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08-0715_BOYS & GIRLS CLUBS OF CAPISTRANO VALLEY_Amd to Lease Agreement AMENDMENT TO LEASE OF REAL PROPERTY AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND THE BOYS & GIRLS CLUBS OF CAPISTRANO VALLEY (FORMERLY KNOWN AS THE BOYS & GIRLS CLUB OF CAPISTRANO VALLEY) Ste_ Tis endment to Lease of Real Property Agreement is made this ) day of .JO , 2008, by and between the City of San Juan Capistrano (hereinafter "Lessor"), and The Boys and Girls Clubs of Capistrano Valley (hereinafter "Lessee"), formerly known as the Boys & Girls Club of Capistrano Valley. Whereas, On June 1, 1999, Lessor and Lessee entered into a certain real property lease ("Real Property Lease") for certain property owned by the Lessor in the City of San Juan Capistrano for the purpose of allowing Lessee to construct a Boys & Girls Club center, and Whereas, On March 6, 2007 the Real Property Lease was further amended for the primary purpose of: (1) adding real property to the demised premises; and, (2) extending the term of the real property lease; (3) to include a term that construction of the Teen Center will be completed within 12 months following City conceptual project approval; and, Whereas, Lessor and Lessee desire to further amend the Real Property Lease for the primary purpose of revising the process of performance and default requirements, and NOW, THEREFORE, in consideration of the foregoing, and the covenants and conditions set forth below, Lessor and Lessee hereby mutually agree as follows: Section 5. Performance and Default Requirements. (a) Operational Issues. In the event that the Lessee experiences significant operational problems, including but not limited to a lack of proper facilities maintenance, a consistent pattern of unresolved conflicts between City and Lessee, significant decline of program participation below established goals, and unreasonable and unresolved police calls pertaining to Lessee's Clubs and Teen Facility, then the City Council of City reserves the right to consider initiating a process for the possible assumption by the City of interim day-to-day Lessee Club management for the purpose of insuring successful performance of the Lessee's Club youth and teen program. The process shall be: (1) The City Council of City may call for a hearing after giving written notice to Lessee for the purpose of requesting a Panel Review for any of the above-stated operational problems. - 1 - "Panel Review" is defined to mean a Panel, consisting of two (2) members of the City Council, two (2) members of the Club's Board of Directors, and two (2) members of the Capistrano Unified School District, which shall conduct one or more meetings incompliance with the Brown Act in review of the question put to it by the City Council. (2) If, after conducting a hearing the City Council votes by simple majority of its entire membership to initiate a Panel review, then a written statement of the issue shall be transmitted to the Panel review. (3) The panel may elect to recommend to the City Council and the Club that the management be assumed, or not assumed by the City, or, in the alternative, recommend other appropriate courses of action. (4) Thereafter, the matter shall be heard by the City Council as soon as reasonably practicable. The Council shall give reasonable consideration to recommendations derived from "Panel Review" The Club shall be given a full opportunity to address the City Council regarding this matter prior to the City Council making a final determination on the issue. (5) In the event that the City Council unilaterally votes to assume the day-to-day management of the Club on an interim basis and consistent with the steps set forth herein, the City shall then deliver notice to the Club within twenty-four(24) hours of such decision. The Club shall then take immediate steps to coordinate with City. • In the event that the Club does not comply with subsection, then the leasehold shall be deemed to be void and forfeited by the Club. (b) Default. If Lessee shall fail to comply with any of the terms, covenants or conditions of this Agreement, City shall serve a written notice of default upon Lessee. Lessee shall cure such default within thirty (30) days, providing such default can be reasonably cured with thirty (30) days. If the default requires more time to cure, then Lessee shall commence the cure within thirty (30) days' notice of the default and complete the cure within a reasonable period of time as specified by the City notice of default. If the Lessee still has not cured the default, the City may, at its option, and without further notice or demand, terminate this Agreement and enter upon the Premises and take possession thereof, and remove any and all persons there from with or without process of law. All other terms and conditions of the Real Property lease not amended herein shall remain in full force and effect. [SIGNATURE PAGE FOLLOWS] - 2 - IN WITNESS WHEREOF, the parties have executed this Amendment as of the date first above written. CITY OF SAN JUAN CAPISTRANO 41 I IfIBy: p Mayo r Joe oto Attest: y: lAIAA ali• et R. Monahan lerk Apprs ,ed as to form: 9 By: (�,,/ Omar Sa doval � City Attorney BOYS & GIRLS CLUBS OF CAPISTRANO VALLEY By: fir• \� James Littlejohn, Executive Dire r - 3 -