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1980-0630_ORANGE, COUNTY OF_1st Amd to Lease1 2 3 4 5 6 7 8 9 10 11 12' 13 14 15 16 17 18 19 21 22 23 24 25 26 27 28 GA 514-5.01 San Juan Capistrano Library FIRST AMENDMENT TO LEASE THIS IS IS A FIRST AMENDMENT TO LEASE, made this 3 p day of' 1982, by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "CITY", and the COUNTY OF ORANGE, hereinafter referred to as "COUNTY", without regard to number and gender. R E C I T A L S IA. CITY is a member of the Orange County Library System. B. By Lease dated June 24, 1980, CITY leased a library construction -site to COUNTY and agreed to design and construct, for COUNTY'S use, a 10,000 -square -foot public library upon said site. In return, COUNTY agreed to stock, staff, operate, and maintain the library building. C. In addition to the facilities which City agreed to construct pursuant to the terms of the aforesaid Lease, CITY now desires to construct additional library facilities including a civic auditorium, garden reading rooms, and courtyard and'.garden areas. These additional facilities will be available for use by library staff and patrons, free of charge. D. COUNTY is agreeable to the inclusion of the above additional facilities as part,of the library provided that these additional facilities do not increase the operational or financial obligations assumed by COUNTY under the terms of the aforesaid Lease. E. CITY therefore proposes to pay for the cost of constructing the additional facilities a.nd further proposes to accept all financial and operational responsibilities for the additional facilities once constructed. F. In order to accomplish these objectives, CITY and COUNTY desire to amend the afore- said Lease to delete from'the library site those areas required by CITY for construction of the additional facilities and to redefine the financial and operational responsi- bilities of each party with respect to the completed Library facility. NOW, THEREFORE, in consideration of these premises, the parties he.reta agree that the aforesaid Lease is hereby amended as follows: GS :+p- 106-9-1 6-17-8i Pa 3 M 5 6 7 8 9 10 11 12 13 14 15 16 17 18 21 22 23 24 ESI: 27 1. Exhibits A and Q shall be amended in their entirety to read as set forth in. Exhibits A and g, respectively, attached hereto and by this reference incorporated herein. 2. The attached floor plan shall be added to and included as part of the Lease as "Exhibit D". The entire structure'shown on Exhibit D shall hereinafter be referred to as "Facility". The area shown crosshatched on Exhibit D shall hereinafter be referred to as "Library". 3. Clause 8 (REPAIR, MAINTENANCE, AND JANITORIAL SERVICES) of the Lease shall be amended to read as follows: "COUNTY shall provide, at its own cost and expense, all repair, maintenance, and.janitorial services to the Library, as shown crosshatched on Exhibit.D, except for exterior painting. CITY shall repaint the exterior of the entire Facility at regular five-year intervals, the first such interval to commence on the date -that the Library is accepted for occupancy by COUNTY. COUNTY shall reimburse CITY for 70% of the reasonable cost of exterior painting within 50 days after CITY has delivered a written request for payment to COUNTY'S GSA/Real Estate Division. CITY'S request for payment shall itemize the total cost for services and shall compute the percentage amount owed by COUNTY.' COUNTY shall have the right to audit any request for payment and supporting data used by CITY in preparation of said request. CITY agrees to furnish any supporting data requested by COUNTY. The heating and air conditioning systems for the Library shall be separate from those systems providing heating and air conditioning to the remainder of the Facility. The COUNTY shall then be responsible for all repair and maintenance to the heating and air conditioning systems which service the Library. The CITY shall be responsible for all repair and maintenance for the heating and air conditioning systems which service the remainder of the Facility. CITY shall be responsible for the repair, maintenance, and janitorial services to all areas of the Facility, excluding the Library.." 4. Clause 10 (UTILITIES) of the Lease shall be amended to read as follows: "Utilities for the Library shall be metered separately from the utilities sup- plied to the remainder of the Facility and the landscaped and parking areas. COUNTY shall then pay all charges for utilities supplied to the Library. CITY shall pay all charges for utilities supplied to the remainder of the Facility and the landscaped and parking areas." 