HomeMy WebLinkAbout09 LEASE AGREEMENT BETWEEN THE BOYS AND GIRLS CLUB AND THE CITY OF TUSTIN - REQUEST FOR LOAN FOR ROOF REPLACEMENTMEETING DATE: DECEMBER 5, 2017
TO: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL
FROM: CITY MANAGERS OFFICE
SUBJECT: LEASE AGREEMENT BETWEEN THE BOYS AND GIRLS CLUB
AND THE CITY OF TUSTIN
REQUEST FOR LOAN FOR ROOF REPLACEMENT
SUMMARY:
In December 22, 1967, the City of Tustin and the Boys and Girls Club (Club) entered into
a lease agreement (agreement) for 50 years to allow for the Boys and Girls Club to operate
at 580 W. 6t" Street, Tustin, CA 92780 for the cost of $1.00 per year and other conditions
as outlined in the agreement. Subsequently, the lease was amended three separate times
(1980, 1981, and 1982) and is due to expire December 31, 2017.
The City of Tustin and Boys and Girls Club have concluded negotiations regarding a new
agreement that covers certain legal concerns related to eminent domain and alike. Attached
is the proposed agreement effective immediately for a term of 20 years or unless earlier
terminated in accordance with the provisions with the proposed lease.
DISCUSSION AND BACKGROUND:
The Tustin Boys & Girls Club is a non-profit organization that provides a safe, positive and
enriching environment for youth the ages of 5-18 years of age. The Club provides a
professionally trained staff to insure the development of positive self-esteem, proper
values, and healthy life skills through constructive educational programs.
Currently, the Tustin Boys and Girls Club has 750 children registered, with an average daily
attendance rate of 238 students. The Club presently transports approximately 180 children
from 23 different Tustin Unified Schools (see attached statistics).
With 10 full-time staff and 14 part-time staff, the Tustin Boys and Girls Club focuses on 5
core areas:
Agenda Report
December 5, 2017
Page 2
Programs & Services:
1) Character & Leadership Development: Empowers youth to support and influence their
Club and community, sustain meaningful relationships with others, develop a positive self-
image, participate in the democratic process and respect their own and others' cultural
identities.
2) Education & Career Development: Enables youth to become proficient in basic
educational disciplines, apply learning to everyday situations and embrace technology to
achieve success in a career.
3) Health & Life Skills: Encourages young people's capacity to engage in positive behaviors
that nurture their own well-being and helps them to set personal goals and to live
successfully as self-sufficient adults.
4) Sports, Fitness & Recreation: Encourages youth to develop an understanding for fitness,
social skills, team building skills and a positive use of leisure time.
5) Arts: Engages youth to develop creativity and cultural awareness through knowledge
and appreciation of the visual arts, performing arts, creative writing and crafts.
REQUEST FOR LOAN FOR ROOF REPLACEMENT:
The Tustin Boys and Girls Club has been good stewards of the property for the past 50
years and has maintained the facility in proper condition. Per terms of the current Lease
Agreement and subsequent amendments, the Boys and Girls Club shall at all times protect
and maintain, repair and keep the Lease Premises in a good order and condition (including
structural and non-structural conditions).
Recently, the roof of the facility has suffered from various issues and a roof replacement is
needed. The Club has received formal bids of $90,000 with a 20 -year warranty.
The needed replacement would put an extreme financial strain on the Club's finances. The
Club would like for the City of Tustin to consider providing a $90,000 capital improvement
contribution for the roof replacement. The City's contribution for the roof would be amortized
over 15 -years with 2% interest analogous to a loan.
Agenda Report
December 5, 2017
Page 3
RECOMMENDATION:
Staff recommends that the City Council direct the City Manager to execute the attached
lease agreement between the Tustin Boys and Girls Club and the City of Tustin and
authorize the City Attorney to make changes to the agreement consistent with the intent
of this approval.
2. That the City Council discuss a $90,000 capital improvement loan to the Tustin Boys
and Girls Club, amortized over 15 -years at a 2% interest rate.
FISCAL IMPACT:
Should the City Council grant a 15 -year loan of $90,000 at a rate of 2% to the Boys and
Girls Club, the City would receive an annual payment is $7,004.29 with interest of 15 -years
equaling $15,064.39 and an overall total repayment of $105,064,39. Currently the City
receives less than 2% in Local Agency Investment Fund (LAIF).
Year Principal Interest Total
1 $5,204.29 $1,800.00 $7,004.29
2
$5,308.38
$1,695.91
$7,004.29
3
$5,414.55
$1,589.75
$7,004.29
4
$5,522.84
$1,481.46
$7,004.29
5
$5,633.29
$1,371.00
$7,004.29
6
$5,745.96
$1,258.33
$7,004.29
7
$5,860.88
$1,143.41
$7,004.29
8
$5,978.10
$1,026.20
$7,004.29
9
$6,097.66
$906.63
$7,004.29
10
$6,219.61
$784.68
$7,004.29
11
$6,344.00
$660.29
$7,004.29
12
$6,470.88
$533.41
$7,004.29
13
$6,600.30
$403.99
$7,004.29
14
$6,732.31
$271.99
$7,004.29
15
$6,866.95
$137.34
$7,004.29
$90,000.00 $15,064.39 $105,064.39
CORRELATION TO THE STRATEGIC PLAN:
This item contributes to the fulfillment of the City's Strategic Plan Goal A, Economic and
Neighborhood Development, specifically addressing Strategy 6, by assessing and
Agenda Report
December 5, 2017
Page 4
exploring opportunities for expanded recreational activities with the implementation of a
joint use agreement with the Tustin Boys and Girls Club.
Attachments: Lease Agreement Dated 1967
Proposed Lease Agreement
Club Statistics
�hanie Najera I
for Manageme t An lyst
Parker
nager
ATTACHMENT 1
Lease, Agreement Dated 1967
1'1/4/82
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO.
ROURKE & WOODRUP? (JGR)
1055 N. Main St., !1020
Santa. Ana, CA 92701
THIRD AMENDMENT TO LEASE
IS AMENDMEN TO LEASE is made and entered into on this
w2Hday of �c.��, 1982, by and between the CITY OF
TUSTIN, a municipal corporation and THE BOYS' CLUB OF TUSTIN,
a California non-profit charitable corporation.
W I T N E S S E T Hz
A. On or about December 22, 1967, the parties entered
into that certain Lease of property described hereinafter.
B. The parties caused the said Lease to be amended by
Amendments to Lease dated September 30, 1980 and gt�Zae 17
1981.
C. The description of the demised premises is as set
forth in the legal description attached hereto, marked Exhibit
"A" and incorporated herein by this reference as though set
forth in full thereat.
b. The parties desire to further amend the said Lease.
NOW, THEREFORE, the parties hereto agree that the Lease
dated December,22, 1957 by and between the City of Tustin, a
municipal corporation and The Boys* Club of Tustin, a California
non-profit charitable corporation, as previously amended, is
hereby further amended as follows:
1. Section 18, Consent to a Sublease, is hereby added to
Article XIII, to read as follows:
"Section 18. Consent to a Sublease. Lessor hereby
consents to a sublease etween asses and Six star
Cablevision of Tustin, Inc., a California corporation, dated
October 15, 1982, together with the Addendum to Sublease also
dated October 15, 1982, in the form attached hereto 'masked
Exhibit 0130 'and incorporated hereby by this reference as though
set forth in full hereat.
Lessee hereby agrees to be responsible for repair of any
and all damage to the buildings and other improvements on the
premises occurring or arising by reason of the actions or
omissions of sublessee, and lessee further agrees to indemnify,
defend, save and hold Lessor harmless from any and all liability
from any claim or loss arising out of the installation, use,
and/or maintenance of the premises by sublessee."
IN WITNESS WBEREOF the parties hereto have executed this
Third Amendment to Lease the day and year first above written.
CITY OF TUSTIN, a municipal
corporation
APPROVED BY:
. Me
Y:
d �,-
CityAtonrttay
ftiilv*w
STATE OF CALIFORNIA )
) SS
COUNTY OF ORANGE
THE BOYS' CLUB OF TUSTIN, a
California non -prof charit-
ftble ati
l�a
BY:
On -[�J , 1982, before me, the undersigned,
a ota P; e n anof said State, personally appeared
u _ , known to me to be the, and
known to e to be the � of
YS IslCL OFS , a non-profit charitable California
corporation, the corporation that executed the within instrument,
known to me to be the persons who executed the within instrument
on behalf of the corporation therein named, and acknowledged
to me that such corporation executed the within instrument pur-
suant to its by-laws or a resolution of its Board of Directors.
WITNESS my hand and official Seal.
OFFICIAL SEAL
MELISSA L GIGLITTO
n t.0TARy PUSUC - CAOFORNIA
DPMQ1 MM
My calm. explrca JUL z5, t5&6
STATE OF CALIFORNIA }
) SS
COUNTY OF ORANGE )
NNot�ary PublIC In anel to, sa��
County and State
On , 1982, before me, the undersigned,
a Notary FEIN in ana f or sai tate, personally appeared RICRARD
EDGAR, known to me to be the Mayor, and [MARY WYNN, known to me to
be the City Clerk of the CITY OF TUSTIN, the City that executed
the within instrument, known to me to be the persons who executed
the within instrument on behalf of the CITY OF TUSTIN therein
named, and acknowledged to as that such City executed the within
instrument pursuant to a resolution or minute order of the City
Council of the CITY OF TUSTIN.
WITNESS my hand and official seal.
o ary FUM in ark for sa
County and State
-2-
MCORDING REQUESTED BY AND-'-,
39954 B1( 14201 PG 13 1
WHEN �MCORDED MAIL TO.
ROvRKZ *& WOODRUFF (JGR)
1055 V. Main #1020 SECOND AMENDMENT TO LEASE $9.OD
Santa Ana, CA 92701 C10
Tele: 714/835-6212
,THIS AMENDfIENT TO LEASE is made and entered into on
this 17 day of 1981, by and between the
CITY OF TUSTIN, a municipal corporation, and the BOYS' CLUB OF
TUSTIN, a California ton -profit charitable corporation.
W I T N E S S E T H:
A. On or about December 22, 1967, the parties enter-
ed into that certain lease of property described hereinafter.
B. The parties caused the said Lease to be amended
by Amendment to Lease dated September 30, 1980.
C. The description of the demised premises is as
set forth i.n_ the, legal..description.. attached hereto, marked
Exhibit "A" and incorporated herein by this reference as though
set forth in full hereat.
I D. The parties desire to further amend the said
Lease.
NOW, THEREFORE, the parties hereto agree that the
Lease dated December 22, 1967 by and between the City of Tustin,
,a municipal corporation and the Boys' Club of Tustin, a Calif-
ornia non-profit charitable corporation, as amended by Amend-
ment dated September 30, 1980, shall be and the same hereby is
amended by the amendments attached hereto marked Exhibit 'IS"
and incorporated herein by this reference as though set forth
in full hereat.
IN WINTESS WHEREOF the parties hereto have executed
this Second Amendment to, Lease.- the xray and year first, above
written.
ATTEST*
0
ww"D REQCrRi
jX Aqw ewsr. UWWU
CITY OF TUSTIN, a municipal
corporation
BY.,
BOYS' CLUB OF TUSTIN, a California
non-profit charitable corporation
13Y-.
M AM, AUG 31 '81 BY
STATE OF CALIFORNIA
ss.
COUNTY OF ORANGE
BK 14201 Pe 1317
On h L4 4'S i, /7"K, 1981 before me, the undersigned, a
Notary Pu In and or said State, personally appeared
'Aadl- i' known to me to be the President, and
,, known to me to be the Secretary of the
B LU TUSTIN, a non-profit charitable California corpora-
tion, the corporation that executed the within instrument,
known to me to be the persons who executed the within instrument
on behalf of the corporation therein named, and acknowledged
to me that such corporation executed the within instrument
pursuant to its by-laws or a resolution of its Board of Directors.
WITNESS my hand and
-------------
AFP€CIAL SE4:
NCiTAV PUBiIC•CAL:fCOMA
' PRINCIPAL MICE IN
ORANGE COUNTY
My Commission Expires Mar, 3,19$
STATE OF CALIFORNIA
COUNTY OF ORANGE
official seal.
NOTAW PU LI n and for said
Count d State
SS.
on rg(4jytgr /d" , 1981 before me, the undersigned; a
Notary Public in and or said State, personally appeared
JAMES B. SHARP, known to me to be the Mayor, and NARY WYNN,
known to me to be the City Clerk, of the City of Tustin, the
City that executed the within instrument, known to me to be
the persons who executed the within instrument on behalf of
the City of Tustin therein named, and acknowledged to me
that such City executed the within instrument pursuant to
a resolution or minute order of the City Council of the City
of Tustin.
WITNESS my hand and official seal.
OFFICIAL. sent
EVA A SOf1S
40TARY AUekr - CAWFORN€A
OMWE WM
MJr oar€r, "Okm 0M S, M
JCR:se:R%7/27/81 (11)
rli?/�✓ FSC .
NOTARY PUBLIC n and for said
County and State
eK 1420 1 PO 1318
EXHIBIT A
LEGAL DESCRIPTION OF PREMISES LEASED BY CITY OF TUSTIN
TO THE BOYS' CLUB OF TUSTIN BY LEASE OF DECEMBER 22, 1967
AS AMENDED BY AMENOMENT TO LEASE DATED SEPTEMBER 30, 1980
Being that certain real property situate, lying and being in
the City of Tustin, County of Orange, State of California,
described as follows, to -wit:
The Westerly 210.83 feet of the Easterly
397.04 feet of the portion of Lot Y of the.
Stafford and Tustin 'Tract, as shown on a map
recorded in book 2, page 618, of Miscellaneous
Records of Los Angeles County, California,
lying Northerly of the following described
line:
Beginning at a point in the center line of
Tustin Avenue (66 feet wide), formerly Newport
County Road, distant N. 00041555" W. thereon,
97.34 feet from the intersection of said center
lime with the center line of 6th Street (66
feet wine), formerly Sycamore Street, as said
Avenue and Street are shown on said map, thence
S. 67032134" E., a distance of 2507.69 feet
to a point on the center line of B Street
(66 ,feet wide), as shown on map of Tract
No. 541, recorded in Book 26, page 14, of
fliscellaneous flaps, in the office of the County
Recorder of said County of Orange, said point
being distant along said last mentioned center
line, 867.76 feet Southerly from the intersection
thereof with said center line of 6th Street:
EXCEPTING 'THEREFROM that portion thereof included
within a. strip of land 200 feet wide, the South-
westerly line of which is coincident with said
line thereinabove described.
EXCEPTING THEREFROM the easterly forty-one and
seventy five -hundredths feet (.41.751) thereof.
.SUBJECT to restrictions, reservations and
easements of record.
EXHIBIT A
BK 14201 pe 1313
EXHIBIT B
AMENDMENTS TO BE MADE TO LEASE FROM CITY OF TUS`rIN
TO BOYS' CLUB OF TUSTIN DATED DECEMBER 22, 1967
AS AMENDED BY AMENDMENT TO LEASE
DATED SEPTEMBER 30, 1980
1. Article I$ PREHISES, is hereby amended by the addition
thereto after the words "leased premises" in line 28, of the
following:
, subject to the reservation of a well site or sites
as hereinafter provided in Section 17.
2. Section 2, INDEMNITY, of Article VIII is hereby
amended to provide as follows:
Section 2. Indemnity
Notwithstanding any provisions to the contrary con—
tained in this lease, and irrespective of any insurance carried
by Lessee, Lessor shall not be liable, and Lessee shall defend
indemnify, and hold Lessor harmless against all liability and
claims of liability, for damage or injury to person or property
on or about the premises from any cause whatsoever, including
but not limited to the passive negligence of Lessor or latent
defect or dangerous condition on the premises, but excluding
claims based on the sole negligence or willful misconduct of
Lessor and/or its officers and employees. Lessee waives
all claims against Lessor for damage or injury to person or
property arising, or asserted to have arisen, from any cause
whatsoever.'
EXHIBIT B
—1—
" EXHIBIT i3 0
BK 1 P3 320
3. Article X, DESTRUCTION, is hereby amended as follows:
A. After the words "occurrence of such partial
destruction" on page 10, line 7, there shall be inserted the
words "and/car in the event that said repairs are not carried
forth to completion with reasonable dispatch".
H. Subparagraph (b) on page 10, lines 16-30 shall
be deleted.
C. Section 2, Total Dostruction, is hereby amended
by the deletion of the words on page 11, Lines 3 and 4 "for
any cause ,for which Lessor is not responsible" and by the amend-
ment of the sentence on page 11, commencing on line 7 with the
words "in the", to read as follows: "In the event that the
repairs to or rebuilding of said improvements have not been
commenced 'within one (1) year after such destruction and/or have
not been carried to completion with reasonable dispatch, Lessor
may terminate this Lease by giving timely, written notice to
Lessee of its election to terminate."
4. Section 17, Well Site, is hereby added to Article XIII,
to read as follows:
Section 17. Well Site.
There is hereby reserved to Lessor such portion
or portions of the westerly forty-one feet (411) of the demised
premises, as are now, or hereafter, and/or from time to time,
may be reasonably required, necessary or convenient for Lessor
to install, construct, repair, replace, restore and/or maintain
a well site or sites, together with all reasonable access for
ingress and egress thereto and therefrom. Such site or sites
shall be located, constructed and maintained by Lessor in
EXHIBIT B
_2_
EXHIBIT 8 BK 94201 po 132
such manner as to minimize interference with the uses and
activities of Lessee insofar as is reasonable.
5. Exhibit "A", legal description for lease between City
of Tustin and Boys' Club of Tustin is hereby amended by the
addition thereto of the following:
SUBJECT to the reservation and exception from the
demised premises of a well site or sites in the westerly
forty—one feet (411) of the demised premises as provided in
Section 17 of Article XIII.
EXHIBIT B
—3—
t ti, BK '142U I '' JL
of oMW CWMV. CAGFO WIA
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO: 39955 -g 0 AM AUG31 '8
ROURKE & WOODRUFF (JGR)
1055 N. Main #1020
Santa Ana, CA 92701 AMENDMENT TO LEASEffE0001 Uth IRA=, Coanyt Neter+
Tele: 714/835-6212
THIS AMENDMENT TO LEASE is made and entered into by and between
CITY OF TUSTIN, a municipal corporation, and the BOYS CLUB OF TUSTIN,
a California non-profit charitable corporation this 301 day of
1980.
14 T T N E S 5 E. T Hs
A. On or about December 22, 1967, the parties entered into
that certain lease of property described in the legal description
attached hereto marked Exhibit A and incorporated herein by this
reference (hereinafter "the leased premises").
