HomeMy WebLinkAboutAGMT - Sun 'n Fun LEASE AGREEMENT
THIS LEASE EXTENSION is entered into this . day o , 2000,
by and between the CITY OF SEAL BEACH ("City") and SUN `N F ("rna "), I
1, Article 111, Section 3.1 of the Lease Extension dated October 12, 1998 by and
between the above parties is hereby amended to read:
Section 3.1. Term. Subject to the terms, covenants, agreements and conditions
herein contained, Tenant shall have and hold the Premises for a term commencing on the
first day of Lily, 2000 and ending on the 3e day of.Tune, 2002
2. Except as amended above, the Lease Agreement shall remain in full force and
effect as to all terms, conditions, and provisions as set forth in the original Lease
Agreement dated July 6, 1987 and-the Lease Extension dated Oclober 12, 1998.
CITY OF SEAL BEACH
C
F
Mayor
AT-TEST:
_ 1 �
C,Ity Clerk
C-
S UN `N FUN
Presiden
I
LEASE EXTENSION
THIS LEASE EXTENSION is entered into this
day o' � ,, ' 1998,by and between the
CITY OF SEAL BEACH("City") and SUN ' FUN("Tenant").
1. Article III, Section 3.1 of the Lease Agreement dated July 6, 1987 by and between the above
parties is hereby amended to read:
Section 3.1. Term. Subject to the terms, covenants, agreements and conditions herein contained,
Tenant shall have and hold the Premises for a terra commencing on the first day of July, 1998 and ending on the
3 0th day of June, 2000.
2. Section 4.1 of Article IV concerning minimum monthly rent is hereby amended by renumbering
4.1 as 4.1(a) and adding thereto a new subsection 4.1(b)to read as follows:
(b) Periodic Adjustment. The minimum monthly rent described in section 4.1 (a) shall be adjusted
September 1, 1996 and every year thereafter ("the Adjustment Date") as follows:
The base for computing the adjustment is the Consumer Price Index for All Urban Consumers for the Los
Angeles-Anaheim-Riverside metropolitan Area published by the United States Department of Labor, Bureau of
Labor Statistics ("Index"), which is published for May 1996 (`Beginning Index'), If the Index published.for the
second calendar month preceding the Adjustment Date ("Extension Index") has increased over the Beginning
Index, the minimum monthly rent for the period until the next Adjustment Date shall be set by multiplying the
minimum monthly rent states in section 4.1(a) by a fraction, the numerator of which is the Extension Index and
the denominator of which is the Beginning Index. In no case shall the minimum monthly rent be less that the
minimum monthly rent stated in section 4.1 (a).
If the Index is changed so that the base year differs from that used for the Beginning Index, the Index
shall be converted in accordance with the conversion factor published by the United States Department of
Labor, Bureau of Labor Statistics. If the Index is discontinued or revised during the term, such other
government index or computation with which it is replaced shall be used in order to obtain substantially the same
result as would be obtained in the Index had not been discontinued or revised.
3. Except as amended above, the Lease Agreement shall remain in full force and effect as to all
terms, conditions, and provisions as set forth in the original Lease Agreement dated July 6, 1987.
CITY OF SEAL BEACH
MAYOR -PRO TEM- '
ATTEST:
CITY CLERK '
SUN `N FUN
` RESIDENT
5
LEASE EXTENSION
THIS LEASE EXTENSION is entered into this day 00r Y
1996 b and between the
CITY OF SEAL BEACH ("City") and SUN ` FUN("Tenant").
1. Article III, Section 3.1 of the Lease Agreement dated July 6, 1987 by and between the above
parties is hereby amended to read:
Section 3.1. Term. Subject to the terms, covenants, agreements and conditions herein contained,
Tenant shall have and hold the Premises for a term commencing on the first day of July, 1996 and ending on the
30th day of pane, 1998.
2. Section 4.1 of Article IV concerning minimum monthly rent is hereby amended by renumbering
4.1 as 4.1(a) and adding thereto a new subsection 4.1(b) to read as follows:
(b) Periodic Adjustment. The minimum monthly rent described in section 4.1 (a) shall be adjusted
September 1, 1996 and every year then earter("the Adjustment Date") as follows:
The base for computing the adjustment is the Consumer Price Index for All Urban Consumers for the Los
Angeles-Anaheim-Riverside metropolitan Area published by the United States Department of Labor, Bureau of j
Labor Statistics ("Index"), which is published for May 1996 (`Beginning Index"). If the Index published for the
second calendar month preceding the Adjustment Date ("Extension Index") has increased over the Beginning
Index, the minimum monthly rent for the period until the next Adjustment Date shall be set by multiplying the
minimum monthly rent states in section 4.1(a) by a fraction, the numerator of which is the Extension Index and
4he denominator of which is the Beginning Index. In no case shall the minimum monthly rent be less that the
minimum monthly rent stated in section 4.1 (a).
If the Index is changed so that the base year differs from that used for the Beginning Index, the Index
shall be converted in accordance with the conversion factor published by the United States Department of
Labor, Bureau of Labor Statistics. If the Index is discontinued or revised during the term, such other
government index or computation with which it is replaced shall be used in order to obtain substantially the same
result as would be obtained in the Index had not been discontinued or revised.
3. Except as amended above, the Lease Agreement shall remain in full force and effect as to all
terms, conditions, and provisions as set forth in the original Lease Agreement dated July 6, 1987.
