HomeMy WebLinkAboutAGENDA REPORT 2021 0901 CCSA REG ITEM 10KCITY OF MOORPARK, CALIFORNIA
City Council Meeting
of September 1, 2021
ACTION APPROVED STAFF
RECOMMENDATION.
BY B. Garza.
K. Consider Approval of Lease Agreement with Catholic Charities for the Ruben
Castro Human Services Center, 612 Spring Road, Building B, Suite 101. Staff
Recommendation: Approve Lease Agreement between the City of Moorpark and
Catholic Charities for the Ruben Castro Human Services Center, Suite 101, and
authorize the City Manager to execute the Lease Agreement, subject to final
language approval of the City Manager. (Staff: Jessica Sandifer, Community
Services Manager)
Item: 10.K.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Jessica Sandifer, Community Services Manager
DATE: 09/01/2021 Regular Meeting
SUBJECT: Consider Approval of Lease Agreement with Catholic Charities for the
Ruben Castro Human Services Center, 612 Spring Road, Building B,
Suite 101
BACKGROUND
The City of Moorpark completed construction of the Ruben Castro Human Services
Center (RCHSC) in 2013. The purpose of the RCHSC was to provide a “one-stop”
location for various social service organizations. Catholic Charities (Suite 101), Interface
Children and Family Services (Suite 201), County of Ventura Human Services Agency
(Suite 301), and the Boys and Girls Club of Simi Valley (First 5 Program Operator) (Suite
401) were the original tenants in Building B at its completion. In 2019, Interface took over
operation of the First 5 Program from the Boys and Girls Club of Simi Valley, under
contract with the Children and Families First Commission. Interface’s contract for the
First 5 Program and lease of Suite 401 expired on June 30, 2021. The original lease term
for the County Human Services Agency expires in September 2022 and still has two 5-
year options to extend. The terms for Catholic Charities (Suite 101) and Interface (Suite
201) expire on August 31, 2021. The City Council recently approved a lease agreement
with the Children and Families First Commission (known as First 5 Ventura County) for
Suite 401, in order to continue providing the First 5 Program at the RCHSC.
DISCUSSION
The services provided at the RCHSC have proven valuable to the low income and
vulnerable residents of Moorpark and the surrounding areas. Staff feels it is appropriate
to continue the relationships with the entities that provide these services by renewing the
lease agreement with Catholic Charities.
Catholic Charities has expressed an interest in continuing the lease of their suite at the
RCHSC. The lease proposed is identical to the prior lease term. The term is proposed
Item: 10.K.
1153
Honorable City Council
09/01/2021 Regular Meeting
Page 2
to be for three years with two options to extend for an additional three years. The rent
has been adjusted to account for a 3% increase over the current rental rate and 3%
annual increases are included for the lease term. The Catholic Charities rent is $1,266
per month. The City will continue to provide heating, ventilating, and air conditioning,
power, water, and sewer service, and solid waste collection for the site. The City will also
continue to provide common area maintenance for the landscaping, parking lot, and
building lobby, and will pay the monthly alarm monitoring costs associated with the lobby
and common area. The rental rates are set such that the rents will offset the operation
and maintenance costs.
FISCAL IMPACT
The total annual revenue received from the lease is $15,192. Estimated Fiscal Year
2021/22 expenditures at the RCHSC total $97,957. The lease revenues provided, in
addition to the annual lease revenues from the other three tenants at the RCHSC (totaling
$131,390), are sufficient to cover the maintenance and operating costs at the RCHSC.
COUNCIL GOAL COMPLIANCE
This action does not support a current strategic directive.
STAFF RECOMMENDATION
Approve Lease Agreement between the City of Moorpark and Catholic Charities for the
Ruben Castro Human Services Center, Suite 101, and authorize the City Manager to
execute the Lease Agreement, subject to final language approval of the City Manager.
Attachment: Catholic Charities Lease Agreement
1154
12853-0001\2288216v3.doc
LEASE
THIS LEASE (“Lease”) is dated as of __________ 20____, and is entered into by and
between the CITY OF MOORPARK, a municipal corporation, as landlord (“City”), and
Catholic Charities of Los Angeles, Ventura County Region, a non-profit organization, as
tenant (“Tenant”).
SECTION 1. PROPERTY LEASED
City hereby leases to Tenant, and Tenant hereby leases from the City, Suite 101, at 612
Spring Road, Building B, Moorpark, California, commonly known as the Ruben Castro
Human Services Center (“Premises”). The Premises are depicted on Exhibit “A”, and
comprise approximately 4,715 sq. ft. The Lease Space consists of approximately 2,751
square feet of office space and 1,964 square feet of warehouse space. A vestibule and
restroom area contiguous to the space and directly accessible from the exterior of the
building, approximately 203 square feet, and a common electrical and server room,
approximately 285 square feet, are not included within the Premises for purpose of
calculating monthly rent.
