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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
Tustin held on the 5th day of February 2001.
Tracy Wills (~[orley, r~ay0r
ATTEST:
Pamela Stoker, City Clerk
~:,
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF TUSTIN
RESOLUTION NO. 01-06
City of Tustin
RESOLUTION CERTIFICATION
SS
I, PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of
Tustin, California, hereby certifies that the whole number of the members of the City
Council of the City of Tustin is five; and that the above and foregoing Resolution No. 01-
06 was adopted at a regular meeting of the City Council held on the 5t'' day of February,
2001, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
Worley, Thomas, Bone, Doyle, Kawashima
None
None
None
~~
Pamela Stoker, City Clerk
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.
131126\1
NOW, THEREFORE, for good and valuable consideration, the receipt and
adequacy of which are acknowledged, Assignor and Assignee agree as follows:
Section 1. Assignment
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 all 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. Assignor'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 Assigns
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.
2
Section 7. Governinq Law
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:
DDorothy Nifo M.,,~irector of Child ~l~ue~e Prevention Services
Children's Bureau of Southern California
50 South Anaheim Boulevard, Suite 241
Anaheim, California 92805
ASS. L~NEE:
Tustin Community Foundation
Post Office Box 362
Tustin, California 9278'1
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:
Beverley White
Chief Deputy City Clerk
Dated:
Approved as to form:
Lois E. Jeffrey) /,)//]
City Attorney
ORIGINAL
LEASE AGREEMENT BETWEEN
THE TUSTIN CONIMIJNTI'Y REDEVELOPMENT AGENCY AND
CHII,DREN'S BUREAU OF SOUTHERN CALIFORNIA
This Lease is oracle and entered into on this _ ~ ~- day of. ~ , 1997, by and between
the Tustin Community Redevelopment Agency, a municipal corporatio ° hereinafter referred to as
"Agency", and Children's Bureau of Southern California (CBSC), a California nonprofit public benefit
corporation, hereinafter referred to as "Lessee."
RECITALS
A. Agency is the owner of the 'I~.istin Famfty and Youth Center (the "Property"), located
at 14722 Newport Avenue, Tustin, California, and depicted on Exhibit
"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 purpose of
providing systems integration for the coordination of educational and social services.
D. Agency desires to lease tenant space to Lessee at the Tustin Family and Youth Center
for such purposes in accordance with the terms 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:
AGREEMENT
1.0 Premises.
1.1 The Premises which are the subject of this Lease consist of an approximate five
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 Exhibit "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
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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 th~eon, present or future, shall remain in
Agency or Agency's successor or assignee. Lessee agrees never to assail, comest or resist said title.
2.0 Term and Commencemem.
2.1 The term of this Lease shall be for a period of five (5) years commencing .on the lirst
day of the calendar month following the issuance ora "Notice to Occupy Premises" by the 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 tins not been tcamlaated, and no late3 ~han sixty (60)
days prior to the expiration date of the original term of this Lease, or the expiration date of an
extension oftlfis lease, Agency receives a written request therefor, signed by Lessee.
2.2.1 Agency shall have the exclusive discretion and right, as a condition of
approving said extension, to renegotiate the terms of this Lease, including, but not
limited to, base rents, common area charges, and required tenant impr, ovements.
2.2.2 Lessee's option to extend this Lease may be denied by Agency based on any of
the following factors:
(1). Lessee is in default of the terms o f this Lease;
(2). Lessee has not received satisfactory performance evaluations
from Agency as set forth in Paragraph 9 of this Lease; or
(3). · Any of Lessee's licenses have been terminated or revoked.
2.3 Possession of the Premises, including all structures, buildings and/or impr~ oveme~ts
thereon,, shall be surrendered by Lessee to Agency immediately upon termination ofthi~ 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, subject to all the
terms and conditions of this Lease, 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
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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.
3.0 Permitted Uses and Hours of Operation of Premises.
3.1 The Premises shall be used only and exclusively for the following and/or licensed child
care program purposes:
3.1.1 The provision of systems integration for the coordination of educational and
social services programs; and/or
3.1.2 Such other purposes as are related to either of the above, provided express
written approval for such "related purposes" is given by Agency.
3.2 Use of the Premises for human habitation or any other purpose whatsoever is
prohibited.
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 "Notice to Occupy Premises". Lessee shall comply with the schedule approved
by Agency unless prior written authorization to deviate from the schedule has been obtained from
Agency.
4.0 Tenant Improvements.
4.1 Lessee may construct 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 Prior to the commencement of construction of the Improvements, Lessee shall do all of
the following:
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February 3, 1997
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4.4
~essee without
4.5
Improvements.
4.3.1 Obtain Agency's written approval of all plans, specifications and time fi'ame for
completion; and
4.3.2 Obtain all applicable perm/ts and licenses; and
4.3.3 'Comply with any terms and conditions as may be imposed on it by Agency
regarding such Improvements.
No modification of approved plans, specifications, or time frame shall be made by
prior written approval by Agency.
4.4.1 Any delay in construction of the Improvements due to fire, earthquake, war,
labor dispute or other events without the fault and beyond the control of Lessee shall
extend the time frame in which said construction must be completed by the length of
.such delay.
Lessee shall permit the Agency to inspect the Premises during construction of the
4.6 Lessee may undertake additional 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 Premi_qes shall immediately 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 materials, and shall furnish all tools, equipment, labor and
material necessary to perform and to complete same.
4.9 Agency has the fight to require, during any period of construct/on of Improvements,
that Lessee provide a perforrmnce and/or payment bond in an amoun/of not less than one hundred
percent (100%) of the costs for the construction to be performed, as detailed in the Improvement
Program, payable to the City of Tustin and executed by a surety admitted in the State of California.
4.9.1 Said bond(s) shall be maintained in full force and effect by Lessee until
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February 3. 1997
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Improvements have been completed and accepted by the Agency.