B. A portion of the leased premises is unused and essentially
unusable by the Bays' Club of Tustin.
C. The parties desire to amend the description of the leased
premises to delete this unused portion of property.
NOW, T'HEREF'ORE, the parties hereby agree that the lease dated
December 22, 1967, by and between the City of Tustin, a
municipal corporation, and. the BOYS' CLUB OF TUSTIN, a California
non-profit charitable corporation, be, and the same hereby is
amended as follows:
1. The leased premises are amended to delete the easterly forty-
one and seventy-five hundredths .feet (41.751) ,feet therefrom and
the legal description of the lease (Exhibit A of the original
lease dated December 22, 1967) is hereby amended to read as set
forth in the legal description attached hereto marked "Exhibit B"
and incorporated herein by this reference as though set forth in
,full hereat.
1
BK 14201 PO 1323
2, The lease between the parties dated December 22, 1967,
shall remain in full force and effect and unamended except as
expressly set forth hereinabove.
IN WITNESS WHEREOF the parties hereto have executed this Amend-
ment to Lease on the day and year first above written.
CITY OF TUSTIN,
a municipal corporation
ATTEST:
CIZf CLERK()
BOYS' CLUB OF TUSTIN
a California non-profit
charity corporation
PRBMENT
E BETA �..
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE
on _P+urrayr .241, 19$/, before me, the undersigned, a
Notary Public in and for said State', personally appeared
sA.%xs B. s�ia r known to me to be the Mayor and MARY WYNN, known
to me to be the City Clerk of the City of Tustin, a municipal
corporation, that executed the within instrument, known to me to
be the persons who executed the within instrument on behalf of
the City therein named, and acknowledged to me that such City -
2
e
r
BK 14201 po 1324
executed the within instrument pursuant to a resolution of the
City Council of the City of Tustin.
WITNESS my hand and official seal.
N
OFFICIAL. SEAL 140TARY PUBLIC in and for~ said ` State
EVA 1 MUS
0010Y PUSLIC • CA',.,
Aly cavh% oWm& tem .,
E41
Y..
STATE OF CALIFORNIA I
i 66,
COUNTY OF ORANGE I
On S-� b�r�36'' , 1980,
before me, the undersigned, a Notary Public in and for said
State, personally'appeared T� • , }7; l/ , known to
me to be the President and _tfr_., known to
me to be the Secretary of the California non-profit charitable
corporation that executed the within instrument, known to me to
be the persons who executed the within instrument on behalf of
the corporation therein named, and acknowledged to me that such
corporation executed the within instrument pursuant to its by-laws
or a resolution of its Board of Directors.
WITNESS my hand and official seal,
3
NOT Y PUBLIC n an or sa State
•`...._. �cw.7axaeuw�wnr
�r C"MAL SNA!
NORMA .I. STEN IENSON
JGR:se:D:9/15/80
JGR:se:R:9/19/80
w nro:R=::wrauc•aA.�onwiA s
rr ,� koura�r
My Cammi4an Egims Mat. 11981
3
BK 14'201 pG 1325
LEGAL 1al;.'WRIPTION FOR
J•a:AfoJ', Jsa'.1'aIVI- N 'I'aaas CITY OF
"Al:;TIN A14D UIP, MY6 r a'a,UH OF'i`U:i'"'] N
nninti thot t;ca,t:ai.n ir:al pl,opov,t.y t;i.tuat'n, lyin,; .:ar+i a:..irrrJ
in int; rity of i r.,l'in, romil.y of Or,ovie, '31,0,t- ir.t I.:•'ai�r.,i�i•;r
c4st.ri,br;d as follows, to wit:
The Voj',i;rrly 210.83 foc;t of 1hr, a':t::,ir•"ly
:697.00 fcnt of the pottioat of F'ot V tit t iv,
St,trCord ¢road Tustin Tract, :a;s -hown on .n i
recot.r.1,A in Sook 7., pSvjo 63R, of
Records of Las Angotles CouaaLy, C:al•i(eirni�:,
lying NuLthcurly+ of tate following d< st-ribor",
Gina:
Roginning At a point .in the c,:u ilio 1 `.nc of
xusi.in Avenue (66 J.tct wide), fox,:,":rly
county Road, distant N. 00 041 'r5" V% t hr k von,
97.34 feat from the hater--ec:tion of :r•ai.d ernInr
Zinc with the contr-r line or Gt:h Sir" wt: (',6
.feet wirle) , forraorly Sycium,'n-e S1 r ooV, as ;.;ii e3
Avenue end St',a:oot ara shown on S+niid r,ip tasr„c:i:
S. 670 32" 34" J•,. , a disLance of 2507.69 fr,,vt-
to a point on the canter line of B Stroll,
(66 poet wide) , as shown on map of 'x r,:ct
No. 547., recorded in Book 25, pare 14, of
Miscellaneous Maps, in the office of the C:tata,.ty
Recorder of said County of Cir.ange, nP i d I)Oiaa3;
being distant along said last mentioned canter
line, 1367.76 feet Southerly from the inLernvc:tion
thereof with said cantor line of 6th st rcet.
k,XC:EPTSNG 1'HEa3i-:t^ROM that potl:i.an t•horcrif i,mciaused
within a snip of land 200 feet wide, the South-
westerly line of which is coincident with F Aid
lane 1heroinabove described.
S(U4JV,CT to resi t`i.ut'irrns, xur,nrvn1.icns mCi
rust-ancnts of record.
FW0M ,$ MEMO: LEGIBILlry 0�t7NQ,
'�!'►' WO OR MUNTY44 umUTISFA!?JCltiY p4f Vi WHEAJ flBCEIveo.
EXHIBIT 1.1
SK 14201 pa 132E
L8GAL 0HSC1?1PTXUN FOR
1,11ASE 13E.TWFEN THE CITY OF
TUSTIN AND TTIE BOYS' CLUB OF TUSTIN
Being Lhat certain real properly situate, lying iind buiiiq
in the City of Tustin, County of Orange, State of CalifoLnia,
described as follows, td wit:
The Westerly 210.83 feet of the Easterly
397.00 feet of the portion of Lot Y of the
Stafford and Tustin Tract, as shown on a map
recorded in Book 2, page 618, of Miscellaneous
Records of Los Angnles County, California,
lying Northerly of the following described
line:
Beginnipg'at'a point in the center line of
Tustin Avenue (66 feet wide), formerly Newport
County Road, distant N. 00 041 55" W. thereon,
97.34 feet from the intersection of said center
line with the center line of 6th Street, (66
feet wide) , formerly- Sycamore Street, as said
Avenue and Street are shown an said niap; thence
S. 670.32' 3411 E., a distance of 2507.69 feet
to a point on the center line of B Street
(66 feet wide) , as shown on map of Tract
No. 541, recorded in Book 26, page 14, of
Miscellaneous Maps, in the office of the county
Recorder of said County of Orange, said point
being distant along said last mentioned center
line, 867.76 feet Southerly from the intersection
thereof with said center line of 6th Street.
EXCEPTING THEREFROM that portion thereof included
within a strip of land 200 feet wide, the South-
westerly line of which is coincident with said
line thereinabove described.
EXCEPTING THEREFROM the easterly forty-one and
seventy five -hundredths feet (41.751) thereof.
SUBJECT to restrictions, reservations and ease-
ments of record.
EXHIBIT B
RECITALS
1. The City of Tustin, a municipal corporation
("Lessor"), and The Boys' Club of Tustin, a California non-
profit charitable corporation ("Lessee"), are parties to a
lease of certain real property located at 590 'West Sixth
Street, Tustin, California (the "Premises") dat d De tuber
22, 1957, and amended September 30, 1990, and y17 ,
1881 (the "Lease").
2. Lessee has signed a sublease (the "Sublease")
with Six Star Cablevision of Tustin, Inc., a California
corporation (the "Sublease*"), which would allow the Sublessee
to use a utility room and a portion of the roof of the building
located on the Premises for the reception and transmission;
of cable television signal. A copy of the Sublease is attached
hereto as Exhibit "A" and incorporated herein.
3. The Lass& requires in Article IK, Section 2,
that Lessor consent in writing to any sublease of the Premises
by Lessee.
4. Article TTI restricts Lessee's use of the
Premises to "maintaining a norl-profit, education and recteational
facility of a varied type, generally used for similar Boys'
Clubs chartered throughout the United States by the Boys
Club of America, and other purposes incidental and related
thereto."
S. Article VII, Section 1 of the Lease provides '
that the building, structures or improvements constructed or
placed on the premises shall not be altered, remodeled,
removed or destroyed by either panty to the Lease without
the written consent of the other party.
6. Article VII, Section 4 of the Lease provides
that improvements made by Lessee to the Premises shall
immediately become the property of Landlord.
1. Pursuant to Article IX, Section 2 of the
Lease, Lessox hereby consents to the Sublease on the terms
not forth in the Sublease attached hereto.
2. Notwithstanding Article II of the Lease,
Lessor hereby consents to the use of the Premises by Sublessee
set forth in Section 4 of the Sublease.
3. Lessor hereby consents to Subiessee'es making
of the alterations and improvements set forth in Section 7
of the Sublease; Lessor further consents to Section 17 of
the Sublease which allows the -Sublessee to remove its
Improvements at the expiration of the term of the Sublease,
or upon any earlier termination of such term.
MVE40
101482 Page l of 2
This consent was entered into this 5th day of
Deaember,.7.982.
ATTEST:
(Seal)
APPROVED
City Attorney
0
THE CITY OF TUSTIN,
a municipal corporation
ZY
MVw40
101382 Page 2 of 2
3
4
5
6
7
a
9
10
11
12
23
14
16
16
17
L B A S B
THIS LF -AM, entered into thio.-Vday of December,
1967, by and between TIM CITY OF TUSTIN, a -municipal corporation,
hereinafter referred to as "Lessor", and BOYL'CLUYO"V
TUSTIN, a nor. -profit, charitable California corporation,
hereinafter referred to as "Lessee".
R B C. I T A L S
Lessor is the owner of certain real property= In the
County of Oran5e, State of Caligornia, more particularly
described in 9>xticje I hereinafter; and
Lessor desires to lease said property to Lessee, and
Lessee desires to lease said property from Lessor;
ANOW, TMEFORID, in consideration of the foregoing,
and the xautual covenants and agreements hereinafter contained,
the parties hereto do hereby mutually agree as follows;
ARTICLE I
Pit MISUS
Lessor hereby leases and demises to Lessee, and
Lessee hereby leases and takes from Lessor, for the term,
at the rental sum, and u-;= the conditions 'set fort'.". hereinafter,
those certain premises in the County of Orange, State of
California, more particularly descriL%ed in E%hibit ".414, uhich
is attached hereto and by this reference made a part hereof
as if set forth in full, together with the perizanent in-Yroverients
which shall be constructed and located thereon by Vne. Lessee;
said land and is movements are hereinafter referred to as the
"leased premises".
TE.kD-.',
"Ohe tern of this lease shall be for a period Of fift6v
(50) years, =nnnenclrc, u-aon thed-Z-9fdav 190 ,/
I
2
3
4
5
6
7
i$
19
20
21
22
.23:
i24:
25
261
27
28
29,
ao
31
32
provided, however, that if for any reason, subject to the pro-
visions of Section 12 of Article X111 hereinafter, Lessee has
not performed each and all of its obligations as specified in
Article IV, Lessor may, at its sole option, terminate this
Lease, upon one hundred and twenty (120) days' prior written
notice to Lessee.
ARTICLE III
USE OF PREMISES
Lessee shall use the leased premises solely for the
purposes of maintaining a non-profit, educational and recreational
facility &- a varied type, generally used for similar Boys'
Clubs chartered throughout the United States by the Boys'
Clubs of America, and other purposes incidental and related thereto
Lessee shall not use or permit said premises or any part thereof
to be used for any other purposes without first obtaining Lessor's
written consent.
Lessee shall observe and comply with all laws, orders,
regulations, rules, ordinances and requirerients of the federal,
state, county and city governments, and of all other governmental
authorities, affecting the leased premises or appurtenances or
any part thereof, and all of their deparizients, bureaus or
officials, whether such laws? orders, re�.,ulations, rules or
ordinances relate to alterations or repairs, to or in and about
the leased premises or to chanes or requirements inci6ent to
or as a result of any use or occupation thereof, or otherwise,
and whether the sane are enforced at the conmencement of the lease
terra. or may,, in the future, be passes, enacted or directed, and
Lessee shall pay all costs, expenses, claims, fines, penalties and
danagas that innay in any manner arise out of or be iisnposed 'because
of failure of Lessee to coATVly with the provisions of this
paracraph.
it is agroed and undiarstood by the parties hereto that
Ma
is
17
is
19
20
21
22
.25
24
25
26
27
98
99
so
31
32
in the event Lessor, in its varied capacity as a municipal
corporation, should enact, adopt or enforce a rule, ordinance,
regulation, law or policy which forces a unique hardship on
Lessee not generally borne by other charitable organizations with
the City of Tustin, California, Lessee's performance under this
Article shall be excused to the extent of such hardship. Lessee
also agrees not to conduct or pormit to be conducted any public
or private' nuisance thereon, nor to connit or per: it to be
cowatitted any waste upon -the leased premises.
Lessee shall permit the use of the leased promises, in
whole or in part, for civic, educational and charitable purposes
by other charitable, non-profit organizations, which are recogniz
in writing by Lessor and which are exempt from all federal,
state, and local income and property taxation, to the extent that
such use is not incompatible with the use of the leased premises
by Lessee. The detervination of such incormatibility shall be
made by reasonable exercise of discretion of the Board of
Directors of the Boys' Club of Tustin.
ARTICLE IV
RENT
Section 1.
For and during the tern, hereof lessee agrees to pay
Lessor as annual rental for the leased vreraises the sur. of One
Dollar (41,00). The first rental installment shall be paid upon
the first day of the tern: of this Lease, and shall be paid
annually in advance on or before the first day of each and every
calendar year during said terra,
Section 2.
As a6ditional rent, consideration and benefit to Lessors
Lessee shall construct inprovements as hereinafter provided, which
said improvements shall revert with the deraised prernises to the
Lessor at the end of the terra of this said Lease, or upon ary
-3-
I earlier termination thereof. Said improvements shall be
2 constructed at Lessee's sole cost and expense, and shall conform
3 to plans and specifications prepared by Lessee at its sole cost
4 and expense, and approved by Lessor, which said approval Lessor
5 agrees not to unreasonably withhold.
6 Section 3.
On or before January 1, 1969; Lessee shall submit to
8 Lessor for its approval plans 'and specifications for the cDnstructj
9 on the leased premises of permanent improvements of an estimated
10; original construction cost of not less than One hundred Thousand
Dollars 100,000.00).
12 Section 4.
13j on or before January 1, 1970, Lessee shall commence
141 construction of said improvem.ents, or of a part of said constructic
15 to the extent of a reasonable value of not less than one-half of th
16total estimated construction cost of said approved improvements.
171 Lessee shall diligently pursue such work to completion. Lessee
15 shall not authorize any variance from the plans and specifications
19, approved by Lessor, without the prior written approval of.Lessor;
20 provided, however, that Lessee need not secure such written approva
21 for any single variance which would increase or decrease the
221
:1 cost of construction by more than Two Thousand rive 1-u-ndred Dollars
, il($2,500,00), or for all variances authorized during the course of
24 construction which would increase or decrease the cost of construc-
25 11 tion by more than Ton Thousand Dollars (* 10,000.00).
26 Section 5.
27 On or before July 1, 1970, said improventents, or one-half
28 thereof, as hereinabove specified, shall be completed.
291 Section 6.
30 On or before January 1, 1973, Lessee shall have commenced
31 construction upon the remaining one-half of the said improvemaants,.
32 as hereinabove specified.
I Section 7.
2 on or prior to July 1, 1973, Lessee shall have completed
3 construction of the balance of said improvements.
4 ARTICLE V
5 TAXES AM ASSR:SSI-MTS
6 Section 1. Real and Personal Froperty
7 Lessee agrees to pair„ at least ten (10) days prior to
8 the date of delinquency, all real property taxes and assess.n.tents,
9 if aryl which may be assessed against the leased Premises.
10 Lessee shall also pay all taxes and assessments, if any,
4 any nature levied against any personal property, trace fixtures
12 or improvements belonging to Lessee on or about said leased
13 promises.
14 Section 2. Payment by Lessor
151 In the event Lessee fails to pay such taxes, assessments
16 '
11 or charges, it any, Lessor may, at its option, at any time during
17 said ten (10) day period or after delinquency, pay any such
18 taxes, assessments or charges, together with all penalties
19 and/or interest which may have been added thereto by reason of
20 any such delinquency or default, and may likewise redeem the lease
21 promises, or any part thereof, or the buildings or improvements
22 located thereon, from any tax sale or sales. such amounts
.23 so paid by the Lessor shall be inzediately paid by Lessee to
24 Lessor.
a ARTICLE VI
UTILITIv!S
97 During the term hereof, Lessee agrees to pay, when
2 j due, and to hold Lessor harmless from any liability for,any and
2gl all charges and/or assessments for water, sower, gas, electricity,
30 telephone and all other forms of utility services of every kind
31 and nature supplied to and used on the leased premises, including
32 all charges for installation of meters, conduits or other
I
4
7
10
4
12
13
14
is
16
17
is
19
20
21
92
-23
U-1
25i
261
27
26
29
30
31
321
facilities required for such service.
ARTICLE VII
ALTERATIONS, KNIXTEMANCE AN -D REPAIRS
Section 1. Alterations
Neither Lessee nor Lessor shall at any tine alter,
remodel, remove or destroy any building, structure or improvement
constructed or ulaced on the leased =eniises without first
obtaining the written consent of the other party hereto.
section 2. Re*aiis and Xaintenance
Any and all buildings and iTVrovements which may by
either party hereto be erected or constructed on and become a part
of said leased premises, pursuant to the terr..,,s hereof, shall
during the term of this lease be kept and maintained in good
repair and order, except for normal wear and tear, at the sole
cost an4 expense of Lessee.
Section 3. IV7aiver_Gf Repairs
Lessor shall not be obligated to construct or make
any irmrovements, alterations, additions or repairs to or upon
the leased premises, or any part thereof, or any buildings or
improvements located thereon, and the parties hereto do expressly
waive any provisions of lav in contravention thereof; provided,
however, and notwIthstanding the foregoing, upon written
request of Lessee, Lessor may a5roe, yet in no manner must
Lessor agree, at any time to alter, remodel, remove or destroy
any buildings, structure or imprQvez.ent constructed or placed on
the leased premises upon such terms as the parties may then agree.
