HomeMy WebLinkAboutAGMT - Orange County (Mary Wilson Library) •
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Seal Beach /Mary,.Wilson
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LEASE •
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THIS IS A LEASE, hereinafter referred to as "Lease," made 2001, by and
6 between the CITY OF SEAL BEACH, a public body, corporate and politic, hereinafter referred to as
"CITY ", and the COUNTY OF ORANGE, hereinafter referred to as "COUNTY," without regard to
number and gender. The term "COUNTY" shall mean the Board of Supervisors of the political body
g that executed this agreement or its authorized representative.
9 1. DEFINITIONS (1.2 N)
10 "Board of Supervisors" means the Board of Supervisors of the County of Orange, a political
11 subdivision of the State of California
12 "Manager of CEO /Real Estate" means the Manager, County Executive Office, Real Estate, County of
Orange, or designee or upon written notice to CITY, such other person or entity as shall be designated
13 by the Director of CEO /Purchasing and Real Estate.
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14 "County Librarian" means the County Librarian of the Orange County Public Library, County of
• 15 Orange, or designee, or upon written notice to CITY, such other person or entity as shall be designated
by the County Executive Officer or the Board of Supervisors.
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"County Counsel" means the County Counsel, 'County of Orange, or designee, or upon written notice
17 to CITY, such other person or entity as shall be designated by the County Executive Officer or the
18 Board of Supervisors.
19 "CEO /Real Estate" means the County Executive Office, Real Estate for the County of Orange, or upon
written notice to CITY, such entity as shall be designated by the County Executive Officer or the .
20 Board of Supervisors.
21 "CITY" means the City of Seal Beach, a public body, corporate and politic.
22 2. PREMISES (1.3 S) - -
23
CITY. leases to COUNTY that certain property hereinafter referred to as "Premises," described in
24 "Exhibit A" and shown on "Exhibit B," which exhibits are attached hereto and by reference made a
part hereof, together with non - exclusive, in common use of CITY's elevators, stairways, washrooms,
25 hallways, driveways for vehicle ingress and egress, pedestrian walkways, other facilities and common
26 areas appurtenant to COUNTY's Premises created by this Lease.
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SB /Mary Wilson .. . . Page 1 of 11 .
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1 3. PARKING (1.4 N)
2 CITY, throughout the term of this Lease, shall provide an adequate number of parking spaces for
3 COUNTY's free and exclusive use related solely to the use of the Premises.
4 In addition to said parking spaces, CITY shall also provide parking for disabled persons in accordance
with the Americans with Disabilities Act, Section 7102 of the California Uniform Building Code and
5 the applicable codes and /or ordinances relating to parking for disabled persons as established by the
local jurisdiction in which the Premises is located where the provisions of such local codes and /or
6 ordinances exceed or supersede the State requirements.
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4. TERMINATION OF PRIOR AGREEMENTS (1.5. S)
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It is mutually agreed that this Lease shall terminate and supersede any prior agreement between the
9 parties hereto covering all or any portion of the Premises, EXCEPT that all personal property and /or
equipment (e.g., fixtures, partitions, counters, shelving) attached to and /or placed upon any portion of
10 the Premises by COUNTY pursuant to the terms of any prior agreement between the parties hereto
11 shall remain the personal property of COUNTY, who shall have the right to remove same.
12 5. USE (2.1 N)
13 COUNTY shall use the Premises for the purpose of operating a public library.
14 6. TERM (2.2A S) .
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The term of this Lease shall be twenty (20) years, commencing the first day of the first full calendar
16 month following the date of execution by COUNTY.
17 Parties agree that the commencement date of this Lease will be continued in writing by either party
18 upon demand by the other.
19 7. OPTION TO EXTEND TERM (2.3 S)
20 COUNTY shall have the option to extend the teiiii of this Lease for two additional period(s) of five (5)
years on the same terms and conditions. Notification of said exercise of option shall be done in writing
21 at least one hundred and eighty (180) days prior to the lease tennination date.
22 8. OPTION TO TERMINATE LEASE (2.4B N)
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The . parties shall have the right to terminate this Lease anytime after the first year of the lease term
24 upon giving the other party written notice at least one hundred and eighty (180) days prior to said
termination date.
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26 If the City of Seal Beach chooses to withdraw from the Orange County Public Library system, CITY
shall notify COUNTY prior to withdrawal from the Orange County Public Library system, consistent
27 with provisions of the California Education Code Section 19104, Government Code Section 54000 and
Orange County Board of Supervisors Resolution No. 96 -903. COUNTY shall then have one hundred
28 and eighty (180) days from the date of notification to vacate the Premises and this Lease shall be
terminated effective upon execution of the withdrawal.
SB /Mary Wilson Page 2 of 11
12/31/01
9. CONSIDERATION (3.1 N)
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3 In consideration of the free library services provided by COUNTY, COUNTY's use of the Premises
shall be rent free throughout the term of this Lease and any extension or renewal thereof.
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10. PAINTING BY CITY (4.2 N)
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Within sixty (60) days after commencement of the first and eleventh years of the lease term, and in the
6 twenty -first year if the term of this Lease is extended as provided for in the clause in this Lease entitled
(OPTION TO EXTEND TERM), CITY shall repaint, at CITY's sole expense, all painted surfaces
within the Premises. Said painting shall be accomplished during hours other than COUNTY's normal
s business hours. CITY shall be responsible for the movement and subsequent replacement of all
furniture, window coverings, and fixtures necessary to repaint the Premises. Said paint shall be of a
9 kind and quality of'Dunn- Edwards semi -gloss paint or acceptable equivalent approved by County
Librarian.
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11 . At COUNTY's sole option, COUNTY may elect to defer said repainting. Said deferral shall not
release CITY from the obligation to repaint. Should COUNTY elect to defer said repainting, the
- 12 County Librarian, or designee, at least thirty (30) days prior to the scheduled repainting date, shall
notify CITY, in writing, of COUNTY's decision to defer said repainting. This notice shall include the
13 date COUNTY wishes the repainting to take place.
14 Should CITY fail to comply with the provisions of this clause, COUNTY shall have the option to
15 complete said repainting and recover the cost thereof, including overhead, from the CITY.
16 11. CARPETING BY CITY (4.3 N)
17 Within sixty (60) days after commencement of the first and eleventh years of the lease term and in the
18 twenty -first year if the term of this Lease is extended as provided for in the clause in this Lease entitled
(OPTION TO EXTEND TERM), CITY shall recarpet, at CITY's sole expense, all carpeted surfaces
19 within the Premises. Said recarpeting shall be accomplished during hours other than COUNTY's
normal business hours. CITY shall be responsible for the movement and subsequent replacement of all
20 furniture and fixtures necessary to recarpet the Premises. Carpet shall be 100% continuous filament
nylon (Antron III or equivalent) with static control, yarn weight per square yard a minimum 26 ounce
21 level loop to minimum 35 ounce cut pile, 1/8" to 5/32" gauge, 9.5 to 10.5 stitches per inch and have
.150" to .290" pile height, and solution dyed. Carpet shall be direct glue down.
23 At COUNTY's sole option, COUNTY may elect to defer said recarpeting. Said deferral shall not
release CITY from the obligation to recarpet. Should COUNTY elect to defer said recarpeting, the
24 County Librarian, or designee, at least thirty (30) days prior to the scheduled recarpeting date, shall
notify CITY, in writing, of COUNTY's decision to defer said recarpeting. This notice shall include the
25 date COUNTY wishes the recarpeting to take place.
