79-0117_CAPISTRANO UNIFIED SCHOOL DISTRICT_K1a_Agenda Report AGENDA ITEM January 17 , 1979
TO : Honorable Mayor and City Council.
FROM: James S. Mocalis , City Manager
SUBJECT: Proposed Lease for County Library Site - - C .U. S. D.
SITUATION:
The City and the Capistrano Unified School District have come to
terms in negotiating an appropriate site for the branch Library
in the City. The site , consisting of approximately 50 , 000 square
feet at the northwest corner of Acjachema and El Camino Real , is
considered to be the most acceptable and appropriate site to both
City and County (reference Attachment A) .
The City has received correspondence from the County indicating
that the construction of the library is not contemplated to begin.
in 1979 ; however, it would be expedient at this time for Council
to review the proposed lease agreement prior to its submittal to
the C. U. S.D. and the County for their review.
The terms of the lease call for a 50-year lease commencing on the
date when construction of the library on the site actually begins .
In return for the use of the site , the City will contribute to the
C. U. S. D. for the actual cost of construction of the six tennis
courts at Capistrano Valley High School , not to exceed a total cost
to the City of $135 , 000. In addition, the City agrees to maintain
the existing C.U. S. D. tennis courts at the corner of Acjachema and
Camino Capistrano as long as unrestricted use of the courts is made
available to the public during non-school hours . This is just a
preliminary review of the lease by the City Council , and the lease
will be brought back to the Council for final approval at a later
date . The City Attorney has approved the lease as to form.
FINANCIAL CONSIDERATIONS :
The lease calls for an expenditure of an amount not to exceed
$135 , 000 for the construction of the tennis courts at the Capistrano
Valley High School . In addition, it is estimated that the mainte-
nance costs of the existing tennis courts in the City will amount
to approximately $3 , 000 per year.
FUR TY COUNCIL AGENDA
a
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Agenda Item -- Lease For Library - 2- January 17 , 1979
ALTERNATE ACTIONS:
1 . Approve the terns of the Lease , and direct staff to forward
copies to the Capistrano Unified School District and the
County for their review.
2 . Amend the lease .
3. Request further information from staff.
RECOMMENDATION:
By motion, approve the terms of the lease, and direct staff to
forward copies to the Capistrano Unified School District and the
County for their review.
Respectfully submitted,
Tames S . Mocalis
J-SM: ch
Attachment
F I R S T D R A F T
GROUND LEASE
THIS GROUND LEASE, made and entered into this
day of , 19 , by and between the Capistrano Unified
School District, hereinafter called "Landlord" , and the City of
San Juan Capistrano, hereinafter called "Tenant" .
W I T N E S S E T H
Landlord does hereby lease to Tenant, and Tenant does
hereby hire and take from Landlord that certain real property
located in the County of Orange, State of California, more
particularly described in Exhibit "A" attached hereto and by this
reference incorporated herein (the "Premises" herein) .
1. Term. The term of this lease shall be for a period
of fifty (50) years commencing on the date upon which construction
of the public library upon the premises is commenced. Should
the commencement date occur on a day other than the first day of
a calendar month, the lease term shall continue for a period of
fifty (50) years from the first day of the next full calendar
month following the commencement date.
2. Landlord' s Title. Landlord covenants that Tenant' s
leasehold estate in the Premises is subject only to covenants,
conditions, restrictions, easements, rights-of-way and other
matters disclosed on Title Insurance and Trust Company' s Preliminary
Title Report No. dated as of ,
19
3. Use of Premises. The Premises shall be used for
public library and related purposes.
4 . Rent. As and for rental, Tenant shall contribute a
sum not to exceed $135, 000. 00 for the construction of six (6) public
tennis courts by Landlord at Capistrano Valley High School.
Such rental obligation shall become due upon the commencement of
construction of library facilities upon the Premises by the
County of Orange. Tenant shall, as additional rental , maintain
the existing tennis courts at the old Capistrano Union High School
site in San Juan Capistrano as long as such facilities shall be
available, during non-school hours, for use of the general public
without charge.
Page 2
Ground Lease
S. Construction of Improvements. It is contemplated
by the parties that Tenant shall , through the County of Orange,
constuct public library facilities upon the Premises. All
improvements constructed upon the Premises by or on behalf of
Tenant shall be and remain the exclusive property of Tenant or
its successors or assigns, during the term of this lease. Upon
the expiration of this lease or earlier termination thereof, all
such improvements, buildings and structures shall become the
property of Landlord without further compensation to Tenant or to
those holding under Tenant, and Tenant or those holding under or
through Tenant shall have no rights with respect thereto. Such
improvements shall be free, clear and unencumbered, and Tenant
shall defend and indemnify Landlord against any claims therefrom.
