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1989-0421_CAPISTRANO UNIFIED SCHOOL DISTRICT_Lease AgreementMEMORANDUM TO: Note to File FROM: Dawn M. Schanderl, Deputy City Clerk DATE: July 7, 1993 SUBJECT: CAPISTRANO UNIFIED SCHOOL DISTRICT For additional information regrading purchase see the following files: 670.20 CRA Acquistion 1989 CAPISTRANO UNIFIED PARCEL MAP 80-853 SCHOOL DISTRICT 600.40 CRA CAPISTRANO UNIFIED SCHOOL DISTRICT LEASE AGREEMENT, PM 80-843 LEASE AGREEMENT THIS LEASE, between the CAPISTRANO UNIFIED SCHOOL DISTRICT, hereinafter referred to as "DISTRICT," and the SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY, hereinafter referred to as "AGENCY," is entered into this 27th day of April 1989. 1. AGENCY leases to DISTRICT that certain real property, hereinafter referred to as "premises," identified as Parcel B in Section 2.2(d) of the Amended and Restated Agreement for Cooperation between the Capistrano Unified School District and the San Juan Capistrano Community Redevelopment Agency and the City of San Juan Capistrano, hereinafter referred to as "AGREEMENT," as stipulated in Section 5.2(a) of AGREEMENT. A copy of the Agreement is attached hereto marked Exhibit A, and incorporated herein as if set forth in full. The premises identified as Parcel B are shown on the attached map marked Exhibit B. 2. The term of this Lease shall not exceed twelve years beginning April 27 , 1989, and ending April 27, 2001; subject, however, to termination when (1) the adult education/continuation school, and other functions can be relocated to a permanent site as provided by the AGREEMENT in Section 5.2(a) or (2) title to the premises transfers back to DISTRICT from AGENCY pursuant to Sections 5.8 or 5.9 of the AGREEMENT. 3. DISTRICT agrees to pay AGENCY the sum of One Dollar annually for rental of the leased premises. 4. The DISTRICT shall not assign or sublet all or any part of the premises without the prior written consent of the Agency, which consent the Agency may grant, withhold or deny at its sole and absolute discretion. District shall not make any alteration or additions to the premises without permission of the Agency which permission shall not be unreasonably withheld. 5. The DISTRICT shall have sole discretion in determining use of the premises in conjunction with its educational program but said use shall be compatible with AGENCY use of Parcel A as described in Exhibit "D" of the AGREEMENT. 6. AGENCY shall maintain the exterior of all permanent structures and grounds of the leased premises. Maintenance or repair by the AGENCY refers to any item that is exterior including but not limited to roof repair, painting, windows, or large system breakage such as water mains. DISTRICT shall pay AGENCY for all repairs necessitated by DISTRICT OR DISTRICT'S invitees misuse of the leased premises. DISTRICT shall pay for all utilities. DISTRICT shall, during the term of the lease, keep the interior of its portion of the premises and every part thereof in good order, condition and repair. If DISTRICT fails to perform its obligations under this section, AGENCY may, at its option after ten (10) days written notice to DISTRICT, enter upon the premises and put the same in good order, condition and repair, and the cost thereof shall become due and payable as additional rental by DISTRICT to AGENCY upon demand. If AGENCY fails to perform its obligations under this section, DISTRICT may, at its option after ten (10) days written notice to AGENCY perform necessary repairs or maintenance, and the cost thereof shall become due and payable to DISTRICT from AGENCY upon demand. On the last day of the term hereof, or on any sooner termination, DISTRICT shall surrender the premises to AGENCY in the same condition as when received, broom clean, ordinary wear and tear excepted. DISTRICT shall, at its own cost and expense, provide all janitorial supplies and services to the leased premises, which shall include, but not be limited to the replacement of restroom supplies, light bulbs, and fluorescent tubes. 