Fullerton Community Nursery School
lEASE AGREEMENT
This Agreement (" AGREEMENT" or " LEASE") IS entered Into, this July 1, 2009 ( the " Effective Date"), by and between the City of Fullerton, a municipal corporation ( hereinafter " CITY"), and the Fullerton Community Nursery School., a California public benefit corporation ( hereinafter " TENANT" or FCNS")
RECITALS
WHEREAS, TENANT entered Into a sublease with the Children' s League of Fullerton In 1963 to use and occupy a portion of that certain parcel of public land located In the Brea Dam Flood Control BaSin, at 2050 Youth Way, in the City of Fullerton, County of Orange, and State of California hereinafter the " PROPERTY"), for the purposes of operating and managing the facility The PROPERTY IS described in greater detail In the documents attached hereto as Attachment A Assessor' s Map 028- 050- 36) of which IS incorporated by this reference; and WHEREAS, the Children' s League' s leasl'l with the City was terminated in 2006 and the TENANT continued to operate on the property as a hold over tenant WHEREAS, TENANT Wishes to continue to occupy the PROPERTY to prOVide early childhood education, and
NOW, THEREFORE, in consideration of the promises and the respective and mutual agreements contained herein, said parties hereby agree as follows:
I. PROPERTY
City hereby Leases the facllllies commonly referred as the Fullerton Community Nursery School on the PROPERTY to TENANT subject to the terms of this Agreement. TENANT has had an opportunity to thoroughly inspectthe PROPERTY, and accepts " as is," in its existing condition. The PROPERTY does not include the parking lots.
II USE
For consideration herein described, TENANT' s use of all parcels of the PROPERTY shall be for public park and recreational purposes, and for the purpose of prOViding an accredited early childhood education program.
No human habitation shall be permitted on the PROPERTY This will not be construed to prohibit TENANT from providing properly designed and approved guard stations for night watch persons or other patrol.
III. LIMITATION OFTHE LEASEHOLD
This AGREEMENT and the rights and privileges granted TENANT In and to the PROPERTY are subject to all covenants, conditions, restrictions, and exceptions of record or apparent. Nothing contained in this AGREEMENT or in any document related hereto shall be construed to Imply the conveyance to TENANT of fights in the PROPERTY which exceed those owned by CITY Fullerton Community Nursery School Lease Agreement
That the provisions of that certain License Agreement entered into between The Umted States Department of the Army) and The City of Fullerton on December 1, 1959, and any of Its supplemental agreements ( hereinafter collectively referred to as the " LIcense Agreement"), are Incorporated into this AGREEMENT as If set out in full and TENANT is bound by and subject to each of said terms and conditions A copy of the License Agreement is attached as Attachment C. If a conflict eXists between said license Agreement and this AGREEMENT, the terms of the License Agreement shall prevail. TENANT affirms that they have had an opportunity to revIew the License Agreement with their own counsel, and agree to abide by its terms.
IV. PAYMENTS
TENANT shall pay CITY the sum of $ 1, 619 per month in rent for the first term this Agreement.
Monthly rent includes $ 1 ,366 in base rent and $ 253 for the capital improvement fund Base rent will Increase on July 1
st
of each year by 3% per Attachment B ( Rent Calculation) of thiS Agreement The capital improvement fund Will adjust annually based on the number of years capitalized for each improvement per Attachment B ( Rent Calculation) of this Agreement.
Pa~ ments shall be due on July 1stof each year and will be considered delinquent If not paid by July 15t . At each five- year term, maintenance costs Will be reviewed for potential adjustments.
V. TERM
A. Initial Term
The term of this TENANT shall commence on the Effective Date as shown on Page One ( 1) of this Agreement and remains in effect for a period of five ( 5) years, unless terminated sooner pursuant to Section VI or XI
B. ExtenSion of Term
The term of this TENANT may be extended, with mutual agreement between the CITY and FRR, for two ( 2) additional five ( 5) year terms at the conclusion of the initial term Each five- year term Will automatically be extended, unless either party submits in writing otherwise to the other party Within six ( 6) months of the end of the prevIous five- year term The terms and conditions of thiS agreement shall remain in effect throughout the duration of the initial term and any extension unless amended pursuant to Section XIII of thiS Agreement VI. TERMINATION
Throughout the Term this AGREEMENT may be terminated by either party by proViding twelve ( 12) months written notice to the other party of its Intention to terminate, CITY may also terminate the AGREEMENT as provided In Section XI.
