HomeMy WebLinkAboutD C Terry Buick, Inc - 1988-12-15'f ORA 39`
CO. Rte;. P,M.
Account 55006-001{-01
L E-A S B V G R E E'M E N'T
THIS LEASE, made this of December, 1988 at ,Los Angerles,
California, by and between the State of California', `�Departrt ent ,of '
Transportation, Lessor, and, 'D:C. Terry Buick', Inc.,,'LIe`ssee, of '
122 5th Street, Huntington Beach, CA 92648.
W I, T'N E SS E T H
1. DESCLIPTION:_ The Lessor,, in consideration of th:e'payment o
the Bent hereinafter specified -to be paid 'by th;e Lessee, and the
covenants and agreements' herein contained, does hereby lease; demise,
and let unto Lessee that certain property in the County -of Orahge0
State of California, the address of which 'i.s 19601 Bi.iach Boulevard,
Huntington Beach, and described as -
That certain 'strip of land measuriri� approximately seventy",
(70) feet widfl and approximately two -hundred eighty (280)
feet deep io'�:ated at the north end of that certain parcel
of property located on,Beach Boulevard in the City of
Huntir'gton Beach, comprised of approximately 2.1 acres,
See att'ached'inap Exhibit 1W', area outline, in'red.
2. TERM: This lease shall be for a term ,of'two (2) years,
commencing on the 15th day of December, 1988, and, ending on •the'.14tfi
day of, December 11990_
3. .RENT: .,'The>, rent shall be paid :by the Lessee monthly, in
advance, on the Ist,day`of each.month during said term, in lawful ,
money of the'United States, as follows: at a rental of $1,125.00`-
from December 15, 1988 to December 30, 1988, inclusive, and thereafter
at a rate of $2;,25O::D0 a.month, payable monthly:'in advance6w the.
first day of`e,ach month beginning January 1, 1989.
Rental pavabl'e hereunder for any period of time less than one "
month shall he determined by prorating the monthly rental 'herein
specified b•(s'e' on' a 30-day month.
4. Lessee -,and lessor 'acknowledge. and agree that th' ea3e is,
in conjunction with a future Co --operative' Agreement between the 'Lessor
and the; City of Huntingtoh Beach,, where the' City is to provide for the
relocation and replacement of the subject leased property which also
inciudes the, remaining State property, and also referred to as the
existing State Huntington Beach Maintenance Station: Lessee
acknowledges'and agrees that if for any reason this Co-operative
Agreement is not entered into and executed by both parties 'within
$RX month from.µthe effective date of this Lease'Ageeemeni,.the_ State
shall have the right to ,immediate cancellation 'and termination of
this Lease upon ninety days notice.'
(SEE PAGE 9),
5. Lessor --shall permit the Lessee, to make only the authorized
tenant improvement,, described and`listed on the attached',Exhibit "B"
and unerlined in g::een
6. The Lessee will secure from the Lessor and encroachment
permit for any installation of a driveway on the leased property.
7. Lessee will install a new; chain linkfence at a minimum .
height of 6' (see Exhibit "B'" new fence) along the northerly boundary
of the State's remaini,rig property. Only after. Lessee installs new
chain link fence will Lessee remove existing 'State fence,(see Exhibit
"B" existing. State fence).
8. SECURITY DEPOSIT: Receipt of an additional amount of
$2,000.00-is also acknowledged as'a guarantee, -of the faithful
performance of the terms and conditions of this lease.If Lessee fails
to keep and perform all of the terms, covenants and conditions of thi
lease, including the payment of rent,.overdue!and.unpaid,- the restora-
tion and removal of all tenant removable improvements described on
Exhibit "B"' of this Lease Agreement, replacement or return of
furnishings or equipment, exclusive of ordinary wear and tear, Lessor
may appropriate and apply. all or any portion of the security`deposit:
to the payment of any loss or damage incurred by Lessor by reason of
Lessee's default or, breach. Upon termination of this lease and
Lessee's vacating the property, Le,ssor shall return, without interest,
the deposit or portion remaining,.if any, after deduction's for an
amount equal to any unpaid rents and/or loss and damage sustained'byl
Lessor due to such breach or`default by Lessee.
9. RENTAL PAYMENTS: All rental payments shall be made payable'
to the Department of Transportation and delivered to the Department of
Transportation, District 12,`2501'Pullman Street, Santa Ana, CA 9270,5.
10. DEDUCTION FROM RELOCATION ASSISTANCE PAYMENTS: if the rent
is not paid to the Department, delinquent rent may:'be deducted ft6m any relocation assistance benefits to which Lessee may be entitled,
11. UTILITIES: Lessee shalL.'pay when due, all water, electric,'
gas, and other heating, and power, rents and charges'
accruing or payable in connection with said property during the term
of this lease.
12. USE:
(a) Lessee shall use the property for the following
purposes only:
Sales and service of wheeled -vehicles
(b) Lessee shall not commit, suffer, or permit any waste.on
said property ar_d shall comply with all State laws and local .ordi-
nances concerning said: property and the use thereof.
13. RIGHT OF ENTRY: Lessee shall permit Lessor or its agents to
enter upon the property' at any reasonable time to inspect same and for
the purpose of showing the, property to prospective purchasers or.
tenants.
14. TERMINATION: This lease shall be subject to cancellation at
termination by either party at any time during.the term hereof by
giving the other, party notice in writing at least ninety
next prior to the date when such termination shall become effective.
