HomeMy WebLinkAbout09. Intro Ord-Approving Lease Plaza De La RazaiteM NO.
APPROVED BY
O- ASHTON AND MEMBERS OF AO1
FROM: OF ,
BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELoPmE
DATE: 1 2018
SUBJECT: LEASE AGREEMENT WITH PLAZA DE LA RAZA CHILD DEVELOPMENT
SERVICES, INC. FOR 1 QUILL DRIVE, AND NEW
PLAYGROUND AREA
That the City Council introduce the following titled ordinance;:
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Plaza De La Raza Child Development Services, Inc. (PDLR) has rented two office suites at the
Barbara J. Riley Community & Senior Center from the City since 1991. The suites were rented
to PDLR under a month-to-month tenancy as long as PDLR operated a Head Start program for
eligible low-income households. PDLR has received an annual grant funding from the Los
Angeles County Office of Education (LACOE) to provide a "no fee" Head Start program. In
2014, PDLR and the City entered into a three (3) year fixed term lease agreement which expired
September 1, 2017, and reverted to a month-to-month tenancy.
DISCUSSION
PDLR has requested that the City consider a change in the current tenancy from a month-to-
month agreement to a fifteen (15) year fixed term lease (see Ordinance with Lease Agreement
in Attachment "A"). PDLR will continue to receive funds from LACOE to implement an Early
Head Start program at the existing City site. Additionally, PDLR requested to receive funding
from LACOE to install a new playground for children, ages one (1) and up. The new playground
will be placed in the vacant lot south of suites A & B and the perimeter will be fenced to ensure
safety; the vacant lot encompasses a total of 5,040 sq. ft. (see 3D Playground Rendering in
Attachment "B"). The City's Parks and Recreation staff were consulted regarding the use
expansion and believe the added playground area for children served by PDLR, and for the
community is a good enhancement to the site. According to PDLR, the request for a fifteen (15)
year lease is to satisfy one of many funding requirements of LACOE.
LEASE AGREEMENT WITH PLAZA D, LA RAZA
APRIL 10, 2018
Suites A & B have a`combined office area of 2,626 sq. ft., which satisfies PDLR's classroom
requirement. The proposed Lease payment is for $2,559.30 per month. During the term of this
lease PDLR will have exclusive use of the playground area between the hours of 6:30 a.m. and
5:30 p.m.; Monday through Friday on a year-round basis with the exception of nationally
recognized holidays observed by the City of Downey. After the hours of operation, the general
public will have access to the playground area.
FISCAL IMPACT
The lease with PDLR will generate $30,712 in rent revenues for the General Fund during the
first year of the lease. Thereafter, the lease may increase every year by a rate equal to the
increase in the Consumer Price Index (CPI).
Attachments: "A Ordinance with Lease Agreement
°B" — 3D Playground Rendering
°C" — Aerial of Barbara J. Riley Community & Senior Center
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ORDINANCE NO
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING
A LEASE BETWEEN THE CITY OF DOWNEY AND PLAZA DE LA RAZA CHILD
DEVELOPMENT SERVICES, INC.
WHEREAS, in May 1991, the City of Downey ("City") and Plaza de la Raza Child
Development Services Inc. ("PDLR") entered into a month-to-month rental agreement at
property owned by the City of Downey located at 7850 Quill Dr. Suites A & B, Downey; and
WHEREAS, in August 2014, PDLR entered into a three (3) year lease agreement with
the City;
WHEREAS, the current lease, which expired in September 2017, reverted to`a month-to-
month rental agreement; and
WHEREAS, the City and PDLR wish to enter into a 15 -year lease agreement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES
iiia •r
SECTION 1. That certain Lease, a copy of which is attached hereto as Exhibit "A and
incorporated herein by reference between the City of Downey, as Lessor, and PDLR, as
Lessee, regarding property commonly referred to as 7850 Quill Dr. Suites A & 13, and the 5,040
square foot vacant lot south of Suites A & B is hereby approved.
SECTION 2. The City Clerk shall certify the adoption of this Ordinance and cause the
same to be published in the manner required bylaw.
