HomeMy WebLinkAboutC.C. 03 FIRE SVCS AG 01-06-92CONSENT CALENDAR NO. 3
1-6-92
DATE: DECEMBER 91 1991
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: RONALD A. NAULT, DIRECTOR OF FINANCE
SUBJECT: AMENDMENT TO FIRE SERVICES AGREEMENT
RECOMMENDATION:
Authorize the Mayor to sign the amendment to the Agreement between
the County of Orange and the City, providing specified fire
services.
DISCUSSION:
The amended Agreement between the County and the City providing
specialized fire services expired June 30, 1991. The attached
amendment will continue the Agreement through fiscal 91/92. As
discussed in the staff .report later in the agenda, the City is
continuing to participate in the formation of a Fire Protection
District. At this time the "best case" scenario indicates that the
district formation will not be completed until January, 1993.
Staff anticipates that the City will again amend this Agreement
with the County for fiscal 1992/93.
aul-�
Ro d A. Nault
Director of Finance
RAN: 1s
Attachment (Exhibit B)
a:amendmnt.oc.f
AMENDMENT TO AGREEMENT
THIS AMENDMENT TO AGREEMENT Is made and entered into this day of
. 1991, by and between the COUNTY OF ORANGE, hereinafter referred to as
"COUNTY." and the CITY OF TUSTIN, hereinafter referred to as "CITY."
WHEREAS, COUNTY and CITY entered Into an agreement dated January 27, 1986
whereby COUNTY provides specified fire services to the CITY: and
WHEREAS, the parties now wish to amend said AGREEMENT:
NOW THEREFORE, the parties further agree as follows:
A. Section 2 of the agreement shall be amended to read as follows:
"2. This Agreement shall become effective July 1, 1986, and shall continue in
effect through June 30, 1992."
B. Amend Section 3 to add the following:
"In consideration of the services provided under this Agreement from July 1,
1991 through June 30, 1992, CITY shall pay to COUNTY the sum of $3,124.003.
All payments due COUNTY shall be paid quarterly in arrears, commencing
October 1, 1991."
C. Amend Sections 4 and 5 as follows:
"4. CITY payments to COUNTY for services provided in the initial contract year
and In each of the subsequent fiscal years through June 30, 1991 shall be based
on the allocation of the estimated cost to COUNTY of providing said services as
determined by the County Fire Department's Cost Allocation Plan (CAP).
However, COUNTY and CITY agree to continue negotiations to seek a mutually
agreeable alternative method of cost determination for CITY's charges.
5. On or before March 1. of each subsequent fiscal year through June 30, 1991.
commencing March 1, 1987, the Director of Orange County Fire Services shall
notify CITY, In writing, of the estimated costs to COUNTY of providing said
services to CITY during the following fiscal year.
On or before May 1, of each subsequent fiscal year through June 30,
1991, commencing May 1, 1987, the Director of Orange County Fire Services
shall notify CITY, in writing, of the final charges for providing said services to
CITY during the following fiscal year. In the event CITY falls to agree, prior to
the following June 1, to pay said sum, this contract shall be deemed tenninaled,
effective June 30 of the same year."
F1SA 1
D. Amend Section 6 to add the following:
"For the period beginning July 1, 1991, CITY agrees to lease the premises to the
COUNTY pursuant to the Lease attached hereto as Exhibit B, such lease being
incorporated herein by reference to be made part of this agreement."
E. This Amendment shall be effective July 1, 1991.
F. All other terms and conditions of the Agreement shall remain the same.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed
by their respective authorized officers thereunto duly authorized upon the date hereinabove
first written.
CITY OF TUSTIN COUNTY OF ORANGE
By
By
Chairman, Board of Supervisors
Date
Date
ATTEST:
SIGNED AND CERTIFIED THAT A COPY
OF THIS DOCUMENT HAS BEEN
DELIVERED TO THE CHAIRMAN OF
THE BOARD
By
Clly Clerk
BY
LINDA D. RUTI.1
Clerk of the Board of Supervisors
County of Orange, California
Date
Date
APPROVED AS TO FORM
APPROVED AS TO FORM
TERRY C. ANDRUS. COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
BY
BY
yX
Dq)utY
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Date
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GA 861-5
Orange County Fire Station No. 37
(Tustin Fire Station No. 2)
LEASE
EXHIBIT B
THIS IS A LEASE, made , 19 , by and between CITY OF
TUSTIN, hereinafter referre to as "LESSOR," and COUNTY OF ORANGE, hereinafter
referred to as "COUNTY," without regard to number and gender.