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Should CITY fail to comply with the provisions of this clause, COUNTY shall have the option to
27 complete said recarpeting and recover the cost thereof including overhead, from the CITY.
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SB /Mary. Wilson Page 3 of 11
12/31/01
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12. ALTERATIONS (4.4 S)
COUNTY may make improvements and changes in the Premises, including but not limited to the
3 installation of fixtures, partitions, counters, shelving, and equipment as deemed necessary or
4 appropriate. It is agreed that any such fixtures, partitions, counters, shelving, or equipment attached to
or placed upon the Premises by COUNTY shall be considered as personal property of COUNTY, who
5 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.
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7 13. REPAIR AND MAINTENANCE (5.1A S)
8 COUNTY shall provide, at its own cost and expense, all janitorial supplies and services to the
Premises, including the supplying of rest room expendables and replacement of light bulbs and
9 fluorescent tubes. COUNTY shall also provide, at its own cost and expense, the cleaning and
refinishing of interior surfaces and repair of all damage caused by COUNTY's patrons' misuse of the
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Premises.
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CITY shall provide, at its own cost and expense, all other repair and maintenance items, including, but
12 not limited to, maintenance of the HVAC system for Premises.
13 If CITY fails to provide satisfactory repair and maintenance (including fire extinguishers) to the
Premises, the County Librarian may notify CITY in writing; and if CITY does not instigate measures
14 to provide satisfactory service and /or to remedy the unsatisfactory conditions within a reasonable time
15 after COUNTY has placed such notice in the mail to CITY directed to the address shown for CITY in
the clause entitled NOTICES below, or has personally delivered such notice to CITY, COUNTY may
16 . provide the repair and maintenance necessary to remedy the unsatisfactory conditions and assure
satisfactory service or have others do so, and recover the cost thereof, including labor, materials, and
17 overhead from the CITY.
18 If CITY or its representative cannot be contacted by COUNTY for emergency repairs and /or services
19 the same day any emergency repairs and /or services are necessary to remedy the emergency condition,
or if CITY following such contact by COUNTY is unable to make the necessary repairs or provide the
20 necessary services, COUNTY may, at its option, have the necessary repairs made and /or provide
services to remedy the emergency condition, and recover the cost thereof, including labor, materials,
21 and overhead from the CITY.
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Should COUNTY be forced to shut down its operations within the Premises due to CITY's failure to
23 provide services required by this clause, CITY shall be responsible for the cost, to the COUNTY, of
such a shutdown. - l
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14. UTILITIES (5.2 N)
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26 COUNTY shall be responsible for and pay, prior to the delinquency date, all charges for utilities
supplied to the Premises, including gas, trash pick -up, electric, water, and sewer.
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15. INSURANCE (5.3 S)
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SB /Mary Wilson Page 4 of 11
12/31/01 •
1 Property /Fire Insurance: CITY shall obtain and keep in force during the term of this Lease a policy
or policies of property and fire insurance with extended coverage, covering the loss or damage to the
2 Premises to the full insurable value of the improvements located on the Premises (including the full
3 value of all improvements and fixtures owned by COUNTY) at least in the amount of the full
replacement cost thereof, and in no event less than the total amount required by any lender holding a
4 security interest, against all perils included within the classification of fire, extended coverage,
vandalism, malicious mischief, special extended perils ( "all risk" as such term is used in the insurance
5 industry, including earthquake and flood) and shall name the COUNTY as an additional insured.
6 Included in the policy or policies of property and fire insurance shall be a standard waiver of right of
subrogation against COUNTY by the insurance company issuing said policy or policies. CITY shall
provide COUNTY with evidence of compliance with these requirements.
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CITY's insurance (a) shall be in a form satisfactory to COUNTY and carried with a company (or
9 companies) acceptable to COUNTY and licensed to do business in the state of California, (b) shall
provide that such policies shall not be subject to material alteration or cancellation without at least
10 thirty (30) days prior written notice to COUNTY, and (c) shall be primary, and any insurance carried
11 by COUNTY shall be non- contributing. CITY's policy or policies, or duly executed certificates for
them shall be deposited with COUNTY prior to the Commencement Date of this Lease, and prior to
12 renewal of such policies. If CITY fails to procure and maintain the insurance required to be procured
by CITY under this Lease, COUNTY may, but shall not be required to, order such insurance and
13 recover the cost thereof plus any COUNTY administrative charges from the CITY.
14 Liability Insurance: CITY shall obtain and keep in force during the term of this Lease a policy or
15 policies of public liability insurance covering all injuries occurring within the building and the
Premises. The policy or policies evidencing such insurance shall name COUNTY as an additional
16 insured, shall provide that same may not be cancelled or amended without thirty (30) days prior written
notice to COUNTY, and shall provide for a combined coverage of bodily injury and property damage
17 in the amount of not less than One Million Dollars ($1,000,000). Such policy or policies shall be
18 issued by an insurance company licensed to do business in the State of California and in a form
acceptable to COUNTY. Prior to the Commencement Date of this Lease and upon renewal of such
19 policies, CITY shall submit to COUNTY suitable evidence that the foregoing policy or policies are in
effect.
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16. INDEMNIFICATION (5.5 S)
22 COUNTY shall defend, indemnify and save harmless CITY, its officers, agents, and employees, from
and against any and all claims, demands, losses, or liabilities of any kind or nature which CITY, its
23 officers, agents, and employees may sustain or incur or which may be imposed upon them for injury to
or death of persons, or damage to property as a result of, or arising out of, the sole negligence of
24 COUNTY, its officers, agents, employees, subtenants, invitees, or licensees, in connection with the
occupancy and use of the Premises by COUNTY.
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26 Likewise, CITY shall defend, indemnify and save harmless COUNTY, its officers, agents, and
employees from and against any and all claims, demands, losses, or liabilities of any kind or nature
27 which COUNTY, its officers, agents, and employees may sustain or incur or which may be imposed
upon them for injury to or death of persons, or damage to property as a result of, or arising out of, the
28 sole negligence of CITY, its officers, agents, employees, invitees, or licensees, in connection with the
ownership, maintenance, or use of the Premises.
SB /Mary Wilson Page 5 of 11
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17. TAX EXEMPTION.(5.6A N)
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3 It is mutually understood and agreed that this Lease is made in anticipation that the Premises will be
used_for a public library and as such will be exempt from real property taxes (but not from special
4 assessments and special assessment district levies) as provided for in Section 202 of the Revenue and
Taxation Code. It is also understood and agreed that it is CITY's responsibility to properly claim said
5 exemption through the Orange County Assessor's Office. If CITY has properly claimed said tax
exemption and the Premises fail to qualify for said tax exemption under the above- mentioned code
6 section, the CITY agrees to pay the real property taxes prior to delinquency, and the COUNTY. agrees
to reimburse the CITY for the amount of any such taxes, but not for any delinquent or other penalties
thereon.
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Any reimbursement made under the provisions as set forth above will not include payment of special
9 assessments and special assessment district levies.
