HomeMy Public PortalAboutAgreement_ 2020-01-08 to 2021-10-08_Los Angeles County Real Estate Division_Lease of 9050 Las Tunas Drive_19-025CLEASE AGREEM ENT
This LEASE AGREEMENT ("Lease"), dated as of TA VA . �6 02020, is entered
into by and between the CITY OF TEMPLE CITY, a charter law city and municipal
corporation ("Landlord" or "City"), and County of Los Angeles, a political subdivision
("Tenant"), who agree as follows:
RECITALS
A. Landlord is the owner of certain real properties located in the City of Temple
City, County of Los Angeles, State of California, commonly known as 9050 East Las Tunas
Drive and 9167 La Rosa Drive,
B. Landlord wishes to lease a one-story building consisting of approximately
1,056 square feet of floor area, and six parking spaces (three for staff parking, and three
additional spaces for use as ADA -compliant portable restrooms) adjacent to the building, to
Tenant. A depiction of the areas to be leased at 9050 East Las Tunas Drive ("Premises") is
set forth in attached Exhibit "A".
C. Landlord further wishes to lease certain space at 9167 La Rosa Drive for
certain storage purposes. A depiction of the areas to be leased at 9167 La Rosa Drive
("Storage Area") is set forth in attached Exhibit "B".
D. Tenant operates a county library and wishes to lease the Premises and the
Storage Area from Landlord for use as a temporary library, storage, and related uses during
renovation of the current library location.
E. The parties recognize that Tenant's proposed use of the Premises may require
a conditional use permit from the City of Temple City, which may contain additional conditions
of approval for the use of the Premises.
TERMS
1. Use of Premises and Storage Area. The Premises will be used by Tenant to
provide county library services to the residents of Temple City and/or the County of Los
Angeles. These include uses such as storage and lending of books, media, and other
resources, and office use in furtherance of such purposes. Tenant has the nonexclusive right
to access and use the Storage Area for the placement of approximately 7 storage containers,
subject to the reasonable rules, regulations, and written approval of the Landlord.
2. Term and Termination.
a. Term. The term of this Lease commences on January � , 2020
and continues for a period of twenty-two months and, unless earlier terminated, automatically
expires on October 7 , 2021,without the necessity of any notice or other action on Landlord's
part.
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D, Extension. This Lease may be extended only upon a written
amendment that is approved and executed by the parties.
C, Termination. This Lease may be terminated by automatic expiration of
the Term, through the default and remedies procedure, or through other termination rights
as provided in this Lease. In addition, Landlord may immediately terminate this Lease after
written notice to Tenant if Tenant's fails to obtain the conditional use permit from the City of
Temple City as referenced in the recitals, before December 16, 2019.
3, Consideration. Tenant agrees to pay total rent, in the amount of $1.00 per
month, to Landlord, payable on the first day of the month, or another date mutually agreed
between the parties.
4. Utilities. Landlord will pay for water, sewer and trash collection services to
the Premises, and Tenant will pay for all other utility services used in connection with the
Leased Premises, including, but not limited to, telephone, electric, gas, heating and air
conditioning, as may be required in the maintenance, operation and use of the Premises.
5. Maintenance and Janitorial Services.
a. As is. The Premises and Storage Area are being leased to Tenant in an
existing, "AS IS" condition. It is specifically understood and agreed that, except as expressly
provided for in this Lease, Landlord has no obligation and has made no promises to alter,
remodel, or otherwise improve the Premises or Storage Area, or any portion thereof. Tenant is
familiar with the existing condition of the Premises and Storage Area, and acknowledges that
Landlord has made no representation or warranty regarding the condition thereof, or the
legality or suitability of the Premises or Storage Areas for Tenant's intended use. Tenant
represents that it will repaint the interior of the Premises, and install its own signage, at its own
cost. Landlord specifically approves these
improvements. Any other improvements will be completed at Tenant's own cost, in compliance
with all applicable law, and only after advanced written approval by Landlord.
b. Tenant Maintenance. Tenant must maintain the Premises (with the
exception the parking lot and the outside landscaped areas at the Premises) and the
Storage Area at the Tenant's sole cost and expense, in good, clean and first-class condition
and repair, reasonable wear and tear excepted.
