City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
Written Communications – PC
Wong – Received 9/ 29/ 2026
I strongly encourage you to participate in public comment during the open period and/or to show up at the in-person hearing, if you are able. With our combined efforts, we can truly make our voices heard!
Please forward or share this email if you know a family member, neighbor, or friend that also stands against the release of SVPs into our communities.
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
ritten Communications – PC
Wong – Received 9/ 29/ 2026
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Joel Anderson
Supervisor, District 2
Office Locations
Supervisor Joel Anderson
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Email: Joel.Anderson@sdcounty. ca.gov
Website: www.supervisorjoelanderson. com
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Phone: 619-531-5522
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Phone: 619-219-2470
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
Written Communications – PC
Wong – Received 9/ 29/ 2026
Connect with Supervisor Anderson on Social Media!
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Informative links below my signature BOOKMARK AND SHARE Ballotpedia to Research Facts every Candidate and Proposition :) Alan Curry
XAVIER BECCERRA HHS GOVERNMENT HOSPICE FRAUD
MEDICARE STOLEN SENIORS FORCED HOSPICE DENIED HOSPITAL
CORRUPT AG XAVIER CAUSED OVER $5 GALLON GAS BALLOT LIE TRICK VOTERS CHANGED BALLOT TITLE 2018 PROP 6 REPEAL GAS TAX TO REQUIRE FUEL TAX https:// patch.com/california/ across- ca/ag-becerra- slants-two-ca-ballot-measuretitles STATE BALLOT PROP 6 PDF:
https:// vig.cdn.sos.ca.gov/ 2018/ general/ pdf/prop6-title-summ-analysis. pdf https:// vigarchive. sos.ca.gov/ 2018/ general/ pdf/
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
Written Communications – PC
Wong – Received 9/ 29/ 2026
Appointed by President Biden former HHS Secretary Xavier Becerra reduced the number of personnel overseeing HHS’s $2.2 trillion in annual payments from 80 to just six. Just in Los Angeles County Autism services, Tens of billions of dollars all stolen because nobody was minding the store.
https:// californiaglobe. com/ fl/rfk-jr-accuses-former-hhs-secretary- xavier-becerra- ofgutting-fraud-oversight- enabling- billions-in-theft/ 50 million in healthcare funds billed to Medicare for reimbursement payments for hospice care for patients over several years, federal officials said, but many of those patients were not terminally ill.
https:// www.latimes.com/california/ story/ 2026-04-02/california- hospice-fraudinvestigation- arrests Hospice care is for terminally ill patients forgo curative treatment. https:// oig.hhs.gov/reports/ featured/ hospice/
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
Written Communications – PC
Wong – Received 9/ 29/ 2026
CALIFORNIA GREEDY ANNUAL SB1 GAS TAX INCREASE
https:// cdtfa.ca.gov/ taxes-and-fees/ sales-tax-rates-for-fuels.htm
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
Written Communications – PC
Wong – Received 9/ 29/ 2026
https:// www.ocregister.com/ 2017/ 04/ 28/orange- county- drivers- are-no-winners-insacramento- backroom- deal/ SANDAG 2025 REGIONAL PLAN PAGE 4
125 TOLL BECOMES PERMANENT MANAGED TOLL
TRANSNET ALREADY FUNDED ROADS DOUBLE TAX
CONVERT FREEWAY LANES TO MANAGED TOLL LANES
CORONADO BRIDGE TOLL IS BACK / ALL FREEWAYS GET A TOLL
https:// www.sandag. org/-/ media/ SANDAG/ Documents/ PDF/ projects- andprograms/ innovative- mobility/ flexible-fleets/ draft- proposed- 2025-regional-plantransportation- network. pdf
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
Written Communications – PC
Wong – Received 9/ 29/ 2026
SAN DIEGO COUNTY VOTERS STOPPED SANDAG TAX
https:// www.sandiegouniontribune. com/ 2024/ 10/ 04/endorsement- reject-measure- gsandag-is-dishonest- dysfunctional/ VOTERS WERE PROMISED TWICE 1988 AND 2004 TRANSNET TAX EXPAND FREEWAYS SANDAG IGNORES FREEWAYS FIRE EGRESS https:// www.sandag. org/ funding/ transnet
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
Written Communications – PC
Wong – Received 9/ 29/ 2026
EVERY CA CITY VOTED MAKE CRIME ILLEGAL AGAIN
REPEALED KAMALA HARRIS HORRIBLE PROP 47 LAW
https:// web.archive.org/ web/ 20241106045649/ https:// electionresults. sos.ca.gov/ retu rns/ maps/ ballot-measures/ prop/ 36
DO NOT TRUST STATE WRITTEN BALLOTS
THE TITLE SUMMARY LIES MISLEADS VOTERS
AS CA AG KAMALA HARRIS WROTE CA PROP 47
MISLEADING TITLE " SAFE NEIGHBORHOODS ACT"
RESULTED HUGE INCREASE CA CRIME DRUG ABUSE!
https:// thefederalist. com/ 2024/ 08/ 09/california- can-thank-kamala- harris-for-itscrime-problem/
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
Written Communications – PC
Wong – Received 9/ 29/ 2026
POWERFUL VIDEO CALIFORNIA DREAMING CA FREEDOM
https:// www.youtube.com/watch?v=EfkHNrQebZY8& t=0s
USE BALLOTPEDIA LISTS TRUTH
https:// ballotpedia. org/California_Proposition_47,_Reduced_Penalties_for_Some_Cri mes_Initiative_(2014)
https:// ballotpedia. org/Elections
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
Written Communications – PC
Wong – Received 9/ 29/ 2026
https:// vote.gov/
CORONADO SOLVED HOMELESS
THERE ARE NO DRUG TENTS IN THE CITY
One city in California has decided to buck this trend, however. Under Republican Mayor Richard Bailey, the city of Coronado is currently reporting the lowest level of homelessness in the Golden State. “We also make it very clear that we don’t tolerate encampments along our sidewalks, and we don’t tolerate other code violations such as being drunk in public or urinating in public or defecating in public,” Bailey stated. “We just simply don’t tolerate these BASIC CODE VIOLATIONS. What ends up happening is an individual either chooses to get help or they end up leaving.” Bailey explained that the city of Coronado is cooperating with the police department and a homeless service provider to give homeless people help so that they can ultimately stay off the streets." https:// www.foxnews. com/ media/ california- city-nearly-eliminates- homelesspopulation- zero-tolerance- policy-encampments
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
Written Communications – PC
Wong – Received 9/ 29/ 2026
Informative links below my signature BOOKMARK AND SHARE Ballotpedia to Research Facts every Candidate and Proposition :) Alan Curry
XAVIER BECCERRA HHS GOVERNMENT HOSPICE FRAUD
MEDICARE STOLEN SENIORS FORCED HOSPICE DENIED HOSPITAL
CORRUPT AG XAVIER CAUSED $ 6 GALLON GAS TAX BALLOT LIE TRICK VOTERS CHANGED BALLOT TITLE 2018 PROP 6 REPEAL GAS TAX TO REQUIRE FUEL TAX https:// patch.com/california/ across- ca/ag-becerra- slants-two-ca-ballot-measuretitles STATE BALLOT PROP 6 PDF:
https:// vig.cdn.sos.ca.gov/ 2018/ general/ pdf/prop6-title-summ-analysis. pdf https:// vigarchive. sos.ca.gov/ 2018/ general/ pdf/
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
Written Communications – PC
Wong – Received 9/ 29/ 2026
Appointed by President Biden former HHS Secretary Xavier Becerra reduced the number of personnel overseeing HHS’s $2.2 trillion in annual payments from 80 to just six. Just in Los Angeles County Autism services, Tens of billions of dollars all stolen because nobody was minding the store.
https:// californiaglobe. com/ fl/rfk-jr-accuses-former-hhs-secretary- xavier-becerra- ofgutting-fraud-oversight- enabling- billions-in-theft/ 50 million in healthcare funds billed to Medicare for reimbursement payments for hospice care for patients over several years, federal officials said, but many of those patients were not terminally ill.
https:// www.latimes.com/california/ story/ 2026-04-02/california- hospice-fraudinvestigation- arrests Hospice care is for terminally ill patients forgo curative treatment. https:// oig.hhs.gov/reports/ featured/ hospice/
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
Written Communications – PC
Wong – Received 9/ 29/ 2026
CALIFORNIA GREEDY ANNUAL SB1 GAS TAX INCREASE
https:// cdtfa.ca.gov/ taxes-and-fees/ sales-tax-rates-for-fuels.htm
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
Written Communications – PC
Wong – Received 9/ 29/ 2026
https:// www.ocregister.com/ 2017/ 04/ 28/orange- county- drivers- are-no-winners-insacramento- backroom- deal/ SANDAG 2025 REGIONAL PLAN PAGE 4
125 TOLL BECOMES PERMANENT MANAGED TOLL
TRANSNET ALREADY FUNDED ROADS DOUBLE TAX
CONVERT FREEWAY LANES TO MANAGED TOLL LANES
CORONADO BRIDGE TOLL IS BACK / ALL FREEWAYS GET A TOLL
https:// www.sandag. org/-/ media/ SANDAG/ Documents/ PDF/ projects- andprograms/ innovative- mobility/ flexible-fleets/ draft- proposed- 2025-regional-plantransportation- network. pdf
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
Written Communications – PC
Wong – Received 9/ 29/ 2026
SAN DIEGO COUNTY VOTERS STOPPED SANDAG TAX
https:// www.sandiegouniontribune. com/ 2024/ 10/ 04/endorsement- reject-measure- gsandag-is-dishonest- dysfunctional/ VOTERS WERE PROMISED TWICE 1988 AND 2004 TRANSNET TAX EXPAND FREEWAYS SANDAG IGNORES FREEWAYS FIRE EGRESS https:// www.sandag. org/ funding/ transnet
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
Written Communications – PC
Wong – Received 9/ 29/ 2026
EVERY CA CITY VOTED MAKE CRIME ILLEGAL AGAIN
REPEALED KAMALA HARRIS HORRIBLE PROP 47 LAW
https:// web.archive.org/ web/ 20241106045649/ https:// electionresults. sos.ca.gov/ retu rns/ maps/ ballot-measures/ prop/ 36
DO NOT TRUST STATE WRITTEN BALLOTS
THE TITLE SUMMARY LIES MISLEADS VOTERS
AS CA AG KAMALA HARRIS WROTE CA PROP 47
MISLEADING TITLE " SAFE NEIGHBORHOODS ACT"
RESULTED HUGE INCREASE CA CRIME DRUG ABUSE!
https:// thefederalist. com/ 2024/ 08/ 09/california- can-thank-kamala- harris-for-itscrime-problem/
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
Written Communications – PC
Wong – Received 9/ 29/ 2026
POWERFUL VIDEO CALIFORNIA DREAMING CA FREEDOM
https:// www.youtube.com/watch?v=EfkHNrQebZY8& t=0s
USE BALLOTPEDIA LISTS TRUTH
https:// ballotpedia. org/California_Proposition_47,_Reduced_Penalties_for_Some_Cri mes_Initiative_(2014)
https:// ballotpedia. org/Elections
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
Written Communications – PC
Wong – Received 9/ 29/ 2026
https:// vote.gov/
CORONADO SOLVED HOMELESS
THERE ARE NO DRUG TENTS IN THE CITY
One city in California has decided to buck this trend, however. Under Republican Mayor Richard Bailey, the city of Coronado is currently reporting the lowest level of homelessness in the Golden State. “We also make it very clear that we don’t tolerate encampments along our sidewalks, and we don’t tolerate other code violations such as being drunk in public or urinating in public or defecating in public,” Bailey stated. “We just simply don’t tolerate these BASIC CODE VIOLATIONS. What ends up happening is an individual either chooses to get help or they end up leaving.” Bailey explained that the city of Coronado is cooperating with the police department and a homeless service provider to give homeless people help so that they can ultimately stay off the streets." https:// www.foxnews. com/ media/ california- city-nearly-eliminates- homelesspopulation- zero-tolerance- policy-encampments
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
Written Communications – PC
Wong – Received 9/ 29/ 2026
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
Micheal Inzunza, I question if you attend Dr Elvira Estrella as a Student? Or were you at Dr Elvira Estrella lecture so Students would learn not to be like you
Students should learn regarding your racial incident
at Mater Dei, after which, according to the
information below, you were suspended, placed on
leave, and not rehired.
Also students should learn to be financially
responsible according to the article published by
Parent Advocates.org you did not pay a $9788.79
Phone Bill
If that is true Micheal Inzunza if you did not pay your phone bill that mean that I and taxpayers paid for it?
Information is included at the attachments below
With link to click read and learn
Written Communications - PC
Acosta - Received 10/1/2026
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
Written Communications - PC
Acosta - Received 10/1/2026
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
Written Communications - PC
Acosta - Received 10/1/2026
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
you Micheal Inzunza have Verbally abused Elderly Chula Vista community members YES, Including me
Yes Micheal Inzunza, I have dates and location noted and available!
Written Communications - PC
Acosta - Received 10/1/2026
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
Micheal Inzunza
As you know I believe in transparency.
When emailing this attachment to Chula
Vista City Clerk,
I included Dr. Elvira Estrella, among others.
Written Communications - PC
Acosta - Received 10/1/2026
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
Notice Regarding Harassment
• Timeline
•The harassment by your
Crony began on March 4,
2025.
•I have documented the
relevant dates, including
another incident on
September 18, 2026.
Unexpected Messages
Without warning, I began receiving messages
from one of your Crony .
I believe you can answer the questions raised
in those messages.
Concern
Micheal Inzunza, I believe you may have
written the messages.
I consider this conduct to be harassment
intended to entrap me.
Written Communications - PC
Acosta - Received 10/5/2026
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
Micheal Inzunza
stop! using your cronies
to forward messages
I believe you wrote
Written Communications - PC
Acosta - Received 10/5/2026
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
Micheal Inzunza's Cronies texts
Written Communications - PC
Acosta - Received 10/5/2026
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
Written Communications - PC
Acosta - Received 10/5/2026
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
Written Communications - PC
Acosta - Received 10/5/2026
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
Written Communications - PC
Acosta - Received 10/5/2026
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
yes! ALWAYS AND FOREVER REMEMBER
This park Michael Inzunza was unsuccessful blocking.
Questions Michael Inzunza
Are YOU planning to attend the
Filipino event for Photo OP?
How do you respond to
community members who know
and remember your earlier
opposition to this park?
Are you Shameless?
Written Communications - PC
Acosta - Received 10/5/2026
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
yes!
ALWAYS AND FOREVER REMEMBER
This park Michael Inzunza
was unsuccessful blocking.
MICHEAL INZUNZA GROW UP, STEP DOWN, RESIGN
YES! INZUNZA THEY KNOW !
Written Communications - PC
Acosta - Received 10/5/2026
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
v . 0 0 5 P a g e | 1
October 6, 2026
ITEM TITLE
Grant Application and Appropriation: Authorize Submittal of a State of California Permanent Local Housing Allocation (PLHA) Cycle 2 Grant Application and Accept and Appropriate Funds Report Number: 26-0280
Location: 205 27th Street
Department: Housing and Homeless Services
G.C. § 84308 Regulations Apply: No
Environmental Notice: The project qualifies for a Categorical Exemption pursuant to State California Environmental Quality Act Guidelines Section 15301 (Existing Facilities). Under the National Environmental Policy Act, pursuant to Title 24, Part 58.40, an Environmental Assessment has been prepared, and a Findings of No Significant Impact has been made pursuant to Title 24, Part 58.43(a) of the Code of Federal Regulations and pursuant to the U.S. Department of Housing and Urban Development Environmental Guidelines. Thus, no further environmental review is required.
Recommended Action
Conduct a Public Hearing and adopt the following resolutions:
A. Authorizing the application for and adoption of the Permanent Local Housing Allocation Plan for the Permanent Local Housing Allocation Program; and
B. Authorizing the City of Chula Vista to accept and appropriate Permanent Local Housing Allocation grant funds for the operations of the Chula Vista Village at Otay bridge shelter operations and authorizing the Mayor to execute all related documents. (4/5 Vote Required)
SUMMARY
The California Department of Housing and Community Development (HCD) administers the Permanent Local Housing Allocation (PLHA) Program, which provides funding to eligible local governments to address local affordable housing and homelessness needs. As an eligible entitlement jurisdiction, the City of Chula Vista (“City”) is eligible to receive PLHA Cycle 2 Formula funding for the 2024–2028 funding period. The City has prepared a PLHA Cycle 2 Plan proposing to use one hundred percent (100%) of the City's allocation to provide operational funding for Chula Vista Village at Otay, the City's bridge shelter providing temporary
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
P a g e | 2
housing for unsheltered adult individuals. This action requests approval of the PLHA Cycle 2 Plan, authorization to apply for the City's PLHA Cycle 2 allocation, and authorization to accept and appropriate the funds upon receipt.
ENVIRONMENTAL REVIEW
The proposed activity has been reviewed for compliance with the California Environmental Quality Act (CEQA), and it has been determined that the project qualifies for a Categorical Exemption pursuant to State CEQA Guidelines Section 15301 (Existing Facilities), which consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use, and where the exceptions listed in State CEQA Guidelines Section 15300.2 would not apply in that no cumulative impacts were identified, no significant effects on the environment were identified, the project is not adjacent to a scenic highway, no historical resources would be affected by the action, and the project was not identified on a list of hazardous waste sites pursuant to Section 65962.5 of the Government Code. Under the National Environmental Policy Act (NEPA), pursuant to Title 24, Part 58.40, the Environmental Assessment has been prepared, and a Findings of No Significant Impact has been made pursuant to Title 24, Part 58.43(a) of the Code of Federal Regulations and pursuant to the U.S. Department of Housing and Urban Development Environmental Guidelines. Thus, no further environmental review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
COMMUNITY ENGAGEMENT
For the PLHA Program’s 2019–2023 Allocation Cycle, the City provided the public with an opportunity to review and comment on the PLHA Plan. The City made the PLHA Plan available for public review and established a public comment period that exceeded the minimum required 30 days, from May 29, 2020, through July 14, 2020. The City also issued a Notice of Public Meeting for City Council consideration of the PLHA Plan on July 14, 2020. The Plan was subsequently submitted to the California Department of Housing and Community Development in July 2020.
For the PLHA Program’s current 2024–2028 Allocation Cycle, the City is following the current PLHA Guidelines, Section 302(c)(4)(D), which requires the PLHA Plan to undergo a public comment period and public hearing prior to adoption. Consistent with the Guidelines, the City provided a minimum 10-day public comment period beginning on September 25, 2026, prior to the public hearing on October 6, 2026, to allow the public adequate opportunity to review and comment on the proposed PLHA Plan. Following the public hearing, City Council will consider adopting the PLHA Plan.
DISCUSSION
The PLHA Program was established by Senate Bill 2 (SB 2) in 2017 to provide a permanent source of funding to assist local governments in addressing affordable housing and homelessness needs. As an eligible entitlement jurisdiction, the City receives a formula-based allocation of PLHA funds from the California Department of Housing and Community Development (HCD). HCD has established a second funding cycle and released the associated Notice of Funding Availability on July 16, 2026, referred to as PLHA Cycle 2, for the 2024–2028 funding period.
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
P a g e | 3
PLHA Cycle 1
The City has participated in the PLHA Program since its initial funding cycle. In July 2020, the City submitted its initial PLHA application and Plan identifying three (3) priority activities: 1) bridge shelter operations; 2) development of Permanent Supportive Housing; and 3) financing for accessory dwelling units for Chula Vista homeowners. These priorities were developed to address identified local housing needs and were consistent with the City's Housing Element goals and community input. The City subsequently amended its PLHA Plan as additional funding opportunities became available for certain activities. Specifically, the City identified alternative funding sources, including HOME-American Rescue Plan (HOME-ARP) and San Diego Association of Governments (SANDAG) Housing Acceleration Program funds, to support Permanent Supportive Housing and Accessory Dwelling Unit activities.
As a result, the City amended its Plan to focus PLHA resources on homelessness-related activities, including emergency and transitional shelter operations and associated supportive services intended to assist individuals and families experiencing homelessness. PLHA funds have supported the City's bridge shelter operations and have been used, along with other funding sources, to address the City's ongoing need for emergency shelter and homelessness services. As of June 30, 2026, the City has received $6,122,919 in Cycle 1 PLHA funds and has expended $5,846,841.
PLHA Cycle 2
For PLHA Cycle 2, the City proposes to continue this approach and allocate the full amount of its PLHA Cycle 2 funding toward eligible operating costs for Chula Vista Village at Otay. Chula Vista Village at Otay began operations in March 2023 and provides temporary shelter and supportive services to individuals experiencing homelessness. The facility has a current capacity of 62 beds. PLHA funding will help support the continued operation of the shelter and maintain access to safe and stable temporary housing for individuals with significant housing needs, with a current fiscal year 2026-27 operating budget of $2,199,050.
The proposed use of PLHA Cycle 2 funds is consistent with the City's 2021–2029 Housing Element, including Program 4.11, “Reduce Homeless,” which calls for the City to support programs and facilities that address the need for homeless services and emergency shelter. The Housing Element identifies PLHA as a potential funding source for implementation of this program.
The City will continue to leverage other federal, state, local, and private funding sources to support the operation of Chula Vista Village at Otay and to pursue the development, preservation, and operation of permanent affordable and supportive housing. Using PLHA funds for shelter operations will allow the City to dedicate other available resources to activities that increase the supply of permanent affordable housing while addressing the immediate housing needs of individuals experiencing homelessness.
Staff recommends that the City Council conduct a Public Hearing and adopt (1) Resolution A authorizing the application for and adoption of the PLHA Plan for the PLHA Program and (2) Resolution B authorizing the City of Chula Vista to accept and appropriate PLHA grant funds and authorizing the Mayor to execute all related documents.
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
P a g e | 4
DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of the City Council members and has found no property holdings within 1,000 feet of the boundaries of the property which is the subject of this action. Consequently, this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(7) or (8), for purposes if the Political Reform Act (Cal. Gov't Code § 87100, et seq.).
Staff is not independently aware and has not been informed by any City Council member of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
There is no fiscal impact to the General Fund as a result of accepting this grant as shelter operations are currently not supported by the General Fund. Approval of this resolution accepts $1,540,281 in grant funds from the California Department of Housing and Community Development and amends the fiscal year 2026- 27 budget by appropriating $1,463,268 to the Supplies and Services category and $77,013 to the Personnel Services category of the State Grants fund.
ONGOING FISCAL IMPACT
The PLHA Grant will be used to continue funding emergency housing operations and wrap-around services.
Additionally, this grant may fund program administration costs of up to five percent (5%). This allowable administration allocation provides funding for City staff costs that are needed to carry out the proposed activities. The 5-year allocation is estimated to total $4,648,031, with $1,540,281 entitled through the Government Formula Allocation for calendar year (CY) 2024 and CY 2025 and the remaining years still to be determined, as identified below.
5-Year PLHA Allocation
Allocation Year Amount
2024 $743,685
2025 $796,596
2026 -
2027 -
2028 -
ESTIMATED TOTAL $4,648,031
Note: The estimated five-year total is based on available allocation information. Actual entitlement allocations for CY 2026 through 2028 have not yet been released. The actual total allocation for the five-year cycle may be lower, and any disbursement will be based on the actual allocation amounts received.
ATTACHMENTS
1. PLHA CY2024-2028 302(c)(4) Plan
Staff Contact: Stacey Kurz, Director of Housing and Homeless Services Carlos Rodriguez, Management Analyst II, Housing and Homeless Services Department Dania Gonzalez, Principal Management Analyst, Housing and Homeless Services Department
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
Form Rev 9/30/2025
RESOLUTION NO. _______
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE APPLICATION AND
ADOPTING THE PLHA PLAN FOR THE PERMANENT LOCAL
HOUSING ALLOCATION PROGRAM
WHEREAS, the Department is authorized to provide up to $137.5 million in CY 2024 funds and $147.2 in CY 2025 funds under the SB 2 Permanent Local Housing Allocation Program Formula Component from the Building Homes and Jobs Trust Fund for assistance to Cities and Counties (as described in Health and Safety Code section 50470 et seq.(Chapter 364, Statutes of 2017 (SB 2)); and
WHEREAS, the State of California (the “State”), Department of Housing and Community Development (“Department”) issued a Notice of Funding Availability (“NOFA”) dated 07/16/2026 under the Permanent Local Housing Allocation (PLHA) Program; and WHEREAS, the City of Chula Vista is an eligible Local government who has applied for program funds to administer one or more eligible activities, or a Local or Regional Housing Trust Fund to whom an eligible Local government delegated its PLHA formula allocation; and WHEREAS, the Department may approve funding allocations for PLHA Program, subject to the terms and conditions of the Guidelines, NOFA, Program requirements, the Standard Agreement, and other contracts between the Department and PLHA grant recipients.