CITY OF SEAL BEACH
f
MAYOR
ATTEST:
/ 4/7
,CITY CLERK
SUN `N FUN
PRESTFNT
o -
LEASE EXTENSION
THIS EXTENSION is entered into this o b day of
1995 , by and between the CITY OF SEAL BEACH
( "City" ) a SUN IN FUN CO-OP ( "Tenant" ) .
Article III, Section 3 . 1 of the Lease Agreement dated July G ,
198.7 by and between the above parties is hereby amended to
read.
Section 3 . 1 . Term. Subject to the terms, covenants ,
agreements and conditions herein contained, Tenant shall have
and hold the Premises for a term commencing on the 1st day of
July, 1995 and ending on the 30th of June, 1996 _
Except as amended above, said Lease Agreement shall remain in full
force and effect as to all terms, conditions , and provisions as set
forth in the original Lease Agreement dated July 6 , 1987 .
TTY OF SEAL ACH
but
Y R
A�EST:
C TY CLERK
SUN IN FUN CO-OP
0 Ai
PRE ENT
n nb VoLk r
�'. �J ems. �Y►u 5 ,�r+1.P
rQ � v.?
S9 G, - to .30
f
LEASE EXTENSION
THIS LEAST JEXTENSION is entered into this / �` day of
1994; by and between the CITY OF SEAL BEACH
( "City") a# ST-N IN FUN CO-OP ( "Tenant") .
Lr-
Arti le III, Section 3 . 1 of the Lease Agreement dated July 6,
1987 by and between the above parties is hereby amended to
read:
Section 3 . 1. Term. Subject to the terms, covenants,
agreements and conditions herein contained, Tenant shall have
and hold the Premises for a term commencing on the 1st day of
July, 1994 and ending on the 30th of June, 1995 .
Except as amended above, said Lease Agreement shall remain in full
force and effect as to all terms, conditions, and provisions as set
forth in the original Lease Agreement dated July 6, 1987.
CITY OF SEAL BEACH
f� YOR
TTT:
Y CLERK
is
SUN iN FUN CO-OP !`
PRESIDENT .
LEASE EXTENSION
THIS L SE EXTENSION is entered into this day of
1991, by and between the CITY OF SEAL
BEACH ("City") and SUN'N FUN CO--OP ("Tenant") .
Article III, Section 3.1 of the Lease Agreement dated July 6,
1987 by and between the above parties is hereby amended to
read:
Section 3 . 1. Term. Subject to the terms, covenants,
agreements and conditions herein contained, Tenant shall have
and hold the Premises for a term commencing on the lst day of
July, 1991 and ending on the 30th of June, 1993.
Except as amended above, said Lease Agreement shall remain in full
force and effect as to all terms, conditions, and provisions as set
forth in the original Lease Agreement dated July 6, 1987 .
CITY OF SEAL BEACH
I
Mayor
ATTEST:
f`
it Clerk
i
SUN'N FUN CO-OP
LEASE
THIS LEASE is entered into this - day of Via! 19$7 by
and between the CITY OF SEAL BEACH (hereina�taled "City"),
and SUN N- FUN CO—OP (hereinafter called tit).
ARTICLE �.
i
ARTICLE I
I:
PREMISES
Section 1. 1 Leased Premises defined, City hereby leases to
Tenant the real property described in Exhibit A, attached hereto,
along with occasional use of area marked "A-1". Said occasional
use shall be in concert with usage by other tenants under the
master lease, and shall ,approximate 20 minutes per day and all
improvements and personal property now or hereafter located
thereon (hereinafter called the "Premises") for the term and upon
all of the conditions and agreements set forth herein.
Section 1.2 Condition of Premises. The Premises are accepted
"as is" in their present condition. City makes no representation
as to the condition of the Premises or their fitness for any
purpose.
ARTICLE TI
USE OF THE PREMISES
Section 2. 1 Permitted'Use. The Premises may be used for a day
care program to provide supervision and activities for children
of preschool and elementary age.
Section 2. 2 Enrollment priority. Upon the creation of a vacancy
in the day care center enrollment, new registrants shall be given
priority based on the following order: (1) Resident of
the 'City of Seal Beach whose parents have taken the required
parent education courses given by the Long Beach Council of
Parent Participation Nursery Schools, (2) Children of other
persons who are employed by the City of Seal Beach and have taken
the required parent education courses, (3) All others meeting the
basic eligibility requirements.
This clause shall only be used for new registrants. Individuals
registered at the time this agreement takes effect, shall not be
affected by the provisions of this section.
Section' 2.3 Compliance with Law and Regulations. Tenant shall
comply promptly, 'and at Tenant's expense, with all applicable
statues, ordinances, rules, regulations, orders and requirements
regulating the use of the Premises.
ry. a
ARTICLE' IIT
TERM
Section 3.1 Term. Subject to the terms, covenants, agreements
and conditions herein contained, Tenant shall have and hold the
Premises for a term commencing on the 1st day of January, 1987
and ending on the 30th day of June, 1991.
Section 3.2 Termination. The term of this Lease shall terminate
upon the occurrence of any of the following events:
(a) A default by Tenant (as defined in Section 10.1) and
Lessor's election to terminate this Lease under Section 10.2
hereof.
(b) The exercise by Tenant of its right to terminate this
Lease under Section 8.2 hereof if the Premises are destroyed or
substantially damaged.
