HomeMy WebLinkAboutC-2003 - Lease city ground for construction of Marine Department shop & garage on Harbor District propertyi
o� m CITY OF NEWPORT BEACH
CALIFORNIA
� City flan �
C���FORN�' 3300 W. Newport Blvd.
Area Code 714
DATE April 4. 1978
TO: FINANCE DIRECTOR
FROM: City Clerk
SUBJECT: Contract No. 2009
Description of Contract -ta F g .. aQe s Maint Facility
Authorized by Resolution No. 9274 , adopted on _ Fabruary 19, 1978
Effective date of Contract April 1. 1978
Contract with Orange County Harbors, Bsacbas 6 Parts Dept.
Address Rawl Estate Division
P.O. Box 4106, Santa Ana, CA 92702
Amount of Contract See Contract
City Clerc
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` QTY C P K F.
C CF = YIPORT BEACH
1TQPT BOULEVARD
Ncl"iPORT ErAC�i, CALIF, 9250
PM 1002 -30
Lower Newport Bay
LEASE
THIS IS A LEASE, made this . ' day of .yha"i , 1917f' , by and between
COUNTY OF ORANGE and ORANGE COUNTY HARBORS, BEACHES, AND PARKS DISTRICT,
a body corporate and politic, hereinafter referred to as "LESSOR ", and
the CITY OF NEWPORT BEACH, a body corporate and politic, hereinafter
referred to as "TENANT ", without regard to number and gender.
I. DEMISED PREMISES (MA3.1 S)
LESSOR leases to TENANT that certain property hereinafter referred to
as "Demised Premises ", described in "Exhibit A" and shown on "Exhibit B ",
which exhibits are attached hereto and by reference made a part hereof;
together with the non- exclusive use of LESSOR'S adjacent parking area,
also shown on Exhibit B, and reasonable rights of access.
2. USE
LESSOR leases to TENANT and TENANT hires from LESSOR the Demised Premises'
for the purpose ofconstructing a storage /maintenance facility which shall
be used by.-TENANT to store and maintain supplies and equipment used by
TENANT in coal }unction with TENANT'S marine safety activities.
3. LIMITATION OF `THE 'LEASEHOLD (MA 5:1"N•)
This Lease and the rights,and; privileges granted TENANT in and to the
Demised Premises are s'ub`ject to alj.covenants, conditions, restrictions,
and exceptions of record'or apparent, including those which are set out
in the Tideland Grant by the State of California to the County of Orange
(Chapter 415, Statutes'of :1975; S':dte.of California). Nothing contained in
this Lease or in any document related hereto shall be construed to imply ,
the conveyance to TENANT of rights in the Demised Premises which exceed
those owned by LESSOR.
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1 4. TERM (MB2.1 S)
2 The to 10) yPku -.. t fi rst,day
o die , ret fu1Y tea[ iii ar month lowing the date :af, execution of the
3 rs m"ent by' 4LESSOR.
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5. TERMINATION BY LESSOR (N)
5
In the event LESSOR should require the 'Demised Premises in connection
6 with the future expansion and /or operation of LESSOR'S Harbor Patrol
Facility, LESSOR may, at any time upon 90 clays' written notice, terminate
7 this Lease.
8
5. CONSIDERATION (N)
9
As consideration for rent -free use of the Demised Premises, TENANT shall
10 provide LES:SOr with assistance in performing LE:SSOR's search anJ rescue
operations when such assistance will not interfere with TFNAN`. "s normal
11 marine - safety activities.
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7. TENANT - REQUIRED CONSTP.L'CTIOPt (N )
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TENANT, at no expense or cost to LESSOR, shall cause to be designed and
14 constructed on the Demised Premises a storage /maintenance facility
containing approximately 528 square feet of floor area. Said facility
15 shall be constructed in such a way that it will connect to and become an
extension of LESSOP'S existing storage shelter which is located directly
16 adjacent to the Demised Premises, as indicated on Exhibit B. TEN ANT'S
storage /maintenance facility shall be of a type construction, quality
17 and design equivalent to LESSOR'S existing storage shelter.
18 TENANT acknowledges that TENANT'S construction of the storage /maintenance
facility will require the relocation of LESSOR'S existinq trash enclosure
19 which is located within the Demised Premises.
20 TENANT hereby agrees, at no expense or cost to LESSOR, to relocate said
trash enclosure to the area directly adjacent to the Demised Premises as
21 indicated on Pxhibit S. Once relocated the new trash enclosure shall
contain the same floor area, and shall be of. a type construction, quality
22 and design equivalent to LESSOR'S existing trash enclosure. The new
23 enclosure, upon completion, shall become property of LESSOR.
E.NAN,T shall construct said storage /maintenance facility and trash enclo-
24 ure in strict compliance with the designs, plans and specifications which.
re ,attached hereto and by reference made a part hereof as Exhibit C.
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rior to construction TENANT shall obtain all required construction
26 ermits including but not limited to those oermits which may be required
27 y the California Coastal Zone Conservation Commission.
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?}.UILT" PLANS AND CONSTRUCTION COSTS (MD5.1 S)
2 .Within 60 days fo1110wirn completion of TE'P;ISNT- required construction,
TENANT shall furnish LESSOP a complete set of regroducibles and two sets
3 of prints of "AS- Built" olans. 1w addition, TENANT. Shall furnish LtiSSOR.
an itemized statement of the actual construction costs. The statement
4 of cost shall be sworn to and signed by TENANT or his ri�snonsiale agent
under penalty of perjury. TENANT must obtain LESSOR approval of
5 "As- Built" Plans.
I
6 9. 0,�JNIF;PSNIP UPON TERMINATION (N)
7 Upon ter!nlnatlon of thi1P lease, includiriig early termination pursuant to
Clause 5 (TER^5I'NA'TIO.,� 3Y LESSOR) , all TFOANT- constructed improvements on
8 the Demised PremiS °s shall 5e:ome the proeerty of LESSOR.
9
10. MAINTENANCE OBLIGATI'?P'.S OF TF A2•" (mr2.2 S)
10
TENANT agrees to maintain t',e Demised premises and all improve ments con -
11 structed thereon in good order and repair, and to keep said premises in
a neat, clean, orderly, safe, and Sanitary condition. This includes,
12 but is not limited to, the prevention of accumulation of any refuse or
waste materials which mi,jht constitute a fire hazard or a public or
13 private nuisance. Failure of TENANT to properly maintain and repair the
Demised Premises shall constitute a breach of the terms of this Lease.
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15 11. UTILITIES (MEI.1 S)
16 TENANT assumes all obligation to insure that adequate utility service is
supplied to the Demised Premises. All utilities supplied to the Demised
17 Premises shall be metered separately from the utilities supplied to
LFSSOP.'S adjacent .facilities.
18 TENANT shall be responsible for all costs relating to the installation
19 of utility service to the Demised Premises, and shall pay, prior to delin-
quency date, all charges for utilities suoPlied to the Demised Premises.
20
21 12. MAJOR REPAIRS, RECONSTRUCTION AND ALTERATION (7)
22 Before commencing any major repairs, reconstruction or alteration to the
storage /maintenance facility, TENANT shall submit to LESSOR'S Director of
23 Environmental :"anagement Agency a set of designs, plans and specifications.
LESSOR'S Director of Environmental Manaaement Agency shall have 36 days to
24 review said designs, plans and specifications followina receipt of same
from TENANT. LESSOR'S Director of Environmental Management Agency shall
25 not unreasonably disapprove said designs, plans and specifications.
