c. Y
LEASE AGREEMENT FOR PARKING PURPOSES
BETWEEN THE FULLERTON SCHOOL DISTRICT
AND THE CITY OF FULLERTON
This Lease Agreement for Parking Purposes (" Agreement") is entered into this 22" d of August, 2017 (" Effective Date"), by and between the Fullerton School District (" District") and the City of Fullerton (" City").
RECITALS
WHEREAS, City desires to lease for public parking purposes real property belonging to District and located at Nicolas Junior High School, 1100 West Olive Avenue, Fullerton, California 92833; and
WHEREAS, District is willing to lease to City the property for public parking purposes pursuant to the terms and conditions set forth herein.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:
1. The Leased Premises. The Leased Premises to be leased by District to City pursuant to this Agreement is a paved asphalt pad adjacent to Hill Avenue delineated in Exhibit A" attached hereto and incorporated herein by this reference.
2. Term. The term of this Agreement shall commence on the Effective Date set forth above and continue to June 30, 2018. The parties shall have the option of renewing this Agreement for two additional one- year periods by mutual agreement.
3. Purpose. City is allowed to use the Leased Premises only for public parking purposes.
4. Annual Rent. City shall pay to District an annual rent of$ 1. 00 payable upon the Effective Date and the date of any renewal of the Agreement term pursuant to Section 2 of this Agreement.
5. Improvements. City will slurry seal and stripe the Leased Premises for parking purposes at its sole cost.
6. Indemnification and Hold Harmless. City shall defend, indemnify, and hold harmless District, its governing board, officers, employees, and agents from and against any claims, actions, suits, or other legal proceedings relating to personal injury, including death, or property damage arising out of City's use of the Leased Premises under this Agreement, except for claims, actions, suits, or legal proceedings arising out of the sole negligence or willful misconduct of District.
1 7. Insurance. City shall provide District with proof of self-insurance in a form mutually agreeable to both parties.
8. Notices. Any notices, documents, correspondence or other communications concerning this Agreement may be provided by personal delivery or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: ( a) at the time of delivery if such communication is sent by personal delivery, and ( b) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.
If to District: If to City:
Fullerton School District City of Fullerton
1401 W. Valencia Drive 303 W. Commonwealth Avenue
Fullerton, CA 92833 Fullerton, CA 92832
Attn: Assistant Superintendent, Business Attn: Public Works Director
9. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California.
10. No Assignment. City may not assign its interests in this Agreement.
11. Headings. Headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall in no way affect the meaning or interpretation of this Agreement.
12. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
13. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter herein.
14. Amendments. Only a writing executed by the parties or their respective successors and assigns may amend this Agreement.
15. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
2 16. Execution Authority. The persons executing this Agreement on behalf of the parties warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written.
FULLERTON SCHOOL DISTRICT CITY OF FULLERTON
001.‘.bi2 , so. eon4_,
Robert R. Coghlan, en Domer
Assistant Superintendent, Business Services City Manager APPROVAL AS TO FORM: VAL AS TO FORM
c
Hilda Sugarman ( City Att. ney
President, Board • rustees A
3 EXHIBIT A
LEASED PREMISES
Fid
1 0
i, t
sr://
r...- , I• ".„
114
41:, ,
i --
t
74 'I
7 s
R
r
i 1'k-
i...
la NA .. 6 •,
r "
411*
r
1v Il• a
r
1.$ !, $ $,....*:' --' ---`'..
O '
No
ti A
kt
i
s.
Y
f..
Y•• .
A 4
Q1,-
r ,
f ra
TT -
I
7 r
t sl , .+
Y
444 *'
y
4•71
0 kft..
1 4:
le:".
j
0IA0 li I.
i',. 1_.._ i 411' II,' ,
CITY OF FULLERTON
CERTIFICATE OF SELF- INSURANCE
The City of Fullerton certifies that the following self-insurance programs are in force:
Type of Coverage Self- Insured or Policy Limit of Liability Commercial Carrier Period
Comprehensive General
Liability and Automobile Self- Insured 07/ 01/ 17- 06/ 30/ 18 2, 000, 000 Liability
Workers' Compensation and
Self Insured 07/ 01/ 17 06/ 30/ 18 $ 750, 000 ( non- safety) Employer' s Liability 1, 000, 000 ( fire/ police)
Evidence of insurance
Date: July 10, 2017
Gretchen R. Beatty
Director of Human Resources
ThisCertificateis not valid unlesssignedby anauthorizedrepresentativeof the Cityof FullertonRiskManagementDivision.
For mformat, on concerning the above selfansurance coverages, please contact Risk Management at 714- 738- 5321. ti4
I , '
s ' T, ` 7 . 1
A
piw
1)
l'
4-
r
THIS NOTE 14 LEGAL TENDER
j: FOR ALL DEBTS, PUBLIC AND
PRIVATEC- 1:
17*
am'
B 22908177 C
R
w i 7 t
Wesx rrox. D. C.
2 ! ,i'-_ '
B2
2 q , ' ar
ern
I
at!
34ww..
CW 10xt, 1/'
f
I4 L.
A ±±
B22908177C l , t e ; 9
41,
r
2Y. 2 Psi.
sEwEs C p -- illokcs p
2013
U "`k. oru 1 ,,,, Star
k
Hi ` „
V
t'..=:/,',:-.7. 7
r n/ T. y
I S