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HomeMy WebLinkAboutLease Agreement with Arcadia Unified School District for Use of Property for StorageLEASE AGREEMENT ORIGINAL THIS LEASE AGREEMENT (the "Lease ") is entered into this 4th day of January, 1994, by and between the CITY OF ARCADIA (the "City ") , a public body, corporate and politic, of the State of California, and the ARCADIA UNIFIED SCHOOL DISTRICT, ( "Lessee "). RECITALS A. The City is the owner of the real property shown on the Location Map attached as Exhibit " A " (the "Property "). B. The Lessee has approached the City with the intent to lease the main 2 (two) story building and adjacent Butler Building on the northwest side of the Property for a temporary storage facility. (Exhibit "B ") C. It is the desire of the parties to enter into a Lease Agreement in order to provide for the use of the Property by the Lessee from the City. AGREEMENT In consideration of the mutual covenants, terms and conditions set forth hereinafter, the parties do hereby agree as follows: Section 1. TERM. The City hereby leases to the Lessee and the Lessee hereby leases from the City the Property from February 1, 1993 (the "Commencement Date ") until September 30, 1996. The Lessee shall at all times fully and faithfully perform this Lease in accordance with all terms and conditions set forth herein, and in accordance with all City of Arcadia requirements. Section 2. RENTAL PAYMENTS. On or before the Commencement Date, as set forth in Section 1 hereof and on the first day of each month thereafter, the Lessee shall pay to the City a rental payment in the sum of SEVEN HUNDRED FIFTY FIVE DOLLARS AND 20/100 ($755.20) (18,880 sq. ft. times $.04) . The Lessee shall make such rental payment at the office of the City at City Hall, P.O. Box 60021, Arcadia, California 91066 -6021 (240 W. Huntington Drive, Arcadia, California 91007). The Lessee shall also provide to the City by January 21, 1994 a Security Deposit of FIVE HUNDRED DOLLARS ($500.00). Section 3. PERMITTED USES. During the period in which this Lease remains in effect, the Property shall be used solely for the purpose of storage of educational, office, and construction related materials and equipment of a non - hazardous or toxic nature, and for such uses normally incident to such business, and for no other purpose, without prior written consent of the City. The Lessee shall operate and conduct said business and said incidental uses at all times in an orderly manner and in such fashion so as not to constitute, cause or create a nuisance. The Lessee shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including those of Federal, State, County, and municipal governments, relating to the Lessee's use and occupancy of the Property, whether such statutes, ordinances, regulations and requirements be now in force or hereinafter enacted. The judgement of any court of competent jurisdiction, or the admission of the Lessee in a proceeding brought against the Lessee by any governmental entity, that the Lessee has violated any such statute, ordinance, regulation or requirement shall be conclusive as between the City and the Lessees and shall be sufficient grounds for termination of this Lease by the City. The Lessee shall not permit the commission by other parties of any waste on the Property, and the Lessees shall not use or permit the use of the Property for any unlawful purpose. Section 4. LIMITING TERMS AND CONDITIONS. The site shall be configured as shown on the Location Map, Exhibit "A ". The City shall be responsible for arranging and paying for the installation and removal of temporary fencing and gates. Vehicular ingress and egress shall be restricted to Civic Center Place; there shall not be vehicular access to or from Huntington Drive. The Lessee and his employees, and agents shall park near the main Armory Building as shown on Exhibit "A ". No parking shall be permitted on Civil Center Place. Section 5. TAXES AND UTILITIES. The Lessee shall pay and hold the City and the Property free and harmless from any and all charges for the furnishing of gas, water, electricity, telephone service and all other public utilities to the Property, and for the removal of garbage and rubbish from the Property, during the term of this Lease. The City shall quarterly reimburse Lessee for City's cost of providing electric service to the Gun Shed building as determined by a sub -meter placed at the Gun Shed building. The Lessee shall pay any and all real property taxes, assessments and other charges