Approval or disapproval shall be communicated in writing by LESSOR'S
26 Director of Environmental Management Agency to TENANT. disapproval. shall
e accompanied by adequate reasons for such disapproval. Failure to dis-
27 approve within the time limits previously set forth shall be construed
by TENANT as approval of said designs, plans, and specifications.
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2 T-FNANIT agrees to Pccce-t the ne'mlrled
. Pr-�.-i. in an "as is" condition and
shall indemnify and save 8:'LE-
its officers, agents, and a--
3 ployees, from and against any and all cl_�iim.s, demands, loss, legal and
investigation exnenses, or liability of any kind or nature whic1h, LESSOR.,
4 its officers, agents, anti employees may sustain or incur or which may be
h
imnosed upon them or any of em for injury to or death of persons, or
5 nama-,e to property as a result o;�,.,a ising,out of, or in anv ln»nnmr con-
nected with this Lease or with occuIP1161cy and ?use of the Demised Premises
6 by TE�IANT, its officers, agents, emnlovees, subtenants, licensees,
patrons, or visitors.
7
14. (MU5.1 S)
8 TENANT shall maintain insurance accentable to LESS0 OR in full force and
9 effect throughout the term; of this Lease. The policy or policies of
insurance -hall name as an additional insured and the entire
10 limits of liability maintained shall he certified, but in no event shall
tbev be less than the amounts snecified:
11 A. CoJI.r.1rehensive Public Lial)ility:
12 (1) $5001,1000 bodily injury, each Per7on;
13 (2) $1,000,000 bodily injury, each occurrence.; and
(3) $150,000 property damage.
14 B. Fire and Extended Coverage: Not less than 90% of the cost of
within the Demise,! Premi,;es.
15 repla
Water damage and debris cleanup provisions snall be included.
16
Insurance shall be in force the first day of the term of this Lase.
17 Additional fire insurance in the amount stated above shall he in force
upon the date of completion of construction or installation of each ailajor
18 insurable improvement by TENIAT,!T.
19 Each policy of insurance shall contain the following clauses:
20 "IT IS AGREED THAT THIS POLICY SHALL NOT BE CANCELLED NO VtiE
COVERAGE REDUCED UNTIL THIRTY DAYS AFTER GSA/REAL FST.Alr,, DIVI53!0`1,
21 COUNTY OF ORANGE, SHALL HAVE RECEIVED 4RIT•E-114 NOTICF, ()F 3oC'i CAN-
'ELLATION OR REDUCTTON. THE NOTICE SHALL BF. SENT F�Y S�' IF17D, 1AIL
C A C 1. RT :CIF I7
22 OR PEGISTEPED MAIL AND SHALL BE DEEMED EFFECTIVE THE DATE
AS EVIDENCED 9Y PROPEPLY VALIDATIEED RUTUR-M RECEIPT."
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"THE INCLUSION HEREIN OF ANY PFRF.,Dfq OP M-f' =Y AS AN INSURED SHAUL
24 NOT AFFECT ANY 7,,.IGqT SUCR PF,'MSON Of! ENTITY WOLILD 'q,\VF AtS A CL�umAlq,t
HEREUODER IF NOT SO
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TE,'',%NT agrees to leposit with LESSOR, at or before the times. at
26 reauired to be in effect, certificates of insurance neces-sary to satisf-v
LES.-;O-IR that insurance provisions of this 7.ea e have bc�n
27 and to keep such insurance in effect and the certificates therefor on
deposit --Sit with LESSOR durinq the entire t°rm of this Lease.
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1 LESSOR shall retain the right at any time to review the coverage, form,
and amount of the insurance required hereby. If, in the opinion of
2 LESSOR, the insurance provisions in this Lease do not provide adequate
Protection for LESSOR and for m4ft bers of the public using the Demised
3 Premises, LES130TZmay require TENANT to obtain insurance sufficient in
coveraae, .four,, and amount to provide adequate protection. LESSOR's
4 requirements shall be reasonable but shall be designed to assure protec-
tion frog. and against the kind and extent of the risks which exist at
5 the time a change in insurance is required.
6 LESSOR shall notify TENAAiq in writ.inq of changes in the insurance
requirements; and if `717,JrNIT 3oes not da -osit copies of acceptable
7 insurance policies with LF93OR incorporating such changes within
sixty days of recei.nt of such notice, this Lease shall be in default
8
without further notice to TENANT, and L%:JSOR shall to entitled to all
9 legal remedies.
The procuring of such required rol'icv or policies of insurance shall
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not be construed to limit TEF:ANT'S liability hereunder nor to fulfill
the indemnification provisions anti reC7uirei ^e.nts of this Lease.. Not -
11 withstanding said policy or Policies of insurance, 'TENANT shall be
obligated for the full and total a•r.ount of. any damage, injurv, or
12 loss caused by negligence or neglect connected with this Lease or with
13 use or occupancy of the Demised .Premises.
14 15. DAMAGE TO OR DESTRUCTION OF IMPROVENIFNTS ( ME4. 1 S)
15 in the event of damage to or destruction of TENANT- constructed improve-
ments located within the Demised Premises or in the event TENANT-
16 constructed improvements located within the Demised Premises are declared
unsafe or unfit for use or occupancy by a public entity with the
17
authority to make and enforce such declaration, TENANT shall, within 30
days, commence and diligently pursue to completion the repair, renlace-
18
?;ient, or reconstruction of improvements necessary to r..ermit full use and
occupancy of the Demised Premises for the purposes required by this
19
Lease, Repair, renlacemen.t, or reconstruction of improvements within
the Demised Premises shall be accomplished in a manner and accorfinq to
20 plans approved by FMA.
21
22 16. ASSIGNING, SUBLETTING, AND EtiCUMBSRING PROHIBITED (`F7.3 S-)
Any mortgeae, pledge, hypothecation, encumbrance, transfer, sublease, or
23 assignment (hereinafter in this clause referred to collectively as "Encum-
24 brance ") of TENANT'S interest. in the Demised Premises, or any ^art or
Portion thereof is prohibited. Anv attempted Encumbrance shall be null
25 1 and void and shall confer no right, title, or interest in or to this Lease.
If the TENANT hereunder is a corporation or an unincorporated association
26 or partner=hip, the Encumbrance of any stock or interest in said corpora -
27 tion, association, or partnershir_ in the aggregate exceeding twenty -five 11
percent (25 %) shall be deemed an assiqnment within the meaning of this
clause.
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17. NCTICF.S (mF'.1 ..3)
All notices pursuant to this Lease shall be addressed as set fort' below
or as either tarty may hereafter designate by written notice and shall be
be sent through the IInited States mail.
TO: LESSOR TO: TEN MTr
and
County of Orange
EMA /Development rivision.
P. 0. Sox 1073
Santa Ana, CA 92707
County of Orange
GSA /.Real Estate Division
P. 0. Box 4106
Santa Ana, California 32702
City of ?aewport Beach
Marine Department
3300 Newport soulevar.d
Newport Beach, CA 92650
19. ATTACRYIENTS '10 LEASE: (:MF9.1 5)
This Lease includes the following, which are attached hereto aad �::ade
a -"art hereof:
A. GENTERAL CONDITIONS
B. EXHIBITS: A - Legal Description
B — Plot Plan
C - Plans and Specifications
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IN WIT'aFcg WT.: ?EFL'OE, the varties have executed this Lease the day first
above written.
