22. Default. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Tenant:
a. The failure by Tenant to make any payment of Base Rent or any other payment required hereunder to Landlord within five (5) days after written notice from Landlord of Tenant’s failure to pay any such obligation when due under this Lease.
b. Use of Lease Premises for any purpose other than as authorized in this Lease;
c. Vacating or abandonment of the Lease Premises by Tenant; d. Failure to provide insurance in accordance with Section 21; e. A failure by Tenant to observe or perform any covenants, conditions or provisions of this Lease (other than payment of money), if the failure to perform is not cured within thirty (30) days of receiving written notice of the default from the Landlord. If the default cannot be reasonably cured within thirty (30) days, Tenant shall not be in default of this Lease if Tenant commences to cure the default within the thirty (30) day period and diligently and in good faith continues to cure the default.
f. The making by Tenant of any general assignment for the benefit of creditors, g. Filing of a voluntary petition in bankruptcy or the adjudication of Tenant as bankrupt.
h. Appointment of a receiver to take possession of all or substantially all the assets of Tenant located at the Lease Premises or of Tenant’s leasehold interest in the Lease Premises.
i. Filing by any creditor of the Tenant of an involuntary petition in bankruptcy which is not dismissed within sixty (60) days after filing. j. Attachment, execution or other judicial seizure of all or substantially all of the assets of Tenant or Tenant’s leasehold where such an attachment, execution or seizure is not discharged within sixty (60) days.
Any notice required to be given by Landlord under this Section 22 shall be in lieu of and not in addition to any notice required under Section 1161 of the California Code of Civil Procedure.
23. Remedies on Default. In the event of any such material default or breach by Tenant, Landlord may at any time thereafter and without notice or demand and,
5.A.6
Attachment: Lease Agreement Arvin Community Center_Arturo's GoJu Karate_062822 (Arvin Community Center Lease Agreements)
without limiting Landlord in the exercise of a right or remedy Landlord may have by reason of such default or breach:
a. Termination of Lease Tenant’s right to possession of the Lease Premises by any lawful means, in which case this Lease shall terminate and Tenant shall immediately surrender possession of the Lease Premises to Landlord. In such event, Landlord shall be entitled to recover from Tenant all damages incurred by Landlord by reason of Tenant’s default including, but not limited to, the cost of recovering possession of the Lease Premises, expenses of reletting, including necessary renovation and alteration of the Lease Premises, for reasonable attorneys’ fees and costs, any real estate commission actually paid, or the worth at the time of the award of the unpaid rent which had been earned at the time of the termination; the worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rent that Lessee proves could have been reasonably avoided; and any other amount necessary to compensate the Landlord for all the detriment proximately caused by the Tenant’s failure to perform Tenant’s obligations under this Lease.
b. Maintain Tenant’s right to possession, in which case this Lease shall continue in effect whether or not Tenant shall be entitled to enforce all of Landlord’s rights and remedies under this Lease, including the right to recover Rent as it becomes due hereunder.
c. Pursue any other remedy now or hereafter available to Landlord under the laws or judicial decisions of the State of California. Furthermore, Tenant agrees that no election by Landlord as to any rights or remedies available hereunder or pursuant to any law or judicial decisions of the State of California shall be binding upon Landlord until the time of trial of any such action or proceeding.
d. Take custody of all personal property owned by Tenant on the Premises and to dispose of the personal property and to apply the proceeds from any sale of that property to Tenant’s obligations under this Lease.
24. Waiver. The waiver by Landlord of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition on any subsequent breach of the same or any other term, covenant or condition herein contained. Acceptance of late payment of Base Rent by Landlord shall not be deemed to be a waiver of any preceding breach by Tenant of any term, covenant or condition of this Lease, other than the failure of Tenant to pay the particular rental so accepted, regardless of Landlord’s knowledge of such preceding breach at the time of acceptance of such Base Rent.
5.A.6
Attachment: Lease Agreement Arvin Community Center_Arturo's GoJu Karate_062822 (Arvin Community Center Lease Agreements)
25. Surrender of Leased Premises. Upon expiration or termination of this Lease, Tenant shall deliver to Landlord physical possession of the Lease Premises and the Leased Personal Property in good condition and repair, reasonable wear and tear.
26. Time. Time is of the essence of this Lease and each and all of its provisions.
27. Inability to Perform. This Lease and the obligations of Tenant hereunder shall not be affected or impaired because Landlord is unable to fulfill any of its obligations hereunder or is delayed in doing so, if such inability or delay is caused by reason of strike, war, civil insurrection, acts of God, or any other cause beyond the reasonable control of Landlord.
