HomeMy WebLinkAboutC-1094 - 204 Riverside rental agreement�4�
F E S 10 1975
By the G7Y CcXlrwI►
CITY OF NQVMT NACh
oi.
CITY OF NEWPORT BEACH
PARKS, BEACHES & RECREATION DEPARTMENT
February 10, 1975
TO: MAYOR & CITY COUNCIL
FROM: PB & R Director
SUBJECT: LEASE TERMINATION WITH STATE OF CALIFORNIA
RECOMMENDATION:
Notify the State of California that the City
wishes to terminate its lease agreement for
the property located at 204 Riverside Avenue,
Newport Beach.
DISCUSSION:
Since 1967 the City of Newport Beach has been leasing a building
from the State of California located at 204 Riverside Avenue.
The primary purpose of this building was to provide an office
space for the Balboa Power Squadron and to make other uses of the
facility as the City saw-fit.
Last fall the City was notified by the Balboa Power Squadron that
they were going to discontinue their use of this particular build-
ing. PB & R staff recommended to the City Council that the City
retain the facility through at least the calendar year 1975 to
conduct recreation programs and have recreational instructional
classes at this location.
Rental fee for the building has been $100.00 per year since the
original date of the agreement in 1967. The City has just been
notified that the State has reviewed its lease policies and that
they feel this particular building is underpriced for leasing at
$100.00 a year; therefore, effective March 1, 1975, the building
will lease to the City for $200.00 per month.
We cannot justify this increased fee to retain a building for
limited recreational use and., therefore, recommend that the State
be notified that the City wishes to terminate its lease for the
building at 204 Riverside Avenue, effective immediately.
7
L
Calvin C. Stewart
CCS:h
Attachment
� 793
G -5
h �
%round G, Brown) �Jr.
STATE OF CALIFORNIA — BUSINESS AND TRANSPORTATION AGENCY RL1LId1�3EA[:AF4 Governor
DEPARTMENT OF TRANSPORTATION
DISTRICT 7, P.O. BOX 2304, LOS ANGELES 90054
January 21, 1975
7-Ora-1-18.0
Account 41244- 001 -01
204 Riverside Drive
Newport Beach
City of Newport Beach
City Hall
3300 Newport Boulevard
Newport Beach, CA 92660
Attention: Mr. Calvin C. Stewart, Director
Parks, Beaches & Recreation Dept.
Gentlemen:
By policy we are compelled to make periodic reviews
of our rental rates and to adjust rates to the end that we
are receiving current fair market rent. As a result of our
latest review, it will be necessary to increase the rent
on the above referenced property from $100.00 per year to
$200.00 per month.
The necessary papers to make this change will be
forwarded to you under separate cover. The rental rate
change will be effective March 1, 1975.
Very truly yours,
ROG E, WILLIAMS
Senior Right of Way Agent
Property Management
PG:hh
ee O
'rWIA
44 -fprx
J5- -3 -�7
STATE OF CALIFORNIA - HIGHWAY TRANSPORTATION AGENCY
DEPARTMENT OF PUBLIC WORKS
DIVISION OF HIGHWAYS
DISTRICT 7
P. G. BOX 2304, LOS ANGELES 9M
Mr. Calvin C. Stewart, Director
Parks, Beaches, and Recreation Department
City of Newport Beach
1714 West Balboa Boulevard
Newport Beach, California
Dear Mr, Stewart:
SUBJECT: Status of Rental Account
C
OL RONALD
February 10, 1967,
Rentals 07
#52295
6 -1 -2
204 Riverside Ave.
Newport Beach, Calif.
Your tenancy with the State is being processed. The status
of your account is as follows:
Rental Rate: $100.00
Beginning Date: January 1, 1967
Money Collected By Agent: $100.00
If this is not correct, please contact Mr. Yates at 620 -a 8o
immediately. Payments made after initial con ac by Agent
are not shown.
Very truly yours,
RIGHT -OF -WAY DEPARTMENT
KKY A9MPBE
Rental Property Manager
KMC:RG:jd -6
7 -RAR -645
SEP 66
rx"
STATE OF CALIFORNIA — TRANSPORTATION AGENCY RONALD REAGAN, Governor
DEPARTMENT OF PUBLIC WORKS
DIVISION OF HIGHWAYS
DISTRICT 7, P.O. BOX 2304, LOS ANGELES 90054
February 9, 1967
07- Rentals -Ora -1
PM 18.o
Parcel 41244
Account No. 52295
6 -1 -2
204 Riverside Avenue
City of Newport Beach
Parks, Beaches & Recreation Department
1714 Balboa
Newport Beach, California
Attention: Calvin C. Steward, Director
Gentlemen:
Enclosed is a fully executed copy of the Rental
Agreement covering your tenancy with the State.
