HomeMy WebLinkAboutC-1531 - Lease agreement Police Annex, 414 32nd StreetTO: FINANCE DIRECTOR
FROM: City Cleric
SUBJECT: Contract No. 1531
CITY OF NEWPORT BEACH
CALIFORNIA
(;Lty 14,111
3300 W. Npwport Blvd,
Area Code 714
673 -2110
T)ATE Jug 17, 1974
Description of Contract Amenc§nent to Lease of Police Annex
414 - 32nd Street
Authorized by Resolution No. 8269 , adopted on JiaY_ l0 F 1974
Effective date of Contract Jule 10- 1974
Amount of Contract $550.00 ner month.
V _City . e c
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June 13, 1974
Y
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Allan Fainbarg Properties
c/o CHC Management, Inc.
450 East Chapman Avenue
Orange, CA 92666
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Enclosed is an executed copy of the lease agreement for the
City's rental of the building at 414 32nd Street on a month
to month tenancy basis.
Said lease agreement was authorized by the City Council on
June 10 by the adoption of Resolution No. 8269.
Laura Lagios, CMC
City Clerk
LL
Encl.
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AMENDMENT TO LEASE
This Lease Amendment is made and entered into this
/0 -rH day of , 1974, by and between ALLAN FAINBARG
PROPERTIES, hereinafter called "Lessor ", and the CITY OF NEWPORT
BEACH, a municipal corporation, hereinafter called "Lessee ".
The parties hereto have previously entered into a
Lease Agreement dated June 4, 1973, relating to the building
located at 414 32nd Street, Newport Beach, California (a copy of
the Lease is attached hereto marked Exhibit "A "). Said parties
wish to amend said Lease as follows:
AMENDMENTS:
1. Paragraph 2, entitled "Term" is amended to read:
"The term of this lease shall be for a period of
three (3) months, commencing July 1, 1974, and expiring
on September 30, 1974, provided that upon termination of
this lease, Lessee shall be allowed to remain in possession
of said premises as a tenant from month to month."
2. Paragraph 4, entitled "Termination of Lease" is
amended to read:
"After theinitial three -month period, Lessor or
Lessee may terminate this lease by giving the other forty -five
(45) days prior written notice of such intention to terminate.
In the event of such termination, Lessee shall be liable for
lease payments only until the effective date of said
termination."
to read:
3. Paragraph 5, entitled "Rental Payments" is amended
"The obligation of Lessee to pay rent for the use
of the premises under the terms of this lease shall commence
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0
on July 1, 1974. The rental for the leased premises shall
be $550 per month payable on the first day of each month
and shall continue to be payable for any month in which
Lessee holds over."
Each and every term and condition of the original Lease
dated June 4, 1974, to the extent that they have not been changed
or modified by this Amendment and to the extent applicable shall
remain in full force and effect and are incorporated herein by
this reference.
IN WITNESS WHEREOF, the Lessor and Lessee have executed
this Amendment to Lease as of the day and year first above written.
APPROVED AS TO FORM:
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Cilty Attorney
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5AV74
CITY OF NEWPORT BEACH
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ATTEST:
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Lessee
ALLAN FAIN�BAoRRGQ PROPERTIES
By:
Lessor
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APPROVED AS TO FORM:
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Cilty Attorney
DDO:mh
5AV74
CITY OF NEWPORT BEACH
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ATTEST:
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Lessee
ALLAN FAIN�BAoRRGQ PROPERTIES
By:
Lessor
-2-
JUN 1 0 1974 • •
By the CITY COUNCIL RESOLUTION NO. 8269
CITY Qf HIAwmT BLkCt,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE EXECUTION OF
AN AMENDMENT TO LEASE BETWEEN THE CITY OF
NEWPORT BEACH AND ALLAN FAINBARG PROPERTIES
FOR EXTENSION OF THE LEASE OF POLICE OFFICES
AT 414 32ND STREET ON A MONTH -TO -MONTH TENANCY
BASIS
WHEREAS, there has been presented to the City Council
of the City of Newport Beach a certain Amendment to Lease
between the City of Newport Beach and Allan Fainbarg Properties
which amends the term of the lease of the police offices at
414 32nd Street to provide for a three -month extension and then
a month -to -month tenancy basis thereafter until terminated;
and
WHEREAS, the City Council has considered the terms
and conditions of said Amendment to Lease and found them to be
fair and equitable, and in the best interests of the City;
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Newport Beach that said Amendment to Lease above
described is approved, and the Mayor and City Clerk are hereby
authorized and directed to execute the same on behalf of the
City of Newport Beach.