Conference room 104, also shown on Exhibit “A”, is common area space (hereinafter
“Shared Space”) which may be used by the Tenant, and other building tenants, with such
use arranged through the City of Moorpark or its authorized agent, in accordance with
Section 11 below.
Tenant accepts the Premises, conference room and Building in their current “AS-IS”
condition, without representation or warranty, express or implied, and acknowledges that
Tenant has had an opportunity to inspect the same.
The subject leased premises have not been inspected by a Certified Access Specialist
(CASp). A Certified Access Specialist (CASp) can inspect the subject premises and
determine whether the subject premises comply with all of the applicable construction-
related accessibility standards under state law. Although state law does not require a
CASp inspection of the subject premises, the commercial property owner or lessor may
not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises
for the occupancy or potential occupancy of the lessee or tenant, if requested by the
lessee or tenant. The parties shall mutually agree on the arrangements for the time and
manner of the CASp inspection, the payment of the fee for the CASp inspection, and the
cost of making any repairs necessary to correct violations of construction-related
accessibility standards within the premises.
City and Tenant hereby agree, however, that City shall bear the cost of any such CASp
inspection or repairs it being the intent and agreement of City and Tenant that any such
repairs be performed by Tenant.
SECTION 2. TERM
The term of this Lease shall commence on September 1, 2021 (“Commencement Date”),
and shall continue for three (3) years, unless sooner terminated as provided in this Lease.
ATTACHMENT
1155
-2-
12853-0001\2288216v3.doc
SECTION 3. OPTION(S) TO EXTEND
Tenant will have two (2) three-year options to extend. Each such option may only be
exercised by written notice to City given at least six (6) months prior to the end of the
then-current term.
SECTION 4. HOLDING OVER
If Tenant shall retain possession of the Premises beyond the term of this Lease, without
the express written consent of the City Manager, Tenant shall be a Tenant at will. If the
City Manager consents in writing to a month-to-month term, then Tenant’s term and
tenancy shall be month-to- month during such hold-over period at a rental rate of 110%
of the rent in effect prior to the expiration of the term, which shall further increase by five
percent (5%) on each anniversary of the expiration of the term.
SECTION 5. RENT
Monthly rent for Premises (“Monthly Rent”) shall be one thousand two hundred sixty-six
dollars ($1,266) per month, and will be increased by three percent (3%) on each
anniversary of the Commencement Date (including during any extension periods), and
shall be paid without prior demand, and without offset or deduction, to the City at its
address for notices under Section 30.
A late rent charge equal to ten percent (10%) of the Monthly Rent shall be payable if any
payment of rent is late by ten (10) business days or more, and Tenant agrees that
Landlord’s damages in the event of late payment are impractical and difficult to determine,
and such late charge is a reasonable estimate of the damages Landlord could suffer as
a result of late payments. Additionally, interest shall be paid on all sums past-due, from
the date due until the date paid, at the rate of six percent (6%) per annum, but not greater
than the maximum rate permitted by law.
SECTION 6. SECURITY DEPOSIT.
Tenant has previously provided a deposit of one thousand dollars ($1,000). Upon its
execution and delivery of this Lease to City, Tenant shall increase deposit with City such
that deposit equals the current one month’s rent rate (“Security Deposit”). The Security
Deposit shall be held by City as security for the faithful performance by Tenant of all of
the terms, covenants, and conditions of this Lease to be kept and performed by Tenant
during the Term hereof. If a default by Tenant occurs under Section 16 below, City may
(but shall not be required to) use, apply or retain all or any part of the Security Deposit for
the payment of any rent or any other sum in default, or for the payment of any other
amount which City may spend or become obligated to spend by reason of Tenant’s default
under Section 16 below or to compensate City for any loss or damage which City may
suffer by reason of Tenant’s default under Section 16 below. If any portion of the Security
Deposit is so used or applied, Tenant shall, within ten (10) days after written demand
therefor, deposit cash with City in an amount sufficient to restore the Security Deposit to
one (1) full month’s rent at the then-current rental rate. City shall not be required to keep
the Security Deposit separate from its general funds, and Tenant shall not be entitled to
1156
-3-
12853-0001\2288216v3.doc
interest on such Security Deposit. TENANT WAIVES ANY RIGHTS IT MAY HAVE
UNDER SECTION 1950.7 OF THE CALIFORNIA CIVIL CODE WITH RESPECT TO THE
SECURITY DEPOSIT. Within ninety (90) days following the expiration of the Term or
earlier termination of this Lease and Tenant’s vacation of the Premises, the Security
Deposit or any unapplied balance thereof shall be returned to Tenant. City shall be
discharged from any further liability with respect to such Security Deposit accruing after
the date City delivers such request and deposits any cash constituting the Security
Deposit with such purchaser.
