HomeMy WebLinkAbout10. Adopt Ord-Approving Lease w-Plaza de la Raza Child Development SrvcsiteM NO.
•
TO: MAYOR ASHTON AND MEMBERS • THE CITY COUNCIL
FROM- • • THE CITY MANAGER
BY: ALDO E. SCHINDLER, DIRECTOR • • DEVELOPMENT
DATE: APRIL 24, 2018
SUBJECT: LEASE AGREEMENT WITH PLAZA DE LA RAZA CHILD DEVELOPMENT
SERVICES, INC. FOR 7850 • DRIVE, SUITES A & B AND NEW PLAYGROUND
AVE4
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That the City Council adopt the following titled ordinance,
W WIM-11 91:1 W-111 Zf -11rICIT" -
BACKGROUND
At its April 10, 2018 meeting, the City Council introduced the attached Ordinance, extending an
existing lease with Plaza de La Raza Child Development Services Inc. for 15 years.
FISCAL IMPACT
The lease 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
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING
A LEASE BETWEEN THE CITY OF DOWNEY AND PLAZA DE LA RAZ, CHILD
DEVELOPMENT
WHEREAS, in May 1991, the City of Downey ("City") and Plaza de la Raza Child
Development -• into a month-to-monthagreement
property owned by the City of Downey located at 7850 Quill Dr. Suites A & 13, Downey; and
WHEREAS, in August 2014, PDLR entered into a three (3) year lease agreement with
the City;
ES, 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.
NOWj THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES
ORDAIN AS FOLLOWS:
SECTION 1. That certain Lease, a copy of which is attached hereto as Exhibit "A" and
by between the City of Doessor,and PDLR,
Lessee, te0aftling property commonly referred to as 7850 0611 Dr. Suites A & B, 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 by law.
Attachment "A"
ORDINANCE NO. 18 -
PAGE 2
APPROVED AND ADOPTED this _ day of . 2018.
SEAN Ayor
ATTEST:
MARIA ALICIA DUARTE, CMC
City Clerk
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS
CITY OF DOWNEY
I HEREIBY CERTIFY that the foregoing Ordinance No. 16- Was introduced at a
th
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:
ABSENT:
ABSTAIN:
MARIA ALICIA DUARTE, CMC
City Clerk I
ORDINANCE NO.
.,,_
LEASE BETWEEN THE CITY OF DOWNEY
r •, r, ••
1. Parties and Date.
This Lease Agreement ("Lease") is made and entered into this 10th 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.
City is the owner of that real property located at 7850 Quill Drive (the "City Property"),
22 Purpose of Lease.
City desires to lease to Lessee, and Lessee desires to lease from City, a portion of the
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 of Education. The City recognizes that Lessee is performing a
needed and worthwhile program which serves the public health and general welfare.
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 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 ""1" ("Leased Premises"), attached
hereto and incorporated herein by this reference.
3.2 Term.
The term of this Lease shall be for fifteen (15) years, commencing June 1, 2018
("Commencement Date") and ending at the expiration of fifteen (15) years from said
date, June 1, 2033; unless earlier terminated as provided herein (collectively the
"Term"). 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.
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 ("CPI -
U") as published by the Bureau of Labor Statistics. Base Rent shall not decrease if the
CPI -U decreases. Lease Payments shall be paid by Lessee to City on the 1st 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 Head
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.
The Lessee shall be deemed to have accepted the Leased Premises as being in good
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.
City and its agents shall have the right at all reasonable times to enter the leased
Premises upon a 24 hour notice, unless in an emergency and immediate access is
needed to:
(a) Inspect the Leased Premises to determine whether Lessee is 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 place 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 any use other than the Early Head Start Program or as a residence or for any
residential purpose or for housing of any person or persons on an overnight basis.
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 facilities 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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3.8.4 Requests for Repairs. For requests for repairs pursuant to Section
3.9 of this Lease, Lessee shall give at least24hours' notice to City staff. Lessee shall
immediately report any mechanical failure of, or damage to, the Leased Premises or any
City -owned equipment, furnishings or other property.
