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RESOLUTION NO. 282
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA APPROVING
A LEASE BETWEEN SEGERSTROM AND SONS, ET AL, AND THE CITY OF COSTA
MESA, FOR A FIRE STATION SITE.
WHEREAS, there has been Presented to the City Council of the City of
Costa Mesa a certain lease for a fire station site, dated October 11th, 1956,
by and between ANTON H. SEGERSTROM and NELLIE Be SEGERSTROM, husband and rife,
the ESTATE OF FRED A. SEGERSTROM, deceased, by Anton He Segerstrom and Herold
T. Begerstrom, co-sxecutars, HAROLD T. SEGERSTROM and VERONICA P. SEGERSTROM,
husband and wife, HENRY T. SEGERSTROM and YVONNE deC. SEGERSTROM, husband and
wife, and HAROLD T. SEGERSTROM, JR. and JEANNETTE E. SEGERSTROM, husband and wife,
all as Lessors, and the City of Costa Mesa, as Lessees and
WHEREAS, the execution of.said lease by the Lessors has been approved
in the Superior Court of the State of California in and for the County of Orange
by Order No. A-26396 of said Court, being.an Order Authorising Executors To Join
in Lease of Real Property, filed November 9, 1956, in the office of the County
Clerk of said Orange County, and
WHEREAS, it appears to be in the beat interests of the City of Costa
Mesa that said lease be approved, ratified and confirmed{
NOW, THEREFORE, BE IT RESOLVED, that said lease between the hereinabove
mentioned Lessors and the City of Costa Mesa, covering the following described
real property:
A portion of Griffith's Subdtvision as recorded in Book 4, page 26
of Miscellaneous Maps, Records of Orange County, California, described
as followas
Beginning at the intersection of the westerly line of Fairview Road,
100 feet in width, with the north line of Orange Coast College as
shown on a Record of Survey filed in Book 20, page 15, Records of
Survey of Orange County, Californias thence westerly along said north
line of Orange Coast College, 300.00 feats thence northerly parallel
with said westerly line of Fairview Road, 150.00 feet: thence easterly
parallel with said north line of Orange Coast College 300.00 feet to
said westerly line of Fairview Roads thence southerly along said weet-
erly line of Fairview Road, 150.00 feet to the point of beginning,
be, and the same is hereby, approved, ratified and confirmed, and the Mayor and
the City Clark of the City of Costa Mesa are hereby authorized to execute said lease
on behalf of the City, and
BE IT FURTHER RESOLVED, that the term of said lease shall be for five (5)
years, beginning on December 19 1956, and the rental shall be Three Hundred Dollars
($300.00) per year, payable annually in advance. v
PASSED AND ADOPTED this 19th day of November, 1956•
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ATTEST: the City Sty of Costa Mesa
City Clerk of the City of Costa Mesa
.. STATE OF CALIFORNIA)
)ss
=' COUNTY OF ORANGE )
I, A, C, SWARTZ, City Clerk of the City of Costa Mesa, do hereby cartify
that the above and foregoing Resolution No. 282 was duly and regularly passed and
adopted by the City Council of the City of Costa Mesa at a regular meeting thereof,
held on the loth day of November, 1056, by the following roll call vote, to -vitt
AYES: COUNCILMEN Martin, Pinkley, Smith, Meyers, Nelson
NOES: COUNCILMEN None
ABSENT: COUNCILMEN None
IN WITNESS WHEREOF, I have hereunto set my hand and seal this 20th day
of November, 1956.
City Clerk and ex -officio erk of the
City Council of the City of Costa Mesa
413
Kec. as].
L is
THIS %;iii?, executed this 11th day of October, 195 •, by and between
ANTON H. S CRSTPOM and M.LLI7411 R. ;�� RST?�kf, husband and wife, the ESTATE
OF FRED A. SM7RSTR0N, deceased, by Anton ii. ,ienerstrom and Harold T. Seger-
strom, co-executors, HAROLD T. SEOFR.STROM and 7RPLONICA ?. SiTMSTROM, husband
and wife, HENRY T. SF IMSTROM and Y40NNR de C. 71G7P77R(111, husband and wife,
and HAROLD T. 17377LSTROM, JR, and J°ANs:TTF .+ SMI RSTROM, husband and wife,
hereinafter called Lessors, and the CITY OF CaSTA HPSA, a Municipal Corporation
of the Sixth Claes, hereinafter called Lessee.
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!ITN 45:TH
Lessor hereby leases to lessee, and lessee hereby hires from lessors,
that certain real property situated in the City of Costa hese, County of (range,
State of California, described as follows:
A portion of Griffith's Subdivision as recorded in Book 4,
page 2- of Aiscellaneous ;mpg, Records of .)range County, Cali-
fornia, described as follower
Beginning at the intersection of the westerly line of Fairview
Road, 100 feet in width, with the north line of Orange Coast
College as shown on a Record of Survey filed in Book 20, page
15, Pecords of Survey of f?rangs County, Californias thence
westerly along said north line of eranga Coast College, 300.00
feats thence northerly parallel with said westerly line of
Fairview Road, 1$0.00 leets thence easterly parallel with said
north line of Orange Coast Collego 300.00 feet to said wester-
ly line of Fairview Reads thence southerly along said we.starly
line of Fairview Road, 150.:10 eet, to the point of beginning.
to be used for the purpose of a fire station for the Fire Department of tho
City of Costa ?less.