ARTICLE IV
RENT
Section 4.1 Monthly pent. Tenant shall pay to City as monthly
rent ("Monthly Rent"), without deduction, set off, prior notice,
or demand, the sum of One Hundred Pour 'Dollars ($104.00), per
month in advance on the first day of each month commencing on the
date of the Term and continuing through the 30th day of June,
1987, and One Hundred Seventy-five Dollars ($175.00), per month
in advance on the first day of each month,. thereafter and
continuing during the Term. Payment shall be made to: Finance
Director, City of Seal Beach, 211 Eighth Street, Seal Beach, Ca
90740. It is agreed that upon payment by the Tenant of One
Hundred Four Dollars ($104.00) per month for the period of
January 1, 1987 through June 30, 1987 the City will consider all
obligations of the Tenant for that time period to have been met.
ARTICLE V
UTILITIES
Section 5. 1 Utilities. The City shall provide electricity,
water, and sewer utility services used in the Premises during the
Lease term (including hookup charges). The City shall not be
liable in damages or otherwise for any failure or interruption of
any utility services being furnished to the Premises and no such
failure or interruption shall. entitle Tenant, to an abatement of
rent or to terminate this Lease except that my abatement received
by City shall be passed to Tenant on pro-rata basis.
2
ARTICLE VI
i
MAINTENANCE, REPAIRS AND ALTERATIONS
Section 6. I City's Duties. City shall have no obligation of any
kind or nature whatsoever with respect to the maintenance,
repair, or restoration of the Premises or any improvements
located thereon.
Section 6.2 Tenant's Duties.
(a) Maintenance and Repairs. Subject to the provisions of
Article VIII pertaining to casualties, Tenant shall during the
term of this Lease at Tenant's sole expense keep in a safe,
clean, orderly, and sanitary condition, and in a state fit for
the intended use the Premises and every part thereof.
(b) Performance by City. If Tenant fails to perform its
obligations under this Section 6.2, City may at its option, after
thirty (30) days' written notice to Tenant (or without notice in
the event of an emergency), enter upon the Premises and put the
same in good order, condition and repair and the cost thereof
shall become due .and payable by Tenant to Landlord upon demand.
Any such entry shall not be deemed a forcible or unlawful entry
or detainer of the Premises or an eviction. City shall not be
liable for any inconvenience, disturbance, business interruption,
nuisance or other damage arising out of.any such entry.
Section 6.3 Tenant's Improvements. Tenant shall not make any
alterations to the Premises without the prior written consent of
City. Any alterations made shall remain on and be surrendered
with the Premises on expiration or termination of the term of
this Lease. If City so elects, Tenant at its cost shall restore
the Premises to the condition existing on the date of this Lease,
normal wear and tear excepted.
If Tenant is not then in default of any provisions of this Lease,
Tenant shall have the right to remove from the Premises
immediately before the expiration of the term of this Lease, or
with ten (I0) days after termination of the term, any alterations
Tenant has made to the Premises, as long as the removal will not
cause any structural damage to the Premises, and Tenant at its
cost promptly restores any damage caused by the removal..
3
ARTICLE VII
INSURANCE AND INDEMNITY
Section 7. 1 Property Insurance. Tenant shall at all times
during the term of this Lease, at its sole cost and expense,
maintain in effect policies of insurance covering all
improvements now or at any time during the term of this Lease
located within or upon the Premises with a reputable insurance
company or insurance pool for the full replacement cost of such
improvements providing protection against any peril included
within the classification "Fire and Extended Coverage", vandalism
and malicious mischief. Full replacement cost does not include
the costs of excavation, foundations, and subsurface footings.
Proceeds of such insurance shall be payable to City and Tenant as i<
their interests may appear.- Should Tenant be unable to secure
property insurance, City shall attempt to provide property
insurance. The cost of the property insurance policy shall be
added to the minimum monthly rent. If the policy is a blanket !
policy including both the Premises and other real property,
City's insurance agent shall determine in his reasonable judgment
the portion of the total premium allocable to the Premises.
Section 7.2 Liability Insurance. Tenant shall at all times
during the term of this Lease, at its sole cost and expense,
maintain in effect full comprehensive public liability insurance,
with a single combined liability limit of $1,000,000, and
property damage limits of not less than $200,000, insuring
against all liability of Tenant and its authorized
representatives arising out of or in connection with Tenant's use
of the Premises. All public liability insurance and property
damage insurance shall insure performance by Tenant of Tenant's
indemnity obligations under this Lease. Both parties and the
lessor under the Master Lease defined in Section 12.7 shall be
named as additional insured, and the policy shall contain cross-
liability endorsements.
Section 7.3 Evidence. Copies of policies of such insurance or
certificates evidencing such insurance shall be delivered to City
by Tenant on or before April 15, 1987. No such policy shall be
cancellable or the coverage reduced thereunder except after
thirty (30) days' written notice to City. All insurance required
to be maintained by Tenant shall be primary and non-contributing
to other insurance available to City.
Section 7.4 Non-Liability of City and Indemnity. The City shall
not be liable for any loss of or damage to any.improvements,
fixtures, equipment, or property of any kind on, or about the
Premises, or for injury or death to any person or persons from
any cause arising at any time; nor shall City be in any way
liable in case of any accident or injury to or death of Tenant's
4
servants, employees, agents, invitees or licensees, or to any
person or persons on or about the Premises. Tenant agrees to
defend and hold City free and harmless from any and every nature
on account of the death of or injury to any person or as a result
of loss of or damage to any goods, wares, merchandise or property
of any kind, arising out of, resulting from, or occasioned by the
use, maintenance, operation, or occupancy or control of the
Premises by Tenant or other persons claiming under Tenant or
using the Premises with Tenant's express or implied consent.
