HomeMy WebLinkAboutAGMT - Fire Station Lease #48 (1984) 111 •
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GA 869 -2
Seal Beach Fire Station No. 0 48
2 (3131 Beverly Manor Road)
3
4
LEASE
5
6
T HIS IS A LEASE, made this of �- 1984 b
7 a � y by a nd between CITY OF SEAL
BEACH, hereinafter referred to as "LFSSO / g tend COUNTY OF ORANGE, hereinafter referred
8 to as 'TENANT" without regard to number and gender
9 RECITALS
10 A. LESSOR and TENANT have entered into a Fire Protection Agreement and a Letter of
Understandi nq
11
B. TENANT has agreed to provide fire protection and medical aid services for LESSOR
12
C TENANT requires the use of LESSOR's fire station facility known as "Seal Beach Fire
13 Station No 43" for the purposes of providing said fire protection and medical aid
services,
14
NOW, THEREFORE,-LESSOR and TENANT hereby agree as follows
15
1 DEMISED PREMISES (AA2 1 S)
16
LESSOR leases to TENANT that certain property hereinafter referred to as "Demised
17 Premises", described in "Exhibit A" and shown on "Exhibit B" which exhibits are attached
hereto and by reference made a part hereof.
18
TENANT is granted use of the hose rack and other fire equipment attached to the
19 racquetball building, which building is shown on Fxhibit B
20 TENANT is granted a non - exclusive use of the racquetball building and LESSOR reserves
the right to reasonable ingress and egress to and from the racquetball building In
21 addition, LESSOR grants a non - exclusive use of the driveway for ingress and egress to
and from Beverly Manor Road
22
23 20 TERM (AB3 1 N)
24 This Lease shall remain in effect so long as TENANT provides fire protection and medical
aid services to the LESSOR, or until modified or terminated by mutual agreement
25
26 3 CONSIDERATION (N)
27 The consideration for this Lease is the fire protection and medical aid services to he
provided to LESSOR by TENANT
28 RC la
34- 27 -1(3)
5 -15 -84
ill III
1 4. ALTERATIONS (AEI 1 N)
2 TENANT may make improvements and changes in the Demised Premises, including but not
limited to the installation of fixtures, partitions, counters, shelving and equipment
3 subject to thF approval of LESSOR which shall not be unreasonably withheld. It is
agreed that any such fixtures, partitions, counters, shelving or equipment attached
4 to or placed upon the Demised Premises by TENANT, shall be considered to be the personal
property of TENANT, who shall have the right to remove same at any time during the
5 term of this Lease. TENANT agrees that the Demised Premises shall be left in as good
condition as when received, reasonable wear and tear excepted
6 5. REPAIR, MAINTENANCE, AND JANITORIAL SERVICE (AE2.2 N)
7 TENANT shall
provide, at its own cost and expense, all janitarial supplies and services
8 to the Demised Premises, including the supplying of rest room expendables and replace-
ment of light bulbs and fluorescent tubes. TENANT shall also provide, at its own cost
9 and expense, the cleaning and refinishing of interior surf aces , routine servicing of
plumbing and electrical systems, and repair of all damage caused by TENANT's misuse of
10 the Demised Premises
11 LESSOR shall provide, at its own cost and expense, all other repair and maintenance
items, including, but not limited to, replacement of roof coverings, repair and
12 maintenance of the heating and air conditioning systems, and painting of exterior walls,
and repair and maintenance of parking areas and driveways.
13 As to landscaping, LESSOR shall maintain the lawn area within the Demised Premises.
14 However, TENANT shall be responsible for watering all landscaping and maintenance of
the flower beds
15
16 6. BUILDING AND SAFETY REQUIREMENTS (AE3.1 N)
17 During the full term of this Lease, LESSOR agrees to maintain the Demised Premises in
compliance with all applicable building codes, statutes, and orders as they are appli-
18 cable on the date of this Lease, and as they may be subsequently amended
19 LESSOR further agrees to maintain the structure and permanent improvements at the Demised
Premises as a "safe place of employment ", as defined in the California Occupational
20 Safety and Health Act (California Labor Code, Division 5, Part 1, Chapter 3, beginning
with Section 6400) and the federal Occupational Safety and Health Act, where the pro -
21 visions of such Act exceed, or supersede, the California Act, as the provisions of such
Acts are applicable on the date of this Lease.
