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HomeMy WebLinkAbout2023-05-09; City Council; Resolution 2023-123RESOLUTION NO. 2023-123 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE LEASE AGREEMENT WITH THE MIRA COSTA COMMUNITY COLLEGE DISTRICT FOR THE LAS PALMAS PROPERTY (APN: 213-061-19-00) WHEREAS, on September 21, 2021, the city entered into a four-year, 11-month lease agreement with Mira Costa Community College District by Resolution No. 2021-211, for lease of the property at 2075 Las Palmas Drive; and WHEREAS, on July 21, 2022, MiraCosta requested to amend the lease agreement by eliminating its Small Business Development Center and replacing it with Welding and Craft Brewing Technician programs; and WHEREAS, the welding program will support 60 students per year and the craft brewing program will support 32 students per year; and WHEREAS, on Feb. 15, 2023, Mira Costa received its building permit for tenant improvements related to the welding and craft beer programs; and WHEREAS, this Amendment No. 1 to the lease agreement is before the City Council for review and approval because the City Council has not delegated authority to enter into or amend lease agreements to the City Manager. NOW, THEREFORE, BE IT RESOLVED_ by the City Council of the City of Carlsbad, California, as follows: 1. 2. That the above recitations are true and correct. That the City Manager is hereby authorized to execute Amendment No. 1 to the Lease Agreement with Mira Costa Community College District (Attachment A), and to act on behalf of the City of Carlsbad in all future decisions and actions necessary to implement the Lease Agreement with Mira Costa Community College District for use of city-owned property at 2075 Las Palmas Drive, and to do so in full compliance with the terms and conditions expressed in the aforementioned agreement and to the satisfaction of the City Attorney. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 9th day of May, 2023, by the following vote, to wit: AYES: NAYS: ABSTAIN: ABSENT: Blackburn, Bhat-Patel, Acosta, Burkholder, Luna. None. None. None. KEITH BLACKBURN, Mayor � }l_ SHERRY FREISINGER, City Clerk{u -(SEAL) FIRST AMENDMENT TO LEASE AGREEMENT Attachment A This First Amendment to Lease Agreement ("First Amendment") is effective as of �-+--t-t,1----� 2023 (the "Effective Date"), by and between the CITY OF CARLSBAD, a California municipal corpora ion ("Landlord") and MIRA COSTA COMMUNITY COLLEGE DISTRICT (''Tenant") and shall be effective and binding upon the parties hereto as of the date of execution hereof by both parties. RECITALS WHEREAS, on September 22, 2021, Landlord and City entered into that certain Lease Agreement ("Agreement") for the property located at 2075 Las Palmas Drive in the City of Carlsbad, including APNs 213-061-19-00, 213-061-27-00, and a portion of APN 213-061-28-00 ("Premises") consisting of 22,627 square feet of indoor space and an adjacent parking lots, by Resolution No. 2021-211; and WHEREAS, Landlord and Tenant are desirous of amending language in the Agreement; and WHEREAS, Tenant has requested to amend the services and programs offered to the residents in Carlsbad and surrounding communities by eliminating the 'Small Business Center" and adding "Welding" and "Craft Brewing Technician" programming; and WHEREAS, as part of Tenant's new programming, certain Tenant Improvements must be made to the interior and exterior of the building; WHEREAS, Tenant shall execute a waiver on behalf of the city related to the condition of the Premises prior to the execution of this First Amendment. NOW, THEREFORE, in consideration of the covenants and conditions contained herein, the parties hereto agree as follows: 1.ARTICLE 1: BASIC LEASE PROVISIONS, Subsection 1.6 Use of Premises is deleted in its entirety and replaced with the following language: 1.6 Use of Premises. The Premises shall be used only for the purpose of operating a Technology Career Institute ("Permitted Use"). 2.ARTICLE 9: USE OF PREMISES, Subsection 9.1 Permitted Use and Continuous Operation is deleted in its entirety and replaced with the following language: 9.1 Permitted Use and Continuous Operation. Tenant shall actively and continuously use, operate and occupy the Premises solely for the Permitted Use, and shall be open to the public during Tenant's Business Hours. No other use shall be permitted without the prior express written consent of Landlord. Tenant shall identify itself to the public in connection with such business under Tenant's Trade Name specified in Article 1 above and under no other name without Landlord's prior express written consent. Notwithstanding anything to the contrary contained in this Lease, with prior written notice