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1982-0630_ORANGE, COUNTY OF_1st Amd to Lease SAN JUAN CAPISTRANO PUBLIC LIBRARY LEGAL DESCRIPTION That portion of Lot 8 of Tract No. 103 in the City 'of San Juan Capistrano, County of Orange , State of California, per ;nap recorded in Book 11 , Pages 29 through 33 inclusive of Miscellaneous Maps in the office of the County Recorder of said County, described as follows: Beginning at the northeasterly terminus of that certain course in the southerly line of said Lot 8 shown, on said snap as having a bearing of S70027 ' 00"W and a length of 372. 60 feet; thence N22029 'W 58 . 04 feet along a line which is parallel with that- certain course sited as having a bearing of N22029100"W and a length of 1041. 30 feet inthe deed to Capistrano inion High School District of Orange County, recorded August 1 , 1921, �n Book 403 , Page 32 of Deeds in the office of said County Recorder; thence S67031 ' 00"W for a distance of 23 . 00 feet to the TRUE POINT OF BEGINNING: Thence 567031 ' 00"W for a distance of 112 . 54 feet; thence N22029100"W for a distance of 29 . 44 feet; thence S67031 ' 00"W for a distance of 21. 17 feet; thence N22029 ' 00"W for a distance of 21 . 21 feet; thence N67031100"E for a distance of 21 . 17 feet; thence N22029 ' 00"W for a distance of 0. 98 feet; thence N67031 ' 00"E for a distance of 61 . 54 feet; thence N22029 ' 00"W for a distance of 118 ..95 feet; thence N67031 ' 00"B for a distance of 51 . 00 feet; thence S22029 ' 00"E for a distance of 42 . 63 feet; thence N67031 ' 00"E for a distance of 7 . 92 feet; thence S22029 ' 00 "W for a distance of 7 . 83 feet; thence 567031 ' 00"W fora distance of 7 . 92 feet; thence 522029100"E for a distance of 20 . 1.7 feet; thence N67031100"E for a distance 7 . 92 feet; thence S22029 ' 00"E for a distance of 7 . 83 feet; thence 867031 ' 00"W for a distance of 7. 92 feet; thence S22029100"E for a distance of 20 . 17 feet; thence N67031 ' 00"E for a distance of 7 . 92 feet; thence S22029 ' 00"E for a distance of 7 . 83 feet; thence S67031 ' 00"W for a distance of 7. 92 feet; thence S22029100" E for a distance of 20 . 00 feet; thence N67031 ' 00"E for a distance of 7 . 92 feet; thence 322029100"E for a distance of 8. 00 feet; thence 567031 ' 00"W for a distance of 7 . 92 ,feet; thence S22029100"E for a distance of 35 . 96 feet to the TRUE POINT OF BEGINNING. Prepared by: 74 Georgc�M. f_0 s,� r RC E23405 N 22°29' 4`J 1044.30` FL REAL 58. 04` - POINT OF ROADWAY EASEMENT �' t A SEvINNItNG r-S 2° 2 9 0 0 E 7.8 3 z z s - ----- I IN 7°3f'0CW 7.92` 1 ?RUE POINT OF BEGINNING 67°31`00E 2 SEE ETAS 22-Pgoa'E E 2017 20.0C' U 35.96` 22029'o6"E 20.17 N 67° 3100"E 7.92 ( �� `4 2.63' S 22°29'00"E 8.17` 3o, DETAIL S 67°.31'00" w 7.92 TYPICAL T° ROADWAY o EASEMENT roLa o O �3 g cn PORTION OF LOT 8 TRACT 103 AND LIBRARY SITE fl M C9 N u2_°79G0 �< 2`3:44 N 22°29'00"W 0,98` S 670 31 00"W N670 31'00"E 21.17_' 2i.17 N 2 20 2900" W 21.31` CITY OF SAN JUAN CAPIST Ri,,, I)-O DEPARTMENT OF PUBLIC WORKS ENGi'+EER'':G D;VISZN CH MPANY SCOL f ' l`� fU z SANT)ANOCAPISOTRANO PUBLICLEGALDLIBRARYCN F-REPARF0 BY LIJ CITY OF SAN JUAN CAPISTRANO ENGINEERING DIVISION R C 4 W �RAN(N 5ES:GNED SHEET �:• ( THIS INSTRUMENT IS K CORPECT COPY OF .HE ORIGINAL ON ILE IN THIS OFFICE. I� ATTEST: ,.... LJN ...... ............... 1922 ' R Y.ANDER Clerk of the Board 01 5uD ervisors County of Orange. 2 _ I 74. 3 �. } _ �=Ur`J 3 a 1232 : Aft'R R 5 Ire 1'zzrd O � . Clerk DgFwy 7 GA 614-5. 01 TA ff AILCu"PT $ San Juan Capistrano Library TuUR 9 FIRST AMENDMENT TO LEASE 10 THIS IS A FIRST AMENDMENT TO LEASE, made this , ?l y of 19$2 by and 11 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 12 gender. 13 RECITALS 14 A. CITY is a member of the Orange County Library System. 