07-0904_ORANGE COUNTY HEAD START_Lease AgreementFIRST AMENDMENT TO
LEASE AGREEMENT
THIS FIRST AMENDMENT TO THE LEASE AGREEMENT between the
SUCCESSOR AGENCY TO THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY ("Lessor") and ORANGE COUNTY HEAD START, INC.,
("Lessee") is made and entered into, to be effective the 1 st day of October 2012, as follows:
RECITALS
WHEREAS, the Lessor and Lessee have entered into that Lease Agreement dated
October 1, 2007, for lease of that certain real property located at 31486 EI Camino Real, to
place a three -classroom modular complex and playground for the Head Start program for
preschool children and their families (the "Agreement"); and
WHEREAS, the Lessor and Lessee desire to amend the terms of the Lease
Agreement as provided hereunder.
AMENDMENT
NOW, THEREFORE, in consideration of the promises and mutual covenants
contained therein, Lessor and Lessee agree to the amend Section 2 of the Agreement as
follows:
Section 2. Term.
This lease agreement shall commence on October 1, 2012, and shall be for a period
of three months, and shall terminate on December 31, 2012.
All other provisions of the Agreement not amended hereunder shall remain in full
force and effect.
CITY OF SAN JUAN CAPISTRAcNO
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LEASE AGREEMENT
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This lease agreement (the "Agreement") is made and entered into this _
_ day of September 2007, by and between the SAN JUAN CAPISTRA O
COMMUNITY REDEVELOPMENT AGENCY (hereinafter referred to as "Lessor")
and ORANGE COUNTY HEAD START, INC. (hereinafter referred to as
"Lessee".)
WITNESSETH
WHEREAS, Lessee's Head Start Pre -School Program provides a very
beneficial community service offering educational opportunities for
disadvantaged and other pre-school children; and,
WHEREAS, Lessor has recognized the Head Start Pre -School Program
as a valuable service and is supportive of the program's goals and objectives;
and,
WHEREAS, Lessee desires to lease premises in the City of San Juan
Capistrano to conduct the Head Start Pre -School Program; and,
WHEREAS, Lessor owns certain real property described below which is
suitable for Lessee's purposes;
NOW, THEREFORE, in consideration of those mutual promises and
conditions hereinafter set forth, the parties do agree as follows:
1. Lease of Premises. Lessor hereby leases to Lessee and Lessee
hereby leases from Lessor, in accordance with the terms of this
Agreement, that certain real property located at 31486 EI Camino Real,
San Juan Capistrano, California (the "Premises") to place a three -
classroom modular complex and playground (the "Facility") for the
Head Start program for preschool children and their families.
2. Term. The term of this Agreement shall commence on October 1,
2007, and shall be for a period of five (5) years.
3. Compensation. Lessor and Lessee agree that the lease amount shall
be One Dollar ($1.00) per year.
4. Parking. Parking for Lessee will be limited to the adjacent La Sala
parking lot and the Library Parking Lot located at the corner of EI
Horno Street and EI Camino Real. Lessee will assure that all Head
Start program participants and staff are required to follow the
guidelines for pedestrian and vehicular access as outlined in Exhibit
SD
_1 S
"A". Lessee is required to provide these guidelines to all program
participants and enforce them at all times. Lessee will be responsible
for adherence by all program participants and staff to these guidelines.
Failure to do so will be considered a breach of this agreement.
5. Pedestrian and Vehicular Access. Pedestrian access to the Premises
will be from the La Sala ;Parking Lot on the north side of the Premises.
Lessee will assure that a[l program participants and staff are required
to follow the guidelines for pedestrian and vehicular access as outlined
in Exhibit "A". Lessee is required to provide these guidelines to all
program participants and enforce them at all times. Lessee will be
responsible for adherence by all program participants and staff to
these guidelines. Failure to do so will be considered a breach of this
agreement.
School. Bus Access. Lessee is prohibited from providing program
participants bus service to the premises as part of the, Head Start
program.
7. Utilities. Lessee will be responsible for the payment of all utility costs
incurred during their. occupancy of the Premises.
Entry by Lessor. Lessor reserves the right to enter the Premises at
reasonable times for reasonable purposes. No right- reserved by
Lessor in this section shall be exercised as to interfere unreasonably
with Lessee's operations hereunder.
