HomeMy WebLinkAboutAGENDA REPORT 1991 1002 CC REG ITEM 11C map
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MOORPARK
ng
04.41,
o` �� r✓;oORPARI�,
09-� m 799 Moorpark Avenue Moorpark, California 9307Ct Cou c eEfl� 4
7 of 44. L 1991
ACTION:1
MEMORANDUM 6y
TO : The Honorable City Council
FROM : Philip E . Newhouse, Director of Community
Services
DATE : September 27 , 1991
• SUBJECT : Consider Revising the Senior Center Lease
Agreement
This item was previously presented to the City Council at
your September 4, 1991 meeting. Action taken was to continue
the item to your October 2, 1991 meeting.
The Moorpark Senior Citizens, Inc . , is requesting the current
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 .
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
9/27/91
The Seniors requested Lease Agreement changes described in
the August 29, 1991, report to Council have been incorporated
in the attached Senior Center Lease Agreement . Additionally,
the City Attorney has reviewed the Seniors ' requested lease
changes and recommended language for those changes and
language for additional lease changes, which have been
incorporated into the attached Lease Agreement .
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% 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 . "
At that time, 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 .
•
The Honorable City Council
Page 3
9/27/91
Staff has misstated this . It should read "the term of
office shall be for the calendar year . "
The Public Works/Facilities Committee met a second time on
September 24, 1991 with staff and representatives of the
Senior Center, Dr . Braun, President , and Vina Milburn,
Chairman, Room Reservation Committee, to further discuss the
Senior Center Lease Agreement .
After further discussing the Lease Agreement, the Public
Works/Facilities Committee recommends to the City Council the
Senior Center Lease Agreement be amended as follows :
PUBLIC WORKS/FACILITIES COMMITTEE RECOMMENDATIONS :
1 . This agreement may be terminated with or without cause
at any time be either party with no less than one
hundred eight ( 180 ) days ' written notice of such
termination .
2 . The term of the lease shall be for ten (10) years as
stated in the original lease; November 1, 1988 to
October 31, 1998 .
3 . Delete the reference to a second group using the
facility but require the Seniors ' By-Laws to have
election of either seven or eight board members and
election of officers on the Board on an annual basis .
4 . The Senior Citizen and City Attorney recommended changes
in the August 29, 1991, staff report be incorporated
into the Lease Agreement .
Attachment : Revised Senior Center Lease Agreement
ITEM��• MO,ORPARK
799 Moorpark Averaur Moorpark, California 93021 (805) 529 -6864
�ORPARK, CAUFORNIA
EityCou�.n/cu Meettng
of _-? � % i 1991
ACTION:
MEMORANDUM
TO: The Honorable City 2ouncil BY
FROM: Philip E_ Newhous «�, Director of Communit
Services
DATE: August 29, 1991
SUBJECT: Consider Revising the Senior Center Lease
Agreement
The Moorpark Senior Citizen,, Inc., i_s requesting the current
Senior Center Lease Agreemen be revised. This request is
predicated upon the reorganiz -_icn of their program.
BACKGROUND
The original Senior Center ;ease Agreement was executed on
November 1, 1988, between •l -x City and the Moorpark Senior
Citizen Club; a non - profit <:e p<>rat::ion formed of Seniors aged
55 and older which reside wit i;i the City limits of Moorpark.
The term of the lease was t > ten y+ ars, expiring on October
31, 1998.
The Lease Agreement
stipula,
-. conditions under which the
Senior
Citizens Club
may c:p�
r,rt e *.he
Senior Center, which
encompasses
a kitchen
and inee
,riu rcom
of approximately 3,50'7
square
feet located
at t tl,-,
>c tithes n
end of the Community
Center
Building at 799
Mooi�-p—
k Aveiiise;
the former City Hall
area of
the Community
Cent( -r
:i 1 3 rr .
Staff began meet ing with ,rL )ups representatives of the
Senior Center in May, 1991, t) (1i cuss the possibility of
revising the Senior Cente: as Dr. Braun, President of
the Senior Citizens, Ir( _a, been their primary
representative and has me,1,1 _11.0 discussed with staff the
changes requested by the Sc ii it : Inc. , group.
REQUESTED LEAS-_: AGREEMENT
The Lessee' _ equested Lea '�rtr( =e rient changes are listed
below as they appear in th< Aq cement::
PAUL W LAWRASON JR BERNARDO M PEREZ 9D rT' MONT:,OMO'l ROY E. TALLEY JR JOHN E. WOZNIAK
Mayor Mayor Pro Tem )alme mb'r Councilmember Councilmember
The Honorable C: --y Council
Page 2
8/29/9-1
Page 1. 1. Change the nam, of the Senior group from
Moorpark Sen._io Citizens Club to Moorpark
Senior Cit i 7er inc. --
2. Revise the scar, rf foot age from 3160 to 3507.
3. Change the aye,
-o 60 years cf
age to recogn_i
of California
Agency on A { .
support serer
def'i.ntion of a senior from 55
aqe- .. '''his reflects the current
°e 3eni.or citizens by the State
and the Ventura County Area
rq for grants and additional
Page 2. 1 .. Section 2. m :>f the lease to be ten years
from the dare: h,, Lease revisions approved by
City Counci
Page 5. 1.
Section 6 A�-,a-._gDMen and Sublettincr. The
number of da,,rr
for Lessee to notify the City
of proposed
Turd - aising activities be
increased .. ,
i ten (10) to twenty (20)
calendar day,
pith .he City responding at
least ten ( (
calendar days prior to the
proposed eve,
Page 6. 1.
The word
ip" be added to the last
sentence of .i,
se-_:ond paragraph.
2.
The size of -7,
hullet:in board provided by the
City be incr-t
e(i from twelve square feet to
twenty five
Page 8. 1.
Section 7__4 <:r4:,_isns>E
Pre_mi�PS. The words
"defects, Lit
t ind,i )r" be deleted from the
first senteric
Page 9. 1.
Section 10. 1
,nq, rt_,� words "water and
sewer" to re,
a 1 : )t `ier utilities.,,
2.
Section 11. t
,n� 1, "L-s see" to "City" and add
"that will di-
t-1) ._,e Wfit the Lessee" to the
end of the
Page 10. 1.
Section 12 ]nyenar
To Lessee's
responsibil_ii
add the words "if abused"
behind kitch—
q 1 _pme:it and delete electrical
wiring; and , c
( i t .r ' I responsibilities, add
"electrical r
n{ anc kitchen equipment under
normal use. " I
r -hers equipment shall mean the
range and
arbage disposal, wall
C___
The Honorable City Council
Page 3
8/29/91
mount pre --r _nse faucet, -_ refrigerator and
freezer, steam tables, work tables and sinks.
