HomeMy WebLinkAbout17 - Newport-Mesa Unified School District Policy Tobacco Free EnvironmentBY THE CITY COUNCIL
CITY OF NEWPORT BEACH
COMMUNITY SERVICES DEPARTMENT
A1 Jr, l 4 1995
August 14, 1995 APPROVED
CITY COUNCIL AGENDA
ITEM NO. 11
TO: Mayor and City Council
FROM: LaDonna Kienitz, Community Services Director
SUBJECT: Newport -Mesa Unified School District Policy 2_Sz9
Tobacco Free Environment
The Newport -Mesa Unified School District has requested that the City
endorse the attached Amendment No. 2 to the Lease Agreement, originally
approved January 28, 1986, amended October 14, 1986, between the
District and the City for the use of the facilities at Lincoln.
The amendment directs that the property shall be designated tobacco free
as of July 1, 1995. The District's policy declaring a tobacco free
environment, a copy of the rules and regulations, both revised and
readopted January 24, 1995 are attached.
NEWPORT -MESA Unified School District
post office box 1368 • newport beach, california 92663 • (714) 760-3200
BOARD OF TRUSTEES
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JIM de BOOM EDWARD H. DECKER • MARTHA FLUOR
JUDY FRANCO • JIM FERRYMAN WENDY LEECE SERENE STOKES
DR. MAC BERND, Superintendent
July 11, 1995
Sue Stein, Recreation Superintendent
CITY OF NEWPORT BEACH
PO Box 1768
Newport Beach, CA 92659-1768
Re: Proposition 99 - Tobacco -Free Environment
Amendment #2 - Lincoln School Field Lease
Dear Ms. Stein:
On January 24, 1995, our Board of Education approved the attached Policy,
Rule & Regulation No. 3620. In accordance with federal law, we are required
to adopt a policy which prohibits the use of tobacco products on all
District -owned sites, including leased sites. Therefore, attached is
Amendment No. 2 to your Lease to implement this policy on the site leased to
your agency by July 1, 1995. Please sign all four copies, keep the copy
indicated for your records, and return the remaining copies to this office.
We have posted all District sites with signs designating that tobacco use on
the premises is prohibited.
Should you have any concerns, please call.
Sincerely,
Carolyn B. Stocker, Executive Director
Business Services & Auxiliary Operations
CBS:jk
Enclosures
AMENDMENT NO. 2
LEASE AGREEMENT
The Lease Agreement between the Newport -Mesa Unified School District and the City of Newport
Beach for a portion of the fields at Lincoln School shall be amended as follows:
The following section is hereby added to the Lease Agreement:
22. DISTRICT recognizes that the use of tobacco products represents a health and safety hazard
which can have serious consequences for the tobacco -user and non -user alike. It is the intent of DISTRICT
that all District buildings, property, and vehicles remain tobacco -free. Therefore, the Board of Education
directs that all District buildings, property, and vehicles shall be designated and posted tobacco -free effective
July 1, 1995.
All other terms and conditions to remain the same.
NEWPORT -MESA UNIFIED SCHOOL DISTRICT
By:
Date: June 27-,-1995 C.M. Bernd, Superintendent
CITY OF NEWPORT BEACH
Date:. By:
2 LEASE AGREEMENT
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THIS LEASE, between the NEWPORT—MESA UNIFIED SCHOOL DISTRICT,
4 hereinafter referred to as "DISTRICT," and the CITY OF NEWPORT BEACH,
hereinafter referred to as "CITY," is entered into this 10th day of
5 December, 1985.
6 1. DISTRICT leases to CITY portions of that certain real property
referred to as the Lincoln Intermediate Schoollocated at 3101 Pacific View
Drive, Corona del Mar, California. These portions consist of the gymnasium
7 and lighted play fields. (See Attachment.No. 1).
8 2. The term of this Lease shall be for a period of ten (10) years
beginning the 10th day of December, 1985 and ending the 9th day of
9 December, 1995.
10 3. CITY agrees to pay DISTRICT the sum of $12,000 annually. Payment
shall be due December 10, 1985 and each December 10 thereafter during the
life of this Agreement.
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4. This Agreement is subject to review by both parties every two
12 years with the first review period in 1987. If mutually agreed, this
Agreement may be extended for an additional two years beyond the stated
13 expiration date of December, 1995. This process creates an "evergreen"
10—year lease, subject to biennual mutual agreement.
