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HomeMy WebLinkAbout2010-08-24 - AGENDA REPORTS - LEASE AGMT LACO FIRE (2)CONSENT CALENDAR DATE: SUBJECT: DEPARTMENT: Agenda Item: "q CITY OF SANTA CLARITA AGENDA REPORT City Manager Approval Item to be presented by: August 24, 2010 Rick Gould APPROVAL OF A LEASE AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND THE LOS ANGELES COUNTY FIRE DEPARTMENT Parks, Recreation, and Community Services RECOMMENDED ACTION 1. City Council approve a Lease Agreement with the Los Angeles County Fire Department (LACFD) for the purpose of providing a location for training of local fire prevention crews. 2. Increase estimated revenues for Fiscal Year 2010-11 by $1.00 in General Fund Account 100-4311.007, Rental Income. 3. Authorize the City Manager, or designee. to execute the Agreement, subject to City Attorney approval. BACKGROUND The Los Angeles County Fire Department (LACFD) desires to enhance training opportunities for local firefighters. City staff has been working with LACFD on a one-year lease agreement for use of the property known as the Rawlins parcel, located at 21563 Cleardale Avenue in Quigley Canyon in Newhall. The Rawlins parcel has a rustic cabin and several out buildings that are well suited for LACFD to use for search and rescue training exercises. This location in Placerita Canyon is ideal to mimic intense and extraordinary fire situations with the heavy brush, large oak trees, and residential development nearby. No live fire will be used in LACFD search and rescue training exercises on this parcel. The proposed search and rescue training will provide a unique opportunity that will benefit both local fire personnel and the community. Training activities will include search and rescue, ventilation drills, trail breaks, and brush clearance. APPROVED In consideration of the Quigley Canyon residents, training activities will be restricted to a maximum of three days per week which will also minimize any potential impacts to wildlife in the area. City staff has impressed upon LACFD the importance of keeping the residents informed of training exercises in this area. When training activities are underway at the site, LACFD will notify nearby residents by posting signage. ALTERNATIVE ACTIONS Other action as determined by City Council. FISCAL IMPACT This action will result in an increase to General Fund Account 100=4311.007, Rental Income, in the amount of $1.00. ATTACHMENTS Draft Lease Agreement LEASE AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND LOS ANGELES COUNTY FIRE DEPARTMENT Contract No. THIS LEASE ("Lease") is made and executed this day of 20_, between CITY OF SANTA CLARITA, a municipal corporation and general law city ("CITY"), and LOS ANGELES COUNTY FIRE DEPARTMENT agree as follows: 1. RECITALS. This Lease is made with reference to the following facts and objectives: A. LESSEE desires to conduct trainings and drrlt_on City owned property. B. The CITY recognizes the importance of on-going training for,local fire prevention crews and has property that is considered by LEESSEE to be suitable for the use proposed � C. LESSEE agrees to accept the property; access and improvements "WHERE-IS"and "AS -IS", and LESSEEacknowledges and agrees that the CITY makes no warranty or representation of any kind respecting the condition, safety or suitability of the property; except as otherwise expressly stated in this Lease. 2. LEASE: DESCRIPTION OF PROPERTY.: CITY leases to LESSEE to use, on the terms and conditions of this Lease p rtions of the real property 'identified in attached Exhibit "A" , which is incorporatedby reference, which portions are described as 21563 Cleardale Ave., Newhall CA ("Property".) 3. RENT. LESSEE agrees to ay to CITE'-��as rental for the Property the sum of one dollar ($1.00), payable upon execution of"this Lease. 4. TERM. The term of this Lease is x:l-(one) YEAR, commencing on the date hereof. F� 5. USE OF PROPERTY. ;Subject to the limitations listed below, LESSEE may use the Property for training and drillsIon Tuesdays, Wednesdays and Thursdays only, from 8:00 a.m. to 4:00 p.m. While 'LEESSEE occupies the Property, LEESSEE shall post a sign notifying the public of LACoFD presence at both the street entrance and at the gate adjacent to the Property. Approved uses include; Search and rescue training, brush and tree clearance, ignition source removal, fire break training, ventilation training and heavy equipment training as described in the attached Exhibit "B". The Property may not be used for any other purpose. Revised 7/2009 Page 1 of 8 6. UTILITIES. A. LESSEE is responsible directly to the serving entities for all utilities and services required for its use of the Property, including, without limitation, electricity, gas, telephone services, trash, water, and cable television. B. LESSEE agrees to order, obtain, and pay for all utilities and services and installation charges in connection with the use and operation of the Property. 