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HomeMy WebLinkAboutC-1252 - Lease for City Hall Annex - 503 32nd StreetU November 10, 1972 Ms. Dorothy Trau Escrow Officer r,,�lImperial Savings and Loan Association of Newport: Pasadena 3366 Via Lido ,Newport Beach, California 92660 Dear Ms. Trau: rl Subject: Escrow No. 14024 -DT 500 Via Malaga � 'Reference is made to that letter aareement.in the subject escrow V ifile between cohexecutors ofW the tBaldri�naestate� ,jdated d n April 14, 1971. The agreement provides in part that, ". . . the estate is agreeable to making it a condition of the escrow that $2,150 be ULDheld in the escrow from the proceeds of. the sale, with instructions to disburse 50% of the amount of the cost to the City of purchasing and installing the heating and ventilating system, up to a maximum .: I; of the $2,150, based upon invoices for same to be furnished by the City." Attached is a copy of an invoice dated May 10, 1471, from the Fred !?Graham Heating and Air Conditioning Company in the amount of $4,900 for the installation of four (4) HO Day and Night Furnaces and flat ducts for both floors of the subject building. Also attached is a copy of City warrant No. 00096 dated May 17, 1971s in the amount of a $4,90(} for payment of the subject invoice. Fifty percent of the heating and ventilating system installation is $2,450. Since the obligation of the estate is for raximum disburse,- ment:of $2,150, would you please release this amount to the City of Newport Beach to satisfy.the April 14, 1971,letter agreement. Pursuant to our telephone conversation of Friday, November 10, I am.presenting the original documents for the heating and ventilating system transaction for your personal inspection. These original 'documents must remain in the custody of the Finance Director of the City of Newport Beach. Very truly yours, PHILIP F. BETTENCOURT cc: City Manager Assistant City Manager City Attorney •a . IMPERIAL SRVinGS Imperial Savings Executive Office: and Loan Association 3366 Via Lido of Newport- Pasadena Newport Beach, California 92663 Telephone (714) 673-3130 ii JUNE 22ND, 1971 NEWPORT BEACH CITY HALL 3300 NEWPORT BOULEVARD NEWPORT BEACH, CALIFORNIA ATTENTION: TULLY H. SEYMOUR RE: ESCROW No. 14O24-DT 500 VIA MALAGA GENTLEMEN: IN COMPLETION OF OUR ABOVE NUMBERED ESCROW WHICH RECORDED TODAY, WE ARE ENCLOSING YOUR COPY OF THE AGREEMENT AND CONSENT To ASSIGN- MENT FOR THE BALDWIN BUILDING. THANK YOU FOR YOUR COOPERATION IN THIS MATTER. VERY TRULY YOURS, DOROTHY TRAU ESCROW OFFICER DT:DG ENCLOSURE A Wholly-Owned Subsidiary of Imperial Corporation of America WHEN RECORDED MAIL TO: IMPERIAL SAVINGS AND LOAN-AsSOCIATION OF NEWPORT - PASADENA 3366 VIA LIDO NEWPORT BEACH, CALIFORNIA 92663 LOAN 29201 AGREEMENT AND ASSIGNMENT OF LEASE 4k FOR VALUABLE CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, J. LAFE LUDWIG AND JEANNE C. LUDWIG, HUSBAND AND WIFE, AS JOINT TENANTS, HEREBY TRANSFERS AND ASSIGNS TO IMPERIAL SAVINGS AND LOAN ASSOCIATION OF NEWPORT- PASADENA, A CALIFORNIA CORPORATION, ALL RIGHTS, TITLE AND INTEREST OF THE UNDERSIGNED AS LESSOR IN AND UNDER THAT CERTAIN LEASE DATED SEPTEMBER 15, 1969, BETWEEN J. LAFE LUDWIG AND JEANNE C. LUDWIG, HUSBAND AND WIFE, AS JOINT TENANTS, AS LESSOR AND THE CITY OF NEWPORT BEACH, A MUNICIPAL CORPORATION, AS LESSEE, COVERING ALL THOSE AREAS OF THE BUILDING LOCATED AT 503 - 32ND STREET, CITY OF NEWPORT BEACH, CALIFORNIA. THE FOREGOING ASSIGNMENT OF LEASE IS BEING GIVEN AS ADDITIONAL SECURITY FOR REPAYMENT OF THAT CERTAIN DEED OF TRUST AND NOTE IN THE AMOUNT OF $70,000.00 DATED MAY 51 1971 IN FAVOR OF IMPERIAL SAVINGS AND LOAN ASSOCIATION OF NEWPORT- PASADENA, A CORPORATION. IT IS UNDERSTOOD THAT IT IS NOT THE INTENTION OF IMPERIAL SAVINGS AND LOAN ASSOCIATION OF NEWPORT - PASADENA TO IMMEDIATELY REQUIRE THE PAYMENT BY LESSEE UNDER THE TERMS OF SAID LEASE AGREEMENT OF SAID LEASE MONIES TO SAID IMPERIAL SAVINGS AND LOAN ASSOCIATION OF NEWPORT - PASADENA, AND THAT THERE IS NO OBLIGATION ON THE PART OF IMPERIAL SAVINGS AND LOAN ASSOCIATION OF NEWPORT - PASADENA TO COLLECT SAID LEASE MONIES, BUT THAT THIS INSTRUMENT IS GIVEN AS ADDITIONAL SECURITY, WITH THE UNDERSTANDING THAT AT ANY TIME DEFAULT IS MADE OF ANY OF THE TERMS AND CONDITIONS OF THE NOTE AND DEED OF TRUST SECURING THE REAL PROPERTY AT 503 - 32ND STREET, CITY OF NEWPORT BEACH, CALIFORNIA, SAID ASSOCIATION, MAY, AT ITS OPTION, MAKE DEMAND UPON THE LESSEE IN SAID LEASE AGREEMENT TO MAKE ALL FURTHER PAYMENTS OF LEASE MONIES TO SAID ASSOCIATION, AND IT SHALL THEN BE INCUMBENT UPON SAID LESSEE TO MAKE SAID PAYMENTS DIRECTLY TO SAID ASSOCIATION. J. LAFE LUDWIG AND JEANNE C. LUDWIG HEREBY WARRANTS TO IMPERIAL SAVINGS AND LOAN ASSOCIATION OF NEWPORT - PASADENA THAT THERE HAVE BEEN NO AMENDMENTS TO SAID LEASE AND THERE HAVE BEEN NONE NOR ARE THERE NOW ANY BREACHES OF ANY OF THE TERMS AND CONDITIONS IN SAID LEASE AND THAT ANY CHANGE OR MODIFICATION OF SAID .LEASE MUST BE APRROVED IN WRITING BY IMPERIAL SAVINGS AND LOAN ASSOCIATION OF NEWPORT- PASADENA. DATED: MAY 5, 1971 LAF LUDWIG C JE E C. LUDWIG AGREEMENT AND CONSENT TO ASSIGNMENT THE CITY OF NEWPORT BEACH, A MUNICIPAL CORPORATION, AS LESSEE IN THE ABOVE DESCRIBED LEASE HEREBY CONSENTS TO THE FOREGOING AGREEMENT AND ASSIGNMENT OF LEASE AND AGREES TO BE BOUND BY THE PROVISIONS HEREIN. THE CITY OF NEWPORT BEACH ALSO WARRANTS TO IMPERIAL SAVINGS AND LOAN ASSOCIATION OF NEWPORT - PASADENA THAT THERE HAVE BEEN NO AMENDMENTS TO SAID LEASE AND THERE HAVE BEEN NONE NOR ARE THERE NOW ANY BREACHES OF ANY OF THE TERMS AND CONDITIONS IN SAID LEASE AND THAT ANY CHANGE OR MODIFICATION OF SAID LEASE MUST BE APPROVED IN WRITING BY IMPERIAL SAVINGS AND LOAN ASSOCIATION OF NEWPORT - PASADENA. DATED: MAY 5, 1971 CITY OF NEWPORT BEACH i a- X C ,&x RAI Act ng i y manager -f- C_7 `.1 AGREEMENT AND ACCEPTANCE OF ASSIGNMENT THE UNDERSIGNED ASSIGNEE HEREBY ACCEPTS THE FOREGOING ASSIGNMENT AND AGREEMENT ACCORDING TO THE PROVISIONS CONTAIN THEREIN. DATED MAY 5a 1971 IMPERIAL SAVINGS AND LOAN ASSOCIATION OF NEWPORT- PASADENA HAMILTON P. SMITH, R.- SSISTAtft VI E PRESIDENT W. E. BOrWEN-PISSISTANT SECRETARY STATE OF CALIFORNIA COUNTY OF 042 d c _ SS. Lf_.�7,�... -_ _before me, m the undersigned, a Notary Public in and for said County and State, $. personally appeared e' J. LAFE LUDWIG AND JEANNE C. LUDWIG m known to me v to be the person .__5_. .whose name-5---ARE.--subscribed to the j Swithin instrument and acknowledged that dE.Y _executed the u 4 1 y 16 Name (Typed or Printed) m m Notary Public in and for said County and State FOR NOTARY SEAL OR STAMP STATE OF CALIFORNIA COUNTY OF O ran a 4 g May 18, 1971 lJ On , before me, the undersigned, a Notary Public in and for m said State, personally appeared PY1111U F. Betteneourt s" known to me to be the Aeting CitPy,;r}ger, and Tully H. Seymour Is C City Attorney Q E- known to me to be the gEXtrY of the corporation that executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and ac. u. e knowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of • : ... . ••••• o directors. / .,..,......... e ' e ". _ i.. `..'F1A2.'L-R . g WITNESS y han and official eal. tt .. i.. i n E MY COMM:;S;G;; Fxpi es August 25, 1972 LL Signature 7 MargarsAv _ . a rper Name (Typed or Printed) (This area for ofrcial notarial seal) STATE OF CALIFORNIA c COUNTY Of ORANGE ss E E On MAY 6, 1971 before me, the undersigned, a Notary Public in and for m said State, personally appeared HAMILTON P. SMITH, JR. known to me to be the ASST . V 1 CE President, and W. E. BOWEN C • .°, ASSISTANT known to me to be the Secretary of the corporation that executed the within instrument, m Qand known to me to be the persons who executed the within uinstrument on behalf of the corporation therein named, and ac- knowledged to me that such corporation executed the within Zo } instrument pursuant to its by -laws or a resolution of its board of ♦11 ♦111 ♦1 ♦1♦ ♦111 ♦ ♦ ♦11 ♦ ♦11 ♦ ♦11• s° directors. i MARY LOUISE SCUDDER '� • NOTARY PUBLIC - CALIFORNIA• PRINCIPAL OFFICE IN g WITNESS my nd and offici seal. ♦ ORANGE COUNTY °+ ORIGIN, SEN. Mr Go+•.riaa Espras IIyY YI W71 4 E Signature .t.isC.tL�'�If GEC ��f/ ♦♦1♦1♦1♦♦ ♦111111110♦ ♦I,DI♦1♦111 LL qAAY LOUISE SCUDDER Name (Typed or Printed) (This area for official notarial seal) OFFICIAL SEAL HO', "; RD B. LAWSON, JR, NOTAi9Y PUCUC- CALI FOR NIA ' W ' Oil. =.N_ -E COUNTY My Comm!; on E. pir•s!ar.. 1114 ",1973 3116 Via Lido, Ner.•p -rt PUch, Calif, 92660 STATE OF CALIFORNIA COUNTY OF O ran a 4 g May 18, 1971 lJ On , before me, the undersigned, a Notary Public in and for m said State, personally appeared PY1111U F. Betteneourt s" known to me to be the Aeting CitPy,;r}ger, and Tully H. Seymour Is C City Attorney Q E- known to me to be the gEXtrY of the corporation that executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and ac. u. e knowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of • : ... . ••••• o directors. / .,..,......... e ' e ". _ i.. `..'F1A2.'L-R . g WITNESS y han and official eal. tt .. i.. i n E MY COMM:;S;G;; Fxpi es August 25, 1972 LL Signature 7 MargarsAv _ . a rper Name (Typed or Printed) (This area for ofrcial notarial seal) STATE OF CALIFORNIA c COUNTY Of ORANGE ss E E On MAY 6, 1971 before me, the undersigned, a Notary Public in and for m said State, personally appeared HAMILTON P. SMITH, JR. known to me to be the ASST . V 1 CE President, and W. E. BOWEN C • .