HomeMy WebLinkAboutAGENDA REPORT 1991 0918 CC REG ITEM 11B Il9f ,2a)
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roj�o" 799 Moorpark Avenue Moorpark, California 021 (805) 529-6864
CO Felin CALIFORNIA
City Council Meeting
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ACTION: . d
MEMORANDUM /
TO : The Honorable City Council 6y
FROM : Philip E . Newhouse, Director of CommunitYD
Services t nI�1�\MOORPARK, CALIFORNIA
City Council Meeting
DATE : August 29, 1991 of 7/ I 1991
SUBJECT : Consider Revising the Senior Center Lease ACTION: 1.2 .
Agreement22 =5/9/
The Moorpark Senior Citizens, Inc . , is requesting the cur wnt / La<=—
Senior Center Lease Agreement be revised. This request is'
predicated upon the reorganization of their program.
BACKGROUND
The original Senior Center Lease Agreement was executed on
November 1, 1988, between the City and the Moorpark Senior
Citizen Club; a non-profit corporation formed of Seniors aged
55 and older which reside within the City limits of Moorpark .
The term of the lease was for ten years, expiring on October
31, 1998 .
The Lease Agreement stipulates conditions under which the
Senior Citizens Club may operate the Senior Center, which
encompasses a kitchen and meeting room of approximately 3, 507
square feet located at the southern end of the Community
Center Building at 799 Moorpark Avenue; the former City Hall
area of the Community Center Building .
Staff began meeting with various representatives of the
Senior Center in May, 1991, to discuss the possibility of
revising the Senior Center Lease . Dr . Braun, President of
the Senior Citizens, Inc . , has been their primary
representative and has met and discussed with staff the
changes requested by the Senior Citizens, Inc . , group .
REOUESTED LEASE AGREEMENT CHANGES
The Lessee ' s requested Lease Agreement changes are listed
below as they appear in the Lease Agreement :
PAUL W. LAWRASON JR. BERNARDO M. PEREZ SCOTT MONTGOMERY ROY E. TALLEY JR. JOHN E. WOZNIAK
Mayor Mayor Pro Tern Councilmember Councilmember Councilmember
The Honorable City Council
Page 2
8/29/91
Page 1 . 1 . Change the name of the Senior group from
Moorpark Senior Citizens Club to Moorpark
Senior Citizens, Inc .
2 . Revise the square footage from 3160 to 3507 .
3 . Change the age definition of a senior from 55
to 60 years of age . This reflects the current
age to recognize senior citizens by the State
of California and the Ventura County Area
Agency on Aging for grants and additional
support services .
Page 2 . 1 . Section 2 . Term of the lease to be ten years
from the date the lease revisions approved by
City Council .
Page 5 . 1 . Section 6 . Assignment and Subletting. The
number of days for Lessee to notify the City
of proposed fund raising activities be
increased from ten ( 10) to twenty (20)
calendar days with the City responding at
least ten (10) calendar days prior to the
proposed event .
Page 6 . 1 . The word "cleanup" be added to the last
sentence of the second paragraph .
2 . The size of the bulletin board provided by the
City be increased from twelve square feet to
twenty five square feet .
Page 8 . 1 . Section 7 . Condition of Premises. The words
"defects, latent and/or" be deleted from the
first sentence .
Page 9 . 1 . Section 10 . Change the words "water and
sewer" to read "all other utilities . "
2 . Section 11 . Change "Lessee" to "City" and add
"that will directly benefit the Lessee" to the
end of the sentence .
Page 10 . 1 . Section 12 . Maintenance . To Lessee ' s
responsibilities, add the words "if abused"
behind kitchen equipment and delete electrical
wiring; and to City ' s responsibilities, add
"electrical wiring and kitchen equipment under
normal use . " Kitchen equipment shall mean the
range and broiler, garbage disposal, wall
The Honorable City Council
Page 3
8/29/91
mount pre-rinse faucet, refrigerator and
freezer, steam tables, work tables and sinks .
Page 12 . 1 . Section 15 . Compliance with Law. Add section
"B, " City shall, at its expense, promptly
comply with any and all laws, ordnances,
rules, regulations, requirements, and orders
whatever, present or future, of the national,
state, county, or city government which may in
any way apply to the Senior Center.
Page 22 . 1 . Section 32 . Miscellaneous Provisions.. Part A
delete the words "and the Ventura County
Sheriff ' s Department with a set of keys to all
outside doors of the building" and add "with a
master key keyed to the Community Center
building grand master key located on the
demised premises .
Page 25 . 1 . Change address of Lessee from 799 Moorpark
Avenue to P .O. Box 702, Moorpark .
Additionally, throughout the Lease Agreement, change the name
of the Moorpark Senior Citizens Club to Moorpark Senior
Citizens, Inc . to reflect the reorganization that has taken
place . The current elected senior citizen officers changed
the group ' s name as part of the reorganization .
ATTORNEY REVIEW
The City Attorney has reviewed the lease changes requested by
the Moorpark Senior Citizens, Inc . The language changes
previously stated above are recommended by the City Attorney
to be used by the CITY to revise the Lease Agreement .
Additionally, the City Attorney recommended the following
lease changes :
Page 1 . Section 5 . Purpose . The City Attorney
originally recommended the City not employ
"self-help" to cure a nuisance without a court
order, or the City could be subject to
liability for taking property without just
compensation . After staff conferred with the
City Attorney to further explain how the
Senior Center operated from a City facility,
the City Attorney concurred Section 5 did pot
need changing.
Page 1 . Section 16 . Workers ' Compensation Insurance .
