00-0919_MISSION TRAILS STABLES_Lease AgreementLEASE AGREEMENT
MISSION TRAILS STABLES
EQUESTRIAN FACILITY
THIS LEASE AGREEMENT (the "Lease") is made as of the 19th day of
September, 2000, by and between the City of San Juan Capistrano, (hereinafter called
"LESSOR"), and Mission Trails Stables, (hereinafter called "LESSEE").
WITNESSETH:
WHEREAS, LESSOR owns certain real property it desires to lease to
LESSEE for equestrian purposes; and,
Park.
WHEREAS, this property is within and a part of LESSOR's C. Russell Cook
NOW, THEREFORE, LESSOR AND LESSEE mutually agree as follows:
SECTION 1. LEASE OF REAL PROPERTY LESSEE
LESSOR hereby leases to LESSEE that certain real property more
particularly described as Lot A of Tract 8485, as recorded in Book 426, Pages 41 to 43 of
the Miscellaneous Maps of the County Recorder, County of Orange, State of California.
This real property shall be used for and improved upon only for equestrian
purposes as set forth in the C. Russell Cook Park Stable Improvement Plan, dated October
26, 1983, on file in the Engineering Division of LESSOR.
SECTION 2. MONTHLY LEASE PAYMENTS
LESSEE shall pay to LESSOR a monthly lease payment of twenty five
hundred dollars ($2,500). This payment is due and payable on the tenth (10th) day of
each month. Monthly lease payments are deemed to be late if not received within ten (10)
calendar days thereafter.
SECTION 3. MAINTENANCE AND OPERATIONS
(a) LESSEE shall prepare and file with the City of San Juan Capistrano
Emergency Services Coordinator an Emergency Evacuation Plan for the protection and
safety of persons and animals on the stable premises in the event of a multi -hazard
emergency (to include, but not limited to, flood, fire, and hazardous material incidents).
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(b) LESSEE shall conduct it operations in such a manner as to not disturb
surrounding residents and/or activities. Accordingly, all group activities on said land shall
begin no laterthan 7:30 a.m. and terminate no laterthan 10:00 p.m.; and all activities using
loudspeaker systems or generating unusual amounts of noise shall terminate no laterthan
sundown.
(c) LESSEE agrees to maintain the land and all improvements
constructed thereon in good order and repair, and to keep said premises in neat, clean,
orderly, safe, and sanitary condition, according to the City of San Juan Capistrano
established stable ordinance standards. 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.
(d) LESSEE shall not allow the storage of vehicles and equipment on the
premises which are not directly related to the use of the stables.
(e) LESSEE shall promulgate and enforce such rules and regulations as
may be required to insure proper control of animals and the protection of the health, safety,
and welfare of its patrons, animals, and the general public.
SECTION 4. INSURANCE
LESSEE shall maintain insurance acceptable to LESSOR in full force and
effect throughout the terms of this lease. The policy or policies of insurance shall name
LESSOR as an additional insured and shall, as a minimum, provide the following forms of
coverage in the amounts specified:
Commercial General Liability: One million dollars ($1,000,000.00) of single limit
coverage. Insurance shall be in force the day of the term of this lease. Each policy
of insurance shall contain the following clause:
"IT IS AGREED THAT THIS POLICY SHALL NOT BE CANCELLED
NOR THE COVERAGE REDUCED, UNTIL THIRTY (30) DAYS
AFTER THE CITY OF SAN JUAN CAPISTRANO SHALL HAVE
RECEIVED WRITTEN NOTICE OF SUCH CANCELLATION OR
REDUCTION. THE NOTICE SHALL BE SENT CERTIFIED OR
REGISTERED MAIL AND SHALL BE DEEMED EFFECTIVE THE
DATE DELIVERED, AS EVIDENCED BY PROPERLY VALIDATED
RETURN RECEIPT."
"THE INCLUSION HEREIN OF ANY PERSON OR ENTITY AS AN
INSURED SHALL NOT AFFECT ANY RIGHT SUCH PERSON OR
ENTITY WOULD HAVE AS A CLAIMANT HEREUNDER IF NOT SO
INCLUDED."