Section 4. 'Alterations, 11rar-rovements ane, Repairs byLessee
If, after first obtaining the %=itten consent'of Lessor
in accordance with Section I above, Lessee should alter, remodel, 1
remove or destroy any building, structure. or improvement
constructed or placed on the leased nremises, or should construct
or place any new buildings, structures or im-provements on the
-6-
said premises, all such improvements, alterations or additions
which are made by Lessee shall immediately become the property
of Lessor as part of the leased premises, subject to the covenants
4 and conditions of this lease. Lessee agrees, at all time, to
save and keep Lessor and the leased premises free and harmless
6 from any and all liability on account of, or in respect to,
7 any mechanic's leins or liens in the nature thereof., for work
8 or labor done or materials furnished in anyway at the instance of
9 or request of the Lessee, in about or upon the leased premises;
10 provided, however, that the Lessee shall have the right to contest
4 the claim of such lien or liens, in which event the Lessee shall
12 furnish to the Lessor a sufficient surety bond executed by a
13 reputable and responsible surety company, in at least the
14 amount of such claim of such lien,,conditioned upon the diligent
15, prosecution of said defense, to hold the Lessor free and clear of
16 all loss, cost, damages and expenses of every kind and nature
17 arising directly or indirectly out of said contest, and Lessee
18 also agrees to pay any judgment that nay be so obtained forthwith.
19 ARTICLE VIII
20 INSURANCE AND INDE-WITY
21 Section 1. Insurance
22 Lessee agrees:
.93, (a) To procure and maintain a policy or policies of
241i
public liability and property damage insurance in a rood and
25 solvent insurance company or companies, such insurance to afford
26 protection to a limit of not less than Three Hundred Thousand
27 Dollars C 300,000.00) for injury or death of one person, and
28
Five Bundred Thousand Dollars 500,000.00) with respect to any
29 one accident, and to the limit of not less than riftv Thousand
3, Dollars 50,000.00) for -0 property damage. The obli5ation of the
31 Lessee contained in this subparagraph shall be deemed satis-JUed
32 upon the annual tender to Lessor of a certificate from the
3
4
5
6
7
8
9
MI
-181
191
201
24
25�.
96
27
28
29
30
31
321
insurance company or companies providing the comprehensive liabilii
policies for all of Lessee's operations indicating that the
requirements of this subparagraph have been met;
(b) At all tines during the term hereof to obtain
and maintain in force, if required, at Lessee's sole expense,
worltmen's corepansation insurance covering all yazsons employed
in connection with any work being done or any service being
perforned on the leased premises,
(c) To procure and vvAintain at all tives during the
term of this lease extended coverage fire, t:.ezft and destruction
insurance against any loss or damage covered under the standard
form of extended coverage insurance now in use in the State
of California, covering the leased premises, including all
improvements, buildings, fixtures and personal property upon
said leased premises to the full insurable value thereof;
(d) To deliver to Lessor, upon written de7zind,
.certificates of coverage evidencing the insurance procured
by Lessee under the terms hereof;
(e) To pay any and all premiums or other expenses
arisinv in connection with the furnishing of such insurance by
Lessee as hereinabove, provided;
(f) That all insurance policies shall contain a provisic
that said policies shall not be cancelled or terrlinated without
at least twenty (20) dayst prior written notice fro: the
insurance co.mzany to Lessor, and that the ir.surence co,,.-ipary will
sive said notice if said insurance is not maintained or renewed
by Lessee at aky time. Lessee a5rees that prior to any
expiration of any I insurance policy, Lessee vill celiver'to Lessor
written notification in the form of a recei-�t or other siriilar
document fru:.,, the applicable insurance that said. policy
or policies have been renewed, or deliver: coxti--'-Jlcates of coverage
fror- a-cther rood and solvent insurance co--7any -'-or at least the
-8-
same coverage. All insurance policies shall have the Lessor
naned in such policies as one of the assureds.
Section 2. IgggMaktt
Not -withstanding anything to the contrary hereinabove
contained, and irrespective of any insurance carried by Lessee,
6 yet subject to the terms of Article X hereinafter, Lessee agrees
7 to protect, indenmify and save Lessor har=mless from any and all
8 darnaves or liabilities of whatsoever nature arising out of or in
9 connection with t1he use, occupancy and/or operations carried
10 on by Lessee on the leased prerises..
12 ASSIMMMT AND SUBLEASING
13 Section 1. kssiSnment
14 Lessee shall not assign this lease, in Whole or in part,
15 by operation of law or otherwise, without the prior written
16 cor.sent and approval of Lessor, and any such assignment without
17 such written consent shall be invalid and void for all purposes.
181 Section 2. sublease
19 Lessee shall not sublease all or any portion of the
201 leased premises, by operation of law or otherwise, without the
211 prior written consent and approval o€ Lessor, and any such
sublease without such written consent shall be invalid and void
23{t for all purposes.
94 PORTICLIS
1
251
DESTRUCTION
26 Section 1. Partial Destruction
27 1 (a) in the event of destruction, other than that
281 4ntanded pursuant to the terms of ixticle I'll hereinaboVep of
29 less than forty percent (40t), in terms of area, of the physical
30 improvements being a part of the leased premises during the terra:
31 hereof for any cause for wich the Lessor is not responsible, uncle
32 the law of the State of California applical--le to private parties,
Lessee agrees to forthwith repair the same. Such partial
2 destruction shall in no event annul this lease nor shall it
3 affect in any manner any of the terms and/or conditions of this
4 lease while such repairs are being made. in the event said
repairs art not substantially underway, although they need not be
6 completed, within one hundred and eighty (180) days after the
71 occurrence of such partial destruction, this lease may be terming
8 at the option of either party hereto by giving written notice to
9 the other party of election to terminate; provided, in the event
10 of such termination, that Lessee agrees to assign and/or pay
41 to Lessor any benefits, claims, damages or awards, if any, which
12 Lessee may receive, or to which it may be entitled, from any
13 insurance coverage to the extent of the market value, immediately
14 prior to such damage or destruction, of the portion of the
151 improvements so destroyed.
16 (b) in the event such partial destruction is the
17 result of any cause for which Lessor is responsible, under
18 said law of the State of California applicable to private
19 parties, Lessor agrees to either: (1) repair such destruction
20 within the one hundred and eighty (180) day tire limit set forth
P'll hereinabove; or (2) to pay to Lessee the actuarial use value
P. . 21 of the remaining term, for all of the leased prwcises, of this
.231 lease and terminate this lease upon timely written notice to
24 Lessee. Regardless of the alternative chosen by Lessor, under
25 the preceding terms of this sub -section, Lessee agrees to assign
26 . and/or pay to Lessor any and all benefits, claixiis, damages or
27
awards, if any, which Lessee may receive, or to which it may be
28 entitled, frox any insurance coverage to the extent of the market
29 value, iit)rLediately prior to such damage or destruction, o:E the
30 improvements so destroyed.
31 Section 2. Total 'Destruction
32 (a) In the event of destruction, other than that Trade
4
7
10
11
12
13
is
16
17
is
19
20
21
22
.23
24
25
96
27
28
291
30
311
321
pursuant to Article VII hereinabove, of more than forty percent
(40%) in terms of area, of the improvements being a part of the
leased premises, for any cause for which Lessor is not
responsible, under said law of the State of California applicable
to private parties, Lessee shall have the.option to: (1)
rebuild said imnrovenri.ents; or (2) to terminate this lease by
giving timely written notice of its election to Lessor. In the
event that the repairs to or rebuilding of said improvements are
not substantially underway, although they need not be completed,
within one (1) calendar year after such destruction, Lessor
may terninate this lease by giving timely, written notice to
Lessee of its election to terminate. In the event Lessee elects
to teryainate this lease, Lessee agrees to assign and/or pay
to Lessor any benefits, clair.s, damages and awards, if any,
which it may receive, or to which it may be entitled, from
any insurance coverage to the extent of the market value
of the improvements destroyed irmLediately prior to such
destruction. In the event Lessee or Lessor elects not to
terminate this lease, then while such im.proveraents are
being repaired or replaced, the terms, conditions and provisions
of this lease shall in no nai�*zaer be annulled or affected.
(b) In the event such destruction is the result of any
cause for which Lessor is responsible, under said law of the
i State of California applicable to private narties, Lessee agrees
to either: (1) repair such destruction -vithin the one (1) year
time limit set forth hereinabove, or (2) to pay to Lessee the
actuarial use value of the remaining terr., for all of the leased
preff,ises, of this lease and terminate this lease by timely, written
notice to Lessee. Regardless of the alternative chosen by Lessort
under the preceding terms of this sub -section, Lessee agrees
to assign and/or pay to Lessor any and all benefits, claims,
damages or awards, if any, which Lessee may receive, or to waich
it may be entitled, from any insurance coverage to the extent
2 of the market value, immiediately prior to such dstruction, of the
improvements so destroyed.
4 ARTICLE XX
6 CONDMNIMON
6 12 during the tern, of this lease there is a taking or
7 transfer or damage to all or any part of the land subject to this
8 lease for public use by an individual or entity, public or private,
9 possessing the power of eminent domain, including Lessor, Vbether
10 by a condemnation proceeding or otherwise (hereinazfter referred to
4 as a "taking"), the rights and obligations, in regard to such
12 taking, of the Lessor and Lessee, as to their respective
13 interests in this lease only, shall be governed by the provisions
14 of this article.
15 Section 1. Date of TakipS,
16 In the event only a portion of the leased promises is
17 taken, yet the Dart remaining is not reasonably susceptible to
18 the use to which Lesseehad put the promises prior to such
19 taking, or if no land is actually taken but the entire property
20 is damaged by reason of the taking of access rights or similar
21 valuable property rights so that the entire remainder is not
22 reasonably susceptible to such use, then this lease nay be
123 terminated at the option of Lessee upon written notice to
24: Lessor. Such option to terr4nate must be exercised prior to the
26; earlier of the following dates: (1) the expiration of one
261 1 hundred and twenty (120) days after the service of summons in
27 any condemnation action; or (2) on the date legal possession
SBtIor physical possession is Taken. Such termination shall be
29
effective no later than the date of the filing or recording of
30 a final order of condemnation or final Judgment or the date the
31 condemnor takes legal or physical possession, whichever occurs
32 first.
R
a
3
4'
5
6
7
8
9
10
4
12
13
14
1s
1.6
17
18
19
20
21
22
.23
24
25
26
27
28.
29
30
31
321
Section 2. Total Takinc3
In the event of a total taking, this lease shall
terminate subject to the provisision of Section 5 herein,
as of the date of taking as herein defined.
Section 3. Partial Taking
In the event only a ,portion of the leased premises
is taken, yet the part remaining is not reasonably susceptible
to the use to which Lessee had put the premises prior to such
taking, or if no land is actually taken but the entire property
is damaged by reason of the taking, of access rights or similar
valuable property rights so that the entire remainder is not
reasonably susceptible to such use, 'thea this lease may he
terminated at the option of Lessee upon written notice to Lessor.
Such option to terminate must be exercised prior to the earlier
of the following dates; (1) the expiration of the one hundred
and twenty (120) days after the service of the summions in any
condemnation action; or (2) on the date legal possession or
physical possession is taken. Such termination shall be
effective no later than the date of the filing or recording of
a final order of condemnation or .final judgment or the date the
condemnor takes legal or physical possession, whichever occurs
first.
Section 4. Rental, Adjustment
This lease shall, as the part taken, terminate as of
the date of taking as herein defined, yet the rent payable
hereunder shall not be adjusted or affected thereby.
Section 5. abandonment of Condemnation Proceedings
in the event the condemning agency shall abandon an
eminent domain proceeding after serviced any notice of
termination by Lessee, as provided for in Section 3 herein,
then Lessee may, at its option, revoke and cancel such notice
by notifying 'Lessor in %-,, iti.ng, not more than sixty (60) days
-13-
9
10
11 �
12
13
14
15
16
17
18
19
20
211
22l
-23
24
25
26
27111
2E
2;
U
31
32
after there has been an express or implied abandonment in section
1255 (a) of the California Code of Civil Procedure, or any amendmen;
thereof. Upon an express or implied abandonment, either party
hereto shall have a right to contest the condemnor's
abandonment and a right to its respective costs and disbursements
as defined and provided for in said California code of civil
Procedure, Section 1255 (a) or any amendment thereof.
If, after the condemnor takes possession or the Lessee
moves from the property sought to be condemned in compliance with
an order of possession, the condermor abandons the proceeding
as to such property or a portion thereof, or if it is determined
that the condemnor does not have authority to take such property
or a portion thereof by eminent domain, and the condemnor is
required by law or deliver possesion of such property or such
portion thereof to the parties entitled to possession thereof
and pay da."aages•as are provided for in -California Code of
Civil Procedure, section 1255(a) or any amendment thereof, then
Lessee and Lessor shall divide the award of such damages, according
to the ratio by which their respective losses bear to each
other, and the Lessee shall be entitled to retake possession of the
premises, and, in the event of such repossession by Lessee,
all of the terms of this lease shall remain in operation.
Section 6.Apportionment of Award
In the event•that an award is made for the taking or
damage of the land and improvements which are the subject of
this lease in any action in direct or inverse condemnation, or
in the event of a transfer in lieu thereof, the parties hereto
agree that their respective rights to the award or compensation
paid shall be as follows:
(a) All of that portion of the award or compensation
received for the appropriation of the leasehold estate created
hereby shall be awarded to Lessee.
-14-
I
4
6
6
7
8
9
10
4
is
13
14
15
16
171
27
28
29
30
33.
32
(b) All of the remaining portion of the award or
compensation, including all damages for severance, shall be
awarded to Lessor.
If there is an award made pursuant to a judgment and
neither party can agree as to the values to be assigned to
their respective interests in such award, the values cf these
interests shall be determined under a proceeding governed
by California Code of Civil Procedure, Section 1246.1 or any
amendment thereof. Neither party will do any act or make
any agreement whicg will impair the legal obligation of the
condemnor to bear the costs of such proceedings. Both parties
agree, however, that in the event such a proceeding is used, the
rights of the respective parties hereto shall be governed by
the f6rmula set forth herein.
If there is a transfer in lieu of condemnation and
the parties cannot agree as to their respective interest in
the consideration received, a timely appraisal of their respective
interests shall be conducted by three appraiser, each of whom
is a member of the American Institute of Real Estate
Appraiser, qualified for the purpose of appraising this type of
property. The appraisal of each appraiser shall be made in
accordance with the then standard practices of the American
institute of Real Estate Appraisers.
Within thirty (30) days after service by Lessee of a
iwritten notice demanding appraisal, Lessor shall appoint in
1writing an appraiser and give written notice thereof to Lessee,
and within thirty (30) days after service by Lessor of such
written notice, Lessee shall, in a like manner, appoint an
appraiser and give written notice thereof to Lessor. In case of
failure of either party hereto so to do within the time
specified, then the appraiser duly appointed by the other party
shall proceed to deternine the fair marltet value of the interests
4
5
6
7
10
X1
19
13
14
15
16
17
18
19
20
91
22
.23
24
25
26
27
28
29
:50
31
32
as herein set forth.
The two appraisers appoined shall select and appoint
In writing a third appraiser and give -written notice thereof to
Lessor and Lessee, or if within twenty (20) days after the
right to make application to the President of the Southern
California Chapter of the Institute of Real Estate Appraisers
to appoint, in his sole discretion, such third appraiser. Each
of the parties hereto shall pay for the�servicss of his appointee
and one-half of. the cost of the services of the third appointee.
The three appraiser shall submit their appraisals in writing
,in the then usual form to Lessor and Lessee. The parties
agree that for the purpose of calculating the value of their
respective interests, the value shall be deemed to be that
amount which is determined by taking the numerical average of the
two appraisal figures which are closest to each other.
Section 7. Attorneys' Fee and Costs
Each party shall bear its own costs, attorneys' fees,
appraisers' fees and all other costs in connection with any
matter contained in this article except as may be otherwise
provided.
Section S. Richt of Entry
I Neither party hereto shall grant a right of entry
to any condemnor without the written consent of the other
party hereto. .
Section 9. Rotice
In the event either party'hersto receives actual
or constructive notice of any acts on the part of any entity
or individual possessing the power of eminent domain whish would
cause or allow any of the provisions of this article to be
invoked, then, in that event, such party shall give timely
notice to the other party of such information.
1
2
.5
A
5
6
7
B
9
10
11
12
15
14
15''
16'
17
18
19
20
.21,
22,
24i
2511111
26
27
28
29
30
31.
32
ARTICLE XII
DEFAULT AND REMEDIES IN EVENT" of DEFAULT
Section 1. Default
Any and all of the following actions shall constitute
a default of this lease:
(a) Use of the premises for any purpose other than
authorizied in this lease; or
(b) Default in the payment of any installment
of rental or other sum when dui:; or
(c) Failure to pay any insurance premium, lien,
claim, demand, Judgment or other charge provided for in
this lease to be paid at the tire or in the manner hereinabove
provided; or
(d) Failure to maintain the leased premises
or cause the same to be maintained as provided in this lease; or
(e) Abandonment or vacation of the leased premises
for a continuau period of thirty (30) days; or
(f) Failure to perform or breach of any other covenant,
condition or restriction provided in this lease to be kept or
performed.
Section 2. Remedies in Event of Default
Upon default:
(a) if said default is due to the failure to make
the payment of any installment of rent or other sum when due,
and there small also be a failure to remedy such default
within (30) clays after written request so to do; or
(b) In the event said default is due to other than
the payment of monies, and in the event there shall also be
failure to remedy such default within thirty (30) days after
written request so to do, or if such default cannot be cured
within thirty (30) days, if curative action has not been
commenced within such period and is thereafter prosecuted.
-17-
16
17
is
19
20
21
22
-.23
24
26
26
27
28
29
30
31
32
to completion with due diligence;
Then, and in•either'of-said events, in addition to
any other remedies Lessor may.have by operation of law, Lessor
shall have the right, upon ten (10) days' prior written notice
to Lessee, to declare this lease terminated.
ARTICLE XIII
MISCELLANEOUS
Section 1. Inspection
Lessor reserves the right for Lessor's agents and
representatives:
(a) To enter upon the leased promises at any
reasonable time for the purpose of attending to Lessor's
business and Lessor's interest hereunder.
(b) To inspect said premises and do any other act
or thing which Lessor shall at any tiza deem necessary or
proper for the preservation or care of said leased premises
or adjoining premises.