This section be replaced in its entirety as
follows :
The Honorable City Council
Page 4
8/29/91
"Section 16 . Workers ' Compensation Insurance .
Lessee shall obtain and maintain in full force
and effect throughout the entire term of this
Lease Agreement full workers compensation
insurance in accord with the provisions and
requirements of the Labor Code of the State of
California . Endorsements that implement the
required coverage shall be filed and
maintained with the City Clerk throughout the
term of this Lease Agreement . The policy
providing coverage shall be amended to provide
that the insurance shall not be suspended,
voided, canceled, reduced in coverage or in
limits except after thirty (30) days ' prior
written notice by certified mail, return
receipt requested, has been given to City .
The policy shall also be amended to waive all
rights of subrogation against the City, its
elected or appointed officials , employees,
agents or Grantees for losses which arise from
work performed by the named insured for the
City . "
Page 15 . 1 . Section 20 . Hold Harmless and Indemnification
This section be replaced in its entirety as
follows :
"Section 20 . Indemnification .
A. Indemnification of City . Lessee agrees
that it shall protect , defend with counsel
approved by City, which approval shall not be
unreasonably withheld, indemnify and hold
harmless City, its officers, employees and
agents from and against any and all losses,
liabilities , fines , penalties , claims ,
damages, liabilities or judgments, including
attorney ' s fees, arising out of or resulting
in any way from: (i) Lessee ' s exercise of the
Lease, unless such claim is due to the sole
negligence or willful acts of the City, its
officers, employees, agents or contractors; or
(ii) the City ' s grant of this Lease to Lessee .
Subject to the scope of this indemnification
and upon demand of the City, made by and
through the City Attorney, the Lessee shall
appear in and defend the City and its
officers, employees and agents in any claims
or actions, whether judicial, administrative
The Honorable City Council
Page 5
8/29/91
or otherwise arising out of the exercise of
the Lease Agreement .
B . Indemnification of Lessee . City shall
indemnify, defend with counsel approved by
Lessee , which approval shall not be
unreasonably withheld, and hold the Lessee,
its affiliates and their respective officers,
directors, employees and shareholders harmless
from and against any and all liabilities,
losses, damages, claims, actions, causes of
action, costs and expenses ( including
reasonable attorney' s fees) arising from or
resulting in any way from Lessee ' s exercise of
the Lease, but only if due to the sole
negligence or willful acts of City, its
officers, employees, agents or contractors . "
Page 1 . Section 21 . Insurance . This section be
replaced in its entirety as follows :
"Section 21 . Public Liability Insurance .
Lessee shall obtain and maintain in full force
and effect throughout the entire term of this
Lease Agreement a Broad Form Comprehensive
General Liability (occurrence) policy with a
minimum limit of ONE MILLION DOLLARS
($1, 000, 000 . 00) aggregate and ONE MILLION
DOLLARS ($1, 000, 000 . 00 ) per occurrence for
bodily injury and property damage, with any
self- insured retention not exceeding
$10, 000 . 00 per occurrence . The continuous
availability of the self-insured retention
shall be demonstrated to the satisfaction of
City Manager . Said insurance shall protect
Lessee and City from any claim for damages for
bodily injury, including accidental death, as
well as from any claim for property damage
which may arise from operations performed
pursuant to this Lease Agreement, whether such
operations be by Lessee itself, or by its
agents, employees and/or subgrantees . Copies
of the policies or endorsements evidencing the
above required insurance coverage shall be
filed with the City Clerk . All of the
following endorsements are required to be made
a part of the insurance policies required by
this Section :
(1) The City, its employees, agents, Grantees
and officers, are hereby added as insureds as
The Honorable City Council
Page 6
8/29/91
respects liability arising out of activities
performed by or on behalf of Lessee .
(2) This policy shall be considered primary
insurance as respects any other valid and
collectible insurance the City may possess
including any self-insured retention the City
may have, and any other insurance the City
does possess shall be considered excess
insurance and shall not contribute with it .
(3) This insurance shall act for each
insured, as though a separate policy had been
written for each. This, however, will not act
to increase the limit of liability of the
insuring company .
(4 ) Thirty (30) days prior written notice by
certified mail, return receipt requested,
shall be given to the City in the event of
suspension , cancellation, reduction in
coverage or in limits or non-renewal of this
policy for whatever reason . Such notice shall
be sent to the City Clerk .
The limits of such insurance coverage, and
companies, shall be subject to review and
approval by the City Manager every year and
may be increased at that time and match the
coverage provided by the City ' s own liability
insurance policy . Lessee shall increase the
limits of such insurance coverage not later
than ten ( 10) days after receipt of City ' s
written notice to do so . The City shall be
included as a named insured on each of the
policies, or policy endorsements .
A. Modification. The insurance requirements
provided herein may be modified or waived in
writing by the City Council upon the request
of Lessee , provided the City Council
determines such modification or waiver is in
the best interests of City considering all
relevant factors .
B. Insurance Coverage . Contemporaneously
with the execution of this Lease Agreement,
Lessee shall deposit copies of insurance
policies or endorsements evidencing the
existence of policies of insurance required
pursuant to this Lease Agreement . "
The Honorable City Council
Page 7
8/29/91
PUBLIC WORKS/FACILITY COMMITTEE REVIEW
Staff met with the Council Public Works/Facility Committee on
August 5 to review the Lease Agreement changes requested by
the Moorpark Senior Citizens, Inc . , and the City Attorney
recommendations . The Committee considered all the changes
and concurred with the staff recommendation to approve the
changes as recommended by the attorney.