R E C I T A L S
A. LESSOR and COUNTY have entered into a Fire.Protection Agreement ("AGREEMENT")
for the purpose of providing fire protection and medical aid services
("SERVICES") to the City of Tustin.
COUNTY will provide said Services for LESSOR pursuant to said Agreement.
B.. COUNTY requires the use of LESSOR's fire station facility located at 14901 Red
Hill Avenue, Tustin, California, for the purposes of providing said Services.;
NOW, THEREFORE; LESSOR and COUNTY hereby agree as follows:
1. PREMISES (AA2.1 S)
LESSOR leases to COUNTY that certain property hereinafter referred to as
"Premises," described in "Exhibit I" and shown on "Exhibit -II," which exhibits are
attached hereto and by reference made a part hereof..
COUNTY is granted exclusive use of the Premises, except for that portion of the
driveway shown crosshatched on Exhibit I I , to which LESSOR reserves the right of.
ingress and egress to LESSOR's adjacent facilities. LESSOR and COUNTY agree to
take such steps as necessary to insure that said driveway remains open to vehicular
traffic at all times.
2. USE (N)
The Premises shall be used for the purpose of operating a fire station.
3: PARKING (AA3.1 S)
LESSOR shall, throughout the term of this Lease, provide parking spaces for
COUNTY's free and exclusive use.
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In addition to said parking spaces, LESSOR shall also provide parking for
handicapped persons in accordance with Title 24, Section 2-7102 of the California
State Building Code and the applicable codes and/or ordinances relating to parking
for handicapped persons as established by the local jurisdiction in which the
Premises is located where the provisions of such local codes and/or ordinances
exceed or supersede the State requirements.
4. TERMINATION OF PRIOR AGREEMENTS (AA4.1 S)
It is mutually agreed that this Lease shall terminate and supersede any prior
agreement between the parties hereto covering all or any portion of the Premises,
EXCEPT that all personal property and/or equipment (e.g., fixtures, partitions,
counters, shelving) attached to and/or placed upon any portion of the Premises by
COUNTY pursuant to the terms of any prior agreement between the parties hereto
shall remain the personal property of COUNTY.
5. TERM (AB3.1 N)
The term - of. this Lease shall be five years commencing July 1 , 1991 , and shall run
concurrently with the term of the "AGREEMENT." If said Agreement is terminated by
either party for any reason, this Lease shall be terminated automatically without
any further notice or action on the -part of COUNTY or LESSOR.
6. RIGHT TO TERMINATE LEASE (N)
COUNTY or LESSOR may terminate this: Lease, for any reason, upon 30 days prior
written notice by the terminating .party.
7. RENT (AC1.1 S) :
COUNTY agrees to pay to LESSOR as rent for the Premises the sum of Two.Thousand
Three Hundred Seventy -Five Dol l ars t $2 3,375 ) per month .
To obtain rent payments LESSOR (or LESSOR's designee) shall submit to COUNTY's
GSA/Real Estate Division, in a form acceptable to said Division, a written claim
for said rent payments.
Payment shall be due and payable within 20 days after the later of the .foil owing:
1. The first day of the month following the month earned; or
2. Receipt of LESSOR's written claim by COUNTY's GSA/Real Estate Division.
8. RENT ADJUSTMENT (AC2.3 S)
COUNTY's monthly rent payments shall be subject to automatic adjustment at the
beginning of each year of the lease term. Said adjustment shall be proportionate
to the change in the Consumer Price Index for L -os Angeles Anaheim - Riverside
(All Urban Consumers - All Items) promulgated by the Bureau of Labor Statistics of
the U.S. Department of Labor or' any replacement index thereto for the period of
time between the commencement date of the lease term and the adjustment date.
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The increase or decrease shall be calculated by means of the following formula and
shall be effective the adjustment date, which shall be the first day of the second
and all subsequent years of the lease term:
Adjusted Rent = A x B
C
A = 2 ,375
B = Monthly index for the fourth month
increase is to become effective.
C = monthly index for the fourth month
term commences .