VII SUBLEASE OR ASSIGNMENT
Any sublease or assignment of TENANT' s interest in the PROPERTY or any part or portion thereof IS prohibited without the CITY' s written consent. Any attempted sublease or assignment without the CITY' s written consent shall be null and void and shall be cause for immediate termination of this AGREEMENT and shall confer no right, tille, or Interest In or to thiS AGREEMENT, Fullerton Community Nursery School Lease Agreement
VIII. MAINTENANCE AND IMPROVEMENTS OF PROPERTY
City will provide building maintenance, facility capital repair and landscape maintenance. Building maintenance Includes general maintenance to the buildings and fixtures and does not include maintenance of equipment, data and telephone lines or personal properly. Facility capital repair includes scheduled replacement of the roof, flooring, exterior and interior painting and the HVAC system Landscape maintenance InclUdes irrigation repair and replacement, tree trimming, rodent control, and maintenance of plants and shrubbery. Landscape maintenance ofthe playground areas within the fenced yards of the FCNS property IS not Included with the exception of tree trimming and rodent control. TENANT is finanCially responsible for maintenance of the playground and playground amenities.
TENANT shall not make or cause any substantial alterations or Improvements to be made In or on the PROPERTY without first obtaining the written approval of the CITY and the United States of America. TENANT shall obtain all applicable Federal, State and local permits and approvals before any alterations or improvements are made to the PROPERTY. All improvements affixed to the PROPERTY by TENANT shall become the property of CITY.
IX. 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, occupancy of and use of the leased premises. 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.
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 the 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 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. Host Liquor Liability. TENANT shall maintain a host liquor liability policy With a limit of not less than $ 1, 000, 000 per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to the Agreement or shall be twice the required occurrence limit. ( ThiS coverage is not reqUired if TENANT shall not sell, serve or distnbute alcohol beverages on or from the leased premises)
4. Workers' Compensation and Employers' liability Insurance. TENANT shall maintain workers' compensation insurance as required by the State of California and employers' liability insurance with limits of not less than $ 1, 000, 000 each accident Fullerton Community Nursery School Lease Agreement
5 All Risk Property Insurance. TENANT shall maintain all fisk property insurance Including coverage for tenant Improvements or betterments with a minimum limit equal to full replacement cost as approved by the CITY of the leased premises and with no coinsurance penalty provision
B. Deductibles and Self- Insured Retentions
Any deductible or self- insured retention must be declared 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, BUSiness Automobile Liability and Host Liquor liability.
This insurance shall be primary insurance as respects the CITY, its officers, employees 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 excess ofthis insurance and shall not contribute with it.
2. All Risk Property
CITY shall be named as a loss payee
3. Workers' Compensation and Employers' Liability Insurance Insurer shall waive their fight of subrogation against CITY, its officers, employees and volunteers for work done on behalf of the CITY
4. All Coverages.
Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled, except after thirty ( 30) days' prior written notice by certified mail, return receipt requested, has been given to the CITY.
D. AcceDtabilitv of Insurers
All reqUired insurance shall be placed With Insurers acceptable to the CITY with current BEST' S ratmgs of no less than B+, Class X. Workers' compensation insurance may be placed With the California State Compensation Insurance Fund. All insurers shall be licensed by or hold admitted status In the State of California. At the sole discretion ofthe 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 CoveraQe
TENANT shall furnish the CITY With certificates of Insurance which bear original signatures of authonzed 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 TENANT occupies premises The CITY reserves the Fullerton Community Nursery School Lease Agreement
right to require at any time complete, certified copies of any or all required Insurance policies and endorsements.