An additional lease change requested by the Moorpark Senior
Citizens, Inc . , not previously discussed but considered by
the Public Works/Facilities Committee was to delete the
reference in Section 2, Term, which stated "in the event
another senior citizens organization organized as a non-
profit corporation of the State of California and having a
membership of at least sixty ( 60) senior citizens with at
least 75'1 of said membership residing within the corporate
boundaries of the City of Moorpark and said organization has
requested in writing that the City consider its use of the
demised premises and that it can comply with all terms and
conditions of this Agreement . In such event, It shall be the
desire of the City to have all qualifying senior citizen
organizations share and cooperate in use of the demised
premises . "
The Committee concurred the language, as stated above, which
related to allowing a second group meeting all the Senior
Center Lease Agreement conditions to share the use of the
Senior Center, be deleted from the Lease Agreement provided
the following language is added to the Lease Agreement :
the Senior Center is open and available to any Senior in
Moorpark meeting the eligibility requirements regardless
of paying any membership dues ; and the Senior
organization agrees to hold annual elections for the
Board of Directors and officers . This would require the
recently adopted (July 1, 1991) Moorpark Senior Citizens
By-laws, Article 7, Governing Body, Section 5, Term of
Officer, which states the officer for the Board shall be
for two (2) years be changed to one (1) year .
If the Moorpark Senior Citizens, Inc . , elect not to change
Article 7, Section 5, of their By-laws, then the language
allowing a second group meeting the eligibility requirements
as stated in Section 2, Term of the Lease, shall remain in
the Lease Agreement .
Elimination of the language in Section 2 as recommended by
the Moorpark Senior Citizens , Inc . , and Public
Works/Facilities Committee is inconsistent with other City
The Honorable City Council
Page 8
8/29/91
agreements . In either case, staff recommends the reference
to a second group remain in the Lease Agreement .
Additionally, staff recommends the following clause be added
to the Lease Agreement :
"Lessee hereby grants to City, and City hereby grants to
Lessee the right to terminate this lease and City retake
possession of the entire Premises (Senior Center) by
either party giving written notice to the other party at
least ninety ( 90 ) days prior to the date of such
retaking . "
COMMITTEE POSITION
1 . Approve the lease changes in the language as recommended
by the City Attorney.
2 . Delete the language in Section 2 , Term, of the lease
that would allow more than one group of Seniors to use
the Senior Center at the same time provided the Senior
Center is open and available to any Senior in Moorpark
meeting the eligibility requirements regardless of
paying any membership dues; and agrees to hold annual
elections for the Board of Directors and officers; If
not , the language of Section 2 to remain as it is
currently stated in the Lease Agreement .
3 . The term of the lease to be for a period of ten years;
September 4 , 1991, to September 3, 2001 .
STAFF POSITION
1 . Concurrence with Item 1 and 3 as recommended by the
Public Works/Facilities Committee .
2 . Retain Section 2, Term, in its entirety as currently
stated in the Lease Agreement .
3 . Add clause for ninety ( 90) day termination of lease by
either party as recommended in staff report .
4 . Direct staff to monitor the effects of the lease changes
and report back to Council in six months the findings .
STAFF RECOMMENDATION
Direct staff as deemed appropriate .
PEN :db
Attachments
SENIOR CITIZEN CENTER LEASE AGREEMENT
THIS LEASE AGREEMENT ("Lease"), executed at Moorpark, California,
this 1st day of November, 1988, by and between the CITY OF MOORPARK, a
political subdivision of the State of California, hereinafter referred
to as "CITY", and the MOORPARK SENIOR CITIZEN CLUB, a non-profit
corporation of the State of California, hereinafter referred to as
"LESSEE".
WITNESSETH:
WHEREAS, CITY is the owner of a building known as the MOORPARK
COMMUNITY CENTER; and
WHEREAS, CITY is desirous of making an approximate 3160 square
foot area of the Moorpark Community Center available for Senior Citizen
activities and to designate such area as the Moorpark Senior Citizen
Center; and
WHEREAS, LESSEE is desirous of leasing said building to provide
senior citizen activities and programs; and
WHEREAS, Senior Citizen shall mean a person age fifty-five (55) or
older;
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
1. Premises: CITY, for and in consideration of the covenants,
conditions, agreements, and stipulations herein set forth, does hereby
demise and lease to LESSEE, and LESSEE hereby hires from CITY, those
certain premises situated at 799 Moorpark Avenue, Moorpark, Ventura
County, California, and more particularly described as follows:
A. Approximately 2, 186 square feet of the building referred
to as the Moorpark Community Center located at 799
SR/CTZN. LSE/CONTRACT 1
Moorpark Avenue, Moorpark, Ventura County, California.
This does not include any of the patio areas.
B. In addition to 1.A. above, upon completion of
construction, the premises shall also include the
approximate 1,321 square feet of restroom, office and
kitchen areas.
The above-described premises are as shown in attached Exhibit "A."
2. Term: The term of this Lease shall be for ten (10) years,
commencing on the 1st day of November, 1988, and terminating on the
31st day of October, 1998, unless sooner terminated by the mutual
consent of the parties hereto except that City may unilaterally
terminate this agreement upon providing Lessee sixty (60) days written
notice for either of the following occurrences:
A. Lessee ceases to have sixty (60) members; or
B. Lessee ceases to have at least seventy-five percent
(75%) of its members residing within the corporate
boundaries of the City of Moorpark.
City may also unilaterally terminate this Agreement upon providing
Lessee one hundred eighty (180) days notice in the event another senior
citizens organization organized as a non-profit corporation of the
State of California and having a membership of at least sixty (60)
senior citizens with at least 75% of said members residing within the
corporate boundaries of the City of Moorpark and said organization has
requested in writing that the City consider its use of the demised
premises and that it can comply with all terms and conditions of this
Agreement. In such event, it shall be the desire of the City to have
SR/CTZN. LSE/CONTRACT 2
all qualifying senior citizen organizations share and cooperate in use
of the demised premises.
