HomeMy WebLinkAboutAGENDA REPORT 2005 0615 CC REG ITEM 09GMOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
nrEm 9�G.
ClTY 011 MOORPARK, CALIFORNIA
City COunell Meeting
ACTION:
FROM: Hugh R. Riley, Assistant City Manager _
DATE: June 9, 2005 (CC Meeting of 6/15/05)
SUBJECT: Consider Approval of Facility Lease with the State of
California, California Highway Patrol at Police
Services Center, 610 Spring Road
BACKGROUND
The City currently subleases 1,492 square feet of office space
to the California Highway Patrol (CHP) in the Community
Christian Church building at 216 Moorpark Avenue. The monthly
rent is currently $ 1,958. The new Police Services Center
scheduled for completion in June includes 4,497 square feet of
lease space that has been designed and improved for lease to the
CHP for their East Ventura County Station. The lease includes
additional use of the common area lobby and public restrooms.
DISCUSSION
In cooperation with the State of California, Department of
General Services, staff has prepared a lease agreement for the
CHP utilizing the lease format required by the State. The
proposed lease is included in this report as Attachment A. The
basic provisions of the proposed lease are as follows:
1. Term- 15 years beginning July 1, 2005 through June 30,
2020.
2. Rent- $1.33 /square foot ($6,000 /Mo.) to increase on the
annual anniversary date beginning July 1, 2006 At a fixed rate
of 2.5% and each year thereafter for the full term of the lease.
During the course of the building construction the State has
requested certain changes that have been made at a cost to the
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Honorable City Council
June 7, 2005
Page 2
City of $57,157.58. Reimbursement for these costs will be
amortized over the first four years of the lease at 6 percent
interest. The amortization adds $1,342.35 to the monthly rent
through June 30, 2009. These funds will be returned to the
City's Endowment Fund.
3. Utilities and Services-
• Water and Sewer service - included in monthly rent
• Trash disposal- included in monthly rent
• Telephone and data systems -paid by CHP
• Communication Systems - provided by CHP
• Janitorial Service - provided by CHP
• Electrical - billed monthly by City based on actual
usage determined by facility sub - meter.
• Landscape maintenance - included in lease
• Parking maintenance - included in lease
4. Periodic painting, maintenance, and repair of lease space
is the responsibility of the City as outlined in Section 14
and 15 of the lease.
The lease agreement includes the following Exhibits that are not
contained in Attachment A:
EXHIBIT A- Floor Plan and Tenant Improvement Details
EXHIBIT B- Outline Specifications for Lease Space
EXHIBIT C- State Fire Marshal, Cal -ADA Access Compliance &
Sustainable Measure Procedures
These attachments are large and are available for review in the
Office of the City Clerk. A floor plan of the lease space and
common areas is provided as Attachment 2.
COST RECOVERY: The estimated construction cost per square foot
for the CHP lease space including design, construction
management, and tenant improvements not reimbursed by the state
is $270 per square foot or $1,214,190. With the proposed rent,
the City would recover its investment during the 15 year rent
period considering the 2.5% rent escalator schedule proposed and
excluding interest earnings.
0 2 3
Honorable City Council
June 7, 2005
Page 3
STAFF RECObMNDATION
Approve the Lease Agreement with the CHP subject to final
language approval by the City Manager and City Attorney and
authorize the Mayor to sign on behalf of the City.
Attachment: 1. Lease Agreement
2. Floor Plan
STATE OF CALIFORNIA
STANDARD LEASE FORM
LEASE COVERINe_ EMMISES LOCATED AT
610 Spring Road, Moorpark CA 93021
LESSOR'S FED TAX I D NO OR SOCIAL SECURITY NO
95- 386 -0962
TENANT AGENCY
California Highway Patrol
DEPARTMENT OF GENERAL SERVICES
REAL ESTATE SERVICES DIVISION
File No.: 5275 -001
Project No.: 114079
Preamble THIS LEASE, made and entered into this loth day 4)unt, 2004 by and between
CITY OF MOORPARK
hereinafter called the Lessor, without distinction as to number or gender, and the State of California, acting by and through the Director of the Department of General Services, hereinafter
called the state,
WITNESSETH
Description 1. The Lessor hereby leases unto the State and the state hereby hires from the Lessor those certain premises with appurtenances situated in the City of Moorpark, County of ventura,
State o f California, and more particularly described as follows:
Approximately 4,497 net usable syuarr fret of office space on the ground floor of the building located at 610 Spring Road, Moorpark, CA as outlined in red on the attached Exhibit -A• plan,
together with specifications marked Exhibit 'B'and lessor compliance procedures marked Exhibit •c', said Exhibits -A- and "B" and "C ", Pro)e(t No. 114079 dated January 14, 2004,
hereby bring incorporated into this bast, and including "five (45) exclusive unobstructed parking spaces contiguous to the sub cct building, and unlimited use of the building's common
facilities, such as common parking areas, public restrooms, shared conference rooms, government vehicle wash -rack, and command vehicle area.