28. Sale of Premises by Landlord. In the event of any sale of the Lease Premises, Landlord shall be and hereby is entirely freed and relieved of all liability under any and all of the covenants and obligations contained in or derived from this Lease arising out of any act, occurrence or omission occurring after the consummation of such sale. The purchaser, at such sale or any subsequent sale of the Lease Premises, shall be deemed, without any further agreements between the parties or their successors in interest or between the parties and any such purchaser, to have assumed and agreed to carry out each and all of the covenants and obligations of Landlord under this Lease.
29. Successors. The covenants herein contained shall, subject to the provisions as to assignment, apply to and bind the heirs, successors, executors, administrators and assigns of all the Parties hereto, and each and all, including the Party making the assignment, shall be jointly and severally liable hereunder.
30. Notices. Any notices, demands or communications under this Agreement between the parties shall be in writing, and may be given by (i) personal service, (ii) overnight delivery, or (iii) mailing via United States mail, certified mail, postage prepaid, return receipt requested, addressed to each party as set forth below or such other address as may be furnished in writing by a party, and such notice or communication shall, if properly addressed, be deemed to have been given (a) as of the date so delivered under delivery methods (i) or (ii) above, or (b) three (3) business days after deposit into the U.S. Mail.
Tenant: Arturo’s GoJu Karate
XXXXXXXXXX
Arvin, CA 93203
Landlord: City of Arvin
200 Campus Drive
Arvin, California 93203
Attention: City Manager
5.A.6
Attachment: Lease Agreement Arvin Community Center_Arturo's GoJu Karate_062822 (Arvin Community Center Lease Agreements)
Copy to: Hodges Law Group
Attn: Nathan Hodges
1925 G Street
Bakersfield, California 93301
31. Execution by Landlord Not a Waiver. Tenant understands and agrees that Landlord, by entering into and executing this Lease, shall not have waived any right, duty, privilege, obligation or authority vested in Landlord with respect to the Lease Premises to approve, disapprove or conditionally approve any application which Tenant may be required to make under any laws, rules, ordinances or regulations now or hereafter in effect which said Landlord may be empowered to apply including, but not limited to, any use permit or approval, whether similar in nature or not.
32. Entire Agreement. This Lease contains the entire agreement between the parties. No promise, representation, warranty, or covenant not included in this Lease has been or is relied on by either party. Each party has relied on his own examination of this Lease, the counsel of his own advisors, and the warranties, representations, and covenants in the Lease itself. The failure or refusal of either party to inspect the Lease Premises or improvements, to read the Lease or other documents or to obtain legal or other advice relevant to this transaction constitutes a waiver of any objection, contention, or claim that might have been based on such reading, inspection, or advice.
33. Construction. This Lease shall be construed according to its fair meaning as if prepared by both parties. Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.
34. Attorneys’ Fees. In the event that any action or proceeding is brought by either party to enforce any term or provision of this Lease, the prevailing party shall recover its reasonable attorneys’ fees and costs incurred with respect thereto.
35. Authority of Parties. Each individual executing this Lease on behalf of Tenant represents and warrants that he or she is fully authorized to execute and deliver this Lease on behalf of Tenant and that this Lease is binding upon Tenant in accordance with its terms.
36. Governing Law. This Lease shall be governed by, interpreted under, and construed and enforced in accordance with the laws of the State of California.
37. Jurisdiction. If any legal action is necessary to enforce the terms and conditions of this Agreement, the parties agree that a court of competent jurisdiction in the County of Kern shall be the sole venue and jurisdiction for the bringing of such action.
38. Severability. If any paragraph, section, sentence, clause, or phrase contained in this Lease shall become illegal, null or void, against public policy, or
5.A.6
Attachment: Lease Agreement Arvin Community Center_Arturo's GoJu Karate_062822 (Arvin Community Center Lease Agreements)
otherwise unenforceable, for any reason, or held by any court of competent jurisdiction to be illegal, null or void, against public policy, or otherwise unenforceable, the remaining paragraphs, sections, sentences, clauses or phrases contained in the Lease shall not be affected thereby.
39. Recordation of Lease. In accordance with Government Code Section 37393, this Lease shall be recorded in the Official Records of Los Angeles County.
Upon extension of the Term or any exercise of rights under this Lease to terminate, the parties shall execute and record an amendment to this Lease. Tenant shall cooperate with executing any documents reasonably required to effect this provision. Upon termination of the Lease, Tenant shall execute and acknowledge any documents reasonably requested by Landlord in order to terminate the Lease of record. This obligation shall survive termination of this Lease for any reason.
40. Interest. Any sum due to the Landlord under this Lease shall bear simple interest from and after its due date at a rate equal to ten percent (10%) per month until paid to Landlord, but not in excess of the maximum rate permitted by law.