ARTICLE VIII
DESTRUCTION, REPAIRS AND RESTORATION
Section 8.1 Minor Damage. If at any time during the term of
this xs Lease the Premises are damaged through an act or omission of
Tenant, its invitees, or permittees, and such damage is not
substantial as that term is defined in Section 8.3, then Tenant
shall promptly repair such damage, at Tenant's expense to extent
such damage is uninsured, and this Lease shall continue in full
force and effect.
Section 8.2 Substantial Damage. If at any time during the term
hereof the Premises are destroyed or damaged and such damage is
"substantial" as that term is hereinafter defined, then Tenant,
at its option, may cancel and terminate this Lease as of the date
of the occurrence of such damage, by giving the City written
notice of its election to do so within thirty (30) days after the
date of occurrence of such damage. In the event of such
termination, Tenant shall pay to City prorated. rent for the month
computed from the first day of such month to the date of
termination. If Tenant does not elect to terminate this Lease,
Tenant shall promptly repair such damage, at Tenant's expense to
the extent such damage is uninsured, and this Lease shall I`.!
continue in full force and effect. No lease termination. shall �
relieve Tenant of liability for uninsured damages to the premises
arising from Tenant's wilful misconduct or negligence or that of
its agents or employees.
Section 8.3 Definitions. For the purposes of this Article VIII,
damage to the Premises shall be deemed to be substantial if the
Tenant cannot meet the minimum State facilities requirements to
maintain a license to operate and maintain a day care facility.
Section 8.4 Non--Responsibility of City. City shall have no
obligation whatsoever to repair or restore the Premises. The
City shall not be liable in damages or otherwise for any failure
by Tenant or City to repair or replace the destroyed or damaged
Premises.
Section 8.5 Option to Repair. Should premises be damaged
through no fault of Tenant and damage is uninsured, Tenant may at
5
Tenant's expense, and with prior written notice, repair said
damage and offset costs of repair against rent due °through
remainder of term.
ARTICLE IX
ASSIGNMENT AND SUBLETTING
Section 9. 1 Assignment and Subletting. Tenant shall not
voluntarily or by operation of law assign or encumber its
interest in this Lease or in the Premises, or sublease all or any
part of the Premises, or allow any other person, or entity to
occupy or use all or any part of the Premises without City's
prior written consent. Any purported assignment, encumbrance or
sublease without City's consent .shall be voidable and; at City's !;
election; shall constitute a default. No consent to any
assignment, encumbrance or sublease shall constitute a further
waiver of the provisions of this paragraph.
ARTICLE X
DEFAULTS AND REMEDIES
Section 10. 1 Default Defined. The occurrence of any one or more
of the following events shall constitute a default hereunder by
Tenant:
(a) The failure by Tenant to make any payment of rent or
other payment required to be made by Tenant hereunder, as
and when due, where such failure shall continue for a period
of three (3) days after written notice thereof from City to
Tenant.
(b) The failure by Tenant to observe or perform any of the
covenants or provisions of this Lease to be observed or
performed by Tenant, where such failure, if curable, shall
continue for a period of thirty (30) days after written
notice thereof from City to Tenant; provided, however, that
if the nature of Tenant's default is such that more than
thirty (30) days are reasonably required for its cure, then
Tenant shall not be deemed to be in default if Tenant shall
commence such cure within said thirty (30) day period and
thereafter diligently prosecutes such cure to completion.
.(c) (1) The making by Tenant of any general assignment for
the benefit of creditors;
(2) The filing by or against Tenant of a petition to
have Tenant adjudged bankrupt or a petition for
reorganization or arrangement under any law relating to
6
bankruptcy (unless, in the case of a petition filed against
Tenant, the same is dismissed within sixty (60) days);
(3) The appointment of a trustee or receiver to take
possession of substantially all of Tenant's assets located
at the Premises or of Tenant's interest in this Lease, where
possession is not restored to Tenant within sixty (60) days;
or
(4) The attachment, execution or other judicial
seizure of substantially all of Tenant's assets located at
the Premises or of Tenant's interest in this Lease, where
such seizure is not discharged within sixty (60) days.
Section 10.2 City's Remedies. The City shall have the following
remedies if Tenant commits a default:
(a) The City can continue this Lease in full force and
effect, and the Lease will continue in effect as long as the
City does not terminate Tenant's right to possession, and
the City shall have the right to collect rent when due; or
(b) The City can terminate Tenant's right to possession of
the Premises. No act by the City other than giving notice
to Tenant shall terminate this Lease. Acts of maintenance, �
efforts to relet the Premises, or the appointment of a
receiver on City's initiative to protect the City's interest
under this Lease shall not constitute a termination of
Tenant's right to possession.
Section 10.3 Dependent Covenants, The City shall be under no
obligation to observe or perform any covenant of this Lease on
its part to be observed or performed during the continuance of
any default by Tenant hereunder and such nonperformance by the
City shall not be deemed or construed to be an eviction or
ejection of Tenant.
