RESOLUTION NO. ___-24
RESOLUTION APPROVING LEASE AGREEMENTS WITH THE
CHALDEAN COMMUNITY COUNCIL TO OPERATE
A SOCIAL SERVICE OPERATION AND A
SMALL BUSINESS INCUBATOR PROGRAM AT
405 EAST LEXINGTON AVENUE
WHEREAS, on January 23, 2024, the City Council authorized the purchase of 405 East Lexington Avenue (the "Property") with approximately $2.5 million in American Rescue Plan Act ("ARPA") funds for the purpose of leasing it to the Chaldean Community Council ("CCC"), the existing tenant, in order to provide social services to residents of the City of El Cajon (the "City") and for the operation of a small business incubator program (the "Program"); and
WHEREAS, the City acquired the Property on January 31, 2024; and
WHEREAS, for the past seven (7) years, CCC has been providing assistance to the local community, primarily recent immigrants to the United States, with basic social services; and
WHEREAS, staff has prepared two (2) lease agreements with CCC: one to provide social services out of the first floor of the Property , and a second solely for operation of the Program out of the second floor of the Property; and
WHEREAS, the lease agreement for social services (the "Social Services Lease") leases to CCC the entire first floor office spaces of the Property, consisting of 4,155 square feet to provide social services to residents of the City and to support the CCC’s operations, including a rad io studio, for a term of five (5) years, at a cost of $1.00 per year; and
WHEREAS, the Social Services Lease requires CCC to: (1) maintain a $25,000 security deposit with the City; (2) remain responsible for basic repairs and maintenance of the building and exterior of the property, not including the structural and mechanical systems (foundation, exterior walls, roof, heating, air conditioning, electrical, and plumbing), which will be maintained by the City; (3) maintain the pr operty as a smoke - free premises; (4) pay up to sixty percent (60%) of the utilities and maintain those utilities in the CCC’s name; (5) provide various insurance policies ; and (6) assume any possessory interest tax liability; and
WHEREAS, in October 2023, the City issued Request for Proposals No. 023 -24 for Small Business Incubator Operator Services (the "RFP"), and CCC submitted the sole response; and
WHEREAS, on December 12, 2023, City Coun cil reviewed the RFP response , directed staff to negotiate a lease agreement with the CCC to operate the Program; and
WHEREAS, the Program Lease is similar to the Social Services Lease; however, there is no annual lease payment and n o utility payment requirement, but contains CCC obligations under the Program to provide reporting requirements including quarterly written reports and an annual report before the City Council, providing the following information: (1) businesses that have applied to participate in the incubator program (name, t ype, ownership, location, etc.); (2) businesses accepted to participate in the incubator program (name, type, ownership, location, etc.); (3) detail of services provided to each business; (4) businesses "graduating" from the incubator program (name, t ype, ownership, location, etc.); (5) tracking of business success post-graduation for three years; and (6) outreach activities aimed at promoting diver sity, equity, and inclusion of businesses participating in the incubator program; and
WHEREAS, the Program further requires that a minimum of seventy-five percent (75%) of the participating businesses are City-based businesses; there are no conflicts of interest in terms of ownership by CCC board members ; and that an effort is made in ensuring the Program is marketed to a diverse population of residents in the City; and
WHEREAS, the Program Lease is conditioned on CCC’s continued compliance with the Program, meaning that if there is a material breach of the Program by CCC, such an event constitutes a material breach on the part of the tenant under the Program Lease; similarly, if there is a material breach of the Program Lease by the tenant, such an event constitutes a material breach on the part of CCC under the Program; and
WHEREAS, the leasing of an existing publically owned building for social services and business incubator program is exempt from the California Environmental Quality Act ("CEQA") pursuant to State CEQA Guidelines section 15301.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL CAJON AS FOLLOWS:
1. The above recitals are true and correct, and are the findings of the City Council.
2. The lease of an existing publically owned building for social services and business incubator program is exempt from CEQA.
3. The City Manager is hereby authorized to execute the Social Services Lease and the Program Lease on behalf of the City of El Cajon.
04/23/24 CC Agenda
Reso – Chaldean Community Council Lease of 405 E Lexington 041824 The Valley of Opportunity
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CITY OF EL CAJON
LEASE
BY AND BETWEEN
THE CITY OF EL CAJON,
A CALIFORNIA CHARTER CITY AND MUNICIPAL CORPORATION
AND
THE CHALDEAN COMMUNITY CENTER
A CALIFORNIA NONPROFIT PUBLIC BENEFIT CORPORATION
FOR SOCIAL SERVICES
CITY OF EL CAJON COMM ERCIAL LEASE AGREEMENT
(405 East Lexington Ave, El Cajon, California 92020)
This lease (the "Lease"), made and entered into this __ day of ______ , 2024, by and between the CITY OF EL CAJON (the "CITY"), a California charter city and municipal corporation duly organized and existing pursuant to the laws of the State of California, as LESSOR, and THE CHALDEAN COMMUNITY CENTER, a California nonprofit public benefit corporation as LESSEE whereby the parties hereto agree as follows:
RECITALS
A. This Lease shall be administered on behalf of the CITY by its City Manager and on Behalf of the LESSEE by its ______ _
B. CITY is the owner of that certain real property, including all improvements therein or to be provided by the CITY under terms of this Lease, commonly known by the street address of 405 East Lexington Ave, El Cajon, California 92020, which is more particularly described in Exhibit "A" (the "Property"). The property includes land, building, and fixtures , as more fully set in Exhibit "A" to this Lease. Said real property is leased on the terms and conditions hereinafter set forth.
FOR VALUABLE CONSIDERATION , the parties agree as follows:
1. Premises. CITY hereby leases to LESSEE and LESSEE hereby leases from CITY the entirety of the first floor and areas of the second floor as identified as Suites for a total of approximately 4,155 square feet and the non-exclusive right to parking lot, including up to 60 percent of the parking spaces, and other common areas, (the "Premises"), under the terms and conditions of this Lease. LESSEE acknowledges and agrees that the square footage figures set forth in this Lease are reasonable approximations for reference only and shall not be subject to revision except with an actual physical change in the Premises. This Lease shall not create any agency, joint venture, or other relationship between the CITY and LESSEE other than that of landlord and tenant.
2. Uses. LESSEE shall use the Premises solely to provide services to the CITY by providing social services to El Cajon residents, but for no other purposes (the "Allowed Uses").
LESSEE shall not use or permit the use of the Premises in a manner that is unlawful, creates damage , waste or a nuisance, or that disturbs occupants of or causes damage to neighboring premises or properties. Other than guide, signal and seeing-eye dogs, LESSEE shall not keep or allow in the Premises any pets, animals, birds, fish, or reptiles. The CITY shall not unreasonably withhold or delay its consent to any written request for a modification of the Agreed Use, so long as the same will not impair the structural integrity of the building on the Property or the mechanical or electrical systems therein, and/or is not significantly more burdensome . If the CITY elects to withhold consent, The CITY shall within 7 days after such request give written notification of same, which notice shall include an explanation of the CITY'S objections to the change in the Agreed Use. LESSEE shall have the right to use and access the Premises and the parking areas serving the Property twenty-four (24) hours per day, seven (7) days per week, subject to compliance with CITY's reasonable security rules and regulations.
3. City Council Action Required; Proprietary Actions . LESSEE acknowledges that this Lease is expressly conditioned on the El Cajon City Council's (the "City Council's") prior authorization to enter into and execute this Lease and the Agreement ("Council Authorization"), which may or may not be granted in the City Council's sole discretion. LESSEE understands and agrees that in entering into this Lease CITY is acting solely in its proprietary capacity of a lessor of a real property interest, and not in its governmental capacity as the primary regulatory authority for the Property. Whenever, in this Lease, approval, or consent, of CITY is required or failure to approve or consent is deemed to be approval or consent, it shall only relate to CITY's capacity as the landlord as owner of a real property interest.
4. Term. The term of this Lease is five (5) years, commencing on "Commencement Date" as hereinafter provided, and terminating on the last day of the 60th month thereafter .
Commencement Date of the Lease term will be ____ ____ . CITY shall deliver the Premises to LESSEE on the Lease Effective Date vacant, free of debris and hazardous materials, with all systems and structure in good working order and condition, free of leaks and in compliance with applicable laws, including, without limitation, existing plumbing , lighting, heating, ventilation, air-conditioning and other building systems serving the Premises and all structural elements, including roofs, exterior windows and doors of the Premises (collectively , "Delivery Condition") .
5. Early Termination Rights. Either party, LESSEE or CITY, may terminate this Lease prior to the original term, provided that they provide a minimum of six months' written notice to the other party. Such termination shall be at the sole discretion of the terminating party.
6. Quiet Enjoyment. LESSEE, performing the covenants and agreements in this Lease, shall at all times during the Term (as defined above) peaceably and quietly have, hold, and enjoy the Premises. If CITY for any reason cannot deliver possession of the Premises to LESSEE at commencement of the Term, or if LESSEE is temporarily dispossessed through action or claim of a title superior to CITY's, this Lease shall be voidable.
7. Reservation of Rights.
7.1 Mineral Rights. CITY reserves all rights, title, and interest in and to any and all subsurface natural gas, oil, minerals, and water on or within the Premises or the Property.
7.2 Easements. CITY reserves the right to grant, establish, and use easements and rights-of-way over, under, along, and across the Premises or the Property for utilities, thoroughfares , or access as it deems advisable for the public good at no cost or liability to CITY.
7.3 Repairs. CITY may at all reasonable times, upon reasonable notice to LESSEE, enter the Premises for the purpose of making repairs to or developing municipal resources and services.
7.4 Noninterference . CITY shall not substantially or unreasonably interfere with LESSEE's use of the Premises and shall repair or reimburse LESSEE for reasonable costs incurred by LESSEE to repair any physical damages to Premises or LESSEE's personal property solely and directly caused by CITY's exercising of its rights reserved in this section. CITY shall pay the costs of maintenance and repair of all CITY installations made pursuant to these reserved rights.
8. Holdover. LESSEE may not continue in possession of the Premises past the expiration of the Term or earlier termination of this Lease. If LESSEE continues to occupy the Premises after the expiration or earlier termination of this Lease, such occupancy shall neither constitute a renewal or extension of this Lease, nor give LESSEE any rights in or to the Premises. If LESSEE continues to occupy the Premises after the expiration or earlier termination of this Lease, CITY may demand and receive from LESSEE rent for the Premises calculated on a per diem basis at the fair market rental rate as of the date of the expiration or termination of this Lease. CITY, utilizing the services of qualified CITY staff, shall determine the amount of the fair market rental rate to be applied as of the date of the expiration or termination of this Lease. CITY's acceptance of such rent shall neither constitute a renewal or extension of the Lease, nor give LESSEE any rights in or to the Premises.
9. Surrender of Premises. Upon the expiration or earlier termination of this Lease, LESSEE shall vacate the Premises and surrender it to CITY free and clear of all liens and encumbrances, and in a decent, safe, and sanitary condition. If LESSEE fails to surrender the Premises to CITY on the expiration of the Lease as required by this paragraph, CITY shall deliver to LESSEE written notice of the work needed, and LESSEE shall arrange for the necessary work to be completed, subject to and in accordance with the terms of this Lease.
At any time after the expiration or earlier termination of this Lease, LESSEE shall execute, acknowledge, and deliver to CITY, but in no event later than thirty (30) days after CITY's demand, a valid and recordable quitclaim deed covering all of the Premises. If LESSEE fails or refuses to deliver the required quitclaim deed, CITY may prepare and record a notice reciting LESSEE's failure to perform this Lease provision, and the notice shall be deemed conclusive evidence of the termination of this Lease and of all of LESSEE's rights in and to the Premises.
10. Rent. LESSEE shall pay to CITY rent in the amount of Five Dollars ($5. 00) for the entire five- year term. Rent shall be considered paid in full upon execution of this Lease.
10.1 Security Deposit. LESSEE shall pay to City a security deposit in the amount of Twenty Five Thousand Dollars ($25,000.00) which shall be held by the CITY as security for the faithful performance by LESSEE of all the terms, covenants, and conditions of this Lease to be kept and performed by LESSEE during the term hereof. If LESSEE defaults with respect to any provision of this Lease after the expiration of all applicable notice and cure periods, including, but not limited to the provisions relating to the payment of Rent, Landlord may (but shall not be required to) use, apply or retain all or any part of the Security Deposit for the payment of any Rent or for the payment of any amount which Landlord may spend or become obligated to spend by reason of LESSEE's default, or to compensate CITY for any other loss or damage which CITY may suffer by reason of LESSEE's default. If any portion of said Security Deposit is so used or applied, LESSEE shall within ten (10) days after written demand therefor, deposit cash with CITY in an amount sufficient to restore the Security Deposit to its original amount and LESSEE's failure to do so shall be an Event of Default under this Lease. CITY shall not be required to keep the Security Deposit separate from its general funds, and LESSEE shall not be entitled to interest on the Security Deposit. If LESSEE shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit or any balance thereof shall be returned to LESSEE within sixty (60) days.
10.2 Time and Place of Payment. All payments to·be paid by LESSEE under this Lease shall be made payable to the City Treasurer and be mailed to or hand delivered to:
El Cajon Finance Department
200 Civic Center Way
El Cajon, California 92020
CITY may change the place of payment at any time upon thirty (30) days written notice to LESSEE. Mailed payments shall be deemed paid upon the date the payment is postmarked by the postal authorities . If postmarks are illegible, the payment shall be deemed received only upon actual receipt.
10.3 Invoicing. CITY shall invoice LESSEE for amounts due under this Lease. LESSEE shall make all payments under this Lease on or before each applicable due date. A grace period of three (3) business days shall apply to any amount due under this Lease.