Page 12. 1. S . _ i can 1 5
"B, " City s
comply wi t t3
rules, regal
whatever, prt
state, count,,
any way app
..'OM12Li.aacQ with T,aw. Add section
a1__, at its expense, promptly
any and all laws, ordnances,
bons, requirements, and orders
sent or future, of the national,
01- city government which may in
t <) the Senior Center.
Page 22. 1. section
delete
the
:,'orris
ro ,i i On.
"and the Ventura
part A
County
Sheriff's
Dep.rtment
with a set of keys
to all
outside
doors
of the
building" and add
"with
master
building
key
eyed
to the Community
a
Center
= 11 I_d
demised
ma,
.er key located
on the
pror, i
Page 25. 1. Change add-e
Avenue to E"
Additionally, throughout tl,r�
of the Moorpark Senior C,.,
Citizens, Inc. to reflect
place. The current electel
the group's name as part of
&TTORNEY REVIEW
cf ` e�,see from "799 Moorpark
Fcx 71"'2, Moorpark.
.ease :agreement, change the name
_zens _'lub to Moorpark Senior
I reorc_:anization that has taken
>enior citizen officers changed
i eor�tanization.
The City Attorney has review( .lie J. <:�ase changes requested by
the Moorpark Senior Citi2�1r Inc The language changes
previously stated above are commended by the City Attorney
to be used by the - CITY the Lease Agreement.
Additionally, the City A .* : r cornmended the following
lease chang(,s
Page — ] SeQtion 5 _.F u_ e - The City Attorney
originally rE, omrlend'd the City not employ
"self- help" r z( a nuisance without a court
order, or t } .it could be subject to
liability r t3K.in property without just
compensatio i A�'I e.r staff conferred with the
City Attor c f rther - explain how the
Senior Cent p rat. from a City facility,
the City At r c)r 'lured Section 5 did
need changii Dot
Page 1 . sect ion 16 ,fir
- -- I- Insurance.
This sectio- e 1 ced in it:s entirety as
f l:.Iows _
r
The Honorable City Council
Page 4
8/29/91
"Section --.
Work_ Insurance.
Lessee shall
obtain and maintain in full force
and effect t:roughout
the entire term of this
Lease Agr_ee,ent
full workers compensation
insurance .r
accord with the provisions and
requirements
)f. the Labor Code of the State of
California,
Endorsements that implement the
required C
vei-age shall be filed and
maintained w
~:h the City Clerk throughout the
term of t-hi
Leaser Agreement. The policy
providing (_— ))%
_,rage shall be amended to provide
that the in:.
_lrance shall not be suspended,
voided, caroled,
reduced in coverage or in
limits excf -rp
afters thirty (30) days' prior
written r,ct
by certified mail, return
receipt r(< a
st.ed, has been given to City.
The policy if
: l.l. alr o be amended to waive all
rights of „
:rogati :)n against the City, its
elected or
OEc:intr,d officials, employees,
agents or .,, c
tr:>F s f' I losses which arise from
work perfc r -n
t r, t r� named insured for the
City."
C Page 15. 1 . section 20., _iml
ess and TnriPmn i f; !. +
This sect
rer aced in its entirety as
follows:
i d�f
_'S Qtion 20 _ . i f iQat ion.
A . Indemn i_ ,
,_ LLi_ >n _
_a f_, i
C. tv. Lessee agrees
that it sj
prot,_ct,
defend with counsel
approved b? c
wf
._ch approval shall not be
unrea-sonab_i
w ._, hne
t, :i, indemnify and hold
harmless ti
.1 t 3
officers, employees and
agents fro;n
liabilitic�:
c ,,,a
nst any and all losses,
damages, 1i t
1 if
I claims,
�r judgments, including
attorney's
r: _
Lr,g out of or resulting
>,i any way
Lease, unl ,:,:
z
Lessee's exercise of the
negligence
w�Lifn1
la i m is due to the sole
acts of the City, its
offiicers, .tn
Y :, ->>
i <fents or contractors; or
the C:t
f apt
t this Lease to Lessee.
Subject to
this indemnification
acid upon +
he City, made by and
through th(>
rney, the Lessee shall
appear - in s
i d�f
�n�i the City and its
0 f f icers,
rid agents in any claims
or actions
r�,
ill iicial, administrative
The Honorable City Council
Page 5
8/29/91
or o_ thP_r_wise arising out o-f -the - -- axer-cise _of_
the Lease Aqr cement .
B. Ind mr if. cation. of ssee. City shall
indemnify, d °.fead with counsel approved by
Lessee, wh ch approval shall not be
unreasonably withheld, and hold the Lessee,
its affiliatF:> and their respective officers,
directors, em:loyees and shareholders harmless
from and ig, >nst any and all liabilities,
losses, dan;a es, c .a:ims, actions, causes of
action, :'o ,r: and expenses (including
reasonable attorney's fees) arising from or
resulting it ny way from Lessee's exercise of
the Lease, ut:. Only if due to the sole
negligencE: I. i ful acts of City, its
officers, om.p ee agents or contractors."
Page I . Section 21 _ , =u� This section be
replaced i:,. i entirety as follows:
"Sect ion 21
Lessee shad
and effect tr.
Lease Agree, n,
General Li 31
minimum I i r
(S1, 000, 00")
DOLLARS ( I
bodily
self -insu
$'_0,000.00
availabili-
shall be do,.
City Managf�;
Lessee and
bodily inj.
w c, I I as f: c?
wt ich may
pursuant tc;
operations Ir
agents, emp
of the poll
above requ
filed wit:t .
following e;lc
a part of
this Sect icy.
_. -'_ bl.IQ Liability Ins ran e.
:stain +nd maintain in full force
>, <c hou i the entire term of this
"';t •:a F <road Form Comprehensive
i_ 0 currence) policy with a
Of ONE MILLION DOLLARS
agcxregate and ONE MILLION
(,000 00) per occurrence for
anJ property damage, with any
i et(,nt ion not exceeding
cc:,cL i nce. The continuous
the self- insured retention
ra t:F' l to the satisfaction of
Sa:d insurance shall protect
n iriy claim for damages for
inc:u=ing accidental death, as
for property damage
`r m operations performed
e; Agreement, whether such
ty ssee itself, or by its
e ; an,i /;Dy- subgrantees . Copies
E >ricrsements evidencing the
2, uxance coverage shall be
t Clerk. All of the
sE IT c" t are required to be made
,_rra ce p(5licies required by
(1r The Cit % , t E _.- mployees, agents, Grantees
and officer. P���r �l >� added as insureds as
The Honorable City Council
Page 6
8/29/91
respects liability arising out of activities
performed ty or on behalf of Lessee.