22
In the event LESSOR neglects, fails, or refuses to maintain said Demised Premises as
23 aforesaid, TENANT may, notwithstanding any other termination provisions contained
herein, terminate this Lease.
24
Conditions caused solely by TENANT and not subject to the control of LESSOR are excluded
25 from this provision.
26 7. UTILITIES (AE4.1 N)
27 TENANT shall be responsible for and pay, prior to the delinquency date, all charges for
utilities supplied to the Demised Premises, except water.
28 RC 1a
34-27-2(5) -2-
5 -15 -84
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1 8 FIRE INSURANCE (AE5.1 S)
2 LESSOR shall maintain throughout the term of this Lease fire insurance with extended
coverage on the Demised Premises to the full insurable value of improvements located on
3 the Demised Premises Included in the policy or policies of fire insurance shall be a
standard waiver of right of subrogation against TENANT by the insurance company issuing
4 said policy or policies. Upon demand of TENANT, LESSOR shall provide TENANT with evi-
dence of compliance with these requirements
5
6 9 PUBLIC LIABILITY INSURANCE (AE6.1 N)
7 TENANT agrees, at its sole expense, to maintain in force (luring the term of this Lease
comprehensive general liability insurance, insuring against claims for injuries to
8 persons or property occurring in, upon, or about the Demised Premises. Said insurance
shall have limits of not less than $1,000,000 for injuries to person or persons, or
9 property damage At TENANT'S option, TENANT may self - insure the coverages required by
this paragraph.
10
11 10. INDEMNIFICATION (N)
12 TENANT agrees to indemnify and save harmless LESSOR, its officers, agents, and employees,
from and against any and all claims, demands, losses, or liabilities of any kind or
13 nature which LESSOR, its officers, agents, and employees may sustain or incur or which
may be imposed upon them or any of them for injury to or death of persons, or damage to
14 property as a result of, or arising out of, the sole negligence of TENANT, its officer,
agents, employees, subtenants, invitees, or licensees, in connection with the occupancy
15 and use of premises by TENANT
16 Likewise, LESSOR shall indemnify and save harmless from and against any and all claims,
demands, losses, or liabilities of any kind or nature which TENANT, its officers, agents,
17 and employees may sustain or incur or which may be imposed upon them or any of them for
injury to or death of persons, or damage to property as a result of, or arising out of,
18 the sole negligence of LESSOR, its officers, agents, employees, invitees, or licensees,
in connection with the maintenance or use of the premises.
19
20 11 DEFAULTS AND REMEDIES (AE8.1 S)
21 In the event of any breach of this Lease by TENANT, LESSOR shall notify TENANT in write n•
of such breach, and TENANT shall have 30 days in which to cure said breach
22
23 12 STATE AUDIT (AF1.1 S)
24 Pursuant to and in accordance with Section 10532 of the California Government Code, in
the event that this Lease involves expenditures and /or potential expenditures of State
25 funds aggregating in excess of ten thousand dollars ($10,000), LESSOR shall be subject
to the examination and audit of the Auditor General of the State of California for a
26 period of three years after final payment by COUNTY to LESSOR under this Lease.
27
28 RC 1a
34-27 -3(5) -3-
5-24-84
13. NOTICES (AF8.I S)
1
All written notices pursuant to this Lease shall be addressed as set forth below or as
2 either party nay hereafter designate by written notice and shall be personally delivered
or sent through the United States mail.
