HomeMy Public PortalAbout08) 7D_Express Library Lease_Staff Report FinalMANAGEMENT SERVICES DEPARTMENT
MEMORANDUM
DATE: September 7, 2021
TO: The Honorable City Council
FROM: Bryan Cook, City Manager
By: Tinny Chan, Management Analyst
SUBJECT: TEMPLE CITY EXPRESS LIBRARY LEASE EXTENSION
RECOMMENDATION:
The City Council is requested to
1.Approve a six-month extension to the lease agreement between the City of Temple
City and the Los Angeles County; and
2.Authorize the City Manager to execute the First Amendment to the lease agreement.
BACKGROUND:
1.On December 3, 2019, the City Council approved a 22-month lease agreement with
the Los Angeles County Library for temporary library operations at 9050 E. Las Tunas
Dr. and media storage uses at City-owned property (the City’s maintenance yard) at
9167 La Rosa Dr. (Attachment “A”).
2.On January 8, 2020, the lease agreement was executed with the lease expiration date
of October 8, 2021. (Attachment “B”).
3.In August of 2021, the County notified City staff that the Temple City Library renovation
and expansion project completion date would be delayed for various reasons. The
County requested a six-month extension to the current lease. See Attachment “C” for
a draft of the First Amendment to the lease agreement.
ANALYSIS:
The lease agreement between the City and the County for the Temple City Express
Library will expire on October 8, 2021. In order for the Express Library to continue
providing services to the community, it is necessary to execute a First Amendment to the
AGENDA
ITEM 7.D.
City Council
September 7, 2021
Page 2 of 3
lease agreement to extend the lease for six months, with a new lease expiration date of
April 8, 2022. The current lease terms allow for an extension to the lease, provided that
an amendment is approved and executed by all parties.
All provisions to the lease will remain the same. Following are the key provisions of the
current lease:
County to designate the building at 9050 E Las Tunas Dr. for use as a temporary
satellite library (while Temple City Library is undergoing renovations).
City to pay for water, sewer and trash collection services for the building; County
to pay for all other utility services associated with building operations.
City to provide County with six parking stalls in the building’s adjacent public
parking lot: three spaces for staff parking, and three spaces for portable and ADA-
compliant restrooms. (County will furnish and maintain these restrooms for patron
use.)
County to use a portion of unused space at the City’s maintenance yard for seven
storage containers (to accommodate the library’s active media collection).
County to pay City a $1.00 monthly rent for use of the designated facilities, made
payable the first day of each month.
County to maintain public liability and property damage insurance for said leased
locations; City to be named as an additional insured.
City to terminate lease on April 8, 2022, without the necessity of any notice or other
action to County.
Library operations at the Express Library at 9050 E Las Tunas Dr. will open during normal
business hours of 10 a.m. to 6 p.m. from Wednesday to Saturday, 12 p.m. to 8 p.m. on
Tuesday, and closed on Sunday and Monday.
CITY STRATEGIC GOALS:
Actions contained in this report align with the City’s strategic goals of economic
development, sustainable infrastructure, and good governance.
FISCAL IMPACT:
None.
City Council
September 7, 2021
Page 3 of 3
ATTACHMENTS:
A. December 3, 2019 Staff Report
B. Lease Agreement
C. Draft of First Amendment to the Lease Agreement
DATE:
TO:
FROM:
SUBJECT:
MANAGEMENT SERVICES DEPARTMENT
MEMORANDUM
December 3, 2019
The Honorable City Counci l
Bryan Cook, City Manager
Via: Brian Haworth, Assistant to the City Manager �
By: Tinny Chan, Management Analyst
LA COUNTY LIBRARY LEASE AGREEMENT
RECOMMENDATION:
The City Council is requested to authorize the City Manager to execute a twenty-two
month lease agreement with LA County Library for temporary library operations and
storage uses at City-owned property located at 9050 Las Tunas Dr. and 9167 La Rosa Dr.
BACKGROUND:
1.In September 2019, LA County Library officia ls announced that the Temple City
Library Renovation and Expansion Project would break ground in early 2020. The
$4 million project, funded jointly by the City and County, will include a 1,416 sq. ft.
expansion to accommodate new facilities for families and children, along with a
state-of-the-art interior renovation of the existing 12,000 sq. ft. space. Construction
is expected to last 18 months, with an anticipated grand opening date in
Se ptember 2021.
