HomeMy WebLinkAboutAG RPTS 1997 0219 RDA REG ‘POPMEHT
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ESTABLISHED
* MARCH 18.19ST * Resolution No. 97-50
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'Sf 1FOFtN�PQP MOORPARK REDEVELOPMENT AGENCY
Cin,CF o� REGULAR MEETING AGENDA
WEDNESDAY, FEBRUARY 19, 1997
7 :00 P.M.
Moorpark Community Center 799 Moorpark Avenue
1 . CALL TO ORDER:
2 . ROLL CALL:
3 . PUBLIC COMMENT:
4 . PRESENTATIONS/ACTION/DISCUSSION:
A. Consider Modification to Housing Rehabilitation Program
Inside the Redevelopment Project Area. Staff
Recommendation: Staff recommends that the implementing
guidelines for the Agency' s Housing Rehabilitation Program
be amended to eliminate the grant portion, effective with
applications received as of February 19, 1997, and that
$15, 000 low interest or no interest loans be made
available to qualified homeowners; 2) That staff be
authorized to work with Habitat for Humanity jointly on
appropriate housing rehabilitation projects .
B. Consider Property Owner' s Consent for Liquor License
Request From Mr. Benjamin Cano (La Playita Restaurant) .
Staff Recommendation: Direct staff as deemed appropriate .
5 . CONSENT CALENDAR: (ROLL CALL VOTE)
A. Consider Approval of Minutes of the Regular Redevelopment
Agency Meeting of February 5, 1997 .
Staff Recommendation: Approve the minutes as processed.
B . Consider Approval of the Warrant Register.
Regular Warrants 518 $10, 444 . 00
Staff Recommendation: Approve the Warrant Register .
I C. Consider Amendment to Terms of the Lease Agreement by and
between Moorpark Redevelopment Agency and Charles Abbott
Associates - 18 High Street. Staff Recommendation: Staff
recommends that the Moorpark Redevelopment Agency
authorize the Executive Director to execute the Lease
Agreement by and between the Agency and Charles Abbott
Associate .
Moorpark Redevelopment Agency Meeting Agenda
February 19, 1997
Page 2
6 . CLOSED SESSION:
A. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Property: 104 High Street, Moorpark, CA 93021
Negotiating Parties: The Redevelopment Agency of the City
of Moorpark and Benjamin Cano (La Playita) .
Under Negotiation: Price and terms of payment .
B. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Property: 68 High Street, Moorpark, CA 93021
Negotiating Parties: The Redevelopment Agency of the City
of Moorpark and Betty Mack.
Under Negotiation: Price and terms of payment .
C . CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Property: 220B High Street, Moorpark, CA 93021
Negotiating Parties: The Redevelopment Agency of the City
of Moorpark and any interested persons .
Under Negotiation: Price and terms of payment .
D. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Property: 224 High Street, Moorpark, CA 93021
Negotiating Parties: The Redevelopment Agency of the City
of Moorpark and any interested persons .
Under Negotiation: Price and terms of payment .
E . CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Property: 226 High Street, Moorpark, CA 93021
Negotiating Parties: The Redevelopment Agency of the City
of Moorpark and Jemco Plumbing
Under Negotiation: Price and terms of payment .
7 . ADJOURNMENT:
Any member of the public may address the Agency during the Public
Comments portion of the Agenda, unless it is a Public Hearing or
Presentations/Action/Discussion item. Speakers who wish to address
the Agency concerning a Public Hearing or Presentations/ Action/
Discussion item must do so during the Public Hearing or
Presentations/ Action/Discussion portion of the Agenda for that
item. Speaker cards must be received by the Secretary for Public
Comment prior to the beginning of the Public Comments portion of the
meeting and for Presentations/Action/Discussion items prior to the
beginning of the first item of the Presentations/Action/Discussion
portion of the Agenda. Speaker Cards for a Public Hearing must be
received prior to the beginning of the Public Hearing. A limitation
of three minutes shall be imposed upon each Public Comment and
Presentations/ Action/Discussion item speaker. Copies of each item
of business on the agenda are on file in the office of the Secretary
and are available for public review. Any questions concerning any
agenda item may be directed to the Secretary/529-6864 .
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss
CITY OF MOORPARK )
AFFIDAVIT OF POSTING
I. Dorothy J. Vandaveer, declare as follows:
That I am the Deputy City Clerk of the City of Moorpark and that an agenda of the Regular Meeting
of the Moorpark Redevelopment Agency to be held February 19, 1997 at 7:00 p.m. in the Council
Chambers of the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California, was
posted on February 14, 1997 at a conspicuous location near the place of the meeting:
Moorpark Community Center
799 Moorpark Avenue
Moorpark, California
I declare under penalty of perjury that the foregoing is true and correct.
Executed on July 23, 1997.
•
Dorothy J. va daveer, Deputy City Clerk
AGENDA REPORT
MOORPARK REDEVELOPMENT AGENCY
TO: Chairman and Members of the Moorpark Redevelopment
Agency
FROM: Steven Hayes, Economic Development /Redevelopment
Manager -
DATE: February 5, 1997 (Mtq. 02/19/97)
SUBJECT: Consider Modification to Housing Rehabilitation Program
Inside the Redevelopment Project. Area
�?I4[N.W "' • i
The Agency's Housing Rehabilitation Program was initiated on
April 5, 1995, with the approval of the first three projects.
The Program allows low income homeowners within the Redevelopment
Project Area to qualify for both grants and loans to make
eligible repairs to their residences.
Homeowners must meet income qualifications, to qualify for this
program. They must be within the "Very Low Income" or "Low
Income" categories, as established by the United States
Department of Housing and Urban Development (HUD). These income
categories take into consideration factors of income, as well as
family size.
Subject properties must qualify for this program, as well. The
homeowner must have clear title and proof of fire insurance. The
property must have the potential for being structurally sound and
free of Health and Safety Code violations, upon completion of
anticipated repairs..
Both Very Low Income participants, as well as Low Income
participants, may qualify for up to a $5,000 grant and a loan of
up to $10,000, for a total project funding of up to $15,000.
Within the maximum project funding of $15,000, the homeowner is
responsible for escrow and title fees (usually about $568). A
contingency fund for unanticipated emergencies is set aside when
escrow is opened, so the contract for repairs is usually limited
to approximately $13,000 or less. If the contingency fund is not
needed for emergencies during the completion of contracted
repairs, other eligible work may also be added as a Change Order
to the contract, up to the funded amount of the project.
