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Resolution No. 2003 -114
MOORPARK REDEVELOPMENT AGENCY
REGULAR MEETING AGENDA
WEDNESDAY, APRIL 16, 2003
6:30 P.M.
Moorpark Community Center 799 Moorpark Avenue
1. CALL TO ORDER:
2. ROLL CALL:
3. PUBLIC COMMENT:
4. PRESENTATION /ACTION /DISCUSSION:
A. Consider Approval of the Lease of a .44 Acre Site and Site
Improvement Grant to Catholic Charities - Ventura County
Region for a Temporary Location of Their Moorpark Service
Center. Staff Recommendation: 1) Approve the Lease
Agreement with Catholic Charities - Ventura Region subject
to final language approval by the Executive Director and
authorize Executive Director to sign the Agreement on
behalf of the Agency; and 2) Authorize a grant to Catholic
Charities not to exceed $28,300 for the purposes
identified in the agenda report. ROLL CALL VOTE REQUIRED
(Staff: Hugh Riley)
5. CONSENT CALENDAR:
A. Consider Approval of Minutes of Regular Meeting of April
2, 2003. Staff Recommendation: Approve minutes.
B. Consider Approval of Contract for Hazardous Material
Abatement in Connection with the Demolition of Structures
and Appurtenances at 226 High Street and 661 Magnolia
Street. Staff Recommendation: Award bid for Hazardous
Material Abatement at 661 Magnolia Street and 226 High
Street to Ventura Asbestos Control for $6,060. (Staff:
Hugh Riley)
Redevelopment Agency Agenda
April 16, 2003
Page 2
6. CLOSED SESSION:
A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Subdivision
(b) of Section 54956.9 of the Government Code: (Number of
cases to be discussed - 4)
B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuant to Subdivision (c) of
Section 54956.9 of the Government Code: (Number of cases
to be discussed - 4)
7. ADJOURNMENT :
Any member of the public may address the Acjency during the Public Comments portion
of the Agenda, unless it is a Public Hearing or a Presentation /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 City Clerk for Public Comments prior to the
beginning of the Public Comments portion of the meeting and for
Presentation /Action /Discussion items prior to the beginning of the first item of
the Presentation /Action /Discussion portion of the Agenda. Speaker Cards for a
Public Hearin_g must be received prior to the beginning of the Public Hearing. A
limitation or three minutes shall be imposed upon each Public Comment and
Presentation /Action /Discussion item speaker. A limitat' -on of three to five minutes
shall be imposed upon each Public Hearing item speaker. Written Statement Cards
may be submitted in lieu of speaking orally for open Public Hearings and
Presentation /Action /Discussion items. Copies of each item of business on the
agenda are on file in the office of the City Clerk and are available for public
review. Any questions concerning any agenda item may be directed to the City Clerk
at (805) 517 -6223.
In compliance with the Americans with Disabilities Act, if you need assistance to
participate in this meeting, please contact the City Clerk's Department at (805)
517 -6223. Notification 48 hours prior to the meeting will enable the City to make
reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-
35.104 ADA Title II).
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss
CITY OF MOORPARK )
AFFIDAVIT OF POSTING
I, Maureen Benson, declare as follows:
That I am the Deputy City Clerk of the City of Moorpark and that a
notice for a Regular Meeting of the Moorpark Redevelopment Agency to
be held Wednesday, April 16, 2003, at 6:30 p.m. in the Council
Chambers of the Moorpark Community Center, 799 Moorpark Avenue,
Moorpark, California, was posted on April 11, 2003, at a conspicuous
place at the Moorpark Community Center, 799 Moorpark Avenue,
Moorpark, California.
I declare under penalty of perjury that the foregoing is true and
correct.
Executed on April 11, 2003.
Maureen Benson, Deputy City Clerk
ITEM 4 . A .
CITY OF MOORPARK, CAS M' R -x`14
Redevelopment Agoney 4N i q
of
ACTION: c�'e
MOORPARK REDEVELOPMENT AGENCY
AGENDA REPORT
TO: Honorable Board of Directors
FROM:
Hugh
R. Riley,
Assistant Executive Director
DATE:
April
10, 2003
(MRA Meeting of 4/16/03)
SUBJECT: Consider Approval of The lease of a .44 Acre Site
and Site Improvement Grant to Catholic Charities -
Ventura County Region for $28,300 For a Temporary
Location of Their Moorpark Service Center
BACKGROUND
The Moorpark Redevelopment Agency has been assisting
Catholic Charities in their search for an alternative
location for their Moorpark operations. The present
location on Flory Avenue must be vacated by April 18, 2003
as the property has been sold for development and the
existing buildings are being demolished.
