REQUEST FOR PROPOSALS 26-014
CAFÉ BUSINESS AREA AND OFFICE SPACE AT
CENTERVILLE TRAIN DEPOT
37260 FREMONT BOULEVARD
SITE LEASE & OPERATION AGREEMENT
PROPOSALS DUE NOT LATER THAN:
2:00 PM PST ON Tuesday, February 24th
Proposal Schedule
RFP Issued: Thursday, January 22, 2026
Site Visit: Thursday, February 5, 2026, 10:00 a.m.
Questions Due: Tuesday, February 10, 2026, 3:00 p.m.
Addendum issued (If needed):Tuesday, February 17, 2026
Proposals Due: Tuesday, February 24th, 2026, 2:00 p.m.
Submit Proposals to:
www.bidnetdirect.com//cityoffremont
REQUEST FOR PROPOSALS & BUSINESS PLAN FOR THE
LEASE AND OPERATION OF THE
CENTERVILLE TRAIN DEPOT CAFÉ AND OFFICE
A. PROJECT. The CITY OF FREMONT (hereinafter "City") hereby requests proposals including a business plan for the lease and operation of the Centerville Train Depot Café and/or the Office Building (hereinafter “Project”), and will receive proposals at www.bidnetdirect.com//cityoffremont up to the hour of 2:00 p.m., on the 24th day of February, 2026. Proposals may be submitted for the lease and operation of one or both of the Café and Office Building spaces.
B. SCOPE OF LEASE AND OPERATION. The City has prepared a scope for prospective operators in RFP #26-014 (which includes a description of the City’s Project Objectives) which is attached as Exhibit “A” to the Request for Proposals (“RFP”) and generally includes: lease and operation of the Cafe/Restaurant space, and/or lease and operation of the Office Building space.
B. REQUESTS FOR CLARIFICATION OF THE RFP . If any P roposer has any question regarding the meaning of any part of this RFP, or finds discrepancies in or omissions from this RFP, the Proposer shall submit to www.bidnetdirect.com a written request for an interpretation or clarification prior to the time for opening the proposals up to the end of the Question and Answer period of February 10, 2026 at 3:00 p.m.
C. SUBMITTAL OF PROPOSALS. The instructions for the submittal of proposals are set forth throughout this RFP. Generally, each proposal shall be submitted with a cover letter and three exhibits, including: (A) Business Plan for the operation, including a site plan, (B) Statement of Qualifications, (C) Terms of Proposed Lease Agreement . Proposals shall be clearly stated :
PROPOSAL FOR RFP #26-014 CENTERVILLE TRAIN DEPOT CAFÉ AND OFFICE LEASE AND OPERATIONS.
D. CITY’S REVIEW OF PROPOSALS . All responsive proposals shall be reviewed and evaluated by the City in order to determine which Proposer best meets the City’s needs for this Project. The criteria by which the City shall evaluate proposals are set forth in this RFP. The City reserves the right to reject any and all proposals or waive any irregularities in any proposal or the proposal process. The City reserves the right to negotiate the terms of the Agreement for this Project with one or more Proposers.
E. AWARD OF AGREEMENT. The City currently anticipates awarding an agreement for this Project by approximately April 7, 2026. No proposal or agreement for this Project shall be binding upon the City until the Agreement is signed by the Tenant and the City.
F. COLLUSION. This is to certify that the undersigned proposer has neither directly nor indirectly entered into an agreement, participated in any collusion, or otherwise taken any action in restraint of a free competitive process in connection with this proposal submitted this date to the City of Fremont.
All terms and conditions of this Request for Proposals have been thoroughly examined and are understood.
NAME OF PROPOSER: ____________________________________
AUTHORIZED REPRESENTATIVE: ____________________________________
SIGNATURE
____________________________________
TITLE
ADDRESS: ____________________________________
____________________________________
____________________________________
INSTRUCTIONS FOR PROPOSERS
1. 1. TIME AND PLACE OF DELIVERY OF PROPOSALS . It is the Proposer's responsibility alone to ensure that the proposal is received by the City’s Authorized Representative at the time and place identified on page 1 of this Request for Proposals (“RFP”).
2. FORMAT AND QUALITY OF PROPOSALS . All proposals shall be prepared in a clear and concise manner. Unnecessarily elaborate or glossy proposals are neither expected nor desired. The emphasis of the proposal should be on responding to the requirements set forth in this RFP.
3. PROPOSER’S SIGNATURE . An authorized representative of the Proposer shall sign the proposal on a cover letter which: (1) identifies this project by name and number; and (2) identifies the full legal name of the Proposer, along with name of contact person, address, phone number, fax number, and e -mail address; and (3) indicates Proposer’s willingness to comply with the procedures identified in this RFP, including an incorporation by reference of the four exhibits identified below.
4. CONTENTS OF PROPOSAL . The Proposer shall include in its proposal, at a minimum, the information outlined in this section 5 in a manner which demonstrates the Proposer's competence and qualifications to lease and operate the Café and/or office spaces identified in this RFP. The Proposer shall attach three separate exhibits to the cover letter proposal, including: (A) Scope of Services, which will include a business plan for the operation of the leased spaces, (B) Statement of Qualifications, (C) Terms of Proposed Lease Agreement including proposed monthly rent for one or both Café and office spaces.