OPMWAIMW
J-TINO
,i •!v.., ,kt- ,UP,i <r�J�,i ��
Twenty -two projects in the Redevelopment Project Area are
completed or under construction. All 22 have received a grant of
$5,000 or less. Three of these applicants received a grant only
(no loan). One of these three applicants requested a grant for a
new roof and a window replacement; the total for these two
repairs was $3,498 ('21 x $5,000 + $3,498 = $108,498). Grants
alone are no longer offered to homeowners, unless all needed
repairs can be made within the $5,000 grant amount.
Loans are available to Very Low Income homeowners at 0% interest.
Repayment is deferred until a change in title occurs, or a change
is made to an existing recorded Deed of Trust on the property.
At such time, the entire loan becomes due. Low Income homeowners
qualify for a loan at 3% interest, which is amortized over 10
years.
Eighteen loans have been made to Very Low Income homeowners at 0%
interest. One of these Very Low Income homeowners has requested
amortization of his 0% interest loan and will begin making
monthly payments March 1, 1997. The remaining seventeen loans to
Very Low Income homeowners are deferred.
One loan was made to a Low Income homeowner; this project is
generating regular monthly payments on an amortized loan (3%
interest).
In order to minimize administrative time, staff was directed to
manage each construction project through a single contractor.
Average staff time per project is approximately 78 hours. (The
amount of staff time required to complete each project is
expected to decrease,.)
DISCUSSION
The Agency has budgeted $400,000 from Tax Increment Revenue for
this program for Fiscal Year 1996 -1997. This amount includes
$181,131 for projects completed in prior years. In Fiscal Year
1994 -1995, $37,500 was expended and in Fiscal Year 1995 -1996,
$143,631 was expended, as approved by the Agency for the first
sixteen projects. This leaves $218,869 for Fiscal Year 1996 -1997
projects.
Nineteen applications are in various stages of processing. Five
thousand dollar grants for these projects would total $95,000.
If the average loan amount of $7,000 per project is used to
estimate total funds required for these 19 applications still in
process, the total loan amount for these 19 projects would be
$133,000 (19 x $7,000 = $133,000).
During the last 9 months, without any marketing from this office,
new applications have been received or expected from 13
2
homeowners, a rate of nearly 12 per month.
Grants provided to the 22 projects completed or under
construction and the 19 projects in process total $203,498
(21 + 19 = 40 x $5,000 + $3,498 = $203,498).
In reviewing the funding for the Agency's Housing Rehabilitation
Loan and Grant Program inside the Redevelopment Project Area, it
has been determined that there are insufficient funds in the
foreseeable future to provide loans and grants to all qualified
homeowners.
ITEM
EXPENDED
AMOUNT
Funds allocated for grants and loans
$400,000
FY 1996 -1997
Less funds expended for projects in
$143,631
FY 1995 -1996
Less funds expended for projects in
37,500
FY 1994 -1995
Less amount funded during FY 1996 -1997,
1.20,000
to date (10 projects)
Current funds available
98,869
Funding needs for FY 1996 -1997
1.20,000
(assuming 10 projects funded of the 19
in process; average project $12,000
Potential demand for applications
108,000
currently in process (remaining 9
projects of the 19 ).n process,: average
project $12,000)
NOTE. It is anticipated that ten additional units will be funded
by the end of this fiscal year,. If this is realized, there will
be a deficit of $129.131, which will require a budget amendment.
If the $5,000 grant per project was eliminated and made part of
the loan, all funds expended would be returned over time and made
available in the future for other housing projects. More
projects could be undertaken, assuming that homeowners would
continue to express interest in the program. Providing that
these homeowners could continue to qualify for a non - amortizing
loan, which would not require monthly payments, staff believes
that this change in the program would not adversely affect the
program.
3
Many of the homeowners assisted to date have been elderly people
with substantial equity. The effect on these people would be
that the same repairs could be undertaken, and the lien on their
property would be $5,000 higher.
An important part of this program is the educational component.
Both homeowners and adult children of homeowners often have fears
about liens to their property. Staff believes that continuing to
provide clear explanations of the lien process and its effect on
all parties will satisfy concerns of homeowners.
Recently, the Agency spoke with Habitat for Humanity regarding
the possibility of working with the Agency on housing
rehabilitation. We are anticipating the use of Habitat
volunteers, under the guidance, insurance coverage and
responsibility of a licensed general contractor on one project
outside the Redevelopment Project Area. This project is for a
Very Low Income homeowner. The general contractor anticipates
using these volunteers as unskilled labor, unless there are among
the volunteers licensed contractors for specific trades, such as
electrical, plumbing,, etc.
With the cooperation of Habitat volunteers, the Agency might be
able to provide additional repairs for a project. Since each
project is limited to $15,000, there are several properties that
have received repairs through the program, but still need
additional improvements. With a joint effort, the Agency could
fund additional materials with Habitat providing the labor. It
would require additional staff time to coordinate with Habitat
volunteers (estimated ten hours per �:ase).
FUNDING
Funds for the Housing Rehabilitation Program were approved in the
Fiscal Year 1996/1997 Budget.
1. That the implementing guidelines for the Agency's
Housing Rehabilitation Program be amended to eliminate
the grant portion, effective with applications received
as of February 19, 1997, and that $15,000 low interest
or no interest loans be made available to qualified
homeowners.
2. That staff be authorized to work with Habitat for
Humanity jointly on appropriate housing rehabilitation
projects.
4
14o Be
MOORPARK REDEVELOPMENT AGENCY
AGENCY REPORT
TO: Chairman and Board Members of the Moorpark Redevelopment
Agency -
-
FROM: Steven G. Hayes, Economic Development /Redevelopment
Manager
DATE: February 13, 1997 (Mtg. 02/19/97)
SUBJECT: Consider Property Owners Consent for Liquor License
Request From Mr. Benjamin Cano (La Playita Restaurant)
On September 15, 1993, the Agency closed escrow on the railroad
property located on the south side of High Street. One of the
businesses located on the property is La Playita Restaurant owned
by Mr. Benjamin Cano. The Agency entered into a lease with Mr.
Cano on January 1, 1994. .
Section 6, of the Lease Agreement requires that the Tenant shall
use the premises for a restaurant and required parking only,
subject to all applicable governmental statutes, ordinances, codes,
standards, rules and regulations. Further, the Premises shall not
be used for any other purpose, except with the prior written
consent of the Executive Director of the Agency.
On September 28, 1995, Mr. Cano submitted an application for a CUP
(CUP 95 -3) for a liquor license for La Playita Restaurant. There
were concerns over the expansion of the restaurant without required
permits. Since the application was not complete and Agency
approval was not granted, the application was not processed.
Since September 28, 1995, the requirement for a CUP for a liquor
license has been changed to the Administrative Permit process. The
request was excluded from moratorium. This does not affect the
need to address the concerns with the condition of the building and
desired expansion.
