HomeMy WebLinkAboutAGENDA REPORT 2012 0620 CC REG ITEM 10N ITEM 1
..ilty Co0.i'4 Yg
�/d �b�Qfn?il�.i
MOORPARK CITY COUNC _ --
AGENDA REPORT _
TO: Honorable City Council
FROM: Hugh R. Riley, Assistant City Mana
BY: Ky Spangler, Special Projects Consultant
DATE: June 6, 2012 (CC Meeting of 6/20112)
SUBJECT: Consider Approval of a Lease Agreement with Catholic Charities
of Los Angeles, Ventura County Region for the Ruben Castro
Human Services Center, 612 Spring Road, Building B, Lease
Space A
BACKGROUND & DISCUSSION
The City of Moorpark (City) entered into Memorandum of Understanding (MOU) with
Catholic Charities of Los Angeles, Ventura Region (Catholic Charities) on November 19,
2010 for Lease Space A-1 in the Ruben Castro Human Services Center (RCHSC). This
MOU outlined the proposed space, lease duration and monthly rent for the Catholic
Charities facility. The MOU provided an initial lease term of three (3) years with two (2)
three-year options to extend. The initial monthly rental under the MOU is $1,000 per
month for the first three (3) year period with a 3% increase in rent each year if Catholic
Charities exercises its option to extend the terms for two three-year periods.
Further, the MOU provided that the City, at its cost, would provide heating, ventilating
and air conditioning, power, water and sewer service, and solid waste collection to the
Leased Area in quantities customary for normal office purposes. The City will also
provide common area maintenance for the landscaping, parking lot, and building lobby,
and will pay the monthly alarm monitoring cost associated with the lobby and common
area conference room. The cost for these City-provided services has been incorporated
into the operating budget for Building B.
The attached Lease Agreement more fully describes the Lease Space (now labeled as
Lease Space A) and aspects unique to the RCHSC as well as other customary terms
and conditions within the City's standard lease agreements. The Lease Agreement also
includes a Parking Exhibit to allocate employee parking spaces to each building tenant.
275
Honorable City Council
June 20, 2012
Page 2
By allocating an assigned number of spaces for employees, adequate parking for clients
and patrons of building tenants will be maintained. Also, a Common Area Maintenance
exhibit has been prepared as an exhibit to the Lease Agreement to outline the City's
maintenance responsibilities.
FISCAL IMPACT
The Operating Budget for the Ruben Castro Human Services Center includes revenue
in the amount of$833.33 per month for the Catholic Charities suite. The executed MOU
increased this amount to $1,000.00 per month. Therefore the attached Lease
Agreement increases the monthly revenue for the Catholic Charities suite by $166.67
per month from the Operating Budget. The costs associated with the City's
maintenance requirements for the RCHSC have been incorporated into the Facilities
Maintenance Budget for Fiscal Year 2012/2013.
STAFF RECOMMENDATION
Approve the Lease Agreement between the City of Moorpark and Catholic Charities of
Los Angeles, Ventura County Region for the Ruben Castro Human Services Center
reflecting a three-year initial lease term at a monthly lease rate of $1,000.00 per month,
and authorize the City Manager to execute the Lease Agreement, subject to final
language approval of the City Manager and City Attorney.
Attachment 1: Lease Agreement between the City of Moorpark and Catholic Charities
of Los Angeles, Ventura County Region
276
ATTACHMENT 1
LEASE AGREEMENT
BETWEEN THE CITY OF MOORPARK AND CATHOLIC CHARITIES
OF LOS ANGELES, VENTURA COUNTY REGION
THIS LEASE AGREEMENT (hereinafter "Lease") is made and entered into as of this
day of , 2012, by and between the City of Moorpark, a
municipal corporation, the Lessor (hereinafter the "City"), and Catholic Charities of Los
Angeles, Ventura County Region, a non-profit organization, (hereinafter the "Tenant).
THE PARTIES AGREE THAT:
SECTION 1. PROPERTY LEASED
City, in consideration of the rents herein agreed to be paid and of the
indemnifications, covenants, and agreements agreed to herein, hereby leases to
Tenant, and Tenant hereby leases from the City, that certain real property known
as 612 Spring Road, Building B, Space A, Moorpark, California, otherwise known
as the Ruben Castro Human Services Center (hereinafter referred to as the
"Premises"). The space (herein after referred to as the "Lease Space") will
consist of approximately 4,715 square feet of floor space as generally depicted
as Lease Space A on Exhibit B. The Lease Space shall consist of approximately
2,751 square feet of office space, and 1,964 square feet of warehouse space.
A vestibule and restroom area contiguous to the space and directly accessible
from the exterior of the building, approximately 203 square feet, and a common
electrical and server room, approximately 285 square feet, are not included
within the Leased Space for purposes for calculating Monthly Rent.
Additionally, a conference room contiguous to the Lease Space, approximately
488 square feet, is common area space (hereinafter "Shared Space") and is not
included within the Leased Space for purposes for calculating Monthly Rent. Use
of this space shall be in accordance with the provisions of Section 11 below.
SECTION 2. TERM
The term of this Lease shall commence on the 2012, and all
terms and conditions of the Lease shall continue for a three (3) year term to the
day of 2015, unless sooner terminated as provided for
in this agreement.
City's obligations hereunder shall be contingent upon Tenant's payment in full of
any obligations described in Section 5 below, and Tenant's complying with all
other provisions set forth herein.
_ 1 _ 277
SECTION 3. OPTION TO EXTEND
Tenant will have two (2) three-year options to extend. Rent will be increased at a
rate of three percent (3%) each year during the extended terms.
