City of Chula Vista – Recreation Department – Lease FY 22- 27
LEASE OF CITY FACILITY
THIS LEASE OF CITY FACILITY AGREEMENT ( Lease) is entered into and effective as of 07/ 01/ 2022 ( the “ Effective Date”) by and between the City of Chula Vista, a California chartered municipal corporation ( City), and MEALS- ON- WHEELS GREATER SAN DIEGO, INC., ( Lessee), California Non- Profit Corporation, ( each a “Party” or, collectively, the “Parties”) with reference to the following facts:
I. Premises. Subject to the terms, covenants, conditions and provisions hereof, City hereby grants a lease to Lessee and Lessee hereby accepts said lease to use the City facility or portion of the City facility identified in Exhibit A ( Premises), for those uses specifically identified in Exhibit B ( Permitted Uses). Both Exhibit A and Exhibit B are attached hereto and incorporated herein by this reference.
II. Uses. Lessee covenants and agrees that it shall use the Premises solely and exclusively for the Permitted Uses and for no other purpose whatsoever, unless Lessee receives prior written approval from the City’s Director of Community Services ( Director).
III. Hours of Operation. Lessee covenants and agrees that it shall use the Premises only during those hours and days specifically identified in Exhibit B, unless Lessee obtains prior written approval to change its hours of operation from the Director. Such approval may be denied at the sole discretion of the Director.
IV. Fees for Use. Lessee shall remit payment to the City in the amounts and according to the Payment Schedule attached hereto as Exhibit C incorporated herein by this reference. a. Telecommunications and Computing Systems. Lessee shall be obligated to pay for telecommunications and computing system services at its sole cost. b. Late Payments. In the event that any payment is not received by the City on, or before, the date it is due, the Lessee shall be assessed a late payment charge of $ 50, which shall be due and payable with the next regularly scheduled payment.
V. Term. The term of this Lease shall commence on the Effective Date of this Lease and end on the Termination Date identified in Exhibit B, unless earlier terminated in accordance with the Termination Provisions below.
a. Temporary, Constructive, or Partial Eviction. If City for any reason cannot deliver possession of the Premises to Lessee at the commencement of the Term, or if during the Term of this Lease, Lessee is dispossessed for any reason whatsoever, City shall not be liable to Lessee for any loss, costs, expenses or damages, including compensatory or punitive, resulting therefrom, and Lessee hereby waives and releases the City from and against any claims for loss or damage. Lessee hereby agrees that its only remedy for such dispossession shall be a refund of Use Fees, prorated for the period of such dispossession.
VI. Termination. Each Party shall have the right, at its sole discretion, without cause, to terminate this Lease upon thirty ( 30) days written notice to the non- terminating Party. a. Termination for Cause. Notwithstanding the foregoing, in the event that Lessee has breached any material provision of this Lease, in addition to any other remedies DocuSign Envelope ID: DE8BE41A- 80EE- 4F8C- 90B1- AD97AF9CD46B City of Chula Vista – Recreation Department – Lease FY 22- 27 provided by law or equity, the City may terminate this Lease upon 10 days’ written notice. The City at its discretion may provide Lessee an opportunity to cure the breach to avoid termination.
b. Surrender of Premises. At the expiration of the Term, or earlier termination of this Lease, Lessee shall surrender the Premises to City free and clear of all liens and encumbrances, except those liens and encumbrances which existed on the date of the execution of this Lease by City. The Premises, when surrendered by Lessee, shall be in a safe and sanitary condition and shall be in as good or better condition as the condition at the commencement of the Term, absent normal wear and tear.
VII. Quiet Enjoyment. Lessee shall not use or permit any use of the Premises in any manner which disturbs the use and quiet enjoyment by City, any other City- authorized party making use of the City facility in which the Premises is located, or any adjacent property owners or tenants.