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 m all respects satisfactory to Agency's attorney. Said
cash or securities shall be deemed deposited with Agency to secure full and satisfactory
performance of the principal obligations heretofore descn~bed for which surety may be
required, and shall be released upon satisfactory performance thereof, as evidenced by
written acceptance by Agency and the unconditional release of mechanics liens by all
claimants. In lieu thereof, Lessee may deposit the required amount in a bank or other
financial institution whose deposits are federally insured, provided the account is made
payable to Agency on demand and the Certificates of Deposit are delivered to Agency.
Lessee shall be entitled to all interest on the deposit and to the return of the Certificate
4f Deposit upon satisfactory performance as heretofore defined.
4.10 Upon completion of Improvements, Lessee shall furnish Agency with all of the
following:
4.10.1 One (1) complete set of as-built construction drawings on Mylar or its
equivalent, including all circuit breakers, mechanical equipment, switches, plumbing
and fire sprinkler section and main valves plainly labeled with a master index of same;
4.10.2 Operating manuals for building 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
furnished by other persons in connection with the construction and installation of the Improvements.
4.13 Upon written request of Agency, Lessee shall obtain such insiuance coverage as
Agency deems reasonably necessary for said Improvement Program
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5.0 Rent.
5.1 Lessee shall pay to Agency a minimum annual rent of $1,753 ("Base Rem".) One-
twelfth (1/12) ofthe Base Rent shall be payable monthly, in advance, on the first day of each month.
5.2 After the expiration of the first ftttt year of the initial term ofthi~ Lease and each year
thereafter on the anniversary of the I_ease commencement date, Agency shall notify Lessee of any
adjustment in the Base Rent.
5.2. l The adjusted Base Rent shall be calculated as follows:
Base Rent for the prior full year mattiplied by the lesser of
(a) The increase in the Commmer Price Index for All Urban
Comers, All Items, Coase year 1982-1984 equals I00) for
the Los Angeles/Anaheim/ Rive/side geographical area, as
compiled by the United States Department of Labor for the
immediately preceding year; or
Co) 'Four percent (4%).
5.2.2 If said Consumer Price Index ceases to ex/st, the parties .~hall substitute any
official index published by the Bureau of Labor Statistics, or successor or similar
governmental agency, as may then be in existence and shall be most nearly equivalent
thereto. If any such rental adjustment cannot be computed as of a rent adjustment
date, Lessee _qhall continue to pay the Base Rent theretofore payable until such rental
adjustment can be computed, 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, Califomb 92780-1089, or at such other place or places as Agency from time to time rmy
desi~ate by written 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 thi~ Lease shall be due as specified in thi.q
Lease and shall bear interest at the rate of seven percent (7%) per annum until paid, if not paid within
ten (1 O) calendar days after the date on which the payment is due. In no event, however, shall any such
interest charges exceed the maximum amount permitted by law. Any returned checks will be assessed
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February 3, 1997
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the maximum fee for returned checks permitted by state law. In addition, the interest charge shall be
added to the returned check charge unless the replacement 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, custodian room, and all other areas except the Premises and other leased areas
of the building. Common Areas are specifically demarcated on Exlu~bit "D".
6.2 Common Areas shall be for the joint use of all tenants, their licensees, customers,
invitees, suppliers, employees and volunteers. Agency hereby grants to Lessee the nonexclusive right
to use Common Areas.
6.3 Agency shall keep and maintain Common Areas in good order, condition and repair, at
Agenc}~s sole expense, subject to reimbursement by Lessee of its prorata share thereof as provided in
Paragraph 6.5, below.
6.4 Agency shall retain sole and exclusive control of Common Areas and shall have the
right 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 Temporarily close any Common Areas to perform maintenance or to prevent a
dedication of any Common Areas or the accrual of any rights of any person or of the
public in Common Areas;
6.4.3 Determine the nature and extent of Common Areas and 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 right 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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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 certain Common Areas, including, without
limitation, the cost of the following: cleaning; sweeping; utilities; security systems; janitorial services;
exterior and interior lighting;' installation of directional si~ and markers; car stops; parking lot'
restriping, sealing'and repaying; insurance premium~ on Premises; insurance premb]m_q on Common
Areas and other areas of the Property; fire detectors and sprinkler systems; real property taxes md
assessments; and an administrative fe~ equal to ten percent (10%) of the total of such costs.
6.5.1 Lessee's promta share shall be that fractional part of the total of such costs
which the square footage ofPremlr, es bears to the total square footage of gross leasable
space on the Property, as determined by Agency.
6.5.2 Agency and Lessee agree that Lessee's lmiorata share upon commencement of
the Lease is 9.13% of the 5,934 square foot building. This prorata share shall be
adjusted from lime to time based on changes in the Lessee's square footage of leased
Premises and changes in the leasable square footage of the Property.
6.6 Lessee's promta 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 during 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
tram ofthi_q Lease, Agency shall furnish Lessee a statement covering the prior calendar
year showing the actual 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 within 30 days ofb/lling, or, ifLessee's payments
exceeded its prorata share of such expenses, Agency shall promptly refund the excess.
7.0 Maintenance of Premises.
7.1 Less~ shall at its sole cost and expense during the term of this Lease. keep and
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February 3. 1997
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maintain the Premises and all Improvements, fixtures, 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, rebuilding and restoration as may be required by Agency to comply with the
requirements of this Lease.
7.1.1 Lessee, shall fiunish all necessary equipment, supplies and material of good
quality and insufficient quantity to fulfill the requirements of this Lease and to maintain
an acceptable and professional level of maintenance.
7.1.2 Any repairs, replacemens, rebuilding, restoration and/or any modifications or
additions to Premses shall have the prior written 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 containers. No offensive matter or refuse or substance constituting an
unnecessary, unreasonable, or unlawful fire. hazard, or material detrimental to the public health shall be
permitted to remain on Premises and Lessee shall prevent any accumulation thereof from occurring.
