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1982-0602_ORANGE, COUNTY OF_Lease z4v low 2 3 4 5 7 8 9 PM 801-4 10 Old San Juan Capistrano 11 Fire Station .12 LFASE 13 moo, day of Dly :ind between COUNTY OF ORANGE , THK IS A LEASK We thiswa asn--c—, 14 hereinafter referred ta as AMORA , ana—UTTfit" SAM J., CAPISTRANO, herelnYter 15 referred to as "TENANT" , without reqxrd to number and gender. 16 is PFFINITIONS ("A?. ! Q, 171, Thi following words in this Lease have the sknificance attnched to then In this clause, 18 unless otherwise annarent from context , 1 19 Board of Supervisors" means the RaW of Sunervisors nf W County of Orange, 20 Manaw" means the Maner agof UP Real Estate Division of the General Services Agency of the County of Uranqe or his authorized representatifie ,, 21 :12 2. VEMISED PREMISES (VA3. 1 S) 23 LESSOR leases to TENANT that cartain property hereinafiRr refel rod to as "Remised Prem- ises" , descrihed 1P "Exhibit A" And shown nn Wxhihit K which exhibits are attached 24 hereto and by refersnce made a part hereof. . 25 i 3. TERM (M52. 1 M) 261 Q The term of this Lease shall he ten (10) yeArs , commPnCing lean execution of the Lease 27 by LESSOR. 28 FAQ 42-28-1 IIf 1 4. USES I 5ERVICES (Q 2 A. R 0 red. LESSORK primary purpose for enterinq into this Lease is to promote the development Of a facility that will Op used to meet the social , health, welfare 3 8rd educkian needs of the ionior citkons of Or of In furtherance of this purpose, TENANT covenants and agrons that durinq the lease term, ant any Wdover 4 thereof, it will use the nerised Premse is primarily to provide services and orograms for and in Whalf of senior citizens of Won, County cn a ron-discriminatary basis. IEVANT further an covenants d agrees that all such services and programs will be made availahle to all senior citizens of Orarqe County in the same terms and condi- 6 tions that they are made avoilable to senior citizens of thy City of Sao dual Capistrano. 7 The Demised Premises may he used by WANT for the conduct cr administr3tion of re- 8 icr��atinn programs for othp- than senio- rltizat qns, irividad ,hat said use Mes not interfere with the primary purpose of this Lease. TENANT covenants and agrees that any recreation program for other than senior citizens conducted an or administered Exam the Demised Premises will be made available to all citizens of Orarge County 10 on a non-discriminatory basis, that all such programs will be made available to all citizpns of Orapne County on the same terms ard conditions that they are made avail- 11 We to citizens of the City of San juar Upistpann, and that eicept for amateur athletic WOO!, deronstrations, WOW or other educational events, TENANT 12 will not charge an admi,sion pr ice for any such programs. 1113 R. Ont i opal Su6ject to the prior written approval of Manager, TENANT is granted trip optiprovide those additiipal w5ps and services which are sicilLary to and 14 compatihip wIth the rocuired uses and services, 151 C. Restricted. The ahove-described uses and services, both required and optional , shaiMlthe-hq "sen and se-vices pprnittpd. Any othpr use qf the DeMsed Premises 16 by TFMAMT shall corstitutp a default in the terms nf this Lease by TERAIT and shall entitle LESSOP to torminatp this Wase in accordanco with Parnraph 16 of the General 17 Conditions attached to this Lease and by Werence incorporated herein. 18 5. LESSOR'S OF (m) LESSOR reserves the right to use portions of the MOM Premises as may he required 20 from time to time, at no cost to LESSM 21 Prior to bhp exercise of this right, Manager shall qive TENANT 30 days ' written notice of Unnt to use the Demised Premises. LESSOR agrees not to interfere unreasonahly 22 with TOM' S use of the Demised Premises,. 23 initially, LESSOR reserves the rlqht to use the equipment building for storage Durposes and to conduct its "Congregate Meal " Program from the Demised Premises W conjunction 24 with TENANT programs. Manager need not give writtnn notice of intent for LESSORK 25 initial use of the Demised Premises described herein. 26 6. CONSIOERATIOM (M) As consideration for this Lease, LESSOR will receive certain pubitc benefits. These 27 benefits include, but are not limited to, TEMANT'S construction of improvements to 28 F A I p 1 42-28-2 5-14-82 I the Demi seri Premisas in order to bring the Demised Premises up to Ruilding Code Standards (estimated to cost $150,000) , TENANT'S aintenance, operation and use of the Demised 2 premises in a manner that will promote the social , health, welfare and educatior needs of all senior citizens of Orange County, and TENANT'S maintenance, operation and use of 3 the Demis& Premises in a manner that will provids programs of community recreation for 4 all citizens of Drarqe county� 5 I® REPORTS (M) 6 TENANT shall provide LESSOR with copies of its Quarterly Reports of programs and atten- dance reqularly submitted to the City WWI of the City of San Juan Capistrano, These 7 � atten- dance Reports shall also include financial statements reflecting ary fees and expenses collected and disbursed by TEHAFT pursuant to this Lease. 9 8. INITIAL CONSTRUCTION AND/W ALTERATION BY THANT (MD1.2 f 'i3O TENANT shall , within one year after the commenceuiert date of this Lease, he required to 11 construct , alter , and improve Portions of the Derised Premises to bring the existinq structures up to code and usable for TEMANT'S intended Durposes. All plans for construc- tion shall first be approved by Fanager to insure that such plans comply with the intent 12 of this Lease. Any conditions relatispa to the manner, methaO, design and construction 13Y.m of said structures, improvements. or e facilitis fManagerix& by Manager shall be conditions hereof as thouqh originally stated herein. 14 All improvements affixed to the Mised Premises by TEMANT shall become the property of 15 E LSSOR. In the event this lease is terminated, TENANT aareps to remove and dispose of, at LESSOR'S option, any and all such improvements, netwithstandinq their becoming affixQ 16 to and part of the realtya The pqyment of costs for said removal and disposition of Mprovemonts shall he the respoo 5ibility of TENANT. 18 9, SUBSEWNT CONSTRUCTION AMO!OR ALTEPATIOM RY TFMAMT (W.1 M) A. LESSOR'S Corsert. No structures , improvements, or facilities shall be con- 'i�"7'— i9 structed., �rec e�,, altered, or m8do within thy? Wised Promises without prior writ- 20 ten consent of Wager, Any conditions relatinq to the manner, method, design and construction of said structures, improvements, or facilities fixed by Manager shall 21 be conditions hereof as though originally stated hyrein, B. Strict Compliance with Pnd laps aAll irprovements constructed 22 reml sos' mo A-1 Con�' by TF_'NWV -,h 'tructed in strict complianco with 23 detailed plans and soecificatiors 8pprcvpd by Manaosr. 24 10. TENANT'S ASSURANCE OF CONSTRUCTION COMPLETION (MPM N) 25 Prior to comnencoment of construction of approved facflitsus , or anph y ase thereof, 26 within the Devised Premises by TENANT, TENANT shall furnish to LESSOR evidence of cov- eraqe that assures LESSOR that sufficient monies will be available to complete the 27 proposed construction. The amount of covera, shall he at least the total estireted construction cost. Such coverage may take one of the fool in Kris : 281 Fklp 42-28-3 1. A. Completion and issued to LESSOR as ohliqne� 2 i . Performance bond and labor and material and or p8rformarce bond containing tW provIsons' of the lahor and material bond, supplied by TENANT'S contractor or con- 3 tractDrs, provided said bonds are issued jointly to TENANT and LESSOR as obligees. 4 C, irrevocable letter of credit issued to USSOR from a financial institution to 5 he in effect WiT LESSOR acknowledges satisfactory con*letion of construction. 6 D. Ary combination of the above. 7 L� Ary alternate form of assurance as way be approved by Manager. 11 bonds and letters of credit Tust be issued by a company qualified to do husipess in 8 the State of California and acceptable to USK& All bonds and letters of credit snail �be in a form acceptable to LESSOR and shall insure faithful and full observance anti, 1performance by TENANT of all terms, conditions, covenants, and agriements relating to �the construction of improvemaits within the D.emised Premises. 11. WHANICS LIENS (MD4. 1 S) 12 TENANT shall at all time indemnify and save LESSOP harpless from all claims for labor 13 Wr materials in conn8ctior with construction, repair, alteration, or installation of structures, improvements, equipient , or facilities within the Demised Premises, ane'' 14 from the cost of Wending aqainst such claims , includinq attorney fees. In the event a lien is invosed upon the Demised Promisps as a result of such construc- tion, repair, alteration, or installation, TENANT shall either: Y . Record a valid Release of Lien. or . 17 2. Deposit sufficient cash with LESSOR to cover the amount of the claim on the lien in question and authorize nayment to the extent of said deposit to any subse- quent judgment holder that may arise as a matter of public record from Litigation 19 with regard to lienholder claim, or 20 3. Procure and record a bond in accordance with Section 3143 af the Ciii Code, which frees the Demised Premises from the claim of the lien and from any action 21 hrmfght to foreclose the lien. Should TENANT fail to accomplish one if the three optional actions within 15 days after 22 , uhe filing of such a 1W, the Lease shall he in default and shall he subject to imme- 23 diate terr.'dnation. 24 1 1?. nAS-BUILTO PLANS AND CONSTRUCTIONCOSTS (MOM N) 25 Within 60 days following completion of any substantial Worovement within the Demised 26 Premises, TENANT shall furnish LESSOR a complete set of rtip roducibles and two sets of prints of "As-Built" plans. In addition, TENANT shall furnish LESSOR an itenized state- 271 ment of the actual construction cost of such improvement. TENANT must obtain Manager's Japproval of "As-Built" clans. H 28 FA,-)p 42-28-4 A-11-0 _a_ 1 11 UT IL ITIES (MFI I S) 00 TENANT shall be responsible for and pay, prior to the delinquency date, all charges for 0, utilities supplied to the Demised Premises. 4 1& PAINTENANCE OBLIGATIONS OF TEMANT (ME2.2 S) 5 TENANT agrees to maintain the Demised Premises and all improvements constructed thereon 6 in good order and repair, and to keep said premises in a neat, clean, orderly, safe, and sanitary condition. This includes, but is not limited to, the prevention of accumula- 17 tion of any refuse or waste materials which might constitute a fire hazard or a public or private nuisance. Failure of TEVANT to properly maintain and repair the Demised 8 Promises shall constitute a preach of the terms of this Lease. 9 M DAMAGE TO OR DESTRUCTION OF IMPROVUBTS (ME4. 1 N) 10 in the event of damaye to ar destroction of buildings, facilities, or improvenents 11 focated within the Demised Premises or in the event buildings, facilities, or improve- ments located within the Demised Prerises are declared unsafe or unfit for use or 12 occupancy by a public ertity who Frith the authority tri make and enforce such declaration, TENANT shall , within 30 days , commence and diliqpntly pursue to completion the repair, 13 replacement, or reconstruction of improvements necessary to Dermit full use and occupancy of the Demised Premises for the purposes required by this Lease. Repair, replacement , 14 or reconstruction of improvements within the Demised Premises shall be accomplished in a manner and according to plans approved by Manager. 15 16 16. !NSURANCE (MES. 1 S) _0 17 TENANT shall maintain insurance acceptable to LESSOR in full force and effect throughout the term of this Lease. The policy or policies of insurance maintained by TENANT shall provide the following limits and coverages. V Liability Wurance 19 20 Ycoverage Minimum Limits 21 Comprehensive Ge name Liability $1 ,000,000 Combined Single Limit Fire and Extended Coverage: THANT shall insure ngsa all buildi , facilities nd 22 frnprovenents to at Inast 90% of their replacement 23 cost , using a standard form fire insurance policy containing the "extended coverage" endorsement. 