ADOPTED this 10th day of June, 1974.
Mayor
ATTEST:
City Clerk
DDO/bc
6/5/74
CITY OF NEWPORT BEACH
CALIFORNIA
City Hall
3300 W. Newport Blvd.
Area Code 714
673 -2110
DATE June 19, 1.973
TO: FINANCE DIRECTOR
FROM: City Cleric
SUBJECT: Contract No. C -1531
Description of Contract Lease of 414 - 32nd Street, Newport Beach
Authorized by Resolution No.
Effective date of Contract
Contract with
Address
7997
June 4, 1973
adopted on
Allan Fainbarg Properties
May 29, 1973
c/o CHC Managarent, Inc., 450 E. Chapman Avenue,
Orange, CA 92666
Amount of Contract S525.00 per month for 12 months
M ms
for each additional month under ter
of this lease
-city fterk
6 0
June 13, 1973
Allan Fainbarg Properties
c/o CHC Management, Inc.
450 East Chapman Avenue
Orange, CA' 92666
Enclosed is a certified copy of the executed lease
agreement for the City's rental of the building at
414 - 32nd Street.
Said lease agreement was authorized by the City Council
on May 29 by the adoption of Resolution No. 7997.
Iaura Lagios, C.M.C.
City Clerk
LL:swk
enc.
LEASE OF CITY OFFICES
414 - 32nd STREET)
THIS LEASE is made and entered into this `77,A1 day
of yV t 1973, by and between ALLAN FAINB� G PROPERTIES,
hereinafter called "Lessor ", and the CITY OF NEWPORT BEACH, a
municipal corporation, hereinafter called "Lessee ".
1. CONSIDERATION AND DESCRIPTION OF PROPERTY.
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 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 twelve
(12) calendar months, commencing on July 1, 1973, and expiring,
unless sooner terminated or renewed, on June 30, 1974.
3. RENEWAL OPTIONS.
Lessee shall have the option to extend this lease
for two (2) twelve -month terms following the expiration of the
initial twelve -month term. If Lessee elects to exercise the
first 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
twelve -month term. If Lessee exercises the first option to
extend the lease for an additional twelve -month term, it may
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extend the lease for one additional twelve -month term by giving
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written notice to Lessor not less than thirty (30) days prior
'to the expiration of the first additional twelve -month term.
4. TERMINATION OF LEASE.
Except as provided in Paragraph 12 herein, this
lease may not be terminated during its initial twelve -month
term. After the initial twelve -month term, Lessee may terminate
this lease by giving a notice of intention to terminate in
writing to the Lessor at least ninety (90) days prior to said
termination. In the event of such termination, Lessee shall be
liable for lease payments only until the effective date of said
termination.
5. RENTAL PAYMENTS.
The obligation of Lessee to pay rent for the use
of the premises under the terms of this agreement shall commence
on July 1, 1973. The rental for the leased premises as of
July 1, 1973, shall be $525.00 per month, payable twelve (12)
months in advance, and $550.00 per month, payable in advance
on the first day of every month thereafter, during the term of
any extension of this lease.
6. MODIFICATION OF PREMISES.
Prior to the effective date of this agreement
(July 1, 1973), Lessor agrees to undertake at his own expense
the following modifications to the cooling and ventilating
system serving the leased premises:
A. The installation of one (1) Day and Night
36 PAC three -ton air conditioning unit on the roof of the
leased premises.
B. The existing system will be re- balanced to
provide more air to the north side of the leased premises.
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• 0
7. PARKING.
Lessor agrees to provide three paved, lined parking
spaces, on the site for the exclusive use of Lessee.
8. 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 agrees not to use the premises or permit
the same to be used for any purpose or purposes in violation of
any law, statute or ordinance, or do or permit to be done any
act which will occasion or constitute a ground for cancellation
of any insurance policy or for any increase in the rate of
insurance on said property. Lessee further agrees that it will
not commit or allow to be committed any nuisance upon said
premises.
9. UTILITIES.
Lessee hereby agrees to pay for all utilities and
services supplied to the premises, except for water service
which shall be paid for by Lessor.
10. TAXES.
Lessor agrees to pay all tax assessments levied
upon the land and building of the leased premises and any
fixtures and /or equipment therein owned by Lessor.
11. 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
maintenance services.
B. Lessee agrees to replace any glass in the rented
premises which may become damaged or broken.
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• •
C. Lessor agrees to maintain in 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 the parking lot.
12. 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 shall 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 by giving written notice to the other
party. A total destruction of the building in which the premises
is situated shall terminate this lease
In the event this lease is terminated as provided
herein, Lessor shall refund to Lessee any amounts pre -paid for
rental periods occurring after the date of termination.