4(A). Scope of Proposed Operation. The City has set forth on RFP Exhibit “A,” attached hereto and incorporated herein by reference, requirements for a business plan, background information and description of the areas for lease (Café and Office), the City’s general expectations for use of the spaces and an outline of proposed lease terms an d conditions. The description of proposed lease terms and conditions set forth on RFP Exhibit “A” and the standard sample lease attached to this RFP are presented for the primary purpose of allowing the City to compare proposals. The final terms and conditions of the Lease Agreement will be based upon RFP Exhibit “A” as well as Proposal Exhibit “A” to be submitted by the Proposer as a part of the proposal (described below) and may be the subject of negotiations between the City and the successful Proposer.
4(A)(1). Based upon the information set forth on RFP Exhibit “ A,” the Proposer shall prepare a complete description of the lease terms and operation proposed [if alternatives are submitted (i.e., Café space only; Office space only; Café &Office space together) they shall be separately labeled] which the Proposer intends to perform in order to achieve the Project Objectives. The Proposer may identify items in Proposal Exhibit “A” which differ from the Use of Premises and Lease terms outlined in RFP Exhibit “A”, however, all submittals must include the following:
4(A)(2). The Proposer shall prepare and submit a business plan for the operation of the leased areas which shall include, at a minimum the following information:
1) Executive summary; 2) Company/management team description; 3) Proposed use/description
of service(s) provided at either Café and/or Office areas; 4) Proposed activation of the Depot plaza area and Café deck space along with examples of events to be managed by proposer 5) Site plan with diagrams ; 6) Staffing plan, including number of employees and hours of operation; 7) Projected Financials, including startup costs; 8) Financial Information: Proposers shall submit a current financial statement demonstrating the financial ability to meet the obligations of the proposed lease; 9) Marketing Proposals; 10) Proposed tenant improvements; and 11) Monthly rent proposal.
4(A)(3). Disclose any past, ongoing, or potential conflicts of interest which the Tenant may have as a result of entering into a Lease Agreement with the City.
4(A)(4). Identify Proposer’s ability to comply with the City’s insurance requirements. A copy of an insurance certificate or a letter of intent to provide insurance from the issuing company (including a description of types of coverage and dollar amount limits) may be favorably considered.
4(B). Statement of Qualifications. The Proposer shall prepare a statement of qualifications (to be labeled: Proposal Exhibit “B”) which identifies:
4(B)(1). An identification of the size, stability, and capacity of Proposer’s organization, including, at a minimum, an identification of Proposer’s: (1) total number of years in operation of business of restaurant/café business and/ or type of business/function proposed for the Office, (2) total current number of employees, and (3) number of office locations (including the location of each office) and employees in each office.
5. CITY’S REVIEW OF PROPOSALS. After the proposals are received and opened by the City, the City shall review and evaluate all proposals for responsiveness to the Request for Proposals in order to determine whether the Proposer possesses the qualifications necessary for the satisfactory operation of a café/restaurant and proposed use of the office. The City may also investigate qualifications of all Proposers to whom the award is contemplated, and the City may request clarifications of proposals directly from one or more Proposers. In reviewing the proposals, the City may consider the following as well as the selection criteria set forth on page 4 of Exhibit A:
5(A). The qualifications of the Proposer and its agents and employees, to successfully operate a business of a similar type, size, and complexity as proposed for the Café and/or Building spaces.
5(B). The feasibility of the proposal based the business plan and other information submitted with the proposal.
5(C). Proposer’s understanding of the café business operation and community space desired by the City for this location based upon the clarity of the proposal and responsiveness to this RFP.
5(D). Proposer’s proposed terms and conditions for the Lease Agreement.
6. AWARD OF AGREEMENT. Upon completion of the review period, the City shall notify those Proposers who will be considered for further evaluation and negotiation. All Proposers
so notified shall make presentations and negotiate in good faith in accordance with direction from the City. Any delay caused by Proposer(s)'s failure to respond to direction from the City may lead to a rejection of the Proposal. There could be more than one successful proposer depending if proposals are submitted regarding leasing only one of the available spaces.
6(A). If the City determines, after further evaluation and negotiation, to award the Agreement, a Lease and Operations Agreement shall be sent to the successful Proposer (s) for the Proposer's signature. No proposal shall be binding upon the City until after the Lease Agreement is signed by duly authorized representatives of both Tenant and the City.
6(B). The City reserves the right to reject any or all proposals, and to waive any irregularity. The award of the Lease Agreement, if made by the City, will be based upon a total review and analysis of each proposal and projected costs.
7. PROPOSALS ARE PUBLIC RECORDS . Each proposer is hereby informed that, upon submittal of its proposal to the City in accordance with this RFP, the proposal is the property of the City.
7(A). Unless otherwise compelled by a court order, the City will not disclose any proposal while the City conducts its deliberative process in accordance with the procedures identified in this RFP.