24 insurance shall be in force the first day of the term of this Lease. 25 Each liability insurance policy required by this Lease shall contain the followirg 26 three clauses, 27 28 ! S AW 42-28-5 RnI7 Qu A. "This insurance shall not be cancelled, limited in scope of coverage or non- renewed until after 30 days' written notice has been given to the County of Orange, General Services Agency/Real Estate Division, P. C . Box 4106, San-- 2 Ana, California 92702.'' 3 R. "Lessor and County of Orange (if LESSOR is other than the County of Orange) are added as additional insureds as respects operations of the named insured 4 at or from promises Hased from the LESSOR. '' 5 C. "It is agreed that any insurance maintained by the County of Grange will apply 6 in excess of, and not contribute with, insurarce provided by this policy. '' Each property insurance policy reauired by this 0,8 shall contain clause A above and 7 the. following two clauses - 8 D. "All rights of subrogation are hereby waived against the County of Orange and 9 the members of the Board of Supervisors and elective or appointive officers or employees, when acting within the scope of their employment or appointment, ?nd County Districts and their Board and Commissions which are governed by 10 the County Board of Supervisors. '' E. "Lessor is named as loss payee on the property insurance policy required by 2 this Lease®" 1 13 TENANT agrees to deposit with LESSM, at or beforn the effective date of this Lease, certificat as of insurance necessary to satisfy LESSOR that the insurance provisions of 14 this Lease have been conplied with, and to keep such insurance in effect and the certificates therefor on aposit with LESSOR during the entire term of this Lease. 15 LESSOR shall retain the right at any time to review the coverage, fort', and amount 16 of thy insurance required hereby. if, in the opinion of LESSOR 'S Risk ea Man th t , e insurance provisions in this Lease do not provide adequate protection for LESSOR and for 17 members of the public using the Demised Premises, LESSOR 'S General Services Agancy/Real Estate Division may require TENANT to obtain insurance sufficlant in coverage, form, 18 and amount to provide adequate protection. LESSOR'S requirements WIT be reasonable but shall Pas designed to assure protection frai and anainst the kind and extent of the 19 risks which exist at the time a char x Q insurance is reouired,, Lw SOP'S General Services Agency/Real Estate Division shall notify TENANT in writing 20 ref changes in the insurance requirements; and if TENANT does not deposit copies of acceptable insurance policies with LESSOP incorporating such changes within sixty days 21 of receipt of such notice, this Lease shall be in default without further notice to TENANT, and LESSOR shall he entitied to all legal remedies. 22 The procuring of such required policy or policies of insurance shall not he construed to 23 limit TENAMYS liability hereunder nor to fulfill the idomnification provisions and 24 requirements of this Leasv 25 lk ASSIGNING, SUBLETTING, AMO EMCUMBERING PROHIBITED (MEW N) 26 Any mortgage, pledge, hypothecation, encumbrance, transfer, sublease, or assignment (hereinafter in this clause referred to collectively as "Encumbrance") of TENANT'S 27 interest in the Demised Premises, or any part or portion thereof is prohibited. AqY attempted Encurbrance shall ba null and void and shall confer no right, Htle, or interest in or to this Lease. 28 FA:lp 42-28-6 1, 11 00TICK (MF8. 1 S) 2 All ioticos pursuant to this Lease shall be addressed as set forth below nr as either 3 ! Party va.v hereafter designpte by written notice and shall he sm through the United i States mail . 4 TO: LESSOR TO: TENART 5 County of Orange City Wager GSA/Real Estate Division City of San Juan Capistrano 6 K Q Box 4106, 32400 Pam del ante 7 Santa Ana, California 92702-4106 San Juan Capistrano, CA 92675 8 19. ITTAYMENTS TO LEASE (MF9.1 S) 9 This LeaFeircludes the following, which are attached hereto and made a part hereof,, 10 GENERAL CONDITIONS, 11 EXHIBITS-. 12 A - LEASE DESCRIPTION M S - PLOT PLAN 14 115 16 17 20 21, 22 23 24 25 26 27 28 FAQo 42-28-7 1 Iq WYTNESS WHEREOF, the parties heve executed this Qrsamert the day ard year first above written. 2 TKANT 3 rlTv OF UN jUAN CAPISTRA40 4 /-B CHT WO fH—E — AWWRENCE F., IM, MAYOR 6 7 , y 4YAN",n- -A—N4OEfkC ITT GL RK 8 9 APPROVED AS TO FORM: 10 APPROVED AS TO FORM-, S X© ASA 11 County Counsel ITY ATTORNEY 12 IN 13 14 RECOMMENPED FOR APPROVAL: 15 Genera! S��rvic(�s Aqency F acfliti� '�"- Real , Real Fsuet„-, rl4p.'�R'.-J6 17 ent m; 20 21 22 23 SIGNED AN9 CFRTIFTED THAT A COPY UFF LESSOR 24 THIS DOCUMENT HAS BEEN DELIVERED TO CHATRMAN OF THE 2RUARD� COUNT! 04.4pw4GE 5 ro /J-Z-Al) 26 E L E"I APOER Chal rman, F! fi Uy A T Clerk of the Board of Supervisors of 27 Orange County, California 28 F A: 42-28-8 5-14-82 I GENERAL CONDITIONS (MGI-24 N) 2 3 1 IEFINITION OF YESSOR" (MGM M) The term "LESSOR" shall mean the Board of Supervisors of the County of Orange or its 4 authorized representative, 5 2. TIME (MG2 S) 6 Time is of the essence of this Lease. 7 E V SIGNS (MG3 S) 03 TENANT agrees not to ccats truct, maintain, or allow any sign upon the Demised PrMses except as approved by Lr;SSGR, thapproved signs, banners, flaqs, etc. , may be removed by LESSOP without prior notice to TENANT 10 4. PERWITS AND MEWS (MG4 S) 11 TENANT shall be required to obtain any and all approvals, permits and/or licenses which may be required in connection with the operation of the Demised Premises as set out 12 horeip, 13 Q LEASE OVANIZATION (MG6 V1 14 Ali evarirdi-us hvanps and nambors herein, the grouping of provisions of this Lease Wto15 sparate clauses and paraqraois , and the organization hereof, are for the purposp of only and shall not be considered otherwise. 16 F). G,7 S) 17 This Lease sets forth all of the agreements and understandings of the parties with regard to its subject matter and any madification must he written and properly executed 18 by both parties. 19 7. 10M.-AWPUL USE (,468 S) 20 TEMANT agrees ho improvements shall he erected, olaced upon, overated, nor maintained 21 within the Wised Promises, or any husiness conducted or carried on therein or there- from, in violatiop of the terms of this Leaip, or nf any requiation, order of law, 22 statWte, ylaw, or ordinarce of a qovernmental agency havinn jurisdiction. 23 NONDISCRIMINATION (MU S) 24 TENANT agrees not to discriminate against any person or class of persons hy reason of sex, race, color, creed, or nationai origin. TENANT shall make its accommodations and services available to the public on fair and reasonable terms. :25 9. iNSPECTION (MG10 S) 26 27 LESSOR or its authorized representative shall have the right at all rv;sonahln times t'� i inspect the Demised Promises to determine 6 the provisions of this Lease are being cam- 28 plied wfth, FAQp 42-29-1 IT-11-A2 1 IMUEMNIFICATIOM QSV 1) 2 TENANT agrees to accept the Demised Premises in an "as-is" condition and shall nefend, indemnify, and save harmless LESSOR, its officers , agents, and empinyees , from and 3 against stay and all claims, wands, loss, legal and irvestitfun gaexpenses, or liability of any kind or nature qhich LESSOR, its afficers. agents. and employees may sustain or 4 incur or which iay be imposed upon them or any of them for iniury to or death of persons , or damage to orcparly as a result of, arising out of, or in any manner connected with 5 this Lease or with occupancy and use of the Demised Premises by TENUT, its officers, 6 agents, employees, licensees, patrons, or visitors, except liability arising out of the sole negligence of LESSOR. 7 11. TAXES AND ASSESSMENTS (MG12 8 Though not ant icipat od, this lease may create a possessory inturust which is subject to 9 the payment of taxes levied an such interest. It is understood and agreed that all taxes and assessments (including but not limited to said Possessory interest tax) which 10 become due and payem able upon the Demise Pr rises or upon fixtures, equipment, or other roperty installed or conAtruct& thereon, shall be the full responsibility of TENANT, 11 and TENANT shall aayse said taxes Yqd Dssessments to be paid promptly. 121 12, NUCCESSORS IN INTERFST (MG13 S) I i Unless otherwise provided In thin Lease, the terms, covenants, and conditions contained 13 herein shall apply to and bind the heirs, successors, executors, administrator,, and 14 assigns of all the parties hereto, all of whom shall be jointly and severally liable hereunder- 15 13. CIRCUMSTANCES WHICH EXCUSE PERFORMANCE (MW N) 161 if either party herpto shall he May& or prevpnted from the performance of any act 1 7 required hereunder ht reason of acts ofGod, rpstrictivp rvernpuntal laws or requia.- tions, or other cause without fault and beyond the control of the Party obligated is (financial Whility excep0d) . performance of such act shall be excused for the period of the delay and the period For the Derformarce of any such act shall he extended for a 191 Perim! equivalent to W perive of such delay.. 20 14. PARTIAL !NVALIOITY (MG15 S) 21 If aRY term, covenant, condition, or arovision of this Lease is held by a court of com- petent jurisdiction to be invalid, void, or unapforcpable, the remainder of the pro vi - 22 1 sions hereof shall remain in full forcp and effect and shall in no way be affected, fmpairnd, or invalidat;O thorehy. 23 15. WAIVER 0 RIMS (MG16 S) 24 rhe failure of LESSOR or TENANT to insist upon strict performance of any of f 5 terms, 25 cavenants , or conditions of this Lease shall not be deemed a waiver of any riqht or remedy that LESSOR on TENANT may havE, ard shall not be desied a waiver of the right 26 K repuire strict oerformance of all the. tes, coven rmants, and conditions of the Lease thereafter, nor a waiver of any remedy for the s0sequent breach or default of any term, 27 covenant, or condition of the Loose. 28 F A I 42-29-2 5-14-R9 -2- 1 16. DEFAULT 1N TEW OF TW HASE 9Y TERAMT (MG17 M) 2 Should TENANT default in the performance of any covenant, condition , or agreement con- 3 tained in this Lease and such default is not coo rectnd within a reasonable time (as determined by LESSOR) aftyr TBANT receives written notice of default from LESSOR, LES-, SSR may Urminate this Lease. All Qhts of TENANT 1h11 end at the time of such 4 termination, 5 6 17. COSTS OF SUSTAIIINE AM ACTION FOR BPETCH OR DIF1147 (MG19 M) 7 in the event suit is brought to enforce or interpret any part of this Agreement , the pre- Ivailing party shall be entitled to recover as an element of its costs of suit, and not 8 las damaqes , a reasonable attorneys fee to be Fixed hy the court. The "prevailing part '' y ihall hc the party who is nntftled to recover its costs of suit, whether or not the suit 9 Proceeds to final judgment. A party not entitled to recover its costs shall not recover attorn�ys 10 11 18. RESERVATIONS TO LESSOR (MG19 M) 12 Th- berised PrPrises arp accepted as Wand whore 1; by TENANT Wjev to any and all existing easements and encumhran ces. LESSIR r2sorves the right to Install , lay, conJi - 13 struct , maintak, repair, and npPrato suky orwor ch Anaers, drains, str urT watesewers, PiD00PS. manholes, and cannectYrs: water. oil . and gas a. pipelines; telephnne . 14 tpieqraph Do= lines ; and the 3spliances W necessary or convenient H connecticn therewith, in, over, upon, through. across , and along the Demised Premises 1or any Dart thereof, 3nd to entar the Wised Moises for any and all such purposes. 