SECTION 4. HOLDING OVER
It is further agreed that if Tenant shall retain possession of the Premises beyond
the original term of this Lease or any extension thereof, without the express
written consent of the City, Tenant shall continue to be Tenant from month-to-
month during such hold-over period.
Tenant shall be subject to all of the terms, covenants and conditions of this
Lease, including the obligation to pay rent during any such hold-over period, at
the rate specified in Section 5 plus ten percent (10%), hereof, or as may be
adjusted pursuant to the Lease.
SECTION 5. RENT
Monthly rent for Premises will be one-thousand dollars ($1,000.00) per month
during the first three (3) years of the initial term, and will be increased at a rate of
three percent (3%) each year during the extended terms. The rent due to the City
each month, including all increases, shall be considered the "Monthly Rent".
Tenant shall be liable for Monthly Rent. A late rent charge equal to ten percent
(10%) of the Monthly Rent shall be added to any payment of rent received five
(5) days or more after the due date for rent payment stated herein or when a
deficient check has been given for rent payment. The late rent charge shall
continue at ten percent (10%) for each month thereafter that the late payment
has not been paid.
Tenant will pay the City one thousand dollars ($1,000.00), as a security deposit.
This security deposit shall not be considered as payment for rent for any month,
including the last month of tenancy.
SECTION 6. INDEMNIFICATION AND HOLD HARMLESS
To the fullest extent permitted by law, Tenant shall, at Tenant's sole expense
and with counsel reasonably acceptable to the City of Moorpark (City), defend,
indemnify, and hold harmless the City and City's officers, employees, and
agents and from and against all claims (including demands, losses, actions,
causes of action, damages, liabilities, expenses, charges, assessments, fines or
penalties of any kind, and costs including consultant and expert fees, court
costs, and attorneys' fees) from any cause, arising out of or relating (directly or
indirectly) to this Lease, the tenancy created under this Lease, or the Premises,
including without limitation:
- 2 - 278
1. The use of occupancy, or manner of use or occupancy, of the Lease
Space, Premises or Building by the Tenant;
2. Any act, error, omission, or negligence of Tenant or of any subtenant,
invitee, guest, contractor, or licensee of Tenant or any subtenant in, on,
or about the Real Property;
3. Tenant's conducting of its business;
4. Any alterations, activities, work, or things done, omitted, permitted,
allowed, or suffered by Tenant in, at, or about the Lease Space,
Premises or Building, including the violation of or failure to comply with
any applicable laws, statutes, ordinances, standards, rules, regulations,
orders, decrees, or judgments in existence on the Lease
Commencement Date or enacted, promulgated, or issued after the date
of this Lease;
5. Any breach or default in performance of any obligation on Tenant's part
to be performed under this Lease, whether before or during the Lease
Term or after its expiration or earlier termination
6. This indemnification extends to and includes, without limitation, claims
for:
a. Injury to any persons (including death at any time resulting from
that injury);
b. Loss of, injury or damage to, or destruction of property (including
loss of use at any time resulting from that loss, injury, damage, or
destruction); and
c. All economic losses and consequential or resulting damage or
any kind.
Tenant's indemnification obligation hereunder shall survive the expiration or
earlier termination of this Lease until all claims against City involving any of the
indemnified matters are fully, finally, and absolutely barred by the applicable
statutes of limitation. City does not and shall not waive any rights that it may have
against Tenant by this Section, because of the acceptance by City, or deposit
with City, of any insurance policy or certificate required pursuant to this Lease.
SECTION 7. NOTICE OF NON-ELIGIBILITY FOR RELOCATION BENEFITS
Please read this notification carefully prior to signing this agreement and moving
into the property. The Redevelopment Agency of the City of Moorpark
("Agency") acquired the property located at 500 Spring Road (now addressed as
612 Spring Road) for redevelopment purposes and subsequently sold it to the
City. As a post-acquisition tenant, you will not be eligible for relocation benefits
under the federal and state law. This notice is to inform you of the following
information before you enter into any lease agreement and occupy a unit at the
above address:
1. You may be displaced at the end of lease term.
- 3 - 279
2. You may be subject to a rent increase upon lease renewal or option to
extend the lease term.
3. You will not be entitled to any relocation benefits.
If you have to move or your rent is increased, you will not be reimbursed for any
such rent increase or for any costs or expenses incurred by you in connection
with a move. Should state law change, Tenant agrees to waive any and all
claims for relocation benefits.
SECTION 8. TERMINATION DUE TO CESSATION OR REDUCTION OF
FEDERAL FUNDING
Tenant shall have the right to renegotiate the future lease upon thirty (30) days
written notice and evidence that the Community Development Block Grant
funding to Tenant is reduced, suspended, or terminated for any reason. City will
waive any and all claims against Tenant for damages arising from the
termination, suspension, or reduction of funds provided by county, state, or
federal governments to Tenant.
SECTION 9. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
REPORTING REQUIREMENTS
CDBG regulations require that all Ruben Castro Human Services Building
tenants operate their facilities for Low Mod Limited Clientele (LMC) CDBG
eligible individuals. Under this category, fifty-one percent (51%) of the
beneficiaries have to be Low Mod Limited Individuals. To ensure long-term
compliance with program requirements and comprehensive planning
requirements Annual Certification of Continued CDBG Project Operations is to
be submitted to the County Executive Office, annually, on July 30 for the five (5)
consecutive years from the time the facility is put into operation. Additional
tracking and reporting requirements include race, ethnicity, and income of
beneficiaries, according to CDBG guidelines. Tenant must report such
information to the City of Moorpark Community Development Department after
the first three (3) months of operation and annually on July 30 for the five (5)
consecutive years from the time the facility is put into operation.