Section 10.4 Remedies Cumulative. The City may exercise any
other remedy or right now or hereafter available to a landlord
against a defaulting tenant under the laws of the State of
California and not otherwise specifically reserved herein. The
various rights and remedies reserved ed to the City herein,
including those not specifically described herein, shall be
cumulative, and, except as otherwise provided by California
statutory law in force and effect at the time of the execution
hereof, the City may pursue any or all of such rights and
remedies, whether at the same time or otherwise.
Section 10,5 No Waiver, No delay or omission of the City to
exercise any right or remedy shall be construed as a waiver of
any such right or remedy or of any default by Tenant or of any
interest due hereunder. The acceptance by the City of rent or
7
i
additional rent hereunder shall not be a waiver of any preceding
breach or default by Tenant of any provision hereof, other than
the failure of 'Tenant to pay the particular rent or any
additional rent accepted, regardless of the City's knowledge of
such preceding breach or default at the time of acceptance of
such rent or any additional rent, or a waiver of the City's right
to exercise any remedy available to the City by virtue of such
breach or default. The acceptance of any payment from a debtor
in possession, a trustee or a receiver, or any other person
acting on behalf of Tenant or Tenant's estate shall not waive or
cure a default under Section 10.1(c) above.
Section 10,6 Default by the City. The City shall not be deemed
to be in default in the performance of any obligation required to
be performed by it hereunder unless and until it has failed to
perform such obligation within thirty (30) days after written
notice by Tenant to the City specifying wherein the City has
failed to perform such obligation; provided, however that if the
nature of the City's obligation is such that more than thirty
(30) day are required for its performance then the City shall not
be deemed to be in default if it shall commence such
performance
erformance
within such thirty (30) day period and thereafter diligently
prosecute the same me to completion.
Section 10.7 Expense of Litigation. If either party incurs any
expense, including reasonable attorneys' fees, in connection with
any action or proceeding instituted by either party by reason of
any default or alleged default of the other party hereunder, or
to construe this Lease, the party prevailing in such action or
proceeding shall be entitled to recover from the other party
reasonable expenses and attorneys' fees in the amount determined
by the Court, whether or not such action or proceeding goes to
final judgment. In the event of settlement or final judgment in
which neither party is awarded all of the relief prayed for, the
prevailing party as determined by the Court shall be entitled to
recover from the other party reasonable expenses and attorneys'
fees in the amount determined by the Court.
ARTICLE XI
REPRESENTATIONS, COVENANTS AND WARRANTIES
Section 11. 1 Representations, Covenants and Warranties of
Tenant. Tenant represents, covenants and warrants to the City as
follows:
(a) Tenant is a non—profit corporation duly organized and
validly existing under the laws of the State of California.
(b) Neither the execution and delivery of this Lease, nor
the fulfillment of or compliance with the terms and' conditions
8
hereof, nor the consummation of the transactions contemplated
hereby, conflict with or results in a breach of the terms,
conditions or provisions of any restriction or any agreement or
instrument to which Tenant is now a party or by which the Tenant
is bound, or constitutes a default under any of the foregoing.
ARTICLE XII
MISCELLANEOUS
Section 12.1 Notices. Any notice required or permitted to be
given hereunder—shall be in writing and may be served upon City
personally or by certified mail, return receipt requested,
addressed to City Manager, 211 Eighth Street, Seal Beach, Ca
90740 and upon Tenant personally or by certified mail, return
receipt t
p requested, addressed to Tenant at 357 12th Street, Seal
Beach, Ca 90740. Such notice shall be effective upon personal
delivery to addressee or if given by mail, shall be effective two
(2) days after deposit in the United States mail first class,
Postage prepaid and addressed as specified above. Either party
may by written notice to the other specify a different address
for notice purposes.
Section 12.2 Severability. Any provision of this Lease which
shall prove to be invalid, void or illegal shall in no way
affect, impair or invalidate any other provision hereof, and such
remaining provisions shall remain in full force and effect.
Section 12.3 Time of Essence. Time is of the essence with
respect to the performance of every provision of this Lease in
which time of performance is a factor.
Section 12.4 Headings. The article and paragraph captions
contained in this Lease are for convenience only and shall not be
considered in the construction or interpretation of any provision
hereof.
Section 12.5 Entire Agreement and Binding Effect, This Lease
contains all of the agreements of the parties hereto with respect
to any matter covered or mentioned in this Lease, or relating to
the negotiation and execution thereof and no other agreement,
representation, statement or understanding pertaining to any such
matter, or any provision contained in a preliminary draft of this
Lease, shall be effective for any purpose. All of the covenants,
conditions, and obligations herein contained shall be binding
upon and inure to the benefit of the respective successors and
permitted assigns of the parties hereto to the same extent as if
such successors and assigns were in each case named as a party to
this Lease. No provision of this Lease may be amended or added
to except by a agreement in writing signed by the parties hereto
or their respective successors in interest.
9
Section 12. 6 Possession and Enjoyment. During the tern of this
Lease, the City shall provide Tenant with quiet use and enjoyment
of the Premises, and Tenant shall during such term peaceable and
quietly have and hold' and enjoy the Premises, without suit,
trouble or hindrance from the City, except as expressly set forth
in this Lease. The City will, at the request of Tenant and at
Tenant's cost, join in any legal action in which Tenant asserts
its right to such possession and enjoyment to the extent the City
may lawfully do so.