SECTION 7. INDEMNIFICATION BY TENANT
Tenant shall, at Tenant’s sole expense and with counsel reasonably acceptable to the
City, defend, indemnify, and hold harmless the City and City’s officers, employees, and
agents and from and against all claims, losses, causes of action, damages, liabilities,
expenses, charges, assessments, fines or penalties of any kind, from any cause, arising
out of or relating (directly or indirectly) to this Lease, the tenancy created under this Lease,
or the use of the Premises or building or parking by Tenant or its employees, agents, or
contractors, or their breach of this Lease, or other activities.
Tenant’s indemnification and defense obligations hereunder shall survive the expiration
or earlier termination of this Lease.
SECTION 8. NOTICE OF NON-ELIGIBILITY FOR RELOCATION BENEFITS;
WAIVER
As a post-acquisition tenant, Tenant will not be eligible for relocation benefits under the
federal and state law. This notice is to inform you of the following information before you
enter into this Lease:
1. You are obligated to vacate the Premises at the end of the Lease term.
2. if you are permitted to remain under Section 4, you will be subject to the rent
increase described therein.
3. You will not be entitled to any relocation benefits upon the expiration of this
Lease or any earlier termination of this Lease pursuant to its terms, or the
termination of any month-to-month tenancy under Section 4.
Tenant hereby waives and agrees not to assert any and all claims for relocation benefits.
SECTION 9. TERMINATION DUE TO CESSATION OR REDUCTION OF
FUNDING
Tenant shall have the right to terminate this Lease upon thirty (30) days’ prior written
notice to City with reasonable evidence that governmental funding to Tenant is materially
reduced, or suspended or terminated.
1157
-4-
12853-0001\2288216v3.doc
SECTION 10. USE; BUILDING HOURS
Tenant shall use the Premises to provide public programs including case management,
financial services, material services and food pantry and distribution services and for no
other purpose without the prior written consent of the City Manager in his or her sole and
absolute discretion.
Normal hours of building operation shall be between 6:00 a.m. to 10:00 p.m. Monday
through Friday and 7:00 a.m. to 6:00 p.m. Saturday and Sunday. The City may revise
the hours of operation upon written notice to Tenant.
The building shall be closed on City-observed holidays unless other arrangements are
requested in writing by Tenant. Typical City-observed holidays include New Year’s Day;
January 2 (if it falls on a Friday); Martin Luther King, Jr. Day; Presidents Day; Cesar
Chavez Day; Memorial Day; Independence Day (July 4th); Labor Day; Veterans Day;
Thanksgiving Day; day following Thanksgiving; after noon on Christmas Eve day; and
Christmas Day.
After regular hours of operation, the exterior building doors and courtyard gates may be
locked daily. In addition, the building security system may either be automatically armed
or manually armed by City staff. In the event City staff is called out to reset an alarm that
has been activated by the Tenant or the Tenant requests unscheduled access to the
building after hours, Tenant shall be charged $150.00 per occurrence.
SECTION 11. USE OF SHARED SPACE
Use of the Shared Space (Conference Room 104) be scheduled by and reserved through
the City or its authorized agent. Upon and as a condition to each reservation, a cleaning
deposit in an amount set by the City Manager will be delivered to and held by the City
and may be used for cleaning. In the event that cleaning of the room is required following
an event which exceeds the amount of such deposit, the Tenant will be billed for actual
staff time and costs expended, and shall pay such sums within ten (10) days after written
demand.
SECTION 12. UTILITIES; MAINTENANCE
The City, at its cost, will contract with utility providers to provide heating, ventilating and
air conditioning, power, water and sewer service, and solid waste collection to the
Premises in quantities customary for normal office purposes and shall make payments
directly to the utility company furnishing such services; however, the City shall not be
liable for interruptions of service. The City shall provide janitorial service for the Main
Lobby at a service level determined by the City. The City shall provide annual service for
fire extinguishers located in the Main Lobby area and within the Premises.
Tenant shall be responsible for telephone service, cable television, internet and janitorial
services and supplies to the Premises. Tenant shall be responsible for installation of
security equipment to serve the Premises and payment for monthly monitoring of security
1158
-5-
12853-0001\2288216v3.doc
services at Tenant’s sole cost and expense in the event Tenant elects to have such
additional service.
Tenant shall, on a calendar quarterly basis, at its cost, strip all hard surfaces of floors and
apply a new coat of floor finish and buff as necessary to produce a shining appearance,
and treat carpets for static electricity control. Tenant shall also annually, at its cost, steam
clean carpets to remove all stains and spots.
Tenant shall furnish and replace any inoperative light bulbs and fluorescent tubes within
the Premises. Bulbs and tubes shall be installed with the same in- kind replacement bulb
or tube recommended by the light fixture manufacturer.
