HomeMy WebLinkAbout16 LEASE YOUTH CTR. 02-05-01AGENDA RE ' RT
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"' MEETING DATE'
NO. 16
02-05-01
TO'
FROM'
SUBJECT:
FEBRUARY 5, 2001
WILLIAM A. HUSTON, CITY MANAGER
PARKS & RECREATION SERVICES DEPARTMENT
ASSIGNMENT OF LEASE AT THE TUSTIN FAMILY & YOUTH CENTER
RECOMMENDATION'
ApprOve the staff recommendation to assign the lease of interior space at the Tustin Family &
Youth Center to the Tustin Community Foundation.
FISCAL IMPACT:
No fiscal impact; the terms and conditions of the original leaSe remain in effect.
BACKGROUND'
On May 1,1997 the Tustin Community Redevelopment Agency entered into a Lease Agreement.
With the Children's Bureau of Southern California (CBSC). Whereby CBSC, as the lead agency
for Tustin Acts For Family and Youth (TAFFY), leased tenant space at the Tustin Family &
Youth Center to provide neighborhood educational and social services. Subsequently in
November 1999 the Redevelopment Agency transferred ownership of the property, and all
provisions of the Lease, to the City of Tustin.
Pursuant to terms of the Lease .Agreement CBSC desires to assign the Lease to .the Tustin
Community Foundation. TAFFY will continue to be the service provider while the Foundation
will be the lead fiscal agent. The Assignment of Lease is subject to City Council approval.
SUMMARY:
An Assignment of Lease at the Tustin Family & Youth Center is required because the Tustin
Community Foundation has taken over as lead agency for TAFFY from CBSC. Staff is satisfied
that the Assignment of Lease will not adversely effect the delivery of vital services to the
residents of southwest Tustin. The City Council may complete the Lease transfer by approving
t~~)ched Assignment by Resolution.
Patrick Sanchez
Director of Parks & Recrea ~on
Attachments'
ASSlGNTFYC.DOC
Resolution No. 01-06
Assignment of Lease Agreement
Lease Agreement
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RESOLUTION NO. 01-06
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, APPROVING THE ASSIGNMENT OF THE LEASE AGREEMENT
AT THE TUSTIN FAMILY & YOUTH CENTER.
WHEREAS, on May 1, 1997; the Tustin Community Redevelopment Agency
("Agency") and Children's Bureau of Southern California ("CBSC") entered into a Lease
Agreement to lease tenant space at the Tustin Family and Youth Center (the "Lease");
and
WHEREAS, in November 1999 the Agency transferred ownership of the Tustin
Family & Youth Center, and all provisions of the Lease, to the City of Tustin, and
WHEREAS, section 17.0 of the Lease prohibits assignment of the Lease "without
the prior consent of the City, which consent shall not be unreasonably withheld;" and
WHEREAS, The Tustin Community Foundation desires to assume all of CBSC's
rights and obligations under the Lease;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Tustin, California does hereby resolve,, declare, determine and order as follows'
·
That the Tustin Community Foundation is capable of performing under
terms of the Lease as well as CBSC.
.
That the Assignment of Lease Agreement, attached hereto as Exhibit "A,"
is hereby approved, and shall become effective upon the notarized
signature of a duly authorized corporate officer of the Tustin Community
Foundation.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
stin held on the 5th day of February 2001.
Tracy Wills Worley, Mayor
ATTEST'
Pamela Stoker, City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CiTY OF TUSTIN )
SS
CERTIFICATION FOR RESOLUTION NO. 01-06
PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of
Tustin, California, does hereby certify that the whole number of the City Council of the
City of Tustin is five; that the above and foregoing Resolution No. 01-06 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 5th day
of February, 2001, by the following vote'
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
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COUNClLMEMBER ABSENT:
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Pamela Stoker, City Clerk
CITY OF TUST1N
CERTIFICATE Or-. ,,~SIJRANCE AND DESIGNATION OF NAMED ADDITIONAL INSURED
TO:
NO MODIFICATIONS OR ADDITIONS MA Y BE MADE TO THIS FORM
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CITY OF TUSTIN
P:O. Box 3539
Tustin, CA 92681-3539
NAME AND ADDRESS OF INSURED CONTRACTOR:
Tustin Community Foundation
P.O. Box 362
~Jstin, CA 92781
NAME AND ADDRESS OF INSUP~&NCE AGENCY:
~obert F. Driver Associates
P.O. Box 6450
Newport Beach, CA 92658-6450
PROJECT:
·
COMPANIES AFFORDING COVERAGE
· ,,, _!_.MUST HAVE BESTS RATING OF AT LEAST A, V_!Q
Company Letter A: SPECIALTY HATIONAL TNSURANC~ CO.
Company LePer B: SPFZTIALTY NATIONAL INSURANCE CO.
__
CsmpanyLette[C: STATE COMPenSATION INSUPJ~NCE FUND
Company Letter D:
Gompany L~tter E:
Company Letter F:
(Kemoe
( Kempe
Type of Insurance
GENERAL LIABIUTY
[kl Commercial
General l~iability
· IX] Occurrence Basis
IX] Owner's & Contractors"
Protective
·
[X] Broad Form Prop. Damage
[ ] Explosion, Collapse,
Underground Hazards
'C jWORKERS' COMPENSATION 5945o~,__00
AND EMPLOYER'S LIABILITY
~ .. - , , t ~ , .1,
~- , OTHER .
De~fiption of Opom~n~Lomtion~ehi~S~ial ~ems:
Policy Number
3XZ12077800
~Z1207~800
9/7/00
Pn~icy
Effective Date
7/1/00
7/1/00
Policy
Expiration Date
7/1/01
7/1/01
9/7/01
.
Prods-Comp/Cps Agg.
_ , ,
Perm & Advg. Injury
i ._Each Occurrence_.
(Any One Fire)
~ Medical Expense
./ (An.y One Person)
_ __ ,
CSL
Bodily Injury
(Per Person)
, ,.-
Bodily Injury
(Per Occurrence)
_
_
Property
.. _
EACH OCCURRENCE
,. _ _
-STATUTORY ¥
SI_. r~ 0 0, r) 0 0 Each Accident
,~._; 0(~0,00ri Disease-Policy Limit
000_, 00-0 Disease-Each Employee
All Limits In Thousands
General Aggregate I $_.N/A._ _.
$1., ¢)n0,0Qn
$ · ...::..:.
$ 50,000
$ ,N,/A
$!, 000,00~0
AGGREGATE
$
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is c~.'~ that a wak, er ~f subrogation' is her~y issued to th~- City of Tusfin as pertains to the terms of all Workers Compensation insu~a'n~'.
h~ issuing company will give thirty (30) deys written notice to the City of Tustin prior to modification or cancellation.
ATE ISSUED: January 12, 2001 /'~~~~ ~
~Uthorized R~l~msentative of the above-nam_~d insurance C°mpany(ie~i
shal[ be primary with respect to any other insurance in force procured by City.
__ _
. . _ - -. __. ill, · -
This certifies that the policies of insurance listed below have been issued to the Insured name above, are in force at this time, that the City of
Tustin is named as an additional insured thereon as respects claims adsing in connection with the Project named above and that such insurance
ASSIGNMENT OF LEASE
,,
This Assignment of Lease ("Assignment").is made as of January _____, 2001
between the Children's Bureau of Southern California ("CBSC"), a California nonprofit
public benefit corporation ("Assignor"), and the Tustin Community Foundation, a
California nonprofit public benefit corporation ("Assignee").
RECITALS
A. The Tustin Community Redevelopment .Agency, a municipal
corporation ("Agency"), is. the former owner of the Tustin Family and Youth Center
located at 14722 Newport Avenue, Tustin, California ("Subject Property").
B. Pursuant to Government Code section 37396, Agency previously
leased tenant space at the Subject Property to the Children's Bureau 'of Southern
California for the provision, of services consistent with public park, recreation, and
community services purposes.
C. On May 1, 1997, Agency and the Children's Bureau of Southern
California entered into a Lease Agreement, whereby CBSC leased tenant space at
the Subject Property from Agency for the purpose of Providing systems integration for
the coordination of educational and social services ("Lease"), a copy of which is
attached hereto and incorporated herein by reference as Exhibit "A".
D. in November 1999, Agency authorized Resolution No. RDA 99-2, which
approved: transferring the Subject Property to the City of Tustin, a municipal
corporation ("City"); Quit Claim Deed conveyance of the Subject Property to the City;
and assignment of the Lease to the City, and the Agency executed the Quit Claim
Deed, pursuant to Government Code section 33430, conveying any and all interest in
the Subject Property to the' City. Copies of RDA No. 99-2 and the Quit Claim Deed
are attached hereto and are incorporated herein by reference as Exhibit "B".
E. By operation of RDA No. 99-2 and the Quit Claim Deed, the City, as
successor-in-interest, became the fee owner of the Subject Property ("Landlord") and
the lessor under the Lease ("Lessor"), and the change in ownership did not affect the
provisions of the Lease.