ORDINANCE NO. 187A
PAGE 2
APPROVED AND ADOPTED this day of _ 2b! A
SEAN ASHTON, Mayor
ATTEST:
MARIA ALICIA DUARTE, CIVIC
City Clerk
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS
CITY OF DOWNEY
I HEREBY CERTIFY that the foregoing Ordinance No. 18- was introduced ata
Regular Meeting of the City Council of the City of Downey held on the 1 offi of April, and adopted
at a Regular Meeting of the City Council of the City of Downey held on the of
, 2018, by the following vote to wit:
AYES:
NOES-
ABSEN
ABSTA111
MARIA ALICIA DUARTE, CIVIC
City Clerk
Lease Agreement
LEASE BETWEEN THE CITY OF DOWNEY
,TE1ITSE1?,VICESjMQ
This Lease Agreement ("Lease") is made and entered into this 101h day of April, 2018
(the "Effective Date"), by and between the City of Downey ("City"), a California
municipal corporation and charter city, with its principal place of business at 11111
Brookshire Avenue, Downey, CA 90241, and Plaza De La Raza Child Development
Services, Inc. ("Lessee"), a California nonprofit corporation with its principal place of
business at 8337 Telegraph Road, Suite 300, Pico Rivera, California 90660. The City and
Lessee are sometimes herein referred to individually as "Party" and collectively as
"Parties."
2.1 City Property.
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2.2 Purpose of Lease.
City desires to lease to Lessee, and Lessee desires to lease from City, a portion of t e
City Property for due and adequate consideration, the receipt and sufficiency of which is
acknowledged by the Parties and further described and set forth in this Lease, for the
purpose of operating an Early Head Start Program pursuant to a contract with the Los
Angeles County Board ofEducation * The City recognizes that Lessee is performing a
needed and worthwhile program which serves the public health and general welfare.
FIRT-M
3.1 Description of Leased Premises.
City hereby leases to Lessee, and Lessee leases from City, on the terms and conditions
set forth in this Lease, portions of the City Property consisting of Suites A and B, with a
total of 2,625.75 square feet and the vacant lot directly south of Suites A and B, with a
total of 5,040 square feet, which are shown in Exhibit "I" ("Leased Premises"), attache
hereto and incorporated herein by this reference.
3.2 Term.
The term of this Lease shall be for fi een 15 years, commencing June 1, 2018
ex f ff f
date, June 1, 2033; unless earlier terminated as provided herein (collectively the
At the expiration of the Term, this Lease shall revert to a month-to-month
agreement until or unless the Parties renegotiate a renewal of this Lease. I
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3.3 Lease Payment
3.3.1 The Leased Premises are leased to the Lessee for the Two Thousand
Five Hundred and Fifty -Nine Dollars and 30/100 ($2,559.30) per month which includes
all utilities during the Term of this Lease ("Lease Payment"). Beginning at the annual
anniversary of the Commencement Date, Base Rent shall be subject to an inflationary
increase of not less than 0 percent, up to a maximum of the percentage increase of the
Los Angeles -Long Beach -Anaheim Consumer Price Index for All Urban Consumers
U") as published by v: of Labor Statistics. Base Rent shall not decrease if the
CPI -U decreases. Lease Payments shall be paid by Lessee to City on the 11 day of every
month during the term of this Lease. The first Lease Payment shall be paid in full to the
City by June 1. 2018. In the event Lessee fails to pay to City the Lease Payment by the
date it is due, an additional payment of 5% of the amount due will be charged for each
month or fraction thereof, that the payment is due. This charge is intended to
compensate City for additional accounting and administrative costs.
3.4 Use.
The Leased Premises are leased to Lessee solely for the purpose of operating Early He -A
ad
Start Program pursuant to a contract with the Los Angeles County Board of Education.
The Leased Premises must be operated directly by Lessee. The City may from time to
time sponsor programs and projects related to Lessee's operation. To this end, Lessee
will cooperate with such activities and coordinate and promote such activities through
the use of the Leased Premises and work jointly with the City to achieve these
objectives.
3.5 Acceptance; Surrender.
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condition for the above -stated uses. The Lessee shall, upon the termination or
expiration of the Lease term, surrender the Leased Premises in as good condition,
reasonable use and wear excepted.
3.6 Reasonable Access to Leased Premises.
City and its agents shall have the right at all reasonable times to enter the Leased
needO to:
(a) Inspect the Leased Premises to determine whether Lessee s carrying on any
activity that violates this Lease;
(b) Show the Leased Premises to prospective purchasers, mortgagees, or tenants
or to ground lessors or underlying lessors;
(c) Serve., post, and keep posted notices required by law or that City considers
necessary for the protection of the City or the City Property; or
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(d) Conduct facility inspections and make necessary mechanical repairs. Such
repairs and inspections will be scheduled in advance and are subject to Lessee's
approval.
