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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 -1- /1v 1 /1v Lew eacQ �f zr LEASE AGREEMENT 4— 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: 3 1 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.) 9 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 E 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. �. e By: 12i�re4-o✓', Fi,ianCP 6 ni'l FOR', Lucia Palacios, Executive Director 2 Fj 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. 0 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 -