)rding ~equested by# pllelUJe(return to: Ll Craft Harbors )7 Fiji Way .na del Rey, ca ra r . TO WHOM
•••
•
NOTICE OF LEASE that on the 27th day October, of described parcel 1966# the County of land situated of Los Angeles, Craft Harbor sometimes of the County referred to as Parcel hereto
IT MAY CONCERN: take notice
Please
of Los Angeles within State
did lease the following del Rey Small hereinafter
the Marina
of California, described
12
herein LL.D., M.D., M.D., M.D.,
legally
to
in exhibit
"A" attached Burack,
and incorporated G. Cadoo, H. Haller, McBride,
Richard
B. Agee, M.D.,
Herbert
M.D •• Donald
Blair
C. Filler,
M.D., Austin P. Haller,
M.D., Theodore M.D.,
Daniels William Frederick
D. Hansen, P. McGinn,
M.D •• J. David Kirksey, LL.D •• Japk Morgan, M.D.,
C. Ronald
LL.D.,
HerbertC. Prl11wltz, M.D •• Richard
M. Rarick,
R. Paul St.Amand,
Tretheway,
LL.D., Anthony uals, under
J. Volante# M.D., and Ronald C. Woods, conditions
M.D., 'as individof lease. file of
certain
set forth 1n said indenture
The original the Clerk
of said indenture of Supervisors
is on flle ln the official of the County
of the Board
of Los Angeles.
County of Los Angeles Department of Small Craft Harbors By -.,----...-:--::-:-...•.•.. Leo Bialis, Harbor STATE OF CALIFORNIA County of Los Angeles }
88.
--..--,;o-:--~-Controller
On this day of ,. A.D. # 19 , before me, JAMES S. MIZE;-ACting Cler~of the ~oard of Supervisors or-rhe County or Los Angeles, State of California# residing therein, duly commissioned and sworn, personally appeared LEO BIALIS, known to me to be the Harbor Controller of the Department or Small Craft Harbors of the County of Los Angeles and the person who executed the within instrument on behalf of the County therein named, and acknowledged to me that such County executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year of this certificate first above written. JAMES By S. MIZE# Acting Clerk of the Board of Supervisors Deputy
.< LEA - --AJl-
,
S -- --E
THIS LEASE made this _ ..•• ';;)_(.:..._
19~~,
by the County of Los Angeles,
hereinafter
called "County," and
Richard B. Agee, M.D., Herbert Burack, M.D., Donald G. Cadoo, LL.D., Blair C, Filler, M.D., Austin P. Haller, M.D., Theodore H. Haller, M.D., Daniels D. Hansen, M.D., J. David Kirksey, M.D.] C. Ronald McBride, M.D., William P. McGinn, LL.D., Jack Morgan, LL.D., Herbert C. Prillwitz, M.D.,
Frederick M. Rarick, M.D.] R. Paul St.Amand, M.D., Richard Tretheway, LL.D., Anthony J. Volante, M.D., and Ronald C. Woods, M.D., as individuals, hereinafter called "Lessee," WITNESSETH: of the terms, conditions, and covenants
That in consideration herein contained,
to be kept and performed
by the parties hereto and the
strict, prompt and punctual performance and covenants
of each of the terms, conditions
by Lessee on his part agreed to be kept and performed,
County by these presents does lease and demise unto Lessee, and Lessee by these presents does lease, hire, and take from County the following described parcel of land, consisting of a total of 52,710 square feet
and situated in the Marina del Rey Small Craft Harbor of the County of Los Angeles, State of California, hereinafter in Exhibit sometimes referred to as IIA,l1 ttached hereto and a
Parcel Number 75 legally described incorporated herein.
TO HAVE AND TO HOLD said leased premises lease and upon terms and conditions
1.
for the term of this
as follows:
DEFINITION
OF TERMS. attached
The following words have in this lease the significance to them in this paragraph1 unless otherWise apparent "BOARD" means the Board of Supervisors Angeles. "COMMISSION" means the Small Craft Harbor Advisory
from the context:
of the County of Los
Commission
of
the County of Los Angeles. llCOUNTyll means the County of Los Angeles. l1DEPARTMENT" means the Department County of Los Angeles. l1DESIGN CONTROL BOARDI means the board appointed
!
of Small Craft Harbors
of' the
by the Board of
Supervisors
to review and approve the architectural constructed at Marina del Rey.
design and arrange-
ment of facilities
t
"DIRECTOR" Harbors means of the County "ENGINEER" The word The word The words permissive. The word aire, assignee interest means "PROPERTY" "SECTION"
; ..'
the Director the County Engineer includes
e
of the Department of Small. Craft of the County of Los Angeles. property. of this lease. and the word "MAyis
li
of Los Angeles.
both real and personal
means a section
"SHALL" and "WILL" are mandatory
"SUBLESSEEIt includes or transferee
licensee,
permittee,
concessionto any
of or from Lessee under
With respect
in the property
demised contained
this lease. shall be construed according but
Words and phrases to the context technical
herein
and the approved
usage
of the American
language,
words and phrases, meaning
and such others
as have acquired
a peculiar para-
and appropriate
by law, or are defined are to be construed meaning
in the preceding
graph of this section, peculiar,
according
to such technical,
and appropriate
or definition. tense include gender the future include the
Words used in this lease in the present as well as the present; feminine
words used in the masculine includes
and the neuter and the neuter number includes
the masculine
and femithe singu-
nine; the singular lar; the word person.
2.
the plural and the plural
Itpersonltincludes a corporation
as well as a natural
TERM. commencing upon
The term of this lease shall be sixty (60) years, CG. the first day of September, 1966.
3. PURPOSE OR USE OF PROPERTY.
The leased premises struction, include operation shall be used only and exclusively of a medical arts center, for conto and maintenance
offices
for the practice commonly
of medicine
and dentistry;
laboratoriAc of medicine of
and other facilities and dentistry;
associated
with the practice offices
and, at the option of Lessee, such as law, engineering,
for the practice except
other professions
and architecture,
that not more than thirty per cent (30%) of total floor space may be allocated for use by such other professions, incidental Whatsoever and such other related uses approved and for no the
and purposes
thereto as are specifically without the written
other purposes
approval
of County;
",
( -~, L
uses and purposes above listed are set forth to define the maximum contemplated scope of permissible uses and purposes, and their enumeration is not intended to be authorization for any specific use or purpose. that the uses of the said predo not include the following: and medical or
It is also expressly understood mises which are permitted hereinabove retail sales of merchandise
other than pharmaceuticals
dental supplies, except sundry items dispensed by vending machines. There shall be no actual construction upon said premises except con-
that required by Sections 5 and 6 hereof, and except that additional
struction allowed upon approval of Director pursuant to Section8 hereof. Lessee shall conform to and abide by all rules and regulations relating to the operations herein authorized and shall be subject at all times to applicable rules, regulations, resolutions, ordinances and the Federal and
statutes of the County of Los Angeles, State of California, Government, and all other governmental
agencies where applicable;
where permits are required for such operations the same must be first had and obtained from the regUlatory body having jurisdiction before such operation 1s undertaken. thereof
4. ACTIVE PUBLIC USE.
The ultimate object of this lease is the complete and continuous use of the premises herein demised by and for the benefit of the publiC, without discrimination being the development therefrom. as to race or religion, the immediate object and realization of the greatest possible revenue
It is agreed that said immediate and ultimate objects are Accordingly, Lessee covenants and agrees to the end
consistent and compatible.
that he will operate said premises fully and continuously
that the public may enjoy maximum benefits and County may obtain maximum revenue therefrom. In the event of any dispute or controversy relating hereto, this objects.
lease shall be construed With due regard to the aforesaid
5.
PLANS AND SPECIFICATIONS
FOR REQUIRED CONSTRUCTION.
Phase I construction (1)
shall include, but is not limited to:
A medical arts building of at least 7,000 square
feet gross floor space;
t
(2) A parking (3) Landscaping
~
.j':
'.
1 '
>
lot to accommodate
at least6 cars per
1,000 square feet of building
floor space; parking lot, and tenwesterly reserved by of
of building,
foot landscape the ten-foot the County; (4) mises.
strip along Lincoln and utilities
Boulevard easement
access and
Interim
landscaping
of remainder
of demised
pre~
Phase II construction improvements not included
shall comprise
any and all additional appli-
in the final plans and specifications
cable to Phase I. Prior to commencing after commencement Department construction and within ninety (90) days
of the term of this lease, Lessee plans and outline of the demised
shall file with specifications premises in its
six (6) sets of schematic ultimate development
for the proposed entirety
(both phases).
