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HomeMy WebLinkAbout2009-07-14 - AGENDA REPORTS - TEMPORARY FIRE STATION 104 (2)CONSENT CALENDAR DATE: SUBJECT: DEPARTMENT Agenda Item: CITY OF SANTA CLARITA AGENDA REPORT City Manager Approval: Item to be presented by: July 14, 2009 /_5 AUTHORIZATION TO EXECUTE A GROUND LEASE FOR TEMPORARY FIRE STATION 104 Public Works RECOMMENDED ACTION City Council authorize the City Manager or designee to execute on behalf of the City a Ground Lease Agreement with the County of Los Angeles (County) in the amount of $1.00 per year for approximately two acres of land to be used by the Los Angeles County Fire Department (Fire Department) for the purpose of housing temporary Fire Station 104 on real property located at 26201 Golden Valley Road, subject to City Attorney approval. 2. Authorize the City Manager or designee to execute renewal options until such time as permanent Fire Stations 104 and 150 are constructed, subject to City Attorney approval. BACKGROUND The Los Angeles County Fire Department desires to continue leasing approximately two acres of land located on Golden Valley Road, just south of the intersection of Golden Valley Road and Centre Pointe Parkway, as a temporary location for Fire Station 104. Per Section 65402 of the Government Code for the State of California, the Director of Community Development has found that the leasing of this parcel of City -owned property for a temporary fire station is consistent with the City's General Plan. The term of this lease with the County will be until permanent Fire Stations 104 and 150 are constructed, or for two years. The County will pay the City $1.00 per year for the land lease. The Fire Department will continue to be responsible for all costs required for the operation and maintenance of the temporary station. Upon termination of the lease, the Fire Department will be responsible for all costs to restore the site to its original form if any such work is requested by the City upon final termination of the lease agreement. goROVED Based upon the most recent project schedules from Fire Department Chief Freedman, Fire Stations 104 and 150 are scheduled to open and be in service by April 2011. This lease agreement allows temporary Fire Station 104 to remain on City -owned property along Golden Valley Road until both new stations are opened. ALTERNATIVE ACTIONS Other action as determined by the City Council. FISCAL IMPACT The Fire Department will be responsible for paying all costs involved in maintaining the temporary fire station and for removing the temporary fire station once the permanent fire stations are completed. ATTACHMENTS Draft Lease Agreement GROUND LEASE FOR TEMPORARY FIRE STATION 104 - SANTA CLARITA THIS GROUND LEASE (the "Lease") is made and entered into in duplicate original as of this day of 2009 by and between THE CITY OF SANTA CLARITA, a municipal cooperation, hereinafter referred to as the Lessor, and the COUNTY OF LOS ANGELES, a body politic and corporate, hereinafter referred to as the Lessee. 1. DESCRIPTION OF PREMISES: The Lessor, fo;add in consideration of the performance of the covenants and agreements hereinafter contained to be kept and performed by the Lessee, and upon the following terms and conditions, hereby leases to the Lessee, and the Lessee hereby hires and tdkes of and from,the Lessor, those certain premises (the "Premises") located infthe County of Los Angeles; State of California, consisting of an area not exceeding 2 acres, and which<Pfemises are a portion of the approximately 12 -acre property and are depicted on Exhibit "A" attached hereto and more particularly described as follows: r PORTION OF ST JOHN SUBDIVISION;zPORTION OF LOT 62 A Portion of Assessor's�Parcel Number'2836-012-905 - ft':.'ti.. Commonly known�as 26201 Golden ValleytRoad, Santa Clarita, CA. 2. TERM ��iUnless gorier terminated as provided in this Lease, the term of this Lease shall be'for two (2)years, commencing upon full execution by the parties, but no sooner than(August 15�iA09(the "Commencement Date") and ending two (2) years thereafter or oh August 14, 201-T: Lessee has no right to renew or extend the term of tliis:Lea eses =Notwithstanding the oregoing, Lessor and Lessee may, but are not obligated -to, enter into a month-to-month extension of the term of this Lease pursuant F, to a mutually satisfactory written extension agreement entered into on or before the expiration of the term of this Lease. 3. RENT:. Lessee hereby agrees to pay as rent for the Premises during the term hereof the'�sum of ONE DOLLAR ($1.00) per year, payable in one annual payment, beginning on the Commencement Date, by Auditor's General Warrant. 