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HomeMy WebLinkAboutAGMT - Fire Station Lease #44 (1984) i 1 GA 859 -1 Seal Beach Fire Station No 44 2 (Central Ave. & Eighth St ) 3 4 LEASE 5 6 7 THIS IS A LEASE, made this/ day of 1984, by and between CITY OF SEAL 8 BEACH, hereinafter referred to as "LESSOR , a - !ri COUNTY OF ORANGE, hereinafter referred to as "TENANT ", without regard to number and gender 9 10 RECITALS, 11 A. LESSOR and TENANT have entered into a Fire Protection Agreement and a Letter of Understanding 12 B. TENANT has agreed to provide fire protection and medical aid services for LESSOR 13 Co TENANT requires the use of LESSOR's fire station facility known as "Seal Beach Fire 14 Station No 44" for the purposes of providing said fire protection and medical aid services, 15 NOW, THEREFORE;-LESSOR and TENANT hereby agree as follows 16 17 1 DEMISED PREMISES (AA2e1 S) 18 LESSOR leases to TENANT that certain property hereinafter referred to as "Demised Premises ", described in "Exhibit A" and shown on "Exhibit B ", which exhibits are 19 attached hereto and by reference made a part hereof. 20 2 TERM (AB3o1 N) 21 This Lease shall remain in effect so long as TENANT provides fire protection and medical 22 aid services to the LESSOR, or until modified or terminated by mutual agreement. 23 3m CONSIDERATION (N) 24 The consideration for this Lease is the fire protection and medical aid services to be 25 Provided to LESSOR by TENANT 26 4 ALTERATIONS (AE1.1 N) 27 TENANT may make improvements and changes in the Demised Premises, including but not limited to the installation of fixtures, partitions, counters, shelving, and equipment 28 RC la 145- 1 -1(7) 5 -15 -84 L 410 III 1 subject to the approval of LESSOR which shall not be unreasonably withheld. It is agreed that any such fixtures, partitions counters, shelving or equipment attached 2 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 3 term of this Lease TENANT agrees that the Demised Promises shall be left in as good condition as when received, reasonable wear and tear excepted© 4 5 5 REPAIR, MAINTENANCE, AND JANITORIAL SERVICE (AE2 2 N) 6 TENANT shall provide, at its own cost and expense, all janitorial supplies and services to the Demised Premises, including the supplying of rest room expendables and replace- 7 ment of light bulbs and fluorescent tubes TENANT shall also provide, at its own cost and expense, the cleaning and refinishing of interior surfaces, routine servicing of 8 plumbing and electrical systems, and repair of all damage caused by TENANT's misuse of the Demised Premises 9 LESSOR shall provide, at its own cost and expense, all other repair and maintenance 10 items, including, but not limited to, replacement of roof coverings, repair and mainte- nance of the heating and air conditioning systems, and painting of exterior walls, and 11 repair and maintenance of parking areas and driveways 12 As to landscaping, TENANT shall be responsible for watering and maintenance of all landscaping within the Demises Premises. 13 14 6. BUILDING AND SAFETY REQUIREMENTS (AE3.1 Pd) 1 15 During the full term of this Lease, LESSOR agrees to maintain the Demised Premises in ccrnpliance with all applicable building codes, statutes, and orders as they are appli- 16 cable on the date of this Lease, and as they may be subsequently amended 17 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 Occu- 18 pational 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 19 the provisions of such Act exceed, or supersede, the California Act, as the provisions of such Acts are applicable on the date of this Lease 20 In the event LESSOR neglects, fails, or refuses to maintain said Demised Premises as 21 aforesaid, TENANT may, notwithstanding any other termination provisions contained herein, terminate this Lease. 22 Conditions caused solely by TENANT and not subject to the control of LESSOR are excluded 23 from this provision 24 25 7. UTILITIES (AE4.1 N) TENANT shall be responsible for and pay, prior to the delinquency date, all charges for 26 utilities supplied to the Demised Premises. 27 28 RC la 145- 1 -2(8) -2- 5-15-84 . . • 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 during the term of this Lease comprehensive general liability insurance, insuring against claims for injuries to per - 8 sons 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, 15 agents, employees, subtenants, invitees, or licensees, in connection with the occupancy and use of premises by TENANT. 