Mr. Cano has requested that the Agency in accordance with the Lease
Agreement approve the expansion of the use of the property. since
information regarding the expansion (site plans and elevations)
have not been provided to the Agency, there has not been any action
taken.
pojK CALMORNI►
RECOMMENDATIONrNCY
Direct staff as deemed appropriate. t ew
C: \M\ LEASE \SGR.02402 /1'1/95- February 13, 1997 . /.�/�'— I__'y'y
BY
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aoaa�mF
ACCOUNTS PAYABLE CITY OF MOORPARK
02/12/97 16:46:29 Disbursements Journal GL050S- V02.20 COVERPAGE
GL540R
* * ** B 0 N N I E
* ** B 0 N N I E
* * ** B 0 N N I E
* * ** B 0 N N I E
Report Selection:
RUN GROUP 970214 COMMENT_ 1 MRA WARRANT 2/19/97MTG
i)AIA-JE -IC DATA COMMENT
-------- - - - - -- ------------------ - - - - --
h- 02191997-314 1 MRA WARRANT 2/19/97MTG
Rur Instructions:
Jobp Banner Copies Form Printer Hold Space I_Pi Lines CPI
j BONNIE 0-� P 1 N S 6 066 1C
C
ACCOUNTS PAYABLE
02/12/97 16:46:31
WARRANT DATE VENDOR
WELL WELLS FARGO
518 02/19/97 H.E. BAHER INC
WELLS FARGO
Qc
Disbursements Journal
DESCRIPTION AMOUNT CLAIM INVOICE
1213 12/96- 6/97 -216MP 10,444.00 002460 216 MPK LEASE
10.444.00 *TOTAL
CITY OF MOORPARK
GL540R- V02.20 PAGE 1
P0# F 9 S ACCOUNT
P N H 410.504.5006.502.9290
ACCOUNTS PAYABLE
02/12/97 16:46:31
WARRANT DATE VENDOR
REPORT TOTALS:
It
r
C
Disbursements Journal
DESCRIPTION AMOUNT CLAIM INVOICE
RECORDS PRINTED - 000001
10,444.00
CITY OF MOORPARK
GL540R- VO2.20 PAGE 2
PO# F 9 S ACCOUNT
ACCOUNTS PAYABLE
02/12/97 16:46:32
FUND RECAP:
FUND DESCRIPTION
-- -- ---------------------- - - - - --
410 MRA AREA 1 CAP. PROD. FUND
TOTAL ALL FUNDS
BANk RECAP:
BANK NAME
- - -- ---------------------- - - - - --
WELL WELLS FARGO
TOTAL ALL BANKS
Disbursements Journal
DISBURSEMENTS
10,444.00
10,444.00
DISBURSEMENTS
10,444.00
10.444.00
CITY OF MOORPARK
GL060S- V02.20 RECAPPAGE
GL540R
00(jolz
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MOORPARK REDEVELOPMENT AGENCY
AGENCY REPORT
TO: Chairman and Board Members of the Moorpark Redevelopment
Agency
FROM: Steven G. Hayes, Economic Development /Redevelopment Manager
DATE: February 11, 1997 (Mtg. 02/19/97)
SUBJECT: Consider Amendment to Terms of the Lease Agreement by and
Between the Moorpark Redevelopment Agency and Charles Abbott
Associates - 18 High Street
BACKGROUND
During the month of October, 1993, Charles Abbott Associates (CAA) took
occupancy of 18 High Street. The terms of the lease were as follows:
1. CAA would share a portion of the building (180 square feet)
with the City for use as a Police Resource Center.
2. Monthly Rent would be one dollar ($1.00) per square foot for
1,320 square feet of occupied space.
3. CAA would front all costs associated with the rehabilitation
and repair of the building. The rehabilitation included
building improvements and repair, signs, phone service,
parking lot striping, sheriff renovation (which included
partitions, signs, flagpole, and electrical work). The
original work was in the amount of $44,352.30. Recently, CAA
paid for repairs to the roof, HVAC and repairs to the
electrical service which cost $7,605.50 for a total cost
$51,957.80. This is the present amount for which CAA will
receive rental. credit for based upon the agreed rent for 38
months or until. October. The new rent is $1.00 per square
foot for 1,500 square feet.
DISCUSSION
On March 1, 1996, the Police Resource Center took occupancy of space in
the Carlson Company property known as the Town Center, located at the
north west corner of Los Angeles Avenue and Moorpark Avenue. The
relocation of the Police Resource Center was necessary due to the great
success of the center and the need for additional space for the
volunteer workers to perform their duties. The Police Resource Center
now occupies 1,200 square feet of office spa- MA1��Center and
serves the community six days a week. FOEVE
1N
OF
nc Ron.
The office space utilized by the Police Resource Center at 18 High
Street was taken over by CAA (180 square feet). The total area that CAA
is now occupying is 1,500 square feet.
The terms of the Lease Agreement should now be adjusted as follows:
1. Monthly rent to be $1.00 per square foot for 1,500 square feet
which is an additional 180 square feet.
2. Rental Credit to be $1,500 per month from March 1, 1996 to
September 1, 1997, . and $1,017.80 for the month of October,
1997, at which time CAA will owe the Agency $482.20 in rent.
As of November 1, 1997, the monthly rent shall be $1,500 and
the tenancy will be on a month -to -month basis.
RECOMMENDATION
That the Moorpark Redevelopment Agency authorize the Executive Director
to execute the Lease Agreement by and between the Agency and Charles
Abbott Associates.
C:\ M\ LEASSE \SGH.013- OS.O2 /97- Februat .+7
000014
LEASE AGREEMENT
BY AND BETWEEN
CHARLES ABBOTT ASSOCIATES
18 HIGH STREET
MOORPARK, CALIFORNIA
AND
THE MOORPARK REDEVELOPMENT AGENCY
EFFECTIVE DATE
JANUARY 1.99?
LEASE AGREEMENT
NUMBER MRA 94 -005
0000 .
TABLE OF CONTENT`;
SECTION
_ - -_ _ _ _ ._ PAGE
1. PROPERTY LEASED -------- ------------------------- - - - - -- I
2.
TERM
1
....................... ...............................
3.
HOLDING OVER ............... ...............................
2
4.
RENT
3
....................... ...............................
5.
LIABILITY INSURANCE ........ ...............................
3
6.
INDEMNIFICATION AND HOLD HARMLESS .........................
4
7.
USE ........................ ...............................
4
8.
UTILITIES
5
.................. ...............................
9.
TAXES, ASSESSMENTS AND LIENS ..... .........................
5
10.
WAIVER OF RELOCATION ASSISTANCE ...........................
6
11.
