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Home My WebLink AboutAGMT - United States - Dept. of Army (Arbor Park) 4 I/ NO. DACA09 -1 -03 -0051 DEPARTMENT OF THE ARMY LEASE TO NON -STATE GOVERNMENTAL AGENCIES FOR PUBLIC PARK AND RECREATIONAL PURPOSES JOINT FORCES TRAINING BASE ARBOR PARK, LOS ALAMITOS ORANGE COUNTY, CALIFORNIA THIS LEASE is made on behalf of the United States, between the SECRETARY OF THE ARMY, hereinafter referred to as the Secretary, and the CITY OF SEAL BEACH, a municipality of the State of California, hereinafter referred to as the Lessee. WITNESSETH: That the Secretary, by authority of Title 16, United States Code, Section 460d, and for the consideration hereinafter set forth, hereby leases to the Lessee, the property identified in Exhibit(s) "A" and "B" attached hereto and made a part hereof, hereinafter referred to as the premises, for public park and recreational purposes. THIS LEASE is granted subject to the following conditions: 1. TERM Said premises are hereby leased for a term of twenty -five (25) years, beginning January 1, 2003 and ending December 31, 2028, but revocable at will by the Secretary. 2. CONSIDERATION a. The consideration for this lease is the operation and maintenance of the premises by the Lessee for the benefit of the United States and the general public in accordance with the conditions herein set forth. b. The grantee shall pay in advance to the United States an administrative fee in the amount of SEVEN THOUSAND DOLLARS ($7,000.00), in full for the term hereof; to the order of the Finance and Accounting Officer, Los Angeles District, and delivered to The Commander, U.S. Army Engineer District, Los Angeles, P.O. Box 532711, Los Angeles, . California 90053 -2325, ATTN: Real Estate Division. b. All consideration and other payments due under the terms of this license must be paid on or before the date they are due in order to avoid the mandatory sanctions imposed by the Debt Collection Act of 1982, (31 U.S.C. Section 3717). This statute requires the imposition of an interest charge for the late payment of debts owed to the United States; an administrative charge to cover the costs of processing and handling delinquent debts; and the assessment of an additional penalty charge on any portion of a debt that is more than 90 days past due. The provisions of the statute will be implemented as follows: (1) The United States will impose an interest charge, the amount to be determined by law or regulation, on late payment of debts. Interest will accrue from the due date. An administrative charge to cover the cost of processing and handling each payment will also be imposed. (2) In addition to the charges set forth above, the United States will impose a penalty charge of six percent (6 %) per annum on any payment or portion thereof, more than ninety (90) days past due. The penalty shall accrue from the date of delinquency and will continue to accrue until the debt is paid in full. (3) All payments received will be applied first to any accumulated interest, administrative and penalty charges and then to any unpaid rental or other payment balance. Interest will not accrue on any administrative or late payment penalty charge. 3. NOTICES All correspondence and notices to be given pursuant to this lease shall be addressed, if to the Lessee, to the City of Seal Beach, City Hall, 211 Eighth Street, Seal Beach, California 90740 -6379; and, if to the United States, to the District Engineer, ATTN: Chief, Real Estate Division, P.O. Box 532711, Los Angeles California 90053 -2325, or as may from time to time otherwise be directed by the parties. Notice shall be deemed to have been duly given if and when enclosed in a properly sealed envelope, or wrapper, addressed as aforesaid, and deposited, postage prepaid, in a post office regularly maintained by the United States Postal Service. 4. AUTHORIZED REPRESENTATIVES Except as otherwise specifically provided, any reference herein to "Secretary of the Army," "District Engineer," "said officer" or "Lessor" shall include their duly authorized representatives. Any reference to "Lessee" shall include sublessees, assignees, transferees, concessionaires, and its duly authorized representatives. 5. SUPERVISION BY THE INSTALLATION COMMANDER The use and occupation of the premises shall be subject to the general supervision and approval of the Installation Commander, Joint Forces Training Base, Los Alamitos, hereinafter referred to as said officer, and to such rules and regulations as may be prescribed from time to time by said officer. • 6: APPLICABLE LAWS AND REGULATIONS The Lessee shall comply with all applicable Federal, state, county, City of Seal Beach and municipal laws, ordinances and regulations. 7. CONDITION OF PREMISES The Lessee acknowledges that it has inspected the premises, knows its condition, and understands that the same is leased without any representations or warranties whatsoever and without obligation on the part of the United States to make any alterations, repairs, or additions thereto. 8. TRANSFERS AND ASSIGNMENTS Without prior written approval of the District Engineer, the Lessee shall neither transfer nor assign this lease, nor sublet the premises or any part thereof, nor grant any interest, privilege or license whatsoever in connection with this lease. Failure to comply with this condition shall constitute a noncompliance for which the lease may be revoked immediately by the District Engineer. 9. COST OF UTILITIES The Lessee shall provide for all utilities and connections and no utilities shall be furnished by the Government. 10: PROTECTION OF PROPERTY The Lessee shall keep the premises in good order and in a clean, safe condition by and at the expense of the Lessee. The Lessee shall be responsible for any damage that may be caused to property of the United States by the activities of the Lessee under this lease, and shall exercise due diligence in the protection of all property located on the premises against fire or damage from any and all other causes. Any property of the United States damaged or destroyed by the Lessee incident to the exercise of the privileges herein granted shall be promptly repaired or replaced by the Lessee to a condition satisfactory to said officer, or at the election of said officer, reimbursement made therefor by the Lessee in an amount necessary to restore or replace the property to a condition satisfactory to said officer. 11. INSURANCE a. At the commencement of this lease, the Lessee shall obtain, from a reputable insurance company, or companies, liability insurance. The insurance shall provide an amount not less than that which is prudent, reasonable and consistent with sound business practices or a minimum combined single limit of $1,000,000, whichever is greater, for any number of persons or claims arising from any one incident with respect to bodily injuries or death resulting therefrom, property damage, or both, suffered or alleged to have been suffered by any person or persons resulting from the operations of the Lessee under the terms of this lease. The Lessee shall require its insurance company to furnish to the District Engineer a copy of the policy or policies, or if acceptable to the District Engineer, • certificates of insurance evidencing the purchase of such insurance. The minimum amount of liability insurance coverage is subject to revision by the District Engineer every three years or upon renewal or modification of this lease. b. The insurance policy or policies shall be of comprehensive form of contract and shall specifically provide protection appropriate for the types of facilities, services and activities involved. The Lessee shall require that the insurance company give the District Engineer thirty (30) days written notice of any cancellation or change in such insurance. The District Engineer may require closure of any or all of the premises during any period for which the Lessee does not have the required insurance coverage. 12. RIGHT TO ENTER AND FLOOD The right is reserved to the United States, its officers, agents, and employees to enter upon the premises at any time and for any purpose necessary or convenient in connection with government purposes; to make inspections, to remove timber or other material, except property of the Lessee, to flood the premises, to manipulate the level of the lake or pool in any manner whatsoever and /or to make any other use of the lands as may be necessary in connection with government purposes, and the Lessee shall have no claim for damages on account thereof against the United States or any officer, agent, or employee thereof. 13. INDEMNITY The United States shall not be responsible for damages to property or injuries to persons which may arise from or be incident to the exercise of the privileges herein granted, or for damages to the property of the Lessee, or for damages to the property or injuries to the person of the Lessee's officers, agents or employees or others who may be on the premises at their invitation or the invitation of any one of them, and the Lessee shall hold the United States harmless from any and all such claims not including damages due to the fault or negligence of the United States or its contractors. 14. RESTORATION On or before the expiration of this lease or its termination by the Lessee, the Lessee shall vacate the premises, remove the property of the Lessee, and restore the premises to a condition satisfactory to said officer. If, however, this lease is revoked, the Lessee shall vacate the premises, remove said property and restore the premises to the aforesaid condition within such time as the said officer may designate or as otherwise specified by the provisions of the condition on RENTAL ADJUSTMENT. In either event, if the Lessee shall fail or neglect to remove said property and restore the premises, then, at the option of the said officer, the property shall either become the property of the United States without compensation therefor, or the said officer may cause the property to be removed and no claim for damages against the United States or its officers or agents shall be created by or made on account of such removal and restoration work. The Lessee shall also pay the United States on demand any sum which may be expended by the United States after the expiration, revocation, or termination of this lease in restoring the premises. 15. NON - DISCRIMINATION • 1 The Lessee shall not discriminate against any person or persons or exclude them from participation in the Lessees operations, programs or activities conducted on the leased premises, because of race, color, religion, sex, age, handicap or national origin. The Lessee will comply with the Americans with Disabilities Act and attendant Americans with Disabilities Act Accessibility Guidelines (ADAAG) published by the Architectural and Transportation Barriers Compliance Board. 16. SUBJECT TO EASEMENTS This lease is subject to all existing easements, or those subsequently granted as well as established access routes for roadways and utilities located, or to be located, on the premises, provided that the proposed grant of any new easement or route will be coordinated with the Lessee, and easements will not be granted which will, in the opinion of the District Engineer, interfere with the use of the premises by the Lessee. 17. SUBJECT TO MINERAL INTERESTS This lease is subject to all outstanding mineral interests. As to federally owned mineral interests, it is understood that they may be included in present or future mineral leases issued by the Bureau of Land Management (BLM) which has responsibility for mineral development on federal lands. The Secretary will provide lease stipulations to BLM for inclusion in said mineral leases that are designed to protect the premises from activities that would interfere with the lessee's operations or would be contrary to local law. 18. TERMINATION This lease may be terminated by the Lessee at any time by giving the District Engineer at least thirty (30) days notice in writing provided that no refund by the United States of any rental previously paid shall be made, and provided further, that in the event that said notice is not given at least thirty (30) days prior to the rental due date, the Lessee shall be required to pay the rental for the period shown in the condition on CONSIDERATION. 19. RENTAL ADJUSTMENT In the event the United States revokes this lease or in any other manner materially reduces the leased area or materially affects its use by the Lessee prior to the expiration date, an equitable adjustment will be made in the rental paid or to be paid under this lease. Such adjustment of rental shall be evidenced by a supplemental agreement in writing; PROVIDED however, that none of the provisions of this paragraph shall apply in the event of revocation because of noncompliance by the Lessee with any of the terms and conditions of this lease. 