F. Pursuant to section 17.0 of the Lease, Assignor desires to assign the
Lease to Assignee, and Assignee desires to accept the assignment of the Lease
from Assignor and assume all obligations under the Lease, subject to approval of this
Assignment by the Tustin City Council.
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NOW, THEREFORE, for good and valuable consideration, the receipt and
adequacy of which are acknowledged, Assignor and Assignee agree as follows'
Section 1. Assiqnment
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Subject to approval of this Assignment by the Tustin City Council, Assignor
assigns and transfers to Assignee all rights, interest, and obligations in the Lease
and Assignee accepts from Assignor all rights, interest, and obligations in the Lease,
subject to the terms and conditions set forth in this Assignment.
Section 2. Assumption of LeaSe Obligations
Subject to approval of this Assignment by the Tustin City Council, Assignee
assumes and agrees to perform and fulfill ali the terms, covenants, conditions, and
obligations required to be performed and fulfilled by Assignor as lessee under the
Lease, including the making of all payments due to or payable on behalf of the City.
under the Lease as they become due and payable.
Section 3. Assiqnor's Covenants
Assignor covenants that the copy of the Lease, attached hereto as Exhibit "A",
is a true and correct copy of the Lease as is currently in effect and that there exists
no other agreement or agreements affecting Assignor's tenancy under the Lease.
Section. 4~ Litigation Costs
If any litigation between Assignor and Assignee arises out of this Assignment
or concerning the meaning of interpretation of this Assignment, both Assignor and
Assignee agree to indemnify and hold harmless the City.
Section 5.
Indemnification
Assignor agrees to indemnify Assignee from and against any loss, cost, or
expense, including attorneys' fees and court costs relating to the failure of Assignor
to fulfill Assignor's obligations under the Lease, 'and accruing with respect to the
period on or prior to the date of this Assignment. Likewise, Assignee agrees to
indemnify Assignor from and against any loss, cost, or expense, including attorneys'
fees and court costs relating to the failure of Assignee to fulfill obligations under the
Lease, and accruing with respect to the period subsequent to the date of this
Assignment.
Section 6. Successors and Assi_~ns
This Assignment shall be binding on and inure to the benefit of the parties to it,
their heirs, executors, administrators, successors in interest, and assigns.
Section 7. Governinq Law
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This Assignment shall be governed by and construed in accordance with
California law.
IN WITNESS WHEREOF, the parties hereto have executed this Assignment of
Lease on the' day and year first written above.
ASSIGNOR:
Dorothy Nie. to M~nzer '~
Director of ~ Abuse Prevention Services
Children's Bureau of Southern California
50 South Anaheim Boulevard, Suite 241
Anaheim, California 92805
ASS NEE:
R°be'~ Kiley, Executive Director
Tustin Community Foundation
Post Office Box 362
Tustin, California 92781
CONSENT OF LANDLORD
The undersigned City, as Landlord under the Lease, hereby consents to this
Assignment of the Lease to Assignee, provided however, that notwithstanding this
Assignment and the undersigned's consent to this Assignment, Assignor shall remain
primarily obligated as tenant under the Lease and the undersigned does not waive or
relinquish any rights under the Lease against Assignor or Assignee.
CITY OF TUSTIN'
Tracy Wills Worley, Mayor
Attest:
Dated'
Approved as to form:
Beverley White
Chief Deputy City Clerk
Lois E. Jeffrey
City Attorney
ORIGINAL
LEASE AGREEME~ BETWEEN
THE TUSTIN COM/vIUN1TY REDEVELOPMENT AGENCY AND
C__H!!~D~N'S BUREAU OF SOU~RN CALIFORNIA
This Lease is made and entered into on this /~.. day 0f~~, 1997, by and betw~m
the Tustin Community Redevelopment Agency, a municipal corporafi~)~' hereinafter referred to as
"Agency", and Children's Bureau of Southern California (CBSC), a California nonprofit .public bene~
corporation, hereinafter referred to as "Lessee." ...
RECITALS
A. Agency is the owner of the Tustin Family and Youth Center (the "Property"), located
at 14722 Newport Avenue, Tustin, Calffo~ and depicted on Extn~it
"A" attached hereto and incorporated herein by this reference; and _
B. Agency is authorized by the provision of Government Code Section 37396 to lease
Agency property for the provision of services consistent with public park, recreation, and community
services purposes; and '
C: Lessee desires to lease tenant space from Agency at the Property for the propose of
providing systems integration for the coordination of educational and.social services.
D. Agency desires t° lease tenant space to Lessee at the Tustin Family and Youth Center
for such purposes in accordance with the ten~ and cOnditions set forth in this Lease.
NOW, THEREFORE, in consideration of the mutual covenants, promises and conditions set
forth herein, the parties hereto agree as follows'
AGREEM~ENT
,
1.0 Premises.
1.1 The Premises which are the subject of this ~e consist of an approximate fiye
hundred forty-three (543) square foot interior portion of the Property. The site plan for the.Property is
shown in Exhibit "B", attached hereto and incorporated herein by this reference. 'The Premises being
leased hereunder, are specifically demarcated on Extn~it "C", attached hereto and incorporated herein
by this reference.
1.2 Agency hereby leases to CBSC and CBSC hereby leases from Agency, the Premises,
upon the terms and conditions set forth in this lease.
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February 3, 1997'
LEASE AGREEMENT BETWEEN
TUSTIN COMMUNITY REDEVELOPMENT AGENCY AND
CHILDREN'S BUREAU OF SOUTHERN CALIFORNIA
Page 2
1.3 Lessee has inspected and accepts Premises in their present condition and makes no
demand on Agency for any improvements or alteration thereof.
1.4 The title to Premises and any improvements thereon, present or future, shall remain in
Agency or Agency's successor or assignee. Lessee agrees never to assail, contest or resist said title.
2.0 Term and .C..o _rnmenc,~. e..nt.
2.1 The ierm 'of rids Lease shall be for a period of five (5) years commencing .on the first
day of the calendar month following the issuance ofa '2qofice to Occupy PremiseS"by th6 Agency.
2.2 Lessee may apply for an'extension of the term of this Lease for two (2) successive term
of five (5) years each; provided that the Lease has not been terminated, and no late~ than sixty (60)
days prior to the expiration, date of the original term of this Lease, or the expiration date of an
extension of this lease, Agency receives a writtm request therefor, signed by Lessee.
2.2.1 Agency shall have the eXclusive discretion and r/gl=, as a condition of
approving said extension, to renegotiate the terms of this Lease, including, but not
limit~ to, base rents, common area charges, and required tenant improvemems.
2.2.2 Lessee's option to extend this Lease may be denied by Agency based on any of
the fonowing factors:.
(1).
Lessee is in default of the terms of this Lease;
(2). Lessee has not received satisfactory performance evaluations
from Agency as set forth in Paragraph 9 of this Lease; or
(3)..
Auy o fLessee's licenses have been terminated or revoked.
2.3 Possession of the Premises, including all stru~es, buildings and/or improvements
thereon, shall be surrendered by Lessee to Agency immediately upon term/nation of this Lease.
2.4 In the event Lessee holds over beyond' the term herein provided with the express or
implied consent of Agency, such holding over shall be on a month-to-month basis, subj .ect to all the
terms and conditions of this ~e, and at the monthly compensation provided herein. Such holding
over shall not be construed as a renewal of this Lease.
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February 3, 1997
LEASE AGREEMENT BETWEEN
TUSTIN COMMUNITY REDEVELOPMENT AGENCY AND
CHILDREN'S'BUREAU OF SOUTHERN CALIFORNIA
Page 3
2.5 This Lease may be terminated prior tO the expiration of its term by mutual written
agreement of the parties or as provided in Paragraph 21. .
Permitted Uses and Hours of Operation of Premises.
.
' 3.1 The Premises shall be used only and exclusively for the following and/or licensed ch/Id
care program purposes:
3.1.1 The provision of systems integration for the coord/nation of educational and
social services pro~as; and/or
3.1.2 Such other purposes as are rehted to either of the above, provided express
written approval for such "rehted purposes" is given by Agency.
· 3.2
prohibited.
Use of the Premises for human habitation or any other purpose whatsoever is
3.3 Lessee shall submit to Agency for approval,, a proposed schedule setting forth hours
and days of operation for the business. The proposed schedule shall be submitted within .ten (10) days
after Agency issues a '2qofi~ to Occupy Premises". Lessee shall comply with the schedule approved
by Agency Unless prior writt~ authorization to deviate from the schedule has been obtained from
Agency.
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4.0
Tenant Improvements.
4.1 .. Lessee may conSm~ct upon the Premises, at Lessee's sole expense, such additions or
alterations as are necessary for Tenant's operations, (collectively the "Improvements") in accordance.
with the provisions set forth in this Paragraph 4.
4.2 Lessee shall prepare a written Improvement Plan, which shall describe the proposed
improvements, their estimated costs, and projected time frame for commencement and completion of
the Improvements. The Improvements shall comply with applicable City codes and the requirements of
state law.
