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HomeMy WebLinkAboutC-2449hoo - 80 LEASE AGREEMENT CITY OF ARCADIA WATER FACILITIES This Lease Agreement (the "Lease ") is entered into by and between the City of Arcadia, a municipal corporation and charter City in the State of California (the "City ") and the Water Utilities Enterprise Fund of the City of Arcadia, as governed by the City Council of the City of Arcadia (the "Lessee "). In consideration of the mutual promises and covenants set forth herein, both parties agree as follows: SECTION 1 — PROPERTY LEASED City leases to Lessee the real properties known as: 1. Baldwin Plant (5,018 sq. ft.) 1420 S. Baldwin Ave. 3. Baldwin Well (15,201 sq. ft.) 2828 S. Baldwin Ave. 5. Canyon Plant (70,437 sq. ft.) 2135 N. Canyon Rd. 7. Hugo Reid Plant (6,145 sq. ft.) 1128 De Anza PI. 9. Longden Plant (50,320 sq. ft.) 1179 E. Longden Ave. 2. Baldwin Reservoir (115,818 sq. ft.) 670 W. Orange Grove Ave. 4. Camino Real Plant (44,546 sq. ft.) 141 E. Camino Real Ave. 6. Chapman Plant (49,075 sq. ft.) 575 Michillinda (Pasadena) 8. Live Oak Plant (21,375 sq. ft.) 622 E. Live Oak Ave. 10. Orange Grove Plant (285,388 sq. ft.) 67 W. Orange Grove Ave. 11. Santa Anita Plant (97,469 sq. ft.) 12. St. Joseph Plant (137,879 sq. ft.) 2205 N. Santa Anita Ave. (Sierra Madre) 230 N. Second Ave. 13. Upper Canyon Plant (369,135 sq. ft.) 2215 -17 N. Canyon Rd. 15. Anoakia Plant (2,261 sq. ft.) 14. Whispering Pines Plant (1,362 sq. ft.) These properties (hereafter referred to collectively as "Facilities ") are legally described in Exhibit "A ", subject to all existing easements, covenants, conditions, and restrictions of record, if any. SECTION 2 — TERM The term of this Lease (the 'Term ") shall commence upon the date the Lease is executed by City and Lessee, and shall terminate thirty (30) days after the date on which either party delivers written notice to the other party of termination of the Lease. SECTION 3 — RENT Lessee agrees to pay in arrears in one (1) lump sum City for the use of premises, rights and easements herein described a yearly rental of $350,000 for the first year of the Term covering the period beginning July 1, 2008 and ending June 30, 2009, then a Page 1 of 2 yearly rental in the manners as hereinafter set forth of $750,000 effective July 1, 2009 for each year thereafter, subject to an annual consumer price index adjustment. The Consumer Price Index adjustment will be based on the annual Los Angeles— Riverside- Orange County Urban Wage Earners and Clerical Workers Consumer Price Index for the twelve month period ending May 31 annually. For the duration of the Lease, the CPI adjustment shall not exceed an increase of 10% annually from the prior year's annual rental amount; provided that any increase in excess of said 10% may be carried forward to any and all subsequent years so long as the annual increase in any subsequent year, in the aggregate, does not exceed 10 %. Rent shall be paid in equal installments on the first day of every month. SECTION 4 — FACILITIES Lessee agrees that at its own expense, it will maintain and operate the Facilities in accordance with the terms and conditions of this Lease. Lessee may use the leased land for the installation, operation, and maintenance of Facilities for the distribution of potable water for the good of the general public and any other related uses. SECTION 6 — EFFECTIVE DATE The effective date of this Lease, for all purposes hereof, shall be July 1, 2009. APPROVED AS TO FORM: By �� (1, ate Stephen P. Deitsch, City Attorney CITY OF ARCADIA, a Charter City and Municipal Corporation By: Donald Penman, City Manager PUBLIC WORKS SERVICES, Utilities Section 0 Pat Malloy ,, Assi§OrTt City Manager/ Public Work Services Director Page 2 of 2 1. Baldwin Plant (5,018 sq. ft.) - 1420 S. Baldwin Ave. Legal Description: The Northerly Fifty (50) feet of Lot one (1) of Tract 5907, in the City of Arcadia, as per map recorded in Book 63, page 67 of Maps, in the office of the County Recorder of said County. Subject to: 1. Taxes for 1930 -31 fiscal year. 2. Condition, restrictions, reservations, rights of way and easements of record, if any. 2. Baldwin Reservoir (115,818 sq. ft.) — 670 w. Orange Grove Ave. Legal Description: That portion of Lot 