20. PROHIBITED USES a. The Lessee shall not permit gambling on the premises or install or operate, or permit to be installed or operated thereon, any device which is illegal; or use the premises or permit them to be used for any illegal business or purpose. There shall not be conducted on or permitted upon the premises any activity which would constitute a nuisance. The • • Lessee shall not sell, store or dispense, or permit the sale, storage, or dispensing of beer or other intoxicating liquors on the premises. b. The Lessee shall not construct or place any structure, improvement or advertising sign or allow or permit such construction or placement without prior written approval of the District Engineer. 21. NATURAL RESOURCES The Lessee shall cut no timber, conduct no mining operations, remove no sand, gravel, or kindred substances from the ground, commit no waste of any kind, nor in any manner substantially change the contour or condition of the premises except as authorized in writing by the District Engineer. 22. DISPUTES CLAUSE a. Except as provided in the Contract Disputes Act of 1978 (41 U.S.C. 601 -613) (the Act), all disputes arising under or relating to this lease shall be resolved under this clause and the provisions of the Act. b. "Claim ", as used in this clause, means a written demand or written assertion by the Lessee seeking, as a matter of right, the payment of money in a sum certain, the adjustment of interpretation of lease terms, or other relief arising under or relating to this lease. A claim arising under this lease, unlike a claim relating to this lease, is a claim that can be resolved under a lease clause that provides for the relief sought by the Lessee. However, a written demand or written assertion by the Lessee seeking the payment of money exceeding $50,000 is not a claim under the Act until certified as required by subparagraph c.(2) below. The routine request for rental payments that is not in dispute is not a claim under the Act. The request may be converted to a claim under the Act, by this clause, if it is disputed either as a liability or amount or is not acted upon in a reasonable time. c. (1) A Claim by the Lessee shall be made in writing and submitted to the District Engineer for a written decision. A claim by the Government against the Lessee shall be subject to a written decision by the District Engineer. (2) For Lessee claims exceeding $50,000, the Lessee shall submit with the claim a certification that- - (i) the claim is made in good faith; and (ii) supporting data are accurate and complete to the best of the Lessee's knowledge and belief; (iii) and the amount requested accurately reflects the lease adjustment for which the Lessee believes the Government is liable. (3) If the Lessee is an individual, the certificate shall be executed by that individual. If the Lessee is not an individual, the certification shall be executed by -- • • 0 (i) a senior company official in charge of the Lessee's location involved; or (ii) an officer or general partner of the lessee having overall responsibility of the conduct of the Lessee's affairs. d. For Lessee claims of $50,000 or less, the District Engineer must, if requested in writing by the Lessee, render a decision within 60 days of the request. For lessee - certified claims over $50,000, the District Engineer must, within 60 days, decide the claim or notify the Lessee of the date by which the decision will be made. e. The District Engineer's decision shall be final unless the Lessee appeals or files a suit as provided in the Act. f. At the time a claim by the Lessee is submitted to the District Engineer or a claim by the Government is presented to the lessee, the parties, by mutual consent, may agree to use alternative means of dispute resolution. When using alternate dispute resolution procedures, any claim, regardless of amount, shall be accompanied by the certificate described in paragraph c.(2) of this clause, and executed in accordance with paragraph c.(3) of this clause. g. The Government shall pay interest or the amount found due and unpaid by the Government from (1) the date the District Engineer received the claim (properly certified if required), or (2) the date payment otherwise would be due, if that date is later, until the date of payment. Simple interest on claims shall be paid at the rate, fixed by the Secretary of the Treasury as provided in the Act, which is applicable to the period during which the District Engineer receives the claim and then at the rate applicable for each 6 -month period as fixed by the Treasury Secretary during the pendency of the claim. Rental amounts due to the Government by the Lessee will have interest and penalties as set out in the condition on CONSIDERATION. h. The Lessee shall proceed diligently with the performance of the lease, pending final resolution of any request for relief, claim, or action arising under the lease, and comply with any decision of the District Engineer. 23. ENVIRONMENTAL PROTECTION a. Within the limits of their respective legal powers, the parties to this lease shall protect the premises against pollution of its air, ground, and water. The Lessee shall comply with any laws, regulations, conditions, or instructions affecting the activity hereby authorized if and when issued by the Environmental Protection Agency, or any Federal, state, interstate or local governmental agency having jurisdiction to abate or prevent pollution. The disposal of any toxic or hazardous materials within the premises is specifically prohibited. Such regulations, conditions, or instructions in effect or prescribed by said Environmental Protection Agency, or any Federal, State, interstate or local governmental agency are hereby made a condition of this lease. The Lessee shall not discharge waste or effluent from the premises in such a manner that the discharge will contaminate streams or other bodies of water or otherwise become a public nuisance. • • b. The Lessee will use all reasonable means available to protect the environment and natural resources, and where damage nonetheless occurs from activities of the lessee, the Lessee shall be liable to restore the damaged resources. c. That pest and weed abatement /control will be provided by the Lessee at no cost to the Government. The Lessee must obtain approval in writing from said officer before any pesticides or herbicides are applied to the premises. 24. ENVIRONMENTAL BASELINE SURVEY An Environmental Baseline Survey (EBS) documenting the known history of the property with regard to the storage, release or disposal of hazardous substances thereon. This action is of limited size and magnitude and therefore it constitutes a categorical a categorical exclusion for the need to prepare a formal environmental assessment document. The Categorical Exclusion is attached hereto and made a part hereof as Exhibit "C ". Upon expiration, revocation or relinquishment of this lease another EBS shall be prepared which will document the environmental condition of the property at that time. A comparison of the two assessments will assist the said officer in determining any environmental restoration requirements. Any such requirements will be completed by the Lessee in accordance with the condition on RESTORATION. 25. HISTORIC PRESERVATION The Lessee shall not remove or disturb, or cause or permit to be removed or disturbed, any historical, archeological, architectural or other cultural artifacts, relics, remains or objects of antiquity. In the event such items are discovered on the premises, the Lessee shall immediately notify said officer and protect the site and the material from further disturbance until said officer gives clearance to proceed. 26. SOIL AND WATER CONSERVATION The Lessee shall maintain, in a manner satisfactory to said officer, all soil and water conservation structures that may be in existence upon said premises at the beginning of or that may be constructed by the Lessee during the term of this lease, and the Lessee shall take appropriate measures to prevent or control soil erosion within the premises. Any soil erosion occurring outside the premises resulting from the activities of the Lessee shall be corrected by the Lessee as directed by the said officer. 27. TAXES Any and all taxes imposed by the state or its political subdivisions upon the property or interest of the Lessee in the premises shall be paid promptly by the Lessee. If and to the extent that the property owned by the Government is later made taxable by State or local governments under an Act of Congress, the lease shall be renegotiated. 28. COVENANT AGAINST CONTINGENT FEES The Lessee warrants that no person or selling agency has been employed or retained to solicit or secure this lease upon an agreement or understanding for a commission, • 1111 percentage, brokerage, or contingent fee, excepting bona fide employees or established commercial or selling agencies maintained by the Lessee for the purpose of securing business. For breach or violation of this warranty, the United States shall have the right to annul this lease without liability or, in its discretion, to require the Lessee to pay, in addition to the lease rental or consideration, the full amount of such commission, percentage, brokerage, or contingent fee. 29. OFFICIALS NOT TO BENEFIT No member of or delegate to congress or resident commissioner shall be admitted to any share or part of this lease or to any benefits to arise therefrom. However, nothing herein contained shall be construed to extend to any incorporated company if this lease is for the general benefit of such corporation or company. 30. SEVERAL LESSEES If more than one Lessee is named in this lease the obligations of said Lessees herein contained shall be joint and several obligations. • 31. MODIFICATIONS This lease contains the entire agreement between the parties hereto, and no modification of this agreement, or waiver, or consent hereunder shall be valid unless the same be in writing, signed by the parties to be bound or by a duly authorized representative and this provision shall apply to this condition as well as all other conditions of this lease. 32. DISCLAIMER This lease is effective only insofar as the rights of the United States in the premises are concerned; and the Lessee shall obtain any permit or license which may be required by Federal, state, or local statute in connection with the use of the premises. It is understood that the granting of this lease does not preclude the necessity of obtaining a Department of the Army permit for activities which involve the discharge of dredge or fill material or the placement of fixed structures in the waters of the United States, pursuant to the provisions of Section 10 of the Rivers and Harbors Act of 3 March 1899 (33 USC 403), and Section 404 of the Clean Waters Act (33 USC 1344). 33. This is a co -use lease as the land granted is required as a safety zone for the airfield. No use or activity will be permitted which would interfere with this primary use of the said premises. 34. CONSTRUCTION AND MAINTENANCE ON LEASED PREMISES a. That all construction of park facilities, and operation and maintenance thereto, shall be at the sole expense of the Lessee, at no expense to the Government. b. That during the entire term of the lease, the said Lessee shall be responsible for maintenance, protection, repair and restoration of the leased premises to the satisfaction of the said officer. c. The Lessee shall install and provide continuous maintenance of the security fence along the perimeter where the park site abuts the installation, not less than seven (7) feet high, plus three (3) strands of barbed wire to include any easements, and other park facilities, without cost to the Government. d. That the Lessee will provide necessary maintenance and repair of access routes to the park site as required by the Installation Commander. e. That the Lessee will maintain the drainage ditch and road shoulders along the access easement. Installation of the fence along the access easement will be coordinated with the Installation Commander to ensure there is no restriction to drainage. f. That the Lessee shall submit all plans for improvements to be made to the leased property to the Commander, Joint Forces Training Base for review and approval, prior to bidding for a contract or the start of any work. All non- Federal rights -of- entry, easements, permits or similar actions shall be procured by the Lessee prior to commencing • construction. All construction, operation and maintenance thereto shall be at the sole expense of the Lessee, at no expense to the Government. 35. The Lessee shall provide egress and ingress to the park facilities from local streets. No access will be permitted through the installation. 