HomeMy WebLinkAboutCC 5 UTT PARK LEASE 04-16-84 ~ ~ ~ _ CONSENT CALENDAR
NO. 5
TO: W~ll~am A. Huston, C~t.,v Manager
FROM: Jeff Kolin, Recreatio'n Superintendent
SUBJ[CT: JAMES C. UTT PARK LEASE
RECOMMENDATIOH:
Approve the terms of the James C. Utt Park Lease with the California
Department of Transportation for a period of two years beginning May 1, 1984,
and authorize the Mayor and City Clerk to sign the Agreement. The City
Attorney has reviewed and approved the terms of the lease agreement.
BACKGROUND:
James C. Utt Park. located at the corner of Nisson Road and Pasadena Avenue,
has been leased from the State of California Department of Transportation at
a rate of $100.00 pe~ year since 1974. The Department of Transportation has
recently had the property appraised 'and established a-fair market value of
$600.00 per acre per year for the park area. The park contains approximately
.75 acres which when multiplied times the fair market value, determines the
new lease rate of $450.00 per Year.
Staff feels that the new rental rate of $450.00 per year for James C. Utt
Park is a reasonable amount to pay for this valuable community recreation and
open space resource. James C. Utt Park is currently the only source of open
space for the triangular area boundried by the Costa Mesa Freeway, Santa Ana
Freeway, and Newport Avenue. The Park receives extremely heavy use from
surrounding residents who enjoy its children's play area, picnic facilities
and open space. The nominal rental fee requested by the State will allow the
City to continue to provide open space and recreation opportunities to residents
of this area.
Jeff Ko~
Recreation'~-J~perintendent
JK:sk
Attachments
F~"-ADQUARTEHb ARC~., * ~- -
¢- ....... ~--~ RA-55, 10.4
R/W 1121'7
THIS LEASE, made this day of , .19__, at
Tustin , California, by and between the State of California, DeDa~tment
of Transportation, L__~'-or, and
CITY OF TUSTIN , Lessee,
135 West Third Streetf Tustin~ California 92680
W IT N ESS ET H
That the L~-~or, in consideration of the payment of the rent hereinafter specified
to be paid by the Lessee, and the covenants and a~eeemants herein eontained~ does
hereby lease, demise, and let Onto Le~_ ee that certain property in the County of
Or ange , State of California, the address_' of wnieh is
Nisson Road at Pasadena Avenue , and
legally described as: a portion of Lot O of the Stafford and Tusti. Tract,
as per map recorded in Book 2, page 618, of Miscellaneous Records in
the Office of the County Recorder of Los Angeles County, California:
and further outlined in RED on the map .attached hereto and made a part
hereof, identified as "Exhibit A",
ineludin~ the following improvements.' landscaDinq .and sprinkler system
for the term' of two (2) years , eommeneln~ on ~he 1st day o~
May , 1~84, and endin~ o~ the ~ day of April , 19~_,
with the right of e~ilation and terrdination m both Lessor and Lessee as hereinafter
set forth, at the total rental of $ 900,00 , payab, l~,e~=t~l~le "Department
of Transportation," in lawful money of the United States, in ~ installments of
$ 450. O0 , in advenee, ~aex~ltl~l~cx~lt:4gxaaebx~~~~~
Receipt of an additional amount of $ 0,00 security dep~ait is
acknowledged as a t~srentee of the faithful performance of the terms and eunditio~
of this lease. If Lessee fails to keep and jperform all of the terms, covenants and
conditions of this lease, ineludin~ the payment of rent, overdue and unpaid, . the Lessor
may, at its o@tion, at~ropriate and apply all or any portion of the security det~sit to
the payment of any loss or damage incurred by the Lessor by reason of Lessee's default
or breach. Upon termination of this lease, and Lessee's vacating the property, the
Lessor shall return, without interest, the deposit or portion remaining, if any, after
deductions for.an amount equal to. any unpaid rents and/or loss and damage sustained
by the Lessor due to such breach or default by Lessee.