3
TO LESSOR TO TENANT
4
City of Seal Beach County of Orange
5 City Hall ® 211 Eighth Street GSA /Real Estate Division
Seal Beach, CA 90740 P. 0. Box 4106
6 Santa Ana, California 92702
7 and
8 Orange County Fire Department
Administrative Services
9 180 South Water Street
Orange, CA 92666
10
11 13. ATTACHMENTS (AF9.1 S)
12 This Lease includes the following, which are attached hereto and made a part hereof
13 I. GENERAL CONDITIONS
14 11. EXHIBITS
15 A. Legal Description - Demised Premises
16 B. Plot Plan m Demised Premises
17
18
19
20
21
22
23
24
25
26
27
RC alJ
28 34-27-4(4) -
6-25-84
• •
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1 IN IRITNESS HE , F a the parties have executed this agreement the day and year
above written
2
LESSOR
3
CITY CF SEAL BEECH
4
5 By
6
By
7
APRRC VED AS TO FORM
8 County Counsel
y
10
RECOMMEND k'OR APP AL
11
Orange County Fire Departinen
12
13 By
14
� '-nerai Services Agency
15 Facilities & Real Property
Real Lstate Division
16
17 B ,
ad - adar R rope rty Age. it
18
19
20
21 SIGNED, AND CLk<IIFILL) I1F3AT A DOPY Ors TENANT
THIS DOCINENT HAS BEEN DLL,1VERED a.�D
22 THL CUAIRMi`N OF THE BOARD. COUNTY OF ORANGE
23
, >21
24 LINDA` D ROBERTS Chairman, Board of Supervisors
Clerk of the Board of Supervisors
25
of Orange County, California
26
27
28 RC al3
34-27-5(2)
3 °15 -84
•
110
I. GENERAL CONDITIONS (AG1 -12 N)
1
2 1. LEASE ORGANIZATION (AG1 S)
3 The various headings in this Lease, the numbers thereof, and the organization of the
Lease into separate sections and paragraphs are for purposes of convenience only and
4 shall not be considered otherwise.
5
20 INSPECTION (AG2 S)
6
LESSOR or his authorized representative shall have the right at all reasonable times
7 to inspect the Demised Premises to determine if the provisions of this Lease are being
complied with.
8
9 3 SUCCESSORS IN INTEREST (AG3 S)
10 Unless otherwise provided in this Lease, the terms, covenants, and conditions contained
herein shall apply to and bind the heirs, successors, executors, administrators, and
11 assigns of all the parties hereto, all of whom shall be jointly and severally liable
hereunder.
12
13 4. COST OF SUSTAINING AN ACTION FOR BREACH OR DEFAULT (AG4 S)
14 In the event either LESSOR or TENANT commences legal action against the other claiming
a breach or default of this Lease, the prevailing party in such litigation shall be
15 entitled to recover from the other costs of sustaining such action, including reason-
able attorney fees, as may be fixed by the Court.
16
17 bo CIRCUMSTANCES WHICH EXCUSE PERFORMANCE (AG5 N)
18 If either party hereto shall be delayed or prevented from the performance of any act
required hereunder by reason of acts of God, restrictive governmental laws or regulad
19 tions, or other cause without fault and beyond the control of the party obligated
(financial inability excepted), performance of such act shall be excused for the period
20 of the delay, and the period for the performance of any such act shall be extended for
a period equivalent to the period of such delay. However, nothing in this clause shall
21 excuse either party from the prompt payment of any charge required of then except as
may be expressly provided elsewhere in this Lease.
22
6 DESTRUCTION OF OR DAMAGE TO DEMISED PREMISES (AG5 N)
23
In the event of
24
A Partial destruction of or damage to Demised Premises, or
25
B The Demised Premises being declared unsafe or unfit for occupancy by any
26 public authority authorized to make such declaration, for any reason other than
TENANT °S act, use or occupation, except as otherwise provided herein,
27
28 RC alj
145 - 18-1(4)
3 -15 -84
i • III
.
1 LESSOR shall immediately make repairs as are necessary to restore the Demised Premises
to the condition which existed prior to destruction or damage and /or make repairs as
2 are necessary to make the Demised Premises safe and fit for occupancy The destruction
(including any destruction necessary in order to make repairs required by any declara-
3 tion), damage, or declaration shall not render this Lease null and void, if LESSOR
refuses to make such repairs or if such repairs are not completed by LESSOR within
4 sixty (60) days, TENANT may, at its option, terminate the lease.