13. LIABILITY.
As of the date of this lease, Lessee, as a material
part of the consideration for this lease, hereby assumes all
risk of injury or damage to persons or property in the leased
premises from every source except the negligence of Lessor.
Lessee further 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 or the operation of Lessee's business
thereon.
WIC
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14. LESSOR'S RIGHT OF ACCESS.
Lessor shall have the right of access at all
reasonable times to the premises for 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 leased
premises and for the purpose of showing same to prospective
tenants, purchasers, mortgagees and /or beneficiaries under trust
deeds. During the last one (1) month of the term of this lease,
or any extension or renewal thereof, Lessor shall have the right
to place and maintain in or about the premises in one or more
conspicuous places "FOR RENT ", "FOR LEASE ", and /or "FOR SALE"
signs.
15. 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 are not
detrimental to or inconsistent with the rights granted to other
tenants on the property or in the building in which said premises
are located.
16. REMOVAL OF FIXTURES.
All locks, bolts, alterations and additions which
may be affixed to the premises, except movable furniture and
movable fixtures put in at the expense of the Lessee, shall
become the property of the Lessor and shall remain upon and
be surrendered with the premises as part thereof at the termination
of this lease.
17. LOSS OR DAMAGE SUSTAINED BY LESSEE.
Lessor shall not be liable to Lessee, or to anyone
claiming under or through Lessee, for any loss and /or damage
sustained by Lessee unless such said loss or damage is caused
by negligence of Lessor.
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18. ASSIGNMENT AND SUBLETTING.
Lessee agrees not to sublet the whole or any part
of the premises, to assign this lease or any interest therein
(nor may this lease be assigned by operation of law), to sublease,
mortgage, or in any way create any lien on this lease or any
interest therein without the consent in writing of the Lessor,
but consent will not be withheld without just cause.
19. ATTORNEY'S FEES.
In the event any legal action 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 action shall be entitled to attorney's fees to be fixed
by the Court in such action.
20. 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, administrators and assigns
of the parties hereto.
21. 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 matters
beyond Lessee's control excepted.
22. NOTICES.
All notices, statements, demands, requests, con-
sents, authorizations, offers or agreements under this lease by
0
either party to the other shall be made in writing and shall be
deemed 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 and /or his
rr;
agent, Allan FainbBrg Properties, c/o CHC Management,
Inc., 450 East Chapman Avenue, Orange, California
92666, or to such other place as Lessor may from time
to time designate by notice to Lessee.
23. PRIOR AGREEMENTS.
As of July 1, 1973, this lease shall supersede
all prior lease agreements and understandings between the parties
hereto.
IN WITNESS WHEREOF, the Lessor and Lessee have executed
this lease as of the day and year first above written.
C. % /... �.
j�.
rsC_:
ATTEST:
G/ ?
City Clerk
APPROVE AS TO FORM:
CITY OF NEWPORT BEACH, a municipal
corporation
S
'b)M
ALLAN FAINBARG PROPERTIES, Lessor
:WC
June 4, 1973
Subject: Lease of City Offices
414 32nd Street
Mr. Cully picked up original and one copy of subject lease, which had
been signed by the Mayor and attested by me, and delivered them to
Allan Fainberg for execution, Mr. Fainberg kept the copy for his
files, and Mr. Cully returned the signed original to my office.
President
CHC Management, Inc.
450 east Chapman avenue
orange, california
telephone (714 ) 639 -3110
RESOLUTION NO. 9 9 7
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH AUTHORIZING THE
EXECUTION OF A RENTAL AGREEMENT BETWEEN
THE CITY OF NEWPORT BEACH AND ALAN FAINBERG
PROPERTIES COVERING RENTAL OF SECOND FLOOR
OF BUILDING LOCATED AT 414 32ND STREET
(POLICE ANNEX)
WHEREAS, there has been presented to the City Council
of the City of Newport Beach a certain rental agreement between
the City of Newport Beach and Alan Fainberg Properties for the
rental of the second floor of the building located at 414
32nd Street (Police Annex); and
WHEREAS, the City Council has considered the terms
and conditions of said agreement and found them to be fair
and equitable;
NOW, THEREFORE, BE IT RESOLVED that said agreement
is approved, and the Mayor and City Clerk are hereby authorized
and directed to execute the same on behalf of the City of
Newport Beach.
ADOPTED this
ATTEST:
City Clerk
day of MAY 2 9 1973 , 1973.
Mayor
DON dm
5/24/73