However, after the City either awards an agreement to a successful proposer, or the City rejects all proposals, the City shall consider each proposal subject to the public disclosure requirements of the California Public Records Act (California Government Code sections 6250, et seq. ), unless there is a legal exception to public disclosure.
7(B). If a proposer believes that any portion of its proposal is subject to a legal exception to public disclosure, the Proposer shall: (1) clearly mark the relevant portions of its proposal “Confidential”; and (2) upon request from the City, identify the legal basis for exception from disclosure under the Public Records Act; and (3) the Proposer shall defend, indemnify, and hold harmless the City regarding any claim by any third party for the public disclosure of the “Confidential” portion of the proposal.
8. PROPOSAL DOCUMENT/ SUBMITTAL INFORMATION.
Those interested in competing for this contract must submit their completed, sealed proposals by 2:00 p.m. Tuesday, February 24
th to:
www.bidnetdirect.com//cityoffremont
Late submittals, and submittals by either mail, fax or e-mail, WILL NOT BE ACCEPTED.
Proposals should be properly marked with:
“SEALED PROPOSAL FOR RFP #26-014- CENTERVILLE TRAIN DEPOT CAFÉ AND
OFFICE LEASE AND OPERATIONS
Exhibit “A”
CENTERVILLE TRAIN DEPOT CAFÉ AND OFFICE
BACKGROUND INFORMATION, DESCRIPTION OF SPACES FOR LEASE AND
PROPOSAL REQUIREMENTS
The City of Fremont (City) is requesting proposals to lease and operate the Café and/or Office located within the Fremont Centerville Train Depot at 37260 Fremont Boulevard, Fremont CA. 94536. First built in 1910, the historic Centerville Train Depot is the transit hub for the Altamont Commuter Express (ACE) and Capitol Corridor (Amtrak) route trains that arrive or depart from Fremont and serves the Tri-City area. AC Transit provides bus connections at the Centerville Train Depot to bring commuters and travelers throughout Fremont and the surrounding areas. Other employer shuttle services pick up and drop off at the Centerville train station.
The Café business area is 840 square feet, while the Office area is 654 square feet and has previously been used for sales, office space, storage, and a meeting facility. A diagram of the Train Depot and Café and Office, is attached as Exhibit B. The Café is identified as “Space B” and the Office as “Space A”.
The City has a capital improvement project currently in design that will reconfigure the Centerville Train Depot plaza area and Café deck space. The goal of the project is to improve visibility of the historic Centerville Train Depot building; improve pedestr ian and bicycle access to the Depot building and train platforms; and allow the plaza area to be activated as gathering and event space for the Centerville community. The winning proposal must include in the business plan how the plaza and deck space will be activated and examples of events (e.g. farmers market, live bands, etc.) that will be managed by the Café operator. The selected proposer will have an opportunity to provide input into the various redesign elements of the plaza area and Café deck space.
BUSINESS PLAN SUBMITTAL
Proposer shall submit a business plan for operation of the Café and/or the Office . The plan shall include, at a minimum, the following information:
1) Executive summary; 2) Company/management team description; 3) Proposed use/description of service(s) provided at either Café and/or Office areas; 4) Proposed activation of the Depot plaza area and Café deck space along with examples of events to be managed by proposer 5) Site plan with diagrams ; 6) Staffing plan, including number of employees and hours of operation; 7) Projected Financials, including startup costs; 8) Financial Information: Proposers shall submit a current financial statement demonstrat ing the financial ability to meet the obligations of the proposed lease; 9) Marketing Proposals; 10) Proposed tenant improvements; and 11) Monthly rent proposal.
The plan shall recognize that Cafe/Restaurant services must be provided in accordance with all State and Federal regulations and in compliance with Alameda County Health Department regulations.
ALTERNATIVE PROPOSALS:
The City prefers that one tenant will operate both the Café (Space B) and Office (Space A) areas and that submitted proposals envision a business plan for utilizing both spaces. However, the City recognizes that future tenants may be better suited for operating only one of the available spaces (Café OR Office) and that the City could benefit from separate tenants maximizing the operation of both spaces. Therefore, the City will accept alternative proposals for operation of the individual spaces. Proposers may submit proposals fitting all three categories. Proposals should be clearly identified as Café only, Office only, or both Café and Office, and each alternative proposal should be submitted separately.
CAFÉ AREA USE AND FUNCTION
The Centerville Depot building is zoned as a public facility with permitted uses of public transit agency facility, city offices, and transit use. The Café operation is considered a legal non- conforming use (which will extend for a period of one year from the time the existing tenant vacates the premises). The City intends for the Café business area to continue to operate as a Café on the site, opening on time for the morning commute and remaining open through the evening commute to serve both the surrounding Centerville community and commuters to/from Fremont. The Café business area will be leased ‘as-is’ and the operator will need to install their own kitchen equipment to provide café service. Please note that the entire Depot facility is a registered historic building, so the Café roof cannot be altered to accommodate a traditional hood/ventilation cooking system. Any proposed tenant improvements must be reviewed and approved by the City and subject to any appropriate Alameda County Health and Safety permit requirements and inspections. Changes to facility may require upgrades to comply with current building codes.
