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HomeMy WebLinkAboutAGENDA REPORT 1999 1117 CC REG ITEM 10BOL �j01�� rAev-� 1 i' i Ala ITEM / ®. �• CITY OFMOORPIARK, CALIFORNIA City Council ,Meet;ng of jully mb?"Ka! m ACTION: f�nni liVPrl �fi�iff i'�1;. MOORPARK CITY COUNCIL AGENDA REPORT BY• �r,P� --� =ems TO: The Honorable City Council FROM: Mary K. Lindley, Director of Community Services --J DATE: November 5, 1999(CC Meeting of November 17, 1999) SUBJECT: Consider Lease Agreement with Southern California Edison for Unimproved Road at Arroyo Vista Community Park SUMMARY On October 20, 1999, the City Council directed staff to prepare agreements with Southern California Edison (Edison) and Performance Nursery. The purpose of the agreements is to address the use of the unimproved graded dirt road at the east end of Arroyo Vista Community Park, which is owned by the City. The City Council is being asked to approve a lease agreement with Edison, pending final language changes by the City Manager and City Attorney, and authorize the Mayor to execute the Lease on behalf of the City. DISCUSSION At the very eastern end of Arroyo Vista Community Park there is an unimproved dirt road that leads up to the southeast slope to the edge of the Park's property line. The dirt access road is used by Edison and its tenant, Performance Nursery, to travel between two portions of Edison owned property. This road represents the most convenient way between Edison's property along the Arroyo Simi and its property that runs north and south between the Arroyo and Tierra Rejada Road. Edison has used the road to service its utility lines since the time the City has held the deed to the property. Performance Nursery, Edison's tenant, informally began using the road approximately four years ago as its operations were expanded. \ \MOR_PRI_SERV\ home _folders \MLindley \ADMIN \edison per nursery agreement ccagd.doc 000005 Edison /Performance Nursery Agreements Page 2 As staff progressed through the processes, and in consultation with the City Attorney, it became clear that a lease with Edison was a more appropriate arrangement to accomplish the direction and intent of the City Council to address the use of the City' s property. The proposed lease agreement imposes the conditions for the continued use of the road, as directed by the City Council at its October 20 meeting. A draft copy of the Lease Agreement has been provided with this Agenda Report (Attachment A) . In summary, the proposed lease contains the following provisions: • The term is month -to -month and the Lease can be terminated by either party upon thirty (30) days written notice to the other party. The proposed monthly rent recommended by staff is $300. • At the time the Lease is executed, Edison agrees to pay an accrued rent obligation going back four years. • The Lease provides for an annual rent increase tied to the Consumer Price Index (CPI), with a thirty day written notice. • The use of the road would be limited to travel between Edison's property for the purpose of maintenance and repair of the electrical power lines and for wholesale nursery operations only. Edison would be allowed to sublet its Lease with a wholesale nursery operation only. This would allow Performance Nursery to continue to use the dirt road as a tenant of Edison. In turn, Edison would be obligated to ensure that its tenant performs in accordance with the provision of the Lease. • In consideration of the Lease, Edison agrees to restrict ingress and egress to its property from Mesa Verde Drive and Williams Ranch Road. Access to Edison's property will take place from Tierra Rejada Road. Additionally, Edison agrees to ensure that no off - loading takes place on City Streets and that idling of trucks on its property will be limited to five (5) minutes or less. • Use of the dirt road would be limited to Monday through Friday, from 8:00 a.m. to 5:00 p.m. There would be no use of the road on Sundays or City observed holidays. Exceptions to this restriction would be made in the event of an emergency involving Edison's power lines. \ \MOR_PRI_SERV\home_ folders \MLindley \ADMIN \edison per nursery agreement ecagd.doc OOOOOG Edison /Performance Nursery Agreements Page 3 • Daily vehicle trips would also be restricted to no more that three (3) round trips of vehicles consisting of three (3) axles and a gross vehicle weight of between 3,000 and 50,000 pounds, and forty (40) round trips consisting of two (2) axles or less and a gross vehicle weight of 7,000 pounds or less. • No improvements would be allowed without the written consent of the City. • Edison would provide the required liability insurance, naming the City as additionally insured, and would hold harmless and indemnify the City. The City Manager and the Director of Community Services met with the owner of Performance Nursery and representatives from Edison. At that time, the discussions focused on two separate license agreements, and not the lease agreement as is being proposed to the City Council. Both parties were receptive and agreeable to the idea of an agreement. Edison representatives indicated that they needed additional time to conduct a background check on the history of the dirt road and to receive input from its responsible divisions. Performance Nursery expressed concerns with a few of the provisions included in the draft