16 Likewise, LESSOR shall indemnify and save harmless from and against any and all claims, 17 demands, losses, or liabilities of any kind or nature which TENANT, its officers, agents, and employees may sustain or incur or which may be imposed upon them or any of them for 18 injury to or death of persons, or damage to property as a result of, or arising out of, the sole negligence of LESSOR, its officers, agents, employees, invitees, or licensees, 19 in connection with the maintenance or use of the premises. 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 writing 22 of such breach, and TENANT shall have 30 days in which to cure said breach 23 12. STATE AUDIT (AF1.1 S) 24 Pursuant to and in accordance with Section 10532 of the California Government Code, in 25 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 26 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. 27 28 RC la 145- 1 -3(9) -3- 5-24-84 III III 1 13 NOTICES (AF801 S) 2 All written notices pursuant to this Lease shall be addressed as bet forth below or as either party may hereafter designate by written notice and shall be personally delivered 3 or sent through the United States mail. 4 TO LESSOR TO TENANT 5 City of Seal Beach County of Orange City Hall - 211 El9hth Street GSA /Real Estate Division 6 Seal Beach, CA 90740 P. O. Box 4106 7 Santa Ana, California 92702 8 and 9 Orange County Fire Department Administrative Services 10 180 South Water Street Orange, CA 92666 11 12 14. ATTACHMENTS (AF9 1 S) 13 This Lease includes the following, which are attached hereto and made d part hereof 14 I. GENERAL CONDITIONS 15 II. EXHIBITS 16 A Legal Description - Demised Premises 17 B. Plot Plan - Demised Premises 18 19 20 21 22 23 24 25 26 27 28 PC a I j 145- 1 -4(8) -4- G -25 -84 . . 1 IN WITNESS HLR5OF o the parties have executed this agreement the day and year above written. 2 LESSOR 3 CITY OF SEAL BEACH 4 5 By 6 By 7 8 APPROVED AS TO FM. County Counsel 9 rqb 10 11 RECOMMENDED FOR APPROVAL. 12 Orange County Fire Dep '.-nt 13 / �. 14 0 0pr 15 General Services Agen, Facilities & Real Property 16 Real Estate Division 17 BY 18 1 eal rope rty Ache nt 19 20 21 SIGNLD AND CE}'IFIED TIIAT A (DPY OF TENANT 22 THIS DOCUNE`dT HAS SEEN DELIVERED PO 23 THE CHAIRMAN OF THE BOARD. COUNTY OF ORANGE 24 _ � �� - �` -�, ^ -�—. : -_.:ate . - '''' L INDA D ROB ERTS Chairman Lard of Supervisors 25 Clerk of the Board of Supervisors 26 of Orange County, California 27 28 RC alj 145=1 =5(4) 3=15=64 111 III 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 INNTEREST (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 (ALA 5) 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 50 CIRCUMSTANCES WHICH EXCUSE PERFORMANCE (A65 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 regular 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 them except as may be expressly provided elsewhere in this Lease 22 6 DFSTRUCTION OF OR DAMAGE ro DEMISED PREMISES (A66 N) 23 In the event of 24 A Partial destruction of or damage to Demised Premises, or 25 8 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 alb 145- 18 -1(4) 3 =15 -84 1 • 1 1 LESSOR shall irnmediately eke 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 DEniised Premises safe and fit for occupancy. The destruction (including any destruction necessary in order to make repairs required by any declara- 3 ton), damage, or declaration shall not render this Lease null and void, if LESSOR refuses to make such repai is or if such repairs are not completed by LESSOR within 4 sixty (60) days, TENANT mat, at its option, terminate the lease. 5 7 AMENDMENT (AG7 S) 6 This Lease sets forth the antire agreement between LESSOR and TENANT and any modefica= 7 tion must be in the form of a written amendment 8 8. PARTIAL INVALIDITY (AG8 S) 9 I f 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 90 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 10 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 alb 145-18 -2(3) 020 3 -15 -84 LEGAL DESCRIPTION PROJECT NO GA 869-2 DATE 6 -7 -83 PROJECT Seal Beach Fire Station WRITTEN BY RFD / / 1 PARCEL NO 1 APPROVED BY FLH 70 B R NO -- PARCEL GA 869 -1 All the demised premises shown crosshatched on a plot plan marked Exhibit "B ", attached hereto and made a part hereof, being that certain fire station at 718 Central Avenue, in the City of Seal Beach, County of Orange, State of California, and located on lots 41, 43, 45 and 47 of Block 7 of the Bay City Tract, per map recorded in book 3, page 19 of Miscellaneous Maps, in the office of the County Recorder of said County, together with the exclusive use of 5 parking spaces located on lots 35, 37 and 39 of Block 7 of said Bay City Tract. NOT TO BE RECORDED EXHIBIT A RD mgt 6 -7 -83 AEES1 -24 1 , 0 i,,, ,z, , .,:r ,4, ,„.. IELM,,,,r_C2raM,, ., . ,,,,azza:mercrt==, , „so. 141,. ii • .