7. TRASH AND GARBAGE. LESSEE will provide and pay all costs for the complete and proper disposal and timely removal of all refuse resulting from itscperations. LESSEE will provide and use appropriate covered receptacles for all refuse at the Property. Piling boxes, cartons, barrels or other similar items in view of a public area will -lot be permitted. LESSEE is r � r responsible for the proper disposal of its refuse in such a manner as not`to contaminate or restrict sewer lines. e 8. MAINTENANCE QUALITY. Without limiting LESSEE's dutiestiuinder Section 7, LESSEE shall maintain the Property in a good and clean condition. CITY's des gnees may, at any reasonable time and without notice, enter the Property -.-,,to determine cif satisfactory maintenance is being performed. If the quality of maintenance is unreasonable, CITY will provide written notice to LESSEE which includes the specific nature of the complaint. Should LESSEE fail to improve and sustain gtzality maintenance within thirty (30) days of CITY's notice, CITY may enter upon the Property ander perform such maintenance. LESSEE will promptly reimburse CITY for the cost of�mainteAance, plus ten -percent (10%) for CITY's administrative overhead. . 9. HAZARDOUS WASTE: CITY has not, or, to CITY's knowledge, has any third party used, generated, stored, yor disposed=of, or permitted the use, generation, storage, or disposal of, any hazardous material (as, defined ;below) on, under, or within the Property in violation of any law or regulation. LESSEE agrees =that it will dot use, generate, store, or dispose of any hazardous material (as defined,.,below) on, ..under�* within the Property in violation of any law or regulation �ESSEE.grees to defend and indemnify CITY, as provided in this Lease, against any and-1all losses, liabrhtie5, claims, and/or costs arising from any breach by LESSEE of any warranty; or agreement contained in this section. As used in this section, "hazardous material" means any substance, chemical;or waste that is identified as hazardous, toxic or dangerous in any applicable federal, state, or local law or regulation (including petroleum and asbestos). 10. POSSESSORY INTEREST TAXES. LESSEE is informed by CITY pursuant to Revenue and Taxation Code §r -10'i;.6 that LESSEE's property interest in the Property may be subject to property taxation if creaed and that LESSEE may be subject to the payment of property taxes levied on its interest. 'LESSEE agrees to pay any such property taxes prior to delinquency and LESSEE may not deduct such amount from payments to CITY. 11. QUIET ENJOYMENT. CITY agrees that LESSEE, upon making payments to be paid by LESSEE under the terms of this Lease and upon observing and keeping the agreements and each of the covenants of this Lease, will lawfully and quietly hold, occupy, and enjoy the Property during the term of this Lease. Revised 7/2009 Page 2 of 8 12. CITY'S LIMITED WARRANTY. CITY warrants that it is under no disability, restriction or prohibition, whether contractual or otherwise, with respect to its right to execute this Lease and perform its terms and conditions and has the legal right, power and authority to grant all of the rights granted herein. 13. TERMINATION. This Lease may be terminated as follows: A. At the expiration of the term; B. Upon mutual written agreement between the parties; C. At the end of 12 (twelve) months if either party gives I (one) months notice to the other of its intent to terminate this Lease; D. Upon the Property being condemned; ori E. Should LESSEE materially breachthis; Lease and fail to cure such breach to CITY's reasonable satisfaction within thirty.4) days' --of being notified by CITY regarding such breach. 14. CONDITION OF PROPERTY UPON TERMINATION ;Upon termination of this Lease for any reason, LESSEE will vacate the Property; and deliver it Ftp"`CITY in good order and condition, damage by the elements, earthquake, and ordinary wear and tear excepted. 15. SALE OR TRANSFER BY CITY. Should CITY, at -any time during the term of this Lease, sell, lease, transfer; or otherwise convey all or any part of the Property to any transferee other than LESSEE, "`""'then such transfer will be under and subject to this Lease and all of LESSEE's rights hereunder 16. CONDEIVINATl<ON. If all -,or part of th' Property is acquired by eminent domain or purchase in lieu thereof;"wCITY` shall be entitled to receive all awards and compensation in connection therewith, and LESSEEaid ow' that it will have no claim to any compensation awarded for the taking of: the Property or any portion thereof or for loss of or damage to LES S EE' s"improvements . 17. RELOCATION BENEFITS. LESSEE acknowledges that it was informed that CITY is a public entity and that the Property was previously acquired by CITY for a public purpose. LESSEE further acknowledges that any rights acquired under this Lease arose after the date of acquisition of the Property and that said rights are subject to termination when the Property is needed by CITY. LESSEE acknowledges that at the time of any termination of this Lease, LESSEE will not be a "displaced person" entitled to any of the relocation assistance or benefits offered to displaced persons under state or federal law. 18. NO PUBLIC PROJECT. All rights given to LESSEE pursuant to this Lease are for LESSEE's use of the public property identified herein. Any trespass, use, or other utilization of private property by LESSEE is done at its own risk; LESSEE is not an agent of CITY and this Lease is not intended, nor should it be construed, to constitute a public project. Revised 7/2009 Page 3 of 8 19. FORCE MAJEURE. Should performance of this Lease be prevented due to fire, 'flood, explosion, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties' control, then it will immediately terminate without obligation of either party to the other. 