1 of Tract No. 948, as shown on map recorded in Book 17, Page 21 of Maps, Records of said County, described as follows: Beginning at the Northwest corner of said Lot 1; thence S 2° 59'40" W along the Westerly line of said Lot, 280.00 feet; thence N 2 59'40" E, parallel to the North line of said Lot, 470.00 feet; thence N 20° 46'50" W, in a direct line to the intersection with said Northerly line of said Lot 1, distant N 890 02'50" E, 350.00 feet thereon from the point of beginning; thence S 890 02'50" W, 350.00 feet to the point of beginning; containing an area of 2.629 acres more or less. 3. Baldwin Well (15,201 sq. ft.) — 2828 S. Baldwin Ave. Legal Description: Lot 60, Tract 6641, City of Arcadia, Book 126, Page 67 of Maps, Records of said County. 4. Camino Real Plant (44, 546 sq. ft.) — 141 E. Camino Real Ave. Legal Description: The westerly 153.92 feet of the southerly 92.5 feet of Lot 25, Track No. 808, as per map recorded in Book 16 Page 82 of Maps, in the office of the county recorder of said county. PARCEL 1 — Lot 26 of Tract 808, as per map recorded in the Book 16, page 82, of Maps in the office of the County Recorder of Los Angeles County, State of California, EXCEPTING THEREFROM the easterly 275 feet thereof; together with the reservoir, water mains, water lines, gate valves and all other improvements and appurtenances thereto now situated upon the above described land hereby conveyed. EXHIBIT W PARCEL 2 — All transmission and distribution water pipe line, together with their appurtenant gate valves and gate boxes, of the Grantor now located within the present limits of said City of Arcadia. PARCEL 3 — All easements and right of ways, whether situated on public or private lands, within the present limits of said City of Arcadia, now owned by the Grantor and however acquired by it and whether or not evidenced by instruments of record. PARCEL 4 — All other properties, real, personal or mixed, of the Grantor now situated within the present limits of said City of Arcadia. 5. Canyon Plant (70,437 sq. Ft.) — 2135 N. Canyon Rd. Legal Description: PARCEL 2 - Grantor does herby grant and convey to Grantee that portion of the Northwest on quarter of fractional Section 15, Township 1 North, Range 11 West, San Bernardino Base and Meridian in the City of Arcadia, described as follows: Beginning at the most westerly corner of Lot 53 of Tract No. 23145 as per map recorded in Book 631 pages 90 to 92 inclusive of Maps in the office of the County Recorder of Los Angeles County; thence N 321 03' 18" W 260.00 feet; thence S 400 51' 07" W 217.29 feet; thence S 471 12' 06" E 315.00 feet to a point in the northwesterly line of Lot 55 of said Tract No. 23145 distant N 390 52' 00" E. 56.00 feet from the most westerly corner of said Lot 55; thence along the northwesterly line of said Tract No. 23145 N 391 52' 00" E 98.00 feet' thence N 90 28' 38" W 83.95 feet to the Point of Beginning. PARCEL 3 Canyon S. Slope - Grantor does herby grant and convey to Grantee that portion of the Northwest on quarter of fractional Section 15, Township 1 North, Range 11 West, San Bernardino Base and Meridian in the City of Arcadia, described as follows: Beginning at the most westerly corner of Lot 55 of Tract No. 23145 as per map recorded in Book 631 pages 90 -92 inclusive of Maps in the office of the County Recorder of Los Angeles County; thence N 39° 52' 00" E 56.00 feet; thence 471 12' 06" W 315.00 feet ; thence N 400 51' 07" E 60.61 feet to the beginning of a curve concave to the south and having a radius of 28.00 feet, a radial line from the beginning of said curve bears S 370 56' 35" W; thence westerly along said curve 59.61 feet to the beginning of a curve concave to the northeast and having a radius of 192.00 feet, a radial line from the beginning of said last mentioned curve bears S 841 01' 48" E; thence southeasterly along said curve 218.30 feet; thence tangent to said curve S 590 10" 30" E. 58.74 feet to the beginning of a tangent curve concave to the southwest and having a radius of 37.00 feet; thence southerly along said curve 41.37 feet to the beginning of a curve concave to the northeast and having a radius of 15.00 feet; thence southeasterly along said curve 18.53 feet to a point in a curve concave to the south and having a