4. USE: Lessee agrees that the Premises, that area of approximately two (2) acres, together with all improvements and appurtenances thereto, belonging or in any way appurtaining, are to be used by the Lessee only as a temporary fire station site and may not be used for any other purpose without Lessor's prior written consent, which consent Lessor is under no obligation to give. Lessee agrees that it will not use the Premises or any improvements in a manner which violates any applicable governmental laws, rules, or regulations. Without limiting the foregoing, Lessee agrees that it will not suffer or permit the use, storage, disposal, or release on or about the Premises or the improvements of any Hazardous Materials by its officers, agents, FD Temp Station 104 Contract No 09-00168 contractors, employees, guests, or invitees; provided, that Lessee may use and store such reasonable quantities of Hazardous Materials on the Premises or the improvements as are necessary in the normal conduct of Lessee's business so long as the same are used and stored in strict compliance with all applicable governmental laws, rules, and regulations. As used herein, "Hazardous Materials" means any flammable explosives, radioactive materials, asbestos, PCB's, hazardous waste, toxic substances, or related materials, including, without limitation, substances defined as "hazardous substances," "hazardous materials," or "toxic substances" in any present or future federal, state, or local law applicable to the Premises or the improvements, and the rules and regulations adopted oppr6 ulgated under or pursuant to any of the foregoing laws. Lessor retains the right to lease, sell, subdivide or otherwise benefit from S 1Z the remaining site area, (excluding the Premises under lease), that;area being approximately 10 � , ,cN7 �:•�. acres, with any uses deemed compatible and permitted undene sting regulations. 5. INTENTIONALLY LEFT BLANK 6. REPAIR, MAINTENANCE AND -UTI LITIES:= a. Lessee, at its cost and expense, ~agrees to maintain the Premises and all improvements located thereon in,good repair an&condition (including the making of all necessary replacements) and in a neat.and clean condition. Lessee's obligations under this Section 6a include, but�are not_Imite to; the making of all necessary repairs and replacements to all parts -of the Premises and improvements, whether t. structural or non -structure ordinary of extraordina y 1t:being agreed that Lessor has no obligation to maintain, repaiv r replace a ny part of the Premises or improvements. Without limiting the foregoing, Lessee, at�its cost and expense, agrees to comply with all governmental, laws, rules and_ regulations applicable to the Premises or the improvements. Lessor 'shall haveano obligation to maintain, repair, or replace any structure-located,on the Premises dur-lUlhe dates of this Lease, the responsibility for the maintenance-,,repair,'and e replacement of any structure being solely that of the Lesse6'. Lessee agrees to,pay for^all costs associated with the installation of the on-site utilities and site improvements. b. Lessee agr',ees to pay for the furnishing and use of all gas, electricity, water, sewer', elephone�and other utilities serving the Premises or the improvements thereon during the term;of the Lease. w�Ccir, y''J 7. ACCEPTANCE: CONSTRUCTION OF IMPROVEMENTS: SURRENDER: a. Lessee acknowledges that prior to entering into this Lease it has investigated and inspected the Premises and all improvements located thereon to the full extent that Lessee has deemed necessary and appropriate. Lessee acknowledges that Lessor has made no representations or warranties, express or implied, as to the condition of the Premises or the improvements located thereon, nor as to the suitability of the Premises or the improvements for Lessee's intended use. LESSEE ACCEPTS THE PREMISES AND THE IMPROVEMENTS IN THEIR "AS -IS" AND "WHERE -IS" FD Temp Station 104 Contract No 09-00168 CONDITION, WITHOUT REPRESENTATION OR WARRANTY OF ANY HIND OR NATURE, AND SUBJECT TO ALL MATTERS, LIMITATIONS, CONDITIONS, AND RESTRICTIONS WHETHER OR NOT OF PUBLIC RECORD. b. It is agreed that Lessee may place upon the Premises any improvements reasonably required to maintain and operate a temporary fire station, and, in that connection, Lessee may demolish and remove from the Premises any existing improvements (the foregoing all being referred to, collectively, as the "Work"), except utilities, sewers and other infrastructure improvements. Lessee agrees that all Work will be performed in a good and workmanlike manner and" pursuant to plans and specifications reasonably approved in advance by Lessor, and in compliance with all applicable governmental laws, rules and regulations. IAll-contractors engaged by Lessee to perform the Work