HomeMy WebLinkAbout- - FDC Attachment 3 - 3/30/20124'
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE FAIRVIEW DEVELOPMENTAL CENTER
AND THE CITY OF COSTA MESA
FOR USE OF FACILITIES
SUBJECT TO DEPARTMENT OF GENERAL SERVICES APPROVAL,
THIS MEMORANDUM OF UNDERSTANDING FOR JOINT USE HAS BEEN
PRODUCED BY AND FOR THE FAIRVIEW DEVELOPMENTAL CENTER AND THE
CITY OF COSTA MESA, AS A COLLABORATIVE EFFORT TO CREATE
OPPORTUNITIES FOR THE USE OF RECREATIONAL FIELDS AT FAIRVIEW
DEVELOPMENTAL CENTER CITY OF COSTA MESA PERMITTED USERS AND
DEPARTMENT OF DEVELOPMENTAL. SERVICES CONSUMERS RESIDING AT
FAIRVIEW DEVELOPMENTAL CENTER.
THIS Memorandum of Understanding (uMOU"), made an entered into in the City of
Costa Mesa, California, is dated as of by and Between the Fairview
Developmental Center ("FDC"), an enti duly organized and existing under the laws of
the State of California and the City of Costa Mesa {"CITY"), a municipal corporation and
public body.
Nothing in this MOU shall be construed to intend that the subject property (aFACILITY"
as defined below) is surplus to the needs of FDC or the State as defined in California
Government Code Section 11011.
RECITALS
WHEREAS, FDC is in legal control and possession of real. property and
improvements thereon in the City of Costa- Mesa ("FACILITY"), which is capable of
being used jointly by CITY and FDC Consumers for recreational purposes; and
WHEREAS, FDC is required to provide outdoor recreational facilities and
opportunities to consumers served by FDC and FACILITY is a vital and integral part of
the care, treatment, and habilitation services provided by FDC;
WHEREAS, FDC use of FACILITY is generally during daylight business hours
with limited need for evening and nighttime use and CITY needs are generally for non
business hours evening and nighttime use;
WHEREAS, FDC has limited funds for maintaining and improving FACILITY and
CITY has limited land resources for conducting CITY sponsored recreational programs;
WHEREAS, the CITY and FDC desire to use and improve FACILITY for
community recreational purposes and enhance opportunities for FDC consumer use
and programs;
03 2106 FDC MOU-Attach.doc
NOW, THEREFORE, for and in consideration of the collaborative agreements
herein contained, the parties hereto agree as follows:
I. TERM AND COMMENCEMENT
This MOU will commence as of the date in which the corresponding lease
document (L-2313) is executed in accordance with State policy and will continue for a
period not to exceed five (5) years (hereinafter called the INITIAL term), unless sooner
terminated as provided for herein.
During this initial term, CITY proposes to undertake certain improvements as
delineated in Section 713 (also see Exhibit 6). Further, during the initial term of this
MOU, parties shalt jointly endeavor to develop a FACILITY Masterplan. Improvements
identified for the FACILITY Masterplan are not mandated as a result of this MOU and
are dependent upon funding and approval from all vested Interests (i.e., FDC and
CITY). FDC and CITY agree to meet and confer upon the schedule of improvements
and length of future terns. If agreement on FACILITY Masterplan is not achieved
during the initial term, this MOU may be terminated in accordance with the terms and
conditions as specified in the subject lease (L-2313) or as provided for hereinafter In
Section 12 prior to the expiration of the MOU, or it may be extended -by mutual
agreement of the parties as allowed by State guidelines.
2. FACILITIES COVERED
The term "FACILITY°- will be used for the purposes of this MOU to mean all
property designated in Exhibit, A (Site Map).
3. HOURS QE O ERATION OF FACILITY
CITY will be entitled to use FACILITY for CITY -related youth (15 years old and
under) recreational activities, in accordance with the terns of this. MOU, Monday
through Friday, 4:00 to 8:00 p.m. and Saturday from 9:00 a.m, to 5:00 p.m. CITY -
related activities must cease at 8:00 p.m. weekdays and at 6:00 p.m. on Saturdays, but
participants, coaches, spectators, and referees small have 30 additional minutes to Gear
FDC property.
FDC retains the right to schedule full -or partial use of the FACILITY during CITY
days/hours up to four (4) events every calendar year (see section 4A for scheduling
parameters and minimum time frame of notification) provided that the total number of
event days does not exceed eight (8) days. FDC small have the right to unlimited use of
FACILITY during CITY days/hours for non -conflicting compatible use by its consumers
concurrent with CITY scheduled activities.
4. SCHEDULING USE OF FACILITY
D3 2106 FDC MCI-Athwh.doc 2
A. FDC and CITY will develop a master schedule for joint use of FACILITY.
FDC and CITY will schedule bi-annual meetings unless alternate meeting times are
mutually agreed upon. At these meetings both parties will review and evaluate the
status and condition of jointly used FACILITY, address outstanding issues related to
operational impacts on FDC, and will modify or confirm the upcoming six (6) months'
schedule.
B. FDC will have the opportunity to schedule activities after 4:00- p.m. and on
weekends one (1) month in advance of CITY -permitted users. Once the advanced
scheduling period has elapsed, FDC priority will revert to the same as other CITY Group
One User Organizations. CITY shall provide FDC with CITY schedule planning calendar
at least sixty (60) days in advance of start of FDC scheduling window.
C. The CITY will be responsible for scheduling use of FACILITY In
accordance with the terms of this MOU for community recreational purposes during
hours of CITY use. FACILITY will be used for youth programs only. For the purposes of
this MOU, youth shall be defined as age 15 and under. CITY may schedule concurrent
use of up to two (2) fields at any given time and permit up to two (2) teams per field.
D. CITY shall only permit use of FACILITY for practice sessions. Official
league game and tournament play is prohibited, unless otherwise agreed by FDC and
City. FACILITY will be permitted to:
1. CITY sponsored youth programs or activities.
2. CITY co -sponsored Group One User Organizations (90% resident
youth programs or activities).
3. CITY designated Group Three User Organizations (51 % or more
resident youth programs or activities).
E. CITY shall provide community user groups with permits authorizing use of
FACILITY and setting out rules and conditions of use as provided In this agreement and
the rules that govern use by the CITY. When rules appear to be In conflict, the more
stringent entity's rules shall apply.
F. CITY and FDC agree to schedule FACILITY for maintenance "rest and
renovation" periods for turf regeneration during which time no use small be scheduled by
either party.
G. FDC reserves the right to request staggered scheduling of consecutive
users to mitigate parking, traffic, and associated operational impacts on FDC.
5. OBLIGATIONS OF CITY
During the term of this MOU, CITY hereby covenants and agrees to the fo€lowing:
03 21O6 FDC MOU-.doc 3
A. Upon the expiration of the initial term of this MCU, or upon the sooner
termination thereof, and when surrendered, CITY will leave FACILITY in as good order
and condition as FACILITY was after CITY's initial improvements and renovations.
B. CITY will maintain, or cause to be maintained, turf as identified in Exhibit A
(Site Map) and any improvements made upon FACILITY by CITY as listed in Exhibit B.
This paragraph shall not be deemed to require installation of any cf the Improvements
listed on Exhibit B.
t. CITY shall maintain and/or improve sprinklers and irrigation
controller for the life of this agreement Repairs to irrigation system
may require access during non-use hours. FDC shall allow CITY
access for irrigation repairs. All irrigation systems beyond the valve
assembly as shown in Exhibit A shall be the responsibility of CITY.
2. Maintenance schedule and access shall be jointly agreed to by FDC
and CITY. FDC shall allow a minimum of 4 consecutive hours per
week during the 7:00 a.m. to 5:00 p.m. Monday through Friday time
window to perform routine maintenance. CITY will contact FDC as
need arises to approve extraordinary or other infrequent
maintenance.
3. CITY shall mow, or cause to be mowed, and provide rodent control
to the turf areas as identified in Exhibit A (Site Map), weekly, of as
needed during slow growth periods. Mowing frequency shall be
mutually determined. by FDC and CITY.
C. All utilities associated with CITY use and permanent improvements
installed as a result of this MOU shall be paid by CITY. CITY shall be responsible for the
incremental increase in water usage needed to maintain FACILITY turf in acceptable
condition for permitted uses. Exhibit C details the mechanism by which CITY and FDC
utility responsibilities will be determined.
D. CITY shall provide and maintain, or Cause to be maintained, portable
temporary rest room facilities for CITY -permitted FACILITY users. Reshwrns will be
located on City property as indicated on Exhibit A (Site Map) or at a mutually agreed
upon location on an as needed basis. Access to temporary nest room %cilitles shall be
provided at CITY cost via a gate installed in the fencing surrounding the FACILITY.
Restrooms shall he locked when not in use and will be fully screened to the satisfaction
of both parties.
E. CITY and/or CITY -permitted user groups shall be allowed use of portable
storage containers located on City property as indicated on Exhibit A (Sine Map) or at a
mutually agreed upon location on an as needed basis., CITY shall install an access gate
to allow direct access from FACILITY to adjacent CITY property.
03 21 06 FDC MOU-Wtsch.doc 4
F. CITY will allow no vehicles to enter upon turf area of FACILITY except as
may be necessary and authorized for the limited purposes of maintenance, operation,
and delivery of goods and services.
G. CITY shall appoint an employee with whom any authorized agent of FDC
may confer regarding the terms of this MDU.
H. CITY shall enforce all FDC rules, regulations, and policies during use of
FACILITY by CITY perm tied community users. CITY will inform all users of FDC rules,
etc., and will also make known to CITY -permitted users that compliance with all
applicable government codes is additionally required.
I. CITY shall provide for adult personnel necessary for the direction or
supervision of activities sponsored or permitted by the CITY during use of FACILITY.
J. CITY will hold user groups responsible for picking up trash and debris at
FACILITY and for depositing it into the proper trash bins. CITY may provide one (1)
three (3) cubic yard trash bin for CITY -permitted FACILITY users to be located at a
mutually agreed upon location on an as needed basis. If bin is located in a stand-alone
location, CITY shall provide screening or enclosure as required by FDC procedure.
K. CITY may provide portable, temporary lights for use by CITY -permitted
FACILITY users, until such time as permanent lights are installed. Use of portable lights
will be allowed until 8:30 p.m. CITY shall provide secure enclosure(s) for storage of
temporary lights during periods of non-use ("Non-use periodsr shall be defined as
periods of two weeks or longer). Enclosures shall be located at a mutually agreed upon
location at or near FACILITY on an as needed basis. FCC and CITY shall meet and
confer regarding placement of temporary lights. CITY shall need access to field to place
and remove temporary lights for re -fueling. FDC shall have the right to' approve the
type, make, and model of temporary lights prior to Installation.
