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HomeMy WebLinkAboutORANGE, COUNTY OF (48)2 3 4 5 6 7 8 9 10 11 12 13 14 is 19 20 21 22 23 24 25 26 27 28 29 30 31 I PM 819-3 I Newhope Fire Station LEASE THIS IS A LEASE, made this day of , 1975, by and between COUNTY OF ORANGE, hereinafter referred to as "LESSOR," and CITY Of' SANTA ANA, hereinafter referred to as "TENANT," without regard to number and gender. 1. DEMISED PREMISES (M2.1 S) LESSOR leases to TENANT that certain property known as the Newhope Fire Station, consisting of Lots 7 and 8 of Tract 554, City of Santa Ana, per map recorded in Book 20, Page 35, Miscellaneous Maps, in the office of the Orange County Recorder. 2. TERM (m3.1 s) The term of this Lease shall be three (3) years, commencing the first day of the first full calendar month following the date of execution by LESSOR. Said Lease term shall be automatically extended on a year- to-year basis at the expiration date of this Lease unless either party hereto notifies the other, in writing at least sixty (60) days prior to the Lease expiration date, of its desire to terminate the Lease term. 3. TENANT'S USE (N) Use and occupancy of the Demised Premises shall be restricted to TENANT's Civic, Community, and educational programs and those uses specified in Clause 4 and Clause 5. The Demised Premises shall not be used for any other purposes. 4. LESSOR'S USE (N) LESSOR reserves the right to use, at no cost, the Demised Premises, provided said use shall not conflict with use of TENANT. 5. USE BY OT�IERS (N) At times the Demised Premises are not being used by TENANT or LESSOR, TENANT shall allow any civic or community group the reasonable use of the Demised Premises. Such use shall be restricted to non-commercial activities and shall he subject to payment of reasonable maintenance charges and compliance with reasonable rules and regulations governing the use thereof. Such charges shall be limited to reasonable cleanup, repair, and utilities costs. 9 3.1%_ 1 - 1 4.235 1 2' 4i 5 6 7 8 9 10 -11 -12 13 14 18 19 20 21 22 23 24 25 26 3 27 28 29 30 .31 32 HPo /2 9/7! 0192-1.>_ 6. RENT (MD6.1 N) This Lease shall be rent-free in consideration of the benefits to the community to be gained by TENANT's maintenance and use of the Demised Premises as a civic and community center facility. 7. REQUIRED TENANT CONSTRUCTION, ALTERATIONS, AND IMPROVEMENTS TENANT shall be required to construct, alter, and improve portions of the Demised Premises to bring the existing structures up to code and usable for.TE-INT's intended purposes. Said construction, alteration, and improvements work shall be substantially as enumerated in Exhibit A, attached hereto and made a part hereof. TENANT -shall be entitled to payment by LESSOR of actual expenses incurred in the work described in said Exhibit A provided that: A. TENANT has furnished LESSOR with four (4) copies of all invoices for said construction, alteration, or repair work and said invoices have been determined to be reasonable by LESSOR's Director of Building Services; and B. Payments hereunder shall not exceed the total sum of $20,000; and C. Progress payments will.be made monthly in amounts not less than $5,000. TENANT acknowledges that funds being provided by LESSOR are funds received by.the--County of Orange pursuant to the State and Local Fiscal Assistance Act of 1972, Public Law 92-512, and that expenditure of these funds :rust be in accordance with said law and regulations issued by agencies of the federal government. TENANT further acknowledges that when such funds are used on any construction project for which twenty-five percent (25%) or more of the costs are paid out of revenue funds, prevailing wages must be paid in accordance with the Davis -Bacon Act, as amended, 40 U.S.C. 276(a) and 276(a)(7), and in compliance with labor standards as specified by the Secretary of Labor. TENANT further agrees that any federal funds which are expended improperly by the TENANT shall be refunded to the LESSOR. 