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HomeMy WebLinkAboutAG RPTS 2012 0717 OB REG(unconvened) This meeting was not convened, as recent A Special Meeting was called to replace this passage of AB-1484 now requires all actions of agenda and all agenda reports were rewritten to the Oversight Board be by resolution. include resolutions. OVERSIGHT BOARD TO THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK REGULAR MEETING AGENDA TUESDAY, JULY 17, 2012 3:30 P.M. Moorpark Community Center 799 Moorpark Avenue 1. CALL TO ORDER: 2. PLEDGE OF ALLEGIANCE: 3. ROLL CALL: 4. PUBLIC COMMENT: 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA: (items to be withdrawn from the Consent Calendar shall be identified at this time.) 6. PRESENTATION/ACTION/DISCUSSION: A. Consider Disposition of Former Redevelopment Agency Non-Housing Properties. Staff Recommendation: Form an Ad Hoc Committee of the Oversight Board to work with the Successor Agency to discuss the sale or development potential of each property and report back in October 2012; and 2) Concur with Successor Agency's intent to issue a notice of default to Aszkenazy Development, Inc. (Staff: David Moe) All writings and documents provided to the majority of the Board Members regarding all open-session agenda items are available for public inspection at the City Hall public counter located at 799 Moorpark Avenue during regular business hours. Agenda packets for Oversight Board meetings are also available on the City's website at www.ci.mooraark.ca.us. Any member of the public may address the Board during the Public Comments portion of the Agenda,unless it is a Presentation/Action/Discussion item. Speakers who wish to address the Board concerning a Presentations/Action/Discussion item must do so during the Presentations/Action/Discussion portion of the Agenda for that item. Speaker cards must be received by the City Clerk for Public Comment prior to the beginning of the Public Comments portion of the meeting;and for a Presentation/Action/Discussion item,and prior to the Chairperson's call for speaker cards for each Presentation/Action/Discussion agenda item. A limitation of three minutes shall be imposed upon each Public Comment and Presentation/Action/Discussion item speaker. Written Statement Cards may be submitted in lieu of speaking orally for Presentation/Action/Discussion items. Any questions concerning any agenda item may be directed to the City Clerk's office at 517-6223. Regular Meeting of the Oversight Board to the Successor Agency of the Redevelopment Agency of the City of Moorpark July 17, 2012 Page 2 6. PRESENTATION/ACTION/DISCUSSION: (continued) B. Consider Review of Redevelopment Agency Current Leases. Staff Recommendation: Receive and file report. C. Consider Recognized Obligation Payment Schedules (ROPS)for January 1, 2013 to June 30, 2013. Staff Recommendation: 1) Approve the ROPS for January 1, 2013 to June 30, 2013, dated July 17, 2012; and 2) Direct staff to transmit the approved ROPS, with the signature of the Chairperson, to the State of California (Department of Finance, State Controller's Office), Ventura County Auditor-Controller, and post to the City's website, as per the legislation [Health and Safety Code, Section 34177(k)(2) (C)]. ROLL CALL VOTE REQUIRED (Staff: Ron Ahlers) D. Consider Review of Potential Law Firms Identified for Oversight Board Legal Counsel. Staff Recommendation: Direct staff to continue search for legal counsel and report back to Oversight Board in October 2012. (Staff: David Moe) 7. CONSENT CALENDAR: A. Consider the Minutes of the Special Oversight Board Meeting of June 19, 2012. Staff Recommendation: Approve the minutes. B. Consider Status Update to Recognized Obligation Payment Schedules (ROPS) for January 1 2012 to June 30 2012 and July 1, 2012 to December 31, 2012. Staff Recommendation: Receive and file report. C. Consider Scheduling of a Summer Meeting Recess. Staff Recommendation: Direct staff to post a notice of meeting cancellation for the August 21, 2012, regular Oversight Board meeting. (Staff: Maureen Benson) 8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: A. Announcements. B. Future Agenda Items. Regular Meeting of the Oversight Board to the Successor Agency of the Redevelopment Agency of the City of Moorpark July 17, 2012 Page 3 9. ADJOURNMENT: Dated: July 13, 2012. Maureen Benson, City Clerk In compliance with the Americans with Disabilities Act,if you need special assistance to review an agenda or participate in this meeting,including auxiliary aids or services,please contact the city Clerk's Division at(805) 517-6223. Upon request,the agenda can be made available in appropriate alternative formats to persons with a disability. Upon advance notification of the need for disability-related modification or accommodation, reasonable arrangements will be made by City staff to provide accessibility to the meeting (28 CFR 35.102- 35.104;ADA Title II). Regular Meeting of the Oversight Board to the Successor Agency of the Redevelopment Agency of the City of Moorpark July 17, 2012 Page 4 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss CITY OF MOORPARK ) AFFIDAVIT OF POSTING I, Maureen Benson, declare as follows: That I am the City Clerk of the City of Moorpark and that a notice for a Regular Meeting of Oversight Board for the Successor Agency of the Redevelopment Agency of the City of Moorpark to be held Tuesday, July 17, 2012, at 3:30 p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California, was posted on July 13, 2012, 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 July 13, 2012. -�--- Maureen Benson, City Clerk ITEM 6 A.OVERSIGHT BOARD TO SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK AGENDA REPORT To: Oversight Board to Successor Agency From: David C. Moe II, Redevelopment Manager Date: June 29, 2012 (Meeting of 7117/12) Subject: Consider Disposition of Former Redevelopment Agency Non- Housing Properties BACKGROUND On July 5, 1989, the City Council of the City of Moorpark adopted Ordinance No. 110 approving and adopting a redevelopment plan for the Moorpark Redevelopment Project ("Project"). Over the last 23 years, the Redevelopment Agency of the City of Moorpark ("Redevelopment Agency") has, both unilaterally and through participation in joint public/private partnerships, facilitated a number of successful projects and programs aimed at economic revitalization, neighborhood revitalization, and affordable housing production. As of February 1, 2012, every redevelopment agency was dissolved and a successor agency was created for each former redevelopment agency. The successor agency of the Redevelopment Agency is the City of Moorpark ("City"). DISCUSSION The purpose of this report is to consider the disposition of the successor agency non- housing properties. Attachment I is a map illustrating the locations of the non-housing properties and Attachment II is a spreadsheet listing all the properties by address and Assessor Parcel Number (APN). Attachment II also shows the General Plan, Zoning designations, and use/intended use. The following is a general overview of the non-housing properties: 1. 68, 104, 192, and 220-222 High Street. These addresses are all contained on one large, narrow parcel generally between High Street and the railroad tracks. The property contains numerous structures including the One More Time Thrift Shop and 1 Oversight Board July 17, 2012 Page 2 Maria's Restaurant. Three vacant dilapidated buildings are also on the property, which are the mill and storage buildings formerly used to unload and store chicken feed destined for the former Egg City property north of the City. There is a disposition and development agreement ("DDA") between the Redevelopment Agency and Aszkenazy Development, Inc. to develop this property. At this time, Aszkenazy Development, Inc. has not returned staffs phone call to discuss continuing the project and has not made any attempt to move forward and submit development plans. Staff is recommending the Oversight Board concur with the Successor Agency's intent to send a notice of default for failure to perform under the DDA. If Aszkenazy Development, Inc. does not cure the default, the Oversight Board would be able to take the appropriate steps to terminate the disposition and development agreement. As mentioned at the June 19, Oversight Board meeting, portions of this property are used for public parking as follows: A. The easterly 140 feet of this property were acquired from the Ventura County Transportation Commission in February 2008, to be combined with the majority of the rest of this parcel for the Aszkenazy Disposition and Development Agreement (DDA). This portion, plus an additional 150 feet to the west are currently used for public parking. In the event the Aszkenazy DDA does not proceed, the City intends to retain this 290 feet of frontage to expand the Metrolink parking. B. The westerly 160 feet of this property is currently being leased to the Moorpark Chamber of Commerce. The.Chamber promotes the community, tourism, and public and business relations, including the "Shop Moorpark" program. The parcel is also used for parking by High Street Arts Center patrons. In January, 2011, a 160-foot easement was accepted by the City of Moorpark on this property for future road widening and a public park. The staff report identified this site as a possible location for the town square/park as called for in the Downtown Specific Plan. However, the easement was never recorded. Both the road widening and public park are needed regardless of other development in the area. C. The 187 feet east of the property leased to the Chamber of Commerce and west of the driveway for Maria's Restaurant is currently used for public parking, especially by patrons of the High Street Arts Center. It is included in the Aszkenazy DDA as part of the second phase of the project. In the event the Aszkenazy DDA 2 Oversight Board July 17, 2012 Page 3 does not proceed, the City intends to retain this frontage for public parking. 2. 450 High Street. This property is the former J. E. Clark Fueling Station. The Redevelopment Agency was in the process of removing the tanks prior to dissolution. The Successor Agency is now continuing the process to properly remove the tanks and close out the fueling station in accordance with the County of Ventura environmental requirements. Staff recommends continuing with the removal of the tanks and closing out of the fueling station. 3. 467 High Street. The Redevelopment Agency has cleared all the improvements on this property. Several developers were interested in the property, but they were reluctant to proceed with development due to the weakening economy. 4. Princeton Avenue (Lots 69-72). This property was purchased by the Redevelopment Agency to relocate the J.E. Clark Fueling Station. Unfortunately, the project was not approved due to neighborhood opposition. The property does not have any improvements. 5. 347 Moorpark Avenue. This property was purchased by the Redevelopment Agency for the Moorpark Avenue widening project. The property has a 20 foot easement on the east property line for the road widening and has a utility easement on the west property to maintain the overhead utility lines. The Redevelopment Agency planned to sell the remainder of the property. 6. 500 Los Angeles Avenue. The Redevelopment Agency purchased this property from the State of California to redevelop for commercial purposes. The structures have been removed but the concrete slabs remain. Tom Lindstrom RV, Inc. is currently leasing the property until the disposition can be decided. On June 28, Mr. Lindstrom exercised his 90 day extension of the term of the lease agreement and expressed interest in purchasing the property. On July 12, 2012, staff received an offer from Tom Lindstrom to purchase the property for $750,000.00 and have Successor Agency carry papers. Per Section 34177 (e) of the Health and Safety Code, successor agencies are required to dispose of assets and properties of the former redevelopment agency as directed by the oversight board; provided, however, that the oversight board may instead direct the successor agency to transfer ownership of certain assets pursuant to subdivision (a) of Section 34181 (Governmental Purpose properties). The disposal is to be done expeditiously and in a manner aimed at maximizing value. Proceeds from the asset sales and related funds that are no longer needed for approved development projects or to otherwise wind down the affairs of the agency, each as determined by the oversight 3 Oversight Board July 17, 2012 Page 4 board, shall be transferred to the county auditor-controller for distribution as property tax proceeds under Section 34188. STAFF RECOMMENDATION 1. Form an Ad Hoc Committee of the Oversight Board to work with the Successor Agency to discuss the sale or development potential of each property and report back in October 2012. 2. Concur with Successor Agency's intent to issue a notice of default to Aszkenazy Development, Inc. Attachment I: Map of Non-Housing Properties Attachment II: Non-Housing Properties Spreadsheet 4 Attachment FTT_ ,.. 2T .1 e" G 14G 22 23� Posedf7ter Avg .. a.,-o.r.y Tyr a y Z � � v t w' 2 4 A E iy- g { - F�taorpark .,� - ,..._. Rob t< c� l�cr`A i r r p _ LEGEND r"Ice Ism 7 b. ccccpppp M. } i ,a F v e. Successor Agency Redevelopment d Project Bound. � '., s ,i �. � !—Y fi t Downtown Specific ONE Area Dontla N i9Ntr St to { � > f w/•t4s�0T2 O�ytal Mar oroi r.-..Coanty:0.ire�+kar,Talt�6c.Cusv tee•Chia .- r, f i� r i. �..i_ �`;\ .r � _ _ Pp � ppP 92 Non -Housin g Propefties N O w• 9 ren ivy Ln Attachment II No.on Date of Zoning Map Property Address APN Acquisition Purchase Price General Plan Designation Designation 22 68, 104, 192, 220-222 High Street 512-0-090-115 8/7/1993 $ 275,509.00 C-OT(Old Town Commercial) C-OT 23,24 450 High Street 512-0-082-020, 030 11/19/2010 $ 915,952.00 C-OT(Old Town Commercial) C-OT 25 467 High Street 512-0-081-110 6/24/2003 $ 451,439.00 C-OT(Old Town Commercial) C-OT 26,27 Princeton Avenue(Lots 69-82) 513-0-024-105, 135 3/12/2007 $ 583,000.00 1-2(Medium Industrial) M-2 28 347 Moorpark Avenue 511-0-101-350 10/31/2005 $ 635,000.00 C-1 (Neighborhood Commercial) C-1 29 500 Los Angeles Avenue 506-0-050-080 3/27/2009 $ 1,854,000.00 C-2(General Commercial) CPD ITEM 6.13. OVERSIGHT BOARD TO SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK AGENDA REPORT To: Oversight Board to Successor Agency From: David C. Moe II, Redevelopment Manager Date: July 2, 2012 (Meeting of 7/17/12) Subject: Consider Review of Redevelopment Agency Current Leases BACKGROUND & DISCUSSION The former Redevelopment Agency of the City of Moorpark ("Redevelopment Agency") acquired several properties for the purpose of furthering economic development opportunities. Some of these properties were occupied at the time of acquisition. The Redevelopment Agency relocated some of the tenants, but some tenants were allowed to remain and occupy the property until it was ready to be redeveloped. Currently, there are four leases remaining on the former Redevelopment Agency properties. Annual revenue for the existing leases totals $44,000.00. The Successor Agency will send the lease revenue to the County Auditor-Controller for distribution to the taxing entities. Below is a summary of the existing leases and revenue: Annual Monthly Contract Contract Rent Rent FY Property FY 11/12 11/12 Benjamin Cano (Maria's Restaurant/104 High Street) $ 550.00 $ 6,600.00 Moorpark Active Seniors(Thrift Store/220 High Street) $ 1,131.00 $ 13,572.00 Moorpark Chamber of Commerce(18 High Street) $ 0.00 $ 1.00 Tom Lindstrom RV(500 Los Angeles Avenue) $ 2,000.00 $24,000.00 Total: $ 3,681.08 $44,173.00 7 Oversight Board July 17, 2012 Page 2 Benjamin Cano, lessee of the property (land only) located at 104 High Street, has recently passed away. Staff is working with the heirs to address the death of the lessee and will report back to the Oversight Board with a recommended course of action. As of February 1, 2012, these lease agreements were inherited by the Successor Agency. Copies of the lease agreements are attached to the staff report. STAFF RECOMMENDATION Receive and file report. Attachment I: Lease Agreements of former Redevelopment Agency 8 ATTACHMENT I LEASE AGREEMENTS OF FORMER REDEVELOPMENT AGENCY 9 LEASE AGREEMENT BY AND BETWEEN BENJAMIN CANO DBA LA PLAYITA 104 HIGH STREET MOORPARK, CALIFORNIA AND THE MOORPARK REDEVELOPMENT AGENCY EFFECTIVE DATE JANUARY 1, 1994 LEASE AGREEMENT NUMBER MRA 94-001 C�� 1� to TABLE OF CONTENTS SECTION PAGE 1. PROPERTY LEASED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2. TERM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 3. HOLDING OVER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4. RENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5. LIABILITY INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 6. USE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . 3 7. UTILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 8. TAXES, ASSESSMENTS AND LIENS 4 9. WAIVER OF RELOCATION ASSISTANCE 5 10. INSTALLATION BY TENANT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 11. REMEDIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 12. MAINTENANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 13. PESTICIDES AND HERBICIDES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 14. HAZARDOUS MATERIALS INDEMNITY 7 15. INDEMNIFICATION AND HOLD HARMLESS 9 16. NO WARRANTIES BY AGENCY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 17. CASUALTY INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 18. GOVERNING LAW 9 19. ENTRY BY AGENCY . . . . . . . . . . 10 20. ASSIGNMENT AND SUBLETTING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 21. DEFAULT OR BREACH . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 22. INSOLVENCY OR BANKRUPTCY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 11 SECTION PAGE 23. DISPOSSESSION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 24. CONDEMNATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 25. WAIVER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 26. ACQUIESCENCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 27. PARTIES BOUND AND BENEFITTED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 28. CONDITION UPON TERMINATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 29. TENANT'S FAILURE TO REMOVE PERSONAL PROPERTY . . . . . . . . . . . . . . 12 30. NO RECORDATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 31. ATTORNEY"S FEES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 32. NOTICES AND PAYMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 33 . PARTIAL INVALIDITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 34. GENDER AND NUMBER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 35. SECTION HEADINGS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 36. INTEGRATION AND MODIFICATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 37. TIME . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 38. INTERPRETATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 39. VENUE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 40. NON-DISCRIMINATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 EXHIBITS I. EXHIBIT "A" A. Lease Area Map Page 1 of 2 B. Description of Map Page 2 of 2 LEASE005-05i12i94 1 1 12 LEASE AGREEMENT THIS LEASE AGREEMENT, (hereinafter "Lease") is made and entered into as of this 1st day of January, 1994, by and between the Redevelopment Agency of the City of Moorpark (hereinafter "Agency") , Lessor, and Benjamin Cano dba La Playita, 104 High Street, Moorpark, California (hereinafter "Tenant') . 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 104 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") . It is understood by the Agency that the Tenant owns the building that is located on the Premises. SECTION 2. TERM The term of this Lease shall commence on the January 1, 1994, and shall continue to December 31, 1994. Commencing on January 1, 1995, 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. 1 13 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. 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, hereof. SECTION 4. RENT (A) Tenant shall pay Agency, without abatement, deduction or offset, rent in the amount of Five Hundred and Fifty Dollars ($550.00) per month ("Monthly Rent") payable in advance on or before the first day 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) Tenant hereby acknowledges an accrued rental obligation in the amount of Two Hundred Dollars ( $200.00) owed by Tenant to Agency for Tenant's use of the Premises during the period from April 1, 1994 through April 30, 1994. Tenant shall pay such accrued rental obligation, in full , to Agency concurrently with the execution of this Lease, which payment shall constitute a condition precedent to the obligations of the Agency hereunder. In the event Tenant shall fail to pay such accrued rental 2 14 obligation to Agency upon the execution of this Lease, and such failure is not cured by Tenant within 5 days thereafter, Agency may, at Agency's sole discretion and option, and without waiver or prejudice to any other remedy available to Agency, terminate this Lease by written notice to Tenant, and thereupon Agency shall have no further liability or obligation whatsoever to Tenant hereunder. 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 provide for minimum coverage of One Million Dollars ($1,000,000) for the bodily injury or death of any person or persons in any one occurrence and Five Hundred Thousand Dollars ($500,000) 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. 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 officers, 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 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. USE Tenant shall use the Premises for restaurant and required parking use only, subject to all applicable governmental 3 15 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. The advertised name of the business operated on the Premises shall be La Playita. SECTION 7. UTILITIES Tenant agrees to pay all charges and assessments for or in connection with electric current, gas, water, trash removal, or other utilities which may be furnished to or used upon the Premises by Tenant during this Lease. It is further agreed that in the event Tenant shall fail to pay the above mentioned charges when due, City shall have the right to pay the same on demand, together with interest thereon at the maximum rate allowed by law. SECTION 8. 