CC Resolution 1996-068^L RESOLUTION 96-68
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, APPROVING A FIVE YEAR
LEASE AGREEMENT BETWEEN THE LA QUINTA
REDEVELOPMENT AGENCY, THE CITY OF LA QUINTA,
AND THE UNITED STATES POSTAL SERVICE FOR
PROPERTY TO BE USED FOR THE SPECIFIC PURPOSE OF
POSTAL SERVICE TO THE CITY
WHEREAS, the City of La Quinta, La Quinta Redevelopment Agency, and
the United States Postal Service entered into negotiations for a five year lease to
develop a parking lot for the specific purpose of providing postal service to the City;
and,
WHEREAS, the site for the parking lot is located directly adjacent to, and
south of, the existing La Quinta Post Office having a street address of 51-350
Avenida Navarro. More particularly known as:
APN 773-104-005 and 006; and,
WHEREAS, said site consists of two 50-feet by 100-feet undeveloped
lots owned by the La Quinta Redevelopment Agency; and,
WHEREAS, in order to facilitate parking for the Post Office, the La Quinta
Redevelopment Agency proposes to lease the site to the City who in turn will
sublease the property to the United States Postal Service for the development of the
parking lot; and,
WHEREAS, pursuant to the Health and Safety Code Section 33433,
notice of the time and place of the hearing was published at least once a week for
two successive weeks prior to the hearing and the Summary Report has been
available for review; and,
WHEREAS, the City Council has conducted a public hearing and duly
considered all terms and conditions of the proposed Agreements and believes that the
development of the site pursuant thereto is in the best interests of the City of La
Quinta and the health, safety, and welfare of its residents, and in accord with the
public purposes and provisions of applicable State and local laws and requirements.
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^LResolution 9*68
NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED by
the City Council of the City of La Quinta, California, as follows:
SECTION 1. The City Council determines that in order to achieve a conversion
of zip codes for areas recently annexed into the City of La Quinta from the Cities of
Indio and Thermal Post Offices, the Redevelopment Agency will provide the land
necessary to accommodate the expansion of postal service by entering into Lease
Agreements, attached hereto and marked Exhibit *A".
SECTION 2. The City Council will waive the necessary fees and permits to
allow the Postal Service to install a trailer behind the existing Post Office. The Postal
Service will pave and grade the Site and the City will provide the temporary lighting
and approximately 200 feet of six-foot chainlink fencing.
SECTION 3. This City Council hereby finds that the Lease Agreement will
assist in the elimination of blight and is consistent with the Implementation Plan
adopted pursuant to Section 33490 of the Redevelopment Law.
SECTION 4. The consideration is not less than the fair reuse value at the use
and with the covenants and conditions and development costs authorized by the sale
or lease.
SECTION 5. That the buildings, facilities, structures, or other improvements are
of benefit to the project area or the immediate neighborhood in which the project is
located, regardless of whether the improvement is within another project area, or in
the case of a.project area in which substantially all of the land is publicly owned that
the improvement is of benefit to an adjacent project area of the Agency.
SECTION 6. That no other reasonable means of financing the buildings,
facilities, structures, or other improvements, are available to the community.
SECTION 7. That the payment of funds for the acquisition of land or the cost
of buildings, facilities, structures, or other improvements will assist in the elimination
of one or more blighting conditions inside the project area or provide housing for low-
or moderate-income persons, and is consistent with the Implementation Plan pursuant
to Section 33490 of the Redevelopment Law.
SECTION 8. The City Council approves the execution of the Lease Agreement
and a copy of the Agreement, when executed, shall be placed on file in the office of
the City Clerk. The City Manager is authorized to implement the Agreement and
execute all further documents and take such further actions as may be necessary to
carry out the Agreement.
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^L Resolution 9*68
SECTION 9. A Categorical Exemption has been adopted per Section 1 5304 of
the California Environmental Quality Act for this project.
SECTION 1 0. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the La Quinta
City Council, held on this 6th day of August, 1 996, by the following vote, to wit:
AYES: Council Members Henderson, Perkins, Sniff, Mayor Holt
NOES: None
ABSENT: Council Member Adolph
ABSTAIN: None
GLENDA L HOLT, Mayor
City of La Quinta, California
ATTEST:
*LIS N'LEY,DeutyCi Clerk
City of La Quinta, California
APPROVED AS TO FORM:
DAWN HONEYWE*City Attorney
City of La Quinta, California
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^L EXHIBIT A
LEASE AGREEMENT
THIS LEASE AGREEMENT the Lease") is entered into this day of 1996,
by and between the La Quinta Redevelopment Agency, a public body corporate and politic Lessor"
or Agency") and the City of La Quinta, a municipal corporation formed under the laws of the State
of California Lessee" or City").
RECITALS
WHEREAS, the Lessor and Lessee desire to enter into this Lease Agreement to enable the
City to sublease certain property located within the City of La Quinta to the United States Postal
Service; and
WHEREAS, it is necessary for the City to provide additional property to the United States
Postal Service to assist in the process of making ZIP Code adjustments that will be compatible with
the City of La Quinta's municipal lines which is anticipated to become effective December 1, 1995.
AGREEMENTS
In consideration of the payments to be made hereunder and the covenants and agreements
contained herein, the parties hereto agree as follows:
ARTICLE I. TERM OF LEASE
1.1 Premises. Lessor is currently the owner of that parcel of real property located in the
City of La Quinta, legally described in Exhibit A" attached hereto and incorporated herein by this
reference the Premises"). A site map of the premise and its relation to the adjacent U S. Postal
Service building is provided in Exhibit B" attached hereto and incorporated herein by this reference.
Lessor agrees to lease to Lessee and Lessee agrees to lease from Lessor the Premises upon the terms
and conditions expressed herein.
1.2 Reservation. Lessor reserves to itself, its successors, and assigns, together with the
right to grant and transfer all or a portion of the same, the non-exclusive right to enter upon the
Premises in accordance with any rights of Lessor set forth in this Lease.
1.3 Exceptions to Leasehold Estate. This Lease is made subject to all covenants,
conditions, restrictions, reservations, rights, rights-of-way, easements, and all other matters of record
or apparent upon a visual inspection of the Prenu*ses affecting the Premises or the use thereof on the
date this Lease is executed by Lessee.
1.4 Th*. The term of this Lease shall be for five 5) years commencing on the execution
date by the Lessor.
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^L ARTICLE II. DEVELOPMENT AND OWNERSHIP OF IMPROVEMENTS
2.1 Construction. Inspection bv Lessor and Right to Iniprovements. Lessor shall provide
security lighting and chain link fencing along the unfenced portion of the premise. Lessee shall
construct or cause to be constructed the grading and paving of the Premises which improvements
shall provide additional parking spaces for the United States Postal Service the Improvements").
Building permits shall be obtained and construction begun on the Improvements within two 2)
months of the date of the execution of this Lease. Lessee covenants with Lessor that the
Improvements shall be constructed in a good workmanlike manner according to and in conformity
with plans and specifications to be submitted to lessor pursuant to Section 2.2 below and in
compliance with all applicable municipal building and zoning laws and with all other laws,
ordinances, orders, rules, regulations and requirements of federal, state and municipal governments
and appropriate departments, commissions, boards and officers thereof. At all times during
construction, and prior to completion, of the Improvements, Lessor shall have the right, after not less
than twenty-four 24) hours notice to Lessee, to enter upon the Premises in the company of a
representative of Lessee for the purpose of inspecting the same, provided that such entry and
Inspection shall not be unreasonably inteffere with Lessee 5 construction of the Improvements. Any
and all Improvements which are made by Lessee to the Premises shall be owned by Lessee during
the Term but shall remain a part of the Premises and be surrendered therewith at the end of the Term
or soo*r.termination of this Lease, at which time the same shall become the property of Lessor.
ARTICLE III. RENT
3.1 NetLease. It is the intent of the parties hereto that the rent provided herein shall be
absolutely net to Lessor and that Lessee shall pay all costs, charges and expenses of every kind and
nature agalnst the Premises and any Improvements which may arise or become due during the Term
and which, except for execution and delivery hereof; would or could have been payable by Lessor.
3.2 MinimumRent. During the Term of this Lease, Lessee shall pay to Lessor a rent
payment amount of One Dollar $1.00) per year for the term of the Lease the Base Rent"). Rent
for any period during the term hereof which is less than one year shall be a pro rata portion of the
Base Rent. Rent shall be payable to Lessor at the address stated herein or to such other persons or
at such other places as Lessor may designate in writing.
ARTICLE IV. USE OF PREMISES AND COMPLIANCE OF LAW
4.1. * The Premises shall be used and occupied, according to the Sublease
approved on the same date, by sublessee for additional space for the United States Postal Service
necessary in servicing the La Quinta service areas.
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^L 4.2 Compliance with Law.
a) Lessor warrants to Lessee that the Premises, in the state existing on the date
that the Lease term commences, but without regard to the use for which Lessee will occupy the
Premises, does not violate any covenants or restrictions of record, or any applicable building code,
regulation or ordinance in effect on such Lease term commencement date. In the event it is
determined that this warranty has been violated, then it shall be the obligation of the Lessor, after
written notice from Lessee, to promptly, at Lessor's sole cost and expense, recti* any such violation.
b) Lessee, at Lessee's expense, shall promptly comply with all applicable
statutes, ordinances, rules, regulations, orders, and requirements of all governmental authorities
having jurisdiction affecting the Premises and Improvements or the cleanliness, safety, occupancy
and use of same, whether or nor any such law, ordinance, order, rule or regulation or requirement
in substantial, or foreseen or unforeseen, or ordinary or extraordinary or shall necessitate structural
changes of the Improvements or interfere with the use and enjoyment of the Premises.