In November 2001 the Redevelopment Agency purchased a 7.59
Acre Site on Spring Road. A 3.08 acre parcel at the south
end of the property will be the site for the new Police
Services Center. The north 2.5 acres of the property have
been subdivided providing a 2 acre site for the future
Human Services Center. Staff is recommending that the
remaining approximately .5 acre portion on the east side of
the north parcel with access from Minor Street be leased to
Catholic Charities for a temoorary location.
The recommended terms of the lease include a two -year
period at $1.00 per year with a month -to -month extension
opportunity and a cancellation notice requirement of 30
000001
Agency Board of Directors
April 8, 2003
Page 2
days. Other terms of the lease will be typical for the
Agency's land leases in the project area.
Catholic Charities has secured the donation of a 60' X 72'
temporary modular building that can be located on the
temporary site. Sharma General Engineering Contractors,
Inc. has donated the modular building as well as the cost
of dismantling and reassembly, transport, set -up, site
grading and a temporary gravel parking area valued at
approximately $25,000. Donations will be sought by Catholic
Charities for the necessary interior modifications to the
building and to construct handicapped access ramps and
perimeter skirting. These expenses total approximately
$13,000.
Catholic Charities is requesting assistance from the
Redevelopment Agency in the form of a grant of $28,206 for
utilities, site fencing and landscaping and for a temporary
asphalt sidewalk to provide pedestrian access to the site
from Spring Road.
The estimates for all of the project costs are summarized
as follows:
62' X 70' Modular Building
Transport modular building from UCI - Donation (Sharma)
Grade site and gravel parking area - Donation (Sharma)
Dismantle and reassemble modular - Donation (Sharma)
Level modular and install anchors - Donation (Sharma)
Subtotal - (Donation Value)
Building Improvements
$25,000
Interior drywall repair (after reassembly) $ 2,000
Other interior modifications (create larger room $ 2,000
Perimeter Skirting $ 4,095
ADA Ramps $ 3,888
Building Plumbing $ 11000
Subtotal - Building Improvements $12,983
000002
Agency Board of Directors
April 8, 2003
Page 3
Utilities (Agency Grant)
Temporary Power
Water service 3/ "Meter
Connection Fee (water)
Sewer Connection /fee
Installations (includes street cuts,
pipe and valve valve installation
$ 2,000
$ 2,306*
$ 2,235*
$ 2, 665*
$ 8,094*
Subtotal - Utilities (excludes monthly costs) $17,300
*All or part of these costs will be needed for the site
anyway)
Other Site Improvements (Agency Grant)
4' Temporary sidewalk- 400 LF @ $20.00 $ 8,000
Fencing & landscaping $ 3,000
Subtotal - Site Improvements $11,000
TOTAL AGENCY GRANT REQUEST $28,300
STAFF RECOMMENDATION
1. That the Agency Board of Directors approve the Lease
Agreement with Catholic Charities - Ventura Region subject
to final language approval by the Executive Director and
authorize Executive Director to sign Agreement on behalf of
the Agency.
2. That the Agency Board of Directors authorize a grant
to Catholic Charities not to exceed $28,300 for the
purposes identified in the staff report. (ROLL CALL VOTE
REQUIRED)
Attachments: Site Plan
Lease Agreement
000003
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LEASE AGREEMENT
BY AND BETWEEN
CATHOLIC CHARITIES OF LOS ANGELES - VENTURA COUNTY REGION
AND
THE MOORPARK REDEVELOPMENT AGENCY
EFFECTIVE DATE:
April 17, 2003
000005
TABLE OF CONTENTS
SECTION PAGE
PROPERTY LEASED ........... ............................... 1
TERM...................... ............................... 1
HOLDING OVER .............. ............................... 2
RENT...................... ............................... 2
OTHER REQUIREMENTS ........ ............................... 2
LIABILITY INSURANCE ....... ............................... 3
USE....................... ............................... 4
ASSESSMENTS AND LIENS ..... ............................... 4
WAIVER OF RELOCATION ASSISTANCE .......................... 5
IMPROVEMENTS ............. ............................... 5
INSTALLATION BY TENANT .... ............................... 5
MAINTENANCE ............... ............................... 5
PESTICIDES AND HERBICIDES . ............................... 6
HAZARDOUS MATERIALS INDEMNITY ............................ 6
INDEMNIFICATION AND HOLD HARMLESS ........................ 8
NO WARRANTIES BY AGENCY ... ............................... 8
CASUALTY INSURANCE ........ ............................... 8
ENTRY BY AGENCY ........... ............................... 9
ASSIGNMENT AND SUBLETTING . ............................... 9
SECTION.. . .. .. .. ......PAGE
. .. ..... . .. .. .... .. . . . . . .
