HomeMy WebLinkAboutC-2867 - Lease Agreement for Temporary StorageAMENDMENT NO. 3
LEASE AGREEMENT
Section 2 of the Lease Agreement shall be amended to extend the
term of the Agreement between the Newport -Mesa Unified School District and
the City of Newport Beach for a portion of the District's Banning property
at Whittier and Sixteenth Street shall be extended for an additional one (1)
year beginning June 12, 1994, and ending June 11, 1995.
All other terms and conditions to remain the same.
Dated: JULY $ . 1994
NEWPORT -MESA UNIFIED SCHOOL DISTRICT
By: L� k
C.M. Bernd, Superintendent
CITY OF NEWPORT BEACH
By:
JGF 5PANEART UTI�vrta$ 01REGPoR
July 8, 1994
• •
CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92658.8915
Newport Mesa Unified School District
2985 - A Bear Street
Costa Mesa, California 92626
Attention: Carolyn B. Stocker, Executive Director
Business Services & Auxiliary Operations
Subject: Banning Property Lease to City of Newport Beach
Amendment No. 3 - One -year Time Extension
Dear Ms. Stocker:
Enclosed are three (3) fully executed copies of the Amendment No. 3 to the lease between
the Newport - Mesa Unified School District and the City for the Banning Property at the
westerly end of 1611, Street. In accord with the amendment, the new lease termination
date is June 11 th, 1995.
Your assistance and effort in this matter are greatly appreciated. If you have any
questions or need anything else, please call me. I can be reached at (714) 644 -3011.
Very truly yours,
Jeff Staneart, P.E.
Utilities Director
JS: tam
attachments: NMUSD /CNB Property Lease; Amendment No. 2; dated June 12, 1994
cc: Wanda Raggio
3300 Newport Boulevard, Newport Beach
LEASE AGREEMENT
AMENDMENT NO. 2
Section 2 of the Lease Agreement shall be amended to extend the
term of the Agreement between the Newport -Mesa Unified School District and
the City of Newport Beach for a portion of the District's Banning property
at Whittier and Sixteenth Street shall be extended for an additional one (1)
year beginning June 12, 1993, and ending June 11, 1994.
Section 3 of the Lease Agreement shall be amended to charge the
sum of Three Hundred and no /100 (300.00) per month, on a prorated basis.
All other terms and conditions to remain the same.
Dated: July 13, 1993
Dated: JULY 2"1 1993
NEWqRo AH. ED SCHOOL DISTRICT
By: ��
Mil an, Pr esident
CITY OF NEWPORT BEACH
JEFt SSTANNEART, urii-wrIFS Dl RECroR
11
LEASE AGREEMENT
E
AMENDMENT NO. 1
The term of the Agreement between the Newport -Mesa Unified School
District and the City of Newport Beach for a portion of the District's
Banning property at Whittier and Sixteenth Street shall be extended for an
additional one (1) year beginning June 12, 1992 and ending June 11, 1993.
All other terms and conditions to remain the same.
Dated: 5/26/92
Dated: 6I ltl°)2
NEWPORT -MESA UNIFIED SCHOOL DISTRICT
B �
ohn W. Nicoll, Superintendent
CITY OF NEWPORT BEACH
By:
^'F a(LT, C4cTiW>)VnuTtE$ DiUatAL
;
3
9 0
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(714) 644 -3005
TO: FINANCE DIRECTOR
7-,'-VI
FROM: CITY CLERK
DATE: July 2, 1991
SUBJECT: Contract No. C -2867
Description of Contract Lease of Temporary Storage Site
Effective date of Contract June 26, 1991
Authorized by Minute Action, approved on
Contract with Management Support Services
June 24, 1991
Address Newport -Mesa Unified School District
P.O. Box 1368
Newport Beach, CA 92663
Amount of Contract (See Agreement)
Z/' 4f '
Wanda E. Raggio
City Clerk
WER:pm
Attachment
3300 Newport Boulevard, Newport Beach
• •
City Council Meeting
June 24, 1991
Agenda Item No.–L-3(Q)
TO: MAYOR SANSONE AND MEMBERS OF THE CITY COUNCIL
BY THE CITY COUNCAIL
From: Robert J. Dixon, Utilities Director CITY OF NEWPORT REA(
SUBJECT: LEASE OF TEMPORARY STORAGE SITE 1! ? ^oi
Recommended action: APPROVE1
If desired, authorize the Mayor and City Clerk to execute a lease agreement for
temporary storage with the Newport -Mesa Unified School District.
Background:
In anticipation of receiving well water from Orange County Water District the City's
Utilities Yard on 16th Street will be reconstructed and reconfigured to allow for the
construction of a new reservoir on the site. The first phase of the work is presently
in the design stage as approved by the Council on April 22, 1991.
When actual construction begins, the Utilities Yard will not have sufficient space for
storage of equipment and operating materials required for day to day activities. The
Newport -Mesa Unified School District owns a large vacant site at 16th Street and
Whittier adjacent to the Utilities Yard . The district is willing to lease a portion of its
site to the City for storage purposes at a cost of three hundred dollars ($300.00) per
month. The term of the lease is for one year but may be extended annually and
terminated with sixty days notice when the site is no longer needed.
