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HomeMy WebLinkAboutContracts & Agreements_17-1986_CCv0001.pdf AGREEMENT FOR LEASE REAL PROPERTY-SURPLUS SPACE DEARBORN RESERVOIR This Agreement is dated for reference purposes only , June 9 » 1986. PARTIES The parties to this Agreement are : l . City of Redlands , Department of Public Works ( herein called "LESSOR" ) . 2 . South Coast Air Quality MDDd8e08nt District , a body politic and corporate ( herein called "LESSEE" ) . RECITALS LESSOR 1pds85 to LESSEE the property described below upon the fol lowing terms and conditions : l ^ Description . The premises leased consist of approximately 300 square feet of unimproved land area located on westerly section of the Dearborn Reservoir , 500 North Dearborn Avenue , Redlands , California 92374. The area is further described upon plot plan marked Exhibit which is attached hereto and made a part hereof. 2 . Use. The premises are leased to LESSEE primarily for the purpose of placing a portable air monitoring trailer to be Used as an air monitoring station . LESSEE shall use premises described herein only as provided in this Agreement. LESSEE Shall in all respects comply with the rules and regulations Of LESSOR relating to the use Of City property . -2- a . LESSEE shall , at LESSEE ' S expense , comply promptly with all applicable statutes , ordinances , rules , regulations , orders , covenants and restrictions of records , and requirements in effect during the term or any part of the term hereof, regulating the use by LESSEE of the premises. LESSEE shall not use nor permit the use of the premises in any manner that will tend to create waste or a nuisance. b . LESSEE hereby accepts the premises in its condition existing as of the lease commencement date or the date that LESSEE takes possession of the premises , whichever is earlier, subject to all applicable zoning , municipal , county and state laws , ordinances and regulations governing and regulating the use of the premises , and any covenants or restrictions of record , and accepts this lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. LESSEE acknowledges that neither LESSOR nor LESSOR ' S agent has made any representation or warranty as to the present or future suitability of the premises for the conduct of LESSEE ' S business. C . LESSEE shall not allow any human habitation on the leased premises. d . LESSOR reserves unto its officers , agents and employees the right to enter upon any part of the whole of the leased premises at any reasonable time for the purpose of inspecting all of said property and the facilities thereon . e. LESSEE will landscape area surrounding the trailer so as to screen the trailer in a manner acceptable to _3_ LESSOR. Trailer will be painted an earthtone in a manner acceptable to LESSOR. 3 . Term. The term of this lease shall be for five (5) years commencing on July 1 , 1986 and ending June 30 , 1991 , unless sooner terminated pursuant to any provisions hereof. a . LESSEE agrees that , during the term of this lease Agreement , LESSEE will not unlawfully discriminate in any operations on the leased premises on the basis of race, religion , color , national origin , sex , age , handicap , political affiliation or beliefs. 4 . Rent. LESSEE shall pay to LESSOR as rent for leased premises the annual sum of One Dollar ( $1 .00) payable annually in advance , commencing July 1 , 1986. Rent shall be payable in lawful money of the United States to LESSOR at the address stated herein upon presentation of invoice. 5 . Termination . LESSOR or LESSEE shall have the right to cancel this lease at any time during the term of this lease upon giving ninety (90) days prior written notice to the other party. a. In case LESSEE holds over beyond the end of the term herein provided with consent , expressed or implied of LESSOR , such tenancy shall be from month to month only , subject to the terms and conditions of this lease but shall not be a renewal hereof , and the rent to be paid therefor -4- shall be at the rate prevailing under the terms of this 1 ease. b. LESSOR agrees that LESSEE may remove, during or at the expiration or other termination of the term of this lease , or of any extension or holdover period thereof, as the case may be , the portable building used to house fixtures , equipment , and all other personal property placed or installed in or upon the demised premises by LESSEE or under its authority. c . LESSEE agrees to keep in good repair and maintain at its own expense fencing , portable building , and other improvements installed at LESSEE ' S expense and to return said premises so maintained to LESSOR in as good condition as when leased , ordinary wear and tear , damage by earthquake , fire or the elements and other public disaster or casualty excepted . 