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98-0818_ORANGE COUNTY HEAD START_Lease AgreementLEASE AGREEMENT This Lease Agreement (the "Agreement") is made and entered into this fig* day of August, 1998, 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, Lessee's Head Start Pre -School Program provides a very beneficial community service offeiing 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 32502. Paseo Adelanto, San Juan Capistrano, California (the "Premises"). 2. Term. The term of this Agreement shall be for a period of two (2) years, commencing upon the effective date of this Agreement. 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 spaces depicted on Exhibit "A," attached hereto and incorporated herein. 5.' Utilities. Lessee will be responsible for the payment of all utility costs incurred during their occupancy of the Premises. c:\wpwin60\wpdoeslagree\headstrt.agr -1- 08/05/98 6. 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. 7. Maintenance of Premises. Lessee agrees to assume full responsibility and costs for the maintenance of the Premises 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. 8. 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 named insured. An insurance certificate acceptable to the City Attorney shall be filed with Lessor prior to the effective date of this Agreement. The policy shall not terminate, nor shall it be canceled nor the coverage reduced until after thirty (30) days' written notice is given to the Lessor. Upon execution of this Agreement, Lessee shall provide to Lessor a certificate of insurance establishing that the required insurance coverages have been secured by Lessee. Lessee shall provide an endorsement to Lessor establishing that Lessor has been legally added as an additional insured to the insurance policies required under this Agreement. 9. Indemnily. 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. 10. Use of Premises. a. As a material consideration for the granting of this lease, Lessee shall permit Lessor 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. Lessee shall have the right to use the fenced playground area, owned and provided by Lessor. City shall retain the right to use this fenced playground area; however, this usage shall not interfere with the Head Start Program. c:\wpwin601wpdocs\agreetheadstrt.agr -2- 08/05/98 ti. C. The Premises will be available for public use after the Head Start Pre - School Program's regularly scheduled school hours. d. Lessee shall provide such improvements to the Premises as is deemed necessary by Lessor. e. Lessee shall not construct any new improvements to the Premises without prior written consent of Lessor. 11. 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 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.) 12. No Assignments. Lessee may not assign its rights under this Agreement to any third party. 13. Attomey'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. attorney's fees and costs of suit. 14. 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: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Administrative Services To Lessee: Orange County Head Start, Inc. Attn: Ana V. Jacquette 1440 E. First Street, Suite 320, Santa Ana, CA 92701 15. 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. c:\wpwin60\wpdoes\agree\headstrt.agr -3- 08/05/98 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. ATTEST: By: Cheryl John t, CoClerk APPROVED AS TO FORM: By: Q\ John R. Shaw, 4 Attorney ORANGE COUNTY HEAD START. INC. By: Ana V. Jacq e , A60ing Exec. Director c:\wpwin60\wpdoc-s\agree\headstrt.agr -4- 08/05/98 / 61 LANDSCAP WATER DISTRICT PLANTER PLANTER 10 IF 1 2375 S F. W. D. I� 1000 &F CITY ISOO S.F. CITY HEAD START rl•Tal,: n PLAY YARD L1SA13L CITY OF SAN OtPARTMENT Of PUBLIC W� CITY z 0 APF W 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 (FAX) August 20, 1998 Orange County Head Start, Inc. 1440 East First Street, Suite 320 Santa Ana, California 92701 Re: Renewal of Lease Agreement Gentlemen: MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL JOHN GREINER WYATT HART GILJONES DAVID M. SW ERDLIN CITY MANAGER GEORGE SCARBOROUGH At their meeting of August 18, 1998, the City Council of the City of San Juan Capistrano approved the Lease Agreement with Orange County Head Start, Inc., to conduct a Head Start Pre -School Program at 32502 Paseo Adelanto. The Agreement will be effective for the two-year period ending August 18, 2000, at an annual lease amount of $1.00. The City still needs an original copy of your required insurance certificate and the required