4.3 Nondiscrimination. The Lessee herein covenants by and for himself or herself, his
or her heirs, executors, administrators and assigns, and all persons claiming under or through him
or her, and this lease is made and accepted upon and subject to the following conditions:
There shall be no discrimination against or segregation of any person or group of persons on
account of race, color, creed, religion, sex, marital status, handicap, age, ancestry or national origin
in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the premises herein
leased nor shall the lessee himself or herself, or any person claiming under or through him or her,
establish or permit any such practice or practices of discrimination or segregation with reference to
the selection, location, number, use or occupancy of tenants, lessees, sublessees, subtenants or
vendees in the premises herein leased.
ARTICLE V. PAYMENT OF EXPENSES
5.1 Lessee shall pay all of the costs and expenses in the operation, management, and
maintenance of the Improvements. Such expense shall include, without limitation, the following:
I) expenses incurred by Lessee for general maintenance, painting lighting, cleaning, trash rem6val,
security, fire protection; and ii) the actual cost of repairs to the Improvements.
ARTICLE VI. MAINTENANCE OF THE PREMISES
6.1 Obligations for Maintenance. Lessee, at Lessee's expense without cost to Lessor,
shall maintain in good order, condition, quality, and repair, the Improvements and every par* thereof
and any and all appurtenances thereto wherever located, and all other repairs, replacements, renewals
and restorations ordinary and extraordinary, foreseen and unforeseen.
6.2 Liens. Lessee shall keep the Premises, the Improvements, or any part thereof free
from-any and all liens arising out of any work performed, materials finnished or obligations incurred
by or fore Lessee, and agrees to cause to be discharged any mechanic's or materialmen's lien of
record within twenty 20) days after the lien has been filed or within ten 10) days after receipt of
written request from Lessor, whichever shall be the sooner.
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^L ARTICLE VII. INSURANCE AND INDEMNITY
7* I * Lessor has existing insurance through a joint powers insurance
authority which it shall keep in force during the term of this Lease.
7.2 Propertv Insurance. Lessor shall obtain and keep in force during the term of this
Lease a poliCy or policies of insurance covering loss or damage to the Building, but not Lessee 5
personal property, fixtures, equipment or tenant improvements, in an amount not to exceed the flill
replacement value thereof; as the same may exist from time to time, providing protection against all
perils including without the classification of fire, extended coverage, vandalism, malicious mischief,
flood in the event same is required by a lender having a lien on the Premises) special extended perils
all risk", as such term is used in the insurance industry), plate glass insurance and such other
insurance as Lessor deems advisable. In addition, Lessor shall obtain and keep in force, during the
term of this Lease, a policy of rental value insurance covering a period of one year, with loss payable
to Lessor, which insurance shall also cover all Operating Expenses for said period.
7*3 Waiver of SubroQation. Lessee and Lessor each hereby release and relieve the other,
and waive their entire right of recovery against the other for loss or damage arising out of or incident
to the perils insured against which perils occur in, on or about the Premises, whether due to the
negligence or Lessor or Lessee or their agents, employees, contractors and/or invitees. Lessee and
Lessor shall, upon obtaining the policies of insurance required hereunder, give notice to the
insurance carrier or carriers that the foregoing mutual waiver of subrogation contained in this Lease.
7.4 Ind*mnii**. Lessee shall indemnily and hold harmless Lessor from and against any
and all claims arising from Lessee's use of the Premises, or from the conduct of Lessee's business
or from any activity, work or things done, permitted or suffered by Lessee in or about the Premises
or elsewhere and shall flirther indenni* and hold harmless Lessor from and against any and all
claims arising from any breach or default in the performance of any obligation on Lessee's part to
be performed under the terms of this Lease, or arising from any act or omission of Lessee, or an* of
Lessee's agents, contractors, or employees, and from and against all costs, attorney1s fees, expenses
and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon;
and in case any action or proceeding be brought against Lessor by reason of any such claim, Lessee
upon notice from Lessor shall defend the same at Lessee's expense by courssel reasonably satisfactory
to Lessor and Lessor shall cooperate with Lessee in such defense. Lessee, as a material part of the
consideration to Lessor, hereby assumes all risk of damage to property of Lessee or injury to persons,
in, upon or about the Premises arising from any cause and Lessee hereby waives all claims in respect
thereof against Lessor.
ARtICLE VIII. UTILITY CHARGES
8.1 Lessee shall pay all charges for gas, water, sewer, electricity, telephone and other
utility services or franchise supplier sued on or in the Premises. If any such charges are not paid
when due, Lessor may pay the same after giving Lessee fifteen 15) days prior written notice, and
any amount soaid by Lessor shall thereupon become due to Lessor from Lessee as additional Rent.
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^L ARTICLE IX. ALTERATIONS AND ADDITIONS
Without Lessor's prior written consent, which consent may be withheld or granted in Lessor s
reasonable discretion, Lessee shall not have the right to make changes or alterations to the
Improvements or the Premises, except on the following conditions:
a) Lessee shall not make any alterations, whether structural or non-structural, which will
decrease the value of the Premises or the Improvements. If the cost of such changes or alterations
to the Improvements or the Premises exceeds Five Thousand Dollars $5,000), Lessee shall submit
to Lessor plans and specifications for approval.
b) Before the commencement of any work, Lessee shall pay the amount of any increased
premiurns on insurance policies provided for hereunder;
c) Lessor shall in no event be required to make any alterations, rebuilding, replacement,
changes, additions or Improvements or repairs to the Premises, except as specifically provided in this
Lease;
d) All such changes, alterations, rebuilding, replacements, additions, improvements and
repairs to the Premises made by Lessee shall be deemed to have attached to the realty and to have
become the property of Lessor upon the expiration of the Term or upon sooner termination of this
Lease.
ARTICLE X. ASSIGNMENT AND SUBLETTING
10.1 Agencv's Consent Required. With the exception of the Sublease Agreement with the
United States Postal Service attached hereto as Exhibit C" and incorporated herein by this
reference, Lessee agrees and covenants which covenants shall be binding upon the heirs, executors,
and administrators of Lessee) that Lessee shall not, assign, sell, encumber, pledge or otherwise
transfer all or any part of Lessee's leasehold estate hereunder, without Lessor's prior written consent.
No assignment, whether voluntary or involuntary, by operation of law, under legal process or
proceedings, by receivership, in bankruptcy, or otherwise, and no subletting shall be valid or
effective without such prior written consent, and at Lessor's election, shall constitute a default.
10.2 Lessee Remains Obligated. No subletting or assignment,. even with the consent of
Lessor, shall relieve Lessee of its obligation to pay Rent and all of its other obligations hereunder.
The acceptance by Lessor of any payment due hereunder from any person or entity other than Lessee
shall not be* construed as a waiver by Lessor of any provision of this Lease or as a consent to any
assignment or subletting. Consent by Lessor to an assignment of this lease or to a subletting of the
Premises shall not operate as a waiver or estoppel to the future enforcement by Lessor of its rights
pursuant to this Lease.
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^L ARTICLE XI. DEFAULT
11.1 Events of Default. The occiuTence of any one or more of the following events shall
constitute a material default of this Lease by Lessee:
a) The failure by Lessee to make any payment or rent or any other payment
required to be made by Lessee hereunder, as and when due, where such failure shall continue for a
period of fifteen 15) days after written notice thereof from Lessor to Lessee.
b) Except as otherwise provided in this Lease, the failure by Lessee to observe
or perform any of the covenants, conditions or provisions of this Lease to be observed or performed
by Lessee where such failure shall continue for a period of thirty 30) days after written notice
thereof from Lessor to Lessee; provided, however, that if the nature of Lessee 5 noncompliance is
such that more than thirty 30) days are reasonably required for its cure, then Lessee shall not be
deemed to be in default if Lessee commenced such cure within said thirty 30) day period and
thereafter diligently prosecutes such cure to completion.
c) The abandonment by Lessee of the Premises or a substantial portion thereof.
11.2. Remedies. In the event of any such material default by Lessee, Lessor may at any
time thereafter, with or without notice or demand and without limiting Lessor in the exercise of any
right or remedy which Lessor may have by reason of such default:
a) Terminate Lessee's right to possession of the Premises by any lawtul means,
in which case this Lease and the term hereof shall terminate and Lessee shall immediately surrender
possession of the Premises to Lessor. In such event, Lessor shall be entitled to recover from Lessee
all damages incurred by Lessor by reason of Lessee's default including, but not limited to, the cost
of recovering possession of the Premises; expenses of reletting, including necessary renovation and
alteration of the Premises, reasonable attorney's fees, and any real estate commission actually paid;
the worth at the time of award by the court having jurisdiction thereof of the amount by which the
unpaid rent for the balance of the term after the time of such award exceeds the amount of such
rental loss for the same period that Lessee proves could be reasonably avoided that portion of the
leasing commission paid by Lessor applicable to the unexpired term of this Lease.
b) Maintain Lessee's right to possession in which case this Lease shall continue
in effect whether or not Lessee shall have vacated or abandoned the Premises. In such event Lessor
shall be entitle*to enforce all Lessor's rights and remedies under this Lease, including the right to
recover the rent as it becomes due hereunder.
c) Pursue any other remedy now or hereafter available to Lessor under the laws
orjudicial decisions of the sate wherein the Premises are located. Unpaid installments of rent and
other unpaid monetary obligations of Lessee under the terms of this Lease shall bear interest from
the date due at the maximum rate then allowable by law.
