HomeMy WebLinkAboutORANGE COUNTY FLOOD CONTROL DISTRICT (4) - 2010
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THIS LEASE (Lease) is made ~~ S ,2010 ("Effective Date"), by and between
ORANGE CbUNTY FLOOD CONTROl'; ISTRICT, a body corporate and politic, hereinafter referred
to as "DISTRICT," and the CITY OF SANTA ANA, a municipal corporation, hereinafter referred to as
"TENANT," without regard to number and gender.
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 ofthe State of California
"Director" means the Director, OC Public Works, County of Orange, or designee.
"Flood Control Channel" means the Santa Ana River Channel and appurtenant structures located
adjacent to the easterly border of the leasehold premises.
2. PREMISES (PMA3.1 S)
Commencing with the Effective Date of this Lease, DISTRICT leases to TENANT that certain property
described in Exhibit A and shown on Exhibit B (hereinafter referred to as "Premises"), which Exhibits
are attached hereto and by reference made a part hereof.
3. 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.
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4. USE (PMB 1.2 N)
TENANT'S use of the Premises shall be limited to the development and 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 17), 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.
5. TERM (PMB2.1 N)
The term of this Lease shall be twenty (25) years, commencing on the Effective Date of this Lease.
6. 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.
7. RENT (N)
The Premises shall be leased to TENANT on a rent-free basis.
8. INITIAL CONSTRUCTION BY TENANT (PMDI.2 N)
TENANT shall, within two years of the Effective Date of this Lease, improve and develop the Premises as
a landscaped open space or a free public recreational facility as set forth above in Clause 4 (USE). All
plans for improvement and development shall first be approved in writing by Director to ensure that such
plans comply with the intent of this Lease.
9. MECHANICS LIENS OR STOP-NOTICES (PMD4.1 S)
-In addition to the responsibilities described in Clause 19 (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.
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In the event a lien or stop-notice is imposed upon the Premises as a result of such construction, repair,
alteration, or installation, TENANT shaIl either:
A. Record ~ 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, the Lease shall be in default and shall be subject to immediate termination.
Such termination, however, shall not relieve TENANT from any of its obligations set forth in this Section.
10. "AS-BUILT" PLANS (PMD5.2 N)
Within 60 days following completion of any substantial improvement within the Premises, TENANT shaH
furnish Director a complete set of reproducible mylars and two sets of prints of "As-Built" plans.
TENANT shaH also furnish Director with all CAD data stored on compact disc ROM as "read only" files,
which shall be in one ofthe following software formats, the version of which shaH be subject to Director's
approval:
· 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.
11. 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 shaH be to backfiH the affected portion of
the Premises with compacted earth to the grade of the surrounding property following completion of
DISTRICT'S activity. DISTRICT shaH 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
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Control Channel or facilities, however, DISTRICT shall endeavor to minimize any damage, disruption or
extirpation of any park improvements during such DISTRICT activities.
12. OWNERSHIP OF IMPROVEMENTS (PMD6.1 N)
,
All trade fixtures, equipment, 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 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 trade fixtures, equipment, improvements and/or
landscaping located within, upon, under, or above the Premises at the expiration or termination hereof.
TENANT agrees that should DISTRICT require removal of said trade fixtures, equipment, improvements
and/or landscaping, TENANT shall: (i) remove such items, 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) leave any excavated area compacted
to ninety percent (90%) compaction and (iv) replace any erosion control landscaping that may have been
destroyed or removed as the result of any of the aforesaid activities.
13. 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.
14. 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 and litter and 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
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receipt of a statement of said cost from Director. Failure of TENANT to properly maintain and repair the
Premises shall constitute a breach of the terms of this Lease.
15. INSURANCE (PME5.1.8 N)
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 ofthis 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-CasualtylUnited 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 ifit 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
Minimum Limits
$1,000,000 combined single limit
per occurrence/$2,000,000 aggregate
Automobile Liability, including all owned
'non-owned and hired vehicles
$1,000,000 combined single limit
per occurrence
Workers' Compensation
Statutory Requirements
Employer's Liability
$1,000,000 per occurrence
Insurance shall be in force the first day of the term of this Lease.
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Except as noted, each insurance policy required by this Lease shall include the following provisions
and/or endorsements:
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
F AlLURE 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 oftheir
appointment or employment." A waiver of subrogation endorsement with such language shall
accompany the Certificate of Insurance.
E. Loss Payee: "It is further agreed that if property insurance is included on the attached
certificate, the Orange County Flood Control District shall be the loss payee on this policy. (Loss
Payee Endorsement required for Property.)
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 MAYBE REINSTATED,
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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 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 ofthe
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.
16. 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 TEN ANT'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.
17. 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,
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DISTRICT, acting in its governmental capacity, the State of California, or the United States
government.
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 business 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
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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.
,
18. BEST MANAGEMENT PRACTICES (PMF 11.2N)
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 DAMPILIP 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 storm water runoff.
BMP Fact Sheets that apply to uses authorized under this Lease include the BMP Fact Sheets that are
attached hereto as Exhibit C. 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 ofthis 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 its 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.
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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 impl~mentation.
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.
19. INDEMNIFICATION (N)
TENANT acknowledges that the Premises is adjacent to the Flood Control Channel and that the Premises
is 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 business 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.
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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.
20. NOTICEs (PMFIO.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.
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 ifby 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:
To TENANT:
Orange County Flood Control District
clo OC Public WorkslReal Estate Services
P.O. Box 4048
Santa Ana, CA 92702-4048
Facsimile: 714/834-2870
City of Santa Ana
clo Parks, Recreational and
Community Services Agency
P.O. Box 1988
Santa Ana, CA 92702
Attention: Ron Ono
21. GENERAL CONDITIONS
This Lease includes the General Conditions, attached hereto as Exhibit D and by this reference made a
part hereof.
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IN WITNESS WHEREOF, the parities have executed this Lease the day and year first above written.
TENANT
APPROVED AS TO FORM:
Santa ~ttorney.//~}
( . 1 0\
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CITY OF SANTA ANA
a municipal corporation
By:
By:
!2~aa---
City M,anager
Date:
By: ;"7~~ /~, I/vJL/
City Clerk
APPROVED AS TO FORM:
Office of the County Counsel
Orange County, California
DISTRICT
By:
ORANGE COUNTY FLOOD CONTROL DISTRICT,
a body corporate and politic
Deputy
Date:
By:
Chair of the Board of Supervisors
Orange County, California
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
17'h Street Triangle Lease (07.01.09)
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Santa Ana River Channel
EOI-R1552
EXHIBIT A
iJ,qal DesQ.~JL:?J'
Santa f-\fl<l Ri'ver Channel
, F'.3rcel ~.Jo. - 552
L..E.,J~~e
TI'..3l portion of the southwest quarter of Section 2, TO'Nnship 5 South.
RrH'lge 10 ',Vest. in the Rancho Las Bolsas. city of Santa Ana. county of Orange.
S~a'8 of Californi3. per map recordedm the book 51. page 12 of MiscellJr10GlIS
\.laps. in the office of the County Record€r of Sai(j county. doscribed as follows:
Beginning .:It the intersectiDn of the centerline of 17'~' Street with me
eaSlerly line: of said Rand-Io Las Bolsas CIS shown on Record of SurveI' 93-1050
!dee In Reco:'cj of St.;rvey B-:Jok 152. pages 7 through 20 in tr,e office 0: said
COlint}' Recorder; lnence North Bg'49'22- VVest. 579,35 feel along said centerline
t:) the True POint of Beginning; thence North 0' 10' 38" East. 52.77 feet; thence
Norch 35c 43' D3" East, 402.90 feet to the most westerly corner of that land
descnbed in a deed to To...mer M.anufactwing Company recorded June 30.1966
in book 7978, pages 33 Ulrough 35 of Official Records in the office of said County
Recorder. thence along the southwesterly line of the land descrit)ed ~fl said deei:!.