radius of 110.00 feet, a radial line from said point bears S 240 07' 22" W; thence southeast along said last mentioned curve 34.61 feet to the Point of Beginning from which a radial line bears S 420 08'57" W. 6. Chapman Plant (49,075 sq. ft.) — 575 Michillinda (Pasadena) Legal Description: Chapman Well Site — approximately 5,672 square feet know as Lot 1 of Tract 31978, in the County of Los Angeles, State of California, as per map recorded in Book 871, Page 20 and 31 of Maps, in the Office of the County Recorder of said County. Chapman Reservoir Site — approximately 1.16 acres known as Lot 8 of Tract 31978, in the County of Los Angeles, State of California, as per map recorded in Book 871, Pages 30 and 31 of Maps, in the Office of the County Recorder of said County. 7. Hugo Reid Plant (6,145 sq. ft.) — 1128 De Anza PI. Legal Description: Beginning at the most Northerly corner of Lot 21, of Tract No. 13594, as shown on map recorded in Book 288, Pages 20 and 21, of Maps, Records of said County; thence S 890 10' 40" E along the Northerly line of said Tract No. 13594, 143.01 feet; thence N 00 53' 10" W, 319.71 feet; thence N 390 22' 15" W, 70.0 feet; thence N 0 53' 10" W, 86.46 feet to a point in the South line of Tract No. 14428 and the Westerly prolongation thereof, 429.40 feet to a point in the Westerly line of Lot 6 of said Tract No. 949; thence S 00 53' 10" E along the Westerly line of Lot 6 of said Tract No. 949, 42.63 feet to the most Northerly corner of the land described in Deed recorded in Book 18040, Page 345, of Deeds, Official Records of said County; thence S 620 16' 30" E, along the Northerly line of said land, 375.90 feet to the Northeasterly corner thereof; thence S 00 53' 10" E, along the most Easterly line thereof, 234.07 feet to the point of beginning. 8. Live Oak Plant (21,375 sq. ft.) — 622 E. Live Oak Ave. Legal Description: Lot "B" of Tract No. 7465, as per map recorded in Book 84, Page 98, of Maps in the office of the County Recorder of said County; TOGETHER with the southerly 40 feet of Dalton Road, now Live Oak Avenue, 75.00 feet wide, as shown on said Map. EXCEPTING AND RESERVING, however, all buildings now located on said land and the right to remove the same from said land within 30 days from the date of recordation hereof, at expense of grantors, who immediately thereupon agree to execute and deliver to grantee a Quitclaim Deed of the land hereinbefore described. THIS CONVEYANCE is made subject to all general and special County taxes for the fiscal year 1940 -1941, and penalty on first installment thereof; SUBJECT ALSO to easements of record. 9. Longden Plant (50,320 sq. ft.) — 1179 E. Longden Ave. Legal Description: The Southerly 679.20 feet of Lot Four (4) and also the Southerly 679.20 feet of the Westerly Ten (10) feet of Lot Three (3) of Tract No. 4522, as per map recorded in Book 48, Page 28 of Maps, in the office of the County Recorder of said County. Beginning at the Southeasterly corner of Lot 148, Arcadia Acreage Tract, as per Map recorded in Book 10, Page 18 of Maps, Records of said County; thence South 890 36' West 36.77 feet along the Northerly line of Walnut Avenue to the Southeasterly corner of Lot 4, Tract No. 4522, in the County of Los Angeles, State of California, as per Map recorded in Book 48, Page 28 of Maps, Records of said County; thence North 00 24' West along the Easterly line of said Lot 4, 541.50 feet; thence North 89 36' East 245.72 feet to the Easterly line of said Lot 148, Arcadia Acreage Tract; thence South 200 42' West along the Easterly line of said Lot 148, 580.42 feet to the place of beginning, containing 1.75 acres, more or less. 10. Orange Grove Plant (285,388 sq. ft.) — 67 W. Orange Grove Ave. Legal Description: The South 658.4 feet of Lot Four (4) in Book ninety -seven (97) of the Santa Anita Tract, as per map recorded in Book 34, Pages 41 and 42, Miscellaneous Records of said County. That portion of lot 5 and 6, in Block 97, of Santa Anita Tract, in the City of Arcadia, County of Los Angeles , State of California, as per map recorded in Book 34, Page 41 and 42 of Miscellaneous Records, of said County, described as follows: Beginning at a point on the Westerly line of said Lot 5 said point being 175 feet Northerly from the Northerly line of Live Oak Avenue; thence Northerly along the Westerly lines of said Lots 5 and 6 830.40 feet more or less to the Northwest corner of Lot 6; thence along the Westerly line of land conveyed to P.H. Lloyd by deed recorded in Book 818, Page 76 of Deeds, South 30 Degrees, 45 minutes, East 600 feet; thence South 40 Degrees, East 400 feet, thence South 60 Degrees, 45 minutes, East 15.86 feet more or less to a point 175 feet Northerly from and measured at right angles to the Northerly line of Live Oak Avenue; thence Westerly parallel with the North line of Live Oak Avenue, 574.74 feet more or less to the point of beginning. 