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HomeMy WebLinkAboutLEAGUE OF UNITED LATIN AMERICAN CITIES (SA CHAPT.)LEASE AGREEMENT Jr� =EASE AGREEMENT, made and 1993 by ANA, a municipal corporation of "City"), and the SANTA ANA CHAPTER AMERICAN CITIZENS #147, a nonprofit the State of California ("Tenant"). entered into this 7_(/ day of and between the CITY OF SANTA the State of California (the OF THE LEAGUE OF UNITED LATIN public benefit corporation of WITNESSETH The City hereby leases to Tenant the property located at 1432 South Bristol Street (Assessor Parcel No. 109-266-17) in the City of Santa Ana, hereinafter referred to as the "Premises," on the following terms and conditions: 1. TERM The term of this agreement shall be for one year commencing on October 1, 1993 and ending on September 30, 1994, unless sooner terminated. By mutual agreement the parties may extend the term of this Lease for a maximum of two (2) additional six (6) month periods upon the same terms and conditions herein contained. The Executive Director of the Community Development Agency is authorized to approve such extensions on behalf of the City. If the Tenant, with the City's consent, remains in possession of the Premises after the expiration of the term of this Lease, such possession by Tenant shall be deemed to be a tenancy from month -to -month, upon all the provisions of this Lease applicable to month -to -month tenancy. This Lease shall be deemed terminated prior to the expiration of its term in any of the following circumstances: A. Abandonment of the Premises by Tenant. (Failure to occupy the Premises for fourteen (14) consecutive days shall be deemed an abandonment.) B. Damage to the Premises to the extent that the Premises are unsafe to occupy; unless the Tenant, within ten (10) days of the occurance of the damage, notifies the City in writing of the Tenant's intent to repair the damage and, within a reasonable time thereafter, proceeds to repair the damage. C. Termination due to default as provided in Section 12 of this Agreement. 1 D. The making by Tenant of any general assignment or general arrangement for the benefit of creditors; the filing by or against Tenant of a petition to have Tenant adjudged a bankrupt or a petition for reorganization or arrange- ment under any law relating to bankruptcy unless the same is dismissed within sixty (60) days; 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 the Lease, where possession is not restored to Tenant within thirty (30) days; or the attachment, execution, or other judicial seizure of substantially all of Tenant's assets located at the Premises or of Tenant's interest in the Lease, where such seizure is not discharged within thirty (30) days. 2. RENT TENANT agrees to pay the CITY as rent for the entire term of this Lease the sum of one dollar ($1.00), receipt of which is hereby acknowledged. 3. USE A. The Premises are let to Tenant for solely for the purpose of operating a nonprofit, community -based youth boxing program, to be called the "Turning Kids On" program (the "Program"), and shall be used for no other purpose without the consent of the City. The use of the Premises for the Program is subject to the following requirements. 1. Tenant shall establish regular hours for the Pro- gram, shall notify the City of those hours, and shall conduct the Program continuously during the regular hours established for the Program. 2. Tenant shall directly control the operation of the Program. 3. Tenant shall operate the boxing program for the exclusive participation of youth who are Santa Ana residents. 4. Tenant shall not receive endorsements or sponsor- ships from tobacco and alcohol corporations. 5. In order to satisfy the Program's objectives of community service, Tenant shall make available Program participants to assist on community service projects when the City advises Tenant of the need for assistance. 6. Tenant shall provide the City with notice of all E meetings of any board or committee established by Tenant to direct the operation of the Program, and shall allow the City to have a representative present at any such meeting in a participatory but non -voting role. B. The City agrees to grant to Tenant a maximum sum of $20,000 for the payment of costs incurred by Tenant for the remodelling of the Premises and for tenant improvements and equipment, as necessary for the use of the Premises for the Program. No portion of the sums granted to Tenant for such purposes shall be used for the operating expenses of the Program. Payment of funds pursuant to this section shall be conditional upon (1) the prior written approval of Tenant's expenditures pursuant to this section by the Executive Director of the City's Community Redevelopment Agency (which approval shall not be unreasonably withheld) , and (2) the submission to the said Executive Director of reasonable evidence of costs incurred by Tenant pursuant to this section. 4. TAXES Tenant recognizes and understands that this rental agreement may create a possessory interest subject to property taxation. Tenant hereby agrees to pay any and all property taxes and assessments levied on such interest during the term of this Lease before said taxes become delinquent. 