Maintenance of Premises. Lessee agrees to assume full responsibility
and 'costs for the maintenance of the, Premises within the inside
perimeter fencing for the modular complex throughout the term of this
Agreement. Lessee will take all necessary action to maintain and
preserve the Premises in good order and in a safe, healthy and
sanitary condition satisfactory to Lessor and in compliance with all
applicable laws. 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. Lessor agrees to provide grounds
keeping services for the landscaping and lawns outside the perimeter
fencing.
10. Insurance Requirements. Lessee shall maintain in full force and effect.
a comprehensive general liability policy in the minimum amount of
$1,000,000 per occurrence, combined single,limit, naming Lessor as,
an additional, insured. An insurance certificate acceptable to the City
Attorney shall be filed with- Lessor prior to the effective date of this
Agreement. Lessee shall also provide an endorsement acceptable to
the City Attorney for Lessor establishing that Lessor has been legally
added as an additional insured to the insurance policies required under
this Agreement.
11. Indemnitv. Lessee shall defend, indemnify and hold harmless Lessor,
its elected and appointed officials, employees and agents from any and
all losses, damage, injury, accidents, costs or expenses (including but
not limited to attorneys' fees) arising out of the exercise of Lessee's
rights and obligations under this Agreement.
12. Use of Premises.
a. As a material consideration for the granting of this lease,
Lessee shall permit Lessor or the City -of San Juan
Capistrano (the "City") to use the Premises 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.
b. Lessor or City shall have the right to use the fenced
playground area, owned and provided by Lessee. Lessor or
City shall retain the right to use this fenced playground area;
however, this usage shall not interfere with the Head Start
Program.
C. The Premises will be available for public use after the Head
Start Pre -School Program's regularly scheduled school
hours.
d. Lessee shall assume. no liability for any use of the
playground area and equipment by Lessor or City pursuant
to this arrangement. Lessor shall defend, indemnify and
hold harmless Lessee, its elected and appointed officials,
employees and agents from any and all losses, damage,
injury, accidents, costs or expenses (including but not limited
to attorneys' fees) arising out of the exercise of Lessor's
rights under this section.
e. Lessee shall submit a semi-annual performance report, due
January 31 and July 31 of each year for this agreement.
The report will be submitted to the City Manager in
accordance to City Council Policy 014 (Exhibit B). The
report shall include:
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1. Disclosure of all activities Lessee has conducted at the
premises, or with City funds, including meetings,
classes and events;
2. The number of citizens receiving benefits;
3. The city of residence of citizens receiving benefits;
4. Proof of Lessee's continued nonprofit status;
5. An account of Lessee's performance as established in
agreement with Lessor. Such performance
measurement standards shall be negotiated at the time
agreement is entered into, and reflected in said
agreement. The agreement shall also identify to whom
the report is to be addressed and establish the dates
when it is due to Lessor.
6. Information on the total revenue and expenses received
by Lessee during the reporting period and disclosure of
the sources of that revenue.
13. Improvements.
a. Lessee shall make improvements and changes to the
Premises pursuant to City Council Resolution 02-06-18-06
(Exhibit "B"), including playground 'equipment and fencing
subject to approval of the Planning Director.
b. Lessee shall be permitted to provide for signage for the
Head Start facility pursuant to City Council Resolution 02-06-
18-06 (Exhibit "B") subject to approval of the Planning
Director.
C. Lessee shall not construct any additional improvements to
the Premises without prior written consent of Lessor.
14. Breach. In the event of any breach of this Lease by Lessee, Lessor
shall notify Lessee in writing of such breach and lessee shall have sixty
(60) days in which to cure said breach.
15. Termination. Should either party elect to terminate this Agreement,
written notice of such intent shall be given not later than ninety (90)
days prior to June 30 of any such year. 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 in the time of the commencement of this lease (normal wear
and tear, acts of God, and events beyond control of Lessee excepted.)
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16. No Assignments. Lessee may not assign -its rights under this
Agreement to any third party.
17. Attorney's Fees. If either party commences an action against the other
party arising out of or in connection. with this Agreement, the prevailing
party shall be entitled to have and recover from the losing party
reasonable attomey's.fees and costs of the suit.
18. Notices. All notices, demands, requests, consents, or other
communications which this Agreement contemplates or authorizes, or
requires or permits either party to give to the other, shall be in writing
and shall be personally delivered or mailed to the respective party as
follows:
To Lessor: San Juan Capistrano Community Redevelopment Agency
32400 Pa"seo Adelanto
San Juan Capistrano, CA. 92675
Attn: Administrative Services
To Lessee: Orange County Head Start, Inc.