°, ASSISTANT known to me to be the Secretary of the corporation that executed the within instrument, m Qand known to me to be the persons who executed the within uinstrument on behalf of the corporation therein named, and ac- knowledged to me that such corporation executed the within Zo } instrument pursuant to its by -laws or a resolution of its board of ♦11 ♦111 ♦1 ♦1♦ ♦111 ♦ ♦ ♦11 ♦ ♦11 ♦ ♦11• s° directors. i MARY LOUISE SCUDDER '� • NOTARY PUBLIC - CALIFORNIA• PRINCIPAL OFFICE IN g WITNESS my nd and offici seal. ♦ ORANGE COUNTY °+ ORIGIN, SEN. Mr Go+•.riaa Espras IIyY YI W71 4 E Signature .t.isC.tL�'�If GEC ��f/ ♦♦1♦1♦1♦♦ ♦111111110♦ ♦I,DI♦1♦111 LL qAAY LOUISE SCUDDER Name (Typed or Printed) (This area for official notarial seal) 0 a CITY OF NEWPORT BEACH CALIFORNIA City Hall 3300 W. Newport Blvd. Area Code 714 673 -2110 TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. G1252 Description of Contract Baldwin Building Lease Authorized by Resolution No. , adopted on Effective date of Contract Contract with MOM=- Amount of Contract Extention of Existing Lease from 9 -15 -72 to 9- 15 -73. Also includes the addition of extra 1 /8th of Building Space occupied by former tenant Nash. city Cle c LEO E.ANDERSON J. ROBERT MESERVE LEWIS T. GAROINER DOWNEV A.GROSENBA..M CROMWELL WARNER.JR. KARL L. DAVIS, JR. ROBERT A. KELLER DENNETT F. KONRI JAMES M.ORENOORFF DAVID G. ELLSWORTH PETER A. MENJOU CHRISTOPHER E. ROLIN E.A.CRART JOHN DEACON ROGER D. DARNELL a LAW OFFICES OF MESERVE, MUMPER F3 HUGHES SUITE 500 MOBIL BUILDING 612 SOUTH FLOWER STREET LOS ANGELES, CALIFORNIA 90017 April 20, 1971 Tully H. Seymour, Esq. City Attorney City of Newport Beach 3300 Newport Boulevard Newport Beach, California Re: Baldwin Building 503 32nd Street Newport Beach, California Dear Mr. Seymour: (aI3) 620 -0300 CABLE ACORES. "MESMUHU "' EowIN A. MESERVE 1663 -1955 SHIRLEY E.MESERVE 1669 -1959 HEWLINGS MUMPER 1889 -1966 CUFFORO E.HUGHES OF COUNSEL Enclosed is your copy of letter agreement dated April 14, 1971, executed by Maruja Baldwin and Thelma Lois Krieger as Co- Executrices of the Estate of Baldwin M. Baldwin, Deceased, granting the City of Newport Beach the option of extending the existing lease term for an additional one year ending on September 15, 1973 on that certain lease between Baldwin M. Baldwin as Lessor and the City of Newport Beach as Lessee executed September 15, 1969, on the Baldwin Building at 503 32nd Street, Newport Beach, California. Please note that we have added that the Co- Executrices' execution is with the understanding that the rental on the Nash space is payable as of February 1, 1971. Ver //y,, truly yours, J. Robert Meserve for MESERVE, MUMPER & HUGHES JRM:dp Enc. cc: Howard Lawson, Lido Realty Subj*Cts Ba&6ILn Hiuilding, $03 32nd Strest. Newport Been Pear W., Xeservws This will confirm our telephone conversation of today regarding tha, lease, between the City and the Baldwin estate, of the office building located at 503 32nd Street in the city of Newport Beach. Reference is made to the lease executed on September.25, 1969, between Baldwin`M.Baldwin as Lessors, and the City 6-f Newport BeacA as Lessee. Paragraph 3 of the lease provides that .the City.ahall have the option of extending the existing leaee term which terminates on September 15, 19720 for an additional : term q one year, ending on September 15. 1393. This ietfiek shall constitute notice that the City does hereby exercise its . option to extend the lease for the additional term of one year. Paragraph 3 of the lease further provides that the City shall havo the additional option to lease the remaining ones= eighth portion of the premises which was formerly occupies by the Pred Nash Contracting Company. This letter shall constitute notice that the City hereby exercises its option to lease said additional apace, in accordance with the terms of the..lease. It.is. our understanding that the Baldwin estate has off red to share in the cost of a new heating and ventilating system to be installed in the building, on the basis that the estate would share equally in the.cost of the purchaser and Installa- tion of the system, provided that the maximum contribution of the estate shall.not exceed $2,150. In view of the fact that .an escrow has been opened for the sale'of the building which is under lease to the City, it is our understanding that the J. R. moserve :2_ April 14, 1971 estate is"agreeable to making ilt:;a condition of the escrow that $2,150 be held in the es4cbv from the proceeds of the sale, with instructions to disburse SM of the amount of the cost to the City of purchasing and installing the heating and ventilating system, up to a maximum of the $2,150, based upon invoices for same to be furnished by the City. I am enclosing a copy of this letter with the request that it be returned to this office after approval and acceptance on behalf of the Baldwin estate. THS:mh cc: Acting City AEanager Howard Lawson, Lido Realty APPROVED AND ACC] BEHALF OF BALDWI� 1 tr With the undo t� by the grad Nash 1, 1971. Yours very truly, I FJ y TULLY H. SEYMOUR City Attorney SPTED ON ESTATES /( h o- ecutor ing that rental on the space formerly occupied retracting Company is payable as of February APPROVED AND ACCEPTED ON BEHALF OF CITY OF NEWPORT BEACH. Acting � ty Manager 6 TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. 1252 DATE October 27, 1969 Description of Contract Lease of City Offices at 503 -32nd St. , N. B. Authorized by Resolution No. - - - -- , adopted on - - - - -- Effective date of Contract September 15. 