HomeMy WebLinkAbout24 FIRE SVCS AGREE 07-03-95AGE NDA
,~ ^ NO. 24
Inter-Corn
DATE'
JUNE 28, 1995
TO:
FROM:
SUBJECT:
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
WILLIAM A. HUSTON, CITY MANAGER
FIRE SERVICES AGREEMENT
RECOMMENDATION'.
That the City Council approve an agreement with the Orange County
Fire Authority for fire suppression, prevention and paramedic
services. It is further recommended that Section 2(a) of the.
agreement be subject to a clarification set forth in a letter dated
June 21, 1995 from the Director of Fire Services in response to a
letter dated June 7, 1995 from the Tustin City Manager. The
agreement continues until terminated by either party.
FISCAL IMPACT:
The current 1995-96 fire services contract cost is $3,312,673.
Pursuant to the terms of the agreement (and as clarified per the
above) the contract could increase by $120,000. The draft 1995-96
General Fund budget includes funds to cover the cost of the
contract and any potential increase.
DISCUSSION:
Prior to formation of the Fire Authority in March 1995, the City
had contracted with the County of Orange. The agreement with the
Fire Authority provides the same level of service that had been
provided through the County and under essentially the same terms
and conditions. The only substantive difference is a provision of
the joint powers agreement creating the Fire Authority which
provides a cap on the cost of contract fire services for a period
of three years (see June 7, 1995 letter from Tustin City Manager to
Director of Fire Services).
Based on the terms of the joint powers agreement, there is a
possibility the City's cost for fire services could increase
$120,000 in fiscal year 1995-96 from the initial cost of
$3,312,673. There are sufficient General Fun~ reserves to cover
the increase if it becomes necessary. It is the intent of the Fire
Authority to, within the next three years, develop a 'new cost
allocation formula and basis for pricing contract fire services.
firagrmt.~
ORANGE COUNTY FIRE AUTHORITY
180 South Water St. · Orange, CA 92666-0086 · (714) 744-0400
Larry J. Holms, Director of Fire Services
May 8, 1995
William A. Huston, City Manager
CIO/' ot Tustin
000 Centennial Way .
Tustin, California 92680
'Dear Bill:
SUBJECT: Notice of Final Cash Contract Charge, FY 1995/96
·
Due' to the uncertainty of budget and financial status upon formation of the Fire
Authority, on March 1, 1995 we notified your city that the estimated change in
contract charges for FY 1995/96 was zero. As required by our contract, this Notice of
Final Cash Contract Charge is provided to you.
On April 13, 1995, the Executive Committee of the Orange' County Fire Authority
directed that no increase be made in cash contract charges during the first six
months of the fiscal year beginning July 1, i995, Pending Board of Directors review
of budget and cost calculation methodology. Upon completion of this review, any
adjustments to cash charges, if necessary, are to be applied retroactively to July 1,
1995. Although you will be billed at the same contract rates as last year for the first-
si,~ months of next fiscal year, the potential exists that there may be changes as the
result of the study of contract' charges. It may be prudent to consider this potential.
for changes in the charge in planning next year' s budget.
You may contact Joan Steiner, Administration Division Manager, at 289-7426 should
you have any questions regarding this notification.
Respectfully,
Director of Fire Services
.. LJH/nlp
Serving, the Unincorporated Areas of Orange County and the Cities of: Buena Park - Cypress - Dana Point · Irvine · La una Hill · Laguna Niguel - Lake
Forest La Palma Los AJamitos M~ss~on V,elo Piacentsa San Clemente San Juan Ca ~stran ! g
· ' * ' ' ' ' * ' ' * p' o-Sea Beach*Stanlon.Tustin Villa ParkoYorbaUnda
RESIDENTIAL SPRINKLERS AND SMOKE DETECTORS SAVE LIVES
I I I
I I · I
.June 7, 1995
,
-'.-'.. Larry J. Holms
':' Director of Fire Services
· Orange County Fire Authority
180 S. Water Street
Orange, California 92666-0086
City of Tustin
300 Centennial Way
Tustin, CA 92680
(714) 573-3010
'FAX (714) 832-0825
Dear Larry:
I am responding to your May 8, 1995' letter regarding the contract
charges for fiscal year 1995'96. You indicated the contract
charges might increase depending on the outcome'of the Authority's
review of the cost calculation methodology.
Article IV, section 3(b) of the Join{ Powers Agreement creating the
Authority provides that "For the first three (3) fiscal years of
the Authority's existence, the Authority shall limit any increase
in annual costs for its service to'cash contract cities to no more
than the annual percentage charge in the cost of fire system
operations consistent with the cost calculation methodology in
place on the effective date..." Section 4 provides that the "cost
of service shall not be adjusted by reason of equity for any member
agency for a period of three (3) fiscal years from the effective
date of Authority formation".
If, by your letter, you mean that Tustin's contract charges are
Subject to the practice immediately prior to formation of the
Authority, then I see no problem. However, your letter seems to
imply that some new method might be developed for contract charges.
That would be inconsistent with Article IV of the Joint Powers
Agreement.
Please let me know if what you and the Board of Directors intend is
other than what is provided for in the Agreement.
Sincerely,
William A. Huston
City 'Manager
cc' Councilmember Thomas Saltarelli
Ron Nault
ORANGE COUNTY FIRE AUTHORITY
.180 South Water St. · Orange, CA 92666-0086 · (714) 744-0400
Larry J. Holms, Director of Fire Services
June 21, 1995
William A. Huston, City Manager
City of Tustin
300 Centennial Way
Tustin, CA 92680
Dear Bill:
SUBJECT: 1995/96 Cash Contract Charges
In response to your June 7, 1995 letter, we concur with your interpretation of Article
IV, Section 3(b) of the JPA Agreement. When we worked with County Counsel in
drafting this particular language, our specific 'intent was to keep cash contract
charges subject to the same calculation methodology in place immediately prior to
formation.
The purpose of my May 8, 1995 letter was to notify you of the Executive Committee's
decision to suspend cash increases for six months and of the potential for retroactive
cost increases. We did not intend to suggest that the costs were to be calculated any
differently than our current practice. I apologize for any misunderstanding that may
have been created.
