HomeMy WebLinkAboutAGENDA REPORT 2013 1218 CCSA REG ITEM 10N ITEM 10.N.
MOORPARK CITY COUNCIL �� 0
AGENDA REPORT _
TO: Honorable City Council ,_-
FROM: Jeremy Laurentowski, Parks and Recre.;'on Director)4°)
BY: Jessica Sandifer, Management Analys /4)
DATE: December 6, 2013 (CC Mtg. December 18, 2013)
SUBJECT: Consider Second Amendment to Lease Agreement with First 5
Neighborhoods for Learning
BACKGROUND
In June 2012, the City Council approved the lease agreement for First 5 Neighborhoods
for Learning (First 5) for Space D (now Suite 401) in the Ruben Castro Human Services
Center (RCHSC). Staff has previously approved an amendment to the lease allowing
First 5 to store their mobile service recreational vehicle at the Moorpark Public Services
Facility. The proposed second amendment is to build a shade structure over First 5's
outdoor play area.
DISCUSSION
When the RCHSC was constructed, the outdoor play area adjacent to Space D was
designed to include a rubberized play surface. A light color was selected for the
rubberized material in an effort to maintain cooler temperatures during the warmer
seasons. Lighter color surfaces tend to reflect light, thus reducing the amount of light
that is absorbed in the material and heat that is produced. However, even with the
selection of the lighter surface color, the play surface and ambient outside temperature
in the play area becomes too warm to utilize the space during the warmer periods of the
year. The play area is primarily south/east facing and is subject to direct sun light for
the majority of the day.
First 5, has requested a shade structure to be installed over the outdoor play area to
allow use of the area during the warmer months of the year. The overall size of the
outside play area is approximately 32' by 42'. Due to the relatively large size of the
area, and excessive installation and maintenance costs associated with a wood or metal
structure, staff recommends the installation of a series of fabric shade sails strategically
designed to minimize the sun exposure. The shade sails have a life span of
approximately ten to twelve years and are installed with stainless steel hardware and
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Honorable City Council
December 18, 2013
Page 2
powder coated support posts. In addition to providing a cost effective and fun shade
solution for the play area, staff feels that the overall appearance of the shade sails will
complement the architectural design of the building. The example shown in Attachment
2 is provided to demonstrate the overall appearance of the structure. The final design
and colors will be selected to compliment the building.
Staff estimates the total cost of the shade sails, including installation, to be
approximately $16,000. A conservative estimate for a metal shade structure of similar
size is approximately $70,000 and a comparable wood structure would cost
approximately $56,000 depending on the overall design. Staff recommends fronting the
cost of the shade sail structure for the tenant, with the tenant paying an additional rental
amount of $260/month to repay the City. The cost of the shade structure would be
recaptured over the initial five year lease term. After the initial five year term of the
lease, the monthly rental will be set aside for replacement of shade sail fabric and any
future maintenance costs associated with the supporting structure. The lease
amendment would start a new five year lease term and add the monthly repayment cost
of the shade structure. The amendment to the lease would be executed prior to
construction of the shade structure.
FISCAL IMPACT
As stated, the estimated cost of the shade structure is $16,000. Staff is proposing to use
remaining RDA 2006 Bond Funds to construct the shade structure. A staff report will be
prepared for the Successor Agency board to approve the construction agreement and
fund allocation for the shade structure at the next meeting of the City Council/Successor
Agency Board. The additional rent payment will go back to the General Fund to
reimburse the cost of the shade structure and be set aside for future replacement and
maintenance costs.
STAFF RECOMMENDATION
Approve Amendment No. 2 to First 5 Neighborhoods for Learning lease extending the
term and providing for repayment of the construction costs for a shade structure, and
authorize City Manager to sign, subject to final language approval of the City Manager
and City Attorney.
Attachments:
1. Amendment
2. Shade Sail Structure
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ATTACHMENT 1
AMENDMENT NO. 2
TO LEASE AGREEMENT BETWEEN THE CITY OF MOORPARK AND
MOORPARK/SIMI VALLEY NEIGHBORHOODS FOR LEARNING, FIRST 5
VENTURA COUNTY
This Amendment No. 2 to the Lease Agreement between the City of Moorpark, a
municipal corporation ("City"), and Moorpark/Simi Valley Neighborhoods for Learning,
First 5 Ventura County, a non-profit organization, ("Tenant"), is made and entered into
the day of , 201 .
RECITALS
WHEREAS, on August 30, 2012, the City and Tenant entered into an Lease
Agreement for 612 Spring Road, Suite 401 at the Ruben Castro Human Services
Center (RCHSC); and
WHEREAS, on , 201 , the City and Tenant entered into an
Amendment No. 1 for the Lease Agreement authorizing Tenant to park a mobile service
recreational vehicle at the Moorpark Public Services Facility; and
WHEREAS, Tenant needs a shade structure to be built over the outdoor play
area adjacent to Suite 401; and
WHEREAS, City agrees to provide construction of said shade structure; and
WHEREAS, Tenant agrees to pay City an additional rental sum to repay City for
construction of the shade structure; and
WHEREAS, the City and Tenant now desire to amend the Agreement to extend
the lease agreement for five (5) years and increase the rental rate by two hundred and
sixty dollars ($260) per month as repayment for the construction of the shade structure
over the outdoor play area adjacent to Suite 401, and document said agreement to
amend by jointly approving Amendment No. 2 to the Agreement.
NOW, THEREFORE, it is mutually agreed by and between the parties to the
Agreement as follows:
Section 2, TERM, is amended by replacing this section in its entirety as follows:
"The term of this Lease shall commence on August 30, 2012 and all
terms and conditions of the lease shall continue for a six (6) year term to
the 31st day of July, 2019, unless sooner terminated as provided for in this
agreement.
City's obligations hereunder shall be contingent upon Tenant's payment in
full of any obligations described in Section 5 below, and Tenant's
complying with all other provisions set forth herein."
Amendment No. 2 to Agreement between City of Moorpark and First 5 Page 1 311
ATTACHMENT 1
II. Section 5, RENT, is amended by replacing the first paragraph of Section 5 in its
entirety with the following language:
"Monthly rent for Premises shall be $1.35 per square foot based
upon 3,077 square feet totaling four thousand one hundred fifty-three
dollars and ninety-five cents ($4,135.95) per month during the first two
years (2) years of the initial term. In December 2015, the rental rate will
be increased by three percent (3%) to four thousand two hundred and
eighty dollars and eleven cents ($4,280.11). The rental rate will be further
increased by three percent (3%) for each of the extended terms
contemplated by Section 3, if Tenant should elect to extend the Lease
agreement. Tenant will also pay an additional rental amount of two
hundred and sixty dollars ($260) per month for the five year term of the
Agreement as repayment for construction of the shade structure beginning
the first month after Amendment No 2 is signed. At the end of the five year
term, the shade structure will be repaid and Tenant will no longer be
obligated to pay the additional rental amount."
III. Remaining Provisions:
Except as revised by this Amendment No. 2, all of the provisions of the
Agreement shall remain in full force and effect.
In Witness Whereof, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF MOORPARK MOORPARK/SIMI VALLEY
NEIGHBORHOODS FOR LEARNING,
FIRST 5 VENTURA COUNTY
By: By:
Steven Kueny, City Manager Virginia Hayward, President and CEO
Attest:
Maureen Benson, City Clerk
Amendment No. 2 to Agreement between City of Moorpark and First 5 Page 2 312
ATTACHMENT 2 ITEM 10.N.
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