41. Amendment or Modification. Any modification or amendment of any provision of this Agreement must be in writing executed by both Parties and approved by the Landlord in accordance with applicable law.
42. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original but all of which shall be deemed but one and the same instrument, and a facsimile copy of such execution shall be deemed an original.
43. Non-Discrimination: Tenant herein covenants by and for Tenant, Tenant’s successors, heirs, executors, administrators and assigns, and all persons claiming under or through Tenant, and this Lease is made and accepted upon and subject to the following conditions: that there shall be no discrimination against or segregation of any person or group of persons, on account of race, color, creed, religion, sex, marital status, national origin or ancestry, in the use, occupancy, tenure or enjoyment of the Lease Premises.
44. Acknowledgment:. Each Party acknowledges that they have read and fully understand the contents of this Lease and have had an opportunity to consult with an attorney regarding the same. This Lease represents the entire and integrated agreement between the Parties with respect to the subject matter hereof and supersedes all prior negotiations, representations and agreements, either written or oral.
NOW, THEREFORE, the parties hereto have entered into the Lease as of the Lease Date.
5.A.6
Attachment: Lease Agreement Arvin Community Center_Arturo's GoJu Karate_062822 (Arvin Community Center Lease Agreements)
TENANT: LANDLORD:
ARTURO HINOJOSA
ARTURO’S GOJU KARATE
By: _______________________
(Signature)
Name: ____________________
(Print)
Title: _____________________
Dated: _______________, 2022
CITY OF ARVIN
a municipal corporation
By: _____________________________
Jeff Jones, City Manager
Dated: ________________, 2022
ATTEST:
By: ____________________
Cecilia Vela, City Clerk
APPROVED AS TO FORM:
Hodges Law Group
By: ___________________
Nathan Hodges
City Attorney
5.A.6
Attachment: Lease Agreement Arvin Community Center_Arturo's GoJu Karate_062822 (Arvin Community Center Lease Agreements)
EXHIBIT A
LEGAL DESCRIPTION
Portion of City of Arvin, Block FHC, Lot 2230 (APN 192-090-04-00-9)
5.A.6
Attachment: Lease Agreement Arvin Community Center_Arturo's GoJu Karate_062822 (Arvin Community Center Lease Agreements)
EXHIBIT B
LEASE PREMISES
DESCRIPTION AND DEPICTION OF THE “PREMISES”
Room #4 - Not
Available
Main Recreation Hall Area -
Not Available
Room #1 -
Not
Available
Room #2 –
This will be
the room
utilized.
Room #3
- Not
Available
Restroom
(Available
during
operation)
5.A.6
Attachment: Lease Agreement Arvin Community Center_Arturo's GoJu Karate_062822 (Arvin Community Center Lease Agreements)
EMERGENCY CONTACT LIST
BUSINESS NAME:_____________________________________________
PERSONAL
OWNER(S)___________________________________________________
CONTACT IN CASE OF PERSONAL EMERGENCY
Name:_______________________________________________________ Daytime Phone: _______________________________
After Hours Phone: ___________________________
CONTACT IN CASE OF FACILITIES EMERGENCY
MANAGER’S NAME:____________________________________________ MANAGER’S PHONE: ________________________ HOME: ____________________ ALTERNATE CONTACT:_________________________________________ PHONE: ______________________________________
OTHER CONTACTS:____________________________________________
5.A.6
Attachment: Lease Agreement Arvin Community Center_Arturo's GoJu Karate_062822 (Arvin Community Center Lease Agreements)
ARVIN COMMUNITY CENTER
MOVE-IN INSPECTION LIST
Date of Inspection: _________________ Suite(s) #
Check
1. Space completely empty of any and all tenants owned items □
2. All floors swept/vacuumed □
3. Walls cleaned □
4. All holes in walls filled □
5. Windows and window sills clean □
6. Doors and door handles clean, inside and out □
7. Door locks in good working condition □
8. All keys returned □
9. Electrical cover and switch plates intact and in place □
10. Light fixtures cleaned and light bulbs in place and operational □
11. Exterior area of business clear and free of debris. □
LESSEE/COMPANY
I acknowledge receipt of this move-in inspection list and understand the City of Arvin will deduct all costs for labor and repairs and/or parts from our deposit upon termination of the lease for the above-mentioned Suite(s).
Lessee/Company Name:
Print Name:
Lessee/Company Authorized Personnel
Signature:
Lessee/Company Authorized Personnel
Date:
CITY OF ARVIN
PUBLIC WORKS DEPARTMENT
Inspected by:
Signature
Print Name/Title:
Date: _____________________________________
SUBMIT COMPLETED FORM TO THE CITY CLERK’S OFFICE ALONG WITH PHOTOS, IF ANY, AFTER INSPECTION.
