07-0220_MISSION TRAILS STABLES_Lease Agreement0 0
LEASE AGREEMENT
THIS AGREEMENT is made and entered into this 20th day of February,
2007, by and between the City of San Juan Capistrano, hereinafter referred to
as "Lessor," and Mission Trails Stables, hereinafter referred to as "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 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, pates 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) from the effective date if this agreement through
March 31, 2007. Effective April 1, 2007, the monthly lease payment will
increase to thirty five hundred dollars ($3,500). Each July Vt (beginning July 1,
2008), the monthly lease payment will be increased based on the Consumer
Price Index (CPI) — All Urban Consumers for Los Angeles -Riverside -Orange
County, CA area from March to March. This payment is due and payable on
the tenth (10th) day of each month. Monthly lease payments are deemed 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
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premises in the event of a multi -hazard emergency (to include, but
not limited to, flood, fire, and hazardous material incidents).
(b) LESSEE shall conduct its operations in such a manner as to not
disturb surrounding residents and/or activities. Accordingly, all
group activities on said land shall begin no later than 7:30 a.m. and
terminate no later than 10:00 p.m.; and all activities using
loudspeaker systems or generating unusual amounts of noise shall
terminate no later than 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 agrees to replace any damaged corrugated roofing over
stalls within six (6) months of the date of this lease.
(e) LESSEE agrees to maintain the signage and landscaping at the
entrance to the property within six (6) months of the date of this
lease.
(f) LESSEE shall not allow the storage of vehicles and equipment on
the premises which are not directly related to the use of the stables.
(g) 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.
(h) LESSEE, tenants, subtenants, agents, employees and contractors
shall conduct operations under this lease as to assure that
pollutants (as defined in the City's water quality ordinance, Title 8,
Chapter 14 of the Municipal code) do not enter municipal storm
drain systems. Such systems are comprised of, but are not limited
to, curbs and gutters that are part of the street or alley -ways
("Stormwater Drainage System"), and to ensure that pollutants do
not directly impact "Receiving Waters" (as used herein, Receiving
Waters include, but are not limited to, rivers, creeks, streams,
estuaries, lakes, harbors, bays and oceans).
To assure compliance with the Stormwater Permit and water quality ordinance,
the City of San Juan Capistrano developed a Local Implementation Plan (LIP)
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that contains Best Management Practices (BMP's) that parties using properties
with the City must adhere to. As used herein, a BMP is defined as a technique,
measure, or structural control that is used for a given set of conditions to
manage the quantity and improve the quality of stormwater runoff in a cost
effective manner. A copy of the City of San Juan Capistrano's BMP's is
provided with this lease agreement (Exhibit A). These BMP's are found on the
City of San Juan Capistrano's website under San Juan Capistrano Stormwater
BMP's and contain pollution prevention and source control techniques to
eliminate non-stormwater discharges and minimize the impact of pollutants on
stormwater runoff.
(i) LESSEE may propose alternative BMP's that meet or exceed the
pollution prevention performance of the BMP Fact Sheets. Any
such alternative BMP's shall be submitted to the City of San Juan
Capistrano's NPDES coordinator who will act as the City's
representative for review and approval prior to implementation.
Q) LESSOR's representative may enter the premises and/or review
LESSEE's records at any time to assure that activities conducted
on the premises comply with the requirements of this section.
(k) LESSEE may be required to implement a self-evaluation program
to demonstrate compliance with the requirements of this section.
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 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
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ENTITY WOULD HAVE AS A CLAIMANT HEREUNDER IF NOT
SO INCLUDED."
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 grant
franchises, easements, right-of-way, and permits in, over, upon, through,
across, and along any and all portions of the land.
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No rights reserved by LESSOR in this clause shall be so exercised as to
interfere unreasonably with LESSEE's operations hereunder.
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 8. 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.
SECTION 10. TAXES/LICENSING/FEES
In the event that the County Assessor assesses 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 party may hereafter designate by written notice and shall be sent
through the United States mail.
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LESSOR:
Administrative Services Director
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA. 92675
LESSEE:
Mission Trails Stables
c/o Betty Valenzuela
26501 Calle San Francisco
San Juan Capistrano, CA. 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 hereinabove written.
CITY OF SAN JUAN CAPISTRANO
By: �4L
Sam Allevato, Mayor
MISSION TRAILS STABLES
APPROVED AS TO FORM:
By:
John Shaw, City Attorney
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