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 it's 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. 4 16 Upon demand by Agency, Tenant shall post the bond contemplated by Civil Code Section 3143. 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 sea. , and the California Community Redevelopment Law, Health and Safety Code Section 33000 et sea. , or under any similar or successor statutes. SECTION 10. INSTALLATION BY TENANT 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 Tenants cost and is 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 timely pay all costs associated with any and all improvements, 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. 5 17 SECTION 11. 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 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. SECTION 12. MAINTENANCE Throughout the term of this Lease Tenant shall, at Tenant's sole cost, and expense, maintain the Premises, and all improvements, including building owned by Tenant, 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; provided, however, Agency may elect to perform any obligation of Tenant pursuant to this Section of Tenant's failure or refusal to do so and at Tenant's waiver of any rights or remedy for Tenant's default. 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, form 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. 6 18 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, 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. The Tenant shall not be responsible for Hazardous Materials as set forth in Section 13 of this Lease. As used in this Section, and Section 13 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 7 1.9 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 se . ; 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 seg.; 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 se . ; the California Hazardous Substance Account Act, Health and Safety Code Section 25330, et Be q. ; the California Safe Drinking Water and Toxic Enforcement Act, Health and Safety Code Section 25249.5 et se . ; California Health and Safety Code Section 25280, et seg. (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 se , (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. 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, 8 20 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 cif 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 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 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. 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. 9 21. 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 it 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 12 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 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 Tenant 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 10 22 . I r 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. 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 or 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 a part only 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 11 23 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. 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 12 24 Premises to Agency 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 occupance with in accordance with Section 10 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. The Tenant shall have the right to move and/or relocate the building owned by the Tenant. Tenant shall have 30 days or longer upon Agency approval, to move or relocate said building. Any installations, improvements, or additions, except to the Tenant owned building, to the Premises prior to the execution of this Lease shall be deemed as part of the Premises and shall 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 remove or 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, in 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 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 13 25 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: Benjamin:Cano dba La Playita 104 High Street Moorpark, California 93021 Attn: Benjamin Cano, Owner 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. 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 14 26 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 eff ect 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 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 15 27 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: A-, Date: ,7%� f�/ Paul W. La4r on Jr. , Chairman TENANT: By:- -1/G 11Z 1e-v- Date:— BenjaiHn Cano, Owner La Playita ATTEST: By Z _i Date: 7 - lL/ Lillian Hare, Agency Secretary SGH016R1-04/25/94 16 28 EXHIBIT "A" LEASE AREA MAP AND DESCRIPTION OF MAP 29 .r' HIGH STREET 100' -�- _ •127' BLDG.2 23' LOT 4_ 1 LOT 8' CA-2 30' 67' GA P ,53' 26' 78' - LOT 2 BLDG.3 LOT :3 - - - - 155' AC PVMT. 125' AC PVMT. 15' CA-3 20- 25' CA- 1 28' LOT 5 LOT 7 VA LOT 6 23' GA-P VA 60' 127' ill a m m m J O � A N ■ W O EXHIBIT "A" HIGH STREET LEASE I. Lease Area A. Area shown as (Lot 7 and 8) on attached map. 1. Building Area: 1,600 sq. ft. ± (Owned by Tenant) . 2. Lot Area: . 12,500 sq. ft. ± less common areas. 3. Use: Restaurant. 4. Access: Via common area shown as CA-2 and CA-3. Common areas shall be kept free and clear for ingress and egress for areas shown as Building 2, 4-A and 4- B, and areas GA-P. 5. Improvements: Lease area may be subject to encroachment for City of Moorpark Street improvements. (Page 2 of 2) 31 EXHIBIT "A" LEASE AREA MAP AND DESCRIPTION OF MAP 32 HIGH STREET 100' I -127'- BLDG.2 23' LOT 4 1 LOT 8. CA-2 LOT 2 30' 67, GA-P 1531 25' 78' BLDG.3 LOT _ _ _ _ 1g5' _ _ _ _ _ 50, AC PVMT. 125' AC PVMT. 15' CA-3 20' 25' CA- AL 281 - - - - - - - - -- - LOTS LOT VA LOT 6 23' GA-P VA W' 127' I D rn m J N ■ W W FROM MY&Z PHONE 1d0. : 8056581198 Jul. 02 1990 05:30PM P1 Addendum to Standard Lease Dated: July 2, 1998 By and Between (Lessor): Benjamin Cano (Lessee): Maria S. Covarrubias Property Address: 104 E. High Street,Moorpark, CA 93021 Paragraph 2 All provisions of the lease agreement by and between Benjamin Cano and The Moorpark Redevelopment Agency("the Land Lease") effective January 1, 1994 are in full force and effect. Specifically but not limited to, the provisions of Sections 6, 9, 10, 11, 13, 14, 15, 23, 25, 28 and 29 of the Land Lease are binding on the parties of this sublease. Should the Land Lease is in conflict with the provisions of the sublease, the Land Lease agreement takes precedence and the terms of the sublease shall have no force or effect. Should the Land Lease terminates, there shall be an automatic termination of the sublease with no rights of recourse against The Moorpark Redevelopment Agency("the Agency"). Such termination shall not require the Agency to notify the subleases. Initials L1 riI itta Is 34 b� LEASE AGREEMENT BY AND BETWEEN MOORPARK ACTIVE SENIORS 220 HIGH STREET MOORPARKj CALIFORNIA AND THE MOORPARK REDEVELOPMENT AGENCY EFFECTIVE DATE JANUARY 1, 1994 LEASE AGREEMENT NUMBER MRA 94-007 35 TABLE OF CONTENTS SECTION PAGE 1. PROPERTY LEASED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2. TERM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 3. HOLDING OVER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4. RENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5. LIABILITY INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 6. USE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 7. UTILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 8. TAXES, ASSESSMENTS AND LIENS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 9. WAIVER OF RELOCATION ASSISTANCE . . 5 10. INSTALLATION BY TENANT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 11. REMEDIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 12. MAINTENANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 13. LIABILITY OF TENANT PRIOR TO OCCUPANCE . . . . . . . . . . . . . . . . . . . . 6 14. PESTICIDES AND HERBICIDES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 15. HAZARDOUS MATERIALS INDEMNITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 16. INDEMNIFICATION AND HOLD HARMLESS . . . . . . . . . . . . . . . . . . . . . . . . . 9 17. NO WARRANTIES BY AGENCY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 18. CASUALTY INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 19. GOVERNING LAW . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 20. ENTRY BY AGENCY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 21. ASSIGNMENT AND SUBLETTING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 �I) 36 SECTION PAGE 22. DEFAULT OR BREACH . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • . . . . 10 23. INSOLVENCY OR BANKRUPTCY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 24. DISPOSSESSION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 25. CONDEMNATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 26. WAIVER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 27. ACQUIESCENCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 28. PARTIES BOUND AND BENEFITTED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 29. CONDITION UPON TERMINATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 30. TENANT'S FAILURE TO REMOVE PERSONAL PROPERTY . . . . . . . . . . . . . . 12 31. NO RECORDATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 32. ATTORNEY'S FEES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 33. NOTICES AND PAYMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 34. PARTIAL INVALIDITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 35. GENDER AND NUMBER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 36. SECTION HEADINGS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 37. INTEGRATION AND MODIFICATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 38. TIME . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 39. INTERPRETATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 40. VENUE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 41. NON-DISCRIMINATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 EXHIBITS I. EXHIBIT "A" A. Lease Area Map Page 1 of 2 B. Description of Map Page 2 of 2 808O16R3-04/16/94 (i 1 37 LEASE AGREEMENT THIS LEASE AGREEMENT, (hereinafter "Lease") is made and entered into as of this 1st day of January, 1994, by and between the Redevelopment Agency of the City of Moorpark (hereinafter "Agency") , Lessor, and Moorpark Active Seniors, 220 High Street, Moorpark, California (hereinafter "Tenant") . 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 220 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 the 1st day of January, 1994, and shall be a tenancy from month-toy-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 3,946 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 1 38 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. 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, hereof. SECTION 4. RENT (A) Tenant shall pay Agency, without abatement, deduction or offset, rent in the amount of One Thousand One Hundred and Thirty-One Dollars (1,131.00) per month ("Monthly Rent") payable in advance on or before the first day 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) Tenant hereby acknowledges an accrued rental obligation in the amount of Four Thousand, Five Hundred, Twenty--Four Dollars ($4,524.00) owed by Tenant to Agency for Tenant's use of the Premises during the period from January 1, 1994 through April 30, 1994. Tenant shall pay such accrued rental obligation, in full., to Agency concurrently with the execution of this Lease, which payment shall constitute a condition precedent to the obligations of the Agency hereunder. In the event Tenant shall fail to pay such accrued rental obligation to Agency upon the execution of this Lease, and such failure is not cured by Tenant within 5 days thereafter, Agency may, at Agency's sole discretion and option, and without waiver or prejudice to any other a 39 remedy available to Agency, terminate this Lease by written notice to Tenant, and thereupon Agency shall have no further liability or obligation whatsoever to Tenant hereunder. 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 provide for minimum coverage of One Million Dollars ($1,000,000) for the bodily injury or death of any person or persons in any one occurrence and Five Hundred Thousand Dollars ($500,000) 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. 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 officers, 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 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 toe amendment or cancellation. Tenant shall also give Agency thirty (30) days written notice of the expiration of the insurance policy. SECTION 6. ME Tenant shall use the Premises for retail sales, craft, demonstrations, promotions and 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 3 40 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. The advertised name of the business operated on the Premises shall be One More Time. SECTION 7. UTILITIES Tenant agrees to pay all charges and assessments for or in connection with electric current, gas, water, trash removal, or other utilities which may be furnished to or used upon the Premises by Tenant during this Lease. It is further agreed that in the event Tenant shall fail to pay the above mentioned charges when due, City shall have the right to pay the same on demand, together with interest thereon at the maximum rate allowed by law. SECTION 8. TAXES, ASgESSMENTS 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 it's 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. 4 41 SECTION 9. WAIVER OF LOCATION 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 sect. , and the California Community Redevelopment Law, Health and Safety Code Section 33000 gtt sec. , or under any similar or successor statutes as they pertain to the Moorpark Redevelopment Agency only. SECTION 10. INSTALLATION BY TENANT Tenant shall not make any alterations, additions, or improvements in excess of Three Thousand Dollars ($3,000.00) 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 Tenants post and is 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 timely pay all costs associated with any and all improvements, and shall keep the Premises free and clear of all mechanics l mans. 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. SECTION 11. 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 5 42 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. SECTI©N 12. MAINTENANCE Throughout the term of this Lease Tenant shall, at Tenant's sole cost and expense, maintain the Premises and all improvements 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; provided, however, Agency may elect to perform any obligation of Tenant pursuant to this Section of Tenant's failure or refusal to do so and at Tenant's waiver of any rights or remedy for Tenant's default. 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, form 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. LIABILITY OF TENANT PRIOR TO OCCUPANCE The Tenant shall not be liable for conditions of the property for which conditions occurred prior to Tenants occupancy of 6 43 the Premises including the conditions resulting from any storage tank on the Premises and any contamination or distribution of hazardous materials resulting from such storage, unless 'tenant uses such storage tank during possession of the Premises. SECTION 14. 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 15. UZ RpWs MATERIALS INQ •MNITY 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, 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. The Tenant shall not be responsible for Hazardous Materials as set forth in Section 13 of this Lease. 7 44 As used in this Section, and Section 13 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, gt sea. ("CERCLA") ; the Hazardous Materials Transportation Act, 49 U.S.C. , Section 1801, et sect. ; the Resource Conservation and Recovery Act, 42 U.S.C. , Section 6901 et sect. ; the Substances Control Act, 15 U.S.C. , Section 2601, et rea. ; the Clean Water Act, 33 U.S.C. Section 1251, et sea. ; the California Hazardous Waste Control Act, Health and Safety Code Section 25100, gt SM. ; the California Hazardous Substance Account Act, Health and Safety Code Section 25330, gtt sea. ; the California Safe Drinking Water and Toxic Enforcement Act, Health and Safety Code Section 25249.5 et seq. ; California Health and Safety Code Section 25280, et se (Underground Storage of Hazardous Substances) ; The California Hazardous Waste Management Act, Health and safety Code Section 25170.1, r,-t- seq. ; California Health and Safety Code Section 25501, tt sea, (Hazardous Materials Response Plans and Inventory) ; or the Porter-Cologne Water Quality Control Act, Water Code Section 13000, et se,�. , 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 9701(e) , and California Health and Safety Code Section 25364 to insure, protect, hold harmless and indemnify Agency from any liability pursuant to such law. 8 45 SECTION 16. 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 17. NO W_MNTIES 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 18. 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 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 19. GQVVEMING 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. 9 46 SECTION 20. 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 it 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 12 above. SECTION 21. AASIGNMENT AND SUBLETTINQ 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. 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 rum 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 22. DREAULT 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 Tenant 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 10 47 default or breach. Each term and condition of this Lease shall be deemed to be both a covenant and a condition. SECTION 23. 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. SECTION 24. 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 or whatsoever bind or character incurred by Tenant by reason of such dispossession shall be chargeable against Agency. SECTION 25. 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 a part only 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. I€ 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 11 48 attributable to the reversionary interest of the Agency shall belong to the Agency. SECTION 26. 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. SECTION 27. ACOUIESCE.NCE 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 28. PARTIES QUND 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 29. C_ON121TION UPOM T&MINATION Upon termination of the tenancy, Tenant shall surrender the Premises to Agency 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 12 49 installation which Tenant installs during occupance with in accordance with Section 10 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 shall be the possession of the Agency. SECTION 30. TENANT'S FAILURE TO REMOVE PERSONAL PROPERTY Upon termination of the tenancy, Agency may reenter and retake possession of the Promises 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, in 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 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 31. NO RECORDATION Neither this Lease Agreement nor a memorandum thereof shall be recorded by Tenant. SECTION 32. ATTQMEY'SS 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. 13 50 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: Moorpark Active Seniors 220 High Street Moorpark, California 93021 Attn: Anna Bell Sessler, 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. SECTION 34. 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 farce and effect to the full extent allowed by law. SECTION 35. GENDER A,ND=BER 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 14 51 SECTION 36. 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 37. INTEGRATION AND MO ID FICATION 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 38. TIME Time is of the essence of this Lease. SECTION 39. INTEERPETATION 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 patty prepared it or caused it to be prepared. SECTION 40. 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 terra, covenant or condition herein shall be filed in the applicable court in Ventura County, California. 15 52 SECTION 41. 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 Date: 7' Paul W. La son Jr. , cUtairman TENANT: By: Date: 2-1.;2 ` c/c/ Anna Bell Sessler, President ATTEST: By Date: Z-/'q Lillian Hare, Agency Secretary SGH016R1-04/25/94 16 53 EXHIBIT "A" LEASE AREA MAP AND DESCRIPTION OF MAP 54 HIGH STREET 4V 32' 20' I - - - - -- � I ----- --i ----- 33' BLDG.6A 6B 34' 130' GRASS i I I i LOT 12 CA-6, 1 I CA-4 87' ,6' 33' ----� i 75' DIRT - 6 103' 10���I 33' AC PVMT. 1 1- -------� - 125' 1 LOT 10 i LOT 11 TO BE ADDED , LOT 13 I 125 I ' CONCRETE -J DOCK I - _ �� ( d VV' ---- --I-- got I 1 m m BLDG.5 I DIRT I CONCRETE I I 1 i--- 1 1 AC PVMT. 30' -- -------1 125' 110' Lri D (� m 3 D N Ul EXHIBIT "A" HIGH STREET LEASE I . Lease Area A. Area shown as (Lot 11) on attached map. 1. Building Area: (Owned by Agency) 2. Lot Area: 15,940 sq. ft. + (Common lot area to be shared with Building 6-B) . 3. Use: Retail sales. 4. Access: Via common area shown as CA-5. Common area shall be kept free and clear for ingress and egress for Buildings 6-B and 7-A and for trash service for Building 7-A. 5. Improvements: Lease area may be subject to encroachment for City of Moorpark street improvements. (Page 2 of 2) 56 LEASE AGREEMENT BY AND BETWEEN MOORPARK CHAMBER OF COMMERCE MOORPARK, CALIFORNIA AND THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK EFFECTIVE DATE February 1, 2011 thru January 31, 2012 57 LEASE AGREEMENT THIS LEASE AGREEMENT, (hereinafter"Lease") is made and entered into as of this 19"6 da, 4 of S,old,., 2011, by and between the Redevelopment Agency of the City of M roo park (hereinafter"Agency"), Lessor, and Moorpark Chamber of Commerce, (hereinafter'Tenant") Lessee. 