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,
encumbrances, taxes and charges. Lessee shall be responsible for the prompt payment
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 and
cooling system, plumbing and electrical systems, windows, roofs, sidewalks, yards, and
common areas of the Leased Premises.
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 playground
area clean and well maintained at all times.
3.9.3 City shall not be required to repair heating, ventilation and cooling
system, plumbing and electrical systems, windows, roofs, sidewalks, yards, and common
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 Compliance. This Lease shall not commence until Lessee
has provided evidence satisfactory to the City that it has secured all insurance required
under this section.
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3.10.2 Minimum Reouirements. Lessee shall, at its expense, procure and
maintain for the duration of the Lease insurance against claims for injuries to persons or
damages to property which may arise from or in connection with this Lease by the
Lessee, its agents, representatives, and employees. Such insurance shall meet at least
the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as
broad as the latest version of the following: (1) General Liability: Insurance Services
Office Commercial General Liability coverage (occurrence form CG 0001);(2)
Automobile Liability: Insurance Services Office Business Auto Coverage form number CA
0001, code l (any auto); and (3) Workers' Compensation and Employer's Liability:
Workers' Compensation insurance as required by the State of California and Employer's
Liability Insurance.
(B) Minimum Limits of Insurance.; Lessee shall maintain limits no
less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal
injury and property damage. If Commercial 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 occurrence limit; (2)Automobile Liability: $2,000,000 per accident for
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
California. Employer's Liability limits of $2,000,000 per accident for bodily injury or
disease.
3.10.3 Insurance Endorsements. The insurance policies shall contain the
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) General Liability. The general liability policy shall be endorsed
to state that: (1) the City, its directors, officials, officers, employees, agents and
volunteers shall be covered as additional insureds with respect to this Lease and
operations performed by or on behalf of the Lessee; and (2) the insurance 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.
(B) Automobile Liability, The automobile liability policy shall be
endorsed to state that: (1) the City, its directors, officials, officers, employees, agents
and volunteers shall be covered as additional insureds with respect to the ownership,
operation, maintenance, use, loading or unloading of any auto owned, leased, hired or
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borrowed by the Lessee or for which the Lessee is responsible; and (2) the insurance
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) Workers' Compensation and Em to ers Liabilit Covera e. 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 or
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
reporting or other provisions of the policies, including breaches of warranties, shall not
affect coverage provided to the City, its directors, officials, officers, employees, agents
and volunteers.
3.10.4 Se aration of Insureds• No Special Limitations. All insurance
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
protection afforded to the City, its directors, officials, officers,_ employees, agents and
volunteers.
3.10.5 Deductibles and Self -Insurance Retentions. Any deductibles or self-
insured retentions must be declared to and approved by the City. Lessee shall guarantee
that, at the option of the City, either: (1) the insurer shall reduce or eliminate such
deductibles or self-insured retentions as respects the City, its directors, officials, officers,
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 Acceptability of Insurers. 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.
3.10.7 Verification of Coverage. Lessee shall furnish City with original
certificates of insurance and endorsements effecting coverage required by this Lease on
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, certified copies of all required insurance
policies, at any time.
3.10.8 Safety• Lessee shall execute and maintain its work sous 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 work 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 to prevent accidents or injuries; and (C) adequate
facilities for the proper inspection and maintenance of all safety measures.
3.11 No Joint Venture or Partnership.
City and Lessee shall not, by virtue of this Lease, in anyway or for any reason, be
deemed to be or have become a partner of the other in the conduct of its business or
otherwise, or a joint venturer.
3.12 Independent Contractor.
Neither Lessee, nor any of its agents, employees, invitees, licensees, or guests shall
constitute employees of the City. Any additional personnel working on behalf of Lessee
shall also not be employees of City and shall at all times be under Lessee's exclusive
direction and control Lessee shall pay all wages, salaries, and other amounts due such
personnel in connection with their performance of services on behalf of Lessee and as
required by law. Lessee shall be responsible for all reports and obligations respecting
such additional personnel, including, but not limited to: social security taxes, income tax
withholding, unemployment insurance, disability insurance, and workers' compensation
insurance.
