HomeMy WebLinkAbout06-ATTACHMENT 1ATTACHMENT 1
Lease, Agreement Dated 1967
12/4/82
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
ROURXE a WOODRUFF (JGR)
1055 N. Main St., 41020
Santa Ana, CA 92701
THIRD AMENDMENT TO LEASE
_,,�,THZS AMENDMEN TO LEASE is made and entered into on this
S' day of I.tww:G.e^,C, 1982, by and between the CITY OF
TUSTIN, a municipal corporation and THE BOYS' CLUB OF TUSTIN,
a California non - profit charitable corporation.
W I T N E S S E T H:
A. On or about December 22, 1967, the parties entered
into that certain lease of property described hereinafter.
B. The parties caused the said Lease to be amended by
Amendments to Lease dated September 30, 1980 and 1''Z_•
1981.
C. The description of the demised premises is as set
forth in the legal description attached hereto, marked Exhibit
"A" and incorporated herein by this reference as though set
forth in full thereat.
D. The parties desire to further amend the said Lease.
NOW, THEREFORE, the parties hereto agree that the Lease
dated December.22, 1967 by and between the City of Tustin, a
municipal corporation and The Boys' Club of Tustin, a California
non - profit charitable corporation, as previously amended, is
hereby further amended as follows:
1. Section 18, Consent to a Sublease, is hereby added to
Article XIII, to read as follows:
"Section 18. Consent to a Sublease. Lessor hereby
consents to a sublease between asses and Six Star
Cablevision of Tustin, Inc., a California corporation, dated
October 15, 1982, together with the Addendum to Sublease also
dated October 15, 1982, in the form attached hereto marked
Exhibit "B" and incorporated hereby by this reference as though
set forth in full hereat.
Lessee hereby agrees to be responsible for repair of any
and all damage to the buildings and other improvements on the
premises occurring or arising by reason of the actions or
omissions of sublessee, and lessee further agrees to indemnify,
defend, save and hold Lessor harmless from any and all liability
from any claim or loss arising out of the installation, use,
and /or maintenance of the premises by sublessee."
IN WITNESS WHEREOF the parties hereto have executed this
Third Amendment to Lease the day and year first above written.
wr.
Cary An""
CITY OF TUSTIN, a municipal
corporation
ATTEST:
THE BOYS' CLUB OF TUSTIN, a
California non- prrofi charit-
t_a z N�
BY
t ,
— 4 _ 9-W-R5A-6WUA
STATE OF CALIFORNIA )
) SS
COUNTY OF ORANGE )
On P ka —i 1982, before ma, the undersigned,
a otnrg PS c n an or said State, personally appeared
Kicu F� oj'4-}-; , known to me to be the P�r,�gssi_d�g�n�t, and
' known to me to be the S3tiSN63es: of
HE BOYS CL B "OFa non- profit charitable California
corporation, the corporation that executed the within instrument,
known to me to be the persons who executed the within instrument
on behalf of the corporation therein named, and acknowledged
to me that such corporation executed the within instrument pur-
suant to its by -laws or a resolution of its Board of Directors.
WITNESS my hand and official seal.
OFFICIAL SEAL
MELISSA L GIGLITTO
n t:OTART pUWC- CALIFORNIA
URKKGE CGURTY
my mmm. Wim JUL 25. ON
STATE OF CALIFORNIA )
) SS
COUNTY OF ORANGE )
Notary Fuclic in ana lor sa d
County and State
On , 1982, before me, the undersigned,
a Notary P 1 c in and for said State, personally appeared RICHARD
EDGAR, known to me to be the Mayor, and MARY WYNN, known to me to
be the City Clerk of the CITY OF TUSTIN, the City that executed
the within instrument, known to me to be the persons who executed
the within instrument on behalf of the CITY OF TUSTIN therein
named, and acknowledged to me that such City executed the within
instrument pursuant to a resolution or minute order of the City
Council of the CITY OF TUSTIN.
WITNESS my hand and official seal.
Notary Public in and for said
County and State
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RECORDING, REQUESTED BY AND-• 39954 r�.
WHEN* RECORDED MAIL TO: B)( 14 201 Po 1 1 3 16
ROURKE & WOODRUFF (JGR)
1055 N. Main #1020 SECOND AMENDMENT TO LEASE $9.00
Santa Ana, CA 92701 C.0 I
Tele: 714/835 -6212
THIS AMENDMENT TO LEASE is made and entered into on
�
this / day of uco.,,-r- , 1981, by and between the
CITY OF TUSTIN, a municipal ation, and the BOYS' CLUB OF
TUSTIN, a California non - profit charitable corporation.
W I T N E S S E T H:
A. On or about December 22, 1967, the parties enter-
ed into that certain lease of property described hereinafter.
B. The parties caused the said Lease to be amended
by Amendment to Lease dated September 30, 1980.
C. The description of the demised premises is as
set forth in.-the-legal .. attached hereto, marked
Exhibit "A" and incorporated herein by this reference as though
set forth in full hereat.
D. The parties desire to further amend the said
Lease.
NOW, THEREFORE, the parties hereto agree that the
Lease dated December 22, 1967 by and between the City of Tustin,
a municipal corporation and the Boys' Club of Tustin, a Calif-
ornia non - profit charitable corporation, as amended by Amend-
ment dated September 30, 1960, shall be and the same hereby is
amended by the amendments attached hereto marked Exhibit "B"
and incorporated herein by this reference as though set forth
in full hereat.
IN WINTESS WHEREOF the parties hereto have executed
this Second Amendment to Lease'theday and year first, above
written.
ATTEST:
1
L W', ' CM RCCMWS
CITY OF TUSPIN, a municipal
corporation
BY: CJtn7
BOYS' CLUB OF TUSTIN, a California
non - profit charitable corporation
BY: \ '
"90 AM. AUGi31'81 BY:
t h MAIL ca eq RKa60
-1-
STATE OF CALIFORNIA
Se.
COUNTY OF ORANGE
BK 14201 Pe 1317
On b-,> /77', 1981 before me, the undersigned, a
Notary Puolic in and for said State, personally appeared
dL L5 known to me to be the President, and
,',. , known to me to be the Secretary of the
B LU TUSTIN, a non - profit charitable California corpora-
tion, the corporation that executed the within instrument,
known to me to be the persons who executed the within instrument
on behalf of the corporation therein named, and acknowledged
to me that such corporation executed the within instrument
pursuant to its by -laws or a resolution of its Board of Directors.
WITNESS my hand and
OFFICIAL SEAL
SAO. NORMA1.STEPHENSO
NOTA ?YPU5tJGCV FORNM
PRINCIPAL OFFICE IN
ORANGE COUNTY
STATE OF CALIFORNIA
COUNTY OF ORANGE
official seal.
V'
N PURLLI n an or said
Count d State
ss.
on f1Gb+u5"T /P' , 1981 before me, the undersigned, a
Notary PU1bA In a� said State, personally appeared
JAMES B. SHARP, known t0 me to be the Mayor, and NARY WYNN,
known to me to be the City Clerk, of the City of Tustin, the
City that executed the within instrument, known to me to be
the persons who executed the within instrument on behalf of
the City of Tustin therein named, and acknowledged to me
that such City executed the within instrument pursuant to
a resolution or minute order of the City Council of the City
of Tustin.
WITNESS my hand and official seal.
OFFICIAL SEAL
PIA A SOUS
NOTARY welt - CAUFORMA
ORAMBE MURK
1b m 0RO DEC S. 1911
JGR:se:R:7 /27/81 (11)
i7
NOTARY PUBLIC In and tor sat.
