Loading...
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