Contract - Costa Mesa, City of - 1994-04-14Pr-
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LEASE AGREEMENT
1. PARTIES.
THIS AGREEMENT is made and entered into this Pith day
of , 1994 , by and between the CITY OF COSTA MESA,
a mun cipal corporation ("CITY") and the COSTA MESA SANITARY
DISTRICT, formed and existing under the Sanitary District Act of
1923 , ("DISTRICT") .
2 . PREMISES.
CITY hereby leases to DISTRICT and DISTRICT hereby leases
from CITY, on the terms and conditions hereinafter set forth, that
certain real property and the portion of the building located
thereon situated in the City of Costa Mesa, County of Orange, State
of California, commonly known as Costa Mesa City Hall, Fourth
Floor, 77 Fair Drive, Costa Mesa, California, and described in
Exhibit "A" attached hereto and made a part of this Agreement by
this reference ("PREMISES") .
3 . TERM.
The term of this Lease shall be for one year commencing
December 9 , 1993 , and ending December 8 , 1994 , unless terminated at
an earlier time as hereinafter provided; provided further, that in
no event shall the term go beyond that of the agreement between the
parties for the operation of the DISTRICT by the CITY.
4 . RENT.
DISTRICT shall pay to CITY as rent for the PREMISES two
hundred sixty-four dollars ($264 . 00) per month, in lawful money of
the United States. Rent shall be included in the annual agreed sum
for the operation of the DISTRICT and payable as provided in the
agreement for the operation of the DISTRICT by the CITY.
5. USE.
DISTRICT shall use the PREMISES only for business
relating to the Costa Mesa Sanitary District and for no other
purpose without CITY' S prior written consent.
DISTRICT shall comply with all laws concerning the
PREMISES or DISTRICT' S use of the PREMISES including, without
limitation, the obligation at DISTRICT' S cost to alter, maintain or
restore the PREMISES in compliance and conformity with all laws
relating to the condition, use, or occupancy of the PREMISES by
DISTRICT during the term of this Lease. DISTRICT shall not use or
permit the use of the PREMISES in any manner that will tend to
create waste or a nuisance or, if there shall be more than one
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tenant of the building containing the PREMISES, which shall
unreasonably disturb any other tenant.
DISTRICT hereby accepts the PREMISES in their condition
existing as of the date that DISTRICT possesses the PREMISES
subject to all applicable zoning, municipal, county and state laws,
ordinances, regulations governing or regulating the use of the
PREMISES and accepts this Lease subject thereto and to all matters
disclosed thereby. DISTRICT hereby acknowledges that CITY has not
made any representation or warranty to DISTRICT as to the
suitability of the PREMISES for the conduct of DISTRICT'S business.
6. UTILITIES.
(a) CITY shall provide utilities, including heat,
electricity, water, air conditioning and restrooms located within
the building complex and the charge therefore shall be included in
the annual agreed sum for the operation of the DISTRICT and payable
as provided in the agreement for the operation of the DISTRICT with
the CITY.
(b) CITY shall make all arrangement for all telephone
services supplied to the PREMISES provided, however, that DISTRICT
at its option, may provide for separate telephone services. All
telephone service to DISTRICT shall be paid for by the DISTRICT and
such charges may be included in the annual agreed Budget for the
operation of the DISTRICT and payable to the CITY.
7 . MAINTENANCE AND REPAIRS.
(a) CITY'S Obligations.
Except for damages caused by any negligent or
intentional act or omission of DISTRICT, DISTRICT'S agents,
employees or invitees, CITY shall keep in good condition and repair
the foundations and exterior walls of the PREMISES. CITY shall
maintain the landscaping and other improvements of which the
PREMISES are a part. CITY shall also provide custodial services
for restroom facilities and for the PREMISES herein leased.
(b) DISTRICT' S Obligations.
Subject to the provisions of subparagraph (a) ,
above, DISTRICT, at DISTRICT'S sole cost and expense, shall keep in
good order, condition and repair the PREMISES and every part
thereof. If DISTRICT fails to perform DISTRICT'S obligations as
stated herein, CITY may, at its option, enter the PREMISES ten (10)
days after delivering written notice to DISTRICT, put the same in
good order, condition and repair, and the costs thereof together
with interest thereon at the rate of ten percent (10%) per annum
shall become due and payable as additional rent to CITY together
with DISTRICT'S next rental installment.
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8 . ALTERATIONS AND ADDITIONS.
DISTRICT shall not, without CITY'S prior written consent,
make any alterations, improvements or additions in or about the
PREMISES. DISTRICT, at CITY'S option, may be required by CITY to
remove any such alterations, improvements, or additions at the
expiration of the term of this Lease and to restore the PREMISES to
their prior condition by giving DISTRICT thirty (30) days written
notice prior to the expiration of the term.
Prior to commencement of any work relating to the
alterations, additions, or improvements affecting the PREMISES,
DISTRICT shall notify CITY in writing at least thirty (30) days
prior to the commencement of such work. Work shall not commence
until written approval has been obtained from CITY. Such approval
and any special conditions pertaining to the work required of
DISTRICT by CITY shall be signed by the parties and made a part of
this Lease. Permits and licenses necessary for the work shall also
be obtained prior to commencement of the work. The parties hereto
acknowledge that certain improvements have already been made at the
expense of DISTRICT and the execution of this Agreement constitutes
the approvals as required herein.
