14-J
TO: Honorable Mayor and Members of the City Council
ATTENTION: Ryan Smoot, City Manager
FROM: Jim DellaLonga, Director of Economic Development
SUBJECT: Consideration and possible action to receive and file Lease Agreement File No. 1047 with KaziRokz LLC for lease of property at 16552 Bellflower Boulevard, also known as Kiosk B.
DATE: May 28, 2024
EXECUTIVE SUMMARY
In March 2024, Millennial Threadz vacated the City-owned property located at 16552 Bellflower Boulevard, also known as Kiosk B. On May 15, 2024, the City entered into Lease Agreement File No. 1047 with KaziRokz LLC, which sells skincare products and handmade crafts. The purpose of this agreement is to allow KaziRokz LLC to use Kiosk B as a retail store. The lease term begins on June 1, 2024.
RECOMMENDATION TO THE CITY COUNCIL
1) Receive and File Lease Agreement File No. 1047; or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
For the first six full calendar months of the Lease, KaziRokz LLC is required to pay a monthly lease fee of $150. Starting with month seven through month 12, KaziRokz LLC is not required to pay a monthly lease fee for use of the kiosk. Resuming at month 13, KaziRokz LLC is required to pay $150 to the City for the remaining 12 months of the Lease.
DISCUSSION
On April 25, 2016, the City Council approved the guidelines and incentives for the Kiosk Small Business Program to encourage entrepreneurs to submit application s and business proposals. During the Spring 2024 submission period, a total of 8 proposals were received for the Kiosk B vacancy. Economic Development Department staff independently reviewed and scored each proposal. After the scores were tallied, staff determined that KaziRokz LLC scored the highest of the proposals submitted and the Economic Development Department offered them the lease space. KaziRokz LLC will sell natural skincare products and handsewn items from Kiosk B. KaziRokz LLC has participated as a regular vendor at many Farmers Markets, including our City’s market, is a graduate of the City’s 37 Oaks Retail Readiness online entrepreneurial training program, and will use Kiosk B for walkup retail purchases, online sales pick up and package preparation for mailing.
ATTACHMENT
Agreement File No. 1047 ................................................................................................ 2
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DocuSign Envelope ID:58814139-BB16-4F94-AD01-D0234864E270 AGREEMENT FILE NO. 1047
LEASE AGREEMENT
BETWEEN
THE CITY OF BELLFLOWER AND
KAZIROKZ LLC
FOR USE OF CITY'S PROPERTY LOCATED AT
16552 BELLFLOWER BLVD. UNIT B, BELLFLOWER CA 90706
THIS LEASE is entered into this 151h day of May 2024, by and between the CITY OF BELLFLOWER, a municipal corporation and general law city CITY") and KaziRokz LLC, a California Limited Liability Company LESSEE").
1. RECITALS. This Lease is made with reference to the following facts and objectives:
A. CITY is the owner of commercial real property identified. CITY desires to lease the real property to LESSEE as part of the CITY's kiosk promotion.
B. LESSEE is a corporation that desires to lease the commercial real property from CITY pursuant to the terms and conditions outlined in this lease.
2. LEASE; DESCRIPTION OF PROPERTY. CITY leases to LESSEE to use, on the terms and conditions of this Lease, portions of real property identified as 16552 Bellflower Blvd., Kiosk B ("Property"), which is incorporated by reference.
3. RENT. LESSEE agrees to pay to CITY as rental for the Property the sum of one hundred fifty dollars ($150.00) each month, payable in advance on the first day of each month during the term.
A. For the first month of the term of this Lease, and for each of the five months that follow, LESSEE must pay the CITY the full amount of rent as described above.
B. Commencing on the seventh month of the term of this Lease, and for each of the five months that follow, LESSEE need not pay any rent to the CITY.
C. Commencing on the thirteenth month of the term of this Lease (i.e., the first month of the second year of the term of the Lease), and for each month that follows until the Lease is terminated, LESSEE must pay the CITY the full amount of rent as described above.
4. TERM. The initial term of this Lease is for two (2) years, commencing on June 1, 2024 ("Initial Lease Term"). Provided that LESSEE is not in default in the performance of this Lease, upon the expiration of the Initial Lease Term, the term will continue as a month-to-month tenancy. The LESSEE may only terminate their Lease on the last day of any month and the CITY must receive a written notification of non-renewal at least 30 days prior to the last day of that month. If the LESSEE plans to leave on or after the first day of any month, they are responsible for that month's full rent.
DowSIon Envelope ID: 58814138816-4FWADOI-00234364E270
AGREEMENT FILE NO. 1047
LEASE AGREEMENT _
BETWEEN
THE CITY OF BELLFLOWER AND
KAZIROKZ LLC
FOR USE OF CITY’S PROPERTY LOCATED AT
16552 BELLFLOWER BLVD. UNIT B, BELLFLOWER CA 90706
THIS LEASE is entered into this 15th day of May 2024, by and between the CITY OF BELLFLOWER, a municipal corporation and general law city (“CITY") and KaziRokz LLC, a California Limited Liability Company (“LESSEE”).