South 54" 16'57" East 138.68 feet to the northeast corner of the land described in
a deed to Suburban Gas Service. IrIC. recorded May 14,1948 in book 1635.
page 494 of Official Records in the office of saId County Record@r, said corner
bp.in'J a point on the East line of the southwest quarter of tlle southwest quarte~
af saiL' section 2. distant North 00'19'25"' East 300.00 feet along said East lrne
from ~8id centerline of 17,h Street; [hence along the northwesterly line of the land
desuibed Ifllast said deed, SOl/th 59'21'09" West, 221.33 feet to the easterly
iine af the Ne'Nb-;rt Protection District 4DO.OO feet wide. as shO'.'.'n all said
Record of Sur'ley 93-1050: thence along said easterly line, South 35043'06-
Wr;s!. 229.30 feel to said Gf,mtcrline of 171h Street; thence Nrxth 89"49'22" V'lest
23.68 feet along said ccnterlil1e to tile True Point of Beginning.
EXCEPT therefrom the southerly 54,00 feeL
The abOVE! cfescriber. parr:," I of 12nd contains 28. i 53 square fe-et, rnorf) Of less.
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Santa Ana River Channel
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EXH 18rT 8
PARCEL No. 1552
Santa Ana River Channel
EOI-RI552
EXHIBIT C
BEST MANAGEMENT PRACTICES FACT SHEETS
· IC7 Landscape Maintenance
· ICIO Outdoor LoadinglUnloading of Materials
· R-5 Disposal of Pet Wastes
· SD-IO Site Design & Landscape Planning
· SD-12 Efficient Irrigation
· SD-32 Trash Storage Areas
· WM-5 Solid Waste Management
171h Street Triangle Lease (07.01.09)
Santa Ana River Channel
EOI-RI552
IC7. LANDSCAPE MAINTENANCE
Best Management Praotioe$ (8MPs}
A. B MP is a lechniqu€, measurE< or strllc~ural r::ontror that is
used for a gil,en set of condi'L}:ms to lmproveme qua1wI of
the stDrmwater rUnoff in a cost effedive mClnnerl. The
minimum required BMPs for this activity are auifioed in the
box to the right Implernentation of fXl/lution
preventi:m,'gcod housekeeping measur€s may reduce Or
eliminate the need to implement o!her more cosov or
cornpl icated proce dures. Proper elllp~oyee traini r.g is key
to the success of BMP implementation.
The BMPs ouifined in !his fact sheet target the folbA1i1og
pollutants:
Targe~d Cons.titu ef1ts
Sedi mem ;(
NLIlrie.nts )(
Cloa;ab1e Ma:e ria ls ~:
~letalG
8~~cten.a ;(
Oil & Grease
()rg3njc~ "& T Cklcants
Pes!icld-es ;(
Ow~en Demandir:,~ .:
MINIMUM BEST MANAGEMENT PRACTICES
Pollu;-ii,n Pre-ventior.11'Gl!t:~ H0t)sf:kee{lir~"
Prcper-l11 store and di:;p-.'jGe of '~a rd~n!flg <.....as~es..
UGe mulch or other e ro~ion cont-vI rneasureG en
exposed ooih.
Properly rrana~ irriga:ion and runoff.
Properly :store i:ll".d diGpce.;e ofchemlCals.
Pre:perll manag.s pestie:id", ar,d herbi6:le use.
Pro~.eriy manage fenilizer use.
Stp.nr:il.c.tnl'mdrnifl!;;
T rain in~
Train employees on lheGe BMPG. ~:orm water
d ~;d1arge prohib ~ionG a.nd ....'a~(;;'^'a :er discha rge
req'_~rements.
Provide on-going empk)~'ee training in p')liucion
pr.e....e-nticn.
Pro',;ded belov,' are specif.c proc.&dures associated v,im each of the minimum BMPs along ,^1th procedures fC(
addiu0nal BMPs thClt should ce considered if this actf~~ty takes place at a facilft'lloC3ted near a sensiti','e
'Naterbody. In order to meet the requirernents for 'rr.edium and high priority facilities, frle owners/operators must
S€-Iect. install and maintain appropriate BMPs on site. Sinoo the se~ction of !he appropriate BMPs is a site--
specific proc.ess. thet'lpes and numbers of Cldditional BMPs \~llf vary for each facility.
1. Take steps to reduce landscape maintenance requiremel1ts,
· Wnere feasic{e, retain and/or plant native vegetation with features that are determined to be
beneficial. Native ve-getatiJn usuafly requires less maintenance than planting nevI vegetati.::m.
· W'nen plClnting or rep!anting CO.1sider using/ow water use flowers. trees, shrubs, and gmundco'.'el'S.
· Consider afternCltj'J6 fandsc..'1.ping t6'Chniques SUGh as naturescaping and xHiscClping.
2. Properly store ~lnd dispose of gardening wastes.
· Dispose of grass dippings, leaves, siJd::s, or oth,er collected vegetation as garbClge at a pe.rmitted
landfill or 0,' oomposbr19.
· Do not disp.8se of gardening wastes in streets, waterways, or storm dra inage systems.
· Ptace temporanly stockpiled nlClterial aWB,' from w"aterWJrses and storm dr"in inlets. and berm
and"0r cover.
3. Use muloh or other erosion oontrol measures on exposed soils.
1 ::.P.t., . P(~I'im_inD,I.}/ DaLo S.Llln.r.'Or;l of Urb~n Stofm'~r'ater Beat 1\~:Jn[rg~ment Proc-rlc'es'"
IC7 b.nd;CJpe M.,lr.tena1:<(:<
17'h Street Triangle Lease (07.01.09)
Santa Ana River Channel
EOI-R1552
4. Prop~rly manage irrigation and runoff.
· lrr~9ate SIOv,1yor pulse irrigate so the !11tiftra6on rate or the S{1;t is not exc &edad.
· Inspect irrigation sYStem regularly for leaks a nd to ensure that excessive runoff is not oCGurring.
· ~ re-c:aimed '.'iater is used for irrigation. ensure that there is nQ runoff from the land.'3caped 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: Vlur over landscaped areas.
· U~-e automatic timers to minimize runoff.
· Ue-9 popup sprinkler heads in areas with a lot of 8cWJity or where pipes m8Y be broken. Consider
the USE or mechanisms that reduce .....ater flGW to brok6l1 sprin.:ler heads.
5. Properly store and dispose of chemicals.
· Implement stcrage requirements for pesticide products with guidance from the 1<X81 lire deparunent
andfor County A.gricultural Commissioner.
· Provide secoo d8r.v' containment for chemical storage.
· Dispose or empty containers aC>..".Ordin.g to the instructions on the container lahel.
· Triple rinse containers and use rinse water as product.
6. Properli manage pesticide and herbicide use.
· Follow all federal. state. and loca! la',\>s and regulations ~veming the US€. storage and disposal of
pesticide.s and herbicides and raining of applicators and pest control ",dvisors.
· Folbw manufacturers' recommendatiDns and label directions.
· Us-e pesticides only if tr,ere is an actual pe5t problem (not on a regular preventative schedule).
'N'1en applicable use less toxic pesticides that V.1rJ do the job. Avoid use or c.opper-based pesticides
if possible. Use me minimum amount of chemicals need€'d br the job.
· Do not apply pesticide.s if rain is expected or if vlind speeds are above 5 mph.
· Do not mix or prepare pesticides for application near stom) drains. Prepare the minimum amount of
pesticide needed for the job and use the Io-west rate that wit! effectively control the targeted pest
· 't~henever possible. use mechanical methods of vegetation remova! rather than apP~J.ing herbicides.
Use hand weeding where practicaL
· Do not apply any chemicals directly to surface ",raters. unless the application is 8pproved and
permitted by the state. Do not spray pestic~des 'Nithin 100 feet of cpen .....raters.
· Ernploy tedlniques to minimize off-target application (e.9. spray drift} or pesticides, including
consideration of alternative application tecnnique.s.
· 'M1en conducting mechanical or manual \....esd control. avoid loosening the soil, which oourd lead to
eroSIon.
· Purchase only the amount of pesficide that you can reasonably uS€: in a gr..ren time period
· Careful scilmixing and layerin9 techniques using a topsoil mi;: or wmposted organic material can
be used as an effective rneasure to reduce herbicide US€ and watering.
7. Properli manage fertilizer use.
· Follow all federal, state, and kicallaws and regulations governing the use, st<xage. and disposal of
fertilizers.