L. CITY police forces shall be required to respond to incidents and/or
requests for services involving FACILITY during periods of CITY permitted use.
However, FDC reserves the right to use FDC police forces and/or assume incident
command if the incident primarily concerns FDC consumers, employees or guests at
FDC discretion. FDC police wail confer with City police In this event. Control of any
criminal act involving CITY permitted users at the site will be the purview of CITY police,
although FDC police may be first responders.
M. CITY shall only use maintenance products and materials on the
FACILITY that have been reviewed and approved by FDC.
S. OBLIGATIONS OF FDC
During the term of this MOU, FDC hereby covenants and agrees to the following:
03 2106 FDC MOU Attach dog 5
A. FDC shall appoint an employee with whom CITY, or any other authorized
agent of the CITY, may confer regarding the terms of this MOU.
B. FDC shall provide at least thirty (30) days' notice to CITY prior to making
any improvements or placing any equipment, containers or other objects that may
temporarily or permanently reduce area fisted in Exhibit A (Site Map). In the event of a
declared FDC, local, regional, state or federal emergency, FDC shall be granted
immediate access to FACILITY and all activities perm€ W by the CITY will be voided
until such time as the emergency has ended.
C. FDC reserves the right to cancel previously approved and permitted CITY
use of FACILITY. FDC will provide CITY with as much notice as is practical when
canceling previously approved CITY use of FACILITY. Cancellations shall only be made
for unforeseeable events or activities.
D. FDC will have the right to make emergency repairs to FACILITY and to
any Improvements made by CITY. In the event: that FDC has tD make. emergency
repairs to any improvement installed by CITY, FDC shall notify CITY within 24 hours of
the time when repairs were made and apprise CITY of what work was performed and
current condition of item repaired.
E. FDC shall maintain any improvements installed by FDC or by CITY that
are put in for the exclusive use of FDC consumers.
F. FDC shall pay that portion of the utility expenses attributable to its existing
fields and improvements, as set forth in the schedule shown on Exhibit "C" directly to
the applicable utility provider.
G. FDC shall, at its own expense, arrange for trash disposal for the contents
of City provided trash bins as part of its regularly scheduled trash collection. The
parties shall meet and confer regarding any issues arising from excess trash
accumulation.
H. FDC shall identify and make available nearby on -site parking sufficient for
use of the premises by the CITY, consisting of not less than forty (40) spaces.
VA
A. CITY will obtain prior written consent of FDC to make any alterations,
additions, or improvements to FACILITY. CITY understands that any such alterations,
additions, or improvements must comply with all state and focal standards.
B. Initial improvements to be made prior to onset of CITY -permitted use of
FACILITY shall include the following:
03 2106 FDC MaU-Attechdoc 6
1. Pest control, grading, top dressing, verticutting, sprinkler maintenance
and irrigation controller upgrade andlor other measures as needed to
meet playability standards of CITY utility fields. Scheduling of access
to FACILITY by CITY and its agents, as well as review of procedures
and methodology prior to onset of any work, shall be by mutual
consent of both parties. FDC agrees to provide access to site as
needed by CITY or its agents to perform work, which may Include the
use of heavy equipment. FDC further agrees to schedule no FDC use
of FACILITY during rehabilitation period of three (3) months following
completion of initial improvements.
2. CITY will remove or cause to be removed unutilizedlebandoned
equipment located on the property adjacent to the FDC fields and
provide FDC approved fencing or screening suitable to provide a visual
barrier between the FDC fields and the golf course storage site (see
Exhibit A. Site Map).
3. CITY will provide access to FDC fields from golf course for heavy
equipment and vehicles such as mowers, trash trucks, grading
equipment, etc.
C. CITY will remove unutilixed portions of blacktop surface located as
indicated in Exhibit A (Site Map) within six (6) months after date of approval of
FACILITY Masterplan.
D. CITY may undertake additional improvements by mutual consent of both
parties.
E. CITY shall maintain improvements, excepting those installed for the
exclusive use of FDC consumers, at its sole cost, during the tern of this Agreement.
8.OTHER TERMS AND CONDITIONS
A. All CITY -permitted FACILITY users shall be required to adhere to all FDC
policies,,_ --procedures, rules and regulations. FDC reserves the right to ban any
individual, team, group or league from use of FACILTY for violation of FDC rules and
regulations at the sole discretion of FDC. FACILITY users who fail to comply with FDC
rules and regulations may be asked to immediately leave the property. FDC will not be
responsible for recompense for costs or hours lost due to expulsion.
B. CITY agrees to monitor site sufficient to control permitted activities with
appropriate adult staff, which may include, but not be limited to Feld Ambassadors, City
Paris Rangers, City Police, and Recreation Division personnel. City and FDC shall meet
and confer to ensure monitoring of permitted activities at site is sufficient. FDC will be
03 2106 FDC Mou Attach.doc 7
provided emergency call numbers for all relevant personnel. FDC shall reserve the right
to use its own police force and/or personnel to enforce FDC rules and regulations and
State codes, laws, etc. as these pertain to their clients, employees and guests and/or
non -criminal infractions.
C. All CITY -permitted FACILITY users shall respect the privacy and sensitivity
of FDC consumers, visitors and staff. Users are to comply with all requests of FDC
administrators and managers regarding health and safety issues and impacts on facility
operations.
D. CITY -permitted FACILITY users shall be made aware that the site is on
California State Developmental Center property under the jurisdiction and control of the
State of California and that FDC has consumers who occupy housing in the same
general area.
E. CITY -permitted FACILITY users shall cooperate with FDC authorities, and
shall not interfere or cause interrerence with operations of FDC.
F. Clear access for emergency vehicles shall be maintained at all times.
G. Vehicular and pedestrian access to site shall be as directed by ,FDC.
H. FACILITY shall be available to FDC and State personnel and inspectors at
all times. CITY -permitted FACILITY users shall anticipate that FDC personnel will visit
the FACILITY on a frequent; irregular basis to observe activities. CITY -permitted
FACILITY users will keep a copy of their CITY -issued permit available for inspection at
all times of FACILITY use.
1. Amplified sound producing devices are prohibited at all times.
J. CITY and CITY -permitted FACILITY users shall report to FDC immediately
upon discovery the loss of any tools, equipment or materials stored or used on
FACILITY. FDC will not be responsible for tosses due to theft or otherwise. However,
this paragraph shall not be construed to obligate FDC to assume responsibility for
investigations of thefts reported to FDC.
K. Material Safety Data Sheets (MSDS) for all materials CITY uses on site
must be available on -site for all required materials and supplies.
L. No firearms, narcotics, drugs, intoxicants, alcoholic beverages, knives or
similar sharp objects, weapons of any kind, or other prohibited items are allowed on
FACILITY or FDC property at any time.
M. Ail CITY --permitted FACILITY users who drive a vehicle onto FDC property
shall remove ignition keys from their vehicle when they are out of the vehicle.
Unattended vehicles are to be locked at all times when on FDC property. All vehicles
03 21 oB FCC mou-Attach.doc 8
must park in designated parking areas (See Exhibit A, Site Map). Only ahead in"
parking is allowed. Additionally, vehicles dropping off and/or picking up FACILITY users
shall do so utilizing available parking spaces. The dropping and/or retrieving of
FACILITY users from the street, curb, or general central parking lot area is prohibited.
N. If CITY places locks on any improvements to FACILITY, FDC shall also
have the right to install a lock ("daisy chain") in order for both entities to have access to
said improvement, except for any facilities located on CITY property, as well as CITY
storage facilities and portable lights (except when in use on FDC FACILITY).
0. City employees and Meld users shall not have access to or use of any
facilities on the FDC site except for the recreational areas and related parking lot(s)
covered by this MOU.
P. Smoking is prohibited on FACILITY and/or FDC grounds.
Q. All City rules and regulations with respect to recreational field use and
allocation shall apply to use of FACILITY where they do not directly contradict the terns
of this MOU. Where redundant references to rules, regulations, or terms are present,
the more stringent shall apply.
R. No pets except Guide Animals) are allowed on FDC grounds.
S. Barbeyues or other heat producing devices are prohibited.
T. The taking of photographic or vid"raphic pictures is prohibited without
the written approval of FDC-
U. FACILITY users shall observe all FDC posted rules and regulations.
V. No foreign objects of any kind are to be discarded on FDC property.
9. LIABILITIES AND INDEMNIFICATION
A. CITY is financially responsible far damages to the real or personal
property of FDC mused by CITY or CITY -permitted FACILITY users' use of FACILITY.
Nothing herein shall be deemed to preclude CITY from seeking or obtaining
reimbursement from any responsible party.
B. CITY will indemnify, defend, and hold harmless FDC,-its officers, agents,
employees, representatives, and volunteers from damage to property and for injury to or
death of any person and from all claims, demands, actions, liability, or damages of any
kind or nature arising out of or in connection with activities or programs sponsored by
CITY at FACILITY, except those which arise out of the sole negligence of FDC. CITY
shall not be liable for damages arising out of or mused by an alteration or an
03 2106 FDC MOU-Mach.doc 9
attachment not made or installed by the CITY, or for damage to alterations or
attachments that may result from the normal operation and maintenance of the
improvements provided by the CITY during the term of the MOU
C. FDC will indemnify, defend, and hold harmless CITY, Its officers, agents,
employees, representatives, and volunteers from damage to property and for Injury to or
death of any person and from all claims, demands, actions, liability, or damages of any
kind or nature arising out of or in connection with activities or programs sponsored by
FDC at FACILITY, except those which arise out of the sole negligence of CITY.
D. When performing work on property in the cars, custody or control of the
State, CITY shall either be lawfully self -insured or shall maintain commercial general
liability insurance, workers' compensation insurance and any other appropriate
insurance the parties agree upon. Upon request, the CITY may be required to have the
State shown as an "additional insured" on selected policies of insurance which it may
have.
E. CITY agrees to indemnify, defend and save harmless the State, its
officers, agents and employees from any and all claims and losses accru€ng or resulting
to any and all contractors, subcontractors, or any person, firm, or corporation furnishing
or supplying work, services, materials or supplies in connection with the construction of
the improvements to be built on FACILITY by CITY. CITY small not permit any lien to be
placed on the property of the State in connection with any such work of improvement.
10. ASSIGNMENTS AND SUBLEASE
A. CITY may enter into agreements of use by permit with groups for
recreational purposes. CITY will be the sale permitting agent for FDC FACILITY during
CITY use Hours. Such agreements for use are subject to and deemed to incorporate by
reference all provisions of this MOU.
S. CITY may charge a fair and reasonable fee or accept in -kind services from
CITY -permitted FACILITY users to offset the costs associated with the use of
FACILITY.
