HomeMy WebLinkAboutORANGE COUNTY FLOOD CONTROL DISTRICT (3) -2008A- 2008 -289
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C
LEASE
THIS LEASE (Lease) is made ' I, ` 51 2010 ( "Effective Date "), by and between
ORANGE COUNTY FLOOD CONTRO DI TRICT, a body corporate and politic, hereinafter
referred to as "DISTRICT," and the CITY OF SANTA ANA, a municipal corporation, hereinafter
0 referred to as "TENANT," without regard to number and gender.
RECITALS
A. DISTRICT owns an approximately 2.29 acre parcel of land identified as Parcel R1551
cL (commonly known as Edna Park) and an adjacent 1.64± acre parcel identified as Parcel R1553, both of
O n which are situated along the westerly border of the Santa Ana River Channel immediately south of
Edna Drive in the City of Santa Ana, County of Orange, State of California as more particularly
described in Exhibits A and Al and shown in Exhibits B and B1, all of which are attached hereto.
�} B. As of the Effective Date of this Lease, the U.S. Corps of Engineers is conducting a landscaping
and irrigation project (Project) over Parcel R1553. The Project is estimated to be completed by May
2011.
C. DISTRICT and TENANT entered into an Agreement dated January 15, 1973 (Agreement),
wherein TENANT leased from DISTRICT said Parcel R1551 of land for public park purposes for a
period of 25 years.
D. Parcels R1551 and R1553 are well suited for use as a public park facility and are presently surplus
to the needs of DISTRICT for flood control purposes.
E. DISTRICT and TENANT desire to enter into anew lease for Parcel R1551 and to add
Parcel R1553 to the leasehold premises at a later date.
NOW, THEREFORE, the parties hereto agree as follows:
1. DEFINITIONS (PMA2.1 S)
The following words in this Lease have the significance attached to them in this clause, unless
otherwise apparent from context:
" -Board of Supervisors" means the Board of Supervisors of the County of Orange acting as the
governing board of the Orange County Flood Control District.
"County" means the County of Orange, a political subdivision of the State of California
"Director" means the Director, OC Public Works, County of Orange, or designee.
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"Flood Control Channel" means the Santa Ana River Channel and appurtenant structures located
adjacent to the westerly border of the leasehold premises.
PREMISES (PMA3.1 N)
A. Commencing with the Effective Date of this Lease, DISTRICT leases to TENANT Parcel
R1551, hereinafter referred to as "Premises"
B. DISTRICT and TENANT agree that Parcel R1553 shall be added to the leasehold premises
upon Director's notification to TENANT of Parcel R1553's availability. Upon such notice,
Parcel R1551 and Parcel R1553 shall then be jointly referred to as the "Premises" and shall thereafter
be subject to all the terms, conditions and restriction of this Lease.
3. TERMINATION OF PRIOR AGREEMENTS (PMA4.1 S)
It is mutually agreed that this Lease shall terminate and supersede any prior leases or agreements
between the parties hereto covering all or any portion of the Premises.
4. LIMITATION OF THE LEASEHOLD (PMA5.1 S)
This Lease and the rights and privileges granted TENANT in and to the Premises are subject to all
covenants, conditions, restrictions, and exceptions of record, or apparent. Nothing contained in this
Lease or in any document related hereto shall be construed to imply the conveyance to TENANT of
rights in the Premises which exceed those owned by DISTRICT, or any representation or warranty,
either express or implied, relating to the nature or condition of the Premises or DISTRICT'S interest
therein. TENANT acknowledges that TENANT has conducted a complete and adequate investigation
of the Premises and that TENANT has accepted the Premises in its "as is" condition.
5. USE (PMB 1.2 N)
TENANT'S use of the Premises shall be limited to the use of the surface as a non - revenue generating
public park facility with the purpose of preserving open space and/or providing a free public recreation
facility to be enjoyed and used by all residents of and visitors to the City of Santa Ana and for no other
purpose.
TENANT agrees not to conduct or permit to be conducted any public or private nuisance in, on, or
from the Premises, or to commit or permit to be committed any waste, including, but not limited to
Hazardous Materials (defined in Clause 18), within the Premises, nor shall TENANT engage in or
authorize activities within or upon the Premises which are incompatible or interfere with DISTRICT'S
flood control activities in, on or about the Premises. TENANT'S use of the Premises for any other
purpose without DISTRICT'S prior written approval shall cause this Lease and all TENANT'S rights
hereunder to immediately terminate upon written notice from Director, and without further action on
the part of DISTRICT.
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6. TERM (PMB2.1 N)
The term of this Lease shall be twenty (25) years, commencing on the Effective Date of this Lease.
7. TERMINATION (PMB3.1 N)
Either party may terminate this Lease at any time and for any reason, by giving the other, sixty (60)
days' advance written notice.
8. RENT (N)
The Premises shall be leased to TENANT on a rent -free basis.
9. CONSTRUCTION AND /OR ALTERATION BY TENANT (PMD2.1 N)
No buildings or permanent structures (other than recreational equipment and park benches),
improvements, facilities, antennas, above ground or underground utility lines or conduits,
communications lines, including telephone and cable lines are to be constructed, erected, altered, or
place on or within the Premises without prior written consent of Director.
All improvements constructed by TENANT within the Premises shall be constructed in strict compliance
with detailed plans and specifications approved by Director.
10. MECHANICS LIENS OR STOP - NOTICES (PMD4.1 S)
In addition to the responsibilities described in Clause 20 (Indemnification) below, TENANT shall at all
times indemnify, defend with counsel approved in writing by DISTRICT, and save DISTRICT and
County harmless from all claims, losses, demands, damages, costs, expenses, or liabilities arising from
mechanics liens or stop notices in connection with the use, construction, repair, alteration, or
installation of structures, improvements, equipment, or facilities by TENANT over, across, within,
upon, or under the Premises, and from the cost of defending against such claims, including attorney
fees and costs.
In the event a lien or stop - notice is imposed upon the Premises as a result of such construction, repair,
alteration, or installation, TENANT shall either:
A. Record a valid Release of Lien, or
B. Procure and record a bond in accordance with Section 3143 or 3196 of the Civil Code, which
frees the Premises from the claim of the lien or stop- notice and from any action brought to foreclose
the lien.
Should TENANT fail to accomplish one of the two actions above within fifteen (15) days after the file
of such a lien or stop- notice, this Lease shall be in default and shall be subject to immediate
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termination. Such termination, however, shall not relieve TENANT from any of its obligations set
forth in this Section.
11. "AS- BUILT" PLANS AND CONSTRUCTION COSTS (PMD5.2 S)
Within 60 days following completion of any substantial improvement within the Premises, TENANT
shall furnish Director a complete set of reproducible mylars and two sets of prints of "As- Built" plans.
TENANT shall also furnish the Director with all CAD data stored on compact disc ROM as "read
only" files which shall be in one of the following software formats:
Micro Station DGN format; Microsoft Windows based system.
AutoCAD DXF format; Microsoft Windows based system.
Other (generic DXF format; Microsoft Windows based system.
All CAD files are also to be converted to Acrobat Reader ( *.pdf format), which shall be included on
CD ROM. No other formats are acceptable. Director reserves the right to reject CAD files delivered
in any other formats not specified above.
12. CONSTRUCTION AND /OR ALTERATION BY DISTRICT (N)
Except in an emergency found to exist by DISTRICT, if DISTRICT intends to disturb the surface or
subsurface of the Premises, then Director shall give TENANT not less than thirty (30) calendar days'
prior written notice specifying the date of such entry, the duration thereof, and the nature of the work
to be performed by DISTRICT.
In the event DISTRICT finds it necessary to enter on and.disturb the surface or subsurface of the
Premises in order to maintain, repair, reconstruct, replace, improve or enlarge DISTRICT'S Flood
Control Channel or facilities, DISTRICT'S only responsibility under this Lease shall be to backfill the
affected portion of the Premises with compacted earth to the grade of the surrounding property
following completion of DISTRICT'S activity. DISTRICT shall have no responsibility or liability
under this Lease for restoring improvements owned, constructed, placed or permitted by TENANT
within, upon, under or above the Premises which by design are disturbed, altered or destroyed as the
result of DISTRICT'S planned maintenance, repair, reconstruction, replacement, improvement or
enlargement of DISTRICT'S Flood Control Channel or facilities, however, DISTRICT shall endeavor
to minimize any damage, disruption or extirpation of any park improvements during such DISTRICT
activities.
13. OWNERSHIP OF IMPROVEMENTS (PMD6.1 N)
DISTRICT and TENANT acknowledge that the pre- existing improvements within the Premises
constructed by TENANT consist of those improvements listed in Exhibit C.
All trade fixtures, equipment, buildings, improvements, and facilities, constructed or placed on or
within the Premises by TENANT must, upon completion, be free and clear of all liens, claims, or
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liability for labor or materials and excepting trade fixtures shall, at DISTRICT'S option, become the
property of DISTRICT at the expiration or sooner termination of this Lease. DISTRICT retains the
right to require TENANT, at TENANT'S cost, to remove any or all of TENANT'S improvements
located within, upon, under, or above the Premises at the expiration or termination hereof. TENANT
agrees that should DISTRICT require removal of said improvements, TENANT shall: (i) remove the
improvements, including any underground obstructions, at TENANT'S cost within sixty (60) days of
being notified by DISTRICT, (ii) leave the Premises in a level, safe, clean, sanitary and neat condition
free of weeds and debris; (iii) remove any underground obstructions, (iv) leave any excavated area
compacted to ninety percent (90 %) compaction, and (v) replace any erosion control landscaping that
may have been destroyed or removed as the result of any of the aforesaid activities.
14. UTILITIES (PME1.1 N)
TENANT shall construct, or cause to be constructed, all necessary utility facilities to be used by
TENANT within the Premises and shall be responsible for and pay, prior to the delinquency date, all
charges for utilities used by TENANT on the Premises.
Upon incorporation of Parcel R1553 to the leasehold premises, TENANT shall install a separate water
meter for this Parcel in TENANT'S name and account.
15. MAINTENANCE OBLIGATIONS OF TENANT (PME2.1 N)
TENANT agrees to maintain the Premises and all improvements constructed thereon in good order and
repair, and to keep said Premises in a neat, clean, orderly, safe, and sanitary condition to the
satisfaction of Director, and in compliance with all applicable laws. TENANT further agrees to
provide approved containers for trash and garbage and to keep the Premises free and clear of rubbish,
litter and waste to prevent the accumulation of any refuse.or waste materials which might constitute a
fire hazard or a public or private nuisance.
TENANT shall designate in writing to Director a representative who shall be responsible for the day -
to -day operation and level of maintenance, cleanliness, and general order.
Director shall have the right to enter upon and inspect the Premises anytime for cleanliness and safety.
If TENANT fails to maintain or make repairs or replacements as required herein, Director shall notify
TENANT in writing of said failure. Should TENANT fail to correct the situation within three days
after receipt of written notice, Director may make the necessary correction or cause it to be made and
_the cost thereof, including but not limited to the cost of labor, materials, equipment, and an
administrative fee equal to fifteen percent (15 %) of the sum of such items, shall be paid by TENANT
within 10 days of receipt of a statement of said cost from Director. Director may, at Director's option,
choose other remedies available herein, or by law. Failure of TENANT to properly maintain and repair
the Premises shall constitute a breach of the terms of this Lease.
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16. INSURANCE (PME5.1.8 S)
TENANT agrees, at its sole expense, to obtain insurance as required below, and to deposit with
Director prior to the provision of services under this Lease, Certificates of Insurance, including all
endorsements required herein, necessary to satisfy Director that the insurance provisions of this Lease
have been complied with, and to keep such insurance and the certificates and endorsements therefor on
deposit with Director during the entire term of this Lease. In addition, sub - tenant, or any contractors
performing work on behalf of TENANT pursuant to this Lease, shall be covered under TENANT'S
insurance or shall obtain insurance subject to the same terms and conditions as set forth herein for
TENANT. All insurance policies required by this Lease shall declare any deductible or self - insured
retention (SIR) which shall specifically be approved by the County Executive Office /Office of Risk
Management. TENANT shall be responsible for reimbursement of any deductible to the insurer. If
TENANT is self - insured, TENANT shall provide Director a letter of self - insurance satisfactory to the
County Executive Office /Office of Risk Management, verifying all the stated coverage minimums and
comparable terms. In the event the TENANT becomes commercially insured, the policy or policies of
commercial insurance maintained by TENANT shall provide the minimum limits and coverage as
stated herein.
The policy or policies of insurance must be issued by an insurer licensed to do business in the State of
California (California Admitted Carrier).
Minimum insurance company ratings as determined by the most current edition of the Best's Key
Rating Guide/Property- Casualty/United States or ambest.com shall be "A -" (Secure Best's Rating) and
"VIII" (Financial Size Category).