(SEE PAGE 9)
15. NOTICES- All notices herein provided to be, given.,"or,which.
may be given, by either party .to the other, shall be,de,emmed to"have
been fully given when served personally, or when made i,n writing and ' _
mailed addressed as follows: To the Lessee at the address above
stated and to Lessor, c/o Department of Transportation, at 2501
Pullman Street, Santa Ana, .CA 92705e The address to which the notices
shall be mailed to either party shall be changed by written notce;by
either party to the other, but nothing herein shall`' preclude the
giving of notice by personal service. Lessor shall also be able to
serve notices by posting =and subsequent mailing to Lessee:
16. CONDITION AND REPAIRS: Lessee shall not call on`Lessor, to
make any improvements or repairs on the- property, but Lesseet hereby`.
specifically covenants and agrees to keep the,property, including I)
furnishings -and equipment, if applicable, in good order and condition
at 'Lessee's cost and. expense. Lessee further agrees to provide: an '1
adequate number of garbage and trash receptacles in>clean condktidn_
and good repair. Lessor agrees to maintain the Iexterior walls,, roof;,`
mainsewer. and water -..service.lines .-to building, and.. any: other, majox,.,,:'.
repairs as deemed necessary and in the`best interest of Lessor:
17. ASSIGNMENT AND SUBLETTING: Lessee shall not assign or,
sublet this lease without the writ' Ticonsent of the Lessor,
18. ALTERATIONS: Lessee shall not make or suffer any alterati,on'
to be made in or on the property without the written consent of the
Lessor.
19. LI-IGATION COSTS: In the event that a suit is necessary, to
enforce any of ,the prwis.ions herein contained, or to recover
possession of the premises; the prevailing party shalt be; entitled to
reasonable Attorney's Fees in addition to costs and necessary
disbursemeAts.
20. VACATING THE PROPERTY: At the 'expiration of the',term, or
any sooner termination: of this lease, Lessee;;.,sha;1 quite and surrender,
possession of the property and its appurtenances, to Lessor in as
good order and condition as the property was delivered to; the Lessee,
reasonable wear and tear and damage by the elements excepted.
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21. HOLD OVER: If Lessor and the City of Huntington Beach have
a Co-operative Agreement for the relocation and replacement'of'the
existing State maintenance site (located at 19061 Beach,Bouleward,`
Huntington Beach), the Lessee with the `consent, of the Lessor,'can
extend this Lease on:a month -to -month basis to coincide`tiith:the
delivery by -the city of the replacement State maintenance.site'o The
tenancy shall be deeried to be a tenancy only from month to month,'1
subject otherwise to all. the terms and conditions of this Lease so
far as applicable.
22. FIREINSURANCE:, Lessor will not keep the property insured
against fire or any other insurable risk, and Lessee will make ho
11
claim of any nature against Lessor by -reason of` any damage to
Lessee's property in the 'event it is 'damaged or destroyed lay'fire.or. '
by any other cause.
23: PREVIOUS AGREEMENTS: In the 'event .there is any existing
lease or rental agreement between Lessee and Lessor (or its
predecessor in interest) covering the property, it is agreed and
ulderstood that this lease shall cancel and terminate said prior.
lease or rental agreement as of: the effective date of this lease.
24. RELOCATION PAYMENT: No Relocation Payment will be. made to _
Lessee by Lessor except as provided by law:
25. POSSESSORY ::INTEREST: The Lessee's interest is subject to'a
possessory interest tax (tax) that may be imposed 'by the City or
County. However, the Lessor is required to:pay any such tax'uirectly
to the City or County on behalf ofathe'tessee. The ambunt,of rent.
charged the Lessee reflectsthe c^ cif this added responsibility -to
the Lessor.
Tax bills inadvertently received'by the Lessee should be
foLwarded to the Lessor for payment.
26. NON -LIABILITY OF LESSOR: Nothing in the -provisions of this
lease agreement is intended to create duties or obligations to. or
rights in third parties not parties'to. this lease agreement;or, affect
the legal liability of either party to the lease agreement by'
imposing any standard of care respecting the duties and obligations•;`
under this lease agreement'"d-.fferent from the standard of •care
imposed by law.
It is understood and agreed that this lease agreement is
made upo,-i '_he'express condition that StateofCalif ornia and any
officer or employee thereof `is to be"free from all responsibility,
liability, claims, suits or actions of every name, kind and descrip-
tion, brought for or on account of injury to any person or persons,:
including Lessee, or to property, of any kind whatsoever and to
wh�-asoever belonging, including Lessee, occurzing;on or about the
premises or from any; cause or causes_ resulting from the operations
and/or use of the premises, or the sidewalks adjacent thereto, by
Lessee, his agents, customers, business invitees and/or any persons
acting on Lessee's behalf. It is also understood and agreed that.,
Lessee shall defend, indemnify and save harmless State of California,
all officers and employees thereof, from all liability',,claims, suits
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or actions of every name,, kind and description brought far or on
account of injuries to or death of any person or damage to property,
arising from any aforesaid cause or causes during the term of this
lease agreement.
Lessee waives any and`, all rights to any type of express .and'
implied indemnity against State of California, its officers`or,
employees.
