Loading...
HomeMy WebLinkAbout2017-12-05; City Council; Resolution 2017-225RESOLUTION NO. 2017-225 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, RATIFYING THE FIRST AMENDMENT TO THE LEASE AGREEMENT WITH METROPOLITAN AREA ADVISORY COMMITTEE ON ANTI-POVERTY IN SAN DIEGO COUNTY, INC. DBA MAAC PROJECT TO OPERATE A PRESCHOOL AT THE CITY-OWNED PROPERTY LOCATED AT 3368 EUREKA PLACE AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE LEASE AGREEMENT AND THE SUBSEQUENT EXTENSION OPTION FOR THE FINAL YEAR. WHEREAS, on June 17, 2014, the city entered into a three-year Lease Agreement with Metropolitan Area Advisory Committee on Anti-Poverty In San Diego County, Inc. ("MAAC Project"), to lease and operate a preschool facility located 3368 Eureka Place by Resolution No. 2014-141; and WHEREAS, MAAC Project has requested to exercise the first of theirtwo (2), one-year extension options, leaving one remaining one-year extension option within the Lease Agreement; and WHEREAS, the rent due is subject to a two percent annual increase, bringing the revised monthly rent due over the term of this one-year extension to $9,650.65 per month; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows that: 1. The above recitations are true and correct. 2. That the City Manager is hereby authorized to execute the Ratification of the Amended Lease Agreement with MAAC Project, attached hereto as Attachment A, and to act on behalf of the City of Carlsbad in all future decisions and actions necessary to implement the Amended Lease Agreement with MAAC Project for use of city owned facilities located behind the Library Learning Center at 3368 Eureka Place the city, and to do so in full compliance with the terms and conditions expressed in the aforementioned Agreement and to the satisfaction of the City Attorney. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the ,2:tb. day of December, 2017, by the following vote, to wit: AYES: NOES: ABSENT: M. Hall, K. Blackburn, M. Schumacher, M. Packard. C. Schumacher. None. MATT 1&,J/1!1 ATTEST: RATIFICATION OF AMENDMENT NO. 1 TO EXTEND THE AGREEMENT FOR PRE-SCHOOL PROGRAMMING METROPOLITAN AREA ADVISORY COMMITTEE ON ANTI-POVERTY IN SAN DIEGO COUNTY, INC. This Ratification of Amendment No.1 is entered into as of the 5-t,n day of De.c~mber-, 2017, but effective as of the 1st day of July, 2017, extending the agreement dated July 1, 2014 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Metropolitan Area Advisory Committee On Anti- Poverty In San Diego County, Inc. dba "MAAG Project," a non-profit corporation, ("Lessee"), for a portion of the property located at 3368 Eureka Place, Carlsbad, California, 92008. RECITALS A. The Agreement, as amended, expired on June 30, 2017 and Lessee continued to operate and use the premises located at 3368 Eureka Place, Carlsbad, CA 92008 without the benefit of an agreement; and D. The parties desire to extend the Agreement for a period of one ( 1) year. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Lessee agree as follows: 1. The retroactive extension of the Agreement is ratified. 2. That the Agreement, is hereby extended for a period of one (1) year ending on June 30, 2018. 3. Section 1 : TERM of the lease is deleted in its entirety and replaced with the following language: 1. TERM: The term of the lease shall be for a period of one (1) year commencing on July 1, 2017, and ending on June 30, 2018 with one (1) one-year option to renew. Upon the expiration of this lease, Lessee may request and Lessor may grant, at its sole discretion and option, the renegotiation of lease terms. For purposes of the approval and execution of the final one-year option to renew, the City Manager, or his designee, is hereby authorized to act on behalf of the City of Carlsbad. 4. Section 2(a): RENT of the lease is deleted in its entirety and replaced with the following language: 2. RENT: (a) As and for the rent, Lessee agrees to pay to Lessor the sum of nine thousand six hundred fifty dollars and sixty-five cents ($9,650.65) per month for term of this one year extension. On or before July 1, 2017 the first payment of $9,650.65 per month will be paid and all subsequent payments shall be payable in advance on or before the first day of each month during the term of this Agreement. City Attorney Approved Version 1 /30/13 5. All other provisions of the Agreement will remain in full force and effect. 6. All requisite insurance policies to be maintained by the Lessee pursuant to the Agreement will include coverage for this Amendment. 7. The individuals executing this Amendment and the instruments referenced in it on behalf of Lessee each represent and warrant that they have the legal power, right and actual authority to bind Lessee to the terms and conditions of this Amendment. MMC Project ATTEST: By: (sign here) City Clerk (print name/title) If required by City, proper notarial acknowledgment of execution by Lessee must be attached. !f a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: City Attorney Approved Version 1 /30/13 2 since 1965 SECRETARY'S CERTIFICATE 1355 Third /\vforiue CiH .. dG Vista, CA 91911 (619) 426-3595 800 W. Los Vallecitos 8:>Lilevarci San Marcos. CA 92069 (760) 471-4210 111v.1'/1.maacprnjer.:t O(Q I, Michelle D. Soltero, do hereby certify that I am Secretary of the Metropolitan Area Advisory Committee on Anti-Poverty of San Diego County, Inc. dba MAAC, a California Corporation (the "Company"), and CERTIFY: 1. That Arnulfo Manriquez serves as President & CEO of the Company and continues to hold such position; and 2. That pursuant to the hiring of Arnulfo Manriquez as President and CEO of the Company, effective February 1, 2012 and in accordance to the Company By-Laws, Arnulfo Manriquez is authorized to bind the Company in any and all corporate and/ or financial agreements. IN WITNESS WHEREOF, I have hereunto subscribed my name this 27th day of January, 2016. Michelle D. Soltero, Board Secretary A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, "and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego Subscribed and sworn to (or affirmed) before me on this 27th day of January, 2016, by Michelle D. Soltero, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. (Seal) ,,.,,., ., ELSA ROTH Commission No. 2078601 ~ NOTARY PUBLIC -CALIFORNIA !!? SAN DIEGO COUNTY ~ Commission Expires August ~8, 2018 ~ E.c\ucat]on Elsa Roth, Notary Public Health & \Ve!\ness Houslilg Maximizing self sufficiency with families and individuals through high-quality programs & advocacy in our communities.