NOW THEREFORE BE IT RESOLVED by the City of Chula Vista, that if Applicant receives a grant of PLHA funds from the Department pursuant to the above referenced PLHA NOFA, it represents and certifies that it will use all such funds in a manner consistent and in compliance with all applicable state and federal statutes, rules, regulations, and laws, including without limitation all rules and laws regarding the PLHA Program, as well as any and all contracts Applicant may have with the Department.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, Applicant is hereby authorized and directed to receive a PLHA grant, in an amount not to exceed the fiveyear estimate of the PLHA formula allocations, as stated in Appendix B of the current NOFA 2024-2028 PLHA Formula Allocation Cycle $4,648,031, in accordance with all applicable rules and laws.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, Applicant hereby agrees to use the PLHA funds for eligible activities as approved by the Department and in accordance with all Program requirements, Guidelines, other rules and laws, as well as in a manner consistent and in compliance with the Standard Agreement and other contracts between the Applicant and the Department.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, Pursuant to Section 302(c)(4) of the Guidelines, Applicant’s PLHA Plan for the 2024-2028 Allocations is
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
Resolution No.
attached to this resolution, and Applicant hereby adopts this PLHA Plan and certifies compliance with all public notice, public comment, and public hearing requirements in accordance with the Guidelines.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, If applicable: Pursuant to Applicant’s certification in this resolution, the PLHA funds will be expended only for eligible Activities and consistent with all program requirements.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, Applicant shall be subject to the terms and conditions as specified in the Standard Agreement, the PLHA Program Guidelines and any other applicable SB 2 Guidelines published by the Department.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, the Mayor is authorized to execute the PLHA Program Application, the PLHA Standard Agreement and any subsequent amendments or modifications thereto, as well as any other documents which are related to the Program or the PLHA grant awarded to Applicant, as the Department may deem appropriate.
Presented by Approved as to form by
Stacey Kurz Marco A. Verdugo
Director of Housing and Homeless Services City Attorney
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
Form Rev 9/30/2025
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE ACCEPTANCE AND
APPROPRIATION OF THE PERMANENT LOCAL HOUSING
ALLOCATION PROGRAM GRANT FUNDS FOR THE CHULA
VISTA VILLAGE AT OTAY SHELTER OPERATIONS
WHEREAS, the State of California ("State") Department of Housing and Community Development ("Department") is authorized to provide up to $137.5 million in Calendar Year (“CY”) 2024 funds and $147.2 in CY 2025 funds under the SB 2 Permanent Local Housing Allocation Program Formula Component from the Building Homes and Jobs Trust Fund for assistance to Cities and Counties [as described in Health and Safety Code section 50470 et seq. (Chapter 364, Statutes of 2017 (Senate Bill 2)]; and
WHEREAS, the State Department issued a Notice of Funding Availability (NOFA) dated July 16, 2026, under the Permanent Local Housing Allocation (PLHA) Program; and WHEREAS, the City of Chula Vista (“Applicant”) is an eligible Local government who has applied for program funds to administer one or more eligible activities, or a Local or Regional Housing Trust Fund to whom an eligible Local government delegated its PLHA formula allocation; and
WHEREAS, the Department may approve funding allocations for PLHA Program, subject to the terms and conditions of the Guidelines, NOFA, Program requirements, the Standard Agreement, and other contracts between the Department and PLHA grant recipients; and WHEREAS, the Applicant made the Permanent Local Housing Allocation Plan available for public comment from September 25, 2026, through October 6, 2026; and WHEREAS, following the public comment period, the City Council conducted a public hearing on October 6, 2026, and adopted the Permanent Local Housing Allocation Plan.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it accepts $743,685 for CY 2024 Allocation and $796,596 for CY 2025 Allocation from the State of California Department of Housing and Community Development and amends the fiscal year 2026-27 budget by appropriating $1,463,268 to the Supplies and Services category and $77,013 to the Personnel Services category of the State Grants Fund.
BE IT FURTHER RESOLVED, that the City Manager is authorized to accept and appropriate the PLHA Entitlement Local Government Allocation for CY 2024 and any future year funding allocations.
BE IT FURTHER RESOLVED, that the Mayor, is authorized to enter into and execute an agreement with the State of California Department of Housing and Community Development, any
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
Resolution No.
amendments, extensions, or renewals of the agreement, and any and all documents necessary and appropriate to implement this resolution.
BE IT FURTHER RESOLVED, that the City Manager, is authorized to take all necessary action to administer, monitor, manage, and ensure compliance with the Program including certifications made in the Application, and further to enter into and execute contracts with third parties to implement the Program or use of the funds, as appropriate.
BE IT FURTHER RESOLVED, that the Finance Director is authorized to establish a special interest-bearing account for the Program Funds, if required, the proceeds of which will be used for any eligible uses outlined in the Program Materials.
Presented by Approved as to form by
Stacey Kurz Marco A. Verdugo
Director of Housing and Homeless Services City Attorney
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
5% 5% 5% 5% 5%
0% 0% 0% 0% 0%
5% 5% 5% 5% 5%
End of Document
Please note: In order for Allocated Calculator to calculate correctly, "Admin Requested" must be answered "Yes" or "No" in the PLHA Application tab. §302(c)(4)(A) Describe the manner in which allocated funds will be used for eligible activities. §302(c)(4)(B) Provide a description of the way the Local government will prioritize investments that increase the supply of housing for households with incomes at or below 60 percent of Area Median Income (AMI). §302(c)(4)(C) Provide a description of how the Plan is consistent with the programs set forth in the Local Government’s Housing Element.
Activities Detail (Activities Detail (Must make a selection on Formula Allocation Application worksheet under Eligible Activities, §301)) The City of Chula Vista proposes to use 100 percent of its PLHA funding to support housing opportunities benefiting individuals and households earning up to 30 percent of the San Diego County Area Median Income (AMI). Permanent Local Housing Allocation (PLHA) funds will be used to support the ongoing operation of the City’s Bridge Shelter, which provides emergency shelter and supportive services to individuals experiencing homelessness, including those who are among the community’s most economically vulnerable residents. The Bridge Shelter was constructed in response to the City’s 2018 declaration of a shelter crisis and began operations in March 2023. The facility has a current capacity of 62 beds and can accommodate up to 130 individuals. PLHA funds will contribute toward eligible operating costs associated with maintaining the shelter and providing safe, stable, and accessible emergency shelter to individuals with incomes at or below 30 percent AMI. The City will continue to seek and leverage other federal, state, local, and private funding sources to support shelter operations and other eligible affordable housing and homelessness activities, with the goal of maximizing the effective and efficient use of PLHA funds in conjunction with other available resources. The proposed use of PLHA funds addresses an unmet housing need among extremely low-income individuals and households and is consistent with the goals and policies of the City of Chula Vista’s 2022–2030 Certified Housing Element, including efforts to increase access to emergency and supportive housing opportunities for persons experiencing homelessness.
The City of Chula Vista will prioritize PLHA investments that benefit households experiencing homelessness, those at risk of homelessness, and households with incomes at or below 60 percent of the Area Median Income (AMI), with particular emphasis on extremely low-income households at or below 30 percent AMI. For PLHA Cycle 2, the City proposes to allocate 100 percent of its PLHA funding toward the operation of the City's Bridge Shelter, which provides emergency shelter and supportive services to individuals experiencing homelessness and serves households with significant housing needs and extremely limited incomes. While PLHA funds will be dedicated to eligible shelter operating costs, the City recognizes that addressing the housing needs of households at or below 60 percent AMI requires a coordinated approach and the leveraging of multiple funding sources to increase the overall supply of affordable housing.
The City has extensive experience leveraging HOME, CDBG, ESG, Housing Successor, and other federal, state, county, and local resources to support the acquisition, rehabilitation, preservation, and new construction of affordable housing serving households generally ranging from 30 to 60 percent AMI. The City has also supported projects utilizing Low-Income Housing Tax Credits, Multifamily Housing Revenue Bonds, State multifamily housing programs, and other financing sources. The City will continue to leverage these resources to maximize the production and preservation of affordable housing for households at or below 60 percent AMI. PLHA funds will complement these existing efforts by supporting the operation of the Bridge Shelter, thereby providing an immediate housing intervention for extremely low-income individuals experiencing homelessness while other funding sources are utilized to increase the supply of permanent affordable housing. Through this coordinated and leveraged approach, the City will prioritize resources to address the housing needs of households at or below 60 percent AMI and maximize the number of affordable housing opportunities and shelter beds available within the City.
The City of Chula Vista’s proposed use of PLHA funds is consistent with the City’s 2021–2029 Housing Element and its goals of addressing the housing needs of lower-income households and individuals experiencing homelessness. Housing Element Program 4.11, “Reduce Homeless,” specifically calls for the City to support programs and facilities that address the need for homeless services and emergency shelter. The program also identifies PLHA, along with CDBG, ESG, and private-sector funding, as potential resources to support these efforts. The Housing Element recognizes the City’s Bridge Shelter as part of its overall approach to addressing homelessness.
For PLHA Cycle 2, the City proposes to use 100 percent of its allocation to support eligible operating costs for the City’s Bridge Shelter. The shelter provides safe, temporary housing and supportive services to individuals experiencing homelessness, with a focus on serving some of the community’s most economically vulnerable residents. This use of PLHA funds directly supports the goals of Program 4.11 by helping the City maintain shelter capacity while connecting individuals to services and, when possible, longer-term housing opportunities.
The City’s 2021–2029 Regional Housing Needs Allocation (RHNA) identifies a total need for 11,105 additional housing units, including 2,750 units for very low-income households and 1,777 units for low-income households. Together, these categories account for approximately 41 percent of the City’s total RHNA allocation. While PLHA funds will be dedicated to Bridge Shelter operations, the City will continue to leverage other federal, state, local, and private funding sources to develop, preserve, and operate affordable and supportive housing for households earning at or below 60 percent AMI. This approach allows the City to use PLHA funds to address the immediate housing needs of individuals experiencing homelessness while continuing to pursue other resources to increase the supply of permanent affordable housing. §302(c)(4) Plan 7/16/2026
Uploaded to HCD? Application and Adopting the PLHA Plan (2024-2028 Allocations) Resolution
§302(c)(4)(D) Evidence that the Plan was authorized and adopted by resolution by the Local jurisdiction and that the public had an adequate opportunity to review and comment on its content. File Name:
2027 Allocation - Year 4
Admin Requested
Funds Allocated
Total Percentage of Funds
Allocated (2027)
Total Percentage of Funds Allocated Calculator (2024 - 2028) 2028 Allocation - Year 5
Admin Requested
Funds Allocated
Total Percentage of Funds
Allocated (2028)
2024 Allocation - Year 1
Admin Requested
Funds Allocated
Total Percentage of Funds
Allocated (2024)
2025 Allocation - Year 2
Admin Requested
Funds Allocated
Total Percentage of Funds
Allocated (2025)
2026 Allocation - Year 3
Admin Requested
Funds Allocated
Total Percentage of Funds
Allocated (2026)
PLHA Page 1 302(c)(4) Plan Page 223 of 316
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
Permanent Local
Housing Allocation
(PLHA) Cycle 2 Grant
Entitlement
Prepared by
Carlos Rodriguez
Prepared for
The Chula Vista City Council 10/6/2026
Item 7.1
1
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
California HCD
PLHA Entitlement
• Eligible to receive PLHA Cycle 2 Formula Funding for the 2024-2028 funding period.
• Permanent source of funding to address affordable
housing and homelessness needs.
Cycle 1 (2019-2023)
• As of June 30, 2026, the City has received $6,122,919 in Cycle 1 PLHA funds and has expended $5,846,841.
95%
of Cycle 1 funds have
been expended with
the remaining amount
encumbered and to be
spent prior to Cycle 2
application.
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
3 33%
of the funds have been
calculated and allocated to
date.
$4,648,031
total amount projected to be received for
Cycle 2 five-year allocation.
Actual entitlement allocations for CYs 2026
through 2028 have not yet been released.
PLHA – CYCLE 2
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
Chula Vista
Village at Otay
Opened: May 2023
Capacity: Currently up to 62 Individuals
Improvements: Community Room,
Restrooms, and more
Services: Housing navigation and
supportive services
FY26/27 Operating cost: $2.1 million
4
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
Cycle 2 2024-2028
- PLHA Guideline, Section 302(c)(4)(D), requiring a 10-day public comment period - September 25, 2026, through October 6, 2026
Community Engagement
5
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
Resolution A: Apply for and adopt the PLHA Plan
for the PLHA Program
Resolution B: Authorize the City of Chula Vista to
accept and appropriate PLHA grant funds and
authorizing the Mayor to execute all related
documents
Staff Recommendation
6
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
v . 0 0 5 P a g e | 1
October 6, 2026
ITEM TITLE
Council Policy: Consider Adopting a Council Policy Governing Use of Artificial Intelligence (AI) in City Operations
Report Number: 25-0266
Location: No specific geographic location
Department: City Manager
G.C. § 84308 Regulations Apply: No
Environmental Notice: This activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines. Therefore, pursuant to State Guidelines Section 15060(c)(3), no environmental review is required.
Recommended Action
Adopt a resolution adopting an Artificial Intelligence (AI) Council Policy.
SUMMARY
Artificial Intelligence (AI) technologies are rapidly evolving and becoming increasingly integrated into workplace tools and public services. These technologies offer opportunities to enhance public services, operational efficiency and community engagement, as well as cultivate a more innovative and resilient future. These technologies also introduce security, privacy, and governance considerations.
The proposed Artificial Intelligence Policy establishes standards for the responsible, transparent, and ethical use of AI systems by all City departments, contractors, and partners. It facilitates the City’s use of AI systems for the benefit of the community while safeguarding against potential harms. The Policy is intended to promote innovation while supporting appropriate oversight, transparency, accountability, and compliance with applicable laws, regulations, and City policies.
ENVIRONMENTAL REVIEW
The proposed activity has been reviewed for compliance with the California Environmental Quality Act (CEQA), and it has been determined that the activity is not a project as defined under Section 15378 of the State CEQA Guidelines because the proposed activity consists of a government fiscal/ administrative activity
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October 6, 2026 Post City Council Agenda
P a g e | 2
which does not result in a physical change in the environment. Therefore, pursuant to Section 15060(C)(3) of the State CEQA Guidelines, the activity is not subject to CEQA.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
The draft Council Policy on Artificial Intelligence was presented to the Privacy and Technology Advisory Commission (PTAC) on September 3, 2026. No formal action was taken at this meeting.
Robust discussion and Commissioners’ feedback focused on strengthening accountability, transparency and oversight of the proposed AI policy. Discussion included the potential role of independent certification and third-party auditing of AI systems, how the policy would be enforced, the training of individuals utilizing AI tools and the potential impacts of AI on the workforce as technologies are implemented. Several of the Commission’s recommendations were incorporated into the proposed policy presented for Council consideration.
DISCUSSION
The City of Chula Vista has a longstanding commitment to innovation and leveraging technology to improve City operations and enhance services for the community. Over the years, the City has implemented initiatives that increase efficiency, strengthen customer service, and support data-informed decision-making. Most recently, the City Council approved the implementation of Axon Draft One and Axon Auto Transcribe by the Chula Vista Police Department. This software enables officers to get a head start on report writing by using artificial intelligence (AI) to draft a report narrative using the officer’s body-worn camera (BWC) audio, enhancing operational efficiency, streamlining evidence processing, and improving administrative workflows.
As AI technologies continue to evolve, the proposed AI Policy builds on this foundation by establishing a consistent governance framework for the responsible, transparent, and ethical use of AI systems. The Policy enables the City to embrace innovation while supporting appropriate oversight, transparency, accountability, and compliance with applicable laws, regulations, and City policies.
AI Policy Overview
The AI Policy is grounded on principles of transparency, accountability, privacy and security, equity and fairness, human oversight, workforce development, and operational efficiency. It requires public disclosure of City AI systems through a centralized AI Inventory, designates responsible officials for AI oversight, and mandates human review of AI-assisted decisions that affect individuals or communities.
To protect privacy and security, the policy limits the use of personally identifiable information (PII), requires compliance with applicable federal, state, and City privacy laws and policies, and establishes contractual safeguards for vendor data handling. Departments must evaluate AI systems for potential bias, disparate impacts, and workforce implications prior to deployment as well as provide appropriate employee training.
The policy establishes governance roles, including an AI Coordinator, an interdepartmental AI Advisory Group, and departmental AI Leads, to oversee implementation, review proposed AI tools, and maintain compliance. It also requires a structured procurement and review process, including AI Tool Requests, AI Impact Assessments, and enhanced review for high-risk AI systems.
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
P a g e | 3
Additionally, the policy prohibits certain high-risk or inappropriate uses of AI, including unauthorized realtime biometric surveillance or predictive policing without City Council authorization, fully automated decisions without meaningful human oversight, and the use of public, free-to-use generative AI platforms that require employees to create accounts and accept vendor terms. Limited exemptions are provided for low-risk productivity tools used for functions such as brainstorming, proofreading, and grammar correction, provided they are not integrated into City systems and are not used with confidential information or personally identifiable information (PII).
Policy Implementation
Upon Council approval, staff will initiate a 120-day AI Policy implementation phase focused on establishing the governance, procedures and resources necessary to support AI adoption across the organization. Key implementation activities will include an inventory of AI Systems current in use, identification of Department AI Leads, Responsible Officials and members of the working group. Staff will also be developing an AI Handbook to provide practical guidance for staff and updating standard agreement language in coordination with the City Attorney’s office and Finance Department to address AI-related considerations in procurement and contracting.
During the initial implementation phase, Economic Development Director David Graham will serve as the City's AI Coordinator, working in partnership with the Information Technology Department to lead implementation of the AI Policy and coordinate the City's initial AI governance efforts.
Additionally, City staff will return to PTAC after the first year of the AI Policy’s implementation to provide an update, evaluate the policy’s effectiveness, and consider any recommended refinements based on implementation experience.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.).
Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
There is no current-year fiscal impact as a result of this action. As AI tools are evaluated and considered for implementation, any associated fiscal impacts will be brought before the City Council in accordance with established procurement thresholds and applicable purchasing policies.
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact as a result of this action.
ATTACHMENTS
1. Council Policy on Artificial Intelligence
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
P a g e | 4
Staff Contact: Tiffany Allen, City Manager
Courtney Chase, Deputy City Manager
David Graham, Economic Development Director
Adrianna Relph, Special Projects & Legislative Manager
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
Form Rev 3/6/2023
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTING A NEW COUNCIL POLICY
TITLED “ARTIFICIAL INTELLIGENCE”
WHEREAS, Artificial Intelligence (AI) technologies are rapidly evolving and becoming increasingly integrated into workplace tools and public services offering opportunities to enhance public services, operational efficiency and community engagement, as well as cultivate a more innovative and resilient future; and
WHEREAS, the City of Chula Vista has a longstanding commitment to innovation and leveraging technology to improve City operations and enhance services for the community; and WHEREAS, as AI technologies continue to evolve, the proposed AI Policy builds on this foundation by establishing a consistent governance framework for the responsible, transparent, and ethical use of AI systems; and
WHEREAS, the Policy enables the City to embrace innovation while supporting appropriate oversight, transparency, accountability, and compliance with applicable laws, regulations, and City policies.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it adopts a new Council Policy titled “Artificial Intelligence,”, attached hereto as Exhibit 1, in the form presented, with such minor modifications as may be required or approved by the City Attorney.
Presented by Approved as to form by
Tiffany Allen Marco A. Verdugo
City Manager City Attorney
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
Item 8.2 – Attachment 1
Revised – 10/6/2026
CITY COUNCIL POLICIES
POLICY NAME: Artificial Intelligence (AI) Policy POLICY NUMBER: [XXX-XX] Effective Date: [Date of Adoption] Last Revised Date: [Date or “N/A”] Status: [Active, Rescinded, Proposed] Page: [X of X]
I. BACKGROUND
The City of Chula Vista strives to enhance public services, operational efficiency, and community engagement aided by the responsible use of Artificial Intelligence (“AI”) systems. AI use, including machine learning, predictive analytics, and generative systems can optimize City operations and the provision of public services, so long as implementation accounts for privacy, equity, transparency, security and accountability. Embracing AI responsibly can enhance Chula Vista’s competitiveness, long-term vitality and resident experience.
II. PURPOSE
This policy establishes standards for the responsible, transparent, and ethical use of AI systems by all City departments, contractors, and partners. It facilitates the City’s use of AI systems for the benefit of the community while safeguarding against potential harm. This policy recognizes that employing AI use for the benefit of the City’s residents, businesses, and visitors can enhance the City’s efforts to improve service delivery and strengthen public trust, as well as cultivate a more innovative and resilient future.
III. SCOPE
This policy applies to all City departments, offices, elected officials, contractors, vendors, and third-party partners that develop, procure, configure, or use AI systems on behalf of the City.
IV. DEFINITIONS
1. AI Inventory: A central, public-facing inventory of AI systems in use at the City that includes the following: project summary, purpose, use policy, vendor, risk level, and responsible department.
2. AI System: Any software, application, hardware, tool, utility or data system that utilizes AI in a way that meaningfully influences outputs, decisions, analysis, or content generation.
3. Algorithm: A series of logical steps through which an agent (typically a computer or software program) turns particular inputs into particular outputs.
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
Item 8.2 – Attachment 1
Revised – 10/6/2026
CITY COUNCIL POLICIES
POLICY NAME: Artificial Intelligence (AI) Policy POLICY NUMBER: [XXX-XX] Effective Date: [Date of Adoption] Last Revised Date: [Date or “N/A”] Status: [Active, Rescinded, Proposed] Page: [X of X]
4. Artificial Intelligence (AI): A machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, determinations, or decisions influencing real or virtual environments. AI systems use machine and human-based inputs to perceive real and virtual environments, abstract such perceptions into models through automated analysis, and use model inference to formulate options for information or action or decisions that influence real or virtual environments.
5. Automated Decision System (ADS): An AI-enabled tool that makes or substantially assists in making decisions that impact individuals, programs, services, or public resources without requiring human intervention or judgment.
6. Generative Artificial Intelligence (GenAI): A subset of AI that is algorithmically trained on one or more large data sets and designed to generate new and unique data (e.g., text, pictures, video) in response to a prompt (generally questions, instructions, images, or video) input by the user.
6.7.Material Change: Any change or modification to an AI System that substantially changes its intended purpose, functionality, capabilities, data sources, risk category or legal, operational, or privacy impacts from those evaluated during the original review and approval.
7.8.Personally Identifiable Information (PII): Data that a person reasonably expects to remain confidential or private, including but not limited to, their social security number, driver’s license information, state identification card, passport number, military identification number, financial account numbers, debit card number, credit card number, account login credentials, IP address, email address, phone number, home address, precise geolocation at a given time, biometric information, contents of email, contents of mail, contents of text messages, ethnic origin, racial origin, genetic data, medical information, health information, immigration status, philosophical beliefs, political opinions, religious beliefs, sexual orientation, union membership, or membership in any other private organization. For purposes of this policy, PII does not include information recorded, obtained, or disclosed as part of an active criminal investigation, a lawful judicial hearing or process, or in accordance with other legal or statutory requirements, including but not limited to the California Public Records Act.
8.9.Responsible Official: A designated City employee with the authority and accountability to oversee an AI system’s deployment and operation in compliance with applicable laws and policies. Typically, a City department head or other executive.
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
Item 8.2 – Attachment 1
Revised – 10/6/2026
CITY COUNCIL POLICIES
POLICY NAME: Artificial Intelligence (AI) Policy POLICY NUMBER: [XXX-XX] Effective Date: [Date of Adoption] Last Revised Date: [Date or “N/A”] Status: [Active, Rescinded, Proposed] Page: [X of X]
9.10. Surveillance: To observe the movements, behavior, or actions of identifiable individuals, or to gather information that can readily be connected to identifiable individuals for purposes of analysis in accordance with a program or plan, without the knowledge and consent of the observed individuals.
V. POLICY
1. Guiding Principles
1.1. Transparency
1.1.1. The purpose and use of AI systems shall be communicated and disclosed to the public.
1.1.2. A public AI Inventory shall be maintained, listing each AI System’s purpose, vendor, risk level, and responsible department(s).
1.1.3. Departments shall be responsible for determining the threshold above which text generated by an AI system is “substantial,” consistent with the principles outlined in this Policy, the AI Handbook, as well as relevant intellectual property laws.
1.1.4. All images and videos created by GenAI systems must be attributed to the appropriate GenAI system.
1.2. Accountability
1.2.1. Each City department must have a designated Responsible Official accountable for AI system outcomes.
1.2.2. Humans must exercise oversight for all AI-assisted decisions affecting individuals or communities.
1.2.3. Roles and responsibilities govern the deployment and maintenance of AI systems, and human oversight supports adherence to relevant laws and regulations.
1.3. Privacy & Security
1.3.1. The collection, use, retention, and sharing of PII used by AI shall be limited.
1.3.2. No confidential or PII shall be entered into AI Systems without express authorization by AI Coordinator.
1.3.3. Privacy-enhancing techniques (e.g., de-identification, differential privacy, etc.) shall be employed where feasible.
1.3.4. All AI Systems must comply with state and federal data protection laws including, but not limited to, the California Public Records Act (PRA).
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
Item 8.2 – Attachment 1
Revised – 10/6/2026
CITY COUNCIL POLICIES
POLICY NAME: Artificial Intelligence (AI) Policy POLICY NUMBER: [XXX-XX] Effective Date: [Date of Adoption] Last Revised Date: [Date or “N/A”] Status: [Active, Rescinded, Proposed] Page: [X of X]
1.3.5. All AI Systems must comply with City Council policies, including but not limited to, City Council Policy 112-04 (Privacy Protection and Technology Transparency Policy).