It is the intent of the parties that Lessee will indemn.Hy
and hold harmless ,State of California, its officers or employeas'`from
any and all claims, suits or actions as set forth above regardless of
the existence or degree -of fault, whether active or passive, primd`ry.
or secondary, on the.part of State of California;, other than its sole
negligence,
27. LIABILITY ARID PROPERTY` DAMAGE INSURANCE: Lessee shall, at
Lessee's expense, take out and keep in force during the within
tenancy:
(A) Public liability insurance in a companyor companies to
be approved by the Lessor, to protect Lessor, its officers, agen,ts,,.
and employees against all claims., suits or' actions of every 'name,- kind
and description, brought forth, or on account of, injuries to or deatsi
of any person occurring in, or about, the,property which is the
subject of this lease in an amount of not 'less than $500,00.0, to
defend, indemnify and hold harmless the Lessor, its officers, agents
and employees against all claims, suits or>actions of; one person ,and
in the amount of not less than $1,000,000 to defend, indemnify and•
hold harmless the:Lessor, its officers, agents and employees against
the claims, suits or actions of two or more persons resulting .from any,
one accident;`: and
(B) Property damage insurance or otherinsur.ance in a
company or companies to be approved by the Lessor, to protect Lessor,
its officers, agents, and, employees against alliclaims, suits or
actions of every name, kind and description brought forth or on
account of damage to property incident to the use of or resulting' from.
any and every cause occursing,in or 'about the property which is the'.
subject of this lease, including any :and all claims,, suits or actions
for damage to vehicles on the property, in an amount not less than i
$300,600 to defend, indei-nnify, and hold harmless the Lessor, its
officers, agents and employee's; or
(C) Single limit coverage of not less than $1,009,000 to
protect, defend, indemnify, and hold _harmless the Lessor, .its
officers, agents and employees from all claims, suits or'actions of
every name, kind and description brought forth or on account of
injuries to or death of any p:i•son or damage to_property including any
claims, suits or actions for aamage`to vehicles on the property which
is the subject of this lease occurring in 6r about said property
With respect to third party claims against the Lessee, the
Lessee waives any and all rights to any type of express or implied
indemnity against the Lessor, its officers or employees.
jl
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It is -the intent of the parties tha, the Lessee will
indemnify, defend and hold harmless the Lessor, its officers and
employees from any and all claims, suits or actions assetforth above
regardless of the existence or degree of fault or negligence on the
part of the Lessor, the Lessee, the officers or employees of 'either of
these, other than the sole negligence of the Lessor, its officers and.
employees.
Nothing in this lease is intended to create the public or any
member thereof a third -party beneficiary hereunder, nor is any term or
condition or other provision of.the lease intended to establish a
standard of care owed to the public or any member. thereof.
Said policies shall name the Lessor as an additional insured
and shall inure to the contingent liabilities, if any,,of the ;Lessor,
and the -officers, agents, and employees of Lessor and shall obligate
the insurance carriers to notify Lessor, in writing, notless than
fifteen (15) days prior to the cancellation thereof, or,.an_y `other
change affecting the coverage of the policies. Lessee shall furnish
to Lessor, either a certified copy of each and.every such policy or a
fully executed "Certificate of Insurance for Lease of State-owned
Property" and a fully executed ",State -Owned Property Endorsement"
within not more than ten (l0) days after the effective date of the;,
policy. Lessee agrees, that, if Lessee does not keep such insurance
in full force and effect, the Lessor shall have the right to-immedi'-
ately terminate this lease
l.
28. NONDISCRIMINATION: The Lessee, for himself, his heirs,
personal representatives, successors in .interest,, -and assigns, as a:
part of the consideration hereof, does `heresy covenant and agree, as
a covenant running with the 'land, that the Lessee shall -'maintain and
operate any facilities on the land or services offered thereon in
compliance with all other requirements imposed pursuant. to Title 49,
Code of Federal Regulations, Department of Transportation, Subtitle A,
Office of the Secretary, Part 21, Nondiscrimination in Federally -
assisted programs of the Department of Transportation --Effectuation of
Title VI of the C� ril'Rights Act of 1964, and as said Regulations may
be amended.
That in the event of breach of any of the above nondiscrimination
covenants, the State of California, shall have the right to terminate
the lease and to re-enter and repossess said land and the facilities
thereon, and hold the same as if :said -lease had never been made or
issued.
29. WAIVER: If. any part of this lease is invalid by reason of
law or governmental regulati<on,_or if any provisions,hereof are waived
by Lessor, the reniaini,ng portions of this lease shall remain in full
force and effect.
30. ENCUMBRANCES: Lessee shall not encumber the leased premises
in any manner whatsoever.
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31. ASSIGNMENT -FOR BENEFIT OF CREb]TORS,, INSOLVENCY, OR `
BANKRUPTCY:'
Appointment of a receiver to take possession of Lessee's
assets, Lessee's general assignment for benefit of creditorsg'cr ,
Lessee's insolvency or taking or suffering action under the T•f
Bankruptcy Act is a breach of this lease and this lease shall,;.
terminate.
32. POSTING OF PROPERTY- Lessor or it's agents shall, at all- tit.es
have the right to go upon and inspect the leased property and-ta serve
or to post thereon any notice required or permitted .by'law for' t.<.
protectit.n of any; right or interest of Lessor.