10 18. BUILDING AND SAFETY REQUIREMENTS (5.7 S)
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During the full term of this Lease, CITY, at CITY's sole cost, agrees to maintain the Premises in
12 compliance with all applicable laws, rules, regulations, building codes, statutes, and orders as they are
applicable on the date of this Lease, and as they may be subsequently amended.
13
Included in this provision is compliance with the Americans with Disabilities Act (ADA) and all other
14 federal, state, and local codes, statutes, and orders relating to disabled access as they are applicable on
15 the dates of this Lease, and as they may be subsequently amended.
16 CITY further agrees to maintain the Premises as a "safe place of employment," as defined in the
California Occupational Safety and Health Act (California Labor Code, Division 5, Part 1, Chapter 3,
17 beginning with Section 6400) and the Federal Occupational Safety and Health Act, where the
18 provisions of such Act exceed; or supersede, the California Act, as the provisions of such Act are
applicable on the date of this Lease, and as they May be subsequently amended.
19
In the event CITY neglects, fails, or refuses to maintain said Premises as aforesaid, COUNTY may,
20 notwithstanding any other termination provisions contained herein:
21 a. Terminate this Lease immediately; or
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b. At COUNTY's sole option, cure any such default by performance of any act, including
23 payment of money, and recover the cost thereof plus reasonable administrative costs from
the CITY.
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19. TOXIC MATERIALS (5.9 S)
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26 COUNTY hereby warrants and represents that COUNTY will comply with all laws and regulations
relating to the storage, use and disposal of hydrocarbon substances and hazardous, toxic or radioactive
27 matter, including, but not limited to, those materials identified in Title 26 of the California Code of
Regulations (collectively "Toxic Materials "). COUNTY shall be responsible for and shall defend,
28 indemnify and hold CITY, its officers, directors, employees, agents, and representatives, harmless
from and against all claims, costs and liabilities, including attorneys' fees and costs arising out of or in
SB /Mary Wilson Page 6 of 11
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1 connection with the storage, use, and disposal of Toxic Materials on the Premises by COUNTY. If the
storage, use, and disposal of Toxic Materials on the Premises by COUNTY results in contamination or
2 deterioration of water or soil resulting in a level of contamination greater than maximum allowable
3 levels. established by any governmental agency having jurisdiction over such contamination, COUNTY
shall promptly take any and all action necessary to clean up such contamination.
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Likewise, CITY hereby warrants and represents that CITY has in the past and will hereafter comply
5 with all laws and regulations relating to the storage, use and disposal of hydrocarbon substances and
hazardous, toxic or radioactive matter, including, but not limited to, those materials identified in Title
6 26 of the California Code of Regulations (collectively "Toxic Materials "). CITY shall be responsible
7 for and shall defend, indemnify and hold COUNTY, its officers, directors, employees, agents, and
representatives, harmless from and against all claims, costs and liabilities, including attorneys' fees and
g costs arising out of or in connection with the previous, current and future storage, use and disposal of •
Toxic Materials on the Premises (or building if the Premises comprises only a portion of said building).
9 by CITY. If the previous,, current and future storage, use, and disposal of Toxic Materials on the
Premises by CITY results in contamination or deterioration of water or soil resulting in a level of
10 contamination greater than maximum allowable levels established by any governmental agency having
jurisdiction over such contamination, CITY.shall promptly take any and all action necessary to clean
• up such contamination.
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20. SUBORDINATION, ATTORNMENT AND NON- DISTURBANCE (6.4,S) • .
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This Lease and all rights of the COUNTY hereunder are subject and subordinate to any mortgage or
to deed of trust which does now or may hereafter cover the Premises or any interest of CITY therein, and
15 to any and all advances made on the security thereof, and to any and all increases, renewals,
modifications, consolidations, replacements and extensions of any such mortgage or deed of trust
16 except, insofar as COUNTY is meeting its obligations under this Lease, any foreclosure of any
mortgage or deed of trust shall not result in the termination of this Lease or the displacement of
17 COUNTY.
18 In the event of transfer of title of the Premises, including any proceedings brought for foreclosure or in
19 the event of the exercise of the power of sale under any mortgage or deed of trust, or by any other
transfer of title covering the Premises, COUNTY shall attorn to and recognize any subsequent title
20 holder as the CITY under all terms, covenants and conditions of this Lease. COUNTY's possession of
the Premises shall not be disturbed by the CITY, or its successors in interest, and this Lease shall
21 remain in full force and effect. Said attornment shall be effective and self - operative immediately upon
22 succession of the current titleholder, or its successors in interest, to the interest of CITY under this
Lease.
23
CITY shall require all future lenders on the Premises, upon initiation of theirr interest in the Premises,
24 to enter into a Subordination, Attornment and Non - Disturbance Agreement with COUNTY, thereby
insuring COUNTY of its leasehold interests in the Premises. Said Subordination, Attornment and
25 Non - Disturbance Agreement shall be in the form of COUNTY's standard form Subordination,
26 Attornment and Non - Disturbance Agreement or in a form approved by County Librarian, or designee,
CEO /Real Estate and County Counsel.
27
Foreclosure shall not extinguish this Lease, and any lender or any third party purchasing the Premises
28 at foreclosure sale shall do so subject to this Lease and shall thereafter perform all obligations and be
responsible for all liabilities of the CITY under the terns of this Lease.
SB/Mary Wilson Page 7 of 11
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Upon default by CITY of any note or deed of trust, COUNTY may, at its option, make all lease
2 payme directly to Lender, and same shall be applied to the payment of any and all delinquent or
3 future installments due under such note or deed of trust.
4 21. ESTOPPEL CERTIFICATE (6.5 S)
5 COUNTY agrees that its County Librarian, or designee, shall furnish from time to time upon receipt of
a written request from CITY or the holder of any deed of trust or mortgage covering the Premises or
6 any interest of CITY therein, COUNTY's standard form Estoppel Certificate containing information as
7 to the current status of the Lease. The Estoppel Certificate shall be approved by County •Librarian, or
designee, CEO /Real Estate, and County Counsel.
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22. DEFAULTS AND REMEDIES (6..8 N)
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The occurrence of any of the following shall constitute an event of default:
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11 • Failure to pay any installment of any monetary amount due and payable hereunder;
• Failure to perform any obligation, agreement or covenant under this Lease.
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In the event of any non - monetary breach of this Lease by COUNTY, CITY shall notify COUNTY in
13 writing of such breach, and COUNTY shall have fifteen (15) days in which to initiate action to cure
said breach.
14.
15 In the event of any non- monetary breach of this Lease by CITY, COUNTY shall notify CITY in
writing of such breach and CITY shall have fifteen (15) days in which to initiate action to cure said
16 breach.
17 In the event of any monetary breach of this Lease by COUNTY, CITY shall notify COUNTY in
writing of such breach, and COUNTY shall have fifteen (15) days in which to cure said breach, unless
18 specified otherwise within this Lease.
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In the event of any monetary breach of this Lease by CITY, COUNTY shall notify CITY in writing of
20 such breach, and CITY shall have fifteen (15) days in which to cure said breach, unless specified
otherwise within this Lease.
