A22-2014
LEASE AGREEMENT
By and Between
CITY OF PACIFICA,
a California municipal corporation
("Landlord")
and
SPINDRIFT SCHOOL OF PERFORMING ARTS,
a California nonprofit corporation
("Tenant")
Dated: August 1L 2014
OAK #4829-9322-1651 v2
:
:
LEASE AGREEMENT
This LEASE AGREEMENT ("Lease") is made as of ful i9 |L_, 2014, between CITY OF PACIFICA, a California municipal corporation ("Landlord?), and SPINDRIFT SCHOOL OF PERFORMING ARTS, a California nonprofit corporation ("Tenant"), who agree as follows:
RECITALS:
A. The following Recitals are fully incorporated into the Lease.
B. Landlord is the owner of that certain property located at 1050 Crespi Drive, Pacifica, Ca teria, or in this are and ore a kared and epid el in ret ocated in the upper parking lot of the Property ("Premises" C. Tenant is a nonprofit corporation which provides instruction in music, dance, theatre, and musical theatre for children and youth.
D. Tenant wishes to locate 9 portable modular buildings onto the Premises for classrooms, studios, and performance space.
E. Tenant desires to lease the Premises from Landlord to locate Tenant's Facilities and conduct its operations thereon and to assume responsibility to pay all costs in connection with the transportation, installation, maintenance, and operation of Tenant's Facilities.
F. Landlord is prepared to lease the Premises to Tenant on the terms set forth herein.
LEASE AGREEMENT
NOW, THEREFORE, in consideration of the promises and mutual covenants and agreements herein set forth, and in reliance on the above Recitals, Landlord and Tenant hereby agree as follows:
ARTICLE 1. DEFINED TERMS.
The following terms shall have the following meanings in this Lease:
"Effective Date" means the date this Lease is executed on behalf of Landlord. "Commencement Date" means _ 2014
"Expiration Date" means - 2024.
"Property" is defined in Recital B.
"Premises" is defined in Recital B.
"Tenant's Facilities" means the eleven (9) portable single-wide modular buildings, :
"Tenant's Installation Work" means the work of locating and installing Tenant's Facilities onto the Premises. Tenant's Installation Work shall also include installation of landscaping and other site improvements described in Tenant's Installation Plans. All of Tenant's Installation Work shall be performed by Tenant at Tenant's sole expense as provided herein.
"Tenant's Installation Plans" is defined in Paragraph 8.01. "Tenant's Operations" means Tenant's proposed use of the Premises for the provision of arts, music, and dance classes to students; storage of materials; and administrative functions in Tenant's Facilities on the Premises. All of Tenant's Operations shall be performed by Tenant at Tenant's sole expense as provided herein.
"Schedule of Performance" means the schedule attached hereto as Exhibit C, setting forth the times within which Tenant must perform all of Tenant's Installation Work. Times for performance of Tenant's Installation Work may only be extended pursuant to Paragraph 31.11 hereof or by the mutual written agreement of Landlord and Tenant following recommendation of Tenant's architect. Tenant's agreement to commence and complete Tenant's Installation Work within the times set forth in the Schedule of Performance is material consideration for Landlord's agreements hereunder.
ARTICLE 2. LEASE.
2.01 Premises. Landlord hereby leases to Tenant and Tenant hereby hires from Landlord, on the terms and subject to the covenants, conditions and uses stated herein, the Premises.
2.02 Condition. The Premises is leased on an "AS-IS" basis, "WITH ALL FAULTS." Tenant acknowledges that the Premises is currently not suitable for Tenant's Operations and that substantial work of improvement, including all of Tenant's Installation Work, must be performed by Tenant before the Premises will be suitable for occupancy and use as provided in Paragraph 7.01, below. Tenant acknowledges and agrees that prior to the date of this Lease, Tenant has had an opportunity to fully inspect the Premises and that Tenant is familiar with the condition of the Premises. Tenant further acknowledges and agrees that Landlord has made no representations or warranties regarding the condition of the Premises or the underlying realty. Landlord expressly disclaims any implied warranty of habitability or fitness for any purposes with respect to the Premises or the underlying realty.
ARTICLE 3. TERM.
3.01 Initial. The initial term of this Lease shall be ten (10) years, beginning on the Commencement Date and expiring on the Expiration Date.
3.02 Extension Option. Tenant shall have one Lease extension option ("Option") to extend the term of this Lease and the Expiration Date for a period of ten (10) years ("Option Period") subject to the following conditions: (a) at the time the Option is exercised and as of the commencement of the Option Period, the Lease shall be in full force and effect, Tenant shall not be in material default hereunder, and Tenant shall not have assigned the Lease or sublet the 2 Premises; and (b) the Option must be exercised by written notice given to Landlord not earlier than one (1) year or later than six (6) months prior to expiration of the initial term. If the Option is timely and effectively exercised, the term of the Lease shall be extended for the Option Period, upon all of the terms and conditions of the Lease. Prior to the commencement of the Option Period, Tenant and Landlord shall execute an amendment to this Lease memorializing the exercise of the Option and extension of the Lease term.
ARTICLE 4. RENT.
4.01 Base Rent. For the first year of the Term, Tenant shall pay to Landlord Three Thousand Six Hundred Dollars ($3,600) as annual rent ("Base Rent"), payable in equal monthly installments of Three Hundred Dollars ($300) due on or upon the first day of each month, beginning with the Effective Date. Commencing on the first annual anniversary of the Commencement Date, the Base Rent shall increase Two and One-Half Percent (2.5%) annually.
