III. MEETING PROCEDURES
THIS MEETING WAS HELD IN PERSON.
THE MEETING WAS AVAILABLE FOR VIEWING VIA ZOOM:
https://us02web.zoom.us/j/81327937629 AND VIA THE CITY'S FACEBOOK PAGE.
Public Participation Options:
1. In-Person: Council Chambers located at 4319 E. Slauson Avenue, Maywood, CA
2. In Writing
IV. CLOSED SESSION
City Manager, Jennifer Vasquez, announced that Council Member Torres would recuse herself from the Closed Session item because she lives within 500 feet of the properties and under the FPPC regulations has a property conflict of interest and cannot participate in the item. Thereafter, the City Council adjourned into closed session. Subsequently, the City Council returned from closed session and the City Manager stated there was no reportable action.
V. MAYOR, COUNCILMEMBERS AND STAFF COMMENTS
City Council provided their comments.
VI. PUBLIC PARTICIPATION (Agenda Items; Time allotted: 3 minutes) THE FOLLOWING PROVIDED PUBLIC COMMENT:
1. David Perez
VII. PRESENTATIONS
FAMILY COURT AWARENESS MONTH
Mayor Garcia provided background on Family Court Awareness month and proclaimed November as Family Court Awareness Month.
LOS ANGELES SHERIFF'S DEPARTMENT: CITY UPDATE
LASD Deputy Aguayo provided a presentation on holiday safety tips.
VIII. CONSENT CALENDAR – Motion to approve items 1 – 6 by De La Riva, and second by Garcia. AYES: De La Riva, Marquez, Torres, Aguiluz, Garcia. Motion passed 5-0.
1. MINUTES OF THE OCTOBER 25, 2023, REGULAR CITY COUNCIL MEETING
2. REVENUE REPORT OCTOBER 2023
3. MONTHLY CASH AND INVESTMENT REPORT TO THE CITY COUNCIL FOR OCTOBER 2023
4. RESOLUTION NO. 6326 OF THE CITY COUNCIL OF THE CITY OF MAYWOOD AND
SUCCESSOR AGENCY TO THE MAYWOOD COMMUNITY REDEVELOPMENT AGENCY
APPROVING THE WARRANTS FOR PAYMENT
5. CONSIDERATION OF APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY-HORN FOR THE CITY'S HSIP CYCLE 11 -
TRAFFIC SIGNAL IMPROVEMENT AT VARIOUS INTERSECTIONS ALONG
SLAUSON AVENUE AND ATLANTIC AVENUE IN THE AMOUNT NOT TO EXCEED $83,122.84
6. CONSIDERATION OF THE RENEWAL OF A COMMERCIAL CANNABIS
MICROBUSINESS LICENSE FOR CHRON MAYWOOD, LLC
IX. DISCUSSION/ACTION ITEMS
7. DISCUSSION AND DIRECTION REGARDING THE NAME CHANGE OF RIVERFRONT PARK
City Manager introduced the item and the name change proposal to the City Council. There was a motion to approve the name change from Riverfront Park to Speaker Anthony Rendon Riverfront Park by De La Riva, and a second by Garcia.
AYES: De La Riva, Marquez, Torres, Aguiluz, Garcia. Motion passed 5 – 0.
8. DISCUSSION AND DIRECTION OF AN INFORMATIONAL REPORT ON SENATE BILL 329 RELATED TO CITY COUNCIL MEMBER COMPENSATION
City Manager introduced the item to the City Council. There was consensus and direction by the City Council for staff to move forward with this item. There was a new recommended compensation amount provided after hearing the report. Staff will bring back this item in January to move forward with the Council’s direction.
X. PUBLIC PARTICIPATION (Non-Agenda Items: Time allotted: 3 minutes) THE FOLLOWING PROVIDED PUBLIC COMMENT:
1. David Perez
2. Adriana Agredano
XI. ADJOURNMENT: Mayor Garcia adjourned the meeting at approximately 6:33 p.m. in memory of Jesus Amaya, former Club President of the Senior Club at the Southeast Rio Vista YMCA in Maywood. The Council Meeting was adjourned to November 28, 2023, at 5:30 p.m.
AGENDA REPORT
CITY OF MAYWOOD
AGENDA ITEM NO. 4.
DATE: November 28, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: ROXANNE DIAZ, CITY ATTORNEY
SUBJECT: CONSIDERATION OF APPROVAL OF A LEASE AGREEMENT WITH THE COUNTY OF LOS ANGELES FOR PROPERTY AT 4323 E. SLAUSON AVENUE FOR THE
CONTINUED USE OF THE PREMISES AS THE MAYWOOD CESAR CHAVEZ
LIBRARY
RECOMMENDATION:
It is recommended that the City Council approve the Lease Agreement with the County of Los Angeles for the continued lease of property as the Maywood Cesar Chavez Library in the form negotiated and approved by the City Manager and City Attorney, and authorize the City Manager to execute the final lease.
BACKGROUND:
The County of Los Angeles ("County") maintains a county library on City-owned property next door to City Hall (the Maywood Cesar Chavez Library). In order to effectuate this arrangement, the County has provided to the City for its review and approval the form of lease for the library property.
DISCUSSION:
The City of Maywood has its own City Library that is next door to City Hall and is located on City property. The County runs the library and has provided a form of lease to effectuate this arrangement with the following terms:
--The term is for five years and can be extended by the parties. --The base rent is nominal (in this case without charge) and reflects the providing of this public use in the City for its residents.
--The permitted use of the premises is only for the purposes of a "Public Library" and for other governmental purposes incidental to the library.
--The City is required to maintain and repair the premises, including the HVAC system, interior and exterior paint, with interior painting every five years, repair of structural or major damage to walls of ceilings; provide and maintain plate glass and windows; provide landscaping services and provide maintenance and repairs, except janitorial services.