36. The Lessee shall establish policy and procedures to ensure security from trespass by park patrons in the Joint Forces Training Base and Government Housing area. 37. That any change in the grade elevations or new paved areas that may be installed, shall provide drainage to prevent flooding of Joint Forces Training Base, Government housing, private residence and commercial property in the area. 38. That the Lessee shall set limitations regarding the hours of use and type of activities to be conducted. Lessee shall also enforce all codes and regulations of the City of Seal Beach for those leased areas. 39. That the premises covered herein shall be used only for public park and recreation purposes. 40. This lease when executed will supersede Lease No. DACA09 -1 -82 -350. THIS LEASE is not subject to Title 10, United States Code, Section 2662, as amended. IN WITNESS WHEREOF, I have hereunto set my hand b ' 9,uthority of the Secretary of the Army, this 1 6 day of F0/ 1 , i tg t L , ROBERT W. COLA +G ELO Contracting Officer Real Estate Division THIS LEASE is also executed by the Lessee this ,g " day o J , 20d. BY: JOIN 44. y -9 TITLE: Mayor ., : • . F, D ARTMENT : OF.THE ARMY . -.,s .;,, LEASE' s, , ARMED , F ORCES'•RESE R VE CENTER ' OF "PROPERTY ON 'ARMED ''_ MILITARY ARE ERVATION . . , . ; . • ... , LOS ALAMITOS . I'. • • ti ' r . , - 1 . • -'•. CALIFORNIA N ' DACA09 - - - 350 - - THIS LEASE,: - made + between the Secretary of`the Army,' of the first part and - THE CITY CITY "OF' SEAL; 'BEACH'; 'a municipality :of - the State of Californi ;I's; ' .; - -, •: - .. . , -.. �;i.: '"• . • . - t. . .. of the s p art, WITNESSETH: • " ' ' That the Secretary the; A -iny, . by virtue of; .,.the authority contained in Title ' •10, Unite � d States Code Section 2667, and for : the - . consideration hereinafter set forth, hereby leases to the part of the seconds- part „ hereinafter, designated :as' the' lessee, for a term of T4ienty - Five .125) .years • ,b eginning, ' .1 January - '.1 y 82 • a.dr e nnding ` , - t ' . '31` DeCP11 r , 1 t revocable - at - will - by the 'Secretary . of . the Ari•ny,,.the following - describe property for "the d of a public recreational - park,.' together with - egress and ingress -rights - within'.the areas identified as Parcels, .1,, 2 .and 3, containing a” total "of' approximately 13:092 acres of land within ,.Los Alamitos Arnied'Forces Center,• Orange " County, California, more particularly described in the -legal _ description,File - • No. :697 -K -7,. marked .Exhibit.- '-'A °' and -at iocatioris 'substantially as shown . on Drawing No. 697- K- ,7, Exhibit "B ",,,both e attached hereto an d made. parts;vhereof . ;, _ ', r t_ S,; Y•..,\±:, " "' , _ • , M I t _ , i.' " -:i-; . .Vy' vCai`.t' . .' ' o : S • - r:_^ 1 )r‘•> . '.•cif: ' " . tt3 .'t ii' . .. _ e:.-`sa. i'St,: 'ti's .:.r. ..• . i .r• a n,' r, . _ .. . �Y.. ' : . v :; _t. • - , .' . r `., ^x.15. ., - � <- ••. , . ' • ,-_. '.f' .. . ! \',-. ,,.) i' }mi - \ ...f,'`z 5 f-_. ',' S. ts4, 1'... • •fF1: ; J -. 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"6laado,cd ftuv An a •6 . , _ •sasnva .caylo puv 94' ftq uozlan clsaii id a5roucvp'lsuzv5v saszicia.c'd paszucap av1,fo- uozla0o,cd 9111 uz. aoua6zizp,anp asza.caxa sauczl liv lv 11rn{s aassal awl lvz{,L •g rstuzroja,wans . 1f6 . puv ftuv :u10.c kssalut.iml ,sairolS papuh 'ayl,pioy, nvys aassal•91j puro.'saa.lidpai? ippt zuu.iaao6 104 6uisz.cv 'awl'Jo auo ,`I uv ,l0 tiozlvlzauz awl .i0_ ziozlvpzauz .ciawl lv .saszuia,.cd 'pzvs uo aq '&044 oyon s:cawo :co ••saaftolduca :co. •`siiiroa:ias. `sluafv - 's.caa o saassalavl fo uos4ady1 _ a,,01 satanCUz .c0 h7.49;19.44 ay1 01 sa6vtuvp` 0/ .c0 `'(1a' alpUz _ , . .:: o 'aassaj az(1 Jo /ttl.cado.cd 9111 of safvuctip "do/ .40 `saszuia.cd ptvs awl fo uozpvdnaao puv asn ay? 0 luapzauz aq .10 "iu0.4/ asz.cv'itviu'yazyrn suos.tad of saz.cnCuz .co ftl.cadoad o1 .co,[..algzsuodsa.c aq 1ou 11m{s salvlS.- palzun awl l'n'i(,L '.G . • •/oaiawl`aafioldtua 20 ' ` 20 _ salvlS polio[) awl suzv5v •/oa.cawl uo 2alav2m/a ftun 10 uttvia, ou_anvil limp aassal awl • pun uauiu caaoD dill Jo 809.19044 '9ye /0 -zioi aalo.id avl .40/ ft2vssaaau pazuaap asznz:caylo •uaw.m, . puv,/tcoluaauz puv: uozlaadsuz uodn J0 asod._cnd ay1_.10/ 9.u4,9 9.u4,9 / uv lb saszuta.cd pzvs ay1 .talus 01 • 890 lt0 diva up's u:aB »'siaa o s i ' v a zu a o as..casa.c fi a.ca si' 6z.c a . 1 p � �... 1. � 1S p l !1 aq"? � p g. y 111 zl'1'lrnf,L '9 - lig "sel etuy s ' 0i s•� utbug AXELI • pzros 9111 uio.cJ,6uzlz.cat .uz uozsszuccad lnoy s -n sap ud t ..b . .aat3 o' ws • _ , .. _ . asval Szyl iiz'n uozlaauuoa uz .cadaosl mint asuaa :t 'af - ` s f i u v 'lu . - 'uoa.tawl - /tl.cado.cd ituv .co joa.49111 1.tpd ftuv �.co saszucald paszuuap . ayl.. lalgns .coU `89571 • _paszzuap awl uo '%t1':iadoad 'ituro .io asro •sz l u6zssii .iou' .caieUv.cl :cayliau "11mis aassarai1: iV / j. 9 • c r aassai.ayl ",{o asuadxa awl lv puv ftq uozlzpuoa puv .cap.co pooh uz pauzvluzvuc • pup paioalo.cd aq' saut:W hit lb' 11'm[8 'iti•.iado.cd pasvap ,lo- suozl-cod 'lib` ` cado:cd''a =16•'uoil • • - %40lsa.4, ail 01 laads9.4. vlznz /oa.cay og ;opt uozlzpuoo fo suozlonuczl ayl of 1aatgns 'mil ..f . olaiail suozlzppo° io'`sczrodai 'sicozlvcaljro Ruv arm 0 luaucu.caao;j ay; /0 1.ivd ay1 uo uozlvfigRo .lnowprn puv '.carcaoslvyrn .luaucu.caaoO ail • /tq' /tluv.c.cvrn .40 uoilvluasa.cdac fturo lnoynat pasval itga.cay• sz aucros ayl .1rnf1. poo1s.capun sz lz puv 'ltl.cado.d pasvai ay? /o uozlzpuoo ayl mow! puv ,palaadsuz svg aassal ail lma •S lua.cana uayl awl lv aassal 9i1. ftq 2o/a.cayl apvw luauiasanqucza.c luaucuaaao f) ayl fo uo • " a , ay; lv .4.0 ' /0a.cai p3. •() 'uoilzpuo,9 ftq pa.eznba.c uozlzpu0a .91n 01 pa.c0lsa.4, .40 a , ad, .cawlza aq 0 /tl.cad0.cd vans ftuv 'pa/do.clsap .40 'pa5yzicup 'pot 1 unz0gs fil.cad• ; pasval .col .caao min glzrn•aassal 210 ftq lziaucalllas .co/ szsvq 9111 alttn oa` 01 l.co uozlzpuoo pity /icoluaauz . . pzvs „'.caagi'o pzvs„ .8V palyu5zsap .ialJvuza.cav . .. : . '.caauz6us • awl o1 pallztugns puv pa2vda.cd aq 1?vys 1.40da c uozlzpuoo put) fi coluaauz 2v12zuzs v a.: " , • 1 .7'/ 0 uozlzruttud,9l .co 'uozlv'aoaa.c 'uozlv.czdxa ay? 1y •uza.cag palvcod.coauz /tl?vuz6 . : • sv it1 v '/oa.cay l.cvd.v aucoaaq .puv ola.ca1 pavavlly aq 11mis 1.coda.c uozlzpuoo p ' • , oluaauz pzvs1q dos y •fil.cado.cd pzros fo uozlzpuoo luasa.cd uagl ag1 1aal/9.c 0 as • ,y1 Jo aapv uasaada.c .v pup luazuutaao f • ail 10 aazlroluasa.cda.c v Rq apmu __ aq nvtis " • 1 8 tj 4 uz - papniauz luaucu.caaoo 9111 ./0 sluatuaao.cdtat puv itl.cado.cd ivuos cad llv 10 . , ' " a .uozlzpuoo pu ; 111 , , • , • • , 9 - ,,, .. . uaucutoa 9 1 10 sro 'l? 1 . . . . go fe 01 laa.czp aassal aq 'a! , -,- . puv salvlS pa1zu11 agl 10 .ca.cnsva.c ail o1 al grofevd ap , aq 11 ' s . , - , • 424209 •/oa.cay 03 •oN uozlzpuoj liq pa.cznba.c uozlzpuoo ail 0 sasztu. -ow - • ; 1 z colsa2 uz asoal szvl fo uOZWyu - zuc.cal .40 'uozlvaoaa.c 'uozl%czdxa ag1 .ca • 9, ., o x aq ol aavi //put vazirn tuns fl•u» puvuiap • uo salrolS palzun 910 01 _1, , , : , imps 228897 alp 'aauvapv w!, . . a1 gvftrod 'tun . . " , . " ' .\ • - ' . . . „ : s uozlz uoa 6 • o 1 a l 01' 1aa6gns paluv.c6 el. NSV37 SIH,L . ..p ono' i . . , • • 4, 11. That mply lessee shall m with all applicable laws, ordinan s, and regulations o .- py 9 of the State, county, and municipality wherein the said demised premises are located, with regard • •to construction, sanitation, licenses or permits to do business, and all other matters. - 12. premises, and shall not - construct • • _ _, ..:: :,; -, -,, ' • or a• vertising sign thereon with- and payable, all taxes, assessments ;'and similar charges,'' which at any time during erm- - of"this leas "e, maVbe taxed;`cissessed`or imposed.upon•,the Government or upon " • essee with • .respect to the lads' ed - p "rem:ises. t ln the eve it'any? taxes assessmeyh .,", r 's`iiq.ilar chlirpes are imposed .with the consent of the Congres t pon property. ow • : • y the Government and . included in this lease (as opposed to the l ; • • • interest • • lessee therein); this'lease Shall renegotiated so as Co accompl '.`equitable - • • uction in'the rental above, which shall, nor be greater than the 01 • ence b • ween the amount of 'such tuxes, •assessments, Or similar charges and' the- amo t• • f•an _ • xes, assessnzents'or "sim.ilar charges which we're . . imposed upon such lessee Wit p ' 6 his leasehold in terest in the premises prior to the granting of such consent by t• • ongress; • provided that in the event that the parties thereto are unable to agree" Wit •" 90 days from the'date of the imposition of such taxes;.assessments, " or similar charge • a rental' which in the opinion' of the said Officer, `constitutes'a reason- able .return" : • e Government on the leased property,''then'in such-event, the said• officer shall • have • right to determine • the amount of the rental, which determination•shall be binding . • • . ' • I "„ / •, ', •, , ,., • • • 1 • •.• "• • . /- • • '• ''',.'•'.:.' {tit ; •.. 14:- (a) Thai;' except as' otherwise provided in this lease ;'any dispute concerning a 'ques- tionOf fdetiris"iii under this lease ,Ol io iritot"disposettiirby agreement shall be decided by • the said-officer, who shall reduce. :his'decision to writing' and mail or otherwise furnish a copy - - thereof to the Lessee: • The decision of• the said offer shall be final and conclusive unless;' -with- in 30 days from-the date'of receipt of such copy,'the Lessee'mails or otherwise to the . said officer a written appeal addressed to the Secretary of the' Army: 'The :deeisiori•of the Sec - retary or his 'duly authorized represen`tive . f or the determination of such appeals shall be final :and conclusive unless determined by a cour-t_of • competent' jurisdiction to• - been' fraudulent, or capricious, or arbitrary,' or so' erroneou_ s •as necessarily to imply' bad °faith, or 'not . 'supported. by substantial evidence. In connection, with.any appeal proceeding under this' con- . dition,'the Lessee' shall be afforded an opportunity' to be heard-and to offer evidence'in *8upport .. oi its appeal Pending 'final decision of it dispute hereunder, the L ssee shall 'p"rooeed with the ");Ierformance of the contract and in accordance with the said of tier's decision. " • • (b) This Condition does"not preclude consideration of 'law'questions in connection with ' decisions provided for in: par`ag.raphia) above:' Provided; 1 that "nothing in this Condition shall..be construed as making final the decision of, any administrative official; representative; or board a question law. 15. That this•lease maybe terminated by the lessee at any time by giving"'to the Secretary • . of the Army," through the Said officer, at least ten (10) days' notice 'thereof '•in writing; pro- . , . r vided that; in ease 'of such termination, no refund by the United States of any rental theretofore • pd�sh ai all - be made ;. ., � - ., _ `; .._. •-r":'-'. .. . • :. ':. •.:.:: : : :: :.- :..._... ."2t ten '(10);`days prior the rents 'd sue'8'.'• 41 requires 'to pay' the rental' for , 16. Than. the: use -.and•. occupation'. Of the .premises leased •hereby shall be .subject _to: the - general supervision and approval the officer•having immediate jurisdiction over the property . `and to-such rules and- 'regulations as.may be prescribed by :him,. from time toi time: .. .. , • • ... • '1i. , .e .. .''' ,. ,•`••- _ - - .. - . . ' •.. :' • ;ju risdiction over_the.4property of ,produc.i and / or supplying any utilities •% - er,services furnished by the Government .or throlk< w e . me e.rnnt -owned :', , or the,use of th__ e lessee, ._including the lessee's proportion ` ,„ of 'the. •- % •peration and maintenance of the G.ov- • ernment- owned •:facilities -b • "iv'Tii • , z zties-°or -- %services are produced or.'supplied.'• The . - 'Government shall 'be u :•;!: • o■ligation to furnish' utilities or ser eiv es., 'dial/ ' be Made' in ' t 'o• ,prescribed- by't'he offccer.having immediate j v urisdiction oex,the po r 'pe'rty, it' ' . .::, -• • .. . • -- .- - -_- - -- - 7- _ -- •_ _ _ - .�-. ._..._.._ . - - „ -- san,zrju asa:cda:c =paxz 9.117nv- szy 4 s.cos paluzoddv fipnp. szy_apnlouz 1p?11s .caoWo_p - „ .co- .caauz6u,7 laz.c7szQ ' :aex tc• g „ op icza.cay, aoua.caJa.c /luv ,`papzao.cd.,ftifvazjzoads •aszrn.caylo sv pdaaxa `7 • . :. ,,.1apu1unuob„ _ - 7 . r r r, . Z ' r ■ • r ,-�.. ,.. ,, - . •.corn uozpvcolsa.c puv . �7vriouca.c lions to punoaay.u`o 4o dq .papva': a.,aq ?7vys spua1v .co �I spz co, sappps,papzuf) .ayp 7suzroiro saIvucrop..40J ou'puz\'aassa7.a,i17 Jo•asuadxa,- ay7 ..72z pa.copsa.v.aq. -o7 saszzua.cd,,ay7 puv aq op z asnroa fivzu, fiut4ii a_i{•p,,,/o : a w .co '..zoJa.cayp : uoz,7vsuaduuoo.pnoypzrn • .sa7v7s•papzu11 ayp,jo fzp.cado.id,ayp aucoaaq .cayiza'11vvys.47.cado.cd .pzvs: fuc.cy ; ayp . 10 d.cvpa.caas'ayp • •• ',Jo uoz7do ayp `uay7 `saszuia.ccd a,.f7 a.co7sa2 Os puv q:tado.cd..piros aaolua.c op paa76au .to pzvJ 77'rozls .-aassap ayp Jz .