BREACH.................... ............................... 9
INSOLVENCY OR BANKRUPTCY .... .............................10
DISPOSSESSION ............... .............................10
CONDEMNATION ................ .............................10
WAIVER...................... .............................11
CONDITION UPON TERMINATION .. .............................11
TENANTS FAILURE TO REMOVE PERSONAL PROPERTY ..............11
NO RECORDATION .............. .............................12
ATTORNEY'S FEES ............. .............................12
NOTICES AND PAYMENTS ........ .............................12
PARTIAL INVALIDITY .......... .............................13
SECTION HEADINGS ............ .............................13
INTEGRATION AND MODIFICATION .............................13
INTERPRETATION .............. .............................13
VENUE....................... .............................14
NON- DISCRIMINATION .......... .............................14
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EXHIBIT "A" Property Description
00000'7
LEASE AGREEMENT
THIS LEASE AGREEMENT, (hereinafter "Lease ") is made and
entered into as of this day of , 2003, by and
between REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
(hereinafter "Agency "), Lessor, and Catholic Charities of Los
Angeles - Ventura County Region (hereinafter "Tenant ").
The parties agree that:
Section 1. PROPERTY LEASED
Section 2.
Section 3.
Agency, in consideration
herein agreed to be paid
and conditions agreed to
Tenant, and Tenant hereby
real property located o
California and depicted in
and by this reference inc
of any improvements 1
"Premises ").
TERM
of the rents and payments
and of the terms, covenants
herein, hereby leases to
leases from Agency, certain
z Minor Street, Moorpark,
Exhibit "A" attached hereto
:orporated herein, exclusive
:)cated on property (the
The term of this Lease shall commence on April 17,
2003 and continue until April 16, 2005 and thereafter
shall be a tenancy from month to month. The tenancy
may be terminated, subject to Tenant's liabilities and
obligations hereunder, upon expiration of not less
than 30 days written notice of the intent to terminate
served by one party on 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 furnishing Agency with the certificates
of insurance described in Section 6 below, and
Tenant's complying with all provisions set forth
herein.
HOLDING OVER
Should Tenant remain in possession of the Premises
after the effective date of the termination of the
tenancy, such holding over shall not constitute a
tll l:
renewal or extension of this Lease or give Tenant any
rights in or to the Premises.
Section 4. RENT
Tenant shall pay Agency, without abatement, deduction
or offset, rent in the amount of One Dollar ($1.00)
per year ( "Annual Rent ") payable in advance on or
before the Anniversary Date of this Lease each year.
Section 5. OTHER REQUIREMENTS
Tenant is required, as a condition of entering into
Lease, to comply with all provisions of the Moorpark
Municipal Code, the Uniform Building Code and all
other City regulations. In the event of violation of
said Moorpark Municipal Code, Uniform Building Code
and other City regulations Lease would be terminated.
Section 6. 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 Agency
and authorized to do business in the State of
California. Such Policy shall provide for minimum
coverage of Three Million Dollars ($3,000,000.00) for
the bodily injury or death of any person or persons in
anyone occurrence and One Million Dollars
($1,000,000.00) for loss or damage to any property in
anyone occurrence arising from the use, occupancy,
disuse or condition of the Premises or improvements
thereon.
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 Agency and its officer, employees,
servants and agents as additional insured. The Policy
shall also provide that 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
Agency at all times during the term of this Lease a
current certificate of the insurance required by this
2 000009
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 7. USE
Tenant shall use the Premises only for the conduct of
its administrative affairs and operations as they
pertain to services provided to Moorpark residents,
subject to all applicable governmental statutes,
ordinances, rules and regulations. The Premises shall
not be used for any other purpose, except with the
prior written consent of the Executive Director of
Agency for the particular purpose, which consent
Tenant agrees may be withheld by the Executive
Director at his sole and absolute discretion. Tenant
agrees to maintain the property free of litter at all
times. The location of temporary signs on the premises
shall be governed by the Moorpark Municipal Code.
Section 8. ASSESSMENTS AND LIENS
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 right 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 law. Upon demand
by Agency, Tenant shall post the bond contemplated by
Civil Code Section 3143.