(e) Playground area shall be accessible to the City and members of the public as
provided in Section 3.7.
3.7 Hours of Operation
During the Term of this Lease, and except as provided in Section 3.6. Lessee shall have
exclusive use Leased Premises, between the hours of 6:30 am and 5:30 pm, Monday
through Friday, ("Hours of Operation") on a year round basis; except that City and
members of the public shall have access to the playground area: (1) After Lessee's
Hours of Operation; (2) during nationally recognized holidays observed by the City of
Downey The City shall provide Lessee with a list of observed holidays each year during
the Term of this Lease; and (3) when the Early Head Start Program is not in session
during the Hours of Operation. Any changes to the Hours of Operation must be
approved by the City in advance, in writing. During the Hours of Operation, Lessee shall
have the use, in common with others, of the restrooms, hallways, entrances, parking
spaces, open adjacent grass area and other similar facilities to and surrounding the
Leased Premises ("Common Areas"). Lessee is not permitted to make any physical
improvements or is permanent physical barriers in or on any of the Common Areas
unless approved in writing by the City. City reserves the right to limit or restrict use of
the Common Areas to Lessee as City determines is necessary for the public health,
safety or welfare.
3.8 Lessee's Obligations
3.8.1 Lawful Operation ' Lessee shall operate the Early Head Start
Program pursuant to a contract with the Los Angeles County Board of Education and in
accordance with all applicable federal, state, and City laws and regulations, and this
Lease. Lessee shall be responsible for ensuring that all necessary approvals, licensing
requirements and permits remain in effect during the Term of this Lease in order to
operate the Early Head Start Program in a lawful manner. The Leased Premises shall not
be used for an use oth r h n h for a-tv
3 * 8.2 Utilities and Janitorial Services. Except as otherwise specifically provided in this
Lease, City shall pay for all utility costs associated with the Leased Premises. Specifically,
City is obligated to furnish to the Leased Premises with power, gas, electricity, heating,
water, restroom facties during the term of this Lease. Lessee shall pay all charges for
telephone service, Internet service, and janitorial services.
3.8.3 Signage. Lessee shall provide, at its own cost and expense, signage
in a manner consistent with all applicable local laws, rules and regulations. The form and
substance of the signage shall be subject to the City's approval, which approval shall not
be unreasonably withheld.
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Requests for Repairs. For requests for repairs pursuant to Section
3.9 of this Lease, Lessee shall give at least 24 hours' notice to City staff. Lessee sha 11
3.8.5 Maintain Clean, Safe Environment. Lessee, at its own expense,
shall maintain the Leased Premises in a clean, orderly, and safe manner at all times
including but not limited to the playground area, wall and floor surfacing, partitions,
sinks, doors and windows. Lessee shall adhere to all federal, state and local laws with
regard to the maintenance of the Leased Premises.
Lessee shall provide or cause to be provided all security services, internal custodial
service and telephone.
3.8.6 Liens,* Encumbrances,-, Taxes. Lessee shall keep City Property and
the Leased Premises and any and all improvements thereto free and clear of all liens,
of liens, encumbrances, taxes and charges, if any, which may be lawfully levied upon all
or any portion of the Leased Premises, including but not limited to any possessory
interest tax involved in any operation contemplated under this Lease.
3.9 City Obligations — Maintenance and Repair.
3.9.1 City shall maintain in good repair the heating, ventilation an•
coolinj sistem, fing and electrical systems. windows. roofs. sidewalks. vards. a -td
3.9.2 City shall also pay for the exterior landscape maintenance for the
Leased Premises, except for the playground area. Lessee shall maintain the playgrouni
area clean and well maintained at all times.
3.9.3 City shall not be required to repair heating, venti ation an• coo ing
3 11� U :VLd
i��.lumbinq and electrica[systems windows, ro1I C!''12 III -V
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areas, unless and until Lessee has notified City in writing of the need for such repairs or
replacement. Once notified, City shall complete any and all needed repairs and
replacements within a reasonable period of time at no cost or expense to the Lessee,
except to the extent that such repairs or replacements are attributable in whole or in
part to the negligence or misconduct of the Lessee, its employees, agents, contractors,
licensees and invitees.
