1993-0907_ORANGE COUNTY HEAD START_Lease Agreement AGREEMENT FOR THE LEASE OF PROPERTY BETWEEN
THE CITY OF SAN JUAN CAPISTRANO AND ORANGE COUNTY HEAD START
FOR COMMUNITY EDUCATION SERVICES
THIS AGREEMENT is made and entered into this 7th day of September,
1993, by and between the City of San Juan Capistrano, hereinafter referred to as
"LESSOR" and Orange County Head Start, Inc., hereinafter referred to as "LESSEE".
WITNESSETH
WHEREAS, the Head Start Pre-School Program provides a very beneficial
community service offering educational opportunities for disadvantaged and other pre-
school children; and,
WHEREAS, the City of San Juan Capistrano has recognized the Head Start
Program as a valuable service and is supportive of the program's goals and objectives;
and,
WHEREAS, the Head Start Program desires a site upon which to locate a
structure and to conduct their activities; and,
WHEREAS, the City of San Juan Capistrano has a suitable site available for
temporary use near the San Juan Hot Springs Dance Hall; and,
WHEREAS, the aforesaid structure will also be available for public use after
school hours; and,
WHEREAS, the City Council at their meeting of August 7, 1984, authorized
the leasing of the City property to the Head Start Program for $1.00 per year
NOW, THEREFORE, in consideration of those mutual promises and conditions
hereinafter set forth, the parties do agree as follows:
I. The term of this lease shall be for a period of five years renewable for
such additional periods as may be determined by the City Council.
2. Parking for the Lessee will be limited to spaces available in the City Hall
Building parking section.
3. The Lessee will provide such improvements to the site as is deemed
necessary by the Lessor.
4. The Lessee will be responsible for the payment of all utility costs
incurred during their occupancy of the facility.
5. Lessor reserves the right to enter the demised premises at reasonable
times for reasonable purposes. No right reserved by lessor in this clause
shall be exercised as to interfere unreasonably with Lessee's operations
hereunder.
6. Lessee agrees to maintain the demised premises and all improvements
constructed hereon in good order and safe and sanitary condition. This
includes, but is not limited to, the accumulation of any refuse or waste
materials which might constitute a fire hazard or a public or private
nuisance.
7. Lessee shall secure and maintain a policy insuring the City against public
injury, liability and damage in the sum of $1,000,000 for each person,
$1,000,000 for each accident, and $1,000,000 property damage.
8. Lessee shall indemnify and save harmless Lessor from any and all
damages and liability of every kind and nature which may arise as a
result and consequence of Lessee's use of the demised premises.
9. As a material consideration for the granting of this lease, Lessee shall
permit Lessor to use its structure and appurtenant facilities for such
community purposes as may be determined by the Director of
Community Services. Any such use shall, however, not interfere in any
way with the Head Start Program.
10. Lessor shall indemnify and save harmless Lessee from any and all
damages and liability of every kind and nature which may arise as a
result and consequence of Lessor's use of the demised premises.
11. Lessee shall have the right to use the fenced playground area, owned and
provided by the City. Lessee shall provide monies to develop the
playground; therefore, all rent for playground usage will be free of
charge from the City and considered an In-Kind donation. City shall
retain the right to use this fenced playground area; however, this usage
shall not interfere with the Head Start Program.
12. Should either party elect to terminate this lease, written notice of such
intent shall be given not later than 90 days prior to the effective date
thereof. Whereupon, Lessee shall commence to terminate its operations
within such time as to enable it to vacate the premises within the
designated time. Lessee shall, in addition, remove all of its equipment
and materials, clean the premises, and leave it in a condition
substantially similar to that prevailing at the time of the commencement
of this lease. Normal wear and tear, acts of God, and events beyond
control of Lessee excepted.
13. 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: Lessor
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
•
TO: Lessee
Head Start Program
Marco T. Pena
O.C. Head Start, Inc.
1440 E. First Street, Suite 320
Santa Ana, CA 92701
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date first above written. The Agreement shall be effective for the period August 17,
1993 through August 15, 1998.
CI + SAN JUAN - 'ISTRANO
z „..,7.,:--,-
" -6" ES, MAYOR
ATTEST:
CHERYL JOHNSON, CITY CLERK
HEAD START PROGRAM
✓%
MAR O T. PENA, DI' CTOR
APPROVED AS TO FORM:
4RIC ARD DENHALTER, CITY ATTORNEY