5
7. AMENDMENT (AG7 S)
6
This Lease sets forth the entire agreement between LESSOR and TENANT and any modifica=
7 tion must be in the form of a written amendment
8
8. PARTIAL INVALIDITY (AG8 S)
9
If any term, covenant, condition, or provision of this Lease is held by a court of
10 competent jurisdiction to be invalid, void, or unenforceable, the remainder of the pro -
visions hereof shall remain in full force and effect and shall in no way be affected,
11 impaired, or invalidated thereby.
12
9. WAIVER OF RIGHTS (AG9 S)
13
The failure of LESSOR or TENANT to insist upon strict performance of any of the terms,
14 conditions, and covenants in this Lease shall not be deemed a waiver of any right or
remedy that LESSOR or TENANT may have, and shall not be deemed a waiver of any right
15 or remedy for a subsequent breach or default of the terms, conditions, and covenants
herein contained
16
17 1O0 TIME (AG11 S)
18 Time is of the essence of this Lease
19
11 DEFINITION OF TENANT (AG12 S)
20
The term "TENANT" shall mean the Board of Supervisors of the political body that exe=
21 cuted this agreement or its authorized representative.
22
23
24
25
26
27
28 RC alj
145- 18 -2(3) -2-
3-15a84
LEGAL DESCRIPTION
PROJECT NO GA 869 DATE 6 -7 -83
PROJECT Seal Beach Fire Station WRITTEN BY RFD A r,e)
PARCEL NO 2 APPROVED BY FLH i641
B R. NO --
PARCEL GA 869 -2
All the demised premises shown outlined by a heavy line on a plot plan marked
Exhibit "B" attached hereto and made a part hereof, being that certain fire
station at 3131 Beverly Manor Road, in the City of Seal Beach, County of
Orange, State of California and located on a portion of Section 6, T4S, R11W
in the Rancho Los Alamitos, as shown on Map No. 2 attached to the Final
Decree of Partition of said Rancho, a certified copy of which was recorded
February 2, 1891 in Book 14, page 31 of Deeds, records of Orange County,
California
NOT TO BE RECORDED
EXHIBIT A
RD mgt 6 -7 -83 AEES1 -23
1
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','/, JOI - USE DRIVEWAY 1 DIrAftlikiG
1 OR INGRESS AND EGRESS f�i IMCS
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EXHIBIT B ,:
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, -'L o r .c'L 4A1 Design County of Orin
SAG B,F,4C.</ f" / •�.tr . ST.4T /OLV
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.S�.�I L .AGN, G:4 1./�
Approved ' }
PI an No 4 84 9 - e '; Dais G`G /, 3 Architect & Engineer Division
r i ( i 1 (1 in)
P S L0
1 GA 869 -4
Seal Beach Fire Station No. 48
2 (3131 Beverly Manor Road)
3
4
5
6 LEASE
7
8
9 THIS IS A LEASE, made ,k! N,, , , by and between CITY OF SEAL
10 BEACH, hereinafter referred to as "LESSOR , and COUNTY OF ORANGE, hereinafter referred
��
to as "COUNTY", without regard to number and gender.
11
RECITALS
12
A. LESSOR and COUNTY have entered into a Fire Protection Agreement hereinafter 2
13 referred to as "Agreement." Pursuant to the Agreement COUNTY has agreed to provide
14 fire protection and medical aid ., ervices for LESSOR for the five year period from
July 1, 1987, through June 30, 1992.
15 B COUNTY requires the use of LESSOR' s fire station facility known as Seal Beach Fire
Station No 48 located at 3131 Beverly Manor Road, Seal Beach, California for the
16 purpose of providing said fire protection and medical aid services
17 NOW, THEREFORE, LESSOR and TENANT hereby agree as follows
18 1. RECITALS A and B are incorporated and made a part hereof as though set forth at
19 length herein.