1.3.6. All data sharing with vendors shall require strict contractual safeguards limiting use, retention, and re-identification of any shared data.
1.3.7. AI systems shall adhere to cyber security best practices such as the principle of least privilege, granting only access to data, systems, applications, functions, and other resources necessary to perform their authorized purpose.
1.3.8. Use of AI systems shall maintain confidentiality, integrity, and availability of information through safeguards aligned to recognized security frameworks, standards and best practices that prevent unauthorized access and use.
1.3.9. Privacy shall be preserved in all AI systems by safeguarding PII and sensitive data from unauthorized access, disclosure, and manipulation.
1.3.10. Prompts or other inputs submitted by users to AI systems and the resulting outputs are not routinely retained by the City. unless they constitute City records. If an input or output constitutes a City record, the user shall be responsible for retaining it in accordance with applicable City records retention policies and procedures. The use of an AI system does not alter the City's obligations under applicable records retention laws or the California Public Records Act.
1.4. Equity & Fairness
1.4.1. Use of AI systems will aim to support equitable outcomes for everyone.
1.4.2. Potential disparate or discriminatory impacts shall be assessed and addressed by making best efforts to review AI systems for equity and bias and identifying appropriate mitigation strategies prior to deployment.
1.4.3. Where appropriate, community engagement will be conducted to understand potential disparate impacts and feedback will be incorporated into AI Impact Assessment mitigation plans.
1.4.4. Prior to adopting a new AI system, training and risk analysis will be conducted to identify training needs, and appropriate City employees shall complete any required training and review system-specific risks, data, and limitations related to ethical use, privacy, and bias.
1.5. Human-First Principle
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
Item 8.2 – Attachment 1
Revised – 10/6/2026
CITY COUNCIL POLICIES
POLICY NAME: Artificial Intelligence (AI) Policy POLICY NUMBER: [XXX-XX] Effective Date: [Date of Adoption] Last Revised Date: [Date or “N/A”] Status: [Active, Rescinded, Proposed] Page: [X of X]
1.5.1. The City affirms that technology, including AI, exists to enhance, not replace, the human capacity to serve the community.
1.5.2. The City’s approach to AI use shall be human-first, meaning that automation and datadriven tools should support, empower, and augment the workforce.
1.6. Workforce Protections & Development
1.6.1. Potential workforce impacts of AI solutions will be assessed and considered as part of the City’s adoption of AI solutions.
1.6.2. When automation affects job duties, departments shall prioritize upskilling, role redesign, or reassignment in consultation with affected represented labor groups as required.
1.6.3. The City will provide employees with training and professional development opportunities to build familiarity and confidence in using AI Systems responsibly.
1.6.4. City employees are empowered to use AI in their roles through education, training, task execution, and collaborations that promote participation and opportunity.
1.6.5. Technology adoption in a manner that values City employees by engaging them on potential workforce impacts and incorporating their perspectives into decision-making.
1.6.6. Labor group notification and bargaining shall be required where appropriate and worker dignity shall be preserved when AI is used to evaluate or manage personnel.
1.7. Operational Efficiency & Service Delivery
1.7.1. AI adoption should focus on providing exceptional service with a focus on cost effectiveness, operational excellence, streamlining repetitive tasks, and allowing employees to dedicate more time to high-value, human-centered work.
1.7.2. AI Systems should be deployed to improve customer experience, expand service accessibility, and increase responsiveness to residents and businesses.
1.7.3. Efficiency gains from AI should be reinvested to strengthen service quality, innovation capacity, and employee engagement.
2. Governance & Roles
2.1. AI Coordinator
2.1.1. The AI Coordinator shall be designated by the City Manager and shall be responsible for coordinating AI Policy implementation including maintaining the City’s central AI
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
Item 8.2 – Attachment 1
Revised – 10/6/2026
CITY COUNCIL POLICIES
POLICY NAME: Artificial Intelligence (AI) Policy POLICY NUMBER: [XXX-XX] Effective Date: [Date of Adoption] Last Revised Date: [Date or “N/A”] Status: [Active, Rescinded, Proposed] Page: [X of X]
Inventory, conducting the AI Impact Assessments, supporting and coordinating training, and convening the AI Working Group (AWG).
2.2. AI Working Group (AWG)
2.2.1. The AWG shall be comprised of representatives from the City Attorney’s Office, City Clerk, Economic Development, Finance, Human Resources, and Information Technology Services Departments.
2.2.2. The AWG shall review AI Tool Requests and AI Impact Assessments prior to approval.
2.2.3. The AWG shall review policies, at a minimum every two years, regularly (i.e., annually, quarterly, etc.) and recommend updates to reflect evolving best practices.
2.3. Departmental AI Lead
2.3.1. Each department shall appoint at least one AI Lead. The AI Lead shall be responsible for interfacing with the AI Coordinator to ensure department compliance, documentation, and coordination with the AWG.
2.4. Responsible Official
2.4.1. A Department Head, or other executive, shall oversee the applicable department’s AI Systems deployment and operation in compliance with applicable laws and policies.
3. Procurement & Review Process
3.1. Pre-Procurement Review
3.1.1. Departments shall submit an AI Tool Request describing functionality, data used, risk category (low, medium, high), procurement method, and vendor assurances (security, bias testing, etc.).
3.1.2. The AWG may perform technical and legal review prior to contract award as outlined in the AI Handbook.
3.2. AI Impact Assessment (AIA)
3.2.1. Prior to deployment, departments, together with the AI Coordinator, shall complete an AIA that addresses matters including, but not limited to, the AI System’s purpose and necessity, benefits and outcomes, privacy and security, measures for oversight, and monitoring plans.
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
Item 8.2 – Attachment 1
Revised – 10/6/2026
CITY COUNCIL POLICIES
POLICY NAME: Artificial Intelligence (AI) Policy POLICY NUMBER: [XXX-XX] Effective Date: [Date of Adoption] Last Revised Date: [Date or “N/A”] Status: [Active, Rescinded, Proposed] Page: [X of X]
3.2.2. High risk AI Systems may be subject to independent third-party review, at the discretion of the City Manager or designee.
3.3. Emergency Uses
3.3.1. The procurement and review processes established in Sections 3.1 and 3.2 of this policy may be waived for emergency uses with approval of the City Manager and subject to subsequent reporting and City Council notification.
3.4. Vendor Management
3.4.1. Vendors must disclose model family, training data characteristics, known limitations, and provide a security and bias-mitigation approach.
3.4.2. Contracts shall allow City access to technology for testing and auditing and shall include termination clauses.
3.4.2.3.4.3. AI Systems that experience a Material Change in functionality or use following approval shall undergo a new review and approval process prior to deployment of modified use or system.
4. Implementation & Reporting
4.1. AI Coordinator Responsibilities
4.1.1. The AI Coordinator shall maintain a central, public-facing AI Inventory and publish an annual AI Governance Report.
4.2. AI Handbook
4.2.1. In addition to this Policy, all AI systems shall adhere to the risk classification and approval processes, oversight and other requirements included in the AI Handbook.
4.2.1.4.2.2. The AI Handbook and AI Policy shall be reviewed periodically, at a minimum every two years, or upon changes in state or federal law.
4.3. Periodic Reviews
4.3.1. High risk systems may require periodic internal review or independent third-party reviews.
4.3.2. Results of such reviews and corrective action plans will be included in the AI Governance Report.
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
Item 8.2 – Attachment 1
Revised – 10/6/2026
CITY COUNCIL POLICIES
POLICY NAME: Artificial Intelligence (AI) Policy POLICY NUMBER: [XXX-XX] Effective Date: [Date of Adoption] Last Revised Date: [Date or “N/A”] Status: [Active, Rescinded, Proposed] Page: [X of X]
5. Prohibited or Restricted Uses
5.1. Real-time biometric surveillance or predictive policing without City Council authorization.
5.2. Fully automated decisions that do not require any meaningful human oversight, but substantially impact individuals in areas such as housing, employment, benefits, or enforcement actions.
5.3. Use of AI systems without human review or appeal processes.
5.4. Free-to-use GenAI websites or models that require the employee to create an account and agree to the terms and conditions of the GenAI company.
5.5. Covert use of AI systems to track individuals based on their behaviors, socioeconomic status, or personal characteristics, for any purpose, including social scoring.
5.6. Cognitive behavioral manipulation of people or specific vulnerable groups.
5.7. Use of any AI System not included in City AI Inventory.
6. Exemptions
6.1. Low-risk AI Systems that are used for individual productivity and generally support refinement, rather than content creation, such as brainstorming, grammar correction, style/tone adjustment, and/or proofreading , etc. are not subject to this Policy.
6.2. No confidential, proprietary or PII data can be entered into the exempted AI System, and it must not be integrated into any City system.
HISTORY
DATE ACTION RESOLUTION NO.
[Date] Adoption [Reso No.]
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
Item 8.2:
Council Policy on
Use of Artificial Intelligence
(AI) in City Operations
Prepared by
David Graham, Director of Economic Development
Adrianna Relph, Special Projects & Legislative Manager
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
State of Public Sector AI
• Engaged with government technology leaders
• Incorporated best in class policy recommendations
• Adapted policy and implementation findings to Chula Vista context
• Spectrum of AI policy and deployment across local
government
2 Page 244 of 316
City of Chula Vista - City Council
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3 Local Government AI Maturity Model
Phase 0 | Restricted
Phase 1 | Unengaged
Phase 2 | Limited Engagement
Phase 3 | Active Experimentation
Phase 4 | Limited Adoption
Phase 5 | Innovative
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
• Proposed AI Policy presented to Privacy and
Technology Advisory Commission on
September 2, 2026.
⚬ Feedback included the potential role of
independent certification and third-party
auditing of AI systems, enforcement,
training of staff utilizing AI tools and the
potential impacts of AI on the workforce as
technologies are implemented.
• Engaged with City labor groups discuss policy
and their recommended revisions which have
been incorporated
Outreach
3 Page 246 of 316
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September 2026
Governor Newsom issued an executive order to accelerate independent oversight and advance the creation of an AI kill switch.
The executive order convenes a group of experts to develop recommendations for potential changes to further strengthen state law to:
• Require independent regular audits and evaluations.
• Require that the AI safety frameworks, transparency reports, and risk assessments pursuant to standards deemed adequate by an independent verification organization. • Advance the creation of a “kill switch” for frontier models. • Update definitions of critical safety incidents to include loss-of-control incidents.
Executive Order N-9-26
4 Page 247 of 316
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
Purpose of AI Policy
Establish a
citywide
framework for
responsible AI
use.
Enable
innovation
while
protecting
residents and
employees.
Promote
transparency,
privacy,
accountability,
and public
trust.
Prepare City
for increasing
AI adoption
across
departments.
5 Page 248 of 316
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Goals &
Guiding Principles
Transparency
Accountability
Privacy & Security
Equity & Fairness
Human-First Approach
Workforce Development
Operational Efficiency
6 Page 249 of 316
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October 6, 2026 Post City Council Agenda
Governance
Roles & Responsibilities
• Designated by the
City Manager
• Responsible for
coordinating
implementation
including:
⚬ AI Inventory
⚬ AI Impact
Assessments
⚬ Training
⚬ AI Working
Group (AWG)
• Responsible for
reviewing AI Tool
Requests and AI
Impact
Assessments.
• Membership:
⚬ City Attorney
⚬ City Clerk
⚬ Economic
Development
⚬ Finance
⚬ Human
Resources
⚬ Information
Technology
• Department head
or other executive
accountable to
oversee an AI
system’s
deployment and
operation.
• Designated
Lead(s) within
each Department
responsible for
interfacing with
the AI Coordinator
to support
department
compliance,
documentation,
and coordination
with the AWG.
AI Coordinator AI Working Group
(AWG)
Responsible
Official
AI Lead(s)
7 Page 250 of 316
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
AI Lifecycle
Department
identifies
AI need
AI
Tool
Request
Risk
Classification
AI
Impact
Assessment
AI
Working
Group
Approval,
Training &
Deployment
Monitoring
& Annual
Reporting
8 Page 251 of 316
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
Privacy & Security
• No confidential or Personally Identifiable Information (PII) entered into AI without authorization
• Compliance with state and federal law
• Vendor safeguards
• Secure data management
• Privacy-enhancing techniques where feasible
• Humans remain responsible for decisions
• AI assists, but does not replace judgment
• Responsible Official assigned
• Review processes for AI-assisted decisions
Policy requires:
9 Page 252 of 316
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Prohibited Uses
• Real-time biometric surveillance or predictive policing without City Council authorization
• Fully automated decisions affecting individuals without human oversight • Public GenAI tools requiring employee accounts for City business • Covert behavioral tracking
Examples include:
10 Page 253 of 316
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October 6, 2026 Post City Council Agenda
• Remove "etc."
• Specify that the AI Working Group shall review the policies at a minimum of every two years in section 2.2.3.
• Address post-procurement changes to AI Systems
▪ Added definition of "Material Change"
7. Any change or modification to an AI System that
substantially changes its intended purpose, functionality, capabilities, data sources, risk category or legal,
operational, or privacy impacts from those evaluated
during the original review and approval
▪ Add 3.4.4
AI Systems that experience a Material Change in
functionality or use following approval shall undergo a new review and approval process prior to deployment of
modified use or system
Policy Revisions
11 Page 254 of 316
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
• Language cleanup to 1.3.10
▪ Prompts or other inputs submitted by users
to AI systems and the resulting outputs are
not routinely retained by the City unless they
constitute City Records . If an input or output
constitutes a City record, the user shall be
responsible for retaining it in accordance
with applicable City records retention
policies and procedures. The use of an AI
system does not alter the City's obligations
under applicable records retention laws or
the California Public Records Act.
Policy Revisions
11 Page 255 of 316
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
• Re-engage with labor groups on policy
• Near-term implementation
o Convene AI Working Group
o Establish Responsible Official & AI Leads
o Complete AI Inventory
o Finalize AI Handbook
o Implement procurement language for
technology solutions that use AI
• Continuous improvement approach
• Ensure harmony with PD Gen AI Policy
• Ongoing communication and engagement
• Return to PTAC one year after policy adoption
to provide information on implementation
Next Steps
11 Page 256 of 316
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
8 Adopt a resolution approving an
Artificial Intelligence (AI) Council Policy. Recommended Action City of Chula Vista
12 Page 257 of 316
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October 6, 2026
ITEM TITLE
Street Names: Approve the Proposed Street Name Changes for One (1) Existing and One (1) New Street in the Chula Vista Bayfront Specific Plan Area
Report Number: 24-0260
Location: Chula Vista Bayfront Specific Plan
Department: Development Services
G.C. § 84308 Regulations Apply: No
Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act (CEQA) Guidelines. Therefore, pursuant to CEQA Guidelines Section 15060(c)(3) no environmental review is required.
Recommended Action
Adopt a resolution approving street name changes for one (1) existing and one (1) new street in the Chula Vista Bayfront Specific Plan Area.
SUMMARY
Staff recommends City Council approve street names for public roadways within the Chula Vista Bayfront Specific Plan Area. The proposed names are intended to support wayfinding, emergency response, and project implementation while establishing a cohesive identity for the Bayfront.
The recommended street names reflect a cohesive naming framework that incorporates Chula Vista’s historic connection to the aviation and aerospace industry, as well as the ecological and place-based identity of the Bayfront. Collectively, the names establish a strong sense of place that connects Chula Vista’s industrial legacy with its vision for a revitalized waterfront destination.
The proposed names have been coordinated with the Port of San Diego, where applicable. Approval of these names will allow staff to proceed with addressing, signage installation, and updates to wayfinding and signage, and updates to Public Safety routing systems in the Chula Vista Bayfront.
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ENVIRONMENTAL REVIEW
The proposed activity has been reviewed for compliance with CEQA, and it has been determined that the activity is not a “Project” as defined under Section 15378 of the CEQA Guidelines because it will not result in a physical change in the environment. Therefore, pursuant to Section 15060(c)(3) of the CEQA Guidelines, the activity is not subject to CEQA.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
On August 12, 2026, the Planning Commission approved Resolution No. 2026-07 (Attachment 2) recommending approval of four (4) new street names, including the proposed two (2) street names to the City Council.
DISCUSSION
Background and Purpose
Recent completion of the Gaylord Pacific Resort and Sweetwater Park marks a significant milestone in the ongoing redevelopment of the Chula Vista Bayfront. As development of the Chula Vista Bayfront progresses, new public streets and reconfigured segments of existing roadways require formal naming in accordance with City of Chula Vista (“City”) standards. In coordination with the Port of San Diego, the City has the opportunity to further establish a cohesive identity for the district with street names that reflect both its rich industrial history and its evolving waterfront character.
Staff developed a naming framework to guide this effort, emphasizing:
Aerospace and industrial heritage, recognizing the legacy of Rohr Industries and its role in shaping Chula Vista’s economy;
Ecological and waterfront context, reflecting the Bayfront’s wetlands, shoreline, and environmental assets; and
Place-based identity, supporting the Bayfront as a regional destination for recreation, tourism and community activity.
Proposed Street Names
Current Street Name Segment New Name
G Street E Street to H Street Harbor Park Way
New Street (Amara Bay) Marina Pkwy to Bayshore Bikeway Horizon Drive Harbor Park Way – G Street (E Street to H Street)
Harbor Park Way was a name provided at the request of the Port of San Diego and reflects the street’s frontage along the renamed Harbor Park.
Horizon Drive – New street within Amara Bay development (Marina Parkway to Bayshore Bikeway parking lot)
Horizon Drive echoes aviation and exploration imagery. The name evokes forward vision, flight, and the Bay’s expansive views. The name maintains continuity with the existing “H” street designation.
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Consistency with City Standards
The proposed street names have been reviewed for consistency with City naming conventions, including avoidance of duplication, clarity for emergency response, and compatibility with existing naming patterns.
Street suffixes and formats are consistent with the functional classification and character of each roadway.
Coordination and Stakeholder Input
Staff coordinated the proposed names internally and with the Port of San Diego staff for areas within or adjacent to Port jurisdiction. Certain names reflect stakeholder input including Port preferences for parkoriented naming within the Harbor Park area.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Councilmembers do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.).
Staff is not independently aware and has not been informed by any City Councilmember of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
There is no current fiscal year impact to the City with this recommended action.
ONGOING FISCAL IMPACT
There are no additional ongoing fiscal impacts to the City with this recommended action. Costs for street and wayfinding signage will be incorporated into the budgets of the respective Chula Vista Bayfront street improvement projects. No additional General Fund impact is anticipated.
ATTACHMENTS
Attachment 1 – Bayfront Street Exhibit
Attachment 2 – Approved Planning Commission Resolution No. 2026-07 Staff Contact: Rebecca Bridgeford, Deputy Director of Development Services Roy Sapa’u, Deputy City Manager/Director of Development Services
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
Form Rev 9/30/2025
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING STREET NAME CHANGES FOR
ONE (1) EXISTING STREET AND ONE (1) NEW STREET
WITHIN THE CHULA VISTA BAYFRONT SPECIFIC PLAN
AREA
WHEREAS, the Chula Vista Bayfront Specific Plan Area is undergoing phased redevelopment, including the construction of new public streets and the reconfiguration of existing roadways; and
WHEREAS, the City of Chula Vista (“City”) is required to formally name and/or rename public streets to support addressing, wayfinding, emergency response, and implementation of development projects; and
WHEREAS, the proposed street names have been coordinated with the Port of San Diego, where applicable; and
WHEREAS, approval of the proposed street names will allow staff to proceed with addressing, signage installation, wayfinding updates, and coordination with public safety agencies; and
WHEREAS, the proposed activity has been reviewed for compliance with the California Environmental Quality Act (CEQA), and it has been determined that the activity is not a “Project” as defined under Section 15378 of the CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment; and WHEREAS, pursuant to Section 15060(c)(3) of the CEQA Guidelines, the activity is not subject to CEQA; and
WHEREAS, Planning Commission considered the proposed street names on August 12, 2026, and approved Resolution No. 2026-07 recommending approval of the proposed street names to the City Council.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby approves the following street name changes within the Chula Vista Bayfront Specific Plan Area:
1. G Street (E Street to H Street) shall be renamed Harbor Park Way;
2. New street (Marina Parkway to Terminus at Bayshore Bikeway) shall be named Horizon Drive.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that the Director of Development Services, or designee, is authorized to take all actions necessary to
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
Resolution No.
implement this Resolution, including coordination with the Port of San Diego, coordination with existing businesses, updating City addressing and geographic information systems, and installation of street name and wayfinding signage.
Presented by Approved as to form by
Roy Sapa’u Marco A. Verdugo
Deputy City Manager/ City Attorney
Director of Development Services
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
Attachment 1
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
RESOLUTION NO. 2026- 007
RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CHULA VISTA RECOMMENDING THAT THE CITY
COUNCIL APPROVE STREET NAME CHANGES FOR TWO
2) EXISTING AND TWO ( 2) NEW STREETS WITHIN THE
CHULA VISTA BAYFRONT SPECIFIC PLAN AREA
WHEREAS, the Chula Vista Bayfront Specific Plan Area is undergoing phased redevelopment, including the construction of new public streets and the reconfiguration of existing roadways; and
WHEREAS, the City of Chula Vista (“ City”) is required to formally name and/or rename public streets to support addressing, wayfinding, emergency response, and implementation of development projects; and
WHEREAS, the proposed street names have been coordinated with the Port of San Diego, where applicable; and
WHEREAS, approval of the proposed street names will allow staff to proceed with addressing, signage installation, wayfinding updates, and coordination with public safety agencies; and WHEREAS, the proposed activity has been reviewed for compliance with the California Environmental Quality Act (“ CEQA”), and it has been determined that the activity is not a Project" as defined under Section 15378 of the CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment; and WHEREAS, pursuant to Section 15060( c)(3) of the CEQA Guidelines, the activity is not subject to CEQA; and
WHEREAS, the Planning Commission held a duly noticed public hearing, considered the staff report and all evidence and testimony presented, and determined that recommending approval of the proposed street names is in the best interests of the City and consistent with implementation of the Chula Vista Bayfront Specific Plan.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Chula Vista that it hereby recommends that the City Council approve the following street name changes within the Chula Vista Bayfront Specific Plan Area:
1. G Street ( E Street to H Street) shall be renamed Harbor Park Way;
2. New street ( Marina Parkway to terminus at Bayshore Bikeway) shall be named Horizon Drive;
3. New street ( H Street to J Street) shall be named Catalyst Avenue; and
4. Gunpowder Point Drive ( E Street to Living Coast Discovery Center) shall be renamed Discovery Reach.
Docusign Envelope ID: 2F78D58A- 9521- 8AE0- 8188- B23157366165
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October 6, 2026 Post City Council Agenda
esolution No. 2026- 007
Page No. 2
BE IT FURTHER RESOLVED that the Planning Commission recommends that, upon approval by the City Council, the Director of Development Services, or designee, be authorized to take all actions necessary to implement the City Council's action, including coordination with the Port of San Diego, coordination with existing businesses, updating City addressing and geographic information systems, and installation of street name and wayfinding signage.
Presented by Approved as to form by
Roy Sapa’ u Marco A. Verdugo
Deputy City Manager/ City Attorney
Director of Development Services
PASSED, APPROVED, and ADOPTED by the Planning Commission of the City of Chula Vista, California, this 12th day of August 2026, by the following vote:
AYES: Commissioners: Combs, Torres, and Leal
NOES: Commissioners: None
ABSENT: Commissioners: Jones, and Sanfilippo
Rodrigo Leal, Chair
ATTEST:
Mariluz Zepeda, Deputy City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Mariluz Zepeda, Deputy City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2026- 007 was duly passed, approved, and adopted by the Planning Commission at a regular meeting of the Planning Commission held on the 12th day of August 2026.
Executed this 12th day of August 2026.
Mariluz Zepeda, Deputy City Clerk
Docusign Envelope ID: 2F78D58A- 9521- 8AE0- 8188- B23157366165
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
Street Names – Bayfront Specific Plan Area
Item 8.3
October 6, 2026
Prepared by
Rebecca Bridgeford
Deputy Director, Development Service
Prepared for
Chula Vista City Council 10/06/2026
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
Horizon Drive
Marina Parkway to Bayshore Bikeway
Harbor Park Way
Street segment adjacent to Harbor Park
Proposed Street Name Changes –
Bayfront Specific Plan Area
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
Harbor Park Way
Requested by the Port of San Diego.
Reflects the roadway’s frontage along the renamed Harbor Park.
The action does not rename the full length of the street.
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
Horizon Drive
Marina Parkway to the Bayshore Bikeway parking lot.
A new street - not a renaming of an existing roadway
Echoes aviation and exploration imagery.
Evokes forward vision for the Bayfront and the Bay’s expansive views.
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
Adopt a resolution approving street name changes for one (1) existing and one (1) new street in the Chula Vista Bayfront Specific Plan Area.
Recommended Action:
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October 6, 2026
ITEM TITLE
Lease Agreement: Approve a Lease Agreement with ORBPD-1, LLC for real property located at Otay River Business Park for Police Department Vehicle Storage
Report Number: 26-0289
Location: 2890 Faivre Street
Department: City Manager & Police Department
G.C. § 84308 Regulations Apply: Yes
Environmental Notice: The project qualifies for a Categorical Exemption pursuant to State California Environmental Quality Act Guidelines Section 15301 (Existing Facilities).
