HomeMy WebLinkAboutAG RPTS 2012 0717 OB SPC NOTICE AND CALL OF A SPECIAL MEETING
OF THE OVERSIGHT BOARD FOR THE
SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY
OF THE CITY OF MOORPARK
NOTICE IS HEREBY GIVEN that a Special Meeting of the Oversight Board for the
Successor Agency of the Redevelopment Agency of the City Moorpark is hereby called to
be held on Tuesday, July 17, 2012, commencing at 3:30 p.m. Said meeting will convene in
the Moorpark Community Center located at 799 Moorpark Avenue, Moorpark, California.
Said Special Meeting shall be for the purpose of considering the following:
1. CALL TO ORDER:
2. PLEDGE OF ALLEGIANCE:
3. ROLL CALL:
4. PUBLIC COMMENT:
5. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
6. PRESENTATION/ACTION/DISCUSSION:
A. Consider Resolution Approving Disposition of Former Redevelopment
Agency Non-Housing Properties. Staff Recommendation: Adopt Resolution
No. 2012- forming 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 concurring 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.moorpark.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.
Special Meeting of the Oversight Board for the
Successor Agency of the Redevelopment Agency of the
City of Moorpark
July 17, 2012
Page 2
6. PRESENTATION/ACTION/DISCUSSION: (continued)
B. Consider Resolution Receiving and Filing the Current Leases of the
Redevelopment Agency. Staff Recommendation: Adopt Resolution No.
2012- . (Staff: David Moe)
C. Consider Resolution Adopting the Recognized Obligation Payment Schedule
(ROPS) for January 1, 2013 to June 30, 2013. Staff Recommendation:
Adopt Resolution No. 2012- ROLL CALL VOTE REQUIRED (Staff:
Ron Ahlers)
D. Consider Resolution Directing Continued Search for Potential Law Firms
Identified for Oversight Board Legal Counsel. Staff Recommendation:
Adopt Resolution No. . (Staff: Ron Ahlers)
7. CONSENT CALENDAR:
A. Consider Resolution Approving the Minutes of the Special Oversight Board
Meeting of June 19, 2012. Staff Recommendation: Adopt Resolution No.
2012- . (Staff: Maureen Benson)
B. Consider Resolution to Receive and File Report on the Status Update to the
Recognized Obligation Payment Schedules (BOPS) for January 1, 2012 to
June 30, 2012 and July 1, 2012 to December 31, 2012. Staff
Recommendation: Adopt Resolution No. 2012- . (Staff: Ron Ahlers)
C. Consider Resolution Scheduling a Summer Meeting Recess for August 21,
2012. Staff Recommendation: Adopt Resolution No. 2012- (Staff:
Maureen Benson)
8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
9. ADJOURNMENT:
Dated: July 16, 2012.
Maureen Benson, City Clerk
Special Meeting of the Oversight Board for the
Successor Agency of the Redevelopment Agency of the
City of Moorpark
July 17, 2012
Page 3
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 ll).
Special Meeting of the Oversight Board for 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 Special 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 16, 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 16, 2012.
Maureen Benson, City Clerk
OVERSIGHT BOARD TO SUCCESSOR AGENCY
OF THE REDEVELOPMENT AGENCY
OF THE CITY OF MOORPARK MEETING ITEM 6.A.
of 7-201A
ACTION: a�dl I&A0_ VU 12t 91A
Aa g2
BY:
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 Pun
Date: July 16, 2012 (Special Meeting of 7/17112)
Subject: Consider Resolution Approving 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
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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 staff's 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
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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
Adopt Resolution No. 2012 - forming 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 concurring 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
Attachment III: Resolution No. 2012 -
4
Attachment I
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Successor Age i
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NonmHousing Propefties
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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 7115 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
rn
Attachment III
RESOLUTION NO. 2012-
A RESOLUTION OF THE OVERSIGHT BOARD TO
SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY
OF THE CITY OF MOORPARK, CALIFORNIA, FOR THE
SPECIAL MEETING OF JULY 17, 2012, FORMING AN AD HOC
COMMITTEE OF THE OVERSIGHT BOARD TO WORK WITH
THE SUCCESSOR AGENCY TO DISCUSS THE SALE OR
DEVELOPMENT POTENTIAL OF EACH NON-HOUSING
PROPERTY AND REPORT BACK OCTOBER, 2012, AND
CONCUR WITH SUCCESSOR AGENCY'S INTENT TO ISSUE A
NOTICE OF DEFAULT TO ASZKENAZY DEVELOPMENT, INC.
WHEREAS, Section 34179 (e) of the Health and Safety Code requires all actions
taken by the Oversight Board of the Successor Agency of the City of Moorpark be
adopted by resolution.
