HomeMy WebLinkAbout1992-06-23 - AGENDA REPORTS - HEAD START (2)AGENDA REPORT
CONSENT CALENDAR
DATE: IJune 23, 1992
SUBJECT: Head Start
DEPARTMENT: Parks and Recreation
BACKGROUND
City Manager
Item to be presented Vyi
John Danielson
a
At the May.12, 1992, City Council meeting, staff was directed to pursue a lease
agreement with the William S. Hart Union High School District for placement of a
Head Start modular building on their Walnut Street site.
Staff has been working with LACA and the school district during the past month
to negotiate exact square footage, improvement costs, and terms of the lease.
Attached are two documents, 1) a draft memorandum of understanding between Head
Start and the City of Santa Clarita, and 2) a draft joint lease agreement
between the William S. Hart Union High School District, Head Start, and the City
of Santa Clarita.
The draft memorandum covers the shared and sole responsibilities of the City and
Head Start for improvement costs such as parking lot repairs, sewer connections,
repair of vandalism to existing building, and permit fees., The draft lease
agreement covers: .insurance coverage; responsibility of lease payments; length
of lease, with a first right of refusal clause for Head Start; and utility
payments. Attached is a breakdown of the estimated expenditures for the
improvement of the District's Walnut Street site and the two year lease
agreement.
The draft lease agreement will be presented to the William S. Hart Union High
School District Board on Wednesday, June 24, 1992, for their review and approval.
Staff recommends Council approve in concept this draft document and authorize
the City Manager to make minor modifications and to execute the agreement. .
ATTACHMENTS
1) Draft Memorandum of Understanding
2) Draft Joint Lease Agreement
3) Estimated Expenditures
JD/CB:skh
PRCOUNC.127 APPROVED
Agenda Item.
ESTIMATED EXPENDITURES FOR IMPROVERMT.TO WALNUT STREET SITE
City Head Start
1. Sewers:
$3,750'
1,100
900
7,500
40.000
$53,250
a. Connect School District
$3,750 ,
building to County sewer
system (separate line)
b. Dig.out old septic system,
1,100
fill hole, patch parking lot
2.
Parking Lot:
Seal, coat asphalt, patch and
900
restripe parking spaces
3.
Repair vandal damages to
existing structures
4.
Reimbursement to Boys & Girls
20,000
Club for Newhall Park fire
hydrant
5.
Lease payments to district at
9,600.
$400 per month for two years
6.
Head Starts start-up costs
TOTAL ESTIMATED EXPENDITURES
$35,350
$3,750'
1,100
900
7,500
40.000
$53,250
fu
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LEASE AGREEMENT
This Lease Agreement made as of this day of
, 1992, by and between the WILLIAM S. HART UNION
H SCHOOL DISTRICT ("Lessor"), and PROJECT HEADSTART, a public
nay organized and existing under the laws of the United States
THE CITY OF SANTA CLARITA, CALIFORNIA (collectively, the
SSW,) .
1. Description of Property.
Lessor hereby leases to Lessee, on the terms
nafter set forth, certain property containing approximately
acres (hereinafter, !'property"), as described more
in Exhibit "A", attached hereto and made a part hereof.
2. Term.
Subject to the provisions of Paragraph 12, the term of
Lease shall be for a period of two (2) years, beginning with
date first above written, and may be renewed for additional
is by mutual agreement of the parties.
3. Rent
The rent shall be Four Hundred ($400.00) Dollars per
payable each month on the first-day of each month_
4. Use.
The Property shall be used for educational purposes in
nction with the "Headstart" program.
5. Maintenance.
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Lessee shall keep the Property neat and clean in
and comply with all applicable laws and regulations
the use of the Property, and all applicable sections
Santa Clarita Municipal Code.
6. Structures.
No structures or other improvements, except the
building described in Exhibit _8_ shall be placed on the
without Lessons written consent first had and obtained.
Lease and the rights of the Lessee are subject to certain
7.
ari Ang.
obl'gati
thereof.
8.
Off
by
2M0.1
easements for public utilities affecting the Property.
Mechanics Liens.
Lessee shall keep the Property free from any liens
out of any work performed, material furnished, or
ons incurred by Lessee, or any tenant or subtenant
Non -Liability of owner for Damages.
Lessee assumes all risk of loss to itself, which in any
may arise out of the use of the Property under this Lease.