R?S ,pect~lly,
~ar~ J. Holms
Director of Fire Services
LJH:et
Serving the Unincorporated Areas of Orange County and the Cities of: Buena Park * C'yp~ess · Dana Point · Irvine * Laguna Hills · Loguna Niguel * Lake Forest
La Polma · Los Alamitos · Mission Viejo * Plocentio · San Ciemente * San Juan Copistrono * Seal Beach * Stonton · Tustin · Villa Park · Yorba Linda
RESIDENTIAL SPRINKLERS AND SMOKE DETECTORS SAVE LIVES
FIRE SERVICES AGREEMENT
(CASH CONTRACT)
THIS AGREEMENT is entered into this 1st day of July, 1995, by and between
the ORANGE COUNTY FIRE AUTHORITY, political subdivision of the State of
California (hereinafter called the "Authority") and the CITY OF TUSTIN, a
municipal corporation and a General Law City in the COUNTY OF ORANGE,
(hereinafter referred to as "City. ")
RECITALS
A. City and County of Orange were parties to an agreement for the Orange
County Fire Department to provide fire protection and related Services.
B. The Authority is the successor entity to the County of Orange Fire
Department and Authority continues to provide fire suppression, protection and
related services to City.
C. The Authority is a joint powers agency composed of City, all other
cities served by Authority 'and the County of Orange.
D. The Joint Powers Agreement for formation of the Orange County Fire
Authority assigns the City's agreement with the County to the Authority.
NOW, THEREFORE, in consideration of the mutual promises contained
herein, the parties agree as follows:
1. Service Provided.
(a) Authority shall provide to City fire suppression, fire prevention,
fire investigation, emergency medical, rescue and related services; hazardous
materials disclosure, and hazardous materials response (collectively "fire services").
Services provided exclude weed abatement services.
(b) The level of service provided shall be the same as the level of
similar services provided by Authority elsewhere within its boundaries. Any
changes to such levels and method of service shall be discussed with the City
Manager and determined by the Director of Fire Services, who shall have direct
control and supervision over the services provided pursuant to this Agreement,
and who hereby is designated as the City Fire Chief.
(c) In the provision of fire services, Authority hereby is authorized
to and may enforce applicable City codes and ordinances, collect any fees determined
by City (as well as by Authority), and file any claims or actions on behalf of City to
recover amounts owing for emergency response or hazardous materials clean-up..
2. . Payment.
(a) In consideration of the services provided under this Agreement,
City shall pay to Authority an amount determined as follows: for fiscal.year 1995-96
through December 31, 1995, on or before that date, the Director of Fire Services shall
notify City in writing of the amount owing after review of the cost allocation
formula by Authority Board, including the amount of any increase, which shall.be
retroactive to July 1, 1995.
(b) Thereafter, on or before March 1 of each subsequent fiscal year,
commencing March 1, 1996, the Director of Fire Services shall notify City, in writing,
of the estimated costs of providing said services to City during the following fiscal
year. On or before May 1 of each subsequent fiscal year' covered by this Agreement,
the Director of Fire Services shall notify City, in writing, of the final charges for
providing fire services to City during the following fiscal year.
3. Incident Management. City shall Provide any and all support necessary
to ensure overall effective scene management on hazardous or toxic material spill
incidents including, but not limited to, the following:
· Coordination of crowd and traffic control
· Police liaison to Authority incident commander
Coordination of City Public Works personnel responses
Coordination of responses by professional toxic materials recovery
firms under contract to city
The' provision of on-scene technical advice through the services of the
City Hazardous Materials Program Advisor
Evacuate the area recommended by Authority,
4. Indemnification.
(a) Authority shall defend, indemnify and hold harmless the City
and its officers, employees, agents and representatives with-respect to any' loss,
damage, injury, claim, demand, litigation or liability and all expenses and costs
relating thereto (including attorneys fees) arising out of or in any way related to its
performance of services pursuant to this Agreement.
(b) City shall defend, indemnify and hold harmless the Authority
and its officers, employees; agents and representatives with respect to any loss,
damage, injury, claim, demand, litigation or liability and all expenses and costs
relat, ing thereto (including attorneys fees) arising out of or in any way related to
City s performance of services pursuant to this Agreement.
(c) These indemnifications shall survive termination of this
Agreement.
5. Independent Contractor. City shall not be liable for the direct payment
of any wages or other compensation to any officer, employee, or agency of Authority
performing any services under this Agreement. City shall not be liable to any
officer, employee, or agent of County for any sickness or injury incurred by such
person in the.course of performing serVices under this Agreement. Authority shall
be solely resPonsible for all personnel actions relating to Authority employees
utilized in the performance of this Agreement. The employees of the Authority
shall not be deemed employees as a result of this Agreement, except as necessary
under Penal Code Section §1463 et seq. for cities to obtain their statutory share of fire
revenues.
6. Term. This Agreement shall continue until terminated. Either party
may terminate this agreement without cause by giving notice to the other on or
before June 30 of any year of termination which will be effective one year later.
7. Lease of Stations. City-owned stations located at 11490 Pioneer Road
and 14901 Red Hill. Avenue, Tustin, shall be leased to Authority pursuant to the
leases attached and incorporated as Exhibits A and B. The term of all such leases
shall be the same as the term of this Agreement.
8. Miscellaneous
(a) This Agreement supersedes any prior agreement for the fire
protection services between City and County.
(b) This Agreement shall be interpreted in a manner complementa-
ry to the Joint Powers Agreement for Formation of the Orange County Fire Authori-
ty. In the event of conflicts the JPA Agreement shall govern.
parties.
thereof.
(c)
(d)
This Agreement may be amended only in writing by both
No waiver of any 'term or condition shall be a continuing waiver
IN WITNESS .WHEREOF, the parties hereto have executed this Agreement
on the day and year first above written.
ORANGE COUNTY FIRE AUTHORITY
DATED-
ATTEST:
By:
AUTHORITY CLERK:
DATED'
CITY OF TUSTIN
Mayor
ATTEST:
City Clerk, Tustin, CA
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EXHIBIT A
GA 880-2 ---
OCFD/Tustin Fire Station #43
LEASE
THIS LEASE is made , 1994, by and between the CITY OF
TUSTIN, a general law city and municipal corporation in the State of California
("TUSTIN"), and the COUNTY OF ORANGE, a general law county of the S'tate of California
("COUNTY").
RECITALS
A. COUNTY provides fire protection and medical aid services within the incorporated
boundaries of TUSTIN in accordance with a Fire Services Agreement dated
January 27, 1987 and amended April 21, 1992 and June 8, 1993 ("Fire Services
Agreement").
B. Residential and commercial development in the East Tustin Specific Plan Area
("East Tustin") and adjacent County unincorporated area have created a need for
additional fire protection and medica~ aid to serve East Tustin. The developer of East
Tustin entered into a Development Agreement with TUSTIN, executed December 3, 1956, by
which Developer agreed to provide to TUSTIN certain public improvements and
dedications, including dedication to TUSTiN of a fire station site, a fire station
facility ("Fire Station Facility") on that site, and a Fire Engine Type [, as partial
consideration for TUSTIN's agreements as set forth in the said Development Agreement.