Term 2. The term 4 this least shall commence on )uly 1, 2005, and shall end on June 30, 2020, with such rights of termination as may be hereinafter expressly set forth.
Early 3. The state may terminate this lease at any time effective on or after June 30, 2009, by giving written notice to the Lessor at bast ninety (901 days prior to the date when such
Termination termination shall become effective. if the state fails to complete its move out within the notice period and remains in the premises, additional rent shall be paid and prorated on a thirty (30)
day month, based on the actual number of days the state occupies the premises following the effective date of termination. During such continued occupancy, all other turns and provisions of this
base shall apply. tf the state continues to occupy the premises at the expiration of thirty (30) Days following the effective date of termination, such occupancy shag be on the terms specified in
Paragraph 27 herro(
Rent 4. Rental shall be paid by the state in arrears on the last day of each month during said term as faUows:
SEVEN THOUSAND THREE HUNDRED FORTY -TWO AND 35/100 DOLLARS
($7,342.35) from July 1, 2005 through June 30, 2006, then;
SEVEN THOUSAND FOUR HUNDRED SIXTY -NINE AND 35/100 DOLLARS
($7,469.35) from July 1, 2006 through June 30, 2007, then;
SEVEN THOUSAND SIX HUNDRED AND 35/100 DOLLARS
($7,600.35) from July 1, 2007 through June 30, 2008, then;
SEVEN THOUSAND SEVEN HUNDRED THIRTY -THREE AND 35/100 DOLLARS
($7,733.35) from July 1, 2008 through June 30, 2009, then;
SIX THOUSAND FIVE HUNDRED TWENTY -SIX AND NO /100 DOLLARS
(6,526.00) FROM July 1, 2009 through June 30, 2010, then;
®ocz3r-
ATTACH M ENT 1 ISM *RESD SO. Fora, i Ltze 2002 Reword 5/8/03
SIX THOUSAND SIX HUNDRED SIXTY -FIVE AND NO /100 DOLLARS
($6,665.00) from July 1, 2010 through June 30, 2011, then;
SIX THOUSAND EIGHT HUNDRED SEVEN AND NO /100 DOLLARS
($6,807.00) from July 1, 2011 through June 30, 2012, then;
SIX THOUSAND NINE HUNDRED FIFTY -ONE AND NO / 100 DOLLARS
($6,951.00) from July 1, 2012 through June 30, 2013, then;
SEVEN THOUSAND NINETY -NINE AND NO/ 100 DOLLARS
($7,099) from July 1, 2013 through June 30, 2014, then;
SEVEN THOUSAND TWO HUNDRED FIFTY AND NO/ 100 DOLLARS
($7,250.00) from July 1, 2014 through June 30, 2015, then;
SEVEN THOUSAND FOUR HUNDRED FOUR AND NO/ 100 DOLLARS
($7,404.00) from July 1, 2015 through June 30, 2016, then;
SEVEN THOUSAND FIVE HUNDRED SIXTY -ONE AND NO /100 DOLLARS
($7,561.00) from July 1, 2016 through June 30, 2017, then;
SEVEN THOUSAND SEVEN HUNDRED TWENTY -TWO AND NO /100 DOLLARS
($7,722.00) from July 1, 2017 through June 30, 2018, then;
SEVEN THOUSAND EIGHT HUNDRED EIGHTY -SIX AND NO/ 100 DOLLARS
($7,886.00) from July 1, 2018 through June 30, 2019, then;
EIGHT THOUSAND FIFTY -THREE AND NO /100 DOLLARS
($8,053.00) from July 1, 2019 through June 30, 2020 and thereafter.
Q "i^ 2 3 S
Page,2'RESD Std. Form 1 LeaSr2002 Revised 518103
Rental payable hereunder for any period of time less than one month shall be determined by prorating the monthly rental herein specified based on the actual number of days in the month.
Rental shall be paid to Lessor at the address specified in Paragraph 5 or to such other address as the Lessor may designate by a notice in writing. subject extension for delays due to the causes
specified in A through D of Paragraph 9, if the premises are not complete pursuant to Paragraph & by the date shown in Paragraph 2, It is understood and agreed by and between the parties
that, at the State's sole option, the dates shown in Paragraphs 2 and 3 and the dates and dollar amounts shown in Paragraph 4 may he adjusted to the first of the month following the state's
acceptance of the completed premises, such acceptance shall not unreasonably be withheld. if the state exercises this option, it is agreed the State will complete unilaterally an amendment to the
lease to revise the herein above stated dates. Any accrued rents for the period of time prior to the unilaterally adjusted commencement date will be paid in accordance with Paragraph s.
