07-0306_BOYS & GIRLS CLUBS OF CAPISTRANO VALLEY_Lease Amd 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)
This Amendment to Lease of Real Property Agreement is made this 6th
day of March, 2007, 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, Lessor and Lessee desire to further amend the Real Property
Lease for the primary purpose of: (1) adding real property to the demised
premises; and, (2) extending the term of the real property lease, 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 1 . Amended Leased Premises. The "Premises" as set forth in
the Real Property lease is amended to include the original leased property
plus that additional property generally depicted Exhibit A, labeled "Proposed
Teen Center," said Exhibit A being attached and incorporated herein by
reference. The parties agree and understand that the additional leased area is
to be developed by Lessee as a teen center.
Lessee agrees to construct the teen center within 12 months following
the City's land use approval for the design and layout of the center, unless
Lessee is otherwise granted additional time by the City Council to complete
project construction.
Section 2. Lease Term. The term of the Real Property Lease will now
be for a term of twenty-five (25) years from effective date of this Amendment
agreement. The option granted by Lessor for an additional twenty-five (25)
year period, as provided for in section 4(a) of the Real Property Lease, shall
remain in full force and effect.
Section 3. Miscellaneous. (a) Section 8(d) of the Real Property Lease
is amended to read as follows:
ATTACHMENP
"Lessee may encumber this Lease, its Leasehold estate and
its improvements thereon by deed of trust, mortgage, chattel
mortgage or other security instrument to assure the payment
of a promissory note or notes of Lessee, upon the express
condition that the net proceeds of such loan or loans shall be
devoted exclusively to developing and/or improving the
leased Premises or for operating expenses of the Lessee.
The City allotted $200,000 to the Lessee for the proposed
teen center operations. If the teen center is not constructed
for any reason, the Lessee will return the $200,000
operational funds to the City."
(b) All other terms and conditions of the Real Property lease
shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Amendment as
of the date first above written.
CITY OF SAN JUAN CAPISTRANO
ti IV' ,,
By:
Ma •r Sam Allevato
Attest:
i 4 P,(i L,--, , _
By: aA
v. garet R. Monahan
Clerk
Approve•I:s to 0 :
By: Ili A 4_,„
Joa
Cit/� Attorney
I
BOYS & GIRLS CLUBS OF
CAPISTRANO VALLEY
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By: =,-,:,avv.3:.° =. ^ ' ''.-v
James Littlejohn, Executiverector
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