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
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Act ng i y manager
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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-
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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
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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.
- ,.> ,"�.
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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.
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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.
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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.
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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.
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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
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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
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F /RST FLOOR LEASE
3042 SQ . Fr. �TVra��
Sc -eCAVO FLOOR
759 So. Fr.
ror,A,L LEASE ,Q/?EA
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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
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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
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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.
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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
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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
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TLW:eg 32
10/9/69
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