The proposed lease recognizes that the City has agreed that the County can make certain improvements to the property including ADA-compliant restrooms, new glass entrance doors and new interior finishes.
Staff is recommending that the City Council approve the lease in the final form negotiated and approved by the City Manager and City Attorney.
LEGAL REVIEW:
The City Attorney drafted this report.
FISCAL IMPACT:
Based on the proposed lease agreement, the City will continue with the responsibility for the costs of maintenance to the building and its HVAC system. This cost has been included in the fiscal year budget; there is no need for a budget amendment.
ATTACHMENT(S)
1. Cesar Chavez Maywood Library - 4323 E. Slauson - Lease Agreement
HOA.104478247.2
COUNTY OF LOS ANGELES
CHIEF EXECUTIVE OFFICE
LEASE AGREEMENT
COUNTY OF LOS ANGELES - Tenant
CITY OF MAYWOOD – Landlord
4323 EAST SLAUSON AVENUE
MAYWOOD, CALIFORNIA
HOA.104478247.2 1
LEASE AGREEMENT
This LEASE AGREEMENT ("Lease"), dated as of ___________________, 2023 ("Effective Date"), is entered into by and between the CITY OF MAYWOOD, a municipal corporation ("Landlord" or "City"), and County of Los Angeles, a body corporate and politic ("Tenant" of "County"), who agree as follows:
RECITALS
A. WHEREAS, Landlord is the owner of certain real property located in the City of Maywood, County of Los Angeles, State of California, commonly known as 4323 East Slauson Avenue ("Premises").
B. WHEREAS, Landlord wishes to lease a one-story building consisting of approximately 3,000 square feet of floor area, and two (2) parking spaces adjacent to the building, to Tenant. A depiction of the Premises is set forth in attached Exhibit "A".
C. WHEREAS, Tenant operates a county library and wishes to lease the Premises from Landlord for use as a library, storage, and related uses.
NOW, THEREFORE, in consideration of the mutual covenants, representations, warranties and agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound hereby, the parties agree as follows:
AGREEMENT
1. Use of Premises. Tenant shall operate the building and appurtenances thereto as a library facility and for other governmental purposes incidental thereto and will integrate this facility into the over-all County library system that services to the residents of the City of Maywood and/or the County of Los Angeles. Use as a library facility includes uses such as storage and lending of books, media, and other resources, and office use in furtherance of such purposes (collectively the "Permitted Use").
2. Term and Termination.
a. Term. The term of this Lease commences on Effective Date of this Lease and continues for a period of one hundred eighty (180) months, unless earlier terminated, and expires on ___________________, 20__.
b. Extension. This Lease may be extended only upon a written amendment that is approved and executed by the parties.
c. Early Termination. This Lease may be cancelled by either party hereto provided, however, that said cancellation shall not be effective until one (1) year from the date of receipt of notice of cancellation, which notice must be given by the legislative body of either the City or the County as the case may be.
3. Base Rent. The Base Rent shall be gratis, provided that Tenant uses the Premises for the Permitted Use for the duration of this Lease.
HOA.104478247.2 2
4. Utilities. Landlord will pay for water, sewer and trash collection services to the Premises, and Tenant will pay for all other utility services used in connection with the Leased Premises, including, but not limited to, telephone, electric, and gas, as may be required in the operation and use of the Premises.
5. Maintenance and Janitorial Services.
a. Tenant Maintenance. Without limiting Landlord's repair and maintenance obligations, Tenant shall be responsible for (i) the cost of repairing any area of the Premises damaged by Tenant or by Tenant's agents, employees, invitees or visitors, and (ii) the repair of low voltage electronic, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Tenant. Tenant agrees to provide maintenance and services as follows:
(i) Maintain all fire extinguishers.
(ii) Provide all janitorial supplies and services.
(iii) Provide and maintain all lamps and tubes.
(iv) Provide pest control services.
b. Landlord Maintenance. Landlord, at its sole cost and expense, shall also perform all maintenance and repairs to the Premises, and shall keep the Premises in good condition and repair, reasonable wear and tear excepted. Landlord's repair obligations include, without limitation, repairs to, or replacements of:
(i) Full and complete air conditioning system.
(ii) Maintenance and repairs, excluding janitorial services. (iii) Provide and maintain the heating and ventilating systems. (iv) Repaint interior and exterior when deemed necessary by City provided, however, City shall repaint interior at least once every five (5) years. (v) Provide necessary plumbing repairs.
(vi) Maintain and repair as necessary any and all structural or major damage to walls or ceilings.
(vii) Provide and maintain adjacent grounds.
(viii) Provide and maintain plate glass and windows whether in windows or on doors.
(ix) Provide landscaping services.
6. Alterations and Additions.
a. Landlord Consent.
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Tenant shall not make any structural alterations, improvements, additions, or utility installations in or about the Premises (collectively, "Alterations") without first obtaining the written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. If Landlord fails to respond in writing within thirty (30) days after Tenant's request, then Landlord shall be deemed to have approved the requested Alterations. However, Landlord's consent shall not be required for any Alteration that satisfies all of the following criteria:
(i) complies with all Applicable Laws;
(ii) will not materially affect the systems or structure of the Building; and (iii) does not unreasonably interfere with the normal and customary business office operations of other tenants in the Building.
Notwithstanding the foregoing or any language to the contrary, Tenant shall construct Alterations in the Premises in accordance with the terms of the Lease and mutually approved plans per County specification. Tenant and Tenant's contractors shall be required to comply with prevailing wage requirements under California Labor Code Section 1720 et. seq., if applicable. Landlord has agreed that Tenant can make, at its sole cost and expense, at minimum, the following Alterations upon execution of the lease:
(i) ADA compliant restrooms;
(ii) new glass entrance doors; and
(iii) new interior finishes.
b. End of Term.
Any Alterations not removed by Tenant shall become the property of Landlord and remain upon and be surrendered with the Premises at the expiration of the Term.