If a cheek for payment of rent is returned to the L_~-_sor by the bank, for any
reason, a $10.00 RETURNED CHECK CHARGE (Der cheek) will be charged to cover
Lessor~s costs for additional processing and collection expenses. The Lessor will no
longer accept personal cheeks from the Lessee after two (2) RETURNED CHECK
CHARGES have been processed by the Lessor.
All rental payments shall be delivered to the Department of Transi)ortation at
2129 Juan Street, San Diego, California gill0 (mailinl~ addr_~-s~ P. O. Box 85406, San
Diego, California 92138-~406).
ll-RW-133(Rev.$-83) - 1 -
Form DRW-308
In consideration for the payment of rent specified hereinbefore, Lessor hereby
leases the property to Lessee on the following covenants, terms, and eonclitioes:
(I) UTILITIES: Lessee sb~]] pay when due, all water, sewer, electric, gas,
and other lighting, heating, and power rents and charges aeeruing or payable in
connection with said propert~y during the term of this lease.
(2) USE:
(A) Lessee sl~!! use the property for the following purposes only:
landscaping and city park
(B) Lessee shall not commit, suffer, or permit any waste on said
property and sbnl] comply with all State laws and local ordnances concerning said
property and the use thereof.
(3) RIGHT OF ENTRY: Lessee sim]! permit Lessor or its agents to enter
upon the property at any reasonable time'to inspect same and for the purpose of
showing the property to prospective purchasers or tenants.
(4) TERMINATION: This lease sb, 11 be subject to cancellation and
termination by either party at any time during the term hereof by giving the other
party notice in writing at leastone hundredS-eighty days prior to the next date
when such termination sl~ll become effective.
(5) NOTICES: All notices herein provided to be given, or which may be
given, by eith-~ party to the other, sb~ll be deemed to have been fully given when
served personally, or when made ia writing and mailed addressed as follows: To the
Lessee at the address above stated and to Lessor c/o Department of Transportation,
P. O. Box 85406, San Diego, CA 92138-5406. The address to which the notice shall
be mailed to either party sbol! be changed by written notice by either party to the
other, but nothing herein contained shall preclude the giving of notice by personal
service. Lessor sb-ll also be able to serve notices by posting and subsequent mailing
to Lessee.
(6) CONDITION AND REPAIRS: Lessee shall not call on Lessor to make
any improvements or repairs on the property, but Lessee hereby specifically covenants
and agrees to keep the property in good order and condition at Lessee's cost and
expense. Lessee further agrees to provide an adequate number of garbage and ~rash
receptacles in clean condition and good repair. Lessor agrees to maintain the exterior
walls, roof, main sewer and water service lines to the building, and any other major
repairs as deemed necessary and in the best interest of Lessor.
(?) ASSIGNMENT AND SUBLETTING: Lessee sl~-l! not assign or sublet this
lease, and shall not make or suffer any alteration to be made in or on the property
without the written consent of the Lessor, such written consent sb-ll not be unreasonably
withheld. If the leased property includes a building improvement adaptable to subletting
into separate units, Lessee may let or sublet such units, but not otherwise.
· Lessee specifically waives as an obligation of Lessor the provisions of
Sections 1941 and 1942 of the Civil Code, which read as follows:
ll-RW-133(Rev. 5-83) - 2 -
"194L Obligations of Lessor. The Lessor of a building intended for the
occupation o'f human beings must, in the absence of an agreement to the contrary,
put it into a condition fit for such o~eupation, and repair all subsequent dilapidations
thereof, which render it untenable, except as are mentioned in Section nineteen hundred
and twenty-nine."