to Landlord, the Premises may be closed to the extent reasonably necessary due to Force Majeure. Tenant and Landlord agree on a written annual Operational Guidelines regarding the general parameters of Tenants use and occupation of the Premises, attached hereto as Exhibit C-1. The 1 Operational Guidelines may be amended annually by the Landlord within thirty {30} days after December 31 of each calendar year. 3.ARTICLE 11: ALTERATIONS AND ADDITIONS, Subsection 11.1 Tenant Improvements is deleted in its entirety and replaced with the following language: 11.1 Tenant Improvements. Tenant shall make not (i) any alterations, improvements, additions or utility installations, including without limit, carpeting, floor or window coverings, locks, air lines, power panels, electrical distribution systems, lighting fixtures, space heaters, air conditioning and plumbing in, on, or about the Premises or (ii) any change or alteration to the exterior of the Premises (collectively "Tenant Improvements"} without Landlord's prior written consent. Jf Tenant makes any Tenant Improvements or commences Tenant's Work without the prior written approval of Landlord, Landlord shall have the right to require that Tenant remove any or all of such Tenant Improvements or Tenant's Work and repair and any restore damage to the Premises caused by such removal at Tenant's sole expense and shall also have the right to declare Tenant in default and to terminate this Lease. Tenant's Work and any Tenant Improvements shall at all times comply fully with all applicable federal, state and municipal laws, ordinances, regulations, codes and other governmental requirements now or hereafter in force and Tenant shall, at Tenant's sole cost and expense, take all actions now or hereafter necessary to ensure such compliance. Tenant shall provide Landlord with a written request for approval of Tenant's Work or any Tenant Improvements that Tenant would like to make with proposed detailed plans. Landlord shall have the right to condition Landlord's prior written consent upon Tenant's: (i) obtaining a building permit and complying with all building and planning laws and regulations for Tenant's Work or the Tenant Improvements from appropriate governmental agencies; (ii} furnishing a copy of such building permit and evidence of such compliance to Landlord prior to the commencement of such work; (iii) complying with all the conditions of such building permit and such building and planning laws and regulations; (iv) providing Landlord with plans and specifications for Tenant's Work or the Tenant Improvements for Landlord's prior written approva I or the consent of any other tenant, if required by such other tenant's lease; (v) providing Landlord with a copy of the construction contract, construction schedule, trade payment breakdown and list of subcontractors and suppliers for Landlord's prior written approval; (vi) obtaining a builder's "all risk" insurance policy in an amount and issued by insurance company acceptable to Landlord, naming Landlord as an additional insured and otherwise satisfying the requirements of Article 9 above; and/or (vii) providing Landlord with ten (10) days written notice prior to commencing any such work. Landlord's approval of the plans, specifications and working drawings for Tenant's Work or any Tenant Improvements shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or complia nee with all laws, rules and regulations of governmental agencies or authorities. Landlord shall not be liable for any damage, loss, or prejudice suffered or claimed by Tenant, its agents or any other person or entity on account of: (a) the approval or disapproval of any plans, contracts, bonds, contractors, sureties or matters; (b) the construction or performance of any work whether or not pursuant to approved plans; (c) the improvement of any portion of the Premises or alteration or modification to any portion of the Premises; or (d) the enforcement or failure to enforce any of the covenants, conditions and restrictions contained in this Lease. Under no circumstances shall Tenant make any roof penetrations without the prior written consent of Landlord. Any consent of Landlord shall be conditioned upon Landlord's review and approval of plans satisfactory to Landlord for the repair of the roof. Any roof penetrations may be inspected by Landlord's roofing contractor, and Tenant shall reimburse Landlord for the cost of such inspection and any necessary repair work within ten (10) days after Tenant's receipt of an invoice therefor. 