HomeMy WebLinkAboutItem 08 - River View Golf Course Land Lease with Orange County Flood Control District City Manager's Office
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www.santa-ana.org/cm
Item # 8
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 7, 2026
TOPIC: River View Golf Course Land Lease with Orange County Flood Control District
AGENDA TITLE
Approve Lease Agreement with the Orange County Flood Control District for River View
Golf Course Property Located at 1800 W. Santa Clara Avenue
RECOMMENDED ACTION
Authorize the City Manager to execute a 25-year lease agreement with the Orange
County Flood Control District for the River View Golf Course, located at 1800 W. Santa
Clara Avenue (Santa Ana River Channel Facility Nos. E01-1008, 1008.1, 1051.01,
1052.01 and 1053), beginning May 1, 2026, with provisions for five optional five-year
extensions, with an annual lease payment of$200,000, increasing by CPI capped at 3%
per year.
GOVERNMENT CODE 484308 APPLIES: No
DISCUSSION
The original 9-hole Riverview Golf Course was constructed on City-owned land in the
early 1960's. On September 2, 1969, River View Golf LLC entered into an agreement
with the Orange County Flood Control District (District) for use of approximately 70
acres of District land along the Santa Ana River Channel to expand the golf course into
an 18-hole facility. The District's land is used for nine (9) of the 18 golf course holes.
The driving range, putting green, clubhouse, pro shop, cart barn, parking lot, and
remaining nine (9) holes are located on City-owned land.
The land lease agreement between the District and River View Golf LLC expired
January 26, 2026. The District and River View Golf LLC have extended the agreement
on a month-to-month basis while awaiting a long-term agreement with the City. The
current lease payment to the District is a share of net golf course income, an
approximate total of$288,000 for the 2025 calendar year.
On March 3, 2026, City Council approved an agreement with CourseCo, Inc. to operate
the River View golf course for the City, as the current operator agreement with River
View Golf LLC expires on April 30, 2026. The City has negotiated a proposed land lease
agreement with the District to continue using its 70 acres for the golf course (Exhibit 1).
River View Golf Course Land Lease with Orange County Flood Control District
April 7, 2026
Page 2
The term of the proposed agreement is 25 years with five (5) additional, 5-year
extensions at the City's option. The proposed annual lease payment to the District is
$200,000, to be paid in 12 equal monthly installments, increasing by CPI capped at 3%
annually.
If City Council approves the proposed agreement, it will be presented to the Orange
County Board of Supervisors for approval on April 14, 2026 to become effective on May
1, 2026.
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act (CEQA) and the CEQA
Guidelines, the Project is categorically exempt from further review per Section 15301
(Class 1 — Existing Facilities) of the CEQA Guidelines. Class 1 exemption applies to the
operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of
existing public or private structures, facilities, mechanical equipment, or topographical
features, involving negligible or no expansion of existing or former use. The Project
involves execution of a 25-year lease agreement with the Orange County Flood Control
District for the River View Golf Course, an existing golf course with ancillary supportive
facilities, beginning May 1, 2026. No site alteration, expansion of service, or other activity
is proposed that would have a physical effect on the environment, and any future
improvements to the site following execution of the lease would be reviewed pursuant to
the CEQA Guidelines for any project-specific impacts. Based on this analysis, a Notice of
Exemption will be filed for this Project.
FISCAL IMPACT
Lease payments totaling $200,000 in the first year of the agreement will be made from
the River View golf course operating account as part of the City Council approved
budget each year, and will be recorded in the River View golf course enterprise fund
account 11213200-62500.
EXHIBIT(S)
1. Lease Agreement with Orange County Flood Control District
Submitted By: Kathryn Downs and Minh Thai, Assistant City Managers
Approved By: Alvaro Nunez, City Manager
Lease Number 2026-
qWFacility Number E01-1008,1008.1,1051.01,1052.01 and 1053
Location Name:Santa Ana River channel between 22 Fwy and 17°i St.
Premises Address 1800 W.Santa Clara Avenue,Santa Ana,CA 92706
LEASE
THIS IS A LEASE (hereinafter referred to as "Lease") made 2026,
("Effective Date")by and between ORANGE COUNTY FLOOD CONTROL DISTRICT, a body
corporate and politic (hereinafter referred to as "District" or "Lessor") and CITY OF SANTA
ANA, a municipal corporation and charter city, (hereinafter referred to as "City"). District and
City may individually be referred to herein as a"Party" or collectively as the "Parties."
RECITALS
A. Pursuant to that certain agreement between the District and River View Golf LLC dated
September 2, 1969 as amended("District Agreement"),River View Golf LLC has operated
River View Golf Course, a public golf course, on a portion of the District's Santa Ana River
Channel, identified as Facility Nos. E01-1008, 1008.1, 1051.01, 1052.01 and 1053
collectively containing approximately 70 acres("District Property")located along the Santa
Ana River between the 22 freeway and 17th Street in the City of Santa Ana, California. The
District Agreement expired on January 26,2026, and is in holdover status for the termination
of the District Agreement to be coterminous with the City Agreement, as defined below.
B. Pursuant to that certain agreement between the City and River View Golf LLC dated August
21, 1961 as amended ("City Agreement"), River View Golf LLC also operates portions of
the golf course, the driving range, a pro shop,parking, a bar and a restaurant on City owned
property adjacent to the District Property, that is identified as 1800 W. Santa Clara Avenue,
Santa Ana, CA. The City Agreement is set to expire April 30, 2026.
C. At the expiration of both the District Agreement and City Agreement, River View Golf LLC
will cease operations, and the City will take over operation of the golf course, as more fully
set forth below. The City has requested that the District lease its District Property to the City
to allow the continued the operation of River View Golf Course as an 18 hole public golf
course.
NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein
by this reference, and the mutual covenants and agreements contained herein, and for other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
District and the City agree as follows:
1. DEFINITIONS (1.0 SR)
The following words in this Lease shall have the significance attached to them in this Clause
(DEFINITIONS), unless otherwise apparent from context:
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Agency/Program Standard Revenue Lease Form
"Board of Supervisors" means the Board of Supervisors of the County of Orange, a political
subdivision of the State of California.
"CEO/Office of Risk Management" means the Risk Manager, County Executive Office, Risk
Management, County of Orange, or designee, or upon written notice to City, such other person or
entity as shall be designated by the County Executive Officer or the Board of Supervisors.
"Chief Real Estate Officer" means the Chief Real Estate Officer, County Executive Office,
County of Orange, or upon written notice to City, such other entity as shall be designated by the
County Executive Officer.
"Chief Engineer"means the Chief Engineer, OC Public Works and/or District,County of Orange,
or designee, upon written notice to City, such other person or entity as shall be designated by
Director.
"County Counsel" means the County Counsel, County of Orange, or designee, or upon written
notice to City, such other person or entity acting in a similar capacity as shall be designated by the
Board of Supervisors.
"County Executive Officer" means the County Executive Officer, County Executive Office,
County of Orange, or designee, or upon written notice to City, such other person or entity as shall
be designated by the Board of Supervisors.
"Director of OC Public Works" or "Director" means the Director of Orange County Public
Works or designee.
"Treasurer-Tax Collector" means the Treasurer-Tax Collector, County of Orange, or designee,
or upon written notice to City, such other person or entity as shall be designated by the Board of
Supervisors.
2. PREMISES (1.1 SR)
District hereby leases to City, and the City leases from the District, the District Property located
within the Santa Ana River Channel, commonly known as River View Golf Course in Santa Ana,
CA, as described in Exhibit A and shown on Exhibit B, ("Premises") which exhibits are attached
hereto and by this reference made a part hereof. The Premises are accepted"as is" and"where is"
by City, subject to any and all existing easements and encumbrances.
3. USE (1.2 SR)
City's use of the Premises shall be limited to continuation of the existing golf course facility and
operations, including operation of an eighteen-hole public golf course and landscape
improvements (e.g., grading, landscape architecture, cart paths, tees,plantings, irrigation systems
and any repair and maintenance related thereto. No additional landscaping, trees, shrubbery or
plantings shall be added to the Premises and landscaping will not be allowed to expand outside of
the existing greens, without a county permit and prior written approval of the District. Permitted
activities shall include public golfing, the sale of food and beverages consistent with golf course
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Agency/Program Standard Revenue Lease Form
operations, golf lessons, tournaments, events, and similar functions including the use of golf
equipment and motorized golf carts.
The above listed uses are the only uses permitted. City agrees not to use the Premises for any other
purpose,nor to engage in or authorize any other activity within or from the Premises,without prior
District approval. District approval is subject to negotiation by the Parties and may result in
additional charges for Rent and/or Additional Rent as those terms are defined and used in Clause
9 (RENT) below; however, District shall have sole discretion to authorize or deny any additional
activity requested by City consistent with the flood control purposes of the Facilities, as defined
below. Additionally, the City shall not use the Premises or any portion thereof for any illegal or
unlawful purpose and will not cause or permit a nuisance or waste to be created or maintained
thereon.
City agrees that no new improvements shall be erected, placed upon, operated, or maintained
within the Premises without the District's express written consent. City agrees that no business
shall be conducted or carried on therein or therefrom, in violation of the terms of this Lease, or of
any regulation, order of law, statute, bylaw, or ordinance of a governmental agency having
jurisdiction.
4. DISTRICT'S USE RESERVATIONS AND RIGHT OF ENTRY (1.3 SR)
The Premises lie within an area required for the maintenance and operation of the Santa Ana River
and the Santiago Creek flood control and water conservation facilities ("Facilities"). These
Facilities are an integral part of a flood control and water conservation system that District operates
to fulfill its primary function of protecting life and property in Orange County. Use of the Premises
by City shall be at all times subordinate to use by the District for activities related to flood control
or water conservation. District reserves the right for itself, and the U.S. Army Corps of Engineers
("USACE") from time to time, without unreasonable interference, to access, enter and use the
Premises. City shall cooperate with District and/or any of the persons or entities acting for, on
behalf of or cooperating with the District, during scheduled operations or unanticipated events that
require access to the Premises. District shall make best efforts to plan and notify City in advance
of its intent to access the Premises.
All rights reserved to the District in this Lease shall be exercised by District at its sole and absolute
discretion. District shall incur no liability to City or others whose interest in the Premises stems
from that of City for any action undertaken while accessing the Premises including construction,
reconstruction, maintenance, operation, improvement, enlargement or modification of said
Facilities by District or any of the persons or entities acting for, on behalf of or cooperating with
the District.
City further waives all claims and recourse against District, including the right of contribution for
loss or damage of persons or property arising from growing out of or in any way connected with
this Lease, including each and every type of damage caused by flooding, erosion or otherwise to
the Premises that may result from the District's flood control facilities or work on or near the
Premises,except claims arising from the concurrent active or sole negligence or willful misconduct
of the District.
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5. PARKING (1.4 SR)
All Parking required for the City's operation of the golf course is located wholly within the City
owned property. Other than golf carts in the process of play,no parking shall be permitted upon the
Premises without written approval of the District.
6. TERMINATION OF PRIOR AGREEMENTS (1.5 SR)
Intentionally Deleted
7. TERM (1.6 SR)
The initial term of this Lease shall be for Twenty Five (25)years ("Term"), commencing May 1,
2026 at 12:01AM (Commencement Date),unless otherwise modified by mutual written consent
of the Parties, and upon the conditions that both the District Agreement and City Agreement are
no longer in effect and the prior tenant, River View Golf LLC, has vacated the Premises. The
Parties agree that the Commencement Date of this Lease will be confirmed in writing by either
Party upon demand by the other. Either Party may terminate this agreement at any time, without
cause by giving the other Party one hundred and eighty days' (180) advance notice of such
termination.
8. CITY'S OPTION TO EXTEND TERM (1.7 SR)
Provided City is not in and has not been in Default under this Lease or any approved Extension
Term of this Lease, as defined in Clause 32 (DEFAULTS AND REMEDIES), City may exercise
its right to extend the Lease for up to five (5) additional, five- (5) year terms (Extension Terms).
A request from the City for an extension shall be in writing and must be made no later than one
hundred and twenty (120) days prior to the expiration of this Lease or preceding Extension Term.
9. RENT (1.8 SR)
A. Base Rent. The City shall initially pay to the District annual rent in the amount of Two Hundred
Thousand Dollars ($200,000) for the first 12 months of the Term of this Agreement, payable in
twelve(12)equal monthly installments. Thereafter,the City shall adjust its rent in accordance with
subdivision (B) of this Clause. The first installment shall be due on the Commencement Date of
this Lease.