C, Landlord Maintenance. Landlord will maintain the parking lot, and the
landscaped portions of the outside areas of the Premises, in good working condition and
repair and in compliance with all laws, ordinances, rules and regulations.
6. Compliance with Laws. Tenant agrees that Tenant and Tenant's use of
the leased areas described above will at all times be in strict compliance with all applicable
laws, rules and regulations of all governmental authorities having jurisdiction, and Tenant, at
its sole cost and expense, agrees to comply with all such laws, rules and regulations.
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7. Insurance. Tenant agrees to keep and maintain public liability and property
damage insurance respecting the Premises and the Storage Area, naming Landlord as an
additional insured, in form and amounts (not less than $1,000,000 per occurrence) and
with insurers reasonably satisfactory to Landlord. Tenant also agrees to keep and maintain
a policy or policies of fire and extended coverage insurance, with vandalism and malicious
mischief endorsements, in the name of Landlord and with loss payable to Landlord, to the
extent of the full replacement cost of the improvements located on the Premises and
otherwise in form and with insurers reasonably satisfactory to Landlord. Tenant also
agrees to keep and maintain worker's compensation insurance coverages for its
employees in the minimum amounts required by California law. All such insurance will be
primary and not contributing with any insurance which Landlord may maintain, and the
insurer providing such insurance must agree that such insurance will not be changed or
cancelled except upon at least thirty (30) days prior written notice to Landlord. Tenant
waives any and all rights of recovery against Landlord and its officials, officers, agents and
employees on account of loss or damage occasioned to Tenant or its property or the
property of others under its control, to the extent that such loss or damage is insured
against under the fire and extended coverage policy required to be kept and maintained by
Tenant under this Lease; and Tenant shall cause each policy required to be kept and
maintained by it under this Lease to provide that the insurer waives all right of recovery by
way of subrogation against Landlord in connection with any damage covered by such
policy. Tenant will provide Landlord with copies of the policies of such insurance or
certificates evidencing such insurance upon execution of this Lease and from time to time
thereafter as reasonably requested by Landlord. Tenant, at its sole option, may satisfy all
or any part of this insurance requirement through use of a program of self insurance (self -
funding of its liabilities).
8. Indemnification. In addition to, and without limiting, Tenant's other obligations
oI indemnity under this Lease, Tenant agrees to indemnify, protect, defend (by counsel
reasonably satisfactory to Landlord) and hold Landlord and its officials, officers, agents and
employees, and each of them, harmless from and against all claims, losses, liabilities,
actions, judgments, costs and expenses (including reasonable attorneys' fees and costs)
which they, or any of them, may suffer or incur arising from or relating to (a) Tenant's use of
the Premises/Storage Area, (b) any negligence, act or omission of Tenant, its agents,
employees, contractors, guests, invitees, or users who are directly or indirectly given access
to the Premises/Storage Area by the Tenant, in or about the Premises/Storage Area, or (c)
any default by Tenant under this Lease.
9. Sublease or Assignment. Tenant may not sublease or assign this Lease
or sublet or assign the rights to all or any part of the Premises/Storage Area nor permit the
occupancy thereof by any other person or entity without the express written consent of
Landlord, which consent may be withheld in Landlord's sole discretion.
10. Default. The occurrence of any one or more of the following shall constitute a
default by Tenant:
a. Vacation or abandonment of the Premises/Storage Area by Tenant.
b. Failure by Tenant to make payment of rent or any other payments
required to be made by Tenant hereunder as and when due.
