HomeMy WebLinkAbout08 TUSTIN LEGACY FIRE STATION # 37 LEASEAgenda Item 8
AGENDA REPORT Reviewed:
City Manager
Finance Director N/A
r' V
MEETING DATE: MARCH 4, 2014
TO: JEFFREY C. PARKER, CITY MANAGER
FROM: CITY MANAGER'S OFFICE
SUBJECT: TUSTIN LEGACY FIRE STATION FACILITY LEASE BETWEEN
THE CITY OF TUSTIN AND THE ORANGE COUNTY FIRE
AUTHORITY FOR OPERATION OF THE NEW FIRE STATION
NO. 37 AT 15011 KENSINGTON PARK DRIVE
SUMMARY
Approval is requested to execute the Tustin Legacy Fire Station Facility Lease between
the City of Tustin and the Orange County Fire Authority, for the new City -owned fire
station located at 15011 Kensington Park Drive.
RECOMMENDATION
It is recommended that the City Council authorize the City Manager to execute the
attached Tustin Legacy Fire Station Facility Lease between the City of Tustin and
Orange County Fire Authority
FISCAL IMPACT
There will be no additional fiscal impact for the Tustin Legacy Fire Station Project (CIP
No. 10048)
BACKGROUND
The Orange County Fire Authority (OCFA) provides fire protection and medical aid
services within the incorporated boundaries of the City of Tustin in accordance with a
Fire Services Agreement (Cash Contract) dated July 13, 1995, a Tustin Fire Services
and Emergency Services Agreement dated July 27, 2000, and the Joint Powers
Agreement creating the OCFA approved by the Tustin City Council on February 1,
1995, amended as approved by the Tustin City Council on February 27, 1995, and on
September 23, 1999 (hereinafter collectively referred to as the "JPA ").
In order to maintain fire response times to service residential and non - residential
development within the Marine Corps Air Station (MCAS) Tustin Specific Plan Area
( "Tustin Legacy Project "), OCFA determined it is necessary to replace the current Fire
Agenda Report
March 4, 2014
Page 2
Station 37 within Tustin with a new fire station within the Tustin Legacy Project.
Firefighting personnel, equipment and manpower needs will continue to be addressed
under the provisions of the JPA and Tustin Fire Services and Emergency Medical
Services Agreement.
The City and OCFA entered into a Memorandum of Understanding on March 7, 2005
( "MOU ") and a Fire Station Construction Implementation Agreement on June 26, 2008
(the "Implementation Agreement ") which set forth the obligations of each Party
regarding the construction, equipping and operation of a Fire Station Facility to serve
the Tustin Legacy Project, and provide that the City and OCFA would enter into a lease
agreement for OCFA's use of the new replacement Fire Station Facility for the purpose
of providing necessary fire protection services to the City of Tustin.
On December 18, 2012 the City Council awarded the construction contract for the new
Tustin Legacy Fire Station at the northwest corner of Edinger Avenue and Kensington
Park Drive for relocation and replacement of the existing OCFA Fire Station # 37 at
14901 Red Hill Avenue. The new facility is nearing completion and will be owned by the
City of Tustin but will be used and occupied by the OCFA. The City and OCFA have
drafted the attached lease outlining the responsibilities of the parties pertaining to the
real property, improvements, furnishings and equipment.
Staff is available for any questions the City Council may have.
61,4W v�
Mat West
Principal Management Analyst
Attachment: Tustin Legacy Fire Station Facility Lease
ATTA C H M E N T
TUSTIN LEGACY FIRE STATION FACILITY LEASE
TUSTIN LEGACY FIRE STATION FACILITY
LEASE
THIS LEASE is entered into this day of , 2014 by and
between the CITY OF TUSTIN, a general law city and municipal corporation in the State of
California ( "TUSTIN "), and the ORANGE COUNTY FIRE AUTHORITY ( "OCFA "), a joint
powers authority, duly authorized under the laws of the State of California, without regard to
number and gender. TUSTIN and OCFA are sometimes referred herein individually as a
"Party" and collectively as the "Parties ".
RECITALS
A. OCFA provides fire protection and medical aid services within the incorporated
boundaries of TUSTIN in accordance with a Fire Services Agreement (Cash Contract) dated July
13, 1995, a Tustin Fire Services and Emergency Services Agreement dated July 27, 2000, and
the Joint Powers Agreement creating the OCFA approved by the Tustin City Council on
February 1, 1995, amended as approved by the Tustin City Council on February 27, 1995, and on
September 23, 1999 (hereinafter collectively referred to as the "JPA ").
B. In order to maintain fire response times to service residential and non - residential
development within the Marine Corps Air Station (MCAS) Tustin Specific Plan Area ( "Tustin
Legacy Project "), OCFA has determined it is necessary to replace the current Fire Station 37
within Tustin with a new fire station within the Tustin Legacy Project. Firefighting personnel,
equipment and manpower needs will continue to be addressed under the provisions of the JPA
and Tustin Fire Services and Emergency Medical Services Agreement.
C. OCFA and TUSTIN entered into a Memorandum of Understanding on March 7, 2005
( "MOU ") and a Fire Station Construction Implementation Agreement on June 26, 2008 (the
"Implementation Agreement ") which set forth the obligations of each Party regarding the
construction, equipping and operation of a Fire Station Facility to serve the Tustin Legacy
Project, and provide that OCFA and TUSTIN shall enter into a lease agreement for OCFA's use
of the new replacement Fire Station Facility for the purpose of providing necessary fire
protection services to the City of Tustin.
D. For ease of reference herein, the phrase "Existing Tustin/OCFA Agreements" shall
refer collectively to all of the following: (1) the Fire Services Agreement (Cash Contract) dated
July 13, 1995, (2) the Tustin Fire Services and Emergency Services Agreement dated July 27,
2000, (3) the JPA; (4) the MOU, and (5) the Implementation Agreement. Except as expressly set
forth herein, this Lease does not modify the requirements of the Existing Tustin/OCFA
Agreements.
NOW, THEREFORE, IN CONSIDERATION THEREOF, TUSTIN AND OCFA
HEREBY AGREE AS FOLLOWS:
1. LEASE PREMISES FOR FIRE STATION FACILITY
TUSTIN hereby leases, rents and demises to OCFA, and OCFA hereby leases from TUSTIN
the "Lease Premises" which includes the real property, improvements, furnishings and
equipment described in Exhibit "A" and Exhibit "C ", attached hereto, and by reference made a
part hereof. The property and improvements are shown on Exhibit "B" which is attached hereto
and by reference made a part hereof.
2. TERM, COMMENCEMENT, TERMINATION
2.1 Commencement and Termination. Unless earlier terminated in accordance with
the provisions of this Lease, the term ( "Term ") of this Lease shall commence on the date that the
City issues a Notice of Commencement of Lease pursuant to Section 2.2 of the Implementation
Agreement (the "Lease Commencement Date ") and shall run concurrently with and end on the
date that the Fire Services Agreement between TUSTIN and OCFA and any revisions,
extensions or replacements expire. If the Fire Services Agreement is terminated for any reason,
this Lease shall also immediately terminate in its entirety. Upon the Lease Commencement Date,
it is mutually agreed that the existing lease for Tustin Fire Station No. 37 located at 14901
Service Road, Tustin, California shall automatically terminate with respect to its applicable
premises. All personal property and /or equipment (fixtures, partitions, counters, and shelving)
attached to and /or placed upon any portion of the existing Tustin Fire Station No. 37 and its
applicable premises by OCFA pursuant to the existing lease between the parties shall remain the
personal property of OCFA who shall have the right to remove same. OCFA agrees to remove
the personal property in a timely manner. OCFA also agrees that the improvements, furnishings
and equipment attached to the realty in the new Tustin Legacy Fire Station are to be new
installations and that the OCFA shall not reinstall old personal property in the new Tustin
Legacy Fire Station.
The term of this Lease shall be automatically extended in conjunction with each extension of the
Fire Services Agreement and the Lease will expire on the same day as provided in final approved
extension to the Fire Services Agreement.
In the event TUSTIN and OCFA agree in writing, prior to the expiration date of the Fire Services
Agreement, to extend the Fire Services Agreement, then this Lease shall remain in full force and
effect; however, if at any time after the expiration date of the Fire Services Agreement has
passed and either TUSTIN or the OCFA give written notice that the Fire Services Agreement
will not be extended and is requesting that the Lease be terminated, then the Lease, thereafter,
shall terminate on the day the OCFA vacates the Premises, but not later than 90 days from the
date said written notice is received by either TUSTIN or the OCFA.
2.2 Option to Terminate Lease. TUSTIN and OCFA shall each have the option to
terminate this Lease at any time upon giving the other party written notice at least three hundred
sixty -five (365) days prior to the termination date identified in the notice. If the Fire Services
Agreement is terminated for any reason, this Lease shall terminate concurrently.
2.3 Commencement of Possession. If the City is unable to give possession of the
Premises on the Lease Commencement Date, this Lease shall not be void or voidable by OCFA
AND THE City shall not be subject to any liability for such failure to give possession on such
date. No such failure to give possession on the Lease Commencement Date shall in any way
affect the obligations of OCFA hereunder, nor shall the same be construed in any way to extend
the Term of the Lease, however, in no event shall the Lease Commencement Date begin prior to
the commencement of possession of the Premises by OCFA, without the express written
approval by City.
Lease:
2.4 Survival of Termination. The following provisions shall survive termination of this
Section 2.5.1 (Surrender)
Section 2.5.2 (Restoration)
2.5 Surrender and Restoration.
2.5.1 Surrender. Upon expiration of the Term of this Lease or its termination by TUSTIN
or OCFA, OCFA shall quietly and peacefully remove itself and its property from the Lease
Premises and surrender the Lease Premises to TUSTIN on the expiration date in good order, .
condition and repair (except reasonable wear and tear) and free and clear of all liens and
encumbrances (other than (a) those, if any, permitted hereby or otherwise created or consented to
by TUSTIN, and (b) any leasehold mortgage permitted in writing by TUSTIN). In the event that
TUSTIN terminates this Lease for a default of the Lease by OCFA, OCFA shall be allowed a
reasonable period of time, as determined by TUSTIN, in which to remove all of its property
from, and terminate its operation on, the Lease Premises. During such period prior to surrender,
all obligations assumed by OCFA under this Lease shall remain in full force and effect.
TUSTIN may in its discretion, following thirty (30) days written notice to OCFA, declare any
property which is owned by OCFA and which has not removed from the Leased Premises upon
surrender of the Lease Premises, as abandoned property.
2.5.2 Restoration. Before expiration or prior to termination of the Lease, OCFA shall restore the
Lease Premises to the condition in which it was on the Lease Commencement Date and prior to
use by OCFA, or to such improved condition as may have resulted from any improvements made
therein by OCFA, subject however to ordinary wear and tear and loss or damage for which
OFCA is not liable hereunder. OCFA is not obligated to restore improvements to the Lease
Premises once those improvements have been demolished or demolish improvements that have
been completed during the Term of this Lease. Costs of such restoration shall be the
responsibility of each party as provided in the existing agreements between Tustin and OCFA, as
the same may be amended from time to time, including the Amended Joint Powers Agreement
(collectively, the "Existing Tustin/OCFA Agreements.