liability endorsement form. Please forward those documents to the City Clerk's office as soon as possible. A fully -signed copy of the Agreement is enclosed for your files. If you need any additional information, please feel free to contact Diane Regier at 443-6304. Very truly yours, Cheryl Johnson, CMC City Clerk Enclosure cc: Administrative Services Director (with enclosure) Diane Regier (with enclosure) DRUG USE Is AB San Juan Capistrano: Preserving the Past to Enhance the Future L AGENDA ITEM August 18, 1998 TO: George Scarborough, City Manager FROM: Cynthia L. Pendleton, Director of Administrative Services SUBJECT: Renewal of Lease Agreement (Orange County Head Start, Inc.) RECOMMENDATION: By motion, approve the renewal lease agreement with Orange County Head Start, Inc. and authorize the Mayor to execute the agreement on behalf of the City. SITUATION: The current Lease Agreement with Orange County Head Start, Inc. expired on August 15, 1998. The Head Start program has been a valuable service to the community for over eighteen years, by offering educational opportunities for hundreds of disadvantaged pre-school children. Under lease agreement, the City has provided Head Start with a facility for their use, located between the Dance Hall and Public Works Water Services buildings. Ana V. Jacquette, Executive Director of Orange County Head Start, Inc., is requesting an extension of their agreement. As Head Start has complied with all provisions of the last lease, staff recommends that a two (2) year lease agreement be approved. A copy of the proposed agreement is attached. COMMISSIONBOARD REVIEW, RECOMMENDATION: Not Applicable FINANCIAL CONSIDERATIONS: The lease agreement provides for an annual rent of $1.00. The agreement also requires liability insurance coverage in the amount of $1,000,000.00. NOTIFICATION: Orange County Head Start, Inc. 1440 East First Street, Suite 320 Santa Ana, CA. 92701 FOR CITY COUNCIL AGEM'(aij .} � 1 AGENDA ITEM -2- August 18, 1998 ALTERNATE ACTIONS: 1. Approve the renewal of the lease agreement with Orange County Head Start, Inc. and authorize the Mayor to execute the agreement on behalf of the City. 2. Do not approve the renewal. 3. Request additional information from staff. RECOMMENDATION: By motion, approve the renewal of the lease agreement with Orange County Head Start, Inc., and authorize the Mayor to execute the agreement on behalf of the City. Respectfully submitted, C thia L. Pendleton CLP:dcr Prepared by, Diane C. Re ier g °WQRwAh 1.60btR r r SW foJrt4 Board of Directors Carol R. Stone Chairperson Janda Alkhdairi Dr. Sylvia Alatorre Alva Adrian Areuano Brooks -Anne Crumley Katrina Anne Foley Gina Garcia Daniel L. Thomas Susan S. Reese Joann Rodgers Neil Yoneji Executive Director ORANGE COUNTY HEAD START 1440 EAST FIRST STREET, SUITE 320 SANTA ANA, CALIFORNIA 92701 714-972-8920 January 28, 2000 City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Dear Superintendent: Enclosed, for your records, you will find a copy of an updated Certificate of Insurance with our new carrier, "Comprehensive Insurance Services." We have experienced another change within our Agency; a new Executive Director, Neil Yoneji, and a new Facilities and Materials Department, with Heidi Bass as Manager. The Facilities and Materials Department will be handling all facility issues, billing, and contracts. I have been assigned to work with all Leases. Please make sure, in your current Lease Agreements, that you have included your space in-kind donation, or have sent a letter with the necessary information. With our growing Agency, I am confident that you will find our changes positive. Should you have any questions or concerns, please contact me at 714-972-8920, ext. 293. Thank you. Sincerely, Ll:: �%+iley Facilities and Materials Coordinator Encls. ,�-/l /ov X U\ a YYW-- A Social Development Program for Preschool Children and Families An Equal Opportunity Employer m � cy s�o — 2-mn M —r Zi .� M vo�� GJ rn AW z A Ln rn K2 0 0 C= Enclosed, for your records, you will find a copy of an updated Certificate of Insurance with our new carrier, "Comprehensive Insurance Services." We have experienced another change within our Agency; a new Executive Director, Neil Yoneji, and a new Facilities and Materials Department, with Heidi Bass as Manager. The Facilities and Materials Department will be handling all facility issues, billing, and contracts. I have been assigned to work with all Leases. Please make sure, in your current Lease Agreements, that you have included your space in-kind donation, or have sent a letter with the necessary information. With our growing Agency, I am confident that you will find our changes positive. Should you have any questions or concerns, please contact me at 714-972-8920, ext. 293. Thank you. Sincerely, Ll:: �%+iley Facilities and Materials Coordinator Encls. ,�-/l /ov X U\ a YYW-- A Social Development Program for Preschool Children and Families An Equal Opportunity Employer PRODUCER (949)859-8111 rI OMPREHENSIVE INSURANCE SERVICES P.O. BOX 3613 4GUNA HILLS, CA 92654-3613 NSURED ORANGE COUNTY ,HEAD START, INC. 1440 EAST FIRST STREET, STE320 SANTA ANA, CA 92701 RS IN <.