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dI Failure by Tenant to observe or perform any of the covenants or
provisions of this Lease, when such failure continues for a period of 30 days after written
notice of such failure is given by Landlord to Tenant; provided, that if the nature of Tenant's
failure is such that more than 30 days are reasonably required for its cure, then Tenant will
not be deemed to be in default if Tenant commences such cure within said 30 day period
and thereafter diligently prosecutes such cure to completion.
e. Failure by Tenant to comply with any conditions or requirements
outlined under any condition use permit applicable to Tenant's use of the Premises/Storage
Area.
11. Remedies. If Tenant is in default, then, in addition to all other rights and
remedies which Landlord may have at law or in equity, Landlord has the following rights and
remedies which are not exclusive but are cumulative:
a. To the extent permitted by law, Landlord can, with or without terminating
this Lease, reenter the Premises/Storage Area and remove all property and persons therefrom,
and any such property may be removed and stored in a public warehouse or elsewhere at the
cost and for the account of Tenant. If Landlord elects to reenter or shall take possession of the
Premises pursuant to legal proceedings or pursuant to any notice provided by law, and if
Landlord has not elected to terminate this Lease, Landlord may either recover all rent as it
becomes due under this Lease or relet the Premises or any part or parts thereof for such term
or terms and upon such provisions as Landlord may deem advisable and will have the right to
make repairs to and alterations of the Premises. No reentry or taking possession of the
Premises by Landlord is to be construed as an election to terminate this Lease unless a written
notice of such intention is given to Tenant by Landlord. Notwithstanding any reletting without
termination by Landlord because of Tenant's default, Landlord may at any time after such
reletting elect to terminate this Lease because of such default. If Landlord elects to relet the
Premises without terminating this Lease, then rent received by Landlord therefrom will be
applied as follows:
I, First, to any indebtedness from Tenant to Landlord other than
rent due from Tenant;
ii. Second, to all costs and expenses, including, without limitation,
for maintenance, repairs or alterations, incurred by Landlord in connection with reletting the
Premises; and
iii. Third, to the payment of rent due and unpaid under this Lease
and the residue, if any, will be held by Landlord and applied in payment of future rent as the
same may become due and payable under this Lease and to any damages and other amounts
which Landlord is otherwise entitled to under this Lease. Should that portion of such rent
received from such reletting during any month, which is applied to the payment of rent
hereunder, be less than the rent payable hereunder during that month by Tenant, then Tenant
agrees to pay such deficiency to Landlord immediately upon demand. In no event will Tenant
be entitled to any excess rent received by Landlord from such reletting.
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c. Failure
by Tenant to keep and maintain
any of the insurance required
to be kept
and maintained by
Tenant under this Lease.
dI Failure by Tenant to observe or perform any of the covenants or
provisions of this Lease, when such failure continues for a period of 30 days after written
notice of such failure is given by Landlord to Tenant; provided, that if the nature of Tenant's
failure is such that more than 30 days are reasonably required for its cure, then Tenant will
not be deemed to be in default if Tenant commences such cure within said 30 day period
and thereafter diligently prosecutes such cure to completion.
e. Failure by Tenant to comply with any conditions or requirements
outlined under any condition use permit applicable to Tenant's use of the Premises/Storage
Area.