· Follow manufaGturers' reGonlmendations and label directions.
· E:nploy techniques EO minimize off-target application (e.g. spray drift) of fertilizer, including
clJr,sideratfon or alternati'Je ap~,lication techniques. Calibffite fertilizer distributors to avoid
exc€ssive apphcation.
· Periodically test scils f:::,r deterrnining proper fertilizer use
· Fertilizers should be worked into the soil rather thar, dumped or bro8dcast onto the surface.
· 8','ieep pavement and sidewalk IT fertilizer IS spifled on these surfaces before applying irrigatioo
'Nater.
· Us.= slow release fertilizers \\>henever pYssible k'i minimize lea ching
.
IC~ LandocJ.pe Mau:.leIla1:.C=
17'h Street Triangle Lease (07.01.09)
Santa Ana River Channel
EOI-RI552
8, Inoorporate the following integrated pest managernentteohniques wher~ appropriate:
· Mulching can be used to prevent WeBds I.~here turf is absent.
· Remove insects by hand and place in soapy water or vegetable oil. Alternatively, remove insects
'^~th water or vacuum them off the platlts.
· USee species-specific traps (e.g. pheromooe-based !raps or colored sticly cards).
· 'Sprinkle the ground surface with abrasive diatomaceous ear'Eh 10 prevent infestations b)I ~..oft-bodied
inS€Cts and slugs. Slugs also can he trapped in small cups filled \'ijfh beH thai are set in the ground
so the slugs can get in easily.
· 1n cases where microscopic parasites, such as bacteria and fungi, are causing damage to p!ants,
the affected plant materi al can be removed an d disposed of (pruni ng equipment should b€
disinfected I,,~th bleach to prevent spreading the disease Ot!g3l'lism).
· Small mammals and birds can be excluded U'3irt9 fences, nemng, and tree trunk guards.
· Promote beneficial organisms, such as bats, birds, green facev.ings.ladybugs, praying mantis,
ground OOetles, parasitic nerna-todes. trichogramma wasps, seed head weevils, and spiders that
prey' 00 detrimental pest species.
Training
1. Train emplo)Iees on these BMPs, storm water disoharge prohibitions, and wast~water disoharge
requirements.
2. Eduoate and train employees on the useofpestioides and pestioide application techniqu.es.
Only employees properly trained to use pestioidesoan apply them.
3. Train and enoourage employees to use integratedpest management techniques.
4, Train emplo~rees on proper spill oontainment and cleanup.
· Estabfish training that pro....ides employees VI'ith the proper to:;lls and knov.~edge to immediately
beg in clean ing up a spill.
· Ensure that employees are familiar '.vim the site's spill c.ontro/ plan and{or proper spill cleanup
procedures.
· BMP IC17 disCtlsses Spitl Prevention and Control in detail.
5. Establish a regular training sohedule,train alf new employee-s, arid conduot annual refresher
training.
6. Use a training log or similar method to dooument training.
Stencil storm drains
Storm dra in s~rstem signs act as h ighfy visible source controls lYIat are r.flJic.a1l y stenciled directly adjacent to
storm drain inlets. Stenals should rea-d "No Dumping Drains In Ocean".
Referen oes
California Storm 'yVa tel' Best Managemsnt Practice Handboo~" Industria~ and Commercial. 2003.
w.w. cabmpha ndhoor.s. com
California Storm V~ater Best Management Practice Handb:;lor..s. JndustrialJColllmercial Best Management
Practice Handtook. Prepared by Camp OresserS McKee. Larry VVaiker ,A,ssociate.s, Uribe and ,A,ssociate.s,
Re~~ource.s Planning ,ll,ssociates for Storlllwater Quali!>; Task Force. March 1991
King Count]' Stcmywater Poll uti:;ln Control ManuaL Best Management Practices for Businesses. King County
Surface Water Management July 1995. On-line: http://dnr.metl'Okc.oov/w\r/dss/spcm.htrn
Stormwater Management Manual for Westem Washington. Volume IV Source Control mAPs. Prepared by
'Na..shir.gton State Departll1€l'1t of Ecology Water Quality Prc.gram Publication No. 99-14. ,c.,UgLlst 2001.
lC 7 bllibcape M.amtalal:c:~
17'h Street Triangle Lease (07.01.09)
Santa Ana River Channel
EOI-RI552
'Nater Qualit:l Handbook for Nurseries. Oklahoma CooperaJr/e Extension S9r.~ce. Division of AgriCtitiural
Sciences and Natural ResoorcGs Ok!ahcma State UniV8l'Jity. E-951. Septembert 999.
F~r JdditionJI information contact:
County of Oronge
\"v'atershed& Coastal Resources
Stonrl'l,'ater Prvgr-orn
(714)567-6?.o3
or visit our website at
'MI/v.'. Ocw::it6fsheds .com
Ie 7 Land.;ca~ }. !amIEml:!:c,;
17'h Street Triangle Lease (07.01.09)
'-I
Santa Ana River Channel
EOI-RI552
IC10. OUTDOOR LOADINGiUNLOADING OF MATERIALS
Best Management Practices (BMPs)
t., BMP is a technique, measure or structural oontrolihat is
used for a g i'~en .set of conditions to improve the quality of
the stormwater runoff in a cost effec.tive rnanner1. The
min im um required B M Ps br ih is activit" are outlined in the
box to the right. Implementa1J::>n of polfution
preventionlgood housekeeping measures may reduce or
elimi nate the oe-ed to implement oiher more cosUy or
ccmpliC<1ted pl1}l~edures. Proper employee training is key
to the success of BMP implementati-::m.
The BMPs outlined in this fact sheet target the following
poll wants:
T araeted Constituents
Sediment :(
Nwients r.
Floa:able I,laterials
Metal" ;.::
Bacteric;
011.5. Grea::", ;.:
Organ ICS & Toxicants 'f.
Pes~icides x
OxY~en DemandinCl
Mlt'HMUM 8EST MANA,GEMENT PRACTICES
Poll ution Pre',en~on/G'Xld Housekeeoir,Q
· Pa~ vehides ana conduo:, loading/unloading only in
designated loading/unloading areas so tha: sp'ijls or
leaks can be contained.
Cle.an loading/un loading areas regularly to remove
,:otelltial sour.res of pollutants.
Reduce exposu re of ma:eria f; to rain.
Use drip pcn~ u.ndernea,h hC<.5e and pipe
connections and ooherleak-prone sp.ots during liquid
transfer op,erations, Olnd when making and breaking
conneaions.
Inspec, eql.Jipmemregulerly.
If possible. cc-nduc1loadir,9 end u.nloadir.g in d rl
weather.
S~en("jl stlym drain!!;;
T rainino
· Train emple-yees on these BMP~, storm water
discl1arg-e prchibitioos. and wastewater discharge
re-qu iremel'lts.
PrO','ide on-g'::ling e.1",,:/.oyee training In ,:ollutiotl
prev€nt~n.
Provided below' a re specific procedures associated 'wiLh each of the minimum BMPs aklng with procedures
for additional BMPs that should be consid-ered if ihis activity takes place at a faalir." bcated near a sensitive
watettody. In order to meet the requi rements for medium and high prioritJ, facilities, the ownersJoperatCiS
must select.. instatl and maintain appropriate BMPs on site. Since the sel%ti-on of the appropriate BMPsis a
'3ite-s~cific process. the l}'Pes and numbers of additional BMPs v.-ill vary for each facility.
1. Properl)' design loading/unloading areas to prevent storm Ylater runon. runoff of spills. etc.
· Grade andlor t€-m1 the area to prevent runan.
· Position roof downspouts to direct stormwater away from the are.a.
· Grade and/ex berm the bading/unloading area to a drain that is connected to a dead-end.
· The area where truck transfers take place should be paV€d. If the liquid is reactive with the
as~.halt, PorUand cement should be used to pave the area.
· Avoid placing loading/unloading areas nwr siorrn dlciins.
2. Park vehicles a.nd conduct 10ading,'unJoading only in designated loading/unloading areas so
that spills or leaks oan be oontarned.
3. Clean loading/unloading areas regularly to remove potential sources of pollutants. This includes
outside a~eas /hat are regularly covered by col'1tainers or omer materials.