C. Neither CITY nor FDC may assign or transfer this MOU, or any part
thereof, without the written consent of the other party.
11. NOTICES
A. All notices, statements, demands, requests, consents, approvals,
authorizations, appointments, or designations hereunder by either party to the other WHI
be in writing and will be deemed given and served upon the other party, if delivered
03 2106 FDC MOU-Attach.doc 10
personally or three (3) days after depositing in the United States mail, postage prepaid,
addressed to:
flilZoff-VA
City of Costa Mesa
11 Fair Drive
Post Office Box 1200
Costa Mesa, Caltfomla 92628-1200
Attention: Recreation Division Manager
12. TERMINATION
If to FDC:
Fairview Developmental Center
Costa Mesa, California 92626
Attention: Executive Director
This MOU may be terminated, with cause, at any time during the term hereof
by either party to this MOU upon six (6) months' written notice to the other party. No
such termination notice may be given until a written notice has been given to the other
party specifying the asserted cause for termination and giving that party at least thirty
(30) days to cure the condition or conduct which is alleged to be cause for termination.
13. SEVERABILITY AND APPLICABLE LAW
Whenever possible, each provision of this MOU will be interpreted in such a
manner as to be effective and valid under applicable law, but if any provision of this
AGREEMENT will be invalid under the applicable law, such provision will be ineffective
to the extent of such prohibition or invalidity, without invalidating the remainder of such
provision, or the remaining provisions of this MOU. This MOU has been made and
entered into in the State of California and the laws of said State will govern the validity
and interpretation hereof and the performance hereunder by the parties herein.
14. AGREEMENT
This MOU and the parties' lease sets forth the entire agreement between the
parties with respect to the facilities listed in Exhibit A (Site Map). Both parties must
agree to any modifications in the form of a written amendment.
i [+�ri?II kl ;~
The failure of CITY or FDC to insist upon strict performance of any of the
terms, conditions, or covenants in this MOU will not be deemed a waiver of any right or
remedy which CITY or FDC may have and will not be deemed a waiver of any right or
remedy for a subsequent breach or default of the 'terms, conditions, or covenants herein
contained.
03 2106 FDC MOU-Aftac h.doc 1 I
16. BINDING EFFECT
This MDU and all the terms, covenants, conditions, and agreements herein
contained will be binding upon and inure to the benefit of the parties hereto and their
respective successors.
IN WITNESS WHEREOF, this MDv has been duly approved by both FDC
and CITY.
FDC:
Fairview Developmental Center
(insert typed nffne)--
Manager
//
CITY:
City of Costa Mesa
.—
(insert typed name) -
Mayor
Dated:
Exhibit A Site Map
Exhibit B Site Improvements to be done by CITY in initial term
Exhibit C Utility Costs
03 2106 FDC MOU-Alfach.doc 12
EXHIBIT A
SITE MAP
2500 BLOCK, MERRIMAC WAY
FAIRVIEW DEVELOPMENTAL CENTER
EXHIBIT B PROPOSED SITE IMPROVEMENTS BY CITY
Initial Tenn Site Improvements:
Pest control
Grading
Top dressing
Verficu ing
Sprinkler maintenance
Irrigation controller upgrade
Rodent control
Trash bin enclosure (if needed)
Construction Fencing (near FDC Building to provide an area for FDC consumers during
perlods of field/FACILITY initial term improvements)
Other Non-permanerrt on -going initial term FACILITY Improvements:
Lockable portable rest rooms (located an City property) with screening/enclosure
3 cubic yard trash bin (if needed)
On -going FACILITY maintenance:
Mowing
Aerating
Sprinkler maintenance
Verticutting
Fertilization
Utter Control ('far days of use only)
Rodent control
Other Permanent Improvements to be done by CITY after adoption of FACILITY
Masterplan as funding permits:
Removal of unused blacktop area (within 6 months after approval of Masterplan)
Removal of fencing amund unused black tap area
Installation of beach volleyball court
Installation of bocce ball courts (2)
Additional Parking Facilities
Permanent lighting
Picnic area improvements
ADA to Code for area
Monument signage naming the field as the FDC Special Olympics Training Facility
Other items as agreed to by FDC and CITY in the Master Plan
03 21 QB FDC MOU-Altadh.doc 14
�` • STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES
REAL ESTATE SERVICES DIVISION
0
Location of Leased Premises
Fairvrew Developmental Center
2501 Harbor Blvd.
Costa Mesa, California 92626
ORANGE COUNTY
Agency Department of ❑evefopmental Services
Real Proplarty # 79D
GROUND LEASE for Athletic Field
Lease No. L-2313
Lessee City of Costa Mesa
THIS LEASE, dated for reference purposes only, March 29, 2OU7, is made by and between the State of CalNomia,
acting by and -through tts Director of the Department of General Services, with the consent of-tha Department of
Developmental Services, hereinafter called STATE, and the City of Costa Mesa, a California municipal
corporation and public body, hereinafter oiled CITY.
RECITAL5:
WHEREAS, the State has under Its control and jurisdiction certain property known as Fairview
Developmental Center (the "STATE'), 2501 Harbor Boulevard, Costa Mesa, California 92626, situated in the
County of Orange; and
WHEREAS, pursuant; to Government Code Section 14670(a), the Director of the Deparbiient of General
Services (the "DGS°), with the consent of the Department of Developmental Services (the "DDS'), is authorized to
let STATE -owned read property for a period not to exceed five years if the DIna:tor deems such letting is in the
best Interest of the.STATE and
WHEREAS, STATE is required by law to provide outdoor recreational facirriles and opportunifies .to
consumers served by STATE;
• WHEREAS, STATE has limited funds for maintaining and improving outdoor facilities that are Vital and
integral to the care, treatment, and Habilitation services provided by STATE;
WHEREAS, the CITY provides Flaying fields and athletic facilities to the public through its recreaation.
programs --and local . organizations, has limited land resources for conducting CITY sponsored recreational
programs, is subject to increasing demand,. and accordingly seeks cooperative joint -use agreements with public
land owners for shared -use athletic facilities;
WHEREAS, STATE use of the Premises is usually during daylight business hours with limited need for
evening and nigMtime use, and CITY recreation programs needs are usually for weekend, evening and nighttime
use;
WHEREAS, the STATE's policy is to make evallabte for Luse property under its control, when it is for the
benefit of the public, and same is cormistant with the State of Caitfom€a's program needs; and
WHEREAS, CITY and STATE desire to jointly use and improve the STATE playing fields for STATE
consumers and community recreation and it is in the best interest of the STATE that a Lease to develop the
campus of STATE be consummated between STATE and CITY on the terms and conditions herein contained;
NOW, THEREFORE, in consideration of the mutual promises and agreements set forth herein, STATE
and CITY hereby agree as follows:
WITNESSETH:
NOW THEREFORE, the parties agree to the provisions that follow and are incorporated herein as:
Section 1: Site Specific Provisions
Section 2: Ground Lease Specific Provisions
Section 3: Standard Provisions
Rage 1 or2D
Lease No. L' 2313
STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES
REAL ESTATE SERVICES DMSiON
SECTION' - SITE SPECIFIC PROVISIONS
PR0FE1W 1.STATE does hereby lease to CITY, and CITY hereby hires from STATE an area of land -within the
oESCRFM4 boundaries of the Fairview Developmental Center, situated in the City of Costa Mesa, County of
Orange, State of California, 92626, as shown on Exhibit "A" attached hereto. CITY acknowledges that
access to the playing field is through STATES private property, and thus, CITY has limited access by
road to the above described playing field and parking areas accompanying the playing field. CITY'S
area consists of the following components:
(a) Playing field — An area of approximately five (5) acres of land located adjacent to North
Shelley Circle ►nrittun the Fairview Developmental Center site.
(b) E&rUW — At least 40 "headtn" parking spaces located within proximity to the Playing Feld.
(c) Access - Non-mmIusive right of ingress and egress for approximately one (1) mile from the
terminus of the public road to the Playing Field site Including the above described areas_
Together the Playing Field, the Access and the Parking are hereinafter called the °Premises' as
outlined in Exhibit `K consisting of 3 pages, attached hereto and incorporated herein. CITY has
visited and Inspected said Premises, and it is agreed that the land area stated herein and on the
attached Exhibit "A" is only approximate and the STATE does not hereby warrant or guarantee the
actual square footage included hereunder.
JoWi15E 2. (a) The Premises shall be used during the term hereof jointly by CITY and STATE Consumers for
recreational purposes_
(b) CITY shall have a non-eexclusive right of Ingress and egress to the Premises from the terminus
of the authorized access road to the above described leased areas during CITY'S periods of
use authorized by STATE
TERM 3. The term of this Lease shall be, five (5) years, commencing on April 1, 2007, and terminating on
March 31, 2012, with such rights of termination as may be hereinafter expressly set fbdh.
aDEFrrwwcF 4. STATE agrees to waive the Rent for each period or past thereof that CITY provides the in-reu Rent
RSir Benefit. In the event that any of the In- lieu benefit to the STATE is discontinued for any reason,
STATE shall notify CITY in writing of such default for failure to provide to STATE such In-lleu Rent
Benefit. and CITY shall either promptly commence provision of the In -lieu Rent Benefit or this Lease
and the use of the field by CITY shall terminate. The CITY'S contribution constituting the inaleu Rent
Benefit is as set forth on Exhibit "B' hereto, generally described as:
(a) Ball Field Construction and Maintenance of Turf. The CITY shall plan, construct mow and
maintain the Playing Field at the Premises, and all improvements used by CITY or its
Permitted Users thereon.
(b) Waterigg . CITY shall perform watering to the Premises, subject to the provisions of Section
1, Paragraph 5 hereof.
(c) lrri do ms - CITY shall upgrade and maintain existing irrigation systems for the
Premises.
unurrES 5- tad CITY agrees to separately meter the �Pramises for all utility costs (i e., electricity and water) in
connection with C€T`eS use of the Premises during the term of this Lease. This expense
excludes trash pick-up_ Utility payments shall be made payable to and sent directly to the
utility provider.
(b) CITY shall comply with energy conservation measures required by law, or reasonably
required by STATE as the result of an energy crisis. STATE shall not be liable to CITY for
failure to -provide utilities for causes beyond STATE's.control_
PLAYM FMD 6. Prior to occupancy, CITY and STATE shall each designate In writing to the other party a
FmwwA.Tmis representative who shall be responsible for the day today issues of operation, maintenance,
cleanliness and general order. CITY'S designated representative shall be available at all timesduring
City's permitted use, and STATE may contact CITY's Communications Center, (714) 754-5252, at any
R eWW20
Lease Nm L. 2313
STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES
REAL ESTATE SERVICES DTViS1ON
SECTION 'I - SITE SPECIFIC PROVISIONS
other time and CITY'S des-ignated representative shall be empowered to immediately address any
concerns of STATE, due to the sensitive nature of the STATFS consumers, clients and users of the
Fairview Development Center.