Very truly yours,
KAYO CAMPBELL
Rents Property anager
RAY:lc -6
Encl.
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i7'(€s)
ORA 0001 14.0
U. R .
DEED NO. 41244
ACCT. NO. 52295
RENTAL AG f - INDIVIDUAL U14IT
Multiple, Coiiercial & Residential
,taster Water Meter
'Phis agreement mettle in duplicate this .4jgL day of
January, 1967, by and between the STATE OF CALIFCIRNIA, hereinafter
designated as "State ", and the undersigned designated as tenant
who hereby agrees to rent property owned by state of California,
coat =sting of that certain I -story concrete block office building,
known and designated as 204 Riverside Avenue, Newport Beach,
County of Orange, State of California, at a rental of $100.00 per
year, payable yearly in advance, on the first day of each calendar
year beginnin. January 1, 1967.
Tenant hereby approves, agrees and consents to the fol-
lowing; terms and conditions:
(1) That the renting of the above premises is on a
mouth -to -month basis and tenant agrees to pay said rent to the
Division of Highways at 120 South Spring Street, Los Angeles,
California 90012, ir: advance on the first day of each year as long
as tenancy continues.
(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 :.°ark performed or ordered done by the
tenant.
(5) Not to let, or sublet the whole or any portion or
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,
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without first obtaining the written consent of State. In the
event o!: 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 propertyi
(S) The tenant will give the State immediate notice
of intention to move or vacate the property, and upon such
vacation agrees to leave same in as good condition as existed as
of the day possession of the property was taken allowing, of
course, for ordinary and normal usage durim3 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 con-
dition at all times during occupancy, including watering of
shrubs and lawns, and not permit rubbish, tin cano, garbage, etc.,
to accumulate at any time; not to commit, suffer or permit any
waste of said premises or any acts to be dor<.e in violation of any
laws or ordinances; nor to use or permit the use of said prem-
ises 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 read as follows:
"1941. Obligations of Lessor. The Lessor of a building
intended for the occupation of human beings, must, in -Lhe
absence of an agreement to the contrary, put it into a con-
dition fit for such occupation, and repair all subsequent
dilapidations thereof, which render it untenantable, except
such as are mentioned in Section nineteen hundred and
twenty - nine."
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"1942. If within a reasonable time after notice to
the Lessor, of dilapidations 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 expend-
iture 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; &Kd failing
to vacate as herein provided, agrees that State, or its author -
ized agents may enter upon said property arad 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 law in the event of a violation on tenant's 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 that this Rental Agreement shall cancel and terminate
said prior lease or rental agreement as of the effective date of
this Rental Agreement.
(12) Tenant recognises and understands in accepting
this Rental Agreement that his interest therein may be subject to
a possible possessory interest tax that the city or county may
impose on such interest, and that such tax payment shall not
reduce any rent due the State hereunder and any such tax shall be
the liability of and be paid by the tenant.
(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,
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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 cov-
enanting and agreeing to indemnify and save harmless the State of
California, its officers, agents 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 expenses, includ-
ing attorney's fees in a reasonable sum, in any action brought by
the :Mate 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 whethez
such action ;progresses to judgment or not.
(15) 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
4100,000.00, to indmmify r. >ainat 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
',y the Lessor, to protect Lessor, its officers, agents and employee
against any and every liability incident to the use of or resulting
from any and every cause occurring in, or about, the demised prem -.
ises, including any and all liability of the Lessor for damage to
vehicles parked on the demised premises, in the amount of not less
roan $50,000.00. Said policies shall inure to the contingent lia-
bilities, if any, of the Lessor, and the officers, agents and
4.
U
�Otrict vil
:.. it A 309 -A 810
99
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s
i�
CITY CLERK
January 13. t967
City Manager. Attn: J. DeChaine
Acting City Clerk
Agreements with the State of California and the Balboa Power
Squadron for :property at 204 Riverside Avenue
Attached are original and two copies of agreement with the State for the
City to lease property at above- mentioned address. Said agreement has
been rewritten and should be signed by the State. Please have the agreements
signed and return axecuted originai_ta this - offi€e:
Also attached are original and two copies of agreement subleasing the
above - mentioned property to the Balboa 'Power Squadron. Please have the
agreement signed and return executed original to this^office.
Laura Lagios
Acting City Clerk
LL:bj
enc -6
cc: harks. Beaches & Recreation Director (with attachments)
0 0
CITY OF NEWPORT BEACH
CITY ATTORNEY
DEPARTMENT
January 9, 1967
To: City Clerk
From: City Attorney
1
Subject: Agenda item 'd -S
Transmitted are the tollowing:
1. An agreement with the State whereby the City is leasing
certain State property known as 204 Riverside Avenue.