SECTION 10. USE
Tenant shall use the Premises to provide public programs including case
management, financial services, material services and food pantry and
distribution services. The Premises shall not be used for any other purpose,
except with the prior written consent of the City Manager of the City of Moorpark,
which consent Tenant agrees may be withheld by the City Manager at his/her
sole and absolute discretion.
- 4 - 280
SECTION 11. USE OF SHARED SPACE
Use of the Shared Space (Conference Room 104) by tenants of Building B shall
be scheduled by and reserved through the City or its authorized agent. Tenant
shall be required to complete a Facility Rental Application. Multiple events for a
recurring class or function can be combined on one (1) rental application and
reservation. A nominal cleaning deposit in an amount set by the City will be held
by the City. In the event that cleaning of the room is required following an event,
the Tenant will be billed for actual staff time expended.
SECTION 12. UTILITIES, COMMON AREA MAINTENANCE, JANITORIAL AND
SECURITY
City responsibilities:
The City, at its cost, will provide heating, ventilating and air conditioning, power,
water and sewer service, and solid waste collection to the Premises in quantities
customary for normal office purposes and shall make payments directly to the
utility company furnishing such services. The City shall provide Common Area
Maintenance per Exhibit D of the Lease Agreement. The City shall provide
janitorial service for the Main Lobby at a service level determined by the City.
The City shall provide annual service for fire extinguishers located in the Main
Lobby area and within Tenant's Leased Space. At City's option security
monitoring service only for the Main Lobby area of Building B may be provided.
Tenant responsibilities:
Tenant shall be responsible for telephone service, cable television, internet and
janitorial services to the Lease Space. Tenant shall be responsible for installation
of security equipment to serve their Lease Space and payment for monthly
monitoring of security services at Tenant's sole cost and expense in the event
Tenant elects to have such additional service. Tenant shall be responsible to
pay for its share of any services shared in common with other tenants of Building
B.
Tenant shall also be responsible for unlocking and locking the vestibule area and
restroom directly accessible from the exterior of the building located at the
northwest corner of the Lease Space which shall be locked by 12:00 p.m. each
day. Tenant shall be responsible for providing security monitoring and janitorial
services for the vestibule area and adjoining restroom, and shall be responsible
for repair of any vandalism or damage caused by public use of the vestibule
and/or restroom.
- 5 - 281
SECTION 13. PARKING
Parking spaces on the Premise for patrons and clients are available for use on a
first-come, first-served basis. Five (5) spaces have been designated for Tenant
employee parking and are depicted on Exhibit C. No additional parking spaces
shall be reserved by individual tenants of the building.
Overnight parking at the Ruben Castro Human Services Center (between the
hours of 10:00 p.m. and 6:00 a.m.) is prohibited by the,City. Vehicles parked
overnight may be cited and be towed at the vehicle owner's expense. Overnight
parking of tenant-operated pool vehicles shall occur on a permit-only basis. Such
arrangements must be made in writing with the City, and Tenant shall bear the
cost of producing and installing signage for specified stall(s).
SECTION 14. TAXES, ASSESSMENTS, AND LIENS
Tenant shall pay directly to the tax collector, when due, all taxes and
assessments which may be levied against Tenant's possessory interest in the
Premises and upon all improvements and personal property which are located on
the Premises. Within five (5) days after the date when any tax or assessment
would become delinquent, Tenant shall serve upon City receipts or other
appropriate evidence establishing the payment.
Tenant shall keep the Premises and improvements free from all liens and
encumbrances by reason of the use or occupancy of the Premises by Tenant. If
any liens or encumbrances are filed thereon, Tenant shall remove the same at
their own cost and expense and shall pay any judgment and penalties which may
be entered thereon. Should Tenant fail, neglect, or refuse to do so, City shall
have the rights to pay any amount required to release any lien or encumbrance
or to defend any action brought thereon, and to pay any judgment or penalty, and
Tenant shall be liable to City for all costs, damages, and attorneys' fees, and any
amounts expended in defending any proceedings, or in the payment of any lien,
encumbrance, judgment, or penalty. City may post and maintain upon the
Premises notices of non-responsibility as provided by laws. Upon demand by
City, Tenant shall post the bond contemplated by Civil Code Section 3143.
SECTION 15. INSTALLATION BY TENANT
Tenant shall not make any alterations, additions, or improvements upon the
Lease Space and/or Premises or without the prior written consent of the City
Manager. Any alterations, or additions or improvements installed or caused to be
installed to the site, or any signage, fencing, exterior lighting, or any other
improvements on the Lease Space and/or Premises (collectively "Installations")
shall be solely at Tenant's cost and is not reimbursable by the City at any time,
including at the time of termination of the Lease by either the Tenant or City. All
alterations, additions and improvements shall be temporary in nature and done in
- 6 - 282
a good and workmanlike manner and diligently prosecuted to completion, and
shall be performed and maintained in strict accord with all federal, state, county,
and local laws, ordinances, codes, standards, and requirements relating thereto.
Unless otherwise expressly agreed to by the City, any alterations, additions and
improvements shall remain on and be surrendered with the Lease Space and/or
Premises upon the expiration or termination of this Lease. Tenant agrees to and
shall indemnify, defend, and save City free and harmless against all liability, loss,
damage, costs, attorneys' fees, and other expenses of any nature resulting from
any Tenant alterations, additions, or improvements to the Lease Space and/or
Premises.
SECTION 16. REMEDIES
In case of the failure or refusal of Tenant to comply with and perform each and all
of the terms and covenants on their part herein contained, this Lease and all
rights hereby given shall, at the option of the City, cease and terminate, and the
City shall have the right forthwith to remove Tenant's personal property from the
Lease Space and/or Premises at the sole cost, expense and risk of Tenant,
which cost and expense Tenant agrees to pay to City upon demand, together
with interest thereon at the maximum rate allowed by law from the date of
expenditure by City. Such action shall be preceded by thirty (30) days written
notice.