4. Reduce exposure of materials to rain.
· Cover the badingiun loading areas.
· If a cover is unfeasible, use overhangs, or sears or door skirts to enclose a.reas.
5. Use drip pans underneath hose and pipe connectioJ's and other leakoprone spots during Hqu.id
transfer operations. and when making and breaking oonnections.
J EPA " P(~fthjinaf)' Data Summar I cf Urbar. Storm.\'at~r ~st ^,.fa>tJa..~':fn=r.t Practicr:o:..r
KlO O...ldoor L",dmEC'l'nl"admg oH.btemb
17'h Street Triangle Lease (07.01.09)
Santa Ana River Channel
EOI-RI552
G. Inspect equipment regularly
· Designate a resp-::>r.sible party to check under de!iV€r! vehicles for lear:ng tluids, spilled
materials. debris. or other foreign materials.
· Check 102;din~'un!oadjr.g equipment regularly for feaks.
7. If possible, conduct leading and unleading in dlyweather.
Training
1. Train emplo~'ees en these BMPs, sterm water discharge prehibitlons. and wastewater
dis.charge requirements.
2. Train emplo~(ees on pre per spill centainment and cleanup.
· Establish training that providesemplo,'ee5 '^~th the proper Io-::ols and knowledge to immediat€ly
begin cleaning up a spill.
· Ensure that emplo,'ees are famiflanl,'itl1 the site's spill contro! plan andfor proper spiU cleanup
proeM ure.s.
· BMP IC17 discusses Spill Prevention and Control in detail.
3. Trainemple:lees en the proper techniques used during liquid transfers to. avoid leaks and
spills.
4. Train ferklift eperators en the proper leading and unloading precedures.
5. Establish a regular training sohedule, train all new empleyees. and cenduct annual
refresher training.
G. Use a training leg ersimilar method 10 document training.
Stencil storm drains
Storm drain system signs act as h~ghty visible source o~mtrols that are typically stertciled directly adjaC€nt to
stom1 drain inlets. Stencils should read '~Jo Dumpin-9 Drains to Ocean".
References
California Storm V\'ater Best Management Practice Handbook. Industrial and Commercial. 200l
ilN,w.cabmphand (,::>oks. com
California Storm VVater Best Managerr-.ent Practice Handb-~ks_ IndustriaVCommercial Besl Management
Practic:e Handbo::>k. Prepared by Camp Dresser& McKee, Larry WaJker A.:ssociates, Uribe an d .~.ssociates,
Resources Plann ing Associates ror StCfm'Nater Qualrt',' Task Force. March 1993.
Model Urb.an Runoff Pro] ram: A How-To Gu ide for Oe1,le{oping Urban Runoff Programs for Small
MI.Jnicipafities. Prepared by City of M::>nterey, City of Santa Cruz, Cafifomia Coastal Commission, Monterey
Bay National Marine Sanctuary, Associ:ltion or MOI1terey Bay .4,rea Governments, Wood\'1ard-JCI,'d€, Centr<ll
Coast Regionaf Water Quality Control Board. J ulyl998 (Revised February 2002 by the California C-::>astal
Commission) .
Stormwater Management r'Aanual for Western Wa.shingtoo. \lo/urne IV Source Control BMPs. Prepared by
Washingt<Xl-Stale Department of Ecology Water Quality Program. Publication No. 99-14. p..ugiIst2001.
For additional informatien contact:
County of Orange
Watershed & Coastal Resource--3
Slomwater Program
(714}567-6J53
or visit our website at
wvN.'. oo^,at€!'~-heds. com
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.,
17'h Street Triangle Lease (07.01.09)
Santa Ana River Channel
EOI-RI552
R-S
DISPOSAL OF PET WASTES
.......~ ~..
.
Pet ....aste~ left in tl'le €'1WirOnlllent ll1...1.Y iJ,lb:oduce zolicb,
bad€'1'ia., ,md mtb.'ienb to the da1ul ~tin. TIle type and
qu.,ntity af ~';aste ~"Till dictate the p'mp€'!' dic'l'osal
methad. :.n1...ill quantities af wac-te are bed disposed
'witll1-egu1,tr !:l-aDh 0.1' t1tt~hed dav.'n ,l toilet L<li'g.e'
Ll..1.Ultitieo;, of 'Witc.te-::; from he1-l-nva1'e a:nill1a1~ ulay be
COu1.po;:;ted for c.uL-.se<.lUe1'lt use or di;:;posal to. l.uulfill.
Pick up ,rleer ~-oU.1' pet! It' c. ,l5 E'asy ,l':. .1-2,,3. 1} Eb,'lllg.1.
bag. 2) Clean it up. 3) Diq:'o.~e of it p'rapedy (toilet Of
h-,1.CJ1). TIle pollution !-'l1-eVe11tion activitie-::; o.utiiJ,ledin
thi~ f.,ct c.he-e ts ,u-e u"ed to. pf'eVe11t the db::h,uge of
pollut,Ulb to the ,:.ton11 dmin Dy~telll.
The activities outlined in this fa{;t
sheet target the following
pollutants:
Sedimen: x
f'Jutrier.t. x
B-acteria ;(
Fc-<tming Agent;
Metals
Hydrocarbons
HazardcuG: Ma~eria Is
Pesticides and
Herbicides
Other
TItink 1-.efare you dispo~e af any pet wastes. Re1l1C'1llbel' - TIle oceLUl st,u-ts ,1t your front
door.
Required Activities
· All pet W,l5tE'~ 11lt.tst be picked. t.tp ,uld propffly di~po$€i.l of. Pet waste sllOttld l-.e
dispoc.ed of in the 1'eg1.11i\.1- tmcJl, fltd.led dO'lr';n a toilet, Ot: CO!1lf'\Osted as type and
Llu.ultihe~ did,lte.
4 Properly disposE' of ..ulused flea cantrol f"l1'adt.tc6 (sh..unpao] Dpm,y,:., Ol: collars).
4 :\If.U1tt1'E' pl'oduced by livestock ill tUlcovered areas. shmud be l'e1lllaved ,It least
daily fOt: CO!1lposllilg.. or ,:,tOl'age iJ,1 ~",Tatei'-ti.ght container }"l1'ior to. di5posal. NeVel'
hoce do.....n to su'e,un 01' dOlUl &'ain. Ccnnposting or stOfdg.e' ,lie.1.8 cJ10ttld 1-.e
C01rlig>..u'ed and u1.Llintained sa ac> not to. alIa'\.\' cant ad \vith 1'I.tnofi, C01npo~t may
l-.e dOl1.lted to gt'e€'I'lhouses, ntu-:'e1ie~, and batanical p,u-ks. Topsoil comp<u1i.es.
and COIl1.pa~ting Ce11te1':S Inay also. accept COIn pasted Il1..'U1.tU'e.
· line waste pits or h-e:ndles with <Ul impCl"1neable larel', such ac thick pl,lStic
~heeti.ng.
4 'When poc-sible, alio...... WLl':.h w"teI' to infi.lb:atE' into tile grotUld, Of' colled ill. at1
,\1'ea that i~. I'outed to tile sanit,uy sewer.
· COlliiJ,le livestock in fClued in areM E'xcept dt.uil1g exen.."i.se i\nd gt',lZing tillles.
Re,:.trid animal access to cI'eeks ,ued streall1S, preferahly by f€'11CiJ,1.g.
For additional information contact:
County of Orange, 'Natershed & Coastal Resource~ - Stormwater Program
(714'!567 -6.363 or visit au, website at: vWN,',oC'.vates~,eds.coll1
17th Street Triangle Lease (07.01.09)
Santa Ana River Channel
EOI-RI552
· h~,t.ill gutter~, th<'l.t ,..ill dived roof nU10tf ","my f1'0111livestock areas,
Recommended Activities
· h1 Ol'del' to l>1'oJ-'l€'l'ly di;:.pose of j-'>et w<'l.ste, Gu':ry ba~, POOPel'-scooper, 01'
""-1J-Uy.llo?Il.t to ;:,afdy pick up }"Ct wastes while ..\~alking with peb,
· Bathe pet;:. indooe and use less toxic d1aJl1pOOJ. \,\;hen po;:.sible, havE' peb
}'J:ofe"z'i011dlly groomed.