Additionally, it is understood and agreed between the parties that, at the state's option, the dates shown in the "CPI Escalator operating Expenses" paragraph, if incorporated herein, shall be
adjusted to roct the time delay between lease commencement and the first of the month following the actual acceptance date
Notices 5. All notices and correspondence herein provided to be given, or which may be given by either party to the other, shall he deemed to have been fully given when made in writing and
deposited in the united states Mail, certified and postage prepaid and addressed as follows:
To the Lessor City of Moorpark
City Manager
799 Moorpark Avenue
Moorpark, CA 93021 Phone No (805) 517 -6200
FAX No. (805) 529 -8270
and to the Lessee: DEPARTMENT OF GENERAL SERVICES,
REAL ESTATE SERVICES DIVISION PHONE NO. (916) 3754172
LEASE MANAGEMENT D 5275 -001
707 THIRD STREET, SUITE 5 -305 FAX NO. (916) 375 -4173
WEST SACRAMENTO, CA 95605
ALL NOTICES AND CORRESPONDENCE MUST REFERENCE
TENANT AGENCY AND PREMISES ADDRESS
Rental warrants shag he made payable to:
City of Moorpark
and mailed to: City of Moorpark
799 Moorpark Ave.
Moorpark, CA 93021
Nothing herein contained shall preclude the giving of any such written notice by personal service or commercial delivery service. The address to which notices and correspondence shag be mailed
to either party may be changed by giving written notice to the other party.
Completion and 6. Lessor agrees that, prior to )uly 1, 2005, and at Lessor's sole cost and expense, all required construction, improvements and /or alterations, if any, shall be completed and the leased
Compliance with premises made ready for state's occupancy in full compliance with Exhibit "A", consisting of three (3) sheets titled, "office Quarters, Project No. 114079" dated January 14, 2004, and in
Plans and accordance with Exhibit "B", consisting of sixty -five (65) pages, titled, "outline specifications, Project No. 114079" dated January 14, 2004, and Exhibit "c' consisting of tw nty,three
Specifications (23) pages titled, "State Fire Marshal, Cal ADA Access Compliance eI Sustainable Measure Procedures Project No. 114079" dated January 14, 2004 which Exhibits "A" and "B" and
"C" are by this reference incorporated herein.
Notice of 7. Lessor shall nottfy the State in writing by certified mail of the date the leased premises will be completed and ready for occupancy at least thirty (30) days prior thereto. such notice
Completion and shag be a condition precedent to the accrual of rental hereunder, except however, that if the state occupies the premises prior to the receipt of such notice or prior to the expiration of the notice
Access to Premises period of such notice, rent shall commence to acme as of the date of occupancy.
during Construction
Following execution of this lease, and not more than sixty days (601 prior to completion of construction and occupancy under this lease, State or its contractors or other representatives
shag have the right to enter the premises for the purpose of installing certain equipment such as, but not limited to, modular system furniture, and electrical and telecommunications cabling and
equipment.
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Page,3 "RESD Std. Form 1 Lease-2002 Revised 5/8/03
state agrees to indemnify and hold Lessor harmless from and against any claims, damages, or other injury suffered by Lessor as a result of the work to be performed pursuant to this right
to enter the premises prior to State's acceptance and occupancy of the premises. if the state exercises its right to enter the premises prior to the state's acceptance and occupancy of the
premises, Lessor agrees to indemnify and hold state and its agents, contractors or other representatives harmless from and against any claims, damages, injury or other harm suffereJ by reason of
the negligence or other wrongful act of Lessor or any of Lessor's agents, contractors, or other representatives.
in no event shall the exercise of this right of entry be construed so as to cause an acceleration of the occupancy date of this lease or the obligation of the state to pay rent.
Lessor and state shall each make all reasonable efforts to ensure that the respective construction and installation work is scheduled in such a manner so as to not interfere with or delay the other.
In the event that one or the other party causes a delay in the other party's work, such injured party shall be compensated in the following manner:
Delays caused 4 the Lessor:
credit the state a compensating day of delay in the occupancy date and corresponding Jay of delay in payment of rent.
Delays caused 6 the state:
credit the Lessor a compensating Jay of payment of rent from the actual date of occupancy.
compensation will be in one day increments.
The parties agree that this shall be the sole remedy for delay, in that the calculation of damages in any other manner is too uncertain and not susceptible 4 accurate determination.