under consideration by the Council. Specifically, Performance Nursery is requesting consideration of expanding the hours and number of day per week the road can be used from 8:00 - 5:00 p.m. Monday through Friday, to 7:00 a.m. to 6:00 p.m. on Monday through Saturday. Additionally, they are also requesting use of the road on City observed holidays. Performance Nursery has also requested that the restriction for ingress and egress at Mesa Verde Drive and Williams Ranch Road be limited to three (3) axle vehicles only. It is recommended that the City Council elect to retain the use and access to City street provision as they appear in the draft Lease Agreement. Additional work needs to be performed before the Lease Agreement can be finalized. Edison needs additional time to confer with its corporate divisions, and staff and the City Attorney need time to review and finalize the Agreement language. The Council is being asked to approved the specific provisions contained in this Agenda Report and to direct staff to proceed with the finalization of the Agreement. Contingent on reaching a satisfactory agreement with Edison, it is also recommended that \ \MOR_PRI_SERV\ home _folders \MLindlcy\ADMIN \edison per nursery agreement ccagd.doc ®®0©®`2 Edison /Performance Nursery Agreements Page 4 the City Council authorize the Mayor to execute the Lease Agreement with Southern California Edison STAFF RECOMMENDATION Approve the proposed Lease Agreement with Southern California Edison as outlined in the Agenda Report, subject to final language approval by the City Manager and City Attorney, and authorize the Mayor to sign on behalf of the City. \ \MOR_PRI_SERV\ home _folders\MLindley\ADMIN \edison per nursery agreement ccagd.doc 000008 ATTACHMENT Pr -- DRAFT -- LEASE This Lease Agreement (hereinafter "Lease ") is made and entered into this day of 1 1999, by and between the City of Moorpark, a municipal corporation, as Licensor (hereinafter "City ") and Southern California Edison, a utility company, as Licensee (hereinafter "Licensee "). WHEREAS, City is the owner of certain real property commonly known as the Arroyo Vista Community Park, more particularly described in the Grant Deed recorded as Document 92- 160359 in the office of the Recorder of Ventura County, further identified in Exhibit (A) of this Agreement, hereto referred to as "Premise "; and WHEREAS, Licensee acknowledges that it has no prior interest in Premise; and WHEREAS, City recognizes that the Licensee has indicated it has periodically used the Premise since the time the City has held the deed to the property; and WHEREAS, Licensee desires to obtain permission to perform certain acts upon Premise, NOW, THEREFORE, it is agreed as follows: Section 1. PROPERTY LEASE City, in consideration of the rents herein agreed to be paid and of the indemnification, covenants, and agreements agreed to herein, hereby Licenses to Licensee, and Licensee hereby Licenses from City, certain real property owned by the City and further described on Exhibit "A" attached hereto and by this reference incorporated herein, together with any and all improvements thereon (all of which are hereinafter referred to as the "Premises "). Section 2. TERM The Lease shall be a month -to -month term commencing on November 1, 1999 and shall remain in effect until either party notifies the other party, with a thirty (30) day written notice, that it wishes to terminate. The City's 000009 obligations hereunder shall be contingent upon Licensee's payment in full of all accrued rental obligations as set forth at Section 3 of this Lease. Section 3. LEASE FEE (A) Licensee hereby acknowledges an accrued Lease fee obligation in the amount of owed by Licensee to the City for Licensee's prior use of the Premise. Licensee shall pay such accrued fee obligation, in full, to City concurrently with the execution of this Lease, which payment shall constitute a condition precedent to the obligations of City hereunder. In the event Licensee fails to pay such accrued fee obligation to City upon the execution of this Lease City may, at City's sole discretion and option, and without waiver or prejudice to any other remedy available to City, terminate this Lease by written notice to Licensee, and thereupon City shall have no further liability or obligation whatsoever to Licensee hereunder. (B) Licensee further agrees to pay the City at time of execution of Lease Agreement, which represents the monthly licensee fee for Premise. Said monthly licensee fee shall be paid to City prior to the first day of each month this Lease remains in effect for the next succeeding month. (C) In further consideration of this Lease, Licensee shall deposit with City Fifteen Hundred Dollars ($1,500.00) in cash to guarantee its performance under Section 3.(B) of this Lease. In the event Licensee fails to pay rent as required in Section 3.