Such schematic generally
plans and outline accepted
specifications
shall conform community Within
to the standards
in the architectural specifications. plans and outsets of the
as standards
for schematic
plans and outline
ninety
(90) days after approval Lessee
of such schematic
line specifications, preliminary estimated hundred
shall file With Department
six (6)
plans and specifications cost of which
for said Phase I construction, Within
shall be not less than $150,000.
one plans
twenty
(120) days after approval Lessee
of Phase I preliminary
and specifications,
shall file with Department
six (6) sets of The times for for Phase II however, until pre~
final plans and specifications submitting improvements preliminary
for Phase I construction.
and final plans and specifications of Lessee;
shall be at the discretion
provided,
that no construction liminary ments
of Phase II improvements
shall commence
and final plans and specifications by County.
for said Phase II improve-
have been approved
Such final plans and specifications Standards of Construction and Architectural adopted
shall conform Treatment
to Minimum del Rey
for Marina
Small Craft Harbor and subsequent
as heretofore thereto,
by the Board
on January 1961 3, to approval by
amendments
and shall be subject
Director,
Design
Control
•
Board and Engineer. Design Control
No construction
e
shall have
begin until approved
said Director,
Board and Engineer
said final plans and specifications. of the approved plans and specifications or of with-
No modification said improvements,
including
landscaping,
shall be made by Lessee Design Control Board, and
out the prior approval Engineer. 6. REQUIRED
of said Director,
CONSTRUCTION covenants
SCHEDULE. and agrees that Within sixty (60) days for
Lessee
expressly
after the approval in Section 5, Lessee improvements laterals
of the final plans and specifications shall in good faith Gommence therein, including required
as provided of the
construction
described
and underground sewer, water With (includsaid such
for power,
light, telephone,
teleVision,
ing fire lines), approved
gas lines and landscaping,
in accordance
plans and specifications, and shall complete
and shall diligently
prosecute
construction seventy
the same not later than two hundred of the final plans and due to fire, control of Lessee by
(270) days after prOVided
the date of approval
specifications; earthquake, shall extend
that any delay in construction or other event beyond said construction must
war, labor dispute, the time in which
be completed
the length of time of such delay. Failure within of Lessee to commence or diligently prosecute said work
said time shall constitute Even though Lessee
a default
of Lessee
hereunder. those improve-
is not required
to construct
ments
designated
as Phase II, Lessee the application
agrees
that, for the sole purpose the procom-
of determining visions pleted
of full square foot rental under
of Section by August
12 of this lease,
said Phase II shall be deemed of whether
31, 1969 regardless under planning,
said Phase II construcor will not be
tion is in existence, constructed by Lessee. RENTAL
in progress,
7.
PAYMENT
SECURITY. receipt from Lessee of the sum of
rna ••••
Dollars ($
County hereby
acknowledges
WI ••••••
1IYIIft ...•• AD ./1 •••• - •......•. ---equal to six (6) full monthly This
••......•
of
'.tTl ••••••••• )
installments
square foot rental
for the demised premises.
sum shall be used and
I :~
i
One-half
of said sum shall be applied toward the payment of rent of said sum shall' be rent, and shall be is said
first accruing under this lease, and one-half retained by County as a guarantee so applied.
to cover delinquent
In the event all or any part of said sum so deposited
applied against any rent due and unpaid the Lessee shall reimburse deposit,
so that at all times during the life of this lease said depOSit Failure to maintain the full amount of said Upon forfeiture or ter-
shall be maintained. deposit mination
shall sUbject this lease to forfeiture. of this lease any portion
of said deposit due the Lessee shall
be returned. At any time subsequent to the first five (5) years of the term of
this lease Lessee may substitute quent rent a corporate
for said cash deposit to cover delin-
surety bond, issued by a surety company licensed said bond and company
to transact business in the State of California, to be in all respects deposit. satisfactory
to County, in an amount equal to said
8. ADDITIONAL CONSTRUCTION.
Lessee may, at its own expense, make or construct, made or constructed, improvements or cause to be
other than those required by Sections repairs, or changes in the leased preadditions, alterations, uses set forth in improvement,
5 and 6, additions, alterations,
mises provided such proposed
improvements,
repairs or changes are within the scope of permissible Section 3, and further prOVided addition, approval alteration, of Director.
that each specific proposed
repair, or change must first have the written Director may refuse permission improvement, addition, for the construcalteration,
tion of any proposed additional
repair or change, and hiS decision will be final. If Director approves mit plans and specifications construction said proposed to Director construction, and Engineer Lessee shall sub-
and may commence
upon receipt of written approval
thereof from Director, With such terms
Design Control Board and Engineer and conditions
and upon compliance
relating to the construction
as Director may impose.
9. LANDSCAPING.
Lessee shall, at its own cost and expense and to the satisfaction of County, install and maintain landscaping upon the demised premises.
A general
layout of proposed
landscaping
shall be submitted as part of improvements of the site.
the plans and specifications
for all proposed
This will include the landscaping
of all areas between any street and to create a pleasplans and
set back lines and such other areas as are necessary ing development of the project as a whole. of Director,
All landscaping
layout must have the approval Engineer. 10. PERFORMANCE
Design Control Board, and
AND SURETY BONDS.
Lessee shall at its own cost and expense, furnish County three (3) separate corporate County, as follOWS: (a) Within ten (10) days prior to commencement hereunder, of any surety bonds, 1n all respects satisfactory to the
construction
Lessee shall furnish a corporate
surety performance
bond, issued by a surety company licensed in an
to transact business in the State of California,
amount equal to fifty per cent (50%) of the contract price of any construction required of Lessee pursuant to Sections
5 and 6, said bond and said company to be in all respects,
including amount thereof, satisfactory to County, naming
Lessee as principal and said company as surety, and County as obligee, to assure full and satisfactory Lessee of Lessee1s obligation contained performance by
in Sections 5 and 6 and landscap-
to build, construct,
and install improvements
ing upon the demised premises. (b) Within ten (10) days prior to commencement of any
construction
hereunder,
Lessee shall furnish a corporate
surety bond, issued by a surety company licensed to transact business principal, obligee, aforesaid in the State of California, with Lessee as
and said company as suretY1 and County as in a sum equal to fifty per cent (50%) of the contract price of any construction, provisions, guaranteeing supplies,
payment for all materials, and equipment,
provender,
used in, upon, for or about the performance work or for labor done thereon of any County from, Iy and all
of said construction kind whatsoever
and protecting
liability,
loss or damages arising from failure to make In the event that Lessee employs a hereinbefore licensed
such payment.
contractor for the construction obtains from said contractor
required and similar bond or to
or contractors
bonds in like amount, in all respects satisfactory County, County, upon application naming of County as an additional
by Lessee and upon the obligee under such bond bonds ~n lieu of
or bonds, will accept said contractor1s
the bonds otherWise required by this paragraph and paragraph (a) of this Section. (c) Lessee shall furnish a corporate surety bond in •••• ), guaranteeing Dollars the removal of all
the amount of
($
•••
debris or submerged craft emanating from the premises herein demised, whether on said premises or elsewhere, which may obstruct traffic or interfere in any way with the proper use of the navigable waters of Marina del Rey Small Craft Harbor, guaranteeing tion or other termination anchorage the removal prior to the expiraof this lease, of all mooring, pilings and floats in the on the back land owned, the
and slip facilities,
water area, and all improvements operated or maintained
by
Lessee, and guaranteeing
leaving of the ground in a level and usable condition and the removal of all facilities not designated by Director to be left in place; Director shall give Lessee thirty (30) of any of the
days written notice for the performance guarantees hereinbefore (d) proVided for.
The Lessee shall have the option to deposit with cash or United States Government
the County of Los Angeles,
securities in all respects satisfactory to the County of Los Angeles in lieu of any corporate surety bonds required herein. Said cash or securities shall be deemed deposited
with the County for all the purposes enumerated herein and shall be so deposited for the benefit of the County under the same terms and conditions as set forth herein with
, t
,
"
11.
GROSS RECEIPTS. as used in this lease is defined property to be
The term "gross receipts" all money, including commissions cash, receipts, but not limited
assets,
or other things of value, sales, rentals, fees and
to, gross charges,
made or earned,
and all gross sums received sublessees, or accrued, thereof, licensees,
or earned by or conuse or or per-
Lessee and all his assignees, cessionaires, occupation, formed, whether collected
permittees
from any business, transacted
or any combination
originating,
in whole or in part, on the premises, the rendition or supplying
including
but not limited
to, rental,
of services,
and the sale of taxes applicable sublessees, or supplying shall not where
goods, wares or merchandise; thereto, licensees required
less sales and eXcise by Lessee,
to be collected
his assignees,
and permittees
in connection
With the rendering
of services include
or goods, wares
or merchandise.
