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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. 51 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: // w` /` 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 r (arch. fof;;U 1) /'4/',P 00 t rl 1_ :--/ .O FTic(: 1,)11,-.1), F.; f( 00 II l IiCicP ;C';- C.OU it'l :(L S OFFICE SC:hLP. 11