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HomeMy WebLinkAboutAGENDA REPORT 2022 0615 CCSA REG ITEM 10JCITY OF MOORPARK, CALIFORNIA City Council Meeting of June 15, 2022 ACTION APPROVED STAFF RECOMMENDATION. BY A. Hurtado. J. Consider Approval of Lease Agreement with the Children and Families First Commission of Ventura County for the Ruben Castro Human Services Center, 612 Spring Road, Building B, Suite 401. Staff Recommendation: Approve Lease Agreement between the City of Moorpark and Children and Families First Commission of Ventura County for the Ruben Castro Human Services Center, Suite 401, 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.J. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Jessica Sandifer, Community Services Manager DATE: 06/15/2022 Regular Meeting SUBJECT: Consider Approval of Lease Agreement with the Children and Families First Commission of Ventura County for the Ruben Castro Human Services Center, 612 Spring Road, Building B, Suite 401 BACKGROUND The City of Moorpark completed construction of the Ruben Castro Human Services Center (RCHSC) in 2013. The purpose of the center was to provide a “one-stop” location for various social service organizations. Catholic Charities (Suite 101), Interface Children and Family Services (Interface) (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. At the expiration of the Interface lease, the Children and Families First Commission (known as First 5 Ventura County) let the City know that they would be interested in renting Suite 401 to continue providing the First 5 program at the RCHSC. On July 21, 2021, the City Council approved a one-year lease agreement with the Children and Families First Commission of Ventura County, known as First 5 Ventura County for operation of the Neighborhoods for Learning program. That lease is due to expire on July 31, 2022. DISCUSSION The services provided at the RCHSC by the First 5 program have proven valuable to the low income and vulnerable families in Moorpark and the surrounding areas. In this last year, First 5 Ventura County has helped educate 260 families through their Parent and Child Together classes, which help parents learn how to deal with tantrums and other behavioral issues. In addition, First 5 Ventura County passes out supplies to participant families, such as masks, hand sanitizer, diapers and other needed items. They have also Item: 10.J. 1232 Honorable City Council 06/15/2022 Regular Meeting Page 2 facilitated several seasonal events, including a toy donation, and a reading day with the Ventura County Sheriff’s Office. Staff feels the services they provide are a benefit to the community and it is appropriate to continue the provision of these services at the RCHSC by First 5 Ventura County. The First 5 Ventura County lease term is proposed for one year. As with the prior lease, the City would provide heating, ventilating and air conditioning, power, water and sewer service, and solid waste collection for the site, and 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 and replace light bulbs in the suite. The lease rate is set at $2,307.75 per month. The rental rates are set such that the rents will offset the operation and maintenance costs. FISCAL IMPACT The total annual revenue received from this lease is $27,693. Estimated Fiscal Year 2022/23 expenditures at the RCHSC total $134,307. Estimated lease revenues for Fiscal Year 2022/23, across all leases, are $136,708. Lease revenues from this lease are sufficient to cover the maintenance and operating costs at the RCHSC proportional to Suite 401. COUNCIL GOAL COMPLIANCE This action does not support a current strategic directive. STAFF RECOMMENDATION Approve Lease Agreement between the City of Moorpark and Children and Families First Commission of Ventura County for the Ruben Castro Human Services Center, Suite 401, and authorize the City Manager to execute the Lease Agreement, subject to final language approval of the City Manager. Attachment: Children and Families First Commission of Ventura County Lease Agreement 1233 12853-0001\2288216v3.doc LEASE THIS LEASE (“Lease”) is dated as of __________________ 2022, and is entered into by and between the CITY OF MOORPARK, a municipal corporation, as landlord (“City”), and the CHILDREN AND FAMILIES FIRST COMMISSION OF VENTURA COUNTY (known as FIRST 5 VENTURA COUNTY), an independent governmental entity, for operation of the NEIGHBORHOODS FOR LEARNING program, as tenant (“Tenant”). SECTION 1. PROPERTY LEASED City hereby leases to Tenant, and Tenant hereby leases from the City, Suite 401, 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 3,077 sq. ft. 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. 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 City. SECTION 2. TERM The term of this Lease shall commence on August 1, 2022 (“Commencement Date”), and shall continue for twelve (12) months, unless sooner terminated as provided in this Lease. SECTION 3. OPTION(S) TO EXTEND This section is left intentionally blank. ATTACHMENT 1234 -2- 12853-0001\2288216v3.doc 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 two thousand three hundred seven dollars seventy-five cents ($2,307.75) per month. Rent is comprised of $0.10 per square foot for the use of the Premises and $0.65 per square foot for the proportional share of utilities, maintenance, and janitorial services as set forth in Section 12. A late rent charge equal to five percent (5%) 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 exceeding 30-days 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 deposited with City three thousand seventy-seven dollars ($3,077) (“Security Deposit”), which will be retained by City for the new lease term. 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 fifteen (15) 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 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 1235 -3- 12853-0001\2288216v3.doc the date City delivers such request and deposits any cash constituting the Security Deposit with such purchaser. SECTION 7. INDEMNIFICATION 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. City agrees to defend, indemnify, and hold harmless Tenant, its officers, agents, employees, and/or volunteers from any and all claims, demands, losses, damages and expenses, including legal fees and costs, or other obligations or claims arising out of any liability or damage to person or property, or any other loss, sustained or claimed to have been sustained arising out of activities of the City or those of any of its officers, agents, employees, or subcontractors of City, whether such act or omission is authorized by this Agreement or not. Tenant’s and City’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. 