4.3
the following:
Prior to the commencement of constm~on of the Improvements: Lessee shall do all of
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February 3, 1997
LEASE AGREEMENT BETWEEN
TUSTIN COMMUNITY REDEVELOPMENT AGENCY AND
CHILDREN'S BUREAU OF SOUTHERN CALIFORNIA
Page 4
4.3.1 Obtain Agency's written approval of all plans, specifications and time frame for
completion; and
4.3.2 Obtain all applicable permits and licenses; and
4.3.3 'Comply with any terms and conditions as may be imposed on it by Agency
regarding such Improvements.
4.4 No modification of approved plans, specifimtions, or time flame shall be made by
Lessee without prior written approval by Agency.
4.4.1 Any delay in construction of the Improvements due to fire, earthquake, war,
hbor dispute or other events without the fault and beyond the control of Lessee shall
extend the time flame in wkich said construction must be completed by the length of
such delay..
4.5
Improvements.
Lessee shall permit the Agency to inspect the Premises during constm~ion of the
4.6 Lessee may undertake add/dona/ Improvements to the Premises subject to the
requirements of this Paragraph 4.
4.7 Ownership Of the Premises and all Improvements, additions, alterations or changes
constructed upon Premises shall imme~tely vest and remain vested in Agency, without compensation
being paid therefor by Agency.
4.8 Lessee shall construct, perform, complete and maintain all Improvements in a good and
workmanlike manner and with high quality material.q, and shall fia'dsh all tools, equipment, labor and
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material necessary to perform and to compl~e same.
4.9 Agency has the right to require, during any period of constru~on of Improvements,
that Lessee provide a performance and/or payment bond in an amouni of not less than one hundred
percent (100%) of the costs for the constm~on to be performed, as det~ed in the Improvement
Pro~m'am, payable to the City of Tustin and executed by a surety admitted in the State of Califom/a.
4.9.1 Said bond(s) shall be maintained in full force and effect by Lessee until
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February 3. 1997
· . :-.
LEASE AGREEMENT BETWEEN
TUSTIN COMMUNITY REDEVELOPMENT AGENCY AND
CHILDREN'S.BUREAU OF SOUTHERN CALIFORNIA.
Page 5
Improvements have been compl~ and accepted by the Agency.
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4.9.2 If Lessee completes the required Improvements in accordance with the
Improvement Program, then surety shall no longer be bound.
4.9.3 Lessee' may elect, in. lieu of said bonds, to deposit with Agency cash or United
States Government.. securities .in all respects satisfactory to Agency's attorney. Said
cash_ or s~ies shall be deemed deposited with Agency to secure full and satisfactory
perI0nnance of the pr/ncipal obligations heretofore descntx~ for which surety may be
r~uired, and shall be released upon satisfactory performance thereof, a~ evidenced by
written acceptance by Agency and the unconditional release of mechanics lien~ by all
claimants. In lieu thereof, Lessee may deposit the required mount in a .bank or other
financial institution whose deposits are federally insured, provided the account is made
payable to Agency On demand and the Cex~cates of Deposit are delivered to Agency.
Lessee shall be entitled to all interest on the deposit and to the remm of the Certificate
of Deposit upon satisfactory performance as heretofore defined.
4.10
following:
Upon completion of Im~ovements, Lessee shall finnish Agency with all of the
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4.10.1 One (1) complete set of as-built construction draWings on Mylar or its
equivalent,-including all circuit bre~ers, mechanical equipment, SWkches, plumbing
and fire sprinkler section and main valves plainly labeled with a master index of same;
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4.1.0.2 Operating manuals for tx~ding equipment and systems;
4.10.3 Copies of all written warranties.
4.11 Upon completion of Improvements in a manner satisfactory to Agency, Agency shall
provide Lessee with written acceptance of Improvements. '
4.12 Upon termination of this Lease, Lessee shall assign to Agency all express warranties
fiauished by other persons in connection with the construction and installation of the Improvements.
4.13 Upon written request of Agency, Lessee shall obtain such insurance coverage as
Agency deems reasonably necessary for said Improvement Pro,m-am.
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February 3, 1997
LEASE AGREEMENT BETWEEN
TUSTIN COMMUNITY REDEVELOPMENT AGENCY AND
CHILDREN'S BUREAU OF SOUTHERN CALIFORNIA
Page 6
5.0 Rent.
5.1 Lessee shall pay to Agency a minimum annual rent of $1,753 ("Base Rem".) One-
twelt~h (1/12) of the Base Rent shall be payable monthly, in advance, on the first day of each month.
5.2 After the expiration of the first full year of the initial term of this Lease and each year.
thereatter on the anniversary of the Lease commencement date, Agency shall notify Lessee of any
adjustmeut in the Base Rent.
5.2.1 The adjusted Base Rent shall be calcn~ted as follows:
Base Rent for the prior fiffi year multiplied by the lesser of
(a) The increase in the Commmer Price Index for All Urbm
Consumers, Ail Items, (base year 1982-1984 equals 100) for
the Los Angeles/Anah~ Rive~ide geographical area, as
compiled by the United States Department of Labor for the
immediately preceding year; or
(b) 'Four percent (4%).
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5.2.2 If said Consumer Price Index ceases to exist, the parties shall substitute any
offi~ index published by the Bureau of Labor Statistics, of successor or similar
govemInental agency, as may then be in existence and shall be most nearly equivalent
thereto. If any such rental adjustment canuot be .computed as of a rent adjustment
date, Lessee shall continue to pay the Base Rent theretofore payable until such rental
adjustment can be corr~uted, at which time an appropriate adjustment' shall be made.
5.3 Rent shall be payable at the office of the Agency's Executive Director at 300 Centennial
Way, Tustin, California 92780-1089, or at .such other place or places as Agency from time to time my
designate by w~en notice to Lessee delivered on or before the 15th' day of the month,, to be effective
with the next month's payment.
5.4 Rent and other sums due Agency Under this Lease shall be due as specified in this
Lease and shall bear interest at the rate of seven percent (7%) per annum until paid, if not paid within
ten (10) calendar days after the date on which the payment is due. In no event, however, shall any such
interest charges exceed the maximum mount permitted by law. Any reuaued checks will be assessed
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February 3. 1997
LEASE AGREEMENT BET1NEEN
TUSTIN COMMUNITY REDEVELOPMENT AGENCY AND
CHILDREN'S BUREAU OF SOUTHERN CALIFORNIA
Page 7
the maximum fee for reuaued checks permitted by state law. In addition, the interest charge shall be
added to the returned check charge unless the rephcement payment is made within ten (10) calendar
days of the date on which payment was due.
6.0 Common Areas.'
6.1 The common areas of the Property (collectively "Common Areas") shall consist of the
parking areas, walkways, driveways, landscaped areas, reception area, lounge, corridors, public
restrooms, work area, custod/an room, and all other areas except the Premises and other leas~ areas
of the txn~ding. Common Areas are specifically demarcated on Exh~ "D".
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6.2 Common Areas shall be for the joint use of all tenants, their licensees, customers,
invitees, suppliers, employees and vottmteers. Agency hereby grants to Lessee the nonexclusive fight
to use Common Areas.
6.3 Agency shall keep and maintain Common Areas in good order, condition and repair, at
Agency's sole expense, subject to reimhn~ement by Lessee of its promta share thereof as provided in
Paragraph 6.5, below.
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6.4 Agency shall retain sole and exclusive control of Common Areas and shall have the
fight to do the following:
6.4.1 Establish and enforce reasonable, rules and regulations applicable to all lessees
concerning the maintenance, management, use, and operation of Common Areas;.
6.4.2' Tempor~y close any Common Areas to'perform ma/ntenance or to prevent a
dedication of any Common Areas or the actual of any rights of any person or of the
public in Common Areas;
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6.4.3 Determine the nature and extent of Common Areas md make such changes'
thereto as Agency deems desirable;
6.4.4 Select an independent operator to maintain and operate any Common Areas if,
at any time, Agency determines that the best interests of'the lessees will be served by
doing so. Agency shall have the fight to negotiate and enter into a contract with such
operator on such terms and conditions and for such period of time as Agency deems
reasonable and proper, both as to service and as to cost:
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February 3. 1997
LEASE AGREEMENT BE'BNEEN
TUSTIN COMMUNITY REDEVELOPMENT AGENCY AND
CHILDREN'S BUREAU OF SOUTHERN CALIFORNIA
Page 8
6.5 Lessee shall pay to Agency, as additional rent, Lessee's prorata share of the expenses.
incurred by Agency for maintenance and operation of c, erta_in Common Areas, including, without
limitation, the cost of the following: cleaning; sweeping; utilities; security systems; janitorial Services;
exterior and interior lighting;' installation of directional signs and markers; car stops; parking lot'
restriping, sealing'and repaying; insurance premiums on Premises; inmrance premiums on Common
Areas and other areas of the Property; fire detectors and sprinkler systems; real property taxes and
assessments; and an administrate fe6 equal to ten percent (10%) of the total of such costs.
6.5.1 Lessee's prorata Share shall be that fraction~ part of the total/)f such costs
which the square footage ofPrem/ses bea~ to the total square footage of gross leasable
space on the Property, as determined by Agency.