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22 23. DEBT LIMIT (6.9 N)
23 The obligations of COUNTY under this Lease are contingent upon State and COUNTY funds for the
reimbursement of COUNTY's expenditures and inclusion of sufficient funds for the services hereunder
24 in the budget approved by the Orange County Board of Supervisors each fiscal year this Lease remains
in effect. In the event that such funding is terminated, or reduced, COUNTY may immediately
25 terminate this Lease or reduce COUNTY's services. The decision of COUNTY shall be binding on
26 CITY. COUNTY shall provide CITY written notice of such determination. CITY shall immediately .
comply with COUNTY's decision.
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SB /Mary Wilson Page 8 of 11
12/31/01
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1 24. LABOR CODE COMPLIANCE (6.10 S)
2 CITY acknowledges and agrees that all improvements or modifications to or within the Premises
required to be performed by CITY at the request of COUNTY shall be governed by, and performed in
accordance with, the provisions of Article 2 of Chapter 1, Part 7, Division 2 of the Labor Code of the
4 State of California (Sections 1770, et seq.). These provisions are applicable to improvements or
modifications costing more than $1,000.
5
Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the Orange
6 COUNTY Board of Supervisors has obtained the general prevailing rate of per diem wages and the
general prevailing rate for holiday and overtime work in the locality applicable to this Lease for each
craft, classification, or type of workman needed to execute the aforesaid improvements or
8 modifications from the Director of the State Department of Industrial Relations. Copies of said
prevailing wage rates maybe obtained from the State of California, Department of Industrial Relations,
9 or COUNTY's Orange County Public Library.
10 CITY hereby agrees to pay or cause its contractors and /or subcontractors to pay said prevailing y "� p'Y P'Y P g wage
1 rates at all times for all improvements or modifications to be completed for COUNTY within the
Premises, and CITY herein agrees that CITY shall post, or cause to be posted, a copy of the most
12 current, applicable prevailing wage rates at the site where the improvements or modifications are
performed.
13
Prior to commencement of any work, CITY shall provide Orange County Public Library with the
14 applicable certified payroll records for all workers that will be assigned to the work. said payroll
15 records shall contain, but not be limited to, the complete name, address, telephone number, social
security number, job classification, and prevailing wage rate for each worker. CITY shall provide
16 Orange County Public Library, bi- weekly updated, certified payroll records for all workers that
include, but not be limited to, the weekly hours worked, prevailing hourly wage rates, and total wages
17 paid.
18 If CITY neglects, fails, or refuses to provide said payroll records to Orange County Public Library
19 such occurrence shall constitute an event of default of this lease and COUNTY may, notwithstanding
any other termination provisions contained herein:
20
a. Terminate this lease immediately; or
22 b. At COUNTY's sole option, COUNTY may impose a charge upon CITY as a penalty
for such non - compliance of paying prevailing wages, which charge would be
23 COUNTY's estimate, in its sole discretion, of such prevailing wage rates not paid by
CITY.
24
Except as expressly set forth in this Lease, nothing herein is intended to grant authority for CITY to
2 ' perform improvements or modifications on space currently leased by COUNTY or for which
26 COUNTY has entered into a lease or lease amendment.
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• SB /Mary Wilson Page 9 of 11
12/31/01
1 25. NOTICES (8.1 S) •
2 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 seventy -two (72) hours after deposit in the United States Mail.
4
TO: CITY TO: COUNTY
5
City of Seal Beach Orange County Public Library
6 211 11 Street 1501 East St, Andrew Place
7 Seal Beach, CA 90740 -6379 Santa Ana, CA 92705
Attn: City Manager Attn: County Librarian
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26.. ATTACHMENTS (8.2 S)
9
This Lease includes the following, which are attached hereto and made a part hereof:
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11 I. GENERAL CONDITIONS
12 II. EXHIBITS
13 A. Description - Premises
14 B. Plot Plan — Premises
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SB /Mary Wilson Page 10 of 11
12/31/01 •
1 IN WITNESS WHEREOF, the parties have executed this Lease the day and year first written above.
2
3 APPROVED AS TO FORM: CITY
4
County Counsel The City of Seal Beach
5 A Public Body, Corporate and Politic
6
7 By -4... _'`_ � By
Deputy / Paul Yost, Mayor
8 ,
Date //dd /O
9 B
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Joanne Yeo, City Clerk
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RECOMMENDED FOR APPROVAL: _ APPROVED AS TO FORM:
12 Orange County Public library
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By
14 ohn Adams, County Librarian Quinn Barrow, City Attorney
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19 SIGNED AND CERTIFIED THAT A COPY COUNTY
OF THIS DOCUMENT HAS BEEN DELIVERED
20 TO THE CHAIR OF THE BOARD
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23
DARLENE J. BLOOM Chair, Board of Supervisors
24 Clerk of the Board of Supervisors
Of Orange County, California
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SB /Mary Wilson Page 11 of 11
12/31/01
1 GENERAL CONDITIONS
2 1. LEASE ORGANIZATION (9.1 S)
3
The various headings in this Lease, the numbers thereof, and the organization of the Lease into
4 separate sections and paragraphs are for purposes of convenience only and shall not be considered
otherwise.
5
2. INSPECTION (9.2 S)
6
7 CITY or its authorized representative shall have the right at all reasonable times and upon reasonable
advance notice to COUNTY to . inspect the Premises to determine, if COUNTY is complying with all
8 the provisions of this Lease.
9 3. SUCCESSORS IN INTEREST (9.3 S)
10 Unless otherwise provided in this Lease, the terms, covenants, and conditions contained herein shall
11 apply to and bind the heirs, successors, executors, administrators, and assigns of all the parties hereto,
all of who shall be jointly and severally liable hereunder.
12
4. DESTRUCTION OF OR DAMAGE TO PREMISES (9.4 S)
13
"Partial Destruction" of the Premises shall mean damage or destruction to the Premises, for which
14 the repair cost is less than 25% of the then replacement cost of the Premises (including tenant
15 improvements), excluding the value of the land.
16 "Total Destruction" of the Premises shall mean damage or destruction to the Premises, for which the
repair cost is 25% or more of the then replacement cost of the Premises (including tenant
17 improvements), excluding the value of the land.
In the event of a Partial Destruction of the Premises, CITY shall immediately pursue completion of all
19 repairs necessary to restore the Premises to the condition that existed immediately prior to said Partial
Destruction. Said restoration work (including any demolition required) shall be completed by CITY, at
20 CITY's sole cost, within sixty (60) days of the occurrence of said Partial Destruction or within an
extended time frame as may be authorized, in writing, by COUNTY. The Partial Destruction of the
21 Premises shall in no way render this Lease null and void. Should CITY fail to complete necessary
22 repairs, for any reason, within sixty (60) days, or other time frame as may be authorized by COUNTY,
COUNTY may, at COUNTY's sole option, terminate the Lease or complete necessary repair work and
23 recover the cost thereof, including labor, materials, and overhead from the CITY.
24 In the event of Total Destruction of the Premises or the Premises being legally declared unsafe or unfit
for occupancy, this Lease shall in no way be rendered null and void and CITY shall immediately
25 instigate action to rebuild or make repairs, as necessary, to restore the Premises (including, replacement
26 of all tenant improvements) to the condition which existed immediately prior to the destruction. In the
event CITY refuses to diligently pursue or is unable to restore the Premises to an occupiable condition
27 (including replacement of all tenant improvements) within 180 days of the occurrence of said
destruction or within an extended time frame as may be authorized, in writing, by COUNTY,
28 COUNTY may, at COUNTY's sole option, terminate this Lease or complete the restoration and
recover the entire cost thereof, including labor, materials, and overhead from the CITY.