CAMMLATION 7. Any willful violation of the terms of this Lease or the Fairview Developmental Centers rules and
regulations shall be grounds for cancellation of the Lease and removal of the CITY, except that CITY
shall have the right to receive notice of such violation and a period Of 10 calendar days, only if such
violation is curable, to cure prior to any such cancellation, and only if CITY fails to cure the specified
violation shall cancellation be perry Med pursuant to this section. Cancellation or termination of this
Lease shall result in the Memorandum of Understanding executed by and between the parties on
'L vv7 also be terminated simultaneously -
EARLY S. (a) The parties hereto agree that STATE may terminate this Lease at any time during the term
TEFVdMTCN Hereof by giving written notice to the other party, ninety (90) days prior to the date when such
termination shag become effective. If STATE elects early termination of the Lease, STATE shall
reimburse CITY for the prorated share of Initial Improvement costs incurred by CITY.
(b) Notwithstanding the above early termination clause, this Lease may be terminated at anytime
by STATE upon default by CITY of any covenant contained herein.
(c) Termination of this Lease for any reason shall also constitute termination of the Memorandum
of Understanding. Termination of the Memorandum of Understanding shall also constitute
terrninatfori of the Lease. If CPN terminates its Memorandum of understanding with the STATE,
CITY shall concurrently give ri tice to terminate this Lease.
HOLDING 9. STATE offers and CITY accepts no assurance that the Premises or any other comparable land and
OVER & facilities at the Property described herein will be made available to CITY beyond the Germ stated
LEASE above or as, said term is reduced as provided herein.
RENEWAL
NOnIS 10 (a) All notices or other communications required or permitted hereunder shall be In writing with
Lease number L-2313 prominently displayed, and shall be personally delivered (including by
means of professional messenger service) or sent by overnight courier, or sent by registered
or certified mail, postage prepaid, return receipt requested to the addresses set forth below, or
sent by electronic facsimile to the fax numbers set forth below.
(b) All such notices or other communications shall be deemed received upon the earner of (1) if
personally delivered or sent by overnight courier, the date of delivery to the address of the
person to receive such notice, (2) if malted as provided above, on the date of receipt or
rejection, or (3) if sent by fax, when mceived by the other party if received Monday through
Friday between 8:00 a.m, and 5:00 p.m. Pacific Standard Tlme so tong as such day is not a
state or federal holiday and otherwise on the next day provided that if the next day is
Saturday. Sunday, or a state or federal holiday, such rmAlce shall be effective on the following
a business day.
TO STATE: Department of General Services
Department of General Services Department of General Services
Real Estate Services Division Real Estate Services Divlslon
SOLD (L-2313) SOLD (L-2313)
P.O. Box 989092 707-3rd Street, Fifth Floor
West Sacramento, CA95798-9052 West Sacramento, CA 95605
(916) 375-4025 (phone) (916) 375-4029 (fax)
P8923 Or 20
Lease No. L- mn
STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES
REAL ESTATE SERVICES O1V WN
SECTION 'I - SITE SPECIFIC PROVISIONS
TO DDS: California Department of Developmental Services
(note: U.& Postal Services will not deliver to street address)
Department of Developmental Services
Health and Program Support Branch
Developmental Centers Division
1600-9th Street, Room 340, MS 3--16
Sacramento, CA 95B14
(916) 653-2457 (phone) (916) 654-3666 (fax)
Fairview Developmental Center
2501 Harbor Blvd.
Costa Mesa, California 92625
(714) 957-5000 (phone) (714) 957-5510 (fax)
TO CITY: City of Caste Mesa
Post Office Box Address
Street Address
City of Costa Mesa
Jana Ransom, Recreation Manager City of Costa Mesa
City of Costa Mesa 77 Fair Drive
P.D. Box 1200 Costa Mesa, Califomla 92628-1200
Costa Mesa, CA 92528-1200 Attention: Recreation Division Manager
(714) 754-5654 (phone) (714) 957-5510 (fax)
(b) Notice of change of representative, address, telephone or fax number shall be given by written
notice in the manner described in this Paragraph. CrrY Is obligated to notice all STATE
offices rrsted above and the failure to provide notice to all STATE offices will be deemed to
constitute a lack of notice.
Cr- 11. Proof of insurance is required in accordance with Section 3, Item 18,
mmuR mm 12. HOURS OF OP_EIRATfON OF FACILRY
Cr-AGREEMOff CITY will be entitled to use FACILITY for CrfY-related youth (15 years old and under) recreational
activities, in accordance with the beans of this Lease, Monday through Friday, 4:00 to 8:00 p.m. and
Saturday from 9:00 a.m. to 5:00 p-m. CITY -related activities must cease at 8:00 p-m_ weekdays and
at 5:00 p.m. on Saturdays, but participants, coaches, spectators, and referees shall have 30 additional
minutes to dear FDC property.
_FDC retains the rightto schedule full or partial use of the FACILITY during CITY daysihours up to
four (4) evebts avery calendar year provided that the total number of event days does not exceed
eight (8) days except as prdvided for in Section 1, Paragraph 14. FDC shall have the right to unlimited
use of FACILITY during CITY dayslhours for non-coni€icting compatible use (FDC shall solely
determine 9 such activities are compatible) by its consumers concurrent with CrrY scheduled
acilvides_
13., OBLIGATIONS OF CITY
CITY hereby covenants and agrees to the following:
(a) CITY ► All maintain, or cause to be maintained, turf as identified in Exhibit A (Site Map) and any
improvements made upon FACILITY by CITY as listed in Exhibit B. This paragraph shall not
be deemed to require installation of any of the improvements listed on Exhibit B.
1. CITY shall maintain andlor improve sprinklers and irrigation controller for the 1€fe of this
Page 4 or 70
I ease Na L 2313
STATE of CALIFORNIA DEPARTMENT of GENERAL SERVICES
REAL ESTATE SERvJcES ONISICH
SECTION I - SITE SPECIFIC PROVISIONS
agreement Repairs to irrigation system may require access during non-use hours. STATE
shall allow CITY access for Irrigation repairs_ All irrigation systems beyond the valve
assembly as shown in Exhibit A shall be the responsibility of CITY.
(b) All utilities associated with CITY use and permanent improvements installed as a result of this
Lease shall be paid by CITY. CITY shall be responsible for the incremental increase in water
usage needed to maintain FACILITY turf in acceptable condition for permitted uses. Exhibit C
details the mechanism by which CITY and STATE utility responsibilities will be determined.
(c) CITY shall provide and maintain, or cause to be maintained, portable temporary nest room
facilities for CITY -permitted FACILITY users. Resti corns will be located on the north side of
the existing fence and as Indicated on Exhibit A (Site -Map) of at a mutually agreed upon
locatlon on an as needed basis, Access to temporary rest room faoffides shall be provided at
CITY cost via agate Installed In the fencing surrounding the FACILITY. Reshwms shall be
loud when not in use and will be fully screened to the satisfaction of both parties.
(d) The CITY shall insure that CITY users are familiar with the rules, regulations, and any terns
that goverrl the CITY users conduct at FACILITY, and will Inform CITY users about the special
needs and conduct required when dealing with, associating with, or interacting with STATE
FACILITY consumers, clients, and guests CITY shall remain responsible to ensure that CITY
users are familiar with the rules, regulations, and terros.end shall be responsible for any
consequences of failure of CITY users to comply with rules, regulations, and terms herein. RII
CITY -permitted FACILITY users shall be required to adhere to all FDC policies, procedures,
rules and regula ons FQC reserves the right to ban any tndhridual, learn, group or league
frorrr Use of FACILTif for violation of FQC rules and regulations at the sole discretion of Foc.
FACILITY users who fall to comply with Ft]C rules and regulations may be asked to
irrtrnediateiy leave the property. FDC will not be responsible for recompense for costs or hours
lost due to expulsion. The person whose name appears on any issued permit for use of the
Premises shall be present during users activities and be responsible for knowledge of all FDC
rules and regulations which are described generally at Section 1, paragraph 15 below.
(a) CITY andlorCI YInrmitted user groups shall be allowed use -of portable storage containers
kcated on the north side of the existing fence and as indicated on Exhibit A (Site Map) or at a
mutually agreed upon location on an as needed basis. CITY shall install an access gate to
allow direct access from FACILITY to adjacent CRY property.
(f) CRY will allow no vehicles to eater upon turf area of FACILITY except.as may be necessary
and authorized for the limited purposes of maintenance, operation, and delivery of goods and
servkes and will be responsible for the immediate repair or restoration of the FACILITY from
such vehicle use.
(g) CITY will hold user groups responsible for picking up trash and debris at FACILITY and for
depositing it into the proper trash bills. CRY shall be responsible for any trash or debris left at
ft facility and may be charged the cost of dean -up andlor trash or debris disposal by STATE
if It leaves trash and debris attire FACILTY after any use by CITY_ At the request of FDC,
CITY shall provide one (1) three (3) cubic yard trash bin for CITY permitted FACILITY users to
be locatdd at a mltually agreed upon location on an as needed basis. if bin is located in a
stand-alone location, CITY shall provide screening or enclosure as required by STATE
procedure. (See Section 2, paragraph 14 for further explanation.)
(h) CRY rhay provide portable, temporary lights for use by CITY -permitted FACILITY users, until
such time as permanent fights are Installed. Use of portable fights will be allowed until 08..30
P.m. CITY shall provide secure enclosure(s) for storage of temporary lights during periods of
non-use rNon�se periods' shall be defined as periods of two weeks or -longer). Enclosures
shall be. located at a mutually agreed upon location at or near FACILITY on an as needed
basis. STATE and CITY shall meet and confer regarding placement of temporary lights. CITY
shall be given access to the field, and related property shown on Exhibit A, to place and
remove temporary lights, Including for any required re -fueling- $TATE shall have the right to
approve the type, make, and model of temporary lights prior to installation. FCC
Page 8 Of 20
lease H4 L- 2313
STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES
REAL ESTATE SERVICES DWIStON
SECTION 1 -- SITE SPECIFIC PROVISIONS
representative shall have the right to approval of light placement and orientation
(t3 CITY police forces shall be required to respond to incidents andlor requests for services
involving FACILITY during periods of CITY permitted use. However, STATE reserves the right
to use STATE (Fairview Development Center) police forces andlorassume Incident command
If the Incident primarily concerns STATE consumers, employees or guests at STATE
discretion. STATE police will confer with City police in this event. Control of any criminal art
involving CITY permitted users at the site will be the under the purview of CITY police,
although STATE pollee may be brit responders. However, any disputes as to incident `
command or jurisdiction shall be determined solely by STATE, if the incident occurs on the
STATE propedy-
0) CITY shall only use maintenance products and materials on the FACILITY that have been
reviewed and approved by STATE. CITY shall endeavor to limit the use of any toxic or
hazardous substances, and shall at all times remain responsible for the storage, use and
transportation of any toxic or hazardous substances. CITY shalt notify and provide any
requested information on any hazardous substances brought on the STATE property, prior to
use andfor transport
(k) CITY acknowledges that parldrrq on the STATE's property will be limited and that STATE will
Issue citations as to parking violations and other violations of the rules and regulations which
may result in tines for CITY users. CITY shall assist as much as possible In the collection of
such fines and shall try to limit violations by use of CITY personnel, users, guests and Invitees
who are on site during such use.