6°6
6.5.2 Agency and Lessee agree that. Lessee's p~orata share.upon commencement of
the ~e is 9.13% of the 5,934 square foot t~ding. This prorata share shall be
adjusted from time to time based on. changes in the Lessee's square footage o'f leased
Premises and changes in the lea~ble square footage of the Property.
o
Lessee's prorata share of Common Area costs shall be Payable as follows:
6.6..1 From and 'after the commencement date of this Lease, but subject to
adjustment as provided below in Paragraph 6.6.2, .Lessee shall pay to Agency on or
before the first (lst) day of each calendar month, dta/ng the term of the Lease, the
mount billed to Lessee, which amount shall be a reasonable estimate of Common Area
costs° Estimated Common Area charges for the first year of the lease shall be prepaid.
6°6.2 Within a reasonable _time following the end of each calendar year during the
term of this Lease, Agency shall furnish Lessee a statement covering the prior calendar
year showing the areal expenses incurred in connection with Common Areas,. the
actual amount of Lessee's prorata share thereof, and the payments made by Lessee:
Lessee shall promptly pay its prorata share of such expenses which exceeds its
payments for that prior calendar year withiu 30 days of billing, or, ffLessee's payments
exceeded its prorata share of such expenses, Agency shall promptly refund the excess.
7.0
Maintenance of Premises.
7.1
Lessee shall~ at its sole cost and expense during the term of this Lease, keep and
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mainta~ the Premises and all Imtxovements, ~es, and equipment thereon, in good, operable, usable
and sanitary order and repair, and. in a good, safe and first-class condition, providing for such repairs,
replacements, ret~ding and restoration as may be required by Agency to comply with the
requirements of this Lease.
7.1.1 Lessee, shall fiauish ail necessary equipment, supplies and mater/al of good
quality and insufficient quantity to fiflfill the requirements ofth/s Lease and to ma/ntain
an amble and professional level o fmaint~ce.
7.1.2 Any repairs, replaceme~, reb~ding, restoration and/or any mr~difications or
additions to Premises shall have the prior wrkten approval of Agency..
7.2 Lessee shall keep Premises free and clear of rubbish and litter and shall deposit rubbish
and litter in designated trash comaineu-s. No offensive matter or refuse or substance constituting an
unnecessary, unreasonable, or unlawful fire. hazard, or material dea/mental to the public health shall be
permitted to remain on Premises and Lessee shall prevent any accum~fion thereof from ocamSng..
The charge for rubbish removal shall be included in Common Area costs.
7.3 Should Lessee fail, after ten (10) days notice from Agency of the need thereof, to
perform itg obligations required under ~is Paragraph 7, Agency, in addition to all other available
remedies may exercise its fight of entry as provided in Paragraph 20. ·
7.4 All work performed under this Paragraph 7 shall be performed in accordance with the
highest industry-wide standards at a. frequency sufficient to maintain the aesthetic level and proper
condition of Premises.
7.5 Agency has the right to conduct regularly scheduled maintenance inspections of
Premises. A written report of such ktspe~on shall be recorded, reta/ned for reference, and forwarded
to Lessee upon request.
'7.6 Lessee shall provide Agency with the names and telephone numbers of at least two (2)
qualified persons who can be contacted by Agency representatives when emergency maintenance
conditions occur dumg the hours when Lessee's normal work force is not present. Agency shall call
for such ashsmnce o~y in the event of a genuine and substantial emergency.
7.7 Agency shall be respons~le for the maintenance and repair of the exterior of all
stm~es on the Property, except to the extent Agency fiu~ Lessee is responsible for damage to such
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suu~res or as otherw/se provided in this .Lease. In those cases, Agency shall have the option of either
requiring Lessee to repair the damage, or repaking the damage itself and charging Lessee for the cost
of such repair, in which case, Lessee shall promptly reimburse Agency for such costs.
8.0
Operating Responsibilities.
8.1 Lessee shall operate and manage Premises in a first-class manner, comparable to other
first-class businesses providing similar s~rices.
8.2 Lessee shall conform to and abide by ail applicable City and County OrdJmnces and all
State and Federal laws and regulations; Shall conform to and abide by all applicable roles and
regulations of Agency; and shall obtain all required permits and licenses necessa~ for the operation of
its business..
8.3 Lessee shall exercise every reasonable effort to prevent loud, boisterous or disorderly
persons from loitering about Premises.
8.4 Lessee shall not knowingly permit any illegal activities to be conducted upon Premises.
8.5 Lessee may, at its own expense, place signs upon Premises or Improvements subject to
the prior written approval of Agency. The placement of such signs shall comply with Tustin City Code
Sections 8600 et seq. and 9400 et seq. All si~ge placed upon the Prern~es or Improvements by
Lessee shall remain the property of Lessee and shall be removed by Lessee upon termination or
expkation of this ~e at Lessee's expense. Any damage caused by such removal shall be repaired at .
Lessee's expense.
8.6 Lessee shall maintain .an adequate md proper staff. Agency may at any time give
Lessee written notice of noncompliance wi~ this Paragraph' 8. Lessee shall take all reasonable
measures to ensure that the conduct and activities ofLessee's employees shall not be detfiment~ to the
· ~
..
interest of the public patro~nizing Property.
8.6.1 Lessee shall establish, an identification system for its staff, which clearly
indicates to patrons the names of staff on duty. The identification system may include
appropriate attire, name badges and/or name plates..
8.6.2 Lessee shall comply with all laws regarding the employment of aliens and
others and ensure that all its employees meet the citizenship or alien stares
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requirements required by Federal and State statutes and regulations. Lessee shall
obtain from all employees the documentation of e~loyment eligibility stares required
by Federal and State statutes and regulations as they cm-rently exist and as they may be
hereafter amended. Lessee shall reta/n such documentation for .all employees.for the
period pr'escn~xxt by law.
8.6.3 Lessee shall ind~ify, defend, and hold harmless, Agency, ils officers and
employees from employer sanctions and any other liability which may be assessed
again~ Lessee or Agency or both .in connection wkh any alleged violation of Federal
and/or State statutes or regulations pert_~ining to the eligttfility for employment of
persons perfo~g servi~s under this Lease.
·
8.7 Agency shall arrange, for the fumish~g of gas,. electricity, water, sanitation, refuse
removal, and janitorial and landscape ma/ntenance to the Pr _em_i.qes. Lessee's share .of gas, electric,
water, sanitation and janitorial costs shall be considered as additional rent. Lessee shall make its own
anangements for and pay for telephone and cable television.
8.7.1 Lessee waives any and all claims agahast Agency for loss or damage caused by
a defect, deficiency or impairment of any utility system, water system, drainage system,
waste system, heating system, gas system, electrical apparatus or wires' senring
Premises.
8.7.2 Lessee shall keep the Premises flee and clear of rubbish and litter and shall
' deposit rubbish and litter in designated trash containers.
8.8 Lessee may provide any legal devices, mechanisms or equipment designed .for the
·
purpose of protec~g Premises from theft, burglary or vandalism, provided prior written .approval for
instalhfion thereof is obtained from Agency. All such purchases and installation shall be at Lessee's
sole expense.
8.8.1 Upon Agency's request, during the last thirty (30) days preceding the
expiration or term/nation of th/s Lease, Lessee shall remove same from Premises,
except for those items which have been so a~ed that their removal c2nnot be
accomplished without damage to Premises.
8.9 Lessee, at its sole cost and expense, .shall provide and install any appliances, fiauimre,
fixtures, equipment, padlocks, or .personal property required for the operation of Premi.qes.
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8.9.1 During the last thirty (30) days preced/ng the expiration or termination .of this
lease, Lessee shall remove same from Premises, except for those items which have been
· so affixed that thek removal cannot be' acc, omp~h~ without damage to Premises.
8.9.2 Stiould Lessee fail to. remove same within the required thirty (30) day period,
Lessee shall lose all fight, tide and interest therein, and Agency may elect to keep same
upon Premises or to sell, remove or demolish same.
8.9.3 Lessee shall reimburse Agency for any cost incurred in the-removal or
demolition thereof; in excess of any comideration received from any sale.
8.10 Lessee shall immediately correc~ any unsafe condition of Premises, as wen as any
unsafe practices occmmg thereon_ Lessee shall obtah emergency medic~ care for any employee or
patron who is in need thereof. Lessee shall cooperate fiffiy with Agency in the investigation of any
injury or death ocamSng on Premi.qes, including a' prompt report thereof to Agency.
8~11 ,,..Lessee shall not use or permit the use of Premises in .any manner whi6h creates a
nu/sance or a measm'able anno~ce to persons outside Premises, including, without limitation, live,.
recorded or broadcast enterta/nment or the use of loud speakers or sound or light apparatus other than
as may be required by law or be necessary or advisable for safety purposes.
8.12 Lessee agrees to all'ow inspection of Premises, at reasonable times,.by Agency, County
ofti~, fire officials, and State officials.
9.0
Pefformanc~ Evaluation.
