14603 Whittier Boulevard
Whittier, California 90605
(714) 761-3007
Terry T. Tao [email protected]
September 21, 2022
Via email only
Richard D. Jones,
City Attorney
City of Fullerton
303 W. Commonwealth Avenue
Fullerton, CA 92832
Re: Title to 301 N. Pomona and 315 N. Pomona Avenue in Fullerton Dear Dick:
We represent the North Orange County Community College District (“District”). We write with respect to title to 301 and 315 N. Pomona Avenue in Fullerton (collectively, the “Properties”). 301 N. Pomona Avenue is currently occupied by the Fullerton Museum Center, under auspices of the City of Fullerton (“City”). 315 N. Pomona is Fullerton College’s Ben Franklin House.
In brief, pursuant to a lease purchase agreement (“LPA”) between the City and District (collectively, the “Parties”), title should have been transferred to the District in 1984. On account of inadvertence or some other error, title was never transferred.
Fullerton College’s (“College”) Interim President Monte Perez and the District’s Vice Chancellor of Finance and Facilities Fred Williams recently met with City Manager Eric Levitt. Mr. Levitt told the District’s representative s to have us reach out to you to share the details and effect a transfer of title.
History of the District’s and City’s Transactions Regarding the Properties On November 7, 1974, the Parties entered an LPA whereby the City was to sell the P roperties to the District. (Exhibit A—Lease Purchase Agreement.) The LPA provided for the District to make $15,000 payments to the City for ten years. ( Ibid.) At the end of the ten- year period, if the payments were made, the District would have ownership of the Properties on August 1, 1984. (Ibid.) Our understanding is this was done and the actions of the Parties reflect the same.
The Properties were leased back to the City during the LPA period. After the LPA term ended in 1984, the City continued leasing the P roperties from the District, effectively acknowledging that the District now owned the Properties.
TAO | ROSSINI APC
Richard D. Jones
City Attorney
September 21, 2022
With respect to 301 N. Pomona, the Parties first extended the original lease in 1984. (Exhibit B— 301 N. Pomona Lease Extension.) Then they signed a lease agreement extending through 2008, with an a dditional twenty-year option. (Exhibit C —Lease Agreement for 301 N. Pomona.) In September 2008, the City exercised its option to extend the lease through December 31, 2028. (Exhibit D—City’s Exercise of Option).
With respect to 315 N. Pomona, on April 5, 1983, the District leased the property to the City through 2002, contingent upon the District’s exercise of its option to purchase. (Exhibit E—Lease Agreement for 315 N. Pomona.) The City then subleased the property to the Young Womens Christian Association (“YWCA”). (Exhibit F—Lease Termination Letter from City to District of November 16, 1998.) When the YWCA terminated its lease in 1998, the City elected to terminate its own lease in 1999. ( Ibid.) As aforementioned, 315 N. Pomona is currently in use as the College’s Ben Franklin House.
Conclusion
For some reason unknown, the formalities of transfer were not completed decades ago. The Parties have been proceeding as though they were since then. The District would like to clean up this issue, especially since the District is informed, on account of recent turnover at the City, there is confusion as to which of the Parties actually owns t he Properties. If the title issues are not addressed, they have the potential to strain relationships between the Parties and cause a needless dispute. The District is keen to avoid this.
We would appreciate an opportunity to meet and discuss the title issues once you’ve had the chance to review. Please let us know if you have any questions.
Very truly yours,
Terry T. Tao
TAO | ROSSINI APC
Exhibit A- Lease Purchase Agreement
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LEl•,SE l"URC'lJASE AGREOIBNT
This Agreement is made between the City of Fullerton, a municipal corpora tion, and the North Orange County Community College District, hereinafter desi9- nated "Cl'l'Y" and "DISTRICT" respectively.
In consideration of the respective and mutual promises and covenants herein contained, the p..,rtics hereto, hereby promise and agree as follows:
l. The CITY hereby leases to the DISTRICT and the DISTRICT hereby leases from the CITY the Pomona Avenue. Library property (legal description of which is attached hereto and included herein by this reference) for nuscurn, joint community service and related purposes1 and, for compatible CITY approved recreational activities.
