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HomeMy WebLinkAboutC-1532 - Lease agreement City Hall Annex 2, 503 32nd StreetROBERT N. MOODEY p 326 uriruruz �td�m� .JYeev�zo?��7 Za 219P661 M4) 675 -0430 July 2, 1974 Richard V. Hogan, Director Community Development Dept. City of Newport Beach Newport Beach, CA 92660 Dear Mr. Hogan: With reference City Offices Lease on property at 503 - 32nd St. dated June 3, 1973 this letter is for the purpose of calling to the City's attention the pro- visions of Paragraph 22 (page 7) which makes the lease subject to the provisions of an off - street parking agreement dated March 5, 1968 (attached to the Lease). This parking agreement provides for the use of 24 parking spaces to be used only by the owner of the building and by the customers and business invitees of the tenants or occupants and does not include the right of use for parking by Lessees, tenants or occupants of the buildings or their employees. I am sure the City is aware of this paragraph and presume it has been complied with. RNM :e cc: Edward Migge Orange County Developers P.O. Box 980 Long Beach, CA 90801 You very truly, ob�2'r t L � ve v �3 June 25,1974 . .F.• J: A•° Shepardsom MY... RobP,ft PI. vop4e11'' ' $ank of America 341¢ a+is Lido Newpor€.,noach Ca13i'orr ia.:. 9266U Dear Mesi rre... Shepardson and Moodey: As you are probably aware, on June 3, 1973, the City of Newport Beach entered into an agreement with Dr. and Mrs. Ludwig for the le'aa.a of the building located at 503 32nd Street, Newport reach, Caliifprbia. That Lease is to expire on September l., 1974, unless soonar renewed. This le*_rer,is to notify you as the new owners of the subject building tr.at the City elects to exercise its option to extend this lease for an additional twelve -month term, commencing on September 1, 1974. All other provisions of the subject lease shall remain in effect. If you should have any questions regarding this matter, please feel free to contact this office. Very truly yours, ROBERT L. WYNN City Manager RLW/bc bcc: Frank Ivens M 0 CITY OF NEWPORT BEACH CALIFORNIA DATE June 19, 1973 TO- FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. Inscription of Contract lease- of-r ,12 _ 49ne, Ctraot Authorized by Resolution No. 7998 , adopted on May 29 1973 Effective date of Contract Jimp a 1Q7.1 Contract with .T_ TAfn anA .Taanna r- TaAgio Amount of Contract .0 n7S _ nn per-month -city MK City Hall 3300 W. Newport Blvd. Area Code 714 673 -2110 a of June 13, 1973 J. Lafe and Jeanne C. Ludwig c/o Howard Lawson, Jr., Realtor 3416 Via Lido Newport Beahh, CA 92660 inclosed is a certified copy of the executed lease agreement for the City's rental of the building at 503 - 32nd Street. laid lease agreement was authorized by the City Council on May 29 by the adoption of Resolution No. 7998. Laura Lagios, C.M.C. City Clerk L.L:swk enc. a" 40 LEASE OF CITY OFFICES (503 32nd Street) THIS LEASE is made and entered into 1973, by and between J. LAFE LUDWIG and JEANNE C. LUDWIG, here- inafter 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, convenants 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: Allthose areas of the building located at 503 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 September 1, 1973, and expiring, unless sooner renewed, on September 1, 1974. 3. RENEWAL OPTIONS. Lessee shall have the option to extend this lease for three additional twelve -month terms following the expiration of the initial twelve -month term. If Lessee elects to exercise any of these options, it shall notify Lessor in writing not less than sixty (60) days prior to the expiration of the initial term of this lease or any extension thereof of its intention to extend the lease for each additional twelve -month term. 4. TERMINATION OF LEASE. Lessee may terminate this lease by serving on Lessor a notice of intention to terminate in writing at least one - hundred and twenty (120) days prior to said termination. In -1- 4% so the event of such termination, Lessee shall be liable for lease payments only until the effective date of said termination. In no event shall Lessee terminate this lease prior to September 1, 1974, except as provided in Paragraph 11 of this lease -- "Destruction of Premises." 5. RENTAL PAYMENTS. The obligation of Lessee to pay rent for the use of the premises shall commence on September 1, 1973. Lessee shall, on that date, pay to Lessor the amount of ten thousand seven hundred and fifty dollars ($10,750.00) which shall rep- resent Lessee's rental payment obligation from September 1, 1973, through June 30, 1974. Thereafter, the rental payments shall be on a monthly basis. The rental for the leased premises shall be one thousand and seventy five dollars ($1,075.00) per month, which sum shall be payable in advance on the first day of every month during the term of this lease or any extension thereof. 