NOW, THEREFORE, THE OVERSIGHT BOARD TO SUCCESSOR AGENCY
OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. An ad hoc committee is formed to work with the Successor Agency
to discuss the sale or redevelopment potential of each non-housing property and report
back in October, 2012.
SECTION 2. Concurs with the Successor Agency's intent to issue a notice of
default to Aszkenazy Development, Inc.
SECTION 3. The City Clerk shall certify to the adoption of this resolution and
shall cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 17th day of July, 2012.
Bruce Hamous, Chairperson
ATTEST:
Maureen Benson, City Clerk
7
OVERSIGHT BOARD TO SUCCESSOR AGENCY
OF THE REDEVELOPMENT AGENCY
OF THE CITY OF MOORPARK MEETING
of I-a,01A ITEM 6.13.
ACTION:
l?.l.+Ls,o,taL o" . LA.0 A01AZ oZ
BY:
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 �)L
Date: July 16, 2012 (Special Meeting of 7/17/12)
Subject: Consider Resolution Receiving and Filing the Current Leases of
Redevelopment Agency
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
8
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
Adopt Resolution No. 2012 - receiving and filing the current leases of the
Redevelopment Agency.
Attachment I: Lease Agreements
Attachment II: Resolution No. 2012 -
9
Attachment I
LEASE AGREEMENTS OF FORMER REDEVELOPMENT
AGENCY
10
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
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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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
12
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
LEASEOOS-05/12/94
1.3
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
14
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 (100) 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
15
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
16
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.
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17
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 seg. , 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.
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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
19
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
20
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 sea. ; the Resource Conservation and
Recovery Act, 42 U.S.C. , Section 6901 et sec . ; the Substances
Control Act, 15 U.S.C. , Section 2601, et seg. ; the.Clean Water
Act, 33 U.S.C. Section 1251, et g . ; 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 seq. ; the California Safe
Drinking Water and Toxic Enforcement Act, Health and Safety
Code Section 25249.5 et sea. ; California Health and Safety
Code Section 25280, et sea. (Underground Storage of Hazardous
Substances) ; The California Hazardous Waste Management Act,
Health and safety Code Section 25170.1, et seg. ; California
Health and Safety Code Section 25501, et sea, (Hazardous
Materials Response Plans and Inventory) ; or the Porter-Cologne
Water Quality Control Act, Water Code Section 13000, et sea. ,
all as amended, (2) any other federal or state law or any
local law regulating, relating to, or imposing liability or
standards of conduct concerning any hazardous, toxic or
dangerous waste, substance or material, as now is, or at any
time hereafter may be, in effect, and (3) any rule or
regulation adopted or promulgated under or pursuant to any of
said laws.
If Tenant receives any notice, whether oral or written, of any
inquiry, test, investigation, enforcement proceeding,
environmental audit or the like regarding any Hazardous
Material on the Premises, Tenant shall immediately serve
Agency with a copy of such notice.
The. provisions of this Section shall survive the termination
of the tenancy and shall relate back to all periods of
Tenant's previous possession of the Premises. The provisions
of this Section are intended to operate as an agreement
pursuant to Section 107(e) of CERCLA, 42 U.S.C. Section
9707(e) , and California Health and Safety Code Section 25364
to insure, protect, hold harmless and indemnify Agency from
any liability pursuant to such law.
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
21.
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 bf 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
22
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
23
I
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
24
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
25
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
26
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
27
feminine, and the singular number shall include the plural and
the plural number shall include the singular, wherever the
context so requires
SECTION 35. SECTION HEADINGS
Section headings in this Lease Agreement are for convenience
only, and they are not intended to be used in interpreting or
construing the terms, covenants and conditions of this Lease.
SECTION 36. INTEGRATION AND MODIFICATION
This Lease constitutes the entire agreement of the parties
concerning the subject matter hereof and all prior agreements
and understandings, oral or written, are hereby merged herein.
This Lease may not be modified or amended except; (1) in a
writing signed by all of the parties hereto; or (2) upon
expiration of thirty (30) days service in accordance with
Civil Code Section 1946, or any successor statute in effect on
the date the written notice is served, by Agency on Tenant of
a written notice setting forth the modification or amendment.
The parties agree that no estoppel argument can be raised
during legal proceedings in order to avoid the provisions of
this Section.
SECTION 37. TIME
Time is of the essence of this Lease.