9. I Lessee or its designee shall meet with' the Agency's Executive Director at such times as
may be requested by Agency to review Lessees'. performance under this Lease and to d/scuss any
problems or other matters as determined by Agency. Agency shall pi'o~de Lessee with a written
performance evahation pursuant to this meeting.
10.0 Advertisin~ and Promotional Materials.
Lessee shall not promulgate nor cause to be dism~buted any advertising, or promotional
materials without the prior written approval of Agency. That approval shall not be unreasonably
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withheld or dehyed and shall be deemed to be given if no objection is made within fffi~ (15) business
days following a written request for approval submitted by Lessee. Such materials include, but are not
limited to: advertising, in newspapers, mag~es and trade journals, and radio and/or television
11.0 Destruction of Premise.s.
1 I.I In the event Premises shall be totally or partially destroyed by a risk covered by
·
ins~ce required by this Le2se, Agency shall make the lost adjustment with the insurance company
insuring the loss and r~e payment of the proceeds ofinsumuce.
11.2
Lessee shall either opt to restore the Premises or terminate this Lease.
11.2.1 In the event Lessee chooses to restore the Premises, said insurance proceeds,
if any, shall be held by. AgenCY for the bene~ of Lessee and shall be disbursed in ·
inspects as cOnstruction progresses for payment of the costs of restoration, upon
satisfactory Performance of the work required, as. evidenced by certificatibn of
completion issued to Lessee by Agency, and release of mechanics liens by all persons
fin~hing labor and materials thereon.
11.2.2 If the insurance proceeds are inmfficient to paythe actual costs ofrestoration,
Lessee shatl deposit the mount of the deficiency with Agency upon demand .therefor
by Agency, and said sums shall be held for payment of said costs and disbursed in the
manner heretofore provided.
11.2.3 Any undistn~ted fund~ shall be retained by Agency and credited to the rent
due over the rema/ning term ofthi.q Lease.
11.3 If Lessee elects to restore the Premi'.qes, written plans, specifications, and construction
cost.estimates for the restoration shall be prepared by Lessee and forwarded to Agency for appr°~,al
prior to the performance of any work. Said documents shall be prepared and submitted in a timely
manner following adjustment ofthe loss and receipt of the proceeds ofinsurauce by Agency.
11.3.1 The required constru~on shall be performed by Lessee and/or licensed and
bonded contractor(s), who shall be required .to carry comprehensive lhb'fl~ and
property damage insurance, workers compemation insurance, and stand~d fire and
extended coverage insurance, with vandalism and malicious mischief endorsements,
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during the period of Construction, in mounts equal to the insurance !imits required'
herein, or as othen~e determined by Agency.
11.3.2 Said consauction shall be commenced promptly fonowing approval by
Agency,' the issuance of applicable permits and posting of the construction site by
Agency with notice of non-respons~t~ity, and shall be diligently .prosecuted to
· compl~o~ ·
11.3.3 All work shall be performed in accor~ce with the approv_ed plans and
spedficafions, unless changes are approved in writing, in advance, by Agency.
11.3.4 Lessee agrees that Agency may have on the site at any time during the
constmc~on period, an inspector who. shall have the right to access Premises and the
work occurring thereon.
11.3.5 Lessee, at the commm~~t of the construction WOrk, shall notify Agency
'in writing of the identity, place of business, and' telePhone number of responsible
person(s) in charge of the constmc~on. ..
11'.3.6 All construction shall be performed in a good and workmanlike manner.
Upon compl~on of the restoration, Lessee shah imm~iately record a notice of
compl~on with the Orange County Recorde~.
11.4 In the 'event Prern~es shall be totally or partially destroyed by a risk for which
insurance coverage is not required or provided herein, Agency shall either restore the Pr _emises or
terminate this Lease. :
12.0
Recon~ction by, Ag. ency .,Afl. ~g Premises.
12.1 In the event Agency is required to partially or fully reco~ct or cause to be
constructed a new facKqy because of destruction of the Premises as descn~ in Paragraph 11.4, this
Lease shall continue in fifll force and effect, except that the payments to be made by Lessee shall be
abated and/or other relief .afforded to the extent that Agency may detemine the reconsm~ction
interferes with Lessee's authorized operations, and provided a claim therefor is filed with Agency
within one hundred (100) days of the commencement ofreConstm~on.
12.2
Lessee shall cooperate with Agency by vacating Premises and removing all items of
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inventory, trade fixtures, equipment and fumish~__gs for such periods'as are required by the
reconsmaction or renovation. Lessee fiather agrees to cooperate in the determination of the abatement
and/or other relief to provided by fiau/shing all information requested relative to its operations and
permit~g examination and audit Of all accounting records kept in connection with its operations. "
12.3 Following completion of the new or renovated facility, Lessee shall resume its
operations within thirty (30) days of written notice from Agency that Premises are available for
occupancy.
12.4 This Paragraph 12 shall also be applicable in the event of performance of work on
Premises that requires a partial or total closure thereof; except that the abatement and/or other relief to
be provided shall be based upon the extent Agency may determine that the reduction in the public's use
of Premises, due to the partial or total closure thereof, has affected Lessee's operations.
12.5 Lessee agrees to accept the remedy herein provided in the event of constm~on upon
Premises, and hereby waives any and all additional rights and remedies for relief or compensation that
are presently available or may hereafter be made available' u~er the laws and statutes of this State.
13.0
Lessor-Lessee Relationship.
13.1 This lease is not intended and shall not be consmaed to create the rehtionsh~ of
agent, servant, employee, or representative of the Agency by Lessee. '
·
13.2 Lessee' understands and agrees that all persons furnishing services to Lessee pursuant
to this Lease are, for purposes of workers compensation and liability, solely employees-of Lessee and
not of Agency. '
13.3 Lessee shall bear the sole responsl'hlity and liability for fianishing workers
compensation benefits to any person for injuries from or connected with services performed on behalf
of Lessee pursuant to this ~e. '
· 13.4 Lessee understands and specifically agrees to inform its employees that Lessee is a
tenant of Agency. Lessee understands and specifically agrees to inform its employees that Lessee is not
an agent, servant, employee or representative of Agency.
13.5 Lessee understands and specifi~y agrees to inform its employees that they are not
agents, servants, employees, or representatives of Agency.
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14.0
Defense, In. de--cation and Hold Harmless.
14.1 Lessee shall def~d, indenmify, and hold harmless Agency .and all of its offi~s,
employees, agents and independent contractors thereof from any claims, suits, or actions of every kind
and description, brought for, or on the account of, injuries to or death of arty person includ~g, but not
limited to, workers and the public, or damage to Agmcfs Froperty arising out of or in connection with
'Lessee's activities on Premises, its failure to keep Premises in good condition and repair, or any other
action by Lessee taken in connection with or in performance of this Lease, or by or on account of any
act or omission by Lessee's e~loyees, agents, representatives, subcontractors, or third parties in
connection with Lessee's obligations under this Lease. .
14.2 Lessee's defense and induration of Agency Shall include all costs and
expenditures, including reasonable attorney's fees in~ed by Agency or its employees, officers, agents
or independent contractors, with respect to such claim or suit.
15.0 Inmrance.
15.1 Lessee ~hall provide and maintain at its own expense during the term of tt~ ~e the
following insaraace covering its operations u~der this ~e. Such insurance shall be provided with
inmrers licensed to do bus.ess in the State of California, with a rating of at least A; VII, according to
the htest Best's Key Rating Guide. Evidence of such inmm~c~ shall be delivered to Agency on or
before the' effect~e date of this Lease on Agency's own form. The Certificate of [nmm~ce shall
specific~y identify thi.q Le~e and shall contain_ express conditions that Agency is to be g/v~ at least
thirtY (30) days advance written notice, of any mat~ modification in 'or termination of inmrance.
Such instance, shall be primary to and not contributing with any other immrmc~ maintained by
Agency, and shall name the Agency, the City. of Tustin~ and their officers a~d e~loYees as additional
insure. All insta~~ shall be on an occurrm~ basis:
15.1.1 General Liability Inm~ce: ·
Comprehensive gmc~al liability inmmnce coVering Premises, operatiom, products and
complet~ operations, contracatal, broad form property.~ge, and personal injury,
with a combined sin~e limit of not less than one million dollars ($1,000,000) per
occurr~ce.
!':..)'..'-. 2-: :q
..... :..: ..':.
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15.1.2 Automobile Liability Insurance:
Automobile liability insurance coveriug owned and non-owned vehicles with a
combined single limit of not less than three hundred thousand dollars ($300,000) per
occarrence.
...
15.1.3 Workers Compensation Insumuce:
Workers co~ation insurance in an amount and form meeting all applical~ie
requirements of the California Labor Code, covering all persons providing servi~s by
or on behalf of Lessee and all risks to such persons.
15.1.4 Property Insurance:
· Real property - all risk ~ce, incl~g flood damage, for the full inmmble
replacement value with a deductible of no greater than 5%, for all risk-related
coverage; and personal property. insuran~ for the actual cash valde agak~ the hazards
of fire, their, burglary, vandalism and malicious mi.qchief'.