6. RENTAL ADJUSTMENT. In the event the real property taxes assessed against the land and /or building containing the leased premises are increased during the term of this lease or any extension thereof over and above those taxes assessed for the fiscal year ending June 30, 1974, Lessee shall reimburse Lessor the amount of said increase upon written demand by Lessor. This provision shall not be construed as applying to that parcel of land used for off -site parking purposes in conjunction with the leased premises and which is more particularly described in Exhibit "A" attached hereto. -2- so Go 7. USE OF PERMISES. (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. 8. 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. 9. TAXES. Except as provided in Paragraph 6 herein, Lessor agrees to pay all taxes and assessments levied upon the land and building on the leased premises and any fixtures and /or equipment therein owned by Lessor. 10. MAINTENANCE AND REPAIRS. (A) Lessee agrees to maintain the premises in good and sanitary condition and repair, except for reasonable use and wear. Lessee hereby waives all rights to make repairs at the expense of Lessor as provided in Section 1942 of the California Civil Code. (B) Lessee agrees to replace any glass in the premises which may become damaged or broken. (C) Lessor agrees to maintain in good condition and repair the exterior walls and roofs. Lessor is also respon- sible for any extraordinary repairs to the restrooms' plumbing. -3- L� so (D) Lessor agrees to assume all costs incurred in the maintenance of the cooling, ventilating and central heating system. Lessee shall be responsible for the periodic replacement of the filters for the system. (E) Lessee agrees to maintain the landscaped areas surrounding the building. (F) Lessor shall retain a competent professional painting contractor to repaint the exterior walls and trim of the building on the leased premises in a color acceptable to the City Manager. This work shall be completed within thirty (30) days after the execution of this lease. Lessor reserves the right to obtain competitive bids for said work. 11. DESTRUCTION OF PREMISES. In the event of partial destruction of the premises by fire, earthquake or other casualty during the agreed term, Lessor shall forthwith repair the same, provided such repairs can be made within thirty (30) days. Such partial destruction shall not render this lease void, except that Lessee shall be entitled to a proportionate deduction of rent while such repairs are being made. Such proportionate deduction 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 days, this lease may be terminated at the option of either party. A total destruction of the building in which the premises is situated shall terminate this lease. 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. 12. 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 or about the Lei 40 rented premises from every source. 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. 13. LESSOR'S RIGHT OF ACCESS. Lessor shall have the right of access at all reas- onable 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 demised premises, and for the purpose of showing sane to prospective tenants, purchasers, mortgagees and /or beneficiaries under trust deeds. During the last one (1) month of the tern of this lease, or any extension or renewal thereof, Lessor shall have the right to place and maintain in or upon the premises in one or more conspicuous places "For Rent," "For Lease," and /or "For Sale" signs. 14. ALTERATIONS AND ADDITIONS. (A) Lessee shall have the right, during the existence of this lease, to make alterations, attach fixtures and erect additions in or upon the premises hereby leased. (B) Lessor agrees to allow Lessee to place signs or directories on the leased premises for the purpose of providing information regarding the location of city offices and parking facilities. Prior to such placement, Lessee shall obtain the consent of Lessor regarding the manner of attachment of said signs or directories to the building on the leased premises. 15. REMOVAL OF FIXTURES. All locks, bolts, alterations and additions which may be affixed to the premises, except movable furniture and moveable 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. -5- so 16. LOSS OR DAMAGE SUSTAINED BY LESSEE. Lessor shall not be liable to Lessee, or to anyone claiming under or through Lessee, for any loss or damage sustained by Lessee unless said loss or damage is caused by the negligence of Lessor. 