33. HAZARDOUS MATERIALS: Hazardous materials are these �
substances listed in Division-4, Chapter:30, Article 9.of Tit Ie 2211
California Administrative.Code; or those, which 'meet 'the toxicity.,
reactivity, corrosivity'or flammability ;criteria o.f Article ll-`of the
above Code, as well as any other substance which poses a hazard to
health or environment. Lessee hereby acknowledges receipt of
Attachment "D", which is a list of hazardous materials. from the
California:- Administrative Code (Division 4, Chapter 30, Article S,
Title 22). This 'list is extensive, but not, toz be considered all:
inclusive in identifying hazardous material.
Except as otherwisepermitted in this lease; Lessee sha'sl. not- ,
use, create, store or allow any such substances on the premises._. Fuel
stored in a motor vehicle for the )exclusive use in such vehicle is „
excepted.
In no case shall Lessee cause or allow the deposit or.' '<
disposal of any such substance on the leased property.
However, household products necessary for routine cleaning
and maintenance of the property may be kept on the leased 'premix �s `ir
quantities reasonable.for current needs.`
Lessorp or its agents -or contractors, shall 'at all times have
the right to go upon and inspect the leased premises and the
operations conducted thereon to assure compliance with the require-,
ments Werein stated. This inspection may include taking samples of
substances and materials present for testing,-and/or,testing soils; or
underground tanks on the premises.
Breach of any of these covenants, terms and conditions shall
give Lessor authority to immediately terminate 'this lease: It. is the n'
intent of the parties hereto that the Lessee shall be responsible for
and bear the entire cost'of removal and disposal of hazardous
materials -or waste introduced to the premises during .Lessee's period
of use and possession as owner, operator or lessee of the property.,
The I;essee shall also be responsible for any cleanup and 1
decontamination on or off the leased premises necessitated' by such
materials or waste.
A.
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,I
i
Breach ' of any of these covenants, terms and conditions shall
give Lessor autbority, to immediately terminate this lease. It is thd,",-.
intent of the parties hereto that the Lessee shall be responsible fo,k,:,�_:_z==
and bear the entire cost of raroval and disposal of hazardous
materials or waste introduced to the preinises during Lessee's period ',
of use and possession as owner, operator.or.lessee of the property.
The Lessee shall also be responsible for any cleanup and, decontami-
nation on or off the leased premises necessitated by such materials
or waste.
Lessee shall furtherhold the State and any officer or
employee, harmless. from all responsibility, I Liability and � claim for
damages resulting. from the presence or use of hazardous materials on
the premises d,iring the Lessee's period.of use and possesslon.
34. AMENDMENTS% Anything herein contained to,the contrary
notwithsianding, this lease*may beterminated, and the provisions .of
this lease maybe, -in -writing, altered, changed or -amen,ded by -'mutual �_
consent of the parties hereto..
35. A EID :, The marginal or clause headings of this lease are.'':,
�nGS_ruc, - , , _
not a pait ofthis lease and shall have no effect 'upon ,, the conse
tion or interprei-,ation of any part hereof.
BREACH OF ANY OF THE ABOVE COVENANTS, TERMS, AND CONDITIONS SHALL W
EITHER PARTY AUTHORITY TO IMMEDIATELY TERMINATE THIS LEASE,
a.
LESSEE
D. C. •'TERRY BUICK INC.
RECOMMENDED FOR APPROVAL BY
BEAN GRENIET— 'LESSOR
R/W Property Serviceg Branch STATE OF CALIFORRiTA
DEPARTMENT OF TRANSPORTATION.,:
By
Deputy District Director
JA-am
ARA-GRAP-'- FOUR
a
_dow reads, "within six months from effective date-"
Shall be chanaed to read, "wi thin twelve -Months from
effective date.!',
PARAGRAPH.FOURTMEN
Now reads, !ITh ILS -lease shall be sub-i eCt' to cancella4'j
and termination --on
h
jv either r)&rty at any tf.,he d - r.
uring t e ter q
hereof by giving he .Otlher
pairtv vo�i
ninety tice� im wx�itiper, at least-
nety (90) days next prior to the date termlnkt-
when suc, -on
shall become efffe;ct_-'Ve,"
Shall be changed to read, "-This !-ease shall be sub
to cancellation by either party or breach of contra6t, only
and either Palrtyshall 'give the other par-'y no -lice
writing at leazt -I;p -y (9()) days nettPrior to. the date,.
when such termi'
nation shall become efec::,
D - Ray T3 1 C X
CF-
By
RECOMMENDED rOR APP-ROVAL
BY
T�r-:SSOI_z
DEAN �RENIER
ALIFORNTA
R/W Property STMm,Or c . - -'. .-' ,
Services Branch - -x
11 1
DEPARM - yq,�
MENT, OF TI:z, N__ ORTATIO14
✓��A�
BY
�ct �r.
DeputyDist 1 X�:t
STRADLING, YOCCA, CARLsox & 13.AUTH
APROFESSIONAL CORPORATION'.