3. Payments to CITY: LESSEE agrees to pay to CITY, in lawful
money of the United States, without deduction or offset, the amount of
One Dollar ($1.00) per year payable in advance of the first day of each
and every year during the term of this lease, commencing on November 1,
1988. LESSEE shall also reimburse City for a portion of the costs for
City providing refuse, natural gas and electricity in connection with
LESSEE'S occupancy of the premises. The amount of monthly
reimbursement shall be as mutually agreed upon within sixty (60) days
after LESSEE'S occupancy of the premises and may be periodically
adjusted as mutually agreed upon. It is the intent that such
reimbursement reflect the portion of costs for refuse, natural gas and
electricity utilized as part of Lessee' s use of the premises for other
than those purposes specified in the first sentence of Paragraph 5.
LESSEE shall make the monthly payment to the City within thirty (30)
days after receiving billing from City consistent with the terms as
mutually agreed upon.
As additional compensation to City, Lessee shall provide
volunteers as required by any Federal , State or County Agency or other
public or private organizations as a condition of receiving any funding
to construct, operate or maintain the premises or to conduct and/or
provide activities to senior citizens including but not limited to
nutrition programs. Said volunteers shall not become or be deemed for
any purpose as agents, officers or employees of the City. Lessee' s
obligation to provide the aforementioned volunteers shall terminate
SR/CTZN. LSE/CONTRACT 3
when City receives grant funding to provide full-time staffing for the
premises.
4. Holding Over: In the event LESSEE shall hold over after the
term herein granted with the expressed or implied consent of CITY, such
holding over shall be a tenancy only from month to month and shall be
governed by the terms, covenants, and conditions contained in this
Lease.
5. Purpose: This lease is made for the purpose of Lessee
utilizing the demised premises for use as a Senior Citizen Center and
to serve as a meeting place for Lessee and its members and to provide
social , health, nutritional , educational and other services to senior
citizens. The demised premises may not be used for any commercial
purpose. Lessee shall not use the premises, or any part thereof, or
permit them to be used, for any purpose or purposes other than the
purposes herein specified. Lessee shall have the right to set rules to
govern its own activities within the demised premises consistent with
this paragraph and all other provisions of this Agreement.
Lessee may conduct fund raising activities open to the general
public such as bingo, bake sale, and dining with the prior written
approval of City. Lessee shall present its request in writing to City
at least ten (10) days prior to the proposed event. City may set
conditions of approval as it deems necessary for each such event. If
bingo games are approved pursuant to this paragraph, all such games
must be conducted by Lessee and be operated in a manner consistent with
all applicable City and State regulations, ordinances and laws
governing the operation of bingo.
SR/CTZN. LSE/CONTRACT 4
Lessee shall not do or permit to be done upon the premises, any
act or thing which constitutes a nuisance or which may disturb the
quiet enjoyment of City or any citizen of City on adjacent or
neighboring property. Lessee further agrees, within 24 hours after
written notice is given by City that a nuisance exists, to abate or
otherwise cause such nuisance to be cured. In the event Lessee has not
taken corrective action within 24 hours, then City may enter and abate
said nuisance at the expense of the Lessee without any liability
whatsoever to City for monetary loss or anticipated profits of Lessee
or others.
The CITY shall have the right, with a minimum of three (3) days
notice, to use said facilities, equipment and furnishings as long as
such use does not conflict with a regularly scheduled Senior Citizen
activity or program. Such use by CITY shall be exempt from any charge
or fee when used for public meetings or meetings for organizations of
which the CITY is a member or as a polling place. The CITY will be
responsible for any damages to the building or furnishings incurred
during CITY'S use of the facility.
Lessee acknowledges and agrees that outside storage and exterior
and/or window signs are not permitted except to identify the location
at the entrance to the facility and to announce activities. To assist
with the latter item, the City will provide an enclosed bulletin board
of an approximate size of twelve square feet.
6. Assignment and Subletting: LESSEE further agrees not to
sublet or rent the demised premises or any part thereof, or assign,
transfer, mortgage or otherwise convey this Lease or any of its rights
and interest hereunder without the prior written approval of CITY.
SR/CTZN. LSE/CONTRACT 5
Lessee shall present its request in writing to the City at least ten
(10) days prior to the proposed date for any sublease or rental . The
City may set conditions of approval as it deems necessary for each such
request including, but not limited to, the requirement for insurance
coverage by the organization or person(s) requesting the rental or
sublease with the City named as additional insured and other provisions
consistent with Section 21, Insurance of this Agreement. Insurance
shall be mandatory in the event alcoholic beverages are served. If
sublease or rental is approved by the City, LESSEE may set its own
schedule of rental fees for such use and is entitled to the proceeds
from such rental . In addition to any other obligations under this
agreement, Lessee shall be responsible for the repair or replacement of
windows, furniture, furnishings and equipment, or the structure
necessitated by a sublease or rental of the premises. Lessee also
agrees to obtain a Hold Harmless and Indemnification from any
organization or person(s) renting the premises on behalf of the City
and Lessee in a form acceptable to the City and to secure a damage and
cleanup deposit from any organization or person(s) renting the
premises. LESSEE shall provide CITY with a copy of each agreement for
rental of the premises upon its receipt of an executed copy thereof.