20. NO FIXTURES. Improvements and facilities that currently exist, or may be constructed during the term of this Lease, will not constitute fixtures. attached to the Property. Any such facilities may be removed by LESSEE upon termination of the Lease 21. ALTERATIONS, MECHANICS' LIENS. Except as provided'by this Lease, LESSEE will not make, or cause to be made, any alterations to the Property, or any part thereof, without CITY's prior written consent. LESSEE will keep the Prop erN free from any liens arising out of any work performed, material furnished, or obligations: incurred'by LESSEES_ 22. ASSIGNMENT AND SUBLETTING. This Lease may, not be assigned; 7 transferred, or sublet by LESSEE, court order, or through any other means. Any such purported transfer will be null and void. 23. HOLDOVER. If LESSEE holds possession of the Property after the term expires, with CITY's written consent, LESSEE will becoine'a tenant from month-to-month at the greater of $1.00 per month or the then fair market renta ate per month for the`Property. Except for rent, such tenancy will be subject to all of the terms and condtttons;,of this Lease. 24. INDEMNIFICATION— LESSEE NDEMNIFICATIONS`"LESSEE indemnifies and Bolds CITY Harmless from and against any claim, action, judgment, damages; costs and expenses (including, without limitation, attorney's fees), WWV injuries, or liability, arising out of this Lease;° or its performance, or LESSEE's use of the Property, except for CITY's negligence. ''For purposes of this section "CITY" includes CIT i"s offieerofficials; ;, employes agents, representatives, and volunteers, and "IESSEE" includesgLESSEE's officers, officials, employees, agents, representatives, and volunteers. A ;LESSEE expressly agrees that this hold harmless and indemnification provision is intended to be as broad and inclusive as is permitted by the law of the State of California and that ifany, portion is held invalid, it is agreed that the balance will, notwithstanding, continue in fullegal force and effect. . B. It is expressly understood and agreed that the provisions of this Section 24 will survive termination of this Lease. C. The requirements as to the types and limits of insurance coverage to be maintained by LESSEE as required by Section 25 below, and any approval of such insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by LESSEE pursuant to this Lease, including but not limited to the provisions concerning indemnification. Revised 7/2009 Page 4 of 8 25. INSURANCE. LESSEE must procure and maintain insurance of the type, for the period, with the coverages and limits, and in accordance with the terms, conditions, and requirements that follow: In accordance with California Government Code Section 989-991.2, County Code Chapter 5.32, and Articles 1 and 2 of the Los Angeles County Charter the County, a political subdivision of the state, is authorized to self -insure for its,_lia_bility. This self- insurance includes coverage for legal liability and defense costs for claims asserted by third parties for bodily injury and property damage, including general and auto liability (casualty) and workers compensation benefits. The above coverage applies to County's actual liability for its acts a1ndlbmissions, . =., without dollar or time limitation. The exception tothis self-insurance coverage is per County Code 5.32.030, the County does not insure any employee from liability resulting from his actual fraud, corruption, or malice.. This statement of Liability is for the County of Los AngelsFire Department search and rescue, rapid intervention crew (firefighter rescue), ventilation training, forcible entry, and foam retardant application. The County -shall indemnify, defend, and hold harmless the City of Santa Clarita against any liability arising from or connected with the County's negligent acts and/or omissions arising solely fro`and/or relating to County of Los Angeles Fire Department -use of space for they stated training purposes on the dates and locations noted. , w 26. COMPLIANCE WITHA.AW. LESS'EE i"11, at its sole cost and expense, comply with all of the requirements of all federal lan,_ state, and local authorities now in force, or which may hereafter be in force, pertaining to'the Property and will faithfully observe in the use of the Property-, all applicable laws. The judgment of any court of competent jurisdiction that LESSEE has violated any such ordinance or statute in the use of the Property will be conclusive. of that fact as between CITY and LESSEE. V 27. WAIVER OF BREACH. Any express or implied waiver of a breach of any term of this Lease will not constitute a waiver of any further breach of the same or other term of this Lease. 