SECTION 17. MAINTENANCE
Tenant's use of the Lease Space and Premises will conform to all City codes and
requirements concerning signage, maintenance, parking, and exterior and
interior use. City's responsibilities for maintenance of the Common Areas of the
Premises are attached hereto as Exhibit D ("Common Area Maintenance").
City may elect to perform any obligation of Tenant pursuant to this Section due to
Tenant's failure or refusal to do so and at Tenant's waiver of any rights or remedy
for Tenant's default. Tenant shall reimburse City for the cost and expense they
incurred in the performance of Tenant's obligation within fifteen (15) days of
City's request for payment, plus any interest or fees, with an additional fifteen
percent (15%) administrative fee. Should City perform any of the foregoing, such
services shall be at the sole discretion of City, and the performance of such
services shall not be construed as an obligation or warranty by City of the future
or ongoing performance of such services. Failure to maintain Premises as
outlined herein shall be considered grounds for termination of this Lease.
Tenant shall also indemnify, defend with legal counsel approved by City and hold
harmless City and its officers, employees, servants and agents from and against
all claims, actions, liabilities, losses, damages, costs, attorneys' fees, and other
expenses of any nature for loss or damage to property, or injury to or death of
persons, arising in any manner whatsoever, directly or indirectly, from Tenant's
- 7 - 283
performance pursuant to this Section. The indemnification, legal defense and
hold harmless provisions of this Lease shall survive the termination of the
tenancy.
SECTION 18. PESTICIDES AND HERBICIDES
Tenant shall use pesticides and herbicides on the Premises only in strict
accordance with all applicable statutes, ordinances, rules and regulations. Such
pesticides and herbicides shall be limited to those that are permitted for
residential use.
SECTION 19. HAZARDOUS MATERIALS INDEMNITY
As used in this Section, Hazardous Materials means any substance, product,
waste, or other material of any nature whatsoever which is or becomes listed,
regulated or addressed pursuant to: (1) the Comprehensive Environmental
Response, Compensation and Liability Act of 1980, 42 U.S.C. Section 9601, et
seq. ("CERCLA"); the Hazardous Materials Transportation Act, 49 U.S.C.,
Section 1801, et seq.; the Resource Conservation and Recovery Act, 42 U.S.C.,
Section 6901, et seq.; the Substances Control Act, 15 U.S.C., Section 2601, et
seq.; the Clean Water Act, 33 U.S.C. Section 1251, et seq.; the California
Hazardous Waste Control Act, Health and Safety Code Section 25100, et seq.;
the California Hazardous Substance Account Act, Health and Safety Code
Section 25330, et seq.; the California Safe Drinking Water and Toxic
Enforcement Act, Health and Safety Code Section 25249.5 et seq.; California
Health and Safety Code Section 25280, et seq. (Underground Storage of
Hazardous Substances); the California Hazardous Waste Management Act,
Health and Safety Code Section 25170.1, et seq.; California Health and Safety
Code Section 25501, et seq.; (Hazardous Materials Response Plans and
Inventory); or the Porter-Cologne Water Quality Control Act, Water Code Section
13000, et seq. all as amended, (2) any other federal or state law or any local law
regulating, relating to, or imposing liability or standards of conduct concerning
any hazardous, toxic or dangerous waste, substance or material, as now is, or at
any time hereafter may be, in effect, and (3) any rule or regulation adopted or
promulgated under or pursuant to any of said laws.
If Tenant receives any notice, whether oral or written, of any inquiry, test,
investigation, enforcement proceeding, environmental audit, or the like regarding
any Hazardous Material within the Lease Space or on the Premises, Tenant shall
immediately serve City with a copy of such notice.
In no case shall Tenant cause or allow the deposit or disposal of any such
substance within the Lease Space or on the Premises. However, household
products necessary for routine cleaning and maintenance of the Lease Space or
Premises may be kept in the Lease Space in quantities reasonable for current
needs.
- 8 - 284
The provisions of this Section shall survive the termination of the tenancy and
shall relate back to all periods of Tenant's possession of the Lease Space. The
provisions of this Section are intended to operate as an agreement pursuant to
Section 107(e) of CERCLA, 42 U.S.C. Section 9707(e), and California Health
and Safety Code Section 25364, to insure, protect, hold harmless, and indemnify
City from any liability pursuant to such law.
SECTION 20. NO WARRANTIES BY CITY
Except as contained in Section 15, the Lease Space and Premises are accepted
by Tenant in an "as is" condition and without any representation or warranty by
City as to the condition of the Lease Space or as to fitness of the Lease Space
for Tenant's use.
SECTION 21. CASUALTY INSURANCE
City shall not be obligated to keep the Lease Space and the improvements
thereon insured against any insurable risk; nor shall City insure Tenant for any
personal injury or property damage. Tenant hereby and forever waives all right to
claim or recover damages from City in any amount as the result of any damage
to the Lease Space or Premises or any improvement thereon or as a result of
any injury to any person upon the Lease Space or Premises.
SECTION 22. INSURANCE
Tenant shall maintain prior to the beginning of and for the duration of this
Agreement insurance coverage as specified in Exhibit A attached to and part of
this Agreement. The policy shall name Tenant as the insured and the City of
Moorpark as additional insured.
SECTION 23. GOVERNING LAW
Tenant agrees that in the exercise of their rights under this Lease, Tenant shall
comply with all applicable federal, state, county and local laws and regulations in
connection with its use of the Lease Space and Premises. The existence,
validity, construction, operation and effect of this Lease and all of its terms and
provisions shall be determined in accordance with the laws of the state of
California.