5. UTILITIES Tenant shall be solely responsible to make all arrangements for and to pay for all water, gas, heat, light, power, telephone, and other utility services supplied to the Premises together with any taxes thereon and for all connection charges. 6. MAINTENANCE Subject to the grant of funds by the City to Tenant in accordance with Section 3 of this Agreement, Tenant accepts the Premises in an "as is" condition and agrees as follows: A. The City shall have no responsibility for placing the Premises in a condition fit for use by the Tennant; B. The City have any no responsibility to repair or replace any portion of the Premises which is not in good condi- tion, whether the defective or substandard condition of such portion of the Premises originated prior to or after the commencement of the term of this Lease; C. The City shall have no liability to the Tenant, nor to K any officer, employee or agent of the Tenant, for any damage or injury caused to furnishings, equipment or other personal property on the Premises caused by any defective or substandard condition of any portion of the Premises, whether the defective or substandard condition of such portion of the Premises originated prior to or after the commencement of the term of this Lease, or by any other reason. D. As used herein, "portion of the Premises" includes, but is not limited to, foundations, exterior or interior walls or roofs, electrical, plumbing and sewage systems, window, gutters, and downspouts, sidewalks, parking areas, and landscaping, and heating, ventilation, and air conditioning systems. Tenant shall be solely responsible for the payment of all charges for the maintenance of the Premises, including, without limitation, repairs and custodial services, during the term of this Agreement. Tenant agrees to keep the premises clean and in good order and repair and in safe condition for use during the term of this Lease. 7. ALTERATIONS AND ADDITIONS Tenant may make alterations, improvements and additions in or about the Premises which are necessary or appropriate for the use of the Premises for the Program, subject only to the permit and inspection requirements of the City which are applicable to private property on a City --wide or zoning basis. Tenant shall not make any other alterations, improvements, or additions in or about the Premises. Before commencing any work relating to the alterations, additions or improvements affecting the Premises, Tenant shall notify the City in writing of the expected date of the commencement of such work so that the City can post and record the appropriate notices of non -responsibility to protect the City from any mechanics liens, materialman liens or any other liens. In any event Tenant shall pay when due all claims for labor and materials furnished to or for Tenant at or for use in the Premises. Tenant shall not permit any mechanic's liens or materialmen's liens to be levied against the Premises for any labor or material furnished to Tenant or claimed to have been furnished to Tenant or Tenant's agents or contractors in connection with work of any character performed or claimed to have been performed on the Premises by or at the direction of Tenant. Tenant shall have the right to contest the validity of any such lien if immediately on demand by the City, Tenant procures and records a lien release bond meeting the requirements of California Civil Code Section 3143 and shall provide for the payment of any sum that the claimant may recover on the claim (together with the costs of suit if it is recovered in 4 the action). All alterations, improvements or additions which are made on the Premises by the Tenant shall become the property of the Landlord and remain upon and be surrendered with the Premises at the expiration of the term. Notwithstanding the provisions of this paragraph, Tenant's furniture, equipment and other personal property, other than that which is affixed to the Premises so that it cannot be removed without material or structural damage to the Premises, shall remain the property of the Tenant and be removed by Tenant upon the termination of this Lease. Any property not so removed by the Tenant upon termination of this Lease shall be deemed abandoned to the City. 8, ASSIGNMENT AND SUBLETTING Tenant shall not assign this rental agreement or sublet the premises or any interest therein without the written consent of the City first and obtained. A consent by the City to one assignment or subletting shall not be deemed to be a consent to any subsequent assignment or subletting.. An assignment or subletting by Tenant without the written consent of the City, or any assignment or subletting by operation of law, shall be void and shall, at the option of the City, terminate this rental agreement. 