HomeMy WebLinkAboutCC AG PKT 2008-11-10 #RAGENDA STAFF REPORT
DATE: November 10, 2008
TO• Honorable Mayor and City Council
THRU; David Carmany, City Manager
FROM. Jill R. Ingram, Assistant to the City Manager
SUBJECT: APPROVAL OF LEASE AGREEMENT -GOLDEN RAIN
FOUNDATION
SUMMARY OF REQUEST:
The City Council is requested to adopt Resolution No. 5813 authorizing the City
Manager to execute a lease agreement with the Golden Rain Foundation to allow
the City of Seal Beach to operate a temporary fire station on the Golden Rain
Foundation premises.
BACKGROUND:
On April 21, 2008, the City Council authorized staff to proceed with plans to
replace Fire Station No. 48, which is a 40-year old City-owned fire station located
at 3131 Beverly Manor Road, Seal Beach. Staff has been working with an
architect and Orange County Fire Authority (OCFA) staff to develop and finalize
plans and specifications needed for the reconstruction of the station, and staff will
be seeking the approval of the City Council to approve the plans and
specifications and solicit bids.
During the course of construction, Fire Station 48 staff will need to operate from a
temporary facility to continue to provide fire protection, emergency medical and
rescue services to the community. The Golden Rain Foundation is made up of
Leisure World residents who appreciate having reliable and prompt emergency
services within close proximity, and therefore, it is in the best interest of the City
and the Golden Rain Foundation to approve a lease agreement.
The Golden Rain Foundation is currently in the process of considering the
attached lease agreement to allow the operation of a temporary fire station on
the Leisure World Seal Beach premises, specifically the Leisure World Visitor RV
parking lot. The terms of an acceptable lease agreement between the City and
the Golden Rain Foundation are being negotiated, the Cdy Attorney has
reviewed and approved as to form, and the agreement is hereby attached for
Agenda Item R
Page 2
your consideration. The lease terms will be effective until December 31, 2010,
for a period of two years for a total sum of $2.00 ($1.00 per year).
FINANCIAL IMPACT:
The City will be required to pay a nominal base rent to the Golden Rain
Foundation and costs of site improvements, utilities, etc.
RECOMMENDATION:
Staff recommendation is that the City Council adopt Resolution No. 5813
authorizing the City Manager to execute a lease agreement with the Golden Rain
Foundation to allow the City of Seal Beach to operate a temporary fire station on
the Golden Rain Foundation premises.
SUBMITTED BY:
II .Ingram,
istant to the City anager
NOTED AND APPROVED:
c~-a~-7,
David Carman ,City Manager
Attachments:
A Lease Agreement between City of Seal Beach and Golden Rain Foundation
B Resolution No 5813
RESOLUTION NUMBER 5813
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL
BEACH, CALIFORNIA AUTHORIZING THE CITY MANAGER TO
EXECUTE A LEASE AGREEMENT WITH THE GOLDEN RAIN
FOUNDATION
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE.
SECTION 1 The City Council hereby approves a Lease Agreement between the
City of Seal Beach and the Golden Ram Foundation.
SECTION 2. The City Council hereby authonzes the City Manager to execute
the Lease Agreement
PASSED, APPROVED AND ADOPTED by the City Council of Seal Beach, at a
meeting hereof held on the 10th day of November , 2008 by the
following vote
AYES COUNCILMEMBERS
NOES COUNCILMEMBERS
ABSENT COUNCILMEMBERS
ABSTAIN COUNCILMEMBERS
Mayor
ATTEST
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of Seal Beach, California, do hereby certify that the
foregoing resolution is the ongmal copy of Resolution Number 5813 on fde in
the office of the City Clerk, passed, approved, and adopted by the City Councl of
the City of Seal Beach, at a regular meeting thereof held on the 10th day
of November , 2008
City Clerk
LEASE AGREEMENT
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
Golden Rain Foundation
P.O. Box 2069
Seal Beach, CA 90740-1069
(562)431-6586
This Lease Agreement ("Lease") is made as of November 10, 2008 (the °Effective
Date") by and between the City of Seal Beach, a California municipal corporation
("City"), and the Golden Ram Foundation, a California Corporation ("GRF"), (collectively
"the Parties").