SECTION 24. ENTRY BY CITY
During the tenancy, City may enter the Lease Space upon not less than twenty-
four (24) hours advance notice and Tenant shall make the Lease Space available
during normal business hours to the City's authorized agent or representative for
the purpose of; (1) to show the Lease Space to prospective or actual purchasers,
- 9 - 285
mortgagee, tenants, workmen, or contractors, (2) to make necessary or agreed
repairs, decorations, alterations, or improvements, and (3) at all reasonable times
to examine the condition thereof, including its environmental condition. In an
emergency, City's agent or authorized representative may enter the Lease Space
at any time without securing prior permission from Tenant.
SECTION 25. ASSIGNMENT AND SUBLETTING
No portion of the Lease Space or Premises or of Tenant's interest in this Lease
shall be transferred by way of sublease, assignment or other voluntary or
involuntary transfer or encumbrance, without the prior written consent of the City
Manager. Such consent shall be at City's sole discretion.
Any transfer without consent shall be void, and shall, at the option of the City,
terminate this Lease.
SECTION 26. DEFAULT OR BREACH
Except as otherwise provided, at any time one party to this Lease is in default or
breach in the performance of any of the terms and conditions of this Lease, the
other party shall give written notice to remedy such default or breach. If the
default or breach is remedied within thirty (30) days following such notice, then
this Lease shall continue in full force and effect. If such default or breach is not
remedied within thirty (30) days following such notice or if the nature of the
default is such that it cannot reasonably be cured within thirty (30) days, if Tenant
fails to commence to cure within the thirty (30) day period, the other party may, at
its option, terminate this Lease. Such termination shall not be considered a
waiver of damages or other remedies available to either party because of such
default or breach. Each term and condition of this Lease shall be deemed to be
both a covenant and a condition.
SECTION 27. INSOLVENCY OR BANKRUPTCY
If Tenant shall be adjudged bankrupt or insolvent, this Lease shall thereupon
immediately terminate and the same shall not be assignable by any process of
law, or be treated as an asset of the Tenant under such adjudication, nor shall it
pass under the control of any trustee or assignee by virtue of any process in
bankruptcy or insolvency, or by execution or assignment for the benefit of
creditors. If any such event occurs, this Lease shall immediately become null and
void and of no effect, and City may thereupon repossess said Lease Space and
all rights of the Tenant thereupon shall cease and terminate.
SECTION 28. DISPOSSESSION
In the event Tenant is lawfully deprived of the possession of the Lease Space,
Premises or any part thereof, at any time during the tenancy, by anyone other
- 10 - 286
than City, they shall notify City in writing, setting forth in full the circumstances in
relation thereto. Upon receipt of said notice, City may, at its option, either install
Tenant in possession of the Premises or terminate the tenancy and refund to
Tenant the pro rata amount of any pre-paid rent. No claim for damages or
whatsoever kind or character incurred by Tenant by reason of such
dispossession shall be chargeable against City.
SECTION 29. CONDEMNATION
If the whole of the Premises should be taken by a public authority under the
power of eminent domain, then the term of this Lease shall cease on the day of
possession by the public authority. If only a part of the Premises should be taken
under eminent domain, Tenant shall have the right to either terminate this Lease
or to continue in possession of the remainder of the Premises. If Tenant remains
in possession, all of the terms hereof shall continue in effect, the rental payable
being reduced proportionately for the balance of the Lease term. If a taking under
the power of eminent domain occurs, those payments attributable to the
leasehold interest of the Tenant shall belong to the Tenant, and those payments
attributable to the reversionary interest of the City shall belong to the City.
SECTION 30. WAIVER
A waiver by either party of any default or breach by the other party of any
provision of this Lease shall not constitute or be deemed to be a waiver of any
subsequent or other default or breach. No waiver shall be binding, unless
executed in writing by the party making the waiver. No waiver, benefit, privilege,
or service voluntarily given or performed by either party shall give the other party
any contractual right by custom, estoppel, or otherwise. The subsequent
acceptance of rent pursuant to the Lease shall not constitute a waiver of any
preceding default or breach by Tenant other than default in the payment of the
particular rental payment so accepted, regardless of City's knowledge of the
preceding default or breach at the time of accepting the rent; nor shall
acceptance of rent or any other payment after termination of the tenancy
constitute a reinstatement, extension, or renewal of the Lease or revocation of
any notice or other act by City.
SECTION 31. ACQUIESCENCE
No acquiescence, failure, or neglect of any party hereto to insist on strict
performance of any or all of the terms hereof in one instance shall be considered
or constitute a waiver of the rights to insist upon strict performance of the terms
hereof in any subsequent instance.
- 11 - 287
SECTION 32. PARTIES BOUND AND BENEFITTED
The covenants and conditions herein contained shall apply to and bind the heirs,
successors, executors, administrators, and assigns of all the parties hereto; and
all of the parties hereto shall be jointly and severally liable hereunder.
SECTION 33. CONDITION UPON TERMINATION OR CESSATION
Upon termination of the tenancy, Tenant shall surrender the Lease Space to City
including all improvements, clean and in good condition, except for ordinary wear
and tear which Tenant was otherwise obligated to remedy under Section 16
above. Any installation which Tenant installs during occupancy with in
accordance with Section 15 of this Lease, and has not removed at the
termination of the Lease, shall become the possession of the City. Tenant shall
repair at Tenant's expense, any damage to the Lease Space or Premises caused
by the removal of any improvement made by Tenant from such installation. Any
installations, improvements, or additions to the Lease Space or Premises prior to
the execution of this Lease shall be deemed as part of the Lease Space and
Premises and shall be the possession of the City.