Section 2. Payments and Notices
Any notice to be given or other documents to be delivered
by eith party to the other hereunder may be delivered in person
to either party, or may be deposited in the United States mail
in the State of California, duly certified, with postage prepaid,
and addressed to the party1or whom intended as follows:
To Lessor at: 135 West Third Street
Tustin, California
To Lessee at: P. 0. Box 781
Tustin, California 92690
Either party hereto may from time to time, by written
notice to the other party, designate a different address which
shall he substituted for the one above specified. if any notice
or other documents is sent by certified retail, as aforesaid, the
same shall be deemed served or delivered twenty-four (24) hours
after the mailing thereof as provided above.
Section 3. Waiver
No waiver of any breach of any of the terms, covenants,
3 agreements, restrictions or conditions of this lease shall be
4 construed as a waiver of any succeeding breach of the same or other
5 covenants, agreements, restrictions and conditions hereof.
6 Section 4. Holding -Over
7 if Lessee shall hold over the leased premises after
B the expiration or termination of the tern hereof, or an
9 extension of that term as provided herein, with the consent
10 of the Lessor, either express or implied, such holding over
11 shall be construed to be only a tenancy from year to year,
is subject to all the covenants, conditions and obligations hereof,
13 and the Lessee hereby agrees to pay the same rental annually
14 as provided in this lease; provided, however, that nothing
16 herein contained shall be construed to give Lessee any rights
16 to so hold over and to continue in possession of the leased
17 premises after the expiration or termination of the term hereof.
3.6 Section 5. Surrender at End of Term
19 upon the expiration of the term of this lease, as
20 provided herein, or any extension thereof, or upon any sooner
21 termination thereof, Lessee shall promptly surrender to Lessor
221 all and singular of the leased ,premises.
.231 Section 6. Lease Binding Upon Feirs
24
1 Subject to the limitations on assignment and subletting
25 each of the terms, covenants and conditions of this :lease shall
261 extend to and be binding on and inure to the benefit of not only
S7I! the Lessor and the Lessee, but each of their respective
28f successors and/or assigns in interest. Whenever in this lease
f
29 reference is grade to either the Lessee or the Lessor, the reference'
30 shall be deemed to include, whenever applicable, the feral
31
representatives, the successors and/or the assigns as if every
32
case specifically expressed.
..l g-
4
6
6
7
B
9
10
4
12
14
18
16
17
is
19
20
21
22
.23
24
25
26
27
28
29
30
31
32
Section 7. Time of the essence
Time is expressly declared to_ba of the essence of
this lease.
Section S. Attorney's Fees
In the event that any action is brought by either
party hereto against the other party hereto for the enforcement
or declaration of any right or remedies in or under this lease
or for the breach of any covenant or condition of this lease, then
and in that event, the parties in whose favor the final
judgment is entered shall be entitled to recover, and the
other party agrees to pay, all fees and costs to be fixed by
the Court therein, including, but not limited to, reasonable
attorneys' fees. In the event any action is biought by a third
party or parties against either party herein and the other
'party hereto is joined therein solely by reason of its
relationship under this lease, the party against whom the real
cause of action has been asserted shall pay all fees and costs,
including, but not limited to, reasonable attorneys' fees,
incurred by the other party hereto in defending against such
an action.
I Section 9. Quitclaim
Ikt the expiration or earlier termination of this lease,
Lessee shall execute, acknowledge and deliver to Lessorr,
within fifteen (15) days after written demand from Lessor
to Lessee, any quitclaim deed or other document required by
any reputable title company to remove the cloud of this lease
from the real property subject to this lease,
Section 10. Quiet Enjonment
Lessee, upon paying the rent provided for herein and
lobserving and performing all of the provisions of this lease
to be performed and observed by Lessee, shall quietly have
and enjoy, subject to all of the provisions of this lease, the
-20-
S
premises during the term hereof, without hindrance or molestation '
:K by anyone lawfully claiming under Lessor.
3 Section 11. '"transfer of Lessor's Interest
4 In the event of any transfer or transfers of Lessor's
5 interest in the premises, the transferor shall be automatically
B relieved of any and all obligations and liabilities on the part
7 of Lesser accruing from and after the date of such transfer.
$ Section 12. Force 'Aajeure
9 In the event the performance by either party of any
10 of its obligations hereunder is delayed by reason of an act or the
11 neglect of the other party, or its officer, employees, or agents,
12 an act of God, stormy or inclement weather, strike, labor
13 dispute, boycott, lockout or other like action, inability to obtain
14 labor or materials, governmental acts or restrictions, riot,
15 insurrection, war, catastrophe, casualty, act of the public enemy,
'6 or any other cause, whether similar or dissimilar, beyond the
17 reasonable>control of the ,party from whom such performance is due,.
18 the period for the commencement or completion thereof shall be
19 extended for a period equal to the period during which performance
20 is so delayed, provided, however, that Lessor shall not be
21 excused for any period, under the terms of this section, for its
P2 own governmental acts, enactments or regulations unless such
.233 acts, regulations or enactments are required by Lessor by
24 reason of the supremacy of any state or federal governmental
2541 richt of power.
27( Section 13. �telationshin of the Parties
II she relationship of the parties hereto is that of
28 Lessor and Lessee, and it is expressly understood and agreed
29 that: (1) Lessee does not in any way, nor for any purpose
30 become a public body, agency or service of any nature whatsoever;
31 and (2) Lessor does not in any way become responsible far,
32 the sponsor of, a participant in or liable for Lessee, its
21-
F"REE"WAY
L
T415 TIN AVENUE
r 32 vorr - ASSESSOR'S BLOCA
s.rAFFoRo a rusnv rR. L.A. I-15,16 a Lor NumaE-Rs
TR. NO. 5415 M.M 210-45, 46,47 SHOWN IN CIRCLES
I i
/
30
TRACT
YOM LOSE
10
FR.,mcr
NO19415
AND
7-US71N
5 TA FFORD
4 °:
BRAC r Lo
60
F"REE"WAY
L
T415 TIN AVENUE
r 32 vorr - ASSESSOR'S BLOCA
s.rAFFoRo a rusnv rR. L.A. I-15,16 a Lor NumaE-Rs
TR. NO. 5415 M.M 210-45, 46,47 SHOWN IN CIRCLES
1
3
4
5
6
7
a
9
10
4
13
14
15
16
17
1$
19
20
21
22
•23
24
25
26
27
28
29II
30
31
52
7
acts or its operations nor shall Lessor be, in any manner,
engaged in any proprietary or private act or enterprise.
Section 14. Number and Gender
Whenever the singular number is used in this lease,
when required by the context the same shall include the
plural, and the masculine gender shall include the feminine
and the neuter genders, and the word "person" shall include
any individual, partnership, corporation, firm or association,
whether public or private, and whether a municipal, non-profit
or profit-making party or entity.
Section 15. Readings and Titles
The marginal headings or title to the paragraphs of
this lease are not a part of this lease and shall have no
effect upon the construction or interpretation of any part of this
lease.
Section 16. tire A reement
This lease contains the entire agreement of the parties
hereto with respect to the matters covered hereby, and no other
agreement, statement or promise made by any party hereto, or to
any employee, officer or agency of any party hereto, which is
not contained herein, shall be binding or valid.
IN ii'ITNESS MiEREOF, the parties hereto have executed
this lease the day and year first above written.
( Sea 1)
ATTESTATION BY CITY CLERIC
APPROVED AS TO 'ORM y
Y�
City Attsrrney .
THE CITY OF TU5TIN,
a mu icipal corporation
Byf,
"Lessor"
BOYS I CLTJB OF "TUSTIN— a
By:
Ey:
• -22- "Lessee",
EXHIBIT "A"
LEGAL DESCRIPTI0N FAR
LEASE BETWEEN THE CITY OF
TUSTIN AND THE BOYS' CLUB OF TUSTIN
Being that certain real property situate, lying and being
in the City of Tustin, County of Orange, State of California,
described as follows, td wit:
The Westerly 210.83 feet of the Easterly
.397.00 feet of the portion of Lot Y of the
Stafford and. Tustin Tract, as shown on a map
recorded in Book 2, page 61$, of Miscellaneous
Records of Los Angeles County, California,
lying Northerly of the following described
line:
Beginning at a ,point in the center line of
Tustin Avenue (66 feet wide), formerly Newport
County Road, distant N. 00 04' 55" W. thereon,
97.34 feet from the intersection of said center
line with the center line of 6th Street (66
feet,wide), formerly Sycamore Street, as said
Avenue and Street are shown on said map;,thence
S. 670.32' WE., a distance of 2507.69 feet
to a point on the center line of B Street.
(66 feet wide), as shown on map of Tract
No. 541, recorded in Book 26, page 14, of
Miscellaneous Maps, in the office of the County
Recorder of said County of Orange, said point
being distant along said last mentioned center
line, 667.76 feet Southerly from the intersection
thereof with said center line of 6th Street.
EXCEPTING THEREFROM that portion thereof included
within a strip of land 200 feet wide, the South-
westerly line of,which is coincident with said
line thereinabove described.
SUBJECT to restrictions, reservations and
easerqents of -record.
EXHXEIT "A"
(FIFTY YEAR AGREEMENT)
CERTIFICATE OF WORKERS' COMPENSATION COVERAGE
Dec 8� DATE 2011
go-DUCER
Nonftorits' United Workers' Compensation Group
4311 Siren, Suite 200
Sacramento, CA 95814 Phone; (916) 764-0056
Fax: (916) 880-S23I
THIS CERTIFICATE IS ISSUED AS MATTER OF INFORMATION ONLY
AND CONFERS NO BIGHTS UPON THE CERTIFICATE HOLDER,
THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE
COVERAGE AFFORDED BY THE POLICIES BELOW,
Marsh Risk & Insurance Services
345 California Street, Suite 1300
San Francisca. CA 94104
INSURERS AFFORDING COVERAGE
INSURED
D),
JIM,—
INSURERk NonProfits' United Workers' Compensation Group
BOW & Girls' Club of TustinINSURERS
580 W. ft Street DEC 2 7 2011
ACE American Insurance Company [NAIL # 22667)
INSURER 0:
Tustin, CA 92780
OFFICETUSmn cr;-y CLEPK
INSURER D,
INSURER E
This Cerflftate is not lintended to specify all endorssmtsn%Covera M, terms, conditions and exclusions of the polides shown.
-COVERAGES
THE POLICIES OF COVERAGE LISTED BELOW HAVE BEEN ISSUED TO THE AFFILIATE mEwER NAMED ABOVE FOR THE POLICY PERIOD INDICATED. N0TwjTHsTANDjNG
ANY REQUIREMENT, TERM, OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE
COVERAGE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS
SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
INSR
LTR
TYPE OF COVERAGE
POLICY NUMBER
POLICY
EFFECIWE DATE
POLICY
EXPIRATION DATE
umffs
GENERAL LIASILITY
EACH OCCURRENCE $
1 COMMERCIAL GENERAL L"tLITY
FIRE DAMAGE (Any ora firs) $
1 ICLANSMADe I 100CUR
MED EXPENSE (Any — PW.0n) $
GENIURAL AGGREGATE LIMIT APPLIES PER:
PERSONAL & ADV INJURY $
POLICY PAojacT Loc
MNEP40L AGGREGATE $
PRODUCTSZOMPtQP AGG $
AUTOMMLE LIABILITY
COM04NEO SINGLE LIMIT $
ANY AUTO
faachaVAWO $
BOOTLY INJURY $
ALL OWNED AUTOS
SCHEDULED AUTOS
(Per Pars* $
HIRED AUTOS
BOOLY INJURY $
NON -OWNED AUTOS
(Pw O=dent) $
PROPERTYDAMAGE $
(Per accident) $
WORKERS' COMPENSATION
WC STAT
LIMIT$
X
OTHER
EL EACHACCOENT $500,000
A
AND
NPU-WCG Of) (-2012
1/1/12
1/1/13
E.L. DISEASE -EA EMPLOYEE $500,000
EMPLOYERS LIABILITY
El. OISEASS - COVERAGE LIMIT $ W0,000
B
OTHER
EXCESS Workers' Compensation
I
WCL 046245283
I/1112
1/1/13
$35,000,000 x $500,000 WC
-
-
$2,000,000 x $600,000 EL
DESCRIPTION OF OPERATIONSILOCATIONSNEMMLESIEXCLUStONS ADDED BY ENDORSEMSNTISPECIAUPROVISIONS
Evidence of Workers' Conipwisation Covcrage; Waiver orSubrogation provided ky Endorsement NPUWCG-I3NG'ruS-02
CERTIFICATE HOLDER ADDITIONAL INSUREO4 INSURER LETTER;
CANCELLATION
NPLjWCG-HNGTLjS-02
SHOULD ANY OF THE ABOVE DESORGED POLICIES BE CANCELLED
BEFORE THE EXPIRATION DATE THEREOF NOTICE WILL BE DELIVERED
CirvofTusdn
IN ACCORDANCE WTH THE POLICY PROVISIONS,
PO Box 1089
Tustin, CA 92791-1089
Based on ACORD 25 (2009109)
THIS ENDORSEMENT CHANGES THE MEMORANDUM OF COVERAGE
PLEASE READ IT CAREFULLY
WAIVER OF TRANSFER OF RIGHTS OF
RECOVERY AGAINST OTHERS TO US
Nonprofits' United Workers' Compensation Group
Memorandum of Coverage: NPU-WCG 001-2012
This endorsement modifies the coverage provided under the following:
Memorandum of Coverage: PART ONE: WORKERS' COMPENSATION
COVERAGE Paragraph H. RECOVERY FROM OTHERS is amended with respect to the following: Name
and Address of Person or Organization:
City of Tustin
PO Box 1089
Tustin, CA 92781-1089
DESCRIPTION OF OPERATIONS/LOCATIONS ADDED BY ENDORSEMENT:
- with regard to the City of Tustin, Its officers, officials, employees and volunteers
NPU-WCG waives any right of recovery it may have against the person or organization shown above
because of payments made by NPU-WCG for injury or damage arising out of the Members' operations
done under a contract with that person or organization shown above and included in the coverage
provided by the Memorandum of Coverage. This waiver applies only to the person or organization
shown on the Schedule Above,
This endorsement is part of the Memorandum of Coverage and is effective on the date shown below:
All other terms and conditions remain unchanged.
f#Wive Date
lanuaryl.2012Expiration
Aut orizedRepresent tive for Iii— ;
NPU-WCG Page MOO NPI]-WCG 001-201.2
LEASE BETWEEN THE CITY OF TUSTIN
1 THIS LEASE ("Lease") entered into effective this _ day of , 2017 (the
"Effective Date") by and between the CITY OF TUSTIN (the "Lessor"), a municipal
corporation, and the BOYS' AND GIRLS' CLUB OF TUSTIN, a non-profit, charitable
California corporation (the "Lessee"). The Lessor and Lessee are sometimes referred herein
individually as a "Party" and collectively as the "Parties".
RECITALS
A. Lessor is the owner of certain land in the County of Orange, State of California,
more particularly described in Exhibit A (the "Land"). All existing improvements, fixtures
and/or alterations located on the Land as of the Effective Date of this Lease are referred to herein
as the "Existing Improvements". The Existing Improvements, together with any additional
improvements, fixtures and/or alterations constructed or installed on the Land by or at the
expense of Lessee following the Effective Date are collectively referred to herein as the
"Improvements". The Improvements are or shall be, when constructed or installed on the Land,
owned by Lessee, subject to the provisions of this Lease (including without limitation the
provisions of Section 16.1 below). Land and the Existing Improvements and the Improvements,
and appurtenant easements (if any) are collectively referred to herein as the "Lease Premises".
B. The Parties entered into that certain Lease dated as of December 22, 1967 (the
"1967 Lease"), as amended by that certain Amendment to Lease dated as of September 30, 1980
and recorded on August 31, 1981 in Book 14201, Page 1322 of the Official Records of Orange
County, California (the "Amendment'), that certain Second Amendment to Lease dated August
17, 1981 and recorded on August 31, 1981 in Book 14201, Page 1316 of the Official Records of
Orange County, California (the "Second Amendment"), and that certain Third Amendment to
'Lease dated as of November 5, 1982 (the "Third Amendment"). The 1967 Lease, the
Amendment, the Second Amendment and the Third Amendment are collectively referred to
herein as the "Original Lease". Lessor, Lessee and Foster Art Services, Inc. entered into an
agreement dated August 17, 1981 which was recorded on September 25, 1981 in Book 14234,
Page 673 of the Official Records of Orange County, California, which agreement was amended
by instrument dated August 1, 1984 and recorded as Instrument No. 84-419800 in the Official
Records of Orange County, California (said agreement as amended is refer -red to herein as the
"Foster Agreement"); the rights of ingress and egress in favor of Lessor as set forth in the Foster
Agreement are affected by a Quitclaim Deed from Lessor to Tustin Self -Storage, recorded April
12, 1985 as Instrument No. 130375 in the Official Records of Orange County, California.
C. The term of the Original Lease was set to expire on December 31, 2017. The
multiple changes made to the 1967 Lease since its inception are complex and overlapping, and
in the interest of clarity, the parties desire to make this comprehensive review and update of the
Lease.
594733.10
D. Lessee also desires to alter and expand existing facilities on the Lease Premises to
accommodate the future growth they expect in demand for their services. In order to expand and
improve the existing Boys' and Girls' Club of Tustin, Lessee is in the process of securing donors
willing to fund necessary long-term alterations and improvements. Anticipated donors need
more certainty regarding the term of the Lease relative to the life of anticipated improvements
prior to making donor commitments.
E. The Parties each desire to enter into this Lease to address the items identified in
the Recitals, among other things.
F. Lessor and Lessee intend that this Lease shall, as of the Effective Date, supersede
and replace the Original Lease, including all previous amendments and other agreements
identified in Recital A above, in their entirety.
NOW, THEREFORE, in consideration of the foregoing Recitals, which are
incorporated in the operative provisions of this agreement by this reference, and the terms,
covenants, conditions and agreements herein, the Parties, hereby mutually agree as follows:
AGREEMENT
1. LEASE OF PREMISES
Lessor hereby leases, rents, and demises to Lessee, and Lessee hereby leases from
Lessor the Lease Premises on the terms set forth in this Lease.
2. TERM, COMMENCEMENT, TERMINATION
2.1 Commencement and Termination. Unless earlier terminated in
accordance with the provisions of this Lease, the term ("Term") of this Lease shall commence on
the Effective Date and end on the date that is the twentieth (20th) anniversary of the Effective
Date (the "Lease Termination Date").
