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CC SR 20190917 D - Lease with RPV for Eastview ParkRANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 09/17/2019 AGENDA REPORT AGENDA HEADING: Consent Calendar AGENDA DESCRIPTION: Consideration and possible action to extend the County Sanitation Districts Contract #3059- Eastview Park Property Lease Agreement for an additional five (5) year term. RECOMMENDED COUNCIL ACTION: (1) Renew the County Sanitation District Eastview Park Lease Agreement for an additional five (5) years. FISCAL IMPACT: Estimated annual cost is $2,600 plus annual adjustments in proportion to the changes in the Consumer Price Index for Los Angeles – Anaheim – Riverside (All Urban Consumers – All Items. For FY19-20, an amount of $2,600 is included in the FY19-20 Adopted Budget. Amount Budgeted: $2,600 Additional Appropriation: None Account Number(s): 101-400-5121-5106 (General Fund/Eastview Park - Rents & Leases) ORIGINATED BY: Daniel Trautner, Deputy Director of Recreation and Parks REVIEWED BY: Cory Linder, Director of Recreation and Parks APPROVED BY: Doug Willmore, City Manager ATTACHED SUPPORTING DOCUMENTS: A. County Sanitation Districts Eastview Park Lease Agreement (page A-1) BACKGROUND AND DISCUSSION: On September 20, 1989, the City of Rancho Palos Verdes entered into a 30-year lease agreement with the Sanitation Districts of Los Angeles County (CSD) for the property at 1700 Westmont Drive later named Eastview Park (see Attachment A). The CSD property was used as a construction staging area and access for the maintenance and repairs of two underground outfalls and appurtenant structures as needed. The property was determined suitable for park, recreation and open space development. The City was in need of additional park space and it was a benefit to the CSD, the City and the public to make improvements to the property for park use. Since the lease agreement was signed, Eastview Park has undergone several projects and enhancements. Currently, the park amenities include a children’s playground, 1 permanent restroom, jogging/walking path, picnic facilities, landscaping and irrigation, an off-street parking lot, mobile staff office and off-leash large/small dog areas. The City has the option to extend the term of the lease agreement on the same terms and conditions for four, five-year periods by notifying the CSD in writing of its intent to exercise the option. This extension would be the first of four, five-year term periods. The annual cost is estimated at about $2,600 plus annual adjustments in proportion to the changes in the Consumer Price Index for Los Angeles – Anaheim – Riverside (All Urban Consumers – All Items) promulgated by the Bureau of Labor Statistics. ALTERNATIVES: In addition to the Staff recommendation, the following alternative action is available for the City Council’s consideration: 1. Do not renew the lease with CSD. 2 LEASE AGREEMENT 2p+A THIS LEASE AGREEMENT is made and entered into this %h day of September , 1989, by and between COUNTY SANITATION DISTRICT NO. 2 OF LOS ANGELES COUNTY, hereinafter referred to as DISTRICT NO. 2, COUNTY SANITATION DISTRICT NO. 5 OF LOS ANGELES COUNTY hereinafter referred to as DISTRICT NO. 5, both of which are special districts organized under the County Sanitation District Act (Health and Safety Code Section 4700 & sea.) both of which are hereinafter referred to as DISTRICTS, and the CITY OF RANCHO PALOS VERDES, a Municipal Corporation, hereinafter referred to as CITY. WITNESSETH WHEREAS, DISTRICT NO. 5 is the fee simple owner of certain real property in the City of Rancho Palos Verdes, Los Angeles County, California more fully described in Exhibit l1Al1 and illustrated on Exhibit I1BM, which real property is hereinafter ref erred to as the ItSubj ect Property" ; and WHEREAS, legal title to the Subject Property is held by DISTRICT NO. 5 and is used as a construction staging area and for access for the maintenance and repair of two underground outfalls and appurtenant structures as needed; and A-1 WHEREAS, the two underground outfalls and appurtenant structures are part of a system of sanitation works known as the Joint Outfall system, which is managed and operated by COUNTY SANITATION DISTRICT NO. 2 OF LOS ANGELES COUNTY on its own behalf and on behalf of certain other County Sanitation Districts of Los Angeles County, including DISTRICT NO. 5. WHEREAS, only a small portion of the Subject Property is currently utilized by DISTRICTS, and DISTRICTS do not contemplate that they will have need for said property under normal circumstances, during the term of this Lease, other than the small portion presently being used; and WHEREAS, the Subject Property is suitable for park, recreation and open-space development; and WHEREAS, CITY has need for additional park space; and, WHEREAS, DISTRICTS are authorized to lease property of the DISTRICTS whenever it is no longer required for the purposes of the DISTRICTS or when its use may be permitted without interfering with its use by the DISTRICTS; WHEREAS, the parties hereto agree that it will be of benefit to the parties hereto and to the public to make certain improvements to the Subject Property for temporary public use as a park; A-2 NOW THEREFORE, in consideration of the covenants and conditions hereinafter set forth, the parties do agree as follows: 1. DEMISE AND DESCRIPTION OF PROPERTY DISTRICTS hereby lease to CITY and CITY hereby hires from DISTRICTS that certain real property, in the City of Rancho Palos Verdes, more fully described in Exhibit "Ant and illustrated on Exhibit I1Btt, excluding an area approximately 100 ft. by 100 ft. around the DISTRICTSt outfall access which will be fenced off and more fully delineated in accordance with Article 12A, herein. 2. TERM The initial term of this Lease Agreement shall be for a period of thirty years (30) from the date herein above written. CITY shall have the option to extend the term of this Lease Agreement on the same terms and conditions as herein provided, for four (4) five-year periods by notifying the DISTRICTS1 Chief Engineer and General Manager (hereinafter referred to as Manager) in writing of CITYts intent to exercise the option at least six (6) months prior to the expiration of the previous term. 3. SUSPENSION AND TERMINATION BY DISTRICT NO. 2 DISTRICT NO. 2 may terminate this Lease Agreement at any time by providing CITY six (6) months advance written notice of its intent to terminate, in accordance with the provisions of this Article, provided DISTRICT NO. 2 has found either that the Subject Property is needed by DISTRICT NO. 2 or any other County A-3 Sanitation District of Los Angeles County for the fulfillment of their public responsibilities or such termination is necessary to protect the public health or safety. Manager may immediately suspend this lease and require the CITY to immediately vacate the Subject Property if the Manager finds that such action is necessary to protect the public health or safety. Such suspension and order of vacation shall remain in effect only for a period of sixty (60) days from the date of such order unless such action is, within such time, ratified by the Board of Directors of DISTRICT NO. 2. The Board shall ratify such action only if it finds that such action is necessary to protect the public health or safety. Upon ratification by the Board, the suspension shall remain in effect until further action is taken by the DISTRICT NO. 2 Board and such ratification may be taken concurrently with the DISTRICT NO. 2 Board's election to terminate the Lease Agreement under the preceding paragraph. CITY shall be relieved from its obligations under this lease during any such period of suspension except that CITY'S obligations under Article 8 of the General Conditions shall apply with respect to claims arising from incidents occurring prior to such suspension and vacation. 