•
LEASE ;!\GREEM.ENT
K;i.wa,nis Club
OFF!CIAl COPY
Please Return to Office
of City Clerk
THIS LEASE AGREEMENT, made by and between the City of
Fullerton, a municipal corporation, a,s Lessor, hereinafter referred to as CIT;{ and the Kiwanis Club of Fullerton, a non-profit corporation, as Lessee, hereinafter referred to as KIWANIS.
WITNESSETH
THAT WHEREAS, the KIWANIS and CITY des;i:re to enter into a Lease Agreement for certain real property located at the southwest ,;,o
corner of Richman Avenue and Walnut Avenue, �South Richman Avenue, in the City of Fullerton, County of Orange, State of California,, currently owned by CITX, hereinafter referred to as LEASE PREMISES; a.nd WHEREAS, the CITY is the owner of certain improvements
currently loca,ted upon LEASE PREMISES; and
WHEREAS, _the KIWANIS and CITY are desirous of establishing additional fa,cilities on LEASE PREMISES to serve the recreational, cultural, social, and leisure-time interests of youth in the community; a,nd
WHEREAS, it is the goa,l of the Community Services Department, as expressed in the Community Services Element to the General Plan, to provide programs that are conveniently located, responsive to residents' needs, integrated with programs and facilities of other agencies, and include recreation, human service a,nd cultural a,nd fine arts programs; and
WHEREAS, it is the intent of the KIWANIS to sub-lease to various community agenoies to provide recreational and social service programs and activities to promote the physical, mental and moral ;,•welfare of youth in the City of Fullerton;
NOW THEREFORE, in consideration of the mutual promises and conditions herein contained, said parties hereby agree as follows:
I. ;PREMISES
CITY hereby lea,ses to KIWANIS and KIWANIS hereby
leases from CITY,_ upon terms and conditions herein
contained, _that certain real property situated in the
City of Fullerton, county of orange, State of California, described as lots 7, 8, 9, 10, 11, and 12 of T.ract #924, as recorded in Book 29, Page 1 of Miscellaneous Maps
in the Office of the County Recorder of Orange County, California. (;� .} TERM OF LEASE
The term of this Lease Agreement shall be for a, period of twenty-five (25) years, commencing on August 6,
1980, and terminating on August 5 , 2005, subject to
earlier termination as provided in Section XX of this
Lease Agreement. KH1ANIS shall have the option to
extend this Lease Agreement, under the terms and con
ditions herewithin for a period of twenty-five (25)
years, upon the condition that the KIWANIS shall have,
during the full term of this Lease Agreement, fully
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and in good faith, performed all the terms, covenants
and conditi.oni, of this Lease Agreement. KIWANIS shall . give written notification to CITY of intention to
exercise said option six (6) months prior to the
expiration of the term herein provided, or shall lose
the right to said option. CITY shall have thirty (30)
days after such notification in which to accept said
option upon the terms and conditions proposed. ift
III. RENT
KIWANIS agrees to pay to CITY .as rental for said LEASE PREMISES the sum of $1.00 (one dollar) per year, pay
able on June 1 of each year during the term hereof; and in addi.tion here.to, KIWANIS agrees to do and perform the other covenants and agreeme11ts contained in this Lease Agreement.
IV. KIWANIS USE
The purpose of this Lease Agreement is to provide for
the use of LEASE PREMlSES by KIWANIS for construction
and/or operating thereon a building and other facilities for use by youth-serving community agencies; and for
all reasonable and lawful purposes incidental thereto;
and for CITY-authorized community service programs and
activities which do not conflict with KIWANIS use; and
for other general youth programs and activities.
KIWANIS s.hall not use the LEASE PREMISES nor any por
tion thereof for any other purpose than that herein
above set forth without first having obtained the written consent of CITY,. or its designated representative. The KlWANIS facility shall be made available for use by
the CITY provided such use is compatible with the
KIWANIS operations and the CITY notifies KIWANIS in
writing two (2) weeks in advance of its intended use.
CI.TY agrees that KIWANIS may enter into agreements with other persons, corporations or organization:; to utilize portions of the LEASE PREMISES for purposes incidental
to the activities of KIWANIS and that KIWANIS may retain for its use all money received on account of said
agreements.