2.2 Surrender and Restoration.
2.2.1 Surrender. Upon expiration of the Term of this Lease or its
termination by Lessee or Lessor, Lessee shall quietly and peacefully remove itself and its
property from the Lease Premises and surrender thereof to Lessor on the expiration date, or the
date of prior termination; provided, in the event that Lessor terininates this Lease for a default of
the Lease by Lessee, Lessee shall be allowed a reasonable period of time, as determined by
Lessee, in which to remove all of its property from and terminate its operations on the Lease
Premises; provided further that nothing to the contrary in this Lease withstanding, Lessee shall
not be obligated or required to remove any of the Improvements or alterations from the Lease
Premises except Improvements or alterations made by Lessee without compliance with this
Lease, which Improvements or alterations shall be removed by Lessee upon Lessor's written
request. Reference to Lessee's property that may be removed from the Lease Premises by
Lessee as contemplated above, shall include trade fixtures, equipment, personal property and
inventory which Lessee has made or brought on to the Lease Premises at any time in accordance
594733.10 2
with the provisions of this Lease or the provisions of the Original Lease (collectively, the "Trade
Fixtures"), and such removal may be undertaken by Lessee within the time frames specified as
long as the removal will not cause structural damage to the Lease Premises and Lessee, at
Lessee's expense, promptly restores the Lease Premises to at least the condition that existed prior
to any damage caused by the removal. During such period prior to surrender, all obligations
assumed by Lessee under this Lease shall remain in full force and effect. Lessor may, in its
discretion following thirty (30) days notice to Lessee, declare any property which has not been
removed from the Lease Premises upon surrender as abandoned property and use, reuse, lease or
sell the abandoned property at Lessor's sole discretion. If in Lessor's judgment the abandoned
property has insufficient value to justify its use, reuse, lease or sale, Lessor may notify Lessee of
Lessor's option not to reuse or sell the abandoned property and Lessee shall, in not less than five
(5) business days after receipt of the written notice remove the abandoned property at Lessee's
sole expense. If Lessee fails to remove the abandoned property within that time, Lessor may
arrange for removal and disposal of the abandoned property and Lessee shall reimburse Lessor
the costs thereof within ten (10) days of receipt of an itemized statement of the costs.
2.2.2 Restoration. Before expiration of the Lease or within thirty (30)
days following termination of the Lease, Lessee shall restore the Lease Premises to good order,
condition and repair, subject however to: (a) ordinary wear and tear, and (b) loss or damage for
which Lessee is not liable hereunder. Lessee is not obligated to restore improvements to the
Lease Premises once those improvements have been demolished provided their demolition has
been approved in accordance with Section 8 of this Lease, nor is Lessee obligated to demolish
improvements that have been completed during the term of this Lease or during the term of the
Original Lease provided the improvements were approved in accordance with Section 8 of this
Lease, and all subject to provisions contained in Section 15.4. (This section 2.2.2 shall survive
termination of this Lease.)
3. RENT
3.1 General. For purposes of this Lease, Base Rent and Additional Rent are
hereinafter collectively referred to as "Rent." All Rent payments due and owing shall be made
by Lessee and shall be made payable to the City of Tustin and delivered to the City of Tustin
Finance Director at 300 Centennial Way, Tustin, California, 92780, or to a third party at such
other place as Lessor may designate in writing from time to time.
3.2 Base Rent. Lessee shall tender to Lessor as Base Rent the sum of One
Dollar ($1.00) per year, which Base Rent shall be due and payable on the Effective Date and
upon each anniversary of the Effective Date during which this Lease remains in effect. Lessor
acknowledges that Base Rent has been fully paid to the Effective Date of this Lease.
3.3 Additional Rent. In addition to the Base Rent, Lessee shall pay the
following direct operating expenses and additional cost reimbursements set forth in this Section
3_3, with all sums payable by Lessee to Lessor being deemed "Additional Rent" for California
statutory remedy purposes.
3.3.1 Operating Expenses. Lessee shall be responsible for all operating
expenses of the Lease Premises and shall directly pay all charges, impositions, costs and
594733.10 3
expenses of every nature and kind relating to the Lease Premises (the_ "Operating Expenses"),
including but not limited to utility costs and all other costs related to the development and
operation of the Lease Premises, including without limitation the cost of capital improvements,
maintenance, insurance, taxes (if any), interest and penalties on taxes (if any), code compliance,
provisions necessary for security, and any costs necessary to comply with the terms, covenants
and conditions of this Lease. In addition, Lessee shall pay for or directly perform all protection
and maintenance services for the Lease Premises required under this Lease. Any costs incurred
by Lessor resulting from Lessee's failure to perform under this Section 3.3.1 shall be a "Cost
Reimbursement" obligation under Section 3.3.2.
3.3.2 Additional Cost Reimbursement. All sums payable by Lessee to
Lessor under this Lease which are not Base Rent or Operating Expenses shall be deemed a "Cost
Reimbursement." A Cost Reimbursement shall include any and all costs incurred by Lessor
which (a) specifically are attributable to an action (or inaction) of Lessee under this Lease, (b)
constitute a Claim and/or Loss incurred by Lessor (as a result of Lessee's action or inaction) or
Lessee's use thereof or action or inaction with respect thereto and/or (c) arise as a result of or are
related to Lessee's failure to provide the protection and maintenance services as required by this
Lease. Upon incurring any such Cost Reimbursement expense, Lessor shall advise Lessee in
writing of such costs and Lessee shall be obligated to pay to Lessor the full amount of the Cost
Reimbursement within thirty (30) calendar days of the date of delivery of such invoice for such
costs.
3.4 Late Charge. If any payment or any park thereof to be made by Lessee to
Lessor pursuant to the terms of this Lease shall become overdue for a period in excess of ten (10)
calendar days, then in addition to any other remedies available to Lessor under this Lease or
otherwise, Lessee shall pay to Lessor a late charge equal to ten percent of such overdue amount
for purposes of defraying the expense incident to handling such delinquent payment, in addition
to interest at a rate of one percent per month, compounded monthly, from the date such payment
or part thereof was due.
3.5 No Waiver. Nothing herein or in the imposition or acceptance by Lessor
of default interest shall be construed as a waiver of any rights of Lessor arising out of any default
of Lessee hereunder; the right to collect any such default interest is separate and apart from any
rights or remedies of Lessor relating to any such default by Lessee.
3.6 Net Lease. Lessee hereby acknowledges and agrees that this Lease is
intended to be a triple net lease to Lessor and, except as expressly stated herein, Lessor is not
responsible for any costs, charges, expenses and outlays of any nature whatsoever arising from or
relating to the Lease Premises, or the use and occupancy thereof, or the contents thereof or the
business carried on therein, and Lessee shall pay all charges, impositions, costs and expenses of
every nature and kind relating to the Lease Premises. As set forth below, all costs of maintenance
and repair of the Lease Premises, all costs of insuring the Lease Premises, and all Taxes (as that
term is defined below) attributable to the Lease Premises shall be paid directly by Lessee.
4. USE SOF LEASE PREMISES
594733.10 4
4.1 Permitted Use of Lease Premises. Lessee may use and occupy the Lease
Premises solely for the purposes of maintaining a non-profit, charitable, educational and
recreational facility of the Boys' and Girls' Club of Tustin, as shall be chartered in the United
States, and other purposes incidental and related thereto. Lessee shall not use or permit said
Lease Premises or any part thereof to be used for any other purpose without first obtaining
Lessor's written consent. Lessee shall also maintain its tax-exempt organizational status under
either Section 501 (c)(3), 501 (a) (9) or other similar provision of the Internal Revenue Code of
1986, as amended, and understands that it shall be required to maintain such status throughout the
Tenn of the Lease.
4.2 Compliance with Laws and Regulations.
4.2.1 Lessee covenants and agrees that it shall observe and comply with
all laws, orders, regulations, rules, ordinances and requirements now in force, or which may
thereafter be in force, of the federal, state, county and city governments, and of all other
governmental authorities, applicable to the Lease Premises or Improvements or any part thereof,
and all of their departments, bureaus or officials, whether such laws, orders, regulations, rules or
ordinances relate to alterations or repairs, to or in and about the Lease Premises or to changes or
requirements incident to or as a result of any use or occupation thereof, or otherwise
(collectively, the "Governmental Requirements"). Lessee shall pay all costs, expenses, claims,
fines, penalties and damages that may in any manner arise out of or be imposed because of
failure of Lessee to comply with the provisions of this Section.
4.2.2 Lessee covenants and agrees that it shall comply with all
applicable governmental statutes, laws, ordinances, rules, orders and directives, regulations and
requirements as applicable of the federal government, state or county government and/or City of
Tustin and any all departments and bureaus in connection with its use of the Lease Premises, and
shall also comply with all applicable building, electrical, plumbing, and other codes at Lessee's
own cost and expense (collectively, the "Governmental Requirements"). Lessee shall neither use
nor occupy the Lease Premises or any part thereof, nor knowingly permit the Lease Premises or
any part thereof to be used or occupied, for any hazardous, unlawful, or illegal business, use or
purpose, nor in any manner as to constitute a nuisance of any kind, nor in any manner
inconsistent with or in violation of this Lease or any other present or future legal requirement.
4.3 It is agreed and understood by the Parties hereto that Lessor, in its varied
capacity as a municipal corporation, has the authority to enact, adopt or enforce a rule,
ordinance, regulation, law or policy which may represent a unique hardship on Lessee. Lessee's
performance under this Section shall not be excused to the extent of such hardship, although
Lessee retains any applicable administrative remedies available to any party to appeal or request
relief from such impositions. In addition, if such hardship is not reasonably surmountable by
Lessee, Lessee retains the right to terminate this Lease for such cause. Lessee also agrees not to
conduct or permit to be conducted any public or private nuisance thereon, nor to commit or
permit to be committed any waste upon the Lease Premises.
4.4 Operating Standards. Lessee covenants and agrees that it shall operate the
Lease Premises in accordance with the Lease. Failure to operate in accordance with this Lease
may result in termination of this Lease in accordance with the default provisions of the Lease.
594733.10
4.5 Lessee understands and acknowledges that this Lease is not and does not
constitute a commitment by Lessor to create any commitment with regard to the ultimate
disposal of the Lease Premises, in whole or in part or in any order of priority, to Lessee.
5. SUBLETTING AND ASSIGNMENT
5.1 Lessee shall not cause or pennit, by operation of law or otherwise, any
assignment, subletting, encumbrance or transfer of this Lease or any estate or interest therein
without the prior written consent of Lessor, and in the absence of such consent shall constitute a
default. Any assignment or subletting approved under this section shall not relieve Lessee of any
of its obligations or liabilities for the Term of this Lease, and both Lessee and any subsequent
assigns and sublessees shall be deemed bound hereunder. Lessor's consent to any specific
assignment, subletting or other transfer shall not constitute consent to any further or subsequent
assignment, subletting or transfer request from Lessee.
5.2 In the event that Lessee or a successor desires to effect an assignment or
sublease, Lessee or such successor shall submit to Lessor the name of the proposed assignee or
sublease and such other information as Lessor may reasonably request for the purpose of
determining that such assignee or sublessee has the tax-exempt status, compatible public
purpose, as well as the capability and resources necessary to carry out its obligations under the
proposed assignment or sublease.
6.1 "AS -IS" Lessee's Responsibility/No Representations or Warranties. The
Lessee recognizes that Lessor would not lease to Lessee the Lease Premises except on an "AS
IS, WHERE IS, WITH ALL FAULTS" basis, and Lessee acknowledges that, except as expressly
set forth in this Lease, Lessor has made no representations or warranties of any kind whatsoever,
either express or implied in connection with any matters with respect to the Lease Premises or
any portion thereof. The Lessee's determination to enter into this Lease constitutes Lessee's
agreement that Lessee, in consummating the transactions described in this Lease, is leasing the
Lease Premises in an "AS IS, WHERE IS, WITH ALL FAULTS" basis, in its present state and
condition and with all faults. The Lessee further acknowledges and agrees that, except as
otherwise specifically provided in this Lease, Lessor has not made and does not make and
specifically negates and disclaims any representations, warranties, promises, agreements or
guaranties of any kind or character, whether express or implied, oral or written, past, present or
future, whether by Lessor or any of its agents, elected or appointed officials, representatives or
employees, of concerning or with respect to
(1) The value of the Lease Property or the income to be derived from
the Lease Premises;
(2) the existence or nonexistence of any liens, easements, covenants,
conditions, restrictions, claims or encumbrances affecting the Lease Premises;
(3) the suitability of the Lease Premises for any and all future
development, uses and activities which Lessee may conduct thereon;
594733.10 6
(4) the habitability, merchantability or fitness for a particular purpose
of the Lease Premises;
(5) the manner, quality, state of repair or lack of repair of the Lease
Premises;
(6) the nature, quality or condition of the Lease Premises including
water, soil and geology;
(7) the compliance of or by the Lease Premises and/or the Project or
its operation with any Governmental Requirement and the Americans with Disabilities
Act of 1990.-
(8) the manner or quality of the construction or materials, if any,
incorporated into the Lease Premises;
(9) the presence or absence of Hazardous Materials, including asbestos
or lead paint at, on, under, or adjacent to the Lease Premises;
(10) the content, completeness or accuracy of the information,
documentation, studies, reports, surveys and other materials, delivered to Lessee in
connection with the review of the Lease Premises;
(11) the conformity of the existing improvements on the Lease
Premises if any, to any plans or specifications for the Lease Premises;
(12) compliance of the Lease Premises with past, current or future
statutes, laws, codes, ordinances, regulations or Governmental Requirements relating to
zoning, subdivision, planning, building, fire, safety, health or environmental matters
and/or covenants, conditions, restrictions or deed restrictions;
(13) the deficiency of any undershoring or of any drainage;
(14) the fact that all or a portion of the Lease Premises may be located
on or near an earthquake fault line or falls within an earthquake fault zone established
under the Alquist-Priolo Earthquake Zone Act, California Public Resources Code
Sections 262 1-2630 or within a seismic hazard zone established under the Seismic
Hazards Mapping Act, California Public Resources Code, Sections 2690-2699.6 and
Sections 3720-3725;
(15) the existence or lack of vested land use, zoning or building
entitlement affecting the Lease Premises; and
(16) any other matters.
6.2 Powers of Lessor. Lessee acknowledges that Lessor is a governmental
entity that, in addition to being owner of the Lease Premises, exercises certain police powers,
594733.10 7
taxation powers, and other governmental powers, duties, and authorities over the Lease Premises.
This Lease shall not in any way affect the exercise of those powers, duties and authorities.
6.3 Title Insurance. As soon as possible after the Effective Date, if requested
by Lessee, Lessor shall provide Lessee, at Lessee's expense, an ALTA lessee's policy of title
insurance from a title insurer and in a form reasonably acceptable to Lessee and for a mutually
agreeable liability amount, insuring Lessee's Leasehold interest. Lessor and Lessee shall
cooperate and execute and deliver all documents necessary for the issuance of such policy.
7. CONSTRUCTION OF IMPROVEMENTS
7.1 Lessee has represented that it desires in the future to construct on the
Lease Premises certain Improvements which are not yet defined.
7.2 Basic Concept Drawings. For any Improvements to be made by Lessee to
the Lease Premises after the Effective Date (the "Lessee Improvements"), Lessee agrees that it
shall prepare and submit for Lessor's review and written approval basic concept drawings and
related documents for Lessee Improvements. The Lease Premises shall be improved consistent
with the approved basic concept drawings and related documents, except as changes may be
approved in writing by both Lessee and Lessor.
7.3 Construction Plans and Related Drawings. Lessee shall cause to be
prepared, at Lessee's sole cost, and shall submit to Lessor preliminary and thereafter final
constriction plans or other drawings or plans and all related documents pertaining to the Lease
Premises (the "Construction Drawings") for Lessor's review and written approval. Such
Construction Drawings shall be prepared by licensed professionals selected by Lessee, which
licensed professionals shall maintain professional liability insurance covering their professional
errors and omissions. (The existence of such professional liability insurance shall in no way
limit the Lessee's obligations to indemnify Lessor as otherwise provided herein, nor to provide
insurance as otherwise provided herein.) Construction Drawings are hereby defined as those
required for, and in sufficient detail to obtain, City of Tustin Land Use Entitlement and building
permits for all Lessee Improvements for which permits are required.
7.4 Lessor Approval of Construction Drawings. Subject to the terms of this
Lease, Lessor shall have the right of architectural and site planning review of all Construction
Drawings including any changes thereto. However, nothing herein shall relieve Lessee of any
obligation to submit plans and other documents required for any development permits or
building permits, to City departments or other public agencies.
Lessor shall approve or disapprove the Construction Drawings within the time
frames for normal construction plan check processing established by the City. Any disapproval
shall state in writing the reasons therefore and the changes which Lessor requests be made.
Lessee shall revise such Construction Drawings and resubmit them to Lessor, and Lessor review
and approval process shall recommence.
If Lessee desires to make any changes to the Construction Drawings after their
approval by Lessor, Lessee shall submit the proposed changes to Lessor for its approval. Lessor
shall notify Lessee in writing if Lessor approves or disapproves the proposed change. If written
594733.10 8
notice is not provided within thirty (30) days after submittal of the proposed changes to Lessor,
the proposed changes shall be deemed disapproved, unless Lessor provides notice extending the
review period in writing. Lessee shall, upon receipt of a notice of disapproval, review such
portions of the Construction Drawings as are disapproved and resubmit them to Lessor for
review and approval. The approval process may be discontinued temporarily or permanently at
any time by Lessee if Lessee elects not to proceed with or to defer its construction or alteration
project. If one or more pen -nits are issued and construction commenced, Lessee shall proceed
diligently to complete the construction or alteration project.
7.5 Cost of Construction. Lessee shall bear the full cost of planning,
designing, and constructing all improvements to the Lease Premises. Lessor has no
responsibility pursuant to this Lease for any Improvements to the Lease Premises and nothing
herein shall imply, nor be construed to place any such responsibility on Lessor; Lessee shall bear
any necessary governmental agency cost of reviewing and approving the plans and submissions
of Lessee and for processing applications and issuing grading permits, building permits,
occupancy permits and for undertaking inspections and the like, shall be also including all of the
customarily required fees and charges imposed by governmental agencies, including but not
limited to the City of Tustin, having jurisdiction with respect to the subject construction and
alteration activities.
7.6 Conditions of Construction.
7.6.1 Required Licenses and Permits. Before commencement of
construction of Lessee Improvements on the Lease Premises, Lessee shall, at its own expense,
secure or cause to be secured all licenses and permits which may be required by the City or any
other governmental agency affected by such construction.