County Executive Office /Office of Risk Management retains the right to approve or reject carrier after
a review of the company's performance and financial ratings if it does not meet the above standards.
The policy or policies of insurance maintained by the TENANT shall provide the minimum limits and
coverages as set forth herein below:
Coverage
Commercial General Liability, to include
Broad Form Property Damage Endorsement
and Contractual Liability
Automobile Liability, including all owned
non -owned and hired vehicles
Workers' Compensation
Employer's Liability
Property Insurance
Minimum Limits
$1,000,000 combined single limit
per occurrence; $2,000,000 aggregate
$1,000,000 combined single limit
per occurrence
Statutory Requirements
$1,000,000 per occurrence
100% of the Replacement Cost value of all
structures and improvements
Insurance shall be in force the first day of the term of this Lease.
Except as noted, each insurance policy required by this Lease shall include the following provisions
and/or endorsements:
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A. Cancellation: 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 Director. If an endorsement with such
cancellation provision cannot be provided, the pre - printed ACORD certificate must be edited as
follows to provide for an unconditional 30 -day notice of cancellation:
"SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
30 DAYS' WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENT OR REPRESENTATIVE ".
B. Additional Insured: "Orange County Flood Control District and the County of Orange are
added as insured as respects operations of the named insured at or from the Premises occupied and
used by the named insured pursuant to that certain Lease issued by the Orange County Flood Control
District." An additional insured endorsement evidencing that Orange County Flood Control District
and County of Orange are additional insureds shall accompany the Certificate of Insurance.
(Additional insured Endorsement not required for Property, Worker's Compensation and Employers'
Liability.)
C. Primary Insurance: "It is agreed that any insurance maintained by the Orange County Flood
Control District and County of Orange will apply in excess of, and not contribute with, insurance
provided by this policy." An endorsement evidencing that the TENANT'S insurance is primary and
non - contributing shall accompany the Commercial General Liability Certificates of Insurance.
(Primary Insurance Endorsement only required for Commercial General Liability.)
D. Waiver of Subrogation: "All rights of subrogation are hereby waived against the Orange
County Flood Control District and County of Orange and.members of the Board of Supervisors, its
elected and appointed officials, officers and employees, when acting within the scope of their
appointment or employment." A waiver of subrogation endorsement with such language shall
accompany the Certificate of Insurance.
E. Property/Fire Insurance: TENANT shall obtain and keep in force during the term of this
Lease, All Risk property insurance, covering loss or damage to the structures and improvements for the
full Replacement Cost Value.
THIS LEASE SHALL AUTOMATICALLY TERMINATE AT THE SAME TIME TENANT'S
INSURANCE COVERAGE IS TERMINATED. IF WITHIN 10 DAYS AFTER TERMINATION
UNDER THIS CLAUSE, TENANT OBTAINS AND PROVIDES EVIDENCE OF THE REQUIRED
INSURANCE COVERAGE ACCEPTABLE TO DIRECTOR, THIS LEASE MAY BE
REINSTATED, AT THE SOLE DISCRETION OF DIRECTOR. IF REINSTATED, TENANT
SHALL PAY $200 TO COVER THE PROCESSING COSTS INCURRED BY DISTRICT.
TENANT agrees that TENANT shall not operate on the Premises at any time the required insurance is
not in full force and effect as evidenced by a certificate or official binder being in the possession of
Director. In no cases shall assurances by TENANT, its employees, agents, including any insurance
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agent, be construed as adequate evidence of insurance. TENANT also agrees that upon cancellation,
termination, or expiration of TENANT'S insurance, that DISTRICT may take whatever steps are
necessary to interrupt any operation from or on the Premises until such time as the Lease is reinstated
by the Director.
TENANT further agrees to hold DISTRICT harmless for any damages resulting from such interruption
of business including but not limited to damages resulting from any loss of income or business
resulting from DISTRICT'S action.
Director expressly retains the right to require TENANT to increase or decrease insurance of any of the
above insurance types throughout the term of this Lease. Any increase or decrease in insurance will be
deemed by County of Orange Risk Manager as appropriate to adequately protect DISTRICT.
Director shall notify TENANT in writing of changes in the insurance requirements. If TENANT does
not deposit copies of acceptable certificates of insurance and endorsements with DISTRICT
incorporating such changes within thirty days of receipt of such notice, this Lease Agreement may be
in breach without further notice to TENANT, and DISTRICT shall be entitled to all legal remedies.
The procuring of such required policy or policies of insurance shall not be construed to limit
TENANT'S liability hereunder nor to fulfill the indemnification and hold harmless provisions and
requirements.
TENANT liability is limited to the availability of the insurance in the marketplace at the time the
Lease is executed by DISTRICT.
17. ASSIGNING. SUBLETTING, AND ENCUMBERING PROHIBITED (PME7.3S)
Any mortgage, pledge, hypothecation, encumbrance, transfer, sublease, sublease amendment, or
assignment (hereinafter in this clause referred to collectively as "Encumbrance ") of TENANT'S
interest in the Premises, or any part or portion thereof, is prohibited. Any attempted Encumbrance
shall be null and void and shall confer no right, title, or interest in or to this Lease.
If the TENANT hereunder is a corporation or an unincorporated association or partnership, the
Encumbrance of any stock or interest in said corporation, association, or partnership in the aggregate
exceeding twenty -five percent (25 %) shall be deemed an assignment within the meaning of this clause.
18. HAZARDOUS MATERIALS (PMF9.1 S)
A. Definition of Hazardous Materials. For purposes of this Lease, the term "Hazardous
Material" or "Hazardous Materials" shall mean any hazardous or toxic substance, material, product,
byproduct, or waste which is or shall become regulated by any governmental entity, including, without
limitation, DISTRICT, acting in its governmental capacity, the State of California, or the United States
government.
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B. Use of Hazardous Materials. TENANT or TENANT'S employees, agents, independent
contractors or invitees (collectively "TENANT Parties ") shall not cause or permit any Hazardous
Materials to be brought upon, stored, kept, used, generated, released into the environment or disposed
of on, under,,from or about the Premises (which for purposes of this clause shall include the subsurface
soil and ground water). Notwithstanding the foregoing, TENANT may, subject to Director's prior
written permission, keep on or about the Premises small quantities of Hazardous Materials that are
used in the ordinary, customary, and lawful cleaning of and operations on the Premises. Said
permitted Hazardous Materials shall be stored in a safe location and shall be disposed of in a manner
provided by law.
C. TENANT Obligations. If the presence of any Hazardous Materials on, under or about the
Premises caused or permitted by TENANT or TENANT Parties results in (i) injury to any person, (ii)
injury to or contamination of the Premises (or a portion thereof), or the Flood Control Channel, or (iii)
injury to or contamination of any real or personal property wherever situated, TENANT, at its sole cost
and expense, shall promptly take all actions necessary or appropriate to return the Premises and/or the
Flood Control Channel to the condition existing prior to the introduction of such Hazardous Materials
to the Premises and/or to the Flood Control Channel and to remedy or repair any such injury or
contamination. Without limiting any other rights or remedies of DISTRICT under this Lease,
TENANT shall pay the cost of any cleanup or remedial work performed on, under' or about the
Premises as required by this Lease or by applicable laws in connection with the removal, disposal,
neutralization or other treatment of such Hazardous Materials caused or permitted by TENANT or
TENANT Parties. Notwithstanding the foregoing, TENANT shall not take any remedial action in
response to the presence, discharge or release, of any Hazardous Materials on, under or about the
Premises caused or permitted by TENANT or TENANT Parties, or enter into any settlement
agreement, consent decree or other compromise with any governmental or quasi - governmental entity
without first obtaining the prior written consent of DISTRICT. All work performed or caused to be
performed by TENANT as provided for above shall be done in good and workmanlike manner and in
compliance with plans, specifications, permits, and other requirements for such work approved by
DISTRICT.
D. Indemnification for Hazardous Materials To the fullest extent permitted by law, TENANT
hereby agrees to indemnify, hold harmless, protect and defend [with attorney(s) approved in writing by
DISTRICT] DISTRICT and County, their elected officials, officers, employees, agents, and
independent contractors and the Premises, from and against any and all liabilities, losses, damages
(including, but not limited to, damages for the loss or restriction of use of rentable or usable space or
any amenity of the Premises or damages arising from any adverse impact on marketing and diminution
in the value of the Premises), judgments, fines, demands, claims, recoveries, deficiencies, costs and
expenses (including, but not limited to, reasonable attorney fees, disbursements and court costs and all
other professional or consultant expenses), whether foreseeable or unforeseeable, arising directly or
indirectly out of the presence, use, generation, storage, treatment, on or off -site disposal or
transportation of Hazardous Materials on, into, from, under or about the Premises by TENANT or
TENANT Parties. The foregoing indemnity shall also specifically include the cost of any required or
necessary repair, restoration, clean -up or detoxification of the Premises and/or the Flood Control
Channel and the preparation of any closure or other required plans.
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19. BEST MANAGEMENT PRACTICES (PMF11.2S)
TENANT and all of TENANT'S, subtenants, agents, employees and contractors shall conduct
operations under this Lease so as to assure that pollutants do not enter municipal storm drain systems
which systems are comprised of, but are not limited to curbs and gutters that are part of the street
systems ( "Stormwater Drainage System "), and to ensure that pollutants do not directly impact
"Receiving Waters" (as used herein, Receiving Waters include, but are not limited to, rivers, creeks,
streams, estuaries, lakes, harbors, bays and oceans).
The Santa Ana and San Diego Regional Water Quality Control Boards have issued National Pollutant
Discharge Elimination System permits ( "Stormwater Permits ") to the County of Orange, and to the
Orange County Flood Control District and cities within Orange County, as co- permittees (hereinafter
collectively referred to as "County Parties ") which regulate the discharge of urban runoff from areas
within the County of Orange, including the Premises leased under this Lease. The County Parties have
enacted water quality ordinances that prohibit conditions and activities that may result in polluted
runoff being discharged into the Stormwater Drainage System.
To assure compliance with the Stormwater Permits and water quality ordinances, the County Parties
have developed a Drainage Area Management Plan (DAMP) which includes a Local Implementation
Plan (LIP) for each jurisdiction that contains Best Management Practices (BMPs) that parties using
properties within Orange County must adhere to. As used herein, a BMP is defined as a technique,
measure, or structural control that is used for a given set of conditions to manage the quantity and
improve the quality of stormwater runoff in a cost effective manner. These BMPs are found within the
County's LIP in the form of Model Maintenance Procedures and BMP Fact Sheets (the Model
Maintenance Procedures and BMP Fact Sheets contained in the DAMP/LIP shall be referred to
hereinafter collectively as "BMP Fact Sheets ") and contain pollution prevention and source control
techniques to eliminate non - stormwater discharges and minimize the impact of pollutants on
Stormwater runoff.
BMP Fact Sheets that apply to uses authorized under this Lease include the BMP Fact Sheets that are
attached hereto as Exhibit D. These BMP Fact Sheets may be modified during the term of the Lease;
and Director shall provide TENANT with any such modified BMP Fact Sheets. TENANT, its
subtenants, agents, contractors, representatives and employees and all persons authorized by TENANT
to conduct activities on the Premises shall, throughout the term of this Lease, comply with the BMP
Fact Sheets as they exist now or are modified, and shall comply with all other requirements of the
Stormwater Permits, as they exist at the time this Lease commences or as the Stormwater Permits may
be modified. TENANT agrees to maintain current copies of the BMP Fact Sheets in TENANT'S
administrative offices throughout the term of this Lease. The BMPs applicable to uses authorized
under this Lease must be performed as described within all applicable BMP Fact Sheets.
TENANT may propose alternative BMPs that meet or exceed the pollution prevention performance of
the BMP Fact Sheets. Any such alternative BMPs shall be submitted to the Director for review and
approval prior to implementation.
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Director may enter the Premises and/or review TENANT'S records at any time to assure that activities
conducted on the Premises comply with the requirements of this section. TENANT may be required to
implement a self - evaluation program to demonstrate compliance with the requirements of this section.
20. INDEMNIFICATION (N)
TENANT acknowledges that the Premises are adjacent to the Flood Control Channel and that the
Premises are subject to all hazards associated therewith including, but not limited, to noise, dust,
overflow and rapid and potentially dangerous increases in the volume of water in the Flood Control
Channel during storm events.
TENANT on behalf of itself, its assigns, and successors in interests agrees to assume all risks, financial
or otherwise, associated therewith, including but not limited to, destruction of its improvements or
facilities, and/or interruption of operations, special events or recreational activities conducted on the
Premises, loss of personal property and/or injury or death to third persons, invitees, guests and agents
of TENANT. TENANT further agrees on behalf of itself, and its assigns and successors in interest, to
indemnify, defend with counsel approved in writing by DISTRICT, release and waive all claims and
recourse against DISTRICT and County, ( "DISTRICT Indemnitees ") including the right of
contribution for loss or damage to property or injury or death of third persons, invitees, guests and
agents of TENANT arising from, growing out of or in any way connected with or related to
DISTRICT'S adjacent Flood Control Channel and flood control operations and/or related to the fact
that said Premises may be subject to flooding, overflow conditions, dust, noise, vibrations, and/or
arising from or growing out of or in any way connected to TENANT'S use of the Premises for public
recreational uses, except claims arising from the concurrent active or sole negligence of DISTRICT or
DISTRICT Indemnitees, their officers, agents, employees and contractors.