C. COUNTY and TUSTIN entered into a Memorandum of Understanding on March 20. !990,
which sets forth the oroposed terms of the obligations of each party regarding the
construction, equipping and operation of a Fire Station Facility co serve ~n_ :a~ .
Tustin area, and provides that COUNTY and TUSTIN shall enter into a lease agreement for
COUNTY's use of the Fire Station Facility for the purpose of proviOing fire ~ro[ection
services to East Tustin.
NOW, THEREFORE, TUSTIN and'COUNTY hereby agree as follows'
1. FIRE STATI.ON FACItITY (1.2 N)
TUST~N leases to COUNTY 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" attached hereto and by
reference made a part hereof.
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lli 2. TERM (2.2 N)
.!
211 The term of this Lease shall commence on the first day following execution and shall
; run concurrently with the term of the Fire Services Agreement between TUSTIN and COUNTY
2.i? and any revisions,'extensions or replacements, and shall expire June 30, 1999. If'the
4 i~ Fire terminate Services in its Agreement entirety, is terminated for any reason, this Lease shall also immediately
a.,: 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
$~i provided in each extension to the Fire Services Agreement
? ! In the event TUSTIN and COUNTY agree in writing, prior to the expiration date of the
~ Fire Services Agreement, that the intent is to extend the Fire Services Agreement, then
$ i. this Lease .shal-1 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
9.I COUNTY. give written notice that "the Fire Services Agreement will not be extended and
! ~s requesting'that the Lease be terminated", then the Lease, thereafter,'would
10~I terminate on the day the COUNTY vacates' the Premises, but not later th'an 90 days from
the date of said written notice is received by either TUSTIN or the COUNTY.
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3. OPTION TO TERMINATE LEASE (N)
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COUNTY and TUSTIN shall each have the option to terminate this Lease at any time up~'
$ I giving the other party written notice at. least three hundred sixty-five (365) days
:, prior to either termination date, or, if the Fire Services Agreement is terminated for
!4., any reason, this Lease shall also immediately terminate concurrently, in its entirety.
15 :! 4. CONSIDERATION/RENT (N) --
i
i8,~ in consideration of the fire protection and medical aid services to be provided by
~ COUNTY to TUSTIN, as set forth in said Fire Services Agreement, COUNTY shall not be
1'7. obligated to pay rent to TUSTIN for use of the Fire Station Facility.
18 ~ 5. ALTERATIONS (4.4 S)
!9 COUNTY may make improvements and-changes upon and within the Fire Station Facility,
· ~ including but not limited to the installation of fixtures partitions, counters,
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. shelving, and equipment as deemed necessary. It i.s aqreed that any such fixtures,
artitions, counters, shelving or equipment attached ~o or placed upon the Fire Stztion
21:i'-~acility by COUNTY shall be considered as personal property of COUNTY which shall have
· .; the right to remove same provided however, that COUNTY must leave the Fire Station
--'i Facility in as good condition as when received, reasonable wear and tear excepted.
~l6. REPAIR, MAINTENANCE, AND JANITORIAL SERVICES (5.1 N)
- COUNTY shall provide, at its sole cost and expense, for all janitorial supplies and
services to the Fire Station Facility.
!6I ~n addition, COUNTY shall also provide, at its sole cost and expense, repainting of
~t interior and exterior surfaces (as needed); the servicing, maintenance and repair of.
~?iI plumbing, electrical, mechanical and HVAC systems; fire sprinkler system, and apparatus
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doors; and repair of all damage caused by COUNTY.. However, TUSTIN shall be responsible
'for repairing damage due to acts of God, construction or structural defects, latent or
otherwise, within the Fi're Station Facility.
COUNTY shall also provide, at-its sole cost and expense, for the 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.
COUNTY shall not be responsible for any maintenance, repairs, or replacements covered
by the warranty of either the construction contractor or The Irvine Company.
Repairs and/or replacements within the Fire Station Facility deemed to be the
responsibility of TUSTIN, shall be completed by TUSTIN within 60 days.notice by COUNTY.
COUNTY shall have the option of completing such repairs 'if such repairs are not
completed by TUSTiN within 60 days notice by COUNTY. TUSTIN agrees that the COUNTY's
cost of such repairs, including labor, materials, and overhead, may. be included by
COUNTY in the following year's Fire ServiceS Agreement.
7. UTILITIES (5.2 N)
COUNTY shall be responsible for and pay, prior to the delinquency date, all charges for
utilities supplied to the Fire Station Facility, including trash disposal service.
8. FIRE iNSURANCE (5.3 N)
TUSTIN shall procure, pay all premiums upon, and maintain for the benefit of COUNTY and
TUSTIN, throughout the term of this Lease, fire insurance with extended coverage on the
Fire Station Facility [o the full insurable value of all improvements thereon.
Included in the policy or policies of fire insurance shall be a standard waiver of
ii right of subrogation against COUNTY by the insurance company issuing said policy or
17 policies. TUSTiN snail provide COUNTY evidence of comPliance with these reouirements.
18 At TUSTIN's option, TUST!N may self-insure the coverage required by this section.
19 9. PUBLIC LIABILITY ~.NSURANCE (AE6.t S) ,-.
20ii COUNTY 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 aOout the Fire Station Facility. Said
insurance shall have limits of not.less..thar~ SI,O00,O00 and SI,O00,O00 for injuries to
person or persons, and not less than Sl,O00,O00'for property damage. At COUNTY'S
option, COUNTY may self-insure the coverages required by this paragraph.
10. INDEMNIFICATION (N)
COUNTY shall indemnify and save harmless TUSTIN, its officers, agents, and employees,
from and against any and ali claims, demands, losses, or liabilities of any kind or
nature which TUST!N, its officers, agents, and employees may sustain or incur or which
may be alleged against them and/or attempted to 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 intentional acts or negligence of [OUNTY, its officers, agents, employees,
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subtenants, inyjtees, or licensees, or arising in connection with the occupancy and use
of the Fire Station Facility by COUNTY.
TUSTIN shall 'indemnify and sav~ harmless COUNTY, its officers, agents, and employees,
from and against amy and all-claims, demands, losses, or liabilities of any kind or
nature which COUNTY, its officers, agents, and employees may sustain or incur or which
may be alleged against them and/or attempted to 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 intentional acts or negligence of TUSTIN, its officers, agents, employees,
subtenants, invitees, or licensees, or arising in connection with regard to this Lease.