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RECITALS
A. Pursuant to a joint powers authority agreement, City is a member of the
Orange County Fire Authority, which provides fire protection, emergency medical, and
rescue services (collectively "Fire Services") to the community, including the residents
of Leisure World, from aCity-owned fire station located at 3131 Beverly Manor Road.
B. City plans to replace its existing fire station with a new facility and
therefore requires a site to install temporary facilities for interim Fire Services.
C. GRF, of which the residents of Leisure World are shareholders, owns
certain premises commonly described as the Leisure World visitor RV parking lot (the
"Premises"), as depicted on Exhibit A, which is hereby incorporated herein by this
reference
D. By allowing City to use the Premises for temporary fire facilities, GRF
would make a substantial contribution to City's construction of a new fire station.
E. GRF wishes to lease the Premises to the City for temporary fire facilities.
In consideration of the mutual covenants, conditions and agreements contained
herein, City and GRF agree as follows:
Section 1. Lease
1.1 GRF does hereby demise and lease the Premises to City, and City does
hereby lease the Premises from GRF, upon and subject to the following terms and
conditions
1.2 City may install temporary fire facilities on the Premises, and use the
Premises for Fire Services and official City actiwties and business.
1.3 City shall not damage the Premises.
1.4 GRF may, within its sole discretion terminate this Lease and retake
possession of the Premises without further notice to City if City uses the Premises
contrary to the terms of this Lease without GRF's prior written consent.
1.5 GRF shall not be obligated to prowde, nor shall City have any right to use,
any parking for City in Leisure World outside of the Premises.
1.6 Whenever this Lease regwres GRF's prior consent or approval, GRF may
reasonably withhold such consent in each case.
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Revised - t 1-04-08
Section 2. Rent
2.1 Rent. City shall pay to GRF for the rights granted hereunder the sum of
one dollar ($1.00) per year, for a total sum of two dollars ($2.00) to be paid upon the
execution of this Lease.
2.2 Utilities. City shall pay for all gas, electricity, water, sewer and other public
utility services supplied to the Premises during the term of this lease as such charge
become due and payable.
2.3 Motorizing North Gate. City shall pay all costs for motorizing the north
gate, shown on Exhibit B.
2.4 Taxes and Assessments. GRF shall pay or cause to be paid, before
delinquency, any and all taxes, assessments, license fees and public charges levied,
assessed or imposed or which may become payable during the term hereof upon the
Premises, including, but not limited to, possessory interest taxes and other impositions,
general or special, ordinary or extraordinary, of every kind or nature, which may be
levied, assessed or imposed upon or with respect to the Premises, any part thereof, and
any transfer or conveyance tax arising out of this Lease.
Section 3. Term
3.1 Two Year Term. The term of this Lease shall begin on the Effective Date
of this Lease and extend until December 31, 2010.
3 2 Extensions. The Parties may extend the term of this Lease.
Section 4. Relationship of the Parties
4.1 Lessor-Lessee. The only relationship created by this Lease is of that of
lessor and lessee.
Section 5. Use of Premises
5.1 Maintenance of Premises. City shall maintain the premises m a good,
safe, neat, and sanitary condition to the satisfaction of the GRF.
5.2 No Waste or Nuisance. City shall not commit any waste or any public or
private nwsance upon the Premises.
5.3 Legal Compliance. City shall not wolate any federal, state or local law that
may be applicable to use of the Premises.
5.4 Vacating Premises. On or before the effective date of termination of this
Lease, City shall vacate the Premises, remove all of City's property from the Premises,
and leave the Premises in good order and repair, subject to the satisfaction of GRF. At
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Revised - 11-04-08
GRF's request, City shall restore the Premises to a condition comparable to its condition
as of November 9, 2008.
