HomeMy WebLinkAboutSubleases.pdf 7 G-T� �Vs
1 SUBLEASE
2
3
4 THIS AGREEMENT, made and entered into the day of
5 191!�-, by and between the COUNTY OF FRESNO, a political
6 bdivision of the State of California, whose address is 2220
7 Tulare Street, 8th Floor, Fresno, California, 93721 ("the
8 Lessee") , and the SHAVER LAKE COMMUNITY CENTER CHAPEL ASSOCIATION,
9 an incorporated association, organized under the laws of the State
10 of California, whose address is 41344 Tollhouse Road, Shaver Lake,
11 California, 93664 ("the Sublessee") .
12 WITNESSETH:
13 That the Lessee for and in consideration of the faithful
14 performance by the Sublessee of the terms, covenants, and
15 agreements hereinafter set forth to be kept and performed by the
16 Sublessee does hereby sublease that certain real property
17 hereinafter described (the "subleased premises") , for the primary
18 term of fifteen (15) years, commencing on July 1, 1992 , and ending
19 on the 30th day of June, 2007 , unless sooner terminated, as herein
20 provided, or by the terms of the Master Lease agreement between
21 the Lessor and Lessee concerning the subleased premises, dated
2.2 July 13 , 1982 (the "Master Lease") , a copy of which is attached
23 hereto, and incorporated herein as though its terms and conditions
24 were fully set out below, solely for the purposes hereinafter
25 specified, upon and subject to the covenants, conditions,
26 restrictions, reservations, exceptions, and rights and obligations
27 hereinafter set forth. Where there is an inconsistency between
28 the terms and conditions of this Agreement and the terms and
County of Isno
Fresno, California
1
I conditions of the Master Lease, the terms and conditions of t)
2 Master Lease shall prevail.
3 Lessee agrees to allow Sublessee to continue on sa
4 subleased premises for two (2) additional five (5) year ter3
5 after the primary term, under the same terms and condition;
6 subject to the condition precedent that the Master Lease continu,
7 to be in effect during such additional terms. Each five (5) yes
8 term will be renewed automatically unless either Lessee <
9 Sublessee advises the other to the contrary by giving at least
10 four (4) month written notice prior to the termination date
11 each term.
12 The real property hereinabove referred to is located
13 the County of Fresno, State of California, and is described
14 follows, to wit: Approximately 1.205 acre(s) ;
15 SEE THE SHADED AREA OF THE MAP IN MASTER LEASE EXHIB:
16 "A" AND LEGAL DESCRIPTION OF THE SUBLEASED PREMISES IN EXHIB:
17 IlBtl, both of which are attached hereto and incorporated herein
18 though such terms and conditions or description were fully set of
19 below.
20 SUBJECT TO:
21 Covenants, conditions, restrictions, reservation:
22 exceptions, rights, encumbrances, licenses and easements, whethf
23 of record or not.
24 1. Sublessee agrees to pay the Lessee for the use c
25 said subleased premises, the sum of Eighty Two Dollars and Fif-
26 Cents ($82 . 50) per one (1) year period (or the pro-rat(
27 fractional sum thereof where the last payment period of the te:
28 may be for less than a one (1) year period) on or before the fir:
County of F no
Fresno, California
2 —
1 day of July 1, of each year that this Agreement is in effect.
2 2 . Any holding over after the expiration of said terms,
3 with the consent of the Lessor and Lessee, shall be construed to
4 be a tenancy from month to month, at a rental of Six Dollars and
5 Eight-seven Cents ($6.87) a month and shall otherwise be on the
6 terms and conditions herein specified so far as applicable.
7 3 . The Sublessee agrees to use the above-described
8 subleased premises for the construction, operation and maintenance
9 of facilities which shall serve the Shaver Lake property owners
10 and residents in the same manner and for the same purpose that the
11 Shaver Lake Civic League uses its community center, located at
12 41344 Tollhouse Road, Shaver Lake, California, 93664 , as of the
13 date of execution of this Agreement. In this regard, Sublessee
-. 14 shall be solely responsible _for paying for all construction,
15 operation, and maintenance costs and expenses of such facilities
16 or any other facilities, structures, improvements, or
17 appurtenances located on or to be located on the subleased
18 premises on or after the execution of this Agreement. Sublessee,
19 in such use of said subleased premises, shall not unlawfully
20 discriminate against anyone based upon his or her use or intended
21 use of the subleased premises, content of speech upon the subject
22 subleased premises, identity, race, religion, color, national
23 origin or ancestry, physical handicap, medical condition, marital
24 status, age, sex, or political affiliation.
25
26
27
28
county of F sno
Fresno, California
- 3 -
1 ACCORDINGLY, SUBLESSEE PROMISES, COVENANTS, AND WARRANTS
2 THAT IT SHALL NOT, OR ALLOW ANYONE TO, PERMANENTLY ESTABLISH,
3 ERECT, AFFIX TO, OR PLACE UPON THE BUILDINGS, STRUCTURES,
4 IMPROVEMENTS OR APPURTENANCES LOCATED ON THE SUBLEASED PREMISES
5 ANY RELIGIOUS SYMBOLS, SIGNS, FIXTURES, PICTURES, WORDS, OR NAMES,
6 INCLUDING, BUT NOT LIMITED, TO 11CHAPEL11 OR "CHURCH".
7 4 . Sublessee, by executing this Agreement, understands
8 that all its rights hereunder are subordinated to and conditioned
9 upon the covenants, conditions, restrictions, reservations,
10 exceptions, and rights and obligations which are found in the
11 Master Lease. Furthermore, Sublessee agrees to accept, perform
12 and assume all of those obligations and responsibilities that are
13 placed upon Lessee in said Master Lease, and all such obligations
14 and responsibilities shall be fully binding upon Sublessee in this
15 Agreement, as such provisions apply to the subleased premises.
16 5. If any part of the subleased premises shall be taken
17 for public or quasi-public use by right of eminent domain, or
18 transferred by agreement in connection with such public
19 quasi-public use, with or without any condemnation action or
20 proceeding being instituted, the award shall belong to and be paid
21 to Lessor, except that any portion of the award attributed to
22 improvements made in or placed upon the leased subleased premises
23 shall go to Sublessee.