7.6.2 Lessee shall require its contractors to agree in writing to indemnify
Lessor from the contractor's negligence or willful misconduct in the construction of any Lessee
Improvements on the Lease Premises and to secure, and require all contractors and
subcontractors to secure, Commercial General Liability, Auto Liability insurance against of
claims arising from any alleged negligence of Lessee, contractor and its subcontractors during all
construction activities. The "City and its council members, commissioners, elected officials,
officers, managers and employees" shall be named by endorsement as additional insureds under
each such policy maintained by the Lessee and by its contractors and subcontractors. In
addition, Lessee and its contractors and subcontractors shall maintain Worker's Compensation
insurance during all construction acitivites, and each such insurer shall provide an endorsement
to the City waiving the insurers' rights of subrogation against the City and its council members,
commissioners, elected officials, officers, managers and employees.
7.6.3 At all times during construction, Lessee shall comply with the
provisions contained in Sections 7.6 and 7.7.
7.6.4 Lessee shall comply with all applicable Governmental
Requirements, laws and regulations, including City Ordinances.
594733.10 9
7.6.5 Quality of Work and Materials. All work and materials shall be of
good quality, and all workers and subcontractors shall be skilled in their trades and shall be duly
licensed in such trades as require licenses at all times that services are performed.
7.6.6 Maintenance of Site During Construction. Lessee covenants and
agrees that solely at Lessee's expense it shall maintain the Lease Premises during and after any
construction and keep the Lease Premises reasonably free from any debris and waste materials,
surplus materials, and surplus equipment.
7.6.7 Indemnity. Lessee agrees to defend, indemnify, and hold Lessor
harmless from any claims of any variety arising from or related to errors or omissions or willful
misconduct by Lessee and its design professionals, contractor(s), subcontractor(s), supplier(s),
employees, and agents preparing for, during or as a result of any construction on, about, or
beneath the Lease Premises. This section shall survive termination of this Lease.
7.6.8 No Liens or Stop Notices. Lessee shall keep the Lease Premises
free of any liens or stop notices; provided that Lessee shall have the right to contest the
correctness or validity of any such lien or stop notice if, immediately upon demand of Lessor,
Lessee procures and records a lien release bond issued by a corporation authorized to issue
surety bonds in California in an amount equal to one and one-half (1 V2) times the amount of the
claim of lien. The bond shall meet the requirements of Civil Code Section 3143 and shall
provide for the payment of any sum that the claimant may recover on the claim (together with
costs of suit, if it recovers in the action).
7.6.9 Completion of Construction. Upon completion of Construction,
Lessee shall furnish Lessor with as -built plans and specifications.
7.7 Guaranty and Lien Free Completion of Improvements.
7.7.1 Lessee hereby covenants and agrees to guarantee its performance
in and completion of construction of any Lessee Improvements to the Lease Premises.
Notwithstanding any consent given by Lessor of Lessee Improvements, Lessee shall be solely
responsible for and shall indemnify, hold harmless and protect Lessor, its officers, directors and
agents, against any and all claims arising from Lessee's construction of Lessee Improvements,
including damage to structures that would preclude completion of Lessee Improvements.
7.7.2 During any period of construction of Lessee Improvements as
authorized under this Lease, Lessee shall complete such construction free of any liens and/or
stop work notices being placed against the Leased Premise. In the event any lien or stop notice
is placed against the Lease Premises as the result of the construction of Lessee Improvements as
provided hereunder, Lessee shall take whatever action is necessary to have such lien or stop
notice removed within sixty (60) days after Lessee becomes aware of such lien and/or stop
notice. Lessee's failure to remove any lien and/or stop notice within such sixty day period shall
be considered a material breach and default, and grounds for termination of the Lease. Lessee
shall be entitled to bond in the same manner provided for in Section 7.6.8 above.
594733.10 10
7.7.3 Lessee shall be solely responsible for any applicable prevailing
wage requirements applicable to the construction, and shall defend and indemnify Lessor against
any claims alleging any violations of prevailing wage requirements.
8. ALTERATIONS
8.1 Lessee shall not make alterations to the Lease Premises without Lessee's
prior written consent except as may be identified in Section 8.2. "Alterations" shall mean any
modification, addition or improvement to the real property or Lessee Improvements that will be
provided by Lessee under the provisions of Section 7 either on, at or under the Lease Premises,
whether by addition or deletion. It is intended by the Parties that Lessor shall have no obligation,
in any manner whatsoever, to fund or complete any Alterations to the Lease Premises. Except
with respect to Minor Alterations (as hereinafter defined), Lessee shall process all Alterations, as
applicable, consistent with the provisions in Sections 7 and 8. Lessee shall obtain all necessary
permits and approvals required by any Federal, State and local law, and comply with all
conditions of such permits and approvals. All Alterations (including, without limitation, all
Minor Alterations) shall be done promptly and in a good and workmanlike manner and shall be
of good quality and class.
8.2 Lessee may from time to time before or after completion of any
construction of Lessee Improvements as provided in Section 7, without Lessor's prior approval
and without complying with any of the provisions of Sections 7.1 through 7.4 and/or 8.1 hereof
(except for the last sentence of said Section 8.1), perform alterations to the real property or
Improvements that are non-structural alterations ("Minor Alterations") provided such Minor
Alterations individually meet all of the following criteria:
(1) Would not require Lessee to apply for and obtain a building permit
or any entitlements required by the City Zoning Code for the completion of the Minor
Alteration;
(2) Would not result in a violation of any provision of this Lease;
(3) Would not cost in excess of twenty-five thousand dollars
($25,000);
(4) Would not result in substantial change in the character of
improvements or the use for which they are intended or in a substantial change in access
or major entries to, or public areas on the Lease Premises;
(5) Would not involve or result in any change in the exterior of the
improvements that materially changes the design of the improvements based on any
original approved plan for the Improvements;
(6) Would not be of lesser quality or result in the diminution of the
value of the Lease Premises;
(7) Would not weaken the structural integrity of the Improvements or
any portion thereof.
594733.10 11
(8) Lessee shall not, without written consent of Lessor, demolish or
remove all or any structural part of the real property or of any improvement located upon
the Lease Premises, except any existing improvements on the Lease Premises that are
demolished or removed by Lessee in compliance with the provisions of this Lease.
8.3 Notwithstanding anything to the contrary contained herein, Lessee shall
have the same rights to make any Alteration required to be made pursuant to any statutory
requirements or court order as Lessee's rights to construct the Improvements, subject to Lessee's
compliance with the requirements of Sections 7 and 8 and other provisions of this Lease;
provided, however, that if Lessor has approval right hereunder with respect to such Alteration,
Lessor shall not withhold such approval if the Alteration is being made in strict compliance with
the applicable statutory requirement or court order and no alternative means of compliance
therewith is available.
8.4 Lessee shall be responsible for compliance with any applicable prevailing
wage requirements and shall defend and indemnify Lessor against any claims alleging any
violations of prevailing wage requirements.
9. PROTECTION AND MAINTENANCE
Lessee, at no cost to Lessor, shall at all times protect and maintain, repair and keep the
Lease Premises in a good order and condition (including structural and non-structural
conditions), and exercise due diligence in protecting the Lease Premises against damage and
destruction by fire and other causes, subject to the applicable provisions of this Lease. Lessee
shall promptly make all necessary repairs to the interior and exterior of the Lease Premises and
the Improvements, subject to the applicable provisions of this Lease.
10. TAXES AND ASSESSMENTS
10.1 General. Lessee shall pay all Taxes (as hereinafter defined) levied or
imposed against the Lease Premises or Lessor or Lessee's interest therein during the Term prior
to delinquency. "Taxes" shall mean all real and personal property taxes, assessments and
governmental charges, whether federal, state, county or municipal, and whether general or
special, ordinary or extraordinary, foreseen or unforeseen, imposed upon the Lease Premises, the
Rent, or any possessory interest therein, or on the operation of the Lease Premises, including
interest and penalties thereon, if any. Taxes shall not include income taxes, excess profit taxes,
franchise taxes, or other taxes imposed or measured on or by the income of Lessor from the
operation of the Lease Premises, provided, however, that if, due to a future change in the method
of taxation or assessment, any income, profit, franchise or other tax, however designated, shall
be imposed in substitution, in whole or part, for (or in lieu of) any tax, assessment or charge
which would otherwise be included within the definition herein to the extent of such substitution.
There shall be added to Taxes the expenses of any contests (administrative or otherwise) of
Taxes incurred during the taxing year, but only to the extent such contests result in a reduction of
Taxes for such year or any other year during the Term. Lessee shall pay to the appropriate
governmental authority any use, possessory interest, and/or occupancy tax as may be payable
and applicable to the Lease Premises). In the event that Lessor is required by law to collect such
Taxes, Lessee shall pay such Taxes to Lessor as a Cost Reimbursement within thirty (30) days of
594733.10 12
demand and Lessor shall remit any amounts so paid to Lessor to the appropriate governmental
authority.
10.2 Future Taxes. The interest created by this Lease may at any time be
subject to property taxation under the laws of the State of California. If property taxes are
imposed, the party in whom the possessory interest is vested maybe subject to the payment of
the taxes levied on such interest. This notice is included in this Lease pursuant to the
requirements of Section 107.6 (a) of the revenue and Taxation Code of the State of California.
10.3 Lessee shall pay the Taxes directly imposed upon it or Lessor (for which
Lessee is responsible as set forth above), in accordance with the instructions of the taxing entity;
provided, Lessee shall pay the taxes originally imposed upon Lessor, upon Lessor's election,
either (i) annually within thirty (30) days after the date Lessor provides Lessee with a written
statement setting forth in reasonable detail such Taxes (which statement shall not be provided to
Lessee more than sixty days before such Taxes are due), or (ii) monthly in advance based on
estimates provided by Lessor based upon the previous year's tax bill. If the Taxes for which
Lessee is responsible are paid monthly on an estimated basis as contemplated in Section 10.3(ii)
hereof, then Lessor shall provide Lessee with a written annual reconciliation reflecting any
adjustment necessary to reconcile the amount of estimated Taxes paid by Lessee to Lessor during
the preceding year as compared to the actual Taxes owed for such tax year, and promptly
following the delivery of said written reconciliation, an adjusting payment shall be made as may
be required of the applicable Party.
10.4 Proration. All Taxes originally imposed upon Lessor and applicable and
payable by Lessee with respect to the Lease Premises shall be prorated on a per diem basis for
any partial tax year included in the 'Perm. Lessee's obligation to pay Taxes on a prorated basis
during the last year of the Term shall survive the termination of this Lease.
10.5 Payment by Lessor. In the event Lessee fails to timely pay any such
Taxes for which Lessee is responsible pursuant to this Lease, and such failure continues for a ten
day period after said Taxes are due or after the delinquency period, Lessor may, at its option,
upon providing a 5 -day written notice to Lessee and opportunity to cure within such 5 -day
period, pay any such Taxes together with all penalties and/or interest which may have been
added thereto by reason of any such delinquency or failure to pay when due, and may likewise
redeem the Lease Premises, or any part thereof, or the buildings or improvements located
thereon, from any tax sale or sales. Any such amounts so paid by Lessor shall be immediately
paid by Lessee to Lessor as a Cost reimbursement, however, such Cost reimbursement shall be
due and paid by Lessee within ten (10) business days of demand.
11. UTILITIES
11.1 During the term thereof, Lessee agrees to pay, when due, and to hold
Lessor harmless from any liability for any and all charges and/or assessments for water, sewer,
gas, electricity, telephone or other communication services or cable television and all other forms
of utility services of every kind and nature used, rendered, or supplied to, upon, or connection
with the Lease Premises throughout the Term, including all charges for installation of meters,
conduits or other facilities required for such service. Lessee shall indemnify Lessor from and
594733.10 13
defend and hold Lessor harmless against any claim, liability, damage, loss, costs or expense in
connection with such charges.
11.2 Existing and Future Easements and Rights of Wu. This Lease is made
and accepted and the Lease Premises leased subject to all outstanding easements and rights-of-
way for location of any facility over, across, in and upon the Lease Premises or any portion
thereof. The Lease shall be subject to the right of Lessor to grant such additional easements and
rights of way over, across, in and under the Lease Premises as it shall determine to be in the
public interest; provided that any such additional easement or right of way shall not unreasonably
interfere with Lessee's then -existing development, operation or use of the Lease Premises
consistent with this Lease. Lessor further reserves the right for itself, to grant, transfer, convey,
assign, lease, convey in trust, mortgage, hypothecate, or otherwise encumber, the rights hereby
excepted and reserved in this Section without notice to, or the necessity of obtaining any consent
or approval of Lessee.
12. RIGHT OF ENTRY
12.1 Should Lessor determine Lessee to be deficient in the performance of its
obligations under this Lease, in addition to all other available remedies, Lessor may, but shall not
be obligated to enter upon the Lease Premises and correct Lessee's deficiencies using Lessor's
forces, equipment and materials suitable for such purposes, or in Lessor's discretion, by
employing one or more independent contractors; provided that Lessor shall not enter upon the
Lease Premises and correct Lessee's said deficiencies, unless and until Lessor has first given
Lessee thirty (30) days prior written notice of its intention to do so (during which period Lessee
will be entitled to correct any such deficiency or deficiencies). Lessor's costs so incurred,
including direct and indirect overhead costs as determined by Lessor, shall be reimbursed to
Lessor by Lessee within thirty (30) days of demand thereof, as a Cost Reimbursement pursuant
to this Lease.
12.2 Any officers and/or authorized employees of Lessor may, but shall not be
obligated to, enter upon the Lease Premises at any time, in case of emergency, and otherwise at
all reasonable times for the purpose of inspecting the condition of the Lease Premises and for
determining Lessee compliance with the terms and conditions of the Lease, or for any other
purpose incidental to the rights of Lessor within the Lease Premises; provided, however, Lessor
shall provide not less than forty-eight (48) hours written notice to enter the Premises as described
herein except in the case of city police, code enforcement officers, or personnel from the Orange
County Fire Authority or other emergency service agency, which shall be provided access at any
time without advance notice.
12.3 Entry by the officers, employees, agents or independent contractors of
Lessor upon the Lease Premises for the purposes described in Section 11 shall be without
prejudice to the exercise of any other rights provided herein or by law to remedy a breach of this
Lease.
13. INSURANCE AND INDEMNITY
594733.10 1.4
13.1 Insurance. Lessee shall provide and maintain in full force and effect at its
own expense during the Term of this Lease the following insurance covering its operations under
this Lease. Such insurance shall be provided with insurers licensed to do business in the State of
California, with a rating of at least A VII, according to the latest Best's Key Rating Guide or A -X
(if offered by a surplus line carrier that is non -admitted). Evidence of such insurance shall be
delivered to Lessor on or before the Effective Date, including provision of certificates of
insurance and required insurer endorsements, and evidence of renewal policies and endorsements
shall be delivered to Lessor prior to the expiration of each such policy and endorsement.
Insurance endorsements (or a copy of the policy, if applicable) shall be provided as evidence of
meeting the requirements of this Section. The Insurers shall specifically identify this Lease and
shall contain express conditions and an endorsement that Lessor is to be given at least thirty (30)
days advance written notice of any material modification in or termination of insurance.
(Alternatively, Lessee may provide Lessor with whatever assurance of notice of cancellation to
Lessor that an insurer is willing to provide, along with evidence that the full amount of the
premium for the full term of each insurance policy has been pre -paid by Lessee.) Such insurance
shall include an endorsement that coverages are to be primary to and not contributing with any
other insurance maintained by Lessor, and an endorsement shall name Lessor, and its council
members, officers, officials, employees, agents and contractors as additional insureds and by an
endorsement provide that all losses shall be payable notwithstanding any act or failure to act or
negligence of Lessor, or any other person. All insurance shall be maintained on an occurrence
basis.
13. 1.1 Commercial General Liability Insurance. Commercial general
liability and property damage insurance covering the Lease Premises, contractual, broad form
property damage, and bodily injury or death, with a limit of not less than $2,000,000 per
occurrence, and $7,000,000 aggregate. Because of the length of the Term, Lessor, at -Lessor's
risk manager's sole discretion, shall have the right to reevaluate and raise the amount of required
insurance coverage covering the Lease Premises on an annual basis. Lessor shall notify Lessee in
writing if additional coverage is required of Lessee. Lessee shall provide the requested coverage
in place no later than thirty (30) days after notice provided by Lessor.
The general liability policy is to contain, or be endorsed to contain, the following
provisions:
(1) Lessor and its council members, commissioners, elected officials,
officers, managers, employees, and contractors are to be covered as additional insureds as
respects liability arising out of use of the Lease Premises. The coverage shall contain no
special limitations on the scope of protection afforded to Lessor, its officers, officials,
employees, agents or contractors.
(2) Lessee's insurance coverage shall be primary insurance as respects
Lessor, and their respective officers, officials, employees and contractors. Any insurance
or self-insurance maintained by Lessor shall be excess of Lessee's insurance and shall not
contribute with it. (Lessee acknowledges that excess and "umbrella" liability insurers are
often unwilling to provide endorsements that their policies are primary, and understands
that Lessor will not accept an excess or umbrella liability policy to satisfy these
594733.10 15
requirements unless the insurer endorses the policy to be primary insurance as respects
Lessor.)
(3) Any failure to comply with reporting or other provisions of the
policies including breaches of warranties shall not affect coverage provided to Lessor, its
officers, officials, employees, agents, or contractors.
(4) Coverage shall state that Lessee's insurance shall apply separately
to each additional insured against whom claim is made or suit is brought, except with
respect to the limits of the insurer's liability.
(5) Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be suspended, voided, canceled, reduced in coverage or in
limits except after thirty (30) days' prior written notice by certified mail, return receipt
requested, has been given to .Lessor. (Alternatively, Lessee may provide Lessor with
whatever assurance of notice of cancellation to Lessor that an insurer is willing to
provide, along with evidence that the full amount of the premium for the full term of each
insurance policy has been pre -paid by Lessee.)
(6) Each insurance policy shall include an endorsement that the
Insurer waives any right of subrogation against Lessor which may arise by reason of any
activities of Lessee, Lessor or payments under a policy.
13.1.2 Workers Compensation Insurance. Workers' compensation insurance in
an amount and form meeting all applicable requirements of the California Labor Code, covering
all persons providing services by or on behalf of Lessee and all risks to such persons. The
workers' compensation insurance policy is to contain, or be endorsed to contain, the following
provisions:
(a) "The insurer waives any right of subrogation against the City of Tustin
and its council members, commissioners, elected officials, officers, managers and employees,
which may arise by reason of any activities of Lessee, Lessor or payments made under this
policy."
