HomeMy WebLinkAboutSouthern California Edison Company - SCE - 1976-10-27 3
SOUTHERN CALiFORNIA ED`ISON COMPANY
LL ASN
ri.
:"dlS LEASE, executed i u lica>~e at # . :
Calitor nia, 1-hisday of �6tzveem
SOUTHERN CALIFORNIA SDIS014 ^OMPANY, ereartet ca Pd Lessor, and
the CITY OF HUNTI,NGTON BEACH, a municipal cor-poration, hereafter r.
ca?led Lessee, without regard to number car gender, ra
W I T H E 3 S E T H
Lessor herab_y leases to Leasee, and Lessee hires 'from
Lessor , those certain premises with the ;appuruenancep,, situated
in the City of Huntington Reach, County of Los Angeles, with the
rtree"t address of 538 Main Stretm "c, Huntington Reach,, California
92648f and more particularly described on Exhibit "A'" attached
hers°to and 5y this reference made apart- hereof, subject to gov-
ei nmental regulations and matters of record, for and during thc,
team of F_VE (5) YEARS, commencing on April 1, 19116, and ending ;'
on March 31., 19�81.
ft is fuither mutually agreed between the parties as
tollowsa
t
2. RENT:
The Lessee agrees to pay as rent for the said premises
the sum of SFVENTY-TWO TNOUSANL DOLLARS ($7 2,100J4) for the full
y term hereof, payable at such _place as may be designated by Lessor
in w iting,, in lawful money of the United States of &ierica in
N equal monthly installments of One Thousand Two Hundr Dollars
z ($1,200) :ir advance on the .First day of each month during the tern
hereof as said term is fixed under the preceding paragraph her.'iaf.
3. USE:
Premises are leased to the Lessee for offices, for its
{ manpower deve'Qpment opera none and employee and cus.to er pat kln�i
used in connection with said office. Lessee shall ,got use of peter
mit said premises or ani' part thereof to be used for any purpose
or puttposes other than the dur:pose or purposes for which !:he said
premises are hereby leased.
4. WASTE
Lessee shall not commit, `Or (suffer to be committed, any
Taste upon said premises,. or any nuisance ,
61 ..
3 &
{ 5. ORDINFNCES:
Lessee shall, at its solve cost, comply with all cove-
nants, conditions, and restrictions of record, of any and a
ordinances, statutes, rules, and regulations of any l.ae'ful author-
ity c ;w in force or which may thereafter be in force, relati,g to
the use of said premises.
s
6. REMODELING AND IMPROVEMENTS
"essee shall have the right, at itt sole expense, to '
suitably remodel ::he buildings on the premise-,s and to make other
improvements to said premisesF provided that the plans and speci-
fications in co:rintacti )n therewith have been submitted to and
approved by Lessor prior to the commencement of any such wcik.
: Any such remodeling we k and t�e.r improvements, except movable �^
furniture and trade fixt : es, shall at once become part of the
realty and belong to the Lessor . Any and all costs of such re- I
ry modeling and improvements shall be paid on or before the due date
by the Lessee. rvv#
7. FIXTURES:
All sign. and all fixtures end equipment which have been
4 or may be installed, placed or attached in or about demised preen-
ices .by Lessee shall always remain the property of Lessee and upon
termination by expiration of time or otherwise of this 'ease, ur
at any prior time, Lessee may remove all or any of said signs,
fixtures and equipment so instclled, placed o attaches', provided,
however, that any damage caused to the derised premises by reason
of such removal shall be repaired and paid by Lessee. Lessor may
at the termination of this lea.;e a , its option require the re�oval
by Lessee at the expense of Lessee of any signs, fixtures, equip-
dent o!: other property installed, placed or attached to, in, or
about the demised premises by Lessee. Arty property of Lessee not
removed fro , the said premises prior to the termination of this
lease shall at the option of Lessor be deemed abandoned by Lessee
and be and become the property of Lessor.
S. TAXES AND ASSESSM,ENTSa
Less;-e agrees to pay ¢,hen due all. neraonal property taxes
and asses;agents which ita be le rigid aaan;st the leased premises, and
,aoree� to keep said premises free from all .liens; and encumbrances by
..eason of the use of occupL,acy of said p• taperty by itsel i or any
per.-:on, firm or corporation claiming under i';. In the event Lessee
shall fail to pay the above mentioned assessments, char,es, or liens
when due, Lessor shall have the right to pay the .same and charge the
anoun:t thereof to Lessee vbo agrees tr pay the same oo demand, to- ;
gether wri .h eight per:ent 8 ) per annum interest from the elate of
expenditure by Lesson _
,ssor agrees to pay, during the term of this lease, such
City,,, Coup-,y, ;and State :.weal property taxes which may, from and
after the elate of the commencement of this lease ;and continuing
throughout the term thereof, be legally assessed, againstoc become
a lien on the demised premises.
Lessee shall pay before delinquency all propei ty- taxes and
assessments on the furniture, fixtures, furnishings, equipment, and
other property of Lessee at any time situated on or installed in the
_ -
demised premises, or elsewhere, anti ir. adoition, on improvements
in the dem .sed premises made or installed by l.esrse subsequent
to the commencement. date. If at arty time during the term of this
lease any of the foregoing are assessed as a part of the real prop-
erty of which the demised premises are a past, Lessee shall pay to
Lesson upon demand the amount of s:xch additional taxes as may be
levied againNt said real property by reason thiE�,reof, For the put---
Y poses of determining said amount, figures supplied by the County
_. Assessor as to the amount so assessed shall be conclusive. when
r
possiblt .. Lessee shall cause said trade fixtures, furnishings
equipment, and all other personal property to be asse,-serf and
billed separately from the real property of Lessor .