24 6. In addition to the remedies that Lessee may have, as
25 provided for herein or by law, Lessee may terminate this Agreement
26 upon at least one hundred eighty days (180) advance written notice
27 to Sublessee if Sublessee breaches any material provision of this
28 Agreement or the Master Agreement.
County of Asno
Fresno, Catifornia
-- 4 -
1 If there is any unearned rent retained by Lessee, on
2 Sublessee's account, Sublessee shall be entitled to a refund
3 thereof, unless the cost of claims, liens, loss, damage, actions,
4 causes of action, expenses, and/or liability, including, but not
5 limited to, costs and expenses and attorneys fees (hereinafter
6 referred to as "damages") proximately caused by Sublessee's
7 material breach exceeds the sum of such rent remaining. In such
8 case, Lessee shall be entitled to offset such unearned rent
9 against such damages. However, such right to offset shall not in
10 any way be regarded as a limit to the amount of compensation for
11 damages to which Lessee is entitled because of Sublessee's
12 material breach.
13 In addition to the foregoing, should Sublessee fail or
14 refuse to vacate the subleased premises, Lessee may bring an
15 action for unlawful detainer, and obtain costs and expenses and
16 attorneys fees to which Lessee is entitled.
17 The waiver by Lessee of any breach of any of the
18 provisions of this Agreement shall not constitute a continuing
19 waiver or a waiver of any subsequent breach by Sublessee either of
20 the same or another provision of this Agreement.
21 7. Upon the termination of this Agreement, for any
22 reason whatsoever, Sublessee shall, at or before the end of such
23 time, at its own cost, and to the satisfaction of the Lessee:
24 (a) remove all of its buildings, structures,
25 improvements and appurtenances, and restore the subject subleased
26 premises to its original condition unless the parties hereto agree
27 to a purchase by Lessee, or if the Lessee declines to purchase
28 same within a reasonable time after an offer of sale by Sublessee,
County of Isno
Fresno. California
5
I then Sublessee and Lessor may agree to a purchase by the Lessor,
2 of any of such buildings, structures, improvements or
3 appurtenances; and
4 (b) peaceably surrender possession of the subject
5 subleased premises to the Lessee who shall be entitled to reenter
6 said subleased premises, provided that the term of the Master
7 Lease shall still be in effect. If the term of the Master Lease
8 shall be terminated at the same time this Agreement is terminated,
9 the Sublessee shall peaceably surrender possession of the subject
10 subleased premises to the Lessor who shall be entitled to reenter
11 said subleased premises,
12 8 . This Agreement shall be binding upon and inure to
13 the benefit of the parties hereto and their respective
14 successors-in--interest, assigns (as permitted by Lessor) , and
15 legal representatives. By the execution of this Agreement, Lessor
16 consents to all of its terms and conditions contained herein.
17 9 . Sublessee represents, covenants, and warrants that
18 it has the legal capacity to sue and be sued and enter into this
19 Agreement and that Sublessee is a duly organized and legally
20 existing incorporated association in good standing in the State of
21 California. Each individual executing or attesting this Agreement
22 on behalf of Sublessee hereby covenants, warrants, and represents:
23 (i) that he or she is duly authorized to execute or attest and
24 deliver this Agreement on behalf of such incorporated association
25 in accordance with a duly adopted resolution of the incorporated
26 association's board of directors and in accordance with such
27 incorporated association's articles of incorporation or charter
28 and bylaws; and (ii) that this Agreement is binding upon such
County of F sno
Fresno. California
- 6 -
1 incorporated association.
2 IN WITNESS WHEREOF, the parties hereto have caused this
3 instrument to be executed as of the day and year herein first
4 above written.
5
APPROVED AS TO LEGAL FORM: SUBLESSEE:
6 PHILLIP S. CRONIN SHAVER LAKE COMMUNITY
COUNTY . OUNSEL CENTER CHAPEL ASSOCIATION
7
8 `
By r �� By
9 Pr ident
10 Tax I . D. No. :
11
APPROVED AS TO ACCOUNTING FORM:
12 GARY W. PETERSON ATTEST:
AUDITOR--CONTROLLER/TREASURER-
13 TAX COLLECTOR
14 BY
Secretary
15 B
16
LESSEE:
17 COUNTY OF FRESNO
18
LTG VAGI
19 By /s/
Chairman, Board of Supervisors
20 JUN 3 u 1992
21 RECOMMENDED FOR APPROVAL: ATTEST: SHARI GREENWOOD,
CLERK TO THE BOARD OF SUPERVISORS
22
23 By av 24 ?Services
i rd . We on, Director
u 1 c rks & Development
25 Department
26
27
28
County of F sno
Fresno, California
— 7 -
1 APPROVED BY LESSOR:
SOUTHERN CALIFORNIA EDISON
2 COMPANY, ASSIGNEE OF MASTER LEASE
FROM
3 ASSOCIATED SOUTHERN INVESTMENT
COMPANY
4
5
By /,�i - -ee,�
6 D. Jones
OV
Regional ana er
7 Land Se s Division
Real Properties and
8 Administrative Services
9
For Accounting Use Only:
10
Budget Unit No. : 9171
11
Account No. : 2131
12
13
14
15
BLM:ID2232
16 (5/20/92)
17 shaver. 2 / diskette Al
18
19
20
21
22
23
24
25
26
27
28
County of F sno
Fresno, California
— 8 —
EXHIBIT "A"
rbd t N
N o f 7
.p cn
A g<•
orN I O ,tS' o
1 Q vo
'p H
iv Nco
m dt+
YORTH 210.41 5 401-
. 0Q+ Z fA 121-
L � m
0 O u�
O �' 8
T5 �� Z
C: E
O ro -n m Z 120
N N
9017
rrl
o Cy N aA � I•py `.�
v �
LA D z 0 K 3 db '�•
D
aoc n o � � m � p m
1.0 OIn
r`, ..
