HomeMy WebLinkAboutAGMT - Orange County (Lease for Comm System)0
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GA 1239 -40
GSA /Communications - 800 MHO
911 Seal Beach Blvd
Seal Beach
LEASE
THIS IS A LEASE, made S�. ) ) , 199 by and between THE CITY OF
SEAL BEACH, a Municipal Corporati n, hereinafter referred to as "LESSOR," and THE
COUNTY OF ORANGE, hereinafter referred to as "COUNTY," without regard to number and
gender.
1. PREMISES (1.2 S)
LESSOR leases to COUNTY that certain property hereinafter referred to as "Premises,"
described in "Exhibit A" and shown on "Exhibit B," which exhibits are attached hereto
and by reference made a part hereof.
2. TERM (2.2 N)
The term of this Lease shall be fifty (50) years, commencing the first day of the first
full calendar month following the date of execution by COUNTY, or commencing the first
day of the first full calendar month following the completion by COUNTY of construction
of the facility, whichever comes later.
Parties agree that the commencement date of this Lease will be confirmed in writing by
either party upon demand by the other.
3. OPTION TO TERMINATE LEASE (2.4 N)
COUNTY shall have the option to terminate this Lease at any time after the first year
of the lease term upon giving LESSOR written notice at least thirty (30) days prior, to
said termination date.
4. RENT (3.1 N)
LESSOR agrees that the Lease of Premises shall be rent free for the duration of the
lease term.
5. ANTENNA TOWER AND EMERGENCY GENERATOR (N)
LESSOR and COUNTY agree the antenna tower and the emergency generator installed in the
Premises shall be considered as personal property of COUNTY, who shall have the right
to remove same.
6. ALTERATIONS (4.4 S)
COUNTY may make improvements and changes in the Premises, including but not limited to
the installation of fixtures, partitions, counters, shelving, and equipment as deemed
necessary. It is agreed that any such fixtures, partitions, counters, shelving, or
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equipment attached to or placed upon the Premises by COUNTY shall be considered as
personal property of COUNTY, who shall have the right to remove same. COUNTY agrees
that the Premises shall be left in as good condition as when received, reasonable wear
and tear excepted.
7. REPAIR AND MAINTENANCE (5.1 N)
COUNTY shall provide at its own cost and expense all repair, and maintenance to
Premises.
8. UTILITIES (5.2 N)
COUNTY shall be responsible for and pay, prior to the delinquency date, all charges for
utilities supplied to the Premises.
9. LIABILITY (5.4 S)
LESSOR and COUNTY each agree to assume sole responsibility to defend against any and
all claims for injuries to persons or damage to property which may arise, in whole or
in part, from the imposition of legal liability for the acts, omissions and conduct of
the LESSOR on the one hand or COUNTY on the other, and specifically agree that neither
LESSOR nor COUNTY shall be obligated to defend or indemnify the other for claims which
create potential legal liability arising out of the acts, omissions or conduct of the
other party to this Lease.
10. TAXES AND ASSESSMENTS (5.6 N)
All taxes and assessments which become due and payable upon the Premises shall be t:he
full responsibility of LESSOR, and LESSOR shall cause said taxes and assessments to be
paid prior to the due date.
11. SUBLEASE (6.2 S)
COUNTY shall not sublet all or any part of the Premises without thirty (30) days prior
written consent of LESSOR, which consent shall not be unreasonably withheld. Consent
by LESSOR to any sublease shall not relieve COUNTY from obtaining written consent to
any subsequent sublease.
In the event COUNTY desires to sublet this Lease, COUNTY shall deliver all documents
relating to subletting to LESSOR and LESSOR shall have a right of first refusal within
fifteen (15) days after receipt of all documents relating to such subletting to accept
such sublease on the same terms as those proposed.
12. SURRENDER AT EXPIRATION (6.7 S)
Upon termination of this Lease, whether caused by lapse of time or otherwise, COUNTY
shall at once surrender possession of the Premises and deliver all keys to the Premises
to LESSOR.
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13. NOTICES (9.1 S)
All written notices pursuant to this Lease shall be addressed as set forth below or as
either party may hereafter designate by written notice and shall be deemed delivered
upon personal delivery, delivery by facsimile machine, or 72 hours after deposit in the
United States Mail.
TO: LESSOR TO: COUNTY
City of Seal Beach COUNTY OF ORANGE
211 Eighth Street GSA /REAL ESTATE
Seal Beach, California 90740 14 CIVIC CENTER PLAZA, 3rd FLOOR
SANTA ANA, CA 92701
and
County of Orange
GSA /Communications
840 N. Eckhoff Street, Suite 104
Orange, California 92668 -1021
14. ATTACHMENTS (9.2 S)
This Lease includes the following Exhibits which are attached hereto and made a part
hereof:
I. GENERAL CONDITIONS
II. EXHIBITS
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A. Description - Premises
B. Plot Plan - Premises
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L
IN WITNESS WHEREOF, the parties have executed this agreement the day and year first
above written.