4. TERMINATION BY CITY CITY may terminate this lease at any time upon providing sixty (60) days advance notice to DISTRICTS. A-4 5. USE CITY agrees that upon execution of this Lease Agreement that it will enter upon a plan of development for the use of the Subject Property by the public for park and recreation purposes. Among other things, CITY agrees that the Subject Property shall be available to members of the public at large and that the use of the subject premises shall not be limited only to residents of the city of Rancho Palos Verdes. In order to provide the public park and recreation facilities provided for hereby, CITY may make such improvements to the Subject Property as it determines will enhance its value for park and recreation purposes, said improvements to include but not be limited to landscaping, installing sprinklers, placement of benches, pots and trees and any other improvements customarily installed for public park purposes. Prior to making any improvements to the Subject Property CITY shall obtain written approval of the site plan and plan of development from Manager, which approval shall not unreasonably be withheld or delayed. CITY may at its sole discretion remove any and all such improvements upon the termination of this Lease. CITY shall, however, return the Subject Property to DISTRICTS at the expiration of the ten hereof in a clean, safe, and substantially the same condition that existed immediately prior to CITY'S entry thereon, except for park improvements made by CITY. In addition, CITY shall remove any park improvements which in the judgment of the Manager interfere with the use of A-5 DISTRICTSt property. DISTRICTS will not be liable for reimbursing CITY for park improvements should DISTRICT NO. 2 terminate or suspend the Lease Agreement as provided herein. 6. LIMITATION OF DAMAGES In the event that the DISTRICTS or either of them default or in any way breach this Lease Agreement, or any of its provisions, the extent of the DISTRICTSt liability therefor shall be limited to the unamortized costs of the improvements constructed or placed on the premises by CITY. The parties declare that this liquidated damage provision is reasonable in view of the limited rents payable by CITY under this Lease Agreement. This Article shall not apply to Article 8 of the General Conditions. 7. SEWER OUTFALL CITY understands that there are two large sewer outfalls beneath the surface of the Subject Property and a structure for access to the outfalls. CITY agrees that CITY will not damage or interfere with the operation and maintenance of the outfalls or the structure in any way. The access structure is shown on Exhibit ItBm. 8. MANAGEMENT During the term hereof CITY shall manage and maintain the Subject Property for public park purposes and pay all expenses incurred in connection therewith. CITY shall issue such rules and regulations for the use of the Subject Property as it determines are appropriate, provided that CITY shall adopt no A-6 rule which effectively limits the use of the Subject Property to only residents of the City of Rancho Palos Verdes. 9. RENT Subject to Article 10, CITY agrees to pay as annual rent for the Subject Property the sum of Twelve Hundred Dollars ($1,200.00), payable annually in advance on the commencement date as defined in Article 13, herein, and on each anniversary of the commencement date so long as this tenancy continues. In the event the obligation to pay rent terminates on some date other than the last day of the term then in effect, the last rent payment shall be prorated, based upon a three hundred and sixty-five (365) day year, to reflect the actual period of tenancy. 10. REVISION OF RENT The rent specified in Article 9 in this Lease Agreement shall be subject to automatic annual adjustments in proportion to the changes in the Consumer Price Index for Los Angeles - Anaheim - Riverside (All Urban Consumers - All items) (1982- 1984=100) promulgated by the Bureau of Labor Statistics of the United States of Department of Labor. A-7 The automatic adjustment shall be effective on each anniversary of the commencement date and shall be calculated by means of the following formula: X = Adjusted Annual Rent A = The most currently available annual (12 month period) Consumer Price Index at the time each rental rate adjustment is to become effective. B = Consumer Price Index for the year of the commencement date Notwithstanding the foregoing, in no event shall the annual rent be reduced by reason of any such adjustment. In the event that the Consumer Price Index is not issued or published for the period for which such annual rent is to be adjusted and computed hereunder, or in the event that the Bureau of Labor Statistics of the United States Department of Labor should cease to publish said index figures, then any similar index published by any other branch or department of the United States Government shall be used and if none is so published, then another index generally recognized as authoritative shall be substituted by DISTRICTS. 11. ASSIGNING, SUBLETTING AND ENCUMBERING Any mortgage, pledge, hypothecation, encumbrance, transfer, merger, sublease, or assignment (hereinafter in this article referred to collectively as llEncurnbrancell) of CITY'S interest in the Subject Property, or any part or portion thereof, shall first be approved in writing by Manager, which for purposes A-8 of this Article will be deemed the approval of the DISTRICTS, and which approval will not be unreasonably withheld. Any Encumbrance which has not been approved by DISTRICTS in writing shall be void. Occupancy of the Subject Property by a prospective transferee, subtenant or assignee before approval of the transfer, sublease, merger, or assignment by DISTRICTS shall constitute a breach of this Lease Agreement. All subleases shall be between CITY and sublessee; the entry into subleases by sublessees is prohibited and shall constitute a breach of this Lease Agreement. Should DISTRICTS consent to an Encumbrance, such consent shall not constitute a waiver of any of the terms, covenants, or conditions of this Lease Agreement or to be construed as DISTRICTS' consent to any further Encumbrance hereunder and shall be severally binding upon each and every encumbrancer, assignee, transferee, subtenant, or other successor in interest of CITY. Any document evidencing any mortgage, pledge, hypothecate, encumber, transfer, sublet, merger, or assignment of Subject Property or any part thereof shall not be inconsistent with the provisions of this Lease Agreement, and in the event of any such inconsistency, the provisions of this Lease Agreement shall control. DISTRICTS agree that they will not unreasonably withhold consent to Encumbrance, but DISTRICTS may, in any event, withhold consent at their sole discretion if any of the following conditions exist: A-9 A. The prospective Encumbrancer has not agreed in writing to keep, perform, and be bound by all the terms, covenants, and conditions of this Lease Agreement. B. All the terms, covenants, and conditions of Encumbrance, including the consideration therefor of any and every kind, have not been revealed in