11. TAXES AND ASSESSMENTS (5.6 N)
All taxes and assessments which become due and payable upon the Fire Station Facility
shall be the full responsibility of TUSTIN, and TUSTIN shall cause said taxes and
assessments to be paid prior to the due date.
I2. BUILDING AND SAFETY REQUIREMENTS (5.7 N)
COUNTY agrees to maintain the Fire Station Facility~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 prov~isions of such Act exceed, or
supersede, the California Act, as the provisions of such Act are applicable on th~ e
of this Lease.
The cost of repairs required to assure structural integrity and that the facility
remains in compliance with building codes, will be the sole responsibility of TUSTiN.
13. CONCESSIONS (5.8 S)
COUNTY may, at COUNTY's option, contract with and receive fees from outside vendors
that provide service to the Fire Station Facility, as shown on the attached Exhibit
·
14. TOXIC MATERIALS (5.9 N)
COUNTY hereby warrants and represents that COUNTY in its operation of the Fire Station
Facility, will comply with all laws and regulations relating to the storage, use
disposal of hydrocarbon substances and hazardous, toxic or radioactive matter,
including those materials identified in Title 22, California Administrative-Code
Section 66680 through 66685, as amended (collectively "Toxic Materials"). Except as
provided in clause 15 (UNDERGROUND FUEL TANKS), the COUNTY.shall be-responsible-for and
shall indemnify and hold TUSTIN, its officers, directors, employees, agents, and
representatives, harmless from and against all claims, costs and liabilities, inciudinc
attorneys' fees and costs arising out of or in connection with the storage, use, and
disPOsal of Toxic Materials on the Fire Station Facility by [OUNTY.. If the storage,
use, and disposal of Toxic Materials on the Fire Station Facility is caused by EOUNTY
and results in contamination or deterioration of water or soil resulting in
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1!Ia level of contamination greater than maximum all'owable levels established by any
governmental agency having jurisdiction over such contamination, COUNTY shall promptly
21/take any'and all action necessary to clean up such contamination.
2ilCOUNTY shall, at COUNTY's sole expense, furnish TUSTIN with a hazardous materials
.:ireport at the end of the lease 1erin.
. 15. UNDERGROUNO FUEL TANKS (8.2 N)
!iTUSTIN shall be resp°nsible f°r repairing and maintaining underground fuel tank system
G installed as part of the Fire Station Facility. COUNTY 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, the COUNTY
.Ishall provide TUSTIN with results of monitoring, or when there are any breaks or system
8 failures identified as a result of said monitoring. TUSTIN shall be responsible for
]t all mitigation of contamination caused by any fuel leakage from said underground tanks
9:~loccurring during the term of this lease and any extension and for any andall
iicontamination which starts during the term of any extensions and continues.-after the
1Oilerd of the term or extensions thereof.
11iiCOUNTY shall be responsible for all mitigation of
contamination
due
from
any
COUNTY
caused fuel spills occurring during the term of this lease and any extension and for
~,2 ii, any and all contamination which starts during the term of any extensions and continues
i after the end of the term or extensions thereof.
'! i6. 'SURRENDER AT EXPIRATION (6.7 N)
iUpon termination of [his Lease, whether caused by lapse of time
i5: shall, at once, surrender possession of the Fire Station Facility or and otherwise, deliver it to
COUNTY
i TUSTIN.
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17. DEFAULTS AND REMEDIES (6.9 N)
In the =_v.nto of any breach of this Lease by COUNTY, TUSTIN shall notify COUNTY in
!$ ~'writing of such breach, and COUNTY shall have thirty (30) days in which to initiate
~ action to cure said breach and COUNTY shall proceed to complete the cure or such breach
-~ ,with due diligence.
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20.'.in.the event of any breach of this-Lease by TUSTIN, COUNTY shall notify TUSTIN
!1:t writing of such breach, and TUSTIN shall have thirty (30') days in which to initiate
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i! acti.on"to cure said breach and TUSTIN shall proceed to complete the cure of such breach
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:t 18.. FIRE DISTRICT (N)
24 il in t:he event a fire district, Joint Powers Authority or any other ooverning body is
!1 created with fire protection responsibilities and jurisdiction ove[- the East Tustin
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95 area of the City of Tustin so that COUNTY will itself no longer have jurisdiction to
provide the services contemplated by this Lease, all of the rights and privileges'of
:6 COUNTY prescribed in this Lease shall be transferred by COUNTY to such district and
deemed assumed by such district upon the district assuming all of the obliga.tions of
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~OUNTY to the satisfaction of TUSTIN and upon TUSTIN giving its written approval of
such assignment and assumption.
31J 19. NOTICES (9.! $)
~J
ij All written notices pursuant to this Lease shall be addressed as set forth below
or
as
Lrpon personal delivery, delivery by facsimile machine, or 72 hours after deposit in the
· 5..,j United States btail.
$ ij TO' TUST[N TO' COUNTY
.-'1
? !J William HusLon, City Hanager Count]/ of Orange
ii City of Tust. in GSA/Real Estate
8 ~.j P.O. Box 3539 Leasing Section
:l,, Tustin, CA 92681-3539 14 Civic Center Plaza, 3rd Floor
9~l P.O. Box 4106
ii: Santa Ana CA '92702-4106
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ii and
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!J Christine Shingleton Orange County Fire Department
12 iJ Director of Community Development 180 South Water Street
City of Tustin Orange, CA 92666
'3 iJ P.O. Box 3539
TusLin, CA 92681-3539
I Copy to'
15 :,1 James G Rourke City Attorney
it Rourke, Woodruff & Spradlin
~, 701 S. Parker Street Ste. 7000
~ Orange, CA 92668
il 20. ATTACHMENTS (9.2 N)
18
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:! This Lease includes the following, which are attached hereto and made a part:-.hereof'
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GENERAL CONDITIONS
II. EXHIBITS
III
· o.
_,
EXHIBIT A - Legal Description of the'Re~l Property - Fire Station Facility
EXHIBIT B - Plo[ Plan - Fire Station Facility
EXHIBIT C - Inventory of Furnishings and Equipment
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IN WITNESS WHEREOF, the parties have executed this agreement the day and year first
above written.
TUSTIN
City of Tustin
William Huston, City Manager
alerie Whiteman, Chief Deputy City Clerk
APPROVED AS TO FORM-
County Counsel
RECOHMENDED FOR APPROVAL'
Orange County Fire Department
C'/.:
General Services Agency
Real Estate
J Real Properl:y A~~
APPROVED AS TO FORM' '
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED TO
THE CHAI~IAN OF THE BOARD.