1969 Contract with Baldwin_ M. Baldwin Address 5300 Rodeo Road, Los Angeles, California Amount of Contract $845.00 mo. City Cle < •a x THS•mh 9/25/68 SECOND ADDENDUM TO LEASE OF CITY OFFICES THIS LEASE ADDENDUM is made and executed on September tLO p 1968, by and between BALDWIN M. BALDWIN, hereinafter called "Lessor ", and the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter called "Lessed, is supplemental to that certain Lease of City Offices dated September 13, 1965, herein- after referred to as the "original lease ", and the Addendum to Lease of City Offices dated March 1, 1967, hereinafter referred to as the "first addendum ", and is for the purpose of providing for the leasing of additional office space for Lessee's use. 1. ADDITIONAL LEASED AREA. In addition to those areas described in Paragraph 1 of the original lease, and Paragraph 1 of the first addendum, Lessor hereby leases to Lessee and Lessee hires from Lessor the northwest quarter of the second floor of the building located at 503 32nd Street, City of Newport Beach, California. 2. TERM AND RENEWAL OPTIONS. The term of this lease addendum shall be for the period from October 1, 1968, to September 15, 1970. Lessee shall have the option to extend this lease addendum for one additional 12 -month term following the expiration of the initial 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 addendum of its intention to extend said lease addendum for an additional 12 -month term. 3. REPAIRS AND MAINTENANCE. Lessee agrees to assume responsi- bility for the ordinary maintenance and repair of the restrooms -1- .. . _..�• _ _ >... ,- �_ s C' a located on the second floor of said building. In addition, Lessee agrees to assume responsibility for watering and maintaining the planting areas surrounding the building. Lessor shall be responsible for any extraordinary repairs of said restrooms. 4. RENTAL ADJUSTMENT, Paragraph 5 of the original lease is hereby amended to read as follows: "In the event that there is an increase in the real property taxes assessed against the land and building on which the leased premises are located occurring during 1968 or in any future year during which the City of Newport Beach is leasing the same, Lessee agrees that the monthly rental installments payable by Lessee may be adjusted so that 80% of any such tax increase shall be assumed by Lessee." 5. RENTAL PAYMENTS. In addition to the rental payments set forth in Paragraph 4 of the original lease, and Paragraph 3 of the first addendum, Lessee agrees to pay rent to Lessor for the use of the additional building space described in Paragraph 1 hereof at the rate of $120.00 per month, payable monthly in advance on the 15th day of each month. The first rental payment shall be prorated, based upon the actual date of occupancy of the premises by the Lessee, in such a manner that future rental payments shall be due on the 15th day of each succeeding month. 6. TERMS OF ORIGINAL LEASE APPLICABLE. Except as otherwise expressly provided in this agreement, all of the provisions, terms and conditions of the original lease shall be applicable to this lease addendum. IN WITNESS WHEREOF, the Lessor and Lessee have executed this lease addendum as of the and year first abo a written. S�L�C3iA BALDWIN, .3`a1F APPROVED AS ORM: CITY OF NEWPORT BEACH l N/- By: 1. _. ? City Manager to City A rney LESSEE r -2- N 1 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 65 (8) LEASE OF CITY OFFICES ✓�� THIS LEASE is made and executed on 1965, by and between OPORTO MALAGA CO., a joint venture, herein- after called "Lessor ", and the CITY OF NEWPORT BEACHi.# municipal corporation, hereinafter called "Lessee ". 1. CONSIDERATION AND DESCRIPTION OF PROPERTY.7' '' In consideration of the rents herein reserved 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 at 503 - 32nd Street, City of Newport Beach, California, as shown on the drawing marked Exhibit "A" which is attached hereto. 2. TERM. The term of this lease shall be for a period of thirty - six (36) calendar months, commencing on September 15, 1965, and expiring unless sooner terminated or renewed on September 15, 1968. 3. RENEWAL OPTIONS. Lessee shall have the option to extend this lease for three successive 12 -month terms following the expiration of the initial 36 -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 option to extend the lease for an addi- tional 12 -month term, it may extend the lease for two additional 12 -month terms by giving written notice to Lessor not less than thirty (30) days prior to the expiration of the first and second 12 -month terms. - ,.> ,"�. _�__ ra= ,i..:. —.:. ..�- .. .._ tz �. ._,. _. _...:; aire.<_�._��YS,�s�.�._.�itl.a.F '�':�., .3L.'�. ,:..� �. �t- :- :�.?'...,,tk�.,:. ... a..:»!i: - < < ; . �. -..�_. _ - ,.> ,"�. _�__ ra= ,i..:. —.:. ..�- .. .._ tz �. ._,. _. _...:; aire.<_�._��YS,�s�.�._.�itl.a.F '�':�., .3L.'�. ,:..� �. �t- :- :�.?'