1. RECITALS. This Lease is made with reference to the following facts and objectives:
A. CITY is the owner of commercial real property identified. CITY desires to lease the real property to LESSEE as part of the ClTY's kiosk promotion.
B. LESSEE is a corporation that desires to lease the commercial real property from CITY pursuant to the terms and conditions outlined in this lease.
2. LEASE; DESCRIPTION OF PROPERTY. CITY leases to LESSEE to use, on the terms and conditions of this Lease, portions of real property identified as 16552 Bellflower Blvd-., Kiosk B (“Property”), which is incorporated by reference.
3. RENT. LESSEE agrees to pay to CITY as rental for the Property the sum of one hundred fifty dollars ($150.00) each month, payable in advance on the first day of each month during the term.
A. For the first month of the term of this Lease, and for each of the five months that follow, LESSEE must pay the CITY the full amount of rent as described above.
B. Commencing on the seventh month of the term of this Lease. and for each of the five months that follow, LESSEE need not pay any rent to the CITY.
C. Commencing on the thirteenth month of the term of this Lease (129., the first month of the second year of the term of the Lease), and for each month that follows until the Lease ls terminated, LESSEE must pay the CITY the full amount of rent as described above.
4. TERM. The initial term of this Lease is for two (2) years, commencing on June 1. 2024 (“Initial Lease Term”). Provided that LESSEE is not in default in the performance of this Lease, upon the expiration of the Initial Lease Term, the term will continue as a month-to-month tenancy. The LESSEE may only terminate their Lease on the last day of any month and the CITY must receive a written notification of non-renewal at least 30 days prior to the last day of that month. If the LESSEE plans to leave on or after the first day of any month, they are responsible for that month’s full rent.
DocuSign Envelope ID:58814139-BB16-4F94-AD01-D0234B64E270 City of Bellflower
Agreement File No. 1047
KaziRokz LLC
5. USE OF PROPERTY. Subject to the limitations listed below, LESSEE may use the Property for the commercial selling of natural skincare products, handsewn bags, and other related products. The Property may not be used for any other purpose.
6. UTILITIES; BELMONT COURT RESTROOM KEYS.
A. LESSEE is responsible directly to the serving entities for all utilities required for its use of the Property. "Utilities" means electricity, gas, telephone services, trash, water, and cable television.
B. LESSEE agrees to order, obtain, and pay for all utilities and service and installation charges in connection with the development and operation of the Property.
C. Except as stated in subsection B, LESSEE agrees to order, obtain, and pay for all utilities and service and installation charges in connection with the development and operation of the Property.
D. The LESSEE agrees to pay CITY a deposit of$50 for Belmont Court Restroom keys. This amount is refundable upon termination of the Lease.
7. TRASH AND GARBAGE. LESSEE will provide and pay all costs for the complete and proper disposal and timely removal of all refuse resulting from its operations. LESSEE will provide and use appropriate covered receptacles for all refuse at the Property. Piling boxes, cartons, barrels or other similar items in view of a public area will not be permitted. LESSEE is responsible for the proper disposal of its refuse in such a manner as not to contaminate or restrict sewer lines.
8. MAINTENANCE QUALITY. CITY's designees may, at any reasonable time and without notice, enter the Property to determine if satisfactory maintenance is being performed. If the quality of maintenance is unreasonable, CITY will provide written notice to LESSEE which includes the specific nature of the complaint.
Should LESSEE fail to improve and sustain quality maintenance within thirty (30) days of CITY's notice, CITY may enter upon the Property and perform such maintenance. LESSEE will promptly reimburse CITY for the cost of maintenance, plus ten percent (10%) for CITY's administrative overhead.
9. HAZARDOUS WASTE. CITY has not, nor, to CITY's knowledge, has any third party used, generated, stored, or disposed of, or permitted the use, generation, storage, or disposal of, any hazardous material (as defined below) on, under, or within the Property in violation of any law or regulation. LESSEE agrees that it will not use, generate, store, or dispose of any hazardous material (as defined below) on, under, or within the Property in violation of any law or regulation. LESSEE agrees to defend and indemnify CITY, as provided in this Lease, against any and all losses, liabilities, claims, and/or costs arising from any breach by LESSEE of any warranty or agreement contained in this section. As used in this section,
DocuSign EnVIlopo ID: 55814139£B1HFWADO100234564E270
City of Beilflower
Agreement File No. 1047
Kalokz LLC
5. USE OF PROPERTY. Subject to the limitations listed below, LESSEE may use the Property for the commercial selling of natural skincare products, handsewn bags, and other related products. The Property may not be used for any other purpose.
6. UTILITIES; BELMONT COURT RESTROOM KEYS.
A. LESSEE is responsible directly to the sewing entities for all utilities required for its use of the Property. “Utilities” means electricity, gas, telephone services, trash, water, and cable television.
8. LESSEE agrees to order, obtain, and pay for all utilities and service and installation charges in connection with the development and operation of the Property.
C. Except as stated in subsection B, LESSEE agrees to order, obtain, and pay for all utilities and service and installation charges in connection with the development and operation of the Property.