writing to Manager. C. CITY has not provided Manager with a copy of all documents relating thereto including, but not limited to, appraisals, if any. The annual gross receipts resulting from such Encurnbrance/s in excess of the initial $5,000 collected during each twelve month period must be shared equally by DISTRICTS and CITY. The term I1Gross Receipts" shall refer to the dollar amount of all of CITY'S total revenues, receipts, sums, subtenant rentals, charges, and all other amounts of every kind and description paid to CITY by or on behalf of subtenants. CITY shall remit to the DISTRICTS their share of the gross receipts after each twelve month Encumbrance period along with copies of any receipts, invoices, and contractual documentation regarding these gross receipts. CITY'S share of the gross receipts must only be used to offset park expenses. A-10 12. SPECIAL CONDITIONS A. The lower bench around the fenced outfall access area can be paved and used for parking. However, a portion of the parking lot must be designated and marked as access to the underground outfall and parking prohibited. The fenced outfall access area, proposed parking lot, and restricted parking area shall be shown on the CITY'S proposed site plan. B. In the event of damage to the outfalls, all or portions of the Subject Property will be used by DISTRICTS for conducting repair work as necessary. C. The final site plan and plan of development are to be approved in writing by the Manager. 13. EFFECTIVE DATE This Lease Agreement shall become effective on the date written. However, the commencement date for rent shall not be effective until receipt by CITY of written approval of the final site plan and plan of development by Manager in accordance with Article 12, herein above. 14. NOTICES All notices pursuant to this Lease Agreement shall be addressed to DISTRICTS as set forth below or as DISTRICTS may hereafter designate by written notice to CITY and shall be sent through the United States mail, in the State of California, duly registered or certified, return receipt requested with postage prepaid. If any notice is sent by registered or certified mail, as aforesaid, the same shall be deemed to have been served or A-11 delivered twenty-four (24) hours after mailing thereof as above provided. TO: DISTRICTS TO: CITY County Sanitation Districts City of Rancho Palos Verdes of Los Angeles County Director Financial Planning & Property Department of Recreation Management Section & Parks P. 0. Box 4998 30940 Hawthorne Boulevard Whittier, CA 90607-4998 Rancho Palos Verde, CA 90274 15. MEMORANDUM OF LEASE AGREEMENT This Lease Agreement shall not be recorded; only a memorandum of this Lease Agreement shall be recorded in a form as shown as l1Exhibit Ctl which is attached hereto and by reference made a part hereof. 16. ATTACHMENTS TO LEASE AGREEMENT This Lease Agreement includes the following which are attached hereto and made a part hereof: I. GENERAL CONDITIONS 11. EXHIBITS EXHIBIT A - LEGAL DESCRIPTION EXHIBIT B - PLOT PLAN EXHIBIT C - MEMORANDUM OF LEASE IN WITNESS WHEREOF, the parties execute this Lease A-12 Agreement the date and year set forth above. ATTEST : CITY OF RANCHO PALOS VERDES, A A Municipal Corp. By: PROVED AS TO FORM: City Attorney ATTEST : APPROVED AS TO FORM Knapp, Marsh, Jones and Doran COUNTY SANITATION DISTRICT NO. 2 OF LOS ANGELES COUNTY COUNTY SANITATION DISTRICT NO. By: 5 OF LOS ANGELES COUNTY Chalrpe on, Board of f ATTEST: A A-13 I. GENERAL CONDITIONS 1. TIME Time is of the essence. 2. SIGNS CITY agrees not to construct, maintain, or allow any sign upon the Subject Property except as approved by Manager. Unapproved signs, banners, flags, etc., may be removed by Manager without prior notice to CITY. 3. PERMITS AND LICENSES CITY shall be required to obtain any and all approvals, permits and/or licenses which may be required in connection with the permitted operation as set out herein. No permit, approval or consent given hereunder by DISTRICTS under their authority shall affect or limit CITY'S obligations hereunder, nor shall any this ~les or approvals or consents given by DISTRICTS, as parties to Lease Agreement, be deemed approval as to compliance or conformance with applicable governmental codes, laws, ri regulations. 4. LEASE ORGANIZATION The various headings and numbers herein, the grouping of provisions of this Lease Agreement into separate clauses and A-14 paragraphs, and the organization hereof are for the purpose of convenience only and shall not be considered otherwise. 5. AMENDMENTS This Lease Agreement sets forth all of the agreements and understandings of the parties with regard to its subject matter and any modification must be written and properly executed by all parties. 6. UNLAWFUL USE CITY agrees no improvements shall be erected, placed upon, operated, nor maintained within the Subject Property, nor any business conducted or carried on therein or therefrom, in violation of the terms of this Lease Agreement, or of any regulation, order of law, statute, bylaw, or ordinance of a governmental agency having jurisdiction. 7. INSPECTION DISTRICTS or their authorized representative shall have the right at all reasonable times to inspect the operation to determine if the provisions of this Lease Agreement are being complied with. 8. WAIVER AND INDEMNIFICATION CITY hereby waives all claims and recourse against DISTRICTS and the other County Sanitation Districts of Los A-15 Angeles County, including the right of contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or related to CITY'S exercise of the rights under this Lease Agreement except claims arising from the negligence of DISTRICTS, their officers, agents, and employees or arising from any dangerous condition of the DISTRICTS' property of which the CITY had no knowledge, actual or constructive, and which was not caused by an act or failure to act by the CITY. CITY hereby agrees to indemnify, hold harmless and defend DISTRICTS and the other County Sanitation Districts of Los Angeles County, their Boards of Directors, officers, agents, and employees against any and all claims, loss, demands, damages, cost, expenses, or liability, including the cost of defense of any lawsuit arising therefrom, arising out of the operation described herein, and/or CITY'S exercise of the rights under this Lease Agreement, except for liability arising out of the negligence of DISTRICTS and the other County Sanitation Districts of Los Angeles County, their Boards of Directors, officers, agents, or employees, or arising from the dangerous condition of DISTRICTS' property of which the CITY had no knowledge, actual or constructive, and was not caused by an act or failure to act by CITY. In the event DISTRICTS or either of them are named as co- defendant, CITY shall notify DISTRICTS of such fact and shall represent DISTRICTS in such legal action unless there is a conflict between the interests of CITY and DISTRICTS. A-16 9. TAXES AND ASSESSMENTS This Lease Agreement may create a possessory interest which is subject to the payment of taxes levied on such interest. It is understood and agreed that all taxes and assessments (including but not limited to said possessory interest tax) which become due and payable upon the Subject Property as a result of this lease or upon fixtures, equipment, or other property installed or constructed thereon by or on behalf of CITY, shall be the full responsibility of CITY, and CITY shall cause said taxes and assessments to be paid promptly. 