· Pmpel'ly inoculate yotu' pet in Ol'der to l1't.U.1ltain thei-1" health .lnd re<..1:uce the
po;:.sibility of pathoget~; in pet ""-,lstes,
· :\-faintau1. healthy and '\ig01'ottS p.lStures ......ith at lead tJ:\J:ee inches of leafy
l11atel'ial.
· COltJidel'U1doOl' ieedll1.g of livedock dtu'i.1lg hea"T rainfall, to J11i1ili,nize U1..llltu.-e
e xposC'd to potenti..1l1'tUl.off.
· Loc.1.te biu.'115, C01'1'als, .md other high ttSe <,u'eas on pOi-ti0115 of propert;..- th,lt eithel'
CU.',1ll1 .nvay frOlll 01' iU'e located diGhult f01'IlllleiU'by creeks Oi' stOi'Ill drai11S.
For additi ono3l info rmacon contact:
County of Orange, Watershed & Coastal Resources - StonW^'Clter pJ"(};ram
(714}567 -6363 or visi1 our .....ebsite at 'MI.w,oc-vatersheds,CCtIll
17'h Street Triangle Lease (07,01,09)
Santa Ana River Channel
EOI-RI552
Site Design & landscape Planning
50-10
Design Objectives
./ Ma:<.imize Infiltrat~Jn
./
./
./
Pro'/idt Ret-;:r1bcr.
Slow Runoff
Minimize Impervious land
Co...era'~8
Proh ibrt Dumping of Imprc'Per
Ma,;,rials
Contain Pollutants
(:'Jllec1 and Convey
Description
Eilch project site pO.,scsses unique tOj}ogl'aphic, hydrologic, and vegetative features. some of
whicb ;H'C more suitable for dc\.'elopmcnt than others. jntegrating and incOl}}orating
apjJ!'opriatelandscapc planning mcthodologies into the project design iSlhe most effectivE'
acliolL that call be duuC' to minimizE' surf;icc 3nd grollnd\\'ater contamination from storlllwater.
Approach
Landscape planning should couple consideration orland suitability for urban uscs \-villl
consider;J til)J1 of c(Jlllmunit.\, goals and prrdected gj'cmth, Project plan designs should conserve
natUl'al arcas to the extent possible, maximizE' natural water storage and infiltration
oppot1unities. and protr-et slupes and dianneh:-.
Suitable Applications
Appropri3te applications include residential, cOllllH8reial and industrial areas planned for
dc\ elopillent or redevelopment.
Design Considerations
lJe,;ign requij'L'1l1cnts fur site design and I~indscapes plalltllllg should conform to applicable
standards and ,specifications of ~igencics with jurisdiction and be consistent with applicable
Gl'lleral Plan and Local A.rea Plan politics,
.f~ C /\ S Q A
-~''''''''.'''-'~~'-';'''''''-'-'' -
CaJlfornl1l
Storm water
Quality
As.sociation
];;r'CI3,V -"003
Califomia StorTT1\".atH 2.MP Handbook
Ne,.. Dev.;;Jopme.nt and R-.development
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l.af 4
17'h Street Triangle Lease (07.01.09)
Santa Ana River Channel
EOI-RI552
50-10
Site Design & Landscape Planning
/)csiy" illY ;\'t'It' JlIslcrllulious
Begin the qe\'elopment (Jf a plan for the landscape unit with attention to the folIO\ving g('ncra]
principles:
· Fnnnulate the plan on the basis of clearly articulated community gO.1Is. Carefully identify
('onJ1icL<; and chOices between retaining and protecting desired resources and community
g,1'O\11h.
· 1\'lap and assess land suitability for urban uses. Include the f('Uowing landscape features in
the assessment: wooded land. open ul1\wJoded land, steep slopes, emsion-prone soils,
foundation suitability, soil suitability for \I'asle disposal, aquifers, aquifer recharge areas,
wetlands, tlnodplains, surface waters. agricultural lands, and various categories of urhan
land use. When appmpriate. the assessment can highlight outstanding local or regional
resources that the community dC'tenllincs should be protected (c.g.. a scenic area,
recreationfJl are:l. thre~ltened species habitat. farmland, fish !'Ull). Mapping and assessment
should recognize not onlr these resoun~es but also additional areas needed for their
SU:=;tCli;j nee.
Project plan designs should eOnSt'l'Ve natural areas to the clI.tentpossiblc. maximize narunl
waLcr storage and inliltration opportunities, and protect slopes and channels,
('OIlSCf'/)(, SallJ/"al Areas during Landscapc Planning
If applicable. the foliowing items are required and must be implemented in the sitE: layout
during the suhdi~,isioJl de8ign and ~lppml'al proce,,:;, consistellt ~,'itb applicaNe General Plilll <llld
Local ,'\,.re3 Plan policies:
· Cluster development 011 least-sensitive pmtions of a site while lea ling the remaining land in
a natunllulidisturbed conditioli.
· Lilllit dealing and gmding of native vegetation at a site to the minimum amount needed to
build IN,;. dIlow <teee,;", and provide fire pmtcction.
· Maximize trees fJnd other \'egetatioll aL each site by planting additional vegetatioil, clustering
tree areas, ;md promoting the use ofnati\'e and/or drought tolerfJIlt planL<;.
· Promnte n;jtlll'al ~'egetfJtion by using parking lot islands and other landscaped areas,
· Preserve rip;J!'ifJn areas and wctiands,
M(L\'imil.c Natural M'.'dter Storage and !r~l'i[tnm'on Opportunities H'ilhin the Landsmpc Unit
· Prolllote the cnllsen'stioll of forest eaveI'. [Juilding on land that is alr-eady deforested affecL<;
basin hydrology to a lesser extent than cOtlverting forested land, Loss of forest eover reduces
interception sLorage, detentiotlln the organic forest fioor layer, and water lossef> by
evapotrarbpiraLion. resulting in large peak runoff increases and either their negative effcets
or the e.\llense of countering them with structural solutions,
· Mail\tain naLllt"al storage reservoirs and drfJinage corridors, including depressions, a1'e;1S of
permeable soits. swales, and intt>rrnittenL sU-eams, Develop and implement policies and
2 of..t
Califoll1ia Stormv..ate<- BMP Handbook
Nel.' D~velopment and R..development
1,','1" cabmpha ndbooks.com
January 2003
171h Street Triangle Lease (07.01.09)
Santa Ana River Channel
EOI-RI552
Site Design & Landscape Planning
5:0...10
regulations to disco Ulllgf' the clearing, f1l1illg, and channelization of these feature.s. Utilize
Utem !1I drainage networks in preference to pipes, cllll-'elts, and engineered ditches.
· b'alua ting inliltmtion oppOitunities by referring to the stonnwater management Illanual for
the jurisdielion and pay particular attention to t.he selection eriterill for avoiding
groundwater cOlltamination, poor soils, and hydrogeological conditions that cause the.se
f<id!ities tCl faiL If necessary, loc~He developments with large amoulll'i of impenious
sut1aees Clr a pot.ential to produce relatively contaminated runoff away from gnmndwatel'
recharge :J reas.
1-'l'OtcctiOIl a/Slopes and Channels dun'ng J.alld..,cape Design
· Convey runoff safely from the t.ops of slopes.
· AWJid disturbing slt'ep or unstable slope.'i.
· Avoid disturbing natural channels.
· S~tbilize disturbed slopes as quickly ~iS possible,
· Vq:;date slopes with native or drought toler;mt. vegetation.
· Control and treat l10ws in IJllds('aping and/or other controls prior to reaching e.x.isting
natural drainage systems.
· Stabi]ize temporal)' and permanent channel crossings as quickly as possible, and ensure that
increases ill run-ofh'e1ocity and frequency caused by the project do not erode the channel.
· Inst.all energy dissipaters, such as liprap, at. the outleL<; of new storm drains, cuh'erts,
conduits, or ell:JlIncl'i that enter unlined channels in accordance wit.h applic<Lble
spccifications t.o minimiz.e erosioll. Energy dissipaters shall be installed in such a way as to
minimize imp:Jcts t.u rccei\ing waters.