11. Remedies. If Tenant is in default, then, in addition to all other rights and
remedies which Landlord may have at law or in equity, Landlord has the following rights and
remedies which are not exclusive but are cumulative:
a. To the extent permitted by law, Landlord can, with or without terminating
this Lease, reenter the Premises/Storage Area and remove all property and persons therefrom,
and any such property may be removed and stored in a public warehouse or elsewhere at the
cost and for the account of Tenant. If Landlord elects to reenter or shall take possession of the
Premises pursuant to legal proceedings or pursuant to any notice provided by law, and if
Landlord has not elected to terminate this Lease, Landlord may either recover all rent as it
becomes due under this Lease or relet the Premises or any part or parts thereof for such term
or terms and upon such provisions as Landlord may deem advisable and will have the right to
make repairs to and alterations of the Premises. No reentry or taking possession of the
Premises by Landlord is to be construed as an election to terminate this Lease unless a written
notice of such intention is given to Tenant by Landlord. Notwithstanding any reletting without
termination by Landlord because of Tenant's default, Landlord may at any time after such
reletting elect to terminate this Lease because of such default. If Landlord elects to relet the
Premises without terminating this Lease, then rent received by Landlord therefrom will be
applied as follows:
I, First, to any indebtedness from Tenant to Landlord other than
rent due from Tenant;
ii. Second, to all costs and expenses, including, without limitation,
for maintenance, repairs or alterations, incurred by Landlord in connection with reletting the
Premises; and
iii. Third, to the payment of rent due and unpaid under this Lease
and the residue, if any, will be held by Landlord and applied in payment of future rent as the
same may become due and payable under this Lease and to any damages and other amounts
which Landlord is otherwise entitled to under this Lease. Should that portion of such rent
received from such reletting during any month, which is applied to the payment of rent
hereunder, be less than the rent payable hereunder during that month by Tenant, then Tenant
agrees to pay such deficiency to Landlord immediately upon demand. In no event will Tenant
be entitled to any excess rent received by Landlord from such reletting.
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b. Notwithstanding any provision to the contrary, Landlord can also
terminate Tenant's right to possession of the Premises at any time. No act by Landlord
other than giving 30 days' written notice to Tenant will be needed before terminating this
Lease under this subsection.
c. Acts of maintenance, efforts to relet the Premises, or the appointment of a
receiver on Landlord's initiative to protect Landlord's interest under this Lease shall not
constitute a termination of Tenant's right to possession. On termination, Landlord has the right
to recover from Tenant:
i. The worth, at the time of the award, of the unpaid rent that had
been earned at the time of termination of this Lease;
ii. The worth, at the time of the award, of the amount by which the
unpaid rent that would have been earned after the date of termination of this Lease until the
time of award exceeds the amount of the loss of rent that Tenant proves could have been
reasonably avoided;
iii. The worth, at the time of the award, of the amount by which the
unpaid rent for the balance of the term after the time of award exceeds the amount of the
loss of rent that Tenant proves could have been reasonably avoided; and
iv. Any other amount, and court costs, necessary to compensate
Landlord for all detriment proximately caused by Tenant's default.
V, "The worth, at the time of the award," as used in (i) and (ii) of
this subsection (b), is to be computed by allowing interest at the maximum rate an
individual is permitted by law to charge. "The worth, at the time of the award," as referred to
in (iii) of this subsection (b), is to be computed by discounting the amount at the discount
rate of the Federal Reserve Bank of San Francisco at the time of the award, plus 1 %.
d. Landlord can have a receiver appointed to collect rent and conduct
Tenant's business. Neither the filing of a petition for the appointment of a receiver nor the
appointment itself shall constitute an election by Landlord to terminate this Lease.
e. Without waiving the default, Landlord can, at its sole option, pay such
sums and/or take such actions as are necessary in Landlord's reasonable judgment in
order to cure any default, and all sums expended or incurred by Landlord in connection
therewith, together with interest thereon at the maximum rate permitted by law, shall be
paid by Tenant to Landlord immediately on demand.
12. Landlord Entry,
Landlord and its authorized representatives shall have the
right upon two business days' written notice to Tenant to enter all portions of the Premises
for any of the following purposes: (a) to determine whether the Premises are in good
condition and whether Tenant is complying with its obligations under this Lease; (b) to
inspect the Premises; (c) in connection with Landlord's design and construction planning
respecting Landlord's future use of the Premises; and (d) to post notices of
nonresponsibility. Notwithstanding the foregoing to the contrary, Landlord and its
authorized representatives shall have the right to enter the Premises at any time, and
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without notice to Tenant, where an emergency situation necessitates such entry. No
exercise by Landlord of its rights under this Section shall entitle Tenant to any damages for
any injury or inconvenience occasioned thereby or to any abatement of rent or other
amounts payable under this Lease.