28. INSOLVENCY; RECEIVER. Either the appointment of a receiver to take possession of all or substantially all of the assets of LESSEE, or a general assignment by LESSEE for the benefit of creditors, or any action taken or offered by LESSEE under any insolvency or bankruptcy action, will constitute a breach of this Lease by LESSEE, and in such event this Lease will automatically cease and terminate. 29. NOTICES. Except as otherwise expressly provided by law, all notices or other communications required or permitted by this Lease or by law to be served on or given to either Revised 7/2009 Page 5 of 8 party to this Lease by the other party will be in writing and will be deemed served when personally delivered to the party to whom they are directed, or in lieu of the personal service, upon deposit in the United States mail, certified or registered mail, return receipt requested, postage prepaid, addressed to: LESSEE at: Division Headquarters Fire Station 73 Attn: Assistant Chief Bill Niccum 24875 N. Railroad Avenue Newhall, CA 91321 CITY at: Either party may change its address for the purpose of this Section by giving, written notice of the change to the other party., 30. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree. ,agreements ancillary to this Lease and related documents to be entered into;n connection with this Lease will be considered signed when the signature of a party_ is delivered by facsimile transmission. Such facsimile signature will be treated ,in all respects as having the same effect as an original signature. 31. GOVERNING LAW. This Lease has":beef with the laws of the State of California and excl will be in Los Angeles County. 32. PARTIAL INVALIDITY. Should any p competent jurisdiction to :be eitherinvalid or u Lease will remain in effect, unimpaired by the he 33. and LESSE and correc in and will -be' construed in accordance nue<for any action involving this Lease ision of this Lease be held by a court of zforceable, the remaining provisions of this 11-11 .11 instrument and its attachments constitute the sole agreement respecting the:Property, the use of the Property by LESSEE, and the sets forth Y e obligations of CITY and LESSEE. Any Lease or Property' or its leasing by CITY to LESSEE not expressly set forth ', dere is/are 2 two attachment(s) to this Lease. "e language of each part of this Lease will be construed simply and and this Lease will never be construed either for or against either 35. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Lease and to engage in the actions described herein. This Lease may be modified by written amendment. CITY's City Manager, or designee, may execute any such amendment on behalf of CITY. Revised 7/2009 Page 6 of 8 36. COUNTERPARTS. This Lease may be executed in any number or counterparts, each of which will be an original, but all of which together will constitute one instrument executed on the same date. Revised 7/2009 Page 7 of 8 �W Revised 7/2009 Page 7 of 8 IN WITNESS WHEREOF, the parties hereto have executed this contract the day and year first hereinabove written. FOR LOS ANGELES COUNTY FIRE DEPARTMENT: ASSISTANT CHIEF BILL NICCUM Assistant Chief Bill Niccum Date: Date: City Attorney Date: Revised 7/2004 Page 8 of 8 V Exhibit A Lot 133 of Tract No. 1079, as per map recorded in Book 18, Page 155 of Maps in the office of the County Recorder of said County. Assessor's Parcel No. 2834-023-900 Commonly known as: 21563 Cleardale Avenue, Santa Clarita (Newhall) Ca 91321 EXHIBIT B Subject to the limitations, listed below, LESSEE may use the Property for training and drills on Tuesdays, Wednesdays, and Thursdays only. While LESSEE occupies the property, LESSEE shall post a sign notifying the public of Los Angeles County Fire Department (LACFD) presence at both the street entrance and the gate adjacent to the property. Approved training exercises include: search and rescue, rapid intervention crew (firefighter rescue), ventilation training, forcible entry, and foam retardant application. The EPA and U.S. Fish and Wildlife Service approve all foams used by the Los Angeles County Fire Department. No live fire will be used during the drills. Search and rescue training will include the use of smoke that may be visible to residents. LACFD will issue media advisories providing notification and information to residents. Brush clearance and weed abatement will be provided by the LESSEE in the following manner: 0 The access road to the drill site beginning, at the end of Cleardale Road and terminating one half mile from the end of Cleardale Road will be abated of all weeds and brush to a maximum width of sixteen feet and a minimum width of twelve feet. Upon entrance to the training site, an inner -access road shall be cleared of weeds to a maximum width of twelve feet. A parking area adjacent to the training site will be abated of weeds in an area large enough to accommodate multiple companies and their equipment. 13 A hiking trail that runs parallel to the drainage adjacent to the training site and inner -access road will be pioneered and developed. Said hiking trail will be flagged and marked by the City of Santa Clarita. a Maintenance of abated areas will be the responsibility of LESSEE for duration of training exercises or agreement, whichever is less. S:\PR\Parks planning & Open Space\Open Space & Real Propeny\Blankenship\Pire Dept Training\SCV Training Agreement Exhibit B.doc 1A_