Resolution No. 1164RESOLUTION NO. 1164
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING AN AGREEMENT OF LEASE WITH THE CYPRESS COUNTY
WATER DISTRICT,
WHEREAS, the City of Cypress has entered into a stipulated judgment with
the Cypress County Water District settling litigation with said District and
the provisions of said judgment require the leasing of facilities in a certain
office building located at 9471 Walker Street, Cypress, California.
NOW, THEREFORE, the City of Cypress does hereby resolve as follows:
1. That the lease attached hereto as Exhibit "A" and by this reference
incorporated herein is specifically approved and that the Mayor
is authorized to execute said lease on behalf of the City of
Cypress and the City Clerk is authorized to attest such lease.
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PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 12th day of April, 197L
ATTEST:
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CI1'it CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA
COUNTY OF ORANGE
) SS
i l et,k-C
MAYOR qF THE CITY OF CYPRESS
I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY CERTIFY that
the foregoing Resolution was duly adopted at a regular meeting of the said City
Council held on the 12th day of April, 1971, by the following roll call vote:
AYES: 4 COUNCILMEN: Harvey, Kanode, Roberts and Kanel
NOES: 0 COUNCILMEN: None
ABSENT: 1 COUNCILMEN: Lacayo
CIL ERK OF THE/CITY OF CYPRESS
EXHIBIT "A"
AGREEMENT OF LEASE
PARTIES: This Lease is made at Cypress, California, on
the in day of April, 1971, between the City of Cypress, a
Municipal corporation, hereinafter called "City", and the
Cypress County Water District of Orange County, hereinafter
called "District".
PREMISES: The City leases to the District portions of
the premises to he described hereinbelow located at and known as
9471 Walker Street, Cypress, California, which portions of said
premises are described hereinbelow.
TERM: The term of this Lease shall be for so long as
the District shall remain in existence as a political entity
but not to exceed five (5) years, and shall commence on the 15th
day of April, 1971,.and end not later than the 15th day of April,
1976.
RENT: The District shall pay City an annual rental
rate of One Dollar ($1.00) per year payable in advance on the
15th day of April.
PORTIONS OF PREMISES LEASED TO DISTRICT: Reference
is made to Exhibit "A" which is attached hereto and by this
reference made a part hereof and hereinafter referred to as
"Building". The following portions of the above-described
premises are leased to District for the following described
purposes:
(a) The District shall have exclusive use
of the Board Room of said premises one night per
month for regular scheduled meetings which are
currently held on the fourth (4th) Wednesday; said
District may change its meeting night upon the
giving of thirty (30) days written notice to the
City.
(b) The District shall have exclusive use of
the Board Room for special meetings of said District
upon giving City forty-eight (48) hours written notice
provided, however, that there shall be no more than
two (2) special meetings per month nor more than twelve
(12) special meetings per year, and provided further,
that in the event the City shall have already scheduled
the use of said Board Room, said City may provide an
alternate meeting site for said District and provided
further, in the event City shall have scheduled the use
of the Board Room and City does not provide an alternate
meeting site District shall have a special meeting in
said Board Room on the next available date when said
Board Room is not used by City.
(c) District shall have exclusive locked use
of the "map room" and "vault" designated on Exhibit
"A" attached hereto. Said "map room" shall be used as
the office of the District and shall be occupied by
the Secretary of said District.
(d) District shall have access to and joint use of
those areas of the premises designated on Exhibit "A" as
reception area, counter, mechanics room and washroom
facilities during normal business hours or meeting nights.
Said access and use shall be in conjunction with use by
City or any of City's tenants or assignees. In addition,
District shall have reasonable access through that area of
said premises known as the "business office" during normal
business hours or meeting nights. Said access is to
insure access from the "map room and vault" to the
counter and reception area. Said access shall not
interfere with City or its tenants or assignees
reasonable use of said business office for office
purposes.
(e) The office premises are to be used by
the District for general office purposes and for no
other purpose, and the Board Room is to be used for
regular and special meeting purposes of District and
for no other purpose without the written consent of
the City.
(f) City shall have the right to use and occupy
said premises in any manner not inconsistent with
District's use as set forth hereinabove.
FURNISHINGS: The parties hereby acknowledge that all of
the furnishings and personal property contained within the building
as of the date of the execution of this Lease shall remain the
property of the District for the term of the Lease. Said property
shall be left in place for the use of all users of the building
with the following exceptions:
(a) The following property shall be placed in
the "map room and vault" area and shall not be used
by the City or its tenants or assignees, and shall not
be transferred to the City at the termination of this
Lease Agreement:
1 - Desk, art metal managers
1 - swivel chair, metalcraft arm rotary
3 - virco folding tables
2 - cramer typewriter stands
1 - IBM typewriter, Serial No. 9061216
1 - Royal typewriter, Serial No. 6298823
1 - Underwood Olivette 22 adding machine
1 - Ohdner adding machine
1 - Verifax signet copier
1 - Craig casette recorder
7+11 file cabinets
1 - electric coffee pot
12 - coffee cups
5 - folding chairs
Miscellaneous equipment: map cases, letter
trays, staplers, tape dispensers, paper cutter,
letter scale, tape measure and ash trays.