V. RECORDS AND ACCOUNTS
KIWANIS agrees, at its own expense to file yearly
financial reports, which shall be proof of solvency,
with the City Manager in such form, content and number
as the Manager shall specify. These reports shall
reflect a present and complete financial position of
the KIWANIS and shall be submitted within ninety (90)
days after the end of each fiscal year during the term
of this Lease Agreement or any extension of said
Lease Agreement.
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VI, All iml?;i;ovement1;1 const;i;ucted or instal1ed by KIWANIS or any sub-Iessee .thereof on LEASE l?REMISES, including the plans and specifications therefore, _shall conform
in all resipects to applicable statutes, ordinances,
building codes, rules, _and regulations of the City of
Fullerton, _the County of Orange and the State of
California. Approval of said plans by CITY shall not
constitute conformity to same. KIWANIS shall keep
the LEASE l?REMISES and improvements constructed or
installed thereon f;ree and clear of all liens for
labor and materials and shall hold CITY harmless from
all responsibility in respect thereto.
No major structu;r:es, capital improvements o;i; facili ties shall be const:ructed, erected or made in, to or
upon the LEASE PREMISES without prior written consent
of CITY. KIWANIS shall submit to CITY, for prior
w:ritten approval, all preliminary plans ;for all con
struction upon the LEASE PREMISES. All architectural
improvements. and construction shall be performed by
an architect mutually agreed upon by CITY and KIWANIS.
VII. TAXES
K:(WANIS shall pay all taxes, general or special, all
public rates, dutie·s and special assessment s of every kind which shall become due and payable or which are
to be assessed against or levied upon said LEASE
PREMISES, including the real estate or improvements
or personal property thereon, during the term of this
Lease Agreement.
VIII. OWNERSHIP OF IMPROVEMENTS
Upon expiration or termination of this Lease Agreement, for any reason, all right title and interest in and to all structures and :improvements made, erected or constructed upon the .LEASE l?REM"r$ES shall vest i.n CI.TY. KIWANIS shall execut e quitclaim for all structures and improvements to CITY
within thirty (30) days of termination of Lease Agreement.
J;X •. ASSIGNMENT AND SUBLETTING
Any trust deed, hypothecation, .en.cumbn1nce, subletting, or assignment of this Lease Agreement, or any part
thereof, or of the LEASE PREMISES or facility or any
part thereo;f, must fi:i:st be approved in writing by CITY.
X. COMl?LIAL'\ICE WITH LAWS AND REGULATIONS
KIWANIS agrees to maintain and operate LEASE PREMISES
in compliance with all laws, rules and regulations
applicable thereto. KIWANIS agrees that no improve
ments shall be erected, placed upon, operated, nor
maintained on LEASE J?REMISES, nor shall business be
conducted or carried on thereon, in violation of the
terms of this Lease Agreement, or any regulation, order - 3 -
o;i; l.aws�tatutes, by-laws, or ordlt:ices o;I; ll.ny
. 9overnmental a9ency havi n9 j u;i; isdiction thereover.
XI. . INl'JURANCE
The CITY shall not be liable at any time for loss,
damages or injury to the persons or property of any
person whomsoever at any time, occasioned by or arising out of any act or omission of the KIWANIS, or of anyone holding under KIWANIS, or the occupancy of LEASE PREMISES or any part thereof, by or under the KIWANIS, or directly or ;indirectly from any state or condition of LEASE
!?REMISES o r any part thereof during the term of this
Lease Agreement, except that caused by a negligent act
or omiss·ion of the C:J;T'X'.