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^L 11.3 Defauh by Lessor. Lessor shall not be in default unless Lessor fails to perform
obligations required of the Lessor within a reasonable time, but in no event later than thirty 30) days
after written notice by Lessee to Lessor and to the holder of any first mortgage or deed of trust
covering the Premises whose name and address shall have theretofore been flirnished to Lessee in
writing, specif*ing wherein Lessor has failed to perform such obligation; provided, however, that
if the nature of Lessor1s obligation is such that more than thirty 30) days are required for
performance than Lessor shall not be in default if Lessor commences performance within such thirty
30) day period and thereafter diligently prosecutes the same to completion.
11.4 Remedies for Lessee.
a) In the event of a default by Lessor, Lessee may abate its rent due to recover
any damages suffered as a result of the default.
MI. HOLDING OVER
This Lease shall terminate and become null and void without *her notice upon the
expiration of the Term herein specified and any holding over by Lessee after such expiration shall
not constitute a renewal or extension hereof or give Lessee any rights under this Lease, except when
in writing signed by both parties.
XIII. ACCESS BY LESSOR
In addition to the right of Lessor to reserve use of the Premises under Article W, Section 4.1,
Lessor and those agents, contractors, servants and employees of Lessor who are identified in writing
to Lessee shall have the right, after reasonable notice to Lessee, to enter the Premises during normal
business hours to examine the Premises, to perform any obligation of Lessor or to exercise any right
or remedy reserved to Lessor in this Lease.
ARTICLE XIV. RENEWAL OPTION
14.1 Option to Extend. Provided that Lessee is not otherwise in default under the terms
of this Lease, Lessee may at Lessee*s election, extend the term of this Lease by a ten 10) year period.
Such election shall be exercised by Lessee giving written notice to Lessor of intent to do so no more
than three 3) years, but no less than one 1) year, prior to the then scheduled expiration of the initial
term of this Lease or any extension thereof.
14.2 Continuation of Terms. The terms and conditions of this Lease during any such
extension, specifically including all obligations of the Lessor and Lessee hereunder, shall continue
in flill force and effect except as may be expressly modified by subsequent written mutual agreement
of Lessor and Lessee.
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^L ARTICLE XV. MISCELLANEOUS
15.1 * The waiver by either Lessor or Lessee of* any breach of any term, condition
or covenant contained herein shall not be deemed a waiver of such term, condition or covenant or
any subsequent breach of the same orany other term, condition or covenant contained herein.
15.2 *Qti*. All notices, demands or other writings to be made, given or sent hereunder,
or which may be so given or made or sent by either Lessor or Lessee to the other shall be deemed
to have been given when in writing and personally delivered or if mailed on the third 3rd) day after
being deposited in the United States mail, certified or registered, postage prepaid, and addressed to
the respective parties at their addresses set forth below:
To Lessor:
**La Quinta Redevelopment Agency
78-495 C*le Tampico
La Quinta, CA 92253
To Lessee:
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
15.3 Relationship of Parties. Nothing contained herein shall be deemed or construed by
the parties hereto, nor by any third party, as creating the relationship of principal and agent or of
partnership or ofjoint venture between the parties hereto, it being understood and agreed that neither
the method of computation of rent, nor any other provision contained herein, nor any acts of the
parties herein, shall be deemed to create any relationship between the parties hereto other than the
relationship of Lessor and Lessee. Nor shall anything herein be deemed or construed to imply
financial support for Lesseets operation apart from the provisions of this Lease.
* 15.4 *meofEssence. Time is hereby expressly declared to be of the essence of this Lease
and of each and every term, covenant and condition hereof which relates to a date or period of time.
15.5 Remedies Cumulative. The remedies herein given to Lessor and Lessee shall be
cumulative and are given without impairing any other rights or remedies given Lessor and Lessee
by statute or law nor existing or hereafter enacted, and the exercise of any one 1) remedy by Lessor
or Lessee shall not exclude the exercise of any other remedy.
15.6 Effect of Invalidity. If any term or provision of this Lease or the application thereof
to any person or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this
Lease, or the application of its terms and provisions to persons and circumstances other than those
to which it has been held invalid or unenforceable shall not be affected thereby, and each term and
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^Lprovision of this Lease shall be valid and enforceable to the fullest extent permitted by law. No
acquisition by Lessor of all or any of the interest of Lessee in or to the Premises or the
Improvements, and no acquisition by Lessee of all or any interest of Lessor in or to the Premises
shall constitute or work a merger of the respective interest, unless expressly provided for.
15.7 Successors andAssi*ns. This Lease and the covenants and conditions contained
herein shall be binding upon and inure to the benefit of and shall apply to the successors and assigns
of Lessor and to the permitted successors and assigns of Lessee and all references in this Lease to
Lessee'* or Lessof shall be deemed to refer to and include all permitted successors and assigns of
such patty.
I 5.8 EntireAgreement. This Lease contains the entire agreement of Lessor and Lessee
with respect to the matters covered hereby, and no other agreement, statement of promise made by
either Lessor or Lessee which is not contained herein, shall be valid or binding. No prior agreement,
understanding or representation pertaining to any such matter shall be effective for any purpose. No
provision of this Lease may be amended or added to except by an agreement in writing signed by
Lessor and Lessee.
15.9 Execution of Lease: No Option. The subrnission of this Lease to Lessee shall be for
examination purposes only, and does not and shall not constitute a reservation of or option for Lessee
to lease, or otherwi'se create any interest by Lessee in the Premises. Execution of this Lease by
Lessee and return to Lessor shall not be binding upon Lessor notwithstanding any tie interval, until
Lessor has in fact executed and delivered this Lease to Lessee.
15.10 CorporateAuthority. Each individual executing this Lease on behalf of a corporation,
nonprofit corporation, partnership or other entity or organization, represents and warrants that he is
duly authorized to execute and deliver this Lease on behalf of said corporation, partnership, entity
or organization and that this Lease is binding upon same in accordance with its terms.
15.11 Controllmg Law. This Lease shall be governed by and construed in accordance with
the federal law
15.12 * Nothing contained in this Lease shall be construed as or shall
have the effect of abridging the right of either Lessor or Lessee to obtain specific performance of any
and all of the covenants or obligations of the other party under this Lease.
15.13 Survival of Indemnities and Warranties. The obligations of the indemnifying party
under each and every indemnification and hold harmless provision contained in this Lease shall
survive the expiration or earlier termination of this Lease to and until the last to occur of a) the last
date permitted by law for the bringing of any claim or action with respect to which indemnification
may be claimed by the indemnified party against the indemnifying party under such.provision or b)
the date on which any claim or action for which indemnification may be claimed under such
3lease.agm 9
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^L
provision is fully and finally resolved, and, if applicable, any compromise thereof or judgment or
award thereon is paid in full by the indemnif*ing party and the indemnified party is reimbursed by
the indernni*ing party for any amounts paid by the indemnified party n compromise thereof or upon
judgment or award thereon and in defense of such action or claim, including reasonable attorneys
fees incurred. The representations, warranties, and covenants of the parties contained herein shall
survive the termination of this Lease without regard to any investigation made by the parties.
IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the day and year
first above written.
LESSOR
STANLEY SNIFF, Chairman
La Quinta Redevelopment Agency
LESSEE
GLENDA HOLT, Mayor
City of La Quinta
3Ieas*.ayn 10
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^L EXHIBIT A
LEGAL DESCRIPTION
Lots 19 and 20 of Block 134 of Unit No.14 of Santa Carmelita at Vale La
Quinta as per map recorded in book 18, pages 82 and 83 of Maps, Records of
Riverside County, California.
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^L EXHIBIT B
SITE MAP
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PROPERTY INFORMATION
51-350 AvenidaNavarro
APN 773-104-005 and 773-104-006
OWNER: La Quinta Redevelopment Agency
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^L SUBLEASE AGREEMENT
TmS SUBLEASE AGREEMENT the Sublease") is entered into this day of________
1996, by and between the City of La Quinta, a municipal corporation formed under the laws of the
State of California Sublessor" or City") and the United States Postal Service Sublessee").
RECITALS
WHEREAS, Sublessor entered into a certain Lease Agreement as Lessee" with the La
Quinta Redevelopment Agency Lessor") dated 1996 the Lease"); and
WHEREAS, pursuant to the Lease, Sublessee and Sublessor desire to enter into this Sublease
to effectuate the intent of the Lease which is to provide additional property to the United States
Postal Service to assist them in the process of making ZIP Code adjustments that will be compatible
with the City of La Quinta's municipal lines which is anticipated to become effective December 1,
1995.
AGREEMENTS
In consideration of the payments to be made hereunder and the covenants and agreements
contained herein, the parties hereto agree as follows:
Section 1. DEFINITIONS
Lease't shall mean the Lease Agreement, dated as of 1996 between the City
and the La Quinta Redevelopment Agency.
Property't shall mean the property and improvements thereon which are the subject of this
Sublease Agreement and which are more particularly described in the Lease Agreement.
Section 2. SUBLEASE OF THE PROPERTY
The City hereby leases the Property to the Sublessee and the Sublessee hereby takes
and assumes all obligations of the Lessee as set forth in the Lease with the exception of the following
provisions:
a) Sublessor Assistance. Sublessor shall assist Sublessee in the amount equal
to the costs of payment of all required municipal permit fees collectively, the tSublessor
Assistance").
b) Rent During the term of this Sublease, Sublessee shall pay to Sublessor a
rent payment amount ofOne Dollar $1.00) per year for the term of the Sublease the Base Rent").