7. DISTRICT agrees, at its own expense, to maintain in force during the term of this Lease full comprehensive public liability insurance, insuring against all claims for injuries to persons or property occurring in, upon, or about the leased premises. Said policy shall have limits of not less than One Million Dollars ($1,000,000) per occurrence for property damage as well as One Million Dollars ($1,000,000) for liability coverage. DISTRICT shall supply AGENCY with a Certificate of Insurance of such policy, and it agrees to provide an endorsement to such comprehensive liability policy or policies showing AGENCY as an additional insured with respect to claims arising out of DISTRICT'S occupancy and use of the premises. The DISTRICT shall carry the necessary policy or policies covering the hazards of fire, vandalism, malicious mischief, and "extended coverage" in an amount of at least ninety percent (90%) of replacement costs. DISTRICT shall supply AGENCY with a Certificate of Insurance of such policy, and DISTRICT agrees to provide an endorsement to such policy or policies showing 11/3/88 8224k/2299/32 -2- AGENCY as an additional insured with respect to claims arising out of DISTRICT'S occupancy and use of the premises. District agrees to defend, indemnify and hold the Agency harmless with respect to any liability not insured or in excess of insurance. 8. All notices pursuant to this Lease shall be addressed as set forth below, or as either party may hereafter designate by written notice, and may be sent through the United States mail to: DISTRICT: Assistant Superintendent Facilities & Services Capistrano Unified School District 32972 Calle Perfecto San Juan Capistrano, California 92675 AGENCY: San Juan Capistrano Community Redevelopment Agency 32400 Paseo Adelanto San Juan Capistrano, California 92675 9. If either party hereto shall be delayed or prevented from the performance of any act required hereunder by reason of acts of God, restrictive governmental laws or regulations, or other cause without cause and beyond the control of the party obligated (financial inability excepted), performance of such acts shall be excused for the period of the delay; and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay. However, nothing in this clause shall excuse either party from the prompt payment of any rental or other charges required except as may be expressly provided elsewhere in this Lease. 10. This Lease sets forth the entire agreement between AGENCY and DISTRICT, and any modifications must be in the form of a written amendment. 11. If any term, covenant, condition, or provision of this Lease is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. 12. The failure of either party to insist upon strict performance of any of the terms, conditions, covenants or provisions in this Lease shall not be deemed a waiver of any right or remedy for a subsequent breach or default of the terms, conditions, covenants or provisions herein contained. 13. In the event partial destruction of or damage to leased premises, or the leased premises being declared unsafe or unfit for occupancy by a public authority authorized to make 11/3/88 8224k/2299/32 -3- such declaration, for any reason other than DISTRICT'S act, use of occupation, except as otherwise provided, DISTRICT shall, as soon as practicable, make such repairs as are necessary to restore the leased premises to the condition which existed prior to destruction or damage and/or make such repairs as are necessary to make the leased premises safe and fit for occupancy; provided, however, the Agency shall have no obligation pursuant to this Section 13 to incur expenses in excess of insurance proceeds received as a result of such partial destruction or damage, or declaration by a public authority that the premises are unsafe or unfit. 14. AGENCY shall have the right at all reasonable times to inspect the leased premises to determine if the provisions of this Lease are being complied with. 15. DISTRICT has inspected the premises which are the subject of this Lease, and agrees that, as of the date of execution of this Lease, they are acceptable. 