13. Surrender of Premises/Storage Area. Upon the expiration or other
termination of the term of this Lease, Tenant agrees to surrender possession of the
Premises/Storage Area, and every party thereof, to Landlord in good order, condition and
repair, ordinary wear and tear alone excepted. "Ordinary wear and tear" does not include
any damage or deterioration that would have been prevented by good maintenance
practice or by Tenant performing all of its obligations under this Lease.
14. Notices. Except as otherwise provided, all notices required or permitted to be
given under this Lease must be in writing and addressed to the parties at their respective
notice addresses set forth below; provided, that notices to Tenant may also be effectively
given in writing and addressed to Tenant at the Premises address. Notices must be given
by personal delivery (including by commercial delivery service) or by first-class mail,
postage prepaid. Notices will be deemed effectively given, in the case of personal delivery,
upon receipt (or if receipt is refused, upon attempted delivery), and in the case of mailing,
three (3) days following deposit into the custody of the United States Postal Service. The
notice addresses of the parties are as follows:
If to Landlord: City of Temple City
9701 Las Tunas Drive
Temple City, California 91780
Attention: City Manager
With a copy to: Burke, Williams &Sorensen, LLP
444
out Flower Street, Suite 2400
Los Angeles, California 90071
Attention: Gregory M. Murphy, City Attorney
If to Tenant: Chief Executive Office -Real Estate Division
320 W. Temple Street, 7th Floor
Los Angeles, California 90012
Attention: Director of Real Estate
Email: LeaseAcquisitions@ceo.Iacounty.gov
With a copy to: County of Los Angeles -Public Library
7400 E. Imperial Hwy
Downey, CA 90242
Attention: Skye Patrick, County Library Director
15. Waiver and Release of Benefits. Lessee acknowledges that upon expiration
of the Term, including any extension thereof, or upon termination of any holdover tenancy
(collectively "Expiration of Tenancy"), Lessee might be or become eligible to receive
compensation, reimbursement, assistance, including, but not limited to, the fair market value
of real and personal property, loss of goodwill, loss of profits, actual and reasonable
expenses for moving a business, loss of tangible personal property as a result of moving the
LA #4939-1180-2027
v7
business, expenses incurred in searching for a replacement site for the business, expenses
to reestablish the business at the new site, "in -lieu payments," and other such benefits
(collectively "Benefits') under the California Relocation Assistance Act (Government Code
§7260, at seq.), Title 25 of the California Code of Regulations, Article 1, § 19 of the
California Constitution, the California Eminent Domain Law (Code of Civil Procedure
§1230.010, et seq.), or other similar local, state, or federal statute, ordinance, regulation,
rule, or decisional law (collectively "Compensatory Laws"). Lessee further acknowledges
that it has received full and fair compensation of all Benefits Lessee is or might be or might
become entitled to recover from the City of Temple City as a result of, or in any way related
to, Expiration of the Tenancy, City's acquisition of the Premises/Storage Area, and City's
occupancy and possession of the Premises/Storage Area. Therefore, being fully informed of
and understanding the acknowledgments made herein and of Lessee's rights or potential
rights to Benefits under the Compensatory Laws, Lessee hereby expressly and
unconditionally waives, and Releases the City from, any and all rights of Lessee to claim,
demand, sue for, or receive any Benefits which Lessee is or might be or might become
entitled to recover from the City as a result of, or in any way related to, Expiration of the
Tenancy, City's acquisition of the Premises/Storage Area, and City's occupancy and
possession of the Premises/Storage Area.