5. Paragraph A of Clause 15 (INSURANCE) of the Lease shall be amended to read as follows: A. Fire and Extended Coverage. CITY shall keep insured the entire Facility, including the Library, against loss or damages by fire and risks customarily covered by extended coverage endorsement, and vandalism and malicious mischief, in amounts not less than 901P of the actual replacement cost of the Facility, exclusive of the cost of excavations, foundations, and footirws. COUNTY shall reimburse CITY for 700 of the reasonable cost of said insurance; said payment GS:Ip to be made by COUNTY to CITY within 60 day -s ---after CITY has delivered arritten 105-9-2 -2- h-17-R9 1 2 3 4 5 6 7 8 9I 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 request for payment to COUNTY'S GSA/Real Estate division. CITY'S request for payment shall itemize the total cost of insurance and shall compute the per- centage owed by COUNTY. COUNTY shall have the right to audit any request for payment and supporting data used by CITY in preparation of said request. CITY agrees to furnish any supporting data requested by COUNTY." 6. The following paragraph shall be added to and included as part of the Lease as Clause 19. USE OF PUBLIC AREAS "Throughout the term of this Lease COUNTY shall have the non-exclusive right to use, at all times, free of charge, all public areas surrounding the Demised Premises, including but not limited to use of the adjacent public parking lots, civic auditorium, garden reading room%, courtyard and garden areas, and all roads, walkways and parkways. CITY guarantees, at all times, the availability of no less than 50 free parking spaces within the adjacent public parking,lots for use by library patrons. CITY.agrees to designate 10 free parking spaces for the exclusive use of library personnel and service and delivery vehicles. The location of these parking spaces shall be mutually agreed upon, in writing, by CITY'S Manager and COUNTY'S Manager of CSA/Library Services Division. COUNTY'S use of the civic auditorium must be scheduled in -advance through the office of the CITY'S Manager." 7. All otter provisions of the Lease shall remain in full force and effect. GS.p 106-4-3 -3- 6-18-82 1 2 3 4 5 6 7 8 9 IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written. APPROVED AS TO FORM: County Counsel By LAURENCE K WATSON TE OF CALIFORNIA ) CITY OF S ! JUAN CAPI TRANO By jLMENCE 'CH IM MAYOR B MARY ANN ANOVER, CITY CLERK G-iL-& Y APPROVED AS TO FORM: n -rJ-A C nrzA 7. n V CTAYV ATTORNEY ) ss. NTY OF ORANGE ) On this 30 day of ,"19, before me, the under- ned, a Notary Public in apid for sa County and State, residing therein, y commissioned and sworn, personally appeared Zj AIE ,�} L �1 C L of the Board of Supervisors o rangeCounty, ori ,� tome to Tie the person described in and whose name is scribed to the within instrument, And acknowledged to me that he ex - ted the same on behalf of said County of Orange, and as such officer teof. . IN 14ITNESS WHEREOF, I have hereunto set my hand and affixed my official L the day and year in this certificate first above written. ZI nozarp rublic in and Cl County and S to My Commission Expires, 21 Clerk of the Boara or ')upery i sura of Orange County, California 28 GS :1 n i 106-9.4 r_.yv_R9 �pr said ti SAN JT. N CAPISTRANO PUBLIC LIF. ^Y LEGAL DESCRIPTION CGA 614-5.01) 'hat portion of Lot 8 of Tract No. 103 in the City of San Juan Capistrano, 'ounty of Orange, State of California, per map recorded in Book Il, 'ages 29 through 33 inclusive of Miscellaneous Maps in the office of the, .ounty Recorder of said County, described as follows: Beginning at the northeasterly terminus of that certain course in :he southerly line of said Lot 8 shown on said map as having a bearing )f S70027'00"W and a length of 372.60 feet; thence N22029'11 58.04 feet Tong a line which is parallel with that -certain course sited as having bearing of N22029'00"W and a length of 1041.30 feet in the deed to .a-pistrano Union High School District of Orange County, recorded August 1, .921, in Book 403, Page 32 of Deeds in the office of said County Recorder; :hence S67031'00"W for a distance of 23.00 feet to the TRUE POINT OF 'EGINNING: Thence S67031'00"W for a distance of 112.54 feet; thence 122029'00"W for a distance of 29.44 feet; thence 567031'00"W for a distance �f 21.17 feet; thence N22029100"W for a distance of 21.12 feet; thence 167031100"E for a distance of 21.17 feet; thence N22029'00"W for a distance w£ 0.98 feet; thence N6703110,0"E for a distance of 61.54 feet;. thence 122029100"W for a distance of 118.-95 feet;. thence N67o31'00"E for.a listance of 51.00 feet; thence S22029100"E for a distance of 42.63 feet; :hence N67031'00"E for a distance of 7.92 feet; thence 522029100"Q for a listance of 7.83 feet; thence S67031'00"W for.a distance of 7.92 feet; :hence S22029'00"E for a distance.of 20.17 feet; thence N67031'00"E for a listance 7.92 feet; thence S22029'00"E for a distance of 7.83 feet; thence 67031.'00"W for a distance of 7.92 feet; thence S22029100"E fora distance ►f 20.17 feet; thence N67031100"E for a distance of 7.92 feet; thence '22029100"E for a distance of 7.83 feet; thence S67031100"W for a distance ►f 7.92 feet; thence S22029100"E for a. distance of 20'.00 feet; thence 167031100"E for a distance of 7.92 feet; thence S22029100"E for a distance ►f feet; thence 567031100"W for a distance of 7.92 feet; thence '22029100"E for distance of 35.96 feet - to the TRUE- POINT OF BEGINNING. 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