TENANT shall also indemnify, defend with counsel approved in writing by DISTRICT, and hold
DISTRICT Indemnitees, their respective elected and appointed officials, officers, employees and
agents harmless from claims for penalties, liabilities, damages or losses resulting from claims or court
actions directly or indirectly attributable to any damage or injury to persons or property by reason of
acts or omissions of TENANT in exercising any of the privileges herein granted or in consequence
thereof. The indemnity provided by TENANT in favor of DISTRICT and County in this paragraph.
shall not require payment as a condition precedent.
Regarding claims which arise during the TENANT'S tenancy on the Premises, the foregoing
indemnity shall survive termination of this Lease, in addition to any other rights or remedies which
DISTRICT may have under law or under this Lease.
21. NOTICES (PMF 10.1 N)
All notices, documents, correspondence, and communications concerning this Lease shall be addressed
as set forth in this paragraph, or as the parties may hereafter designate by written notice, and shall be
sent through the United States mail, with postage prepaid. Any such mailing shall be deemed served
or delivered forty -eight (48) hours after mailing. Each party may change the address for notices by
giving the other party at least ten (10) calendar days prior written notice of the new address.
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Notwithstanding the above, either party may also provide notices, documents, correspondence, or such
other communications to the other by personal delivery, or facsimile and, so given, shall be deemed to
have been given upon receipt if provided by personal delivery or if by facsimile, on the business day
transmitted if before 4:30 p.m. (PT), otherwise shall be deemed delivered on the following business
day.
To DISTRICT:
Orange County Flood Control District
c/o OC Public Works /Real Estate Services
P.O. Box 4048
Santa Ana, CA 92702 -4048
Facsimile: 714/834 -2870
22. GENERAL CONDITIONS
To TENANT:
City of Santa Ana
c/o Parks, Recreational and
Community Services Agency
P.O. Box 1988
Santa Ana, CA 92702
Attention: Ron Ono
This Lease includes the General Conditions, attached hereto as Exhibit E and by this reference made a
part hereof.
J/
//
J/
!J
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//
Edna Park Lease (06.16.09) 12
Santa Ana River Channel
E01- R1551, R1553
IN WITNESS WHEREOF, the parties have executed this Lease the day and year first above written.
API
Cit;
Datc
APPROVED AS TO FORM:
Office of the County Counsel
Orange County, California
By:
Deputy
Date:
Signed and certified that a copy of this
document has been delivered to the Chair
of the Board per G.C. Sec. 25103,
Reso 79 -1535
ATTEST:
Darlene J. Bloom
Clerk of the Board of Supervisors
Orange County Flood Control District
Orange County, California
TENANT
CITY OF SANTA ANA
a municipal corporation
By: /
City Manager
By: ,mil
City Clerk
DISTRICT
ORANGE COUNTY FLOOD CONTROL DISTRICT,
a body corporate and politic
Chair of the Board of Supervisors
Orange County, California
Edna Park Lease (06.16.09) 13
Santa Ana River Channel
E01- R1551, R1553
EXHIBIT A
Santa. Ana River ChannF.l
Parcei 1551,
Leas''
That Portion. of the south %vest cluartt r of Section 2, Tow -i hip 5 South,
Range 10 Nest. in the Rancho Las 801sas, city of Santa Ara. county Of OrarJpe_
State of California, tlsr map recorded in the book 51, page 12 of W5cellanEaus
I•Oaps. in ?hr- office of the County Recorder of Said county described as folla�:s:
Beginning al the southeast corner of Tract 9631 :,is shu-,vn or 0 rnap
recorded in hook a 1 1. Gages 11 throe =gh 1., of Miscellaneous irl.aps, records of
_,aid counts: thence North ;;;'4:3'31•' East 56.51 feet along tlEe ea- , ;terly 1irie. of
said tract in the, True Point of Beginning, said point being the Leginning of a non -
lanaent curve, r_or,cave northwesterly, having a radius of 8852.50 feet, a radial line
to said point bears South 56'49'07" East_ thence northeasterly along said curve
an„ said easterly IinN tt,irough a r:en ral angle of 25 °31'19+', an arc length of
393.10 feet: thence continuing along said easterly line and its prolorclatian Furth
'- 39'34" East 41 7 30 feet to the centerline of Edna Drive as shown on said tract.
?hence South W32'38" East 199.93 feet along said centerline to the northorly
prolongation of the vrest line of Lot 64 of Tract 3834 as shown on a map recorded
in book. 133. ;gages 13 t.nrougl-� 15 of miscellarleous biL3ps, records of saro county:
thence South 0 "14'2.5' West 235.57 feet along said .::est line and its northerly,
prolongatican bn the most southerly comer of said sot, thence South 35"45'58 -
'tre5t 638.29 feet. thence South 35'43'3," Y'jes:t 29.39 feet to the True Point of
Beginning.
The above described parcut of laird contains 94,966 squaro feet. more or less.
PREPARED UNDER THE SUPERVISION OF:
LEE
L:_ . 56,10,3
Edna Park Lease (06.16.09)
. `:
v DATE
Santa Ana River Channel
E01- R1551,R1553
EXHIBIT Al
Santa ,era River Oha:in&
Pa,'re:l N'(1 1553
Case.
That portion «, the southwest. (quarter of Section 2. Township 5 South.
pagee If-, West, in tilt= Rancho Las 801sa s, city of Santa Aria county of Orange.
State cf Californi,:. per map recorded in book 51. page 12 of Miscellaneous
":1a is. in the office of the County Recordier of said county. desc. inf;(f as follows.
Beginn;nq at a point on the centerline of Seventeenth Street d+stant South
-0st 485 Otl feet from the Southwest corner of said section 2, said
print berm the southeast corner of Tract 88G3 as :shown on a rnap recorded in
book 4,51. rages 42 Ifirough 46 of Miscellaneous Miaps, records of said county:
thence along the east line of said tract North 30`27 "09" East 347.37 feet; tJ) nce
ccntrn,vig cn Said east line North 30 "13'-09° East 150 W feet: thence Nor1h
35 43'31" East 284.50 teat anon, said east fine to the southeast corner of Tract
9631 as shown On a reap recorded in b-aok 411, pages 11 through 14 of
k fisceflaneous daps, rt_cords of said county; thence North 35 "43'31" east 56.51
feel Avrig thr east One of said Tract 9631; thence departing said east line North
35 43-3. i cast 29.39 fuel; thence North 35 "45'56" East 488.29 feet to a pant
South 35` 4.5' -, +' MN st 150.00 feet from the most southerly corner of Lot 64 of
t rac' 3834 as 3hnwn on a map recorded in book 133, pages 13 through `5 of
PASCallancous Maps. records of said county; thence -South 54-'16'S4" ,East 61.8,j
feet to the westerly :rne of the Newbc rl Protection District, 40O.00 feet wide, as
shown on Record of Survey 93 -1050 filed in Record of Survey Book 152. pages
7 thu-)ugh 20, Fr-cords o` said county; theirce South 35 °43'06" West 1: 42.47 feet
al-0,19 said viez ;terly line to said centerfine of Sever leenth Street; thence North
81;'49'22° bNust 19.68 feet along said centerline -to the point of beginning.
FXCEPT therefrom the southerly 411.00 feel.
The ahn:r ric: [:nhed Irwarcel of lariat contains 71,629 square feel. more or lesr;.
'RE`- ABED UNDER THE SUPERVISION OF
Edna Park Lease (06.16.09) 2
Santa Ana River Channel
E01- R1551, R1553
EXHIBIT B
p,�
n
r
„s C
!99.13 _99` 32' 38
99. 9c: r' ,z +
PARCEL No. 15551
Edna Park Lease (06.16.09) 3
Santa Ana River Channel
E01- R1551, R1553
EXHIBIT B1
—
__ — /
—j — — '
BOA-
�■■ PARCEL Flo. 15W '
F III I"�
yc .TS nx.
Edna Park Lease (06.16.09) 4
Santa Ana River Channel
E01- R1551, R1553
EXHIBIT C
LIST OF PERMANENT IMPROVEMENTS
Restroom Facility
- Brick Construction with Wood Shake Roof
- In Ground Plumbing
- Separate Men's and Women's Rooms
- Exterior Drinking Fountain
Seven Outdoor Light Fixtures
- Light Poles
- Footings
Five Picnic Tables
- Four Circular Concrete Picnic Areas
Two Playground Areas
- Playground Equipment
- Sand
Irrigation System
Paved Walkways
Paved Parking Lot
Edna Park Lease (06.16.09)
Santa Ana River Channel
E01- R1551, R1553
EXHIBIT D
BEST MANAGEMENT PRACTICES FACT SHEETS
• IC7
Landscape Maintenance
• IC 10
Outdoor Loading/Unloading of Materials
• R -5
Disposal of Pet Wastes
• SD -10
Site Design & Landscape Planning
• SD -12
Efficient Irrigation
• SD -32
Trash Storage Areas
• WM -5
Solid Waste Management
Edna Park Lease (06.16.09)
Santa Ana River Channel
E01- R1551, R1553
IC7. LANDSCAPE MAINTENANCE
Best ('Management Practices (BMPs)
A BMP is a technique, measure or structural control that is
used for a given set of condi'dons to improve the qual"rhf of
the stormwater runoff in a cost effective manners. The
rninimum required BFAPs for this activity are oui ineel in the
box to the right_ Implementation of pollution
preventionlgcod houserea_ping measures may reduce or
eliminate the need to implement other more cosd-'v or
complicated procedures. Proper ernptoyee training, isrey
to the success of BMP implementation.
The BtFs outined in this fact sheet target the f 4omng
pollutants:
Targeted Constituents
Sedimen'
blutricnts
=lna3ablc hb:eriat_
x
Yetals
&acer a
x
Oil , , Grease
Oroanics 3 Toxicants,
PesmlideG
:C
Oxv en Demandiml
x
MINIMUM BEST MANAGEMENT PRACTICES
Poliu-in n Prevent nips d H .uceke nino
• Properly store and dispose of gardening waste~.
• I-Ise rnulr;.h or other erosion control n-pa`:ures an
exposed -.oils..
• Frop.erly rrarr,g irrigation and runoff.
• Ptcp erly stare and dispose of &,�emnoals.
• Properly manage pesticide. and herbicide use.
• Properly manage fertilizer use.
tenril stn -m drains
Train inc
• Train employees on the_-e 0Ms. storm water
dis�dharge prohibitions, ter di- _charge
requirements-
• Provide on -going emplbyeV training in pollution
prevention.
Provided below: are specific procedures associated tOh each of the minimu€r; BMPs along Kith procedures for
additional 5PAP3 that should t;e considered if this actiAty takes place at a fa:califi,r located near a sensitnre
watert~ody. In order to meet the requirements for medium and high priorifiy facilities, the ownersdoperators must
select. install and maintain appropriate 6NIPs on site. Since the se6e . ion of the appropriate BMPs is a site-
specific process, the 4,pes and numt-ers of additional BMPs will vary for each facility.
I. Take steps to reduce landscape maintenance requirements,
• Where feasicie, retain and/or plant native vc-getation with feature,; that are determined to be
beneficial. Native vegetation usually requires less maintenance than planting new vegetation.
• When planting or repfaribrig consider using Ioov :ester use t1owers, trees; shrubs, and groundcO%,ers.
• Consider afterna'We landscaping techniques such as rnaturescaping and xeriscaping.
2. Properly store and dispose of gardening wastes.
• Dispcse of grass clippings, leaves; sticks. or other collected vegetation as garbage at a Pem-,itted
landfill or by composting.
• Do not dispose of gardening wastes in streets, watemays, or storm m
drainage systes.
• Place temporarily stockuiled material away from witerrourses and storm drain inlets. and berm
and /o aver.
3. Use mulch or other erosion control measures on exposed soils.
r EPA ' Dart Sum mare of Urban Stormv; °ter Be-,-,' Wnaga fn ent ProctceS
IC'• Laud :cape 2,!mztena =:e
Edna Park Lease (06.16.09)
Santa Ana River Channel
E01- R1551, R1553
4, properly manage irrigation and runoff.
+ Irrigate slowly or pulse irrigate so the infiltration rate of the soil is not exceeded-
* Inspect irrigation system regularly for leaks and to ensure that excessive runoff is not occurring.