FRITZ R. STRADLING ERNESTC. GROWN ATTORNEYS AT LAW 'JOHN E. BRECKENRIDGE
NICK E. YOCCA BRUCK 0. MAY RENAC.STONE
C. CRAIG CARLSON PCGI A. GROUNDWATCR- 660 NEW PORT CENTER DRIVE. SUITE IBOP - oe ¢ouHB¢L
WILLIAM R. RAUTH III DONALO J. HAMMAN. Or
OFFICE BOX 7660
K. C. SCHAAF JOHN J. SWIGAR � JR.
RICHARD C. GOODMAN STEPHEN 0. MELIKIAN NEWPORT BEACH, CALIFORNIA 92360-6441
JONN J. MURPHY MICHAEL A. ZABLOCKI
THOMAS R CARKI JR. NCILA'R. BERNSTEIN TELEPHONE (714). 640-703$. SAN FRANC13C0 OFFICE
CI
.ARK,
A. FRYOMAN CELESTF.STAHL BRADY 3UITEI000
DAVID R. WZWCN CHRISTOPHER J. KILPATRICK TELCCGPIF.R -
PA "GALE JOEL H.OUTH 6OS MONTGOMERY STREET:
RUDOLPN C. SHEPARD JULIE'N. M.COY (714) 640.7332 . (714) 640.7335 SAN FRANCISCO,'. CA 04111t2866
ROBERT J. KAN% PAWN C. HONEYWELL - TELEPHONE(41S)768t74£1
M.D. TALBOT LAWRENCE B.: COH1J TELCCOPICR:(41S) 802.7372
MR CC C. STUART STEPHEN T. FREEMAN
DOUGLAS F. HIG.AM PERRY J. TARNOFSKY
C. KURT YE OCR ROBERT A. WILSON.
ROBERT J. IN ALEN CHERYL A.DOW
ROBERT C. RICH NICHOLAS J. YOCCA
PETER J. TENNYSON L SAM.. K$TSUTA
THOMAS A. PISTONC JOHN D. 67EIMBERC
SCOTT C. M.CONNELL ROBERT. C.FUNSTEN
RANDALL J. SHERMAN ALCTA LOUISE BRYANT -
BRUCC W.FCUCHTCR J.MICHACLVAUGHN
MARK J. HUC6SCH CINDY R. HUGHEE
KIRK T. MALDONA00 DENISE E. HARDAUGH
KARCN A. ELL13 BARBARA L. SMID
CLIZABCTH C. GREEN ERIC.M SALTZMAN
September 19, 1988 i
ITIA MESSENGER
Stephen Kohler
City Hall
2000 Main Street
Huntington Beach, California 92648
Re: Lease with Cal -Trans
Dear Mr. Koler
Enclosed please find a copy of the Cal -Trans Lease form,
with various information filled into the blanks contained in
that form'. I have also attached an addendum to that Lease in
effort to tailor the terms of the Lease form to the terms of
our transaction. That addendum can be deleted in the event
that Cal -Trans finds it wholly objectionable.
In addition to the matters set forth in the addendum, you.
should also be aware that the Cal -Trans Lease form provides
that upon.'a breach by either party, the non -breaching party
will have the right to immediately terminate this 'Lease.`'
Unlike most leases, no grace periods or cure periods are
provided for. In addition,, Section 11 of the Lease provides
that either party has the right to terminate_the'Lease upon
notice. I have tried to minimize the effect of that Section by
requiring two hundred forty (240) days notice in order to
terminate the Lease'. You should also note that the
indemnification and hold harmless protection .for the State of
California contained in the last paragraph of Section 23' of the
Lease is considerably broader than what would normally be
contained in a lease. Specifically, such indemnification and
hold harmless' language normally does not cover the gross
negligence of the protected party.
d
4 i q-
Lessor, or its agents or contractors, shall at all times have the right to go upon and inspect the *'
leased premises and the c r .rations conducted thereon to assure compliance with the requirements
herein stated. This inspection may, include taking samples of substances and material present for
testing, and/or testing soils or underground tanks on the premises.
(Insert if appropriate): The followingsubstances may ce present an the leased premises, provid-
ed that they are contained and used in accordance with 9.11 Ppplicable local, State and Federal
laws and regulations.; (if needed, add "as welt as the requirements set forth below".)
(List) (special quantity, storage, conta;' „ etc., requirements)
(If appropriate): Where hazardous waste is generated on site the facility must be fully permit-
ted by the California Department of Health Services, and all conditions of the permit must be
complied with.
Breach of any of these covenant,, terms and conditions shall give lessor authority to immediate-
ly terminate this lease. It is the intent of the parties hereto that the'lessee shall be responsible for
and bear the entire cost of removal and disposal of hazardous materials or was' a introduced to the
premises during lessee's period of use and possession as owner, operator or lessee of the property.
The lessee shall also be responsible for any cleanup and decontamination on or off the leased
premises necessitated by such materials or waste.
Lessee shall further hold the State and any officer or emproyee, harmless from all responsibili-
ty, liabilityand claim for damages resulting from the presence or use of hazardous materials on
the premises during the lessees period of use: and possession.
(To be added where one or more underground tanks are located on property:)
Lessee acknowledges receiving from Lessor a copy of permit no.(s) issued by (local
agency), authorizing operation of the underground storage facility(ies) located nn the leased
premises, together with a copy of Sections 25286, 25294, 25295, 25291fi and 25299 of the
California Health and Safety Code. Lessee hereby agrees to monitor the underground<storage
tank(s) as set forth in said permit(s) and agrees to abide by all local, State and Federal regulation,
governing underground storage tanks for hazardous materials/hazardous wastes.
31),AMENDMENTS: Anything herein contained to the contraryr notwithstanding, this lease'may be
terminated';; and the provisions of this lease maybe, in writing, alti�red, changed, or amended' by,
mutual Consent of the parties hereto.
32) HEADINGS: The marginal or clause headings of this lease are not apart of 'this lease and shall
hove no effect upon the construction or interpretation of any part hereof.