6 . Utilities. LESSEE shall pay for the installation and use of all utilities used on the site except water (which shall be paid for by LESSOR) . Upon termination of the lease all existing utility lines will be removed at LESSEE ' S expense, if any. 7 . Insurance Indemnity . a . LESSEE shall , at LESSEE ' S expense , obtain and keep in force during the term of the lease , a policy of Combined Single Limit , Bodily Injury and Property Damage insurance insuring LESSOR and LESSEE against any liability arising out of the ownership , use , occupancy or maintenance of the premises. Such insurance shall be a combined single limit - 5- policy in an amount not less than $500 ,000 per occurrence. The policy shall insure performance by LESSEE of the indemnity provisions of this Paragraph 7b . The limits of said insurance shall not , however , limit the liability of LESSEE hereunder. Such insurance shall be primary to any insurance maintained by LESSOR. No such policy shall be cancellable or subject to reduction of coverage or other modification except after ninety (90) days prior written notice to LESSOR. If LESSEE is the insuring party , LESSEE shall , at least ninety ( 90) days prior to the expiration of such policies , furnish LESSOR with renewals or "binders " thereof , or LESSOR may order such insurance and charge the cost thereof to LESSEE , which amount shall be payable by LESSEE upon demand . LESSEE shall not do or permit to be done anything which shall invalidate the insurance policies referred to above . b . LESSEE shall indemnify and hold harmless LESSOR from and against any and all claims arising from LESSEE ' S use of the premises , or from the conduct of LESSEE ' S business or from any activity , work , or things done , permitted or suffered by LESSEE in or about the premises , or elsewhere and shall further indemnify and hold harmless LESSOR from and against any and all claims arising from any breach or default in the performance of any obligation on LESSEE' S part to be performed under the terms of this lease , or arising from any negligence of LESSEE or any of LESSEE ' S agents , contractors , or employees , and from and against all costs , attorney ' s fees , -6- expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon ; and in case any action or proceeding be brought against LESSOR by reason of any such claim , LESSEE , upon notice from LESSOR, shall defend the same at LESSEE ' S expense by counsel satisfactory to LESSOR. LESSEE , as a material part of the consideration to LESSOR, hereby assumes risk for damage to property or injury to person in , on , or about the premises arising from LESSEE ' S acts and LESSEE hereby waives all claims in respect thereof against LESSOR. C . LESSEE hereby agrees that LESSOR shall not be liable for injury to LESSEE ' S business or any loss of income therefrom or for damage to the goods , wares , merchandise or other property of LESSEE , LESSEE' S employees , invitees, customers , or any person in or about the premises , nor shall LESSOR be liable for injury to the person of LESSEE , LESSEE ' S employees , agents or contractors , whether such damage or injury was caused by or results from fire , steam , electricity , gas , water or rain , or from the breakage , leakage , obstruction or other defects of pipes , sprinklers , wires , appliances, plumbing , air conditioning or lighting fixtures , or from any other cause, whether the said damage or injury results from conditions arising upon the premises or upon other portions of the building of which the premises are a part , or from other sources or places and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to LESSEE. - 7- 8 . Taxes and Assessments . LESSEE agrees to pay any and all taxes and assessments , if any there may be , arising out of LESSEE ' S use of the real property and/or improvements erected thereon , and any possessory interest taxes , and to pay all other applicable taxes . LESSEE agrees to pay any license fees required by LESSOR or any other governmental agency . 9 . Default . LESSEE agrees that if default shall be made in the payment of rent in the manner herein provided or in any of the covenants or agreements herein contained on the part of LESSEE to be kept and performed , it shall be lawful for LESSOR to declare said term ended and to terminate this lease upon the giving of thirty ( 30) days written notice. In addition thereto , LESSOR shall have such other rights or remedies as may be provided for by law. 10. LESSOR' S Consent Required . LESSEE shall not voluntarily or by operation of law assign , transfer , mortgage , sublet or otherwise transfer or encumber all or any part of LESSEE ' S interest in this lease or in the premises , without LESSOR' S prior written consent. LESSOR shall respond to LESSEE ' S request for consent hereunder in a timely manner and any attempted assignment , transfer, mortgage encumbrance or subletting without such consent shall be void , and shall constitute a breach of this lease. 11 . Alteration . LESSOR and LESSEE agree not to make any alterations in or on the demised premises without first securing the consent of the other party and further agree to make such alterations only at such time that is agreeable to said other party. Should LESSEE make any alterations , improvements , additions or utility installations without the prior approval of LESSOR , LESSOR may require that LESSEE remove any or all of the same. a . Any alterations , improvements , additions or utility installations in , on or about the premises that LESSEE shall desire to make and which requires the consent of LESSOR shall be presented to LESSOR in written form , with proposed detailed plans . If LESSOR shall give its consent , the consent shall be deemed conditioned upon LESSEE acquiring a permit to do so from appropriate governmental agencies , the furnishing of a copy thereof to LESSOR prior to the commencement of the work and the compliance by LESSEE of all conditions of said permit in a prompt and expeditious manner. 