HomeMy WebLinkAboutC-1532 - Lease agreement City Hall Annex 2, 503 32nd StreetROBERT N. MOODEY p
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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,
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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-
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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-
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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
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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
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APPROVED AS TO FORM:
Assistant City Attorney
40
J./ _MFE LUDWIG
/JEANNE C. LUDWIG
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OFF- STREET PARKING AGREE ENT
(Property located at 503 -.32nd (,�j�
Street, Newport Beach) J
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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
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71
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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
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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
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22�j,:.;for the personal use
231 use by customers and
.2411 ".pants of said office
25 right to use said pa
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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,
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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,
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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
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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
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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