6 1ISSN? aiso reserves the rinht tn grant franchises, easements, rights of way. and pe r- 16 mits in , over. upon, throuqk acrosn, and along any and all portions of the Demised Premises. No riqht raserved hy LESSW fn this Woun; shall he so Pxercised as to 17 interfere unreasonably with TENAMYE operations hernunder, 18 LESSOP aqrees that r1phts aranted to third parties by reason of this clause shall con- tain nravision; that thp sHrface of the fard shall he o- c storqs nearly as practicable 19 to its oriqinal ccnditlor apon Qhp aompiption & ony construcHin. 20 1 1 19. HOLOING OVER (MCPO S) 21 lo the eyont fFNANT shall continue in paslession of thn Danised Promises after the tQrm 22 of thin Lease, suc, possessioi shall not We cansWre, e renewal of this Lease but a tenmwy frmR mnnth to month ind shall he governed by the copWitions and covenants con- 123 tainpd in this Lease, 24 �0k CiOND11TION DF WKED PREMISES KPON TERMINATION QC21 S) 25 Except as otherwise igreed to herein, upon termination of this Lease, TENkMT shall We- 26 liver possession of said Demised Premises to LETSOR in suhstantially the same condition that exi5ted immediately prior to TENANT'S ent, thereon, reasonable wear and tear, 27 flood, earthquaes, afar', act ka , and any aof war, excepted. 28 F A:I 42-29-'3 1 21. DISPOSITJON OF WMOOMEU OERSOMAL PRCPERTY (MS22 S) 2 ff TENAPT abandons the Dellsed Premises or is dispossessed rhc-.rc!of !,�y. prvcpss oOF law-- or title to any porsonal property belonging to TENANT and left on the Wiseef 3 Premises 45 dRys after such abandonment nr disoossession shall he deemed to have been transferred to LESSOR. LESSOR shall have the HOW to remove and to dispose of such 4 proparty without 11ahility therefor to TENANT or to any person claiming under TENANT, and shall have nn need to account therefor. 6 22. QUITCLAIM OF TENANTIS 1UTEREST UPOM TERMXMATIOM (MG23 S) 7 Won termination of this Lease for aRy reason, includinq but not limited to termination because of default by TEMANT, TENANT shall exec"te, acknowledge, and deliver to LESSCR, 8i within 30 days after recebt K written demand therefor, a qcad and 4ufficient deed Ws hereby alrighttitle. and ierestof TENAMF in the Demised PremisEs is quitclaimedo LESSOR. Should TEHAIT fall or refuse to deliver the required deed to LESSOR, LESSOR noy nrenare and record a notice reciting the failure of TENANT to execute, acknowledge, 10 and deliver such deed and said notice shall he conclusive evidence of the termination of this Lease and of all right of TENANT or these claiming under TENANT In and to the 11 Derised Premises, 12 13 I 23. LESSUR'S RIGHT TO RE-EMTER (MG24 S) TENANT agrees to yield and Poaceahly delivir possession of the Demised PrepOses U� 14 LF'S, DR- the date of termination of this Lease, whatsoever the reason for such termi- nation- Upon giving written notice of ter-mination to TENANT, LESSOR shall have the right to re- 16 enter and take possession of the Knised Premfses an the date such termination becomes C,ffPctive without furthar notice of any kind and without institution of summary or regu- 17 lar legal Proceedings. Termination of the Lease and re-entry of the Uerised Premises hV LESSOR shall in no way alter or diminish Fane011gatior of TENANT under the leas�� 18 terms and shall not constitute an acceptancr or surrender. TENANT waives aRy and all Hght of redemption under any existing or future law or statute in the event of eviction from or dispossession of the Demised Premises for any 20 reason or in the event LESSOR re-enters and takes Possession Of the Oemised Premises in :21 a lawful manner. 22 TENANT acreps that should the nanner ar method employed hy LEWR in ry-entering or, ta�'in�p possession of the Demised Promises givR TENANT a cause of action for damages or 23 in forcible entry and Wainer, the total amount of damages to which TENANT shall he entitled in any such action shall be One Dollar. TENANT Rgrees that this clause Mill'? 24 he filed in any such action and that when filed, it shall be a stipulation Na TENAN.1 fixing the total damaqes to which TENANT is entitled in such an action. 25 26 27 28 FA:H', 42-2 9-4 LEASE DESCRIPTION PROJECT NO: PM 801 DATE: 5-3-82 PROJECT: San Juan Capistrano Fire Station WRITTEN BY: RFD PARCEL NO: 4 CHECKED BY: CR B.R. NO: -- APPROVED BY: F L H � . PARCEL PM 801-4 All the demised premises shown crosshatched on a plot plan marked Exhibit "B, " attached hereto and made a part hereof, being that certain property at 31411 La Mantanza, in the City of San Juan Capistrano, County of Orange, State of California, and located on Lots 9, 10, 11 , 12, 13, and 14 in Block Six (6) of Tract No. 808, "Mission Hill Tract," as per map recorded in Book 24, page 23 of Miscellaneous Maps , records of said Orange County. NOT TO BE RECORDED AEES2-35 RD:mgj 5-3-82 E U,i B IT r ✓"� iF" �..7' J E3. - / --e574 r - W o E4 N uk ;»✓� _;....L ..,..;,r.. vM F.._.....� ._x,;�.,.. ..V.4 9 .....,�:.r.,..v...>_..n.,.;5`.� o ,-J„.�,- ..:,r,,. x,r, .. ...:...L� .�-P- _ >..,-+...,. ..,.. >. _ .. ,.,na...., r -5A Al n .3/411 7 ,V7,-- VZ ; Approved: CITY CLERKS DEPARTMENT - ACTION REMINDER TO: Al King, Director of Community Services FROM: Dawn Schanderl, Deputy City Clerk DATE: March 1, 1997 SITUATION: On June 2, 1982, the County of Orange entered into a lease with the City of San Juan Capistrano for the Old San Juan Capistrano Fire Station. Said term of lease will be for ten years, until June 2, 1992. ACTION REQUESTED: Please advise of the status of the project and whether any formal action needs to be taken. STATUS: City is on a month--to-month lease arrangement. Discussions are ongoing re options. No additional info at this time. DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: SIGNATURE OF OFFICIAL TAKING ACTION: DATE SIGNED: ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** Tickler Date: 03/01/92 Deadline Date: 06/02/92 cc: City Attorney .Assistant City Manager Department Head (fire 1/600.20) CITY CLERK'S DEPARTMENT - ACTION REMINDER TO: Al King, Director of Community Services FROM: Dawn Schanderl, Deputy City Clerk DATE. March 1, 1992 SITUATION: On June 2, 1982, the County of Orange entered into a lease with the City of San Juan Capistrano for the Old San Juan Capistrano Fire Station.' Said term of lease will be for ten years, until June 2, 1992. ACTION REQUESTED: Please advise of the status of the project and whether any formal action needs to be taken. ACTION TO BE TAKEN: DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: SIGNATURE OF OFFICIAL TAKING ACTION: DATE SIGNED: ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** Tickler Date: 03/ 2 Deadline Date: 02/92 ;rel/600.20) : City Corney As 'stant City Manager epartment Head CITY CLERK'S DEPARTMENT -- ACTION REMINDER TO: Al King, Director of Community Services FROM: Dawn Schanderl, Deputy City Clerk DATE: March 1, 1992 SITUATION: On June 2, 1982, the County of Orange entered into a lease with the City of San Juan Capistrano for the Old San Juan Capistrano Fire Station. Said term of lease will be for ten years, until June 2, 1992. ACTION REQUESTED: Please advise of the status of the project and whether any formal action needs to be taken. ACTION TO BE TAKEN: DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: SIGNATURE OF OFFICIAL TAKING ACTION: DATE SIGNED: ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** Tickler Date: 03/01/92 Deadline Date: 06/02/92 cc: City Attorney Assistant City Manager Department Head (firel/600.20) 2_;), �8-- �vA t'?m CITY: ERK' S DEPARTMENT ACTION"'. EMINDER TO: Director of Recreation FROM: City Clerk DATE- May 9 , 1983 SITUATION: On June 2 , 1982 , the County of Orange entered into a lease with the City for the Old San Juan Capistrano Fire Station. Said Lease states that within one year after commencement date of this lease , the City shall construct, alter, and improve portions of the demised premises to bring the existing structure up to code and usable for City' s intended purposes. (Said term of the Lease will be for ten years , until June 2 , 1-992 . ) ACTION REQUESTED: Please advise of the status of the project and whether any formal action needs to be taken. ACTION TO BE TAKEN: I spoke to Fred M. Drewette, Acquisition Section Supervisor, General services Agency, County of Orange, regarding this problem. He advised me that he spoke to his superior and obtained approval for the City to extend the completion of construction to July 15. I will follow through with a letter to Mr. Drewette confirming this conversation.. I talked to Lou Gabriel , the contractor, on May 16 and he feels there is a good chance they will be finished approximately one month before the July 15 deadline. DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: July 15 or sooner upon completTo-nof construction. SIGNATURE OF OFFICIAL TAKING ACTION: . DATE SIGNED: May 17, 1,983 ***FOR CITY CLERK' S DEPARTMENT USE ONLY*** Tickler Date / 5/9/83 Deadline Date/ 6/2/83 File No. : 38 - #384 (Fire Sta) 71/ C>U N'T'., (:3 P Cw' F- 4 Fzt^N R. A. SCOTT C:> DIRECTOR GEORGE H. CORMACK ✓GENERAL SERVICES AGENCY ASSISTANT DIRECTOR FACILITIES & REAL PROPERTY REAL ESTATE DIVISION G-7800 JOHN R.SHADDY, MANAGER 811 NORTH BROADWAY" P,o, BOX 4106 December 14, 1982 SANTA ANA,CA 92702-4106 (714)834-2550 PM 801-4 acs Old San Juan Capistrano Fire Station 711 F. 2, Many Ann Hanover, CMC City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 SUBJECT: INITIAL CONSTRUCTION/OLD SAN JUAN CAPISTRANO FIRE STATION On June 2, 1982, the County of Orange and the City of San Juan Capistrano entered into a lease on the Old San Juan Capistrano Fire Station. The City is to develop the station into a facility that will be used to promote the social , health, welfare, and educational needs of the citizens of Orange County. Clause 8 (INITIAL CONSTRUCTION AND/OR ALTERATION BY TENANT) requires that within one year after the commencement date of this Lease, the Tenant shall construct, alter, and improve portions of the Demised Premises to bring the existing structures up to code and usable for Tenant's intended purposes. Also, all plans for construction shall first be approved by the Manager, GSA/Real Estate Division, to insure that such plans comply with the intent of this Lease. This is to remind you it is only six months before the end of the first year of the lease. The County will be looking forward to working with you on this worthwhile project and would like to be advised of the progress of your proposed construction plans and date we can expect to receive them for review. If you have any questions, please call me at 834-2550. Fred Drewette Property Management Section FD.-lp cc: Larry J. Holes, Director Orange County Fire Department A5-29-1(1) 4A "'I(o 1 2 3 RESOLUTION OF THE BOARD OF SUPERVISORS OF 4 ORANGE COUNTY, CALIFORNIA 51 June 2 , 1982 I 6 On motion of Supervisor Riley duly seconded and 7 carried , the following Resolution was adopted: 8 WHEREAS, by Resolution .No. i 82-775, dated May 18 , 1982 , this Board, 9 pursuant to Government Code Section 25365, declared its intention to 10 lease that certain real property described on County records as Parcel li PM 801--4 and located. at. 31411 Tia Mantanza, San ,Tuan Capistrano, to the 12 City of San Juan Capistrano for ten years,. commencing June 2 , 1982, on 13 a rent--free basis;. and 14 WHEREAS, said Resolution directed the Clerk of this Board to W� Z ; IS cause n _ otice of intention of the Board of Supervisors to make said ease Do o G 16 to be published one (1) time in the Saddleback Valley News , a newspaper ZZ 00 17 of general circulation, at least. one (1) week prior to the day of the 18 hearing to consider said lease, as required by Government Code Sections 19 25365 and 6061; and 20 WHEREAS, said Resolution and notice of intention fixed Jane 2 , 1982 , 21 at 9 : 30 o 'clock A.M. , in the Board of Supervisors Hearing Room, County 22 Hall of. Administration, 10 Civic Center Plaza, Santa Ana., California, 23 as the time and place when this .Board would: meet to consider said 24 lease; and 25 WHEREAS , the Clerk of this Board has given the notice of the 2 26 Board ' s intended action as required by law; N N a 27 LL �9 2$ Resolution No. 82-857 Lease-Old Sari Jua" a"n apEstrano Fire Statioft. to City w-mph .. I NOW, THEREFORE, BE IT RESOLVED that the Lease concerning the real.. 2 property described on County records as Parcel PM 801--4 , commonly known as the Old San Juan Capistrano Fire Station, and located at 31411 La 4 Mantanza, San Juan Capistrano, to the City of San Juan Capistrano for 5 ten years, commencing June 2, 1982, on a rent-free basis, is approved-. 