SECTION 38. INTERPRETATION
Should interpretation of this Lease, or any portion thereof,
be necessary, it is deemed that the Lease was prepared by the
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
28
County, Californian 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: Date: ,7,�f -�/
Paul W. La on Jr. , airman
TENANT:
By: 1/G�J� v �L Date:
BenjaDHn Cano, owner
La Playita
ATTEST:
Date: 7
Lillian Hare, Agency Secretary
SGH016R1-04/25/94
16
29
EXHIBIT "A"
LEASE AREA MAP
AND
DESCRIPTION OF MAP
30
HIGH STREET
100'
127'
BLDG.2 23' LOT 4_ LOT 8•
CA-2
LOT 2 30' 67' GA—P '53' 26' 78'
BLDG.3
LOT 3 — I - — _ 155'
AC PVMT. 125' AC PVMT. 1b'
CA-3 20'
2s' CA-1
28'
- - - - - - - _ - - - LOTS LOT
VA LOT 6 23' GA-P VA
so'
127' 1
y m
m �T
J
O
N D
CiJ
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)
32
EXHIBIT "A"
LEASE AREA MAP
AND
DESCRIPTION OF MAP
33
HIGH STREET
}F---- -100' >i
Ile •127'
BLDG.2 23' LOT 4 1 LOT 8.
�/� CA-2
LOT 2 ' 67' GA-P 153 BLDG.325' 7
W 8'
cA
- - LOT - - - 1§5' - - - - - t
AC PVMT. 125' AC PVMT. 15'
CA-3 20'
25' CA-1
28'
- _ - - _ - - - - i LOTS LOT
VA LOT 6 23' GA-P VA
606
127' I
D
m
..
y
W
`A
FROM MY&Z PHONE 1.10. : 8056581198 Jul. 02 1998 05:30PM Pi
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.
l�
Initials
L
rii itca s '
35
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
36
TABLE OF CONTENTS
t5EQT�ION_ 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)
37
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
808016R3-04/16/94 l 1 1
38
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 LFASEQ
Agency, in consideration of the rents herein agreed to be paid
and of the indemnifications, covenants, and agreements agreed
to herein, herby 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-to-month.
The tenancy may be terminated, subject to Tenant's liabilities
and obligation hereunder, upon expiration of not less than 30
days written notice of the intent to terminate served by one
party on the other party in accordance with Civil Code Section
1946 or any successor statute in effect on the date the
written notice is served.
Agency's obligations hereunder shall be contingent upon
Tenant's payment in full of any obligations described in
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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
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40
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 INSUURANCE
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.
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
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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, ASOESSMENTS 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.
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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 "ea. , and the California
Community Redevelopment Law, Health and safety Code Section
33000 et sea. , 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 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.
SECTION 11. REME12IES
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
43
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 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, costa, 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
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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 HICIDES
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. HAZARDWS 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.
7
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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 1950, 42 U.S.C. Section 9601, et B=.
("CERCLA") ; the Hazardous Materials Transportation Act, 49
U.S.C. , Section 1801, j&t sea. ; the Resource Conservation and
Recovery Act, 42 U.S.C. , Section 6901 -fit seu. ; the Substances
Control Act, 15 U.S.C. , Section 2601, gt §_W. ; the Clean Water
Act, 33 U.S.C. Section 1251, " sgq. ; the California Hazardous
Waste Control Act, Health and Safety Code Section 25100, et
OW. ; the California Hazardous Substance Account Act, Health
and Safety Code Section 25330, et sea. ; the California Safe
Drinking Water and Toxic Enforcement Act, Health and Safety
Code Section 25249.5 gt sea. ; California Health and Safety
Code Section 25280, gt se M. (Underground Storage of Hazardous
Substances) ; The California Hazardous Waste Management Act,
Health and safety Code Section 25170.1, gt p=. ; California
Health and Safety Code Section 25501, gt sea, (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.
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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 personsi 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 WARWTIEi BY AGEN=
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. CASUALTX INSURANCE
Agency shall not be obligated to beep 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. GOVMMING 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.
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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. ASSIG]�E T 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 Luse.
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 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
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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 kind 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. If Tenant remains in possession,
all of the terms hereof shall continue in effect, the rental
payable being reduced proportionately for the balance of the
Lease term. If a taking under the power of eminent domain
occurs, those payments attributable to the leasehold interest
of the Tenant shall belong to the Tenant, and those payments
11
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attributable to the reversionary interest of the Agency shall
belong to the Agency.
SECTION 26. WAIV
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. ACOUIESCANCE
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. RARTIE-5 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 'GERMINATION
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
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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 EA LUR 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 REgORDATION
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 reasonable attorneys' fees, from
the losing party, and any judgment or decree rendered in such
a proceeding shall include an award thereof.
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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
force and effect to the full extent allowed by Yaw.
SECTION 35. GENDER AND WMB ER
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
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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 NODIFICATION
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. TM
Time is of the essence of this Lease.
SECTION 39. 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 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
term, covenant or condition herein shall be filed in the
applicable court in Ventura County, California.
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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- 1--2
Paul W. La son Jr. , #airman
TENANT:
By: Date: —!
