HomeMy WebLinkAboutCC 3 LIBRARY LEASE 08-05-91:N
CONSENT CALENDAR NO. 3
8-5-91
Ester -Corte
ATE: AUGUST 5, 1991
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT; TUSTIN LIBRARY SECOND AMENDMENT TO LEASE
RECOMMENDATION
It is recommended that the City Council approve the second
amendment to the Tustin library lease.
BACKGROUND
The Tustin Community Redevelopment Agency has approved major
alterations to the City of Tustin Civic Center. While said
improvements do not materially affect the lease description
contained in the existing Lease Amendment between the County of
Orange and the City of Tustin, said improvements will result in
reconstruction and alteration of parking facilities and landscaped
areas on the site.
While the County has already approved in writing the proposed
improvements, the existing lease agreement dated July 9, 1974 and
amended March 30, 1976 will need to be amended to reflect the City
of Tustin's revised site plan. Additional major issues addressed
in the amendment are as follows:
The City of Tustin will reconstruct the library's parking
and landscaped areas.
The County will not be responsible for operating and
maintenance expenses on those portions of parking and
landscaping areas during their reconstruction.
° The means of determining the County's share of parking
and landscaping area maintenance expenses has been
clarified.
0
The clauses pertaining to notices has been updated.
City Council Report
Tustin Library -
Second Amendment to Lease
August 5, 1991
Page 2
A copy of the proposed Lease Amendment is attached for City Council
approval.
Christine A. Shingl on
Assistant City Manager
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GA 620-3
Tustin Library
SECOND AMENDMENT TO LEASE
THIS LEASE AMENDMENT dated , 19910 is the SECOND
AMENDMENT TO LEASE by and between the COUNTY OF ORANGE, a political subdivision of
the State of California, hereinafter referred to as "LESSEE," and the CITY OF
TUSTIN, a municipal corporation, hereinafter referred to as "LESSOR."
RECITALS
1. LESSEE and LESSOR entered into a lease dated July 9, 1974, wherein LESSOR
agreed to lease a site to LESSEE for construction of a branch library.
2. By terms of said Lease, as amended March 30, 1976, LESSOR agreed to provide one
hundred thirty-two (132) parking spaces in its Civic Center in addition to those
specified for library use.
3. LESSOR has scheduled a major alteration of the Tustin Civic Center which
includes the structures and the parking area.
4. As a result of the proposed Civic Center parking area renovation, a total of
one hundred eighty-eight (188) parking spaces will be made available for common use
in addition to the sixty-two (62) provided for library use.
5. Both parties agree that Clause 10 (OPERATING AND MAINTENANCE OF PARKING
FACILITIES AND LANDSCAPED AREA) should be revised to clarify its intent.
6. The addresses listed for LESSOR and LESSEE in Clause 22 (NOTICES) of the Lease
require an update.
7. Exhibits A and B were revised as a result of First Amendment to Lease dated
March 30, 1976. Inadvertently, the exhibits were not labeled "Revised." At this
time Exhibits A and B will be correctly labeled and in addition, Exhibit C will be
introduced into the Lease document to indicate the new parking area format.
NOW THEREFORE, the parties hereto mutually agree as follows:
I. Clause 7 (CONSTRUCTION OF PARKING FACILITIES AND LANDSCAPED AREA) is hereby
deleted and in lieu thereof the following clause is substituted:
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7. RECONSTRUCTION OF PARKING FACILITIES AND LANDSCAPED AREA (N)
LESSOR shall, at its own cost and expense, design and reconstruct parking
facilities with at least fifty (50) public parking spaces for the use of library
patrons, and twelve (12) parking spaces for the exclusive use of library employees,
along with the necessary rights of ingress and egress, walkways, driveways,
lighting and landscaping as generally shown on Exhibit C attached hereto. Said
parking facilities and landscaping shall be of a type, construction and quality at
least equivalent to the other parking facilities and landscaping in the Civic
Center. Said parking facilities and landscaping shall not be reconstructed,
altered, or removed without LESSEE's prior approval, which LESSEE shall not
unreasonably withhold.
In addition to the hereinabove described fifty (50) public parking spaces, LESSOR
shall reconstruct, maintain and provide not less than an additional one hundred
eighty-eight (188) public parking spaces in the Civic Center which shall be for use
in common by LESSOR, LESSEE and their respective patrons, guests and invites.