3
000010
Section 9. 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 seq.,
and the Community Redevelopment Law, Health and Safety
Code Section 33000 et seq., or under any similar or
successor statutes.
Section 10. IMPROVEMENTS
Tenant shall make all improvements to the premises as
shown on Exhibit B to this Lease Agreement. All such
improvements shall be made at tenant's expense except
those improvements to be paid for by the Agency.
Section 11. INSTALLATION BY TENANT
Tenant shall not make or cause to be made any
alterations, additions, installations or imorovements
to the Premises (collectively "installation ") without
the prior written consent of the Executive Director of
Agency, which Tenant agrees may be withheld by the
Executive Director at his sole and absolute discretion
except for the installation of one, 4,320 square foot
modular building and ancillary temporary storage
containers and a temporary parking area with ten (10)
parking spaces. Tenant shall present to the Executive
Director plans and specifications for any such
installation at the time approval is sought. In the
event Tenant violates this provision, Tenant hereby
authorizes Agency to enter the Premises and to remove
and dispose of any such installation and to charge the
cost and expense thereof to Tenant, who shall pay the
same on demand.
Section 12. MAINTENANCE
Throughout the term of this Lease, Tenant shall, at
Tenant's sole cost and expense, repair, maintain,
clean and restore the Premises and all improvements
thereon in good order and condition and in accordance
with all applicable statutes, ordinances, rules and
regulations. This shall include the building, storage
containers, parking surface, landscaping, lighting and
sweeping as needed. Tenant shall indemnify, defend
4 000011
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
Agency's performance pursuant to this Section. The
indemnification, legal defense and hold harmless
provisions of this Section shall survive the
termination of the tenancy.
Section 13. PESTICIDES AND HERBICIDES
Tenant shall use pesticides and herbicides everywhere
on the Premises 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 14. HAZARDOUS MATERIALS INDEMNITY
Tenant shall indemnify, defend with legal counsel
selected 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 (a) including, without
limitation, 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 by
Tenant and its officers, employees, servants and
5 000012
agents, and customers of Tenant, or arising out of the
presence or use of any underground tanks presently or
hereafter located on the Premises, and (b) including,
without limitation, 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 during
the term of this lease.
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 see.;
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 other 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,
6 000013
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 9607 (e), and to
California Health and Safety Code Section 25364 to
insure, protect, hold harmless and indemnify Agency
from any liability pursuant to such laws.
Section 15. 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 6
above.
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
000014
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 right 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. ENTRY BY AGENCY
During the tenancy, Agency may enter upon the Premises
(i) 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 (ii) 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 13 above. Tenant
acknowledges that Agency has access to the Premises
and may use the same for entry, as provided herein.
Section 19. 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 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.
Section 20. BREACH
Tenant agrees that each of the terms, covenants and
conditions of this Lease constitutes a condition of
Tenant's right to possession of the Premises. Any
failure by Tenant to comply with any such term,
covenant or condition shall constitute a material
breach of this Lease.' Termination of the tenancy by
Agency after a material breach by Tenant shall not be
considered a waiver by Agency of damages or other
remedies at law or in equity available because of such
breach.
8 000015
Section 21. 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, nor shall this Lease be treated as an asset of
Tenant under such adjudication, nor shall it pass
under the control of any trustee or assignee by virtue
of any process in benefit of creditors. If any such
event occurs, this Lease shall immediately become null
and void and of no effect, and Agency may immediately
retake possession of the Premises.
Section 22. 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 23. CONDEMNATION
If the whole of the Premises shall be taken by eminent
domain, the tenancy shall terminate on the day of
possession by the public entity. If only a part of the
Premises shall be taken by eminent domain, either
party shall have the right to terminate the tenancy in
accordance with Section 2 above. If this Lease remains
in effect, all of its provisions shall continue in
full force and effect, except that the Monthly Rent
shall be adjusted proportionately for the balance of
the Lease term. If a taking by eminent domain occurs,
compensation attributable to both the leasehold
interest of Tenant and the reversionary interest of
Agency shall belong to Agency.
Section 24. WAIVER
9 000016
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 this 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.
Section 25. CONDITION UPON TERMINATION
Upon termination of the tenancy, Agency may require
Tenant to remove any installation, whether or not made
with Agency's consent pursuant to Section 11 above,
prior to termination and to restore the Premises to
its prior condition, all at Tenant's expense including
the removal of the modular building. Any installation
that Agency has not required Tenant to remove shall
become Agency's property and shall be surrendered to
Agency upon termination of the tenancy. Tenant shall
repair at Tenant's expense, any damage to the Premises
caused by the removal of any such installation.