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, 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 February 1, 2011 and all terms and conditions of this Lease shall continue through January 31, 2012. 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 for any reason including the need to vacate the premises for future development, 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 month-to- month during such holdover 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 holdover period, at the prevailing rate specified in Section 4, (A) hereof, or as may be adjusted pursuant to this Lease. 1 58 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 March 1, 2011. In consideration for the reduced rent for the premises Tenant shall provide the following services and in-kind considerations at no cost to the Agency or City of Moorpark ("City"): A. OFFICE HOURS: Provide and maintain for the duration of the Agreement open office hours a minimum of 5 days per week, 4 hours per day with regular business hours. In addition, an answering machine or service to receive messages when the office is closed shall be provided. B. MEMBERSHIP: The City shall receive a membership package to the Tenant's organization. The membership shall include attendance for the City Council and City Staff at all events sponsored by the Tenant including Networking Breakfasts,: Mixers, Annual Community Awards Luncheon, Installation Dinner, Annual Mega Mixer and other special events. C. ANNUAL PUBLICATION: Publish a 2011-12 directory or similar publication, as approved in writing by the Executive Director, and provide for its general distribution to City residences and businesses without charge. Tenant may utilize information from City's business registration program to augment this effort and shall provide information to verify data. The City shall have a minimum of eight (8) pages in such directory to provide City information and shall have final editorial authority for any content and photographs on the City's pages of a publication that pertain to the City, its projects, facilities, activities and programs. D. ECONOMIC DEVELOPMENT PROGRAMS: Upon City's request, actively market to Tenant's membership, all City- sponsored Economic Development Assistance Programs including advertisements in Chamber promotional materials, newsletters, e-mails, fax transmittals and on the Chamber website. E. ANNUAL OFFICER INSTALLATION EVENT: Provide at no cost to the City up to 15 attendees at Tenant's Annual Officer Installation event where its board of directors officially assumes office. 2 59 F. COMMUNITY AWARDS LUNCHEON: Provide at no cost to the City up to six attendees at the Community Awards Luncheon. G. BOOTH SPACES AT COUNTRY DAYS: Provide at no cost to Agency and the City, no less than a 10 foot depth by 80 feet long area to setup booths at the Annual Country Days Event if sponsored or co-sponsored by the Tenant and requested booth spaces for any other special events that may occur in the future. H. ANNUAL ACTIVITY REPORT: Tenant agrees to submit a written report to City Manager beginning February 28, 2011 and annually thereafter for the term of this Lease, describing the activities and programs listed above. The report will also include the Tenant's Annual Budget, membership information including the total members on that date, the number of new members, and the activities the Tenant undertook to increase/maintain member numbers. SECTION 5. LIABILITY INSURANCE Tenant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit A attached to and part of this Lease. SECTION 6. INDEMNIFICATION AND HOLD HARMLESS To the fullest extent permitted by law, Tenant shall, at Tenant's sole expense and with counsel reasonably acceptable to Agency, defend, indemnify, and hold harmless Agency and Agency's officers, employees, and agents and the City and City's officers, employees, and agents from and against all claims (including demands, losses, actions, causes of action, damages, liabilities, expenses, charges, assessments, fines or penalties of any kind, and costs including consultant and expert fees, court costs, and attorneys' fees) from any cause, arising out of or relating (directly or indirectly) to this Lease, the tenancy created under this Lease, or the Premises, including without limitation: A. The use of occupancy, or manner of use or occupancy, of the Premises or Building by the Tenant; B. Any act, error, omission, or negligence of Tenant or of any subtenant, invitee, guest, contractor or licensee of Tenant or any subtenant in, on, or about the Real Property; C. Tenant's conducting of its business; 3 60 D. Any alterations, activities, work, or things done, omitted, permitted, allowed, or suffered by Tenant in, at, or about the Premises or Building, including the violation of or failure to comply with any applicable laws, statutes, ordinances, standards, rules, regulations, orders, decrees, or judgments in existence on the Lease Commencement Date or enacted, promulgated, or issued after the date of this Lease; E. Any breach or default in performance of any obligation on Tenant's part to be performed under this Lease, whether before or during the Lease Term or after its expiration or earlier termination; and F. This indemnification extends to and includes, without limitation, claims for: 1. Injury to any persons (including death at any time resulting from that injury); 2. Loss of, injury or damage to, or destruction of property (including loss of use at any time resulting from that loss, injury, damage, or destruction); and 3. All economic losses and consequential or resulting damage or any kind. Tenant's indemnification obligation hereunder shall survive the expiration or earlier termination of this Lease until all claims against Agency involving any of the indemnified matters are fully, finally, and absolutely barred by the applicable statutes of limitation. Agency does not and shall not waive any rights that it may have against Tenant by this Section, because of the acceptance by Agency, or deposit with Agency, of any insurance policy or certificate required pursuant to this Lease. SECTION 7. USE Tenant shall use the Premises for professional office space associated with the functions of the Moorpark Chamber of Commerce 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 Agency Executive Director for the particular purpose, which consent Tenant agrees may be withheld by the Agency Executive Director at his or her sole and absolute discretion. Tenant shall not allow any political action committee to meet at the Premises. Tenant agrees that parking area of Premises shall be available for public parking on weekends and weekdays after business hours from time to time unless parking spaces are needed for Tenant use during these times. Tenant also 4 61 acknowledges the fact that one parking space, located in the northeast corner of the parking lot, is to be reserved at all times for the General Manager of the High Street Arts Center. The Agency or designee shall maintain sign designating this space. The Agency, not Tenant, is responsible for monitoring usage of this reserved space. Agency acknowledges that the Tenant is allowing City of Moorpark based nonprofit organizations at no cost to utilize the Premises for meetings. The Agency believes this is a benefit to the City and such use of the Premises is allowed under this Lease. SECTION 8. UTILITIES Tenant agrees to pay all charges and assessments for or in connection with water, including water for landscape irrigation, sanitary sewer, electric current, gas, and telephone or other utilities which may be furnished to or used upon the Premises by Tenant during this Lease. Agency shall provide refuse disposal services and landscape maintenance services. 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 due. 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 fifteen percent (15%) administrative costs within five (5) days of notice from Agency for any such payment by Agency. SECTION 9. TAXES, ASSESSMENTS AND LIENS Pursuant to subsection (b) of Section 107.6 of the Revenue and Taxation Code, the property interest may be subject to property taxation. Tenant shall pay directly to the tax collector, if and 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 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 5 62 Premises notices of non-responsibility as provided by laws. Upon demand by Agency, Tenant shall post the bond contemplated by Civil Code Section 3143. SECTION 10. WAIVER OF RELOCATION ASSISTANCE Tenant hereby expressly and knowingly waives any and all rights that it may have as an occupant of the property under the Relocation Assistance Act, Government Code Section 7260, and the California Community Redevelopment Law, Health and Safety Code Section 33000 et seq., or under any similar or successor statutes. SECTION 11. 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 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 a 30 day written notice in accordance with Section 2, defining procedures for termination of Lease by Agency, contained herein. SECTION 12. INSTALLATION BY TENANT Tenant shall not make any alterations, additions, or improvements upon the Premises without the prior written consent of the Agency Executive Director or his/her designee. Any alterations, or additions or improvements installed or caused to be installed to the building or site, or any signage, fencing, 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 is 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 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. 6 63 SECTION 13. MAINTENANCE Throughout the term of this Lease, Tenant shall, at Tenant's sole cost and expense, maintain the Premises and all Installations, 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 Installations in any manner throughout the term of this Lease, which repair shall include vandalism, graffiti or caused by Tenant. 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, heating, ventilation, and air conditioning system, plumbing system, electrical system and roof structure. Tenant shall reimburse Agency for 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. SECTION 14. PESTICIDES Tenant shall be responsible for pest abatement on the Premises. Tenant shall use pesticides on the Premises only in strict accordance with all applicable statutes, ordinances, rules and regulations. Tenant shall dispose of all pesticides, 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 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 7 64 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. As used in this Section 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 sec .("CERCLA"); the Hazardous Materials Transportation Act, 49 U.S.C., Section 1801, et seq.; the Resource Conservation and Recovery Act, 42 U.S.C., Section 6901, et seq.; the Substances Control Act, 15 U.S.C., Section 2601, et seq.; the Clean Water Act, 33 U.S.C. Section 1251, et seq.; the California Hazardous Waste Control Act, Health and Safety Code Section 25100 et seq.; the California Hazardous Substance Account Act, Health and Safety Code Section 25330, et seq.; the California Safe Drinking Water and Toxic Enforcement Act, Health and Safety Code Section 25249.5, et seq.; California Health and Safety Code Section 25280, et seg. (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 seg. (Hazardous Materials Response Plans and Inventory); or the Porter-Cologne Water Quality Control Act, Water Code Section 13000, et seq., all as amended; (2) any other federal or state law or any local law regulating, relating to, or imposing liability or standards of conduct concerning any hazardous, toxic or dangerous waste, substance or material, as now is, or at any time hereafter may be, in effect; and (3) any rule or regulation adopted or promulgated under or pursuant to any of said laws. If Tenant receives any notice, whether oral or written, of any inquiry, test, investigation, enforcement proceeding, environmental audit or the like regarding any Hazardous Material 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. 8 65 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 Installations 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 Installation 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 13 above. SECTION 20. ASSIGNMENT OR SUBLETTING No portion of the Premises or of Tenant's interest in this Lease shall be transferred by way of assignment or other voluntary or involuntary transfer or encumbrance except as noted in Section 7 for uses by City of Moorpark based nonprofit organizations at no cost. No portion of the Premises or of Tenant's interest in this Lease shall be transferred by way of sublease without the prior written consent of the Agency Executive Director or his designee, which consent Tenant agrees may be withheld by the Agency Executive Director at his sole and absolute discretion. Sublease shall be limited to those uses directly related to business promotion, economic development and historic preservation. Any 9 66 sublease 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 thirty (30) days following such notice, then this Lease shall continue in full force and effect. If such default or breach is not remedied within thirty (30) days following such notice or if the nature of the default is such that it cannot reasonably be cured within thirty (30) days, if one party fails to commence to cure within the thirty (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. 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 10 67 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 this Lease. 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. 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 BENEFITED 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 installations, broom clean and in the same condition as received, except for ordinary wear and tear which Tenant was otherwise obligated to remedy under Section 13 above. Any Installations, which Tenant installs during occupancy in accordance with Section 12 of this Lease shall become the possession of the Agency. Tenant shall repair at Tenant's expense any damage to the Premises caused by the Tenant. 11 68 Any installations, improvements, or additions to the Premises prior to the execution of this Lease shall be deemed as part of the Premises and shall 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 thirty (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. 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. Tenant shall reimburse Agency for the cost and expense it incurred in the performance of Tenant's obligation within fifteen (15) days of Agency's request for payment. SECTION 30. NO RECORDATION Neither this Lease nor a memorandum thereof shall be recorded by Tenant. SECTION 31. ATTORNEYS' FEES In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of, any right or obligation pursuant to this Lease or as a result of any alleged breach of any provision of this Lease, or for an unlawful detainer action, the prevailing party shall be entitled to recover its costs and expenses, including 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: Moorpark Chamber of Commerce 18 High Street Moorpark, California 93021 12 69 Attn: Patrick Ellis, President& CEO 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. 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 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 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. 13 70 SECTION 38. 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. 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 Health and Safety Code 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. TENANT: By: Date: .2 Patrick Ellis, Moorpark Chamber of Commerce LESSOR: Redevelopment Agency of the City of Moorpark By: / Date: Steven Kueny, Executive Director ATTEST: �J pMEJyrc� By: � Deborah-&-T-ra#eRstedt-,Agency Seoretafy *ESTABLISHE Maureen Benson, Agency Secretary MARCH 18, 198 i 14 CT'OF 71 Exhibit A Insurance Requirements Tenant, at Tenant's expense, shall throughout the term of this Lease, maintain: Commercial Property Insurance covering the leased premises, fixtures, equipment, building, all property situated in, on, or constituting a part of the premises and any improvements. Coverage shall be at least as broad as the Insurance Services Offices broad causes of loss form CP 10 20, and approved of in writing by City. Coverage shall be sufficient to insure 100% of the replacement value and there shall be no coinsurance provisions. The policy shall include an inflation guard endorsement, 100% rents coverage, contents coverage, coverage for personal property of others, ordinance or law and increased cost of construction coverage. City shall be included as an insured and as loss payee on any such insurance. City shall not be liable for any business income or other consequential loss sustained by Lessee. City shall not be liable for any loss of Lessee's personal property even if such loss is caused by negligence of City, City's employees or agents. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less than $100,000 per accident. If Tenant owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Tenant or Tenant's employees will use personal autos, or autos rented from a Car Rental Agency, in any way on this project, Tenant shall provide evidence of personal auto liability for each such person. Commercial General Liability Insurance and Umbrella Liability Insurance (with drop down coverage applicable when underlying does not apply) that pays on behalf of the insured, provides defense in addition to limits, concurrent starting and ending dates for both primary and umbrella coverage, naming City as additional insured. Said coverage to encompass bodily injury and property damage during the policy period, personal injury and advertising injury caused by an offense during the policy period. Coverage will not exclude suits between insureds. Coverage and limits shall apply to the full extent of the policy with no limitations to vicarious liability for additional insureds and extending coverage to any location for operations or activities necessary or incidental to the operations of the leased premises. Coverage limits for primary and umbrella liability insurance combined to be no less than $1,000,000 per occurrence and $2,000,000 annually in the aggregate. This is the minimum requirement and is not considered as precluding City from availing itself of any additional coverage or limits available from Lessee. Coverage provided by Lessee is 15 72 intended to apply first on a primary non-contributing basis in relation to any insurance or self-insurance of City. City shall approve deductibles. Lessee agrees to waive rights of subrogation as to City and to have all policies of insurance required here endorsed to permit such waiver. All insurance provided pursuant to this requirement is to be provided by insurers admitted and authorized to do business in the state of California with minimum Best's rating of A:VII. The insurance coverage and limits required here shall not be construed as a limit of Lessee's liability. Rent shall not abate by any reason of damage to or destruction of the premises. Any rent insurance proceeds received by City by reason of such damage or destruction of leased premises shall be applied by City to the payment of rent, but this shall not relieve Lessee of any obligation under the lease including the obligation to pay rent. Proof of insurance using certificates of insurance and standard ISO endorsement No. CG 2010 with an edition prior to 1992 must be delivered to City no later than 30 days following execution of this Lease. If Lessee fails to comply, City has the right but not the duty to purchase such coverage and charge the premium to Lessee who must promptly pay said premium. Lessee agrees to be personally responsible for all losses not covered by insurance whether by reason of coverage being inapplicable or by Lessee's failure to obtain coverage. Workers' Compensation on a state-approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident or disease. 16 73 OP ID;FL CERTIFICATE OF LIABILITY INSURANCE °ATEt ;DIYYYY, 0911 N 3111 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S). AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the cortificato holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such ondorsemont(s). PRODUCER 805-553.0505 CON I.CI Dick Wardlow Insurance Brokers NA"It — - Lic.401399800 i C �t.11 FAX #W) 233 High Street n-LIAR s Moorpark,CA 93021 1 A DRESS Dick Wardlow-CPCU cusroMEH IU. MOORP-2 IISURERISI AFFORDING COVERAGE NAIL s INSURED Moorpark Chamber of Commerce INSIIHER A Sequoia Insurance Company 18 High St. Moorpark,CA 93021 I INSURER B n..ura 1<i i O'SURER U tiUNF.R E I INSUREN F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: _ IHIS IS TO CERTIFY TIIAT THE POLICIES OF INSURANCE USTFD BELOV.HAVE BFFN,SSUEO TO 111E INSURED NAMED ABOVE FOR THE POLICY PEk!UDm� INDICATED NO11,MTHSTANDING ANY REOUIRE-ME.N1 TERM OR CONDITION OE ANY CONTPACI Oft OTHER OOCUMFNT`MTH RESPECT TO L:IHICH tHIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFF-)RDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS I',XCLUSiUNS AND CCNDII IONS.)F$UCH POI ICIES I IMITS SHOIAN MAY i•A,JI :III N t.EULICED HY PAID CLAIMS HISR ADDL SUER POLICY EFF POLICY EXP LIR TYPE OF INSURANCL INSR WVD __POLICY p_u!.teEH _-t.!•d'DDrVYY� R•1LTDDIYYYYI LIMITS GENERAL LIABK ITY A X , X SBP217150-2 08/04111 08/04112 X 10,00 include 2.000.00 2,000.0 X , ;,• ` _ Hired/NOA s includec AUTOMOBILE LIABILITY . t UMBRELLA LIAR EXCESS L/AB C t:.�:•'!!•::! - , - - VJORKE RS COMPENSATION - AND EMPLOYERS'LIABILITY Y r N IMundalur)i rn NHI A Properly SBP217150.2 08/04/11 08/04112 BPP-RC 44,60 Sticclal DESCRIPTION OF OPERATIONS,LOCATIONS I VEIPCLES IAKsch ACCORD 101.AddA.ural Rcnwka Schedule,if awre>,a—iw rdiuucvtl Certificate Holder is Named as Additional Insuredllandlord as their interest may appear. 