9, UTILITIES:
Lessee shall pay for alb charges and other assessments ;
for and in connection with water, gas, electri_clty, telephone ser-
vice, and other uti?.itles which may be furnished to or used upon
the premises by Les,%ee during the term of this lease or aay
renewal or extension thereof. fib:
10. ACCEPTANCE OF PREMISES:
By entry hereunder Lessee accepts the premises as being
in good, safe, and sanitary order, conditioai, and repair and agrees
on the last day of said term, o-• sooner termination of this lease,
to surrender unto Lessor said premises wit'i said a-ppurtenances in
the same condition as when received, reasonable use and wear, end
damage by fire, act' oi: CQd, or by the elements excepted.
Luring the term of this lza.se, Lessee agrees to maintain
the premises and appurtenancev to good at safe condition„ taking
all a eces:sa;:y precautions for the safety of all persons or employees
easing the demised premises.
11. MAINRI'ENANCE;
Lesst,e shall at its sQie cost keep and maintain Lhe
demised premises and appurtenances and every part thereof, includ-
ing wixr3ows and skylights, if any, sidewalks adjacent to said prem-
i,ies', any stone front, the interior of the premises, and the parking
lot in goad and sanitary order, condition and repair, hereby wa',ving
ail right to maks r-�pairs at the expense of Leasor as provided in
Sx.:ction 1942 of the Civil Code of the State of California and all
rights pr-)vided by Section 1941of said Civil. Cope. Lessee agree:
to provide at its sole cast normal routine monthly maintenance for
the central air conditioning and heating system. Lessor shall have
no duty, obligation or liability whatsorveti to care for or maintain
the demised premises or the building of which the demised premises
may be a portion except that Lessor agrees to be xespons b'.. for
unusual repairs to the air conditioning and heating system.
In the event Lessee fail.$ to make the repairs required to
be made by Lessee under the terms c.f this Lease, Lessor may (but
'.' shall be under no obligation so to do) enter upon the demised prem-
ises and wake said Xepair s and charge the s hat thereof to Lessee
as Part of the oext installment of rent, together with nine (9)
percent inttertezt from the date of Lessor's payments and Lessee"
promises aqd agrees to pay the cost ther�:of as her inbefore
' provided,
3
14 t LIENS:
_ 1
Lessee shall keep said premises free of all liens arising
out of work done for or debts or taxes incurred by or assessed to
Lessee and agrees to hold Lessor htn. less therefrom.. to L-s!�,or
discharges any such lien, Lessee agrees to save Lessor harmless
therefrom and to pav lessor the cost of discharging such: lier, with
interest at nine (9) percent per annum From the date Lessor dis-
charges such lien, together with Lessor's costs andreasonable
attaTney's fees :in connection with the settlement, trial , or appea.l
of any such lien matter, paXable with the next installment of rent
due.
13, MULTI HARMLESS: � M
Lesst4,, as a material part of the consideration to be
rendered to Lessor;, cotenants and agrees to indemnify, hold harm-
less, save, and defend Lessor from am. against any and all claims,
e Liens, liability, loss or damage, including but not limited to,
cost, expenses and attorneys' fees, whether or not caused by the
<` actual or claimed negligence (active or passive) of Lessor or ;
Lessee, their agents or employees, either as the role or as a con-
g tributixig cause, for loss of or damage to or destruction of prop-
erty owncd by Lessee o- others, in crs tody of Lessee at the demised
x premises, bodily or personal or other injuries, including death,
F at an,/ time resulting therefrom, sustained by any 1;erson nr persons,
including, but not: limited to, any employees ar i-. presentatives of Y,
Lessor or Lessee arising out of or in connection with, directly
or indirectly, the demised premises.
Les.',ee further coverants and agrees to indemnify, hold
harmless, save and defend Lessor from and against any and all .'
claims, liens, liability•, to 4s or damage, including, but, not
limited to, cost, expenses, and attorneys' fees arising„ otit of
Lessor's obligations under the California Safe Plane Staatut^s or
any sini'lar laws or statutes pertaiping to the provision of a
safe place or safe equipment to employees.
14. INSURANCE:
Lessee hereby waives any and all: rights of action or
recovery against Lessor for `1oso of damage to or de;truct:i.on of
property ;f Lessee or property of others in custody of Lessee on
the demised premises occasioned by perils insured in standard fire
and -xtended coverage -,r.surance policies.
The estit.,ated va ie of the structure shall be $227,0M
Lessee `shall prr,lure ano supply 'to Lessor a written waiver of sub-
rogation for the benefit of Lessor on ail fire and extended coverage
iia rurance policies parried ley Lessee inuring Lessee's p Irty
at the devised premises.