20 2. PREMISES (AA2.1 N)
21 LESSOR leases to COUNTY that certain property hereinafter referred to as "Premi ses" ,
described in "Exhibit A" and shown on "Exhibit B, which exhibits are attached hereto
22 and made a part hereof.
23 LESSOR reserves the right to non - exclusive use of the racquetball building on the
Premises which includes the right to reasonable ingress and egress thereto. LESSOR's
24 use of the racquetball building shall not interfere with COUNTY's quiet use and enjoy-
ment of the Premises. In addition, LESSOR reserves the right to non - exclusive use of
25 the driveway shown on Exhibit B for ingress and egress to and from Beverly Manor
Road
26
27
28 CCA rh cv
22 -2 -1
1 -6 -88
f.
1 3 TERMINATION OF PRIOR AGREEMENTS (AA4 1 N)
2 It is mutually agreed that this Lease shall terminate and supersede the lease dated
3 July 31, 1984, between the parties hereto covering all or any portion of the Premises,
EXCEPT that all personal property and /or equipment (e.g., fixtures, partitions,
A 4 counters, shelving) attached to and /or placed upon any portion of the Premises by COUNTY
pursuant to the terms of said prior agreement between the parties hereto shall remain
5 the personal property of COUNTY
6 4 TERM (AB3 1 N)
7 The term of this Lease shall commence on the date of execution by COUNTY, and shall run
concurrently with the term of the Agreement and any extensions or renewals thereof. If
8 said Agreement is terminated for any reason, this Lease shall also be terminated at the
same time Notwithstanding anything to the contrary in this Lease, each party hereto
9 may terminate this Lease on 30 days written notice to the other party.
10 5. CONSIDERATION (N)
11 In consideration of the fire protection and medical aid services to be provided by
COUNTY to LESSOR as set forth in the Agreement, this Lease shall be rent free
12 6 ALTERATIONS (AE1 I N)
13 COUNTY may make improvements and changes in the Premises, including but not limited to
14 the installation of fixtures, partitions, counters, shelving, and equipment as deemed
necessary provided the change, addition, or improvement is made with LESSOR's prior
15 written consent which consent shall not be unreasonably withheld. It is agreed that any
such fixtures, partitions, counters, shelving, or equipment attached to or placed upon
16 the Premises by COUNTY shall be considered as personal property of COUNTY, who shall
have the right to remove same COUNTY agrees that the Premises shall be left in as
17 good condition as when received, reasonable wear and tear excepted.
18 7 REPAIR, MAINTENANCE, AND JANITORIAL SERVICE (AE2 2 N)
19 COUNTY shall provide, at its own cost and expense, all janitorial supplies and services
to the Premises, including the supplying of rest room expendables and replacement of
20 light bulbs and fluorescent tubes COUNTY shall also provide, at its own cost and
expense, the cleaning and repainting of interior surfaces, routine servicing and main -
21 tenance of the plumbing, electrical, and heating systems, repair and maintenance of the
air conditioning system, and repair of all damage caused by COUNTY's misuse of the
22 Premises
23 LESSOR shall provide, at its own cost and expense, all other repair and maintenance
items, including, but not limited to upkeep of exterior walls of the building, repair
24 and maintenance of parking areas, driveways, roof and roof coverings, and major repair
of the plumbing, electrical, and heating systems
25
26
27
28 CCA rh sf
22 -2 -2 -2-
01-20-88
1 LESSOR shall provide all maintenance of the landscape areas within the Premises and
2 LESSOR's adjacent lawn area, except watering which shall be the responsibility of COUNTY.
3 8. BUILDING AND SAFETY REQUIREMENTS (AF1.1 N)
4 During the full term of this Lease, LESSOR agrees to maintain the Premises in compliance
with all applicable building codes, statutes, and orders as they are applicable on the
5 date of this Lease, and as they may be subsequently amended.
