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1974-0917_ORANGE COUNTY FLOOD CONTROL DISTRICT_Lease4 5 6 8 9 10 12 13 14 18 19' 20 21 22 r: 23 24. 25 26 27 L02-101.6 Trabuco Creek Channel LEASE pcCA_S THIS LEASE is made this j�day of l ,,ilii ��% 19 oy and c)etw.�en ORANGE COUNTY FLOOD CONTR&L DISTRICT I SS52), anJ CITY OF SA_i: 1JA4 CAPISTRANO (TENANT), hereinafter .[espectivery CCIeCCeo o as and "TENANT", without regard to number or Gender. 1. DEMISED PREMISES (2.1 S), LESSOR leases to TENANT that certain cronerty hereinafter referred to as ."Demised Premises", descrined on "Exhioit ." and shown on "Exhibit B", which exhibits are attached hereto and oy reference made a part hereof. 2. USE (N) TENANT'S use of the Demised Premises shall, except as described nelow, be on a rent-free basis for the purpose of preserving open space and providing a free public recreation facility to be enjoyed and used Dy all residents of the County of Orange. TENANT'S use of the Denised Premises for any purpose other than as set out in this clause shall cause this Lease and all TENANT'S rights hereunder to immediately terminate without further action on the part of LESSOR. 3. TERM (N) 1The term of this Lease shall be for ten (-10) years, commencing the first day of the first full calendar montn following the date of exe- cution'by LESSOR. Said Lease term shall be automatically extended {on a year-to-year basis at the expiration date of this Lease unless either party hefeto notifies the other, in writing, at least sixty. (60) days prior to the Lease expiration date, of its desire not to extend the lease term. 4. DEVELOPMENT (N) TENANT shall, within two years after the commencement date of tnis Lease,:improve and develop the Demised Premises as a landscaped open space or a free public recreational facility as set forth anove in Clause 2 (USE). All plans for improvement and development shall :irst be approved by LESSOR'S Chief Engineer so as to insure that such plans 57A-1-1 f 9 044 .19 0 30 u %.32 F /� Q A —n? comply with the intent of this Lease, and that such improvement and development do not impair floodworks adjacent to the Demised Premises. All.improvements affixod to the Demised Premises by TEXANT shall become the property of LESSOR. In the event this Lease is terminated, TENANT agrees to remove, at LESSOR'S option, any and all such improvements, notwithstanding their becoming affixed to and part of the realty. 5. RESERVATIONS TO LESSOR (N) The Demised Premises are accepted by TENANT subject to any and all .existing easements and encumbrances. LESSOR reserves the right to install, lay, construct, maintain, and repair utilities and appurtenances necessary or convenient in connection therewith, in, over, upon, through, across, and along the Demised Premises or any part thereof. LESSOR also reserves the right to enter the Demised Premises for any and all such purposes. LESSOR also reserves the right to grant franchises, easements, rights of way, and permits in, over, upon, thrrugh, across, and along any And,all portions of the Demised Premises. LESSOR further reserves the right to enter upon and use any portion of the Demised Premises for any necessary purpose in conjunction with the operation and maintenance of the adjacent flood control channel. LESSOR agrees that rights granted to third parties by reason of this clause shall contain provisions that the surface of the land shall be restored as nearly as practicable to its original condition upon the completion of any.construction. 6. MAINTENANCE.(N). ,TENANT. agrees to, maintain the Demised Premises and all improvements .constructed thereon in good order and repair, and to keep said premises Jn.a neat,; clean, orderly, safe, and sanitary condition. This includes, -but`is.not:limited to, the prevention of accumulation of any refuse or ,,waste -materials which might constitute a fire hazard or a public.or private' nuisance. Failure of TENANT to properly maintain and repair the Demised.Premises shall constitute a breach of the terms of this Lease. °7. INSURANCE (23.4 N) ;TENANT shall maintain insurance acceptable to LESSOR in full force and °effect throughout the term of this Lease. The policy or policies of riisuran6e'-shall,name,LESSOR as an additional insured and shall, as a iminimum, provide the;following forms of coverage in the amounts specified: Comprehensive Public Liability: 11,000,000 single limit coverage. "Insurance shall be in force the first day of the term of this Lease. :Each policy of insurance shall contain the following clauses: "'IT IS AGREED.THAT THIS POLICY SHALL NOT HE CANCELLED NOR THE COVERAGE REDUCED UNTIL 30 DAYS AFTER DEPARTMENT OF REAL PROPERTY SERVICES, COUNTY OF ORANGE, SHALL HAVE L RECEIVED WRITTEN. NOTICE OF SUCH CANCELLATION OR REDUCTION. THE NOTICE SHALL BE SENT BY CERTIFIED OR REGISTERED MAIL 2 AND SHALL BE DEEMED EFFECTIVE THE DATE DELIVERED, AS EVIDENCED BY PROPERLY VALIDATED RETURN RECEIPT." 