B. CPI Adjustment. Beginning with the thirteenth (13th) month of the Term, and annually
thereafter, the Rent shall be increased by an amount equal to the percentage increase in the
Consumer Price Index for all urban consumers, Los Angeles-Anaheim-Riverside statistical area,
all items (1982-84 = 100) published by the United States Department of Labor, Bureau of Labor
Statistics ("CPI") for the preceding 12-month period, if any such increase has occurred. Said CPI
adjustment will be capped at a maximum increase of three percent (3%) each adjustment. The
adjusted rent shall be effective with the payment due at the start of each adjustment period.
C. Additional Rent. In the event that City uses or permits the Premises to be used for any activity
not expressly permitted herein, City shall pay to District the greater of Five Hundred Dollars($500)
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or a sum equal to one hundred percent(100%) of the gross revenue derived from such unpermitted
activity. The existence of this charge or the payment or receipt of money under this Clause does
not constitute authorization for City to continue such activity nor does it constitute a waiver of
District's right to require City to terminate such activity. The Parties agree that District's actual
damages in the event of such a breach of this Lease would be extremely difficult or impossible to
determine; therefore, an amount equal to the greater of Five Hundred Dollars ($500) or a sum
equal to one hundred percent (100%) of the gross revenue derived from such activity has been
negotiated and agreed upon by the Parties as the best estimate of District's reasonable damages.
The Parties agree that Rent and Additional Rent shall be absolutely net to District and that, except
as otherwise provided herein, City will pay all costs, charges, insurance premiums, taxes, utilities,
expenses and assessments of every kind and nature incurred for, against or in connection with the
Premises which arise or become due during the Term or any Extension Term as a result of City's
use and occupancy of the Premises. Under no circumstances is District obligated or required to
make any payment of any kind whatsoever or be under any other obligation or liability under this
Lease except as expressly provided in Clause 15 (OBLIGATIONS OF THE DISTRICT).
10. RENT PAYMENT PROCEDURE (2.0 SR)
Rent payments shall be identified within the payment instrument as River View Lease Payment
along with the Lease number as shown in the header or footer of this document and shall include
the month and year such payment applies to. Rent payments shall be delivered to:
Orange County Treasurer-Tax Collector
Revenue Recovery/Accounts Receivable Unit
P.O. Box 4005
Santa Ana, California 92702-4005
All sums due under this Lease shall be paid in lawful money of the United States of America,
without offset or deduction or prior notice or demand. Rent payments must be made by check
payable to the "Orange County Flood Control District." District may change the designated place
of payment and filing at any time upon ten(10)calendar days'written notice to City. City assumes
all risk of late payments if checks are unidentified, or lost, if payments are made by mail.
No payment by City or receipt by District of a lesser amount than the payment due shall be deemed
to be other than on account of the payment due, nor shall any endorsement or statement on any
check or any letter accompanying any check or payment be deemed an accord and satisfaction,
and District shall accept such check or payment without prejudice to District's right to recover the
balance of the amount due or pursue any other remedy in this Lease. Nor shall District's
acceptance of a lesser amount due or delay in pursuing full payment act as a legal bar against
District's recovery of any amount due under this Lease.
11. CHARGE FOR LATE PAYMENT (2.1 SR)
City hereby acknowledges that the late payment of Rent or any other sums due hereunder will
cause District to incur costs not contemplated by this Lease, the exact amount of which will be
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extremely difficult to ascertain. Such costs include but are not limited to costs such as
administrative processing of delinquent notices, increased accounting costs, etc.
Accordingly, if any payment of Rent as specified in Clause 9 (RENT) or if any other sum due
District under this Lease is not received by District within fifteen (15) days after the due date, a
late charge of Two Hundred Dollars ($200) shall be added to the payment, and the total sum shall
become immediately due and payable to District. An additional charge of Two Hundred Dollars
($200) shall accrue monthly for each additional month that said payment remains unpaid.
City and District hereby agree that such late charges represent a fair and reasonable estimate of the
costs that District will incur by reason of City's late payment. Acceptance of such late charges
(and/or any portion of the overdue payment) by District shall in no event constitute a waiver of
City's Default (as defined in Clause 32 (DEFAULTS AND REMEDIES)) with respect to such
overdue payment or prevent District from exercising any of the other rights and remedies granted
hereunder.
12. LEASE ADMINISTRATIVE COSTS (SRLic-2.2 SR)
Intentionally Deleted
13. SECURITY DEPOSIT (2.3 SR)
Intentionally Deleted
14. RECORDS AND ACCOUNTS (2.4 SR)
Intentionally Deleted
15. OBLIGATIONS OF THE DISTRICT
District shall maintain the Facilities adjacent to or within the Premises consistent with comparable
flood control channels pursuant to District's legal obligations, which shall not be subject to the
discretion of the City.
District may provide routine inspections of the Premises and Facilities and shall provide the City a
copy of the most current inspection report, upon City's written request.
District reserves the right unto itself and to USACE to perform any flood control work, including
but not limited to the repair,removal, construction or reconstruction of said Facilities or to do any
other work necessary at any time for purposes of flood control and water conservation, which are
a higher public use than the recreational purposes contemplated by the City. The District may
require the City to close a portion of the Premises as necessary to ensure safety during construction,
maintenance or repair activities involving the Facilities, however, City's rent shall be partially
abated using a daily pro rata formula based on the current rent applicable to the percentage of the
golf course holes closed, using the formula below:
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Agency/Program Standard Revenue Lease Form
Total Abated Rent — Annual Rent x Inoperable Days x Closed Holes
365 Total Holes
District shall review and respond to all City requests for modifications or construction through the
District's encroachment permit process as set forth in Clause 16 (MAINTENANCE
OBLIGATIONS OF CITY),below.
16. MAINTENANCE OBLIGATIONS OF CITY — CONDITIONS AND CARE OF
PREMISES (2.5 SR)
A. City shall, to the satisfaction of District,keep and maintain, or cause to be kept and maintained,
the Premises and all City Improvements (as that term is defined in Clause 19, below) of any kind
in place and used, occupied, or otherwise operated or maintained by the City on the Premises prior
to the Commencement Date, or which may be erected, installed, or made thereon by City or its
Licensee or Licensees, during the Term or any Extension Term of this Lease, in good condition
and in substantial repair, provided that in the event of (i) substantial damage to any such City
Improvements it shall be at City's option whether to repair or replace such improvements
(provided that if the improvements are not to be repaired or replaced,then they shall be placed into
a safe condition or removed), as provided in Clause 20 (OPERATIONAL REQUIREMENTS OF
CITY) below; or (ii) City or its Licensee(s) ceases to use any improvements, it shall be at City's
option to not repair or replace any such improvement so long as the improvement is maintained in
a safe condition or removed. Subject to the foregoing, it shall be City's responsibility to take all
steps necessary or appropriate to maintain such a standard of condition and repair.
B. City shall at its sole cost and expense, keep the Premises clean and in good repair at all times
during the entire term of this Lease including clean-up of any trash or debris that migrates into the
adjacent Facilities from the Premises. Except as otherwise expressly set forth in this Lease, City
shall be responsible for all costs relating to the operation and maintenance of the Premises.
C. City shall be solely responsible for all costs and expenses for any maintenance and repairs
necessitated by the actions of City, or Licensee(s), resulting in an extraordinary load imposed on
underground utilities outside the Premises which actually causes damage or contamination of
Flood Control facilities or property.
D. If City fails to maintain or make repairs or replacements as required herein, District shall notify
City in writing of said failure. Should City fail to correct the situation within ten (10) days after
receipt of written notice specifying the condition to be corrected(provided that such I0-day period
may be extended accordingly if a longer time is reasonably necessary to correct the condition and
City promptly commences such cure and diligently prosecutes it to completion),District 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, shall be paid by City within ten (10) days of receipt of a
statement, including reasonable supporting documentation, of said cost from District.
E. If City receives an inspection notice or a deficiency notice following an inspection by any
public or regulatory agency having jurisdiction, City agrees to make any and all corrections in the
manner required immediately upon receipt of such notice, provided such items and/or corrections
fall within the purview of City's responsibilities as set forth herein. City's failure to comply with
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the provisions of this Clause 16 shall constitute a City Default and the District may proceed with
any and all District Remedies as defined in Clause 32 (DEFAULTS AND REMEDIES), and this
Lease shall be subject to termination at District's option.
F. District shall have no obligation or responsibility to dredge, remove debris, or to maintain,
repair, or replace improvements constructed within the Premises, except as otherwise required by
applicable law, including but not limited to the Orange County Flood Control Act. City shall have
no obligation to dredge the Premises nor to maintain, supervise, repair or replace any
improvements installed by District.
G. City shall be responsible for routine and detailed inspections of the Premises to self-identify,
maintain and repair the Premises and any Facilities impacted by golf play, to its current condition,
as shown depicted in Exhibit B, attached hereto. This includes, but is not limited to, removal of all
trash, removal of all trespassers, vegetation trimming to maintain existing vegetation limits to
prevent vegetation migration into the drainage outlets, herbicide spray program for slopes and
invert, rodent control, hazardous spill cleanup, minor slope erosion, bridge abutment washouts,
riprap repairs, removing obstructions, graffiti abatement, irrigation and landscaping repairs or
modifications, BMPs (as defined hereafter) for sediment and erosion, signage, and any other
maintenance deficiencies identified in writing by District or the USAGE. The difference between
minor slope erosion and major slope erosion shall be determined at the reasonable discretion of
the District's Chief Engineer, who shall provide such support for such determination and
collaborate with the City in good faith when making such determination.
H. City shall also conduct inspections prior, during, and post rain events to ensure the Premises
and Facilities are fully functional and free of obstructions.
I. In the event District's flood control operations, emergency access, or post-storm activities
render the golf course unplayable, City's rent shall be abated using the formula set forth in Clause
15 (OBLIGATIONS OF THE DISTRICT).
J. District agrees to continue maintaining the surrounding flood control channel as required by
law and/or regulation.
17. CONSTRUCTION AND/OR ALTERATIONS BY CITY(2.6 SR)
A. District's Consent. No grading shall take place,nor any construction, structures,improvements,
additional vegetation or landscaping or facilities be built, erected, altered, or made within the
Premises without prior written consent of District's Chief Engineer and obtaining a permit through
the County and/or United States Army Corps of Engineers permitting processes,as applicable. No
pumping equipment shall be installed upon the Premises without first obtaining prior approval of
such installation from the Chief Engineer. Any conditions relating to the manner,method, design,
and construction of said structures, improvements, or facilities required by the District as a
condition to grant such consent, shall be conditions hereof as though originally stated herein. City
may, at any time, at its sole expense, install, and replace business fixtures and equipment
constructed by City, within the Premises.
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B. Strict Compliance with Plans and Specifications. All improvements constructed by City within
the Premises shall be constructed in strict compliance with detailed plans and specifications
approved by District's Chief Engineer and to the extent applicable, in compliance with the
requirements of California Public Contract Code Section 22000 et seq., which requires those
improvements to be constructed as if such improvements had been constructed under the direction
and supervision, or under the authority, of District.
C. Permits. All District-approved improvements to the Premises installed or constructed by City
shall be constructed in accordance with valid permits and all applicable laws and in a good and
workmanlike manner, including,but not limited to, (a) City shall be required to secure the faithful
performance of construction and completion of construction of the improvement by appropriate
contractor's bonds as required by the California Public Contracts Code and shall require its
contractor or contractors to pay the prevailing rate of per diem wages for work of a similar
character in the locality of the District and not less than the general prevailing rate of per diem
wages for holiday and overtime work, as provided in Clause 33 (LABOR CODE COMPLIANCE)
of this Lease; and(b) To the extent required by applicable law, City shall comply, and shall cause
any of its Sublessees, licensees, contractors and subcontractors to comply, with all County of
Orange ordinances and public contracting laws regarding public works contracts, including, but
not limited to, the bidding requirements under the California Public Contracts Code. City shall
publicly advertise for bids for such improvements and shall provide District a list of all bids
received for the contract; and (c) thereafter, with the prior written approval of District as to the
winning bid, City shall award the contract or contracts for such improvements.
All preparation and processing for environmental clearance shall be at City's sole cost and expense.
In the event that the environmental process results in any required mitigation measures,
performance of such mitigation measures, including all associated costs and expenses shall be the
sole responsibility of City.