L7 1 Op $ f�
N 1021 07 E 3 co1 F sn 1
167.93' �S? 487.11' _ r•� Sol
y 1 P21 07 E 1314.73' ,L9•
to
VO
a1{y5 �.�01 S 3 ubb'
'0'142-04
•
�`1�6��°i690/1 +!fib `'°
EXHIBIT "B"
LEGAL DESCRIPTION
SUBLEASE SITE
SHAVER LAKE COMMUNITY CENTER CHAPEL
That real property situate in the County of Fresno , State of
California , being a portion of the Northwest one-quarter of the
Southeast one-quarter of Section 35 , Township 9 South, Range 24
East , Mount Diablo Base and Meridian ,- more particularly described
as follows :
Beginning at the Northwest corner of the Southeast one-quarter of
the Southeast one-quarter of said Section 35 , with said corner
being the "True Point of Beginning" ; thence , along the southerly
line of the Northwest one-quarter of the Southeast one-quarter of
said Section 35 , N 89Q° 55' 360 W, a distance of 359 . 68 feet ;
thence , leaving said southerly line , North a distance of 64 . 00
feet ; N 750 421 36" E, a distance of 145 . 12 feet ; N 19* 36 ' 43"
E , a distance of 135 .00 feet ; S 750 05 ' 58* E , a distance of
141 . 50 feet ; S 15° 15 ' 59" W, a distance of 43 . 50 feet ; S 66'
02 ' 36W E , a distance of 56 . 28 feet ; S 10 21 ' 070 W, a distance
of 126 . 28 feet , to the "True Point of Beginning" , containing
1 . 205 acres , more or less .
chapel . leg
1
I SUBLEASE
2 THIS AGREEMENT, made and entered into theN day of
3 October, 1996 by and between the COUNTY OF FRESNO, a political
4 subdivision of the State of California, hereinafter referred to as ("the
s Lessee"), and the MINARETS JOINT UNION HIGH SCHOOL DISTRICT,
6 whose address is P.O. Box 400, North Fork, California 93643, 93602. ("the
7 Sublessee"),
s WITNESSETH:
9 That the Lessee for and in consideration of the faithful
io performance by the Sublessee of the terms, covenants, and agreements
i 1 hereinafter set forth to be kept and performed by the Sublessee does hereby
12 sublease that certain real property hereinafter described (the "subleased
13 premises"), for the primary term of one (1) year, commencing on the date the
14 agreement is executed, and ending one (1) year later, unless sooner
15 terminated, as herein provided, or by the terms of the Master Lease
16 agreement between the Southern California Edison Company (hereinafter
17 referred to as Edison) and Lessee concerning the subleased premises,
18 dated July 13, 1982 (the "Master Lease), a copy of which is attached hereto
1g as Exhibit A, and incorporated herein as though its terms and conditions
20 were fully set out below, solely for the purposes hereinafter specified, upon
21 and subject to the covenants, conditions, restrictions, reservations,
22 exceptions, and rights and obligations hereinafter set forth. Where there is
23 an inconsistency between the terms and conditions of this Agreement and
24 the terms and conditions of the Master Lease, the terms and conditions of
25 the Master Lease shall prevail.
26 Lessee agrees to allow Sublessee an option to continue on said
27 subleased premises for one additional one (1) year term after the primary
28 term, under the same terms and conditions, subject to the condition
1
i precedent that the Master Lease continues to be in effect during such
2 additional term. The one (1) year option may be renewed by Sublessee
3 advising Lessee by giving a written notice that said option is exercised prior
a to April 30th, 1997.
5 The premises hereinabove referred to is located in the County of
6 Fresno, State of California, and is described as follows, to wit: 500 square
7 feet of Shaver Lake Community Center which are presently used by Fresno
s County Public Library, provided that such use by Sublessee shall be at such
9 time(s) as said 500 square feet are not being used by the Fresno County
to Library unless both parties by separate written agreement agree to share
11 space.
12 SUBJECT TO:
13 Covenants, conditions, restrictions, reservations, exceptions,
14 rights, encumbrances, licenses and easements, whether of record or not.