2. The tenn of this lease is for a period of ten (10) years, commencing August 1, 1974. DISTRICT muy at its option extend the term of the Lease beyond the ten-year period set forth therein, at an annual rental of $1.00 per year for such additional term as may be provided by law, providecl that the principal and interest due as per Paragraph 3 shall first have been paicl.
3. The annual rental will be $15,000 due on August 1 of each year, com mencing August 1, 1974 for the year commencing on that date. All rental will be applied, at the direction of the Lessee at tho end of the ten-year term of the lease, upon a purchase price of $150,000 with interest at the rate of 6% (six percent) per annum from August l, 1973 on the unpaid balance of said s1Jm existing from tiine-to-time after such rental is applied first \tpon interest and th en upon principal.
4. That Upon exercise of the option to purchase, a deed restriction approved in advance by the City Council of the CITY nhall be made to insure continued use of the facility for museum, joint commw1ity service and related purposes.
5. 'J..,.nat no changes shall be made to the structure prior to the exercise of the purchase option without the prior approval of the said CIT)! Administrator.
G. That if the DISTRICT is unable to meet the lease payments as due, the DIS'l'RlCT will ir,mcdiately relinquish the property to the CI'l'Y and .this lease and option will be then terminated.
7. That \mtil the purchase pr.ice has been paid in full, the CITY or its agent as}'.;umes full responsibility for the maintenance of the interior of the facility to the mutual satisfaction of both the CITY aud the DISTRICT.
8. That until the option to purchase has been exercised and the �aid pur chc1se price has been pa.id in full, the DISTRICT will. provide flre insurance coverage in the amount of $100,000 naming CI'l'Y as jointly insured.
IN WITNESS HUEREOF, said
day of November
par°ties have
, 1974 •
executed this agreement this --11tL..
CITY OF FULLJ-.ltI'ON, a t.tunicipal
corporation
_Jj2-r4:��-{1dt�
Vice Mayor of the City ot t:11llerton
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Exhibit B- 301 N. Pomona Lease Extension
NORTH OR.\\;! t ,
COMMUNITY COLLEGE DISTRICT
July 2, 1984
Ronald E. Hagan,
Community Services Director
City of Fullerton
303 West Commonwealth Avenue
Fullerton, CA 92632
Dear Ron:
Attached are four copies of the Lease Extension Agreement and the Second Renewal of Leaseback Agreement for the Museum Facility.
Would you please have them signed and return two copies to us at your earliest convenience.
Sincerely,
'/
,~)~~
(/
Joe Newmyer
Vice Chancellor,
Finance and Facilities
Enclosures
Plul,p W Borst. pres,dtnl
FULLERTON COLLECE
Jack Scott. pro,d,nt
CYPRESS COLLEGE
JOSEPH NEWMYER
\Ike Chancellor
Finance and Faci\i!ies
1000 NORTH LEMON STREET, FULLERTON, CALIFORNIA 92634 TELEPHONE (714) 871-4030
COMMUNITY SERVICES DEPARTMENT
303 WEST COMMONWEALTH AVENUE • FULLERTON, CALIFORNIA 92632 Telephone : (7 14) 738-6575
Mr. Joe Newmyer
Vice Chancellor
Finance and Facilities
North Orange County
Community College District
1000 North Lemon Street
Fullerton, CA 92634
Dear Joe:
July 19, 1984
Enclosed are two signed copies of the lease extensions. Thanks for your help and follow through.
I will be in touch as soon as possible regarding the lon g-term Museum proposal . Thanks again.
agan
Community Services Director
REH:db
SECOND RENEWAL OF
LEASEBACK AGREEMENT
THIS IS AN AGREEMENT, made and entered into by and between the NORTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT, hereinafter referred to as "District", and THE CITY OF FULLERTON, a Municipal Corporation, hereinafter referred to as "CITY".
W I T N E S S E T H
WHEREAS, the parties entered into a Leaseback Agreement on March 7, 1975, for a five-year term beginning August 1, 1974, and ending July 31, 1979; and WHEREAS, the parties mutually renewed said Leaseback Agreement for an additional five-year term, pursuant to the provisions of Section 10910 (formerly Section 16659) of the Education Code of the State of California; and WHEREAS, the parties mutually desire to renew said Leaseback Agreement for an additional one-year period;
NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED AS FOLLOWS:
1. The Leaseback Agreement is hereby renewed for an additional .:one-~ (1) year period beginning on August 1, 1984, and ending on July 31, 1985.
