HomeMy WebLinkAboutNB 6 FIRE STATION LEASE 5-6-85TO:
FROM:
SUBJECT:
WILLIAM A. I~STOli, Oily
RO#ALD A. NAULT, DIRECTOR OF
FIRE SERVICES AGREEMENT AND FIRE STATION LEASE AGREEFIENT FOR FISCAL
YENt [985-86
Attached are four copies each of our Fire Services Agreement and the Fire
Station Lease for 1985-86. Both are one-year agreements effective July l,
1985.
The cost of fire service for 1985-86 will be $1,953,731, up 4.9% from the
previous year. This increase is consistent with the cost allocation plan
formula used in previous years.
For the first time the lease agreement for the City-owned fire station,
located at the corporate yard, appears as a separate document. During
1984-85 we successfully negotiated an increase in the rental rate from $950
per month to $[,908 per month, which will be applicable to the agreement
attached.
Even though we are presently reviewing our fire service alternatives via
Hughes, Heiss and Associates, we cannot realistically extricate ourselves
from County Fire until 1986-87 at the earliest. I recommend that the
Council endorse the attached agreements at the May 6, lg85 meeting.
RAN:ih
Attachments:
Fire Services Agreement
Fire Station Lease
N'r'Y' OF
GE
ORANGE COUNTY FIRE DEPARTMENT
180 SOUTH WATER STREET
P.O. BOX 86, ORANGE, CALIFORNIA 9266~3086
(714) 538-3551
LARRY J. HOLMS
DIRECTOR OF FIRE SERVICES
SERVING THE UNINCORPORATED AREAS
OF ORANGE COUNTY AND THE CITIES OF':
CYPRESS
IRVINE
LA PALMA
LO~ ALAMITOS
PLACENTIA
SAN JUAN CAPISTRANO
SEAL BEACH
TUSTI N
VILLA PARK
YORBA LINDA
April 25, 1985
Ronald A. Nault
City of Tustin
300 Centennial Way
Tustin, CA 92680
Dear Ron,
Enclosed are four copies of the proposed 85/86 agreement for
fire services between the City of Tustin and the County of
Orange.
Please return all copies of' the agreement and attached lease to
Cindy Guziak when they have been approved and signed by your
city. Fully signed copies will be returned to your city after
approval by the Board of Supervisors.
Thank you for assistance in renewing this agreement.
Respectful ly, ~
adley
/~/Assistant Chief, nistration
JWR:gjd
Enclosures
SMOKE DETECTORS SAVE LIVES
AGREEMENT
THIS AGREEMENT, made and entered into this Ist day of July 1985, which is
enumerated for purposes of reference only, by and between the COUNTY OF ORANGE,
a political subdivision of the State of California, hereinafter referred to as "COUNTY,"
and the CITY of Tustin, a municipal corporation in the COUNTY OF ORANGE,
hereinafter referred to as "CITY."
WHEREAS, CITY desires to have COUNTY perform certain fire protection
functions within the CITY pursuant to Government Code Section 55603 and 55~;32:
NOW, THEREFORE, in consideration of the mutual promises contained herein, the
parties hereto agree as follows:
I. COUNTY shall provide to CITY, firefighting~ rescue, fire prevention, and
emergency medical (paramedic) services~ excluding weed abatement services. The level
of service provided shall be the same as the level of similar services provided by
COUNTY elsewhere throughout the unincorporated territory of the COUNTY OF
ORANCE. Such level of service shall be determined at the sole discretion of the
Director of Orange County Fire Services, who shall have direct control and supervision
over the services provided pursuant to this Agreement~ and who is hereby designated as
the City Fire Chief. The COUNTY intends to continue providing 3 engine componies~ I
truck company and I medic unit operating from two (2) existing fire stations. Any
future changes to this level of service will be discussed between the City Manager and
the Director of Orange County Fire Services. The Director shall make the final
determination.
2. In consideration of the services provided under this Agreement from July Ir
1~85~ through June 30 1986, CITY shall pay to COUNTY the sum of $1~53~731. All
payments due COUNTY shall be paid quarterly in arrears commencing on or before
October I', 1985. This year's contract price is based on the Cost Allocation Plan;
however, COUNTY and CITY agree to continue negotiations to seek an alternative
mutually agreeable method of cost determination for CITY'S charges.
