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HomeMy WebLinkAbout6500 - Lease of State Property1 2 3 4' 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 7-'(12) r. RESOLUTION NO. 6500 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT. BEACH APPROVING THE LEASE OF CERTAIN STATE PROPERTY. AND AUTHOR.IZING.THE_MAYOR TO EXECUTE SAID LEASE WHEREAS, the State of California has agreed to lease to the City of Newport Beach that certain one story concrete block office building,known and designated as 204 Riverside Avenue, New- port Beach, California, at a rental of $100.00 per year; and WHEREAS, the City of Newport Beach is desirous of leas- ing said property; NOW, THEREFORE, the City Council of the City of Newport Beach hereby resolves as follows: 1. That the City of Newport Beach agrees to lease from the State of California the above described property, subject to the terms and conditions stated in the attached rental agreement labeled Exhibit 'WD and by this reference made a part hereof. 2. That the Mayor and City Clerk are authorized and directed to execute said agreement on behalf of the City of Newport Beach. ADOPTED this 9th day of January 1967. y Mayor ATTEST: c ng ty C erc Form RW -31o, m/$/bb OFtA 00 1 18. —SEC. DEED NO. 41214 ACCT. NO. X22 • -d RENTAL AGREWENT - INDIVIDUAL UNIT . Multiple, Commercial & Residential Master 'dater Meter This agreement made in duplicate this 8th Day of December 19 66 , by and between the State of California, hereinafter designated as "State", and the undersigned designated as tenant who hereby agrees to rent property owned by State of California, consisting Of that certain 1 -story concrete block office building, known and designated as 204 Riverside Avenue# Newport Beach$ County of Orange$ State of California, per Year Yearly at a rental of $ 100.00 payable 3?96VQ* in advance, on the first day of each calendar IM beginning January 1 , 19 67 . Year Tenant hereby approves, agrees and consents to the following erns and conditions: (1) That the renting of the above premises is on a month -to -month basis and tenant agrees to pay said, rent to the Division of :ghways at _220_ Sou6h Spring Street #Loa AngelespCaliiffornia 20012 in advance on the first clay of each down as long as =__ cy continues* Year 1 - 388 EXRIBIT "A1° I Form RW -310 (2) To pay promptly when due, all gas, light, water, and other utility bills applicable to the premises during our occupation, and to save the State harmless therefrom. (3) State will not make any improvements or repairs on said property of any nature whatsoever, (4) That no credit will be allowed tenant by State for the cost of any repair work performed or ordered done by the tenant. (5) Not to let or sublet the whole or any portion of the property, nor to assign this tenancy to a third party, nor to make or suffer any alterations to be made in or on said property, without first obtaining the written consent of State. In the event of a breach of this condition, State shall have the power to immediately declare this rental agreement terminated and will thereupon be entitled to immediate possession of the property. The tenant will give the State immediate notice of intention to move or vacate to € - property, and upon such vacation agrees to leave same in as good condition ai existed as of the day possession of the property was taken allowing, of course, for ordinary and normal usage during occupancy; and to reimburse State for any damage done to said property, caused by tenants occupation or tenancy, other than that due to normal use. (7) To keep property in a neat, clean and orderly condition at all times during occupancy including watering of shrubs and lawns, and not permit rubbish, tin cans, garbage, etc., to accumulate at any time; not to commit, suffer or permit any waste of said premises or any acts to be done in violation of any laws or ordinances; nor to use or permit the use of said premises for any illegal or immoral purposes; and to comply with all State laws and local ordinances concerning said property and the use thereof. (8) State will not keep property insured against fire, or any other insurable risk and tenant waives the right to claim damages from the State for any damage resulting to said property in the event damaged or destroyed by fire or any other cause. (9) That,this tenancy is temporary by reason of the fact that State has acquired the premises for highway purposes, and tenant waives the provisions of Sections 1941 and 1942 of the Civil Code, which reads as follows= "1941. Obligations of Lessor. The Lessor of a building intended for the occupation of human beings, must, in the absence of an agreement to the contrary, put it into a condition fit for such occupation, and repair all subsequent delapidations thereof, which render it untenantable, except such as are mentioned in Section nineteen hundred and twenty - nine." -2A- District X711 R/A 310 "1942. If within a reasonable time after notice to the Lessor, of dilapi- dations which he ought to repair, he neglects to do so, the Lessee may repair the same himself, where the cost of such repairs does not require an expenditure greater than one month's rent of the premises, and deduct the expenses of such repairs from the rent, or the Lessee may vacate the premises, in which case he shall be discharged from further payment of`, rent or performance of other conditions." (10) To vacate said premises at any time within 30 days, after •receipt of a notice so to do from State; and failing to vacate as herein provided, agrees that State, or its authorized agents may enter upon said property and remove our personal property therefrom and in this event tenant waives any and all claims for damages against State, its agents or employees. Nothing herein shall be deemed a waiver of any rights of State to demand and obtain possession of said premises in accordance with lam in the event of a violation on tenants part of any of the terms or conditions hereof. (11) In the event there is any prior existing lease or rental agreement between Tenant and State (or its predecessor in interest) covering the subject property, it is agreed and understood ttia t this Rental Agreement shall cancel and terminate said prior lease or rental agreement as of the effective date of this Rental Agreement. (12) Tenant recognizes Agreement that his possible possessory interest tax such interest, and that such tax the State hereunder and any such paid by the tenant. ind understands in accepting this Rental interest therein may be subject to a that the city or county may impose on payment shall not reduce any rent due tax shall be the liability of and be (13) That this lease is made upon the express condition that the State of California, its officers, agents and employees are to be free from all liability and claim for damage by reason of any injury to any person or persons, including lessee, or