Gross receipts
fees, charges
or rentals
paid to a Lessee are reported
by a sublessee
the gross receipts percentage rental
of such sublessee schedule
and subject to the
set forth in Section
13. for any overhead limitation to,
There shall be no deduction or cost or expense salaries, collection, wages, of operation,
from gross receipts such as, but without
cost of goods,
interest,
debt amortization, insurance
discount,
credit card and bad debt charges, prOVided for herein. the amount
and taxes,
except as specifically Gross receipts importer's excise
shall include
of any manufacturer's of any property
or
tax included
in the prices
or material
sold, even though the manufacturer thereof, and it is immaterial charge.
or importer
is also the retailer of such excise tax is
whether
the amount
stated as a separate Federal,
Gross receipts,
however,
shall not include
State, Municipal of whether
or other taxes collected thereof
from the consumer as a
(regardless separate agency,
the amount
is stated to the consumer to a governmental but the amount
Charge)
and paid periodically
by Lessee
accompanied
by a tax return or statement,
of such
taxes shall be shown on the books and records to be maintained.
elsewhere
herein required
\ r
12.
SQUARE FOOT AND HOLDING square foot rental
RENTALS. for the whole •••.•.• 1:11 _ •••••. of the premises here-.)
The annual in demised per square
shall be foot, or the total of
cents ($0 .•••••••••••
I'IQ ••••••
AD
./1•.•..........•. _-- Dollars ($l.,J't •••••.•. _.._ ~------_·).
Said annual square foot rental shall be paid to County installments. Said installments
,..,.. ••• ","I'
in twelve
(12) equal monthly payable in advance
shall be due and month, starting comple-
on the first day of each calendar month next succeeding
With the calendar
the date of substantial
tion of Phases I and II constructed starting With the calendar
pursuant
to Sections5 and 6, or the commencement of
month next succeeding
use by the public pursuant demised.
of any of the improvements
required
to be constructed herein
to Sections 5 and 6 or of any portion
of the premises
For the purpose tal, the determination improvements improvements
of commencing of Director
liability
for said square foot rensaid
shall be final as to whether completed or whether
have been substantially or any portion
any of said by the public.
of the premises
are being u$ed
No use by the public portions
of any of said improvements
or of any adjoining completion of
of the parcel hereby demised as determined
shall be made until
said improvements
by Director. and agreed that Lessee may desire to com-
It is further understood complete the aforesaid
improvements
in stages and to progressively of said improvements demised and
mence public adjoining pleted. opening
use of the various
portions
portions
of the parcel herein
as the same may be comcompletion and
In the event of such a program to publiC use, satisfactory completed
of progressive
to County, and opened adjusted
the annual
square foot
rental for the portions accordingly improvements
to use shall commence in the proportion that the
and shall be equitably and areas completed and area.
and opened
to the publiC use bear to of Director as to said
the whole improvement equitable adjustment
The decision
shall be final. any of the foregoing provisions, it is under-
Notwithstanding stood and agreed
that on the first day of the month of the construction of
folloWing
the date for completion
Phase I improvements,
•
,
,
,
"
as said date is established
in Section6, the bid
square foot rental shall be applicable premises which the approved
to that portion of the demised show as being
final plans and specifications with the exception
occupied by Phase I improvements, that area containing
of that portion of
the interim landscaping
on the Phase II construcIt is
tion site (said landscaping understood regardless
is part of Phase I construction).
and agreed that such rental shall be payable on said date of whether or not Phase I construction has been in fact comthe foregoing it is
pleted and/or opened to public use. understood
Notwithstanding
and agreed that on September
1,1969, the bid square foot regardless of
rental shall be applicable
to the entire demised premises,
Whether or not Phase I and Phase II construction
has been completed.
Prior to the start of square foot rental payments as in this section above prOVided for, Lessee shall pay to County each month in of one-third of the contemplated
advance a "holding rental" consisting total monthly installment 1966.
of square foot rental, starting on the first In the event of the start of proportionate completion, as in
day of September,
square foot rentals under a program of progressive
this section above provided for, the "holding rental" for that portion of the demised premises foot rental. If Director construction finds that Lessee has completed
shall be abated
thus made subject to square
his improvements
and
but cannot utilize or utility
it due to failure of the County to comshall order the abatement lines are provided, of which
plete roadways
lines, Director
all rental payments until roadways and utility in the opinion of the Director Lessee's functions. are available
for the operation
of the
If Lessee fails to commence of improvements
or diligently
prosecute
construction in
at the time agreed upon in Section6, and continues
such failure for ten (10) days, said "holding rental" one-half of the said total monthly payable monthly in advance installment
shall increase to
of square foot rental,
starting on the first day of the calendar The deter-
month next succeeding
the tenth calendar day of said failure.
mination as to Whether Lessee has failed to commence or to diligently prosecute construction shall be made by Director and Director's decision
,;
.
..
shall be final.
If Lessee's said failure to commence or diligently
pro-
secute construction
continues for a period of thirty (30) calendar days, of square foot rental shall be due and starting on the first day of the period.
the full total monthly installment
payable each month in advance thereafter
calendar month next succeeding the end of said thirty-day 13. PERCENTAGE RENTALS.
The square foot rental agreed upon in Section 12 is a minimum rental, payable in lawful money of the United States. The money received as
square foot rental for any calendar month shall be applied to the payment of the percentage rental for said calendar month as provided for in this Section 13. Within fifteen (15) days after the close of each and every calendar month of the term hereof, Lessee shall pay to County a sum in like money, less the amount of the monthly installment of annual square foot
rental previously paid for said calendar month under Section 12, equal to the total of the following for said previous calendar month: (a) TWENTY Per Cent (20%) of gross receipts from the
rental or other fees charged for the use of boat slips, anchorages, moorings, dockside gear lockers or storage space,
and such other facilities and services ancillary thereto as are provided in common to all tenants; (b) TEN Per Cent (10%) of gross receipts from the dry
storage, launching, or retrieving of small boats, and from rental of landside gear lockers or storage space; (c) SEVEN AND ONE-HALF Per Cent (7~) of gross receipts
from fees, charges or rentals for occupancy of structures including apartment units; hotel or motel accommodations, house trailers, and offices or similar space utilized for banking; financial, or investment activities; calor administrative actiVities internal cleri-
of business enterprises, or the rendering of ser-
real estate and insurance brokerage; legal; medical, engineering,
or similar professional
vices; but excepting stores; shops or other commercial establishments the gross receipts pertaining to percentage rentals and specifically to Which are SUbject required or authorized
(d)
ONE Per Cent (1%) of gross receip
• '"
t
from the sale of
new or used boats, boat trailers, house trailers and trailer cabanas; said gross receipts shall include all credits given for used items taken in trade as part payment for new items, as reflected in the bills of sale, but the trade-in allowance for a used item taken in trade may be deducted from the subsequent sale price of said used item if said used item is sold Within 120 days of the date of the bill of sale which established (e) said trade-in allowancei
FIVE Per Cent (5%) of gross receipts from boat brokmarine insurance commissions where the sale
erage and from
of insurance is conducted in conjunction with boat sales and/ or boat brokerage; (f)
TWENTY Per Cent (20%) of any commissions or fees
collected from itinerant vendors or from service enterprises based outside the demised premises; (g)
TWENTY Per Cent (20%) of gross receipts from rentals
sites and
or other fees charged for use of trailer-cabana such other facilities and services ancillary prOVided in common to all tenants; (h)
thereto as are
TWENTY-FIVE Per Cent (25%) of any commissions or
paid to Lessee for the right to install or devices, includ-
other compensation coin-operated
vending or service machines
ing pay telephones, or FIVE Per Cent (5%) of the gross receipts of any such coin-operated machines or devices owned, rented, or leased by Lessee or his sublessee; (i)
TEN Per Cent (10%) of gross receipts from the opera-
tion of a bar, tavern, cocktail lounge or other such facility engaged primarily in the on-premises sale of alcoholic bever-
ages, except that gross receipts from such facilities as are established and operated in conjunction with a restaurant or
similar food service facility on the same premises may be reported under subsection (j)j
(j) THREE Per Cent (3%) of gross receipts from the operation of food service facilities
J
including bar or cocktail or similar facility
lounge in conjunction with restaurant
when food service is the primary purposej
(k)
ONE AND ONE-HALF Cents ($0.015) per each gallon of
•
gasoline, diesel fuel or mixed fuel sold or SIX Per Cent(6%) of gross receipts of such sales, whichever is the greater;
(1) FIVE Per Cent (5%) of gross receipts from sales bya
fuel sales facility of petroleum or fuel products other than those covered by subsection (m) (k) above;
FIFTEEN Per Cent (15%) of gross receipts from club except that separate
dues, initiation fees, and assessments, assessments
(n)
for capital improvements
are exempted;
TWENTY Per Cent
(20%) of gross receipts from parking
fees; (0) TEN Per Cent (10%) of gross receipts from the rental
of boats, outboard motors, fishing tackle, and other recreation equipment and from the sale of live bait; (p) THREE Per Cent
(3%) Of
gross receipts from boat haul-
out, repair, painting, and similar activities; (q) FIVE Per Cent (5%) of gross receipts from fees,
charges or rentals from the leasing or charter of boats for a term of six (6) months or more; (r) SIX Per Cent
(6%) of
boats;
gross receipts from the opera-
tion of sportfishing (s)
ONE Per Cent (1%) of gross receipts from the sale of goods and services;
miscellaneous (t)
FIVE Per Cent (5%) of gross receipts from any and approved by Director which are not prosubparagraphs. rentals agreed to be paid by
all other activities
Vided for in the preceding
If the total of the percentage
Lessee, when computed on an annual basis for any calendar year, is less than the sum of all rental payments actually made by Lessee for said calendar year, Lessee shall be allowed credit for any amount by which the payments actually made exceed the greater of (1) the sum of the square foot rentals for the calendar year, or (2) the sum of percentage rentals agreed to be paid, computed on an annual basis for the calendar year. If any of the items, services, goods or facilities mentioned subparagraphs in
(a) through (t) of this paragraph be provided by Lessee or licensees. concessionaires or nermittees.