Anna tell Sessler, President
ATTEST:
By. Date: `y
Lillian Hare, Agency Secretary
SGH016R1-04/25/94
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EXHIBIT "A"
LEASE AREA MAP
AND
DESCRIPTION OF MAP
55
HIGH STREET
32' 1 20' I I
I I i
- ---- -.- ---- I- 33, BLDG.6A 6B '34' 130' GRASS I I
I LOT 12 CA-6, I i
I CA-4 33' ---a
75' DIRT ; �.�, 103 'E'��lI ' ACPVMT.
LOT 10 i LOT 11 TO BE ADDED i 125' LOT 13 i 125'
I
/ I CA- im I
DOCK � CONCRETE
8(Y
I I m m
BLDG.5 j DIRT CONCRETE
I I ---
I AC PVMT.
- ---I-96' 31'- -- ------1
125' 110'
i
D X
m =
D
N '
Ln
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)
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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
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LEASE AGREEMENT
THIS LEASE AGREEMENT, (hereinafter"Lease") is made and entered into as of
this /'`%dgt of Swk4x ,•, 2011, by and between the Redevelopment Agency of the
City of Moorpa kr 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.
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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.
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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;
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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
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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
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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 seg., 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.
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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
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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 seg.; the Clean Water Act, 33 U.S.C. Section 1251, et sue.; the
California Hazardous Waste Control Act, Health and Safety Code Section 25100
et seq.; the California Hazardous Substance Account Act, Health and Safety
Code Section 25330, et seq.; the California Safe Drinking Water and Toxic
Enforcement Act, Health and Safety Code Section 25249.5, et seq.; California
Health and Safety Code Section 25280, et seq. (Underground Storage of
Hazardous Substances); the California Hazardous Waste Management Act,
Health and Safety Code Section 25170.1, et seg.; 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.
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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
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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
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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.
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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
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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.
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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: -oZD
Patrick Ellis, Moorpark Chamber of Commerce
LESSOR:
Redevelopment Agency of the City of Moorpark
By: / Date: Yll 9 /
Steven Kueny, Executive Director
ATTEST: �J�ppMEryt�c�
By:
Gebora b�-T-raffeastedt�Agency
Maureen Benson, Agency Secretary *ESTABLISHE
MARC 18, 1987
14 c�0F
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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 CID 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
73
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 $1,000,000 per accident or
disease.
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74
OP ID:FL
A�ORO CERTIFICATE OF LIABILITY INSURANCE OATEi 3tlYYYY)
09H 11 3111
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to
the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsomont(s).
PRODUCER 805-553.0505 CA 4,
Dick Wardlow Insurance Brokers PHONE FAX -
Lic.#0099800 IA C Nu t.11 IAfC.Nu}
233 High Street E.MAIt s
Moorpark,CA 93021 I PRODUCER
Dick Wardlow,CPCU cusroraEN ID a MOORP-2
INSURERISI AFFORDING COVERAGE NAIL
INSURED Moorpark Chamber of Commerce INSURER A Sequoia Insurance Company
18 High St.
Moorpark,CA 93021 I INSURER B
Ir,,u131 N C
R,$URI u
SU4ER E
INSl1KFK F
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
[HIS IS TO CERTIFY TIVT THE POLICIES OF INSURANCE LJSIFD BELOV. HAVE BFFN ISSUED TO 111E INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED NO11h9TItSTANDING ANY REOUIRL•MENt TERM OR CONDIUON OF ANY CONTRACI OF?OTHER DOCUMFNT`MTH RESPECT TO%:MICH THIS
CFRTIFICATE tedY BE ISSUED OR MAY PERTAIN THE INSURANCE AFf)RDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS
LXL LUSIUN),ANJ CON0111ONS 0I'SUCH IIOI ICIES ',0011%SHOO.-N MAY I•Alit :!I E N Rt-DLJCED HY PAID CLAIMS
INs" ADDL SUBR POLICY EFF POLICY EXP
LTR TYPE OF INSURANCE INSR 4YYDI'OLICrrIV_TUtN _L!•./'oDIYYYYL fI.gMDD1YYYYl LIMITS
GENERAL LIABILITY - ;i::;r•,; 1,000.00
A X - rn •= X SBP217150-2 08/04111 08/04112
1,000,00
X `. 10,00
>,.. include
2.000.00
% r'. 2,000.0
X I J;;• `"=' _ Hired/NOA s ---includeHN
AUTOMOBILE LIABILITY .....
c
UMURELLA LIAU
EXCESS LIAR
_1.41
WORKERS COMPENSATION
AND EMPLOYERS'LIABILITY Y:N .!R
(Nana,wry
A Properly SOP217150.2 ---- 08/04/11 08/04/12 BPP-RC /4,80
Sucwal
DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEIdCLES IARacN ACORO 101.Adunwn.l RenylLa Scheduro.rt inure+Pxe Is ralulredl
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 Ave.