-t, A, tic'!.*: . ,' • ,,, :44 ' i'Vv9 . 0 Wk,...0 - "..1." . 40 ',„ . 4R4 :WC 40.4) . h . A. ' _ ri ti iti 1 1 L________ 1 __] k V) 1 • .4 E., % ,,, , .. P. „ if 1 , 2! I L _ , , ,....,_.... pi !I it i az a h , c -/k/ re-4.4 4 Vcc --,,r ., t: a v ) --- P. 1 .,., ...... ......... _ i i il tt r g i& \ , t .›. 4, t ' it 4 n c, 4 ' A ' " 40 t. ' ..•- !'■ -e. P. . ..k I Yi t C` 0°t.42 l.I. 4.: i t,.. i 5 , ..., ,i , , ix 4 s r A/ kv ....._ _____ ,:....;.4,0t74,4, • .:„. / .4.-- -.4 ■1:: .te e. k. . __ ' / 1, —1— L .,.....,„ 4. .4. iit Q0 1 . \ t g ......___...-........■".."'''' 1 Cie/4'4,00'V 14 Z. 07 „,. 4 tgi 1, i OA !ii it ly l i - il gA f, Li z.t:1 it i ,,! ::) iVie.41/.0.'5 :•zi 7V tt 1 ,IL .,.; . Alit 7, i . , k it .s.1 .,,,,,,,.. ..,.„........ ,.,„...... ,,,,,.......... ,........„..., ..y.i.. ,.s.„,.......... - wr.:*,* .,.. '' ....101 . 0 raa,f,,a3MaZnrar.Z.020121.MeWarrX7r4V=M;40%.V4744,' "... .4,, 4.41AW.A _ AC, rAN. . V. ,,. ,V.MW, 1 ', .11-At.2.2T2=ZZE=C . ,k,," '4 Aliantioi,i024. .., A, 9 Z Di P.Z A A/ i Design County of Orange T 5 rA 770A1 Drawn /e 0 / i — ' 1? r,....„0",4,,,,;( i / 7/6 C \ :..„, LrA/ /e/xt.C. „41/. Chkd 9 i . . 5 .E.-- 4 L B g Cis/ Approved 4 , . ... .. . Plan No a-4 66.9-1 Date �.//83 : Architect & Engineer Division IVA . , 0,..,444 ,kitod,J0.1.4W. itl.Z.4,,.W.,0 .■,., :W.i.tt ,i; ,.0...ArKvil.".1.14r.N.40...,:A,44*.4,..Y40,11,0,42,044,,,gtIcsa,N.,4,,,;,00,,WW,Pqn.....t 44.1.WriX41,444:4A1.41iV4-' F0270 268 (AL) (3/78) 1 GA 869 -3 Seal Beach Fire Station No 44 2 (718 Central Avenue) 3 4 LEASE 5 6 H S IS A LEASE, made APR 2 6 1988 by and between CITY OF SEAL T I I L E, , a y BEACH, hereinafter referred to as "LESSOR," and COUNTY OF ORANGE, hereinafter referred 7 to as "COUNTY," without regard to number and gender 8 R E C I T A L S 9 10 A LESSOR and COUNTY have entered into a Fire Protection Agreement hereinafter 11 referred to as "Agreement " Pursuant to the Agreement, COUNTY has agreed to provide fire protection and medical aid services for LESSOR for the five year period from July 1, 1q87, through June 30, 1992 12 B COUNTY requires the use of LESSOR's fire station facility known as Seal Beach Fire 13 Station No 44 located 718 Central Avenue, Seal Beach, California for the purpose 14 of providing said fire protect on and medical aid services 15 NOW, THEREFORE, LESSOR and COUNTY hereby agree as follows 16 1 Recitals A and 6 are incorporated and made a part hereof as though set forth at length herein 17 2 PREMISES (AA2 1 N) 18 LESSOR leases to COUNTY that certain property hereinafter referred to as "Premises," 19 described in "Exhibit A" and shown on "Exhibit 8," which exhibits are attached hereto and made a part hereof 20 COUNTY is granted exclusive use of five parking spaces in LESSOR's parking lot 21 adjacent to the Premises Said five spaces shall be marked with signs designating the spaces for exclusive use by COUNTY's Fire Department personnel 22 3 TERMINATION OF PRIOR AGREEMENTS (AA4 1 N) 23 It is mutually agreed that this Lease shall terminate and supersede the lease dated July 31, 1984, between the parties hereto covering all or any portion of the Premises, 24 EXCEPT that all personal property and /or equipment (e g , fixtures, partitions, counters, shelving) attached to and /or placed upon any portion of the Premises by 25 COUNTY pursuant to the terms of said prior agreement between the parties hereto shall 26 remain the personal property of COUNTY 27 28 CCA cv sf O946w -3 3 -30 -88 1 4 TERM (AB3 1 N) 2 The term of this Lease shall commence the date of execution by COUNTY, and shall run concurrently with the term of the Agreement and any extension or renewals thereof. If 3 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 4 hereto may terminate this Lease on 30 days written notice to the other party 5 5 CONSIDERATION (N) 6 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. 