14 Nothing in this lease, however, precludes either party from taking
steps to cancel the Agreement by serving the other party formal
15 notice of official action taken either by the Newport—Mesa Unified
School District Board of Education or the Council of the City of Newport
16 Beach terminating the Lease Agreement two calendar years from the date of
such official action.
17 5. The CITY shall not assign or sublet all or any part of the
premises described without the consent in writing of DISTRICT. Tenant shall
18 not make any alterations or additions to the premises without permission of
DISTRICT. Any alterations or additions to premises shall be at the sole
19 cost of CITY. In CITY use of the facilities or in subletting with prior
permission of the Board of Education, CITY shall not derive revenue in
20 excess of the annual rent. If CITY derives income in excess of the annual
rent, fifty (50) percent of all such revenues shall be due and payable to
21 the DISTRICT.
6. CITY shall, during the term of this lease, keep in good order,
22 condition and repair the facilities described including the repair of
windows, roofs, field lighting system, painting, blacktop around the
23 facility, including service systems to facilities leased. CITY shall also
pay DISTRICT for all repairs necessitated by CITY or CITY's invitees misuse
24 of the leased premises.
7. CITY shall, during the term of the Lease, follow as closely as
possible in scheduling the facilities the DISTRICT'S Priority of Use as
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spelled out in DISTRICT Rule and Regulation 7410, paragraph 7.0, which state
that youth activities conducted for N-MUSD students will have preference
over adult activities. The priority of scheduling shall be as follows:
1. Regular school programs, including summer school activities
2. CITY sponsored and/or school connected youth groups, e.g.,
Harbor Area Baseball Program
3. Other youth activities
4. CITY adult programs
5. Other adult programs
8. CITY, shall, during the term of the Lease, keep the interior of
the premises and every part thereof in good order, condition and repair as
well as maintain the fields in a safe condition.
If CITY fails to perform its obligations under this section,
DISTRICT may, at its option, after ten (10) days written notice to CITY,
enter upon the premises and put the same in good order, condition and
repair and the cost thereof shall become due and payable as additional
rent by CITY to DISTRICT upon demand.
On the last day of the term hereof, or on any sooner termination,
CITY shall surrender the premises to DISTRICT in the same condition as when
received, that is, broom clean, ordinary wear and tear excepted.
CITY shall, at its own cost and expense, provide all janitorial
supplies and services to the leased premises, which shall include but not be
limited to the replacement of restroom supplies, lightbulbs and flourescent
tubes.
CITY shall, at its own cost and expense, maintain the landscaping
and turf areas for which it is responsible in an attractive and safe
condition. In addition, CITY will maintain the field sprinkler systems and
associated clocks in an operable condition. CITY also agrees to keep the
playing fields under their control free from rodent infestation.
9. CITY agrees, at its own expense to maintain in force during the
term of this Lease, full comprehensive public liability insurance, insuring
against all claims for injuries to person or persons or property occurring
in, upon or about the leased premises. Said policy shall have limits of not
less than $5,000,000 for injuries to person or persons, and not less than
$1,000,000 for property damage. CITY shall supply DISTRICT with a
Certificate of Insurance of such policy or other documentation satisfactory
to DISTRICT. Such policy or statement shall show DISTRICT immunity with
respect to claims arising out of CITY's occupancy and use of the leased
premises.
DISTRICT shall carry the necessary policy, or policies, covering
the hazards of fire, vandalism, malicious mischief and "extended coverage"
in an amount of at least ninety (90) percent of replacement cost - contents
excepted. CITY shall, as additional lease payments, reimburse DISTRICT the
premium cost of said insurance.
Revised 10/23/85 -2-
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10. CITY shall cause all necessary utility services to be placed in
its name and shall pay all charges therefore during the term of this Lease.
11. All notices pursuant to this Lease shall be addressed as set fort /
below, or as either party may hereafter designate by written notice, and may
be sent through the United States mail to:
DISTRICT Business Office
Newport -Mesa Unified School District
P. 0. Box 1368
Newport Beach, CA 92663
CITY City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
12. CITY agrees that no improvements shall be erected, placed upon,
operated or maintained with the demised premises without prior written
consent of DISTRICT, nor shall any business be conducted or carried on in
violation of any regulations, order of law, statute, bylaw or ordinance of
any governmental agency having jurisdiction. Any modifications or additions
to the leased premises shall revert to sole ownership of DISTRICT at the
conclusion of Lease.