'Except that 10 days notice of cancellation applies for non-payment of premium. CERTIFICATE HOLDER _ CANCELLATION CITYOFM SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Moorpark THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN 799 Moorpark AVD. ACCORDANCE WITH THE POLICY PROVISIONS. Moorpark,CA 93021 AUTHOWEO REPRESENTATIVE /�✓r s 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009109) The ACORD name and lugu are registered marks of ACORD 74 Declaration Number: 0111 Ptic�• Number: 5iP217150-2 FfTective Date: pzio tl201 l %1uorprrk Chamber Of Commerce Ya„c 87 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - BY WRITTEN CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following BUSINESSOWNERS COVERAGE FORM The following is added to paragraph C.Who is an Insured in Section 11—Liability: 4. Who is an Insured is amended to include as an additional insured,any person or organization in a class described below,with whom you have agreed in writing in a contract or agreement that such person or organization is to be added as an additional insured on your policy. The inclusion as an additional insured is subject to the conditions shown in the descriptions of the applicable Additional Insured Gass. This insurance is Excess and Non-contributing with respects to any other insurance available to the Additional Insured. except that, if required to be primary or to be primary and contributing by a written contract or agreement,the Insurance provided under this endorsement shall be primary and contributing. As respects all the foregoing, the contract or agreement must: a. Have been executed and be in effect prior to the"bodily injury',"property damage",or"personal injury and advertising injury"to which this coverage applies. and b. Be in effect at the time of the"bodily injury”."property damage".or-personal injury and advertising injury" to which this coverage applies.occurred. The Additional Insured classes are: (1) Manager or Lessor of Premises A person or organization who is a manager or lessor of premises leased to you,but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to. (a) Any"occurrence"which takes place after you cease to be a tenant in that premises:or (b) Structural alterations, new construction or demolition operations performed by or on behalf of the additional insured (2) Lessor of Leased Equipment A person or organization who leases equipment to you,but only with respect to liability for"bodily injury"."property damage"or"personal and advertising injury"caused,in whole or in part, by your maintenance,operation or use of the equipment leased to you by such person or organization. With respect to the insurance afforded to this class of additional insureds,this insurance does not apply to any"occurrence"which takes place after the equipment lease expires. (3) Lessor of Land A person or organization who leases land to you but only with respect to liability arising out of the ownership, maintenance or use of that part of the land leased to you,and subject to the following additional exclusions: This insurance does not apply to: (a) Any'occurrence"which takes place after you cease to lease that land. (b) Structural alterations, new construction or demolition operations performed by or on behalf of the additional insured. (4) Mortgagee,Assignee,or Receiver A person or organization who holds the mortgage to premises you own,or their Assignee or Receiver, but only with respect to their liability as mortgagee.assignee,or receiver and arising out of the ownership, maintenance,or use of the premises by you. This insurance does not apply to structural alterations.new construction and demolition operations performed by or for the additional insured SEQ 61 70(03-07) Q Sequoia Insurance Company,2007 Page 1 of 3 75 Declaration Number: 001 , ElTecti►e Date: 08/04/2011 1 Moor, \umher: S[il 217150-2 �loarpark Chamber Of Commerce Page 38 (5) Vendor A person or organization who distributes or sells'your products". but only with respect to"bodily injury"or"property damage"arising out of"your products"which are distributed or sold in the regular course of the vendor's business,subject to the following additional exclusions: (a) The insurance afforded the vendor does not apply to: i "Bodily injury"or"property damage"for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement_ This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement: ii Any express warranty unauthorized by you. iii Any physical or chemical change in the product made intentionally by the vendor, iv Re-packaging.except when unpacked solely for the purpose of inspection,demonstration, testing,or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container: v Any failure to make such inspections,adjustments,tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products: vi Demonstration.installation, servicing or repair operations,except such operations performed at the vendor's premises in connection with the sale of the product: vii Products which,after distribution or sale by you.have been labeled or relabeled or used as a container,part or ingredient of any other thing or substance by or for the vendor.or viii "Bodily injury"or"property damage"arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However,this exclusion does not apply to: (i) The exceptions contained in Sub-paragraphs d.or f.;or (il) Such inspections,adjustments.tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business,in connection with the distribution or sale of the products. (b) This insurance does not apply to any insured person or organization.from whom you have acquired such products,or any ingredient. part or container, entering into, accompanying or containing such products. (c) This insurance does not apply to any product which has been excluded from coverage by endorsement, under this policy. (6) State or Political Subdivision A state or political subdivision from which you have obtained a permit,subject to the following provisions: (a) This insurance applies only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. (b) This insurance does not apply to: (i) "Bodily injury.""property damage"or"personal and advertising injury"arising out of operations performed for the state or municipality:or (ii) "Bodily injury"or"property damage"included within the"products-completed operations hazard" (7) Co-Owner of Insured Premises A person or organization who has an ownership interest in your premises,but only with respect to his, her or their liability as a co-owner of the premises. (8) Controlling Interest A person or organization with a controlling financial interest in your business, but only with respect to their liability arising out of: (a) Their financial control of you:or SEQ 61 70(03-07) 0 Sequoia Insurance Company,2007 Page 2 of 3 76 Declaration Number: U111 1'olicv Number' SBP217150-2 Effecti%e Date: 08/04/2011 Moorpark Chamber Of Commerce Page 89 (b) Premises they own,maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations. new construction and demolition operations performed by or for the additional insured. (9) Concessionaire A person or organization acting as a concessionaire, but only with respect to their liability as a concessionaire trading under your name. (10)Grantor of Franchise A person or organization who grants a franchise to you,but only with respect to their liability as grantor of a franchise to you. SEQ 61 70(03-07) (P Sequoia Insurance Company,2007 Page 3 of 3 77 LEASE AGREEMENT THIS LEASE AGREEMENT (hereinafter "Lease") is made and entered into as of this day of , 2012, by and between the Successor Agency to the 'Redevelopment Agency of the City of Moorpark, a municipal corporation, the-Lessor (hereinafter the "Successor Agency), and Tom Lindstrom RV Sales, Inc., a California corporation, (hereinafter the "Tenant). THE PARTIES AGREE THAT: SECTION 1. PROPERTY LEASED Successor 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 the Successor Agency, that certain real property known as 500 Los Angeles Avenue, Moorpark, California, (hereinafter referred to as the "Premises"). The Premises is a vacant lot consisting of approximately two (2) acres. SECTION 2. TERM The term of this Lease shall commence on the 1st day of April 2012, and all terms and conditions of the Lease shall continue for ninety (90) days. Successor Agency's obligations hereunder shall be contingent upon Tenant's payment in full of any obligations described in Section 5 below, and Tenant's complying with all other provisions set forth herein. SECTION 3. OPTION TO EXTEND Tenant has an option to extend the term of this Lease for an additional ninety (90) days. SECTION 4. 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 Successor Agency, Tenant shall continue to be 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 rate specified in Section 5 plus ten percent (10°x), hereof, or as may be adjusted pursuant to the Lease. - 1 - 78 SECTION 5. RENT Beginning on April 1, 2012, and continuing to June 30, 2012, Tenant shall pay Successor Agency, without abatement, deduction or offset, rent in the amount of two thousand dollars ($2,000.00) per month payable in advance on or before the first day of each month. Tenant shall be liable for Monthly Rent. A late rent charge equal to ten percent (10%) of the Monthly Rent shall be added to any payment of rent received five (5) 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 ten percent (10%) for each month thereafter that the late payment has not been paid. Tenant will pay the Successor Agency two thousand dollars ($2,000.00), as a security deposit. This security deposit shall not be considered as payment for rent for any month, including the last month of tenancy. SECTION 6. INDEMNIFICATION AND HOLD HARMLESS Tenant shall indemnify, defend with legal counsel approved by Successor Agency and hold harmless Successor 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, vendors, invitees, whether any such claim be made during tenancy or thereafter, except such loss, damage, injury or death caused by the sole negligence of Successor Agency or any of its officers, employees, servants, or agents. SECTION 7. NOTICE OF NON-ELIGIBILITY FOR RELOCATION BENEFITS Please read this notification carefully prior to signing this agreement and moving into the property. The Redevelopment Agency of the Successor Agency of Moorpark ("Agency") acquired the property located at 500 Los Angeles Avenue for redevelopment purposes and subsequently transferred it to the Successor Agency per ABx1 26. As a post-acquisition tenant, you will not be eligible for relocation benefits under the federal and state law. This notice is to inform you of the following information before you enter into any lease agreement and occupy a unit at the above address: 1. You may be displaced at the end of lease term. 2. You maybe subject to a rent increase upon lease renewal or option to extend the lease term. 3. You will not be entitled to any relocation benefits. - 2 - 79 If you have to move or your rent is increased, you will not be reimbursed for any such rent increase or for any costs or expenses incurred by you in connection with a move. Should state law change, Tenant agrees to waive any and all claims for relocation benefits. SECTION 8. USE Tenant shall use the Premises for recreational vehicle sales only; no servicing, dumping, storage, or sales of commercial vehicles shall be allowed. Tenant may take cars, light trucks, and other recreational vehicles for trade in purposes and may sell these items on the Premises. However, at no time may the inventory of vehicles for sale on the Premises exceed 10% cars and light trucks. The Premises shall not be used for any other purpose, except with the prior written consent of the Successor Agency, which Tenant agrees may be withheld by the Successor Agency at their sole and absolute discretion. SECTION 9. UTILITIES Tenant agrees to pay all monthly service charges for electric current, gas, sewer and trash removal, and any other utilities which may be furnished to or used upon the Premises by Tenant during this Lease. It is further agreed that in the event Tenant shall fail to pay the above mentioned charges when due, Successor Agency shall have the right to pay the same on demand, together with any interest thereon -and any other fees that may be owed. The Successor Agency shall be reimbursed by Tenant within five (5) days of notice from Successor Agency for the amount of payment plus any interest or fees, with an additional fifteen percent (15%) administrative fee. Failure to pay monthly service charges for any above-mentioned utility in a timely fashion shall be cause for termination of this Lease. SECTION 10. 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 Successor 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 their own cost and expense and shall pay any judgment and penalties which may be entered thereon. Should Tenant fail, neglect, or refuse to do so, Successor Agency shall have the rights to pay any amount required to release any lien or - 3 - 80 z 3 encumbrance or to defend any action brought thereon, and to pay any judgment or penalty, and Tenant shall be liable to Successor Agency for all costs, x damages, and attorneys' fees, and any amounts expended in defending any proceedings, or in the payment of any lien, encumbrance, judgment, or penalty. Successor Agency may post and maintain upon the Premises notices of non- 3 responsibility as provided by laws. Upon demand by Successor Agency, Tenant shall post the bond contemplated by Civil Code Section 3143. SECTION 11. INSTALLATION BY TENANT Tenant shall not make any alterations, additions, or improvements upon the Premises without the prior written consent of the Successor Agency. Any alterations, or additions or improvements installed or caused to be installed to the site, or any fencing, exterior lighting, or any other improvements on the Premises (collectively "Installations") shall be solely at Tenant's cost and is not reimbursable by the Successor Agency at any time, including at the time of termination of the Lease by either the Tenant or Successor Agency. All alterations, additions and improvements shall be temporary in nature and 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 Successor Agency, any alterations, additions and improvements shall remain on and be surrendered with the Premises upon the expiration or termination of this Lease. Tenant agrees to and shall indemnify, defend, and save Successor 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. 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 their part herein contained, this Lease and all rights hereby given shall, at the option of the Successor Agency, cease and terminate, and the Successor 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 Successor Agency upon demand, together with interest thereon at the maximum rate allowed by law from the date of expenditure by Successor Agency. Such action shall be preceded by 30 day written notice. SECTION 13. MAINTENANCE Tenant has examined the Premises and accepts it in its existing condition. Throughout the term of this Lease Tenant shall, at Tenant's sole cost and expense, maintain the Premises and all improvements thereon in good order, - 4 - 81 condition, and repair and in accordance with all applicable statutes, ordinances, rules, and regulations. Tenant shall immediately report any problems with the Premises to David C. Moe II, Property Manager, at (805) 517-6217. Successor Agency shall not be obligated to repair or maintain the Premises or improvements in any manner throughout the term of the Lease. Successor Agency may elect to perform any obligation of Tenant pursuant to this Section due to Tenant's failure or refusal to do so and at Tenant's waiver of any .rights or remedy for Tenant's default. Tenant shall reimburse Successor Agency for the cost and expense they incurred in the performance of Tenant's obligation within fifteen (15) days of Successor Agency's request for payment, plus any interest or fees, with an additional fifteen percent (15%) administrative. fee. Should Successor Agency perform any of the foregoing, such services shall be at the sole discretion of Successor Agency, and the performance of such services shall not be construed as an obligation or warranty by Successor Agency of the future or ongoing performance of such services. Failure to maintain.Premises as outlined herein shall be considered grounds for termination of this Lease. Tenant shall also indemnify, defend with legal counsel approved, by Successor Agency and hold harmless Successor 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 Lease shall survive the termination of the tenancy. 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. Such pesticides and herbicides shall be limited to those that are permitted for residential housing units. SECTION 15. HAZARDOUS MATERIALS INDEMNITY 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 _ 5 _ 82 Section 25330, et seq.; the California Safe Drinking Water and Toxic Enforcement Act, Health and Safety Code Section 25249.5 et seq.; California Health and Safety Code Section 25280, et seq. (Underground Storage of Hazardous Substances); the California Hazardous Waste Management Act, Health and Safety Code Section 25170.1, et seq.; California Health and 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 Jaw 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 Successor Agency with a copy of such notice. In no case shall Tenant cause or allow the deposit or disposal of any such substance on the Premises. However, household products necessary for routine cleaning and maintenance of the Premises may be kept on the Premises in quantities reasonable for current needs. The provisions of this Section shall survive the termination of the tenancy and shall relate back to all periods of Tenant's 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 Successor Agency from any liability pursuant to such law. SECTION 16. NO WARRANTIES BY SUCCESSOR AGENCY Except as contained in Section 11, the Premises are accepted by Tenant in an "as is" condition and without any representation or warranty•by Successor Agency as to the condition of the Premises or as to fitness of the Premises for Tenant's use. SECTION 17. CASUALTY INSURANCE Successor Agency shall not be obligated to keep the Premises and the improvements thereon insured against any insurable risk; nor shall Successor Agency insure Tenant for any personal injury or property damage. Tenant hereby and forever waives all right to claim or recover damages from Successor 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. - 6 - 83 SECTION-18. INSURANCE Tenant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit A attached to and part of this Agreement. The policy shall name Tenant as the insured and the Successor Agency to the Redevelopment Agency of the City of Moorpark as additional insured. SECTION 19. GOVERNING LAW Tenant agrees that in the exercise of their 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 20. ENTRY BY SUCCESSOR AGENCY During the tenancy, Successor Agency may enter the Premises upon not less than 24 hours advance notice and Tenant shall make the Premises available during normal business hours to the Successor Agency's authorized agent or representative for the .purpose of; (1) to show the premises to prospective or actual purchasers, mortgagee, tenants, workmen, or contractors, (2) to make necessary or agreed repairs, decorations, alterations, or improvements, and (3) at all reasonable times to examine the condition thereof, including its environmental condition. In an emergency, Successor Agency's agent or authorized representative may enter the premises at any time without securing prior permission from Tenant. SECTION 21. 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 Successor Agency. Such consent shall be at Successor Agency's sole discretion Any transfer without consent shall be void, and shall, at the option of the Successor Agency, terminate this Lease. SECTION 22. 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 thirty (30) days following such notice, then this Lease shall continue in full force and effect. If such default or breach is not - 7 - 84 remedied within thirty (30) days following such notice or if the nature of the default is such that it cannot reasonably be cured within thirty (30) days, if Tenant fail to commence to cure within the thirty (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 23. 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 Successor Agency may thereupon repossess said Premises and all rights of the Tenant thereupon shall cease and terminate. SECTION 24. 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 Successor Agency, they shall notify Successor Agency in writing, setting forth in full the circumstances in relation thereto. Upon receipt of said notice, Successor 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 or whatsoever kind or character incurred by Tenant by reason of such dispossession shall be chargeable against Successor Agency. SECTION 25. 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 remain 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 Successor Agency shall belong to the Successor Agency. - 8 - 85 SECTION 26. 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, I 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 Successor 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 Successor Agency. SECTION 27. 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 28. 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 29. CONDITION UPON TERMINATION Upon termination of the tenancy, Tenant shall surrender the Premises to Successor Agency including all improvements, clean and in good condition, except for ordinary_ wear and tear which Tenant was otherwise obligated to remedy under Section 12 above. Any installation which Tenant installs during occupancy with in accordance with Section 11 of this Lease, and has not removed at the termination of the Lease, shall become the possession of the Successor 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 shall be the possession of the Successor Agency. SECTION 30. TENANT'S FAILURE TO REMOVE PERSONAL PROPERTY Upon termination of the tenancy; Successor Agency may reenter and retake -9 - 86 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 thirty (30) day period, Successor Agency may dispose of any or all of such personal property in any manner that Successor Agency, in its sole and absolute discretion, deems appropriate. If any of Tenant's personal property remains on the Premises after the termination of the tenancy, Successor 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 Successor Agency having any liability whatsoever therefore. SECTION 31. NO RECORDATION Neither this Lease Agreement nor a memorandum thereof shall be recorded by Tenant. SECTION 32. ATTORNEYS' FEES In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of, any right or obligation pursuant to, this Lease or as a result of any alleged breach of any provision of this Lease, or for an unlawful detainer action, the prevailing party shall be entitled to recover its costs and expenses, including attorneys' fees, from the losing party, and any judgment or decree rendered in such a proceeding shall include an award thereof. SECTION 33. 