16. If any party to this Lease commences litigation against any other party for the purpose of determining and enforcing its rights hereunder or for money damages for a breach hereof or for other equitable relief related thereto, the prevailing party shall be entitled to receive from the losing party, attorney's fees in the amount determined by the court, together with costs reasonably incurred in prosecuting and defending such action. IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the date first written above. Dated April 27, 1989 Q f• CapSecretary, Board of Ed ation istrano Unified School District DatedApril 27, 19891 27, 1989 Executive/Director San Juan Capis rano Community Redevelopment Agency 11/3/88 8224k/2299/32 -4- CALIFORNIA INSTITUTIONAL INSURANCE AGENCY, INC. P.O. BOX 882288 3838 CAMINO DEL RIO NORTH, SUITE 222 SAN DIEGO, CALIFORNIA 92108 INSURED CAPISTRANO UNIFIED SCHOOL DISTRICF 32972 CALLS PERFECTO SAN JUAN CAPISTRANO, CA 92675 07/28/89 JG THIS CERTIFICATE IS ISSUED AS A FIATTER OF INFORMATION ONLY AND CONFERS JO RIGHTS UPONHE CERTIFICATE HOLDER. THIS C.:RTIFICATI- DOES NOT AMEND, RXTEND OR ALTEI THE COVERAG.. AFFORDED BY "'HE POLIC ES BELOW. COI,IPANIES A =FORDING COVERAGE REVISED CC I TERM A CALIFORNIA INSURANCE COMPANY ■ CC APANY LE TER B CO WANY LE TER C CO APANV p LET TER CO IPANY E LET TER FRANC THIS IS TO CERTIFY THAT POLICIES OF'NSURANCE LISTED BELOW HAVE TEEN ISSUEDTO To- E INSURED NAMED ABOVE FOR THE I NOTWITHSTANDING ANY REOUIREMEN", TERM OR CONDITION OF ANY C INTRACT OR OTHE'.I DOCUMENT WITH RESPECT TO WHI BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIC ES DESCRIBED HEPIEIN IS SUBJECT TO ALL THE TERMS, TIONS OF SUCH POLICIES. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFU THE DATE (MMCI4YY) POLICY IRPIRAnON PATE fAMNOMI LIABILITY LIMITS IN THOUSANDS EACH OCCURRENCE AGGREGATE BOOILY GENERAL LIABILITY X COMPREHENSIVE FORM OB 894-3063 07/01/88 07/01/91 IN uaY $ $ PROPERTY. DAMAGE $ $ PREMISES/OPERATIONS EXPLOSIONU8000LLAPSE HAZARD PRODUCTS/COMPLETED OPERATIONS CONTRACTUAL BI 6 PO COMBINED $ 1, 000* $ NIL INDEPENDENT CONTRACTORS BROAD FORM PROPERTY DAMAGE PERSONAL INJURY PERSONAL INJURY $ *SUBJECT TO $100,000. S.I.R. AUTOMOBILE LIABILITY BODLY ANY AUTO ALL OWNED AUTOS (PRIV. PASS) ALL OWNED AUTOS (OTHER THAN) PRIV. PASS HIRED AUTOS IMORY (RR RASONI $ {, L° ` BOOLE (PEER �mENO $ PROPERTY NON OWNED AUTOS GARAGE LIABILITY DAMAGE $ v" BI 6 PIP COMBINED $ .pt, EXCESS LIABILITY UMBRELLA FORM BI A PD COMBINED $ $ OTHER THAN UMBRELLA FORM WORKERS' COMPENSATION STATUTORY :$ (EACH ACCIDEMPLOYERS' AND LIABILITY (DISEASE-POL: JEMPLOYEE) $ (DISEASE{AC i OTHER UESCRIPI ION UP UPEHATIONS/LOCAT'll°HICLES/SPECIAL ITEMS RE: USE OF PREMISES FOR CONTINUATION SCHOOL SAN JUAN CAPISTRANO COMMUNITY REDEVELOPM 32400 PASEO ADELANPO SAN JUAN CAPISTRANO, SUB AMR: LEVINSON BROS., INC. 101 CALIFORNIA STREET, #2700 SAN FRANCISCO, CA 94111-5830 SP IOULD ANY OF THIE'. ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE E%- PJRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO AGENCY LI'', LFT, UT FAILURE TO MAIL SUCH AYS WRITTEN NOTICE NOTK� SHALL IMPIQFISLATE f NO OSLIGE," OR LIABILITY OII' ANY KIND UPON THE COMPANY. ITS AGENTS �i REPRESENTATIVE& CA 92675 GIndustrial Indemnity ENDORSEMENT a Gem are Pomn d9anunen ADDITIONAL INSURED - LESSOR (CALIFa0 A SCHOOL PACKAGE POLICY) in consideration of an additional premium it is agreed that coverage A of Section II of the policy shall apply subject to the following provisions and limits of liability: 1. The unqualified word "Insured" also includes as an Additional Insured, the person or organization designated below, but only with respect to the ownership, maintenance or use of that part of the premises leased to the named insured which is designated opposite the name of such person or organization, and operations necessary or incidental thereto. 