Sec. 122.413. - Leases to City.

(a) Lease. "Lease" means an interest in land designated by a contract creating a landlord-tenant relationship by which the City is granted the exclusive use, possession, and control of certain specified lands, for a determinate number of years, with conditions attached. (b) Leases for acquiring agencies. When no suitable City-owned space meets an acquiring agency's needs as determined under the provisions of Section 108.407 , and the agency has an appropriation for the purpose, the Real Estate Division may assist the acquiring agency in negotiating for leased space to accommodate the agency's needs. The Real Estate Division need only investigate into the quality of title to the extent necessary to assure the lessor has authority to lease the property and there are no apparent adverse effects on purposes for which the property is being leased. (c) Terms of leases. Leases entered into by the Real Estate Division shall not have a term greater than one year, with one one-year renewal option. No lease approved by the Real Estate Division shall contain an open rate, including CPI or open rental escalation clause. The rental rate shall be at or below the market rates for comparable leases. Every lease shall include a right to terminate if appropriate City-owned property becomes available, and shall be subject to an annual appropriation. Each lease shall contain the indemnity and insurance provisions required by the City's Risk Management Division. (d) Limited authority to modify Council-approved leases. For leases approved by City Council, the Real Estate Division may modify the square footage if the modification is on the same terms and conditions as approved by City Council. Lease extensions and renewals in the original lease approved by City Council may be executed by the Real Estate Division without further Council approval. (e) Emergency relocations. All or a portion of a public building may be closed for limited emergencies pursuant to the provisions of Section 122.107 . If a closure is ordered by the authorized official and adequate alternative work locations are not available within another public building, the official may request the Mayor or the Mayor's designee, to negotiate and enter into an emergency short-term lease agreement under such terms and conditions as determined by the Mayor, to lease alternate work space for the period of time necessary to correct the emergency condition. The chief administrative official of an independent agency may lease alternative work space as provided by this provision without the Mayor's assistance, if the respective governing board of the independent agency approves this procedure. (Ord. 2018-871-E , § 2)