Early Occupancy 8. Lessor agrees that if the leased premises are ready for occupancy prior to the completion date specified above in Paragraph 6, state may elect to occupy the premises on the earliest
date practical after its receipt of the herein required completion notice. The rent payable for any such early occupancy by the state shall be at the rate of $v,0oo.0o per month, and shall be
prorated on a daily basis for any partial month.
Time limit and 9. No rental shall accrue under this lease, nor shall the state have any obligation to perform the covenants or observe the conditions herein contained until the leased premises have been
Prior Tenancy made ready for occupancy in accordance with the provisions hereof. it is specifically agreed that in the event the leased premises are not completed and ready for occupancy by the state on or
before September t, 2005, then and in that event the state may, at its option and as its sole remedy , terminate this lease and be relieved of any further obligations hereunder, providing that
a fair and reasonable allowance for the following delays shall be added to said time for completion:
A. Acts of the State, its agents or employees, or those claiming under agreement with or grant from the state; or by
B. The acts of God which Lessor could not reasonably have foreseen or guarded against; or by
C. Any stokes, boycotts or like obstructive actions by employees or labor organizations and which are beyond control of Lessor, and which cannot be reasonably overcome; or by
D. Restrictive regulations by the Federal Government which are enforced in connection with a National Emergency.
to the event that the state elects to occupy premises before the work on the premises specified in Exhibit A and B is fully completed, the state will provide the Lessor with a punch list of work
remaining to be completed (referenced as the state's -Punch List'). Lessor agrees that Lessor shall use it's best efforts to complete the remaining work no later than 14 calendar Jays from the
date of receipt of said Punch List.
Conformity to to. occupancy of the leased premises by the state shall not relieve Lessor in any respect from full compliance at all times with aforesaid Exhibits "A- and "B° and °C °. it is further
Exhibits understood and agreed that any installation not in conformity with said Exhibits "A" and "B' and °c° shall be immediately corrected by the Lessor at Lessors sole cost and expense. to the event
Lessor shall, after notice in writing from the state requiring the Lessor to comply with the requirements of this paragraph in regard to a specif ed condition, fail, refine or neglect to remedy such
condition, state may terminate this lease without further obligation, or as to such specified condition, at its option and in addition to any other remedy the State may have, withhold rent due
and bring the leased premises into conformity with said Exhibits at its own cost including state's Administrative costs, if any, and deduct the amount thereof from the rent that may then be or
thereafter become due hereunder.
Asbestos t i. Lessor hereby warrants and guarantees that the space leased to the state will be operated and maintained free of hazard from Asbestos Containing Materials IACMI placed thereon
by Lessor or its agents, contractors or employees, and agrees to the conditions for survey, testing, and abatement of ACM described in Exhibit W as applicable. Lessor specifically agrees that,
in the event the state elects to exercise its rights under the provisions of Paragraph 16 of this lease, any costs related to abatement or hazard from asbestos shall be the Lessors responsibility as
described in the aforementioned Exhibit "B." state agrees that any material brought into the facility or compound as evidence and that might be considered hazardous will be the responsibility of
the state.
00024-;(
Page -4 "RESD Std. Form 1 Lease "2002 Revised 518103
Parking 12. Lessor, at Lessors sole cost and expense, shall clearly mark the parking spaces described hereinabove as assigned to the state of ealifornia. said parking spaces will be arranged and
maintained so as to provide unobstructed access to each parking space at any time. In addition to any assigned parking spaces, state and its invitees shall have equal access to common spaces
provided to all tenants on a first -come, first -served basis.
SeMces, Utilities, 13. Lessor, at Lessors sole cost and expense, during the term of this lease shall furnish the following smites, utilities, and supplies to the area (rased by the state, and also to the
and Supplies 'common' building areas (if any) such as lobbies, elevators, stairways, corridors, etc., which State shares with other tenants, if any:
A. Sewer, trash disposal, and water smite, including both hot and cold water to the lavatories except lavatories in Employment Development Department public toilet rooms in
lobby areas which need only cold water.
B. Electricity will be sub- metered and billed back to the california Highway Patrol by the city of Moorpark
Repair and 14. A. During the lease term, the Lessor shall maintain the leased premises in good repair and tenantable condition, so as to minimize breakdowns and loss of the state's use of the
Maintenance premises caused by deferred or inadequate maintenance, including, but not limited to:
(1) Generally maintaining the leased premises in good, vermin -free, operating condition and appearance.
(2) Furnishing prompt, good quality repair of the building, equipment, and appurtenances.
(3) Furnishing preventative maintenance, Including, but not limited to, manufacturer's recommended servicing of equipment such as elevator lif any), heating,
ventilating and air conditioning equipment, and fixtures.
(4) Furnishing ongoing maintenance and prompt repair of any and all special equipment and systems referenced in Exhibits A and B including but not limited to, security
and access control systems, fire suppression systems, special HVAC systems for computer rooms, and ups systems.