X. INDEMNIFICATION
TENANT agrees to accept the PROPERTY " as is," in its existing condition. The TENANT shall indemnify, defend, and hold harmless the CITY, and its officers, employees, and agents (" CITY Indemnitees"), from and against any and all causes of actions, claims, liabilities, obligations, judgments, or damages, Including reasonable attorneys' fees and costs of litigation (" claims"), ariSing our of TENANT' S occupation of the property or out of the operalion of ItS pre- school program, except for such loss of damage arising out of the sole negligence or willful misconduct of the CITY In the event the CITY Indemnitees are made a party to an action, lawsuit, or other adversarial proceeding arising from TENANT' S occupalion of the property or out of the operation of ItS pre- school program the TENANT shall provide a defense to the CITY Indemnitees or at the CITY' S option reimburse the CITY Indemnitees their costs of defense, including reasonable attorneys' fees, incurred in defense of such claims.
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, demands, SUitS, actions or proceedings of any kind or nature asserts liability against the Indemnitees, 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.
XI DEFAULT IN TERMS OF THE AGREEMENT BY TENANT
Should TENANT default in the performance of any covenant, condition, or agreement contained in this AGREEMENT and such default is not corrected within a reasonable period of time, not to exceed thirty (30) days, after TENANT receives written notice of default from CITY, CITY may.
A. Terminate this AGREEMENT All rights of TENANT and those who claim under TENANT, stemming from thiS AGREEMENT, shall end at the time of such termination; or
B At CITY' s sole option, correct any such default by performance of any act, Including payment of money, and bill TENANT for the cost thereof plus reasonable administrative costs.
C. In addition to the above, pursue any other remedies available at law or in equity Notwithstanding the terms of set forth above, if the default cannot reasonable be corrected within thirty ( 30) days TENANT shall not be subject to the remedies set forth above if TENANT commences its cure within thirty ( 30) days and diligently pursues such cure thereafter.
XII. COSTS OF SUSTAINING AN ACTION FOR BREACH OR DEFAULT In the event either CITY or TENANT commences legal action against the other claiming a breach or default of this AGREEMENT, the prevailing party in such Iiligation shall be enlitled to recover from the other costs of sustaining such action, including reasonable attorney fees, as may be fixed by the court
Fullerton Community Nursery School Lease Agreement
XIII. AMENDMENTS
This AGREEMENT sets forth all of the agreements and understandings of the parties and any modification shall be in writing and properly executed by both parties XIV. NOTICES
All notices pursuant to this AGREEMENT shall be addressed as set forth below or as either party may hereafter designate be written notice and shall be sent through the Untied States mall
CITY TENANT
Parks and Recreatron Department
City of Fullerton
303 W. Commonwealth Ave.
Fullerton, Ca 92832
714) 738- 6575
Executive Director
Fullerton Community Nursery School
2050 Youth Way
Fullerton, CA 92835
714) 525- 1251
XV. TAXES AND ASSESSMENTS
This AGREEMENT may create a possessory Interest pursuant to Revenue & Taxation Code section 107. 6 which is subject to the payment of taxes levied on such interest. It is understood and agreed that all taxes and assessments ( including but not limited to said possessory interest tax) which become due and payable upon the PROPERTY or upon fixtures, equipment, or other property installed or constructed thereon, shall be the full responsibility of the TENANT, and TENANT shall cause said taxes and assessments to be paid promptly
XVI UNLAWFUL USE
TENANT agrees no improvements shall be erected, placed upon, operated, nor maintained within the PROPERTY, nor any business or activities conducted or carned on therein or therefrom, in violation of the terms of this AGREEMENT or of any federal, state or local law or regulation.
XVII. INSPECTION
CITY or its authorized representative shall have the right at all reasonable times to inspect the PROPERTY to determine if TENANT is in compliance with the proviSions of this AGREEMENT, or for any other reasonable purpose.
XVIII PERMITS AND LICENSES
TENANT shall be required to obtain any and all approvals, permits andlor licenses which may be required IfI connection with its operations on the PROPERTY, or In connection with any improvements it may construct on the PROPERTY. 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
Fullerton Community Nursery School Lease Agreement
XIX HAZARDOUS MATERIALS
As used herein the term " Hazardous Material" means any hazardous or toxic substance, material or waste which IS or shall become regulated by any govemmental entity, including without limitation, CITY acting in its governmental capacity, the State of California or the Umted States Government.