3. CONSIDERATION / RENT
3.1 Generally. For purposes of this Lease, Base Rent and Additional Rent are hereinafter
referred to as "Rent'. All Rent payments due and owing shall be made to TUSTIN and shall be
delivered to the TUSTIN Finance Director at 300 Centennial Way, Tustin, California, 92780, or
to a third party at such other place that TUSTIN may designate in writing from time to time.
3.2 Base Rent. In consideration of the fire protection and medical aid services to be
provided by OCFA to TUSTIN, as set forth in the Fire Services Agreement, OCFA shall not be
obligated to pay Base Rent to TUSTIN for use of the Lease Premises.
3.3 Additional Rent. In addition to the Base Rent, OCFA shall pay the following direct
operating expenses and additional cost reimbursements set forth in this Section 3.3, with all sums
payable being deemed "Additional Rent" for California statutory remedy purposes.
3.3.1 Operating Expenses. OCFA shall be responsible for all operating expenses of the
Leased Premises and directly pay all charges, impositions, costs and expenses of every nature
and kind related to the operation of the Lease Premises ( "Operating Expenses ") after the Lease
Commencement Date including, but not limited to, utility costs and all costs related to the
operating of the Lease Premises after the Lease Commencement Date, the cost of capital
improvements other than capital improvements anticipated in the MOU and Implementation
Agreement which shall be borne as set forth in the MOU and Implementation Agreement,
routine maintenance, insurance, taxes, code compliance, and provisions necessary for security,
and any costs necessary to comply with the terms, covenants and conditions of this Lease except
the they may otherwise be the responsibility of TUSTIN under this Lease or under the Existing
Tustin/OCFA Agreements "). In addition, OCFA shall pay for, or directly perform, all protection
and routine maintenance services for Lease Premises as described in Section 6. Costs of building
and site design, plan review, site preparation, and construction at the Lease Premises shall be
borne as set forth in the MOU and Implementation Agreement. OCFA shall have no
responsibility for mechanics liens arising from services performed or materials or supplies
provided prior to the Lease Commencement Date. Except as expressly set forth herein, this
Agreement does not modify the requirements of the Existing Tustin/OCFA Agreements. Any
costs incurred by Tustin resulting from OCFA's failure to perform under this Section shall be a
"Cost Reimbursement" obligation under Section 3.3.2.
3.3.2 Additional Cost Reimbursement. All sums payable by OCFA to Tustin under this
Lease which are not Base Rent or Operating Expenses shall be deemed a "Cost Reimbursement ".
A Cost Reimbursement shall include any and all costs incurred by TUSTIN which (a) are
specifically attributable to an action (or inaction) of OCFA under this Lease, (b) constitute a
claim and /or loss incurred by TUSTIN (as result of OCFA's action or inaction) or OCFA's use
thereof, or action or inaction with respect thereto, and /or (c) arise as a result of, or are related to,
OCFA's failure to provide the protection and maintenance services as required by Section 3.3
and Section 6 of this Lease. Upon incurring any such Cost Reimbursement expense, TUSTIN
shall advise OCFA in writing of such costs and OCFA shall be obligated to pay to TUSTIN the
full amount of the Cost Reimbursement within thirty (30) calendar days of the date of such
invoice for such costs.
3.4 Late Charles. If any payment, or any part thereof, to be made by OCFA to TUSTIN
pursuant to the terms of this Lease shall become overdue for a period in excess of ten (10)
calendar days, then in addition to any other remedies available to TUSTIN under this Lease or
otherwise, OCFA shall pay to TUSTIN late charge interest from the date such payment, or part
thereof, was due until the date paid equal to ten percent (10 %) per year of such overdue amount
for purposes of defraying the expense incident to handling such delinquent payment, in addition
to interest from the date such payment or part thereof was due, at the default rate of ten percent
(10 %) per year.
3.5 No Waiver. Nothing herein or in the imposition or acceptance by TUSTIN of default
interest shall be construed as a waiver of any rights of TUSTIN arising out of any default of
OCFA hereunder; the right to collect any such default interest is separate and apart from any
rights or remedies of TUSTIN relating to any such default by OCFA.
3.6 Net Lease. OCFA hereby acknowledges and agrees that this Lease is intended to be
triple net lease to OCFA and, except as expressly stated herein or in Existing Tustin/OCFA
Agreements, TUSTIN is not responsible for any costs, charges, expenses and outlays of any
nature whatsoever arising from or relating to the Lease Premises, or the use and occupancy
thereof, or the contents thereof, or the business carried on therein, and OCFA shall pay all
charges, impositions, costs and expenses of every nature and kind related to the Lease Premises.
As set forth -in Section 3.3 and Section 6, all costs of maintenance and repair of the Lease
Premises, all costs of insuring the Lease Premises as identified in Section 8 and all Taxes, as that
term is defined in Section 10, attributable to the Lease Premises shall be directly paid by OCFA.
Nothing in this Section 3.6 limits TUSTIN's obligations under the Existing Tustin/OCFA
Agreements.
4. Furniture and Equipment
4.1 Purchases. In conjunction with the construction of the new Tustin Legacy Fire
Station, City has designed, in collaboration with OCFA, and will fund the installation of certain
new fixtures, furniture and equipment for the Leased Premises. Certain fixtures, furniture and
equipment have been purchased directly by City in conjunction with the award of the
Construction Contract for the new Tustin Legacy Fire Station as shown on Exhibit C.
Considerable attention has been paid in this process to ensure a high quality of finishes and
aesthetic appearance of the new Tustin Legacy Fire Station. OCFA acknowledges and agrees
that it is the intent of both parties that installation of fixtures, furniture and equipment in the new
Fire Station will be new installations and that the OCFA will not reinstall old furniture, fixtures
and equipment except for relocating its Engine Pumper and any emergency firefighting
equipment and technical computer support and communication equipment.
OCFA has requested that they be permitted to purchase certain furniture, fixtures and equipment
as shown on Exhibit D and specified for the new Tustin Legacy Fire Station by OCFA utilizing
OCFA vendors ( "OCFA Vendor Supplied Property "). Except as otherwise provided herein,
OCFA shall purchase and City shall reimburse OCFA for actual cost of OCFA Vendor Supplied
Property and City shall own the OCFA Supplied Property until it is replaced by OCFA. OCFA
shall, at its sole expense, maintain, repair and replace OCFA Vendor Supplied Property during
the term of the Lease. City agrees to provide reimbursement to OCFA for specific furniture and
equipment items as shown on Exhibit D subject to the following:
4.1.1 OCFA reviews its final purchase specifications (including, but not limited to,
manufacturer's details, colors, materials, etc. for these specific items) with the City, for City
written approvals to ensure property coordination with interior finishes, furniture, equipment and
available infrastructure, and the designed location of specific items on the approved
Construction Plans for the new Tustin Legacy Fire Station.
4.1.2 The purchase of OCFA Vendor Supplied Property shall not exceed Fifty Thousand
Dollars ($50,000).
4.1.3 To the extent OCFA purchasing relationships with vendors results in savings to the
purchase price for such City reimbursed items, this savings shall be for the benefit of the City
and OCFA shall not be authorized to purchase alternative or additional purchases for these City
reimbursable items beyond the items identified in Exhibit D without written approval of City.
OCFA agrees that it will have scheduled for delivery and installation any furniture and /or
equipment it purchases consistent with the schedule for completion of the new Tustin Legacy
Fire Station and will be responsible for any project management and coordination required to
ensure adequate coordination of installations with the construction contractor and other
furniture, fixture and equipment installations by other parties, at OCFA's sole cost and expense.
4.2 Moving and Relocation Expenses. In consideration of the considerable project
costs that have been borne by the City for the new Tustin Legacy Fire Station, OCFA
acknowledges and agrees that it will be responsible, at its sole cost and expense, for moving any
contents or items to the Leased Premises consistent with the provisions of Sections 4.1 and
4.1.3.
5. USE OF LEASED PREMISES
5.1 Permitted Use of Lease Premises. OCFA may use and occupy the Lease Premises
for the purposes of operating and maintaining a Fire Station Facility and other purposes
incidental and related hereto.
5.1.1 Accommodation for Tustin Police Department. OCFA recognizes that
with the increase in development and activities at Tustin Legacy that the Tustin Police
Department is currently experiencing an increase in patrols and resulting activities in the
southern portion of the City. TUSTIN is working towards creating a permanent sub - station at
Tustin Legacy; however, until such time that a permanent sub - station is created OCFA agrees to
accommodate space for on -duty Tustin Police officer(s) to complete typical administrative duties
(i.e. desk for report writing) based upon the availability of a desk area and,that it does not impact
the operation of the Lease Premises.
5.2 Compliance with Laws and Regulations. OCFA covenants and agrees that it shall
observe and comply with all laws, orders, regulations, rules, ordinances and requirements now in
force, or which may thereafter be in force, of federal, state, county and city governments, and of
all other governmental authorities applicable to the Lease Premises, or any part thereof, and all
departments, bureaus or officials, whether such laws, orders, regulations, rules or ordinances
relate to alterations or repairs to or in and about the Lease Premises or to changes or
requirements incident to or as a result of any use or occupation thereof, or otherwise
(collectively, the "Governmental Requirements "). OCFA shall pay all costs, expenses, claims,
fines, penalties and damages that may in any manner arise out of or be imposed because of
failure of OCFA to comply with the provisions of this Section.
5.3 Toxic Materials. OCFA hereby warrants and represents that OCFA in its
operation of the Lease Premises will comply with all laws and regulations relating to the storage,
use and disposal of hydrocarbon substances and hazardous, toxic or radioactive matter, including
those materials identified in Title 22, California Administrative Code Sections 66680 through
66685, as amended (collectively "Toxic Materials "). Except as provided in Section 11
(Underground Fuel Tanks), OCFA shall be responsible for and shall indemnify and hold
TUSTIN, its officers, directors, consultants, employees, agents, and representatives, harmless
from and against all claims, costs and liabilities, including attorneys' fees and costs, arising out
of or in connection with the storage, use, and disposal of Toxic Materials on the Lease Premises
by OCFA. If the storage, use, and disposal of Toxic Materials on the Lease Premises is caused by
OCFA and results in contamination or deterioration of water or soil resulting in a level of
contamination greater than maximum allowable levels established by any governmental agency
having jurisdiction over such contamination, OCFA shall promptly take any and all action
required to clean up such contamination to the maximum allowable levels.
OCFA shall, at OCFA's sole expense, furnish TUSTIN with a hazardous materials report at the
end of the lease term.
6. ALTERATIONS
6.1 OCFA shall not make alterations to the Lease Premises without TUSTIN's prior
written consent except as may be identified in Section 5.2. Alterations shall mean any
modifications, additions, or improvements to the real property or improvements that will be
provided by OCFA ( "Alterations "), whether by addition or deletion. It is intended by the Parties
that after commencement of the Lease Term, TUSTIN shall have no obligation, in any manner,
to fund or complete any alterations to the Lease Premises.
Except with respect to Minor Alterations (as hereinafter defined), OCFA shall process all
alterations, as applicable, consistent with the provisions of Section 5. All Alterations (including,
without limitation, all Minor Alterations) shall be done promptly and in good and workmanlike
manner and shall be of like quality and class.