• 9 re- Maimed %pater is used for irrigation, ensure that there is no runoff from the landscaped area(s)-
• , If bailing of muddy water is required (e.g- when repairing a water fine leak), do not put it in the storm
drain; pour over landscaped areas_
+ Use automatic timers to minimize runoff.
+ Use popup sprinkler heads in areas with a lot of actMty or where pipes may be broken. Consider
the use of mechanisms that reduce water flaw to broken sprinkler heads.
5. Properly store and dispose of chemicals.
• Implement storage requirements for pesticide products with guidance from tl`-- local fire department
and/or County Agricultural Commissioner_
• Provide secondary containment for chemical storage.
• Dispose of empty containers acr-ording to the instructions on the container label.
• Triple rinse containers and use rinse enter as product.
6, Properly manage pesticide and herbicide use.
• Follow all federal, state. and local laws and regulations governing the use, storage, and disposal of
pesticides and herbicides and training of applicators and pest control advisors.
• Follow manufacturers' reoommendations and label directions.
• Us,-- pesticides only if there is an actual pest problem (not on a regular preventative schedule)_
When applicable use less toxic pesticides that wall do the job. Avidd use of copper -based pesticides
if possible. Use the minimum arnounl of chemicals needed for the job.
• Do not apply pesticides if rain is expected or if wind speeds are above b mph.
• Do not mix or prepare pesticides for application near storm drains. Prepare the minimum amount of
pesticide needed for the job and use the lowest rate that will effectively control the targe:ted;pes€
• ' henever possible, use nxcharicaf methods of vegetation removal rather than applying herbicides.
Use hand weeding where- practical_
• Do not apply any chemicals directly to sur Eacematers, unless the application is approved and
permitted by the state. Do not spray pesticides Mthin 100 feet of cpen inters.
• Employ techniques to minimize off - target application (e -g. spray drift:/ of pesticides, including .
consideration of alternative application techniques.
• 'Men conducting mechanical or manual weed control, avoid loosening the soil, which could lead to
erosion.
• Purchase only the amount of pesticide that you can reasonably use in a given time period.
• Careful sal mixing and layering techniques using a topsoil mix or composted organic material can
be used as an effecWe measure to reduce herbicide use and watering -
7, Properhymanagefertilizeruse.
• Follow all federal. state, and local lams and regulations governing the use, storage, and disposal of
fertilizers.
• Follow manufacturers' recommendations and label direttons.
• Employ techniques to minimize off- target application (e.g. spray drift) of fertilizer, including
consideration of alternative application techniques- Calibrate :fertilizer distributors to avoid
excessive application.
• Periodically test sals for determining proper fertilizer use_
• Fertilizers should be worked into the soil rather than dumped or broadcast onto the surface.
• Sweep pavement and sidawalk if fertilizer is spifled on these surfaces before applying irHgation
water.
• Use slow release fertilizers whenever possible to minimi =e leaching
IC 7 Lan&ope Maz tenant e
Edna Park Lease (06.16.09)
Santa Ana River Channel
EOl- R1551, R1553
Incorporate the following integrated pest management techniques where appropriate:
• Mulching can be used to prevent weeds ,where turf is absent.
• Remove insects toy hand and place in soapy water or vegetable oil. Alternatively. remove insects
Wth wwater or vacuum them off the plants.
• Use species- specific traps e.g_ pheromcne -b�sed traps or colored stict:y girds)-
• Sprinkle the ground surface with abrasive diatomaceous earth to prevent infestations by soft - bodied
insects and slugs. Slugs also can be trapped in small cups filled with beer that are set in the ground
so the slugs can get in easily.
• In cases where microscopic parasites, such as bacteria and fungi, are causing damage to plants,
the affected plant material can be removed and disposed of (pruninra equipment should be
disinfected Main bleach to prevent spreading the disease organism}.
• Small mammals and birds can be excluded using, fences; netting, and tree trunF guards.
• Promote beneficial organisms. such as bats, birds, green lacewings, ladybugs, praying mantis,
ground beetles, parasitic nematodes, trichogramma wasps, seedhead weevils, and spider:, that
prey on detrimental pest species.
Training
1. Train employees on these 6MPs, storm water discharge prohibitions, and wastewater discharge
requirements.
2. Educate and train employees on the use of pesticides and pesticide application techniques.
Only employees properly trained to use pesticides can apply them.
3. Train and encourage employees to use integrated pest management techniques.
4. Train employees on proper spill coniainmentand cleanup.
• Establish training that provides employees with the proper tools and knowledge to immediately
begin cleaning up a spill.
• Ensure that employees are familiar with the site's spill control plan andlor proper spill cleanup
procedures.
• BMP V7 discusses Spill Prevention and Gontrot in detail.
5. Establish a regular training schedule, train all new employees, and conduct annual refresher
training.
G. Use a training log or similar method to document training.
Stencil storm drains
Stom, drain system signs act as highly visible source controls that are typically stenciled directly adja%r nt to
stoma drain inlets. Stencils should read ?do Dumping Drains to Ocean"_
References
California Storm'a4'ater Best Management Practice Handbook- Inductrialand Gomrrrercial. 2003.
mov .rabmphandbooks.corn
California Storm'Alater Best Management Practice Handbooks. lndustrialiCornmerd3l Best Management
Practice Handbook. Prepared by Carnp Dresser& McKee, Larry Waiker Associates, Uri be and kssociates.
Resources Pfanning Associates for Stormwater Quality Task Force. NIS,ch 1993.
K,ng CountyStornw.ater Poli bon Control Manual. Best Management Practices for Businesses. King County
Surface Water Management July 1955. On -line: http,r dnr.merrokc- �srraatr d�sispuri htm
Stormv:ater Management Manual for Western VVashington. Volume IV Source Control BMPs- Prepared by
'Nashirgton State C *pariment of Ecctogy'Afat& Quality Program. Publication No. 5.9 -14. August 200 1.
1L'' L3nd -.c3pc Mamrena_.<
Edna Park Lease (06.16.09)
Santa Ana River Channel
E01- RI551, R1553
Water Clualiti Handbook for Nurseries_ Oklahoma CroperaWe Extension Ser6ce. Di Jsion or Agricultural
Sciences and Natural Rescurces. Oklahoma State University. E -95 1. September 4999_
Far additional information contact:
County of Orange
Watershed & Coastal Resources
Storm-uater Program
(7-14)567-6a,63
or visit our website at
,A w..ocvatersheds.corn
IC7 Landscape Mfainmmn -cs
Edna Park Lease (06.16.09)
Santa Ana River Channel
E01- R1551, R1553
IC1D. OUTDOOR LOADING�UNLOADING OF MATERIALS
Best Management Practices (BhdPs)
A BMP is a technique, n ,ensure •or structural control that is
used for a given set of conditions to improve the quality of
the stormwater runoff in a cost effective manner'. The
minimum required BIVIPs for this activity are outlined in the
box. to the right_ Implementation of Nolfution
prevenuoNgood housekeeping measures may reduce or
eliminate the need to implenY -nt other, more costly or
complicated pro_:edures. Proper employee training is key
to the success of BhIP implementation_
The BMPs outlined in this fact sheet target the follcrv.ing
pollutants:
Targeted Constituents
"edimen:
;
hb�cient_
�:
Plca:a.ble t,laterial
Ivletak
;.
Bacteria
Oil a Grea_e
r.
Organics & Toxicants
Pesticides
x
Oxygen Demanding
MINIMU ?d BEST MANAGEMENT PRaCTr. I=,;
Pollution Ppe'aenton-f8cod Hour�4r;tpina
• Part vehicles and conduit loading-lunloading only in
designated foadinglunloa6ng areas so that sells or
leaks can be contained.
• Clean load ingVunloading areas regularly to remove
potential sources of pollutants.
• Reduce exposure of malcrial to rain.
• Use drip pans underneath nose and pipe
connecu"s and other leak -prone spots during liquid
transfer operations, and when making and breaking
connenons.
• Inspeez equipment regularly.
• If pcssjble. cenduc, loading and unloading in dry
weather.
ranul s',pmn drains
Training
• Train employees on tese BMPs, storm water
disc�harge prohibitions• and wastewater 6srhar+ge
requ ire merit=.
• Provide on -going employee training in pollution
praventnn.
Provided below are specific procedures associated with each of Lhe minimum BA1Ps along Arith prcv„ edures
for additional BMPs that should be considered if th is acti�rity takes place at a fa_ality located near a sensitive
waterbody. In order to meet the requirerrents for medium and high priority facilities, the ownersioperators
must select, install and maintain appropriate BMPs on site. Since the selection of the appropriate BMPs is a
site- specific-. process, he types and rumbe rs of additional BIa1Ps Mll vary for each fadli4-
1. Properly design loading unloading areas to prevent storm waterrunon, runoff of spills, etc.
• Grade andior ben, the area to prevent runon_
• Position roof dot nspouts io direct stormwater away from the area-
• Grade and(or berm the toadingfunloading area to a drain that is connected to a dead -end.
• The area -&here truck transfers take place should be raved_ If the liquid is reactive with the
asphalt. Portland cement should be used to pave the area.
• Avoid placing loadingiunloadina are?s near storm dE -sins.
2. Park vehicles and conduct loading,unloading only in designated loading)unloading areas so
that spills or leaks can be contained.
3. Clean loadingrunloading areas regularly to remove potential sources of pollutants. This includes
outside areas that are regularly covered by containers or other materials.
4. Reduce exposure of materials to rain.
Laver the loading/unloading areas_
• If a cover is unfeasible, use overharrg.s, or seals or door skirts to enclose areas.
5. Use drip pans underneath hose and pipe connections and other leak -prone spots during liquid
transfer operations, and when making and breaking connections.
EPA " Preimmqary Data Summary of ort�ar Sto M'e a.er Rent Man °racscec"
1C I O 0=1,,or Lwd,n=_'L:uloa3nz of . %La -ter —
Edna Park Lease (06.16.09)
Santa Ana River Channel
E01- R1551, R1553
Inspect equipment nt regularly
• Designate a responsible party to check uncle, deliver,., vehicles for leaking fluids. spilled
materials, delbais. or other foreign materials.
• Check loadina- unloadjng equipment regularly for leaks.
If possible, conduct loading and unloading in dry weather.
Training
1. Train employees on these BMPs, storm water discharge prohibitions. and wastewater
discharge requirements.
2. Train employees on proper spill containment and cleanup.
S Establish training that prcmdes employees Mth the proper tools and knowledge to immediately
begin cleaning up a spill.
• Ensure that employees are iamihar with the sites spill control plan an dfor proper spill cleanup
procedures.
• BMP IC 1 i discusses Spill Preventon and Control in detail.
3. Train employees on the proper techniques used during liquid transfers to avoid leaks and
spills.
4. Train forklift operators on the proper loading and unloading procedures.
5. Establish a regular training schedule, train all new employees, and conduct annual
refresher training,
S. Use a training log or similar method to document training.
Stencil storm drains
Storm drain system signs act as highly visible source controls that are typically stenciled directly adjacent to
storm drain inlets Stencils should read 'No Jumping Drains to Ocean ".
References
California Storm'ater Best Management;%ciice Handbook. Industrial and Commercial- 2003.
m wv � cabrnphand baaks.com
California Storm 14'ater Best Management Practice Flandbooks_ IndustriaUGommercial Best Management
Practice Handbook. Prepared by ,:amp Dresser& McKee, Larry O alker Associates, Uribe and Associates,
Resources Pianning ,Associates for Stormwater Quality Task Force. March 1993.
Model Urban Runoff Program: A How -To Guide for Developing Urban Runoff Programs for Small
10unicipalities. Prepared by City of !yonterey, G4 of Santa Gruz, Ca lifornia Coastal Commission; Monterey
Bay tVaiional Marine Sanctuary' Association of Monterey Bay Area Governments, Woodw-ard'' l'yde, Central
Coast Regional ^rater Quality Control Board. July 19°$ (Revised February 20102 by the California Goastal~
Commission).
Stormwater Man agen ant Manual for We stem .Washington. Volume IV SOULVe Control BMPs. Prepared by
'A'a.shington State Department of Ecology Water Quality Program. Publication No. 49-14. August 2071.
For additional information contact:
County of Orange
*atershe; & Coastal Resource,;
Storrwater Proararn
(714)-9fj:7-6363
or visit our vrebsite at
Aat @!Surds.com
IC 10 0•stdoor Load n_e'� alo dam= of
Edna Park Lease (06.16.09)
Santa Ana River Channel
E01- R1551, R1553
R-5
DISPOSAL OF PET WASTES
Pet waste-, left ill t11e ell iroilnleilt may iiltiodttce solid,
bacteria, anti rtutr'ients to the storm drawl . The .t -pe arld
gtt~:ntity of dictate the pi -,er clisposal
method. Ln 111 qiimltities of waste are Ixest clisposed
wit11 regular h rill or ntished do:,-j1 a toilet. Large
LTU- tltitiee of i,-a.teo fi•onl liertn• ore at-i_u als may be
composted for =.u1 ecluerlt use or disposal to lailcttill.