ATTFST:
ti�v��
Ju e Alexan er
Clerk of the Board of T- upervisors
of Cr3n--Te County, California'
APPROVED A,9 TC,
County Counsel
By WAL-.L i '� U. HY E-31 E 51
PECC3i F_,'?iTc.D FOUR APFROVA.? :
Environmental Management Agency
y LARRY LEAMA11t
PECOMU NDED FOR APPROVAL:
General Services Agency
Facilities & Real Property
Architect /Engineer Division
DOUGLAS BEETHAM
ry
Facilities & Real Property
Peal Estate Division
By
Py
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12.017
LESSOR
COUNTY
CITY OF NEWPORT PEACH
By
&y,_ -- __ _-
.L
L�
W
I. GENERAL CONDITIONS (MG1 -24 N)
1. DEFINITION OF "LESSOR" (MG1 S)
The term "LESSOR" shall mean the Board of Supervisors of the political
body which executed this agreement or its authorized representative.
2. TIME (MG2 S)
Time is of the essence of this Lease.
3. SIGNS (MG3 S)
TENANT agrees not to construct, maintain, or allow any sign upon the
Demised Premises except as approved by LESSOR. Unapproved signs, banners,
flags, etc., may be removed by LESSOR.
4. PERMITS AND LICENSES (MG4 S)
TENANT shall be required to obtain anv and all permits and /or licenses
which may be required in connection with the operation of the Demised
Premises as set out herein.
5. LEASE ORGANIZATION (MG6 S)
The various headings and numbers herein, the grouping of provisions of
this Lease into sep arate clauses and paragraphs, and the organization
hereof, are for the purpose of convenience only and shall not be consid-
ered otherwise.
6. AMENDMENTS (MG7 S)
This Lease sets forth all of the agreements and understandings of the
parties and any modification must be written and properly executed by
both parties.
7. UNLAWFUL USE (MG8 S)
TENANT agrees no improvements shall be erected, placed upon, operated,
nor maintained within the Demised Premises, nor any business conducted
or carried on therein or therefrom, in violation of the terms of this
Lease, or of any regulation, order of law, statute, bylaw, or ordinance
of a governmental agency having jurisdiction.
GDS /SS
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4.227
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of any remedy for the subsequent breach or default of any term, covenant,
or condition of the Lease.
15. DEFAULT IN TERMS OF THE LEASE BY TENANT (MG17 S)
Should TENANT default in the performance of any covenant, condition, or
agreement contained in this Lease and such default is not corrected
within a reasonable time (as determined by LESSOR) after TENANT receives
written notice of default from LESSOR, LESSOR may:
A. Terminate this Lease. All rights of TENANT and those who claim
under TENANT, stemming from this Lease, shall end at the time of such
termination; or
B. At LESSOR'S sole option, cure any such default by performance of
any act, including payment of money, and add the cost thereof, plus
reasonable administrative costs, to the rent.
16. COSTS OF SUSTAINING AN ACTION FOR BREACH OR DEFAULT (MG18 S)
In the event either LESSOR or TENANT commences legal action against the
the other claiming a breach or default of this Lease, the prevailing
party in such litigation shall be entitled to recover from the other
costs of sustaining such action, including reasonable attorney fees, as
may be fixed by the Court.
17. RESERVATIONS TO LESSOR (MG19 S)
The Demised Premises are accepted as is and where is by TENANT subject to
any and all existing easements and encumbrances. LESSOR reserves the
right to install, lay, construct, maintain, repair, and operate such
sanitary sewers, drains, storm water sewers, pipelines, manholes, and
connections; water, oil, and gas pipelines; telephone and telegraph power
lines; and the appliances and.appurtenances necessary or convenient in
connection therewith, in, over, upon, through, across, and along the
Demised Premises or any part thereof, and to enter _t.e Demised Premises
for any and all such purposes. LESSOR also reserves the right to grant
franchises, easements, rights of way, and permits in, over, upon, through,
across, and along any and all portions of the Demised Premises. No right
reserved by LESSOR in this clause shall be so exercised as to interfere
unreasonably with TENANT`S operations hereunder or to impair the security
of any secured creditor of TENANT.
LESSOR agrees that rights granted to third parties by reason of this
clause shall contain provisions that the surface of the land shall be
restored as nearly as practicable to its original condition upon the
completion of any construction. LESSOR further agrees that should the
exercise of these rights temporarily interfere with the use of any or all
of the Demised Premises by TENANT, the rental shall be reduced in propor-
tion to the interference with TENANT's use of the Demised Premises.
18. HOLDING OVER (MG20 S)
In the event TENANT shall continue in possession of the Demised Premises
after the term of this Lease, such possession shall not be considered a
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renewal of this Lease but a tenancy from month to month and shall be
governed by the conditions and covenants contained in this Lease.
19. DISPOSITION OF ABANDONED PERSONAL PROPERTY (MG22 S)
If TENANT abandons the Demised Premises or is dispossessed thereof by
process of law or otherwise, title to any personal property belonging to
TENANT and left on the Demised Premises 45 days after such abandonment or
dispossession shall be deemed to have been transferred to LESSOR. LESSOR
shall have the right to remove and to dispose of such property without
liability therefor to TENANT or to any person claiming under TENANT, and
shall have no need to account therefor.
20. QUITCLAIM OF TENANT'S INTEREST UPON TERMINATION (MG23 S)
Upon termination of this Lease for any reason, including but not limited
to termination because of default by TENANT, TENANT shall execute,
acknowledge, and deliver to LESSOR, within 30 days after receipt of
written demand therefor, a good and sufficient deed whereby all right,
title, and interest of TENANT in the Demised Premises is quitclaimed to
LESSOR. Should TENANT fail or refuse to deliver the required deed to
LESSOR, LESSOR may prepare and record a notice reciting the failure of
TENANT to execute, acknowledge, and deliver such deed and said notice
shall be conclusive evidence of the termination of this Lease and of all
right of TENANT or those claiming under TENANT in and to the Demised
Premises.
21. LESSOR'S RIGHT TO RE -ENTER (MG24 S)
TENANT agrees to yield and peaceably deliver possession of the Demised
Premises to LESSOR on the date of termination of this Lease, whatsoever
the reason for such termination.
Upon giving written notice of termination to TENANT, LESSOR shall have
the right to re -enter and take possession of the Demised Premises on the
date such termination becomes effective without further notice of any
kind and without institution of summary or regular legal proceedings.
Termination of the Lease and re -entry of the Demised Premises by LESSOR
shall in no way alter or diminish any obligation of TENANT under the
lease terms and shall not constitute an acceptance or surrender.
TENANT waives any and all right of red <amption under any existing or
future law or statute in the event of eviction from or dispossession
of the Demised Premises for any reason or in the event LESSOR re- enters
and takes possession of the Demised Premises in a lawful manner.
TENANT agrees that should the manner or method employed by LESSOR in
re- entering or taking possession of the Demised Premises give TENANT a
cause of action for damages or in forcible entry and detainer, the total
amount of damages to which TENANT shall be entitled in any such action
shall be One Dollar. TENANT agrees that this clause may be filed in any
such action and that when filed, it shall be a stipulation of TENANT fix-
ing the total damages to which TENANT is entitled in such ar. action.