2.In October 2019, City and County officials met to discuss a temporary satellite
location for Temple City Library. Both parties concurred that the vacant, City
owned property at 9050 Las Tunas Dr. (the former Chamber of Commerce
headquarters) was a suitable facility, given the bu ilding's open floor plan and its
location next to a public parking lo t. This arrangement would continue library
services during construction, and provide the City with more time to adequately
plan for the site's redevelopment.
3.In November 2019, County officials requested a 22-month lease for the
aforementioned building, as well as a portion of unused space at the City's
maintenance yard (9167 La Rosa Dr.) to store the library's active media collection.
If approved by Council, the lease cou ld take effect as early as Dec. 25, 2019.
ATTACHMENT A
City Council
December 3 , 2019
Page 2 of 3
ANALYS I S :
Followi ng are key provis ions of the proposed lease (Att achment "A").
• County to designate the building at 9050 Las T unas Dr. for use as a temporary
satel lite library (wh il e Temple Cit y Li brary is undergoing renovations) (Attachment
"B ").
• City to pay for wa ter, sewer and trash collection services fo r the building ; County to
pay for all othe r utility services associated with build ing operations.
• City to provide County with six parking sta l ls in the building 's adjacent pub l ic
parking lot (Att ach ment "C"): three spaces for staff park ing , and three spaces for
portable and A DA-compliant restrooms . (County w ill furnish and ma inta i n these
restrooms for patron use.)
• County to repain t the building's i nterior and furnish exterior signage.
• County to use a portion of unused space at the City's maintenance yard for seven
storage containers (to accommodate the library's act ive media collection)
(Attachment "D").
• County to pay City a $1.00 mon thly rent for use of the above facil it ies , made
payable the firs t day of each month.
• County to mai ntain pub l ic liabi lity and property damage i nsurance for said l eased
locatio ns ; City to be named as an additional insured .
• City to termina te lease on Sept. 25, 2021 , without the necessity of any notice or
other action to County .
Please note:
Before the lease takes effect , the Plann i ng Commission is scheduled to consider a
conditional use permit on Dec . 10 , 2019 for the library's temporary operations . As the
building at 9050 Las Tunas Dr . is within the Gateway Commercial Zone , the
Comm ission will review the proposed hours of operation, the avai lab il ity of patron
parking , and log istics concerning the exterior patron restrooms . Should the Commission
approve the permit , th e lease can take effect as early as Dec . 25 , 2019-if the permit is
not challenged with in the 14-day appeal period .
Under the County 's proposal , li brary operations at the temporary Las Tunas Drive
location will open during normal hours (beg i nn ing in February 2020) of: Monday through
Wednesday, 10 a.m. to 8 p.m.; Thursday and Friday from 10 a .m. to 6 p.m.; and
ATTACHMENT A
City Council
Decembe r 3 , 2019
Page 3 of 3
Saturday from 9 a .m . to 5 p.m. While community programming will cont inue at this
location , only a limited collection of media and public computers will be availab le to
library patrons.
CITY STRATEGIC GOAL:
Actions contained in this report align with the City 's strategic goals of economic
development, sustainable infrastructure , and good governance .
FISCAL IMPACT:
There is no fiscal impact associated with the recommended Council actions .
All maintenance needs for the building at 9050 Las Tunas Dr . are budgeted annually.
For the current fiscal year, this maintenance program includes pressure washing of the
building's exterior; a resea li ng and restriping of the adjacent pub lic parking lot ; and the
installation of ADA-compliant handrails to the building 's main entrance . These
improvements are intended to provide a hospitable environment for library patrons and
personnel.
ATTACHMENTS:
A. Lease Agreement
B. Prelim inary Floor Plan
C. Des ignated Parking Stalls
D. Des ignated Storage Area
ATTACHMENT A
ATTACHMENT A
LEASE AGREEMENT
This LEASE AGREEMENT ("Lease"), dated as of , 2019 , 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 f loor 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 ("Prem ises") is set forth in attached Exhibit "A".
C. Land lord 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 rela ted uses
during renovation of the current library location .
E. The parties recognize that Tenant's proposed use of the Premises may
require a conditio nal 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 December _, 2019
and continues for a period of twenty-two months and , unless earlier terminated ,
automatically expires on September_, 2021 , without the necessity of any notice or other
action on Landlord's part .