3.10 Insurance.
3.10.1 Time for Coinpj�!4nc� This Lease shall not commence until Lessee
�as provided evidence satisfactory to the City that it has secured all insurance required
inder this section.
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3.10.2 Mi�ihiUfn ' procure and
maintain for the duration of the Lease insurance against claims for i persons or
representatives,damages to property which may arise from or in connection with this Lease by the
Lessee, its agents, • employees.
the following minimum levels ofcoverage:
(A)- Minimum SCODe of overage shall be at least as
• •.r as the latest versionof f •Liability:
Office Commercial, rverage (occurrence form111
i • r • / / i i • • Ctyerage ftrion• , ',
0001, codef andWorkers'Compensation i Employer's
LiabilityWorkers' Compensation insurance as required by the State of California and Employer's
i. Mihithurn LirrtiU of Insurance. Lessee shall maintain limits no
less than: (1) General Liability: $2 '000,000 per occurrence for bodily injury, personal
.
injury f property damage.fmmercial General liability Insurance or other form
with general aggregate limit is used, either the general aggregate limit shall apply
separately to this Lease/Leased Premises or the general aggregate limit shall be twice
the required • Automobile .• $2,000,000 per f• for
California.bodily injury and property damage; and (3) Workers' Compensation and Employer's
Liability: Workers' Compensation limits as required by the Labor Code of the State of
• i .f of of 111 per i` for bodily or
•'
3.10.3 Insurance Endorsements. policies shall contain
following provisions, or Lessee shall provide endorsements on forms supplied or
approved by the City to add the following provisions to the insurance policies:
(A) G060M W��he general liability policy shall be endorsed
to directors, officials,officers,1 i and
volunteers• ' covered as additional• • ' to this Lease and
operations performed by or on behalf of andcoverage
shall be primary insurance as respectsdirectors, officials, officers,
employees, agents and volunteers,or • in an unbrokenof
coverage excess of the Lessee's scheduled underlying coverage. Any insurance or self-
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volunteers be of and shall notbe f'. upon to
contribute
(B) Automobile tjabjljf�. The automobile liability policy shall be
endorsed to directors, officials,officers,• i
and volunteers shall be covered as additional insureds with respect to the ownership,
operation, maintenance, use, loading or unloadinq of anM auto owTed, leased, Wired or
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borrowed by the Lessee or for which the Lessee is responsi e- an•2 t einsurance
coverage shall be primary insurance as respects the City, its directors, officials, officers,
employees, agents and volunteers, or if excess, shall stand in an unbroken chain of
coverage excess of the Lessee's scheduled underlying coverage. Any insurance or self-
insurance maintained by the City, its directors, officials, officers, employees, agents and
volunteers shall be excess of the Lessee's insurance and shall not be called upon to
contribute with it in any way.
(C) Wtorkqtt'!�oj��gtlon and Emp�rs�Wbjky COVerggg� The
insurer shall agree to waive all rights of subrogation against the City, its directors,
officials, officers, employees, agents and volunteers for losses paid under the terms of
the insurance policy which arise from work performed by the Lessee.
(D) All coverages. Each insurance policy required by this Lease
shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced
canceled except after thirty (30) days prior written notice by certified mail, return
receipt requested, has been given to the City; and (B) any failure to comply with
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re:eiortine or other *,rovisions of the j•o;• • • f •
affect coverage provided to the City, its directors, officials, officers, employees, agents
and volunteers. I
Allinsurance
required by this Section shall contain standard separation of insureds provisions. In
addition, such insurance shall not contain any special limitations on the scope of
Q,rotection afforded to the CitA* its directors, officials.
volunteers.
3.10.5 Deductibles and Self-16�4j�hce� k6ris. Any deductibles or self -
if V8 2 A i * 2.-VL2 AAi)M:f •K-MUVVKU- !,-
that, at the option of the City, either: (1) the insurer shall reduce or eliminate such
deductibles or self-insured retentions as resyects the Cit�,.* its directors. officialpIwW
employees, agents and volunteers; or (2) the Lessee shall procure a bond guaranteeing
payment of losses and related investigation costs, claims and administrative and
defense expenses.