If LESSEE sublets or rents the premises for public dances or similar
public assemblies or private parties, and alcoholic beverages are
allowed to be served, LESSEE shall coordinate the event with the
Ventura County Sheriff's Department to insure that adequate security is
provided and shall obtain any required permits therefor. If, in the
opinion of the Sheriff' s Department, adequate security is not being
provided by the LESSEE, the CITY shall have the right to provide the
SR/CTZN. LSE/CONTRACT 6
necessary security and LESSEE will be required to reimburse CITY for
all costs attributed to such occurrence.
In the event that LESSEE shall sublet, assign, transfer, mortgage
or otherwise convey the premises or its rights and interest hereunder,
or any part thereof, or attempt to do so in violation of the foregoing
provisions, then in addition to any and all other rights and remedies
available to it, CITY may, at its option by written notice to LESSEE,
either declare such sublease, assignment, transfer, mortgage, or other
conveyance void, or terminate this Lease and all rights and interest of
LESSEE and all other persons hereunder. This clause shall not be
. construed to limit any right or remedy which CITY may become entitled
to as a matter of law or by reason of the action(s) or failure(s) to
act of LESSEE.
7. Condition of Premises: LESSEE has inspected the demised
premises and knows the extent and condition thereof and accepts the
same in its present condition, subject to and including all defects,
latent and/or patent.
8. Alterations: LESSEE shall make no structural modifications
to existing structures or make permanent improvements or additions in
or on the demised premises without written consent of the City Council
first being obtained, which consent shall not unreasonably be withheld.
9. Furniture, Furnishings and Equipment: CITY has ownership of
certain furnishings and equipment purchased with City funds and funds
made available by Ventura County under Title III of the Older Americans
Act for the purpose of providing _senior center services. A list of
those items is contained in Exhibit B attached hereto. CITY agrees
that the furnishings and equipment listed in Exhibit B are principally
SR/CTZN.LSE/CONTRACT 7
for the benefit of senior citizens for the term of this agreement or
the life of the furniture and equipment whichever is less and agrees to
place them in the Senior Citizen Center. At the end of the term of
this agreement, the CITY may, at its option, relinquish ownership of
said furnishings and equipment to the LESSEE. LESSEE shall have the
use of the furnishings and equipment described in Exhibit B for all
programs conducted by them at the Senior Citizen Center and LESSEE
agrees to maintain said furnishings and equipment in a proper manner
and to repair and/or replace said items as needed at their expense.
LESSEE agrees to keep an accurate inventory of the furnishings and
equipment provided by the CITY as part of this agreement and to make
said inventory available to CITY upon request. LESSEE agrees that use
of the furnishings and equipment for other than senior citizen
activities shall not exceed more than ten percent (10%) of the time the
described furniture and equipment is available. LESSEE shall have the
right to furnish and install furniture and furnishings for its
operations with the right to remove the same upon termination of this
Lease. LESSEE shall provide contents insurance coverage for its owned
furniture, furnishings and equipment, and City shall provide contents
coverage insurance for items listed in Exhibit "B" of this Agreement.
10. Utilities: LESSEE, except as provided for in Paragraph 3 of
this agreement, shall be responsible for the cost of all utilities used
by LESSEE in connection with LESSEE' S occupancy of the premises, for
telephone and cable television, and City shall be responsible for water
and sewer.
11. Utility Extension or Modification: LESSEE shall pay any and
all expenses that may be incurred in obtaining the extension of public
SR/CTZN. LSE/CONTRACT 8
utility services to the demised premises from existing utility
facilities or any modification of same.
12. Maintenance: LESSEE shall keep the interior of the demised
premises, all improvements located thereon, including, but not limited
to, windows, kitchen equipment, restroom fixtures, interior walls,
windows and floor coverings, plumbing in the kitchen and restrooms, and
electrical wiring in good condition and repair during the term of this
Lease at their sole cost and expense, and upon the termination of said
term, to surrender the demised premises to the CITY in as good
condition and repair as when first occupied, reasonable wear and tear
and damage by the elements excepted. City shall be responsible for the
building exterior walls, roof of the building, heating and cooling
equipment, including thermostats, patio, landscaping, parking lot and
maintenance of window screens and exterior side of windows, excluding
replacement of windows.
13. Damage or Destruction of Premises: CITY shall not be
required to build, rebuild, replace or repair the building of which the
demised premises are a part, in the event said building is damaged or
destroyed in whole or in part by whatever means. Providing further,
however, that in the event the building of which the demised premises
are a part, is totally damaged or destroyed, this Lease shall
automatically terminate effective on the date of such damage or
destruction. In the event of partial damage or destruction to the
building or any portion of the demised premises to the extent that
normal operations by LESSEE canno.t _be continued, unless caused by a
negligent or willful act of LESSEE, this Lease shall terminate at the
option of either LESSEE or CITY upon giving notice in writing to the
SR/CTZN_LSE/CONTRACT 9
•
other party within fifteen (15) days after such partial damage or
destruction.
14. Property Insurance: City, at its option, may obtain and keep
in force during the term of this Lease a policy or policies of
insurance covering loss or damage to the Premises, but not LESSEE'S
fixtures, equipment or tenant improvements in an amount not to exceed
the full replacement value thereof, as the same may exist from time to
time, providing protection against all perils included within the
classification of fire, extended coverage, vandalism, malicious
mischief, flood (in the event same is required by a lender having a
lien on the Premises) special extended perils ("all risk", as such term
is used in the insurance industry) but not plate glass insurance.
15. Compliance with Law: LESSEE shall , at its expense, promptly
comply with any and all laws, ordinances, rules, regulations,
requirements, and orders whatever, present or future, of the national ,
state, county, or city government which may in any way apply to the
use, maintenance, or occupation of, or operations on the premises,
including, but not limited to, building and fire codes and zoning
regulations.