Recommended Action
Adopt a resolution approving a lease agreement between the City of Chula Vista and ORBPD-1, LLC for real property space at the Otay River Business Park located at 2890 Faivre Street.
SUMMARY
The Police Department Headquarters was constructed in 2004 and includes core functions such as dispatch, investigations, administrative offices, evidence storage, a crime laboratory, and a holding facility. More than two decades later, the facility is not able to support the current and projected operational needs of the department including evidence vehicle parking.
A Facilities Master Plan is currently being developed to address the short- and long-term needs of the Police Department including providing for all vehicle storage and parking needs. However, there is an immediate need to resolve evidence vehicle storage and for this reason, staff recommends approval of a 63-month agreement to lease warehouse space for the temporary storage of evidence vehicles.
The lease term would allow for the master planning effort to conclude later this year, and a long-term, permanent solution be developed and implemented.
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ENVIRONMENTAL REVIEW
The proposed activity has been reviewed for compliance with the California Environmental Quality Act (CEQA), and it has been determined that the project qualifies for a Categorical Exemption pursuant to State CEQA Guidelines Section 15301 (Existing Facilities), which consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use and where the exceptions listed in State CEQA Guidelines Section 15300.2 would not apply in that no cumulative impacts were identified, no significant effects on the environment were identified, the project is not adjacent to a scenic highway, no historical resources would be affected by the action, and the project was not identified on a list of hazardous waste sites pursuant to Section 65962.5 of the Government Code. Thus, no further environmental review is required
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
The Police Department Headquarters was constructed in 2004 and includes core functions such as dispatch, investigations, administrative offices, evidence storage, a crime laboratory, and a holding facility. More than two decades later, the facility is increasingly insufficient to support the current and projected operational needs of the department including evidence vehicle parking.
A responsibility of Police Department is to securely store vehicles that have been involved in a crime that may be considered evidence. The number of evidence vehicles Police Department maintains in their possession fluctuates and typically ranges from 50 to 80 vehicles at any given time. The duration the vehicles are stored is dependent on the judicial system and can range from a few days to several years or longer. The Police Department currently stores evidence vehicles in the Police Department Headquarters secure parking garage which has substantially reduced the availability of parking for employees and staff and as a result has forced employees and staff to find alternate parking in and around the Police Department Headquarters. In addition to storing evidence vehicles in the Police Department Headquarters parking garage, the Police Department utilizes several locations throughout the City, including a storage lot at Sweetwater Union High School District’s (”District”) main office. The District has plans to redevelop the property and has requested removal of evidence vehicles as soon as possible.
Currently, the City is working with consultants at Carrier Johnson + Culture to develop a Facilities Master Plan that is evaluating current police facilities and identifies future facility needs to support the department's mission, operations, staffing, and service goals through build out of the City.
The plan will serve as a roadmap for decisions regarding the renovation, expansion, replacement, or construction of police facilities based on projected operational demands, population growth, service levels, technology, and industry best practices. This plan will include a long-term solution for the storage of all vehicles including those considered evidence.
In the short-term, and as a temporary solution to this immediate need, the proposed warehouse lease will allow the Police Department to consolidate the vehicle storage into one, secure, indoor warehouse location.
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The warehouse will allow Police Department to continue to maintain the chain of custody and preservation of the evidence vehicles. The warehouse space will also be used to store Police Department trailers, barricades and other essential equipment as necessary. The 16,900 square foot lease includes a small amount of office space the Police Department will utilize for staff to process evidence.
Key Terms of the Lease Agreement
1. Initial term of the lease shall be sixty-three (63) months and shall commence on or before November 1, 2026.
2. Three (3) months of rent abatement to occur in months two (2) through four (4) of the initial term.
3. Annual rent for the initial term to be paid is as follows:
Period Total Annual Rent
Months 1-12* $266,175.00*
Months 13-24 $365,547.00
Months 25-36 $376,513.41
Months 37-48 $387,808.81
Months 49-60 $399,443.08
Months 61-63 $102,856.59
Lease Extensions, if exercised
Months 64-75 $431,997.69
Months 76-87 $453,597.57
Months 88-99 $476,277.45
Months 100-111 $500,091.32
Months 112-123 $525,095.89
Total $4,285,403.81
*Adjusted for rental abatement
4. Five (5), one (1) year extension options at a five percent (5%) increase over the prior period.
5. Police Department will be responsible for certain insurance costs, utilities and telecommunications serving the premises, interior maintenance and repair expenses, and cleaning services.
6. The landlord will pay to touch-up the paint and spot clean the carpet in the office area as needed.
Landlord will construct a fenced yard area for additional storage.
DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of the City Council members and has found no property holdings within 1,000 feet of the boundaries of the property which is the subject of this action. Consequently, this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(7) or (8), for purposes of the Political Reform Act (Cal. Gov’t Code §87100, et seq.).
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
P a g e | 4
CURRENT-YEAR FISCAL IMPACT
If approved, the proposed lease agreement would result in rent expenses of $147,875 in fiscal year 2026-27.
This cost is included in the Police Department’s fiscal year 2026-27 General Fund budget. Therefore, no additional appropriations are required in the current fiscal year.
ONGOING FISCAL IMPACT
Approval of the resolution will create an ongoing fiscal impact for the term of the lease contract. The total rent expense through the term of the agreement, inclusive of extensions, if exercised, shall not exceed approximately $4.3 million. The table below outlines lease costs by fiscal year.
Fiscal Year Annual Rent
FY 2026-27 $147,875.00
FY 2027-28 $361,998.00
FY 2028-29 $372,857.96
FY 2029-30 $384,043.66
FY 2030-31 $395,565.00
FY 2031-32 $416,003.32
FY 2032-33 $440,997.64
FY 2033-34 $463,047.52
FY 2034-35 $486,199.90
FY 2035-36 $510,509.88
FY 2036-37 $306,305.93
TOTAL $4,285,403.81
Throughout the term of the lease, the Police Department will be responsible for certain insurance costs, utilities and telecommunications serving the premises, interior maintenance and repair expenses, and cleaning services.
Costs related to the lease contract in subsequent fiscal years will be considered as part of the annual budget development process.
ATTACHMENTS
1. CVPD Lease Agreement
Staff Contact: Scott Dickson, Real Property Manager
Rusty Rea, Police Lieutenant
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
Form Rev 9/30/2025
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A LEASE AGREEMENT
BETWEEN THE CITY AND ORBPD-1, LLC, A DELAWARE
LIMITED LIABILITY COMPANY AT OTAY RIVER
BUSINESS PARK
WHEREAS, the Police Department is required to securely store vehicles that have been involved in a crime that may be considered evidence. The Police Department currently stores evidence vehicles in several locations throughout the City, including in Police Department’s secure parking garage. Several of the locations the Police Department currently uses to store the evidence vehicles will no longer be available to the Police Department resulting in the need for warehouse storage. The leased Premises will allow the Police Department to consolidate the vehicle storage into one, secure, indoor location. The warehouse will allow the Police Department to continue to maintain the chain of custody and preservation of the evidence vehicles; and WHEREAS, the City desires to lease approximately 16,900 square feet of warehouse space at the Otay River Business Park (“Premises”) for the storage of the evidence vehicles, trailers, barricades and other essential equipment; and
WHEREAS the City and ORBPD-1, LLC desire to enter into a 63-month lease agreement with five (5), one (1) year extension options for the Premises; and WHEREAS, during the initial 63-month term of the lease agreement, the rent expense shall be $1,898,343.89; and five options to extend for one year each.
WHEREAS, if the extension options are exercised, the not-to-exceed total compensation payable under the lease agreement shall not exceed $4,285,403.81 over the full term of the lease agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the lease agreement, between the City and ORBPD-1, LLC, in the form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk, and authorizes and directs the City Manager to execute same.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it authorizes the City Manager to execute any other documents necessary to finalize this transaction, or that may be required by the terms of the lease agreement, including amendments and extension options to the lease agreement, all as deemed necessary and in the form approved by the City Attorney.
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
Resolution No.
Presented by Approved as to Form by
Tiffany Allen Marco A. Verdugo
City Manager City Attorney
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
1 Lease ( ORBP) - City of Chula Vista 4903- 8487-5465 v.8.docx
STANDARD FORM INDUSTRIAL LEASE
Triple Net)
This Standard Form Industrial Lease ( Triple Net) (" Lease") is executed on ___________, 2026 ( the Effective Date"), between ORBPD- 1, LLC, a Delaware limited liability company (" Landlord"), having an address for notices at 5465 Morehouse Drive, Suite 260, San Diego, CA 92121, Attention: Mr. Colton Sudberry, email: colton@sudprop. com ( with copies to: bill@sudprop. com and msmith@smcdslaw. com), and THE CITY OF CHULA VISTA, a Municipal Corporation (" Tenant"), having an address for notices at 276 Fourth Avenue, Chula Vista CA 91910], Attention: City Attorney, Email:
cityattorney@chulavistaca. gov ( with copies to: citymanager@chulavistaca. gov and sdickson@chulavistaca. gov), who agree as follows:
1. Agreement to Let. Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, upon all the terms, provisions, and conditions contained in this Lease, those certain premises designated as Suit e # 100 consisting of a portion of that certain industrial building ( the " Building") whose address is 2890 Faivre Street, Chula Vista, California, 91911, together with all existing office and industrial space therein, truck service areas, and improvements within the Premises, as more particularly described/ depicted on attached Exhibit " A" ( the " Premises"), along with the non- exclusive right to use, in common with Landlord, Landlord' s affiliates, and their respective invitees and licensees, and the other tenants and users of space within the Building, the Common Area ( as defined below). For purposes of this Lease, " Common Area" refers to those areas within and outside the Building which are intended for use by the tenants of the Building in common, including, without limitation, driveways, parking areas and truck courts, as reasonably designated by Landlord or the Otay River Business Park Association, a Californi a non- profit mutual benefit association ( the " Association"), from time to time, but subject to modification as described in this Lease.
As used herein, the “ Project” means the Building and the parcel of land on which such Building is located, as depicted on attached Exhibit “ B”.
2. Principal Lease Provisions. The following are the " Principal Lease Provisions" of this Lease. Other portions of this Lease explain and describe these Principal Lease Provisions in more detail and should be read in conjunction with this Paragraph. In the event of any conflict between the Principal Lease Provisions and the other portions of this Leas e, the Principal Lease Provisions will control. ( Terms shown in quotations are defined terms used elsewhere in this Lease .)
2.1. Rentable Area of the Premises: Approximately 16,900 Rentable Square Feet of space. The terms Rentable Square Footage," " Usable Square Footage," and similar terms dealing with Rentable or Usable means of describing measurements of square footages, will have the meanings of such terms adopted by the Buildin g Owners and Managers Association International ( BOMA) as of the date of this Lease relative to multi-tenant industrial buildings.
2.2. " Initial Lease Term": 63 months plus any additional days required for the Initial Expiration Date to occur on the last day of a month as set forth in Paragraph 2.2.2, below, beginning as of the Lease Commencement Date and ending as of the Initial Expiration Date.
2.2.1. " Lease Commencement Date": The lease commencement date is estimated to be November 1, 2026. Tenant’ s execution of this Lease is contingent upon Chula Vista City Council approval and execution of a Resolution authorizing the City Manager to execute this Lease.
2.2.2. " Initial Expiration Date": That date which is 63 months ( plus however many days are left in the final calendar month of the Term) after the Lease Commencement Date .
2.2.3. Extension Rights: Yes No ; Five options to extend for one year each ( see Paragraph 33, below).
2.3. " Basic Monthly Rent": $ 29,575.00 ( subject to adjustment as provided in Paragraph 6, below). Basic Monthly Rent will always be due and payable on or before the first day of the applicable month, except that the first month' s Basic Monthly Rent will be due and payable upon the date of Tenant' s execution of this Lease.
2.4. " Rent Commencement Date": The Lease Commencement Date.
ACN 2026-313
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2.5. " Security Deposit": None.
2.6. Guarantor: None.
2.7. " Permitted Use": Storage of vehicles, trailers, associated property and any other use permitted by applicable laws, zoning, and Project entitlements; provided, however, no uses are permitted which may or do, in Landlord' s reasonable discretion, conflict with exclusives granted by Landlord to other tenants, and all in accordance with all applicable laws, statutes, ordinances, and regulations and the provisions of this Lease . As of the execution of this Lease, no conflicts with exclusives are known to exist. Landlord shall provide reasonable notice to Tenant at the time any conflict may arise.
2.8. Participating Broker: " Landlord' s Broker": Michael Mossmer, Voit Real Estate Services Tenant' s Broker": None
2.9. Initial Payment Amounts: None.
2.10. Suite 150. Landlord is currently in negotiations with a third party ( the " Prospective Tenant") for the lease of Suite 150 of the Building, consisting of approximately 19,350 Rentable Square Feet (" Suite 150"). If Landlord terminates negotiations with Prospective Tenant before Tenant has taken possession of Suite 100 of the Building (" Suite 100") under this Lease, then, subject to the terms of this Paragraph 2.10, Tenant shall have the right to convert the Premises under this Lease from Suite 100 to Suite 150 ( the " Substitution"). Tenant' s ability to elect the Substitution will remain effective for three business days following written notice ( including notice by email) from Landlord to Tenant that negotiations with the Prospective Tenant ha ve terminated. If Tenant does not give written notice to Landlord of its election to accept the Substitution within such three business day period, Tenant shall be conclusively deemed to have declined to accept the Substitution. If the Substitution occurs, ( i) all references in this Lease to the " Premises" shall be deemed to refer to Suite 150 in lieu of Suite 100, and Suite 100 shall no longer be subject to this Lease; ( ii) Base Monthly Rent, including the rent schedule set forth in Paragraph 6, below, shall be adjusted based on the number of Rentable Square Feet of Suite 150; ( iii) the Lease Commencement Date and Rent Commencement Date shall be adjusted to reflect the actual date that possession of Suite 150 is delivered to Tenant; ( iv) Remove wall in between two offices to create a larger office and remove one of the office doors into newly created office and close opening where door was removed, replace carpet and repaint new larger office and affected area in hallway, touch up paint throughout the office space and spot clean carpet as necessary; ( v) Tenant shall obtain all necessary approvals and permits necessary for the installation of Loading Dock Fencing ( as defined in Paragraph 4.1.1, below) at Suite 150; ( vi) Landlord and Tenant will cooperate to adjust the timing for Landlord' s Work as it applies to Suite 150, including the construction of the Loading Dock Fencing ( which may be performed after delivery of possession of Suite 150 to Tenant); and ( vii) all other terms, covenants, and conditions of this Lease shall remain unmodified and in full force and effect. At the request of Landlord, if the Substitution occurs, Landlord and Tenant shall execute an amendment to this Lease memorializing the Substitution and the resulting changes described above, including an updated floor plan of Suite 150 attached as an exhibit. If the Substitution does not occur because Tenant has taken possession of Suite 100 before Landlord' s negotiations with the Prospective Tenant terminate, or Tenant does not timely elect the Substitution, Tenant shall have no further right to substitute Suite 150 for Suite 100 under this Paragraph 2.10, and this Paragraph 2.10 shall be of no further force or effect.
3. Term. The term of this Lease (" Term") shall commence on the Lease Commencement Date, as defined in the Principal Lease Provisions, and shall expire on the Initial Expiration Date, as defined in the Principal Lease Provisions, su bject to i) any extension rights set forth in this Lease, and ( ii) earlier termination, as provided in this Lease. The term " Expiration Date", as used in this Lease shall mean the Initial Expiration Date, any earlier date upon which this Lease is terminated by Landlor d, as provided below, or if the Term is extended, then the expiration date of any Extension Term ( as defined below).
4. Delivery of Possession. On or before the Estimated Lease Commencement Date, Landlord, at its cost, shall have Substantially Completed the Touch- Up Work ( as defined below) and shall deliver possession of the Premises to Tenant subject to Landlord' s reserved rights hereunder and Landlord' s right to continue the completion of the Loading Dock Fencing) in broom clean condition and with dock doors, roof, HVAC ( defined below), electrical, lighting, fire sprinkler, and plumbing systems in good working order.
4.1. For purposes of this Lease:
4.1.1. the term " Landlord' s Work" means the following:
Docusign Envelope ID: 9F8B496A- 4FED- 8AB5-8236-2D2140ACB8EF
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3 Lease ( ORBP) - City of Chula Vista 4903- 8487-5465 v.8.docx a) Touch- up paint throughout the office space and spot clean carpet as necessary , balance the HVAC in the office area and reinstall bathroom sign that is missing form restroom ( collectively, the " Touch- Up Work"), such Touch- Up Work to be completed by Landlord prior to the Lease Commencement Date; and b) The installation of a chain- link fence in the loading dock area to include a drive through gate with screening on fencing, in a configuration designated by Landlord and approved by Tenant, such approval not to be unreasonably withheld ( the " Loading Dock Fencing Work"). The area within such fenced area is referred to in this Lease as the " Fenced Area". Landlord is responsible for obtaining city approvals for the Loading Dock Fencing Work, including the ability to fence off the area for the outside storage of vehicles. Landlord shall Substantially Complete the Loading Dock Fencing Work within 30 days following the last to occur of (i) Landlord' s delivery of possession of the Premises to Tenant , and ( ii) Landlord obtaining the necessary city approvals for the Loading Dock Fencing Work. Such 30- day period to be extended for circumstances or delays outside of the reasonable control of Landlord, delays resulting from Tenant' s requested changes to the Loading Dock Fencing Work, delays due to failure of Tenant to provide information or responses as requested by Landlord in connection with Loading Dock Fencing Work, or other action or omission by Tenant that interferes with or delays, directly or indirectly, the Substantial Completion of the Loading Dock Fencing Work. Landlord and Tenant will cooperate to reasonably allocate costs between them attributable to such delays.
The term " Substantially Complete" ( and its grammatical variations, such as Substantial Completion) when used with reference to Landlord' s Work, will mean that the Landlord' s Work is complete under the terms of this Lease, except for items identified in a written, detailed " punch- list" of excepted items agreed to by the parties on or before the Lease Commencement Date, with respect to the Touch- Up Work, and on or before the timing set forth above for the Loading Dock Fencing ( the " Punch- List"). Neither Landlord nor Tenant shall unreasonably withhold their agreement on the Punch -List.
4.2. Except for the Punch- List and the Loading Dock Fencing Work ( which shall be completed after the Lease Commencement Date), Tenant shall, as of the Lease Commencement Date, be deemed to have ( i) thoroughly inspected the Premises, and determined that, to the best of Tenant' s knowledge, the Premises comply with all applicable laws and ordina nces, and that the Premises are in first- class condition and repair, ( ii) accepted the Premises in its then as- is condition with no right to require Landlord to perform any additional work therein, except for the Punch- List, (iii) waived any express or implied warranties regarding the condition of the Premises, including any implied warranties of fitness for a particular purpose or merchantabil ity, and ( iv) Tenant acknowledges and agrees that the Rentable Square Footage of the Premises, as set forth in Paragraph 2.1 of the Principal Lease Provisions, above, shall be conclusive for all purposes under this Lease and Tenant hereby expressly waives any right to contest the Rentable Square Footage of the Premises for any reason.
4.3. Notwithstanding the fact that the Term of this Lease does not commence until the Lease Commencement Date, Tenant shall have the right to enter onto the Premises to allow Tenant to conduct the installation of furniture, fixtures, equipment, and set- up, subject to all terms and conditions of this Lease, including without limitation, complying with all provisions regarding any work that constitutes an Alteration. The foregoing right of early entry shall be subject to each of the following terms and conditions: ( i) Tenant' s entry prior to the Lease Commencement Date shall be deemed to be on, and shall be subject to, all of the terms and conditions of the Lease, other than the obligation to pay Basic Monthly Rent; ( ii) Tenant must, and hereby does, agree to indemnify, defend, and hold harmless Landlord the Landlord Indemnitees ( as defined below) against all claims, liability, and damages arising from Tenant' s entry prior to the Lease Commencement Date; ( iii) Tenant' s entry prior to the Lease Commencement Date does not constitute the commencement of the Term; ( iv) Tenant shall have provided proof of insurance as required by this Lease to Landlord prior to accessing the Premises; and ( v) Tenant shall not be in default under this Lease. Any right to and period of early entry shall automatically terminate upon the occurrence of the Lease Commencement Date, whereupon all terms and conditions of this Lease shall apply.
5. Permitted Tenant Alterations. Tenant shall be permitted to make the following alterations at its expense: ( a) installation of privacy window tint on exterior windows and entry doors in office area and window in warehouse , and ( b) installation of reasonable amounts of exterior conduit as needed for Tenant' s exterior security cameras, provided such condui t is painted to match the exterior of the building.
6. Rent. Tenant shall pay to Landlord, in advance on or before the first day of each calendar month throughout the Term, as minimum monthly rent, without deduction, setoff, prior notice, or demand, the Basic Monthly Rent described in the Principal Lease Provisions, subject to adjustment as set forth below in this Paragraph 6. If the Lease Commencement Date is other than the first day of a month, then Basic Monthly Rent for the fifth month of the Term ( the next month following rent abatement as provided below) and the final month of the Term shall be prorated on the basis of the actual number of days during Docusign Envelope ID: 9F8B496A- 4FED- 8AB5-8236-2D2140ACB8EF
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October 6, 2026 Post City Council Agenda
4 Lease ( ORBP) - City of Chula Vista 4903- 8487-5465 v.8.docx the relevant month. All amounts payable by Tenant pursuant to the provisions of this Lease other than Basic Monthly Rent shall constitute " Additional Rent". With respect to any payment of Additional Rent which becomes payable under this Lease but for which no due date or payment period is expressly set forth in this Lease, such payment shall be due within thirty ( 30) days after Landlord' s written demand therefor. All Basic Monthly Rent and Additional Rent ( collectively, " Rent") shall be paid to Landlord at the same address as notices are to be delivered to Landlord at the address set forth in the introductory Paragraph of this Lease, or such other address as Landlord may, from time to time, direct in writing . The Basic Monthly Rent for the Initial Lease Term and Extension Periods shall be as follows:
Rent Periods Monthly
Month 1-12* $ 29,575. 00
Month 13- 24 $ 30,462. 25
Month 25- 36 $ 31,376. 12
Month 37- 48 $ 32,317. 40
Month 49- 60 $ 33,286. 92
Month 61- 63 $ 34,285. 53
Extension Periods
Month 64- 75 $ 35,999. 81
Month 76- 87 $ 37,799. 80
Month 88- 99 $ 39,686. 79
Month 100- 111 $ 41,674. 28
Month 112- 123 $ 43,757. 99
Months two through four, inclusive, conditionally abated as provided below.
Landlord hereby agrees to conditionally waive Basic Monthly Rent for months two through four, inclusive, of the Initial Lease Term. In the event this Lease is terminated for Tenant default, the abated Basic Monthly Rent shall be immediately due and payable by Tenant to Landlord without notice or demand from Landlord.
In no event shall the aggregate Basic Monthly Rent for the entire Initial Lease Term and Extension Periods, exceed $ 4,285, 403. 81.
7. Use of Premises and Common Area.
7.1. Landlord makes no representation or warranty to Tenant that the Permitted Use is permitted by applicable laws, and it shall be the sole responsibility of Tenant to confirm that the Permitted Use is permitted by applicable laws.
If any governmental approvals are required for any Permitted Use, Landlord may prohibit such use until Tenant provides eviden ce reasonably satisfactory to Landlord that such use is properly permitted in compliance with all applicable laws. Tenant shall use the Premises for the Permitted Use and for no other use without Landlord' s consent, which consent will not unreasonably be withheld.
Tenant shall comply with all laws and Rules ( as defined below) concerning the Premises and Tenant' s use of the Premises. Tenant' s obligation to comply with laws includes, without limitation, the obligation, at Tenant' s sole cost, to alter, maintain, and restore the Premises in compliance with all applicable laws even if such laws are enacted after the date of this Lease, and even if compl iance entails costs to Tenant of a substantial nature; provided, however, any cost to alter, maintain, and restore the Premises in compliance with all applicable laws even if such laws are enacted after the date of this Lease, which do not arise from Tenan t’s particular use of the Premises shall be treated as a Lease Expense pursuant to Paragraph 8. Such obligation to comply with laws shall include, without limitation, compliance with Title III of the Americans With Disabilities Act of 1990 ( 42 U.S.C. 12181 et seq.) the " ADA"). In addition to Tenant' s obligations relative to the Premises, as provided above, if Tenant 's use of the Premises including the commencement of any Alterations, as defined below) results in the need for modifications or alterations to any other portion of the Project in order to comply with the ADA or other applicable laws, then Tenant shall add itionally be responsible, upon demand, for the cost of such modifications and alterations plus a supervisory fee of up to 10% of such cost payable to Landlord subject to Landlord’ s written confirmation to Tenant that such supervisory fee was actually incurred . During any period of time in which Tenant is not continuously using and occupying the Premises, Tenant shall take such measures as may be necessary or desirable, in Landlord ' s reasonable opinion, to secure the Premises from break -ins and use by unauthorized persons, to minimize the appearance of non- use, and to otherwise maintain the interior and exterior portions of Tenant' s Premises, including all windows and doors, in first class condition.