3 "THE INCLUSION HEREIN OF ANY PERSON OR ENTITY AS AN 4 INSURED SHALL NOT AFFECT ANY RIGHT SUCH PERSON OR ENTITY WOULD HAVE AS A CLAIMANT HEREUNDER IF NOT SO INCLUDED." .5 :a+ TENANT agrees to deposit with LESSOR, at or before the times at which 6. required to be.in effect, two copies each of the policy or policies necessary to satisfy the insurance provisions of this Lease and to keep 7 such s.nsurance in effect and the policy or policies therefor on deposit with LESSOR during the entire term of this Lease. B LESSOR shall retain the right at any time'to review the coverage, 9 form, and amount of the insurance required hereby. If, in the opinion of LESSOR, the insurance provisions in this Lease do not provide 10, adequate protection for LESSOR and for members of the public using the Demised. Promises, LESSOR may require TENANT to obtain insurance 11 sufficient in coverage, form, and amount to provide adequate protection. LESSOR'S requirements shall be reasonable, but shall be designed to 12.` assure protection from and against the kind and extent of the risks which exist at the time a change in insurance is required, 1.3 LESSOR shall notify TENANT in writing of changes in the insurance 14requirements and, if TENANT does,not deposit copies of acceptable insurance policies with LESSOR incorporating such changes within,60 days 15 of receipt of such notice, this Lease shall be 1n default without further notice to TENANT, and LESSOR shall be entitled to all legal 16.1 remedies. 17 The procuring of such required policy or policies of insurance shall not be construed to limit TENANT'S liability hereunder nor to fulfill IS the indemnification provisions and requirements of this Lease. Notwith- standing said policy or policies of insurance, TENANT shall be obligated 1.9 for the full and total amount of any damage, injury, or loss caused by negligence or neglect connected with this Lease or with use or occupancy 20 of the Demised Premises. .21 . B.. INDEMNIFICATION (N) �. 22 TENANT agrees to accept the Demised Premises in an "as is" condition and 23 shall indemnify and save harmless LESSOR, its officers, agents, and employees, from and against any and all claims, demands, loss, or 24 liability.of any kind or nature which LESSOR, its officers, agents, and ,employees may sustain or _incur or which may be imposed upon them or any 25. of:them for injury to or death of persons, or damage to property as a result of, arising out of, or in any manner connected with this Lease or 26 .with occupancy, and use of the Demised Premises by TENANT, its officers, agents, employees, patrons, or visitors. 27.. 28 9.•,`; DEFAULT IN TERMS OF LEASE BY TENANT (N) 2- Should TENANT default in the performance of any covenant, condition, or agreement contained in this Lease except as provided above in Clause 2 ,0 (USE), and such default is not corrected within a reasonable time after TENANT receives written notice of default from LESSOR, LESSOR may termi- 31 nate this Lease. All rights of TENANT and those who claim under TENANT, stemming from this Lease, shall end at the time of such termination. 32 -03 Op - 1 .10. ASSIGNING AND SUBLETTING PROHIBITED (N) 2 :'TENANT shall not assign, sublet, or in any manner transfer its rights, `-;�duties,.and obligations under -'this Lease. Any attempted assignment of I.,transfer, or other violations of the provisions of this Clause shall :be null and void and shall confer no right, title, or interest in cr to 4 `,this Lease, or right to operate the whole or any portion of the Demised ' Premises upon any such assignee, transferee, or any other person or 5, party. 6 7 11. UNLAWFUL USE (4,1 S) 8 'TENANT agrees no improvements shall be erected, placed upon, operated, noir,maintained within the Demised Premises, nor any business conducted 9' or carried on 'therein or therefrom in violation of the terms of this Lessen; or of any resulation, order of law_, statute, bylaw, or ordinance ICY .of A governmental agency having jurisdiction. 12 1 12'. AMENDMENT (45.1 S) i. 13, This Lease sets forth the entire agreement between LESSOR and TENANT and any modification must be in the form of a written amendment. 