15 I. Sublessee agrees to pay the Lessee for the use of said
16 subleased premises, the sum of Eighty Two Dollars and Fifty Cents ($32.50)
17 per one (1) year period (or the pro-rated fractional sum thereof where the last
18 payment period of the term may be for less than a one (1) year period) on or
19 before the fifteenth day of August of each year that this Agreement is in
20 effect. Funds will be deposited into the appropriate budgetary account for
21 County Service Area 31.
22 Sublessee further agrees to pay the Lessee the sum of One
23 Hundred Dollars ($100.00) per school month for utility usage (i.e. electricity,
24 water, sewer, disposal and propane), payable monthly on or before the
25 fifteenth day of each month that this Agreement is in effect; funds will be
26 deposited into the appropriate budgetary account for County Service Area
27 31. At the option of Sublessee, utility usage fees may be paid in advance.
28 Sublessee further agrees to pay directly to the Fresno County
2
i Library Department, designated for the Shaver Library Trust Fund a
2 separate sum of Five Hundred Dollars ($500.00) per year for contribution to
3 the book replacement trust fund account (7510-0100 Acct number 5039) of
4 the Shaver Lake Branch Fresno County Public Library, payable on or before
s the first day of January of each year that this Agreement is in effect.
6 Sublessee further agrees to pay a pro-rats share based on
7 square footage of space used, of maintenance, repair and operations costs
s incurred by Lessee. Lessee shall provide an itemized list of costs for each
9 fiscal year.
10 2. Lessee shall allow for Sublessee's use a platform in the
i i storage area to securely house Sublessee's filing cabinets.
12 3. Any holding over after the expiration of said terms, with the
13 consent of Edison and Lessee, shall be construed to be a tenancy from
14 month to month, at a rental of Six Dollars and Eighty-Seven Cents ($6.87) a
15 month and shall otherwise be on the terms and conditions herein specified
16 as far as applicable.
17 4. The Sublessee agrees to use the above-described subleased
18 premises to provide both Library and Educational services to the community
ig of Shaver Lake. Sublessee, in such use of said subleased premises, shall
N not unlawfully discriminate against anyone based upon his or her use or
21 intended use of the subleased premises, content of speech upon the subject
22 subleased premises, identity, race, religion, color, national origin or ancestry,
23 physical handicap, medical condition, marital status, age, sex, or political
24 affiliation.
25 5. Lessee and Fresno County Public Library shall have the right
26 to approve in advance any physical internal restructuring of the facility by
27 Sublessee.
28 6. Sublessee shall provide computers, VCR's, and software
3
i which may be utilized by Fresno County Public Library.
2 7. Sublessee shall provide and be financially responsible for
3 required phone lines to enable operation of its program.
4 B. The Fresno County Public Library shall provide training and
s direction to the staff of the Sublessee regarding the usage of the Library
6 facilities and appurtenances.
7 9. Sublessee shall hold Edison and Lessee, its officers, agents,
8 and employees harmless from and against any and all losses, claims, costs
9 and expenses (including, but not limited to reasonable attorney's fees and
10 court costs, and any taxes for which Edison and Lessee becomes liable due
1 i to the operation of this Agreement), suits, damages, and liability whatsoever
12 resulting from or arising out of or in any way connected with Sublessee's use
13 of the leased premises.
14 10. Sublessee, by executing this Agreement understands that
15 all its rights hereunder are subordinated to and conditioned upon the
16 covenants, conditions, restrictions, reservations, exceptions, and rights and
17 obligations which are found in the Master Lease. Furthermore, Sublessee
18 agrees to accept, perform and assume all of those obligations and
19 responsibilities that are placed upon Lessee in said Master Lease, and all
20 such obligations and responsibilities shall be fully binding upon Sublessee in
21 this Agreement, as such provisions apply to the subleased premises.
22 11. If any part of the subleased premises shall be taken for
23 public or quasi-public use by right of eminent domain, or transferred by
24 agreement in connection with such public quasi-public use, with or without
25 any condemnation action or proceeding being instituted, the award shall
26 belong to and be paid to Edison, except that any portion of the award
27 attributed to improvements made in or placed upon the leased subleased
28 premises shall go to Sublessee.
4
1 12. In addition to the remedies that Edison and Lessee may
2 have, as provided herein or by law, Edison and Lessee may terminate this
3 Agreement upon at least thirty days (30) advance written notice to
4 Sublessee if Sublessee breaches any material provision of this Agreement
s or Master Agreement.
6 if there is any unearned rent retained by Lessee, on Sublessee's
7 account, Sublessee shall be entitled to a refund thereof, unless the cost of
a claims, liens, loss, damage, actions, causes of action, expenses, and/or
9 liability, including, but not limited to, costs and expenses and reasonable
io attorneys fees (hereinafter referred to as "damages") proximately caused by
11 Sublessee's material breach exceeds the sum of such rent remaining. In
12 such case, Lessee shall be entitled to offset such unearned rent against
13 such damages. However, such right to offset shall not in any way be
14 regarded as a limit to the amount of compensation for damages to which
15 Lessee is entitled because of Sublessee's material breach.
16 in addition to the foregoing, should Sublessee fail or refuse to
17 vacate the subleased premises, Lessee may bring an action for unlawful
18 detainer, and obtain costs and expenses and reasonable attorneys fees to
1g which Lessee is entitled.
20 The waiver by Lessee of any breach of any of the provisions of
21 this Agreement shall not constitute a continuing waiver or a waiver of any
22 subsequent breach by Sublessee either of the same or another provision of
23 this agreement.