property of any kind whatsoever and to whomsoever belonging, including lessee, from any cause or causes whatsoever while in, upon, or in any way connected with the said demised premises or the sidewalks adjacent thereto during term of this lease or any extension hereof or any occupancy hereunder, lessee-hereby covenanting and agreeing to indemnify and save harmless the State of California, its officers, agento and employees from all liability, loss, cost, and obligations on account of or arising out of any such injuries or losses however occurring. (14) To pay to the State all costs and expensea, including attorney's fee: in a reasonable sum, in any action brought by the State to recover any rent due and unpaid hereunder, or for the breach of any of the covenants or agreements contained in this rental agreement, or to recover possession of said property whether such action progresses to judgment or not. VII - 362 - 3 - District VII R/A 309-A & 310 -A Tenants) hereby agree(s) to deposit with the State $ as a guarantee for faithful performance of the conditions of thi Agreement. If at any time tenant fails to keep and perfor of the terms, covenants, and conditions of this Agreement, i ing the payment • of rent, overdue and unpaid, State may, at its _s option, appropriate and apply all or any portion of said secur eposit to the payment of any loss or damage incurred by State eason of tenant's default or breach. Upon termination of th reement and tenant's vacating the premises and return of the of said premises, State shall return, without interest, sa eposit or portion remaining, if any, after de- ductions for a unt equal to any unpaid rents and /or loss and damage sustained tate due to such breach or default by tenant. Vacancy date l be the date keys are deposited in the mail, or date delivered (16) That Lessee shall, at his own expense, take out and keep in force during the within tenancy, (a) public liability insurance, in a company or companies to be approved by the Lessor, to protect the State of California, its officers, agents and employees against any liability to the public incident to the use of, or resulting from injury to, or death of, any person occurring in, or about, the demised premises, in the amount of not less than $100,000.00, to in- demnify against the claim of one person, and in the amount of not less than $200,000.00, against the claims of two or more persons resulting from any one accident; and, (b) property damage or other insurance, in a company or companies to be approved by the Lessor, to protect Lessor, its officers, agents and employees, against any and every liability incident to the use of or resulting from any and every cause occurring in, or about, the demised premises, including any and all liability of the Lessor for damage to vehicles parked on the demised premises, in the amount of not less than $50,000.00. Said policies shall inure to the contingent liabilities, if any, of the Lessor, and the officers, agents and employees of Lessor and shall obligate the insurance carriers to notify Lessor, in writing, not less than fifteen (15) days prior to the cancellation thereof, or any other change affecting the coverage of the policies. If said policies contain any exclusion concerning property in the care, custody or control of. -the insured, an endorsement shall be attached thereto stating that such exclusion shall not apply with regard to any liability of the State of California, its officers, agents, or employees. Lessee shall furnish to Lessor a certified copy of each and every such policy within not more than ten (10) days after the effective date of the policy. Lessee agrees that, if Lessee does not keep such insurance in full force and effect, Lessor may take out insurance and pay the premiums thereon, and the repayment thereof shall be deemed to be additional rental and payable.as such on the next day upon which rent becomes due hereunder. VII - 380 -4- r s District VIZ RSA 309 -}4 & 310 -A (17) It is agreed by and between the parties hereto that this tenancy is of a temporary nature and that no Relocation Payment or Advisory Assistance will be sought or provided in any form as a consequence of this tenancy. RECOMMEND�EDD QFOR APPROVALt — Rental Agent— APPROVED AND CONSENTED TO: State of California Department of Public Works Division of Highways By Rental Property Manager VII - 460 -5- CM OF NEWPORT BEACH c ea Recrea on Dept. u-- ADDENDA PURSUANT TO CIVIL RIGHTS ACT OF 1964 1. The tenant, for himself, his personal representatives, succes- sors in interest, and assigns, as a part of the consideration • hereof, does hereby covenant and agree that (1) no person, on the ground of race, color, or national origin shall be excluded from participation in, be denied the benefits of, or be other- wise subjected to discrimination in the use of said facilities, (2) that in connection with the construction of any improve- ments on said lands and the furnishing of services thereon, no discrimination shall be practiced in the selection of employees and contractors, by contractors in the selection and retention of first -tier sub - contractors, and by first -tier sub - contractors in the selection and retention of second -tier sub- contractors, (3) that such discrimination shall not be practiced against the public in their access to and use of the facilities and services provided for public accommodations (such as eating, sleeping, rest, recreation, and vehicle servicing) constructed or operated on, over, or under the space of the right -of -way, and (4) that the tenant shall use the premises in compliance with all other requirements imposed pursuant to Title 15, Code of Federal Regulations, Commerce and Foreign Trade, .Subtitle A Office of the Secretary of Commerce, Part 8 (15 C.F.R., Part 6), and as said Regulations may be amended. - 2. That in the event of breach of any of the above non - discrimination covenants, the State shall have the right. to terminate the agreement and to re -enter and repossess said land and the facili- ties thereon, and to hold the same as if said agreement had never been made or issued. VII - 441 0 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF NEWPORT BEACH) I, LAURA LAGIOS, Acting City Clerk of the City of Newport Beach, California, do hereby certify that according to the records of the City of Newport Beach filed and maintained in my office, the foregoing Resolution No. 6500 was duly and regularly.adopted, passed, and approved by the City Council of the City of Newport Beach, California, at a regular meeting of said City Council held at the regular meeting place thereof, on the 9th day of January , 196V, by the following vote, to wit: AYES, COUNCILMEN: Rogers, Parsons, Marshall, Gruber, Cook, Forgit, NOES, COUNCILMEN: ABSENT, COUNCILMEN: None None Dated this 10th day of January , 1967 City Council, City of Newpoik Beach, State of California. i