DISTRICT shall pay, when due, all claims for labor and
materials furnished to or for DISTRICT at or for use in the
PREMISES. DISTRICT shall not permit any stop payment notices to be
levied against the PREMISES for any labor or material furnished to
DISTRICT or claimed to have been furnished to DISTRICT or
DISTRICT'S agents or contractors in connection with work of any
character performed or claimed to have been performed on the
PREMISES by or at the direction of DISTRICT.
Unless CITY requires their removal as set forth above,
all alterations, improvements or additions which are made on the
PREMISES by DISTRICT shall become the property of CITY and remain
upon and be surrendered with the PREMISES at the expiration of the
term of this Lease. Notwithstanding the provisions of this
paragraph, DISTRICT'S trade fixtures, furniture, equipment and
other machinery, other than that which is affixed to the PREMISES
so that it cannot be removed without material or structural damage
to the PREMISES, shall remain the property of DISTRICT and removed
by DISTRICT at the expiration of the term of this Lease.
9 . INSURANCE.
DISTRICT shall obtain and maintain during the life of
this Lease comprehensive general liability, including premises
operations, broad form property damage, and personal injury
insurance coverages.
Endorsements shall be obtained for the policies providing
the above insurance for the following three provisions:
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(i) Additional Insureds:
"The City of Costs Mesa and its elected and
appointed boards, officers, agents, volunteers and employees are
additional insureds with respect to this subject project and
contract with CITY. "
(ii) Notice:
"Said policy shall not terminate, nor shall it
be canceled, nor the coverage reduced, until thirty (30) days after
written notice is given to CITY. "
(iii) Other Insurance:
"Any other insurance maintained by the City of
Costa Mesa shall be excess and not contributing with the insurance
provided by this policy. "
The policy limits on all the above shall be not less than
$500, 000, combined single limits, per occurrence and aggregate.
10 . INDEMNITY.
(a) DISTRICT shall protect, defend, indemnify and hold
harmless CITY and its elected and appointed boards, officers, and
employees from any and all claims, liabilities, expenses, or
damages of any nature, including attorney fees, for injury to or
death of any person, and for injury to any property, including
consequential damages of any nature resulting therefrom, arising
out of or in any way connected with any intentional misfeasance or
nonfeasance, or negligence in the performance of this Lease by act
or omission, by or on behalf of DISTRICT.
(b) CITY shall protect, defend, indemnify and hold
harmless DISTRICT and its elected and appointed boards, officers,
and employees from any and all claims, liabilities, expenses, or
damages of any nature, including attorney fees, for injury to or
death of any person, and for injury to any property, including
consequential damages of any nature resulting therefrom, arising
out of or in any way connected with any intentional misfeasance or
nonfeasance, or negligence in the performance of this Lease by act
or omission, by or on behalf of CITY.
11. ASSIGNMENT.
DISTRICT shall not voluntarily or by operation of law
assign, transfer, sublet, mortgage, or otherwise transfer or
encumber all or any part of DISTRICT'S interest in this Lease or in
the PREMISES without CITY'S prior written consent. Any attempted
assignment, transfer, mortgage, encumbrance, or subletting without
such consent shall be void and shall constitute a breach of this
Lease and cause for termination of this Lease.
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Regardless of CITY' S consent, no subletting or assignment
shall release DISTRICT of DISTRICT'S obligation to pay the rent and
to perform all other obligations to be performed by DISTRICT
hereunder for the term of this Lease.
12 . DEFAULT.
(a) The occurrence of any one or more of the following
events shall constitute a default and breach of this Lease by
DISTRICT:
(1) Failure to pay rent when due, if the failure
continues for five (5) days after written notice has been given to
DISTRICT.
(2) Abandonment and vacation of the PREMISES
(failure to occupy the PREMISES for fourteen (14) consecutive days
shall be deemed an abandonment and vacation) .
(3) Failure to perform any other provision of this
Lease if the failure to perform is not cured within thirty (30)
days after written notice thereof has been given to DISTRICT by
CITY.
Notices given under this paragraph shall specify the
alleged default and the applicable lease provisions, and shall
demand that DISTRICT perform the provisions of this Lease or pay
the rent that is in arrears as the case may be, within the
applicable period of time. No such notice shall be deemed a
forfeiture or a termination of this Lease unless CITY so elects in
the notice.
(b) CITY shall have the following remedies if DISTRICT
commits a default under this Lease. These remedies are not
exclusive, but are cumulative and in addition to any remedies now
or hereafter allowed by law.
CITY may, at its option, terminate DISTRICT' S right
to possession of the PREMISES at any time. No act by CITY other
than giving thirty (30) days written notice to DISTRICT shall
terminate this Lease. In the event of such termination, CITY has
the right to recover from DISTRICT the worth, at the time of the
award, of the unpaid rent that had been earned at the time of the
termination of this Lease and any other amount, including, but not
limited to court costs, and attorney's fees necessary to compensate
CITY for the eviction of DISTRICT and all detriment and damages
proximately caused by DISTRICT' S default.