VIII. Condition and Maintenance of Premises.
a. Acceptance of Premises. The Premises is being offered to Lessee in an as- is and where- is condition without any warranty, expressed or implied. Lessee represents and warrants that it has independently inspected the Premises and made all tests, investigations, and observations necessary to satisfy itself of the condition of the Premises and all improvements appurtenant thereto. Lessee acknowledges it is relying solely on such independent inspection, tests, investigations, and observations in executing this Lease. Lessee further acknowledges that the Premises are in the condition called for by this Lease, and that Lessee does not hold City responsible for any defects, whether latent or patent, in the Premises.
b. Waste, Damage, or Destruction. Lessee shall give notice to City of any fire or other damage that occurs on the Premises as soon as reasonably possible after the event causing such damage. In no event shall such notice exceed forty- eight ( 48) hours from the time of such fire or damage. Lessee shall not commit or suffer to be committed any waste or injury or any public or private nuisance on the Premises, shall keep the Premises clean and clear of refuse and obstructions, and shall dispose of all garbage, trash, and rubbish in a manner satisfactory to City. If any actions of the Lessee cause or contribute to any damage which puts the Premises into a condition which is not decent, safe, healthy and sanitary, Lessee agrees to make or cause to be made full repair of said damage and to restore the Premises to the condition which existed prior to said damage; or, at City' s option, and upon receipt of written demand thereof, Lessee agrees to clear and remove from the Premises all debris resulting from said damage and repair the Premises in accordance with plans and specifications previously submitted to City and approved in writing in order to replace in kind and scope the improvements which existed prior to such damage. Lessee shall be responsible for all costs incurred in the repair and restoration or rebuilding of the Premises.
c. Hazardous Materials. Lessee shall not cause or permit any Hazardous Material to be used, stored, transported, generated, or disposed in or about the Premises by Lessee, Lessee’s agents, employees, contractors, or invitees. “ Hazardous Material” means any hazardous, toxic, or infectious substance, material, or waste, which is or becomes regulated by any local governmental entity, the State of California, or the United States government under any law, regulation or ordinance.
d. Maintenance. Lessee shall perform all customary and usual maintenance necessary to maintain and preserve the Premises. Lessee shall remove and lawfully and properly DocuSign Envelope ID: DE8BE41A- 80EE- 4F8C- 90B1- AD97AF9CD46B City of Chula Vista – Recreation Department – Lease FY 22- 27 dispose of all garbage, litter, trash, debris, and rubbish from or about the Premises on a daily basis. All maintenance and other Lessee duties set forth herein shall, during the term hereof, be done at Lessee’s sole cost and expense and City shall not be called upon for any outlay or expense related thereto. Major maintenance and/ or repair issues must be referred to City for evaluation prior to any work being performed or cost therefore incurred. City at its sole discretion shall determine what work shall be performed. Major maintenance and/ or repair issues that are not a result of Lessee’s actions shall be the responsibility of the City.
If at any time during the term of this Lease, City reasonably determines that the Premises are not in a decent, safe, healthy, and sanitary condition, City may, at its sole discretion and option, terminate this Lease upon written notice to Lessee and regain possession of the Premises from Lessee. If the condition is proximately caused by Lessee’s use of the Premises, City may upon written notice to Lessee, have any necessary maintenance work done in order to place the Premises back to a decent, safe, healthy, and sanitary condition at the expense of Lessee. In such event, City shall provide Lessee written notice and itemized billing showing the work performed and Lessee shall make payment to City no later than thirty ( 30) days after receipt of said notice and billing. The rights reserved in this Section shall not create any obligations on City or increase obligations elsewhere in this Lease imposed on City. The provisions of this Section shall survive the expiration or earlier termination of this Lease. e. Improvements/ Alterations. No improvements, structures, or installations shall be constructed on the Premises, and the Premises may not be altered by Lessee without prior written approval by the City. This provision shall not relieve Lessee of any obligation under this Lease to maintain the Premises in a decent, safe, healthy, and sanitary condition, including structural repair and restoration of damaged or worn improvements. City shall not be called upon to or be obligated by this Lease to make or assume any expense for any existing improvements or alterations. f. Dangerous Condition. In the event that Lessee knows of or becomes aware of a dangerous condition, it shall immediately take all reasonable steps to mitigate the danger, including cordoning off an area and using appropriate signage. The Lessee shall also immediately notify the City of such condition. g. Liens. Lessee shall not, directly or indirectly, create, incur, assume or suffer to exist any mortgage, pledge, lien, charge, encumbrance, or claim on or with respect to all or any portion of the Premises without the prior written consent of the City. Lessee shall promptly, at its own expense, take such action as may be necessary to duly discharge or remove any such mortgage, pledge, lien, charge, encumbrance or claim on or with respect to all or any portion of the Premises for which Lessee does not have the prior written consent of the City.