must be approved Vin- dvance by Lessor, which approval will not be unreasonably withheld, and must prbvide such bonds and insurance as is reasonably acceptable to Lessor, including„without limitation, comprehensive general liability insurance in an amount not less thanm$5,000,000Tper occurrenceAndnaming Lessor as an additional insured. Lessee agr es to pa _`f6r all Work and agrees not to permit any liens, claims or encumbrances toa placed against Lessor's title to the Premises as a result of the Work. Lesseemalso agrees'that upon completion of the Work the Premises and the improvements, will be free_ from all liens, claims and encumbrances relating to the Work. Title to -a y new imIN ements shall remain with Lessee at all times during -the term of this Lease. - d c. Upo�netrminati�of this Lease, Lessee may, and upon the request of Lessor shall, remove all improvements, fixtures, equipment, and other personal property placed upon.the Premises;by Lessee. The costs and expenses of such removal, together with the repair of an damage.,occasioned thereby, will be borne solely by Lessee. d. Lessee is responsible for all required environmental reviews and clearances pertaining to the use and improvements affecting the Premises. S. INDEMNIFICATION AND HOLD HARMLESS: P a. Lessee -shall indemnify, protect, defend and hold Lessor and its elected and appointed officials, officers, agents and employees, and each of them, free and harmless from any and all liabilities, claims, losses, damages, actions, costs and expenses (including defense costs and legal fees), which they, or any of them, may suffer or incur arising by reason of (i) bodily injury, death, personal injury, or property damage resulting from the activities of Lessee, its officers, contractors, agents, employees, guests, or invitees'in or about the Premises or the improvements thereon (ii) Lessee's use of the Premises or the improvements, or (iii) Lessee's default under this Lease. 3 FD Temp Station 104 Contract No 09-00168 9 b. Lessor agrees to indemnify, defend and hold Lessee, its agents, officers, and employees free and harmless from any and all liability, claims, loss, damages or expenses, including defense costs and legal fees, arising from Lessor's use, ownership, or other acts and/or omissions in -or about the Premises. C. General Insurance Requirements. During the term of this Lease, Lessee shall maintain a program of insurance coverage as described below. Lessee, at its sole option, may use commercial insurance and/or self-insurance coverage or any f � Al combination thereof to satisfy these requirements. Certificates evidencing coverage will be provided to Lessor upon execution of this Leasee" , f 1. All insurance shall be primary insurance'and shall name City of Santa Clarita as an additional insured. The naming of''an-,additional insured shall not affect any recovery to which such additional -insured would be entitled under the policy if not named as an additional -insured, and an additional insured shall not -be held liable for any premiu mor expense of any nature on the policy or any extension thereof solely because they are an additional insured thereon. 2. If the operation under',tliis�.Agreembnt•-results in an increased or decreased risk in the, opinio '-ofthe City's --Risk Manager, then Lessee agrees thatjthe minimum limit herein designated shall be changed accordingly_:upon written request by th6, 'isk Manager. �K, r 3. Lessee agrees that! provisions\of this Section 8c as to maintenance of V,,, insurance and/or self:insuranc ',shall not be construed as limiting in any _ way the extent to which Lessee may be held responsible for the payment --' U -damages tot'persons or property resulting from Lessee's activities, the 'Y activities of its''officers, agents, and employees, or the actvities of any person`or>personsfor which Lessee is otherwise responsible. 4" .'` The terms , of the insurance policy or policies issued to provide the t grequired insurance coverage shall provide that said insurance may not .4 e\amendedIor canceled by the carrier, for nonpayment of premiums or otlierwise; without 30 days' prior written notice of amendment or cancellation to City. In the event the said insurance is canceled, Lessee shall, prior to the cancellation date, submit new evidence of insurance in the amounts required by this Lease. 