16. General.
a. The acceptance by Landlord of any rental or other payments due
hereunder with knowledge of the breach of any of the terms, covenants or provisions of this
Lease by Tenant shall not be construed as a waiver of any such breach. The acceptance at
any time or times by Landlord of any sum less than that which is required to be paid by
Tenant shall, unless Landlord specifically agrees otherwise in writing, be deemed to have
been received only on account of the obligation for which it is paid, and shall not be deemed
an accord and satisfaction notwithstanding any provisions to the contrary written on any
check or contained in any writing transmitting the same.
b. The titles to the sections of this Lease are for convenience of
reference only and are not a part of this Lease and shall have no effect upon the
construction or interpretation of any part of this Lease. Any exhibits attached to this Lease
are, however, a part of this Lease. This Lease shall be governed by and construed in
accordance with the laws of the State of California, without regard to any otherwise
governing principles of conflicts of law. In construing this Lease, none of the parties to it
shall have any term or provision construed against it solely by reason of its having drafted
the same.
C, Any provision of this Lease that is invalid, illegal or unenforceable
shall be ineffective to the extent of such invalidity, illegality or unenforceability without
invalidating, diminishing or rendering unenforceable the rights and obligations of the parties
under the remaining provisions of this Lease.
d. No term or provision of this Lease may be amended, altered, modified or
waived orally or by a course of conduct, but only by an instrument in writing signed by a duly
authorized officer or representative of the party against which enforcement of such
amendment, alteration, modification or waiver is sought. Any amendment, alteration,
modification or waiver shall be for such period and subject to such conditions as shall be
LA #4839-1180-2027 v7
specified in the written instrument effecting the same. Any waiver shall be effective only in the
specific instance and for the specific purpose for which given.
e. This Lease may be executed in several counterparts, each of which
shall be deemed an original, but all of which together shall constitute one and the same
instrument.
f. If either party hereto brings an action to enforce the terms hereof or
declare rights hereunder, the action must be filed in a court of competent jurisdiction closest to
Temple City, and the prevailing party in such action, on trial or appeal, shall be entitled to
reasonable attorneys' fees to be paid by the losing party as fixed by the court.
g. If any mechanic's or material men's lien or liens shall be filed against the
Premises for work done by or materials furnished to the Tenant, the Tenant will, at its own
cost and expense, cause such lien or liens to be discharged within fifteen (15) days after
notice thereof by filing or causing to be filed a bond or bonds for that purpose. In the event any
notice preliminary to establishing such a lien (such as the California Preliminary 20-Day
Notice) is served on Tenant for work done on the Premises, Tenant shall immediately forward
a copy of such notice to the Landlord.
h. Each individual executing this Lease on behalf of the parties represents
and warrants that he or she is duly authorized to execute and deliver this Lease on behalf of
that respective party.
i. Anything to the contrary notwithstanding, this Lease is not be binding or
effective until its approval and execution by the Los Angeles County Board of Supervisors,
and approval and execution by the City Manager of the City of Temple City.
j. This Lease and all exhibits attached to it constitutes the entire agree-
ment of the parties with respect to the subject matter hereof and supersedes all prior or
contemporaneous agreements (whether written or oral) with respect to that subject matter.
[Signatures to Follow]
LA N4839 -I 180-2027 v7
IN WITNESS WHEREOF this Lease has been executed the day and year first set
forth above.
LANDLORD:
Attest
Peggy Ku
City Clerk
Approved as to Form:
By:
Gregory by
City Attorney
TENANT:
ATTEST:
DEAN C. LOGAN
Recorder/County Clerk
Of the county of Los Angeles
c
By:
D puty
APPROVED AS TO FORM:
MARY C. WICKHAM
County Counsel
By:
Deputy
LA #4839-1180-2027 v7
CITY OF TEMPLE CITY
--
Name: Bryan Cook
Its: City Manager
COUNTY OF LOS ANGELES,
a body corporate and politic
SACHI A. HAMAI
Chief Executive Officer
Dean Lehman
Senior Manager, Real Estate Division
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STAFF PARKING SPACES (3 SPACES)
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LA 84839-1180-2027 v7
RESOLUTION 19-5440
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMPLE CITY, WAIVING THE 60 -DAY NOTICE
REQUIREMENT PERTAINING TO THE LOS ANGELES
COUNTY LIBRARY LEASE AGREEMENT
WHEREAS, Government Code Section 25351 Imposes a requirement upon counties to
provide at least 60 days' written notice to the city clerk before leasing a building within that city's
Jurisdiction; and
WHEREAS, Los Angeles County has been In negotiation with the City to lease certain
City property for library use purposes, which had been submitted to the City Council at the
December 3, 2019 City Council meeting for their approval; and
WHEREAS, the City, as a party to this lease, has had adequate notice of such a lease;
WHEREAS, Los Angelos County has requested the City waive such notice by resclution,
as permitted under the Government Code Section 25361(d).