6.2 OCFA may from time to time after commencement of the Lease Term without
TUSTIN's prior approval, perform Alterations to the real property or improvements that are non-
structural alterations ( "Minor Alterations ") provided such Minor Alterations individually meet
all of the following criteria:
(1) Would not require OCFA to apply for and obtain a building permit for the
completion of the Minor Alteration;
(2) Would not result in a violation of any provision of this Lease;
(3) Would not cost in excess of twenty -five thousand dollars ($25,000);
(4) Would not result in substantial change in the character of improvements, or the
use for which they are intended, or in a substantial change in access or major
entries to, or public areas on, the Lease Premises;
(5) Would not involve or result in any change in the exterior of the improvements that
materially changes the design of the improvements, based on the original
approved plan for the improvements;
(6) Would not be of lesser quality or result in the diminution of the value of the Lease
Premises;
(7) Would not weaken the structural integrity of the improvements, or any portion
thereof.
(8) Would not, without written consent of the Lessor, demolish or remove all or any
structural part of the real property or any improvement located upon the Lease
Premises, except any existing improvements on the Lease Premises that are
demolished or removed by the Lessee in compliance with the provisions of this
Lease.
6.3 Construction of Improvements.
6.3.1 In the event that OCFA desires to construct Alterations which are not considered
Minor Alterations, OCFA shall prepare and submit to TUSTIN construction plans and other
drawings or plans and all related documents pertaining to the Lease Premises ( "Construction
Drawings ") for TUSTIN's review and written approval. Construction drawings are hereby
defined as those required for, and in sufficient detail to obtain any required, City of Tustin Land
Use Entitlement and building permits for all OCFA improvements for which permits are
required. TUSTIN shall approve or disapprove Construction Drawings within the time frames
for normal construction plan check processing established by the City of Tustin. Any
disapproval shall state in writing the reasons therefore and the changes which TUSTIN requests
be made. OCFA shall revise. Construction Drawings and resubmit them to TUSTIN, and
TUSTIN's review and approval process shall recommence.
6.3.2. Required Licenses and Permits. Before commencement of construction of
Alterations on the Lease Premises, OCFA shall, at its own expense, secure or cause to be
secured, all licenses and permits which may be required by the City of Tustin or any other
governmental agency affected by such construction.
6.3.3 OCFA shall require its contractors to agree in writing to indemnify TUSTIN from
contractor's negligence or willful misconduct in the construction of any improvements by OCFA
on the Lease Premises and to secure Commercial General Liability insurance defending and
indemnifying TUSTIN in the event of claims arising from any alleged negligence of contractor
or its subcontractors.
6.3.4 All work and materials shall be good quality, and all workers and subcontractors
shall be skilled in their trades.
6.3.4 OCFA covenants and agrees that, solely at OCFA's expense, it shall maintain the
Lease Premises during and after any construction and keep Lease Premises reasonably free of
debris, waste, surplus materials, and surplus equipment.
6.3.5 OCFA shall keep the Lease Premises free of any liens or stop notices.
6.3.6 Upon completion of construction, OCFA shall furnish TUSTIN with as -built
plans and specifications.
6.3.7 OCFA shall be responsible for any applicable prevailing wage requirements as
identified in Section 12 of the Lease.
7. PROTECTION, REPAIR, AND MAINTENANCE
7.1 As provided in Section 3.1 of the Implementation Agreement, TUSTIN shall
maintain the Site in good and safe condition until a Notice of Commencement of the Lease is
issued to OCFA.
After issuance of the Notice of Commencement of the Lease and until the Lease is terminated as
provided herein, OCFA shall provide for the protection, routine maintenance, repair and shall
keep the Lease Premises in a good order and condition (including structural and non - structural
conditions), and exercise due diligence in protecting the Lease Premises against damage and
destruction by fire and other causes, subject to applicable provisions of this Lease.
In addition, OFCA shall also provide repainting of interior and exterior surfaces (as needed); the
servicing, routine maintenance and repair of plumbing, electrical, mechanical and HVAC
systems; fire sprinkler system, and apparatus doors; and all routine repairs to the interior or
exterior of the Leased Premises and its improvements.
OCFA shall also provide for the routine repair and maintenance or replacement, if necessary, of
exterior walls, landscaping and irrigation, parking areas, ramps and driveways, dispenser
systems, roof coverings, fixtures, equipment, and furnishings. An inventory of furnishings
provided with this Lease is shown in Exhibit "C" attached hereto and made a part hereof.
OCFA shall not be responsible for any maintenance, repairs, or replacements covered by any
warranty of the construction contracts for the site entered into prior to the Lease Commencement
Date.
Costs of protection, maintenance, repair, replacement, servicing, repainting and upkeep under
this Lease shall be the responsibility of each party as provided in the Existing Tustin/OCFA
Agreements.
7.2 Building and Safety Requirements. OCFA .agrees to maintain the Lease
Premises as a "safe place of employment ", as defined in the California Occupational Safety and
Health Act (California Labor Code, Division 5, Part 1, Chapter 3, beginning with Section 6400)
and the Federal Occupational Safety and Health Act, where the provisions of such Act exceed, or
supersede, the California Act, as the provisions of such Act are applicable on the date of this
Lease.
The cost of repairs required to assure structural integrity and that the facility remains in
compliance with applicable building codes, will be the sole responsibility of OCFA. .
8. UTILITIES
OCFA shall be responsible for and pay when due, prior to the delinquency date, all charges
and /or assessments for water, sewer, gas, electricity, telephone, trash disposal services, or other
communication services or cable television and all other forms of utility services of every kind
and nature used, rendered, or supplied to, upon, or connection with the Lease Premises
throughout the Term, including all charges for installation after the Lease Commencement Date
of meters, conduits, or other facilities required for such service. OCFA shall indemnify TUSTIN
from and defend and hold TUSTIN harmless against any claim, liability, damage, loss, costs or
expenses in connection with such charges.
9. INSURANCE
9.1 Fire Insurance. TUSTIN shall procure, pay all premiums upon, and maintain
for the benefit of OCFA and TUSTIN, throughout the term of this Lease, fire insurance with
extended coverage on the Fire Station Facility to the full insurable value of all improvements
thereon. Included in the policy or policies of fire insurance shall be a standard waiver of right of
subrogation against OCFA and TUSTIN by the insurance company issuing said policy or
policies. TUSTIN shall provide OCFA evidence of compliance with these requirements. At
TUSTIN's option, TUSTIN may self - insure the coverage required by this section.
9.2 Public Liability Insurance. OCFA agrees, at its sole expense, to maintain in
force during the term of this Lease comprehensive general liability insurance, insuring against
claims for injuries to persons or property occurring in, upon, or about the Lease Premises. Said
insurance shall have limits of not less than $2,000,000 and $2,000,000 for injuries to person or
persons, and not less than $2,000,000 for property damage. Such insurance shall be provided
with an insurer 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 or A -X (if offered by a surplus line carrier that is
non - admitted), or through evidence of self - insurance. Evidence of such insurance shall be
delivered to TUSTIN on or before the Lease Commencement Date, including provision of
certificates of insurance or self - insurance and required insurer endorsements. Insurance
endorsements (or a copy of the policy, if applicable) shall be provided as evidence of meeting the
requirements of this Section. All insurance shall be maintained on an occurrence basis. The
Insurer's shall specifically identify this Lease and the police shall contain express conditions
and /or be endorsed to contain the following provisions:
a. TUSTIN is to be given at least thirty (30) days advance written notice of any material
modification in or termination of insurance.
b. Coverages are to be primary and not contributory with any other insurance
maintained by TUSTIN.
c. Endorsement shall name TUSTIN, and its officers, officials, employees, consultants,
agents and contractors as additional insureds.
d. An endorsement shall provide that all losses shall be payable notwithstanding any
act, or failure to act, or negligence, of TUSTIN, or any other person.
e. An endorsement that the insurer waives any right of subrogation against TUSTIN
which may arise by reason of any activities of OCFA, TUSTIN, or payments under
the policy. With approvals from TUSTIN, OCFA may self - insure the coverages
required by this paragraph.
9.3 Workers Compensation Insurance. Workers Compensation insurance shall be
maintained by OCFA in an amount and form meeting all applicable requirements of the
California Labor Code, covering all persons providing services by or on behalf of OCFA and all
risks to such persons. The worker's compensation policies are also to contain, or be endorsed to
contain, the following provisions:
a. "the insurer waives any right of subrogation against TUSTIN which may arise by
reason of any activities of OCFA, TUSTIN, or payments made under this policy ".
b. Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits
except after thirty (30) days prior written notice by certified mail, return receipt
requested, has been given to TUSTIN.
9.4 Builder's Risk Insurance. Commencing upon the construction of any Major
Alterations which include buildings and structures only, and continuing until such time as the
applicable Major Alterations are accepted and determined completed by TUSTIN, OCFA shall
obtain and maintain a builder's risk policy with respect to such improvements, including clauses
of property coverage form policies. Such insurance shall be maintained in an amount not less
that one hundred percent (100 %) of the full insured value of Major Alterations.
10. INDEMNIFICATION
OCFA shall indemnify, defend, and save harmless CITY, its officers, directors, consultants,
agents, and employees, from and against any and all claims, demands, losses, or liabilities of any
kind or nature which CITY, its officers, directors, consultants, agents, and employees may
sustain or incur or which may be imposed upon them, or any of them, for injury to or death of
persons, or damage to property as a result of, or arising out of, the negligence or willful
misconduct of OCFA, its officers, agents and employees, in connection with this Lease except to
the extent caused by the acts or omissions of CITY.
Likewise, CITY shall indemnify, defend, and save harmless OCFA its officers, directors,
consultants, agents, and employees, from and against any and all claims, demands, losses, or
liabilities of any kind or nature which OCFA, its officers, directors, consultants, agents, and
employees may sustain or incur, or which may be imposed upon them, or any of them, for injury
to or death of persons, or damage to property as a result of, or arising out of, the negligence or
willful misconduct of CITY, its officers, agents and employees, in connection with this Lease,
except to the extent caused by the acts or omissions of OCFA.
11. TAXES AND ASSESSMENTS
11.1 Generally. OCFA shall pay all Taxes (as hereinafter defined) levied or imposed
upon the Leased Premises or TUSTIN or OCFA's interest therein during the Term, prior to
delinquency. Taxes shall mean all real and personal property taxes, assessments and
governmental charges, whether federal, state, county or municipal, and whether general or
special, ordinary or extraordinary, foreseen or unforeseen, imposed upon the Leased Premises,
the Rent, or any possessory interest therein, or on the operation of the Leased Premises. OFCA
shall pay to the appropriate governmental authority any use, possessory interest, and /or
occupancy tax applicable to the Leased Premises. In the event that TUSTIN is required by law
to collect such tax, OCFA shall pay such use and occupancy tax to TUSTIN as a Cost
Reimbursement within ten (10) days of demand and TUSTIN shall remit any amounts so paid to
TUSTIN to the appropriate government authority.
11.2 Future Taxes. The interest created by this Lease may, at any time, be subject to
property taxation under the laws of the State of California. If property taxes are imposed, the
party in whom the possessory interest is vested may be subject to the payment of the taxes levied
on such interest. This notice is included in this Lease pursuant to the requirements of Section
107.6 (a) of the Revenue and Taxation Code of the State of.California.