...,,tk�.,:. ... a..:»!i: •: I 1 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 "t I 311 i. 0 i 4. RENTAL PAYMENTS,;4:.,. The obligation of to pay.rent for the use of the'; premises shall commence on September 15, 1965, Due to the fact that existing tenants are occupying approximately 50% of the premises, it is anticipated by the parties that the area so occupied will not be available for use by Lessee until on or after October 15, 1965. The rental for the area of the leased premises to be occupied comtaencing September 15, 1965, being the east half of the first floor and the northeast quarter of the second floor thereof, shall be $300 per month, payable in advance on the 1Sr.�h day of every month until the rental for the entire leased premises becomes payable as hereinafter provided. If the date on..which Lessor is able to provide Lessee with possession of the remaining area of the leased premises should be other than the 15th day of any month, the rental for said remaining area shall be payable at that time at the rate of $300 per month, prorated from said date to the next succeeding 15th day of the month. Thereafter, the rental for the entire leased premises shall be $600 per month, commencing with the date on which possession of the remaining area of the leased premises is provided Lessee, if on the 15th day of a month, or commencing with the next succeeding 15th day of the month following the date on which such possession is provided, which sum shall be payable in advance on the 15th day of every month thereafter during the term of this lease or any extension thereof, 5. RENTAL ADJUSTMENT. In the event that there is an increase in the real property taxes assessed against the land and building on which the leased premises are located occurring subsequent to the initial 36 -month lease term and during any extension thereof, Lessee agrees that the monthly rental installments payable by Lessee may be adjusted so that 63.2% of any such tax increase shall be assumed 32 by Lessee. 2. a y ru.. .� � - .. �x - o f ,�, b � >,:._ .. ..:; ,.-.t e.wy. `Zn'°h.. � -,�s. b n. ,�fad� -w�.:n i^^ �.au'6�x ".:,;edtmx � . �:.. + is ,' 1 1� 6. USE OF PREMISES. 21 (A) Lessee agrees to use the premises for City offices :3 and for no other purpose without the consent of the Lessor. 411 (B) Lessee particularly agrees not to conduct or permit 5 to be conducted any auction on the premises. 6 (C) Lessee agrees not to use the premises or suffer the 7 same to be used for any purpose or purposes or door suffer to be 8 done anything in violation of any public authority, or of any policy 9 of insurance upon the premises, or do or permit to be done any act 10 which will occasion or constitute a ground for cancellation of any 11 such insurance policy or for any increase in the rate of insurance 12 on said property and not to commit or suffer to be committed any 13 nuisance upon said premises. 14 7. UTILITIES. 15 Lessee hereby agrees to pay for heat, light, gas, power 16 and all other utilities and services supplied to the premises, 17 except for water service which shall be paid for by Lessor. 18 8. MAINTENANCE AND REPAIRS. 19 (A) Lessee agrees to maintain the premises in good and 20 sanitary condition and repair, except for reasonable use and wear, 21 and hereby waives all rights to make repairs at the expense of Lessor 22 as provided in Section 1942 of the California Civil Code. 23 (B) Lessee agrees to replace any glass in the premises. 24 which may become damaged or broken by Lessees employees. 25 (C) Lessor agrees to maintain in good condition and repair 26 the exterior walls, roofs, central hallways and stairways and the 27 upstairs restrooms. 28 9. DESTRUCTION OF PREMISES. 29 If the said premises be destroyed by fire, earthquake or 30 other casualty this lease shall immediately tenninate. In case of 31 partial destruction or damage, so as to render the premises untenant- 32 able, either party may terminate the lease by giving written notice 3. 1 �a .. ._.a I.YSAb' .u... rAc.. e�.+•.-. na: L. kC.. �:'.' �eari. eus. a "_a.�,r_�Ln:.tAiie�6:'w°ase��aw <e.3,.i..;�. -. - .. -:. _. - - -- .,. 9 M, G i I to the other within fifteen (15) days thereafter, and if so 2 terminated no rent shall accrue to the Lessor after such partial 3I destruction or damage. 4 10. LIABILITY. 5 From and after the date Lessee enters into possession of 6 the demised premises, Lessee, as a material part of the considers- 7 tion for this lease, hereby assumes all risk of injury or damage 8 to persons or property in or about the premises from every source, 9 and Lessee agrees to and will hold and save the Lessor and the 10 premises harmless on account of any such damage or injury and from 11 any and all liability, loss and /or damage resulting from the use 12 of the premises or the operation of Lessee's business thereon. 13 11, LESSOR'S RIGHT OF ACCESS. 