3.10.6 Aciggptof lqsttrers� Insurance is to be placed with insurers
with a current AM. Best's rating no less than A:VII, licensed to do business in California,
and satisfactory to the City.
3.10.bh Lessee shall furnish City with original
forms satisfactory to the City. The certificates and endorsements for each insurance
policy shall be signed by a person authorized by that insurer to bind coverage on its
behalf, and shall be on forms provided by the City if requested. All certificates and
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endorsements must be received and approved by the City before work commences. The
City reserves the right to require complete, • copies of all required insurance
policies, at any time.
3.10.8 Safety. Lessee shall execute • maintain its work so as to avoid
injury or damage to any person or property. The Lessee shall at all times be in
compliance with all applicable local, state and federal laws, rules and regulations, and
shall exercise all necessary precautions for the safety of employees appropriate to the
nature of the • and the conditions under which the work is to be performed. Safety
precautions as applicable shall include, but shall not be limited to: (A) adequate life
protection and life-saving equipment and procedures; (B) instructions in accident
prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall
protection ladders, bridges, gang planks, confined space procedures, trenching and
shoring, equipment and other safety devices, equipment and wearing apparel as are
necessary or lawfully required Y• prevent accidents or injuries; and (C) •
facilities
•; the proper inspection and maintenance of all safety measures.
3.11
• Joint Venture or Partnership.
City and Lessee shall not, by virtue of this Lease, in any way or for any reason, be
deemed to be or have become a partner of the other in the conduct of b or
otherwise, or a joint venturer.
3.12 Independent Contractor.
Neither Lessee, nor any of its agents, employees, invitees, licensees, or guests shall
• employees • the City. Any additional personnel working `•., behalf • Lessee
shall
• not • employees • City and shall at all times be under Lessee's exclusive
direction and control. Lessee shall pay all wages, salaries, and '• • • such
personnel in connection with their performance •' services •' behalf • Lessee and as
required by law. Lessee shall be responsible for all reports and obligations respecting
such . I
withholding, unemployment insurance, disability insurance, and workers' compensation
insurance.
3.13 Improvements.
• as exoressllwrovided by
improvements to the Leased • at Lessee's sole expense, with the City's prior
written approval and provided that such additions and improvements are consistent
with the purpose contemplated in this Lease. Lessee shall, at Lessee's sole cost, expense
• liability, •f all permits and entitlements required for improvements. All fixtures,
improvements or additions made to the Leased Premises by Lessee shall become the
property • the Lessee at the expiration • termination of the Lease and shall •
removed by Lessee upon termination of this Lease; except that that equipment in the
playground area shall remain the property • the City if Lessee fails to renew this Lease
at the
• of the Term. Upon removal • any fixtures, improvements • additions made
0
to the Leased Premises :•, Lessee, Lessee s a restore t e Leasei Premises to its prior
condition before to the installation or construction of said improvements.
3.14 Violations.
Lessee shall not engage in, or permit or authorize any of Lessee's employees, agents,
vitv %fAic� Cotstitutes'? vinlat4-f of
3.15 Repair of Damage.
Lessee agrees to notify City in writing within three (3) days of any damage to the Leased
Premises resulting from fire, earthquake, or any other identifiable event of a sudden,
unexpected, or unusual nature ("Casualty") ("Repair Notice Period"). If the Leased
Premises are damaged by a Casualty or areas provided access to the Leased Premises
are damaged to the extent that Lessee does not have reasonable access to the Leased
Premises and if neither City nor Lessee has elected to terminate this Lease, City shall, at
City's sole cost and expense, promptly and diligently restore such areas and the Leased
Premises to substantially the same condition as existed before the Casualty, except for
modifications required by building codes and other laws. During the period of time that
Lessee does not have reasonable access to the Leased Premises due to damage by a
modifications to the Leased Premises, City shall have no obligation to provide Lessee a
suitable alternate location for its operations and Lessee shall not be obligated to pay
rent for the portion of the Leased Premises damaged and inaccessible during the period
the City makes necessary repairs. Lessee shall be obligated to pay rent for that portion
of the Leased Premises that is not damaged and is accessible by Lessee. However, in
making the repairs and modifications contemplated by this Section, City shall make all
reasonable efforts to avoid materially impairing Lessee's access to the Leased Premises.