ACCORDANCE WITH THE POLICY PROVISIONS.
Moorpark,CA 93021
AUTItOWED REPRESENTATIVE
QjL/L�-A�
'f:1988-2009 ACORD CORPORATION. All rights reserved.
ACORD 25(2009109) The ACORD name and lugo are registered marks of ACORD
75
Decluration Number: OOI Po is}' Number: SBP2171a0-2
Effective Date: ON/04/2011
%tuorpark Chamber OfCommcrcc
X7
h
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 II—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 apples.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 lakes 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
76
Declaration Number: 1101
1
u8/04/201 I oticv \umber: 5131217150-2
EITecti%c Date: Moorpark Chamber Of Commerce
Page `8
(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
(ii) 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) Sequoia Insurance Company,2007 Page 2 of 3
77
Declaration Number- O01 Po1icv ?Number: SBP217150-2
Effecti-te Date: 08/04/2011
Moor*
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
78
LEASE AGREEMENT
THIS LEASE AGREEMENT (hereinafter "Lease") is made and entered into as of this
q4'h day of &rt.41 , 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%), hereof, or as may be
adjusted pursuant to the Lease.
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79
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 may be 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.
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80
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
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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,
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-
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,
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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 11, 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
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Section 25330, et seq.; the California Safe Drinking Water and Toxic
Enforcement Act, Health and Safety Code Section 25249.5 et seq.; California
Health and Safety Code Section 25280, et seq. (Underground Storage of
Hazardous Substances); the California Hazardous Waste Management Act,
Health and Safety Code Section 25170.1, et seq.; California Health and Safety
Code Section 25501, et seq.; (Hazardous Materials Response Plans and
Inventory); or the Porter-Cologne Water Quality Control Act, Water Code Section
13000, et seq. all as amended, (2) any other federal or state law or any local law
regulating, relating to, or imposing liability or standards of conduct concerning
any hazardous, toxic or dangerous waste, substance or material, as now is, or at
any time hereafter may be, in effect, and (3) any rule or regulation adopted or
promulgated under or pursuant to any of said laws.
If Tenant receives any notice, whether oral or written, of any inquiry, test,
investigation, enforcement proceeding, environmental audit, or the like regarding
any Hazardous Material 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.
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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
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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.
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SECTION 26. WAIVER
A waiver by either parry 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 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
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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 Lindstoom
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
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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.
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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 ,
By:
Steven Kueny Tom Lind rom
ATTEST:
Maureen Benson, EaeeessorAgency Clerk
C;1.y
9 Teo.
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f
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 theserequirements 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:
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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 ndt 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
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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.
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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.
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A� CERTIFICATE OF LIABILITY INSURANCE /12/2012
3/12/2012
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(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 endorsement(s).
PRODUCER NTA CT Amanda Kelli.ng
Insurance West Corp. PHONE (805)579-1900 FA e.(805)579-1916
2450 Tapo Street akellinq @insurancewest.cotn
INSURER(S)AFFORDING COVERAGE NAIC ti
Simi Valley CA 93063 INSURERAAcce tancs Casualty Insurance
INSURED
OWRERB:Topa insurance Company -8031
Tom Lindstrom RV, Inc. INSURERC:
5939 Rainbow Hill Rd INSURER D:
INSURER E:
Agoura Hills CA 91301 INSURER F:
COVERAGES CERTIFICATE NUMBF,-RAil 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 SHOVMI MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR I TYPE OF INSURANCE POLICY EFF PO EXP
POLICY NUMBER M LIMITS
A GENERAL LIABILITY 0GO0107159 /8/2012 /8/2013 EACH OCCURRENCE $ 1,000,000'
,000,000
X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ 50,000
CLAIMS-MADE a OCCUR MED EXP(Any one person) $ 2,500
PERSONAL&AOV INJURY $ 1,000,000
GENERAL AGGREGATE S 1,000,000
GEML AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $
X POLICY PRO LOC $
AUTOMOBILE LIABILITY 0 I LIMIT
Ea acrid t
ANY AUTO BODILY INJURY(Per person) $
ALL OWNED SCHEDULED
AUTOS AUTOS BODILY INJURY(Per accident) $
NON-OWNED PROPERTY DAMAGE
HIRED AUTOS AUTOS Peraccldent $
S
B UMBRELLA L.IAB X OCCUR 660267501 /8/2011 /8/2012 EACH OCCURRENCE $ 3,000,000
}( EXCESS LIAB CLAIMS-MADE AGGREGATE b 3,000,000
DED I I RETENTION . - I $— r
WORKERS COMPENSATION WC STATU- OTH-
AND EMPLOYERS'L1AaI1JTY YIN IER
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED? ❑ N/A
(Mandatory In NH) E.L.DISEASE-EA EMPLOYEE S
If qqes describe antler
DEWIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $
DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES(Attach ACORD 101,Additional Remains Schedule,If more space is required)
City of Moorpark, its officers, officials, employees S 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
ACCORDANCE WITH THE POLICY PROVISIONS.