Commencing on the third annual anniversary of the Commencement Date, the annual rent shall be Six Thousand Dollars ($6,000) ("Adjusted Base Rent"), payable in equal monthly installments of Five Hundred Dollars ($500) due on or upon the first day of each month.
Commencing on the fourth annual anniversary of the Commencement Date, and for every year thereafter, the Adjusted Base Rent shall increase Two and One-Half Percent (2.5%) annually for the remainder of the Lease Term. The term "Rent" means the Base Rent plus the annual percentage increase, as described above, and the Adjusted Base Rent plus the annual percentage increase, as described above. All rent payments are payable and due in full upon the first day of each and every lease year during the term, without demand, offset, or deduction. All rent payments and other payments due under this Lease shall be paid in cash or by check or money order to the City of Pacifica, Attention: Finance Director, 170 Santa Maria Avenue, Pacifica, CA 94044.
4.02 Additional Rent. Any and all sums in addition to the Rents payable by Tenant to Landlord pursuant to the provisions of this Lease or arising from Tenant's use and occupancy of the Premises shall be deemed additional rent under this Lease and default by Tenant in the payment of any such sums shall entitle Landlord to all the same remedies as would be applicable in the case of nonpayment of the Rents hereunder. The foregoing shall not give Landlord the right to charge Tenant any additional rental amount not set forth in this Lease or to increase the amount of Rent set forth in Paragraph 4.01.
ARTICLE 5. ADDITIONAL CHARGES.
5.01 Late Change. If Tenant fails to make any payment of Rent, or other charges when due and the default is not cured within ten (10) days, Tenant shall pay, as additional rent, interest at the rate of eight percent (8%) per annum (or, if less, the highest amount permitted by law) on each of the aforementioned obligations, from the day each amount is due until it is received by Landlord. In addition, Tenant shall pay to Landlord, as additional rent, a fee of Twenty-Five Dollars ($25.00) for any check presented by Tenant that is dishonored by the banking institution.
3 ARTICLE 6. TENANT'S NON-PROFIT STATUS.
6.01 501(C)(3) Status. Tenant represents and warrants that it is a duly formed California non-profit corporation exempt from federal income taxes under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended. Tenant acknowledges that Landlord would not have entered into this Lease but for Tenant's status as a federal tax exempt, non-profit corporation. Tenant agrees that failure to continuously maintain its status as a tax exempt, non- profit public benefit corporation throughout the term of this Lease shall be a material default under this Lease entitling Landlord to terminate this Lease as provided in Paragraph 20.01 ARTICLE 7. USE AND OPERATING STANDARDS.
7.01 Permitted Uses. Until such time as Tenant's Installation Work is Substantially Complete, Tenant may use and access the Premises for purposes of performing Tenant's Installation Work, and for no other purpose. Following the date on which Tenant's Installation Work is substantially complete, Tenant shall use the Premises primarily for Tenant's Operations. The following incidental, ancillary uses shall also be permitted following substantial completion of Tenant's Installation Work: (i) administrative and office use. Tenant shall not use the Premises for any other use without the written consent of Landlord and without obtaining all necessary permits and land use approvals.
7.02 Compliance with Laws. Tenant shall not use the Premises or do or permit anything to be done in or about the Premises which will in any way conflict with any law, statute, ordinance or governmental rule, regulation, or requirement now in force or which may hereafter be enacted or promulgated. Tenant, at its sole cost and expense, shall promptly comply with all laws, ordinances, zoning restrictions, rules, regulations, orders and any licensing or other requirements of any duly constituted public authorities now or hereafter affecting the use, safety, cleanliness or occupation of the Premises or performance of Tenant's Installation Work, including Labor Code and Public Contracts Code requirements; City zoning standards; building, plumbing, mechanical and electrical codes; all other provisions of the City's Municipal Code; and all applicable disabled and handicapped access requirements, including the Americans With Disabilities Act, 42 U.S.C. Section 12101, et seq., Government Code section 4450, et seq., Government Code section 11135, et seq., and the Unruh Civil Rights Act, Civil Code section 51, et seq. Without limiting the generality of the foregoing, Tenant agrees that it shall be solely responsible for obtaining any and all required use permits, zoning ordinance amendment, general plan amendment and other land use entitlements that may be required for the permitted use of the Premises described in paragraph 7.01. Tenant acknowledges that Landlord has not made any commitment to Tenant regarding the issuance or approval of any such permits, amendments or entitlements.
7.03 Prohibited Use. Tenant shall not do or permit anything to be done in or about the Premises nor bring or keep anything therein which will in any way increase the existing rate of or affect or cause a cancellation of any fire or other insurance covering the Premises. Tenant shall not store upon the Premises, or permit or suffer the storage upon the Premises, any perishable goods, flammable materials, explosives or other dangerous materials or any hazardous materials (as defined from time to time by the appropriate governmental agencies). 4 Tenant agrees that it will use the Premises in such manner as not to interfere with the daily operation of the Property. Tenant shall neither use nor allow the Premises to be used for any unlawful or objectionable purpose, nor cause, maintain or permit any nuisance or waste in, on or about any portion of the Premises.
7.04 Labor Code Requirements. Tenant has been advised that the work comprising Tenant's Installation Work may constitute construction, alteration, demolition, installation, or repair work done under contract and subject to Labor Code section 1720(a) and (b)(3). Tenant has been advised to consult its legal counsel and/or the State Department of Industrial Relations to determine whether and to what extent prevailing wages must be paid to persons performing Tenant's Installation Work. To the extent Labor Code requirements pertaining to "public works" including payment of prevailing wages are applicable, Tenant shall (i) require its contractors and subcontractors to submit certified copies of payroll records to Tenant; (ii) maintain complete copies of such certified payroll records; and (iii) make such records available to Landlord and its designees for inspection and copying during regular business hours at the Premises or at another location within the City of Pacifica.