14. QgUQ T 0h S OF STATE
During the term of this Lease, STATE hereby covenants and agrees to time following:
(a) STATE shall provide at least thirty (30) days' notice to CITY prior to making any improvements
or placing any equipment, containers or other objects that may temporarily or permanently
reduce the area fisted in Exhibit A (Site Map). In the event of a declared STATE, local,
regional, state or federal emergency, STATE shall be granted Immediate access to FACILITY
and all activities permitted by the CITY will cease until such time as the emergency has
ended.
(b) STATE reserves the right to cancel previously approved and permitted CITY use of FACILITY.
STATE will provide CITY with as much notice as Is practical when canceling previously
appraved CITY use of FACILITY. Cancellations shall only be made for unforeseeable events
or activities. STATE shall not be responsible, In any way, including, but not limited to, for any
damages, fees or casts as a result of such canceliatkm.
(c) STATE will have the right to make emergency repairs to FACILITY and to any improvements
made by CITY. In the event that STATE has to make emergency repairs to any improvement
installed by CITY, STATE shall notify CITY within 24 hour: of the time when repairs were
made and apprise CITY of what work was perfomied and the current condition of item
repaired.
(d) STATE shall maintain any improvements Installed by STATE or by CITY, that have been
approved by -the STATE, that are put in for the exclusive use of STATE consumers.
(e) STATE shall pay, directly to the applicable utility provider, that portion of the utility expenses
attributable to its existing fields and improvements, as set forth in the schedule shown on
Exhibit 'C.'
(f) STATE shall, at its own expense, arrange for trash disposal for the contents of City provided
trash bins as part of its regularly scheduled trash collection. The parties shall meet and confer
to resolve any issues arising from excess trash accumulation.
15. OTHER TERMS AND CONDITIONS
CRY shall also be solely responsible to ensure that all these terms and conditions are met by
CITY users:
(a) All CITY -permitted FACILITY users shall be required to adhere to all STATE policies,
Page 6 of 20
Lease Ka L-2343
STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES
REAL ESTATE SERVICES DMSfON
SECTION 1 - SITE SPECIFIC PROVISIONS
procedures, rules and regulations. STATE reserves the right to ban any Individual, team,
group or league from use of FAULTY for violation of STATE rules and regulations at the sole
discretion of STATE. FACILITY users who fail to comply with STATE rules and regulations
may be asked to Immediately leave the property. STATE will not be responsible for
recompensefor casts or hours lost due to expulsion.
(b) City users are to comply with all requests of STATE administrators and managers regarding
health and safety issues and impacts on facility operations.
(c) CITY -permitted FACILITY users shall be made aware that the site is on Califomia State
Developmental Center property under the jurisdiction and control of the State of Caiifomia and
that STATE has consumers who occupy housing in the same general area. All CITY-
permit#ed FACILITY users shall respect the privacy and sensitivity of STATE consumers,
visitors and staff.
(d) CRY -permitted FACILITY users shall cooperate with STATE authorities, and shall not
interfere or cause interference with operations of STATE.
(e) Clear access for emergency vehicles shall be maintained at all times.
(f) Vehicular and pedestrian access to site shall be as directed by STATE
(g) FACILITY shall be available to STATE and State personnel and inspectors at all times. CITY -
permitted FACILITY users shall anticipate that STATE personnel will visit the FACILITY on a
frequent, irregular basis to observe activities. C17Y-perm*ed FACILITY users will keep a copy
of their CITY -issued permits available for inspection at all times of FACILITY use.
(h) Amplified sound producing devices are prohibited at all times.
(i) CITY and CITY -permitted FACILITY users shall report to STATE, immediately upon discovery,
the loss of any tools, equipment or materials stored or used on FACILITY. STATE will not be
responsible for losses due to theft or othelwlse. However, this paragraph snap not be
construed to obligate STATE to assume responsibility for investigations of thefts reported to
STATE.
{j) Material Safety data Sheets (MSDS) for all materials CITY uses on she must be available on.
Site for all required materials and supplies-
(k) No Firearms, narcotics, drugs, intmduants, alcoholic beverages, knives or similar sharp objects,
weapons of any kind, or other prohibited items are allowed on FACILITY or STATE property at
any time.
(1) If CITY places lochs on any improvements to FACILITY, STATE shall also Have the right to
Install a look rdalsy chain'} in order for both entities to have access to said improvement,
except for any facilities located an CITY property, as well as CITY storage facilities and
portable lights {except when In use on STATE FACILITY).
(m) City employees and field users shall not have access to or use of any facilities on the STATE
site except for the recreational areas and -related parking lot(s) covered by this Lease.
(n) Smoking is prohibited on FACILITY andfor STATE grounds.
(o) All City rules and regulations with respect to recreational field use and allocation shall apply to
use of FACILITY where they do not directly contradict the terms of this Lease. Where
redundant references to rules, regulations, or terms are present, the more stringent shall
apply.
(p) No pets (except Guide Animals) are allowed on STATE grounds.
(q) 6arbeques or other heat producing devices are prohibited.
(r) The taking of photographic or video -graphic pictures is prohibited without the written approval
of STATE.
(s) FACILITY users shall observe all STATE posted rules and regulations.
(t) No foreign objects of any kind are to be discarded on STATE property.
Page 7 oral]
Lease KQ L- 2313
STATE OF CALWORNIA DEPARMENT OF GENERAL SERVICES
REAL ESTATE SERVICES DIVISION
SECTION 1 - SITE SPECIFIC PROVISIONS
16. PERMITTING
(a) CITY may enter into agreements of use by permit with groups for recreatlonai purposes. CITY
will be the sole permitting agent for STATE FACILITY during CITY use hours. Such
agreements for use are subject to and deemed to incorporate by reference all provisions of
this Lease.
(b)CITY may charge a fair and reasonable fee or accept in -kind services from CITY -permitted
FACILITY users to offset the costs associated with the use of FACILITY.
(c) Neither CITY nor STATE may assign or transfer this Lease, or any- part thereof, or any rights
thereunder, without the written consent of the other party.
End of Section 1
Page a o120
Luse No. L- 2313
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
REAL ESTATE SERVICES DIVISION
SECTION 2 - GROUND LEASE SPECIFIC PROVISIONS
ROAD ACCESS AND FEES. CITY agrees to the following
terms and conditions regardrcrg the use of said access road;
(a) CITY shag exercise its right personally or through its
authorized agents employees, contractors, servants and
Pemeitted Users whenever it is necessary.
(b) CITY shall use said road at is sole risk and avoid
traveling upon it to the greatest practical extent at all Lanes
when weather conditions are such that excessive damage to
Me road surface may result from such use, and further. CITY
shall, at its expense, PrOMfrHy repair any road damage
caused by Its use, Including such road surface pmtedtve
features as water drains, beans, or adverts,
Z ACCESS TO PREMtSF.S. Only the CfTY, its property
quallged and authorized agents, employees, contractors,
servants, and PermMed Users shall have the right of ingress
to arrd egress from said Prenrrlses.
3. REGULATION 6Y STATE, STATE shall, through the
FakvWw DevaiopmutW Center's Adndnlstrative Services
Dlreclor, have t#re till power and right to determine and
regulate the operations of the CITY hsxrfar as they affect the
operation, safety of consumers and the e0active use of
STATE -owned facRtles at Fairview Developmental Canter.
4. RIGHT TO ENTER. During continuance in force of this
Lease, there shag be and Is hereby expressly reserved to
STATE and to any of its agencies, contractors, agents,
emporyees, representatives or licensees, the right at any and
all times, and any and all places, to temporarily enter upon
said Premises for survey. Inspection, or any other lawful
STATE purposes.
5 SWRMHVE B& MODIFICATIONS. CITY at Its sole cost
and expense may, sti4ect to the approval of FDC, from three
to time during its tenancy of the Premises:
(a) Furnish, install and use at the Premises such
Improvemermis and property of whatsoever kind and nature
as CITY and STATE mutually deems necessary consistent
With the purpose of tilts Lease as set forth in "Use'
Section hereof,
(b) Improve the Promises in a manner consistent with the
purposes of this Lease as set forth In 'Use" Section herea,
and provided further that plans for the construction or
enlargement of any improvement will be submitted to
STATE In advance of such construction or enlargement, -
and will be sub)ed to written approval by STATE. Such
approval by STATE shall not relieve CITY of the cbggatton
of cMVJying with any and all terms and conditions of this
I ease; CITY shall notify the STATE thirty (30) days prior to
the actual construction. No further approval by STATE or
FDC shall be required to install the Improvements called for
in Exhibli'W hereof prtor to approval of any FadTity master
Plan.
(c) In making arty excavation and/or Instafiation of
equipment on the Premises and/or easement areas, CfTy
shag make the same in such manner as will cause the least
injury to the surface of the ground around such excavation
and/or construction, and shag replace the earth so removed
by It and restore the surface of the ground and any
Improvement thereon to as near the same condition as they
were prior to such excavation as Is practicable.
St
DISPOSiTIDN OF CITY'S PERSONAL PROPERTY.
(a) During the term of this Lease, ail personal property
placed in, upon, or under the Premises by CITY shah remain
the property of CITY and SW be removed by CITY, at its
sole cost and expense within thirty (30) days Otter expiration
or ter ination of CITY'S tenancy.
(b) Should CITY fad to remove sold equipment and personal
P[Wwty within thirty (30) days after expiration or termtnafion
of the Lease, STATE may do so at the risk of CITY. Upon
written demand by STATE. CITY shall Immediately pay elf
costs end expenses of the removal of Cnys personal
property and equipmentl.
(c) CITY may, .however, with written consent of STATE,
abandon in place any and all of CrMS equipment and
personal property, whereupon, as abandoned, title to said
improvements will vest in STATE .