Docusign Envelope ID: 9F8B496A- 4FED- 8AB5-8236-2D2140ACB8EF
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
5 Lease ( ORBP) - City of Chula Vista 4903- 8487-5465 v.8.docx
7.2. Subject to the provisions of this Paragraph 7.2 and Paragraph 7.2.1, below, Landlord grants to Tenant the exclusive use of the Fenced Area for the parking and storage of vehicles and the right to the non- exclusive use of the parking spaces within the Common Areas for the parking ( but not storage) of vehicles. Tenant shall ensure that its employees' and invitees' use of the Fenced Area and the Common Area shall at all times comply with the provisions of all Rules regarding such use as may be provided to Tenant from time- to-time. Landlord or Project owners, as the case may be, may, at their respective election, ( i) close any portion of the Common Area to the extent required in the opinion of such party' s legal counsel to prevent a dedication of any of the Common Area or the accrual of any rights of any person or of the public to the Common Area, ( ii) close temporar ily any of the Common Area for maintenance purposes, ( iii) designate other property outside the boundaries of the Building and/ or the Project to become part of the Common Area, ( iv) make any changes to the Common Area , or any part of the Building or Project, including, without limitation, changes to improvements, the addition of other improvements, and changes in the location of driveways, entrances, exits, vehicular parking spaces, or the direction of the flow of traffic, ( v) make rules limiting tenants of the Project ( including, without limitation, Tenant), and/ or employees of the tenants of the Project, to the use of, or excluding the use of, certain parking spaces or certain portions of the Common Area, in order to maintain the availability of accessible parking spaces for clients, guests, and invitees of tenants of the Project, and/ or (vi) grant easements or similar rights in the Common Area.
7.2.1. Without limiting the foregoing, Landlord grants to Tenant the right to use the parking spaces in the Common Area in common with others entitled thereto, on an unreserved, first- come, first- served basis, provided that Tenant' s use thereof does not (i) obstruct the drive aisles, ( ii) violate any law or regulation, including the Rules ( as defined below), or (iii) create an unsafe condition. Landlord shall not be responsible for enforcing Tenant' s parking rights against any third parties.
7.2.2. The speed limit in the Common Areas shall be five miles per hour, and Tenant and Tenant' s Parties shall comply with all posted signs. Vehicles shall not be washed, repaired or maintained at the Premises, the Fenced Area, or in the Common Areas. Landlord shall have no liability for damage to any vehicle, and Tenant shall be solely responsible for any damage to vehicles that occurs at the Premises or the Project. Tenant hereby waives any claim it may have against Landlord or any Landlord Indemnitees for damage to or theft of vehicles that occurs at the Premises, Fenced Area, or Project.
7.3. In addition to the Rules ( as defined below), Tenant and Tenant' s Parties use of the Premises, Fenced Area, and the Project, will be subject to the following additional general covenants and limitations on use. In the event of any breach of this Paragraph by Tenant or Tenant' s Parties, Landlord, at its election and in addition to its other rights and remedies under this Lease, may pay the cost of correcting such breach and Tenant shall immediately, upon demand, pay Landlord the cost thereof, plus a supervisory fee in the amount of up to 10% of such cost subject to Landlord’ s written confirmation to Tenant that such supervisory fee was actually incurred.
7.3.1. Tenant shall not do, bring, or keep anything in or about the Premises that will cause a cancellation of any insurance covering the Premises. If the rate of any insurance carried by Landlord is increased as a result of Tenant' s use or Tenant' s failure to continuously use and occupy the Premises, Tenant shall pay the amount of such increase to Landlord, within ten days after Landlord delivers to Tenant a notice of such increase .
7.3.2. No noxious or unreasonably offensive activity shall be carried on, in or upon the Premises by Tenant or Tenant' s Parties, nor shall anything be done or kept in the Premises which may be or become a public nuisance or which may cause unreasonable embarrassment, disturbance, or annoyance to others in or about the Project, or on adjacent or nearby property. To that end, Tenant additionally covenants and agrees that no light shall be emitted from the Premises which is unreasonably bright or causes unreasonable glare; no sounds shall be emitted from the Premises which are unreasonably loud or annoying in the context of an industrial park; and no odor shall be emitted from the Premises which is or might be noxious or offensive to others in the Building, on the Project, or on adjacent or nearby property.
7.3.3. No unsightliness shall be permitted in the Premises which is visible from the Common Areas. Without limiting the generality of the foregoing, all equipment, objects, and materials shall be kept enclosed within the Premises and screened from view; no refuse, scraps, debris, garbage, trash, bulk materials, or waste shall be kept, stored, or allowed to accumulate except as may be properly enclosed within appropriate containers in the Premises and promptly and properly disposed of.
7.3.4. The Premises shall not be used for sleeping or washing clothes, nor shall the Premises be used for cooking or the preparation, manufacture, or mixing of anything that might emit any offensive odor or objectionable noises or lights onto the Project or nearby properties.
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7.3.5. All pipes, wires, conduit, cabling, poles, antennas, and other equipment/ facilities for or relating to utilities, telecommunications, computer equipment, or the transmission or reception of audio or visual signals mu st be kept and maintained enclosed within the Premises ( except to the extent included as part of Landlord' s Work or as otherwise approved by Landlord).
7.3.6. Tenant shall not keep or permit to be kept any animal ( excluding seeing- eye dogs and except as otherwise required by applicable law), bird, reptile, or other exotic creature in the Premises.
7.3.7. Neither Tenant nor Tenant' s Parties shall do anything that will cause damage or waste to the Project. Neither the floor nor any other portion of the Premises shall be overloaded . No machinery, equipment, apparatus, or other appliance shall be used or operated in or on the Premises that will in any manner injure, vibrate, or shake all or any part of the Project or be allowed to interfere with the equipment of any other tenant within the Project ( or other property owned by Landlord or its affiliates), including, without limitation, interference with transmission and reception of telephone, telecommunications, television, radio, or similar signals.
7.4. Tenant will have 24 hour- a-day, seven day- a-week access to the Premises. Notwithstanding the foregoing, no failure of such access rights will constitute an eviction or a disturbance of Tenant 's use and possession of the Premises or relieve Tenant from paying Rent or performing any of its obligations under this Lease. Landlord will not be liabl e, under any circumstances, for a loss of or injury to property or for injury to or interference with Tenant' s business, including loss of profits through, in connection with, or incidental to a failure to furnish access under this Paragraph ; provided, however, Landlord agrees to use reasonable efforts to promptly correct any such interruption of access.
8. Utilities.
8.1. Tenant shall make all arrangements for and pay the cost of all utilities and services ( including, without limitation, their connection charges and taxes thereon) furnished to the Premises or used by Tenant . In addition, Tenant shall pay before delinquency all taxes, assessments, license fees, and other charges that are levied or assessed against, or based upon the value of, Tenant' s personal property or because of any Alterations performed by Tenant. Landlord may, at its election, furnish to the Premises any of such utilities and services, in which event Tenant shall reimburse Landlord for Landlord' s cost of furnis hing such utilities and services. Landlord shall not be liable for any interruption in utilities or services. Tenant agrees that, except as provided below, Landlord will not be liable for damages, by abatement of Rent or otherwise, for failure to furnish or delay in furnishing any utilities or services ( including telephone and telecommunication services) or for diminution in the quality or quantity of any utility or service. Such failure, delay, or diminution will not constitute an eviction or a disturbance of Tenant' s us e and possession of the Premises or relieve Tenant from paying Rent or performing any of its ob ligations under this Lease. Landlord will not be liable, under any circumstances, for a loss of or injury to property or for injury to or interference with Tenant' s business, including loss of profits through, in connection with, or incidental to an interruption of availability of any utilities or services.
Notwithstanding the foregoing, Landlord agrees to use reasonable efforts to promptly correct any such interruption of utiliti es or services, and Tenant shall cooperate with such efforts. If any governmental authority having jurisdiction over the Project imposes mandatory controls, or suggests voluntary guidelines applicable to the Project, relating to the use or conservation of water, gas, electricity, power, or the reduction of automobile emissions, Landlord, at its sole discretion, may comply with such mandatory controls or voluntary guidelines and, accordingly, require Tenant to so comply . Landlord shall not be liable for damages to persons or property for any such reduction, nor shall such reduction in any way be construed as a partial eviction of Tenant, cause an abatement of Rent, or operate to release Tenant from any of Tenant' s obligati ons under this Lease.
9. General Maintenance Obligations. Tenant shall at its sole cost ( i) maintain, repair, and replace, all in a condition consistent with the character of the Building, all portions of the Premises, and the utility/ building systems exclusively serving the Premises ( except those portions of the Premises or systems to be maintained by Landlord as expressly set forth below), ( ii) arrange for the removal of trash from the Premises to the Common Area trash bins, ( iii) furnish reasonable janitorial services within the Premises, ( iv) maintain and repair any plate- glass windows appurtenant to the Premises and all doors within or appurtenant to the Premises, ( v) maintain and repair all telephone lines and wiring and all wiring, equipment, fixtures, lamps, and tubes servin g the Premises, and ( vi) operate, maintain, repair, and replace any heating, air- conditioning and ventilation system, equipment, lines, and/ or machinery that exclusively serves the Premises ( collectively, " HVAC"). Notwithstanding the foregoing, If the HVAC cost to repair is in excess of 50% of the cost of replacing, then the HVAC shall be replaced by Landlord, and the cost shall be prorated and Tenant shall only be obligated to pay, each month during the remainder of the term of the Lease, on the date on which Base Rent is due, an amount equal to the product of multiplying the cost of such replacement by a fraction, the numerator of which is one, and the denominator of which is 144 ( ie. 1/ 144th of the cost per month). Tenant shall pay interest on the unamortized balance Docusign Envelope ID: 9F8B496A- 4FED- 8AB5-8236-2D2140ACB8EF
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7 Lease ( ORBP) - City of Chula Vista 4903- 8487-5465 v.8.docx but may prepay its obligation at any time. Notwithstanding anything to the contrary below, Tenant shall additionally repair, replace, and be liable for any damage to the Project resulting from the acts or omissions of Tenant or Tenant 's Parties, including, without limitation, any damage to the roof or damage relating to a roof penetration caused by Tenant or Tenant' s Parties. Tenant shall not take any action that invalidates any roof warranty and will reasonably cooperate with Landlord’ s requirements to preserve any roof warranty.
9.1. Landlord shall maintain and repair only the following, to the extent owned by Landlord: the Common Area, the utility/ building systems up to the point where they exclusively serve Tenant or another tenant, and the structural parts of the Building, which are only the structural walls ( excluding glass and doors), foundations, concrete subflooring, and the roof.
Landlord' s failure to perform its obligations set forth in this Paragraph 9 will not release Tenant of its obligations under this Lease, including, without limitation, Tenant' s obligation to pay Rent. Tenant waives the provisions of California Civil Code Section 1942 or any successor statute).
10. Security Measures. Tenant acknowledges ( i) that the Basic Monthly Rent does not include the cost of any security measures for any portion of the Project, ( ii) that Landlord shall have no obligation to provide any such security me asures, and ( iii) that Landlord has made no representation to Tenant regarding the safety or security of the Project. If Landlord provides any security measures at any time, then Landlord shall not be obligated to continue providing such security measures and Land lord shall not be obligated to provide such security measures with any particular standard of care. Tenant ass umes all responsibility for the security and safety of Tenant and/ or Tenant' s Parties. Tenant releases Landlord from all claims for damage, loss or injury to Tenant, Tenant' s Parties, and/ or to the personal property of Tenant and/ or of Tenant' s Parties, even if such damage, loss or injury is caused by or results from the criminal or negligent acts of third parties . Landlord shall have no duty to warn Tenant of any criminal acts or dangerous conduct that has occurred in or near the Premises, regardless of Landlord ' s knowledge of such crimes or conduct. Tenant shall have the right to install exterior cameras on the building which may include drilling small holes in the exterior walls for wiring and power. Tenant will be responsible for the cost of removing the cameras and patching or filling any holes or penetrations at the expiration or earlier termination of this lease.
11. Rules. Tenant shall, and shall cause Tenant' s Parties to, observe faithfully and comply strictly with all rules and regulations which Landlord or Project owners may from time to time adopt, including, without limitation, those rules and regulations set forth on attached Exhibit " D," as well as any recorded easement agreements, maintenance agreements, covenants, conditions, and restrictions, or the like affecting the Project ( collectively, " CC& Rs"), whether now existing or hereafter adopted or amended from time to time ( collectively, the " Rules"). Landlord shall have no duty or obligation to enforce any rule against any other tenant, and Landlord shall not be liable to Tenant for violation of any rule by any other tenant, or any other tena nt's agents, employees, officers, independent contractors, customers, invitees, visitors, or licensees.
12. Signs. Landlord may at any time change the name of the Building and install, affix, and maintain all signs on the exterior and interior of the Building as Landlord may, in Landlord' s sole discretion, desire . Tenant shall not have or acquire any property right or interest in the name of the Building or the Project. Tenant may not place, construct, modify, or maintain any sign, advertisement, awning, banner, or other exterior decoration ( collectively, " sign") in the Premises which is visible from the exterior of the Premises, or on the Building or any other portion of the Project, without Landlord' s prior written consent , which will not be unreasonably withheld so long as such signage complies with Landlord' s sign criteria applicable to the Project, including, without limitation, criteria relating to size, color, shape, graphics, and location ( collectively, the " Sign Criteria"), as well as all applicable laws, ordinances, CC& R's, rules, or regulations. It shall be Tenant’ s obligation to obtain any such approvals prior to installing or modifying any sign, and Landlord makes no representation or warranty with respect to Tenant' s ability to obtain any such approval. The cost of Tenant' s signage, including, without limitation, its purchase, design, installation, modification, maintenance, repair, and ultimate removal, shall be Tenant' s sole responsibility; such obligations shall survive the expiration or any earlier termination of this Lease. Tenant shall, at Tenant' s sole cost, make any changes to any sign, whether in the Premises or on the Building, as required by any new or revised applicable laws, ordinances, CC& R's, rules, or regulations. Tenant shall, additionally, maintain, repair, and replace all of Tenant' s signs in first class condition. Tenant shall remove all signs upo n the termination of the Lease, and Tenant shall repair any damage to the Premises and the Building caused by such removal, at Tenant' s sole cost and expense. Tenant shall use Landlord' s approved sign contractor for the preparation and installation of all signs.
Nothing contained in this Paragraph 12 will limit the Landlord' s right to grant signage rights to other tenants, or to affect the signage rights of any tenant. Subject to compliance with the requirements of this Paragraph and the Sign Criteria, Tenant is hereby granted the following signage rights: ( i) an identification sign on the exterior of the Building; and ( ii) Tenant' s name on any directory which may be or become part of the Building that identifies Building tenants.
13. Tenant' s Insurance.
Docusign Envelope ID: 9F8B496A- 4FED- 8AB5-8236-2D2140ACB8EF
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13.1. Prior and as a condition to Tenant' s occupancy of the Premises, Tenant shall furnish Landlord with a certificate( s) of insurance, executed by a duly authorized representative of each insurer, showing compliance with the insura nce requirements set forth bel ow. All certificates shall provide for 30 days' written notice to Landlord prior to the cancellation ( or material change) of any insurance referred to therein. The words " endeavor to" and " but failure to mail such notice shall imp ose no obligation or liability of any kind upon the company, its agents or representatives" shall be deleted from the certificate form' s cancellation provision. Failure of Landlord to demand such certificate or other evidence of full compliance with these insura nce requirements or failure of Landlord to identify a deficiency from evidence that is provided shall not be construed as a waiver of Tenant' s obligation to maintain such insurance. Failure to maintain the required insurance may result in termination of this Lease at Landlord' s option. If Tenant fails to maintain the insurance as set forth herein, Landlord shall have the right, but not the obligation, to purchase said insurance at Tenant' s expense. Tenant shall provide certified copies of all insurance policies required above within 10 days of Landlord' s written request. All required insurance shall be placed with insurers acceptable to Landlo rd.
Not more frequently than once every two years, if, in the opinion of Landlord, the amount of any Tenant' s insurance is not adequate, then Tenant shall increase such insurance as reasonably required by Landlord. By requiring insurance herein, Landlo rd does not represent that coverage and limits will necessarily be adequate to protect Tenant, and as such coverage and limits shall not be deemed as a limitation of Tenant' s liability under the indemnities granted to Landlord in this Lease. If Tenant' s liab ility policies do not contain the standard " ISO separation of insureds" provision, or a substantially similar clause, then such policies shall be endorsed to provide cross- liability coverage.
13.2. Tenant shall maintain commercial general liability (" CGL") and, if necessary, commercial umbrella insurance with a limit of not less than $ 1,000, 000. 00 each occurrence and a general aggregate limit of not less than $ 3,000, 000.
Such general aggregate limit shall apply separately to the Premises. CGL insurance shall be written on ISO occurrence form CG 00 01 12 04 ( or a substitute form providing equivalent coverage) and shall cover liability arising in relation to the Premise s and its operations, all independent contractors of Tenant, products- completed operations, personal injury and advertising injury, and liability assumed under an insured contract. Landlord and the property management company designated from time- to-time by Landlord shall be included as an insured under CGL, using ISO additional insured endorsement CG 20 11 or a substitute endorsement providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self- insurance programs afforded to Landlord. There shall be no endorsement or modification of the CGL to make it excess over other available insurance; alternatively, if the CGL states that it is excess or pro rata, the policy shall be endorsed to be primary with respect to the additional insured( s). A copy of the additional insured endorsement shall be submitted to Landlord, together with the certificate of insurance. There shall be no endorsement or modification of the CGL limiting the scope of coverage for liability arising from pollution or employment- related practices. Such policy shall contain a " contractual liability" endorsement insuring Tenant' s performance of Tenant' s obligation to indemnify Landlord and any Landlord Indemnitees ( defined below) as set forth herein. The amount and coverage of the insurance Tenant is required to maintain per this Paragraph 13 shall not limit Tenant' s liability nor relieve Tenant of any other obligation under this Lease.
13.3. Tenant shall maintain workers compensation and employer' s liability insurance. The employer' s liability limits shall not be less than $ 1,000, 000. 00 each accident for bodily injury by accident or $1,000, 000. 00 each emplo yee for bodily injury by disease or $ 1,000, 000. 00 bodily injury by disease policy limit. Tenant waives all rights against Landlord and Landlord Indemnitees for recovery of damages to the extent these damages are covered by the workers compensation and employer' s liability or commercial umbrella liability insurance obtained by Tenant pursuant to this Lease. Tenant shall obtain an endorsement equivalent to WC 00 03 13 to effect this waiver.
13.4. Tenant shall maintain automobile liability and, if necessary, commercial umbrella liability insurance with a limit of not less than $ 1,000, 000. 00 each accident. Such insurance shall cover liability arising out of any automobiles operated by or on behalf of Tenant or any Tenant' s Parties ( including owned, hired, and non- owned automobiles). Insurance, as required by this Paragraph, shall include coverage of the liability of Tenant for property damage to automobiles and related equipment while in the care, custody, or control of Tenant or Tenant' s Parties (" garagekeepers insurance"), including without limitation, any and all vehicles stored on the Premises or Project . This coverage shall apply to losses caused by collision and comprehensive perils.
13.5. Tenant shall maintain commercial property insurance covering the Tenant' s personal property including fixtures, equipment, and Alterations. Commercial property insurance shall, at a minimum, cover the perils insured under the ISO special causes of loss form CP 10 30, including earthquake sprinkler leakage. Commercial property insurance shall cover 100% of the full replacement cost of the property insured. Tenant shall additionally maintain full coverage plate -glass insurance Docusign Envelope ID: 9F8B496A- 4FED- 8AB5-8236-2D2140ACB8EF
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9 Lease ( ORBP) - City of Chula Vista 4903- 8487-5465 v.8.docx on the Premises, if applicable. Any coinsurance requirement in such policy shall be eliminated through the attachment of an agreed amount endorsement, the activation of an agreed value option, or as is otherwise appropriate under the particular policy form .
Landlord and the property management company designated from time- to-time by Landlord shall be included as an insured under the commercial property insurance. Tenant may, at its option, purchase business income, business interruption, extra expense or similar coverage as part of this commercial property insurance, and in no event shall Land lord be liable for any business interruption or other consequential loss sustained by Tenant, whether or not it is insured, even if such loss is caused by th e negligence of Landlord or Landlord Indemnitees. Tenant shall also maintain boiler and machinery insurance covering fixtures, equipment, Alterations or other betterments, as well as Tenant' s personal property for loss or damage caused by perils covere d in a standard boiler and machinery insurance policy. Landlord shall approve all deductibles applicable to the commercial property and boiler and machinery insurance purchased by Tenant.
13.6. Landlord also reserves the right to require Tenant to obtain insurance based on the Permitted Use, including without limitation, environmental impairment liability insurance and / or underground storage tank insurance, if applicable. Notwithstanding the foregoing insurance requirements, with Landlord' s consent, not to be unreasonably withheld, Tenant shall have the ability to self- insure with respect to all insurance required of Tenant pursuant to an established risk management/ self insurance program.
14. Landlord' s Insurance. Landlord may, at its election, maintain insurance, of such types, in such amounts, and with such limits as Landlord shall determine in its sole reasonable discretion.
15. Waiver of Subrogation. Landlord and Tenant shall cause each insurance policy obtained by it pursuant to this Lease to provide ( if such provision is generally commercially available) that the insurance company waives all right of recovery by way of subrogation against Landlord or Tenant in connection with any damage, loss, or injury covered by such policy . Each party hereto releases the other party hereto and such other party 's guests, invitees, customers and licenses from all claims for damage, loss, or injury to its property to the extent such damage, loss, or injury is covered by any insurance policies carried ( or required to be carried) by the releasing party and in force at the time of such damage, loss, or injury.
16. Indemnity and Exemption of Landlord from Liability. Tenant hereby agrees to indemnify, defend and hold harmless Landlord, the Project owner( s), and their respective partners, directors, officers, employees, shareholders, lenders, agents, contractors, and each of their successors and assigns ( individually and collectively, " Landlord Indemnitees") from and against all Claims ( as defined below) and all costs, expenses and attorneys' fees incurred in the defense of any such Claims or any action or proceeding brought on any of such Claims. For purposes of this Lease, " Claims" will mean and refer to all liabilities, damages, losses, costs, expenses, attorneys' fees and claims ( except to the extent they result from Landlord' s or a Landlord Indemnitee' s grossly negligent acts or willful misconduct) arising from or which seek to impose liability under or because of (i) Tenant ' s or Tenant' s Parties' use of the Premises or the Project, ( ii) any activity, work, or things done, permitted, or suffered by Tenant or any of Tenant' s Parties in or about the Premises or elsewhere, and/ or (iii) any negligence or intentional misconduct of Tenant or any of Tenant' s Parties. Except to the extent caused by Landlord' s or a Landlord Indemnitee' s grossly negligent acts or willful misconduct, Tenant assumes all risk of, Tenant waives all claims against Landlord and the Landlord Indemnitees in respect of, and Landlord and the Landlord Indemnitees shall not be liable for, any of the matters set forth above in this Paragraph or any of the following: injury to Tenant' s business, loss of income from such business, or damage or injury to the goods, wares, merchandise, or other property or the person of Tenant, Tenant' s Parties or any other persons in, upon, or about the Premises, regardless of cause. In connection with the foregoing, Tenant hereby waives any defense that would otherwise be provided by Section 1542 of the California Civil Code ( which reads " A GENERAL RELEASE DOES NOT EXTEND TO
CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN
HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR
HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEME NT WITH THE DEBTOR OR RELEASED PARTY"), or laws of a similar nature, which would limit any such release to matters known or suspected to exist by Tenant.
Neither Landlord nor any Landlord Indemnitee shall be liable under any circumstances for, and Tenant hereby waives and releases Landlord and all Landlord Indemnitees from, all liability for punitive, special or consequential damages arising under or in connection with this Lease, including, but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill, loss of use, or any other injury or damage to, or interference with, Tenant’ s business, in each case, however occurring. The provisions of this Paragraph 16 shall apply only to Landlord and Landlord Indemnitees and shall not be for the benefit of any insurer.
Docusign Envelope ID: 9F8B496A- 4FED- 8AB5-8236-2D2140ACB8EF
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17. Destruction. If the Building is totally or partially destroyed during the Term, rendering the Premises totally or partially inaccessible or unusable, then, Landlord may ( subject to Tenant' s option to terminate this Lease as provided below) either terminate this Lease by written notice to Tenant or restore the Premises to substantially the condition they were in prior to such damage or destruction; provided, however, Landlord shall have no obligation to restore any of Tenant ' s Alterations ( as defined below) or personal property. Tenant shall have the option to terminate this Lease by delivery of written notice to Landlord within thirty ( 30) days after: ( i) Landlord informs Tenant in writing that the repair or restoration of the Premises will take more than 180 days following the date of the damage or destruction, which Landlord will use commercially reasonable efforts to provide within 60 days following the date of the damage or destruction; or (ii) material damage or total destruction occurring during the last 12 months of the Term that renders the Premises unfit for the Permitted Use . If this Lease is not terminated as provided herein, the Basic Monthly Rent payable by Tenant will be prorated on the basis of the amount of the usable square footage in the Premises which are rendered unusable by virtue of such damage, destruction, or rebuilding process. If Landlord restores the Premises as provided above, then Tenant waives the provisions of California Civil Code Sections 1932( 2) and 1933( 4) or any successor stat ute with respect to any destruction of the Premises.