its sublessees. assignees.
•
assignees, licensees, concessionaires cable percentage 14. thereof paid to County. RENT RENEGOTIATION Section 504 of the Bond Resolution
•
be and permittees, and the appliTO MEET LEGAL REQUIREMENTS. described in Section46 of
without the usual charges therefor according to the price list or schedule provided for in Section 16, or iT said usual charge be not collected in full, the proper amount thereof shall nevertheless
included in the gross receipts reported by Lessee and its sublessees.
this lease requires that each lease provide that the square foot rentals and percentage rentals be subject to increase if and when the Board of Supervisors shall find and determine that such increase is under the terms
required to permit the County to meet its obligations of said Bond Resolution. In the event that the Board of Supervisors
determines
that it
is required to increase rentals to meet its obligations under the Bond Resolution, it may increase the square foot rentals and percentage ren-
tala provided for in this lease to the extent required to meet said obligations, except that the Lessee shall bear no more than his propor-
tionate share of the total increase required to meet said obligations as reasonably determined by the Director, and, in any event. the amount of any such increase shall not exceed ten per cent (10%) of the previously existing square foot rentals and percentage rentals. Rental increases under this section shall not be made during the first five (5) years of the term hereof nor more often than every ten (10)
years thereafter. 15. GENERAL RENT RENEGOTIATION AND ARBITRATION.
Except as provided in Section 14, the square foot and percentage rentals hereinbefore the first t•• provided for shall apply and be in effect for years of the term hereof. At the end year
t,...(11)
of said period, and at the end of every period thereafter, hereinafter.
'In (10)
the said rentals shall be readjusted as prOVided
Such rentals shall be readjusted by Lessee and County, in accordance with standards of and for fair market value hereinafter forth, at some time not more than nine (9) months and not less than set
six (6) Lessee same
months
before
the beginning agree upon
of each
such period,
in the event the
and County shall
cannot
the readjustment of three (3)
of rentals,
be determined one of whom by the two
by a board shall
real estate one by Lessee,
appraisers,
be appointed
by County,
and the third
(2) appraisers not been above
so appointed. by mutual County agreement give to
If the rentals within Lessee the three-month a written
have
readjusted prescribed,
period
shall
notice
demanding
submission
of any unresolved
issues to (15)
to said board
of real
estate
appraisers on behalf
and nominating of County.
the person fifteen its real If either
act as real estate days from
appraiser
Within
the service
of such notice County
Lessee
shall appoint
estate party
appraiser shall
and notify notified
of such appointment. in writing JUdge
not have
the other
of the appointment of the Superior of Los Angeles, appraiser so
of its real estate Court shall, of the State upon request
appraiser,
the Presiding in and
of California, of either
for the County
party,
appoint
the real estate
for the party chosen within shall ten
so in default. be unable
If the two (2) real estate upon the third real
appraisers appraiser
to agree
estate
(10) days after the third Judge real
the appointment estate appraiser Court estate upon
of the second shall
real estate by the party. by
appraiser, Presiding Any
be appointed of either shall
of said Superior of real
request
vacancy
on the board or which filled
appraisers appointment
be filled
the party place.
who
made
the original
to the vacant of
If notso
within
ten (10) days shall
from the commencement by the said
said vacancy, Presiding
the vacant upon
position
be filled party. shall,
Judge
request
of either
The Board appointment determine thereof majority
of real
estate
appraisers upon
immediately
upon
the ~nd
of its members, the amount
enter
the discharge and notify
of its duties the parties A
of readjusted sixty
rentals
in writing
Within
(60) days after who agree
its appointment. thereto may
of the real
estate
appraisers
readjust of the
such rentals,
such readjustment value of this
to be based upon lease, taking
a determination
the fair market uses permitted
into consideration conditions, and
thereunder
and all of its terms,
restrictions, and data
franchise
value,
earning
power.
and all of the factors to be considered the laws of that at all shall be in
relating
to such value
required
or proper
determining eminent times
the fair market in the State
value
of leaseholds also
under
domain during
of California;
provided
the term that
of th1.s lease
the total demised required to meet
of such rentals shall produce
in such amount
the property
hereby
at least Code of Board
its proportionate Section County 26360 under
share
of the revenue required Bond
by Government the obligations
and the revenue that certain
Revenue
Resolution
of the County
of Supervisors renegotiation mum rental
referred
to in Section
46; and, notWithstanding
of this Section be lower than
the
and arbitration this lease
provisions shall never
15. the miniof
under
the product
,ta cents --------------~~_multiplied the event notice by the square said real feet of the leased appraisers estate
($•• 1•••••••••••••••••••
land and water area. In
fail to determine rentals shall within sixty
and give (60) days. a
of the amounts of real
of readjusted appraisers
new board
estate
be appointed
in the manner
hereinbefore
If
prescribed. said readjusted the beginning shall rentals shall not be finally the same
for any reason until after
determined must rate
of any period
for Which
be readjusted, as a credit
Lessee
continue
to pay rentals
at the former when as the and
against
the amount
of the readjusted that the amount the beginning made and
rentals fixed
finally
determined; rentals
provided, shall shall
however, from
readjusted proper former the two borne real
accrue be made
of said period by Lessee expenses at the of each shall
adjustment rates
for payments The costs appointed Costs
during
said interim. apprai~ers
of be
(2) real
estate
by the parties
by the party estate 16.
so appointing. shall
and expenses between
of the third the parties.
appraiser
be equally
diVided
CONTROLLED
shall
PRICES.
times maintain a complete list or schedule
Lessee of the prices thereof, whether
at all
charged
for all goods
or services.
or combinations hereby demised,
supplied
to the public supplied
on or from
the premises
the same are
by Lessee
or by its sublessees. Or licensees.
assignees,
concessionaires.
permittees
•
Said prices shall be fair and reasonable, based upon the following two (2) considerations: First, that the property herein demised is intended to serve a public use and to provide needed facilities to the public at fair and reasonable cost; second~ that Lessee is entitled to a fair and reasonable return upon his investment pursuant to this lease. In the event that Director notifies Lessee that any of said prices are not fair and reasonable, Lessee shall have the right to confer With Director and to justify said prices. If, after reasonable
conference and consultation, Director shall determine that any of said prices are not fair and reasonable, the same shall be modified by permittees or
Lessee or its sublessees, assignees, concessionaires, licensees, as directed. The Lessee may appeal the determination
of the Director to the
Board of Supervisors, whose decision shall be final and conclusive. Pending such appeal, the prices fixed by the Director, shall be the maximum charged by the Lessee. 17. MONTH TO MONTH TENANCY.
If Lessee holds over after the expiration of this lease for any cause, such holding over shall be deemed to be a tenancy from month to month only, at the same rental per month and upon the same terms, conditions, restrictions and provisions as herein contained. Such holding over shall include any time employed by Lessee to remove machines, appliances and other equipment during the thirty-day period hereinafter 18. prOVided for such removal. OF INSTALLATIONS OR IMPROVEMENTS.