11. Santa Anita Plant (97,469 sq. ft.) — 2205 N. Santa Anita Ave. (Sierra Madre) Legal Description: Beginning at a point in the westerly line of Santa Anita Canyon Road as per deed recorded in Book 11036, page 149, Official Records of said County, said point being North 00 54' 05" West, 860.00 feet from the northerly line of Grand View Avenue, as shown on Map of Santa Anita Tract, recorded in Book 34, pages 41 and 42, Miscellaneous Records of said County; said point of beginning being also the southeasterly corner of that land conveyed to the City of Arcadia by deed recorded in Book 7351, Page 106, of Deeds, Records of said County; thence South 890 28' 15" West, 172.71 feet along the southerly line of aforementioned land; thence North 0 54' 05" West, 236.00 feet along the easterly line of that land conveyed to Florence S. Gustin by deed recorded in Book 20754, page 230, of Deeds, Records of said County; thence South 890 28' 17" West 131.04 feet more or less to the westerly line of aforementioned land, said westerly line being also the easterly line of Tract 17951; thence South 0° 21' 50" East, 291.00 feet along said westerly line; thence North 890 28' 15" East, 306.48 feet to the said westerly line of Santa Anita Canyon Road; thence North 00 54' 05" West, 55.00 feet along the said westerly line of Santa Anita Canyon Road to the point of beginning. 12. St. Joseph Plant (137.879 sq. ft.) — 230 N. Second Ave. Legal Description: Beginning at the intersection of the Westerly line of said Lot 6, with the Northerly line of the right of way of the Southern Pacific Railroad; thence Easterly along the Northerly line of said right of way, 568.68 feet; thence along a curve to the left through an angle of 1190 39,'419.48 feet to its intersection with the Southerly line of the right of way of the Pacific Electric Railway; thence Westerly along the Southerly line of right of way of the Pacific Electric Railway to its intersection with the Westerly line of said Lot 7; thence Southerly along the Westerly lines of said Lots to the point of beginning. 13. Upper Canyon Plant (369,135 sq. ft.) — 2215 -17 N. Canyon Rd. Legal Description: PARCEL 1 - Beginning at the most westerly corner of Lot 53 of Tract No. 23145 as per map recorded in Book 631 pages 90 to 92 inclusive of Maps in the office of the County Recorder of Los Angeles County; thence N 320 03' 18" W 260.00 feet; thence N 00 07' 02" W 502.00 feet; thence N 690 09' 37" E 437.00 feet; thence S 710 04' 33" E 505.00 feet to an angle point in the northerly line of Lot 45 of said Tract No. 23145; thence along the northwesterly line of said Tract No. 23145 S 50 25' 19" W 218.04 feet; thence N 390 34' 41" W 30.00 feet; thence S 500 25' 19" W 673.00 feet; thence S 130 39' 59" W 174.40 feet to the Point of Beginning. 14. Whispering Pines Plant (1,362 sq. ft.) Legal Description: Beginning at a point on the westerly line of said Lot, said Westerly line being a curve concave westerly having a radius of 400.00 feet, the radial line of said curve to said point bears N 851 12' 57" E, thence along said westerly line and the arc of said curve northerly 48.34 feet through a central angle of 60 55' 27" to a point; thence along radial line of said curve through said point N 780 17' 30" E 21.65 feet; thence S 700 54' 16" E 24.86 feet; thence S 190 05' 44" W 18.47 feet; thence S 500 00' 00" W 41.41 feet to the point of beginning. 15. Anoakia Plant (2,261 sq. ft.) Legal Description: Lot G of Tract No. 52745, in the City of Arcadia, County of Los Angeles, State of California, per map recorded in Book 1252, Pages 43 through 46, of Maps, in the office of the County Recorder of said County.