9. ALTERATIONS (AE1.1 S)
prior to the month in which the rent
prior to the month in which the lease
COUNTY may make improvements and changes in the Premises, including but not limited
to the installation of fixtures , •parti-ti ons , counters, shelving, and equipment as
deemed necessary. It is agreed that any such fixtures, partitions, counters,
shel ving,' or equipment attached to or 'pl aced upon the Premises by COUNTY shall be
considered as personal property of COUNTY, who shall have the right to remove
same. COUNTY agrees that the Premises shall be left in as good condition as when
received, reasonable wear and tear excepted, t
10. REPAIR, MAINTENANCE, AND JANITORIAL SERVICE (AE2.1 N)
COUNTY shall provide, at its own cost *and expense, all janitorial supplies anal
services to the Premises, including the supplying of rest room expendables and
replacement of light bulbs and fluorescent tubes. COUNTY shall also provi de,: at
its own cost and expense., the cleaning and repainting of interior surfaces, routine
servicing of plumbing, electrical heating and air conditioning systems; routine
maintenance of apparatus doors, and repair of all damage caused by COUNTY's misuse
of the Premises. COUNTY shall also be responsible for the watering and maintenance
of landscaping on the Premises.
LESSOR shall provide, at its own cost and expense, all other interior and exterior
repair and maintenance items, including, but not limited to upkee.p of exterior
walls of the building, parking areas, -ramps and driveways, and replacement of, or
major repairs to, the roof coverings, apparatus doors, and heating and air
conditioning systems.
LESSOR shall also provide, at its own. cost and expense, weekly trash pick-up from
the Premises.
If LESSOR fails to provide satisfactory repair and maintenance to the Premises,
COUNTY's GSA/Real Estate Division may notify LESSOR in writing; and if LESSOR does
not instigate measures to provide satisfactory service and/or to remedy the
unsatisfactory conditions within a reasonable time after'COUNTY has placed such
notice in the mail to LESSOR directed to the address shown for LESSOR in "NOTICES"
clause below, or has personally delivered such notice to LESSOR, COUNTY may provide.
the repair and maintenance necessary to remedy the unsatisfactory condition or have
others do so, and deduct the cost thereof, including 1 abor, materials, and overhead
from the rent thereafter payable.
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If LESSOR or his representative cannot be contacted
and/or services the same day any emergency repairs and/or
COUNTY for emergency repairs
remedy the emergency condition, or if P nd/or services are necessary to
unable to make the necessary repairs oLESSOR following such contact by COUNTY is
at its option have the necessary repairs made and/orene�essary services, COUNTY may
emergency condition, and deduct the cost thereof,inclludi provide services to remedy the
overhead from the rent thereafter payable, n9 Tabor, material , and
11. UTILITIES (AE4.1 N)
COUNTY shall be responsible for and
for utilities supplied to the Premisesexypeiwaters
delinquency date, all charges
Of LESSOR. Pt ,which shall be the obligation
12. FIRE INSURANCE (AE5.1 N)
LESSOR shall maintain throughout the term of this
extended coverage on the Premises to the full insurable
fire insurance with
.located on the Premises. rabl a value of improvements
shall be a standard waiverloflydeh in the policy or policies of fire insurance
company issuing said right of subrogation against COUNTY by the insurance
provide COUNTY with evidence i c .or Policies. Upon demand of COUNTY, LES
Of compliance with these requirements.. LESSOR
LESSI
Option, LESSOR may self -insure the coverage required OP,'s
q ed by this sect
13. PUBLIC LIABILITY INSURANCE (AE6.1 S) ion.
COUNTY agrees, at its sole expense, to maintain i
Lease, for COUNTY's sole benefit, comprehensive n force during the. term of this
insuring against claims for injuries to ersons genera] liability insurance,
p or property occurring in,, upon, or
about the Premises. Said insurance shall have limits of not less than
dama'000 for injuries to person or persons a
. 9e. At COUNTY's option, COUNTY may and not less than $100,000 fo00�000 and
section. y sel f -insure the coverages required by this
14.' TAXES AND ASSESSMENTS (AE7.1 S
All, taxes and assessments which become due and
the full responsibility of LESSOR, and LES the upon the Premises -shall be
assessments to be paid promptly, SOR sha]1 cause said taxes and
15• BUILDING AND SAFETY REQUIREMENTS (AF1.1
S)
During the full term of this Lease, LESSOR a r
compliance with all applicable building codes ess to maintain the Premises in
.
applicable on the date of this- Lease, and as thetatutes , and orders as they are
y may be subsequently amended.