DISPOSITION
Title to all structures, bUildings or improvements constructed by Lessee upon the demised premises, and all alterations, additions, or betterments thereto, shall remain in Lessee until termination of
this lease; and upon such termination, whether by expiration of the term hereof, cancellation for good cause, forfeiture, or otherwise, title to said structures, buildings, improvements and all alterations, additions or betterments thereto, and all improvements made to or upon
said premises, shall, at the option of County, vest in County without
compensation improvements part thereof.
therefor to Lessee, and said structures, bUildings, and shall remain upon and be surrendered with the premises as Nothing contained herein shall be construed to deny or
abrogate the right of Lessee to recei.ve any and all proceeds which are attributable improvements, to the taking in eminent domain of business installations, structures and bUildings belonging to Lessee immediately
prior to the taking of possession by the condemning authority as said rights are set forth in Section 43 of said lease. However, in the event of termination Or expiration of this lease, the County may require the Lessee to remove, at the sole cost and expense of Lessee, and not later than the termination or expiration date, all works, structures and improvements of any kind Whatsoever placed or maintained on said premises, whether below, on, or
above the ground by Lessee or others, including, but not limited to, wharves, piers, docks, slips, bulkheads, seawalls, piling, channels, concrete foundations, structures and buildings; and Lessee shall, upon the expiration of this lease, immediately restore, and quit, and peace-
fully surrender possession of, said premises to County in at least as good and usable condition, acceptable to the Director, as the same were in at the time of first occupation thereof by Lessee or others, ordinary wear and tear excepted, and shall, in any event, leave the surface of the ground in a level, graded condition, with no excavations, holes, hollows, hills or humps. Should Lessee fail to so
remove said structures, buildings and improvements and restore said premises, County may sell, remove or demolish the same, in event of which sale, removal or demolitj.on Lessee shall reimburse County for any cost or expense thereof in excess of any consideration County as a result of such sale, removal or demolition. Prior to such termination Lessee shall remove at its cost and expense such machinery, appliances or fixtures as are not firmly affixed to said structures, buildings and improvements; should Lessee received by
fail to so remove said appliances or fixtures prior to such termination, Lessee shall lose all right, title and interest in and thereto, and County may elect to keep the same upon the premises or to sell,
•
remove, or demolish the same, in event of which sale, removal or demolition Lessee shall reimburse County for any cost or expense thereof in excess of any consideration sale, removal or demolition. Title to all utility lines, sWitchboards, and all other service facilities constructed transformer vaults received by County as a result of said or installed by Lessee or upon the demised premises shall vest in County upon construction installation.
19. PLACE OF PAYMENT AND FILING.
All rentals shall be paid to and all statements and reports herein required shall be filed With Department. Checks, drafts and
money orders shall be made payable to the County of Los Angeles. 20. SERVICE OR WRITTEN NOTICE OR PROCESS. or is
If Lessee is not a resident of the State of California, an association
or partnership Without a member or partner resident of Lessee shall file With
said state, or is a foreign corporation, Department a designation
of a natural person residing in the County of giving his name, residence, and busi-
Los Angeles, State of California,
ness address, as the agent of Lessee for the service of written notice or for service of process in any court action between Lessee and County, arising out of or based upon this lease, and the delivery to such agent of written notice or a copy of any process in such action shall constitute a valid service upon Lessee. If for any reason service of such written notice or of such process upon such agent is not possible, then Lessee may be personally served with such written notice or process outside of the State of California and such service shall constitute valid service upon Lessee; and it is further expressly agreed that Lessee is amenable to such process and submits to the jurisdiction of the court so acquired and
waives any and all objection and protest thereto. Written notice shall be deemed sufficient if said notice is deposited in the United States mail, postage prepaid, addressed to Lessee at the premises above described or to such other address that Lessee may in writing file with Directorj provided, however, that
nothing herein contained shall preclude or render inoperative
service
of such notice upon the Lessee in the manner prescribed by law.
21. DEFAULT,
This lease is made upon the condition that if the rents or other other sums which Lessee herein agrees to pay, or any part thereof, shall be unpaid on the date on which the same shall become due, or if other default be made in any of the terms. agreements. conditions. or
covenants herein contained on the part of Lessee. or should Lessee abandon or cease to use the premises for a period of thirty (30) days at anyone time. except when prevented by fire, earthquake, strikes or
other calamity beyond its control, then and in such event. at the option of County as eVidenced by resolution of Board. this lease shall be forfeited, and County may exercise all rights of entry and re-entry upon the demised premises and may operate for its own and sole benefit said premises and all improvements thereon. Lessee shall not be considered in default as to any provision of this lease when such default is the result of, or pursuant to, any process, order or decree of any court or regUlatory body of competent jurisdiction, In the event Lessee is in default hereunder in the payment of rent or other sums prOVided to be paid by Lessee, no default with respect thereto shall be declared by the County until after the expiration of ten (10) days written notice to Lessee to cure such default, In the event Lessee shall default in keeping, observing or performing any of the other covenants, conditions, provisions or agreements herein required to be kept, observed or performed by Lessee, County shall give written notice of such default to Lessee and Lessee shall have thirty (30) days after service of said notice in which to cure, remedy and correct said defaUlt, or in which to commence and diligently pursue the performance of the thing or work required to be Should Lessee fail to
done to cure, correct and remedy said default,
so cure, remedy and correct said default, or commence and diligently pursue such corrective or remedial action within and during said thirty (30) day period, County shall have the right to forfeit this
lease as proVided in the first paragraph of this section.
••
Notwithstanding any remedy terminate available this lease any of the foregoing, to it for breach nor declare hereunder thereof County shall not exercise not of by Lessee and will because the same to be forfeited on the part notice of Lessee any default County shall or breach have unless and until given a written of such default of trust or defaults to any beneficiary gagee under or trustee under a deed or to any mortor any part the notice to any mortgage notice affecting be sent the demised premises with
thereof. the Lessee
Said
shall
simultaneously paragraph.
referred mail,
to in the preceding postage or each prepaid, of them
It shall
be sent benefi-
by registered ciary County
addressed shall
as the trustee,
or mortgagee
from time to time instruct addressed as shown said on
or, in the absence of trust
of such instructions, After receipt
the deed trustee,
or mortgage. or mortgagee
of said notice, referred have
beneficiary
(hereinafter of them,
to collectively the right and are
as "encumbrance power cured, defaults to cure this may (a)
holdeI'll), or each the defaults shall
shall
specified
and if all of said defaults force manner: of rental, taxes, sum and effect. Said
lease
remain
in full
be cured
in the following
If said default insurance of money, County
be in the payment utility
premiums,
charges, holder
or any other
said encumbrance proper
may pay the same to thirty-five notice (35)
or other
payee
within
days after
mailing
of the aforesaid holder.
of default to
to said encumbrance County Lessee County
If, after holder
any payment the
by the encumbrance pays shall the
as aforesaid, thereof
same or any part refund
to County, to
promptly holder.
said payment
encumbrance (b)
If said breach graph money (i) (a) above
be other
than as specified be cured
in subparaof
and cannot
by the payment be cured if
as aforesaid, within
the default (35)
shall
thirty-five
days
after
the mailing holder by
of the said notice County
to encumbrance holder
said encumbrance
commences
•
foreclosure by judicial action or trust deed sale of its encumbrance (said 35-day period shall be extended by the time in which encumbrance holder is prevented from commencing foreclosure by any order, judgment or decree of any court or regUlatory body of competent jurisdiction, but such extension shall not extend beyond a period of 100 days from the effective date of said order, judgment or decree); and (ii) said foreClosure action is prosecuted With reasonable diligence; and (iii) within thirty-five (35) days after such fore closure sale the purchaser thereat (whether or not such purchaser is the encumbrance holder) cures, remedies and corrects said default, or commences and diligently pursues the performance of the thing or work required to be done to cure, correct and remedy said default. Notwithstanding any of the foregoing, and in the event County declares the lease forfeited and secures possession under the provisions of this paragraph, the encumbrance holder, within sixty (60) days of such forfeiture and securing of possession, may request and receive a lease covering the premises subject to his encumbrance and running to said encumbrance holder and his successors and assigns. Said lease shall have the same provisions and conditions as this lease, except to the extent that any provisions of this lease are, through the passage of time or for other reasons, obviously inapplicable. Said lease shall have a term that shall commence upon the date of the County's securing possession of the premises demised herein and said lease shall terminate on the termination date of this lease. The
County shall deliver possession of the property immediately upon the execution of said new lease. The encumbrance holder shall, however,
pay County the amount of ground or holding rentals due under this
•
lease on and after the date County has secured possession less any net rentals or other income which County may have received on account of said property during the time County may have been in possession of the premises. In addition, the encumbrance holder shall pay any and all rentals unpaid by Lessee under the original lease at the time of forfeiture thereof. However, said encumbrance holder shall be liable only for that proportionate amount of rent attributable to that portion of the demised premises covered by his encumbrance. In addition,
said encumbrance holder shall also pay any and all taxes, current or delinquent, that have been levied or assessed against that portion of the demised premises covered by its encumbrance.
22.
SUBLEASE, ASSIGNMENTS AND SUCCESSORS.