LESSOR further agrees to maintain the Premises as a "safe place of employment ", as
6 defined in the California Occupational Safety and Health Act (California Labor Code,
7 Division 5, Part 1, Chapter 3, beginning with Section 6400) and the Federal Occupational
Safety and Health Act, where the provisions of such Act exceed, or supersede the
8 California Act, as the provisions of such Acts are applicable on the date of this Lease,
and as they may be subsequently amended.
9 In the event LESSOR neglects, fails, or refuses to maintain said Premises as aforesaid,
10 notwithstanding any other termination provision contained herein, COUNTY may terminate
this Lease.
11 Conditions caused solely by COUNTY and not subject to the control of LESSOR are excluded
12 from this provision.
13 9• UTILITIES (AE4.1 N)
14 COUNTY shall be responsible for and pay, prior to the delinquency date, all charges for
utilities supplied to the Premises, except water which shall be the obligation of the r
15 LESSOR.
16 10. FIRE INSURANCE (AE1.1 S)
17 LESSOR shall maintain throughout the term of this Lease fire insurance with extended
coverage on the Premises to the full insurable value of improvements located on the
18 Premises. Included in the policy or policies of fire insurance shall be a standard
waiver of right of subrogation against COUNTY by the insurance company issuing said
19 policy or policies. Upon demand of COUNTY, LESSOR shall provide COUNTY with evidence
of compliance with these requirements.
20 11. PUBLIC LIABILITY INSURANCE (AE6 1 N)
21
COUNTY agrees, at its sole expense, to maintain in force during the term of this Lease ;.
22 comprehensive general liability insurance, insuring against claims for injuries to
persons or property occurring in, upon, or about the Premises. Said insurance shall
23 have limits of not less than $1,000,000 for injuries to person or persons, and not less
than $1,000,000 for property damage. At COUNTY's option, COUNTY may self - insure the
24 coverages required by this paragraph.
25 12. TAXES AND ASSESSMENTS (AE7.1 S)
26 All taxes and assessments, if any, which become due and payable upon the Premises shall
be the full responsibility of LESSOR, and LESSOR shall cause said taxes and assessments
27 to be paid promptly.
28 CCA rh
22 -2 -3 -3-
01 -07 -88 4,
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1 13 INDEMNIFICATION (N)
2 COUNTY shall indemnify and save harmless LESSOR, its officers, agents, and employees,
3 from and against any and all claims, demands, losses, or liabilities of any kind or
nature which LESSOR, its officers, agents, and employees may sustain or incur or which
may be imposed upon them or any of them for injury to or death of persons, or damage to
4
property as a result of, or arising out of, the sole negligence of COUNTY, its officers,
agents, employees, subtenants, invitees, or licensees, in connection with the occupancy
5 and use of the Premises by COUNTY.
6 Likewise, LESSOR shall indemnify and save harmless COUNTY, its officers, agents, and
7 employees, from and against any any and all claims, demands, losses, or liabilities of
any kind or nature which COUNTY, its officers, agents and employees may sustain or incur
8 or which may be imposed upon them or any of them for injury to or death of persons, or
damage to property as a result of, or arising out of, the sole negligence of LESSOR, its
9 officers, agents, employees, subtenants, invitees, or licensees, in connection with the
maintenance or use of the Premises by LESSOR
10 14 DEFAULTS AND REMEDIES (AF12 1 S)
11 In the event of any breach of this Lease by COUNTY, LESSOR shall notify COUNTY in writing
12 of such breach, and COUNTY shall have 30 days in which to initiate action to cure said
breach
13 15. STATE AUDIT (AF14 1 S)
14 Pursuant to and in accordance with Section 10532 of the California Government Code, in
15 the event that this Lease involves expenditures and /or potential expenditures of State
funds aggregating in excess of ten thousand dollars ($10,000), LESSOR shall be subject