7. Compliance with Laws. Tenant agrees that Tenant and Tenant's use of the leased areas described above will at all times be in strict compliance with all federal, state, county, city, or government agency laws, statutes, ordinances, standards, rules, requirements, or orders now in force or hereafter enacted, promulgated, or issued ("Applicable Laws"). Applicable Laws shall also include government measures regulating or enforcing public access, occupational, health, or safety standards for employers, employees, landlords, or tenants. Tenant shall, at Tenant's expense, comply promptly with all Applicable Laws in effect during the term hereof regulating the use, occupancy or improvement of the Premises by Tenant. Landlord, not Tenant, shall, at its sole cost, at all times cause the Premises and the Building to comply with all Applicable Laws in effect and binding upon Tenant or Landlord during the term hereof, including but not limited to the Americans with Disabilities Act ("ADA"), except if such compliance is made necessary as a result of Tenant's particular use of or alterations or improvements to the Premises.
8. CASp Inspection:
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a. In accordance with California Civil Code Section 1938, Landlord hereby states that the Premises and the Common Areas:
[Check the appropriate box]
☐ Have undergone inspection by a Certified Access Specialist (a "CASp") and have been determined to meet all applicable construction related accessibility standards pursuant to California Civil Code Section 55.53. Landlord shall provide Tenant with a copy of the CASp inspection report and a current disability access inspection certificate for the Premises within seven (7) days after the execution of this Lease.
☐ Have undergone inspection by a Certified Access Specialist and have not been determined to meet all applicable construction related accessibility standards pursuant to California Civil Code Section 55.53. Landlord has provided Tenant with a copy of the CASp inspection report at least 48 hours prior to the execution of this Lease. A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises.
☐ Have not undergone inspection by a Certified Access Specialist. A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises.
The foregoing statement is provided solely for the purpose of complying with California Civil Code Section 1938 and shall not affect the Landlord's and Tenant's respective responsibilities for compliance with any design and construction related accessibility obligations as provided under this Lease or any Work Letter. b. Landlord agrees to indemnify and hold harmless Tenant from all damages, costs, and expenses, which result from a material breach of Landlord's representations contained in this section.
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9. Insurance.
I. General Insurance Provisions - Landlord Requirements Without limiting the Landlord's indemnification of Tenant and during the term of this Lease, and until all of its obligations pursuant to this Lease have been met, Landlord shall provide and maintain at its own expense insurance coverage satisfying the requirements specified in this Lease. These minimum insurance coverage terms, types and limits (the "Required Insurance") also are in addition to and separate from any other contractual obligation imposed upon Landlord pursuant to this Lease. The Tenant in no way warrants that the Required Insurance is sufficient to protect the Landlord for liabilities which may arise from or relate to this Lease.
A. Evidence of Coverage and Notice to Tenant
• Certificate(s) of insurance coverage ("Certificate") satisfactory to Tenant, and a copy of an Additional Insured endorsement confirming Tenant and its Agents (defined below) has been given Insured status under the Landlord's General Liability policy, shall be delivered to Tenant at the address shown below and provided prior to the start day of this Lease.
• Renewal Certificates shall be provided to Tenant not less than 10 days prior to Landlord's policy expiration dates. The Tenant reserves the right to obtain complete, certified copies of any required Landlord insurance policies at any time. • Certificates shall identify all Required Insurance coverage types and limits specified herein, reference this Lease by name or number, and be signed by an authorized representative of the insurer(s). The Insured party named on the Certificate shall match the name of the Landlord identified in this Lease.
Certificates shall provide the full name of each insurer providing coverage, its National Association of Insurance Commissioners ("NAIC") identification number, its financial rating, the amounts of any policy deductibles or self-insured retentions exceeding twenty-five thousand ($25,000.00) dollars, and list any Tenant required endorsement forms.
• Neither the Tenant's failure to obtain, nor the Tenant's receipt of, or failure to object to a non-complying insurance certificate or endorsement, or any other insurance documentation or information provided by the Landlord, its insurance broker(s) and/or insurer(s), shall be construed as a waiver of any of the Required Insurance provisions.
• Certificates and copies of any required endorsements, notices of cancellation shall be delivered to:
County of Los Angeles
Chief Executive Office - Real Estate Division
320 West Temple Street, 7th Floor
Los Angeles, CA 90012
Attn: Senior Manager
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Landlord also shall promptly notify Tenant of any third-party claim or suit filed against Landlord which arises from or relates to this Lease and could result in the filing of a claim or lawsuit against Landlord and/or Tenant.
B. Additional Insured Status and Scope of Coverage
The Tenant, which is the County of Los Angeles, its Special Districts, Elected Officials, Officers, Agents, Employees and Volunteers (collectively Tenant and its Agents), shall be provided additional insured status under Landlord's General Liability policy with respect to liability arising from or connected with the Landlord's acts, errors, and omissions arising from and/or relating to the Landlord's operations on and/or its ownership of the premises. Tenant's additional insured status shall apply with respect to liability and defense of suits arising out of the Landlord's acts or omissions, whether such liability is attributable to the Landlord or to the Tenant.
The full policy limits and scope of protection also shall apply to the Tenant as an additional insured, even if they exceed the Tenant's minimum Required Insurance specifications herein. Use of an automatic additional insured endorsement form is acceptable providing it satisfies the Required Insurance provisions herein.
C. Cancellation of or Changes in Insurance
Landlord shall provide the Tenant with, or Landlord's insurance policies shall contain a provision that the Tenant shall receive, written notice of cancellation or any change in Required Insurance, including insurer, limits of coverage, term of coverage or policy period. The written notice shall be provided to the Tenant at least ten (10) days in advance of cancellation for non-payment of premium and thirty (30) days in advance for any other cancellation or policy change. Failure to provide written notice of cancellation or any change in Required Insurance may constitute a material breach of the Lease, in the sole discretion of the Tenant, upon which the Tenant may suspend or terminate this Lease.