(2) This P,
insurance a
collectibl..(>
including
may have, a
does posse:'_
insurance :n
iicy sti.all be considered primary
respects any other valid and
insurance the City may possess
self - i.nsured retention the City
d any other insurance the City
Shall be considered excess
:,hall. ,lot. contribute with it.
(3) Th_s irsurance shall act for each
.insured, as hough a separate policy had been
written for �,Ach. This, however, will not act
to increasr,> the' limit of liability of the
insuring it y .
(4) Thirty
3(1) da,yrs prior written notice by
certified
i , return receipt requested,
shall be q
n to :he City in the event of
:;uspensir °i
- ,incellation, reduction in
c-overage ()a
n _ mi "_s or non -- renewal of this
policy for ri
ate ✓er reason. Such notice shall
k)e sent tc
:.. r , 1 erk:
The
limit:_
,ucy insurance coverage, and
companies,
a ]. t� subject to review and
approval. ],,,
h.? Ci.y Manager every year and
may be in:irt
se(i at that time and match the
coverage l.:
ded b; the City's own liability
insurance
cy essee, shall increase the
limits of
insurance coverage not later
than ten
c }s after receipt of City's
written nc r
t c) c r : >o,. The City shall be
included
nIA rn(I insured on each of the
Policies,
nd�,�-)rsement s.
A . Modif _.;,s:
ice_. 'he insurance requirements
provided t,f,
r may be modified or waived in
writing by
C y Council upon the request
of Lesse _ �
i ied the City Council
determineL
h m(,d i f ic:ation or waiver is in
the best i:t
f City considering all
relevant f_i�
B. Insi_ir�i
Sov _s) e . Contemporaneously
with the
)i this Lease Agreement,
Lessee sh
I i)of 1_t copies of insurance
policies
c I, d r errierILs evidenci -ng the
existence �
i;s of insurance required
�
P irrsuant t:
„c � �� A re
g emen � . "
The Honorable City Counci..
Page 7
8/29/91
• Maltese W� .
Staff met with the Council F;biic Works /Facility Committee on
August 5 to review the Leas, Agreement changes requested by
the Moorpark Senior Citizer., 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 at�:.orney
An additional. lease change
equested by the Moorpark Senior
Citizens, Inc., not previc)u
ly discussed but considered by
the Public Works /Facilit..ie
Committee was to delete the
reference in Section 2, _T�_;:m,.
which stated "in the event
another senior citizens r;an_.zat.ion
organized as a non-
profit corporation of the S
a?.e of- California and having a
membership of at least s.i '<t,;
150) senior citizens with at
least 759 of said member:ri_
r >siding within the corporate
boundaries of the City of` �1O
lrp,trk and said organization has
requested in writing that t_°
City consider its use of the
demised premises and that i.
-n Comply with all terms and
conditions of this Agreement
r >u:h event, It shall be the
desire of the City to h�,,E,
all gial.ifying senior citizen
organizat i(:�ns s!iare and -
o a,:f. in use of the demised
premises."
The Committee concurred the ar,c:uag(, as stated above, which
related to allowing a sec:c)i;I groud meeting all the Senior
Center Lease Agreement cord t: orris to share the use of the
Senior Center, be deleted )rr the Lease Agreement provided
the followi nc; language is A t ) tt.e Lease Agreement
the Senior Center is o}�c
Moorpark
meeting the e_;
of p�;yinq
any men I
organization
agrees _
Board :_)f
Directors and
recently
adapted (Jul,
By- laws,
Ar•.icle 7,
Office -,
which states
for tw! ) (:
, years he
available to any Senior in
ti:�i.l it y requirements regardless
dues; and the Senior
h� J annual elections for the
fi =er, This would require the
t'91) Moorpark Senior Citizens
is 3oc_dy, Sect ion 5, Term of
f c -r for the Board shall be
tc ) cr;e (1) year.
If the Moorpark Senior Cit I'c., elect not to change
Article 7, Section 5, of i HY laws, then the language
allowing a second group mc,, c t. lie eligibility requirements
as stated in Section 2, Te c r },. Iea:;e, shall remain in
the Lease Aq reen1e �r_ ,
Elimination of tree languay< n E;ec, ion 2 as recommended by
the Moorf_;ark Senior ize_rs Inc., and Public
Works /F ;�cil:ti(:,s Committee i i ic-)c,siste,nt with other City
LFA-
The Honorable City Council
Page 8
8/29/91
agreements. In either cast. staff recommends the reference
--
to a second group - - - -- _ -_ -.
g p rem.iin in the Lease Agreement.
Additionally, staff recomme ds the following clause be added
to the Lease Agreement
"Lessee hereby grants 11 ) City, and City hereby grants to
Lessee the right to to minate this lease and City retake
possession of the e-it :._re Premises (Senior Center) by
either party giving wr tt.en notice to the other party at
least ninety (90) i. pr .-Dr to the date of such
retaking."
1. Approve the lease chain
by the City Attorney
2. Delete the language i
that would allow more
the Senior Center at
Center is open and aj,
meeting tine eligibil
paying any membership
elections for the
not, the language
currently stated in tr(
3. The term of the lea_(.
September c, 1991, t:
STAFF POSITION
.es in •:he language as recommended
2, fur, of the lease
ha ,i one group of Seniors to use
ie same time provided the Senior
.1 aol.e to any Senior in Moorpark
requirements regardless of
dues„ and agrees to hold annual
D. rectors and officers; If
2 to remain as it is
sc Agreement.
>e ..31- a period of ten years;
p- F mbe 3, 2001.
1. Concurrence with Itr: °n 1 3rid 3 as recommended by the
Public. Works /Facilit iE , ,rr,rnitl ee.
2. Retain Section 2, n is entirety as currently
state,,1 in the Lease?c
3. Add clause for ninety 9 +) --ia,r termination of lease by
either party as rOCCIM11 its n staff report.
4. Direc ?- staff to moni Erects of the lease changes
and report back to C.:;I,l : r i � months the findings.
O_TAFF RE OMMFNDATION
Direct staf f as Deemed apj i , i I
PEN:db
Attachment:,
-- - - - - -- --- SE T-h
NJ0R - GIFty C`F -ER- LEASE AGREEMENT__ -_—
Revised October 2, 1991
THIS LEASE AGREEMENT ("Lease"), executed at Moorpark,
California, this day of 19—, by and
between the CITY OF MOORPARK, it p +)litical subdivision of the State
of California, hereinafter referred to as ' 'ITY' and the MOORPARK
SENIOR CITIZENS, INC., a non - profit ci �rporation of the State of
California, hereinafter referred to as 1,1 SSLE."