15 S. By Lease dated June 24, 1980, CITY leased a library construction site to COUNTY 16 and agreed to design and construct, for COUNTY'S use, a 1.0,000-square-foot public library upon said site. In return, COUNTY agreed to stock, staff, operate, and mainta- 17 the library building. C. In addition to the facilities which City agreed to construct pursuant to the terms 181 of the aforesaid Lease, CITY now desires to construct additional library facilities including a civic auditorium, garden reading rooms, and courtyard and garden areas. 19 These additional facilities will be available for use by library staff and patrons, 20 free of charge. 21 ! 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 22 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 fa i 1it7 11 and further proposes to accept all financial and operational responsibilities for the 24N additional facilities once constructed, F. In order to accomplish these objectives CITY and COUN 25 � TY desire to amend the afore- said Lease to delete from the library site those areas required by CITY for constructio 25 ,1 of the additional facilities and to redefine the financial and operational responsi- bilines of each party with respect to the completed Library facility. 27 1I NOW, THEREFORE, in consideration of these premises, the parties hereto agree that � g t t.�e 28 f aforesaid Lease is hereby amended as follows: GS :Ip € IO6-9-1 I 1. Exhibits A and 8 shall be amended in their entirety to read as set forth in Exhibits A and B, respectively, attached hereto and by this reference incorporated 2 herein. 3 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 referrer 4 to as "Facility". The area shown crosshatched on Exhibit D shall hereinafter be 5 referred to as "Library". 3. Clause 8 (REPAIR, MAINTENANCE, AND JANITORIAL SERVICES) of the Lease shall be 6 amended to read as follows: 7 "COUNTY shall provide;' at its own cost and expense, all repair, maintenance, 8 and janitorial services to the Library, as shown crosshatched on Exhibit D, except for exterior painting. 9 CITY shall repaint the exterior of the entire Facility at regular five-year 10 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 60 days after CITY has delivered a 11 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 1.2 the percentage amount owed by. COUNTY. COUNTY shall have the right to audit 13 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. 14 The heating and air conditioning systems for the Library shall be separaie from 15 those systems providing heating and air conditioning to the remainder of the Facility.. The COUNTY shall then be responsible for all repair and :maintenance 16 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 17 air conditioning systems which service the remainder of the Facility. 18 CITY shall be responsible for the repair, maintenance, and janitorial services to all areas of the Facility, excluding the Library. ` 19 4. Clause 10 (UTILITIES) of the Lease shall be amended to read as follows: 20 "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. 21 COUNTY shall then pay all charges for utilities supplied to the Library. CITY 22 shall pay all charges for utilities supplied to the remainder of the Facility and the landscaped and parking areas. " 23 5. Paragraph A .of Clause 15 (INSURANCE) of the Lease shall be amended to read as 24 follows : 25 A. Fire and Extended Coverage. CITY shall keep insured the entire Facility, including t e Library, against loss or damages by fire and risks customarily 26 I covered by extended coverage endorsement , and vandalism and malicious mischief, in amounts not less than 90% of the actual replacement cost of the Facility, 27 exclusive of the cost of excavations, foundations , and footings. COUNTY shall reimburse CITY for 70% of the reasonable cost of said insurance, said payment 28 to be made by COUNTY to CITY within 60 days after CITY has delivered a written GS:Ip J� 106-9-2 -2- 6-17-82 I request for payment to COUNTY'S CSA/Real Estate Division. CITY'S request for payment shall itemize the total cost of insurance and shall compute the per- 2 I 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 3 agrees to furnish any supporting data requested by COUNTY." 