D. Failure to Maintain Insurance
Landlord's failure to maintain or to provide acceptable evidence that it maintains the Required Insurance shall constitute a material breach of the Lease, upon which County immediately may withhold payments due to Landlord, and/or suspend or terminate this Lease. County, at its sole discretion, may obtain damages from Landlord resulting from said breach. Alternatively, the County may purchase the Required Insurance, and without further notice to Landlord, deduct the premium cost from sums due to Landlord or pursue Landlord reimbursement.
E. Insurer Financial Ratings
Insurance is to be provided by an insurance company authorized to do business in California and acceptable to the Tenant, with an A.M. Best rating of not less than A:VII, unless otherwise approved by the Tenant.
F. Landlord's Insurance Shall Be Primary
Landlord's insurance policies, with respect to any claims related to this Lease, shall be primary with respect to all other sources of coverage available to Tenant. Any
HOA.104478247.2 7
Landlord maintained insurance or self-insurance coverage shall be in excess of and not contribute to any Tenant coverage.
G. Waiver of Subrogation
To the fullest extent permitted by law, the Landlord hereby waives its and its insurer(s) rights of recovery against Tenant under all required insurance policies for any loss arising from or related to this Lease. The Landlord shall require its insurers to execute any waiver of subrogation endorsements which may be necessary to affect such waiver.
H. Deductibles and Self-Insured Retentions ("SIRs")
Landlord's policies shall not obligate the Tenant to pay any portion of any Landlord deductible or SIR. The Tenant retains the right to require Landlord to reduce or eliminate policy deductibles and SIRs as respects the Tenant, or to provide a bond guaranteeing Landlord's payment of all deductibles and SIRs, including all related claims investigation, administration and defense expenses. Such bond shall be executed by a corporate surety licensed to transact business in the State of California.
I. Claims Made Coverage
If any part of the Required Insurance is written on claims made basis, any policy retroactive date shall precede the start date of this Lease. Landlord understands and agrees it shall maintain such coverage for a period of not less than three (3) years following Lease expiration, termination or cancellation.
J. Application of Excess Liability Coverage
Landlord may use a combination of primary and excess insurance policies which provide coverage as broad as ("follow form" over) the underlying primary policies, to satisfy the Required Insurance provisions.
K. Separation of Insureds
All liability policies shall provide cross-liability coverage as would be afforded by the standard ISO (Insurance Services Office, Inc.) separation of insureds provision with no insured versus insured exclusions or limitations.
L. Tenant Review and Approval of Insurance Requirements The Tenant reserves the right to review and adjust the Required Insurance provisions, conditioned upon Tenant's determination of changes in risk exposures.
II. Insurance Coverage Types and Limits
A. Tenant Requirements: During the term of this Lease, Tenant shall maintain a program of insurance coverage as described below. Tenant, at its sole option, may satisfy all or any part of this insurance requirement through use of a program of self insurance (self-funding of its liabilities). Certificate evidencing coverage or
HOA.104478247.2 8
letter evidencing self-funding will be provided to Landlord after execution of this Lease at Landlord's request.
(1) Commercial General Liability Insurance providing scope of coverage equivalent to ISO policy form CG 00 01, naming Landlord and its Agents as an additional insured, with limits of not less than:
General Aggregate: $ 2 million
Products/Completed Operations Aggregate: $ 1 million
Personal and Advertising Injury: $ 1 million
Each Occurrence: $ 1 million
B. Landlord Requirements: Landlord, at its sole option, may satisfy all or any part of this insurance requirement through use of a program of self-insurance (self-funding of its liabilities). During the term of this Lease, Landlord shall provide and maintain the following programs of insurance coverage:
(1) Commercial General Liability Insurance providing scope of coverage equivalent to ISO policy form CG 00 01, naming Tenant and its Agents as an additional insured, with limits of not less than:
General Aggregate: $ 10 million
Products/Completed Operations Aggregate: $ 10 million
Personal and Advertising Injury: $ 5 million
Each Occurrence: $ 5 million
(2) Commercial Property Insurance. Such insurance shall:
• Provide coverage for Tenant's property and any improvements and betterments; this coverage shall be at least as broad as that provided by the Causes-of-Loss Special Form (ISO form CP 10 30), excluding earthquake and including flood and ordinance or law coverage.
• Be written for the full replacement cost of the property, with a deductible no greater than $250,000 or 5% of the property value, whichever is less. Insurance proceeds shall be payable to the Tenant and Landlord as their interests may appear.
III. Waiver
A. Both the Tenant and Landlord each agree to release the other and waive their rights of recovery against the other for damage to their respective property arising from perils insured in the Causes-of-Loss Special Form (ISO form CP 10 30).
10. Indemnification.
a. The Landlord shall indemnify, defend and hold harmless the Tenant from and against any and all liability, loss, injury or damage including (but not limited to) demands, claims, actions, fees, costs and expenses (including attorney and expert witness fees), arising from or connected with the Landlord's repair, maintenance and other acts and omissions arising from and/or relating to the Landlord's ownership of the Premises.
HOA.104478247.2 9
b. The Tenant shall indemnify, defend and hold harmless the Landlord, from and against any and all liability, loss, injury or damage including (but not limited to) demands, claims, actions, fees, costs and expenses (including attorney and expert witness fees), arising from or connected with the Tenant's repair, maintenance and other acts and omissions arising from and/or relating to the Tenant's use of the Premises.
11. Taxes. Landlord, at its sole cost and expense, shall pay, prior to delinquency, all real property taxes, assessments and special assessments which may be levied or assessed against the Premises or the Building during the term of this Lease or any renewal or holdover period thereof.
12. Holdover. If Tenant remains in possession of the Premises or any part thereof after the expiration of the term of this Lease, such occupancy shall be a tenancy which is terminable only upon ninety (90) days written notice from Landlord or thirty (30) days written notice from Tenant's Chief Executive Officer or his/her designee, and subject to all of the terms, covenants and conditions of this Lease.