LESSOR further agrees to maintain the Premises a
defined in the California Occupational a s a "safe place of employments"
Code, Division 59 Part 1 Safety and Health Act (California Labor
as
Occupational Safety and HealthtAct3' beginning with Section 6400) and the
supersede, the California Act, as the herovisre e provisions of such Act exceededoral
date of this Lease, and as they may bepsubse !!es of such Act are applicable on the
q ntly amended.
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1 In the event LESSOR neglects, fails, or refuses to maintain said Premises as
aforesaid, COUNTY may, notwithstanding any other termination provisions contained
2 herein:
A. Terminate this Lease; or
4 B. At COUNTY's sole option, cure any such default by performance of any act,
including payment of money, and subtract the cost thereof plus reasonable
5 administrative costs from the rent.
6 Conditions caused solely by COUNTY and not subject to the control of LESSOR are
7 excluded from these provi.si ons .
8 16. INDEMNIFICATION (N)
9 COUNTY shall indemnify and save harmless LESSOR, its officers, agents, and
employees, -from and against any and all claims, demands, losses, or liabilities of
any kind or nature which LESSOR, its officers, agents, and employees may sustain or
10 incur or which may be imposed upon them or any of them for injury to or death of
11 persons, or damage to property as a result of, or arising out of, the sole
negligence of COUNTY, its officers, agents, employees, subtenants, invitees, or
12 licensees, in connection with the occupancy and use of Premises by COUNTY.
Likewise, LESSOR shall indemnify and save harmless COUNTY, its officers, agents and
13 employees, from and against any and all claims, demands3, 1 osses , or liabilities of
14 any kind or nature which COUNTY, its officers, agents, and employees -may sustain or
incur or which may be imposed upon them or a•ny of them for injury to or death of
15 persons , or damage to property as a resul t of, or ari sing out of , the sole
negligence of LESSOR, its officers ; agents, employees, subtenants, invitees, or
16 licensees, in connection with the maintenance or use of the Premises.
17 17. DEFAULTS AND REMEDIES (AF12.1 S)
18 In the event of any breach of this Lease by COUNTY, LESSOR shall notify COUNTY in
writing of such breach, and COUNTY shall have 30 days in which to initiate action
19 to cure -said breach.
20 18. STATE AUDIT (AF14.1 S)
21 Pursuant to and in accordance with Section 10532 of the California Government Code,
in the event that this Lease involves expenditures and/or potential expenditures of
22 State funds aggregating in excess of ten thousand dollars ($10,000)9 LESSOR shall
be subject to the examination and audit of the Auditor General of the State of
23 California for a period of -three years after .final payment by COUNTY to LESSOR
under this Lease. -The examination and audit shall be confined to those matters
24 connected with the performance of the contract, including, but not limited to, the
costs of administering the contract.
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1 19. NOTICES
(AF20.1 S)
Al] written notices
as either pursuant to this Lease shall be addressed
3 delivered party may hereafter designate b sed as set forth
or sent through the e written notice and shall be below or
9 United States mail, personally
4 TO: LEER
5 Cit TO: COUNTY
Y of Tustin
6 Office of the Cit County of Orange
300 Centennial Way Manager 9
Tustin GSA/Real Estate Division
7 , CA 9268 0 Leasing Section
P.O. Box 4106
8 and Santa Ana, California
92702
9 County of Orange
Fire Department
10 180 South Water Street
Orange,
11 CA 92666 .
20. ATTACHMENTS ATTP�: Manager, Administration (AF21.1 S) � Bur eau
"' This Lease includes the fol l owi n
3 g, which are attached hereto and made
A. GENERAL CONDITIONS a part hereof:
4
B• EXHIBITS
I. Description - Premises
II. Plot Plan - Premises
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GENERAL CONDITIONS (AGI -11 S)
LEASE ORGANIZATION (AG1 S)
The various headings in this Lease, the numbers thereof, and the organization of
the Lease into separate sections and paragraphs are for purposes of convenience
only and shall not be considered otherwise.