WITNESSL'I H:
WHEREAS, CITY is the owner of i hiiilding known as the
MOORPARK COMMUNITY CENTER; an(,!
WHEREAS, CITY is desirous of niaking an approximate 3,507
square foot area of the Moorpark Coinriunity Center available for
Senior Citizen activities and to designat , tiifch :area as the Moorpark
Senior Citizen Center; and
WHEREAS, LESSEE is desirous )I leasing ;aid building to
provide senior citizen activities and prt grams; and
WHEREAS, Senior Citizen shall n.t ,,an a pt,rson age sixty (60) or
older;
NOW, THEREFORE, IT IS MUTUALI ) .,\i3REE'D AS FOLLOWS:
1. Premises: CITY, for and n� consideration of the covenants,
conditions,
agreements and
stipulations
herein
-,et forth, does hereby
demise and
lease to LESSEE,
and LESSH
hereby
hires from CITY,
- - those - -certain premises situated - -
-at 799
Moorpark
Avenue, Moorpark,
Ventura County, California, and
more
particularly
described as
follows:
A. Approximately 3,507 squar,.� feet of the building referred
to as the Moorpark Cornmunity Center located at 799
Moorpark Avenue, Moorpark, Ventura County, California.
This does not include anti f the patio areas.
The above - described prem e , es are as shown in attached
Exhibit "A."
2. Term: The term of this Lc°ase shall be for ten (10) years,
commencing on the 1st day of Novemt)er, 1988, and terminating on
the 31st day of October, 1998. This Ir ase shall automatically be
terminated should the City provide ful: time staffing of the Senior
Center. This lease agreement may he terminated with or without
cause at any time by either party with+ no lens than one hundred
eighty (180) days written notice of u, h termination, except that City
may unilaterally terminate this agrecii ent upOn providing Lessee
sixty (60 ) days written notice for e,0 or of the following
occurrences:
A. Lessee ceases to have sixty (60) members; or
B. Lessee ceases to have at i ast seventy-five percent (75 %)
of its members residing �A 1111 F1 the corporate boundaries
of the City of Moorpark
3. Payments to CITY: LESSEN agrees to pay to CITY, in
lawful money of the United States, deduction or offset, the
parable in _advance _of_- he_
day of each and every year during the term of this lease,
commencing on November 1, 1988. LI- SSEE shall also reimburse City
for a portion of the costs for City prop rding refuse, natural gas and
electricity in connection with LESSEE'S use of the premises other than
as specified in sentence one of Paragraph The amount of monthly
reimbursement shall be as mutually agreed upon within sixty (60)
days after LESSEE'S occupancy of the )remises and may be
periodically adjusted as mutually agree upon. It is the intent that
such reimbursement reflect the portion of cost.; for refuse, natural
gas and electricity utilized as part of I :ssee's use of the premises for
other than those purposes specified in he first sentence of
Paragraph 5. LESSEE shall make the i ronthly payment to the City
within thirty (30) days after receiving )illing from City consistent
with the terms as mutually agreed up( i.
As additional compensation to C'i ��, lessee shall provide
volunteers as required by any Federal titate or County Agency or
other public or private organizations, a,, a condition of receiving any
funding to construct, operate or maznta n the premises or to conduct
and /or provide activities to senior citdi n,,, including but not limited
to nutrition programs. Said volunteer, hall nor become or be
deemed for any purpose as agents, ofti4:,rs or employees of the City.
Lessee's obligation to provide the Mot -mentioned volunteers shall
terminate when City receives grant f rr find to provide full -time
staffing for the premises.
- -- -- - 4. - Holdin Over: In the event
LESSEE shall hold over after
the term herein granted with the expr<
ssed or implied consent of
CITY, such holding over shall be a tera
tnc} only from month to month
and shall be governed by the terms, ,
,venants, and conditions
contained in this Lease.
5. Purpose: This lease is made
for the purpose of Lessee
utilizing the demised premises for use
s a Senior Citizen Center and
to serve as a meeting place for Lessee
and its members and to
provide social, health, nutritional, educ
ttional and other services to
senior citizens. The demised premises
nab not be used for any
commercial purpose. Lessee shall not
ise° the premises, or any part
thereof, or permit them to be used, lo °
any, purpose or purposes
other than the purposes herein specifies
Lesso.e shall have the right
to set rules to govern its own activitir
wMthir the demised premises
consistent with this paragraph and A
ether provisions of this
Agreement.
Lessee may conduct fund raisin"
tctivitie. open to the general
public such as bingo, bake sale, and JI
ITIP wi: h the prior written
approval of City. Lessee shall presen
s r _,que.,.t in writing to City at
least twenty (20) calendar days prior t,
the proposed event. City
shall respond at least ten (10) calendar
days prior to the proposed
event. City may set conditions of ap)r
hval as it deems necessary for
each such event. If bingo games are
:)proved pursuant to this
paragraph, all such games must be ��c�n�
uct('d F ,, Lessee and be
I
operated----- }n-- a-- rnanne_r_ consi ere —wit# all -applicable- City- and _Statue_____ -_
regulations, ordinances and laws governing the operation of bingo.
Lessee shall not do or permit to be done upon the premises,
any act or thing which constitutes a a uisance or which may disturb
the quiet enjoyment of City or any citt °en of City on adjacent or
neighboring property. Lessee further ;agrees, within 24 hours after
written notice is given by City that a mis:ance exists, to abate or
otherwise cause such nuisance to be c red In the event Lessee has
not taken corrective action within 24 �iours, then City may enter and
abate said nuisance at the expense of the Lessee without any liability
whatsoever to City for monetary lose )r anticipated profits of Lessee
or others.
The CITY shall have the right, u eth a minimum of three (3)
days notice, to use said facilities, equr)ment and furnishings as long
as such use does not conflict with a st heduled Senior Citizen activity
or program. Such use by CITY shall t .- exempt from any charge or
fee when used for public meetings or neeting,, for organizations of
which the CITY is a member or as it po! ling place The CITY will be
responsible for any damages to the hu Iding of furnishings or
cleanup incurred during CITY'S use ref the facility.
Lessee acknowledges and agrees than outside storage and
exterior and /or window signs are not termitted except to identify
the location at the entrance to the face it., and to announce activities.
To assist with the latter item, the City will provide an enclosed
bulletin board of a maximum size of verity -five square feet.