5.A.6
Attachment: Lease Agreement Arvin Community Center_Arturo's GoJu Karate_062822 (Arvin Community Center Lease Agreements)
ARVIN COMMUNITY CENTER
MOVE-OUT INSPECTION LIST
(Page 1 of 2)
Date of Inspection: _________________ Suite(s) #
Check
1. Space completely empty of any and all tenants owned items □
2. All floors swept/vacuumed □
3. Walls cleaned □
4. All holes in walls filled □
5. Windows and window sills clean □
6. Doors and door handles clean, inside and out □
7. Door locks in good working condition □
8. All keys returned □
9. Electrical cover and switch plates intact and in place □
10. Light fixtures cleaned and light bulbs in place and operational □
11. Exterior area of business clear and free of debris. □ Repairs Needed: Hours:
_________________________________________ Hours_________________ _________________________________________ Hours_________________ _________________________________________ Hours_________________ Parts Replaced: Total Costs:
_________________________________________ $_____________________ _________________________________________ $_____________________ _________________________________________ $_____________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Total Hours for Clean Up: ___________.
No Charge. Area was found in good condition.
Please Charge Lessee for ___________ hours.
Total Charges for Damages and/or Parts: $_________________
CITY OF ARVIN
Inspected by: ________________________________
City of Arvin Public Works
Please provide any additional details on cleaning, including damages and repairs or replacement parts needed:
5.A.6
Attachment: Lease Agreement Arvin Community Center_Arturo's GoJu Karate_062822 (Arvin Community Center Lease Agreements)
ARVIN COMMUNITY CENTER
MOVE-OUT INSPECTION LIST
(Page 2 of 2)
LESSEE/COMPANY
I acknowledge receipt of this move-out inspection list and understand the City of Arvin will deduct the above-mentioned amount for repairs and/or parts from our deposit previously provided to the City of Arvin for the above-mentioned Suite(s).
Lessee/Company Name:
Print Name:
Lessee/Company Authorized Personnel
Signature:
Lessee/Company Authorized Personnel
Date:
SUBMIT COMPLETED FORM TO THE CITY CLERK’S OFFICE ALONG WITH PHOTOS, IF ANY, AFTER INSPECTION.
For Office Use Only:
Hours Charged: ___________ @ $35.00 hour = $__________________ Damages/Parts Charges = $________________ Total Costs: $_____________ Date Received: Processed By
5.A.6
Attachment: Lease Agreement Arvin Community Center_Arturo's GoJu Karate_062822 (Arvin Community Center Lease Agreements) City of Arvin - General Fund Revenue Analysis
Fiscal Year 2021-22 as of 04/30/22. % of year = 83.3
Report updated 06/06/22. dollars in thousands ($000)
Category Budget YTD FY 22 Budget %
Administrative Cost Recovery 316 263 83.2%
Business License etc. 46 36 78.3%
Franchise Fees 468 387 82.7%
Planning Department Fees 362 265 73.2%
Police Department Fees 32 25 78.1%
Property Tax Fees 265 184 69.4%
Rental of Facilities 40 33 82.5%
*Sales Tax - General 883 920 104.2%
*Sales Tax - Measure L 1,772 1,860 105.0%
**Vehicle License Fees (VLF)/taxes 2,183 2,246 102.9%
Cannabis Taxes 550 255 46.4%
Miscellaneous and One-Time Revenue - 93 NA
Total General Fund Revenue 6,917 6,567 94.9%
* - Sales tax revenue is reported one month behind
** VLF fees received only in months of December and May Prepared by Jeff Jones City of Arvin Finance Department 6/13/2022
6.A.1
Attachment: 04.22 report (Monthly Financial Report - April 2022) City of Arvin - General Fund Expense Analysis
Fiscal Year 2021-22 as of 04/30/22. % of year = 83.3
Report updated 05/09/22. dollars in thousands ($000)
Category Budget YTD FY 22 Budget %
*Salaries and Benefits 4,434 3,846 86.7%
Kern County Fire Contract 694 579 83.4%
General City Expenses 400 397 99.3%
**Professional Service Contracts 421 548 130.2%
***Maintenance 176 190 108.0%
Legal 251 156 62.2%
Information Technology 211 197 93.4%
Utilities 244 195 79.9%
Miscellaneous 85 - 0.0%
Total General Fund Expenses 6,916 6,108 88.3%
* Over-budget the result of increased sick pay due to COVID and increased overtime in police department
** Increased cannabis planning support offset by additional cannabis revenue *** Deferred maintenance expenses on buildings and parks.
Prepared by Jeff Jones City of Arvin Finance Department 6/13/2022
6.A.1
Attachment: 04.22 report (Monthly Financial Report - April 2022)