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 City of Hermosa Beach --- 07-14-98LEASE RENEWAL AGREEMENT BETWEEN THE CITY OF HERMOSA BEACH AND THE LOS ANGELES COUNTY SUPERINTENDENT OF SCHOOLS FOR ROOM 16 IN THE COMMUNITY CENTER
Recommendation
The Parks, Recreation and Community Resources Advisory Commission and staff recommend that Council approve the attached lease agreement between the City and The Los Angeles County Superintendent of Schools for Room 16 in the Community Center.
Background
A letter of request was received from the LA County Office of Education to lease Room 16 in the Community Center. They have requested a three-year lease with option to renew every three years.
This program is part of the alternative education division of Los Angeles County Schools. It provides a daytime independent study program for students to age 18 years, which includes teen parents.
Analysis
The lease space for Room 16 is 920 square feet. The current lease rate (beginning July 1, 1998) is $.98 per square foot, making the monthly lease payment $901.60. The lease rate for FY 1999-2000 will be $.1.03 per square foot, making the monthly lease payment $947.60. Finally, the lease rate for FY 2000-2001 will be determined by City Council. The attached lease conforms to the present square footage rental policy with all other conditions of the former lease remaining the same. The Los Angeles County Superintendent of Schools has proven to be a dependable and cooperative tenant and has made all lease payments as requested.
Fiscal Impact: $10,819.20 to the General Fund (First Year of Lease)
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HERMOSA BEACH COMMUNITY CENTER LEASE AGREEMENT
This Leasing Agreement is made and entered into on this, the 14th day of July, 1998, by and between the City of Hermosa Beach, a Municipal Corporation (City) and Los Angeles County Superintendent of Schools, (Lessee).
A. Recitals: 1. The City is the owner of a recreational/civic service facility generally referred to as the Hermosa Beach Community Center (referred to herein as the "facility").
2. The facility is subject to certain agreements and deed restrictions entered into on the 28th day of February 1978, between the City and the Hermosa Beach City School District and is further subject to certain provisions imposed by the Department of Housing and Urban Development as set forth in a document entitled Agreement for Sale and Purchase of Real Property and dated the 28th day of February 1978. These documents are on file in the office of the City Clerk of the City and are public documents and by reference are incorporated into this leasing agreement and are referred to herein as the HUD and SCHOOL DISTRICT AGREEMENTS.
3. The Lessee desires to use a portion of the facility on the terms and conditions set out herein.
NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. Term. The term of this lease shall be for a period of Three (3) years commencing on the 1st day of August, 1998, and ending on the 31st day of July , 2001.
. 2. Description of Premises. The Lessee is leasing from the City that portion of the facility described as:
Room 16 - 920 sq. ft. in the Community Center Exhibit A
3. Rent. Lessee agrees to pay to the City rent according to the following schedule:
August 1, 1998 through June 30, 1999: $901.60 per month @ $.98 sq. ft.. July 1, 1999 through June 30, 2000: $947.60 per month @ $1.03 sq. ft.. The lease rate for the third year will be determined (at that time) by City Council.
Payable on the first day of the month. If this lease commences on a day other than the first day of the month, then the Lessee shall pay upon the commencement of the lease the rental on a pro rata basis for the remainder of that month and commence a full rental payment on the first day of the following month.
3A. Other Conditions. The following additional conditions are agreed to by the Lessee:
1. Lessee shall not mark, drill or deface any walls, ceilings, floors, wood or iron work without Lessor's written consent.
2. No signs or awning shall be erected or maintained upon or attached to the outside of the premises/building or placed in any windows.
3. All window treatments must receive prior approval of the Lessor.
4. All remodel work shall receive prior approval of the Lessor.
4. Use. The Lessee agrees to use the premises only for the following purpose or purposes: Pregnant minor program/Alternative Education.
and for no other purpose without the express written consent of the City. Lessee also agrees the premises shall not be used in violation of the Department of Housing and Urban Development (HUD) or School District Agreements as those agreements are interpreted by either the City or the Hermosa Beach City School District or the Department of Housing and Urban Development . 5. Insurance Liability. Lessee shall obtain and maintain at all times during the term of this agreement Comprehensive General and Automobile Liability insurance protecting Lessee in amounts not less than $1,000,000 for personal injury to any one person, $1,000,000 for injuries arising out of any one occurrence, and $1,000,000 for property damage or a combined single limit of $1,000,000. Such insurance shall name City of Hermosa Beach and their officers, employees, elected officials and members of Boards or Commissions as additional insured parties. Coverage shall be in accordance with the sample certificates and endorsements attached hereto and must include the coverage and provisions indicated.