NOW, THEREFORE, the Clty Council of the Clty of Temple Clty does hereby resolve,
declare, determine, and order as follows:
SECTION 1. Waiver of 60 Day Notico. The City Council waives the 60day notice
requirement for the December 3, 2019 Los Angeles County Library Lease Agreement, pursuant
to Government Code Section 25361(d).
PASSED, APPROVED AND ADOPTED ON/ ! DAY OF DECEMBER, 2019,
ATTEST:
Peggy Kuo, City Clerk
APPROVED AS T
�o
Gre .Murphy, CiCy Att rn y
CITY OFfTEMPLE CITY:
jl izrilG, J ��t�`
Nanette Fish, Mayor
I, PEGGY KUO, CITY CLERK of the City of Temple City do hefeby certify that the foregoing
Resolution was adopted at a Regular Meeting of tho City Council of tho City of Temple City held
on the day of December, 2019.
AYES: Councllmember— Man, Sterrrquiat, Yu,
Chavez, Fish
NOES; Councilmember- None
ABSENT: Councilmember- None
ABSTAIN: Councllmember- None
DATE: Dec. 31, 2019
TO: Pat McGee, Assistant Director of Capital Projects &Facilities Services,
LA County Library
FROM: Tinny Chan, Management Analyst
SUBJECT: Identified ADA Concerns
Temple City Library Temporary Location, 9050 E. Las Tunas Dr.
Los Angeles County's CEO —Real Estate Division conducted an ADA assessment on the
temporary library location. The County has asked the City, as the property owner, to approve
suggested solutions to mitigate two identified ADA concerns. City and County collaborated
on the solutions and believe that they will adequately address the two concerns. This memo
memorializes our conversation to address said ADA concerns and provides the agreed-
upon solutions.
Concern #1: The accessible parking spaces have slopes greater than 20/
Finding: California Building Code 118-502.4 Floor or ground surfaces. Parking spaces
and access aisles serving them shall comply with Section 11 B-302. Access aisles shall
be at the same level as the parking spaces they serve. Changes in level are not
permitted. Exception: Slopes not steeper than 2% (1:48) shall be permitted.
Solution: City will restripe parking lot and move accessible parking spaces to another
location (identified in attachment) where slope is not steeper than 2%. This will be done
at the City's expense. Restriping of the parking lot will be completed in early January,
2020.
Concern #2: The doorway to the room to be used as the adult reading room is less
than 32 inches wide.
Finding: California
Building Code 118-404.2.3 Clear width. Door openings shall provide
a clear width of 32 inches minimum. Clear openings of doorways with swinging doors
shall be measured between the face of the door and the stop, with the door open 90
City Council
Dec. 31, 2019
Page 2 of 2
degrees. Openings more than 24 inches deep shall provide a clear opening of 36 inches
minimum. There shall be no projections into the required clear opening width lower than
34 inches above the finish floor or ground. Projections into the clear opening width
between 34 inches and 80 inches above the finish floor or ground shall not exceed 4
inches.
Solution: City will allow library to make improvements to widen the doorway to 32 inches
at the County's expense. County library must work with the City's Building and Safety
division to make sure all improvements are compliant with the City's building codes. Per
paragraph 5(a) of the lease, "Any other improvements will be completed at Tenant's own
cost, in compliance with all applicable law, and only after advanced written approval by
Landlord."