At least thirty (30) days written notice of intention to sublet portions of the demised premises to others shall be given to Director. During said thirty day period, Director shall approve or disapprove said proposed sublease. In the event of disapproval, said proposed The gross receipts of any sublessee under
sublease shall not be made.
any such sublease shall be included within the definition of "Gross Receipts" as set forth in Section 11. Any and all sublessees shall be
subject to and bound by each and all of the terms and conditions of this lease and in particular those pertaining to control of prices pursuant to Section 16. The term "sublease" as used in this paragraph
shall include any license, permit, concession, assignment or transfer of any interest in or to said property by Lessee, and the term "sublessee" shall include any licensee, permittee, concessionaire, assignee or transferee of or from Lessee. Lessee may, without prior
approval of Director, sublease portions of the demised premises {including, but not limited to, single residential units, boat slips, and dry storage racks) for a period not to exceed one year, for indivi dual nonbusiness, noncommercial uses. Lessee may at any time request
approval by the Director of a plan to sublease specific residential units for stated periods in excess of one year. No condominium or co-
operative dwelling plan of any kind shall be employed Without the approval of Director.
•
Lessee fer, mortgage, interest bona may fide execute under may. with the consent grant and of the County. give, assign, Lessee's to a transhypothecate, this lease control of, or encumber estate the leasehold so created, estate, therewith lender on the security of the leasehold in connection and Lessee necessary therefor have the is to any and all instruments to complete and proper be given right such loan and perfect Any such bona fide the security lender shall to such lender.
at any time during force (a) and effect:
the term of the loan and while
this
lease
in full
To do any act or thing prevent all a forfeiture
required
of Lessee rights shall
in order
to and
of Lessee's So done
hereunder
such acts
or things
prevent
a forby
feiture Lessee. (b)
of Lessee's
rights
hereunder
as if done
To realize to acquire under lieu
on the security and succeed
of the leasehold
estate
and
to the interest
of Lessee
herein
by foreclosure of foreclosure to convey. to said
or by a deed and thereafter
or assignment at such
lender's or
option title
assign,
or sublease estate
the interest person to
leasehold that
to any other
provided, perform
however,
said person
shall agree terms, Two
and be bound
by any and all in this security
conditions (2)
and covenants copies shall date
contained
lease. devices
of any and all be filed With
or instruments
Director
prior
to the effective Director prior thereto. proassign, or
thereof, notice
and Lessee
shall give
written Except Vided, Lessee
of any changes Section either
or amendments
as in this shall not.
22 specifically directly or grant therein, or license lease
hereinbefore give.
or indirectly control
hypothecate, any interest. portion whole
encumber, right
transfer,
of this lease the whole
or privilege premises this
or sublet the use
or any
of the demised
of the same in therein shall
or in part.
Neither
nor any interest
be assignable,
or transferable
in proceedings
in attachment.
•
garnishment, or execution against Lessee, or in voluntary or involuntaken by tary proceedings in bankruptcy or insolvency or receivership or against Lessee or by any process of law, and possession of the whole or any part of the demised premises shall not be divested from Lessee in such proceedings or by any process of law, without written consent of County. Any violations of the provisions of this paragraph shall give County the right to terminate this lease immediately and without any of the notices required in Section 21 above. The holder of a trust deed, or any other bona fide lender, shall not be required to cure any default or breach if said holder or lender is unable to secure possession of the property and if it is necessary for him to have possession in order to cure the default or breach. In the event that a period of time is necessary in order for
the holder of a trust deed or any other bona fide lender to completely cure a default or breach, then he shall not be in default so long as he exercises diligence in the curing of such default or breach. The holder of a deed of trust or any other bona fide lender shall have all of the rights with respect to the demised premises as set forth in the deed of trust or mortgage or other lending document approved by the County as herein set forth, including the right to commence an action against the Lessee for the appointment of a receiver and to obtain possession of the demised premises under and in accordance With the terms of said deed of trust, mortgage or other lending instrument. Each and all of the provislons, agreements, terms, covenants
and condltlons herein contained to be performed, fulfilled, observed and kept shall be blnding upon the heirs, executors, administrators, successors and assigns of the respective parties hereto, and all rights, privileges and benefits arising under this lease and in favor of either party shall be available in favor of the heirs, executors, administrators, successors and assigns thereof respectively; prOVided,
that no assignment or subletting by or through Lessee in violation of the provisions of this lease shall vest any rights in any such assignment or sublease.
·~
•
or more of the
23.
LIENS.
At least ten (10) days prior to commencement of construction, Lessee shall furnish County with written notice of intention to commence construction so that County may post upon premises hereby
demised a notice of non-responsibility. 24. WAIVER OF CONDITIONS OR COVENANTS.
Any waiver by County of any breach of anyone
covenants, conditions, terms and agreements of this lease shall not be construed to be a waiver of any subsequent or other breach of the same or of any other covenant, condition) term or agreement of this lease) nor shall failure on the part of County to require exact full and com-
plete compliance with any of the covenants, conditions) terms or agreements of this lease be construed as in any manner changing the terms hereof or estopping County from enforcing the full provisions hereof, nor shall the terms of this lease be changed or altered in any manner whatsoever other than by written agreement of County and Lessee. No
delay, failure, or omission of County to re-enter the demised premises or to exercise any right, power, privilege or option, arising from any default, nor any subsequent acceptance of rent then or thereafter
accrued shall impair any such right, power, privilege or option or to be construed as a waiver of or acquiescence relinquishment of any right. in such default or as a
(No notice to Lessee shall be required
to restore or revive "time of the essence" after the waiver by County of any defaUlt.) No option, right, power, remedy, or privilege of
County shall be construed as being exhausted by the exercise thereof in one or more instances. The rights, powers, options and remedies given County by this agreement 25. shall be cumulative. PROPERTY INSURANCE.
Throughout the term of this lease and during Lessee's occupancy of the demised premises, Lessee, at its own cost and expense, shall insure against loss of or damage to all buildings, structures, eqUipment and improvements thereon, resulting from fire, lightening, vanda-
lism, malicious mischief, and those risks ordinarily defined in "extended coverage."
·."
.~
•
insured; upon the occurrence of any loss the
Such insurance shall be in an amount equal to 90% of the full replacement value of said bUildings) structures) equipment and improvements) and shall be placed and maintained with such insurance company or companies and in such form as shall be satisfactory to County. All such insurance policies) along with their endorsements, shall name County assn
proceeds of such insurance shall be held by County in trust for the named insureds as their interests appear. In the event of such loss
Lessee shall be obligated to rebuild or replace the destroyed or damaged bUildings, structures, equipment and improvements to the full satisfaction of County. Said obligation to rebuild or replace is not County shall reimburse
dependent upon the eXistence of insurance.
Lessee for said rebuilding or replacement out of and to the full extent of the proceeds of said insurance as payments are required for said purposes. replacement Any surplus or proceeds after said rebuilding or
shall be distributed to the named insureds as their
interests appear. Duplicate policy or policies evidencing such insurance coverage, in such form as shall be acceptable to County, shall be filed with Director prior to the commencement of construction of such improve-
ments, and such policy or policies shall prOVide that such insurance coverage will not be cancelled or reduced without at least thirty (30) days prior written notice to Director. At least thirty (30) days
prior to the expiration of any such policy, a certificate
shoWing that
such insurance coverage has been renewed shall be filed with Director.
26.
INDEMNITY
CLAUSE AND CASUALTY INSURANCE.
Lessee shall at all times relieve, indemnify, protect and save harmless County and its Boards, offlcers, agents, and employees from any and all claims and liability, including expenses incurred in defending against the same, for the death of or injury to persons or damage to property, including owned or controlled by or in
the possession of County, any of its officers, agents or employees, that may in whole or in part arise from or be caused by (a) the operation, maintenance, use or occupation of the herein demised premises by
••
Lessee, officers, observe (b) the acts, employees and abide omissions or permittees, by any of the terms rule any applicable Lessee law, ordinance, indemnify, officers, to so relieve, each of its Boards, periods officers, termination Lessee of this injury Hundred Thousand and Fifty damage; members lease, of occupancy employees of this
..
or negligence
•
of Lessee, its agents, to or of and any of Lessee of this or conditions lease the obligation County, during and save harmless shall continue its agents, or other
or (c) the failure
or regulation;
protect
and employees,
or of holding or permittees, lease.
over by Lessee, beyond
the expiration
shall maintain comprehensive damage
in full general liability
force
and effect
during with
the term bodily
liability limits
insurance
and property Thousand Dollars Thousand
of not
less than One Hundred injury
Dollars
($100,000)
per person
and Three
($300,000) Dollars agrees
per occurrence ($50,000)
of death
or bodily of property
per occurrence its Board
and Lessee thereof, shall policy
that County,
of SuperVisors agents such and
and
and County's be named
and Board's
officers, insureds
employees, insurance
as additional
under
liability
or policies. policy within eVidencing ten such insurance coverage shall be
A duplicate filed lease with Director
(10) days entry
of the execution the premises such insurance thirty
of this herein coverage (30) days to
by County and
and prior
to any shall
upon that
demised, shall prior
said policy
prOVide
not be cancelled written notice of any has been
or reduced to Director. such policy, renewed
Without
at least thirty shOWing shall
At least a policy
(30) days prior that
the expiration ance coverage
such insurwith Director.
or extended insurance
be filed
The amounts shall manner be subject
of casualty
by this Section
required
to renegotiation of rent
at the same time and in the same
as the amounts
hereunder.