K:J;WAN:J;/3 shall, throughout the term, at KIWANl:13 1 sole expense, procure and maintain in ;force, ;for the mutual benefit of C:J;TY and KIWANIS, comprehensive, .broad form, . general public liab;tlity insurance aginst claims and liab;i.l;tty for personal ;i.njury, .death or property damage arising from the use, occupancy, disuse, or condition o;f LEASE PREMISES, improvements or adjoining areas, pro
viding protection of at least $1,000,000.00 for bodily
injury or death to any one person, at least $3,000,000.00 ;for any one accident or occurrence, and at least
$250,000.00 for property damage. 13aid insurance shall
be primary and not contributing with any other insur
ance available to CI.TY. C:CTY and KIWANIS agree to
review the rates of i.nsurance every five Years at or
around the anniversary of this Lease Agreement to deter i:nine the changes, if any, in the required amounts of
said insurance. Two (2) copies of each insurance docu
ment shall be subi:nitted to CITY within sixty (60) days o;t; execution of this Lease Agreement and throughout
the te.ri:n of this Lease Agreement. Said insurance policy must include a requirement of thirty (30) days written
notice o;!; cancellation to the CITY.
KIWANIS shall procure fire insurance with extended
coverage in an amount equal to eighty percent (80%) of
the full insurable value o;f all structures on LEASE
):'RE.MISES and submit two (2) copies within sixty (60) days o;t; completi.on o;!; any major structure upon LEASE PRE.MlSES •. KIWANI/3 shall indemnify and hold harmless CIT'X' ,. its of;!;icers, agents and employees, from and against any and all claims, demands, loss, or liability of any kind or nature which CITY, its officers, agents, and employees may sustain or incur or whichmay be
imposed upon them or any of them for injury to, or death of, persons, or damage to property arising out of or in any manner connected with the negli9ence or lack of care of KIWANIS, its o;f;ficers, agents or employees in use of the LEASE PEEMI13ES.
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ClTX shall ;i.ndemn;i.J.;y and hold harmless KlWANlS, its office;i;s, agents and employees, from and against any
and all clain1s, demands, .loss or liability of any
kind or nature, .which l<IWANIS, its officers, agents
and employe.rs may suista;i.n or incur or which may be
imposed upon them or any of them for injury to, or
dec1th of, persons; or damage to property aris;i.ng out of or ;in any manne.r connected with the negligence or
lack of care of ClTY,. its officers, agents or employees in the use of the LEASE PREMlSES.
Xl:I. . DE:FAULT
Should KIWANIS, or anyone holding under KlHANJS,
default ;i.n the pe.rformance of; any covenant, condition or agreement herein conta;i.ned and such default is not corrected with;i.n a reasonable time after written
notice to i.t by ClTY, ai, speci:f;ied in Section 20, CITY may declare this Lea.se Agreement a.nd a.11 rights a.nd interest created the.reby to be terminated.
XIII. AMENDMENTS
This Lea.se Agreement sets forth all of the agreements
and understandings of the parties and is not :subject
to modification, except in writing. Pa.rties mutually
agree to meet at least every five years at or around
the anniversary date of thi:s Lea:se Agreement to review, amend, or otherwise modify the terms of this Lease
Ag;r;eement or at an earlier time mutually agreed upon
by the KlWANIS and CITY.
XI:V. MAJNTENANCE
KIWANIS agrees to repair and maintain, as reasonable
and nece::;sary, in good order and repair, all improve ments constructed on the LEASE PREMISES and to keep
said premises in a neat, .clean and orderly condition.
KIWANIS shall be responsible and assume all costs for
all such building maintenance required on LEASE PREMISES.
CITY shall be responsible and assume all costs to
provide grounds maintenance to LEASE PREMISES which
shall include grass mowing, weed abatement and other
landscape maintenance as required at LEASE PREMISES.
Grounds ma:i.ntenance shall not ;include costs for water or irrigation ;improvements or repairs which shall
remain the respons;i.b;i.l;i.ty of the KIWANIS. If KIWANIS fails to make reasonable and necessary repairs or
maintain proper maintenance of LEASE PREMISES and all
improvements erected thereon, KIWANIS shall be deemed
;in violation of thi:s Lease Agreement and the CITY .
shall have the rights :specified in Section XIX of this Lease Agreement.
XV. RIGHTS OF ACCESS
The CITX,. its agents and assigns, shall have the right - 5 -
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to enter into LEASE PREMISES and to enter upon LEASE
PREMIJ:lES and the structures thereon during reasonable operating hours for the purpose of examining and
inspecting the same in respect to the care and mainte
nance of LEASE PREMISES and the construction, repair
or rebuilding of the structures and improvements thereon.
