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.
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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.
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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.
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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
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/ 61
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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)
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San Juan Capistrano: Preserving the Past to Enhance the Future
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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
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°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\
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A Social Development Program for Preschool Children and Families
An Equal Opportunity Employer
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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
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1440 EAST FIRST STREET, STE320
SANTA ANA, CA 92701
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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
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32502 PASEO ADELANTO, SAN JUAN CAPISTRANO,
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DAY NOTICE SHOULD THE POLICY CANCEL FOR NON-PAYMENT
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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
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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