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
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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