BREACH OF ANY OF THE ABOVE COVENANTS, TERMS, AND CONDITIONS SHALL
GIVE EITHER PARTY AUTHORITY TO IMMEDIATEL'Y`TERMINATE THIS LEASE.
The Rede" o me A he
("Recommendations and Approval" to be plu(.rd City of ' - )Auitington Beach
on Archive copy only —see Exhibit 07-10-06)
C airman
ATTEST:
S rTe'/OFCAUFORNIA
DEPARTMENT, OF TRANSPORTATION
Connie Brockway, Clerk
By_
(NOTE Sur next µor far,gtl6mal chun•t>)):
Form BW 07-4
Page 5 of 7
(Rev. 1-87)
(C) Single limit coverage of not less than'$1,000,000.00 for the required public liability in-
surance (A) and the property damage insurance (R).
Said policies shall inure to the contingent liabilities, if any, of the Lessor, and the officers, agents,
and employees of Lessor and shall obligate the insurance, carriers to notify Lessor, in writing, not
less than fifteen (15) days prior to the cancellation thereof, or any other change affecting the
coverage of the policies; Lessee shall furnish to Lessor,either a certified copy of each and every
such policy nr a fully executed "Certificate of insurance for Leasp of State -Owned Property" and a
fully executed "State-OwmYl Properly Endorsement" within nun more than ten (10) days after the
effective date of the policy. Lessee agrees that, if Lessee does not keep such insurance .in full force
and effect, the Lessor may take out insurance and pay the premiums the7r0n, and the repayment
thereof shall be deemed to lie additional rental and payable as such on the next day upon which
rent becomes due hereunder.
25) NONDISCRIMINATION: The lessee, for himself, his heirs, personal representatives, :successors in
interest, and wsigns, as a part of the consideration hereof, does hereby c onvenant;and agree, as a
convepant ntnning with the land, that the Imusee shall maintain and 'operate any facilities on the land
or services offered thereon in compliance with all other requirements imposed pursuant to Title 49,
Code of Federal Regulations, Department of Transportation, Subtitle A. Office of the Secretary,
Part 21, Nondiscrimination in Federally -assisted programs of the Department' of Transpor-
tation—Effectualinn of Title Vt of the Civil Rights Act of 1964,"and as said Regulations may be
amended.
That in the event of breach of any of the above nondiscrimination convenants,'the State of
California. shall have the right to terminate the lease and to re-enter and reprtcsesssaid land and the
facilities lhercnn, and hold the same as if said lease had never been made or issued.
26) WAIVER: If, any part of this lease is invalidby reason of law orgovernmental regulation, or if any
provisions hereof are waived by Lessor, the remaining portions of this lease shall remain in full force
and effect,
27) ENCUMBRANCES: Lessee shall not encumber the leased premisesin any manner whatsoever.
26) ASSIONMENT FOR BENEFIT OF CREDITORS, INSOLVENCY, OR 0ANICRUPTCY: Appointment of a
receiver to take possession of Lessee's assets, Lessee's general assignment for benefit of creditors, _
or Lessee's insolvency or taking or sufferingi action under the Bankruptcy Act is a breach of this
lease and this lease shall terminate.
29) POSTING OF PROPERTY- ' Lessor or its agents Shall at all times have the right to go upon and inspect
the leased property and to serve or to post thereon any notice: required or permitted by law for
protection of any right or interest of Lessor.
30) HAZARDOUS MATERIALS: Hazardous materials are those substances listed in Division 4, Chapter
30, Article 9 of 'Title 22; California Administrative Code, or those which: meet.the toxicity, reac-
tivity, corrosivity or flammabilitycriteria of Article 11 of the above Code, as well'as any other
substance which pages a hazard to health or environs lent.
Except as otherwise permitted in, this lease;, Lessee shall not use, create, store or allow any such
substances on the premises. Fuel stored in a motor vehicle for the exclusive use in such vehicle is ex-
cepted.
In no case shall Lessee cause or allow the deposit or disposal of any such substance on the leased
property.
However, household products necessary for routine cleaning and maintenance of the property
may be kept on the leased premkes in quantities reasonable for current needs.
Form RW 07-4
Page 4 of 7
(Rev. 1-87)
19) RRE INSURANCE Lessor will not keep the property insured against fire or any other insurable
risk; and Lessee will make no claim of any nature against Lesor by reason of any damage to
Lessee's property in the event it is damaged or destroyed by fire or by any other cause.
20) 7R-WIOUS i4UMMINTS: In the event there is any exiting lease or recital agreement between
Lessee and Lessor (or its, predecessor in interest) covering the property, it is agreed and
understoodthat this lease shall cancel and terminate said prior lease or rental agreement as of the
effective date of this lease.
21) RBOCATION PAYMENT- No Relocation Payment will be made to Lessee by :Lessor except as
Provided bylaw.
22) POSSESSORY INVEST: The Lessee's interest fs subject to a possessory interest tax (tax) that
may be imposed by the City or County. However, the Lessor is required to pay any such tax
directly to the City or County on behalf of: the Lessee. The amount of mint charged the Lessee
reflects the cost of this added responsibility to the Lessor.
Tax bills inadvertently received by the Lessee should be forwarded to the Lessor for 'payment.
23) NON-UA'6IUTY OF LESSOR: Nothing in the provisions of this lease agreement is intended to
iareate duties or obligations to or rights in third parties not parties to this lease agreement or affect
the legal liability of either party to the lease agreement by imposing any standard of care e
respecting the duties and obligations under this lease agreement different from the standard of
care imposed by law.