11.3 Proration. All Taxes originally imposed upon OCFA, and payable with respect to
the Leased Premises, shall be prorated on a per diem basis for any partial tax year included in the
Term. OCFA's obligation to pay Taxes during the last year of the Term shall survive the
termination of the Lease.
11.4 Payment by TUSTIN. In the event that OCFA fails to pay such taxes,
assessments or charges, if any, TUSTIN may, at its option, at any time during the said ten (10)
day period after delinquency, pay any such taxes, assessments or charges, together with all
penalties and /or interest which may have been added thereto by reason of any such delinquency
or default, and may likewise redeem the Lease Premises, or any part thereof, of the buildings or
improvements located thereon, from any tax sale or sales. Any such amounts so paid by the
Lessor shall be immediately paid by OCFA to TUSTIN.
12. UNDERGROUND FUEL TANKS
OCFA shall be responsible for repairing and maintaining the underground fuel tank system
installed as part of the Fire Station Facility. OCFA shall be responsible for repairs and
maintenance to the above -ground tank equipment and said underground fuel. tank system shall be
monitored on a 24 -hour, daily basis. Upon TUSTIN's request, OCFA shall provide TUSTIN with
results of monitoring, or when there are any breaks or system failures identified as a result of
said monitoring. OCFA shall be responsible for all mitigation of contamination caused by any
fuel leakage from said underground tanks occurring during the term of this lease and any
extension thereof, and for any and all contamination which starts during the term of any
extensions and continues after the end of the term or extensions thereof.
OCFA shall be responsible for all mitigation of contamination due from any OCFA caused fuel
spills occurring during the term of this lease and any extension and for any and all contamination
which starts during the term of any extensions and continues after the end of the term or
extensions thereof.
13. NON- DISCRIMMINATION, CIVIL RIGHTS AND OTHER PREVAILING WAGE
COMPLIANCE REQUIREMENTS
13.1 Non - Discrimination and Equal Opportunity.
13.1.1 OCFA covenants and agrees, for itself and each and every person claiming by,
through, or under, the OCFA, that (a) it shall not discriminate against any employee or applicant
for employment on any basis prohibited by law and that it will comply with all applicable
provisions of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and
the Age Discrimination in Employment Act of 1975 in the use and occupancy, of the Lease
Premises.
13.1.2 Equal Opportunity. OCFA shall provide equal opportunity in all employment
practices. OCFA shall not discriminate against any employee or applicant for employment
because of race, color, religion, sex, or national origin. OCFA shall take affirmative action to
ensure that applicants are employed, and that employees are treated during employment, without
regard to their race, color, religion, sex, or national origin. Such action shall include, but not'be
limited to, the following: employment, upgrading, demotion or transfer, recruitment or
recruitment advertising, layoff or termination, rate of pay or other forms of compensation and
selection for training, including apprenticeships. OCFA shall post in conspicuous places
available to employees and applicants for employment, notices setting for the provisions of this
non - discrimination.
13.1.3 Obligation to Refrain from Discrimination. OCFA covenants and agrees for
itself, each and every person claiming by, through, or under the Lessee, that:
1. No Discrimination. There shall be no discrimination against or
segregation of any person, or group of persons, on account of race, color, creed, religion, sex,
sexual orientation, marital status, national origin or ancestry in the sublease, assignment, use,
occupancy, tenure or enjoyment of the Lease Premises or in construction of improvements on the
Lease Premises; nor shall OCFA itself, or any person claiming under or through it, establish or
permit any such practice or practices of discrimination or segregation with reference to the use or
occupancy of OCFA on the Lease Premises, contractors or vendees of the Lessee;
2. Deed Restrictions. All contracts shall contain or be subject to
substantially the following non - discrimination or non - segregation clauses:
In contracts. There shall be no discrimination against or segregation of any
person or group of persons on account of.race, color, creed, religion, sex, sexual orientation,
marital status, national origin or ancestry in the Lease, sublease, transfer, use, occupancy, tenure
or enjoyment of the land, nor shall OCFA itself, or any person claiming under or through it,
establish or permit any such practice or practices of discrimination or segregation with reference
to the selection, location, number, use or occupancy of OCFA, contractors or vendees in the
Lease Premises.
13.2 Compliance with ADA. OCFA represents, warrants and covenants that OCFA
shall conduct its business in accordance with any applicable requirements of the American with
Disabilities Act of 1990 (the "Act "), as may be amended, and with all other applicable federal,
state and local statutes, rules, regulations and ordinances related to handicap accessibility.
13.3 Prevailing Wage Requirements.
OCFA hereby acknowledges and agrees that construction of additional improvements by OCFA
under the Lease will be subject to applicable federal and state labor laws and requirements and
that they shall be responsible for investigating the applicability of and, if and to the extent
applicable, pay prevailing wages for construction of improvements meeting the requirements of
state law, or Davis -Bacon Act wages required by federal law (for certain federally grant funded
construction activities, as applicable), or if both are applicable, meeting the higher of the
foregoing requirements. OCFA hereby agrees that it shall be fully responsible for determining
whether the foregoing wage requirements are applicable. OCFA agrees to give TUSTIN prompt
written notice of any violation, potential violation, or non - compliance by OCFA of these
requirements as identified by the applicable agency overseeing such compliance. As a material
part of the consideration for the Base Rent under this Lease, OCFA shall also indemnify, protect,
defend and hold harmless TUSTIN and its appointed and elected officers, officials, employees,
agents and contractors from and against any and all claims or acts or omissions of OCFA in
connection with the failure of OCFA or its officers, officials, employees, agents or contractors to
comply in construction of improvements or alterations of the Lease Premises with any applicable
prevailing wage requirements imposed by state and /or the Davis -Bacon requirements imposed by
federal law.
14. DEFAULTS AND REMEDIES
14.1 In the event of any breach of this Lease by OCFA, TUSTIN shall notify OCFA in
writing of such breach, and OCFA shall have thirty (30) days in which to initiate action to cure
said breach and OCFA shall proceed to complete the cure of such breach with due diligence.
In the event of any breach of this Lease by TUSTIN, OCFA shall notify TUSTIN in writing of
such breach, and TUSTIN shall have thirty (30) days in which to initiate action to cure said
breach and TUSTIN shall proceed to complete the cure of such breach with due diligence.
14.2 Damage or Destruction. In the event of partial or complete destruction of the
Lease Premises due to OCFA's negligence, OCFA shall immediately make repairs as are
necessary to restore the Lease Premises to the condition which existed prior to destruction or
damage and /or make repairs as are necessary to make the Lease Premises safe and fit for
occupancy. The destruction (including any destruction necessary in order to make repairs
required by any declaration), damage or declaration shall in no way render this Lease null and
void.
If OCFA refuses to make such repairs, or if such repairs are not completed by OCFA within a
reasonable time and schedule to be agreed upon by the parties in the reasonable exercise of their
discretion, TUSTIN may, at its option, terminate the Lease or make such repairs. Costs of such
repairs shall be the responsibility of each party as provided in the Existing Tustin/OCFA
Agreements.
In the event of partial or complete destruction of the Lease Premises due to all .causes other than
OCFA's negligence, TUSTIN shall immediately make repairs as are necessary to restore the
Lease Premises to the condition which existed prior to destruction or damage and /or make
repairs as are necessary to make the Lease Premises safe and fit for occupancy, provided that
TUSTIN shall be entitled to receive any insurance proceeds from OCFA's and Tustin's policies
and attributable to the damage of the Lease Premises, excluding the value of the land and
excluding coverage for OCFA equipment and furnishings which OCFA shall be entitled to
receive, and TUSTIN shall commence repair to such damage within a time period agreed to in
writing: Both parties and this Lease shall continue in full force and effect. The destruction shall
in no way render this Lease null and void.
If TUSTIN does not make'such repairs within a reasonable time, or if such repairs are not
completed by TUSTIN schedule to be agreed upon by the parties in their discretion, OCFA may,
at its option, terminate this Lease.
15. OWNERSHIP OF IMPROVEMENTS
During the Term of this Lease, the improvements constructed upon the Leased Premises by
OCFA shall be and remain the property of OCFA. Upon expiration or earlier termination of the
Lease, the improvements shall become the property of TUSTIN without any right of OCFA to
receive compensation therefor and without further act required of either TUSTIN or OCFA.
16. LEASEHOLD MORTGAGES
16.1 No Subordination. The fee estate and TUSTIN's interest under this Lease shall not be
subordinate to any mortgage unless approved in writing by TUSTIN.
16.2 Subject to Lease. All mortgages and all renewals, modifications, consolidations,
replacements and extensions thereof, shall be subject and subordinate to this Lease. Each
mortgagee shall, as a condition precedent to approval of TUSTIN, execute instruments and /or
documents as TUSTIN may request be signed.
16.3 Cross - Collateralization Prohibited. This Lease shall not be cross - collateralized to
serve as additional security for any loan by any mortgage, which is also secured by real property
other than the Leased Premises, the improvements thereon, any portion thereof, or any interest
therein.
17. LIMITATION ON LIABILITY
In consideration of the benefits accruing hereunder, OCFA and all approved covenant and agree
that, in the event of any actual or alleged failure, breach, or default hereunder by TUSTIN: (a) no
official, officer, or employee of TUSTIN (each " TUSTIN Party ") shall be sued or named as a party
in any suit or action (except as may be necessary to secure jurisdiction over TUSTIN); (b) no
service of process shall be made against any TUSTIN Party (except as may be necessary to secure
jurisdiction over TUSTIN); and (c) these covenants and agreements are enforceable by TUSTIN
and also by any TUSTIN Party.
18. NOTICES
All written notices to be given or other documents to be delivered by either party pursuant to this
Lease, or any law applicable hereto, must be either personally delivered or placed in a sealed
envelope, postage prepaid, addressed to the person on whom it is to be served and deposited in
the United States Mail in the State of California, duly certified, at the following address, or such
address as any party may designate by providing notice to the other parties as provided herein:
TO: TUSTIN
City Manager
City of Tustin
300 Centennial Way
Tustin, CA 92780
and
19. GENERAL PROVISIONS
TO: OCFA
Fire Chief
Orange County Fire Authority
1 Fire Authority Road
Irvine, CA 92602
Battalion Chief
Strategic Planning Division
Orange County Fire Authority
1 Fire Authority Road
Irvine, CA 92602
19.1 Inspection and Right of Entry. TUSTIN, or its authorized representative, shall
have the right at all reasonable times to inspect the Fire Station Facility to determine if the
provisions of this Lease are being complied with.
19.2 Successors In Interest. Unless otherwise provided in this Lease, the terms,
covenants, and conditions contained herein shall apply to and bind the heirs, successors,
executors, administrators, and assigns of all the parties hereto, all of whom shall be jointly and
severally liable hereunder.
19.3 Consent to Jurisdiction and Applicable Law. The Parties hereto agree that all
actions and proceedings arising in connection with this Lease shall be tried and litigated exclusively
in the Superior Court of the County of Orange, State of California, in any other appropriate court of
that county, or in the United States District Court for the Central District of California. This choice
of venue is intended by the Parties to be mandatory and not permissive in nature.