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 its obligations required under this Paragraph 7, Agency, in addition to all other available
remedies may exercise its right 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 inspection shall be recorded, retained 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 during the hours when Lessee's normal work force is not present. Agency shall call
for such assistance only in the event of a genuine and substantial emergency.
7.7 Agency shall be responsible for the maintenance and repair of the exterior of all
structures on the Property, except to the extent Agency finds Lessee is responsible for damage to such
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structures or as otherwise provided in this Lease. In those cases, Agency shall have the option of either
· requiring Lessee to repair the damage, or repairing 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 services.
8.2 Lessee shall conform to and abide by all applicable City and County Ordinances and all
State and Federal laws and regulafiom; shall conform to and abide by all applicable roles and
regulations of Agency; and shall obtain all required permits and licenses necessary 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 sips 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 signage placed upon the Premises or Improvements by
Lessee shall reraain the property of Lessee and shall be removed by Lessee upon term/nation or
expiration of this Lease at Lessee's expense. Any damage mused by such removal shall be repaired at
Lessee's expense.
8.6 Lessee shall maintain an adequate and proper staff. Agen~ may at any time give
Lessee written notice of noncompliance width this Paragraph 8. Lessee shall take all reasonable
measures to ensure that the conduct and activities of Lessee's employees shall not be detrimental to the
interest of the public patronizing Property.
8.6.1 Lessee shall establish an identification system for its staff, which clearly
indicates to patrons the names ofstaffon 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 status
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requirements required by Federal and State statutes and regulations. Lessee shall
obtain from all employees the documentation of employment eligibility status required
by Federal and State statutes and regulations as they currently exist and as they may be
hereafter amended. Lessee shall retain such documentation for all employees for the
period prescribed bylaw.
8.6.3 Lessee shall indemnify, defend, and hold harmless, Agency, its officers and
employees from employer sanctions and any other liability which may be assessed
against Lessee or Agency or both in connection with any alleged violation of Federal
and/or State statutes or regulations pertaining to the eligibility for employment of
persons performing services under this Lease.
8.7 Agency shall arrange for the furnishing of gas, electricity, water, sanitation, refuse
removal, and janitorial and landscape maintenance to the Premises. Lessee's share of gas, electric,
water, sanitation and janitorial costs shall be considered as additional rent. Lessee shall make its own
arrangements for and pay for telephone and cable television.
8.7.1 Lessee waives any and all claims against 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 serving
Premises.
8.7.2 Lessee shall keep the Premises free 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 protecting Premises from theft, burglary or vandalism, provided prior written approval for
installation 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 termination of this Lease, Lessee shall remove same from Premises,
except for those items which have been so affixed that their removal cannot be
accomplished without damage to Premises.
8.9 Lessee, at its sole cost and expense, shall provide and install any appliances, fiuniture,
fixtures, equipment, padlocks, or personal property required for the operation of Premises.
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8.9.1 During the last thirty'(30) days preceding the expiration or termination of this
lease, Lessee shall remove same from Premises, except for those items which have been
so affixed that their removal cannot be accomplished without damage to Premises.
8.9.2 Should Lessee fail to remove same within the required thirty (30) day period,
Lessee shall lose all right, title 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 consideration received from any sale.
8.10 Lessee shall immediately correct any unsafe condition of Premises, as well as any
unsafe practices occurring thereon Lessee shall obtain emergency medical care for any employee or
patron who is in need thereof, lessee .qhall cooperate fully with Agency in the investigation of any
injury or death occurring on Premises, including a prompt report thereof to Agency.
8.11 ,Lessee shall not use or permit the use of Premises in any manner whidh creates a
nuisance or a measurable annoyance to persons outside Premises, including, without limitation, live,
recorded or broadcast entertainment or the use ofloud 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 allow inspection of Premises, at reasonable times,, by Agency, County
official.q, fire officials, and State officials.
9.0 Performance Evaluation.
9.1 ' Lessee or its designee shall meet with the Agency's Executive Direetor at such times as
may be requested by Agency to review Lessees'. performance under this Lease and to discuss any
problems or other matters as determined by Agency. Agency shall provide Lessee with a written
performance evaluation pursuant to this meeting.
10.0 Advertising and Promotional Materials.
Lessee shall not promulgate nor cause to be distributed any advertising or promotional
materials without the prior written approval of Agency. That approval shall not be unreasonably
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withheld or delayed and shall be deemed to be given if no objection is made within fifteen (15) business
days following a written request for approval submitted by Lessee. Such materials include, but are not
limited to: advertising in newspapers, magazines and trade journals, and radio and/or television
commercials.
11.0 Destruction of Premises.
11.1 In the event Premises shall be totally or partially destroyed by a risk covered by
ins~~rance required by this Lease, Agency shall make the lost adjustment with the insurance company
insuring the loss and receive payment of the proceeds of insurance.
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 benefit of Lessee and shall be disbursed in
installments as construction progresses for payment of the costs of restoration, upon
satisfactory performance of the work required, as evidenced by certification of
completion issued to. Lessee by Agency, and release of mechanics liens by all persons
fiunishing labor and materials thereon.
11.2.2 If the ins~u~ance proceeds are insufficient to pay the actual costs of restoration,
Lessee shall deposit the amount of the deficiency with Agency upon demand therefor
by Agency, and said sums shall be held for payment of said costs and disbursed m the
manner heretofore provided.
11.2.3 Any undistnbuted funds shall be retained by Agency and credited to the rent
due over the remaining term of this Lease.
11.3 If Lessee elects to restore the Premises, written plans, specifications, and construction
cost estimates for the restoration shall be prepared by Lessee and forwarded to Agency for approval
prior to the performance of any work. Said documents shall be prepared and submitted in a timely
manner following adjustment of the loss and receipt of the proceeds of insurance by Agency.