· Line on-site eOJweyance channels where appropriat.e, to reduce el'Osion caused by increased
Oow velocity due to increases in tributary impenious area. The first choice for linings
should he grass or some other vegetative surface, since these materials not only reduce
runoff velocities, but also pnwide water quality benefiL<; from filtration and infiln'ation. If
velocities in the channel are high enough to erode grass or other \tegetative linings, ripl'ap,
~oncrete, soil cement, 01' geo-grid stabilizat.ion are other alternatives.
· Consider otber design principles that are compara ble and equally effective.
U(!c/n,C!loj1i1lg L\:isllug [nslullulh,lIs
Various jurisdictional stormwater management. and mitigation plans (SUSMP, WQfl.H'. etc.)
detine ~l'edevdopment" in terms of amounts of additional impervious area, increases in gl'Os..~
0001' area and/or exterior construction, and land dist.urbing activities with structural HI'
impervious SUt1aL'es. The definition of ~ redevelopment" must be consult.ed to determine
whetber 01' not U1C n~quirements for new development apply to areas intended for
redevelopment. If the deiinition applie.'l. the steps outlined under ~designing new installations"
abo\'l' should be followed.
JanualY 2003
Califomia StOt'lTw.'at<<.. BMP Handbook
Ne\., Development and Redevelopment
V"".,. cabm pha ndbooks.com
, of4
17'h Street Triangle Lease (07.01.09)
Santa Ana River Channel
EOI-RI552
50-10
Site Design & Lands-cape Planning
Kedevclopment may present significant oppOltunity to i'ldd features which had not pre\'iously
been implemented. Examples include incorporation of depressions. areas of permeable soils,
and "walt':'. ill newly redeveloped areas. While some site eonstrainL<; may e.ust due to the status
of alrt.ady existing infrastructure. opportunities should not be missed to maximize inft.ltI'ation.
sloH' I1mol'f. reduce impen'ious are.as. dL~connect direcUy connec.ted impel,ious areas.
Other Resources
A [\-lanual for the Standard Urban Stormwatel' Mitigation Plan (SUS?t.'IP). Los Angeles County
DCp31tment of Public Wcwks. May 2002.
Storm\\'ater !\'lanagcment i\Iallufll for \Vr?stern \Vashington, \Vashington State Department of
Ecology, August2001.
I\'lodeJ Standard Urban Storm \,Vatcl' l\litigation Plan (SUSi\IP) for San Diego County. Port of
Sml Diego. and Cit.ie.~ in SanlJiego County. Febru.1ry 14, 2002.
Model Water Quality Management Plan (\VQM P) for Cnullty of Orange, Orange County /.1ood
Control District. ;Uld the Incorporated Cities of Orange County. Draft: February 200:{.
Ventura Count:>'\\~de rechnical Guidance n.'lanual for st(mnW3ler Quality Control 1-leasmes,
.J uly 2002.
4 of 4
California Stormv..ate,' BMP Handbook
Ne,-, Dev-=Jopment al~d Redevelopment
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Januar)' 2003
17th Street Triangle Lease (07.01.09)
Santa Ana River Channel
EOl-R1552
Efficient Irrigation
50-12
Design Objectives
./ Maxlmi:e Infiltration
./ Provide Retenticn
./ Slow RUIloff
Minimize Imoer..ious land
Co...era'~e
Prohibit D\.impin9 cf Imprc''Per
Ma,eria IG
Contain Pollutants
Collec: <lnd Convey
Dcscription
Irrigation w.9tl'r pn'J\"ided to landscaped Meas ltlay result in exce...<;s i11'igatioll water being
erHlveyed into storrnwater drainage systems.
Approach
Project plan designs for dClclopmcllt and redevelopment shrmlcl include application methods of
irrigation water th;lt minimize runoff of excess irrigation water into the stormwatcl' conveyance
sys tem.
Suitablc Applications
Appropriate appljcalions include residenlial, commercial and industrial areas planned for
development or redevelopment. {Detached residential single-family jwmes are typJcaJiy
excluded from this requirement.)
Dcsign Considcrations
/)esiYHillY Sell' 11l.'.lu I/ul iOlls
The following rnClhods tt'J reduce excessive irl'igalion runoff should lw considered, and
ineorporated and impleJllented where determined app]ieable and feasible by Ule Permittee:
.
Employ raill-tl"iggert~d shutoff de\1CeS to prevent inigaLioll aflerprecipitation.
.
Design irrigation systems to each landscape area's specific water requirements.
.
Indude design featuring tlcm' reducers or shutoff val\'es tri&.\;ered by a pressure drop to
l~olltl'ol \\';Jtcr loss in the event of broken sprinkier heads or lines.
llllplement Iandscapc' plans coJlsistent \\'i11J COlLnty or City water conservation resolutions,
which rtlilY include IH'o'1sion of \vater senSOJ:~,. programmable
irrigation times (for short cvcks). etc.
.
-,c'J.CA S a A
....,::'-.:_."_...;.;~-~....."..~.~.. -....... -..- .
,- I C1Jirorn!ol
StormWater
Quality
Auociation
January 2003
Caliiornia Stotm.,at.... aMP Handbook
Nevi Development and Redevelopment
www.cabmphandbooks.com
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EOI-RI552
50-12
Efficient I.rrigat!ion
· Design timing a nd application mdhod.~ of inigation waterto minimize the runoff of excess
irrigation water into the storm water drainage systcm.
· Group plants with similar water requirement.s in order to reduce excess irrigation runoff and
prolnott' surface filtration. Choo,:;e plants with low irrigation requirements (for example,
native oj' dl'oughtto]er;:lIlt spceies). Consider design features such as:
L.1sing mulches (such as wood chips or bar) in planter areas without ground cover to
minimize sediment ill runoff
Installing appropriate plant mateiiaL~ fOt' the kJl~qtiont in accord.ance \\1th alllollnt of
sunlight J nd climate. and llse native pl,1I1t tnatctials where !)ossible and/or as
recummendc'd by the landscape architect
Leming a vegelati vc barrier along the pmpelty bOllndary and illterior \\'Jtercollrses, to
act as <1 pollutJnt filter, where appropriate and feasible
Choosing plants that minimize OJ' eliminate the use offeltilizcr or pesticides to sustain
gm\\th
· Employ' other comparable, equally effedive methods to reduce irrigation water runoff.
HC!dt'l'e/oJlj"!l Fxisl illY 11I.'il u[lllliolls
Various jurisdictional storrnwater management and mitigation plaus (SUSMP, \VQM P. etc.)
define ~rede\'dopmellt" in terlilS of amOlUlts of additional impel'\ious area, increases in gross
tloor area and/or extetior cOllsu.uctiotl. and land disturbing activities with structural or
impen,olLs sllrf,H~es. The definition of" rcdevelopment" must he consulted to determine
whether or not the ('eqlliremcnts for new developmcnt apply to areas intended fot'
t'ede\t:lopmlC'nt. Lf the definition applies, the steps outlined uncle!' ~designing new instaUatiuos"
abo....e should be follo\\'lOd.
Othcr Rcsources
A Manual for the Standard Urban Stonnwater !I'litigation Plan (SUSMP). Los Angeles County
Depaltlllent of Public \VorLs, 1\.1ay 2002.
Model Standard Urban Storm Water I\litigation Plan (SUS~IP) for San Diego County. POtt of
San DiegfJ, and Cities in San Diego County. Febt"Uary 14, 2002.
1'>'lodc! Water Quality :\tanJgemellt Plan (\VQMP) for <-~nunty ot Otange, Orange Cnunty I-lood
Control District. ;,l1ld the Incorporated C.ities ofOl'ange County, Draft r'cbruary 200:{.
VentLlra Countvwidc lechnical Guidancc \Ianual for Stormwaler Quality Control .Me.asUl'e~.
,J uly 200L
J of 2
Cal-irolT,ia Storn"'",ab:-r BMP Handbook
New De,v.elopment and Redeve,lopment
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Ja'f1ual"t' 2003.