As the primary business occupying the Centerville Train Depot building, the Café operation traditionally serves not only as a rest stop and diner for commuters and residents but as an information hub for train visitors to Fremont. It will be helpful for Proposers’ staff working in the Café to be well versed in platform assignments for the various trains that service the Centerville depot stop, transit options to/from the train station, general Fremont geography, and knowledge of the surrounding Centerville neighborhood residential and merchant community.
The Centerville Train Depot site has additional features that Café and Office lessees shall have access to, and as primary tenants of the facility shall help maintain/open/close depending on use by staff and/or customers:
1) Patio Deck – A 500 sf patio deck located on the west side of the Depot, immediately outside the Café. The deck is intended for shared use by the public and by Café customers. The Café operators may install tables/benches/chairs for use by their customers. In exchange for use of the deck, café operators shall clean up after use by café customers.
2) Restrooms – Café customers (and potential users of the Office) have access to public restrooms located immediately outside of the Café business space. These restrooms (one male, one female) are also shared by train commuters and the general public. As the only full-time businesses operating on the Centerville Train Depot facility site, Café and/or Office space operators (depending on proposals) shall open and close the restrooms at the start/end of business and monitor them throughout the day, maintaining general cleanliness. Bathroom supply stock and deep cleaning will be provided by the City’s janitorial contractor.
3) Train Waiting Room – Amtrak does not staff the Centerville Train Depot to sell tickets or provide trip information. Passengers are able to purchase tickets, directly from Amtrak via an automated ticket machine located in a 300 sf Train Waiting Room, located just east of the Office. There are no automated ACE ticket sales. Previous tenants have contracted with ACE to sell tickets, using the Office space as the sales office. The Waiting Room has seats for passengers to wait for their train indoors instead of outside on the train platform. Café or Office space operators (depending on proposals) shall open and close the Waiting room and the start/end of business and monitor the room throughout the day.
OFFICE USE AND FUNCTION
The Office is a 654-sf room located just west of the Café and restrooms that may serve a variety of uses for the tenant . Portions of the room have been used previously by Café operators as café storage for sundry items and dry goods. Previ ous tenants have obtained a ticket selling license from ACE Trains and have operated as a ticket seller out of this room. The Office has a kiosk window that opens up into the Train Waiting Room area. All intended uses of this room shall be detailed in the proposed business plan. C hanges to faci lity use may require upgrades to comply with current building codes.
PARKING
Café and Room employees and patrons have access to the Centerville Train Depot parking lot. The parking lot is accessible from Fremont Blvd. The lot is a n enforced, paid parking lot with over 100 spaces , including ADA spaces, however many spaces are taken up by commuters during standard business hours.
TENANT IMPROVEMENTS
Prospective t enants may include in their proposal expectations for rent reduction during the construction period of any improvements proposed to make the site(s) operational. Further negotiations with the C ity for any rent concessions may occur in the initial months of the lease while improvements are taking place.
LEASE DURATION
The lease agreement that will be negotiated is for an initial five -year term. The City is also open to including options for up to two additional five-year extensions (could run through 2041 if signed in 2026). A sample standard lease form is attached to this RFP . All uses are subject to building codes and zoning code requirements including parking provisions. The final lease document is subject to the approval of the Fremont City Council.
FREMONT MINIMUM WAGE
Fremont Municipal Code Chapter 5.30, Minimum Wage Ordinance, as amended from time to time.
A summary of the requirements, entitled "Minimum Wage Requirements" can be viewed at:
https://www.codepublishing.com/CA/Fremont/#!/Fremont05/Fremont0530.html
SITE VISIT
A site visit is scheduled for 10:00 a.m. Thursday, February 5th, 2026, at the Centerville Depot site located at 37260 Fremont Blvd, Fremont, CA 94536. All interest proposers are encouraged to attend.
After the site visit, an addendum may be issued to answer questions and make clarifications .
Questions regarding the RFP must be submitted via www.bidnetdirect.com.
SELECTION PROCESS
Following a thorough review of the proposals submitted, prospective lessees and operators will be invited for a panel presentation with the Selection Committee. The Selection Committee will review the proposals/business plans , interview candidates, and make the ir final recommendation for selection. The City reserves the right to reject any or all proposals, and to accept those proposals that will, in its opinion, best serve the public interest. After acceptance of the proposal by the City, City staff will negotiate a contract between the City and the successful proposer specifying the leasing terms and conditions , including occupancy dates and leasing schedule.
Should the successful proposer fail to execute the contract within the specified time, the City will have the right to negotiate with another prospective operator.
SELECTION CRITERIA
The Committee will select the most qualified prospective operator based on the criteria set forth in Section 6 of the Instructions to Proposers and the following criteria:
1. For the Café Space, demonstrated expertise as a Cafe/Restaurant operator
2. Responses to reference checks
3. Credit check
4. Proposed uses of the café space and/or office space.
5. Proposed rent and lease terms and conditions
6. Feasibility of and completeness of business plan
SCHEDULE:
RFP Issued: Thursday, January 22, 2026
Site Visit: Thursday, February 5, 2026, 10:00 a.m.