"1942. If within a reasonable time after notice to the Lessor, of dilapida-
tions which he ought to repair, he neglects to do so, the Lessee may repair the same
himself, where the cost of such repair does not require an expenditure greater than
one month's rent of the premises, and deduct the expense of such repair from the
rent, or the Le~_mee may vacate the premises, in which ease he shall be discharged
from further payment of rent, or performance of other conditions."
(8) LITIGATION COSTS: In the event that a suit is necessary to enforce
any of the provisions herein contained, or to recover possession of the premises, the
prevailing party sbRtl be entitled to reasonable Attorney's Fees in addition to costs
and necessary disbursements.
(9) VACATING THE PROPERTY: At the expiration of the. term, or any
sooner termination of this lease, Lessee shall quit and surrender possession of the
property and its appurtenances, to Lessor in as good order and condition as the property
was delivered to the L_~_see, reasonable wear and tear and damage by the dements
excepted.
(10) HOLD OVER.- Should the Lessee hold over after the expiration of the
term of this lease with the consent of the Lessor, express or implied, the tenancy
shall be deemed to be a tenancy only from month-to-month, subject otherwise to
the terms and conditions of this lease so far as applicable.
(11) FIRE INSURANCE: Lessor win not keep the property insured against
fire or any other insurable risk, and Lessee will make no claim of any nature against
Lessor by reason of any damage to Lessec's property in the event it is damaged or
destroyed by fire or by any other cause.
(12) PREVIOUS AGREEMENTS: In the event there is any existing lease or
rental agreement between Lessee and Lessor (or its predecessor in interest) covering
the property, it is agreed and understood that this lease shall canecl and terminate
said prior lease or rental agreement as of the effective date of this lease.
(13) RELOCATION PAYMENT: No Rcloeation Payment will be made to
Lessee by Lessor except es provided by law.
(14) POSSESSORY INTEREST: The Lessee's interest is subject to a possessory
interest tax that the City or County may impose, and any such tax shall be the liability
of and be paid by the Lessee. Upon receipt of evidence of payment of possassory
interest tax, excluding penalties, the Lessor will credit L_-~_see for the amount of
possessory interest tax paid, where legally permitted.
(15) NON-LIABILITY OF LESSOR: This lease is made upon the express
condition that the State of California, its officers, agents, and employees are to be
free from all ]lability and claim for damage by reason of any injury to any person or
persons, including Lessee, or property of any kind whatsoever and to whomsoever
ll-RW-133(Rev. 5-83) - 3 -
belonging, includir~ Lessee, from any cause or causes whatsoever while in, upon, or
in any way connected with the property or the sidewalks adjacent thereto durin§ the
term of this lease or any extension hereof or any occupancy hereunder, Lessee hereby
agTees to indemnify and save harmless the State of California, its officers, agents,
and employees from ali liabRity, l~s, cost, and obligations on account of or arising
out of any such injuries or losses however occurring.
(16) LIABILITY INSURANCE: Lessee shall, at Lessee's expense, take out
and keep in force during the within'tenancy:
(A) Public liability insurance, in a company or companies to be approved
by the Lessor, to protect Lessor, its officers, agents, and employees against any liability
to the public incident to the use of, or resulting from injury to, or death of, any
person occurring in, or about, the property, in the amount of not less than $500,000.00,
to indemnify against the claim of one person, and in the amount of not less than
$1,000,000.00 against the claims of two or more persons resulting from any one accident;
and,
(B) Property damage or other insurance, in a eompeny or companies
to be approved by the Lessor, to protect Lessor, its officers, agents, and employees
against any and every liability incident to the use of or resulting from any and every
cause occurring in, or about, the property, including any and all liability of the Lessor
for damage to vehicles parked on the property, in the amount of not le~ than
$300,000.00; or,
(C) Single limit ~overnge of not less than $1,000,000.00 for the required
public liability insurance (A) and the property damage insurance (B).