County and State
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~ ' ^BK 1 4 2 0 1 p a l 318
EXHIBIT A
LEGAL DESCRIPTION OF PREMISES LEASED BY CITY OF TUSTIN
TO THE BOYS' CLUB OF TUSTIN BY LEASE OF DECEMBER 22, 1967
AS AMENDED BY AMENDMENT TO LEASE DATED SEPTEMBER 30, 1980
Being that certain real property situate, lying and being in
the City of Tustin, County of Orange, State of California,
described as follows, to -wit:
The Westerly 210.83 feet of the Easterly
397.00 feet of the portion of Lot Y of the
Stafford and Tustin Tract, as shown on a map
recorded in Book 2, page 618, of Miscellaneous
Records of Los Angeles County, California,
lying Northerly of the following described
line:
Beginning at a point in the center line of
Tustin Avenue (66 feet wide), formerly Newport
County Road, distant N. 0 004055" W. thereon,
97.34 feet from the intersection of said center
line with the center line of 6th Street (66
feet wide), formerly Sycamore Street, as said
Avenue and Street are shown on said map; thence
S. 67 032134" E., a distance of 2507.69 feet
to a point on the center line of B Street
(66 feet wide), as shown on map of Tract
No. 541, recorded in Book 26, page 14, of
Miscellaneous flaps, in the office of the County
Recorder of said County of Orange, said point
being distant along said last mentioned center
line, 867.76 feet Southerly from the intersection
thereof with said center line of 6th Street.
EXCEPTING THEREFROM that portion thereof included
within a strip of land 200 feet wide, the South-
westerly line of which is coincident with said
line thereinabove described.
EXCEPTING THEREFROM the easterly forty -one and
seventy five - hundredths feet (41.751) thereof.
SUBJECT to restrictions, reservations and
easements of record.
EXHIBIT A
BK 14201 Po 1 319
EXHIBIT B
AMENDMENTS TO BE MADE TO LEASE FROM CITY OF TUSCIN
TO BOYS' CLUB OF TUSCIN DATED DECEMBER 22, 1967
AS AMENDED BY AMENDMENT TO LEASE
DATED SEPTEMBER 30, 1960
1, Article I, PREMISES, is hereby amended by the addition
thereto after the words "leased premises" in line 28, of the
following:
, subject to the reservation of a well site or sites
as hereinafter provided in Section 17.
2. Section 2, INDEMNITY, of Article VIII is hereby
amended to provide as follows:
Section 2. Indemnity
Notwithstanding any provisions to the contrary con-
tained in this lease, and irrespective of any insurance carried
by Lessee, Lessor shall not be liable, and Lessee shall defend
indemnify, and hold Lessor harmless against all liability and
claims of liability, for damage or injury to person or property
on or about the premises from any cause whatsoever, including
but not limited to the passive negligence of Lessor or latent
defect or dangerous condition on the premises, but excluding
claims based on the sole negligence or willful misconduct of
Lessor and /or its officers and employees. Lessee waives
all claims against Lessor for damage or injury to person or
property arising, or asserted to have arisen, from any cause
whatsoever:
EXHIBIT B
—1—
EXHIBIT B sK 14201 Po 1320
3. Article X, DESTRUCTION, is hereby amended as follows:
A. After the words "occurrence of such partial
destruction" on page 10, line 7, there shall be inserted the
words "and /or in the event that said repairs are not carried
forth to completion with reasonable dispatch ".
B. Subparagraph (b) on page 10, lines 16 -30 shall
be deleted.
C. Section 2, Total Destruction, is hereby amended
by the deletion of the words on page 11, lines 3 and 4 "for
any cause for which Lessor is not responsible" and by the amend-
ment of the sentence on page 11, commencing on line 7 with the
words "in the ", to read as follows: "In the event that the
repairs to or rebuilding of said improvements have not been
commenced within one (1) year after such destruction and /or have
not been carried to completion with reasonable dispatch, Lessor
may terminate this Lease by giving timely, written notice to
Lessee of its election to terminate."
4. Section 17, Well Site, is hereby added to Article XIII,
to read as follows:
Section 17. Well Site.
There is hereby reserved to Lessor such portion
or portions of the westerly forty -one feet (411) of the demised
premises, as are now, or hereafter, and /or from time to time,
may be reasonably required, necessary or convenient for Lessor
to install, construct, repair, replace, restore and /or maintain
a well site or sites, together with all reasonable access for
ingress and egress thereto and therefrom. Such site or sites
shall be located, constructed and maintained by Lessor in
EXHIBIT B
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EXHIBIT B 1 BK 14 20 1 PB 1321
such manner as to minimize interference with the uses and
activities of Lessee insofar as is reasonable.
5. Exhibit "A ", legal description for lease between City
of Tustin and Boys' Club of Tustin is hereby amended by the
addition thereto of the following:
SUBJECT to the reservation and exception from the
demised premises of a well site or sites in the westerly
forty —one feet (411) of the demised premises as provided in
Section 17 of Article XIII.
EXHIBIT B
—3—
I 14LU I j �OLd
-� OFWIDEO NI b N". tta�
• OF owlo[ tWKiT. GUWetIA
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL To: 39955 .90AM pUG31'8
ROURKE & WOODRUFF (JGR)
1055 N. Main #1020
Santa Ana, CA 92701 AMENDMENT TO LEASE IEEA.MAUCH,CoutyRew
Tele: 714/835 -6212 EC E000
THIS AMENDMENT TO LEASE is made and entered into by and between
CITY OF TUSTIN, a municipal corporation, and the BOYS CLUB OF TUSTIN,
a California non - profit charitable corporation this day of
Je�,erkber , 1980.
W I T N E S S E. T H:
A. On or about December 22, 1967, the parties entered into
that certain lease of property described in the legal description
attached hereto marked Exhibit A and incorporated herein by this
reference (hereinafter "the leased premises ").
B. A portion of the leased premises is unused and essentially
unusable by the Boys' Club of Tustin.
C. The parties desire to amend the description of the leased
premises to delete this unused portion of property.
NOW, THEREFORE, the parties hereby agree that the lease dated
December 22, 1967? by and between the City of Tustin, a
municipal corporation, and the BOYS' CLUB OF TUSTIN, a California
non - profit charitable corporation, be, and the same hereby is
amended as follows:
1. The leased premises are amended to delete the easterly forty-
one and seventy -five hundredths feet (41.751) feet therefrom and
the legal description of the lease (Exhibit A of the original
lease dated December 22, 1967) is hereby amended to read as set
forth in the legal description attached hereto marked "Exhibit B"
and incorporated herein by this reference as though set forth in
full hereat.
1
�.� BK 14201 PG 1323
2. The lease between the parties dated December 22, 1967,
shall remain in full force and effect and unamended except as
expressly set forth hereinabove.
IN WITNESS WHEREOF the parties hereto have executed this Amend-
ment to Lease on the day and year first above written.
CITY OF TUSTIN, BOYS' CLUB OF TUSTIN
a municipal corporation a California non - profit'{` /�/-( /'/ /�
charitabl3e corpora io—
i-
BY: '"i '' iA BY:
14AYOR V PRESIDENT
ATTEST:
' k. r. tJ �.
Z CLERK
STATE OF CALIFORNIA )
as.
COUNTY OF ORANGE )
i
BY: t5
SECRETAVr
On FU�rGG.ST -?q., 198/, before me, the undersigned, a
Notary Public in and for said State, personally appeared
sass B. SBaRP , known to me to be the Mayor and MARY WYNN, known
to me to be the City Clerk of the City of Tustin, a municipal
corporation, that executed the within instrument, known to me to
be the persons who executed the within instrument on behalf of
the City therein named, and acknowledged to me that such City
7
BK 14201 PG 1324
executed the within instrument pursuant to a resolution of the
City Council of the City of Tustin.
WITNESS my hand and official seall.�'�"
=9OFF]MIAL SEAT, V NOTARY PUBLIC in and £or said State
LIS a. 1W N G•:: �.`•
STATE OF CALIFORNIA }
i as.
COUNTY OF ORANGE )
On SggTewaber 3d'" , 1980,
before me, the undersigned, a Notary Public in and for said
State, personally appeared �o OP r Tt. hS known to
me to be the President and _.7)6,! , &ejv4 , known to
me to be the Secretary of the California non - profit charitable
corporation that executed the within instrument, known to me to
be the persons who executed the within instrument on behalf of
the corporation therein named, and acknowledged to me that such
corporation executed the within instrument pursuant to its by -laws
or a resolution of its Board of Directors.