h. Signs. Lessee shall be permitted to hang one sign or one banner advertising the business and indicating Lessee’s hours of operation. The sign or banner’s size, location, and manner of attachment are subject to the review and approval of the Director. Lessee shall not erect or display any other banners, pennants, flags, posters, signs, decorations, marquees, awnings, or similar devices or advertising on or about the Premises without the prior written consent of the Director. If any such unauthorized item is found on the Premises, Lessee shall remove the item at its expense within twenty- four ( 24) hours of written notice thereof by City, or City may thereupon remove the item at Lessee’s cost.
DocuSign Envelope ID: DE8BE41A- 80EE- 4F8C- 90B1- AD97AF9CD46B City of Chula Vista – Recreation Department – Lease FY 22- 27 i. Ownership of Improvements. Any and all improvements, structures, and installations or additions to the Premises now existing or constructed on the Premises by Lessee shall at Lease expiration or termination be deemed to be part of the Premises and shall become, at City' s option, City' s property, free of all liens and claims except as otherwise provided in this Lease. If the City chooses not to accept improvements made by Lessee, during the term of this Lease, and prefers to have such improvements removed, Lessee shall do so at its sole cost and expense.
IX. Reservation of Rights. City shall not unreasonably or substantially interfere with Lessee’s use of the Premises while Lessee is using the Premises as provided herein. However, in addition to any and all other rights, title and interest in the Premises, the City specifically retains the following rights:
a. Right to Enter. City has the right to enter the Premises for the purpose of performing maintenance, inspections, repairs or improvements, or developing municipal resources and services.
X. Indemnification Related to Acts or Omissions, Negligence. Lessee hereby agrees to protect, defend, indemnify, and hold harmless City, its agents, officers and employees, from and against any and all claims, demands, actions or proceedings against City, costs, expenses including reasonable attorney’s fees and court costs), liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising solely out of or incident to any alleged acts or omissions, negligence, or willful misconduct of Lessee, its officials, officers, employees, agents, volunteers, or contractors arising out of or in connection with actions or omissions, or use, occupancy, or misuse of City facilities or adjoining areas and ways in performance of this Lease. This indemnity provision does not include any claims, damages, liability, costs, or expenses arising from the sole negligence or willful misconduct of City. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of City, its officials, officers, employees, agents, volunteers, or contractors, which may be in connection with the active or passive negligent acts of Lessee. At its sole discretion, City may participate at its own expense in the defense of any claim, action or proceeding, but such participation shall not relieve Lessee of any obligation imposed by this Lease. City shall notify Lessee promptly of any claim, action or proceeding and shall cooperate fully in the defense.
a. Costs of Defense and Award. Included in the obligations in this indemnity section is the Lessee’s obligation to defend, at Lessee’s own cost, expense and risk, any and all suits, actions or other legal proceedings, that may be brought or instituted against the City, its directors, officials, officers, employees, agents and/ or volunteers, subject to the limitations in Section X, and shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents and/ or volunteers and pay any and all related legal expenses and costs incurred by each of them.
b. Insurance Proceeds. Lessee’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, employees, agents, and/ or volunteers.
c. Declarations. Lessee’s obligations under Section X shall not be limited by any prior or subsequent declaration by the Lessee.
DocuSign Envelope ID: DE8BE41A- 80EE- 4F8C- 90B1- AD97AF9CD46B City of Chula Vista – Recreation Department – Lease FY 22- 27 d. Enforcement Costs. Lessee agrees to pay any and all costs City incurs enforcing the indemnity and defense provisions set forth in Section X. e. Survival. Lessee’s obligations under Section X shall survive the termination or expiration of this Lease.
f. No Alteration of Other Obligations. This Section X shall in no way alter, affect or modify any of the Lessee’s other obligations and duties under this Lease.