Section 26. 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
expense during said 30 day period, Agency may dispose
of any or all of such personal property in any manner
that Agency, in its sole and absolute discretion,
deems appropriate.
10 000{1'7
If any of Tenant's personal property remains on the
Premises after the termination of the tenancy, Agency
may use, dispose 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 27. NO RECORDATION
Neither this Lease nor a memorandum thereof shall be
recorded by Tenant.
Section 28. 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 29. 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: Catholic Charities of Los Angeles -
Ventura County Region
303 N. Ventura Ave.
Ventura, CA 93001
ATTN: Regional Director
24 -hour Emergency Phone contact: (805) 643 -4694
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.
11 000018
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.
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. 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 32. 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: (i) in a writing signed by
all of the parties hereto; or (ii) 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 33. INTERPRETATION
Should interpretation of this Lease, or any portion
thereof, be necessary, it is deemed that the Lease was
prepared by the 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.
12 000019
Section 34. VENUE
This Lease is made, entered into, and executed in
Ventura County, California, and any action filed in
any court for the interpretation, enforcement of other
action arising from any term, covenant or condition
herein shall be filed in Ventura County, California.
Section 35. 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: REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
By: Date:
Steven Kueny
Executive Director
Moorpark Redevelopment Agency
ATTEST:
By: Date:
Deborah S. Traffenstedt
Agency Secretary
Moorpark Redevelopment Agency
TENANT: CATHOLIC CHARITIES OF LOS ANGELES - VENTURA REGION
By: Date:
Robert Bagdazian, Regional Director
13 000€20
EXHIBIT A
DESCRIPTION OF PROPERTY
PARCEL D As Shown on the attached Parcel map.
14
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EXHIBIT B
SITE IMPROVEMENTS
Install 62' X 70' Modular Building
Transport modular building from present location
Grade site and pave parking area and driveway per attached
site grading plan
Dismantle and reassemble modular building
Level modular building and install earthquake anchors
Construct Building Improvements
Interior drywall repair (after reassembly)
Other interior modifications (create larger rooms)
Install perimeter skirting
Install ADA Ramps
Building Plumbing
Install Site Utilities
Temporary Power
Water service 3-4 "Meter
Connection Fee (water)
Sewer Connection /fee
Installations
Other Site Improvements
4' Temporary sidewalk for pedestrian access from Spring road
Site Fencing & landscaping
15 000023
Apr 09 03 12:14p City of Moorpark 805 531 9112
APR- 08- 2003(TUE) 13:42 HAWKS AND ASSOCIATES (EAX)805658579'
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000024
CITNr OF MOORPARK, CA1,IFORINIA ITEM S.A.
Redevelopment Agency Meeting
of
.t
ACTION: MINUTES OF THE REDEVELOPMENT AGENCY
a i ornia April 2, 2003
A Regular Meeting of the Redevelopment Agency of the City of
Moorpark was held on April 2, 2003, in the Community Center of
said City located at 799 Moorpark Avenue, Moorpark, California.
1. CALL TO ORDER:
Chair Hunter called the meeting to order at 7:04 p.m.
2. ROLL CALL:
Present: Agency Members Harper, Mikos, Millhouse,
Parvin, and Chair Hunter.
Staff Present: Steven Kueny, Executive Director; Joseph
Montes, General Counsel; Hugh Riley,
Assistant Executive Director; Ken Gilbert,
Public Works Director; and Deborah
Traffenstedt, Agency Secretary.
3. PUBLIC COMMENT:
None.
4. PRESENTATION /ACTION /DISCUSSION:
A. Consider Agreement for Consulting Services with
Mayerson Marketing and Public Relations to Develop a
Comprehensive Marketing Plan for the City. Staff
Recommendation: Approve agreement with Mayerson
Marketing & Public Relations subject to final language
approval by the Executive Director, and authorize the
Executive Director to sign the agreement.
Mr. Riley gave the staff report.
In response to Agency Members, Mr. Riley stated that:
a draft of the brochure and slogans will be reviewed
by the Council prior to printing; initially, 1,000
brochures will be printed to be mailed and also made
available at the Moorpark Chamber of Commerce;
additional copies can be reproduced at the same cost;
the consultant has worked with a number of other
cities and will develop several recommendations; and
000025
Minutes of the Redevelopment Agency
Moorpark, California Page 2
ril 2, 2003
that there has been no discussion for polling the
community for design input.