17. 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 sub- lease, 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. 18. ATTORNEY'S FEES. In the event any suit is brought by either party against the other to enforce any of the terms or provisions of this lease, then it is agreed that the successful party in such suit shall be entitled to attorney's fees to be fixed by the Court in such action. 19. SUCCESSORS AND ASSIGNS. The covenants and conditions herein contained shall, subject to the provisions as to assignment, apply to and bind the successors, heirs, executors, administrators and assigns of the parties hereto. 20. EFFECT OF HOLDING OVER. At the expiration or any sooner termination of this lease or any extension thereof, Lessee agrees to quietly quit and surrender the premises to Lessor, Lessor's successors, assigns, agent or attorney, without notice of any kind, notice being expressly waived, in as good order, condition and repair as same were at the date of occupancy, reasonable use and wear thereof and damage by the elements and by acts and matter beyond Lessee's control excepted. 4" 40 21. NOTICES. All notices, statements, demands, requests, con- sents, authorizations, offers or agreements under this lease by either party to the other shall be 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, J. Lafe Ludwig and Jeanne C. Ludwig, c/o Howard Lawson, Jr., Realtor, 3416 Via Lido, Newport Beach, California 92660. 22. PRIOR AGREEMENTS. This lease shall supersede all prior leases, agreements and understandings between the parties hereto except that it is subject to the provisions of that certain "off- street parking agreement" executed March 5, 1968, between EARL G. SAWYER, ELEANOR B. SAWYER, the GRIFFITH COMPANY and the CITY OF NEWPORT BEACH. A true copy of that agreement is attached hereto as Exhibit "A" and is, by this reference, incorporated herein as if fully set forth. IN WITNESS WHEREOF, the Lessor and Lessee have executed this lease as of the day and year first above written. ityyClerc CITY OF NEWPORT BEACH O/C W APPROVED AS TO FORM: Assistant City Attorney 40 J./ _MFE LUDWIG /JEANNE C. LUDWIG '%.M +I I .I II wi rail EE 611 OFF- STREET PARKING AGREE ENT (Property located at 503 -.32nd (,�j� Street, Newport Beach) J -r THIS AGREE,1ENT is entered into this v ` day of 1968, by EARL G. SAWYER and ELEA\02 B. I SAWYER, husband and wife, hereinafter called "Sawyer ", Ch COMPANY, a California corporation, hereinafter called "CoWpaay ", and the CITY OY NEWPORT BEACH, a`- municipal corporation, herein - after called. "City' i Recitals; A. Chapter 20.38.of.the Newport Beach Municipal Code i entitled "' -H' DISTRICT" establishes off - street parking require- ments for property located in all C and'M zoning districts j within the City which are combined with. " -H" districts. B. Sawyer holds fee title to a parcel of real property upon which there is an office building located at 503 - 32 -od i Street in the City of Newport Beach, ,more particularly described as follows: I Lot 6, Tract 1117, as recorded in Book 35, pale 48 of Miscellaneous Maps of the records of Orange • County, excepting therefrom the easterly 114 feet, hereinafter referred to as Parcel A. { .. C.. Parcel A is located in ,a C -1 -H zone of the City. I jD. .Pursuant to the off - street parking '�orstula applica- ble to office buildings in " -H" districts, tweaty-fc,:_ 2 off- street parking spaces"are required to be'furnishea in connec- i tion with the present use "iof Parcel'A (Section 20.38.03v (b) N.B.M.C.). ;. ..... .. i E. Company is 'a former owner of Parcal A, w1aiCR sold to John S. Mason; a predecessor in title of Sawyer. :: `i t sold Parc 1 A to Mason Com an e=d b 1 = me ponf �. �« April 1, 1954 that it would provide sufficient off- scree:. par:i spaces to meet the City's" zoning requirements in near�y pa�.cing I I! i; 2 5 I', 61 71 I WT7 . 