6 BE 2T FURTHER RESOLVED that. this Board, pursuant to Government Code Section 25365, hereby finds that the leasehold interest conveyed to the e g �� City of San Juan Capistrano is not required for o County use. 9 BE IT FURTHER RESOLVED that this Board hereby finds that the uses 10 ) to be made of the real. property which is the subject of the Lease by 11 the City of San Juan. Capistrano are for public purposes which will be - 12 of general benefit to all citizens of Orange County. 131 BE IT FURTHER RESOLVED that the Clerk of this Board is authorized 14 and directed to execute the Lease on behalf of the Board of Supervisors. }� ZZ 15 D ' o ° > � 16 F � Z Z E o 17 V 18 !AYES: SUPERVISORS THOMAS F . RILEY, ROGER R. STANTON, HARRIETE M. W ERE: ., RALPH B . CLARK AND BRUCE NESTANDE 19 NOES: SUPERVISORS NONE 20 . ASSENT: SUPERVISORS NONE 21 � STATE OF CALIFORNIA 22 - � 55. - 23 COUNTY OF ORANGE 1, JUNE ALEXANDER, Clerk of the Board of Supervisors of Orange County, California, 24 hereby certify that the above and foregoing Resolution was duly,_and 'regularly adopted by the said Beard at a regular meeting thereof held on the 2nci da'y 0 f J, it , 25 19 82 , and passed by a unanimous vote of saidoarw'Wr�' ., 26 LIZ IN WITNESS WHEREOF, .I have hereunto set my hand. and `seal this •2nd oday of June , 19 8227 a ems`+ 28 -; ":: JUNE ALEXANDER U. Clerk o-f.7the Board of Sine v i ors of Orang0.County, Cal-i,forhia I, 3 3 2I i. 3 4 EI 5 ' E 6f 7 9 1 PM 801-4 101 Old San Juan Capistrano I Fire Station 11 12LEASE i � 13 THIS IS A LEASE, made this day of 199 by and between COUNTY OF ORANGE, 14i hereinafter referred to as `"LESSOR", and CITY F SAN JUAN CAPISTRANO, hereinafter 15 referred to as "TENANT", without regard to number and gender. 16 1 . DEFINITIONS (MA2. 1 N) 171 The following words in this Lease have the significance attached to them in this clause, E unless otherwise apparent from context: 1.8 "Board of Supervisors" means the Board of Supervisors of the County of Orange. 19 I' , I f "Manager" means the Manager of the Real Estate Division of the General Services Agency 20 of the County of Orange or his authorized representative. 1 21 I 22 2. DEMISED PREMISES (MA3. 1 S) 23 LESSOR leases to TENANT that certain property hereinafter referred to as "Demised Prem- � ises", described in "Exhibit A" and shown on "Exhibit B", which exhibits are attached 241 hereto and by reference made a part hereof. 25 3. TERM (MB2.1 N) 26 The term of this Lease shall be ten (10) years, commencing upon execution of the Lease 27 by LESSOR. E I 28 � FA:l p I A� ob , :1 "' " 4. USES & SERVICES (N) 2 A. Rec_uired. LESSOR'S primary purpose for entering into this Lease is to promote the development of a facility that will be used to meet the social , health, welfare 3 and education needs of the senior citizens of Orange County. In furtherance of this purpose, TENANT covenants and agrees that during the lease term, and any holdover 4 , thereof, it will use the Demised Premises primarily to provide services and programs for and on behalf of senior citizens of Orange County on a non-discriminatory basis. 5 TENANT further covenants and agrees that all such services and programs will be j made available to all senior citizens of Orange County on the same terns and condi- 63 tions that they are made available to senior citizens of the City of San Juan Capistrano. 7 The Demised Premises may be used by TENANT for the conduct or administration of re- creation programs for other than senior citizens, provided that said use does not interfere with the primary purpose of this Lease. TENANT covenants and agrees that 9 any recreation program for other than senior citizens conducted on or administered from the Demised Premises will be made available to all citizens of Orange County 10 on a non-discriminatory basis, that all such programs will be made available to all citizens of Orange County on the same teres and conditions that they are made avail- 11I able to citizens of the City of San Juan Capistrano, and that except for amateur athletic contests, demonstrations, exhibits or other educational events, TENANT 12 ` will not charge an admission price for any such programs. I 13 B. Optional . Subject to the prior written approval of Manager, TENANT is granted the option to provide those additional uses and services which are ancillary to and � 14 compatible with the required uses and services. 15 ( C. Restricted. The above-described uses and services, both required and optional , shall be the only uses and services permitted. Any other use of the Demised Premises; 16 � by TENANT shall constitute a default in the terms of this Lease by TENANT and shall j entitle LESSOR to terminate this Lease in accordance with Paragraph 16 of the General ; 17Conditions attached to this Lease and by reference incorporated herein. 18 �E 5. LESSOR'S USE (N) LESSOR reserves the right to use portions of the Demised Premises as may be required j 20 j from time to time, at no cost to LESSOR. I 21 I' Prior to the exercise of this right, Hana gor shall give TENANT 30 days ' written notice of intent to use the Dem,sed Premises. LESSOR agrees not to interfere unreasonably i 22 with TENANT'S use of the Demised Premises. X14 231j initially, LESSOR reserves the right to use the equipment building for storage purposes ; and to conduct its "Congregate seal " Program from the Demised Premises in conjunction 241' with TENANT programs. Manager need not give written notice of intent for LESSOR'S 2511 initial use of the Demised premises described herein. I€ 6, CONSIDERATION! (N) 26 As consideration for this Lease, LESSOR will receive certain public benefits. These 27 � benefits include, but are not limited to, TENANT'S construction of improvements to 28 �11 FA.I 42-28-2 1 the Demised Premises in order to bring the Demised Premises up to Building Code Standards ' (estimated to cost $150,000) , TENANT'S maintenance, operation and use of the Demised 2 premises in a manner that will promote the social , health, welfare and education needs hof all senior citizens of Orange County, and TENANT'S maintenance, operation and use of 3 ,Ithe Demised Premises in a manner that will provide programs of community recreation for Mall citizens of Orange County. 4 5 7. REPORTS (N) 6 TENANT shall provide LESSOR with copies of its Quarterly Reports of programs and atten- dance regularly submitted to the City Council of the City of San Juan Capistrano. These 7 Quarterly Reports shall also include financial statements reflecting any fees and 3expenses collected and disbursed by TENANT pursuant to this Lease. 9 18. INITIAL CONSTRUCTION AND/OR ALTERATION BY TENANT (MD1.2 N) E E 10 [ TENANT shall , within one year after the commencement date of this Lease, be required to Econstruct, alter, and improve portions of the Demised Premises to bring the existing 11 istructures up to code and usable for TENANT'S intended purposes. All plans for construc- tion shall first be approved by Manager to insure that such plans comply with the intent 12 of this Lease. Any conditions relating to the manner, method, design and construction of said structures , improvements, or facilities fixed by Manager shall be conditions 1.31 hereof as though originally stated herein. 14 Ef All improvements affixed to the Demised Prerni ses by TENANT shall become the property of LESSOR. In the event this lease is terminated, TENANT agrees to remove and dispose of, 15 at LESSOR'S option, any and all such improvements, notwithstanding their becoming affixed 16 to and part of the realty. The payment of costs for said removal and disposition of iimprovements shall be the responsibility of TENANT. E 17 �� 9. SUBSEQUENT CONSTRUCTION AND/0R ALTERATION BY TENANT (MD2.1 N) E 19 �I A. LESSOR 'S Consent. No structures , improvements, or facilities shall be con I strutted, erected , altered, or made within the Demised Premises without prior writ - E ten consent of Manager. Any conditioris relating to the manner, method, design and 20 construction of said structures, improvements, or facilities fixed by Manager shall 21 be conditions hereof as though originally stated herein. Bo Strict Compliance with Plans and Specifications. All improvements constructed 22 by TENANT within the Demised Premises shall be constructed in strict compliance with li detailed plans and specifications approved by Manager. 23 24 10. TENANT'S ASSURANCE OF cONSTnCTION COMPLETION (i1D3. 1 N) 25 ' Prior to commencement of construction of approved facilities, or any phase thereof, 26 II within the Demised Premises by TENANT, TENANT shall furnish to LESSOR evidence of cov�- �t erage that assures LESSOR that sufficient monies will be available to complete the pro;osed construction. The amount of coverage shall be at least the total estimated 27i construction cost. Such coverage may take one of the following forms; i 28 5A:1 p ' 42-28-3 5--13-82 -3- I� i I A. Completion bond issued to LESSOR as obligee. I 2 ' B. Performance bond and labor and material bond or performance bond containing the provisions of the labor and miaterial bond, supplied by TENANT'S contractor or con- 3 tractors, providers said bonds are issued jointly to TENANT and LESSOR as obligees. E 4 f C. Irrevocable letter of credit issued to LESSOR from a financial institution to be in effect until LESSOR acknowledges satisfactory completion of construction. 5i 0 [ D. Any combination of the above. E. Any alternate form of assurance as may be approved by Manager. 7 �iAll bonds and letters of credit mUst be issued by a company qualified to do business in $ i` the State of California and acceptable to LESSOR. All bonds and letters of credit shall be in a form acceptable to LESSOR and shall insure faithful and full observance and . performance by TENANT of all terns, conditions, covenants, and agreements relating to [ the construction of improvements within the Demised Premises. 10 3 I 11 Ii. MECHANICS LIENS (M04. 1 S) � 12TENANT shall at all times indemnify and save LESSOR harmless from all claims for labor }or material, in connection with construction, repair, alteration, or installation of 13 structures, improvements, equipment , or facilities within the Demised Premises, and from the cost of defending against such claims , including attorney fees. 14 j In the event a lien is imposed upon the Demised Premises as a result of such construe- 15 `Ition, repair, alteration, or installation, TENANT shall either: 16 ! 1 . Record a valid Release of Lien, or { a, 17 �€ 2. Deposit sufficient cash with LESSOR to cover the amount of the claim on the i lien in question and authorize payment to the extent of said deposit to any subse- � 18 � quent judgment holder that may arise as a matter of public record from litigation j with regard to lienholder claim, or 19 , I !j 3. Procure and record a bond in accordance with Section 3143 of the Civil Code, 20 �� which frees the Demised Premises from the claim of the lien .arid from any action 2l. brought to foreclose the lien. �I , Should TENANT fail to accomplish one of the three optional actions within 15 days after j 22 ` the filing of such a lien, the Lease shall be in default and shall be subject to imme- ,tdiate termination. 