HomeMy WebLinkAboutHA26630 - DSUSD Contract No. HA26630
PALM DESERT HOUSING AUTHORITY
STAFF REPORT
REQUEST: APPROVAL OF LEASE AGREEMENT BETWEEN DESERT SANDS
UNIFIED SCHOOL DISTRICT AND THE PALM DESERT HOUSING
AUTHORITY FOR HEAD START PROGRAM AT ONE QUAIL PLACE
SUBMITTED BY: JANET M. MOORE, HOUSING AUHTORITY ADMINISTRATOR
DATE: JUNE 14, 2007
CONTENTS: LEASE AGREEMENT
Recommendation:
By Minute Motion:
1. Approve a lease agreement substantially as to form, by and between
Desert Sands Unified School District and the Palm Desert Housing
Authority for the continuance and implementation of a Head Start
Program at One Quail Place;
2. Authorize the Executive Director to finalize the lease agreement after
review by Desert Sands Unified School District; and
3. Authorize Chairman to execute such lease agreement and necessary
documents.
Executive Summary:
The Desert Sands Unified School District has been operating the Head Start Program
since 2001, in the recreational building (a.k.a. Club House) at One Quail Place. The
Program has been a direct benefit to the residents of One Quail Place who receive priority
enrollment to the program. The School District has received funding from the State to
adequately provide for staffing, instructional material, furniture, nutritional meals, and
snacks for the children enrolled.
Background:
The Program accommodates 17 pre-school children at the very low and low-income levels
for a full day/full year program. The children who attend the early childhood educational
program will participate in a program that helps them grow mentally, socially, emotionally,
and physically. They receive free medical services, healthy meals, and snacks; and enjoy
playing indoors and outdoors in a safe environment.
Staff Report
Lease Agreement with DSUSD for Head Start Program at One Quail Place
June 14, 2007
The program has been on a month-to-month lease since August 2002. As a result of the
success of the program, the proposed term of the new lease would be for a five-year
period.
The School District's Community Assessment indicates that Lincoln School has 76°/D
poverty families, Carter School has 33%, Reagan has 45%, and Washington Charter has
24%. These poverty levels are evident that a Head Start Program would be a benefit to the
families residing at One Quail Place and surrounding area.
Based on the continued success of the program and the benefit provided to very low to
low-income households, it is staffs recommendation to move forward with the approval of a
lease agreement and continue the Head Start Program at One Quail Place.
Submitted by:
)'
J. . Moore
H. 'sing Authority Administrator
Approval:
sG/1 .-:/
Dave Yrigo st M. McCary—
Director o edevelopment and Housing AC Redevelo ment/H using
BY HOUSG AUTH 5-O
Carlos . Orteg ON (0 . i ci . Oq
Executive Director
VERIFIED BY: //11 1-0
Original on file with City erk's Office
C:\DOCUMENTS AND SETTINGS\PLEON\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLK2A\HEADSTART PROGRAM LEASE ONE QUAIL.DOC
Contract No. HA26630
LEASE AGREEMENT
This Lease Agreement ("Lease") is made and entered into as of this day
of , 20Q7, by and between the Palm Desert Housing Authority, a
California public agency ("Landlord") and Desert Sands Unified School District
("Tenant"), with reference to the following facts:
RECITALS
A. WHEREAS, Tenant operates a federal Head Start Program ("Program")
and requires a licensable classroom facility and playground ("licensable"
within the meaning of the Program) in order to accommodate expansion of
the Head Start Program; and
B. WHEREAS, Landlord is the owner of a licensable ctassroom facility
("Premises") and adjacent playground, described with particularity in
Exhibit "A" attached hereto and incorporated herein by this reference; and
C. WHEREAS, Tenant desires to lease from Landlord and Landlord desires
to lease to Tenant the Premises on the terms and conditions set forth
herein.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and agreements
contained herein and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
1. Leased Premises. Landlord leases to Tenant, and Tenant hires from
Landlord, for the term, at the rental and upon the conditions in this Lease
the Premises. Tenant accepts condition of premises and agrees to
maintain premises in licensable condition as provided for in Section 4.2.
2. Term of Lease.
2.1 Term. The term of this Lease shall be five (5) years, commencing
on the date (the "Term Commencement Date") that this Lease has
been executed. In the event that all conditions of the lease are
satisfactorily met, the Authority shall have three (3) options to
renew this lease for additional one (1) year extension terms.