A TENANT shall not cause or permit any Hazardous Material to be brought upon, kept or used in or about the PROPERTY, except as may specifically authorized by CITY in writing. Any such authonzation by CITY shall not alter or reduce TENANT' s obligations under this section, including but not limited to its duty to Indemnify and defend CITY, for any contaminations which may occur as a result of TENANT' s use of the authorized material. In light of the preceding limitations, CITY hereby authorizes TENANT' s use of maintenance supplies on the PROPERTY
B. IfTENANT breaches the obligations stated herein, or if contamination ofthe PROPERTY by Hazardous Materials otherwIse occurs for which TENANT IS legally liable to CITY for damage resulting therefrom, then TENANT shall indemnify, defend and hold CITY harmless from any and all claims, Judgments, damages, penalties, fines, costs, liabilities or losses including without limitation, diminution in value ofthe PROPERTY, damages for the loss or restriction on use of rentable or usable space or any amenity of the PROPERTY, damages arising from any adverse Impact on marketing of space In the PROPERTY or portion of any building of which the PROPERTY is a part, and sums paid In settlement of claims, attorneys fees, consultant fees and expert witness fees) which arise dunng or after the term as a result of such contamination.
C. This indemnification includes without limitation, costs incurred by CITY in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by any federal, state or legal governmental entity because of Hazardous Material being present In the soil or ground water or under the PROPERTY. TENANT shall promptly take all actions at its sole cost and expense as are necessary to clean, remove and restore the PROPERTY to lis condition prior to the introduction of such Hazardous Matenal by TENANT, provided TENANT shall first have obtained CITY' s approval and Ihe approval of any necessary governmental entitles
D. Pre- Exisllng Contamination
CITY hereby agrees to indemmfy, defend and hold TENANT harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities, known or unknown, ariSing from any pre- existing SOil contamination or other pre- existence of any Hazardous Material on the PROPERTY prior to the date TENANT originally began to occupy the PROPERTY, including but not limited to any sums paid In settlement of claims, attorneys fees, consultant fees and expert witness fees which anse dunng or after the AGREEMENT term and ansing solely from such pre- existing contamination, if any
xx DAMAGE TO OR DESTRUCTION OF IMPROVEMENTS
In the event of damage to or destruction of TENANT - constructed buildings, facilities, or Improvements located within the PROPERTY or In the event TENANT- constructed buildings, faCilities, or improvements located within the PROPERTY are declared unsafe or unfit for use or occupancy by a public entity with the authority to make and enforce such declaration, TENANT shall, Within thirty ( 30) days, commence and diligently pursue to completion the repair, replacement, or Fullerton Community Nursery School Lease Agreement
reconstruction of improvements to the same size and floor area as they existed Immediately pnorto the event causing the damage or destruction, as necessary to permit full use and occupancy of the PROPERTY for the purposes reqUired by the AGREEMENT Notwithstanding the foregoing, In the event the TENANT constructed buildmgs, facilities or improvements are so substantially and catastrophically damaged such that the PROPERTY can no longer reasonably be used or occupied by TENANT for Its intended purpose, then in such case TENANT shall have one hundred and twenty ( 120) days from the date of such event to commence and diligently pursue to completion the repair, replacement, or reconstruction of those damaged Improvements as outlined above Repair, replacement, or reconstruction of improvements within the PROPERTY shall be accomplished in a manner and according to plans approved by CITY, in its reasonable discretion.
Except as othelWise provided herein, terminallon of this AGREEMENT shall not reduce or nullify TENANT' s obligation under this paragraph. With respect to damage or destruction to be repaired by CITY or which CITY elects to repair, TENANT waives and releases its rights under California Civil Code Sections 1932( 2) and 1933( 4).
XXI UTILITIES
During the Term of this AGREEMENT, TENANT shall be responsible for and pay all charges for utilities supplied to the PROPERTY.
