HomeMy WebLinkAboutC-1235 - Lease agreement for office space at 414 32nd Street0
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TO: FINANCE DIRECTOR
FROM: City Clerk
SUBJECT: Contract No. 1235
Description of Contract Image fb office nWM at 414 gim Stmat
00uncil actim to exwute a lone agreement.
authorwizinUty Effective ._ 1.
Contract with RAUR J. Peimer end Wit1iam K. Bamett
Address 1111 Devon Dane
Amount of Contract
-city Clerk
S.LEASE is made and executed.,pn. f7 ,
1969, by and between PHILIP J. REINER and ._WILLIAM K. BARNETT,
partners, hereinafter '` lid "Lessor", and the CITY OF NEWPORT
BEACH, a municipal corpord..,- ..,.,� hereinafter called '!Lessee ".
1. CONSIDERATION AND DESCRIPTION OF PROPERTY.
In consideration of the rents herein rss.erved and
of the performance by the parties of the terms, covenants and
conditions herein contained, Lessor hereby leases to Lessee
and Lessee hires from Lessor those certain premises situated
in the City of Newport Beach, County of Orange, State of
California, described as follows: Those areas of the building
located on the second floor at 414 - 32nd Street, City of
Newport Beach, California.
2. TERM.
The term of this lease shall be for a.period of
twenty -four (24) calendar months, commencing on July 1, 1969,
and expiring unless sooner terminated or renewed on June 30,
1971.
3. RENEWAL OPTIONS.
Lessee shall have the option to extend this lease
for two successive 12 -month terms following the expiration
of the initial 24 -month term. If Lessee elects to exercise
this option it shall notify Lessor in writing not less than
thirty (30) days prior to the expiration of the initial term
of this lease of its intention to extend the lease for an
additional 12 -month term. If Lessee exercises the first op-
tion to extend the lease for an additional 12 -month term, it
may extend the lease for one additional 12 -month term by
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gibing written notice to Lessor-
day r tp the expiration o
4. RENTAL PAYME
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`less than thirty (30)
first 12 -month term.
The obligation of -f essee_t
pp pay rent for the use
of the premises shall.commence on July 1, 1969. The rental
for the leased"
premises- .lie: occupied commencing July 1,
1969, shall be $425 per month, payable in advance on the
1st day of every month thereafter, during the term of this
lease and $450 per month, payable in advance on the 1st day
of every month thereafter, during the term of any extension
thereof.
5. PREPARATION OF PREMISES.
Prior to the Lessee taking possession of the premises,
the Lessor agrees to undertake the following structural and
decorative modifications to the rented premises:
(A) installation of new partitioning throughout
as needed;
(B) installation of sheet rock partitions with
wall paneling throughout;
(C) installation of new carpeting throughout;
(D) installation of new windows in both front
and rear portions of the building;
(E) application of new acoustical ceiling materials;
(F) installation of new entrance at rear of
building;
(G) installation of new florescent lighting
fixtures;
(H) installation of new fire -proof doors to
offices;
(I) some remodeling of upstairs restrooms, in-
cluding any new fixtures needed;
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_+ < =w (J) one -half of the co& .o,€ h central air.-
conditioning and heating syst "
PARKING.
Lessor agrees to provide..three paved., marked parking
spaces, on the site #is;,tt exclusive use of Lessee.
7. USE OF P -,
(A) Lessee agrees to use the premises for City
offices and for.no other purpose without the consent of the
Lessor.
(B) Lessee agrees not to use the premises or suffer
the same to be used for any purpose or purposes or do or suffer
to be done anything in violation of any public authority, or
of any policy of insurance upon the premises, or do or permit
to be done any act which will occasion or constitute a ground
for cancellation of any such insurance policy or for any
increase in the rate of insurance on said property and not to
commit or suffer to be committed any nuisance upon said
premises.
8. UTILITIES.
Lessee hereby agrees to pay for heat, light, gas,
power and all other utilities and services supplied to the
premises, except for water service which shall be paid for
by Lessor.
9. TAXES.
Lessor agrees to pay for all taxes assessed and
levied upon this property.
10. MAINTENANCE AND REPAIRS.
(A) Lessee agrees to maintain the second floor of
the premises, including the stairway leading thereto, in
good and sanitary condition and repair, except for reasonable
use and wear, by providing at its expense all custodial and
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maintenance services.
(B). Lessee agreeaE; wreplace any glass in the
premises which may become damaged or broken by Lessee`s
employees,
(C) Lessor agrees to maintain.:; good condition
and repair the exterior walls, roofs, central heating and air -
conditioning system, the entire area on the first floor, and
the outside grounds including parking lot.
11. DESTRUCTION OF PREMISES.
In the event of partial destruction of the premises
by fire, earthquake or other casualty during the agreed term,
Lessor shall forthwith repair the same, provided such repairs ?
can.be made within thirty (30) days. Such partial destruction
shall not render this lease void, except that Lessee shall be
entitled to a proportionate deduction of rent while such
repairs are being made, such proportionate deduction to be
based on the extent to which the making of such repairs shall
interfere with the business carried on by Lessee. If such
repairs cannot be made within thirty (30) days, this lease
may be terminated at the option of either party. A total
destruction of the.building in which the premises is situated
shall terminate this lease.
