RESOLUTION NO. A RESOLUTION OF THE CITY OF SAUSALITO APPROVING THE NINTH AMENDMENT TO THE LEASE BY AND BETWEEN THE CITY OF SAUSALITO AND THE NEW VILLAGE SCHOOL. Whereas, the City and The New Village School (the "Tenant) entered into a Lease of Premises dated as of February 1, 2009 which was subsequently amended eight times; and Whereas, the Lease as amended provides for Tenant's lease of the following Suites: Suite 100 Suite 132 (Indoor Space) Suite 138 Transition Space Suite 110S Suite 132 (Outdoor Space) Suite 144 Rock Garden Suite 115 Suite 136 Suite 154 Additional Garden Space in Building 1 at the MLK site as well as Additional Garden Space located at MLK 100 Ebbtide Avenue, Sausalito, California for use as an Elementary School; and Whereas the City, and The New Village School desire to enter into the attached Ninth Amendment to the Lease which is attached hereto as Exhibit "A" and incorporated herein by reference; and Whereas the approval of the proposed Amendment is exempt from the application of the California Environmental Quality Act (California Public Resources Code Section 21 000, et seq., "CEQ A"), pursuant to Section 15301 (Class 1 Categorical Exemption) of the State CEQA Guidelines (Title 14, California Code of Regulations Section 15000, et seq.). BE IT RESOLVEDED THAT: The City Council of the City of Sausalito does herby resolve as follows: 1. The City Council hereby finds that the proposed Amendment is exempt from the application of CEQA pursuant to Section 15301 (Class 1 Categorical Exemption) of the State CEQA Guidelines and the City Clerk, or her designee, is directed to cause Notices of Exemption to be posted in accordance with CEQA. 2. The Ninth Amendment to the Lease by and between the City of Sausalito and The New Village School which is attached hereto as Exhibit "A" is hereby approved and the Mayor is authorized to execute the Ninth Amendment to the Lease on behalf of the City. 3. Upon execution of the Ninth Amendment to the Lease by the Mayor, the City Manager (or his designee), is authorized, on behalf of the City, to approve and/or sign all documents necessary and appropriate to carry out and implement the Ninth Amendment to the Lease, and to administer the City's obligations, responsibilities and duties to be performed under the Amendment and related documents. Page 1 of 6
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Sausalito on The day of, by the following vote: AYES: NOES: ABSENT: ABSTAIN: CITY CLERK MAYOR OF THE CITY OF SAUSALITO Page 2 of 6
NINTH AMENDMENT TO LEASE OF PREMISES THIS NINTH AMENDMENT TO LEASE OF PREMISES ("Ninth Amendment") dated effective as of May 15,2014 (the "Effective Date"), is entered into by and between the CITY OF SAUSALITO, a municipal corporation (the "Landlord"), and THE NEW VILLAGE SCHOOL, a California Non-Profit Public Benefit Corporation ("Tenant"). RECITALS The following Recitals are a substantive part of this Agreement: A. Landlord and Tenant entered into the Lease of Premises dated as of February 1, 2009 (the "Original Lease"), the First Amendment to Lease of Premises dated as of August 1, 2009 (the "First Amendment"), the Second Amendment to Lease of Premises dated as of December 9, 2009 (the "Second Amendment"), the Third Amendment to Lease of Premises dated as of February 23, 2010 (the "Third Amendment"), the Fourth Amendment to Lease of Premises dated as of July 28, 2010 (the "Fourth Amendment"), the Fifth Amendment to Lease of Premises dated as of August 1, 2011 (the "Fifth Amendment"), the Sixth Amendment to Lease of Premises dated as of February 1,2012 (the "Sixth Amendment"), the Seventh Amendment to Lease of Premises dated as of September 12, 2013 (the "Seventh Amendment") and the Eighth Amendment to the Lease of Premises dated as of May 1, 2013 (the "Eighth Amendment"). The Original Lease, the First Amendment, the Second Amendment, the Third Amendment, the Fourth Amendment, the Fifth Amendment, the Sixth Amendment, the Seventh Amendment and the Eighth Amendment shall be referred to collectively herein as the "Lease." Capitalized terms used herein and not otherwise defined shall have the meaning set forth in the Lease. B. The Lease provides for Landlord's lease to Tenant of a portion of the real property located at Building 1, 100 Ebbtide Avenue, City of Sausalito, County of Marin, State of California, identified as: Suite 144 and the adjacent entry and bathrooms at (collectively Suite 144), Suites 100-S (Storage), 115, 154, 110 and the adjacent 240 square space known as the "Transition Space", Suite 138, the 30' x 15' square foot