Pick up after:•ottr pet! It's as e..v as 1-2-3. 1) Brji-, a
bag, 2`1 Cleaii it tip, 3) Lei` -pose of it 1:n:operly (toilet x
tra.sll). The polltttiorl prevention activities otrtliiled ir1
t11is fact sheets are used to prevent the di ch,u-ge of
pollutlrlts to the _torus drain system.
The activities outlined in this fact
sheet target the following
pollutants:
,,edimen;
x
I�luhient
x
Bacteria
x
Foaming Agents
bie1��
Hydrecarbom
Hazardous Mmerials
Pesticides ird
Herbicides
Other
Think before volt dispose of an[- pet wastes, Remember - The ocecui staffs at 3-ottr front
door,
Required Activities
X11 pet v: antes must be picked up and properly disposed of. Pet z, ante sltottld l,e
clisp o: ed of ia1 the rege-Ltlar tra.sll, flushed dovnl a toilet, or• composted as -pe gild
lItt alltities clictate.
• ProPerly dispose of tulttsed flea control products (shampoo, sprays, or collars).
Mailitre produced 1n7 liv-eotuck ill tulco krered area tiliattlt� be removed at leas It
duly for coulpostiilg, or storage iii water-tight corltamer t aYor to di- sposal, ti!e:-er
hose dov.m to streanj or stole, drain. Caulpostirlg of storage are&S chottld be
cordigtued and may -itaii-ted so art not to allow contact with r'tuloff. Compost njajr
be don,l ted to 9PCeenllott_.es, ntu3el7eG, aild bot shoal parks. Topsoil comparaes
,uidcorllPostill' centers may abo accept composted nlarltue.
Lille v: ante pits or tre71ches with all iulpeimieable layer, such as thick plastic
- 1leetirlg.
• jNli ri possible, alloy; water to irlfil Irate into the grotulcl,, or coil c ct ut ,, I
area that is rooted to t11e sar1it r sewer.
• Corlfirle livestock irl fenced in area , except dtuitlg exercise aitd grazing times,
Restrict ailimll access to creeks and. stream:,, preferl,1I, Ln- feasting.
For additional information contact:
County of Or in4e. ;Watershed & Goastal Resources - Storm water Program
(711)567 -6363 or visit our vrebsite at wwv:.oc,vatersheds.com
Edna Park Lease (06.16.09)
Santa Ana River Channel
E01- R1551, R1553
• TiL tall �tttters tliat v;ill divert roof rtuloff NW, v f L I li�-�tocli are ts.
Recommended Activities
• In order to properlt- dispose of pet vti i tr. utxi1 - ba , j-,o,apex- -:,cocj,.n, rn
eclttit al -exit to safely- luck up Pet w:,-,te. while -,riltking, with pets.
• Baffle Pet_ indoors and use less toxic shampoos. �Nllellpossible, hm.�epets
profer:siollally groomed.
• Properly- illoctilate vcrvu pet i11 older to mai11tain their llealtll u-Ld fedILIce t1le
possibilih'
of patlloaell u1 pet wastes.
• VS untau� liealtllc and � 'oraus P-Istures v-rth at least three mclles of left:-
utatczYal.
• Coil idei indoor feeduiqg of livestock dwirlg hea-,j, rLlirlf jjU, to Ilia do -lize n1allttre
exposed to potential lYuloff,
• Locate b ui :, corrals, asld ofher lli'h tine areas cm Portion, of pr%)e rtt- tlx: ;t eitlxn•
dt a-, awaj- from or are located distiuit form ilecvby creeks or stolnl dlaiYl .
For additional information contact:
County of Orange. Watershed & Crjastal Resources - Stormmater Frogranv
(714)567-6363 or visit our hebsite at. AY- rv:.omvat &sheds.c-,rll
Edna Park Lease (06.16.09)
Santa Ana River Channel
E01- R1551, R1553
Site Design & Landscape Planning! SD -10
Design Objectives
.f
Maximize Infiftratian
v"
'Oro ide Retenticr,
.f
Slow Runoff
f
Minimize Impervious Land
Coverage
Prohkbit Dumping of Improper
Ma<erials
Comair, Pollutants
Collec-: and Convey
Description
t:ach prr,ject site possesses unique tolmgr�pbic, hydrologic. and vegetative fcatua'es, same of
Iditch are snore suitable for dev'elot)tnent than Others, integrating and iticorp- orating
appropriate landscape planning tnetliodolog,ies into the project design is the most effective
action that call be done to nninitnize surface and groundlvater contamination front storinivater.
Approach
Landscape planning should Couple consideration of land suitability for urban uses "ith
consideration of corntnu.nity goals and pri,jected grotinit. Project plan designs should conserve
natural areas to the extent possible. maximize natural water storage and infiltt °ation
opportunities. and 1)rutecL slopes and channels.
Suitable Applications
pluol)riatc a►)plica[iatls include residential. conitnercial and industrial areas planned for
developillent or rode% elopment.
Design Considerations
Design requirenients for site design and landscapes planning should conform to applicable
standards and specifications of agencies vnth jurisdiction and be consistent with alss)lic�blc
General Plan and Local Area Plan uolicies-
_"L U�.SCIA
i irornia - -
Stormwater
Quality
Atsociation
3anUanj 2003 Caliro,nia Starmwater BMP Handbook 1 of 4
New Development and Redevelopment
w•,vw, cabm pha ndbooks, cocas
Edna Park Lease (06.16.09)
Santa Ana River Channel
E01- R1551, R1553
SD -10 Site Design & Landscape Planning
Ucsiytlirly New Insfuliutiuns
Begirt thc,&%elopnient of a plan for the landscape unlit 14ith attention to the following general
Principles:
• Formulate the [',fail on the basis of clearly articulated commullitl' goals. Carefulll' identify
conflicts and choices between retaining and protecting desired resources and coninlunih
groti uh-
■ -%-lap aril assess land suital)ility for urban uses. Ineiude the follrn:}ing landscape features it)
the assessment: v%ooded land, open unwooded land, steel) slopes, erosion -prone soils,
foundation suitability'. SOO Sctital)ility for waste disposal, aquifir-s, aquifer recharge areas,
wetlands, flocAplains, surface waters. agricultural lands, and carious categories of urban
land use. When appropriate, the assessment cart highlight Outstanding local or regional
resources that tile community determines, should be pr-
otected (e.2., a scenic area,
recreational area, threatened species habitat. farniland, Fish run). Mapping and assessment
should recognise not only these resources but also additional areas needed for their
Sustenance.
Project plan designs should consurwe natural areas to the extent possible, maximize natural
++rater storage and infiltration upporttlitities, and Protect slopes and channels.
Conserve Natural Areas darinq Landscape Planning
if applicable, Lite f011owing items are required and must be implemented in the site layout
during the -subdivision design and approval process, consistent with applicable General Plan and
LA-wal Area Plan policies:
■ Cluster development ore least- scncitivc: lxrtions of a site while leming the relnaiains land in
a natural undisturbed condition.
■ Limit clearing and grading of native vegetation at a site to the rninimum amount needed to
build lots, alto- access, acid pro%idc. fire protection.
• A•taxirnize trees and other vegetation at each site b%, planting additional vegetations, clustering
tree areas, and promoting the usu of dative and/or drought tolerant plants_
■ Promote natural vegetation by using parking lot islands and other landscaped areas.
• Yre -qurve rif)arian al'Cas and wetland5.
�12rirrltre,l`attcrat W'Oler Slorage and Infiltration, Opportunities 1i'ithin the Larulscape Knit
• Protlleite the conservation of forest cover. Building on land that is already deforested affects
basill 11vdrology to a lesser extent thall converting forested land. Los of forest corer reduces
interception sic: rage, detention in the organic: fcue�t ilaor layer. and (oaten losses fry
evapotranspiration. resulting in large peal- runoff increases and either their negatir•e effects
or Lite expense of Countering then) with structural solutions.
• Nlalntaln natural Storage reservoirs arid drainage corridors, includi:rlg depressions, areas of
permeable soils. swales, and intermittent streams. Develop and implement policies and
of CaVo nia Stor-mwatc- BW Handbook January 2002
New Development and Redevelopment
'.V w W . cabmp ha ndbooks. corn
Edna Park Lease (06.16.09)
Santa Ana River Channel
E01- R1551, R1553
Site Design & Landscape Planning S -10
regulatlullti to discourage the clearing, tilling, and chaunelization of these features. Utilize
tllerlt >itl drainage networks in preference to pipes, culverts, arid e:ngitleered flitches.
■ EvaluaLing infiltration opportunities by referring to tale stotrnwater management manual For
the jurisdiction and pay particular attention [o tI1C selection criteria far avoiding
groundwater contarrunation, poor soils, and hydrogeological conditions that cause these
facilities to fail. If necessary, locate developments vdth large arltoullts of impervious
surfaces or a potential to produce relatively contaminated runoff away' from groundwater
re charge areas.
PY- Oteetion of 5lnj;cs and Channels during Landscape Des!gn
■ ConVev runoff safely from the Lops of slopes.
Ave-)id disturbing steep or unstable slopes.
■ Avoid disturbing natural channels_
■ Stabilize diStUrbed slopes as quickly as possible.
• Vegetate slopes v4ith native or drought tolerant vegetation.
• Control and treat flows in landscaping acid /orothercontrols prior to reaching existing
natural drainage systems.
• Stabilize terllporary and permanent channel crossings as quickly as possible, and ensure that
increases ill run -off velocity' and frequenev caused by the project do not erode the channel.
• Install energy dissipaters, such as riprap, at the outlets of new storm drains. culverts.
C011duits, or cllanneLS that enter unlined channels. irl accordance with applicable
sped Flea tiorls to minimize erosion. Energy dissipaters shall be installed in such a Nvay as to
tllinittlize impacts to receiving waters.
• Line 011 -site conveyance channels where appropriate, to reduce erosion caused by increased
flow velocity due to increases in tributary imperious area. The first choice for linings
should be grass or some other vegetative surface, since these materials not only reduce
runoff volocities, but also larakide water quality, benefits front filtration and infiltration. If
velocities ill the channel are high enough to erode grass or other vegetative linings, riprap,
concrete. soil cement, or geo -grid stabilization are other alternatives.
■ Consider other design principles that are comparable and equally effective..
l2cdc uc Iu�rlrty h.visfiny instulfutions
Various jurisdictional storrnlv'ater management and mitigation plans. (SUSNip, VvQ_Njp, etc.}
define `redevelopment" in terms of amounts of additional ialpellious area, illercases ul gross
floor area and /or exterior construction_ and land disturbing, actiAties Mth structural or
impervious surfaces. The definition of - redevelopment" must be. consulted to determine.
Whether or not the requirements for new development apply to areas ititended for
redevelopment_ If the d.ehrdtion applies, the steps outlined udder "designing new installations'
above should be followed.
January 2003 California Stol-mvrater BMP Handbook 3 of 4
New Development and Redevelopment
%Y\- w.cabmphandbooks.com
Edna Park Lease (06.16.09)
Santa Ana River Channel
E01- R1551, R1553
SD -10 Site Design & Landscape Plannin
KedCvuI0pment may present significant oppor Limit-, to add features which had trot pre6ousl }-
been inll-,tOt- VenLed. Examples include Incorporation of depressions, areas of permeable soils.
and sales in newly redeveloped areas, While some site constraints mavLxist due to tlx: status
of already existing infrastructure ol>lx;rtunities should not be missed to maximize influatiori,
slow runoff, reduce imper0ous areas. disconnect di.rcetlY connected imper 6ous areas.
Other Resources
A t•4anual for tine Standard Urban StoralHater ,�•Lltigatiorl flan I'SUSNIP), L.os Angeles Count;;
1)0P3r-ttnent of Public W*Or14;, Ma '20021.
L
Storm,.cater Management - Mallual for Western Washington, b1'ashington State DepartlItent of
Leology, August 2001.
Alodel Standard Urban Storm lVater N11tigation Plan (SUSMP) for San Diego County, Port of
San Diego, and Cities in San Diego County, lfebruar�, 1.1, 2t�02.
,MOM 1Vater ()utility -Nlanal ement Plan (WQMF) for Count) of Orange, Orange Counter blood
Control Dl strict. and the Incorporated Cities of Orange County, Draft Februarv:mwi.
V011t ra CountYwide Technical Guidance -Manual for Stormwater C�uality Control Measures. ul. 2002.