12. LIABILITY.
From and after the date Lessee enters into possession
of the demised premises, Lessee, as a material part of the
consideration for this lease, hereby assumes all risk of
injury or damage to persons, or property -in or about the rented
premises from every source, and Lessee agrees to and will hold
and save the Lessor and the premises harmless on account of
any such damage or injury and from any and all liability,
loss and /or damage resulting from the use of the premises
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or the operation of Lessee's busjss thereon:
13. LESSOR'S RI(AT`.0 - Ioas�S,
Lessor shall havees at all reasonable times to
the premises and each and every part then f fgr "the purpose
of inspecting same, making repairs, posting such notices as
Lessor may deem to be necessary for the protection of the
Lessor or the demised premises, for the purpose, as herein
provided, of repossessing said premises, and for the purpose
of showing same to prospective tenants, purchasers, mortgagees
and /or beneficiaries under trust deeds, and during the last
one (1) month of the term of this lease, or the last one (1)
month of any extension or renewal thereof, Lessor shall have
the right to place and maintain in or upon the premises in
one or more conspicuous places "For Rent ", "For Lease ",
and /or "For Sale" signs.
14. ALTERATIONS AND ADDITIONS.
Lessee shall have the right, during the existence of
this lease, to make alterations, attach fixtures and erect
additions and signs in or upon the premises hereby leased,
provided such alterations, fixtures, additions or signs shall
not be detrimental to or inconsistent with the rights granted
to other tenants on the property or in the building in which
said premises are located.
15. REMOVAL OF FIXTURES.
All locks, bolts, alterations and additions which
may be affixed to.or made by either of the parties hereto upon
the premises, except movable furniture and movable fixtures
put in at the expense of the Lessee, shall be the property of
the Lessor and shall remain upon and be surrendered with the
r premises as part thereof at the termination of this lease,
without disturbance, molestation or injury.
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Lessor shall
anyone claiming under
to the Lessee, or to
Lessee, for any loss and /or
damage which may be occasioled by fire, gas, electricity,
steam, sewerage, wiring, deluges _ „� „storm or..arthquake.
17. ASSIGNMENT AND SUBLETTING.
Lessee agrees not to underlet the whole or any part
of the premises, nor to assign this lease or any interest
therein (nor may this lease be assigned by operation of law),
nor to sublease, or mortgage, or in any way create any lien
on this lease or any interest therein without the consent
in writing of the Lessor first had and obtained, but consent
will not be withheld without just cause.
18. ATTORNEY'S FEES.
In the event any suit is. brought by either party
against the other to enforce any of the terms or provisions
of this lease, then it is agreed that the successful party
in such suit shall be entitled to attorney's fees to be fixed
by the Court in such action.
19. SUCCESSORS AND ASSIGNS.
The covenants and conditions herein contained shall,
subject to the provisions as to assignment, apply to and bind
the successors, heirs, executors, adminstrators and assigns
of the parties hereto.
20. EFFECT OF HOLDING OVER.
At the expiration or any sooner termination of this
lease or any extension thereof, Lessee agrees to quietly quit
and surrender the premises to Lessor, Lessor's successors,
assigns, agent or attorney, without notice of any kind, notice
being expressly waived, in as good order, condition and repair
as same were at the date of occupancy, reasonable use and wear
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thereof and damage by the elements and by acts and matter
beyond Lessee's control excepted,..
11.. NOTICES.
A11 notices, statements, demands, requests, consents,
authorizations, offers or agijosents under this lease by either
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i party to the other shall be in writing and' -shall be sufficiently
given and served upon the other party.if sent by certified
mail, return receipt requested, postage prepaid, and addressed
as follows:
To Lessee, addressed to the City Manager of the
City of Newport Beach, City Hall, 3300 Newport Boulevard,
Newport Beach, California.
To Lessor, addressed to the Lessor and /or its
agent, Philip J. Reimer, 1111 Devon Lane, Newport
Beach, California, or to such other place as Lessor
may from time to time designate by notice to Lessee.
IN WITNESS WHEREOF, the Lessor and Lessee have executed
this lease as of the day and year first above written.
PHILIP J.;
LI
K.'BARNETT
LESSOR
APPROVED AS TO FORM
Dated: %— ?• 4,9,
CITY ORNEY
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CITY OF NEWPORT BEACH,
a_munieipal..corporation
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Index May 12, 1969
�i i Y OF NEWPORT BEA� COUNCILMEN
Volume 22 - Page 251
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ADDITIONAL BUSINESS:
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1. Resolution No. 6985, memorializing the Congress of
Oil
the United States and the Legislature of the State of
I
Sanctuary
California to enact legislation which would prohibit oil
,Legis
exploration and production on State and Federal tide
j
and submerged lands adjacent to the coast of California)
between the northerly City limits of the City of Newport{
Beach and the Mexican border, was adopted after the
Motion
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x
further reading of the resolution was waived by
Roll Call:
unanimous consent of the Council.
Ayes
x
x
x
x
x
x
x
2. Councilman Gruber made a motion to. remove the
Motion
i
x
Asphalt
asphalt berms policy statement from the table and
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f
Berms
place it on the agenda for further discussion on May 26:,
l
Policy
which motion carried.
I Ayes
x
x
x
x
xlx
x
3. The City Manager was authorized to execute a lease
Motion
xi
City Hall
agreement with the owners of the building located at
Ayes
x
x
it
x
x
x
j Expansion
414 32nd Street for the use of approximately 1, 900 net
square feet of office space, in accordance with the
terms reviewed by staff with the Council at the May 12
Study Session.
Stephen C. Auld spoke from the audience and requested
Orange
that the matter of the route of the Orange Freeway be
' Freeway
placed on a future Study Session so the public could be
heard and the City set a: firm determination' -of what'its
policy should be.
Mayor Marshall explained that the matter had been dis-
cussed in Study Session and that the Public Works Director
and representaticies' from the Freeway Committee .were
directed to meet with Division Seven engineers in Los
Angeles at the earliest opportunity to review the matter,
j
and this will help the City establish a firm policy.
The meeting was adjourned at 10:30 P.M. to 7:30 P.M. on
Motion
x
May 19, 1969.
Ayes
x
x
x
x
x
x
x
Page 251
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