2. All of the terms and conditions of said Leaseback Agreement entered into, effective August 1, 1974, shal 1 remain in full force and effect. said parties IN WITNESS WHEREOF,
Agreement this /$cL
this Renewal of Leaseback
, 1984. day of __ ..J.,.,1:1..<..<t.<C,#::.==---
ATTEST:
~Av~~ AnnM.York, Cit< erk
BOARD OF TRUSTEES
NORTH ORANGE COUNTY
JMUNITY CO LEGE DIST~IC
-er ,
Exhibit C- Lease Agreement for 301 N. Pomona
LEASE AGREEMENT
BETWEEN THE
NORTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT
AND THE CITY OF FULLERTON
THIS LEASE is made and entered into this 2:4£
1986, by and between the NORTH ORANGE COUNTY COMMUNITY
lessor, hereinafter referred to as "DISTRICT" and the CITY O FULLERTON, a municipal corporation, as lessee, hereinafter referred to as "CITY".
W I T N E S S E T H
WHEREAS, DISTRICT and CITY entered into a lease purchase agreement on March 7, 1975, for the property located at 301 North Pomona Avenue, Fullerton, California, hereinafter referred to as the "Premises"; and WHEREAS, DISTRICT desires to continue to lease the Premises to CITY and CITY desires to continue to lease the Premises from DISTRICT for the purpose of organizing, promoting, and conducting programs of community recreation, including but not necessarily limited to, the operation of a museum; and
WHEREAS, a museum with said services would be an asset to the community and provide a compatible use with the museum facility; NOW, THEREFORE, in consideration of the mutual promises and conditions hereinafter contained, said parties hereby mutually agree as follows:
1. Premises. DISTRICT hereby leases to CITY and .CITY hereby leases from DISTRICT that certain improved real property located at 301 Nor th Pomona Avenue, Fuller ton, California, more particularly described as Lots 1 through 9 inclusive and the south half of Lot 10, Block 9, Townsi te of Fullerton as per map recorded in Book 22, Pages 3, 4, and 5 of Miscellaneous Records of Los Angeles County, California. DISTRICT covenants that, subject to the limitations expressly set forth herein, CITY, upon paying the rent and performing the covenants in this Lease required to be performed by CITY, may quietly have, hold, and enjoy the Premises during the term of this Lease, including any option period, without hindrance or interruption by DISTRICT or any party claiming by, through, or under DISTRICT.
2. Term. There shall be a construction period and operating period during the term of this Lease. The construction period shall commence on July 1st , 1986, and terminate on
December 31st , 1987 or a date sooner at the time the facility is open to the public. The operating period shall commence on January 1st , 1988, or on the date the facility is open to the public, whichever is sooner, and terminate on December 31st, 2008. The CITY shall have the option to extend this Lease under the same terms and conditions for an additional twenty (20) years by giving written notice to DISTRICT at least three (3) months prior to the termination of this Lease. The construction period shall be used by the CITY for refurbishment and development of the museum facility. During this period all conditions of this Lease shall apply except item 14, "Termination," which shall take effect at the start of the operating period.. Upon the termination of this Lease, CITY covenants to peaceably yield up and surrender the Premises, including all improvements and fixtures which are or are not to become the property of DISTRICT, in good order, repair, and condition, reasonable wear and tear excepted.
3. Rent. CITY shall pay to DISTRICT in advance, the annual rental fee of one dollar ($1), due and payable on January 1 of each year during which the lease remains in effect.
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4. Use. The Premises shall be used for purposes of community services, which may include but shall not be limited to the operation of a museum gift shop, administration of cultural and leisure programs, and other such operations related thereto as may be approved by CITY. CITY shall not use or suffer to be be used the Premises for any other purpose or purposes without, in each instance, obtaining DISTRICT's prior written consent.
5. Improvements. CITY shall make such improvements to the Premises as may be necessary to comply with CITY ordinances and other applicable laws and regulations relative to CITY' s use thereof.