SB /Mary Wilson Page 1 of 3
12/31/01 •
•
•
1 Further, CITY, at COUNTY's request, shall provide a suitable, COUNTY- approved temporary facility
( "Facility ") for COUNTY's use during the restoration period for the Premises. The Facility may be
2 leased, at market rate, under a'short-term lease, for which the COUNTY will reimburse CITY the cost
3 thereof, on a monthly basis.
4 -5. AMENDMENT (9.5 S)
5 This Lease sets forth the entire agreement between CITY and COUNTY and any modification must be
in the form of a written amendment.
6
7 6. PARTIAL INVALIDITY (9.6 S)
8 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
9 and effect and shall in no way be affected, impaired, or invalidated thereby..
10 7 CIRCUMSTANCES WHICH EXCUSE PERFORMANCE (9.7 S)
11
If either party hereto shall be delayed or prevented from the performance of any act required hereunder
• 12 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
13 such delay. Financial inability shall not be considered a circumstance excusing performance under this
Lease.
14
15 8. STATE AUDIT (9.8 S) -
16 Pursuant to and in accordance with Section 8546.7 of the California Government Code in the event
that this Lease involves expenditures and /or potential expenditures of State funds aggregating in excess
17 of ten thousand dollars ($10,000), CITY shall be subject to the examination and audit of the Auditor
18 General of the State of California for a period of three years after final payment by COUNTY to CITY
under this Lease. The examination and audit shall be confined to those matters connected with the
19 performance of the contract, including, but not limited to, the costs of administering the contract.
}
20 9. WAIVER OF RIGHTS (9.9 S)
21 The failure of CITY or COUNTY to insist upon strict performance of any of the terms, conditions, and
22 covenants in this Lease shall not be deemed a waiver of any right or remedy that CITY or COUNTY
may have, and shall not be deemed a waiver of any right or remedy for a subsequent breach or default
23 of the terms, conditions, and covenants herein contained.
24 10. HOLDING OVER (9.10 S) - a
25 In the event COUNTY shall continue in possession of the Premises after the term of this Lease, such
26 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.
27
11. HAZARDOUS MATERIALS (9.11 S)
28
CITY warrants that the Premises are free and clear of all hazardous materials or substances.
SB/Mary Wilson _ Page 2 of 3
12/31/01 •
1 12. EARTHQUAKE SAFETY (9.12 S)
2 CITY warrants that the Premises are in compliance with all applicable seismic safety regulations and
3 building codes.
4 13. QUIET ENJOYMENT (9.13 S)
5 CITY 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
6 occupy the Premises.
7 14. PROCESSING FEES (9.14 S)
8
LESSOR shall compensate COUNTY for the administrative costs absorbed by COUNTY which occur
9 as a result of negotiating and administering documents (i.e., Non - Disturbance and Attornment
Agreements and Estoppel Certificates) required to satisfy LESSOR's Lender whether or not said
10 Lender decides to grant a loan to LESSOR. Said compensation amount shall be determined by
11 multiplying the hourly rate of Orange County Public Library by the number of hours spent to
negotiate, prepare and execute said documents and shall be paid to COUNTY within thirty (30) days of
12 LESSOR's receipt of COUNTY's invoice for said administrative services. Should LESSOR fail to
compensate COUNTY within said thirty (30) days, COUNTY has the option to deduct the amount
13 from the rent thereafter payable.
14 15. WAIVER OF JURY TRIAL. (9.15 S)
15
Each party acknowledges that it is aware of and has had the advice of Counsel of its choice with
16 respect to its rights to trial by jury, and each party, for itself and its successors and assigns, does hereby
expressly and knowingly waive and release all such rights to trial by jury in any action, proceeding or
17 counterclaim brought by any party hereto against the other (and /or against its officers, directors,
employees, agents, or subsidiary or affiliated entities) on or with regard to any matters whatsoever
18 arising out of or in any way connected with this agreement and /or any claim of injury or damage.
19
16. GOVERNING LAW AND VENUE. (9.16 S)
20
This agreement has been negotiated and executed in the State of California and shall be governed by
21 and construed under the laws of the State of California. In the event of any legal action to enforce or
22 interpret this agreement, the sole and exclusive venue shall be a court of competent jurisdiction located
in Orange County, California, and the parties hereto agree to and do hereby submit to the jurisdiction
23 of such court, notwithstanding Code of Civil Procedure section 394.
24 17.TIME(9.17S)
25 Time is of the essence of this Lease.
26 //
27 1/
28
SB /Mary Wilson Page 3 of 3
12/31/01
SB 41- L -B.R1
Seal Beach /Mary Wilson
LEASE DESCRIPTION
PROJECT NO: SB 54- L -B.R1 DATE: January 14, 2002
PROJECT: Seal Beach /Mary Wilson Library VERIFIED BY: Vince Geraghty
All the Premises shown crosshatched on a plot plan marked Exhibit B, attached hereto and made a
part hereof, being that certain one (1) story building located at 707 Electric Avenue, in the City of
Seal Beach, County of Orange, State of California, and located on Lot 3 of Block No. 114 per map
recorded in Book 43, in the office of the County Recorder of the County of Orange together with
the use of the parking spaces in the parking area adjacent to the library building. Said parking area
is located within the crosshatched area on attached Exhibit B.
NOT TO BE RECORDED
VG:SB/MARY WILSON EXHIBIT A
1/14/02:
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LIBRARY SITE MAP
COUNTY OF ORANGE % PREMISES
OCPL/ ADMINISTRATION AND FACILITIES
SB 41- L -B.R.1
SEAL BEACH /MARY WILSON
EXHIBIT B
o . core -60
Ce-
C OUNTY OF� REAL PROPERTY SERVICES-_1_
ek-
400 CIVIC CENTER DRIVE WEST
ANGE SANTA ANA, CALIFORNIA 92701
TELLEPP HONE' V141 1 8 834-2550
August 18, 1976 f\
GA 615-3 alb-°��Seal Beach -Library AUG J
1201-220-041041 SJ g 9 197
CERTIFIED MAIL
Clrys ircH sue;
RETURN RECEIPT REQUESTED
a
Mr. Dennis Courtemarche
City Manager
City of Seal Beach
211 Eighth Street
Seal Beach, CA 90740
Enclosed is an executed copy of the Lease between the City of
Seal Beach and the County of Orange . Also enclosed is a copy
of the Minute Order of the Board of Supervisors authorizing
execution of the Lease .
Thank you for your cooperation and that of the City's staff
in o cludi g tj/ is matter.
ichard L. Acker
Property Manager
RA:ldm
Enclosures
•
MINUTES OF THE BOARD OF SUPERVISORS
OF ORANGE COUNTY, CALIFORNIA
August 10 , 1976
•
IN RE : AGREEMENT ANIMAL CONTROL SERVICES CITY OF FOUNTAIN VALLEY
On motion of Supervisor Clark, duly seconded and unanimously
carried, the Chairman and the Clerk are authorized to sign the Animal
Control Services Agreement , dated August 10 , 1976 , between the County of
Orange and the City of Fountain Valley, providing for the renewal of the
Agreement dated June 22, 1971 for a one-year term, expiring on June 30,
1977, as recommended by the Health Agency Administrator in his letter
dated July 27, 1976.