Section 6. Indemnity
City shall indemnify, defend and hold harmless GRF from and against any and all
demands, debts, liens, claims, losses, damages, liability, costs, expenses, judgments or
obligations for or in connection to any injury, damage, or loss (including, but not limited
to death, personal injury or property damage) sustained or claimed to have been
sustained by any person or persons, or corporation, or public or private entity ansing out
of the leasing of the Premises by City. The provisions of this indemnification clause
shall survive the termination of this Lease
Section 7. Risk Management
7.1 City shall follow the principles of a sound risk management program.
Whenever possible, unreasonable risks shall be avoided.
7.2 City is a member of the California Joint Powers Insurance Authority
("CJPIA"). The CJPIA has issued a Memorandum of Coverage that provides to the City
liability protection coverage ("Coverage"). City, at its own expense, shall maintain in
effect at all times during the term of this Lease, all Coverage related to every aspect of
its use of the Premises. City shall provide proof of Coverage to GRF before the
commencement of the term.
7.3 City shall not commit any acts on the Premises, nor use the Premises in
any manner that will cause the cancellation of Coverage insuring the Premises.
Section 8. Notices
8.1 All notices and demands that may be required or permitted by this Lease
must be made in writing. All notices and demands must be sent by national overnight
delivery service (e.g ,Federal Express) or certified U.S. mad, return receipt requested,
to the addresses specified below, or to any other place that the respective party may
from time to time designate in a notice to the other.
City. City Manager
City of Seal Beach
211 8th Street
Seal Beach, CA 90740
GRF: President
Golden Rain Foundation
P.O. Box 2069
Seal Beach CA 90740-1069
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Revised - 11-04-OS
Section 9. Miscellaneous
9.1 Entire Agreement. This Lease contains the entire agreement between the
Parties with respect to the subject matter hereof, and any other prior agreement or
purported agreement made shall be ineffective to change, modify, discharge or effect an
abandonment of this Lease in whole or in part unless such purported agreement is in
writing and signed by the party against whom enforcement is sought.
9.2 Applicable Law. This Lease shall be governed and interpreted in
accordance with the laws of the State of California.
9.3 Counterparts. This Lease may be executed in multiple counterparts each
of which shall be deemed an original for all purposes.
9 4 No Third Party Rights. No third party shall be deemed to have any rights
hereunder against either party as a result of this Lease,
9.5 Waiver. No waver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver,
benefit, privilege, or service voluntarily given or performed by a party shall give the other
party any contractual rights by custom, estoppel, or otherwise.
9.6 Attorneys' Fees. If either party commences any legal action to enforce or
interpret the terms of this Lease, the prevailing party in such litigation shall be entitled to
recover from the losing party reasonable attorney's fees and other costs incurred in
connection with such action.
9.7 Corporate Authority. The persons executing this Lease warrant that they
are duly authorized to execute this Lease on behalf of their respective party and that by
doing so, the Parties are formally bound to the provision of this Lease.
9.8 Lease Binding on Successors and Assigns. This Lease shall extend to
and be binding on and inure to the benefit of GRF, City, and their respective successors
and assigns
9.9 Construction of Lease. This Lease shall not be construed for or against
either party, but shall be construed in accordance with the fair meaning of the language
used in this Lease. The captions iri this Lease are for convenience only and shall not
be considered or referred to in resolving questions of construction.
(Intentionally Left Blank)
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Revised - 11-04-OS
IN WITNESS WHEREOF, the parties have executed this Lease as of the date
first written above
City of Seal Beach
By:
David Carmany,
City Manager
Attest:
By
Linda Devine, City Clerk
Approved as to Form:
By:
Quinn Barrow, City Attorney
Golden Rain Foundation
Secretary
Golden Rain Foundation
President
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Revised - 11-04-08
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