16 to the examination and audit of the Auditor General of the State of California for a
period of three years after final payment by COUNTY to LESSOR under this Lease The
17 examination and audit shall be confined to those matters connected with the performance
of the contract, including, but not limited to, the costs of administering the contract
18 16. PREVAILANCE OF LEASE (N)
19 If there is a conflict between the General Conditions and the terms specified in this
20 Lease, the latter shall prevail over the former
21 17 NOTICES (AF20.1 S)
22 All written notices pursuant to this Lease shall be addressed as set forth below or as
either party may hereafter designate by written notice and shall be personally delivered
23 or sent through the United States mail
24
25
26
27
28 CCA rh sf
22 -2 -4 -4-
02-25-88
1
TO LESSOR TO COUNTY
2
City of Seal Beach County of Orange
3 City Hall GSA /Real Estate Division
211 Eighth Street P. 0. Box 4106
4 Seal Beach, CA 90740 Santa Ana, California 92702 -4106
5 and
Orange County Fire Department
6 Administrative Services
180 South Water Street
7 Orange, CA 92666
8 18. ATTACHMENTS (AF21.1 S)
9 This Lease includes the following, which are attached hereto and made a part hereof:
10 I. GENERAL CONDITIONS
11 II. EXHIBITS
12 A. Description - Premises
13 B. Plot Plan - Premises
14
15 4�
16 .`
i
17
18
19
20
21
22
23
24
25
26
27
28 CCA rh
22 -2 -5 -5-
1-7-88
1 IN WITNESS WHEREOF, the parties have executed this Lease the day and year first
2 above written.
3
LESSOR
4
City of Seal Beach
5
6
By
7 City Manage
8
By
9 APPROVED AS TO FORM
County Counsel
10
11
By --
-
yl ; • �' 1 C 1
12 RECOMMENDED FOR APPROVAL
13 Orange County Fire Department
14
By /s/ William L Wright
15
16 General Services Agency
Facilities & Real Property
17 Real Estate Division
18 •
110
By _442 _ .
19 Rea 'roper, gent
20
21
SIGNED AND CERTIFIED THAT A COPY OF COUNTY
22 THIS DOCUMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD. COUNTY OF ORANGE 1
23
24
By
J
25 LINDA D. RO:ERTS '= ` 1988
Clerk of the Board of Supervisors
26 of Orange County, California
27
28
CCA rh sf
22 -2 -6
12 -3 -87
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0151w -20 MJH nd alb 7 -9 -87
GENERAL CONDITIONS (AG1 -12 S)
1 LEASE ORGANIZATION (AG1 S)
The various headings in this Lease, the numbers thereof, and the organization of the
Lease into separate sections and paragraphs are for purposes of convenience only and
shall not be considered otherwise
2 INSPECTION (AG2 S)
LESSOR or his authorized representative shall have the right at all reasonable times
to inspect the Premises to determine if the Provisions of this Lease are being
complied with
3 SUCCESSORS IN INTEREST (AG3 S)
Unless otherwise provided in this Lease, the terns, covenants, and conditions
contained herein shall apply to and bind the heirs, successors, executors,
administrators, and assigns of all the parties hereto, all of whom shall be jointly
and severally liable hereunder
4 COST OF SUSTAINING AN ACTION FOR BREACH OR DEFAULT (AG4 S)
In the event either LESSOR or COUNTY commences legal action against the other
claiming a breach or default of this Lease, the prevailing party in such litigation
shall be entitled to recover from the other costs of sustaining such action,
including reasonable attorney fees, as may be fixed by the Court
5 CIRCUMSTANCES WHICH EXLUSE PERFORMANCE (AG5 S)
If either party hereto shall be delayed or prevented from the performance of any act
required hereunder by reason of acts of God, restrictive governmental laws or
regulations, or other cause without fault and beyond the control of the party
obligated (financial inability excepted), performance of such act shall be excused
for the period of the delay, and the period for the performance of any such act
shall be extended for a period equivalent to the period of such delay However,
nothing in this clause shall excuse either party from the prompt payment of any
rental or other charge required of them except as may be expressly provided
elsewhere in this Lease
6 DESTRUCTION OF OR DAMAGE TO PREMISES (AG6 S)
In the event of