The Utilities Committee reviewed the lease agreement (attached) at its meeting on
June 14, 1991, and forwards it to the City Council with a recommendation for
approval.
Respectfully submitted,
Robert J. Dixon
Utilities Director
C V_ 1,
�.
1
LEASE AGREEMENT
0 C - ZSZI
THIS LEASE, between the NEWPORT -MESA UNIFIED SCHOOL DISTRICT,
hereinafter referred to as "DISTRICT" and the CITY OF NEW R BEACH,
he nafter referred to as "CITY" is entered into this ay of
e /gyp 1991.
WHEREAS, CITY has a need for a suitable location for the temporary
storage of pipe, lumber, electrical light poles, sand, and water and sewer
fittings, and;
WHEREAS, a portion of the District'e Banning property at Whittier and
Sixteenth Street in the City of Newport Beach is available which is suitable
for Buch purposes,
NOW, THEREFORE, IT IS MUTUALLY AGREED as follows:
1. CITY shall be permitted to use the above referenced location which
consists of vacant land for the period of June 12, 1991, through June 11,
1992.
2. The term of the Lease shall be for the period of June 12, 1991,
through June 11, 1992, only. However, the lease may be renewed annually V_
upon application (90) days prior to the annual use period. In the same
manner, either party may give notice of cancellation during the Bame period. 11
oue dellowp, ('11,0")
3. CITY shall pay to DISTRICT for this use the sum of Tkree- Hartdred-
per month, on a prorated basis. The amount of the
monthly rent shall be increased annually according to the following U.S.
Department of Labor, Bureau of Labor Statistics Index: Consumer Price Index
for all Urban Consumers (CPIU) Los Angeles -Long Beach - Anaheim, California.
4. The CITY shall not assign all or any part of the premises. CITY
shall not make any alterations or additions to the premises without prior
written permission of DISTRICT. Any alterations or additions to premises
with permission of DISTRICT shall be at the sole cost of CITY.
5. CITY agrees to protect, indemnify and hold harmless DISTRICT, its
Board Members, officials, employees, and agents from any and all claims,
demands, liabilities, and obligations of whatsoever nature, including
attorney's fees and court costa arising out of or in connection with any
negligent act or omission of CITY or the occupancy or use of the leased
premises or any part thereof by CITY or directly or indirectly from any
state or condition of the premises or any part thereof arising out of the
CITY's operations and maintenance of the leased premises.
6. All notices pursuant to this Lease shall be addressed as set forth
below, or as either party may hereafter designate by written notice, and may
be sent through the United States mail to:
DISTRICT Management Support Services
Newport -Mesa Unified School District
P. O. Box 1368
Newport Beach, CA 92663
CITY Utilities Department
City of Newport Beach
P. O. Box 1768
Newport Beach, CA 92658
7. CITY will be allowed to place security fences and other protective
enclosures on the property without prior written consent of the DISTRICT.
Any improvements erected on the property such as fences and gates shall
become the property of the DISTRICT at the conclusion of the Lease. CITY
may not conduct any business on the demised premises in violation of any
regulation, order of law, statute by law, or ordinance of any governmental
agency having jurisdiction. CITY may not store any hazardous materials on
the site.
8. In the event of any breach of this Lease by CITY, DISTRICT shall
notify CITY in writing of such breach and CITY shall have thirty (30) days
in which to cure said breach. If said breach is not cured within the
specified time this Lease shall be terminated, in which event CITY agrees to
immediately surrender possession of the premises and to pay to DISTRICT, in
addition to any other remedy DISTRICT may have, all damages DISTRICT may
incur by reason of its defaults, including the cost of recovering the
premises.
9. 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 cause
and beyond the control of the party obligated (financial inability
excepted), performance of such acts 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 either party from the prompt payment of any rental
or other charges required except as may be expressly provided elsewhere in
this Lease.
10. This Lease sets forth the entire agreement between CITY and
DISTRICT and any modifications must be in the form of a written amendment.
11. 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 affect and shall in no way be affected, impaired or invalidated
thereby.
0 !
12. The failure of either party to insist upon strict performance of
any of the terms, conditions or covenants in this Lease shall not be deemed
a waiver of any right or remedy for a subsequent breach or default of the
terms, conditions or covenants herein contained.
13. This Lease is entered into pursuant to the authority of the
Education Code of the State of California beginning with Section 39360.
14. DISTRICT may terminate this Agreement by the giving of sixty (60)
days prior notice, in writing. CITY may terminate this Agreement by the
giving of sixty (60) days prior notice, in writing, at any time the use of
said premises is no longer needed.
IN WITNESS WHEREOF, the parties hereto have executed this Lease as of
the date first written above.