District has no obligation to notify City regarding requirements for permits, licenses, approvals or
other consents from governmental agencies, including the County of Orange in its regulatory
capacity,nor shall District have any obligation to obtain permits,licenses, approvals or other consents
from governmental agencies on behalf of City. District agrees to give its consent as property owner
to any application made with regard to any such permits, licenses, approvals or other consents that
may be required by any governmental agency or by the County of Orange in its regulatory capacity
related to activities or design and construction of improvements approved by District in accordance
with this Lease. Any such consent given by District as the property owner is not to be interpreted to
obligate District to pay any fees related to the application or issuance of any such permit, license,
approvals or other consents, nor shall such consent be deemed a waiver of any fee that may be
charged by County's Property Permit department. Any conditions placed on City's design and
construction or operation of the Premises as a result of the issuance of permits, licenses, approvals or
other consents shall be the sole obligation of City with regard to performance responsibilities, cost
and expense.
Any approvals or consents given by District under this Lease, as a party to this Lease, shall not be
deemed approval as to compliance or conformance with applicable governmental codes, laws,rules
and/or regulations or approval from the standpoint of structural safety, suitability for purpose or
conformance with building or other codes or other governmental requirements nor shall District,
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as a party to this Lease be responsible for permitting of any construction and/or maintenance,
design, assumptions or accuracy of City's construction and/or maintenance plans.
All planning and architectural/design costs required to complete the construction shall be City's
responsibility and shall be approved by the Director. Such approvals will not be unreasonably
withheld or delayed and shall not relieve City of the responsibility for complying with all
applicable codes and construction requirements, nor of obtaining necessary permits or approvals
from the authorities of proper jurisdiction.
18. "AS-BUILT" PLANS AND CONSTRUCTION COSTS (PMD5.1 N)
Within 60 days following completion of any City Improvement within the Premises, City shall
furnish Chief Engineer with a complete set of digitally reproducible files and two sets of Record
Drawings ("As-Built")plans.
• Record Drawings: All CAD files are to be converted to Acrobat Reader (*.pdf format),
which shall constitute the digitally reproducible files, and shall be in accordance with OC
Public Works CAD Standards Manual.
City must obtain Chief Engineer's approval of"As-Built"plans, and the form and content of the
itemized statement corresponding to the approval. City shall also furnish the Chief Engineer with
all CAD data files, which shall be in the following software format:
• AutoCAD format; Microsoft Windows based system: Submission of all CAD data files
shall be in accordance with OC Public Works CAD Standards Manual
No other formats are acceptable. Chief Engineer reserves the right to reject CAD files
delivered in any other formats not specified above.
In addition, City, shall furnish Chief Engineer the recorded Notice of Completion(NOC) and
an itemized statement of the actual construction costs of such improvement. The statement of
cost shall be sworn to and signed by City or his responsible agent under penalty of
perjury. City must obtain Chief Engineer's approval of"As-Built" plans, and the form and
content of the itemized statement.
19. OWNERSHIP OF IMPROVEMENTS (2.7 SR)
City shall provide all equipment necessary for use of the Premises consistent with this Lease. All
improvements, and facilities, exclusive of trade fixtures, constructed or placed within the Premises
by City ("City Improvements") must, upon completion, be free and clear of all liens, claims, or
liability for labor or material and, at District's option shall, become property of District at the
expiration of this Lease or upon earlier termination hereof. Alternatively, District retains the right
to require City, at City's cost, to remove all City Improvements located on the Premises at the
expiration or termination hereof. In the event that City fails to remove said City Improvements
within fifteen (15) days following receipt of written notice from District to do so, such City
Improvements will be deemed abandoned, and City shall lose all right, title and interest in and
thereto, and District may elect(i)at City's cost,to remove,demolish, or otherwise dispose of some
or all of such items, or(ii) sell or make use of any or all such items.
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20. OPERATIONAL REQUIREMENTS OF CITY (2.8 SR)
A. Quality and Service Standards. City shall at all times operate the Premises in a manner
consistent with Clause 3 (USE) and Clause 16 (MAINTENANCE OBLIGATIONS OF CITY —
CONDITIONS AND CARE OF PREMISES).
B. Standards of Operation. City shall operate the Premises in a manner similar to other
comparable facilities in Southern California that offer similar services and amenities. City shall,
at its sole expense,take reasonable steps to provide security measures for the protection of persons
and property within the Premises.
C. Protection of Environment. City shall not permit:
1. Littering within the Premises.
2. Excessive noise emanating from the Premises.
3. Excessive light and glare from light fixtures within the Premises that could affect the
safe operation of automobiles and aircraft in the area.
4. Discharge or runoff of pollutants, including fertilizer, petroleum products, waste and
debris from any source on the Premises into the waters within or adjacent to the
Premises or other activities that are harmful to water quality.
5. City shall immediately report any spillage,leakage,or discharge of any toxic,hazardous
or polluting materials to the proper authorities and to District.
Failure by City to comply with A,B and C of this Clause shall result in City Default and District
shall have the right to exercise any remedy available to it by virtue of such City Default in
addition to any District Remedies defined in Clause 32 (DEFAULTS AND REMEDIES).
D. On-Site Management
I. City shall employ and designate to District a competent manager("Facility Manager")
who shall be responsible for the day-to-day operation and maintenance, cleanliness,
and general order of the Premises. Facility Manager shall be vested with the authority
of City with respect to the supervision over the operation and maintenance of the
Premises, including the authority to enforce compliance by City's agents, employees,
subcontractors, concessionaires, or licensees with the terms and conditions of this
Lease and any and all rules and regulations adopted hereunder. City shall notify District
in writing of the name of the Facility Manager currently employed, as well as successor
managers, in the manner as provided in Clause 64 (NOTICES)below.
2. City agrees to obey, abide by, and be in conformance with all applicable governmental
codes, laws, rules and/or regulations, now or hereafter promulgated, concerning
operations on the Premises.
21. MECHANICS LIENS OR STOP-NOTICES (2.9 SR)
City shall at all times indemnify, defend with counsel approved in writing by District and save
District harmless from all claims, losses, demands, damages, cost, expenses, or liability costs for
labor or materials in connection with construction, repair, alteration, or installation of structures,
improvements, equipment, or facilities within the Premises, and from the cost of defending against
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such claims, including attorney fees and costs,unless such claims, losses, demands, damages,
costs, expenses, or liability costs arise from the negligence or willful misconduct of District.
In the event a lien or stop-notice is imposed upon the Premises as a result of such construction,
repair, alteration, or installation, City shall either:
A. Record a valid Release of Lien, or
B. Procure and record a bond in accordance with Section 3143 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 City fail to accomplish either of the two optional actions above within fifteen (15) days
after the filing of such a lien or stop-notice, the City shall be in City Default and shall be subject to
immediate termination of this Lease.
22. INSURANCE (3.0 SR)
City agrees to purchase all required insurance or maintain a program of self-insurance at City's
expense and to deposit with the District certificates of insurance, including all endorsements
required herein, necessary to satisfy the District that the insurance provisions of this Lease have
been complied with and to keep such insurance coverage and the certificates and endorsements
therefore on deposit with the District during the entire term of this Lease.
City agrees that City shall not operate on the Lease Area at any time the required insurance is not
in full force and effect as evidenced by a certificate of insurance and necessary endorsements or,
in the interim, an official binder being in the possession of the District. In no case shall assurances
by City, its employees, agents, including any insurance agent, be construed as adequate evidence
of insurance. District will only accept valid certificates of insurance and endorsements, or in the
interim, an insurance binder as adequate evidence of insurance. City also agrees that upon
cancellation, termination, or expiration of City's insurance, District may take whatever steps are
necessary to interrupt any operation from or on the Premises until such time as the District
reinstates the Lease.
If City fails to provide District with a valid certificate of insurance and endorsements, or binder at
any time during the term of the Lease, District and City agree that this shall constitute a material
breach of the Lease. Whether or not a notice of default has or has not been sent to City, said
material breach shall permit District to take whatever steps necessary to interrupt any operation
from or on the Premises, and to prevent any persons, including, but not limited to, members of the
general public, and City's employees and agents, from entering the Premises until such time as
District is provided with adequate evidence of insurance required herein. City further agrees to
hold District harmless for any damages resulting from such interruption of business and possession,
including,but not limited to, damages resulting from any loss of income or business resulting from
the District's action.
City may occupy the Premises only upon providing to District the required insurance stated herein
and maintain such insurance for the entire term of this Lease. District reserves the right to terminate
this Lease at any time City's insurance is canceled or tenninated and not reinstated within ten (10)
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days of said cancellation or termination. City shall pay District a fee of$1000.00 for processing
the reinstatement of the Lease. City shall provide to District immediate notice of said insurance
cancellation or termination.
All contractors performing work on behalf of City pursuant to this Lease shall obtain insurance
subject to the same terms and conditions as set forth herein for City. City shall not allow
contractors or subcontractors to work if contractors have less than the level of coverage required
by the District from the City under this Lease. It is the obligation of the City to provide written
notice of the insurance requirements to every contractor and to receive proof of insurance prior to
allowing any contractor to begin work within the Premises. Such proof of insurance must be
maintained by City through the entirety of this Lease and be available for inspection by a District
representative at any reasonable time.
All self-insured retentions (SIRs) shall be clearly stated on the Certificate of Insurance. Any self-
insured retention (SIR) in an amount in excess of Fifty Thousand Dollars ($50,000) shall
specifically be approved by the District's Risk Manager, or designee. The District reserves the
right to require current audited financial reports from City. If City is self-insured, City will
indemnify and defend District for any and all claims resulting or arising from City's use of the
Premises or performance in accordance with the indemnity provision stated in this Lease.
Qualified Insurer
The policy or policies of insurance must be issued by an insurer with a minimum rating of A-
(Secure A.M. Best's Rating) and VIII (Financial Size Category as determined by the most current
edition of the Best's Key Rating Guide/Property-Casualty/United States or ambest.com). It
is preferred,but not mandatory,that the insurer be licensed to do business in the state of California
(California Admitted Carrier).
The policy or policies of insurance must be issued by an insurer with a minimum rating of A-
(Secure A.M. Best's Rating) and VIII (Financial Size Category as determined by the most current
edition of the Best's Key Rating Guide/Property-Casualty/United States or ambest.com).
If the insurance carrier does not have an A.M. Best Rating of A-/VIII, the CEO/Office of Risk
Management retains the right to approve or reject a carrier after a review of the company's
performance and financial ratings.
The policy or policies of insurance maintained by the City shall provide the minimum limits and
coverage as set forth below:
Coverages Minimum Limits
Commercial General Liability $5,000,000 per occurrence
$5,000,000 aggregate
Automobile Liability including coverage $1,000,000 combined single limit each
for owned, non-owned and hired vehicles accident
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Coverages Minimum Limits
Workers' Compensation Statutory
Employers' Liability Insurance $1,000,000 per occurrence
Pollution Liability $1,000,000 per claims made or occurrence
Commercial Property Insurance on an "All 100% of the Replacement Cost Value and
Risk" or "Special Causes of Loss" basis no coinsurance provision
covering all, contents and any City
improvements including Business
Interruption/Loss of Rents with a 12-month
limit.
Required Coverage Forms
The Commercial General Liability coverage shall be written on Insurance Services Office (ISO)
form CG 00 01, or a substitute form providing liability coverage at least as broad.
The Business Auto Liability coverage shall be written on ISO form CA 00 01, CA 00 05, CA 00
12, CA 00 20, or a substitute form providing liability coverage at least as broad.
Required Endorsements
The Commercial General Liability policy shall contain the following endorsements, which shall
accompany the Certificate of insurance:
1) An Additional Insured endorsement using ISO form CG 20 26 04 13or a form at
least as broad naming the Orange County Flood Control District and the County
of Orange, its elected and appointed officials, officers, employees, agents as
Additional Insureds. Blanket coverage may also be provided which will state-As
Required By Written Agreement.
2) A primary non-contributing endorsement using ISO form CG 20 01 04 13, or a
form at least as broad, evidencing that the City's insurance is primary, and any
insurance or self-insurance maintained by the District and the County of Orange
shall be excess and non-contributing.
The Workers' Compensation policy shall contain a waiver of subrogation endorsement waiving
all rights of subrogation against the District and the County of Orange, its elected and appointed
officials, officers, agents and employees. Blanket coverage may also be provided which will
state-As Required By Written Agreement.
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The Pollution Liability policy shall contain the following endorsements, which shall
accompany the Certificate of Insurance:
1) An Additional Insured endorsement naming the Orange County Flood
Control District, County of Orange, its elected and appointed officials,
officers, employees, and agents, and as Additional Insureds.
2) A primary non-contributory endorsement evidencing that City's
insurance is primary, and any insurance or self-insurance maintained by
the County of Orange shall be excess and non-contributing.