levied or imposed by any governmental entity upon the Property, including personal property or possessory interests. Section 6. CONDITION OF PROPERTY. The Lessee accepts the Property in its present condition and stipulates and agrees with the Agency that the Property is in good, clean, safe and tenantable condition as of the Commencement Date of this Lease. Lessee further agrees and represents to the City that the Property has been inspected by the Lessee for this purpose and that the Lessee approves of the present condition of the Property for purposes of entering into this Lease. The Lessee shall take particular care to avoid the spillage or placement of hazardous or toxic chemicals or waste upon the property. If such is done, Lessee shall immediately notify the Fire Department and the Community Development Department - Economic Development detailing in writing what chemicals or hazardous waste 2 has been spilled or deposited on the Property, and describe what efforts, if any, the Lessee has made to mitigate or eliminate the hazardous waste. Any cleanup of such spillage or deposit of hazardous or toxic waste shall be made in accordance with governmental regulations promptly by the Lessee and at Lessee's sole cost. (See Sections 21 and 22) The City shall not be responsible for loss or damage to any of Lessee's employers, agents or subcontractors property brought on the site. Section 7. MAINTENANCE BY THE CITY. The City shall, at its own cost and expense, maintain the Property in good condition and repair during the period that this Lease remains in effect. Both parties acknowledge that although the City has made no definite plans for the future use of this property after the term of the lease, it is probable that the buildings will be demolished. Section 8. ALTERATIONS AND LIENS. The Lessee shall not make or permit any other party to make any alterations to the Property without the prior written consent of the City. The Lessee shall further keep the Property free and clear from any and all liens, claims and demands for work performed, materials furnished or operations conducted on the Property at the instance or request of the Lessee. Any building modifications shall be in conformance with City Code and shall be submitted to the City for building permit, including payment of the appropriate fees. Section 9. INSPECTION BY THE CITY. The Lessee shall permit the City and the City's officers, employees, agents and representatives to enter the Property at all reasonable times for the purpose of inspecting the Property to determine whether the Lessee is complying with the terms and conditions of this Lease, for the purpose of doing other lawful acts that may be necessary to protect the City's interest in the Property, and /or for the purpose of permitting the City to show the Property to another party or parties for the purpose of any subsequent sale or reuse of the Property by the City. Section 10. SURRENDER OF THE PROPERTY. On or before the termination of this Lease, the Lessee shall promptly surrender and deliver the Property to the Agency in as good condition as it is as of the date of this Lease; and the Lessee shall, on or before the Termination Date remove, at his own expense, any and all personal property belonging to the Lessee and any trash on the Property. Additionally, the Lessee shall provide a clean -up deposit to the City of Arcadia in the amount of FIVE HUNDRED DOLLARS ($500.00), refundable within thirty (30) days to the Lessee upon full performance of this Section 10 of the Lease. 3 Section 11 . INDEMNITY AND INSURANCE. The Lessee shall indemnify, defend and hold the City of Arcadia, its officers, employees, agents and representatives free and harmless from any and all claims, liability, loss, damage or expenses resulting from the Lessee's occupation and use of the Property specifically including, without limitation, any claim, liability, loss or damage arising by reason of: a) the death or injury to any person or persons, including the Lessee or any person who is an employee or agent, client or patron of the Lessee, or by reason of the damage to or destruction of any property, including property owned by the Lessee or any person who is an employee or agent of the Lessee, and caused or allegedly caused by either the condition of the Property, or some other omission of the Lessee or of an agent, contractor, employee, servant, client or patron, sublessee or concessionaire of the Lessee; b) any work performed on the Property or materials furnished to the Property at