The Lessee agrees, f,,u it+i sole expense, to secure and
keep in :fore throughout the term of this lease, or any extension
thereof, comprehensive bodily injury and property damage liability
insurance; including contractual liability, with limits of not less
than $500,000,00 for bodily injury or death sustained by any one
per,,,;ont $1,000,000,00 for bodily injury ow death sustained by tlao
or more persons; and *t]t1C7.ill; for property damage aril sing out
of any one occurrence. Such insurance is to be placed with corn-
parries and be in a form satisfactory to Lessor and :shall he :in the
name of, the Lessee with: the Ussor TAamed therein as 'additional
xz tr d Included in the 1 Cy-or policies of liability insurance
..,1�
shall be a standard waiver of right of subrogation_ against Lessor
by the insurance company issui ,g said policy or policies. It is
further agreed that the policy or policies so secured and main-
tained shall specifically provide that any other insurance carried >
by Lessor which may be applicable, shall be deemed excess and non-
contributing and the Lessee's insurance primary despite any con-
flicting ,provisions to thn contrary; and the said insurance shall
contain: an endorsement providing that such insurance coverage as
is provided for therein shall apply to the obligations assumed by
the Lessee under this lease. Said policy or pnlicies shall furtherprovide that in the event of chancre orcancellation, the Lessor
shell be given thirty (30) days prior written not -.ce thereof,
directed to Southern California Fdison Compa. v, Insurance Digision,
Post Office Bow 300, Ro,seme�,: , California 91'j 70. Certificates of
insurance (or upon demand, certified copies of policies) shall be "
filed with the Lessor. ,
r 15. LESSOR'S RIGHT Or FN c RY
Lessee shall p- -:mit Lessor and his agents to enter into
and upon said premises at all reasonable times to show said preen
ises to prospective purchasers or fur the purpose of inspect=na
the same or for the purpose of gaining access to its faciliti-E!s
located on Said premises, or for the purpos.- of posting notice of
non-liability for alterations, additions, or repairs, or frn� the
purpose of placing upon the property in which the said premises
are located any usual or ordinary "For Sale " siclis, 'without any
rebate of rent and without any liability to Lessee for anv less of
occupation or quiet enjoyment of the premises thereby occasioned;
and shall Hermit Lessor, at any time within ninety (90) days px'_-- y
to the exp?.ration of this lease, to place upon said premises az,
usual, or ordinary "To Let" or "To 'Lease signs and to show pro, ty
to prospective tenants.
1r>. SIGNS;
Lessor has reset vedd the exclusive right to the exterior
sidewalls, rear walls, and roof of said premises, and Lessee shall.
not place or permit to be placed upon said side*aall_s, rear walls,
or roof any sign, advertisement, or notice without the prior
written consent of Lessor.
17. _ABANDONMENT
Except for, termination of this lease in accordance with
P'ajagraph 18, j, ::ssee shall not vacate or abandon the demised urem
ices at any time during the term hereof. If Lessee shall abandon,
Vacate, or surrender said premises or be dispossessed by process
of law or otherwise, any personal property belonging to Lessee and
heft on the premises shall,, at the option of Lessor, be deeioed
abandoned by Lessee and shall forthwith become the property of
Lessor,
18. LESSEE'S TERMINATION RIGHT:
In the event, federal funding being provided Lessee for
manpower development operations should no longer bQ available to
Lessee, Lessee shall have the right to terminate this Lease by
gi ing Lessor thirty (30) days prior written notice of its intent
to do so, and upon the expiration of thirty (30) days from the time
gaid. -notice is received by the Iessor this lease shall terminate
t:
As a condition precedent to the effectiveness of said termination
notice, Lessee is required to provide Lessor, along with the n-:`rice
of torenination, written evidence of the cessation of federate `Ind-
irg from the federal agency providing such fundirg .
19. PARTIAL AND TOTAL DESTRUCTION:
In the event of (a) a partial destruction of said premises
or the bui�_Aing containing same during said term which requires re-
pairs to either said premises or said building, or (b) said premises
or said building being declarew unsafe or unfit for occupancy by and
authorized public authority for any reasor other than Lessee's act,
use of occupation, which declaration requiras repaira to either said
premises or said building, Lessor shall forthwitn make such reioairs
required, pro,rided, such repairs can be made with4 one hundred
twenty (120) days under Lha laws ;and regulatii�ns f authorized
public authorities, but such partial destruction (including any M �
destruction necessary it order to make repairs required by any such
declaration) shall in no way 7nnul or void this lease, except that
Lessee shall be entitled to a proportionate reduct-on of the miT'iMuM
rent while such repairs are being made, such proportionate reduction
to be based upon the extent to which the ,making of s•ich repairs �
shall interfere with the business carried on by Gecaee in said prem-
ises; provided that in making such repairs Lessor should be obli-
gated to replace only ,such glazing as shall have been damaged by
fire, and other damaged glazing shall be replaced by Lessee.. if
such repairs cannot be made within one hundred twenty (120) days,
Lessor may, at its option, make same within a reasonable time, this
lease continuing in full force and affect and the rent to be pro
poitionacely abated, as in this paragraph pt'ovided, In the event
that Lessor does not so elect to make such repairs which cannot be
made within one hundred twenty (120) days, or such r+;pairs cannot be
made under such laws and regulations, this lean: may be terminated
at the option of either party. In respect to any partial. destruc-
tion (including any destruction necessary in order to make repairs
required by any such declaration) which Lessor is obligated to re-
pair or may elect to repair under the terms of this paragraph,, the
provisions of Section 1932, Subdivision (2), and Section 1933, Sub-
division (4) of the Civil Code of the State of California a.re Y -3
by Lessee. In the ;event said destruction oa damage is substan,
and occurs during the last six (%) months of the germ of this i
Lessor, at its option, -nay ter•mir.ate and cancel this lease., n
destruction (includinq any destruction required by any authorizt�t
public authority) of e ther said ?:remises or said building steal
terminate this lease.
20. CONDEMNATION:
(a) In the event of any taking or damage of all o
part: of the demised premises or any interest therein by reas•,n ..,t
any exercise of the power of eminent domain, whether by a condem-
nation proceeding or otherwise, or any tra}asfer of all or any part
of the demised premises or any interest therein made in avoidance
of an' exexcise of the power of eminent domain (all of the foregoing)
being thereafter referred to as "aopro,,sriation") during the term
hereof (or any extension or renewal t'.,ereof) , the rights and obli
gat ons of Lessor and Lessee with respect to such appropriation
shall be as hereafter rrrovided in this Paragraph 20.'