Questions Due: Tuesday, February 10, 2026, 3:00 p.m.
Addendum issued (if needed): Tuesday, February 17, 2026 Proposals Due: Tuesday, February 24
th, 2026, 2:00 p.m.
Conflict of Interest
(Signed copy must be submitted with proposal)
Each vendor must disclose any existing or potential conflict of interest relative to the performance of the contractual services as a result of this RFP/Bid. Any such relationship that might be perceived as or represent a conflict should be disclosed. By submitting a proposal in response to this RFP/Bid, vendors affirm that they have not given, nor intend to give at any time hereafter, any economic opportunity, future employment, gift, loan gratuity, special discount, trip, favor or service to a public servant or any employee or representative of same, in connection with this procurement. Any attempt to intentionally or unintentionally conceal or obfuscate a conflict of interest will automatically result in the disqualification of a vendor’s proposal. An award will not be made where a conflict of interest exists. The City will determine if a conflict of interest exists and whether it may reflect negatively on the City’s selection of a vendor. The City reserves the right to disqualify any vendor on the grounds of actual or apparent conflict of interest.
Collusion
This is to certify that the undersigned bidder has neither directly nor indirectly entered into an agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with this proposal submitted this date to City of Fremont.
All terms and conditions of this Request for Proposal have been thoroughly examined and are understood.
NAME OF BIDDER: _____________________________________
AUTHORIZED REPRESENTATIVE _____________________________________
SIGNATURE
_____________________________________
TITLE
ADDRESS _____________________________________
_____________________________________
Public Records
(Signed copy must be submitted with Proposal)
PROPOSALS ARE PUBLIC RECORDS. Each proposer is hereby informed that, upon submittal of its proposal to the City in accordance with this RFP, the proposal is the property of the City.
Unless otherwise compelled by a court order, the City will not disclose any proposal while the City conducts its deliberative process in accordance with the procedures identified in this RFP.
However, after the City either awards an agreement to a successful proposer, or the City rejects all proposals, the City shall consider each proposal subject to the public disclosure requirements of the California Public Records Act (California Government Code Sections 6250, et seq.), unless there is a legal exception to public disclosure.
If a proposer believes that any portion of its proposal is subject to a legal exception to public disclosure, the Proposer shall: (1) clearly mark the relevant portions of its proposal “Confidential”; and (2) upon request from the City, identify the legal basis for exception from disclosure under the Public Records Act; and (3) the Proposer shall defend, indemnify, and hold harmless the City regarding any claim by any third party for the public disclosure of the “Confidential” portion of the proposal.
Please check ONE (1) of the following:
☐ NO, I certify that none of the information included with this Proposal is considered confidential or proprietary.
☐ YES, I certify that this Proposal contains information considered confidential or proprietary and all such information is specifically identified within the proposal.
Reference 1
(Must be submitted with proposal)
Agency Name:
Department Name:
Address:
Contact Person:
Title:
Telephone Number:
E-Mail Address:
Name of Project:
Technology:
General Description of Products
Installed and/or Services Performed:
Dates for Performance:
Reference 2
(Must be submitted with proposal)
Agency Name:
Department Name:
Address:
Contact Person:
Title:
Telephone Number:
E-Mail Address:
Name of Project:
Technology:
General Description of Products
Installed and/or Services Performed:
Dates for Performance:
Reference 3
(Must be submitted with proposal)
Agency Name:
Department Name:
Address:
Contact Person:
Title:
Telephone Number:
E-Mail Address:
Name of Project:
Technology:
General Description of Products
Installed and/or Services Performed:
Dates for Performance:
SAMPLE LEASE
CENTERVILLE TRAIN DEPOT CAFÉ AND/OR OFFICE
LEASE AGREEMENT
LEASE FROM THE CITY OF FREMONT
TO [***INSERT LEGAL NAME OF TENANT***]
FOR CENTERVILLE TRAIN DEPOT LEASE AND OPERATIONS SITE
PREMISES LOCATED AT 37260 FREMONT BOULEVARD
APN: Portion of 501-1474-020-00
This Lease is made and entered into by and between the City of Fremont, a municipal corporation (hereinafter "City"), and _____________________________, (hereinafter "Tenant”). City and Tenant may be collectively referred to herein as the “parties.”
RECITALS
A. The City is the owner of real property located in the City of Fremont, California, and generally described as ____________, and more particularly described on Exhibit “A”, attached hereto and incorporated herein by reference (hereinafter the “Premises”).
B. Tenant desires to lease the Premises from the City, and the City desires to lease the Premises to the Tenant, in accordance with the terms and conditions of this Lease and for the general purpose of
__________________________________.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS
AND CONDITIONS IDENTIFIED HEREIN, THE PARTIES HEREBY AGREE AS FOLLOWS:
1. PREMISES. Subject to the terms and conditions set forth in this Lease, City leases to Tenant the Premises described and shown in EXHIBIT “A”. Unless specifically provided elsewhere in this Lease, Tenant accepts the Premises "as-is" as of the date this Lease was executed.