10. CIRCUMSTANCES WHICH EXCUSE PERFORMANCE If either party hereto shall be delayed or prevented from the performance of any act required hereunder by reason of acts of God, restrictive governmental action, or other cause without fault and beyond the control of the party obligated (financial inability excepted), performance of such act shall be excused for the period of delay and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay. However, nothing in this Article shall excuse CITY from the prompt payment of any rents or other charge required of CITY, except as may be expressly provided elsewhere in this Lease Agreement and except during the period of any delay caused by DISTRICTS. A-17 11. PARTIAL INVALIDITY If any term, covenant, condition, or provision of this Lease Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired, or invalidated thereby. 12. WAIVER OF RIGHTS The failure of DISTRICTS or CITY to insist upon strict performance of any of the terms, covenants, or conditions of this Lease Agreement shall not be deemed a waiver of any right or remedy that DISTRICTS or CITY may have, and shall not be deemed a waiver of the right to require strict performance of all the terms, covenants, and conditions of this Lease Agreement there- after, nor a waiver of any remedy for the subsequent breach or default of any term, covenant, or condition of the Lease Agreement. Any waiver, in order to be effective, must be signed by the party whose right or remedy is being waived. 13. DEFAULT BY CITY AND REMEDIES A. DEFAULT The occurrence of any one or more of the following events shall constitute a default hereunder by CITY: (1) The failure by CITY to make any payment of rent or any other sum payable hereunder by CITY, as and when due, where such failure shall continue for a period of fourteen A-18 (14) days after written notice thereof from the Manager to CITY; provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure Section 1161 et seq. (2) The failure or inability by CITY to observe or perform any of the provisions of this Lease Agreement to be observed or performed by CITY, other than specified in A (1) above, where such failure shall continue for a period of thirty (30) days after written notice thereof from the Manager to CITY; provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure Section 1161 et seq.; provided, further, that if the nature of such failure is such that it can be cured by CITY but that more than thirty (30) days are reasonably required for its cure (for any reason other than financial inability), then CITY shall not be deemed to be in default if CITY shall commence such cure within said thirty (30) days, and thereafter diligently prosecutes such cure to completion. (3) In case of or anticipation of bankruptcy, insolvency, or financial difficulties: (i) The making by CITY of any general assignment for the benefit of creditors; (ii) A case is commenced by or against CITY under Chapters 7, 11, or 13 of the Bankruptcy Code, Title 11 of the United States Code as now in force or hereafter amended and A-19 if so commenced against CITY, the same is not dismissed within sixty (60) days; (iii) The appointment of a trustee or receiver to take possession of substantially all of CITY'S assets located at the Subject Property or of CITY'S interest in this Lease Agreement, where such seizure is not discharged within thirty (30) says; or (iv) CITY'S convening of a meeting of its creditors or any class thereof for the purpose of effecting a moratorium upon or composition of its debts. In the event of any such default, neither this Lease Agreement nor any interests of CITY in and to this Lease Agreement shall become an asset in any of such proceedings and, in any such event and in addition to any and all rights or remedies of DISTRICTS hereunder or by law provided, it shall be lawful for DISTRICTS to declare the term hereof ended and to remove all persons from the Subject Property, and CITY and its creditors (other than DISTRICTS) shall have no further claim thereon or hereunder. B. REMEDIES In the event of any default by CITY, then, in addition to any other remedies available to DISTRICTS at law or in equity, DISTRICT NO. 2 may exercise the following remedies: (1) DISTRICT NO. 2 may terminate this Lease Agreement and all rights of CITY hereunder by giving written A-20 notice of such termination to CITY. In the event that DISTRICT NO. 2 shall so elect to terminate this Lease Agreement, then DISTRICT NO. 2 may recover from CITY: (i) The worth at the time of award of the unpaid rent and other charges, which had been earned as of the date of the termination hereof; and (ii) The worth at the time of award of the amount by which the unpaid rent and other charges which would have been earned after the date of the termination hereof until the time of award exceeds the amount of such rental loss that CITY proves could have been reasonably avoided. (iii) The worth at the time of award of the amount by which the unpaid rent and other charges for the balance of the term hereof after the time of award exceeds the amount of such rental loss that CITY proves could be reasonably avoided but in no event shall such amount exceed the gross rent due to the DISTRICTS for the forthcoming 5 years. (iv) Any other amount necessary to compensate DISTRICTS for all the detriment proximately caused by CITY'S failure to perform its obligations under this Lease Agreement or which in the ordinary course of things would be likely to result therefrom, including but not limited to, the cost of recovering possession of the Subject Property; expenses of reletting, including necessary repair, renovation and alteration of the Subject Property, reasonable attorney's fees, expert witness A-21 costs, and any other reasonable costs, and any other reasonable costs; and (v) Any other amount which DISTRICT NO. 2 may by law hereafter be permitted to recover from CITY to compensate DISTRICTS for the detriment caused by CITY1s default. The term llrentll is used herein shall be deemed to mean the annual rent and all other sums required to be paid by CITY pursuant to the terms of this Lease. As used in subparagraphs B(1) (i) and B(1) (ii) above, the I1worth at the time of award" shall be computed by allowing interest at the maximum rate permitted by law. (2) Continue this Lease Agreement in effect without terminating CITY1s right to possession even though CITY has breached this Lease Agreement and abandoned the Subject Property and to enforce all of DISTRICTS1 rights and remedies under this Lease Agreement, at law or in equity, including the right to recover the rent as it becomes due under the Lease Agreement; provided, however, that DISTRICT NO. 2 may at any time thereafter elect to terminate this Lease Agreement for such previous breach by notifying CITY in writing that CITY1s right to possession of the Subject Property has been terminated. Nothing in this Article shall be deemed to affect CITY'S indemnity of DISTRICTS, for liability or liabilities based upon occurrences prior to the termination of this Lease Agreement A-22 for personal injuries or property damage under the indemni- fication clause or clauses contained in this Lease Agreement. No delay or omission of DISTRICTS to exercise any right or remedy shall be construed as a waiver of such right or remedy of any default by CITY hereunder. The acceptance by DISTRICTS of rent or any other sums hereunder shall not be considered as a waiver of : (i) Any preceding breach or default by CITY of any provision thereof, other than the failure of