8. MAINTENANC-E, (MD 13.1 N) TENANT shall keep and maintain the Demised Premises and all improvements of any kind thereon in good condition and in substantial repair. it shall be TENANT's responsibility to take all steps necessary or appropriat to maintain such a standard of condition and repair. 9. DISCRIMINATION No person shall, on the basis of race; color, national origin, or sex; be excluded from participation in or be denied the benefits of, or be subject to discrimination under, any program or activity funded in whole -or in part with funds made available under this Lease. 10. ACCOUNTING RECORDS TENANT shall maintain proper accounting records and procedures and other evidence pertaining to costs incurred, which records shall be kept available at the TENANT's office during the lease period and thereafter. for five (5) years from the date of final payment of County revenue - sharing funds, and shall make said records available to the LESSOR for the purposes of auditing, and that quarterly progress reports shall be supplied by the TENANT to the County Administrative Office. 2. 1 2 3 4 5 6 7 8 9' 10 1l 12' 13 14 zs 19 20 21 22 23 24 25 26 27 28 29 30 11. BOLD HARMLESS AGREEMENT TENANT agrees to save LESSOR, its officers, agents, or employees harmless from any and all penalties, liabilities, or loss resulting from claims or court actions arising directly or indirectly out of any damage or injury to persons or property by reason of the acts or omissions of TENANT, its agents, employees, invitees, or independent contractors employed by TENANT, in exercising any of the privileges herein granted or in consequence thereof. LESSOR likewise agrees to hold TENANT harmless from same. 12. UTILITIES (MD 13.1 N) TENANT shall be responsible for and -pay, prior to the delinquency date, all charges for utilities supplied to the Demised Premises. 13. INSURANCE (M26.1 N) TENANT shall maintain insurance acceptable to LESSOR in full force and effect throughout the term of the Lease. The policy or policies of insurance shall name LESSOR as an additional insured and shall, as a minimum, provide the following forms of coverage in the amounts specified: A. Comprehensive Public Liability:. $1,000,000 combined single limit. B. Fire and Extended Coverage: Not less than 100% of the value of the building as improved pursuant to the terms of this Lease. Water damage and debris cleanup provisions shall be included. 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 DEPARTMENT OF REAL PROPERTY SERVICES, COUNTY OF ORANGE, SHALL HAVE RECEIVED WRITTEN NOTICE OF SUCH CANCELLATION OR REDUCTION. THE NOTICE SHALL BE SENT BY CERTIFIED 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. LESSOR shall retain the right at any time to Leview the coverage, roan^, and amount of the insurance required hereby. If, in the opinion of LESSOR's insurance Division; the insurance provisions in this Lease do not provide adequate protection for LESSOR and for members of the public using the Demised Premises, LESSOR's Department of Real property Services may recuire 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 protection from and against the kind and extent of the risks which exist at the time a change in insurance is required. 31 LESSOR's Department of Real Property Services shall notify TENANT in writing of changes in the.insurance requirements; and if TENANT does not 32 deposit copies of acceptable insurance policies with LESSOR incorporating HP:wm. /29/7 a,gar.z 3. I€ such changes within sixty days of receipt of such notice, this Lease shall be in default without further notice to TENANT, and LESSOR shall 2 be entitled to all legal remedies. 3 The procuring of such required policy or policies of insurance shall not 4�be construed to limit TENANT's liability hereunder nor to fulfill the ir_deamification provisions and requirements of this Lease. Notwithstandin said policy or policies of insurance TENANT shall be obligated for the 5 full and total amount of any damage, injury, or loss in accordance with Clause 11. 