15.2 Daring the peri'od of constru~on of tenant irr~ovements, the following additional
insurance may be required at Agency's discretion, on the same terms and conditions as listed in
Paragraph 15.1' .
o
'15.2.1' Builders Ail Risk !n.mrance:.
Builders all-risk insurance, includ/ng flood damage, covering the entire Improvement
Program against loss or damage until completion and acceptance by Agency, in an
mount covering the fifll replacement value of Improvements with a deducffble not
exceeding 5%' of the consm~ction cost..
15.3. Failure by Lessee to procure or rna~tain required insurance shall constitute an Event of
Default, upon which Agency may innn~tely terminate this Lease. Lessee's operations shall be
subject to suspension by Agency during any period Lessee fails to ma/nta/n required insurance in full
force and effect.
15.4 Conduct of Lessee's operations shall not commence until Lessee has complied with the
aforementioned insurance requirements.
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15.5 The specific level of liability/mmrance required herein is subject to renegotiation on an
annual basis. Should either party request renegotiation with respect to the insurm~ to be provided,
the determ~ inafion thereof shall be established through mutual negotiations between the parties. Should
no written agreement be leached by the parties, Lessee shall continue to provid, e insuranc~ at the level
and in the manner heretofore provided. .
16.0 Taxes and AssessmemS.
o.
16.1 Should the property interest conveyed by this Lease be subject to real propea-ty taxation
and/or assessments, Lessee shall pay, before delinquency, all lawful taxes, assessments, fees or charges
which may be levied by the State, County, Agency, or any other tax or assessment-levying body upon
Premises and any Improvements located thereon.
!6.2 Lessee shall pay, before delinquency, all taxes, assessments, fees and. charges on
personal property, goods, merchandise, fixtures, appliances and equipment owned or used on Premises.
17.0 Assi~munent, Sublease. and Encumbrance.
17.1 The parties acknowledge that Agency is entering into this Le~e in reliance upon the
expertise and ab'~ities of Lessee and its principals. Consequently, Lessee shall not voluu~y assign or
encumber its interest in the Lease or in Premises, or sublease or license the use of any part of Premises,
or allow any other person or entity, except Lessee's authofiz~ representatives, to occupy or use any
part. of Premises without the prior written consent of Agency, which consent shall not be unreasonably
withheld. ·
· .
17.2 Lessee shall not, without the prior written consent of Agency, assign, hypothecate or
mortgage this Lease, or sublease or license the use of any part of Premises. Any attempted assignment,.
hypothecation, mortgage, sublease or license without the prior written consent of AgencY shall render
this Lease null and void. '
17.3 Any action to transfer this ~e or aUY interest herein in proceedings of attachment or
execution aga/nst Lessee, or in voluntary or invohmtary prongs in bankruptcy or insolvency or
receivership taken by or agak~ Lessee, or by any process of hw including proceed/ngs under all
applicable Federal banl~'uptcy laws, shall render this Lease null and void.
17.4 Agency may assign any or all of its interest in this ~e at anytime.
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f,- -
17.5 Each and ail of the provisions, agreements, terms, covenants and conditions contained
in th/s Imase shall be binding upon any transferee hereof or of any interest herein.
18.0 Nondi.s~ati0n.
18.1 Lessee hereby cen/fies and agrees that, in all matters affecting.this Le~e, it shall
comply with applicable Federal and State laws' and regulations prohibiting discfimimtion.
18.2 Lessee hereby certifies and agrees that all persons employed by it are, and shall be,
treated equally without regard to race, geed, color, rational origin, political affiliation, marital status,
sex, age, or handicap, and in comp~~ with all Federal and State laws protn3iting discrimination in
employment, including, but not limited to, the Federal Civil Rights Act of 1964, the Unmh Civil Rights
Act, and the Americans with Disa~es Act..
18.3 Lessee certifies and agrees that SUbcontractors, bidders and vendors are and shall be
selected without regard to any characteristic heretofore descn~.
18.4 Lessee's eng)loyment records shall be open for inspection by Agency at any reasonable
time during the term of this Lease for the purpose of verifying the practice of nondiscrimination by
Lessee in the areas heretofore descn'txxi.
· .
18.5. Any violation of the above provisions shall constitute an Event of Default as descn~xi
in Paragraph 19. Agency reserves the right to independently determine the existende of such violations.
In addition, a determination.by, the-~omia Fair Employment and Housing Department or the
Federal Equal Employment Opportunity Commission or other applicable State or Federal civil fights
enforcement agency that 'Lessee has .violated the nondiscrimination provisions of this ~e, shall
constitute an Event of Default.
·
·
18.6 Lessee shall include nondiscrimination and compliance provisions in all subcontractS'to
perform Work under this Lease.
19.0 Events of Default:
The fOllowing shall constitute an Event of Default:
19.1
· The f~e of Lessee to punctually make the payments, due under rids Lease, where the
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delinquency continues for more than ten (10) days following receipt of written notice from Agency for
payment. .
19.2 The failure of Lessee to operate in the manner required by this Lease, where tach
failure continues for more than ten (10) days following receipt of written notice from'Agency to
correct the condition therein specified.
19.3 The fa/lure of Lessee to maintain Premises and Improvements in the state of repair
required under this ~e, and in a clean, sanitary, 'safe and satisfactory condition, wher.e such failure
·
continues for more thau ten (10) days following receipt of writtm notice fi'om Agency to correct the
condifi_'_on therein specified.
19.3.1 Where fulfillment of said maintenance obligation'requires activity over a
period of time and Lessee shall have immediately, following receipt of notice,
commenced whatever may be' required to cure the parti~, default and continued
such performance diligently, said time limit may be waived in the manner and to the
extent determined by Agency. .
19.3.2 If the maintenance deficiency involves .the repair of leakhg valves, said
deficiency must be corrected by Lessee within 24 hours following notific~on.
'" 19.3.3 In the event Lessee fails to correct any maintenance deficiency within the
prescribed time, Agency may, at its option, exerdise its fights of entry and repair under
Paragraph 20 and/or terminate this Lease.
·
19.4 The failure 'of Lessee to keep, peffo~ and observe any other promises, covenants,
conditions and agreements set forth in this Lease, where such faihn'e continues for more than ten (10)
days after receipt of written notice from Agency to correct the condition therein spec/flecL
19.4.1 Where fiflfillmmt of said obligationrequires activity over a period oftime arid
Lessee shall have inm~ediately, following receipt of notice, commenced whatever may
be required to cure the partiml~ default and continued such perform~ce diligently,
said time limit may be waived in the manner and to-the extent determined by Agency.
19.5 The filing of a voluntary petition in bankruptcy by Lessee; the adjudication of Lessee as
a baukmpt; the. appointment of a receiver or. mustee of Lesse~'s assets; the malting of a general
assi~ment for the benefit of creditors; a petition or answer seeking the reorganization of Lessee under
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Page 21
any Federal reorganization act; the occurrm~ of any act which operates to deprive Lessee
permanently the fights, powers and privileges necessary for the proPer.conduct of its operations under
tb~ Le. ase; the levy of any attachment or execution which mbstan~y interferes With Lessee's
operations under this Lease and which is not vacated, dismissed, stayed or set aside within a period of
sixty (60) days; or a reasonable det~ation by Agency that Lessee is insolvent.
19.5.1 Lessee shall be deemed insolvent if it has ceded to pay its debts in the
ordinary course of business or c, mmot pay its debts as they become due, whether it has
committed an act of bankruptcy or not, and whether insolvent, within th.e meaning of
Federal bankru~~ law or not.
19.6 The determination by Agency, the State Fair Emplo~mt and Housing Commission,
the Federal Equal Emplo~~t Oppo~ Commission or other State or Federal cml fights agency,
of d/scfimimfion having been comn~ed by Lessee in violation of State and/or Feder~ laws in
connection with this Lease.
19.7 The failure to submit Written plans for tenant improvemems on or before 'the times
designated in this Lease for mbrnission there6f. "
19.8 The failure to COmmence requ/red construction of tenant Improvements or any phase
thereof on or before the time approved by Agency for commencement thereof.
19.9 The failure to complete .conStruction of tenant Improvements on or before the time
approved by Agency for completion thereof.
20.0 Ri~t of Entry.
20.1 Should Agency detenuine Lessee to be defident ~ its performance of its obligations
Under thi.q Lease, in addition to all other available remedies, Agency may, b~ shall not be'obliged to,
enter upon Premises and correct Lessee's defidendes using Agency forces, equipment and materials on
Premises suitable for such purposes, or by en~loying an independent Contractor. Agency's cost' so
incurred, including direct and indirect overhead costs as determined by Agency, shall be reimbursed to
Agency by Lessee and/or its sureties within thirty (30) days of demand thereof.
20.2
.Any officers and/or authorized employees of Agency may enter upon Premises at any
and all reasonable times for the purpose of determining whether or not Lessee is in
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CHILDREN'S BUREAU OF SOUTHERN CALIFORNIA
Page 22
· .....
..
compliance'with the terms and conditions of this Lease, or for any other purpose
incidental to the fights of Agency within Premises.