INSTALLATION BY TENANT ....................................
6
12.
REMEDIES
6
................... ...............................
13.
MAINTENANCE ................ ...............................
7
14.
PESTICIDES AND HERBICIDES ....... .........................
8
15.
HAZARDOUS MATERIALS INDEMNITY .............................
8
16.
NO WARRANTIES BY AGENCY .... ...............................
9
17.
CASUALTY INSURANCE ........ ...............................
10
18.
GOVERNING LAW ............. ...............................
10
19.
ENTRY BY AGENCY ........... ...............................
10
20.
ASSIGNMENT AND SUBLETTING ................................
10
21.
DEFAULT OR BREACH ............... ..........,.......,..,....,
11
(i)
'" i4 v!f"
SECTION PAGE
22. INSOLVENCY OR BANKRUPTCY ....... ..........................11
23. DISPOSSESSION ... ............ ............................... 11
24. CONDEMNATION ............... ............................... 12
25. WAIVER ..................... ............................... 12
26. ACQUIESCENCE ................ ............................... 12
27. PARTIES BOUND AND BENEFITTED 13
28. CONDITION UPON TERMINATION ..... .......................... 13
29. TENANT'S FAILURE TO REMOVE PERSONAL PROPERTY .............. 13
30. NO RECORDATION .................... .........................14
31. ATTORNEY'S FEES .............. .............................14
32. NOTICES AND PAYMENTS ........... .......................... 14
33. PARTIAL INVALIDITY ........... .............................14
34. GENDER AND NUMBER ......................................... 15
35. SECTION HEADINGS............ . .............................15
36. INTEGRATION AND MODIFICATION 15
37. TIME ..................... ....................... 15
38. INTERPRETATION ............. ............................... 15
39. VENUE ...................... ............................... 16
40. NON - DISCRIMINATION ............. ........................... 16
(ii)
EXHIBITS
I. EXHIBIT "A"
A. Lease Area Map ............................. Page 1 of 2
B. Description of Map ......................... Page 2 of 2
II. EXHIBIT "B"
A. Improvements List
III. EXHIBIT "C"
A. Credit for Lease Schedule .................. Page 1 of 4
and
Page 2 of 4
B. Payment Schedule Page 3 of 4
and
Page 4 of 4
LESESRO- 09%21.1;94
(iii),
00ols
LEASE AGREEMENT
THIS LEASE AGREEMENT, (hereinafter "Lease ") is made and
entered into as of this 1st day of January, 1997, by and between
the Redevelopment Agency of the City of Moorpark (hereinafter
"Agency "), Lessor, and Charles Abbott Associates, 18 High Street,
Moorpark, California (hereinafter "Tenant "). City when cited in
this Lease Agreement, shall mean the City of Moorpark, California.
THE PARTIES AGREE THAT:
SECTION 1. PROPERTY LEASED
Agency, in consideration of the rents herein agreed to be paid
and of the indemnifications, covenants, and agreements agreed
to herein, hereby leases to Tenant, and Tenant hereby leases
from Agency, that certain real property known as 18 High
Street, Moorpark, California, depicted in Exhibit "A ",
attached hereto and by this reference incorporated herein,
together with any and all improvements thereon (all of which
are hereinafter referred to as the "Premises ").
SECTION 2. TERM
The term of this Lease shall commence on October 1, 1994, and
all terms and conditions of the Lease shall continue through
February 28, 1996, at which time the Rental Area shall be
increased from 1,320 square feet to 1,500 square feet and the
credit for Lease Payment shall increase from $1,320 to $1,500
in accordance with Exhibit "C" (Page 1 through 4), or until
the credit for lease payments has been expended, which time
for credit is shown in Exhibit "C" (page 3 of 4 and 4 of 4)
Payment Schedule, attached hereto. After the credit for lease
payments has been received by Tenant the tenancy shall be
month -to- month. The tenancy may be terminated, subject to
Tenant's liabilities and obligation hereunder, upon expiration
of not less than 30 days written notice of the intent to
terminate served by one party on the other party in accordance
with Civil Code Section 1946 or any successor statute in
effect on the date the written notice is served. Agency's
obligations hereunder shall be contingent upon Tenant's
payment in full of any obligations described in Section 4
below, Tenant's furnishing Agency with the certificates of
insurance described in Section 5 below and Tenant's complying
with all other provisions set forth herein.
The Agency may terminate this Lease Agreement for any reason
including the need to vacate the premises for future
development, at any time throughout the term of this Lease
Agreement, upon giving 30 days written notice. If the Lease
is terminated by the Agency prior to the end of the term of
this Lease, the Tenant shall receive compensation on a pro
rata basis for the cost of site and building improvements and
repairs provided by Tenant. The pro rata amount will be based
on the amount of the Rental Credit remaining at the time of
vacating the Premises which Rental Credit is contained in
Exhibit "C ", Payment Schedule, attached.
The Tenant shall not be compensated for the cost of site and
building improvements, collectively the Rental Credit, for any
period of time that the building is vacant during the term of
this Lease if the vacancy is attributed to any condition
contained in Section 12, Remedies, or to any voluntary and
sole action of the Tenant. Such withholding of compensation
shall be based on the Rental Credit as contained in Exhibit
" "C"", Payment Schedule, for that period of time that the
building remains vacant. The Tenant shall be compensated for
any remaining Rental. Credit: if the City, at its sole
discretion and without cause, terminates the existing
Agreement for City Building and Safety Services or Agreement
for City Engineering Services.
SECTION 3. HOLDING OVER
It is further agreed that if Tenant shall retain possession of
the Premises beyond the original term of this Lease or any
extension thereof, without the express written consent of the
Agency, Tenant shall continue to be a Tenant from month -to-
month during such hold -over period.
Tenant shall be subject to all of the terms, covenants and
conditions of this Lease, including the obligation to pay rent
during any such hold -over period, at the prevailing rate
specified in Section 4, (A) hereof, or as may be adjusted
pursuant to this Lease Agreement.
2
uouuzU
SECTION 4. RENT
(A) Tenant shall pay Agency, without abatement, deduction or
offset, rent in the amount of One Thousand Three Hundred
and Twenty Dollars ($1,320.00) per month ( "Monthly Rent ")
payable in advance on or before the first day of each
month for the period from October 1, 1994 through
February 28, 1997. On March 1, 1997, the Monthly Rent
shall increase to One Thousand Five Hundred Dollars
($1,500.00) and be paid on the first of each month. A
late rent charge equal to ten percent (10 %) of the
Monthly Rent shall be added to any payment of rent
received six ( 6 ) days or more after the due date for rent
payment stated herein or when a deficient check has been
given for rent payment. The late rent charge shall
continue at 10% for each month thereafter that the late
payment has not been paid,
(B) Agency hereby acknowledges a Rental Credit for site,
building improvements and repairs paid for by Tenant in
the amount shown in Exhibit "C ", (pages 1 of 4 and 2 of
4) Credit for Payments attached hereto, which amount is
credited to the monthly rent for the period of time shown
in Exhibit "C ", Payment Schedule, also attached hereto
and incorporated herein.