WITNESS my hand and official seal.
ROTA Y PUBLIC An ana tor said +dState
rs_waev+uweuv I
i m-alolu saA!
AGR: se:D:9 /15/80 MC!RtA U IC 'BENSON 5
dGR: se : R :9/19/80 i C'1.5;;, �OtifiTYy
My Camrrisson ERG�res E9ar. 3, 198t
ki
BK 14201 PG 1325
LEGAL I11::WRIPTION FOR
Jd:Afifi )il•.l'141?I:N 9711.' CITY OF
'1'llSTIN AND TIIE 11OYfi' l'LUB OF YUSi'1N
fleing that cettnin goal pi.opnrl.y si.luate, lying •,nrt I,.,-Kg
in the City of Tustin, County of Or,gge, Slalo ul 1 >•ti .• a .:,
A , suri.hnd as fo.l l.owr, to wi l.:
The Wenher.ly 210.113 feet of the R.'::,ir. -ly
397.00 Icy +t of the po,,ti.on of Lot 1' ut tie
Stafford and Tustin Tract, as shown on a �•,u
recukdad in nook 2, page 61R, of
Records of Los Any('des Comity, Cal.ifuutia,
lying NULthHrly of the following described
line:
Beginning at a point in the center 3 W of
Tustin Avenue (66 feet wide), foxmvely ::�•wp,A:
County Road, distant N. 00 04' 55" W. thocon,
97.34 feet ELOM the inturoection of conlor
line with the ctster line of Gth Sin et (56
feet wide) , formerly Sycamore S1nKOt as .-.id
Avenue and Street are shown on said rdp; 1hr,,cc
S. 670 32' 34" X., a distance of 2507.69 feet
to a point on the center line of R Stroot
(66 feet wide), as shown on map of Tre:ct
No. 541, recorded in gook 26, page 14, of
Miscellaneous Maps, in the office of the Curt „ty
Recorder of said County of Orange, said point
being distant along said last mentioned center
line, 067.76 feet Southerly from the inlersecti.on
thereof with said center line of 6th Street.
Y.XCEPTSNG THEREFROM that portion thereof included
within a strip of land 200 feet wide, the South-
westerly line of which is coincident with said
line iheroinabove described.
SUBJECT to restrictions, reservations ,cud
Casements of record.
HEOORD” "WO' LEGIBILITY OF WIUTMO,
TYPING OR PRINTING UNEATISFACTOBy IN
.THW OOCUNERr WHEN MOOMMBp.
EXHIBIT A
aK 14201 Po 132E
LEGAL DESCRIPTION FOR
LEASE, BETWEEN THE CITY OF
TUSTIN AND THE BOYS' CLUB OF TUSTIN
Being Lhat certain real property situate, lying c,nd being
in the City of Tustin, County of Orange, State of California,
described as follows, to wit:
The Westerly 210.83 feet of the Easterly
397.00 feet of the portion of Lot X of the
Stafford and Tustin Tract, as shown on a map
recorded in Book 2, page 618, of Miscellaneous
Records of Los Angeles County, California,
lying Northerly of the following described
line:
Beginning at 'a point in the center line of
Tustin Avenue (66 feet wide), formerly Newport
County Road, distant N. 00 04' 55" N. thereon,
97.34 feet from the intersection of said center
line with the center line of 6th Street (66
feet wide) , formerly Sycamore Street, as said
Avenue and Street are shown on said rap; thence
S. 670.32' 34" E., a distance of 2507.69 feet
to a point on the center line of B Street
(66 feet wide), as shown on map of Tract
No. 541, recorded in Book 26, page 14, of
Miscellaneous Maps, in the office of the county
Recorder of said County of Orange, said point
being distant along said last mentioned center
line, 867.76 feet Southerly from the intersection
thereof with said center line of 6th Street.
EXCEPTING THEREFROM that portion thereof included
within a strip of land 200 feet wide, the South-
westerly line of which is coincident with said
line thereinabove described.
EXCEPTING TIiEREFROM the easterly forty -one and
seventy five- hundredths feet (41.75') thereof.
SUBJECT to restrictions, reservations and ease-
ments of record.
EXHIBIT B
CONSENT To SUBLEASE
RECITALS
1. The City of Tustin, a municipal corporation
( "Lessor "), and The Boys' club of Tustin, a California non-
profit charitable corporation ( "Lessee "), are parties to a
lease of certain real property located at 580 West Sixth
Street, Tustin, California (the "Premises ") dat d De mber
22, 1967, and amended September 30, 1980, and ,
1981 (the "Lease ").
2. Lessee has signed a sublease (the "Sublease ")
with Six Star Cablevision of Tustin, Inc., a California
corporation (the "Sublessee "), which would allow the Subleases
to use a utility room and a portion of the roof of the building
located on the Premises for the reception and transmission
of cable television signal. A copy of the Sublease is attached
hereto as Exhibit "A" and incorporated herein.
3. The Lease requires in Article IX, Section 2,
that Lessor consent in writing to any sublease of the Premises
by Lessee.
4. Article III restricts Lessee's use of the
Promises to "maintaining a non- profit, education and recreational
facility of a varied type, generally used for similar Bo so
Clubs chartered throughout the United States by the Boys
Club of America, and other purposes incidental and related
thereto."
S. Article VII, Section 1 of the Lease provides
that the building, structures or improvements constructed or
placed on the premises shall not be altered, remodeled,
removed or destroyed by either party to the Lease without
the written consent of the other party.
6. Article VII, Section 4 of the Lease provides
that improvements made by Lessee to the Premises shall
immediately become the property of Landlord.
AGREEMENT
1. Pursuant to Article IX, Section 2 of the
Lease, Lessor hereby consents to the Sublease on the terms
set forth in the Sublease attached hereto.
2. Notwithstanding Article II of the Lease,
Lessor hereby consents to the use of the Premises by Sublessee
set forth in Section 4 of the Sublease.
3. Lessor hereby consents to Subleased!* making
of the alterations and improvements set forth in Section 7
of the Sublease; Lessor further consents to Section 17 of
the Sublease which allows the Sublessee to remove its
improvements at the expiration of the term of the Sublease,
or upon any earlier termination of such term.
MVE4G
201482 Page 1 of 2
This consent was entered into this 5th day of
December,.1982.
THE CITY OF TUSTIN,
a municipal corporation
n
Sy f
ATTEST:
T.ty Cle,�c
(Seal)
APPROVED
Date
City Attomey v'
MVE4O
201382 Page 2 of 2
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L E A S E
THIS LEASE, entered into thisday of December,
1967, by and between THE CITY OF TUSTIN, a municipal corporation,
hereinafter referred to as "Lessor ", and ThL BOYS'CLU O:
TUSTIN, a non- profit, charitable California corporation,
hereinafter referred to as "Lessee ".
2 E C 1 T A L S
Lessor is the owner of certain real propert,, in the
County of Orange, State of California, more particularly
described in as title I hereinafter; and
Lessor desires to lease said property to Lessee, and
Lessee desires to lease said property from Lessor;
XOWp THEREFORE, in consideration of the foregoing,
and the mutual covenants and agreements hereinafter contained,
the parties hereto do hereby mutually agree as follows:
ARTICLE I
PREMISES
Lessor hereby leases and demises to Lessee, and
Lessee hereby leases and takes from Lessor, for the tern,
at the rental sum, and upon the conditions set forth hereina fter,
those certain premises in the County of Orange, State of
California, more particularly described in Exhibit "A ", ehich
is attached hereto and by this reference made a part hereof
as if set forth in full, together with the nersanent improvements
which shall be constructed and located thereon by the Lessee;
said lard and irnrovements are hereinafter referred to as the
"leased premises ".