Section 12.7 Master Lease. This Lease is subject to the
provisions of that Lease ("the Master Lease") dated January 1,
1987,, by and between The Los Alamitos Unified School District, as
landlord,. and City, an tenant, covering .certain real property of
which the Premises are a Part. Tenant shall not take any action
which causes a breach of the Master Lease.
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be duly executed in duplicate the .day and year
first above written.
"CITY"
CITY OF SEAL BEACH
By
Mayor
ATTEST:
Cluck .
'"TENANT"
SUN N' FUN CO—OP
By
10
a = SSL E DATE(MNI/CDNY)
6-7-88dc
PiCIJUCEtiR
y
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR,ALTER THE COVERAGE AFFORDED BY THE POL LIES BELOW.
HALL MOSIER INSURANCE
15728 Paramount Blvd. COMPANIE8-AFFORDING. C-OVEciAGE
Paramount, Ca. 90723
COMPANY
LE—TIER FIREMAN'S FUND INSURANCE CO.
COMPANY
INSURED LETTER
SUN 'N FUND CREATIVE PLAYGROUP
COMPANY
P.O. Box 364 I� rER
Seal Beach, Ca. 90740 COMPANY
LE i rER
i'.
COMPANY
LETTER l'
i;
THIS iS TO CE TIFY THAT POLICMS 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,A MD C;ONDI-
TIC7NS OF SUCH POLICIES.
ca TYPE OF INSURANCE POLICY NUMBER POLICY EP'i ECTiVE POLICY EXPIRATION ALL LIMITS#N THOUSANDS
DATE(MMMOII f) DATE(MMIDDIYY)
GENERAL LIABILITY GENERAL AGGREGATE $JUU,
X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/QPS AGGREGATE $500,
CLAIMS MADE I X I OCCURRENCE MZG80287826 4-1-88 4--1-89 PERSONAL S ADVERTISING INJURY $500,
OWNER'S&CONTRACTORS PROTECTIVE EACH OCCURRENCE $.500,
PIRE DAMAGE(ANY ONE FIRE) $ 50,
MEDICAL EXPENSE(ANY ONE PERSON
IE LUDED
AUTOMOBILE LIABILITY I �
ANY AUTO Csi
ALL OWNED AUTOS BWILY
INJURY
SCHEDULED AUTOS (PER PERSON)
HIRED AUTOS BODILY
(INJURY
NON-OWNED AUTOS ACCIDENT( ;
GARAGE LIABILITY PROPERTY
DAMAGE
.3.^'SS LIABILITY E EACH AGGREGATE
1
CE
� Li `f
c E
_ O GURRENG
OTHER THAN UMBRELLA FORM
STATUTORY 'MAW N",
WORKERS'C CMPEMSA7ION _ MAWN",
'AND $ (EACH ACCIDENT)
EMPLOYERS'LIABILITY � {DISEASE-POLICY LINIk7}
{DISEASE-EACH EMPLOYEE
OTHER
DESCRIPTION CF OPERATIC(•ISI LOCATIONSfVEHICLES IRESTRICTTONSISPEC;AL ITEMS
ADDITIONAL INSURED - Landlord: It is hereby understood & agreed that the
Certificate Holder is named as an- Add ' I Insured but only as respects the
remises occupied by the named insured at 1198 Pacific Coast Hwy, Seal .
each, CA.
SHCULG:ANY OF THE ABOVE DESCMUED[POLICIES BE CANCELLED BEFORE THE EX.
City of Seal Beach PIRATIC?N DATE THEREOF, 7HE ISSUING COMPANY WILL ENDEAVOR TO
211 8th Street MAIL 10 DAYS 'WRITTEN NOTICE itC THE C RTiFICATE HOLDER NAMED TO THE
Seal Beach, Ca. 90740 LEFT, BUT FAILURE TO MAIL SUCH )NOTICE SHALL. IMPOSE NO OBLIGATICH OR
Ll ASILiTY OF. _K;N0 UPON° 'E C M Ad ITS AGENTS CR REPRESEiNTA71VES.
AUTHORIZ
HALL MOSIER INSURANCE AFL;;CY
ole..:!=Io a:.P 3.�,
July 10, 2000
STAFF REPORT
TO: Mayor Campbell and Members of the City Council
THRU: Keith Till, City Manager
FROM: Pamela Arends-King, Director of Administrative Services/Treasurer
SUBJECT: SUN'N FUN LEASE EXTENSION
SUMMARY OF REQUEST:
Approve a lease extension beginning July 1, 2000 through June 30, 2002 for Sun `N Fun
Cp Op day care program.
BACKGROUND:
In 1996 City Council authorized the lease amendment and extension to Sun `N Fun Co
Op day care program. Lease increases are nominal and increased annually to the CPI
adjustment each September. This lease would extend the Sun `N Fun lease agreement an
additional two years,
FISCAL IMPACT:
The additional revenues received from the co op program are minimal.. The CPI
adjustment will provide the City additional rental income of$121.
RECOMMENDATION:
Approve a lease extension for Sun `N Fun under the lease Terms, Conditions and
} Provisions as set forth in the Lease Extension.
Pamela Arends-King
Director of Administrative Services/Treasurer
a
7
M
Keith Till
City Manager
Agenda Item
May 22, 1995
AGENDA REPORT
TO: Honorable Mayor and Council Members
j,
FROM: Jerry Bankston, City r is
SUBJECT: LEASE EXTENSION _ SUN 'N FUN CO-OP
I
SUMMARY OF REQUEST
Approve real property lease extension for the use of City owned
real property (Zoeter School Site) by Sun IN Fun Co-op.