(5) Furnishing and promptly replacing any inoperative light bulbs, fluorescent tubes, ballast, starters, and filters for the heating, ventilating and air conditioning
equipment as required.
(6) Furnishing remedial painting as necessary to maintain the premises in a neat, clean and orderly condition.
h1 Annual testing and maintenance of all fire extinguishers in or adjacent to the lensed premises.
(8) .
(9) Repairing and replacing parking lot bumpers and paving as necessary. Repaint directional arrows, striping, etc., as necessary.
(10) on a bi- monthly basis, sweeping parking areas and sidewalks, maintaining landscaped areas, including sprinklers, drainage, etc., in a growing, htter -free, weedfree,
and neatly mowed and /or trimmed condition.
(I I) Repairing and replacing floor covering as necessary, if damaged. Lessor, at Lessor's sole cost, shall arrange for moving of furniture and equipment prior and
subsequent to the repairing or replacement of door covering.
(12) Keeping all walkways, parking lots, entrances, and auxiliary areas free of snow, water, oil spills, debris, or other materials which may be hazardous to users of the
building.
B. Lessor shah provide prompt repair or correction for any damage except damage arising from a willful or negligent act of the state's agents, employees or invitees, the repair
or correction of which shall be the sole responsibility of the state.
C. Except in emergency situations, the Lessor shall give not less than 48 hour prior notice to state tenants, when any pest control, remodeling, renovation, or repair work
affecting the state occupied space may result in employee health concerns in the work environment.
D. In case Lessor, after notice in writing from the State requiring the Lessor to comply with the requirements of this paragraph in regard to a specified condition, shag fail,
refue or neglect to comply with such notice, or in the event of an emergency constituting a hazard to the health or safety of the state's employees, property, or invitees, the
State may terminate this (rase without further obligation or at its option, perform such maintenance or make such repair at its own cost and, in addition to any other remedy
the state may have, may withhold rent due and deduct the amount thereof, including necessary costs incurred by the state required for the administration of such
maintenance and repairs, from the rent that may then be or thereafter become due hereunder.
Painting 15. In addition to any painting completed prior to the commencement of this lease, and touch -up painting required after initial occupancy upon receipt of written request from the state,
Lessor agrees at Lessor's sole cost and expense to repaint all painted surfaces (Ixl interior and i I exterior) of the leased premises in accordance with the attached Exhibits "A" and "B °. in no
event shall Lessor be required to repaint more than once during the first sixty (60) month period of this lease after the painting completed prior to the commencement date, and once during any
succeeding sixty (60) month period. Lessor shall, within forty -five (45) days from the gluing of any such notice, arrange for and complete the painting. colors are to be approved by the state.
Lessor, at Lessors sole cost, shall arrange for moving of f rviture and equipment prior and subsequent to the repainting, and provide drop cloths, and covers as necessary.
Change Orders and 16. The state shall have the right during the existence of this lease to make change orders and alterations; attach fixtures; and erect additions, structures, or signs in or upon the leased
Alterations premises only, with written permission from the Lessor. such fixtures, additions, structures, or signs so placed in or upon or attached to the premises under this lease or any extension hereof shall
be and remain the property of the state and may be removed thrref rom by the state prior to the termination or expiration of this lease or any renewal or extension hereof, or within a reasonable
time thereafter.
to the event alterations, fixtures, additions, structures, or signs in or upon the leased premises are desired by state and state elects not to perform the work, any such work, when
authorized In writing by the state shag be performed by the Lessor in accordance with plans and specifications provided by state. Lessor agrees to obtain competitive bids from at least three
licensed contractors and to contract with the lowest bidder. Lessor f lrther agrees that the overhead and profit for the work shag not exceed fifteen percent ( 15%) total for Lessor and any general
contractor combined. within forty -five (45) days after receiving Lessor's notice of completion of the requested work and an invoice requesting payment therefor, together with a complete detailed
Page -5 "RESD Std. Form 1 Lease'2002 Revised 518103
0 ()(-1 -233
in the event the state remains in possession of said premises though partially damaged, the rental as herein provided shall be reduced by the same ratio as the net square feet the state is
thus precluded from occupying bears to the total net square feet in the leased premises. -Net square feet° shag mean actual inside dimensions and shag not include public corridors, stairwells,
elevators, and restrooms.
it is understood and agreed that the state or its agent has the right to enter its destroyed or partially destroyed leased facilities no matter what the condition. At the state's request, the
Lessor shag immediately identify an appropriate route through the building to access the state leased space. if the Lessor cannot identify an appropriate access route, it is agreed that the state
may use any and all means of access at its discretion in order to enter its leased space. Any such entry by the state shag be at the sole risk of the state and Lessor shall have no liability with
respect to any injury or death of any employee, agent, or contractor of the state or any damage or loss of property suffered in connection with any such entry. The state agrees to indemnify,
protect and hold Lessor, its officials, offirm, agents, and employees harmless from and against any and all claims, losses, liabilities, damages, actions, judgments, costs, and expenses which they
, or any of them, may suffer or incur as a result of any such entry by the state.