(B), above, City may at its sole discretion and in addition to any other remedies provided by this Lease, or by operation of law, deduct the next month's rent from this cash deposit. In the event this occurs and upon written notice from City, Licensee shall remit to City within five (5) days the amount City deducted from said deposit. (D) Beginning on January 1, 2001 and January 1 of each year thereafter, the amount of the monthly rent shall automatically increase by the amount of the increase 2 ()00®� 0 in the Consumer Price Index (CPI) measured for the Los Angeles Metropolitan Area for the preceding twelve (12) month period ending in October. City shall provide Tenant thirty (30) day written notice of the increase in monthly rent. However, failure to provide such notice shall not in any manner negate the requirement for Tenant to pay the increased rent amount. (E) In further consideration of this Lease, Tenant also agrees not to use, or permit its sub -lease or tenant to use, Mesa Verde Drive and Williams Ranch Road, as ingress or egress points for deliveries or distributions on the property owned by Southern California Edison adjacent to Premises. (F) In further consideration of this Lease, Licensee also agrees not to allow any off - loading on City streets, and to limited truck idling to no more than five (5) minutes. Section 4. USE The Premises shall be used for the following specified purpose only and shall not be used for any other purpose without the prior written consent of the City: (A) Purpose: Licensee agrees to use Premise for the purpose of traveling between its properties, which have been identified on Exhibit A to this Lease Agreement, to maintain, service and operate its electrical power lines, and for the wholesale nursery operations. Licensee further agrees that it will not use Premise for any other purpose without the written consent of City. (B) Vehicle Trips: Licensee agrees to limit the number of vehicle trips per day, and consistent with Section 5.c., as follows: 1) no more than three (3) round trip of vehicles consisting of three (3) axles and a gross vehicles weight of 50,000 pounds or less, and 2) no more than forty (40) round trips of vehicles consisting of two (2) axles and a gross vehicle weight of 7,000 pounds or less. 3 000011 (C) Days and Hours: Licensee agrees to restrict its use of Premises for vehicle trips, as identified in Section 5.B., to Monday through Friday, 8:00 a.m. - 5:00 p.m. Licensee further agrees that there will be no vehicle trips on Saturdays and Sundays or City observed holidays, with the exception of emergencies. Section 5. SIGNS Licensee agrees not to allow the construction or placement of any sign, signboard or other form of outdoor advertising on the Premises. In the event of a violation of this provision by Licensee or any one claiming authority under Licensee, Licensee hereby authorizes City as Licensee's agent, to enter the Premises and to remove and dispose of any such sign, signboard or other advertising, and to charge the cost and expense of any such removal and disposal to Licensee who agrees to pay the same on demand. Section 6. LIABILITY INSURANCE As a condition precedent to the effectiveness of this Lease, Licensee shall procure, and thereafter maintain in full force and effect at Licensee's sole cost and expense, a public liability insurance policy including Business Auto written with a company authorized to do insurance business in the State of California with a Best's rating of no less than A:VII and acceptable to City. Such policy shall provide for minimum coverage of two million dollars ($2,000,000) for bodily injury or death of any person or persons in any one occurrence, and five hundred thousand dollars ($500,000) for loss by damage or injury to property in any one occurrence. The policy shall contain a provision providing for the activities of Tenant's agents, suppliers, customers, and a broad form of contractual liability, including Licenses and be written on an occurrence basis. The policy shall name Tenant as the insured and the City as an additional insured. The policy shall also provide that the City shall be notified in writing, at least thirty days prior to any termination, cancellation or expiration thereof. Tenant shall furnish City evidence of all insurance policies required by this Lease in the form of a Certificate of Insurance. Section 7. INDEMNIFICATION AND HOLD HARMLESS 4 000012 Tenant hereby agrees to hold harmless and indemnify City, its officers, agents, and employees, and its successors and assigns, from and against all claims, loss, damage, actions, causes of actions, expense and /or liability arising or growing out of loss or damage to property, including City's own personal property, or injury to or death of persons, including employees of City, resulting in any manner whatsoever directly or indirectly, by reason of this License or the use of the Premises by Tenant or any person claiming use under or through Tenant unless such loss, damage, injury, or death is due to the sole negligence of the City. Tenant shall also hold the City harmless from all costs and expenses, including costs of investigation arising out of or incurred in the defense of any claim, proceeding, or action brought for injury to persons or damage to property, resulting from or associated with the use of said Premises under this Lease and shall further save and hold harmless the City from any and all orders, judgements, and decrees which may be entered in any and all such suit or actions. Tenant and all others using said Premises under this Lease hereby waive any and all claims against the City of damage to persons or property in, or about said Premises. The City does not, and shall not, waive any rights that it may have against Tenant by reason of this Section, because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to Section 7 of this Lease. Said hold harmless and indemnification provision shall apply regardless of whether or not said insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense described in this Section. The provisions of this Section 8 shall survive the expiration or termination of this Lease. Section 8. CASUALTY INSURANCE The parties each specifically acknowledge that City shall not be obligated to keep the Premises insured against fire, or any other insurable risk. 