DISCUSSION
The City entered into a lease with the Sun 'N Fun Co-op day school
in July, 1987 . The original lease was for a four year term ending
July, 1991. An extension was granted in 1991 ending June 30, 1993
and an extention was granted in 1993 ending June 30, 1994 .
The current extention ends June 30, 1995 and Sun 'N Fun has
requested an extention for a three year term. , Due to issues
involving the overall site it is recommended that, at this time,
the extension be for a one year term.
The City has had a very good relationship with Sun IN Fun Co-op and
they have never failed to meet their lease term obligations. It is
recommended that a one-year lease extension be approved for a term
beginning July 1, 1995 and ending 30th of June, 1996. Under the
terms of the lease property maintenance is the responsibility of
Sun 'N Fun Co-op with the City having no financial expense or
responsibility for the Co-op operations.
FISCAL IMPACT
The lease produces annual revenue to the City of $2, 100.
SUGGESTED ACTION
WITH ADOPTION OF THE CONSENT CALENDAR COUNCIL APPROVES LEASE
EXTENSION #4 WITH SUN 'N FUN CO-OP.
AMA
{ July 11, 1994
AGENDA REPORT
TO: Honorable Mayor and Council M ers
FROM: Jerry Bankston, City Marta
SUBJECT: LEASE EXTENSI® ® SUN 'N FUN CO-®P
SUMMARY OF REQUEST
Approve real property lease extension for the use of City owned
real property (Zoeter School Site) by Sun 'N Fun Co-op.
DISCUSS
ION
The City nter into nto a lease with the Sun 5 N Fun Co-op day school
Y s aol
P Y
in July, 1987 . The original lease was for a four year term ending
July, 1991. An extension was granted in 1991 ending June 30, 1993
and an extention was granted in 1993 ending June 30,. 1994 .
Sun 'N Fun has continued to operate and continues to meet all terms
and conditions of the lease.
The City has had a very good relationship with Sun 'N Fun Co-op and
they have never failed to meet their lease term obligations. It is
recommended that a one-year lease extension be approved for a term
beginning July 1, 1994 and ending 30th of June, 1995 . Under the
terms of the lease property maintenance is the responsibility of
Sun 'N Fun Co-op with the City having no financial expense or
responsibility for the Co-op operations.
FISCAL FACT
The lease produces annual revenue to the City of $2, 100.
SUGGESTED ACTION
WITH ADOPTION OF THE CONSENT CALENDAR COUNCIL APPROVES LEASE
EXTENSION #3 WITH SUN 'N FUN CO-OP.
91
torable Mayor and City Council
Archibold, Assistant City Manager
se Extension - Sun'N Fun Childcare Cooperative
Lons have leased portions of the Zoeter School parcel
.ldcare services - Under the Rainbow (for-profit) and
;®- i-profit cooperative) . The existing lease for Sun'N
d June 30, 1991.
xtend existing lease for childcare services for an
aar term ending June 30, 1993 . All other provisions
i agreement remain the same.
i
f city owned
)P.
.4anager
op day schoo]
x term ending
June 30, 1993 ED:
1994 -
neet all terms
Fun Co-op and
:TTY MANAGER
fations.
It is
ved for a term
9 5.. -Under the
ponsibility of
Lai expense or
2, 100 -
APPROVES LEASE
Agenda Item
r w
fi'
Y
5plc.
July 11, 1994
AGENDA REPORT
` TO: Honorable Mayor and Council Members
FRONT: Jerry Bankston,, City Mana
SUBJECT: LEASE EXTENSI® _ SUN 'N FUN C®-OP
SUMB4ARY OF REQUEST
Approve real property lease extension for the use of City owned
real property (Zoeter School Site) by Sun 'N Fun Co-op.
DISCUSSION
The City entered into a lease with the Sun 'N Fun Co-op day school
in July, 1987 . The original lease was for a four year term ending
July, 1991. An extension was granted in 1991 ending June 30, 1993
and an extention was granted in 1993 ending June 30,. 1994 .
Sun 'N Fun has continued to operate and continues to meet all terms '
and conditions of the lease.
is
The City has had a very good relationship with Sun 'N Fun Co-op and
they have never failed to meet their lease term obligations. It is
recommended that a one-year lease extension be approved for a term
beginning July 1, 1994 and ending' 30th of June, 1995. Under the
terms of the lease property maintenance is the responsibility of
Sun 'N Fun Co-op with the City having no financial expense or
responsibility for the Co-op operations .
FISCAL IMPACT
The lease produces annual revenue to the City of $2, 100 .
SUGGESTED ACTI ON
WITH ADOPTION OF THE CONSENT CALENDAR COUNCIL APPROVES LEASE
EXTENSION #3 WITH SUN 'N FUN CO-OP.
AIGIEWDA
F
August 7, 1991
MEMORANDUM:
TO: Honorable Mayor and City Council
FROM: Bob Archibold, Assistant City Manager
SUBJECT: Lease Extension - Sun'N Fun Childcare Cooperative
Two organizations have leased portions of the Zoeter School parcel
to provide childcare services - Under the Rainbow root and for-
( P
Sun'N Fun (non-profit -cooperative) . The existing lease for Sun'N
Fun has expired June 30, 1991.