, Lessee shall indemnity Lessor, or its directors,
and employees, against any liability and expenses,
the reasonable expense of legal representation, whether
1 counsel, or by Lessor's staff attorneys, resulting
injury to or death of any person, or damage to any property,
property of Lessor, or damage to any other interest of
, including, but not limited to, suit alleging non -
with any statute .or regulation which in any manner may
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out of the issuance of this Lease, or use by Lessee of
9. Liability Insurance.
Lessee has furnished insurance in accordance with the
ficate of Insurance attached hereto as Exhibit Such
cc shall remain in effect throughout the term of this
and any renewals thereof. Failure to maintain a
cate of Insurance on file with Lessor, evidencing such
cc. shall be cause for termination.
10. Entry by Owner.
Lessee shall permit Lessor to enter the Property at any
nable time for the inspection of said property, or at any
in connection with any work which may be required thereon.
11. Taxes.
Lessee shall promptly pay, when due, all possessory
rest taxes, if any, which may be levied in connection with
use of the Property by the Lessee.
12. Termination.
This Lease may be terminated at any time by Lessor or
cc, upon ninety (90) days prior written notice. violation of
term contained herein shall be cause for termination of this
e, unless corrected within -ten (10) days of Lessor's request
to Ido so.
13. Removal of Imorovements.
All structures or other improvements placed on the
with the consent of Lessor shall be the personal
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,erty of Lessee and shall be removed by Lessee from the
srty by the.last day of the Lease; provided, further, Lessor
keep, or dispose of; at Lesseefs expense, any property not so
14. Assignment or Subletting.
Lessee shall not assign this Lease, nor sublet Property
Without the written consent of Lessor first had and obtained, and
a cansent to one assignment shall not be deemed to be a consent
to ny subsequent assignment. Any assignment or subletting
wi4out such consent shall be void, and shall, at the option of
be
of
=03.1
Lessor,•terminate this Lease.
r
15. AttorneVIS Fees.
The prevailing party -in any action brought by -either
y hereto based on any claim arising under this Lease shall be
tled to reasonable attorneys fees.
15. Waiver. _
The waiver by Lessor of any breach of any term,
nant, or condition herein contained, shall not be deemed to
waiver of such term, covenant or condition, or any
equent breach of the same, or any other term, covenant, or
ition herein contained. The subsequent acceptance of rent
under by Lessor shall not be deemed to be a waiver of any
eeding breached by Lessee of any term, covenant or condition
his Lease, other than the failure of the Lessee to pay.the
icular rental so accepted, regardless of Lessor's knowledge
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of such preceding breach at the time of the acceptance of such
17. Activities.
No selling or commercial activity will be conducted on
ie Property.
1a. Time.
Time is of the essence of this Lease.
AS TO FORM:
' Attorney
ffi303.t
WILLIAM S. HART UNION
HIGH SCHOOL DISTRICT
By,
PROJECT HEADSTART
CITY ON SANTA CLARITA
By
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EXHI I� T "A"
97587.1
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MEMORANDUM OF UNDERSTANDING
THIS AGREEMENT, made and entered into this day of
1992, in the State of California (the "Agreement") by and
THE CITY OF SANTA CLARITA, a municipal corporation of the
of .California (hereinafter, "City"), and PROJECT'HEADSTART,
a p�blic agency, organized and existing under the laws of the
Uni"d States of America, having its principal office at
(hereinafter, "Headstart").
WITNESSETH
WHEREAS, City desires to lease certain property of the Wm.
S. gart Union High School District for use by Headstart; and
WHEREAS, Headstart accepts responsibility for certain site
and agrees to share certain costs associated with
undertaking;
NOW, THEREFORE, In consideration of the mutual promises set
below in the body of the Agreement, City and Headstart
as follows:
1. Headstart shall pay one-half of the costs listed in
"A", attached hereto and made a part hereof, and
shall pay all of the costs listed in Exhibit "H",
hereto and made a part hereof. All ongoing operations
and maintenance of the site -listed in Exhibit "C", attached
and made a part hereof, shall be the sole responsibility
of Oeadstart.
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2. City shall be responsible for the lease payment to the
seh of District on a monthly basis of $400 per month for a period
of two (2) years. At the end of the two (21 year period,
shall have the ability to renegotiate for an additional
lease.
3. Headstart will indemnify and defend City from all
ity for any lose, damage, or injury to persons or property
from or related to the performance of this Agreement,
, without limitation, all consequential damages, whether
or Oot resulting from the negligence of City, its agents,
, or Officials.