5.Unless otherwise defined, or the context otherwise indicates, the terms as used herein have the meaning defined in the Agreement. The provisions of this First Amendment shall control over any 2 inconsistent provisions of the Lease 6.All provisions in the Agreement that are not addressed and amended in this First Amendment shall remain in full force and effect and are hereby ratified and reaffirmed. 7.The individuals executing this First Amendment each represent and warrant that they have the legal power, right, and actual authority to bind Tenant to the terms and conditions of this First Amendment. [Signatures on Page 4] 3 IN WITNESS WHEREOF, the parties hereto for themselves, their heirs, executors, administrators, successors, and assigns do hereby agree to the full performance of the covenants herein contained and have caused this First Amendment to be executed by setting hereunto their signatures on the day and year respectively written herein below. "LANDLORD" APPROVED AS TO FORM: "TENANT" MIRA COSTA COMMUNITY COLLEGE DISTRICT �7-By:____________By: ___________ _ Name: \ \ «'\. �\ooe\. Name: ----------- Title: ti-s,..�. <':>...1?Q-�\�� }� iU�·,oJ.ritle: __________ _ P<o..��i. �� "'e.. � �,/1.C:.OS. Date: OL/j�O /p),o.;l 3 Date: NOTARY ACKNOWLEDGEMENT OF TENANT'S SIGNATURE(S) MUST BE ATTACHED 4 EXHIBITC-1 OPERATIONAL GUIDELINES The below enumerated Operational Guidelines shall commence on the Term Commencement Date. Landlord acknowledges that some enumerated performance measures are subject to grant funding and/or fundraising. Tenant acknowledges that they shall use good faith efforts to secure grant funding and/or fund ra ising for performance measures requiring such funding. Tenant shall create a center that will serve as a Technology Career Institute (TCI) where attendees can become skilled professionals in advanced manufacturing and be trained on machinery and/or new technology that will create jobs and benefit Carlsbad businesses and the region. Tenant shall be allowed to hold events and functions that will promote the center's purpose and function such as Job Fairs, Industry Open Houses STEM summer outreach programs from High School and Middle School students, and program fund raisers. Furthermore, the Center aims to increase the sphere of available advanced education to include other trades or skills to help in an evolving workforce including additional Work Ski lls Certificate Programs at TCI in Welding and Craft Brewing Technician courses. CURRENT WORK SKILLS PROGRAMS & COURSES AT TCI Certificate Programs Offered at TCI Engineer Technician -600 hrs Machinist Technology -487 hrs Unmanned Systems -335 hrs Biomedical Equipment Technician-440 hrs Electronic Assembly with IPC Cert. -80 hrs Phlebotomy Technician -160 hrs Veterinary Assistant -160 hrs Courses/Classes Offered at TCI Child Visitation Monitor CNC Operation CNC Programming Human Resources Academy Leadership Academy (Contract Training) Basic Electronics Blueprint Reading with GD&T LEAN Six Sigma OSHA 10 & 30 Internet of Things 3D CAD for Manufacturing Cohorts Per Typical year Enrollments 3 16 2 15 2 16 2 16 3 10 2 15 2 20 108 Cohorts Per Typical year Enrollments 2 12 3 10 3 12 2 18 2 18 1 12 2 14 3 12 2 15 1 10 3 11 144 New Classes Offered at TCI Cohorts Per year Typical Enrollments Welding 6 10 Craft Brewing Technician 2 16 5 6 CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT 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. State of California County of ~a.~ ~\-t~o before me, 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. . ' MELANIE S. HAYNIE WITNESS my hand and official seal. COMM. #2395495 z Notary Public • Californ ia ;a 0 San Diego County ... M Comm. Ex ires Mar. 2, 2026 Signature .,. ~:...------- (Seal) Optional Information Although the information in this section is not requi red by law, it could prevent fraudu lent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document . titled/for the purpose of \s?ir: G..N"\§l~~ ½ \..~~ cs contai ning S-pages, and dated __ '-f_/~~~/~J..=--~J------ The signer(s) capacity or authority is/are as: [% lndividual(s) D Attorney-in-Fact D Corporate Officer(s) ___________________ _ Title(s) I! • tn • , llii"l , Method of Signer Identification Proved to me on the basis of satisfactory evidence: p6 form(s) of identification O credible witness(es) Notarial event is detailed in notary journal on: Page # \ Entry # ~ Notary contact: __________ _ Other D Additional Signer(s) D Signer(s) Thumbprint(s) □ • g ~ --------------- D Guardian/Conservator D Partner -Limited/General D Trustee(s) D Other: _______________________ _ representing: ______________________ _ Name(s) of Person(s) or Entity(ies) Signer is Representing © Copyright 2007-2018 Notary Rotary, PO Box 41400, Des Moines, IA 50311-0507. All Rights Reserved. Item Number 101772. Please contact your Authorized Reseller to purchase copies of this form.