CITY to pay the particular rent or sum accepted, regardless of DISTRICTSt knowledge of such preceding breach or default at the time of acceptance of such rent or sum or, (ii) A waiver of DISTRICTSt right to exercise any remedy available to DISTRICTS by virtue of such breach or default. No act or thing done by DISTRICTS or DISTRICTSt agents during the term of this Lease Agreement shall be deemed an acceptance of a surrender of the Subject Property, and no agreement to accept a surrender shall be valid unless in writing and signed by DISTRICTS. All covenants and agreements to be performed by CITY under any of the terms of this Lease Agreement shall be performed by CITY at CITYts sole cost and expense and without any abatement of rent. If CITY shall fail to pay any sum of money, other than rent required to be paid by it hereunder or shall fail to perform any other act on its part to be performed hereunder, or to provide A-23 any insurance or evidence of insurance to be provided by CITY, then in addition to any other remedies provided herein, DISTRICT NO. 2 may, but shall not be obligated to do so, and without waiving or releasing CITY from any obligations of CITY, make any such payment or perform any such act on CITY'S part to be made or performed as provided in this Lease Agreement or to provide such insurance. Any payment or performance of any act or the provision of any such insurance by DISTRICT NO. 2 on CITY'S behalf shall not give rise to any responsibility of DISTRICTS to continue making the same or similar payments or performing the same or similar acts. All costs, expenses and other sums incurred or paid by DISTRICTS in connection therewith, together with interest at the maximum rate permitted by law from the date incurred or paid by DISTRICTS shall be deemed to be additional rent hereunder and shall be paid by CITY with and at the same time as the next monthly installment of rent hereunder, and any default therein shall constitute a breach of the covenants and conditions of this Lease Agreement. 14. COST OF SUSTAINING AN ACTION FOR BREACH OR DEFAULT In the event of a dispute between DISTRICTS and CITY concerning claims arising out of this Lease Agreement, the prevailing party in such dispute shall be entitled to recover from the other costs of prevailing in such dispute including reasonable attorney's fees, as may be fixed by the Court or the arbitrator. A-24 15. RESERVATION TO DISTRICTS The Subject Property is accepted as is and where is by CITY subject to any and all existing easements and encumbrances. DISTRICTS reserve the right to install, lay, construct, maintain, repair, and operate such sanitary sewers, drains, storm water sewers, pipelines, manholes, and connections; water, oil, and gas pipelines; telephone and telegraph power lines; and the appliances and appurtenances necessary or convenient in connec- tion therewith, in, over, upon, through, across, and along the Subject Property or any part thereof, and to enter the Subject Property for any and all purposes which are in furtherance of its public responsibilities. DISTRICTS also reserve the right to grant franchises, easements, rights of way, and permits in, over, upon, through, across, and along any and all portions of the Subject Property if necessary in the judgment of Manager for DISTRICTS to fulfill their statutory purposes. No right reserved by DISTRICTS in this Article shall be so exercised as to interfere unreasonably with CITY'S operations hereunder or to impair the security of any secured creditor of CITY. DISTRICTS agree that rights granted to third parties and reserved to DISTRICTS by reason of this Article shall contain provisions that the surface of the land shall be restored as nearly as practicable to its original condition upon the comple- tion of any construction. DISTRICTS further agree that should the exercise of these rights temporarily interfere with the use A-25 of any or all of the Subject Property by CITY, the rental shall be reduced in proportion to the interference with CITY'S use of the Subject Property on the basis of acreage. 16. HOLDING OVER In the event CITY shall continue in possession of the Subject Property after the term of this Lease Agreement, such possession shall not be considered a renewal of this Lease Agreement but a tenancy from month to month and shall be governed by the conditions and covenants contained in this Lease Agreement. 17. CONDITION OF SUBJECT PROPERTY UPON TERMINATION Except as otherwise agreed to herein, upon termination of this Lease Agreement, CITY shall re-deliver possession of said Subject Property to DISTRICTS in substantially the same condition that existed immediately prior to CITY'S entry thereon, reason- able wear and tear, damages due to flood, earthquakes, war, and any act of war, excepted. References to the termination of the Lease in this Lease Agreement shall include termination by reason of the expiration of the Lease term. 18. DISPOSITION OF ABANDONED PERSONAL PROPERTY If CITY abandons or quits the Subject Property or is dispossessed thereof by process of law or otherwise, title to any personal property belonging to CITY and left on the Subject Property 15 days after such event shall be deemed to have been A-26 transferred to DISTRICTS. DISTRICTS shall have the right to remove and to dispose of such property without liability therefor to CITY or to any person claiming under CITY, and shall have no need to account therefor. 19. QUITCLAIM OF CITY'S INTEREST UPON TERMINATION Upon termination of this Lease Agreement for any reason, including but not limited to termination, because of default by CITY, CITY shall execute, acknowledge, and deliver to DISTRICTS, within 30 days after receipt of written demand there- for, a good and sufficient deed whereby all right, title and interest of CITY in the Subject Property is quitclaimed to DISTRICTS. Should CITY fail or refuse to deliver the required deed to DISTRICTS, DISTRICTS may prepare and record a notice reciting the failure of CITY to execute, acknowledge, and deliver such deed and said notice shall be conclusive evidence of the termination of this Lease Agreement and of all rights of CITY or those claiming under CITY in and to the Subject Property. 20. DISTRICTS' RIGHT TO RE-ENTER CITY agrees to yield and peaceably deliver possession of the Subject Property to DISTRICTS on the date of termination of this Lease Agreement, whatsoever the reason for such termination. Upon giving written notice of termination to CITY, DISTRICTS shall have the right to re-enter and take possession of A-27 the Subject Property on the date such termination becomes effec- tive without further notice of any kind and without institution of summary or regular legal proceedings. Termination of the Lease Agreement and re-entry of the Subject Property by DISTRICTS shall in no way alter or diminish any obligation of CITY under the Lease Agreement terms and shall not constitute an acceptance or surrender. CITY waives any and all right of redemption under any existing or future law or statute in the event of eviction from or dispossession of the Subject Property for any lawful reason or in the event DISTRICTS re-enter and take possession of the Subject Property in a lawful manner. 