Tenant shall, at its cost, provide interior painting on an as needed basis as determined
by the City Manager or his/her designee, but no less than every seven years. Paint colors
may be proposed by City or Tenant, and the other party will not unreasonably withhold
consent. The tenant, at the tenant’s sole cost, shall arrange for moving of furniture and
equipment prior and subsequent to the painting and provide/install drop cloth and covers
as needed.
Notwithstanding any other provision of this Agreement to the contrary, any damage to the
property, the facility or any City owned or supplied furnishings and equipment which is
caused by Tenant and/or its agents, officers or employees may be repaired or replaced
by the City, but at the sole expense of the Tenant. Upon completion of such repair or
replacement, the City shall submit an invoice for the costs thereof to the Tenant, and the
Tenant shall promptly pay the same, plus a 20% administration fee.
Tenant shall, at its cost, provide minor plumbing repairs, such as the clearing of clogged
sinks, toilets and/or urinal drains, minor leaks in faucets, etc. Tenant shall immediately
contact the City Manager or his/her designee upon detection of any plumbing problems.
SECTION 13. PARKING
City shall post signs and mark (on pavement) that the eight (8) spaces depicted on Exhibit
“C” have been designated for Tenant employee parking. Other parking for the building is
available for use on a first-come, first-served basis, but City may reasonably reserve other
spaces for other Tenants.
Except for pool vehicles (addressed below), overnight parking (between the hours of
10:00 p.m. and 6:00 a.m.) is prohibited; vehicles parked overnight may be cited and be
towed at the vehicle owner’s expense. Overnight parking of tenant-operated pool
vehicles shall occur on a permit-only basis in designated spaces only; such arrangements
must be made in writing with the City, and Tenant shall bear the cost of producing and
installing signage for designated stall(s).
SECTION 14. TAXES, ASSESSMENTS, AND LIENS
Tenant shall pay directly to the tax collector, when due, all taxes and assessments which
may be levied against Tenant’s possessory interest in the Premises and upon all
1159
-6-
12853-0001\2288216v3.doc
improvements and personal property which are located on the Premises. Within five
(5) business days after the date when any tax or assessment would become delinquent,
Tenant shall deliver to City reasonable evidence of payment.
Tenant shall keep the Premises and improvements free from all liens and encumbrances
by reason of the use or occupancy of the Premises by Tenant. If any liens or
encumbrances are filed thereon, Tenant shall remove the same at their own cost and
expense and shall pay any judgment and penalties which may be entered thereon.
Should Tenant fail, neglect, or refuse to do so, City shall have the rights to pay any amount
required to release any lien or encumbrance or to defend any action brought thereon, and
to pay any judgment or penalty, and Tenant shall be liable to City for all costs, damages,
and attorneys’ fees, and any amounts expended in defending any proceedings, or in the
payment of any lien, encumbrance, judgment, or penalty. City may post and maintain
upon the Premises notices of non-responsibility as provided by laws. Upon demand by
City, Tenant shall post the bond contemplated by California Civil Code Section 3143.
SECTION 15. ALTERATIONS/IMPROVEMENTS BY TENANT
Tenant shall not make any alterations, additions, or improvements without the prior written
consent of the City Manager. Any alterations, or additions or improvements installed or
caused to be installed to the site, or any signage, fencing, exterior lighting, or any other
improvements on the Premises (collectively “Installations”) shall be solely at Tenant’s
cost. All alterations, additions and improvements shall be done in a good and
workmanlike manner and diligently prosecuted to completion, and shall be performed and
maintained in strict accord with all federal, state, county, and local laws, ordinances,
codes, standards, and requirements relating thereto. Unless otherwise expressly agreed
to or required by the City in writing, any alterations, additions and improvements shall
remain on and be surrendered with the Lease Space and/or Premises upon the expiration
or termination of this Lease.
SECTION 16. DEFAULTS AND REMEDIES
Tenant shall be in default if Tenant fails to make any payment past due under this Lease
within ten (10) business days after written notice from City or if Tenant fails to comply with
any other provision of this Lease within thirty (30) days after written notice from City.
Upon the expiration or earlier termination of this Lease, the City shall have the right
forthwith to remove Tenant’s personal property from the Premises at the sole cost,
expense and risk of Tenant, which cost and expense Tenant agrees to pay to City within
30 days after written demand, together with interest thereon at the maximum rate allowed
by law from the date of expenditure by City, and City may retain or dispose of such
property in any manner, without liability to Tenant and Tenant hereby waives all laws and
statutes to the contrary.
Upon such a default by Tenant, City may terminate this Lease by written notice to Tenant,
and shall have the right to damages under Civil Code Section 1951.2.
1160
-7-
12853-0001\2288216v3.doc
SECTION 17. PESTICIDES AND HERBICIDES
Tenant shall use pesticides and herbicides on the Premises only in strict accordance with
all applicable statutes, ordinances, rules and regulations. Such pesticides and herbicides
shall be limited to those that are permitted for residential use. Tenant shall not use anti-
coagulant rodenticides on the property for rodent control.