(C) Tenant shall also pay Agency $1,500 in addition to the
Monthly Rent on October 1, 1997, which additional payment
shall be considered as Security Deposit. The Agency
shall not increase the Monthly Rent, except as agreed
upon in Section 4, (A) above during the remainder of the
Lease.
SECTION 5. LIABILITY INSURANCE
Tenant shall procure, and thereafter maintain in full force
and effect at Tenant's sole cost and expense, a public
liability insurance policy written with a company acceptable
to the Executive Director of the Agency and authorized to do
business in the State of California. Such Policy shall be
written on an occurrence basis and shall provide for minimum
coverage of Two Million Dollars ($2,000,000) for the bodily
injury or death of any person or persons in any one occurrence
and One Million Dollars ($1,000,000) for loss or damage to any
property in any one occurrence arising from the use,
occupancy, disuse or condition of the Premises or improvements
thereon.
3
ai /itit12- L
The Policy shall contain a provision providing for a
comprehensive broad form of contractual liability, including
leases. The Policy shall name Tenant as the insured and the
City and Agency and their officers, employees, servants and
agents as additional insured. The Policy shall also provide
that the Agency shall be notified, in writing, at least thirty
(30) days prior to any amendment, cancellation or expiration
thereof.
Tenant shall maintain on file with the Secretary of the Agency
at all times during the term of this Lease a current
certificate of the insurance required by this Section. In the
event of amendment or cancellation of the insurance policy for
any reason whatsoever, Tenant shall give notice thereof to
Agency within three (3) business days after it is in receipt
of written notice of the amendment or cancellation. Tenant
shall also give Agency thirty (30) days written notice of the
expiration of the .insurance policy.
SECTION 6. INDEMNIFICATION AND HOLD HARMLESS
Tenant shall indemnify, defend with legal counsel approved by
Agency and hold harmless Agency and its officers, employees,
servants and agents from and against any and all claims,
actions, liabilities, losses, damages, costs, attorneys' fees
and other expense of any nature for loss or damage to
property, or injury to or death of persons, arising in any
manner whatsoever, directly or indirectly, by reason of this
Lease or the use or occupancy of the Premises by Tenant
(collectively "Claim ") , whether the Claim be made during
tenancy or thereafter, except such loss, damage, injury or
death caused by the sole negligence of Agency or any of its
officers, employees, servants or agents. The liability of
Tenant hereunder shall not be limited by the insurance
provisions of Section 5 above.
SECTION 7. USE
Tenant shall use the Premises for professional office space,
Police Department Resource Center, including associated
activities and required parking use only, subject to all
applicable governmental statutes, ordinances, codes,
standards, rules and regulations. The Premises shall not be
used for any other purpose, except with the prior written
consent of the Executive Director of the Agency for the
particular purpose, which consent Tenant agrees may be
withheld by the Executive Director at his sole and absolute
discretion.
4
oo4Jo2z
SECTION 8. UTILITIES
Tenant agrees to pay all charqes and assessments for or in
connection with electric current, gas, and trash removal, or
other utilities which may be furnished to or used upon the
Premises by Tenant during this Lease except the use of water,
which shall be billed directly to the Agency. It is further
agreed that in the event Tenant shall fail to pay the above
mentioned charges when due, Agency shall have the right to pay
the same on demand, together with interest thereon and any
other fees that may be owing. The Agency shall be reimbursed
by Tenant for the amount of payment and interest thereon at
the maximum rate allowed by law with an additional fee in the
amount of ten percent (100) administrative costs within five
(5) days of notice from Agency for any such payment by Agency.
SECTION 9. 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.
Within five ( 5 ) days after the date when any tax or assessment
would become delinquent, Tenant shall serve upon Agency
receipts or other appropriate evidence establishing the
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 its 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, Agency 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 Agency 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. Agency may post and maintain upon the
Premises notices of non - responsibility as provided by laws.
Upon demand by Agency, Tenant shall post the bond contemplated
by Civil Code Section 3143.
5
SECTION 10. WAIVER OF RELOCATION ASSISTANCE
Tenant hereby expressly and knowingly waives any and all
rights that it may have under the Relocation Assistance Act,
Government Code Section 7260 et sec., and the California
Community Redevelopment Law, Health and Safety Code Section
33000 et sec., or under any similar or successor statutes.
SECTION 11. INSTALLATION BY TENANT
Upon completion of all site and building improvements listed
in Exhibit "B ", Improvements List, the Tenant shall not make
any alterations, additions, or improvements upon the Premises
without the prior written consent of the Executive Director of
the Agency. Any alterations or additions or improvements
installed or caused to be installed to the building or site,
or any exterior signs, exterior machinery, fencing, window
signs, trade fixtures, floor covering, interior or exterior
lighting, plumbing fixtures, shades or awnings, or any other
improvements on the Premises (collectively "Installations ")
shall be solely at Tenant's cost and are not reimbursable by
the Agency at any time, including at the time of termination
of the Lease by either the Tenant or Agency. 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 by the Agency, any alterations,
additions and improvements shall remain on and be surrendered
with the Premises upon the expiration or termination of this
Lease. Tenant shall pay all costs associated with any and all.
improvements in a timely manner, and shall keep the Premises
free and clear of all mechanics liens. Tenant agrees to and
shall indemnify, defend and save Agency free and harmless
against all liability, loss, damage, costs, attorneys' fees
and other expenses of any nature resulting from any Tenant
alterations, additions or improvements to the Premises beyond
the basic improvements listed in Exhibit. "B ".
SECTION 12. REMEDIES
In case of the failure or refusal of Tenant to comply with and
perform each and all of the terms and covenants on its part
herein contained, this Lease and all rights hereby given
shall, at the option of the Agency, cease and terminate, and
m
ohs(JU24
the Agency 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 Agency upon demand, together with interest thereon at
the maximum rate allowed by law from the date of expenditure
by Agency. Such action shall be proceeded by 30 day written
notice in accordance with Section 2, defining procedures for
termination of Lease by Agency, contained herein.