23 ii 24 1' 12. "AS*,BUILT" FLANS AND CONSTRUCTION COSTS (MO5. 1 N) 2 ' Within 60 days following completion of any substantial improvement within the Demised Premises, TENANT shall furnish LESSOR a complete set of reproducitiles and two sets of 26 prints of "As-Built" plans. In addition; TENANT shall furnish LESSOR an itemized state- 27I1ment of the actual construction cost of such improvement. TENANT must obtain Manager's ;; approval of "As-Built" plans. 28 11 FA;lp II 42284 it 1 13. UTILITIES (MEI .I S) 3 2 TENANT shall be responsible for and pay, prior .to the delinquency date, all charges for 3utilities supplied to the Demised Premises. 3 4 114. MAINTENANCE OBLIGATIONS OF TENANT (ME2.2 S) 51 TENANT agrees to maintain the Demised Premises and all improvements constructed thereon , in good order and repair, and to keep said premises in a neat, clean, orderly, safe, and 6 � sanitary condition. This includes, but is not limited to, the prevention of accumula- tion of any refuse or waste materials which might constitute a fire hazard or a public for private nuisance. Failure of TENANT to properly maintain and repair the Demised ! Premises shall constitute a breach of the terms of this Lease. 8 9 15. DAMAGE TO OR [DESTRUCTION OF IMPROVEMENTS (ME4. 1 N) 141n the event of damage to or destruction of buildings, facilities , or improvements 11 ! located within the Demised Premises or in the event buildings, facilities, or improve- ments located within the Dernised Premises are declared unsafe or unfit for use or ' occupancy by a public entity with the authority to make and enforce such declaration, 12 ' TE�dANT shall , within 30 days , commence and diligently pursue to completion the repair, replacerent, or reconstruction of improvements necessary to permit full use and occupancy 13 of the Devised Premises for the purposes required by this Lease. Repair, replacement , or reconstruction of improvements within the Demised Premises shall be accomplished in 14 �' a runner and according to plans approved by Manager. 15 16 16. INSURANCE (ME5. 1 S) 17 TENANT shall maintain insurance acceptable to LESSOR in full force and effect throughout the tern of this Lease. The policy or policies of insurance maintained by TENANT shall 18 , provide the following limits and coverages. I' A. Liability Insurance 19E 20 � Coverage Minimum Limits Comprehensive General Liability $1 ,000,000 Combined Single Limit 21 !' B. Fire and Extended Coverage: TENANTwall insure all buildings, facilities and 22i iErtprovements to at least 90% of their replacement 23 ' cost, using a standard form fire insurance policy containing the "extended coverage" endorsement. 24 �;' Insurance shall be in force the first day of the term of this Lease. 2 Each liability insurance policy required by this Lease shall contain the following 26 ; ` three clauses: 27 I 28 � FA:I 42-29- 5 �f A. "This insurance shall not be cancelled, limited in scope of coverage or non- I renewed until after 30 days' written notice has been given to the County of Orange, General Services Agency/Real Estate Division, P. 0. Sox 4306, Santa 2 Ana, California 92702. " 3 B. "Lessor and County of Orange (if LESSOR is other than the County of Orange) are added as additional insureds as respects operations of the named insured 4 at or from premises leased from the LESSOR. " 5 C. "It is agreed that an insurance maintained b the Count of Orange will apply 9 Y Y Y in excess of, and not contribute with, insurance provided by this policy. " 6 , 11 Each property insurance policy required by this Lease shall contain clause A above and 7 !j the following two clauses : 8 3 D. "All rights of subrogation are hereby waived against the County of Orange and j the members of the Board of Supervisors and elective or appointive officers or 9 employees , when acting within the scope of their employment or appointment, and County Districts and their Board and Commissions which are governed by 10 I the County Board of Supervisors. " 1.1 E. "Lessor is named as loss payee on the property insurance policy required by this Lease." 12 TENANT agrees to deposit with LESSOR, at or before the effective date of this Lease, 131. certificates of insurance necessary to satisfy LESSOR that the insurance provisions of 14 � this Lease have been complied with, and to keep such insurance in effect and the certificates therefor on deposit with LESSOR during the entire term of this Lease. 153 LESSOR shall retain the richt at any time to review the coverage, form, and amount I of the insurance required hereby. If, in the opinion of LESSOR 'S Risk Manager!Ient , the 16 11: insurance provisions in this Lease do not provide adequate protection for LESSOR and for I members of the public using the Demised premises, LESSOR 'S General Services Agency/Real 17 Estate Division may require TENANT to obtain insurance sufficient in coverage, form, and amount to provide adequate protection. LESSOR 'S requirements shall be reasonable 18but shalt be designed to assure protection from and against the kind and extent of the risks which exist at the time a change in insurance is required. 19 I 20 �I, LESSOR'S General Services Agency/Real Estate Division shall notify TENANT in writing , of changes in the insurance requirements; and if TENANT does not deposit copies of 1I acceptable insurance policies with LESSOR incorporating such changes within sixty days 1 of receipt of such notice, this Lease shall be in default without further notice to TENANT, and LESSOR shall be entitled to all legal remedies. 22 I The procuring of such required policy or policies of insurance shall not be construed to 231 limit TENANT'S liability hereunder nor to fulfill the idemnification provisions and requirements of this Lease. 24 i 17. ASSIGNING, SUBLETTING, AND ENCUMBERING PROHIBITED (ME7.3 N) 25 Any nor-gage, pledge, hypothecation, encumbrance, transfer, sublease, or assignment 20 (hereinafter in this clause referred to collectively as "Encumbrance" ) of TENANT'S interest in the Demised Premises, or any part or portion thereof is prohibited. Any 27 attempted Encumbrance shall be null and void and shall confer no right, title, or 28 � interest in or to this Lease. . E A:l p I 42-CFI-6 i i i 118. NOTICES (MF8. 1 S) 2 ?lAll 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 , 4 TO: LESSOR TO: TENANT 5 County of Orange City Manager GSA/Real Estate Division City of San duan Capistrano 6 P. 0, fox 4106 32400 Paseo Adelanto Santa Ana, California 92702-4106 San duan Capistrano, CA 92675 7 119. ATTACHMENTS TO LEASE (MF9. 1 S) This Lease includes the following, which are attached hereto and rude a part hereof: 10 GENERAL CONDITIONS 11EXHIBITS: 1.2 A - LEASE DESCRIPTION 13 B - PLOT PLAN 14 � �E 15 16l 17 is 19 20 21 i 22 II 23 1 24 E E 25 26 2`Z FA:1p k 42-28-7 E�€ E E (i E 1 [ IN WITNESS WHEREOF, the parties have executed this agreement the day and year first j above written, 2 TENANT 3 CITY OF AN JUAN CAPISTRANO 4 WREN C E CIIHLLIm, MAYOR 6 � 7 1� RY AN' xiAN{a asrt, CITYCLrRK 9 APPROVED AS TO FORA; 10 j APPROVED AS TO FORM: _ 11 County Counsel 3 � S S. OKAZA < , 1.2 i By � �r • li�J - CITY ATTORNEY 13 3 14 RECOMMENDED FOR APPROVAL: 15 General Services Agency Facilities & Real Property 16 ' Real Estate Div' inn 17 By 18 ° ��- Real roper y A en 20� t E 19 d a y 21 221 2311 J SIGNED AND CERTIFIED THAT A COPY OF LESSOR 24 '1 THIS DOCUMENT HAS BEEN DELIVERED TO 2 � CHAIRMAN HE BDARDm COUNT OF ORANGE 26 By NE ALEXANDER C airman, oar o Supervisors Clerk of the Board of Supervisors of 2 Orange County, California 23 F A:l p ai ne I � I. GENERAL CONDITIONS (MGI-24 N) ' ' t, 2 ! i; 1. DEFINITION OF "LESSOR" (MG1 N) The term "LESSOR" shall mean the Board of Supervisors of the County of Orange or its 4 authorized representative. 5 2. TIME (MG2 S) 6 'Jime is of the essence of this Lease. 3 3 7 3. SIGNS (MG3 S) ! 8 ; TEf�ANT agrees not to construct, maintain, or allow any sign upon the Demised Premises except as approved by LESSOR. Unapproved signs, banners, flags, etc. , may be reproved 9 , by LESSOR without prior notice to TENANT. 10 4. PERMITS AND LICENSES (MG4 S) 1111TENANT shall be required to obtain any and all approvals, permits and/or licenses which � may be required in connection with the operation of the Demised Premises as set out 12 rj herein. [I 13 i� 5. LEASE ORGANIZATION (MG6 S) 4 I 14 !k The various headings and numbers herein, the grouping of provisions of this Lease into , separate clauses and paragraphs, and the organization hereof, are for the purpose of 15convenience only and shall not be considered otherwise. 10 I� 6. AMENDMENTS (MG7 S) 17 � This Lease sets forth all of the agreements and understandings of the parties with ( regard to its subject natter and any modification must be written and properly executed 18 by both parties. i 19 7. UNLAWFUL USE (MG8 S) � 20i TENANT agrees no improvements shall be erected, placed upon, operated, nor maintained within the Demised Premises, nor any business conducted or carried on therein or there- 21 from, in violation of the terms of this Lease, or of any regulation, order of law, statute, bylaw, or ordinance of a governmental agency having jurisdiction. 22 E 8. NONDISCRIfiINATION (MG9 S) 23 TENANT agrees not to discriminate against any person or class of persons by reason of 24Isex, race, color, creed, or national origin. TENANT shall make its accommodations and 25111services available to the public on fair and reasonable terms. !' ! 9. INSPECTION (MG10 S) 26 ( LESSOR or its authorized representative shall have the right at all reasonable times to 27 ; inspect the Demised Premises to determine if the provisions of this Lease are being com- 28 pl i ed with, FA. lp 1 42-29-1 I 1. 10. INDEMNIFICATION (MG11 N) { 2 �1TENANT agrees to accept the Demised Premises in an "as-is" condition and shall defend , indemnify, and save harmless LESSOR, its officers, agents, and employees, from and 3 against any and all claims, demands, loss, legal and investigation expenses , or liability of any kind or nature which LESSOR, its officers, agents, and employees may sustain or 41 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 51 this Lease or with occupancy and use of the Demised Premises by TENANT, its officers, agents , employees, licensees, patrons, or visitors, except liability arising out of 6 Ethe sole negligence of LESSOR. 7 11. TAXES AND ASSESSMENTS (MG12 N) 3 Though not anticipated , this lease may create a possessory interest which is subject to the payment of taxes levied on such interest. It is understood and agreed that all 9 taxes and assessments (inc.ludinq but not limited to said possessory interest tax) �,hich kbecome due and payable upon the Demised Premises or upon fixtures, equipment, or other 10 € property installed or constructed thereon , shall be the full responsibility of TENANT, 'land TENANT shall cause said taxes and assessments to be paid promptly. 1.1 � j'� 12. SUCCESSORS IN INTEREST (MG13 S) 1.2 ! Unless otherwise provided in this Lease, the terms, covenants, and conditions contained 3 ; herein shall apply to and bind the heirs, successors, executors, administrators, and assigns of all the parties hereto; all of whom shall be jointly and severally liable 14 I hereunder. ` CIRCUMSTANCES WHICH EXCUSE PERFORMANCE MG14 N) 13. CIRCI hiSTA ( ! k 10 � If either party hereto shall be delayed or prevented from the performance of any act Erequired hereunder by reason of acts of God, restrictive governmental laws or regula- 17 tions, or other cause without fault and beyond the control of the party obligated 11 (financial inability excepted), performance of such act shall be excused for the period 18j; of the delay and the period for theerformance of any such act shall be extended for a j p I '` period equivalent to the period of such delay. 