City of Moorpark
Attn: David Moe
799 Moorpark Avenue AUTHORIZED REPRESENTATIVE
Moorpark, CA 93021
R Sulzinger/AMANDA
ACORD 25(2010/05) ®1988-2010 ACORD CORPORATION. All rights reserved.
INS025 r7ni nsi m Tho Arnpn name and innn nro ronicforal mnrirc of Ar`nPn
95
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,'It's 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.
a
CA 25 0912 93 Copyright,Insurance Services Office,Inc., 1993 Page 1 of 1
96
s
POLICY NUMBER:CGO0107159 COMMERCIAL GENERAL LIABILITY
CG 24 0410 93
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
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
97
Attachment II
RESOLUTION NO. 2012-
A RESOLUTION OF THE OVERSIGHT BOARD TO THE
SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF
THE CITY OF MOORPARK, CALIFORNIA, FOR THE SPECIAL
MEETING OF JULY 17, 2012, RECEIVING AND FILING THE
CURRENT LEASES OF THE REDEVELOPMENT AGENCY
WHEREAS, Section 34179 (e) of the Health and Safety Code requires all actions taken
by the Oversight Board of the Successor Agency of the City of Moorpark be adopted by
resolution; and
WHEREAS, at the July 17, 2012, special meeting the Oversight Board received and filed
the current leases of the Redevelopment Agency (Agenda Item 6.13.)
NOW, THEREFORE, THE OVERSIGHT BOARD TO THE SUCCESSOR AGENCY OF
THE REDEVELOPMENT AGENCY OF THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Receive and file current leases of the Redevelopment Agency.
SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall
cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 17th day of July, 2012.
Bruce Hamous, Chairperson
ATTEST:
Maureen Benson, City Clerk
Attachment: Exhibit A
98
OVERSIGHT BOARD TO SUCCESSOR AGENCY
OF THE REDEVELOPMENT AGENCY
OF THE CITY OF MOORPARK MEETING
of ���iJ 7-17-aoia
ACTION: ITEM 6.C.
BY:
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
61-k-
DATE: July 16, 2012 (Oversight Board Special Meeting July 17, 2012)
SUBJECT: Consider Resolution Adopting the Recognized Obligation Payment
Schedule (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 attached Resolution to
adopt 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.
99
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.
100
Oversight Board to the Successor Agency
July 17, 2012
Page 3
STAFF RECOMMENDATION (ROLL CALL VOTE)
1. Adopt Resolution No. 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)J.
Attachments:
1. Resolution No. 2012-
2. ROPS for January 1, 2013 to June 30, 2013, dated July 17, 2012
101
ATTACHMENT 1
RESOLUTION NO. 2012-
A RESOLUTION OF THE OVERSIGHT BOARD OF THE
SUCCESSORE AGENCY OF THE REDEVELOPMENT AGENCY OF
THE CITY OF MOORPARK, CALIFORNIA, FOR THE SPECIAL
MEETING OF JULY 17, 2012, ADOPTING THE RECOGNIZED
OBLIGATION PAYMENT SCHEDULE FOR JANUARY 1, 2013 TO
JUNE 30, 2012
WHEREAS, Section 34179 (e) of the Health and Safety requires all actions taken
by the Oversight Board of the Successor Agency of the City of Moorpark be adopted by
resolution; and
WHEREAS, on July 17, 2012 the recommended Recognized Obligation Payment
Schedule for January 1, 2013 to June 30, 2013 was submitted to the Oversight Board
for its review and consideration (Agenda Item 6.C.).
NOW, THEREFORE, THE OVERSIGHT BOARD OF THE SUCCESSOR
AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Recognized Obligation Payment Schedule for January 1, 2013
to June 30, 2013 is hereby adopted.
SECTION 2. The City Clerk shall certify to the adoption of this resolution and
shall cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 17th day of July, 2012.