It is understood and agreed that this lease agreement is made upon, the express condition that
State of California and any officer or employee thereof Is to be free from all responsibility,
liability and claims for damages by reason of injury to any person or perums, including lessee, or
property of any kind whatsoever and to whom,oever belonging, including' Lessee. from any cause
or causes resulting from the operations and/or use of the premises, or the sidewalks adjacent
thereto_, by Lessee, his agents, customers, business invitee;; and/or any persons acting on Lessee's
behalf. It is also understood and agreed that Lessee shall defend, indemnify and save harmless
State of California, all officers and:empinyees thereof, from all Iiability, claims, suits or actions of
every name, kind and description bmughtfor or on account of injuries to or death of any person
or damage to property arising from any aforesaid cause or causes during the term of this lease
agreement.
Lessee waives any and A rights to any type of express and implied indemnity against State of
California, its officers or employees
It is ihe.intent of the parties that Lessee will indemnify and hold harmless ante (if California,
its officers or -employees ' from any and all claims, suits or actions as set forth above regardless of
the existenceor degree of fault or negligence, whether active or passive, primary or: secondary; on
the part of State of California.
24) UA91UTY INSURANCE: Lessee shall, at Lessee's expense, take out and keep in force during the
within tenanev:
(A) Public liability insurance' in a company or companies to be approved by the Lessor, to
protect Lessor, its officers, agents, and employees against any liability to the public inci-
dent to the use of, or resulting from injury to; or death of, any person occurring in, or
about, the property, in the an.ountof not less than $500,M).00, to indemnify against the
claim of one person, and in the amount of not less than :$l,tl�'+,,frit 00 against the claims of
two or more persons resulting from any one accident: and.
(li) Property damage or other insurance, in a company or companies to be approved by the
Lemr,;to protect Lessor, its officers, agents, and employees against any and every liability
incident to the use of or resulting from any and every cause occurring in, or .about,: the
property; including any and all liability of the Lessor for damage to vehicles parked on the
property, in the amount of not less than 03W,000.00; or,
Form H:W 07-4
Page 3'of 7
(Rev. 1-87)
7) DEDUCTION FROM RELOCATION ASSISTANCE PAYMEWS: ' If the rent is not paid to the
Department, delinquent rent may be deducted from any relocation assistance benefits to which
Lessee may be entitled:
R) UTILITIES: Lessee small pay when due, all water, electric, gas, and other -lighting,.' heating. -and
power, rents and charges accruing or payable in connection with said property. during the term
of this lease.
9) USE:
(a) Lessee shall use the property for the following purposes only:
any lawful purpose
(b) Lessee shall not commit, suffer, or permit any waste an said, property and shall comply with
all State laws and local -ordinances concerning said property and the use thereof.
10) RIGHT OF ENTRY. Lessee shall permit Lessor or its agents to enter upon the property at any
reasonable time to inspect same and for the purposeof showing the property to prospective
purchasers or tenants '
i 1) TERMINATION: This lease shall be subject to cancellation and termination by either party at any
time during the tend 'hereof by giving the other party notice in writing at least. 240 days
next prior to the date when such termination shall 'hcenme effective.
12) NOTICES: All notices herein provided to be given, or which maybe givers, by either party to the
other, shall be deemed to have been fully given when served personaiiy, or when made in writing
and mailed addressed.as follows: To the Lessee at the address above stated and to Lessor c/o
Department of Transportation, at The address to which
the notices shall be mailed to either party shall be changed by written notice by either party to
the other, but: nothing herein shall preclude the, giving of notice by personal service. Lessor shall
also be able to serve notices by posting and subsequent: mailing to Lessee.
13) CONDITION AND REPAIRS: Lessee shall not cali.on Lessor to make any improvements or repairs ,r
on the property, but Lessee hereby specifically covenants and agrees to keep °the property i
Including furnishings and equipment, if applicable, in _good order and condition at Lessee's cost
and expense. Lessee further agrees to provide an adequate number of garbage and trash recep•
i
tacles in clean. condition and good -repair -Lessor agrees to maintain the exterior, walls, roof, main
sewer and water service lines to building,, and any other major repairs as. deemed .necessary' and
in the best interest of Lessor.
14) ASSIGNMENT AND SU9LETUNG6 Lessee shall not assign or sublet this lease without the written
consent of the Lessor.
(NOTE: See optional clauses 2 and 3 if subkning is pem. fitted)
15) ALTERATIONS: dLessee shall not make or suffer any alteration to be made in or on the prowty
without the written consent of the Lessor.
16) LITIGATION COSTS: In the event that a suit is necessary to enforce any of the provisions herein
contained, or to recover possession of the ;premises, the prevailing party shall be entitled to
reasonable Attorney's Fees. in addition to costs and neemary disbursements
17) !VACATING THE PROPERTY: At the expiration of the, term, or any sooner termination of this
lease, Lessee shall quit and surrender pessessioa of the property and its appurtenances, to Lessor
in as good order and condition as the property was delivered to the Lessee, reasonable wear and
tear and damage by the elements'exceptedt
183) HOLD OVER: Should the lessee hold over after the expiration of the term of this lease with the
consent of the Lessor, express or implied, the tenancy shall be deemed to Ira a tenancy only from
month to month, subtect otherwise to all the terms .and conditions ef- this .lease so far as
applicable.