2. The insurance with respect to such Additional Insured does not apply: (a) after the named insured ceases to be a tenant in said premises; (b) to structural alterations, new construction and demolition operations performed by or for said person or organizations; (c) to liability assumed by said person or organization under any contract or agreement; (d) to Property Damage to: (1) Property owned or occupied by or rented to the Additional Insured. (2) Property used by the Additional Insured, or (3) Property in the care, custody or control of the Additional Insured or any employee thereof, or as to which the Additional Insured or any employee thereof is for any purposes exercising physical control. SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY 32400 PASEO ADELANI'O SAN JUAN CAPISTRANO, CA 92675 LIMITS OF LIABILITY 111 111 - y* • EIS4IQE1►' IM OF PIi@IISES (Part occupied by Named Insured) USE OF PREMISES It is further agreed that the limit of such liability stated above as applicable to "each occurrence" is the limit of the calQany's liability for all damages sustained as a result of any one occurrence. All injury or damage arising out of the continuation or repetition of substantially the same condition or the same proximate cause shall be considered as arising out of one occurrence. All other terms and conditions of this Policy remain unchanged. (The Irtiernafien below Is required to be cnepleted only when this endetseererM is Issued subseq~ to the pelky ellecfltre dam.) Effective 04/27/89 . this endorsement forms part of Policy Number OB 894-3063 of Issued to Endorsement no. SA -27 R-1 .m Qr I.1171 CALIFORNIA INSURANCE COMPANY CAPISTRANO UNIFIED SCHOOL DISTRICP 33 07/28/89 JG:pk •Unlp M A, MUTM r CERTIFTCATE—HOLDER COPY EC _v BIROS. CA_.FORNIA FR=,heISC0, = 9) 444-3200 INSURED STREET, #2700 CA 94111-5830 'SUE DATE (MM/DD/VV) 07/17/89_ NO filC{YiS1BR0E1 THE CERTIIF CATEMATTER OF INFORMATION ONLY AND CONFERS HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANY a r.: St'ano Unified School District LETTER C 2= '2 alie Pere fcto COMPANY - ca- Juan Capistrano, CA 92675 1 LETTER C COMPANY LE TER E AFFORDING COVERAGE THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD 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 CONDI. TIONS OF SUCH POLICIES, CO POLIO E°=EC'NE POLICY ERPIRAT.ON TF co TYPE OF INSURANCE POLICY NUMBER pAL .'n*d-pave DA Yv) ALL LIMITS IN THOUSANDS A GENERAL LIABILITY GENERAL AGGREGATE $ COMMERCIAL GENERAL LIABILITY PRODUCTS COMP OPS AGGREGATE $ CLAIMS MADE E] OCCURRENCE OBS943063 07/01/89 07/01/90 PERSONAL 8 ADVERTISING INJURY $ OWNERS & CONTRACTORS PROTECTIVE EACH OCCURRENCE $ 1 000 FIRE DAMAGE ,ANY ONE FIRE, $ MEDICAL EXPENSE 'ANY ONE PERSON)) $ _ *SUBJECT TO $100,000 S. I . AUTOMOBILE LIABILITY ANY AUTO NSL $ ALL OWNED AUTOS BODILY SCHEDULED AUTOS NJDav ,PER PERSON) $ 0DLv INJURY HIRED AUTOS NON OWNED AUTOS ADCRiDeNT) $ GARAGE LIARILITV PROPERTY DAMAGE $ EXCESS LIABILITY EACH nceRecnTE OCCURRENCE $ $ OTHER THAN UMBRELLA FORM WORKERS'COMPENSATION — STATuroRv _�— $ (EACH ACCIDENT) AND $ DISEASEPOLICYLIMIT EMPLOYERS' LIABILITY $ DISEASEEACHEMPLOYEE) OTHER---- DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES I RESTRICTIONS I SPECIAL ITEMS At -n: Dawn Scander l, City Clerk. Re. Use of premises for continuation school. San Juan Capistrano :Eire. niI Redevelopment 32400 Paseo Adelanto Sar Juan Capistrano CA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO Agency MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE ' LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR 92675 LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES, AUTHORIZED REPRESENT] n • July 6, 1989 PACIFIC ESCROW 31551 Camino Capistrano, Suite C San Juan Capistrano, CA 92675 Escrow No. 3013 -DH (714) 661-1551 San Juan Capistrano Community Redevelopment Agency 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Bill Cunningham In connection with our above referenced escrow, we enclose herewith the following: (XX7 Original Lease Ageement dated April 27, 1989 between Capistrano Unified School ( ) District and San Juan Capistrano Community Redevelopment Agency. Thank you very much. oerytr:�ur,Wwell'6 Donna M. Hel PE22