Bruce Hamous, Chair
ATTEST:
Maureen Benson, City Clerk
102
RECOGNIZED OBLIGATION PAYMENT SCHEDULE - CONSOLIDATED ATTACHMENT 2
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
c�
w
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 AB 26-Section 34177(')
_ Payable from the Redevelopment Property Tax Trust Fund(RPTTF)
Contract/Agreement Total Due During
9 Total Outstanding Fiscal Year Funding Payments by month
Project Name/Debt Obligation Execution Date Payee Description Pro ect Area Debt or Obligation 2012-2013" Source Jan 2013 Feb 2013 1 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 12112/2001 Bank of New York Bond Principal&Interest Payments MRP 20,359,572.00 600,874.00 RPTTF 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 05101/1999 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 10/1312009 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) $ 50102,447.00 $ 2,082,968.00 N/A $ 1,000.00 $ 126,000.00 $ 641,484.00 $ 1,000.00 $ 31,000.00 $1,276,484.00 $ 2,076,96800
Totals-Page 2(Other Funding) $ $ N/A $ $ $ $ Is $ $
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 1$ 20,834.00 $ 20,830.00 $ 125,000 00
Totals-Page 4(Pass Thru Payments) Is $ N/A $ $ $ is is $ $
Grand total-All Pages 1$ 50,352,447.00 $ 2,332,968.00 1 1$ 21,834.00 1$ 146,834.00 1$ 662,318.00 1$ 21,834.00 1$ 51,834.00 $1 79711AM$ 2,201,968.00
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 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
O
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 Pro ect 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 $ $ $ $ $ $ $
Totals-Other
$0.00
Grand total-This Page $ $ $ $ 1$ $ is Is $
I-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
U%Vft Agreed Upon Procedures Audit be completed before submitting the final Oversight Approved ROPS to the State Controller and State Department of Finance.
*"I 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 Debtor Obli ation 2012-2013" Source" Jan 2013 Feb 2013 Mar 2013 Apr 2013 May 2013 Jun 2013 Total
1 Salary and Benefits Employees Sala 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 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 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 Employees 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 Advertising 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 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 Oversight 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 $
17 $
18 $
19 $
20 $
21 $
22 $
23 $
24 $
25 $
26 $
27 $
28 $
$
$
$
Totals-This Page $ 250,000.00 $ 150,000.00 $ 20,834.00 $ 20,834.00 1$ 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 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 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
WIHF-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.
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 V)
Pass Through and Other Payments—
Total Due During Payments by month
Total Outstanding Fiscal Year Source of
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), $
$ $
9 $
10 $
11 $
12 $
13 $
14 $
15 $
is
Totals-Other Obligations S Is S $ 71$ I i$ $ Is 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.
F-
CD
J
OVERSIGHT BOARD TO SUCCESSOR AGENCY
OF THE REDEVELOPMENT AGENCY
OF THE CITY OF MOORPARK MEETING
of Si...� 71 0701A
ACTION: 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 0Udv�
Date: July 16, 2012 (Special Meeting of 7/17/12)
Subject: Consider Resolution Directing Continued Search for 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
Adopt Resolution No. directing staff to continue searching for legal counsel and
report back to Oversight Board in October, 2012.
Attachment I: Resolution No. 2012 -
108
Attachment I
RESOLUTION NO. 2012-
A RESOLUTION OF THE OVERSIGHT BOARD TO
SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY
OF THE CITY OF MOORPARK, CALIFORNIA, FOR THE
SPECIAL MEETING OF JULY 17, 2012, DIRECTING
SUCCESSOR AGENCY TO CONTINUE THE SEARCH FOR
LEGAL COUNSEL
WHEREAS, Section 34179 (e) of the Health and Safety Code requires all actions
taken by the Oversight Board of the Successor Agency of the City of Moorpark be
adopted by resolution.
NOW, THEREFORE, THE OVERSIGHT BOARD TO SUCCESSOR AGENCY
OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Direct Successor Agency to continue search for Oversight Board
legal Counsel and report back in October 2012.
PASSED AND ADOPTED this 17th day of July, 2012.
Bruce Hamous, Chairperson
ATTEST:
Maureen Benson, City Clerk
109
OVERSIGHT BOARD TO SUCCESSOR AGENCY
OF THE REDEVELOPMENT AGENCY
OF THE CITY OF MOORPARK MEETING
of ITEM 7.A.
ACTION:
BY: -
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
DATE: July 16, 2012 (CC Special Meeting of 7/17/12)
SUBJECT: Consider Special Oversight Board Meeting Minutes for June 19, 2012
BACKGROUND AND DISCUSSION
Staff has prepared meeting minutes for the Special Oversight Board meeting of June 19,
2012
STAFF RECOMMENDATION
Adopt Resolution approving the Special Oversight Board meeting minutes of June 19,
2012.
Attachments:A Oversight Board Special Meeting Minutes of June 19, 2012.
B Resolution No. 2012-
110
ATTACHMENT 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
111.
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 8.13. 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 Agent 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;
112
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 (ROPS)
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
11.3
ATTACHMENT B
RESOLUTION NO. 2012-
A RESOLUTION OF THE OVERSIGHT BOARD TO THE
SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF
THE CITY OF MOORPARK, CALIFORNIA, FOR THE SPECIAL
MEETING OF JULY 17, 2012, APPROVING THE SPECIAL
OVERSIGHT BOARD MEETING MINUTES OF JUNE 19, 2012
WHEREAS, Section 34179 (e) of the Health and Safety Code requires all actions taken
by the Oversight Board of the Successor Agency of the City of Moorpark be adopted by
resolution; and
WHEREAS, at the July 17, 2012 special meeting the Special Oversight Board meeting
minutes of June 19, 2012, were submitted to the Oversight Board for approval (Agenda Item
7.A.).