`puaaa .1411,7za uI .'ajvu6zsap flow. fi zcz.c y..ay7 Jo fi'.cv7a..cdas ayp s■ azuz7 lions uzypzrl ' - pzrosa.coJv uozjzpuoo ayp o7 saszuca.cd puv;`zuo2Ja.cayp nfado.cd pzvs••aaouca.c,`saszuca.cd -ay7 .a7vav2.11vys aassa7 ay7 'payoaa.c, sz, rival szy7 •`..c `JI.-, •papdaaxa,.croap puv .warn ,.czvj' • ,op.anp puv aassa7 ay7,Jo 7o2puoo ay7. puofiaq sa1vucrop `asva7 szy7 J0.141,.i0 ay7 Jo.' uaucaaua,,ucucoa. . - a7vp ay7 uodn 6uz7szxa.7v717 sv_uozppuoa puv .caps o pooh sv.o7,saszuia.cd_ ay7 a2o7sa.c pun • `uco,c ja.cay7 aassa7 ay7 Jo f27.ca.do.cd ayp. aaozua.c `saszuca2d pasiutap ay7 a7vava 77 ys aassa7 ay72aassa7 ay7 -fiq uozp • . - vuziu•. ca7s7z .40.asv Jo,17vp ay7.•a.cofaq;.co`uo,`7znl.L•:.(3.L6'NH317.6').,02'- .. . aq.11roys.s7ua6ro .co s:490zl0. 872..co .sa71)7S papzuj ayp 7s11.217,¢7) .io/- zuzrojo..ou - . : . aassa7 ..a Jo asuadx. ay7 7v pa;c0psa.c ps , aq - , 67. fi7.cadq.cd ,pasva7 . a,117 . puv paaouca.c. a • e 7, asnva dvuc -.._ dzu.cv. a y7. -Jo n,cv7a:caas ay7 20 .co/a.cay7 uo27 ,vsuaducoo•7noy7zat.sapro7S•.pa : ay7..J0 fi72ado.cd,ay7 azuooaq .cay.7zalpvys aassa7.ay7 Jo f17.cado.cd ay7 ;a.yl Jo , azf7, JO,uozglo ay7.7v `uay7 - ' `fcl.cado2d pasva7 ayp a.co ; 0s: puv. aassa7 ayp ,Jo,fc7.cado.cc •7, aaozuad, o7. 7aa7¢a.u pp' ppvzis ' ' ay7-Jz,`7uaaa .caylza.ul ,a7vu6zsa aassa7 ,nrouc fizu.c r , ,7 -Jo , pa.coaS. ayp sv auiz7 yn o s • uzypzoz pzvsa.co/V uozlzpu0 ay7 07 67.za pasvap ay7. ..7sa .• ro ` 2Ja.cay7 .aassa7• ay7 Jo fz7.caclo.cd, An . a'aozua.c, `67.cado�.d pasva7 • azjj'a7vova • 71v .. ssa . , g1 F � aa.1 sz asva7` szy7 '.ca.aanzoy `JI ,. 016'94 ,.co•, `paavida.c ,pa.czvda., .np.cado.cd • vucv ' Wuzavai Jo naz7 uz spunJ, aauro.aisuz ,paaiaaaa s .y. .40 aa,zaoa2,11vys 7uazu . (tog d,717 y�zy ..c0/ pun aoup.cnsuz nq 73 a.caaoa,fi7.,ado.cd, pasva7 aif7 01 aIvuc %p- picv;.iva 1 ro ..wadi f2vu ssa7 asva7 •szy • Jo: uc2ap „ay7 Jo �uauzu caouaucoa Jo -apvp . • ayf;uodn.6ui : 'a 7vy7 sv i oinpuoa pu%:cap.io,poo6,s% 07,d7. 2d pasva7 ayp :puv `iuo.cJ -a¢ a: sal ay7. /o, f ayp aaoiva.c_ `n,j pasva7,af7 .a7vova,'7soa ,s7z pro p7roys aassa7 ay7 t - . as sap ay) nq upcp N.i,c7�7? -.ia osudj silo, Ju.uutJuezd.ce 91(7, v.r,wJdq .av W ` 7u(J. .',O •fiuvduc0o zi ozpzi.cod.coo a{ans Jo jzJaua lima' tia6,ay7 .io/ aq . asva7,:ay7. Xnupducoa palv.cod.coauvfzuv o7 puapxa 07 pan z7suo0 aq 77v'tf s. p uia.iai1. `.caaarnoy . `6uzypoN • .uco.1Ja.caif7. asz,cv 7z/auaq Awn 07, .10 asva7 szy7, Jo 7.04 ,2.0. a.cvy.§ 6uv 67 pap7zucpv ' :aq..11m s .cauozssziu,uco,9 puapzsajj. 20 ssa.c6uo3, a7735apda�.10 10 .caqucayy 04 pia ;.6i• • • . . - - - _ -- r: - : �< . . `. iivcla .c`;o7'7Uazuiaaao;J- ay7�uodn 10.1,70:17q6'_ u v sii Jsuoa a q 7 7 v - i f s pauivluoo uza.ca y7oN . •aassai "aif7 fig- spaaoo #td ayp" Jo' uozjzsodszp• .co asnz = ai17- o7- 7oadsa.c-- y7znz_np /zgziz ubi7vtz74o . ou aavy 77v7is sazozjod .to nayod ay7-Jo siiazsz -ao :cd -ail ry7znzraouvp:coov -uz -aa a7.17-- . - nuv 115 `.iaznsuv•ay7 /v7l- `.caadnfoy `papzao.cd :ca• ay7 o7- pzvd aq.11vys spaaoo.cd.yons uay7..f,i1J.io /•7 as aaogvuza.,ay.sasod -2nd ay7- :coJ,aassa , 17 o7,pzvd•spaaao.ul:•a,y7.:a-avy 07 s.cnod° uOz7on:17sap ay7:..td11v ,Snvp -09 uzy7un nsuz ,a1/1 07 ouz7z-c , 4:t .aoz7ou, f9 ..,,72a7? 7ou sop u, 7ua- ' u.caao0, ay7.7uaaa ay7 u t 7vy7, puv, ` ,.! u.caao f azr7 op 07_ pp' aq pd d o:i7sap • . pa51)2uvp. I7.iad02d ay7 'J0 7uauca c a vpcla o zcoz1v` d2 ` izv ` iJ :cf� p.cinba o a.c 7ou sp . ,ayp - .7o aouzr7pg, nuv``pano.cJsp :i0 pa6vzunp n7.car • a zf7• J QS u vida. .cozpv.c07sa.i• `?c ayp ivda :c; .c0J, 'n7070sTasn aq- o7 ••aassa7•.a17 7,g o7t.avnv'. , q 77ziys i.cari,op ay c o•u %Jo -- uoi7da7a- a2f7 71)•`sa!, :dod' o - ` • •. :nai70d Ail Jo -spaaoo.cd- a717-aapu2 - ....2f7 c i17:.ui•:7py7 apzao:cd-?pvys aouv.czisui, lions• flu! - - auapzaa' sazoz /od .co _fiaz7o ,, •. v,aauz6 i v , 4 . 2")'sz- -a o7 - aauv..t.nsuz .Jo.;sa.7vaz�27..aa.:io; ,aaup.cns • -uz: Jo a7vo zl.cao .co ,.mod .co noz7od.7v 0 •z.co ay7 .caylio zjszu.cn /,,puv `sazuvducoo „to ,nuvducoo • a14zsuodsa.c nit • •co.tJ aoicv.c2zsuz y a.cnoo.zd 7'pvysr 'Ail Joa.failp azi7roa a1gv.crisuz.77n1 a7i7 - - o `17`tad•'' , paszid7 Ail' uo - saia2.7od'.io ' naz1od'aaziv.c2isz• u a(v.cacioo papua7xa' p uro aa'iy- p,evpiivp•s : 7) s7z 777 7q,v7uzv2u puv• a.cicao.cd ilvys aassa7 Ail asvap szy7 /0 su0z7:4)u06'=liuro •szcozsza'o:cd'5i17 1 7uurcJ.-,id 6.1.cdd0.4.4l poSue2 ay7 /0 220t3Si330d t22 32 ooSJO2 oc27 JU.pu gV12S .oOJ.imil •$l • • 23. That all notices to be 1 ' ivant to this lease shall be addred, if to the lessee to • • C of Seal Beach,-. / Eighth Street, Seal Beach, CA 90740; • c, ; if to the Government to the Commander, U. S.•Army.Corps of Engineers, Los Angeles District, P. 0. Box 2711, Los Angeles, .CA 90053, • or as. may from time to 'time otherwise be directed by the parties. Notice shall be deemed - to have been duly given if and when inclosed in a properly sealed envelope, or wrapper, addressed • as aforesaid and deposited postage prepaid (or, if mailed.by the Government, deposited under its franking privilege) in a post office or branch post office regularly maintained by the United • States Government. 24. The lessee warrants that no person .or selling agency has been employed or retained to 'solicit or secure this lease upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the lessee for the purpose of securing business. For breach or violation of this warranty the Government shall have the right to. annul this lease without lia in ts,,:discretion to require the lessee to pay, in addition to the lease rental or consideration, the-full amount of such commission, per entage, brokerage,,.or contingent fee. • f } • ") re`duces .the..area_.,covered thereby prior to the da. expira • - . , an equitable adjust - "ment in the- rental ,paid or • thereaf ter • • • uns er this lease shall be made: Provided, how t w hat ti • . s ,811 not pf ' n the event of revocation because of a breach . /� • . r n • • • • 26.That prior to execution of this lease conditions- were deleted,..-revised and added in. the following manner: Revised: Conditions Nos. 5, 7, ,15-'and 22. • - Deleted: Conditions Nos. 1, 2, 12, 13, 17, 18, 20,. 21 and 25. • • Added:' Conditions Nos. 26 through 51 and pages 7, 8, 9 and 10, attached hereto and made parts hereof. • • • This lease is not subject to Title 10, United States Code, Section 2662. .. , • • 9 ' • . 4264 # 9SE- >OE- o=B96I ]] I3d09NI1NI8d LN37.11 Z}' _ -. • • _ (aT4T111 �- _ =� = :JO aauasa.1d a 1 uz papas p v pau6 s. • - -- - - - - (71/4/ -- - - -- -- ; ,aurnM) (ivas) • HOV3S 'IKaS dO ' £8 6I ` ' 2- /o fcvp' 2/ siv0 aassal a4y1 fig palnaax'a osly sz rSTIN7 SIH.L • ritIVIThrthrtIN- 1;'{ erto m l/ 10; } • aggog ' =woo • • £8 61 . r • 1 AP P /o five v•i►) spo fiui.cv at{1 /o . I.cvla.taaS ay1 /o fiq puny fiuc .1as oluna.ia'y a 1 .1O32 SSNN.LIA1 NI - uoz ;oa.x • Los Alamitos Armed Forces Reserve Center Lease No. DACA09-1-82-350 27. This is a co-use lease as the land granted is required as a safety zone for the air field. No use or activity will be permitted which would interfere with this primary use of the said premises. 28. The lessee shall install security fence along the perimeter where the proposed park site abuts the installation, not less than 7 feet high plus three (3) strands of barbed wire to include any easements. 29. The lessee shall provide egress and ingress to the park facilities from local streets. No access will be permitted through the installation. 30. The lessee shall establish policy and procedures to ensure security.. from trespass by park patrons in the Armed Forces Reserve Center and Government Housing Area. 31. That any change in the grade elevations or new paved areas that may be installed, shall provide drainage to prevent flooding of Armed Forces Reserve Center, Government housing, private residence and commercial property in the area. 32. That the lessee shall provide for all utilities and connections and no utilities shall be furnished by the Government. 33. The lessee shall set limitations regarding the hours of use and type of activities to be conducted. 34. The continuous maintenance of installed fencing and other park facilities will be the responsibility of the lessee without cost to the Government. 35. That pest and weed abatement/control will be provided by the lessee at no cost to the Government. 36. That the lessee shall submit all plans for improvements to be made to the leased property to the Commander, Armed Forces Reserve Center for review and approval, prior to bidding for contract or start of any work. 37. That the lessee shall not discriminate against any person or persons because of race, creed, color, sex or national origin in the conduct of operations on the leased premises, provided under Exhibit "C" , attached and made a part hereof. 38. That at the time of the commencement of this lease the lessee will obtain from a reputable insurance company, acceptable to the Government, liability or indemnity insurance providing for minimum limits of $100,000.00 per person in any one claim, and an aggregate limit of $300,000.00 for a number of persons or claims arising from anyone incident with respect to bodily injuries or death resulting therefrom, and $150,000.00 for damage to property suffered by any person or persons. 7 • Ili • Los Alamitos Armed Forces Reserve Center Lease No. DACA09-1-82-350 39. That during the entire term of the lease, the said lessee shall be responsible for maintenance, protection, repair and restoration of the leased premises to the satisfaction of the said officer. 40. That the lessee shall pay to the proper authority, when and as the same become due and payable, all taxes, assessments, and similar charges which, at any time during the term of this lease, may be taxed, assessed, or imposed upon the lessee's interest in the leased premises. In the event any taxes, assessments, or similar charges are imposed, with the consent of the Congress upon property owned by the Government and included under this lease (as opposed to the leasehold interest of the lessee therein) , they shall be paid (1) by the Government, in which event this lease shall then be renegotiated .— to increase the consideration provided above in the amount of such taxes, assessments, or similar charges paid by the United States, or (2) at the option of the Government, by the lessee, by the United States, or (2) at the option of the Government, by the lessee. 41. That in order to protect the United States against claims for damages which might arise out of the use and occupation of said recreational areas by persons to whom the lessee may grant concessions or licenses, the lessee herein agrees to insert a condition in such concession or license, which it grants pursuant to Condition No. 5 hereof, which shall be in substantially the following form: "The concessionaire or licensee, in consideration of the granting of this concession or license, agrees to indemnify and hold the United States harmless from any and all claims or rights of action for damages which may or might arise or accrue to said concessionaire or licensee, the officers, agents, servants, employees, or others who may be on the licensed premises at his invitation or the invitation of any one of them by reason of injury to the property, or the person of any of them resulting from the entry upon or the use of the licensed premises by the United States for any purpose. " 42. That the lessee shall not permit gambling on the said lease premises, or install or operate or permit to be installed or operated, on the leased premises, any device which, in the opinion of the said Commander, is contrary to good morals or is otherwise objectionable; or sell or permit to be sold on the said premises intoxicating liquors; or use the said leased premises or permit them to be used for any illegal or immoral business or purpose. There shall not be carried on or permitted upon the said premises any -activity which would constitute a nuisance. 8 • Ill Los Alamitos Armed Forces Reserve Center Lease No. DACA09-1-82-350 43. That the said officer may terminate this lease at any time by giving thirty (30) days' written notice to the lessee (a) in the event the premises are required for military purposes in conjunction with the operation of the Armed Forces Reserve Center or (b) during any national emergency, present or future, declared by the President or the Congress of the United States or (c) in the event the Secretary of the Army determines that termination of this lease is necessary in the interest of national defense or (d) in the event the lessee violates any of the terms and conditions of this lease and continues and persists therein for a period of thirty (30) days after notice thereof in writing by the said Commander. 