XI. Insurance. Throughout the term of this Lease, Lessee, at Lessee’s sole cost and expense, shall keep or cause to be kept in full force and effect, for the mutual benefit of City and Lessee, comprehensive, broad form, general commercial liability insurance to protect against claims and liability for bodily injury, personal injury, death, or property damage arising from Lessee’s acts, omissions, use, occupancy, or misuse of City’s facilities or adjoining areas and ways in connection with this Lease. Insurance is to be primary insurance, with Lessee as the primary policy holder and City named as an additional insured as evidenced by an endorsement attached or included as a part of the Lessee’s primary insurance policy. At its sole cost and expense, Lessee shall take out and maintain at all times during the Term of this Lease the type and amounts of insurance identified in Exhibit D, attached hereto.
a. Accident Reports. Lessee shall promptly report to City any accident causing any property damage or any serious injury to persons on or about the Premises. This report shall contain the names and addresses of the parties involved, a statement of the circumstances, the date and hour, the names and addresses of any witnesses and other pertinent information.
XII. Nature of Lease. Nothing in this Lease shall be interpreted to grant any interest in the Premises other than that specified in this Lease. At no time shall the Lessee’s limited interest in the Premises ripen into a leasehold or fee interest with a claim or right to exclusive possession thereof.
a. Taxes. Lessee recognizes and agrees that this Lease may create a possessory interest subject to property taxation or cause an assessment, tax, fee or levy of the business or other Lessee activities related to the Premises, including any licenses or permits collectively “ Taxes and Fees”). Lessee agrees that it shall pay all such Taxes and Fees prior to their delinquency.
XIII. General Provisions.
a. Section Headings. The section headings contained herein are for convenience only and are not intended to define or limit the scope of any provision thereof. b. Gender/ Singular/ Plural. The neuter gender includes the feminine and masculine, the masculine includes the feminine and neuter, and the feminine includes the masculine and neuter, and each includes corporation, partnership, or other legal entity when the context so requires. The singular number includes the plural whenever the context so requires.
c. Notices. All notices, demands, requests, consents or other communications which this Lease contemplates or authorizes, or requires or permits either Party to give to the other, shall be in writing and shall be personally delivered or mailed, postage prepaid, to the respective Party as follows:
DocuSign Envelope ID: DE8BE41A- 80EE- 4F8C- 90B1- AD97AF9CD46B City of Chula Vista – Recreation Department – Lease FY 22- 27 To City: To Lessee:
Director of Community Services Chief Executive Officer
City of Chula Vista Meals on Wheels, South Bay Division 276 Fourth Avenue, Building C 2254 San Diego Ave # 200
Chula Vista, CA 91910 San Diego, CA 9210- 2944
Either Party may change its address by notice to the other Party as provided herein.
Communications shall be deemed to have been given and received on the first to occur of: ( i) actual receipt at the offices of the Party to whom the communication is to be sent, as designated above; or ( ii) three working days following the deposit in the United States Mail of certified mail, postage prepaid, return receipt requested, addressed to the offices of the party to whom the communication is to be sent, as designated above, or ( iii) actual receipt if made by recognized reliable currier service who maintains a receipt of delivery. d. Compliance with Laws. Lessee shall be responsible for complying with all Local, State, and Federal laws whether or not said laws are expressly stated or referred to herein. e. Non- Discrimination. Lessee agrees not to discriminate in any manner against or segregation of any person or persons, on account of race, color, religion, sex, familiar status, national origin, ancestry, age, disability or sexual orientation in the use, occupancy, tenure or enjoyment of the Premises, nor shall Lessee itself, or any person claiming under or through it, establish or permit such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of the Premises.
f. Equal Opportunity. Lessee shall assure applicants are employed and that employees are treated during employment without regard to race, familial status, color, religion, sex or national origin. Lessee hereby certif ies to City that Lessee is in compliance and throughout the term of this Lease will comply with Title VII of the Civil Rights Act of 1964, as amended, the California Fair Employment Practices Act, and any other applicable Federal, State and Local law, regulation and policy ( including without limitation those adopted by the City) related to equal employment and opportunity including any such law, regulation, and policy hereinafter enacted.