_RTICLL Il
TE.0
'he te::zi of this lease shall be for a period of fifty
(50) pears, eo: iencinc upon the -1l2fdav
I provided, however, that if for any reason, subject to the pro -
2 visions of Section 12 of Article XIII hereinafter, Lessee has
3 not performed each and all of its obligations as specified in
4 Article IV, Lessor may, at its sole option, terminate this
5 Lease, upon one hundred and twenty (120) days' prior written
6 notice to Lessee.
7 ARTICLE III
a USE OF PRESL:iSES
9 Lessee shall use the leased premises solely for the
10 purposes of maintaining a non - profit, educational and recreational
11 facility of a varied type, generally used for similar Boys'
12 Clubs chartered throughout the United States by the Boys'
13 Clubs of America, and other purposes incidental and related theret
14 Lessee shall not use or permit said premises or any part thereof
15 to be used for any other purposes without first obtaining Lessor's
16 written consent.
17 Lessee shall observe and comely with all laws, orders,
18 regulations, rules, ordinances and requirements of the federal,
19I state, county and city governments, and of all other governmental
20�{ authorities, affecting the leased premises or appurtenances or
any part thereof, and all of their departments, bureaus or
22111 officials, i,hether such laws, orders, regulations, rules or
23ij ordinances relate to alterations or repairs, to or in and about
24I the leased premises or to chances or requirements incident to
25,j or as a result of any use or occupation thereof, or otherwise,
ij
26 and whetrer the same are enforced at the corziencement of the lease
27 Ii tern.': or may, in the .future, be passes, enacted or directed, and
25 Lessee shall pay all costs, expenses, claims, fines, penalties and
29 damages that may in any manner arise out of or be unposed because
30 of failure of Lessee to comply with the provisions of this
31 paragraph.
32 It is agreed and understood by the parties hereto that
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in the event Lessor, in its varied capacity as a municipal
corporation, should enact, adopt or enforce a rule, ordinance,
regulation, law or policy which forces a unique hardship on
Lessee not Generally borne by other charitable organizations with
the City of Tustin, California, Lessee's performance under this
Article shall be excused to the extent of such hardship. Lessee
also agrees not to conduct or permit to be conducted any public
or private nuisance thereon, nor to commit or per-it to be
consritted any waste upon the leased premises.
Lessee shall pernit the use or the leased promises, in
whole or in part, for civic, educational and charitable purposes
by other charitable, non - profit organizations, which are recogniz
in i-:riting by Lessor and which are exempt from all federal,
state, and local income and property taxation, to the extent that
such use is not incompatible with the use of the leased premises
by Lessee. The determination of such inconraatibility shall be
made by reasonable exercise of discretion of the Board of
Directors of the Boys' Club of Tustin.
ARTICLE IV
:tE.
Section 1.
For and durinc the tern hereof Lessee agrees to pay
Lessor as annual rental for the leased premises the sour, of One
Dollar (51,00). The first rental installment shall be paid upon
the first day of the term of this Lease, and shall be paid
annually in advance on or before the first day of each and every
calendar year during said tern.
Section 2.
As additional rent, consideration and benefit to Lessor,
Lessee shall construct improvements as hereinafter provided, which
said ir:provements shall revert with the demised premises to the
Lessor at the end of the tern of this said Lease, or upon ary
-3-
1 earlier termination thereof. Said improvements shall be
2 constructed at Lessee's sole cost and expense, and shall conform
3 to plans and specifications prepared by Lessee at its sole cost
4 and expense, and approved by Lessor, which said approval Lessor
5 agrees not to unreasonably withhold.
6 Section 3. -
7 On or before January 1, 1669; Lessee shall submit to
8 Lessor for its approval plans and specifications for the construe
9 on the leased premises of pern.anent improvements of an estimated
10 original construction cost of not less than One Hundred Thousand
11 Dollars ( $ 100,000.00).
12 Section 4.
is On or before January 1, 19700 Lessee shall commence
14 construction of said improvements, or of a part of said eonstructic
15 to the extent of a reasonable value of not less than one -half of th
16 total estimated construction cost of said approved improvements.
i
17 Lessee shall diligently pursue such work to completion. Lessee
18 shall not authorize any variance from the plans and specifications
18 approved by Lessor, without the prior written approval of Lessor;
201 provided, however, that Lessee need not secure such written approva
211 for any single variance which would increase or decrease the
22'� cost of construction by more than Two Thousand'. Five Hundred Dollars
'21 (42,500.00), or for all variances authorized during the course of
24� construction which would increase or decrease the cost of construc-
25 }. tion by more than Ten Thousand Dollars (4 10,000.00).
26 Section S.
27 on or before July 1, 1970, said improvements, or one -half
26 thereof, as hereinabove specified, shall be completed.
2911 Section 6.
30 On or before January 1, 1973, Lessee shall have commenced
31 construction upon the remaining one -half of the said improvements,
32, as hereinabove specified.
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Section 7.
On or prior to July 1, 1973, Lessee shall have completed
construction of the balance of said improvements.
ARTICLE V
TAXES AND ASSESSIiEM
Section 1. Real and Personal Property
Lessee agrees to pay, at least ten (10) days prior to
the date of delinquency, all real property taxes and assessents,
if any, which may be assessed against the leased premises.
Lessee shall also pay all taxes and assess:s.ents, if any,
any nature levied against any personal property, trade fixtures
or improvements belonging to Lessee on or about said leased
premises.
Section 2. Payment by Lessor
In the event Lessee fails to pay such taxes, assessments
or charges, if any, Lessor may, at its option, at any tire during
said ten (10) day period or after delinquency, na_y 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, or the buildings or improvements
located thereon, from any tax sale or sales. :any such amounts
so paid by the Lessor shall be in+mediately nail by Lessee to
Lessor.
ARTICLE VI
UTILITIES
During the term hereof, Lessee agrees to pay, when
due, and to hold Lessor harmless from any liability for any and
all charges and /or assessments for water, sewer, gas, electricity,
telephone and all other forms of utility services of every kind
and nature supplied to and used on the leased premises, including
all charges for installation of meters, conduits or other
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facilities required for such service.
ARTICLE VII
ALTERATIONS, MAINTENANCE AND REPAIRS
Section 1. Alterations
Neither Lessee nor Lessor shall at any time alter,
remodel, remove or destroy any building, structure or improvement
constructed or Placed on the leased premises without first
obtaining the written consent of the other party hereto.
Section 2. Repairs and Maintenance
Any and all buildings and improvements V-ich may by
either party hereto be erected or constructed on and become a part
of said leased Premises, pursuant to the tera;s hereof, shall
during the term o€ this lease be kept and maintained in good
repair and order, except for normal wear and tear, at the sole
cost and expense of Lessee.
Section 3. raiver of Repairs
Lessor shall not be obligated to construct or make
any improvements, alterations, additions or repairs to or upon
the leased premises, or any part thereof, or any buildings or
improvements located thereon., and the parties hereto do expressly
waive any provisions of law in contravention thereof; provided,
however, and notwithstanding the foregoing, upon written
request of Lessee, Lessor may agree, yet in no manner must
Lessor agree, at any titre to alter, re =model, remove or destroy
any buildings, structure or improvement constructed or placed on
the leased premises upon such terms as the parties may then agree.',.
Section 4. Alterations Mar ^rovements and neoairs by Lessee
I£, after first obtaining the written consent'of Lessor
in accordance with Section 1 above, Lessee should alter, remodel,
remove or destroy any building, structure or improvement
constructed or placed on the leased nre:.:ises, or should construct
or place any new buildings, structures or improvements on the
-6-
I said premises, all such improvements, alterations or additions
2 which are made by Lessee shall immediately become the property
3 of Lessor as part of the leased premises, subject to the covenants
4 and conditions of this lease. Lessee agrees, at all time, to
5 save and keep Lessor and the leased premises free and harmless
6 from any and all liability on account of, or in respect to,
7 any mechanic's loins or liens in the nature thereof, for work
8 or labor done or materials furnished in any way at the instance of
9 or request of the Lessee, in about or upon the leased premises;
10 provided, however, that the Lessee shall have the right to contest
Z1 the Clair,: of such lien or liens, in which event the Lessee shall
12 furnish to the Lessor a sufficient surety bond executed by a
13 reputable and responsible surety company, in at least the
14 amount of such claim of such lien,.conditioned upon the diligent
151 prosecution of said defense, to hold the Lessor free and clear of
16 all loss, cost, damages and expenses of every kind and nature
17 arising directly or indirectly out of said contest, and Lessee
18 also agrees to pay any judgment that may be so obtained forthwith.