16. Workers' Compensation Act: LESSEE agrees to observe the
Workers' Compensation Act of this State, and will indemnify and save
and hold harmless CITY from any and all liability under said Act.
17. Liens and Encumbrances: LESSEE shall keep the premises and
all structures and improvements situated thereon free from any liens or
encumbrances arising out of any work performed, materials furnished, or
obligations incurred by LESSEE, or from any other cause.
SR/CTZN.LSE/CONTRACT 10
18. Right of Inspection: CITY shall have the right to enter upon
the demised premises at all reasonable times to inspect the premises
and LESSEE'S operations thereon provided that CITY gives LESSEE at
least a twenty-four (24) hour advance notice thereof and to permit
LESSEE'S agent to accompany CITY'S agent during such inspection. CITY
reserves all rights in and with respect to the premises, not
inconsistent with LESSEE'S use of the premises as in this Lease
provided, including (without limiting the generality of the foregoing)
the right of CITY to enter upon the premises for the purpose of
installing, using, maintaining, renewing, and replacing such
underground oil , gas, water, sewer, and other pipelines, and such
underground or aboveground telephone, telegraph, and electric power
conduits or lines as CITY may deem desirable in connection with the
development or use of any other property in the neighborhood of the
premises. CITY shall compensate LESSEE for any and all damage to
LESSEE'S improvements and personal property caused by the exercise of
the rights reserved in this paragraph.
19. Negation of Partnership: CITY shall not become or be deemed
a partner or joint venturer with LESSEE or associate in any
relationship with LESSEE other than that of landlord and tenant by
reason of the provisions of this Lease nor shall LESSEE for any purpose
be considered an agent, officer of employee of CITY.
20. Hold Harmless and Indemnification:
A. Lessee shall hold harmless, indemnify and, upon request
of the City, defend_the City and its officers,
employees, servants and agents from any claim, demand,
damage, liability, loss, cost or expense, for any damage
SR/CTZN. LSE/CONTRACT 11
whatsoever, including but not limited to, death or
injury to any person and injury to any property, arising
from, or in any way connected with, the performance of
this Agreement, except such damage as is caused by the
sole negligence of the City or any of its officers,
employees, servants or agents.
B. The City does not, and shall not, waive any rights that
it may have against Lessee by reason of subparagraph A
above, because of the acceptance by the City, or the
deposit with the City, of any insurance policy or
certificate required pursuant to this Agreement. Said
hold harmless and indemnification provision shall apply
regardless of whether or not said insurance policies are
determined to be applicable to the claim, demand,
damage, liability, loss, cost or expense described in
subparagraph A hereof.
21. Insurance:
A. Lessee shall secure from a good and responsible company
or companies doing insurance business in the State of
California, pay for, and maintain in full force and
effect for the duration of this Agreement the policies
of insurance required herein and shall furnish to the
City Clerk of the City certificates of said insurance
within five (5) days after the execution of this
Agreement by the parties. Notwithstanding any
inconsistent statement in any of said policies or any
SR/CTZN. LSE/CONTRACT 12
subsequent endorsement attached thereto, the protection
offered by the policies shall :
(i) Name the City and its officers, employees,
servants and agents as additional insured with
Lessee, whether liability is attributable to
the Lessee or the City;
(ii) Insure the City and its officers, employees,
servants and agents while acting in the scope
of their duties under this Agreement against
all claims, demands, damages, liabilities,
losses, costs or expenses arising from, or in
any way connected with, the performance of
this Agreement by the Lessee or the City;
(iii) Bear an endorsement or have attached a
rider executed by a duly authorized officer of
the insurance company, whereby it is provided
that such policy provides primary coverage and
that any other policy that may afford coverage
to the City shall be excess over, and not
concurrent with, such policy.
(iv) Bear an endorsement or have attached a rider,
executed by a duly authorized officer of the
insurance company, whereby it is provided
that, in the event of expiration or proposed
cancellation of such policy for any reason
whatsoever, the City shall be notified by
certified or registered mail , postage prepaid,
SR/CTZN. LSE/CONTRACT 13
return receipt requested, not less than thirty
(30) days before the expiration or
cancellation is effective.
B. Consistent with the provisions of this Section, Lessee
shall provide public liability, property damage and
products liability insurance as follows:
(i) Public liability, including injuries or death
to any one person, property damage and
products liability insurance with a single
combined liability limit in the minimum amount
not less than $1,000,000 on account of any one
occurrence.
(ii) If determined necessary by the City and after
sixty (60) days written notice to Lessee,
Lessee shall increase the amount of public
liability and property damage insurance
coverage, as determined necessary by the City
to provide adequate coverage.
C. In the event that LESSEE shall fail to take out and keep
in effect such policy or to furnish evidence thereof to
CITY, CITY may, at CITY'S option, procure the same, pay
the premium therefor, and collect same from LESSEE.
22. Waiver of Subrogation: LESSEE and City each hereby release
and relieve the other, and waive their entire right of recovery against
the other for loss or damage arising out of or incident to the perils
insured against under Paragraph 14, which perils occur in, on or about
the Premises, whether due to the negligence of City or LESSEE or their
SR/CTZN. LSE/CONTRACT 14
agents, employees, contractors and/or invitees. LESSEE and City shall ,
upon obtaining the policies of insurance required hereunder, give
notice to the insurance carrier or carriers that the foregoing mutual
waiver of subrogation is contained in this Lease.
23. Authorized Agent of CITY: The Moorpark CITY Manager is the
duly authorized agent of CITY for purposes of this Lease, and as to any
obligations assumed herein by LESSEE, they shall be performed to the
satisfaction of said City Manager.