18. Condemnation. If during the Term, or during the period of time between the execution of this Lease and the Lease Commencement Date, there is any taking of all or any part of the Premises ( or sold under threat of condemnation or otherwise disposed of in connection with a condemnation proceeding), then Landlord may either terminate this Lease upon written notice to Tenant or restore the portion of the Premises not taken to a completed physical unit whereupon this Lease shall continue unaffected, except that the Basic Monthly Rent shall be reduced by the ratio of (i) the area of the Premises taken to (ii) the area of the Premises immediately prior to the Date of Condemnation; provided, however, if the condemnation substantially impacts Tenant’ s operations, as reasonably determined by the parties, Tenant may terminate this Lease by giving written notice within thirty ( 30) days after such taking. If either party notifies the other of its intention to so terminate this Lease, then this Lease shall terminate on the date that is 30 days after the date of such notice, and Basic Monthly Rent for the remainder of the Te rm will be prorated on the basis of the amount of the usable square footage in the Premises which is rendered unusable by virtue of such taking. All compensation, sums, or anything of value awarded, paid, or received on a total or partial Condemnation shall belong to and be paid to Landlord except for any recovery for loss of Tenant’ s business goodwill. Landlord and Tenant waive the provisions of any statute ( including, without limitation, California Code of Civil Procedure Section 1265. 130 or any successo r statute) that allows Landlord or Tenant to petition the superior court ( or any other local court) to terminate this Lease in the event of a partial taking of the Premises.
19. Hazardous Substances. Prior to or concurrently with its execution of this Lease and thereafter upon request from Landlord, Tenant shall complete and deliver to Landlord an Environmental Questionnaire in the form attached hereto as Exhibit " E" or as otherwise approved by Landlord. Tenant covenants, represents, and warrants that all of the information contained therein will be true, complete, and correct as of the date delivered, and Tenant shall immediately notify Landlord of any fact or circumstance thereafter occurring which would change the information on such Environmental Questionnaire if such Environmental Questionnaire were completed as of the date of such changed fact or circumstance. Tenant hereby agrees to indemnify, defend, and hold Landlord and the Landlord Indemnitees harmless from and against all actions, liabilities, damages, losses, costs, expenses, attorneys' fees, and claims ( except to the extent they arise as a result of Landlord ' s or such Landlord Indemnitee' s grossly negligent acts or willful misconduct), arising from or relating to any of the following during the Term or as otherwise caused by Tenant or Tenant' s Invitees: ( i) any discharges, releases, or threatened releases of any Hazardous Material ( as defined below) into ambient air, water, or land from, on, under, or above the Premises, ( ii) the manufacture, processing, distribution, use, treatment, storage, disposal, transport, or handling of pollutants, contaminants, or hazardous or toxic wa stes, substances, or materials, or otherwise from, on, or under, the Premises, or (iii) a violation of any environmental law on, under, or above the Premises ( for purposes of this Lease, " environmental laws" shall mean any Federal, State, or local law, statute, regulation, ordinance, guideline, or common law principle relating to public health or safety or the use or control of the environment, including without limitation the Federal Comprehensive Environmen tal Response, Compensation and Liability Act of 1980 ( 42 United States Code Sections 9601- 9675) (" CERCLA"), the Carpenter- Presley- Tanner Hazardous Substance Account Act, the California Hazardous Waste Control Law, the Federal Clean Air Act, the California Air Resources Act, the Federal Clean Water Act, the California Porter- Cologne Water Quality Control Act, the Federal Resource Conservation and Recovery Act of 1976 RCRA") ( 42 United States Code Sections 6901- 6992k), and the California Nejedly- Z'berg- Dills Solid Waste Management and Recovery Act). Landlord shall have the right, upon 24- hours' notice, except in the case of an emergency whereby Landlord shall provide Tenant with notice as soon as possible, to enter upon and conduct inspections of the Premises to determine Tenant 's compliance with this Paragraph, and Tenant agrees to promptly reimburse Landlord for all of Landlord' s costs arising from periodic monitoring of Tenant' s use, handling, or storage of Hazardous Material at or surrounding the Premises. Tenant shall not cause or permit any Hazardous Material to be generated, brought onto, used, stored, or disposed of in or about the Premises or the Project by Tenant or its agents, employees, contractors, subtenants, or invitees, except in connection with the Permitted Use Docusign Envelope ID: 9F8B496A- 4FED- 8AB5-8236-2D2140ACB8EF
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11 Lease ( ORBP) - City of Chula Vista 4903- 8487-5465 v.8.docx and for limited quantities of standard office and janitorial supplies. Tenant shall: ( a) use, store, and dispose of all such permitted Hazardous Material in strict compliance with all applicable environmental laws in effect during the Term that govern and/ or relate to Hazardous Material, public health and safety and protection of the environment, and ( b) comply at all times during the Term with all environmental laws. If the Premises are contaminated ( or, due to the acts or omissions of Tenant or Tenant' s Parties, the Project is contaminated) by any Hazardous Material during the Term, then ( 1) Tenant shall promptly notify Landlord in writing of such contamination, and ( 2) Landlord may elect to either ( A) demand that Tenant perform all remediation required by Landlord to Landlord' s satisfaction and at Tenant' s sole cost, necessary to return the Premises ( and/ or the Project) to at least as good a condition as the Premises ( or the Project) are in as of the Lease Commencement Date, which Tenant shall immediately do upon receipt of notice from Landlord, or ( B) proceed to cause such investigation, clean- up, and remediation work which Landlord deems necessary or desirable to be undertaken, whereupon the entire cost thereof ( plus a sup ervisory fee equal to 10% of such cost) will be payable by Tenant to Landlord upon demand as Additional Rent. If, after demand by Landlord, as provided in this Paragraph, Tenant does not promptly commence and diligently pursue such remediation, then Landlord may, at Landlord ' s election, perform or cause to be performed such remediation and Tenant shall immediately, upon demand, pay the cost thereof to Landlord, plus a supervisory fee in the amount of up to 10% of such cost payable to Landlord subject to Landlord’ s written confirmation to Tenant that such supervisory fee was actually incurred . Tenant' s obligations and liability under this Paragraph shall survive the termination of Tenant' s tenancy and the Term of this Lease, except that nothing contained in this Paragraph shall be deemed to impose liability on Tenant for any problem arising after the Term of this Lease provided neither Tenant nor Tenant' s Parties contributed to such problem during the Term of the Lease .
19.1. As used in this Lease, the term " Hazardous Material" shall mean any hazardous or toxic substance, material, or waste that is or becomes regulated by the United States, the State of California, or any local government authority having jurisdiction over the Building. Hazardous Material includes, without limitation: ( i) any " hazardous substance", as that term is defined in CERCLA; ( ii) "hazardous waste", as that term is defined in RCRA; ( iii) any pollutant, contaminant, or hazardous, dangerous, or toxic chemical, material, or substance, within the meaning of any other applicable federal, state, or local law , regulation, ordinance, or requirement ( including consent decrees and administrative orders imposing liability or standards of conduct concerning any hazardous, dangerous, or toxic waste, substance, or material, now or hereafter in effect); ( iv) petroleum products; ( v) radioactive material, including any source, special nuclear, or byproduct material as defined in 42 United States Code Sections 2011- 2297; ( vi) asbestos in any form or condition; and ( vii) polychlorinated biphenyls ( PCBs) and substances or compounds containing PCBs.
19.2. Tenant shall not allow or permit any lead- based paint to be used in the Premises, nor shall Tenant allow or permit any condition to occur which could result in the growth of mold within the Premises. Additionally, Tenant sha ll not allow or permit any materials which contain asbestos in any form or concentration (" Asbestos- Containing Materials") to be used or stored in the Premises or used in the construction of any improvements or alterations to the Premises, including, wit hout limitation, building or construction materials and supplies. Such prohibition against Asbestos - Containing Materials shall apply regardless of whether the Asbestos- Containing Materials may be considered safe or approved for use by a manufacturer, supplier, or governmental authority, or by common use or practice. If Tenant violates the foregoing covenants relating to lead- based paint, mold, and Asbestos- Containing Materials ( collectively " Prohibited Substances"), then (i) Tenant shall, upon notice from Landlord, immediately remove and remediate any damage from such Prohibited Substances at Tenant ' s sole cost, ( ii) such removal and remediation shall comply with all applicable laws, regulations, and requirements, ( iii) Tenant shall reimburse Landlord for all expenses incurred in connection with any inspection and testing of the Premises conducted by Landlord, and ( iv) unless Tenant completes such removal within 30 days after notice from Landlord, Landlord may, at its election, do either or both of the following: ( a) declare that the Tenant is in default hereunder ( without the requirement of any notice under Paragraph 26) and exercise Landlord' s remedies hereunder, including, without limitation, terminate this Lease upon ten days prior written notice to Tenant, and/ or ( b) remove and remediate such Prohibited Substances and obtain reimbursement from Tenant for the cost of such removal and remediation, including a supervisory fee payable to Landlord in the amount of up to 10% of the removal and disposal cost subject to Landlord’ s written confirmation to Tenant that such supervisory fee was actually incurred . Tenant shall indemnify Landlord and Landlord' s Indemnitees against all costs, liabilities, expenses, penalties, and claims for damages, including, without limitation, litigation costs and attorneys' fees, arising from ( 1) the presence of Prohibited Substances upon the Premises, to the extent that such Prohibited Substances are used, stored, or otherwise permitted in the Premises or used in the constru ction of any Alterations by Tenant or Tenant' s agents, employees, representatives, or independent contractors, ( 2) any lawsuit, settlement, governmental order, or decree relating to the presence, handling, removal, or disposal of Prohibited Substances upon or from the Premises, to the extent that such Prohibited Substances are used, stored, or otherwise permitted in the Premises or used in the construction of any improvements or Alterations to the Premises by Tenant or Tenant 's agents, employees, representatives, or independent contractors, or ( 3) Tenant' s failure to perform its obligations to remove such Prohibited Docusign Envelope ID: 9F8B496A- 4FED- 8AB5-8236-2D2140ACB8EF
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
12 Lease ( ORBP) - City of Chula Vista 4903- 8487-5465 v.8.docx Substances under this Paragraph. The provisions of this Paragraph shall not apply to any Prohibited Substances brought onto the Premises by Landlord or Landlord' s Indemnitees or resulting from the acts of Landlord or Landlord' s Indemnitees.
19.3. Tenant, in a timely manner, shall, to the extent required due to Tenant' s use of the Premises or arising out of Tenant' s actions at the Premises, the Building, or the Project, obtain and maintain in full force and effect all permits, licenses, and approvals, and shall make and file all notifications and registrations as required by environmental laws. Tenan t shall at all times comply with the terms and conditions of any such permits, license, approvals, notifications, and registrations. Tenant shall provide Landlord with copies of the following pertaining to the Premises or Tenant' s use thereof, promptly after each shall have been submitted, prepared, or received by Tenant: ( i) all notifications and associated materials submitted to any governmental authority relating to any environmental law; ( ii) all notifications, registrations, reports, and other documents and supporting information prepared, submitted, or maintained in connection with any environmental law or otherwise relating to environmenta l conditions; ( iii) all permits, licenses, and approvals, including any modifications thereof, obtained pursuant to any environmental law; and ( iv) any correspondence, notice of violation, summons, order, complaint, or other documents received by Tenant pertaining to compliance with or liability under any environmental law.
19.4. Tenant must give immediate written notice to Landlord of: (i) any enforcement, remediation, or other regulatory action or order, taken or threatened, by any governmental authority, agency, or other administrative body with jurisdiction over Tenant or the Premises ( an " Agency") regarding, or in connection with, the presence, release, or threat of release of any Hazardous Material on, under, about, or from the Premises, or any tanks on the Premises, or otherwise resulting from Tenant' s use of the Premises; ( ii) all demands or claims made or threatened by any third party against Tenant or its employees, agents, customers, visitors, invitees, licensees, contractors, designees or subtenants (" Tenant' s Parties") or the Premises relating to any liability, loss, damage, or injury resulting from the presence, release, or threat of release of any Hazardous Material on, under, about, or from the Premises or otherwise resulting from Tenant 's use of the Premises; ( iii) any significant spill, release, or discharge of a Hazardous Material on, under, about, or from the Premises, including, without limitation, any spill, release, or discharge required to be reported to any Agency under applicable environmental laws; and ( iv) all incidents or matters where Tenant and Tenant' s Parties are required to give notice to any Agency pursuant to applicable environmental laws. Tenant shall promptly provide to Landlord copies of all materials, reports, technical data, Agency inspection reports, notices and correspondence, and other information or documents relating to incidents or matters subject to notification under this Paragraph.
Also, Tenant shall promptly furnish to Landlord copies of all permits, approvals, and registrations Tenant receives or submits with respect to Tenant' s operations on the Premises, including, without limitation, any underground storage tank registrations, installation permits, and closure permits.
19.5. Landlord hereby notifies Tenant, and Tenant hereby acknowledges that, prior to the leasing of the Premises pursuant to this Lease, Tenant has been notified, pursuant to California Health and Safety Code Section 78700 ( or any successor statute), that Landlord knows, or has reasonable cause to believe, that certain hazardous substances ( as such term is used in such Section 78075), such as common cleaning supplies, office supplies, spillage of petroleum products from motor vehicles, and other consumer products, may have come ( and may in the future come) to be located on or beneath the Premises, the Building and/ or the Project.
19.6. Tenant acknowledges that Tenant has been provided an adequate opportunity to conduct Tenant 's own environmental investigation of the Premises with independent environmental experts and consultants. Accordingly, except as otherwise expressly set forth in this Lease, Tenant on behalf of Tenant and Tenant' s successors, assigns, and successors- ininterest waives, releases, remises, acquits, and discharges Landlord and the Landlord Indemnitees from all claims, actions, causes of actions, demands, rights, damages, costs, expenses, or compensation, direct or indirect, known or unknown, foreseen or unforeseen, that Tenant now has or that may arise in the future on account of the physical condition of the Premises, the Building or the Project; the environmental laws, including, but not limited to, CERCLA, or their application to the Premises, the Building or the Project; or the existence or condition of any fill, excavation, or filled ground on or about the Project that may affect the use, maintenance, monitoring, or otherwise of any underground storage tanks or other equipment installed by Tenant or Tenant' s Parties. Also, Tenant waives the benefit of Section 1542 of the California Civil Code, which reads as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE
CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO
EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE
RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE
MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE
DEBTOR OR RELEASED PARTY.
Docusign Envelope ID: 9F8B496A- 4FED- 8AB5-8236-2D2140ACB8EF
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
13 Lease ( ORBP) - City of Chula Vista 4903- 8487-5465 v.8.docx Tenant' s release of Landlord does not apply to any existing environmental condition or the presence of Hazardous Material on the Premises during the Term as a result of the conduct or activities of Landlord or any Landlord Indemnitees, nor will Tenant' s release of Landlord and the Landlord Indemnitees affect Tenant' s discovery rights against Landlord or the Landlord Indemnitees in connection with any action brought by a third party.
19.7. Prior to the expiration of the Term ( or within 30 days after any earlier termination), Tenant shall, at Tenant' s expense, clean and otherwise decommission the Premises ( including floors, walls, ceilings, office space, warehouse space, piping, supply lines, waste lines and plumbing in or serving the Premises, and all exhaust or other ductwork in or serving the Premises, in each case that has carried, released , or otherwise been exposed to any Hazardous Material due to Tenant' s use or occupancy of the Premises), and shall otherwise clean the Premises so as to permit an Environmental Assessment ( defined below) to be issued. Prior to the expiration of this Lease ( or within 30 days after any earlier termination), Tenant shall provide Landlord with an affidavit ( an " Environmental Assessment") stating that: ( i) the Hazardous Material described in the first sentence of this Paragraph, to the extent, if any, existing prior to such decommissioning, has been removed in accordance with all applicable laws; ii) all Hazardous Material described in the first sentence of this Paragraph, if any, has been removed in accordance with all applicable law from the Premises ( including floors, walls, ceilings, office space, warehouse space, piping, supply lines, waste lines and plumbing in or serving the Premises, and all exhaust or other ductwork in or serving the Premises, in each case that has carried, released, or otherwise been exposed to any Hazardous Material due to Tenant' s use or occupancy of the Premises) and all such areas and components of the Premises may be reused by a subsequent tenant or disposed of in compliance with applicable laws without incurring special costs or undertaking special procedures for demolition, disposal, investigation, assessment, cleani ng or removal of such Hazardous Material and without giving notice in connection with such Hazardous Material; and ( iii) the Premises may be reoccupied for office and/ or industrial use, demolished or renovated without incurring special costs or undertaking special procedures for disposal, investigation, assessment, cleaning or removal of Hazardous Material described in the first sentence of this Paragraph and without giving notice in connection with Hazardous Material. Further, for purposes of clauses ( ii) and ( iii), "special costs" or " special procedures" shall mean costs or procedures, as the case may be, that would not be incurred but for the nature of the Hazardous Material as Hazardous Material instead of non- hazardous material. The Environmental Assessment shall also include reasonable detail, to the extent applicable, concerning the clean- up measures taken, the clean- up locations, the tests run and the analytic results. Tenant shall submit to Landlord the identity of the applicable consultants and the scope of the proposed Environmental Assessment for Landlord ' s reasonable review and approval at least 30 days prior to commencing the work described therein or at least 60 days prior to the expiration of the Term, whichever is ear lier.
If the results of the Environmental Assessment indicate that Tenant is or may be in violation of this Lease, Tenant will be responsible for any additional testing and remediation measures required by Landlord . Tenant shall also, on or before its surrender of the Premises, take all steps necessary to terminate, close, or transfer all environmental permits, licenses, and other app rovals or authorizations for the Premises, or for activities, equipment, or condition s on the Premises, in accordance with all environmental laws.
19.8. Notwithstanding anything to the contrary above, Landlord hereby agrees to indemnify, defend, and hold Tenant harmless from and against all actions, liabilities, damages, losses, costs, expenses, attorneys ' fees, and claims ( except to the extent they arise as a result of Tenant' s or Tenant' s Parties' grossly negligent acts or willful misconduct), arising from or relating to Hazardous Materials on or below the Premises, Building or Project caused by Landlord or Landlord' s employees, contractors, or agents, including without limitation, microorganisms, mold, or lead within existing MEP and fire sprinkler sy stems.
20. Subordination and Attornment. This Lease and Tenant' s rights under this Lease are subject and subordinate to any deed of trust, and to all renewals, modifications, consolidations, replacements, or extensions thereof, now or hereafter affecting the Premises. The provisions of this Paragraph shall be self- operative, and no further instrument of subordination shall be required. In confirmation of such subordination, however, Tenant shall, within thirty days of receipt, execute and deliver any instruments that Landlord or any Lender may request to evidence such subor dination. Notwithstanding the preceding provisions of this Paragraph, if any Lender elects to have this Lease prior to the lien of its deed of trust, and gives written notice thereof to Tenant that this Lease shall be deemed prior to such deed of trust, whether this Lease is dated prior or subsequent to the da te of such deed of trust, then this Lease shall be deemed to be prior to the lien of such deed of trust and such deed of trust shal l be deemed to be subordinate to this Lease. If any Lender shall hereafter succeed to the rights of Landlord under this Lease, whether by foreclosure, deed in lieu of foreclosure, or otherwise, then ( i) such successor landlord shall not be subject to any offse ts or defenses which Tenant might have against Landlord, ( ii) such successor landlord shall not be bound by any prepayment by Tenant of more than one month' s installment of Basic Monthly Rent or any other Rent, ( iii) such successor landlord shall not be subject to any liability or obligation of Landlord except those arising after such succession, ( iv) Tenant shall attorn to and recogn ize such successor landlord as Tenant' s landlord under this Lease, ( v) Tenant shall promptly execute and deliver any instruments that may be necessary to evidence such attornment, and ( vi) upon such attornment, this Lease shall continue in effect as a direct lease Docusign Envelope ID: 9F8B496A- 4FED- 8AB5-8236-2D2140ACB8EF
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
14 Lease ( ORBP) - City of Chula Vista 4903- 8487-5465 v.8.docx between such successor landlord and Tenant upon and subject to all of the provisions of this Lease . If any Lender requests reasonable amendment( s) to this Lease at any time during the Term, then Tenant shall not unreasonably withhold or delay its written consent to such amendment( s).
21. Access by Landlord. Landlord and any of Landlord' s representatives shall have the right, to the extent deemed necessary or desirable by Landlord to protect the Building or Landlord' s rights and interests, to enter the Premises at all reasonable times, during normal business hours and upon reasonable prior notice, except in the event of an emergency or other circumstance when the giving of reasonable prior notice or the scheduling of access would not be feasible, however, Landlord shall immediately or as quickly as reasonably possible) notify Tenant of the emergency or other circumstance by calling the Chula Vista Police Department non- emergency number ( 619) 691- 5151.. Landlord shall not be liable for any inconvenience, disturbance, loss of business, nuisance, or other damage arising out of any entry on the Premises as provided in this Paragraph except damage resulting directly from the grossly negligent acts of Landlord or Landlord ' s representatives. Tenant shall not be entitled to abatement or reduction of Basic Monthly Rent or Rent because of the exercise by Landlord of any rights under this Paragraph.
22. Alterations. Tenant shall not make any alterations, improvements, additions, installations, or changes of any nature in or to the Premises ( any of the preceding, " Alterations") without Landlord' s prior written consent, which consent may be conditioned upon Tenant' s satisfaction of reasonable conditions relating to such proposed Alteration , however, Tenant may make non- structural Alterations to the Premises with a cost up to $50,000 without Landlord’ s consent. All Alterations shall upon installation become the property of Landlord and shall remain on and be surrendered with the Premises on the Expiration Date, except that Landlord may, at its election, require Tenant to remove any or all of the Alterations, by so notifying Tenant in writing at the time of consent. Further, Tenant shall keep the Premises free and clear of all mechanics ' liens resulting from or relating to any such Alterations.
22.1. Tenant shall, prior to the commencement of any Alterations, and at Tenant' s sole cost, ( i) acquire ( and deliver to Landlord a copy of) any required permit from the appropriate governmental authorities to make such Alterations ( any conditions of which permit Tenant shall comply with, at Tenant' s sole cost, in a prompt and expeditious manner), ( ii) provide Landlord with ten business days' prior written notice of the date the installation of the such Alterations is to commence, so that Landlord can post and record an appropriate notice of non- responsibility, ( iii) pay Landlord the reasonable costs and expenses of Landlord for architectural, engineering, or other consultants which reasonably may be incurred by Landlord in determining whether to approve any such Alterations, and ( iv) if applicable, obtain ( and deliver to Landlord proof of) reasonably adequat e workers compensation insurance with respect to any of Tenant' s employees installing or involved with such Alterations ( which insurance Tenant shall maintain on an occurrence basis in force until completion of the Alterations). In addition, Tenant shall comply with all reasonable conditions which may be imposed by Landlord relative to such Alterations .
23. Roof.
23.1. Tenant shall not install any radio or television antenna, satellite dish, loudspeaker, or other device collectively, " Devices") on the roof or exterior walls of the Building for any purpose whatsoever, except in the case of an emergency, without Landlord' s prior written consent, which may be given or withheld in Landlord' s discretion. In the event that Landlord grants written permission to Tenant or Tenant' s Parties to install any Devices, said consent shall be expressly conditioned upon Tenant or any Tenant' s Parties first executing a written agreement satisfactory to Landlord, in Landlord' s sole discreti on i) expressly indemnifying and holding Landlord free and harmless from any and all damages caused by Tenant' s Parties to the Premises, ( ii) indemnifying Landlord from any personal injury or other damages caused in connection therewith, and ( iii) prov ide Landlord with a $ 500. 00 deposit or such other sum as Landlord may hereinafter set. In connection with the installation of any Devices, Tenant must also submit the following for Landlord' s prior review and approval: ( a) reasonably detailed plans and specifications and working drawings detailing the proposed work and the Devices to be installed, including, but not limited to the disclosure of the size, weight, and type of Device to be placed upon the roof , the proposed location of such Devices, and any proposed roof penetrations ( collectively, the " Plans"); ( b) copies of all required governmental and quasi- governmental permits, licenses, and authorizations that Tenant will and must obtain at its own expense, for the installation and operation of the Devices, and ( b) the name of Tenant' s proposed contractor. If installation of any Device requires Tenant to make any roof cuts or perform any other roofing work, such cuts shall only be made in the manner designated in writing by Landlord , and any such installation work ( including any roof cuts or other roofing work) shall be performed, at Tenant' s sole cost and expense , by a roofing contractor designated by Landlord. If Tenant or its agents shall otherwise cause any damage to the roof during the installation, operation, maintenance, repair, replacement, or removal of any Device, such damage shall be repaired promptly at Tenant' s expense and the roof shall be restored in the same condition it was in before the damage . If Landlord' s insurance premium or tax assessment increases as a result of any Devices, Tenant shall pay such increase as Rent within ten ( 10) days after receipt of a reasonably Docusign Envelope ID: 9F8B496A- 4FED- 8AB5-8236-2D2140ACB8EF
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
15 Lease ( ORBP) - City of Chula Vista 4903- 8487-5465 v.8.docx detailed invoice from Landlord. Tenant shall not be entitled to any abatement or reduction in the amount of Rent payable under this Lease if for any reason Tenant is unable to use the Devices. In no event whatsoever may the installation, operation, maintenance, repair, replacement, or removal of the Devices by Tenant or its agents void, terminate, or invalidate any applicable roof warranty. Upon the occurrence of any such void, termination, or invalidation of any roof warranty, or threat thereof, due to any actions regarding Devices, Landlord may elect, at its option, to make Tenant responsible for the maintenance, repair, and replacement of the roof, notwithstanding Landlord' s obligations in this Lease or to claim an Event of Default hereunder. At the time Tenant vacates the Premises, all Devices installed on the roof by Tenant shall be removed at Tenant' s sole cost and expe nse.