Lessee shall file and maintain the required certificate(s) of insurance with the other party to this agreement at all times during the term of this agreement. The certificate(s) is to be filed prior to the commencement of the work or event and should state clearly:
(1) The additional insured requested; (2) Thirty day prior notice of change or cancellation to the City of Hermosa Beach; (3) Insurance is primary to that of the Additional Insured; (4) Coverage included; (5) Cross-liability clause.
Worker's Compensation Insurance. Lessee shall obtain and maintain at all times during the term of this agreement Worker's Compensation and Employers Liability insurance and furnish the City (or Agency) with a certificate showing proof of such coverage. Such insurance shall not be canceled or materially changed without a thirty (30) day prior written notice to: City Manager, City of Hermosa Beach.
Insurance Companies. Insurance companies must be rated (B:XIII) or better in Best's Insurance Rating Guide. See Exhibit B.
6. Condition of the Premises Upon Termination of the Lease. Lessee agrees to keep and maintain the premises in good condition and repair and to return to the City the premises upon termination of this lease in the same condition as when Lessee took possession of the premises excepting any repairs or alterations which were approved by the City, reasonable wear and tear excepted, and does promise to pay the City upon demand the reasonable sums to repair the premises in the event of a violation of this provision.
7. Construction. Lessee is prohibited from making any alterations performing any construction whatsoever on the premises without the expressed written approval of the City. Any such approval shall include provisions to protect the City from potential liens of labor and material persons.
8. Destruction, Partial Destruction or Necessity to Repair because of Conditions Caused by Other than Lessee. The City has no duty or obligation to reconstruct the premises in the event of destruction or partial destruction of the premises. The City at its option may reconstruct or repair the premises, whereupon this lease shall remain in full force and effect except that no rent will be owing to the City during said period of reconstruction of repair if such reconstruction or repair interferes with the tenancy created herein to the extent that the premises cannot be used for the purposes intended. In the event the City at its sole discretion determines not to reconstruct or repair the premises then either party at its option may cause this lease to be terminated and neither party shall have any liability each to each other.
9. Hold Harmless. Lessee shall hold harmless and indemnify the City, its officers, agents and employees from every claim or demand which may be made by reason of any injury and/or death to persons and/or injury to property caused by any direct or indirect act or any omission of the Lessee, its officers, agents and employees arising out of the Lessee's use of said premises. The Lessee, at its own cost, expense and risk shall defend any and all action, suits or other proceedings that may be brought or instituted against the City on any such claim or demand, and pay or satisfy any judgment that may be rendered against the Lessor on any such action, suit, or legal proceedings as a result hereof. 10. Rules, Regulations and Ordinances. The Lessee agrees to comply strictly with all applicable laws and any uniform Community Center rules and regulations adopted by the City Council.
11. Taxes and Charges. Lessee agrees to pay when due any and all taxes, assessments or charges levied by any governmental agency on or to the lease-hold premises.
12. Default. Should Lessee fail to pay any monies due pursuant to this lease within three days after written notice from the City or to perform any other obligation required pursuant to the terms of this lease within thirty days after notice from the City, City may immediately cause this lease to be terminated and thereafter take any action and pursue all remedies available under the laws then existent in the State of California.
13. Notice. Any notice required to be made or given pursuant to the provisions of this lease may be either personally served upon the party or deposited in the United States mail, postage prepaid.
Lessor: CITY OF HERMOSA BEACH CITY HALL 1315 VALLEY DRIVE HERMOSA BEACH, CA. 90254
Lessee: Los Angeles County Superintendent of Schools 9300 Imperial Highway Downey, California 90242-2890
Any notices so given pursuant to the provisions of this paragraph will be deemed served twenty-four hours after the deposit thereof in the United States mail.
14. Attorneys Fees. The parties agree that in the event any action is instituted concerning any of the provisions of this lease agreement, the prevailing party may in the discretion of the court be granted as an additional item of damages its attorneys fees.
15. Assignment and Subletting. Lessee may not sublease all or any portion of the premises without the written consent of the City, which consent may be granted or denied at the exclusive and total discretion of the City.
16. Successors. Subject to prior provisions, this lease is binding upon the heirs, assigns and successors of interest of the parties.
17. Termination. Notwithstanding any other provision of this lease both parties reserve the right to terminate the lease at any time and without cause upon giving 90 days written notice to other party.
In Witness Whereof, the parties have executed this Hermosa Beach Community Center Lease Agreement at Hermosa Beach on the day first herein above set forth.
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