XVI. . UTILTTIE$
A. KIWANIS shall be responsible and assume all costs
to provide necessary domestic water.delivery eystem, sanitary sewa<;re disposal line, electrical power, and natural gas to LEASE PREMISES. KIWANIS further agrees to pay,
prior to delinquent date, the fees charged to
KIWANIS ;!;or utilities supplied to LEASE PREMISES
including, .but not limited to, water, electricity,
. gas, telephone, .and sanitation charges.
XVII. NON-DISCRlMlNATION
KIWANIS agrees not to discriminate against any person
or class o;f; persons, by reason o;f; race, color, creed, or national origin in use o;f; LEASE PREMISES, but.shall make its accommodations and facility available to the
public on a fair, :ireasonable ar.,\ non-discriminatory basis.
XVll:C. REJ?RESENTATIVES
The ClTY and KIWANIS shall have the right to appoint
de.signated representatives to act as agents in meeting, conferring, reviewing and implementing the terms and
conditions of this Lease Agreement.
XIX. VIOLATION
In the event the KIWANIS is determined to have violated any of the terms and conditions of this Lease Agreement,
CI.TY shall have the follow;i.ng rights:
A. CITY shall give written notice of alleged viola
tion to KIWANIS. Such notice shall demand correc
tion and/or written reply showing cause for
violation or rebuttal to CITY's notice of violation.
B. K:CWANIS will have ten (10) calendar days from
receipt of CITY's notice to either eliminate
violation or reply to ClTY's notice.
c. If a written reply is received by CITY within the
ten (10) calendar days as designated above, CITY
will have an additional ten (10) calendar days
to determine if its demand should be withdrawn,
modified or is in order. In addition, it shall
notify the KIWANIS in writing of its decision and,
if cor;i;ective action is still required, allow
the KIWANIS thirty (30) calendar days to eliminate
the violation,
D. In the event the KIWANIS neither answers the CITY's
written notice of violation nor takes adequate
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corrective action, .CITY .hai. the :tight to take
the following actions;
1. Demand immediate public closure of facility
or i,ervice in which the violation occurs
until violation is corrected; or
2. Enter upon the LEASE PREMISES and make correc
tion, repair or maintenance required with all
costs connected to such CITY action being paid
by KIWANIS within thirty (30) days of final
billing by CITY; or at a reasonable time
mutually agreed upon by both parties; or
3. If actions 1 or 2 are not satisfactory or
practical, as determined by CITY, CITY has
the right to terminate this Lease Agreement ·and
has the right to· such. corrective action as des
cribed in Section XX of this Lease Agreement.
XX. TEJ:l,MINATION
This Agreement may be terminated only in the event of
violation o:f: the terms and conditions herein contained or at an earlier time mutually agreed upon by both
parties. Upon termination or expiration of this
Lease Agre.ement, .all fixtures and improvements made
to, .in or upon LEASED PREMISES, .whether made by the
KIWANIS, or any group holding under KIWANIS, shall
become the sole property of the CITY.
In the event any personal property is not removed
within sixty (60) days, after the expiration of this
Lease Agreement, or its termination for any other
reason, .the KIWANIS shall be deemed to have abandoned
to CITY said property. If CITY elects not to exercise
its option of having said property revert to CITY,.
CITY shall make written request to KIWANIS to remove
said property and KIWANIS shall have the obligation
to remove said property from LEASE PREMISES at the
convenience of CITY which shall be reasonable.
xxr . . BANKRUJ=>TCY
If this Lease Agreement or any interest therein is
subjected to garnishment or sale under any execution
of any suit or proceeding brought against or by
KIWANIS, or if the KIWANIS, or anyone holding under
the KIWANIS, is adjudged bankrupt or insolvent by any
court or upon the XIWANIS making an assignment for the
benefit of creditors, .the CITY may, at its option,
f·orthwith terminate this Lease Agreement upon written
notice thereof to the KIWANIS, and thereupon no one
but the CITY sh.all have any further rights hereunder.
XXII •. TIME
Time is of the es.sence of this Lease Agreement.
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IN W;J;TNESS WHEREOF, the
Lease A•;p:·eement th;Ls · · / t1 �-
ATTEST:
APPROVED AS TO FORM:
R. I<. F x
City Attorney
parties have hereto executed this
day of· �� · , 1980.