Recommendation:
That Council extend existing lease for childcare services for an
additional 2-year term ending June 30, 1993 . All other provisions
of the attached agreement remain the same.
BOB ARCHIBOLD
Assistant City Manager
NOTED AND APPROVED:
I
JERRY BANKSTON, CITY MANAGER
1
I>
is
Agenda Item 0;7`0
July 29, 1991 14f
eMEMORANDUM: t v
I
4
TO: Bob Archibold 6 � S
SUBJECT: Sun'N Fun Childcare Cooperative
In acquiring the Zoeter School parcel B, two organizations (Under
the Rainbow and Sun'N Fun) have leased portions of the site to
provide childcare services. Under the Rainbow is for-profit; Sun'N
Fun is a non-profit service.
The Sun'Fun Lease expired June 30, 1991 and is now up for renewal.
Christie Travis of Sun'N Fun has been contacted to determine
whether the cooperative wishes to extend the current lease. The
Under The Rainbow lease has been extended two years to December 31,
1992 . Th Sun'N Fun Lease is proposed to be extended two years to
June 30, 1993 .
r
As background information, Orange County Fire Department has
determined the existing wail heaters in the day care center are a
safety violation and must be repaired. Our PW Department had
originally budgeted $70, 000 this fiscal year for cost of repairs,
however those funds were cut during budget crisis. After reviewing
the lease agreement, it would appear that the tenant -is
responsible for maintenance. A letter was sent to City Attorney
asking for his interpretation; no answer as yet received In the
meantime, no repairs have been made. Should the State childcare
licensing board inspect the premises and find heaters are not
usable, Under the Rainbow could be impacted. The Fire .Dept. has
looked the other way expecting the repairs to be done this fiscal
year.
Ginger
July 24, 1991 '
Christie Travis
Sun N" Fun Co—Op
343 12th Street
Seal Beach, CA 90740
Dear Ms. Travis :
It has come to my attention the lease between the City of Seal
Beach and Sun N`Fun Co—Op expired effective June 30, 1991.
The City needs to know, as soon as possible, if you intend to
renew your lease of the premises .
Please contact my office and arrange an appointment with me to
discuss the agreement.
Sincerely,
Bob Archibald
Assistant City Manager
RFA/skc
June 30, 1987
M E M O R A N D U M
TO: Honorable Mayor and City Council
FROM: City Manager
SUBJECT: Zoeter Park Child Care Leases - Under the Rainbow and
Sun 'N Fun
RECOMMENDATION: It is recommended that City Council approve
leases with Under the Rainbow and Sun 'N Fun for use of classroom
buildings and play yard along 12th Street in Zoeter Park and
authorize Mayor to execute leases on behalf of the City.
BACKGROUND: Prior' to the January 1, 1987, lease/purchase of
certain portions of Zoeter School by the City , the Los Alamitos
School District licensed the use of the buildings for child care
is
purposes to two organizations:
1. Under the Rainbow, a for-profit partnership.
2. Sun 'N Fun, a non-profit corporation, parents
cooperative.
In acquiring Parcel "B", City Council indicated the purpose of
the acquisition was to continue park, open space, recreation,
cultural and child care services on the site.
The two organizations have since January 1, 1987, continued to
occupy the buildings and continued to provide child care services
under the terms of their licenses with LAUSD, however their rents
were paid to the City. Draft leases have been prepared between
the City and each individual organization. Copies of these
leases are attached to this memorandum.
The terms of the leases compare to the LAUSD licenses as follows:
LAUSD Proposed
City
1. Under the Rainbow:
a. Term Monthly To 12/31/89
b. Rent -- Minimum $1,570/mo.$2,000/mo.
Rent - Percentage n/a 5% of gross
Rent per square foot $ 0.1009 $ 0.1285
C. Utilities:
Gas, elec./tel. LAUSD Tenant
Water, sewer, trash LAUSD City
d. Liability Insurance Tenant Tenant
e. Property Insurance LAUSD Tenant
f. Minor maintenance Tenant 'Tenant
AMEBA ffr �
1 -
tri
2. Sun -N Fun:
a. Term Monthly To 6/30/91
b. Rent $104/mo. $175/mo.
Rent per square foot $ 0.0619 $ 0.1042
C. Utilities:
Gas, elec., tel. LAUSD Tenant
Water, sewer, trash LAUSD City
d. Liability Insurance Tenant Tenant
e. Property Insurance LAUSD Tenant
f. Minor maintenance Tenant Tenant
f;y The annual revenues to the City from these leases are anticipated
to total $26, 100.00.
rAl'
BOB NELSON
City Manager
-
- atchs
i -
x ?
�aI.1 1 h
Y
M
ter
H� ti
7Y�
August 1, 2000
Sun 'N Fun CoOp
Attention: Theresa
P. O. Box 364
Seal Beach, California 90740
Dear Theresa,
Forwarded are two (2) copies of the sun 'N Fun Lease
Extension to June 30, 2002 . The Extension was approved by
the City Council at their regular meeting of July 10th.
Once the Extension has been signed, please return one (1)
copy to the City to my attention.
For your information, a copy of the staff report is enclosed
which comments on the CPI adjustment.
My apology for not sending this sooner however there was
some discrepancy as to the length of extension. Thanks for
your patience.
Wuly yours,
M. 4ale�a y Clerk
Sch