1974-0917_ORANGE COUNTY FLOOD CONTROL DISTRICT_Lease (2)4
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L02-101.6
Trabuco Creek Channel
LEASE
THIS LEASE is made this %/x��day of awl, 19 '� oy anti ;,etween
ORANGE COUNTY FLOOD CONTRL DISTP.ICT C SS R), ani C1Ty OF 'Sai: 1J:\l4
CAPISTRANO (TENANT), hereinafter .cesa�cLiv T r 7 cared
o as an "TENANT', without regard to number or pen.der.
1. DEMISED PREMISES (2.1 S).
LESSOR leases to TENANT that certain property hereinafter referred to
as "Demised Premises", descrioed on "Exhioit A" 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 oelow,
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
by 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)
14 The term of this Lease shall be for ten (10) years, commencine the
a`25 first day of the first full calendar month following the date of exe--
cution'by LESSOR. Said Lease term shall be automatically extended
26, �on a year-to-year basis at the expiration date of this Lease unless
either party hereto notifies the other, in writing, at least sixty (60)
27 days prior to the Lease expiration date, of its desire not to extend
the lease term.
26 4. DEVELOPMENT (N)
TENANT ,shall, within two years after the commencement date of this
(*� Lease, improve and develop the Demised Premises as a landscaped open
',r"30 space or a free public recreational facility as set forth aoove in
Clause 2 (USE). All plans for improvement and development shall first
be approved by LESSOR'S Chief Engineer so as to insure that such plans
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1 comply with the intent of this Lease, and that such improvement and
ck„u development do not impair floodworks adjacent to the Demised Premises.
2;
All improvements affixed to the Demised Premises by TENANT shall �become
3' .the property of LESSOR. In the event this Lease is terminated, TENANT
agrees to remove, at LESSOR'S option, any and all such improvements,
4 notwithstanding their becoming affixed to and part of the realty.
5. RESERVATIONS TO LESSOR (N)
a,
' The Demised Premises are accepted by TENANT subject to any and all
.'existing easements and encumbrances. LESSOR reserves the right to
1 ..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
X'' 9 reserves the right to enter the Demised Premises for any and all such
purposes. LESSOR also reserves the right to grant franchises, easements,
0 rights of way, and permits in, over, upon, thrrugh, across,and along any
�+ and,all portions of the Demised Premises.
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" LESSOR further reserves the right to enter upon and use any portion of
4"rF32 ..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 nearlyas a
practicable to its original condit._on upon the
completion of any construction.
6 ' KAINTENANCE.(N).
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,TENANT agrees to. maintain the Demised Premises and all improvements
i$ constructed thereon in good order and repair, and to keep said premises
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Aan,,a neat,; Clean, orderly, safe, and sanitary condition. This includes,
9- tiut is not; limited to, the prevention of accumulation of any refuse or
;:waste -materials which might constitute a fire hazard or a public. or
+V�j?0 private nuisance. Failure of TENANT to properly maintain and repair the
Demised Premises shall constitute a breach of the terms of this Lease.
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r�22,' INSURANCE (23.4 N)
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s 23 TENANT shallmaintain insurance acceptable to LESSOR in full force and
'bffect`.throughout the term 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:
Comprehensive Public Liability: $1,000,000 single limit coverage.
Al Insurance shall'be in force the first day of the term of this Lease.
Each policy of insurance shall contain the following clauses:
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"IT IS AGREED THAT THIS POLICY SHALL NOT BE CANCELLED NOR
29 THE COVERAGE REDUCED UNTIL 30 DAYS AFTER DEPARTMENT OF
REAL PROPERTY SERVICES, COUNTY OF ORANGE, SHALL HAVE
1, 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."
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"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
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 inaurance in effect and the policy or policies therefor on deposit
with LESSOR during the entire term of this Lease.
8
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
10,1 adequate protection for LESSOR and for members of the public using
the Demised Premises, LESSOR may require TENANT to obtain ins,irance
11 sufficient in coverage, form, and amount to provide adequate protection.
LESSORIS 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.
13
LESSOR shall notify TENANT in writing of changes in the insurance
14. requirements and, if TENANT does.not deposit copies of acceptable
insurance policies with LESSOR incorporating such changes within,60 days
i5 of receipt of such notice, this Lease shall be in default without
further notice to TENANT, and LESSOR shall be entitled to all legal
16. 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
18 theindemnification provisions and requirements of this Lease. Notwith-
standing said policy or policies of insurance, TENANT shall be obligated
19lfor "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. .
22 8.. INDEMNIFICATION (N)
TENANT agrees to accept the Demised Premises in an "as 1s" condition and
23 "shall indemnify and save harmless LESSOR, its officers, agents,
j and employees, from and against any and all claims, demands, loss, or
11,24 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
35, 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 "DEFAULT9.•.", IN TERMS OF LEASE BY TENANT (N)
29 Should TENANT default 1n 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.
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111 10. ASSIGNING AND SUBLETTING PROHIBITED (N)
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ItENANT.shall not assign, sublet, or in any manner transfer its rights,
;duties, and obligations under -this Lease. Any attempted assignment of
A6ransfer, 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
�,thla Lease, or right to operate the whole or any portion of the Demised
Premises upon any, such assignee, transferee, or any other person or
party.