SECTION 13. MAINTENANCE
Throughout the term of this Lease Tenant shall, at Tenant's
sole cost and expense, maintain the Premises and all
improvements, with the exception of the landscaping and
irrigation system thereon, in good order, condition, and
repair and in accordance with all applicable statutes,
ordinances, rules and regulations. Agency shall not be
obligated to repair or maintain the Premises or improvements
in any manner throughout the term of the Lease if such repair
is less than $500.00 annually, which repair shall include
vandalism and graffiti or if the need of such repair is caused
be Tenant, provided, however, Agency may elect to perform any
obligation of Tenant pursuant to this Section if Tenant fails
or refuses to do so and at Tenant's waiver of any rights or
remedy for Tenant's default. Agency shall be responsible for
the structural integrity of the building, including
foundation, walls HVAC System, electrical system and roof
structure.
Tenant shall. reimburse Agency of the cost and expense it
incurred in the performance of Tenant's obligation within
fifteen (15) days of Agency's request for payment. Should
Agency perform any of the foregoing, such services shall be at
the sole discretion of.' Agency, and the performance of such
services shall. not be construed as an obligation or warranty
by Agency of the future or ongoing performance of such
services.
Tenant shall also indemnify, defend with legal counsel
approved by Agency and hold harmless Agency and its officers,
employees, servants and agents from and against all claims,
actions, liabilities, losses, damages, costs, attorneys' fees
and other expenses of any nature for loss or damage to
property, or injury to or death of persons, arising in any
manner whatsoever, directly or indirectly, from Tenant's
performance pursuant to this Section. The indemnification,
legal defense and hold harmless provisions of this Section
shall survive the termination of the tenancy.
7
i) 66(7.` 5h
SECTION 14. PESTICIDES AND HERBICIDES
Tenant shall use pesticides and herbicides on the Premises
only in strict accordance with all applicable statutes,
ordinances, rules and regulations. Tenant shall dispose of
all pesticides and herbicides, and any containers, clothing,
equipment and other materials contaminated therefrom in the
manner prescribed by law. Tenant shall indemnify, defend with
legal counsel approved by Agency and hold harmless Agency and
its officers, employees, servants and agents from and against
all claims, actions, liabilities, losses, damages, costs,
attorneys' fees and other expenses of any nature resulting
from Tenant's use of pesticides and herbicides anywhere on the
Premises. The indemnification, legal defense and hold
harmless provisions of this Section shall survive the
termination of the tenancy and shall relate back to all
periods of Tenant's previous possession of the Premises.
SECTION 15. HAZARDOUS MATERIALS INDEMNITY
Tenant shall indemnify, defend with legal counsel approved by
Agency and hold harmless Agency and its officers, employees,
servants and agents from and against any and all claims,
actions, liabilities, losses, damages, costs, attorneys' fees
and other expenses of any nature including, without
limitation, (a) all foreseeable and all unforeseeable
consequential damages, directly or indirectly arising out of
the presence, use, generation, storage, release or disposal of
Hazardous Materials on the Premises, or arising out of the
presence or use of any underground tanks presently or
hereafter located on the Premises, and (b) the cost of any
required or necessary repair, cleanup, or detoxification, and
the preparation of any response, remedial, closure or other
required plans, to the full extent that such action is
attributable, directly or indirectly, to the presence, use,
generation, storage, release, or disposal of Hazardous
Materials on the Premises. The Tenant shall not be
responsible for Hazardous, Materials as set forth in Section 14
of this Lease
As used in this Section, and Section 14 of this Lease
Agreement, 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 sew.
( °CERCLA"); the Hazardous Materials Transportation Act, 49
000002
U.S.C., Section 1.801, et sew.; the Resource Conservation and
Recovery Act, 42 U.S.C., Section 6901 et sea.; the Substances
Control Act, 15 U.S.C. , Section 2601, et sea.; the Clean Water
Act, 33 U.S.C. Section 1251, et sea.; the California Hazardous
Waste Control Act, Health and Safety Code Section 25100, et
sea.; the California Hazardous Substance Account Act, Health
and Safety Code Section 25330, et sec,.; the California Safe
Drinking Water and Toxic Enforcement Act, Health and Safety
Code Section 25249.5 et sea.; California Health and Safety
Code Section 25280, at sea. (Underground Storage of Hazardous
Substances); The California Hazardous Waste Management Act,
Health and Safety Code Section 25170.1, et sea.; California
Health and Safety Code Section 25501, et sea, (Hazardous
Materials Response Plans and Inventory) ; or the Porter - Cologne
Water Quality Control Act, Water Code Section 13000, et sea.,
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 on the Premises, Tenant shall immediately serve
Agency with a copy of such notice.
The provisions of this Section shall survive the termination
of the tenancy and shall relate back to all periods of
Tenant's previous possession of the Premises. The provisions
of this Section are intended to operate as an agreement
pursuant to Section 107(e) of CERCLA, 42 U.S.C. Section
9707(e), and California Health and Safety Code Section 25364
to insure, protect, hold harmless and indemnify Agency from
any liability pursuant to such law. The Tenant shall not be
responsible for any conditions as stated above that existed
prior to occupancy. Tenant shall be responsible for any
addition, increase or expansion of such conditions. The Agency
shall determine by testing that no prior Hazardous Materials
are present on the Site. Within thirty days after termination
of Lease by either party, the Agency shall again determine by
testing if Hazardous Materials are present. If results are not
furnished to Tenant within 30 days of termination of said
Lease then Tenant will. be released of all liability.
9
000.}27
SECTION 16. NO WARRANTIES BY AGENCY
The Premises are accepted by Tenant in an "as is" condition
and without any representation or warranty by Agency as to the
condition of the Premises or as to fitness of the Premises for
Tenant's use. Absence of markers does not constitute a
warranty by Agency of no subsurface installations.
SECTION 17. CASUALTY INSURANCE
Agency shall not be obligated to keep the Premises and the
improvements thereon insured against any insurable risk, nor
shall Agency insure Tenant for any personal injury or property
damage. Tenant hereby and forever waives all rights to claim
or recover damages from Agency 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 18. GOVERNING LAW
Tenant agrees that in the exercise of its rights under this
Lease, 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 19. ENTRY BY AGENCY
During the tenancy, Agency may enter upon the Premises: (1) at
any time in case of emergency to examine the condition thereof
and for the purpose of undertaking such remedial action as
Agency, at its sole and absolute discretion, deems
appropriate, and (2) at all reasonable times during normal
business hours to examine the condition thereof, including its
environmental condition, and for the purpose of undertaking
such maintenance and repairs as Agency elects to make pursuant
to Section above.
SECTION 20. ASSIGNMENT AND SUBLETTING
No portion of the Premises or of Tenant's interest in this
Lease shall be transferred by way of sublease, assignment or
10
000 (12 ts
other voluntary or involuntary transfer or encumbrance,
without the prior written consent of the Executive Director of
Agency, which consent Tenant agrees may be withheld by the
Executive Director at his sole and absolute discretion.