2.2 Date of Lease and Leqal Effect. The terms, covenants and
conditions of this Lease shall become legally binding on the Term
Commencement Date.
3. Rent. During the Term of this Lease and any extension thereof Tenant
shall pay Landlord No amount ($0.00) as minimum monthly rent. Landlord
is leasing the Premises to Tenant free of charge, except as otherwise
provided herein.
Contract No. HA26630
4. Utilities & Maintenance.
4.1 Provided bv Landlord. Landlord shall provide all utilities reasonably
necessary for Tenant's use of the Premises, including, without
limitation, utilities for lighting, heating and cooling. Landlord shall
provide, in Landlord's sole discretion, all ordinary maintenance and
repair of the Premises and of the building and grounds of which the
Premises are a part. Landlord shall provide, in Landlord's sole
discretion, routine custodial services for the Premises and for the
building and grounds of which the Premises are a part.
4.2 Provided by Tenant. Except as otherwise provided in this Lease,
Tenant shall keep and maintain the Premises and every part
thereof in and about the Premises in good order, condition and
repair, normal wear and tear excepted. Tenant shall be responsible
for and shall pay the cost of repair for any damage exceeding
ordinary wear and tear caused by Tenant's use of the Premises,
playground or other common areas of the building and grounds of
which the Premises are a part. Tenant shall be responsible for
daily housekeeping and general upkeep of the Premises and shall
provide services therefor. Tenant shall also inspect and provide
reasonable daily upkeep for the playground and other common
areas of the building and grounds of which the Premises are a part,
to the extent that such areas are used by Tenant.
4.3 Tenant's Payment for Utilities and Maintenance. Tenant shall pay
Landlord for utilities and maintenance, as rent, the fixed sum of
Three Hundred and Fifteen Dollars ($ 315.00 per month, which
sum shall be paid in advance on the first day of each month during
the term of this Lease increased annually by 5%, not to exceed a
monthly cost of$350.00 per month.
5. Taxes.
5.1 Landlord Taxes. Landlord shall be responsible for payment of all
real property taxes and assessments levied and assessed against
the building, other improvements and land of which the Premises
are a part, and for payment of all personal property taxes levied or
assessed on Landlord's personal property, at Landlord's sole cost
and expense, if any.
5.2 Tenant Taxes. Tenant agrees to pay, before delinquent, all
personal property taxes levied or assessed on Tenant's fixtures,
furniture, appliances and other personal property located on the
Premises, at Tenant's sole cost and expense, if any.
6. Insurance and Indemnification.
Contract No. HA26630
6.1 Landlord's Insurance. Landlord shall obtain and maintain, at
Landlord 's sole cost and expense, insurance in such coverage's
and in such amounts as Landlord determines, in Landlord's sole
discretion.
6.2 Tenant's Insurance. Tenant shall obtain and maintain, at Tenant's
sole cost and expense, broad-form comprehensive public liability
insurance with limits of not less than One Million Dollars
($1,000,000) per person and $1,000,000 each occurrence, insuring
any and all liability of Tenant with respect to the Premises, and
property damage liability insurance with a limit of not less than
$1,000,000 each accident or $1,000,000 combined single limit, and
Tenant shall name Landlord as an additional insured, at Tenant's
sole cost and expense.
6.3 Mutual Indemnification. Each of the parties hereto hereby agrees
to indemnify, defend, protect and hold harmless the other and any
and all agents, employees and representatives of the other from
and against all losses, liabilities, claims, damages costs and
expenses, including, without limitation, attorneys' fees, arising out
of or in connection with its activities or the activities of its
employees, agents and contractors, and this Lease.
7. Permitted Use.
7.1 Head Start. Tenant shall use the Premises solely for the purposes
of operating a preschool and other activities related to the Head
Start Program.
7.2 Playaround. Tenant shall have the non-exclusive right to use the
playground adjacent to Premises and, as necessary, to use
common areas of the building and grounds of which the Premises
are a part (e.g., bathrooms).
7.3 Rules and Requlations. TenanYs use of the Premises, the
playground and common areas of the building and grounds of
which the Premises are a part shall be limited to normal school
hours on normal school days and shall be subject to the Rules and
Regulations of Landlord, attached hereto as Exhibit "B" and
incorporated herein by this reference, which Rules and Regulations
may be revised by Landlord at any time and from time to time.
7.4 Alterations. Tenant shall make no installations, additions or
improvements in or to the Premises without the prior written
consent of Landlord, which consent may be withheld in Landlord's
sole and absolute discretion.