CITY further agrees to prepare or cause to be prepared all plans relative to the operation of the Museum or any other such use of the Premises at no cost to DISTRICT. CITY shall be entitled "to make other non-structural alterations or improvements to the interior and exterior of the Premises, including but not limited to, roofing, lighting, landscaping, irrigation, patio
improvements, and interior modifications provided that the same when completed are of a character which does not adversely affect the value of the Premises. All s true tu ral and other major modifications to the Premises shall be subject to review and prior written approval by DISTRICT, which approval shall not be unreasonably withheld. Any improvements constructed or placed on the Premises after the commencement date of the Lease by CITY shall be and remain the property of CITY during the term of the Lease or any extension thereof. Upon termination of the Lease, all such improvements permanently affixed to the Premises shall be and become the property of DISTRICT. All items of trade fixtures, furniture, furnishings, equipment, and other items of personal property purchased by CITY for use in the Premises shall remain the property of CITY upon termination. CITY shall repair any damage to the Premises caused by the removal of such improvements.
6. Protection Against Cost or Claim. During the term of the Lease, CITY agrees to hold harmless DISTRICT from any liens, claims, or demands arising from any work of construction, repair,
restoration, maintenance or removal arising out of any work upon the Premises and shall pay all liens, claims, and demands before any action is brought to enforce the same against the Premises.
7. Indemnity. During the entire term of this Lease, DISTRICT shall not be liable for loss, damages, or injury to the person or property of any person whomsoever at any time, occasioned by or arising out of any act or omission of CITY, or of anyone holding under CITY or the occupancy or use of the Premises or any part thereof by or under the CITY, or directly or indirectly from any state or condition of the Premises or any part thereof during the term of this Lease, except that caused by a negligent or intentional act or omission of the DISTRICT.
Notwithstanding anything to the contrary herein contained, and irrespective of any insurance carried by CITY for the benefit of DISTRICT under the terms hereof, CITY agrees to protect, indemnify and hold harmless DISTRICT and the Premises from and against any and all damages or liabilities of whatsoever nature arising out of or in connection with the operation carried on by CITY or by anyone holding under CITY on the Premises, except that caused by a negligent or intentional act or omission of DISTRICT.
8. Insurance. CITY agrees to be financially responsible for Comprehensive General Liability covering bodily injury, personal injury and property damage with self-insured reserve limits of not less than three million dollars ($3,000,000). In addition, CITY agrees to be financially responsible for Workers Compensation in statutory limits for cities self-insured and responsible for Employer's Liability and certifies to DISTRICT that CITY is permissively self-insured in California. In addition, CITY agrees to procure and maintain in full force and effect "All Risks" Property insurance (excluding Earthquake and Flood) covering the Building and Improvements in an amount equal to the Replacement Cost, New, of the Building and Improvements at the time of loss, with both CITY and DISTRICT as named insureds as their interests -2-
may appear, with a certified copy of the policy to DISTRICT' s address, and provision for 30-day prior written notice of cancellation or material change in terms to DISTRICT.
9. Casualty Damage. If the Premises are totally or partially destroyed by a risk covered by insurance carried by CITY, rendering the Premises totally or partially inaccessible or unusable, CITY shall utilize the insurance proceeds to restore the Premises to substantially the same condition as they were in immediately prior to such destruction. Restoration shall be commenced as soon as reasonably practicable, and in no event later than six months after such destruction, and shall be diligently pursued to completion.
If the Premises are totally or partially destroyed by a risk not covered by insurance, the CITY shall have the option to continue the Lease in effect and restore the Premises as set forth in the next preceding paragraph herein or with written approval of DISTRICT the CITY will remove all debris and clean up the land to a degree where the land will not be a safety or health hazard, and to terminate the Lease upon ten (10) days written notice to DISTRICT.
If CITY selects the second option in the preceding sentence, CITY shall indicate such option in a written request to DISTRICT. If DISTRICT does not give written approval within a reasonable length of time, then it shall be presumed that DISTRICT will assume full responsibility for the care and preservation of the premises.