Directional signing indicating Library parking areas shall be as mutually agreed
upon. Such approval shall not be unreasonably withheld by either party.
Library patrons shall have the right to use all of the public walkways, parking,
drives, driveways and landscaped areas in the Civic Center in common with others
entitled to such use.
Before commencing any reconstruction work on improvements or landscaping as
hereinabove provided, LESSOR shall submit to LESSEE a set of drawings, plans and
specifications for said work. LESSEE shall have thirty (30) days to review said
drawings, plans and specifications following receipt of same from LESSOR. LESSEE
shall not unreasonably disapprove said drawings, plans and specifications.
Approval or disapproval shall be communicated in writing by LESSEE to LESSOR.
Disapproval shall be accompanied by the reasons for such disapproval.
II. Clause 8 (PAYMENT OF CONSTRUCTION COSTS OF PARKING FACILITIES AND LANDSCAPED
AREAS) is hereby deleted and in lieu thereof the following clause is
substituted:
8. PAYMENT OF RECONSTRUCTION COSTS OF PARKING FACILITIES AND LANDSCAPED AREAS (N)
LESSOR shall assume all costs for reconstruction of Civic Center parking and
landscaped -areas. LESSOR shall give 30 days prior written notice to LESSEE's
GSA/Real Estate Division stating date reconstruction is to commence. Said notice
shall be delivered to LESSEE at the address shown below in Clause 22 (NOTICES).
During reconstruction, LESSEE shall not be responsible for maintenance and
operation expenses for parking and landscaped areas. LESSOR shall give LESSEE's
GSA/Real Estate Division written notice stating date of completion of the
above-mentioned reconstruction and shall deliver said notice to the address shown
below in Clause 22 (NOTICES). Effective the day following date of completion,
LESSEE shall resume responsibility for expenses pertaining to LESSEE's share of
operation and maintenance expenses for said parking and landscaped areas as per
Clause 10 (OPERATION AND MAINTENANCE OF PARKING FACILITIES AND LANDSCAPED AREA).
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III. Clause 10 (OPERATION AND MAINTENANCE OF PARKING FACILITIES AND LANDSCAPED
AREAS) is hereby deleted and in lieu thereof the following clause is
substituted:
10. OPERATION AND MAINTENANCE OF PARKING AND LANDSCAPED AREA (N)
LESSOR shall operate and maintain all parking areas, roads, walks and landscaped
areas in the Civic Center. The nature and manner of such operation and maintenance
shall be uniform throughout LESSOR's Civic Center. The use of such areas and
facilities shall be subject to reasonable regulations and changes as LESSOR shall
make from time to time, but all such regulations shall be applied equally to all
persons entitled to use such areas.
LESSOR reserves the right to promulgate such reasonable rules and regulations
relating to the use of publ is parking areas, roads, walks and landscaped areas or
any part thereof as LESSOR may deem appropriate and for the best interests of
LESSOR and LESSEE. LESSEE shall abide by such rules and cooperate in their
observance.
LESSEE and its officers, agents and employees shall park their cars only in the
area which has been specifically designated for that purpose (as shown on
Exhibit C). Within ten days after request by LESSOR, LESSEE shall furnish to
LESSOR the automobile 1 icense numbers assigned to its cars and the cars of al l of
its officers, agents and employees. LESSEE shall not at any time park or permit
the parking of its trucks or vehicles, or the trucks or vehicles of others
providing goods or services to LESSEE, adjacent to loading areas so as to interfere
in any way with the use of such areas, nor shall LESSEE at any time park, or permit
the parking of, its trucks or the trucks of its suppliers or others in any portion
of the parking lot not designated by LESSOR for such use by LESSEE.
At the start of each fiscal year (July 1 through June 30), LESSOR shall determine
the operating and maintenance cost's for all landscaped areas and parking areas in
the Civic Center. LESSOR shall within sixty (60) days after the commencement of
each fiscal year submit an invoice and annual report which states the actual
parking and landscaped area maintenance costs for the Civic Center and LESSEE's
proportionate share of costs calculated in accordance with the formulas set out in
Clauses 10-A and 10-B below. LESSEE shall within sixty (60) days upon receipt and
approval of LESSOR's invoice and annual report, pay to LESSOR LESSEE's
proportionate share of reasonable maintenance and operating expenses for the Civic
Center parking and landscaped area in accordance with the following formula:
A. Parking Area Maintenance and Operating Expenses
X=A/BxC
where:
X = LESSEE's share of parking area maintenance costs
A = 62 (Parking spaces allotted Library employees and patrons)
B = 188 (Total number of parking spaces in the Civic Center)
C = Cost of parking area maintenance for the entire Civic Center
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B. Landscaped Area Maintenance Expenses
X=A/BxC
where:
X = LESSEE's share of landscaped area maintenance costs
A - Landscaped area attributed to the Library
B = Total landscaped area in the Civic Center
C = Cost of landscaped area maintenance for the entire Civic Center
It is the intent of Clauses 10-A and 10-B above that LESSEE. pay for reasonable cost
of maintenance for a County library.