Pollution Liability insurance must include coverage for bodily injury and property damage,
including coverage for loss of use and/or diminution in property value, and for clean-up costs
arising out of, pertaining to, or in any way related to the actual or alleged discharge,
dispersal, seepage, migration, release or escape of contaminants or pollutants resulting from
any services or work performed by, or behalf of, TENANT, including the transportation of
hazardous waste,hazardous materials, or contaminants.
If City's Pollution Liability policy is a claims-made policy, City shall agree to the following:
1) The retroactive date must be shown and must be before the date of the contract or the
beginning of the Lease.
2) Insurance must be maintained, and evidence of insurance must be provided for at least
three (3) years after expiration or earlier termination of Lease.
3) If coverage is canceled or non-renewed, and not replaced with another claims-made policy
form with a retroactive date prior to the effective date of the contract services, TENANT must
purchase an extended reporting period for a minimum of three (3) years after expiration of
earlier termination of the Lease.
All insurance policies required by this lease shall waive all rights of subrogation against the
District and the County of Orange, its elected and appointed officials, officers, agents and
employees when acting within the scope of their appointment or employment.
The Commercial Property policy shall contain a Loss Payee endorsement naming the District
as respects the District's financial interest when applicable.
The Commercial General Liability policy shall contain a severability of interests clause, also
known as a"separation of insureds" clause (standard in the ISO CG 001 policy).
Insurance certificates should be forwarded to the District address provided in Clause 65
(NOTICES) below or to an address provided by Director. City has ten (10) business days to
provide adequate evidence of insurance, or this Lease may be cancelled.
District expressly retains the right to require City to increase or decrease insurance of any of the
above insurance types throughout the term of this Lease. Any increase or decrease in insurance
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will be as deemed by County of Orange Risk Manager as appropriate to adequately protect District.
District shall notify City in writing of changes in the insurance requirements. If City does not
deposit copies of acceptable certificates of insurance and endorsements with District incorporating
such changes within thirty(30) days of receipt of such notice, this Lease may be in breach without
further notice to City, 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 City's
liability hereunder nor to fulfill the indemnification provisions and requirements of this Lease, nor
in any way to reduce the policy coverage and limits available from the insurer.
23. INDEMNIFICATION (3.1 SA)
City hereby agrees to indemnify,hold harmless, and defend the County of Orange("County") and
District, their elected and appointed officials, officers, agents, employees, and those special
districts and agencies which the Board of Supervisors acts as the governing board, with counsel
approved by District,against any and all claims,loss,demands,damages, cost,expenses or liability
arising out of the ownership, maintenance, or use of the Premises, except for liability arising out
of the negligence of District, its elected and appointed officials, officers, agents, or employees,
including the cost of defense of any lawsuit arising therefrom. In the event the County or District
is named as co-defendant, City shall notify District of such fact and shall represent the County and
District, with counsel approved by District, in such legal action unless the County and/or District
undertakes to represent itself as co-defendant in such legal action, in which event City shall pay
District's litigation costs, expenses and attorneys' fees. In the event judgment is entered against
District because of the concurrent negligence of City, their officers, agents, or employees, an
apportionment of liability to pay such judgment shall be made by a court of competent
jurisdiction. Neither Parry shall request a jury apportionment.
District hereby agrees to indemnify, hold harmless, and defend City, its officers, agents, and
employees, against any and all claims, loss, demands, damages, cost, expenses or liability arising
out of the use of the Premises, except for liability arising out of the negligence of Lessee, its
officers, agents, or employees, including the cost of defense of any lawsuit arising therefrom.
24. HAZARDOUS MATERIALS (3.2 SR)
A. Definition of Hazardous Materials. For purposes of this Lease, the term "Hazardous
Materials" shall mean any hazardous or toxic substance, material, product, byproduct, or waste
that is or shall become regulated by any governmental entity, including, without limitation,
District, acting in its governmental capacity, the State of California or the United States
government.
B. Use of Hazardous Materials. Except for those Hazardous materials which are customarily used
in connection with any permitted use of the Premises, hereunder(which Hazardous Materials shall
be used in compliance with all applicable laws and regulations), City or City's employees, agents,
independent contractors or invitees (collectively "City Parties") shall not cause or authorize 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
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Clause shall include the subsurface soil and ground water). Notwithstanding the foregoing, City
and City Parties may 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. City Obligations. If the presence of any Hazardous Materials on, under or about the Premises
caused or authorized by City or City Parties results in (i) injury to any person, (ii) injury to or
contamination of the Premises (or a portion thereof), or (iii) injury to or contamination or any real
or personal property wherever situated, City, at its sole cost and expense, shall promptly take all
actions necessary or appropriate to return the Premises to the condition existing prior to the
introduction of such Hazardous Materials to the Premises and to remedy or repair any such injury
or contamination. Without limiting any other rights or remedies of District under this Lease, City
shall pay the cost of any such 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 authorized by City or City
Parties to be introduced on, under or about the Premises. Notwithstanding the foregoing, City
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 authorized by City or City 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
the Director,which consent shall not be unreasonably withheld, conditioned or delayed. All work
performed or caused to be performed by City 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 Director, which approval shall not be unreasonably withheld,
conditioned or delayed.
25. BEST MANAGEMENT PRACTICES (3.3 SR)
A. City 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).
B. The Santa Ana Regional Water Quality Control Board has issued National Pollutant Discharge
Elimination System("NPDES")permits("Stormwater Permits")to the County, Orange County
Flood Control District and cities within Orange County, as co-permittees (hereinafter collectively
referred to as "District Parties") which regulate the discharge of urban runoff from areas within
the DISTRICT, including the Premises leased under this Lease. The District Parties have enacted
water quality ordinances that prohibit conditions and activities that may result in polluted runoff
being discharged into the Stormwater Drainage System.
C. 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 District shall provide City with any such modified BMP Fact Sheets. City, City's
agents, contractors, representatives and employees and all persons authorized by City to conduct
activities on the Premises shall, throughout the term of this Lease, comply with the BMP Fact
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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. City agrees to maintain current copies of the BMP Fact Sheets on the Premises
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.
D. City 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 District for review and
approval prior to implementation.
E. District may enter the Premises and/or review City's records at any time to assure that activities
conducted on the Premises comply with the requirements of this Clause. City may be required to
implement a self-evaluation program to demonstrate compliance with the requirements of this
Clause.
F. Among other requirements, the industrial NPDES permit requires periodic stormwater
inspections by the State and/or District and/or OC Watersheds staff to ensure facility compliance,
which may include annual inspections of the Facilities and Premises, with follow up inspections
as a result of observed violations requiring corrective actions.
G. Dependent upon the reuse of the Premises,the Premises shall have a clarifier drain that captures
low flow runoff from throughout the site,which ensures all flows are properly drained without any
unacceptable runoff. City shall conduct their work throughout the site and any resultant low flow
discharges shall work their way to the clarifier. In regard to City Improvements, City shall
designate operational zones minimally affected by storm flows that allow drainage to the clarifier,
and the non-operational portions of the site are to have normal storm discharges going through the
storm drain system. As the site undergoes a new NPDES Industrial Permit application process,
these conditions may get re-examined.
H. The BMPs shall stipulate the process for the City to take corrective actions and state the
consequences of non-compliance or District options under the Lease to self-remedy the matter. The
Santa Ana and San Diego Regional Water Quality Control Boards have established
penalties/consequences for non-compliance and those are to be included in this Lease. District to
have the option to terminate the Lease if the City does not correct a non-compliance situation in a
timely manner.
I. Work activities are to be conducted in a controlled area where pollutants shall be contained,
and any heavy metals detected at significantly higher levels than the benchmarks set by the
Regional Board shall be addressed. All applicable BMPs are to be properly implemented,
including any and all future modifications, updates, or replacement BMPs that may be issued
from time to time, shall be used by City.
J. Site modifications, such as distinctly designated work areas with controls to prevent pollutants
from escaping and wastewater drain, will be required to be segregated from stormwater drain.
K. In the event City fails to comply with all applicable BMPs, District, in addition to any and all
remedies available in Clause 32 (DEFAULTS AND REMEDIES), shall have the right to self-help
remedies or terminate the Lease as follows:
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1. Terminate the Lease due to non-compliance with the BMPs incorporated in the Lease
and as BMPs may change from time to time, or;
2 Remedy a non-compliance situation with a chargeback to the City for the cost. The
details regarding notification, timeline, and procedure are to be drafted and mutually
agreed upon by both Parties to ensure all water quality issues are addressed within the
Lease. In the event the City's BMP implementation is lacking or if the City allows a
prohibitive discharge to occur, then the Regional Board will only take enforcement
action against District. Therefore, this Lease must establish a BMP compliance
partnership with the City and the Lease must ensure the protection of water quality is
inherent in the City's day-to-day operations.
26. BUILDING AND SAFETY REQUIREMENTS (3.4 SR)
During the Term and any Extension Term(s) of this Lease, City, at City's sole cost, agrees to
maintain the Premises in compliance with all applicable laws, rules, regulations, building codes,
statutes, and orders as they are applicable on the date of this Lease, and as they may be
subsequently amended,including but not limited to the California Building Code,Title 24, Seismic
Code, Fire and Life Safety requirements and, if applicable, California Green Building Standard
Code.
Included in this provision is compliance with the Americans with Disabilities Act ("ADA") and
all other federal, state, and local codes, statutes, and orders relating to disabled access as they are
applicable on the dates of this Lease, and as they may be subsequently amended, and all regulations
issued by the U. S. Attorney General or other agencies under the authorization of the ADA.
However, City shall not be responsible for any ADA violations resulting from alterations made by
District or the placement of fixtures or equipment by District.
City shall use commercially reasonable efforts to repair and maintain the Premises as a"safe place
of employment," as defined in the California Occupational Safety and Health Act (California
Labor Code, Division 5, Part 1, Chapter 3, beginning with Section 6400) and the Federal
Occupational Safety and Health Act, where the provisions of such Act exceed, or supersede, the
California Act, as the provisions of such Act are applicable on the date of this Lease, and as they
may be subsequently amended. District agrees to notify City of any repair or maintenance
necessary within the Premises to comply with such Act and City agrees to diligently act to repair
or maintain appropriately.
In the event City neglects, fails, or refuses to maintain said Premises as aforesaid, following thirty
(30) days after written notice from District to City providing notice of such neglect, failure or
refusal, District may, notwithstanding any other termination provisions contained herein:
A. Thirty (30) days following a second written notice of such neglect or failure or refusal,
District may terminate this Lease with written notice to the City; or
B. At District's sole option, cure any such City Default by performance of any act,
including payment of money, and add the cost thereof plus reasonable administrative
costs (ten percent (10%)) to the Rent.
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City agrees to reimburse and indemnify, and defend District for any expenses incurred because of
the failure of the Premises to conform with any and all applicable laws,rules,regulations,building
codes, statutes, and orders, including the costs of making any alterations, renovations, or
accommodations required by the ADA, or any governmental enforcement agency, or any court,
any and all fines, civil penalties, and damages awarded against District resulting from a violation
or violations of the above-cited laws, rules, regulations, building codes, statutes, and orders and
regulations, and all reasonable legal expenses incurred in defending claims made under the above-
referenced laws, rules, regulations, building codes, statutes, and orders, including reasonable
attorneys' fees. Should City fail to comply with the provisions of this Clause 26, City may be
found in City Default and the District may exercise those remedies set forth in Clause 32
(DEFAULTS AND REMEDIES).
27. DAMAGE TO OR DESTRUCTION OF CITY IMPROVEMENTS (3.5 SR)
City Improvements shall be maintained at the sole risk of the City, and District shall not be liable
for any loss of or damage to said property resulting from any cause whatsoever unless such loss or
damage is the result of District's negligence or willful misconduct and not otherwise waived
pursuant to Clause 4 (DISTRICT'S USE RESERVATIONS AND RIGHT OF ENTRY) above.
As a result of use by the City and in the event of damage to or destruction of City Improvements
located within the Premises or in the event City Improvements located within the Premises are
declared unsafe or unfit for use or occupancy by a public entity with the authority to make and enforce
such declaration, City shall, within thirty (30) days, commence and diligently pursue to completion
the repair, replacement, or reconstruction of City Improvements to the same size and area as they
existed immediately prior to the event causing the damage or destruction, as necessary to permit full
use and occupancy of the Premises for the purposes required by the Lease. Repair, replacement, or
reconstruction of City Improvements within the Premises shall be accomplished in a manner and
according to plans approved by the Director. Except as otherwise provided herein, termination of
this Lease shall not reduce or nullify City's obligation under this paragraph. With respect to damage
or destruction to be repaired by District or which District elects to repair, City waives and releases its
rights under California Civil Code Sections 1932(2) and 1933 (4).