KIWANIS CLUB OF FULLERTON,
A Non-Profit Corporation
By:
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Office of the City Clerk
May 25, 2006
Fullerton Kiwanis Club
P. 0. Box 222
Fullerton, CA 92832
Enclosed is your signed original of the Amendment #2 Kiwanis Club Lease Agreement that was entered into with the City of Fullerton on May 16, 2006.
BW: mlk
Enclosures
/j
0fL '-?Y � �-
j/ Bev�rley White, CMC
City Clerk
303 West Commonwealth favenus, Fullerton, Ca!lfornia 92832-1775 (714) 738-6350 " Fox 4) 525-8071 " Web Sire: www,cLtu!!erton.ca<us AMENDMENT #2
KIWANIS CLUB
LEASE AGREEMENT
This Amendment is entered into, this�f!lA,\zt { L, , 2006 (the "Effective Date"), by and between the City of Fullerton, a municipa(orporation ("CITY"), and Kiwanis Club of Fullerton, a nonprofit corporation ("TENANT" or "KIWANIS"). CITY and TENANT are at times collectively referred to as the "Parties."
WITNESSETH
WHEREAS, CITY is the owner of certain public land located at 410 S. Richman Avenue in the City of Fullerton, County of Orange, and State of California commonly known as Kiwanis Youth Center, hereinafter referred as the "PROPERTY"; and WHEREAS, TENANT entered into a Lease Agreement ("Lease Agreement") with the CITY on August 6, 1980, including a Modification of the Lease Agreement, dated February 15, 1983, for the purpose of providing, for limited charitable use, the PROPERTY to youth-serving community agencies; and
WHEREAS, CITY and TENANT agree that TENANT has properly executed their option to extend their lease until August 6, 2030; and
WHEREAS, CITY and TENANT have agreed to amend the terms of the Lease Agreement by way of this amendment ("Amendment") to the Lease Agreement. In all other respects not modified herein, the terms of the Lease Agreement shall remain in effect. The term of this Amendment shall be the same as the Lease Agreement and shall be terminated or shall expire with the termination or expiration of the Lease Agreement. To the extent this Amendment modifies or conflicts with terms in the Lease Agreement, this Amendment shall control and shall supersede those modified or conflicting provisions of the Lease Agreement.
NOW, THEREFORE, in consideration of the promises and the respective and mutual agreements contained herein, said Parties hereby agree Lease Agreement is amended as follows:
Ill. RENT
TENANT agrees to pay to CITY rent in the amount of $1.00 per month upon approval of this Amendment. A rental payment shall be considered delinquent if not paid within fifteen (15) days of the date it is due and shall thereafter be subject to a $25 late fee.
IV. KIWANIS USE
Kiwanis Club Lease Amendment #2- 5/16/06
A. TENANT will schedule use of the facilities and provide the CITY with a monthly use calendar each quarter. The calendar will be available on the TENANT'S facility website. The CITY'S Director of Park and Recreation or his or her designee and the TENANT'S President or his or her designee will serve as the parties' contacts and will be available to meet quarterly, if determined necessary by either party, to review rules, regulations and operational procedures that pertain to use of the facilities on the PROPERTY. During these meetings, the TENANT will outline proposed site modifications and maintenance scheduled at the Property.
V. RECORDS AND ACCOUNTS
Kiwanis agrees, at its own expense, to file yearly a summary of usage of the property and financial reports with the City's Department of Parks and Recreation in such form, content and number as the Department shall specify. The financial reports shall be proof of solvency and reflect a present and complete financial position of the Kiwanis.
The usage and financial reports shall be submitted within sixty (60) days after the end of each fiscal year during the term of the lease agreement or any extension thereof.
XI. INSURANCE REQUIREMENTS
TENANT shall procure and maintain throughout the duration of this Agreement, insurance against claims for injuries to persons or damages to PROPERTY which may arise from or in connection with the TENANT's operations, and its occupancy of and use of the PROPERTY. TENANT shall provide current evidence of the required insurance in a form acceptable to the CITY and shall provide replacement evidence for any required insurance which expires prior to the completion, expiration or termination of this Agreement. CITY must be notified in writing of any changes made to any insurance policies at least thirty (30) days before the effective date of the change.