3. This Agreement shall become effective July 1, 1985, and may remain in force
through June 30,
z~. CITY shall retain ownership to the land and building used for a fire station
located at I~,~01 Red Hill Avenue, presently designated as Tustin Station No. 2 (County
Station No. 37). CITY agrees to lease the premises to the COUNTY pursuant to the
Lease attached hereto as Exhibit A, such lease being incorporated herein by reference
to be made port of this agreement.
5. CITY agrees to indemnify COUNTY and its officers, employees, and agents,
and hold them harmless from any liability, whether by court action or otherwise, arising
out of the acts or omissions of CITY or any of its officers, employees, or agents.
COUNTY agrees to indemnify CITY, and its officers, employees, and agents, and
hold them harmless from any liability, whether by court action or otherwise, arising out
of the acts or omissions of COUNTY or any of its officers, employees, or agents.
6. CITY shall not be liable for the direct payment of any wages or other
compensation to any officer, employee, or agent of COUNTY 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. COUNTY shall be solely responsible for all personnel
actions relating to COUNTY employees utilized in the performance of this Agreement.
7. This Agreement supersedes and cancels any prior agreement for fire
protection services between CITY and COUNTY.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
da), and year first above written.
DATE:
1~85 COUNTY OF ORANGE
By:
Chairman, Board of Supervisors
ATTEST:
By:
CITY OF TUSTIN
By:
Mayor
APPROVED AS TO FORM:
ADRIAN KUYPER, COUNTY COUNSEL
SIGNED AND CERTIFIED THAT A
COPY OF THIS DOCUMENT HAS BEEN
DELIVERED TO THE CHAIRMAN OF
THE BOARD
Linda D. Roberts
Clerk of the Board of Supervisors
County of Orange, California
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GA 861-3
Orange County Fire Station No. 37
(Tustin Fire Station No. 2)
LEASE
THIS IS A LEASE by and between CITY OF TUSTIN, hereinafter referred to as "LESSOR", and
COUNTY OF ORANGE, hereinafter referred to as "TENANT', without regard to number and
gender.
RECITALS:
A. LESSOR and TENANT have entered into a Fire Protection Agreement dated July 1, 1985.
B. TENANT has agreed to provide fire protection services for LESSOR.
C. TENANT requires the use of LESSOR's fire station facility located at 14901 Red Hill
Avenue, Tustin, California, for the purposes of providing said fire protection;
NOW, THEREFORE; LESSOR and TENANT hereby agree as follows:
1. DEMISED PREMISES (AA2.1 S)
LESSOR leases to TENANT that certain property hereinafter referred to as "Demised
Premises", described in "Exhibit I" and shown on "Exhibit II", which exhibits are
attached hereto and by reference made a part hereof.
2. USE (N)
The Demised Premises shall be used for the purpose of operating a fi re station.
TENANT is granted exclusive use of the Demised Premises, except for that portion of the
driveway shown crosshatched on Exhibit II, to which LESSOR reserves the right of ingress
and egress. LESSOR and TENANT agree to take such steps as necessary to insure that sai,
driveway remains open to vehicular traffic at all times.
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EXHIBIT A
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3. TERM (A83ol N)
The term of this Lease shall run concurrently with the term of the Fire Protection
Agreement between LESSOR and TENANT dated duly l, 1985. If said Fire Protection Agree-
ment is terminated for any reason, this Lease shall also be terminated in its entirety.
4. RENT (AC1.1 S)
TENANT agrees to pay to LESSOR as rent for the Demised Premises the sum of One Thousand
Nine Hundred Eight Dollars {$1,908) per month.
To obtain rent payments LESSOR (or LESSOR's designee) shall submit to TENANT'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 following:
l. The first day of the month following the month earned; or
2. Receipt of LESSOR'S written claim by TENANT's GSA/Real Estate Division.
5. ALTERATIONS (AEi.1 S)
TENANT may make improvements and changes in the Demised Premises, including but not
limited to the installation of fixtures, partitions, counters, shelving, and equipment.
It is agreed that any such fixtures, partitions, counters, shelving, or equipment
attached to or placed upon the Demised Premises by TENANT, shall be considered to be
the personal property of TENANT, who shall have the right to remove same at any time.
TENANT agrees that the Demised Premises shall be left in as good condition as when
received, reasonable wear and tear excepted.
6. REPAIR, MAINTENANCE, AND dANITORIAL SERVICE (AE2.2 N)
TENANT shall provide, at its own cost and expense, all janitorial supplies and services
to the Demised Premises, including the supplying of rest room expendables and replace-
ment of light bulbs and fluorescent tubes. TENANT shall also provide, at its own cost
and expense, the cleaning and refinishing 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 TENANT's misuse of the Demised
Premises.