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: Owner: Steven Kueny Successor Agency to the Redevelopment Agency of the City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 Tenant: Tom Lindstorm Tom Lindstrom RV Sales, Inc. 500 Los Angeles Avenue Moorpark, California 93021 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 - 10 - 87 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 34. 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 35. 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 36. 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 37. 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 Successor 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 38. 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 parry on the ground that the party prepared it or caused it to be prepared. i r I } - 11 - ( 88 i 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. TERMINATION This Lease shall automatically terminate on June 30, 2012, unless extended in accordance with Section 3 of this Lease. Should tenants business not thrive as anticipated, Tenant shall have the right to terminate this Lease within the original term and option period with a thirty (30) day notice. SECTION 41. REDEVELOPMENT DISSOLUTION LEGISLATION The parties acknowledge the recent enactment of ABx1 26, which provides for the dissolution of California redevelopment agencies. The parties understand that ABx1 26 purports to invalidate certain activities of redevelopment agencies extending back to January 1, 2011, including the transfer of assets to other public agencies. The parties further acknowledge that the Premises were transferred from the Redevelopment Agency of the City of Moorpark (Agency) to Successor Agency. Tenant hereby waives and releases Successor Agency from any and all claims arising from the enactment of ABx1 26 and any effect it may have on the validity of this Lease and holds Successor Agency harmless from any claims of successors, assigns, contractors, suppliers, or other agents of Tenant arising out from the enactment of ABx1 26 . IN WITNESS WHEREOF, the parties have caused this Lease to be executed by their duly authorized.representatives as of the date first written above. SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK TOM LINDST CES;rt By: Steven Kueny Tom Lind rom ATTEST: By: Maureen Benson, Seeeessor Agermcy Clerk C,4.y - 12 - *en. 89 EXHIBIT A Insurance Requirements Tenant will maintain insurance in conformance with the requirements set forth below. Tenant will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Tenant agrees to amend, supplement or endorse the existing coverage to do so. Tenant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to AGENCY in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to AGENCY. Tenant shall provide the following types and amounts of insurance: Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are_ subject to review but in no event less than $1,000,000 per occurrence and $2,000,000 in aggregate. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less than $1,000,000 per accident and $2,000,000 in aggregate. If Tenant owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Tenant or Tenant's employees will use personal autos in any way on this project, Tenant shall provide evidence of personal auto liability coverage for each such person. Pollution Liability Insurance shall be written on a Contractor's Pollution Liability form or other form acceptable to the City providing coverage for liability arising out of sudden, accidental and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 per claim and aggregate. Worker's Compensation on a state-approved policy form providing statutory benefits as required by law with employer's liability limits no less-than $1,000,000 per accident or disease. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the State of California and with an A.M. Bests rating of A- or better and a minimum financial size VII. General conditions pertaining to provision of insurance coverage by Tenant. Tenant and AGENCY agree to the following with respect to insurance provided by Tenant: r I 90 1. Tenant agrees. to have its insurer endorse the third party general liability coverage required herein to include as additional insureds AGENCY, its officials, employees, servants, agents, and independent consultants ("Agency indemnities"), using standard ISO endorsement No. CG 2011 with an edition prior to 1996. Tenant also agrees to require all contractors and subcontractors working on the Premise to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Tenant, or Tenant's agents, from waiving the right of subrogation prior to a loss. Tenant agrees to waive subrogation rights against AGENCY regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Tenant and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the AGENCY or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to AGENCY and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including, any exclusion for bodily injury to an employee of the insured or any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification, and additional requirements by the AGENCY, as the need arises. Tenant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect AGENCY'S protection without AGENCY'S prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Tenant's general liability policy, shall be delivered to AGENCY at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, AGENCY has the right, but nbt the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by AGENCY shall be charged to and promptly paid by Tenant or deducted from sums due Tenant, at AGENCY's option. 8. Certificates are to reflect that the insurer will provide 30 day notice to AGENCY of any cancellation of coverage. Tenant agrees to require its insurer to modify such 91 certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or.that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Tenant, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self insurance available to AGENCY. 10. Tenant agrees to ensure that subcontractors, and any other,party entering onto the Premises, provide the same minimum insurance coverage required of Tenant. Tenant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Tenant agrees that upon request, all agreements with subcontractors and other parties entering onto the Premises will be submitted to AGENCY for review. 11. Tenant agrees not to self-insure or to use any self-insured retention or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, or other entity or person entering onto the Premises to self-insure its obligations to AGENCY. If Tenant's existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the AGENCY. At that time the AGENCY shall review options with the Tenant, which may include reduction or elimination of the deductible of self-insured retention, substitution of other coverage, or other solutions. 12. For purposes of applying insurance coverage, only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be-in furtherance of or towards performance of this Agreement. 13. Tenant acknowledges and agrees that any actual or alleged failure on the part of the AGENCY to inform Tenant of non-compliance with any insurance requirement in no way imposes any additional obligations on AGENCY nor does it waive any rights hereunder in this or any other regard. 14. Tenant will renew the required coverage annually as long as AGENCY, or its employees or agents face'an exposure from operations of any type pursuant to this Agreement. This obligation applies whether or not the Agreement is canceled or terminated for any reason. Termination of this obligation is not effective until AGENCY executes a written statement to that effect. 92 15. Tenant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same'coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Tenant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement is required in these specifications applicable to the renewing or new coverage must be provided to AGENCY within five days of the expiration of the coverages. 16. The provisions of any workers' compensation or similar act will not limit the obligations of Tenant under this agreement. Tenant expressly agrees not to use any statutory immunity defenses under such laws with respect to AGENCY, its employees, officials, and agents. 17. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage.normally provided by any given policy. Specific reference to a give coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any parry of insured to be limiting or all- inclusive. 18. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 19. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 20. Tenant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge AGENCY or Tenant for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to the AGENCY. It is not the intent of AGENCY to reimburse any third party for the cost. of complying with these requirements. There shall be no recourse against AGENCY for payment of premiums or other amounts with respect thereto.. 21. Tenant agrees to provide immediate notice to AGENCY of any claim or loss against Tenant arising out of the lease of the Premises. AGENCY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims.if they are likely to involve AGENCY. 93 A`°R° CERTIFICATE OF LIABILITY INSURANCE DATE 2"012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY.AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CT Amanda Rolling Insurance West Corp. PHONE (805)579-1900 FA (805)579-1916 2450 Tapo Street akelling@insurancewest.con INSURER AFFORDING COVERAGE NAIL# Simi Valley CA 93063 INSURERAAcce tance Casualty Insurance INSURED INSURERB;TO a Insurance Company 8031 Tom Lindstrom RV, Inc. ItSURERC: 5939 Rainbow Hill Rd INSURER D: INSURER E: ,Agoura Hills CA 91301 1 INSURER F: COVERAGES CERTIFICATE NUMBER:All Lines 12-13 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IR - OF INSURANCE POLICY NUMBER M Y EFF WADD1YYYY1 LT TYPE LIMITS A GENERAL LIABILITY CGO0107159 /8/2012 /8/2013 EACH OCCURRENCE i 1,0_00,000 DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY a ceonence S 50,000 CLAIMS-MADE a OCCUR MED EXP(Any one person) E 2,500 PERSONAL&ADV INJURY S 1,000,000 GENERAL AGGREGATE S 1,000,100 GEML AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG $ X POLICY PRO- ; LOC S _-- AUTOMOBILE UABILJTY - I I 0mi Ea accident) ANY AUTO BODILY INJURY(Per person) S ALL OWNED F I SCHEDULED W AUTOS AUTOS BODILY INJURY(Per accident) $ NON-OWNED - - PROPERTY DAMAGE $ HIRED AUTOS AUTOS accident S B UMBRELLA LIAB X OCCUR r660267501 /8/2011 /8/2012 EACH OCCURRENCE $ 3,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 31000,000 DED RETENTION - $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE" NIA EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ If qqes describe wider _ ..-.. DESI;RIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional RernaHa Schedule,H more space is r"Wred) City of Moorpark, its officers, officials, employees & volunteers are included as additional insured as required by written contract or agreement, policy includes waiver of subrogation in favor of the certificate holder as per policy form. CERTIFICATE HOLDER CANCELLATION dmoe@ci.moorpark.ca.us SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City Of Moorpark ACCORDANCE WITH THE POLICY PROVISIONS. Attn: David Moe 799 Moorpark Avenue AUTHORIZED REPRESENTATIVE Moorpark, CA 93021 R Sulzinger/AMANDA ACORD 25(2010105) ©1988-2010 ACORD CORPORATION. All rights reserved. IN3025 oninam ni Tho Arnan namo=net Innn nro ronicfarorl mnr4c of a:non 94 POLICY NUMBER:CGO0107159 COMMERCIAL AUTO CA 25 0912 93. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OWNERS OF GARAGE PREMISES This endorsement modifies insurance provided under the following: GARAGE COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective 03/12/2012 Named Insured Countersigned By Tom Lindstrom RV Inc. (Authorized Representative) SCHEDULE Description of Premises Name of Person or Annual Organization Liability Premium 500 Los Angeles Avenue City of Moorpark,firs Officers, $included Moorpark,CA 93021 Officials,Employees&Volunteers (If no entry appears above,information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. .Under LIABILITY COVERAGE WHO IS AN B. The insurance afforded by this endorsement does INSURED is changed to include the person or not apply to: organization named in the Schedule, but only for 1. Any"accident'which occurs after you cease to liability arising out of the ownership, maintenance be a tenant in the premises. and use of that part of the described premises which is leased to you. 2. Structural alterations, new construction or demolition operations performed by or for the designated person or organization. CA 25 0912 93 Copyright,Insurance Services Office,Inc.,1993 Page 1 of 1 95 1 POLICY NUMBER:CGO0107159 COMMERCIAL GENERAL LIABILITY CG 24 0410 93 j THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY d I AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART i SCHEDULE Name of Person or Organization: City of Moorpark (If no entry appears above,information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV - COMMERCIAL GENERAL LIABILITY CONDITIONS)is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or"your work"done under a contract with that person or organization and included in the"products-completed operations hazard".This waiver applies only to the person or organization shown in the Schedule above. CG 24 0410 93 Copyright,Insurance Services Office, Inc., 1992 Page 1 of 1 96 ITEM 6.C. OVERSIGHT BOARD TO THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK AGENDA REPORT TO: Oversight Board to the Successor Agency FROM: Ron Ahlers, Finance Director DATE: July 9, 2012 (Oversight Board Meeting July 17, 2012) SUBJECT: Consider Recognized Obligation Payment Schedules (ROPS) for January 1, 2013 to June 30, 2013 SUMMARY AB 1484, signed by the Governor on June 27, 2012, requires that by September 1, 2012 the Successor Agency shall submit an Oversight Board approved Recognized Obligation Payment Schedule (ROPS) for January 1, 2013 to June 30, 2013. Therefore, staff is requesting the Oversight Board to consider the ROPS for January 1, 2013 to June 30, 2013. DISCUSSION This is the third ROPS the Oversight Board is being requested to approve. The time period is January 1, 2013 to June 30, 2013. AB 1484 requires this ROPS to be approved and submitted to the Department of Finance (DOF) and the State Controller's Office (SCO) by September 1, 2012. Additionally, AB 1484 requires this proposed ROPS be submitted to the County CEO, County Auditor-Controller and, DOF at the same time it is submitted to the Oversight Board [Health and Safety Code, section 34177(k)(2)(B)]. As a reminder, the ROPS is defined in the Health and Safety Code, section 34171(h): "Recognized Obligation Payment Schedule" means the document setting forth the minimum payment amounts and due dates of payments required by enforceable obligations for each six-month fiscal period as provided in subdivision (m) of Section 34177. 97 Oversight Board to the Successor Agency July 17, 2012 Page 2 An "enforceable obligation" is defined per the Health and Safety Code, section 34171(d)(1), an enforceable obligation means A. Bonds B. Loans C. Payments required by the federal government or the state D. Judgments or settlements E. Any legally binding and enforceable agreement or contract F. Contracts or agreements necessary for the administration or operation of the successor agency (i.e. employee pay and benefits, rent, insurance, office supplies, etc.) G. Amounts borrowed from, or payments owing to, the Low and Moderate Income Housing Fund Section 34177.3(b) states: Successor agencies may create enforceable obligations to conduct the work of winding down the redevelopment agency, including hiring staff, acquiring necessary professional administrative services and legal counsel, and procuring insurance. Changes from the prior ROPS On Form A, we removed the line item for Aszkenazy Disposition and Development Agreement. We moved the following items to Form C, the Administrative Budget: Legal Counsel, Property Maintenance, Record Oversight Board Meetings, Oversight Board Packets, and Oversight Board Legal Counsel. On Form B, we removed the Ruben Castro Human Services building contracts. The project shall be completed within a couple of months and all cash disbursements are anticipated to be completed prior to January 1, 2013. On Form D, there are no pass-through tax payments listed as these are the responsibility of the County Auditor-Controller and are disbursed by that office on January 2"d and July 1St each year. FISCAL IMPACT The Successor Agency is limited to spending resources as they are listed on the ROPS. 98 Oversight Board to the Successor Agency July 17, 2012 Page 3 STAFF RECOMMENDATION ROLL CALL VOTE 1. Approve the ROPS for January 1, 2013 to June 30, 2013, dated July 17, 2012. 2. Direct staff to transmit the approved ROPS, with the signature of the Chairperson, to the State of California (Department of Finance, State Controller's Office), Ventura County Auditor-Controller and post to the City's website, as per the legislation [Health and Safety Code, section 34177(k)(2)(C)]. Attachments: 1. ROPS for January 1, 2013 to June 30, 2013, dated July 17, 2012 99 RECOGNIZED OBLIGATION PAYMENT SCHEDULE - CONSOLIDATED FILED FOR THE January 1st to June 30th, 2013 PERIOD JULY 17, 2012 OVERSIGHT BOARD Name of Successor Agency CITY OF MOORPARK Current Total Outstanding Total Due Debt or Obligation During Fiscal Year Outstanding Debtor Obligation $ 50,352,447.00 $ 2,332,968.00 Total Due for Six Month Period Outstanding Debt or Obligation $ 2,201,968.00 Available Revenues other than anticipated funding from RPTTF $ Enforceable Obligations paid with RPTTF $ 2,076,968.00 Administrative Cost paid with RPTTF $ 125,000.00 Pass-through Payments paid with RPTTF $ - Administrative Allowance(greater of 5%of anticipated Funding from RPTTF or 250,000.Note:Calculation should not include pass-through payments made with RPTTF. The RPTTF Administrative Cost figure above should not exceed this Administrative Cost Allowance figure) $ 250,000.00 Certification of Oversight Board Chairperson: Pursuant to Section 34177(1) of the Health and Safety code, Bruce Hamous Chairperson I hereby certify that the above is a true and accurate Recognized Name Title Enforceable Payment Schedule for the above named agency. July 17, 2012 Signature Date r✓ 0 0 Name of Redevelopment Agency: REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK FORM A-Redevelopment Property Tax Trust Fund(RPTTF) Project Area(s) Moorpark Redevelopment Project (MRP) RECOGNIZED OBLIGATION PAYMENT SCHEDULE- JULY 17,2012 OVERSIGHT BOARD Per AS 26-Section 34177(') Payable from the Redevelopment Property Tax Trust Fund(RPTTF) Contract/Agreement Total Due During Payments by month Total Outstanding Fiscal Year Funding Project Name/Debt Obligation Execution Date Payee Description Pro act Area Debt or Obligation 2012-2013" Source Jan 2013 Feb 2013 Mar 2013 Apr 2013 May 2013 Jun 2013 Total 1 1999 Tax Allocation Bonds 05/01/1999 Bank of New York Bond Principal&Interest Payments MRP 6,030,082.00 771,100.00 RPTTF 95,550.00 675,550.00 $ 771,100.00 2 2001 Tax Allocation Bonds 12/1212001 Bank of New York Bond Principal&Interest Payments MRP 20,359,572.00 600,874.00 RPTTF 1 292,937.00 307,937.00 $ 600,874.00 3 2006 Tax Allocation Bonds 12/13/2006 Bank of New York Bond Principal&Interest Payments MRP 23,545,793.00 543,994.00 RPTTF 251,997.00 291,997.00 $ 543,994.00 4 Bond Trustee 05/01/1999 Bank of New York Trustee services MRP 10,000.00 10,000.00 RPTTF 10,000.00 $ 10,000.00 5 Bond Disclosures 04/12/2007 Urban Futures Bond Disclosure MRP 10,000.00 10,000.00 RPTTF 10,000.00 $ 10,000.00 6 Bond Arbitrage Calks 10/13/2009 BondLogistix Bond Arbitrage Calks MRP 10,000.00 10,000.00 RPTTF 10,000.00 $ 10,000.00 7 High Street Fueling Station TBD Removal of underground storage tanks MRP 125,000.00 125,000.00 RPTTF 125,000.00 $ 125,000.00 8 Property Maintenance Mike's Handy Man Service Property Maintenance MRP 12,000.00 12,000.00 RPTTF 1,000.00 1,000.00 1,000.00 1,000.00 1,000.00 1,000.00 $ 6,000.00 9). $ 10 $ 11 $ 12 $ 13 $ 14 $ 15 $ 16 $ 17 $ 18 $ 19 $ 20 $ 21 $ 22 $ 23 $ 24 $ 25 $ 26 $ 27 $ 28 $ 29 $ 30 $ 31 $ 32) $ Totals-ThisPage(RPTTFFunding) $ 50,102,447.00 $ 2,082,968.00 N/A $ 1,000.00 $ 126,000.00 !