- - - -- - f -. - - -- Assignment and Subletting:-
LESSEE - further agrees not to
sublet or rent the demised premises
any part thereof, or assign,
transfer, mortgage or otherwise conve\
this Lease or any of its rights
and interest hereunder without the pr,
_)r vritlen approval of CITY.
Lessee shall present its request in w rr
rng to the City at least twenty
(20) calendar days prior to the propo,,-d Date for any sublease or
rental with the City responding at lea .t
ten (10) calendar days prior
to the proposed event. The City maN
set conditions of approval as it
deems necessary for each such reques
including, but not limited to,
the requirement for insurance covrraf
h,✓ tht� organization or
person(s) requesting the rental or subl
•ase with the City named as
additional insured and other provisi(.)n
ccnsistent with Section 21,
Insurance of this Agreement. Insurar:e
;hall be mandatory in the
event alcoholic beverages are served
If sublease or rental is
approved by the City, LESSEE may ,,ei
its own schedule of rental fees
for such use and is entitled to the pro,
c-ed; from such rental. In
addition to any other obligations unric
this afreement, Lessee shall
be responsible for the repair or replay
; _-nrent J windows, furniture,
furnishings and equipment, or the on
4 :tune necessitated by a
sublease or rental of the premises. I esee
also agrees to obtain a
Hold Harmless and Indemnification try
n tiny organization or
person(s) renting the premises on beh;ai
of tyre City and Lessee in a
form acceptable to the City and to scc ire
a damage and cleanup
deposit from any organization or pens(
n(s renting the premises.
LESSEE shall provide CITY with a _op
cif each agreement for rental
- - of- -th"r mis" -- Upon - - -41-9 receipt--of -an e-xec:uted copy thereof— __If_.
LESSEE sublets or rents the premises ''or public dances or similar
public assemblies or private parties, arid alcoholic beverages are
allowed to be served, LESSEE shall c(: )rdinate the event with the
Ventura County Sheriff's Departmen= o insure that adequate
security is provided and shall obtain any required permits therefor.
If, in the opinion of the Sheriff's 1)ep:crtment, adequate security is not
being provided by the LESSEE, the C,I'l Y shall have the right to
provide the necessary security, and [ +F SEE will be required to
reimburse CITY for all costs attributor to such occurrence.
In the event that LESSEE shay; ublc:t, assign, transfer, mortgage
or otherwise convey the premises ( ),r , s rights and interest
hereunder, or any part thereof, or atten pt to do so in violation of the
foregoing provisions, then in addition ) any and all other rights and
remedies available to it, CITY may, at its 3ption by written notice to
LESSEE, either declare such sublease, assignment, transfer, mortgage,
or other conveyance void, or terminate this Lc,tse and all rights and
interest of LESSEE and all other per,,w , hereunder. This clause shall
not be construed to limit any right w �, -mcdy which CITY may
become entitled to as a matter of lava
failure(s) to act of LESSEE.
r by reason of the action(s) or
7. Condition of Premises: LIB SSEE has inspected the demised
premises and knows the extent and :(- =idition thereof and accepts the
same in its present condition, subject and including all patent
defects.
-- 8.- - Alterations: LESSEE shall
make no structural
modifications to existing structures ol
make permanent
improvements or additions in or on tiie
demised premises without
written consent of the City Council rr
authorized agent first being
obtained, which consent shall not unr�-asonabl
y be withheld.
9. Furniture. Furnishings and_
Equipment: CITY has
ownership of certain furnishings and
- quipment purchased with City
funds and funds made available by V,
ntura County under Title III of
the Older Americans Act for the pur-po
se of providing senior center
services. A list of those items is cont�iined
in Exhibit B attached
hereto. CITY agrees that the furnishii
gs and equipment listed in
Exhibit B are principally for the belief
41t senior citizens for the term
of this agreement or the life of the t!
rniture and equipment
whichever is less and agrees to place r
iern in the Senior Citizen
Center. At the end of the term of this
agreement, the CITY may, at
its option, relinquish ownership of sii
t'urnishings and equipment to
the LESSEE. LESSEE shall have the u
e of thk.° furnishings and
equipment described in Exhibit B for
id programs conducted by
them at the Senior Citizen Center, arid
ESSEE agrees to maintain said
furnishings and equipment in a proper
mr,nneT and to repair and /or
replace said items as needed at their ,,,
'tense. �_ESSEE agrees to keep
an accurate inventory of the furnishtn
s tjnd equipment provided by
the CITY as part of this agreement any
to make said inventory
available to CITY upon request. LESSI.
°�, agree.,, that use of the
furnishings and equipment for other- 0
An ;eni�,r citizen activities
- shall—not - -exceed— more - -tha 4eft -- percent 1 "10 %a) of the time - the-----------
described furniture and equipment is ad . ilable. LESSEE shall have
the right to furnish and install furnitur •. and furnishings for its
operations with the right to remove th, same upon termination of
this Lease. LESSEE shall provide contt. nts insurance coverage for its
owned furniture, furnishings and equipment, and City shall provide
contents coverage insurance for items li, ted in Fxhibit "B" of this
Agreement.
10. Utilities: LESSEE, except �i , provided for in Paragraph 3 of
this agreement,
shall
be responsible for the cost
of
telephone and
cable television,
and
City shall be responsible for
all
other utilities.
I I. Utility Extension or Modification: CITY shall pay any and
all expenses that may be incurred in ot)taining the extension of
public utility services to the
demised
l remises
from existing utility
facilities or any modification
of same
i�iat will
directly benefit the
Seniors.
12. Maintenance: LESSEE shale keep the interior of the
demised premises, all improvements lo, ated thereon, including, but
not limited to, windows, restroom fixtu-es, kitchen equipment, if
abused, interior walls, floor coverings -ird plumbing in the kitchen
and restrooms, in good condition and r� pair during the term of this
Lease at their sole cost and expense, aid upon the termination of
said term, to surrender the demised prer>>ise!. to the CITY in as good
condition and repair as when first occ(�oiec, reasonable wear and
tear and damage by the elements excep� d City shall be responsible
-- for the- building exterior walls,-_-Electrical wiring, kitchen equipment
under normal use (kitchen equipment shall mean the range and
broiler, garbage disposal, wall mount pre -rinse faucet, refrigerator
and freezer, steam tables, work tables ind sinks), 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 rc placement of windows.