D. The LESSEE agrees to pay CITY a deposit of $50 for Belmont Court Restroom keys. This amount is refundable upon termination of the Lease.
7. TRASH AND GARBAGE. LESSEE will provide and pay all costs for the complete and proper disposal and timely removal of all refuse resulting from its operations. LESSEE will provide and use appropriate covered receptacles for all refuse at the Property. Piling boxes, cartons, barrels or other similar items in view of a public area will not be permitted. LESSEE is responsible for the proper disposal of its refuse in such a manner as not to contaminate or restrict sewer lines.
8. MAINTENANCE QUALITY. ClTY's designees may, at any reasonable time and without notice, enter the Property to determine if satisfactory maintenance is being performed. If the quality of maintenance is unreasonable, CITY will provide written notice to LESSEE which includes the specific nature of the complaint.
Should LESSEE fail to improve and sustain quality maintenance within thirty (30) days of ClTY's notice, CITY may enter upon the Property and perform such maintenance. LESSEE will promptly reimburse CITY for the cost of maintenance, plus ten percent (10%) for ClTY’s administrative overhead.
9. HAZARDOUS WASTE. CITY has not, nor, to ClTY's knowledge, has any third party used, generated, stored, or disposed of, or permitted the use, generation, storage, or disposal of, any hazardous material (as defined below) on, under, or within the Property in violation of any law or regulation. LESSEE agrees that it will not use, generate, store, or dispose of any hazardous material (as defined below) on, under, or within the Property in violation of any law or regulation. LESSEE agrees to defend and indemnify CITY, as provided in this Lease, against any and all losses, liabilities, claims, and/or costs arising from any breach by LESSEE of any warranty or agreement contained in this section. As used in this section,
DocuSign Envelope ID:58814139-BB16-4F94-AD01-D0234864E270 City of Bellflower
Agreement File No. 1047
KaziRokz LLC
hazardous material" means any substance, chemical or waste that is identified as hazardous, toxic, or dangerous in any applicable federal, state or local law or regulation (including petroleum and asbestos).
10.POSSESSORY INTEREST TAXES. LESSEE is informed by CITY pursuant to Revenue & Taxation Code § 107.6 that its property interest in the Property may be subject to property taxation if created and that LESSEE may be subject to the payment of property taxes levied on its interest. LESSEE may not deduct such amount from payments to CITY.
11.QUIET ENJOYMENT. CITY agrees that LESSEE, upon making payments to be paid by LESSEE under the terms of this Agreement and upon observing and keeping the agreements and each of the covenants of this Lease will lawfully and quietly hold, occupy, and enjoy the Property during the term of this Lease.
12.CITY'S LIMITED WARRANTY. CITY warrants that it is under no disability, restriction or prohibition, whether contractual or otherwise, with respect to its right to execute this agreement and perform its terms and conditions and has the legal right, power and authority to grant all of the rights granted herein.
13.TERMINATION. This Lease may be terminated as follows:
A. At the expiration of the term;
B. Upon mutual written agreement between the parties;
C. If either party gives thirty (30)days' written notice to the other of its intent to terminate this Lease;
D. Upon the Property being condemned; or
E. Should LESSEE materially breach this Lease and fail to cure such breach within thirty (30) days of being notified by CITY regarding such breach to CITY's reasonable satisfaction.
14.CONDITION OF PROPERTY UPON TERMINATION. Upon termination of this Lease for any reason, LESSEE will vacate the Property and deliver it to CITY in good order and condition, damage by the elements, earthquake, and ordinary wear and tear excepted.
15.SALE OR TRANSFER BY CITY. Should CITY, at any time during the term of this Lease, sell, lease, transfer, or otherwise convey all or any part of the Property to any transferee other than LESSEE, then such transfer will be under and subject to this Lease and all of LESSEE's rights hereunder.
16.CONDEMNATION. If all or part of the Property is acquired by eminent domain or purchase in lieu thereof, LESSEE acknowledges that it will have no claim to any
Dunstan Envelope ID: “814139-3316-4F94-ADO1-DO234WEZ70
City of Bellflower
Agreement File No. 1047
Kalokz LLC
“hazardous material” means any substance, chemical or waste that is identified as hazardous, toxic, or dangerous in any applicable federal, state or local law or regulation (including petroleum and asbestos).
10. POSSESSORY INTEREST TAXES. LESSEE is informed by CITY pursuant to Revenue & Taxation Code § 107.6 that its property interest in the Property may be subject to property taxation if created and that LESSEE may be subject to the payment of property taxes levied on its interest. LESSEE may not deduct such amount from payments to CITY.
11.0UIET ENJOYMENT. CITY agrees that LESSEE, upon making payments to be paid by LESSEE under the terms of this Agreement and upon observing and keeping the agreements and each of the covenants of this Lease will lawfully and quietly hold, occupy, and enjoy the Property during the term of this Lease.
12.CITY’S LIMITED WARRANTY. CITY warrants that it is under no disability, restriction or prohibition, whether mnhactual or otherwise, with respect to its right to execute this agreement and perform its terms and conditions and has the legal right, power and authority to grant all of the rights granted herein.