19 ARTICLE VIII
20 INSURANCE AND INDO -INITY
21 Section 1. Insurance
22 Lessee agrees:
.23 (a) To procure and naintain a policy or policies of
24 { {{, public liability and property damage insurance in a good and
25i1 solvent insurance corpanv or companies, such insurance to afford
26 protection to a limit of not less than Three Hundred Thousand
27 Dollars ( $ 300,000.00) for injury or death of one person, and
28 Five ' rundred Thousand Dollars ( $ 500,000.00) with respect to ary
28 one accident, and to the limit of not less than Fiftv Thousand
30 Dollars ( 5 50,000.00) for property damage. The obligation of the
31 Lessee contained in this subnarag_ra_nh shall be deemed satisfied
32 upon the annual tender to Lessor of a certificate frer., the
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insurance company or companies providing the comprehensive liabili
policies for all of Lessee's operations indicating that the
requirements of this subparagraph have been met;
(b) At all tires during the tern hereof to obtain
and maintain in force, if required, at Lessee's sole expense,
workmen's compansation insurance covering all persons employed
in connection with any work being done or any service being
performed on the leased premises;
(c) To procure and maintain at all times during the
term of this lease extended coverage fire, t^neft and destruction
insurance against any loss or damage covered under the standard
form of extended coverage insurance now in use in the State
of California, covering the leased premises, including all
improvements, buildings, fixtures and personal property upon
said leased premises to the full insurable value thereof;
(d) To deliver to Lessor, upon written demand,
certificates of coverage evidencing the insurance procured
by Lessee under the terms hereof;
(e) To pay any and all premiums or other expenses
arising in connection with the furnishing of such insurance by
Lessee as hereinabove provided;
(f) That all insurance policies shall contain a arovisic
that said policies shall not be cancelled or terrzinated without
at least twenty (20) days' prior written notice fry the
insurance company to Lessor, and that the insurance company will
;ive said notice if said insurance is not maintained or renewed
by Lessee at any time. Lessee agrees that prior to any
expiration of any insurance policy, Lessee will celiver to lessor
c•:ritten notification in the fora: of a recei,+t or other similar
document fro the applicable insurance eo:zpany that said _policy
or policies have been renewed, or deliver certificates of coverage
fror: another rood anal solvent insurance co_,. ztnc °or at least the
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1 same coverage. All insurance policies shall have the Lessor
2 named in such policies as one of the assured$.
3 Section 2. Indemnity
4 Notwithstanding anything to the contrary hereinabove
5 contained, and irrespective of any insurance carried by Lessee,
6 yet subject to the terms of Article X hereinafter, Lessee agrees
7 to protect, indemnify and save Lessor harttless from any and all
8 dar..aces or liabilities of whatsoever nature arising out of or in
8 connection with t1he use, occupancy and /or operations carried
10 on by Lessee on the leased premises.
11 ARTICLE IX
12 ASSIMMMT AND SUBLEASING
13 Section 1. Assignment
14 Lessee shall not assign this lease, in whole or in part,
15 by operation of law or otherwise, without the prior written
16, consent and approval of Lessor, and any such assignment without
17 ii such written consent shall be invalid and void for all purposes.
18 Section 2. Sublease
19 Lessee shall not sublease all or any portion of the
20' leased premises, by operation of law or otherwise, without the
21 written consent and approval of Lessor, and any such
22 sublease without such written consent shall be invalid and void
i
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.23�! for all purposes.
24 2i TIi:LL X
2511 DESTRUCTION
i
261 Section 1. Partial Destruction
27 (a) in the event of destruction, other than that
28 intended pursuant to the terms of Article Vii hereinabove, of
29 i less than forty percent (402), in terms of area, of the physical
30 improvements being a part of the leased premises during the tern:
31 hereof for any cause for which the Lessor is not responsible, unde
32 the law of the State o= Cali ornia a7plical --le to private parties,
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1 Lessee agrees to forthwith repair the same. Such partial
2 destruction shall in no event annul this lease nor shall it
3 affect in any manner any of the terms and /or conditions of this
4 lease while such repairs are being made. In the event said
5 repairs are not substantially underway, although they need not be
6 completed, within one hundred and eighty (180) days after the
7 occurrence of such partial destruction, this lease may be terming
8 at the option of either party hereto by giving written notice to
9 the other party of election to terminate; provided, in the event
10 of such teraaination, that Lessee agrees to assign and /or pay
11{ to Lessor any benefits, claims, damages or awards, if any, which
121 Lessee may receive, or to which it may be entitled, From any
13i insurance coverage to the extent of the market value, immediately
14I! prior to such damage or destruction, of the portion of the
151 improvements so destroyed.
16l (b) In the event such partial destruction is the
17 result of any cause for which Lessor is responsible, under
18 said law of the State of California applicable to private
19) parties, Lessor agrees to either: (1) repair such destruction
20 within the one hundred and eighty (180) day time limit set forth
I
211 hereinabove; or (2) to pay to Lessee the actuarial use value
221 of the remaining term, for all of the leased prea:ises, of this
.23I lease and terminate this lease upon timely written notice to
24 Lessee. Regardless of the alternative chosen by Lessor, under
I
25I the preceding terms of this sub - section., Lessee agrees to assign
26 and /or
pay to Lessor any and all benefits, claims, damages or
27 awards, if any, which Lessee may receive, or to which it may be
28 entitled, fro.'. any insurance coverage to the extent of the market
29 value, immmediately prior to such daziace or destruction, of the
30 improve.-Lents; so destroyed.
31 Section 2. Total Destruction
32
(a) In the event of destruction, other than that made
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1 pursuant to Article VII hereinabove, of more than forty percent
2 (40%) in terms of area of the improvements being g a part of the
3 leased premises, for any cause for which Lessor is not
4 responsible, under said law of the State of California applicable
5 to private parties, Lessee shall have the .option to: (1)
6 rebuild said improvements; or (2) to terminate this lease by
7 giving timely written notice of its election to Lessor. In the
8 event that the repairs to or rebuilding of said improvements are
9 not substantial) underwa
y y, althouch they need not be completed,
10 within one (1) calendar
year after such destruction, Lessor
12
may terminate this lease by giving timely, written notice to
12 Lessee of its election to terminate. In the event Lessee elects
13 to terminate this lease, Lessee agrees to assign and /or pay
14
to Lessor any benefits, claims, damages and awards, if any,
15
which it may receive, or to which it may be entitled, frow
16 any insurance coverage to the extent of the market value
17
of the improvements destroyed immediately prior to such
18 destruction. In the event Lessee or Lessor elects not to
1901
terminate this lease, then while such improvements are
2
i being repaired or replaced, the terms, conditions and provisions
21
of this lease shall in no na,rsaer be annulled or affected.
22 jl
( (b) In the event such destruction is the result of any
•2311
q cause for which Lessor is responsible, under said law of the
24 j!
State of California applicable to private parties, Lessee agrees
25n
to either: (1) repair such destruction within the one (1) year
26 i
time limit set forth hereinabove; or (2) to pay to Lessee the
27 actuarial use value of the remaining term, for all of the leased
28
premises, of this lease and terminate this lease by timely, written
29
notice to Lessee. Regardless of the alternative chosen by Lessor,
30
under the preceding terms of this sub - section., Lessee agrees
31
to assign and /or pay to Lessor ar_y and all benefits, claims,
32
damages or awards, if any, which Lessee may receive, or to which
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it may be entitled, from any insurance coverage to the extent
of the market value, immediately prior to such dstruction, of the
improvements so destroyed.