10. Maintenance. CITY shall be responsible for all maintenance of the Premises, including daily custodial maintenance, building maintenance, landscape maintenance, and repairs. CITY is authorized to require such provisions in any sublease or operating or concession agreement, provided, however, that if the sublessee, operator, or concessionaire does not comply, CITY shall not be relieved of its obligation hereunder to DISTRICT.
11. Sublease. CITY is hereby authorized to sublease a portio.n or portions of the Premises; provided, however, that any sublease shall be consistent with the terms, covenants and conditions of this Lease; and further provided that the existence of a sublease shall not relieve CITY from liability to DISTRICT hereunder.
12. Severability. If any term, covenant, condition or provision of this Lease is held by a court of competent jurisdiction to be invalid, void or enforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby.
13. Non-cancellation of Existing Agreements. This Lease shall in no way be construed to cancel or supersede or affect in any way the LEASE AGREEMENT between the CITY and DISTRICT dated April 5, 1983, and signed May 10, 1983, for the property located at 315 North Pomona, Fullerton, California.
14. Termination. This Lease shall be subject to termination under either of the following conditions:
(a). Either CITY or DISTRICT may terminate this Lease by giving written notice to the other, three hundred sixty-five days (one year) in advance of said date of termination or,
(b). CITY and DISTRICT may terminate this Lease earlier upon mutual agreement of both parties. If the DISTRICT chooses to terminate this Lease during the initial ten (10) year
operating period, DISTRICT agrees to reimburse CITY on a prorated, basis for actual costs of improvements made to the Premises by CITY according to the following schedule:
First Year 100%
Second Year 90%
Thi rd Year 80%
Fourth Year 70%
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Fifth Year 60%
Sixth Year 50%
Seventh Year 40%
Eighth Year 30%
Ninth Year 20%
Tenth Year 10%
Such cos ts shall be itemized and verified by CITY and presented to DISTRICT at the termination of the construction period. Only the following items shall be included in the prorated pay back:
Landscape & Irrigation
Paving
New Construction
Floors
Walls
Ceiling
Hydraulic Elevator
Roof
Heating System
Air Conditioning
Doors, Frames, Hardware
Glass & Window Frames
Fire Requirements
Insulation
Seismic Requirements
Plumbing, Water & Sewage Improvements
Electrical (All except track lighting & fixtures)
Architecture, Engineering, Inspection, Permits
DISTRICT shall have the right to defer payment to CITY for a period of up to three years from the date of notice of
termination. If either party chooses to terminate this Lease subsequent to the initial ten (10) year operating period, DISTRICT shall have no financial obligation to CITY for improvements made to the Premises by CITY.
15. Notices. All 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 sent through the United States mail.
To DISTRICT:
North Orange County Community College District
1000 N. Lemon
Fullerton, California
To CITY:
City of Fullerton
303 W. Commonwealth Avenue
Fullerton, California 92632
Attention: Director of Community Services
16. Integrated Agreement. This Lease contains or refers to all of the agreements of the parties and cannot be waived, amended, or modified except by written agreement.
17. Board Representation. It Is hereby agreed that DISTRICT'S Board of Trustees shall appoint at least one member to represent DISTRICT on the Museum Association Board of Trustees or other Museum policy board which may be established to oversee the operations of the Museum.
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IN WITNESS WHEREOF, the parties have executed this Lease by: their duly authorized officers or representatives as of the day and year first writ ten above.
4:v ~__,_L Anne York, City Ck ~
APPROVED:
R. K. Fox, City Attorney
NORTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT
BY tfJ/Le-J 4
Wallace R. Hardy
President, Board of Trustees
CITY OF FULLERTON
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Exhibit D- City's Exercise of Option
Parks and Recreation Department
September 29, 2008
Adam O'Connor
Director of Budget & Finance
Fullerton College
321 E. Chapman Ave.
Fullerton, CA 92832
Re: Lease Agreement with the City of Fullerton dated June 3, 1986 Dear Mr. O'Connor,
The City of Fullerton has· leased the Fullerton Museum Center property at 301 N.
Pomona Ave. from the North Orange County Community College District since 1986.
The lease will expire on December 31, 2008. Section 2. Term, of the lease agreement allows the City an option to extend the lease for an additional 20 years.