14 Lessor shall have access at all reasonable times to the 15 premises and each and every part thereof for the purpose of in- 16 specting same, making repairs, posting such notices as Lessor may 17 deem to be necessary for the protection of the Lessor or the 18 demised premises, for the purpose, as herein provided, of repos- 19 sessing said premises, and for the purpose of showing same to 20 prospective tenants, purchasers, mortgagees and /or beneficiaries 21 under trust deeds, and during the.last one. (1) month of the term of 22 this lease, or any extension or renewal thereof, Lessor shall have 23 the right to place and maintain in.or upon the premises in one or 24 more conspicuous places "For Rent ", "For Lease ", and /or "For Sale" 25 signs. 26 12. ALTERATIONS AND ADDITIONS. 27 Lessee shall have the right, during the existence of 28 this lease, to make alterations, attach fixtures and erect addi- 29 tions and signs in or upon the premises hereby leased, provided 30 such alterations, fixtures, additions or signs shall not be detri- 31 mental to or inconsistent with the rights granted to other tenants 32 on the property or in the building in which said premises are locate 4. r. i.' - • - y • i I ... _.. c � r _ .. i- I .. _ .. _ � 1 13. REMOVAL OF FIXTURES. 2 All locks, bolts, alterations and additions which may be 3 affixed to or made by either of the parties hereto upon the premises 4 except movable furniture and movable fixtures put in at the expense 5 of the Lessee, shall be the property of the Lessor and shall remain 6 upon and be surrendered with the premises as part thereof at the 7 termination of this lease, without disturbance, molestation or 8 injury. 9 14. LOSS OR DAMAGE SUSTAINED BY LESSEE. 10 Lessor shall not be liable to the Lessee, or to anyone 11 claiming under or through Lessee, for any loss and /or damage which 12 may be occasioned by fire, water, gas, electricity, steam, sewer - 13 age, wiring, deluge, rain, wind, storm or earthquake; or overflow, 14 bursting or leaking of water, gas or other pipes, plumbing or 15 apparatus, or by or from any sidewalk or awning, in and /or about 16 the premises, howsoever coming or being. 17 15. ASSIGNMENT AND SUBLETTING. 18 Lessee agrees not to underlet the whole or any part of 19 the premises, not to assign this lease or any interest therein (nor 20 may this lease be assigned by operation of law), nor to sublease, 21 or mortgage, or in any way create any lien on this lease or any 22 interest therein without the consent in writing of the Lessor first 23 had and obtained, but consent will not be withheld without just 24 cause. 25 16. ATTORNEY'S FEES. 26 In the event any suit is brought by either party against 27 the other to enforce any of the terms or provisions of this lease, 28 then it is agreed that the successful party in such suit shall be 29 entitled to attorney's fees to be fixed by the Court in such action. 30 17. SUCCESSORS AND ASSIGNS. 31 The covenants and conditions herein contained shall, 32 subject to the provisions as to assignment, apply to and bind the 5. Y. • '' . - V • I ,. _vs.. k;._ ._._.. .�,,tti_ , ..� � ,. . *. 1 2 M 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 successors, heirs, executors, administrators and assigns of the parties hereto. No modification of this lease agreed upon with any successor to Lessee's interests herein, nor any waiver of any breach or default hereunder by any such successor, shall release. Lessee from liability under this lease. 18. EFFECT OF HOLDING OVER. At the expiration or any sooner determination 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 thereof and damgge by the elements and by acts and matter beyond Lessee's control excepted. 19. NOTICES. All notices, statements, demands, requests, consents, authorizations, offers or agreements under this lease by either 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, P. A. Palmer Incorporated at 3377 Via Lido, 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. OPORTO MALAGA CO., a joint CITY OF T BEACH, a municipal corporat' n By Z- ayor ATTEST: City Clerk 6: LESSEE w.4 r � � � ..,: E. 0 O J , ==503 32ND SLr ?.' � � (SEB /CLANS Q 0 N ALAw 60 O" w r 2� M 1 37� %" Fl.PST FLOOR SECONb FLOO,Q FL o0 2 PL � r.rs- CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT LEA5E OF'.. C/rY 503 .32 NO S77,eECr 4C-64L QE�CR�pj' /ON TIE MOST WESTERLY Oro' 4F LdT a , rvAcr Mo. /i/7. F /RST FLOOR LEASE 3042 SQ . Fr. �TVra�� Sc -eCAVO FLOOR 759 So. Fr. ror,A,L LEASE ,Q/?EA 3e01 Sv . )rr. DRAWN M. HAYS DATE -:- - 65 APPROVED PUBLIC WORKS DIRECTOR - R.E. NO. DRAWING N0. RIW - 50(O8 "L. ih- 1 LEASE OF CITY OFFICES 2 THIS LEASE is made and executed on September 15, 1969, by 3 and between BALDWIN M. BALDWIN, hereinafter called "Lessor," and 4 the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter 5 called "Lessee." 6 1. CONSIDERATION AND DESCRIPTION OF PROPERTY. 7 In consideration of the rents herein reserved and of 8 the performance by the parties of the terms, covenants and condi- 9 tions herein contained, Lessor hereby leases to Lessee and Lessee 10 hires from Lessor those certain premises situated in the City of 11 Newport Beach, County of Orange, State of California, described as 12 1 follows: All those areas of the building located at 503 - 32nd 13 Street, City of Newport Beach, California, except the southeasterly 14 quarter of the second floor, which is presently under lease to the 15 Fred Nash Company. 