SECTION 18. HAZARDOUS MATERIALS
As used in this Section, Hazardous Materials means any substance, product, waste, or
other material of any nature whatsoever which is or becomes listed, regulated or
addressed pursuant to: (1) the Comprehensive Environmental Response, Compensation
and Liability Act of 1980, 42 U.S.C. Section 9601, et seq. (“CERCLA”); the Hazardous
Materials Transportation Act, 49 U.S.C., Section 1801, et seq.; the Resource
Conservation and Recovery Act, 42 U.S.C., Section 6901, et seq.; the Substances
Control Act, 15 U.S.C., Section 2601, et seq.; the Clean Water Act, 33 U.S.C.
Section 1251, et seq.; the California Hazardous Waste Control Act, Health and Safety
Code Section 25100, et seq.; the California Hazardous Substance Account Act, Health
and Safety Code Section 25330, et seq.; the California Safe Drinking Water and Toxic
Enforcement Act, Health and Safety Code Section 25249.5 et seq.; California
Health and Safety Code Section 25280, et seq. (Underground Storage of Hazardous
Substances); the California Hazardous Waste Management Act, Health and Safety Code
Section 25170.1, et seq.; California Health and Safety Code Section 25501, et seq.;
(Hazardous Materials Response Plans and Inventory); or the Porter-Cologne Water
Quality Control Act, Water Code Section 13000, et seq. all as amended, (2) any other
federal or state law or any local law regulating, relating to, or imposing liability or
standards of conduct concerning any hazardous, toxic or dangerous waste, substance or
material, as now is, or at any time hereafter may be, in effect, and (3) any rule or
regulation adopted or promulgated under or pursuant to any of said laws.
If Tenant receives any notice, whether oral or written, of any inquiry, test, investigation,
enforcement proceeding, environmental audit, or the like regarding any Hazardous
Material within the Premises or building or parking area, Tenant shall immediately deliver
a copy to City.
In no case shall Tenant cause or allow the deposit or disposal of any such substance
within the Premises or Building or parking area. However, household products necessary
for routine cleaning and maintenance of the Premises may be kept in the Premises in
compliance with applicable law in quantities reasonable for office needs.
SECTION 19. CITY INSURANCE
City shall not be obligated to keep the Premises or building and the improvements thereon
insured against any insurable risk; nor shall City insure Tenant for any personal injury or
property damage. Tenant hereby and forever waives all right to claim or recover damages
from City in any amount as the result of any damage to the Premises or any improvement
thereon or as a result of any injury to any person upon the Premises.
1161
-8-
12853-0001\2288216v3.doc
SECTION 20. INSURANCE
Tenant shall maintain prior to the beginning of and for the duration of this Agreement
insurance coverage as specified in Exhibit “B” attached to and part of this Agreement.
The policy shall name the City of Moorpark as additional insured.
SECTION 21. COMPLIANCE WITH LAW; GOVERNING LAW
Tenant shall comply with all applicable federal, state, county and local laws and
regulations in connection with its use of the Premises. The existence, validity,
construction, operation and effect of this Lease and all of its terms and provisions shall
be determined in accordance with the laws of the state of California.
SECTION 22. ENTRY BY CITY
City may enter the Premises upon twenty-four (24) hours prior written notice and Tenant
shall make the Premises available during normal business hours to the City’s authorized
agent or representative for the purpose of; (1) to show the Lease Space to prospective or
actual purchasers, mortgagee, tenants, workmen, or contractors, (2) to make necessary
or agreed repairs, decorations, alterations, or improvements, and (3) at all reasonable
times to examine the condition thereof, including its environmental condition. However,
in an emergency, City’s agent or authorized representative may enter the Premises at
any time without notice prior to Tenant.
SECTION 23. ASSIGNMENT AND SUBLETTING
Tenant may not assign or encumber this Lease or enter into subleases without the prior
written consent of the City Manager in his or her sole and absolute discretion.
Any assignment or subletting without such consent shall be void, and shall entitle City to
terminate this Lease by written notice to Tenant.
SECTION 24. CONDEMNATION
If the whole of the Premises should be taken by a public authority under the power of
eminent domain, then the term of this Lease shall cease on the day of possession by the
public authority. If only a part of the Premises should be taken under eminent domain,
Tenant shall have the right to either promptly terminate this Lease or to continue in
possession of the remainder of the Premises. If Tenant remains in possession, all of the
terms hereof shall continue in effect, the rental payable being reduced proportionately for
the balance of the Lease term. If a taking under the power of eminent domain occurs, all
compensation shall belong to the City except for any award to Tenant for its personal
property.