SECTION 34. TENANT'S FAILURE TO REMOVE PERSONAL PROPERTY
Upon termination of the tenancy, City may reenter and retake possession of the
Lease Space and store Tenant's personal property for a period of thirty (30) days
at Tenant's cost and expense. If Tenant fails to pick up said personal property
and pay said cost and expenses during said thirty (30) day period, City may
dispose of any or all of such personal property in any manner that City, in its sole
and absolute discretion, deems appropriate.
If any of Tenant's personal property remains on the Lease Space or Premises
after the termination of the tenancy, City may use, dispose of, or sell any of said
property, in its sole and absolute discretion, without compensating Tenant for the
same and without the City having any liability whatsoever therefore.
SECTION 35. NO RECORDATION
Neither this Lease Agreement nor a memorandum thereof shall be recorded by
Tenant.
- 12 - 288
SECTION 36. ATTORNEYS' FEES
In the event any action, suit or proceeding is brought for the enforcement of, or
the declaration of, any right or obligation pursuant to, this Lease or as a result of
any alleged breach of any provision of this Lease, or for an unlawful detainer
action, the prevailing party shall be entitled to recover its costs and expenses,
including attorneys' fees, from the losing party, and any judgment or decree
rendered in such a proceeding shall include an award thereof.
SECTION 37. NOTICES AND PAYMENTS
All notices required under this Lease, including notices of change of address,
shall be in writing, and all notices and payments shall be addressed as follows:
City: City Manager
City of Moorpark
799 Moorpark Avenue
Moorpark, California 93021
Tenant: Rev. Monsignor Gregory A. Cox, Executive Director
Catholic Charities of Los Angeles, Ventura County Region
303 N. Ventura Avenue
Ventura, California 93001
Either party may, from time to time, by written notice to the other, designate a
different address which shall be substituted for the one specified above. Except
as otherwise provided by statute, notice shall be deemed served and received
upon receipt by personal delivery or upon the second (2nd) day after deposit in
the United States mail, certified or registered, return receipt requested, with
postage prepaid.
SECTION 38. PARTIAL INVALIDITY
If any provision of this Lease is found by a court of competent jurisdiction to be
invalid, void or unenforceable, the remainder of this Lease shall nonetheless
remain in full force and effect to the full extent.allowed by law.
SECTION 39. GENDER AND NUMBER
For the purpose of this Lease wherever the masculine or neuter form is used, the
same shall include the masculine or feminine, and the singular number shall
include the plural and the plural number shall include the singular, wherever the
context so requires.
- 13 - 289
SECTION 40. SECTION HEADINGS
Section headings in this Lease are for convenience only, and they are not
intended to be used in interpreting or construing the terms, covenants and
conditions of this Lease.
SECTION 41. INTEGRATION AND MODIFICATION
This Lease constitutes the entire agreement of the parties concerning the subject
matter hereof and all prior agreements and understandings, oral or written, are
hereby merged herein. This Lease may not be modified or amended except; (1)
in a writing signed by all of the parties hereto; or (2) upon expiration of thirty (30)
days service in accordance with Civil Code Section 1946, or any successor
statute in effect on the date the written notice is served, by City on Tenant of a
written notice setting forth the modification or amendment.
The parties agree that no estoppel argument can be raised during legal
proceedings in order to avoid the provisions of this Section.
SECTION 42. INTERPRETATION
Should interpretation of this Lease, or any portion thereof, be necessary, it is
deemed that the Lease was prepared by the parties jointly and equally, and the
Lease shall not be interpreted against either party on the ground that the party
prepared it or caused it to be prepared.
SECTION 43. VENUE
This Lease is made, entered into, and executed in Ventura County, California,
and any action filed in any court for the interpretation, enforcement or other
action arising from any term, covenant or condition herein shall be filed in the
applicable court in Ventura County, California.
SECTION 44. TERMINATION
The City may terminate this Lease upon ninety (90) days written notice served
upon Tenant. Tenant is obligated to continue lease payments up until the time
that possession of the Lease Space is returned to the City.
SECTION 45. REDEVELOPMENT DISSOLUTION LEGISLATION
The parties acknowledge the recent enactment of ABx1 26, which provides for
the dissolution of California redevelopment agencies. The parties understand that
ABx1 26 purports to invalidate certain activities of redevelopment agencies
extending back to January 1, 2011, including the transfer of assets to other public
- 14 - 290
agencies. The parties further acknowledge that the Premises were transferred
from the Redevelopment Agency of the City of Moorpark (Agency) to Successor
Agency. Tenant hereby waives and releases Successor Agency from any and all
claims arising from the enactment of ABx1 26 and any effect it may have on the
validity of this Lease and holds Successor Agency harmless from any claims of
successors, assigns, contractors, suppliers, or other agents of Tenant arising out
from the enactment of ABx1 26
IN WITNESS WHEREOF, the parties have caused this Lease to be executed by their
duly authorized representatives as of the date first written above.
CITY OF MOORPARK CATHOLIC CHARITIES OF LOS
ANGELES, VENTURA COUNTY
REGION
By: By.
Steven Kueny, City Manager Rev. Monsignor Gregory A. Cox,
Executive Director
ATTEST:
By:
Maureen Benson, City Clerk
- 15 - 291
EXHIBIT A
Insurance Requirements
Tenant will maintain insurance in conformance with the requirements set forth below.
Tenant will use existing coverage to comply with these requirements. If that existing
coverage does not meet the requirements set forth here, Tenant agrees to amend,
supplement or endorse the existing coverage to do so. Tenant acknowledges that the
insurance coverage and policy limits set forth in this section constitute the minimum
amount of coverage required. Any insurance proceeds available to CITY in excess of
the limits and coverage required in this agreement and which is applicable to a given
loss, will be available to CITY.