11. UNLAWFUL USE (4.1 S)
TENANT agrees no improvements shall be erected, placed upon, operated,
nor carried
within the Demised Premises, nor any business conducted
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or arried on therein or therefrom in violation of the terms of this
Leaii,-or of any regulation, order of law, statute, bylaw, or ordinance
;of: a governmental agency having jurisdiction.
212,: AMENDMENT (45.1 S)
,This Lease sets forth the entire.agreement between LESSOR and TENANT and
any modification must be in the form of a written amendment.
13. PARTIAL INVALIDITY (46.1 3)
'If ' any term, covenant, condition, or provision of this Lease is held
b7.a court of competent jurisdiction to be invalid, void, or unenforce-
the remainder of the provisions hereof shall remain in full
fo�ice'and'effeot and shall in no way be affected, impaired, or invalidated
th6reby.
14 ...NONDISCRIMINATION (N)
TENANT 4grees'not to discriminate against any person or class of persons
ison of sex,.race, color, creed, or national origin. TENANT shall
mske.the Demised Premises available to the public on a free and open
basis'.'
15 ` ,LEASE ORGANIZATION (33.1 S)
arious headings in this Lease, the numbers thereof, and the organize -
tion of, the -Lease into separate sections and paragraphs are for purposes
of,,.,'_'c6nvenience only and shall not be considered otherwise.
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}."''NOTI __-
1 tsotices;pursuant t0:this Lease shall be
addressed as set forth
�lox..or as eitherparty may. hereafter designate by written notice
dy'ahal1 be''.eent` through the United States
mail.
41 4LESSOR. ` TO:
TENANT
:Orange County Flood Control District
City of San Juan Capistrano
c/o"'Dept. of Real Property Services
32400 Paseo Adelanto
400 Civic Center Drive West
San Juan Capistrano,
^Santa Ana California 92701
California 92675
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{Department of. Real Property Services
,
e : ; 400:;. Civie Center' Drive West
`"Santa Ana, Callfprn1a.92701
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TIME", (50 1 S)
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me :3e df the essence of this Lease.
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I WITNESS WHEREOFithe parties have executed this agreement the day
td year first above written.
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LESSOR
TEST,
ORANGE UNTY FLOOD CONTROL DISTRICT
YT JOHN, County Clerk of
0 Oran" and
96,.*/
ex
By 96
fico.ClerK.,Q t a_ -Board of
Cha r
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pe'rviaora of range County
ca
oar of Supero so�rs
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PROV ED Si TO FORM:
r1aWtKuyper,,
Der,,;:;'`,
unt;r-�Zrcouns '
PMNDEDt-FOR APPROVAL:
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Osborne,,
Engineer
County,; Flood 'Control District
Nelson'
-e.v,1EVACii1uieq �.Dire:otor
:o i`aljPropert*ySerV1ces
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TENANT
CITY OF SAJUAN CAPISTRANO
B
R y L Byrne: Mayor
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By*
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Mary A Hanover, City CIE
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WRITTEN; R.L.L. CIIECKrl):
gWiMLITY,�
tI;KiCEt'1IO 101.6
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Lots 60 and 62 of Tract No. 103, in the city of San Juan Capistrano, county of Oranne, state of California, per map
recorded,in book 11, pages 29 to 33 of Miscellaneous Maps, in the
4'-Ilbffice'of-the county recorder of said county.
EXCEPT that portion thereof lying northerly of the southerly
line and its westerly prol�naation of Lot 59 of said 'tract No. 103.
ALSO EXCEPT that portion thereof which lies westerly of a line
n a bearing of N. 3* 501 12" E. and passing through a point on
the
amap filed in book 3, pages 120 to 125
southerly 'Line of the San Juan Capistrano Townsite-, as shown
gu inclusive of Miscellaneous
^';Records of Los Angeles County, California, distant thereon
N., 890 201 0511 W., 672.78 feet from the southeast corner of Lot 9 in
Block 3 of aaid Townsite.
ALSO EXCEPT that portion thereof included within the land
.;.'described in deed to San Juah Capistrano Sanitary District,
recorded
,.1 July 19, 1)24 in book 531, page 251 of Deeds in the office
19oEthe -County Recorder of said Orange County.
,ZLSO EXCEPT that portion thereof lying easterly and southeasterly
of the following described line:
Beginning -at a point on said southerly line of the San Juan
-.:Capistrano Townsite, distant,N. 890 261 05" W.-, 599.16 feet along
'O'sa'ine from the southeast corner of said Lot 9, said
*-'Po* A point.on a non -tangent curve, concave southeasterly
d ius of 1615.00 feet, a radial line of said curve
r point bears N. 5,30 0.2' .56" W.; thence Northeasterly
°.421.17
g said curve through a central angle of 140 56' 31"
to its intersection with the south line of the land described in
'.'said deed to San Juan Capistrano Sanitary District.
...........
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