3.16 Genera In emnity.
Lessee shall defend, indemnify and hold City, its officials, officers, employees, volunteers
and agents free and harmless from any and all claims, demands, causes of action, costs,
expenses, liability, loss, damage or injury, in law or equity, to property or persons,
including wrongful death, in any manner arising out of or dent to any alleged acts,
omissions or willful misconduct of Lessee, its directors, officers, employees, agents,
volunteers and contractors arising out of or in connection with this Lease, including but
not limited to (a) the condition of the Leased Premises, (b) Lessee's use of the Leased
Premises, or (c) Lessee's operations or services in connection with or pursuant to this
Lease, including without limitation the payment of all consequential damages and
attorneys'fees and other related costs and expenses. Lessee shall defend, at Lessee's
own cost, expense and risk, any and all such aforesaid suits, actions or other legal
proceedings of every kind that may be brought or instituted against City, its officials,
officers, employees, agents or volunteers. Lessee shall pay and satisfy any judgment,
award or decree that may be rendered against City or its officials, officers, employees,
agents or volunteers, in any such suit, action or other legal proceeding. Lessee shall
reimburse City and its officials, officers, employees, agents and or volunteers, for any
and all legal expenses and costs incurred by each of them in connection therewith or in
enforcing the indemnity herein provided. Lessee's obligation to indemnify shall not be
restricted to insurance proceeds, if any, received by the City, its officials, officers,
employees, agents or volunteers. This indemnification, defend and hold harmless
obligation shall not be limited by insurance coverages and shall survive the termination
or expiration of this Lease. Lessee shall not defend or indemnify City for any and all
0
"Tds dije Citv's willful ttiscocq Q
luct aLL�LL
s _U . A. " to • t• LLU W or it cottectiat-At
3.17 Default or Abandonment by Lessee.
3.17.1 Lessee shall be deemed to be in material default of this Lease if
during the Term of this Lease Lessee shall have not performed any other material term,
covenant, or condition required under this Lease, and shall have failed to remedy any
such default with all reasonable dispatch within a period of twenty (20) days after
written notice is given to Lessee by the City.
3.17.2 In the event of any of the above-described material defaults, the
City shall have the right to:
(i) Re-enter the Leased Premises, at the City's option, without further
demand or notice, and eject all Parties in possession therefrom; and
(ii) Re -let the Leased Premises for the account of Lessee upon such terms
and conditions as the City shall deem advisable.
3.17.3 The Lease Payments on such subsequent re- easing s a•e
applied first to the expenses of regaining possession, re -letting, and the collection of
past due amounts owed to the City, including expenses necessary for repair or
restoration of the Leased Premises to its original condition (taking into account normal
wear and tear), reasonable attorneys'fees and any marketing or real estate commission
actually paid.
3.18 Assign ment/su bi ease.
Lessee may not sell, assign, mortgage, pledge, sublease, or otherwise transfer Lessee's
interest in this Lease without the City's prior written consent, Any attempted transfer,
whether by voluntary act or operation of law, without City's written consent, shall be
void and shall constitute a non -curable breach of this Lease.
3.19 Option to Terminate
3.19.1 Either party may terminate this Lease upon giving thirty (30) day's
written notice to the other party at the address listed in Section 3.25 of this Lease.
IQ,
3.19.2 If the Repair Period Notice required by Section 3.15 indicates that
the anticipated period for repairing the Leased Premises or areas exceeds ninety (90)
days, Lessee may elect to terminate this Lease without any liability of any kind by
providing written notice ("Lessee's Termination Notice") to City within ten (10) days
after receipt of the City's repair period notice. If Lessee does not elect to terminate
within this ten (10) day period, Lessee shall be deemed to have waived the option to
terminate.
3.20 Severability.
if any term, covenant, condition or provision of this Lease is held by a court of
comL3etent"urisdictio-F to be i-fvalid. void or u-tiwforceable. t�,e re-u?i-FVer of *w-
7771 IMT117M, M TIM TM=
invalidated thereby.
3.21 Attorneys' Fees.
In case either Party brings an action to enforce any term or condition o this Lease, the
611 • i •
court, and all other costs and expenses related to such action.
3.23 Binding on Successors.
This Lease shall apply to and be binding upon the heirs, successors in interest,
executors, administrators, and assigns of the respective Parties hereto. The terms
Lessee, City, Party and Parties shall include the heirs, successors in interest, executors,
administrators, assigns, agents, employees, officers, or officials of such party or parties.