16 2. TERM. 17 The term of this lease shall be for a period of 18 thirty -six (36) calendar months, commencing on September 15, 1969, 191 and expiring unless sooner terminated or renewed on September 15,197 20 3. RENEWAL OPTIONS. 21 Lessee shall have the option to extend this lease for 22 one additional 12 -month term following the expiration of the 2311 initial 36 -month term. If Lessee elects to exercise this option 24 it shall notify Lessor in writing not less than thirty (30) days 25 prior to the expiration of the initial term of this lease of its 26 intention to extend the lease for an additional 12 -month term. 27 Lessee shall have the additional option to lease the remaining 28 one - eighth (1/8) portion of the premises, described above as the 29 southeasterly quarter of the second floor, at such time during 30 the term of this lease as that portion becomes vacant. Lessor 31 agrees to lease and Lessee agrees to rent said one - eighty (1/8) 32 portion in accordance with all the terms and conditions contained b' 1. 1' 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 30 311 321 C] • 6 herein and at a monthly rental of $120.00 in addition to the exist- ling rent. 4. RENTAL PAYMENTS. The obligation of Lessee to pay rent for the use of the premises shall commence on September 15, 1969. The rental for the entire leased premises shall be $845.00 per month, commencing September 15, 1969, which sum shall be payable in advance on the 15th day of every month thereafter during the term of this lease or zany extension thereof. 5. RENTAL ADJUSTMENT. In the event that there is an increase in the real property taxes assessed against the land and building on which the Teased premises are located occurring during 1969 or in any future year during which the City of Newport Beach is leasing the same, Lessee agrees that the monthly rental installments payable by Lessee may be adjusted so that 80% of any such tax increase shall be assumed by Lessee. In the event Lessee exercises the option to lease the remaining one - eighth (1/8) portion of the premises as per the terms of paragraph 3 herein, Lessee agrees that the monthly rental installments payable by Lessee may be adjusted so that 100% of any such tax increase shall be assumed by Lessee. 6. USE OF PREMISES. (A) Lessee agrees to use the premises for City offices and for no other purpose without the consent of the Lessor. (B) Lessee particularly agrees not to conduct or permit to be conducted any auction on the premises (C) 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 �i 2. 1 insurance on said property and not to commit or suffer to be 2 committed any nuisance upon said premises. 3 7. UTILITIES. 4 1 Lessee hereby agrees to pay for heat, light, gas, 5 powerand all other utilities and services supplied to the premises, 6 except for water service which shall be paid for by Lessor. 7 8. TAXES. 8 Lessee agrees to pay all taxes upon personal propert 9 fixtures and equipment owned by it and located in and upon said 10 demised premises. Lessor agrees to pay all taxes and assessments 11 levied upon the land and building of said demised premises and any 12 fixtures and /or equipment therein owned by Lessor. 13 9. MAINTENANCE AND REPAIRS. 14 (A) Lessee agrees to maintain the premises in good 15 and sanitary condition and repair, except for reasonable use and 16 wear, and hereby waives all rights to make repairs at the expense 17 of Lessor as provided in Section 1942 of the California Civil Code 18 (B) Lessee agrees to replace any glass in the 19 premises which may become damaged or broken by Lessee's employees. 20 (C) Lessor agrees to maintain in good condition and 21 repair the exterior walls, roofs, central hallways and stairways. 22 Lessor is also responsible for any extraordinary repairs to the 23 restrooms' plumbing. 24 (D) Lessor and Lessee agree to share on an equal 25 basis, all costs incurred.in the maintenance of the aircondition- 26 ing and central heating system. 27 (E) Lessee agrees to maintain the landscaped areas 28 surrounding the building. 29 10. DESTRUCTION OF PREMISES. 30 In the event of partial destruction of the premises 31 by fire, earthquake or other casualty during the agreed term, 32 Lessor shall forthwith repair the same, provided such repairs can a' 3. r ' • . �.� I . �.� I be made within thirty (30) days. Such partial destruction shall 2 not render this lease void, except that Lessee shall be entitled to 3 a proportionate deduction of rent while such repairs are being made, 4 such proportionate deduction to be based on the extent to which the 5 making of such repairs shall interfere with the business carried on 6 by Lessee. If such repairs cannot be made within thirty (30) days, 7 this lease may be terminated at the option of either party. A 8 total destruction of the building in which the premises is situated 9 shall terminate this lease. 10 11. LIABILITY. 