27.
WORKMAN'S
shall
COMPENSATION
INSURANCE.
during the term of this lease,
Lessee in an amount Compensation
maintain
in force
and With Insurance.
coverage
satisfactory
to Director,
Workman's
A certificate
eVidencing
such insurance
•
coverage herein shall demised. be filed with Director prior to entry upon the premises
28.
FAILURE TO PROCURE INSURANCE.
of failure on the part County of Lessee may, to procure or renew procure
In case the herein or renew therewith to County
required
insurance,
at its discretion,
such insurance and all monies upon demand.
and pay any and all premiums so paid by County shall
in connection by Lessee.
be repaid,
29.
Lessee assessments, State, in this
TAXES AND ASSESSMENTS.
agrees to pay before which delinquency at any all lawful taxes, by the
fees or charges or any
time may
be levied
County lease
tax or assessment right
levying which
body upon
any interest in or to by reason
or any possessory covered hereby
Lessee
may have thereon
the premises of its use assessments, ances,
or to the improvements or otherwise,
or occupancy
thereof
as well
as all taxes, fixtures, appli-
fees and charges and property
on goods, owned
merchandise,
equipment
by it in, on or about
said premises.
30.
ACCOUNTING RECORDS.
to determine the amount Lessee months of and provide at all times keep, true, for the payment dUl'ing the term or cause accurate to be and to
In order of the rental of this kept, lease,
due hereunder, and for twelve
shall
thereafter,
locally, records
to the satisfaction and double-entry relative
of Director, books
complete
of account,
such records
show all transactions supported sales by documents
to the conduct entry
of operations,
and to be limit to,
of original tapes,
such as, but without invoices. registers
slips, All
cash register shall
and purchase by means
sales
be recorded of each
of cash
which a
publicly customer's Said cash
display receipt
the amount or certify shall Which
sale and automatically recorded
issue
the amount cases
in a sales sales
slip. totals and
registers counters case,
in all
have
locked-in
transaction not,
are constantly
accumulating thereto, and
and which a tape
canlocated are
in either
be reset, on which
and in addition numbers
Within
the register Beginning of daily
transaction
sales
details
imprinted. a matter
and ending
cash register
readings
shall
be made
record.
••
No later render to County than the 15th day of each a detailed month, statement together showing with the preceding County calendar as elsewhere of amount herein provided, and shall remittance so shown to be due. hereinabove Books or made of account and records
•
calendar gross month, Lessee shall receipts during to the amount accompany payable same with required shall be kept as premises shall or at such other have the right location
available
at the demised
is agreeable reasonable restriction the monthly demised
to County, times
and County
at any and all without and of of the
to examine
and audit
said books
and records
for the purpose statements
of determining receipts
the accuracy derived
thereof
of gross
from occupancy
premises. County may require the installation Which YEAR. year" as used herein months, shall mean a period year lease the of any additional it deems accountnecessary.
ing methods 31.
or machines ACCOUNTING
in its sole discretion
The term of twelve commencing and ending beginning period
"accounting
(12) consecutive concurrently
calendar
the first
accounting
with
the beginning
of the term of this calendar month year"
on the last day of the twelfth of said term; thereafter the
following shall
"accounting months.
be each
of twelve 32. COST
(12) consecutive OF AUDIT. Lessee does
calendar
In the event records ritorial necessary location and books limits
not make
available premises
its original or within agrees the ter-
of account
at the leased
of the County incurred
of Los Angeles,
Lessee
to pay all at the
expenses where
by County and books
in conducting of account
any audit
said records BY COUNTY.
are maintained.
33.
ENTRY and
County enter upon
its duly authorized premises
representatives
or agents times
may duror
said demised of this
at any and all reasonable of determining
ing the term not Lessee any other
lease
for the purpose the terms
whether
is complying purpose
with
and conditions of County.
hereof,
or for
incidental
to the rights
••
34. RIGHT OF ENTRY AS AGENT.
re-entry upon the demised premises,
..
In any and all cases in which provision is made herein for termination of this lease, or for exercise by County of right of entry or or in case of abandonment or vaca-
tion of the premises by Lessee, Lessee hereby irrevocably
appoints
County the agent of Lessee to enter upon the demised premises and remove any and all persons and property whatsoever situated upon the
demised premises and place all or any portion of said property, except such property as may be forfeited to County, in storage for the account of and at the expense of Lessee. In such case County may relet the premises upon such terms as County may deem fit, and if sufficient sum shall not be thus realized, after paying the expenses of such reletting and collecting, to satisfy
the rent and other sums herein reserved to be paid, Lessee agrees to pay any deficiency, collecting. Lessee hereby exempts and agrees to save harmless County from any cost, loss or damage arising out of or caused by any such entry or re-entry upon the demised premises and the removal of persons and property and storage of such property by County and its agents. and to pay the expenses of such reletting and
35.
MAINTENANCE
OF PREMISES.
Lessee shall give prompt notice to County of any fire or damage that may occur from any cause Whatsoever. Lessee shall, to the satis-
faction of Director, keep and maintain the leased premises and all improvements of any kind which may be erected, installed or made
thereon by Lessee in good and substantial repair and condition, including painting, and shall make all necessary repairs and alterations thereto. County shall not at any time be required to make any improvements Or repairs Whatsoever discretion except that County may at its sole filling, grading, slope protect-
do any necessary dredging,
ing, construction facilities,
of sea walls, or repair of water system, sewer
roads, or other County facilities in order to protect the premises.
leased premises or the adjoining
Lessee expressly agrees to maintain the leasehold in a safe, clean, wholesome and sanitary condition, to the complete satisfaction of Director and in compliance With all applicable laws. Lessee fur-
ther agrees to provide proper containers for trash and garbage and to keep the demised premises, both land and water areas thereof, free and clear of rubbish and litter. County shall have the right to enter
upon and inspect the said premises at any time for cleanliness and safety.
36.
REPAIRS
BY COUNTY.
Lessee shall from time to time make any and all necessary repairs to or replacement of any equipment, structure, structures, or
other physical improvements, upon the demised premises, in order to comply with any and all regulations, of California, laws or ordinances of the state
County of Los Angeles or other governmental body, which
may be applicable. If Lessee fails to make any such repairs or replacements as required, County may notify Lessee of said default in writing, and should Lessee fail to cure said default and make said repairs or replacements within a reasonable time as established by County, County may make such repairs or replacements and the cost thereof, including, but not limited to, the cost of labor, materials and equipment, shall be charged against Lessee and shall become a part of the rental for the period next following the period of default, or the same may be prorated over a period of time to be determined by the County.
37.
SPECIAL
SERVICES.
In addition to the rental charges as herein provided, Lessee shall pay all service charges for furnishing water, power, sewage disposal, light, telephone service, garbage and trash collection and all other utilities, to said premises.
38.
SIGNS, AWNINGS,
UTILITY
LINES, AERIALS,
AND ANTENNAE.
No signs or awnings shall be erected or maintained upon the demised premises (other than inSide any buildings constructed by Lessee or sublessee), except such signs as show the business or profession of Lessee or sublessee. All such signs must be approved by Director.
••
All utility tioned conform treatment lines, and specifically in Section to the minimum mentioned HAZARDOUS standards in Section
,
,
the ones
for the utilities Aerials and antennae
menshall
6, shall be underground.
of construction
and architectural
5.
39.
SUBSTANCES. or material Which shall be kept, stored or or
No goods,
merchandise,
sold in or on said demised hazardous; shall said and no offensive on therein will
premises
are in any way explosive trade, business shall
or dangerous or thereon,
or occupation be done on a
be carried premises,
and nothing
which
cause
an increase
in the rate upon
of or cause
suspension
or cancellation
of the insurance
said or other
premises
and the improvements No machinery leased ments premises thereon,
thereon. or apparatus will shall be used injure or operated on said or improvethereon;
which
in any way or other
said premises
or adjacent
premises, Section
or improvements
prOVided, Lessee
however,
that nothing keeping equipment on its
in this or using
39 shall preclude
said premises such or
from bringing, supplies, in carrying in all usual
on or about
materials, customary business
and machinery said business,
as are appropriate or from carrying
on its
respects. or burning, without prior gasoline written or other consent fuel storage
Open is expressly 40.
flame welding prohibited NUISANCE. shall
of Director.