NOW, THEREFORE, THE OVERSIGHT BOARD TO THE SUCCESSOR AGENCY OF
THE REDEVELOPMENT AGENCY OF THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Approve the Special Oversight Board meeting minutes of June 19, 2012.
SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall
cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 17th day of July, 2012.
Bruce Hamous, Chairperson
ATTEST:
Maureen Benson, City Clerk
114
OVERSIGHT BOARD TO SUCCESSOR AGENCY
OF THE REDEVELOPMENT AGENCY
OF THE CITY OF MOORPARK MEETING
of -aoi'g B.
ACTION: ITEM 7
e of
BY:
OVERSIGHT BOARD TO THE SUCCESSOR AGENCY OF TW
REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
AGENDA REPORT
TO: Oversight Board to the Successor Agency
FROM: Ron Ahlers, Finance Director
DATE: July 16, 2012 (Oversight Board Special Meeting July 17, 2012)
SUBJECT: Consider Resolution to Receive and File Report on the 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).
115
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 L $ 2,891,236.45
116
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 ROPS
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 $ 1,259Z969
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. 1.7
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
Adopt Resolution No. 2012-
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
6. Resolution No. 2012-
118
RESOLUTION NO. 2012-
A RESOLUTION OF THE OVERSIGHT BOARD OF THE
SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF
THE CITY OF MOORPARK, CALIFORNIA, FOR THE SPECIAL
MEETING OF JULY 17, 2012, RECEIVING AND FILING THE
STATUS UPDATE TO RECOGNIZED OBLIGATION PAYMENT
SCHEDULES (ROPS) FOR JANUARY 1, 2012 TO JUNE 30, 2012
AND JULY 1, 2012 TO DECEMBER 31, 2012
WHEREAS, Section 34179 (e) of the Health and Safety requires all actions taken
by the Oversight Board of the Successor Agency of the City of Moorpark be adopted by
resolution; and
WHEREAS, at the July 17, 2012 special meeting, the Status Update to
Recognized Obligation Payment Schedules (ROPS) for January 1, 2012 to June 30,
2012 and July 1, 2012 to December 31, 2012 was submitted to the Oversight Board for
its review and consideration (Agenda Item 7.8).
NOW, THEREFORE, THE OVERSIGHT BOARD OF THE SUCCESSOR
AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Receive and file Status Update to Recognized Obligation Payment
Schedules (ROPS) for January 1, 2012 to June 30, 2012 and July 1, 2012 to December
31, 2012.
SECTION 2. The City Clerk shall certify to the adoption of this resolution and
shall cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 17th day of July, 2012.
Bruce Hamous, Chair
ATTEST:
Maureen Benson, City Clerk
119
OVERSIGHT BOARD TO SUCCESSOR AGENCY
OF THE REDEVELOPMENT AGENCY
OF THE CITY OF MOORPARK MEETING
of 7-17-ao/A ITEM 7.C.
ACTION:
,Aeata t" a?oiA -
BY: o
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
DATE: July 16, 2012 (CC Special Meeting of 7/17/12)
SUBJECT: Consider Resolution 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
Adopt Resolution directing staff to post a notice of meeting cancellation for the August 21 ,
2012, regular Oversight Board meeting.
Attachment: Resolution No. 2012-
120
RESOLUTION NO. 2012-
A RESOLUTION OF THE OVERSIGHT BOARD TO THE
SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF
THE CITY OF MOORPARK, CALIFORNIA, FOR THE SPECIAL
MEETING OF JULY 17, 2012, DIRECTING STAFF TO POST A
NOTICE OF MEETING CANCELLATION FOR THE AUGUST 21,
2012, REGULAR OVERSIGHT BOARD MEETING
WHEREAS, Section 34179 (e) of the Health and Safety Code requires all actions taken
by the Oversight Board of the Successor Agency of the City of Moorpark be adopted by
resolution; and
WHEREAS, at the July 17, 2012, special meeting of the Oversight Board was submitted
with a request to cancel the August 21, 2012 regular meeting (Agenda Items 7.C.).
NOW, THEREFORE, THE OVERSIGHT BOARD TO THE SUCCESSOR AGENCY OF
THE REDEVELOPMENT AGENCY OF THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Direct staff to post a notice of cancellation for the August 21 , 2012,
regular Oversight Board meeting.
SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall
cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 17th day of July, 2012.
Bruce Hamous, Chairperson
ATTEST:
Maureen Benson, City Clerk
121