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 Premises by fire, earthquake, flooding, storm or any other cause. Section 9. TAXES ASSESSMENTS AND LIENS 5 000013 Tenant agrees to pay, when due, all taxes and assessments which may be levied upon any crops or personal property which Tenant caused to be grown, placed or maintained upon the Premises, and agrees to keep the Premises free from all liens, including but not limited to mechanics liens, and encumbrances by reason of the use or occupancy of the Premises by Tenant or any person claiming under Tenant. It is further agreed that in the event Tenant shall fail to pay the above - mentioned taxes, assessments, or liens when due, City shall have the right to pay the same and charge the amount thereof to Tenant, who agrees to pay the same on demand, together with interest thereon at the maximum rate allowed by law. Section 10. TENANT'S IMPROVEMENTS Tenant shall not make any alterations, additions, or improvements, including, but not limited to irrigation, grading, utilities, fencing, and structures, upon the Premises without the prior written consent of City. If approved, all alterations, additions and improvements shall be done in a good and workmanlike manner and diligently prosecuted to completion, and shall be performed and maintained in strict accord with all Federal, State, County, and local laws, ordinances, codes and standards relating hereto. Unless otherwise expressly agreed to by the City, any alterations, additions and improvements shall remain on and be surrendered with the Premises upon the expiration or termination of this Lease. Tenant shall timely pay all costs associated with any and all improvements, and shall keep the Premises free and clear of all mechanics liens. Tenant agrees to and shall indemnify, defend and save City free and harmless against all liability, loss, damage, costs, attorney's fees and other expenses of any nature resulting from any Tenant alterations, additions or improvements to the Premises. Tenant also agrees not to alter the grade and topography of Premise in anyway without the prior written consent of City. Section 11. FLAMMABLE, WASTE AND NUISANCES Tenant agrees that it will not place or store any flammable materials on the Premises, that it will not commit any waste or damage, nor suffer any to be done. Tenant also specifically agrees that it will not allow others to take such actions on the Premises. Tenant further agrees that it 6 000014 will keep the premises clean, free from weeds, (including all slope areas) rubbish and debris and in a condition satisfactory to City. Tenant shall also provide adequate controls for dust, odors and noise which may emanate from the Premises or from Tenant's activities on adjacent property and take appropriate steps necessary to prevent dust contamination of City's facilities located on, near or adjacent to the Premises. Tenant also agrees to take preventive action to eliminate such dust, odor, noise or any other nuisance, which may disturb the adjacent or nearby community and agrees to be responsible for and to assume all liability for such dust, odor, noise or other nuisance disturbances. Section 12. PESTICIDES AND HERBICIDES Tenant agrees that any pesticide or herbicide applications on the Premises shall be made in accordance with all Federal, State, County and local laws. Tenant further agrees to substances, which are declared to be either a health or environmental hazard in such a manner as prescribed by law. This shall include, but shall not be limited to, contaminated containers, clothing, equipment or any other contaminated material. Section 13. UNDERGROUND TANKS Notwithstanding anything to the contrary set forth in this Lease, Tenant shall not have the right to install underground or above - ground storage tanks, as defined by any and all applicable laws or regulations, without the prior written consent of the City. Section 14. HAZARDOUS MATERIALS INDEMNITY Tenant hereby agrees to indemnify and hold harmless City, and its respective officers, employees and agents, from and against any and all claims, actions, losses, liabilities, costs and expenses: (a) including, without limitation, all foreseeable and all unforeseeable consequential damages, directly or indirectly arising out of the use, generation, storage or disposal of Hazardous Material on the Premises, or arising out of the presence or use of underground fuel tanks presently located on the Premises; and, (b) including, without limitation, the cost of any required or necessary repair, cleanup, or detoxification and the 7 000015 preparation of any closure or other required plans, to the full extent that such action is attributable, directly or indirectly, to the presence, or use, generation, storage, release, threatened release, or disposal of Hazardous Materials on the Premises. As used in this Section, Hazardous Materials