Tenant shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office "Commercial
General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be
paid in addition to limits. There shall be no cross liability exclusion for claims or suits by
one insured against another. Limits are subject to review but in no event less than
$1,000,000 per occurrence and $2,000,000 in aggregate.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including
symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no
event to be less than $1,000,000 per accident and $2,000,000 in aggregate. If Tenant
owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement
to the general liability policy described above. If Tenant or Tenant's employees will use
personal autos in any way on this project, Tenant shall provide evidence of personal
auto liability coverage for each such person.
Pollution Liability Insurance shall be written on a Contractor's Pollution Liability form or
other form acceptable to the City providing coverage for liability arising out of sudden,
accidental and gradual pollution and remediation. The policy limit shall be no less than
$1,000,000 per claim and aggregate.
Worker's Compensation on a state-approved policy form providing statutory benefits as
required by law with employer's liability limits no less than $1,000,000 per accident or
disease.
Insurance procured pursuant to these requirements shall be written by insurers that are
admitted carriers in the State of California and with an A.M. Best rating of A- or better
and a minimum financial size VII.
General conditions pertaining to provision of insurance coverage by Tenant. Tenant and
CITY agree to the following with respect to insurance provided by Tenant:
- 16 - 292
1. Tenant agrees to have its insurer endorse the third party general liability
coverage required herein to include as additional insureds CITY, its officials,
employees, servants, agents, and independent consultants ("City indemnities"),
using standard ISO endorsement No. CG 2011 with an edition prior to 1996.
Tenant also agrees to require all contractors and subcontractors working on the
Premise to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall
prohibit Tenant, or Tenant's agents, from waiving the right of subrogation prior to
a loss. Tenant agrees to waive subrogation rights against CITY regardless of the
applicability of any insurance proceeds, and to require all contractors and
subcontractors to do likewise.
3. All insurance coverage and limits provided by Tenant and available or applicable
to this agreement are intended to apply to the full extent of the policies. Nothing
contained in this Agreement or any other agreement relating to the CITY or its
operations limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include any limiting endorsement of any kind that has not
been first submitted to CITY and approved of in writing.
5. No liability policy shall contain any provision or definition that would serve to
eliminate so-called "third party action over" claims, including any exclusion for
bodily injury to an employee of the insured or any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification, and
additional requirements by the CITY, as the need arises. Tenant shall not make
any reductions in scope of coverage (e.g. elimination of contractual liability or
reduction of discovery period) that may affect CITY'S protection without CITY'S
prior written consent.
7. Proof of compliance with these insurance requirements, consisting of certificates
of insurance evidencing all of the coverages required and an additional insured
endorsement to Tenant's general liability policy, shall be delivered to CITY at or
prior to the execution of this Agreement. In the event such proof of any insurance
is not delivered as required, or in the event such insurance is canceled at any
time and no replacement coverage is provided, CITY has the right, but not the
duty, to obtain any insurance it deems necessary to protect its interests under
this or any other agreement and to pay the premium. Any premium so paid by
CITY shall be charged to and promptly paid by Tenant or deducted from sums
due Tenant, at CITY's option.
8. Certificates are to reflect that the insurer will provide 30 day notice to CITY of any
cancellation of coverage. Tenant agrees to require its insurer to modify such
certificates to delete any exculpatory wording stating that failure of the insurer to
- 17 - 293
mail written notice of cancellation imposes no obligation, or that any party will
"endeavor" (as opposed to being required) to comply with the requirements of the
certificate.
9. It is acknowledged by the parties of this agreement that all insurance coverage
required to be provided by Tenant, is intended to apply first and on a primary,
non-contributing basis in relation to any other insurance or self insurance
available to CITY.
10. Tenant agrees to ensure that subcontractors, and any other party entering onto
the Premises, provide the same minimum insurance coverage required of
Tenant. Tenant agrees to monitor and review all such coverage and assumes all
responsibility for ensuring that such coverage is provided in conformity with the
requirements of this section. Tenant agrees that upon request, all agreements
with subcontractors and other parties entering onto the Premises will be
submitted to CITY for review.
11. Tenant agrees not to self-insure or to use any self-insured retention or
deductibles on any portion of the insurance required herein and further agrees
that it will not allow any contractor, subcontractor, or other entity or person
entering onto the Premises to self-insure its obligations to CITY. If Tenant's
existing coverage includes a deductible or self-insured retention, the deductible
or self-insured retention must be declared to the CITY. At that time the CITY shall
review options with the Tenant, which may include reduction or elimination of the
deductible of self-insured retention, substitution of other coverage, or other
solutions.
12. For purposes of applying insurance coverage, only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking any
steps that can be deemed to be in furtherance of or towards performance of this
Agreement.
13. Tenant acknowledges and agrees that any actual or alleged failure on the part of
the CITY to inform Tenant of non-compliance with any insurance requirement in
no way imposes any additional obligations on CITY nor does it waive any rights
hereunder in this or any other regard.
14. Tenant will renew the required coverage annually as long as CITY, or its
employees or agents face an exposure from operations of any type pursuant to
this Agreement. This obligation applies whether or not the Agreement is canceled
or terminated for any reason. Termination of this obligation is not effective until
CITY executes a written statement to that effect.
15. Tenant shall provide proof that policies of insurance required herein expiring
during the term of this Agreement have been renewed or replaced with other
policies providing at least the same coverage. Proof that such coverage has
- 18 - 294
been ordered shall be submitted prior to expiration. A coverage binder or letter
from Tenant's insurance agent to this effect is acceptable. A certificate of
insurance and/or additional insured endorsement is required in these
specifications applicable to the renewing or new coverage must be provided to
CITY within five days of the expiration of the coverages.