(b) In the event of an appropriation of all of tte
de-raised premises, this lease shall terminate: as of the date of
such appropriation,
{
(c) In the event of a:; aprnopriation of less than all
of the demised premises, this lean shall continue in 'full Zorce
an.; effect except as hereafter provided in this subparagraph (c) .
The total lease rental fc.r the remainder of the term immediately
prior to rppropriation shall be abated in an amount which bears
in the sane ratio to such total, lease rental that the value of
the portion of the demised premises so appropriated bears to the
value, cf the entire demised premises lumediately prior to such
appropriation. The demised premises shall thereafter be redicecd
�oy the p;3r.tion so appropriated. If the appropriation shall sub--
stank Tally impair the use of the demised 'premises by Lessee,
Lessee shall have the right to elect to terminate this lease. Any
such electicn shall be made b, written notice from Lessee to Lessor <
c,n or before thirty (30) days after the date of the appropriati^n. '
Any st.,ch termination shall be effer.t.ive as of the date of ,the:
Q appropriation. y Y
(d) Any compensa' ion awarded as damages for the taking
of said premises or the appurtenances thereto, toaether with any
r r i�avprance aamage;s, shall be the sr c- property of .�essor, except
to the extent that any award is mad. For tra6e f_ixLures or equip-
f ment of Lessee which are no` ref said real property and except
to the extent that Lessee aid for moving costs. " y
�l•
MSIGNMENT can SUBLET IN'G:
Lessee shall not assign this lease, or any ince.rest
therein, and shall not sublet said premises, or any pact thereof,
or any right or privilege appurtenant °.hereto or suffer any other
person (the agents and servants of I,i� ,see excepted' to occupy or
use :szid premises, or any portion ;•.he►:eof, wither t the prior written `
consent of Lesser, and a consent to one assic�.lment, subletting,
occupation, or use by any other pet son shall not be deemed to be a
consent to any subsequent assignment, subletting , occupation, or
use by another person. Any such assignment or subletting without
such con:5ent shall be void, and shall., at the option of Lessor, ,
terminate this lease. This iaase shall not, nor shall any interest
therein, be assignable as to the 'iiiterest of Lessee, by operation
of law, without the written consent of Lessor, Provided, however ,
that Lesaor shall not unreasonably withhold 0,s consent to sublease
'f Lessee and ;Sublessee remain liable under this lease
22. BANKRUPTCY:
In the event Lessee suffers the appointment of a 'Receiver
to take possession of all or substantially all ot the assets of
Lessen, and such Receiver is not removed within thirty (30) days,
or makes a general assignment 'tor the benefit of creditors, or takes
or suffe, to be taken any-inse:lvency or bankruptcy proceeding,
Lessor r at its option, terminate and cancel this lease.
23. LBSSEV S BRE.ACg
In they event of any breach of this lease by Lessee, then
Zressat , b sides )ther rights or remedies it may have, shall have
th; immediate i ii't oaf reentry and: may remove all persons and
property frrm the premises, such propercy to be removed and stored
In, a pvblic warehouse or elsewhere at the cost of, and for the
account of, Lessee. ,)uld Lessot elect to reenter , as herein
provided', or should it take possesal,,;n pursuant to legal proceed-
ings or pursuant to any, notice provided for by law, it may exti�;er
y
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terminate this lease or it may fro;z t,_. to time, without termi-
nating this lease, relet said premises or any part thereof for such
term or terms and at such rental or rentals and upon such other
terms and conditions as Lessor in its sole discretion may dean
advisable, with the right to make alterations and repairs to said
premises. Ea_nLals received by Lessor from such relett aq shall be
applied: First, to the payrterdt of any cost of such reletting;
second, to the payment of the cost of any alterations and repairs
to the premises; third, to the payment of any indebtedness other
than tent due bereunder from Lessee to Lessor; fourth, to the pay-
ment of any rent due and unpaid hereur,:ier:; and the residue, if
any, shall be held by Lessor and applied in payment of future rent
as the same may become due and payable hereunder, Should such
rentals received from such relettinq during any month be less than
that agreed to be paid dur _nq that month by Lessee hereunder or
less than the average 4otai monthly rent paid by Lessee during the A
twelve months preceding the breach of this lease by Lessee, which
ever; is greater , then Lessee shall pay such deficiency to Lessor .
Such deficiency shall be calculated and pair, monthly. Lessee shall
R also pay to LesGur , as soon as ascertained, Lhe costs and expenses
-incurred by Lessor in such reletting or in making such alterations
and repairs- No such reentry or ` aking possession of said premises
by Lessor shall we construed as an election on 'is part to termi-
nate this )ease unless a written notice of such intention be given
to Lessee or unless a termination thereof be dccreeri `uy a court of `
competent jurisdiction. Notwithstanding any such reletting without
f termi►;ation, :Lessor may at any time thereafter elect to terminate
this :.!ease for any breach. In addition to any other remedy the
Lessor may have, if Lessee breaches this lease; �+ncd abandons the
premises before the end of the term, or if Lessee's right to pos-
session is terminated by Lessor because of a breach of the lease, '
then ,in either slrch case Lessor may recover from Lessee all damages
suffered by Lesson: as the result of Lessee's failure to perform his
obligations hereunder , including but not limited to the cost of
recovering the premises, and the worth at the time of the award
(computed in accordance with Paragraph tb) of Section 1951.2 of
the California Civil Code; of tae amotint by ;which the rent Lhen
unpaid hereunder for the balance of the lease ter': exceeds the
amount of such rental loss for the same period which the Lessee
proves could be reasonably avoided by Lessor . The remedies given
Lessor under the terms of this lease shall be cumulative and in
addition to any other rights or remedies which Lessor may hare at
law or otherwise.