$!20,834.0](0),484. $ 1,000.00 $ 31,000.00 $1,276484.00 $ 2,076,966.00 Totals-Page 2(Other Funding) $ $ N/A $ $ $ $ $ $ Totals-Page 3(Administrative Cost Allowance) $ 250,000.00 $ 250,000.00 N/A $ 20 834.00 $ 20,834.00 $ 20,834.00 $ 20,834.00 $ 20,830.00 $ 125,000.00 Totals-Page 4(Pass Thru Payments) $ $ N/A $ $ $ is Is $ Grand total-All Pages $ 50,352,447.00 $ 2,332,968.00 $ 21,834.00 $ 146,834.00 $ 662,318.00 $ 21,83400 $ 51,834.00 1$1,297,314.00 $ 2,201,968.00 ' The Preliminary Draft Recognized Obligation Payment Schedule(ROPS)is to be completed by 311/2012 by the successor agency,and subsequently be approved by the oversight board before the final ROPS is submitted to the State Controller and State Department of Finance by April 15,2012. k is not a requirement that the Agreed Upon Procedures Audit be completed before submitting the final Oversight Approved ROPS to the State Controller and State Department of Finance. All totals due during fiscal year and payment amounts are projected. Funding sources from the successor agency: (For fiscal 2011-12 only,references to RPTTF could also mean tax increment allocated to the Agency prior to February 1,2012.) RPTTF-Redevelopment Property Tax Trust Fund Bonds-Bond proceeds Other-reserves,rents,interest earnings,etc LMIHF-Low and Moderate Income Housing Fund Admin-Successor Agency Administrative Allowance F- C> F--A Name of Redevelopment Agency REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK FORM B-All Revenue Sources Other Than Redevelopment Property Tax Trust Fund(RPTTF) Project Area(s) Moorpark Redevelopment Project (MRP) RECOGNIZED OBLIGATION PAYMENT SCHEDULE—JULY 17,2012 OVERSIGHT BOARD Per AB 26-Section 34177(') Payable from Other Revenue Sources Contract/Agreement Total Due During Funding payments by month Total Outstanding Fiscal Year Source Project Name/Debt Obligation Execution Date Payee Description Project Area Debt or Obligation 2012-2013" "' Jan 2013 Feb 2013 Mar 2013 Apr 2013 May 2013 Jun 2013 Total 1) NOT APPLICABLE $ - 2) $ 3) $ 4) $ 5) $ 6) $ 7) $ 8) $ 9) $ 10) $ 11) $ 12) $ 13) $ 14) $ 15) $ 16) $ 17) $ 18) $ 19) $ 20) $ 21) $ 22) $ 23) $ Totals-LMIHF $0.00 Totals-Bond Proceeds $ $ Bonds $ $ i$ Is $ $ Totals-Other $0.00 Grand total-This Page $ $ $ $ $ $ $ $ $ - FThe Preliminary Draft Recognized Obligation Payment Schedule(ROPS)is to be completed by 31112012 by the successor agency,and subsequently be approved by the oversight board before the final ROPS is submitted to the State Controller and State Department of Finance by April 15,2012. It is not a requirement thg the Agreed Upon Procedures Audit be completed before submitting the final Oversight Approved ROPS to the State Controller and State Department of Finance. "r,aI total due during fiscal year and payment amounts are projected. ••'Funding sources from the successor agency: (For fiscal 2011-12 only,references to RPTTF could also mean tax increment allocated to the Agency prior to February 1,2012.) RPTTF-Redevelopment Property Tax Trust Fund Bonds-Bond proceeds Other-reserves,rents,interest earnings,etc LMIHF-Low and Moderate Income Housing Fund Admin-Successor Agency Administrative Allowance Name of Redevelopment Agency: REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK FORM C-Administrative Cost Allowance Paid With Redevelopment Property Tax Trust Fund(RPTTF) Project Area(s) Moorpark Redevelopment Project(MRP) RECOGNIZED OBLIGATION PAYMENT SCHEDULE - JULY 17,2012 OVERSIGHT BOARD Per AB 26-Section 34177(`) Payable from the Administrative Allowance Allocation Total Due During Total Outstanding Fiscal Year Funding Payments by month Project Name/Debt Obligation Payee Description Project Area Debt or Obligation 2012-2013" Source" Jan 2013 Feb 2013 Mar 2013 Apr 2013 May 2013 Jun 2013 Total 1 Salary and Benefits Employees Salary and Benefits MRP 195,250.00 195,250.00 Admin 16,271.00 16,271.00 16,271.00 16,271.00 16,271.00 16,267.00 $ 97,622.00 2 Office Su lies varies Office Supplies MRP 1,000.00 1,000.00 Admin 83.00 83.00 83.00 83.00 83.00 83.00 $ 498.00 3 Publications/Subscription varies Publications/Subscription MRP 250.00 250.00 Admin 21.00 21.00 21.00 21.00 21.00 21.00 $ 126.00 4 Mileage Reimbursement Em to ees Mileage Reimbursement MRP 250.00 250.00 Admin 21.00 21.00 21.00 21.00 21.00 21.00 $ 126.00 5 Postage U.S.Postal Service/FedEx Postage MRP 250.00 250.00 Admin 21.00 21.00 21.00 21.00 21.00 21.00 $ 126.00 6 Printing PostNet and varies Printing MRP 250.00 250.00 Admin 21.00 21.00 21.00 21.00 21.00 21.00 $ 126.00 7),Adverbsing vanes Advertising MRP 250.00 250.00 Admin 21.00 21.00 21.00 21.00 21.00 21.00 $ 126.00 8 Contractual Services varies Contractual Services MRP 10,000.00 10,000.00 Admin 833.00 833.00 833.00 833.00 833.00 833.00 $ 4,998.00 9 Office Equipment Maintenance varies Office Equipment Maintenance MRP 500.00 500.00 Admin 42.00 42.00 42.00 42.00 42.00 42.00 $ 252.00 10 Legal Counsel Burke Williams Sorensen Legal Services MRP 12,000.00 12,000.00 Admin 1,000.00 1,000.00 1,000.00 1,000.00 1,000.00 1,000.00 $ 6,000.00 11 Record Oversight Board Meetings Reel Life Pictures Record Oversight Board Meetings MRP 12,000.00 12,000.00 Admin 1,000.00 1,000.00 1,000.00 1,000.00 1,000.00 1,000.00 $ 6,000.00 12 Oversight Board Packets PostNet Printing Oversight Committee packets MRP 6,000.00 6,000.00 Admin 500.00 500.00 500.00 500.00 500.00 500.00 $ 3,000.00 13 Oversi ht Board Legal Counsel TBD Legal Services for Oversight Board MRP 12,000.00 12,000.00 Admin 1,000.00 1,000.00 1,000.00 1,000.00 1,000.00 1,000.00 $ 6,000.00 14 $ 15 $ 16 $ 1 $$ 18 $ 19 $ 20 $ 21 $ 22 $ 23 $ 24 $ 25 $ 26 $ 27 $ 28 $ $ Totals-This Page $ 250,000.00 $ 250,000.00 $ 20,834.00 $ 20,834.00 $ 20,834.00 $ 20,834.00 $ 20,834.00 $ 20,830.00 $ 125,000.00 The Preliminary Draft Recognized Obligation Payment Schedule(ROPS)is to be completed by 3/1/2012 by the successor agency,and subsequently be approved by the oversight board before the final ROPS is submitted to the State Controller and State Department of Finance by April 15,2012. It is not a requirement that the Agreed Upon Procedures Audit be completed before submitting the final Oversight Approved ROPS to the State Controller and State Department of Finance. All total due during fiscal year and payment amounts are projected. -Funding sources from the successor agency: (For fiscal 2011-12 only,references to RPTTF could also mean tax increment allocated to the Agency prior to February 1,2012.) RPTTF-Redevelopment Property Tax Trust Fund Bonds-Bond proceeds Other-reserves,rents,interest earnings,etc t!#IHF-Low and Moderate Income Housing Fund Admin-Successor Agency Administrative Allowance f2-Administrative Cost Allowance caps are 5%of Form A 6-month totals in 2011-12 and 3%of Form A 6-month totals in 2012-13. The calculation should not factor in pass through payments paid for with RPTTF in Form D. Name of Redevelopment Agency REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK FORM D-Pass-Through Payments Project Area(s) Moorpark Redevelopment Project (MRP) RECOGNIZED OBLIGATION PAYMENT SCHEDULE – JULY 17,2012 OVERSIGHT BOARD Per AB 26-Section 34177(•) Pass Through and Other Payments'"" Total Due During Total Outstanding Fiscal Year Source of Payments by month Project Name/Debt Obligation Payee Description Project Area Debt or Obligation 2012-2013" Fund— Jan 2013 Feb 2013 Mar 2013 Apr 2013 May 2013 Jun 2013 Total 1 NOT APPLICABLE $ 2 $ 3 $ 4 $ 5 $ 6 $ 7 $ 8 $ 9 $ 10 $ 11 $ 12 $ 13 $ 14 $ - 15 $ $ - $ $ $ Totals-Other Obligations $ $ Is $ $ - $ $ $ - $ ' The Preliminary Draft Recognized Obligation Payment Schedule(ROPS)is to be completed by 3/1/2012 by the successor agency,and subsequently be approved by the oversight board before the final ROPS is submitted to the State Controller and State Department of Finance by April 15,2012. It is not a requirement that the Agreed Upon Procedures Audit be completed before submitting the final Oversight Approved ROPS to the State Controller and State Department of Finance. *' All total due during fiscal year and payment amounts are projected. Funding sources from the successor agency: (For fiscal 2011-12 only,references to RPTTF could also mean tax increment allocated to the Agency prior to February 1,2012.) RPTTF-Redevelopment Property Tax Trust Fund Bonds-Bond proceeds Other-reserves,rents,interest earnings,etc LMIHF-Low and Moderate Income Housing Fund Admin-Successor Agency Administrative Allowance -Only the January through June 2012 ROPS should include expenditures for pass-through payments. Starting with the July through December 2012 ROPS,per HSC section 34183(a)(1),the county auditor controller will make the required pass-through payments prior to transferring money into the successor agency's Redevelo ment Obligation Retirement Fund for items listed in an oversight board approved ROPS. N O rP ITEM 6.D. OVERSIGHT BOARD TO SUCCESSOR AGENCY AGENDA REPORT To: Oversight Board to Successor Agency From: David C. Moe II, Redevelopment ManagerV Date: July 2, 2012 (Meeting of 7/17/12) Subject: Consider Review of Potential Law Firms Identified for Oversight Board Legal Counsel BACKGROUND & DISCUSSION On May 15, 2012, the Oversight Board determined that there may be a need to seek legal services for the unwinding of the former Redevelopment Agency of the City of Moorpark and directed the Successor Agency to identify potential law firms to serve as legal counsel. Staff has conducted a search of law offices in the greater Los Angeles area that have knowledge of ABx1 26. Staff identified four law firms that have the desired knowledge of ABx1 26. Staff contacted each law firm asking if they would be interested in serving as legal counsel for the Oversight Board. Unfortunately, only one law firm was interested. Staff sent the law firm a list of the entities that are represented on the Oversight Board for review of their clients to determine if there are any conflicts of interest. STAFF RECOMMENDATION Direct staff to continue search for legal counsel and report back to Oversight Board in October, 2012. 105 ITEM 7.A. MINUTES OF THE OVERSIGHT BOARD TO THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY COUNCIL Moorpark, California June 19, 2012 A Special Meeting of the Oversight Board to the Successor Agency of the Redevelopment Agency of the City of Moorpark was held on June 19, 2012, in the Community Center of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Chairperson Hamous called the meeting to order at 3:35 p.m. 2. PLEDGE OF ALLEGIANCE: Hugh Riley, Assistant City Manager, led the Pledge of Allegiance. 3. ROLL CALL: Present: Board Members Burgh, Ingram, Kasper, Nicks, Parvin, Priestley, and Chairperson Hamous. Staff Present: Steven Kueny, Executive Director; Greg Murphy, Assistant City Attorney, Ron Ahlers, Finance Director; David Moe, Redevelopment Manager; and Maureen Benson, City Clerk. 4. PUBLIC COMMENT: None. 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. 6 PRESENTATION/ACTION/DISCUSSION: A. Consider Disposition of Former Redevelopment Agency Governmental Purpose Properties. Staff Recommendation: Direct the Successor Agency to transfer the properties identified as governmental purpose to the City of Moorpark as mentioned in the agenda report. Mr. Moe gave the staff report. Mr. Kueny stated staff is recommending the decision on the properties identified as 8.A. and 8.C. related to the Aszkenazy Disposition and 106 Minutes of the Oversight Board to the Successor Agency of the Redevelopment Agency of the City of Moorpark California Page 2 June 19, 2012 Development Agreement be deferred to a later date, allowing time for Mr. Aszkenazy to pursue finalization of the purchase of these properties. There were no speakers. MOTION: Board Member Parvin moved and Board Member Burgh seconded a motion to direct the Successor Agency to transfer the governmental purpose properties identified in the agenda report as 1. through 7, and 8.B. to the City of Moorpark, and to defer action on properties 8.A. and 8.C. The motion carried by unanimous voice vote. 7. CONSENT CALENDAR: MOTION: Board Member Parvin moved and Board Member Ingram seconded a motion to approve the Consent Calendar. The motion carried by unanimous voice vote. A. Consider the Minutes of the Regular Oversight Board Meeting of May 15, 2012. Staff Recommendation: Approve the minutes. B. Consider the Minutes of the Special Oversight Board Meeting of May 15, 2012. Staff Recommendation: Approve the minutes. C. Consider Report on Conflict of Interest Code for the Oversight Board to the Successor Agency of the Redevelopment Agency of the City of Moorpark. Staff Recommendation: Receive and file the agenda report. D. Consider Successor Agency to the Redevelopment Agency of the City of Moorpark Quarterly Investment Report. Staff Recommendation: Approve the Quarterly Investment Report. 8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: A. Announcements. None. B. Future Agenda Items. i. Other Lease Agreements. The following requests were made for future agenda items: • Cancellation of the August 21, 2012 regular meeting; • Economic Development properties; 107 Minutes of the Oversight Board to the Successor Agency of the Redevelopment Agency of the City of Moorpark California Page 3 June 19, 2012 • Update on other lease agreements; • Update on legal counsel proposals; and • Update on the Recognized Obligation Payment Schedule (BOPS) allowed/disallowed line items, subordination agreements, and bond payments. 9. ADJOURNMENT: Chairperson Hamous adjourned the meeting at 3:50 p.m. Bruce Hamous, Chairperson ATTEST: Maureen Benson, City Clerk 108 ITEM 7.13. OVERSIGHT BOARD TO THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK AGENDA REPORT TO: Oversight Board to the Successor Agency FROM: Ron Ahlers, Finance Director DATE: June 26, 2012 (Oversight Board Meeting July 17, 2012) SUBJECT: Consider Status Update to Recognized Obligation Payment Schedules (ROPS) for January 1, 2012 to June 30, 2012 and July 1, 2012 to December 31, 2012 SUMMARY The Oversight Board to the Successor Agency of the Redevelopment Agency of the City of Moorpark held a meeting on April 17, 2012. At that meeting the Oversight Board approved of the Recognized Obligation Payment Schedule (ROPS) for January 1, 2012 to June 30, 2012. The Oversight Board also approved of the ROPS for July 1, 2012 to December 31, 2012. Chairperson Hamous signed both ROPS. Subsequent to the meeting of April 17, 2012, staff discovered a few errors in the ROPS spreadsheets. The numbers on page 1 did not pull correctly from page 2 of the report. Some of the totals on Page 2 did not add correctly. Staff corrected the errors on the spreadsheets and submitted the original signed ROPS and the corrected versions to the State, along with a memo of explanation. The State Department of Finance (DOF) responded by rejecting both ROPS. Staff corrected the errors on both ROPS and submitted the revised ROPS to the Oversight Board. At the meeting of May 15, 2012 the Oversight Board approved of the revised ROPS for January 1, 2012 to June 30, 2012 (Attachment 1) and the ROPS for July 1, 2012 to December 31, 2012 (Attachment 2). Chairperson Hamous signed both ROPS. The Successor Agency submitted the ROPS to the State. The State responded by rejecting certain items on both ROPS (Attachment 3). By far, the most egregious denials of expenses were for the Ruben Castro Human Services Center. The City responded with a letter contesting the DOF's position (Attachment 4). 109 Oversight Board to the Successor Agency July 17, 2012 Page 2 DISCUSSION In early June 2012, the County of Ventura distributed the proceeds of the Redevelopment Property Tax Trust Fund (RPTTF) for Moorpark (Attachment 5). The distribution was as follows: County ABxl 26 Fee 2,070.03 County SB2557 Fee 63,914.08 City of Moorpark Pass-thru 91,799.30 County General Fund Pass-thru 1,420,992.35 County Library Pass-thru 106,898.94 County Fire Pass-thru 916,785.71 County Watershed Pass-thru 16,289.37 County Flood Control Pass-thru 84,246.54 sub-total County 2,545,212.91 Calleguas Water Pass-thru 18,512.94 MWD Pass-thru 4,769.56 County Office of Education Pass-thru 96,421.38 City of Moorpark ROPS 96,443.73 TOTAL $ 2,919,143.93 The Successor Agency has somewhat different calculations for some of the pass-thru payments. We are in conversation with the Auditor-Controller's office regarding the calculations of the pass through payments. The following did not receive any distribution from the RPTTF: Moorpark Vector Control Pass-thru 50,115.14 Moorpark Unified School District (MUSD) Pass-thru 175,954.20 Ventura Community College District Pass-thru 30,404.17 Ventura Community College District Pass-thru 153.67 City of Moorpark ROPS — remaining balance 2,634,609.27 T O T A I $ 2,891,236.45 110 Oversight Board to the Successor Agency July 17, 2012 Page 3 Subordination The following pass-through tax agreements contain a subordination clause: Moorpark Unified School District, Moorpark Mosquito Abatement District, and Ventura County Community College District. The subordinate agreement basically states that the first call on tax increment dollars is for the bond payments. The County did not distribute cash to the Successor Agency sufficient enough to make the bond payments for October 1, 2012. Therefore, until that occurs, the subordinated pass-through agreements will not be paid. An example of a subordination clause is found on page 9 of the Moorpark Unified School District agreement: Section 8. Subordination. The Agency's obligation to make payments to the School District pursuant to this Agreement shall not be deemed to be a first pledge of tax increment received by the Agency pursuant to Health and Safety Code Section 33670(h). the indebtedness of the Agency under this Agreement shall be subordinate to any pledge of Tax Increment by the Agency to bond or note holders or to the holder of any other instruments of Agency indebtedness; provided, however, that the Agency shall, prior to issuance of any such indebtedness, obtain and provide to the School District an opinion of an independent redevelopment or financial consultant that it is not reasonably foreseeable that such indebtedness would impair the Agency's obligations to the School District hereunder. Nothing in this Agreement shall be construed to give the School District the right to approve Agency indebtedness. Redevelopment Tax Allocation Bonds The former redevelopment agency had three bond issues outstanding. The BOPS listed these three payments for October 1, 2012 as: Principal Interest Total 1999 Bonds 550,000 108,956 658,956 2003 Bonds 20,000 293,382 313,382 2006 Bonds 35,000 252,631 287,631 TOTAL 605,000 654,969 $ 1,259,969 The Successor Agency received $96,444 in cash in early June 2012 for the ROPS. This is not sufficient to make the October 1, 2012 bond payment. However, the Successor Agency has enough cash in reserves to make the October 1, 2012 bond payment. 1 t.l Oversight Board to the Successor Agency July 17, 2012 Page 4 FISCAL IMPACT The Successor Agency is limited to spending resources as they are listed on the ROPS. STAFF RECOMMENDATION Receive and file report. Attachments: 1. ROPS for January 1, 2012 to June 30, 2012 2. ROPS for July 1, 2012 to December 31, 2012 3. State of California ROPS Approval Letter 4. City of Moorpark Memo Contesting DOF's Rejection of Certain ROPS Items 5. County of Ventura, Auditor Controller, Moorpark Redevelopment Property Tax Trust Fund (RPTTF) for June 1, 2012 112 RECOGNIZED OBLIGATION PAYMENT SCHEDULE - CONSOLIDATED FILED FOR THE January 1St to June 30th, 2012 PERIOD MAY 15, 2012 OVERSIGHT BOARD Name of Successor Agency CITY OF MOORPARK Current Total Outstanding Total Due Debt or Obligation During Fiscal Year Outstanding Debt or Obligation $ 147,930,689.00 $ 14,490,577.00 Total Due for Six Month Period Outstanding Debt or Obligation $ 10,564,991.00 Available Revenues other than anticipated funding from RPTTF $ 6,501,020.00 Enforceable Obligations paid with RPTTF $ 2,536,138.00 Administrative Cost paid with RPTTF $ 250,000.00 Pass-through Payments paid with RPTTF $ 1,277,833.00 „ Administrative Allowance(greater of 5%of anticipated Funding from RPTTF or 250,000.Note:Calculation should not include pass-through payments made with RPTTF. The RPTTF Administrative Cost figure above should not exceed this Administrative Cost Allowance figure) $ 250,000.00 a D Certification of Oversight Board Chairperson: Pursuant to Section 34177(1) of the Health and Safety code, Bruce mous Chairperson I hereby certify that the above is a true and accurate Recognized Na Title n Enforceable Payment Schedule for the above named agency. _ Qi!/I,C�Gt S May 16, 2012 Si nature Date 171 Z Li 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 p O O O O " ry 0 0 0 0 0 0 0 0 0 0 o'rnF'0008 8 °v 8 8 8 82288 tC 0 0 0 0 C 20 O H N H H w w H N N H N w H w H H N H H N N N H N N N H N E g g$H w g g g$g g g S g g v C ° C Nye a m � K H c a ssos °8.8 888 89 2 8888 829 8 8� �. � , a t a ° $ E °o °o n 8 0 u n °e 8 om LL w 2 ry c � � E c So$ g o°o° 8.t. cm m � aim 8 022, eo° a t = m y 0 o H« w a 8 eo S °e 8 gob!� " a S c c m ffi _ U 8 8 8 8 8 8888 8° N S 8 S ° m� o om � �Y ° n z a kkkGKGK k G KKk G kGkK gags a a a a a a a a a a a a s a Z z z z m LL 2 C C 6'K C K K K K K K R K C mix K a0 1 11 p p p p p p p p p p p p p m O S 0 8 0 0 0 O S 2 2 0 0 O o 0 8 0 8Y 8O 8 8 8 ° O Sn$m D S " O O O O 8 O S 8 8 o O o o - r mLLN �a 88meee 20 og8 a 8888$ 88581 51�$ 8a° e o.15 14 N L. 2�^8°0°08 8 v 880 0 om o8 S�0mooco 8 ° c�ig N m - o�co2im ° e a ff f f2¢C e� Efff f E f�F f f E o` . aW �O a u a 'cc a "° o E c o Q 0 E c2 a a = E E br L =` EP E a a"aa" — o f c e'ci m O E U m a E admm33U C a 0 c a c 2 ` E " o B a ° 0 o. n 3 = oa o � U 7 V Y y m j m H k O -0 T a _ LL 2H iZZ ZLL 81°3 f° `o y g U E m s - m M� aN mmm°mom F- >"o'u U rca° r= c E" < c D Q E z c O n '° a m LL LL O N O 0 o y U W o 0 E R' z W v V E Q E E o° E o o m _ "°ci_ SQV E d m=m mEU m i m v a a9 o'` v " _ " m 2cp c�pviva°o°cam o ` mm E`o co; c n a Z5 1 z a a m°a°om° .QO 3 SK 002 a` FF-f 1 Q: f mJ ry�r Name of Redevelopment Agency: REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK FORM B-All Revenue Sources Other Than Redevelopment Property Tax Trust Fund(RPTTF) Project Area(s) Moorpark Redevelopment Project(MRP) RECOGNIZED OBLIGATION PAYMENT SCHEDULE—MAY 15,2012 OVERSIGHT BOARD Per AS 28-Section 34177(•) Total Due During Funding Payable from Other Revenue Sources Project Area Total Outstanding Fiscal Year Source Contract/Agreement Debt or Obligation 2071-2012" ... Payments by month Project Name/Debt Obligation Execution Date Payee Description Jan 2012 Feb 2012 Mar 2012 Apr 2012 May 2012 P14.000.00 Total 1)Ruben Castro Human Services 03/21/2006 HMC Architects Architect MRP 182,000.00 164,000.00 Bonds 20,000.00 20,000.00 20,000.00 20,000.00 $ 80,000.00 Center 2)Ruben Castro Human Services 07/27/2011 RJR Engineering Civil Engineering MRP 23,000.00 23,000.00 Bonds - 3,333.00 3,333.00 3,334.00 3,400.00 $ 13,400.00 Center Ruben Castro Human Services 3)Center 02/23/2011 Jensen Design 8 Survey Survey Services MRP 41,300.00 41,300.00 Bonds 4,000.00 5,700.00 6,000.00 4,000.00 $ 79,700.00 Ruben Castro Human Services 4)Center 02/2512011 Vertical V-BTC Labs Soils 8 Steel Inspections MRP 178,000.00 178,000.00 Bonds 22,000.00 9,000.00 13,000.00 13,000.00 $ 71,000.00 Ruben Castro Human Services 5)Center 08/02/2008 Barnhart Balfour Beatty Construction Management MRP 908,152.00 744,400.00 Bonds 93,000.00 93,000.00 93,000.00 93,000.00 $ 372,000.00 6)Ruben Castro Human Services 06/02/2011 Ky Spangler Project Administration MRP 31,200.00 24,600.00 Bonds 2,500.00 2,600.00 2,600.00 2,600.00 2,800.