19 ; I 14. PARTIAL HVALIDITY (MG15 S) 20 � If any term, covenant, condition, or provision of this Lease is held by a court of com- 1I 2 Ilpetent jurisdiction to be invalid, void, or unenforceable, the remainder of the provi- sions hereof shall remain in full force and effect and shall in no way be affected, 22 impaired, or invalidated thereby. 23 � 15. WAIVER OF RIGHTS (MG16 S) 24 The failure of LESSOR or TENANT to insist upon strict performance of any of the teras, i kcovenants, or conditions of this Lease shall not be deemed a waiver of any right or 25 j re�redy that LESSOR or TENANT may have, and shall not be deemed a waiver of the right to require strict performance of all the terms, covenants, and conditions of the Lease 26 ( thereafter, nor a waiver of any remedy for the subsequent breach or default of any term, I 2711covenant, or condition of the Lease. 28 ° FA:lp 42-29-2 5-14-82 -2- E �3 I 1 ' 16. DEFAULT IN TERMS OF THE LEASE BY TENANT (MIG17 N) i 211 Should TENANT default in the performance of any covenant, condition , or agreement con- tained in this Lease and such default is not corrected within a reasonable time (as 3 determined by LESSOR) after TENANT receives written notice of default from LESSOR, LES- SOR may terminate this Lease. All rights of TENANT shall end at the time of such 4 ' termination. 5 � 5 17. COSTS OF SUSTAINING AN ACTION FOR BREACH OR DEFAULT (MG18 N) In the event suit is brought to enforce or interpret any part of this Agreement, the pre- 7availing party shall be entitled to recover as an element of its costs of suit, and not as damages, a reasonable attorneys fee to be fixed by the court. The "prevailing party" 8 shall be the party who is entitled to recover its costs of suit, whether or not the suit iproceeds to final judgment. A party not entitled to recover its costs shall not recover 9 I attorneys fees. 1.0 1, ii 18. RESERVATION S TO LESSOR (MG19 N) The Demised Premises are accepted as is and where is by TENANT subject to any and all 1.2 I? existing easements and encur,brances. LESSOR reserves the right to install , lay, con- istruct, maintain, repair, and operate such sanitary sevaers , drains , storm eater sewers, 13 pipelines, manhioles , and connections ; water, oil , and gas pipelines; telephone and telegraph power lines ; and the appliances and appurtenances necessary or convenient in 1.4 connection therewith, in, over, upon, through, across , and along the Demised Premises 1 or any part thereof, and to enter the Demised Premises for any and all such purposes. 15! LESSOR also reserves the right to grant franchises, easements , rights of way, and per- mits in, over, upon, through, across, and along any and all portions of the Demised 16H Premises. Ado right reserved by LESSOR in this clause shall be so exercised as to 1'T interfere unreasonably with TENANT'S operations hereunder. LESSOR agrees that rights granted to third parties by reason of this clause shall con- 18tain provisions that the surface of the land shall be restored as nearly as practicable Tito its original condition upon the completion of any construction. 19 'I 20 I 19. HOLDING OVER (tiG20 S) 21 1In the event TENANT shall continue its possession of the Demised Premises after the term ,hf this Lease, such possession shall not be considered a renewal of this Lease but a o 22 [E tenancy from Month to month and shall be governed by the conditions and covenants con- twined in this Lease. 23 24ii 20. CONDITION OF DEMISED PREMISES UPON TERMINATION (MG21 S) 2511 Except as otherwise agreed to herein, upon termination of this Lease, TENANT shall rede- i' liver possession of said Demised Premises to LESSOR in substantially the sane condition 2 ! that existed .immediately prior to TENANT'S entry thereon, reasonable wear and tear, 27 flood, earthquakes, war, and any act of war, excepted. 28 FA:1p 42-29-3 11 r,_1 4_R9 r3o ., I� 1 €� 21. DISPOSITION OF ABANDONED PERSONAL PROPERTY (MG22 S) 2 jIf TENANT abandons the Demised Premises or is dispossessed thereof by process of law or Premises title to any personal property belonging to TENANT and left on the Demised 33 Premises 45 days after such abandonment or dispossession shall be deemed to have been transferred to LESSOR. LESSOR shall have the right to remove and to dispose of such 4i: property without liability therefor to TENANT or to any person claiming under TENANT, Viand shall have no need to account therefor. 5 � 6 ! 22. QUITCLAIM OF TENANT'S INTEREST UPON TERMINATION (MG23 S) 7 iUpon termination of this Lease for any reason , including but not limited to termination ibecause of default by TENANT, TENANT shall execute, acknowledge, and deliver to LESSOR, � lwithin 30 days after receipt of written demand therefor, a good and sufficient deed 9 �, whereby all right, title, and interest of TENANT in the Devised Premises is quitclaimed Ito LESSOR. Should TENANT fail or refuse to deliver the required deed to LESSOR, LESSOR may prepare and record a notice reciting the failure of TENANT to execute, acknowledge, ZO and deliver such deed and said notice shall be conclusive evidence of the termination ! of this Lease and of all right of TENANT or those claiming under TENANT in and to the 11 Demised Premises. 12 13 23. LESSOR 'S RIGHT TO RE-ENTER (MG24 S) I` TENANT agrees to yield and peaceably deliver possession of the Demised Premises to 14 ' LESSOR on the date of termination of this Lease, whatsoever the reason for such termi- nation. 15 ;� Upon giving written notice of termination to TENANT, LESSOR shall have tine right to re- 16 enter and take possession of the Demised Premises on the date such termination becomes , effective without further notice of any kind and without institution of summary or regu- 17i` lar legal proceedings. Termination of the Lease and re-entry of the Demised Premises by LESSOR shall in no way alter or diminish any obligation of TENANT under the lease 11Sterms and shall not constitute an acceptance or surrender. 1.9 I1 TENANT waives any and all right of redemption under any existing or future law or statute in the event of eviction from or dispossession of the Demised Premises for any 201 in or in the event LESSOR re-enters and takes possession of .the Demised Premises its I a lawful manner. 21 , 22 TENANT agrees that should the manner or method employed by LESSOR in re-entering or taking possession of the Demised Premises give TENANT a cause of action for damages or in forcible entry and detainer, the total amount of damages to which TENANT shall be 23 ' entitled in any such action shall be One Dollar. TENANT agrees that this clause may be filed in any such action and that when filed, it shall be a stipulation of TENANT 24 fixing the total damages to which TENANT is entitled in such an action. 25 c�/� i 26 iI 27 1 28 � F'A:l p i 42-29-4 LEASE DESCRIPTION PROJECT NO: PM 801 DATE: 5-3-82 PROW CT: San Juan Capistrano Fire Station WRITTEN BY: RFD / PARCEL NO: 4 CHECKED BY: CR C�l� B.R. NO: -- APPROVED BY: FLH PARCEL PM 801-4 All the demised premises shown crosshatched on a plot plan marked Exhibit "3 , " attached hereto and made a part hereof, being that certain property at 31411 La Mantanza , in the City of San Juan Capistrano, County of Grange, State of California, and located on lots 9, 10, 11 , 12, 13, and 14 in Block Six (6) of Tract No. 808, "Mission Hill Tract," as per map recorded in Book 24, page 23 of Miscellaneous Maps, records of said Orange County. NOT TO BE RECORDED AEES2-35 RD:mgj 5,3-82 EXHIBIT g � rW, �.� hb N • 6 � a 0 , � EJ, g 1,.i M..�w:"'�i�'"` » 0 a z '::: :.:'3 e"3-'Y ' .0 tT.4 V—, :E$c.m.,"'�"...-'T.�::a,.W.: " +w�^- S ,. ni ., 1 4J 1-4 1Z14A17,--f1VX4 Approved: �! a.� � � �n l. L �,o7- ��% �' � Architect � Engineer Division �3. � DIRECTOR OF RECREATION 1. LEASE FOR RECREATIONAL USE OLD FIRE STATION SITE (38) Written Communications : Report dated May 18 , 1982 , from the Director of Recreation forwarding a Lease between the City and the County of Orange for use of the old Fire Station site on La Matanza Avenue . The proposed 10-year lease allows City use of the site, rent--free, to provide recreational activities for senior. citizens and the general public. The City would be responsible for the necessary renovation of the facility, estimated at $151, 000 and annual maintenance estimated at $15, 000. Approval of Lease: It was moved by Councilman Schwartze, seconded by Councilman . Hausdorfer and unanimously carried to approve the Lease; to authorize staff to prepare plans and specifications for the project and schedule phasing of improvements ; to direct the City Manager to include in the . 1982--.83 budget, Park in--lieu fees, $151, 0"00 for renovation and improvements and $15 , 000 for maintenance of the -facility; and to authorize the Mayor and City Clerk to execute the document on behalf of the City. A dedication ceremony is planned for the new facilities on June 3, 1982, at 2 : 00 p.m. , with County Supervisor Thomas Riley present to participate. zts C:)U r%J-r"It ®F MAL N 4:11 a R. A. SCOTT C> DIRECTOR �3 GENERAL SERVICES AGENCY GRWM H. CORMACK DIRECTOR fFACILITIES & REAL PROPERTY REAL ESTATE DIVISION V JOHN R.Si-FADDY, MANAGER f4l $AN 'r, 811 NORTH BROADWAY P.O. BOX 4106 SANTA ANA,CA 92702-4106 (714)834-2550 G-7800 June 15, 1982 PM 801-4 Old San Juan Capistrano Fire Station Mary Ann Hanover, CMC City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attached is a fully signed duplicate of the Lease covering the old fire station on La Matanza Street. Please forward quarterly reports and construction documents to this office as required by the Lease. I will be looking forward to working with the City on this very worthwhile project. Please call me if you have any questions. Frank Arel lanes Property Management Section FA:jhf Enclosure cc: Tom Baker, Recreation Director, City of San Juan Capistrano elft lw 5� All-42-1 1 2 3 RESOLUTION OF THE BOARD OF SUPERVISORS OF' 4 ORANGE COUNTY, CALIFORNIA 5 June 2, 1982 6 On motion of Supervisor Riley duly seconded and 7 carried, the fallowing Resolution was adopted: $ WHERIEAS, .by Resolution No. 82-775, dated May 18 , 1982 , this Board, 9 pursuant to Government Code Section 25365 , declared its intention to 1.0 Lease that certain real `property described on County records as Parcel 11 PM 801-4 and located. at. 31411 La Mantanza, San Juan Capistrano, to the. 12 City of San Juan Capistrano for ten years, commencing June 2 , 1982, on 13 a .rent-free basis; and 14 WHEREAS, said Resolution directed the Clerk of this Board to J } wti 15 cause notice of intention of the Board of Supervisors to make said .ease 0 aU Z La 16 to be published one (1) time in the Saddleback Valley News , a newspaper Zq 0 0 17 of general circulation, at least one (1) week prior -to the day of the 18 hearing to consider said lease, as required by Government Code Sections 19 25365 and 6061; and 20 WHEREAS , said Resolution and notice of intention fixed June 2 ,. 1982 , 21,. at 9 : 30 o 'clock A.M. , in the Board of Supervisors Hearing Room, County . 22 Hall of Administration, 10 Civic Center Plaza, Santa Ana, California, 23 as the time and place when. this Board would meet to consider said 24 lease; and 25 WHEREAS , the Clerk of this Board has given the notice of the N 26 Board ' s intended action as required by law; 27 ® 2$ / Resolution No. 82...857 Lease-Old San JGan -'apj_strano Fire Station" to City W-mah I NOW, THEREFORE, BE IT RESOLVED that the Lease concerning the real ' 2 property described on County records as Parcel PM 801-4 , commonly known 3 as the Old San Juan Capistrano Fire. Station, and located at 31.4:1.1 La 4 Mantanza, San Juan Capistrano, to the City of San Juan Capistrano for 5 ten years, commencing June 2, 1982 , on a rent--free basis., is approved. 