4 of 4 Calarornia Stormwater EMP Handbook January 2003
New Gevelopmentand Redevelopment
W w%4. cabm pka ndbooks.co m
Edna Park Lease (06.16.09)
Santa Ana River Channel
E01- R1551, R1553
Efficient Irrigation D-
Mmw�
Description
Design Objectives
✓
Maximize Infiltration
v"
Proviie Retention
,i
Slew Runoff
Minimize Impervious Land
Coverage
Prohibit Dumping of Improper
MaseriaL
Contain Pollutants
Collect and Convey
lrrigatian water }lro%icicd to landscaped areas lnaV result ill excess itnigation water being
coins e.ved illto Stol`lnwater drainage systetns-
Approach
Project plan designs for der elop inent and redevelopment should include application methods of
irrigation %%ater that tlllnlnllle runcifl of e!tCess irrigation 1,rater into tale stonriwater, cotiveya lice
systelll.
Suitable Applications
:appropriate applicatiolls include residential. cominercial and industrial areas planned for
development or redevc[lopnl ell L (Dc'taclled re- sidetltial siiig1C- lailllly ilOtlleS al`C iyplcahl'
excluded frorll this req.uire.11lellt.)
Design Considerations
I)esiyrrirty New Inttito Hal jolts
1110 fo110,6llg 1110Lhods to reduce excessive irrigation runoff should be considered, and
incolPorated and 1lnpleme.t1Led where determined applicable and f, asiblc by the Pernlittee:
• l.11lplov rain - triggered shutoff de%ic.cs to lrreVent i.rligation after precipitation.
• Design irrigation systems to each landscape area's specific. water requit'1C111 - ".
■ Include design featuring floe,,' reducers or shuloff valves triggered by a pressure droll to
control Neater loss in tile event of broken sprinkler heads or lines.
■ IInplenlent landscape plans consistent «•itll CoLaIty or Cite w ater consel7'ation resolutions,.
Which illav include proLision of water sensors... prograninlable
irrigation tittles (for Short cvclesl, etc. A S Q A
_ [arlrornia
stormwater
Quality
Association
January 2003 Ca.liinmia Starmwatev BMP Handbook 1 of 2
New Development and Redevelopment
www.cabmphandbooks.com
Edna Park Lease (06.16.09)
Santa Ana River Channel
E01- R1551, R1553
SD -12 Efficient Irrigation
• Design tit unrE - and application methods of irrigation water to 111illit1lize, the runoff of excess
!1`rE9i]hi?ll 4�ater n1tO tie stoIm -a ter drainage s ystem.
• Group plants with similar ?vatcr requirernents in order to reduce excess irrigation runuff and
promote Surface filttaUOn. Choose plants with low irrigation requirements (for example,
native or ti,lerant speciesl. Consider design features sucll as:
Using Mulches (such as wood chips or bar) in planter a.reaS Witlaut ground coc'er to
1111nirnize sedlrl?ent in runoff
Instilling appropriate plant 111ateaiaLs for the location, in accordance frith amount of
sunlight and elil?late, and use natiVO plant materials whew possibie old /or as
recommended by the landscape irehilect
Lc <:i.i!lg a vegetative barrier along the 1,raperL)' "LlIdall and interior WatercuurSes. to
ac.t :.E a pollutant filter, «here appropriate and feasible
C1100Shun- plants that minimize or clirlinate Lhe use of fettdi.zer or pesticides to sustain
gro%ti I-!
■ Lrnplov oilier ca1111,11•able, equallY effective methods Lo reduce irrigation water runoff.
Redeve(nlriny lixisliny Lrlslullulions
Vat'iOUS jurisdictional stcsrrn,.vater management and mitigation plans (SUSNIP, kvQjNlP. etc.)
defitu 'reclEVelilprnellt` in terms of amounts of additional impel "ous area, increases in gross~
floor area and /or extelior const ucdon. and land disturbing act -h ities with structural or
i11 ?pellicsrrs surface. '!'he dcfinitioll of " r•edecelollment" 1t ?ust be consulted tli deterlllirlc
whether or 'lot the requirements for new development apply? to areas intended for
1`e(let'elOptllelll. 11 the definitlull 3plillES, the Steps outllrled under - designillg ncnv installations"
above should be fnflowud_
Other Resources
A Manual for the Standard Urban Stol`m"ater Mitigation Plan (SUSNIP). Los Angeles County
Department of Public Works. may 2oo2.
Model Standard Urban Storm LVater Mitigation Plan (SUSNIP) for San Diego Colnity, Port of
San Diego. and Cities to San ]_)sego Coullt�. f ^ebruary 14, 2002.
J"ode1 1�'atcl• (luaIitr• Nlanagem ent Flan (41 +QAIP) for' C:oullty of Urange, Oraltg+ County Flood
C:olnrcd Llistrict.:ind the Incorporated Cides of Orange C OUnLy, Drijft Pcbruat)! 2041;4.
Ventura Count vide •f'eehnical Cuid nee Manual for Storim- ater Quality Cont-roi Measures.
Jolt•2o02.
of ` Califomia 5tor-mvrater• Er+9p Handbook January 1-003
New Development and Redevelopment
ww. ;•r. cabm pha ndbooks.co m
Edna Park Lease (06.16.09)
Santa Ana River Channel
E01- R1551, R1553
Trash Storage Areas SD -32
MMMMMM�
Description Design Objectives
11'asll,lOE';igC area are area, t%,heru a trash I,eccptacle (-s) are Maximize Infiltrawn
lOCBted for Ilse as a repositolT Cot' solid waste,. ot0[7r1wate[' =''rc;ide Retznticn
runoff frclln areas where trash is stored or disposed of can be
polluted. In addition, loose trash and debris call be. easily' Slow Rurn�ff
transported I ?t' water of uilld into nearby, stone dlllln inlet,. k inimize Impervious Land
channek and /or creek,_ b1'nste handling operations that nia. , he ':'o'v'erage
sources of stornlwator pollution include dulllpsters, litter control. ?rohibtDumping cf Imprr-.per
and waste pile,. Ufa iElldl ^o
Approach .( Contain Pollutants
This fact sheet. Ci1t3115 dllallti Ul the s1eclfC t[eaSlttes CELul'ed Collec:and C'.onvty
to prevent or reduce pollutantS ill Strlrllurater runoff associated
-iffi trash storage and handling. Preventative ]neasures
including enclosure,. contalutnellt SLl'L1CLLl1'e:S, and lrnllel"aOLls
PavelneliLs to Luititate shills, Should be used to reduce the
likelihood of c'ontanilliation.
Suitable Applications
approl-,riate applic•ati(jrls include residential. corllnlercial and industrial areas planned for
deN.010Plllent or redeVeloplment. (Detached reSlderidal single- family homes are tyj)icaliy
excluded frorn this reduircillent.)
Design Considerations
Design requireuictlLs for -aste handling areas are governed by Building and Fire Codes. and bx
current local agency ordinances and zoning requireinerlLS. The design criteria described in this
fact sheet are nleanL to enhance and lie consistent tivith these code and ordinance requirements.
Hazardous waste should be handled in accordance uitil legal requirements established in'ride
California Code of Kr:.gulatioll.
tVaAes fI-0111 cWillnercial and industrial Sites are twllically hauled by eidler public or commercial
Carl'tel� thdL may have design or access requirements for waste storaoe areas. The design
cr1Leria In this tact sheet are recommendations and are not intended to be In conflict vith
requlrelnents established by the• % aste hauler. The waste hauler Should be contacted prior to the
deSi_gtl 01 VCILII'site Crash U1llectloll area,. COnfllcLS orissiles should be discussed with tile local
agency.
Designing _vviv ills tctliutiurls
Trash storage areas should be designed to consider the following structural of treatment control
li `1 ps;
• Design trash container areas so that drainage from adjoining roofs arld pavement is dig cited
around the area(s) to avoid run -on. This Alight include bernling
orgrading the waste handling area to prevent run -an of
sterinwater. CAS OA
• Make Sure trash container areas are screened or walled to % Stiormwatqr
Prevent off -site Lransport of trash. Quality
Assotiation
January _1003 Califomia Stormwate- SNIP Handbook 1 of
New Development and Redevelopment
www. cabrn pha ndbooks. co m
Edna Park Lease (06.16.09)
Santa Ana River Channel
E01- R1551, R1553
SD -32 Trash Storage areas
• Use lined bins or dunhpstets to induce leaking of liquid waste.
• Provide roois, awnings, or attached lids ein all L-rash e0ntainet� to rninimize direct
precipitation and prevent rainfall ft•otll entering containers.
• Pave tr."sh storage areas with an impervious surface to nlitigate spills.
• Do not locate storm dlaiYls in immediate Ocinit�, of-the trash storage area_
■ post signs Gil all durnosters in',ortning users that hazardous materials are not to be disposed
iii Ill erein.
Re fie aef ply iIIg I.tisI ill y If Is I (111(11 ions
Various iur isdictional stortnlvater nlanagenhent and ill it5atiiin plans (SUSAIP. kvQ -M P, etc.)
define `redevelopinent° in terms of attiountti of additional impervious at-ea. increases in gross
floor are,? and/or exterior construction, and laird disturbing actYk7tles 117th structural Or
inhpeMous surfaees. Tile definition of " redevelopm en C [Must be consulted to determine
whether or not the requlr•elnetrts for nev., develcipinent apply to areas intended for redevelol,illent_ If the definition applies, the steps outlined under -designh)g new installations"
above should be followed.
Additional Information
31(linlellance (.'crrisidevuliuns
The integrity Of structural elements that are subject to daruage (he., screeds, covers, and sins)
"It1St be Mintained by the o1+71er /operator, NIal g
!4LlIe4ceY ie (Mal
ageuc�
and the i„ +)ter; opetator tn.1% be required. SO111C agencies 11111 reiluire ttlaintenance deed
restrictions to be. recorded of the property title. if required by the local agenct,, nhaintenance
agreement~ or deed restrictions must be executed by the owner/. operator before improvetnerlt
plans are approved.
Other Resources
A Manual for the Standard Urhzul Stormwater I4iitigation flan (SUsMp,), Los Angeles County
Department of Public Works. Mav 2002.
plodel Standard Urban Storrs! Dilater Mitigation Plan (SUSNIP) for San Diego County. Port of
San Diego, and Cities nh Sail Diego Cotinty, FebrttarV 1,1, 2002,
Model Water Quality Management Plan (11 OU) for County of Orange, Orange County flood
Control District, and the Incorporated Cities of ()range COUnl:v. Draft Februaiv 2003,
V011tttra C'actrltV \vide Technical Cuid Mice Manua] for Stormwate:r Quality Control pleasures,
.Jule 2002.
2 or 2 Calfomia Stormwate,- 3hm Handbook January 2003
New Development and Redevelopment
www. cabm pha,tidbooks.com
Edna Park Lease (06.16.09)
Santa Ana River Channel
E01- R1551, R1553
Solid Waste Management WK-5
Description and Purpose
Solid waste management procedures and practices are designed
to prevent or reduce the discharge of pollutants to stormwater
from solid or construction haste by providing designated waste
collection areas and containers, arranging for regular disposal.
and training employees and subcontractors.
Suitable Applicatiolns
This BIMP is suitable for construction sites inhere the following
wastes are generated or stored:
■ Solid waste generated from trees and sluvbs removed
during land clearing, demolition of existing structures
(rubble), and building construction
• Packaging materials including wood, paper, and plastic
• Scrap or surplus building materials including scrap metals,
rubber, plastic, glass pieces and masonry products
• Domestic wastes including food containers such as beverage
cans, coffee cups. paper bags, plastic wrappers, and
cigarettes
■ Constriction wastes including brick, mortar, timber, steel
and metal scraps, pipe and electrical cuttings, non-
hazardous equipment parts, styrofoam and other materials
used to transport and package construction materials
Objectives
EC Erosion Cm-rol
SE �ciment Control
TC Tracking Control
WE idind Erosion Control
NS Non- Stomnva-er
Management Control
r1gA Waste Managernene and
✓
Materials PolluDon Control
Legend:
V Priniary objective
I Secondary objective
Targeted Constituents
Sediment
Nutrien -s
f
Trash
Metais
V
Baste ria
Oil and Grease
Organics
,r
Potential Alternatives
V GA
ater
lity
sociatlon
Januar 20J3 Cali,ornia Stor-mwater 3MP Handbook y of
Construction
ww w. ca brn phandbooks, corn
Edna Park Lease (06.16.09)
Santa Ana River Channel
E01- R1551, R1553
WM -5 Solid Waste Management
Highway plantinng wastes, including vegetative material, plant containers, and packaging
nlatel�idl5
Limitations
Temporary stock - piling of certain construction wastes may not necessitate stringent drainage
related controls during the non -rainy season or in desert areas with low rainfall.
Innplementation
The following steps trill help keep a clean site and reduce stormwater pollution:
• Select designated waste. collection areas onsite..
• Inform trash - hauling contractors that You Will accept only watertight dumpsters for onsite
use.. Inspect dumpsters for leaks and repair any dumpster that is not watertight,
• Locate containers in a covered area or in a secondary containment.
• Provide an adequate number of containers With lids or carers that can be. placed over the
container to keep rain out or to prevent Ioss of wastes when it is windy.