ARTICLE XI
if during the tern of this lease there is a taking or
transfer or damage to all or any part of the land subject to this
lease for public use by an individual or entity, public or private,
possessing the power of eminent domain, including Lessor, whether
by a conder:mation proceeding or otherwise (hereinafter referred to
as a "taking "), the rights and obligations, in regard to such
taking, of the Lessor and Lessee, as to their respective
interests in this lease only, shall be governed by the provisions
of this article.
Section 1. Date of Taking
In the event only a portion of the leased premises is
taken, yet the part remaining is not reasonably susceptible to
the use to which Lessee had put the premises prior to such
taking, or if no land is actually taken but the entire property
is damaged by reason of the taking of access rights or similar
valuable property rights so that the entire remainder is not
reasonably susceptible to such use, then this lease may be
terminated at the option of Lessee upon written notice to
Lessor. Such option to terminate must be exercised prior to the
earlier of the following dates: (1) the expiration of one
hundred and twenty (120) days after the service of summons in
any condemnation action; or (2) on the date legal possession
I
or physical possession is taken. Such termination shall be
effective no later than the date of the filing or recording of
a final order of condemnation or final judgment or the date the
condemnor takes legal or physical possession, whichever occurs
first.
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1 Section 2. Total Taking
2 In the event of a total taking, this lease shall
3 terminate subject to the provisision of Section 5 herein,
4 as of the date of taking as herein defined.
5 Section 3. Partial Taking
6 In the event only a portion of the leased premises
7 is taken, yet the part remaining is not reasonably susceptible
8 to the use to which Lessee had put the premises prior to such
9 taking, or if no land is actually taken but the entire property
10 is damaged by reason of the taking of access rights or similar
11 valuable property rights so that the entire remainder is not
12 reasonably susceptible to such use, then this lease may be
13 terminated at the option of Lessee upon written notice to Lessor.
14 Such option to terminate must be exercised prior to the earlier
is of the following dates; (1) the expiration of the one hundred
16 and twenty (120) days after the service of the summons in any
17 condemnation action; or (2) on the date legal possession or
18 physical possession is taken. Such termination shall be
19 effective no later than the date of the filing or recording of
20 a final order of condemnation or final judgment or the date the
21 condenmor takes legal or physical possession, whichever occurs
22 first.
i
•23i Section 4. Rental Adjustment
24I This lease shall, as the hart taken, terminate as of
25i the date of taking as herein defined, yet the rent payable
261j hereunder shall not be adjusted or affected thereby.
27 Section S. Abandonment c° Condemnation Proceedings
28 In the event the condemning agency shall abandon an
29 eminent domain proceeding after service cf any notice of
30 termination by Lessee, as provided for in Section 3 herein,
31
then Lessee may, at its option, revoke and cancel such notice
32
by notifying Lessor in w_itirg, not more than sixty (60) days
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I after there has been an express or implied abandonment in Section
2 1255 (a) of the California Code of Civil Procedure, or any amendmer.
3 thereof. Upon an express or implied abandonment, either party
4 hereto shall have a right to contest the condemnor's
5 abandonment and a right to its respective costs and disbursements
6 as defined and provided for in said California Code of Civil
7 Procedure, Section 1255 (a) or any amendment thereof.
8 I£, after the condemnor takes possession or the Lessee
9 moves from the property sought to be condemned in compliance with
10 an order of possession, the condemnor abandons the proceeding
11 as to such property or a portion thereof, or if it is determined
12 that the condemnor does not have authority to take such property
13 or a portion thereof by eminent domain, and the condemnor is
14 required by law or deliver possesion of such property or such
15 portion thereof to the parties entitled to possession thereof
16 and pay damages as are provided for in California Code of
17 Civil Procedure, Section 1255(a) or any amendment thereof, then
18 Lessee and Lessor shall divide the award of such damages, according
19 to the ratio by which their respective losses bear to each
20 other, and the Lessee shall be entitled to retake possession of the
i
211 premises, and, in the event of such repossession by Lessee,
22i all of the terms of this lease shall remain in operation.
•23 Section 6. Apportionment of Award
24.j !
In the event that an award is made for the taking or
25 damage of the land and improvements which are the subject of
261f
i 1 this lease in any action in direct or inverse condemnation, or
27! in the event of a transfer in lieu thereof, the parties hereto
28ii agree that their respective rights to the award or compensation
29 naid shall be as follows:
30 (a) All of that portion of the award or compensation
31 received for the appropriation of the leasehold estate created
32 hereby shall be awarded to Lessee.
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(b) All of the remaining portion of the award or
compensation, including all damages for severance, shall be
awarded to Lessor.
If there is an award made pursuant to a judgment and
neither party can agree as to the values to be assigned to
their respective interests in such award, the values of these
interests shall be determined under a proceeding governed
by California Code of Civil Procedure, Section 1246.1 or any
amendment thereof. Neither party will do any act or make
any agreement whicg will impair the legal obligation of the
condemnor to bear the costs of such proceedings. Both parties
agree, however, that in the event such a proceeding is used, the
rights of the respective parties hereto shall be governed by
the formula set forth herein.
If there is a transfer in lieu of condemnation and
16 the parties cannot agree as to their respective interest in
17 the consideration received, a timely appraisal of their respective
16 interests shall be conducted by three appraiser, each of whom
19 is a member of the American Institute of Real .Estate
201 Appraiser, qualified for the purpose of appraising this type of
21 property. The appraisal of each appraiser shall be made in
2211 accordance with the then standard practices of the American
'za Institute of Real Estate Appraisers.
24� Within thirty (30) days after service by Lessee of a
25 notice demanding appraisal, Lessor shall appoint in
26� writing an appraiser and give written notice thereof to Lessee,
271 and within thirty (30) days after service by Lessor of such
26 written notice, Lessee shall, in a like manner, appoint an
29 appraiser and give written notice thereof to Lessor. In case of
30 failure of either party hereto so to do within the time
31 specified, then the appraiser duly appointed by the other party
32 shall proceed to determine the fair market value of the interests
-1s-
as herein set forth.
2�{ The two appraisers appoined shall select and appoint
3 in writing a third appraiser and give written notice thereof to
411 Lessor and Lessee, or if within twenty (20) days after the
5 right to make application to the President of the Southern
8 California Chapter of the Institute of Real Estate Appraisers
7 to appoint, in his sole discretion, such third appraiser. Each
8 of the parties hereto shall pay for the services of his appointee
9 and one -half of the cost of the services of the third appointee.
A The three appraiser shall submit their appraisals in writing
in the then usual form to Lessor and Lessee. The parties
agree that for the purpose of calculating the value of their
respective interests, the value shall be deemed to be that
amount which is determined by taking the numerical average of the
two appraisal figures which are closest to each other.
1011 Section 7. Attornevs' Fee and Costs
17 Each party shall bear its own costs, attorneys' fees,
18 appraisers' fees and all other costs in connection with any
19 matter contained in this article except as may be otherwise
2011 provided.
211 Section B. Richt of Entry
221 Neither party hereto shall grant a right of entry
2311 to any condemnor without the written consent of the other
25
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30
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party hereto.
Section 9. Notice
In the event either party hereto receives actual
I
or constructive notice of any acts on the part of any entity
or individual possessing the power of eminent domain which would
cause or allow any of the provisions of this article to be
invoked, then, in that event, such party shall give timely
notice to the other party of such information.
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1 ARTICLE XII
2 DEFAULT AND REMEDIES IN EVENT OF DEFAULT
3 Section 1. Default
4 Any and all of the following actions shall constitute
5 a default of this lease:
6 (a) Use of the premises for any purpose other than
7 authorizied in this lease; or
8 (b) Default in the payment of any installment
9 of rental or other sum when due; or
10 (c) Failure to pay any insurance premium, lien,
11 claim, demand, judgment or other charge provided for in
12 this lease to be paid at the time or in the manner hereinabove
13 provided; or
14 (d) Failure to maintain the leased premises
15f or cause the same to be maintained as nrovided in this lease; or
161 (e) Abandonment or vacation of the leased premises
17 for a continuous period of thirty (30) days; or
18 (f) Failure to perform or breach of any other covenant,
19 condition or restriction provided in this lease to be kept or
20' performed.