the instance or request of the Lessee or of any agent or employee of the Lessee; c) the Lessee's failure to perform any provision of this Lease or to comply with any requirement of law or any requirement imposed upon the City or upon the Property by a duly authorized governmental agency or political subdivision. The Lessee shall, at its own cost and expense, purchase and maintain a policy or policies of insurance or provide a Certificate of Self - Insurance during the entire term of this Lease insuring the Lessee and the City for general and specific public liability and /or loss caused in connection with the Lessee's occupation and use of the Property pursuant to this Lease in the aggregate amount of One Million Dollars ($1,000,000) per occurrence. Any and all insurance policies or certificate obtained and maintained in accordance with this Section 11 shall name the City of Arcadia as additional insured and provide that each such policy or certificate shall not be canceled or terminated without written notice to the City at least ten (10) calendar days prior to the effective date of the cancellation or termination. The Lessee shall provide to the City Attorney proof of insurance or certificate of self - insurance as set forth herein, prior to January 21, 1994. Section 12. NON- CANCELABILITY. Neither the City or the Lessee shall be permitted to terminate this lease, except for a material breach of its terms by the other party. 4 Section 13. SUBLEASE ASSIGNMENT PROHIBITED. The Lessee shall not encumber, assign, or otherwise transfer this Lease, any right or interest in this Lease, or any right or interest in the Property without the express written consent of the City. The Lessee shall neither sublet the Property or any part thereof, nor allow any party other than the Lessee's agents, servants and employees to occupy the Property or no part thereof, without the prior written consent of the City. Section 14. LITIGATION EXPENSES. Should any litigation be commenced between the parties to this Lease concerning the Property, this Lease, or the rights and duties of the parties in relation thereto, then the party prevailing in such litigation shall be entitled, in addition to such other relief as may be granted in the litigation, to receive a reasonable sum from the other party as and for its attorneys' fees in such litigation as shall be determined by the court in such litigation or in a separate action brought for that purpose. Section 15. NOTICES. Except as otherwise expressly prohibited by law, any and all notices and other communications required or permitted by this Lease or by law to be served on or given to either party by the other party hereto shall be in writing and shall be considered duly served and given when personally delivered to the party to whom such notice or communication is directed or, in lieu thereof, when deposited in the United States mail, first -class postage prepaid, addressed to the parties as follows: To the Agency: Asst. Community Development Director - Economic Development Arcadia City Hall P.O. Box 60021 Arcadia, CA 91066 -6021 To the Lessee: Jay Horton Arcadia Unified School District 234 Campus Drive Arcadia, CA 91007 Either party may change its address for the purpose of this Section 15 by giving written notice of such change to the other party in the manner provided in this Section 15. Section 16. BINDING ON HEIRS AND SUCCESSORS. This Lease shall be binding and shall inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto; provided however that nothing contained herein shall be deemed or construed to constitute a consent by the City to any assignment of this Lease or any interest therein by the Lessee. 5 Section 17. PARTIAL INVALIDITY. Should any provision of this Lease be held by a court of competent jurisdiction to be either invalid, void or unenforceable, the remaining provisions of this Lease shall remain in full force and effect, unimpaired by the holding or determination. Section 18. EXCLUSIVE AGREEMENT TO THE PARTIES. This instrument constitutes and contains the sole and only agreement between the City and the Lessee concerning the Property, the leasing of the Property and all provisions contained in this Lease, and this Lease correctly sets forth the obligations of the City and the Lessee to each other as of its date. Any and all agreements or representations respecting the Property or the lease thereof by the Lessee from the City not expressly set forth herein are null and void. Section 19. JOINT AND SEVERAL LIABILITY AND RESPONSIBILITY. Notwithstanding