13.TERMINATION. This Lease may be terminated as follows:
A. At the expiration of the term;
B. Upon mutual written agreement between the parties;
C. If either party gives thirty (30) days' written notice to the other of its intent to terminate this Lease;
D. Upon the Property being condemned; or
E. Should LESSEE materially breach this Lease and fail to cure such breach within thirty (30) days of being notified by CITY regarding such breach to ClTY's reasonable satisfaction.
14.CONDITION OF PROPERTY UPON TERMINATION. Upon termination of this Lease for any reason, LESSEE will vacate the Property and deliver it to CITY in good order and condition, damage by the elements. earthquake, and ordinary wear and tear excepted.
15.SALE OR TRANSFER BY CITY. Should CITY, at any time during the term of this Lease, sell, lease, transfer, or otherwise convey all or any part of the Property to any transferee other than LESSEE, then such transfer will be under and subject to this Lease and all of LESSEE's rights hereunder.
16.CONDEMNATION. If all or part of the Property is acquired by eminent domain or purchase in lieu thereof, LESSEE acknowledges that it will have no claim to any
DocuSign Envelope ID:58814139-BB16-4F94-ADO1-D0234B64E270 City of Bellflower
Agreement File No. 1047
KaziRokz LLC
compensation awarded for the taking of the Property or any portion thereof or for loss of or damage to LESSEE's improvements.
17.RELOCATION BENEFITS. LESSEE acknowledges that it was informed that CITY is a public entity and that the Property was previously acquired by CITY for a public purpose. LESSEE further acknowledges that any rights acquired under this Lease arose after the date of acquisition of the Property and that said rights are subject to termination when the Property is needed by CITY. LESSEE acknowledges that at the time of any termination of this Lease, LESSEE will not be a "displaced person" entitled to any of the relocation assistance or benefits offered to displaced persons under State or Federal law.
18.NO PUBLIC PROJECT. All rights given to LESSEE pursuant to this Lease are for LESSEE's use of the public property identified herein. Any trespass, use, or other utilization of private property by LESSEE is done at its own risk; LESSEE is not an agent of CITY and this Lease is not intended, nor should it be construed, to constitute a public project.
19.FORCE MAJEURE. Should performance of this Lease be prevented due to fire, flood, explosion, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties' control, then it will immediately terminate without obligation of either party to the other.
20.NO FIXTURES. Improvements and facilities that currently exist or may be constructed during the term of this Lease will not constitute fixtures attached to the Property. Any such facilities may be removed by LESSEE upon termination of the Lease.
21.ALTERATIONS, MECHANICS' LIENS. Except as provided by this Lease, LESSEE will not make, or cause to be made, any alterations to the property, or any part thereof, without CITY's prior written consent. LESSEE will keep the property free from any liens arising out of any work performed, material furnished, or obligations incurred by LESSEE.
22.ASSIGNMENT AND SUBLETTING. This Lease may not be assigned, transferred, or sublet by LESSEE, court order, or through any other means. Any such purported transfer will be null and void.
23.HOLDOVER. If LESSEE holds possession of the Property after the initial term, or any option, expires, with CITY's written consent, LESSEE will become a tenant from month-to-month at the fair market rental rate per month. Such tenancy will be subject to all of the terms and conditions of this Lease.
DocuSIgn Envelope ID: 568141398316-4F94-ADO1-DO2343ME270 City of Bellflower
Agreement File No. 1047
Kalokz LLC
compensation awarded for the taking of the Property or any portion thereof or for loss of or damage to LESSEE's improvements.
17. RELOCATION BENEFITS. LESSEE acknowledges that it was informed that CITY is a public entity and that the Property was previously acquired by CITY for a public purpose. LESSEE further acknowledges that any rights acquired under this Lease arose after the date of acquisition of the Property and that said rights are subject to termination when the Property is needed by CITY. LESSEE acknowledges that at the time of any termination of this Lease. LESSEE will not be a “displaced person” entitled to any of the relocation assistance or benefits offered to displaced persons under State or Federal law.
18. NO PUBLIC PROJECT. All rights given to LESSEE pursuant to this Lease are for LESSEE’s use of the public property identified herein. Any trespass, use, or other utilization of private property by LESSEE is done at its own risk; LESSEE is not an agent of CITY and this Lease is not intended, nor should it be constmed, to constitute a public project.
19. FORCE MAJEURE. Should performance of this Lease be prevented due to fire, flood. explosion, war, embargo, government action, civil or military authority, the natural elements. or other similar causes beyond the Parties’ control, then it will immediately terminate without obligation of either party to the other.
20. NO FIXTURES. Improvements and facilities that currently exist or may be constructed during the term of this Lease will not constitute fixtures attached to the Property. Any such facilities may be removed by LESSEE upon termination of the Lease.
21.ALTERATIONS, MECHANICS’ LIENS. Except as provided by this Lease, LESSEE will not make, or cause to be made, any alterations to the property, or any part thereof, without CITY's prior written consent. LESSEE will keep the property free from any liens arising out of any work performed, material furnished, or obligations incurred by LESSEE.