In response to Agency Member Parvin, Mr. Kueny
suggested that the initial draft of the work product
be presented to the Council prior to deciding whether
or not to involve the public in a poll.
Dick Wardlow, local business man in the Redevelopment
District, 233 High Street, Moorpark, expressed concern
over the high cost of this plan when two studies have
already been performed and this plan will only result
in the production of 1,000 brochures and a slogan. He
stated that the money should remain in the
Redevelopment Fund to be transferred to other worthy
projects.
MOTION: Agency Member Harper moved and Agency Member
Mikos seconded a motion to approve agreement with Mayerson
Marketing & Public Relations subject to final language
approval by the Executive Director, and authorize the
Executive Director to sign the agreement. The motion
carried by unanimous voice vote.
5. CONSENT CALENDAR:
MOTION: Agency Member Millhouse moved and Agency Member
Mikos seconded a motion to adopt the Consent Calendar. The
motion carried by unanimous roll call vote.
A. Consider Approval of Minutes of Regular Meeting of
March 19, 2003. Staff Recommendation: Approve
minutes.
B. Consider Resolution Amending Fiscal Year 2002/2003
Moorpark Redevelopment Agency Budget for the Flinn
Avenue Realignment Project. Staff Recommendation:
Adopt Resolution No. 2003 -112. ROLL CALL VOTE
REQUIRED
C. Approve Contract for Demolition of Residential
Structure and Appurtenances at 661 Magnolia Street.
Staff Recommendation: Award bid for Demolition of 661
Magnolia Street to Viking Equipment Corporation for
$8,200.
000026
Minutes of the Redevelopment Agency
Moorpark, California Page 3 April 2, 2003
D. Consider Resolution Revising the Amount of the Fundin
for Project 8040 - Moorpark Avenue Widening. Staff
Recommendation: Adopt Resolution No. 2003 -113
amending the Fiscal Year 2002/2003 Budget to revise
the amount of the funding for Project 8040. ROLL CALL
VOTE REQUIRED
6. CLOSED SESSION:
None was held.
8. ADJOURNMENT:
MOTION: Agency Member Harper moved and Agency Member
Mikos seconded a motion to adjourn. The motion passed by
unanimous voice vote. The time was 7:10 p.m.
Patrick Hunter, Chair
ATTEST:
Deborah S. Traffenstedt
Agency Secretary
000027
CITY O CA[IT OR?i1/
Redev lopment Agency Meeting
of
ACTION:- ta�1- �+tAC��"�
MOORPARK REDEVELOPMENT AGENCY
AGENDA REPORT
TO: The Honorable Chair and Board of Directors
FROM: Hugh R. Riley, Assistant Executive Directo `
DATE: April 8, 2003, (Agency Meeting of April 2, 2003)
SUBJECT: Approve Contract for Hazardous Material abatement
in connection With the Demolition of Structures and
Appurtenances at 226 High Street and 661 Magnolia
Street
DISCUSSION:
The Agency plans to demolish and clear the commercial
structure at 226 High Street as well as the residential
structure at 661 Magnolia Street. State environmental
regulations require special handling of material such as
asbestos when present in structures to be demolished.
On April 3, 2003 the Agency obtained a survey report from
Ensafe Environmental Services advising that the structures at
661 Magnolia and 226 High Street contained asbestos and lead
containing materials (paint) which would require abatement
prior to demolition. On April 4, 2003 the Agency obtained
bids for the abatement of these materials. Four separate bids
were obtained for the abatement at 226 High Street with the
low bid qualified received from Ventura Asbestos Control for
$3,250. Five separate bids were received for the abatement
work at 661 Magnolia with the low bid also from Ventura
Asbestos Control for $2,810.
Rollins Consulting, Inc., the Agency's project management
consultant has reviewed the .bids obtained and recommends a
contract for the work be awarded to Ventura Asbestos Control
for both locations for a total of $6,060. Copies of RCI's Bid
summaries and recommendations are attached along with the
report from Ensafe.
000028
Moorpark Redevelopment Agency Agenda Report
April 16, 2003
Page 2
STAFF RECOMMENDATION:
Award bid for Hazardous Material Abatement at 661 Magnolia
Street and 226 High Street to Ventura Asbestos Control
$6,060.
Attachment: Consultant's Recommendation
Survey Report from Ensafe
2 000029
V
rci
ROLLINS CONSULTING, INC.