means any flammable explosives, radioactive materials, asbestos, PCBs, hazardous waste, toxic substances of related materials, including, without limitation, substances defined as "hazardous substances ", "hazardous materials ", or "toxic substance" in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 USC, Section 9601, et seq.; the Hazardous Materials Transportation Act, 49 USC, Section 1801, et seq.; the Resource Conservation and Recovery Act 42 USC, Section 6901, et seq.; the Toxic Substances Control Act, 15 USC, Section 2601, et seq.; any other Federal, State or local law applicable to the Premises; and in the rules and regulations adopted or promulgated under or pursuant to any of said laws. The provisions of this Section shall survive the expiration or earlier termination of this Lease. Section 15. UTILITIES In the event utility improvements are approved by City pursuant to Section 11, Tenant agrees to pay all charges and assessments for or in connection with electric current or other utilities, which may be furnished to or used upon the Premises by Tenant during this Lease. It is further agreed that in the event Tenant shall fail to pay the above mentioned charges when due, City shall have the right to pay the same on demand, together with interest thereon at the maximum rate allowed by law. Section 16. NO WARRANTIES BY CITY Tenant hereby agrees and acknowledges that the Premises have been accepted without any representation or warranty by City as to title, fitness for purpose or use, or as to any other matter whatsoever. Section 17. MAINTENANCE Throughout the term of this Lease, Tenant shall, at Tenant's sole cost and expense, repair, replace, keep and maintain the Premises in good order, condition and repair. City shall not be obligated to repair, replace or maintain 8 00001G the Premises in any manner throughout the term of this Lease. Neither shall City be obligated to perform any precautionary or preventative measures with respect to the Premises, including, but not limited to, drainage, flood control and weed abatement measures. 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. Tenant agrees to screen storage of, but not limited to, bins, trash containers, plant containers, pipes, irrigation equipment, portable restroom facilities, and all other nursery operational equipment on Premise from the view of residents located above the slope to the south of Premises. Tenant also agrees to keep Premises free of trash, green waste discards, and non operable equipment. Section 18. ENTRY BY CITY City may enter upon the Premises at all reasonable times to examine the condition thereof, and for the purpose of providing maintenance and making such repairs as City desires to make at its sole discretion. Section 19. GOVERNING LAW Tenant agrees that in the exercise of its rights under this Lease, Tenant shall comply with all applicable Federal, State, County and local laws and regulations in connection with its use of the Premises. The existence, validity, construction, operation and effect of this Lease and all of its terms and provisions shall be determined in accordance with the laws of the State of California. Section 20. DISCRIMINATION Tenant agrees not to discriminate against any person or class of persons by reason of race, color, creed or national origin in the use of the Premises. Section 21. ASSIGNMENT The Lease granted herein is personal to Tenant, and Tenant shall not assign this Lease, or any interest therein, or any right or privilege thereto, to any other person to occupy or use the Premises, or any portion thereof, without 9 0000:1.7 the prior written consent of the City. A consent to one assignment, or use by another person shall not be deemed to be a consent to any subsequent assignment, or use by another person. This Lease shall not, or shall any interest therein, be assignable, as to the interest of Tenant, by operation of law, without the written consent of City. Any assignment without such consent shall be void, and shall, at the option of the City, terminate this Lease. No legal title or leasehold interest in the Premises is created or vested in Tenant by grant of the Lease. Section 22. INSOLVENCY OR BANKRUPTCY If Tenant shall be adjudged bankrupt or insolvent, this Lease shall thereupon immediately terminate and the same shall not be assignable by any process of law, or be treated as an asset of the Tenant under such adjudication, nor shall it pass under the control of any trustee or assignee by virtue of any process in bankruptcy or insolvency, or by execution or assignment for the benefit of creditors. If any such event occurs, this Lease shall immediately become null and void and of no effect, and City may thereupon repossess said Premises and all rights of the Tenant thereupon shall cease and terminate. Section 23. 