7.05 Indemnity. Tenant shall defend, at its sole expense and with counsel chosen by Landlord, indemnify and hold harmless Landlord and its officials, officers, employees, volunteers, agents and representatives from and against any and all present and future liabilities, obligations, orders, claims, damages, fines, penalties and expenses (including attorneys' fees and costs) (collectively, "Claims"), arising out of or in any way connected with Tenant's obligation to comply with all laws with respect to Tenant's use of the Premises and the performance of Tenant's Installation Work, including all claims that may be made by contractors, subcontractors or other third party claimants pursuant to Labor Code sections 1726 and 1781, as amended and added by Senate Bill 966.
7.06 Waiver and Release. Tenant hereby waives, releases and discharges forever Landlord and its employees, officials, officers, volunteers, agents and representatives, from any and all present and future Claims arising out of or in any way connected with Tenant's obligation to comply with all laws with respect to Tenant's Installation Work, including state prevailing wage laws, or Tenant's Operations.
7.07 Outside Storage. Except with Landlord's prior approval not to be unreasonably withheld, Tenant shall not allow garbage containers, carts, portable signs, or other objects to be stored or remain outside the interior space of the Premises. During the performance of Tenant's Installation Work, Tenant may store reasonable quantities of construction related materials upon the Premises, provided such storage is in reasonable locations and does not impede pedestrian or traffic flow on or about the Premises.
Insurance Requirements. Tenant shall not permit any use to be made or act to be done in or about the Premises which would cause the cancellation of any insurance or self- insurance policy covering the Premises, nor shall Tenant sell or permit to be kept, used or sold in or about the Premises any articles which may be prohibited by a standard form policy of fire insurance.
5 7.09 Condition Upon Surrender. Upon the expiration or earlier termination of this Lease, Tenant shall surrender the Premises to Landlord in good, clean condition and repair, reasonable wear and tear excepted. Tenant shall, at its sole cost and expense and with no contribution by Landlord, remove Tenant's Facilities and all equipment brought or stored on the Premises, including but not limited to building materials and personal property. Prior to removal of Tenant's Facilities, Tenant shall provide Landlord with detailed plans for the removal and transportation of Tenant's Facilities from the Premises and Property, and Landlord shall approve said plans. Prior to and immediately after removal of Tenant's Facilities from the Premises, Tenant shall document by photographs and video, as directed by Landlord, the condition of the driveway used to transport Tenant's Facilities from the Premises and Property, and Tenant shall provide Landlord digital copies of the photographs and video.
Tenant shall restore the landscaping on the Premises to the condition which exists at the beginning of the Lease. In particular, Tenant shall restore any landscaping and plantings beneath the area where Tenant's Facilities were located during the Lease Term.
Tenant shall, at its own expense, remove all utilities which Tenant caused to be installed or established on the Premises. Provided, however, that prior to removal of any utilities, Tenant shall consult with the City Engineer regarding the removal of said utilities; and after said consultation, the City Engineer, in his/her sole discretion, may agree that certain utilities to be specified by the City Engineer may remain on the Premises.
Any items left by Tenant after the Termination Date may be removed and disposed of by Landlord with no further notice to Tenant. In the event Tenant does not restore the Premises to the satisfaction of Landlord, Landlord may choose to perform any necessary repair or restoration of the Premises and seek reimbursement from Tenant for the reasonable cost of the repair or renovation. Any damage to the Property or the Premises caused by removal of Tenant's Facilities or during restoration of the Premises shall be the responsibility of Tenant.
7.10 Parking. Landlord provides no dedicated parking to Tenant as part of this Lease.
ARTICLE 8. TENANT'S INSTALLATION WORK AND OTHER ALTERATIONS.
8.01 Plans for Tenant's Installation Work. Within the times set forth in the Schedule of Performance, Tenant shall prepare and submit to Landlord's City Manager for review and approval detailed plans ('Installation Plans") for the transportation and installation of Tenant's Facilities onto the Premises, describing with particularity all of Tenant's Installation Work.
Prior to and immediately following transportation and installation of Tenant's Facilities onto the Premises, Tenant shall document by photographs and video, as directed by Landlord, the condition of the driveway used to transport Tenant's Facilities onto the Premises and Property, and Tenant shall provide Landlord digital copies of the photographs and video. The Installation Plans shall also describe the demolition t of the Restroom facility, as described in paragraph
8.03, and the installation of landscaping, as described in paragraph 8.04. Landlord may approve or disapprove Tenant's Installation Plans in its reasonable discretion.