2. A resolution which, if adopted by the City Council, will
approve the lease and authorize execution on behalf of
the City.
3. An agreement between the City and Balboa Power Squadron
whereby Balboa Power Squadron is leasing property known
as 204 Riverside Avenue from the City.
4. A resolution which, if adopted by the City Council, will
approve a license aSreement between the City and Balboa
Power Squadron and authorize execution on behalf of the
City.
THS:aem
Attachs.
cc - City Manager
Finance Director
P B & R Director
yy
>> s
cu' m
Tully H. Seymour
City Attorney
To
From
0
CITY OF NEWPORT BEACH
City Clerk
City Attorney
CITY ATTORNEY
DEPARTMENT
E
January 13, 1467
Subject: Rental agreement with the State for property known
as 204 Riverside Avenue, Newport Beach
Transmitted is subject agreement which the Council approved by
Resolution No. 6500. Tiiis has been retyped, but uses the same
language as that in Eyhibit "A" attached to the resolution.
Tully H. Seymour
City Attorney
By�'nx,': 'x<
Georse B. Roberts
Assistant City Attorney
GDR:aem
Attachs
cc -City Manager
P B & R Director
STATE OF CALI NIA — HIGHWAY TRANSPORTATION AGENCY EDMUND G. BROWN, Governor
DEPARTMENT OF PUBLIC WORKS
DIVISION OF HIGHWAYS
DISTRICT 7
P. O. BOX 2304, LOS ANGELES 90054 December 8, 1966
Rentals 7 -Ora -1 -18.0
Parcel 41244
Acct. 52295/6 -1 -2
204 Riverside Ave.
City of Newport Beach
Parks, Beaches & Recreation Dept.
1714 W. Balboa
Newport Beach, California
Attention: Calvin C. Stewart, Director
Gentlemen:
Enclosed is Rental Agreement, in triplicate, covering your
rental of State -owned property located at the above address.
Rent to the State commences January 1, 1967, at a rate of
$100.00 per year and you are to pay all utilities and make all
repairs to the property.
Your attention is directed to the insurance requirements
in Paragraph 16. New proceedures now permit execution of the
enclosed forms entitled CERTIFICATE OF INSURANCE and STATE -OWNED
PROPERTY ENDORSEMENT, which may be used in lieu of a certified
copy of the original policy. No other form of Certificate of
Insurance will be acceptable. Completion of the enclosed forms
will evidence the sufficiency of insurance.
Upon the receipt of two signed Rental Agreements (the
original and one copy), the required evidence of insurance, and
the rent of $100.00 for the first year, the keys will be delivered
to Mr. Stewart for you to take possession of the property.
An addressed envelope is enclosed for your convenience. Your
cooperation with the Division of Highways is appreciated.
Very truly yours,
O'C%4PBELL
Rental Property Manager
1 /cf /6
Encl.
0
9
BALBOA POWER SQUADRON
A UNIT OF UNITED STATES POWER SQUADRONS
P. O. BOX 1609
NEWPORT BEACH. CALIFORNIA
18 October 1966
City of New port Beach
Department of Parks & Recreation
3300 Newnort Blvd
Newport Beach, California
Attn: Cal Stewart
Gentlemen,
This will confirm my conversation with Mr. Stewart
in which it was agreed that our squadron w'.11 assume all
maintenance of the former Credit Bureau building on
Riverside avenue including custodial, etas, water, electric,
and general upkeep to the satisfaction of the city.
The city is to obtain this building from the state for
an approximate rental of per year, which is to be
paid by the squadron. ajoe,d,
-i eturn for the fore oing, the city w:;.11 grant
.''exclusive use of the building to the Balboa Poorer Squadron.
Yours very truly,
0
'?AL. ?OA PO ?i ER S'TTADR01
Yenneth R. Logan, N
Commander
T'R'I Al
jm/Wbb
• •
Form RW -310
W . 1y
DEED N0. 41244
ACCT. NO. X22
RENTAL AGRZa ENT - 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 t 100,00 , payable in advance, on the
first day of each calendar Year beginning JWW&rq 1 , 19 67
Year
Tenant hereby approves, agrees and consents to the following
terms 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
Highways at 120 South Spring Street, Los Angeles, California 90012
s.
VII - 388
vanes on the first day of e
s long as
•
E
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.