Notwithstanding any term or provision of this Paragraph 20 or of the lease to the contrary, Lessors obligation to repair or restore the premises shall be limited to the extent of the repairs
and restorations which reasonably can be accomplished with available insurance proceeds, if any. in no event shag Lessor have any responsibility to pay for or to repair or replace the trade
fixtures, equipment or other personal property of the state which may have been lost, damaged or destroyed as it result of any casualty.
Subrogation Waived 21. To the extent authorized 4 any fire and extended coverage insurance policy issued to Lessor on the herein leased premises, Lessor hereby waives the subrogation rights of the insurer,
and releases the state from liability for any loss or damage covered by said insurance, except damage that may have been caused by state.
Prevailing wage 22. For those projects defined as "public works` pursuant to Labor code § 1720.2, the following shag apply:
Provision A. Lessor /contractor shall comply with prevailing wage requirements and be subject to restrictions and penalties in accordance with § 1770 et seq. of the Labor code which
requires prevailing wages be paid to appropriate work classifications in all bid specifications and subcontracts.
B. The Lessor /contractor shag furnish all subcontractors /employees a copy of the Department of industrial Relations prevailing wage rates which Lessor will post at the job
site. All prevailing wage rates shall be obtained by the Lessor /contractor from:
Department of Industrial Relations
Division of Labor Statistics and Research
455 Golden Gate Avenue, 8`h Floor
San Francisco, California 94102
C. Lessor /contractor shag comply with the payrog record keeping and availability requirement 4§1776 of the Labor code. Q 0 r � 2 4
Page,b `RESD SO. Form 1 Lease-2002 Revised 518103
accounting of all costs for each trade, state agrees to either reimburse Lessor 4 a single total payment for the cost of such work; or, with Lessor's prior written approval, state will amortize the
cost of the requested work over the remaining term of this lease by increasing the monthly rent 4 an amount to include principal and interest on the unpaid balance. The interest rate may not
exceed the prime rate (the base rate on corporate loans posted by at least seventy five percent (75%) of the nation's 30 largest banks) plus 2 percent (2%) as of the date of the state's written
authorization to proceed. All tenant improvements /work requested by the state shall be at the States sole expense.
In the event state terminates this lease on or after the end of the firm term, but before the expiration date of the lease, state agrees to pay to Lessor the portion of the principal balance
which is unamortized as of the effective date of termination. said payment shall be a single payment to be made within forty -five (45) days after the effech'vr date of the termination.
Assignment and
17. The state shall not assign or sublet this lease without prior written consent of the Lessor, which shall not be unreasonably withheld.
Subletting
Quiet Possession
18. The Lessor agrees that the State, while keeping and performing the covenants herein contained, shall at all times during the existence of this lease, peaceably and quietly have, hold,
and enjoy the leased premises without suit, trouble, or hindrance from the Lessor or any person lawfully claiming under Lessor.
Inspection
19. The Lessor reserves the right to enter and inspect the leased premises at reasonable times, and to render services and make any necessary repairs to the premises.
Destruction
20. if the leased premises are totally destroyed by fire or other casualty, to include acts of God, natural disaster, f ire, flood, and earthquakes, this lease shall terminate. if such casualty
shall render 10 percent ( i o%) or less of the floor space of the leased premises unusable for the purpose intended, Lessor shag begin restoration of the premises as quickly as is reasonably possible.
in the event such casualty shag render more than ten percent I to%) of such floor space unusable but not constitute total destruction, Lessor shall forthwith give notice to State of the
specific number of days required to repair the same. If Lessor under such circumstances shall not give such notice within fifteen ( 1 5) calendar days after such destruction, or if such notice shag
Specify that such repairs wig require more than ninety (9o) days to complete from date such notice is given, state, In either such event, at its option may terminate this lease..
in the event of any such destruction other than total, where the State has not terminated the lease as herein provided, or pursuant to the terms hereof has not elected to make the repairs
itse(, Lessor shall diligently prosecute the repair of said premises and, , if said repairs are not completed within the period specified in Lessors notice in connection with partial destruction
aggregating more than ten percent ( i o%), the state shall have the option to terminate this lease. or itself, deducting the cost thereof from the rental due or to become Out under this lease and
any other lease between Lessor and state.