8.02 Tenant's Installation Work. As material consideration for this Lease, Tenant shall perform or cause to be performed all of Tenant's Installation Work at its sole expense 6 within the times set forth in the Schedule of Performance. Tenant shall perform all of Tenant's Installation Work in accordance with the approved Installation Plans, drawings and specifications approved by Landlord in its discretion and in conformance with all applicable laws. Landlord's approval of Tenant's Installation Plans, drawings and specifications shall not relieve Tenant of the obligation to comply with all applicable laws and building codes in connection with the performance of Tenant's Installation Work. Tenant agrees that it shall be solely responsible for obtaining any and all required building permits and approvals that may be required for Tenant's Installation Work. Tenant acknowledges that Landlord has not made any commitment to Tenant regarding the issuance or approval of any such building permits and approvals. Tenant's Installation Work shall be deemed to be "Substantially Complete" only when (a) Tenant has completed all of Tenant's Installation Work (except for minor punch list items) in accordance with the Installation Plans and construction drawings and specifications approved by Landlord, (b) Tenant's licensed architect or engineer has issued a certificate of completion for Tenant's Installation Work, and (c) Tenant has obtained all governmental approvals and permits, including a Certificate of Occupancy, required for use and occupancy of Tenant's Facilities. Tenant shall be responsible for any damage to the Property incurred as a result of Tenant's Installation Work, including but not limited to the transport and installation of Tenant's Facilities onto the Premises and the removal of Tenant's Facilities at the termination of the Lease.
8.03 Tenant's Installation Work - Demolition and Removal of Restroom. A public restroom facility ("Restroom") currently exists on the Premises. As part of Tenant's Installation Work, Tenant shall demolish and remove the Restroom.
8.04 Tenant's Installation Work - Installation of Landscaping. As part of Tenant's Installation Work, Tenant shall design and install landscaping on and around the Premises.
Tenant shall include a description of the proposed landscaping in its Installation Plans, including a site map describing the location of the landscaping and a detailed description of the plants and materials proposed for the landscaping. Landlord may approve or disapprove of the design and materials of the landscaping as part of its review of the Installation Plans.
8.05 Other Alterations. If Tenant desires to make any improvements, alterations, additions or changes to the Premises other than Tenant's Installation Work (collectively, "Alterations"), Tenant shall first obtain Landlord's prior written consent to such Alterations.
Tenant's request for consent shall be accompanied by detailed and complete plans and specifications for the proposed Alterations. All such approved Alterations shall be made at Tenant's expense and shall be in conformance with all applicable laws and in accordance with plans and specifications approved by Landlord.
8.06 Licensed Contractors and Volunteers. Except as otherwise expressly provided below in this Paragraph 8.04, all of Tenant's Installation Work and approved Alterations shall be performed by licensed contractors reasonably acceptable to Landlord. Landlord agrees that Tenant's employees and volunteers may perform painting, cleaning and minor repair work provided such repair work does not involve any electrical, HVAC, plumbing or life safety systems; structural modifications; lead based paint or asbestos removal or remediation; or any other work requiring special qualifications, licensing or permitting as determined by Landlord.
All construction contracts) between Tenant and Tenant's contractor(s) shall require Tenant's 7 contractor(s) to carry liability and completed operations insurance in form and amounts acceptable to Landlord and shall otherwise be in a form reasonably acceptable to Landlord.
8.07 Quarterly Reports. Until such time as Tenant's Installation Work is Substantially Complete, Tenant shall deliver to Landlord, not less than quarterly, written progress reports describing the portion of Tenant's Installation Work that Tenant has completed to date and during the immediately preceding quarter, setting forth time and cost estimates for the completion of the remainder of Tenant's Installation Work.
8.08 Ownership of Tenant's Installation Work and Alterations. As material consideration for Landlord's agreements hereunder, Tenant agrees that the Restroom and all landscaping of the Premises installed as part of Tenant's Installation Work and Alterations shall immediately become part of the realty and belong to Landlord. Tenant further agrees that Landlord shall have no obligation to pay or reimburse Tenant for all or any portion of the cost of design, construction, or installation of the Restroom or any landscaping of the Premises performed as part of Tenant's Installation Work or Alterations, regardless of whether such Tenant's Installation Work or Alterations have enhanced the value of the Premises, and regardless of whether this Lease is terminated prior to the Expiration Date as a result of Tenant's failure to Substantially Complete all of Tenant's Installation Work within the times set forth in the Schedule of Performance or any other default by Tenant under this Lease. All Tenant's Facilities shall be removed from the Premises upon the expiration or earlier termination of the Lease, as provided in Paragraph 7.09.
8.09 Liens. Prior to commencing any of Tenant's Installation Work or any approved Alterations, Tenant shall notify Landlord in writing of the expected commencement date.
Landlord shall have the right thereafter to post and maintain on the Property and Premises such notices as Landlord deems necessary to protect Landlord, the Property, and the Premises from mechanics' liens, materialmen's liens or any other liens. Tenant shall pay when due, all claims for labor and materials furnished to or for Tenant for use in improving the Premises. Tenant shall not permit any mechanics' or materialmen's liens to be levied against the Premises arising out of work performed, materials furnished or obligations to have been performed on the Premises by or at the request of Tenant. To the extent any such liens are levied against the Premises, Tenant shall promptly resolve such liens and in any event shall cause their release within thirty (30) days following the date of levy or recordation. Tenant shall indemnify, at its sole expense and with counsel chosen by Landlord, and hold Landlord harmless from and against any and all loss, damage, attorneys' fees and all other expenses on account of claims of lien of laborers or materialmen or others for work performed or materials or supplies furnished to Tenant or persons claiming under it.
8.10 Removal. If Tenant installs any machinery or trade fixtures in connection with Tenant's Installation Work or any approved Alterations, Tenant shall remove such machinery and trade fixtures approved by Landlord upon termination of this Lease. Tenant shall repair any damage resulting from the removal of Tenant's machinery or trade fixtures. 8 ARTICLE 9. UTILITIES.
9.01 Establishment of Utilities and Separate Payment. Tenant shall be solely responsible for providing all utilities to service the Premises, including but not limited to water, heat, gas, electricity, telephone, and garbage collection. Tenant shall be responsible for costs of establishing service to the Premises, including the costs of installing any necessary meters.