·
20.3 In the event of abandonment, vacation or discontinuation of operations for a period in
excess of twenty-one (21) consecutive scheduled working days, Lessee hereby irrevocably appoints
Agency as an agent for continuing operation of the services granted herein, and in connect/on therc~Sth
authorizes Agency's officers, employees, agents and independent contractors to (1) take possession of
Premises, including an Improvements, equipment and inventory thereon; (2) remove any and all-
persons or property on Premises and place any such property in storage for the account .of and at the
expense of Lessee; (3) sublease or license the use of Premises; and (4) after payment of all expenses of
such subleasing'or licensing, apply all payments realized therefrom to the satisfaction and/or mitigation
of all damages arising from Lessee's breach of this Le~e.
20.4 Entry by the officers, employees, agents or ind~deat contractors of Agency upon
· Premises for the propose'described in this Paragraph 20 shall be without prejudice to the' exercise of
any other rights provided herein or by law to remedy a breach of this Lease.
21.0 Termination of Lease.
21.1 Upon the occurrence of any one or more Events of Default, Agency shall give Lessee
ten (10)days Written notice by registered or certified mail, return receipt requested, of the condition of
default and necessary correction thereof. Said notice shall also inform Lessee that if the default is not
corrected within the time specified in the notice, the Lease shall be subject to teImination.
21'1.1 Should Lessee'fail to correct the default within the time specified in the
notice, Agency shall give Lessee written notice of the termination of the Lease.
,
21.2' Lessee may only' terminate this Le~e, upon one hundred tw~aty (120) das~ written.
notice to Agency, in the event Less~'s State or Federal funding ends, is not renewed, or is lost.
Lessee agrees to pursue all available sources of fund/ng for its operations to offset the loss of any other
source of ftmds.
21.3 Upon termination, Agency shall have the fight to take possession of Premises,
including all Improvements, .equipment and inventory located thereon and use same for the propose of
satisfying and or mifiga~g all damages arising from termination
21.4
Action by'Agency to effectuate a termination and forfeiture of possessions shall be
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Page 23
·
without preju~ce to its exercise of any other fights provided here~ or by law to remedy a breach of
this Lease.
22.0 .Waiver.
22.1 Any waiver by Agency of any default or breach of any covenant, condition, term and
agreement contained in this Lease, shall not be constru~ to be a waiver of any subsequent or other
default or breach, nor shall faikn-e by Agency to require exact, fun and compl~e compliance with any
of the covenants, condkions, terms or agreemems coma/ned in this Lease be consmaed as changing the
terms of this ~e in any manner or preventing Agency fi'om enforcing the full provisions hereof.
22.2 No delay, failure, omission of Agency to exercise any fight, power, privilege or option
arising from any default or breach, nor any subsequent acceptance of payment then or thereafter by
Agency, shall impair any such riglx, power, privilege or option, or be construed as a waiver of'or
acq~es~~ ih such default or breach,.or as a relinquishment of any right. '
22.3 The rights, powers, options, privileges and .remedies available to Agency under this
Lease shall be cmnulative and shall not be construed as being exhausted by the exercise thereof in one
or more instances:
23.0 Surrender.
23.1 Upon expiration or termination of this Lease, Lessee shall peaceably vacate Premises
and shall remove all Improvements, equipment, inventory and personalty, unless otherwise mutually
agreed, in writing, by the parties'. Title to Premises and Tenant Improvements rema/ns vested in
Agency, pursuant to Paragraphs 1.3 and. 4.7.
23.2 Upon expiration or termination of this Le~e, Lessee shall, at Agency's request,
execute and deliver to Agency wkhin thirty (30) days after service of written demand, a good and '
mfficient quitclaim deed ofLessee's interest in this ~e and Premises. 'Should Lessee fail or refuse to
deliver to Agency such quitclaim deed, written notice by Agency reciting the failure of Lessee to
execute and deliver the quitclaim deed, shall, after ten (10) days fi-om the date of recordation of the
notice, be conclusive evidence agak~ Lessee and all persons claiming under Lessee, of the termimfion
of this Lease.
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o
Page 24
24.0 Notices.
Any notice required to be given 'under the terms of this Lease or any law applicable thereto
must be either personally delivered or phced in a sealed envelope, postage prepaid, address to the
person on whom it is to be served with reuau receipt requested, and deposited in the united States
ma/L Personal service shall be deemed complete upon delivery and service by mail shall be deemed
complete upon receipt as reflected by the reama receipt. The address to be used for .any notice served
by mail upon the parties shall be as follows
· To Lessee: .
~dren's Bureau of Southern Califom
50 S. Anah~ Blvd., Suite 241
Anaheim, California, 92805
Attention: Dorothy Mauzer
To Agency:.
Tustin Community Redevelopment Agency
300 Centennia/Way
Tusti~ California 92780 '
Attention: Assistant City Manager.
Attention: Director of Community Services
The parties may designate alternate addresses by giving notice as provided in this Paragraph 24.
25.0
Complete A~eemem and Amendment.
25.1 This Lease and exh~ts.attached hereto' constitute the entire agreement 'between the
Agency and Lessee with respect to Premises. Any other agreements, promises and representations
with respect thereto, other than those contahed herein, are expressly revoked. '
25.2 This Lea~e may only be modified in the form of a written amendment signed by
authorized representatives of both parties. ·
26.0 Severabilitv and A~r~licable Law.
_ _ _
26.1
Whenever possible, each provision of th/s Lease shall be interpreted in'such a manner
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Page 25
as to be effective and valid under applicable law, bm if any provision of this -12,ase shall be invalid under
the applicable law, such provision shall be ineffective only to the extent of such proh'bition or'invalidity,.
without invalidating the remainder of that provision, or the remaining provisions of this Le~e.
26.2 This Lease has been made and entered into in the State of California and the laws of
th~ State shall govern its validity and interpretation in the performance hereunder by the parties.
27.0 M~iscellaneous.
27.1 Definition: The following word as used herein shall be construed to have the
following meaning, unless otherwise apparem from the COntext in which they are used~
.
27.1.1 "City": The City of Tustin.
27.1.2 "Agency": The Tustin Community Redevelopment. Agency. The term shall
mean the Agency's 'Ex~e Director unless some other person or entity is
designated, in ~g, by Agency's Executive Director.
27.1.3 "Execute Director":
Redevelopment Agency.
Executive Director. of the Tustin Community
27.1.4 "State": The State of California. · .
27.2 Force Majeure: Except as otherwise spe. cific~yprovided herein, and in the event either
party shall be delayed or prevented from performance of any act required under this Le~e by reason of
fire, earthquake, war, labor dispute, or other cause without fault and beyond conliol of the party so
obligated, performance of such acts shall be excused for the period of time of the delay as detennined,
in writing, by Agency. .
27.3 In the event either party commences legal proceedings for the enforcement of this
Leasel the prevailing party shall be entitled to recover ks' reasomble attomefs fees and costs incurred
in the action brought upon this Lease.
27.4 Agency's Executive D/rector shall.be respons~le for the enforcement of this Lease on
behalf of Agency and shall be assisted therein by those officers and employees of Agency designated by
the Executive Director.
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Page 26
28.0 Conclusion.
IN WITNESS WI~REOF, Agency has, by action of the Tustin Community Redevelopment
Agency Board of Directors, authorized rids Lease to be executed for and on behalf of the Tustin
Community Redevelopment Agency by the Executive Director, and Lessee has caused the same to be
executed by its duly authorized officer on the date first above writtm .
Dated:
"AGENCY"
Tustin Community Redevelopment Agency
WILLIAM A. HUSTON, Executive Director '
Attesti
..
g
/ t cy C! rk
Approved as to Form:'
LOIS E.
Agency Attorney
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February 3, 1997
"LESSEE"
Children's Bureau of Southern California
!
. ,....-.;, :,.
EXHIBIT ".A"
Depiction of the Property
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,..':,, [[ .
' ~':',,. il ' ·
I',
iI
EXHIBIT "B"
Site plan for 'Center
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EXHIBIT "B"
EXHIBIT"
C~9
Specific demarcation of Prenuses to be rented
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February 3, 1997
EXHIBIT"
EXHIBIT "D"
o
Common' Areas
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February 3, 1997
EXHIBIT "D"
.j"
,.
· i i
·
.
. oo
I II I ] I I Il I~ ] I Il
RESOLUTION NO. RDA 99-2
A RESO[,UTION OF THE COMMUNITY REDEVI/.",I,OPMEN'£ AGENCY
OF TIlE CITY OF TIjSTIN FINDING. THAT THE PURPOSE OF THE
SOUTI'[ CENTRAL REDEVELOPMENT PLAN WII,L BE FURT}IEP~D
BY A. TRANSFER OF PROPERTY TO THE CITY, APPROVING TIlE
QUIT CLAIM DEED CONVEYANCE OF THE TUSTIN FAMILY AND
YOUTH CENTER PROPERTY AND THE ASSIGNMENT OF LEASES IN
CONNECTION THERETO.
o
The Tustin Commianity Redevelopment Agency does hereby resolve as follows'-
I. The Community RedeveloPment Agency finds and determines as follows'
2~
That on November 20, 1995, the City Council of' the City of Tustin ("City
Council") adopted Resolution No' 95-122 making ~ finding of benefit in
accordance with Section 33445 of California Redevelopment Law to permit South
Central tax increment fund~ to be used outside of the Project Area for the purpose
of acquisition and rehabilitation of the Property located at 14722 Newpo~ Avenue
for development of a youth center, which found that the acquisition and
rehabilitation activities for the development of a youth center will be of direct
benefit to the South Central Redevelopment Project Area and that no 'other
reasonable mea.n~ of financing the project was available in the Community;
.