in the event the state remains in possession of said premises though partially damaged, the rental as herein provided shall be reduced by the same ratio as the net square feet the state is
thus precluded from occupying bears to the total net square feet in the leased premises. -Net square feet° shag mean actual inside dimensions and shag not include public corridors, stairwells,
elevators, and restrooms.
it is understood and agreed that the state or its agent has the right to enter its destroyed or partially destroyed leased facilities no matter what the condition. At the state's request, the
Lessor shag immediately identify an appropriate route through the building to access the state leased space. if the Lessor cannot identify an appropriate access route, it is agreed that the state
may use any and all means of access at its discretion in order to enter its leased space. Any such entry by the state shag be at the sole risk of the state and Lessor shall have no liability with
respect to any injury or death of any employee, agent, or contractor of the state or any damage or loss of property suffered in connection with any such entry. The state agrees to indemnify,
protect and hold Lessor, its officials, offirm, agents, and employees harmless from and against any and all claims, losses, liabilities, damages, actions, judgments, costs, and expenses which they
, or any of them, may suffer or incur as a result of any such entry by the state.
Notwithstanding any term or provision of this Paragraph 20 or of the lease to the contrary, Lessors obligation to repair or restore the premises shall be limited to the extent of the repairs
and restorations which reasonably can be accomplished with available insurance proceeds, if any. in no event shag Lessor have any responsibility to pay for or to repair or replace the trade
fixtures, equipment or other personal property of the state which may have been lost, damaged or destroyed as it result of any casualty.
Subrogation Waived 21. To the extent authorized 4 any fire and extended coverage insurance policy issued to Lessor on the herein leased premises, Lessor hereby waives the subrogation rights of the insurer,
and releases the state from liability for any loss or damage covered by said insurance, except damage that may have been caused by state.
Prevailing wage 22. For those projects defined as "public works` pursuant to Labor code § 1720.2, the following shag apply:
Provision A. Lessor /contractor shall comply with prevailing wage requirements and be subject to restrictions and penalties in accordance with § 1770 et seq. of the Labor code which
requires prevailing wages be paid to appropriate work classifications in all bid specifications and subcontracts.
B. The Lessor /contractor shag furnish all subcontractors /employees a copy of the Department of industrial Relations prevailing wage rates which Lessor will post at the job
site. All prevailing wage rates shall be obtained by the Lessor /contractor from:
Department of Industrial Relations
Division of Labor Statistics and Research
455 Golden Gate Avenue, 8`h Floor
San Francisco, California 94102
C. Lessor /contractor shag comply with the payrog record keeping and availability requirement 4§1776 of the Labor code. Q 0 r � 2 4
Page,b `RESD SO. Form 1 Lease-2002 Revised 518103
D. Lessor /contractor shall make travel and subsistence payments to workers needed for performance of work in accordance with the Labor code.
E. Prior to commencement of work, Lessor /contractor shall contact the Division of Apprenticeship standards and comply with § t 777.5, § 1777.6, and § 1777.7 of the
Labor Code and Applicable Regulations
Fair Employment 23. During the performance of this lease, the Lessor shalt not deny benepts to any person on the basis of religion, color, ethnic group identification, sex, age, physical or mental disability,
Practices nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, mental disability, medical
condition, marital status, age, or sex. Lessor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination.
Lessor shall comply with the provisions of the Fair Employment and housing Act (Government Code, section 1290o et seq.), the regulations promulgated thereunder (California
Administrative Code, Title 2, section 7285.o et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government code (Government Code, sections 11135,
11139.5), and the regulations or standards adopted by the awarding state agency to implement such article.
D11BE Participation 24. Lessor hereby represents and certifies that it has fully complied with all Disabled veteran Business Enterprise (DVBE) participation goals or has made good faith efforts, as the case
Requirement may be, as required by Public Contract Code § 1 0,15 et seq., and further agrees that the state or its designees will have the right to review, obtain, and copy all records pertaining to the
contract. Lessor agrees to provide the state or its designee with any requested relevant information and shall permit the state or its designee access to its premises, upon reasonable notice,
during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under
investigation for the purpose of determining compliance with this requirement. Lessor further agrees to maintain such records for a period of three (3) years after final payment under the
contract.
upon completion of this lease, Lessor agrees to submit a Anal report identtfying all DVBES used in providing services or supplies to this lease. Efforts to include DVBES in this contract
shag continue throughout the lease term and any extensions or renewals hereof involving purchases of materials and supplies by the Lessor.