21I Section 2. Remedies in Event of Default
22
Upon default:
-23� (a) If said default is due to the failure to make
24, the payment of any installment of rent or other sum when due,
25 and there shall also be a failure to remedy such default
26 within (30) days after written request so to do; or
27 (b) In the event said default is due to other than
28 the payment of monies, and in the event there shall also be
29 failure to remedy such default within thirty (30) days after
3. written request so to do, or if such default cannot be cured
31
within thirty (30) days, if curative action has not been
32 commenced within such period and is thereafter prosecuted
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I to completion with due diligence;
2 Then, and in either of- said events, in addition to
3 any other remedies Lessor may.have by operation of law, Lessor
4 shall have the right, upon ten (10) days' prior written notice
5 to Lessee, to declare this lease terminated.
6 ARTICLE XIII
7 MISCELLANEOUS
8 Section 1. Inspection
9 Lessor reserves the right for Lessor's agents and
10 representatives:
11 (a) To enter upon the leased premises at any
12 reasonable time for the purpose of attending to Lessor's
13 business and Lessor's interest hereunder.
14 (b) To inspect said premises and do any other act
15 or thing which Lessor shall at any time deem necessary or
16 proper for the preservation or care of said leased premises
17 or adjoining premises.
18 Section 2. Payments and Notices
19 Any notice to be given or other documents to be delivered
20 by eith party to the other hereunder may be delivered in person
21 to either party, or may be deposited in the United States mail
22 in the State of California, duly certified, with postage prepaid,
•23 and addressed to the party for whom intended as follows:
24iI To Lessor at: 135 West Third Street
25II Tustin, California
II To Lessee at: P. 0. Box 781
26'� Tustin, California 92680
27� Either party hereto may from time to time, by written
28 notice to the other party, designate a different address which
29 shall be substituted for the one above specified. If any notice
30 or other documents is sent by certified mail, as aforesaid, the
31 same shall be deemed served or delivered twenty -four (24) hours
32 after the wailing thereof as provided above.
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0
1 Section 3. Waiver
2 No waiver of any breach of any of the terms, covenants,
3 agreements, restrictions or conditions of this lease shall be
4 construed as a waiver of any succeeding breach of the same or other
5 covenants, agreements, restrictions and conditions hereof.
6 Section 4. Holding Over
7 If Lessee shall hold over the leased premises after
8 the expiration or termination of the term hereof, or an
B extension of that term as provided herein, with the consent
10 of the Lessor, either express or implied, such holding over
11 shall be construed to be only a tenancy from year to year,
12 subject to all the covenants, conditions and obligations hereof,
13 and the Lessee hereby to
y rees g pay the same rental annually
14 as provided in this lease; provided, however, that nothing
15 herein contained shall be construed to give Lessee any rights
16 to so hold over and to continue in possession of the leased
17! premises after the expiration or termination of the term hereof.
18f Section 5. Surrender at End of Term
19 upon the expiration of the term of this lease, as
20 provided herein, or any extension thereof, or upon any sooner
21 termination thereof, Lessee shall promptly surrender to Lessor
22i all and singular or the leased premises.
.23
� Section 6. Lease Binding Upon heirs
24
Subject to the limitations on assignment and subletting
251 each of the terms, covenants and conditions of this lease shall
26 extend to and be binding on and inure to the benefit of not only
27.1 1 the Lessor and the Lessee, but each of their respective
28I successors and /or assigns in interest. Whenever in this lease
29 reference is made to either the Lessee or the Lessor, the reference
30 shall be deemed to include, whenever applicable, the legal
31
representatives, the successors and /or the assigns as if every
32
case specifically expressed.
II -19-
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1
Section 7. Time of the Essence
Time is expressly declared to_be of the essence of
3 this lease.
4 Section S. Attorney's Fees
5 In the event that any action is brought by either
6 party hereto against the other party hereto for the enforcement
7 or declaration of any right or remedies in or under this lease
8 or for the breach of any covenant or condition of this lease, then
9 and in that event, the parties in whose favor the final
10 judgment is entered shall be entitled to recover, and the
11 other party agrees to pay, all fees and costs to be fixed by
12 the Court therein, including, but not limited to, reasonable
13 attorneys' fees. In the event any action is brought by a third
14 party or parties against either party herein and the other
1s 'party hereto is joined therein solely by reason of its
16 relationship under this lease, the party against whom the real
19 cause of action has been asserted shall pay all fees and costs,
18 including, but not limited to, reasonable attorneys' fees,
19� incurred by the other party hereto in defending against such
20 an action.
21� Section 9. Quitclaim
2211 u At the expiration or earlier termination of this lease,
.23II Lessee shall execute, acknowledge and deliver to Lessor,
241' within fifteen (15) days after written demand from Lessor
25! to Lessee, any quitclaim deed or other document required by
26�� any reputable title company to remove the cloud of this lease
27 from the real property subject to this lease.
281 Section 10. Quiet Enjovment
29 I Lessee, upon paying the rent provided for herein and
301 observing and performing all of the provisions of this lease
31land to be performed and observed by Lessee, shall quietly have
32 enjoy, subject to all of the provisions of this lease, the
-20-
1
8
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
•23
24
25
26
27
28
29
30
31
32
R
premises during the term hereof, without hindrance or molestation
by anyone lawfully claiming under Lessor.
Section 11. 'Transfer of Lessor's Interest
In the event of any transfer or transfers of Lessor's
interest in the premises, the transferor shall be automatically
relieved of any and all obligations and liabilities on the part
of Lessor accruing from and after the date of such transfer.
Section 12. Force 6iaieure
In the event the performance by either party of any
of its obligations hereunder is delayed by reason of an act or the
neglect of the other party, or its officer, employees or agents,
an act of God, stormy or inclement weather, strike, labor
dispute, boycott, lockout or other like action, inability to obtain
labor or materials, governmental acts or restrictions, riot,
insurrection, war, catastrophe, casualty, act of the public enemy,
or any other cause, whether similar or dissimilar, beyond the
reasonable control of the party from whom such performance is due,
the period for the commencement or completion thereof shall be
extended for a period equal to the period during which performance
is so delaved; provided, however, that Lessor shall not be
excused for any period, under the terms of this section, for its
own governmental acts, enactments or regulations unless such
acts, regulations or enactments are required by Lessor by
reason of the supremacy of any state or federal governmental
right or power.
Section 13. Relationship of the Parties
The relationship of the parties hereto is that of
Lessor and Lessee, and it is expressly understood and agreed
that: (1) Lessee does not in any way, nor for any purpose
become a public body, agency or service of any nature whatsoever;
and (2) Lessor does not in any way become responsible for,
the sponsor of, a participant in or liable for Lessee, its
-21-
44
v
I
I TRACT
,.Jsuw- I
30
FREEWAY
T415 TIN AVENUE
r 32 Norf - ASSESSOR'S 8LOCA
STAFFORD 8 WSTIN TR. L.A. 1-15,16 a LOT NuwBERs
TR. AID. 5415 MW 210-45, 46,47 SHOWN IN CIRCLES
OCR.
1 313 !
NO. 5415
i
TUSTIN
STAFFORD
P911 Lor x
myi?7Z I
41,
Rs
BRACT
0-)
Ln
60
FREEWAY
T415 TIN AVENUE
r 32 Norf - ASSESSOR'S 8LOCA
STAFFORD 8 WSTIN TR. L.A. 1-15,16 a LOT NuwBERs
TR. AID. 5415 MW 210-45, 46,47 SHOWN IN CIRCLES
acts or its operations nor shall Lessor be, in any manner,
2 engaged in any proprietary or private act or enterprise.