Attn: Lucia Palacios, Executive Director
2900 Harbor Blvd., Suite 100
Santa Ana, CA. 92704
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19. Entire Agreement. This Agreement constitutes the entire
understanding and agreement between the parties hereto and
supersedes all previous negotiations between them pertaining to the
subject matter thereof.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the date first above written.
ATTEST:
SAN JUAN CAPISTRANO
COMMUNITYREDEVELOPMENT AGENCY
By:
Dave Adams, Executive Director
han, Secretary
014lip11 pl,/L���
ORANDE COUNTY HEAD START, INC.
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By: 12i�re4-o✓', Fi,ianCP 6 ni'l
FOR', Lucia Palacios, Executive Director
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Dear Head Start Parents/Guardians:
EI Camino Real can be a, busy street which provides access not only to the Head
Start facility, but -also to the Mission Hills neighborhood, San Juan Elementary
School, and the Mission School. In order to. provide safe and convenient access
to the Head Start facility, we require that all parents who bring their children to
Head Start comply with the following access requirements:
Parents/Guardians who walk their children to the facility:
For parents of families living, west of Camino Capistrano and who walk their
children to Head Start, you must use Camino Capistrano to the tennis courts and
then the existing walkway along the side- and rear of the tennis courtsup the
slope'to the library, then left of the, library and front of the Head Start facility.
You may also use Camino Capistrano to Acjachema to EI Camino Real.
Parents are not permitted to walk along La Zanja to EI Camino Real to access
Head Start.
Parents/Guardians who drive their children to the faoility:
For parents who drive their children to Head Start, •you must park in the Library
parking lot across EI Camino Real from Head Start, and walk your children
across the street to the facility.
You may also pull into the existing parking lot between Head Start and the
Library if parking is available. However, if you park in the drive aisle, you will
receive a parking citation.
Parents are not permitted to park or stop their vehicles along EI Camino Real.
Violations of these requirements may result in your expulsion from the Head Start
program. Please help us maintain a safe environment for the neighborhood and
our children by complying with these requirements.
Thank you,
Head Start Management
EXHIBIT A
CITY OF SAN JUAN CAPISTRANO
Subject:
NONPROFIT PUBLIC BENEFIT
CORPORATIONS
COUNCIL POLICY
Effective
Page Date
Policy
Number
1 of 1 2/5/02 014
This policy is hereby' created as a means to ensure that non-profit public benefit
corporations that enter into, and maintain, any agreements or relationships, with the City of
San Juan Capistrano, where the City provides a direct subsidy, or leases property at no
rent or minimal rent levels to the non:profit organization, are not organized for the private
gain of any person. The subject organization must be a non-profit organization with
headquarters or a branch office located within the City of San Juan Capistrano.
The subject organization must:
Be organized under the Nonprofit Public Benefit, Corporation Law for charitable
purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code.
2. Not carry on any other activities not permitted to be carried on by a corporation
exempt from federal income tax under Section 501(c)(3) of the Internal Revenue
Code.
3. Not dedicate any part of its net income or assets to the benefit of any director,
officer or member of said corporation or to the benefit of any private person.
4. Submit a semi-annual report describing how the agreed upon services or programs
were rendered during the performance reporting period. The report must include:
1. Number of citizens receiving benefits;
2. The city of residence of citizens receiving benefits;
3. Proof of the organization's continued nonprofit status;
4. Disclosure of all activities the organization has conducted on City property, or
with City funds;
5. An account of organization's performance as established in agreement with
the City. Such performance measurement standards shall be negotiated at
the time agreement is entered into, and reflected in said agreement. The
agreement shall also identify to whom the report is to be addressed and
establish the dates when it is due to the City.
6. Information on the total revenue received by the organization during the
reporting period and disclosure of the sources of that revenue.
Failure to submit to the City the required performance reports shall make the organization
ineligible for a continued financial relationship, agreement, etc. with the City of San Juan
Capistrano.