Lessor reser,'ves the right to continu_ this lease in
effect for so long as the Loesox does not teminate zh- Lessee's
right to possession an4 Lo enforce all its rights and remedies
under this lease, including the right to recover the rent as ;t
becomes due under the lease, in acr ardance with the provisions of
Section 1951.4 o!t the Civil Code.
24. INTERESTS LSRSL SUBJECT TO;
This lease is subject to any mortgages, trust oeeds, or
other liens which are or may be against said premises or the buil.a-.
ing located on said premises, and is further subject to covenants,
cond" tions, restrictions, reservations, encumbrances, exceptions,
rights, licenses, and easurtents, whether of record or not.
The voluntary or other surrender of this lease by Lessee,
or a mutual cancellation thereof, shall not work a merger and
shall, at the option of Lessor, terminate all or; any existing sub-
leases or subtenancies, or may, at the option of Lessor, operate
as an assignment to Lessor of any or all of aich subleases or
subtenances,
} 26. ATTORNEY'S FEES:
if either party t,a this lease brings an action to enforce
the terms hereof or declare rights hereunder, the prevailing party
in any such action shall be entitled to reasonable attorney's fees
as fined by the Court incurzed in the trial or appeal of such
matter ,
iy
27 NOTICE TO LESSEE: �. .<
All notices to be given to Lessee, including any notice �
referred to in Section 1162 of the California Cade of Civil Pro-
cedure, may be given in writing and ser,.ed personally or, by
&-positing the same in the united States main, registered, postage
prepaid an 1 ,,Adressed to Lessee at said premises, whether or not
Lessee has departed fromt aba4doned, or vacated said premises.
28 x NOT IC-" TO LESSOR:
All notices to be given to Lessor miy be mailed by
x.�
United States mail , registered, postage prepaid , addressed to the
address indicated below or �urh ,ether address as Lessor may
designate in writing
2g WAIVER:
The waiver by Lessor of any breast, of any term, covenant
or condition herein contained shall not be deemed to be a Fraiver
of such term, covenant or condition or any subceguent 'bieach of
the same or any other tern, cuverxant or condition herein contained ,
30. BOLDING OVER
Any holding over after: the expiration of the said term,
with '-.he consent of Lesscx , shall be constx ued to be a tenancy
from zonth to month, at a rental of ')ne Thousand 'Two 8undred
nollar s ($1r200} a `month, and shall otherwise be on the terms and
conditions herein specified so far as .applicable,
31, AUCTIONS,
Lessee shell not conduct or cause to be conducted ary
auction, fire{ ;closing-out, goinga-out-of-business, or bankrvptcy
sale on said premises or the appc;rtenanees thert,to without the
r 'or written consent of Lessor .
'. BINDINulw ._ MODIFICATION, ETC. :
This Lease shall be binding �pon the parties boreto
taf:#;ir 'heirs, executors, administrators, successors and assigns;
no assignee fot the benefit of creditors, trustees receiver or
referee in bankruptcy shall. acquire .any rights under this lease
by virtue of this paragraph; this lease may be modified in writing
only, It con:stitutcj the entire agreement of the parties who
acknowledge that no oral or other representations have been made
by themselves or any agent of either of them with respect to the
conei.tion of !>aid premises or any obligation of the Lessor here-
under or otherwise.
33. RIGHT OF FIRST REFUF-Ab:
It is expressly agreed that Lessor shall have the right a
to sell the p;ropeit leased herein, or any portion thereof; how- .A
ever, Lessee shall have the right of first refusal to purchase
said property, or portion thereof, during the term of this lease,
on the same terms and conditions as that established as a bona
fide selling price Between Lessor and a third party. Before Lessor It
sells said property described in this .lease sir a portion thereof
to a third party, Lessor shall first give a written thirty (30)
day notice to Lessee of Lessor's intention to do so. Said notice %
steal' specify the terms and conditions upon which it intends to s �;
make ouch sale and shall contain an offer to sell to Lessee upon
said, terms. Lessee shall have the said thirty (30) days .after �
receipt of said nos-4ce to which to accept or reject said offer.
The Lessor shall. not sell said property at a lower pr:;ce or on ,u"A
terms more .favorable to a third d,arty than those spec .fied to
said Lessee, and any sale not in conformix_ with this paragraph
shall be null and vein. If Lessee shall, not give Lessor written
notice of accegtan(,e of the offer above referred to w1t,hi.n said
period of thirty (30) days, Lessor shall have the ric;ht to sell
to a third party at the price and on th? terms and conditions of
said offer. .said sale to be made only Subject: to thi;. Lease
Agreement includincl this 'Par 43raph.
However, Lessee's right to first refusal shall not apply
when Lessor desires to Bell said real property to its affiliate
company, A.�.aciated Southern Investment Company,: and Lessor.•. re
serves the right to sell, the real property hereinabove described
to said �tfi.liate company at any time daring the term of this
lease, subject~ to this lease.
C 34. OV'RDUE RENT
If any rent or other payment under this tease is not
paid within fifteen (IS) clays of due date, Lessee will pay a late
change of ten (i€?) percent of the delinquent amount However,
this provision shall not relieve tenant from default. A delin-
quency by Lessee of over thirty (30) days may be deemed cause for
cancellation of this base by Lessor ,
This lease shall be governed by and enforced in
accortdarzce with the laws of the estate of California..