14 15 I 13• PARTIAL INVALIDITY (46.1 S) 4 16 If any, term, covenant,,condition, or provision of this Lease is held 1T' by�a court of competent jurisdiction to be invalid, void, or unenforce- able, ,the remainder of 'the provisions hereof shall remain in full force and: effect and shall in no way be affected, impaired, or invalidated thereby • 119 24. 4 14.NONDISCRIMINATION,(N) ' - 22 TENANT agrees not to discriminate against any person or class of persons byi4ison of se%,.race, color, creed, or national origin. TENANT shall 23_ make. the De4rdsed Premises available to the public on a free and open basis 24 25`: 15: ;LEASE ORGANIZATION (33.1 S) 26.;� Thevarious headings in this Lease, the numbers thereof, and the organiza- -7. tion<:Of"the.Lease into separate sections and paragraphs are for purposes of.;;convenience only and shall not be considered otherwise. 28 �9 tet` 30 1 I r a<T � ; fin\ F`r 1 11 notices t0 this Leave shall be addressed as set forth elox,<or as'elther party may hereafter designate by written notice �d'shal1 be .sent through the United States mail. )2+r'+LE330R'' T0: TENANT =Orange County Flood Control District Dept. City of San Juan Capistrano C/o of Real Property Services 400 32400 Paseo Adelanto Civic Center Drive West Santa, Ana, Callfornis 92701 San Juan Capistrano, California 92675 stt� ri .Department of. Real Property Services ee ✓400.;: Cidii" Center'Drive West Sinta'Ans Cali fornia.92701 ' "r- �V±ME (50 me is of the essence of this Lease, fin\ F`r 1 t .a' stt� yy, ee a q w Mir •M 1 IN WITNESS WHEREOF,' the parties have executed this agreement the day anQ'year first above written. LESSOR d 'ATTEST; ORANGE LINTY FLOOD CONTROL DISTRICT Si 1��: ET JOHN, County Clerk of the%County- of, Orange ,and ex By (v 6;officloyClerk.:'of the. -.Board of Cha &,Rupe'rviaora of Orange County , oar of Supery sora 8'�SDe�luty rV t 71 IEEE 7lPPROVED AS'TO FOHM: 1Gi '';,Adan'wICugper,,,: : _C6 t serl. 13 = HjdOMMENDEV1 FOH -,APPROVAL: 14'' H. O° P- Osborne -. �Chief.'Engineer 1g: YOrange;County.;Floo4 Control District fah C R 16 B r Nelson' 17r '°Stanley,3E. Krause, cDireotor.. nepz,~o ea Pro ert Services a A. 19F: y,f 3 20 TENANT 2 CITY OF SA JUAN CAPISTRANO 23; � zlui LY. n yt p ;fir: x y6# R y L. Byrne Mayor 24 r� 3tSi� 1 A,F �Fy� By 25 m Mary A H no or, City Clerk s a NIV r Y4yR 3:.i ,y 27; ° z 29. .� .. .moi - ✓n�a.. v� r�vu S�RITT$N; R.L.L. CIIECKED: F,i�t3ILiTY NO': LO2`.'' ,�IPAR�CLli''N0: 101.6 Lots 60 and 62 of Tract No. 103, in the city of San Juan Capistrano,.county of Orange, state.of California, per map recorded,in book 11, pages 29 to 33 of Miscellaneous Maps, in the office'of-the county recorder of said county. EXCEPT that portion thereof lying northerly of the southerly '-dine and its westerly prolongation of Lot 59 of said `tract No. 103. ALSO EXCEPT that portion thereof which lies westerly of a line having,a bearing of N ".30 50' 12" E, and passing through a point on ' + .a the'southerly tine of the San Juan Capistrano Townsite, as shown on':a.'map'£iled in book 3, pages 120 to 125 inclusive of Miscellaneous ~A`ii Records of Los Angeles County, California, distant thereon N.'.890 20' 05" W., 672.78 feet from the southeast corner of Lot 9 in 10 Block 3 of said Townsite. 11 .i .ALSO EXCEPT that portion thereof included within the land described in deed to San Juan Capistrano Sanitary District, - u,recorded July 19, 1924 in book 531; pace 251 of Deeds in the office ="lh ..ofilthe County Recorder of said Orange County. )�tSO EXCEPT that portion thereof lying easterly and southeasterly 14 .,.Of the following described liner r Beginningat a point on said southerly -line of the San Juan 1� 'Capistrano Townsite, distant N. 89° 20' 05" W.-, 599.16 feet along `said southerly line from the southeast corner of said Lot 9, said ' 6 point alsocbeing a. point .on a non -tangent curve, concave. southeasterly r1+ 17 .;`and hauing`a radius of 1615.00 feet, a radial line of said curve through.said point bears N. 5,3° 0.2' 56" W.; thence Northeasterly 1$ 421.17 feet -.along said curve through a central angle of 14° 56' 31" to its intersection with the south line of the land described in '19 ? said deed to San Juan Capistrano Sanitary District. 21 i22/01 1:.Lr1, rJ JGi )• I *�r�+`,,t.:o'CirrfCnyiratt _ • b � u�arzte`r% ba:5 26 Y S4�i 27 28 29 - Exo �/-a 4% , I &;- Pp -46c- ;-Mp �z Ik- 4 t 0j, 7 (4 Ell gwv- NA I I N -b II rl I I N -b 1 I� 1 0 It 1t. • is - p US 11 I 0 r 6 ol t � �k1 � % 3.26'' 1 It 2, N Czp a M n: Nr .1 �I 1 I� 1 0 It 1t. .f ry • � O C• ii�,�c p US 11 I 6 � 1 % 3.26'' 1 It 2, N Czp a M p� tk 46 1 Wp 04.- LO d w 1 US 6 tk 46 1 Wp 04.- LO d w rv• n�asz9�' . 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