LA #4839-1 180-2027 v5
ATTACHMENT A
b. 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 Prem ises .
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,
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 ma inta in 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 cond ition and
repair and in compliance with all laws, ordinances , rules and regulations .
6 . Compliance with Laws. Tenant agrees that Tenan t 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 .
LA #4839 -1 180 -20 27 v5 2
ATTACHMENT A
7. Insurance. Tenant agrees to keep and maintain public liabi lity 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 righ ts 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 ca use 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
reasonabl y requested by Landlord.
8. Ind emnification . In addition to , and without lim iting , Tenant's other
obligations of indemnity under this Lease , Tenant agrees to indemn ify , protect, defend
(by counsel reasonably satisfactory to Lan dlo rd ) 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 (i ncluding reasonable
attorneys ' fees and costs) which they, or any of them , may suffer or incur aris ing 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 Tenan t, in or
about the Premises/Storage Area , or (c) any default by Tenant under this Lease .
9. Taxes . Tenant must pay, as additional rent, before delinquency all real
property taxes and assessments (both general and special ) levied or assessed against
the Tenant as a user of the Premises/Storage Area during the term of this Lease , if
applicable . If applicable , Tenant will promptly furnish Landlord with sa tisfactory
evidence that such taxes and asse$sments have been paid . If any such taxes and
assessments cover any period of time after the expiration of the term of this Lease,
Tenant's share of such taxes and assessments wi ll be equitably prorated to cover only
the period of time within the tax fiscal year this Lease is in effect. Tenant shall also pay
before delinquency all taxes levied or assessed against Tenant's trade fi xtures ,
equipment and personal property located at the Premises/Storage Area or elsewhere . If
Tenant fails to pay any taxes or assessments required to be paid by it under this Lease ,
LA #48 39-1 180-2027 v5 3
ATTACHMENT A
Landlord , at its option , may pay the same and Tenant agrees to reimburse Landlord
therefor immediately upon demand. Tenant acknowledges that this Lease may create a
possessory interest subject to taxation and that Tenant may be subject to payment of
any and all taxes levied on that possessory interest.
10 . 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 dis cretion .
11 . Default. The occurrence of any one or more of the following shall
const it ute 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 .
c. Failure by Tenant to keep and maintain any of the insurance requi red
to be kept and maintained by Tenant under this Lease .
d. 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 give n 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 sa id 30
day period and thereafter diligently prosecutes such cure to completion .
e. Fa ilure 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 .
12 . Remedies . If Tenant is in default , then , in add ition 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
term inating this Lease , reenter the Prem ises/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 t his Lease or re let the
Premise s or any part or parts thereof for such term or terms and upon such pro vision s as
Lan dlord may deem advisable and will have the right to make repairs to and alterations of
the Prem is es. No reen try or taking possession of the Prem is es 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
LA #4 839-1 180-2027 v5 4
ATTACHMENT A
Landlord because of Tenant's default, Landlord may at any time after such re letting 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.
rent due from Tenant;
First, to any indebtedness from Tenant to Landlord other than
ii. Second , to all costs and expenses , including , without
limitation , for maintenance , repairs or alterations, in curred by Land lord 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 re letting .
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 termina t ion , Land lord 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 th is 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 (i i) of
this subsection (b), is to be computed by allowing interest at the maximum rate an
L A #4839-1 180-2027 v5 5
ATTACHMENT A
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 re ceiver appointed to collect rent and conduct
Tenant's business. Neither the filing of a petition for the appointment of a recei ver nor the
appointment itself shal l 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 la w , shall be
paid by Tenant to Landlord immediately on demand.
13 . Landlord Entrv. Landlord and its authorized represen tatives 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 co ntrary , Landlord and its
authorized representati ves shall have the right to enter the Prem ises at any t ime , and
without notice to Tenant, where an emergency situation necessitates such entry . No
exercise by Landlord of its r ights 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 .
14 . 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 Land lord 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
maintenan ce practice or by Tenant perform ing all of its obl igations under this Lease .
15. Notices. Except as otherwise provided , all noti ces required or perm itted 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 Tenan t may also
be effectively given in writing and addressed to Tenant at the Prem ises address .