(b) Coverage shall not be suspended, voided, canceled, reduced in coverage or
in limits except after thirty (30) days prior written notice by certified mail, return receipt
requested, has been given to the Lessor. (Alternatively, Lessee may provide Lessor with
whatever assurance of notice of cancellation to Lessor that the insurer is willing to provide, along
with evidence that the full amount of the premium for the full term of each insurance policy has
been pre -paid by Lessee.)
13.1.3 Builder's Risk Insurance. Commencing upon the construction of any
major alterations which includes buildings and structures only and continuing until such time as
the applicable major alterations are accepted and detennined complete by Lessor, Lessee shall
obtain and. thereafter maintain a builder's risk policy with respect to such improvements,
included clauses of property coverage form policies. Such insurance shall be maintained in an
amount not less than one hundred percent (100%) of the full insured value of the major
alterations. The term "full insured value" as used in this Section shall mean the cost determined
594733.10 16
by mutual agreement by Lessor and Lessee of providing similar major alterations of equal size
and providing the same habitability as the major alterations immediately before such casualty or
other loss, but using readily -available contemporary components, including the cost of
construction, architectural and engineering fees, and inspection and supervision.
13.1.4 Personal Property Insurance. Lessee, at its sole cost and expense, shall
maintain fire and extended coverage insurance throughout the term of this Lease on its Trade
Fixtures within the Lease Premises from loss or damage to the extent of their full replacement
value.
13.1.5 Sexual Misconduct and Abuse Insurance. Lessee, at its sole cost and
expense, shall procure and keep in effect at all times during the term of this lease Sexual
Molestation and Abuse Insurance, with a minimum limits of $2,000,000 per occurrence and
$4,000,000 aggregate.
13.1.6 Other Insurance Requirements.
13.1.6.1 Contractors and Subcontractors. Lessee shall include
all of its contractors and subcontractors as insureds under its policies or shall famish separate
certificates and endorsements for each contractor and subcontractor. All coverages for
contractors and subcontractors shall be subject to all of the requirements stated herein, and
Lessee shall cause contractors and subcontractors to deliver evidence of such coverage and
endorsements to City prior to commencement of work on the Lease Premises. The limits shall be
the same as the City requirements unless the Risk Manager deems otherwise.
13.1.6.2 Failure by Lessee to procure or maintain required insurance
shall constitute an event of default if. (a) Lessee fails to cure within ten (10) days after Lessee
discovers the failure to maintain or procure the insurance; or (b) Lessee fails to cure within ten
(10) days after Lessor delivers notice to Lessee of the failure to maintain or procure the
insurance; or (c) a claim or other event potentially subject to coverage under the insurance which
Lessee failed to procure or maintain occurs or is brought at a time of such under -insurance or
non -insurance. Lessee shall suspend Lessee's operations, including but not limited to
construction activities, during any period Lessee or any of its contractors or subcontractors, fails
to maintain required insurance in fall force and effect.
13.1.6.3 Verification of Coverage. In addition to completing an
Acord form, Lessee shall famish Lessor with original endorsements effecting coverage required
by Section 13. The Acord certificates and individual endorsements are to be signed by a person
authorized by that insurer to bind coverage on its behalf. All endorsements are to be received
and approved by Lessor at least fifteen (15) days before the Effective Date, and renewal policies
and endorsements shall be received and approved at least thirty (30) days prior to the expiration
of each required policy.
13.1.6.4 Damage and Destruction. In the event of damage or loss to
the buildings or improvements situated on the Lease Premises, then Lessee shall take all
appropriate steps to erect necessary fencing and structures to preclude unauthorized access to the
594733.10 17
Lease Premises and otherwise mitigate hazardous and unsafe conditions within the Lease
Premises caused by the damage and destruction.
In the event that damage or destruction to the Lease Premises is the result
of an event for which insurance coverage is not required hereunder or is in excess of the amount
required, Lessee shall have the option to repair the Lease Premises, or if such damage and
destruction render the Lease Premises unusable for their intended purposes, to terminate this
Lease in accordance with applicable provisions herein by written notice to Lessor. In the event
Lessee elects to terminate this Lease under this Section, then in addition to the other
requirements set forth in this Lease, including but not limited to the requirements of Section
15.4, Lessee shall be responsible for removing its Trade Fixtures from the Lease Premises
including but not limited to all hazardous materials it brought to the Lease Premises, and for
reporting, containing, removing and cleaning up any land, air and water pollution resulting from
the damage and destruction which is attributable to Lessee's use of the Lease Premises. Such
responsibilities will be carried out by Lessee in a timely manner with other applicable provisions
of this Lease with due consideration for human health and safety and the protection of the
environment, and in any case in compliance with the requirements and deadlines established by
law, regulation, or directive from any Federal, State or local environmental or public safety
agency.
13.2 Indemnity. Notwithstanding anything to the contrary hereinabove
contained, and irrespective of any insurance carried. by Lessee, Lessee shall defend, with counsel
acceptable to Lessor, indemnify, protect, and save harmless Lessor and its council members,
commissioners, elected officials, officers, managers, employees and contractors (collectively, the
"Lessor Indemnitees") from, and shall pay all costs, expenses and reasonable attorney fees for all
trial and appellate levels and post judgment proceedings in connection with and from, any and all
demands, claims, actions, proceedings, suits, losses, liens, costs, judgments, damages or
liabilities of any kind and nature whatsoever, including expenses incurred in defending against
legal actions, for death or injury to persons or damage to property and for civil fines and
penalties arising, and for any violation or alleged violation of any local, state or federal law or
regulation at the Lease Premises, and for any breach of this Lease arising out of, or in connection
with, or in any manner predicated upon the use of, occupancy of, and/or operations carried on
upon the Lease Premises by Lessee, its officers, officials, employees, agents, servants, guests,
invitees, contractors, including the following:
(1) Any dangerous, hazardous, unsafe or defective condition, in or on
the Lease Premises, or any nature whatsoever, which may exist by reason of any act,
omission, neglect, or any use or occupation of the Lease Premises by Lessee, its officers,
officials, employees, agents, contractors, subleases, licensees, or invitees from
commencement of the term of this Lease;
(2) Any operation conducted upon or any use or occupation of the
Lease Premises by Lessee, its officers, officials, employees, agents, contractors,
employees, sublessees, licensees or invitees under or pursuant to the provisions of this
Lease or otherwise;
594733.10 18
(3) Any act, omission, or negligence of Lessee, its officers, officials,
employees, agents, design consultants, professional consultants and contractors;
(4) The loss of or damage to any property of Lessee by theft or
otherwise;
(5) Any failure of Lessee, its officers, officials, employees, agents,
contractors, subleases or licensee's to comply with the terms or conditions of this Lease,
or any applicable federal, state, regional or municipal law, ordinance, rule or regulation
related to the use or occupancy of the Lease Premises.
13.3 Lessor shall notify Lessee within thirty (30) days of receiving notice of
any claim filed against it that Lessor becomes aware is covered by indemnity in Section 13.2 or
elsewhere in this Lease.
13.4 Lessee's Liability Extends to Its Contractors and Sublessees. Lessee's
liability shall extend to the performance of major alterations or other Alterations or in use of the
Lease Premises by any design consultant, professional consultant, contractor, subcontractor,
assignee, sublease or license of Lessee under this Lease.
13.5 Limitation of Indemnities. Notwithstanding anything to the contrary in
Section 13.2 above or elsewhere in this Lease, Lessee shall not have any responsibility for
indemnifying the Lessor Indemnitees (as defined in Section 13.2 above) or any of them for that
Lessor Indemnitee's own gross negligence and/or willful misconduct.
14. NON-DISCRIMINATION, CIVIL RIGHTS AND OTHER PREVAILING
COMPLIANCE REQUIREMENTS
14.1 Non -Discrimination and Equal Opportunity.
14.1.1 Lessee covenants and agrees, for itself, each and every Lessor
approved assignee and or sublessee and each and every Person claiming by, through or under
Lessee, (a) that it shall not discriminate against any employee or applicant for employment on
any basis prohibited by law and (b) that it will comply with all applicable provisions of the Civil
Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and the Age Discrimination in
Employment Act of 1975 in the use, occupancy, of the Lease Premises.
14.1.2 Equal Opportunity. Lessee shall provide equal opportunity in all
employment practices. Lessee shall not discriminate against any employee or applicant for
employment because of race, color, religion, sex, or national origin. Lessee shall take
affirmative action to ensure that applicants are employed, and that employees are treated during
employment, without regard to their race, color, religion, sex, or national origin. Such action
shall include, but not be limited to the following: employment, upgrading, demotion or transfer,
recruitment or recruitment advertising, layoff or termination, rate of pay or other forms of
compensation and. selection for training, including apprenticeships. Lessee shall post in
conspicuous places available, available to employees and applicants for employment, notices
setting for the provisions of this non-discrimination.
594733.10 19
14.1.3 Obligation to Refrain from Discrimination. Lessee covenants and
agrees for itself, each and every Lessor approved assignee or sublessee and each and every
Person claiming by, through or under Lessee, that:
14.1.3.1 No Discrimination. There shall be no discrimination
against or segregation of any person, or group of persons, on account of race, color, creed,
religion, sex, sexual orientation, marital status, national origin or ancestry in the sublease,
assignment, use, occupancy, tenure or enjoyment of the Lease Premises or in construction of
improvements on the Lease Premises, nor shall Lessee itself or any person claiming under or
through it establish or permit any such practice or practices of discrimination or segregation with
reference to the use or occupancy of Lessee on the Lease Premises or assignees, sublessees,
contractors or vendees of Lessee;
14.1.3.2 Deed Restrictions. All leases or contracts shall contain or
be subject to substantially the following non-discrimination or non -segregation clauses:
In leases: Lessee herein covenants by and for itself, its successors
and assigns, and each and every Person claiming under or through them, and this lease is made
and accepted upon and subject to the following conditions:
That there shall be no discrimination against or segregation of any
person or group of persons, on account of race, color, creed, religion, sex, sexual orientation,
marital status, national origin or ancestry in the leasing, subleasing, renting, transferring, use,
occupancy, tenure or enjoyment of the land herein leased, nor shall Lessee itself, or any person
claiming under or through it, establish or permit such practice or practices of discrimination or
segregation with reference to the selection, location, number, use or occupancy of Lessees,
sublessees, subtenants, contractors or vendees in the Lease Premises.
In contracts: There shall be no discrimination against or
segregation of any person or group of persons on account of race, color, creed, religion, sex,
sexual orientation, marital status, national origin or ancestry in the Lease, sublease, transfer, use,
occupancy, tenure or enjoyment of the land, nor shall Lessee itself or any person claiming under
or through it, establish or permit any such practice or practices of discrimination or segregation
with reference to the selection, location, number, use or occupancy of Lessees, subtenants,
sublessees, contractors or vendees in the Lease Premises.
14.2 Compliance with ADA. Lessee represents, warrants and covenants that
Lessee shall conduct its business and maintain the Lease Premises in accordance with any
applicable requirements of the American with Disabilities Act of 1990 (the "Act"), as may be
amended and with all. other applicable federal, state and local, statutes, rules, regulations and
ordinances related to handicap accessibility.
14.3 Prevailing Wage Requirements. Lessee hereby acknowledges and agrees
that construction of improvements under the Lease will be subject to applicable Federal and State
Labor Laws and requirements and requirements and that they shall be responsible for
investigating the applicability of and, if and to the extent applicable, pay prevailing wages for
construction of improvements meeting the requirements of State Law, or Davis -Bacon act wages
594733.10 20
required by federal law (for certain federally grant funded construction activities, as applicable),
or if both are applicable, meeting the higher of the foregoing requirements. Lessee hereby agrees
that it shall be fully responsible for determining whether the foregoing wage requirements are
applicable. Lessee agrees to give to Lessor prompt written notice of any violation, potential
violation or assertion of non-compliance by Lessee (of which Lessee is or becomes aware), with
any of these requirements as identified by the applicable agency overseeing such compliance.
As a material part of the consideration for the Base Rent under this Lease, Lessee shall also
indemnify, protect, defend and hold harmless Lessor and its council members, commissioners,
elected officials, officers, managers, employees and contractors from and against any and all
claims or acts or omissions of Lessee in connection with the failure of Lessee or its officers,
officials, employees, agents or contractors to comply in construction of improvements or
alterations of the Lease Premises with any applicable prevailing wage requirements imposed by
State law and/or Federal law, including but not limited to the Davis -Bacon requirements.
15. DEFAULT, CERTAIN REMEDIES, TERMINATION
15.1 Default Notices.
15. 1.1 If Lessee fails to perform any term, covenant or condition of this at
any time during the Term and Lessor concludes that Lessee has not complied in good faith with
the provisions of the Lease, Lessor shall issue a written "Notice of Default" by certified mail,
specifying the grounds thereof and all facts demonstrating such non-compliance. Lessee shall
have thirty (30) days after receipt by Lessee of such notice to respond in writing to such notice
by either specifying how its non-compliance has been cured or the grounds upon which it
believes that it is complying with the Lease. If Lessor has not received a response to the Notice
of Default within the prescribed thirty (30) days, or within such later period of time as
established by Lessor, the Notice of Default shall be conclusively presumed to be valid and
Lessor may commence proceedings on termination of the Lease pursuant to Section 15.2;
15.1.2 If Lessee ceases to operate the Leased Premises for the uses
authorized in accordance with this Lease for a period of ninety (90) days or longer or dissolves
or is unable to fund its services and programs on the Lease Premises for any consecutive period
of ninety (90) days or longer, Lessor may elect, by written notice to Lessee, to terminate the
Lease pursuant to proceedings on termination pursuant to Section 15.1.1 above and this Section
15.1.2. The provisions of this Section 15.1.2 shall not be applicable to operating cessations
necessitated by reason of (a) an approved construction or alteration of the Lease Premises and/or
the Improvements thereon in accordance with the provisions of this Lease, or (b) restoration of
the Lease Premises and/or the Improvements thereon in accordance with the provisions of this
Lease following condemnation and/or casualty damage or destruction thereof.
15.2 Termination by Lessor.
15.2.1 Notwithstanding any other provisions of this Lease, Lessor, upon
the occurrence of a default hereunder by Lessee, which default remains uncured by Lessee after
any applicable period to cure a default as provided for in Section 15.1.1 or elsewhere herein or
for such longer cure period as may be approved in writing by Lessor shall have the immediate
option to terminate this Lease and all rights of Lessee hereunder by giving written notice by
594733.10 21
certified mail of such intention to terminate this Lease in the manner as specified in Section 15.
Such written notice of termination shall be effective as of the date specified therein. The
remedies set forth in this section shall be in addition to any other remedies available to Lessor at
law or in equity.
15.2.2 In the event of termination of this Lease for default, Lessee by
signing this Lease hereby waives any and all rights of any type, kind or amount and releases
Lessor and City of Tustin against any and all claims Lessee might have under the U.S. or State
Constitution or State Law for loss of goodwill, the value of the Leasehold interest and Lease
improvements, and relocation assistance, including but not limited to any such or similar rights
prescribed by any state, federal or local law or regulation and waiving all rights to just
compensation under the U.S. and California Constitutions.
15.3 Termination by Lessee. Lessee shall have the right to terminate this Lease
upon thirty (30) days written notice to Lessor by certified mail, return receipt requested, for any
reason including, but not limited to the event of damage or destruction of all of the Lease
Premises including improvements (including loss of utilities for any reason) on the Lease
Premises, or such a substantial portion thereof so as to render the Leased Premise incapable of
use for the purposes for which it is leased hereunder. Termination in the event of damage or
destruction of Lease Premises or improvements shall be subject to the provisions of Section 15.4.
15.4 Damage or Destruction of the Lease Premises.
15.4.1 Partial Damage. In the event of partial damage to the Lease
Premises then Lessee shall be entitled to receive the insurance proceeds from Lessee's policy and
attributable to the damage of the Lease Premises and/or payable in connection with any duties or
obligations of Lessee- contemplated herein such as restoration, clean-up, debris removal, etc.
Lessee shall commence repair to such damage within one hundred and eighty (180) days after
such damage or such additional time as may approved in writing by Lessor after such damage to
allow time for collection of insurance proceeds, planning for restoration, compliance with
Governmental Requirements, procurement of any necessary governmental permits and
approvals, engagement of necessary architects, consultants and contractors, and the like, and this
Lease shall continue in full force and effect. For good cause, the time to repair may be extended
by written agreement of the parties. In the event that the required insurance policy held by
Lessee is not in force, or insurance proceeds received by Lessee are not sufficient to effect such
repair (e.g., because of deductibles or under -insurance), Lessee shall either: (a) promptly
contribute the shortage in proceeds as and when required to complete repairs; or (b) within
ninety (90) days after such damage, deliver written notice to Lessor of Lessee's election to
terminate this Lease. Such damage shall not extend the Lease Tenn. Lessor shall have no
obligation to pay for the shortage in insurance proceeds or to restore the unique aspects of the
Lease Premises. In the event Lessee elects to terminate the Lease, Lessee shall, at its sole
expense, and within one hundred eighty (180) days after the damage, and subject to such
exceptions as the parties may then agree upon in writing: (x) cause all debris and all
Improvements, including but not limited to damaged Improvements, to be removed from the
Lease Premises; and (y) clean and restore the Lease Premises to a flat and vacant condition, free
of debris.
594733.10 22
15.4.2 Total Destruction. In the event that the Lease Premises and/or the
Improvements shall be damaged or destroyed by fire or other cause, so as to render the Lease
Premises and/or the Improvements incapable of use for the purposes for which they are intended,
Lessee may elect whether to: (a) repair the Premises, or (b) to terminate this Lease. Lessee shall
notify Lessor in writing of its election within ninety (90) days of such destruction. In the event
Lessee elects to repair the Lease Premises, the work or repair shall commence promptly and
within one hundred and eighty (180) days after such damage or such additional time as may
granted in writing by Lessor, taking into consideration the time needed for Lessee to collect
insurance proceeds, plan for restoration, procure any necessary governmental permits and
approvals, engage architects, consultants and contractors, and the like, and once begun shall be
carried on without unnecessary delay. In the event Lessee elects not to repair the Lease
Premises, the Lease shall be deemed terminated within thirty (30) days after receipt by Lessor of
Lessee's election not to repair the Lease Premises. In the event Lessee elects to terminate the
Lease, Lessee shall, at its sole expense, and within one hundred eighty (180) days after the
damage, and subject to such exceptions as the parties may then agree upon in writing: (x) cause
all debris and all Improvements, including but not limited to damaged Improvements, to be
removed from the Lease Premises; and (y) clean and restore the Lease Premises to a flat and
vacant condition, free of debris. Lessee shall be entitled to insurance proceeds under the Lease
Premises casualty policy required to -be carried by Lessee pursuant to this Lease, and the Lease is
terminated under this Section, Lessee shall. be entitled to the portion of such proceeds attributable
to the destruction of the improvements or alterations constructed by Lessee on the Lease
Premises and the reasonable cost of performing Lessee's erection and mitigation work
contemplated in Section 13.1.5.4, and Lessor shall be entitled to the portion of proceeds
attributable to the real property, excluding the value of the land and any cost to demolish and
remove any improvements on the Lease Premises, and any amounts to which Lessee is entitled
pursuant to the foregoing provisions of this Section 15.4.2.