Rent for any period during the term hereof which is less than one year shall be a pro rata portion of
the Base Rent. Rent shall be payable to Sublessor at the address stated herein or to such other
persons or at such other places as Sublessor may designate in writing.
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^L The term of this Sublease shall commence on the execution date hereoand shall terminate
simultaneously with the termination of the Lease.
Section 3. NOTICES
All notices, demands or other writings to be made, given or sent hereunder, or which may
be so given or made or sent by *ither Sublessor or Sublessee to the other shall be deemed to have
been given when in writing and personally delivered or if mailed on the third 3rd) day after being
deposited in the United States mail, certified or registered, postage prepaid, and addressed to the
respective parties at their addresses set forth below:
To Sublessor:
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
To Sublessee:
United States Postal Service
San Diego District
11251 Rancho Carmel Drive, Room 366
San Diego, CA 92199-9321
Section 4. BINDING EFFECT
This Sublease shall inure to the benefit of and shall be binding upon the City and the
Sublessee and their respective successors and assigns.
Section 5. SEVERABILITY
If any one or more of the terms, provisions, covenants or conditions of this Sublease
Agreement shall to any extent be declared invalid, enforceable, void or voidable for any reason
whatsoever by a court ofcompetentjurisdiction, the finding or order or decree of which becomes
final, none of the remaining terms, provisions, covenants and conditions of this Sublease shall be
affected thereby, and each provision of this Sublease shall be valid and enforceable to the flillest
extent permitted by law.
Section 6. AMENDMENTS
Attached hereto and made a part hereof are the United States Postal Service General
Conditions to USPS Lease. The terms.Qf this Sublease shall not be waived, altered, modified,
supplemented or amended in any manner whatsoever except by written instrument signed by the City
and the Sublessee or their successors in interest.
3subleaseagni 2
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^LSection 7. APPLICABLE LAW
This Sublease shall be governed by and construed in accordance with the laws of the federal
law.
Section 8. VALIDITY
If any one or more of the terms, provisions, promises, covenants or conditions of this
Sublease shall to any extent be adjudged invalid, unenforceable, void or voidable for any reason
whatsoever by a court of competent jurisdiction, then each and all of the remaining terms, provisions,
promises, covenants and conditions of this Sublease shall not be affected thereby and shall be valid
and enforceable to the fullest extent permitted by law.
IN WITNESS WHEREOF, the City and Sublessee have caused this Sublease to be executed
on their behalf by their duly au*thorized signataries, all as of the date first written above.
CITY OF LA QUINTA
By:
GLENDA HOLT, Mayor
tISUBLESSORt*
UNITED STATES POSTAL SERVICE
By:
Its:
SUBLESSEE*'
3*ubieaeagm 3
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^L *uNITEDSTATES General Conditions to USPS Lease
*POsTAL SERWCE
SECTION A mailed to Lessor at the address specified on page 3 of the Lease, or a
an address that Lessor has othefwise appropriately directed in wnting.
A.1 CHOICE OF LAW Any notice to the Postal Service provided under this Lease or under any
law or regulation must be in writing and may be hand delivered or
This Lease shall be governed by federal law. mailed, addressed to Contracting Officer, U.S. Postal Service" at the
address specified on page 3 of the Lease. or at an address that the
A.2 DEFINITIONS Postal Service has othenwise directed in wnting.
As used in this contract, the following tenns have the following A.4 MORTGAGEE'S AGREEMENT
meanings.'
If there is now or will be a mortgage on the property which is or will be
a. Contracting officer' means the person executing this contract an recorded prior to the recording of the Lease, the offeror must notify the
behalf of the Postal Service, and any other employee who is a propeify contracting officer of the facts concerning such mortgage and, unless in
authorized contracting officer: the term includes, except as otherwise his sole discretion the contracting officer waives the requirement, the
provided in the contract, the authorized representative of a contracting orieror must furnish a Mortgagee's Agreement, which will consent to this
officer acting within the limits of the authority conferred upon that person. Lease and shall provide that, in the event of foreclosure. mortgagee,
successors, and assigns shall cause such foreclosures to be subiect to
b. Successful offeror," offeror," contractor," or Lessor' are the Lease.
interchangeable and refer to the party whose proposal is accepted by the
Postal Service. A.5 EQUAL OPPORTUNITY
C. Lease" and agreement" are interchangeable and refer to this
all riders and attachments the reto. a. The contractor may not discriminate against employees or applicants
document, including because of race, color, religion, sex, or national ongin. T,he contractor
will take affirmative action to ensure that applicants am employed, and
A.3 EXECUTION REQUIREMENTS that employees are treated during employment, without regard to race,
a. All co*wners and all other persons having or to have a legal interest color, religion, sex, or national origin. This action must inckule. but not
in the property must execute the Lease. If the offeror is married, the be limited to, empioyment, upgrading, demotion, or transf**: recruitment
or wife of the oferor must also execute the or mcruitrnent advertising; layoff or termination: rates of pay or oth*
husband Lesse. The oferor forms of compensation: and selection for training, indudin
must submit adequate evidence of litle. apprenticeship. The contractor agrees to post in conspicuous pla*
b. If the offeror is a general partnership, each member must sign. available to empioyees and applicants, notices provided by th
corrtracting officer setting forth the provisions of this clause.
C. If the offeror is a limited parrriership, all general partners must sign.
b. The contractor must. in all solicitations or advertisements for
d. Where the offeror is an administrator or an executor of an estate, employees placed by it or on its beha if. state that all qualified applicants
there must be furnished a certificate of the clerk of the court or certified will be considered for employment without regard to race, coior, religion,
copy of the court order showing the appointment of the administrator or sex, or national origin.
executor, tngether with a certified copy of the will of the deceased. If
there is no will, or * the event the will of the deceased does not * The contractor must send to each union or workers' representative
specifically authorize the administrator or the executor to enter into a with which the contractor has a collective bargiaming agreement or other
contract to lease the proposed quarters, it will generally be necessary to understanding, a notice, provided by the contracting officer, advising the
furnish, in addItion to the above named items, a certified copy of the union or workers' representative of the contractors oornmitments under
court order authorizing such administrator or executor to enter into a this clause. and must post copies of the notice in conspicuous places
lease with the *ostal Service. avatiable to empioyees and applicants.
e. Where the offeror is a trustee. a certifIed copy of the instrument d. The contractor must cooiply with all provisions of Executive oneer
creating the trust must be furnished togetleer with any other evidence EO) 1 246 of September 24, 1965, as amended, *nd of the rules
necessary to establish the trustee's authority to lease. regulations, and relevant orders of the Secrelary of Labor.
f. Where the oferor is a corporation. leases and lease agreements e. The contractor must furnish all information and reports required by
entered into must have the corporate seal affixed or in place thereof the the Executive order, and by the rules. regulations, and orders of the
statement that the corporation has no seal. Secretary, and must permit access to the contractors books, records,
and accounts by the Postal Service and the Secretary for purposes of
g. *ere the oferor is a corporation, municipal corporation. fratemal investigation to ascertain compliance with these rules, regulations, and
order or society, the Lease must be accompanied by documentary orders.
evidence affirming the authority of the agent, or agents, to execute the
Lease to bind the municipal corporation, fraternal order or Society for f. If the contractor taila to comply with this clause or with any of the
which he Or they) purports to act. The usual evidence required to said rules, regulotions. or orders, this contract may be canceled,
establish such authority is in the form of extracts from the articies of terminated, or suspended, In whole or in part; the contractor may he
incorporation, or bylaws, or the minutes of the board of directors duly declared ineligible for further contracts in accordance with the Executh
certified by the custodian of such records, under the corporate seal. order: and other sanctions may be imposed and remedies invoked und
Such resolutions. when required. must contain the essential stipulations the Executive order, or by rule, regulation, or order of the Secretary.
embodied inthe Lease. The names and official titles of the officers who as otherwise provided by law.
are authorized to sign the Lease must appear in the document.
g. The contractor must insert this clause. including this paragraph g, in
h. Notices. Any notice to Lessor provided under this Lease or under all suboontracts or purohase orders under this contract unless exempted
any law or regulation must be in writing and may be hand delivered or by Secretary of Labor rules. regulations, or orders issued under the
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^L4 *UNITEDSTMES General Conditions to USPS Lease
*POSThL SERVICE
Executive order The contractor must take such action with respect to be considered as bona fide employees or agencies within the exception
any such subcontract or purchase order as the Postal Service may direct contained in this clause.
as a means of enforcing the terms and conditions of this clause
including Sanctions for noncompliance). provided, however, that if the A.9 ASSIGNMENT OF CLAIMS
contractor becomes involved in, Qr is threatened with. litigation as a
result, the contractor may request the Postal Service to enter into the a. If this contract provides for payments aggregating $10,000 or mare,
litigation to protect the interests of the Postal Service. claims for moneys due or to become due from the Postal Service under it
may be assigned to a bank, trust company, or other financing institution,
h Disputes under this clause will be governed by the procedures in 41 including any federal ending agency, and may thereafter be further
CFR6O*1.1 assigned and ie assigned to any such institution. Any assignment or
reassignment must cover all amounts payable and must not be made to
A.6 FACILITIES NONDISCRIMINATION morn than one party, except that assignment or reassignment may be
made to one party as agent or trustee for two or more parties
a. As used in this clause, the term facility" means stores, shops. participating in financing this contract. No assignment or reassignment
restaurants, cafeterias, restrooms, and any other facility of a public will be recognized as valid and binding upon the Postal Service unless a
nature in the building in which the space covered by this Lease is written notice of the assignment or reassignment, together with. a true
located. copy of the instrument of assignment, is filed with
b. The Lessor agrees that he will not discriminate by segregation or 1 The contracting officer; and
otherwise against any person or persons because of race, religion, color,
age, Sex, or national origin in furnishing, or by refusing to fumish, to such 2.The surety or sureties upon any bonds.