SECTION 25. WAIVER
A waiver by either party of any default or breach by the other party of any provision of this
Lease shall not constitute or be deemed to be a waiver of any subsequent or other default
1162
-9-
12853-0001\2288216v3.doc
or breach. No waiver shall be binding, unless executed in writing by the party making the
waiver. No waiver, benefit, privilege, or service voluntarily given or performed by either
party shall give the other party any contractual right by custom, estoppel, or otherwise.
The subsequent acceptance of rent pursuant to the Lease shall not constitute a waiver of
any preceding default or breach by Tenant other than default in the payment of the
particular rental payment so accepted, regardless of City’s knowledge of the preceding
default or breach at the time of accepting the rent; nor shall acceptance of rent or any
other payment after termination of the tenancy constitute a reinstatement, extension, or
renewal of the Lease or revocation of any notice or other act by City. No acquiescence,
failure, or neglect of any party hereto to insist on strict performance of any or all of the
terms hereof in one instance shall be considered or constitute a waiver of the rights to
insist upon strict performance of the terms hereof in any subsequent instance.
SECTION 26. SUCCESSORS AND ASSIGNS
The covenants and conditions herein contained shall apply to and bind the heirs,
successors, executors, administrators, and assigns of all the parties hereto.
SECTION 27. CONDITION UPON TERMINATION OR CESSATION
Upon termination of the tenancy, Tenant shall surrender the Premises to City including
all improvements, clean and in good condition, except for ordinary wear and tear and any
improvements that City required to be reconveyed at the expiration or earlier termination
of this Lease when giving approval thereof.
SECTION 28. ATTORNEYS’ FEES
In the event any action, suit or proceeding is brought for the enforcement of, or the
declaration of, any right or obligation pursuant to, this Lease or as a result of any alleged
breach of any provision of this Lease, or for an unlawful detainer action, the prevailing
party shall be entitled to recover its costs and expenses, including attorneys’ fees, from
the losing party, and any judgment or decree rendered in such a proceeding shall include
an award thereof.
SECTION 29. NOTICES AND PAYMENTS
All notices required under this Lease, including notices of change of address, shall be in
writing, and sent by certified mail or reputable overnight delivery service which confirms
delivery, addressed as follows:
City:
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
Attn: City Manager
1163
-10-
12853-0001\2288216v3.doc
Tenant:
Rev. Monsignor Gregory A. Cox, Executive Director
Catholic Charities of Los Angeles, Ventura County Region
303 N. Ventura Avenue
Ventura, CA 93001
Either party may, from time to time, by written notice to the other under this Section,
designate a different address which shall be substituted for the one specified above.
Notices shall be deemed received upon the second (2nd) day after mailing by certified
mail or one (1) business day after delivery to the messenger service.
SECTION 30. PARTIAL INVALIDITY
If any provision of this Lease is found by a court of competent jurisdiction to be invalid,
void or unenforceable, the remainder of this Lease shall nonetheless remain in full force
and effect to the full extent allowed by law.
SECTION 31. GENDER AND NUMBER
For the purpose of this Lease wherever the masculine or neuter form is used, the same
shall include the masculine or feminine, and the singular number shall include the plural
and the plural number shall include the singular, wherever the context so requires.
SECTION 32. SECTION HEADINGS
Section headings in this Lease are for convenience only, and they are not intended to be
used in interpreting or construing the terms, covenants and conditions of this Lease.
SECTION 33. INTEGRATION AND MODIFICATION
This Lease constitutes the entire agreement of the parties concerning the subject matter
hereof and all prior agreements and understandings, oral or written, are hereby merged
herein. This Lease may not be modified or amended except by a writing signed by all of
the parties hereto.
SECTION 34. INTERPRETATION
Should interpretation of this Lease, or any portion thereof, be necessary, it is deemed that
the Lease was prepared by both parties, and this Lease shall not be interpreted against
either party on the ground that the party prepared it or caused it to be prepared.
SECTION 35. VENUE
This Lease is made, entered into, and executed in Ventura County, California, and any
action filed in any court for the interpretation, enforcement or other action arising from any
term, covenant or condition herein shall be filed in the applicable court in Ventura County,
California.
1164
-11-
12853-0001\2288216v3.doc
SECTION 36. TERMINATION BY CITY
The City may, in its sole and absolute discretion, terminate this Lease upon ninety
(90) days prior written to Tenant.
SECTION 37. TIME OF ESSENCE
Time is of the essence of every provision hereof in which time is a factor.
IN WITNESS WHEREOF, the parties have caused this Lease to be executed by their
duly authorized representatives as of the date first written above.
CITY:
CITY OF MOORPARK
By:____________________________
Troy Brown, City Manager
ATTEST:
By:____________________________
Ky Spangler
City Clerk
TENANT:
CATHOLIC CHARITIES OF LOS ANGELES, VENTURA COUNTY REGION.,
a
By:
Rev. Monsignor Gregory A. Cox,
Executive Director
1165
A-1
12853-0001\2288216v3.doc
EXHIBIT "A"
DIAGRAM OF PREMISES
(Attached.)