DATED: 6 -11 -91
DATED: Cam/ iV0 ::fZ
NEWPORT -MESA UNIFIED SCHOOL DISTRICT
B
ohn W. Nicoll, Superintendent
CITY OF NEWPORT BEACH
BY: .�-
!� Mayor
ATTEST:
Newport Beach City Clerk
us
. MINUTE BOOK
LEASE AGREEMENT
THIS LEASE, between the NEWPORT -MESA UNIFIED SCHOOL DISTRICT,
hereinafter referred to as "DISTRICT" and the CITY OF NEWPORT,BEACH,
her nafter referred to as "CITY" is entered into this c5or lday of
1991.
WHEREAS, CITY has a need for a suitable location for the temporary
storage of pipe, lumber, electrical light poles, sand, and water and sewer
fittings, and;
WHEREAS, a portion of the District's Banning property at Whittier and
Sixteenth Street in the City of Newport Beach is available which is suitable
for such purposes,
NOW, THEREFORE, IT IS MUTUALLY AGREED as follows:
1. CITY shall be permitted to use the above referenced location which
consists of vacant land for the period of June 12, 1991, through June 11,
1992.
2. The term of the Lease shall be for the period of June 12, 1991, �y
through June 11, 1992, only. However, the lease may be renewed annually (>1(fV
upon application (90) days prior to the annual use period. In the same IUK'd
manner, either party may give notice of cancellation during the same period.
3. CITY shall pay to DISTRICT for this use the sum ofsce -HeQ-
per month, on a prorated basis. The amount of the
monthly rent shall be increased annually according to the following U.S.
Department of Labor, Bureau of Labor Statistics Index: Consumer Price Index
for all Urban Consumers (CPIU) Los Angeles -Long Beach- Anaheim, California.
4. The CITY shall not assign all or any part of the premises. CITY
shall not make any alterations or additions to the premises without prior
written permission of DISTRICT. Any alterations or additions to premises
with permission of DISTRICT shall be at the sole cost of CITY.
5. CITY agrees to protect, indemnify and hold harmless DISTRICT, its
Board Members, officials, employees, and agents from any and all claims,
demands, liabilities, and obligations of whatsoever nature, including
attorney's fees and court costs arising out of or in connection with any
negligent act or omission of CITY or the occupancy or use of the leased
premises or any part thereof by CITY or directly or indirectly from any
state or condition of the premises or any part thereof arising out of the
CITY's operations and maintenance of the leased premises.
REF. 15.1
0 0
6. All notices pursuant to this Lease shall be addressed as set forth
below, or as either party may hereafter designate by written notice, and may
be sent through the United States mail to:
DISTRICT Management Support Services
Newport -Mesa Unified School District
P. O. Box 1368
Newport Beach, CA 92663
CITY Utilities Department
City of Newport Beach
P. O. Box 1768
Newport Beach, CA 92658
7. CITY will be allowed to place security fences and other protective
enclosures on the property without prior written consent of the DISTRICT.
Any improvements erected on the property such as fences and gates shall
become the property of the DISTRICT at the conclusion of the Lease. CITY
may not conduct any business on the demised premises in violation of any
regulation, order of law, statute by law, or ordinance of any governmental
agency having jurisdiction. CITY may not store any hazardous materials on
the site.
S. In the event of any breach of this Lease by CITY, DISTRICT shall
notify CITY in writing of such breach and CITY shall have thirty (30) days
in which to cure said breach. If said breach is not cured within the
specified time this Lease shall be terminated, in which event CITY agrees to
immediately surrender possession of the premises and to pay to DISTRICT, in
addition to any other remedy DISTRICT may have, all damages DISTRICT may
incur by reason of its defaults, including the cost of recovering the
premises.
9. 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 cause
and beyond the control of the party obligated (financial inability
excepted), performance of such acts 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 either party from the prompt payment of any rental
or other charges required except as may be expressly provided elsewhere in
this Lease.
10. This Lease sets forth the entire agreement between CITY and
DISTRICT and any modifications must be in the form of a written amendment.
11. 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 affect and shall in no way be affected, impaired or invalidated
thereby.
REF. 15.2
12. The failure of either party to insist upon strict performance of
any of the terms, conditions or covenants in this Lease shall not be deemed
a waiver of any right or remedy for a subsequent breach or default of the
terms, conditions or covenants herein contained.
13. This Lease is entered into pursuant to the authority of the
Education Code of the State of California beginning with Section 39360.
14. DISTRICT may terminate this Agreement by the giving of sixty (60)
days prior notice, in writing. CITY may terminate this Agreement by the
giving of sixty (60) days prior notice, in writing, at any time the use of
said premises is no longer needed.
IN WITNESS WHEREOF, the parties hereto have executed this Lease as of
the date first written above.
DATED: 6 -11 -91
DATED: 41/P_6�6 `%/
ATTEST:
"o '
Newport Beach City Cler,
REF. 15.3
NEWPORT -MESA UNIFIED SCHOOL DISTRICT
jhn W. Nicoll, Superintendent
CITY OF NEWPORT BEACH
BY: 9
—' Mayor