13 . SIGNS.
DISTRICT shall not have the right to place, construct or
maintain any sign, advertisement, awning, banner, or other exterior
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decorations on the building or other improvements that are a part
of the PREMISES without CITY'S prior, written consent.
14 . SURRENDER.
(a) On the last day of the term hereof, or on any sooner
termination, DISTRICT shall surrender the PREMISES to CITY in good
condition, broom clean, ordinary wear and tear accepted. DISTRICT
shall repair, at its sole cost, any damage to the PREMISES
occasioned by its use thereof, or by the removal of DISTRICT'S
trade fixtures., furnishing and equipment which repair shall include
the patching and filling of holes and repair of structural damage.
DISTRICT shall remove, at its sole cost, all of its personal
property and fixtures on the PREMISES prior to the expiration of
the term of this Lease and, if required by CITY pursuant to
Paragraph 9 , above, any alterations, improvements or additions made
by DISTRICT to the PREMISES. If DISTRICT fails to surrender the
PREMISES to CITY on the expiration of the Lease as required by this
paragraph, DISTRICT shall hold CITY harmless from all damages
resulting from DISTRICT'S failure to vacate the PREMISES,
including, without limitation, claims made by any succeeding tenant
resulting from DISTRICT' S failure to surrender the PREMISES.
(b) In the event CITY determines that DISTRICT'S use of
the PREMISES constitutes a violation of law, a nuisance or waste,
DISTRICT shall surrender the PREMISES on three (3) days written
notice, and DISTRICT shall hold CITY harmless from all damages
resulting from CITY'S efforts to abate such activities.
15 . HOLDING OVER.
If DISTRICT, with CITY'S consent, remains in possession
of the PREMISES after the expiration or termination of the term of
this Lease, such possession by DISTRICT shall be deemed to be a
tenancy from month-to-month at a rental in the amount of the last
monthly rental plus all other charges payable hereunder, upon all
the provisions of this Lease applicable to month-to-month tenancy.
16 . NOTICES .
Any demand, notice or declaration provided for under this
Lease shall be in writing and served either personally or sent by
registered or certified United States mail , postage prepaid,
addressed to the parties as set forth below:
CITY DISTRICT
City of Costa Mesa Costa Mesa Sanitary District
Attn: City Manager Attn: Florine T. Reichle, Clerk
77 Fair Drive 77 Fair Drive
Costa Mesa, CA 92628-1200 P. O. Box 1200
Costa Mesa, CA 92628-1200
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Such notice shall be deemed to be received within forty-
eight (48) hours from the time of mailing, if mailed as provided
for in this paragraph.
17 . INSPECTIONS.
CITY shall have the right to enter the PREMISES at
reasonable times for the purpose of inspecting same and making such
alterations, repairs, improvements or additions to the PREMISES or
to the building of which the PREMISES are a part as CITY may deem
necessary or desirable.
18 . WAIVERS.
No waiver by CITY of any provision hereof shall be deemed
a waiver of any other provision hereof or of any subsequent breach
by DISTRICT of the same or any other provision. CITY'S consent to
or approval of any act shall not be deemed to render unnecessary
the obtaining of CITY'S consent to or approval of any subsequent
act by DISTRICT. The acceptance of rent hereunder by CITY shall
not be a waiver of any preceding breach by DISTRICT of any
provision hereof, other than the failure of DISTRICT to pay the
particular rent so accepted, regardless of CITY'S knowledge of such
preceding breach at the time of its acceptance of such rent.
19 . PRIOR AGREEMENTS.
This Lease constitutes the entire agreement between the
parties with respect to any matter referenced herein and supersedes
any and all writings and oral negotiations. This Lease may be
modified only in writing, and signed by the parties in interest at
the time of such modification. The terms of this Lease shall
prevail over any inconsistent provision in any other contract
document appurtenant hereto.
20 . SEVERABILITY.
The unenforceability, invalidity, or illegality of any
provision of this Lease shall not render the other provisions
hereof unenforceable, invalid or illegal.
21. TERMINATION.
Except as provided in Paragraph 15 (b) , either party may
terminate this Lease by giving the other written notice no fewer
than thirty (30) days in advance of such termination and in
accordance with the provisions for giving notice as set forth in
Paragraph 17 .
Further, this Lease shall terminate if the PREMISES are
totally or partially destroyed, rendering the PREMISES totally
inaccesible or unusable for the purpose leased due to causes
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commonly characterized as "an Act of God" as defined in California
Civil Code Section 1511 et seq. and not caused by any negligent or
willful act of DISTRICT.
IN WITNESS WHEREOF, CITY, )by order of its City Council, has
caused this Lease to be executed on its behalf by the City Manager
of said City, and DISTRICT has caused this Lease to be executed by
its officers. // , //
DATED THIS /y 'i day of G( r.�- , 19 N.
CITY OF COSTA MESA
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City Council Approved On:- By:
Mayor
COSTA MESA SANITARY DISTRICT
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APPROVED AS TO FORM:
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City Attorney
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