IN RE : AMENDMENT TO REVENUE SHARING AGREEMENT CITY OF PLACENTIA
On motion of Supervisor Clark, duly seconded and unanimously
carried, the Chairman and the Clerk are authorized to sign the Amendment
To Revenue Sharing Agreement , dated August 10 , 1976 , to the Agreement
dated November 5 , 1975 , between the County of Orange and the City of
Placentia, providing for the extension of the TLC contract through
September 30, 1976 , as recommended by the County Administrative Officer
in his letter dated August 3 , 1976 .
IN RE : LEASE SEAL BEACH LIBRARY CITY OF SEAL BEACH
On motion of Supervisor Schmit , duly seconded and unanimously
carried, the Chairman and the Clerk are authorized to sign the Lease
(GA 615-3) , dated August 10 , 1976 , between the County of Orange and the
City of Seal Beach and the Seal Beach Redevelopment Agency, providing
for a 20-year lease of a library site from the City of Seal Beach for a
total rental of $1 . 00, as recommended by the Assistant Director, General
Services Agency Facilities and Real Property in his letter dated July 29 ,
1976 .
•
RECEIVED
ADP a31976
Dow,. • 0t OKANOB
Dept. at Rail PFIpkryy dflviom
F 1013-2.2
.
.
2
3
.
-
.
-GA 615-3 .
• • 7 Seal Beach' Library . .
• a • •'•
-H• • LEASE • "
' 10 THIS LEASE, made and entered into this/ day O .-
.46- / 1976 ,
by and between the CITY OE SEAL BEACH, a public body, ebr rate and .
11 politic; and- the REDEVELOPMENT AGENCY OF THE CITY OF SEAL BEACH , a body
' corporate and politic hereinafter referred to collectively as "LESSOR" ,
12 . 'and the -COUNTY OF .ORANGE, a political subdivision of the State - of
• California, hereinafter referred to as "LESSEE":
13
14 • W I T N E S S E T H : •
15 WHEREAS, LESSEE desires to provide library facilities, through a
public library system, for the citizens of Orange County, California ,
16 . entitled to use such facilities and has found that its present library
• facilities for such purposes in the area of .Seal . Eeach are inadequate;
17 and
• 18 , WHEREAS-, • LESSOR has land .upon t,hich library facilities may be
.:constructed; and - - .
19
•.WHEREAS, LESSOR desires - t6 construct or cause to be constructed
20 -library _facilities upon -such land to be used by LESSEE for library
., purposes; and I '
21 .. .
WHEREAS , LESSOR also desires to construct a Senior Citizens Center-
- 22 • Meeting .Room as part ` of said library facilities; and •
23 .. LESSEE desires to lease such library facilities and land
for library purposes;
. 24' r
NOW,. THEREFORE, BE IT RESOLVED that` for and i
-T h • considetation of the
.25 . . mutual prothises and . agreements, herein contained, the parties hereto
agree as follows: ;.-
26 .
27 . . 1 . DEMISED PREMISES
28 The Demised Premises shall consist of a library site including land ,
a; librarrbuilding . to be 'constructed on said land, -a landscaped area . sur-
29 rounding said library building, and adequate parking area The Demised
Premises are- generally shown on the attached map labeled "Exhibit A" by -
, 30 - ' reference` made a part hereof. Said Exhibit A is- intended to show the
general location of the library . and it is mutually understood and agreed
31 -between the parties hereto that- the exact location of the Demised Prem-
ises shall be mutually agreed upon during the architect 's preliminary
32 design stage-. .
728-1-1 /
0.246 I
•
•
•
•
1 2. TERM
2 The term of this Lease shall be twenty ( 20) years commencing the
first day of the first full calendar month following execution of this
3 Lease by LESSEE.
•
4 •
5 3. USE
LESSOR leases to LESSEE and LESSEE hires from LESSOR the Demised
6 Premises, for the purpose of operating a Public Library.
7
8 4 . RENTAL
•
LESSEE agrees to pay LESSOR, upon written demand , the sum of One
9 Dollar ( $1) . Such sum represents the rental for the Demised Premises
10 for the full term of this Lease .
11 5. CONSTRUCTION OF LIBRARY
•
12 LESSOR agrees to design and construct a library facility including
13 a library building of approximately 10 , 000 square feet with adequate
• delivery access and parking . Said library building shall include
14 approximately 7,500 square feet of space to be used for library purposes
and approximately 2, 500 square feet of space for use as a Senior Citizens
15 Center-Meeting Room .
16 Said library facility shall be constructed by LESSOR within three
(3 ) years from the date of this Lease . In the event said facility is
17 not constructed within said three- (3 ) year period , LESSEE may, at its
option , _terminate this Lease and neither party hereto .shall have any
18 further rights or obligations hereunder .
19 LESSOR agrees to obtain prior written approval from LESSEE ' S General
Services Agency for the plans and specifications for the interior of
20 said library building and for the plans and specifications for parking
and delivery access for said library facility. Approval of said plans
21 and specifications shall be obtained at the following points of their
development:
22
A. Completion of the Schematic Phase
23
B. Completion of the Design/Development Phase (30% complete)
24
C. Completion of 85% of Plans
25
D. Completion of 100% of Plans ( Final )
26
LESSEE 'S General Services Agency shall participate actively in the
27 working sessions and review phases during the development of plans and
specifications and shall direct the architect as to the interior floor
28 plan for said facility so as to insure the most functional and efficient
design.
29
30 6. MAINTENANCE
31 A. Janitorial Service - LESSEE shall provide, at its own cost and
expense , all ji toriil. supplies and services to the entire Demised
32 Premises . Said supplies and services to be provided shall be ade-
72131-2,3
4 . 216 -2-
4
•
1 cuate for the established hours of operation of said library facility
facility and shall include , but not be limited to , the supplying
2 of rest room expendables and replacement of light bulbs and fluor-
escent tubes , as needed .
3
B. Repair and Maintenance - LESSOR shall provide , at its own cost
4 and expense,repair and maintenance ( including painting) of all
interior structural and building surfaces . LESSOR shall also
5 provide , at its own cost and expense , carpet replacement as needed
but at' least every ten ( 10 ) years .
6
LESSOR shall also provide , at its own cost and expense , repair and
7 maintenance of the exterior of the library building and maintenance
of the- landscaping , parking areas , and other exterior improvements
8 included in the Demised Premises .
•
9 LESS0R4shall also provide, at its own cost and expense , +repair and
maintenance of heating , ventilation , and air-conditioning equipment
10 serving the Demised Premises .
11
•
12 7 . UTILITIES
13 LESSEE. shall , at its own cost and expense , be responsible for all
charges for utilities supplied to the Demised Premises including gas ,
14 trash pick-up, electric , water , and sewer .
•
15 •
8. TELEPHONE
16
LESSEE shall , at its own cost and expense , provide telephone service
17 for the library portion of said building only .
18 •
9 . ' •OPERATION OF THE LIBRARY
19
LESSEE shall operate the County Library facility located on the
20 Demised Premises in a manner customary and appropriate for a library of
comparable • size and activity within the Orange County Public Library
21 system.