(b) The following equipment shall remain in the
building and be left in place for all users during the
term of this Lease, and shall be transferred without charge
to the City at the termination of this Lease Agreement:
9 - walnut arm chairs
1 - large walnut table
15 - folding chairs
3 - smokers, all located in the Board Room
2 - viko side arm chairs
1 - walnut table
1 - table lamp
1 - Haws water cooler in the reception area
1 - Virco combination desk chair
1 - posture chair
1 - arm rotary chair
1 - side arm chair
3 - door mats
2 - fire extinguishers
Miscellaneous equipment: miscellaneous yard
and maintenance equipment, garden hose, reel,
brooms, mops, bucket, shovel and rake, etc.
WASTE: No party to this Lease shall commit or suffer
to be committed any waste upon the premises or any public or
private nuisance or other act or thing which may disturb the
quiet enjoyment of any other tenant. No party to this Lease shall
attach any device or apparatus permanently to the walls or floors
of the Board Room. The parties may attach such devices or apparatus
as are necessary and regularly used in normal office use in the
office facilities described in Exhibit "A" as Manager's Office,
Map Room, Business Office and Reception Areas.
MAINTENANCE: The City shall maintain said building in
its present state of repair and maintain the land surrounding
said building in like condition and shall pay all utilities
with the exception of telephones. District shall reimburse
City on a monthly basis at the rate of twenty percent (20%)
of all such aforesaid costs.
TELEPHONE: The District shall provide its own telephone
service and bear the cost thereof.
SIGNS: The City and its assignees or tenants may erect
signs of the same type and size as the present District signs
and said City shall not remove said District's signs for the
leased period.
PARKING: City shall maintain at least one marked parking
space for the District Secretary and sufficient parking spaces
for the Directors and visitors of District when required for
Board meetings.
WASHROOMS: The parties to this Lease hereby specifically
agree that all users of the building shall have equal access to
and use of the washrooms contained in the said building.
ASSIGNMENT AND SUBLETTING: The District shall not
assign or sublet this Lease or any portion hereof or any interest
herein to any person without the written consent of City.
DAMAGE OR DESTRUCTION: In the event said building is
seventy-five percent (75%) destroyed it shall be deemed a total
destruction and said City shall provide District with meeting
space in the Council Chambers and office space in the Civic
Center complex for the remaining term of said Lease.
SECURING OF BUILDING: Upon the termination of each
meeting by the District, the District shall turn off such lights
as are then burning in the premises and shall secure and lock
all doors and windows to the premises.
ACCESS TO THE BUILDING: The parties tothis Agreement
shall have keys to provide access to all areas of said building
consistent with this Lease Agreement and uses.
PAINTING: Within a reasonable time, not to exceed ninety
(90) days after the execution of this Agreement the City agrees to
repaint the office now known as the "map room" in Exhibit "A" which
will then be the District Office and said painting shall be in a
suitable manner to conform to the existing decor of the building.
MODIFICATIONS: No party to this Agreement shall alter
said premises in any manner which will be inconsistent with the
terms, conditions and uses of this Lease without the consent of
the other party.
ATTORNEYS' FEES: Should either party hereto institute any
legal action to enforce any provision hereof, the prevailing
party in such action shall be entitled to receive from the losing
party all costs, expenses and all attorneys' fees.
CONDEMNATION: In the event of a partial taking or damaging
of the leased premises in a manner which leaves the remainder
susceptible for use by the respective parties hereto in the
manner set forth in this Lease all compensation paid therefor
for the land and improvements herein shall he paid to the City
herein and the District shall have no claim thereto. In the
event of a taking or damaging of the whole leased premises or
a partial taking or damaging which renders the remainder unsus-
ceptible for use by the respective parties hereto in the manner
set forth in the Lease all compensation therefor for the land
and improvements herein shall be paid to the City, however, in
that event City shall provide District for the then remaining
term of this Lease with meeting space in the Council Chambers
and office space in the Civic Center complex.
ENCUMBRANCES: The District shall not encumber its interest
in the leased premises or contract any repairs or services for
such premises so as to cause a lien including a mechanic's lien
to be imposed on said property without the City's consent
expressed in writing.
COOPERATION: During the period of this Lease City and
District will endeavor to cooperate in good faith in the utilization
of the building to its fullest extent.
IN WITNESS WHEREOF, the parties have caused this instrument
to be executed on the date first hereinabove mentioned by their
officers first duly authorized by resolution, which resolutions
are attached hereto.
CITY OF CYPRESS
BY: titILN i\ Ctv4
yo
of the City of Cypress
ATTEST:
7,
City,. e2R c t Cy of Cypress
CYPRESS COUNTY WATER DISTRICT
BY:
President
ATTEST:
Secretary
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