The Lease shall be governed by, interpreted under, construed and enforced in accordance with the
laws of the State of California, irrespective of California's choice -of -law principles.
19.4 Legal Fees. Should either party hereto institute any action or proceeding in court to
enforce any provision hereof, or for damages, by reason of any alleged breach of any provision of
this Lease, the prevailing party shall be entitled to receive from the losing party such amount as the
court may adjudge to be reasonable attorney's fees for services rendered to the prevailing party in
such action or proceeding, subject to the TUSTIN's Limitations on Liability identified in Section
16.
19.5 Entire Agreement, Waivers and Amendments. This Lease and the Existing
Tustin/OCFA Agreements shall be construed together and interpreted, whenever reasonable to
do so, in a manner that avoids conflicts and inconsistencies, while giving effect to the intentions
of the parties to the agreements. In the event of an inconsistency between this Lease and the JPA,
the JPA shall prevail. Except as expressly set forth herein, this Lease does not modify the
requirements of the Existing Tustin/OCFA Agreements. No amendment, change, modification or
supplement to this Lease shall be valid and binding on any of the Parties unless it is signed by the
appropriate and authorized signatories of the OCFA and TUSTIN.
19.6 Construction and Interpretation of Lease.
19.6.1 The language in all parts of the Lease shall, in all cases, be construed simply, as a
whole, and in accordance with its fair meaning and not strictly for or against any Party.
19.6.2 If any term or provision of the Lease, the deletion of which would not adversely
affect the receipt of the material benefit by any Party hereunder, shall be held by a court of
competent jurisdiction to be invalid or unenforceable, the remainder of the Lease shall not be
affected thereby and each other term and provision of the Lease shall be valid and enforceable to
the fullest extent permitted by law.
19.6.3 Any captions of the sections of subsections in this Lease are inserted solely for
convenience and reference only and shall not define, explain, modify, construe, limit, amplify or
aid in the interpretation, construction or meaning of any of the provisions of the Lease.
19.6.4 As used in this Lease, and as the context may require, the singular includes the
plural and vice versa and the masculine gender includes the feminine and vice versa; the words
"include" and "including" mean respectively "include, without limitation" and "including,
without limitation," and "shall" be mandatory and "should" and "may" are permissive.
19.7 Covenant of Cooperation. The Parties shall cooperate with each other, and deal
with each other in good faith and assist each other in the performance of the provisions of this
Lease. In the event of any legal action instituted by a third party or other governmental entity or
official challenging the validity of any provision of this Lease, the Parties agree to cooperate in
defending such action to the extent permitted by law.
19.8 No Partnership /Joint Venture. Nothing contained in this Lease shall be deemed
or construed to create a partnership, joint venture, joint enterprise or any other relationship
between the Parties hereto other than Lessor and Lessee according to the provisions contained in
this Lease, or cause TUSTIN to be responsible in any way for the debts or obligations of OCFA.
19.9 No Waiver. The failure of TUSTIN to see redress for violation of, or to insist
upon the strict performance of, any covenant or condition of this Lease shall not be deemed a
waiver by TUSTIN of its rights to such redress for a prior, concurrent, or subsequent violation of
the same or any other covenant or condition of this Lease. The receipt by TUSTIN of any Rent
or other Cost Reimbursements required of OCFA with knowledge of any preceding breach by
TUSTIN of any covenant, term or condition of this Lease shall not be deemed to have been
waived by TUSTIN.
19.10 Force Majeure Delays. If either Party shall be delayed or prevented from
performance of any act required by this Lease by reason of acts of God, blockades, rebellion,
war, insurrection, acts of terrorism, strikes or lockouts, freight embargo, inability to procure
materials, unusually severe weather, reasonably unforeseeable physical condition of the Lease
Premises including the presence of Hazardous Materials, fire, earthquake or other casualty, or
other cause, without fault and beyond the reasonable control of the Party obligation (financial
inability excepted), performance of such act shall be excused for the period of delay, and the
period for the performance of any such act shall be extended for a period equivalent to the period
of such delay; provided however, that if any Party ( "First Party ") believes that an extension of
time is due to Force Majeure Delay, it shall notify the other Party (the "Second Party ") in writing
within at least thirty (30) days from the date upon which the First Party becomes aware of such
Force Majeure Delay, describing the Force Majeure Delay, when and how the First Party
obtained knowledge thereof, the date the event commenced, the steps the First Party anticipates
taking to respond to such Force Majeure Delay, and the estimated delay resulting from such
Force Majeure Delay and response. The extension of Force Majeure Delay shall be granted or
denied in the Second Party's reasonable discretion. If the Second Party's decision with respect to
such request is disputed by the First Party, the matter may be resolved in accordance with
Section 22.1 of this Lease. If the First Party fails to notify the Second Party in writing of its
request for Force Majeure pursuant to this Section, there shall be no extension for such Force
Majeure Delays. Nothing in this Section shall excuse Lessee from prompt payment of rent or
other Cost Reimbursements required by Lessee except has may be expressly provided elsewhere
in this Lease.
19.11 Binding Effect. This Lease and its terms, provisions, promises, covenants and
conditions hereof shall be binding upon and shall inure to the benefit of the Parties hereto and
their respective heirs, legal representatives, and any successors and assigns approved in writing
by Lessor.
19.12 Counterparts. This Lease may be executed in two or more separate counterparts,
each of which when so executed shall be deemed to be an original. Such counterparts shall,
together, constitute and shall be one and the same instrument. The Lease shall not be effective
until execution and delivery by the Parties of at least one full set of counterparts.
19.13 Memorandum of Lease. As may be requested by the TUSTIN, the Parties shall
execute and record a Memorandum of Lease in a form and content approved by TUSTIN .
19.14 Holding Over. In the event OCFA shall continue in possession of the Lease
Premises after the term of this Lease, such possession shall not be considered a renewal of this
Lease but a tenancy from month -to -month and shall be governed by the conditions and covenants
contained in this Lease.
19.15 Earthquake Safety. TUSTIN warrants that, as of the date of this Lease, the Fire
Station Facility is in compliance with all applicable seismic safety regulations and building
codes.
19.16 Quiet Enjoyment. TUSTIN agrees that, subject to the terms, covenants and
conditions of this Lease, OCFA may, upon observing and complying with all terms, covenants
and conditions of this Lease, peaceably and quietly occupy the Lease Premises.
19.17 Time. Time is of the essence of this Lease.
19.18 Consistency of Agreements. This Lease, the MOU, the Fire Station Construction
Implementation Agreement and the JPA shall be construed together and interpreted, whenever
reasonable to do so, in a manner that avoids conflicts and inconsistencies, while giving effect to
the intentions of the parties to the agreements. In the event of an inconsistency between this
Lease, and the JPA, the JPA shall prevail.
20. ATTACHMENTS AND EXHIBITS
This Lease includes the following Exhibits which are attached hereto and made a part hereof.
EXHIBIT A - Legal Description of the Real Property - Fire Station Facility
EXHIBIT B - Plot Plan - Fire Station Facility
EXHIBIT C - Inventory of Furnishings and Equipment to be Purchased by_ City as part
of Construction Contract
EXHIBIT D- Furnishings and Equipment to be Purchased by OCFA and Costs Estimates
for such items
IN WITNESS WHEREOF, the parties have executed this agreement the day and year
first above written.
TUSTIN
CITY OF TUSTIN
Jeffrey C. Parker, City Manager
OCFA
ORANGE COUNTY FIRE AUTHORITY
Keith Richter, Fire Chief
EXHIBIT A
LEASE DESCRIPTION
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PS OMAS
Legal Description
Exhibit "A"
Parcel I -H -5
(Portion of Reuse Plan Disposition Site 24)
In the City of Tustin, County of Orange, State of California, being that portion of Lot 70 in
Block 46 of Irvine's Subdivision as shown on the map filed in Book 1, Page 88 of
Miscellaneous Record Maps, and as shown on a map filed in Book 165, Pages 31 through
39 inclusive, of Records of Survey, all of records of said County, described as follows:
For the purpose of this description the following Control Line is hereby established:
Control Line "A"
Beginning at the intersection of the centerline of Red Hill Avenue with the centerline of
Valencia Avenue as shown on said Record of Survey, the centerline of Red Hill Avenue
having a bearing of North 40 °38'29" East between Valencia Avenue and Edinger Avenue;
thence South 49 °20'07" East 106.23 feet to the beginning of a curve concave southwesterly
having a radius of 1400.04 feet; thence southeasterly along said curve 134.49 feet through a
central angle of 5'30'14"; thence South 43 °49'53" East 101.77 feet to the beginning of a
curve concave northeasterly having a radius of 1400.04 feet; thence southeasterly along
said curve 134.40 feet through a central angle of 5 °30'01 "; thence South 49 °19'54" East
586.96 feet to the beginning of a curve concave northeasterly having a radius of 1400.04
feet; thence southeasterly and easterly along said curve 733.69 feet through a central angle
of 30 101'33 "; thence
South 79 °21'27" East 1357.63 feet to the beginning of a curve concave southwesterly
having a radius of 1400.04 feet; thence easterly and southeasterly along said curve 733.34
feet through a central angle of 30 °00'42 "; thence South 49 °20'45" East 766.61 feet to a
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Legal Description
Exhibit "A"
Parcel I -H -5
(Portion of Reuse Plan Disposition Site 24)
point hereinafter referred to as Point `B ", said point being the intersection of Control Line
"E" and said Control Line "A ".
Control line "E"
Beginning at the hereinabove described Point `B "; thence North 40'39'15" East
278.34 feet to the beginning of a curve concave northwesterly having a radius of
1400.04 feet; thence northeasterly 285.50 feet along said curve through a central angle of
11 °41'02 "; thence North 28 °58'13" East 453.89 feet to the beginning of a curve concave
southeasterly having a radius of 1400.04 feet; thence northeasterly 285.50 feet along said
curve through a central angle of 11'41'02"; thence North 40'39'15" East 216.25 feet to a
point on the centerline of Edinger Avenue, said point lies South 49 °20'45" East
2933.94 feet from the northwesterly terminus of that certain course shown as
"North 49 020'45" West 5409.24 feet" in said centerline of Edinger Avenue as shown on
said record of survey.
Parcel 1-H-5
Beginning at the intersection of the centerline of Edinger Avenue with Control Line "E ",
the centerline of Edinger Avenue Bears North 49 °20'45" West as shown on said Record of
Survey; thence South 40 °39'15" West 88.00 feet along said Control Line "E" to a line that
is parallel with and 88.00 feet southwesterly of said centerline of Edinger Avenue; thence
North 49 °20'45" West 71.98 feet to the TRUE POINT OF BEGINNING; thence
continuing North 49 °20'45" West 201.15 feet; thence leaving said parallel line South
40 °29'47" West 240.60 feet; thence South 49020'44" East 230.85 feet to the beginning of a
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Legal Description
Exhibit "A"
Parcel I -H -5
(Portion of Reuse Plan Disposition Site 24)
non - tangent curve concave southeasterly having a radius of 1446.04 feet, being concentric
with and 46.00 northwesterly of said Control Line "E ", a radial line to said beginning of
curve bears North 53 °48'08" West; thence northeasterly 112.47 feet along said concentric
curve through a central angle of 04 °27'23" to a line that is parallel with and 46.00 feet
northwesterly of said Control Line "E "; thence North 40 °39'15" East 102.25 feet along said
parallel line; thence North 04 °20'41" West 36.76 feet to the TRUE POINT OF
BEGINNING.