13. Sublease or Assignment. Tenant may assign, mortgage, encumber or otherwise transfer this Lease or sublet the whole or any part of the Premises without first obtaining Landlord's prior consent; provided, however, no such assignment, subletting or other transfer shall relieve Tenant of any liability under this Lease unless Landlord has given its written consent thereto, which Landlord shall not unreasonably withhold if the assignee has a financial condition which is reasonably sufficient for it to be responsible for all future obligations under this Lease.
14. Default.
I. The occurrence of any one or more of the following shall constitute a default by Tenant:
a. Tenant Default
The occurrence of any one or more of the following events shall constitute a material default and breach of this Lease by Tenant ("Default"):
(i) the failure by Tenant to make any payment of Base Rent or any other payment required to be made by Tenant hereunder (except to the extent an offset is expressly permitted hereunder) as and when due, and the failure continues for a period of ten (10) days after written notice to Tenant; (ii) the failure by Tenant to observe or perform any of the other covenants, conditions or provisions of this Lease, where such failure shall continue for a period of thirty (30) days after written notice from Landlord specifying in detail the nature of the default; provided, however, if more than thirty (30) days are reasonably required for its cure then Tenant shall not be deemed to be in default if Tenant commences such cure, within said thirty (30)-day period and thereafter diligently prosecutes such cure to completion. b. Termination
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Tenant agrees that if a Default should occur and should not be cured within the time periods set forth above, it shall be lawful for Landlord to terminate this Lease upon the giving of written notice to Tenant. In addition thereto, Landlord shall have such other rights or remedies as may be provided by law. c. No Effect on Indemnity
Nothing in this Article shall be deemed to affect either Landlord or Tenant's right to indemnification under any indemnification clause or clauses set forth in this Lease.
II. The occurrence of any one or more of the following shall constitute a default by Landlord:
a. Landlord Default
Landlord shall be in default ("Landlord Default") in the performance of any obligation required to be performed by Landlord under this Lease if Landlord has failed to perform such obligation within five (5) days after the giving of written notice with respect thereto by Tenant (which notice shall be, if appropriate, the same notice given under this Lease); provided, however, that if the nature of the Landlord Default is such that the same cannot reasonably be cured within such five day period, Landlord shall not be deemed to be in Landlord Default if Landlord shall within such period commence such cure and thereafter diligently prosecute the same to completion. If the Landlord Default is of such a nature that it materially and substantially interferes with Tenant's occupancy and use of the Premises and if such Landlord Default is not cured within the foregoing cure period, then Tenant shall have the right, at its option, with or without further notice or demand of any kind to Landlord or any other person, to any one or more of the following described remedies in addition to all other rights and remedies provided at law or in equity or elsewhere herein:
(i) to remedy such default or breach and deduct the costs thereof (including but not limited to attorney' fees) plus interest at the rate of ten percent (10%) per annum from the installments of Base Rent next falling due; (ii) to pursue the remedy of specific performance;
(iii) to seek money damages for loss arising from Landlord's failure to discharge its obligations under this Lease or offset such damages against Base Rent next coming due; and/or
(iv) to terminate this Lease.
b. Waiver
Nothing herein contained shall relieve Landlord from its duty to effect the repair, replacement, correction or maintenance required to restore any affected services, or to perform any other obligations to the standard prescribed in this Lease, nor shall this section be construed to obligate Tenant to undertake any such work.
15. Landlord Entry. Tenant shall permit Landlord and its agents to enter the Premises during Tenant's regular hours of operations upon prior written notice only for the purpose of inspecting
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the Premises for any reasonable purpose. Landlord shall have the right at any and all times to enter the Premises in the event of an emergency and notify Tenant immediately thereafter.
16. Surrender of Premises. Subject to casualty, at the expiration of the Term of this Lease, whether by lapse of time or otherwise, Tenant shall promptly and peacefully surrender the Premises to Landlord in a "broom-clean" condition. Tenant may (but shall not be required to) remove, at its own expense, all fixtures, equipment and all other personal property placed or installed in or upon the Premises by Tenant, or under its authority (including any modular furniture).
17. Notices. Except as otherwise provided, all notices required or permitted to be given under this Lease must be in writing and addressed to the parties at their respective notice addresses set forth below; provided, that notices to Tenant may also be effectively given in writing and addressed to Tenant at the Premises address.
Notices must be given by personal delivery (including by commercial delivery service) or by firstclass mail, postage prepaid. Notices will be deemed effectively given, in the case of personal delivery, upon receipt (or if receipt is refused, upon attempted delivery), and in the case of mailing, three (3) days following deposit into the custody of the United States Postal Service.
The notice addresses of the parties are as follows:
If to Landlord:
City of Maywood
4319 E. Slauson Ave.
Maywood, CA 90270
Attention: Jennifer E. Vasquez, City Manager
If to Tenant:
County of Los Angeles
Chief Executive Office - Real Estate Division
320 West Temple Street, 7th Floor
Los Angeles, CA 90012
Attn: Senior Manager
Copy to:
LA County Library
7400 E. Imperial Hwy
Downey, CA 90242
Attn: Administrative Deputy, Library
18. Quiet Enjoyment. So long as Tenant is not in default hereunder, Tenant shall have the right to the peaceful and quiet enjoyment and possession of the Premises and the Common Areas during the Term of this Lease, subject to the terms and conditions of this Lease.
19. General.
a. Headings. Titles to sections of this Lease are not a part of this Lease and shall have no effect upon the construction or interpretation of any part hereof.