11.3.1 The required construction shall be performed by Lessee and/or licensed and
bonded contractor(s), who shall be required to carry comprehensive. liab~ity and
property damage insurance, workers compensation insurance, and standard fire and
extended coverage insurance, with vandalism and malicious mischief endorsements,
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during the period of Construction, in amounts equal to the insurance limits required'
herein, or as otherwise determined by Agency.
11.3.2 Said construction .qhall ~ commenced promptly following approval by
Agency, the issuance of applicable permits and posting of the construction site by
Agency with notice of non-responsibility, and shall be diligently .prosecuted to
'completion
11.3.3 All work shall be performed in accordance with the approved plans and
specifications, 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
construction period, an inspector who .qhall have the right to access Premises and the
work occurring thereon
11.3.5 Lessee, at the commencement of the construction work, shall notify Agency
in writing of the identity, place of business, and telephone numtx~ of responsible
person(s) in charge of the construction
11.3.6 All construction shall be performed in a good and workmanlike manner.
Upon completion of the restoration, Lessee shall immediately record a notice of
completion with the Orange County Records.
11.4 In the event Premises shall be totally or partially destroyed by a risk for which
insurance coverage is not required or provided herein, Agency ~qbal! either restore the Premises or
terminate tbi~ Lease.
12.0 Reoonstmction by Agency Affecting Premises.
12.1 In the event Agency is required to partially or fully reconstruct or cause to be
constructed a new facility because of destruction of the Premi_~es as described in Paragraph 11.4, thi_q
Lease .~hall continue in full 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 determine the reconstxuction
interferes with Lessee's authorized operations, and provided a claim therefor is filed w/th Agency
with/n one hundred (I00) days of the commencement of reconstruction.
12.2 Lessee shall cooperate with Agency by vacating Premises and removing ali items of
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inventory, trade fixtures, equipment and furnishings for such periods as are required by the
reconstruction or renovation Lessee further agrees to cooperate in the determination of the abatement
and/or other relief to provided by furnishing all information requested relative to its operations and
permitting examination and audit of all accourning 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 abatemern 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 construction 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 under the laws and statutes of this State.
13.0 Lessor-Lessee Relationship.
13.1 This Lease is not intended and shall not be construed to create the relationship of
agent, servant, employee, or representative of the Agency by Lessee.
13.2 Lessee understands and agrees that all persons famishing 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 responsibility and liability for fiiinishing workers
compensation benefits to any person for injuries from or connected with services performed on behalf
of Lessee pursuant to this Lease.
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 specifically agrees to inform its employees that they are not
agents, servants, employees, or representatives of Agency.
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14.0 Defense, Indemnification and Hold Harmless.
14.1 Lessee shall defend, indemnify, and hold harmless Agency and all of its officers,
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 any person including, but not
limited to, workers and the public, or damage to Agency's property 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 omi_qsion by Lessee's employees, agents, representatives, subcontractors, or third parties in
connection Mt. la Lessee's obligations under thle Lease.
14.2 Lessee's defense and indemnification of Agency shall include all costs and
expenditures, including reasonable attorney's fees incurred by Agency or its employees, officers, agents
or independent contractors, with respect to such clakn or suit.
15.0 Insurance.
15.1 Lessee shall provide and maintain at ils own expense during the term of this Lease the
following insurance covering its operations under this Lease. Such insurance shall be provided with
insurers licensed to do business in the State of California, with a rating of at least A; VII, according to
the latest Best's Key Rating Guide. Evidence of such insurance shall be delivered to Agency on or
before the effective date of this Lease on Agency's own form. The Certificate of Insurance shall
specifically identify this Lease and .qhall contain express conditions that Agency is to be given at least
thirty (30) days advance written notice, of any mater/al modification in or termination of insurance.
Such immmnce, ~hall be primary to and not conlributing with any other insurance maintained by
Agency, and shall name the Agency, the City. of Tustin, and their officers and employees as additional
insure(is. All insurance shall be on an occurrence basis.
15.1.1 General Liability Insurance:
Comprehensive general liability insurance covering Premises, operations, products and
completed operations, contract,,al, broad form property damage, and personal injury,
with a combined single limit of not less than one million dollars ($1,000,000) per
OCCUI'TCIICe.
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15.1.2 Automobile Liability Insurance:
Automobile liability in~u-an_ce covering owned and non-owned vehicles with a
combined single limit of not less than three hundred thousand dollars ($300,000) per
occurrence.
15.1:3 Workers Compensation Insurance:
Workers compensation insurance in an amount and form meeting all applicable
requirements of the California Labor Code, covering all persons providing services by
or on behalf of Lessee and ail risks to such persons.
15.1.4 Property Insurance:
. Real property -all risk insurance, including flood damage, for the full insurable
replacement value with a deductible of no greater than 5%, for all risk-related
coverage; and personal property insurance for the actual cash value against the hazards
of f re, theft, burglary, vandalism and malicious mischief.
15.2 During the period of construction of tenant improvements, the following additional
in~rance may be required at Agency's discretion, on the same terms and conditions as listed in
Paragraph 15.1: .
15.2.1 Builders All Risk Insurance:
Builders all-risk insurance, including flood damage, covering the entire Improvement
Program against loss or damage until completion and acceptance by Agency, in an
amount covering the full replacement vahze of Improvements with a deductible not
exceeding 5% of the construction cost.
15.3 Failure by Lessee to procure or maintain required insurance shall constitute an Event of
Default, upon which Agency may immediately terminate this Lease. Lessee's operations shall be
subject to suspension by Agency during any period Lessee fails to maintain 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 insurance required herein is subject to renegotiation on an
annual basis. Should either party request renegotiation with respect to the insurance to be provided,
the determination thereof shall be established through mutual negotiations between the parties. Should
no written agreement be reached by the parties, Lessee shall cominue to provid, e insurance at the level
and in the manner heretofore provided.