7. SilRRlcWE: OF PREMES. Upon termination of this
Lease for any cause, the CITY snap mmova any and an of
Ct7Y'S equipment and personal property and reshm the
entire Premises to its condition prior to the exactftn of this
Lease, eo coot however, the STATE may approve. in writing,
any deviation from this requirement
CnY'S SECURITY. 'CITY shag be responsible for the
searrtty of the Premises and all parsons In its program While
such persons are In, on or about the Premises. In the event
of a serious securlty emergency the Stale shag cooperate
with the staff of CITY, but such assistance shall rat interilare
with the State's normal treatment program. Rules and
regulations governing employees and customers of the
Developmental Center which are applicable to CITY shall be
strictly adhered to by Ci7Y'S star,
9. FREIPOLtCE PROTECTIOX CITY Is a separate and
dls Inct entity from Fairview Developmental Center and shall
so Inform the 166iii Fire and Police Agencies. The STATE
shag in no way be responsible W gable for such protection to
CiTY.
10. MEDICAL Meftel support shall not be provided by
Fairview Developmental Center or by STATE. Necessmy
emergency medical or surgical care of Cff1^S chants and
arnployees will be lessee's responsibility. As used herein.
Ihfs is intended to mean that CITY shalt be gable for any and
all medical and/or surgical care costs for CITY'^ employees
served by CrrfS program
11. EMERGENCY PREPAREDNEss. CITY agrees to be
resparwitile for mal3rtafning an emergency preparedness
Program for CfTY. CITY shall not rely an STATE to provide
food or suppiles during a lots{ or area wide disaster. STATE
WIN, If time and material allow, assist CITY during a dbasler.
12. PAR)UNG. CITVS employees„ Their guests and invitees
and Permitted Users shall have the use of time Fahviaw
Developmental Center, of non reserved designaled
automobile parking areas, driveways, and footways, subject
to rules and regulations for the use thereof as prescrib d
from tune to tlme by STATE. STATE reserves the right to
designate parking areas within reasonable proximity to the
Premises for CITY'S agents, invitees, and empioyeea
Parking i5 allowed in designated parking areas only.
Page 9 of 20
Lee- N M L. 2313
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
HEAL ESTATE SERVICES DMSION
SECTION 2 - GROUND LEASE SPECIFIC PROVISIONS
13. CITY GUARANTEES. CITY hereby guarantees, for the term
of this Lease any and all work or services performed by
CITY or CTY'S properly quat"dled or authorized agents,
employees, con Vectors and servants, in order to accomplish
the lns gation andrormaintananoe of its Playing Field at the
StATE'S fadlktles. All casts to repair or replace STATE'S
eadxtiny Irrigation systems upon the Premises shall be the
sole responsibl% of CITY durlrg the term of this Lease.
End of Section Z
14. TRASH: CITY shall pick up trash and debris at
Premises and depcsd. trash In !lash bins. ,STATE shall
allow CITY to use the eob6ng three (3) cubic yard trash
bin for the Pripmises, If CITY needs addrilmal capaply
for CITY-perm>7ted !Isere CITY may provide one (1)
additional Three (3) cubic yard trash bin. such trash bin
to be enclosed to STATE standards and located at a
mutually agreed upon location. STATE shall, at its
expense, arrange for bash disposal for the contents of
Cray Provided trash bins as part of Its regularly
scheduled trash collection
!?age Ste flf 20
Lease No. L- 2313
STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES
REAL ESTATE SERVICES DrvIs1ON
SECTION 3 --- STANDARD PROVISIONS
1. PERMITS AND APPROVALS_ The parties agree that
CITY'S ability to use the Premises is dependant upon CTTY
obtaining ail of the esriificates, permits, licenses, and other
approvals that may be required from any third party. Stela
wilt cooperate w tr CITY, it at no expense to State, in CITY'S
effort to obtain such approvals in connection with said
permits, Ownees or other approvals
Lt:A5E MODIFICATION FEES_ An a ministratlon fee shall
be assessed for any action originated by CITY requiring
lease administration ortectmical review staff wnrk by STATE
which result In an amendment to, or assignment of this
[Ease. To initiate such services, CITY must submit a wfflen
request to DDS. The administration fee will be assessed at
Ito pnrnMng rate In affect at the tine the request is
received. CITY will be required to remit the
adminletralionRed3nical review fee to the DGS address listed
In the 'Whims Paragraph at M Lease. if the request Is
lbund to be complex andlor requires non$tandard handing
for adminisInAke services. the transaction will be billed at
the DGS murent hourly rate for the actual additional hours
required to Complete the requested administrativaAachnical
review serrtces.
3. DEFAULT. CITY shall make all. payrnm is to the STATE
without deduction, derauit or delay. In the event of the
failure of CITY to do s0. or In the event of a breach of any of
the other temps, covenants or conditions herein Canhfted on
the park at CITY to be kept and performed. and If spch
dedauft condnues for a period of thlty (A days after recxelpt
of written notice from STATE to CRY of such default, this
Lease may, at the STATUS sole disereton, be terminated.
In the event of temdnadon of this Lease, It shall be lawful for
STATE to reenter Into and upon the Premises and everypart
themeot and to remove and store al CITYS expense ail
property there from and to repossesa and occupy the
Premises. In the event STATE lambnates this Lease
pursuant to this Paragraph, the STATE shell not be required
In pay CITY any sign or sums whatsoever.
4. INTEREST ON PAST DUE OBLIGATIONS. STATE may
change interest, for any amount due m STATE but not paid
when due, at a rate equal to the annual maximum hate
allowable by law from the due data. Payment of such
interest together with the amount due shall excuse or cure
any monetary default by CITY under the "Defarrlr Paragraph
herein.
5. COMPLIANCE VV€Tt f LAW& CITY shall at its sale cost and
axpansa comply with all the statutes, laws, ordinances and
regulations of at munkipal, state and federal authorities now
In fence or Which may hereafter be In form pertainlrg to tie
Prerrdses and use of the Premises as provided by this
I ease,
6 FAILURE TO PERFORM. In the event of the failure,
neglect, or refusal of CfiT to do, or perhum work or any
part thereof.' or any act or thing In this I ease provided to be
done and performed by Ct Y., STATE wilt, at is option, have
the right to do and perform the same, and CiTY hereby
covenants and agrees to pay STATE the cost thereof on
demand.
7. ASSIGNMENT, SUBLETTING i CHANGE 1N USE CITY
shall not transfer or asalgn Casslgn' shag Include any
transfer of any awne►sh p Interesd in the Lease by CiTY or by
any partner, principal, or controlling stockholder, as the case
may be, from the original CrrY, Its psoar or prindpat) this
Lease, and shah) not subset ficense, permit or suffer any use
of the PrBmkm or any part thereof without first obtaining the
wn'ttfm consent of the STATE, which consent is at the sole
dlscretlon of the STATE_
RIGHTS RESERVED BY STATE.
(a) STATE reserves the right to use the real property
involved (not including real property installed, erected or
constructed by CITY) in any manner. Including but not
hafted to the right to construr3, place, mabdain, use,
operate. repair, replace, alter and move pipelines, conduits,
culverts, ducts, fencM poles, efectrlcal energy, power and
ODIr =Mcaflon rmes, roads, bridges, SWWays, sldewaflrs, to
grant eassmants aver, across, upon and under said real
prope*. and the continuous right of Ingress to and egress
from any portion or portions of saki real property in such
marnlor as not to creels any unreasonable Werference with
titre exercise at the rights granted to CITY-
(b) Any grant herein cantairhed is subject to all valid and
COW; 9 Contra, leases, dcenses. easernerkS,
enmunbrances and dairns of titte which may affect said real
property.
(c) No priority or other rights will attach to the use of any
STATES real p"arly, ehpcept the Preralses as sal 100
h ereht.
PROHIBITED USES. CITY shall not commI4 suffer or
permit any +,taste or nuisance on the Promises or on STATE
property or any acts to be done thereon In vlolatim of any
Iaws or ordinances, and shall not µse or paw* the use of
the Promises for any illegal or trrunorel purposes. No
dumping of :eltnse by CITY Is permitted at the Premises.
CrrY agrees not to cut or remove any trees thereon except
as approved In wrong In advance by STATE. CITY agrees
Mat it shall at all Urns exerdse due diligence . In the
protection at the Premises and the STATES property
agahhst damage or destruction by fire or other cause.
10. FIRE AND CASUALTY DAMAGES. STATE ►dn not keep
improvements which are constructed or installed by CITY
under the provisions of this Lease insured against fire or
casualty, and CITY shall mica no dais of any nature
against STATE by reason of any damage to the business or
property of CITY In the event of damage or desh cdon by
Elbe or other cause, arW g other than from or out of
negdgence or wiDI rl misconduct at agents or employees of
the STATE in the course of trait employment or agency.
11. ACTS OF NATURE. If CITY S bprovements or equipment
are destroyed by acts of nature, UfY may replace them with
Improvements or equipment of the same general type of the
odglnal equipment that occupies no more physical space
and that consumes no more electrlrat power. CITY shaft
hranedfatefy noffry STATE of such fterns and the data the
replacenhent IS Cornpleiod.
iZ HAZARDOUS WAST& CITY agrees that it shall comply
with all laws, fedmL state. or local, extstng during the term
of fife IpWbA'i'a to the use. store, transportation, and
disposal of any hazardous substance as that term is defined
in agch applicable taw.
(a) In the event STATE or any or Its afliiiates, successors,
prindpals, employees. or agents should incur any_1iab ty,
Cost, or expense, including attomey's fees and costs, as a
result of the CfIY'S Ifegal use, storage, transportation, or
disposal of any hazardous substance, Inrduding arty
patroleurn derivative, the CITY shalt indemnify, defend, end
hold harmless eny of these Individuals against such itabliity.
Page 11 of 2a
Leans No. L• 2313
STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES
REAL ESTATE SEWICES DMSION
SECTION 3 - STANDARD PROVISIONS
(b) Where the CITY Is found to be in breach of this
Paragraph due to the Issuance of a government order
dlrecftng the CITY to crase and desist any illegal action In
connection with a hazardous substance, or to remediate a
contaminated condition caused by the CITY or any person
-ding under CITY'S direct contraf and authority, CITY shall
be responsible for all casts and expenses of comiplying with
such order, including any and all w pemes Imposed on or
incurred try STATE In connection with or In response to such
government ender.
(c) In the event a government order is issued naming the
CITY, or the CITY Incurs any habilky during or after the term
of the Lease, In connection Wth =Tbu l cation which pre-
existed, the CJTY S obligatTorrs and occupancy under this
Lease or which were not caused by the CITY, STATE will
hold harmless, indemnify, and deferM the CiTY in
connection thenowlth and shall be solely respow.13le as
between CITY and STATE for all elibrts and expenses
thanatore.