10.4 Delinquent Payments. If LESSEE fails to pay rent when due, LESSEE shall pay, in addition to the unpaid rent, five percent (5%) of the delinquent rent. If the rent is still unpaid after fifteen (15) days past due, LESSEE shall pay an additional five percent (5%) (being a total of ten percent (10%)), which is agreed by the parties to be appropriate to compensate CITY for the cost of servicing the delinquent account. In no event shall the charge for late payments of rent be less than Twenty-Five Dollars ($25). Acceptance of late charges and any portion of the late payment by CITY shall neither constitute a waiver of LESSEE'S default with respect to late payment nor prevent CITY from exercising any other rights and remedies available at law or in equity. 11 . Maintenance. Repairs and maintenance shall be made promptly, as and when necessary .
All repairs and maintenance shall be in good quality and class at least equal to the original work.
11.1 CITY Obligations. CITY shall bear the entire expense of all repairs, maintenance, alterations, or improvements to the basic structure and all systems serving the Premises (foundation, exterior walls, roof, heating, ventilating, air conditioning, electrical, plumbing and other systems on the Premises), except as may be provided elsewhere herein and shall keep the Premises in compliance with applicable laws, rules and regulations (including complying with the Americans with Disabilities Act). CITY shall, in addition, bear the entire expense for the repair of the restrooms and parking area. In the event it is determined that the Premises were not in good working order and condition and in compliance with applicable laws, rules and regulations (including complying with the Americans with Disabilities Act) as of the Lease Effective Date, and such non-compliance is not due to LESSEE's particular use of, or activities or work in, the Premises, CITY shall correct such non-compliance at CITY's cost within thirty (30) business days after CITY's receipt of written notice thereof . If CITY fails to make any repair required of it hereunder, then in addition to any other rights and remedies LESSEE may have, LESSEE may make such repair, and charge CITY with the reasonable costs thereof.
11.2 LESSEE Obligations . LESSEE shall pay at its own expense, for all other maintenance and repairs not defined above as the CITY's responsibility , including maintenance of landscaping and keeping the parking area and landscape areas free of rubbish. The LESSEE is responsible for all repairs, maintenance, and keeping in good condition, the interior of the Premises, alterations and improvements made by LESSEE, and LESSEE installed fixtures and personal property . LESSEE shall not injure the leased Premises, but shall maintain the Premises in a clean , attractive condition and in good repair, except as to damage to be repaired by CITY as provided above. In no event shall LESSEE be obligated to make any capital repairs, improvements or replacements to the Property , or any portion thereof .
12. Smoke Free Premises. LESSEE shall ensure the property is maintained as a smoke free building and shall enforce the policy.
13. Encumbrance . LESSEE shall not encumber this Lease , its leasehold estate, or any improvements on the Property by deed of trust, mortgage, chattel mortgage, or other security instrument without CITY 's prior written consent , which conse nt shall be in CITY 's sole discretion. In addit ion, LESSE E shall not allow any mechanic's or materialman 's lien to attach to the Property ; nor shall LESSEE allow any tax lien to encumber the Property, and covenants to pay any taxes assessed against the Premises or the .Property, if any, in a timely fashion as well as upon demand of CITY.
13.1 Possessor Interest Encumbrances. LESSEE hereby acknowledges its obligations under Section 18.1, herein , for the timely payment of any applicable "possessory interest " taxes assessed by the County of San Diego .
14. Indemn ification & Hold Harmless. Except as otherw ise provided in this Section 14, LESSEE shall protect , defend, indemn ify, and hold CITY and its elected and appointed officials , officers, employees, representatives, and agents (collectively, the "CITY Indemnities") harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property , including injury to LESSEE 's officers, employees , invitees , guests , agents, or contractors, which arise out of or are in any manner directly or indirectly connected with this Lease, LESSEE's acts or omissions in the performance of its obligations under this Lease, and all expenses of investigating and defending against same, including without limitation attorneys' fees and costs ; provided , however, that LESSEE 's duty to indemni fy and hold CITY harmless shall not include any establis hed liability arising from the sole negligence or intentiona l misconduct of CITY Indemni ties. CITY may, at its own discretion , conduct the defense, or participate in the defe nse, of any claim related in any way to this indemnification . If the CITY elects to conduct its own defense, participate in its own defense , or obtain independent legal counsel in defense of any claim related to this indemnification, CITY shall pay for its costs related thereto, including , without limitation , attorneys ' fees and costs .
Except as otherwise provided in this Section 14, CITY shall protect , defend, indemn ify, and hold LESSEE and its elected and appointed officials, officers , employees , representatives, and agents (collectively, the "LESSEE Indemnit ies") harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to CITY Indemnities, which arise out of or are in any manner directly or indirectly connected with this Lease , CITY's acts or omissions in the performance of its obligations under this Lease , and all expenses of investigating and defending against same , including without limitation attorneys' fees and costs ; provided, however , that CITY's duty to indemnify and hold LESSEE harmless shall not include any established liability arising from the sole negligence or intentional misconduct of LESSEE Indemnities . LESSEE may, at its own discretion , conduct the defense , or participate in the defense , of any claim related in any way to this indemnification. If the LESSEE elects to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification, LESSEE shall pay for its costs related thereto, including, without limitation, attorneys' fees and costs.
15. Insurance. Prior to the Lease Effective Date, LESSEE shall have: (a) obtained, and upon the CITY's request provided to the City, insurance certificates reflecting evidence of all insurance required below. LESSEE's liabilities, including but not limited to LESSEE's indemnity obligations, under this Lease, shall not be deemed limited in any way to the insurance coverage required herein. Maintenance of specified insurance coverage is a material element of this Lease and LESSEE's failure to maintain or renew coverage or to provide evidence of renewal during the Term of this Lease may be treated as a material breach of contract by the City. The LESSEE shall not modify any policy or endorsement thereto which increases the City's exposure to loss for the duration of this Lease.
15.1 Types of Insurance. At all times during the Term of this Lease, the LESSEE shall maintain insurance coverage as follows:
15.1.1 Commercial General Liability (CGL). Insurance written on an ISO Occurrence form CG 00 01 07 98 or an equivalent form providing coverage at least as broad which shall cover liability arising from any and all personal injury or property damage in the amount of $2,000,000 per occurrence and subject to an annual aggregate of $4,000,000. There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured vs. insured claims or contractual liability. All defense costs shall be outside the limits of the policy, i.e., defense costs shall not "erode" the indemnification provided under the policy.
15.1.2 Commercial Automobile Liability. For all of the LESSEE's automobiles including owned, hired and non-owned automobiles, the LESSEE shall keep in full force and effect, automobile insurance written on an ISO form CA 00 01 12 90 or a later version of this form or an equivalent form providing coverage at least as broad for bodily injury and property damage for a combined single limit of $1,000,000 per occurrence. Insurance certificate shall reflect coverage for any automobile (any auto).
15.1.3 Causes of Loss - Special Form Property Insurance. LESSEE shall obtain and maintain, at its sole cost, Causes of Loss - Special Form Property Insurance on all of LESSEE's insurable property related to the Allowed Uses of the Premises under this Lease or the Premises in an amount to cover one hundred percent (100%) of the replacement cost. LESSEE shall deliver a certificate of such insurance to the City Manager's Office.
15.1.4 Workers' Compensation. For all of the LESSEE's employees who are subject to this Lease and to the extent required by the applicable state or federal law, the LESSEE shall keep in full force and effect, a Workers' Compensation policy. That policy shall provide a minimum of $1,000,000 of employers' liability coverage, and the LESSEE shall provide an endorsement that the insurer waives the right of subrogation against the CITY Indemnities.
15.2 Deductibles. All deductibles on any policy shall be the responsibility of the LESSEE and shall be disclosed to the CITY at the time the evidence of insurance is provided.
15.3 Acceptability of Insurers. Except for the State Compensation Insurance Fund, all insurance required by this Lease shall only be carried by insurance companies with a rating of at least "A-, VI" by A.M. Best Company, that are authorized by the California Insurance Commissioner to do business in the State of California, and that have been approved by the CITY. The CITY will accept insurance provided by non-admitted, "surplus lines" carriers only if the carrier is authorized to do business in the State of California and is included on the List of Eligible Surplus Lines Insurers (LESLI list). All policies of insurance carried by non-admitted carriers are subject to all of the requirements for policies of insurance provided by admitted carriers described herein.
15.4 Modification. To assure protection from and against the kind and extent of risk existing with the Allowed Uses, CITY, at its reasonable discretion, may require the revision of amounts and coverage at any time by giving LESSEE thirty (30) days prior written notice. LESSEE shall also obtain any additional insurance required by CITY for new improvements, changed circumstances, or CITY's reasonable re-evaluation of risk levels related to the Allowed Uses.
15.5 Accident Reports. LESSEE shall immediately report to CITY any accident causing property damage or injury to persons on the Premises or otherwise related to the Allowed Uses. Such report shall contain the names and addresses of the involved parties, a statement of the circumstances, the date and hour of the accident, the names and addresses of any witnesses, and other pertinent information.
15.6 Required Endorsements. The following endorsements to the policies of insurance are required:
15.6.1 Commercial General Liability Insurance Endorsements:
ADDITIONAL INSURED. To the fullest extent allowed by law including but not limited to California Insurance Code section 11580.04, the policy or policies must be endorsed to include as an Insured the City of El Cajon and its elected and appointed officials, officers, employees, agents and representatives with respect to liability arising out of (a) ongoing operations performed by LESSEE or on LESSEE's behalf, (b) LESSEE's products, (c) LESSEE's work, including but not limited to its completed operations performed by LESSEE or on its behalf, or (d) premises owned, leased, controlled or used by LESSEE.
PRIMARY AND NON-CONTRIBUTORY COVERAGE. The policy or policies must be endorsed to provide that the insurance afforded by the Commercial General Liability policy or policies is primary to any insurance or self-insurance of the City of El Cajon and its elected and appointed officials, officers, employees, agents and representatives as respects operations of the Named Insured. Any insurance maintained by the City of El Cajon and its elected and appointed officials, officers, employees, agents and representatives shall be in excess of LESSEE's insurance and shall not contribute to it.
15.6.2 Worker's Compensation Insurance Endorsements:
WAIVER OF SUBROGATION. The Worker's Compensation policy or policies must be endorsed to provide that the insurer will waive all rights of subrogation against the CITY and its elected and appointed officials, officers, employees, agents and representatives for losses paid under the terms of this policy or these policies which arise from work performed by the Named Insured for the CITY.
16. Entry and Inspection. LESSEE may quietly enjoy the Premises, free from unreasonable interference by CITY, except as set forth in this Lease, in the Agreement, or as reasonably , required in emergency situations. During such an emergency, CITY may at all times enter and inspect the Premises and the operations conducted on the Premises and CITY shall provide LESSEE with reasonable prior verbal notice of entry. For all non-emergency situations, and except as otherwise provided above, CITY may at all reasonable times, enter and inspect the Premises and the operations conducted on the Premises, provided, however, that LESSEE shall have the right to accompany CITY and CITY's representatives for any such access.
17. Utilities. CITY shall provide a base utility contribution of forty percent (40%) which is equivalent to the projected usage of the small business incubator portion of the building, and LESSEE shall pay for the remainder of all water, gas, heat, light, power, telephone, trash removal, and other utilities and services supplied to the Property, together with any taxes thereon.
18. Improvements/Alterations . Except for nonstructural work, which does not exceed $1,000.00 in cost, no improvements, structures, or installations shall be constructed on the Premises, and the Premises may not be altered, by LESSEE without CITY's prior written approval, which approval shall not be unreasonably withheld. Additionally, once completed, LESSEE shall not make any structural or architectural design alterations to approved improvements, structures, or installations on the Premises without CITY's additional prior written approval.
CITY shall not unreasonably withhold permission for structural changes or improvements.
18.1 Restoration. LESSEE agrees that, upon termination of this Lease, City may require LESSEE to remove any facilities constructed and/or installed on Premises by LESSEE, unless LESSEE requests and obtains CITY's written agreement (which may be by email), at the time of CITY's approval of the improvements or alterations to be made by LESSEE, that such improvements or alterations need not be removed.
19. Liens. LESSEE shall protect, defend, indemnify, and hold CITY harmless from and against all claims for labor or materials in connection with operations, improvements, alterations, or repairs on or to the Premises and the costs of defending against such claims, including without limitation reasonable attorneys' fees. If LESSEE causes improvements, alterations, or repairs to be made to the Premises, and a lien or notice of lien is filed against the Property, LESSEE shall notify CITY of the lien within five (5) days after LESSEE first becomes aware of the existence of the lien, and within thirty (30) days after the filing either: (a) take all actions necessary to record a valid release of the lien; or (b) file with CITY a bond, cash, or other security acceptable to CITY sufficient to pay in full all claims of all persons seeking relief under the lien. If LESSEE should perform maintenance, repairs, or other work on the Premises it shall give notice to CITY in order for the CITY to post such notices of non- responsibility as necessary to protect the CITY and the Premises from any liens or other charges.
20. Taxes. LESSEE shall be liable for all customary taxes levied against the LESSEE and levied against the CITY attributable solely to the Premises and applicable to the period from the Lease Effective Date until the expiration or sooner termination of this Lease. LESSEE shall not be responsible to pay any taxes that are not required or customary to be paid by the CITY.
