the occurrence of one or more of the following events: The qualification and assumption to office of a new member of Council for the 8th Council District; The reapportionment or other change in the district boundary lines of the City Council Districts of the City of Los Angeles which results in the Premises being placed in a different Council District or a Page 2 of6

4 situation where the Council Member otherwise desires to relocate the District Office for better service to the newly constituted District. City shall have six months from the occurrence termination under this Section." of such events to send the notice exercising its right of early 5. Base Rent Amounts. Section 5.2 (page 4) of the Lease is hereby amended by adding the following: "The initial base rent for the term and the lease year commencing on July 1, 2007, shall by TWO THOUSAND, SEVEN HUNDRED AND FORTY-TWO DOLLARS ($2,742.00) per month." 6. Annual Base Rent Increases. The provisions of Article 6 of the Lease for annual CPI increases of the base rent will apply to the base rent under this Lease Amendment, commencing in the second lease year of this Lease Amendment; provided, however, that no CPI increase can exceed four percent (4%) of the base rent of the prior lease year. 7. Option to Extend. A new Section is added to the Lease as follows: " Option To Extend. City shall have one (1) forty-eight (48) month extension option commencing at the expiration of the term of the lease on June 30,2011 ("2011 Option Term") for the Premises ("2011 Extension Option"). City shall be required to give Landlord written notice no later than January 1, 2011, of its intention to exercise the 2011 Extension Option. Landlord shall provide City with no more than six (6), nor less than three (3) months prior written notice of the last day by which City must exercise or lose the 2011 Extension Option. The Base Rent for the 2011 Extension Option shall be the base rent per rentable square feet that City is paying for the Premises during the last month of the initial Term under this Lease Amendment, subject to the adjustment procedures under Article 6 of the Lease. City shall not have any extension right if then in default under the Lease (with any applicable cure period having expired). The 2011 Extension Option shall not be personal to City and may be exercised by any assignee of the Lease permitted under the provisions of the Lease. The 2011 Extension Option shall be applicable to all space leased by City pursuant to this Lease: Section 8. Electricity. Sections and (page 16) of the Lease are hereby deleted and replace by a new reading as follows: " Electricity. Commending July 1,2007, City shall pay Landlord for the cost of electricity consumed by the Premises by paying Landlord Fifty-Seven Percent (57%) of Landlord's actual billed cost for electricity for the building of which the Premises is a part. If the term is extended for an additional fortyeight (48) months (2011 Extension Option) as provided in Section 5 of this Lease Amendment, City's percentage share of the electrical costs shall be reduced to Thirty-Five Percent (35%) during such extension." City shall have no obligation to pay for electricity provided prior to July 1, Notices Where Sent. Section 22.2 (page 32) of the Lease is hereby amended by deleting the addresses provided substituting the following: Page 3 of6

5 "To City: City Of Los Angeles % Asset Management Division Suite 201, City Hall South 111 East First Street Los Angeles, California Telecopier: (213) To Landlord: Angelus Funeral Home Inc S. Crenshaw Boulevard Los Angeles, California Telecopier: (213) with a courtesy copy of any notice to: Office of the City Attorney Real Property/Environment Division City Hall East, Rm North Main Street Los Angeles, California Telecopier: (213) and Council District S. Crenshaw Boulevard Los Angeles, California Telecopier: (213) City Ordinance Mandated Provisions. City ordinances have come into effect which require the following clauses to be included in City contracts, including lease amendments. Accordingly, the Lease is hereby amended by adding new and additional Sections ,27.3.4, and 27.4, to provide as follows: " Affirmative Action Program. This Lease is a non-construction contract with or on behalf of the City of Los Angeles for which the consideration is $100, or more. Accordingly, during the performance of this Lease, Landlord further agrees to comply with Section of the Los Angeles Administrative Code ("Affirmative Action Program"). By way of specification but not limitation, pursuant to Sections E and F of the Los Angeles Administrative Code, the failure of Landlord to comply with the Affirmative Action Program provisions of this Lease may be deemed to be a material breach of this Lease. No such finding shall be made or penalties assessed except upon a full and fair hearing after notice and an opportunity to be heard has been given to Landlord. Upon a finding duly made that Landlord has breached the Affirmative Action Program provisions of this Lease, this Lease may be forthwith terminated. " Equal Benefits Provisions. This Lease is subject to Section , Article 1, Chapter 1, Division 10 of the Los Angeles Administrative Code ("Equal Benefits Provisions") related to equal benefits to employees. Landlord agrees to comply with the provisions of Section By way of specification but not limitation, pursuant to Section c of the Los Angeles Administrative Code, the failure of Landlord to comply with the Equal Employment Practices provisions of this Lease may be deemed to be a material breach of this Lease. No such finding shall be made or penalties assessed except upon a full and fair hearing after notice and an opportunity to be heard has been given to Landlord. Upon a finding duly made that Landlord has failed to comply with the Equal Employment Practices provisions of this Lease, this Lease may be forthwith terminated. "27.4. Slavery Disclosure Ordinance. This Lease is subject to the applicable provisions of the Slavery Disclosure Ordinance. ("500") (Section 10.41, et seq, of the Los Angeles Administrative Code). Unless otherwise exempt in accordance with the provision of this Ordinance, Landlord certifies that it has complied with the applicable provisions of the Ordinance. Under the provisions of Section (b) of the Los Angeles Administrative Code, City has the authority, under appropriate circumstances, to terminate this Lease and otherwise pursue legal remedies that may be available to City if City determines that the Landlord failed to fully and accurately complete the SDO affidavit or otherwise violated any provision of the SDO. Page 4 of6