6 BE IT FURTHER RESOLVED that this Board, pursuant to Government Code. 7 Section 25365, hereby finds that the leasehold interest conveyed' to the g �I City of San Juan Capistrano ,is not required r for County use. 91 BE IT FURTHER 12Es.bLVVED- that this Board hereby finds that the uses 10 ) to be made of the real property which is the subject of the Lease by 11 the City of San Juan Capistrano are for. public purposes which will be s 12of general benefit to all citizens of Orange County. 13 BE IT FURTHER RESOLVED that the Clerk of this Board is authorized 14 � and directed to execute the Lease on behalf of the Board of Supervisors . , , ZD 15 D Q V U , - u 16 ZZ oa 17 U0 18 AYES: SUPERVISORS THOMAS F . RTLEY; ROGER R. STANTON, HARRIETT M. W ERE R,, RALPH B. CLARK AND BRUCE NESTANDE 19 NOES: SUPERVISORS NONE 24 ABSENT: SUPERVISORS NONE 21 'STATE OF CALIFORNIA ) 22 } ss. 23 COUNTY OF ORANGE I, JUNE ALEXANDER, Clerk of the Board of Supervisors of Orange County, California, 24 hereby certify that the above: and foregoing Resolution was duly- and...regularly adopted by the said Board at a regular meeting thereof held on the 2ndday`}°c?f3 Jj.up' e , 24 19 82 and passed b a unani-mous vote of said Boar va p yte. °"• `'•• `' 26 IN WITNESS WHEREOF, I have hereunto set my hand. and 'seal this 2nd '.� day of June 19 82 j h 27 n 2 0 J ': JUNE L XA�# E Clerkref," Ile Board. of Super=vYvzors of Orang ��,Gounty, Ca1-i fb�hia t3Z400 PASEO A0EwLANTO SAN JUAN GAPISTRANO.CALIFORNIA 42675 ["HONE 493-117.1 June 2, 1982 County of orange General Services Agency/ Real Estate Division P.O. Box 4105 Santa Ana, California 92702 Re . Lease - The Old Fire Station 31.411 La Matanza , .San Juan Capistrano , California Gentlemen: As required by your lease section 16 , enclosed is a Certificate. of.,. Insurance, — Please be advised that the City ' s liability insurance policy as required by this lease shall not be cancelled , limited in scope of coverage or non-renewed without a thirty days written notice given to the County of Orange . Further, the County of Orange is added as additionally insured as indicated on the attached Certificate of Insurance , Further , it is agreed by the City of San Juan Capistrano that any insurance maintained by the County of Orange will apply in excess of, and not contributed with insurance provided by this policy. If you have any questions or if we can be of further assistance , please contact my office . Sincerely, CITY OF SAN JUAN CAPISTRANO E. Phillip dile Assistant City Manager/ Director of Administrative Services EPH/Pj s Enclosure cc: Tom Baker , Recreation Department Stc he ,uli.art, City Manager n _EIS rr, City Clerk s � , � 3i ��S�...,,.�.,...a:sa.�,n..�.mar.�».w..'k,., �saa,.M `nx '��.�±ia.ts�,.i.,'� .,,..�,.z'.1,..�:.w��.��m.�..ee_..:��„s.. NAME AN€) A0D[t£::i5 U[ AG[.NC:Y COMPANIES AFFORDING COVERAGES DAN GORMAN INSUPANO P.O. BOX 3659 COTER4y ST. PAUL INSURANCE COYMI Y •' MISSION,q�1 IE8JO, OA 92690 LErr'ER k TEL 76V”` I81, COMPANY � LETTER13 AD LURAL INSURANCE COI'$PANY NAME AND ADDRESS OF fNSUREE7 COMPANY C OLD REPUBLIC INSURANCE COMPANY CITY OF SAN JUAN CAPISTRANO Le„eR 32400 Paseo Adelanto COMPANY LETTER San Juan Capistrano, California 92675 COMPANY �- LETTER This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time, Notwithstanding any requirement term or condition ' of any contract nr other docernent v,ith respect to which this certificate may be issued or may pertain,the insurance afforded by the policies described herein is subject to ail the terms,exclusions and conal tions of such policies,_ Limits of L[ahit'ity in Thousands{OOT)) OF PODGY t+It1MFJFi2 POLICY COMPANY T1 ER EACH TYPE Q, INSURANCE EXPIRATION PAYE AGGREGATE LETTER. 2CCi7RRENCE GENERAL LIABILITY BODILY INJURY $ B COMPREHENSIVE FORM CM1031 8/l/83 PRFMISES--OPFRATIONS PROPERTY DAMAGE $ $ EXPLOS€ON AND COLLAPSE HAZARD . ❑UNDERGROUND HAZARD I.... f ROOLICTS'COMPL ETED OPERATIONS 9-IAZRTRL7 BODILY INJURY AND X�CONTRACTUAL ENSURANCE PROPERTY DAMAGE $ g BROAD FORA PROPERTY - COMWNED 1,000,0f ,V0001 DAMAGE INDEPENDENT CONTRACY'ORS y PERSONAL INJURY PERSONAL INJURY AUTOMOBILE LIABILITY BODILY€ SON)(EACH PER5QN $ E 1 COMPREFIENS vE FORM BODILY INJURY $ ❑ OWNED (EACH ACCIDENT) PROPERTY DAMAGE $ ❑ tl€RED BODILY fNJURY AND ❑ NONOWNEDPROPERTY DAMAGE S . COMBINED - EXCESS LIABILITY !1 ^I p BODILY INJURY AND f'y (1 ;^. - C - UMBRELLA FORM - OMU4422 8/1/82 PROPERTY DAMAGE $ x000, $ .7,000, ❑ OTHER THAN UMBRELLA - COMBINED FORM WORKERS'COMPENSATION STATUTORY and EMPLOYERS'LIABILITY a EtAn IACC10fry OTHER A BLA= PROPERTY 161ZA4773 8/1/82 $761,438 ON BUILDIVGS AND CON=S E Fire ECE ,, V11,M, Special Form�� ;U? - IJE.'�:E;[41PnL?N Cif ClPLkASIONS✓L.l'CAf10N$,"d E.iiICLES Buildings located at "The Old Fire Station" at 31411. La Mantanza, San Juan Capistrano Attached clauses shah. apply; It is agreed that any insurance maintained by the Co of Orange ill--apply.-in--excess-of,-and.not--contribute-.with-i--insurance--prod.ded__by-these-po3 cies:.-__.._____ —1:. Cancellation: ShOLIld )nY of the -IbOvc described. policies be cancelled before the expiration date thereof, the issuin.� c;orn- pany wiif (�n .Il.il _— ci,ivs written notice to ttie below harned rertiflcate holier, bl �: NAM[ A00RE$S OF CERA HCATf:HOLDER'.. & Additional Insured � .} p2 . HATE ISSUED: ,4 CO7___ rCOUN1`Y OF" ORANGE GENERAL SERVICTS AGCNCY/RFAL ESTATE DIVISION E 1 � PO Box 4106 Santa Ana, Ca 92702 � T" f' I_I7 {crrESENrnrlvr E ros ,o. .::..�.,.rt -...-.e �*t .' ..,.. , a,c5:� rn ,n,•.,�,w _,..x-,-�:- �.� .�,. .,�_.�:, �:.n,.., �; ��.� ..-...;. i S.F. FORM FORM 199-EZ (Nov. 1957) ® ENDORSEMENT DATED ATTAGNEO TO POLICY NO. NAME OF INSURANCE COMPANY 6/2/82 A3 D FORMING PART tlP 161ZA4773 St Paul Insurance Company yy ;$SUED TO S .�� [� -r ([NSURED'S NAME& City of San Juan Capistrano MAILSNG AOORE:Ss) � AGENCY AT SIGNED Mission Viejo _ AGENT COMMENCEMENT OF POLICY EXPIRATION OF POLICY EFFECTIVE DATE OF TI'I15;EN.ORSEM ENT 8/1/81 8/1/82 6/2/82 AMOUNT OF INSURANCE PERILS f ULD RATE NEW RATE ADDITIONAL PREMIUM RETURN PREMIUM F11% 3 3 ECF d IT IS HEREBY UNDERSTOOD AND AGREED THAT THE �,o��ofi�{�'' .1Q OR ¢a �Q Civ C� Q�x, .1Cro c CC 0� e ,C GC �ti� ticti �v0 T 4 Q qado Uo n Oo a IS CORRECTED OR CHANGED TO READ AS FOLLOWS All rights of subrogation are hereby waived against the County of Orange and the nr-aibers of the Board of Supervisors and elective or appointive officers or employees, when acting within the scope of their erlployn-Lent or appointment, and County Districts and their Board and ComnLissions which are governed by the County Board of Supervisors. Lessor is named as loss payee on the property insurance policy as required by this lease. *Consent by........................................... i................................................... nsured 'Consent by................................. ............................................................ Mortgagee or Payee *Not required unless policy is reduced or restricted by this endorsement. 32"0 t°fi;SM ?aDELANTO SAN JtJ,�af� �".lxPi�=i'CfitdiF�dC) C.fa�C..1:F'L�Fdi0FI W75 May 19 , 1382 Frank Arellanes Real Property Agent 811 North Broadway P.O. Box 4106 Santa. Ana , California 92702 Re : Wase for Recrea:tional Use - old Fire Station Dean Mr. Arel.lanes : Enclosed are the original and tWo copies :of. the.. Agreement between the City of San Juan Capistrano and they County of Orange to convert the Old Fire Station to be used for community--wide recreational facilities, as approved by the City Council at their meeting of May 18 , 1982 . Upon approval by the Board of Supervisors, please return one. fully--executed copy of the Agreement to this office . Thank you for your cooperation. Very truly yours , MARY ANNA'- 3ANCVER, CNBC City Clerk MA£1/na Enclosures cc : Director of Recreation (with enclosures) AGENDA ITEM May 18, 1982 TO: Stephen B. Julian, City Manager FROM: Thomas L. Baker, Director of Recreation SUBJECT: Lease for Recreational Use - Old Fire Station S TTUATTON: Approximately l2 years ago the City approached the County of Orange with a proposal to lease the Old Fire Station buildings site located on La Matanza and El Horno. The City's intention is to use these facilities for senior citizens and other community-wide recreational. activities. Attached is a ten year lease which defines the responsibilities of both the City and the County in this matter. The County is providing to the City the use of approximately 7,400 square feet of building space on a rent-free basis to provide recreational activities to senior citizens and the general public. Basically, the City is to provide recreational programs for senior citizens and others ,that are community--wide and are open to all residents of Orange County. Since our policy in the past has not limited the programs to residents of San Juan Capistrano only, this is not a foreseeable problem. In consideration for the rent-free lease, the City is responsible for renovation of the facilities to bring them up to code to be usable for the public. Staff has estimated that the cost will be approximately $151.,000 to do this job. The City will also be responsible for the maintenance of the interior and the exterior of the facility. Appendix A will describe in detail what the building modifications are. We have also Appendix B with a proposed program which will be used at the Fire Station site. The addition of these facilities will expand not only our Senior Citizens activities, but many other recreational. programs. Tt is proposed that the Recreation. Department staff move into the facility now presently called "Residents Home". Having the staff at the site will aid in the overall administration for the programs located at this site and the rest of the community. The Recreation Staff still plans to be using the Hot Springs Dance Fall for many of it's recreation programs and activities. A dedication ceremony is planned for the new recreation facilities on June 3, 1982, at 2:00 p.m. County Supervisor Thomas Riley will be present to participate in these ceremonies. The Parks and Recreation Commission has studied this matter for the past V- years and fully supports the project. This will be one of the top priority, items in their recommendations for the Five-Year Budget. The Commission is also presently researching possible names to be used for the various buildings located at this site. +4({`M h'�"�`lO Page 2. Agenda Item FINANCIAL CONSIDERATIONS: The estimated cost to cover the conversion of the Old Countv Fire Station into recreational facility use is approximately $151,000 and will be conducted in phases. The annual maintenace cost is approximately $15,000. Funds for this project will be recommended for the budget during .the 1982-83 fiscal year. ALTERNATE ACTIONS: 1. Approve the ten year, rent-free lease between the City and the County of Orange to convert the Old Fire Station located at La Matanza and El Horno to be used for community-wide recreational facilities. 2. Approve $151,000 from the 1982-83 Park. and Lieu Fee Fund Budget to be used for the conversion of the Old Tire Station buildings for recreational purposes along with $15,000 far -maintenance of these facilities. 3. Give staff further direction. 