24 13. Upon the termination of this Agreement, for any reason
25 whatsoever, Sublessee shall, at or before the end of such time, at its own
26 cost, and to the satisfaction of the Edison and Lessee:
27 (a) remove all of its structures, improvements and
28 appurtenances, and restore the subject subleased premises to its original
5
1 condition unless the parties hereto agree to a purchase by Lessee, or if the
2 Lessee declines to purchase same within a reasonable time after an offer of
3 sale by Sublessee, then Sublessee and Edison may agree to a purchase by
a the Edison, of any of such structures, improvements or appurtenances; and
5 (b) peaceably surrender possession of the subject
6 sublease premises to the Lessee who shall be entitled to reenter said
7 subleased premises, provided that the term of the Master Lease shall still be
s in effect. If the term of the Master Lease shall be terminated at the same
g time this Agreement is terminated, the Sublessee shall peaceably surrender
io possession of the subject subleased premises to the Edison who shall be
i 1 entitled to reenter said subleased premises.
12 14. This Agreement shall be binding upon and inure to the
13 benefit of the parties hereto and their respective successors-in-interest
14 assigns (as permitted by Edison), and legal representatives. By the
15 execution of this Agreement, Lessee and Sublessee consent to all of its
16 terms and conditions contained herein.
17 15. Sublessee represents, covenants, and warrants that it has
is the legal capacity to sue and be sued and enter into this Agreement and that
ig Sublessee is a duly organized and legally existing school district in good
20 standing in the State of California. Each individual executing or attesting
21 this Agreement on behalf of the Sublessee hereby covenants, warrants, and
22 represents: (i) that he or she is duly authorized to execute or attest and
23 deliver this Agreement on behalf of such school district in accordance with a
24 duly adopted resolution of the school board and in accordance with such
25 school district's bylaws; and (ii) that this Agreement is binding upon such
26 school district.
27 16. This Agreement is not intended to and will not be construed
28 to create the relationship of principal-agent, master-servant, employer-
6
1 employee, partnership, joint venture or association among Edison,
2 Sublessee and Lessee or any of them; neither is any party an officer of the
3 other. Each of the parties, their officers, agents and employees, in their
4 performance of this Agreement, shall act in an independent capacity
s between each other.
6 17. Any matters of this Agreement herein contained may be
7 extended or altered from time to time by the written mutual consent of
s Edison, Lessee, and Sublessee prior to termination of this Agreement.
9 18. Sublessee and Lessee may not assign, transfer, or
io subcontract their obligation of this Agreement or any rights hereunder
i i without the prior written consent of the Edison, Lessee, or Sublessee.
12 19. Any controversy or claim arising out of or relating to this
13 Agreement which cannot be amicably settled without court action shall be
14 litigated in a California State Court for Fresno County, California.
15 20. The rights and obligations of the parties and all
16 interpretations and performance of this Agreement shall be governed by all
17 respects of the laws of the State of California.
18 21. This Agreement constitutes the entire agreement between
19 Sublessee and Lessee with respect to the subject matter hereof and
20 supersedes all previous negotiations, proposals, commitments, writings,
21 advertisements, publications and understandings of any nature whatsoever
22 unless expressly included in this Agreement.
23 IN WITNESS WHEREOF, the parties hereto have executed this
24 Agreement by their officers or representatives duly authorized as of the date
2s and year first above written.
26 111
27 111
2s 111
7
1
LESSEE: SUBLESSEE:
2 COUNTY SERVICE AREA 31
3 DERAN KOLIGIAN
4 Deran Koligian, pfiairman upermten en
Board of Supervisors Minarets Joint Union High School District
5 Date:_ QQ1 2 2 1996
6
7 REVIEWED & RECOMMENDED P ED AS TO EG F RM
FOR APPROVAL
8
9
John a en erg, County ,i rarian Phillip Cronin, oun y o n e
10 �H
11 REVIEWED & RECOMMENDED ATTEST: Shari Gre ood, Clerk
12
FOR APPRO A Board of Supervi s
13 By:
E , wecAer77
14 sno Count ublic Work
Carolina Jimenez-Hogg, I eri Director
15 C k_ ((VI Q
16 APPROVED AS TO COUNTING REVIEWED & RECOMMENDED
FOR FOR APPROVAL
17
19 Gary W. Pet /s4oAuditor-Controller! President, Shaver Lake Civic League
Treasurer-Tax ector
20
21
22 Accounting Use Only:
Fund: 2131
23
Budget: 9171
24
Division:
25
Account: 3400
26
Requisition No:
27
GA751 ff HQADMIMAW I MSlERRAKS.W Po
28
8
FRSNO PW COMM . DEVELOP ID : 2094883316 OCT 20 '94 11 ; 21 No . 002 Po02
SUBLEASE
THIS AGREEMENT, made and entered into the
1
2 day of October, 1994 by and between the COUNTY OF FRESNO, a
3 political subdivision of the State of California, through County Service
Area No. 31 VCSA #31 ), hereinafter referred to as ("the Lessee"),
4
S and the SHAVER LAKE CIVIC LEAGUE, a nonprofit corporation duly
6 organized under the laws of the State of California, (the "Sublessee").
WITNESSETH:
7
That the Lessee for and in consideration of the faithful
8
9 performance by the Sublessee of the terms, covenants, and
10 agreements hereinafter set forth to be kept and performed by the
11 Sublessee does hereby sublease that certain real property hereinafter
described (the "subleased premises"), for the primary term ofI 6
12 _
13
`, r_ commencing on the 1st day of July, 1994, but effective
14 retroactively to commence on the 1st day of May, 1994, at no
15,
additional cost to Sublessee, and ending on the 30th day of June,16 ,
:Unless sooner terminated, as herein provided, or by the terms
17 of the Master Lease agreement between the Southern California
18 Edison Company (hereinafter referred to as Edison) and Lessee
19 concerning the subleased premises, dated July 13, 1982 (the "Master
20 Lease), a copy of which is attached hereto, and incorporated herein as
21 though its terms and conditions were fully set out below, solely for
22 the purposes hereinafter specified, upon and subject to the covenants,
23 conditions, restrictions, reservations, exceptions, and rights and
24 obligations hereinafter set forth. Where there is an inconsistency
25 between the terms and conditions of this Agreement and the terms
26 and conditions of the Master Lease, the terms and conditions of the
27
Master Lease shall prevail.