7 6. ALTERATIONS (AE1.1 N) 8 COUNTY may make improvements and changes in the Premises, including but not limited to 9 the installation of fixtures, partitions, counters, shelving, and equipment as deemed necessary provided the change, addition, or improvement is made with LESSOR's prior 10 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 11 upon the Premises by COUNTY shall be considered as personal property of COUNTY, who shall have the right to remove same. COUNTY agrees that the Premises shall be left in 12 as good condition as when received, reasonable wear and tear excepted. 13 7• REPAIR, MAINTENANCE, AND JANITORIAL SERVICE (AE2 2 N) 14 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 15 light bulbs and fluorescent tubes. COUNTY shall also provide, at its own cost and 7` expense, the cleaning and repainting of interior surfaces, routine servicing and 16 maintenance 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 17 Premises 18 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 19 and maintenance of parking areas, driveways, roof and roof coverings, and major repair of the plumbing, electrical, and heating systems 20 8 BUILDING AND SAFETY REQUIREMENTS (AF1.1 N) 21 During the full term of this Lease, LESSOR agrees to maintain the Premises in compliance 22 with all applicable building codes, statutes, and orders as they are applicable on the date of this Lease, and as they may be subsequently amended. 23 LESSOR further agrees to maintain the Premises as a "safe place of employment ", as 24 defined in the California Occupational Safety and Health Act (California Labor Code, Division 5, Part 1, Chapter 3, beginning with Section 6400) and the Federal Occupational 25 Safety and Health Act, where the provisions of such Act exceed, or supersede the California Act, as the provisions of such Acts are applicable on the date of this Lease, 26 and as they may be subsequently amended 27 28 CCA cv sf 69 -4 -2 -2- 01 -20 -88 { 1 In the event LESSOR neglects, fails, or refuses to maintain said Premises as 9 > aforesaid, notwithstanding any other termination provision contained herein, COUNTY 2 may terminate this Lease 3 Conditions caused solely by COUNTY and not subject to the control of LESSOR are excluded from this provision 4 9 UTILITIES (AE4 1 N) 5 COUNTY shall be responsible for and pay, prior to the delinquency date, all charges 6 for utilities supplied to the Premises 7 F S 10 FIRE INSURANCE (AE5 1 S) 8 LESSOR shall maintain throughout the term of this Lease fire insurance with extended 9 coverage on the Premises to the full insurable value of improvements located on the 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 10 policy or policies Upon demand of COUNTY, LESSOR shall provide COUNTY with evidence 11 of compliance with these requirements 12 11 PUBLIC LIABILITY INSURANCE (AE6 1 N) 13 COUNTY agrees, at its sole expense, to maintain in force during the term of this Lease comprehensive general liability insurance, insuring against claims for injuries to persons or property occurring in, upon, or about the Premises Said insurance shall 14 have limits of not less than $1,000,000 for injuries to person or persons, and not 15 less than $1,000,000 for property damage At COUNTY's option, COUNTY may self - insure the coverages required by this paragraph 16 1 2 TAXES AND ASSESSMENTS (AE7 1 S) 17 All taxes and assessments, if any, which become due and payable upon the Premises 18 shall be the full responsibility of LESSOR, and LESSOR shall cause said taxes and assessments to be paid promptly 19 13 INDEMNIFICATION (N) 20 COUNTY shall 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 21 nature which LESSOR, its officers, agents, and employees may sustain or incur or which 22 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 COUNTY, its 23 officers, agents, employees, subtenants, invitees, or licensees, in connection with the occupancy and use of the Premises by COUNTY 24 Likewise, LESSOR shall indemnify and save harmless COUNTY, its officers, agents, and 25 employees, from and against any and all claims, demands, losses, or liabilities of any kind or nature which COUNTY, its officers, agents, and employees may sustain or incur 26 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, 27 its officers, agents, employees, subtenants, invitees, or licensees, in connection with the maintenance or use of the Premises by LESSOR 28 -3- CCA cv alj 0946w-4 2 -25 -88 t � 1 14 DEFAULTS AND REMEDIES (AF12 1 S) 2 In the event of any breach of this Lease by COUNTY, LESSOR shall notify COUNTY in 3 writing of such breach, and COUNTY shall have 30 days in which to initiate action to cure said breach 4 15 STATE AUDIT (AF14 1 S) 5 Pursuant to and in accordance with Section 10532 of the California Government Code, 6 in the event that this Lease involves expenditures and /or potential expenditures of State funds aggregating in excess of ten thousand dollars ($10,000), LESSOR shall be 7 subject to the examination and audit of the Auditor General of the State of California for a period of three years after final payment by COUNTY to LESSOR under this Lease. 