COUNTY
COUNTY OF ORANGE
PHYLLIS A. HENDERSON
Clerk of the Board of Supervisors
oF Orange County, California
By
Chairman, Board oF Supervisors
JB :kin: trn~
817'Z-7
6-2-9~.
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1 GENERAL CONDITIONS (S)
2
1. LEASE ORGANIZATION (10.1 S)
3
il The various headings in this Lease, the numbers thereof, and the organization of the
4 Lease into separate sections and paragraphs are for purposes of convenience only and
shall not be considered otherwise.
6i[ 2. INSPECTION (10.2 N)
· TUS'TIN or his authorized representative shall have the right at all reasonable times to
?ii inspect the Fire Station Facility to determine if the provisions of this Lease are
being complied with.
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3. SUCCESSORS IN iNTEREST (10.3 S)
9
Unless otherwise provided in this Lease, the terms, covenants, and conditions contained
10 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
11 hereunder.
4. DESTRUCTION OF OR DAMAGE TO THE FIRE STATION FACILITY (10.4 N)
i3.i In the event of partial or complete destruction of the Fire Station Facility due t~
ii COUNTY"s negligence, COUNTY shall immediately make repairs as are necessary to restore
14ii the Fire Station Facility to the condition which existed prior to destruction or damage
:~ and/or make repairs as are necessary to make the Fire Station Facility safe and fit for
i5 ;J occupancy. The destruction (including any destruction necessary in order to make
! ropairs required by any declaration), damage or declaration shall in no way render this
Z6ii Lease null and void.
:!
:?:i If COUNTY refuses to make such repairs or if such repairs are not completed by COUNTY :! within a reasonable time and schedule to be agreed upon by the parties in the
i8~i reasonable exercise of their discretion, TUSTIN may, at its option, terminate the Lease
,~ or make such repairs and COUNTY shall pay TUSTIN the documented cost thereof.including
id:i labor, materials, and overhead within 90 days of completion of repairs and written .i notice from TUSTIN.
i] in-the ev. ent of partial or complete destruction of the Fire Station Facility due t-o all
21 causes.'ot_h, er than COUNTY's negligence, .TUSTIN shall immediately make repairs as are
- --; necessary, to. restore the Fire Station Facility to' the condition which existed prior to
29.1 destruction or damage and/or make repairs as are necessary to make the Fire Station
!, Facility safe and fit for occupancy. The destruction (including any destruction
0-3il necessary- in order to make repairs required by any declaration), damage or declaration
shall -in no way render this Lease null and void.
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If TUSTIN does not make such repairs or if such repairs are not completed by TUSTIN
within a reasonable time and schedule to be agreed upon by the parties in the
reasonable exercise of their discretion, COUNTY may, at its option, terminate the
Lease, or, the COUNTY's cost of such repairs, including labor, materials, and overt
may be included by COUNTY in the following year's Fire Services Agreement.
JB' ln~a 'kin
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i S. AMENDMENT (10.5 S)
2 This Lease sets forth the entire agreement between TUSTIN and COUNTY and any
modification must be in the form of a written amendment.
3
· :1
41J 6. PARTIAL INVALIDITY (10.6 S)
!1
_ !J I'f any term, covenant, condition, or provision of this Lease is held by a court of
o ij competent jurisdiction to be invalid void, or unenforceable, the remainder of the
· . provisions hereof shall remain in fuil force and effect and shall in no way be
6 affected, impaired, or invalidated thereby.
? 7. CIRCUMSTANCES WHICH EXCUSE PERFORMANCE (10.7 S)
8 If either, party hereto shall be delayed or prevented from the performance of any act
required hereunder by reason of acts of God, performance of such act shall be excused
9 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. Financial inability
10 shall not be considered a circumstance excusing performance under this Lease.
I
~-i! Pursuant to and in accordance with Section 10532 of the California'Government Code, in
.I
~ the event that this Lease involves expenditures and/or potential expenditures of State
$ ii funds aggregating in excess of ten thousand dollars (SIO,O00), TUSTIN shall be subject
~'I to the examination and audit of the Auditor General of the State of California for a
il period of three years after final payment by COUNTY to TUSTIN under this Lease. The
examination and audit shall be confined so ~hose matters connected with.the performance
15 of the contract, including, but not limited to, the costs of administering the
contract.
!?ii 9. WAIVER OF RIGHTS (10.9 N)
iiThe failure of TUSTIN or'COUNTY So insis[ upon strict performance of any of the terms,
18
ii conditions and covenants in this Lease sha~! not be d~emed a waiver of any right or
remedy-tha~ TUSTIN or COUNTY may have, and shall not be deemed a waiver of ~h~ right or
19~
j ~ -
remedy for a subsequent breach or default of ~he terms, conditions, and covenants
20i~ herein contained.
211j 10.-HOLDING OVER (10.10 S)
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In the event COUNTY shall continue in possession of the Fire Station Facility after the
term of this Lease, such possession shall not be-considered a renewB1 of this Lease but
a tenancy from month-to-month and shall be governed by the conditions and covenants
contained in this Lease.
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11. EARTHQUAKE SAFETY.(IO.12 N)
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.
12. DEFINITION OF COUNTY (10.13 S)
The term "COUNTY" s-hall mean the Board of Supervisors of the political body that
executed this agreement or its authorized representative.
13. QUIET ENJOYMENT (10.14 N)
TUSTIN agrees that, subject to the-terms, covenants and conditions of this Lease,
COUNTY may, upon observin9 and complying with all terms, covenants and conditions of
this Lease, peaceably and quietly occupy the Fire Station Facility.
14. TIME (10.16 S)
Time is of the essence of this Lease.
817~-3
6-2-9~,
Page 3 of
::PROJECT' OCFD/Tustin Fire Station #43 WRITTEN BY JWB
flail the premises shown crosshatched.on a plot plan marked Exhibit 13, attached hereto
and made a part hereof, being that certain two (2) story building located at 11490
10
11
Pioneer Road, in the City of Tustin, County of Orange, State of California, and located
on Lot 21 of Tract No. 13627 per map recorded in Book 644, pages 1 through 20 o.f
Miscellaneous Maps in the office of.the County Recorder of the County of Orange and as
shown on Exhibit B.
NOT TO BE RECORDED
_25
JB: km
818S-).
5-4-94
EXHIBIT A
.