2. USE OF THE PREMISES. Tenant shall use the Premises for the purpose of _________________________________________. [If a more detailed description of use is needed, attach an exhibit: as more particularly described on Exhibit ____, attached hereto and incorporated herein by reference].
3. TERM.
3.1. Initial Term. The term of this Lease shall be for _____ [identify
months or years], with a commencement date of ________________, and an expiration date of __________________.
3.2. Holding Over. In the event Tenant continues in possession of the Premises after the expiration of the term of this Lease, such possession shall not be considered a renewal of this Lease but shall constitute a month-to-month tenancy governed by the conditions and covenants contained in this Lease.
4. TERMINATION.
4.1. Termination by City. City may terminate the Lease for any public purpose or for convenience, upon giving a minimum of 30 days written notice to vacate to the Tenant, except that the parties may agree in writing to extend the notice to vacate to 6 months.
4.2. Condition of Premises Upon Termination. Upon termination or expiration of this Lease, except as otherwise agreed to herein, Tenant shall deliver possession of the Premises to City in substantially the same condition that existed immediately prior to Tenant's occupancy, reasonable wear and tear, flood, earthquakes, war, and any act of war excepted. Any and all improvements made to the Premises (except for water pipelines installed) shall be removed, at Tenant's expense, unless City agrees in writing to waive this requirement.
5. DISPOSITION OF ABANDONED PERSONAL PROPERTY. If Tenant abandons the Premises or is dispossessed thereof by process of law or otherwise, title to any personal property belonging to Tenant and left on the Premises forty-five (45) days after such abandonment or dispossession shall be deemed to have been transferred to City to the extent allowed by law. City shall have the right to remove and dispose of such property without liability therefore to Tenant or to any person claiming under Tenant, and City shall have no need or responsibility to account for the disposed property.
6. CONSIDERATION/RENT. As consideration for Tenant's use of the Premises under this Lease, Tenant agrees to pay to City $ ____________________________ per ______________ [*identify per month or other term*], due and payable in advance.
6.1. Payments shall be delivered to the City of Fremont, Finance Department, P.O. Box 5006, Fremont, CA 94537-5006. City may change the designated place of payment at any time upon ten days written notice to Tenant. Payments may be made by check made payable to the City of Fremont; however, Tenant assumes all risk of loss if Payments are made by mail.
6.2. Acceptance of Late or Incorrect Payment: Tenant specifically agrees that City acceptance of any late or incorrect Payment submitted by Tenant shall not constitute an acquiescence or waiver by City and shall not
prevent City for enforcing late payment charges or any other remedy provided in this Lease.
7. TAXES AND ASSESSMENTS. This Lease may create a possessory interest, which is subject to the payment of taxes levied on such interest. It is understood and agreed that all taxes and assessments (including but not limited to said possessory interest tax) which become due and payable upon the Premises or upon fixtures, equipment, or other property installed or constructed thereon, shall be the full responsibility of Tenant and Tenant shall pay said taxes and assessments prior to delinquency
8. MAINTENANCE AND REPAIR. Tenant shall be responsible for maintenance and repair of all improvements related to the use of the Premises, including [*insert if applicable: roof repair, irrigation system repair, and exterior painting and structural repairs].
8.1. Tenant expressly agrees to maintain the Premises in a safe, clean, wholesome, and sanitary condition, and in substantial repair to the complete satisfaction of City and in compliance with applicable law.
Tenant further agrees to provide approved containers for trash and garbage and to keep the Premises free and clear of rubbish and litter. City shall have the right to enter upon and inspect the Premises at any time for cleanliness and safety. Notwithstanding the above provisions, Tenant shall be responsible for any damage and repair to the Premises resulting from Tenant's use of the Premises, except for normal wear and tear and for damage caused by building utilities and support systems with no fault of Tenant.
8.2. Tenant is responsible for keeping the Premises and all appurtenances in good condition and repair, and at the expiration or termination of this Lease shall surrender the same to CITY in as good condition as when received, reasonable use and wear thereof excepted.
8.3. As applicable, Tenant shall designate in writing to City an on-site representative who shall be responsible for daily operations and for the maintenance, cleanliness, and general order of the Premises.
9. HAZARDOUS AND DANGEROUS MATERIALS PROHIBITED.
9.1. No goods, merchandise or material shall be kept, stored or sold on the Premises, which are in any way dangerous, explosive or hazardous; and no illegal, offensive or dangerous trade, business or occupation shall take place or be allowed to take place on or from the Premises.
Furthermore, no activity other than as provided for in this Lease, which will increase the rate of or suspend the insurance upon, shall be allowed to occur on the Premises or upon adjacent buildings or other structures of CITY or Tenant.
9.2. No machinery or apparatus shall be used or operated on the Premises, which will in any way injure people or cause damage to
property.