Lessee
not permit and
the property
hereby
demised
to be used any
for any unlawful act ings of omission
purpose
shall not perform, upon which or about would
permit
or suffer
or commission thereon
said property
or any buildor a of
or construction
result
in a nuisance States,
violation California, hereafter 41.
of the laws and ordinances or the County in force RULES
of the United
State
of Los Angeles,
as the same may be now or
and effect. AND REGULATIONS. by all applicable of the County body, rules, regulations, resoluof
Lessee tions,
shall abide
ordinances, or other
statutes
of Los Angeles, applicable,
the State respecting
California
governmental
where
,
,
the use, operation, maintenance,
or repair or improvement of the leased
premises and equipment, and shall pay for any and all licenses required in connection With the use, operation, maintenance, ment of the leased premises. 42. RESERVATIONS. repair or improve-
Lessee expressly agrees that this lease and all rights hereunder shall be subject to all prior exceptions, reservations, licenses, easements, and rights-of-way leases,
of record now existing in, to,
over or affecting the leased premises for any purpose whatsoever. Lessee expressly agrees that this lease and all rights hereunder shall be subject to conditions, covenants, restrictions, rightsOf-way and easements as shown on Los Angeles County Assessor's Map No. 88, recorded in Book 1, pages 53 to 70 inclusive of Assessor's Maps, in the office of the Recorder of the County of Los Angeles, including but not limited to the right of the County of Los Angeles to install, construct, maintain, service and operate sanitary sewers, .
fire access roads, storm drains, drainage facilities, electric power lines, telephone lines and access and harbor utility easements, together With the right of the County to convey such easements and transfer such rights to others.
43. EMINENT DOMAIN.
If the whole or any substantial part of the premises hereby leased shall be taken by any paramount public authority under the power of eminent domain then the term of this lease shall cease as to the part so taken from the day the possession of that part shall be taken for any public purpose, and from that day Lessee shall have the right to either cancel this lease or to continue in the possession of the remainder of the premises under the term herein prOVided, except that the square foot rental shall be reduced in proportion to the amount of the premises taken. All damages awarded for such taking shall belong to and be the property of County; provided, however, that County shall not be entitled to any portion of the award made for loss of business installation or structures, buildings, or other improvements belonging to
"
Lessee
immediately
prior
to the taking
possession
by the condemning
authority. 44. There on or from the Bond FREE USE OF FACILITIES. shall be no free use of services which would or facilities provided
said premises
in any way violate
Section 506 of
Resolution QUIET
incorporated ENJOYMENT. performing
by reference
in this agreement.
45.
Lessee, the quiet
upon
its obligations
hereunder,
shall
have
and undisturbed of this
possession
of the demised
premises
through-
out the term 46.
lease.
BOND RESOLUTION. is hereby made Code to Chapter 14) Part 2, Division 2,
Reference Title
3, of the Government
to as the Act, and providing Bonds
of the State certain
of California, resolution
sometimes
referred
and to that
of the Board of Marina the terms by said September by 15,
authorizing
for the issuance
of $13,000,000 and providing as adopted ordered
del Rey Revenue and conditions Board 1959,
of 1959
of said County of said bonds
for the issuance
on September and November
8, 1959, including
10, 1959, which
amendments
are hereby
incorporated
reference
in full as part TIME.
of this agreement.
47.
Time restrictions, shall
is of the essence conditions
of this
lease
and applies
to all times, this lease
and limitations
contained
herein;
bind Lessee
and its sublessees, representatives,
assigns,
successors,
heirs,
administrators
or legal
as the case may be. FINANCING where REQUIREMENTS. is subby the the and
48.
Upon
FEDERAL
HOUSING
ADMINISTRATION this deed lease,
any default
under
the leasehold or held
ject to a mortgage Federal Federal Housing Housing
or trust
insured, shall
reinsured
COmmissioner, Commissioner,
County notice
give mortgagee
and
in writing, successors
and the mortgagee and assigns,
the Federal have notice declares
Housing
Commissioner, time within
their
shall of such
the right
at any
six (6) months
from the date
to correct the lease
the default forfeited
and reinstate and secures
the lease,
or if County
possession
of the leased
•
premises, (6) months the mortgagee or the Federal and Housing Commissioner within of such forfeiture a new securing of possession may elect request and receive their lease running to mortgagee having or Federal Commissioner, and conditions term of this bility under, upon successors lease and assigns, and having of this lease, a term equal Housing to the remaining Commissioner's except that the Federal not extend for ground the County rental shall beyond his occupancy to deliver possession of the property and the mortgagee the amount or other been immediately or Federal rentals County of the
"
six to
Housing
the same provisions
lia-
there-
the execution Commissioner this lease
of such new lease, to pay to County
Housing under have
of ground which
due may
less any net rentals the time
income
received
during
it may have
in possession
property. County required may accept in lieu the bond with of the performance required and payment Housing financed with as bonds
by this lease,
by the Federal of a project
Commissioner
in connection loan,
construction finds
an FHA insured
if County
such bonds
to be satisfactory on such bond. in this
to form and amount
and County
is made
a co-obligee
In lieu of the requirements County may accept hazard insurance
for hazard as required
insurance
lease,
by the Federal are satisfactory
Housing to County,
Commissioner, and the County interests
if the terms is included
of such insurance as an insured
under
the policy
as its
may appear.
49.
LESSEE'S WAIVER.
hereby acknowledges that he has been advised dredge ground that the fill to
Lessee demised materials marginal
premises placed uses
may consist over
of hydraulic marshy
fill or other
lOW-lying,
originally
devoted
including, trash
but not necessarily and low production
limited
to, agriculture, Lessee the may not of this the conon file be
oil refineries, accepts
dumps
oil wells.
the premises there known
in their
present defects
condition
notWithstanding which
fact that actually lease tents
may be certain to either hereby party
in the premises
at the time of the execution that he is familiar plans and
and Lessee
acknowledges engineering
With
of any and all maps,
soil reports
in the Department
of Small Craft Harbors
•
.'
-' "
",
of County and relating to the of examin-
premises hereby leased and has been afforded an opportunity ing same. Lessee acknowledges cause additional engineering that the condition and construction
of the land may
costs above and beyond
those contemplated execution
by either party to this lease at the time of the
thereof and Lessee agrees that it will make no demands upon alterations or any kind of labor that may of them. In addition, any and all
County for any construction, be necessitated
by said conditions
or anyone
Lessee hereby waives, withdraws,
releases and relinquishes
claims, suits, causes of action, rights of recission,
or charges
against County, its officers, agents or employees which Lessee now has or may have or assert in the future which are based upon any defects in the physical condition and thereunder, regardless of the demised premises and the soil thereon of whether or not said conditions were
known at the time of the execution
of this instrument.
..
IN WITNESS visors, Board and attested
'. .,
WHEREOF, County has, by order of its Board of Superby the Chairman of said caused this lease to be subscribed by the Clerk thereof, and the Lessee has executed written. , 19_
the same the day and year first hereinabove Dated
APPROVED BY BOARD OF SUPERVISORS
H;,~
James S. Mize,
AUG 30 1966
Acting Clerk of the Board
By
JAMeS s. MIZE ACTING 6i/5Iff Ii TIE"'S81iiiG, Clerk
of the Board of Supervisors
By ~
/.(!.~_-..-_.,.Deputy
APPROVED
AS TO FORM:
HAROLD W. KENNEDY, County Counsel By ---tI~~TH'fE=.~C;:;:O~U",-N~T;:Y:-:.-::0:3F_..:::tl:£>0---rc~N'l-G,:,,"E_L....,E;-S ... __ Chairman, Board pf Supervisors
STATE OF CALIFORNIA} County of Los Angltle,Q .
aa,
On this ~ day SUldrv!sors of the County of Los Angeles, personBlly appeared _../": ~ __ .___
ofA-t;;;IL"',f;
1
A. D., 19~, State of California,
,
before me JAMES S. MIZE, Clerk of the Board of residing therein, duly commissioned and sworn,
BURTON
W. CHACE
, known
to nie to be the Chairman of the Board of Supervisors the withIn instrument on behalf of the County therein the same. IN WITNESS WHEREOF, I and year of this certificate JAMES:.z
BY'
of the County of Los Angeles and the person who executed named, and acknowledged to me that such County executed have hereunto set my hand and affixed my official first above written. seal the day
Clerk of the Boa. d .. of s.uperVisors J
.a..•.. __ .,
OS 114
U~_ tJ'
Deputy