36. PUBLIC UTILITY C214 IISSS �RULE 6. 3 8:
it is expremsly understood and agreed that this lease is
given pursuant to the authority of and upon and subject to the
conditions prescribed by General Order No. 69-B of the Public
Utilities Commission of the State of California dated and effective
Septerrioit:r 10, 1963, which by this reference is incorporated herein
and made a )art h(x eof.
a
37. CRIMINAL ACT, VANDALISM, MA-11CIOUS MISCHIEF:
Lessee shall pay for all, damage to the demised premises
caused by any crin' -.i act or any act of vandalism or malic. o"s
mischief except t., y extent Lessor receives insurance procepds
5 in compensation f, "h damage,
38. PARTIAI, INVAI .. ITY
fir.. if any term, coven�ttt, condition or provision of this-lease .
is held by a court of competent jurisdiction to be invalid, void or
unenforceable, the remainder of the provisions hereof shall remain
in fall force and effect and shall iD no way be affected., impaired
o� invalidated thereby. Kp
39. Paragraph headings are not a part of this lease, w;'
G
IN WITNESS WHER40 , Lessor and Lessee have executed this
lease on the date set oppcsiee their signatures.
SOUTUERR CALIFORNIA rDISCN C PANY
r rt
DATED �� By
ianaaer AlgEt of 'Ways and ,.,and
k
f Department
By
A res`Toi-3 ME13es Ass nt Secretary
LESSOR
CITY OF F3UNTINGTON BEACH
Qp By
Address for Notices CM
LESSEE
VEO Az TO
DON PµSCtWA�
€ter Attome �` "
Attached to and fori.�ing an integral part of the lease
between 5ouf:fern California Edison Company and City of Huntington,
Beach,
DESC- 2TION JF LEASED PREMISES
(53a Man Street,_
Surtington, Beach, California 92648)
That certain building and parking area situated on that
certain real property in the City of Huntington Beach, County of
Orange, State of California, described as follows.
Lots 28, 30, 32, 34, 36 and 38 in Block 04 ;
of Huntington Beach, gain Street Section, as ;per
:yap recorded in Hook 3, page 43 of Miscellaneous
Maps, in the office of the County Recorde, of said
County, _ ,p� .
Subject to covenants., conditions, restric-
tions, encumbrances, exceptions, rights, licenses,
and easoments, whether of record or not..
y>
... All
43
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eo
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�, F,,Tvil�-0�.J �jlLe �.Xi' 9evY Y'ih,J�rpwq!�+C' vri.+�"��»n lfs�.�.�L v..e sslY�x �ue�+I.o'�w'•%r�xfK+Y. �»s r1 '
1
AND W(OW-0 NOT O-V MADE A-PAW OF ANY 196"U etFKT4 �
A ram✓° �.+a.'�'�,�� :.r"4•i.
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., File I0 04-69--023
TEMPORARY ENTRY PERMIT
Permission is given to
the City of Huntington Beach
�.,..,,�-.....�.._.:.,...�_�._....
to enter upon the Southern C.1,lifornia Edition Company*s property located at 538 Main Street,
Huntington Beach
_.. F(rY OR TOWN ..__.
forthepurposeof office use for Manpower Development }
NATURE OF aSE -
for a period of indefinite time Commencing. December 15 �,l:9 75
and endinG-
upon execution of a Leas--�reeiaent
cY. Subject to licenses from the Southern California Edison Company as follows
and all other licenses,co^enants,conditiou r-strictions,reservations,rights and easements whether of record or not. r�
Parmittee agrees, for itself, and for its anti their agents and employees and any perseac or person,, clairni g- under the
Fermittee,tea save harmless and indemnify the Southern California Edison Company,its successors and assigns, anti its and
" their officers,agents,employees,tenants,licensees and permittees from and against all claims,demands,toss, damage,ac`ions, 1 '
causes of action,expense andfor liability arising or growing out of doss of or damage to property including the property of ,
the Siuthern California Edison Company,its successors and assigns, and its and their officers, agents, employees, tenants,
licensees,and permittees or injury to or death of persons resulting drt any manrer, directly or indirectly,from the maintenance,
use, operation, repair aad presence of said use. Permaitee agrees to furnish evidence of Insurance in the amounts of: '
not less than $100,000.00 combined_ single limit liability w
insurance. Southern California Edison Company to be added to
the pG icy as aa additional insured. l�
IK} 7€2Cs�kCfiI � xXtTIf l
"
' � uayru`YY1CI.at�A+.LfFr�{s�Gl'4�Q}�.SM 'AA6RIIL�A. ",•i ',
Permittee agrees to lock all doors at end of work day and during nonuse of the property.
it is expressly uaderscood by all parries, to this ar•eemert that rermittee takes the rrentiscs as i<,, and that
F ; Southern CAlifornin. Fdison{'Company makes no repreFuntation.covenant,wartantv,orpttamise that the said premises
are fit for any particular use,including the use for which this agreement was entcred into.
There will be a fee of
�lL J
200.00 First months rent)
payable in advance,for use of Said premises.
'his permit is for the sole use and privilege of above-named pernuttee and cannot be assigned or transferred.
This pevwA is revocable immediately at it be sole option and discretion of the Southern California Edison Company and the
permittee agrees to peaceably surrender premises upon written or oral:demand by the Southern California Ldison Company
or its authorized representative.
This permit is issued subject to Gmcral order'Nr-69 13 of the I ublic utilities Cornniission of the Sure of California dated
and effective September 10,1963,which Gencral larder NO,69-13, by this reference,is bereby incorporated he ,ita and made
a part hereof,
Upoo'termination of this agreerazrit the permittee agrees to restore the premiers to a Condition as close as possible to that
`"vncca they entered upon said prendses and further to
surrender all keys to said ,'o fice which have teen is.,5ued to th-=_Qr
made at their directig „
T agree to comply with all of the ut rn Catifornia UiCn Company
alaave�onrlitionx, 't�q`,', ,
C1 rA HUNT-IN ON I3]SAC I
:. MAMh.^,.[R OF R!w'cwT Cr rNkv M1NL7"*NC,
�. PAY Soar iJ10, Long tiearh„California 90801
StaGNA34.artt:tar•ns:RM,rYa� �-�,�� ,,.—*
Datr
Ku7OA "sIs
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City tto=',tg.y°
AMM $to te# 1XV#W as �y,
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1 °• CITY, OF HUNTINGTON BEACH CA 76=15P
COUNdIL - ADWNISTRATOR COMMUNIGA7(0�� '
{
TO The Honorable Mayor and From Floyd G. Belsitc.