This paragraph is not intended to include fixtures or equipment
which belong to Tenant. Tenant shall have the right to demolish
and remove any and all improvements, trees and plants upon the
Premises at the commencement of the term of this lease. Tenant
shall bear all expenses in connection with the improvement of
the Premises and shall save Landlord harmless therefrom.
&. Charges. Tenant agrees to pay or cause to be paid,
before delinquency, any and all public charges levied, assessed
or imposed or which may become payable during the term hereof
upon the Premises and any improvements thereon and upon all
furnishings, appliances, equipment and all other personal property
installed or located on the Premises.
7 . Assignment and Subletting. This lease may be
assigned to any government entity or agency, subject however, to
the following provisions:
(a) The aforesaid right of assignment shall be
specifically conditioned upon the assignor
notifying Landlord of the assignment and
furnishing Landlord with a copy of said
assignment;
(b) Such assignment shall provide that the
assignee takes assignment subject to the
provisions of this lease.
8 . Holding Over. If Tenant shall hold over the Premises
after the expiration of the term hereof, with the consent of
Landlord, either express or implied, such holding over shall be
construed to be only a tenancy from month to month, subject to
all the covenants, conditions and obligations hereof.
Page 3
Ground Lease
9. Successors and Assigns. This lease shall be binding
upon and inure to the benefit of the successors and assigns of
the parties hereto.
In witness whereof this lease was executed in duplicate
as of the date first above written.
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EXHIBIT "A"
RECORDED AT THE REQUEST OF 84-216359. RF-COR ING FEES EXEMPT DUE TO
AND RETURN TO: C �7RNMEINT CODE SECTION 6103
City of San Juan Capistrano °
City Clerk' s Department - ..
32400 Paseo Ade1agto ,
Diary AI' Hanover, City Clerk
San Juan C psticano, CA 92075 City of San Juan Capistrano, CA
AMENDMENT TO GROUND LEASE
GROUND LEASE, made and entered into on the 5th clay of November, 1979,
'yIan&` etween the Capistrano Unified School District, hereinafter called
",D �triet� r' and the City of San Juan Capistrano, hereinafter called "City,"
is hereby amended to read as follows:
"Section 4. Rent. As and for rental, City shall contribute a
sum not to exceed $1350000 for the construction of pudic tennis
courts by District at Capistrano Valley High School. Such _funds
shall. be made; available to the District on a reimbursement basis
upon and during construction of the tennis courts at Capistrano
Valley High School, at such�ti.me said construction shall cEimmence.
City s ill, a.s additional rental, maintain and operate the existing
tennis courts at the old Capistrano Union High School site in
San Juan Capistrano as long as such facilities shall be available,
during non-school hours, for use of the general public without
charge."
IN WITNESS WHEREOF, this Amendment to the Ground Lease was approved by
City on November 28, 1979, and by District on the 7th day of April, 1980.
117 1-1
KENNETH. FRTESS, MAYOR
CITY..-OF SAN JUAN CAPISTI. NO
R"ERT hr. BACHELOR, SR. , PRESIDENT
xAPISTRANO UNITTED SCHOOL DISTRICT
BOARD OF 'TRUS'T'EES
EXHIBIT B
(Page 2 of 2) 197
GENERAL ACKNOWLEDGMENT84-216359 No.201
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State of ,��. °( � �z�� _. ` On this#he.)_Zq�ay of � Cie.-� _. _....19m`V-, before me, ,
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County r sem!
of
the undersigned Notary Public, personally appeared
personally known to me
���"�! � � C proved to me on the basis of satisfactory evidence
8 r to be the person(s)whose names) --s to the
A within instrument,and acknowledged that Aexecuted it.
ORANGE COU,
WIT 5 y hand and official seal.
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7110122 NATinn€ai A€nTan,
CORPORATE ACKNOWLEDGMENT NO.202
State of _C-a-li Eornia _ On this the 22ndday of May 19 84 ,before me,
SS.
County of Orange —YY Mary A. Carlson
the undersigned Notary Public, personally appeared
71rt'.51,il: I sennet h E. Fries'� Mi�Y?t♦,'�I!!*?Y I-, C�f�nuSf�NY�A���Akyy��
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A i zs ❑ proved to me on the basis of satisfactory evidence
to be the person(s)who executed the within instrument as
Mayor or on behalf of th municl-pa
muni as rporatldn herein
s OF lC T "T;, ";E t, named,and acknowledged to me that the/corporation executed it.
f AAPY A �.A!'1,`)C � WITNESS my hand and official seal.
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NOTARY PV;I#" _. 4 AUd"OANJA
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7120 122 NATIONAL NOTARY ASSOcfATION•23012 Ventura Blvd.•P.O.Box 4825 o Woodland Hills,GA 91384
RECORDED IN OFFICIAL R CFRO
OF ORANSE COUNTY CALIFORNIA
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