2. INSPECTION (AG2 S)
LESSOR or his authorized representative shall have the right at all reasonable
times to inspect the Premises to determine if the provisions of this Lease are
being complied with.
3. SUCCESSORS IN INTEREST (AG3 S)
Unless other4ise 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.
4. CIRCUMSTANCES WHICH EXCUSE -PERFORMANCE (AG4 S)
If either party hereto shall be delayed or prevented from the performance of any
act required hereunder by reason of acts ' of God, restrictive governmental laws or
regulations, or other cause without fault and beyond the control of the party
obligate -d (financial inability excepted), performance of such act shall be excused
for the period of the delay; and the period for the performance of any such act
shall be extended for a period :equivalent to the period of such delay. However,
nothing in this section shall excuse either party from the prompt payment of any
rental or other charge required of them except as may be expressly provided
elsewhere in this Lease.
5. DESTRUCTION OF OR DA14AGE TO PREMISES (AG5 S)
In the. event. of:
A. Partial destruction of or damage to Premises; or
B. The Premises being declared unsafe or unfit for occupancy by any public
authority authorized to make such declaration, for all reasons other than
COUNTY's act, use, or occupation, except as otherwise provided herein;
LESSOR shall immediately make repairs as are necessary to restore the Premises to
the condition which existed prior to destruction or damage and/or make repairs as
are necessary to make the 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; COUNTY shall, however, be entitled to a reduction of rent during any period
its use and occupancy of the Premises is adversely affected by reason of
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IN WITNESS WHEREOF, the parties have executed this agreement the day and year first
above written.
APPROVED AS TO FORM:
County Counsel
By
RECOMMENDED FOR APPROVAL:
:�
General Services Agency
Facilities and Real Property
Real Estate Division
By
Lja6
Rea iL
Property Agent
SIGNED AND CERTIFIED THAT.A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD.
LINDA D. RUTH
Clerk of the Board of Supervisors
of Orange County, California
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LESSOR
CITY OF TUSTIN
William -Huston - City Manager
Va erTe Whiteman - C ief Deputy!City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY
By r
Jam o
COUNTY
COUNTY OF ORANGE
By
Chairman, Board of Supervisors
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LEASE DESCRIPTION
Project No.: GA 861-5 Written By: DSB
Project Name: Orange County Fire Station #37 Checked By:
PARCEL GA 861-5
All the Premises shown on a plot plan marked "Exhibit I I ," attached hereto and made
a part hereof, being that certain Fire Station Building and site at 14901 Red Hill
Avenue, in the City of Tustin, County of Orange, State of California and located on
a portion of Lot 63, Block 11 of the Irvine Subdivision, per map recorded in Book
1. Page 88 of Miscellaneous Maps in the office of the County Recorder of said
County.
NOT TO BE RECORDED
t:
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destruction, damage, declaration, and/or subsequent repair required thereby. Such
reduction shall be proportionate to the interference with COUNTY's ordinary use of
the Premises. If LESSOR refuses to make such repairs or if such repairs are not
completed by LESSOR within 60 days, COUNTY may, at its option, terminate the Lease
or make such repairs and deduct COUNTY's direct and entire cost thereof from rent
owing LESSOR.
6. AMENDMENT (AG6 S)
This Lease sets forth the entire agreement between LESSOR and COUNTY and any
modification must be in the form of a written amendment.
7. PARTIAL INVALIDITY (AG7 S)
If any term, covenant, condition, or provision of this Lease is held by a court of
competent jurisdiction to be invalid, void, or unenforceable, the remainder of the
provisions hereof shall remain in full force and effect and shall in no way be
affected, impaired, or inval idated thereby.
8. WAIVER OF RIGHTS (AG8 S)
The failure of LESSOR or COUNTY to ;insist upon strict performance of any of the
terms, conditions, and covenants in this Lease shall not be deemed a waiver of any
right or remedy that LESSOR or COUNTY may have, and shall not be deemed a waiver of
any right or remedy for a subsequent breach or default of the terms, conditions,
and covenants herein contained.
9. TIME (AG10 S)
Time is of the essence of this Lease.
10. DEFINITION OF COUNTY (AG11 S) .
The term "COUNTY" shall mean the Board of Supervisors of the political body that
executed this agreement or its authorized representative.
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