9.3. In the event any hazardous or toxic materials are present on the Premises, Tenant agrees, at his sole cost to clean up same, to the satisfaction of CITY.
10. INSPECTION AND ABATEMENT. City employees and agents shall have the right at all reasonable times to inspect the Premises to determine if the provisions of this Lease are being violated and to abate any conditions or breach of this Lease. Tenant expressly consents to such entry and abatement by City.
11. GOOD NEIGHBORS. Tenant(s) shall conduct all activities on the Premises as good neighbors. Tenant shall make a good faith effort and take all reasonable steps necessary to correct any conditions causing complaints by the neighbors.
12. PERMITS AND LICENSES. Tenant shall obtain and maintain throughout the term of this Lease, all permits and/or licenses, which may be required in connection with the occupation and operation of the Premises (including any Tenant construction or repair approved by the City).
13. UNLAWFUL USE. Tenant agrees that no improvements shall be erected, placed upon, operated or maintained within the Premises, nor any activity or business conducted or carried on therein or therefrom, in violation of the terms of this Lease, or of any local, state, or federal law, regulation, statute, ordinance or legal order of a governmental agency having jurisdiction over Tenant’s use of the Premises.
14. UTILITIES. Tenant shall be responsible for and shall pay, prior to delinquency, all charges for utilities supplied to the Premises. Tenant further agrees not to interfere with any existing utility facilities on, over, under or in the Premises and will cooperate if or when any additional utility facilities are installed during the term of this Lease.
15. BUSINESS TAX. Tenant shall apply for and pay the business tax and registration tax for a business license, in accordance with Fremont Municipal Code Title 5, Chapter 5.05.
16. INSURANCE.
16.1. Tenant shall, throughout the duration of this Lease, maintain insurance to cover Tenant (including its agents, representatives, contractors, and employees) in connection with the performance of services under this Lease. This Lease identifies the minimum insurance levels with which Tenant shall comply; however, the minimum insurance levels shall not relieve Tenant of any other performance responsibilities
under this Lease (including the indemnity requirements), and Tenant may carry, at its own expense, any additional insurance it deems necessary or prudent. Concurrently with the execution of this Lease by the Tenant, and prior to the commencement of any services, the Tenant shall furnish written proof of insurance (certificates and endorsements), in a form acceptable to the City. Tenant shall provide substitute written proof of insurance no later than 30 days prior to the expiration date of any insurance policy required by this Lease.
16.2. Minimum Insurance Levels Tenant shall maintain insurance at the following minimum levels:
16.2.1. Commercial General Liability (with coverage at least as broad as ISO form CG 00 01 01 96) coverage in an amount not less than $2,000,000 general aggregate and $2,000,000 per occurrence for general liability, bodily injury, personal injury, and property damage.
16.2.2. Workers’ Compensation coverage as required by the State of California.
16.3. Endorsements. The insurance policies shall be endorsed with a form equivalent to ISO form CG 20 10 10 93, as follows:
16.3.1. For the commercial general liability insurance, the CITY (including its elected officials, employees, and agents) shall be named as additional insured.
16.3.2. Permittee’s insurance is primary to any other insurance available to the CITY with respect to any claim arising out of this Lease. Any insurance maintained by the CITY shall be excess of the Tenant’s insurance and shall not contribute with it.
16.3.3. Tenant’s insurance will not be canceled, limited, or allowed to expire without renewal until after 30 days written notice has been given to the CITY. During the term of this Agreement, Consultant will not materially alter any of the policies or reduce any of the levels of coverage afforded by its insurance policies.
16.4. Qualifications of Insurers. All insurance companies providing coverage to Tenant shall be insurance organizations authorized by the Insurance Commissioner of the State of California to transact the business of insurance in the State of California and shall have an A.M Best’s rating of not less than “A:VII.”
17. REPORTING DAMAGES. If any damage including death, personal injury or property damage occurs in connection with the performance of this Lease, Tenant shall immediately notify the City’s Risk Manager’s Office by telephone at (510) 284-4050, and Tenant shall promptly submit to the City’s Risk Manager and the City’s Authorized Representative, a written report (in a form acceptable to the City) with the following information: (a) detailed description of the damage (including the name and address of the injured party or deceased persons, and a description of the damaged property); (b) name and address of witnesses; and (c) name and address of Tenant’s insurance
company.
18. INDEMNIFICATION. Tenant shall hold harmless, defend (with legal counsel approved by the City), and indemnify City (including its officials, officers, employees, agents and volunteers) from and against any and all claims (including all litigation, demands, liabilities, costs, and expenses, and including court costs and attorney fees) resulting or arising from performance, or failure to perform, under this Lease (except for the City’s sole negligence or willful misconduct).
19. TIME. Time is of the essence of this Lease.
20. NONDISCRIMINATION. Tenant, its agents and its employees, shall not discriminate against any person related to the performance of this Lease (including any employee or applicant for employment) on the basis of race, religion, color, ancestry, age, gender, sexual orientation, national origin, physical handicap, or other protected class. Tenant shall comply with the nondiscrimination provision of the State of California Fair Employment Practices Act and with similar provisions contained in state and federal laws and orders in the conduct of their activities under this Lease.