Containing 54,397 square feet or 1.25 acres, more or less.
As shown on Exhibit `B" attached hereto and by this reference made a part hereof.
Prepared under my supervision
ONL LAtvD
p, A stiF�����o�
LS 4
EXPIRES: 9/
9/ 30/04
Walter A. Sheek P.L.S. 4838 Date
Expires: 9/30/2004
sT�TFOF cAUF
VED BY
DATE
Page 3 of 3
M:\2TUS010500\survey\legals\legal-parcel—l-H-5.doc
Last printed 5/3/02 7:03 PM
EXHIBIT B
PLOT PLAN
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P
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IFge111011
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11 O
a�
H
SEE DETAIL "A *-ti / 1
N69'44'33 "W
371.77'
� Ct� 6• m
C2 ^�
<
O�
m
ao a =_
to r
N � rr
N lo, 1
_
\<
Wm �r D
>oom Z (j
i� F -2 n 07
0 0 {
�0 0
QN N w
W
H �
N m
A,_N49'20'49"W
37.82'
A=20'23'44"
R= 1200.00'
L= 427.16'
CONTROL LINE
'A'
EDINGER AVE.
_ N49'20'45W 5420.41' —TO BC IN CENTERLINE EDINGER AVE.
2933.94' — — — —
N40'39' 15 "E
PARCEL I -H -5 216.25'
SEE SHEET 2
p =t ra1'o2"
R= 1400.04'
L= 285.50'
N49.20'45 "W 5420.41'- -� N28'58'1YE
5409.24 -y 453.89'
11.17' 9LN?f4
�- /049'20'49". � 5.85'l ' 4 p= 11'41'02"
37.82' 540'38'39'1/0 R= 1400.04'
L= 285.50'
LOT 6-1 LOT 68 CONTROL UNE-
'E'
DETAIL "A" ,4p0.04 S49.20'45 "E
Et? 33.3442" _ 766.61' -
pp0 p0 S49'20'45 "E
6�
til
5�92�
lrgV]Nr'S SUBDIVISION
R=t 400 6g .,
733 3
Curve Table
No. I Radius I Delta I Length
C1 11400.04-105-30-14--l134.49
C2 1400.04 05'30 O1 134.40
Pl~ 05/02/02 Kn30 r.\ xnwiwao \....r \whnn.W- MJ- H- s_sxn.dq a�
Bearing Table
No. Bearing Distance
Lt 549.20 07 E 106.23
L2 S43'49 53 E 101.77
N40'39' 15 "E
278.34'
POINT "B"
1500.61'
20 50' 500'
SCALE: 1" =500'" =500'
X
A=20'23'45*
R
R = 1200.1200. A
N L
L= 427.17'
o N
N49'20'48 "
"W
w I 0
00'
co w
� b
b
D r
rT1
w
U+ o
P
m �
o
_
\<
Wm �r D
>oom Z (j
i� F -2 n 07
0 0 {
�0 0
QN N w
W
H �
N m
A,_N49'20'49"W
37.82'
A=20'23'44"
R= 1200.00'
L= 427.16'
CONTROL LINE
'A'
EDINGER AVE.
_ N49'20'45W 5420.41' —TO BC IN CENTERLINE EDINGER AVE.
2933.94' — — — —
N40'39' 15 "E
PARCEL I -H -5 216.25'
SEE SHEET 2
p =t ra1'o2"
R= 1400.04'
L= 285.50'
N49.20'45 "W 5420.41'- -� N28'58'1YE
5409.24 -y 453.89'
11.17' 9LN?f4
�- /049'20'49". � 5.85'l ' 4 p= 11'41'02"
37.82' 540'38'39'1/0 R= 1400.04'
L= 285.50'
LOT 6-1 LOT 68 CONTROL UNE-
'E'
DETAIL "A" ,4p0.04 S49.20'45 "E
Et? 33.3442" _ 766.61' -
pp0 p0 S49'20'45 "E
6�
til
5�92�
lrgV]Nr'S SUBDIVISION
R=t 400 6g .,
733 3
Curve Table
No. I Radius I Delta I Length
C1 11400.04-105-30-14--l134.49
C2 1400.04 05'30 O1 134.40
Pl~ 05/02/02 Kn30 r.\ xnwiwao \....r \whnn.W- MJ- H- s_sxn.dq a�
Bearing Table
No. Bearing Distance
Lt 549.20 07 E 106.23
L2 S43'49 53 E 101.77
N40'39' 15 "E
278.34'
POINT "B"
1500.61'
20 50' 500'
SCALE: 1" =500'" =500'
X
A,_N49'20'49"W
37.82'
A=20'23'44"
R= 1200.00'
L= 427.16'
CONTROL LINE
'A'
EDINGER AVE.
_ N49'20'45W 5420.41' —TO BC IN CENTERLINE EDINGER AVE.
2933.94' — — — —
N40'39' 15 "E
PARCEL I -H -5 216.25'
SEE SHEET 2
p =t ra1'o2"
R= 1400.04'
L= 285.50'
N49.20'45 "W 5420.41'- -� N28'58'1YE
5409.24 -y 453.89'
11.17' 9LN?f4
�- /049'20'49". � 5.85'l ' 4 p= 11'41'02"
37.82' 540'38'39'1/0 R= 1400.04'
L= 285.50'
LOT 6-1 LOT 68 CONTROL UNE-
'E'
DETAIL "A" ,4p0.04 S49.20'45 "E
Et? 33.3442" _ 766.61' -
pp0 p0 S49'20'45 "E
6�
til
5�92�
lrgV]Nr'S SUBDIVISION
R=t 400 6g .,
733 3
Curve Table
No. I Radius I Delta I Length
C1 11400.04-105-30-14--l134.49
C2 1400.04 05'30 O1 134.40
Pl~ 05/02/02 Kn30 r.\ xnwiwao \....r \whnn.W- MJ- H- s_sxn.dq a�
Bearing Table
No. Bearing Distance
Lt 549.20 07 E 106.23
L2 S43'49 53 E 101.77
N40'39' 15 "E
278.34'
POINT "B"
1500.61'
20 50' 500'
SCALE: 1" =500'" =500'
X
Pl~ 05/02/02 Kn30 r.\ xnwiwao \....r \whnn.W- MJ- H- s_sxn.dq a�
Bearing Table
No. Bearing Distance
Lt 549.20 07 E 106.23
L2 S43'49 53 E 101.77
N40'39' 15 "E
278.34'
POINT "B"
1500.61'
20 50' 500'
SCALE: 1" =500'" =500'
X
N40'39' 15 "E
278.34'
POINT "B"
1500.61'
20 50' 500'
SCALE: 1" =500'" =500'
X
EXHIBIT B
EDINGER AVE.
N 49'20' 45 "W
2933.94'
0
to 0 N49'20'45 "W
co 71.98'
TN49'20'45"W 201.15'
T.P.03
PCL I —H -5
0 N04'20'41 "W
10 36.76'
N40'39'15 "E
3
102.25'
PARCEL I -H -5
O1 1.25 AC.
CD
( (n R= 1446.04'
j L= 112.47'
S49'20'44 "E 230.85'
N53'48'08 "W (RAD)
'CONTROL LINE "En-
N
in
N N7
cd o
N �
z
46'
0
oD
A 11
0
0
N
r
N
Ico
LP
'ARCEL I —H -5
5420.41' --
2475.30'
1F1V1NE'8 SUBDIVISION
BLOCK 40 LOT 70
N1.F3.AA. 1/88
BLOCK 48
LOT 80 LOT 70
Fi GA 9 Z
N
W
U1
cD pL iD
LAA
A 1r^
�.
* LS 4838
EX ES: 9/30/04
C
sr9rf OF CAUF���\P 1
VED BY
0 50' 100'
DATE S
SCALE: 1" =100'
SEE SHEET 1
OF 2
DESCRIPTION: PARCEL I —H -5 (PORTION OF REUSE PLAN DISPOSITION SITE 24)
SHEET 2 OF 2
SCALE 1'100'
P S O M A S
DRAFTED CHL
MCAS
- TUSTIN
����
CHECKED DLW
DATE APRIL 2002
C.b m4 CA 2=
JOB
(714)751 -7J73 ia4(714)50 -M
NUMBER 2TUS010500 T2
6
d
EXHIBIT C
INVENTORY OF FURNISHINGS AND EQUIPMENT
PURCHASED BY THE CITY OF TUSTIN AS PART OF THE CONSTRUCTION
CONTRACT
and
EXHIBIT D
FURNITURE AND EQUIPMENT TO BE PURCHASED BY OCFA AND COST
ESTIMATES FOR SUCH ITEMS
EXHIBITS C and D
Description
Model
Qty
Budget
Supplier
OCFA Provide
or Relocate from
old station
Provide and install by
OCFA, reimburse by Tustin
Provide and install by
Tustin
Provide and
install by
building GC
�SMALI�TOOLS;XITCHEN,�EAND
"MISC
ITEMS un
" `
,,, "�,� �
Included x
,Bud et,
IncluiJed x -„
Bud
EXTERIOR,>
s
,
FLAG, California
1
OCFA Serv. Ctr.
x
FLAG, United States
1
OCFA Serv. Ctr.
x
HOE, Garden
1
16.00
x
16.00
HOSE NOZZLE, Garden
2
32.00
x
32.00
HOSE, Garden
3
58.00
x
58.00
LADDER, Step, 6', Fiberglass
1
x
LOPER, Limb
1
54.00
x
54.00
RAKE, Garden
1
18.00
x
18.00
RAKE, Lawn
1
11.00
x
11.00
APPARATUS +:BAY,
CLOCK
1
32.00
x
32.00
BULLETIN/TACK BOARD, Tak -It -Fabric
48" x 72"
.2
400.00
McMahan Desk, Inc.
x
WALL RACK CLAMPS
2
144.00
Art Supply Warehouse
x
144.00
WALL RACK For Maps
1
139.00
Art Supply Warehouse
x
139.00
WHITE BOARD w /Frame urathane
48" x 72"
1
350.00
McMahan Desk, Inc.
x
CAP.TAIN'S OFFICE - 2 '
`:.t
'_: " »
,, � n , ;.
2
W ,
BULLETIN/TACK BOARD, Tak -It -Fabric
36" x 60"
2
300.00
McMahan Desk, Inc.
x
CALCULATOR
2
x
CLOCK
2
64.00
x
64.00
TACK BOARD
36" x 60"
2
100.00
McMahan Desk, Inc.
x
FAX MACHINE
1
X
TOOL`°ALCOVEL= " SMALL STOOLS, -:-
" u r
"
m
.