4. Prior to taking possession of the school site, Headstart
furnish to the city a Certificate of insurance stating that
is a general comprehensive liability insurance presently in
t for Headstart with a combined single limit of not less
one million dollars ($1,000,000) per occurrence. The
of insurance will provide that the insurer will not
the insured's coverage without thirty (30) days prior
written notice to the City, and that the City, its elected and
officers, employees, agents, and servants are included
as 4dditional insureds, but only insofar as the operations under
agreement are concerned.
5. If any legal action, including an action for
ratory relief, is brought to enforce the provisions of this
the prevailing party shall be entitled to recover
attorney's fees from the other party. These fees,
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Whi h may be set by the court in the same action or in a separate
act on and brought for that purpose, are in addition to any other
rel of to which the prevailing party may be entitled.
6. This Agreement supersedes any and all other agreements,
either oral or in writing, between Headstart and City, with
respect to the subject of this Agreement. This Agreement
contains all of the covenants and agreements between the parties
witli respect to the William S. Hart Union High School District,
and both parties to this Agreement.acknowledge that no
representations, inducements, promises, or agreements have been
made by or on behalf of any party, except those covenants and
agreements embodied in this Agreement. No agreement, statement,
orpromise not contained in this Agreement shall be valid or
.As. a..y.
7. The validity of this Agreement and of any of its terms
or provisions, as well as the rights and duties'of the parties
under this Agreement shall be construed pursuant to and in
accordance with the laws of the State of California.
0. Neither party has the right to assign this Agreement,
or any portion of this Agreement.
9. If any term of this Agreement is held by a court of
com etent jurisdiction to be void or unenforceable, the remainder
of ihe Agreement term shall remain in full force and effect and
shall not be affected.
IN WITNESS WHEREOF, City and Headstart have executed the
Agreement the day and year first above written.
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AS TO FORM:
FTI -IN
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PROSECT HEADSTART
CITY OF SANTA CLARITA
By
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EXHIBIT "A^
1. 1 Sewers
A. Connect school district building to county
sewer system. (separate line from Read
Start) $ 7,500
B. Dig out old setic system, fill hole anti
patch asphalt parking lot. 2,200
2. Parking Lot
Seal coat asphalt, patch and restripe
parking spaces 1,800
4. This assumes.no permit, sewer and other fees
because the site is owned by a public school
district. -0-
TOTAL POTENTIAL SHARED COSTS $11,500
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.EXHIBIT "n,
HEADST,&RT COSTS
A. I Cuda Lo Install a Portable Building on Property:
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1.
Plans and Permits
$5,000
2.
Engineering - Soils and geological
hazards
48000
3.
New sewer line to main sewer
8,500
4.
New electric and water service
3,000
5.
Prepare site
11000
6.
Fnecing approximately 300 feet, gates
3,500
7.
Fix front walk - public access
550
a.
certified Inspector
Boo
9.
Permit fees for sewer, locating portable,
etc., are assumed to be no cost because
the site is public school owned
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10.
Fire Alarm
6,000
11.
General Contractor
3,500
12.
Contingency
4,000_
Total Projected Costs - excludes potential
shared costa
$39,550
*Assumption - no costs
B.
Other Costs:
1.
Repair vandal damage to existing brick
building interior
$ 7,500.Q
TOTAL HEADSTART COSTS
$47,a50,
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EXHIBIT_ °C"
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STATE OF CALIFORNIA
� bs.
COV TY ON j
On , 19_, before me, the undersigned,
a Notary Public in and far said State, personally appeared
personally known to me (or proved 56 me on the basis of sat sfac-
tor evidence) to be the person who executed the within instru-
men ais the agent of the Corporation that executed the within
ins rument, and acknowledged to me that such corporation executed
the within instrument pursuant.to its by-laws or a resolution of
its board of directors.
WITNESS my hand and official seal.
Notary Public in and for said
State
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06/17/92 13:11 'x'213 236 2700 Big&S LA IM 016
STAKE OF CALIFORNIA
� ss.
CO TY OF )
On , 19, before me, the undersigned,
a N
Ay
Pu lic in and far said st—ate, personally appeared
per onally known to me (or proved to me on the basis of sfac-
to evidence) to be the person who executed the within instru-
men as the agent of the Corporation that executed the within
in ant, and acknowledged to me that such Corporation executed
the within instrument pursuant to its by-laws or a resolution of
its board of directors.
WITNESS my hand and official.seal.
Notary Public in and for said
State
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