13. Damage or Destruction of Premises: CITY shall not be
required to build, rebuild, replace or rt -pai- the building of which the
demised premises are a part, in the eN ent said building is damaged
or destroyed in whole or in part by , ,iatever rneans. Providing
further, however, that in the event the buildinp of which the
demised premises are a part, is totalle darnaged or destroyed, this
Lease shall automatically terminate efts ctive on the date of such
damage or destruction. In the event r rmt-tial damage or destruction
to the building or any portion of the �� ',raised premises to the extent
that normal operations by LESSEE can of be (�.)ntinued, unless caused
by a negligent or willful act of LESSFU Ovs L.(,�ase shall terminate at
the option of either LESSEE or CITY u1� )n p;ivin notice in writing to
the other party within fifteen (15) day A'er ;uch partial damage or
destruction.
14. Property Insurance: City t its option, may obtain and
keep in force during the term of this Lc ►se a policy or policies of
insurance covering loss or damage to, +, I'remisc�s, but not LESSEE'S
fixtures, equipment or tenant improven, nis in an amount not to
e*C-P-ed--- th"-ull -- replacement vale thiere of, -- 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 °xtended perils ( "all risk ", as
such term is used in the insurance Ind istrv) but not plate glass
insurance.
15. Compliance with Law:
A. LESSEE shall, at its expense,°, promptly comply with any
and all laws, ordinances, r ,les, regulations, requirements,
and orders whatever, preset t or future, of the national,
state, county, or city gover�iment which may in any way
apply to the use, maintenam e, or occupation of', or
operations on the premises, including but not limited to,
fire codes and zoning reguations
B. CITY shall, at its expense, pomptly comply with any and
all laws, ordinances, rule,,, regulations, requirements, and
orders whatever, present m future, of the national, state,
county, or city government which may in any way apply
to the Senior Center.
16. Workers' Compensation _ Insurance. Lessee shall obtain
and maintain in full force and effect 0 rou'lhow the entire term of
this Lease Agreement full workers con,pensation insurance in accord
with the provisions and requirements o, the Lahor Code of the State
of California. Endorsements that impl�� ment the required coverage
- - - -- shall bg - -feed and maintained, with the
City Clerk- throughout the term
of this Lease Agreement. The policy
providing coverage shall be
amended to provide that the insuranc(,
shall not be suspended,
voided, canceled, reduced in coverage
)r in limits except after thirty
(30) days' prior written notice by ceri
fied mail, return receipt
requested, has been given to City. Th,
policy shall also be amended
to waive all rights of subrogation against
the City, its elected or
appointed officials, employees, agents
=r Grantees for losses which
arise from work performed by the naii
ed insured for the City.
17. Liens and Encumbrances_:
._ESSEF, shall keep the premises
and all structures and improvements .
ituated thereon free from any
liens or encumbrances arising out of
nv work performed, materials
furnished, or obligations incurred by LI
SSEE. or from any other
cause.
18. Right of Inspection: CITY shall have the right to enter
upon the demised premises at all reasE nable times to inspect the
premises and LESSEE'S operations rher on provided that CITY gives
LESSEE at least a twenty -four (24) hoer advance notice thereof and
to permit LESSEE'S agent to accompaw, CITY'S agent during such
inspection. CITY reserves all rights in . -ind with respect to the
premises, not inconsistent with LESSEE " use of the premises as in
this Lease provided, including (withoui lirritinr the generality of the
foregoing) the right of CITY to enter a )on the premises for the
purpose of installing, using, maintainin.. renewing, and replacing
such underground oil, gas, water, sc kk c° and ether pipelines, and
- such -- under --gTauPd--- or-- abov- e--- ground- telephone, telegraph,_ and -electric_
power conduits or lines as CITY may
teem desirable in connection
with the development or use of any (gym
her property in the
neighborhood of the premises. CITY' st
all compensate LESSEE for any
and all damage to LESSEE'S improvements
and personal property
caused by the exercise of the rights reserved
to this paragraph.
19. Negation of Partnership; c
ITY shall not become or be
deemed a partner or joint venturer a ,,9tl
LF.SSEFi or associate in any
relationship with LESSEE other than 01-it
of' landlord and tenant by
reason of the provisions of this Lease n
,r snail LESSEE for any
purpose be considered an agent, officei
of employee of CITY
20. Indemnification:
A. Indemnification of City, l
essee agrees that it shall
protect, defend with counse
approved by City, which
approval shall not be iwr(_asonably
withheld, indemnify
and hold harmless City, its
officers employees and agents
from and against any and ,
I losses liabilities, fines,
penalties, claims, damage,,,
liabilities or judgments,
including attorney's fees, it
1119 out of or resulting in any
way from: (i) Lessee's exec
ise of the Lease, unless such
claim is due to the sole net
Igelice -r willful acts of the
City, its officers, employees
agents or contractors; or (ii)
the City's grant of this Leas
to Lessee. Subject to the
scope of this indemnificatio
and upon demand of the
City, made by and through
he (.At} Attorney, the Lessee
-- -- shall appear in and defend the City and- its officers,
employees and agents in any claims or actions, whether
judicial, administrative of otherwise arising out of the
exercise of the Lease Agreement,
B. Indemnification of Lessee City shall indemnify, defend
with counsel approved b\ .essee, which approval shall
not be unreasonably withheld, and hold the Lessee, its
affiliates and their respects -,e afficers, directors,
employees and shareholder harmless from and against
any and all liabilities, loss( ,, damages, claims, actions,
causes of action, costs and e Kpenses (including reasonable
attorney's fees) arising frou or resulting in any way from
Lessee's exercise of the Lea e, )ut �,nly if due to the sole
negligence or willful acts ci ° C°iry, its officers, employees,
agents or contractors.
21. Public Liability Insurance °. Lessee shall obtain and
maintain in full force and effect throuk Flout thy: entire term of this
Lease Agreement a Broad Form Conip,~ hensivr, General Liability
(occurrence) policy with a minimum hini of ON]-- MILLION DOLLARS
($1,000,000.00) aggregate and ONE 1V[I[ ION DOLLARS
($1,000,000.00) per occurrence for h�: Ix injury and property
damage, with any self- insured retentw iot e,,ceeding $10,000.00
per occurrence. The continuous avafla,4Ihty of the self- insured
retention shall be demonstrated to the atisfaction of City Manager.
Said insurance shall protect Lessee and l'itl from any claim for
- - - damages- -for— bad- ity__iniury -- including accidental death, - as___well -as- -from
any claim for property damage which
may arise from operations
performed pursuant to this Lease Aga
Bement, whether such
operations be by Lessee itself, or bx
is agents, employees and /or
subgrantees. Copies of the policies, c>
endorse -,ments evidencing the
above required insurance coverage shal
be filed with the City Clerk.