GDS /so
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5.037
PROJECT:
Lower Newport
Bay
DATE: April 12, 1977
ESTATE:
Leasehold
WRITTEN: C.A.C.
CHECKED: R.L.L.
PROJECT
NO. PM 1002
PARCEL NO. 30
That portion of Orange County Tidelands in Lower Newport Bay, City of
Newport Beach, County of Orange, state of California, as shown cross- hatched
on a Plot Plan attached hereto and made a part hereof.
h
la ei:UVED:,
HAROLD I. SCOTT
Right of Vlay Engineer
VJ. H. TALLEY
Registered Civil Engineer
Certificate No. 16799
EXHIBIT A
B. NONDISCRIMINATION (MG9 S)
TENANT agrees not to discriminate against any person or class of persons
by reason of sex, race, color, creed, or national origin. TENANT shall
make its accommodations and services available to the public on fair and
reasonable terms.
9. INSPECTION (MG10 S)
LESSOR or its authorized representative shall have the right at all
reasonable times to inspect the Demised Premises to determine if the
provisions of this Lease are being complied with.
10. TAXES AND ASSESSMENTS (MG12 S)
All taxes and assessments which become due and payable upon the Demised
Premises or upon fixtures, equipment, or other property installed or con-
structed thereon, shall be the full responsibility of TENANT, and TENANT
shall cause said taxes and assessments to be paid promptly.
11. SUCCESSORS IN INTEREST (MG13 S)
Unless otherwise provided in this Lease, the terms, covenants, and condi-
tions.contained herein shall apply to and bind the heirs, successors,
executors, administrators, and assigns of all the parties hereto, all of
whom shall be jointly and severally liable hereunder.
12. CIRCUMSTANCES WHICH EXCUSE PERFORMANCE (MG14 S)
If either party hereto shall be delayed or prevented from the performance
of any act required hereunder by reason of acts of God, restrictive
governmental laws or regulations, or other cause without fault and beyond
the control of the party obligated (financial inability excepted), per-
formance of such act shall be excused for the period of the delay and the
period for the performance of any such act shall be extended for a period
equivalent to the period of such delay. However, nothing in this clause
shall excuse TENANT from the prompt payment of any rental or other charge
required of TENANT, except as may be expressly provided elsewhere in this
Lease.
13. PARTIAL INVALIDITY (MG15 S)
If any term, covenant, condition, or provision of this Lease is held by
a court of competent jurisdiction to be invalid, void, or unenforceable,
the remainder of the provisions hereof shall remain in full force and
effect and shall in no way be affected, impaired, or invalidated thereby.
14. WAIVER OF RIGHTS (MG16 S)
The failure of LESSOR or TENANT to insist upon strict performance of any
of the terms, covenants, or conditions of this Lease shall not be deemed
a waiver of any right or remedy that LESSOR or TENANT may have, and shall
not be deemed a waiver of the right to require strict performance of all
the terms, covenants, and conditions of the Lease thereafter, nor a waiver
GDS /so
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5.037
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EXHIBIT B
EXHIBIT C
OUNTV O*C:) RANGE
GENERAL SERVICES AGENCY
FACILITIES & REAL PROPERTY
REAL ESTATE DIVISION
GEORGE H. CORMACK, MANAGER
400 CIVIC CENTER DR. WEST
P.O. BOX 4106
G -7800 SANTA ANA, CA 92702
V (714) 834 -2550
March 29, 1978
PM 1002 -30
Lower Newport Bay
David Harshbarger
Marine Director
Marine Department
City of Newport Beach
City Hall
3300 Newport Boulevard
Newport Beach, California 92663
T, R. EGAN
DIRECTOR
STANLEY KRAUSE
ASSISTANT DIRECTOR
Dave, enclosed is an executed copy of the Lease between
The City of Newport Beach and the County of Orange. Also
enclosed is a copy of the Minute Order dated March 14, 1978
authorizing execution of the document.
Please contact me prior to beginning construction. The lease
term commences April 1, 1978•
Richard L. Acker
Property Management Section
RLA:PH
Enclosure - Lease & Minute Order
cc: Larry Leaman, EMA /Recreation & Open Space
MINUTES OF THE BOARD OF SUPENV;SCRS
OF CCU TY, CALF` JF Ai'!! \
March 14, 1973
IN RE: REPORT FEi?SIBILIT`Z OF FUNDING HA_;DICAEPED PROJECTS FRO:i
HUD GRAN'i FUNDS ENVIRONMENTAL ._...`AGEMENT AGENCY
On motion of Supervisor D1edcich, duly seconded and carried
o n the following roll call, consideration of the feasibility of funding
handicapped projoen from HUD Grant funds is hold for the budget cycle.
AYES: SUPERVISORS PAL P i A. DILD R ICI, R6IPt ;. CLARK AND LAUaENCE
SCIN if
NOES: SUPERVISORS PHILIP L. ANTHONY AND THOMAS F. RILEY
ABSENT: SIP ERVISORS NONE
IS RE: LEASE LOWER. NEWPORT BAY CITY OF NEWPORT BEACIi
On motion of Supervisor Clark, duly seconded and unantmously
carried, the Chairman and the Clerk are authorized to sign the Lease,
dated March 14, 1978, between the County of Orange and the City of
Newport Beach allowing the City to develop a marine safety storage.
ma Cntenance facility at Newport Harbor. Patrol Headquarters. PM 1002 -90
40
40
RECEIVED
Y OF ORANGE
G`iA j RNo! Estate Division
MAR 2 1978
AM PM
7i8t9il0,liil2ili2A4A6
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CITY OFi NEWPORT B; AC11
February 14, 1973
1r. Richard L. Acker
Real Property Agent
County of Orange
General Services Agency
400 Civic Center Drive West
Santa Ana, CA 92702
Dear for. Acker:
The City Council authorized that the Mayor and City Clerk to
execute the Lease that was prepared for the City of Newport
Beach regarding the shop /garage storage space at 1901 Bayside
Drive. The City Clerk will return the original and two copies
of the Lease to you when she has the Mayor's signature.
Thank you for your time and efforts in preparing the finalized
Lease document.
I would hope that these documents can be submitted to the
Board of Supervisors very soon so that the City can get
started on the actual construction work prior to the end of
the fiscal year. Again, thank you for your help.
Respectfully,
David Harshbarger
Marine Director
Marine Department
DH: 11
✓Ec: City Clerk
City Hall • 3300 Newport Botdcvard, Nc +vport Beach, California 926'U"'
" � M
FEB 13 1978
By tho CITY COUNCIL
CITY pi NWypRF ML*A9
February 13, 1978
MARINE DEPARTMENT
TO: MAYOR AND CITY COUNCIL
FROM: Marine Department
N
ITEM NO.:
C
H -2(b)
SUBJECT: LEASE EXECUTION BETWEEN THE CITY OF NEWPORT BEACH AND THE COUNTY
OF ORANGE - MARINE DEPARTMENT SHOP /GARAGE STRUCTURE ON COUNTY
HARBOR DISTRICT PROPETY - CAPITAL IMPROVEMENT PROJECT #02- 2295 -116
Recommendation
If desired, adopt Resolution authorizing the Mayor and City Clerk to
execute the attached lease between the City of Newport Beach and the County
of Orange Harbors, Beaches and Parks District, leasing the ground for the
construction of a Marine Department Shop /Garage structure on the Harbor
District property.