4I 6. The following paragraph shall be added to and included as part of the Lease as Clause 19. 5 USE OF .PUBLIC AREAS 6 "Throughout the term of this Lease COUNTY shall have the non-exclusive right 7 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 S lots, civic auditorium, garden reading rooms, courtyard and garden areas, and 9 all roads , walkways and parkways. CITY guarantees, at all times, the availability of no less than 50 free parking 10 spaces within the adjacent public parking lots for use by library patrons. 11 CITY agrees to designate 20 free parking spaces for the exclusive use of iibran personnel and service and delivery vehicles. The location of these parking 12I spaces shall be mutually agreed upon, in writing, by CITY`S Manager and COUNTY": Manager of GSA/Library Services Division. . 13 ;I I COUNTY'S use of the civic auditorium must be scheduled in advance through the 14F office of the CITY'S Manager." 15 7. All other provisions of the Lease shall remain in full force and effect. I 1611 17 `! E 3 19 kk! E� 20 21 22E 23 24 25 26 27 �! 1 28 ' GS:1 p IO6-9-3 -3- 6-18-82 P i 1 IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written. CITY OF S JUAN CAPIS ANO 3j 4 By WRENCE F. UCHHEIli .MAYOR 5 ATTEST By MARY ARY AN" NOV R, CITY CLFRK 7 APPROVED AS TO FORM: APPROVED AS TO FORM. S County Counsel 9 ' 10 6J�R S OKAZAKI F TY ATTORNEY 11 APPROVED AS TO AUDIT AND ACCOUNTING: Auditor-Controller 12 13 By a r Birds - 14 RECOMMENDED FOR APPROVAL: 15 16 GSA/Library Services Divis "on 01 17 By 18 GSA/Real' to Divisi 19 / By- 20 20 Y ea aw y Agen 21 1 22 By M n ge 23 IGN D AND 'CERTIFIED T..HA, A COPY OF 24 HI DOCUMENT HAS BEEN ,DEL ERED TO COUNTY OF ORANGE CHAIRMAN OF THE BOARD. ' 25 11.0 - tf By 20 JANE ALEXANDER Chairman,an, Board of Supervisors Clerk of the Board of Supervisors 27 of Orange County, California 28 { GSrip 106-9-4 e 6--17-82 i FaRNIA, ss. ORANGE June 22, ersonally appeared 4N known to me to be the before rne, the undersigned, �NotBuehheim far the said Sta er p known to me Lawrence -Aa— "94"end Secretary of to be the._._.— Muni of the Corporation herein named, andeogrea e Corporation that executed the witalf Instrument, known to me to be t5 persons w the p pursuant fioby-laws executed the within Instrument, off be to me that such corporation tiodirectors�uted the within Instrument p resolution of its board WITNESS my hand and ofncial seal. ' 4 fey C9CEofn. £x � .F» r Notary Pu#31ic in an for said state. Pres. &Sec.—yl�ttatt,$ Form 226-'Rev.3-64 --•-- 6G?1ENT—Corp . OF CALIFORNIA. ss: ORANGE , I9��. Y OF lune 22 , eared ON Mown to me to be the before me, the undersigned,Aa Haarioverin and for the said State, personally appeared o rr�e Mar , knawrn t _ President, and r�t��- City Clerk t("t AL SEAL to be the known to me to be the persons who 5� �... !,1 PA ARC �� ursuant to its bylaws or a �ua_tc executed the within Instrument, off 6ehaif of the Gorporation Herein named, and ac klaws dge N C;.LSFJRStiA � the Corporation that executed the within Instrumen , . C0u:trt 3, 1uas��, to me that such Gorporation executed the within Instrument p resolution of its board of directo€s. WIdNES.S my hand and official seal. �NNDtary, �jicjjn d } K+©'ryLEo-GylFy7 Cora. Pres. Sac.