21. PUBLIC RECORDS Any and all written information submitted to and/or obtained by DISTRICTS from CITY or any other person or entity having to do with or related to this Lease and/or the Subject Property, either pursuant to this Lease or otherwise, at the option of DISTRICTS, may be treated as a public record open to inspection by the public pursuant to the California Records Act (Government Code Section 6252 et seq.) as now in force or hereafter amended, or any Act in substitution thereof, or otherwise made available to the public and CITY hereby waives, for itself, its agents, employees, subtenants and any person claiming by, through or under CITY, any right or claim that any such information is not a public record or that the same is a A-28 trade secret or confidential information and hereby agrees to indemnify and hold DISTRICTS harmless from any and all claims, demands, liabilities and/or obligations arising out of or resulting from a claim by CITY or any third party that such information is a trade secret, or confidential, or not subject to inspection by the public, including without limitation reasonable attorney's fees and costs. 22. RELATIONSHIP OF PARTIES The relationship of the parties hereto is that of DISTRICTS and CITY, and it is expressly understood and agreed that DISTRICTS do not in any way or for any purpose become a partner of CITY in the conduct of CITY'S business or otherwise, or a joint venturer with CITY, and the provisions of this Lease Agreement and the agreements relating to rent payable hereunder are included solely for the purpose of providing a method by which rental payments are to be measured and ascertained. 23. EMINENT DOMAIN In the event the whole of the Subject Property shall be taken from DISTRICTS under the power of eminent domain, this Lease Agreement shall terminate as of the day possession shall be so taken. In the event that a portion of the Subject Property shall be taken from DISTRICTS under power of eminent domain, and the portion not so taken is deemed by TENANT to be inadequate for A-29 the continuation of CITYts use of the Subject Property, CITY shall have the right to terminate this Lease Agreement by notifying DISTRICTS in writing within ten (10) days after the taking of possession by the condemnor. In the event a portion of the Subject Property shall be taken under the power of eminent domain and CITY does not elect to terminate, the rent payable by CITY shall be proportionately reduced. In the event this Lease Agreement is terminated as provided in this paragraph, then all rent shall be paid up to the date that possession is taken by public authority, and DISTRICTS shall make an equitable refund of any rent prepaid by CITY and not yet earned. Each party hereto reserves the right to make claim in any condemnation proceedings against the condemnor for the fair market value of its interest in the Subject Property, and any other compensation otherwise due and payable to the respective parties hereto by virtue of the taking of such property for public use. 24. HAZARDOUS MATERIALS A. CITY shall not cause or permit any "Hazardous MaterialInn as hereinafter defined, to be brought upon, kept or used in or about the Subject Property except as specified in this Article. A-30 B. CITY shall indemnify and hold harmless DISTRICTS and the other County Sanitation Districts of Los Angeles County, their Boards of Directors, officers, employees, and agents from any and all damages, penalties, fines, costs, liabilities or losses including without limitation, diminution in value of the Subject Property, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Subject Property, damages arising from any adverse impact on marketing of space in the Subject Property or portion of any building of which the Subject Property is a part, and sums paid in settlement of claims, attorneys fees, consultant fees and expert witness fees which arise during or after the Lease term as a result of a violation of Article 24.A. This indemnification includes without limitation, costs incurred by DISTRICTS in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by federal, state or local governmental entities because of Hazardous Material being present in the soil or ground water or under the Subject Property as a result of a violation of Article 24.A. CITY shall promptly take all actions at its sole cost and expense as are necessary to clean, remove and restore the Subject Property to its condition prior to the introduction of such Hazardous Material by CITY, provided CITY shall first have obtained the approval of DISTRICT NO. 2 and the approval of any necessary governmental entities. The foregoing indemnity shall extend but not be limited to hazardous material that migrates, flows, percolates, defuses A-31 or in any way moves onto or under the Subject Property after the effective date of this Lease Agreement in violation of Article 24.A; The foregoing indemnity shall extend but not be limited to hazardous material present on or under the Subject Property as a result of any discharge, dumping or spilling (whether accidental or otherwise) on the Subject Property by CITY or their agents, employees, contractors or invitees, or by others after the effective date of this Lease Agreement in violation of Article 24.A. DISTRICTS and CITY agree that the cost of complying with such laws, statutes, ordinances or governmental regulations relating to such matters for which the DISTRICTS or either of them are or may become legally liable for which CITY is responsible as a result of violation of Article 24.A shall be paid by CITY to DISTRICT NO. 2 within thirty (30) days following the receipt by CITY of a written demand from DISTRICT NO. 2 to do so. In the event DISTRICT NO. 2 subsequently recovers or is reimbursed from a third party of all or any portion of the sums paid by CITY, DISTRICT NO. 2 shall reimburse CITY to the extent of any such recovery or reimbursement. As used herein the term vvHazardous Materialvv means any hazardous or toxic substance, material or waste which is or shall become regulated by any governmental entity, including without limitation, DISTRICTS acting under their authority, the A-32 County of Los Angeles, the State of California or the United States government. CITY agrees to comply with all statutes, orders and governmental regulations relating to said Hazardous Materials and all amendments and/or modifications thereto, whether now in effect or hereinafter enacted, for which DISTRICTS or either of them are or may become legally liable and to promptly take such remedial action or actions as may be required to place the Subject Property in compliance with such statutes, orders and governmental requirements in a manner and pursuant to plans and specifications for such work approved by Manager for which CITY is responsible as a result of violation of Article 24.A. CITY further agrees to waive any and all claims, demands, liabilities and/or obligations against DISTRICTS arising out of or resulting from the presence of such Hazardous Materials upon or within the Subject Property and hereby agrees to indemnify and hold DISTRICTS harmless from any and all claims, demands, liabilities and/or obligations arising out of or resulting from the presence of Hazardous Materials upon or within the Subject Property including without limitation reasonable attorney's fees and costs for which CITY is responsible as a result of violation of Article 24.A. 25. INSURANCE CITY agrees that during the term of this agreement it will carry a policy of public liability insurance covering the Subject Property and its use by the public which will insure A-33 DISTRICTS and CITY, and their respective officers and employees, against liability for injury to or death of persons or damage to property attributable to the use or occupancy