28 Lessee agrees to allow Sublessee an option to continue on
said subleased premises for one additional five (-) year term after the
1
FRSNO PW COMM . DEVELOP ID :2094883316 OCT 20 ' 94 11 :21 No .002 P . 03
primary term, under the same terms and conditions, subject to the
condition precedent that the Master Lease continues to be in effect
1
during such additional term. # e t ?year option will be renewed
2
by Sublessee advising Lessee by giving a written noticd + m,
3
:� , ,_p e_ that said option is exercised.
4 �_
S The premises hereinabove referred to is located in the
6 County of Fresno, State of California, and is described as follows, to
wit;
SEE THE LEGAL DESCRIPTION OF THE LEASED PREMISES
8 IN ATTACHMENT "I" AND THE PICTORIAL DESCRIPTION
OF THE LEASED PREMISES AS THE SHADED AREA OF
9 THE MAP IN ATTACHMENT "Il", both of which are
attached hereto and made a part hereof as though fully set
10 out herein.
11 SUBJECT TO:
12 Covenants, conditions, restrictions, reservations,
13 exceptions, rights, encumbrances, licenses and easements, whether
14 of record or not.
15 I. Sublessee agrees to pay the Lessee for the use of said
16 subleased premises, the sum of Sixty Dollars ($60.00) per one (1) year
17 period (or the pro-rated fractional sum thereof where the last payment
18 period of the term may be for less than a one (1) year period) on or
19 before the fifteenth day of August of each year that this Agreement is
20 in effect. Funds will be deposited into County Service Area 31 .
21 2. Any holding over after the expiration of said terms,
22 with the consent of Edison and Lessee, shall be construed to be a
23 tenancy from month to month, at a rental of Five Dollars ($5.00) a
24 month and shall otherwise be on the terms and conditions herein
25 specified as far as applicable.
26 3. The Sublessee agrees to use the above-described
27 subleased premises for the construction, operation and maintenance
28 of facilities, including but not limited to, the Shaver Lake Community
2
FRSNO PW COMM . DEIVIELOP ID :2094883316 OCT 20 ' 94 11 :22 No . 002 P . 04
Building, and associated improvements to the real property such as
1 the parking lot, the playing fields, etc., as may be approved by the
2 County Board of Supervisors, in order to provide extended services to
3
GSA #31 , namely, structural fire protection and recreation facilities,
a
including but not limited to those which, pursuant to a separate
5 agreement by and between GSA #31 and Sublessee, Sublessee
rovides to CSA #31 . In the Vvent the-subleased premises ire no
6 t
`VVII -' Suble r
7 e the rights granted hereinar
S
II . i II terms Qf
9
h e Nla Lease. E .`£ r� s s he f
10
only f r those DUMIRMtated in Daragragh 3 of the Master
Lease, whichL _ us-e thev
de
l2
scribe _ ' r tbe, rmcitruction, n a m i n n n
13
Qf
i[:i� approved b Super -
14
nr--erty owners and residents," Sublessee, in such use
15
o 16 said subleased premises, shall not unlawfully discriminate against
17 anyone based upon his or her use or intended use of the subleased
18 premises, content of speech upon the subject subleased premises,
19 identity, race, religion, color, national origin or ancestry, physical
20 handicap, medical condition, marital status, age, sex, or political
affiliation.
21
22 4 . This Sublease is subject to that Sublease between
County and Sierra Joint Union High School District, and up
2325
-
24
26 5. Sublessee shall hold Edison and Lessee, its officers,
27 agents, and employees harmless from and against any and ail losses,
28 claims, costs and expenses (including, but not limited to reasonable
attorney'$ fees and court costs, and any taxes for which Edison and
3
FRSNO PW COMM . DEVELOP ID : 2094863316 OCT 20 ' 94 11 : 22 No . 002 P .05
Lessee becomes liable due to the operation of this Agreement), suits,
damages, and liability whatsoever resulting from or arising out of or in
1
2 any way connected with Sublessee's use of the leased premises.
6. Sublessee, by executing this Agreement understands
3
4 that all its rights hereunder are subordinated to and conditioned upon
5 the covenants, conditions, restrictions, reservations, exceptions, and
b rights and obligations which are found in the Master Lease.
7 Furthermore, Sublessee agrees to accept, perform and assume all of
8 those obligations and responsibilities that are placed upon Lessee in
9 said Master lease, and all such obligations and responsibilities shall
10 be fully binding upon Sublessee in this Agreement, as such provisions
11 apply to the subleased premises.
12 7. If any part of the subleased premises shall be taken for
13 public or quasi-public use by right of eminent domain, or transferred
14 by agreement in connection with such public quasi-public use, with or
15 without any condemnation action or proceeding being instituted, the
16 award shall belong to and be paid to Edison, except that any portion
17 of the award attributed to improvements made in or placed upon the
19 leased subleased premises shall go to Sublessee.