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EXHIBIT B
RESOLUTION N0.02-06-18-0 6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CONFIRMING THE ISSUANCE OF CATEGORICAL
EXEMPTION AND APPROVAL OF RELOCATION PLANS FORTHE HEAD
START EDUCATION CENTER TO THE FUTURE CIVIC CENTER
LOCATED ON. THE WEST'SIDE OF EI CAMINO REAL BETWEEN THE
SAN JUAN CAPISTRANO LIBRARY AND THE CAPISTRANO UNIFIED
SCHOOL DISTRICT ADULT EDUCATION SCHOOL FOR AN INTERIM
FIVE-YEAR PERIOD
WHEREAS, the City has prepared plans for the construction of a Ground
Water Recovery Plant to be located at the current site of the Head Start Education facility
located at the City Hall complex at 32400 Paseo Adelanto; and,
WHEREAS, the City has identified a city -owned site forthe Interim relocation
of the Head Start education facility located at the future CivicCenter.site on the west side
of EI Camino Real between the San Juan Capistrano Library and the Capistrano Unified
School District Adult Education School for a period not to exceed five -years; and,
— WHEREAS, the proposed project has been processed pursuant to Section
9-2.301, Development Review of the Land Use Code; and,
WHEREAS, the Environmental Administrator has reviewed the project
pursuant to Section 15061 of the California Environmental Quality Act (CEQA), issued a
Class 32 categorical exemption, and caused a Notice of Exemption to be posted pursuant
to Section 15062 of the CEQA Guidelines; and,
WHEREAS, the Planning Commission has considered the Environmental .
Administrator's determination, pursuant to Section 15074 of the California Environmental
Quality Act (CEQA), has considered all project environmental documentation and technical
studies: and;
r
WHEREAS, the Planning Commission conducted a duly -noticed public
meeting on May 28, 2002 pursuant to the provisions of Administrative Policy 409, and
Planning Department Policy 510 to consider public testimony on the proposed project and
has considered all relevant public comment and forwarded a recommendation of approval,
subject to the conditions listed in this resolution; and, '
WHEREAS, the City Council conducted a duly -noticed public meeting on
June 18, 2002 pursuant to the provisions of Administrative Policy.409, and Planning
Department Policy 510 to consider public testimony on the proposed project and has
06-1 B-02 -1-
EXHIBIT C
considered all relevant public comments and recommendations from the Planning
Commission. "
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Juan Capistrano does hereby make the following findings:
1. The proposed project is consistent with the policies and objectives•of the San Juan
Capistrano General Plan, specifically, the property fog which Head Start is to be
relocated is designated as Public Institutional which allows educational uses; and,
2. The proposed project complies with all applicable provisions,of the Land Use Code
subject to the conditions of approval contained in this resolution; and,
3. City Council Policy encourages the use of modular/temporary buildings for interim
use by community service and/or non-profitgroups that provide services that benefit
the community; and,
3. The proposed project is a community benefit in that it provides early childhood
educational opportunities for low income households of the City.
NOW, THEREFORE, BE IT FURTHERRESOLVED, thatthe City Council ofthe City
of San Juan Capistrano hereby approve a categorical exemption and approval of the
project subject to the following conditions of approval:
A landscape plan for the graded slope adjacent to el Camino Real shall be
submitted and approved by the Design Review Committee. The approved
landscaping shall be installed prior to issuance of occupancy permits.
2. The exterior finish of the modular building shall be a light beige with a light
brown trim. Finish colors to be approved by the Planning Director.
3. A sign identifying thefacility may be approved by the Planning Director upon
a finding of consistency with the design and materials of the building
mounted sign at the present facility.
4. Exterior lights at building entrances shall have a solid shield installed such
that the light source shall not be visible from the residential neighborhood
located east of EI Camino Real. The Planning Director shall field inspect the
lights to insure compliance with this condition. Said installation to be
approved by the Planning Director prior to issuance of occupancy permits.
5. No roof mounted equipment shall be permitted.
6. Trim molding shall be added for all door and window openings.
06-10-02 -2-
_ 7. A formal entry porch with trellis or roof element shall be added to the modular
building (on-site) to define the primary entrance to the facility.
8. The roof
-finish color should be a light beige color,
9. This action'shall be valid and run concurrent for the period of the executed
lease between Head Start and the City of San Juan Capistrano.
PASSED, APPROVED AND ADOPTED this 18th day of June 2002,.
Atte (2, 6t "'
Mar ret R. Monahan, City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE
CITY OF SAN JUAN CAPISTRANO )
I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do
hereby certify that the foregoing Resolution No. 02-06-1806 was duly adopted by the City
Council of the City of San Juan Capistrano at a regular meeting thereof, held the 18th day of
June 2002, by the following vote:
AYES: COUNCIL MEMBERS: Hart, Campbell, Swerdlin, Gelff and Mayor
Bathgate
NOES: COUNCIL MEMBERS: None
_ ABSENT:COUNCjI MEMBERS: None
IM " a'-
MET R. MONAHAN, City Clerk -