(6) The tenant will give the State immediate notice of intention
to move or vacate the property, and upon such vacation agrees
to leave same in as good condition as 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,"
-2p-
0
• District V11
R/A 310
111942. 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 law 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 that
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.
and 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 ].ease is made upon the express condition that
the Stat =e 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. -r 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 agreeirg to indemnify and save harmless
the State of California, its officers, agent: and employees from all
liability, loss, cost„ and obligations on account of or arising out ct:
any such injuries or losses however occwrri.ng.
(14) To pay to the State all costs _end expenses, including
attorney's fees in a reasonable sum, in any action brou..ght
by the State to recover any rent due and unpaid hereunder, or for the
breach of any of the covenants or agree; ^ents contained in this rental
agreement, or to recover possession of said property whether such ac`aon
progresses to judgment or not.
VII - 362 - 3 -
Tenants) hereby agree(s) to
as a guarantee for faithful performance
Agreement. If at any time tenant fails
. District VII
R/A 309 -A & 310 -A
deposit with the State $
of the conditions of thi
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 reason 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 an unt equal to any unpaid rents and /or loss and damage
sustained tate due to such breach or default by tenant. Vacancy
date 1 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_
District VII
R/A 309 -A & 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.
6) 40 e)
APPROVED AND CONSENTED TO:
State of California
Department of Public Works
Division of Highways
By
Rental Property Manager
VII - 460
-5-
CITY OF IOjNMM MACH
ea!K Ott Mps,
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
�t
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Form RW -310
i
r•
jM/R/bb ORA 00 �T 1 . 18
GO 0 .0
DEED NO. 41244
ACCT. NO. X22
RENTAL AGRZWENT - INDIVIDUAL UNIT
Multiple, Commercial & Residential
Master 'Rater 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 Avenueo
Newport Beach, County of Orange, State of California$
per Year Yearly
at a rental of 100.00 3, payable =504 in advance, on the
first day of each calendar UK= beginning January 1 19 67
Year
Tenant hereby approves, agrees and consents to the following
terms 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
Highways at 120 South Spring Streetk- Los Angeles, California 90012
teno ,v comes.
VII ,d8
e on
as tone as
E)MIBIT "A"
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.
(6) The tenant will give the State immediate notice of intention
to move or vacate the property, and upon such vacation agrees
to leave same in as good condition as 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-
• Distri'et 721
WA 310
111942. 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 law 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 that
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, agents and employees from all
liability, loss, cost, and obligations on account of or arising out cf
any such injuries or losses however occurring.
(14) To pay to the State all costs and expenses, including
attorney's fees 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 -
0 District VII '
R/A 309 -A & 310 -A
Tenant(s) 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 an 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_
District VII
R/A 309 -p & 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.
RECOMMENDED FOR APPROYALt
APPROVED AND CONSENTED TO:
State of California
Department of Public Works
Division of Highways
By
Rental Property Manager
VII - 460
-5-
CITY OF WIPORT BEACH
Parkes C BS eCT@8 an t*
0
r
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
• Form RW -310
JW' bb RA 1 #. V.
DEED N0. 41244
ACCT. N0. 22
RENTAL AGREWENT - INDIVIDUAL UNIT
Multiple, Commercial & Residential
Master 'Water 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 Heachr County of Orange, State of California,
per Yearly
at a rental of 100.0o C payable
in advance, on the
first day of each calendar ]BM beginning Janxary 1 19 67
Year
Tenant hereby approves, agrees and consents to the following
terms 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
Highways at 120 South Sprins Street. Los Angeles, California 90012
11KOTi
cy continues.
VII - 388
Year
as ionz as
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.
(6) The tenant will give the State immediate notice of intention
to move or vacate the property, and upon such vacation agrees
to leave same in as good condition as 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:
111941. 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-
i
• District V11
FVA 310
111942. 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 law 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 that
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 .'..ease 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, er 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, agent.> and employees from all
liability, loss, cost, and obligations on account of cr arising out c£
any such injuries or losses however occurring.
(14) To pay to the State all costs and expenses, including
attorney's fees 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 -
Tenant(s) hereby agree(s) to
as a guarantee for faithful performance
Agreement. If at any time tenant fails
District VII
R/A 309 -A & 310 -A
deposit with the State $
of the conditions of thi
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 posit or portion remaining, if any, after de-
ductions for an unt equal to any unpaid rents and /or loss and damage
sustained ate due to such breach or default by tenant. Vacancy
date 1 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
s
0 0
District VII
R/A 309 -A & 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.
APPROVED AND CONSENTED TO:
State of California
Department of Public Works
Division of Highways
By
Rental Property Manager
VII - 460
-5-
CPPY OF XZMRT BEACH
ftrks,, beaches & Recreation 1lpt.
0 0
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