District shall not be liable for any damage to City Improvements located on the Premises, nor for
the loss of or damage to any improvements of City or others by theft or otherwise. All
improvements of City located or kept on the Premises shall be so kept or located at the risk of City
unless such damage is caused by District willful misconduct or gross negligence.
28. CITY PERSONAL PROPERTY
City personal property kept or stored on the Premises shall be kept or stored and maintained at the
risk of City and District shall not be liable for any loss of or damage to said property resulting from
any cause whatsoever unless such loss or damage is the result of District's negligence or willful
misconduct and not otherwise waived pursuant to Clause 4(DISTRICT'S USE RESERVATIONS
AND RIGHT OF ENTRY) above.
If City 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
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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 City or to any
person claiming under City and shall have no need to account therefor.
29. ASSIGNMENT AND SUBLETTING (3.5 SR)
Subject to prior review and approval by District, City may allow for the rental, licensing,
permitting, or subletting of the Premises when doing so results in providing for the uses permitted
in Clause 3 (USE) above. Any mortgage,pledge,hypothecation, encumbrance, transfer, sublease,
license, permit, or assignment (hereinafter in this Clause referred to collectively as
"Encumbrance")of City's interest in the Premises, or any part or portion thereof without the prior
written approval of District is prohibited. All Encumbrances are subject to District's review and
approval, including those Encumbrances that result in providing for the uses permitted in Clause
3 (USE)above.District approval is subj eet to negotiation by the Parties and may result in additional
charges for Rent and/or Additional Rent as those terms are defined and used in Clause 9 (RENT)
above. District may reasonably withhold such approval.
Should District consent to any Encumbrance, such consent shall not constitute a waiver of any of
the terms, covenants, or conditions of this Lease or be construed as District's consent to any further
Encumbrance. Such terms, covenants or conditions shall apply to each and every Encumbrance
hereunder and shall be severally binding upon each and every party thereto. Any document to
mortgage, pledge, hypothecate, encumber, transfer, sublet, or assign the Premises or any part
thereof shall not be inconsistent with the provisions of this Lease and in the event of any such
inconsistency, the provisions of this Lease shall control.
City may,with prior notice, engage the services of a professional management company and such
employment shall not be construed to be an assignment or transfer of the Lease. Any license,
sublease,permit,etc.issued by City shall be consistent with and subject to the terms and conditions
of this Lease and shall be subject to review and approval by the District, whose approval shall not
be unreasonably withheld. Each license, sublease, permit, etc. issued by City shall require
adequate insurance, as determined by the District, with District and the County of Orange named
as additional insured, and the Licensees shall indemnify the District and the County of Orange, its
elected officials, agents, officers, and employees.
30. TAXES AND ASSESSMENTS (3.6 SR)
If applicable, all taxes and assessments including,but not limited to,possessory interest tax,if any,
which become due and payable upon the Premises shall be the full responsibility of City, and City
shall cause said taxes and assessments to be paid prior to the due date. Should City fail to pay taxes
and assessments due upon the Premises prior to the due date, District may pay such amount due
and add the cost thereof, including overhead, to the Base Rent thereafter payable.
31. ESTOPPEL CERTIFICATE (3.7 SR)
City shall furnish upon receipt of a written request from District an estoppel certificate on District's
standard form Estoppel Certificate (attached hereto in Exhibit D containing information as to the
current status of the Lease. Said standard form Estoppel Certificate shall be completed by City in
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a timely manner. The Estoppel Certificate shall be approved by Chief Real Estate Officer and
County Counsel.
32. DEFAULTS AND REMEDIES (3.8 SR)
A. City Default. City shall be deemed in default of this Lease if. (a) in the event of any monetary
breach of this Lease by City, District shall notify City in writing of such breach, and City shall
have three (3) days from such notice in which to cure said breach or (b) in the event of any non-
monetary breach of this Lease, City fails within fifteen (15) days after receipt by City of written
notice specifying wherein such obligation of City has not been performed; provided however,that
if the nature of City's obligation is such that more than fifteen (15) days after such notice are
reasonably required for its performance, then City shall not be in breach of this Lease if
performance is commenced as soon as reasonably possible within such fifteen(15) day period and
thereafter diligently pursued to completion (each, a"City Default").
B. District Default. District shall be deemed in breach of this Lease if District fails within fifteen
(15) days after receipt by District of written notice specifying wherein such obligation of District
has not been performed; provided however, that if the nature of District's obligation is such that
more than fifteen (15) days after such notice are reasonably required for its performance, then
District shall not be in breach of this Lease if performance is commenced as soon as reasonably
possible within such fifteen (15) day period and thereafter diligently pursued to completion (each,
a"District Default").
C. City Remedies. In the event of a District Default, the City may, at the City's sole discretion,
terminate the Lease, or shall have the right to injunctive relief, and/or any other rights at law or in
equity (collectively, "City Remedies"). No delay or omission of City to exercise any right or
remedy shall be construed as a waiver of such right or remedy or of any District Default hereunder..
D. District Remedies. If the City Default is a result of a monetary breach by City in the payment
of the Rent or Additional Rent, pursuant to Clause 9 (RENT), District may, at the District's sole
discretion, (a)declare all Rent payments to the end of City's current fiscal year to be due,including
any delinquent rent from prior budget years or, (b) terminate the Lease. District's remedies as the
result of City Default for monetary or non-monetary breach shall be the right to damages,
injunctive relief, and/or any other rights at law or in equity. No delay or omission of District to
exercise any right or remedy shall be construed as a waiver of such right or remedy or of any City
Default hereunder.
33. LABOR CODE COMPLIANCE (3.9 SR)
City acknowledges and agrees that any and all improvements or modifications required to be
performed by Lessor at the request of District shall be governed by, and performed in accordance
with, the provisions of Article 2 of Chapter 1, Part 7, Division 2 of the Labor Code of the State of
California (Sections 1770, et seq.), as applicable. These provisions may be applicable to
improvements or modifications costing more than $1,000, unless an exception applies, including
but not limited to the exception to the definition of public works under § 1720.2.
Pursuant to the provisions of Section 1773 of the Labor Code of the State of California,the Orange
District Board of Supervisors has obtained the general prevailing rate of per diem wages and the
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general prevailing rate for holiday and overtime work in the locality applicable to this Lease for
each craft, classification, or type of workman needed to execute the aforesaid improvements or
modifications from the State Department of Industrial Relations. Copies of said prevailing wage
rates may be obtained from the State of California, Department of Industrial Relations.
City hereby agrees to pay or cause its contractors and/or subcontractors to pay said prevailing wage
rates at all times for all improvements or modifications to be completed for City within the
Premises, and City herein agrees that City shall post, or cause to be posted, a copy of the most
current, applicable prevailing wage rates at the site where the improvements or modifications are
performed.
Prior to commencement of any improvements or modifications, City shall provide Director with
the applicable certified payroll records for all workers that will be assigned to the improvements
or modifications. Said payroll records shall contain, but not be limited to, the complete name,
address, telephone number, social security number,job classification, and prevailing wage rate for
each worker. City shall provide Director bi-weekly updated, certified payroll records for all
workers including, but not be limited to, the weekly hours worked, prevailing hourly wage rates,
and total wages paid.
If City fails to comply with this Clause, such occurrence may constitute an event of default of this
Lease and District may, notwithstanding any other termination provisions contained herein:
A. Terminate this Lease upon written notice to City; or
B. At District's sole option, District may deduct from City's Security Deposit, as a penalty
for such non-compliance of paying prevailing wage, which Security Deposit deduction
would be District's estimate, in its sole discretion, of such prevailing wage rates not paid
by City.
Except as expressly set forth in this Lease, nothing herein is intended to grant authority for City to
perform improvements or modifications on space currently leased by District or for which District
has entered into a lease or lease amendment.
34. RIGHT TO WORK AND MINIMUM WAGE LAWS (4.0 SR)
In accordance with the United States Immigration Reform and Control Act of 1986, City shall
require its employees that directly or indirectly service the Premises or terms and conditions of
this Lease, in any manner whatsoever, to verify their identity and eligibility for employment in the
United States. City shall also require and verify that its contractors or any other persons servicing
the Premises or terms and conditions of this Lease, in any manner whatsoever, verify the identity
of their employees and their eligibility for employment in the United States.
Pursuant to the United States of America Fair Labor Standard Act of 1938, as amended, and State
of California Labor Code, Section 1178.5, City shall pay no less than the greater of the Federal or
California Minimum Wage to all its employees that directly or indirectly service the Premises, in
any manner whatsoever. City shall require and verify that all its contractors or other persons
servicing the Premises on behalf of the City also pay their employees no less than the greater of
the Federal or California Minimum Wage.
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City shall comply and verify that its contractors comply with all other Federal and State of
California laws for minimum wage, overtime pay, record keeping, and child labor standards
pursuant to the servicing of the Premises or terms and conditions of this Lease.
Notwithstanding the minimum wage requirements provided for in this Clause, City, where
applicable, shall comply with the prevailing wage and related requirements, as provided for in
Clause 33 (LABOR CODE COMPLIANCE) of this Lease.
35. SIGNAGE (4.2 SR)
City may install and maintain wayfinding and golf course signs upon or in front of the Premises.
Such signage must comply with all applicable laws, zoning, and site plan requirements. All other
signs to be placed on the Premises require prior review and approval by District.
36. AUTHORITY (4.3 SR)
The persons executing this Lease on behalf of District and City warrant that they have the power
and authority to bind District or City, as applicable, to this Lease.
37. LEASE ORGANIZATION (4.4 SR)
The various headings in this Lease, the numbers thereof, and the organization of the Lease into
separate sections and paragraphs are for purposes of convenience only and shall not be considered
otherwise.
38. SUCCESSORS IN INTEREST (4.5 SR)
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.
39. AMENDMENT (4.6 SR)
This Lease sets forth the entire agreement between District and City regarding the Premises and
no other prior or contemporaneous agreement or understanding, written or oral, shall be
effective. Any modification of this Lease must be in the form of a written amendment.
40. PARTIAL INVALIDITY (4.7 SR)
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.
41. WAIVER OF RIGHTS (4.8 SR)
The failure of City or District to insist upon strict performance of any of the terms, conditions,
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and covenants in this Lease shall not be deemed a waiver of any right or remedy that City or
District may have and shall not be deemed a waiver of any right or remedy for a subsequent
breach or default of the terms, conditions, and covenants herein contained.
42. HOLDING OVER(4.9 SR)
In the event City 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, subject to
termination by the District as provided herein.
43. EARTHQUAKE SAFETY (5.0 SR)
City accepts the Premises "as is" and "where is" and District offers no warranties or
representations whatsoever that the Premises is or has been in compliance with applicable seismic
safety regulations and building codes at the time of construction. All such seismic, safety and
building regulation compliance is the responsibility of the City.
44. QUIET ENJOYMENT (5.1 SR)
District agrees that, subject to the terms, covenants and conditions of this Lease, City may, upon
observing and complying with all terms, covenants and conditions of this Lease, peaceably and
quietly occupy the Premises.
45. GOVERNING LAW AND VENUE (5.3 SR)
This agreement has been negotiated and executed in the State of California and shall be governed
by and construed under the laws of the State of California. In the event of any legal action to
enforce or interpret this agreement, 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.
46. ATTORNEYS' FEES (5.4 SA)
In the event of a dispute between City and District concerning claims arising out of this Lease, or
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 attorney fees
and costs.
47. TIME (5.5 SR)
Time is of the essence of this Lease. Failure to comply with any time requirements of this Lease
shall constitute a material breach of this Lease.
48. INSPECTION OF PREMISES BY A CERTIFIED ACCESS SPECIALIST (5.6 SR)
A Certified Access Specialist ("CASp") can inspect the subject premises and determine whether
the subject premises comply with all of the applicable construction-related accessibility standards
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under state law. Although state law does not require a CASp inspection of the subject premises,
the commercial property owner or Lessor may not prohibit the City from obtaining a CASp
inspection of the subject premises for the occupancy or potential occupancy of City, if requested
by the City. The Parties shall mutually agree on the arrangements for the time and manner of the
CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any
repairs necessary to correct violations of construction-related accessibility standards within the
Premises.