24. Breach by LESSEE: In the event of the breach by LESSEE of
any term, condition, or agreement herein contained, other than the
nuisance provisions in Paragraph 5 hereof, and the failure to cure such
breach within fifteen (15) days after written notice has been given to
LESSEE by CITY, this Lease and privileges herein granted shall be
terminated and of no further force or effect, and LESSEE shall
immediately surrender possession of the premises hereby granted, and in
the event CITY has to resort to legal action to enforce any provision
hereof, or to obtain restitution hereunder, the prevailing party in any
such action shall be entitled to its reasonable attorney's fees to be
paid by the losing party as fixed by the Court. Providing further,
that in the event LESSEE breaches this Lease and abandons the property
before the end of the term of it LESSEE'S right to possession is
terminated by CITY due to a breach of this Lease, CITY shall have the
right to recover from LESSEE damages provided in State of California
Civil Code Section 1951. 2. This clause shall not be construed to limit
any right or remedy which CITY may.- become entitled to as a matter of
law or by reason of the action(s) or failure(s) to act of LESSEE.
SR/CTZN. LSE/CONTRACT 15
25. Waiver of Breach: The waiver by CITY of any breach by LESSEE
of any provision contained herein shall not be or be deemed to be a
waiver of such provision, or a waiver of any other prior or subsequent
breach thereof, or a waiver of any breach of any other provision
contained herein.
26. Bankruptcy: In the event that (a) LESSEE shall fire a
voluntary petition in bankruptcy or shall be adjudged a bankrupt in any
involuntary bankruptcy proceeding; (b) any voluntary or involuntary
proceeding for the reorganization of LESSEE shall be instituted by
anyone other than CITY under any of the provisions of the bankruptcy
laws of the United States; (c) a receiver or judicial trustee or
custodian shall be appointed for LESSEE, or any lien or any writ of
attachment, garnishment, execution, or distraint shall be levied upon
any of LESSEE'S rights or interest under this Lease; or (d) there shall
be any other assignment of any of LESSEE' S rights or interest under
this Lease by operation of law, then in addition to any and all other
rights and remedies available to it, CITY may, at its option by written
notice to LESSEE, terminate this Lease and all rights and interest of
LESSEE and all other persons under this Lease. The term "LESSEE" as
used in this paragraph, includes any individual , partnership,
corporation, or governmental entity, who is a LESSEE hereunder, even
though several individuals, partnerships, corporations, or governmental
entities are such, and includes each partner of any partnership which
is LESSEE hereunder. Any consent by CITY to any sublease, rental ,
assignment, transfer, mortgage, or conveyance shall not be deemed or
construed as a consent to any other different or subsequent sublease,
rental , assignment, transfer, mortgage or conveyance.
SR/CTZN_LSE/CONTRACT 16
27. Quiet Possession: CITY does hereby covenant and agree with
LESSEE that LESSEE, keeping and performing the covenants and agreements
herein, shall at all times during the term of the Lease peaceably and
quietly have, hold, and enjoy the demised premises without suit,
trouble, or hindrance from CITY.
28. Surrender of Premises: On the last day of said term, or
extension thereof, or sooner termination of this Lease, LESSEE will
peaceably and quietly leave, surrender, and yield up to CITY the
demised premises in as good condition and repair as at the commencement
of LESSEE'S occupancy, reasonable use and wear thereof and damage by
earthquake, public calamity, by the elements, by act of God, or by fire
or other circumstances over which LESSEE has no control , excepted.
29. Removal of Furniture, Furnishings, Equipment and Fixtures at
Termination: Upon the termination of this Lease, for any reason other
than LESSEE'S failure to perform its obligations under the terms and
conditions of this Lease, LESSEE shall have the right, at LESSEE'S sole
cost and expense, to remove all furniture, furnishings and equipment of
whatsoever kind or nature placed on the demised premises by LESSEE or
its contractors so long as they could be removed without damage or
disfigurement to the demised premises. Full restoration of the demised
premises as it existed prior to the placement or the installation of
said furniture, furnishings, equipment and fixtures shall be made by
LESSEE. If after the termination of this Lease LESSEE has not removed
said furniture, furnishings, equipment and fixtures, then CITY shall
have the option to claim the ownership thereof or to remove same and
restore the demised premises as set forth above at the expense of
LESSEE. Said expense shall also include consideration for the
SR/CTZN. LSE/CONTRACT 17
additional time LESSEE or its improvements occupy the premises beyond
the termination date and disallow the CITY'S total utilization of the
premises pursuant to its ownership of the property.
30. Nondiscrimination in Providing Services and
Participation in Activities:
A. LESSEE shall provide services and allow participation in
activities to any person determined to be eligible to
receive services or participate pursuant to the
provisions of the Older Americans Act of 1965, as
amended, and this agreement, whether or not any such
person is a member of the Moorpark Senior Citizens Club,
unless such person is considered to be a source of
disruption to other persons receiving services or is not
capable of benefiting from such services.
B. In providing services, LESSEE shall not discriminate
against any person because of race, color, religion,
national origin, ancestry, sex, age, or condition of
physical or mental handicap.
C. LESSEE hereby agrees that it will comply with Section
504 of the Rehabilitation Act of 1973, as amended (29USC
8794 et seq. ), and all guidelines and interpretations
issued pursuant thereto, to the end that no otherwise
eligible disabled or handicapped person shall , on the
basis of handicap, be excluded from participation in, be
denied the benefits of, or otherwise be subjected to
discrimination under any program or activity of the
LESSEE.