22 LESSEE shall provide all furniture and equipment for the library
portion of said library building in a quantity and quality consistent
23 with other Orange County Public Library branch facilities of comparable
size and activity, including , but not limited to , tables , shelving ,
24 chairs, study carrels, and audio-visual equipment .
25 LESSEE shall provide all library materials for said library facility
consistent in quality and quantity with other Orange County Public
26 Library branch facilities of comparable size and activity , in accord-
ance with the following schedule:
27
A. -Upon the opening date , said library shall be stocked with
28 library materials to 50% of the library' s capacity , or approxi-
mately 20, 000 volumes.
29
B. Within eighteen ( 18 ) months of the opening date , said library
30 shall be stocked with library materials to 75% of the library' s
capacity, or approximately 30,000 volumes .
31
C. Within thirty-six ( 36) months of the opening date , said library
32 shall be stocked to 100% of the library' s capacity , or approximately
40, 000 volumes .
728-1-4, 5
4 . 216 -3-
•
. •
1 LESSEE. shall provide an operating staff consistent in quality and
2 quantity with other Orange County Public Library branch facilities of
comparable size and activity, according to the following schedule:
3 A. Upon the opening date, 50% of expected ultimate staffing
4 or 4:: full-time equivalent positions. •
5 B. Within twenty-four (24 ) months of the opening date , 75% of ex-
pect'ed ultimate staffing or 6 full-time equivalent positions.
6 C. Within forty-eight (48 ) months of the opening date , 100% of
expected ultimate staffing or 8 full-time equivalent positions.
7
8 LESSEE shall maintain the staff , hours of operation , and collection
of library materials at 100% of said library'.s capacity consistent with
other Orange County Public Library branch facilities of comparable size
and activity, throughout the term. of this Lease , except as provided for
10 above .
11 In the event that reductions ofrstaff and materials are ordered by
appropriate authority for the Orange County Public Library System , such
12 reductions will be allowed in this branch consistent with comparable
reductions throughout the system .
13 In the event that library activity, as measured by annual circula-
14 tion , does not meet the established quantities used to justify staffing,
hours of operation and collection levels , as specified above, said
15 levels of staffing , hours of operation and collection levels shall be
adjusted to represent the appropriate levels for the actual measured
16 level of library activity .
17 • 10 . SENIOR CITIZENS CENTER-MEETING ROOM
18
The parties hereto mutually agree that the Senior Citizens Center-
19 Meeting Room provided for herein shall be used primarily for adult
oriented activities although LESSEE shall be permitted reasonable use
20 of said Senior Citizens Center-Meeting Room for scheduled library
functions such as story hour , film program , etc . LESSOR shall be
21 responsible for scheduling activities to be held in said Senior Citizens
Center-Meeting Room .
22
LESSEE shall provide furnishings for said Senior Citizens Center-
23 Meeting 'Room including stacking chairs and folding tables .
24 LESSOR shall provide supplementary furnishings and equipment for said
Senior Citizens Center-Meeting Room as required to conduct events or
25 programs of a specialized nature not normally associated with the use of
said room for library purposes and shall also provide staffing and
26 supervision as needed for said Senior Citizens Center-Meeting Room for
said events or programs of a specialized nature to be held during hours
27 when the library is normally closed .
28
11 . MAJOR REPAIRS, RECONSTRUCTION, AND ALTERATIONS
29
LESSEE may make any repairs, reconstructon, or alterations to the
30 Demised Premises , at its own cost and expense , after receiving prior
written approval from LESSOR, which shall not be unreasonably withheld .
31
Before commencing any major repairs , reconstruction , or alterations,
32 LESSEE 'S General Services Agency shall submit to LESSOR a complete set o
schematic drawings showing the effect on the Demised Premises of the pro
posed changes. LESSOR shall have thirty ( 30 ) days from the receipt of
72B-1-6,7
4 . 216 -4-
• S
i Said drawings to review and comment, on said drawings . LESSOR'S comments '
shall be communicated to LESSEE 'S General Services Agency in writing . If
2 no comment is received from LESSOR within said thirty( 30) day period ,
3 the drawings submitted by LESSEE shall conclusively be considered to be
approved as submitted,. Any revision or comment by LESSOR concerning .
4 schematic"drawings submitted by LESSEE of proposed repairs , reconstruc-
tion , or alterations , shall not cause any increase in the cost of the
5 proposed repairs , reconstruction , or: alterations . •
It is mutually ,agreed by the parties hereto that- any fixtures or
.equipment . attached ' to or placed upon the Demised Premises , at any time ,
shall be considered the personal property of LESSEE, who shall have the
right to remove same at any time prior to the expiration of this Lease
8 or extension thereof . . .
9 12 . FIRE AND EXTENDED. COVERAGE INSURANCE.
10 LESSOR shall at all times during the term of' this Lease maintain or
cause to be maintained , at no coat to LESSEE, a policy or policies of .
11 insurance against loss or damage to the Demised Premises resulting from
fire, lightning , vandalism , malicious mischief , riot and civil commo- -
12 tion , and such perils ordinarily defined as "extended coverage" . Such
insurance shall be maintained in an amount no less than the full insur-
able value. of the improvements located on the Demised Premises . LESSOR
shall , upon demand of LESSEE, supply LESSEE with a certificate of
14 insurance of such policy .
LESSOR shall have included in the policy or policies of insurance
15 procured by it a standard waiver of right of subrogation against LESSEE
16 by the insurance company issuing said policy or policies .
17 ' 13.. .PUBLIC LIABILITY INSURANCE
18 LESSEE - agrees , at .iti sole expense , to maintain in force during the
19. term of this Lease full comprehensive public liability insurance , insur-
ing against any and all claim s' for injuries to persons or property
20 occurring in , upon , or about the Demised •Premises ." Said policy shall
have limits of not less than $500 ,000 and $1 ,000,000 . for injuries to
21 person or persons , and not less than $150,000 for property damage and
. shall name LESSOR as a co-insured . - LESSEE shall 'upon demand of LESSOR. .
22 supply LESSOR with a.. certificate of insurance of such policy . .
23 14 . INDEMNIFICATION
24 LESSEE shall indemnify and save harmless' LESSOR , its officers,
agents, and employees from and against any and all claims, demands , -
25 losses , or liabilities of any kind or .nature which LESSOR , its officers ,
agents, and employees may sustain or incur. .or which may be imposed upon.
26 - them or any. of them for injury ' to or death of - persons or damage to prop-
erty as a result of, or -arising out of , the sole 'negligence of LESSEE,
27 its officers , agents , employees , subtenants , or licensees', in connec-
tion with the occupancy and use of the Demised Premises by LESSEE.