9. INDEMNITY Tenant shall indemnify and hold the City harmless from and against any and all claims arising from Tenant's use or occupancy of the Premises or from the conduct of its business or from any activity, work or things which may be permitted or suffered by Tenant in or about the Premises, including all damages, costs, attorney's fees, expenses and liabilities incurred in the defense of any claim or action or proceeding arising therefrom. Tenant hereby assumes all risk of damage to property or injury to person in or about the Premises from any cause, and Tenant hereby waives all claims in respect thereof against the City. 10. LIABILITY INSURANCE Tenant shall obtain it its sole cost and file with the City Clerk's Office, prior to exercising any right or performing any obligation pursuant to the agreement, and maintain for the period covered by this agreement, a policy or policies of liability insurance or a certificate of such insurance, satisfactory to the City Attorney of the City, naming the City of Santa Ana and its officers and employees as insured or additional insured, which provides general liability insurance policy against liability for any and all claims and suits for damages or injuries to person or property resulting from or arising out of operation of Tenant, its officers, agents, or employees. Said policy or policies of insurance shall provide coverage for both bodily injury and 5 property damage in not less than the following minimum amount: Five Hundred Thousand Dollars ($500,000.00) combined single limit or equivalent. Said policy or policies shall also contain a provision that no termination, cancellation or change of coverage or of insured or additional insured shall be effective until after thirty (30) days notice thereof has been given in writing to the City. Tenant shall give to the City prompt and timely notice of claim made or suit instituted arising out of Tenant's operations hereunder. 11. CITY LICENSE TO USE THE PREMISES The City shall be allowed by Tenant to use rooms located upon the Premises a maximum of two times during each calendar month for community meetings and similar purposes. Such use by the City shall be at times which do not conflict with the use of the Premises by the Tenant for the Program. The City shall provide the Tenant with at least seven (7) days advance notice of any requested use of the Premises pursuant to this Section. The Tenant shall not unreasonably refuse any such request by the City. The City shall indemnify and hold harmless Tenant from and against any claims or liablities arising out of the negligent acts or omissions of the City or its officers or employees during the course of any use of the Premises by the City pursuant to this Section. 12. DEFAULT Failure by either party to perform any obligation imposed on such party by this Lease shall constitute a default by such party, and shall be grounds for termination of this Lease by the non - defaulting party if the failure to perform is not cured within thirty (30) days after written notice thereof has been given to defaulting party by the non -defaulting party, or, if the default cannot reasonably be cured within said thirty (30) day period, if the defaulting party commences to cure the default within the thirty (30) day period and diligently prosecutes the same to completion. Notices given under this paragraph shall specify the alleged default and the applicable Lease provisions, and shall demand that the defaulting party perform the applicable Lease provisions within the applicable period of time. 13. REPRESENTATIVES AND NOTICES For purposes of .implementing this Lease Agreement, the representative of the City shall be the Executive Director of the Community Development Agency of the City (or such person within the said Agency as shall be designated by the said -Executive Director), and the representative of Tenant shall be 0-h1l M. Such representatives are authorized to give notices pursuant to .this Lease Agreement and enter into C subordinate agreements consistent with this Lease Agreement on behalf of their respective parties. Any notice served by one party to the agreement on the other Pursuant to this agreement may be affected by personal delivery in writing or by deposit in the U.S. Mail, postage prepaid. Mailed notice shall be addressed as set forth below, but each party may change party's address by written notice in accordance with this section. To City: Executive Director Community Development Agency City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 To TENANT: Arturo Montes LULAC P.O. Box 1801 Santa Ana, CA 92702 14. GENERAL PROVISIONS A. No waiver by the City of any provision hereof shall be deemed a waiver of any other provision hereof or of any subsequent breach by Tenant of the same or any other provision. The city's consent to or approval of any act shall not be deemed to render unnecessary the obtaining of the City's consent to or approval of any subsequent act by Tenant. B. This Lease contains all agreements of the parties with respect to any matter mentioned herein. No prior agreement or understanding pertaining to any such matter shall be effective. This Lease may be modified only in writing and signed by the parties in interest at the time of such modification. C. Time is of the essence of this Lease. D. The unenforceability, invalidity or illegality of any provision of this Lease shall not render the other provisions hereof unenforceable, invalid or illegal. E. Each provision of this Lease performable by Tenant shall be deemed both a covenant and a condition. F. When required by the context of this Lease, the singular shall include the plural. rl IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date and year first above written. ATTEST: 74 nice C. Guy of Jerk of the Council APPROVED AS TO FORM: Edward J. oo r e City Attorney V IMEMv 0 CITY OF SANTA ANA by Daniel H. Young Mayor SANTA ANA CHAPTER OF THE LEAGUE OF UNITED LATIN AMERICAN CITI- ZENS #147 by Arturo Montez Presiden ) by aoh M. Raya - Pro)ect Coordinator