13. CONDITION OF PREMISES.
(a) CITY is aware of the current condition of the Premises
and accepts the Promises In m b concotion. CITY and
agrees that on.the last day of the term, or sooner termination
of this Lease, to surrender up to STATE the Premises, with
any appurtenances or Improvements thereln, in good
condition, reasonable use and wear thereof and damage by
act of God, cc apbxL
(b) CITY shall not call on STATE to malts any repairs or
DMrvvemanb on the Pn?mWs and CITY shall keep the
same In good order and conditn at its own expense_
14. VACATTKG THE PREMISES- CITY shall, an the last day of
said term or sooner termination of this Lease, peaceably and
quietly leave, surrender; and ylaild up to STATE_ the
Premises in good order, condition, and repair, reasonable
use and weer thereof and damage by acts of nature,
excepted.
15. RECOVERY OF LEGAL FEES. It action is brought by one
Party against the other under the provisions hereof or for any
breach hereof, or to reebaIn the breach of any agreement
contained herein, or for the recovery of possession of said
Pmnhmj or to protect any rights given hereunder, each
party shag pay its own legal expenses and attorneys fees.
16. TAXES AND 'ASSESSMENTS. CITY, as a municipal
corporation, Is not currently obligated to pay taxes Where
applicable, CITY agrees to pay tunas` assessments, or
charges which at any time may be levied by any public entity
upon any interest In this agreement, or any possessory right
wt9ch CITY may have In or on the Premises or tine
Improvements thereon by reason of CTIY'S use or
Occupancy thereof or otfrerwise as well as all tmm
assessments and riearges on goods, merdraidisa. Md ures,
appliances, equipment and property owned or leased by
CITY for Its use in or about the Promises,
17. NON-DISCRINONATION.
(a) In the pedomrance of This lease, the CITY shaft not
unlawfully discriminate, harass, or allow harassment agabnst
any employee or applicant for employment because of race,
nallgfous creed, color, national origin, ancestry, physical
dlsablity Onckhding HIV and AIDS), mewl disability, medical
condition, age (river 40), marital status, sax, sexual
orientation, or use of family care leave. CITY shall Insure
that the evaluation and treatment of ila employees and
applicants for employment are flea from such dlsuimination
and harassment.
(b) Such action shall include, but not be limited to, the
fallowing; employment, upgrading. dernoUon or transfer,
reaultment or recruitment advising: layoff or b m koflon:
rates of pay or other fours of compensation; and soWon
for training, including apprenticesh1p.
(c) CITY shall comply with tlhe provisions of the Fair
Employment and Housing Act (Government Coda Section
12.99D (" et seq.) and the applicable regulations
promulgated there under (Caffomta Cods of Regulations,
title 2, Section 7285 at seq.) The applcable •regulations of
the Fair Employment and Housing Commiesion
implemerrixg Government Code Section 129W ("� set
forth in Chapter 5 of Division 4 of Tft 2 of fie California
Code of regulations, are Incorporated into this Lease by
reference and made a part thereof as if set forth in hA CITY
shall give wrWen notice of its obligations under this clause to
any labor argentzations with which they have coomff e
baugaindng or other agreement Further, CITY shall post In
conspicuous places available to employees and applkarts
far amployrnnent, notices to be provided by the STATE setfing
forth the provisions of this Fair Employment Practices
Section. (Govemrnent_Code, section 1292D-12994)_
(d) Remiedies for willful ulolatfons:
(1) The STATE may determine a w[uful violation of the Fair
Employment Practices provision to have occurred upon the
receipt of a final judgment having that allied from a court in
an action to which CITY was a party, or upon receipt of a
written notice from the Fair Employment Practices
Commbsion that it has I n aftated and deternlned that the
CITY has violated the Fair irnployment Practices Act and
has Issued an order pursuent to the appropriate pmvlalons of
the Govemrnent Code.
(2) The STATE will have the tht to terminate this Lease
and any loss or damage sustained by the STATE by reason
thareof will be borne and paid for by the CITY.
18. INSURANCF—
(a) CITY shall either maintain legal 9994ram3d status under
Califamla law or furnish a car5%cate of trsuuance wfth ire
STATITS Iaase Number .67cica4ed on the fare of said
corthimle, issued to STATE with amounts of Cornrnendal
General Liability of at least ONE MILLION AND NOJ100
DOLLARS (S1.tH 04W.OU) per occurrence and Fire Legai
Liabolly of at least FIVE HUNDRED THOUSAND AND
NOM00 DOLLARS (SW0.0WJDD) naming the Site of
Calibmla, Its officers, agents and employees as addilionai
insured. Any certificate of selkisured stahn or cartlticate of
Insurance shall be delivered to the Department of General
Services at the address RAW in fie 'Notices Paragraph
hereof Any required Cep of Insurance shall be issued
by an Insurance company with a rating that is acceptable to
the Department of General Services, Office of Risk and
Insurance Managernont STATE nerves the right to review
and aq(ust limranae requhemeaft as necessary during the
LBrm of this Lease.
(b) It is agreed that STATE wit not be liable for the payment
of any premf urns or assessments on any insurance coverage
required by this Paragraph. Any cortlfcate of insurance shall
provide that the Insurer wit not cancel the Insurecra
coverage without thirty (30) days' prior written notice to
STATE CITY agrees that the insurance or lawful self-
insured status herein provided for shoo be in effect, at all
Page 12 or 20
Lease No. L- 2313
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
REAL ESTATE SERVICES DMSION
SECTION 3 - STANDARD PROVISIONS
times during the term of the Lease, ail extensions thereof,
hofdovar periods or any other occupancy of the premises by
CITY. In the event sald lawful seff-kmured status or
insurance Coverage expires at any time or times during the
term of this Lease, CITY agrees to provide STATE at least
thirty (30) days follvwIng said expiration date, a new
certificate of insurance evidencing Insurance coverage as
provided for herein for not Tess than one (1) year. In the
event CITY Fails to keep in effect at ap times insurance
coverage as herein provided, STATE may, in addition to any
other remedies R may have, terminate this Lease upon the
occurrence of such event
(c) CITY agrees to provide necessary WoNrers
Compensation insure or rrratntaln tmxcful selfdnswed
stshis for all employees of CITY upon said Remises at the
CITY'S own cost and expense.
(d) If CITY Is self46rsured. CITY shall provide STATE with
written acknoiModgmant of this fact at the time of the
execution of this Lease. CITY shall annually thereafter, on
the annlvarsary of the date of execution of this Leas%
provide STATE with a wftw aCknuffiedgment of the
arrthwation of RB aetf4mumd stales. It, at any time after the
exeadlon of this tease. CiTY abandon its seffLinsured
status, CITY shall IrrxrrerlFately nobly STATE of this fact
Upon abandonment of CII Y'S seff4nsu w= status, CITY
shall be required to provide Insurance coverage and
certtfiostas ae oullned above,
19- HOLD HJVWLF.SS/ #NDE104WICATiOK Nohivfthstanding
any language to the cnnberyv elsewhere in this Lease,
STATE agrees, to the extent legally permissible, to
lndamrdfy and defend CITY in the event of any ciabA
demand, anus of action, judgmaVs, obligations, or
liabiifiies, and Including all reasonable litigation and
atlnmru X fees UhIch CITY may suffer, as a dlmct or
proxim&e result of the negilgemae, actual or alleged, or other
wrongful. act or vlolodan of Law or of this Lease by STATE.
Its empkyees. or any person or persons acting under the
d1mc [ 66hot and avth" of STATE, In connection whir
STATE' rights and obillyatirms dudng the term of this
Lease, whether or not such Ctatm Is ultimately prayed
meritorious and/or successful, e:oaept to the extant that any
such damages or expenses suffered by CITY are the resuh
Of CITY's hegilgemte, hh5arhlknnal or wronafof arm, actual or
alleged, or the negligent, intendonal or wrongful acts of any
pereorms acting under the cultrol of or on behalf of CRY;
except where STATE or CITY, as appllu bfe, are folord to
have no Liability by reason of any hnmoally arising by statuW
or ccrrunon law.
N 0hpt 5l1rding any language to the carnbary elsewhere In
this Lease. CITY agrees, to the mdent lagaily permissible, to
hdWm* and dehmd STATE In the avant of any clai n,
demand, causes of action, judgmerft obligations, or
92blilb's, end fn Wing all reasonable Ir'tlgatton and
attornmW Ines which STATE may suffer as a direct or
WiXinlate result of the nregNgence, InferMagi, actual .or
alleged, or other wrongful act or violation of Law or of this
Lease by CITY. Its emnployees, or any person or persons
acting under the direct c»ntrol and aulhWty of CITY, in
connection with CrTYs rights and obligations during the
term of lift Lease, whedvr or not such clairn is ufllmately
proved meritorious and/or successful, except to the extent
that any such damages or expenses suffered by STATE are
the result of STATE's and/or FAC's negigeme or wrongfui
acts, actual or alleged, or the negligent or wrongful acts of
any parsons acting under the Control of or on behalf of
STATE, except where STATE or CITY, as applkabie, am
found to have no tiabilriy by reason of any Immunity arising
by statute or common law-
20. LOSSES. STATE • will not be responsible for losses or
damage to persona! property, equipment or ma vAaLs of
CITY and ail losses shall be reported to STATE knmedda"
upon dlsconry.
21. DEB LIABILITY DISCLAIMER The STATE, including but
not &nllr±d to the States General Fund or any special self
Insurance programs, is not Bette for any debts` Reblir M,
selliarrlents, Sm or any other obllgatons of the CITY or its
hens, successors or assigns. The STATE and Rs agencies,
departrmanhi and divisions Will not be (fable for and will be
held harmless by CITY and for any claims or damages
associated *1h any cbmtract, tort, action or Inaction, array in
Judgment, act of negligence. intentional tort, mtslaloes, or
other iris totem or not Wan by the CITY. Its employees,
agents, Uuvarria, invffiees, guests ar anyone achy In
concert with or on behalf of the CITY- The STATE has no
obligation to defend or undertake the defence on behalf of
We C17Y defend sfmpr k
s or asskm CITY aha»
and divislcme from any clot actions,
admbdSIMthre Proceedings or.darnages associated with any
contract, tort, action or #nect#on, error In judgment, ant of
negligence, Internt#onal tort rnist*Aw, or other ads lalxen or
not taken by the CITY, Its employees, agents. seAnwis,
Invitees, guests, or anyone aging -in concert with or on
behalf of the CITY.