All of the following endorsements are
equired to be made a part of
the insurance policies required by this
Section
(1) The City, its employees, agents, t
ramees and officers, are hereby
added as insureds as respects liability
arising gut of activities
performed by or on behalf of Lessee
(2) This policy shall be considered 1'
imary insurance as respects
any other valid and collectible insuran,
e the City may possess
including any self - insured retention the
City may have, and any
other insurance the City does possess
haV he considered excess
insurance and shall not contribute avith
ii.
(3) This insurance shall act for each
nstned, is though a separate
policy had been written for each. This
however, will not act to
increase the limit of liability of the in
Baring company.
(4) Thirty (30) days prior written not
ce by certified mail, return
receipt requested, shall be given to the
titer in the event of
suspension, cancellation, reduction in ct
verage or in limits or non -
renewal of this policy for whatever rca,
on. Stich 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 rrt;,tch
the coverage provided by
the City's own liability insurance polit...
Lessee shall increase the
limits of such insurance coverage not
later than ten (10) days after
receipt of City's written notice to do s4
The City shall be included as
a named insured on each of the polic
=.�s, or policy endorsements.
A. Modification. The insurance r
quirements provided herein
may be modified or waived in writing
by the City Council upon the
request of Lessee, provided the City
ourrcil determines such
modification or waiver is in the best i
,tert:sts �,)f City considering all
relevant factors.
B. Insurance Covera e. Conternpot
aneousl} with the execution of
this Lease Agreement, Lessee shall de�lOosit
copies of insurance
policies or endorsements evidencing th
(:- h.isterrce of policies of
insurance required pursuant to this I
°a,c Agreement.
22. Waiver of Subro ation: iA
SSFIE and City each hereby
release and relieve the other, and vv<ti
�� their entire right of
recovery against the other for loss or
anutge arising out of or
incident to the perils insured agains,
under Paragraph 14, which
perils occur in, on or about the Pre.wr
.�s whether due to the
negligence of City or LESSEE or their
- tgejnts, � ,tmployees, contractors
and /or invitees. LESSEE and City shai
upon t�btaining the policies of
insurance required hereunder, give nit
.-,e to Hie insurance carrier or
-- carriers- t #at- -the -- foregoing -mutual- wai ve-r- of - subrogation- is -contained - - - -- _ --
in this Lease.
23. Authorized Agent of CITY
The Moorpark CITY Manager
is the duly authorized agent of CITY f
,r purposes of this Lease, and
as to any obligations assumed herein b,,
LESSEE, they shall be
performed to the satisfaction of said (
Ity Manager.
24. Breach by LESSEE: In the
event of the breach by LESSEE
of any term, condition, or agreement !�erein
contained, other than the
nuisance provisions in Paragraph 5 her
yof, and the failure to cure
such breach within fifteen (15) days .j
-ter written notice has been
given to LESSEE by CITY, this Lease
Ind privileges herein granted
shall be terminated and of no further f,
rec or effect, and LESSEE
shall immediately surrender possessim
of the premises hereby
granted, and in the event CITY has to
esort to legal action to enforce
any provision hereof, or to obtain rs-siitution
hereunder, the
prevailing party in any such action sh.i
l be entitled to its reasonable
attorney's fees to be paid by the losiinf
party as fixed by the Court.
Providing further, that in the event 1.1 `SFF,
breaches this Lease and
abandons the property before the end ,):
the term of it LESSEE'S right
to possession is terminated by CITY ou,
to a breach of this Lease,
CITY shall have the right to recover t r,
in LESSEE damages provided
in State of California Civil Code Section
10, 1.2. This clause shall not
be construed to limit any right or renie,ly
which CITY may become
entitled to as a matter of law or by rc�i
or of the action(s) or
failure(s) to act of LESSEE.
i
-- 2� r - Waiver of Breach: The waiver by CITY- of 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 file a
voluntary petition in bankruptcy or shall be adjudged a bankrupt in
any involuntary bankruptcy proceeding 'b) any voluntary or
involuntary proceeding for the reorg,ant,ation of LESSEE shall be
instituted by anyone other than CITY ender any of the provisions of
the bankruptcy laws of the United Stati,s; r c) a receiver or judicial
trustee or custodian shall be appointed >r LESSEE, or any lien or any
writ of attachment, garnishment, execu ion. or distraint shall be
levied upon any of` LESSEE'S rights of nterest under this Lease; or (d)
there shall be any other assignment of n} of LESSEE'S rights or
interest under this Lease by operation Af law, 1hen in addition to any
and all other rights and remedies avadwile ro it CITY may, at its
option by written notice to LESSEE, tewimnate this Lease and all
rights and interest of LESSEE and all, iher persons under this Lease.
The term "LESSEE" as used in this pay agraph, includes any individual,
partnership, corporation, or governments: ctitity who is a LESSEE
hereunder, even though several indiv luaus, partnerships,
corporations, or governmental entities re such and includes each
partner of any partnership which is I E' SEE hereunder. Any consent
by CITY to any sublease, rental, assiga thew, transfer, mortgage, or
-conve3�arrse__sha1I -- not- -be Aeer ed_ r"rrstwed -- as a_ consent
other different or subsequent subleast: , rental assignment, transfer,
mortgage or conveyance.
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 fr om 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 condinion and repair as at the
commencement of LESSEE'S occupant\ reasonable use and wear
thereof and damage by earthquake, pi. Olic calamity, by the elements,
by act of God, or by fire or other circa nstances over which LESSEE
has no control, excepted.
29. Removal of Furniture Furn,rshings,_ Equipment and
Fixtures at Termination: Upon the termination of this Lease, for any
reason other than LESSEE'S failure to >erform its obligations under
the terms and conditions of this Lease ESSEE shall have the right, at
LESSEE'S sole cost and expense, to rer =ovc all furniture, furnishings
and equipment of whatsoever kind os, nature placed on the demised
premises by LESSEE or its contractors , long is they could be
removed without damage or disfigurrn�ent to she demised premises.
Full restoration of the demised prerviisr t� it ;existed prior to the
- -- pfacemen -t- or the installation �of said turniture, 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 r..move same and restore
the
demised premises as set forth above at the expense of LESSEE. Said
expense shall also include consideratio i for the additional time
LESSEE or its improvements occupy tt e premises beyond the
termination date and disallow the CIT) S total utilization of the
premises pursuant to its ownership ot the property.
