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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