A Partial destruction of or damage to Premises, or
B The Premises being declared unsafe or unfit for occupancy by any public
authority authorized to make such declaration, for all reason other than
COUNTY's act, use, or occupation, except as otherwise provided herein,
A5 -6
2
1 `
LESSOR shall immediately make repairs as are necessary to restore the Premises to
the condition which existed prior to destruction or damage and /or make repairs as
are necessary to make the Premises safe and fit for occupancy The destruction
(including any destruction necessary in order to make repairs required by any
declaration), damage or declaration shall in no way render this Lease null and void,
COUNTY shall, however, be entitled to a reduction of rent during any period its use
and occupancy of the Premises is adversely affected by reason of destruction,
damage, declaration, and /or subsequent repair required thereby Such reduction
shall be proportionate to the interference with COUNTY's ordinary use of the
Premises If LESSOR refuses to make such repairs or if such repairs are not
completed by LESSOR within 60 days, COUNTY may, at its option, terminate the Lease
or make such repairs and deduct COUNTY's direct and entire cost thereof from rent
owing LESSOR
7 AMENDMENT (AG7 S)
This Lease sets forth the entire agreement between LESSOR and COUNTY and any
modification must be in the form of a written amendment
8 PARTIAL INVALIDITY (AG8 S)
If any term, covenant, condition, or provision of this Lease is held by a court of
competent jurisdiction to be invalid, void, or unenforceable, the remainder of the
provisions hereof shall remain in full force and effect and shall in no way be
affected, impaired, or invalidated thereby
9 WAIVER OF RIGHTS (AG9 S)
The failure of LESSOR or COUNTY to insist upon strict performance of any of the
terms, conditions, and covenants in this Lease shall not be deemed a waiver of any
right or remedy that LESSOR or COUNTY may have, and shall not be deemed a waiver of
any right or remedy for a subsequent breach or default of the terms, conditions, and
covenants herein contained
10 HOLDING OVER (AG10 S)
In the event COUNTY shall continue in possession of the Premises after the term of
this Lease, such possession shall not be considered a renewal of this Lease but a
tenancy from month to month and shall be governed by the conditions and covenants
contained in this Lease
11 TIME (AG11 S)
Time is of the essence of this Lease
12 DEFINITION OF COUNTY (AG12 S)
The term "COUNTY" shall mean the Board of Supervisors of the political body that
executed this agreement or its authorized representative
LEASE DESCRIPTION
PARCEL NO GA 869 -4 WRITTEN BY CCA
PROJECT NAME Seal Beach Fire Station No 48 APPROVED BY FA
LESSOR City of Seal Beach
PARCEL GA 869 -4
All the Premises shown on a plot plan marked "Exhibit B" attached hereto and made a
part hereof, being that certain fire station at 3131 Beverly Manor Road, in the City
of Seal Beach, County of Orange, State of California and located on a portion of
Section 6, T4S, R11W in the Rancho Los Alamitos, as shown on Map No 2 attached to
the Final Decree of Partition of said Rancho, a certified copy of which was recorded
February 2, 1891 in Book 14, page 31 of Deeds in the Office of the County Recorder
of Orange County, California, together with the non - exclusive use of the driveway
adjacent to the Premises on the north and the racquetball building within the
Premises
NOT TO BE RECORDED
EXHIBIT A
CCA cv
0946w -2
2 -18 -88
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ESEI PREMISES
i
I '' , /, DRIVEWAY FOR INGRESS & ErRESS PREmis
/ Y / , A TO & FROM BEVERLY MANOR ROAD
RESERVED FOR JOINT USE 4 ,
∎`�.1 RACQUETBALL BUILDING L i, 4
RESERVED FOR JOINT USE 9
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PLOT PLAN County of pfd
SEAL BEACH FIRE STATION NO. 48 P `- "F - ' ,,'.L, '
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3131 Beverly Manor Road Chkd .
Seal Beach, California . ' , . P t
7 ;n F!
GA 869 -4 Date Real Estate Division
R7�743 48 - J
E XH T Q