1166
NAPEXHIBIT A - LEASED PREMISES1167
B-1
12853-0001\2288216v3.doc
EXHIBIT “B”
INSURANCE REQUIREMENTS
Tenant will maintain insurance in conformance with the requirements set forth below.
Tenant acknowledges that the insurance coverage and policy limits set forth in this
section constitute the minimum amount of coverage required, and that any insurance
proceeds available to CITY in excess of the limits and coverage required in this
agreement and which is applicable to a given loss, will also be available to CITY.
Tenant shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office “Commercial
General Liability” policy form CG 00 01 or the exact equivalent. Defense costs must be
paid in addition to limits. There shall be no cross liability exclusion for claims or suits by
one insured against another. Limits are subject to review but in no event less than
$1,000,000 per occurrence and $2,000,000 in aggregate.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including
symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event
to be less than $1,000,000 per accident and $2,000,000 in aggregate. If Tenant owns no
vehicles, this requirement may be satisfied by a non-owned auto endorsement to the
general liability policy described above. If Tenant or Tenant’s employees will use
personal autos in any way on this project, Tenant shall provide evidence of personal auto
liability coverage for each such person.
Pollution Liability Insurance shall be written on a Contractor’s Pollution Liability form or
other form acceptable to the City providing coverage for liability arising out of sudden,
accidental and gradual pollution and remediation. The policy limit shall be no less than
$1,000,000 per claim and aggregate.
Worker’s Compensation on a state-approved policy form providing statutory benefits as
required by law with employer’s liability limits no less than $1,000,000 per accident or
disease.
Insurance procured pursuant to these requirements shall be written by insurers that are
admitted carriers in the State of California and with an AM. Best rating of A- or better and
a minimum financial size VII.
General conditions pertaining to provision of insurance coverage by Tenant. Tenant and
CITY agree to the following with respect to insurance provided by Tenant:
1. Tenant agrees to have its insurer endorse the third party general liability coverage
required herein to include as additional insureds CITY, its officials, employees,
servants, agents, and independent consultants (“City indemnities”), using standard
ISO endorsement No. CG 2011 with an edition prior to 1996. Tenant also agrees
to require all contractors and subcontractors working on the Premise to do likewise.
1168
B-2
12853-0001\2288216v3.doc
2. No liability insurance coverage provided to comply with this Agreement shall
prohibit Tenant, or Tenant’s agents, from waiving the right of subrogation prior to
a loss. Tenant agrees to waive subrogation rights against CITY regardless of the
applicability of any insurance proceeds, and to require all contractors and
subcontractors to do likewise.
3. All insurance coverage and limits provided by Tenant and available or applicable
to this agreement are intended to apply to the full extent of the policies. Nothing
contained in this Agreement or any other agreement relating to the CITY or its
operations limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include any limiting endorsement of any kind that has not been
first submitted to CITY and approved of in writing.
5. No liability policy shall contain any provision or definition that would serve to
eliminate so-called “third party action over” claims, including any exclusion for
bodily injury to an employee of the insured or any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification, and
additional requirements by the CITY, as the need arises. Tenant shall not make
any reductions in scope of coverage (e.g., elimination of contractual liability or
reduction of discovery period) that may affect CITY’S protection without CITY’S
prior written consent.
7. Proof of compliance with these insurance requirements, consisting of certificates
of insurance evidencing all of the coverages required and an additional insured
endorsement to Tenant’s general liability policy, shall be delivered to CITY at or
prior to the execution of this Agreement. In the event such proof of any insurance
is not delivered as required, or in the event such insurance is canceled at any time
and no replacement coverage is provided, CITY has the right, but not the duty, to
obtain any insurance it deems necessary to protect its interests under this or any
other agreement and to pay the premium. Any premium so paid by CITY shall be
charged to and promptly paid by Tenant or deducted from sums due Tenant, at
CITY’s option.
8. Certificates are to reflect that the insurer will provide 30 day notice to CITY of any
cancellation of coverage. Tenant agrees to require its insurer to modify such
certificates to delete any exculpatory wording stating that failure of the insurer to
mail written notice of cancellation imposes no obligation, or that any party will
“endeavor” (as opposed to being required) to comply with the requirements of the
certificate.
9. It is acknowledged by the parties of this agreement that all insurance coverage
required to be provided by Tenant, is intended to apply first and on a primary, non-
contributing basis in relation to any other insurance or self insurance available to
CITY.
1169
B-3
12853-0001\2288216v3.doc
10. Tenant agrees to ensure that subcontractors, and any other party entering onto
the Premises, provide the same minimum insurance coverage required of Tenant.