Pursuant to California Civil Code 1938, District hereby represents that the Premises has not
undergone an inspection by a certified access specialist, and no representations are made with
respect to compliance with accessibility standards. If it is determined during this tenancy that a
violation of handicapped access laws (including the Americans with Disabilities Act) exists at the
Premises, City shall correct such non-compliance at City's cost.
49. FORCE MAJEURE (5.7 SR)
For purposes of this Lease, the term "Force Majeure" means any of the following events which
are beyond the control of either Party: act of God, unavailability of equipment or materials (but
only if such equipment and materials were ordered in a timely fashion), enemy or terrorist act, act
of war, riot or civil commotion, strike, lockout or other labor disturbance, fire, earthquake,
explosion, governmental delays (including nonstandard delays in issuance of any permit or other
necessary governmental approval or the scheduling of any inspections or tests), and nonstandard
delays by third party utility providers beyond the reasonable control of the Party delayed or failing
to perform under this Lease despite such Party's best efforts to fulfill the obligation. "Best
Efforts"includes anticipating any potential force majeure event and addressing the effects of any
such event(a) as it is occurring and (b) after it has occurred, to prevent or minimize any resulting
delay to the greatest extent possible. Force Majeure shall not include inability to obtain financing
or other lack of funds. Lessor and District shall be excused for the period of any delay in the
performance of any obligation hereunder when such delay is occasioned by causes beyond its
control.
50. CONDEMNATION (5.8 SR)
If the Premises or any portion thereof are taken under the power of eminent domain or sold under
the threat of the exercise of said power (collectively, "Condemnation"), this Lease shall
terminate as to the part of the Premises taken as of the date the condemning authority takes title
or possession, whichever first occurs. If all or a material portion of the rentable area of the
Premises are taken by Condemnation, City may, at City's option,to be exercised in writing within
ten (10) days after District shall have given City written notice of such taking (or in the absence
of such notice, within ten (10) days after the condemning authority shall have taken possession)
terminate this Lease as of the date the condemning authority takes such possession. District shall
also have the right to terminate this Lease if there is a taking by Condemnation of any portion of
the building or property that would have a material adverse effect on District's ability to profitably
operate the remainder of the building. If neither Party terminates this Lease in accordance with
the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises
remaining, except that the rent shall be reduced in proportion to the reduction in utility of the
Premises caused by such Condemnation. Condemnation awards and/or payments shall be the
property of District, whether such award shall be made as compensation for diminution in value
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of the leasehold, the value of the part taken or severance damages. City hereby waives any and
all rights it might otherwise have pursuant to Section 1265.130 of the California Code of Civil
Procedure, or any similar or successor Laws.
51. CONSENT OR APPROVAL (5.9 SR)
Unless expressly stated otherwise, where the consent or approval of a Party is required, such
consent or approval will not be unreasonably withheld, conditioned or delayed.
52. UNENFORCEABLE PROVISIONS (6.0 SR)
If any paragraph or clause hereof shall be determined illegal, invalid or unenforceable, it is the
express intention of the Parties hereto that the remainder of the Lease shall not be affected thereby,
and it is also the express intentions of the Parties hereto that in lieu of each paragraph or clause of
this Lease which may be determined to be illegal, invalid or unenforceable, there may be added as
a part of this Lease a paragraph or clause as similar in terms to such illegal or invalid or
unenforceable paragraph or clause as may be possible and may be legal, valid and enforceable.
City shall at all times comply with restrictions on operational hours established by local ordinances
or regulations. City agrees that when alternate forms of packaging are available, only items
packaged in a manner most compatible with the goals of reducing litter and preserving the
environment shall be sold. Sale of beverages in pop-top cans or in non-returnable metal or glass
containers shall not be permitted. Recyclable,push-top type beverage containers may be permitted
subject to approval by the Director. City agrees that it 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.
City's failure to comply with the provisions of this Clause shall constitute a City Default of this
Lease and District may immediately terminate this Lease.
54. LIMITATION OF THE LEASEHOLD (6.2 SR)
This Lease and the rights and privileges granted City 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 City 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. City has accepted the Premises in its "as is"/"where is" condition.
55. PERMITS AND LICENSES (6.3 SR)
City 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 City'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.
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56. PAYMENT CARD COMPLIANCE (6.4 SR)
Should City conduct credit/debit card transactions in conjunction with their business with the
District, on behalf of the District, or as part of the business that they conduct, City covenants and
warrants that it is currently Payment Card Industry Data Security Standard("PCI DSS") and
Payment Application Data Security Standard ("PA DSS") compliant and will remain compliant
during the entire duration of this Lease. City agrees to immediately notify District in the event
City should ever become non-compliant and will take all necessary steps to return to compliance
and shall be compliant within ten (10) days of the commencement of any such interruption.
57. NONDISCRIMINATION (6.5 SR)
City 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. City shall make its accommodation and services available to the
public on fair and reasonable terms.
58. CONDITION OF PREMISES UPON TERMINATION (6.6 SR)
Except as otherwise agreed to herein, upon termination of this Lease, City shall re-deliver
possession of said Premises to District in substantially the same condition that existed upon
execution of this lease, reasonable wear and tear, County approved construction or modifications,
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.
59. QUITCLAIM OF CITY'S INTEREST UPON TERMINATION (6.8 SR)
Intentionally deleted
60. DISTRICT'S RIGHT TO RE-ENTER(PMGE23.1 S)
City 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 City, 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 City under the lease terms
and shall not constitute an acceptance or surrender.
61. PUBLIC RECORDS (6.9 SR)
Any and all written information submitted to and/or obtained by District from City 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,
etseq.) as now in force or hereafter amended, or any Act in substitution thereof, or otherwise made
available to the public and City hereby waives, for itself, its agents, employees, and any person
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claiming by, through or under City, any right or claim that any such information is not a public
record or that the same is a 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 City or any third party that such information is a trade secret,
or confidential, or not subject to inspection by the public, including without limitation reasonable
attorneys' fees and costs.
62. RELATIONSHIP OF PARTIES (7.0 SR)
The relationship of the Parties hereto is that of Lessor and Lessee, and it is expressly understood
and agreed that District does not in any way or for any purpose become a partner of or a joint
venturer with City in the conduct of City's business or otherwise, and the provisions of this Lease
and the agreements relating to rent payable hereunder are included solely for the ptn-pose of
providing a method by which rental payments are to be measured and ascertained.
63. NO BROKERS USED (7.1 SR)
Neither Party has employed any broker or finder or incurred any liability for any brokerage fee,
commission, finder's fee, or reimbursement expenses in connection with the transactions
contemplated by this Lease.
64. NOTICES (7.2 SR)
All written notices pursuant to this Lease shall be addressed as set forth below or as either Party
may hereafter designate by written notice and shall be deemed received upon personal delivery,
delivery by facsimile machine, electronic mail, or seventy-two (72) hours after deposit in the
United States Mail.
TO: CITY TO: DISTRICT
City of Santa Ana Orange County Flood Control District
Attn: City Clerk Attn: Director, Flood Programs
200 S. Santa Ana Blvd. c/o County of Orange
Santa Ana, CA 92805 601 N. Ross Street 3rd Floor
Santa Ana, CA 92701
With a copy to: With a copes
City of Santa Ana County Executive Office/Real Estate
Attn: Director of Community Services County of Orange
200 S. Santa Ana Blvd, 4th Floor 400 W. Civic Center Drive, 5th Floor
Santa Ana, CA 92805 Santa Ana, CA 92701
Attn: Chief Real Estate Officer
OC Operations & Maintenance
Attn: Maintenance Programs
2301 N. Glassell St.
Orange, CA 92865
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65. ATTACHMENTS TO LEASE (7.3 SR)
This Lease includes the following, which are attached hereto and made a part hereof:
I. Exhibit A—Legal Description of Premises
IL Exhibit B —Map Depicting Premises
III. Exhibit C—Best Management Practices
IV Exhibit D— Estoppel Certificate
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IN WITNESS WHEREOF, the Parties have executed this Lease the day and year first
above written.
CITY
City of Santa Ana, a municipal corporation
and charter city
Date By:
Alvaro Nunez
City Manager
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
SANTA ANA, CALIFORNIA
B
onathan T. Martinez
Assistant City Attorney
Date 3/18/2026
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APPROVED AS TO FORM: DISTRICT
OFFICE OF DISTRICT COUNSEL Orange County Flood Control District
ORANGE DISTRICT, CALIFORNIA
By:
Name: Thomas A. Miller
By
Deputy Per M.O.
Date
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EXHIBIT A
LEGAL DESCRIPTION OF PREMISES
F CIJJA': SAUTA ANA E;1WIR ci iw:EL �d'�.. 10 7-0
ES ATF; itolf f'D,irse .Lease T,U' jr--R-- P,Ik,h". CaIECt�"; l�.:r,•�,.
FA,?1 ?1Y [+, 'Gi
llrf�i�EL [QCr: 1 _
PARC el. A
4 Thosta porLi cns of (1) Srrrtion 2, TownsHp 5 South , Rangg' 1.0
Vaost, in tbt F.ancbo Las Balsas, City of santa Ana, Ocuatx cif 4r:nge,
5 ,�1�;a Lei of Callfor•niax, per ar�p regarded in hook 51, Eago E- of MicHl-
lran"ous !laps in the oificG of the County Recorder ot ealO county;
6 (2) Lot .A of Tract No, 16Q0 10 8aie city, county a'xad sta Le, pnr uoap
recorded in book 48, pagts 21 to 23 LxLalusive of saaid ltiac�llarea���s
7 Maps, (3) Us M&bury Tract, in said city, counC and atote per roa.p
r�us
marked Rc-fnr "s '"I�xhi°lbit E" recorda-d in book 165, page 301 of Deeda
J.n the off-ioe of the County recorder of Las Angalea C*ubt , ca1L-
fornie; And (4) Lnts 25 a" Z8 of the POcha, BUden and 5 dwell Tract,
Partly ill EAirl CLCY goal All 0 said Ociin7,e County, leer iutxp recQxded
in hook 4, page 624 of lli2ce1l8neoue Records In dirt office og rho
10 Coutlty R*eord�r of $Rid Las Angeles County, deectibad as a whale as
follows:
Besi,nning at the wepterlyt s;otner of thrw land described in the
l2 deed to the Cif of Saran Ana, recorded Kay'3.1 1962, in book E106,
p&,-n 9 of Official Records in tha op-ice of said 'County muord°er of
13 0roxl�A County; thence N, 35' 49' 27" E., 1357.75 feet along the nurtb-
Ceoe t Vries of sai,i 'land to a c. an&le go Lit ChereLn; thence
X4 9,. 34u 43' D5"-E.,1.505.95 feet along Paid n or-rhwest limo ;Q-.Id itn
noa:thPasterly rralon9st:t0n to the beg:inning of s Langent Q•,orva, cbn-
15 oaVO #;outloe49terly azri fta�ling a raCUUS of 540.0t1 £set; tla$xtce Wctzth-
oazzterly and Es.sterl,y 520.73 feet along said curve through a central
16 ankle of 556 11' 55"; th*Pce tAngaixt to snid curve EssC 206.04 feet
to an augl,e prpl-rLt in the northerly lute of L.oc 3o of said TrrccU No.
17 16113 discaxnt hest 71,00 Feet along said nortl:serl li-na from the
norrf.i st Cornea of said lot; thence V. '32' 03L 32" E. 129.91 fear
y3 a3lnti the northeaste�Xy prolvrogati.Qati of the nor
a3t {ine of saki
1ot a to the rEOrth Line Qt Lot A of said Tract No, 160$r thence
10 W"C 169.17 f Tet along Laid north lima to its i ntersection with C:ra
scut3 arty 152 On ation Of that curtain CQiMCL all t ag 11sV"ii7g h bcar-
2.C_I irrg of N. 15 06 00' r, and $ length of 1 3.19 €set in tuft wiest.,irly
boundar line of Tract No, 6280, pew me rocorded in b•oodk/q229, pFgex
21 4•.7 a�ud L of said Niaofsll.Aneous Naps, t�m1ce t1, 15. 061 009, 1?. ,
2?z.0� feet a�.lorig laird southerly pprolo gation and westerly boun-rlxry
li.xoe to An single point thero t encc R. 24" 411 W" $, , 377.00
feet along zraid westerly boundary, Limas to an Angle pint ther.e3,n;
23 thence N 8' 55' 14'" E. , 42.41 fact to ra point on the no�;thwesterl}
pralnrtgation of the 3"1thvraat lim-- of lot 59 of; said Tract MD. 6280
24 disraut thereon N. 690 521 l0" W 35,de feat frow the, wst westoriy
Cora3r of said lei 591 Chortce N.'W 63' 02" E. G0.32 fret• tbeuce
26 N. 2.7' 37' 0" Eko 72.56 feet; theace N. 34" 081 00" Z, , 64.01
foet t.o as paint On the nv>:thwa8terl,y p-rolnugation of the ra uch-
2C east line of Lot 61 of'said Tract Yio, 6280, olistant t%Ereast
N. 620 37' 2Cs" W, , 16.00 feet from the u46t northerlyc �:orne Qf zzlid
27 lot 61; Chance S. 62" 37' 26" $., !3,$4 f:cot ploxt, said not_thwestcrly
prols�n.ation to the south"arerly lirie, df. the Ian deEcr#l-��d fn dek-.,C
28 to Keu'bart Protection District, recorded Jarnaxy 15, 1979, in bodA
329, page 173 of deeds in the affLce of said County Recoxt%,r of
• 29 r3rr_ngaa County; thanQp, 11. 18" 23' 00" E, 2"D2,11 foot along; said
E011tbe4stTi ly line to art an la Vvint therein; theatre.