44. That in furtherance of the purpose and policy of the National Environmental_--. _. _- Policy Act of 1969 (Public Law 91-190, 42 U.S.C. 4321, 4331-4335) and Executive Order 11514, entitled "Protection and Enhancement of Environmental Quality," March 5, 1970 (35 Federal Register 4247, March 7, 1970) the lessee recognizes the importance of preservation and enhancement of the quality of the environment and the elimination of environmental pollution. Actions by the lessee will be after consideration of all possible effects upon the project environmental resources and will incorporate adequate and appropriate measures to insure that the quality of the environment will not be degraded or unfavorably altered. 45. That the premises covered herein shall be used only for public park and recreation purposes. 46. That the lessee will provide necessary maintenance and repair of access route to the park site as required by the Installation Commander. 47. That the lessee will maintain the drainage ditch and road shoulders along the access easement. Installation of the fence along the access easement will be coordinated with the Installation Commander to ensure there is no restriction to drainage. 48. That all non-Federal rights-of-entry, easements, permits or similar actions that may be required in order to construct the park facilities shall be procured by the lessee prior to commencing construction. 49. That all construction of the park facilities, and operation and maintenance thereto shall be at the sole expense of the lessee at no expense to the Government. 50. That the lessee shall pay to the United States a nominal rent of One Dollar. ($1.00) per annum for a total sum of TWENTY-FIVE DOLLARS ($25.00) for the term of the lease and also pay an additional amount of TWO HUNDRED FIFTY DOLLARS ($250.00) to cover adminstrative costs. The lessee shall also pay to the United States on demand any sum which may have to be expended after the ex- piration, revocation, or termination of this lease in restoring the premises to the condition required by Condition No. 20 (Alternate) hereof. Compensation shall be made payable to the Finance and Accounting Officer, USACE, LAD and forwarded by the lessee direct to the Commander, U. S. Army Engineer District, Los Angeles, P. O. Box 2711, Los Angeles, California 90053. 9 i • • Los Alamitos Armed Forces Reserve Center Lease No. DACA09-1-82-350 51. This lease when executed will supersede Lease No. DACA09-1-82-13 for all intents and purposes. 10 • • • • DATE: 23 September 1981 UNIT: "G" ACREAGE: 13.09 'f- PROJECT: Armed Forces Reserve Center, hs Alamitos LoCATioN: Orange County, California FILE: 697-K-7 OIIIGRANT TO TUE CITY OF SEAL BEACH FOR PARK SITE That portion of the Northeast quarter of Section 32, Township 4 South, Range 11 West, in the Rancho Los Alamitos, in the City of Los Alamitos, County of Orange, State of California, as per map filed in Decree cf Partitican in the Superior Court of Los Angeles County, State of California, Case No. 13527, a certified copy of the Final Decree of said case having been recorded February 2, 1891, in book 14, page 31 of deeds of said Orange County, and as per map of Tract No. 5961 in the City of Seal Beach, County of Orange, State of California recorded in book 217, pages 41 through 44 inclusive of Miscellaneous Maps, records of said Orange County, described as follows: PARCEL 1: PARK SITE Commencing at the centerline intersection of Tampson Avenue and Rose Street; thence North 0° 11' 35" East 540.00 feet to the TRUE POINT OF BEGINNING; thence North 89°' 48' 25" West 1127.44 feet parallel to the centerline of Lampson Avenue; thence North 0° 11' 35" East 500.00 feet; thence South 89° 48' 25" East 788.92 feet; thence South 50° 35' 55" East 399.78 feet; thence South 6° 26' 19" East 248.95 feet to the 'TRUE POINT OF BEGINNING. Containing 11.79 acres, more or less. PARCEL 2: ACCESS EASEMENT TO PARK SI'Z'E Comencing at the centerline intersection of Lampson Avenue and Rose Street; thence North 0° 11' 35" Fast 40.00 feet; thence North 89° 48' 25" West 1077.44 feet parallel to the centerline of Lampson Avenue to the Y'HUE POINT OF BEGINNING; thence North 89° 48' 25" West 528.56 feet; thence North 0° 11' 35"East 50.00 feet; thence South 89° 48' 25" East 478.56; feet thence North 0° 11' 35" East 450.00 feet; thence South 89° 48' 25" Fast 50.00 feet; thence South 0° 11' 35" West 500.00 feet to the TRUE POINT OF BEGINNING. Containing 1.12 acres, more or less. EXHIBIT A lop • • PARCEL 3: iT'ILITY EASEMENT TO PARK SITh Commencing at the centerline intersection of Lamson Avenue and Rose Street; thence North 0° 11' 35" East 40.00 feet to the TRUE POINT OF BEGINNING; thence South 89° 48' 25" East 15.00 feet parallel to the centerline of Lampson Avenue; thence North 0° 11' 35" East 526.00 feet; thence North 89° 48' 25" West 18.02 feet parallel to the centerline of Lampsoh Ave; thence South 6° 26' 19" East 26.18 'feet; thence South 0° 11' 35" West 500.00 feet to the TRUE POINT OF BEGINNING. Containing 0.182 acre, more or less. Written by e 5. (C. Checked by File No. 697—K-7 EYH. IBLi A ,-.- I • • . . . , . . . • , . . • . • ' . , . I , . • . • , N9 14.0.1135E. tiro 50.00' frg7 21 ±. 7: _ 1:. „ „ . z _i 0 'al „ ,- ....7. A , , , t _ .t. . m 450' N.0•11.35.E. m• . - • 4 . .... . ... ........ . .. '' '' ' ': '.........../..X..500.00'...ff*.I*2...*::::::*:...-. -4-.-I t ,,± 45;:l \ \ ¼ ,)-- 0 , .. • ,/„..---,‘ • . --4r1 S.0'11 35. vi. 500.00 : 0 - .."- • ::.. 1 lg- 1“im 10 i / r 1 r m 0 f 1 I 300 I 1 to A m ro ri t ' I • K ,0 b ,i Ii• I- \ . ,. •/' I Of ! I la "0 tin m co 0 ( I a m c., 0 ra CO z iv-2 -- , z -4 rn .., 0 5 I ^ I _ I z ; 0 a r " ig r - - . , 0 a - I :-..... w , z 1 z . 14. • 1 ....:. z ba A ° 0 I 300' I V: co co ru _ - I :.•.• _.... DD ,D • D., * - ••• cD I .-4 •—• 77. I [.:.:.: .-.• — 1 — Pciii , r.., ..4 ! N 1 4, ////‘ \ ..7. . :•:: I \ \ i' a \ ,....: ..... a. \ \ — — w —I o \ N. .., / r > _ \ -- ■ ‘- ---1. --->/ 0 -13 m C D0 0 o 0,- rn rn -0 m Q m I+ -- Y.-: Mm moo ••• -4 -A. r.: :-,' w , rn 0 0 fl -4 -4 :q 2 u; ...i. -..s.c im Pi Al -- •> 0 CI' I- I- I- -A al < .4 - 50. . . . r Z Z Z 0 0 C ITI .A \e■ - ...;- *.• ' ---• 0 0 0 -,0 z Z A R• 330' ... . rn o \ elk-t \ ‘ •.•. -( -< m . .t / • /-- a m Ot- T x ■ .::::::::::111::::::. > no % .... , u.)- -C-‘ n3 RI mz :0. & J 0 ..a ••- .... -3 0 Do :*) 0 •••• .... 003 0 Z 0" 60% O Mm I+ , ..... io o , a 0 0 Pi ..... ■) c -r1 r 21 0 ..... ■••• ..... co '..., rt. c---; • zz A -4- ta "- -, 2 • v ..... • ..... C PI -Z _2 ..... 0 p% 0 g w 4 7) 0) 1 tv > c:I b 0 z ,c 1 g - .243-.......... 41flit-..-.-. .. . , 540.00: 1/4 : 500.00* -; .., 61 92,.9•S •Z•fre:•:•:•:•;•:•:•:•;•:.;...:•:.. .::::?:::.:.:•:•:.:.:•:.:.:.:.:.:•:•:.:•:%...:•:•:h,,4 '3.. • J.-. N.0•11.35.E. .7 526.00' a HS. nil i V)3 re • CD it m 6 0 In 1-.. a -I N ✓ n tr, 0 Gl fa , - P- •• 72) --; Cr:0 - )2, 0 t CT (D - 0 ‘C m to 0 ‘ra -I 0 1_, .., - 0m Mm IM p. 4 5M 3, 1,W o VIn 0.t., m I.A -I la 0 in-I z co -t-( caw 1-' I-- Z an . ,,[0 ,_, , - z oc ri, 0- m 0 z g. , )sommo. . !; )11.--__ z r- cu -i 01 om $ ■1 '.h, . • fil rxt, .. . CATEGORICAL EXCLUSION ARMED FORCES RESERVE CENTER ARBOR PARK LEASE EXTENSION Los Alamitos, Orange County, California The City of Seal Beach is requesting an early extension of the lease of Arbor Park. This lease extension will add twenty-one (21) years to the remaining four (4) years under the existing lease term, for a total lease period of twenty-five (25) years. Lease term commences on August 1, 2002 and terminates on July 31, 2027. The City is proposing to invest significantly on improving the premises and desires to have a twenty- five (25) year lease prior to committing the fiscal resources. The park site is intended for public use and recreational purposes. The park site consists of three (3) parcels of land covering an area of approximately 13.092 acres. Parcel 1 (Park Site) covers 11.79 acres, Parcel 2 (Access Easement to Park Site) covers 1.12 acres, and Parcel 3 (Utility Easement to Park Site) covers the remaining 0.182 acres. Arbor Park is a heavily used facility that supports organized soccer leagues and other recreational activities. An extension of the lease would allow the City to pursue needed improvements to the park premises in the folio of a commercial lighting system for the existing soccer field. The local American Youth Soccer Organization has assisted the City with improvements to Arbor Park and has indicated a willingness to continue to make improvements. This partnership will help ensure that Arbor Park is maintained in- an outstanding manner. Seal Beach has limited athletic fields to support the demand for organized sports in the community and Arbor Park is vital in meeting the needs for the athletic fields. Based on the analysis and evaluation carried out, it is my determination that the proposed action is considered to be routine renewal and minor amendments of existing real estate grants evidencing authority to use government-owned real property, and does not have a significant environmental impact. No floodplains or wetlands will be impacted by this proposal. Los Angeles District archeological staff has determined that the proposed undertaking does not have the potential to cause effects on historic properties. Coordination with the California State Historic Preservation Officer is not required. Pursuant to 36 CFR 800.3(a)(1), the Corps has no further obligations under Section 106 of the National Historic Preservation Act. I have determined that this proposal is an action of limited size and magnitude, and therefore it constitutes a categorical exclusion for the need to prepare a formal environmental assessment document. // /1 Sir/-17 a i T • 1 This decision is subject to administrative review. The responsible official is Colonel Richard G. Thompson, District Engineer, U.S. Anny Corps of Engineers, Los Angeles District, P.O. Box 532711, Los Angeles, California 90053-2325. ,A-,-/k `Zoo—Z / G - DATE 0 Richard G. Thomps Colonel, Corps of Engineers District Engineer • • • ASSURANCE OF COMPLIANCE WITH THE DEPARTMENT OF DEFENSE DIRECTIVE UNDER TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 CITY OF SEAL BEACH (hereinafter called "Applicant-Recipient ') (Name of Applicant-Recipient) HEREBY AGREES THAT it will comply with Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and all requirements imposed by or pursuant to the Directive of the Department of Defense (32 CFR Part 300, issued as Department of Defense Directive 5500. 11 , December 28, 1964) issued pursuant to that title, to the end that, in accordance with Title VI of that Act and the Directive , no person in the United States shall, on the ground of race, creed, sex, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Applicant-Recipient receives Federal financial assistance from DEPARTMENT OF THE ARMY and HEREBY GIVES ASSURANCE THAT it will (Component of the Department) immediately take any measures necessary to effectuate this agreement. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Applicant-Recipient by the DEPARTMENT OF THE ARMY , assurance shall obligate the Appli- (Component of the Department) cant-Recipient , or in the case of any transfer of such property, any trans- feree, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is so provided, this assurance shall obligate the Applicant-Recipient for the period during which it retains ownership or possession of the property. In all other cases, this assurance shall obligate the Applicant-Recipient for the period during which the Federal financial assistance is extended to it by DEPARTMENT OF THE ARMY (Component of the Department) THIS ASSURANCE is given in consideration of and for the purpose of obtaining any all all Federal grants, loans, contracts, property, discounts or other Federal financial assistance extended after the date hereof to the Applicant- Recipient by the Department, including installment payments after such date on account of arrangements for Federal financial assistance which were approved before such date. The Applicant-Recipient recognizes and agrees that such Federal financial assistance will be extended in reliance on the representations and agreements made in this assurance, and that the United 1 rXH (BI T C • fit fit States shall have the right to seek judicial enforcement of this assurance. This assurance is binding on the Applicant-Recipient, its successors , transferees, and assignees and the person or persons whose signatures appear below are authorized to sign this assurance on behalf of the Applicant- • Recipient. Date /� fTTY OF SPAT. BRACH (Applicant-Recipient) By �a �i / (Pre nt , Chairman of Board, or comparable authorized official) (Applicant-Recipient 's Mailing Address) 2 1. . • 11,-4 [ r Tr: • I • • Q�'-. �, DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS W 11 °°' ✓+ P. O. BOX 2711 m LOS ANGELES, CALIFORNIA 50039 SPLRE-MM-(E) 17 March 1982 Mr. Jack Osteen Director of Recreation City of Seal Beach 211 Eight Street Seal Beach, CA 90740 roar Yr. ^:t.een: Reference is made to Lease No. DACA09-1-82-13 for the property at Los Alamitos Armed Forces Reserve Center, Orange County, California. Confirming a telephone conversation between you and Mr. Demey Quismorio of our office on 15 March 1982, inclosed is a revised page 8 of the reference lease. Condition No. 38 was re-writeen to provide payment for $255.00 to the United States. This amount includes both the rent and administrative cost. Also the words "Treasurer of the United States" were changed to read, "Finance and Accounting Officer, USACE LAD." No other changes were made to conditions Nos. 39-41 as contained on page 8. Please remove page 8 on your file copy of the lease and in lieu thereof insert the inclosed revised copy of page 8. Before responding to your letter of 20 February 1982 regarding your request to change the term of the lease from five (5) years to twenty (20) years, we are waiting for advise from AFRC Los Alamitos on their recommendation to the Chief, National Guard Bureau in Washington, D.C. to approve your request. Thank you for your cooperation in this matter. Sincerely, 1 Incl CARL A. HEST as Chief, Management & Disposal Branch Real Estate Division • 1 s 38. That the lessee shall pay to the United States compensation in the amount of Two Hundred Fifty-Five and N0/100 Dollars ($255.00) , for the term of the lease payable in advance, and the lessee shall also pay to the United States on demand any sum which may have to be expended after the expiration, revocation, or termination of this lease in restoring the premises to the con- dition required by Condition No. 20 (Alternate) hereof. Compensation shall be made payable to the Finance and Accounting Officer, USACE LAD and forwarded by the lessee direct to the Commander, U.S. Army Engineer District, Los Angeles, Corps of Engineers, P.O. Box 2711, Los Angeles, California 90053. During the entire term of the lease, the said lessee shall also be responsible for mainten- ance, protection, repair and restoration of the leased premises. 