(10 2,600.00 $ 15,500.00 Center Ruben Castro Human Services 7)Center 0 212 512 01 1 Darner Construction Grading(Construction) MRP 273,000.00 182,000.00 Bonds 45,500.00 45,500.00 45,500.00 45,500.00 S 182,000.00 6)Ruben Castro Human Services 0212512011 Precision Plumbing Underground Utilities MRP 905,000.00 665,100.00 Bonds 100,000.00 65,000.00 145,000.00 120,000.00 100,000.00 100,000.00 $ 650,000.00 Center 9)Ruben Castro Human Services 05104/2011 Santa Clarila Concrete Concrete/CMU(Construction) MRP 1,835,900.00 1,635,000.00 Bonds 300,000.00 300,000.00 300,000,00 218,000.00 $ 1,116,000.00 Center 10)Ruben Castro Human Services 03/25/2011 Sleelcon,Inc. Steel framing(Construction) MRP 827,000.00 827,900.00 Bonds 100,000.00 89,000.00 121,200.00 $ 310,200.00 Center 11)Ruben Castro Human Services 0310 712 01 1 Best Contracting Roofing&Sheet metal roofing MRP 435,600.00 251,300.00 Bonds 50,000.00 50,000.00 75,000.00 75,000.00 $ 250,000.00 Center 12)Ruben Castro Human Services 04/12/2011 Standard Drywall Drywall(Construction) MRP 2,130,000.00 1,395,400.00 Bonds 300,000.00 300,000.00 300,000.00 300,000.00 $ 1,200,000.00 Center 13)Ruben Castro Human Services 04112/2011 Environmental Heating HVAC(Construction) MRP 790,800.00 610,000.00 Bonds 90,500.00 90,500.00 90,500.00 90,500.00 $ 382,000.00 Center 14)Ruben Castro Human Services 03/25/2011 Taft Electdc Company Electric(Construction) MRP 926,000.00 633,700.00 Bonds 120,000.00 140,000.00 150,000.00 200,000.00 $ 610,000.00 Center 15)Ruben Castro Human Services 11/16/2011 John Fisher Public Art MRP 140,000.00 96,600.00 Bonds 21,000.00 21,000,00 21,000.00 21,000.00 $ 84,000.00 Center 16)Ruben Castro Human Services 05113/2011 Union Bank,NA FBO Retention for Roofing 8 Sheet me of Best Contracting Services Center -tal roofing MRP 48,400 25,130 Bonds 5,000.00 5,000.00 7,500.00 7,500.00 $ 25,000.00 17)Ruben Castro Human Services 0610912011 California Bank&Trust FSO of Standard Dry Wall-Retention for MRP 238,500 142,100 Bonds 30,000.00 30,000.00 30,000.00 30,000.00 $ 120,000.00 Center drywall 18)Ruben Castro Human Services 0411512011 Community West Bank FBO of Damar Construction-Retention for MRP 30,400.00 20,220.00 Bonds 5,055.00 5,055.00 5,055.00 5,055.00 $ 20,220.00 Center grading 19)Ruben Castro Human Services 03/29/2011 Reliable Floor Covering,Inc Flooring and ceramic flooring MRP 366,300.00 320,000.00 Bonds 70,000.00 70,000.00 80,000.00 100,000.00 $ 320,000.00 Center 20)Ruben Castro Human Services 04111/2011 Center Glass Company Glass&glazing MRP 217,600.00 195,000.00 Bonds 45,000.00 50,000.00 50,000.00 50,000.00 $ 195,000.00 Center 21)Ruben Castro Human Services 04112/2011 John Pence Building SpeUalles MRP 68,400.00 60,000.00 Bonds 10,000.00 20,000.00 20,000.00 10,000.00 $ 60,000.00 Center Specialties Inc. 22)Ruben Castro Human Services 03/3012011 FYR Landscaping,Inc. Landscape&irrigation MRP 125,600.00 110,000.00 Bonds 25,000.00 25,000.00 30,000.00 30,000.00 $ 110,000.00 Center 23)Ruben Castro Human Services 05/0212011 K&Z Cabinet Co,Inc Finish carpentry 8 casework MRP 164,500.00 150,000.00 Bonds 20,000.00 30,000.00 50,000.00 50,000.00 $ 150,000.00 Center 24)Ruben Castro Human Services Ventura County Air Pollution Permits MRP 1,000.00 1,000.00 Bonds 500.00 500.00 $ 1,000.00 Center Control Distract 25)Ruben Castro Human Services County of Ventura 8 other govt Permits and Fees MRP 120,000.00 120,000.00 i Bontls 20,000.00 20,000.00 20,000.00 20.000.00 20,000.00 20,000.00 $ 120,000.00 Center agencies Ul Name of Redevelopment Agency: REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK FORM B-All Revenue Sources Other Than Redevelopment Property Tax Trust Fund(RPTTF) Project Area(s) Moorpark Redevelopment Project(MRP) RECOGNIZED OBLIGATION PAYMENT SCHEDULE—MAY 18,2012 OVERSIGHT BOARD Per AB 26•Section 34177(•) Total Due During Funding Payable from Other Revenue Sources Contract/ Total Outstanding Agreemenl Project Area Debt or Obligation Faecal Year Source Payments by month TP.I. ame/Debl Obligation Execution Date Payee Description 2011-2012•' Jan 2012 Feb 2012 M1.484,489.00 Apr 2012 May 2012 Jun 2012 Total 26)Harvey Various Theater Season MRP 20,000.00 20,000.00 Other 7,000.00 10,000.00 f 20,000.00 27)The Music Man Various Theater Season MRP 17,000.00 17,000.00 Other 8,000.00 8,000.00 $ 17,000.00 28)One Act Plays Various Theater Season MRP 5,000.00 5,000.00 Other 2,000.00 1,500.00 $ 5,000.00 Totals-LMIHF Totals-Bond Proceeds f 11,003,852.00 f 9,015,750.00 Bonds f 1,331,888.00 f 1,315,188.00 S 1,585,255.00 f 365,600.00 f 378,800.00 f 6,459,020.00 Totals-Other S 42,000.00 f 42,000.00 Other S 15,000.00 S 18,000.00 $ f 11500.00 1$ $ 42,000.00 Grand total-ina Page $ 11,045,852.00 f 9,057,750.00 f - f 1,348,888.00 f 1,333,188.00 f 1,491,989.00 S 1,585,255.00 f 367,100.00 S 376,600.00 f 6,501,020.00 The Preliminary Draft Recognized Obligation Payment Schedule(ROPS)Is to be completed by 311/2012 by the successor agency,and subsequently be approved by the oversight board before the final ROPS Is submitted to the State Controller and State Department of Finance by April 15,2012.It Is not a requirement that the Agreed Upon Procedures Audit be completed before submitting the final Oversight Approved ROPS to the State Controller and State Department of Finance. ••All total due during flacal year and payment amounts are projected. •••Funding sources from the successor agency: (For fiscal 2011.12 only,references to RPTTF could also mean tax increment allocated to the Agency prior to February 1,2012.) RPTTF•Redevelopment Property Tax Trust Fund Bonds-Bond proceeds Other-reserves,rents,Interest earnings,ate. LMIHF-Low and Moderate Income Housing Fund Admin-Successor Agency Administrative Allowance N l--r Name of Redevelopment Agency: REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK FORM C-Administrative Cost Allowance Paid With Redevelopment Property Tax Trust Fund(RPTTF) Project Area(s) Moorpark Redevelopment Project(MRP) RECOGNIZED OBLIGATION PAYMENT SCHEDULE- MAY 15,2012 OVERSIGHT BOARD Per AB 26-Section 34177(•) Payable from the Administrative Allowance Allocation"" Total Due During Pro Pa menls b month Total Outstanding Fiscal Year Funding Project Name/Debt Obligation Payee Description Project Area Debt or Obtl ation 2011-2012^ Source•' Jan 2012 Feb 2012 Mar 2012 Apr 2012 May 2012 Jun 2012 Total 1 Salary and Benefits Employees Salary and Benefits MRP 238 670.00 238 670.00 Admin 39 778.00 39 778.00 38 778.00 39 778.00 39 778.00 39 780.00 $ 238,670.00 2 Office Supplies varies Office Supplies MRP 630.00 630.00 Admin 105.00 105.00 105.00 105.00 105.00 105.00 $ 630.00 3 Publications/Subscription varies Publications/Subscription MRP 40.00 40.00 Admin 7.00 7.00 7.00 7.00 7.00 5.00 $ 40.00 4 Mileage Reimbursement Employees Mileage Reimbursement MRP 80.00 80.00 Admin 13.00 13.00 13.00 13.00 13.00 15.00 $ 80.00 5 Poste a U.S.Postal Service I FedEx Postage MRP 80.00 80.00 Admin 13.00 13.00 13.00 13.00 13.00 15.00 $ 80.00 8 Printing PostNet and varies Printing MRP 80.00 80.00 Admin 13.00 13.00 13.00 13.00 13.00 15.00 $ 80.00 7 Advertising varies Advertising MRP 130.00 130.00 Admin 22.00 22.00 22.00 22.00 22.00 20.00 $ 130.00 8 Contractual Services varies Contractual Services MRP 10 000.00 10,000.00 Admin 1 667.00 1 687.00 1,667.00 1,667.00 1,667.00 1 865.00 $ 10 000.00 9 Office Equipment Maintenance varies Office Equipment Maintenance MRP 290.00 290.00 Admin 48.00 48.00 48.00 48.00 48.00 50.00 $ 290.00 10 $ 11 $ 12 $ 13 $ 14 $ 15 $ 18 $ 17 $ 16 $ 19 $ 20 $ 21 $ 22 $ 23 $ 2a $ 25 $ 2fi $ 27 $ 2e $ $ $ $ $ $ $ s E T a e $ 250,000.00 $ 250, 00.001 1$ 41,666.00 $ 41,666.00 $ 41,666.00 $ 41,666.00 $ 41,886.00 $ 41,670.00 $ 250,000.00 The Preliminary Draft Recognized Obligation Payment Schedule(ROPS)Is to be completed by 31112012 by the successor agency,and subsequently be approved by the oversight board before the final ROPE is submitted to the State Controller and State Department of Finance by April 15,2012. It Is not a requirement that the Agreed Upon Procedures Audit be completed before submitting the final Oversight Approved ROPS to the State Controller and State Department of Finance. All total due during fiscal year and payment amounts are projected. -Funding sources from the successor agency: (For fiscal 2011-12 only,references to RPTTF could also mean tax Increment allocated to the Agency prior to February 1,2012.) RPTTF-Redevelopment Properly Tax Trust Fund Bonds-Bond proceeds Other-reserves,rents,Interest earnings,etc. LMIHF-Low and Moderate Income Housing Fund Admin-Successor Agency Administrative Allowance •Administrative Cost Allowance caps are 5%of Form A 6-month totals In 2011.12 and 3%of Form A 6-month totals in 2012-13.The calculation should not factor in pass through payments paid for with RPTTF in Form D. I--r J Name of Redevelopment Agency REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK FORM D-Pass-Through Payments Project Ares(s) Moorpark Redevelopment Project(MRP) RECOGNIZED OBLIGATION PAYMENT SCHEDULE — MAY 15,2012 OVERSIGHT BOARD Per AS 26-Section 34177(•) Total Due During Pass Through and Other Payments•••• Total Outstanding Fiscal Year Source of Payments by month Debt or Obligation 2011 2012„ Fund"' Project Name/Debt Obligation Payee Description Project Area Jan 2012 Feb 2012 Mar 2012 Apr 2012 May 2012 Jun 2012 Total 1)Pass-Thru Agreement County of Venture Pass-Thru Agreement MRP 71,275,412.00 1,076,596.00 RPTTF 1,076,596.00 $ 1,076,596.00 2)Pass-Thru Agreement Ventura County pass-Thru Agreement MRP 1,961,173.00 29,623.00 RPTTF 29,623.00 $ 29,623.00 Community College District 3)Pass-Thru Agreement Ventura County Pass-Thru Agreement MRP 71,501.00 1,080.00 RPTTF 1,080.00 $ 1,080.00 Superintendent of Schools 4)Pass-Thru Agreement Moorpark Unified School pass-Thru Agreement MRP 11,290,104.00 170,534.00 RPTTF 170,534.00 $ 170,534.00 District 5) $ 6) $ 7) $ 8) $ 9) $ 10) $ 11) $ 12) $ 13) $ 14) $ 15) $ $ $ $ $ Totals-Other Obligations $ 84,598,190.00 $ 1,277,833.00 $ 29,623.00 $ - $ $ - E $ 1,248,210.00 E 1,277,833.00 The Preliminary Draft Recognized Obligation Payment Schedule(ROPE)is to be completed by 31112012 by the successor agency,and subsequently be approved by the oversight board before the final ROPS Is submitted to the State Controller and State Department of Finance by April 15,2012. It is not a requirement that the Agreed Upon Procedures Audit be completed before submitting the final Oversight Approved ROPS to the State Controller and State Department of Finance. All total due during fiscal year and payment amounts are projected. '•'Funding sources from the successor agency: (For fiscal 2011-12 only,references to RPTTF could also mean tax Increment allocated to the Agency prior to February 1,2012.) RPTTF-Redevelopment Property Tax Trust Fund Bonds-Bond proceeds Other-reserves,rents,Interest earnings,etc. LMIHF-Low and Moderate Income Housing Fund Admin-Successor Agency Administrative Allowance •Only the January through June 2012 ROPE should include expenditures for pass-through payments. Starting with the July through December 2012 ROPS,per HSC section 34183(a)(1),the county auditor controller will make the required pass-through payments prior to transferring money into the successor anency's Radevelopmen4 Obligation Retirement Fund for Items listed In an oversight board approved ROPE. _ I--°r F—' 00 RECOGNIZED OBLIGATION PAYMENT SCHEDULE - CONSOLIDATED FILED FOR THE July 1St to December 31St, 2012 PERIOD MAY 15, 2012 OVERSIGHT BOARD Name of Successor Agency CITY OF MOORPARK Current Total Outstanding Total Due Debt or Obligation During Fiscal Year Outstanding Debt or Obligation $ 57,232,999.00 $ 3,607,253.00 Total Due for Six Month Period Outstanding Debt or Obligation $ 3,431,653.00 : Available Revenues other than anticipated funding from RPTTF $ 700,600.00 Enforceable Obligations paid with RPTTF $ 2,606,053.00 Administrative Cost paid with RPTTF $ 125,000.00 Pass-through Payments paid with RPTTF $ - Administrative Allowance(greater of 5%of anticipated Funding from RPTTF or 250,000.Note:Calculation should not include pass-through payments made with RPTTF. The RPTTF Administrative Cost figure above should not exceed this Administrative Cost Allowance figure) $ 250,000 00 Certification of Oversight Board Chairperson: Pursuant to Section 34177(1) of the Health and Safety code, Bruce Hamous Chairperson 1 hereby certify that the above is a true and accurate Recognized Name Title (� Enforceable Payment Schedule for the above named agency. (/ _ ' C V".. S May 16, 2012 jaKature Date Z N I ~' i gaimOOOO$ goo$ atic x 0 0 0 CO, o N N m n m $N L m n Q r E ««««»«w w««»w w w w««w»»w w»»»w w««w w«»w»« ° S°0 0 o°o S o c o o 0 o 2 2 $ .8. r r O o 0 m N 0 f F Z m a ° o f 50� 0 0Q0°o gS$N o • c a n 25 o SS°m o° $gm 9 c • E a s 808. $ 8 888 ° 888N 8 e g99 o0 li S IS I - rc o $ $ °°o $ $o Nor •• N �U p» 8 O$$ O $$$ S O M� °N - L w««w w E J � a3 GGKkkCG kGkGCC aaaa wN O tc 888S8S8 SSS88 8 88$ °o cl��$oao°o 0000g o inmS Nt O'9� nmuni °Om �S�i °m t __ n o a° 2$ 8888 88988 S 888« 88 0c��80� o°g°° �m� d i S°e �o mE O`o �ocn �mN n'o 2a � aaaaan-a aaa a L em K C R K K K[C K K K K K K sLL �O c° o v: a o a°r u E •n E 16 a o �E5 E E C e n m • L 5 m m E c � o • • ca° =s m°w' 0 0 c°m o 0 u � m°m° 6 ° w e m S C e U o w w 25� o c N m w g t >>>> b L Nry iii i °03 Y Y S S r a E a s c 'm ca_Y m cc" SE R. o `o °`°�°°c w ° uQ3 r�vQS on ' ' ym€ �LL w m °w w o� �03 � °o '� we it @@ a O c aor Z u b 9°°'�i O a w =' .H v _ a°op�E m _ mm aoy"°n°u ° m ° IS °a'�Lao oEH c .'E o O$z Eo 999 m3_6¢ of °- am aEdape ° E aaa mum c m` 2 E o'L E aaa oy�g_c°rc� m Ti rrr r v wmo N ov ' z a` m S cv o A a-.112 2 1 K o O 1=1�-f�-f N a s : C� 12`/ Name of Redevelopment Agency: REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK FORM 13-All Revenue Sources Other Than Redevelopment Property Tax Trust Fund(RPTTF) Project Area(s) Moorpark Redevelopment Project(MRP) RECOGNIZED OBLIGATION PAYMENT SCHEDULE—MAY 16,2012 OVERSIGHT BOARD Per AS 26-Section 34177(•) Payable from Other Revenue Sources Total Due During Funding ConlracUAgreemenl Total Outstanding Fiscal Year Source Payments by month Project Name/Debt Obligation Execution Date Pe ea Description Project Area Debt or Obli alion 2012-2013^ Jul 2012 Aug 2012 Sep 2012 1 Oct 2012 Nov 2012 Dec 2012 Total Ruben Castro Human Services 1)Center 031212006 HMC Architects Architect MRP 182,000.00 5,400.00 Bonds 1,800.00 7,800.00 1,800.00 $ 5,400.00 Ruben Castro Human Services 2)Center 07272011 RJR Engineering Civil Engineering MRP 23,000.00 1,200.00 Bonds 500:00 500.00 200.00 $ 7,200.00 Ruben Castro Human Services 3)Center 02232011 Jensen Design 8 Survey Survey Services MRP 41,300.00 2,000.00 Bonds 8D0.00 800.00 400.00 S 2,000.00 Ruben Castro Human Services 4)Center 02252011 Vertical V-BTC Labe Soils 6 Steel Inspections MRP 178,000.00 9,1700.00 Bonds 3,600.00 3,800.00 1,800.00 $ 9,000.00 5)Ruhen Castro Human Services 06/0212008 Barnhart Balfour Beatty Construction Management MRP 908,152.00 136,200.00 Bonds 45,400.00 45,400.00 45,400.00 S 136,200.00 Center 6)Ruhen Castro Human Services 06/022011 Ky Spangler Project Administration MRP 31,200.00 15,600.00 Bonds 2,600.00 2,600.00 2,600.00 2,600.00 2,600.00 2,600.00 $ 15,600.00 Center Ruben Castro Human Services 7)Center 02/25DaConstruction 011 Darner Construction Grading Construction) MRP 273,000.00 41,100.00 Bonds 73,700.00 13,700.00 13,700.00 $ 41,100.00 Ruben Castro Human Services 8)Center 021252011 Precision Plumbing Underground Utilities MRP 805,000.00 135,900.00 Sonde 45,300.00 45,300.00 45,300.00 $ 135,900.00 9)Ruben Castro Human Services 05/042011 Santa Clarlla Concrete Concrete/CMU(ConsWction) MRP 1,835,900.00 275,400.00 Bonds 91,800.00 91,600.00 91,800-00 S 275,400.00 Center 10)Ruben Castro Human Services 04/12/2011 Environmental Heating HVAC(Construction) MRP 790,800.00 23,700.00 Bonds 7,900.00 7,900.00 7,900.00 $ 23,700.00 Center 11)Ruben Castro Human Services 031252011 Taft Electric Company Electric(Construction) MRP 926,000.00 27,900.00 Bonds 9,300.00 9,300.00 9,300.00 $ 27,900.00 Center 12)Ruben Castro Human Services 04/12/2011 John Pane Builtllnp Center Specialties Inc. Specialties MRP 66,400.00 3,300.00 Bonds 1,300.00 1,300.00 700.00 $ 3,300.00 13)Ruben Castro Human Services 03/302011 FYR Landscaping,Inc. Lanchicape&Irrigation MRP 125,60D.00 18,900.00 Bonds 6,300.00 6,300.00 6,300.00 $ 18,900.00 Center 14)Ruben Castro Human Services Center varies Dedication plaque,mornenlos,ceremony MRP 5,000.00 5,000.00 Bond. 5,000.00 S 5,000.00 15) S 16) $ 17) 3 18) 6 19) $ 20) $ 21) $ 22) $ 23) $ Totals-LMIHF SOHO Totals-Bond Proceeds $ 6,291,352.00 S 700 600.00 Bonds $ 230 300.00 $ 230 300.00 $232 200.00 $ 2.600.00 $ 2,600.00 $ 2,600.00 S 700 600.00 Totals-Other $0.00 Grand total-This Page S 6,291,352.00 $ 700,600.00 S 230,300.00 S 230,300.00 S 232,200.00 S 2,600.00 S 2,600.00 $ 2 600.00 S 700 600.00 The Preliminary Draft Recognized Obligation Payment Schedule(ROPS)Is to be completed by 31112012 by the successor agency,and subsequently be approved by the oversight board before the final POPS is submitted to the State Controller and State Department of Finance by April 76,2012.It Is not a inquirement Whirs Agreed Upon Procedures Audit be completed before submitting the final Oversight Approved ROPE to this State Controller and State Llepertment of Finance. ••All total due during fiscal year and payment amounts are projected. '••Funding sources from the successor agency:(For fiscal 2011-12 only,references to RPTTF could also mean fax Increment allocated to me Agency prior to Fepruary 1,2012.1 RPTTF•Redevelopment Property Tax Trust Fund Bonds•Bond proceeas Other•rssarves,rents,interest eamings,etc LMIHF-Low and Moderate Income Houain Fund Admits•SuccessorAaency Administrative Ahavvance (_s N Name of Redevelopment Agency: REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK FORM C-Administrative Cost Allowance Paid With Redevelopment Property Tax Trust Fund(RPTTF) Project Area(s) Moorpark Redevelopment Project(MRP) RECOGNIZED OBLIGATION PAYMENT SCHEDULE-MAY 15,2012 OVERSIGHT BOARD Per AB 26•Section 34177(') Payable from the Administrative Allowance Allocation"" Total Due During month Total Outstanding Fiscal Year Funding Pa mentsb Project Name/Debt Obligation Payee Description Project Area Debt or Obligation 2012-2013" Source" Jul 2012 Aug 2012 Sep 2012 Oct 2012 Nov 2012 Dec 2012 Total t Salary and Benefits Employees Salary and Benefits MRP 237,250.00 237 250.00 Admin 19,771.00 19 771.00 19 771.00 19 771.00 19 771.00 19,7e7.00 $ 118 622.00 2 Office Supplies varies Office Supplies MRP 1,000.00 1,000.00 Admin 83.00 83.00 83.00 83.00 83.00 83.00 $ 498.00 3 Publications/Subscription varies Publicatlons/Subscri tion MRP 250.00 250.00 Admin 21.00 21.00 21.00 21.00 21.00 21.00 $ 126.00 4 Miles a Reimbursement Employees Mileage Reimbursement MRP 250.00 250.00 Admin 21.00 21.00 21.00 21.00 21.00 21.00 $ 128.00 5)iPostagie U.S.Postal Service I FedEx Postage MRP 250.00 250.00 Admin 21.00 1 21.00 21.00 21.00 21.00 21.00 $ 126.00 8 Printino PostNet and varies Printing MRP 250.00 250.00 Admin 21.00 -21.00 21.00 21.00 21.00 21.00 $ 126.00 7)lAdvertisino varies Advertising MRP 250.00 250.00 Admin 21.00 21.00 21.00 21.00 21.00 21.00 $ 126.00 8 Contractual Services varies Contractual Services MRP 10 000.00 10,000.00 Admin 833.00 833.00 833.00 833.00 833.00 833.00 $ 4,998.00 9 Office Equipment Maintenance varies Office Equipment Maintenance MRP 500.00 500.00 Admin 42.00 42.00 42.00 42.00 42.00 42.00 $ 252.00 10 $ 11 $ 12 $ 13 $ 1a $ 15 $ 16 $ 17 $ 18 $ 19 $ 20 $ 21 $ 22 $ 23 $ 24 $ 25 $ 28 $ 27 $ 2e $ $ $ $ $ $ $ $ $ Totals-This Page $ 250,000.00 $ 250,000.00 IS 20,834.00 $ 20,834.00 1$ 20,834.00 1$ 20 834.00 $ 20,834.00 S 20,830.00 $ 125,000.00 The Preliminary Draft Recognized Obligation Payment Schedule(ROPS)is to be completed by 311/2012 by the successor agency,and subsequently be approved by the oversight board before the final ROPS Is submitted to the State Controller and State Department of Finance by April 15,2012. it is not a requirement that the Agreed Upon Procedures Audit be completed before submitting the final Oversight Approved ROPS to the State Controller and State Department of Finance. °All total due during fiscal year and payment amounts are projected. -Funding sources from the successor agency: (For Racal 2011.12 only,references to RPTTF could also mean tax Increment allocated to the Agency prior to February 1,2012.) RPTTF-Redevelopment Property Tax Trust Fund Bonds-Bond proceeds Other-reserves,rents,Interest earnings,etc LMIHF-Low and Moderate Income Housing Fund Admin-Successor Agency Administrative Allowance ""•Administrative Cost Allowance caps are 5%of Form A 6-month totals In 2011-12 and 3%of Form A 6-month totals In 2012-13.The calculation should not factor in pass through payments paid for with RPTTF In Form D. N N Name of Redevelopment Agency REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK FORM D-Pass-Through Payments Project Area(s) Moorpark Redevelopment Project(MRP) RECOGNIZED OBLIGATION PAYMENT SCHEDULE - MAY 15,2012 OVERSIGHT BOARD Per AB 26-Section 34177(') Pass Through and Other Payments— Total Due During Total Outstanding Fiscal Year Source of Payments by month Project Name/Debt Obligation Payee Description Project Area Debt or Obligation 2012-2013" Fund"' Jul 2012 Aug 2012 Sep 2012 Oct 2012 Nov 2012 Dec 2012 Total 1 NOT APPLICABLE $ 2 3 - 4 5 6 7 8 - s S - 10 $ 11 12) 13 14 15 $ $ $ $ $ $ $ $ S $ $ $ Totals-Other Obligations $ $ $ $ Is $ $ $ $ The Preliminary Draft Recognized Obligation Payment Schedule(ROPS)Is to be completed by 31112012 by the successor agency,and subsequently be approved by the oversight board before the final ROPS is submitted to the State Controller and State Department of Finance by April 15,2012. It Is not a requirement that the Agreed Upon Procedures Audit be completed before submitting the final Oversight Approved ROPS to the State Controller and State Department of Finance. All total due during fiscal year and payment amounts are projected. Funding sources from the successor agency: (For fiscal 2011-12 only,references to RPTTF could also mean tax increment allocated to the Agency prior to February 1,2012.) RPTTF-Redevelopment Property Tax Trust Fund Bonds-Bond proceeds Other-reserves,rents,interest earnings,etc LMIHF-Low and Moderate Income Housing Fund . Admin-Successor Agency Administrative