3 alone,H. 41' 1S 00'' E., 191.6D feet alo said soudieA-gLerly ]iota to Lha
i so,-th line na said lot Fa of Gila. PoCL: gord'rn ano si&611
S! L'1101Zce' $. 896 57' 30" E. , 20.60 fect along s..id south lj.ttc or.c, ,.,',c
Saaatla limit of 1aaid 7,ot 25 of tho Pottrl, sorClen and sj4,' ej.k iracr C,?
3' th12 snutlutasP c.ornar of the laud Jeea-ribed in demd to 0i:PFr,(3 : s
llr>ti=d Control. 1 zrxict, rr}ccrd;:Pcl .lay 22, 12s1, its h,;W-, 5727, ;
841 C"!2 aaaid Offictnl rRccordn; t}rTnQe H. 42 5C,` 12" E, , IGR.0' &1-vt
11
EXHIHITA Page 1 of
3/2/2026 Page 33 of 41 Lease Number
Agency/Program Standard Revenue Lease Form
V
k atuelu t� 4� santiteatsC line Of tud lan,i described irk said dad to the
sr„lt}rerJ.Y Fine of that cortaf.tt 80.00 fast Heide strip of Land desaribrod
2 in dcud to the &tat* of California, recorded September jt~ 1936, in
baffle Vt 3 page 3104 of laid CUf r=ial Records, thence
N. 70" 56' 40" W. , 600.37 feet a loner Lamas southesrJ3y linia and its
wf:scczllI �ralangation• tbehce s. 28� 4V 45�"` W. 1735 33 feast" thence
4 5, 8"!" 23 00" W. 146.00 feet; thence: S, 34 31' 02"' Sl. . 985.94
fear; Aleut-e S. 26' H' 41" W., 214.33 &-et; thence S. 27° 27" CEO" W, ,
6, 222.77 fs'�!t; thelbce S. 9, 57, l9" H.. 99.5d fe-&C thence
S. W 05' 50" 4r. , 660.37 feat tbesace s, 55' 12 i 00" E., 44,00 feet-,
8 thence S. 36" (13' 06" Wf , 765,�? feet CO a point on a line char
Psaaeea through the point of beginning and that also ppaseee tltrq�ygh
7 the most southerly corner of lot 64 nf-Tract No 9894 per map recorded
in hook 133, ppRga s 13 through 15 intl,usivat of se.id Miscellatnoou s'
s Map ,
8 asaid point b+a�i:tg diQ#ant S. 48 53' 151" E., L20,GD feet along ae1,d
line from paid moss eoutherl.y coxner; thermea S. 485 53' 15'" 8.,
340,36 feet along said line to the point of beginning.
10 PARCE1. "B"
11 1"lwt portion of the a0`uthea,t qu$rCcr Of Section 35, Tawnahip 4
Smith. Range 10 Wagt irn the RariuhP Las Salaaa in the Gol>nty Ot*
12 oraat C. State of, California. per asap r�tord�ed L boob 51, pa�+a 14
of Musa-ellaneous taps in tha office of the county gae9rder 4L said
13 County Loge Cher wi tlr that por ti mz of Section 2. Townata.Lp 5 South,
Range 10 Writ, ,in sAW ranckoo, county and state, per map rmoordad
14 in hocjk 51, page 12 of Laid KiAcellan u eos daps, ead that portion of
Lot 28 of the pip Cta, B4rden and sidwe.l"l Tract, partly in the r-11K
15 of-Santa Ana, all in said county and state, per map recorder in .'li
14+ paga 624 of Miscallasneaus Reco-rds in the office of the County
16 Recorder of Loa Angeles County, Califozaai.a, de.soribed as .follows-.
17 tc.ginnirg at the inteTUection of Cher 491Yuthweatexly prolorigaciun
of the northwesterly lime of the lind desrribud in dacd to Orange
U; raunty ri ne,d a nfirtrr l nj nf- -i e r ree�r4ed bray lt'lQ in bcvk 497,
page 148 ofOflElciall Rcu arda n the aoMare Of salt{ County Recorder ok
19 Otenge County with the northerly Una of that sexCa3ss 80.00 .foot ul,de
strip of land described �Ln oieed tQ the state of CallforTiia, retobded
20 1 15eemnber 22, 1936, in book 839 page 660 a said official Records,
Said paint being a curve ip 5ala northerly-line coneave southerly
.21 and Slaving a ra i.is of 2040,00 featp d radial lira* of said curve
th�"ugh said point bears Al. 14' 57' 29i1 R,; thence Naaterly 7.03
22 feet alonf ai3id cur+te through a central angle of V ill 51 ; the,,,
S. 709 50 40" E., 683.57 feet slmg said nortl,arrlgg liar and its
28 easterly �prolang,ation to a point wh fh ie W. 70' " 40'" W. , 50.C'Q
feet, Waasured a1],M& eatd easterly ptolevittion, _run
its intesr-
24 aecCLon with Cbe sasterly line of the In-ni dtgcribad in deed to Orange
Count Flood Control District, ralaarded Mar 22 1961, in boob 5727
25 pahga 43 of said UtficiAl Rev.vx'ds; thanaea 11. 15* 15' 37" L,, 757.86
feats thence N, 230 29! 53" F. , 884.11 feet, thq&noa
26 R. 34' ems' 13" W.} 282.37 feet to t1w easterly rolongffition of that
ctrtein cnurne cited'as S. �$° 5�}' 3B°' . , 337� 7 feq±C" in Fatcel. 1
27 0� tho deed to the State ❑f California, r*cordad Novimbnr 6, 1$t .
W book 6311 ikAga 531 of said Official Retards'; thence
28 N. $9 45' 16re W. , 342.89 feet -along said easterly prv7,ong ttion to 0313
�ac�Rt�rly lint of Le 630.00 foot wide strip of rood dtsdribad a�:
29 "Pa reel 2" in the deed to the Cotmt�r of-orange, rtuorded May 25, 1932
in boolt 557, p-ac 264 of- said official Iles+}rda, thenr_e SouCh
30 231, 31, QUO" W. 172.94 feet a�lcm saW W04ete-rly lire to the 90uLlbaest
Corot-s Of the cand desarib-ad as parcel. 2" jxL the {Iced to thn 0_-a,3j,c,
31 Coiont:y Flood Control Dkbtriti , recorded Deeachber 16, 1960 its bo.sk
5552, page 302 of said Official Record$; C>ence K, 896 42' #b" R, ,
s
ress ro f
EXHIBITA Pogo 2 of 6
3/2/2026 Page 34 of 41 Lease Number
Agency/Program Standard Revenue Lease Form
1 M 59 feet along the southerlg line of ski$ laat mermioned "Fuzcel V
to the ng"heAsa cornet of the land described in said bookk 997, gage
14s8 of Dfilicial RLsc*r�d's, Lbenca S. Z3° 31.' 00" V,� 510.69 feet along
the. lir`A of sal,d land to the east corner of the l$nd de-
satibed as "Farce EI-1107.2" in deed t:o grange County Flood Ciortrol
1DisLtit:C, racbrdod januar 1G, 1961, in book 5549 page S59 of said
4 Official Records; th-efface P 45° 55' 10"L V.,2151.95 "feet along the
n Grtha-mobarly line of esid "Parcel.. �i"f.h•wLPL"' to an fag to 13*irLU
thence 6 therQin; N. 45' 18' 55" 4, , 53.10 feet along said nortlieast-
li arine CQ thiR FMI tLb cotneIC ®9 paid "Farvel E1-1107P�"; thence
6 S. 13o 31' 00" W. 53.62 feet along the mrthweaterly line of $aid
'i'aaiceL lil-1102.P to the Vast Cotner cif said "Par+ce1 IE1-1102.2'"-*
7 thence S. W 18' 55" F.. 34,()-2 feet along tive southwesterly Uns *£
pa-,d "Pereel E1-1102.2" to an arogale point thea:'etro, thence
8 S. 1,5' 584 la" E„ 41D.94 feet along said s�utbwasterly line to the
SCALth corner of said "Jam-el Ely1102.2 " said south earner bej_ng a
paint on said southeast ling caf uha LanA described in book R97, page
JAB of Official Records; thence S. 23' 3L' 001' Wj3l 880,25 f4et
f along said southeast line to the satitheast corner of aald 'an3;
thence S, 89' 42' 30" W., 76.5!3 feat along tbo south line of said
li land to tho westerly comer of said land; thence S. 23` 31' in"
80-94 feat along the southweaterl prolo gstlan -nf the. north;;,It,.Hy
12 . line: of acid Larid to the•poiint Tbefinning.
la
14
,,SAT
ZE
19 oratge Comty F100 ControL Distriat
20 _
21
24
25
26
29
166J 1� P
EXHIEITA Page 3 of 6
3/2/2026 Page 35 of 41 Lease Number
Agency/Program Standard Revenue Lease Form
1 1•'AILI"�"�:` S�.t@lA a!L?1:1 r.Ivi�r �t,�'.1,�.�D b,4T�+; 10,7��69�
M'STAIF': -rDlf Course L -Fe , WRITTM, F.D,11.
FACILITY NO; E01 Y
4 Thftt portion of Section 2, To.anslaip 5 South, R q3 10 `Jost,
ill eha Ranch* Las fiolsass, City of Santa ' iCot ty Of €arallt4a'
StaL7a oi' CA11-1 f=tiat pe-c map ran-a-L 7ed in bODk 51, Page 12 OE tiiacal-
1alle0ots tip?a in the office of the Covnity Rec del Pi rfaid rtounty,
tognthctr with that pottlon of Lot -26 of Trpot No, 2687 ir, said city,
coup, y atrLd etateer ma recorded in book 117 pa8e9 R8 C43 3U
intlur;i.vll of Baia 9iVC1.P-L�aneaua MAPS, d1assribed e16 follows:
8 f Vaginrnin at a potot on the southarly line of that Certain
I M00 feet v*Lh at-rip of land describ*d in deed to Klan State of Cali-
9 fornia, riacorddd 22, 1936, in brok B9, peg& 460 of of-
ficolal Records in t e office of safd County RaooirdeT dlatant
10 `N. 70" 50' 41)" 17. 600.37 feat ajorg aai.d eoutherl3� ling and itg .
southees�horly ;proimgation from tbga irtargsotion thinxeof with the
11 southeaat Une of tht laird degaribed in dead to the Qramro County
Flood q2ontscoi Distxi;ctr •recozded Kay 22, 1961, i,x boob 5727 We
12 843 of saLd 01ficial Reeords; tbence S. 25" 4-7t 45" N•:, 1731, 3' .7
tea t- thimios 5. 84" 23' 00" W. , 140.00 feet• thaanca S, 38* 33, 02-11 W,,
18 s5, 4 foot thence S. 28 2:8' 4L" W.. 216,. 3 J1eeL- t13-ence-
S` i7° 27' �vl Wr, 222.77 feet' thence S, 5 6 57' Z�" E. 99.58 ilk 1:'y
14 S. 3V O5 50.1 L7, 6 41P�57 feotx trance S. 55�� 121 Ob°' Ig.
44.00 test; thence S. 3b$ 03, 06" W., -M.77 feet to a point M it
15 ;ire E:lAt passes tbr0rLgh r-he mo9t nouthEtly torher of YxwC 64 of T)-act
No. 3834 pee rrAp racorded in 'book 13.3, gases 13 tlroll.911 15 incluaive!