XXII. PUBLIC RECORDS
Any and all wntten information submitted to and/ or obtained by CITY from TENANT or any other person or entity having to do With or related to this AGREEMENT and/ or the PROPERTY, either pursuant to this AGREEMENT or othelWise, at the option of CITY, may be treated as a public record open to Inspecllon by the public pursuant to the Califomia Public Records Act ( Government Code Section 6250, et seq ) as now in force or hereafter amended, or any Act in substitution thereof, or othelWlse made available to the public TENANT hereby waives, for itself, its agents, employees, subtenants and any person claiming by, through or under TENANT, any right or claim that such information is not a public record or that the same IS a trade secret, or confidenllal, or not subject to inspecllon by the public, includmg without limitation reasonable attorneys' fees and costs XXIII. RESERVATION TO CITY
A The PROPERTY IS accepted " as IS" and, thereby, TENANT is subject to any and all existing easements and encumbrances In addlllon, CITY reserves the right to Install, lay, construct, maintain, repair and operate such sewer lines, drain lines, laterals, manholes and utilities water, oil, gas, telephone and power) and all appliances and appurtenances necessary or convenient in connection with, in, over, upon, through across, under and along the PROPERTY or any part thereof, and to enter the PROPERTY for any and all such purposes.
CITY also reserves the right to grant franchises, easements, nghts- of- way, and permits in, over, upon, through, across, under, and along any and all portions of the PROPERTY. No right reserved by CITY in the Paragraph shall be so exercised as to Interfere unreasonably with TENANT' S operallons hereunder or to impair the security of any secured creditor of TENANT Except in the event of an emergency, CITY shall provide thirty (30) days advanced written notice of CITY' s exercise of its reservallon of nghts. For purposes of this Paragraph, unreasonable interference is defined as the mability to operate Its preschool due to nOiSe, noxious odor or physical access to Property between the hours of 900 a m and 12' 00 p m.
Monday through Friday from the months of September and May Fullerton Community Nursery School lease Agreement
B. CITY agrees that rights granted to third parties by reason of this Paragraph shall contain provIsions that the surface of the land shall be restored as nearly as practicable to its original condrlion upon the completion of any construction, excepting those portions required for the slope remediation project.
XXIV. HOLDING OVER
In the event TENANT shall continue in possession of the leased PROPERTY after the term of this AGREEMENT, such possession shall not be considered a renewal of his AGREEMENT, but a tenancy from month to month and shall be governed by the conditions and covenants contained in this AGREEMENT or provided by law.
XXV. CITY' S RIGHT TO RE- ENTER
TENANT agrees to yield and peaceably deliver possession of the PROPERTY to CITY on the date of termination of thiS AGREEMENT, whatsoever the reason for such termination. Upon giving written notice of termination to TENANT, CITY shall have the right to re-enter and take possession of the PROPERTY on the date such termination becomes effective without further notice of any kind and without institution of summary or regular legal proceedings. Termination of the AGREEMENT and re- entry of the PROPERTY by CITY shall In no way alter or diminish any obligation of TENANT under terms of the AGREEMENT and shall not constitute an acceptance or surrender.