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b. Successors and Assigns. All of the covenants, agreements, terms and conditions contained in this Lease shall inure to and be binding upon the Landlord and Tenant and their respective successors and assigns.
c. Brokers. Landlord and Tenant each represent and warrant to each other that it has not engaged any broker, finder or other person who would be entitled to any commission or fees in respect of the negotiation, execution or delivery of this Lease other than as disclosed to the other in writing and shall indemnify and hold harmless each other against any loss, cost, liability or expense incurred by the other party as a result of any claim asserted by any such broker, finder or other person on the basis of any arrangements or agreements made or alleged to have been made in variance with this representation. Tenant shall receive from Landlord or Landlord's broker, within ten days after the execution of this Lease, an amount equal to 50% of all commissions due to Landlord's broker as a result of the execution of this Lease, as set forth in a separate written agreement between Landlord and Landlord's broker, a copy of which has been delivered by Landlord to Tenant prior to the execution of this Lease.
d. Entire Agreement. This Lease is the final and complete expression of Landlord and Tenant relating in any manner to the leasing, use and occupancy of the Premises, to Tenant's use of the building and other matters set forth in this Lease. No prior agreements or understanding pertaining to the same shall be valid or of any force or effect, and the covenants and agreements of this Lease shall not be altered, modified or added to except in writing signed by both Landlord and Tenant. e. Severability. Any provision of this Lease which shall prove to be invalid, void or illegal shall in no way affect, impair or invalidate any other provision hereof, and the remaining provisions hereof shall nevertheless remain in full force and effect. f. Governing Law and Venue. This Lease shall be governed by and construed in accordance with the internal laws of the State of California. Any litigation with respect to this Lease shall be conducted in the County of Los Angeles, State of California.
g. Waivers. No waiver by Landlord or Tenant of any provision hereof shall be deemed a waiver of any other provision hereof or of any subsequent breach by Landlord or Tenant of the same or any other provision. Landlord's or Tenant's consent to or approval of any act shall not be deemed to render unnecessary the obtaining of Landlord's or Tenant's consent to or approval of any subsequent act by Landlord or Tenant.
h. Time of Essence. Time is of the essence for the performance of all of the obligations specified hereunder.
i. Consent. Whenever any consent is required by Landlord or Tenant hereunder, such consent shall not be unreasonably withheld, conditioned or delayed and, unless otherwise specifically provided herein, shall be deemed granted if not refused within ten (10) business days after written request is made therefore, together with all necessary information.
HOA.104478247.2 13
j. Community Business Enterprises. Landlord shall complete and deliver to Tenant concurrently with the execution hereof a Community Business Enterprises form set forth as Exhibit "B" attached hereto.
l. Counterparts; Electronic Signatures. This Lease and any other documents necessary for the consummation of the transaction contemplated by this Lease may be executed in counterparts, including both counterparts that are executed on paper and counterparts that are in the form of electronic records and are executed electronically. An electronic signature means any electronic sound, symbol or process attached to or logically associated with a record and executed and adopted by a party with the intent to sign such record, including facsimile or e-mail electronic signatures. All executed counterparts shall constitute one agreement, and each counterpart shall be deemed an original. The parties hereby acknowledge and agree that electronic records and electronic signatures, as well as facsimile signatures, may be used in connection with the execution of this Lease and electronic signatures, facsimile signatures or signatures transmitted by electronic mail in so-called pdf format shall be legal and binding and shall have the same full force and effect as if a paper original of this Lease had been delivered had been signed using a handwritten signature. Landlord and Tenant (i) agree that an electronic signature, whether digital or encrypted, of a party to this Lease is intended to authenticate this writing and to have the same force and effect as a manual signature, (ii) intended to be bound by the signatures (whether original, faxed or electronic) on any document sent or delivered by facsimile or, electronic mail, or other electronic means, (iii) are aware that the other party will reply on such signatures, and (iv) hereby waive any defenses to the enforcement of the terms of this Lease based on the foregoing forms of signature. If this Lease has been executed by electronic signature, all parties executing this document are expressly consenting under the United States Federal Electronic Signatures in Global and National Commerce Act of 2000 ("E-SIGN") and California Uniform Electronic Transactions Act ("UETA")(Cal. Civ. Code § 1633.1, et seq.), that a signature by fax, email or other electronic means shall constitute an Electronic Signature to an Electronic Record under both E-SIGN and UETA with respect to this specific transaction.
20. Authority. Only the County's Board of Supervisors ("Board of Supervisors") has the authority, by formally approving and/or executing this Lease, to bind Tenant to the terms included herein. Landlord understands that no material terms of this Lease may be altered or deleted, nor may any new material terms be added to this Lease, without the express written approval of the Board of Supervisors, either through an amendment to the Lease or by other formal board action.
No County officer, employee, agent or independent contractor has any authority to alter, add or delete the material terms of this Lease, and Landlord may not rely upon any representations to the contrary. This limitation of authority applies to all material terms of the Lease including, without limitation, any monetary ceiling established for Tenant Improvements or other project costs of Landlord which are subject to reimbursement by Tenant. Tenant shall not reimburse Landlord for any expenses which exceed this ceiling. Notwithstanding the foregoing, the Chief Executive Office of the County (the "Chief Executive Office") may take any administrative act on behalf of Tenant hereunder which does not have the effect of increasing Base Rent or other financial obligations of Tenant under this Lease, including without limitation, granting any approvals, terminating this Lease in the manner provided herein by an early termination notice or otherwise, signing estoppel certificates, signing the Commencement Date Memorandum and Confirmation of Lease Terms or subordinating this Lease. Each individual executing this Lease on behalf of Landlord represents
HOA.104478247.2 14
and warrants that he or she is duly authorized to execute and deliver this Lease on behalf of Landlord, and that this Lease is binding upon Landlord in accordance with its terms.