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 30 days following such notice or if the nature of the default is such that it cannot reasonably be cured within 30 days, if Tenant fails to commence to cure within the 30 day period, the other party may, at its option, terminate this Lease. Such termination shall not be considered a waiver of damages or other remedies available to either party because of such default or breach. Each term and condition of this Lease shall be deemed to be both a covenant and a condition. Section 24. INTERPRETATION 10 000018 Should interpretation of this Lease, or any portion thereof, be necessary, it is deemed that this Lease was prepared by the parties jointly and equally, and shall not be interpreted against either party on the ground that the party prepared the Lease or caused it to be prepared. Section 25. WAIVER A waiver by either party of any default or breach by the other party in the performance of any of the covenants, terms or conditions of this Lease shall not constitute or be deemed a waiver of any subsequent or other default or breach. Section 26. ACQUIESCENCE No acquiescence, failure or neglect of any party hereto to insist on strict performance of any or all of the terms hereof in one instance shall be considered or constitute a waiver of the rights to insist upon strict performance of the terms hereof in any subsequent instance. Section 27. PARTIES BOUND AND BENEFITED The covenants and conditions herein contained shall apply to and bind the heirs, successors, executors, administrators, and assigns of all the parties hereto; and all of the parties hereto shall be jointly and severally liable hereunder. Section 28. CONDEMNATION If the whole of the Premises should be taken by a public authority under the power of eminent domain, then the term of this Lease shall cease on the day of possession by the public authority. If a part only of the premises should be taken under eminent domain, Tenant shall have the right to either terminate this Lease or to continue in possession of the remainder of the Premises. If Tenant remains in possession, all of the terms hereof shall continue in effect, the rental payable being reduced proportionately for the balance of the Lease term. Section 29. MAINTENANCE AND PROTECTION BY TENANT Tenant shall, at Tenant's own expense, take all actions and precautions necessary for the care of Premises including, 11 0000: but not limited to, dust control, insect control, disease control, weed control, rodent control, soil erosion control and any other items necessary for the use of the Premises in accordance with approved standards of Nursery Operation and agricultural practices. Tenant shall at its sole cost and expense keep any buildings, fences, irrigation systems, or other improvements on or placed on the Premises in good repair. Section 30. REMEDIES In case of the failure or refusal of Tenant to comply with and perform each and all of the terms and covenants on its part herein contained, this Lease and all rights hereby given shall, at the option of City, cease and terminate, and City shall have the right forthwith to remove Tenant's personal property from the Licensed property 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. Section 31. ATTORNEYS' FEES In case City shall bring su to recover for breach of condition herein contained judgment for City, Tenant attorneys' fees in addition costs. Section 32. RECORDING it to any and will to t] compel performance of or covenant, agreement or such suit results in a pay to City reasonable 'le amount of judgment and Tenant shall not record this Lease. Section 33. NOTICES AND PAYMENTS All notices required under this Lease including change of address shall be in writing, and all notices and payments shall be made as follows: A. All payments and notices to Tenant shall be given or mailed to: Southern California Edison Phone Number: ( ) 12 000020 24 hour emergency contact number: ( ) B. All payments and notices to City shall be given or mailed to: City of Moorpark City Manager 799 Moorpark Avenue Moorpark, CA 93021 Section 34. PARTIAL INVALIDITY If any term, covenant, condition or provision of this Lease is found by a Court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. Section 35. GENDER AND NUMBER For the purpose of this Lease wherever the masculine or neuter form is used, the same shall include the masculine or feminine, and the singular number shall include the plural and the plural number shall include the singular, wherever the context so requires. Section 36. PARAGRAPH HEADINGS Paragraph headings in this Lease are for convenience only and are not intended to be used in interpreting or construing the terms, covenants and conditions of this Lease. Section 37. MISCELLANEOUS This Lease constitutes the entire agreement between the parties concerning the subject matter hereof, and supersedes all previous negotiations and understandings, oral or written, between the parties. There are no representations, warranties or commitments, oral or written, other than those expressly set forth herein. The Lease shall not be amended in any way except by a writing expressly purporting to be such an amendment, signed and acknowledged by both of the parties hereto. Such amendments may be approved by the City Manager on behalf of the City. 13 000021 IN WITNESS WHEREOF, the parties have caused this Lease to be executed by their duly authorized representative as of the date first written above. SOUTHERN CALIFORNIA EDISON CITY OF MOORPARK Date ATTEST: Deborah Traffenstedt, City Clerk Patrick Hunter, Mayor Date M: \citymgr \Perform Nursery Lease -Final 14 000022 Y PARK ; r LOTS EXISTING SOCCER FIELDS EXISTING GRAVEL PARKING LOT r r- EXISTING FOOTBALL FIELD G RESTROOM BUILDING BALL FIELDS AY AREA EXISTING DIRT ROADS --J FUTURE DEVELOPMENT AREA -� EXISTING 2-1 SLOPE EXISTING TREES EXHIBIT....., NORTH 0 100' 200' 300' One Acre 000093 .