SR/CTZN. LSE/CONTRACT 18
31. Use of Alcoholic Beverages: LESSEE, at its option, may allow
the serving of alcoholic beverages on the demised premises. Use of
alcoholic beverages on the demised premises shall at all times comply
with the requirements of the State Alcoholic Beverage Control Board.
If on site sale is provided, the LESSEE shall obtain the appropriate
permit(s) from the CITY in addition to compliance with the ABC
regulations.
For rentals to private parties, as approved by City pursuant
to this agreement, where alcoholic beverages are served, LESSEE shall
monitor such activity to insure compliance with all State and local
laws, rules and regulations, in addition to complying with the
provisions of Section 6. Assignment and Subletting.
32. Miscellaneous Provisions: The parties further agree that:
A. LESSEE shall , at all times during the term of this
Lease, provide City and the Ventura County Sheriff' s
Department with a set of keys to all outside doors of
the building located on the demised premises.
B. The use and operation of the demised premises along with
the furnishings and equipment leased hereby, shall be at
the sole risk and expense of the LESSEE.
C. The parties agree that this agreement shall be binding
upon their legal representatives, successors, and
assigns.
D. Should interpretation of this Agreement, or any portion
thereof, be necessary, it is deemed that this Agreement
was prepared by the parties jointly and equally, and
shall not be interpreted against either party on the
SR/CTZN. LSE/CONTRACT 19
ground that the party prepared the Agreement or caused
it to be prepared.
E. No waiver of any provision of this Agreement shall be
deemed, or shall constitute, a waiver of any other
provision, whether or not similar, nor shall any such
waiver constitute a continuing or subsequent waiver of
the same provision. No waiver shall be binding, unless
executed in writing by the party making the waiver.
F. 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 Agreement or as a result
of any alleged breach of any provision of this
Agreement, the prevailing party shall be entitled to
recover its costs and expenses, including reasonable
attorney' s fees, from the losing party, and any judgment
or decree rendered in such a proceeding shall include an
award thereof.
G. Nothing contained in this Agreement shall be deemed,
construed or represented by the City or the Lessee or by
any third person to create the relationship of principal
or agent, or of a partnership, or of a joint venture, or
of any other association of any kind or nature between
the City and the Lessee.
33. Incorporation of Prior Agreements and Amendments: This Lease
contains all agreements of the parties with respect to any matter
mentioned herein. No prior agreement or understanding pertaining to
any such matter shall be effective. This Lease may be modified in
SR/CTZN. LSE/CONTRACT 20
writing only, signed by the parties in interest at the time of the
modification.
34. Severability: The invalidity of any provision of this Lease
as determined by a Court of competent jurisdiction, shall in no way
affect the validity of any other provision hereof.
35. Venue: If either LESSEE or CITY initiates an action to
enforce the terms hereof or declare rights hereunder, including actions
on the bonds, the parties agree that the venue thereof shall be the
County of Ventura, State of California.
36. Captions: The use of paragraph headings in this Lease is
solely for convenience, and they shall be wholly disregarded in the
interpretation of this Lease.
37. Covenants and Conditions: Each provision of this Lease
performable by LESSEE shall be deemed both a covenant and a condition.
38. Corporate Authority: Each individual executing this Lease on
behalf of said LESSEE corporation represents and warrants that he/she
is duly authorized to execute and deliver this Lease on behalf of said
corporation, and that this Lease is binding upon said corporation in
accordance with its terms. LESSEE shall , within thirty (30) days after
execution of this Lease, deliver to the Moorpark City Manager a
certified copy of a Resolution of the Board of Directors of said
corporation authorizing or ratifying the execution of this Lease.
39. Time is of Essence: Time is hereby expressly declared to be
the essence of this Lease and of each and every provision thereof, and
each such provision is hereby made and declared to be a material ,
necessary and essential part of this Lease.
SR/CTZN. LSE/CONTRACT 21
•
r
40. Notices: All notices herein provided to be given, or which
may be given, by either party to the other shall be deemed to have been
fully given when made in writing and deposited with the United States
Postal Service, Registered or Certified, postage prepaid and addressed
as follows:
To the LESSEE: Moorpark Senior Citizen Club
799 Moorpark Avenue
Moorpark, CA 93021
To the CITY: Moorpark City Manager
799 Moorpark Avenue
Moorpark, CA 93021
The address to which the notice shall be mailed, as
aforesaid, to either party may be changed by written notice given by
such party to the other, as hereinbefore provided, but nothing herein
contained shall preclude the giving of any such notice by personal
service.
IN WITNESS WHEREOF, the parties hereto have executed this Lease on
the day and year first hereinabove written.
CITY OF MOORPARK MOORPARK SENIOR CITIZEN B
i ' By: • . ..,J ' _ ., By:-/-6,1"://,/
,1" ' -� :? 1,„/":..."?...�t�' -t
Mayor, Eloise Brown Pres}1dent
By( - `� L C4-i4-z�"---/
Secretary
SR/CTZN. LSE/CONTRACT 22
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EXHIBIT "B"
1. 100 folding chairs, Model 33
2. 10 folding tables, Model M078
3. 2 table trucks, Model M
4. 2 chair trucks, Model M
5. 2 Wolf Range & Broiler Model , S/N DSS5530HT (DDS-0-26)
6. S.S. range hood
7. Ternaduke Steam Table, S-S-SR
8. Traulsen 6-door reach thru table REF-RHT 80 PUT (REF 05-01)
9. Arrowhot table, Model 201 EN
10. Stainless steel work table
11. Traulsen 2-door freezer - CLT 134JT, S/N 1099 (REF 04-01)
12. Stainless steel sinks and garbage disposal
SR/CTZN_LSE/CONTRACT 24