39. That the lessee shall pay to the proper authority, when and as the same become due and payable, all taxes, assessments, and similar charges which, at any time during the term of this lease, may be taxed, assessed, or imposed upon the lessee's interest in the leased premises. In the event any taxes, assess- ments, or similar charges are imposed, with the consent of the Congress upon property owned by the Government and included under this lease (as opposed to the leasehold interest of the lessee therein) , they shall be paid (1) by the Government, in which event this lease shall then be renegotiated to increase the consideration provided above in the amount of such taxes, assessments, or similar charges paid by the United States, or (2) at the option of the Government, by the lessee. 40. That in order to protect the United States against claims for damages which might arise out of the use and occupation of said recreational areas by persons to whom the lessee may grant concessions or licenses, the lessee herein agrees to insert a condition in such concession or license, which it grants pur- suant to Condition No. 5 hereof, which shall be in substantially the following form: "The concessionaire or licensee, in consideration of the granting of this concession or license, agrees to indemnify and hold the United States harmless from any and all claims or rights of action for damages which may or might arise or accrue to said concessionaire or licensee, the officers, agents, servants, employees, or others who may be on the licensed premises at his invitation or the invitation of any one of them by reason of injury to the property, or the person of any of them resulting from the entry upon or the use of the licensed premises by the United States for any purpose." 41. That the lessee shall not permit gambling on the said leased premises, or install or operate, or permit to be installed or operated, on the leased pre- mises, any device which, in the opinion of the said Commander, is contrary to good morals or is otherwise objectionable; or sell or permit to be sold on the said premises intoxicating liquors; or use the said leased premises or permit them to be used for any illegal or immoral business or purpose. There shall not be carried on or permitted upon the said premises any activity which would constitute a nuisance. 8 (revised) E' DEPARTMENT OF THE ARMY 6e� 2\ LOS ANGELES DISTRICT, CORPS OF ENGINEERS W * ezn; P. 0. BOX2711 ;;;,(111:,'s LOS ANGELES, CALIFORNIA 90053 4�} cr4r, SPLRE-MM-(E) 18 January 1982 S°, Mr. Jack Osteen Director of Recreation City of Seal Beach aw 211 Eight Street '„:44 b'bzti' Seal Beach, CA 90740 �'., •'.. Dear Mr. Osteen: Inclosed for your records is a fully executed copy of Lease No. DACA09-1-82-13 for development of a public park site in the Los Alamitos Armed Forces Reserve Center, Orange County, California. As requested in our letter of 22 October 1981, please send us a cashier's check or money order for the sum of $255.00, made payable to the Finance and Accounting Officer, USACE LAD. The $5.00 is for payment of rent as specified in Condition No. 38 of the lease. The remaining $250.00 is for payment of administrative cost. A collection voucher is also inclosed. As required in Condition No. 27 of the lease, please furnish us a certificate of the insurance policy for our records. Thank you for your cooperation in this matter. Sincerely, 2 Incls CARL A. HESTER .¢ as Chief, Management & Disposal Branch t. Real Estate Division ;''' C'•ARTMENT OF THE ARMY • LEASE _.: OF PROPERTY ON ARMED FORCES RESERVE CENTER MILITARY RESERVATION LOS ALAMITOS ORANGE COUNTY, CALIFORNIA No. DACA09-1-52-13 THIS LEASE, made between the Secretary of the Army, of the first part and THE CITY - OF SEAL BEACH, a municipality of the State of California, of the second part, WITNESSETH: ' That the Secretary of the Army, by virtue of the authority contained in Title 10, United States Code, Section 2667, and for the consideration hereinafter set forth, hereby leases to the party of the second part, hereinafter designated ds the lessee, for a term of five (5) years , beginning 1 January , 1952 31 December 1956 but revocable at will by the Secretary and ending , , of the Army, the following described property for the developement of a public recreational park, together with egress and ingress over Parcel No. 2 and utility right-of-way over Parcel No 3, the areas comprising Parcels 1, 2 and 3, containing a total of approximately 13 .092 acres of land within Los Alamitos Armed Forces Reserve Center, Orange County, California; more �lam particularly described in the. legal description File No. 697-K-7, marked Exhibit A and at locations substantially as shown on Drawing No. 697-n-7, marked Exhibit B, both attached hereto and made parts hereof. . s.. wik 4' • • EORN 1367 END ' 1 lAN 68 REPLACES EDITION OF 1 DEC. 62, WHICH IS OBSOLETE (ER:0;;-1-830) . . TNIS.LEASE is gra.subject to the following conditions: • ' ' - 1. .=keel-t1o6-lessee-shall-pay--ta-tae_Lnit,.d_St & ental it the.amaurt n _ k: (p�'� .� , . , rn, payable c in advanceJa -oVlessee s (L�lso-fay to the United States on • demand any sum which may have to kg Wrided-a ter the expiration, revocation, or termi- nation of this lease in est itg-tlec'\W'nnises to the condition required by Condition No 20 hereof: Compensation. shall be rihde payable to the Treasurer of the United States and .-.wr y-three--les o- a 2._Thri ca of 1a6 =snra ws ment do Ee o{ tkis lease a dna 'i.or c. d coaidi:wu mart sr of all personal property and improvements of the Government included in this 1 e✓s7ia1! be • . made by a representative of the Government and a representative of the ee to reflect the then present condition of said property. A copy a4id invent pare. condition report shall • be attached hereto and become a part hereof, a f 4 vas i�:gtnally incorporated herein. At r the expiration, revocation, or termination of tensernilar inventory and condition report . • • shall be prepared and submitted to the PQ Engineer, q T` hereinafter designated as "said officer," said . inventory and condition re, -t-To ety Lute the basis for settlement by the lessee with said - .... - officer for leased pro.- y shown to be lost, damaged, or destroyed, any such property to be • either replaced restored to the condition required by Condition No. 20 hereof, or at the `j PISPA electio. • the Goverment reimbursement made therefor by the lessee at the then current • x- /eat eclae then of 3. That the lessee has inspected and knows the condition of the teased property, and it is understood that the same is hereby leased without any representation or warranty by • • the Government whatsoever, and without obligation on the part of the Government to make any alterations, repairs, or additions thereto. • ' 4. That, subject to the limitations of Condition No.,201ereof with respect b the restores- lion of the property, all portions o the leased pro t t . "' f party:Shat? a. all times be protected and Y-<'• r'maintained in good order and conditio n-by and at the e:pense of the lessee: - - • 5. That the lessee shall neither transfer nor assign this lease or any-property on the "demised'premises, nor sublet'the demised preiiiisei dr any -part thereof or ary'property VT thereon, nor grant any interest, privilege, or license v atsoet,er in connection with this lease without permission in writing from the said officer; oa'-, '-officer being the Commander. U.S. ;i^. ere District, Los oyn tics, CA• 6. That the right is hereby reserved to the United Steles,t.S oft cers,agants,mid emplcyc�cs '-"to enter upon the said premises at any time foe the'purpose of inspection- and irve: for and --- when otherwise deemed necessary for•the protection of the interests of the Government, and ''<the.`lessee shall have`no claim of any character'on account thereof against the United States -Leer or any officer, agent, or employee thereof. 1.c.c' 7. :That the United States'shall not be responsible for damages to properly-or injuries to persons which may arise from or be incident to the use and occupation of the said premises, ,rt„ or for damages to the property of the lessee,-an-roe-iirjtixies=to-Lre-.jpa=;on4f-thane. ss [an_ t' e�f inelitiduel1;?:or .for damages to the property or injuries to the person of the lessee's.ofcers, ;-.- '" agents, servants, of employees. or ethers who may-be"oii'•'said invitation %1 J' premises at their invitation'or the invitation of any one of them, arising from governmental activities, and the lessee shalt ' :"-" • hold the United States harmless from any and all such claims. - r,.‘-'4.... 8. That the lessee shall at all times exercise due diligence in the protection of the demised s' ' premises against damage or destruction by fire and other causes. Fr 3. ;- 9. That any g destroyed by • r` ' J property of the United States damaged or destr oyed bi the lessee incident to �y`a• the lessee's use and occupation of the said property.shal!be; F P pr in t? C:r.: Y repaired or replaced by � • , . the'lessee'to the satisfaction-of-the -Said 'officer,Orlin lieu of Such repair or replacement the r`% lessee shall, if so required by the said officer, pay to the United States money in an amount " sufficient to compensate for the loss sustained by the United States by reason of-damages to or destruction of Government`p rope%`h:: :t ,,:: I .: - . :i.j:,•.- i- .7.7.-.1 :' hew 10. That the lessee shall cut.no tiinber,°eonduct no mining or drilling operations, rarer✓,ve no-sand, grave!, or kindred substa::ces from the grourdj'except in the exercise of mineral rights ' heretofore reserved to the record owner thereof, commit no waste of any kind, or in any manner • substantially change the contour or condition of the property hereby leased, except changes required in carrying out soil and water conservation measures. - • f. _ __ __ ♦ter• i. v , 11, That the lessee shall comply with all applicable laws, ordinances,s, and regulations of : ter; 1-._ 'the State, county, and ru:nicipaIity wherein the said demised premises are located,with regard to construction, sanitation, licenses or permits to do business,and all at her,nc,tters. • 12-:chat--the-fosse; shall--net comsrr_crt nnu_pirr eat sit-lieu-a nn-tile ^^id dnt sed premises, and shall not construct_ v letga- h Abc4i4ire or advertising sign thereon with- - cut tra-_prior .idritten-c rnsert oLthe Slr_ol beer. 13,-The--the.-lessee-shall-pey-ta-the--proper autho4tyrwhem-and-as-tho-eame-1.