- :.n addition ~o said parking spaces, LESSOR shall also provide parking for
ii handicapped persons in accordance with Title 24, Section 2-7102 of the California
2,~ 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
3 Premises is located where the provisions of such local codes and/or ordinances
'~ exceed or supersede the State requirements.
.4. TERHi~tAT'[Ott OF PR[OR AGREEMENTS (AA¢.I S)
,.'t 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,
il ~v _~.~ ~, , , , ,
'7 ._.,C~. T ~nat ail personal property and/or equipment (e.g. -'ixtures partitions
:~ counters, shelving) attached ~o and/or placed upon any portion of ~he Premises by
S'";I COUHTY oursuant to the terms of any prior agreement between the parties hereto
· shall remain the 9ersonal property of COUHTY.
.i
o !, 5 ~,..~.,,4 ,, )
:I
~ne ~rm~o 'of this Lease shall be ~ive years commencing july i, 199.1, and shall run
· iI concurrently with the term of the "AGREE~4ENT." [f said Agreeme'nt is terminated by
ZZ :~ oi~her percy for ~nv re~son this Lease shall .be terminated automatically without
I =_nv further notice or action on the-.par.~ of COUNTY or LESSOR.
5. ~rGHT TO TERH~NATE LEASE (N)
~3!
I .
, COU~IT': or LESSOR may ~erminate th~s. Lease, for any reason, uoon 30 days prior
--= !I -~ri~en nc~ice by ~he ~e.~m,~na~ng par~y.
:_5
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0£
25
.1
COU~rT'F aarees .:o Oay to L-SSOR as ren[ for the Premises the sum of Two Thousand
' Three Hundred SeVenty-Five Dollars '($2,375) oer month.
- -~ 'or ~-~ssoR's desi~neo) snail submi' =o COUNTY's
:~ ~o~.~.in ten: 3a'/m. en:s ."_=_-SOR ', __ _ -
GSA/Real -s:a:e 3~v~]sion, in a form acceptable ~o said D~vision, a.writ=en -1aim
for said rent ~ay~en.~s.
~=_ymen.~ shal~ 3e due ~_nd payable within ZO days after =he la=er of :he foilo~'ing'
i. The firs- da'..' of the month following the month earned; or
£. ?,eceip~ of LESSOR's writ:eh claim by COUNTY's GSA/Real =s.~a~e ,3ivis'ion.
COU~FTY's monthly rent payments shall be subject to automatic adjustment at the
beainnina of each ,/ear of the lease term. Said adjustment shall be proportionate
Co the chanae ~n the consumer Price ~ndex for Los Anaeles - Anaheim - Riverside
.
(Ali Uroan Consumers - .Ali l~ems) promulgated by the Bureau of Labor Statistics
the U.~. OepartmenE of Labor or any reoiacement, index thereto for the period of
'ime Oetween the commencement date of ~he lease term and the adjustment date.
9-3-91
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2
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The increase or decrease shall ~e ca!cula.zed by means of the following formula .and
shall be effective the adjus.zment date, which snail be the first day of the second
'and all subsequent ,/ears of the lease term'
Adjusted Rent
A...
C
2,375
Honthly index for :~e fourth monr_h prior to the month in which the rent
increase is to become effective.
~Ionthly index for the fourth month 9riot to the month in which the lease
term commences.
9. ALTERATIONS (A~,
- + not limited
·
COUNTY may make ~mprovements and ~anges ~n the D~omises including bu
to the installation of f. ixtures, oarr$~ons, counters, shelving, and equipment as
deemed necessary, it is agreed. ~ any such fixtures, partitions, counters,
shel vi ng ,' or equipment attached to or'placed upon the Premises by COUNTY shall be
considered as personal orooerty of COUNTY, who shall haYe the right to remove
same. COUHTY agrees that the Premises .~hail ~e ~e~t ~n ~s todd condition as when
received, reasonabl: wear an~ ~=ar exceo~ed. ~ -
A~_ N
"ID '~iTO9.~'' ~=~'~ - ~' =p
lO. REPAIR., HA~NTENANC~, .~, ~ ~.,, .~ _~.,, C~ · ., ,
.
COUNTY snail arovide, ~n ~ts own _ss :,,~ ex~en~e, =i~ :anitorial suool~es an.d
.
servic:s to the ~remises, imc'ucino the suooiying of fast'room exoendaoles and
' - '. · . - 20UHTY shall also orovi~e,
replacement or !~gn~ aulbs and =~uorescen~ tubes.
its own cos~ and exoense, -q: ~lean~no and -=oain~ing of ~n~:rior surfaces, routine
o ~ ino svs ems' rouzin~
servicing of oiumbing, elec ricai h_ac~"~ and a~~ ~ondiz on
maintenance of apparatus doers, and repair of ali damage causeO Oy COUNTY's ~isuse
of the Premises. COUNTY shall also be responsible for the w~ering and maintenance
or landscaping on t~e p emi:es.
LESSOR shall orovi~= at :ts own zgs ~c =~=ns:, all
.
~~ r:pair and maintenance items, ~nc!~g, ~u~ n°c lim~zed ~ '~keeP °f ~xz:ri°r
walls o~ the building, garking areas, amos and ~riveways, and :~iacemenc of, or
major ~=oairs to 2he roof cov~rines a~oarac'Js ~oors, and he~-~ng eno air
, ~ . ~ ~ ~ . .
conditionino syszems.
LESSOR shall also orovide, a~ its own c~st and expense,-~e_~,'/ %res ~ rom
the Premises.
if LESSOR fails to grovide sa-isfaczorv r~oair and ma~n:=nance -o the Premises,
·
, ~ ritlno and i = ~ ~S~02 does
COUNTY's GSA/Real ~ace Division may no~f'/ SSOR ~n w
not instigate measures to orovide satisfactory service and/or to remedy the
unsatisfac~orx conditions within a reasonable~ t~me after'COUNTY has dieted such
notice in the mail to LESSOR direczed ~o ~he address shown for LESSOR in "NOTICES"
:,: :' -o
clause below, or has personally del ~_r.~ such no/ice c~qOR, may . rovide
the reoair and maintenance necessary to remedy the unsacisfactors condition cr have
others do so, and deduct the cost thereof, including labor, mazeriaIs, and overhead
from the reno thereafter ga,/aole.
