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84-1105_CAPISTRANO UNIFIED SCHOOL DISTRICT_Transmittal to CUSD '- 6 3240p PAS[Ci qpE A=1+1TO' SAN.I[..EP If GA PFSTF2M*O CALIFQR [A 92675 `OHC-'N 4 493-1171 May 11 , 1984 Bill Dawson, Assistant Superintendent Facilities Capistrano Unified School District 32972 Calle Perfecto San Juan Capistrano, California 92675 Re: Library Ground Lease Dear Mr. Dawson: Enclosed is the original Ground Lease and Amendment which we discussed. As you are aware and in order to record the Lease, it will be necessary to have the signatures of George White and Robert Bachelor notarized. If you will take care of that part, I will see that Mr. Friess ' signature is also notarized, and then the document will be recorded. Thanks for your assistance. Very truly yours,,, MARY ANN HANOVER! CMC City Clerk MAH/mac Enclosure 1 G R O U N D L E A S E 2 3 THIS GROUND LEASE, made and entered into this day of " 4 19 by and between the Capistrano Unified School District, hereinafter 5 called "District" , and the City of San Juan Capistrano, hereinafter 6 called "City" . 7 WITNESSETH: 8 ; District does hereby lease to City, and City does hereby hire and i 9 take from District that certain real property located in the County of 10 Orange, State of California, more particularly described in Exhibit "A" 11 attached hereto and by this reference incorporated herein (the "Premises" 12 herein) . 13 � 1. Term. The term of this Lease shall be for a period of fifty 14 (50) years commencing on the date upon which construction of the public J r z015 library upon the premises is commenced. Should the commencement date ' aU 16 occur on a day other than the first day of a calendar month, the lease � Z g o 17 f term shall continue for a period of fifty (50) years from the first day 18 of the next full calendar month following the commencement date . 19 2 . District ' s Title. District covenants that City' s Leasehold 20 �i estate in the Premises will be such that it will be valid in all respects i i 21 for the uses contemplated by this Lease. 22 3 . Use of Premises . The Premises shall be used for public library ?3 and related purposes. j 24 4 . Rent. As and for rental , City shall contribute a sum not to 25 exceed $135 , 000 . 00 for the construction of six (6) public tennis courts 2 26 by District at Capistrano Valley High School. Such rental obligation N 27 shall become due upon the commencement of construction of library facili- ® 28 ties upon the Premises by the County of Orange. City shall , as additional E RF: se 1- iI 1 �1 as additional rental, maintain and operate the existing tennis courts at 2 the old Capistrano Union High School site in San Juan Capistrano as long 3 as such facilities shall be available, during non-school hours , for use 4 of the general public without charge. 5 5 . Construction of Improvements . It is contemplated by the parties 6 that City shall, through the County of ©range, construct public library 7 facilities upon the Premises. All improvements constructed upon the 8E Premises by or on behalf of City shall be and remain the exclusive pro- 9 perty of City or its successors or assigns, during the term of this 10- Lease. Upon the expiration of this Lease of earlier termination thereof, 11 all such improvements., buildings and structures shall become the property 12 � of District without further compensation to City or to those holding 13 under City, and City or those holding under or through City shall have 143; no rights with respect thereto. Such improvements shall be free, clear W , zo 15 i' and unemcum Bred, and City shall defend and indemnify District against 161 any claims therefrom. This paragraph is not intended to include fixtures z i oa 17 or equipment which belong to City. City shall have the right to demolish u 18 and remove any and all improvements , trees and plants upon the Premises 19 at the commencement of the term of this Lease. City shall bear all ex- 20 penses in connection with the improvement of the Premises and shall save 21 District harmless therefrom. 22 6 , Charges. City agrees to pay or cause to be paid, before delin- 23 quency, any and all public charges levied, assessed or imposed or which 24 may become payable during the term hereof upon the Premises and any im- 25 provements thereon and upon all furnishings , appliances, equipment and 2 261 all other personal property .installed or located on the Premises . N N 27 7 . Assignment and Subletting. City will not assign or sublet the LL ® 28 Premises, other than to the County of orange, without the prior written 2 . I consent of District. Upon any assignment or subletting of this Ground I 2 Lease, City shall not be relieved of any liability or obligation here- 31 eremm-3 ' under. 4 €. 8 . Holding Over. If City shall hold over the Premises after the 5E expiration of the term hereof, with the consent of District, either 6 express or .implied, such holding over shall be construed to be only a 7 tenancy from month to month, subject to all the covenants, conditions 8 and obligations hereof . 9 9 . Successors and Assigns. This Lease_ shall be binding upon and 10 inure to the benefit of the successors and assigns of the parties hereto. 11 10 . Default. City shall be deemed in default under the terms of 12this Lease, if City shall fail to promptly perform or observe any covenant] 13 condition, or agreement to be performed by City under this Lease and such '', 1411 failure shall continue for a period of sixty (60) days after written zz 15 notice from District to City specifying the nature of the default. In 5o 16 the event of a default by City, District may, without taking possession zQ 00 17 of the Premises, require strict performances of all covenants and obli- 18 gations herein as the same shall accrue and have the right of action 19 therefor. 20i In witness whereof this Lease was executed in duplicate as of the d 21 date first-above written. 22 Kenneth F. Friess , 'Mayor 23 City of San Tuan Capistrano 24 George L.. White , President 25 APPROVED AS TO FORM: Capistrano Unified School District Ln Board of Trustees N 26 ADRIAN KUYPER, COUNTY COUNSEL N Q © 27 �- By ® 28 aures R. Flournoy, Dep u y r0- 17-- 6�14_5 . w , t ' 30' / 70' Z:) Q3 U 50, 000 5Q. F'T. Z>l o N Q � V 5 G 0PE 0 EXHIBIT' "All