outdoor space immediately adjacent to Suite "138" known as the "Rock Garden," Suite 132 and the outdoor space immediately adjacent to Suite "132" and the 40' x 40'outdoor space, known as "the Additional Garden Space", which is located North of the Field Play Structure and is directly adjacent to the un-leased 40' x 30' garden area previously utilized by the Marin School. All of the space identified in this Recital A shall be referred to herein as the "Existing Space". Capitalized terms used herein and not otherwise defined shall have the meaning set forth in the Lease. C. Landlord and Tenant desire to enter in to this Ninth Amendment in order to allow the Tenant to lease additional space (Suite 100) at the MLK site for use as a classroom. NVS 9^ Amendment 051514 Page 3 of 6
AGREEMENT In consideration of the mutual covenants and conditions contained in this Ninth Amendment, Landlord and Tenant hereby agree as follows: Section 1. Premises. Article 1 of the Lease is hereby amended to provide that commencing upon the Effective Date of this Amendment, in addition to the Existing Space, Landlord leases to the Tenant and Tenant leases from the Landlord Suite 100, located at 100 Ebbtide Avenue, City of Sausalito, County of Marin, State of California which is comprised of approximately 1,199 square feet. Section 2. Term. The Term of the Lease for the Premises shall run from the Effective Date to midnight on June 30, 2017 (the "Expiration Date") unless otherwise extended per Section 2. (Option to Extend) in accordance with the Eighth (8th) Amendment dated May 15, 2013. Section 3. Base Rent. In addition to the rental amounts being paid by Tenant for the use of Existing Space, Section 3.1 of the Lease is amended to provide that commencing on the Delivery Date Tenant agrees to pay Landlord $2,697.75 per month for the use of Suite 100. Section 4. Adjusted Base Rent. Commencing on March 1, 2015 and every twelve months thereafter (each a "Rent Adjustment Date") the Base Rent for the Premises, shall be increased by an amount equal to three percent (3%) of the then applicable Base Rent. Section 5. Delivery of Suite 100. Landlord shall deliver Suite 100 to Tenant on or before May 15, 2014 (the "Delivery Date"). Section 6. Security Deposit. On or before the Effective Date the Security Deposit provided by Tenant in accordance with Article 6 of the Lease shall be increased by an amount equal to two month's rent for Suite 100 which equals Five Thousand Three Hundred Ninety Five Dollars and 50/100 ($5,395.50). Section 7. Insurance. Prior to the Effective Date Tenant shall obtain insurance meeting the requirements of Article 9 of the Lease for Suite 100 and shall deliver to Landlord an Accord Form Certificate of Liability Insurance or equivalent evidencing Tenant's insurance coverage. Section 8. Improvements. a. Tenant Improvements. Commencing upon the Effective Date Tenant shall have the right to perform the following improvements at its sole cost and expense; Tenant shall comply with the provisions of Section 8.4 of the Lease with respect to the installation/construction of these improvements. i. Moving/Removing Non-Structural Interior Walls ii. Flooring iii. Egress to Suite #110 NVS 9'h Amendment 2 051514 Page 4 of 6
iv. Fire Alarm v. Test/Repair Existing heating in Room vi. Lights vii. Relocate Electrical Conduit and Switch for Suite #105 from Hallway to Suite 105. Section 9. Effect on Lease. Except as expressly set forth herein, the terms and conditions of the Lease shall remain in full force and effect. In the event of any inconsistency between the Lease and this Ninth Amendment, the terms of this Ninth Amendment, shall control. Section 9. Entire Agreement; Conflicts. This Ninth Amendment and the Lease contain the entire agreement between the parties with respect to the subject matter hereof. Except as otherwise specified herein, no prior oral or written understanding shall be of any force or effect with respect to those matters covered herein. This Ninth Amendment and the Lease shall not be modified or altered except in writing signed by both parties. Section 10. Execution. This Ninth Amendment may be executed in duplicate original counterparts each of which shall constitute one and the same instrument. LANDLORD: CITY OF SAUSALITO, a municipal corporation Dated:, 2014 By: Ray Withy, Mayor ATTEST: City Clerk NVS S*"1 Amendment 3 051514 Page 5 of 6
APPROVED AS TO FORM: City Attorney TENANT: THE NEW VILLAGE SCHOOL, A Califomia- Non-Profit Public Benefit Corporation Dated:, 2014 By: Printed Name: Its: NVS 9"' Amendment 4 051514 Page 6 of 6