-ha tem of this lease shall be for five (y') years, Sepinnir}? on
December 1, 195''
Lessee shall pay to lessors as rent fnr the devdsed promises the sura
of Three Hundred (;.300.00) Jollare per year, payable annually in advance, the
first payment to be made simultaneously wit.", toe execution of t:is lease.
Lessee; is hereby given the optloe at any time durin^ the tar, of this
lease to Purchase the real propart, crnaprising the demised premisos as described
above at a purchase price to be deter¢inad as followst On the exercise of
said option by lessee, lessors shall appoint one appraiser, lessee shall appoint
one appraiser, and the two appraisers so selected shall appoint a third apprais-
er, each of which shall appraise the property at its then fair market value,
and the purchase price shall be the average of the three appraisals so made.
Lessee shall give lessors written notice of its intention to exercise said
option to purchase, and both lessors and lessee shall, within fifteen days
thereafter, notify the other of the selection of their respective appraisers.
It is understood that lessee shall construct on the deaised promises
at the earliest possible time a fire station, and lessee is hereby given the
right to construct both a temporary structure for the housing of such fire
station and a permanent type structure for such purpose and to install on the
demised premises all things necessary for the operation and maintenance of a
fire station for the City of Costa Move. It is further understood and agreed
that all improvements placed on the demised premises by lessee shall remain the
property of lessee, and lessee shall have the right at any time during the tens
of this lease, or ary extension or renewal thereof, to rscrovs all said improve.
mento placed by it on the demised promisee; provided, however, that it shall
restore the demised premises to its original condition.
Looses covenants to keep the deaised premises and the Improvements
thereon at all times during the term hereof free of mechanic's liens and other
liens of like nature other than liens created or claimed by reason of arty work
done by or at the instance of lessor, and at all ttaes fully to protect and in-
demnify lessor against all such liens and against all attorney's fees ami other
costs and expenses growing out of or incurred by lessee by reason of or on so -
count of ary such lien. Should lessee fail to fully discharge any such lien,
lessor, at their option, may pay the name or arp part thereof, and lessor shall
be the sole fudge of the legality of such lien; provided, however, that if
lessee desires to contest the validity or correctness of any such lien it may
do so provided it shall first furnish lessor with a good and sufficient bond in-
demnifying lessor against any loss, liability or damage on account thereof, all
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amounts so paid by looser, together with interest thereon at the rate of six
(5%) percent per annum from the time of payment by lessor until repayment tor
lessee, shall be paid by lessee to lessor as so much additional rent at or be-
fore the next Succeeding rent day after payment has been mode by lessor, and if
not so paid, shall continue to bear interest at the aforesaid rate, interest
payable monthly an additional rent.
This lease is made upon the express condition that lessor is to be
free from all liability and claim for damages by reason of ary injury to ary
parson or persons, including lessee, or property of any kind whateoevar and to
whomsoever belonging, including lessee's, from any cause or causes whatsoever
while in, upon, or in any way connected with the said demised premises or the
area adjacent thereto during the term of this lease or any extension hereof or
any occupancy hereunder, leasee hereby covenanting and agreeing to indemnify and
save harmless lessor from all liability, loss, cost and obligations on account of
or arising out of any such injuries or losses however occurring.
lessee shall not assign this lease or sublet the demised promises with-
out first obtaining the written consent of lassore.
In the event of ary litigation between leasee and lessor to enforce any
Provision of this lease or any right of either party hereto, the unsuccessful
party to such litigation agrees to pay to the successful. party all costs and ex-
penses, including reasonable attorney's fees incurred thereby by the successful
party, all of which shall be included in and as a part of the judgment rendered
in such litigation. If either lessor or lessee, without fault on their or its
part is made a party to arty litigation instituted by or against the other, such
other party shall indemnify the lessor or lessee, as the ease may be, who without
fault has been made a party to such action, and save them or it harmless from all
costs and expenses, including reasonable attorney's fees incurred by then or it in
connection with such litigation, except costa and expenses, if ary, which are
recoverable from other parties to the litigation.
Leasee shall pay all utilities which may be used in or upon the demised
premises during the term of this lease.
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In the event that any rent shall be due and unpaid, or if default scall
be mads in azp of the covenants herein contained, than it shall be lawful for
the said lessors to reenter the said promises and to remove all persons therefrom.
IM WITU98 WMWF, the parties hereto have caused this agreement to be
executed at Costs Mesa, California, this 11th day of October, 1955.
CITT OF COSTA MESA
67
r Anton fi:"We"troij & nWja T.
Executors of Setate of Fred A. Segerstrom,
deceased.
ATTEST:
cleric_
n cmeger roea ars
LESSEE
LESSORS
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