21. Acknowledgement By Landlord.
Landlord acknowledges that it is aware of the following provisions:
a. Consideration of GAIN Program Participants. Should Landlord require additional or replacement personnel after the effective date of this Lease, Landlord shall give consideration for any such employment openings to participants in the County Department of Public Social Services' Greater Avenues for Independence ("GAIN") Program who meet Landlord's minimum qualifications for the open position. The County will refer GAIN participants by job category to Landlord. b. Solicitation of Consideration. It is improper for any County officer, employee or agent to solicit consideration in any form from a landlord. A landlord shall not offer or give, either directly or through an intermediary, consideration in any form to a County officer, employee or agent who has had any involvement in the procurement, negotiation, consummation, administration or management of a lease.
Landlord shall immediately report any attempt by a County officer, employee or agent to solicit such improper consideration. The report shall be made to the County Auditor-Controller's Employee Fraud Hotline at (800) 544-6861.
Landlord hereby represents and warrants that it has not provided, and will not provide, any financial benefits to any County official, employee or agent who has had any involvement in the procurement, negotiation, consummation, administration or management of this Lease. Landlord hereby agrees that if it violates any of the terms of this section, then the County may declare this Lease null and void, and the County reserves the right to exercise any and all other remedies available under applicable law.
c. Landlord Assignment.
(i) Landlord may assign, transfer, mortgage, hypothecate or encumber Landlord's right, title and interest in and to this Lease or any portion thereof (including the right to receive rental payments but excluding its duties and obligations hereunder), and Landlord may execute any and all instruments providing for the payment of Base Rent directly to an assignee or transferee, but only if the conditions set forth in this section are met. (ii) Any document or agreement purporting to assign, transfer, mortgage, hypothecate or encumber Landlord's right, title and interest in and to this Lease, or any portion thereof, as security for the Landlord's obligation to repay any monetary obligation, is hereinafter referred to as a "Security Agreement." Any Security Agreement which is executed without full compliance with the requirements of this section shall be void. (iii) Each assignee or transferee under the Security Agreement shall certify and agree in writing that such assignee or transferee has read and is familiar
HOA.104478247.2 15
with the requirements of Sections 5950-5955 of California Government Code, which prohibits the offer or sale of any security constituting a fractional interest in this Lease or any portion thereof, without the prior written consent of the Tenant. Notwithstanding the foregoing, the Tenant hereby acknowledges and agrees that Landlord shall have the right to encumber the Property with CMBS (commercial mortgage-backed securities) financing or other traditional real estate financing. However, Landlord may not encumber the Property through any type of bond financing vehicle, including but not limited to certificate of participation financing.
(iv) Violation by Landlord of the provisions of Section 5951 of the California Government Code will constitute a material breach of this Lease, upon which the Tenant may impose damages in an amount equal to the greater of $500,000 or 10% of the aggregate principal portion of all rental payments payable by the Tenant during the entire Term of this Lease, it being expressly agreed that the aforesaid amount shall be imposed as liquidated damages, and not as a forfeiture or penalty. It is further specifically agreed that the aforesaid amount is presumed to be the amount of damages sustained by reason of any such violation, because from the circumstances and nature of the violation it would be impracticable and extremely difficult to fix actual damages. In addition, the Tenant may exercise or pursue any other right or remedy it may have under this Lease or applicable law. (v) Landlord shall give Tenant written notice and a copy of each and every assignment, transfer, hypothecation or encumbrance of Landlord's interest in this Lease and any instrument relating thereto (including, but not limited to, instruments providing for the payment of Base Rent directly to an assignee or transferee) at least thirty (30) days prior to the effective date thereof.
(vi) Landlord shall not furnish any information concerning Tenant or the subject matter of this Lease (including, but not limited to, offering memoranda, financial statements, economic and demographic information, and legal opinions rendered by the office of counsel for the Tenant) to any person or entity, except with Tenant's prior written consent. Landlord shall indemnify, defend and hold Tenant and its officers, agents and employees harmless from and against all claims and liability alleged to arise from the inaccuracy or incompleteness of any information furnished by Landlord in violation of this section.
(vii) The provisions of this section shall be binding upon and applicable to the parties hereto and their respective successors and assigns. Whenever in this section Landlord is referred to, such reference shall be deemed to include Landlord's successors or assigns, and all covenants and agreements by or on behalf of Landlord herein shall bind and apply to Landlord's successors and assigns, whether so expressed or not. d. Smoking in County Facilities. The Surgeon General of the United States has concluded that passive smoke exposure is the third leading cause of preventable death in the United States. The United States Environmental Protection Agency
HOA.104478247.2 16
has found second-hand smoke to be a known carcinogen. It is recognized that the County has a responsibility to establish, maintain and promote a healthful and safe working environment and to reduce health and safety risks of its employees and the public at large. Tobacco smoke is a hazard to the health of County employees and the general public and represents an annoyance which should be regulated and banned in all county facilities to the end that air quality in all such facilities be improved for the preservation and improvement of the health of all County employees and the public. Therefore, to the greatest extent possible, the rights and comfort of all employees shall be respected. Reasonable effort shall be made to provide smokers a place to smoke in areas open to the sky or otherwise located outside County facilities and, except as provided under Los Angeles County, California - Code of Ordinances Chapter 2.126 ("LAMC 2.126"), all portions of County-owned facilities and all portions of facilities leased by or from the County, which areas are not open to the sky, shall be designated as "no smoking" areas.
Smoking, including the use of electronic smoking devices, shall be prohibited in the following areas of County facilities: (1) Within 50 feet of any operable entry or exit door or operable window of any County building and within 25 feet of any access ramp or handicap path; (2) Within any County parking lot, parking structure, or parking garage, whether enclosed or open to the sky; or (3) Within any driving range and eating area, including outdoor eating areas, of any County golf course.
International no-smoking signs and other appropriate signs which designate nosmoking areas shall be clearly, sufficiently and conspicuously posted in every room, building or other place so covered by LAMC 2.126. The manner of such posting, including the wording, size, color and place of posting, whether on the walls, doors, tables, counters, stands or elsewhere, shall be at the discretion of the building proprietor so long as clarity, sufficiency and conspicuousness are apparent in communicating the intent. (Los Angeles County, California - Code of Ordinances Chapter 2.126.)