person or persons the use of any facility including any and all services,
privileges, accommodations, and activities provided thereby. b. Except with the written consent of the Contracting Officer.
assignment of this contract or any interest in this contract other than in
c. It is agreed that the Lesso*s noncompliance with the provisions of accordance with the provisions of this clause will be grounds for
this clause shall constitute a raterial breach of this Lease. In the event termination of the contract for defauit at the option of the Postal Service,
of such noncompliance* the Postal Service may take appropriate action
to enforce compliance, may terminate this lease, or may pursue such C. Nothing contained herein shall be construed so as to prohibit transfer
other remedies as may be provided by law. In the event of termination, of ownership of the demised premises, so long as such transfer is
the Lessor shall be liable fur all excess costs of the Postal Service in subject to this agreement.
acquiring substitute space, including but not limited to the cost of moving
to such space. A.1O COMPLIANCE WITh OSHA STANDARDS
d. The Lessor agrees to include, or to require the inclusion of the To the extent this agreement is for construction. afteration, andfor
foregoing provisions of this clause with the terms Lesso* and Lease" repairs. the Lessor must i) comply with abplicable Occupational Safety
appropriately modified) in every agreement or concession pursuant to and Health Standards, title 29 Code of Federal Regulations, Part 1910.
which any person other than the Lessor opemtes or has the right to promulgated pursuant to the authority of the Occupational Safety and
operete any facility. The Leesgi also agrees that it will take such action Health Act of 1970: ii) comply with any other applicable federal, state,
with respect to any such agreement as the Postal Service may direct as or local regulation governing workplace safety to the extent they am not
a means of enforcing this clause, including but not limited to termination in conflict with i): and iii) take all other proper precautions to protect the
of the agnement or concession. health and safety of a) any laborer or mechanic employed by the
Lessor in performance of this agreement, b) Postal Service employees,
A.7 OFFICIALS NOT TO BENEFIT and c) the public. The Lessor must include this dlaiuse in all
subcontracts hereunder and to require its inclusion in all subcontracts of
No member of or delegate to Congress may be admitted to any part or a lower tier. The term *essor" as used in this clause in any subcontract
share of this contract, or to any benefit arising fiom it. This prohibitlon must be deemed to refer to the subcontractor.
does not apply to the extent this contract is with a corporation for the
corporation's general benefit. A.il EXAMINATION OF RECORDS
A.8 CONTINGENT FEIES a. The Postal Service and its authorized representatives will, until three
years after final payment under this contract, or for any sherter period
a. The offeror warrants that no person or selling agency has been specified for particular records. have acress to and the right to examine
employed or retained to solicit or obtain this contract upon an agreement any directly pertinent books. documents, papers, or other records of the
or understanding for a commission, percentage, brokerage, or contingent contractor involving transactions related to this contract
fee. except bona fide employees or bane fide, established commercial or
selling agencies maintained by the Lessor for the purpose of obtaining b. The contractor agrees to include in all subconiracs under this
business. contract a provision to the effect that the Postal Service and its
autnorized representatives will, until three years after final payment
b. For breach or violation of this warranty, the Postal Service has the under the subcontract, or for any shorter specif- perlod for particular
right to annul this contract without liability, or at its sole discretion, to records, have access to and the right to examine any direcuy pertinent
deduct from the contract price or consideration, or otherwise recover books, documents, papers, or other neords of the subcontractor
from offeror the full amount of the commission, percentage, brokerage involving transactions related to the subcontract. The term subcontract,'
fee, or contingent fee. as used in this clause excludes:
c. Licensed real estate agents or brokers having listings on property for 1. Punchase orders: and
rent, in accordance with general business practice, and who have not
obtained such licenses for the sole purpose of effecting this lease, may
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^L UNITED STATES General Conditions to USPS Lease
*POSTAL SERWCE
2 Subcontracts for public utility services at rates established for 3.
uniform applicability to the general public. a) If the contractor is an individual, the certification must L
executed by that individual.
A.12 CLEAN AIR AND WATER b) If the contractor is not an individual, the certification must be
The contractor agrees: executed by:
a. To comply with all the requirements of sectiOn 114 of the Clean Air 1) A senior company official in charge at the contractors
Act 42 U.S.C. 7414) and section 308 of the Clean Water Act 33 U.S.C. plant or location involved; or
1318) relating to inspection. monitoring, entry, reports, and information,
as well as other requirements s-led in section 114 of the Clean Air 2) An officer or general partner of the contractor haying
Act and section 308 of the Clean Water Act. and all regulations and overall responsibility for the conduct of the contra*5
guidelines issued to implement those acts before the award of this affairs.
contract; e. For contractor claims of $50,000 or less. the contracting officer must,
if requested in writing by the contractor, render a decision within 60 days
b. That no portion of the work required by this contract will be of the request. For contractor*rtifled claims oyer $50,000. the
perfornned in a facility listed on the Environmental Protection Agency List contracting officer must, within 60 days, decide the claim or notify the
of Violating Facilities on the date when this contract was awarded unless contractor of the date by which the decision will be made.
and until the EPA eliminates the name of the facility from the listing;
C. To use its best efforts to comply with dean air standards and dean f. The contracting officers decision is final unless the contractor
water standards at the facility in which the contract is being performed: appeals or files a suit as provided in the Act.
and g. The Postal Service will pay interest on the amount found due and
d. To insert the *ubstance of this clause into any nonexempt unpaid from:
subcontract, including this paragraph d. 1. The date the contracting officer receives the claim Pr-*Y
certifiel if required): or
A.13 CLAIMS AND DISPUTES
2. The date payment o*vsse would be due. if that date is le*
a. This contract is sub* to the Contract Disputes Act of 1978 41 until the date of payment.
U.S.C. 601*13) the Act").
h. Simple interest on claims will be paid at a rate determined
b. Except as pnovided in the Act, all disputes arising under or relating to accordance with the Interest clause.
this contract must be resolved under this clause.
i. The contractor must prooeed diligently with performance of this
C. Claim." as used in this clause, means a written demand or written contract, pending final resolution of any reluCst for rellef, claim. appeal.
assertion by one of the contracting parties seeking, as a matter of right. or action arising under the contract, and comply with any decision of the
the payment of money in a sum certain. the adjustment or interpretation contracting officer.
of contract terms. or other relief arising under or relating to this contract.
However, a written demand or written assertion by the contractor seeking A.i4 AFRRIIIATI'i'E ACTION FOR HANDICAPPED WORKERS
the payment of money exceeding $50,000 is nol a claim under the Act
until certified as required by subparagraph d.2 below. A voucher, The following clause is applicable if this contract pnovides for payments
invoice, or other routine request for payment that is not in dispute when aggregating $2,500 or morn.
su*mitted is not a claim. under the Act. The submission may be
converted to a claim under the Act by complying with the submission and a. The contractor may not discriminate against any oae or
certificiation requirements of this clause, if it is disputed either as to applicant because of phyii**l or mental handicap. in regard to any
liability or amount or is not acted upon in a reasonable time. position for which the employee or applicant is qualified. The contractor
agrees to take affirmative econ to empoy, advance in enpern-ment and
d. otherwise treat qualified handicapped individuale without discriminahon
1. A claim by thb' contractor must be made in writing and submitted in all employment practices. sucn as employaent. upgrading, deimabon
to the contracting officer for a written decision. A claim by the Postal or transfer, neoruilment. advenising, layoff or termination, rates of pay or
Service against the contractor is subject to a written decision by the other forms of compensation, and selection for training including
contracting officer. app**tieeship).
2. For contractor claims exceeding $50,000, the contractor must b. The contractor agrees to comply with the rules, *latioi*, and
sulrrnit with the claim a certification that: relevant orders of the Secretary of Labor issued pursuant to the
Rehabilitation Act of 1973. as amlended.
a) The claim is made in good faith;
* In the event of the contractors nonoornpliance with this clause,
b) Supporting data are acorate *nd complete to the best of the action may be taken in accordance with the rules and regulations a*
contractors kn* and beIle* and relevant orders of the Secretary of Labor.