3.24 Captions.
Lit
into separate paragraphs are for the purpose of convenience only, and shall not be
considered in interpreting the provisions of this Lease.
WrM. T M -
Any and all notices which are required under the terms and conditions of this Lease or
which either City or Lessee desire to serve upon the other, shall be in writing and shall
CITY -
City of Downey
11111 Brookshire Avenue
M
Downey, CA 90241
ME
Courtesy Copy To:
City of Downey
Attn: City Attorney
11111 Brookshire Avenue
Downey, CA 90241
LESSEE:
Plaza De La Raza Child Development Services, Inc. 8337 Telegraph
Road Suite 300
Pico Rivera, CA 90661
Attn: Executive Director
Any notice so given shall be considered served on the other Party three (3) days after
deposit in the U.S. mail, first class postage prepaid, return receipt requested, and
addressed to the Party at its applicable address. Actual notice, including by fax, shall be
4aa4kZ-'f
service.
3.26 Governing Law.
This Lease, and the rights and obligations of the Parties, shall be governed and
inter-,treted in accordance with the laws of the State of California. VenuL;wK-M• 161�-
Angeles County.
3.27 Entire Lease.
This Lease, along with any exhibits and attac ments attac ed ereto and incorporated
herein by reference, constitutes the entire Lease between the City and the Lessee
relative to the City Property and the Leased Premises, and supersedes all prior
ne, I-V11,11i4
dated ay 1, 1997 is hereby terminated and replaced and restated by this Lease. This
Lease may only be moded by mutual consent of P in writing.
3.28 No Third Party Beneficiaries.
There are no intended third party beneficiaries of any right or obligation assumed by the
Parties.
3.29 Prohibited Interests.
Lessee maintains an warrants t at it as not emp oye nor retaine any company or
person, other than a bona fide employee working solely for Lessee, to solicit or secure
this Lease. Further ' Lessee warrants that it has not paid nor has it agreed to pay any
company or person, other than a bona fide employee working solely for Lessee, any fee,
commission 'percentage, brokerage fee, gift or other consideration contingent upon or
resulting from the award or making of this Lease. For breach or violation of this
warranty, City shall have the right to rescind this Lease without liability. For the term of
this Lease , no member, officer or employee of City, during the term of his or her service
with City, shall have any direct interest in this Lease, or obtain any present or
anticipated material bene it arising therefrom.
3.30 Equal Opportunity Employment.
Lessee represents that it is an equal opportunity employer an•it s a notf.iscriminate
against any subcontractor, employee or applicant for employment because of race,
religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination
shall include, but not be limited to, all activities related to initial employment,
upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or
termination. Lessee shall also comply with all relevant provisions of any City Minority
Business Enterprise program, Affirmative Action Plan or other related programs or
guidelines currently in effect or hereinafter enacted.
3.31 Labor Cercation.
By its signature hereunder, Lessee certes that it is aware of the provisions of section
3700 of the California Labor Code which require every employer to be insured against
liability for Worker's Compensation or to undertake self-insurance in accordance with
the provisions of that Code, and agrees to comply with such provisions before
commencing the performance of the Services.
3.32 Time of Essence.
Time is of the essence for each and every provision of this Lease.
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Lease, any of its exhibits, attachments, purchase order, or notice to proceed, the
vrovisions of this Lease will govern and control.
3.34 Authority to Enter Lease.
Lessee has all requisite power and authority to conduct its business and to execute,
deliver, and perform the Lease. Each Party warrants that the individuals who have
signed this Lease have the legal power, right, and authority to make this Lease and bind
each respective Party.
3.35 Counterparts.
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IN WITNESS WHEREOF, City and Lessee have executed this Agreement on the
date first herein above written.
CITY OF DOWNEY
a municipal corporation an c arter city
By:
SEAN ASHTON, Mayor
F-11 11:143
MARIA ALICIA DUARTE, CIVIC, City Clerk
M M I
YVETTE M. ABICH GARCIA, City Attorney
PLAZA DE LA RAZA CHILD DEVELOPMENT SERVICES, INC.
a California nonprofit corporation
B
Executive Director
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7850 Quill Drive, Suite A & B and Playground
In Plaza de la Raza Suite A & B
10 Plaza de la Raza New Playground