16.0 Taxes and Assessmems.
16.1 Should the property interest conveyed by thi.q Lease be subject to real property 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 Assignment, Sublease and Encumbrance.
17.1 The parties acknowledge that Agency is entering into thi.q Lease in reliance upon the
expertise and abilities of Lessee and its principals. Consequently, Lessee shall not voluntarily assign or
enc~mher its interest in the Lease or in Premi.qes, or sublease or license the use of any part ofpremi.qes,
or allow any other person or entity, except Lessee's author/zed representatives, to occupy or use any
part of Premi.~.~s without the prior written consent of Agency, which consent ahall not be unreasonably
withheld.
17.2 Lessee shall not, without the prior written consent of Agency, assign, hypothecate or
mortgage thi_~ Lease, or sublease or license the use of any part of Premi.qes. Any attempted assignment,.
hypothecation, mortgage, sublease or license without the prior written consent of Agency shall render
this Lease null and voict
17.3 Any action to transfer this Lease or any interest herein in proceedings of attachment or
execution again.qt Lessee, or in voluntary or involuntary proceedings in bankruptcy or insolvency or
receivership taken by or against Lessee, or by any process of law including proceedings under all
applicable Federal bankq-uptcy laws, shall render this Lease null and void.
17.4 Agency may assign any or all of ks interest in thi-~ Lease at any time.
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17.5 Each and all of the provisions, agreements, terms, covenants and conditions contained
in this Lease shall be binding upon,any transferee hereof or of any interest herein.
18.0 Nondiscrimination.
18.1 Lessee hereby certifies and agrees that, in all matters affecting .this Lease, it shall
comply with applicable Federal and State laws and regulations proh~iting discrimination.
18.2 Lessee hereby certifies and agrees that all persons employed by 1t are, and shall be,
treated equally without regard to race, creed, color, national origin, political affiliation, marital status,
sex, age, or handicap, and in compliance with all Federal and State laws prohibiting discrimination in
employment, including, but not limited to, the Federal Civil Rights Act of 1964, the Unruh Civil Rights
Act, and the Americans with Disabilities Act.
18.3 Lessee certifies and agrees that subcontractors, bidders and vendors are and shall be
selected without regard to any characteristic heretofore described..
18.4 Lessee's employmern records shall be open for inspec.-tion 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 described.
18.5 Any violation of the above provisions shall constitute an Event of Default as described
in Paragraph 19. Agency reserves the right to independently determine the existence of such violations.
In addition, a determination by the California Fair Employment and Housing Department or the
Federal Equal Employment Oppgrtunity Commission or other applicable State or Federal civil rights
enforcement agency that Lessee has violated the nondiscrimination provisions of this Lease, 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 Eves of Default:
19.1 The failure of Lessee to punctually make the payments due under this 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 fi.om'Agency to
correct the condition therein specified.
19.3 The failure of Lessee to maintain Premises and Improvements in the state of repair
required under this Lease, and in a dean, sanitary, 'safe and satisfactory condition, where such failure
continues for more than ten (10) days following receipt of written notice fi.om Agency to correct the
condition therein specified.
19.3.1 Where fulfillment of said maintenance obligation requires activity over a
pc'dod of time and Lessee shall have immediately, following receipt of notice,
commenced whatever may be required to cure the particular default and continued
such performance diligently, said time limit may be waived in the manner and tO the
extent deterufined by Agency. ..
19.3.2 If the maintenance deficiency involves the repair of leaking valves, said
deficiency must be corrected by Lessee within 24 hours following notification.
19.3.3 In the event Lessee fails to correct any maintenance deficiency within the
prescribed t/me, Agency may, at its option, exercise its rights of entry and repair under
Paragraph 20 and/or terminate this Lease.
19.4 The failure of Lessee to keep, perfonn and observe any other promi.qes, covenants,
conditions and agreements set forth in thi.q Lease, where such failure continues for more than ten (10)
days after receipt ofwritten notice fi.om Agency to correct the condition therein specified.
19.4.1 V~ere fidfillment of said obligation requires activity over a period of time arid
Lessee shall have mediately, following receipt of notice, commenced whatever may
be required to cure the particular default and continued such l:sxrformance diligently,
said time limit may be waived in the rrmnner 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 bankvupt; the appointment of a receiver or. trustee of Lessee's assets; the making of a general
assi~meut for the benefit of creditors; a petition or answer seeking the reorganization of Lessee under
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any Federal reorganization act; the occurrence of any act which operates to deprive Lessee
permanently the rights, powers and privileges necessary for the proper .conduct of its operations under
this Lease; .the levy of any attachment or execution which substantially 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 determination by Agency that Lessee is insolvent.
19.5.1 Lessee shall be deemed insolvent if it has ceased to pay its debts in the
ordinary course of business or cannot pay its debts as they become due, whether it has
committed an act of banlo; uptcy or not, and whether insolvent, within the meaning of
Federal banlffuptcy law or not.
19.6 The determination by Agency, the State Fair Employment and Housing Commission,
the Federal Equal Employment Opportwiity Commission or other State or Federal civil rights agency,
of discrimination having been committed by Lessee in violation of State and/or Federal laws in
connection with this Lease.
19.7 The failure to submit written plans for tenant improvements on or before the times
designated in this Lease for submission thereof.
19.8 The failure to commence required 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 Right of Em-rv.
20.1 Should Agency determine Lessee to be deficient in its performance of its obligations
under this Lease, in addition to all other available remedies, Agency may, but shall not be obliged to,
enter upon Premises and correct Lessee's deficiencies using Agency forces, equipment and materials on
Premises suitable for such purposes, or by employing 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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compliance with the terms and conditions of this Lease, or for any other purpose
incidental to the rights 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 ofthe services granted herein, and in connection therewith
authorizes Agency's officers, employees, agents and independent contractors to (1) take possession of
Premises, including all In-qxovements, equipment and inventory thereon; (2) rcnnove any and all.
persom or property on Premises and place any such property in storage for the account of and at the
expense of T~.ssee; (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 Lease.