Discussion
The City Council, on October 11, 1977, approved in concept a draft lease for
the subject capital improvement project. The draft lease has been changed
slightly by the County of Orange, General Services Agency, Real Estate Division.
A copy of the finalized lease is attached. County staff have requested formal
action by the City Council on the lease prior to final submittal to the Board
of Supervisors for signature.
The Board of Supervisors, on March 1, 1977, reviewed the proposed project and
have given their approval in concept.
The draft lease agreement reviewed by the City Council on October 11, 1977 has
been changed slightly. The following clauses have been changed or added:
Clause 3 (LIMITATION OF LEASEHOLD) Summary of change - notes that the
rights and privileges granted to the City are subject to all CC &R's
involving those set out by the State Tideland Grant to the County of
Orange (Chapter 415, Statutes of 19751 State of California).
Clause 6 (CONSIDERATION) Summary of change - allows the City rent free
space in consideration for City marine safety service assistance in
search and rescue operations when city lifeguard personnel are available.
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PAGE TWO
FEBRUARY 13, 1978
LEASE AGREEMENT - SHOP/GARAGE
Clause 9 (OWNERSHIP UPON TERMINATION) Summary of addition - upon termination
of the lease (10 years) or earlier if County needs the space. the improve-
ments become the property of the County.
Clause 13 (INDEMNIFICATION) Summary of change - City agrees to accept the
property in an "as is" condition .... and hold the County harmless from
claims arising out of the City's use of the property.
The City staff anticipates County execution of the lease by the end of February.
It is anticipated that improvements can begin on the subject site just prior to
the end of the 1977 -78 fiscal year.
f� �idiCt �1 ti�
D. Harshbarger, Director
Marine Department
DH: II
Attachments:
1. Lease
2. City Staff Report October 11, 1977
FEB 13 1978
BY the CITY COUNCIL RESOLUTION NO. 9274
CITY OF NeW►ORT MACt,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE A LEASE BETWEEN THE CITY
OF NEWPORT BEACH AND THE COUNTY OF ORANGE
HARBOR, BEACHES AND PARKS DISTRICT IN CONNEC-
TION WITH LEASING THE CITY GROUND FOR CONSTRUC-
TION OF THE MARINE DEPARTMENT SHOP /GARAGE
STRUCTURE ON HARBOR DISTRICT PROPERTY
WHEREAS, there has been presented to the City Council
of the City of Newport Beach a certain lease between the
City of Newport Beach and the County of Orange Harbor, Beaches
and Parks District in connection with leasing the City ground
for construction of the Marine Department shop /garage structure
on Harbor District property; and
WHEREAS, the City Council has reviewed the terms and
conditions of said lease and finds them to be satisfactory and
that it would be in the best interest of the City to authorize
the Mayor and City Clerk to execute said lease;
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Newport Beach that said lease above described
is hereby approved, and the Mayor and City Clerk are authorized
and directed to execute the same on behalf of the City of
Newport Beach.
ADOPTED this 13th day of February , 1978.
yor
ATTEST:
City Clerk
DDO /bc
2 /S /78
MARINE DEPARTMENT
October 11, 1977 ITEM NO
TO: MAYOR AND CITY COUNCIL
G -5
FROM: Marine Department
SUBJECT: PROPOSED LEASE BETWEEN THE CITY OF NEWPORT BEACH AND THE
COUNTY OF ORANGE FOR THE CONSTRUCTION OF A SMALL SHOP -
GARAGE BUILDING ON COUNTY HARBOR DISTRICT PROPERTY LOCATED
AT 1901 BAYSIDE DRIVE, NEWPORT BEACH
Recommendation
If desired, approve the draft lease and make a finding that the proposed
structure is in conformance with the City's General Plan.
Background
The City Council in the 1976 -77 Fiscal Budget approved a Capital Improvement
Project for the construction of a 528 square foot shop - garage building to be
located on the Harbor District property at 1901 Bayside Drive.
The purpose of this shop - garage building is to provide Marine Safety Rescue
Boat personnel a shop and storage space from which to operate and maintain the
department's rescue vessels. Since 1958, the Marine Department's maintenance
equipment for the rescue boats has been stored on the patrol boats, in storage
lockers placed on the docks and in the parking lot, and personal vehicles
belonging to the rescue boat staff. Rescue boat personnel, when not on patrol
or in inclement weather take shelter in various Harbor Department maintenance
shops or offices. This practice has been disruptive to both County staff as
well as City staff. In addition, the proposed shop - garage facility will house
a City lifeguard jeep during the nighttime. This vehicle is currently parked
outside and unprotected.
w. The Board of Supervisors, on March 1, 1977, reviewed the proposed City facility
on Harbor District property and gave an approval in concept subject to an
affirmative recommendation of the Joint Harbor Committee. In addition, they
authorized their General Services Agency, Real Estate Division to prepare a
draft lease agreement.
The Joint Harbor Committee, on March 22, 1977, reviewed the proposed building
addition and recommended that the County lease the City ground space for the
w
SUBJECT: PROPOSED LEASE BETWEEN CITY OF NEWPORT BEACH AND COUNTY
OF ORANGE
proposed construction.
Subsequent to the Joint Harbor Committee recommendation, City staff has prepared
plans and specifications for the proposed structure. These plans must be
approved by the County prior to the execution of the lease. The County has
asked that the draft lease agreement also be reviewed by the City and that a
finding be made that the proposed lease, in accordance with Government
Code 65402, and has been determined to be in conformance with the City's
General Plan.
The proposed lease (attached) is a standard form County lease. The lease, in
summary, provides:
1. Ground Space for the City to construct a 528 square foot shop - garage.
2. Cost - Rent free
3. Term - 10 years
4. Termination - Lessor may terminate upon 40 days written notice, in the
event the Lessor should require space for future expansion.
5. Utilities - City supply separate electrical meter.
6. Insurance, Assigning and Maintenance - Standard provisions.
41-2/14"41 lc�
D. Harshbargerr, Director
Marine Department
DH: 11
Attachment
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i
OUNTY OF RANGE
GENERAL SERVICES AGENCY
`\( FACILITIES & REAL PROPERTY
rJ
REAL ESTATE DIVISION
GEORGEH.CORMACK,MANAGER
400 CIVIC CENTER DR. WEST
P.O. BOX 4106
SANTA ANA, CA 92702
May 26, 1977 (714)934 -2550
PM 1002 -30
Lower Newport Bay
Mr. Dave Harshbarger, Director
Marine Department
City of Newport Beach
330 Newport Boulevard
Newport Beach, California 92660
DIRECTOR
STANLEY KRAUSE
ASSISTANT DIRECTOR
SUBJECT: PROPOSED LEASE BETWEEN THE CITY OF NEWPORT BEACH
AND THE COUNTY OF ORANGE AT COUNTY HARBOR PATROL
HEADQUARTERS, 1901 BAYSIDE DRIVE, NEWPORT BEACH
Dave, as we previously discussed, I need a complete set of
designs, plans, and specifications relating to the construc-
tion of the City's proposed shop /garage to be located at
County Harbor Patrol Headquarters. These plans must be
approved by the County prior to the execution of the Lease.
In addition, I will need a written statement indicating that
the City has reviewed the proposed Lease in accordance with
Government Code 65402 and has determined that the lease is
in conformance with the City's General Plan.
Enclosed is a draft copy of the subject Lease for review by
you and your staff. I would appreciate your comments and
suggestions relating to this document as soon as possible.