6 11. General Provisions Article And Section Headings. The title headings of the respective Articles and Sections herein are inserted for convenience only and shall not be otherwise deemed to be a part of this Lease Agreement or considered in its construction Brokers' Commissions. Landlord and City hereby warrant to each other that they have had no dealings with any real estate broker or agent in connection with the negotiation of this Lease Amendment and that they know of no real estate broker or agent who is entitled to a commission in connection with this Lease Amendment. Each party agrees to indemnify and defend the other party against and hold the other party harmless from any and all claims, demands, losses, liabilities, lawsuits, judgments, costs and expenses (including without limitation reasonable attorneys' fees) with respect to any leasing comrnission or equivalent compensation alleged to be owing on account of any dealings with any real estate broker or agent occurring by, through, or under the indemnifying party. Landlord hereby agrees to indemnify and hold harmless City for any claims for brokers' commissions asserted by any broker making a claim based on its representation and/or alleged representation of Landlord Capitalized Defined Terms. All defined terms spelled with initial capitals letters in this Lease Amendment that are not expressly defined in this Lease Agreement will have the respective meanings given such defined terms in the Lease Execution Date. The defined term "Execution Date" shall mean the date the Office of the City Clerk of Los Angeles attests this Lease Amendment on page 6, except in the event that Landlord executes this Lease Amendment after such attestation, in which case the date of such execution by Landlord shall be the Execution Date Gender And Number. Feminine or neuter pronouns shall be substituted for those of the masculine form, and the plural shall be substituted for the singular number, in any place or places herein in which the context may require such substitution. 12. Full Force And Effect. Except as specifically provided in this Lease Amendment, this Lease Amendment shall not in any manner alter, change, modify or affect any of the rights, privileges, duties, or obligations of either of the parties to the Lease and the provisions of the Lease which are not inconsistent with this Lease Amendment shall remain in full force and effect. [SIGNATURES ON NEXT PAGE] Page 5 of6

7 IN WITNESS WHEREOF,, a California corporation, Landlord herein, and the CITY OF LOS ANGELES, a municipal corporation, acting by and through its Department Of General Services, Tenant herein, have caused this Lease Amendment to be executed as of the date of the attestation by the City Clerk. If the space provided in preamble on page 1 of this Lease Amendment is blank, such date shall be entered in such space, although such date shall be deemed to be the date of this Lease Amendment in any case. APPROVED AS TO FORM: CARMEN A. TRUTANICH, City A orney CITY: CITY OF LOS ANGELES, a municipal corporation, acting by and through its Department Of General Services DATE: ATTEST: JUNE LANGMAY, City Clerk By: ~~~H::.I~~~~~..8.._~- DATE: TONY M. ROYS ER General Manager Department of General Services ll/ft/fzi Deputy DATE: \ \ 24'.09 t,\o21\q \ LANDLORD:., a California corporation By: _?2--«c.=.:~,-=-,-:'::-==?3=-L~ ~.. '=~:-,-._,.;) DAVID BEAUBIEN Secretary Council File No: Approved: December 4, 2007 (11/03/2009)1.1. Page 6 of6