Tenant shall pay when due all water, heat, gas, electricity, telephone, garbage collection and other utilities and services provided to or for the Premises, including taxes thereon. Tenant shall establish its own accounts for all utility services, including garbage collection services, to the extent such services can be separately metered and billed. In the case of any utilities or services that are not separately metered and billed directly to Tenant, but are metered jointly with other premises, Tenant shall pay Landlord upon demand a pro rata share, as determined by Landlord, of all charges.
9.02 Landlord Not Liable. Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility service being provided to the Premises, and no such tailure or interruption shall entitle Tenant to terminate this Lease.
ARTICLE 10. INDEMNIFICATION BY TENANT.
10.01 Indemnification. Tenant shall indemnify, defend (with counsel selected by Landlord) and hold Landlord harmless from any loss, claim, damage or expense (including attorneys' fees and costs) resulting from bodily injury (including death or property damage, from whatever cause, all or in part connected with Tenant's or Tenant's employees, volunteers, contractors, subcontractors or invitees use of the Property, the Premises, or the improvements or personal property located therein, including any liability for injury to the person (including death) or property of Tenant, its contractors, subcontractors, representatives, agents, officers, employees, volunteers, invitees or trespassers, except for loss, claims, damage or expense resulting from Landlord's sole negligence or willful acts. Tenant's obligations hereunder shall survive the expiration or termination of this Lease, if the incident requiring such defense and indemnity occurred during the Lease term including the Option Period.
10.02 Waiver. Tenant, as a material part of the consideration rendered to Landlord in entering into this Lease, hereby waives all claims against Landlord for any loss, expense, damage to Tenant's personal property, Tenant's Facilities, goods, wares and merchandise in, upon and about the Premises and for death of or injury to Tenant, its agents, employees, officers, volunteers, contractors, subcontractors, representatives, invitees or any third person in or about the Premises from any cause except for Landlord's sole negligence or willful misconduct.
ARTICLE 11. INSURANCE.
11.01 Tenant Casualty Policy. Tenant shall maintain in force throughout the term a policy or policies of fire and extended coverage insurance on its fixtures and equipment located in the Premises to the extent of at least ninety percent (90%) of their insurable value. During he term of this Lease, the proceeds of any such policy or policies of fire insurance shall be use‹ solely for the repair or replacement of the fixtures or equipment so insured. 9 11.02 Tenant Liability Policy. During the term of this Lease, Tenant shall maintain, with an insurance company authorized to do business in California that has a rating of A: VII or better in the most recent edition of Best's Insurance Report, commercial general liability insurance with respect to the Premises for the joint benefit of Landlord and Tenant in amounts of not less than One Million Dollars ($1,000,000) for injury or death to any one person, and in an amount not less than Two Million ($2,000,000) for injury or death to more than one person in any one occurrence, and for property damage in an amount of not less than Five Hundred Thousand Dollars ($500,000) per occurrence. The amounts of such commercial general liability insurance may be increased from time to time as Landlord may reasonably determine.
Landlord shall be named as an additional insured under the commercial general liability policy.
Tenant's commercial general liability insurance policy shall contain language stating that it is primary and non-contributing with any insurance, self-insurance or joint self-insurance maintained by Landlord. Such policy shall further provide that it may not be cancelled or altered without thirty (30) days' prior written notice delivered by the insurer to Landlord Tenant shall furnish Landlord with copies of all required policies of insurance or certificates of insurance evidencing the existence and amounts of such insurance with loss payable clauses satisfactory to Landlord prior to entry of the Premises. If Tenant fails to procure and maintain such policy, Landlord may, but shall not be required to, procure and maintain such policy at Tenant's expense.
11.03 Worker's Compensation. Tenant shall, throughout the term, procure and keep in effect workers' compensation insurance as required by law. Tenant shall upon demand furnish Landlord with proof that Tenant is maintaining workers' compensation insurance in accordance with applicable laws.
11.04 Waiver of Subrogation. To the maximum extent permitted by the fire and commercial general liability insurance policies maintained by Tenant, Tenant hereby releases Landlord from liability and waives all right to recover against Landlord for any loss from perils insured against under Tenant's insurance policies, including any extended coverage and endorsements to said policies.
11.05 Performance Bond. Tenant shall furnish a performance bond or other security satisfactory to Landlord to ensure performance of this Lease and each and every condition of this Lease, including but not limited to removal and proper disposal of Tenant's Facilities and restoration of the Premises. Said security shall be in a form acceptable to Landlord and shall be in an amount determined by the City Engineer to be sufficient to cover the costs to remove and properly dispose of Tenant's Facilities and restore the Premises. The performance bond or other security shall be provided before Tenant commences any of the Installation Work on the Premises (as described in Article 8 above) and shall remain in force for a period of sixty (60) days after the Expiration Date of the Lease. The premium for the performance bond or other security described above shall be paid by Tenant. • The Surety or Sureties shall be a company or companies satisfactory to Landlord and shall be duly authorized to conduct business in the State of California.
10 11.06 Premises. Landlord shall have no responsibility for maintaining any portion of the Premises. Tenant, at its expense, shall be solely responsible for all of Tenant's Installation Work. Upon completion of Tenant's Installation Work, Tenant, at its expense, shall be solely responsible for maintaining in good condition and repair the Premises, including the landscaping and Tenant's Facilities. Tenant hereby waives any provisions of law permitting Tenant to make repairs at Landlord's expense.