Hugh Riley Assistant City Manager
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
RE: Hazmat Removal At 661 Magnolia
Dear Mr. Riley,
APR 0 4 2003
AssWdoftagedffice
April 4, 2003
Rollins Consulting Inc. contacted (10) hazardous material removal firms to
perform the hazardous material removal of the 661 Magnolia Property. A
mandatory Job walk was held on March 31, 2003, (6) firms responded and were
present at the meeting. Bids were received prior to 10:00 AM April 3, 2003; the
deadline specified in the request for bids. The bid results were as follows:
• Viking Equipment Corp. No bid received
• Marcor Environmental $ 3,725.00
• Alternative Technologies $ 6,985.00
• Zenco Engineering $ 3,280.00
• International Environmental Corp. $ 3,900.00
• Ventura Asbestoses Control $ 2,810.00
Ventura Asbestos Control submitted the lowest bid of $2,810.00. Upon review
of their proposal; we find their pricing to be reasonable for the scope of services
indicated in their bid. It is therefore our recommendation that The City of
Moorpark retain the services of Ventura Asbestos Control for the hazardous
material removal at 661 Magnolia.
Sincerely,
Steve Alnes
Project Manager
Rollins Consulting Inc.
Attachments: Hazmat survey, Notice inviting bids, Bid proposals
Cc: File
325 East Hillcrest Dr., Suite 121 • Thousand Oaks, CA 91360 • Phone (805) 373 -0323 • Fax (805) 373 -0885000030
Program /Construction Management
www.rollinsconsultinginc.com
V
rci
Hugh Riley Assistant City Manager
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
RE: Hazmat Removal At 226 High Street
Dear Mr. Riley,
APR 0 4 2003
AssIM i NYMapa sOfficie
April 4, 2003
Rollins Consulting Inc. contacted (10) hazardous material removal firms to
perform the hazardous material removal at the 226 High Street property. A
mandatory Job walk was held on March 31, 2003, (6) firms responded and were
present at the meeting. Bids were received prior to 10:00 AM April 3, 2003; the
deadline specified in the request for bids. Bid results were as follows:
• Viking Equipment Corp. No bid received
• Marcor Environmental $ 7,995.00
• Alternative Technologies $ 3,710.00
• Zenco Engineering No bid received
• International Environmental Corp. $ 4,325.00
• Ventura Asbestoses Control $ 3,250.00
Ventura Asbestos Control submitted the lowest responsible bid of $3,250.00.
Upon review of their proposal, we find their pricing to be reasonable for the scope
of services indicated in their bid. It is therefore our recommendation that The City
of Moorpark retain the services of Ventura Asbestos Control for The hazardous
material removal at 226 High Street.
Sincerely,
A
Steve Alnes
Project Manager
Rollins Consulting Inc.
Attachments: Hazmat survey, Notice inviting bids, Bid proposals
Cc: File
325 East Hillcrest Dr., Suite 121 • Thousand Oaks, CA 91360 • Phone (805) 373 -0323 • Fax (805) 373 -0885
Program /Construction Management
www.rallinsconsultinginc.com 0000-31
FROM :Rollins Consulting Inc FAX NO. :8052785269 Apr. 03 2003 01:34PM P1
Sent bey: Enssfe Environmental; 805 6446302; Mar -31 -03 9:0; Page 1
1.
Ensafe
March 31. 2W3
REECD MAR `i 12003 f.,
CITY OF MOORPARK
Administrative Services
799 Moorpark Avenue
Moorpark. California 93021
SUBJECT: SURVEY FOR ASBESTOS CONTAINING CONSTRUCTION MATERIALS
881 Magnolia Street 8 226 High Street, Moorpark, California
Ensafe Project No. 030303
Ensafe Environmental Corporation (Ensafe) has completed the survey for hazardous construction materials at
the above referenced location. Ensafe understands this survey was performed to fulfill environmental survey
requirements set forth by the Department of Oocupational Safety and Health and County of Ventura, Air
Pollution Control District prior to demolition activities.
Daniel B. Gawrys, Registered Environmental Assessor (*06 -671) and Certified Asbestos Consultant (#92-
0790) performed the survey on March 21, 2003. The following presents findings of our Inspection.
SAMPLING AND ANALYTICAL METHODOLOGIES
Suspect asbestos and lead containing material samples was placed in sealed sampling containers with
unique Identification numbers for shipment to Forensic Analytical of Rancho Dominguez, California for
analysis. Samples analyzed for asbestos content was performed in accordance with EPA Method 600/R-
931116.