LESSOR shall provide, at its own cost and expense, all other repair and maintenance
items, including, but not limited to, replacement of roof coverings, apparatus doors,
heating and air conditioning systems. LESSOR shall also repair and maintain the parking
areas, ramps, driveways, and exterior walls of the building.
As to landscaping, TENANT shall be responsible for watering and maintenance of all
landscaping within the Demises Premises.
Lessor agrees to provide at its own cost and expense weekly trash pick-up from the
Demised Premises.
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If LESSOR fails to provide satisfactory repair and maintenance services to Demised
Premises, TENANT'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 un-
satisfactory conditions within four days after such notice has been mailed or delivered
by TENANT, TENANT may provide the repair or maintenance necessary to remedy the unsatis-
factory conditions, or have others do so, and deduct the cost thereof, including labor,
materials, and overhead, from the rent thereafter payable.
7. BUILDING AND SAFETY REQUIREMENTS (AE3.1 N)
During the full term of this Lease, LESSOR agrees to maintain the Demised Premises in
compliance with all applicable building codes, statutes, and orders as they are appli-
cable on the date of this Lease, and as they may be subsequently amended.
LESSOR further agrees to maintain the structure and permanent improvements at the
Demised Premises as .a "safe place of employment", as defined in the California Occu-
pational Safety and Health Act {California Labor Code, Division 5, Part l, Chapter 3,
beginning with Section 6400) and the federal Occupational Safety and Health Act, where
the provisions of such Act exceed, or supersede, the California Act, as the provisions
of such Acts are applicable on the date of this Lease.
In the event LESSOR neglects, fails, or refuses to maintain said Demised Premises as
aforesaid, TENANT may, notwithstanding any other termination provisions contained
herein:
A. Terminate this Lease; or
B. At TENANT's sole option, cure. any such default by performance of any act,
including payment of money, and subtract the cost thereof plus reasonable
administrative cost from the rent.
Conditions caused solely by TENANT and not subject to the control of LESSOR are excluded
:from this provision.
8. UTILITIES (AE4.1 N)
TENANT shall be responsible for and pay, prior to the delinquency date, all charges for
all utilities supplied to the Demised Premises, except water, which shall be the
obligation of LESSOR.
9. FIRE INSURANCE (AES.1 N)
LESSOR shall maintain throughout the term of this Lease fire insurance with extended
coverage on the Demised Premises to the full insurable value of improvements located on
the Demised Premises. Included in the policy or policies of fire insurance shall be a
standard waiver of right of subrogation against TENANT by the insurance company issuing
said policy or policies. Upon demand of TENANT, LESSOR shall provide TENANT with evi-
dence of compliance with these requirements. At LESSOR option, LESSOR may self-insure
the coverage required by this paragraph.
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kO. PUBLIC LIABILITY INSURANCE (AE6.1 S)
TENANT 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 per-
sons or property occurring in, upon, or about the Demised Premises. Said insurance
shall have limits of not less than $100,000 and $300,000 for injuries to person or
persons, and not less than $100,000 for property damage. At TENANT'S option, TENANT
may self-insure the coverages required by this paragraph.
11. TAXES AND ASSESSMENTS (AET.1 S)
All taxes and assessments which become due and payable upon the Demised Premises shall
be the full responsibility of LESSOR, and LESSOR shall cause said taxes and assessments
to be paid promptly.
12. INDEMNIFICATION (N)
TENANT agrees to indemnify and save harmless LESSOR, its officers, agents, and employees,
from and against any and all claims, demands, losses, or liabilities of any kind or
nature which LESSOR, its officers, agents, and employees may sustain or incur or which
may be imposed upon them or any of them for injury to or death of persons, or damage to
property as a result of, or arising out of, the sole negligence of TENANT, its officer,
agents, employees, subtenants, invitees, or licensees, in connection with the occupancy
and use of premises by TENANT.
.ikewise, LESSOR shall indemnify and save harmless TENANT from and against any and all
claims, demands, losses, or liabilities of any kind or nature which TENANT, its officers,
agents, and employees may sustain or incur or which may be imposed upon them or any of
them for injury to or death of persons, or damage to property as a result of, or arising
out of, the sole negligence of LESSOR, its officers, agents, employees, i nvitees, or
icensees, in connection with the maintenance or use of the premises.