Landlord' s roofer shall be responsible for making any and all roof repairs required by said removal, and Tenant shall reimburse Landlord for the costs of such repairs on demand. Landlord shall have the right to charge Tenant' s deposit for (x) the cost to seal around all roof cuts made by Tenant, ( y) for the cost of any damages to the roof caused by Tenant or Tenant' s Parties, and ( z) to pay the cost of making repairs to the roof necessitated by the removal of the Devices; provided, however, the amount of the deposit shall not limit Tenant' s liability for the payment of the foregoing amounts.
23.2. At least 30 days before the date it intends to commence the installations, Tenant shall be required to i) submit reasonably detailed final Plans for the installation of Devices on the roof, and ( ii) confirm the name of its cont ractor.
23.3. Tenant' s contractor shall provide Landlord with certificates of insurance, and at the election of Landlord, name the Landlord as an additional insured.
24. Surrender of Premises and Holding Over . On or before the Expiration Date or the earlier termination of this Lease: ( i) Tenant shall surrender to Landlord the Premises and all Alterations ( except for Alterations that Tenant is obligated to remove as expressly set forth in Paragraph 22, above) vacant, broom clean, and in first class condition and repair, ( ii) Tenant shall remove all of Tenant' s personal property and signage, ( iii) Tenant shall perform all repairs and restoration required by the removal of any Alterations or Tenant' s personal property, ( iv) Tenant shall surrender to Landlord all keys, entry devices, and security codes relating to the Premises ( including, without limitation, any keys to any exterior or interior doors), and ( v) Tenant shall ensure all doors, windows, locks, and hardware within the Premises are in operable condition. Without limiting the foregoing, if this Lease is terminated pursuant to Tenant' s rights in Paragraph 4, above, then Tenant shall additionally be obligated to repair and restore the Premises to its original condition existing prior to Tenant' s early entry pursuant to Paragraph 4.3, above. Tenant shall be liable to Landlord for Landlord' s costs for storing, removing, or disposing of any such Alterations or Tenant 's personal property which are not timely removed. If Tenant remains in possession of the Premises after the Expiration Date with Landlord ' s express written consent, Tenant' s occupancy shall be a month- to-month tenancy at a rental rate equal to 125% of the Basic Monthly Rent and Additional Rent payable under this Lease during the last full month before the Expiration Date unless otherwise negotiated by the parties. The month- to-month tenancy shall be on the terms, provisions, and conditions of this Lease except that Tenant shall have no extension rights and except as provided in the preceding sentence. If Tenant holds over after the Expiration Date without the express written consent of Landlord, Tenant shall become a tenant at sufferance only, at a rental rate equal to 125% of the Basic Monthly Rent and Additional Rent in effect immediately prior to expiration of the Term ( prorated on a daily basis), and otherwise subject to the terms, provisions, and conditions herein specified, so far as applicable . Acceptance by Landlord of rent after the Expiration Date shall not constitute a consent to a holdover tenancy hereunder or result in a renewal. The foregoin g provisions of this Paragraph are in addition to, and do not affect, Landlord' s right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. Landlord expressly reserves the right to require Tenant to surrender possession of the Premi ses to Landlord as provided in this Lease upon the Expiration Date. The provisions of this Paragraph shall not be considered to limit or constitute a waiver of any other rights or remedies of Landlord provided in this Lease or at law. In addition to the foreg oing, if Tenant fails to surrender the Premises to Landlord on the Expir ation Date in the condition required by this Paragraph, Tenant shall indemnify, defend, and hold Landlord and Landlord' s Indemnitees harmless from and against all actions, demands, liabilities, damages, losses, costs, expenses, attorneys' fees, and claims resulting from such failure, including without limitation any losses, damages, or expenses incurred by Landlord or Landlord' s Indemnitees to accommodate a succeeding tenant.
24.1. In connection with any surrender of the Premises, Tenant shall comply with its obligations under Paragraph 19.7, including the affidavit of an Environmental Assessment. If the Environmental Assessment indicate that Tenant is or may be in violation of this Lease, Tenant will be responsible for the cost of any additional testing and remediation me asures required by Landlord. Tenant shall also, on or before its surrender of the Premises, take all steps necessary to terminate, close, or transfer all environmental permits, licenses, and other approvals or authorizations for the Premises or for activities, equip ment, or conditions on the Premises, in accordance with all environmental laws. Tenant will also obtain and provide to Landlord the written approval or verification of the satisfactory completion of the termination, closure, or transfer from each Agency wit h jurisdiction over the environmental permit, license, or other approval.
Docusign Envelope ID: 9F8B496A- 4FED- 8AB5-8236-2D2140ACB8EF
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
16 Lease ( ORBP) - City of Chula Vista 4903- 8487-5465 v.8.docx
25. Assignment and Other Transfers. Without Landlord' s prior written consent ( which consent may be given subject to such conditions as Landlord deems reasonable), which shall not be unreasonably withheld, conditioned, or delayed, none of the following shall occur, voluntarily, involuntarily, by operation of law, or otherwise ( any of the following, a " Transfer"):
i) any assignment, sublease, disposition, sale, concession, license, mortgage, encumbrance, hypothecation, pledge, collatera l assignment, or other transfer, by Tenant of this Lease, any interest in this Lease, or all or any portion of the Premises; or (ii) any assignment, disposition, sale, transfer, acquisition, or issuance of equitable interest( s) ( whether stock, partnership or oth erwise) in Tenant. Landlord shall not be liable in damages to Tenant or to any proposed subtenant, assignee or other transferee ( any of the preceding a " Proposed Transferee") if such consent is adjudicated to have been unreasonably withheld, and, in such event, Tenant' s sole remedy shall be to have the proposed Transfer declared as valid as if Landlord ' s consent had been given. In connection with the foregoing, Tenant waives any right to seek damages or terminate this Lease under California Civil Code Section 1995. 310, or any similar law now or hereafter in effect. No Transfer shall release or discharge Tenant or any Guarantor from any liability, whether past, present, or future, under this Lease and Tenant shall continue to remain primarily liable under this Lease ( and not as a mere surety); provided, however, as a condition to granting consent to any assignment ( or like Transfer) Landlord may require the assigning Tenant to execute a guaranty on Landlord ' s standard form— which guaranty shall serve to release such assigning Tenant from direct liability hereunder and such assigning Tenant will then only have liability pursuan t to such guaranty.
25.1. If Tenant desires to effect a Transfer, including a Permitted Transfer ( as defined below), then at least thirty ( 30) days before the date Tenant desires the Transfer to be effective ( the " Transfer Date"), Tenant shall give Landlord a notice ( the " Transfer Notice") containing such information about the proposed transferee, including the proposed use of the Premises and any Hazardous Materials proposed to be used, stored, handled, treated, generated in, released or disposed of fro m the Premises, the Transfer Date, any relationship between Tenant and the proposed transferee, and all material terms and conditions of the proposed Transfer, including a copy of any proposed assignment or sublease in its final form, and such othe r information as is reasonably necessary or appropriate for Landlord to confirm compliance with this Lease. Landlord may, at its election, by giving written notice ( the " Recapture Notice") to Tenant within 15 days after receipt of Tenant' s notice of a Permitted Transfer, notify Tenant that Landlord elects to recapture the Premises and terminate this Lease . Ten days after the giving of the Recapture Notice, this Lease shall automatically be deemed terminated, and Tenant shall surrender possession of the Premises as of such date, unless Tenant shall elect to withdraw its request for a Transfer within such ten day period. Landlord shall be entitled to receive, as Additional Rent, 50% of any rent or other consideration received by Tenant ( as and when received) in connectio n with any Transfer ( other than a Permitted Transfer) which is in excess of the monthly Basic Monthly Re nt payable hereunder, less Tenant' s third party costs actually incurred in connection therewith .
25.2. Tenant' s written notice of any Transfer, whether or not such Transfer requires Landlord' s consent, shall include Tenant' s certification that the Proposed Transferee can, does, and as of the Transfer, will make the representa tions and warranties set forth in Paragraph 35, below.
25.3. Tenant shall have the right to assign or sublet the Lease and/ or Premises to a Permitted Transferee defined below) without the Landlord’ s consent ( each, a " Permitted Transfer"), but subject to compliance with all other provisions of Paragraph 25. The term " Permitted Transferee" shall mean any successor entity by merger, consolidation, reorganization, or the sale of all or substantially all of Tenant' s equitable interests and/ or assets, or any entity controlling, controlled by, or under common control with Tenant, provided that the Permitted Transferee has a tangible net worth ( determined in accordance with GAAP) equal to or greater than the Tenant as of the Effective Date of this Lease, or the date of the proposed Transfer, whichever is greater.
26. Default. The occurrence of any of the following shall constitute a material default and breach of this Lease by Tenant: ( i) the abandonment ( as defined in California Civil Code Section 1951. 35) of the Premises by Tenant; ( ii) Tenant' s failure to make any payment of Rent as and when due; ( iii) Tenant' s failure to observe or perform any of the provisions of this Lease to be observed or performed by Tenant, other than described in clauses ( i) or (ii) of this Paragraph, where such failure shall continue for a period of ten days after written notice of such failure from Landlord to Tenant; provided, however, that any such notic e shall be in lieu of, and not in addition to, any notice required under applicable unlawful deta iner statutes; and provided further, however, that if the nature of Tenant' s non- monetary default is such that more than ten days are required for its cure, then Tenant shall not be deemed to be in default if Tenant commenced such cure within such ten- day period and thereafter diligently prosecutes such cure to completion within 30 days after Landlord ' s written notice or within such reasonable time as shall be agreed upon in writing by the parties; ( iv) the admission by Tenant, in writing or by action, of its inability or intention not to comply with its obligations under this Lease, or the making by Tenant of any general arrangement or assignment for the benefit of creditors , or Tenant' s ( or, if Tenant is a partnership or consists of more than one person or entity, any partners of the partnership or any such Docusign Envelope ID: 9F8B496A- 4FED- 8AB5-8236-2D2140ACB8EF
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
17 Lease ( ORBP) - City of Chula Vista 4903- 8487-5465 v.8.docx other person or entity) becoming bankrupt, insolvent or a " debtor" as defined in 11 U.S.C. Section 101, or any successor statute; and/ or (v) the occurrence of any of the events described in clause ( iv) above as to or affecting any Guarantor of this Lease, or if Guarantor is an entity, the dissolution or cessation of existence of such Guarantor .
27. Landlord' s Remedies. Upon the occurrence of a default or breach by Tenant under this Lease, Landlord shall have the right ( in addition to all other rights and remedies available at law or in equity) to :
27.1. exercise the remedy described in California Civil Code Section 1951. 4 ( or any successor statute) ( i.e.
Landlord may continue this Lease in effect after Tenant' s breach and abandonment and recover rent as it becomes due, if Tenant has the right to sublet or assign, subject only to reasonable limitations as described in this Lease). Landlord shall not be liable in any way whatsoever for its failure or refusal to relet the Premises . No acts of maintenance or preservation or efforts to relet the Premises, nor the appointment of any receiver to protect Landlord’ s interest under this Lease or in the Premises shall constitute termination of Tenant’ s right to possession of the Premises;
27.2. by written notice, terminate this Lease ( and no action by Landlord other than a written notice specifically indicating that this Lease is being terminated by Landlord shall constitute a termination of this Lease) and recover from the Tenant all amounts provided for under California Civil Code Section 1951. 2 (or any successor statute) including, wit hout limitation, ( i) the Worth at the Time of Award ( as defined below) of the unpaid Rent which had been earned at the time of termination; ( ii) the Worth at the Time of Award of the amount by which the unpaid Rent that would have been earned after termination until the time of award exceeds the amount of such Rent loss that Tenant affirmatively proves could have been reasonably avoided using commercially reasonable efforts and any amounts actually received during such period from others to whom the Premises may be rented; ( iii) the Worth at the Time of Award of the amount by which the unpaid Rent for the balance of the Term after the time of award exceeds the amount of such Rent loss that Tenant affirmatively proves could be reasonably avoided using commercially reasonable efforts; and ( iv) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant’ s failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom, including, but not limi ted to: (A) any costs or expenses incurred by Landlord ( 1) in retaking possession of the Premises; ( 2) in maintaining, repairing, preserving, restoring, replacing, cleaning, altering, remodeling or rehabilit ating the Premises or any affected portions of the Building or the Project, including such actions undertaken in connection with the reletting or attempted reletting of the Premises to a new tenant or tenants; ( 3) for leasing commissions, advertising costs and other expenses of reletting the Premises; or (4) in carrying the Premises, including taxes, insurance premiums, utilities and security costs; ( B) any unearned brokerage commissions paid in connection with this Lease; ( C) reimbursement of any previously - waived or abated Base Rent or Rent or any free rent or reduced rent granted hereunder; and ( D) any concession made or paid by Landlord for the benefit of Tenant including, but not limited to, any other allowances, contributions, payments or loans by Landlord for tenant improvements, alterations, or build- out allowances or abated rent. For purposes hereof, the “ Worth at the Time of Award” as to the amounts referred to in clauses ( i) and ( ii) above shall be computed by allowing interest on the amounts so determined at the Default Rate ( as defined below). For purposes of clause ( iii), above, the Worth at the Time of Award shall be computed by discounting the amount determined pursuant to such section to present worth at a discount rate equal to one percentage point above the discount rate then in effect at the Federal Reserve Bank of San Fra ncisco; or
27.3. without any obligation to do so, elect to cure the default on behalf of Tenant, in which event Tenant shall reimburse Landlord upon demand for any actual sums paid or costs incurred by Landlord in curing the default ( plus a supervisory fee of 10% of such sum subject to Landlord’ s written confirmation to Tenant that such supervisory fee was actually incurred) with interest thereon at the Default Rate, which sums and costs shall be deemed Rent . Landlord shall not be liable or responsible for any loss or damage thereby sustained by Tenant or anyone holding under or through Tenant .
The rights of Landlord hereunder may be exercised individually or in combination and are not exclusive of any other rights or remedies which Landlord may exercise at law or in equity. All costs and expenses incurred by Landlord in connection with collecting any amounts and damages owing by Tenant pursuant to the provisions of this Lease, or to enforce any provision of this Lease, including reasonable attorneys' fees, whether or not any action is commenced by Landlord, shall be paid by Tenant to Landlord upon demand. No delay or omission in the exercise of any right or remedy of Landlord in the event of any default by Tenant shall impair such right or remedy or be construed as a waiver . Any waiver by Landlord of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Lease . The receipt and acceptance by Landlord of delinquent rent shall not constitute a waiver of any default other than the particular Rent payment accepted. No act or conduct of Landlord, including, without limitation, the acceptance of the keys to the Premises, shall constitute an ac ceptance by Landlord of the surrender of the Premises by Tenant before the Expiration Date . Tenant represents and warrants that if Tenant breaches this Lease and, as a result, this Lease is terminated, Tenant will not suffer any undue hardship as a result of such Docusign Envelope ID: 9F8B496A- 4FED- 8AB5-8236-2D2140ACB8EF
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18 Lease ( ORBP) - City of Chula Vista 4903- 8487-5465 v.8.docx termination and, during the Term, will make such alternative or other contingency plans to provide for its vacation of the Premises and relocation in the event of such termination. Tenant acknowledges that Tenant' s waivers, if any, set forth in this Paragraph are a material part of the consideration for Landlord' s entering into this Lease and that Landlord would not have entered into this Lease in the absence of such waivers.
28. Late Charges. In addition to Landlord' s other rights hereunder, if any amount due from Tenant is not received by Landlord within ten days of its due date, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord an additional sum of 10% of such overdue amount as a late charge. Such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment by Tenant, and therefore this Paragraph is reasonable under the circumstances existing at the time this Lease is made. Acceptance of such late charge by Landlord shall not constitute a waiver of Tenant' s default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease. In addition to the late charge payable by Tenant, as provided above, if any such amount is not paid within 30 days of the date such amount was due, then Tenant shall promptly pay to Landlord interest on such overdue amount at the rate of 10% per annum ( the " Default Rate"), which interest payment will not cure such default.
29. Estoppel Certificates. Within fifteen business days after notice from Landlord, Tenant shall execute and deliver to Landlord ( and any third party designated by Landlord), in recordable form, an estoppel certificate in form and content satisfactory to Landlord a certificate stating ( i) that this Lease is unmodified and in full force and effect, or in full force and effect as modified, and stating all modifications, ( ii) the then- current Basic Monthly Rent and Additional Rent, ( iii) the dates to which Basic Monthly Rent has been paid in advance, ( iv) the amount of any security deposit, prepaid rent or other payment constitut ing Rent which has been paid, ( v) whether or not Tenant or Landlord is in default under this Lease, ( vi) whether or not Tenant has any claims against Landlord, and if there are any claims, specifying the nature of such claims, ( vii) that any Landlord' s work required by this Lease is complete ( or stating any exceptions) and ( viii) such other matters as Landlord may reasonably request.
Tenant' s failure to deliver such certificate within such fifteen business day period shall be conclusive upon Tenant for the benefit of Landlord, and any lender or successor in interest to Landlord, that, except as may be represented by Landlord, this Lease is unmodified and in full force and effect, no Rent has been paid more than 30 days in advance, neither Tenant nor Landlord is in default under this Lease, Tenant has no claims against Landlord, and that all of Landlord' s Work, if any, required by this Lease is complete.
30. Limitations on Landlord' s Liability. If Landlord is in default of this Lease, and as a consequence Tenant recovers a money judgment against Landlord, such judgment shall be satisfied only out of the proceeds of sale received upon execution of such judgment and levy against the right, title, and interest of Landlord in the Building, and out of rent or other income from the Building receivable by Landlord or out of the consideration received by Landlord from the sale or other disposition of all or any part of Landlord' s right, title, and interest in the Building. Neither Landlord nor the partners comprising Landlord ( if any), nor any other Project owners, shall be personally liable for any deficiency. If Landlord sells or transfers any portion of the Premises, Landlord, on consummation of the sale or transfer, shall be released from any liability thereafter accruing under this Lease . If any security deposit or prepaid rent has been paid by Tenant, Landlord may transfer the security deposit and/ or prepaid rent to Landlord' s successor- in-interest and on such transfer Landlord shall be discharged from any further liability arising from the security deposit or prepaid rent.
31. Reserved Rights. Tenant acknowledges and agrees that Landlord or Project owners may, from time to time, at their respective sole election, construct ( including, without limitation, additional buildings, in such party' s discretion), reconstruct including without limitation the replacement of certain improvements with other improvements), improve ( including tenant improvements), modify, expand, merge or adjust lots, rearrange phases, or otherwise alter the Building and/ or the Project collectively, " Construction Work"), or portions thereof ( in no event however will Landlord or Project owners have any obligation to do so). Upon completion of any such Construction Work, the term " Building" shall automatically be deemed to mean the Building as modified, expanded, improved or otherwise altered by such Construction Work, and the term " Project" shall automatically be deemed to mean the Project as modified, expanded, improved or otherwise altered by such Construction Work.
Tenant acknowledges that any such Construction Work will necessarily involve, among other things, the generation of noise, dust, and vibrations, barricading portions of the Building and/ or the Project and the placement of scaffolding within or about the Building and/ or the Project, demolition, structural alterations, storage of materials and equipment within and about the Building and/ or the Project, and the presence of workmen within and about the Building and/ or the Project, all of which may require the rearrangement of the Common Areas, including, without limitation, landscaping, parking areas ( which may include the provision of temporary parking areas during periods of construction), roadways, lighting facilitie s, and the re- direction of vehicular and pedestrian traffic. Further, Landlord hereby reserves such licenses and easements in, on, above or below the Premises as may be reasonably required ( i) for the installation, inspection, surveying, maintenance, or construction of mains, conduits, shafts, columns, Docusign Envelope ID: 9F8B496A- 4FED- 8AB5-8236-2D2140ACB8EF
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19 Lease ( ORBP) - City of Chula Vista 4903- 8487-5465 v.8.docx footings, piers, pipes or other facilities to serve any building within the Project, or (ii) for any Construction Work; provi ded, however, Landlord will use its good faith efforts to minimize any unreasonable interference with Tenant' s use, occupancy, or enjoyment of the Premises as contemplated by this Lease. Landlord hereby reserves for itself and its agents, employees, licens ees and contractors, the right to enter the Premises to the extent reasonably necessary to pursue such Construction Work upon 24 hours' prior notice to Tenant. The exercise of any of Landlord' s rights pursuant to this Paragraph will not entitle Tenant to any abatement of Rent or other claim, right of offset, or defense against Landlord, except that if such Construction Work results in Tenant being unable to access the Premises for the Permitted Use for a period of greater than five business days, Tenant shall be entitled to equitable abatement of the Rent for such period of time during which it is unable to access the Premises .
32. Attorneys' Fees. In the event any litigation, arbitration, mediation, or other proceeding (" Proceeding") is initiated by any party against any other party to enforce, interpret or otherwise obtain judicial or quasi -judicial relief in connection with this Lease, the prevailing party in such Proceeding shall be entitled to recover from the unsuccessful party all costs, expenses, and actual attorneys' fees relating to or arising out of such Proceeding ( whether or not such Proceeding proceeds to judgment), and any post- judgment or post- award proceeding including, without limitation, one to enforce any judgment or award resulting from any such Proceeding. Any such judgment or award shall contain a specific provision for the recovery of all such subsequently incurred costs, expenses, and actual attorneys' fees.
33. Extension Option.
33.1. Tenant shall have, subject to all of the provisions of this Paragraph, five options to extend the Term each, an " Option to Extend" and, together, the " Options to Extend") for one year each ( collectively, to the extent Tenant properly exercises such options, the " Extension Term"), provided ( i) Tenant is in occupancy of the Premises at the time of exercise of the Option to Extend, and ( ii) Tenant gives Landlord written notice of its election to exercise the Option to Extend no less than 6 months and no more than 15 months prior to the then scheduled Expiration Date. Such notice will constitute Tenant' s irrevocable election to extend the Term and may not subsequently be revoked by Tenant. Time is of the essence with respect to the timing of such requirement to give notice to Landlord. Once the Option to Extend has been timely and duly exercised by Tenant, the Term" shall mean the term of the Lease as extended. The Option to Extend is personal to the Tenant originally named in the Lease and may not be exercised by any assignee or subtenant other than a Permitted Transferee. Tenant shall not have the right to exercise the Option to Extend, notwithstanding anything set forth above to the contrary: ( a) during any period of time commencing from the date Landlord gives written notice to Tenant that Tenant is in default under any provision of the Lease, and continuing until the default alleged in said notice is cured; or (b) in the event that Landlord has given to Tenant three or more notices of default or two or more late charges have become payable under the Lease during the twelve -month period prior to the time that Tenant intends to exercise the Option to Extend. The period of time within which the Option to Extend may be exercised shall not be extended or enlarged by reason of Tenant' s inability to exercise such Option to Extend because of the foregoing provisions of this Paragraph, even if the effect thereof is to eliminate Tenant' s right to exercise such Option to Extend.
33.2. If Tenant properly exercises an Option to Extend, the Basic Monthly Rent shall be corresponding amount set forth in Paragraph 6, above.
34. CASP Disclosure. Tenant is hereby advised that the Premises have not undergone inspection by a Certified Access Specialist (" CASp"). Further, in accordance with California Civil Code Section 1938( e), Tenant is advised as follows:
A Certified Access Specialist ( CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction- related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction- related accessibility standards within the premises.
35. OFAC. Each party to this Lease hereby represents and warrants that:
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35.1. The Office of Foreign Assets Control of the United States Department of the Treasury (" OFAC") has not listed such party of any of such party' s affiliates, or any person that controls, is controlled by, or is under common control with such party, on its list of Specially Designated Nations and Blocked Persons; and
35.2. It is not acting, directly or indirectly, for or on behalf of any person, group, entity or nation named by any Executive Order, the United States Treasury Department, or United States Office of Homeland Security as a terrorist, Spec ially Designated National and Blocked Person, or other banned or blocked person, entity, nation or pursuant to any law, order, rule or regulation that is enforced or administered by the OFAC.