Thank you for the assistance which your office has already
provided me in preparing this document. If you have any
questions or desire further information, please do not hesi-
tatelto call me at 844-2550.
Ga Smith
P ty Management Section
GDS /afa
Enc.
CC: Larry Leaman, Manager, EMA /Recreation Programs
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DRAFT - SU63JECIf -f0 CHANGE
PM 1002 -30
Lower Newport Bay
LEASE
Z.,
THIS IS A LEASE, made this day of , 19 , by and between
the COUNTY OF ORANGE, a body corporate anic, Hereinafter
referred to as "LESSOR ", and the CITY OF NEWPORT BEACH, a body corporate
and politic, hereinafter referred to as "TENANT ", without regard to
number and gender.
I. DEMISED PREMISES (MA3.1 S)
LESSOR leases to TENANT that certain property hereinafter referred to
as "Demised Premises ", described in "Exhibit A" and shown on "Exhibit B ",
which exhibits are attached hereto and by reference made a part hereof;
together with the non - exclusive use of LESSOR'S adjacent parking area,
also shown on Exhibit B.
2. USE
LESSOR leases to TENANT and TENANT hires from LESSOR the Demised Premises
for the purpose of constructing a storage /maintenance facility which shay
be used by TENANT to store and maintain supplies and equipment used oy
TENANT in conjunction with TENANT'S marine safety activities.
3. LIMITATION OF THE LEASEHOLD (MA5.1 S)
This Lease and the rights and privileges granted TENANT in and to the
Demised Premises are subject to all covenants, conditions, testrictions,
and exceptions of record or apparent, inclu3inq those which are set out
in the Tideland Grant by the State of California to the County of Orange
(Statutes of 1919, page 1138, Chapter 526 as amended by statutes of 1929,
page 979, Chapter 575; State of California). Nothing contained in this
Lease or in any document related hereto shall be construed to imply the
convevance to TENANT of rights in the Demised Premises which exceed
those owned by LESSOR.
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1 4. TERM (MB2.1 S)
2� The term of this Lease shall be ten (10) years, commencing the first day
of the first full calendar month following the date of execution of the
3 agreement by LESSOR.
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5. TERMINATION BY LESSOR
5
In the event LESSOR should require the Demised Premises in connection
6 with the future expansion and /or operation of LESSOR'S Harbor Patrol
Facility, LESSOR may, at any time upon 90 days written notice, terminate
7 this Lease.
8
6. CONSIDERATION
9
In consideration of the aid and assistance which TENANT provides LESSOR
10 in the performance of LESSOR'S Harbor Patrol activities, TENANT'S use
of the Demised Premises shall be rent -free.
11
12 7. TENANT REQUIRED CONSTRUCTION
13 TENANT, at no expense or cost to LESSOR, shall cause to be designed and
constructed on the Demised Premises a storage /maintenance facility
14 containing approximately 526 square feet of floor area. Said facility
shall be constructed in such a way that it will connect to and become an
15 extension of LESSOR'S existing storage shelter which is located directly
adjacent to the Demised Premises, as indicated on Exhibit B. TENANT'S
16 storage /maintenance facility shall be of a type construction, quality
17 and design equivalent to LESSOR'S existing storage shelter.
TENANT acknowledges that TENANT'S construction of the storage /maintenance
18 facility will require the relocation of LESSOR'S existing trash enclosure
19 which is located within the Demised Premises.
TENANT hereby agrees, at no expense or cost to LESSOR, to relocate said
20 trash enclosure to the area directly adjacent to the Demised Premises as
indicated on Exhibit B. Once relocated the new trash enclosure shall
21 contain the same floor area, and shall be of a type construction, quality
221 and design equivalent to LESSOR'S existing'trash enclosure. The new
enclosure, upon completion, shall become property of LESSOR.
I
23 TENANT shall construct said storage /maintenance facility and trash enclo-
sure in strict compliance with the designs, plans and specifications whicl
241 are attached hereto and by reference made a part hereof as Exhibit C.
25 Prior to construction TENANT shall obtain all required construction
26 permits including but not limited to those permits which may be required
by the California Coastal Zone Conservation Commission.
271 GDS /so
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8. "AS BUILT" PLANS AND CONSTRUCTION COSTS (MD5.1 S)
L
Within 60 days following completion of TENANT- required construction,
TENANT shall furnish LESSOR a complete set of reproducibles and two sets
of prints of "As- Built" plans. In addition, TENANT shall furnish LESSOR
an itemized statement of the actual construction costs. The statement
of cost shall be sworn to and signed by TENANT or his responsible agent
under penalty of perjury. TENANT must obtain LESSOR approval of
"As- Built" plans.
9. MAINTENANCE OBLIGATIONS OF TENANT (ME2.2 S)
TENANT agrees to maintain the Demised Premises and all improvements con-
structed thereon in good order and repair, and to keep said premises in
a neat, clean, orderly, safe, and sanitary condition. This includes,
but is not limited to, the prevention of accumulation of any refuse or
waste materials which might constitute a fire hazard or a public or
private nuisance. Failure of TENANT to properly maintain and repair the
Demised Premises shall constitute a breach of the terms of this Lease.
10. UTILITIES (NE1.1 S)
TENANT assumes all obligation to insure that adequate utility service is
supplied to the Demised Premises. All utilities supplied to the Demised
Premises shall be metered separately from the utilities supplied to
LESSOR'S adjacent facilities.
TENANT shall be responsible for all costs relating to the installation
of utility service to the Demised Premises, and shall pay, prior to
delinquency date, all charges for utilities supplied to the Demised
Premises.
11. MAJOR REPAIRS, RECONSTRUCTION AND ALTERATION
Before commencing any major repairs, reconstruction or alteration to
the storage /maintenance facility, TENANT shall submit to LESSOR a set of
designs, plans and specifications. LESSOR shall have 30 days to review
said designs, plans and specifications following receipt of same from
TEN.I NIT . LESSOR shall not unreasonably disapprove said designs, plans and
specifications. Approval or disapproval shall be communicated in writing
by LESSOR to TENANT. Disapproval shall be accompanied by adequate reason'.
for such disapproval. Failure to disapprove within the time limits
previously set forth shall be construed by TENANT as approval of said
designs, plans and specifications.
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12. INDEMNIFICATION
TENANT shall indemnify and save harmless LESSOR, its officers, agents
and employees from and against any and all claims, demands, loss, or
liabilities of any kind or nature which LESSOR, its officers, agents and
employees may sustain or incur or which may be imposed upon them or any
of them for injury to or death of persons or damage to property as a
result of, or arising out of the sole negligence of TENANT, its officers,
agents, employees, subtenants, licensees, patrons, or visitors, in
connection with the occupancy and use of the Demised Premises by TENANT.
13. INSURANCE (ME5.1 S)
TENANT shall maintain insurance acceptable to LESSOR in full force and
effect throughout the term of this Lease. The policy or policies of
insurance shall name LESSOR as an additional, insured and the entire
limits of liability maintained shall be certified, but in no event shall
they be less than the amounts specified:
A. Comprehensive Public Liability:
(1) $500,000 bodily injury, each person;
(2) $1,000,000 bodily injury, each occurrence; and
(3) $150,000 property damage.
B. Fire and Extended Coverage: Not less than 908 of the cost of
replacement of all insura e improvements within the Demised Premises,
Water damage and debris cleanup provisions shall be included.
Insurance shall be in force the first day of the term of this Lease.