• Plan for additional containers and more frequent pickup during the demolition phase of
construction.
• Collect site trash daily. especially during rain- and «•indy conditions.
• Remove. this solid waste promptly since erosion and sediment control devices tend to collect
litter.
E `Make sure that toxic liquid ivastes fused oils, solvents, and paints) and chemicals (acids,
pesticides. additives, curing compounds-) are not disposed of in dumpsters designated for
construction debris.
Do not hose out dumpsters on the construction site:. Leave dumpster cleaning to the trash
hauling contractor,
• :grange for regular waste collection before containers overflow.
• Clean up immediately if a container does spill.
• IN-lake sure that construction waste is collected, removed, and disposed of only at authorized
disposal areas.
Educcition
• Have the contractor's superintendent or representative oversee and enforce proper solid
waste management procedures and practices.
• Instruct employees and subcontractors on identification of Solid waste and hazardous waste,
• Educate employees and subcontractors on solid waste storage and disposal procedures.
'_ of 4 CaVornia StoranalatEr 2d.4P Handbook ]anuar� 27
Construction
www. cabin phandbooks. corn
Edna Park Lease (06.16.09)
Santa Ana River Channel
E01- R1551, R1553
Solid Waste Management WM -5
• Hold regular meetings to discuss and reinforce disposal procedures (incorporate into regular
safety,meetings).
• Require that employees and subcontractors follow- solid waste handling and storage
procedures.
• Prohibit littering by employees, subcontractors, and visitors.
• Alinimize production of solid waste materials wherever possible.
Collection. Storage, acid Disposal
• Littering on the project site should be prohibited.
• To.prevent clogging ofthestorm drainage s�stenr, litter and debris removal from drainage
grates, trash racks, and ditch lures should be a priority.
• Trash receptacles should be provided in the contractor's yard, field trailer areas, and at
locations where workers congregate for lunch and break periods.
• Litter from work areas within the construction limits of the project site should be collected
and placed in watertight dumpsters at least w•eel -ly, regardless of whether the litter was
generated by the contractor, the public, or others. Collected litter and debris should not be
placed in or nek-t to drain inlets, stormw-ater drainage systenns, or watercourses.
• Dumpsters of sufficient size and number should be provided to contain the solid waste
generated by the project.
• Full dumpsters should be removed from the project site and the contents should be disposed
of by the trash hauling contractor.
• Construction debris and tiwaste should be removed from the site biweekly or more frequently
as needed.
• Construction material visible to the public should be stored or stacked in an orderly manner.
• Stormivater runon should be prevented from contacting stored solid waste through the use
of berms, dikes, or othe=r temporary diversion structures or through the use of measures to
elevate ;waste from site surfaces.
• Solid waste storage areas should be locate=d at le=ast 50 ft from drainage facilities and
watercourses and should not be located in areas prone to flooding or ponding.
• Except during fair weather, construction and highway planting waste not store=d in
watertight dumpsters should be securely covered from wind and rain by covering the waste
with tarps or plastic.
• Segregate potentially hazardous waste from non - hazardous construction site waste.
■ Make sure that toxic liquid wastes (used oils, solvents, and paints) and chemicals (acids.
pesticides, additives, curing compounds) are not disposed of in dumpsters designated for
construction debris.
Januaiy 2003 Calirornia Stormwatc -r• WIT Handbook 3 of 4
Construction
www.cabrnphandbooks.com
Edna Park Lease (06.16.09)
Santa Ana River Channel
E01 -R 1551, R1553
WM -5 Stolid Waste Management
• For disposal of hazardous waste. sere wii -o, Hazardous lVaste Management. Have
hazardous waste hauled to an appropriate disposal and /or recycling facility
• Salvage or recycle useful vegetation debris, packaging and surplus building materials when
practical. For example, trees and shrubs from land clearing can be used as a brush barrier,
or converted into wood chips, then used as mulch on graded areas. Wood pallets. cardboard
boxes, and construction scraps can also be recycled.
Costs
All of the above are low cost measures.
Inspection and Maintenance
• Inspect and veriA? that actiNrity —based BAIPs are in place prior to the commencement of
associated activities. While activities associated with the BMP are mider wad =, inspect weekly
during the rainy season and of N-o -week intervals in the non - rainy season to verify
continued BMP implementation.
• Inspect BDIPs subject to non- stormlater discharge dailywhile non- stormwater discharges:
occur
■ Inspect construction tivaste area regularly.
■ Arrange for regular waste collection.
References
Processes, Procedures and Methods to Control Pollution Resulting liom All Construction
Activity. 43ofo -73 -007, USEPA, 1078.
Stormwater Quality Handbooks - Construction Site Best Management Practices (BIIPs) Manual,
State. of California Department of Transportation (Caltrans), November 2000.
Storurwater Management for Construction Activities; E]eveloping Pollution Prevention Plans
and Best Management Practice, EP?. 632- R- g2oo5; USEPA, April rgga.
4 of G California Stormwrater BW Handbook January 2043
Construction
%v%Tw. cabm phandbooks.com
Edna Park Lease (06.16.09)
Santa Ana River Channel
E01-R1551, R1553
EXHIBIT E
GENERAL CONDITIONS (PMGE1.2 -29.1)
1. TIME, (PMGE1.2 S)
Time is of the essence of this Lease. Failure to comply with any time requirement of this Lease shall
constitute a material breach of this Lease.
2. SIGNS (PMGE2.2 N)
TENANT agrees not to construct, maintain, or allow any signs, banners, flags, etc., upon the
Premises except as approved by Director. TENANT further agrees not to construct, maintain, or
allow billboards or outdoor advertising signs upon the Premises. Such signs are prohibited on
DISTRICT property by Resolutions F60 -23 and F60 -65 of DISTRICT'S Board of Supervisors.
Unapproved signs, banners, flags, etc., may be removed by Director at TENANT'S expense without
prior notice to TENANT.
3. PERMITS AND LICENSES (PMGE3.2 S)
TENANT shall be required to obtain any and all approvals, permits and/or licenses which may be
required in connection with the operation of the Premises as set out herein. No permit, approval, or
consent given hereunder by DISTRICT, in its governmental capacity, shall affect or limit
TENANT'S obligations hereunder, nor shall any approvals or consents given by DISTRICT, as a
party to this Lease, be deemed approval as to compliance or conformance with applicable
governmental codes, laws, rules, or regulations.
4. LEASE ORGANIZATION (PMGE5.2 S)
The various headings and numbers herein, the grouping of provisions of this Lease into separate
clauses and paragraphs, and the organization hereof, are for the purpose of convenience only and
shall not be considered otherwise.
5. AMENDMENTS (PMGE6.2 S)
This Lease is the sole and only agreement between the parties regarding the subject matter hereof,
other agreements, either oral or written, are void. Any changes to this Lease shall be in writing and
shall be properly executed by both parties.
6. UNLAWFUL USE (PMGE7.2 N)
TENANT agrees no improvements nor vending machines shall be erected, placed upon, operated,
nor maintained within the Premises, nor any business conducted or carried on therein or therefrom,
in violation of the terms of this Lease, or of any regulation, order of law, statute, bylaw, or ordinance
of a governmental agency having jurisdiction.
7. NONDISCRIMINATION (PMGE8.2 S)
TENANT agrees not to discriminate against any person or class of persons by reason of sex, age,
race, color, creed, physical handicap, or national origin in employment practices and in the activities
conducted pursuant to this Lease. TENANT shall make its accommodations and services available
to the public on fair and reasonable terms.
Edna Park Lease (06.16.09)
Santa Ana River Channel
E01- R1551, R1553
S. INSPECTION (PMGE9.2 S)
DISTRICT or its authorized representative shall have the right at all reasonable times to inspect the
Premises to determine if the provisions of this Lease are being complied with.
9. HOLD HARMLESS (PMGE10.2 S)
TENANT hereby releases and waives all claims and recourse against DISTRICT, and County of
Orange ( "COUNTY ") including the right of contribution for loss or damage of persons or property,
arising from, growing out of or in any way connected with or related to this Lease except claims
arising from the concurrent active or sole negligence of DISTRICT and/or COUNTY, their officers,
agents, employees and contractors. TENANT hereby agrees to indemnify, defend (with counsel
approved in writing by DISTRICT), and hold harmless, DISTRICT and COUNTY, their elected and
appointed officials, officers, agents, employees and contractors against any and all claims, losses,
demands, damages, cost, expenses or liability for injury to any persons or property, arising out of the
operation or maintenance of the property described herein, and/or TENANT'S exercise of the rights
under this Lease, except for liability arising out of the concurrent active or sole negligence of
DISTRICT, and/or COUNTY, their elected and appointed officials, officers, agents, employees or
contractors including the cost of defense of any lawsuit arising therefrom. If DISTRICT or
COUNTY is /are named as co- defendant(s) in a lawsuit, TENANT shall notify DISTRICT of such
fact and shall represent DISTRICT /COUNTY in such legal action unless DISTRICT /COUNTY
undertakes to represent itself /themselves as co- defendant(s) in such legal action, in which event,
TENANT shall pay to DISTRICT /COUNTY its /their litigation costs, expenses, and attorneys' fees.
If judgment is entered against DISTRICT /COUNTY and TENANT by a court of competent
jurisdiction because of the concurrent active negligence of DISTRICT /COUNTY and TENANT,
DISTRICT and TENANT agree that liability will be apportioned as determined by the court. Neither
party shall request a jury apportionment.
TENANT acknowledges that it is familiar with the language and provisions of California Civil Code
Section 1542 which provides as follows:
A general release does not extend to claims which the creditor does not know or suspect to
exist in his favor at the time of executing the release, which, if known by him, must have
materially affected his settlement with the debtor.
TENANT, being aware of and understanding the terns of Section 1542, hereby waives all benefit of
its provisions to the extent described in this paragraph.
10. TAXES AND ASSESSMENTS (PMGE11.2 S)
This Lease 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 Premises or upon fixtures,
equipment, or other property installed or constructed thereon, shall be the full responsibility of
TENANT, and TENANT shall cause said taxes and assessments to be paid promptly.
11. SUCCESSORS IN INTEREST (PMGE12.2 S)
Unless otherwise provided in this Lease, the terms, covenants, and conditions contained herein shall
apply to and bind the heirs, successors, executors, administrators, and assigns of all the parties
hereto, all of whom shall be jointly and severally liable hereunder.
Edna Park Lease (06.16.09)
M
Santa Ana River Channel
E01- R1551, R1553
12. CIRCUMSTANCES WHICH EXCUSE PERFORMANCE (PMGE13.2 S)
If either party shall be delayed or prevented from the performance of any act required hereunder by
reason of Acts of God, restrictive governmental laws or regulations, 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 the 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 Clause shall
excuse TENANT from the prompt payment of any rental or other charge required of TENANT
except as may be expressly provided elsewhere in this Lease
13. PARTIAL INVALIDITY (PMGE14.2 S)
If any term, covenant, condition, or provision of this Lease 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.
14. WAIVER OF RIGHTS (PMGE15.2 S)
The failure of DISTRICT or TENANT to insist upon strict performance of any of the terms,
covenants, or conditions of this Lease shall not be deemed a waiver of any right or remedy that
DISTRICT or TENANT may have, and shall not be deemed a waiver of the right to require strict
performance of all the terms, covenants, and conditions of the Lease thereafter, nor a waiver of any
remedy for the subsequent breach or default of any term, covenant, or condition of the Lease. Any
waiver, in order to be effective, must be signed by the party whose right or remedy is being waived.
15. DEFAULT AND REMEDIES (PMGE16.2 N)
A. Events Of Default
The occurrence of any one or more of the following events shall constitute a default hereunder
by TENANT:
1. The abandonment or vacation of the Premises by TENANT.
2. The failure by TENANT to make any payment of rent or any other sum payable
hereunder by TENANT, as and when due, where such failure shall continue for a period
of three (3) days after written notice thereof from DISTRICT to TENANT; 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.
;. The failure or inability by TENANT to observe or perform any of the provisions of this
Lease to be observed or performed by TENANT, other than specified in subparagraphs
A.1. or A.2. above, where such failure shall continue for a period of ten (10) days after
written notice thereof from DISTRICT to TENANT; 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 TENANT but that more than ten (10) days are
reasonably required for its cure (for any reason other than financial inability), then
TENANT shall not be deemed to be in default if TENANT shall commence such cure
within said ten (10) days, and thereafter diligently prosecutes such cure to completion.