City Council Members City Administrator
}
Subject LEASE AGREEMENT Date October 5, 1976
r ,
e
Attached is a lease agreement between the City and Southern
California Edison Company for the City to lease the former
Edison downtown office located at 538 Main Street..
The CETA Program offices and Training Center will be
located in the building, and the $1,200 monthly lease
r' Pa-rAietxts will be paid by the CzfiA Program
0001,N- tNIDATIO
Approve the lase agreement between thy. 'it4 and Southern'
California Edison Company,
Respectfully submitted,
Flo Belsit9 . •' ;may`
City Administrator ? '
F"GBbb
' Attachment
t,
s
1 rF "
L4 ,j
City of HuntingtonBeach
` P.O.BOX 7�1 CALIFORNIA 9264$ 1 .
CITY"TREASURER—WARREN G.HALL
June 7; 1976 ,
Jones,Gillespie S Goppert F
207 Fifth Street
Huntington Beach, CA
,t A ttn, Mr.. "Hal Brick
Re: Edison Building,, 538 Main Street, Huntington Beach 4`
It is required by the Lease soon to be signed that we furnish
insurance as f6llows . Certificates to be delivered to my offic
for delivery to Edison Co.
1., Liability Indemnification as an additional insured.
2. . fire & Extended coverages for a value of $185,000,.00 as
fury-shed me today by Mr. H. W, Compton, Manager. lluntingtmn
Beach for So. Calif. Edison. Co.
Furnish. premium billings (if any) f,>, the account of City of
Huntington Beach Manpower Aemini.strati on
Any quei tons-,as sae.
J
p
tuarr�n G. Hall
city Treasurer/Risk Manager
Att cc. Temporary L'rt"ry Permit File #04-69-023
cc,--City Clerk
H.V. Coizspton So, Calif, Edison
Art DeLaLoza
Bud Bel.4i.t '
Bob Cunningham
ci
X
City,* o"r Hunfinuton beaCb
PO fox 190; 5,70 Pei.w Avtmiip • Mlr!W-o1Eon Bead C. ;fora,a g264B "
+ 714 53t'2521
s�..
December 19, 1975 :
Mr. David Rowlands
City Administrator
City of Huntington Beach
2000 Main Street
huntington Beach, CA 92648
Dear :fr. Rowlands
x have-received and review^d the Temporary Entry Permit from Souehern
Californiawt Edison Compatiy for the lease of the Edison Company's property
located at 538 Main Street, Huntington Beach.
The rental fee of $1,200.00 per month and the estimated costs of
remodeling and office furniture of $25,fi00..00 to $35,000.00 have both been
budgeted and approved by the Oreage County ;Manpower Ccmmission.
Due to the nature and e,ttent of the remodeling required, if 'we are to
proceed with plans to move into this new builc,ng, we must view this Tempor-
ary Entry Permit as a permanent agreement.
c
711is move will prove to be of great value to the citizenry of Huntington
Beach. With the added space we will be able to deliver bzztter employment
services, provide space f-,ar classrooms, implement a program with the StatN
Department of Rehabilitation, and improve facilities for our State Employment
and Development Department installation. We will also relocate the Coastal
Employment Center to the new building, therefore releasing the Firehouse at
17211 Beach Boulevard to the City for sale.
Due to the time that will be required for remodeling, 'T would appreciate
your approval as scion as passible.
Sincerely, '
beat s.. Cunningham -
Manpower director
3
,
Southern California Edison Company
'+Ji`tr,NGION 13EAeC-H CA_. {')R iA :fir Mdr A
fi.W.COMPTON December 12, 2475
ttAMAQE R,NPNTYNGTON aE:4G M Lg--.,:
#71
Mr. David 0. Rowlands I
City Administrator
City of Huntington Beach
P. 0. Box 190
Huntington Beach, Ca. 92648
SUBJECT: Building Lease, 538 Main Street, Huntington Beach
Maipower Development
Dear Mr. Rowlands:
Enclosed are two codes of a Temporary Entry Permit for our build-
ing at '538 gain Street, Huntington Beach, The Permit includes the
monthly fee of p1,200,00, which. will be included on the Cease Agree-
ment.
Please have the copies executed and return the "File Copy" to this
office,
The execution of the Lease Agreement will require another, thirty to
forty-five days for completion,
The i_ease Agreement will be similar to the previous agreene t executed
for the Library's use, and t ted in July of this year.
x am sorry for the extendec in securing the necessary documents
and l~ hope this Temporary E d t meets wi._h your approval
Fours verb truly,
H. W. Compton, Manager
Huntington Beach
H�C.imr
focl osure
r _ ,
CITY OF HUNTINGTON BEACH �
INTER-DEPARTMENT COMMUNICATION
5 To David D. Aowlanas, From Robert L. Cunningham ._
Oity< Administrator Ha-apower Director
„
Z. Su jeet status Report of Title X [date January 4, 1976
As- you are aware, the guidelines of our Title X grant require that Y '
we complete our planned projects within one year; Huntington Beach is !n
nuia 90 days behind ,schedule..