Holding Over 27. to the event the state remains in possession of the premises after the expiration of the lease term, or any extension or renewal thereof, this lease shall be automatically extended on a
month to month basis, subject to thirty (30) days termination by either party, and otherwise on the terms and conditions herein sped pea, so far as applicable. 1f the last rental amount shown in
Paragraph a included the amortization of a capital sum expended by Lessor for certain alterations and improvements, as described in a separate paragraph herein, and the capital sum has been
frilly amortized, the holdover rent shag be reduced by the amount of the monthly amortization. if the state fails to vacate the premises within the notice period and remains for an extended
period, additional rent shall be paid and prorated on a thirty (30) day month, based on the actual number of days the state occupies the premises following the effective date of termination.
Surrender of 28. upon termination or expiration of this lease, the State will peacepilly surrender to the Lessor the leased premises in as good order and condition as when received, except for reasonable
Possession use and wear thereof and damage by earthquake, fire, public calamity, the elements, ads of cod, or circumstances over which state has no control or for which Lessor is responsible pursuant to
this lease. The state shall have no duty to remove any improvements or fixtures placed by it on the premises or to restore any portion of the premises altered by it, save and except in the event
state elects to remove any such improvements or pxtures and such removal causes damages or injury to the leased premises, and then only to the extent of any such damage or injury.
Time of Essence, 29. Time is of the essence of this lease, and the terms and provisions of this lease shall extend to and be binding upon and inure to the benept of the heirs, executors, administrators,
Binding upon successors, and assigns to the respective parties hereto. All of the parties hereto shall be jointly and severally liable hereunder.
Successors
No Oral Agreements 30. It is mutually understood and agreed that no alterations or variations of the terms of this lease shall be valid unless made in writing and signed by the parties hereto, and that no oral
understanding or agreement not incorporated herein, shall be binding on any of the parties hereto.
Hazardous 32. state agrees that it wig comply with all laws, either federal, state, or (oral, existing during the term of this lease pertaining to the use, storage, transportation, and disposal of any
Substance hazardous substance as that term is defined in such applicable law. to the event Lessor or any of it's oidah, officers, employees, or agents should suffer or incur any claim, loss, liability, cost,
or expense, including attorney's fees and costs, as a result of the state's illegal or alleged illegal use, storage, transportation, or disposal of any hazardous substance, including any petroleum
derivative, the state shag indemnify, aefend, and hold harmless any of these individuals and entities against the same. where the state is found to be in breach of this provision due to the
issuance or a government order directing the state to cease and desist any illegal action in connection with a hazardous substance, or to remediate a contaminated condition caused by the state
or any person acting under state's direct control and authority, state shall be responsible for all costs and expenses of complying with such order, including any and all expenses imposed on or
incurred by Lessor in connection with or in response to such government order. to the event a government order is issued naming the state or the state incurs any liability during or after the
term of the lease in connection with contamination which preexisted the state's obligations and occupancy under this lease or which were not caused by the state, Lessor shall hold harmless,
indemnify, and defend the state in connection therewith and shall be solely responsible as between state and Lessor for all efforts and expenses therefore.
Indemnification 33. state agrees to indemnify Lessor and its ojftctals, officers, employees, and agents against any claim, demand, causes of action, judgments, obligations, or liabilities, and all reasonable
litigation and attorney's expenses which they, or any of them may suffer or incur as a direct and proximate result of the negligence or other wrongful act or violation of law by the state, its
Page -7 "RESD Std. Form 1 LeaSe-20()Rf,1
e18
employees, or any person or persons acting under the direct control and authority of the state or its employees, in connection with the state's occupancy under and during the term of this lease,
whether or not such claim is ultimately proved meritorious and /or successful, except to the extent that any such damages or expenses suffered are the result of Lessors, or its officials, 41cers,
employees or agents negligent or wrongful acts or any persons acting under or on behalf of the Lessor and /or except where the state is found to have no liability by reason of any immunity arising
by statute or common law in connection with the KiIlment of state's constitutional and statutory public responsibilities
00f,24-2
Page -8 "RESD Std. Form 1 LeaSe "2002 ReVlsed 5/8/03
IN WITNESS WHEREOF, this lease has been executed by the parties hereto as of the date first above written.
STATE OF CALIFORNIA
Approval Recommended
DEPARTMENT OF GENERAL SERVICES
REAL ESTATE SERVICES DIVISION
PROFESSIONAL SERVICES BRANCH
LM
SCOTT MOORE, Real Estate Officer
Real Estate Services Section
Date
Approved
DIRECTOR OF THE DEPARTMENT
OF GENERAL SERVICES
By
CHERYL L. ALLEN, Manager
Real Estate Leasing and Management Section
Date
LESSOR
CITY OF MOORPARK
By
Patrick Hunter, Mayor
Date
ATTEST:
By
Deborah S. Traffenstedt, City Clerk
OW 243
Page -9 'RESD Std. Farm 1 Lease'2002 Revised 518103
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