Notices must be given by personal delivery (in cl uding 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:
LA #4839-1180-2027 v5 6
ATTACHMENT A
If to Landlord:
If to Tenant:
City of Temple City
9701 Las Tunas Drive
Temple City, California 91780
Attention: City Manager
With a copy to:
Burke , Williams & Sorensen , LLP
444 South Flower Street , Suite 2400
Los Angeles, California 90071
Attention: Gregory M. Murphy , City Attorney
County of Los Angeles -Public Library
7400 E. Imperial Hwy
Downey , CA 90242
Attention: Skye Patrick, County Library Director
16 . Waiver and Release of Benefits . Lessee acknowledges that upon
expiration of the Term, including any extension thereof, or upon terminat ion 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 mo ving the 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 "Benefi ts ") under the California
Relocation Assistance Act (Governme nt Code §7260 , et seq.), Title 25 of the California
Code of Regulations, Article 1, § 19 of the California Constitution , the Californ ia Eminent
Doma in Law (Code of Civil Procedure §1230 .010 , et seq .), or other similar local , state ,
or federal statute, ordinance , regulation , rule , or dec isional 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 recove r from the City as a resul t of, or in any way related to ,
Expiration of the Tenancy , City's acquisition of the Premi ses /Storage Area , and City's
occupancy and possession of the Premises/Storage Area .
17 . General .
LA #4839-1 18 0-2027 v5 7
ATTACHMENT A
a. The acceptance by Landlord of any rental or other payments due
hereunder with knowledge of the breach of any of the terms, cove nants 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 tha n that which is required to
be pa id 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
construct ion 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 const rued in
accordance with the laws of the State of California, without regard to any otherwise
govern ing principles of conflicts of law. In construing this Lease, none of the parties to it
shall have any term or prov ision 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 ob ligations 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 specified in the written instrument effecting the same . Any waiver
shall be effective only in the specific instance and for the specific purpose for wh ich 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 fi led 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 co urt.
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 Prel imi nary
20-Day Notice) is served on Tenant for work done on the Premises , Tenant shall
immediately forward a copy of such notice to t he Landlord .
LA #4839-1180-2027 v5 8
ATTACHMENT A
h . Each individual executing this Lease on behalf of th e 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 b inding
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 en ti re agree-
ment of the parties with respect to the subj ect matter hereof and supersedes al l prior or
contemporaneous agreements (whether written or oral) with respect to that subject matter.
[Signatures to Follow]
LA #4839-1 180-2027 v5 9
ATTACHMENT A
The parties have caused this Lease to be du ly executed by their respe ct ive duly
authorized officers or representatives as of the date first set forth above .
Attest:
Peggy Kuo
City Clerk
Approved as to Form :
By: -------------------Gregory M . Murphy
C ity Attorney
LA #4839-1 180-2027 v5 10
LOS ANGELES COUNTY
By : --------------------Skye Patrick
Director
CITY OF TEMPLE CITY
By: --------------------
Bryan Cook
C ity Manager
ATTACHMENT A
EXHIBIT "A"
(Depiction of the Leased Premises)
L A #4839-1 180-2027 v5
ATTACHMENT A
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ATTACHMENT A
LEASE 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.
LA t14839 11802027 v7
ATTACHMENT B
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.
LA N4839-1180-2027 v7
ATTACHMENT B
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.
LA 84839-1180-2027 0
ATTACHMENT B
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.
LA N4839-1180-2027 0
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.
LA N4839-1180-2027 0
ATTACHMENT B
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
LA N4839-1180-2027 v7
ATTACHMENT B
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
ATTACHMENT B
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
ATTACHMENT B
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
ATTACHMENT B
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
ATTACHMENT B
rifer
BUILDING \,
PORTABLE RESTROOMS (3 SPACES)
STAFF PARKING SPACES (3 SPACES)
Y Nk 3IFw
IF
ATTACHMENT B
YYY F r
i
SPACE FOR STORAGE
CONTAINERS
ATTACHMENT B
LA 84839-1180-2027 v7
ATTACHMENT B
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
oGre .Murphy, CiCy Att rn y
CITY OFfTEMPLE CITY:
jlizrilG, 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
ATTACHMENT B
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
ATTACHMENT B
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."