Additional fire insurance in the amount stated above shall be in force
upon the date of completion of construction or installation of each major
insurable improvement by TENANT.
Each policy of insurance shall contain the following clauses:
"IT IS AGREED THAT THIS POLICY SHALL NOT BE CANCELLED NOR THE
COVERAGE REDUCED UNTIL THIRTY DAYS AFTER GSA /REAL ESTATE DIVISION,
COUNTY OF ORANGE, SHALL HAVE RECEIVED WRITTEN NOTICE OF SUCH CAN-
CELLATION OR REDUCTION. THE NOTICE SHALL BE SENT BY CERTIFIED MAIL
OR REGISTERED MAIL AND SHALL BE DEEMED EFFECTIVE THE DATE DELIVERED,
AS EVIDENCED BY PROPERLY VALIDATED RETURN RECEIPT."
"THE INCLUSION HEREIN OF ANY PERSON OR ENTITY AS AN INSURED SHALL
NOT AFFECT ANY RIGHT SUCH PERSON OR ENTITY WOULD HAVE AS A CLAIMANT
HEREUNDER IF NOT SO INCLUDED."
TENANT agrees to deposit with LESSOR, at or before the times at which
required to be in effect, certificates of insurance necessary to satisfy
LESSOR that insurance provisions of this Lease have been complied with
and to keep such insurance in effect and the certificates therefor on
deposit with LESSOR during the entire term of this Lease.
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LESSOR shall retain the right at any time to review the coverage, form,
and amount of the insurance required hereby. If', in the opinion of
LESSOR, the insurance provisions in this Lease do not provide adequate
protection for LESSOR and for members of the public using the Demised
Premises, LESSOR may require TENANT to obtain insurance sufficient in
coverage, form, and amount to provide adequate protection. LESSOR'S
requirements shall be reasonable but shall be designed to assure protec-
tion from and against the kind and extent of the risks which exist at
the time a change in insurance is required.
LESSOR shall notify TENANT in writing of changes in the insurance
requirements; and if TENANT does not deposit copies of acceptable
insurance policies with LESSOR incorporating such changes within
sixty days of receipt of such notice, this Lease shall be in default
without further notice to TENANT, and LESSOR shall be entitled to all
legal remedies.
The procuring of such required policy or policies of insurance shall
not be construed to limit TENANT'S liability hereunder nor to fulfill
the indemnification provisions and requirements of this Lease. Not-
withstanding said policy or policies of insurance, TENANT shall be
obligated for the full and total amount of any damage, injury, or
loss caused by negligence or neglect connected with this Lease or with
use or occupancy of the Demised Premises.
14. DAMAGE TO OR DESTRUCTION OF IMPROVEMENTS (ME4.1 S)
In the event of damage to or destruction of TENANT- constructed improve-
ments located within the Demised Premises or in the event TENANT -
constructed improvements located within the Demised Premises are declared
unsafe or unfit for use or occupancy by a public entity with the
authority to make and enforce such declaration, TENANT shall, within 30
days, commence and diligently pursue to completion the repair, replace-
ment, or reconstruction of improvements necessary to permit full use and
occupancy of the Demised Premises for the purposes required by this
Lease. Repair, replacement, or reconstruction of improvements within
the Demised Premises shall be accomplished in a manner and according to
plans approved by EMA.
15. ASSIGNING, SUBLETTING, AND ENCUMBERING PROHIBITED (ME7.3 S)
Any mortgage, pledge, hypothecation, encumbrance, transfer, sublease, or
assignment (hereinafter in this clause referred to collectively as
"Encumbrance ") of TENANT'S interest in the Demised Premises, or any part
or portion thereof is prohibited. Any attempted Encumbrance shall be
null and void and shall confer no right, title, or interest in or to this
Lease.
If the TENANT hereunder is a corporation or an unincorporated association
or partnership, the Encumbrance of any stock or interest in said corpora-
tion, association, or partnership in the aggregate exceeding twenty -five
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percent (258) shall be deemed an assignment within the meaning of this
clause.
16. NOTICES (MF8.1 S)
All notices pursuant to this Lease shall be addressed as set forth
below or as either party may hereafter designate by written notice and
shall be sent through the United States mail.
TO: LESSOR TO: TENANT
and
County of Orange
EMA /Develop, »ent Division
P. 0. Box 1078
Santa Ana, CA 92707
County of Orange
GSA /Real Estate Division
P. 0. Box 4106
Santa Ana, California 92702
City of Newport Beach
Marine Department
3300 Newport Boulevard
Newport Beach, CA 92660
17. ATTACHMENTS TO LEASE (MF9.1 S)
This Lease includes the following, which are attached hereto and made
a part hereof:
A. GENERAL CONDITIONS
B. EXHIBITS: A - Legal Description
B - Plot Plan
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IM.
C
IN WITNESS WHEREOF, the parties have executed this Lease the day first
above written.
LESSOR
ATTEST:
June Alexander
Clerk of the Board of Supervisors
County of Orange
APPROVED AS TO FORM:
County Counsel
M
RECOMMENDED FOR APPROVAL:
Environmental Management Agency
By
RECOMMENDED FOR APPROVAL
General Services Agency
Facilities & Real Property
Architect /Engineer Division
By
Manager
Facilities & Real Property
Real Estate Division
By
Real Property Agent
By
Manager
GDS /so
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5.047
COUNTY OF ORANGE
By
C airman, Board of Supervisors
O
TENANT
CITY OF NEWPORT BEACH
By
By
A
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49
0
I. GENERAL CONDITIONS (MG1 -24 N)
1. DEFINITION OF "LESSOR" (MG1 S)
The term "LESSOR" shall mean the Board of Supervisors of the political
body which executed this agreement or its authorized representative.
2. TIME (MG2 S)
Time is of the essence of this Lease.
3. SIGNS (MG3 S)
TENANT agrees not to construct, maintain, or allow any sign upon the
Demised Premises except as approved by LESSOR. Unapproved signs, banners,
flags, etc., may be removed by LESSOR.
4. PERMITS AND LICENSES (MG4 S)
TENANT shall be required to obtain any and all permits and /or licenses
which may be required in connection with the operation of the Demised
Premises as set out herein.
5. LEASE ORGANIZATION (MG6 S)
The various headings and numbers herein, the grouping of provisions of
this Lease into separate clauses and paragraphs, and the organization
hereof, are for the purpose of convenience only and shall not be consid-
ered otherwise.
6. AMENDMENTS (MG7 S)
This Lease sets forth all of the agreements and understandings of the
parties and any modification must be written and properly executed by
both parties.
7. UNLAWFUL USE (MG8 S)
TENANT agrees no improvements shall be erected, placed upon, operated,
nor maintained within the Demised Premises, nor any business conducted
or carried on therein or therefrom, in violation of the terms of this
Lease, or of any regulation, order of law, statute, bylaw, or ordinance
of a governmental agency having jurisdiction.
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B. NONDISCRIMINATION (MG9 S)
TENANT agrees not to discriminate against any person or class of persons
by reason of sex, race, color, creed, or national origin. TENANT shall
make its accommodations and services available to the public on fair and
reasonable terms.
9. INSPECTION (MG10 S)
LESSOR or its authorized representative shall have the right at all
reasonable times to inspect the Demised Premises to determine if the
provisions of this Lease are being complied with.