6 14. TERMINATION 7 TENANT intends to staff the center with persons employed under funds 8 provided by the Comprehensive Employment and Training Act of 1973 (Public Law 93-203). Notwithstanding the provisions of paragraph 2 regarding the 9 term, TENANT shall have the.right to terminate this Lease upon sixty days notice at any time during the" term in the event that funds under the 10 Comprehensive Employment and Training Act of 1973 are -not available to TENANT. 11 _ 15. NOTICES (M8.1 S) 12 All notices pursuant to this Lease shall be addressed as set forth below 13 or as either party may hereafter designate by written notice and shall be sent through the United States mail. 14 TO: LESSOR TO: TENANT Z; 15 L� �I Director, County of Orange City of Santa Ana ro 16 Department of Real Property. 20 Civic Center Plaza zQ Services Santa Ana, California 92701 0 17 400 Civic Center Drive West Santa Ana, California 92701 18 - - 16. ATTACHMENTS (M54.1 N) 19 This Lease includes the following, which is attached -hereto and made 20 a part hereof: 21 EXHIBIT A 22 17. RESIDENCE OF STAFF 23 TENANT agrees to use its best efforts to -insure that whenever possible TENANT'.s staff at the facility shall be persons who are residents of 24 the surrounding area. 29 / 26 / 27 / 28 / 29 / 30 / - - 31 / 32 / iP:wm ,2 9/7 O[42-1.2 �I 4. 1 2 3 4 5 6 7 8 9 1© 11 12 13 14 �F zz 15 O 0 W 16 F O zz a Oo 17 U 18 19 20 21 I 22 1 23 24 -I 25 26 ; 27 I 28 29 I 30 31 32 [P:wm .29/71 G192., IN WITNESS WHEREOF, the Parties have executed this agreement the day and year first above written. 5. NEWHOPE FIRE STATION WORK REQUIRED TO REHABILITATE STRUCTURE Demolish Wood Garage Paint Inside and Out Class III Flame Spread Replace 5 Broken Glass Windows (2 Facing. East, 1 Facing South, 2 Facing West) Replace Locks Retile Living Area and Rest Room - Provide Tile Flooring for Garage Area Electric Wiring and Fixtures - All Wiring and Fixtures Must Be in Accordance with, Applicable Building Codes and Must Provide a Minimum Illumination of. 50 Footcandle Power Reroof (Fire Retardant) and Plaster Eaves on North Side Add One Rest Room - Location and Design Subject to Prior written Approval of Lessor's Department of Building Services (Includes Water Closet, Urinal, Lavatory, Sewer Connections, Facilities for. handicapped) 'Provide 3-Foot Personnel Gate in Fence:. Relocate 10-Foot Gate to Southerly Curb Cut and Repair Fence Construct Curb in Place of NortYierly Curb Cum Repair AC Paving (vieed,- Apply Weed Killer, and Fill Cracks and Apply Seal.Coat) and Stripe for Parking Spaces Replace Heating.Unit - New Unit dust Be Capable of Maintaining an Interior Temperature of 740 F when the Exterior Temperature Is 35° F Replace 22-Foot Overhead Door with Stucco v4all, Door (at Least 3 Feet Wide), and 2 Windows (Approximately 3' x 4') = Door with Panic .Hardware and Electric Exit Sign Install 2A-10BC Fire Extinguisher . Basic Fire Alarm System in Accordance with Fire Department Standards .Provide New Outswinging Solid --Core Door at South of Building Using Panic Hardware if Required by Fire Department Remove Door. Between Living and Garage Areas,_Replace with Double Swinging Door, and Provide Lighted Exit_ Sign on Each Side Provide Hold -Open Device for Above Double Swinging Door Screen Wall at Doorway Between Rooms (See Plot Plan) Patch Walls and -Ceiling as Required Street Light Deposit Street Tree Charges Relocate Fence to Ultimate Right of day Line rV 9 r JB� -- �j- _-_.- J. - - --.CourFTy _or- ORANGE - Fvv . f-A - FIR-E STi1 l Oil SCALD' L, T v — �Ei tov` lFZc}TRUDt IG Si e-EL =- - 7 7- 17 COUNTY OF OPANGE gtq -- - - - - - --- , .. - - -, � . �f-S�71'•F� -- - r _ - -. eft .. _--• -- --- - •- v +•sza-g'y`.".;.yt.+'.=?:ate-.^ .`-`� -cS.F ..,. '-w `'�.,c cK '�"s';",. -,.� -'I <:?�...r �.. ;:, s F i; �...'a�=_-.��