—Wo:cotts Fa mr F, Rev.364 p . ATE OF CALIFORNIA ) ss . jNTY OF ORANGE ) On this J��e day of W �..._� 19,�, before me, the under- maned a Notar��-ic in an or say. County and State , resif�L� ding therein, 1 Commssioned and sworn, personally appeared �'Ui11 EtJ� yof the Board of Supervisors o Orange County, lis 4-0 rnia, nown to me to e the person acknowledged todme that whose nheeex- bscribed to the within instrument , and sited the same on behalf of said County of Orange, and as such officer ereof .. I have hereunto set ray hand and affixed my official IN WITNESS WHEREOF, gal the day and year in this certificate first above written . . Neta ' Public in and Cr sal County and S e k 7 My Commission Expires ,��./` . r ti SAN -IAN CAPISTRANO PUBLIC LIBRARY LEGAL DESCRIPTION CGA 614-5.01) That portion of Lot 8 of Tract No. - 103 in the City of San Juan Capistrano, County of _Orange , State of California, per map recorded in Book 11 , Pages 29 through 33 inclusive of Miscellaneous Maps in the office of the County Recorder of said County, described as follows : Beginning at the northeasterly terminus of that certain course in the southerly line of said Lot 8 shown on said map as having a bearing of 570027100"W and a length of 372. 60 feet; thence N22029 'W 58 . 04 feet along a line which is parallel with that certain course sated as having a bearing of N22029100"W and a length of 1041. 30 feet in the deed to Capistrano Union High School Distract of Orange County , recorded August 1, 1921., in Book 403 , Page 32 of Deeds in the office of said County Recorder; thence S67031 ' 00"W for a distance of 23 . 00 feet to the TRUE POINT OF BEGINNING : Thence S67031 ' 00"W for a distance of 112. 54 feet; thence N22029 ' 00"W for a distance of 29 .44 feet; thence S67031 ' 00"W for a distance of 21. 17 feet ; thence N22029 ' 00"W for a distance of 21 . £2 feet; thence N67031100"E for a distance of 21. 17 feet; thence N22029 ' 00"W for a distance of 0. 98 feet; thence N67031 ' 00"E for a distance of 61 . 54 feet; thence N22029 ' 00"W for a distance of 118.•95 feet; thence N67o3l ' 00"E for a distance of 51. 00 feet; thence 522029100"E for a distance of 42 . 63 feet; thence N67031 ' 00"E for a distance of 7 . 92 feet; thence 522029 ' 00 "S for a distance of 7 . 83 feet; thence 567031 ' 00"W fora distance of 7 . 92 feet; thence S22029 ' 00"E for a distance of 20 . 17 feet; thence N67031100"E for a distance 7 . 92 feet; thence 522029100"E for a distance of 7 . 83 feet; t:lence S67031 ' 00"W for A distance of 7. 92 feet; thence 522029100 "E for a distance of 20 . 17 feet; thence N67031 ' 00"E for a distance of 7 . 92 feet; thence S22029100"E for a distance of 7 . 83 feet; thence S67031 ' 00"W for a distance of 7. 92 feet; thence S22029100"E for a distance of 20 . 00 feet; thence N67031 ' 00"E for a distance of 7. 92 feet; thence S22029 ' 00"E for a distance of 8J7 feet; thence 567031 ' 00 "W for a distance of 7 . 92 feet; thence S22029 ' 00"E for a distance of 35. 96 feet- to the TRUE POINT OF BEGINNING. Prepared by: ' Gcorgq) M. Lotincr. RCE23405 EXHIBIT A N 220 29 W 1041.30 �� t ROADWAY EASEMENT � 58. 04 WONT OF S220 29 00 E 7 83 N 22029 W •— ---W� � � aac, ,r�G S67031'00"W 7.92' ----- �� N J____= 7RUE POINT OP 'BEGIN NTNG —» -- -- -N67031;00"E 7.92 _ ... . s 20.0 52?_ 29'Ob'E a 20.17 35.86' a ! s 22029 OO 20 17 N 67° 31'00' E 7.92 I "'-42.63 0 � ,E S 22 29 00 E 8.17 30` IE.TAIL [ wsn S 670.31`00 W 7.92* ..... ` . TYPICAL `� b ROA�JNAY _ c 0 o EASEMENT 0 Ln o 29`00" x i co PORTION OF LOT 8 TRACT 103 AND LIBRARY SITE o atn + 0 n _ N n?02900'V Ll 29,114 l N22029'00' 1`!0.98' S 67031'00' W N670 31'00'E 2IJ7' 21.17' N 2 2 0 2.9'00' W 41•!3' N 220 29" W CITY OF SAN JUAN CAPISTRAN0 DEPARTMENT OF PUBLIC WORKS EI`I -tR;.`;3 SCgL SKETCH TO ACCOMPANY LEGAL DESCRIPTION SAN JUAN CAPISTRANO PUBLIC LIBRARY 9p ©_ CGA 614--5.0]) W CITY OF SAN JUAN CAPISTRANO L� ENGINEERING DIVISION Acs �4-e I I F F F 1 El cl oLl cl El r - -- --- LLJ CITY Of SAN 1UA4 CARISTRANO, .. PU_VLIC LIBRARY j� Floor PlayuxtL -RA Ixllihui�.,: M lC lfn El GRAYCS At[!L , s.xlainlsCAn .r,•,; . r_d'