5. All required insurance must be in effect on the Commencement Date, and it or a successor policy must be in effect at all times for the duration of the term of the Lease. Maintenance of proper insurance coverage is a material element of this Lease, and the failure to maintain and renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract. 4 FD Temp Station 104 Contract No 09-00168 d. General Liability and Property Damage Insurance Lessee agrees to procure and maintain general liability and property damage insurance at its sole expense to protect against loss from liability imposed by law for damages on account of bodily injury, including death therefrom, suffered or alleged to be suffered by any person or persons whomsoever, resulting from any act or activities of Lessee, its officers, agents, and employees, or any person acting for Lessee or under U'Scontrol or direction, and also to protect against loss from liability imposedly-law for damages to any property of any person caused directly or indirectly by or from acts or activities of Lessee, or its officers, agents, and employees, or anyperson acting for Lessee, or under its control or direction. Such public liability'aed property damage insurance shall also provide for and protect City against"incurring any legal cost in defending claims for allegedgloss:'} Such general liability and property damage insurance shall be mainta rigid in the following minimum limits: A combined single -limit policy with coverage 1 niits'rin the amount of $5,000,000 per occurrence will be considered equivalent to'the required minimum limits. e. Automotive Insurance Lessee shall procure and maintain public habNiy and property damage insurance coveragege orlautomotive equipment°with coverage limits of not less than $1,000,,000 combined single limit. If Lessee does not own automobiles Lessee shall�provide a waiver releasing City from all liability resulting from All Lessee's use�of�personal'vbhh �c;les on project. f.�Wor--k_ er's Compensation Insurance L' essee shall procure ailftaintain Worker's Compensation Insurance in such amount as will fully comply -with the laws of the State of California and which shall. indemnify, insure, and provide legal defense for both Lessee and City against any loss, claim, or damage arising from any injuries or occupational diseases happening to any worker employed by Lessee in, at, or about the Premises. d7 g. Self Insurance Provision Lessee may self -insure for any of the insurance obligations required under this Lease. 9. TAXES: Lessee agrees to pay all real property taxes and assessments (whether general or special), if any, which may be levied against the Premises, including any improvements located on the Premises, during the term of this Lease. FD Temp Station 104 Contract No 09-00168 10. ASSIGNMENT; SUBLETTING: Lessee may not, either voluntarily or involuntarily, assign, sublet, transfer, hypothecate or encumber all or any part of its interest in this Lease or the Premises or any improvements, nor may Lessee permit the occupancy or use of the Premises or any improvements by any person or entity other than as specifically provided herein. 11. DEFAULT; REMEDIES: a. The occurrence of any one or more of the following constitutes a default by Lessee under this Lease: (i) the failure by Lessee to- pay when due any amount required to be paid by Lessee under this Lease; (iiy)',�the`;br�each by Lessee of the provisions of Section 10 of this Lease; or (iii) the fail re by�`L�,e�ssee to perform any agreement or obligation to be performed by Lessee: under thiV)ease (other than as provided in the foregoing clauses (i) and (ii) of this Section 11a) where such failure continues for a period of 30 days, provided thatif the nature of such failure is such that more than 30 days are required for its cure, Lessee will' not be in def ult if Lessee P. commences such cure within such 30 days and thereafter diligently prosecutes such cure to completion. b. If Lessee is in defauli all rights and remedies which are equity. All rights and remedies of d. Lease; Lessor will be entitled to pursue .O>it underrthis Lease or at law or in ;umulative acid not alternative. 12. NOTICES: Notices desired or required to be given under this Lease or under any law now or hereinafter in effect maylftiven by enclosing the same in a sealed envelope addressed tb�the party for -whom intended and sent by commercial delivery service or by depositing°such.en elope with postage prepaid, in the United States Post Office organ" y ubstation they"eof, or any public letter box, and any such notice and the envelope,:containi '&he same,shall be addressed to the Lessor at City of Santa Clarita 23920 Valencia Boulevard, Suite 300 Santa Clain, CA 91355 Copies of all ndti6es4o -the Lessor must be given to the following divisions, at the foregoing address�F City Manager's Office Administrative Services Department Property Acquisitions & Management or such other place as may hereinafter be designated in writing by the Lessor, and the notices and envelopes containing the same to the Lessee shall be addressed to: County of Los Angeles 6 FD Temp Station 104 Contract No 09-00168 Chief Executive Office Real Estate Division 222 South Hill St, 4`h Floor Los Angeles, CA 90012 Copies of all notices to the Lessee must be mailed to: • d j Fire Chief a Los Angeles County Fire Department„ 1320 N. Eastern Avenue q Los Angeles, CA. 90063 Notices given in the foregoing manner will, 'e deemed received,-,inithe case of commercial delivery service, upon delivery:and in the case of mail, 3 business days following deposit in the United States Post Office, or ny�substation thereof. 