ATTACHMENT B
ATTACHMENT B
RIV #4840-1328-2571 v1
FIRST AMENDMENT TO
LEASE AGREEMENT
by and between
the
CITY OF TEMPLE CITY
and
THE COUNTY OF LOS ANGELES
Dated ______________, 20__
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RIV #4840-1328-2571 v1 -2-
FIRST AMENDMENT TO LEASE AGREEMENT
This First Amendment to Lease Agreemnt (“First Amendment”), which is dated for
reference as indicated on the cover page, is hereby entered into by and between the CITY OF
TEMPLE CITY, a California charter city (“City”), and County of Los Angeles, a political
subdivision (“Tenant”), as follows:
RECITALS
A. City and Contractor entered in a Lease Agreement on January 8, 2020 (“Agreement”).
The Agreement provides that Tenant will lease City-owned property at 9050 E. Las
Tunas Dr. for temporary library operations and City-owned property at 9167 La Rosa Dr.
for media storage purposes.
B. Section 2(a) of the Agreement provides that the lease will terminate on October 8, 2021.
C. This First Amendment amends Section 2(a) to provide that the lease will terminate on
April 8, 2022
D. [Insert additional recitals as necessary for additional amendments.]
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises made and recited herein, the
parties do hereby enter into this First Amendment which modifies and amends the Agreement as
follows:
1. AMENDMENT. The Agreement is hereby modified and amended as follows:
1.1 TERMS. Section 2a of the Agreement is hereby amended as follows:
a. Term: The term of this Lease commences on January 8, 2020 and
expires on April 8, 2022, without the necessity of any notice or action
on Landlord’s part.
2. GENERAL PROVISIONS.
2.1 Remainder Unchanged. Except as specifically modified and amended in
this First Amendment, the Agreement remains in full force and effect and binding upon the
parties.
2.2 Integration. This First Amendment consists of pages 1 through _
inclusive, which constitute the entire understanding and agreement of the parties and supersedes
all negotiations or previous agreements between the parties with respect to all or any part of the
transaction discussed in this First Amendment.
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RIV #4840-1328-2571 v1 -3-
2.3 Effective Date. This First Amendment shall not become effective until
the date it has been formally approved by the City Council and executed by the appropriate
authorities of the City and Contractor.
2.4 Applicable Law. The laws of the State of California shall govern the
interpretation and enforcement of this First Amendment.
2.5 References. All references to the Agreement include all their respective
terms and provisions. All defined terms utilized in this First Amendment have the same meaning
as provided in the Agreement, unless expressly stated to the contrary in this First Amendment.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to
the Agreement on the date and year first written above.
CITY:
THE CITY OF TEMPLE CITY
By:_________________________________
Bryan Cook, City Manager
ATTEST:
______________________________
Peggy Kuo, City Clerk
APPROVED AS TO FORM
______
Greg Murphy, City Attorney
CONTRACTOR:
_______________________________.
By:_________________________________
Name:___________________________
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RIV #4840-1328-2571 v1 -4-
Title: ___________________________
By:_________________________________
Name:___________________________
Title:____________________________
NOTE: CONTRACTOR’S SIGNATURES SHALL BE DULY NOTARIZED, AND
APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE
REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR
OTHER RULES OR REGULATIONS APPLICABLE TO
CONTRACTOR’S BUSINESS ENTITY.
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
On ____________________, 20__ ,
before me, ,
Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”)
personally appeared ,
Name of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alternation of the document or fraudulent
reattachment of this form to an unintended document.
CAPACIT(IES) CLAIMED BY SIGNER(S) DESCRIPTION OF ATTACHED DOCUMENT
Signer's Name:
¨ Individual ¨ Corporate Officer
Title(s) Title or Type of Document
¨ Partner(s) ¨ Limited
¨ General
¨ Attorney-In-Fact Number Of Pages
¨ Trustee(s)
¨ Guardian/Conservator
¨ Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Date Of Document
Signer(s) Other Than Named Above
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
On ____________________, 20__ ,
before me, ,
Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”)
personally appeared ,
Name of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alternation of the document or fraudulent
reattachment of this form to an unintended document.
CAPACIT(IES) CLAIMED BY SIGNER(S) DESCRIPTION OF ATTACHED DOCUMENT
Signer's Name:
¨ Individual ¨ Corporate Officer
Title(s) Title or Type of Document
¨ Partner(s) ¨ Limited
¨ General
¨ Attorney-In-Fact Number Of Pages
¨ Trustee(s)
¨ Guardian/Conservator
¨ Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Date Of Document
Signer(s) Other Than Named Above
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