17'h Street Triangle Lease (07.01.09)
Santa Ana River Channel
EOI-RI552
Trash Storage Areas
Description
Trash stol~ige at'ea" are arcas ,,"herc' a tra"h receptacle (:;) are
located for'usl' as 3 repository for soiid 1,'3stes, Stor1l1water
rUIH)ff from areas where trash is storcd or db posed of can be
polluted. In addition, loose trash and debris can be easily
tran,,;ported by ,.vater or wind into nearby stOtm drain inlets,
channels. and/or creeks. \Vaste handling operations that may be
sourcc,; of storm water pollution include dumpsters, litter controL
and waste piles,
Approach
This fact shC'd cont~lilts details on the specific measures required
to prevent or reduce pollutants in storm \\,ater runoff associated
with tnlsh storage and hancUillg. Pre\'cntatiw: measures
including encln,,;urc's. containtUellt structures, and imper\ious
pavements to mitigate spills, should be used to redue(' the
likdilwod of C'Ontamitwtion.
50-32
Design Objectives
Maximize Infiltratf3n
~'ro~'ide Ret~r.ricr.
ShJW Ru noff
Minimize ImperJ;ous land
CO'.'erage
Prohibit Dumping of Improper
Ma;e~iafG
./ Contain Polh.ltant;
C-311.,c, and Convey
Suitable Applications
Appropriate applkatiolls include regidelltial, commcrcial and industrial areas planned for
de\'c']opmcnt or redevelopment. (Detached rC.sidenLia] single-family homes are typieall.\'
c-xeluded fnHlllhis requiremenL)
Design Considerations
Dc'sign requirements for 1"as1e handling arc-as are govcrned by 13uilding and Fire Codes, and by
current local agency ordinances and zolling requiremellLq. The design criteria described in this
fact sheet arc- meant to enhance and he consistent wilh these code and ordinance requirement.<;,
Haz.1rdou,,; waste should be handled in accordance \li1h legal requiremcnt.'i (\stalJ1i"hed in Title
'22, CaJjfornia Code of Regulation.
\'Vaslcs fr(JIll eOlluuer-eial and industrial sites are t)1)ieally hauled by either publie or commercial
Carl'iel'S Ll1at may have design or sceess requircments for waste storage areas. The design
er[teria in thi,,; fact sheet are recommendations and are not intended to be in eonmet willI
requit'el!lellL~ established by tht, waste hauler, The waste hauler should be eontacted prior to the
design nf ,l'OUl' sit.:: trash collection areas. Conflicts or issues should be discllssed witi1 the loc<11
agency,
J)C,'iigll illY :Vt'll' iTllilu {flll iOlls
Trash storage areas should be designed to consider Ule following stl'llctural or tJ'eatment cOlltrol
1l~'1 Ps:
· Design tJ~lsh l'olltainer are.iS so lhat drainage from adjoining roofs and p.HHllcnt is din;[ted
around the area(s) to avoid run-Oil, "11lis might include benning
ur grading the wasle handling area to prl'\'cnr run-on of
slorJllwater, C .~ S QA
.....".......-=-.~<;=:,,::_. '.
· [\'lake SLtrt: trash container ;lreas arc screened or walled to
prevenl off-site transport of trash.
Clnf o(lH~
Stqrmwater
Quality
As5o~iation
JanualY J003
Califomia Storml-/atE'" SMP Handbook
NeOi Development and Redevelopment
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5D-32
Trash Storage Areas
· Llsc'lined bills ot" dllmpste]~~ to reduce leaking of liquid waste.
· Provide ronfs, awnings. or attached lids 011 all trash containers to minimize direct
prccipil;ltion and prevent rainfall from entering containers.
· Pave trash storage areas \\'ith an impenious surface to mitigate spills.
· Do not locale storm drains in immediate \ic.inity of the trash storage area.
· Post signs on all dll1l1psters informing users that hazardous matetiaL~ are not to be disposed
of therein.
Redt'l'elOJliIlY L\'istiIlY I list UUlI t ions
Various .iurisdictional stortll\\'ater managemcnt and mitigation plans (SUSI\H'. \V()J\'lP. etc.)
ddiue ~redel'dopmc.llt' in terms of anwunts of additional impervious area. increases in gross
[loor area and/or ex1crior cOllstruction, and land disturbing acti\ities \\'ith structural rJ!'
impe!'\10IlS surface". The definition of~ red"~\'el()pmellC must be consulted to determine
whether or not the requirements for new development apply to areas intended for
redC\eloplllenL If the definition applies, the steps outlined under ~designing new installatiotls~
abcl':e should be followed.
Additional Information
,l/ Uilllt'IIlIIH'(' COILS itlen! lions
The integrit~y of structural elements that are subject to damage (i.e., screens, eOVC1'S, and signs)
must be maint;liJ1Cd by thc OInler/operatol'. il-laintenancc agl'CemenL~ betweeu the local agency
and the O\\l\er/operator may be required. Some agencies \\iIlrcquirc maintenance deed
re,~tricLions to be recorded of the property title. If required by the local agency, maintenance
agreemenl~ or deed restrictions must be executed by the owner/operator before improvement
plilliS are approved.
Other Resources
A Manllai for the Standard Urban .Stormwater Mitigation Plan (SUSMP), Los Angeles County
Depaltment of Public Works. May 2002.
Mode! Standard Urban Storm \Vater .Mitigation Plilll (SUSMP) for San Diego County, Port of
San Diego. and Otic.s in San Diego County, February 14, 2002,
!'>lodel \'Vater ()u.llity ~lallagement Plan (\V()M P) for COUl\ly of Orange, Orange County noO(!
C:ontroi District. and the ItHxJrporated Cities of Orange County. DrHft February 200:{.
Vcntura County\\ide Tedmical Guidane:e ?>.Ianu3l for Storm water ()uality Control !\Ic:lsures,
.J uly 2002.
2 of 2
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Janua,)' 2003
17'h Street Triangle Lease (07.01.09)
Santa Ana River Channel
EOI-RI552
Solid Waste Management
~r
..'J~
Desc ri ptio 11 a I1d Pu rpose
Solid waste management prOCed\lreS and practices are designed
to prevent or reduce the discharge of pollutants to storm water
from solid or construction waste by providing: designated waste
collection areas and c.ontainers, arranging for regular disposal,
and training emplo~'ees and subcontractors.
Sui tab leApp Iicatiol1s
This BMP is suitable for construction sites where the following
wastes are generated or stored:
· Solid waste generated from trees and shrubs removed
during land clearing, demolition of e:tisting structures
(rubble), and building construction
· Packaging materials including wood, paper, and plastic
· Scrap 01' surplus building materials including scrap metals,
rubber, plastic. glass pieces and masonry products
· Domestic wastes induding food containers such as bewrage
cans, coffee cups, paper bags, plastic wrappers, and
cigarettes
· Constl11ction wastes including brick. mortar, timber, steel
and metal scraps, pipe and electric~l c.uttings, non-
hazardous equipm-ent parts, styrofoam and other materials
used to transport and package construction materials
WM-5
Objectives
EC
SE
TC
WE
Erosicn Cc,n:rol
Sediment Cant-oi
T raekir,g Control
Wind Erosion Contrel
Non-8tor111wa:er
Managem~n[ Conuel
W,~sre Managernen: and
MatE:r",ls Polluron Centrol
./
NS
WM
legend:
./ Primary Objective
.r Secondary Objective
Targeted Constituents
Sediment ./-
Nl.ttrien;s ./
Trash ./
Metals ./
B.~o.e ria
0:1 and G,"ease ./
Organics ./
Potential Alternatives
None
j\ SOA
~o'Q,f'_,;'"<..~r.._",. _
California
St()rmw,"~r
Ouallty
As.>ociatlon
JanLla1Y 2003
Califomia StcnrMatH SMP H<mdbcok
Const,.uction
',v.'r.v, cabm pha"dbooks.conl
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WM-S
Solid Waste Manage.ment
· Highway planting wastes, including vegetative material, plant containers, and packaging
materials
Lilll i to tio I1S
Temporary stockpiling of certain construction wastes may not necessitate stringent drainage
related controls during the non-rainy season or in deseLt areas with low rainfall.
I III plelllentatio 11
The following steps will help keep a clean site and reduce storm water pollution:
· Select designated waste collection areas onsite.
· Inform trash-hauling contractors that you will accept onlywatertigllt 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 see.ondary containment.