11.07 Equipment. Tenant shall, at its sole cost, keep and maintain all utilities, fixtures and mechanical equipment used by Tenant in good order, condition and repair.
ARTICLE 12. INTENTIONALLY OMITTED.
ARTICLE 13. TAXES.
13.01 Personal Property. Tenant shall pay prior to delinquency all taxes, assessments, license fees and other public charges levied, assessed or imposed or which become payable during the term of this Lease upon any furnishings, inventory, equipment and all other personal property of Tenant installed or located in the Premises. Whenever possible, Tenant shall cause such property to be separately assessed. If, however, any or all of such items shall be assessed and taxed with the real property, Tenant shall pay to Landlord such taxes as are attributable to Tenant's furnishings, inventory, equipment and personal property within ten (10) business days after receipt of an invoice from Landlord advising Tenant of the taxes applicable to Tenant's property. The parties anticipate that Tenant's Installation Work, Alterations and fixtures will become part of the realty owned by Landlord and, therefore, these items will be off the tax roll and will not need to be separately assessed.
13.02 Possessory Interest. Tenant shall pay, prior to delinquency, any possessory interest taxes assessed against Tenant's interest in the Premises or the underlying realty during the term.
13.03 Real Property Taxes. Landlord shall pay any and all real property taxes, assessments and any other public charges assessed or imposed, or which become a lien upon or become chargeable against or payable in connection with Landlord's ownership of the Premises, if any.
13.04 Other. Tenant shall pay any business tax or license fee imposed upon its operation or its interest under this Lease by any governmental authority.
ARTICLE 14. SIGNS.
Tenant shall comply with all City of Pacifica sign ordinances.
ARTICLE 15. SUBORDINATION AND ATTORNMENT.
15.01 Subordination. Upon written request of Landlord, or any first mortgagee, first deed of trust beneficiary, or lessor of Landlord, Tenant shall, in writing, subordinate its rights ereunder to the lien of any first mortgage, first deed of trust, or the interest of any lease i hich the Landlord is lessee, and to all advances made or hereafter to be made upon th 11 security therefor; provided, however, prior to executing any such subordination agreement, Tenant shall have the right to obtain from any lender or lessor of Landlord requesting such subordination, an agreement in writing providing that, as long as Tenant is not in default hereunder, this Lease shall remain in full force and effect for the full term hereof and Tenant's right to possession and enjoyment of the Premises shall not be disturbed so long as Tenant is not in default under this Lease following notice and expiration of any applicable cure period.
The holder of any security interest may, upon written notice to Tenant, elect to have this Lease prior to such security interest regardless of the time of granting or recording such security interest.
15.02 Attornment. In the event of any foreclosure sale, transfer in lieu of foreclosure or termination of a lease in which the Landlord is lessee, Tenant shall attom to the purchaser, transteree or lessor as the case may be, and recognize such party as Landlord under this Lease, provided such party acquires and accepts the Premises subject to this Lease.
ARTICLE 16. ENTRY BY LANDLORD.
Tenant shall permit Landlord and Landlord's agents, upon 24 hours prior notice (except in case of emergencies in which case no prior notice shall be required), to enter the Premises at all reasonable times for the purpose of inspecting the same or for the purpose of posting notices of nonresponsibility for alterations, additions or repairs.
ARTICLE 17. ASSIGNMENT AND SUBLETTING.
17.01 Consent Required. Tenant shall not, without Landlord's consent, assign, mortgage or hypothecate this Lease or any interest in this Lease or any right or privilege appurtenant hereto or permit use of the Premises by any person or persons other than Tenant, its employees, members and invitees. Such consent may be given or withheld in Landlord's absolute discretion, without any requirement to reasonably consider such request. Any assignment to which Landlord has consented shall be by an instrument in writing satisfactory to Landlord, and any assignee, sublessee or transferee shall agree for the benefit of Landlord to be bound by, assume and perform all the terms, covenants and conditions of this Lease. Consent by Landlord to any assignment or subletting shall not constitute consent to any subsequent assignment or subletting, and notwithstanding Landlord's consent, Tenant shall remain fully liable hereunder as primary obligor during the unexpired term of this Lease.
17.02 Attempted Transfer is Void. Any attempted assignment or subletting without Landlord's required consent shall be void and shall, at the option of Landlord, terminate this Lease. Any assignee, subtenant or other recipient of Tenant's interest in this Lease is hereby notified that such transfer is of no force or effect without Landlord's prior written consent.
17.03 Excess Rent. If Tenant assigns or sublets its interests in this Lease, any monies received by Tenant from said assignment or sub-tenancy over and above the amount of rent due Landlord shall be payable to Landlord.
12 ARTICLE 18. ABANDONMENT.
Except during the period of construction of Tenant's Installation Work when the Premises will be occupied from time to time by Tenant's contractors, subcontractors and volunteers for purposes of performing such Tenant's Installation Work, Tenant shall not vacate or abandon the Premises at any time during the term of this Lease and shall not permit the Premises to remain unoccupied for a period of longer than twenty (20) consecutive business days during the term of this Lease. If Tenant shall abandon, vacate or surrender the Premises, or be dispossessed by process of law or otherwise, Tenant's Facilities and / or any personal property belonging to Tenant and left on the Premises for longer than thirty (30) days shall, at the option of Landlord, be deemed abandoned, provided that Landlord shall have served Tenant with a notice of belief of abandonment pursuant to California Civil Code section 1951.3, and Tenant shall have failed to respond to said notice within the time period set forth in the statute.