[Signatures to Follow]
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IN WITNESS WHEREOF this Lease has been executed the day and year first set forth above.
LANDLORD: CITY OF MAYWOOD,
a municipal corporation
By:
Jennifer E. Vasquez, City Manager
TENANT: COUNTY OF LOS ANGELES,
a body corporate and politic
FESIA A. DAVENPORT
Chief Executive Officer
By:
John T. Cooke
Assistant Chief Executive Officer
ATTEST:
DEAN C. LOGAN
Registrar-Recorder/County Clerk
of the County of Los Angeles
By:
Deputy
APPROVED AS TO FORM:
DAWYN R. HARRISON
County Counsel
By:
Senior Deputy
HOA.104478247.2 Exhibit A
DEPICTION OF PREMISES
EXHIBIT A
(Depiction of the Leased Premises)
HOA.104478247.2 Exhibit B
COMMUNITY BUSINESS ENTERPRISES FORM
EXHIBIT B
COMMUNITY BUSINESS ENTERPRISE FORM
INSTRUCTIONS: All Landlords shall submit this form on an annual basis on or before December 30th of each year of the term of this agreement as evidence of MBE/WBE participation. The information requested below is for statistical purposes only. The final analysis and consideration of the lease will be determined without regard to race, creed, color or gender. (Categories listed below are based on those described in 49 CFR Section 23.5) I. Minority/Women Participation in Firm (Partners, Associate Partners, Managers, Staff, etc.)
1. Firm Name:
___________________________________________________________
2. Address:
___________________________________________________________
___________________________________________________________
3. Contact Person/Telephone Number:
4. Total number of
employees in the firm: _________________
5. Provide the number of all
minority employees and
women in each category.
Owners, Partners and
Associate Partners Managers Staff
All O,P & AP Women All Managers Women All Staff Women
Black/African American
Hispanic/Latin American
Asian American
Portuguese American
American Indian/Alaskan Native
All Others
II. PERCENTAGE OF MINORITY/WOMEN OWNERSHIP IN FIRM
1. Type of Business Structure: (Corporation, Partnership, Sole Proprietorship, Etc.)
2. Total Number of Ownership/Partners, Etc.: ________
III. MINORITY/WOMEN-OWNED FIRM
CERTIFICATION
3. Provide the percentage
of ownership in each
All
Employee
s
Women Is your firm currently certified as a minority owned business firm by the:
State of California? Yes No
City of Los Angeles? Yes No
Federal Government? Yes No
Black/African American
Hispanic/Latin American
Asian American
Portuguese American Section D. OPTION TO PROVIDE REQUESTED INFORMATION American Indian/Alaskan
Native
We do not wish to provide the information required in this form.
Firm Name:
Signature/Title:
Date:
All Others
AGENDA REPORT
CITY OF MAYWOOD
AGENDA ITEM NO. 5.
DATE: November 28, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: CLAUDIA ZAVALA, COMMUNITY SERVICES SUPERVISOR
SUBJECT: CITY COUNCIL APPOINTMENT OF FIVE MEMBERS TO THE YOUTH COMMISSION RECOMMENDATION:
Staff recommends that the City Council move to appoint five new members to the Youth Commission.
BACKGROUND:
Ordinance No. 23-09, added a new Chapter 11 to Title 2 of the Maywood Municipal Code establishing a Youth Commission. This ordinance was driven by the City Council’s recognition of the need to create a platform for the voices of the youth and to support effective communication between elected leaders and young members of our community.
Following the adoption of Ordinance No. 23-09, staff initiated the recruitment process for Youth Commission members, resulting in a total of sixteen applications being received. All applications have been reviewed by staff and it has been determined that all candidates are eligible to serve on the Commission.
DISCUSSION:
The establishment of the Youth Commission presents an exciting opportunity for the City to harness the unique perspectives, creative ideas, and talents of our young community members. The Commission will be comprised of five members, all of whom will be appointed through a majority vote by the City Council. Each Commission member will serve a two-year term, with three members initially serving a three-year term. To be eligible for consideration, candidates must be between the ages of 15-18 and either residents of or students within the city of Maywood.
Staff recommends that the City Council discuss the applications and make an appointment to each of the designated numbered Youth Commission seats for the corresponding terms. All candidates have been invited to be present at this city council meeting so that they may also introduce themselves, background and respond to any questions from the City Council. The designed numbered seat and terms are as follows:
Seat No. 1 Term Expires December 13, 2026
Seat No. 2 Term Expires December 13, 2026
Seat No. 3 Term Expires December 13, 2026
Seat No. 4 Term Expires December 13, 2025
Seat No. 5 Term Expires December 13, 2025
LEGAL REVIEW:
The City Attorney has reviewed this report.
FISCAL IMPACT:
Pursuant to the Ordinance creating the Youth Commission, a stipend of $50 per meeting is provided to each Youth Commissioner.
ATTACHMENT(S)
1. Youth Commission Application - Angel Espinosa
2. Youth Commission Application - Anna Baltazar
3. Youth Commission Application - Belinda Murillo
4. Youth Commission Application - Brandon Garcia
5. Youth Commission Application - Cristina Magana
6. Youth Commission Application - Desiree Medina
7. Youth Commission Application - Destiny Cervantes
8. Youth Commission Application - Destiny Morales
9. Youth Commission Application - Elvid Gonzalez
10. Youth Commission Application - Jaylene Martinez
11. Youth Commission Application - Lauren De La Rosa
12. Youth Commission Application - Luzmaria Garcia
13. Youth Commission Application - Magaly Guzman
14. Youth Commission Application - Mario Martinez
15. Youth Commission Application - Paola Martinez
16. Youth Commission Application - Ricardo Santiago
17. Youth Commission Application - Roy Hernandez