3 Section 14. Number and Gender
4 whenever the singular number is used in this lease,
5 when required by the context the same shall include the
6 plural, and the masculine gender shall include the feminine
71 and the neuter genders, and the word "person" shall include
8 any individual, partnership, corporation, firm or association,
9 whether public or private, and whether a municipal, non - profit
10 or profit - making party or entity.
11 Section 15. Headings and Titles
12 The marginal headings or title to the paragraphs of
131 this lease are not a part of this lease and shall have no
14 effect upon the construction or interpretation of any part of this
15 lease.
16 section 16. Entire Agreement
17 This lease contains the entire agreement of the parties
18 hereto with respect to the matters covered hereby, and no other
19 agreement, statement or promise made by any party hereto, or to
20I any employee, officer or agency of any party hereto, which is
21{ not contained herein, shall be binding or valid.
22i IN WITNESS WHEREOF, the parties hereto have executed
23I� this lease the day and year first above written.
25
26
2711 ( Seal)
2811
2911 ATTESTAT,ION BY CITY CLERIC
THE CITY OF TUSTIN,
a muo cipal corporation
By:
BV
"Lessor"
BOYS' CLIdB OF TUSTIN— a non -ori
31 APPROVED AS TO ORM /J 4a
32 �:�j
SG( B
r� ,: Y
r:
City Attgrney , By
(� -22- "Lessee"
EXHIBIT "A"
LEGAL DESCRIPTION FOR
LEASE BETWEEN THE CITY OF
TUSTIN AND THE BOYS' CLUB OF TUSTIN
Being that certain real property situate, lying and being
in the City of Tustin, County of Orange, State of California,
described as follows, td wit:
The Westerly 210.83 feet of the Easterly
397.00 feet of the portion of Lot Y of the
Stafford and Tustin Tract, as shown on a map
recorded in Book 2, page 618, of Miscellaneous
Records of Los Angeles County, California,
lying Northerly of the following described
line.
Beginning at a point in the center line of
Tustin Avenue (66 feet wide), formerly Newport
County Road, distant N. 00 04' 55" W. thereon,
97.34 feet from the intersection of said center
line with the center line of 6th Street (66
feet wide), formerly Sycamore Street, as said
Avenue and Street are shown on said map; thence
S. 670.32' 34" E., a distance of 2507.69 feet
to a point on the center line of B Street
(66 feet wide), as shown on map of Tract
No. 541, recorded in Book 26, page 14, of
Miscellaneous Maps, in the office of the County
Recorder of said County of Orange, said point
being distant along said last mentioned center
line, 867.76 feet Southerly from the intersection
thereof with said center line of 6th Street.
EXCEPTING THEREFROM that portion thereof included
within a strip of land 200 feet wide, the South-
westerly line of which is coincident with said
line thereinabove described.
SUBJECT to restrictions, reservations and
easements of record.
EXHIBIT "A"
(FIFTY YEAR AGREEMENT)
CERTIFICATE OF WORKERS' COMPENSATION COVERAGE
Dec s, T2011
PRODUCER
NonPmfits' United Workers' Compensation Group
4311 Suva, Suite 200
Sacramento, CA 95814 Phone: (916) 764 -0056
Far:: (916) 880 -5251
THIS CERTIFICATE IS ISSUED AS MATTER OF INFORMATION ONLY
AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.
THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE
COVERAGE AFFORDED BY THE POLICIES BELOW.
Marsh Risk./ Insurance Serviees
345 California Street, Suite 1300
San Francisco. CA 94104
INSURERS AFFORDING COVERAGE
INSURED
INSURER A, NonProfits' United Workers' Compensation Group
INSURER e. ACE American Insurance Company [NAIL a 226671
Boys' & Girls' Club of Tustin
580 W. 6th Street DEC 2 7 2011
Tustin, CA 92780
--
INSURER C:
OFFICE- TUSTiN CITY CLERK
INSURER D.
INSURER E:
COVERAGES This CerOficate Is not intended to specify all endorsements, coverages, terms, conditions and exclusions of the policies shown.
THE POLICIES OF COVERAGE LISTED BELOW HAVE BEEN ISSUED TO THE AFFILIATE MEMBER NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM, OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE
COVERAGE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS
SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
was L
TYPE OF COVERAGE
POLICY NUMBER
EFFECTIV ATE
D
POLICY
EXPIRATIONDAM
UNRS
GENERAL LM!UUTY
EACH OCCURRENCE
$
COFCM— ALGENERALLtAw-nY
FIRE DAMAGE (Any we fns)
$
I.AIMa MADE OCCUR
MED EXPENSE (Any are Va %ee)
$
GENERAL AGGREGATE LIMIT APPLIES PER:
PERSONAL S ADV INJURY
$
POLICY PROJECT LAC
GENERALAGGREGATE
$
PRODUCTSCOMPRSP AGG
$
AUTOMOBILE
LIABILITY
COM84NEO SINGLE LIMIT
$
ANYAUTO
$
(Each accdo*
ALLOWNEDAUTOS
BODILY aJJtRLY
$
SCHEDULEDAUTOS
$
(Posers
HIRED AUTOS
BODILY INJURY
$
NON-OWNED AUTOS
$
IPar acci4enU
PROPERTY DAMAGE
$
$
P. seciaent)
WORKERS'COMPENSATION
WCSTAT
uMVs
X
OTHER
E.L. EACH ACCIDENT
$500,000
A
AND
NPU -WCG 001 -2012
1/1/12
1/1113
E.L. DISEASE - EA EMPLOYEE
$500,000
EMPLOYERS LIABILITY
E. L. DISEASE - COVERAGE LIMIT
$500,1X70
OTHER
B
EXCESS Workers' Compensation
WCL C46245283
1/112
1 /1 /13
535,000,000 x $500,000 WC
$2,000,000 x $500,000 EL
DESCRIPTION OF OPERATIONSILOCATIONSr4EHICLESIE XCLUStONS ADDED BY ENDORSEMENTISPECIALIPROVISIONS
Ev idence of Workers' Compensation Coverage: Waiver crfSubrogation
provided by Endorsement NPUWCG- BNGTUS -02
CERTIFICATE HOLDER MDITIONALINSUREDONSURER LETTER:
CANCELLATION
NPUWCG- BNGTUS -02
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
BEFORE THE EXPIRATION DATE THEREOF NOTICE VMLL BE DELIVERED
City oFTBSdn
IN ACCORDANCE WITH THE POLICY PROVISIONS.
PO Box 1089
Tustin. CA 92781 -1089
/
Based on ACORD 25 (2009100)
THIS ENDORSEMENT CHANGES THE MEMORANDUM OF COVERAGE
PLEASE READ IT CAREFULLY
WAIVER OF TRANSFER OF RIGHTS OF
RECOVERY AGAINST OTHERS TO US
Nonprofits' United Workers' Compensation Group
Memorandum of Coverage: NPU -WCG 001 -2012
This endorsement modifies the coverage provided under the following:
Memorandum of Coverage: PART ONE: WORKERS' COMPENSATION
COVERAGE Paragraph H. RECOVERY FROM OTHERS is amended with respect to the following: Name
and Address of Person or Organization:
City of Tustin
PO Box 1089
Tustin, CA 92781 -1089
DESCRIPTION OF OPERATIONS /LOCATIONS ADDED BY ENDORSEMENT:
- With regard to the City of Tustin, Its officers, officials, employees and volunteers
NPU -WCG waives any right of recovery it may have against the person or organization shown above
because of payments made by NPU -WCG for injury or damage arising out of the Members' operations
done under a contract with that person or organization shown above and included in the coverage
provided by the Memorandum of Coverage. This waiver applies only to the person or organization
shown on the Schedule Above.
This endorsement is part of the Memorandum of Coverage and is effective on the date shown below:
All other terms and conditions remain unchanged.
.. i .
. =0 0
0
�-UIAA
Aut If onze epresentaative to G
NPU -WCG �m Page 1 ���� a� MOC NPi7 -WCG- Doi -2012