Compliance and performance by Lessee of the equal employment and opportunity provision of this Lease is an express condition hereof and any failure by Lessee to so comply and perform shall be a default of this Lease and City may exercise any right as provided herein and as otherwise provided by law.
g. Exhibits. Each of the following Exhibits is attached hereto and incorporated herein by this reference:
Exhibit A – Premises
Exhibit B - Permitted Uses, Term and Hours of Operation Exhibit C - Payment Schedule
Exhibit D – Insurance
Exhibit E – Facility Regulations
DocuSign Envelope ID: DE8BE41A- 80EE- 4F8C- 90B1- AD97AF9CD46B City of Chula Vista – Recreation Department – Lease FY 22- 27 h. Integration. This Lease and the Exhibits and references incorporated into this Lease fully express all understandings between City and Lessee concerning the use and occupation of the Premises and supersede all prior negotiations, representations, or other agreements. Each party has relied on its own examination of the Premises, advice from its own attorneys, and the warranties, representations, and covenants of the Lease itself.
i. Severability. Should any provision herein be found or deemed to be invalid by a court of competent jurisdiction, the Lease shall be construed as not containing such provision, and all other provisions which are otherwise lawful shall remain in full force and effect, and to this end the provisions of this Lease are severable. j. Interpretation of the Lease - Venue. The interpretation, validity and enforcement of the Lease shall be governed by and construed under the laws of the State of California. Any action arising under or relating to this Lease shall be brought only in San Diego County, State of California. The Lease does not limit any other rights or remedies available to City.
k. Successors in Interest. This Lease shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. l. Lease Modification. This Lease may not be modified orally or in any manner other than by a written amendment signed by the Parties hereto.
m. Assignment and Subletting- No Encumbrance. Lessee shall not assign or transfer this Lease or any portion thereof without the express written consent of City, which may be withheld in the sole discretion of the City. Any attempt to assign or transfer this Lease or any portion hereof without the express written consent of City shall be void and of no force or effect. Consent by City to one assignment or transfer shall not be deemed to be consent to any subsequent assignment or transfer.
n. No Waiver. The failure to require the remedy of a breach or enforce the terms and conditions of this Lease in one instance or several instances shall not be interpreted to be a waiver of the right to enforce the terms and conditions of this Lease for any subsequent breach.
o. Time is of the Essence. Time is of the essence of all of the terms, covenants and conditions of this Lease and, except as otherwise provided herein, all of the terms, covenants and conditions of this Lease shall apply to, benefit and bind the successors and assigns of the respective parties, jointly and individually. p. Non- liability of Officials. No member, official or employee of the City shall be personally liable to Lessee, its assigns or successors in interest, in the event of any default or breach by the City, for any amount which may become due to Lessee its assigns or successors, or in any obligations under the terms of this Lease. q. Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this Lease, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City DocuSign Envelope ID: DE8BE41A- 80EE- 4F8C- 90B1- AD97AF9CD46B City of Chula Vista – Recreation Department – Lease FY 22- 27 in the implementation of same. Upon request by City, Lessee shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Lease. r. Signatories. The individuals executing this Lease represent and warrant that they have the right, power, legal capacity and authority to enter into and to execute this Lease on behalf of the respective legal entities of the Lessee and the City.
NEXT PAGE IS SIGNATURE PAGE]
DocuSign Envelope ID: DE8BE41A- 80EE- 4F8C- 90B1- AD97AF9CD46B ity of Chula Vista – Recreation Department – Lease FY 22- 27
SIGNATURE PAGE TO LEASE
IN WITNESS WHEREOF the Parties hereto for themselves, their heirs, executors, administrators, successors, and assigns do hereby agree to the full performance of the covenants herein contained and have caused this Lease to be executed as of, but not necessarily on, the Effective Date by setting hereunto their signatures herein below.