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DSS'linc'sa
394~w-3
9-3-91
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If LESSOR or his representative cannot be contacted by COUNTY for emergenc? regal':
and/or services the same day any emergency repairs and/or services are necessary ~o
r~medy the emergency condition, or if LESSOR following such contact by COUNTY is
unable to make the necessary repairs or provide the necessary services, COUNTY may
at its option have the necessary repairs made and/or provide services to remedy The
emergency condition, and deduct the cost thereof, including labor, material, and
overhead from the rent thereafter payable.
ll. UTILITIES (AE4.1 N)
COUNTY'shall be responsible for and pay, prior to the delinquency date, all charges
for utilities supplied to the Premises except water, which shall be the obliger, ion
of LESSOR..
12. FIRE INSURANCE (AEE.1 N)
LESSOR shall m~intain throughout the term of this Lease fire insurance with
extended coverage on the Premises to the full insurable '~alue of improvements
located on the Premises. Included in the policy or policSes of fire insurance
shall be ~a standard waiver of rioht of subrogation against COUNTY by the insurance
company issuing said policy.or policies. Upon demand of COUNTY, LESSOR shall
provide COUNTY with evidence of compliance with these requirements.. At~'-~SOR's
ootion, LESSOR may self-insure the coverage required by this section.
13. PUBL:'C L'.'AB[L[TY iNSURANCE (AE6.1 S)
COUHT¥ agrees at ;ts sol: exoense, to maintain in forco durino th° .~¢rm o-' .~hi~
~'~ase for COUNTY's sole ~enef~ comorehensive ~eneral liability insurance
insuring against, claims for ~njuries ro oersons or prooert7 occurring :n, upon,
a~our the Premises. Said insurance shall have limits of not less ~han ~100,000 and
S300,000 for injuries ~o ~erson or persons, and no~ less than SlO0,O00 f~r ~rooerry
damage. ~ COUnTY's o~r~on, CO~T'( may.selr-~nsure the coverages required
section.
ia TAXES AND ASSES~UE~ITS (~-7 i q
All taxes and assessments which become due and payable upon the Premises. s0a~l :~e
full resaonsibilit'z of LESSOR, and LESSOR shall cause said axes and
· :ssessments to be paid gromDCis.
During the full te~ or this Lease, LESSOR agrees to maintain the .~remises ~n .
comDlianc=_ with ail appli-a01~ _ building codes, statutes_, .~nd orders .~. :~e'~. ~re
applicable on the date of this Lease, and as theY may be suosequenziy amended.
LESSOR further aorees maintain the Premises as a "safe olace of empio~ent as
defined in :he California Occupational Safety and Health Act (California Labor
Code, Division 5, Parr 1, Chaoter 3, beginning with Section ~400) 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
Oa~e of this Lease, and as they mas be subsequently amended.
OSS'~mc-sa
394~w-~ ~' -~ -
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..'n the event L-ZSSOR neglects, fails, or refuses to maintain said Premises as
.aforesaid, COUNTY may, notwithstanding any other termination provisions contained
herein'
A. Terminate this Lease; or
· uU,tl f's sole ootion cure any such default by oerformance of any act,
~ A~ C~''-' . '
~nciuding oaymenc o, money, and subtract the cost thereof plus r~asonabl
administrative costs from the rent.
Conditions caused solely by COUNTY and not subject to the control of LESSOR are
excluded from these .~rovisions.
16. ;.NDEHN! FiCATM
COUNTY snell indemnify and save harmless LESSOR, its officers agents and
emoloyees,' from and against any and ali claims, demands, losses, or liabilities of
·
any kind or nature which LESSOR, its officers, agents, and employees may sustain or
incur or'whic5 may be ~mposed upon them or any of them for injury to or death cf
gersons, or damage to proper~y as a result of, or arising ou: of, the sole
- -~ - . emolo~ees, subtenants, invitees or
negligence o~ COUNT'f, ~s o~ficers, aoen:s, . '
licensees, in connection with the occupancy and use of Premises bX COUNTY.
.
Likewise, L~SSOP, shall indemnify and save harmless COUNTY, ~ts office.rs, ~oents and
amoiov~=~ from eno a~a~nsz any and ali claims, demands, losses, or liabilities o~
.
' ~SUNTY ~cs o~cers aeents and emoloye~ may sustain ar
~ncur gr which ma]z ~e ~mcose~ upon ~hem or a'ny of t~em for injury ~o or death gf
~ersons, ~r ~amaee .e ~roaer~x as a resui~ of, or :r~sino ou~ o~, ~e
.... nos invi%ees , or
negligenc~ of :ESSOR, zs g~ficers, ag~n~, emolovees suo~na
l~censees, in connec-~on wi~h ~he maintenance or use of Cae 9remises.
~7 OE~.' ~LTS A~D ~cM~OrES ~AFi2 !
~
in :n~ :yen: 3= ~nv h-~=ac~ of :n~s L:~se ~v COUNTY L SSOR shall no:~fy.~OUNT'( in
'~r~zing of such..~reacr,, ~nc COU~iT'f snail- ~6ve ]0 dsys ~ wnicR zo iniZiS~ ~C on
~0 cure safd ~reacn.
~8 qTAT--"UDiT (AFl'" '
?ursuan'~ to eno ;n accordance wizn Sec-lan 10532 of the California Government 'Zode
;n the er. ehr- zha.-_ :his :.'ease involves exoenditu'res and/or ooz:nzial exoen~i~.ures
' . . ~$10,000), ; -~qSOR shai
State funds' aggrega.:;ng in axc:_ss of .-.eh :housand dollars"
~e suOjec- to the exzm~n~zicn ;.nd audi.'_ of ~he Auditor General of Zhe S~
California for ;_ aeriod Of ~hree years after -'inal oayment by .SOUNTY to LESSOR
under Zhis Lease. TSe examination and audi~ snell be confined zo those
connected w-ith t,he .~erformance of :he con,:racz, including, buz not limited .-_o,
cos%s o-f administering :he contrac%.
· gSS' !,,~c' sa
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19. NOTICES. (AF20.1 S)
All written notices' pursuant to this Lease shall be addressed as set forth below or
as either party may hereafter designate by written notice and shall be personally
delivered or sent through the United States .mail.
TO' LESSOR
_
--
City of Tustin
Office of the City Manager
300 Centennial Way
- Tustin, CA 92680
TO' COUNTY
:_nd
County of Orange
GSA/Real Estate Division
Leasing Section
P.O. Box 4106
Santa Aha, California 92702
County of Orange
Fire De partment
180 South Water Street
Orange, CA 92666
Al-TH' Manager, Administration 8urea
20' ATTACHMENTS (AFZl.1 S)
.
This Lease includes the following, which are attached hereto and made a part hereof
A. GENERAL COND[T[ONS
3. ~"uT3 iTS
~.. Oescriscion - ?remises
Plot ?lan - ?remises
OSB'lmc-sa
9-3-91
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[~ WITNESS WHEREOF, the
above written.