of the property by the CITY or the public. DISTRICTS are aware that CITY is a member of the Southern California Joint Powers Insurance Authority and agrees that the'self-insurance program received by CITY through membership in said Authority meets the requirements of this Article. CITY has deposited with Manager documentation describing the insurance coverage mentioned above; a copy thereof entitled Southern California Joint Powers Insurance Authority letter dated April 28, 1989; and memorandum of Joint Liability Protection Program for the Southern California Joint Powers Insurance Authority is on file at the DISTRICTS' Joint Administrative Offices. CITY and DISTRICTS agree to the following conditions concerning the above mentioned insurance coverage: A. This insurance shall not be cancelled, limited in scope of coverage or non-renewed until after 30 days written notice has been given to the County Sanitation Districts of Los Angeles County, P.O. Box 4998, Whittier, CA 90607-4998, Attention Chief Engineer and General Manager. B. It is agreed that any insurance maintained by DISTRICTS will apply in excess of, and not contribute with, insurance provided by this policy. C. All rights of subrogation are waived against DISTRICTS and the members of their Boards of Directors, A-34 employees, and agents when acting within the scope of their employment or appointment. D. Should the self-insurance program received by CITY as a member of the Southern California Joint Powers Insurance Authority be cancelled, limited in scope or extent of coverage, non-renewed or otherwise terminated, this lease will terminate, unless CITY ceases all operations on the Subject Property as provided below and obtains equivalent insurance the extent and terms of which shall be subject to the reasonable consent of Manager, so that no operations are conducted during any lapse in coverage. E. CITY shall assure that said self insurance program shall provide, with respect to the Subject Property, coverage which is at least as extensive as that which pertains to any other City facility or property. Upon notification that CITY'S insurance coverage has lapsed, been cancelled, expired, or otherwise terminated, CITY agrees that CITY shall not operate on the Subject Property at any time the required insurance is not in full force and effect as evidenced by a certificate of insurance or official binder being in the possession of Manager. In no case shall assurances by CITY, its employees, agents, including any insurance agent, be construed as adequate evidence of insurance. CITY also agrees that upon cancellation, termination or expiration of CITY'S insurance, that DISTRICTS may take whatever steps are necessary to interrupt any operation from or on the Subject Property. A-35 CITY further agrees to waive and release DISTRICTS from any damages resulting from any interruption of CITY'S business including but not limited to, damages resulting from any loss of income or business resulting from DISTRICTS1 action relating to the cancellation, termination or expiration of CITY1s insurance policies. The procuring of such required policy or policies of insurance shall not be construed to limit CITY'S liability hereunder nor to fulfill the hold harmless provisions and requirements of this Lease Agreement. A-36 EXHIBIT "A" LEGAL DESCRIPTION That portion of Lot 1 of Tract No. 3192, as shown on map recorded in Book 44, pages 91 to 94 inclusive of Maps, in the office of the County Recorder of the County of Los Angeles, within the following described boundaries: Beginning at the intersection of the northerly line of that certain parcel of land described in deed to Standard Oil Company, recorded in Book 2024, page 325, Official Records, in the office of said County Recorder, with the southeasterly corner of Parcel Map No. 5635 as shown on map filed in Book 63, pages 77 and 78 of Parcel Maps, in the office of said recorder; thence northerly along the easterly line of said Parcel Map and continuing in a direct line to its intersection with the southerly line of Westmont Drive as shown on said Parcel Map; thence easterly along said southerly line to its intersection with the northwesterly corner of Tract No. 22922 as shown on map filed in Book 857, pages 1, 2, & 3 of said maps; thence southerly along the westerly line of said last mentioned tract to its intersection with a point in the northerly line of said mentioned certain parcel; thence westerly along said northerly line and continuing in a direct course to the point of beginning. Excepting therefrom a parcel measuring 100 feet by 100 feet square, the easterly line lying westerly and parallel 271 feet from said westerly line and the southerly line lying northerly and parallel 625 feet from said northerly line. A-37 L- - Kly Ilne Dd:OR 2024-325 Standard 011 CO. TRACT NO 31400 MB 839. 54-57 DRAWN z-/e CHECKED CITY OF RANCHO PALOS VERDES COUNTY SANITATION DISTRICT NO. 5 EXHIBIT 'B' Or LOS AMBELLS COUNTY, CALWORYIA CHARLES W. WRY - CHIEF EYOWEER WHITTIER, CALIF 8LPTEYbER, IBII SHEET 1 Of - 1 A-38 . - REOORDING REQUeSIED BY: I coum mrmo~ ~lsrrucrs OF LOS ANGELES mum 1955 WORKMAN MILL ROAD P.O. BOX 4998 WHmCA90601-(9911 WHEN RECORDED MAIL TO ABOVE ADD- Am FINANCUL PLANNING & PROPERTY MANAGEMEW SECnON I MEMORANDUM OF LEASE This MEMORANDUM OF LEASE (Memorandum) is entered into this _.I_ day of Tt~mh~r , 19 89, by and between COUNTY SANITATION DISTRICT NO. 2 OF LOS ANGELES COUNTY, hereinafter referred to as DISTRICT NO. 2, COUNTY SANITATION DISTRICT NO. 5 OF LOS ANG- COUNTY, hereinafter referred to as DISTRICT NO. 5, both of which are hereinafter referred to as DISTRICN, and CITY OF RANCHO PALOS VERDES, hereinafter referred to as CITY for the purpose of recordation in order to give constructive notice of the existence of an unrecorded document entitled LEASE AGREEMENT dated %a 19 89 by and between DISTRICTS and CITY. This Memorandum is not intended to and do not modify the Lease Agreement nor does it recite all the terms and conditions of the Lease Agreement. DISTRICTS and CITY hereby acknowledge the existence of the Lease Agreement and agree as follows: 1. Subject Property. DISTRICTS, on the terms and conditions set forth in the Lease Agreement, which terms and conditions are incorporated herein by reference, and in consideration of the rents and covenants therein provided, do hereby lease to CITY and CITY hereby rents and accepts from DISTRICTS, certain real property in the City of Rancho Palos Verdes, County of Los Angeles, State of California, which is described in "Exhibit A" and shown on "Exhibit B," which Exhibits are attached hereto and incorporated herein by this reference. 2. - Use. The Subject Property is to be used by CITY for park purposes. 