.3. DEFAULTS AND REMEDIES (AE8.1 S)
In the event of any breach of this Lease by TENANT, LESSOR shall notify TENANT in writing
~f such breach, and TENANT shall have 30 days in which to cure said breach.
.4. STATE AUDIT (AFl.1 S)
Pursuant to and in accordance with Section 10532 of the California Government Code, in
the event that this Lease involves expenditures and/or potential expenditures of State
funds aggregating in excess of ten thousand dollars ($t0,000), LESSOR shall be subject
to the examination and audit of the Auditor General of the State of California for a
period of three years after final payment by COUNTY to LESSOR under this Lease.
I)~5. NOTICES (AF8.1 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.
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TO:
LESSOR
City of Tustin
Office of the City Administrator
Centennial at Main
Tustin, CA 92680
TO:
and
TENANT
County of Orange
GSA/Real Estate Division
P. O. Box 4106
Santa Aha, California 92702
County of Orange
Fire Protection
180 South Water Street
Orange, CA 92666
16. ATTACHMENTS (AF9.1 S)
This Lease includes the following, which are attached hereto and made a part hereof:
A. GENERAL CONDITIONS
B. EXHIBITS
Exhibit I - Lease Description (Demised Premises)
Exhibit II - Plot Plan (Demised Premises)
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A. GENERAl. CONDITIONS (AGl-12 N)
1. 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 Demised Premises to determine if the provisions of this Lease are being
compliedwith.
3. SUCCESSORS IN INTEREST (AG3 S)
Unless otherwise provided in this Lease, the terms, covenants, and conditions contained
herein shall apply to and bind the heirs, successors, executors, administrators, and
assigns of all the parties hereto, all of whom shall be jointly and severally liable
hereunder.
4. COST OF SUSTAINING AN ACTION FOR BREACH OR DEFAULT (AG4 S)
In the event either LESSOR or TENANT commences legal action against the other claiming
a breach or default of this Lease, the prevailing party in such litigation shall be
entitled to recover from the other costs of sustaining such action, including reason-
able attorney fees, as may be fixed by the Court.
5. CIRCUMSTANCES WHICH EXCUSE PERFORMANCE (AG5 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 regula-
tions, or other cause without fault and beyond the control of the party obligated
(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 clause 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.
6. DESTRUCTION OF OR DAMAGE TO DEMISED PREMISES (AG6 S)
In the event of:
A. Partial destruction of or damage to Demised Premises; or
B. The Demised Premises being declared unsafe or unfit for occupancy by any
public authority authorized to make such declaration, for any reason other
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than TENANT'S act, use, or occupation, except as otherwise provided herein; LESSOR
shall immediately make repairs as are necessary to restore the Demised Premises
to the condition which existed prior to destruction or damage and/or make repairs as
are necessary to make the Demised Premises safe and fit for occupancy. The destruction
{including any destruction necessary in order to make repairs required by any declara-
tion), damage, or declaration shall not render this Lease null and void; TENANT shall,
however, be entitled to a reduction of rent during any period its use and occupancy of
the Demised Premises is adversely affected by reason of destruction, damage, declaration,
and/or subsequent repair required thereby. Such reduction shall be proportionate to the
interference with TENANT'S ordinary use of the Demised Premises. If LESSOR refuses to
make such repairs or if such repairs are not completed by LESSOR within sixty (60) days,
TENANT may, at its option, terminate the lease or make such repairs and deduct TENANT'S
direct and indirect cost thereof from rent owing LESSOR.
7. AMENDMENT (AG7 S)
This Lease sets forth the entire agreement between LESSOR and TENANT and any modifica-
tion must be in the form of a written amendment.
8. PARTIAL INVALIDITY (AG8 S)
ilf 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 pro-
visions hereof shall remain in full force and effect and shall in no way be affected,
impaired, or invalidated thereby.
9. WAIVER OF RIGHTS (AG9 S)
The failure of LESSOR or TENANT 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 TENANT 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.
10. TIME (AGll S)
Time is of the essence of this Lease.
11. DEFINITION OF TENA~IT (AG12 S)
The term "TENANT" shall mean the Board of Supervisors of the political body that executed
this agreement or its authorized representative.
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LEASE DESCRIPTION
PARCEL GA 861-3
All the demised premises shown on a plot plan marked "Exhibit II", 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.
FOR LEASE PURPOSES ONLY
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EXHIBIT I
r
EXHIBIT iT
COUHTY OF ORAHGE
DEPARTMENT OF REAL PROPERTY SER¥1CE$