We are in a difficult position with regards to our projects that have
been considered for construction; no s .tes are availlble to implement Title K.
a Of all the projects, the Edison building Is the o.,iy one available on which
we can begl!7 immediate construction. However, as we must coordinate the
hiring of approximately 20 skilled craftsmen with thr Personnel. Department,
{ and the requisitioning of lbuild,ing materials with rG Public Works. Department,
it is imperative that we get approval ;from the City Council as soon as possible.
4, Each two--week, delay on such approval equates into another month's delay in
hiring. Unless construction_ commences immediately, we will be: unable to ful—
fill the requirements of this grant.
At-tachea is a progress report as to hv,4 and Nhere we stand on each
individual project. i am ,available to attend Council meetings and sturly
sessions should the: Council need any further irformvtion in regards to this
matter.
F Sincerely;
obert Cunningham
Manpower Director
Enclosure
mom-
BAC£:GROUNID: DELAYS IN I-TLEMENTATION OF TITLE 'X
On 'September 4, 1975 the MnnpowNr Adndni.tration submitted an application
in behalf of the City of Huntington Beach fo7 ?107,000 in Title X federal
funds from the Department of Commerce. Huntington Beach understood, as did all
applicants, that cbere were certain guidelines and constraints on Title X
funding, The 'major constraints of pertinence to this report are as follows.
1. Tit;1P X was intended for. Tabor-intensive community projects. No applications
were allowed that did no4 meet the minimum proportions es';abllshed by the '
Department of Comwaerce (item 13-21, of the Title X application). }.
2, A portion of the Title X application was scored on the charac.eristics of
the project:
a. The project must assist community service with employment and training
services earning the maximum score (see item 9-14 of the Title X
appl:ication). `
b. The project must be completed in one year's time to earn the maximum
score (see item, 13-23).
C. Projects vbose goals care to "remodel., refurbish and rebuild" earned
the maximum score (see item 5-14)
d., Training facilities earned a maximum score (see item 13-16) .
3. To gait; the n=imum acorn necessary for the funding, a ..jam short start-up
time was requirt-A.. Stems 16-16 and 16-23 of the application specify that
the earliest date in 1975 tha funds could be obligated and the earliest
date work co+ild begin. Our application proposed October 16, 1975 and
October 20, 1975, respectively;, with an estimated completion date of
October 20, 1976.
PRESENT STATUS
It is now -Tanuary 14 1976 and the Title X plans are being prevented from
implementation; certainly, unintentionally. The City cf iluntinguon Beach is
already almost 90 days behind schedule, a portion of which is decidedly the
responsibility of those processing and those scoring the applications and grants,
If ,grants of federal or state monies can be reasonably ,axpected to continue in the
future, iL would seem prudent to comply with the condita,ons contracted in present
gran is.
Implementati,on. of Title X has the quite obvious requirement of having avail-
able for use, a project articulated in the grant, rind program participants to
accomplish the work. Here is the status of such projects made explicit in the
F
OAKVIEW COI.M JITY CENTER k
The building or assembly of the Oakview Center became an explicit project �
for Title X. It resulted fron, an October discussion between the City Adminis-
tration, City Council, and Recreation and Parks Department. At that time this
Administration understood that the module unit would be on-site and .ready for
development by January 1, 1976. Operating personnel, too:, were planned for
the Center with November 17, 1975 anticipated. as the approximate start date _`'$
for employees.
It is our present understanding, as of most recent tommuni.cation, that the 'Y
module unit has yet to be bid. Should the bidding go quickly and well, the
earliest date that the Oakview Center would be available for a worksite would
be 60 to 90 days„
YORhTOIN COI�DWNITY CENTER €
It is our present understanding that the status- of the Yorktown site is
that the specific locations have been, narrowed to three by the recreation and
Parks Department. An additional 60 to 90-day lag time would seem vitavo dable
before Title X work might basin at that site.
EDISON BUILDING
The use of the Edisut% building as the training and administrative head-
quarters for Huntington Beach employment servic-5 was significant in maximizing
the grant's store. Initial discussions on the ceasing of that plant for
Manpower purposes began prior to the start of this fiscal year. Plans were made
acgording to the pointy of discussion. Backfilling personnel, near positions, and
projected, expenditure levels were dW,.aed and scheduled.. Even as late as
October 15, 1975 it was hasped and planned ghat the buUding would be operational
by December 15, 1975 in order' that otters might use the Pld fir.ebouse on Beach
Boulevard for other City Christmas tiaras.
The delay, then, in the approval or disapproval of the Edison lease is a
very critical point. No sizes are available to implement Title X. The normal
operations of the Manpowe. Administration is severely curtailed by the lack of
rersonnel for several mry„ths. (See September's Request for Pexsonncl.) In
addition, the planning time that has been invested pivots on approval of the
lease. Should the lease not be appv° v'ed, new planning ?ae gill have to be
invested at a cost elst-o'here in progrim administration. Also, the pre-planned
regvisitioning of bui-lding supplies cannot be initiated without approval of the
lease; or, in the event of disapproval, new estimates would have to be generated
for new plans.
OVER CONSIDERATIONS:
The Title X coanstraints, when present status of sites is considered, present
certain possibilities of whizh the City Council may want to be cognizant.
r
In. the event that the projects made explicit in the grant are not completed,
or that the funding is not properly utilized for as much of the full year as
t possible, any ,one of the following could conceivably occur: --�
1. Balance of funds would be returned to the Department of Commerce via
the 0014C and Department of Labor.
Z. The City would be in a most vulnerable position to have a violation
iegistered against it by either one or both agencies. ` '
In either event, present and future revenue sharing funds/grants might well
be jeopardized due to lack of credibility caused by previous non-compliance.,
a
i