11 From and after the date Lessee enters into possession 12 of the demised premises, Lessee, as a material part of the consid- 13 eration for this lease, hereby assumes all risk of injury or damage 14 to persons or property in or about the rented premises from every 15 source, and Lessee agrees to and will hold and save the Lessor and 16 the premises harmless on account of any such damage or injury and 17 from any and all liability, loss and /or damage resulting from the 18 use of the premises or the operation of Lessee's business thereon. 19 12. LESSOR'S RIGHT OF ACCESS. 20 Lessor shall have access at all reasonable times to 21 the premises and each and every part thereof for the purpose of 22 inspecting same, making repairs, posting such notices as Lessor 23 may deem to be necessary for the protection of the Lessor or the 24 demised premises, for the purpose, as herein provided, of repossess- 25 ing said premises, and for the purpose of showing same to 26 prospective tenants, purchasers, mortgagees and /or beneficiaries 27 under trust deeds, and during the last one (1) month of the term 28 of this lease, or any extension or renewal thereof, Lessor shall 29 have the right to place and maintain in or upon the premises in 30 one or more conspicuous places "For Rent," "For Lease," and /or 31 "For Sale" signs. 32 13. ALTERATIONS AND ADDITIONS. 4. 0 1 Lessee shall have ~e~right, during the existence of 2 this lease, to make alterationg: attach fixtures and erect additions 3land signs in or upon the premises hereby leased, provided such 4 alterations, fixtures, additions or signs shall not be detrimental 5 to or inconsistent with the rights granted to other tenants on the 6 property or in the building in which said premises arelmeated. 7 14. REMOVAL OF FIXTURES. 8 All locks, bolts, alterations and additions which may 9 be affixed to or made by either of the parties hereto upon the 1011premises, except movable furniture and movable fixtures put in at 11 the expense of the Lessee, shall be the property of the Lessor and 12 shall remain upon and be surrendered with the premises as part 1311thereof at the termination of this lease, without disturbance, 1411molestation or injury. 15 15. LOSS OR DAMAGE SUSTAINED BY LESSEE. 16 Lessor shall not be liable to the Lessee, or to any - 17 one claiming under or through Lessee, for any loss and /or damage 18 which may be occasioned by fire, water, gas, electricity, steam, 19 sewerage, wiring, deluge, rain, wind, storm or earthquake; or over - 20 flow, bursting or leaking of water, gas or other pipes, plumbing 21 or apparatus, or by or from any sidewalk or awning, in and /or about 22 the premises, howsoever coming or being. 23 16. ASSIGNMENT AND SUBLETTING. 24 Lessee agrees not to underlet the whole or any part 25 of the premises, nor to assign this lease or any interest therein 26 (nor may this lease be assigned by operation of law), nor to 27 sublease, or mortgage, or in any way create any lien on this lease 28 or any interest therein without the consent in writing of the 29 Lessor first had and obtained, but consent will not be withheld 30 without just cause. 31 17. ATTORNEYS FEES. 32 In the event any suit is brought by either party 5. I ' 1 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 31 321 ^, aif� 0 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 I such action. 18. SUCCESSORS AND ASSIGNS. The covenants and conditions herein contained shall, 11 subject to the provisions as to assignment, apply to and bind the successors, heirs, executors, administrators and assigns of the parties hereto. No modification of this lease agreed upon with any successor to Lessee's interests herein, nor any waiver of any breach or default hereunder by any such successor, shall release Lessee from liability under this lease. 19. 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 thereof and damage by the elements and by acts and matter beyond Lessee's control excepted. 20. NOTICES, j i All notices, statements, demands, requests, consents, authorizations, offers or agreements under this lease by either 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, 92660. To Lessor, addressed to the Lessor, Baldwin M. Baldwin, at 5300 Rodeo Road, Los Angeles, California, 90016, or to Z, .. ....:�' J M. Z, .. ....:�' J 1: >t such other place as Lessor may from time to time 2 designate by notice to Lessee. 3 21. BINDING EFFECT. 4 This lease and the terms, covenants, and conditions 5 hereof apply to and are binding on the heirs, successors, executors, 6 administrators and assigns of the parties hereto. 7 22. PRIOR LEASES. 8 This agreement supersedes all prior leases, agree - 9 ments and understandings between the parties hereto. 10 IN WITNESS WHEREOF, the Lessor and Lessee have executed 11 this lease eddewdlm as of the day and year first above written. 12 13 A WI LES OR 14 15 App 0 AS TO '0 CITY OF NEWPORT �BE®ACH 16 By. : fA37a� /2 (J74it�. r ULLY H. S' UR . City Manager 17 City Attorney LESSEE 18 19 20 21 22 23 24 25 26 27 28 29 30 31 TLW:eg 32 10/9/69 7- ,,, ... �. .� ,.. - �._. n. _ >. :. .. . - �._. n.