Nothing in this section shall be construed as limiting in any way the Indemnification and Hold Harmless clause contained herein in Section (XI), or the extent to which TENANT may be held responsible for payments of damages to persons or PROPERTY.
A. Minimum Scope and Limits of Insurance
1. Commercial General Liability Insurance. TENANT shall maintain commercial general liability insurance coverage in a form at least as broad as ISO Form #CG 001 ED. 11/88, with a limit of not less than $1,000,000 each occurrence.
If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit.
2. Business Automobile Liability Insurance. TENANT shall maintain business automobile liability insurance coverage in a form at least as broad as ISO Kiwanis Club Lease Amendment #2- 5/16/06
Form # CA 000 T ED. 6/92, with a limit of not less than $1,000,000 each accident. Such insurance shall include coverage for owned, hired and non owned automobiles.
3. All Risk PROPERTY Insurance. TENANT shall maintain all risk PROPERTY insurance including coverage for all of TENANT improvements or betterments on the PROPERTY, with a minimum limit equal to full replacement cost as approved by the CITY of the leased PROPERTY and all improvements and with no coinsurance penalty provision.
B. Deductibles and Self-Insured Retentions
Any deductible or self-insured retention must be declared in advance to and approved by the CITY.
C. Other Insurance Provisions
The required insurance policies shall contain or be endorsed to contain the following provisions:
1. Commercial General Liability and Business Automobile Liability The CITY, its elected or appointed officials, officers, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of TENANT's operation or the ownership, occupancy, maintenance, or use of the leased PROPERTY; or with respect to liability arising out of automobiles owned, leased, hired, or borrowed by or on behalf of the TENANT. The coverage shall contain no special limitations on the scope of its protection afforded to the CITY, its officials, officers, employees, agents and volunteers.
2. Commercial General Liability and Business Automobile Liability This insurance shall be primary insurance as respects the CITY, its officials, officers, employees, agents and volunteers and shall apply separately to each insured against whom a suit is brought or a claim is made. Any insurance or self insurance maintained by the CITY, its officers, employees and volunteers shall be in excess of this insurance and shall not contribute with it.
3. All Risk PROPERTY
CITY shall be named as loss payee.
4. All Coverages
Each insurance policy required by this Section X shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in Kiwanis Club Lease Amendment #2- 5/16/06
coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the CITY.
D. Acceptability of Insurers
All required insurance shall be placed with insurers acceptable to the CITY with current BEST'S ratings of no less than B+, Class X. All insurers shall be licensed by or hold admitted status in the State of California. At the sole discretion of the CITY, insurance provided by non-admitted or surplus carriers with a minimum BEST'S rating of no less than A- Class X may be accepted if TENANT evidences the requisite need to the sole satisfaction of the CITY.
E. Verification of Coverage
TENANT shall furnish the CITY with certificates of insurance which bear original signatures of authorized agents and which reflect insurers' names and addresses, policy numbers, coverage, limits, deductibles, and self-insured retentions.
Additionally, TENANT shall furnish certified copies of all policy endorsements required herein. All certificates and endorsements must be received and approved by CITY before effective date of this Amendment. The CITY reserves the right to require at any time complete, certified copies of any or all required insurance policies and endorsements.
XIV. MAINTENANCE
A. The Kiwanis will be responsible and assume all costs for grounds maintenance to Lease Premises which shall include grass mowing, weed abatement and other landscape maintenance as required at Lease Premises.
XXIII. INDEMNIFICATION
TENANT agrees to accept the PROPERTY "as is," in its existing condition. TENANT shall defend, indemnify, save and hold harmless the CITY, its elected officials, officers, employees, agents and volunteers, from and against any and all damages to PROPERTY or injuries or death of any person or persons, including injuries or death to officials, officers, employees, agents or volunteers of the CITY, and shall defend, indemnify, save and hold harmless the CITY, its elected officials, officers, agents, employees, and volunteers, from and against any and all claims, demands, suits, actions or proceedings of any kind or nature, resulting from, arising out of, or in any way related to, the acts, errors or omissions of TENANT, its officers, employees, agents, volunteers or subcontractors, in the performance of this Agreement or otherwise related to TENANT's occupancy and use of the PROPERTY.