Contract No. HA7_6630
7.5 Siqns. Tenant may install only such signs as Landlord may
approve, in Landlord's sole and absolute discretion, in advance and
in writing, at TenanYs sole cost and expense.
7.6 Waste and Nuisance. Tenant shall not commit any waste or suffer
any waste to be committed upon the Premises. Nor shall Tenant
commit any public or private nuisance.
7.7 Insurance Risks. Tenant shall not keep or use any article or
conduct any activity on the Premises which may be prohibited by
the standard form of fire insurance or other insurance policy or
which may cause an increase in the rate of fire insurance or other
insurance premiums or cause the cancellation of Landlord's fire
insurance or other insurance policies.
8. Landlord's Riqht to Enter Premises. Landlord reserves, and shall at any
and all times have, the right to enter the Premises upon reasonable notice
to Tenant to inspect same, to submit the Premises to prospective tenants,
to post notices of non-responsibility, to repair the Premises and any
portion of the building of which the Premises are a part that Landlord may
deem necessary or desirable, without abatement of rent, and may for that
purpose erect scaffolding and other necessary structures where
reasonably required by the character of the work to be performed,
providing that Tenant 's use of the Premises shall not be intertered with
unreasonably.
9. Assignment and Subleasing. Tenant shall not assign, mortgage, or
hypothecate this Lease in whole or in part, nor sublet all or any part of the
Premises, without the prior written consent of Landlord in each instance,
which consent may be withheld, reasonably or otherwise, in Landlord's
sole and absolute discretion.
10. Termination. Either party hereto may terminate this Lease upon thirty (30)
days' prior written notice to the other party.
11. No Waiver of Breach. No failure by either Landlord or Tenant to insist
upon the strict performance by the other of any covenant,
agreement, term or condition of this Lease or to exercise any right
or remedy consequent upon a breach thereof, shall constitute a
waiver of any such breach or of such covenant, agreement, term, or
condition. No waiver of any breach shall affect or alter this Lease,
but each and every covenant, condition, agreement, and term of
this Lease shall continue in full force and effect with respect to any
other then existing or subsequent breach.
Time is of the essence of this Lease, and of each provision.
Contract No. HA26630
All notices and other communications hereunder shall be in writing and shall be
delivered in person or sent by registered or certified mail, postage prepaid,
commercial overnight courier (such as Express Mail, Federal Express, etc.) with
written verification of receipt or by facsimile. A notice shall be deemed given: (a)
when delivered by personal delivery (as evidenced by the receipt); (b) three (3)
days after deposit in the mail if sent by registered or certified mail; (c) one (1)
business day after having been sent by commercial overnight courier as
evidenced by the written verification of receipt; or (d) on the date of confirmation
if faxed.
If to Landlord: Palm Desert Housing Authority
Attention: Janet M. Moore
73-510 Fred Waring Drive
Palm Desert, CA 92260
If to Tenant: Desert Sands Unified School District
Attn: Debra Loukatos
47-950 Dune Palms Road
La Quinta, CA 92253
Any party may change its address for receiving notice by written
notice given to the others named above.
This Lease contains the entire agreement of the parties with respect to the matters
covered by this Lease, and no other agreements, statements, or promise made by any
party, or to any employee, officer, or agent of any party, which is not contained in this
Lease shall be binding or valid.
11.5 Headinqs. The subject headings of the sections and paragraphs of
this Lease are included for purposes of convenience only and shall
not affect the construction or interpretation of any of its provisions.
Should either party commence any legal action or proceeding against the other based
on this Lease, the prevailing party shall be entitled to an award of attorney's fees.
11.7 Counterparts. This Agreement may be executed in any one or
more counterparts, and all so executed shall constitute one and the
same instrument.
11.8 Governinq Law. This Agreement shall be construed and governed
by the laws of the State of California.
[SIGNATURES APPEAR ON THE FOLLOWING PAGE]
Contract No. HA26630
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their duly authorized representatives on the date first above written.
TENANT: LANDLORD:
DESERT SANDS UNiFiED SCHOOL PALM DESERT HOUSING AUTHORITY,
DISTRICT, a California public agency
a California
Doris Wilson, Superintendent Richard S. Kelly, Chairman
ATTEST:
Rachelle D. Klassen, City Clerk
Approved as to Form:
Dave J. Erwin, City Attorney for
City of Palm Desert
Contract No. HA26630
EXHIBIT "A"
DESCRIPTION OF PREMISES
(attached)
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