That on November 20, 1995, the Redevelopment Agency of the City of Tustin
adopl¢cl Re~olution No. It. DA 95-8 making; a finding ofben¢fit as ~¢$cribed above
and approved the Pm'chase and Sale Agreement for the property between the
Redevelopment Agency and the Bankruptcy Estate of Physician's Office Services,
Inc.;
.
·
Section 334,~5 of the California Community Redevelopment Law provides that an
agency may, With the ¢on$¢r~t of the legislative body, pay all or a part of the value
of the land for and the cost of the installation and construct/on of any building,
facility, atructure, or other improvement which is to be publicly owned either
within or without the project area; and,
4~
Section 33432 of the California Redevelopment Law provides the except for
property conveyed by an agency to the community or any other public body, the
agency shall lease or sell all real property acquired by it in any project area.
5~
Section 33430 of the California Redevelopment Law permits the transfer of real
property and any interests therein for the purpose of redevelopment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNI~ DOES ttlgREB¥ FI~, DETER.MINE, A. ND I~SOLVE AS FOLLOWS'
SECTION1. The Tustin Community Redevelopment Agency made all the
determinations required under Section 33.445 of the California Community Law on November
20, 1996, adopting Ordinance No. RDA 95-10 approving the acquisition and rehabilitation of the
Tustin Family and Youth Center property for the purpose of upgrading of substandard public
facilities in the South Central Redevelopment Project Area, and such determinations shall be
final and conclusive under California Community Redevelopment Law. The Tustin Comm~ty
Redevelopment Agency hereby author{zes a Quit Cl'~ra Deed conveyance of the Tustin Family
and Youth Cemer and assignment of two leases in connection thereto to the City of Tustin.
Center.
SECTION 2.
Cit'j staff currently operates and' maintains the Tus~in Family and Youth
SECTION 3. Transfer of the Tustin Family and Youth C~nter property including two
.
leases will allow more flexibility in City management of the facility and Will simplify operation
and mainten~ce, and thus, will better serve the purposes of tho South Cemral Redevelopment
PI~. The City shall use the property' for tho purpose~ of' the South Central Redeve!opment ?lan.
Passed, approved, and adopted this 1st day of November, 1999.
·
ATTEST:
.~cELA STOKER
lerk . .
City of Tustin
REDEVELOPMENT AGENCY RESOLUTION CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CiTY OF TUSTIN )
R"SOLUTION NO. RDA 99-2
?~mela Stoker, Recording Secretary of the Community Redevelopment Agency of '[he City of
Tustin, California, does hereby certify that the whole number of the members of the
Community Redevelopment Agency is five; that the above and foregoing resolution was p~ssed
~r;d adopted at. a regular meeting of the Tustin Community Redevelopment Agency held on
the !st day o~ November, 1999, by the following vote'
AGENCY MEMBER AYES:
~'r'ENCY MEMBER NOES'
...~...A~'ENCY MEMBER ABSTAINED:
(:i'i'-:!'!':)AGENCY MEMBER ABSENT:
· . .
Worley, Thomas, Doyle, Potts, Saltarelli
None
None '
None
,.~ela Stoker, City Clerk
x<.~...2.
Order No.
Escrow No.
Loan No.
WHEN RECORDED MA~L TO:
City of TustIn
300 Centennial Way
Iuscin, CA 92680
Attention: City Clerk
DOCUMENTARY TRANSFER TAX $ ....... .0.. .............................................
...... C3mpurl~:l on tho con~;ideration ar va/ue of property conveyed; OR
...... C~mputed on the conslderazlon or value less liens or
encumbranc~ remaining at time el sale.
X Exempt - pub~zc agency
QUITCLAIM DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the Tustin Community
P. adevelopmem~ Agency, a California P. edevelopment Agency
do(es) hereby REMISE, RELEASE AND FOREVER QUITCLAIM to
corporation
the real property in the City of I usa:In
County of Orange
the City of Tusttn, a municipal
, State of California, described as ""
See Exhibit "A" attache~ hereto and
incorporated herein by :his reference.
}
STATE OF CALIFOR_I~.~ ...., _ .-. ' }ss.
cou,vrY OF ~~N-lq, ~..~ .... . ),
_
........ , _ .
" -
~~iV kn~_to mCr prov~ tO me on lhe basis of
~:aan:e)~o b~ ~e person(s) whose name(s) i~am ~ubscfibed to the wl~in
instrument and acknowi~ged to me that h~sh~h~y ~~ted ~e same
m h~~eir ~u~odzed capa~es), ~d ~t by hi~er~eir signa-
tu~[s] on ~e in.meat ~e person(s) or ~e enti~ u~n beh~ll ot which
t~e pemon(s) a~~ecmed ~e i~ment..
MAIL T~ ~A~MENTS TO:
William A. Husuon, Executive Director
{'This ~en for ol/Imal n0t,3riaJ seal)
( &Er.
·
0R.-94.%6670
PORTION OF LOT 49, iN BLOC}% !1 OF 'RViI~'S SUBDiViSiON, AS PEP. Y~__~
2ECOP_D-PD ~ B~K" .~G= ~S OF M!SCEL~_~OU~ ~~S iN ~~ OFF~CE OF ~~
CO~~ P~CD~ER OF SAID CO'~~', DESCRIBED ~3 :O~OWS'
AVE.~-~'~-_, ~.S SHO'*'N ON SAiD ~-~--~; ?H-i_~CE
..... : '-.~E_ O? !CEW?OKT AVE.~-JE; T:-~NCE SOL~"ii-'-~TEF-LY 200 O0 FEET
: .-.~ C =__N . ~. . ,.,_. ·
.... ...
_~A_~_LLEL ~'ITZ. E : =~ CE~iE.~. LiNE OF
SO%_r/C.-.-~'~ST'--?.LY ~ £ 5.0 0 i-PET P~3_L. LEL WiTH T:~E CE.~'TE?. L-NE OF I~-E'*:PO~.T
~1;71_-_;%-j~ TO '-"- c-'N-'~-E= ' -NE O? =¥CA-MO.=-E STREET; .... N,-.. N,...-._' .-.,~'=STEF~. Y
200.00 =EET'.~/~. ONG Skid CE.~'-TER .Like TO
,..=,? _. ,~.-_.-:.. ND~._.--._.-,,,.-EST.-~T v5 0 OD :..=.,.
- · "?~-'.~'~- n '9 c,---
,.:- ::,-,-:*,~,~ ~ -- -- .
~:z':..~.,.',.~,,, S~_'_D L..'-_N"D c SHO'-~' ON ' ~_o ='-LED 2N ~ODK 7 PAGE a .=~C~.~.D OF
',iN .~'-~ O.='.='TC.E OF T'-{-i. COLTI,.~Y .--..~CO:'..~=.?, OF' S,-.=D
·
CER'i'IFICATE OF ACCEPTANCE OF DEED
(City of Tustin)
This is to certify that the interest in real property conveyed by Quitclaim Deed
dated November 2, 1999 for the TLISTIN COMMI~ITY REDEVEI.OPMENT
AGENCY, a California Redevelopment Agency, is hereby accepted by the undersigned
officer on behalf of the CITY OF TUSTIN, a municipal corporation, pursuant to
ax~thority conferred by Resolution No. 95-3 of the City ofTustin adopted April 3, 1995,
and the grantee consents to recordation thereo'fby its duty authorized officer.
Dated:
·
Jan- j._h-O,L .th " U~::~
CALIFORNIA A LL.PURPOSb-'ACKNOWLEDGM ENT
Nu
personally appeared/'\U,--pI Ut_i, F:t-_. m/~t4-~1 /' .,l_~t4~T.Ot.,f ~ ' - ..... _-,,
~ personally known to me - OR - ~ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s)is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(les), and that by his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
WIT.S my hand and official seal.
Though the data below ms'. not required' by law, it may prove valuable to pnr~on~, retying on the. document. . ,.nd could prevent. .
fraudulent reattachmer~[ of this ~orm.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF A~ACHED DOCUMENT
[~' ~INDIVIDUAL · ~
~ O CORPORATEOFPICER . '
TIT~ OR TYPE OF D
~ PARTNER(S) M LIMITED ' I
0 AWORNEY-IN-FACT · '
~ T~UST~E(S)
U GUARDIAN/CONSERVATOR
....... '" D~T~
~199~ NATIONAL NOTARY A. ;.';(X~IA 1 ION -