16. The provisions of any workers' compensation or similar act will not limit the
obligations of Tenant under this agreement. Tenant expressly agrees not to use
any statutory immunity defenses under such laws with respect to CITY, its
employees, officials, and agents.
17. Requirements of specific coverage features or limits contained in this section are
not intended as limitations on coverage, limits or other requirements nor as a
waiver of any coverage normally provided by any given policy. Specific reference
to a give coverage feature is for purposes of clarification only as it pertains to a
given issue, and is not intended by any party of insured to be limiting or all-
inclusive.
18. These insurance requirements are intended to be separate and distinct from any
other provision in this agreement and are intended by the parties here to be
interpreted as such.
19. The requirements in this Section supersede all other sections and provisions of
this Agreement to the extent that any other section or provision conflicts with or
impairs the provisions of this Section.
20. Tenant agrees to be responsible for ensuring that no contract used by any party
involved in any way with the project reserves the right to charge CITY or Tenant
for the cost of additional insurance coverage required by this Agreement. Any
such provisions are to be deleted with reference to the CITY. It is not the intent of
CITY to reimburse any third party for the cost of complying with these
requirements. There shall be no recourse against CITY for payment of premiums
or other amounts with respect thereto.
21. Tenant agrees to provide immediate notice to CITY of any claim or loss against
Tenant arising out of the lease of the Premises. CITY assumes no obligation or
liability by such notice, but has the right (but not the duty) to monitor the handling
of any such claim or claims if they are likely to involve CITY.
- 19 - 295
EXHIBIT B
Leased Space Exhibit
[SEE ATTACHED]
- 20 - 296
_DAY-LABORER
203 SQ.FT, CATHOLIC OFFICE SPACE
1
i CATHOLIC CHARITIES OFFICE SPACE
CHARITIES OFFICE SPACE % 1,716 SQ.FT.
WAREHOUSE 2,751SQ.FT. grp
1.964SQ.FT. rl Cl-SPA(tF
,-t
® ❑ Ml ❑
❑
IA.. Cmmm 7 88:110011
'Ile 1. w' r ❑ (----- - to ® ® 41
� 1z, � � � � ) m6wna[� ® 7 ON 2R
ri-2-01 Z ❑ amx rrc 41 OICK fl
MD
Boa a Q .oa
, �� D
❑ S1t.13 •. I u 1 fi§ �p?n CdNL7 OFi12
I 1A
® 5 f° to s
Yl/AIER ❑ .� ® _� CW88M0 OlICf
4 2 ...ORS
q d 4 COIN47 to IA to ® A. .
i
1 13 104 ``__ ® •mw 1 A
1A
af1N89ga1 fOR IA1Wf M7P { IB `�41D 418
woo OK*.Io7 k COMOW.T 2t �EMOIOOY �0 '»T�•� tA'
z,.
4 3" 3N ANN
1A Awn FEC
0 7 57 I ❑.. ® LJ
Krum 10a 7 1 Q 4 MIEIACI ]0Y SIOMR 1a �' ,� lA+
i
1 SCe�OF ^;., �' �, ( 1A IA b7 s IgLY 0 ONCE
❑ 100
I �
❑ oaEOeES ❑ ❑ '" wu
7 ° sos 0� s awa
O ❑ 1°sA' - 418 1 1
1A,
ORCE 1A R IA 1 IOBBI
107 1Oa
Deng vu
8
caF/1Un-RMOY
104
cm
1
cm
`s { { YW�OOC rNA M 11
--------------
________ =J .,a ❑.
AID
N
J
EXHIBIT C
Tenant Parking Exhibit
[TO FOLLOW]
- 21 - 298
EXHIBIT D
Common Area Maintenance
1. As used in the Lease Agreement and this Exhibit, "Common Area" means
all public and common facilities erected on the Premises intended for common use of
tenants, owners and customers, including, but not limited to, entrances, exits,
driveways, access roads, parking areas, walks, service drives, directional signs, lighting
facilities, utility services, drainage facilities, landscaped areas and other facilities and
areas intended for common use, as the same may exist from time to time on the
Premises. The Common Area includes all those areas on each Parcel which are not
Building Area together with those portions of the Building Area on each Parcel which
are not from time to time actually covered by a building or other commercial structure or
which cannot under the terms of this Lease be used for buildings. Canopies which
extend over the Common Area, together with any columns or posts supporting the
same, are deemed to be a part of the building to which they are attached and not a part
of the Common Area.
2. City shall maintain the Common Area at all times in good, clean and safe
condition and repair (including, without limitation, the making of necessary
replacements). That maintenance is to include, without limitation, the following
maintenance items:
(a) Maintaining, repairing and resurfacing, when necessary, all paved
surfaces in a level, smooth and evenly covered condition with the type of surfacing
material originally installed or such substitute as is in all respects equal or superior in
quality, use and durability; and restriping, when necessary;
(b) Removing all papers, debris, filth and refuse;
(c) Maintaining, repairing and replacing, when necessary, all traffic
directional signs, markers and lines;
(d) Operating, maintaining, repairing and replacing, when necessary,
such artificial lighting facilities as are reasonably required;
(e) Maintaining all landscaped areas; maintaining, repairing and
replacing, where necessary, automatic irrigation systems and water lines; and replacing
shrubs and other landscaping as is necessary;
(f) Maintaining, repairing and replacing, when necessary, all Common
Area fencing, walls, barricades and other similar structures;
(g) Maintaining, repairing and replacing, when necessary, all storm
drains, sewers and other utility lines and facilities serving the Common Area and not
dedicated to the public or conveyed to any public or private utility; and
- 22 - 299
(h) Performing itself or contracting with a third party or parties to
perform any of the services described herein.
(i) Maintaining Insurance, as deemed appropriate by City, for the
Common Area.
- 23 - 300