any provision to the contrary herein, and any one or more of the parties first above set forth as comprising the Lessee, shall jointly and severally be responsible and liable for the performance of each and every term, covenant and condition required to be performed by the Lessee under this Agreement. Section 20. NO RELOCATION PAYMENTS Lessee hereby agrees, affirms and understands that Lessee shall not receive any relocation payments pursuant to California Relocation Assistance Guidelines California Administrative Code, Title 25, Chapter 6 related to this lease and termination thereof, and that the City is not in any way responsible for such payments, or for any loss of Goodwill. Section 21. PRESENCE OF ASBESTOS CONTAMINATED MATERIAL. Lessee is aware of the presence of asbestos contaminated materials (ACM) in the former National Guard Armory Main property as shown on Exhibit "C ". The Lessee shall inform its officers, employees, agents who utilize the facility of the presence of ACM and proper safety procedures (i.e.; non - disturbance). The Lessee shall cooperate with the City and the City's consultant in an anticipated asbestos survey and possible remediation program to be conducted by the City in 1994. The Lessee shall be provided a copy of the consultant's report for review and shall sign an acknowledgment of receipt of such. Section 22. HAZARDOUS WASTE ASSESSMENT AND SAMPLING. The Lessee is aware that the City has contracted with Aerovironment, Inc. of Monrovia, California to conduct a soils assessment and sampling at the Armory property. The Lessee shall cooperate with the City and its consultant during the assessment, sampling and possible remediation program to be conducted by the City in 1994. The Lessee shall be provided a copy of the consultants report for review and shall sign an acknowledgment of receipt of such. N IN WITNESS WHEREOF, this Lease Agreement has been entered into as of the date first written above. City: yckkl�� City Manager Approved As To Form: City Attorney 7 e — a N s J ¢ o n 00 ut Zn g zLo LN v+ a m v o W a u a �c L LH It LL LLLILL 2 3AV VIINY V1NYS 3 xr - r�r+ Z ¢ JJ N 5a O cn — NI i N y m m u I /♦, < rn Z O O K ► � Q Z Z � O i w tint Z Z < t f O v' tPj• yy 0 ." Z o �tP 2I� "S a• HS`VM \ L VI '4 i } ` • �i � °!_'��� •� �`i h� �ee1 Eby tE, /�� � O u V ` ' '. � Gov • � a ®'�� �� ��► � , �P�? ``� e P � • t 4 a W 3nv H • A1'1QF+ � i jR N Q +A r W , x. Z V Z Q Q O Q C.1 Q O 2 cc Q Y. d r � V J Q Z O H d Z W oc m o = Z � O U � Z m Z E U 0 r-j 7 r E l -W w r. IE I c . 1 L CIVIC CTR. PL. a _ 0 a m 0 W R in Z O C'3 Z p Z a c 0 V d! m m c a a J t 1 V �W �4� � m N C..) o w r � L N Q C L � N � O� ds m Ex. A 11/93 4ATS I � , ul- TA 5 G H A 7.. TO RA 4 LARU-PER Al 4-- i I f�3 121 I 1 0 A Al A l�1t$ M9 �IIA 1 10T 103 120 t 00 toe 10♦ / o6 �NC ARCADIA / N FIRST FLOOR PLAN SCALE 1 "= 20' Ex -A ARCADIA 13-15/z rL4L , 093 11 173 SECOND FLOOR PLAN SCALE - 1 = 20 M ft Irv *,M, o /Z y OLD 6, Ex,A. [M Arcadia Unified School District 234 Campus D riv e • Arcadia, California 91007 • (818) 446 -0131 FAX # (818) 574 -3802 October 13, 1993 �1 1993 Peter Kinnahan, Assistant City Manager for Economic Development CITY OF ARCADIA 240 West Huntington Drive - ---- -- Arcadia, CA 91007 Dear Mr. Kinnahan: In regard to our meeting with you at the Armory last Thursday, October 7, 1993, we were impressed with the structure of the building and the feeling that we could use the facility to implement the renovation of all the schools in Arcadia. Our proposed use the facility would be to house construction management personnel as well as the warehousing during the actual construction phase of the district property. The District would like to propose a lease rate of four cents (5.04) per square foot for the main structure. The duration of the lease would run three years and we would make any necessary minor repairs and renovations needed to make the structure usable for our purpose. These modifications would become city property at the end of the lease period. Utilities would be metered separately with the district paying for electricity and natural gas. The city would supply water, sewer, and rubbish removal services. Liability insurance would be provided by the district in an amount to be agreed upon. This letter represents a general proposal, complete details would need to be presented in detailed contract format. Please call my office with any questions. Sincerely, Jay Horton, Director Facilities Support Services TH:em Ex. is* September 8, 1993 Directorate of Environmental