APPROVED AS TO 'FORM'
County Counsel
parties have executed this agreement the day and year -'irst
LESSOR
CITY OF TUSTIN
/ ' /
W[l'tiam HusCon - City ,qanager
Vaierie whiteman - Chief Oepu~y:Cl~Y Clerk
RECOMME~ID'ED FOR APPROVAL'
~Y
APPROVED' AS TO. FOR,H'
CITY ATTORNEY
jam
General Services Agency
Facilities and Real ?roperty
Real Estate Division
Reai ?roperty .~gen~
(
SIGNED AND CEP, TZF[ED THAT A COPY OF
THIS DOCUMENT HAS BEEH DEEZVERED TO
THE CHAIRMAH OF THE BOARD'
_ - ;'$.0
C]erk of the ~o~rd of Supervisors
of Orange County, C~l~for'n~
DSS'linc'sa
3g~,¢w-7
9-3 -gl
C 0 U fit Y '
COUFE¥ OF ORANGE
'~f~ma~ri ,"- Boa -o-~f ~U~ ~'¥ i s o rs
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GEi~tERAL CONDITIONS (AGl-ll S)
i. LEASE ORGANIZAT[O,~1 (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
25
.-',. ?.ar.sial desr_ruc~¢on of or damage to Premises; or
3. The Premises being declared unsa,~ or unfit for occupancy by any gublic
auZhority aU..~hori od .~o make such ~eclaracion, for ail reasons ocher than
o
COU'.NTY s ac , use, or occuDa~~.on, axc~p~ as otherwise provided herein
LESSOR shall im~nedia,'.elv make repairs as are necessary zo restore the Premises to
~he condition which exi~Zed prior Co destruction or damage and/or m~ke repairs as
are necessary Co make the Premises safe and fiC for occupancy. The destruction
(includin~ any desZrucCion necessary in order Co make repairs reauired by any
- - - ' v render ~his Lease null and
~ecia ,on), damag~ or declara~TM shall ~n no wa
void~ COUNT'f shall, however, be entitled Co a reduction or reno during any pe o
ecs use and occupancy of the Premises is adversely affected by reason oc
9.2
-- only and shall not be considered otherxise.
5!!i 2. ~I'.tSPECT[OI't (AG2 S)
·
6 'LESSOR or his'authorized representative shall have ~he righC aC all reasonable
.~:1 times to inspec~ the P.remises :o dece~ine if the provisions of this Lease are
' :1 being complied wi~h.
:1
S~ 3 SUC~cqSORS TM ['I~REST (AG3 S)
contained he.in shall apply ~o an~ bind the heirs, successors, executors,
10~~ administrator, and assigns of all :he par:les hereto, all of whom' shall be jointly
.
ZZ and severalIv i~abl: he.under
:,~ ~ CZRCUHSTANCES HH~CH :XCUSE'PERFORHANC: (AG4 S)
~9.. ~'
-- I ~ayed or orevented from the perfo~ance ef any
~.~ i ~ e~ther 3ar~y he,~to shall be de,
:o act reeuired her:under by reason of ac:s O~ God, restrictive governmental laws o
~.~ ]~regu~a~ions, or.o~her cause, w~:hou~ faui~ and beyond he con:rol
'= : obii:a:~d <financial ]nabili:v excepted), aerfo~ance of such acc shall be excused
- : .... ~ ~: -~ a=i~'/' !nd :he ,3erio~ for -he perfo~ance of any such ac~
~:~ :or .r~e ~..-u -- ........ . ~ . [ ........
15 shall ~e' :xt=nded far ~ aer}oo eeuivalenc :o ~he pe iod af such Celay.
· . .... . . L. -~ - cuse either oar-y f,om :he gromo~ aa~ent
nothing ;n sn~s sea_,on ~,,6l: ZX '
Z6 i tensei or saber charge requireo of ~hem excel: es may be express;y ,arovided
.~i elsewhere in Shls "_ease.
1
2
3
,L
$
8
ZO
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:3
destruction damage, declaration, and/or suOsequenc repair reouired thereby. Such
' - ,,., s ordinary use of
reduction shall be proportionate to the interference with COu''~v'
the Premises. If LESSOR refuses to make such repai~ or if such repairs are not
completed by LESSOR within 50 days, COUNTY may, ac its option, t:rminate the Lease
or make such repairs and deduct COUNTY's direct and entire cost thereof from ren:
owing LESSOR.
6. AMENOHENT (AG6 S)
~ I,, , &nd aFiy
This Lease sets forth the entire agreemen~ between LESSOR and COU
modification must be in the form of a writt=n amendmenc.
7. PARTIAL INVALIDITY (AG7 S)
if any term, covenant, condi'ion, or .3rovision of chis Lease is held by a.court of
competenC jurisdiction ~o be invalid, void, or unenforceable, Che remainder of the
provisions hereof shall remain Cn ~uil force and effec-z and shall in no way be
affected, impaired, or invali¢azed .zhereby.
9. ¥:M£ (AG10 S)
lO. DEF[;~[T'~ON OF COUHTY ~,~ S)
-t
~,S
!9
2O
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8. WAIVER OF RIGHTS (AG8 S)
The failure of LESSOR or COUNTY co insis' upon stric- gerformance o~ any o-f .-.he
terms, conditions, and covenan.'.s in c.~is Lease shall not be deemed a waiver of any
~ a c o~ a waiver of
right or remedy Chac LESSOR or COU~v ~av ~ave nd =~ ii no :~e de .... ed
any .right-or remedy for a subsec'jen~ breach or defaui- of the :e~s, conditions,
and covenants herein concaineo.
.-: --.= z, ci :-~cai ~odv .-.hat
:'~QUNT¥" shall mean
The ::~ ~ ....
executed Chis ag~emenc or ~'s au-~orizeE regrasa-qza-~ve.
OS8'lmc-ba
LEASE DESCRIPTION
Project No.' GA 861-5
Project Name: Orange County Fire Station 337
Written By' DSB
Checked By'
PARCEL GA S61-5
All the Premises shown on a plot plan marked "Exhibit [~," attached hereto and made
a part hereof, being that certain Fire Station Building and site at 1~.901 Red Hilt
Avenue, in the City of Tustin, County of Orange, State of California and located on
a portion of Lot 63, Block ll of the ~rvine Subdivision,. per map recorded in Book
l, Page 88 of Miscellaneous Maps in the office of the County Recorder of said
County.
NOT TO BE ~ECORDED
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