22.ASSIGNMENT AND SUBLETTING. This Lease may not be assigned, transferred, or sublet by LESSEE, court order, or through any other means. Any such purported transfer will be null and void.
23. HOLDOVER. If LESSEE holds possession of the Property after the initial term, or any option, expires, with CITY's written consent, LESSEE will become a tenant from month-to-month at the fair market rental rate per month. Such tenancy will be subject to all of the terms and conditions of this Lease.
DocuSign Envelope ID:58814139-BB16-4F94-AD01-D0234B64E270 City of Bellflower
Agreement File No. 1047
KaziRokz LLC
24.INDEMNIFICATION.
A. LESSEE indemnifies and holds CITY harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising out of this Lease, or its performance, except for such loss or damage arising from CITY's sole negligence or willful misconduct. Should CITY be named in any suit, or should any claim be against it, by suit or otherwise, whether the same be groundless or not, arising out of this Lease, or its performance, pursuant to this Lease, LESSEE will defend CITY (at CITY's request and with counsel satisfactory to CITY) and will indemnify it for any judgment rendered against it or any sums paid out in settlement or otherwise.
B. For purposes of this section "CITY" includes CITY's officers, officials, employees, agents, representatives, and volunteers.
C. LESSEE expressly agrees that this hold harmless and indemnification provision is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion is held invalid, it is agreed that the balance will, notwithstanding, continue in full legal force and effect.
D. It is expressly understood and agreed that the foregoing provisions will survive termination of this Lease.
E. The requirements as to the types and limits of insurance coverage to be maintained by LESSEE as required by Section 25 below, and any approval of such insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by LESSEE pursuant to this Lease, including but
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o
t
limited to the provisions concerning
indemnification.
25.INSURANCE. LESSEE must procure and maintain insurance of the type, for the period, with the coverages and limits, and in accordance with the terms, conditions, and requirements that follow:
A. LESSEE will provide Commercial General Liability and Broad Form General Liability insurance that meet or exceed the requirement of ISO Forms GL0002, GL0404 and CA0001, Code 1, respectively, in the most current State of California approved forms, in connection with LESSEE's performance in the amount of not less than 1,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage for each policy coverage.
B. Commercial General Liability, Broad Form General Liability and Business Automobile Liability
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i
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i
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s
required in this Lease will be
endorsed to name CITY, its officials, volunteers, and employees as additional insureds" under said insurance coverage, to state that such insurance will be deemed "primary" such that any other insurance that may be carried by CITY will be excess thereto, and to
MSW Envolopo ID: 50814139681HF94—A001-00234364E270
City of Bellflower
Agreement File No. 1047
Kalokz LLC
24. INDEMNIFICATION.
A. LESSEE indemnifies and holds CITY harmless from and against any claim, action, damages, costs (including, without limitation, attomey’s fees), injuries, or liability, arising out of this Lease, or its performance, except for such loss or damage arising from CITY’s sole negligence or willful misconduct. Should CITY be named in any suit, or should any claim be against it, by suit or otherwise, whether the same be groundless or not, arising out of this Lease, or its performance, pursuant to this Lease, LESSEE will defend CITY (at CITY’s request and with counsel satisfactory to CITY) and will indemnify it for any judgment rendered against it or any sums paid out in settlement or otherwise.
B. For purposes of this section "ClTY' includes ClTY‘s officers, officials, employees, agents, representatives, and volunteers.
C. LESSEE expressly agrees that this hold harmless and indemnification provision is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion is held invalid, it is agreed that the balance will, notwithstanding, continue in full legal force and effect D. It is expressly understood and agreed that the foregoing provisions will survive termination of this Lease.
E. The requirements as to the types and limits of insurance coverage to be maintained by LESSEE as required by Section 25 below, and any approval of such insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by LESSEE pursuant to this Lease, including but not limited to the provisions concerning indemnification.
25. INSURANCE. LESSEE must procure and maintain insurance of the type. for the period, with the coverages and limits, and in accordance with the terms, conditions, and requirements that follow:
A. LESSEE will provide Commercial General Liability and Broad Form General Liability insurance that meet or exceed the requirement of ISO Forms GL0002, GL0404 and CA0001, Code 1, respectively, in the most current State of California approved forms, in connection with LESSEE's performance in the amount of not less than $1,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage for each policy coverage.
B. Commercial General Liability, Broad Form General Liability and Business Automobile Liability policies required in this Lease will be endorsed to name CITY, its officials. volunteers, and employees as “additional insureds” under said insurance coverage, to state that such insurance will be deemed “primary” such that any other insurance that may be carried by CITY will be excess thereto, and to
DocuSign Envelope ID:58814139-BB16-4F94-AD01-D0234B64E270 City of Bellflower
Agreement File No. 1047
KaziRokz LLC
state that the policy(ies)will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to CITY.
C. LESSEE will furnish to CITY a certificate of insurance, in the standard form required by CITY, duly authenticated, evidencing maintenance of the insurance required under this Lease and such other evidence of insurance or copies of policies as may be reasonably required by CITY from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of"A:VII."