ARTICLE 19. BREACH BY TENANT.
The occurrence of any of the following shall constitute a breach and material default of this Lease by Tenant:
A. The failure of Tenant to pay or cause to be paid when due any rent, monies or charges required by this Lease to be paid by Tenant within three (3) days of written notice by Landlord;
B. The failure of Tenant to provide the performance bond within the time frame as described in Paragraph 11.05 or to maintain the bond for the term of the Lease; C. An attempted assignment of the Lease or subletting of the Premises without Landlord's prior written consent, as described in ARTICLE 17.
D. The abandonment of the Premises by Tenant as such term is defined in Paragraph 19, above;
The failure of Tenant to Substantially Complete Tenant's Installation Work within the times set forth in the Schedule of Performance; The failure of Tenant to do or cause to be done any other act (other than as specified in clauses A., B. and C. above) required by this Lease within ten (10) days after written notice thereof to Tenant or such longer period as may be reasonably required to complete such cure so long as such cure is promptly commenced within such ten (10) day period and thereafter diligently and continuously prosecuted to completion;
G. Any act of bankruptcy caused, suffered or permitted by Tenant. For the purposes of this Lease, "act of bankruptcy" shall include any of the following:
(1) Any general assignment or general arrangement for the benefit of creditors;
13 (2) The filing of any petition by or against Tenant to have Tenant adjudged a bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy, unless such petition is filed against Tenant and the same is dismissed within sixty (60) days;
(3) The appointment of a trustee or receiver to take possession of substantially all of Tenant's assets located in the Premises or of Tenant's interest in this Lease; or
(4) The attachment, execution or other judicial seizure of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease; H. Tenant's failure to continuously maintain throughout the term Tenant's status as a non-profit public benefit corporation exempt from Federal income taxes under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended.
ARTICLE 20. REMEDIES UPON BREACH.
20.01 Continuation or Termination. In the event of any breach by Tenant, in addition to other rights or remedies of Landlord at law or in equity, Landlord shall have the following remedies:
A. Landlord may recover from Tenant the Rent as it becomes due, any liquidated damages provided for herein, and any other amount necessary to compensate Landlord tor all detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom. Landlord may sue monthly, annually or after such equal or unequal periods as Landlord desires for amounts due under this Paragraph A. The right to collect rent as it becomes due shall terminate upon termination by Landlord of Tenant's right to possession. Tenant's right to possession shall not be terminated unless and until Landlord delivers to Tenant written notice thereof.
B. Landlord, either as an alternative or subsequent to exercising the remedies set forth in Paragraph A, may terminate Tenant's right to possession of the Premises by and upon delivery to Tenant of written notice of termination. Landlord may then immediately reenter the Premises and take possession thereof pursuant to legal proceedings and remove all persons and property from the Premises; such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of Tenant. Landlord may dispose of any abandoned personal property in the manner provided by law provided that Landlord shall have provided notice of sale of abandoned property pursuant to California Civil Code section 1988 in the manner prescribed by such statute. If Landlord elects to terminate Tenant's right of possession, Landlord shall be entitled to all remedies available under law or equity and may recover any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under the Lease or which in the ordinary course of things would be likely to result therefrom.
20.02 Covenants and Conditions. All covenants made by Tenant under this Lease are conditions of this Lease; therefore, in the event of any uncured default by Tenant after written 14 notice pursuant to Paragraph ARTICLE 19 in fulfilling any of the same, Landlord may at any time thereafter at its option declare a forfeiture of this Lease. Landlord shall not be obligated to perform any covenant made by Landlord under this Lease which accrues after the date of any default by Tenant hereunder.
ARTICLE 21. DAMAGE OR DESTRUCTION.
21.01 Damage or Destruction. In the event the Premises are damaged or partially destroyed during the Term through no fault or cause, in whole or in part, of Tenant, and Landlord's appointed architect or engineer determines in his or her reasonable discretion that such repairs can be made within ninety (90) days under the applicable federal, state, county and City laws and regulations, then Tenant, at its expense, shall forthwith repair the same, and such damage or partial destruction shall not annul or void this Lease, except that Tenant shall be entitled to a proportionate abatement of rent while such repairs are being made, such proportionate reduction to be based upon the amount of square footage in the area damaged and the length of time said area is out of use. If Landlord's appointed architect or engineer determines in his or her reasonable discretion that such repairs cannot be made with ninety (90) days, Tenant may elect to terminate this Lease by providing written notice of termination to Landlord within ten (10) days after receiving Landlord's written determination of the estimated repair period. If Tenant does not elect to terminate within this 10-day period, Tenant shall be considered to have waived the option to terminate and Tenant, at its expense, shall forthwith repair the damage, and such damage or partial destruction shall not annul or void this Lease, except that Tenant shall be entitled to a proportionate abatement of rent in the manner provided above. Notwithstanding any other provision hereof to the contrary, either party shall have the right to terminate this Lease if (i) in the opinion of a licensed architect or engineer appointed by Landlord, the Premises are damaged to such an extent that the damage cannot be substantially repaired or restored within one hundred eighty (180) days from the date of commencement of the repair, (i) the estimated repair cost of the Premises, as reasonably determined by Landlord, exceeds 33.3% of the full cost of replacement of the Premises, or (iii) the Premises have been materially damaged and there is less than two (2) years of the Term remaining on the date of the casualty.
ARTICLE 22. CONDEMNATION.