4. Do not approve the lease. RECOMMENDATION: By motion, approve the ten year, rent-free lease between the City and the County of. Orange to convert the Old Fire Station located at La Matanza and El Forno to be used for community-wide recreational facilities; authorize staff to prepare plans and specifications for the project and schedule phasing of improvements; and direct the City "Manager to include appropriate funding in the 1982-83 budget for renovation and improvemon.ts. Respectfully, r homas L. Baker TLB:pkw Attachments M.EMORANI)UM May 3, 1982 TO: Thomas L. Baker, Director of Recreation FROM: N. S. Cochran, Building & Safety Supervisor SUBJECT: Conversion of Old County Fire Station into Recreation Center We have performed a limited feasibility study for converting the old fare station, warehouse, and residence into a recreation center for your department. Per your memorandum dated April 29, we have assessed the building's capabilities of being occupied for your intended uses. The development program for this project can be broken into two phases . The first phase contains all work necessary to safely occupy the building and bring the buildings into compliance with building codes. The second phase entails making desirable modifications to make the facility attractive and a pleasant place to use. The following will describe each building, the suggested modifications and rough cost estimates. Enclosed are floor plans for each building. RESIDENCE BUTLDING This is a single story wood frame structure on a raised foundation, built around 1940. The building is approximately 900 square feet containing two bedrooms, a Living room, bathroom, and kitchen (there is some termite damage) . Major repair items included re--wiring, constructing the bathroom to handicapped standards and replacing the floor furnace with forced air heating and air conditioning. The following will summarize the estimated costs of the improvements for stages #1 and #2: First Stage Item Estimated Cost Termite damage $1 ,000 Re--wire and install light fixtures 2,500 Reconstruct bath to handicap standards .3,500 Handicap ramp 300 Replace floor furnace with FAU/AC 4,000 New locks and door repairs 500 Replace water heater 200 Phone installation 500 Handicap ramp 300 Subw-total. $12,800 Second Stage Remodel kitchen into office $1,500 Paint and patch, --inside and out 2,000 1 New carpets and hardfloors 1,500 Add hearth to fireplace 400 Install screens 300 Miscellaneous work 2,500 Sub-total $ 8,200 APPENDIX A MF�IOP,ANDUM T. L. Baker, Dir. of Recreation May 3, 1982 Page 2 RECREATION BUILDING This is a single story concrete slab-on-grade adobe structure with 18" thick walls. It is approximately 2,400 square feet. The wood roof is supported by reinforced concrete columns tied together by a reinforced concrete top plate. There are no apparent visual structural. defects in this building and from its construction, it would appear to he resistant to earthquakes. The building was constructed in 1940 by the W.P.A. and should be reviewed by the City Council as being of historical_ and/or cultural significance, The The building was originally built as a warehouse and its intended new use is an assembly area. No structural. changes will be required for this change of occupancy, however, various minor changes will be required. The major cost item in remodeling includes enclosing the forced air heater and the addition of ducting and heating registers to distribute the heat throughout the building. If the structure is determined to be of historical or architectural significance, no ceiling insulation will be required. The following will summarize the cost items for phases #1 and #2. A major cost item not included here is the construction of lavatory facilities necessary for the increased occupancy. These costs are included in the community house building summary. First Phase Item Estimated Cost Assume building has historic value, therefore no ceiling insulation will be required. Exit- signs and lights on separate circuits $ 1,200 Panic hardware - one bar on side door 300 New door locks 200 Lights - six florescent 700 Check out heater, repair and move thermostat 900 Construct mechanical enclosure. - provide combustion air supply through roof 2,500 Add four heat registers 2,000 Add miscellaneous electrical outlets 600 Miscellaneous work. 3,000 Termite repair _1,000 Sub-total $12,400 Second Phase Paint and patch $ 4,000 Repair stogie 500 Install refrigerator and garbage disposal 2,000 Tn'stall water heater 200 Install screens 800 New sink fixtures 200 Garbage disposal 1.50 sub-total $ 8,350 ?Wage 2, MEMORANDUM T. L. Baker, Dir. of Recreation May 3, 1982 Page 3 CO',MUNITY BUTLDT.NG The fie house building is a concrete slab-on-grade single story wood grade structure. It is approximately 5,500 square feet built in the late 1960's. Its intended use will., necessitate major restroom renovations since the building includes no women's restroom facilities. A preliminary cost estimate to remodel the locker room and washroom into a women's re8troom is approximately $25,000. The men's restroom modifications will require an estimated $3,000. These restrooms will be accessible from the outside and be accessible from this building and the recreation building. First Stage Item Estimated Cost Restrooms - serves Community Building and Recreation lull Remodel locker room and washroom into a women's restroom (six toilets, four sinks, includes one handicap stall) $25,000 Remodel men's restroom - remodel existing stall into handicap, move sinks, change access 3,000 Construct access corridor from dining room to porch 1,000 Kitchen -- clear: and check stove and garbage disposal, new refrigerator and dishwasher 3,000 Mechanical - clean, check and repair 800 Craft room - add lights and outlets 1,500 Office - phone Installation 100 Remove closets 100 Miscellaneous work 4,000 Handicap ramps (two) 600 Tei-mite repair 500 Sub -total $39,900 Second Stade Office - add door into dining room $ 200 Graft room. -- add heater 2,500 Insulate (walls and ceiling) 1,500 Remove garage doors and construct walls 2,000 Drop ceiling 1,800 Change lights 1,000 Pai.itt and patch interior and exterior 5,000 Carpet and floor 6,000 Miscellaneous work _5_,_000_ Sub-total $25,000 Page 3. n ME.MGRAND M Baker, Dir. of Recreation May 3, 1.982 Page �+ OUTSTDE LAVATORY This is a single story block structure with a single toilet and lavatory unit on each side. The cost estimate to remodel. the building up to usable standards is as follows: Item Estimated Cost Lavatories Remove and replace water closets $ 500 New lavatory fixtures 200 Privacy partitions 400 Doors 300 Miscellaneous repairs 300 New water heater and enclosure 500 Sub-total $2,200 EXTERIOR E PROVEMENTS The increased occupancy of the buildings will require an estimated 47 parking spaces. A preliminary view of the area surrounding the buildings indicates that it is in- sufficient to support all of the required parking. Potential solutions to this problem are joint use of the Women's Club and/or future church parking .Lots. To -maximize the on--site parking, zt will be necessary to remove a hose drying tower and gas pumps, and abandon in-place the underground fuel. tanks. Cost estimates for these improvements are as follows Item Estimated Cost Remove hose tower $ 400 Remove pumps and abandon tank (four pumps and two tanks) 2,000 Parking -- stall striping, 2,000 Paving 10,000 Landscape renovation 3,000 Sub-total $17,400 SUMMARY OF COSTS The following summerizes the costs discussed previously. As shown below, we have applied a 20% contingency factor to these costs due to the limited time available to provide a riore accurate estimate. COST Stll'•iMARY first Stage Second Stage Residence $12,800 $ 8,200 Recreation Hall 1.2,400 8,350 Community Building 39,900 25,000 Exterior 1.7,400 Lavatory Building 2,200 Sub•-tot:a.1 $84,700 $41 ,5Q0 Contingencies - 20% 1.6,900 _8,350 Total. $101,600 $49,900 Page 4. f MEMORANDUM t I'. L„ Baker, Dir. of. Recreation May 3, 1982 Page 5 Total - Stage #1 and #2 - $151,500 9 i I N. S. Cochran NSC/HWM:U1 cc: City Manager I Director of Public Works I I s I i j i i 3 i Page 5,. S9 Ac Plot Pin tnr to ' � P (21' L�%rY'a f` • I � _Y..,.T.r-_�-.�-Y---.^.•g�lw�PT��1�7�G P= ��✓.- CCIVAJ y owy Ve A; • APREN ® IX SAN JUAN RIOT SPRINGS DANCE FALL (Existing Program) - AY S17 TUESDAY WEDNESDAY ( THURSDAY FRIDAY SATURDAY � ,— 9-12 p.m. 9- 12 p.m. 9-12 p.m. 9-12 p.m. 9--12 p.m. Workshops Tiny Tots Tiny Tots Tizzy Tots Tiny Tots Tiny ,Pots Examples: Xmas Crafts e 12-4 p.m. 12-2 p.m. 12-2 p.m. 12-2 p.m. 12-4 p.m. Fashion & Wardrobe Bridge Band Practice Nimble Spanish .Bridge Wallpaper Application Fingers Defensive Driv"6 **l 2-5 Monday 2-5 p.m. 2-4 p.m. Blood 3 the month Estate Planning 2:30-5 p.m. Senior's Pressure � i LAercare Class 1st Wed. - Yogi 2nd Fri. of General Mtg. every month 6:30-8 p.m. 6-7 p.m. 2nd Wed. - 6t30-7 p.m. 1.2:.30-2:45 p.m. � Maximizing Dog Obedience BeginnIng Your Potential A.A.R.P. Mtg. Spanish. 6 7-8 p.m. 4 th Wed. Yoga 'Board Mtg. 7-8 p.m. Wardrobe 5-9 p.m. Planning } i Community Meetings Examples: Sister Cities Mayor's Meetings Homeowners Groups ( i 3 DANCE HALL OFFICE f i Income Tax 12-2 p.m. Legal Aid � Renter's Assistance lst & 3rd Fri. Income Tax Renters Assistance : � r FIRE BOUSE BUILDING (Dormitory OOTO Equipment in room - pool table, lounge chairs, ping gong table, televisions FRIDAY SATURDAY SLIM AY ... MOINT)AY TUESDAY WEDNESDAY TFURSDAY � Drop-in 9-10 a.m. 9--I0 a.m. 9-10 a.m. 9-10 a,m. 9-10 a.m. Prepare for Tot Fitness Prepare dor Tot Fitness Prepare for Center for Childbirth Childbirth Childbirth Senior Citizens 10-11 a.m. 1.0--11 a.m, between 10-4 p.m. 10-11 a.m. Mommy & Me 10-11 a.m. Mommy & Me 10-11 a.m. Senior Exercise Senior Exercise Sr, Exercise ='• ercise Exercise (Fitness for fitness for 12-4 p.m. (Fitness for 12-4 p.m. Life) Life) Cards, games Life) Cards, Games 124 p=m, 1.2--4 p.m. 6:30--8:30 p.m. 12-4 p.m. 6-7 p. Cards, Games Cards, Games first Aid Cards, Games C.P.R, 6;30--5:30 La Maze Instruction FIREHOUSE BUILDING - EQUIPMENT STALLS (Craft Room) --- MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY SUNDAY I 9- 11 a.m. 9-11 a.m. 9-11 a.m. 9-11 a.m. 9-12 p.m. 9-11 d.n. � Open Lab Ceramics Open Lab Ceramics Beginning Ceramics R; Oil Painting I 11-1 P.M. 11-1 P.M. 2-4 p.m. 11-12:3f) p.m. !� Stained Jewelry Landscape Sculpture 12:30-3:.30 p.m. Jr. Handyman Glass Making Painting Portrait 2-4 p.m. Painting; 12:30-4 p.m. 3-5 p.m. 1-3 p.m. 6:307:30 p.m. Learning Open Lab C, mics Woodcraft Crochet About Plants 3: 55-5 p.m. fo, Kids (adults) Indian Arts 7:30-9:00 p.m. 6:30-8 p.m. 6:30-8 p.m. 3-5 p.m. Miscellaneous Stained Glass � Design Crafts Woodcraft Workshops for Kids 6:30-8 p.m. Learning About Your Car E I f F A t i. { 8 I f { t RECREATION BUILDING Equipment in room -- portable tables and chairs TCS NDAY TUESDAY WEDNESDAY TTTURSDAY FRIDAY SATURDAY S0 vDAY � n c� 6--7 a.m. 9-10 a.m. 6-7 a.m. 9-10 a.m. 6-7 a.m. 9-10 a.m. :Exercise Pre-School Exercise Pre-School Exercise Exercise Class Ballet Class Ballet Class Class 10--•1 P.M. -10 a.m. 10:30-11:30 a.m. 9-10 a.m. 10:30-11:30 a.m. A9-10 a.m. s erobics Dance Exercise Aerobics Dance Exercise Aerobics Gymnastics c Over Forty Over Forty ' l._ 1 P.M. 12-1 p.m. 12-1 p.m. 1:30--3:30 p.m. Exercise 1-3 p.m. Exercise 12:30-2 p.m. Exercise Saturday Class Folk Dance Class Polynesian I Class Afternoon at Dance the Movies - 3-5 a.m. 1-3 p.m. lQ P.M. f�aliroo,n Gymnastics Ballet 2-3 p.m. Folkdance 7:30-1Q.a.m. Dancing Tap Dance Squareda,nce 5:30-8:30 6-6:45 p.m. 7-8 p.m. s 6-6:45 p.m. Beginning; ,7azzercise 3-5 p.m. Aerobics 3azzercise Clogging Gymnastics E P k 7-8 p.m. � 7-8 p.m. Aerobics 6:30-8:30 a.m. Aerobics Int. Clogging � 3 i 3 I 1 (Recreation Dining 80017) MONTDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY SUNDAY 9-11 a.m. 10--11 a.m. 9-11 a.m. 10-11 a.m. 9-1.1 a.m. 9:30-10:30 a.m.. 10:30-12:30 Current Beginning Current Crochet Class Current Art History Senzar s Events Guitar Events Events Brwnch ! P 11--2 p.m. I 11-2 p.m. 1 11-12 p.m. 11-2 p.m. bunch 11--2 p.m. i Lunch Lunch ' Lunch Program Lunch Program Program Program Program 2-3:30 p.m. i 2-3.30 p.m. 2-3:30 p.m. . 2-3:30 p.m. Nutritional 2-3:30 p.m. Cuy ir Beginning Advanced s Cooking Guilt Classes Bridge Bridge Malvin; Instruction Instruction i 3:30-5 p.m. 3:30-6:30 p.m. Cartooning 3:30-5 p.m. Guitar Classes3:30-5 p.m. 3:305 ga.:n. Drawing Dramatics Cooking P.M, for Kids 5:30-8 n.m. for Kids for Kids International Cake AM Decorating 6-8 p.m. 6-9 p.m. **3rd Friday ! Calligraphy Community of every month Meetings is the Senior's Potluck at 5 p.m. !EE ! E 3 [F ti ! 3ijj f 7 3 t o i ! I i