0 al`edd 111WeV iUb control. At that time Parcel A was bounded by privately owned streets; which the parties contemplated -using to accommodate a considerable amount of.,the required parking, in conjunction with a certain portion of the area designated as Parcel B for purposes of this agreement and which is more particularly.described • as follows: A portion of Lots 3, 6 and 7, Tract 1117, as recorded in Book 35, page 48 of Miscellaneous Maps of the_ records of Orange County. The areas of private streets bounding Parcel A were subsequently dedicated as public streets, thus eliminating a certain portion . of.off -site parking contemplated for use by Parcel A. I i i F. For reasons unknown, the commitment by Company to provide the required parking was not embodied in a recorded .,,..agreement as required by Chapter,20.38., :After this omission was brought to the attention -of Company by City, Company expressed its willingness to formalize its previous commitment by a written .agreement. NOW, THEREFORE, the parties.hereto agree as follows:.. 1. For. so. long as the office building presently located on Parcel A continues to exist, - Company agrees to sake 21!" available twenty=jEqur (24) parking spaces located on Parcel B 12,W r% 22�j,:.;for the personal use 231 use by customers and .2411 ".pants of said office 25 right to use said pa WIJJ cS`ft17� of the owner in fee of Parcel A and for the CM/ OF �VEWP02M business invitees of the tenants or occu- building. The parties hereto agree that the rking spaces is nonexclusive and it shall not 26:1 include the right of personal.'.use of said spaces for parking by 271,. lessees, tenants or occupants -of said building or their employees, +f 1• 23� except insofar as such person or persons are.also the fee owners of Parcel A. 2. As between Sawyer. .and Company, or the lessees o:: 3i1 which have the right.. to use parking spaces in Parcel B, .Company 321 it.is agreed that they. ., will., share'`in, the cost of maintenance, 2, I gel rx!I 5 I 1 6,1 upkeep and rear of Parcel B, includinglat not ii iced c reasonable hazard insurance premiums and tares therec:i, costs o;'z sweeping, striping, bumpering, lighting, relarping, etc., in the ratio as the twenty-four (24) parking spaces bear to the total number of parking spaces in Parcel B. 3. Company agrees to. maintain said park lot on Parcel B and to provide thereon the number of spaces herein agreed upon for as long as Parcel A or the office building presently located thereon is used'for any purpose which under the laws and ordinances of City requires that number of off- street parking spaces in connection with such use. City is not hereby restricted from legislative, administrative, executive, or quasi - judicial action with respect to either Parcel of property as such action. CITY OF NEWPORT BEACH By . J 1'r PROVED AS TO FORM: Mayor Attest: ` Tully H. Seymour City Attorney o City Clerk v; rl ni J 10 li is 12 13i 15i i� 1G ii 17 18 2.9 2C �; 21 'i 23 25!' H l�' O9 J�. ii STATE OF CALIFORNIA ) SS COUNTY OF On e�.� `J' 1968, before me, the under- signed, a Notary kublic in a— cd for said County and State, personally appeared EARL G. SAWYER and ELEANOR B. SAWYER, known to me to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same. WITNESS my hand and of cial OFFICIAL Sz-AL H0%AA S LP.4'JSON, JR. L NOTARr PUBLIC-CALIFORNIA " Notary Public in and for PrtINCIrAL OFFICE IN said County and State ORANGE COUNTY HOWARD B. LAWSON, JR. STATE OF CALIFORNIA ) My comnilsslon Explras Jan. 4, 1969 : ss . COUNTY OF ) Gn ! ;?��� .��< , 1968, before me, the under- signed, a Notary Public 1,rhand for said County and State, nezn soally appeared /J r >�� :y %r- „',"_:% and known to me tome trine �'I P z�hlo:; T an respectively, of the GRIFFITH COMP7MY, t e cor- poration that executed the within instrument, known to me to be the persons who executed the within instrument on behalf of the co.oration herein named and acknowledged to me that such corpor- ation executed the within instrument pursuant to its by -laws or a resolution of its Board of Directors. WITNESS my hand and official seal. JN i.. m .................. ............. ........ ...... . .... ._ J STATE OF CALIFORNIA ) : ss COUNTY OF ORANGE ) Notary Public in and for said County and State MY Commission Expires April t.”, On 1968, before me, the 4. . � o Nc�wPe,Rr r I I vJ n v1i ti O I O 1 V � I c VILLA Is /K vo t r O N %IQ n i ��nrnrn 'w Q : 4 � c. I I o �— 1 O Z I' i i I r p � C Z i O I W r� aali D', r1 i a t r O N %IQ n i ��nrnrn 'w Q : 4 � c. I I o �— 1 O • • RESOLUTION NO. ( `; _ I 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 J. LAFE AND JEANNE C. LUDWIG COVERING RENTAL OF BUILDING LOCATED AT 503 32ND STREET (CITY HALL ANNEX #2) WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain rental agree- ment between the City of Newport Beach and J. La£e and Jeanne C. Ludwig for the rental of the building located at 503 32nd Street (City Hall Annex #2); 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 aid directed the execute the same on behalf of the City of Newport Beach. ADOPTED this day of " % 1973. yor ATTEST: City Clerk