Edna Park Lease (06.16.09)
ill
Santa Ana River Channel
E01- R1551, R1553
4. (a) The making by TENANT of any general assignment for the benefit of creditors;
(b) a case is commenced by or against TENANT 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 if so commenced against TENANT, the same is not dismissed within
sixty (60) days of such commencement;
(c) the appointment of a trustee or receiver to take possession of substantially all of
TENANT'S assets located at the Premises or of TENANT'S interest in this Lease,
where such seizure is not discharged within thirty (30) days; or
(d) TENANT'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 nor any interests of TENANT in and to the
Premises 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 the DISTRICT hereunder or by
law; provided, it shall be lawful for the DISTRICT to declare the term hereof ended
and to re -enter the Premises and take possession thereof and remove all persons
therefrom, and TENANT and its creditors (other than DISTRICT) shall have no
further claim thereon or hereunder.
B. Remedies
In the event of any default by TENANT, then, in addition to any other remedies available to
DISTRICT at law or in equity, DISTRICT may exercise the following remedies:
1. DISTRICT may terminate this Lease and all rights of TENANT hereunder by giving
written notice of such termination to TENANT. In the event that DISTRICT shall so
elect to terminate this Lease, then DISTRICT may recover from TENANT:
(a) 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;
(b) Any other amount necessary to compensate DISTRICT for all the detriment
proximately caused by TENANT'S failure to perform its obligations under this Lease
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 Premises,
expenses of reletting, including necessary repair, renovation and alteration of the
Premises, reasonable attorneys' fees, expert witness costs, and any other reasonable
costs; and
(c) Any other amount which DISTRICT may by law hereafter be permitted to recover
from TENANT to compensate DISTRICT for the detriment caused by TENANT'S
default.
The term "rent" as used herein shall be deemed to be and to mean the annual rent and all
other sums required to be paid by TENANT pursuant to the terms of this Lease. All such
sums, other than the annual rent, shall be computed on the basis of the average monthly
amount thereof accruing during the 24 -month period immediately prior to default, except
Edna Park Lease (06.16.09)
iv
Santa Ana River Channel
E01- R1551, R1553
that if it becomes necessary to compute such rental before such 24 -month period has
occurred, then such sums shall be computed on the basis of the average monthly amount
during such shorter period. As used in subparagraph B. L(a), the "worth at the time of
award" shall be computed by allowing interest at the maximum rate permitted by law.
Continue this Lease in effect without terminating TENANT'S right to possession even
though TENANT has breached this Lease and abandoned the Premises and to enforce all
of DISTRICT'S rights and remedies under this Lease, at law or in equity, including the
right to recover the rent as it becomes due under this Lease; provided, however, that
DISTRICT may at any time thereafter elect to terminate this Lease for such previous
breach by notifying TENANT in writing that TENANT'S right to possession of the
Premises has been terminated.
Nothing in this Section shall be deemed to affect TENANT'S indemnity of DISTRICT liability
or liabilities based upon occurrences prior to the termination of this Lease for personal injuries or
property damage under the indemnification clause or clauses contained in this Lease.
No delay or omission of DISTRICT to exercise any right or remedy shall be construed as a
waiver of such right or remedy or any default by TENANT hereunder. The acceptance by
DISTRICT of rent or any other sums hereunder shall not be (a) a waiver of any preceding breach
or default by TENANT of any provision thereof, other than the failure of TENANT to pay the
particular rent or sum accepted, regardless of DISTRICT'S knowledge of such preceding breach
or default at the time of acceptance of such rent or sum, or (b) waiver of DISTRICT'S right to
exercise any remedy available to DISTRICT by virtue of such breach or default. No act or thing
done by DISTRICT or DISTRICT'S agents during the term of this Lease shall be deemed an
acceptance of a surrender of the Premises, and no agreement to accept a surrender shall be valid
unless in writing and signed by DISTRICT.
Any installment or rent due under this Lease or any other sums not paid to DISTRICT when due
(other than interest) shall bear interest at the maximum rate allowed by law from the date such
payment is due until paid, provided, however, that the payment of such interest shall not excuse
or cure the default.
All covenants and agreements to be performed by TENANT under any of the terms of this Lease
shall be performed by TENANT at TENANT'S sole cost and expenses and without any
abatement of rent. If TENANT 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 any insurance or evidence of insurance to be provided by TENANT, then in
addition to any other remedies provided herein, DISTRICT may, but shall not be obligated to do
so, and without waiving or releasing TENANT from any obligations of TENANT, make any
such payment or perform any such act on TENANT'S part to be made or performed as provided
in this Lease or to provide such insurance. Any payment or performance of any act or the
provision of any such insurance by DISTRICT on TENANT'S behalf shall not give rise to any
responsibility of DISTRICT to continue making the same or similar payments or performing the
Edna Park Lease (06.16.09)
v
Santa Ana River Channel
E01- R1551, R1553
same or similar acts. All costs, expenses, and other sums incurred or paid by DISTRICT in
connection therewith, together with interest at the maximum rate permitted by law from the date
incurred or paid by DISTRICT shall be deemed to be additional rent hereunder and shall be paid
by TENANT 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.
16. RESERVATIONS TO DISTRICT (PMGE18.2 N)
The Premises are accepted "as is" and "where is" by TENANT subject to any and all existing
easements and Encumbrances. DISTRICT reserves 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 connection therewith, in, over, upon, through, across,
and along the Premises or any part thereof, and to enter the Premises for any and all such purposes.
DISTRICT also reserves the right to grant franchises, easements, rights of way, and permits in, over,
upon, through, across, and along any and all portions of the Premises. No right reserved by
DISTRICT in this clause shall be so exercised as to interfere unreasonably with TENANT'S
operations hereunder or to impair the security of any secured creditor of TENANT.
DISTRICT agrees that rights granted to third parties by reason of this clause shall contain provisions
that the surface of the land shall be restored as nearly as practicable to its original condition upon the
completion of any construction.
17. HOLDING OVER (PMGE19.2 S)
In the event TENANT shall continue in possession of the Premises after the term of this Lease, such
possession shall not be considered a renewal of this Lease but a tenancy from month to month and
shall be governed by the conditions and covenants contained in this Lease.
18. CONDITION OF PREMISES UPON TERMINATION (PMGE20.2 S)
Except as otherwise agreed to herein, upon termination of this Lease, TENANT shall re- deliver
possession of said Premises to DISTRICT in substantially the same condition that existed
immediately prior to TENANT'S entry thereon, reasonable wear and tear, flood, earthquakes, war,
and any act of war, excepted. References to the "termination of the Lease"' in this Lease shall
include termination by reason of the expiration of the Lease term.
19. DISPOSITION OF ABANDONED PERSONAL PROPERTY (PMGE21.2 S)
If TENANT abandons or quits the Premises or is dispossessed thereof by process of law or
otherwise, title to any personal property belonging to and left on the Premises fifteen (15) days after
such event shall, at DISTRICT'S option, be deemed to have been transferred to DISTRICT.
DISTRICT shall have the right to remove and to dispose of such property without liability therefor
to TENANT or to any person claiming under TENANT, and shall have no need to account therefor.
Edna Park Lease (06.16.09)
vi
Santa Ana River Channel
E01- R1551, R1553
20. QUITCLAIM OF TENANT'S INTEREST UPON TERMINATION (PMGE22.2 N)
Upon termination of this Lease for any reason, including but not limited to termination because of
default by TENANT, TENANT shall execute, acknowledge, and deliver to DISTRICT, within thirty
(30) days after receipt of written demand therefor, a good and sufficient deed or cancellation
agreement whereby all right, title, and interest of TENANT in the Premises is quitclaimed to
DISTRICT. Should TENANT fail or refuse to deliver the required deed or cancellation agreement to
DISTRICT, DISTRICT may prepare and record a notice reciting the failure of TENANT to execute,
acknowledge, and deliver such deed or cancellation agreement and said notice shall be conclusive
evidence of the termination of this Lease and of all rights of TENANT or those claiming under
TENANT in and to the Premises.
21. DISTRICT'S RIGHT TO RE -ENTER (PMGE23.2 S)
TENANT agrees to yield and peaceably deliver possession of the Premises to DISTRICT on the date
of termination of this Lease, whatsoever the reason for such termination. Upon giving written notice
of termination to TENANT, DISTRICT shall have the right to re -enter and take possession of the
Premises on the date such termination becomes effective without further notice of any kind and
without institution of summary or regular legal proceedings. Termination of the Lease and re -entry
of the Premises by DISTRICT shall in no way alter or diminish any obligation of TENANT under
the Lease terms and shall not constitute an acceptance or surrender.
TENANT 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 Premises for any lawful reason or in the event
DISTRICT re- enters and takes possession of the Premises in a lawful manner.
22. AUTHORITY OF TENANT (PMGE 24.2 S)
If TENANT is a corporation, each individual executing this Lease on behalf of said corporation
represents and warrants that he /she is duly authorized to execute and deliver this Lease on behalf of
said corporation, in accordance with the by -laws of said corporation, and that this Lease is binding
upon said corporation.
23. PUBLIC RECORDS (PMGE25.2 S)
Any and all written information submitted to and/or obtained by DISTRICT from TENANT or any
other person or entity having to do with or related to this Lease and/or the Premises, either pursuant
to this Lease or otherwise, at the option of DISTRICT, may be treated as a public record open to
inspection by the public pursuant to the California Records Act (Government Code Section 6250,
etc.) as now in force or hereafter amended, or any Act in substitution thereof, or otherwise made
available to the public and TENANT hereby waives, for itself, its agents, employees, subtenants, and
any person claiming by, through or under TENANT, any right or claim that any such information is
not a public record or that the same is a trade secret or confidential information and hereby agrees to
indemnify and hold DISTRICT harmless from any and all claims, demands, liabilities, and/or
obligations arising out of or resulting from a claim by TENANT 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 attorneys' fees and costs.
Edna Park Lease (06.16.09)
Vii
Santa Ana River Channel
E01- R1551, R1553
24. RELATIONSHIP OF PARTIES (PMGE26.2 S)
The relationship of the parties hereto is that of DISTRICT and TENANT, and it is expressly
understood and agreed that DISTRICT does not in any way or for any purpose become a partner of,
or a joint venturer with TENANT in the conduct of TENANT'S business or otherwise, and the
provisions of this Lease 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.
25. ATTORNEYS' FEES (PMGE28.1)
In any action or proceeding brought to enforce or interpret any provision of this Lease, or where any
provision hereof is validly asserted as a defense, each party shall bear its own attorneys' fees and
costs.
26. VENUE (PMGE29.1)
The parties hereto agree that this Lease has been negotiated and executed in the State of California
and shall be governed by and construed under the laws of California. In the event of any legal action
to enforce or interpret this Lease, the sole and exclusive venue shall be a court of competent
jurisdiction located in Orange County, California, and the parties hereto agree to and do hereby
submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394.
Furthermore, the parties hereto specifically agree to waive any and all rights to request that an action
be transferred for trial to another county.
Edna Park Lease (06.16.09)
viii
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POLICY NUMBER: 158 1 661 -201 1
CERTIFICATE ID: 22
CERTIFICATE EXPIRES: OB -07 -2012
06 -01- 2011/06 -01 -2012
This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the
California Insurance Commissioner to the employer named below for the policy period indicated_
This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer.
We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration.
This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded
by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document
with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance
afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy.
Authorized Representative President and CEO
EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE.
ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 06 -01 -2010 IS
ATTACHED TO AND FORMS A PART OF THIS POLICY.
AFRO TO FORM
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EMPLOYER
CENTURY STRUCTURAL ENGINEERING CO. INC. SC
24719 NARBONNE AVE
LOMITA CA 90717
[HI M,CN]
(aev.a -2o1o) PRINTED : 08 -11 -2011
' O R A N G E C O U N T Y
+� PublicWorl�s
Our Community. Our Comm /tm ent.
June 16, 2011
Mr. Ron Ono
Administrative Services Manager
Parks, Recreation and Community Services Agency M75
City of Santa Ana
26 Civic Center Plaza
P.O. Box 1988
Santa Ana, CA 92702
RE: Edna Park Lease
Orange County Flood Control District to City of Santa Ana
Dear Mr. Ono:
Jess A. Cerbeja /, Olroctor
300 N. Flower Street
Santa Ana, CA
P.O. Box 4046
Santa Ana, CA 92702 -4048
Telephone: (714) 834 -2300
Fax: (7'14) 834 -5188
Under the terms of the Edna Park Lease dated September 28, 2011, this letter shall serve as notice that
Parcel 1553 has been added to the leasehold premises.
Section 2B of the Edna Park Lease reads:
DISTRICT and TENANT agree that Parcel R1553 shall be added to the leasehold premises upon
Director's notification to TENANT of Parcel R1553's availability. Upon such notice, Parcel R1551
and Parcel R1553 shall then be jointly referred to as the "Premises" and shall thereafter be
subject to all the terms, conditions and restriction of this Lease.
Please address any questions or concerns regarding the Lease to David Cops at (714) 667 -9687.
Sincerely,
seph Edwards, Division Manager
OC Facilities and Real Estate
OC Public Works
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ATTEST:
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MARIA D. HUIZAR
CLERK OF THE COUNCIL
APPI?r: }�! y �fi, "1'n FORM
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