3.13 Improvements.
Except as expressly provided by this Lease, Lessee may install, construct and/or maintain
improvements to the Leased Premises, 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
and liability, obtain all permits and entitlements required for improvements. All fixtures,
improvements or additions made to the Leased Premises by Lessee shall become the
property of the Lessee at the expiration or termination of the Lease and shall be
removed by Lessee upon termination of this Lease; except that that equipment in the
playground area shall remain the property of the City if Lessee fails to renew this Lease
at the end of the Term. Upon removal of any fixtures, improvements or additions made
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to the Leased Premises by Lessee, Lessee shall restore the Leased 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,
licensees, invitees, or guests to engage in any activity which constitutes a violation of
any applicable state, federal, city law or regulation.
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
Casualty, or during the time that the City makes any necessary or reasonable repairs and
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 General Indemnity.
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 incident 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
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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
claims, demands due to City's willful misconduct arising out of or in connection with this
Lease.
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-leasing shall be
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 Assignment/Sublease.
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.
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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
competent jurisdiction to be invalid, void or unenforceable, the remainder of the
provisions hereof shall remain in full force and shall not be affected, impaired or
invalidated thereby.
3.21 Attorneys' Fees.
In case either Party brings an action to enforce any term or condition of this Lease, the
prevailing Party shall be entitled to its reasonable attorneys' fees as determined by the
court, and all other costs and expenses related to such action.
3.22 Waiver.
The waiver by either Party of the breach of any provision of this Lease shall not be
deemed to be a waiver of any subsequent breach of that or any other provision.
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.
The various headings contained herein and the grouping of the provisions of this Lease
into separate paragraphs are for the purpose of convenience only, and shall not be
considered in interpreting the provisions of this Lease.
3.25 Notices.
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
be deemed served when delivered personally or faxed, or when deposited in the United
States mail, postage prepaid, return receipt requested, addressed as follows:
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CITY:
City of Downey
11111 Brookshire Avenue
Downey, CA 90241
Attn: Director of Community Development
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
deemed adequate notice on the date actual notice occurred regardless of the method of
service.
3.26 Governing Law.
This Lease, and the rights and obligations of the Parties, shall be governed and
interpreted in accordance with the laws of the State of California. Venue shall be in Los
Angeles County.
3.27 Entire Lease.
This Lease, along with any exhibits and attachments attached hereto 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
negotiations, understandings or agreements. The Rental Agreement (Month -to -Month)
dated May 1, 1997 is hereby terminated and replaced and restated by this Lease. This
Lease may only be modified by mutual consent of the Parties 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 and warrants that it has not employed nor retained any company or
person, other than a bona fide employee working solely for Lessee, to solicit or secure
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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 benefit arising therefrom.
3.30 Equal Opportunity Employment.
Lessee represents that it is an equal opportunity employer and it shall not discriminate
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 effector hereinafter enacted.
3.31 Labor Certification.
By its signature hereunder, Lessee certifies 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.
Time is of the essence for each and every provision of this Lease.
3.33 Effect of Conflict.
In the event of any conflict, inconsistency, or incongruity between any provision of this
Lease, any of its exhibits, attachments, purchase order, or notice to proceed, the
provisions 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.
This Lease may be signed in counterparts, each of which shall constitute an original.
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[Signatures on the Next Page]
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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 and charter city
By -
SEAN ASHTON, Mayor
By:
MARIA ALICIA DUT, CMC, City Clerk
APPROVED AS TO FORM:
By.
YVETTE M. ABICH GARCIA, City Attorney
By:
Executive Director
W
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LEASED PREMISES SITE MAP AND FLOOR PLAN
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Barbara J. Riley Community/Senior Center
Plaza De La Raza Child Development Sery ces, Inc.
SITE PLAN
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Barbara J. Riley Community/Senior Center
East Wing-7850 Quill Drive Suite A and B
Plaza De La Raza Child Development Services, Inc.
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Plaza de la Raza Suite A & B
Plaza de la Raza New Playground