Tenant agrees to monitor and review all such coverage and assumes all
responsibility for ensuring that such coverage is provided in conformity with the
requirements of this section. Tenant agrees that upon request, all agreements
with subcontractors and other parties entering onto the Premises will be submitted
to CITY for review.
11. Tenant agrees not to self-insure or to use any self-insured retention or deductibles
on any portion of the insurance required herein and further agrees that it will not
allow any contractor, subcontractor, or other entity or person entering onto the
Premises to self-insure its obligations to CITY. If Tenant’s existing coverage
includes a deductible or self-insured retention, the deductible or self-insured
retention must be declared to the CITY. At that time the CITY shall review options
with the Tenant, which may include reduction or elimination of the deductible of
self-insured retention, substitution of other coverage, or other solutions.
12. For purposes of applying insurance coverage, only, this Agreement will be deemed
to have been executed immediately upon any party hereto taking any steps that
can be deemed to be in furtherance of or towards performance of this Agreement.
13. Tenant acknowledges and agrees that any actual or alleged failure on the part of
the CITY to inform Tenant of non-compliance with any insurance requirement in
no way imposes any additional obligations on CITY nor does it waive any rights
hereunder in this or any other regard.
14. Tenant will renew the required coverage annually as long as CITY, or its
employees or agents face an exposure from operations of any type pursuant to
this Agreement. This obligation applies whether or not the Agreement is canceled
or terminated for any reason. Termination of this obligation is not effective until
CITY executes a written statement to that effect.
15. Tenant shall provide proof that policies of insurance required herein expiring during
the term of this Agreement have been renewed or replaced with other policies
providing at least the same coverage. Proof that such coverage has been ordered
shall be submitted prior to expiration. A coverage binder or letter from Tenant’s
insurance agent to this effect is acceptable. A certificate of insurance and/or
additional insured endorsement is required in these specifications applicable to the
renewing or new coverage must be provided to CITY within five days of the
expiration of the coverages.
16. The provisions of any workers’ compensation or similar act will not limit the
obligations of Tenant under this agreement. Tenant expressly agrees not to use
any statutory immunity defenses under such laws with respect to CITY, its
employees, officials, and agents.
1170
B-4
12853-0001\2288216v3.doc
17. Requirements of specific coverage features or limits contained in this section are
not intended as limitations on coverage, limits or other requirements nor as a
waiver of any coverage normally provided by any given policy. Specific reference
to a give coverage feature is for purposes of clarification only as it pertains to a
given issue, and is not intended by any party of insured to be limiting or all-
inclusive.
18. These insurance requirements are intended to be separate and distinct from any
other provision in this agreement and are intended by the parties here to be
interpreted as such.
19. The requirements in this Section supersede all other sections and provisions of
this Agreement to the extent that any other section or provision conflicts with or
impairs the provisions of this Section.
20. Tenant agrees to be responsible for ensuring that no contract used by any party
involved in any way with the project reserves the right to charge CITY or Tenant
for the cost of additional insurance coverage required by this Agreement. Any
such provisions are to be deleted with reference to the CITY. It is not the intent of
CITY to reimburse any third party for the cost of complying with these
requirements. There shall be no recourse against CITY for payment of premiums
or other amounts with respect thereto.
21. Tenant agrees to provide immediate notice to CITY of any claim or loss against
Tenant arising out of the lease of the Premises. CITY assumes no obligation or
liability by such notice, but has the right (but not the duty) to monitor the handling
of any such claim or claims if they are likely to involve CITY.
1171
C -1
12853-0001\2288216v3.doc
EXHIBIT “C”
LOCATION OF RESERVED TENANT PARKING SPACES
(Attached.)
1172
#1 thru #9i l SETl!ACK Suite 101 ONSITE PARKING AND SPACE ASSIGNMENT EXHIBIT Suite 201 BUILDING 0 st( 9m i\22 J(iij.(lO' s,;~ ,01:; ~~t-:_. ~=+ Suite 301 ~ i _'._ /---::::__J ___ :--------.;' :' '-wi \ -. • I H! ~~1;:c,,_~ ~-~-----,,_,,--_ _.,,..,-.,,, ·. ·. . . ~ .. .,--~ .-·, '--. ·-:-_·· .. :_-. __ ·_ . ----.... ' .--------:---~(l}Pltamn!M~ .H 3'iL.' 35 li. ;u_ ~ACS MMA_ Building A 15 Building B, Suite 101 5 Building 8, Suite 201 8 Building B, Sui!e 301 Hl Building B, Suite 401 .1l ~--MBKII Total Unrestricted 38spaces 4spaces ildingA ASSIGNMENT #74 lhru #811 Building B, Suite 201 #6 thru #10 & #21 thrn:#23 .· Building B, Suite 301 #24 thm #30 & #31 thru#33 Gray •~•ding !l~si11mte• oi-n, unNetrtmd ei!~ml patron parltlng 1173