10. TAXES AND ASSESSMENTS (MG12 S)
All taxes and assessments which become due and payable upon the Demised
Premises or upon fixtures, equipment, or other property installed or con-
structed thereon, shall be the full responsibility of TENANT, and TENANT
shall cause said taxes and assessments to be paid promptly.
11. SUCCESSORS IN INTEREST (MG13 S)
Unless otherwise provided in this Lease, the terms, covenants, and condi-
tions contained herein shall apply to and bind the heirs, successors,
executors, administrators, and assigns of all the parties hereto, all of
whom shall be jointly and severally liable hereunder.
12. CIRCUMSTANCES WHICH EXCUSE PERFORMANCE (MG14 S)
If either party hereto shall be delayed or prevented from the performance
of any act required hereunder by reason of acts of God, restrictive
governmental laws or regulations, or other cause without fault and beyond
the control of the party obligated (financial inability excepted), per-
formance of such act shall be excused for the period of the delay and the
period for the performance of any such act shall be extended for a period
equivalent to the period of such delay. However, nothing in this clause
shall excuse TENANT from the prompt payment of any rental or other charge
required of TENANT, except as may be expressly provided elsewhere in this
Lease.
13. PARTIAL INVALIDITY (MG15 S)
If any term, covenant, condition, or provision of this Lease is held by
a court of competent jurisdiction to be invalid, void, or unenforceable,
the remainder of the provisions hereof shall remain in full force and
effect and shall in no way be affected, impaired, or invalidated thereby:
14. WAIVER OF RIGHTS (MG16 S)
The failure of LESSOR or TENANT to insist upon strict performance of any
of the terms, covenants, or conditions of this Lease shall not be deemed
a waiver of any right or remedy that LESSOR or TENANT may have, and shall
not be deemed a waiver of the right to require strict performance of all
the terms, covenants, and conditions of the Lease thereafter, nor a waiver
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of any remedy for the subsequent breach or default of any term, covenant,
or condition of the Lease.
15. DEFAULT IN TERMS OF THE LEASE BY TENANT (MG17 S)
Should TENANT default in the performance of any covenant, condition, or
agreement contained in this Lease and such default is not corrected
within a reasonable time (as determined by LESSOR) after TENANT receives
written notice of default from LESSOR, LESSOR may:
A. Terminate this Lease. All rights of TENANT and those who claim
under TENANT, stemming from this Lease, shall end at the time of such
termination; or
B. At LESSOR'S sole option, cure any such default by performance of
any act, including payment of money, and add the cost thereof, plus
reasonable administrative costs, to the rent.
16. COSTS OF SUSTAINING AN ACTION FOR BREACH OR DEFAULT (MG18 S)
In the event either LESSOR or TENANT commences legal action against the
the other claiming a breach or default of this Lease, the prevailing
party in such litigation shall be entitled to recover from the other
costs of sustaining such action, including reasonable attorney fees, as
may be fixed by the Court.
17. RESERVATIONS TO LESSOR (MG19 S)
The Demised Premises are accepted as is and where is by TENANT subject to
any and all existing easements and encumbrances. LESSOR reserves the
right to install, lay, construct, maintain, repair, and operate such
sanitary sewers, drains, storm water sewers, pipelines, manholes, and
connections; water, oil, and gas pipelines; telephone and telegraph power
lines; and the appliances and appurtenances necessary or convenient in
connection therewith, in, over, upon, through, across, and along the
Demised Premises or any part thereof, and to enter the Demised Premises
for any and all such purposes. LESSOR also reserves the right to grant
franchises, easements, rights of way, and permits in, over, upon, through,
across, and along any and all portions of the Demised Premises. No right
reserved by LESSOR in this clause shall be so exercised as to interfere
unreasonably with TENANT'S operations hereunder or to impair the security
of any secured creditor of TENANT.
LESSOR agrees that rights granted to third parties by reason of this
clause shall contain provisions that the surface of the land shall be
restored as nearly as practicable to its original condition upon the
completion of any construction. LESSOR further agrees that should the
exercise of these rights temporarily interfere with the use of any or all
of the Demised Premises by TENANT, the rental shall be reduced in propor-
tion to the interference with TENANT's use of the Demised Premises.
18. HOLDING OVER (MG20 S)
In the event TENANT shall continue in possession of the Demised Premises
after the term of this Lease, such possession shall not be considered a
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renewal of this Lease but a tenancy from month to month and shall be
governed by the conditions and covenants contained in this Lease.
19. DISPOSITION OF ABANDONED PERSONAL PROPERTY (MG22 S)
If TL'NANT abandons the Demised Premises or is dispossessed thereof by
process of law or otherwise, title to any personal property belonging to
TENANT and left on the Demised Premises 45 days after such abandonment or
dispossession shall be deemed to have been transferred to LESSOR. LESSOR
shall have the right to remove and to dispose of such property without
liability therefor to TENANT or to any person claiming under TENANT, and
shall have no need to account therefor.
20. QUITCLAIM OF TENANT'S INTEREST UPON TERMINATION (MG23 S)
Upon termination of this Lease for any reason, including but not limited
to termination because of default by TENANT, TENANT shall execute,
acknowledge, and deliver to LESSOR, within 30 days after receipt of
written demand therefor, a good and sufficient deed whereby all right,
title, and interest of TENANT in the Demised Premises is quitclaimed to
LESSOR. Should TENANT fail or refuse to deliver the required deed to
LESSOR, LESSOR may prepare and record a notice reciting the failure of
TENANT to execute, acknowledge, and deliver such deed and said notice
shall be conclusive evidence of the termination of this Lease and of all
right of TENANT or those claiming under TENANT in and to the Demised
Premises.
21. LESSOR'S RIGHT TO RE -ENTER (MG24 S)
TENANT agrees to yield and peaceably deliver possession of the Demised
Premises to LESSOR on the date of termination of this Lease, whatsoever
the reason for such termination.
Upon giving written notice of termination to TENANT, LESSOR shall have
the right to re -enter and take possession of the Demised Premises on the
date such termination becomes effective without further notice of any
kind and without institution of summary or regular legal proceedings.
Termination of the Lease and re -entry of the Demised Premises by LESSOR
shall in no way alter or diminish any obligation of TENANT under the
lease terms and shall not constitute an acceptance or surrender.
TENANT waives any and all right of redemption under any existing or
future law or statute in the event of eviction from or dispossession
of the Demised Premises for any reason or in the event LESSOR re- enters
and takes possession of the Demised Premises in a lawful manner.
TENANT agrees that should the manner or method employed by -LESSOR in
re- entering or taking possession of the Demised Premises give TENANT a
cause of action for damages or in forcible entry and detainer, the total
amount of damages to which TENANT shall be entitled in any such action
shall be One Dollar. TENANT agrees that this clause may be filed in any
such action and that when filed, it shall be a stipulation of TENANT fix-
ing the total damages to which TENANT is entitled in such an action.
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�3.
PROJECT:
Lower Newport
Bay
DATE: April 12, 1977
ESTATE:
Leasehold
WRITTEN: C.D.C.
CHECKED: R.L.L.
PROJECT NO..PM
1002
PARCEL NO. 30
That portion of Orange County Tidelands in Lower Newport Bay, City of
Newport Beach, County of Orange, state of California, as shown cross- hatched
on a Plot Plan attached hereto and made a part hereof.
l,rkOVED:� ,
HAROLD I. SCOTT
Right of Way Engineer
W. H. TALLEY
Registered Civil Engineer
Certificate No. 16799
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