28
Likewise , LESSOR shall indemnify and save harmless LESSEE ,' its
29 officers , agents, and employees from and against any and all claims,
demands , losses , or liabilities of any .kind or nature which LESSEE , its
30 . officers , agents, and employees may sustain or incur or which may be
imposed upon them or any of them for injury to or death of persons or
31 - damage to property as a result of , or arising out of , the sole. negli-
gence of LESSOR, its officers , agents ,- employees , or licensees , in
32 connection with the ownership, maintenance, or use of the Demised
Premises . -
72B1-5 -5-
5 .186 .
w
1 15 . DESTRUCTION OF OR DAMAGE TO DEMISED PREMISES
2 Minor Destruction or Damage -
3 In the event of:
4 A. Partial destruction of or damage to Demised Premises; or
5 B. The Demised Premises being declared unsafe or unfit for . occupancy
by any public authority authorized to. make such declaration, for any
6 reason other than LESSEE ' S act , use , or occupation , except as other-
wise provided herein;
7
LESSOR shall immediately make repairs as are necessary to restore the
8 Demised Pemises to the condition which existed prior to destruction or
damage and/or make repairs as are necessary to make the Demised Prem-
9 ices safe and fit for occupancy. LESSOR. shall have sixty (60) days to
make said repairs following receipt of written notice from LESSEE of the
10 need for said repairs . In the event said repairs are not completed
within said sixty- ( 60 ) day period , LESSEE may, at its option , terminate
11 this Lease . The destruction ( including any destruction necessary in
order to make repairs required by any declaration) , damage, or declare-
12 ' tion shall in no way render this Lease null and void .
13 Major Destruction or Damage -
14 In the event of major destruction of the Demised Premises so that it be-
comes unusable , LESSOR , at its sole option , may rebuild and repair the
15 Demised Premises . If LESSOR desires to rebuild and repair the Demised
Premises , LESSOR shall so notify LESSEE 'S General Services Agency in
16 writing and this Lease shall remain in full force and effect. Said re-
pairs and rebuilding shall be completed by LESSOR within one ( 1 ) year
17 from the date of said destruction . In the event LESSOR chooses not to
repair or rebuild the Demised Premises , LESSOR shall so notify LESSEE 'S
18 General Services Agency in writing and this Lease shall be terminated
and neither party hereto shall have any further rights or obligations
19 hereunder .
20
16 . TAXES
21 •
The parties understand and agree that the Demised Premises consti-
22 tute public property free and exempt from all ' taxation .
23
•
24 17 . TERMINATION
25 If the City of Seal Beach chooses to withdraw from the Orange County
Public Library system, LESSOR shall notify LESSEE prior to the withdrawa
26 from the Orange County Public Library system , consistent with provisions
of the California Education Code Sections 27155 and 27157. LESSEE shall
27 vacate the Demised Premises and this Lease shall be terminated effective
upon execution of the withdrawal .
28
18. OTHER STRUCTURES
29
30 LESSOR retains the right to determine what, if any, structures and
functions may be constructed or take place in the vicinity of the librar
building .
31
32 72B-1-10 ,11
4 . 216 -6-
111 111 .
•
1 19 . PARTIAL INVALIDITY
2 If any term, covenant , condition , or
y , , , provision of this Lease is
3 held by a court of competent jurisdiction to be invalid , void , or unen-
forceable , the remainder of the provisions hereof shall remain in full
4 force and effect and shall in no way be affected , impaired , or invali-
dated thereby.
5
20; AMENDMENTS
6 This Lease sets forth all the agreements and understandings of the
7 parties hereto and any modification -must be in the form of a wtitten
amendment .
8
9
21 . SUCCESSORS
10 This Lease shall Ape binding upon and shall insure to the benefit of
the successors of both parties hereto.
11
12 22 . WAIVER OF RIGHTS
13 The failure of LESSOR or LESSEE to insist upon strict performance of
any of the terms , conditions , and covenants contained herein shall not
14 be deemed a waiver of any rights or. remedies that LESSOR or LESSEE may,
have and shall not be deemed a waiver of any subsequent breach or de-
15 fault of the terms, conditions, and covenants herein contained .
16
23 . EXECUTION .
17
This Lease may be simultaneously executed in any number of counter-
18 parts , each of which when so executed shall be deemed to be an original ,
but all together shall constitute but one and the same lease .
19
'20 24. FORCE MAJEURE
21 If either party hereto shall be delayed or prevented from the per-
formance of any act required hereunder by reason of acts of God,
22 restrictive governmental laws or regulations , or other cause without
fault and beyond the control of the party obligated ( financial inability
23 excepted ) , performance of such act shall be excused for the period of
the delay and the period of the performance of any such act shall be
24 extended for a period equivalent to the period of such delay, provided ,
however , nothing in this section shall excuse LESSEE from the prompt
25 payment of any rental or other charge required of LESSEE hereunder
except as may be expressly provided elsewhere in this Lease .
26
27 25. TIME
28 Time is of the essence of this Lease.
29
26. SURRENDER OF LEASE PREMISES
30 •
At the, expiration or earlier termination of the term of this Lease ,
31 LESSEE shall surrender to LESSOR the possession of the Demised Premises .
Furnishings, fixtures , and materials purchased by LESSEE and part of .
32 LESSEE ' S inventory shall be' removed and retained by LESSEE at the time
the Demised Premises are vacated .
72E1-12 , 13 -7-
4.216
1 27. DEFAULTS AND REMEDIES
2 In the event of any breach of this Lease. by LESSEE, LESSOR shall
notify LESSEE in writing of such breach, and LESSEE shall have thirty
3 (30 ) days in which to cure said breach .
4
5
28. HOLDING OVER
In the event LESSEE shall continue in possession of the Demised
6 : 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
7 and shall be governed by the conditions and covenants contained in
this Lease .
• y }
9 29. NOTICES
•
10 All notices given or to be given by either party to the other shall.
be given in writing and shall be addressed to the parties at the ad-
11 dresses hereinafter set forth , or at such other addresses as the parties
may by written notice hereinafter designate . Notices to LESSOR and
12 LESSEE shall be addressed as follows :
13 TO: LESSOR • TO: LESSEE
14 City of Seal Beach County of Orange
P. O. Box 729 Manager , .GSA/Real Property
15 Seal Beach, California 90740 Services
400 Civic Center Drive West
16 Santa Ana , California 92701
and
17 County of Orange
Manager , GSA/Library
18 Services Division
431 City Drive South
19 Orange , California 92668
20 •
30 . ATTACHMENTS
21
This Lease includes the following , which is attached hereto and
22 made a part hereof :
23 Exhibit A -, Plot Plan showing general location of Demised Premises
24
25
26 .
27
28
29
30
31 .
32
61B5-1 • -8-
5 . 246
• •
3. IN WITNESS WHEREOF, the parties have executed this Lease the day and year
first above written.
2 LESSOR
3 CITY OF SEAL BEACH
4
By Lai,
5 Mayor
6 and
SEAL BEACH REDEVELOPMENT AGENCY
7
8 By I �. .tr - ' -
Cha rman
9 ATTEST:
10
11
G•i,t Clerk
12 APPROVED AS TO FORM:
13 APPROVED AS TO AUDIT AND Adrian Kuyper
ACCOUNTING: County Counsel
14 V. A. Heim
Auditor-Controller ISL. '%VAHLSTEDT
15 By
16 By E PIRTEE
17 RECOMMENDED FOR APPROVAL:
GSA/Library
18 �r
19 By HARRY M. it() -ti
-tilt
20 GSA/Building Services
21 By DOUGLAS. BEETHAM
22 GSA/Real Property Services
23 4c4,4)
By
24 ATTEST:
25 W. E. ST JOHN, County Clerk of the
County of Orange and ex officio LESSEE
26 Clerk of the Board of Supervisors COUNTY OF ORANGE
of Orange County
27 ,
28 BYga .v , i By - a 0� A . i ./
C iairma. , Board of Supervisors
29
30
31
32 (NO OBLIGATIONS OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED. )
61B5-3,4
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