Said policies shall inure to the contingent liabilities, tf any, of the Lessor,
and the officers, agents, and employees of Lessor and shall obligate the insurance
carriers to notify Lessor, in writing, not less than fifteen (15) days prior to the
cancellation thereof, or any other change affecting the coverage of the policies. Lessee
shall furnish to Lessor, either a certified copy of each and every such policy or a
fully executed 'Certificate of Insurance for Lease of State-Owned Property" and a
fully executed "State-Owned Property Endorsement" within not more than ten (10) days
after the effective date of the policy. Lessee ageees that, if Lessee does not keep
such insurance in full force and effect, the Lessor may take out insurance and pay
.the premiums thereon, and the repayment thereof shall be deemed to be additional
rental and payable as such on the next day upon which rent beoomes due hereunder.
(17) NONDISCRIMINATION: The Lessee, or himself, his heirs, personal
representatives, successors in interest, and assigns, as a part of the consideration
hereof, does hereby covenant and agree, as a covenant running with the land, that in
the event facilities are constructed, maintained, or otherwise operated on the said
property described in this lease for a purpose for which a Department of Transportation
program or activity is extended or for another purpose involving the provision of similar
services or benefits, the Lessee shall maintain and operate such facilities and services
in compliance with all other requirements imposed purstmnt to Title 49, Code of Federal
Regulations, Department of Transportation, Subtitle A, Office of the Seoretary, Part
21, Nendiseriminatien in Federally-assisted programs of the Department of Transportation
- Bffeetuation of Title YI of the Civil Rights Art of 1964, and as said Regulations
may be amended.
Lt-R W-133 (P,.ev. 5-.83)
That in the event of breach of any of the above nondiscrimination
covenants, the State of C.]ifornia, shall have the right to terminate the lease and to
re-enter and reposses~ said land and the facilities thereon, and hold the same as if
said lease had never been made or issued.
(18) WAIVER: If any part of this lease is invalid by reason of law or
governmental r--~i,;~on, or if any provisions hereof are waived by Le~_sor, the remaining
portions of this lease shall remain in full force and effect.
(19) ENCUMBRANCES.' Le~_see sb~_ll not encumber the leased premises in
any manner whatsoever.
(20) ASSIGNMENT FOR BENEFIT OF CREDITORS, INSOLVENCY, OR BANK-
RUPTCY: Appointment of a reoeiver to take possession of Lessee's assets,
Lessee's gener--~_i--8~s']--gnment for benefit of creditors, or Lessee's insolvency or taking
· or suffering action under the Bankruptcy Act is a breach of this lesse and this lease
sb~ll ternlinate.
(21) POSTING' OF PROPERTY: Lessor or its agents shall at all times have
the right to go upon and inspect the leased property and to serve or to post thereon
any notice required or permitted by law for protection of any right or interest of
L_~or.
(22) AMENDMENTS: Anything herein contained to the contrary notwith-
standing, this lease may be terminated, and the provisions of this lease may be, in
writing, altered, changed or amended by mutual consent of the parties hereto.
(23) HEADINGS.- The marginal or ~lanse headings of this lease are not a part
of this lesse and sb-l] have no effect upon the construction or interpretation of any
part hereof.
(24) ABA~DOI~T OR REMOVAL OF I3-~PROVEI~I~TS,: Lessee hereby
agrees to abandon or remove landscaping and all other property
improvements at the termination of this lease; said abandonment
or removal to be determined by Lessor.
ll-RW-133(Rev. 5-83) 5
BREACH OF ANY OF THE ABOVE COVENANTS, TERMS, AND CONDrl~ONS SHALL GIVE
EITHER PARTY AUTHORITY TO IMMEDIATELY TERMINATE THIS LEASE. · .
CITY OF TUSTII~
STATE OP CALIFORNIA
DEPARTMENT OF TRANSPORTA~ON
By.
E. R. Kirwan Lessor
Deputy District Director
Right of Way, District 11
By
By
Lessee (TiUe)
Lessee (Title)
ll-RW-].33(R, ev. 5-83) - 6 -