Programs City of Arcadia ATTN: Mr. Peter Kinnahan, Assistant City Manager /Development 240 West Huntington Drive Arcadia, CA 91066 -0060 Dear Mr. Kinnahan: . ���.1�1T 11►• qA,A — mss �'M1>•NN 2 0 1993 Your request to Colonel Lockwood for further information on the 1989 asbestos survey results for the facility located at 260 West Huntington Drive was forwarded to this office for assistance. Please refer to the enclosed maps and copy of the report for a clear understanding of the explanations given below. Asbestos - containing materials were found in the armory as follows: the brown 12 "x12" floor tiles in Room 205 contain a trace amount of chrysotile asbestos; the dark brown 9 11 x9" floor tiles in Rooms 104, 111, 115, 116, 123, 202, 203, and 205 contain 5% (by weight) chrysotile asbestos; and the green 9 11 x9" floor tiles in Room 105 contain 5% chrysotile asbestos. The transits pipes exposed in Rooms 123 and 205 are presumed to contain asbestos, but no samples were actually tested. Asbestos - containing materials were found in the Motor Vehicle Storage Building (MVSB) as follows: the maroon 9 11 x9" floor in the restroom contain a trace amount of chrysotile asbestos. The white- painted transite pipes exposed in the garage area are presumed to contain asbestos, but no samples were actually taken. The survey did not find any suspected asbestos - containing materials in either the organizational Maintenance Shop, or in the Flammable Materials Storage Shed. No samples were taken in either building. Ex. co DEPARTMENTS OF THE ARMY AND AIR FORCE OFFICE OF THE ADJUTANT GENERAL CALIFORNIA NATIONAL GUARD — r 9800 GOETHE ROAD • P.O. BOX 2691 01 SACRAMENTO. CALIFORNIA 95826-9 01 September 8, 1993 Directorate of Environmental Programs City of Arcadia ATTN: Mr. Peter Kinnahan, Assistant City Manager /Development 240 West Huntington Drive Arcadia, CA 91066 -0060 Dear Mr. Kinnahan: . ���.1�1T 11►• qA,A — mss �'M1>•NN 2 0 1993 Your request to Colonel Lockwood for further information on the 1989 asbestos survey results for the facility located at 260 West Huntington Drive was forwarded to this office for assistance. Please refer to the enclosed maps and copy of the report for a clear understanding of the explanations given below. Asbestos - containing materials were found in the armory as follows: the brown 12 "x12" floor tiles in Room 205 contain a trace amount of chrysotile asbestos; the dark brown 9 11 x9" floor tiles in Rooms 104, 111, 115, 116, 123, 202, 203, and 205 contain 5% (by weight) chrysotile asbestos; and the green 9 11 x9" floor tiles in Room 105 contain 5% chrysotile asbestos. The transits pipes exposed in Rooms 123 and 205 are presumed to contain asbestos, but no samples were actually tested. Asbestos - containing materials were found in the Motor Vehicle Storage Building (MVSB) as follows: the maroon 9 11 x9" floor in the restroom contain a trace amount of chrysotile asbestos. The white- painted transite pipes exposed in the garage area are presumed to contain asbestos, but no samples were actually taken. The survey did not find any suspected asbestos - containing materials in either the organizational Maintenance Shop, or in the Flammable Materials Storage Shed. No samples were taken in either building. Ex. co -2- A copy of the entire asbestos survey of Army National Guard facilities done by the Office of the State Architect is available for review in this office. Please call Mr. Aaron Phillips of my staff at (916) 854 -3456 if you have any questions on the asbestos report, or if we can be of further assistance. Sincerely, Enclosures t El Ware, r. �'1 l, Army Na Tonal u d Director of Envir me 1 Programs Copy Furnished: Colonel Lockwood 3 S 38 0 33' oo O oN 0 h � Irl Z S 3 33 ' o 0" W - 9 1 _ R _ St F I O � d0 N �1 W ° o a M T L i I N 33 00 - E TI .ob 0 N � e a z W i u I u v zo Q c O J a 0 0 HUNTINGTON DR. i,t 11 � tta 114 t,0 11S 121 110A 116A /16A 109 1,6 11) 10• tts e to) toa 120 1 00 lOS 104 102 101 119 11• IteA t05 ARCADIA FIRST FLOOR PLAN SCALE — 1 = 2W ARCADIA SECOND FLOOR PLAN SCALE - i z 20 w u o U � N � O ,a Y J J J J J J s � w N N N N N 01 o C rn v i 0 u oc .n h O O O O O C7 m cc w w ad y a< 2 aC a: CL z = S S ad _ m U U U U U U N U � Y C L � O O O '- s r C C N 3 A L ` ° o ° q N N a � J N O � = O h Y O CD C N Z a 49 P C X 7 X p + }( {y = �► aC u. �r W � J 79 _ m M = u N L Y u N W Y < t C M 4K 0 o Z L z A O W < U N O � N W _ t! N fm N C4 C2 u s � ' Y ac z a< z e[ a w at z et at i L — N 4 J $ N N 0 N o 0 z 0, g _ = z z W C13 I Y N N < CL U O = W W p M d 4 N < CI �