20.4 Entry by the officers, employees, agents or independent contractors of Agency upon
Premises for the purpose 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 h not
corrected within the time specified in the notice, the Lease shall be subject to termination
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[he Lease.
21.2 Lessee may only terminate this Lease, upon one htmdred twenty (120) days wrixten
notice to Agency, in the event Lessee's State or Federal funding ends, is not renewed, or is lost.
Lessee agrees to pursue all available sources of funding for its operations to offset the loss of any other
source of funds.
21.3 Upon term/nation, Agency shall have the right to take possession of Premises,
including all Improvements, equipment and inventory located thereon and use same for the purpose of
satisfying and or mitigating all damages arising from termination
21.4 Action by. Agency to effectuate a termination and forfeiture of possessions shah be
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without preJudice to its exercise of any other rights provided herein 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 coven~t, condition, term and
agreement contained in this Lease, shall not be construed to be a waiver of any subsequent or other
default or breach, nor shall failure by Agency to require exact, full and complete compliance with any
of the covenants, conditions, terms or agreements contained in this Lease be construed as changing the
terms of this Lease in any mam~er or preventing Agency from enforcing the full provisions hereof.
22.2 No delay, failure, omission of Agency to exercise any right, 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 right, power, privilege or option, or be construed as a waiver' of or
acquiescence in such default or breach, or as a relinquishment of any right.
223 The rights, powers, options, privileges and remedies available to Agency under this
Lease shall be cumulative 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 remains vested in
Agency, pursuant to Paragraphs 1.3 and 4.7.
23.2 Upon expiration or termination of this Lease, Lessee shall, at Agency's request,
execute and deliver to Agency within thirty (30) days after service of written. demand, a good and
sufficient quitclaim deed of Lessee's interest in this Lease 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 from the date of recordation of the
notice, be conclusive evidence against Lessee and all persons claiming under Lessee, of the termination
of this Lease.
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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 placed in a sealed envelope, postage prepaid, address to the
person on whom it is to be served with return receipt requested, and deposited in the United States
mail Personal service ah,all be deemed complete upon delivery and service by mail shall be deemed
complete upon receipt as reflected by the return receipt. The address to be used for my notice served
by mail upon the parties shall be as follows
To Lessee:
Children's Bureau of Southern California
50 S. Anaheim Blvd., Suite 241
Anaheim, California, 92805
Attention: Dorothy Manzer
To Agency:
Tustin Community Redevelopment Agency.
300 Centennial Way
Tustin, California 92780
Attention: Assistant City Manager
Attention' Director of Commtmity Services
The parties may designate alternate addresses by giving notice as provided in this Paragraph 24.
25.0 Complete Agr_ eement and Amendment.
25.1 This Lease and exhibits attached hereto comfitute the entire agreement between the
Agency and Lessee with respect to Premises. Any other agreements, promises and representations
with respect thereto, other than those contained herein, are expressly revoked.
25.2 This Lease may only be mod/fled in the form of a written amendment signed by
authorized representatives of both parties.
26.0 Severability and Applicable La~v.
26.1 Whenever possible, each provision of this Lease shall be interpreted in such a manner
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Page 25
as to be effective and valid under applicable law, but if any provision of this Lease shall be invalid under
the applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity,
without invalidating the remainder of that provision, or the rema~nmg provisions of this Lease.
26.2 This Luse has been made and entered into in the State of California. and the laws of
this State shall govern its validity and interpretation in the performance hereunder by the parties.
27.0 Nfiscellaneous.
27.1 Definitions: The following word as used herein shall be construed to have the
following meaning, unless otherwise apparent from the context in which they are used.
27.1.1 "Cit}~': The City of Tustin.
27.1.2 "Agency": The Tustin Community Redevelopment Agency. The term shall
mean the Agency's Executive. Director unless some other person or entity is
designated, in writing, by Agency's Executive Director.
27.1.3 "Executive Director": Executive Director. of the Tustin Community
Redevelopment Agency.
27.1..4 "State": The State of California.
27.2 Force Majeure: Except as otherwise specificallyprovided herein, and in the event either
party shall be delayed or prevented from performance of any act required under this Lease by reason of
fire, earthquake, war, labor dispute, or other cause without fault and beyond control of the party so
obligated, performance of such acts shall be excused for the period of time of the delay as determined,
in writing, by Agency.
27.3 In the event either party commences legal proceedings for the enforcement of this
Lease, the prevailing party shall be entitled to recover its reasonable attorney's fees and costs incutred
in the action brought upon this Lease.
27.4 Agency's Executive Director shall be responsible 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.
wp/ffyclsclb: c bsclse.tfy
February 3, 1997
LEASE AGREEMENT BE'I3/VEEN
TUSTIN COMMUNITY REDEVELOPMENT AGENCY AND
CHILDREN'S BUREAU OF SOUTHERN CALIFORNIA
Page 26
28.0 Conclusion.
liN' WrrNESS WHEREOF, Agency has, by action of the Tustin Commlmity Redevelopment
Agency Board of Dkectors, authorized this Lease to be executed for and on behalf of the Tustia
Commnnity 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 written.
Dat~:
"AGENCY"
Tustin Community Redevelopment Agency
WILLIAM A. HUSTON, Executive Director
Attest:
LA STOKER
y C!erk
Approved as t9 Form:
LO~S ~. ~~..x;/'t, O
Agency Attorney
wg/tfy~'~:cb~lse.~
Fel~ruary 3. 1997
"LESSEE"
Children's Bureau of Southern Califo~
EXfIIBTT "A"
Depiction of the Property
wpftfyc/sclb: cbscl se.ffy
February 3, 1997
EXHIBIT '"A"
l f
EXHIBIT "B"
Site plan for Center
wp/tfyc/sdb: cbsclse.tfy
February 3, 1997
cfl t_ FLAN
fir
u' u' ,n.