20.1 Possessory Interest Taxes. LESSEE understands and agrees that under California Revenue and Taxation Code (the "Code") section 170, this Lease may create a possessory interest in the Premises, subject to property taxation under section 170.6 of the Code, and if a possessory interest is created that LESSEE will be subject to the payment of property taxes arising from that interest. All real property taxes for the tax year in which the Lease Effective Date occurs and for the tax year in which this Lease terminates shall be apportioned and adjusted so that LESSEE shall not be responsible for any real property taxes for a period of time occurring prior to the Effective Lease Date or subsequent to the expiration of the Term and shall be adjusted so that LESSEE shall be responsible for any real property taxes attributable solely to the Premises.
21. Assignments; Subleases. LESSEE recognizes that this Lease is entered into by the CITY in consideration of LESSEE's performance of the Services on behalf of the CITY.
Therefore, if at any time the LESSEE should cease providing the Services on behalf of the CITY, whether at its election or that of the CITY, this Lease shall only be assignable to a successor entity providing the Services as selected by the CITY or, if no such successor is selected, the rent payable under this Lease shall be re-established at a fair rental value as if the LESSEE was a holdover tenant as set forth in Section 7, above.
22. Unavoidable Delay. If the performance of an act required of CITY or LESSEE by this Lease is directly prevented or delayed by reason of strikes, lockouts, labor disputes , unusual governmental delays, acts of God, fire, floods, epidemics , pandemic, disease, illness, national, regional or local emergency , quarantine, governmental order, freight embargoes, or other causes beyond the reasonable control of the party required to perform an act, that party shall be excused from performing the act for a period equal to the period of the prevention or delay. This provision shall not apply to LESSEE's obligations to pay rent. The party claiming a delay shall notify the other party in writing within ten ( 10) calendar days after the beginning of any claimed delay.
23. Hazardous Substances. LESSEE shall not allow the illegal installation, storage, utilization, generation, sale or release of hazardous or otherwise regulated substances in, on, under, or from the Premises. LESSEE and LESSEE's agents and contractors shall not install, store, utilize, generate, or sell any Hazardous Substance on the Premises without CITY's prior written consent. LESSEE shall obtain and maintain all required licenses and permits from applicable regulatory agencies, including without limitation the San Diego County Department of Environmental Health, local fire agencies, the San Diego County Department of Weights and Measures, the San Diego County Air Pollution Control District, and the San Diego Regional Water Quality Control Board. Installing, utilizing, storing, or any other presence of a hazardous substance includes boxes, bags, bottles, drums, cylinders, above or below ground tanks, equipment with tanks, or any other type of container, equipment, or device which holds or incorporates a Hazardous Substance or hazardous waste.
23.1. Release. For the purposes of this provision, a "release" shall include without limitation any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or otherwise disposing of Hazardous Substances.
23.2. Hazardous Substance. "Hazardous Substance" shall mean any hazardous liquid, solid, or gaseous material substances listed by the Environmental Protection Agency or the State of California as a hazardous substance, and all types of petroleum-related substances and their chemical constituents.
23.3. Remediation. If LESSEE's occupancy, use, development , maintenance, or restoration of the Premises results in a release of a Hazardous Substance, LESSEE shall pay all costs of remediation and removal to the CITY's satisfaction for unrestricted reuse of the Premises, and in accordance with all applicable laws, rules, and regulations of governmental authorities.
23.4. Removal. If LESSEE or LESSEE's contractor or agent has received approval and permits to store, utilize, generate, or install, or otherwise bring Hazardous Substances or hazardous wastes to the Premises, LESSEE and/or LESSEE's contractor or agent shall remove all Hazardous Substances and hazardous wastes in any type of container, equipment, or device from the Premises immediately upon, the expiration of the said approval or permit, or prior to the expiration or earlier termination of this Lease whichever occurs first. CITY reserves the right to conduct inspections of the Premises and/or request documentation demonstrating the legal removal and/or disposal of the Hazardous Substances and/or hazardous wastes, containers, equipment, or devices from the Premises. LESSEE shall be responsible for any and all costs incurred by CITY to remove any container, equipment, or device requiring disposal or removal as required by this provision. Notwithstanding anything to the contrary in this Lease, in no event shall LESSEE be required to remove, clean-up or otherwise remediate, or pay any costs with respect to, any Hazardous Substances not brought onto the Premises during the Term by or for LESSEE.
23.5. Notice of Release. If LESSEE knows or has reasonable cause to believe that a Hazardous Substance has been released on, from, or beneath the Premises, LESSEE shall immediately notify CITY and any appropriate regulatory or reporting agency as required by California Administrative Code Title 19 and any other applicable laws or regulations.
LESSEE shall deliver a written report thereof to CITY within three (3) days after receipt of the knowledge or cause for belief and submit any required written reports to regulatory or reporting agencies as required by regulation or law. If LESSEE knows or has reasonable cause to believe that such substance is an imminent release or is an imminent substantial danger to public health and safety, LESSEE shall take all actions necessary to alleviate the danger. LESSEE shall immediately notify CITY in writing of any violation, notice to comply, or notice of violation received or the initiation of environmental actions or private suits related to the Premises.
24. Notices. Any notice required or permitted to be given under this Lease shall be in writing and may be served personally or by United States mail, postage prepaid or by email (provided such notice is concurrently sent pursuant to at least one (1) of the other permitted means), addressed as follows:
If to LESSEE:
CHALDEAN COMMUNITY CENTER
Attention: ------ - ----
Email: - -----------
If to CITY:
THE CITY OF EL CAJON
Attention: City Manager's Office
200 Civic Center Way
El Cajon, California 92020
Email: - -------
25. Compliance with Law. LESSEE shall at all times in the construction, maintenance, occupancy, restoration and operation of the Premises comply with all applicable laws, rules, regulations, and requirements of competent legal authority at LESSEE's sole cost and expense. LESSEE shall promptly deliver to City copies of all documentary evidence of such compliance received by or otherwise available to LESSEE (e.g., validation of periodic inspection of LESSEE's fire-suppression equipment in the Premises). In addition, LESSEE shall comply with any and all notices issued by the City Manager or designee under the authority of any law, statute, ordinance, or regulation.
26. California Public Records Act. LESSEE understands that the CITY is subject to California laws related to transparency in government (also referred to as "sunshine laws"), including those related to the inspection of public records. LESSEE agrees that CITY shall determine, in its sole discretion, whether information provided to CITY by LESSEE pursuant to this Lease is or is not a public record subject to disclosure under the California Public Records Act (the "CPRA"). LESSEE shall hold CITY, its elected officials, officers and employees harmless for CITY's disclosure of any such information in response to a request for information under the CPRA.
27. Nondiscrimination. This Lease is made and accepted upon and subject to the covenant and condition, which shall run with the land, that LESSEE or any person claiming under or through LESSEE shall not establish or allow any discrimination against or segregation of any person or group of persons on account of race, color, religion, gender, gender identity, gender expression, disability, sexual orientation, marital status, national origin, ancestry, familial status, or source of income in the possession, use and occupancy of the Premises, the operation of Services provided on behalf of the CITY, or in the selection, location, number, use or occupancy of tenants, subtenants or vendees in the Premises.
28. Stormwater and Non-Stormwater Discharges.
28.1 The Premises are subject to federal, state and local laws regarding the discharge of pollutants into the stormwater conveyance system in stormwater and non-stormwater. The programs established by these laws regulate existing activities, the construction process, and impose design requirements on new development and redevelopment. The development related parts of the local stormwater program implement a region-wide model plan, the Standard Urban Stormwater Management Plan or "SUSMP" , through the development, installation, implementation and maintenance of pollution prevention measures, source control measures, and Best Management Practices (BMPs). BMPs can include operational practices; water or pollutant management practices; physical site features ; or devices to remove pollutants from stormwater , to affect the flow of stormwater or to infiltrate stormwater to the ground. CITY shall, at its sole cost and expense , be responsible for any and all costs and expenses in maintaining compliance with such federa l, state and local laws, including, without limitation, SUSMP and BMPs.
28.2 LESSEE is required and agrees to use, operate, maintain, the Premises in accordance with all applicable federal and state laws restricting the discharge of non-stormwater at or from the Premises and all such implementing regulations or guidance . LESSEE further agrees to conform to the specifications in the City of El Cajon Watershed Protection, Stormwater Management , and Discharge Control Ordinance , El Cajon Municipal Code Chapter 13.10, as the same may be amended from time to time by the City Council or the Director of Public Works, respectively , in each case to the extent applicable to the Premises .
28.3 LESSEE understa nds and acknowledges that the stormwater and non-stormwater requirements applicable to the Premises and to Lessee may be changed from time to time by federal, state and/or local authorities , and that additional requirements may become applicable based on changes in Lessee's activities or changes to the Premises performed by LESSEE. CITY may amend its SUSMP in response to such changes , and LESSEE may amend its Stormwater Pollution Prevention Plan or "SWPPP" provided however , any amendment to the then current SWPPP shall be mutually agreeable to City and LESSEE .
LESSEE agrees to develop, install, implement, and maintain such additional BMPs and/or other pollution control practices as required by applicable federal and state laws at the Premises at LESSEE'S sole cost and expense, provided that, in no event shall LESSEE be obligated to make any repairs, improvements or replacements to the Property or to pollution control devices to comply with federal, state and local laws regarding the discharge of pollutants into the stormwater conveyance system or to comply with other pollution control practices as required by applicable federal, state and local laws. To the extent there is a conflict between any .federal and state law, LESSEE shall be obligated to comply with the more restrictive provision. LESSEE shall provide CITY with unrestricted access to the Premises and/or all pertinent records upon seven (7) days written notice for the purpose of monitoring the implementation and maintenance of required BMPs and/or other pollution control devices at the Premises. Failure to provide CITY with access or to implement, develop, install, and maintain any pollution control practices or BMPs required by this Section beyond any applicable notice and cure period shall constitute a default of this Lease.
To the extent changes in SWPPP are necessary due to changes to the Premises undertaken by the CITY or an exercise of any reserved rights of the CITY, CITY shall be responsible, at its sole cost and expense , for development , installation, implementat ion and maintaining additional BMPs and/or other pollution control practices as required by applicable federal, state and local laws.
29. Cumulative Remedies. CITY's rights and remedies under this Lease are cumulative and shall not limit or otherwise waive or deny any of CITY's rights or remedies at law or in equity.
30. Survival. Any obligation which accrues under this Lease prior to its expiration or termination shall survive such expiration or termination.
31 . Joint and Several Liability. If LESSEE is comprised of more than one person or legal entity, such persons and entities, and each of them, shall be jointly and severally liable for the performance of each and every obligation of LESSEE under this Lease.
32. No Affiliation. Nothing contained in this Lease shall be deemed or construed to create a partnership, joint venture, or other affiliation between CITY and LESSEE or between CITY and any other entity or party, or cause CITY to be responsible in any way for the debts or obligations of LESSEE or any other party or entity.
33. Brokers. LESSEE and CITY warrant that they have had no dealings with any real estate broker or agent in connection with the negotiation and/or execution of this Lease and each covenants to pay, hold harmless and indemnify the other from claims for monies owed.
34. Captions. The captions, headings and index appearing in this Lease are inserted for convenience only and in no way define, limit, construe, or describe the scope or intent of the provisions of this Lease.
35. Interpretation. The parties have each agreed to the use of the particular language of the provisions of this Lease, and any question of doubtful interpretation shall not be resolved by any rule of interpretation providing for interpretation against the parties who cause an uncertainty to exist or against the draftsperson.
36. Entire Agreement and Understanding. This Lease constitutes the entire agreement between the parties and supersedes any and all prior understandings, representations, warranties, and agreements between them pertaining to this Lease and LESSEE's occupancy, use, development, maintenance, and restoration of the Premises. Any modification, alteration, or amendment of this Lease shall be in writing and signed by all the parties hereto. Each party has relied on its own examination of the Premises, advice from its own attorneys, and the warranties, representations, and covenants of the Lease itself. Each of the parties to this Lease agrees that no other party, agent, or attorney of any other party has made any promise, representation, or warranty whatsoever which is not contained in this Lease. The failure or refusal of any party to read the Lease or other documents, inspect the Premises, and obtain legal or other advice relevant to this transaction constitutes a waiver of any objection, contention, or claim that might have been based on these actions.
37. Modification. The provisions of this Lease may not be modified, except by a written instrument signed by both parties.
38. Exhibits. All exhibits referred to herein are attached hereto and incorporated by reference.
39. Force Majeure. In the event either party is prevented or delayed from performing any act or discharging any obligation hereunder, except for the payment of rent by LESSEE, because of any and all causes beyond either party's reasonable control, including unusual delays in deliveries, abnormal adverse weather conditions, unavoidable casualties, strikes, labor disputes, inability to obtain labor, materials or equipment, acts of God, pandemic, disease, illness, national, regional or local emergency, quarantine , governmental restrictions, regulations or controls, any hostile government actions, civil commotion and fire or other casualty, legal actions attacking the validity of this Lease or the CITYs occupancy of the Premises, or any other casualties beyond the reasonable control of either party except casualties resulting from Lessee's negligent operation or maintenance of the Premises ("Force Majeure"), performance of such act shall be excused for the period of such delay, and the period for performance of such act shall be extended for a period equivalent to the period of such delay. Force Majeure shall not include any bankruptcy, insolvency, or other financial inability on the part of either party hereto. However, nothing in this Section shall excuse LESSEE from the prompt payment of any rental or other charge required of LESSEE, except as may be expressly provided elsewhere in this Lease.
40. Governing Law. This Lease shall be governed, construed and enforced in accordance with the laws of the State of California. Any action to interpret or enforce this Lease shall be brought in the Superior Court in San Diego County, Central Division. LESSEE hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394.
41. Partial Invalidity. If any term, covenant, condition, or provision of this Lease is found invalid, void, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
42. Successors & Assigns . This Lease shall be binding on, and inure to the benefit of, the parties and their successors and assigns, all of whom shall be jointly and severally liable hereunder, except as may otherwise be provided herein.