26.COMPLIANCE WITH LAW. LESSEE will, at its sole
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t
and expense, comply
with all of the requirements of all federal, state, and local authorities now in force, or which may hereafter be in force, pertaining to the Property and will faithfully observe in the use of the Property all applicable laws. The judgment of any court of competent jurisdiction that LESSEE has violated any such ordinance or statute in the use of the Property will be conclusive of that fact as between CITY and LESSEE.
27.WAIVER OF BREACH. Any express or implied waiver of a breach of any term of this Lease will not constitute a waiver of any further breach of the same or other term of this Lease.
28.INSOLVENCY; RECEIVER. Either the appointment of a receiver to take possession of all or substantially all of the assets of LESSEE, or a general assignment by LESSEE for the benefit of creditors, or any action taken or offered by LESSEE under any insolvency or bankruptcy action, will constitute a breach of this Lease by LESSEE, and in such event this Lease will automatically cease and terminate.
29.NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows:
If to LESSEE: If to CITY:
Attention: Sheila Jackson Attention: Annika Miyashiro-Ruiz KaziRokz LLC. City of Bellflower
14730 Blaine Ave. #4 16600 Civic Center Drive
Bellflower, CA 90706 Bellflower, CA 90706
562) 688-5914 562) 804-1424
[email protected] [email protected]
Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph.
DowSlol'l Envelope ID: 5881413MB1HF94-ADO1-00234864E270 City of Bellflower
Agreement File No. 1047
KaziRokz LLC
state that the policy(ies) will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to CITY.
C. LESSEE will furnish to CITY a certificate of insurance, in the standard form required by CITY, duly authenticated, evidencing maintenance of the insurance required under this Lease and such other evidence of insurance or copies of policies as may be reasonably required by CITY from time to time. Insurance must be placed with insurers with a current AM. Best Company Rating equivalent to at least a Rating of “AMI.”
26. COMPLIANCE WITH LAW. LESSEE will, at its sole cost and expense, comply with all of the requirements of all federal, state, and local authorities now in force, or which may hereafter be in force, pertaining to the Property and will faithfully observe in the use of the Property all applicable laws. The judgment of any court of competent jurisdiction that LESSEE has violated any such ordinance or statute in the use of the Property will be conclusive of that fact as between CITY and LESSEE.
27.WAWER OF BREACH. Any express or implied waiver of a breach of any term of this Lease will not constitute a waiver of any further breach of the same or other term of this Lease.
28.INSOLVENCY; RECEIVER. Either the appointment of a receiver to take possession of all or substantially all of the assets of LESSEE, or a general assignment by LESSEE for the benefit of creditors, or any action taken or offered by LESSEE under any insolvency or bankruptcy action, will constitute a breach of this Lease by LESSEE, and in such event this Lease will automatically cease and terminate.
29. NOTICES. All communications to either party by the outer party will be deemed made when received by such party at its respective name and address as follows:
If t9 LESSEE: If 0 Cl :
Attention: Sheila Jackson Attention: Annika Miyashiro-Ruiz KaziRokz LLC. City of Bellflower
14730 Blaine Ave. #4 16600 Civic Center Drive
Bellflower, CA 90706 Bellflower, CA 90706
(562) 688-5914 (562) 804-1424
[email protected] [email protected]
Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph.
DocuSign Envelope ID:58814139-BB16-4F94-AD01-D0234B64E270 City of Bellflower
Agreement File No. 1047
KaziRokz LLC
30.ELECTRONIC SIGNATURES. This Agreement may be executed by the Parties on any number of separate counterparts, and all such counterparts so executed constitute one agreement binding on all the Parties notwithstanding that all the Parties are not signatories to the same counterpart. In accordance with Government Code §16.5, the Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by electronic transmission. Such electronic signature will be treated in all respects as having the same effect as an original signature.
31.GOVERNING LAW. This Lease has been made in and will be construed in accordance with the laws of the State of California and exclusive venue for any action involving this Lease will be in Los Angeles County.
32.PARTIAL INVALIDITY. Should any provision of this Lease be held by a court of competent jurisdiction to be either invalid or unenforceable, the remaining provisions of this Lease will remain in effect, unimpaired by the holding.
33.INTEGRATION. This instrument and its attachments constitute the sole agreement between CITY and LESSEE respecting the Property, the use of the Property by LESSEE, and the specified term, and correctly sets forth the obligations of CITY and LESSEE. Any Lease or representations respecting the Property or its licensing by CITY to LESSEE not expressly set forth in this instrument are void. There are no (0) attachments to this Lease.
34.CONSTRUCTION. The language of each part of this Lease will be construed simply and according to its fair meaning, and this Lease will never be construed either for or against either party.
35.AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Lease and to engage in the actions described herein. This Lease may be modified by written amendment. CITY's city manager, or designee, may execute any such amendment on behalf of CITY.
36.COUNTERPARTS. This Lease may be executed in any number or counterparts, each of which will be an original, but all of which together will constitute one instrument executed on the same date.