SAIMPLE RESULTS
Materials which report greater than one tenth of one - percent (1110%) asbestos by weight are considered by
the California Department of Occupational Safety and Health to be ACCM. Materials, which report no
asbestos, are defined in the laboratory report as "None Detected ".
Table 1 below presents material specific information including analytical result. Materials that reported
regulated concentrations of asbestos are italicized and highlighted. All quantities are approximate.
Table 1. Asbestos Sample Information
iM
13e1ge "a
ND
Kitchen
Yellow Mastic
2% Chrysotr7o
Black Mastic
2ll
grown Tile
7% Chrysotille
Living Roan, Bedrooms #1 & 02
3ild
Mastic
No
_
Dinalrx9 ROOM
—white 7710
31% Chr"abla
i
Ysllow–Mastic
ND
-�
4M
" Green Tile
I ND
BackRoom
Clear Mastic
ND
Yellow Mastic
ND
Back Roorn
5M
Beige Sheet Flooring
NO
Fibrous Backer
, ND
01101
`Arhite Sheet Floering
Fibrous Backing
ND
NO
Back Room
Bask Room
7M
Green Sheet
Flooring
I ND
l t BO SF
Soo SF
150 SF
4-25 SF
100 SF
i00�Sr
160 SF
200 SF-
00® () uiZ
FROM :Rollins Consulting Inc FAX NO. :8052785269 Apr. 03 2003 01:34PM P2
Sent By: Ensafe Environmental,- 805 0446302; Mar -31 -03 9:09; Rage 2
survey for Asbestos ConEalning consuvcticio tlAatrrials
881 Magnolia Street A 226 High Street, Moorpark. Cawornia
Ensafe Project No. 030303
March 31, 2003
Pace 2 of 2
INiwal
No.
Material
Deserition
Result
Location
_
Quantlty�
Print
ND
2S
Interior Plaster
Paint
NO
NO
_
Throughout Interior
_
1,800 SF
3S
Green Stucco
Grey Stucco
861W Stucco
Paint
NO
NO
NR
O
Throughout Exterior
1,800 SF
i
ON
lament hl
Assumed
Heater C101"t
e LF
OW— M
Msstle
Assumed
_
I Roo/ _
100 tF
226
'
HI gh Street _
IN
saw rile
Yellow Mastic
NO
2% Ch oft
Front pukes
40Q SF
"
2M
12"X12' Ceiling Tile
Paint
NO
NO
Frant Offioes
300 317
150 SP
3M
Beige Sheet
Fla"ftrg
Fibrous Backlit
ND
70% Chrysow
Back Room
-�
Ant
12"Xi2" White Too
Black mesBc
3% Chrywilme
NO
Back Room - -- �
_
ISO SF
sm_
Gypsum Wallboard
Sklmcoat
NO
ND
Back Room
1,200 SF
AM
cw"entp4m
Assumed
Heater Closet
6 LF
7M
Mastic
Assumed
Roof
5 Sr
Refer to Attachment A for analytical results.
CONCLUSIONS
Identified ACCMs are required to be removed prior to initiating demolition or renovation activities by 40 CFR
61A45 (NESHAPS). Abatement activities must be performed by a State certified asbestos abatement
contractor registered with the State of California, Department of Occupational Safety and Health In
accordance with 8 CCR, Section 1529, Asbestos in Construction. Technical specifications identifying the
abatement contractor's scope of work, including but not limited to engineering controls, removal procedures,
waste packaging, and disposal must be prepared by a State certfffed asbestos consultant.
LIMITATIONS
The conclusions in this report are professional opinions based solely on visual observations and analytical
results, as described in this report. Opinions and recommendations presented herein apply to site conditions
existing at the time of our Investigation and those reasonably foreseeable. They cannot necessarily apply to
site Changes of which Ensafe is not aware and has not had the opportunity to assess.
In accordance with scope. of work, performed survey does not attempt to assess materials for hazardous
characteristics other than asbestos or lead that may or may not be present.
SIGNATURES
Report Prepared by:
Daniel Gawrysk 11
Registered Envi-Whmental Assessor 6013 -671
Certified Asbestos Consultant d97- -0790
000033
FROM :Rollins Consulting Inc
Sent 9y: Encafo Environmental;
FAX NO. :6052785269
805 0440302;
ATTACHMENT A
C)��fE�
Apr. 03 2003 01:35PM P3
Mar -3I -03 3:09; rage 3
0000;34