Allowance -Only the January through June 2012 ROPS should include expenditures for pass-through payments. Starting with the July through December 2012 ROPS,per HSC section 34183(a)(1),the county auditor controller will make the required pass-through payments prior to tranaferrin money Into the successor agency's Redevelo ment Obligation Retirement Fund for items listed In an oversight board approved ROPS. F-� IV (a) N ATTACHMENT 3 — o �a �c DEPARTMENT OF EDMUND G. BROWN JR. - GOVERNOR FI N A N C E 91 5 1. STREET■ SACRAMENTO QA■95814-37116 ■WWW-OOr.CA.GOV May 27, 2012 David C. Moe 11, Redevelopment Manager City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Dear Mr. Moe: Subject: Recognized Obligation Payment Schedule Approval Letter Pursuant to Health and Safety Code (HSC) section 34177 (I) (2) (C), the City of Moorpark(City) Successor Agency submitted Recognized Obligation Payment Schedules (ROPS)to the California Department of Finance (Finance) on May 15, 2012 for the periods January to June 2012 and July to December 2012. Finance is assuming appropriate oversight board approval. Finance has completed its review of your ROPS, which may have included obtaining clarification for various items. HSC section 34171 (d) lists enforceable obligation (EO)characteristics. Based on a sample of line items reviewed and application of the law, the following do not qualify as EOs: January through June 2012 ROPS: • Page 1, item 8 totaling $500,000 is a cost estimate for a project and no contract has been executed. Page 1, item 13 totaling $1.4 million. The requirement to set aside 20 percent of Redevelopment Agency(RDA) tax increment for low and moderate income housing purposes ended with the passing of the redevelopment dissolution legislation. HSC section 34177 (d) requires that all unencumbered balances in the Low and Moderate Income Housing Fund be remitted to the county auditor controller for distribution to the taxing entities. • Page 1, item 17 totaling $5,000. HSC section 34163(b)prohibits an agency from entering into a contract with any entity after June 27, 2011. It is our understanding that the contract for the line item was executed after June 27, 2011. • Page 2, items 1 through 25 totaling $11 million are for contracts, permits and fees between the City and third parties. These items are obligations of the City and not the former RDA. • Administrative cost claimed exceeds allowance by$21,800. HSC section 34171 (b) limits fiscal year 2011-12 administrative expenses to five percent of property tax allocated to the successor agency or$250,000, whichever is greater. Five percent of the property tax allocated is $104,935; therefore, $21,800 of the 124 Mr. Moe May 27, 2012 —P-age-2---_- claimed $271,800 is being questioned. The following items are considered administrative costs: Page Item Administrative Cost Amount 1 7 Burke Williams Sorensen/legal counsel $15,000 1 14 Record Oversight Meetings 3,000 1 15 Printing Oversight Comm. Packets 1,800 1 16 High Street Art Center cleaning 2,000 4 1 Sala & Benefits 238,670 4 2 Office Supplies 630 4 3 Publications/subscriptions 40 4 4 Mileage Reimbursement 80 4 5 US Postal Service/FedEx 80 4 6 Printing 80 4 7 Advertising 130 4 8 Contractual services 10,000 4 9 Office Equipment Maintenance 290 Total $271,800 July through December 2012 ROPS: • Page 1, item 8 totaling $500,000 is a cost estimate for a project and no contract has been executed. • Page 1, item 10 totaling $10,000. HSC section 34163(b) prohibits an agency from entering into a contract with any entity after June 27, 2011. It is our understanding that the contract for this line item was executed after June 27, 2011. • Page 2, item 1 through 14 totaling$6.3 million are for contracts between the City and third parties. These items are obligations of the City and not the former RDA. Except for the preceding items disallowed in whole or in part as enforceable obligations, Finance is approving the remaining items listed in your ROPS for both periods. This is our determination with respect to any items funded from the Redevelopment Property Tax Trust Fund (RPTTF)for the June 1, 2012 property tax allocations. If your oversight board disagrees with our determination with respect to any items not funded with property tax, any future resolution of the disputed issue may be accommodated by amending the ROPS for the appropriate time period. Items not questioned during this review are subject to a subsequent review, if they are included on a future ROPS. If an item included on a future ROPS is not an enforceable obligation, Finance reserves the right to remove that item from the future ROPS, even if it was not removed from the preceding ROPS. Please refer to Exhibit 12 at http:/twww.dof.ca.gov/assembly bills 26-27/view.phy for the amount of RPTTF that was approved by Finance based on the schedule submitted. 125 Mr. Moe May 27, 2012 --- As you are aware the amount of available RPTTF is the same as the property tax increment that was available prior to ABx1 26. This amount is not and never was an unlimited funding source. Therefore as a practical matter,the ability to fund the items on the ROPS with property tax is limited to the amount of funding available in the RPTTF. Please direct inquiries to Evelyn Suess, Supervisor or Michael Barr, Lead Analyst at (916) 322-2985. Sincerely, , dt'ZY MARK HILL Program Budget Manager cc: Mr. Ron Ahlers, Finance Director/City Treasurer, City of Moorpark Ms. Sandra Bickford, Chief Deputy, Ventura County Auditor Controller's Office 126 ATTACHMENT 4 WC-I-TY o- F M-OORPA-RK orpark Avenue,Moorpark,California 93021 1 Phone(805)517-6200 1 Fax(805)532-2205 May 30, 2012 Mark Hill Program Budget Manager Department of Finance State of California 915 L Street Sacramento, CA 95814-3706 Dear Mr. Hill: The City of Moorpark (City) acting as the Successor Agency of the former Redevelopment Agency of the City of Moorpark has received the Department of Finance's (DOF) Recognized Obligation Payment Schedule (ROPS) approval letter dated May 27, 2012. The City is disappointed by the position taken by the DOF as to some of the items on the ROPS, particularly given the content of our phone conference on May 18, 2012, and after the City sent the DOF the supporting documentation to allow the apparently-disputed projects to remain on the ROPS. Generally, DOF's position as to various items is not supported by citations to legal authority in ABx1 26 and, we believe, is based on an erroneous interpretation of ABx1 26's statutory language and intent. More specifically, we present below individualized responses to your bullet-point list of disapproved items: • Page 1, item 8 totaling $500,000.00. DOF's comment: $500,000.00 is a cost estimate for a project and no contract has been executed. City's response: This item will be removed from the current ROPS but is based on a statutorily-valid "enforceable obligation" and so the City seeks confirmation from DOF that DOF agrees that this will be placed on a future ROPS once the developer performs under the executed Disposition and Development Agreement and the obligation is activated. JANICE S.PARVIN ROSEANN MIKOS,Ph.D. KEITH F.MILLHOUSE DAVID POLLOCK MARK VAN DAM Mayor Councilmember Councilmember Councilmember Councilmember 127 • Page 1, item 13 totaling $1.4 million. DOF's comment: The requirement to set aside 20 percent of the Redevelopment Agency (RDA) tax increment for low and moderate income housing purposes ended with the passing of the redevelopment dissolution legislation. HSC section 34177 (d) requires that all unencumbered balance in the Low and Moderate Income Housing Fund be remitted to the county auditor controller for distribution to the taxing entities. City's response: The City concurs with the DOF and will remove this item from the ROPS. However, should any pending litigation or legislation change the status of the low and moderate income housing fund, the City reserves its right to return these funds to future ROPS. • Page 1, item 17 totaling $5,000.00. DOF's comment: HSC section 34163 (b) prohibits an agency from entering into a contract with any entity after June 27, 2012. It is our understanding that the contract for the line item was executed after June 27, 2012. City's response: Successor agencies are required to maintain the assets of the former RDA per ABx1 26 section 34170 (d)1(f). Further, section 34177 (e) requires the successor agency to maximize the value of the asset. The City believes allowing the asset to become run down and blighted does not maximize the value and is not consistent with the intent of ABx1 26. We would appreciate DOF's response to this property maintenance argument, as it is clear that the Successor Agency must maintain property awaiting sale. • Page 2, item 1-25 totaling $11 million. DOF's comment: $11 million are for contracts, permits and fees between the City and a third parties. These items are obligations of the City and not the former RDA. City response: Pursuant to our conversation on May 18, and documentation sent to the DOF, the City of Moorpark had a longstanding working agreement with the former Redevelopment Agency of the City of Moorpark (Agency) to utilize Agency funds to help finance the Ruben Castro Human Services Center in a manner consistent with Section 33445 of the Health and Safety Code, which only allows a redevelopment agency to pay for public facilities "with the consent of the City after the City made certain findings, which findings are "final and conclusive" as a matter of law. The Agency issued bonds in 2006 specifically to assist with the financing of this project and the City of Moorpark made final and conclusive findings that the bond proceeds were required to complete the project. In addition, and wholly separate from the commitment of the funds to the project, on May 16, 2012, the City and the 128 Successor Agency entered into a contract pursuant to Health and Safety Code section 34178 (a) to specifically provide that the City could use the bond proceeds that had previously been committed to the project. This contract was approved by the Oversight Board to the Successor Agency on May 1-5, 2012, pursuant-to-section 34180 (h);-signifying the-Oversight-Board's agreement that the bond proceeds must be used in accordance with the bond documents as provided in 34177 (1). The City intends to follow the letter of the law per ABx1 26, as shown by our willingness to make changes to the ROPS consistent with a fair interpretation of the statutory language. We anticipate that the DOF will similarly follow the letter of ABx1 26 and not attempt to construe it in a way that would frustrate both its plain language and the clear legislative intent to allow bond proceeds to be used for the purposes for which the bonds were issued. • Administrative cost exceed allowance by$21,800.00. DOF's comment: items of page 1, item 7,14,15 and 16 are considered administrative expenses and need to be included in the administrative budget, which are in excess of the administrative allowance. City's response: The City will move item 14 and 15 to the administrative budget. Item 7 is the legal services provided to the Oversight Board. The City will remove item 7 from the ROPS, but reserves its right to include it at a later time if ABx1 26 is further clarified. DOF determination to remove the following items from the July through December 2012 ROPS: • Page 1, item 8 totaling $500,000.00. DOF's comment: $500,000.00 is a cost estimate for a project and no contract has been executed. City's response: This item will be removed from the current ROPS but is based on a statutorily-valid "enforceable obligation" and so the City seeks confirmation from DOF that DOF agrees that this will be placed on a future ROPS once the developer performs under the executed Disposition and Development Agreement and the obligation is activated. • Page 1, item 10 totaling $10,000.00. DOF's comment: HSC section 34163 (b) prohibits an agency from entering into a contract with any entity after June 27, 2012. It is our understanding that the contract for the line item was executed after June 27, 2012. 129 City's response: Successor agencies are required to maintain the assets of the former RDA per ABx1 26 section 34170 (d)1(f). Further, section 34177 (e) requires the successor agency to maximize the value of the asset. The City believes allowing the asset to become run down and blighted does not maximize th-e-value- and is not consistent with the intent -of ABxl 26. We would appreciate DOF's response to this property maintenance argument, as it is clear that the Successor Agency must maintain property awaiting sale. • Page 2, item 1-14 totaling $6.3 million. DOF's comment: $6.3 million are for contracts, permits and fees between the City and a third parties. These items are obligations of the City and not the former RDA. City response: Pursuant to our conversation on May 18, and documentation sent to the DOF, the City of Moorpark had a longstanding working agreement with the former Redevelopment Agency of the City of Moorpark (Agency) to utilize Agency funds to help finance the Ruben Castro Human Services Center in a manner consistent with Section 33445 of.the Health and Safety Code, which only allows a redevelopment agency to pay for public facilities "with the consent of the City after the City- made certain findings, which findings are "final and conclusive" as a matter of law. The Agency issued bonds in 2006 specifically to assist with the financing of this project and the City of Moorpark made final and conclusive findings that the bond proceeds were required to complete the project. In addition, and wholly separate from the commitment of the funds to the project, on May 16, 2012 the City and the Successor Agency entered into a contract pursuant to Health and Safety Code section 34178 (a) to specifically provide that the City could use the bond proceeds that had previously been committed to the project. This contract was approved by the Oversight Board to the Successor Agency on May 15, 2012 pursuant to section 34180 (h), signifying the Oversight Board's agreement that the bond proceeds must be used in accordance with the bond documents as provided in 34177 (1). The City intends to follow the letter of the law per ABx1 26, as shown by our willingness to make changes to the ROPS consistent with a fair interpretation of the statutory language. We anticipate that the DOF will similarly follow the letter of ABx1 26 and not attempt to construe it in a way that would frustrate both its plain language and the clear legislative intent to allow bond proceeds to be used for the purposes for which the bonds were issued.. An amended ROPS will be taken back to the Oversight Board for reconsideration and approval pursuant to section 34179 (h) so as to have the final ROPS be consistent with 130 what is actually paid to the Successor Agency by the County Auditor-Controller. The amended ROPS will be based on the City's comments above. If you have any questions, please contact me at 805-428-3655 or dmoe .ci:moorpark.ca.us. Sincerely, David C. Moe II Redevelopment Manager 131 COUNTY OF VENTURA AUDITOR-CONTROLLER MOORPARK REDEVELOPMENT PROPERTY TAX TRUST FUND(RPTTF)FOR JUNE 1,2012(allocation for the period July 1 through December 31,2012,including past due pass-through) Prepared by: Sandy Bickford DOF approval date: 05/27/2012 A/C distribution date: xxxxxx SECTION A SECTION B SECTION C Successor Agency Redevelopment Property Tax Trust Fund(RPTTF)Activity for Subordination of Pass-through to Bonds Distribution 8946/6690-Moorpark RDA RPTTF Beginning Balance Q,QQ DATE SUCCESSOR AGENCY NOTIFIED THE COUNTY THAT THE AGENCY HAS INSUFFICIENT FUNDS TO PAY ITS ENFORCEABLE OBLIGATIONS= NIA;none rec'd Deposits: Secured&Unsecured Property Tax Increment(including Sec HOPTR): TEST: SUBORDINATION OF PASS-THROUGH TO BONDS: 04/27/2012 010-02 Secured Apportionment 2,909,238.78 RPTTF Available Balance 2,919,143.94 Supplemental&Unitary Property Tax Increment(including Supp HOPTR) Less: ABx1 26 Admin Fee (2,070.03) 03126/2012 310-05 Supplemental Apportionment 9,905.16 Less: SB2557 Admin Fee 63( •914.081 Miscellaneous Revenues 0.00 Amount available to pay pass-through 2,853,159.83 Deposit totals 2.919.143.94 Less: Total Pass-through obligations (3,011343.28) Amount available to service bonds (160.183.451 RPTTF Available Balance 2.919:143.94 Bonds Payable: 1999 Tax Allocation Bonds 754,506.00 H&S Code 34183 Distributions 2001 Tax Allocation Bonds 606,319.00 ABx1 26 Administrative Fees to County Auditor-Controller(1 project/37 projects) 2,070.03 2006 Tax Allocation Bonds 539.628.00 SB2557 Administration Fees 63.914.08 Total Bonds obligation 1.900.45100 Admin Fees Total 65.984.11 Successor Agency did not notify Auditor-Controller of insufficient funds to pay obligations; GRAND therefore,only pass-through agreements with such clauses are subordinated to bonds. TOTAL DISTRIBUTION City Passthrough Payments 8095 City Passthrough Subordination 8095 City of Moorpark 91,799.30 8095 City of Moorpark 0.00 91,799.30 8095 Moorpark Vector Control-subordination agreement 50,11514 Moorpark Vector Control-subordination agreement (50,115.14) 0.00 County Pass-through Payments 4001 County Pass-through Subordination 4001 Prop 13 Maximum 1%Tax-County General Fund 1,420,992.35 4401 Prop 13 Maximum 1%Tax-County General Fund 0.00 1,420,992.35 4401 Ventura County Library 106,898.94 6001 Ventura County Library 0.00 106,898.94 6001 Ventura County Fire Protection 916,785.71 6100 Ventura County Fire Protection 0.00 916,785.71 6100 VC Watershed Protection Admin 16,289.37 6130 VC Watershed Protection Admin 0.00 16,289.37 6130 VC County Control Flood Zone#3 84,246.54 VC County Control Flood Zone#3 0.00 ' 84,246.54 Special District Passthrough Payments 8600 Special District Passthrough Subordination 8600 Calleguas Muni WV 18,512.94 8750 Calleguas Muni Wh 0.00 18,512.94 8750 Metropolitan WV 4,769.56 Metropolitan Wtr 0.00 4,769.56 K-12 School Passthrough Payments-Tax Portion(43.3%) 2021 K-12 School Passthrough-Tax Portion Subordination 2021 Unified Sch Gen Moorpark-subordination agreement 0.00 Unified Sch Gen Moorpark-subordination agreement 0.00 0.00 K-12 School Passthrough Payments-Facilities Portion(56.7%) 2021 K-12 School Passthrough- Facilities Portion Subordination 2021 Unified Sch Gen Moorpark-subordination agreement 175,954.20 Unified Sch Gen Moorpark-subordination agreement (175,954.20) (0.00) Community College Passthrough Payments-Tax Portion(47.5%) 2015 Community College Passthrough-Tax Portion Subordination 2015 VTA Com College Gen-subordination agreement 0.00 2019 VTA Com College Gen-subordination agreement 0.00 0.00 T 2019 VTA College Child CV-subordination agreement 0.00 VTA College Child CV-subordination agreement 0.00 0.00 Community College Passthrough Payments-Facilities Portion(52.5%) 2015 Community College Passthrough-Facilities Portion Subordination m 2015 VTA Com College Gen-subordination agreement 30,404.17 2019 VTA Com College Gen-subordination agreement (30,404.17) 0.00 2019 VTA Coiiege Child Ctr-subordination agreement 153.67 VTA College Child Ctr-subordination agreement (153.67) 0.00 W N) COUNTY OF VENTURA AUDITOR-CONTROLLER MOORPARK REDEVELOPMENT PROPERTY TAX TRUST FUND(RPTTF)FOR JUNE 1,2012(allocation for the period July 1 through December 31,2012,including past due pass-through) Prepared by: Sandy Bickford DOF approval date: 0512712012 AIC distribution date: xx)o= SECTION A SECTION 8 "W� SECTION C Successor Agency Redevelopment Property Tax Trust Fund(RPTTF)Activity for Subordination of Pass-through to Bonds ? 2' Distribution 8946/6690-Moorpark 0°�'. RDA 'Y" 4005 4005 County Office of Education-Tax Portion(190A) 0.00 County Office of Education-Tax Portion Subordination 0.004;, 0.00 4005 y 4005 County Office of Education-Facilities Portion(81%) 96,421.38 ;Subordi County Office of Education•Facilities Portion Subordination 0.00 v 96,421.38 Pass-through total 2.756.716.10 Crosstoot total' 2.756116.10 ROPS Enforceable Obl"ons Payable from Property Taxes as approved by DOF: P Total Enforceable Obligations claimed,all pages(adjusted for admin costs) 2,606,053.00 Less: Disallowances by the DOF for this distribution period(not total outstanding) 1;' Page 1,Item 8-Aszkenazy Disposition&Development Agreement(no contract) (500,000.00) Page 1,item 10-RA Atmore&Sons(contract after June 27,2011) (5,000.00) Total Allowable Enforceable Obligations Payable from Property Taxes as approved by DOF: 2,101,053.00 Successor Agency Administrative Cost Allowance per DOF 125,000.00 Less: SCO Invoices for Audit and Oversight 0.00 ROPS Enforceable Obligations Total as approved by DOF 3228.053.00 s H&S Code 34183 Distribution Totals(Admin Fees+Pass-through+ROPS) 5.305.380:39 Residual Balance(RPTTF balance minus Distribution Totals) r2.3Afi33fiAS1 '- Distribution totals(checks to be written): Negative Residual Distributions Residual Balance to City (50,115.14) Total Distribution to Taxing Entities ' 2,756,716.10 Residual Balance to County,Including dependent districts/departments 0.00 ;`S i;1 Distribution to Auditor-Controller for ABx1 26 Admin Fee"" 2,070.03 Residual Balance to Special Districts 0.00 ate+` Distribution to Auditor-Controller for SB2557 Admin Fee 63,914.08 Residual Balance to K-12 Schools (175,954.20) t Distribution to Successor Agency for Enforceable Obligations 96,443.73 Residual Balance to Community Colleges 30,557.84 Total Distribution from RPTTF account `2,919:143:94 Ending RPTTF Balance (2.129.609371 W W ITEM 7.C. OVERSIGHT BOARD TO THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK AGENDA REPORT TO: Honorable Board Members FROM: Maureen Benson, City Clerk ` -ol DATE: July 5, 2012 (CC Meeting of 7/18/12) SUBJECT: Consider Scheduling of a Summer Meeting Recess BACKGROUND AND DISCUSSION Staff is requesting the Oversight Board consider a summer recess for the Oversight Board regular meetings as discussed under Future Agenda Items at the special meeting of June 19, 2012. Staff is recommending cancellation of the August 21 meeting, providing an eight-week recess from the July 18 meeting to the next regularly scheduled meeting on September 18, 2012. Staff has indicated they can schedule agenda items around the summer recess. STAFF RECOMMENDATION Direct staff to post a notice of meeting cancellation for the August 21, 2012, regular Oversight Board meeting. 134