APPROVED AS TO FORM:
County Counsel
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GVera'4' Services Agency
Real Estate
By� n / 61
LReal Property Agent
lof Orange County, California
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LESSOR
By :
Ti e:
COUNTY
COUNTY OF ORANGE
By:
Charles W. West
Director of Real Estate
General Services Agency
pursuant to Ordinance 3879
-4-
LICENSE DESCRIPTION
Project No: GA 1239 -40
Project: GSA /Communications - 800 MHz
Date: August 25, 1995
Written by: I RGW
All the premises shown crosshatched on a plot plan marked Exhibit
"B ", attached hereto and made a part hereof, being a portion of the
parking lot associated with that certain building at 911 Seal Beach
Boulevard, in the City of Seal Beach, County of Orange, State of
California, per map recorded in book 43, page 16 of Parcel Maps in
the office of the County Recorder of the County of Orange shown on
Exhibit B.
NOT TO BE RECORDED
EXHIBIT A
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GSA /Communications -
911 Seal Beach Blvd
Seal Beach
1239 -40
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EXHIBIT B 1�.:
Heem� COUNTY OF ORANGE
GSA/REAL ESTATE
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GENERAL CONDITIONS (N)
1. LEASE ORGANIZATION (10.1 S)
The various headings in this Lease, the numbers thereof, and the organization of the
Lease into separate sections and paragraphs are for purposes of convenience only and
shall not be considered otherwise.
2. INSPECTION (10.2 S)
LESSOR or his authorized representative shall have the right at all reasonable times to
inspect the Premises to determine if the provisions of this Lease are being complied
with.
3. SUCCESSORS IN INTEREST (10.3 S)
Unless otherwise provided in this Lease, the terms, covenants, and conditions contained
herein shall apply to and bind the heirs, successors, executors, administrators, and
assigns of all the parties hereto, all of whom shall be jointly and severally liable
hereunder.
4. DESTRUCTION OF OR DAMAGE TO PREMISES (10.4 N)
In the event of:
A. Partial destruction of or damage to Premises which destruction is caused by
LESSOR and /or LESSOR's agents, employees, or representatives; or
B. The Premises being declared unsafe or unfit for occupancy by any public
authority authorized to make such declaration, which declaration is the result of
damage and /or destruction caused by LESSOR and /or LESSOR's agents, employees, or
representatives;
LESSOR shall immediately make repairs as are necessary to restore the Premises to the
condition which existed prior to such destruction or damage and /or make repairs as are
necessary to make the Premises safe and fit for use. The destruction (including any
destruction necessary in order to make repairs required by any declaration), damage or
declaration shall in no way render this Lease null and void.
5. AMENDMENT (10.5 S)
This Lease sets forth the entire agreement between LESSOR and COUNTY and any
modification must be in the form of a written amendment.
6. PARTIAL INVALIDITY (10.6 S)
If any term, covenant, condition, or provision of this Lease is held by a court of
competent jurisdiction to be invalid, void, or unenforceable, the remainder of the
provisions hereof shall remain in full force and effect and shall in no way be
affected, impaired, or invalidated thereby.
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7. CIRCUMSTANCES WHICH EXCUSE PERFORMANCE (10.7 S)
If either party hereto shall be delayed or prevented from the performance of any act
required hereunder by reason of acts of God, performance of such act shall be excused
for the period of the delay; and the period for the performance of any such act shall
be extended for a period equivalent to the period of such delay. Financial inability
shall not be considered a circumstance excusing performance under this Lease.
8. STATE AUDIT (10.8 N)
Pursuant to and in accordance with Section 10532 of the California Government Code, in
the event that this Lease involves expenditures and /or potential expenditures of State
funds aggregating in excess of Ten Thousand Dollars ($10,000), LESSOR shall be subject
to the examination and audit of the Auditor General of the State of California for a
period of three years after final payment by COUNTY to LESSOR under this Lease. The
examination and audit shall be confined to those matters connected with the performance
of the contract, including, but not limited to, the costs of administering the
contract. However, no funds shall be exchanged between LESSOR and COUNTY during the
term of this Lease.
9. WAIVER OF RIGHTS (10.9 S)
The failure of LESSOR or COUNTY to insist upon strict performance of any of the terms,
conditions, and covenants in this Lease shall not be deemed a waiver of any right or
remedy that LESSOR or COUNTY may have, and shall not be deemed a waiver of any right or
remedy for a subsequent breach or default of the terms, conditions, and covenants
herein contained.
10. HOLDING OVER (10.10 S)
In the event COUNTY shall continue in possession of the Premises after the term of this
Lease, such possession shall not be considered a renewal of this Lease but a tenancy
from month to month and shall be governed by the conditions and covenants contained in
this Lease.
11. HAZARDOUS MATERIALS (10.11 N)
To the best of LESSOR's knowledge, the Premises are free and clear of all hazardous
materials and /or substances.
12. DEFINITION OF COUNTY (10.13 S)
The term "COUNTY" shall mean the Board of Supervisors of the political body that
executed this agreement or its authorized representative.
13. QUIET ENJOYMENT (10.14 N)
LESSOR agrees that, subject to the terms, covenants and conditions of this Lease,
COUNTY may, upon observing and complying with all terms, covenants and conditions of
this Lease, peaceably and quietly use the Premises.
14. TIME (10.16 S)
Time is of the essence of this Lease.
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