43. Standard of Employees . LESSEE and its employees shall at all times conduct themselves and the operations on the Premises in a creditable manner, as determined by CITY in its sole reasonable discretion.
44. Conformity. The policies established by LESSEE for the operation of the Premises shall conform to the general policies established by CITY for the use and operation of similar CITY owned properties .
45. Waiver. No provision of this Lease or the breach thereof shall be deemed waived, except by written consent of the party against whom the waiver is claimed. The waiver by City of any breach of any term, covenant or condition contained in this Lease shall not be deemed to be a waiver of such term, covenant or condition of any subsequent breach thereof, or of any other term, covenant or condition contained in this Lease. City's subsequent acceptance of partial rent or performance by Lessee shall not be deemed to be an accord and satisfaction or a waiver of any preceding breach by Lessee of any term, covenant or condition of this Lease or of any right of City to a forfeiture of the Lease by reason of such breach, regardless of City's knowledge of such preceding breach at the time of City's acceptance. The failure on the part of City to require exact or full and complete compliance with any of the covenants, conditions of agreements of this Lease shall not be construed as in any manner changing or waiving the terms of this Lease or as estopping City from enforcing in full the provisions hereof. No custom or practice which may arise or grow up between the parties hereto in the course of administering this Lease shall be construed to waive, estop or in any way lessen the right of City to insist upon the full performance of, or compliance with, any term, covenant or condition hereof by Lessee, or construed to inhibit or prevent the rights of City to exercise its rights with respect to any default, dereliction or breach of this Lease by Lessee.
46. Special Provisions. Lessee and City agree that in the event there is any conflict between the following special provisions and any other provisions of this Lease as set forth hereinabove, the following special provisions shall govern:
46.1 LESSEE agrees that, upon termination of this Lease, facilities constructed and/or installed on Premises by LESSEE will become the sole property of the CITY and LESSEE hereby releases any claim to said facilities. Notwithstanding the foregoing, CITY may require LESSEE to remove any facilities constructed and/or installed on Premises by LESSEE, at LESSEE's own expense upon termination of this Lease.
47. Related Governmental Actions and Approvals. By entering into this Lease, the CITY is not obligating itself to any other government agent, board, commission, or agency with regard to any other discretionary action relating to development or operation of the Premises.
Discretionary action includes, but is not limited to, rezoning, variances, environmental clearances, or any other governmental agency approvals which may be required for the development and operation of the Premises. LESSEE shall be solely responsible for processing all land use, development, and construction approvals required for the use and • occupancy of the Premises. This Lease shall not be interpreted by any decision-maker on any CITY-issued permit or approval to override or dictate the outcome of any findings required for any permit or development approval.
48. Authority to Contract. Each individual executing this Lease on behalf of another person or legal entity represents and warrants that they are authorized to execute and deliver this Lease on behalf of such person or entity in accordance with duly adopted resolutions or other authorizing actions which are necessary and proper and under such legal entity's articles, charter, bylaws, or other written rules of conduct or governing agreement, and that this Lease is binding upon such person or entity in accordance with its terms. Each person executing this Lease on behalf of another person or legal entity represents and warrants such entity is a valid, qualified corporation, limited liability company, partnership, or other unincorporated association in good standing in its home state and that such entity is qualified to do business in California.
49. Counterparts/Electronic Signatures . This Lease may be executed in any number of counterparts, each of which shall be deemed an original and all of which together shall constitute a fully executed agreement , with the same effect and validity as a single, original agreement signed by all of the parties. Signed copies of this Lease or of the signature pages hereto may be exchanged by mail (either United States Postal Service or via reputable overnight carrier) or by e-mail in pdf or other printable format and any such method shall be equally binding on the parties and shall have the same legal effect as delivery of an original executed copy of this Lease for all purposes, and in all circumstances , including, but not limited to, collection, admissibility , authentication, or any other legal purpose. CITY acknowledges and agrees that LESSEE may from time to time retain information and documents electronically (such as in optical, digital or other electronic storage and retrieval system) and destroy the original documents.
[REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY]
IN WITNESS WHEREOF , the parties hereto have set their hands on the date first above written.
LESSOR:
CITY OF EL CAJON
By:-------- -------
ATTEST : ______ _______ _
LESSEE:
CHALDEAN COMMUNITY CENTER
By: ----- ----------
Its: -------------- --
ATTEST: --------------
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
(First Floor and Suites __ on Second Floor)
For APN/Parcel ID(s): 488-242-43-00
PARCEL 1 OF PARCEL MAP NO. 16704, IN THE CITY OF EL CAJON, COUNTY OF SAN
DIEGO , STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY.
The Valley of Opportunity
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~Porate~
CITY OF EL CAJON
LEASE
BY AND BETWEEN
THE CITY OF EL CAJON,
A CALIFORNIA CHARTER CITY AND MUNICIPAL CORPORATION
AND
THE CHALDEAN COMMUNITY CENTER
A CALIFORNIA NONPROFIT PUBLIC BENEFIT CORPORATION
FOR OPERATION OF A SMALL BUSINESS INCUBATOR
CITY OF EL CAJON COMMERCIAL LEASE AGREEMENT & OPERATION OF SMALL
BUSINESS INCUBATOR AGREEMENT
(405 East Lexington Ave, El Cajo n, California 92020)
This lease (the "Lease"), made and entered into this __ day of ____ _ _ , 2024, by and between the CITY OF EL CAJON (the "CITY"), a California charter city and municipal corporation duly organized and existing pursuant to the laws of the State of California, as LESSOR, and THE CHALDEAN COMMUNITY CENTER , a California nonprofit public benefit corporation as LESSEE whereby the parties hereto agree as follows:
RECITALS
A. This Lease shall be administered on behalf of the CITY by its City Manager and on Behalf of the LESSEE by its ______ _
B. CITY is the owner of that certain real property , including all improvements therein or to be provided by the CITY under terms of this Lease, commonly known by the street address of 405 East Lexington Ave, El Cajon, California 92020, which is more particularly described in Exhibit "A" (the "Property"). The property includes land, building, and fixtures , as more fully set in Exhibit "A" to this Lease. Said real property is leased on the terms and conditions hereinafter set forth.
FOR VALUABLE CONSIDERATION, the parties agree as follows:
1. Premises. CITY hereby leases to LESSEE and LESSEE hereby leases from CITY the areas of the second floor identified as Suites _ _ , for a total of approximately 3,000 square feet and the non-exclusive right to parking lot, including up to 40 percent of the parking spaces, and other common areas, (the "Premises"), under the terms and conditions of this Lease.
LESSEE acknowledges and agrees that the square footage figures set forth in this Lease are reasonable approximations for reference only and shall not be subject to revision except with an actual physical change in the Premises. This Lease shall not create any agency, joint venture, or other relationship between the CITY and LESSEE other than that of landlord and tenant.
2. Uses. LESSEE shall use the Premises solely to provide services to the CITY by providing economic development services available to residents of the CITY by offering a business incubation program consistent with the scope of services identified in RFQ #023-24 (the "Services"), included as Exhibit "B," but for no other purposes (the "Allowed Uses"). LESSEE shall not use or permit the use of the Premises in a manner that is unlawful, creates damage , waste or a nuisance, or that disturbs occupants of or causes damage to neighboring premises or properties. Other than guide, signal and seeing-eye dogs, LESSEE shall not keep or allow in the Premises any pets, animals, birds, fish, or reptiles. The CITY shall not unreasonably withhold or delay its consent to any written request for a modification of the Agreed Use, so long as the same will not impair the structural integrity of the building on the Property or the mechanical or electrical systems therein, and/or is not significantly more burdensome. If the CITY elects to withhold consent, The CITY shall within 7 days after such request give written notification of same, which notice shall include an explanation of the CITY'S objections to the change in the Agreed Use. LESSEE shall have the right to use and access the Premises and the parking areas serving the Property twenty-four (24) hours per day, seven (7) days per week, subject to compliance with CITY's reasonable security rules and regulations.
3. City Council Action Required ; Proprietary Actions . LESSEE acknowledges that this Lease is expressly conditioned on the El Cajon City Council's (the "City Council's") prior authorization to enter into and execute this Lease and the Agreement ("Council Authorization "), which may or may not be granted in the City Council's sole discretion . LESSEE understands and agrees that in entering into this Lease CITY is acting solely in its proprietary capacity of a lessor of a real property interest, and not in its governmental capacity as the primary regulatory authority for the Property. Whenever, in this Lease, approval , or consent, of CITY is required or failure to approve or consent is deemed to be approval or consent, it shall only relate to CITY's capacity as the landlord as owner of a real property interest.
4. Term. The term of this Lease is five (5) years, commencing on "Commencement Date" as hereinafter provided, and terminating on the last day of the 60th month thereafter.
Commencement Date of the Lease term will be __________ . CITY shall deliver the Premises to LESSEE on the Lease Effective Date vacant, free of debris and hazardous materials, with all systems and structure in good working order and condition , free of leaks and in compliance with applicable laws, including, without limitation, existing plumbing, lighting, heating, ventilation, air-conditioning and other building systems serving the Premises and all structural elements , including roofs, exterior windows and doors of the Premises (collectively, "Delivery Condition") .
5. Early Termination Rights. Either party, LESSEE or CITY, may terminate this Lease prior to the original term, provided that they provide a minimum of six months' written notice to the other party. Such termination shall be at the sole discretion of the terminating party. The termination of the Lease also terminates any obligations the CITY may have toward the operation of the Business Incubator Program.
6. Quiet Enjoyment. LESSEE, performing the covenants and agreements in this Lease, shall at all times during the Term (as defined above) peaceably and quietly have, hold, and enjoy the Premises. If CITY for any reason cannot deliver possession of the Premises to LESSEE at commencement of the Term, or if LESSEE is temporarily dispossessed through action or claim of a title superior to CITY's, this Lease shall be voidable.
7. Reservation of Rights.
7.1 Mineral Rights. CITY reserves all rights, title, and interest in and to any and all subsurface natural gas, oil, minerals, and water on or within the Premises or the Property .
7.2 Easements. CITY reserves the right to grant, establish, and use easements and rights-of-way over, under, along, and across the Premises or the Property for utilities, thoroughfares, or access as it deems advisable for the public good at no cost or liability to CITY.
7.3 Repairs. CITY may at all reasonable times, upon reasonable notice to LESSEE , enter the Premises for the purpose of making repairs to or developing municipal resources and services .
7.4 Noninterference. CITY shall not substantially or unreasonably interfere with LESSEE's use of the Premises and shall repair or reimburse LESSEE for reasonable costs incurred by LESSEE to repair any physical damages to Premises or LESSEE 's personal property solely and directly caused by CITY's exercising of its rights reserved in this section. CITY shall pay the costs of maintenance and repair of all CITY installations made pursuant to these reserved rights.
8. Holdover. LESSEE may not continue in possession of the Premises past the expiration of the Term or earlier termination of this Lease. If LESSEE continues to occupy the Premises after the expiration or earlier termination of this Lease, such occupancy shall neither constitute a renewal or extension of this Lease, nor give LESSEE any rights in or to the Premises. If LESSEE continues to occupy the Premises after the expiration or earlier termination of this Lease, CITY may demand and receive from LESSEE rent for the Premises calculated on a per diem basis at the fair market rental rate as of the date of the expiration or termination of this Lease. CITY, utilizing the services of qualified CITY staff, shall determine the amount of the fair market rental rate to be applied as of the date of the expiration or termination of this Lease. CITY's acceptance of such rent shall neither constitute a ·renewal or extension of the Lease, nor give LESSEE any rights in or to the Premises.
9. Surrender of Premises. Upon the expiration or earlier termination of this Lease, LESSEE shall vacate the Premises and surrender it to CITY free and clear of all liens and encumbrances, and in a decent, safe, and sanitary condition. If LESSEE fails to surrender the Premises to CITY on the expiration of the Lease as required by this paragraph, CITY shall deliver to LESSEE written notice of the work needed, and LESSEE shall arrange for the necessary work to be completed, subject to and in accordance with the terms of this Lease.
At any time after the expiration or earlier termination of this Lease, LESSEE shall execute, acknowledge, and deliver to CITY, but in no event later than thirty (30) days after CITY's demand, a valid and recordable quitclaim deed covering all of the Premises. If LESSEE fails or refuses to deliver the required quitclaim deed, CITY may prepare and record a notice reciting LESSEE's failure to perform this Lease provision, and the notice shall be deemed conclusive evidence of the termination of this Lease and of all of LESSEE's rights in and to the Premises.
10. Reporting Requirements. LESSEE shall submit quarterly reports, in writing by January 15th , April 15th , July 15th , and October 15th of each year, and an annual report in person to the City Council during the first quarter of the calendar year. Reports shall include the following information:
a. Businesses applied to participate in the incubator program (name, type, ownership , location, etc.);
b. Businesses accepted to participate in the incubator program (name, type, ownership, location, etc.);
c. Detail of services provided to each business;
d. Businesses "graduating" from the incubator program (name, type, ownership, location, etc.);
e. Track business success post-graduation for three years; and f. Outreach activities aimed at promoting diversity, equity, and inclusion of businesses participating in the incubator program.
LESSEE shall ensure that a minimum of 75 percent of the participating businesses in the incubator program are El Cajon-based businesses.
11 . Conflicts of Interest. The Chaldean Community Council, its Board Members, its employees, and immediate family members thereof, are prohibited by this lease agreement from having any type of ownership interest in any business accepted into the incubator program. This shall include, but is not limited to, limited partners, silent partners, shareholders, managing partners, ownership shares in a sole proprietorship , promissory notes, loans, liens, or any other such ownership interest in the incubator business identified by separate instrument.