SIGNATURES ON NEXT PAGE]
DowSign Envelope ID: ”814139-3316-4F94-ADO1-002343645270 City of Bellflower
Agreement File No. 1047
Kalokz LLC
30. ELECTRONIC SIGNATURES. This Agreement may be executed by the Parties on any number of separate counterparts, and all such counterparts so executed constitute one agreement binding on all the Parties notwithstanding that all the Parties are not signatories to the same counterpart. in accordance with Government Code §16.5, the Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by electronic transmission. Such electronic signature will be treated in all respects as having the same effect as an original signature.
31.60VERNING LAW. This Lease has been made in and will be construed in accordance with the laws of the State of California and exclusive venue for any action involving this Lease will be in Los Angeles County.
32.PARTIAL lNVALlDlTY. Should any provision of this Lease be held by a court of competent jurisdiction to be either invalid or unenforceable, the remaining provisions of this Lease will remain in effect, unimpaired by the holding.
33.INTEGRATION. This instrument and its attachments constitute the sole agreement between CITY and LESSEE respecting the Property, the use of the Property by LESSEE, and the specified term, and correctly sets forth the obligations of CITY and LESSEE. Any Lease or representations respecting the Property or its licensing by ClTY to LESSEE not expressly set forth in this instrument are void. There are no (0) attachments to this Lease.
34.CONSTRUCTION. The language of each part of this Lease will be construed simply and according to its fair meaning, and this Lease will never be construed either for or against either party.
35.AUTHORITYIMODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Lease and to engage in the actions described herein. This Lease may be modified by written amendment. CITY's city manager, or designee, may execute any such amendment on behalf of CITY.
36.COUNTERPARTS. This Lease may be executed in any number or counterparts, each of which will be an original, but all of which together will constitute one instrument executed on the same date.
[SIGNATURES ON NEXT PAGE]
DocuSign Envelope ID:58814139-BB16-4F94-AD01-D0234B64E270 City of Bellflower
Agreement File No. 1047
KaziRokz LLC
IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written.
CITY OF BELLFLOWER KaziRokz LLC.
DocuSigned by: DocuSigned by:
all
Faun S-KADA-
64DB90215FE4C5 617659EE591D4713_.
Ryan Smoot, City Manager Sheila Jackson
Owner, Kazirokz LLC.
ATTEST:
M ra chiqui, City CI r
APPROVED AS TO FORM:
Karl H. Berger, City Attorney
Ephraim S. Margolin,
Deputy City Attorney
DowSign Enveiope iD: 58814139-BB1HF94—ADO1-00234mo
City of Beilflower
Agreement File No. 1047
Kalokz LLC
IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written.
CITY OF BELLFLOWER KaziRokz LLC.
WM: WW:
M— Commasmmm...
Ryan Smoot, City Manager Sheila Jackson
Owner, Kazirokz LLC.
ATTEST:
chiqui, C ty Cl
APPROVED AS TO FORM:
Karl H. Berger, City Attorney
ZAL
Ephraim S. Margoiin,
Deputy City Attorney
DocuSign
Certificate Of Completion
Envelope Id:58814139BB164F94AD01D0234B64E270 Status:Completed Subject:Sign with DocuSign:AFN 1047-KaziRokz LLC.pdf,AFN 1047-Affidavit-CGL Reduction Langu...
Source Envelope:
Document Pages: 10 Signatures:4 Envelope Originator:
Certificate Pages:5 Initials:0 City Clerk
AutoNav:Enabled 16600 Civic Center Drive
Envelopeld Stamping:Enabled 16600 Civic Center Drive
Time Zone:(UTC-08: 00)Pacific Time(US&Canada) Bellflower,CA 90706 [email protected]
IP Address:
Record Tracking
Status:Original Holder:City Clerk Location:DocuSign
5/15/2024 4:14:21 PM [email protected]
Signer Events Signature Timestamp
Sheila Jackson DocuSnedby Sent:5/15/2024 4:16:34 PM
[email protected] Viewed:5/15/2024 4:19:19 PM
617859EE591Da'D
Owner Signed:5/15/2024 4:52:02 PM
KaziRokz LLC.
Signature Adoption: Drawn on Device
Security Level:Email,Account Authentication
None) Using IP Address:
Signed using mobile
Electronic Record and Signature Disclosure:
Accepted:5/15/2024 4:19:19 PM
ID:4973c66d-82dd-4d87-ad5d-2df6e51f13a6
Ryan Smoot DocuS"ned by' Sent:5/15/2024 4:52: 03 PM [email protected] f atA, S Ge} Resent:5/20/2024 8:37:38 AM NDE90215FE4C'_
Security Level:Email,Account Authentication Viewed:5/ 20/2024 8:46:18 AM None)Signed:5/20/2024 8:54:39 AM
Signature Adoption: Pre-selected Style
Using IP Address:
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Annika Miyashiro-Ruiz
COPIED
Sent:5/20/2024 8:54:41 AM
[email protected]
Security Level: Email,Account Authentication
None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness Events Signature Timestamp
Envelope M21413SBB1B4F94ADO1002348648270 Statue: Completed Subject: Sign wilh DocuSign: AFN 1047 - KeziRokz LLC.pdf, AFN 1047 -Aflidevlt - CGL Reduction Lengu...