_x
Air Hose Blow Gun
1
X
BOTTLE, Battery Fill
1
X
BRUSH, Wire
2
X
CAN, Oily Waste Rags, 6 Gallon
1
X
CAN, Safety, 3 Gallon
1
X
DISPENSER, Paper Towel- Emotion
8
X
DRILL BIT SET
1
X
DRILL, 3/8" Variable Speed Milwaukee
1
X
EXTENSION CORD, 50'
2
X
FILE, 2nd Cut, 12"
2
X
FILE, Bastard, 12"
1
X
FUNNEL, 2 Qt
1
X
GRINDER WHEEL, Stone
1
X
GRINDER WHEEL, Wire
1
X
GRINDER, Bench
1
70.00
x
70.00
GUN, Grease
1
X
HAMMER, Claw, 16 Oz.
1
X
HANDLE For 12" Files
3
X
HYDROMETER, Battery
1
X
INFLATER, Tire with Gauge
1
X
OIL SPOUT
2
x
PRUNER, Hand
1
X
SAW, Hack
2
X
Socket Set 11 pc
1
46.00
x
46.00
SD Set 26 pc
1
30.00
x
30.00
Metric Set 11 pc
1
50.00
x
50.00
Wrench Set 32 c
1
40.00
x
40.00
Ta and Die Set
1
25.00
x
25.00
EXHIBITS C and D
Description
Model
Qty
Budget
Supplier
OCFA Provide
or Relocate from
old station
Provide and install by
OCFA, reimburse by Tustin
Provide and install by
Tustin
Provide and
install by
building GC
Breaker Bar
1
20.00
x
20.00
Cordless Power Tool Set 24v
1
400.00
x
400.00
SCREWDRIVER, 4 ", Phillips
1
X
SHOVEL, Square Point
1
X
TRASH CONTAINER
4
180.00
x
180.00
VISE, Bench, 5"
1
60.00
x
60.00
WRENCH, Pipe, 18"
1
X
UTILITY ROOMS
BROOM, Garage with Handle, Rough
2
OCFA Serv. Ctr.
X
BROOM, Garage with Handle, Smooth
2
OCFA Serv. Ctr.
X
BRUSH, Foxtail
3
OCFA Serv. Ctr.
X
BRUSH, Hand Scrub
4
OCFA Serv. Ctr.
X
BRUSH, Toilet
4
OCFA Serv. Ctr.
X
BUCKET, Mop with Casters
2
OCFA Serv. Ctr.
X
HANDLE, Wet Mop
2
OCFA Serv. Ctr.
X
HANDLE, Window Squeegee
2
OCFA Serv. Ctr.
X
HEAD, Wet Mop
2
OCFA Serv. Ctr.
X
MOP RACK HARDWARE, Utility Holders 3 Clip)
1
OCFA Serv. Ctr.
X
SQUEEGEE, Floor, 36"
1
OCFA Serv. Ctr.
X
SQUEEGEE, Window
2
OCFA Serv. Ctr.
X
WRINGER, Mop Press
2
OCFA Serv. Ctr.
X
KITCHEN
Y
BAIN MARIE, 2 Qt.
1
11.00
x
11.00
BLENDER
1
412.00
VitaMix COSTCO
x
412.00
BOARD, Cutting, White, Poly, 18'x24"
1
17.00
x
17.00
BOWL, Mixing, S /S, 1 1/2" Qt.
2
3.80
x
3.80
BOWL, Mixing, S /S, 3 Qt.
2
4.50
x
4.50
BOWL, Mixing, S/S 5 Qt.
1
5.75
x
5.75
BOWL, Mixing, S /S, 8 Qt.
1
8.50
x
8.50
BRUSH, Basting, 2"
1
5.75
x
5.75
COFFEE MAKER, 2 Burner
Bunn 2 Burner
1
270.00
Duke Coffee
x
270.00
COLANDER, 8 Qt.
1
12.00
x
12.00
COVER, S /S, 14"
1
30.00
x
30.00
COVER, S /S, 8"
3
55.00
x
55.00
COVER, S /S, 9 1/2"
2
40.00
x
40.00
DISH, Nappie, 5 1/2"
2
60.00
x
60.00
DISH, Rim Soup, 9"
1
40.00
x
40.00
DISPENSER, Napkin 3 1/2" x 7"
2
12.00
x
12.00
DISPENSER, Sugar
2
4.80
x
4.80
FLATWARE: Bin Organizer, 6 Selection
1
14.00
x
14.00
FLATWARE: Bullion Spoon/Calder eavy
1
5.00
x
5.00
FLATWARE: Dinner Fork, Dominion, Medium
12
22.00
x
22.00
FLATWARE: Dinner Fork, Dominion, Heavy
12
24.00
x
24.00
FLATWARE: Steak Knife, Bloomfield, 8 1/2"
12
24.00
x
24.00
FLATWARE: Teaspoon, Dominion, Medium
12
20.00
x
20.00
FORK, Carving, 4 1/2"
1
7.00
x
7.00
GLASSES, Large, 32 Oz., Plastic
12
32.00
x
32.00
GLASSES, Regular, 20 Oz., Plastic
12
28.00
x
28.00
GRATER, S /S, 10"
1
12.00
x
12.00
KNIFE SHARPENER
1
16.00
x
16.00
KNIFE, Bone, Narrow, S/S
1
16.00
x
16.00
KNIFE, Cooks, S /S, 12"
1
36.00
x
36.00
KNIFE, Pie, 5"
1
4.00
x
4.00
KNIFE, Slicer, Duo-Edge Roast, 12"
1
32.00
x
32.00
LADLE, 6 oz.
1
5.00
x
5.00
LADLE, 8 oz.
1
5.75
x
5.75
EXHIBITS C and D
Description
Model
Qty
Budget
Supplier
OCFA Provide
or Relocate from
old station
Provide and install by
OCFA, reimburse by Tustin
Provide and install by
Tustin
Provide and
install by
building GC
MASHER, Potato, 4"
1
16.00
x
16.00
MEASURING CUP SET, S/S
1
6.80
x
6.80
MEASURING CUP, 1 Cup Size
1
4.80
x
4.80
MEASURING CUP, 1 Qt. Size
1
8.00
x
8.00
MEASURING SPOON Set, S/S
2
2.80
x
2.80
MUGS, Cafe, 8 oz.
12
45.00
x
45.00
OPENER, Can, Manual
1
6.00
x
6.00
OPENER, Can, Automatic 4 1/8"
1
18.00
x
18.00
PAN, Bake /Roast, 13 x 20
1
65.00
x
65.00
PAN, Bake /Roast, 9 x 13
1
33.00
x
33.00
PAN, Cake, Square, 8 x 8 x 2
1
16.00
x
16.00
PAN, Fry, Aluminum, 14"
1
35.00
x
35.00
PAN, Fry, S /S, 11"
1
64.00
x
64.00
PAN, Fry, Silverstone, Cool Handle, 8"
1
30.00
x
30.00
PAN, Meatloaf, 11 1/4 x 4 1/2 x 4
1
14.00
x
14.00
PAN, Meatloaf, 9 1/4 x 5 1/4 x 2 3/4
1
18.00
x
18.00
PAN, Sauce, S /S, 1/2 Qt.
1
45.00
x
45.00
PAN, Sauce, S /S, 4.25 Qt., 8"
1
59.00
x
59.00
PAN, Sheet, 16 Gauge, 18" x 26" x 1 ", Brig
ht
1
9.00
x
9.00
PEELER, Potato
1
3.00
x
3.00
PITCHER, Cold, 2 1/4 Qt.
3
8.00
x
8.00
PLATE, Dinner, 10"
12
65.00
x
65.00
PLATE, Salad, 6 1/2"
12
30.00
x
30.00
POT, Sauce, 4.25 At., 9 1/2"
1
66.00
x
66.00
POT, Stock, S /S, 100t., 11"
1
30.00
x
30.00
POT, Stock, S /S, 6.5 Qt:, 11"
1
26.00
x
26.00
ROLLING PIN, 13"
1
1 18.00
x
18.00
SCRAPER, 9 1/2"
1
6.00
x
6.00
SHAKER, with Handle
2
7.00
x
7.00
SHAKER, Salt & Pepper
2
3.00
x
3.00
SKIMMER, 41/2"
1
5.00
x
5.00
SLICER, Utility, 6"
1
4.50
x
4.50
SPADE, Ice Cream
1
5.40
x
5.40
SPATULA, 2 1/2"
1
4.40
x
4.40
SPATULA, 6"
1
1 5.80
x
5.80
SPOON, Solid 11"
1
6.80
x
6.80
SPOON, Solid 13"
1
11.00
x
11.00
STEAMER, 11 -20 Qt. Set
1
45.00
x
45.00
THERMOMETER, Oven
1
5.40
x
5.40
TONGS, Heavy Duty, Utility, 11"
1
10.00
x
10.00
TRASH CAN, With Lid, 32 Gallon
2
34.00 ..
x
34.00
WHIP, French, 12"
1
14.00
x
14.00
WHIP, Piano, S/S
1
14.00
x
14.00
TOASTER, 4 slice, Chrome/White
1
42.00
x
42.00
LOBBY
FRAMES, Board & City Pictures
2
20.00
Office De of
x
20.00
HOLDERS, Brochure
3
12.00
Office Depot
x
12.00
CLOCK
1
32.00
x
32.00
KEY CONTROL BOX
1
96.00
x
STAPLER
1
x
ENGINEER'S OFFICE,;,
CALCULATOR
1
59.00
x
CLOCK
1
32.00
x
32.00
LAMP, Desk
2
50.00
x
50.00
EXHIBITS C and l)
Description
Model
Qty
Budget
Supplier
OCFA Provide
or Relocate from
old station
Provide and install by
OCFA, reimburse by Tustin
Provide and install by
Tustin
Provide and
install by
building GC
STAPLER
2
x
WASTEBASKET
3
32.00
x
32.00
EXERCISE ROOM
BULLETIN/TACK BOARD, Tak -It -Fabric
36 "X72"
1
500.00
McMahan Desk, Inc.
x
CLOCK
1
32.00
x
32.00
VCR, VHS Format/ DVD Player
1
x
DAYROOW.;
s
CLOCK
1
32.00
x
32.00
Flat Screen TV Credit
1
1 500.00
COSTCO
x
500.00
Vacuum Upright
1
370.00
Dyson - Ba less
x
370.00
VCR, VHS /CD Format
1
x
DINING ROOM
CLOCK
1
32.00
x
32.00
WHITE BOARD Urethane
36 "X72"
1
360.00
McMahan Desk, Inc.
x
CREWS 'QUARTERS
BED COVERS read
8
160.00
Phillip Ginsberg & Company
x
160.00
BED FRAME
8
400.00
Nu-Way Mattress Factory
x
400.00
BED, Mattress & Box Springs EXLG/Twin
8
2,000.00
MBC Matress Co. Carona
x
2,000.00
MATTRESS COVER
8
OCFA Service Center
x
TASK LIGHT, 24 "W
12
300.00
McMahan Desk, Inc.