The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by TENANT, its officers, employees, agents, volunteers or subcontractors, but shall be required whenever any claim, demand, suit, action or Kiwanis Club Lease Amendment #2- 5/16/06
proceeding of any kind or nature asserts liability against CITY, or its elected officials, officers, employees, agents or volunteers, related to TENANT's occupancy and use of the PROPERTY or to this Agreement, whether or not TENANT, its officers, employees, agents, volunteers or subcontractors are specifically named or otherwise asserted to be liable.
Notwithstanding the foregoing, nothing herein shall be construed to require TENANT to indemnify CITY from any claim arising from the sole active negligence or willful misconduct of the CITY.
XXIV. CAPITAL IMPROVEMENT PROJECT
TENANT will complete the improvements described in Attachment A - Kiwanis Youth Park Improvement Plan of this Amendment (the "Improvement Plan"). All improvements must meet city, state, and federal regulations. All plans and specs must be submitted and approved by the CITY prior to beginning construction. TENANT must complete phase I of the improvements contained in the "Improvement Plan" and obtain a certificate of occupancy for that phase within six (6) months after approval of the building permits.
At the completion of phase I, TENANT and CITY will meet to determine a completion date for phase II. Al the completion of phase II, TENANT and CITY will meet to determine a completion date for phase Ill. At the completion of phase 111, TENANT and CITY will meet to determine a completion date for phase IV. The completion dates for phases 11, 111, and IV will be put in writing and made a part of this Agreement.
XXV. PERMITS AND LICENSES
TENANT shall be required to obtain any and all approvals, permits and/or licenses which may be required in connection with its operations on the PROPERTY, or in connection with any improvements it may construct on the PROPERTY, specifically including but not limited to the improvements specified in the Improvement Plan. No permit, approval or consent given hereunder by CITY in its governmental capacity shall affect or limit TENANT's obligations hereunder, nor shall any approvals or consents given by CITY, as a party to this Agreement, be deemed approval as to compliance or conformance with applicable governmental codes, laws, ordinances, rules, or regulations including health and safety.
XXVI. NOTICES
CITY
Parks and Recreation Department
City of Fullerton
303 W. Commonwealth Ave.
TENANT
Fullerton Kiwanis Club
P.O. Box 222
Fullerton, CA 92832
Kiwanis Club Lease Amendment #2- 5/16/06
Fullerton, CA 92832
(714) 738-6575
(800) 540-2727
XXVII. REFERENCE TO "LEASE AGREEMENT" AND "AMENDMENT"
The use of the terms "Lease Agreement" and "Amendment" are used herein for the convenience of reference between the two documents governing the Parties' agreement as to the use of the Property. These terms shall be interchangeable and not mutually exclusive, to the extent that they refer to the whole of the obligations and rights of the Parties relating to the Property or to the term of all of the obligations and rights under the Lease Agreement, as modified or replaced by the Amendment. Similarly, the term "Agreement" shall refer to the whole of the obligations and rights of the Parties relating to the Property or to the term of all of the obligations and rights under the Lease Agreement, as modified or replaced by the Amendment.
IN WITNESS WHEREOF, the parties have executed this lease amendment the day and year first above written.
CITY OF FULLERTON
A Municipal Corporation
. .
Leland Wilson, Mayor
ATTEST
Beverley White, City Clerk
TENANT
Fullerton Kiwanis Club
APPROVED AS TO FORM
�-Richard.-JDtIBsPcity Attorney
Kiwanis Club Lease Amendment #2- 5/16/06
ATTACHMENT A - Kiwanis Youth Park Improvement Plan
Phase I
Demolish existing restroom facility, rebuild new restroom, and build additional storage near/within new restroom facility.
Phase II
Demolish existing concrete patio near and install new hardscape. Replace all or a portion of the perimeter fence.
Phase Ill
Grade remaining open space, install new irrigation, and re-sod where applicable.
Phase IV
Extend existing patio cover near Scout Hut. Expand existing storage near Scout Hut. Construct a new basketball court.