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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