Tenant shall pay Agency the sum of One Hundred Dollars
($100.00) to enable Agency to investigate the qualifications
of a proposed assignee and the sum of One Hundred Dollars
($100.00) to investigate the qualifications of a proposed
sublessee, occupant or user; Agency shall not be required to
account for the use of said sum paid. A consent to one
transfer shall not be deemed to be a consent to any subsequent
transfer. Any transfer without consent shall be void, and
shall, at the option of the Agency, terminate this Lease.
SECTION 21. DEFAULT OR BREACH
Except as otherwise provided, at any time one party to this
Lease is in default or breach in the performance of any of the
terms and conditions of this Lease, the other party shall give
written notice to remedy such default or breach. If the
default or breach is remedied within 30 days following such
notice, then this Lease shall continue in full force and
effect. If such default or breach is not remedied within 30
days following such notice or if the nature of the default is
such that it cannot reasonably be cured within 30 days, if one
party fails to commence to cure within the 30 day period, the
other party may, at its option, terminate this Lease. Such
termination shall not be considered a waiver of damages or
other remedies available to either party because of such
default or breach. Each term and condition of this Lease
shall be deemed to be both a covenant and a condition.
SECTION 22. INSOLVENCY OR BANKRUPTCY
If Tenant shall be adjudged bankrupt or insolvent, this Lease
shall thereupon immediately terminate and the same shall not
be assignable by any process of law, or be treated as an asset
of the Tenant under such adjudication, nor shall it pass under
the control of any trustee or assignee by virtue of any
process in bankruptcy or insolvency, or by execution or
assignment for the benefit of creditors. If any such event
occurs, this Lease shall immediately become null and void and
of no effect, and Agency may thereupon repossess said Premises
and all rights of the Tenant thereupon shall cease and
terminate.
11
SECTION 23. DISPOSSESSION
In the event Tenant is lawfully deprived of the possession of
the Premises or any part thereof, at any time during the
tenancy, by anyone other than Agency, it shall notify Agency
in writing, setting forth in full the circumstances in
relation thereto. Upon receipt of said notice, Agency may, at
its option, either install Tenant in possession of the
Premises or terminate the tenancy and refund to Tenant the pro
rata amount of any pre -paid rent. No claim for damages of
whatsoever kind or character incurred by Tenant by reason of
such dispossession shall be chargeable against Agency.
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
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, those payments attributable to the leasehold interest
of the Tenant shall belong to the Tenant, and those payments
attributable to the reversionary interest of the Agency shall,
belong to the Agency.
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 Agency'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 Agency.
12
U0603 0
SECTION 26. ACQUIESCENCE
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 27. PARTIES BOUND AND BENEFITTED
The covenants and conditions herein contained shall apply to
and bind the heirs, successors, executors, administrators, and
assigns of all the parties hereto, and all of the parties
hereto shall be jointly and severally liable hereunder.
SECTION 28. CONDITION UPON TERMINATION
Upon termination of the tenancy, Tenant shall surrender the
Premises to Agency including all tenant improvements contained
in Exhibit "B ", broom clean and in the same condition as
received, except for ordinary wear and tear which Tenant was
otherwise obligated to remedy under Section 12 above. Any
installation which Tenant installs during occupancy in
accordance with Section 11 of this Lease, and has not removed
at the termination of the Lease, shall become the possession
of the Agency. Tenant shall repair at Tenant's expense any
damage to the Premises caused by the removal of any
improvement made by Tenant from such installation.
Any installations, improvements, or additions to the Premises
prior to the execution of this Lease shall be deemed as part
of the Premises and sha.l.l be the possession of the Agency.
SECTION 29. TENANT'S FAILURE TO REMOVE PERSONAL PROPERTY
Upon termination of the tenancy, Agency may reenter and retake
possession of the Premises and store Tenant's personal
property for a period of thirty (30) days at Tenant's cost and
expense. If Tenant fails to pick up said personal property
and pay said cost and expenses during said 30 day period,
Agency may dispose of any or all of such personal property in
any manner that Agency, i.n its sole and absolute discretion,
deems appropriate.,
If any of Tenant's personal property remains on the Premises
after the termination of the tenancy, Agency may use, dispose
13
4
of, or sell any of said property, in its sole and absolute
discretion, without compensating Tenant for the same and
without the Agency having any liability whatsoever therefore.
SECTION 30. NO RECORDATION
Neither this Lease Agreement nor a memorandum thereof shall be
recorded by Tenant.
SECTION 31. ATTORNEY'S 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 reasonable attorneys' fees, from
the losing party, and any judgment or decree rendered in such
a proceeding shall include an award thereof.
SECTION 32. NOTICES AND PAYMENTS
All notices required under this Lease, including notices of
change of address, shall, be in writing, and all notices and
payments shall be addressed as follows:
Agency: Redevelopment Agency of the City of Moorpark
799 Moorpark Avenue
Moorpark, California 93021
Attn: Executive Director
Tenant: Charles Abbott Associates
18 High Street.
Moorpark, California 93021
Attn: Charles Abbott, President
Either party may, from time to time, by written notice to the
other, designate a different address which shall be
substituted for the one specified above. Except as otherwise
provided by statute, notice shall be deemed served and
received upon receipt by personal delivery or upon the second
(2nd) day after deposit in the United States mail, certified
or registered, return receipt requested, with postage prepaid.
1.4
() () () �s%
SECTION 33. 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 34. 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 35. SECTION HEADINGS
Section headings in this Lease Agreement 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 36. 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: ( 1) in a
writing signed by all of the parties hereto; or (2) upon
expiration of thirty (30) days service in accordance with
Civil Code Section 1946, or any successor statute in effect on
the date the written notice is served by Agency on Tenant of
a written notice setting forth the modification or amendment.
The parties agree that no estoppel argument can be raised
during legal proceedings in order to avoid the provisions of
this Section.
SECTION 37. TIME
Time is of the essence of this Lease.
SECTION 38. INTERPRETATION
Should interpretation of this Lease, or any portion thereof,
be necessary, it is deemed that the Lease was prepared by the
15
(' hi �4 ii N`j ')
parties jointly and equally, and the Lease shall not be
interpreted against either party on the ground that the party
prepared it or caused it to be prepared.
SECTION 39. 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 40. NON - DISCRIMINATION
In accordance with Section 33435 of the California Community
Redevelopment Law, the Tenant shall not discriminate against
any person or class of persons by reason of race, color,
creed, national origin, religion, age or sex or for any other
reason prohibited by law.
IN WITNESS WHEREOF, the parties have caused this Lease to be
executed by their duly authorized representatives as of the date
first written above.