SYCAMC41E AVENUE
NEWPORT FAMILY AND YOUTH CENTER
TT -IE Cn OF TUSMW, C6 MUNffY SERYICE DEPArIT1vMEF(f
%>vrlyhedy ::'0vu9/ie7ly
a
4 ~'
EXHIBIT "C"
Specific demarcation of Premises to be rented
~~~s~:~h~i5e.~
February 3, 1997
EXHIBIT
~,
EXHIBIT "D"
Common Areas
wPr~yuS~b:ob5~ige.ffy
February 3, 1997
EXHIBIT "D"
..ran-i~-~ri io:vi
~SQLtJTIUN NO. RllA 99-2
A RF.SO[•UT10N OF 'J'HE CUMMtJNITY R~:D TI1ikIJPOU~tI'OS1F O~ T);IE
OF THE: CIT'X OF TUSTXN NINDXNG THAT
SOUTI[ CENTRAL REDI+;VEX,OPMEN f T~~ ClVI'Y, ~P•RO'V NV ~D
~3Y A TRANSr ER OF PnOPER'J<'Y TO
QUIT CLAIM DE>uD CONVEYANCE E ASSIGNNtENT OF ~,F SES 1N
YOUTH! CENTER pROYERI'Y AND lY
CONNEC'Z'IOl~t THERE'TCI•
The Tustin Community Redevelopment Agency does hereby resolve as follows: .
1 The Cornmuniry Redevelopment Agency finds and determines as (allows:
1995, the City Council of the Ciry of Tustin ("City
1 '(hat on November 20,
Council") adopted Resolution I`To. 95-122 develo ment Law to pebmneSouth
accordance with Section 33445 of California R p
Central tax increment funds to be used outside of the Project Area for tloirt Avenue
of acquisition and rehabilitation of the property located at ,14722 Newp
for development of a youth center, "~ nit of aunouth center will bel of dire t
rehal?lhtation activities for the devclopm y
benefit to the South Central Redevelopment 1'roj~:ct Area and that no other
reasonable meads of financing the project was available in the Community;
2. That on November 20, 1995, the Redevelopment Agency of the City of Tustin
adopted Resolution No. RDA 95-8 malang eem cnt for the property between the
and approved th.e Purchase and Sale Agr
Redevelopment Agency and the Aankruptcy Estate of Physician's Uffice Services,
Inc.;
3. Section 33445 of the California Community Redevelopment Law provides that an
agency may, with the consent of the legislative body, pay all or a part of the value
of the land for and the cost of the installation and construction of any building,
facility, structure, 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 t1~e 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 pert mentjransfer of real
property and any Interests therein for the purpose of redevelop
[NOW, TFL~R.EFOI~E, THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, DOES HEREBY FIND, DETERMINE, .&ND RESOLVE AS FOLLOWS:
SECTION1. Thc Tustin Community Redevelopment Agency made all thc
determinations required under Section 33445 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 th= purpose of upgrading of substandud public
f-cilfties in the South Central Redevelopment Project Area, and such determinations shall be
final and conclusive under California Community Redevelopment Law. The Tustin Commtmity
Redevelopment Agency hereby authorizes a Quit Cl',im Deed conveyance of the Tustin Family
and Youth Center and assignment of two leases in connection thereto to the City of Tustin.
SECTION 2. Cirj staff currently operates and maintains the Tustin Family and Youth
Center.
SECTION 3. Transfer of the Tustin Family and Youth Center property including txvo
leases will allow more flexibility in City'management of the facility and will simplify operation
~nd maintenance, and thus, will better serve the purposes of the South Central Redevelopment
Plan. The City shall use the property for the purposes of the South Central Rcdeve!opment Plan.
Passed, approved., and adopted this 1st day of November, I999.
ATTEST:
~ P~A~ELA STOKER
;ity Clerk
Jan-15-O1 15:07
..
City of Tustin
REDEVELOPMENT AGENCY RESOLUTION CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF TUSTIN )
RESOLUTION N0. RDA 99.2
Pamela Stoker, Recording Secretary of the Community Redeveloprnef ttheemembers oft the
Tustin, California, does herebncCes fivetthat the bo~e and fobego~ g resolution was passed
Community Redevelopment Age y
and adopted at a regular meeting of the .Tustin Community Redevelopment Agency held on
the 1st day of November, 1,999, by the following vote:
AGENCY MEMBER AYES:
AGENCY MEMBER NOES:
AGENCY MEMBER ABSTAINED:
AGENCY MEMBER ABSENT:
Worley, Thomas, Doyle, Potts, Saltarelli
None
None
None
ela Stoker, City Clerk
J
jan-15-ul
Order
Escrow
Loan No.
WHEN RECORDED f,%a, lL TO:
City of Tustin
300 Centennial Way
Tuscin, CA 92680
Attention: City Clerk
...... C~'np~led on the consideration er value of property conveyed; OR
...... Computed on Ns eonslderatlon or value le,~s liens or
encumbrances remaining st t~rne of sale.
X Exempt - pub Lzc agency
I
${g~,~,,,m o~ Decsazant m Agem Osmrm,n,ng ~ -- F¢m Nam-,
QUITCLAIM DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the Tust:in Community
Redevelopment- Agency, a Cali£ornia Redevelopment Agency
do(es) hereby REMISE, RELEASE AND FOREVER QUITCLAIM to the City of Tustin, a municipal
corporation
the real property in the City of Tus:ln
County of Orange
, State of California, described as
See Exhibit "A" attache~ hereto and
incorpora:ed herein by chis reference.
~_[~o~aJly known tO proved to me on [ns I:asis of satisfactory
r
ev,oence) t~ De Ins Oerson(s) whose name(s) is/ere subscribed to the within
inslru,-nen! and acknowledged to ms the! he/sheJthey executed the same
in his/her/their :'u~crized caoacity[;es), and the! by his/her/their signs-
lure(s) on the inslzumen[ 'Jle person(s) or the enlity upon behalf or which
the ;~,~on[$) acte. t~.xecutsc~ ~e instrument.