Source Envelope:
Document Pages: 10 Signatures: 4 Envelope Originator.
Certificate Pages: 5 initials: 0 City Clerk
AubNair. Enabled 16600 Civic Cenur Drive
Envelopeld Stamping: Enabled 16600 Civic Center Drive
Time Zone: (UTGOB:00) Pedilc Tine (US 6 Canada) Bellllower. CA 90706 Stalin: Original Holder: City Clerk Location: DocuSign
5/15/2024 4:14:21 PM ccleebellilmivemrg
ShelaJeclieon Eur-w m5hsé0244:1:034m
kaziokzehopdgmellcorn Viewed: 5115/2024 4:19:10 PM
Owner ‘mw" " Signed: 5115/2024 4:52.02 PM
Keloliz LLC. _ We Adoption: Drawn on Device my Level. Email, AccountAuliienllcdlon m P :— Signed uehg motile
Electronic Record and Signature Diecloeure: Accepted: 5/15/2024 4:19:10 PM ID: 407300000200-40074050-2013511130 Ryan Smoot '5 Sent: 9192024 4:52:03 PM
Wm; [End Reeent: 52012024 0:37:00 AM
Security Levei: Ernal, Account W m Viewed: 5120/2024 0:40:10 m ("'3") Simed: 5120/2024 6:54:39AM
MoniclecerdandSlgnamreDiecloei-e:
NotOiieredviaDocuSign
§eriiried Delivery Event
3 .1 _.1 . E ... if: {Earhar- Copy vents ~
Annike Miyeehiro-Ruiz
amiyeehiroabellilovvemrg
Security Level: Email. Account Authentication
(N000)
Electronic Record and Signature Diecloeure:
Not Offered via DocuSign
Sent: 5/20/2024 0:54:41 AM
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 5/15/2024 4:16:34 PM
Certified Delivered Security Checked 5/20/2024 8:46:18 AM Signing Complete Security Checked 5/20/2024 8:54:39 AM
Completed Security Checked 5/20/2024 8:54:41 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
Certified Delivered Security Checked 5/20/2024 8:46:18 AM Signing Complete Security Checked 5/20/2024 8:54:39 AM
Completed Security Checked 5/20/2024 8:54:41 AM
‘& ~ :- 7.1T“. 1:2” £11,131};
Electronic Record and Signature Disclosure created on:6/8/2020 10:47:26 AM Parties agreed to:Sheila Jackson
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Bellflower(we,us or Company)may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system.
Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure(ERSD),please confirm your agreement by selecting the check-box next to `I agree to use electronic records and signatures' before clicking `CONTINUE' within the DocuSign system.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time usually 30 days)after such documents are first sent to you.After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a
0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically
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ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Bellflower (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system.
Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. Afier such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below.
Withdrawing your consent
lfyou decide to receive notices and disclosures fi'om us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.
Consequences of changing your mind
lfyou elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein,we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure,we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process,please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.
How to contact City of Bellflower:
You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows:
To contact us by email send messages to: [email protected] To advise City of Bellflower of your new email address
To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at [email protected] and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address.
If you created a DocuSign account, you may update it with your new email address through your account preferences.
To request paper copies from City of Bellflower
To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to [email protected] and in the body of such request you must state your email address, full name,mailing address,and telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with City of Bellflower
To inform us that you no longer wish to receive future notices and disclosures in electronic format you may:
Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.
How to contact City of Bellflower:
You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows:
To contact us by email send messages to: [email protected] To advise City of Bellflower of your new email address
To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at [email protected] and in the body of such request you must state: your previous email address, your new email address. We do not require any other information fi'om you to change your email address.
Ifyou created a DocuSign account, you may update it with your new email address through your account preferences.
To request paper copies from City of Bellflower
To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to [email protected] and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with City of Bellflower
To inform us that you no longer wish to receive future notices and disclosures in electronic format you may:
i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to [email protected] and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process..
Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://support.docusign.com/guides/signer-guide- signing-system-requirements.
Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you,please confirm that you have read this ERSD,and(i)that you are able to print on paper or electronically save this ERSD for your future reference and access; or(ii)that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein,then select the check-box next to `I agree to use electronic records and signatures' before clicking `CONTINUE' within the DocuSign system.
By selecting the check-box next to `I agree to use electronic records and signatures', you confirm that:
You can access and read this Electronic Record and Signature Disclosure; and You can print on paper this Electronic Record and Signature Disclosure,or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and
Until or unless you notify City of Bellflower as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by City of Bellflower during the course of your relationship with City of Bellflower.
i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to [email protected] and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.
Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: httns://sunport.docusigncom/guidesfigner-guide- sigm‘ g-system-rguirements.
Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.
By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that:
0 You can access and read this Electronic Record and Signature Disclosure; and 0 You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and
0 Until or unless you notify City of Bellflower as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by City of Bellflower during the course of your relationship with City of Bellflower.