10 of asafd KisrellPrw-lcyus I[aps, grad Whith also gasses throagh file
wartexly earner of the Land described in deed to the City of
17 Sanla Ana, r car4ad May 11, 19,62, in baok 6106 age 9 of raid Of-
fici:el, kerords, said paint bents dlttl:ant S. 48 3 15" E, . 120.00
in 1-86L alosig said, Mie i;rsara said most souL-harly Corner of Lot 64- tlmxw-e
N. 6€l;" 53 15« w, , 12()_00 Feer to a1d mass scutberly ooxvir; thcx"x:c
10 N.-'3V' 4W 0{3cc E, 1132.54 feet the aautheasltexly lxou:,=dary of
vase Tract No. 3834 cc an angle Voint therein; 4h�o2
20 N. �25' 40' 00" E, , 515.15 feat aLat. spld gotthaasterly l oundairy
line to ttae rtorUe.ast eornar of said T act-No. U3 4, snit# e4rnar
21 being = the north line of tlaa �iourhwest quarter of said Section 2;
thesiru U. 89' 47' 50t' E., 53,40 feet. alai^ said north lineto the
22, rao-no lime of t", land deecx;:�ed�n dsacl to X-owbert FroLacti
>tistri.:t, reraorded Ootobcr 8, 1921, in book 406 pa ct 1135 Of 1`~cedv 1.n
29 the a fica of said 0,ounty l e�a:cder; t�� c3oe N. 21' 491 00" EP , 179.00
feet Alon said rorthwescerly line to Ark artgIE! point thereiu, tner.cs
24 K. 37' 39 5V' E,, 36,34 tact al ng said not tlivogt&rly lira ee+ the
souLheastR Corner a TraCC go. 3637 per map r-.carded in baoi( 129,
w p,9g,es 18 to 24 inclutivt- of s11ia1 Maps'; tbence alunf. the
soutbeasteKLy Ur)e of said Tract Llo. 3637 to the most 3ouL-horl carnM
26 of TreLet No. 27G2, per' map recorcled in boale 113, es 26 to P
�.nclusiv� of said M'iscellaTlenu€s Ma ps; thesice N. 3�#(ag 21- •38" L". ,
--7 562.52 feet al+on8 the soasr.I Rturty line -of dAid Tract P,), 2762 to
tha Maya ea terly �coxnea: Moir Lot 93 of paid tract said Poi.uC hofxk�
i eisx� a W71C fi �a>I th-a stexl-y boux&ary lice of said Tract W-. 28S7•
tliente S. 0" 17 r 30" E., 23,90 feast; ajarq gaid boum6A yr ].ire ro-1_6
1? II wont aoutharM cornar of said. TrOCL No - 2887; f:h&Mtee
' 1 9, 36° 41¢ 05 E. , 45 e a t,�
7.99 feet alo Qie ❑uchWgtly bnuL:tl��cy idles
3b of said Ttc ct 14o. 2887 to &1 aktig>- p,rir'r thetrein ithanve
S, 0" 1.71 30" E., 51:.49 to Chia, unmet southAri.yy r.orner_ of T.trt
dI 10 of said. Tram: .No. 2597; thence N. 34' 48' 00" B. , 1147.CO fCCLI�t
sFid 8ovtreastc-rly Lotmidaxy line of "Bract No. 2887 to Ube G,oFt
32 i switbrncly cra ne.+, of LOL 76 oti said Tzar t;
Pi�}4 I
21
EXHIBIT A Page 4 of
3/2/2026 Page 36 of 41 Lease Number
Agency/Program Standard Revenue Lease Form
f MSA' fft-r;t $tong tha souttme5reyly lire of said lot 26 to t1w. moist
W09torly 406mer of ae land deecribed in do*d Vo Or .g a Ga,t«t Flood2 Controa. DieltricL. reca�--dcd itme 1G, 1965, in bo-Du 7558 age 4# ,
said Offigial Records; tthvnee N. 27e° 0 ' 39"" E, , 147,�� eet a],=8
8 tho itpvOwe5mrly-1ino of the Uind de6cr,bild irj acid dae+d to the:
soar naxthorly Qarner of said land; thence H. 25' 561 2.4" E. 803 81
4 feat ae1€319 tbC weSCICrly 1iAt of the lan€� deat,rll,ed as "Fa4rc�i 10' itw.
dear, to Orango Count Floofl Cvnr-vol. oisc,ric t I rilc+arde€i July 3U IR69
6 in blaok 9-034, page 4 7 of said Offiraial Rosords tc the Fouthuriy lint
of uAid MOO fea4 wida strip of land deear�had in Aced to the SLALe
6 of California; Lhence s. 70" 501 40e' E. � 8-a.m raet a],Gng -9ald 30uth-
arly- lilie td Cho paint of beginning.
8 _
49��4.k
.
ii
y f
�r
IT-
34
+a Waage Countp 1'1a4d Conrr*l DiEcrict
l� e
lfi '
1?
i8
19
2q _
21
26 I
I$y�7
�M
81 ,
EXHIHITA Page 5 of 6
3/2/2026 Page 37 of 41 Lease Number
Agency/Program Standard Revenue Lease Form
S 1=CILI1�TY: €r4NTA,J4AMA F,li.li4: G1:�T'r"r .yy ,DlATE:. {7�.0-77-G9 T
1 �aS'/�1ElA��.9 n p� G {soIr Du sC UaEe Ii AI �.I•s.i. C 1•'lTi 'V�W 4J i�NFa i Fii 11. •
ITY
2 11ARGEL NCB; 3
That portion of L4te 25 and 28 vt tbro Pants, Borden and Siduall
6 Tra+�c, p1^..ri:ly i;i the City of 5-PLaU. Arta, all. in the Core of Ormige,.
State of Oali.fortita, per map Lacorded in I ook 4, page 62 of Micnal-
lantous Rtov:ds in t1le offiee of Cha Co+mry Recorder of Los Angeles
Coatnty, Galifarroia, described as follows:
6
BeSimn;,n;� ELt the inte eeotiorp of the northerly Line of that
7 certain 80.00 foot Saida trig of laud xIescrfbed 3,n deed to ttft Mate
of Ghlifamia, recorded Sept;mber 11, 1936, in book S43•, page M4
of of;6i�ial- Record$ ix Ole afloe of the Oounty Recorder of sal.d
orange County, with the easterly Waa of the land doscr bid in deed
9to Glfar l G€�unCy Floyd ciontru1 aiserict, r�cerded May 22, 1961, in
bvoh 57 7 e EV+3 of said O�fi.aial Records; t�i�nca
l0 N. 70' S0� �40,' W,,. 50.00 feat along osfd nor. er],y Lixhe; Lhence
N 13' 15, d7'" E, 757i86 feet; tberme N, 23" 219' S3"" E., 8 4.Ll
11 feet; ChE�tce N 3 04 13" W, , 282,37 feet to the easterly prolonga-
tion of that eertaian coarse citric[ as "S. 68° 501 3811 E. , 337.37
12 feat" in Parcel 1 of the deed to .the State of Galifovnie, regGra#e,d
kw ember 6 1962 ire book 6311 hagp. 631 trf .said official Recer-ds;
18 than-me S. 49° 45, 18" E,, 324,32 feet along said easterly praalongation
to the. easterly UT a of the land deacril>ed in dead to the Ora-nge
14 Count Flood Cdntr-ol pin Gzi.et, rea;orded lingg 19 1961 in book 5726,
Toga 05 of said Official R"ovds; theraoa S. 23' Z81 5411 W, ,
15 L1 3.57 feet along sa.iicl last menLioned easterl�r Lirenr to alt � In
poknL therein, thence S. W 5V 10" W„ 752.4A foot $loan o4ald Jast
15 mozitlDned Baste-rlyr line dnd the easterly lime of the land described
in: said doed recordod in book 572ta page On of {official Records to
F 17 the point " beginning,
1-, EXCEL-jr thnt paxition tliergr>r irkQl dad wlth r" the prc-posed sc&ce
l•igItway a+cc4�ss road which is lie mded as follow:
lf�
McrCherly by said eastariy pprolonZati.on of said certain course;
n SGutbeaa.�erly by !said easterly line of Lhra- Viand daseribed Xn bQolc
57Z6, page 05 of €lffiraial Record_,; Weat'erly sand Scutbwesterly by
1 the nor;therl coe�tinuaLion Of that ctrtfliu curve cited a$ baying a i
radius of. 18 .00 facto a aentral an 1e of 69' .50` ZV and an arc �
22, length of 219.41 felt in
parcel 1 v tlhe land aescrilped in dear] to
the state of Cali oimta, rer-orderd DeCamUcr 15, 1961, in baol< 5�44,
23 page 90 of G.4id Official Reecirds.
rl C.L -
i, OTT
r
27 '
4I- C,- U�hor•ne, c e nz neer
' �•:' C !• N &OLTiZ43 Ceu-mty Flood -Control Dietric.t
{7
4pp iV
i]l
i •
I •
"
•
EXHIBIT A Rage 6 of 6
NOT TO BE RECORDED
3/2/2026 Page 38 of 41 Lease Number
Agency/Program Standard Revenue Lease Form
EXHIBIT B
The Premises leased here under are described in the legal description attached hereto as Exhibit A. The aerial map
attached hereto as Exhibit B depicts a boundary outlining the general area associated with the Premises for operational
and maintenance purposes only.
City shall be responsible for maintenance, repair, and upkeep of all the land and improvements located within the
boundary shown on Exhibit B including areas that may fall outside the legal description of the Premises in Exhibit A
Notwithstanding the foregoing City shall have no maintenance,repair, or operational responsibility for that portion of
the public trail located within the boundary shown on Exhibit B which shall remain the responsibility of Orange
County Parks.
Location Map
River View Gulf Course Leased Land
1
r 06 . .4
'r
yy
Y
r F-I Parceil i
Parcel 2
r
5
•, � Parcel 3 :++
0 Area not desorlbed
,.- in Exhibit A
Exhibit B
3/2/2026 Page 39 of 41 Lease Number
Agency/Program Standard Revenue Lease Form
EXHIBIT C
Best Management Practices ("BMPs" Fact Sheets)
City shall be responsible for implementing and complying with all BMP Fact Sheet requirements that apply to
this City`s operations. City is to be aware that the BMP Clause within this Lease, along with all related BMP
Exhibits, may be revised, and may incorporate more than what is initially being presented in this Lease.
Suggested BMPs Fact Sheets may include, but may not be limited to, the following list shown below and can
be found at: h=://ocwatersheds.com/documents/b= (website may change from time to time):
SC42 Building Repair and Construction
SC40 Contaminated or Erodible Surface Areas
SC41 Building and Grounds Maintenance
SC30 Outdoor Loading/Unloading
SC32 Outdoor Equipment Operations
SC33 Outdoor Storage of Raw Materials
SC43 Parkin / Storage Area Maintenance
SC H Spill Prevention Control and Clean u
SC34 Waste Handling and Disposal
SC10 Non Stormwater Discharges
3/2/2026 Page 40 of 41 Lease Number
Agency/Program Standard Revenue Lease Form
EXHIBIT D
Facility Number
Location Name: River View Golf Course,
ESTOPPEL CERTIFICATE
TO:
As of the date of this Estoppel Certificate the undersigned, as a lessee under that lease dated
between Orange County Flood Control District("Lessor") and the
("City"), does hereby acknowledge the following:
1. The aforesaid lease, subject to article 2 below, constitutes the entire agreement between Lessor and City
and is in full force and effect.
2. (Check One)
❑ The aforesaid lease has not been modified, altered, or amended.
❑ The aforesaid lease has been modified pursuant to that document(s) attached hereto.
3. The term of the lease is Twenty Five(25) years. The lease commenced on
and will expire on
4. The term of the lease is subject to City's option to terminate/extend as follows:
Five(5)Five-year(5)year mutual options. Termination Upon by either Party without cause upon
180 day advance notice to the other Party.
5. The lease rental rate is $200,000 per year,plus additional rent as described in Clause 9 (RENT) no rent
has been paid in advance except as set forth in the lease, and City has received no notice of a prior
assignment,hypothecation, or pledge of the lease from Lessor.
6. City has accepted and is now in possession of the leased premises.
7. The addresses for notices to be sent to City are set forth in Clause 64 (NOTICES)of the lease.
8. City has no charge, lien, or claim of offset under this lease against rents or other charges due or to become
due and,to the actual knowledge of City is not now in default under the lease.
CITY
City of Santa Ana, a municipal corporation and
charter city
By:
Its:
Certificate Date:
3/2/2026 Page 41 of 41 Lease Number
Agency/Program Standard Revenue Lease Form