x
300.00
TOTAL 9,917.55
- APPLIANCES rt
Refrigerator, 25 cult
LG
3
Stainless Steel
X
Washer
Whirlpool
1
Front Load
X
Dryer, Gas
Whiri ool
1
Front Load
X
Countertop Microwave Oven -1.8 tuft
GE Profile
1
X
Icemaker
Ice o Matic
1
X
Range and hood
Viking 4 bumer with
grill and vent hood
1
Stainless Steel
X
Portable Bar B Que
Weber Genesis Silver
1
X
Dishwasher
KitchenAid
1
Stainless Steel
X
Garbage Disposal
InSinkErator 777
1
X
Air Compressor / HWH Room
x
175 PSI Air Compressor
In ersol Rand
1
Upright Floor Mount
x
Apparatus Bay Equipment
x
HEAVY DUTY HOSE /SCBA SYSTEM
Geargrid Mobil
Hose /SCBA Bottle
Storage Rack 73 1/4"
wx26 "dx82 "h
1
Minnesota Wire Company
x
Diesel Generator Set
x
Emergency Generator
Onan- Cummins Power
Generation DGFC
180kW, 225Kva Prime
w/ 650 gallon tank
1
Cummings -Onan
X
Fitness Room Equipment
1
Treadmill
1
Matrix
x
Keiser M3 Cycle
1
Keiser
x
Eli tical Trainer
1
Matrix
x
Concept 2 Rower
1
Concept 2
x
Multi Purpose Half Rack
1
Tuff Stuff
x
Functional Trainer
1
Freemotion
x
EXHIBITS C and D
Description
Model
City
Budget
Supplier
OCFA Provide
or Relocate from
old station
Provide and install by
OCFA, reimburse by Tustin
Provide and install by
Tustin
Provide and
install by
building GC
Hex Head Dumbells
1
USA Fitness
x
Dumbell Rack
1
USA Fitness
x
Adjustable Bench
1
USA Fitness
x
300 # Pound Weight set
1
USA Fitness
x
Med Balls and Rack
1
USA Fitness
x
D -ball 20 pound Med Ball
1
USA Fitness
x
D na Max 20 pound medicine
1
USA Fitness
x
Bosu Balance Trainer
1
USA Fitness
x
Jump Roe
1
USA Fitness
x
Exercise Mats
1
USA Fitness
x
Stability ball
1
USA Fitness
x
Exercise Bands
1
USA Fitness
x
Weight Poster
1
USA Fitness
x
Target Heart Rate Poster
1
USA Fitness
x
Anatomy Wall Posters
1
USA Fitness
x
TRX Suspension Trainer
1
Fitness Anywhere
x
Kettle Bells 12, 16, 24kg
Apollo Fitness
x
VersaClimber
11
x
Total WE FIT Exercise Equipment
Various
1
23,000.00
x
tv 27" Exercise
500.00
x
Exercise Total
23,500.00
x
23,500.00
COMPUTERS
x
GATEWAY E-6100
2
OCFA Serv. Ctr.
x
UPS SYSTEM
1
x
SOFTWARE
x
REFLECTIONS
1
OCFA Info. Systems
x
DIRECT ACCESS
1
OCFA Info. Systems
x
CE SOFTWARE, Anti -Virus
1
OCFA Info. Systems
x
MS Office
5
OCFA Info. Systems
x
TERMINALS
GATEWAY PROFILE 4
2
OCFA Info. Systems
x
PRINTERS
DIGITAL LA36N + NIC CARD
1
OCFA Info. Systems
x
HP LASERJET 1300
2
OCFA Info. Systems
x
CAD EQUIPMENT
NORTEL 2430 PASSPORT ROUTER
1
OCFA - OPERATIONS
x
NORTEL TCP /IP ACCESS SUITE
1
OCFA - OPERATIONS
x
NORTEL T1 /FT1 DSU /CSU ADAPTER
1
OCFA - OPERATIONS
x
APC UNINTERUPTED POWER SUPPLY
2
OCFA - OPERATIONS
x
TROY XCD
1
OCFA - OPERATIONS
x
RADIO COMMUNICATIONS EQUIPMENT
800 MHz SMARTNET Station Radio
1
OCFA Info. S stems
x
900 MHz Station Paging Receiver
1
OCFA Info. Systems
x
POCKET PAGERS
Motorola
4
OCFA Info. Systems
x
UNINTERRUPTED POWER SUPPLY
1
OCFA Info. Systems
x
XTS PORTABLE RADIO /CHARGER
Motorola XTS 3000
2
OCFA Info. Systems
x
YAGI ANTENNAE
800 MHZ
2
OCFA Info. Systems
x
EXHIBITS C and D
Description
Model
Qty
Budget
Supplier
OCFA Provide
or Relocate from
old station
Provide and install by
OCFA, reimburse by Tustin
Provide and install by
Tustin
Provide and
install by
building GC
YARD EQUIPMENT
STRING TRIMMER
STIHL
1
160.00
Gas
x
160.00
LEAF BLOWER as
STIHL
1
1 60.00
x
60.00
HEDGE TRIMMER
STIHL
1
60.00
x
60.00
LAWN MOWER 6 hp
TORO
1
650.00
6 hp
x
650.00
PRUNER, HAND
1
18.00
x
18.00
OTHER
OCC Start-Up Costs
1
x
0
GENERATOR Start-Up
1
x
TOTAL 948.00
4FURNITURE
EXTERIOR
TABLE, Patio, 72"
Wood Top, McMaster-
Carr #9814T -12
1
x
2000
LOBBY
CASUAL CHAIR
PCA - Match System
1
Allsteel /CMAS
x
SPANNING GROUP CHAIRS match syste
PSG - Match System
1
Allsteel /CMAS
x
CAPTAIN'S OFFICE
T624CB Cantilever
Bracket 24D & 30D
4
Allsteel /CMAS
x
ESS OH STG CAB
36w /flat pntd dr /non-
assisUno pull
4
Allsteel /CMAS
x
860836 ESS Half
Height Open
Bookshelves 36W x
13-1/4D x 8H
2
Allsteel /CMAS
x
\
EL836NI Essentials
Lateral 2 High 28H
36W I Pull
2
Allsteel /CMAS
x
PF197 -2331 Essentials
Support Ped BBF 28H
22 -7/813 1 Pull
2
Allsteel /CMAS
x
CEP2429F
Freestanding End -
Panel Support 24D x
29!/2 H
2
Allsteel /CMAS
x
CSL2429F
Freestanding Support
Legs 24D x 29 1/2 H
2
Allsteel /CMAS
x
Pair of End Panel
Gussets
2
Allsteel /CMAS
x
801550 Permanent-
Wall Hanger Kit (One
pan, 65H each
6
Allsteel /CMAS
x
830299 Support
Column for
Penninsula wksf 29-
1/2H 3' Dia.
2
Allsteel /CMAS
x
EXHIBITS C and D
OCFA Provide
Provide and install by
Provide and install by
Provide and
or Relocate from
OCFA, reimburse by Tustin
Tustin
install by
Description
Model
City
Budget
Supplier
old station
building GC
833624A T -Mold Edge
2
Allsteel /CMAS
X
Comer Worksurface
36W x 24D
833672A T -Mold Edge
2
Allsteel /CMAS
x
Peninsula
Worksurface 36W x
72L
832436A T -Mold Edge
2
Allsteel /CMAS
x
Worksurface 24D 36W
832472A T -Mold Edge
2
Allsteel /CMAS
x
Worksurface 24D 72W
861836 Tackboard
6
Allsteel /CMAS
x
36W 18H
870924 Tasklight for
4
Allsteel /CMAS
x
24W
T -KLOP Tolleson Side
4
Allsteel /CMAS
x
Chair Keystone Arms
TR -HOK Trooper Task
2
Allsteel /CMAS
x
Chair High -Back
w /Fixed Arms
ENGINEER'S OFFICE
Allsteel /CMAS
T624CB Cantilever
3
Allsteel /CMAS
x
Bracket 24D & 30D
CE30FNN ESS OH
1
Allsteel /CMAS
x
STG CAB 30W /Flat
PNTD DR/Non -Assit
CE36FNN ESS OH
1
Allsteel /CMAS
x
STG CAB 36W /Flat
PNTD DR/Non -Assit
CE42Fnn ESS OH
1
Allsteel /CMAS
x
STG CAB 42W /Flat
PNTD DR/Non -Assit
Essentials Support
3
Allsteel /CMAS
x
PED 28H 22 -7/813 1
Pull
PF197 -2331 Essentials
3
Allsteel /CMAS
x
Support Ped BFF 28H
22 -7/81D I Pull
PF198 -2321 Essentials
3
Allsteel /CMAS
x
Support Ped FF 28H
22 -7/81D I Pull
CEP2429F
2
Allsteel /CMAS
x
Freestanding End -
Panel Support 24D x
29 1/2H
CSL24D x 29 1/2H
4
Allsteel /CMAS
x
Freestanding Support
Legs 24D x 29 1/2H
CDG Pair of End
3
Allsteel /CMAS
x
Panel Gussets
EXHIBITS C and D
OCFA Provide
Provide and install by
Provide and install by
Provide and
or Relocate from
OCFA, reimburse by Tustin
Tustin
install by
Description
Model
Qty
Budget
Supplier
old station
building GC
801550, Permanent-
6
Allsteel /CMAS
x
wall Hanger Kit (One
air, 65H each
860130 Storage
1
Allsteel /CMAS
x
Cabinet with Door
30W 14 -1/41) 16H
860136 Storage
4
Allsteel /CMAS
x
Cabinet with Door
36W 14 -1/41) 16H
860142 Storage
1
Allsteel /CMAS
x
Cabinet with Door
42W 14 -1/4D 16H
833624A T -Mold Edge
3
Allsteel /CMAS
x
Comer worksurface
36Wx24D
832442A T -Mold Edge
1
Allsteel /CMAS
x
worksurface 24D 42W
832454A T -Mold Edge
1
Allsteel /CMAS
x
worksurface 24D 54W
832460A T -Mold Edge
1
Allsteel /CMAS
x
worksurface 24D 60W
832466A T -Mold Edge
2
Allsteel /CMAS
x
worksurface 24D 66W
861830 Tackboard
1
Allsteel /CMAS
x
30w 18H
861836 Tackboard
4
Allsteel /CMAS
x
36W 18H
861842 Tackboard
1
Allsteel /CMAS
x
42W 18H
870924 Tasklight for
3
Allsteel /CMAS
x
24w
TR -MOK Trooper Task
3
Allsteel /CMAS
x
Chair Mid -back w/
fixed arms
KITCHEN
DAY ROOM
LOUNGE CHAIRS
Lazyboy Chaise
4
2,400.00
x
9600
Reclina -R Model
010550 Main Cover.
Im ermiable
DINING ROOM
Dining Table Chairs
T -KLOP TOLLE
12
Allsteel
x
incl
SIDE/KEYSTONE
ARMS W/ CASTERS
Dining Table
Seating for 12
1
x
2000
DORM
EXHIBITS C and D
Description
Model
Qty
Budget
Supplier
OCFA Provide
or Relocate from
old station
Provide and install by
OCFA, reimburse by Tustin
Provide and install by
Tustin
Provide and
install by
building GC
DORM CHAIRS
TOLLE
SIDE /KEYSTONE /AR
MLESS
9
Allsteel
x
incl
WATCH ALCOVE
ALCOVE CHAIRS
S stem Furniture Total
TOLLE
SIDE /KEYSTONE /AR
MLESS
1
Allsteel
x
incl
16 000.00
Total fall Allsteel product with installation
21200
Sales tax on Allsteel
1696
FFBE Budget Total
$ 45,800.55
$ 22,896