LESSOR's failure to submit to LESSEE the above-mentioned invoice, proof of payment,
and annual report within ninety (90) days after the commencement of each fiscal
year shall be conclusively considered to be confirmation that payment from LESSEE
is not due for parking and landscaped area operating and maintenance expenses for
the previous fiscal year.
LESSEE shall be responsible for, and shall pay in the same proportion as determined
in Clause 10-A above, its proportionate share of all fees, assessments and charges
levied upon parking areas by any governmental authority. LESSOR agrees that LESSEE
shall not be responsible for fees, assessments and charges levied upon parking
areas by LESSOR.
IV. Clause 22 (NOTICES) is hereby deleted and in lieu thereof the following
clause is substituted:
22. NOTICES (N)
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 TO: LESSEE
. City of Tustin County of Orange
City Administrator GSA/Real Estate Division
300 Centennial Way Leasing Section
Tustin, CA 92680 P. 0. Box 4106
Santa Ana, CA 92702-4106
V. Clause 23 (ATTACHMENTS) is hereby deleted and in lieu thereof the following
clause is substituted:
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23. ATTACHMENTS (N)
This Lease includes the following, which are attached hereto and made a part hereof:
GENERAL CONDITIONS
Revised Exhibit A - Legal Description
Revised Exhibit B - Location Map
Exhibit C - Site Plan
VI. EXHIBITS
Exhibits A and B are hereby deleted and in lieu thereof Revised Exhibit A and
Revised Exhibit B are substituted.
Exhibit C (Site Plan) is hereby added to the exhibits of the Lease document.
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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:
By
General Services Agency
Facilities and Real Property
Real Estate Division
By
Real 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
Mayor
City Clerk
APPROVED AS TO FORM:
City Attorney
RECOMMENDED FOR APPROVAL:
City Administrator
LESSEE
COUNTY OF ORANGE
By
Chairman, Board of Supervisors
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C -P
DESCRIPTION
PROJECT NO: GA 620 DATE: 10/8/75
PROJECT: TUSTIN LIBRARY WRITTEN BY: CITY OF
PARCEL _NO: 3.03 TUSTIN
A.P. NO: Ptn . 062-261-44 REVISED BY: G. E . W.
CHECKED BY: R.F.D.
APPROVED BY: F.L.H.
Parcel GA 620-3.03
The real property inthe City .of Tustin, County of Orange, State
of California, described as:
Those. portions of Blocks 11 and 26 .of the Town of Tustin City as
shown on a map recorded in Book 41 Paves '218 and 219 of
Miscellaneous Records of Los Angeles County, California, described
as follows:
Beginning at the southeasterly corner of Tract No. 2187, as per map
recorded in Book 105, Pages 37 and 38 of 'Miscellaneous Maps,
Records of Orange County, California; thence du. East, along the
easterly extension of the southerly ine of said Tract No. 2187 and
along the northerly right-of-way line of Main Street, a distance of
12.00 feet; thence N. 00' 00' 50" W., 'along a line parallel with th
easterly boundary of said Tract No. 2187, a distance of 25.00 feet,
to the TRUE POINT OF BEGINNING of the parcel to be ' described; thenc
continuing N. 00` 00' 50" W., along said parallel line, a distance
of 220.00 feet; thence due East, a distance of 105.00 feet; thence
S. 00c 00' 50" E.,, a .distance - of 97.00 feet; thence due East,
a distance of 20.00 feet; thence S. 00' 00' 50" E., a distance
of 123.00 -feet; thence due West, a distance o= 125.00 feet, to
the TRUE POINT OF BEGINNING
FOR LEASE PURPOSES ONLY
26A-7-1 REVISED EXHIBIT A
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