1236 -4- 12853-0001\2288216v3.doc SECTION 10. USE; BUILDING HOURS Tenant shall use the Premises for purpose of operating an Early Childhood Education and Family Resource Center 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 thirty (30) days after written demand. SECTION 12. UTILITIES; MAINTENANCE; JANITORIAL; The City, at its cost, will contract with utility providers to provide heating, ventilating and air conditioning, power, gas, 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 annual service for fire extinguishers located in the Main Lobby area and within the Premises. The City, at its cost, will contract with vendors to provide building security services and all maintenance, including general building maintenance and common area landscape maintenance. The City shall provide janitorial service and supplies for the Main Lobby at a service level determined by the City. Tenant shall provide janitorial services and supplies for the 1237 -5- 12853-0001\2288216v3.doc interior of the suite during the term of this Agreement. Daily services shall include wiping down surfaces, vacuuming, and collection of all trash and rubbish material. Tenant shall supply proper containers for trash. Tenant shall maintain the Premises at all times in a neat, orderly, and safe condition. Tenant shall be responsible for telephone service, cable television and internet service to the Premises. Tenant shall be responsible for installation of security equipment to serve within the leased Premises and payment for monthly monitoring of security services at Tenant’s sole cost and expense in the event Tenant elects to have such additional service. Tenant shall annually, at its cost, steam clean carpets to remove all stains and spots. City 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. 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, except for normal wear and tear. 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 15% 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 improvements and personal property which are located on the Premises or Tenant shall 1238 -6- 12853-0001\2288216v3.doc file appropriate paperwork with tax collector to exempt organization from any taxes and assessments, if eligible. 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 Tenant, shall have removed, at his own expense, all property, improvements, and installations of any kind owned or placed on the Premises by the Tenant, along with all debris, surplus and salvage material, and shall leave the Premises in substantially the same condition as when first occupied by the Tenant. If the Tenant does not remove, or has not completed removal of his property, improvements and installations within fifteen (15) days after such expiration, termination or cancellation, title thereto shall vest in the City. 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, the reasonable and actual cost 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. 1239 -7- 12853-0001\2288216v3.doc 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. 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 City or 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 1240 -8- 12853-0001\2288216v3.doc 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. 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. 1241 -9- 12853-0001\2288216v3.doc 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 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 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: 1242 -10- 12853-0001\2288216v3.doc City: City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Attn: City Manager Tenant: First 5 Ventura County 2580 E. Main Street, Suite 203 Ventura, CA 93003 Attn: Executive Director 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. 1243 -11- 12853-0001\2288216v3.doc 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. SECTION 36. TERMINATION The City or Tenant may, in its sole and absolute discretion, terminate this Lease upon ninety (90) days prior written notice to the other party. 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: CHILDREN AND FAMILIES FIRST COMMISSION OF VENTURA COUNTY, a independent governmental entity By: Petra Puls Executive Director 1244 A-1 12853-0001\2288216v3.doc EXHIBIT "A" DIAGRAM OF PREMISES (Attached.) Includes exterior play space 1245 B-1 12853-0001\2288216v3.doc EXHIBIT “B” INSURANCE REQUIREMENTS Tenant shall procure and maintain, during the term of this Agreement and at Tenant’s expense, General Liability Insurance coverage of $1,000,000 per occurrence and $2,000,000 general aggregate. General Liability insurance shall include broad form property damage, and personal and advertising injury coverage. Such General Liability insurance shall be written on an occurrence basis. General Liability insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII, unless otherwise acceptable to the City. Tenant shall provide certificates of insurance to the City as evidence of the insurance coverage required herein, not less than 30 days prior to commencing of the Lease, and at any other time upon the reasonable request of the City. Tenant’s Commercial General Liability insurance shall name the City, its employees, and board members as additional insureds, evidenced by endorsement CG 20 11, to the policy. An alternative endorsement may be acceptable upon approval by the City. Tenant’s Commercial General Liability insurance shall provide a list of endorsements and exclusions. Failure on the part of Tenant to procure or maintain required insurance shall constitute a material breach of contract under which the City may immediately terminate this Agreement. City will accept insurance coverage from Tenant’s Joint Powers Authority (JPA) or private insurance carrier. If Tenant’s insurance is not through its JPA, insurance required hereunder shall be in companies listed in the most current issue of “Best’s Insurance Guide” as licensed in the State of California and holding a “General Policyholders Rating” of A or better; or, if listed as not licensed in the State of California, in companies holding a “General Policyholders Rating” of A:XV as set forth in the most current issue of “Best’s Insurance Guide.” Tenant shall deliver to City a certificate of insurance evidencing the existence of coverages satisfactory to City. Certificate of Insurance shall include Additional Insured/City endorsement number CG 20 11 in favor of The City of Moorpark. Upon request of City, Tenant shall, within thirty (30) days prior to the expiration of such certificates of insurance, furnish City with renewals or “binders” thereof, or City may order such insurance and charge the cost thereof to Tenant, which amount shall be payable by Tenant upon demand. Tenant shall not do or permit to be done anything which shall invalidate the insurance policies referred to in Exhibit B. 1246 C -1 12853-0001\2288216v3.doc EXHIBIT “C” LOCATION OF RESERVED TENANT PARKING SPACES 1247