TENANT waives any and all rrght of redemption under any existing or future law or stature In the event of eviction from or dispossession of the PROPERTY for any lawful reason or in the event CITY re- enters and takes possession of the PROPERTY In a lawful manner XXVI. AUTHORITY OF TENANT
If TENANT IS a corporation, each individual executing this AGREEMENT on behalf of said corporation represents and warrants that he is duly authorized to execute and deliver thiS AGREEMENT on behalf of said corporation, in accordance With the by-laws of said corporation, and that thiS AGREEMENT IS binding upon said corporation
XXVII RELATIONSHIP OF PARTIES
The relationship of the parties hereto is and shall at all times remain that of Lessor and Tenant It is expressly understood and agreed that by executing this AGREEMENT and allOWing TENANT to take possession of the PROPERTY, CITY does not in any way or for any purpose become a partner of TENANT, or otherwise establish a joint venture between CITY and TENANT XXIII. ATTACHMENTS
This AGREEMENT Includes the following, which are attached hereto and made a part hereof:
Attachment A - Assessors Map for PROPERTY
Attachment B - Rent Schedule
Attachment C - License Agreement between City and United States of America Fullerton Commumty Nursery School Lease Agreement
IN WITNESS WHEREOF, the parties have executed this license the day and year first above written
CITY OF FULLERTON
A Municipal Corporation
TENANT
Fullerton Community Nursery School
M 0" Vuvl-/
Don Bankhead, Mayor
ATTEST APPROVED AS TO FORM
Beverley Whrte, City Clerk Jones, City Attorney
Fullerton Community Nursery School Lease Agreement
IN WITNESS WHEREOF, the parties have executed this license the day and year first above written
CITY OF FULLERTON
A Municipal Corporation
TENANT
Fullerton Community Nursery School
Don Bankhead, Mayor Executive Director
ATTEST APPROVED AS TO FORM
G-~~
Beverley White, City Clerk Richard D Jones, Crty Attorney Fullerton Community Nursery School Lease Agreement
Attachment A
Assessor' s Map for Parcel
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Child Guidance Center and Fullerton Community Nursery S'chool Rent Calculation
Rent ner' BUlldinQ Sauare FootaQe
Occupant Occupancy Proposed Monthlv Rent- Year 1 Total Rent Areas Main!. Imnrovements Admin AG/ Stonn Month Annual
Child Guidance Center 6, 623 $ 2, 997, 62 $ 490.02 $ 149. 88 $ 904. 39 $ 4, 541. 91 ECP Room 1,-100 $ 497. 87 $ 81. 39 $ 24. 89 $ 150. 21 $ 754. 36 Communitv Room 400 $ 18104 $ 29. 60 $ 9. 05 $ 54. 62 $ 274. 31 Total 8, 123 $ 3, 676. 53 $ 601. 00 $ 183. 83 $ 1 109. 22 $ 5, 570. 58 $ 66 847 Community Nursery School 2, 412 $ 1, 037. 1'0 $ 178.46 $ 54. 58 $ 0. 00 $ 1, 270. 15 Community Room 400 $ 171. 99 $ 29. 60 $ 905 $ 29. 67 $ 240. 30 Conim Room' Office 126 $ 54. 18 $ 9. 32 $ 2. 85 $ 000 $ 66. 35 Kitchen , 80 $ 34.40 $ 5. 92 $ 1. 81 $ 0. 00 $ 42. 13
Total 3, 018 $ 1, 297. 67 $ 223. 30 $ 68. 30 $ 29. 67 $ 1, 618. 93 $ 19,427 Grand Total 11141 $ 4, 974. 20 $ 824. 30 $ 252. 13 $ 1, 138. 89 $ 7, 189. 51 $ 86, 274 Fees I Years Annual Monthlyl
Actual I Cao. per SQ' Der scI'
Bldg. Maintenance $ 40, 280 $ 3. 615 $ 0. 301
Facility Capital Repair $ 16, 230 $ 1.457 $ 0. 121