C) The amount requested accurately reftects the contract d. The contractor agrees to post in conspi*ous places, available
adjustment for which the contractor believes the Postal Service employees and applicants, notices in a form to be prescribed by I
is liable. Director, Office of Federal Contract Compliance Pr,ogmrr'., pra-cled *,
or thnough the contracting officer. These notices state the contractors
obligation urtier the law to take affirmative action to employ and advar*
ftE""ERIISS J* 1UI* A-3
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^L General Conditions to USPS Lease
and the exciusion does not apply to a paiti** * once the
d*cidii to consider applicants ou* its own organ:1abon of
employei'Iunion arrangements for that *
* The * * * * * *ep*es*ntgtive with
it * a * T*g *reemant *ic. understanding I'. Definitions
that the CDndaitor batit* tirtlwtamts * 503 of the Act and is
cormittaol 10 taking alfliTneti*t* ICkin to em- and advance in 1. All suitable employment openings ancluees Openings that occur
* the following job categones production and non*producu* plant
and office; labomrs and * suprvipry' and no*
f The ooiitlretor must Incuhe * * in eveiy Subcontract or supervisory; technical; and executive adminitria the. and
r'***;; * em * * ueeer mw oenti* unless exemp* by piolessional Openings as ane CQmpenseled on a salary tias. of less
* QF*-* e'* pursuant to Section th*h $25,000 per year. This teim tncki** iull4ime em-men',
* * * each * tempomiy employment 0' mom thaft*k* oaya dwalloii and part-
or v-or The conwaicer mue***uch aclion willi rclect to a* tine employment. It does not Incilide oPeI*e the contractor
0, *-* *-, * the *of the Qmc. of Fetleral *--;**: to fill Itorn within its own **ation or under a cuStomary
*..." if. * e*oll irt these ani*tradi*al employcriunion hinn*effang** Or Openio-ngs in an
**- md--IN' for educallonal institution that am * 10 atudenli of that
* Under the most * *
* AND em-mint Opening may not be aiim* *
in wh*ih the needs * tb* PouW Sirwwi *
* pmvi* or more, the be otheiwise supplied * * wo'lti *
nationw secutity. or when thu * ***--
flot be in the beet * of the POUW *
The cw*tior ma* **ubmnat* a-- any * or 2. A*oprtatm office of the Stata * * the
a-ant bmomu*** * *11-nt is a disablal velema or *` office of the Feileral/St** * syslaim' of
vew-ft.*el the * W* in mGitd 10 any 100 or which the em-- offloes with assigned r*iibUt*for e-g the*
empIOyua or aaulisiitu *--.-` *Ia *tractor' agnius to. tmI*i.- where thu ernpioyniiunt opening is tobe filled.
*Wktnaie a*lon to em-. * ft. emplnyi- and
treat qualfied *`- veterans and viewans of the Vietnam era withoul 3. Openings the contnactor proposes to fin from within its awn
* in all ern-rnwyi Practices such as employment,. organization" means employment CPU-s for wiiich Irersona
*pgmding* demotlnin or tra*ir ICV'J*tment advertising layoff or outside the contractor's orlanizatioh including any affilIates
ternirialion Tales of pay or otter fonts of conipensaton and selection sulisidiaries, and the panent compa*) will not be coftidered and
for trainingi *nCIotllng eppfmnticnhip* ind*s any openings the contractor Proposes to fill from regularly
established nicaU" lists.
b The *-. i**; that all suitable * o*igs of the
contractor ex* at the li'e of the execution of this contract or 4 Openings the contractor p*oiaa to fill under a citornary and
OOOuffiDG * Its * induding thorn not generatud try this tfdi*al employer/union hinng ar13flg*t* means em-merit
contract and those occimwij at U*eII*b*meat of the coetacor other openings the contractor proposes *U from union hella es Part of
i-rn
* cUWm* litbamp D-m.d. but I, ttwse the ouato*#y end triiilltiofiaI hiring iliWlonahip eiiiimhng between it
of Cu* Walt be llsaisl g an and representatives of its emp**
the opa* opiiie, TIm*** * lOleil to *? * * The contractor agrees to cory* *the rideL * and
m*ortr to the *l olllthe * p-nt * In* *lawr.. n of the Secretary of * *sueat to the VI*m
Reahiatnent Assistance *II * m *.
rmiy lie z:* stare and local * *ncieai Thotleg pww
Se. *i,,,-- oontiectw of Walt elee list all their h In the event of the contractors nonarnoliacie wiwi. this clause
Openings with the appmprb*OW***d the * * action may be taken in accordance wlh the nees nuglul-oris and
C Lisbng of * op*i**ih the em;*ent smivice system mlavant onrers of the Secretary
will be made at * willi the U'. of any other iecieiitimint i. The contractor agrees to post in o-cupcuoris places available to
source or * and will iavowui the noi* *ations aitaching 10 the employees and applicants, notous in a forrn to be PresoflOetI by the
Placing of a bona fide jolir ertler, incIlutling the accetaince of nefirmis of Dira*r, omom of Fedural Contract Comphiom-ce Programs pneeided by
vetairans and non*vetW* The listing of ei*ent openings does not of thnough the contracting officer Theie nobais state the contrctors
nsiluins the h#nng of any partlculw cant Or hlriing from any ticular oblIgation under the law to take affi*tiie achon to em- and advance
group of apolicants and nooi'no hefein a intended to nelleve the in employment qualified disabled veterans and veterans of the *istnam
contnictor from any other feqistemeits i*gariling nondiscrirnination in era, and the rights of applicants and *
emp-.
j. The contractor must notify each union Or workers' nuonusentative with
d Wheneyw the cont* becomes contractually bound to the lisung which it hes a collective bargaining awewnent of other understanding
pv'*Ions of this clause, it must advise the empem-ment service system that the contractor is bound by the turriis of the Act and is OOnffnitted to
in each State whem it has establialiments of the naine and location of taking affirma* action to employ, and advanca in employment,
each liiiring location in the Slate The citractor may advise the Stale qualified disabled veterans and veterans of the *iatnam era.
system wh*fl it is no ionger boLintl by this clause.
k. The contractor must include this clIu** in every Subcontract or
e. Ptregraph's b. C, and d above do not apply to openings the puichase order of $10,000 or mom under this contract unless exenp*
contractor pnpposes to fill fiom within ita own organization Of under a by rules. regulations, or onfefs of the Secretary issued pursuant to the
custoonary and traditional em-er/union hiring anangeniient. But this Act, so its provisions will be binding upon each Subcontractor or vendor.
RETERMSS i* 1551
BIB]
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^L *UNITEDSTATES
*POsTAL SERVICE. General Conditions to USPS Lease
The contractor must take such action with respect to any subcontract or Postal Service contract or to imply in any manner that the Postal Service
purchase order as the Director of the Office of Federal Contract endorses its products.
Compliance Programs may direct to enforce in these provisions,
induding action for noncompliance. A.iI RECORDING
A.16 GRATUITIES Recording Not Reouined
a. The Postal Service may terminate this contract for defauft if, after A.20 SUBLEASE
notice and a hearing, the Postal Service Board of Contract Appeals
determines that the contractor or the contractors agent or other The Postal Service may sublet all or any part of the premises or assign
representative: this lease but shall not be relieved from any obligation under this lease
1. Ofered or gave a gratuity such as a gift or entertainment) to an by reason of any subletting or assignment.
officer or employee of the Postal Service: and A.21 ALTERATIONS
2. Intended by the gratuity to obtain a contract or favorable
treatment under a contract. The Postal Service shall have the right to make alterations, attach
fixtures and erect additions, structures or signs in or upon the premise.
b. The rights and rernedles of the Postal Service provided in this clause hereby leased provided such alteration:, additions, stwclunes. or signs
are in atdition to any other rights and remedies provided by law or under shall not be detrimental to or inconsistent with the rights gnttnteel to other
this contract. tenants on the property or in the building in which said premises are
located)'. which fixtures, additions or structures so placed in. upon or
A.17 HAZARDOUSTOXIC CONDITIONS CLAUSE attached to the said premises shall be and remain the prpeerty of the
Postal Service and may be removed or otherwise d* of by the
Friable asbestos material" means any material containing more than 1% Postal Service. Prior to expiration or termination of this lease the Postal
asbestos by weight that hand pressure can crumble. pulverize, or reduce Service may remove such alterations and improvements and restore the
to powder when dry. Sites cannot have contaminated soil. water or premises to as good condItion as that existing at the *.- of entering
undisclosed underground storage tanks. upon the same under the lease. reasonable and ordinary wear and leer
and damages by the elements or by circumstanOeS over which th*'
Unless due to the act or negligence of the Postal Service, if Postal Service hCs no control, excepted. If however, at the Cxpimt*wi C
contaminated soil, water, underground storage tanks or piping or friable termination of the lease or any renewal or extension thereof. the Posti
asbestos or any other hararloustoxic materials or substances *5 Service elects not to remove such alterations andlor * sak.
defined by applicable Local, State or Federal law is subsequently afterations andlor improvements shall become the property of the Lessor
identified on the premises, the Lessor agrees to remove such materials and any rights of restoration are waived.
or substances upon notiflcation by the U. S. Postal Service at Lessors
sole cost in accordance with EPA andlor State guidelines. If the Lessor A.22 APPLICABLE CODES AND ORDINANCES
fails to remove the asbestos or hazardousitoxic materials or substances,
the Postal Service has the right to accomplish the work and deduct the The Lessor, as part of the rental consideration, agrees to comply with all
cost plus administrative costs, from future rent payments or necover codes and ordinances applicable to the ownership and operation of the
these costs from Lessor by other means. or may. at its sole option. building in which the rented space is situated and to obtain an necessary
cancel this Lease. In addition, the Postal Service may prcoortionally
abate the rent for any period the premises. or any part thereof, are permits and related it*rr* at no cost to the Postal Service.
determined by the Postal Service to have been rendered unavailable to ft
by reason of such condition. A.23 DAMAGE OR DESTRUCTION OF PREMISES
The remainder of this clause applies if this Lease is for premises not If the dernised premises or any portion thereof are damageti or
previously ocoupied by the Postal Service. destroyed by fire or other casualty, Acts of God. of a ***L': einy not
or insurrection or are otherwise determined by the Postal Service to be
By execution of this Lease the ii.. certifies: unfit for use and occupancy. the Postal Service may
1. The property and imp*merits are free of all contamination a. terminate this lease as of the date the prernims beome unfit for use
irorn petroleum products or any hizardousitoxic or unhealthy and occupan*. or
materials or substances including friable asbestos, as defined by
applicable State or Federal law. b. require the Lessor to repair or rebuild the prrerntses m necessary to
restore them to tenantable condition to the satsfact,on of the Postal
2. There are no undisclosed underground storage tanks or Service. For any period the premises, or any part thereof. are unfit for
associated piping on the property. use and occupancy. the rent will be abaileel in pnopertion to the area
The Lessor hereby indernnifles the Postal Service and its officer:. deennined*by the Postal Service to be untenantable. Urfiss for use
does not include unsuitability arising from such causes n design, siz**
agents, representatives, and ernployees from all claims, loss. damage. or location of the pramises, or
actions, causes of aclion. expense andlor liability resulting from. brought
for, or on account of any violation of this clause. C. accomplish all repair necessary for postal occupancy and deducti
suCh costs, plus administrative burden frorn future rents.