LESSOR:
Moorpark Redevelopment Agency
By:
Steven Kueny, Executive Director
TENANT:
By:
ATTEST:
By:
Charles Abbott Associates
President
Lillian Hare, Agency Secretary
LEKSESRO- 09/21/94
16
Date:
Date:
Date:
Jp J $( Q%Qi-
EXH =SIT *wA9r
LEAS E AREA MAP
AND
D E S GR Z PT I ON O F MAP
d i,a r1 4 1 I, ;
r
r
Y
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p
H
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x
w
W
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LOT 2
BLDG.1
AC PVMT.
100'
- - - - - - 152' -�- - - _- - `✓
VA LOT 6 23'
BLDG.2123'
Orell
�= LOT 3 --1
125'
..
HIGH STREET
IR 127' I
LOT 4
67' GA -P 153'
25'
CA -1
N
a
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a
LOT 5
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i \ 127' 1
EXHIBIT "A"
HIGH STREET LEASE
I. Lease Area
A. Area shown as (Building 1
Lot 2) on attached map.
1. Building Area:
2. Lot Area:
3. Use:
4. Access:
5. Improvements:
(Page 2 of 2)
1,500 sq. ft.
15,000 ±
Office Professional
Via High Street and
Moorpark Avenue.
Lease area may be subject
to encroachment for City
of Moorpark street
improvements.
d hi 44 it 1.'17
EXH=BI-' rr g..
= MPROVEMENT S L I S T
EXHIBIT "B"
BUILDING IMPROVEMENTS AND LANDSCAPING
TERMS OF LEASE OF 18 HIGH STREET
BY AND BETWEEN CHARLES ABBOTT ASSOCIATES
AND
THE MOORPARK REDEVELOPMENT AGENCY
I. BUILDING IMPROVEMENTS AND REPAIR: $37,339.00
III. SIGNS:
IV.
m
VII.
VIII.
PHONE SERVICE:
PARKING LOT STRIPING:
SHERIFF RENOVATIONS:
A. PARTITIONS:
B. SIGNS:
C. FLAGPOLE:
D. ELECTRICAL:
REPAIRS
A. ROOF:
B. HVAC:
C. ELECTRICAL:
TOTAL COST OF IMPROVEMENTS:
SGHL- ABBOTT -A- 06/28/94
$675.67
$1,591.10
$647.96
$975.00
$675.68
$1,692.00
755.89
$657.00
$6,875.00
$73.50
$51,957.80
EXH =BIT "C'•
CRE D I T FOR PAYMENT S
1OW0]
PAYMENT SCHEDULE
��. oo' C'
EXHIBIT "C-1,11
TERMS OF LEASE OF 18 HIGH STREET
BY AND BETWEEN CHARLES ABBOTT ASSOCIATES
AND
THE MOORPARK REDEVELOPMENT AGENCY
RENT SCHEDULE FROM OCTOBER 1, 1994 TO MARCH 1, 1996
I. BUILDING AREA: 1,500 SQ. FT.
CREDIT FOR AREA USED
BY SHERIFF'S DEPARTMENT 180 SQ. FT.
III. RENTAL AREA: 1,320 SQ. FT.
IV. RENT PER SQ. FT.: $1.00
V. MONTHLY RENT: $1,320.00
Vi. COST OF IMPROVEMENTS: $51,957.80
Viii. AMOUNT OF CREDIT
@ $1,320 PER MONTH FOR 17 MONTHS: $22,440.00
SGHL-ABBOTT-A-06/28/94
PAGE 1 OF' 4
000041
EXHIBIT "C-111
TERMS OF LEASE OF 18 HIGH STREET
BY AND BETWEEN CHARLES ABBOTT ASSOCIATES
AND
THE MOORPARK REDEVELOPMENT AGENCY
RENT SCHEDULE FROM MARCH 1, 1996 TO OCTOBER 1, 1997
I. BUILDING AREA: 1,500 SQ. FT.
CREDIT FOR AREA USED
BY SHERIFF'S DEPARTMENT 0 SQ. FT.
RENTAL AREA: 1,500 SQ. FT.
IV. RENT PER SQ. FT.: $1.00
V. MONTHLY RENT: $1,500.00
VI. COST OF IMPROVEMENTS: $51,957.80
VIII. AMOUNT OF CREDIT
@ $1,500 PER MONTH FOR 19 MONTHS: $28,500.00
AMOUNT OF CREDIT
@ $1,017.80 FOR ONE MONTH: $1,017.80
CREDIT FROM PAGE 1 OF' 4: $22,440.00
SECURITY DEPOST TOTAL CREDIT: $51,957.80
DUE ON OCTOBER 1, 1997 @ $1,500: $1,500.00
SGHL-ABBOTT-A-06/28/94
PAGE 2 OF 4
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Agency Tenant
Steven Kueny, Executive Director Charles Abbott
Date: Date:
ABBOTT -B- 06/28/94 PAGE 4 OF 4
0000,1',
AMOUNT OF
FUNDS
TOTAL
MONTHLY
RENTAL CREDIT
RECEIVED
PAYMENT
PAYMENT
TO ABBOTT
BY AGENCY
AGENCY
20
05/01/96
$1,500.00
$0.00
$0.00
21
06/01/96
$1,500.00
$0.00
$0.00
22
07/01/96
$1,500.00
$0.00
$0.00
23
08/01/96
$1,500.00
$0.00
$0.00
24
09/01/96
$1,500.00
$0.00
$0.00
25
10/01/96
$1,500.00
$0.00
$0.00
26
11/01/96
$1,500.00
$0.00
$0.00
27
12/01/96
$1,500.00
$0.00
$0.00
28
01/01/97
$1,500.00
$0.00
$0.00
29
02/01/97
$1,500.00
$0.00
$0.00
30
03/01/97
$1,500.00
$0.00
$0.00
31
04/01/97
$1,500.00
$0.00
$0.00
32
05/01/97
$1,500.00
$0.00
$0.00
33
06/01/97
$1,500.00
$0.00
$0.00
34
07/01/97
$1,500.00
$0.00
$0.00
35
08/01/97
$1,500.00
$0.00
$0.00
36
09/01/97
$1,500.00
$0.00
$0.00
37
10/01/97
$1,017.80
$482.20
$482.20
* **
$1,500.00
$1,500.00
38
11/01/97
$0.00
$1,500.00
$1,500.00
TOTALS:
$51,957.80
---------------
-
$3,482.20
* ** SECURITY DEPOSIT
Agency Tenant
Steven Kueny, Executive Director Charles Abbott
Date: Date:
ABBOTT -B- 06/28/94 PAGE 4 OF 4
0000,1',