This letter shall serve as official notice that the City of Fullerton is exercising the option to extend the lease for an additional 20 years, until December 31, 2028 per section 2 of the lease agreement. In the next couple of weeks, you will receive a check in the amount of $20 for the annual rent payments for the Museum property to cover the 20- year option period.
If you have any questions, please call me at (714) 738-6583.
Sincerely,
· r
16eY~lz
ftdA--
Dlfector of Parks and Recreation
Cc: Dannielle Mauk, Cultural & Events Manager
Alice Loya, Administrative Manager
303 West Commonwealth Avenue, Fullerton. California 92832-1775 (714) 738-6575 · Fox (714) 738-6599 · Web Site: www.ci.fullerton.co.us Exhibit E- Lease Agreement for 315 N. Pomona
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LEASE AGREEMENT
THIS AGREEMENT, made and entered
Please Return to Office
of City Clerk d.,
into this 6- ~ day of
tfp,' (1_, , 1983, by and between the NORTH ORANGE COUNTY COMMUNTY COLLEGE DISTRICT of Orange and Los Angeles Counties (hereinafter referred to as· "District") and the CITY OF FULLERTON (hereinafter referred to as "City").
W I T N E S S, E T H:
WHEREAS, District ·and City have entered into a lease-back arrangement whereby the District is purchasing property located at 315 North Pomona Avenue in the City of Fullerton, California; and
WHEREAS, the property located at 3'15 North Pomona Avenue is . presently· being utilized by the Young Womens Christian Association of North· Orange ' .
County (YWCA); and
WHEREAS, the existing Lease-back. ~reement provide~· that Distti('t :w11{ , ,,.·., own the property in fee simple on August 1, 1984; and
WHEREAS, both parties desire that the existing uses of said property be continued subject to certain conditions;
NOW, THEREFORE, IT IS AGREED by the District and City as follows:
1. This lease shall be effective for all purposes on August 1, 1984 through and including July 31, 2002, provided, however, that for certain, purposes the lease shall be operative immediately.
To the extent that this lease is not effective until August 1, 1984, it is contingent upon District exercising its existing option to purchase the properties from City as set forth in the existing agreements between City and District. At such time as the option to ·purchase is exercised, the lease shall continue through and including the period of July 31, 2002.
3. Effective upon the execution of this Lease Agreement, the City, at 1 2
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28 its option is authorized to enter into an extension or a new sublease with community service agencies for the occupancy of the premises located at 315 North Pomona Avenue, City of Fullerton.
4. Upon the execution of this Lease Agreement the City s))all pay to District monthly, in advance, the sum of One Hundred Dollars ($100) per month as rent on the property.· at 315 North Pomona Avenue,. City .of Fullerton. Beginning. August 1, 19811,. the City shall pay to ·District monthly, in advance, the sum ~f One Hun,dred Fifty Dollars ($150) per_. mon~li· ',1••;'
as rent on the property at 315 North Pomona Avenue, City of Fuller~~n. s. City shall make improvements in the existing structure at J15, North Pomona Avenue to comply with City's ordinances and any other ' .,
applicable laws and regulations relative to any uses by the City of the· building.
6. City shall pay for all operating costs, taxes, insurance including fire·and liability insurance, in amounts approved by District with District to be named as an additional insured on such policies on the premises of .,
315 North Pomona Avenue, City of Fullerton. City is authorized to make such requirement a liability of any sub-lease provided, however, that if the sub-leasee is unable to comply, such obligation shall be that of the City.
7. City shall hold District free and clear from all liability of any nature arising out of the uses of the premises at 315 North Pomona Avenue, City of Fullerton and shall indemnify District from any and all claims and actions arising out of the use of said property including costs of suit and attorney's fees. City is authorized to - make such requirement a liability of any sub-lease provided, however, that if the sub-leasee is unable to comply, such obligation shall be that of the City.