14 8. In addition to the remedies that Edison and Lessee may
20 have, as provided herein or by law, Edison and Lessee. may terminate
21 this Agreement upon at least thirty days (30) advance written notice
22 to Sublessee if Sublessee breaches any material provision of this
23 Agreement or Master Agreement.
24 If there is any unearned rent retained by Lessee, on
25 Sublessee's account, Sublessee shall be entitled to a refund thereof,
26 unless the cost of claims, liens, loss, damage, actions, causes of
27 action, expenses, and/or liability, including, but not limited to, costs
28 and expenses and reasonable attorneys fees (hereinafter referred to as
"damages") proximately caused by Sublessee's material breach
4
FRSNO PW COMM . DEVELOP ID : 2094883316 OCT 20 ' 94 11 : 23 No . 002 PA6
exceeds the sum of such rent remaining. In such case, Lessee shall
l be entitled to offset such unearned rent against such damages.
2 However, such right to offset shall not in any way be regarded as a
3 limit to the amount of compensation for damages to which Lessee is
entitled because of Sublessee's material breach.
4
S In addition to the foregoing, should Sublessee fail or refuse
6 to vacate the subleased premises, Lessee may bring an action for
7 unlawful detainer, and obtain costs and expenses and reasonable
8 attorneys fees to which Lessee is entitled.
9 The waiver by Lessee of any breach of any of the
10 provisions of this Agreement shall not constitute a continuing waiver
11 or a waiver of any subsequent breach by Sublessee either of the same
12 or another provision of this agreement.
13 9. Upon the termination of this Agreement, for any reason
14 whatsoever, Sublessee shall, at or before the end of such time, at its
15
own cost, and to the satisfaction of the Edison and Lessee:
16 (a) remove all of its structures, improvements and
17 appurtenances, and restore the subject subleased premises to its
1$ original condition unless the parties hereto agree to a purchase by
19 Lessee, or if the Lessee declines to purchase same within a
20 reasonable time after an offer of sale by Sublessee, then Sublessee
21 and Edison may agree to a purchase by the Edison, of any of such
22 structures, improvements or appurtenances; and
23 (b) peaceably surrender possession of the subject
24 sublease premises to the Lessee who shall be entitled to reenter said
25 subleased premises, provided that the term of the Master Lease shall
still be in effect. If the term of the Master Lease shall be terminated
26
27 at the same time this Agreement is terminated, the Sublessee shall
28 peaceably surrender possession of the subject subleased premises to
the Edison who shall be entitled to reenter said subleased premises.
5
FRSNO PW COMM . DEVELOP ID :2094583316 OCT 20 ' 94 11 :24 No . 002 P . 07
10, This Agreement shall be binding upon and inure to the
benefit of the parties hereto and their respective successors-in-interest
1
assigns (as permitted by Edison), and legal representatives. By the
2
3 execution of this Agreement, Lessee and Sublessee consent to all of
its terms and conditions contained herein.
4
5 11 . Sublessee represents, covenants, and warrants that it
6 has the legal capacity to sue and be sued and enter into this
7 Agreement and that Sublessee is a duly organized and legally existing
8 nonprofit corporation in good standing in the State of California. Each
9 individual executing or attesting this Agreement on behalf of the
10 Sublessee hereby covenants, warrants, and represents: 0) that he or
11 she is duly authorized to execute or attest and deliver this Agreement
12 on behalf of such corporation in accordance with a duly adopted
13 resolution of the corporation and in accordance with such
corporation's bylaws; and (ii) that this Agreement is binding upon
14
15 such corporation.
16 12. This Agreement is not intended to and will not be
construed to create the relationship of principal-agent, master-servant,
17
18 employer-employee, partnership, joint venture or association among
19 Edison, Sublessee and Lessee or any of them; neither is any party an
20 officer of the other. Each of the parties, their officers, agents and
21 employees, in their performance of this Agreement, shall act in an
22 independent capacity between each other.
23 13. Any matters of this Agreement herein contained may
24 be extended or altered from time to time by the written mutual
25 consent of Edison, Lessee, and Sublessee prior to termination of this
26 Agreement.
27 14. Sublessee and Lessee may not assign, transfer, or
28 subcontract their obligation of this Agreement or any rights hereunder
without the prior written consent of the Edison, Lessee, or Sublessee.
6
FRSNO PW COMM . DEVELOP ID :2094883316 OCT 20 ' 94 11 : 24 No . 002 P .08
15. Any controversy or claim arising out of or relating to
this Agreement which cannot be amicably settled without court action
1
shall be litigated in a California State Court for Fresno County,
2
California.
3
4 16. The rights and obligations of the parties and all
5 interpretations and performance of this Agreement shall be governed
6 by all respects of the laws of the State of California.
7 17. This Agreement constitutes the entire agreement
8 between Sublessee and Lessee with respect to the subject matter
9 hereof and supersedes all previous negotiations, proposals,
10 commitments, writings, advertisements, publications and
11 understandings of any nature whatsoever unless expressly included in
12 this Agreement.
13 IN WITNESS WHEREOF, the parties hereto have executed
14 this Agreement by their officers or representatives duly authorized as
1S of the date and year first above written.