=;omos d Le and payable, all taxes, assessments,•a.nd. similar charges, which at any time during inert ��` of this lease, may be taxed, assessed:orti;rpoged upone{he Government or upon t : essee with - -a respect to or upon the leased prestiseS:' In the'event'any taxes, assessment- r similar charges '° are int posed with the consent of the Congress upon property own y the Government and ' - included in this lease'(as oppssed to the leasehold interest a lessee therein); this lease shall be renegotiated•so as to accomplish an equitable,: uction in the rental providetabove, which shall not be greater than the d�4.;�enrct&t ft mount of such taxes,assessments, • or similar charges and the amount , a es-Z: s . m, is or similar charges which were imposed upon such lessee with respect--to his leasehold interest in the premises prior to the z granting of such consent by th ongress; provided that in the event that the parties thereto t • . are unable to agree wit' •n 90 days from the date of the imposition of such taxes,assessments, r '' or similar charges r: a rental which in the opinion of the said officer, constitutes a reason- •able return . e Governnent on the leased property, then in such event, the-said officer shalt haveJh right to determine the amount of the rental, which determination shall be binding ;r: the.lesseesubject-to-appeal in-accordance-. ith-Condition_No._1g,-of-.this-tease - - 14. (a) That, except as otherwise•provided in this lease, any dispute concerning a ques- tion of fact arising under this lease which is not disposed of by agreement shalt be decided by the said officer, who shall reduce his decision to writing and mail or otherwise furnish a copy thereof to the Lessee. The decision of the said officer shall be final and conclusive unless,with- ;Se_ in 80 days front the date of receipt of such copy, the Lessee mails or otherwise furnishes to the . said officer a written appeal addressed to the Secretary of-the'Array. -The decision of-the Sec- e=sfa= retary or his duly authorized representative for the determination of such appeals shalt be final . . and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, or capricious, or arbitrary, or so grossly eh-oi;eous.as;necesscirily to iraply bad faith, or not ' supported by substantial evidence.'in`connection with any appeal proceeding under this con dition, the Lessee shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the Lessee shall proceed diligently - • . with the performance of the contract and in accordance with the said officer's decision. : •(b) This Condition does not preclude consideration of law questions in connection with decisions provided for in paragraph (a) above: Provided, that nothing in this Condition shall be F< • construed as making final the decision of any administrative official,representative,or board on a question of law. - 15. That this lease may be terminated by the lessee at any time by giving to the Secretary ,; of the Army, through the said officer, at least ten (10) days' notice thereof in'writin , -r •r - vided-4bs,*.,�easc of sutsh-tepo inatiors-no-refu*4-by the L'nu-Sev' s.ef-a t - ee-th-eretc:`ore -- • -p2-id-shall-be-.pad;-a R•Lprovideel-fur-'he 1 ` )eat-theseriartaike-is-pat-gists t_least :-> -ten-(10) dotye-cor-irrr tithe-.chits)' i-e-date-the-leac-ae-a]sll ba-xeguined-to-pay-the-re-ntal-for J pe*iatt or_zrr_n=sh.o:en-.irt Can:.it'on. Yo 1-hexe4. . . 16. That the use and occupation of the .premises leased hereby shall.be subject to the - • general supervision and approval of the officer having immediate jurisdiction over the property and to such rules and regulations as may be prescribed by him from time-to time. 17 That-the-iesse0-sins;'b-pay-the--costras-de?er min ed-by-th -ofte;-by g--irnmediate _, jurisdiction over the property, of producing end/or supplying any utilities am _oche se s r • furnished by the Government or through'Y;Qvernmotif rwred Jac ' iE fvr the use of the lessee, i , - ration and maintenance of the Gov- inclwlin-g the lessee's proportionate F' e�90.,tt if f ON enunert-owned facilities by whic.�. u!atties or services are. pro treed or supplies- The Government shall beurder-im-lb-ligation to furnish utilities or services. Payment shall he ;nade fir. t the prescribed by the officer having immediate jurisdiction over the property, ia,<r. arpo)tLir .'.ered-rnantitly - . 3 . • - - ^- -- — --- -- -- "` _ cam, ,•..1 c'- my. -sateh-pr:x (Lies.: .- ;c in_pnstis:uuL'of for Ire cr�I-j_r�f_pli r4)if,21t ). the'prbvisianS and conditions this lease the lessee shall procure ant t�!!Faintain at itsreost L '. ;* _ • ' • standard fire and extended coverage insurance policy or policies on the lcasert arty to • the full insurable value thereof. The lessee shall procure such insurance fen _ v responsible company or companies, and furnish either the original policy or pot -seer certificate of in- surance or certificates of insurance to,the District Engineer. a V policy or policies evidenc- ing such insurance shall provide that n9, 'i .,&u7 i''oss the under the proceeds of the policy • or policies, at.the election of the (-�; --yyr�7 r { 4 lh§i}r.ayable to the lessee to be used solely - for the repair,restoration or replal''�kjiLnhgf1,iz-ti. .,t42:13 damaged or destroyed,any balance o `` -f: the proceeds viot required for the repair, rest ration, or replacement of th. property damaged a it or destroyed to be paid to the net,t, and that in the event the Government does not elect • - by notice in writing to the inst r Govern 60 days after the damage or destruction occurs to - have the proceeds paid to tf`. essee for the purposes hcreinabovc set forth, then such-proceeds shall be -paid to thovernDient, provided, however, that.the insurer, after payment of any proceeds to theJessee in accordance with the provisions of the policy or policies shall have no obliyatior.otlliability with respect to the use or die; ositiorn of the proceeds by the lessee. Noticing-herein contained shall be construed as an obligation upon the Government to repair,- gato•• ---.six-r4.i'ars the reesE prspe"ty, or e-ny-part trr.r,.rcf . ._ . - - - . - 19. That no Member of or Delegate to Congress or Resident Commissioner..shall be �C admitted to any share or part of this lease or to any benefit to arise therefrom. Not hing, r ': Y .r� however, herein contained shall be construed to extend to any incorporated company,if the lease -?.-::'^ be for the general benefit of such corporation or company. '�" • 20.Tkatron-or-be fare-that-data-af-sx-piratian-o,Lth etzs�or- -l:s-tszs ;:ratis;a-?:?:-t-l: 4�-$8se, - the lessee shall at its cost vacate the leased property, remove the property of the lee t e t:ere- . from, and restore the leased property to as good order and condition as that t-isf`rcg upon. the date of commencement of the term of this lease, less ordinary wear a .ear and damage to the leased property covered by insurance and for which the Go • ment shall receive or has . received insurance funds in lieu of having the dam.a 4 property repaired; replaced, or :;'9- restored. If, however, this lease isr +jcl: � je I�ssr,: all vacate the teased property, remove a?' the property of the lessee therefro�k�hdf6?e.3 v� Wised property to the condition aforesaid within such time as-the Secretary of eCA rny may'designate. - In either event, if the-essee shall fail or neglect to remove t property of the lessee and so restore the leased property, then; at the option of the_S-,,retar y•of the Army. the property of the lessee shall either become the property of the t red States without compensation therefor, or the Secretary of the Army may cause got e removed and the leased property to be so restored at the expense of the lessee nir. no claim for damages against the United States or its officers er agents shall be • — ^red_b.y or made o ne-csrunt- f-suck..seine dvaL.ae-4-r-cs-o.r_a_'ion-vo rk. - 20 (ALTERNATE). That, on or before the date of expiration of this lease or its terrnina- `e-� '. Iron by the lessee, the lessee shall vacate the demised premises, remove the property of the lessee • therefrom,and restore the premises to as good order and condition as that existing upon the date of commencement of the term of this lease, damages beyond the control of the lessee and due to r :;y fair wear and tear excepted. If, however, this lease is revoked, the lessee shalt vacate the fr -.+ premises, remove said property therefrom, and restore the premises to the condition aforesaid ��; within such time as the Secretary of the Army -may designate. In either event, if the lessee _Y"> rfr shall fail or neglect to remove said property and so restore the premises, then, a: the option of ;.. the Secretary of the Army, said properly Shall.either ecome the property of the United States r-°y`: .b without compensation therefor, or the Secre!dTy'ef the Army may cause it to be removed and _ -.-'- the premises to be restored at the expense of the lessee, and no claim for de ages against the t' L° n United States or its officers or agents shall be created by or made an account of such removal ►>"�`e' and restoration work. T:,�;_ 21. T!•et._::f_snwrr t nn.ar_a-lcws.y}-rn n»?t ;-L!sdSr+ae--c-blig-atia:os-of.--sa 6-r✓:ssees ,,-. herein-co:ctaine-?-shall--b:_taint-ant klocli d )hr0, f LL I - t. • 22, That, except as otherwise specifically provided, any reference-herein to "Drs-sron Enginee-4, "District Engineer"'or "said officer" shall include his duly appointed successors . f:-_:._ and his authorized representatives. '1" ;, 1 • 1 r A a ' 8 ---3,„_ 0„..,6, 1. 5 .+• 'hat all notices to be given pursuant to this lease shall be addressed,if to the lessee to City of Seal Beach, 217 Eighth Street, Seal Beach, CA .90740, : 1�� ;if to the Government to the _ Cocrander, O.S. Any Corps of Engineers, Los Angeles District, CA 90353 - !" • . or as may from time to time otherwise be directed by the parties. Notice shall be deemed _ to have been duly given if and when inclosed in a properly sealed envelope,or wrapper,addressed as aforesaid and deposited postage prepaid (or, if mailed by the Government, deposited under its franking privilege) in a post office or branch post office regularly maintained by the United States Government. - _ .• 24. The lessee warrants that no person or selling agency has been employed or retained ~ Co solicit or secure this lease upon an agreement or understanding for a commission,percentage, K' ` brokerage, or contingent fee,excepting bona fide employees or bona nde established commercial * or selling agencies maintained by the lessee for the purpose of securing business. For breach or violation of this warranty the Government shrill have the right to annul this lease without liability or in its discretion to require the lessee to pay, in addition to the lease rental or - consideration, the full amount of such commission, percentage, brokerage, or contingent fee. t',;. Tire^ ht-td-e-etnezh %ni-led-States-remrvas-thrslecsea it say-other:nw t-- reduces the area covered thereby rri, rata thL�date of expiratinn,_!heseofr d"a equitable adjust- - ment in the rental paid or thereag� i' ':r'2;? 4v A jic-ff; this lease shall be made: Provided, however, that Chic .. visio sn.a 1 not apply in the event of revocation because of &breach ..�;�i:c. t e-ten ses-- -nd-eortlit,ions-of-this-let s-.. ��-" iy - } =ft That prior to execution of this lease conditions were deleted, revised and added in the . following manner: -? . - Conditions Nos. 5, 7, 15 and 22 were modified, Jy_' Conditions Nos. 1, 2, 12, 13, 17, 1S, 20, 21 and 25 were deleted, and - `�r ,'-,, . Conditions Nos . 27 through 48 cn added pages -.7-9" were added. • . . . . _ __ __ _ __ This lease is not subject to Title 10, United States Code, Section 2562. • S . . • /- IN WITNESS 1:WEREOE I here hereunto set rity hand by alilhority; ef the Secretary of th.f. Army f.b.15. 171 day of , 19 82: costa ;Pt& LI:C1 • . CHEAP E, JP.. Chief, Real Estate Divtr: on U.S. Army Corps of Engineers, Los Angeles THILEASE: Out,..dbyilteiessWthis 21St. Deceinbr , . 1981. - . . • CITY OF SEAT. BEACH z2 c ;;"1,; -edaCYCZ (7TCtir(f) (SEAL) .•••••:::‘"". , . (TITLE) '&•It;•..;;;;!, Sjyrycl '1-c ‘C yc of: maid r„— Nac.e) 44 ellA/e---2 40 4 ,ez (Address 'Aa/ (74._ 90 7V1,2 • • • 7. . • • • • • • • t.: .1. • It it r.”..-.1.c cove; rfr. .;s. • : . . • - j . . ) • Los Alamitos Armed Forces • Reserve Center. Lease No. DACA09-1-32-13 • 27. ' The lessee shall install security fence along the perimeter where the proposed park site abuts the installation, not less than 7 feet high plus three (3) strands of barbed wire to include any easements. - 28. The lessee shall provide egress and ingress to the park facilities from local streets. No access will be permitted through the installation. 29. The lessee shall establish policy and procedures to ensure security from trespass by park patrons in the Armed Forces Reserve Center and Government Housing Area. 30. That any change in the grade elevations or new paved areas that nay, be installed, shall provide drainage to prevent flooding of Armed Forces Reserve Center, Government Housing, private residence and commercial property in the area. 31. That the lessee shall provide for all utilities and connections and no utilities shall be furnished by the Government.- 32. The lessee shall set limitations regarding the hours cf use and type of activities to be conducted. 33. That continuous maintenance of installed fencing and other park facilities will be the responsibility of the lessee without cost to the Government. 