A.18 ADVERTISING OF CONTRACT AWARDS
Except with the contracting officers prior approval, the contractor agrees
not to refer in its oornmercial advertising to the fect that it wm awarded a
RETERMSS J* 19.81 A-5
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^L *,*TITAELDsSETRA;iESCL General Conditions to USPS Lease
A.24 LESSOR OBLIGATIONS n. If air*conditioning equipment is furnished Lessor muSt furnish air
conditioning equipment in the demised premises in good working order
The Lesso*s Obligations regarding the services to be provided are further and, if maintained by Lessor, will be maintained in accordance with the
defined as follows: Maintenance Rider included attaceed hereto.
a. If heating system and fuel are furnished Lessor must furnish 0. If air*nditioning is furnished Lessor must maintain a uniform
heating system together with all fuel required for proper operation of the temperature of no greater than 78 degrees F. in all enclosed portions of
system during the continuance of the Lease. The system must be in the demised premises and be responsible for serviclng of the air
good working order and, if maintained by the Lessor. will be maintained conditioning equipment including, but not limited to, the replacement of
in accordance with the Maintenance Rider attached hereto, necessary fibers and refiigemnt as required for proper operation of the
equipment together with power, water and other servies for its
b. If heat is furnished Lessor must maintain a uniform heating operation.
temperature of 85 degrees F. in all enclosed portions of the demised
premises during the continuance of the Lease.
A.25 LESSOR'S SUCCBSSORS
c. If heating system is furnished Lessor must furnish heating system
in good working order and, if maintained by Lessor, will be maintained in The terms and provisions of this Lease and the conditlons hensin are
accordance with the Maintenance Rider attached hereto. binding on the Lessor, and all heirs, executors, administrators,
successors, and assigns.
d. If lighting fixtures and power are furnished Lessor must pnovide
light fixtures in good working order as well as pay all recurring electric A.26 DRUG-FREE WORKPLACE
bills.
a
e. If light fixtures are furnished Lessor must provide light fixtures in Applicability. This clause applies to all contracts with indlv'lduais
good working order. without regard to the dollar amount, and to all other contracts over
$50,000.
f. If eiectricft is furnished Lessor must pay for all recurring * b
bills and furnish the eleclrical system during the continuance of the Exception.. This clause does not apply to those contracts that ain
Lease. to be pe*n'etl completely outside of the Unledl*Sta*, its territories,
and *osmsions.
g. If electrical system is furnished Lessor must furnish an eleclrical
system in good working order having a separate electrical meter. * Definitions. As used in this clause..
1. Contmlled substance" means those sultstarcesa identified in
h. If water system and water are furnished Lessor must furnish a schedules I through V, Section 202 of the Controlled Substances Act
water system in good working order and pay for all recurring water bills 21 U.S.C. 812), and as further defined in 21 CFR Sections 1308.11
during the continuance of the Lease.
through 1308.15.
If waler system is furnished Lessor must furnish a water system in 2. Conviction" means a finding of guift including a finding based
good working order with separate water meter. onapea of guilty ore plea of nolo contender) by cry judjarn. Ibody
1 If eewemge service is furnished Lessor agrees to furnish sewerage chareed with the responsiollity to determine yiolatloni of Orirninal
systems including all equiprnent. piping, plumbing, lines, connections, drug statutes.
septic tanks, field lines and related devices, as neomary and to pay all 3. Criminal drug statute" rni*ns a flederal or n***bdwal criminal
charges, fees and other costs for such system and services during the statute involving drug abuse.
continuance of the Lease.
k. If sewerage system is furnished- Lessor agrees to furnish sewerage 4. * abuse" means the * distribution,
systems including all equipmenl, plping, plunbing. lines. conreections, dispensing, possession, or use of a controlled substmnae
seotic tanks, field lines, and related devices. as necessary during the 5. Ernployes" means any per'son directly eneagad in thu
continuance of the Lease. perlormance of work under a Postal Service contract.
I. Future Availability of Public Water andlor Sewerage Services 8. Individuar rh*ans a contractor with no ernoloyees other than
Regardless of Lessor's responsIbility for water andlor sewenage under hinsself or henself.
this Lease, if public water anWor sewerage services are not currently
available, but becc'ne av!ilable in the future, the Lessor agrees to 7 Workplace" means any site wnere work is being done in
accomplish connection, maintain, and pay all f*s and costs involved in connection with this contract.
connecting the building system to the public water andior sewerage
systems. After connection, the Postal Service agrees to pay recurring d. Requirements
charges for water consumption and use of sewerage services. If
connion of such services is optional, the Postal Service will determine 1. Contractors, except as individuals, must provide a drug-free
if the connection is to be made by the Lessor. workplace ly'.
F rn. If air*nditloning equipment and coerating POwer are Pnovlded- a) Publishing, publicly posting, and furnishing sech employee a
Lessor must furnish air*nditloning equipment together with all posr statement that drug abuse in the workplace is *ibited and
required forproper operation of the equipment during the continuance of s*lng what actions will be takeri against employees for
the Lease. The equipment must be in good working order and, if violation. of the prohibitIon
maintained by the Lessor, will be maintained in accordance with the b) Establishing a dm** awarssess program to infbrrri all
Maintenance Rider attached hereto.
employees clout
RETERMSS J* 1IU*
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96-U02
68-U02
^L *UNITED STATES General Conditions to USPS Lease I
*PoSTAL SERVICE,,
1) The dangers of drug abuse in the workplace: 2. The Lessor may discharge its Qbligation under this clause to
workers in any classification for which the wage*termination
2) The contractors pclicy of maintaining a drug-free decision contains:
workplace,.
a) Only a basic hourly fate of pay. by making payment at not
3) Any available drug counseling, rehabilitation, and less than that rate. except as otherwise provided in the Copeland
employee assistance programs; and Regulations 29 CFR Part 3); or
4) The penalties that may be imposed upon employees for b) Both a basic hourly rate of pay and fingebenefit payments,
drug abuse violations occurring in the workplace; by paying in cash. by irrevocably contributing to a fund. plan, or
program for, or by assuming an enforceable commitment to bear
C) Notifying all employees that, as a condition of continued the cost of, bona fide fringe benefits contemplated by 40 U.S.C.
employment on this contract, the employee must: 2768, or by a combination of these.
1) Abide by the contracto*s prohibition of drug* abuse in the 3. Contributions made. or costs assumed, on other than a weekly
workplace; and basis but not less often than quarterly) are considered as haying
the contractor of any criminal drug conviction for a been constructively made for a weekly period. When a fnnge benefit
2) Notify is expressed in a wage determination in any manner other than as
violation occurring in the workplace within five 5) days of
such conviction; an hourly rate and the Lessor pays a cash equivalent or provides an
alternative fringe benefit. the Lessor must furnish information with
d) Notifying the contracting officer within ten 10) days of the Lessor's payrolls showing how the Lessor determined that the
necerying a notice of a conviction *Om an employee or otherwise; cost incurred to make the cash payment or to provide the alternative
fringe benefit is equal to the cost of the wa-termination fringe
e) Instituting appropriate personnel action, up to and including benefits. When the Lessor provides a fringe benefit diflerent fiom
termination, against an employee or requiring the employee to that contained in the wage determination. the Lessor must show how
complete a drug abuse assistance or rehabilitation proplram the hourly rate was arrived at In the event of disag*"ent as to an
approved by a Federal. State. local health, law enforcement, or equivalent of any fringe benefit, the contracting ofecer rnust submit
other appropriate agency within thirt* 30) days of rooerring a the question. together with the contracting officer's recommendation
notice of conviction; and to the Secretary of Labor for final determination
f) Making consistent and goool faith efforts to maintain a drug- 4. If the contractor does not make payments to a *.its,,,- or otiler
flee workplace through implementation of paragraphs d..(a) third person, the contractor inay consider as payment of wages the
through d.1.(e), above. costs reasonably anticipated in providing bona fide fringe beneets
but only with the approval of the Secretary of Labor pumuant to a
2. The contractor. if an individual. must not engage in drug abuse in written request by the Lessor. The Secretary of Labor inay require
the performance of this contract. the Lessor to set aside assets in a separate account. to neect the
Lessors obligations under any unfunded plan or program.
e. Sanctions. violation of the terms of this clause may be grounds for
the termination for default, and suspenSion or debarment fiom eligibility 5. The contracting officer will require that any class of laborers or
for future Postal Service contracts. mechanics not listed in the wa-termination but to be ernployed
under the contract will be diassifeid in conforrrwnce with the
A.27 DAVlS*CON ACT determination and report the action taken to the Administrator of the
Wage and Hour Division, Empoynent Standards Administration.