21. COMPLIANCE WITH LAW AND STANDARD OF CARE.
Consultant shall comply with all applicable federal, state, and local laws including any applicable legal requirement imposed by Executive Orders duly issued at the federal, state and local level, whether or not said laws are expressly stated in this Agreement. Consultant shall perform services under this Agreement using a standard of care equal to, or greater than, the degree of skill and diligence ordinarily used by reputable professionals, with a level of experience and training similar to Consultant, performing under circumstances similar to those required by this Agreement.
22. DEFAULT.
22.1. If either party (“demanding party”) has a good faith belief that the other party (“defaulting party”) is not complying with the terms of this Lease, the demanding party shall give a written notice of the default (with reasonable specificity) to the defaulting party, and demand to be cured within ten days of the notice. If: (a) the defaulting party fails to cure the default within ten days of the notice, or, (b) if more than ten days are reasonably required to cure the default and the defaulting party fails to give adequate written assurance of due performance within ten days of the notice, then (c) the demanding party may terminate this Lease upon written notice to the defaulting party.
22.2. If Tenant fails to cure a default in accordance with Section 21.1, the City ‘s Authorized Representative (the City Manager or designee, the City’s
Real Property Manager), may make, or cause to be made, the necessary corrections. All costs incurred by the City in curing the default pursuant to this Section 21.2, including but not limited to the cost of labor, materials, and equipment and a 15% charge for administration and overhead, shall be paid by Tenant within 10 days of receipt of a statement of said cost from the City’s Real Property Manager. City may, at its option, choose other remedies available herein, or available by law.
23. NOTICES. All notices required or contemplated by this Lease shall be in writing and shall be delivered to the respective party as set forth in this section. Communications shall be deemed to be effective upon the first to occur of: (a) actual receipt by a party’s Authorized Representative, or (b) actual receipt at the address designated below, or (c) three working days following deposit in the United States Mail of registered or certified mail sent to the address designated below. The Authorized Representative of either party may modify their respective contact information identified in this section by providing notice to the other party.
To: City To: Tenant
Attn: [***INSERT ***]______ Attn:[***INSERT ***]______ __________________________ _________________________
__________________________ _________________________
__________________________ _________________________
__________________________ _________________________
24. HEADINGS. The heading titles for each paragraph of this Lease are included only as a guide to the contents and are not to be considered as controlling, enlarging, or restricting the interpretation of the Lease.
25. SEVERABILITY. If any term of this Lease (including any phrase, provision, covenant, or condition) is held by a court of competent jurisdiction to be invalid or unenforceable, the Lease shall be construed as not containing that term, and the remainder of this Lease shall remain in full force and effect; provided, however, this paragraph shall not be applied to the extent that it would result in a frustration of the parties’ intent under this Lease.
26. GOVERNING LAW, JURISDICTION, AND VENUE. The interpretation, validity, and enforcement of this Lease shall be governed by and by interpreted in accordance with the laws of the State of California. Any suit, claim, or legal proceeding of any kind related to this Lease shall be filed and heard in a court of competent jurisdiction in the County of Alameda.
27. ATTORNEY’S FEES. In the event any legal action is commenced to enforce this Lease, the prevailing party is entitled to reasonable attorney’s fees, costs, and expenses incurred.
28. ASSIGNMENT AND DELEGATION. This Lease, and any portion thereof, shall not be assigned or transferred, nor shall any of the Tenant’s rights or duties be delegated, without the written consent of the City. Any attempt to assign or delegate this Lease without the written consent of the City shall be void and of no force or effect. A consent by the CITY to one assignment shall not be deemed to be a consent to any subsequent assignment.
29. MODIFICATIONS. This Lease may not be modified orally or in any manner other than by an agreement in writing signed by both parties.
30. WAIVERS. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement.
31. CONFLICTS. If any conflicts arise between the terms and conditions of this Agreement and the terms and conditions of the attached exhibits or any documents expressly incorporated, the terms and conditions of this Agreement shall control.
32. ENTIRE AGREEMENT. This Lease, including all documents incorporated herein by reference, comprises the entire integrated understanding between the parties concerning the Lease. This Lease supersedes all prior negotiations, agreements, and understandings regarding this matter, whether written or oral. The documents incorporated by reference into this Lease are complementary; what is called for in one is binding as if called for in all.
33. SIGNATURES. The individuals executing this Lease represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Lease on behalf of the respective legal entities of the Tenant and the City. This Lease shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
34. COUNTERPARTS. This Agreement may be signed in counterparts, each of which shall be deemed to be an original. The Parties agree that the digital signatures of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Any digital signature shall have the same legal validity and enforceability as a manually executed signature or use of a paper-based record keeping system to the fullest extent permitted by applicable law.
IN WITNESS WHEREOF, the City and Tenant agree to the terms set forth herein.
CITY OF FREMONT: Tenant:
[***INSERT FULL LEGAL NAME***]
City Manager Title:
Date: Date:
APPROVED AS TO FORM:
City Attorney