Form R W 07-9
Page 2 of 7
(lieu.• 1.87)
7 0'
File Reference
LEASE AGREEMENT
THIS LEASE, made this day of
California, by between the State of California
Department of Transportation, Lessor, and. the Red velopment Agency of the City, o
H in i ry��n RParh
Lessee, of City Hai i ?non in Sfreat ntiAgt-- Beach.'Cal:ifornia'92648
-- - (addr,=of L ezee}
WITNESSETH
1) DESCRIPTION: The Lessor, in consideration of the payment of Lie rent hereinafter specified to be
paid by the Lessee, and the covenants and,agreements herein contained, does hereby:tease, demise,
and let unto Lessee that certain property in the County of Orange " State
of California, the•address*f-which ir---------------------=- arrd fegsJly desrrrl as
including the following Emprovements:
°'Im-Wing (Le. outdooradvertising'tigrm etc)
2) TERM: This lease shall be for a 'term of _ year(s), commencing on the day of
and ending on the _- day of , '19 with the
right of cAncellation and termination in both L,essor'and-Lessee as hereinafter set forth. .
3) RENT: :The rent shall be paid by the Lessee monthly, in advance, on the day of each
month during said term, in lawful money of the United States, as follows:
two hundred twelve and 33/100 dollars ($2`t2.33) each month during
( the term.
Rental payable hereunder for any period of time less. than one month shall be determined by
prorating the monthly rental herein specified based on a 30-dny tnant:t.
4) RECEIPT -OP RENT PAID: Receipt is hereby acknowledged by the Lessor of the sum of
$ from the Lessee, in payment for the first (and last ') months rental under this lease,
S) SECURITY DEPOSIT: Receipt of an additional amount of $ is also ackndwledged as
a guarantee of the faithfulperformance of the terms and conditious of this lease. If Lessee fails to
keep and perform all of the terms, covenants and conditions of this lease, including the payment
,of rent, overdue and unpaid the restoration, replacement or return of furnishings or equipment,'
exclusive of ordinary wear and tear,'Leisor, may appropriate arc apply all or any portion of the
security depcsit to',tl:e payment of any loss or damage incurred'by Lessor by iTasnnof Lessee's
default or breach Upon termination of this lease and Lessee's vacating the property, Lessor shall
return, without interest, the deposit or portion remaining, if any. after deductions for an amount
equal to any unpaid rents and/or lass and damage sustained by Lessor due to such breach or
default by Lessee. .
6) RENTAL PAYMENTS: All rental payments shall be made payable Eo 'the Department of
Transportation . ,d delivered to the Department of Transportation at
os'"'ptinnui * describedas that certain strip of land measuring
Form RW 07-4 seventy (70) feet wide and two -hundred eighty (280)
Page 1of7 feet deep located at the north end of that certain
(Rev. 1-87) parcel of property located on Beach Boulevard in the
City ur- Huntington Beach, comprised of approximately
2.1 acres and denominated assessor's parcel number
025-191-03.
rt,a �� r � t � '�
Ir � r . � .
t,1':�: .. '_ _ ,.rat . , ..
y
REQUEST FO 07, EDEVELOPMENT PvrENCY ACTION
fl APPROVZD BY CITY COUNCIL
RH 98-64
19H
Date September 19,1988
ci Y c MK
Submitted to: Honora '15FRIMe—d.velopment Agency Members
Submitted by: Paul E. Cook, Executive Directol�,___
Prepared by: Dougla4 N. La Belle, Deputy City Administrator/Economic Develop me
Subject: LEASE OF PORTION OF CALTRANS PARCEL; BEACH BOULEVARD
Consistent with Council Policy? K Yes Now Policy or Emyeption.
Statemento . f Issue, Recommendation, Analysis, Funding -Source, Alternative Actions, Attachments:
STATEMENT OFISSUE:
4—
Pending the completion of an agreement for the acquisition of the CALTRANS
corporation yard on Beach Boulevard, it is recommended to lease a portion of -the parcel
as a relocation site for Terry Buick, Inc.
RECOMMENDATION:
Approve and authorize the agency clerk to execute the attached lease >for. a portion, of
the CALTRANS parcel on Beach Boulevard for use as a relocation site.
ANALYSIS:
7% For some time, the City has been negotiating with CALTRA , N2S for the acquisition of its
corporation yard on Beach Boulevard (an agreement to acccmplish, this is under review
by the City Attorney). As a condition of this acquisition, CALTRANS wishes the City
to build,a new 4CALTRANS facility on a site it owns in Costa Mesa in lieu of a cash
payment. The construction cost liability of the City would be limited to the negotiated
acquisition,cost.
However, CALTRANS will not vacate the Beach Boulevard site until the new facility is,
complete. Terry'Bulck, Inc.; has requested the agency to lease a p( of the site in
the meantime to facilitate it- immediate relocation to Beach, Bouleva.
The portion of the parcel to be !eased is adjacent to property already owned by Terry,
Buick, Inc.; and would sufficiently expand its holdings to accommodate both, the,
automobile leasing operation currently located there, and the automobile dealership
current!- located on Fifth Street in the Main -Pier Redevelopment Project Area. The,
sublease of this parcel to Terry Buick, Inc. will be the subject of separate
Redevelopment Agency consideration after the appropriate public hearing notice.
The attached -agreement accomplishes the lease of a portion of the CALTRANS
corporation yard on Beach Boulevard.
P1011/95