8. District and City recognize that there may be a possessory interest or other rights in said property subje~t to real property taxes. l
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City agrees that it shall be responsible for and to pay, not later than ten (10) ci,.ys prior to delinquency, any and all taxes, assessments, levies, fees, and other governmental charges of every kind or nature levied or assessed by any public agency or authority on the premises and all property installed, placed or located thereon, and shall indemnify District from any and all claims and liability arising out of any taxes or assessments, 9, City agrees to hold District free from any liens, claims, or demands arising from any work of construction, repair, restoration, maintenance or removal arising out of any work upon the premises and shall pay all liens, claims and demands before any action is brought to enforce the same against said land, and shall hold District free and harmless from any and all liability of any and all such liens,· claims or demands including all costs and expenses including, but not limited to, attorney's fees and court costs.
10. City shall be responsible for 100% of the cost of all daily custodial maintenance, building maintenance , landscape maintenance, and capital improvements to the premises at 315 North Pomona Avenue, City of Fullerton. City is authorized to make such requirement a liability of any sub-lease provided, however, that if the sub-leasee is unable to comply, such obligation shall be that.of the City.
11. The City may use the premis~s at 315 North Pomona,, City· of Fullerton, for community service activities as deemed appropriate by the City. Any non-community service uses shall be subject to approval ,by the '
premi~e~. at. District. The City may, at its option~. decide not to use the ' " ' ,. either location for any use but shall in any event be
"·.'· )_/J.
responsible ;f pr-1 1
maintenance and upkeep of the premises as outlined in this agreement.
12. City or District may terminate this agreement by giving -~~tice' three hundred and sixty-five days (one year) in advance of said date of ,,:.,
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28 termination. City and District may terminate this lease/agreement earlier only upon mutual agreement of both parties. The terms and assignmen_ts of this lease may be extended beyond the period of this agreement by mutual consent to both parties.
IN WITNESS WHEREOF, the parties have executed this Lease Agreement by their duly authorized officers or representatives as of the day and year first above written.
ATTEST:
~Ar_/u CitClerk
APPROVED:
~rney
CITY OF FULLERTON
By L-,Cv.)J'-"'"Q C~b.,\.fa---,r
Mayor
NORTH ORANGE COUNTY COMMUNITY
COLLEGE DISTRICT
By /4 ,{ ,la ~ )1, /! /4uj___
Chancellor
DATED: May 10, 1983
' ·,,'
,·,· 1i'·,. 11.'.1
''11
Exhibit F- Lease Termination Letter from City to District of November 16, 1998 OFflCEOFTHECTTYMANAGER
303 WEST COMMONWEALTH AVENUE • FULLERTON, CALIFORNIA 92632 Dr. Tom K. Harris, Jr., Chancellor
North Orange County Community
College District
1000 N. Lemon St.
Fullerton, CA 92834
November 16, 1998
ill
Telephone: (714) 738-6310
FAX: (714) 738-6758
BUS INESS OFFICE
ir. H~ ~ NOCCCD
Dear D~ __ ,s/\ 0 ,v-.. /
Recently, the North Orange County YWCA notified the City of Fullerton that they would no longer be occupying the Ben Franklin House located at 315 N. Pomona Avenue, Fullerton, CA.
As you know, the _City leases this property from the District and then subleases to the ?WcA.· The YWCA has no time Jequirernen~·to give_not.ice to the City;··-however, the . . .
City is required to give a 365-day notice to the _District..
In discussions with the City Council, there was no current City use identified for this property. At the direction of the Council, this letter shall serve as our required one-year ,. (365-day) notice that we will be terminating our lease on November 16, 1999. Enclosed is a copy of the letter received from the YWCA indicating they will be vacating the property on December 31 , 1998. The City will maintain the property until midnight on November 16, 1999.
If the College District is planning to sell this property, the City Council did indicate an interest in exploring a possible purchase. This assumes we could reach terms that are acceptable to both parties.
As you know., we. are in:discussions with the Distr,ict staff regarding the back payment of rent due on this prop~rty; and pqssi.ble chariges_,to the lease of the Museum property.
Please let us kno.w.~ _hen you-w9uld_ like to r11eeJ to di~9u~s lhes~ is.s_ues·fur.ther.:·· ;.; · . .. _ RECEIVED··
NOV 1 7 1998
CHANCELLOR'S OFFICE t.,...,..,... ,..,...
Thank you for the opportunity to use the 315 N. Pomona property for vital community programs. We look forward to working together in the near future.
JA:JF:rh
Enclosure
Slace �-
Ja es L. Armstrong
City anager
•