CITY:
By:
Maria Kachadoorian
City Manager, City of Chula Vista
APPROVED AS TO FORM:
By:
Glen R. Googins, City Attorney
LESSEE:
By:
Brent Wakefield, President/ Chief Executive
Officer Meals on Wheels
https:// chulavistaca- my. sharepoint. com/ personal/ mshirey_ chulavistaca_ gov/ Documents/ Covid- 19 Work From Home/ Agreements/ Parks& Rec/ Meal- On- Wheels/ 2nd Lease/ MealsOnWheelsFacilityLeaseFY22- 27- 4.21. 22- Final. doc DocuSign Envelope ID: DE8BE41A- 80EE- 4F8C- 90B1- AD97AF9CD46B for
City of Chula Vista – Recreation Department – Lease FY 22- 27 EXHIBIT “ A” with exit arrows
PREMISES
Norman Park Senior Center, 270 F Street, Chula Vista, CA. Space is 1096 square feet. The Premises under this Lease shall include the spaces entitled “ Meals on Wheels” on the second floor of the Norman Park Senior Center ( map below).
Lessee shall have non- exclusive use of the Kitchen located on the 1st Floor of the Norman Park Senior Center as well.
Meals on Wheels
DocuSign Envelope ID: DE8BE41A- 80EE- 4F8C- 90B1- AD97AF9CD46B City of Chula Vista – Recreation Department – Lease FY 22- 27 EXHIBIT “ A” ( Continued Downstairs)
DocuSign Envelope ID: DE8BE41A- 80EE- 4F8C- 90B1- AD97AF9CD46B City of Chula Vista – Recreation Department – Lease FY 22- 27 EXHIBIT “ B”
PERMITTED USES, TERM AND HOURS OF OPERATION
1. PERMITTED USES: Lessee shall be entitled to occupy the Premises as shown in Exhibit “A,” pursuant to the terms of this Lease.
2. TERM: July 1, 2022 through June 30, 2027 ( a total of 5 years)
3. HOURS OF OPERATION:
a. For Exclusive Use Area:
Monday through Fridays 8:00am - 5:00 pm
Saturdays 8:00am - 4:00pm
Except for City Closures as needed and observed Holidays b. For Non- Exclusive Use Area:
Monday through Friday
11: 00AM to 1:00PM
Except for City Closures as needed and observed Holidays Including the following observed City Holidays:
New Year’s Day, January 1
Martin Luther King Jr Day, Third Monday in January
Cesar Chavez Day, March 31
Memorial Day, Last Monday in May
Independence Day, July 4
Labor Day – First Monday in September
Veteran’s day, November 11
Thanksgiving Day, Fourth Thursday in November
Day after Thanksgiving
Christmas, December 25
Additional scheduled closures:
December 25 through January 1 of each fiscal year
DocuSign Envelope ID: DE8BE41A- 80EE- 4F8C- 90B1- AD97AF9CD46B City of Chula Vista – Recreation Department – Lease FY 22- 27 EXHIBIT “ C”
PAYMENT SCHEDULE
Lessee shall, on or before July 31 on each year of the lease, pay the City of Chula Vista the sum due for that current fiscal year for a multi- year lease based on square footage and terms outlined in this Lease, including Exhibit B ( approximately 1096 sq. feet x the agreed upon price per square feet x 12 months). City shall refund any unused portion of a payment during a fiscal year if the Lessee vacates the premises, pursuant to the terms of this Lease, during the following month and City is able to obtain another tenant for the duration of the Lease Term.
The Lessee has agreed to a $. 05 increase per year for the 5-year existence of this lease that will total a $. 25 increase by the end of the 5-year lease. See below for the schedule of payments for the totality of this lease.
FY 22/ 23 1096 sq. ft. x $. 80=$ 876. 80 per month x 12 months= $ 10,521. 60 FY 23/ 24 1096 sq. ft. x $. 85=$ 931. 60 per month x 12 months= $ 11,179. 20 FY 24/ 25 1096 sq. ft. x $. 90=$ 986. 40 per month x 12 months= $ 11,836. 80 FY 25/ 26 1096 sq. ft. x $. 95=$ 1041. 20 per month x 12 months= $ 12, 494. 40 FY 26/ 27 1096 sq. ft. x $ 1.00=$ 1096. 00 per month x 12 months= $ 13, 152. 00 FY= July 1-June 30 of each year
DocuSign Envelope ID: DE8BE41A- 80EE- 4F8C- 90B1- AD97AF9CD46B City of Chula Vista – Recreation Department – Lease FY 22- 27 EXHIBIT “ D”
INSURANCE REQUIREMENTS
Lessee shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with use or occupation of the Premises by the Lessee, its agents, representatives, or employees. Updated certificates are due on or before July 1 of each fiscal year of this lease.
1) MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability ( CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis for bodily injury and property damage, including products- completed operations, personal injury and advertising injury, with limits no less than $ 1,000, 000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/ location or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 ( any auto), or if Lessee has no owned autos, Code 8 ( hired) and 9 ( non- owned), with limit no less than $ 1,000, 000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than 1,000, 000 per accident for bodily injury or disease.
Not required if Lessee provides written verification it has no employees)
1. Professional Liability ( Errors and Omissions) Insurance appropriates to the Lessee’s profession, with limit no less than $ 1,000, 000 per occurrence or claim, 2,000, 000 aggregate.
If the Lessee maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maint ained by the Lessee. 2) OTHER INSURANCE PROVISIONS
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the auto policy with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Lessee; and on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Lessee including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Lessee’s insurance ( at least as broad as ISO Form CG 20 10, 11 85 or both CG 20 10 and CG 23 37 forms if later revisions used). Specifically, endorsement must not exclude Products / Completed Operations.
DocuSign Envelope ID: DE8BE41A- 80EE- 4F8C- 90B1- AD97AF9CD46B City of Chula Vista – Recreation Department – Lease FY 22- 27 Primary Coverage
For any claims related to this contract, the Lessee’ s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Lessee’s insurance and shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City.
i) Waiver of Subrogation
Lessee hereby grants to City a waiver of any right to subrogation which any insurer of said Lessee may acquire against the City by virtue of the payment of any loss under such insurance.
Lessee agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
ii) Deductibles and Self- Insured Retentions
Any deductibles or self- insured retentions must be declared to and approved by the City. The City may require the Lessee to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII, unless otherwise acceptable to the City.
iii) Claims Made Policies
If any of the required policies provide coverage on a claims- made basis:
1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained, and evidence of insurance must be provided for at least five ( 5) years after completion of the contract of work.
3. If coverage is canceled or non- renewed, and not replaced with another claims- made policy form with a Retroactive Date prior to the contract effective date, the Lessee must purchase “ extended reporting” coverage for a minimum of five ( 5) years after completion of contract work.
Verification of Coverage
Lessee shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Lessee s obligation to provide them.
The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Subcontractors
Lessee shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
DocuSign Envelope ID: DE8BE41A- 80EE- 4F8C- 90B1- AD97AF9CD46B City of Chula Vista – Recreation Department – Lease FY 22- 27 EXHIBIT “ E”
NORMAN PARK SENIOR CENTER FACILITY REGULATIONS
1. The Director of Community Services or his/ her designated representative will have access to any portion of the Premises or grounds adjacent thereto 24 hours a day.
2. The public restrooms in the Premises will be available for public use whenever the Premises are open to the public.
3. Lessee must obtain permission from the Recreation Supervisor to use the Premises any time other than their regularly assigned hours. Lessee is required to give written notice of any change in hours. Lessee shall give written notice of all closure dates to the Recreation Supervisor.
4. Lessee will maintain the portion of the Premises used by the Lessee in a neat and orderly condition.
5. Lessee will be responsible for upkeep and safety of its own equipment and records.
6. Lessee will provide all supplies for their needs in conjunction with use of the facility.
7. The Recreation Supervisor must approve any furniture/ furnishings brought to the Premises and add to the furnishing List. All furniture/ furnishings must be tasteful and complement the existing furnishings, as determined by the Director of Community Services.
8. Lessee or its officers, agents, employees or members will not knowingly interrupt other activities at the Premises.
9. Lessee will be responsible for the behavior of its personnel and clientele during its hours of use at the Premises, so that its activities are conducted in an orderly and businesslike manner.
10. The consumption of alcoholic beverages is prohibited on the Premises.
11. Smoking is prohibited anywhere inside the Premises.
12. Lessee shall complete a yearly report to Parks and Recreation ( due the 2ndThursday in May), including statistical information on individuals served.
13. Lessee shall not use Norman Park Senior Center on its letterhead.
DocuSign Envelope ID: DE8BE41A- 80EE- 4F8C- 90B1- AD97AF9CD46B