12. Diversity, Equity, Inclusion. LESSEE shall use all reasonable efforts to diversify participation in the business incubator program by conducting continual outreach activities aimed at ensuring that all races, ethnicities, nationalities, and backgrounds, have equal access to participate in the business incubator program. The specific outreach activities employed shall be discussed in all quarterly reports in accordance with Section 9 (f) of this Agreement.
13. Maintenance . Repairs and maintenance shall be made promptly, as and when necessary.
All repairs and maintenance shall be in good quality and class at least equal to the original work.
13.1 CITY Obligations . CITY shall bear the entire expense of all repairs, maintenance, alterations , or improvements to the basic structure and all systems serving the Premises (foundation, exterior walls, roof, heating, ventilating, air conditioning, electrical, plumbing and other systems on the Premises), except as may be provided elsewhere herein and shall keep the Premises in compliance with applicable laws, rules and regulations (including complying with the Americans with Disabilities Act). CITY shall, in addition, bear the entire expense for the repair of the restrooms and parking area. In the event it is determined that the Premises were not in good working order and condition arid in compliance with applicable laws, rules and regulations (including complying with the Americans with Disabilities Act) as of the Lease Effective Date, and such non-compliance is not due to LESSEE's particular use of, or activities or work in, the Premises, CITY shall correct such non-compliance at CITY's cost within thirty (30) business days after CITY's receipt of written notice thereof. If CITY fails to make any repair required of it hereunder, then in addition to any other rights and remedies LESSEE may have, LESSEE may make such repair, and charge CITY with the reasonable costs thereof.
13.2 LESSEE Obligations. LESSEE shall pay at its own expense, for all other maintenance and repairs not defined above as the CITY's responsibility, including maintenance of landscaping and keeping the parking area and landscape areas free of rubbish. The LESSEE is responsible for all repairs, maintenance , and keeping in good condition, the interior of the Premises, alterations and improvements made by LESSEE, and LESSEE installed fixtures and personal property. LESSEE shall not injure the leased Premises, but shall maintain the Premises in a clean, attractive condition and in good repair, except as to damage to be repaired by CITY as provided above. In no event shall LESSEE be obligated to make any capital repairs, improvements or replacements to the Property, or any portion thereof .
14. Smoke Free Premises. LESSEE shall ensure the property is maintained as a smoke free building and shall enforce the policy.
15. Encumbrance . LESSEE shall not encumber this Lease, its leasehold estate, or any improvements on the Property by deed of trust, mortgage, chattel mortgage, or other security instrument without CITY's prior written consent, which consent shall be in CITY's sole discretion . In addition, LESSEE shall not allow any mechanic's or materialman's lien to attach ,to the Property; nor shall LESSEE allow any tax lien to encumber the Property, and covenants to pay any taxes assessed against the Premises or the Property, if any, in a timely fashion as well as upon demand of CITY.
15.1 Possessor Interest Encumbrances. LESSEE hereby acknowledges its obligations under Section 18.1, herein, for the timely payment of any applicable "possessory interest " taxes assessed by the County of San Diego.
16. Indemnification & Hold Harmless. Except as otherwise provided in this Section 16, LESSEE shall protect, defend, indemnify, and hold CITY and its elected and appointed officials, officers, employees, representatives, and agents (collectively , the "CITY Indemnities") harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property , including injury to LESSEE's officers, employees, invitees, guests, agents, or contractors, which arise out of or are in any manner directly or indirectly connected with this Lease, LESSEE's acts or omissions in the performance of its obligations under this Lease, and all expenses of investigating and defending against same , including without limitation attorneys ' fees and costs ; provided, however, that LESSEE 's duty to indemnify and hold CITY harmless shall not include any established liability arising from the sole negligence or intentional misconduct of CITY Indemnities. CITY may, at its own discretion , conduct the defense, or participate in the defense, of any claim related in any way to this indemnification. If the CITY elects to conduct its own defense, participate in its own defense , or obtain independent legal counsel in defense of any claim related to this indemnification, CITY shall pay for its costs related thereto , including, without limitation , attorneys' fees and costs .
Except as otherwise provided in this Section 16, CITY shall protect, defend , indemnify, and hold LESSEE and its elected and appointed officials , officers , employees , representatives, and agents (collectively , the "LESSEE Indemnities") harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to CITY Indemnities, which arise out of or are in any manner directly or indirectly connected with this Lease, CITY's acts or omissions in the performance of its obligations under this Lease, and all expenses of investigating and defending against same , including without limitation attorneys' fees and costs ; provided, however, that CITY's duty to indemnify and hold LESSEE harmless shall not include any established liability arising from the sole negligence or intentional misconduct of LESSEE Indemnities . LESSEE may , at its own discretion, conduct the defense, or participate in the defense, of any claim related in any way to this indemnification . If the LESSEE elects to conduct its own defense , participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification, LESSEE shall pay for its costs related thereto, including, without limitation, attorneys' fees and costs.
17. Insurance. Prior to the Lease Effective Date, LESSEE shall have : (a) obtained, and upon the CITY 's request provided to the City, insurance certificates reflecting evidence of all insurance required below . LESSEE's liabilities, including but not limited to LESSEE's indemnity obligations, under this Lease, shall not be deemed limited in any way to the insurance coverage required herein. Maintenance of specified insurance coverage is a material element of this Lease and LESSEE 's failure to maintain or renew coverage or to provide evidence of renewal during the Term of this Lease may be treated as a material breach of contract by the City. The LESSEE shall not modify any policy or endorsement thereto which increases the City's exposure to loss for the duration of this Lease.
17.1 Types of Insurance . At all times during the Term of this Lease, the LESSEE shall maintain insurance coverage as follows:
17.1.1 Commercial General Liability (CGL). Insurance written on an ISO Occurrence form CG 00 01 07 98 or an equivalent form providing coverage at least as broad which shall cover liability arising from any and all personal injury or property damage in the amount of $2,000,000 per occurrence and subject to an annual aggregate of $4,000,000. There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured vs. insured claims or contractual liability. All defense costs shall be outside the limits of the policy, i.e., defense costs shall not "erode" the indemnification provided under the policy.
I
17.1.2 Commercial Automobile Liability. For all of the LESSEE's automobiles including owned, hired and non-owned automobiles, the LESSEE shall keep in full force and effect, automobile insurance written on an ISO form CA 00 01 12 90 or a later version of this form or an equivalent form providing coverage at least as broad for bodily injury and property damage for a combined single limit of $1,000,000 per occurrence. Insurance certificate shall reflect coverage for any automobile (any auto).
17.1.3 Causes of Loss - Special Form Property Insurance. LESSEE shall obtain and maintain, at its sole cost, Causes of Loss - Special Form Property Insurance on all of LESSEE's insurable property related to the Allowed Uses of the Premises under this Lease or the Premises in an amount to cover one hundred percent (100%) of the replacement cost. LESSEE shall deliver a certificate of such insurance to the City Manager's Office.
17.1.4 Workers' Compensation . For all of the LESSEE's employees who are subject to this Lease and to the extent required by the applicable state or federal law, the LESSEE shall keep in full force and effect, a Workers' Compensation policy. That policy shall provide a minimum of $1,000,000 of employers' liability coverage, and the LESSEE shall provide an endorsement that the insurer waives the right of subrogation against the CITY Indemnities.
17 .2 Deductibles. All deductibles on any policy shall be the responsibility of the LESSEE and shall be disclosed to the CITY at the time the evidence of insurance is provided.
17 .3 Acceptability of Insurers. Except for the State Compensation Insurance Fund, all insurance required by this Lease shall only be carried by insurance companies with a rating of at least "A-, VI" by A.M. Best Company, that are authorized by the California Insurance Commissioner to do business in the State of California, and that have been approved by the CITY. The CITY will accept insurance provided by non-admitted, "surplus lines" carriers only 'If the carrier is authorized to do business in the State of California and is included on the List of Eligible Surplus Lines Insurers (LESLI list). All policies of insurance carried by non-admitted carriers are subject to all of the requirements for policies of insurance provided by admitted carriers described herein.
17.4 Modification. To assure protection from and against the kind and extent of risk existing with the Allowed Uses, CITY, at its reasonable discretion, may require the revision of amounts and coverage at any time by giving LESSEE thirty (30) days prior written notice. LESSEE shall also obtain any additional insurance required by CITY for new improvements, changed circumstances, or CITY's reasonable re-evaluation of risk levels related to the Allowed Uses.
17.5 Accident Reports. LESSEE shall immediately report to CITY any accident causing property damage or injury to persons on the Premises or otherwise related to the Allowed Uses. Such report shall contain the names and addresses of the involved parties, a statement of the circumstances, the date and hour of the accident, the names and addresses of any witnesses, and other pertinent information.
17.6 Required Endorsements . The following endorsements to the policies of insurance are required:
17 .6.1 Commercial General Liability Insurance Endorsements:
ADDITIONAL INSURED. To the fullest extent allowed by law including but not limited to California Insurance Code section 11580.04, the policy or policies must be endorsed to include as an Insured the City of El Cajon and its elected and appointed officials, officers, employees, agents and representatives with respect to liability arising out of (a) ongoing operations performed by LESSEE or on LESSEE's behalf, (b) LESSEE's products, (c) LESSEE's work, including but not limited to its completed operations performed by LESSEE or on its behalf, or (d) premises owned, leased, controlled or used by LESSEE.
PRIMARY AND NON-CONTRIBUTORY COVERAGE. The policy or policies must be endorsed to provide that the insurance afforded by the Commercial General Liability policy or policies is primary to any insurance or self-insurance of the City of El Cajon and its elected and appointed officials, officers, employees, agents and representatives as respects operations of the Named Insured. Any insurance maintained by the City of El Cajon and its elected and appointed officials, officers, employees, agents and representatives shall be in excess of LESSEE's insurance and shall not contribute to it.
17 .6.2 Worker's Compensation Insurance Endorsements:
WAIVER OF SUBROGATION . The Worker's Compensation policy or policies . must be endorsed to provide that the insurer will waive all rights of subrogation against the CITY and its elected and appointed officials, officers, employees , agents and representatives for losses paid under the terms of this policy or these policies which arise from work performed by the Named Insured for the CITY.
18. Entry and Inspection. LESSEE may quietly enjoy the Premises, free from unreasonable interference by CITY, except as set forth in this Lease, in the Agreement, or as reasonably required in emergency situations. During such an emergency, CITY may at all times enter and inspect the Premises and the operations conducted on the Premises and CITY shall provide LESSEE with reasonable prior verbal notice of entry. For all non-emergency situations, and except as otherwise provid~d above, CITY may at all reasonable times, enter and inspect the Premises and the operations conducted on the Premises, provided, however, that LESSEE shall have the right to accompany CITY and CITY's representatives for any such access.
19. Improvements/Alterations . Except for nonstructural work which does not exceed $1,000.00 in cost, no improvements, structures, or installations shall be constructed on the Premises, and the Premises may not be altered, by LESSEE without CITY's prior written approval, which approval shall not be unreasonably withheld. Additionally, once completed, LESSEE shall not make any structural or architectural design alterations to approved improvements, structures, or installations on the Premises without CITY's additional prior written approval.
CITY shall not unreasonably withhold permission for structural changes or improvements.
19.1. Restoration. LESSEE agrees that, upon termination of this Lease, City may require LESSEE to remove any facilities constructed and/or installed on Premises by LESSEE, unless LESSEE requests and obtains CITY's written agreement (which may be by email), at the time of CITY's approval of the improvements or alterations to be made by LESSEE, that such improvements or alterations need not be removed.
20. Liens. LESSEE shall protect, defend, indemnify, and hold CITY harmless from and against all claims for labor or materials in connection with operations, improvements, alterations, or repairs on or to the Premises and the costs of defending against such claims, including without limitation reasonable attorneys' fees. If LESSEE causes improvements, alterations, or repairs to be made to the Premises, and a lien or notice of lien is filed against the Property, LESSEE shall notify CITY of the lien within five (5) days after LESSEE first becomes aware of the existence of the lien, and within thirty (30) days after the filing either: (a) take all actions necessary to record a valid release of the lien; or (b) file with CITY a bond, cash, or other security acceptable to CITY sufficient to pay in full all claims of all persons seeking relief under the lien. If LESSEE should perform maintenance, repairs, or other work on the Premises it shall give notice to CITY in order for the CITY to post such notices of non responsibility as necessary to protect the CITY and the Premises from any liens or other charges.
21. Taxes. LESSEE shall be liable for all customary taxes levied against the LESSEE and levied against the CITY attributable solely to the Premises and applicable to the period from the Lease Effective Date until the expiration or sooner termination of this Lease. LESSEE shall not be responsible to pay any taxes that are not required or customary to be paid by the CITY.
21 .1 Possessory interest taxes. LESSEE understands and agrees that under California Revenue and Taxation Code (the "Code") section 170, this Lease may create a possessory interest in the Premises, subject to property taxation under section 170.6 of the Code, and if a possessory interest is created that LESSEE will be subject to the payment of property taxes arising from that interest. All real property taxes for the tax year in which the Lease Effective Date occurs and for the tax year in which this Lease terminates shall be apportioned and adjusted so that LESSEE shall not be responsible for any real property taxes for a period of time occurring prior to the Effective Lease Date or subsequent to the expiration of the Term and shall be adjusted so that LESSEE shall be responsible for any real property taxes attributable solely to the Premises.
22. Assignments; Subleases. LESSEE recognizes that this Lease is entered into by the CITY in consideration of LESSEE's performance of the Services on behalf of the CITY.