34. That pest and weed abatement/control will be provided by the lessee at no cost to the Government. 35. That the lessee shall submit all plans for improvements to be made to the leased property to the Commander, Armed Forces Reserve Center for review 'and approval, prior to bidding for contract or start of any work. 36. That the lessee shall not discriminate against any person or persons because of race, creed, color, sex or national origin in the conduct of operations on the leased premises. 37. That at the time of the commencement of this lease the lessee will obtain from a reputable insurance company, acceptable to the Government, liability -or indemnity insurance providing for minimum limits of $100,000.00 per person in any one claim, and an aggregate limit of $300,000.00 for a number of -persons or claims arising from anyone incident with respect to bodily injuries or death resulting therefrom, and $150,000.00 for damage to property suffered by any person or persons. , • 7 • 411 410 38. That the lessee shall pay to the United States rental in the mount of One and No/100 Dollars ($1.00) per annum, payable in advance, and the lessee shall also pay to the United States on demand any sum which may have to be expended after the expiration, revocation, or ,termination of this lease in re- storing the premises to the condition required by Condition No. 20 (alternate) hereof. Compensation shall be made payable to the Treasurer of the United States and forwarded by the lessee direct to the Commander, U.S. Army Engineer District, Los Angeles, Corps of Engineers, P.O. Box 2711, Los Angeles, California 90053. During the entire term of the lease, the said lessee shall also be responsible for maintenance, protection; repair and restoration of the leased premises. 39. That the lessee shall pay to the proper authority, when and as the same become due and payable, all taxes, assessments, and similar charges which, at any time during the term of this lease, may be taxed, assessed, or imposed upon. the lessee's interest in the leased premises. In the event any taxes, assessments, or similar charges are imposed, with the consent of the Congress upon property owned by the Government and included under this lease (as opposed to the leasehold interest of the lessee therein) , they shall be paid (1) by the Government, in :which event this lease shall then be renegotiated to increase the consideration provided above in the amount of such taxes, assessments, or similar charges paid by the United States; or (2) at the option of the Government, by the lessee. 40. That in order to protect the United States against claims for damages -- - which might arise out-of-the use and-occupation -of said recreational areas by persons to whom the lessee may grant concessions or licenses, the lessee herein agrees to insert a condition in such concession or license, which it grants pursuant to Condition No. 5 hereof, which shall be in substantially the follow- ing form: "The concessionaire or licensee, in consideration of the granting of this concession or license, agrees to indemnify and hold the United States harmless from any and all claims or rights of action for damages which may or might arise or accrue to said concessionaire or licensee, his officers, agents, servants, employees, or others who .may be on the licensed premises at his invitation or the invitation of any one of them • by reason of injury to the property, or the person of any of them resulting from the entry upon or the use of the licensed premises by the United States for any purpose." 41. That the lessee shall not permit gambling on the said leased premises, or install or operate, or permit to be installed or operated, on the leased • premises, any device which, in the opinion of the said Commander, is contrary to good morals or is otherwise objectionable; or sell or permit to be sold on the said premises intoxicating liquors; or use the said leased premises or permit them to be used for any illegal or immoral business or purpose. There shall not be carried on or permitted upon the -said premises any activity which would consti- tute a nuisance. • 8 • pf-.5i-. ^y,ays Y,Z'tip..t`.+'PL�'l'+ t^-.."v�"r�-1'rga.-::'T-tF""»i ..� ♦ -»..-atFt 7` ' yr -rit-r.1"+ tim7 �:.:f+.� _ ..�,.._._. '.nf;'Y S" ;�T _ �'."�". .�3Ya'ra Ir-a'+��F.EY!^-cwrZ-=��' c . - 42: That the Commander may terminate this lease at any time by giving . -thirty (30) days' written notice to the lessee (a) in the event the-premises ere required .for military purposes in conjunction with the operation of the Armed Forces Reserve Center or (b) during any national emergency., present or future, declared by the President or the Congress of the United States or (c) in the event the Secretary of the Army determines that termination of this lease is necessary in the interest of national defense or (d) in the event the lessee - - violates any of the terms and conditions of this lease and continues and persists - therein for a period of thirty (30) days after notice thereof in writing by the said Commander. - - 43. That in furtherance of the purpose and policy of the National Environ- mental Policy Act of 1969 (Public Law 91-190, 42 U.S.C. 4321, 4331-4335) and ' Executive Order 11514, entitled "Protection and Enhancement of Environmental. Quality;" March 5, 1970 (35 Federal Register 4247, March 7, 1970) the lessee recognizes the importance of preservation and enhancement of the quality of the environment and the elimination of environmental pollution. Actions by the lessee will be after consideration of all possible effects upon the project environmental resources and will incorporate adequate and appropriate measures to insure that the quality of the environment will not be degraded or unfavor- ably altered. o 44. That the premises covered herein shall be used only for ..u»..3L-Ittc.d public park and recreation purposes. . 45. That the lessee will provide necessary maintenance and repair of access route to the park site as required by the Installation Commander. 46. That the lessee will maintain the drainage ditch and road shoulders along the access easement. Installation of the fence along the access easement will be coordinated with the Installation Commander to ensure there is no restriction to drainage. 47. That all non-Federal rights-of-entry, easements, permits or similar actions that may be required in order to construct the park facilities shall be procured by the lessee prior to commencing construction. 43. That all construction of the park facilities, and operation and maintenance thereto shall be at the sole expense of the lessee at no expense to the Government. 9 • - • • • R,a - DATE: 2 September 1981 ACREAGE: 13.0) ± PROJECT: AnT'JiI Fot-co. Reserve Center, IA:, LOCATION: Orange County, California FILE: 697-E-7 • • 0.7i?7!t:;, P TO 'Vhi- Cri.'( O ;":... . :'6R PAHA s T That portion or the Northeast quarter of Section �•, lowest: p ' 4 South, Rance 11 Wes':,- in the Rancho Las A1"dritos, in the City of JLns illc'r.:tna, County or Orange, .State of California, as per Trajl' f ilea in recroe of Partition in the Superior Court of Los Aig; _-s Count'/, State of California, C-se No. 13527, a certified cop, of the Final f Decree of said case . aV1 ' been recorded :COr ea:7 2, 1891 , in book 14., page 31 or deeds or said Gran Daunt.', 2G: as pi,.of '.•rail.. No. 5561 in the City of Seal Beach, County or U:'.. -J, Statc, O. __.°o ni in book 217, paces 41 through 4a inclusive ;c':scef l on. ou recorded b , 1 � �.�I:JiV�I. Of .. :.CCl-c...Ql,:.:i Naps, records of said Orange County, described as follows : i P/RCEL 1: PAFC< SITE • ... - CC...h encii ; at the centerline intersection :. L-1:npaen ti ie:. zuid Hose Street; thence }North C° 11' 35" E st 51,o.eo feet tLe t'V_.n BECIUNhC; thence North 89° 1;3' 25" West 1127.114 fee:- parallel ccnterA= __ of Lew son Avenue; thence North. 0° 11 ' 35" E- st 500.00 _.._t; thence South 693 fl ' 25" East 783.52 f eCt ; thence South C00 J' 55" L v . - -9. . feet; .: c nde South 6° 26 19 East 243.95 feet to the MUE POT= OF :�:..•_..al:,r. Containing 11.79 acres, more or less. - PARCEL 2: ACC-c'SS EASE:CENT TO Ph?;< SITE Co znencing at the centerline intersection on 'I Lta3or Avenue and Rose Street; thence North 0° 11' 35" East 4 0_00 feet; t crce North °,9° . O' 25" West )077.44 feet parallel it the centerline or !arson ven':.. to the `�R5 POIA:'P'?1' BEGINTi , thence North 89° i3' " West !2i-5.=, • l - �- 0° 11' 35"East 50.00 feet; .thence South 89' 1181 25" East '7a.56; ;,he.- 11' 35" East 150.CO feet• t south. 80° US' 25" a6t r.:0.00 feet• - 0° 11' 35" West 5010.00 feet `o the TRUE PCI'iT OF lBlCI;:' ..,. Containing 1.12 acres, more or less. _ • P y1RI I,J clog .�. ;;�'•�:=tee== '` _ .. _ • • • : . . . - i'itrc r, 3: UTILITY TO RAKK SITE Coa_::e:,cirl at the centerline intersection or.i.sacl.p.son Avenue and Rose Street; thence i.ortl 0° 11' 35" lust 43.31 feet to ry ? - OF BEG-MM.:CI; thence South E9° 43' 25" East 15.00 feet parallel to the centerline of L mmpson Avenue; thence North G° 11' 35" East 526.00 feet; p � a thence North 39° '48' 25" West 13.02 feet parallel to the centerline of i npson Ave; thence South 6° 26' 19" East 26.18 feet; ther-e Sgut..- h G° 11' 35" West 500.00 feet to the TRUE PODTP OF CEGli : `;G. _ Containing. 0.182 acre, more or less. • • Written by f 5 ic.". Checke3 by __ r - • . . File ..0. 697-:\-. . 1 f • : I 1 50-c0'ra • „pc N I .A N 7 - D V m 1 ... .. z1_, O N r„r N.0.1 l•3D <• •z jr."'... s.co I I'...r.... 500.00 p o ` .,I: ,: {1 I O o —cl "V -1 '... \ J / �m L t. ! s 11 1•.. r mz .00' !'W, NO • n f.1 I S a: LA Z D ; m j.. 1 1 tD{ _ ¶\\ m c. .. I pr I t - o I I - - 1 { a . Ict• .: Il—ll r { 1 I .. I 1:'.. Ca . r • t 1 { ri Z m -?. 3 1° t _ `� N - ; J ( -- tf =:3 • ti u. cral ::::::::: cu m v '. • ' o • ra i �` C.i '..::)\C.. .... • C. r I • p' : �� } :. m m m - D o a �: . - SO. r :} r r, r Co < }' O O O pp C. ? .. \ Yc\ :} Oy m i:� \\\ S C �. • ASSURANCE OF COMPLIANCE WITH THE DEPAR:teENT OF DEFENSE DIRECTIVE • UNDER TITLE VI OF THE CIVIL RIGHTS ACT OF 196L • CITY OF SEAL BEACH (hereinafter called "Applicant-Recipient' (Name of Applicant-Recipient) HEREBY AGREES THAT it will comply with title VI of the Civil Rights Act of 1964 (P.L. 88-352) and all requirements imposed by or pursuant to the Directive of the Department of Defense (32 CFR Part 300, issued as Depart- ment of Defense Directive 5500. 11 , December -28 , 1964) issued pursuant' to that title, to the end that, in accordance wit; title VI of that Act and the Directive, no person in the United States shall , on the ground of race, color, sex, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity ' for which the Applicant-Recipient receives Federal financial assistance from DEPARTMENT OF THE ARMY and HEREBY GIVES ASSIHU:I;CE THAT it will (Component of the Department) immediately take any measures necessary to effectuate this agreement. If any real property or structure thereon is provided or improved with the aid of Federal, financial assistance extended to the Applicant-Recipient by this DEPARTMENT OF THE ARMY , assurance shall obligate the '- (Component of the Department) cant-Recipient, or in. he case of. any transfer of such property , any y- u feree, for the period during which the real property or structure is eeed . for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits . If any personal property is so provided, this assurance shall obligate the Applicant-Recipient for the period during which it retains ownership or ' possession of the property. In all other cases , this assurance shall obligate the Applicant-Recipient for the period during which the Federal .-.inan.cial • assistance is extended to it by, DEPARTMENT OF THE ARMY (Component of the Depereaent) THIS ASSURANCE is given in consideration of and for one purpose of obtaini:.s. any and all Federal grants , loans , contracts , property, discounts or other Federal financial assistance extended after the date hereof to the App_i-a.._- Recipient by the Departmc.c, including installment payments after such date . ' on account of arrangements for Federal financial assistance which were approved • before such date. The Applicant-Recipient recognizes and agrees that such Federal financial assistance will be extended in reliance on the repres_ente- tions and agreements made in this assurance, and that the United States shall • • • l., LAI isBl �. tJ . 4 • • States shall have the right to seek judicial enforcement of this assurance. This assurance is binding on the Applicant-Recipient, its successors; transferees, and assignees and the person or persons *:'hose signatures appear below are authorized to sign this assurance on behalf of the Aopiicant- Recipient. Date✓ CITY. OF SEAL BEACH (Applicant-ile,ipier.=) By (President, Chair-pan of E ard, or comparable authorized official) ✓ C4/(_ - A6*-1-2/Y • ,C d 9a,'o (npplRecipient ' s hailing Ad ess) • 2