12. Notices . Any notices from either party to the other shall be given in writing to the appropriate address shown below or to such other address as may hereafter be designated in writing for notices by either party to the other. A notice shall be deemed received when delivered , or three days after deposit in the United States mail , certified or registered , postage prepaid , whichever is earlier. -9- LESSOR : City of Redlands Department of Public Works P .O. Box 280 Redlands , CA 92373 LESSEE : South Coast Air Quality Management District 9150 Flair Drive El Monte , CA 91731 Attn : Director of Administrative Services 13. Waivers . No waiver by LESSOR of any provision hereof shall be deemed a waiver of any other provision hereof or of any subsequent breach by LESSEE of the same or any other provision. LESSOR ' S consent to , or approval of, any act shall not be deemed to render unnecessary the obtaining of LESSOR ' S consent to or approval of any subsequent act by LESSEE. 14. Attorney ' s Fees . In the event any action , including arbitration , is filed in connection with the enforcement or interpretation of this Agreement , the unsuccessful party in said action shall pay , among other sums that either party may be called on to pay , a reasonable sum for the successful party ' s attorney ' s fees and costs . 15. Severability. In the event that any one or more of the provisions contained in this Agreement shall for any reason be held to be unenforceable in any respect by a court of competent juris- diction , such holding shall not affect any other provisions of this Agreement , and the Agreement shall then be construed as if such unenforceable provisions are not a part hereof. -10- 16. Headings . Headings on the paragraphs of this Agreement are for convenience and reference only , and the words contained therein shall in no way be held to explain , modify, amplify or aid in the interpretation , construction or meaning of the provisions of this Agreement. 17 . Duplicate Execution. This Agreement is executed in duplicate. Each signed copy shall have the force and effect of an original . 18. Holding Over. If LESSEE, with LESSOR' S consent , remains in possession of the premises or any part thereof after the expiration of the term hereof , such occupancy shall be a tenancy from month to month upon all the provisions of this lease pertaining to the obligations of LESSEE , but all options and rights of first refusal , if any , granted under the terms of this lease shall be deemed terminated and be of no further effect during said month-to-month tenancy . 19. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive , but shall , wherever possible , be cumulative with all other remedies at law or in equity . 20. Covenants and Conditions. Each provision of this lease performable by LESSEE shall be deemed both a covenant and a condition. -11- 21 , Binding Effect Choice of Lay. Subject to any provisions hereofrestricting assignment or subletting by LESSEE and subject to the provisions of Paragraph 1 , this lease shall bind the parties , their personal representatives , successors and, assignees. This lease shall be governed by the laws of the State of California wherein the premises are located . 22 Quiet Possession. Upon LESSEE paying the ,rent for the premises and observing and performing; all of the covenants , conditions and provisions on LESSEE' S part to be observed and performed hereunder, LESSEE shall have quiet possession of the premises for the entire term hereof subject to all of the provisions of this lease. The individuals executing this lease on behalf of LESSOR represent and warrant to LESSEE that :they are Bally authorized and legally capable of executing this lease on behalf of LESSOR and that such execution is binding upon all parties holding an ownership interest in the premises, 23 . jptions. This Agreement may be ascended by mutual agreement. 24. Renewal . If LESSEE intends to request renewal of this Agreement , LESSEE shall so request in writing at leash ninety { 0} days prior to expiration date of this Agreement. 2 responsibility. LESSEE shall only be responsible for that portion of the premises leased to it. " -12- 2h. E tire Agreement. This Agreement represents the entire Agreement between the parties and there are DO understandings , representations or warranties of any kind except as expressly Set forth herein. NO waiver , alteration Or modification of any Of the provisions herein shall be binding on any party unless in writing and signed by the party against whom enforcement Of such waiver , alteration or modification is sought. / // -13- LESSOR and LESSEE have carefully read and reviewed this lease and each term and provision contained herein and by execution of this lease show their informed and voluntary consent thereto. The parties hereby agree that , at the time this lease is executed , the terms of this lease are reasonable and effectuate the intent and purpose of LESSOR and LESSEE with respect to the premises . IN WITNESS WHEREOF , the SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT and the CITY OF REDLANDS DEPARTMENT OF PUBLIC WORKS have caused this Agreement to be duly executed on their behalf by their authorized representatives. Attested --by: LESSEE : SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT o -r n i e P0 yZ C i t Cl erk By ---7Z, �na Ci, y of Redlands Jame S' Lents , Ph. D. AcNIng Executive Officer Date S4 LESSOR : CITY OF REDLANDS DEPARTMENT OF PUBLIC WORKS APPROVED AS TO FORM: CURTIS L. COLEMAN By District Counsel Carol City of- Redlands By 4 By n A . Donne y Vi rector of Public Works Date City of Redlands a t e