Therefore, if at any time the LESSEE should cease providing the Services on behalf of the CITY, whether at its election or that of the CITY, this Lease shall only be assignable to a successor entity providing the Services as selected by the CITY or, if no such successor is selected, the rent payable under this Lease shall be re-established at a fair rental value as if the LESSEE was a holdover tenant as set forth in Section 7, above. \
22.1 Licenses. The LESSEE, as a part of its Services, shall be entitled to license the use of any of the spaces in the Premises to participants in the CITY's incubator program to assist residents and other participants of the program to start small businesses in the CITY.
23. Unavoidable Delay. If the performance of an act required of CITY or LESSEE by this Lease is directly prevented or delayed by reason of strikes, lockouts, labor disputes, unusual governmental delays, acts of God, fire, floods, epidemics, pandemic, disease, illness, national, regional or local emergency, quarantine, governmental order, freight embargoes, or other causes beyond the reasonable control of the party required to perform an act, that party shall be excused from performing the act for a period equal to the period of the prevention or delay. This provision shall not apply to LESSEE's obligations to pay rent. The party claiming a delay shall notify the other party in writing within ten (10) calendar days after the beginning of any claimed delay.
24. Hazardous Substances. LESSEE shall not allow the illegal installation, storage, utilization, generation, sale or release of hazardous or otherwise regulated substances in, on, under, or from the Premises. LESSEE and LESSEE's agents and contractors shall not install, store, utilize, generate, or sell any Hazardous Substance on the Premises without CITY's prior written consent. LESSEE shall obtain and maintain all required licenses and permits from applicable regulatory agencies, including without limitation the San Diego County Department of Environmental Health, local fire agencies, the San Diego County Department of Weights and Measures, the San Diego County Air Pollution Control District, and the San Diego Regional Water Quality Control Board. Installing, utilizing, storing, or any other presence of a hazardous substance includes boxes, bags, bottles, drums, cylinders, above or below ground tanks, equipment with tanks, or any other type of container, equipment, or device which holds or incorporates a Hazardous Substance or hazardous waste.
24.1. Release. For the purposes of this provision, a "release" shall include without limitation any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or otherwise disposing of Hazardous Substances.
24.2. Hazardous Substance. "Hazardous Substance" shall mean any hazardous liquid, solid, or gaseous material substances listed by the Environmental Protection Agency or the State of California as a hazardous substance, and all types of petroleum-related substances and their chemical constituents.
24.3. Remediation. If LESSEE's occupancy, use, development, maintenance, or restoration of the Premises results in a release of a Hazardous Substance, LESSEE shall pay all costs of remediation and removal to the CITY's satisfaction for unrestricted reuse of the Premises, and in accordance with all applicable laws, rules, and regulations of governmental authorities.
24.4. Removal. If LESSEE or LESSEE's contractor or agent has received approval and permits to store, utilize, generate, or install, or otherwise bring Hazardous Substances or hazardous wastes to the Premises, LESSEE and/or LESSEE's contractor or agent shall remove all Hazardous Substances and hazardous wastes in any type of container , equipment, or device from the Premises immediately upon, the expiration of the said approval or permit, or prior to the expiration or earlier termination of this Lease whichever occurs first. CITY reserves the right to conduct inspections of the Premises and/or request documentation demonst rating the legal removal and/or disposal of the Hazardous Substances and/or hazardous wastes , containers , equipment , or devices from the Premises . LESSEE shall be responsible for any and all costs incurred by CITY to remove any container , equipment, or device requiring disposal or removal as required by this provision. Notwithstanding anything to the contrary in this Lease, in no event shall LESSEE be required to remove , clean-up or otherwise remediate, or pay any costs with respect to, any Hazardous Substances not brought onto the Premises during the Term by or for LESSEE.
24.5. Notice of Release. If LESSEE knows or has reasonable cause to believe that a Hazardous Substance has been released on , from, or beneath the Premises , LESSEE shall immediately notify CITY and any appropriate regulatory or reporting agency as required by California Administrative Code Title 19 and any other applicable laws or regulations. LESSEE shall deliver a written report thereof to CITY within three (3) days after receipt of the knowledge or cause for belief and submit any required written reports to regulatory or reporting agencies as required by regulation or law. If LESSEE knows or has reasonable cause to believe that such substance is an imminent release or is an imminent substantial danger to public health and safety, LESSEE shall take all actions necessary to alleviate the danger . LESSEE shall immediately notify CITY in writing of any violation, notice to comply , or notice of violation received or the initiation of environmental actions or private suits related to the Premises.
25. Notices. Any notice required or permitted to be given under this Lease shall be in writing and may be served personally or by United States mail, postage prepaid or by email (provided such notice is concurrently sent pursuant to at least one (1) of the other permitted means), addressed as follows :
If to LESSEE:
CHALDEAN COMMUNITY CENTER
Attention: -----------
Email: - ------- - ---
If to CITY:
THE CITY OF EL CAJON
Attention : City Manager's Office
200 Civic Center Way
El Cajon, California 92020
Email: --------
26. Compliance with Law. LESSEE shall at all times in the construction, maintenance , occupancy, restoration and operation of the Premises comply with all applicable laws, rules, regulations, and requirements of competent legal authority at LESSEE's sole cost and expense . LESSEE shall promptly deliver to City copies of all documentary evidence of such compliance received by or otherwise available to LESSEE (e.g., validation of periodic inspection of LESSEE 's fire-suppression equipment in the Premises). In addition, LESSEE shall comply with any and all notices issued by the City Manager or designee under the authority of any law, statute, ordinance, or regulation.
27. California Public Records Act. LESSEE understands that the CITY is subject to California laws related to transparency in government (also referred to as "sunshine laws"), including those related to the inspection of public records. LESSEE agrees that CITY shall determine, in its sole discretion, whether information provided to CITY by LEzSSEE pursuant to this Lease is or is not a public record subject to disclosure under the California Public Records Act (the "CPRA"). LESSEE shall hold CITY, its elected officials, officers and employees harmless for CITY's disclosure of any such information in response to a request for information under the CPRA.
28. Nondiscrimination. This Lease is made and accepted upon and subject to the covenant and condition, which shall run with the land, that LESSEE or any person claiming under or through LESSEE shall not establish or allow any discrimination against or segregation of any person or group of persons on account of race, color, religion, gender, gender identity, gender expression, disability, sexual orientation, marital status, national origin, ancestry, familial status, or source of income in the possession, use and occupancy of the Premises, the operation of Services provided on behalf of the CITY, or in the selection, location, number, use or occupancy of tenants, subtenants or vendees in the Premises.
29. Stormwater and Non-Stormwater Discharges.
29.1 The Premises are subject to federal, state and local laws regarding the discharge of pollutants into the stormwater conveyance system in stormwater and non-stormwater. The programs established by these laws regulate existing activities, the construction process, and impose design requirements on new development and redevelopment. The development related parts of the local stormwater program implement a region-wide model plan, the Standard Urban Stormwater Management Plan or "SUSMP", through the development, installation, implementation and maintenance of pollution prevention measures, source control measures, and Best Management Practices (BMPs). BMPs can include operational practices; water or pollutant management practices; physical site features; or devices to remove pollutants from stormwater, to affect the flow of stormwater or to infiltrate stormwater to the ground. CITY shall, at its sole cost and expense, be responsible for any and all costs and expenses in maintaining compliance with such federal, state and local laws, including, without limitation, SUSMP and BMPs.
29.2 LESSEE is required and agrees to use, operate, maintain, the Premises in accordance with all applicable federal and state laws restricting the discharge of non-stormwater at or from the Premises and all such implementing regulations or guidance. LESSEE further agrees to conform to the specifications in the City of El Cajon Watershed Protection, Stormwater Management, and Discharge Control Ordinance, El Cajon Municipal Code Chapter 13.10, as the same may be amended from time to time by the City Council or the Director of Public Works, respectively, in each case to the extent applicable to the Premises.
29.3 LESSEE understands and acknowledges that the stormwater and non-stormwater requirements applicable to the Premises and to Lessee may be changed from time to time by federal, state and/or local authorities, and that additional requirements may become applicable based on changes in Lessee's activities or changes to the Premises performed by LESSEE. CITY may amend its SUSMP in response to such changes, and LESSEE may amend its Stormwater Pollution Prevention Plan or "SWPPP" provided however, any amendment to the then current SWPPP shall be mutually agreeable to City and LESSEE.
LESSEE agrees to develop, install, implement, and maintain such additional BMPs and/or other pollution control practices as required by applicable federal and state laws at the Premises at LESSEE's sole cost and expense, provided that, in no event shall LESSEE be obligated to make any repairs, improvements or replacements to the Property or to pollution control devices to comply with federal, state and local laws regarding the discharge of pollutants into the stormwater conveyance system or to comply with other pollution control practices as required by applicable federal, state and local laws. To the extent there is a conflict between any federal and state law, LESSEE shall be obligated to comply with the more restrictive provision. LESSEE shall provide CITY with unrestricted access to the Premises and/or all pertinent records upon seven (7) days written notice for the purpose of monitoring the implementation and maintenance of required BMPs and/or other pollution control devices at the Premises. Failure to provide CITY with access or to implement, develop, install, and maintain any pollution control practices or BMPs required by this Section beyond any applicable notice and cure period shall constitute a default of this Lease. To the extent changes in SWPPP are necessary due to changes to the Premises undertaken by the CITY or an exercise of any reserved rights of the CITY, CITY shall be responsible, at its sole cost and expense, for development, installation, implementation and maintaining additional BMPs and/or other pollution control practices as required by applicable federal, state and local laws.
30. Cumulative Remedies. CITY's rights and remedies under this Lease are cumulative and shall not limit or otherwise waive or deny any of CITY's rights or remedies at law or in equity.
31. Survival. Any obligation which accrues under this Lease prior to its expiration or termination shall survive such expiration or termination.
32. Joint and Several Liability. If LESSEE is comprised of more than one person or legal entity, such persons and entities, and each of them, shall be jointly and severally liable for the performance of each and every obligation of LESSEE under this Lease.
33. No Affiliation. Nothing contained in this Lease shall be deemed or construed to create a partnership, joint venture, or other affiliation between CITY and LESSEE or between CITY and any other entity or party, or cause CITY to be responsible in any way for the debts or obligations of LESSEE or any other party or entity.
34. Brokers. LESSEE and CITY warrant that they have had no dealings with any real estate broker or agent in connection with the negotiation and/or execution of this Lease and each covenants to pay, hold harmless and indemnify the other from claims for monies owed.
35. Captions. The captions, headings and index appearing in this Lease are inserted for convenience only and in no way define, limit, construe, or describe the scope or intent of the provisions of this Lease.
36. Interpretation. The parties have each agreed to the use of the particular language of the provisions of this Lease, and any question of doubtful interpretation shall not be resolved by any rule of interpretation providing for interpretation against the parties who cause an uncertainty to exist or against the draftsperson.
37. Entire Agreement and Understanding. This Lease constitutes the entire agreement between the parties and supersedes any and all prior understandings, representations , warranties , and agreements between them pertaining to this Lease and LESSEE's occupancy, use, development, maintenance, and restoration of the Premises. Any modification, alteration, or amendment of this Lease shall be in writing and signed by all the parties hereto. Each party has relied on its own examination of the Premises, advice from its own attorneys, and the warranties, representations, and covenants of the Lease itself. Each of the parties to this Lease agrees that no other party, agent, or attorney of any other party has made any promise, representation, or warranty whatsoever which is not contained in this Lease. The failure or refusal of any party to read the Lease or other documents, inspect the Premises, and obtain legal or other advice relevant to this transaction constitutes a waiver of any objection, contention, or claim that might have been based on these actions.
38. Modification. The provisions of this Lease may not be modified, except by a written instrument signed by both parties.
39. Exhibits. All exhibits referred to herein are attached hereto and incorporated by reference.
40. Force Majeure. In the event either party is prevented or delayed from performing any act or discharging any obligation hereunder, except for the payment of rent by LESSEE, because of any and all causes beyond either party's reasonable control, including unusual delays in deliveries, abnormal adverse weather conditions, unavoidable casualties, strikes, labor disputes, inability to obtain labor, materials or equipment, acts of God, pandemic, disease, illness, national, regional or local emergency, quarantine, governmental restrictions, regulations or controls, any hostile government actions, civil commotion and fire or other casualty, legal actions attacking the validity of this Lease or the CITYs occupancy of the Premises, or any other casualties beyond the reasonable control of either party except casualties resulting from Lessee's negligent operation or maintenance of the Premises ("Force Majeure"), performance of such act shall be excused for the period of such delay, and the period for performance of such act shall be extended for a period equivalent to the period of such delay. Force Majeure shall not include any bankruptcy, insolvency, or other financial inability on the part of either party hereto. However, nothing in this Section shall excuse LESSEE from the prompt payment of any rental or other charge required of LESSEE, except as may be expressly provided elsewhere in this Lease.
41 . Governing Law. This Lease shall be governed, construed and enforced in accordance with the laws of the State of California. Any action to interpret or enforce this Lease shall be brought in the Superior Court in San Diego County, Central Division. LESSEE hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394.
42. Partial Invalidity. If any term, covenant, condition, or provision of this Lease is found invalid, void, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
43. Successors & Assigns. This Lease shall be binding on, and inure to the benefit of, the parties and their successors and assigns, all of whom shall be jointly and severally liable hereunder, except as may otherwise be provided herein.
44. Standard of Employees. LESSEE and its employees shall at all times conduct themselves and the operations on the Premises in a creditable manner, as determined by CITY in its sole reasonable discretion .