The following is applicable if this agreement covers premises of net * Depaitnent of Labor, Washington, D.C. 2021**, for
in excess of 6,500 square feet and involves construction approval. The contracting oflicer will approve an addilional
interior space classification and wage rate and fringe benefits therefor only *
work over S2.OOO.OO.
a. Minimum Wages a) The work to be peror'med by the classification requested is
not performed by a classification in the wa*eiermination;
1. All mechanics and laborers er,noloyed in the contract work other b) The classifcaion is utilized in the area by the construction
than maintenance work of a recurring. routine nature necessary to
keep the buiiding or space in condition to be continuously used at an industry; and
established capaclty and eflidency for its intended purpose) must be c) The Preee- wage rate, including any bona fide fringe
paid unconditionally, and net less than once a week, without benefits, bears a reasoriable relationship to the wage rates
deduction or rebate except for deductions permitted by the contained in the wage determination.
Copeland Regulations 29 CFR Part 3)), the amounts due at the time
of payment computed at rates not less than the aggregate of the 6. If the Lessor, the laborers or mechanics to be ernpioyed in the
basic hourly rates and rates of payments. contributions, or coate for classification or their representatives, and the contracting offloer do
any fringe benefits contained in the wage'letermination decision of net agr'ee on the Pnreesed classification and wage rate and fringe
the Secretary of Labor, attached hereto, regardless of any benefits therefor, the contracting officer must submit the question**
contractual relationship alleged to exist between the Lessor, or together with the views of the inter'ested parties and the *tractin*
subcontractor and these laborers and mechanic:. A copy of the officers recomrnendation, to the Wage and Hour Administrator fo
wag*etermination decision must be kept posted by the Lessor at final detennination. The Administrator or authorized repnesentativE
the site of the work in a prominent place where it can easily be*seen will, within 30 days of receipi, approve. modify, or disapprove every
by the workers. proposetl additional clauificaDn action. or isaue a final
determination if the pailees disagiw, and so advise the contracting
oflocer or advise that additional time is necesaary. The final
*ETERMSS t*. luel A-7
BIB]
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ADMIN-U01
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96-U02
68-U02
^L *i*AEf STATES General Conditions to USPS Lease
SERWCE.
approved wage rate and fringe benefits if appropriate) must be paid 2. For violations of subparagraph c.1 above. the Lessor is liable for
to all workers performing work in the classifcatjon under the contract liquidated damages, which will be computed for each laborer or
from the first day work is performed in the classification. The Lessor mechanic at $10 for each day on which the employee was required
will post a copy of the final determination of the conformance action or permitted to work in violation of subparagraph c.1 above.
with the wag*etermination determination at the site of the work.
he Department of Labor information collection and reporting 3. The contracting officer may withhold from the Lessor sums as
requirements contained in subparagraph a.5 above and in this may administratively be determined necessary to satisfy any
subparagraph a.6 have been approved by the Office of Management liabilities of the Lessor for unpaid wages and liquidated damages
and Budget under 0MB control number 12150140.) pursuant to subparagraph c.2 above.
b. Apprentices and Trainees d. Payroll and Other Records
1. Apprentices may be permitted to work only when a) registered, 1. For all laborers and mechanics employed in the work covered by
individually. under a bona fide apprenticeship program registered this clause, the Lessor must maintain payrolls and related basic
with a State apprenticeship agency recognized by the Bureau of records and preserve thern for a period of three years after oontract
Apprenticeship and Training, U.S. Department of Labor, or, if no oornplebon. The records must oontain the name, address, and
such recognized agency exists in a State. under a program social security number of each employee. the err*loyee's correct
registered with the Bureau of Apprenticeship and Training. or b) if classification, rate of pay including rates of contributions for, or
not individually registered in the program, cerwied by the Bureau of costs assumed to provide, fringe benefits), the daily and weekly
Apprenticeship and Training or State agenoy as appropriate) to be number of hours worked, deductions made, and actual wages paid.
eligible to work only if individually registered in a program approved Whenever the Lessor has obtained approval from the Secretary of
by the Employment and Training Administration, U.S. Department of Labor to assume a commitment to bear the cost of fringe benefits
Labor. under subparagraph a.4 above, the Lessor must maintain redords
showing the commitment and its approval, confnunioaton of the
2. The ratio of apprentices to journeymen or trainees lo*Fjoureymen plan or program to the employees affected, and the oosts anticipated
in any craft classification must not be greater than that permitted for or incurred under the plan or program. Lessors ernploying
the Lesso*s entire work force under the registered apprenticeship or apprentices or trainees under approved programs must maintain
trainee program. Apprentices and trainees must be paid at least the written evidence of the registration of apprenticeship programs and
applicable w* rates and fringe benefits s-ied in the approved certification of trainee programs, the registration of the apprentioes
apprenticeship or trainee program for the particular apprentice's or and trainees, and the ratios and wage rates prescribed in the
trainee's level of progress, expressed as a penoentage of the applicable programs.
joumeyman hourly rate s-led in the applicable wage
determination. If the apprenticeship or trainee program does not 2. The Lessor must sulrrnit weekly, for cech week in which any
specify fringe benefits, apprentices or trainees must be paid in the work covered by this clause is performed, a copy of all payrolls to
full amount of fringe benefits listed on the wagedetermination for the the contracting officer. The Lessor is responsible for the submission
applicable classification unless the Administrator of Wage and Hour of copies of payrolls of all subcontractors. The copy must be
Division determines that a different practice prevails. Any employee acoompanied by a statement signed by the Lessor indicating that the
listed on a payroll at an apprentice or trainee wage rate not payrolls are corcect and complete, that the wage retea contained in
registered, or performing work on the job site in excess of the ratio thern are not less than those determined by the Secretary of Labor,
permitted under the registered program, must be paid the wage rate and that the classifications set forth for each laborer or mechanic
on the wage determination for the classification of work actually conform with the work the laborer or mechanic performed.
performed. Submission of the Weekly Slatereent of Compuance see 29 CFR
5.5(a)(3)(il)) required under this agreenent satisfies this requinement.
3. If the Bureau of Apprenticeship and Training or State agency As required by this claisse, the Lessor must submit a copy of any
recognized by the Bureau as appropriate) witlidraws approval of an approval by the Secretary of Labor. The Department of Labor
apprenticeship program, or if the Employment and Training information collec*liori and reporting requirunents in this
AdminiStration withdraws approval of a trainee program, the subparagraph d.2 have been approved by the Ofooe of Management
contractor will no logger be permitted to utilize apprentices or and Budget under 0MB control numbers 121 *140 and 121*17.)
trainees as appropriate) at less than the applicable predetermined
rate for the work performed until an acoeptable program is approved. 3. The Lessors records required under this clause must be
See 29 CFR 5.16 fOr special provisions that apply to training plans available for inspection by authorized representatives of the
appnoved or recognized by the Department of Labor prior to August coritracting ofllcer and the Department of Labor. ar* Iha Lessor
*. 1975.) must permit the representative to interview empoy- during
working hours on the job.
4. The utilization of apprentices, trainees, and journeymen must be
in conformity with the equal employment opportunity requirereents of 4. The Lessor must comply with the Copeland *egulations of the
Executive Order 11246, as amended, and 29 CFR Part 30. Secretary of Labor 29 CFR Part 3), which are hereby incorpomiad
in this contract by referenoe.
c. Overtime Compensation may withhold from the
C. Withholding of Funds. The contracting *cer
1. The Lessor may not require or permit any laborer or mechanic Lessor under this or any other contract with the ler so much of the
employed on any work under this contract to work more than 40 accrued payments or advances as is coresidered resoessary tO pay all
hours in any workweek on work subject to the provisions of the laborers and mechanics the full amount of wages required by this
Contract Work Hours and Safety Standards Act 40 U.S.C. 327-333), contract or any other contract subject to the Davis*acon prevailing
unless the laborer or mechanic reoeivee compensation at a rate not wage reauirerr*nts that is held by the Lessor.
less than oneand*n*haf times the laborers or rcechani*s basic
rate of pay for all such hours worked in excess of 40 hours.
RETERMSSIJWLIINI
BIB]
08-25-1998-U01
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ADMIN-U01
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96-U02
68-U02
^L *UNITED STATES General Conditions to USPS Lease
*POSTAL SERVICE
f Subcontracts
1. If the Lessor or any subcontmctor fails to pay any labQrer or
mechanic employed on the Site of the work any of the wages
required by the contract, the contmcting officer may, after written
notice to the Lessor, suspend further payments or advances to the
Lessor until violations have ceased.
A.28 BANKRUPTCY
In the event the lessor entens into prooeedings relating to bankruptcy,
whether voluntary or involuntary, the assor will furnish, by certified mail,
written notification of the bankruptcy to the oontmcting officer responsible
for administering the contmCL The notification must be fumished within
five days of the initiation of the bankruptcy proceedings. The notification
must include the date on which the bankruptcy petition was flied, the
court in which the petition was flied, and a list of Postal Service contracts
and contracting officers for all Postal Service contracts for which final
payment has not yet been made. This obligation remains in eflcct until
final payment under this contract.
RETERMSS * ii..) A-9
BIB]
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11:53:58AM-U01
ADMIN-U01
CCRES-U02
96-U02
68-U02