LESSEE:
16
COUNTY OF FRESNO,
17 THROUGH CSA #31
18
19 By
A. Vernon Conrad, Chairman
20 Board of Supervisors
21
SUBLESSEE;
22
SHAVER LAKE CIVIC LEAGUE
23
24 By
25
ATTEST: Shari Greenwood, Clerk
26 Board of Supervisors
27
B
2$ y
7
FRSND Ply COMM . DEVELOP ID :2094883316 OCT 20 '94 11 : 25 No . 002 P .09
APPROVED AS TO LEGAL FORM:
PHILLIP S. CRONIN, COUNTY COUNSEL
1
By
z
3 APPROVED AS TO ACCOUNTING FORM:
TR UE C ` EDIRR_CONTROLLER/
4 ASRRTAX 4LLCTp
5
By
7 REVIEWED & RECOMMENDED FOR APPROVAL
8
By
9
10 PUBL C WORKSE&DEVEDLOPM NT SERVICES
11 APPROVED BY LESSOR:
12 SOUTHERN CALIFORNIA EDISON COMPANY
1.3 ASSIGNEE OF
SOUTH RN INVESTMENT
COMPANY
14 B
15 y
16r
17
19 Accounting Use Only:
20 Fund: 2131
Budget: 9171
21 Division:
Account: 7295
22 Requisition No:
23 k\SHAVERLAKE.WD
24
25
26
27
28
8
FRSNO PW COMM . DEVELOP ID :2094883316 OCT 20 ' 94 11 :25 No .002 P . 10
ATTACHMENT "I"
L-054F
SHAVER LAKE
that certain real property in the County of Fresno, State of California, described
as follows
COMMUNITY CENTER:
That portion of the Southeast quarter of Section 35, Township 9 South, Range 24 East,
Mount Diablo Meridian, described as follows:
Beginning at a rebar with cap, stamped "RCE 12769," set for the Northwest corner of the
Southeast quarter of the Southeast quarter of said Section 36, said rebar bears North
890 55' 35" West a distance of 1316.13 feet from a found one and one-half inch iron pipe
set at the Northeast corner of said Southeast quarter of the Southeast quarter of Section
35, said rebar also bears South 89' 55' 35" East, a distance of 1357.96 feet from a
found 4x4 in a rock mound set at the Northwest corner of the Southwest quarter of the
Southeast quarter of said Section 35; thence North 89" 55' 35" West, along the North
line of said Southwest quarter of the Southeast quarter, a distance of 359.68 feet; thence
North, 210,41 feet; thence North 280 38' 45" West, 162.27 feet; thence North 16" 28' 42"
West, 340.10 feet; thence South 850 42' 58" East 468.73 feet to a point in the centerline
of State Highway 166 as now established; thence along said centerline the following
courses and distances; South 27" 07' 52" East, 150.00 feet; South 210 52' 56" East,
80.67 feet; South 13" 41' 44" East, 118.80 feet; South 15° 47' 35" East. 103.30 feet;
South 20" 52' 34" East, 116.98 feet; South 15°28' 47" East, 92.66 feet; to the beginning
of a tangent curve in said centerline, concave Northwesterly , and having a radius of
126,16 feet; thence Southwesterly along said curve through a central angle of 80" 16'
40" and arc distance of 176.76 feet; thence tangent to said curve South 64' 47' 53"
West, 100.25 feet, to a point in the Westerly line of said Southeast quarter of the
Southeast quarter of Section 35; thence leaving said centerline North 01" 21' 07" East,
along said Westerly line, 167.93 feet to said rebar set for the Northwest corner of said
Southeast quarter of the Southeast quarter of Section 35.
EXCEPTING THEREFROM those portions thereof hereinafter described and designated
as "PARCEL 1", PARCEL 2" and "PARCEL 3" and being more particularly described as
follows:
PARCEL 1:
Beginning at a point in the Northerly line of the above described Community Center, said
point being South 85°42' 58" East, 205.00 feet, measured along said Northerly line from
the Northwesterly corner of said Community Center; thence South 04" 17' 02" West,
120.00 feet; thence South 850 42' 58" East, 110 feet; thence North 04" 17' 02" East,
120.00 feet to said Northerly line; thence North 850 42' 58" West, along said Northerly
FRSNO PW COMM . DEVELOP ID : 2094683316 OCT 20 ' 94 11 : 26 No . 002 P . 11
line 110.00 feet to said Point of Beginning.
PARCEL 2:
Beginning at a point in the Easterly line of the above described Community Center, said
point being South 27" 07' 52" East, measured along said Easterly Line, (said Easterly
line being also the centerline of said State Highway 168) a distance of 115.00 feet from
the most Northeasterly corner of said Community Center; thence South 76' 18' 16"West,
130.00 feet; thence South 13' 41' 44" East, 50.00 feet; thence North 77" 03' 41" East,
140.71 feet to a point in said Easterly line; thence North 21' 52' 56" West, 18.00 feet
and North 27' 07' 52" West, 35.00 feet, along said Easterly Line, to said Point of
Beginning.
PARCEL 3.
Beginning at the rebar cap, stamped "RCE 12769" set for the Northwest corner of the
Southeast quarter of the Southeast quarter of Section 35, Township 9 South, Range 24
East. North 1° 21' 07" East, a distance of 101.50 feet, thence West, 89' 55' 35" East.
A distance of 228.00 feet; thence West, 75' 42' 36" East A distance of 145.12 feet;
thence South a distance of 84.00 feet to rebar cap stamped "RCE 12769" thence East
89' 55' 33" East a distance 359.68 feet to the point of beginning.
MP:Idh
g:resourcelpowerslmiscldiscrip.shv
10/19/94
FRSNO PW COMM . DEVELOP TD :2094883316 OCT 20 '94 11 :26 No .002 P . 12
ATTACHNLNT "II "
b
g 1Al-
M
1
1
-
.
i
.j
y� N
cv u
�s en
It
N
S
e s
.-J t
0.
dcn
v,
E
i