MAIL TAX STATEMENTS TO: U
William A. Huston, Executive Director
(This SreB ~' 0~1c3al nOtOrlaJ se=l)
~t~g t~t
Jan-15-O1 15:urs ""'
4
OF-9366 ~ 0
L:71GT:DW CJARA-TEE ~~
(REQ. tr-42) ..~..= Orr1C=R • OOC:11~+G
...~ 1,T -T-.= T S G ~JF_r~',I~'T~:. ~' S C ~ :`L;F i :.~ _?r .' ::. C^r.. ~ 7G:
,.r :G~?~_.-s ^C.7Jh.Y O` O~!JG:.., C_1 _ _S /:..SC
CraL 1 - ~
OL:,OWS
_ T ~0,~,:IO*7 Q= LOT 49 ~Zv ~LOC~~ 21 O: =~V=Ivy' S S~L2Z~~S~O?~, F.S ?~~ 1`'.F?
COP.D= 0 S' SO'Jt" 1 ?AGS ~ 0 0= M=SC~Li~ ?~TO~.Jc ?'r'-D5, IN T.: r' G= ~ ~'C= G: _
r~._:.
"""v ?~COnOSt`~. Or SF I1'} CpIJ?~' .''~ ~ ~=.SC~~ ;=.~ F.S - Oi.~i~OWS .
CO`vI. 1
~ CC?~'2v~NCa ir. ':':~ C~~:S~ T..?~~ 32.:x=5~'`":':ON Oi 5='C.=MrJRC ?iv"O N~T?O ':'
'v~;r~j:.., F5 S'O„'N ON Sr:IO Nom?; ir_~NCS ?~0-=.: `F~...:,~T.;. . Ec.00 ~C?' ='O_'~_
~__. C;'~'"='~ L~~ ~ O^ ?v~;~~0~ _ ,*_L~TL'~v~; :":ANC? SO~;:;=F.ST--`-:~`-~ 200.. 00_ -_==..'
r. -. riT-` .~+..~ G=.~''~r~^ Lz~~ ~~ SVCi~.NJ =... t'fl~~t1 ST~~~.~"~, ~::~.1^C~
SO'FT'! =_w'~~S:'=?.?,,~ , ~E~~. 00 _ .:Z.= ?~ ~.~'-...•_~~:. +';-- s t= CS?~i=~ ~~?v.~ G= 2`~~?~.•v
2V~,v.. .'O '~.~ C??~r~R T^_?~= O. S_'Cr,.*'SO.~.. S_::,~?':'; 'i:.s2v K0=^=r~~STS:.~_
200. 00 = _CT't.:.,ONv S=.=O C ---_ --. GS ..
~~
S'.=0 _?~7 ~S S~Oi~-L3 OAT =. ?'..:? . =LSp 2?~ SOCK ?, ?CGS 25 ~~? ,~..?C:~~O G=
5~~~~:.'S ~=N _ _~ G. _ .C? C.= __ .. CO';J2~~`:' .NCO?..:~~~ C= 5~=0 CC'.''.~_
Jan-15-O1
CER'rlFICATE 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 ILISTIN COMMUNITY REDEVEI.OPMENT
AGENCY, a California Redevelopment Agency, is hereby accepted by the undersigl~ed
officer on behalf of the CITY OF TUSTIN, a municipal corporation, pursuant to
authority conferred hy Resolution No. 95-3 of the City of'rustin adopted April 3, 1995,
and the grantee consents to reemdation thereof by its duly authorized officer.
Dated:
r vv
Jan-lS-vt t5:~ts
~ {
ku. X907
CALIFORNIA ALL•PURPOSt~ACKNOWLEDGMENT
State of ~F`~1.1-~0~~~ .-
County of ._ '~~~~ .
)~ ~ Q t~ ~~. OT ~` ~BU ~
~n ~aj - '/ ~ before me, N M TI ~h V~F'r:Fp c.c..-~n~+co~NU~~c~~c
n C. TLE
unTG
personally appeared ~_... ~~~ r,aMt~s)oFS~rNCac^) - _.
personally known to me - OR - n 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 sairle in his/her/their authorized
capacity(ies), 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.
e~,.rr wHtT~
~,m,ssio„N t2t6423 x WIT S my hand and official seal-
Notvro Pubt1C - C~t'xT1° ~
~- prongs County t
My Corflm. E'~~ ~Y 16.20m ~
s~r,Ne. F OF NCtTnar
OPTIONAL
Though the data balow is not required by law, it may prove valuable t~ persons relying nn the: document and could prevant
fraudulent reattachment of this farm.
CAPACITY CLAIMED BY SIGNER
~-INDIVIDUAL .
~] CORPORATE OFFICER
nn F{s) ....._ .. .
^ PARTNER(S) U LIMITED
^ GENERAL
^ ATTORNEY-IN-FACT
TRUSTEE(S)
U GUARDIAN/CONSERVATOR
OTHER: _ ..
DESCRIPTION OF ATTACHED DOCUMENT
.. ~. v
TIT OR TYPE OFD UMENT G°]
NUMBER OF PAGES
...~~
GATE O DO UMENT
SIGNER IS REPRESENTING:
w~MF F P~N~,(,ki{S) Cori ENT TYIIC;,1
~. tT.~ ~ ~ -r"t,t. ST I ~
.. ! ~' ~~.
SIGNER(S) OTHER HAN NAMED ABOVF
~»9~3 NAT)ONAI NOTARY ASStxan) iUN - Oaz6 Qc~+~~~~ct Ave.. P.~. 6ox i td•~ ~ Ce~x~gs i ~hrk, Cn 9 ~'u~4.7~ n.~