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LESSEE shall provide an endorsement to the City establishing that the City
has been legally added as an additional insured to the policy(ies) required under this
agreement.
LESSEE agrees to deposit with LESSOR, on or before the times at which
they are required to be in effect, two copies each of the policy or policies or certificates of
insurance necessary to satisfy the insurance provisions of this Lease and to keep such
insurance in effect and the policy or policies therefore on deposit with LESSOR during the
entire term of this Lease.
SECTION 5. INDEMNIFICATION
LESSEE shall defend, indemnify and save harmless LESSOR, its officers,
agents, and employees, from and against any and all claims, demands, loss, or 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 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 with occupancy and use of the land by LESSEE, its officers, agents, employees,
patrons, or visitors.
SECTION 6. STABLE IMPROVEMENTS
ALL plans for stable construction and improvements shall be approved by
LESSOR prior to implementation in accordance with the Site Plan referred to in Section 1.
At the termination of said lease, LESSEE shall remove all stable improvements installed
by LESSEE from said land within thirty (30) days; all improvements on said land after that
date shall become the property of LESSOR. LESSEE understands and agrees LESSOR
shall have no financial obligation to LESSEE for improvements installed by LESSEE unless
the LESSOR agrees upon, in writing, to purchase such existing stable improvements. All
stable improvements on said land, funded by the LESSOR will remain property of the
LESSOR at the termination of said lease.
SECTION 7. RESERVATIONS TO LESSOR
The land is accepted by LESSEE 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 land or any part thereof. LESSOR also reserves
the right to enter the land for any and all such purposes. LESSOR also reserves the right
to grant franchises, easements, right-of-way, and permits in, over, upon, through, across,
and along any and all portions of the land.
No rights reserved by LESSOR in this clause shall be so exercised as to
interfere unreasonably with LESSEE'S operations hereunder.
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LESSOR agrees that rights granted to third parties by reason of this clause
shall contain provisions that the surface of this land shall be restored as nearly as
practicable to its original condition upon the completion of any construction.
SECTION B. TERM
The term of this lease shall be for a period of five (5) years. This Lease
agreement may be terminated by either party on ninety (90) days written notice.
SECTION 9. DEFAULT IN TERMS OF LEASE BY LESSEE
Except for monthly lease payments as required by Section 2 of this Lease,
should LESSEE default in the performance of any covenant, condition, or agreement
contained in this lease, and such default is not corrected within forty five (45) days after
LESSEE receives written notice of default from LESSOR, LESSOR may terminate this
Lease.
Should LESSEE default in the payment of monthly lease payments as
required by Section 2 of this Lease, and such default is not cured within three (3) days after
LESSEE receives written notice of default from LESSOR, LESSOR may terminate this
lease. All right of LESSEE and those who claim under LESSEE stemming from this Lease,
shall end at the time of such termination.
SECTION 10. TAXES/LICENSING/FEES
In the event that the County Assessor assess any possessory interest taxes
on this leased real property, LESSEE shall be solely responsible for the payment of said
taxes and any licensing and permit fees that are to be paid to local, county, state or federal
government.
SECTION 11. PARTIAL INVALIDITY
If any term, covenant, condition or provision of this lease is held by a court
of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the
provisions hereof shall remain in full force and effect and shall in no way be affected,
impaired, or invalidated thereby.
SECTION 12. NOTICES
All notices pursuant to this lease shall be addressed as set forth below or as
either parry may hereafter designate by written notice and shall be sent through the United
States mail.
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TO: LESSOR
Administrative Services Director
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, California 92675
TO: LESSEE
Mission Trails Stables
c/o Betty Valenzuela
26501 Calle San Francisco
San Juan Capistrano, California 92675
Section 13. Attorney's Fees
If any action at law or in equity is necessary to enforce or interpret the terms
of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs
and necessary disbursements in addition to any other relief to which he may be entitled.
IN WITNESS WHEREOF, the parties have executed this agreement the day
and year first written above.
LESSOR:
CITY OF
Mayor
LESSEE:
MISSION TRAILS STABLES
ATTEST: By a
BettyX! lenzuela:
CITY CLERK��
APP V AES _ S TO FORM:
CITY AT ORNEY--
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