8 The examination and audit shall be confined to those matters connected with the per- formance of the contract, including, but not limited to, the costs of administering 9 the contract 10 16 PREVAILANCE OF LEASE (N) 11 If there is a conflict between the General Conditions and the terms specified in this Lease, the latter shall prevail over the former 12 17 NOTICES (AF2O 1 S) 13 All written notices pursuant to this Lease shall be addressed as set forth below or as 14 either party may hereafter designate by written notice and shall be personally deliver- ed or sent through the United States mail 15 TO LESSOR TO COUNTY 16 City of Seal Beach County of Orange 17 City Hall GSA /Real Estate Division 211 Eighth Street P 0 Box 4106 18 Seal Beach, CA 90740 Santa Ana, California 92702 -4106 and 19 Orange County Fire Department Administrative Services 20 180 South Water Street Orange, CA 92666 21 18 ATTACHMENTS (AF21 1 S) 22 This Lease includes the following, which are attached hereto and made a part hereof 23 I GENERAL CONDITIONS 24 II. EXHIBITS 25 A. Description - Premises 26 27 B Plot Plan - Premises 28 CCA rh cv 69 -4 -4 -4- 12-23-87 , 1 IN WITNESS WHEREOF, the parties have executed this Lease the day and year tirst 2 above written 3 LESSOR 4 City of Seal Beach 5 6 By , L 7 City Manager 8 9 APPROVED AS TO FORM B y County .aunsel 10 / 9 11 By 11 0 jitif 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 � BY ( .l(rAile a 19 Real Propel y Agent 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 23 24 , B r p 25 LINDA D. ROBtRTS APR 2 6 1988 Y Clerk of the Board of Supervisors 26 of Orange County, California 27 28 CCA rh sf 69 -4 -5 12 -3 -87 1 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 terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators, and assigns of all the parties hereto, all of whom shall be jointly and severally liable hereunder 4 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 EXCUSE 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 a t 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 terns, 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 vaiver 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 -3 WRITTEN BY CCA PROJECT NAME Seal Beach Fire Station No 44 APPROVED BY FA LESSOR City of Seal Beach PARCEL GA 869 -3 All the Premises shown on a plot plan marked "Exhibit B" attached hereto and made a part hereof, being that certain fire station at 718 Central Avenue, in the City of Seal Beach, County of Orange, State of California and located on Lots 41, 43, 45, and 47 of Biock 7 of the Bay City Tract, per Map recorded in Book 3, Page 19 of Miscellaneous Maps, in the Office of the County Recorder of Orange County, California, together with the exclusive use of five parking spaces located on Lots 35, 37, and 39 of Block 7 of said Bay City Tract NOT TO BE RECORDED EXHIBIT A CCA cv 0946w -1 2 -18 -88 t a. •••41,444•44...r.. . - . `".,, �.,,,, -S"` - - wrrr*wr +R....w+nwct'ra'ANIP. • uo.. nra , nwe�wn „ �n»cw gct +w�.w.....vai+x....!.. �v� w n+ ysT•„ arrw,. ...,,. 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P � :R", tor i 13'c Gf.� sah �.: >> tkr.. t 1 F0270-743 Ex 48-17 a_� �� 48 °17 a r u b 1 4 a ....54.utg.alasas a I , MINUTES OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA APRIL 26, 1988 FIRE PROTECTION AGREEMENT AND LEASES WITH THE CITY OF SEAL BEACH Fire Department requests approval of a five -year Fire Protection Agreement and leases of two city -owned fire stations located at 718 Center Avenue and 3131 Beverly Manor Road, Seal Beach MOTION On motion by Supervisor Roth, seconded by Supervisor Vasquez, the Board authorized execution of the agreements and leases and return of the duplicate agreement to Fire Department and duplicate lease to General Services Agency /Real Estate Division MOTION UNANIMOUSLY CARRIED CRSF101323(12/76)