45. Conformity . The policies established by LESSEE for the operation of the Premises shall conform to the general policies established by CITY for the use and operation of similar CITY owned properties.
46. Waiver. No provision of this Lease or the breach thereof shall be deemed waived , except by written consent of the party against whom the waiver is claimed. The waiver by City of any breach of any term, covenant or condition contained in this Lease shall not be deemed to be a waiver of such term, covenant or condition of any subsequent breach thereof, or of any other term, covenant or condition contained in this Lease. City's subsequent acceptance of partial rent or performance by Lessee shall not be deemed to be an accord and satisfaction or a waiver of any preceding breach by Lessee of any term, covenant or condition of this Lease or of any right of City to a forfeiture of the Lease by reason of such breach, regardless of City's knowledge of such preceding breach at the time of City's acceptance . The failure on the part of City to require exact or full and complete compliance with any of the covenants, conditions of agreements of this Lease shall not be construed as in any manner changing or waiving the terms of this Lease or as estopping City from enforcing in full the provisions hereof. No custom or practice which may arise or grow up between the parties hereto in the course of administering this Lease shall be construed to waive, estop or in any way lessen the right of City to insist upon the full performance of, or compliance with, any term, covenant or condition hereof by Lessee, or construed to inhibit or prevent the rights of City to exercise its rights with respect to any default, dereliction or breach of this Lease by Lessee.
47. Special Provisions. Lessee and City agree that in the event there is any conflict between the following special provisions and any other provisions of this Lease as set forth hereinabove, the following special provisions shall govern:
47.1 LESSEE agrees that, upon termination of this Lease, facilities constructed and/or installed on Premises by LESSEE will become the sole property of the CITY and LESSEE hereby releases any claim to said facilities . Notwithstanding the foregoing , CITY may require LESSEE to remove any facilities constructed and/or installed on Premises by LESSEE, at LESSEE's own expense upon termination of this Lease.
48. Related Governmental Actions and Approvals . By entering into this Lease, the CITY is not obligating itself to any other government agent, board, commission , or agency with regard to any other discretionary action relating to development or operation of the Premises.
Discretionary action includes, but is not limited to, rezoning , variances , environmental clearances , or any other governmental agency approvals which may be required for the development and operation of the Premises. LESSEE shall be solely responsible for processing all land use, development, and construction approvals required for the use and occupancy of the Premises. This Lease shall not be interpreted by any decision-maker on any CITY-issued permit or approval to override or dictate the outcome of any findings required for any permit or development approval.
49. Authority to Contract. Each individual executing this Lease on behalf of another person or legal entity represents and warrants that they are authorized to execute and deliver this Lease on behalf of such person or entity in accordance with duly adopted resolutions or other authorizing actions which are necessary and proper and under such legal entity's articles, charter, bylaws, or other written rules of conduct or governing agreement, and that this Lease is binding upon such person or entity in accordance with its terms. Each person executing this Lease on behalf of another person or legal entity represents and warrants such entity is a valid, qualified corporation, limited liability company, partnership, or other unincorporated association in good standing in its home state and that such entity is qualified to do business in California.
50. Counterparts/Electronic Signatures. This Lease may be executed in any number of counterparts, each of which shall be deemed an original and all of which together shall constitute a fully executed agreement, with the same effect and validity as a single, original agreement signed by all of the parties. Signed copies of this Lease or of the signature pages hereto may be exchanged by mail (either United States Postal Service or via reputable overnight carrier) or by e-mail in pdf or other printable format and any such method shall be equally binding on the parties and shall have the same legal effect as delivery of an original executed copy of this Lease for all purposes, and in all circumstances, including, but not limited to, collection, admissibility, authentication, or any other legal purpose. CITY acknowledges and agrees that LESSEE may from time to time retain information and documents electronically (such as in optical, digital or other electronic storage and retrieval system) and destroy the original documents.
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IN WITNESS WHEREOF, the parties hereto have set their hands on the date first above written.
LESSOR:
CITY OF EL CAJON
By:---------------
ATTEST : _____________ _
LESSEE:
CHALDEAN COMMUNITY CENTER
By:---------------Its: _______________ _
ATTEST: --------------
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
(Suites __ , Second Floor)
For APN/Parcel ID(s): 488-242-43-00
PARCEL 1 OF PARCEL MAP NO. 16704, IN THE CITY OF EL CAJON, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY.
EXHIBIT "B"
Scope of Work from the Request for Proposal (RFP) for a "Small Business Incubator Operator" and Response from the Chaldean Commun ity Council to said RFP.
SMALL BUSINESS INCUBATOR OPERATOR
RFP NO. 023-24
Due: October 24, 2023
II. SCOPE OF WORK
The City seeks an organization that can serve a minimum of five businesses annually through the Incubator. The City aims for the Incubator to be a supportive environment for a wide range of startups and early-stage businesses, helping them to grow and locate in El Cajon or neighboring communities . It is anticipated that the entity operating the Incubator will:
o Solicit local entrepreneurs interested in participating in the Incubator; o Outfit workspace areas in the approximate 3,000 square feet of office space provided by the City- the organization may also secure specialty equipment and other space offsite to provide support for the participating businesses such as 3-D printers, commercial kitchen space, etc.;
o Provide a mentorship and coaching program for Incubator participants in the areas of strategy , marketing, finance , and other critical business areas; o Help Incubator participants accessing capital and funding; o Provide workshops and training in the areas of business planning , marketing , legal compliance, accounting , etc.;
o Create opportunities for networking for Incubator participants; o Offer marketing and branding assistance ; and
o Prepare Incubator participants in their investor pitches and presentations .
The City recognizes that other services may be offered as part of the Incubator.
El Cajon Small Business Incubator
Proposal
Noori Barka, PhD
Allen Hilantu, MSBA
Kaye Turpin, M.A.
ORGANIZATION
The El Cajon Small Business Incubator (ECSBI) is dedicated to empowering and catalyzing the successful growth of start up and small businesses in El Cajon with a special focus on uplifting the newcomer and refugee community. The incubator offers qualified businesses office space, personalized mentorship, extensive networks, comprehensive business support , workshops, marketing and branding assistance, funding, financial resources, and all the essential tools required to thrive and expand their ventures . Through this comprehensive support system, ECSBI not only aids individual businesses but also contributes to the broader economic vitality of the El Cajon community.
EXPERIENCE
The El Cajon Small Business Incubator (ECSBI) has a clear and unwavering mission to promote the growth and success of startups and small businesses within El Cajon, with a special focus on uplifting the newcomer and refugee community. By offering selected businesses access to an extensive array of vital resources-including accommodating office space, personalized mentorship, wide-ranging network connections, and various other critical business support services-ECSBI plays a pivotal role in their development journey. Additionally, the incubator enriches these businesses with practical workshops, expertise in marketing and branding , financial resources, and every essential tool they might need to thrive and expand in their respective markets.
Through this comprehensive support system, ECSBI not only aids individual businesses but also contributes to the broader economic vitality of the El Cajon community.
The incubator will operate under the experienced guidance of Noori Barka, Ph.D., Allen Hilantu, MSBA-FTP, and Kaye Turpin, nonprofit administrator/fundraiser. Each of these members shall bring a wealth of knowledge and expertise to build and empower the incubator. They will be actively supported by an immediate network of local community leaders who agreed to serve on the incubator's advisory board, helping to guide and shape the program effectively.
Noori Barka, Ph.D: President
Dr. Barka is a longtime resident of El Cajon and has over 30 years of business experience. He is the founder of over 25 small businesses in East San Diego County including 3 biotech companies, 2 schools, 2 restaurants/banquet halls, Adult day care, and other retail businesses.
Dr. Barka founded 5 nonprofit organizations to serve new comers and refugees from the Middle East; the Chaldean community council, Chaldean American annual festival, Kidinnu Charter school, Chaldean Radio, and Hope for Iraqi Christians.
Dr. Barka served as a board member at East County Chamber of commerce, East County Economic development, San Diego Leadership Forum, East County Boys and Girls Club and currently, he is a board member at Grossmont Hospital Foundation.
In 2015, Dr. Barka and city council member, Tony Ambrose submitted the first proposal of a small business incubator in the city of El Cajon. The proposal was approved by the city council and a funding of $10,000 were funded to start the process. However, the project was placed on hold as the city couldn't locate a space for the incubator.
Recently, Dr. Barka approached El Cajon city to reactivate the incubator project using the space available at the Chaldean Community Council building located at 405 East Lexington Ave in El-Cajon, which resulted in the current RFP.
Dr. Barka is a well-known community leader, widely recognized for his unwavering dedication to the El Cajon community. He is also a prominent philanthropist who puts a lot of time and effort to empower his people. Having thoroughly studied the incubator concept, Dr. Barka is convinced of its potential to significantly enhance the economy and support the growth of small businesses in El Cajon. Dr. Barka is not pursuing any compensation for his involvement in the incubator project; he will continue to serve as a dedicated volunteer and will be among the first to donate.
Allen Hilantu: Director of Operations
Allen has 6 years of experience in the corporate sector of financial services. He has worked with thousands of financial advisors who run their own practices and has also worked with tens of thousands of clients from all different backgrounds.
He has seen what kinds of businesses thrive and how they are successful through his exposure to such broad demographics. Not to mention Mr. Hilantu has a bachelor's degree in accounting and a master's degree in tax and finance. The two gentlemen have observed operations of several incubators in San Diego as well. The combined wisdom, education, and experience of these two gentlemen is sure to be conducive to a successful incubator.
Kaye Turpin: Director of Business Development
Kaye Turpin brings a plethora of knowledge, wisdom, and experience to the organization. She has a Master's degree in Nonprofit Leadership from the University of San Diego. Her experience is fully detailed in the attached resume, but a few highlights are as follows. Apart from raising millions of dollars for multiple nonprofit organizations, she sits on several boards for other nonprofit organizations.
El Cajon Incubator Advisory board:
The incubator will be supported by the following prominent local community and business leaders, representing a wide range of expertise from business, nonprofit sectors, and academia:
1. Mr. Rick Wilson: President, SDEC Chamber of Commerce
2. Mr. James Sty: President, ECEDC
3. Dr. David Miyashiro: Superintendent, CVUSD
4. Dr. Javier Ayala: Dean, Grossmont College
5. Mr. Saif Alhakeem: Regional Director, PCG
6. Ibrahim Ahmed, Legislative Advisor to Supervisor Joel Anderson of the San Diego County Board of Supervisors
7. Dr. Hala Madanat, PhD: Vice President for Research and Innovation at San Diego State University
8. Rawnaq Behnam: Herbert Wertheim School of Public Health and Human Longevity Science at UC San Diego
9. Dr. Gary Woods, PhD: Governing board member for Grossmont Union High School District
10. Mitch Johnson: Senior Programs Manager at the International Rescue Committee
BUSINESS PLAN
The incubator will focus on small businesses that want to start and remain in Et Cajon.
The incubator will be open to all qualified candidates, but will be tailored to support talented newcomers who may have skills and education from their home country, but when they get to America there can be many barriers for them to enter the business world. They may lack the acumen or the resources necessary to start and form a business. That is where the incubator will assist in a variety of ways depending on where a prospect is in their process. Acknowledging the distinct challenges these businesses encounter, our concept revolves around the notion that fostering local entrepreneurship can greatly enhance regional development.
The array of businesses we aim to support through our incubator is diverse, spanning sectors like health services, restaurants, education, design, art, and more. We're open to any small business that aligns with our location's capacity and the space we have to offer. Recognizing the unique nature of each candidate and the varying stages of their business development, we are committed to providing a tailored evaluation to determine their fit with our incubator. Beyond business support, we are also dedicated to assisting entrepreneurs in overcoming language barriers and navigating the equivalency of certificates or degrees obtained in their home countries.
This is why we will focus our incubator on the immigrant community. Through our efforts and theirs, they will be able to see that with hard work and a hand up where needed, it is possible to be successful in America regardless of where you start.
This is how the process would look for a candidate:
Incubation Process
8 8
APPLICATION SCREENING BOARD APPROVAL BUSINESS SET UP RUN THE BUSINESS 08 PROVIDE CONTINUOUS GRADUATE AND GIVE
FUNDING AND BACK
SUPPORT
SERVICES OFFERED
ECSBI offers an array of services designed to empower small and startup businesses and set them on a path to success. Our services are strategically developed to address the common challenges that these businesses face and provide them with the resources they need to grow and thrive.
1. Office Space: ECSBI offers shared and private office spaces in a professional and collaborative environment. These spaces are equipped with necessary business amenities and provide a conducive environment for businesses to operate and grow.
We have access to this office space in our building along with desks, computers, chairs, printers, a break room, and restrooms on site.
2. Personalized Mentorship: We connect entrepreneurs with experienced mentors in their respective industries. These mentors provide personalized guidance to help businesses overcome challenges, make informed decisions, and plan for growth.
We have a network and board of successful professionals that our prospects will have access to.
3. Networking Opportunities: We organize regular networking events that provide businesses the opportunity to connect with industry leaders, potential investors, fellow entrepreneurs, and other valuable contacts. These relationships can open doors to new opportunities and collaborations. We have access to local venues that can assist with holding these events.
4. Business Training and Workshops: ECSBI conducts workshops on a range of business- related topics, such as marketing, branding, financial management, strategic planning, and more. These workshops are designed to enhance the skills and knowledge of entrepreneurs and equip them with the tools they need to manage and grow their businesses effectively. These can be executed in the classroom that we have in our building.
5. Financial Resources: We assist businesses in identifying and securing financial resources. This includes guidance on applying for business grants and loans, connecting with potential investors, and managing finances effectively.