LandscaDinn $ 4, 000 $ 0. 359 $ 0. 030
OnnOlnn Subtotal $ 60, 510 $ 5.431 $ 0.453
Admmlstration 5% $ 0. 272 $ 0. 023
Improvements Comoleted bv City
Roof ( 15 yrs) 72, 265 4, 818 $ 0.43 $ 0. 04
Landscaping & signs (3 yrs) 7, 722 2, 574 $ 023 $ 0. 02 Paint 110 vrs) 25, 000 2, 500 $ 0. 22 $ 0. 02
Imnrovements Subtotal $ 0. 69 $ 0. 07
AC & Stonn Drain 44, 600
eGC - AC ( 3 yrs) 21, 932 7, 311 $ 0. 90 $ 0. 07
Stonn Drain ( 3 yrs) 18, 000 6, 000 $ 0. 74 $ 0. 06
FCNS - AC / 3 vrs) 1, 068 356 $ 0, 89 $ 0. 07
Rent for FCNS $ 6. 32 $ 0. 53
Rent for CGC $ 7. 96 $ 060
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Child Guidance Center and Fullerton Community Nursery School Rent Calculation
Occupant Prooosed Monthlv Rent - Year 2 Annual ProDosed Monthlv Rent - Year' 3 Annual Areas Malnt ImDrov. Admin ACiStorm Total Rent Malnt ImDnDV. Admin ACIStorm Total Rent Child Guidance Center 8, 123 3, 787 619 189 1, 142 $ 5, 738 $ 68, 852 3, 900 638 195 1, 177 $ 5, 910 $ 70. 918 Nurse"' School 3. 018 1337 230 70 31 $ 1 667 '$ 20, 010 1, 377 237 72 31 $ 1. 718 $ 20, 610 Grand Total 11141 5123 849 250 1173 $ 7, 405 $ 88, 862 5, 277 874 267 1, 208 $ 7, 627 $ 91, 528 Occupant ProDosed MonthlY Rent - Year 4 Annual Proposed Monthlv Rent - Year 5 Annual Areas Maint ImDrev Admin Total Rent Malnt Ilmnrov. Admin Total Rent Child Guidance Center 8, 123 4. 017 491 201 $ 4, 709 $ 56, 510 4. 138 506 207 $ 4, 850 $ 58, 205 Nurserv School 3018 1418 182 75 $ 1, 675 $ 20, 100 1461 188 77 $ 1. 725 $ 20, 703 Grand Total 11141 5,435 673 276 $' 6, 384 $ 76, 610 5, 599 693 284 $ 6, 576 $ 78 908 Occupant prooosed Monthlv Renl- Year 6 Annual ProDosed Month v Rent - Year 7 Annual Areas Maint Imorov. Admin Total Rent Maint Imnrov. Admin Total Rent Child Guidance Center 8, 123 4, 262 521 213 $ 4, 996 $ 59, 951 4, 390 536 219 $ 5, 146 $ 61, 750 NUf$ erv School 3018 1504 193 79 $ 1, 777 $ 21 324 1549 199 82 $ 1, 830 $ 21. 964 Grand Total 11141 5, 766 714 292 $ 6, 773 $ 81 275 5, 939 736 301 $ 6,976 $ 83, 713 Occupant ProDosed MonttifvRent - Year 8 Annual Proposed Monthly Rent - Year 9 Annual Areas Malnt Imnrov. Admin Total Rent Maint ImDrov. Admin Total Rent Child Guidance Center 8, 123 4, 522 552 226 . $ 5, 300 $ 63, 602 4, 667 569 233 $ 5, 459 $ 65, 510 Nurserv School 3018 1, 596 205 84 $ 1885 $ 22, 623 1, 644 211 87 $ 1 942 $ 23, 301 Grand Total 11., 141 6, 118 758 310 $ 7. 185 $ 86, 225 6301 780 319 $ 7 401 $ 88811 Occupant ProDosed MonthlY Rent - Year 10 Annual ProDOSed Monthl Rent - Year 11 Annual Areas Mainl ImonDv. Admin Tolal Rent Maint ImDnDv. Admin Total Rent Child Guidance ' Center 8, 123 4, 797 521 240 $ 5, 558 $ 66, 690 4, 941 536 247 $ 5, 724 $ 68, 691 Nurserv School 3, 018 1, 693 152 89 $ 1, 935 $ 23; 215 1, 744 157 92 $ 1 993 $ 23, 912 Grand Total 11. 141 6490 673 329 $ 7.492 $ 89 906 6685 693 339 $ 7, 717 $ 92, 603 Citv Imnrovements Year 4 CGC FCNS Year 10 CGC FCNS
Roof ( 15 yrs) $ 0. 04 $ 319. 86 $ 118. 84 $ 0. 05 $ 381. 93 $ 14190 Landscaping ( 3 yrs) $ 0. 02 $ 165. 91 $ 61. 64
Paint ( 10 vrs1 $ 0.02 $ 161. 15 $ 59 87 $ 0. 02 $ 65.42 $ 65.42 Fullerton Community Nursery School Lease Agreement
Attachment C
Agreement between City and United States