2.b 3. - Term. The term of the Lease Agreement commenced -embe r 4 , 19 8% and shall continue thereafter for a period of thirty (30) years with four five (5) year options to extend. , 4. Sus~ension and Termination bv DISTRICT NO. 2. DISTRICT NO. 2 reserves the right to terminate upon six months written notice in the event DISTRICT NO. 2 or any other County Sanitation District of Los Angeles County should require the subject property for the fulfillment of their public responsibilities or such termination is necessary to protect the public health or safety and the Board of Directors of DISTRICT NO. 2 has so found. EXHIBIT "C" A-39 DISTRICTS' Manaser may immediately suspend this lease and require the CITY to immediately vacate the subject property if the DISTRICTS' Manager finds that such action is necessary to protect the public health or safety. Such suspension and order of vacation shall remain in effect only for a period of 60 days from the date of such order unless such action is, within such time, ratified by the Board of Directors of DISTRICT NO. 2. IN WITNESS WHEREOF, the parties execute this Memorandum of Lease the date and year set forth above. A'ITEST: /s/ JO PURCELL SeewsqCITY CLERK APPROVED AS TO FORM: ATTEST: ~p Secretary APPROVED AS TO FORM: KNAPP, MARSH, JONES AND DORAN District Counsel CITY OF RANCHO PALOS VERDES, A MUNICIPAL CORP. By: / s / JACK1 BACI-!ARACH MAYOR COUNlY SANITATION DISTRICT NO. 2 OF LOS ANGELES COUNTY By: Chairperson, Board of Directors COUNTY SANITATION DISTRICT NO. 5 OF LOS ANGELES COUNTY Chairperson, ~oard of Directors A-40 RECORDING REOUWIED BY: I COUKIY WAnON DlSIRlCIS OF LOS ANGELES COUNR 1955 WORKMAN MU ROAD P.O. BOX 4998 WHmER CA 90607-4998 WHEN RECORDED MAIL TO ABOVE ADDRESS ATIN: FINANCIAL PLANNING & PROPERTY MANAGEMEKT SECllON RECORDER'S OFFICE I LOS ANGELES COUNTY CALIFORNIA I MIN. ( 31 PAST. 8 AM. SEP 27 1989 I MEMORANDUM OF LEASE m- 20 This MEMORANDUM OF LEASE (Memorandum) is entered into this f_ day of September , 19 & by and between COUNTY SANITATION DISTRICT NO. 2 OF LOS ANGELES COUNTY, hereinafter referred to as DISTRICT NO. 2, COUNTY SANITATION DISTRICT NO. 5 OF LOS ANGELES COUNTY, hereinafter referred to as DISTRICT NO. 5, both of which are hereinafter referred to as DISTRICTS, and CITY OF RANCHO PALOS VERDES, hereinafter referred to as CITY for the purpose of recordation in order to give constructive notice of the existence of an unrecorded document entitled LEASE AGREEMENT dated* ?fZo 19 89 by and between DISTRICTS and CITY. This Memorandum is not intended to and do not modify the Lease Agreement nor does it recite all the terms and conditions of the Lease Agreement. DISTRICTS and CITY hereby acknowledge the existence of the Lease Agreement and agree as follows: Subiect Property. DISTRICTS, on the terms and conditions set forth in the Lease Agreement, which terms and conditions are incorporated herein by reference, and in consideration of the rents and covenants therein provided, do hereby lease to CITY and CITY hereby rents and accepts from DISTRICTS, certain real property in the City of Rancho Palos Verdes, County of Los Angeles, State of California, which is described in "Exhibit A" and shown on "Exhibit B," which Exhibits are attached hereto and incorporated herein by this reference. Use. The Subject Property is to be used by CITY for park purposes. - 2% Term. The term of the Lease Agreement commenced Septe~ber 9, - , 1982 and shall continue thereafter for a period of thirty (30) years with four five (5) year options to extend. Suspension and Termination bv DISTRICT NO. 2. DISTRICT NO. 2 reserves the right to terminate upon six months written notice in the event DISTRICT NO. 2 or any other County Sanitation District of Los Angeles County should require the subject property for the fulfillment of their public responsibilities or such termination is necessary to protect the public health or safety and the Board of Directors of DISTRICT NO. 2 has so found. A-41 EXHIBIT "A" LEGAL DESCRIPTION That portion of Lot 1 of Tract No. 3192, as shown on map recorded in Book 44, pages 91 to 94 inclusive of Maps, in the office of the County Recorder of the County of Los Angeles, within the following described boundaries: Beginning at the intersection of the northerly line of that certain parcel of land described in deed to Standard Oil Company, recorded in Book 2024, page 325, Official Records, in the office of said County Recorder, with the southeasterly corner of Parcel Map No. 5635 as shown on map filed in Book 63, pages 77 and 78 of Parcel Maps, in the office of said recorder; thence northerly along the easterly line of said Parcel Map and continuing in a direct line to its intersection with the southerly line of Westmont Drive as shown on said Parcel Map; thence easterly along said southerly line to its intersection with the northwesterly corner of Tract No. 22922 as shown on map filed in Book 857, pages 1, 2, C 3 of said maps; thence southerly along the westerly line of said last mentioned tract to its intersection with a point in the northerly line of said mentioned certain parcel; thence westerly along said northerly line and continuing in a direct course to the point of beginning. Excepting therefrom a parcel measuring 100 feet by 100 feet square, the easterly line lying westerly and parallel 271 feet from said westerly line and the southerly line lying northerly and parallel 625 feet from said northerly line. A-42 " SCALE r- 200' \I 1 \ N1~56'40'W L- - N'ly line Dd:OR 2024-325 TRACT NO 28938 Strndrrd CYi Co. YB 847, 91-100 DRAWW Zd/-8P CHECKED TRACT NO 31400 MB 839. 54-67 CITY OF RANCHO PMOS VERDES COUNTY SANITAT ION DISTRICT NO. 5 OF LOS AMBELEI COUNTY, CALIFORNIA CHARLES W. CARRY - C~EF LWIWELR WHITTIER, CAUI! 8LPTCYOLR, lea5 EXHIBIT 'B' 1 S~EET 1 or- A-43 DISTRICTS' Mana,cr may immediately suspend this lease and r%~ire the CITY to immediately vacate the subject property if the DISTRICTS9 Manager finds that such action is necessary to protect the public health or safety. Such suspension and order of vacation shall remain in effect only for a period of 60 days from the date of such order unless such action is, within such time, ratified by the Board of Directors of DISTRICX NO. 2. IN WITNESS WHEREOF, the parties execute this Memorandum of Lease the date and year set forth above. CITY OF RANCHO PALOS VERDES, A MUNICIPAL CORP. J APPROVED AS TO FORM: ATTEST: APPROVED AS TO FORM: KNAPP, MARSH, JONES AND DORAN By: COUNTY SANITATION DISTRICT NO. 2 OF LOS ANGELES COUNTY COUNTY SANITATION DISTRICT NO. 5 OF LOS ANGELES COUNTY By: A-44 PUBLIC AGENCY NOTAR1 STATE OF CALIFORNIA ) ss COUNTY OF, LOS ANGELES) Y/<,/gy , before me, the undersigned, a Notary Public / in and for said State, personally appeared known to me to be the of the City of Rancho /I u Palos Verdes and known to me to be the person who executed the within instrument on behalf of said City of Rancho Palos Verdes, and acknowledged to me that such City of Rancho Palos Verdes executed the same. WITNESS my hand and official seal. (SEAL) OFFICIAL SEAL JO PURCELL NOTARY PUBLIC - CALIFORN!A LOS 'ANGQES m My comm. emlres 1tW 2 1993 Notary Public STATE OF CALIFORNIA ) 1 88. COUNN OF LOS ANGELES) On this 13th day of September, 1989, before me, thc undarsigned, a Notary Public in and for said State, personally appeared LEONIS C. MALBURG, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument as Chairperson, and LONNY DIRKS, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument as Secretary of COUNTY SANITATION DISTRICT NO. 2 OF LOS ANGELES COUNTY, and acknowledged to me that COUNN SANITATION DISTRICT NO. 2 OF LOS ANGELES COUNTY executed it. WITNESS my hand and official seal. - CALIFORNIA Notary Public in and fo said State. p' STATE OF CALIFORNIA ) 1 88. COUNTY OF LOS ANGELES) On this 20th day of September, 1989, before me, the undersigned, a Notary Public in and for said State, personally appeared KATY GEISSERT, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument as Chairperson, and LONNY DIRKS, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument as Secretary of COUNTY SANITATION DISTRICT NO. 5 OF LOS ANGELES COUNTY, and acknowledged to me that COUNTY SANITATION DISTRICT NO. 5 OF LOS ANGELES COUNTY executed it. WITNESS my hand and official seal. ( Notary Public in and for said State. A-45