· Provide an adequate number of containers ...:ith lids or covers that can be placed over the
container to keep rain out or to prewnt loss of wastes when it is windy.
· Plan for additional containers and more frequent pickup during the demolition phase of
construction.
· Collect site trash daily, e.spe,cially during rainy and windy conditions.
· Remove this solid waste promptly since erosion and sediment control devices tend to collect
litter.
· 1'.'lake 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.
· Do not hose out dumpsters on the COllstruction site. Leave dumpster cleaning to the trash
hauling contractor.
· Arrange for regular waste collection before containers overflow.
· Clean up immediately if a container does spill.
· Make sure that construction waste is collected, removed, and disposed of only at authorized
disposal areas.
Education
· 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 dispos,a] procedures.
2 or 4
California StOtmwatH BMP Handbook
Constr"1Jction
"'''Y\Y. cabm phandbooks. com
Janua,y 2003
17'h Street Triangle Lease (07.01.09)
Santa Ana River Channel
EOI-R1552
Solid Waste Management
WM-5
· Hold regular meetings to discuss and reinforce disposal procedures (incorporate. into regular
satety ~leetings).
· Require that employees and subcontractors tollow solid ,,'aste handling and storage
procedures.
· Prohibit littering by employees. subcontractors, and \'isitors.
· Minimize production of solid waste materials wherever possible.
Collection. Stor'agl'. and Disposal
· Littering on the project site should be prohibited.
· To prevent clogging ot the storm drainage system. litter and debris removal from drainage
grates. trash racks, and ditch lines should be a priority.
· Trash receptac.les should be provided in t11e contractor's yard, field trailer areas, and at
locations where workers congregate for lunch and break periods.
· Litter trom work areas within the construction limits of the project site sllOuld be. collected
and placed in watertight dumpsters at least weekly, regardless of whether the litter was
generated by the contractor, the public, or others. Collected litter and debris should not be
placed in or nex1: to drain inlets, stormwater drainage systems, or watercourses.
· Dumpsters of suftlcient size and nUlllber 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 waste should be removed fro111 the site biweekly or more fre.quently
as needed.
· Construction material visible to the public should be stored or stacked in an orderly manner.
· Stormwater nmon should be prevented from contacting stored solid waste through the USt>
of berms, dikes. or other temporary diversion structures or through the use of l11t>asures to
elevate waste from site smfaees.
· Solid ,,'aste storage areas should be located at le,ast 50 ft from drainage facilities and
watercourses and should not be located in areas prone to fio,oding or ponding.
· Except during fair weather. construction and highway planting waste not stored in
wate11ight dumpsters should be securely covered from wind and rain by covering the \\'aste
with tarps or plastic.
· Segregate potentially hazardous ,,'aste from non-hazardous construction site waste.
· }''lake sure that toxic liquid wastes (used oils, solvents, and paints) and chemicals (acids,
pesticides, additiws, curing compounds) are not disposed of in dumpsters designated for
construction debris.
Janua,y 1003
CaLifornia Sto,"mwate)" aMP Handbook
Constnlction
W"~'.~ .cabm phal1dbooks,com
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WM-S
Solid Waste Manage'ment
· for disposal ofhazclrdous waste, see "'M-a, Hazardous "Taste Management. Have
hazar~ous waste hauled to an appropriate disposal and/orrecyding facility.
· Sah;age or re~yde useful vegetation debris, packaging and surplus building material.s 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 verify that activity-based EMPs are in place prior to the commencement of
associated activities. 'I;Thile activities associated with tho? BMP are under way, inspect weekly
during the rainy season and of two-week intenrals in the non-rain)' season to verify
continued EMP implementation.
· Inspect m..rps subject to non-storm\\'ater discharge daily\\'lllle non-storm water discharges
occur
· Inspect construction waste area regularly,
. A.l.'range for regular waste collection.
References
Processes, Proc€dures and :.Methods to Control Pollution Resulting from All Construction
Activity, 430/9-73-007, USEPA, 1973.
Stonnwater Quality Handbooks - Construction Site Best ~JanageU1ent Practices (EMPs) 1Ilanual,
State of Cali fomi a Departl1l€nt of Trallsportation (Caltrans), November ~ooo.
Storluwater I\-Ianagemellt for Construction Activities; Developing Pollution Prevention Plans
and Best )lanagement Practice, EPA 832-R-9200S; USEPA, April 1992.
4 of ~
California Stonn...at",. BMP Handbook
Consb-uction
\w/w, cabm phandboc,ks.com
Janua,'{ 2003
17'h Street Triangle Lease (07.01.09)
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EOI-RI552
EXHIBIT 0
GENERAL CONDITIONS (pMGEI.2-29.1)
1. TIME (PMGEI.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. CONTROL OF HOURS, PROCEDURES, AND PRICES (pMG4.2 N)
TENANT shall at all times maintain a written schedule delineating the operating hours and operating
procedures for each business operation on or from the Premises.
Upon written request, TENANT shall furnish the Director a copy of said schedules and procedures.
Should Director, upon review and conference with TENANT, decide any part of said schedules or
procedures is not justified with regard to fairly satisfying the needs of the public, TENANT, upon
written notice from Director, shall modify said schedules or procedures to the satisfaction of said
Director.
TENANT agrees that he will operate. and manage the services and facilities offered in a competent and
efficient manner at least comparable to other well managed operations of similar type.
TENANT shall at all times retain active, qualified, competent, and experienced personnel to supervise
- TENANT'S operation and to represent and act for TENANT.
TENANT shall require its attendants and employees to be properly dressed, clean, courteous, efficient,
and neat in appearance at all times. TENANT shall not employ any person(s) in or about the Premises
who shall use offensive language or act in a loud, boisterous, or otherwise improper manner.
TENANT shall maintain a close check over attendants and employees to insure the maintenance of a
high standard of service to the public. TENANT shall replace any employee whose conduct is
detrimental to the best interests of the public.
17th Street Triangle Lease (07.01.09) Gen. Cend.
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E01-R1552
TENANT'S failure to comply with the provisions of this clause shall constitute a serious breach of this
Lease and DISTRICT may immediately terminate this Lease.
5. 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.
6. 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.
7. 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 oflaw, statute, bylaw, or ordinance of a
governmental agency having jurisdiction.
8. 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.
9. 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.
10. 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
17th Street Triangle Lease (07.01.09) Gen. Condo
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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 ofthe
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 terms of Section 1542, hereby waives all benefit of its
provisions to the extent described in this paragraph.
:~,
11. 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.
12. SUCCESSORS IN INTEREST (PMGEI2.2 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.
13. CIRCUMSTANCES WHICH EXCUSE PERFORMANCE (PMGEI3.2 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
14. PARTIAL INVALIDITY (PMGEI4.2 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.
15. WAIVER OF RIGHTS (PMGEI5.2 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
17th Street Triangle Lease (07.01.09) Gen. Condo
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the terms, covenants, and conditions ofthe 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.
16. DEFAULT AND REMEDIES (PMGE16.2 N)
A. Events Of Default
The occurrence of anyone 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 ofthree (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.
3. The failure or inability by TENANT to observe or perform any ofthe provisions of this
Lease to be observed or performed by TENANT, other than specified in subparagraphs A.l.
or A.2. above, where such failure shall continue for a period often (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.
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 TEN ANT 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.
17th Street Triangle Lease (07.01.09) Gen. Condo
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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 ofreletting, 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 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.1.(a) above, the "worth at the time of award" shall
be computed by allowing interest at the maximum rate permitted by law.
2. 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
17th Street Triangle Lease (07.01.09) Gen. Condo
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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 ofa surrender of
the Pr~mises, 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 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.
17. 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.
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18. 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.
19. CONDITION OF PREMISES UPON TERMINATION (PMGE20.2 S)
Except as otherwise agreed to herein, upon termination ofthis 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.
20. 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.
21. 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.
22. 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.
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23. 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
corporatiop, in accordance with the by-laws of said corporation, and that this Lease is binding upon said
corporation.
24. 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
conf1dential, or not subject to inspection by the public, including without limitation reasonable attorneys'
fees and costs.
25. 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 ajoint
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.
26. 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.
27. 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.
17th Street Triangle Lease (07.01.09) Gen. Condo
VIII