36. Brokers. Tenant represents that no real estate broker, agent, finder, or other person is responsible for bringing about or negotiating this Lease other than the Tenant' s Broker, if any, listed in the Principal Lease Provisions, and Tenant has not dealt with any other real estate broker, agent, finder, or other person, relative to this Lease in any manner. Tenant hereby agrees to indemnify, defend, and hold Landlord and Landlord' s Indemnitees harmless from and against all liabilities, damages, losses, costs, expenses, attorneys' fees and claims arising from any claims that may be made against Landlord or Landlord' s Indemnitees by any real estate broker, agent, finder, or other person ( other than as set forth above), alleging to have acted on behalf of or to have dealt with Tenant. Landlord shall be responsible, upon satisfaction of the requirements of a separate written listing agreement between Landlord and Landlord' s Broker, for the payment of the commission due and owing to Landlord' s Broker identified in the Principal Lease Provisions ( or any other brokers engaged by Landlord), pursuant to such separate written agreement betwee n Landlord and Landlord' s Broker. Landlord shall also be responsible, upon satisfaction of the requirements of a separate written listing agreement between Landlord and Tenant' s Broker, for the payment of the commission due and owing to Tenant' s Broker pursuant to such separate written agreement between Landlord and Tenant' s Broker.
37. Reserved.
38. Tenant Financial Statements Following a Transfer. In the event Tenant assigns this Lease, any assignee of this Lease shall, within ten days of written request, Tenant shall promptly furnish to Landlord, from time to time, financial statements certified by Tenant to be true and correct, reflecting Tenant' s then current financial condition. Such financial statements shall include a current balance sheet and a profit and loss statement covering the most recent 12 -month period available. In addition, upon Landlord' s written request, Tenant shall allow Landlord, or a certified public accountant of Landlord ' s choosing, to determine Tenant' s current financial condition by reviewing Tenant' s current financial books, records, and accounts. Landlord will hold said information confidential, except as may be required by any court or authority of competent jurisdiction or whi ch information is already in the public domain, or except for the disclosure of such information to any prospective buyers and lenders or the advisers and professionals of Landlord or such prospective buyers and lenders. The individuals executing this Lease on Tenant' s behalf represent and warrant that the financial statements and other information submitted to Landlord by Tenant relating to Tenant prior to the execution hereof are true, complete, and accurate, were prepared in accordance with generally accepted cash accounting principles applied on a consistent basis, and accurately reflect Tenant ' s ( and, if applicable, each guarantor' s) net worth as of the effective date of this Lease.
39. Reserved.
40. Miscellaneous.
40.1. This Lease shall be governed by and construed in accordance with the laws of the State of California.
For purposes of venue and jurisdiction, this Lease shall be deemed made and to be performed in the City of Chula Vista, California.
40.2. This Lease may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one document. The parties hereto agree that this Lease may be electronically signed, and that any electronic signature appearing on this Lease is the same as a handwritten signature for the purposes of validity, enforceability and admissibility. In place of the transmittal of an original document, such executed counterpart may be transmitted to the other parties by any electronic document or portable document format ( PDF) and such electronic or PDF document shall have the full force and effect of an original document. All fully executed counterparts, whether original documents, electronic or PDF documents or a combination thereof, shall be construed together and shall constitute one and the same Lease .
40.3. Whenever the context so requires, all words used in the singular shall be construed to have been used in the plural ( and vice versa), each gender shall be construed to include any other genders, and the word " person" shall be Docusign Envelope ID: 9F8B496A- 4FED- 8AB5-8236-2D2140ACB8EF
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21 Lease ( ORBP) - City of Chula Vista 4903- 8487-5465 v.8.docx construed to include a natural person, a corporation, a limited liability company, a limited liability partnership, a firm, a partnership, a joint venture, a trust, an estate or any other entity .
40.4. Each provision of this Lease shall be valid and enforceable to the fullest extent permitted by law . If any provision of this Lease or the application of such provision to any person or circumstance shall, to any extent, be inval id or unenforceable, the remainder of this Lease, or the application of such provision to persons or circumstances other than th ose as to which it is held invalid or unenforceable, shall not be affected by such invalidity or unenforceability, unless such provi sion or such application of such provision is essential to this Lease .
40.5. This Lease, together with all Exhibits, shall become effective when it has been executed by each of Landlord and Tenant.
40.6. Subject to any restriction on transferability contained in this Lease, this Lease shall be binding upon and shall inure to the benefit of the successors- in-interest and assigns of each party to this Lease. Nothing in this Paragraph shall create any rights enforceable by any person not a party to this Lease, except for the rights of the successors - in-interest and assigns of each party to this Lease, unless such rights are expressly granted in this Lease to other specifically identified persons .
40.7. The headings of the Paragraphs of this Lease have been included only for convenience, and shall not be deemed in any manner to modify or limit any of the provisions of this Lease, or be used in any manner in the interpretatio n of this Lease.
40.8. Time and strict and punctual performance are of the essence with respect to each provision of this Lease. All references to " days" in this Lease will refer to calendar days unless such reference specifically indicates that " business days" are intended. Business days will mean and refer to all calendar days other than Saturdays, Sundays, and national or Californi a state holidays.
40.9. This Lease contains the entire agreement between Landlord and Tenant with respect to the subject matter of this Lease, is a complete and exclusive statement of the terms of such agreement, and supersedes all prior understa ndings, agreements, letters, term sheets, representations and warranties, if any, with respect to such subject matter .
40.10. All notices required or permitted to be given by Tenant and Landlord to each other shall be in writing and shall be ( i) personally delivered, ( ii) sent by U.S. certified mail, postage prepaid, return receipt requested, or (iii) sent by a nationally recognized overnight express courier service that provides written confirmation of delivery . All such notices shall be sent to the addresses of the parties set forth in the introductory Paragraph of this Lease, provided that either party shall have the right to change its notice address by sending notice of the same to the other party in accordance with this Paragraph . Each such notice or other communication shall be deemed given, delivered and received upon its actual receipt ; provided, however, if delivery is rejected or unclaimed by the addressee or undeliverable to the address provided by the addressee, then delivery shall be deemed to occur on the date of first attempted delivery on a day other than Saturday, Sunday or hol iday recognized by the State of California. Notwithstanding the foregoing, routine correspondence between Landlord and Tenant shall be deliverable by regular U.S. mail, by email, or by such other means of delivery as may become customary .
40.11. Neither Landlord nor Tenant will be liable for any failure or delay in performing an obligation under this Lease ( other than prompt and timely payments of Rent and other monetary amounts when due under this Lease ), where such failure or delay is due to any of the following causes ( which events and/ or circumstances are hereinafter referred to as " Force Majeure"), to the extent beyond its reasonable control, but only for so long as the performance of any of such obligations are prevented, delayed, or hindered by: acts of God, accident, riots, lockouts, labor disputes, war, terrorist act, epidemics, pa ndemics, quarantine, civil commotion, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, natural catastrophes, governmental acts or omissions, changes in laws or regulations, strikes, fire, explosion, gen eralized lack of availability of raw materials or energy, or other casualty or causes; provided that the parties hereby stipulate that Forc e Majeure shall not include the novel coronavirus " Covid- 19" pandemic, and any related governmental actions. For the avoidance of doubt, Force Majeure shall not include ( i) financial distress nor the inability of either party to make a profit or avoid a financial loss, ( ii) changes in the market prices or conditions, ( iii) a party' s financial inability to perform its obligations under this Lease, or iv) any governmental order requiring or advising Tenant to close or restrict operations at the Premises.
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40.12. If more than one person is Tenant, then the obligations of Tenant under this Lease shall be the joint and several obligations of each of such persons; provided, however, that any act or signature of one or more of any of such persons and any notice or refund given to or served on any one of such persons shall be fully binding on each of such persons .
40.13. If Tenant is not an individual, at Landlord ' s request, Tenant shall provide to Landlord concurrently with Tenant' s execution of this Lease a valid written resolution authorizing Tenant to enter into this Lease and authorizing the persons executing this Lease on behalf of Tenant to execute this Lease. At Landlord' s request, Tenant shall use a form of resolution provided by Landlord.
40.14. Tenant shall not conduct or permit to be conducted any liquidation sale ( e. g., a going out of business sale) or auction at the Premises.
40.15. The voluntary or other surrender of this Lease by Tenant, or a mutual cancellation of this Lease, or a termination by Landlord, shall not work a merger, and shall, at the option of Landlord, terminate any existing subleases or m ay, at the option of Landlord, operate as an assignment to Landlord of any such subleases .
40.16. All provisions, whether covenants or conditions, to be performed or observed by Tenant shall be deemed to be both covenants and conditions. All indemnity, defense, and hold harmless obligations of Tenant hereunder shall survive the termination or expiration of this Lease.
40.17. All payments to be made by Tenant to Landlord under this Lease shall be in United States currency.
SIGNATURE PAGE FOLLOWS]
Docusign Envelope ID: 9F8B496A- 4FED- 8AB5-8236-2D2140ACB8EF
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Signature Page to Standard Form Industrial Lease ( Triple Net)] 23 Lease ( ORBP) - City of Chula Vista 4903- 8487- 5465 v.8.docx LANDLORD: TENANT:
ORBPD- 24, LLC THE CITY OF CHULA VISTA, a Municipal Corporation a California limited liability company
By: Otay River Business Park Development, LLC, By:
a Delaware limited liability company
Its: Manager and Sole Member Name: Tiffany Allent
By: SDI- ORBPD, LLC, Its: City Manager
a California limited liability company
Its: Managing Member
Approved to Form:
By: By:
Name:
Its: Name: Marco A. Verdugo
Its:City Attorney
Colton T. Sudberry
President
Docusign Envelope ID: 9F8B496A- 4FED- 8AB5-8236-2D2140ACB8EF Procurement
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Docusign Envelope ID: 9F8B496A- 4FED- 8AB5-8236-2D2140ACB8EF
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
Lease ( ORBP) - City of Chula Vista 4903- 8487- 5465 v.8.docx Exhibit " A"
Site Plan of Premises
Docusign Envelope ID: 9F8B496A- 4FED- 8AB5-8236-2D2140ACB8EF
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Docusign Envelope ID: 9F8B496A- 4FED- 8AB5-8236-2D2140ACB8EF
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October 6, 2026 Post City Council Agenda
Exhibit " B"
Description of the Project
Docusign Envelope ID: 9F8B496A- 4FED- 8AB5-8236-2D2140ACB8EF
City of Chula Vista - City Council
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Exhibit B Continued from previous page]
Depiction of the Project:
Docusign Envelope ID: 9F8B496A- 4FED- 8AB5-8236-2D2140ACB8EF
City of Chula Vista - City Council
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Exhibit " C"
Reserved
Docusign Envelope ID: 9F8B496A- 4FED- 8AB5-8236-2D2140ACB8EF
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Exhibit " D"
Landlord' s Current Rules and Regulations
RULES AND REGULATIONS1
1. Tenant may not park or store vehicles, trailers or containers outside the Premises after the conclusion of normal daily business activity except in approved areas specifically designated by Landlord.
2. Tenant may not use any method of heating or air -conditioning other than that supplied by Landlord without the prior written consent of Landlord.
3. Except for dock shelters and seals as may be expressly permitted by Landlord, no awnings or other projections may be attached to the outside walls of the Building by Tenant. All window coverings and window films or coatings installed by Tenant and visible from outside of the Building require the prior written approval of Landlord .
4. Tenant shall not use, keep, discharge or permit to be used, kept or discharged any foul or noxious gases, fumes, odors or other substances in or from the Premises, or permit or suffer the Premises to be occupied or used in any manner offensive or objectionable to Landlord or other occupants of the Building by reason of such gas, fumes odors and/ or other substances, or that interfere in any way with the quiet enjoyment of other Tenants or those having business at the Project.
5. Tenant shall not permit the radiation or discharge of intense glare, heat, atomic, electromagnetic, microwave, ultrasonic, laser or other radiation, except within an area screened and enclosed in such manner as to be indiscernible from any point outside of the Premises.
6. Tenant may not use, keep or permit to be used or kept any flammable or combustible materials without proper governmental permits and approvals.
7. Tenant may not use, keep or permit to be used or kept food or other edible materials in or around the Premises in such a manner as to attract rodents, vermin or other pests. No cooking shall be done or permitted by any Tenant on the Premises, without Landlord' s prior written consent, other than in microwave ovens.
8. The Premises shall not be used for lodging or sleeping, for public assembly, or for any improper or illegal purpose.
9. Tenant will park motor vehicles only in those general parking areas as designated by Landlord except for active loading and unloading. During loading and unloading of vehicles or containers, Tenant will not unreasonably interfere with traffic flow within the Project or with the loading and unloading areas of other tenants.
10. Storage of propane tanks, whether interior or exterior, will be in secure and protected storage enclosures approved by the local fire department and, if exterior, shall be located in areas specifically designated by Landlord. Safety equipment, including eye wash stations and approved neutralizing agents, will be provided in areas used for the maintenance and charging of lead- acid batteries. Tenant will protect electrical panels and building mechanical equipment from damage from forklift trucks.
11. Tenant will not disturb, solicit or canvas any occupant of the Building or Project and will cooperate to prevent same.
12. No person may go on the roof of the Building without Landlord 's permission except to perform obligations under its lease.
13. No live animals ( other than service animals, such as seeing - eye dogs), fish or birds of any kind may be brought into or kept in or about the Project by tenants. Any service animals belonging to a Tenant must be kept on the Tenant' s Premises, and when in common areas of the Project, must remain under Tenant' s supervision and control, including being kept on a leash or other appropriate restraining device. Furthermore, Tenant shall be absolutely liable to each and all other tenants and invitees for damages or injuries caused by any animals brought or kept on the Project. Tenant shall immediately remove any excrement and clean any urine or other unsanitary conditions caused by such animals on any portion of the Project.
14. Any machinery, equipment or apparatus belonging to Tenant which causes noise or vibration that may be transmitted to other parts of the Project to such a degree as to be objectionable to Landlord or other tenants, due to intermittence, frequency, strength, shrillness or volume, or to cause harm to the Project will be placed and maintained by Tenant, at Tenant' s expense, on vibration eliminators or other devices sufficient to eliminate the transmission of such noise and vibration. Tenant will cease using any such machinery which causes objectionable noise or vibrations which cannot be sufficiently mitigated.
15. Except within the fenced in loading dock area, all goods, including material used to store goods, delivered to the Premises of Tenant will be immediately moved into the Premises and will not be left in parking or exterior loading areas overnight.
Tenant may not store or permit the storage or placement of goods or merchandise in or around the common areas surrounding the Premises. No displays or sales of merchandise are allowed in the parking lots or other common areas. 1 Any capitalized term used herein but not defined herein shall have the meaning set forth in the Lease .
Docusign Envelope ID: 9F8B496A- 4FED- 8AB5-8236-2D2140ACB8EF
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
16. Tractor trailers which must be unhooked or parked with dolly wheels beyond the concrete loading areas must use steel plates or wood blocks of sufficient size to prevent damage to the asphalt paving surfaces . No parking or storing of such trailers will be permitted in the auto parking areas of the industrial park or on streets adjacent thereto.
17. Forklifts which operate on asphalt paving areas may not have solid rubber tires and may use only tires that do not damage the asphalt.
18. Tenant will be responsible for the safe storage and removal of all pallets. Pallets will be stored behind screened enclosures at locations approved by the Landlord.
19. Tenant will be responsible for the safe storage and removal of all trash and refuse . All such trash and refuse will be contained in suitable receptacles stored behind screened enclosures at locations approved by Landlord . Landlord reserves the right to remove, at Tenant' s expense and without further notice, any trash or refuse left elsewhere outside of the Premises or on the Project.
20. Tenant will appoint an emergency coordinator who shall be responsible for assuring notification of the local fire department in the event of an emergency, assuring that sprinkler valves are kept open and implementing the Factory Mutual " Red Tag Alert" system including weekly visual inspection of all sprinkler system valves on or within the Premises. Tenant will provide Landlord access to fire protection and any related communications equipment in the Premises at all times.
21. Smoking or carrying lighted cigars, e- cigarettes, vaping pipes, or cigarettes is prohibited throughout the Premises and Project except in areas designated by Landlord from time to time.
22. Tenant shall see that the doors of the Premises and Project are closed and securely locked before leaving and must observe strict care and caution that all water apparatus are entirely shut off before Tenant or Tenant 's employees leave the Premises, and that all electricity, gas or air shall likewise be carefully shut off, so as to prevent waste or damage.
23. Tenant will direct electricians as to where and how telephone and electric wires are to be introduced. No boring or cutting for wires will be allowed without the consent of the Landlord. The locations of telephones, call boxes and other office equipment affixed to the Premises shall be subject to the approval of Landlord.
24. Landlord reserves the right to refuse access to any persons Landlord in good faith judges to be a threat to the health, safety, well- being or reputation of the Project or its occupants.
25. Tenant shall be responsible for the inappropriate use of any toilet rooms, plumbing or other utilities . No foreign substances of any kind are to be inserted therein.
26. Tenant shall not deface the walls, partitions or other surfaces of the Premises.
27. Tenant shall not employ any service or contractor for services or work to be performed in the Building, except as approved by Landlord.
28. Tenant shall not install, maintain or operate any vending machines upon the Premises without Landlord' s written consent.
29. Landlord reserves the right to waive any one or more of these rules or regulations as to any particular Tenant , and any such waiver shall not constitute a waiver of any other rule or regulation or any subsequent application thereof to such Tenant or other tenant.
30. Tenant assumes all risks from theft or vandalism and agrees to keep its Premises locked as may be required.
31. Landlord reserves the right to make such other reasonable rules and regulations as it may from time to time deem necessary for the appropriate operation and safety of the Project and its occupants . Tenant agrees to abide by these and such rules and regulations upon receipt thereof.
Docusign Envelope ID: 9F8B496A- 4FED- 8AB5-8236-2D2140ACB8EF
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
Exhibit " E"
Environmental Questionnaire
ENVIRONMENTAL QUESTIONNAIRE
FOR COMMERCIAL AND INDUSTRIAL PROPERTIES
Property Address: 2855 Faivre Street, Suites #110 and 120, Chula Vista CA 91911 Instructions: The following questionnaire is to be completed by the Tenant representative with knowledge of the planned operations for the specified building/location. Please print clearly and attach additional sheets, as necessary.
1.0 PROCESS INFORMATION
Describe planned use and include brief description of manufacturing processes employed.
2.0 HAZARDOUS MATERIALS
Are hazardous materials used, generated, treated, stored, transferred, or disposed? Yes___ No ____ If yes, continue with the next question. If not, go to Section 3.0.
2.1 Are any of the following materials handled on the Property? Yes___ No ___ A material is handled if it is used, generated, processed, produced, packaged, treated, stored, emitted, discharged, or disposed.) If so, complete this section. If this question is not applicable, skip this section and go on to Section 5.0.
Explosives Fuels Oils
Solvents Oxidizers Organics/Inorganics
Acids Bases Pesticides
Gases PCBs Radioactive Materials
Other (please specify)
2-2. If any of the groups of materials checked in Section 2.1, please list the specific material(s), use(s), and quantity of each chemical used or stored on the site in the Table below . If convenient, you may substitute a chemical inventory and list the uses of each of the chemicals in each category separately.
Material Physical State (Solid, Liquid, or Gas) Usage Container Size Number of Containers Total Quantity 2-3. Describe the planned storage area location(s) for these materials . Please include site maps and drawings as appropriate.
2-4. Does the operation of your business require permits, a license, or plan approval from any of the following agencies?
U.S. Environmental Protection Agency
City or County Sanitation District
State Department of Health Services
U.S. Nuclear Regulatory Commission
Air Quality Management District
Docusign Envelope ID: 9F8B496A- 4FED- 8AB5-8236-2D2140ACB8EF
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
Bureau of Alcohol, Firearms and Tobacco
City or County Fire Department
Regional Water Quality Control Board
Any Laboratory Certification Agency (Indicate permit or license numbers, issuing agency, and expiration date or renewal date, if applicable.)
3.0 HAZARDOUS WASTES
Are hazardous wastes generated on site? Yes___ No_____ If yes, continue with the next question. If not, skip this section and go to Section 4.0.
3-1. Are any of the following wastes generated, handled, or disposed of (where applicable) on the Property? Hazardous wastes Industrial Wastewater
Waste oils PCBs
Air emissions Sludges
Regulated Wastes Other (please specify)
3-2. List and quantify the materials identified in Question 3-1 of this section.
WASTE
GENERATED
RCRA listed
Waste? SOURCE
APPROXIMATE
MONTHLY QUANTITY
WASTE
CHARACTERIZATION DISPOSITION
3-3. Please include name, location, and permit number (e.g., EPA ID No.) for transporter and disposal facility, if applicable). Attach separate pages, as necessary.
Transporter/ Disposal Facility Name Facility Location Transporter ( T) or Disposal ( D) Facility Permit Number 3-4. Are pollution controls or monitoring employed in the process to prevent or minimize the release of wastes into the environment? Yes___ No___
3-5. If so, please describe.
4.0 USTS/ASTS
4-1. Are underground storage tanks (USTs), aboveground storage tanks (ASTs), or associated pipelines used for the storage of petroleum products, chemicals, or liquid wastes present on site (lease renewals) or required for planned operations (new tenants)? Yes___ No___
If not, continue with Section 5.0. If yes, please describe capacity, contents, age, type of the USTs or ASTs, as well any associated leak detection/spill prevention measures. Please attach additional pages if necessary.
Capacity Contents
Year
Installed
Type (Steel,
Fiberglass, etc.)
Associated Leak Detection / Spill
Prevention Measures*
Docusign Envelope ID: 9F8B496A- 4FED- 8AB5-8236-2D2140ACB8EF
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
Capacity Contents
Year
Installed
Type (Steel,
Fiberglass, etc.)
Associated Leak Detection / Spill
Prevention Measures*
Note: The following are examples of leak detection / spill prevention measures:
Integrity testing Inventory reconciliation Leak detection system Overfill spill protection Secondary containment Cathodic protection 4-2. Please provide copies of written tank integrity test results and/or monitoring documentation, if available. 4-3. Is the UST/AST registered and permitted with the appropriate regulatory agencies? Yes___ No___ If so, please attach a copy of the required permits.
4-4. If this Questionnaire is being completed for a lease renewal, and if any of the USTs/ASTs have leaked, please state the substance released, the media(s) impacted (e.g., soil, water, asphalt, etc.), the actions taken, and all remedial responses to the incident.
4-5. If this Questionnaire is being completed for a lease renewal, have USTs/ASTs been removed from the Property? Yes___ No___
If yes, please provide any official closure letters or reports and supporting documentation ( e.g., analytical test results, remediation report results, etc.).
4-6. For Lease renewals, are there any above or below ground pipelines on site used to transfer chemicals or wastes? Yes___ No___
For new tenants, are installations of this type required for the planned operations? Yes___ No___ If yes to either question, please describe.
5.0 ASBESTOS CONTAINING BUILDING MATERIALS
Please be advised that an asbestos survey may have been performed at the Property . If provided, please review the information that identifies the locations of known asbestos containing material or presumed asbestos containing material. All personnel and appropriate subcontractors should be notified of the presence of these materials, and informed not to disturb these materials. Any activity that involves the disturbance or removal of these materials must be done by an appropriately trained individual/contractor.
6.0 REGULATORY
6-1. Does the operation have or require a National Pollutant Discharge Elimination System (NPDES) or equivalent permit? Yes___ No___
If so, please attach a copy of this permit.
6-2. Has a Hazardous Materials Business Plan been developed for the site? Yes___ No___ If so, please attach a copy.
6-3. Has an environmental audit ever been conducted at any of your company's existing facilities? Yes __No __ If yes, please describe:
6-4. Does your company carry environmental impairment insurance? Yes ___ No ___. If yes, what is the name of the carrier and what are the effective periods and monetary limits of that coverage? Docusign Envelope ID: 9F8B496A- 4FED- 8AB5-8236-2D2140ACB8EF
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
CERTIFICATION
I am familiar with the real property described in this questionnaire . By signing below, I represent and warrant that the answers to the above questions are complete and accurate to the best of my knowledge. I also understand that Landlord will rely on the completeness and accuracy of my answers in assessing any environmental liability risks associated with the property.
TENANT]
Signature:
Name:
Title:
Date:
Telephone:
Docusign Envelope ID: 9F8B496A- 4FED- 8AB5-8236-2D2140ACB8EF
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
Item 8.4
Lease Agreement at Otay River
Business Park for Police
Department Vehicle Storage
Prepared by
Scott Dickson, Real Property Manager &
Lt. Rusty Rea, Police Department
Prepared for
Chula Vista City Council
September 22, 2026
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
2 50-80
Vehicles typically being
held as evidence by the
police department.
15-25
PD employee parking
spaces typically occupied
by evidence vehicles.
17 Years in storage for the
longest held vehicle.
Current Storage Situation
.
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
4 Secure Storage &
Increased Parking
75%
Sed ut
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
6 Key Lease Terms
• 16,900 Square Feet
• 63-month initial lease term
• Year 1 monthly rent- $29,575 ($354,900 annually)
• 3 Months Free Rent ($88,725)
• 3% Annual Rent Increase during initial lease term
• Five 1-year lease extensions, 5% annual increases
• City responsible for separate utilities, janitorial and interior maintenance
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda
8 Adopt a resolution and approve a lease agreement
between the City of Chula Vista and ORPD-1, LLC
at 2890 Faivre Street
Staff Recommendation:
City of Chula Vista
City of Chula Vista - City Council
October 6, 2026 Post City Council Agenda