�.x�£blaE3'n�zim ' 08/23/1999 222 ONLY AND C06,�-S NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERLGE j COMPANY NONPROFITS INSURANCE ALLIAN9 Ext: A n � COMPANY =-� a..H m COMPANY N N < Cn &nv DD —o COMPANY 2 3 D THIS IS TO CERTIFY THAI I Ht l4JLIL.1e0 yr 1111, ...c �w «, oc..... ,..• •---. •---- INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EFFECTIVE POLICY T TYPE OF INSURANCE POUCY NUMBER DATE(MMIDONYI DATE(MMIDDOOIYYIN LIMITS LTR. .............................................................: GENERAL AGGREGATE... f_2 UVUt VUV GENERAL LIABILITY '.............. I............. ......:........... PRODUCTS. COMPIOP AGG $ 2 , DUD , 000 X GENERAL LIABILITY GARAGE LIABILITY ` -.OTHER THAN AUTO ,COMMERCIAL - PERSONAL S ADV INJURY f 1,000, DDO CLAIMS MADE X OCCUR A :o:xo>r_...... ....... 99-7670—NPO 08/25/1999 08/25/2000............................................................................. :EACH OCCURRENCE S 1,000,000 OWNERS 8 CONTRACTOR'S PROT � EACH OCCURRENCE f 2.,.0001000 '. FIRE DAMAGE (Any ane Rel ' S 100,000 ....... ............ .........................................i ....................................................................................... !MED EXP Wry wN Ptlaml S 5 DDD' AUTOMOBILE LIABILITY :, COMBINED SINGLE UMrr S ........ ANY AUTO WORKERS COMPENSATION AND TORY LIMBS ALL OWNED AUTOS': BODILY INJURY - S .......: INCL : THE PROPRIETOR/ :....._ ...................... EL DISEASE -POLICY UMR S SCHEDULED AUTOS PARTNERSiEXECUTIVE EL DISEASE • EA EMPLOYEE S HIRED AUTOS BODILY INJURY S ........ k (Per a dwt) MON-OWNED AUTOS OTHER .............................................................: AUTO ONLY - EA ACCIDENT S GARAGE LIABILITY ` -.OTHER THAN AUTO ANY AUTO EACH ACCIDENT S t' ................. ........................................................._. .............................._................. ..................... AGGREGATE' f � EACH OCCURRENCE f 2.,.0001000 ExCES9 LIABILITY X UMBRELLA FORM 99-7670 UMB ............................................................. 08/25/1999 08/25/2000 `.AGGREGATE $ A s - OTHER THAN UMBRELLA FORM ER'.:,. WORKERS COMPENSATION AND TORY LIMBS EMPLOYERS' LIABILITY EL EACH ACCIDENT S .......: INCL : THE PROPRIETOR/ :....._ ...................... EL DISEASE -POLICY UMR S PARTNERSiEXECUTIVE EL DISEASE • EA EMPLOYEE S OFFICERS ARE: I EXCL: OTHER OF 0PERA110NSILLESiSPEC1AL ITEM9 CA, SEE ATTACHED ADDITIONAL INSURED ENDT. #CG2011 (11/85 32502 PASEO ADELANTO, SAN JUAN CAPISTRANO, rFSIPTION DAY NOTICE SHOULD THE POLICY CANCEL FOR NON-PAYMENT :. .,..:. ,,:. .. ..^.... � :a.,"���k'.ad'?fi�tt9,8??<zn&"A�"s�3�'.�•'�4s ..,',T �v...sy .. .. .. ems. . fMtOIAD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE 00MRATION DATE THEREOF, THE ISSUING COMPANY WALL ENDEAVOR TO MAIL • i O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FMLURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR UABILTLY CITY OF SAN JUAN CAPISTRANO NTHE COMPANY, is AGENTS OR REPRESENTAT. MANY KIND UPON NES 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 AUrNOWED aEPRFSENTA IRICHARO L EYNON CORPORATION: IS( 0 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - MANAGERS OR LESSORS OF PREMISES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE 1. Designation of Premises (Part Leased to You): 32502 PASEO ADELANTO, SAN JUAN CAPISTRANO, CA 2. Name of Person or Organization (Additional Insured): CITY OF SAN JUAN CAPISTRANO 3. Additional Premium: INCLUDED (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and shown in the Schedule and subject to the following additional exclusions: This insurance does not apply to: 1. Any "occurrence" which takes place after you cease to be a tenant in that premises. 2. Structural alterations, new construction or demolition operations performed by or -on behalf of the person or organization shown in Schedule. NAMED INSURED. POLICY NUMBER: EXPIRATION DATE: 0 Orange County Head Start, Inc. 99 -7670 -NPO 08/25/2000 CG 20 11 11 85 Copyright, Insurance Services Office, Inc., 1984