30. Nondiscrimination in Providing Services and Participation
in Activities:
A. LESSEE shall provide services and allow
participation in activ ties to any person determined
to be eligible to rece ve sern ices or participate
pursuant to the prove ion; of the Older Americans
Act of 1965, as arrie ded, and this agreement,
whether or not any s ch person is a member of the
Moorpark
Senior
( "iti
ens, In( ., unless
such
person is
considered
to be
z� �(
ircc of disruption
to
other
persons receiving Berl ces or �s not capable of
benefiting from such seriice,,
B. In providing service,. LI:SSEt shall not discriminate
against any person he ause w race, color, religion,
- - -- - ---- -nationaf -gri
- g- rn,-- an < >estry,- _.sex, age,- or condition- of
physical or mental handicap
C. LESSEE hereby agree, that it will comply with
Section 504 of the Rchabilitation Act of 1973, as
amended (29USC 1J'71)1 et seq.), and all guidelines
and interpretations issued pursuant thereto, to the
end that no otherwis( eligible disabled or
handicapped person shall, on the basis of handicap,
be excluded from paa ticipation in, be denied the
benefits of, or otherkk use be subjected to
discrimination under my program or activity of the
LESSEE.
31. Use of Alcoholic ..Beverages LESSEE, at its option, may
allow the serving of alcoholic beveragt ,, on the demised premises.
Use of alcoholic beverages on the Berm sed premises shall at all times
comply with the requirements of the Mate Alcoholic Beverage
Control Board. If on site sale is providr d, the I_ ESSEE shall obtain the
appropriate permit(s) from the CITY i, additioyl to compliance with
the ABC regulations.
For rentals to private parti(- as approved by City
pursuant to this agreement, where alc-holic beverages are served,
LESSEE shall monitor such activity to nsure compliance with all State
and local laws, rules and regulations, i addition to complying with
the provisions of Section 6. Assignrnen_. and Subletting.
- - - - - - -- - 3�. - Miscellaneous Provisions: The parties -- further agree that:
A. LESSEE shall, at all Imes during the term of this
Lease, provide City o,ith a master key keyed to the
Community Center l-,iilding grand master key
located on the demi , ed premises.
B. The use and operatic n of tht• demised premises
along with the furnr,hings and equipment leased
hereby, shall be at ti e sale risk and expense of the
LESSEE.
C The parties agree thi�t this agreement shall be
binding upon their I -gal representatives, successors,
and assigns.
D. Should interpretation this Agreement, or any
portion thereof, be n, cessary it is deemed that this
Agreement was prep�ired by the parties jointly and
equally, and shall ns he interpreted against either
party on the ground Ui thv party prepared the
Agreement or caused it to be prepared.
E. No waiver of any l)r, vision of this Agreement shall
be deemed, or shell onsiitutC, a waiver of any
other provision, wh('td er )r not similar, nor shall
any such waiver con,ritute a continuing or
subsequent waiver of h(, sang+.:-. provision. No
waiver shall be binds Eg. unless executed in writing
by the party makint„ h ,,- waiver.
— - In—the-eve z aiiy- acticm, suit or proceeding- -is - -
brought for the enforcernent of, or the declaration
of any right or obligrtion pursuant to, this
Agreement or as a. result of any alleged breach of
any provision of thi,� Agreement, the prevailing
party shall be entitle' to recover its costs and
expenses, including ieasonable attorney's fees, from
the losing party, and any judgment or decree
rendered in such a 1= oceeding 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 an, third parson to create the
relationship of princip it cr agent, or of a
partnership, or of a i,+int venture, or of any other
association of any ki ,d cir nature between the City
and the Lessee.
33. Incorporation of Prior f- reements_ and Amendments:
This Lease contains all agreements of he parties with respect to any
matter mentioned herein. No prior a reement or understanding
pertaining to any such matter shall be ffective. This Lease may be
modified in writing only, signed by tht 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 competenr
,jurisdiction, shall in no way
affect the validity of any other provision
hereof.
35. Venue: If either LESSEN: �
r CITY initiates an action to
enforce the terms hereof or declare ,ghts
hereunder, including
actions on the bonds, the parties agre=
that the venue thereof shall
be the County of Ventura, State of California.
36. Captions: The use of par,.graph 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 deeni •d
hoth a covenant and a
condition.
38. Corporate Authority: Each
individual executing this Lease
on behalf of said LESSEE corporatiian
represents and warrants that
he /she is duly authorized to execute. .t
A deli%_ .-r this Lease on behalf
of said corporation, and that this Lc.Lts�
is binding upon said
corporation in accordance with its tCrrrj.ESEE
shall, within thirty
(30) days after execution of this Lease
deliver to the Moorpark City
Manager a certified copy of a Resolu11t,
oI the Board of Directors of
said corporation authorizing or ratifyin:
the execution of this Lease.
39. Time is of Essence: Tirane
s herehv expressly declared to
be the essence of this Lease and oi' "
,h ind every provision thereof,
and each such provision is hereby iwto
and de..clared to be a
material, necessary and essential part
t this [ -ease.
4 -0 - - Notices -: _All notices_hereii provided to be given, o�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, Registere or Certified, postage prepaid
and addressed as follows:
To the LESSEE: Moorpark Senior Citizens, Inc.
P.(;) Box 70?
Moorpark, CA
93020
To the CITY: N4o( :rp,irk City
Manager
'199 Moorpark
Avenue
Mo(�,park, (-A
93021
The address to which the r),,tice shall be mailed, as
aforesaid, to either party may be changed by written notice given by
such party to the other, as herein hef(, -e provided, but nothing
herein contained shall preclude the ),i v1 ig of any such notice by
personal service.
IN WITNESS WHEREOF, the pail es hereto have executed this
Lease on the day and year first herein above written.
CITY OF MOORPARK N1()( hRPARK SENIOR CITIZENS, INC.
By :--------------- - - - - --
Paul W. Lawrason Jr., Mayor
By -- - -- - -- - ----
--
f "resident
Date:
Secretary
Dale
MOOKPARK COMI .UNITY GE W-T5 R
799 MooRFARK AuENUI�
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EXHIBIT 'B"
SENIOR CENTER EQUIPMENT PROVIDED BY CITY
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. 1 Wolf Range & Broiler, Model 'H -6- 1829 -22L
6. S.S. range hood
7. 2 Duke Steam Tables, Model E11`303
8. 1 True 2 -door refrigerator, Mode T 49„
9. Arrowhot table, Model 201 EN
10. 2 Stainless steel work tables
11. 1 True T -49F 2 -door freezer
12. In- Sink- E -Rator (garbage disposal r, Model SS -75
13. 1 wall mount pre -rinse faucet. Fl,her Mtg.
14. 1 stainless steel sink, 18" x 18' tib, with two 18" drainboards.
15. 1 stainless steel sink, 18" x 18' ab, with one 18" drainboard.
16. 1 stainless steel sink, 3 tub, vvitl 2 drainboards.
17. Kitchen fire extinguisher syste►n