13. WARRANTY OF AUTHORITY: Each partyhereby covenants, warrants and guarantees that it has the power and authority to enter -into this Lease, and each party agrees to defend, indemnify, and hold harmless'the other=party from any and all costs, expenses, and damages resulting from lits breach ofbsaid"'covenants, warranty and guarantee. ; 14. a. Lessors" conseht�t rapprovali of any act by Lessee requiring Lessor's consent or pp vro al does,not•waive or render unnecessary Lessor's consent to or approval of any subsequent similar act'by Lessee. The acceptance by Lessor of any rental or other payments due hereunder with�kriowledge of a default by Lessee is not to be construed as a waiver of any such default. The acceptance at any time or times by Lessor of any sum less than that which is required to be paid by Lessee shall, unless Lessor specifically agrees otherwise in writing, be deemed to have been received only on account of the obligation for which it -is paid, and shall not be deemed an accord and satisfaction notwithstanding any -provisions to the contrary written on any check or contained in any writing transmittingthe same. b. The titles to the sections and paragraphs of this Lease are for convenience of reference only and are not a part of this Lease and shall have no effect upon the construction or interpretation of any part of this Lease. All exhibits attached to this Lease are, however, a part of this Lease. In construing this Lease, none of the parties to it is to have any term or provision construed against it solely by reason of its having drafted the same. FD Temp Station 104 Contract No 09-00168 C. Any provision of this Lease that is invalid, illegal, or unenforceable shall be ineffective to the extent of such invalidity, illegality, or unenforceability without invalidating, diminishing or rendering unenforceable the rights and obligations of the parties under the remaining provisions of this Lease. d. No term or provision of this Lease may be amended, altered, modified, or waived orally or by a course of conduct, but only by an instrument in writing signed by a duly authorized officer or representative of the party against which enforcement of such amendment, alteration, modification, or waiver is sought. Any. amendment, alteration, modification or waiver will be for such period and subjedt^,to such conditions as are specified in the written instrument effecting the same. Ariyfwaiyer will be effective only in the specific instance and for the specific purpose fW'"ich given. e. This Lease and all exhibits attached to it constitutes the;entire agreement superse of the parties with respect to the subject matter hereof and des all prior or contemporaneous agreements (whether written or oral40 ) with respect thereto. f. This Lease may be executed in several counterparts, each of which is an original, but all of which together stitute one and the same instrument. Subject to the provisions of paragr��0,`this Lease inures to the benefit of and is 5''t�, binding upon the parties�hereto and their respective successors and assigns. Z ..,: No official, officer, agent or employee of eith"e"r Lessor or Lessee has any personal liability for any breach or default under this Lease and Lessor and Lessee each waive any and all rights they may have to seek the recovery of monetary damages against any such official, officer, agent or employee. Pur�s ant o - hapter 2:08 of the Los Angeles County Code, this agreement has been,�executed on behalf of the County of Los Angeles by the Chief Executive Officer on the V'?�, day of X •� , 2009. FD Temp Station 104 Contract No 09-00168 / O COUN'T'Y OF LOS ANGELES a body corporate and politic WILLIAM T. FUJIOKA Chief Executive Officer: M. Chief Executive Office APPROVED AS TO FORM: OFFICE OF THE COUNTY COUNSEL ROBERT E. KALUNIAN Acting County Counsel 9 Amy M. Senior I znty Counsel ,rte: CITY OF�SANTA CLA`RITA: lqtv By 1 Ken Pulskamp, City Manager APPROVED AS TO FORM: ATTEST: DEAN C. LOGAN Registrar' -Re "corder/County Clerk of the County of Los Angeles P R� By_ pdty County Clerk a d L 4 ' r BURKE, WILLIAMS & SORENSEN, LLP By Carl K. Newton City Attorney D FD Temp Station 104 ATTEST: By Sharon L. Dawson, CMC City Clerk Contract No 09-00168 l