22. RELOCATION pAYME M. -
(a) In the event that State W[Winatm this Lease pursuant to
It terms, CITY acknowledges and agrees that it has no clahn
agaiest the State for Relocation paymmis. Relocalim
Advisory Assistance, or costa puatnarnf Io the Govemmeflt
Code sections 7250 et seq., or any mgubatlorw tm;plernerri ng
or hnterpreiing such sections. CITY further agrees that 4 has
no dQim In either law or equity against the Sims for
damages or olfner relielshould the Lowe be Mr.* aced, and
waives any such claims it may have.
(b) In the event subleasing, under the terms of tilt #.ease, is
Pwmllted. CITY shalt bwoMmla this paragraph into the
sublease- Faihne In do so may obligate CITY for damages
and ao* reBLAV from dalms for relocation ps]Rrasn by
saw:
23. SUBROGATION WAPJED. To the M t nt authadzed by any
fire and attended average Insurance policy Iseuad to CrTY
on the herein teased Premises. CRY hereby waives the
m6nogatim nients of the Insurer, and releases the STATE
from Ibxbihty for any low or damage covered by said
Insurance,
24. RECORDING. CITY shall not record this rase or a short
form memorandum thereof. Any such racard-don vAj, at the
option of STATE, com WtulH a nor`-arrabia dafaett by CrrY
hereunder.
25- ALI THORITY TO COHTRACT-
(a) tf CITY is a publir, private or no"rotit corporation, each
hiftWual executing this tease on behalf of sald Cff1'shaii
provide evidence, which is atxeptaWe to the STATE, that
he/she Is duty authorized to execute and deliver this Lease
on behalf of said CfPY br accordance with a duly adopted
resolution of tine Board of Directors or in accordance vAh the
Page IS of 20
Lem No. L-2313
STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES
HEAL ESTATE SERVICES 131MION
SECTION 3 - STANDARD PROVISIONS
Bylaws of said Board, and that this Lease Is binding upon
said Board of Directors in accordance with its temps.
(b) CITY shall, concurrently with the Execution of this Lease,
deliver to the STATE at the address for the Department of
Cenral Services shown In the 'NcrUcr# Paragraph of this
Lease, either a copy of the board's bylaws or a certified copy
of the resolution of the Board of Directors euthoaft or
ratifying the execution of fits Lease.
(c) in addition prior to the m ocudon of this Lease, CITY
shag pnNW STATE with a copy of CiTY'S current bylaws
and Corporate filing status as tiled with the Caftmla
5ecm.tary of Stara
2CL PARTNERSHIP DOCIAIMER. CITY its agents and
employees shag act in an Independent capacity and not as
officers or employees of STATE Notting herein contained
will be construed as constibuthng the parties herein as
partners_
27. CEQIL Any physfaal changes made to the Irrgrovernerlls by
CITY or Its agents shall comply with the California
Emrimnmental Duality Act (CEOA).
28. FIANNLRUPTCY_ In no event shall this Lease or the
leasehold estate become an asset of CITY In bankruptcy,
receivership or other judicial proceedings. CITY shalt be in
default under this Lease and the provisions of the "Fight of
E nIrY Paragraph hereof shall appfyi in the event of any of the
following: (a) CfiY becomes Insolvent or makes an
assignment for the benefit of creditors, (b) a potion In
ban kmOzy Is tiled by or against CITY. (c) a writ of execution
Is levied against this tease or the Ioasehold estate. (d) CITY
abandons or vawles or does not corrUnuously occupy or
sareguard the Premfeas.
29. AMENDMENTS AND MODIFICATIONS. No amendment,
moditiratlnn, or suppiemant to this Lease shall be bl ndhig on
silher party unless it Is In writing and signed by the party to
be bound by the moddicatlon.
aft. MUTUAL CONSENT NoWthstanndirg anything berets
contained to the contrary. this Lease may the term h nated and
the provisions of the Lease may be altered, changed, or
amended by mubrat consent of the parties lteteta in writing.
31. FORCE aalAJ F— ft either CITY or STATE will be delayed
or prevented from Me performance of any act required
hereunder by reason of ads of God. govammental
restrictions, regulations or controls (except those reasonably
foreseeable In connection with the uses contemplated by this
Lease) or other cause without fault and beyond the control of
Me party obtigated [except Tmandal frnablIKA performance of
such act shag be excused for the period of the delay and file
period for the performance of army such act shag be extended
for a period equivalant to the perlod of such delay. Moiling in
this Paragraph shall excuse CITY from prompt payment of
any nnd, taxes, tnsmance or any other charge required of
CITY, except as may be aVmssty provided in this Lease.
32. WAIVER If either party waives the perfomlanos of any
term, covenant or condition contained in this Lease, such
waiver shall net be deemed to be a walver of that or any
subsequenl term, covenant or corrdglon. Failure by either
party to enforce any of the terms, covenants or conditions of
this Ikaae+e for any length of time shag not be dearned to
watvQ or demmm that parWs tight to Insist hereafter upon
strict performance by the other Party. Waiver by ether party
of any tamti covenant, or condition r contalnad fn this Lease
may only be made by a wAten document property shined by
an authortzed represeniaftve of Me party wrah"such tarns,
covenantor condition.
33. ENTIRE AGREEMENT. This Lease, the Marnorendum of
exaculed by the parties on or about
nd exhibits hereto constiiuta tin entire
between STATE and CITY_ No prior wn tan or
prior, contemporaneous orsuhaequmd oral promises or
repn3sant3tions shall be binding To the extent that any
provision of this Lease is in canw with any tens of the
Padles' Memorandum'
of Undemanding, the terms of this
I ease shall take precedence and prevail. An nore_coo lctlng
provisions of the MOU runnels In Tull force and o ferk
34_ PARPAIRAPH HEADINGS. All Paragraph heShcogs
contained herein are for cmmoWce of reference only and
are not intended to deltrne or"the scope of any provision
of this Lease.
35. SEVERABiLITY_ ' If any temp, covenant, condition, ai
provision of this Lease or any applicalhon thereof, to any
extent, Is found imvaffd, void, or unenfommaable by a court of
competent jurisdiCtlon, the remainder of this Lease vfil not
be affected thereby, and will be valid and enfonxable to the
fullest extent permitted by law.
36. SUPERS]EDURIE This Lease supersedes and coo ltis any
prior thoense, lease or agreement between Me STATE and
ttie CITY, whether or not klerdfged In this Lease wRhrragards
to the Premisq. except the Memorandum of Understanding
execAted an I'f'oe:L k, .krj 7
37. BINDING. The terms of this Lease and covenants and
agreements heteln contained shall apply to and shag bind
and inure to Me bang of the heirs, represrerlativea assigns
and su=assom in interest of the partes hereto.
38. ESSENCE OF TIME_ Time is of the esaenoe for each and
all of the provisions, covenants and condr?5ons of this Lease
End of section 3
Page 14 of 24
LOUD No. G 2313
STATE OF CALIFORNIA DEPARTMENT OF GENEI;AL SMV .
REAL ESTATE SERVICES DM:
SECTION 3 - STANDARD PROVISIONS
IN WITNESS WHEREOF, this Lease has been executed by the parties hereto as of the date written
below -
STATE OF CALIFORNIA
DIRECTOR OF DEPARTMENT OF
GENERAL SERVICES
8y:
TONY PSIHOPAIDAS, Manager
State Owned Leasing & Development
Date Executed
Consent of
DEPARTMENT OF DEVELOPMENTAL SERVICES
By.
BONNIE BANKS, Assistant Deputy Director
- Developmental Centers Division
Recommended for Approval
DEPARTMENT DE GENERAL SERVICES
BY:
BETH BWR .
Real Estate Officer
Date Signed
CITY
CITY. -OF COSTA MESA
By:
ALLAN M ANSOOR, Mayor
City of Costa Mesa
Date Signed
Pape:5 of 10
2313 Luse Nix L-
A A- i
SITE MAP
FAIRVIEW DEVELOPMENTAL CENTER
d.q
' L-2313
EXHIBIT B
PROPOSED SITE IMPROVEMENTS BY CITY
Initial Term Site improvements:
BALL FIELD CONSTRUCTION
Grading
Top dressing
Verticutting
Trash bin enclosure (if needed)
Construction fencing (near FDC Building to provide an area for FDC
consumers during periods of Field/FACILITY initial term improvements)
Lockable portable rest roams (located on City property) with
screeninglenclosure
3 cubic yard trash bin (if needed)
IRRIGATION SYSTEMS EXTENDED
Irrigation controller upgrade
MAINTENANCE OF TRUE
Mowing
Aerating
Sprinkler maintenance
Verticutting
Fertilization
Litter Control (for days of use only)
Rodent and Pest control
`WATERING
Other Permanent Improvements to be done by CITY after adoption of FACILITY
Master Plan as funding permits:
Removal of unused blacktop area (within B months after approval of Masterplan)
Removal of fencing around unused black tap area
Installation of beach volleyball court
Installation of bocce ball courts (2)
Additional Parking Facilities
Permanent lighting
Picnic area improvements
ADA to Code for area
Monument signage renaming the field as time FDC Special Olympics Training Facility
Other items as agreed to by FDC and CITY in the Master Plan
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L-2313
EXHIBIT C
IRRIGATION WATER COSTS
The following procedure will be used to determine the share of water costs that
FDC and City will pay with respect to irrigation requirements- of the School
Complex field area as required by the subject lease between FDC and City for
the use of certain FDC property for City recreational programs_
FDC Plant Operations personnel will estimate the number of minutes per year
that FDC has historically Irrigated the area over the last few years. The
estimation will attempt to determine the number of minutes that the subject area
was irrigated duFing normal use by FDC prior to cutbacks in use by FDC due to
the deteriorating conditionlvermin infestation that currently exists.
It is recognized that while minimal irrigation of the area has occurred in the last
few years, FDC has historically irrigated the area approximately 6 mmnifis per
year to a level that would allow for the area to be maintained in a green and
healthy state with minimal use by FDC clients and staff.
The estimated number of annual minutes of irrigation Will be divided by 12 to
determine an estimated monthly number of minutes.
The estimated number of minutes will be compared with published
recommendations from the local Irvine Ranch Water District (monthly residential
turf irrigation recommendations) data to check for significant discrepancies.
After installation of the two shut-off 1 hack flow prevention meter valves, the area
will be irrigated for the purpose of determining gallon flow rates per minute of
irrigation time with the valvelmeters fully open.
The valve-#ime /gallon flow data will be used to determine an estimated monthly
gallon historical usage by FDC. The estimated historical monthly FDC gallon
usage will be the amount of usage, as a monthly average of the annual total,
which FDC will be responsible for paying. The remainder of the water usage bill
shall be paid by the City.
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