13. In the event of any breach of this Lease by CITY, DISTRICT shat
notify CITY in writing of such breach and CITY shall have sixty (60) days
in which to cure said breach. If such breach is not cured within the
specified time, this Lease shall be terminated; in which event CITY agrees
to immediately surrender possession of the premises and to pay to the
DISTRICT, in addition to any other remedy DISTRICT may have, all damages
DISTRICT may incur by reason of its defaults, including the cost of recover-
ing the premises.
14. If either party hereto shall be delayed or prevented from the
performance of any act required hereunder by reason of acts of God,
restrictive governmental laws or regulations, or other cause beyond the
control of the party obligated (financial inability excepted), performance
of such acts shall be excused for the period of the delay; and the period
for the performance of any such act shall be extended for the period of the
delay. However, nothing in this clause shall excuse either party from the
prompt payment of any rental or other charges required except as may be
expressly provided elsewhere in this Lease.
15. This Lease sets forth the entire Agreement between CITY and I
DISTRICT and any modifications must be in the form of a written amendment.
16. If any term, covenant, condition or provision of this Lease is
held by a court of competent jurisdiction to be invalid, void or
unenforceable, the remainder of the provisions hereof shall remain in full
force and effect and shall in no way be affected, impaired or invalidated
thereby.
17. The failure of either party to insist upon strict performance of
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any of the terms, conditions or covenants in this Lease shall not be deemed
a waiver of any right or remedy for a subsequent breach or default of the
terms, conditions or covenants herein contained.
18. In the event of: partial destruction of or damage to leased
premises or the leased premises being declared unsafe or unfit for
occupancy, by a public authority authorized to make such declaration, for
any reason other than CITY's act or use of occupation, except as otherwise
provided; DISTRICT shall, as soon as practicable, make such repairs as are
necessary to restore the leased premises to the condition which existed
prior to destruction or damage and/or make such repairs as are necessary to
make the leased premises safe and fit for occupancy. In lieu of necessary
repairs, DISTRICT shall be entitled to terminate Lease in the event DISTRICT
determines that repairs are not feasible. CITY shall, however, be entitled
to a reduction of rent during any period its use and occupancy of the leased
premises are adversely affected by reason of destruction, damage,
restoration and/or subsequent repair required thereby. Such reduction shall
be proportionate to the interference with CITY's ordinary use of the leased
premises.
19. DISTRICT shall have the right at all reasonable times to inspect
the leased premises to determine if the provisions of this Lease are being
complied with.
20. CITY has inspected the premises which are the subject of this
Lease and agrees that, as of the date of the execution of this Lease, they
are acceptable.
21. This Lease is entered into pursuant to the authority of the
Education Code of the State of California (beginning with Section 3936).
IN WITNESS WHEREOF, the parties hereto have executed this Lease as of
the date first written above.
Date: January 28, 1986
DISTRICT:
etary, Boar3 of Education
Qrt-Mesa Unified School District
Revised 10/23/85 -4-
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F 0192 1.2
Amendment No. 1
LEASE AGREEMENT
Lincoln Intermediate School
This Amendment No. 1 dated October 14, 1986, is a part
of the City of Newport Beach Lease Agreement of the'Lincoln
Intermediate School dated January 28, 1986 and extends Section 4
to read:
The District agrees that termination will only occur if the
site is reopened as a school and will provide the City with
continued use for community recreation purposes after school,
weekends and school vacation periods for a period of ten (10)
years subject to terms and conditions of Section 7, Priority of
Use.
Dated: October 14, 1986
j
NEWPORT—MESA UNIFIED SCHOOL DISTRICT
doahn�eWNicoll,
Superintendent
w
CIT'
By:
Attest:
City Clerl:
r_'
3620
NEWPORT -MESA UNIFIED SCHOOL DISTRICT
POLICY
TOBACCO -FREE ENVIRONMENT
The Newport -Mesa Unified School District Board of Trustees recognizes that the use of tobacco
products represents a health and safety hazard which can have serious consequences for the
tobacco -user and non -user alike. It is the intent of this School District that all District buildings,
property, and vehicles remain tobacco -free. Therefore, the Board of Education directs that all
District buildings, property, and vehicles shall be designated and posted as tobacco-free-
effective
obacco-freeeffective July 1, 1995.
Polity Adopted: 6/23/92
Revised and Readopted: 1/24/95