15.5 Termination b either ither Party as Result of Eminent Domain. In the event
that title to the whole of the Lease Premises shall be lawfully condemned or taken in any manner
for any public or quasi -public use or conveyed in lieu of condemnation, this Lease shall
automatically terminate as of the date possession is required to be delivered to the condemnor.
In the event that only a portion of the Lease Premises is taken and the Lease Premises are thereby
rendered, in Lessee's reasonable opinion, unsuitable for the conduct of Lessee's business, Lessee
may terminate this Lease by giving written notice of such termination to Lessor within ten (10)
days after the date when possession of the portion of the Lease Premises so taken is delivered to
the condemning authority. Any award for the taking of all or any part of the Lease Premises
under the power of eminent domain or any payment made under threat of the exercise of such
power shall be property of the Lessor, whether such award shall be made as compensation for
diminution in value of the leasehold or for the taking of the fee. In the event of eminent domain
initiated by any Federal, State or local agency other than the City of Tustin or the Tustin
Redevelopment Agency, Lessee shall be entitled to seek from the condemning authority a
portion of the condemnation award for relocation, loss of Lessee's trade fixtures, and severance
damages. In the event of any eminent domain, Lessee, by signing this Lease hereby waives any
and all rights of any type, kind or amount and releases the City of Tustin (in its capacity as
Lessor and in any and all other capacities in which it may act) and the Tustin Community
Redevelopment Agency against any and all claims Lessee might have under the U.S. or State
Constitution or State Law for the loss of goodwill, the value of the Leasehold interest and Lease
594733.10 23
improvements, relocation assistance, and severence damages, including but not limited to any
such or similar rights prescribed by any state, federal or local law or regulation and waiving all
rights to just compensation under the U.S. and California Constitutions.
15.6 The following provisions/sections of this Lease shall survive termination:
- All indemnification provisions benefitting either party, including but
not limited to Section 13.2; and
- All provisions in the Lease that establish or entitle a party to remedies
for violations of Lease obligations occuring prior to termination; and
- Section 3 to the extent of any unpaid Base Rent, Additional Rent or
Cost Reimbursement; and
- Sections 2.2.1, 2.2.2, 3.4, 3.5, 5, 6.1, 7.6.8, 7.6.9, 7.7 and each of its
subsections, 14, 15.2 and each of its subsections, 15.5, 16.1, 16.2,
17.1, 17.2, 17.3, 18, 20, and Section 22 and each of its subsections.
16.1 Ownership of Improvements. The Improvements constructed at any time
upon the Lease Premises by or at the expense of Lessee shall be and remain the property of
Lessee; provided that upon expiration or earlier termination of the Lease, the Improvements shall
become the property of Lessor without any right of Lessee to receive compensation therefor and
without any further act required of either Lessor or Lessee (subject, however, to Lessee's right to
remove Tenant's Trade Fixtures from the Premises at or before the date of expiration or earlier
termination).
16.2 Surrender. On the last day of the Tenn, or upon any earlier termination of
this Lease pursuant to the terms hereof, or upon any reentry by Lessor upon the Lease Premises
pursuant to Section 15, Lessee shall surrender to Lessor the Lease Premises in good order,
condition and repair (except for: (i) reasonable wear and. tear, (ii) loss or damage for which
Lessee is not liable hereunder, and (iii) Tenant's Trade Fixtures) and free and clear of all liens
and encumbrances (other than (a) those, if any, permitted or otherwise created or consented to by
Lessor, and (b) any Leasehold Mortgage permitted in writing by Lessor) and if requested to do
so, shall execute, acknowledge and deliver to Lessor such instruments of further assurance as in
the reasonable opinion of Lessor are necessary or desirable to confirm or perfect Lessor's right,
title and interest in and to the Lease Premises; provided, however, that so long as a leasehold
mortgage is in effect, Lessee shall have no right to surrender the Lease Promises (except a,
surrender upon the expiration of the Tenn or upon termination by Lessor pursuant to and subject
to the provisions of this Lease) and Lessor shall not accept any attempted surrender unless prior
written consent of any Leasehold Mortgagee shall have been obtained,
17. LEASEHOLD MORTGAGES
17.1 No Subordination. The fee estate and Lessor's interest under this Lease
shall not be subordinate to any Mortgage unless approved in writing by Lessor.
594733.10 24
17.2 Subject to Lease. All mortgages and all renewals, modifications,
consolidations, replacements and extensions thereof, shall be subject and subordinate to this
Lease. Each Mortgagee shall, as a condition precedent to approval by Lessor, execute such
instruments and/or documents as Lessor may request.
17.3 Cross -Collateralization Prohibited. This Lease shall not be cross -
collateralized to serve as additional security for any loan by any Mortgage, which is also secured
by real property other than the Lease Premises, the improvements thereon, any portion thereof or
any interest therein.
18. PAYMENTS AND NOTICES
. Any payments or notices to be given or other documents to be delivered by either Party
under the terms of this Lease, or any law applicable hereto, must be either personally delivered
or placed in a sealed envelope, postage prepaid, addressed to the person on whom it is to be
served and deposited in the United States Mail in the State of California, duly certified, with
postage pre -paid and return receipt requested, at the following addresses, or such other address as
any party may designate by providing notice to the other parties as provided herein. Notices
shall be deemed delivered upon the date of personal service, or upon the date of actual delivery
as shown in the return receipt if delivery is made by mail:
"Lessor"
City Clerk
City of Tustin
300 Centennial Way
Tustin, CA 92780
Copy to:
City Attorney
Woodruff, Spradlin & Smart
555 Anton Blvd. Suite 1200
Costa Mesa, CA 92626
"Lessee":
Chief Professional Officer
Boys and Girls Clubs of Tustin
580 West Sixth Street
Tustin, CA 92780
19. ESTOPPEL CERTIFICATES
19.1 Lessee shall, upon prior request by Lessor, execute, acknowledge and
deliver to Lessor, or to such other persons who may be designated in writing by Lessor, an
estoppel certificate as requested by Lessor certifying that the Lease is unmodified and in full
force and effect (or if there have been modifications, that the same is in full force and effect as
modified and stating the modifications) and, if so, other items requested by Lessor, including the
594733.10 25
Lease Term, Commencement Date, Termination date, and rent amounts and such other matters
as requested by Lessor concerning the tenancy of Lessee.
19.2 Lessor shall, upon prior request by Lessee, execute, acknowledge and
deliver to Lessee, or such other persons who may be designated in writing by Lessee, an estoppel
certificate as requested by Lessee certifying that the Lease is unmodified and in full force and
effect (or if there have been modifications, that the same is in full force and effect as modified
and stating the modifications) and, if so, other items requested by Lessee, including the Lease
Tenn, Commencement Date, the Termination date, and rent matters and such other matters as
requested by Lessee concerning the tenancy of Lessee.
20. LIMITATION ON LIABILITY
In consideration of the benefits
accruing hereunder, Lessee and Lessor covenant and
agree, in the event of any actual or alleged failure, breach or default hereunder by Lessor: (a)
Lessee's sole and exclusive recourse shall be against Lessor's interest in the Lease Premises and
Lessee shall not have any right to satisfy any judgment which it may have against Lessor from
any other assets of Lessor; (b) no elected official, commissioner, official, officer, employee,
contractor, agent, attorney, beneficiary or trustee of Lessor (each a "Lessor Party') shall be sued
or named as a party in any suit or action (except as may be necessary to secure jurisdiction over
Lessor and Lessor's interest in the Lease Premises); (c) no service of process shall be made
against any Lessor Party (except as may be necessary to secure jurisdiction over Lessor and
Lessor's interest in the Lease Premises); (d) no Lessor Party shall be required to answer or
otherwise plead to any service of process; (e) no judgment will be taken against any Lessor
Party; (f) any judgment taken against any Lessor Party may be vacated and set aside at any time
nunc pro tune: (g) no writ of execution will ever be levied against the assets of any Lessor Party;
and (h) these covenants and agreements are enforceable by Lessor and also by any Lessor Party.
21. QUIET POSSESSION
Upon Lessee paying the Rent and the other sums due hereunder and observing and
performing all the covenants, conditions, terms and provisions on Lessee's part to be observed
and performed hereunder, Lessee shall have quiet possession of the Lease Premises for the Term
hereof, subject to all provisions of this Lease.
22. GENERAL PROVISIONS
22.1 Consent to Jurisdiction and Applicable Law. The Parties hereto agree that
all actions and proceedings arising in connection with this Lease shall be tried and litigated
exclusively in the Superior Court of the County of Orange, State of California, in any other
appropriate court of that county, or in the United States District Court for the Central District of
California. This choice of venue is intended to by the Parties to be mandatory and not
permissive in nature.
The Lease shall be governed by, interpreted under, construed and enforced in
accordance with the laws of the State of California, irrespective of California's choice -of -law
principles.
594733.10 26
22.2 Entire Agreement, Waivers and Amendments. This Lease constitutes the
entire understanding and agreement of the Parties with respect to the matters set forth in this
Lease. This Lease supersedes all negotiations and previous agreements and leases between the
Parties respecting the subject matter of this Lease, including but not limited to the Original Lease
and its amendments. No amendment, change, modification or supplement to this Lease shall be
valid and binding on any of the Parties unless it is signed by the appropriate and authorized
signatories of Lessee and Lessor.
22.3 Construction and Interpretation of Lease.
22.3.1 The language in all parts of the Lease shall in all cases be
construed as simply, as a whole and in accordance with its fair meaning and not strictly for or
against any Party.
22.3.2 If any term or provision of the Lease, the deletion of which would
not adversely affect the receipt of the material benefit by any Party hereunder, shall be held by a
court of competent jurisdiction to be invalid or unenforceable, the remainder of the Lease shall
not be affected thereby and each other term and provision of the Lease shall be valid and
enforceable to the fullest extent permitted by law.
22.3.3 Any captions of the sections of subsections in this Lease are
inserted solely for convenience and reference only and shall not define, explain, modify,
construe, limit, amplify or aid in the interpretation, construction or meaning of any of the
provisions of the Lease.
22.3.4 As used in this Lease and as the context may require, the singular
includes the plural and vice versa and the masculine gender includes the feminine and vice versa;
the words "include" and "including" mean respectively "include, without limitation" and
"including, without limitation," and: "shall" be mandatory and "should" and "may" are
permissive.
22.4 Covenant of Cooperation. The Parties shall cooperate with each other,
deal with each other in good faith and assist each other in the performance of the provisions of
this Lease. In the event of any legal action instituted by a third party or other governmental
entity or official challenging the validity of any provision of this Lease, the Parties agree to
cooperate in defending such action to the extent permitted by law.
22.5 No Partnership/Joint Venture. Nothing contained in this Lease shall be
deemed or construed to create a partnership, joint venture, joint enterprise or any other
relationship between the Parties hereto other than Lessor and Lessee according to the provisions
contained in this Lease, or cause Lessor to be responsible in any way for the debts or obligations
of Lessee.
22.6 No Waiver. The failure of Lessor to see redress for violation of, or to
insist upon the strict perforinance of, any covenantor condition of this Lease shall not be deemed
a waiver by Lessor of its rights to such redress for a prior, concurrent, or subsequent violation of
the same or any other covenant or condition of this Lease. The receipt by Lessor of any Rent or
other Cost Reimbursements required of Lessee with knowledge of any preceding breach by
594733.10 27
Lessor of any covenant, term or condition of this Lease shall not be deemed to have been waived
by Lessor.
22.7 Force Majeure Delays. If either Party shall be delayed or prevented froth
performance of any act required by this Lease by reason of acts of God, blockades, rebellion,
war, insurrection, acts of terrorism, strikes or lockouts, freight embargo, inability to procure
materials, unusually severe weather, reasonably unforeseeable physical condition of the Lease
Premises including the presence of Hazardous Materials, fire, earthquake or other casualty, or
other cause, without fault and beyond the reasonable control of the Party obligation (financial
inability excepted), performance of such act shall be excused for the period of delay, and the
period for the performance of any such act shall be extended for a period equivalent to the period
of such delay; provided however, that if any Party ("First Party') believes that an extension of
time is due to Force Majeure Delay, it shall notify the other Party (the "Second Party") in writing
within at least thirty (30) days from the date upon which the First Party becomes aware of such
Force Majeure Delay, describing the Force Majeure Delay, when and how the First Party
obtained knowledge thereof, the date the event commenced, the steps the First Party anticipates
taking to respond to such Force Majeure Delay, and the estimated delay resulting from such
Force Majeure Delay and response. The extension of Force Majeure Delay shall be granted or
denied in the Second Party's reasonable discretion. If the Second Party's decision with respect
to such request is disputed by the First Party, the matter may be resolved in accordance with
Section 22.1 hereof. If the First Party fails to notify the Second Party in writing of its request for
Force Majeure pursuant to this Section, there shall be no extension for such Force Majeure
Delays. Nothing in this Section shall excuse Lessee from prompt payment of rent or other Cost
Reimbursements required by Lessee except as may be expressly provided elsewhere in this
Lease.
22.8 Binding Effect. This Lease and its terms, provisions, promises, covenants
and conditions hereof shall be binding upon and shall inure to the benefit of the Parties hereto
and their respective heirs, legal representatives, and any successors and assigns approved in
writing by Lessor.
22.9 Counterparts. This Lease may be executed. in two or more separate
counterparts, each of which when so executed shall be deemed to be an original. Such
counterparts shall, together, constitute and shall be one and the same instrument. The Lease shall
not be effective until execution and delivery by the Parties of at least one full set of counterparts.
22.10 Memorandum of Lease. The Parties shall execute and record a
Memorandum of Lease in a form and content attached hereto as Exhibit B.
IN WITNESS WHEREOF, Lessor has, by action of the City of Tustin City Council,
authorized this Lease to be executed for and on behalf of the City of Tustin, and Lessee has
caused the same to be executed by its duly authorized officer on the date first above written.
"LESSOR"
CITY OF TUSTIN, CALIFORNIA
594733.10 28
Dated: By:
Dr. Allan Bernstein, Mayor
APPROVED AS TO FORM ATTEST:
Woodruff, Spradlin & Smart
o
David Kendig
City Attorney
594733.10 29
Erica Rabe
City Clerk
"TENANT"
BOYS'AND GIRLS' CLUB OF TUSTIN
•
RIO
Name:
Its:
M.
Name:
Its:
594733.10 30
EXHIBIT "A"
LEASE PREMISES
LEGAL DESCRIPTION
Real property in the City of Tustin, County of Orange, State of California, described as follows:
PARCEL 2, AS SHOWN ON EXHIBIT "B" OF THAT CERTAIN "APPLICATION FOR LOT
LINE ADJUSTMENT NO. 83-1" RECORDED AUGUST 22, 1983 AS DOCUMENT NO. 83-
366230 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA.
APN: 401-341-06
WTIVA1911111
CITY OF TUSTIN OFFICIAL
BUSINESS REQUEST
DOCUMENT TO BE
RECORDED AND TO BE
EXEMPT FROM RECORDING
FEES PER GOVERNMENT
CODE 6103 .AND 27383.
Recording requested by and
when recorded mail to:
City Clerk
The City of Tustin
300 Centennial Way
Tustin, CA 92780
1*114901
MEMORANDUM OF LEASE
This MEMORANDUM OF LEASE ("Memorandum of Lease") is made as of
2017 ("Lease Effective Date") by and between the CITY OF TUSTIN, a
municipal corporation of the State of California (the "City" or "Lessor"), and the BOYS' AND
GIRLS' CLUB OF TUSTIN, a non-profit, charitable California corporation ("Tenant") to
confirm that the City and Tenant have entered into that certain Lease dated as of the Lease
Effective Date affecting the real property described below.
Properly Affected by the Lease.
1.1 The "Lease Premises" affected by the Lease is located in the City of Tustin,
County or Orange, California which land is legally described as set forth in Attachment A.
1.2 All terms, covenants, conditions, restrictions and obligations set forth in the Lease
are incorporated herein by this reference as though fully set forth.
2. Public Documents. The documents constituting the Lease are public documents and
may be reviewed at the official offices of the City.
3. Interpretation; Notice. This Memorandum of Lease is prepared for recordation and
notice purposes only and in no way modifies the terms, conditions, provisions and covenants of
the Ground Lease. In the event of any inconsistency between terms, conditions, provisions and
covenants of this Memorandum of Lease, the terms, conditions, provisions and covenants of the
Lease shall prevail.
IN WITNESS WHEREOF, the City and the Tenant have signed this Memorandum of
Lease as of the Lease Effective Date.
90307:6391301.3 -2-
594733.10
"LESSOR"
CITY OF TUSTIN, CALIFORNIA
By:
Dr. Allan Bernstein, Mayor
ATTEST: Dated:
Erica Rabe
City Clerk
APPROVED AS TO FORM
Woodruff, Spradlin & Smart
David Kendig
City Attorney
"TENANT"
BOYS' AND GIRLS' CLUB OF TUSTIN
Name:
Its:
Name:
Its:
90307:6391301.3 -3-
594733.10
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
On 20 before me,
(here insert name and title of officer), personally
appeared who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that
by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
SEAL)
NOTARY PUBLIC SIGNATURE
594733.10
MEMORANDUM OF LEASE - ATTACHMENT A
Legal Description of Lease Premises
Real property in the City of Tustin, County of Orange, State of California, described as follows:
PARCEL 2, AS SHOWN ON EXHIBIT "B" OF THAT CERTAIN "APPLICATION FOR LOT
LINE ADJUSTMENT NO. 83-1" RECORDED AUGUST 22, 1983 AS DOCUMENT NO. 83-
366230 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA.
APN: 401-341-06
594733.10
KIDS
currently registered for 2017�����+
688 kids registered in 2016
817 kids registered in 2015
2017 AVERAGE DAILY
ATTENDANCE
Summer 2017 - 202 kids
School year 2016- 205 kids
IN TRANSPORTATION
PROGRAM
School year 2016: 16o kids,
School year 2015: 15o kids
wwo'NEWOMi
NUMBER OF TUSD SCHOOLS
WITH PICKUPS/DROPOFFS
The Tustin BGC transports
kids to and from school
every day