6. Marketing and Branding Assistance: ECSBI offers support to businesses in developing effective marketing and branding strategies. This includes assistance with creating a strong brand identity, developing and implementing marketing plans, and utilizing digital marketing tools. Through our media outlet onsite, we can reach over 80,000 people. Not to mention we have a photography studio where we can produce photos and videos for the businesses that need it. This would all be done by our organization called Empower My Brand.
7. Business Support Services: We provide businesses with a range'of support services, including administrative support, business planning, legal and accounting advice, and more. These services are designed to relieve entrepreneurs of some of the administrative burdens and allow them to focus more on their core business activities. We have access to these services through our network of direct and indirect employees and stakeholders in our organization.
FINANCING PLAN
Funding Model for ESBI:
1. Federal and state grants shall be a viable option for funding the incubator. These grants often come from various governmental agencies that aim to stimulate economic development, foster innovation, and support small businesses and startups, especially in communities with specific needs like those of newcomers and refugees. Our grant writer, Ms. Kaye Turpin has a great experience in obtaining these grants
2. Support from private donors and corporations approached by our consultant, Ms.
Kaye Turpin.
3. Private investors contribution to support the candidates within the incubator . This financial backing is crucial, as it not only provides the necessary capital for startups to scale their operations but also strengthens the overall ecosystem of the incubator.
By investing in these emerging businesses, investors play a pivotal role in fueling , innovation and driving economic growth in the local community. Furthermore, these investments can offer investors access to a pipeline of promising startups, potentially leading to profitable returns and long-term partnerships.
4. Local Business Sponsorships: We started a membership program to promote local businesses in San Diego through our social media outlets including the Chaldean radio. We charge monthly fees based on the specific need for each business starting from $500 per month. We do video production, live interviews , product photography, commercial ads, merchandise production and other related marketing campaigns.
5.. Partnerships: We started approaching our partners to provide support to our incubator including but not limited to: East County Chamber of Commerce, East County Economic Development Council, Public Consulting Group (PCG), IRC, Local colleges and Universities.
6. City's Contribution: We are indeed grateful for the city's commitment to provide the building space. Moreover, the idea of offering post-graduation grants to businesses that set up within the city limits is commendable and aligns perfectly with our vision of fostering local entrepreneurship.
7. Repayment Mechanism for businesses benefiting from ESBI could repay through a flexible model. This might include a modest percentage of their profits over a specified period or a fixed repayment rate. Additionally, businesses might also contribute in-kind, such as offering free workshops or mentoring subsequent incubator entrants .
creation , and the tangible economic benefits they bring to our community. Each business will have a different path to fully being able to be on their own. We will have owr own proprietary assessmen t of when businesses are ready to graduate based on revenue, amount of clientele, and overall knowledge the business owner has obtained through our program. We would ensure they are ready to not only be on their own, but flourish on their own so they can continue to be a productive tax paying business in the local community.
READINESS TO OPERATE
Upon approval, we can operate as of January 2024.
City Council
Agenda Report
Agenda Item 14.
DATE: April 23, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Mayor Wells
SUBJECT: Council Activity Report
RECOMMENDATION:
That the City Council accepts and files the following report of Council/Mayor activities attended during the current agenda period.
BACKGROUND:
Government Code Section 53232.3(d) requires members of a legislative body to provide brief reports on meetings attended at the expense of the local agency at the next regular meeting of the legislative body. This City Administrative Activity is not a project and therefore not subject to CEQA.
REPORT:
Since the last City Council meeting, I have attended the following events on behalf of the City of El Cajon:
April 10, 2024 – Stand With Us Event
April 11, 2024 – Chaldean Community Council Event
April 12, 2024 – New York Post Interview
April 12, 2024 – SANDAG Board of Directors Meeting
April 13, 2023 – American Legion Annual State Convention April 15, 2023 – Interview with French Press
April 17, 2023 – Police Department Volunteer Luncheon
April 18, 2024 – USD Economics Council
April 20, 2024 – Lions Club Casino Night
April 23, 2023 – Police Appreciation Lunch
April 23, 2023 – City Council Meeting(s)
I am available to answer questions.
Submitted By: Bill Wells, Mayor
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City Council
Agenda Report
Agenda Item 15.
DATE: April 23, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Councilmember Goble
SUBJECT: COUNCILMEMBER STEVE GOBLE
MTS (Metropolitan Transit System Board); East County Advanced Water Purification Joint Powers Authority Board; Chamber of Commerce – Government Affairs Committee; SANDAG – Board of Directors – Alternate; SANDAG Public Safety Committee – Alternate.
RECOMMENDATION:
That the City Council accepts and files the following report of Council/Mayor activities attended during the current agenda period.
BACKGROUND:
Government Code Section 53232.3(d) requires members of a legislative body to provide brief reports on meetings attended at the expense of the local agency at the next regular meeting of the legislative body. This City Administrative Activity is not a project and therefore not subject to CEQA.
REPORT:
Since the last City Council meeting, I have attended the following events on behalf of the City of El Cajon:
April 6, 2024 - Emails with Coast Guard Area Housing Officer April 9, 2024 - Phone Call with MTS CEO regarding bus sizes April 9, 2024 - Emails with Karl P. regarding storm debris removal April 9, 2024 - Meeting with Asst City Manager
April 11, 2024 - MTS Exec Committee meeting
April 13, 2024 - Present proclamation at Arab American Heritage event April 15, 2024 - Emails with Sara H re: speeding near Meridian Elem.
April 15, 2024 - Emails with Tracy M. H. regarding Chamber meeting April 16, 2024 - Speak to Republican Women of East County April 18, 2024 - Attend East County AWP Board Meeting
April 20, 2024 - Attend Lions Club event
April 22, 2024 - Meeting with City Manager
April 23, 2024 - MTS Budget Committee meeting
April 23, 2024 - City Council meeting(s)
I am available to answer questions.
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Submitted By: Steve Goble, Councilmember
City Council
Agenda Report
Agenda Item 16.
DATE: April 23, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Councilmember Kendrick
SUBJECT: COUNCILMEMBER GARY KENDRICK
METRO Commission/Wastewater JPA; Heartland Communications; Heartland Fire Training JPA.
RECOMMENDATION:
That the City Council accepts and files the following report of Council/Mayor activities attended during the current agenda period.
BACKGROUND:
Government Code Section 53232.3(d) requires members of a legislative body to provide brief reports on meetings attended at the expense of the local agency at the next regular meeting of the legislative body. This City Administrative Activity is not a project and therefore not subject to CEQA.
REPORT:
Since the last City Council meeting, I have attended the following events on behalf of the City of El Cajon:
April 11, 2024 – Heartland Communications Authority Meeting April 17, 2024 – Vegetation & Wildfire Reduction Plan for Hillside Park Community Workshop April 23, 2024 – City Council Meeting(s)
I am available to answer questions.
Submitted By: Gary Kendrick, Councilmember
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City Council
Agenda Report
Agenda Item 17.
DATE: April 23, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Councilmember Metschel
SUBJECT: COUNCILMEMBER MICHELLE METSCHEL
Harry Griffen Park Joint Steering Committee; METRO
Commission/Wastewater JPA – Alternate; Heartland Communications – Alternate; Heartland Fire Training JPA – Alternate.
RECOMMENDATION:
That the City Council accepts and files the following report of Council/Mayor activities attended during the current agenda period.
BACKGROUND:
Government Code Section 53232.3(d) requires members of a legislative body to provide brief reports on meetings attended at the expense of the local agency at the next regular meeting of the legislative body. This City Administrative Activity is not a project and therefore not subject to CEQA.
REPORT:
Since the last City Council meeting, I have attended the following events on behalf of the City of El Cajon:
April 11, 2024 – Chaldean Community Council Business Incubator Event April 15, 2024 – Phone Calls to CalTrans and Resident regarding fencing and encampment cleanup
April 16, 2024 – Harry Griffen Park JPA Meeting
April 16, 2024 – Email with Resident regarding CalTrans fencing and encampment cleanup April 17, 2024 – El Cajon Police Department Volunteer Luncheon April 22, 2024 – Spoke at Young Republican meeting
April 23, 2024 – City Council Meeting(s)
I am available to answer questions.
Submitted By: Michelle Metschel, Councilmember
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City Council
Agenda Report
Agenda Item 18.
DATE: April 23, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Deputy Mayor Ortiz
SUBJECT: DEPUTY MAYOR PHIL ORTIZ
League of California Cities, San Diego Division; East County Economic Development Council; MTS (Metropolitan Transit System Board) – Alternate; East County Advanced Water Purification Joint Powers Authority Board – Alternate; Chamber of Commerce – Government Affairs Committee – Alternate.
RECOMMENDATION:
That the City Council accepts and files the following report of Council/Mayor activities attended during the current agenda period.
BACKGROUND:
Government Code Section 53232.3(d) requires members of a legislative body to provide brief reports on meetings attended at the expense of the local agency at the next regular meeting of the legislative body. This City Administrative Activity is not a project and therefore not subject to CEQA.
REPORT:
Since the last City Council meeting, I have attended the following events on behalf of the City of El Cajon:
April 11, 2024 – Chaldean Community Council Check Presentation April 17, 2023 – Police Department Volunteer Luncheon
April 23, 2024 – City Council Meeting(s)
I am available to answer questions.
Submitted By: Phil Ortiz, Deputy Mayor
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City Council
Agenda Report
Agenda Item 19.
DATE: April 23, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Gary Kendrick, Councilmember & Phil Ortiz, Deputy Mayor SUBJECT: Panhandling Signs
RECOMMENDATION:
That the City Council considers changing the City's panhandling signs with different messaging.
BACKGROUND:
About six years ago, the City installed "No Panhandling" signs at major intersections. Since the initial signs, the City Council modified the message on the signs. We believe that the "No Panhandling" signs are intended for motorists that may be considering giving money to those that are panhandling. We believe that it is time for the City Council to have a discussion about other messaging on the signs and would like to direct staff to bring back options for City Council consideration.
CALIFORNIA ENVIRONMENTAL QUALITY ACT:
The action being considered by the City Council is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” under Section 15378(b)(5) of CEQA Guidelines.
The action involves an organizational or administrative activity of government that will not result in a direct or indirect physical change in the environment.
FISCAL IMPACT:
None.
Prepared By: Gary Kendrick, Councilmember & Phil Ortiz, Deputy Mayor Reviewed By:
Approved By: N/A
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City Council
Agenda Report
Agenda Item 20.
DATE: April 23, 2024
TO: City Clerk
FROM: City Attorney/General Legal Counsel
SUBJECT: Closed Session - Conference with Legal Counsel - Anticipated Litigation - Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code section 54956.9: One (1) potential case RECOMMENDATION:
That the following Closed Session be scheduled for the Joint City Council / Housing Authority / Successor Agency to the El Cajon Redevelopment Agency meeting on Tuesday, April 23, 2024, at 3:00 p.m.
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION – Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code section 54956.9 Morgan L. Foley
City Attorney/General Legal Counsel
MLF:hms
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City Council
Agenda Report
Agenda Item 21.
DATE: April 23, 2024
TO: City Clerk
FROM: City Attorney/General Legal Counsel
SUBJECT: Closed Session - Conference with Real Property Negotiators - pursuant to Government Code section 54956.8:
Property:
APN 487-331-22-00
425 W. Main Street
Negotiating Party
:
Jala, Inc.
Hitesh C. Patel, CEO
City Negotiators
:
City Manager
Assistant City Manager
City Attorney
Under Negotiation
:
Price and terms of payment for acquisition of property
RECOMMENDATION:
That the following Closed Session be scheduled for the Joint City Council / Housing Authority / Successor Agency to the El Cajon Redevelopment Agency meeting on Tuesday, April 23, 2024, at 3:00 p.m.
CONFERENCE WITH REAL PROPERTY NEGOTIATORS – pursuant to Government Code section 54956.8.
Conference with real property negotiators is not a project subject to the California Environmental Quality Act (CEQA) because it is a procedural, administrative step in the process.
Conference with real property negotiators is not a project subject to the California Environmental Quality Act (CEQA) because it is a procedural, administrative step in the process.
Morgan L. Foley
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Morgan L. Foley
City Attorney/General Legal Counsel
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City Council
Agenda Report
Agenda Item 22.
DATE: April 23, 2024
TO: City Clerk
FROM: City Attorney/General Legal Counsel
SUBJECT: Closed Session - Conference with Real Property Negotiators - pursuant to Government Code section 54956.8:
Property:
APN# 482-131-16
1050 Vernon Way, El Cajon, CA 92020
Negotiating Party:
USA Waste of California Inc.
City Negotiators:
City Manager
Assistant City Manager
City Attorney
Under Negotiation:
Price and terms of payment for lease of property
RECOMMENDATION:
That the following Closed Session be scheduled for the Joint City Council / Housing Authority / Successor Agency to the El Cajon Redevelopment Agency meeting on Tuesday, April 23, 2024, at 3:00 p.m.
CONFERENCE WITH REAL PROPERTY NEGOTIATORS – pursuant to Government Code section 54956.8.
Conference with real property negotiators is not a project subject to the California Environmental Quality Act (CEQA) because it is a procedural, administrative step in the process. a
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City Council
Agenda Report
Agenda Item 23.
DATE: April 23, 2024
TO: City Clerk
FROM: City Attorney/General Legal Counsel
SUBJECT: Closed Session - Public Employee Performance Evaluation: City Manager RECOMMENDATION:
That the following Closed Session be scheduled for the Tuesday, April 23, 2024, Joint City Council / Housing Authority / Successor Agency to El Cajon Redevelopment Agency agenda at 3:00 p.m.:
Public Employee Performance Evaluation: City Manager
Morgan L. Foley
City Attorney/General Legal Counsel
MLF:hms
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