22.01 Termination. If the Premises or any portion thereof are taken by any governmental agency under the power of eminent domain, or sold by Landlord under the threat of the exercise of such power, this Lease shall terminate as to the part so taken as of the date that the condemning authority takes possession of the Premises. City agrees not to initiate any eminent domain proceeding to condemn Tenant's leasehold interest. If more than twenty-five percent (25%) of the Premises is taken or sold under such threat, either Landlord or Tenant may terminate this Lease as of the date that the condemning authority takes possession by delivery of written notice of such election within twenty (20) days after such party has been notified of the taking or, in the absence thereof, within twenty (20) days after the condemning authority shall have taken possession.
22.02 Absent Termination. If this Lease is not terminated by Landlord or Tenant, it shall remain in full force and effect as to the portion of the Premises remaining. All awards for 15 the taking of any part of the Premises or proceeds from the sale made under the threat of the exercise of the power of eminent domain shall be the property of Landlord; provided, however, Tenant shall be entitled to receive that portion of the condemnation award allocable to the furniture, fixtures and equipment comprising Tenant's Installation Work. Except as provided above with respect to Tenant's furniture, fixtures and equipment, Tenant irrevocably assigns and transfers to Landlord all rights to and interests in any such award or proceeds and fully releases and relinquishes any claim to, right to make a claim on, or interest in the award or proceeds, including any leasehold bonus value.
ARTICLE 23. SURRENDER OF LEASE.
The voluntary or other surrender or a mutual cancellation of this Lease by Tenant shall not work a merger, and shall, at the election of Landlord, either terminate all or any existing subleases or subtenancies or may operate as an assignment to it of any or all of such subleases or subtenancies. Landlord shall exercise its election within thirty (30) days of the event so requiring.
ARTICLE 24. ATTORNEYS' FEES.
In the event of any legal action or proceeding between the parties, the prevailing party (whether by settlement, arbitration, or litigation) shall be entitled to reasonable attorneys' fees and expenses as a part of the judgment resulting therefrom.
ARTICLE 25. INTENTIONALLY OMITTED.
ARTICLE 26. ESTOPPEL CERTIFICATE.
Tenant shall, within five (5) business days of written notice from Landlord, execute and deliver to Landlord a written statement certifying that this Lease is unmodified and in full force and effect or, it modified, stating the nature of such modification. Tenant's statement shall this Lease and the nature of such defaults if they are claimed. Any such statement may be relied upon conclusively by any prospective purchaser or encumbrancer of the Premises. Tenant's failure to deliver such statements within such time shall be conclusive upon the Tenant that this Lease is in full force and effect, except as and to the extent any modification has been represented by Landlord, and that there are no uncured defaults in Landlord's performance and that not more than 1 year's rent has been paid in advance.
ARTICLE 27. RELOCATION WAIVER UPON EXPIRATION OR TERMINATION FOR
UNCURED BREACH
Tenant fully releases and discharges Landlord from all and any manner of rights, demands, liabilities, obligations, claims, or cause of actions, in law or equity, of whatever kind or nature, whether known or unknown, whether now existing or hereinafter arising; which arise from or relate in any manner to the expiration of the Lease term or any termination of Tenant's leasehold interest in the Premises following uncured default by Tenant after proper notice as required by this Lease and expiration of any applicable cure period, including any right to 16 relocation benefits, assistance and/or payments under Government Code sections 7260 et seq. ("Relocation Assistance Law"), notwithstanding that such relocation assistance, benefits and/or payments may be otherwise required under the Relocation Assistance Law or other state or federal law. Tenant acknowledges and agrees that the release and waiver set forth in this Paragraph is material consideration for Landlord's lease of the Premises to Tenant on the terms set forth herein and that, but for this release and waiver, Landlord would not have leased the Premises to Tenant. It is hereby intended that the above release relates to both known and unknown claims that the Tenant may have, or claim to have, against the Landlord with respect to the subject matter contained herein or the events relating thereto. By releasing and forever discharging claims both known and unknown which are related to or which arise under or in connection with the items set out above, Tenant expressly waives any rights under Civil Code section 1542, which provides:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT
THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM
MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE
DEBTOR."
ARTICLE 28. HOLDING OVER.
If Tenant should remain in possession of the Premises after the expiration of the term of this. Lease without executing a new Lease or after Landlord has declared a forfeiture by reason of a detault by Tenant, then such holding over shall be construed as a tenancy from month-to- month, subject to all conditions, provisions and obligations of this Lease insofar as they are applicable to a month-to-month tenancy.
ARTICLE 29. LIABILITY TO SUCCESSORS.
The covenants and conditions herein contained shall, subject to the provisions as to assignment, apply to and bind the heirs, successors, executors, administrators and assigns of the parties hereto.
ARTICLE 30. NOTICES.
All notices to be given by one party to the other or options to be exercised under this Lease shall be in writing, mailed or delivered to the other party at the following addresses:
Landlord: City of Pacifica
170 Santa Maria Avenue
Pacifica, CA 94044
Attention: City Manager
with a copy to: City of Pacifica
170 Santa Maria Avenue
Pacifica, CA 94044
Attention: City Attorney
17 Tenant: Spindrift School of Performing Arts
1050 Crespi Drive
Pacifica, CA 94044
Postal Service or the next business day if mailed by overnight delivery. Either party may, by proper notice, at any time designate a different address to which notices shall be sent.
ARTICLE 31. MISCELLANEOUS.
31.01 Interpretation. Unless the context clearly requires otherwise, (a) the plural and singular numbers shall each be deemed to include the other; (b) the masculine, feminine, and neuter genders shall each be deemed to include the others; (c) "shall," "will," or "agrees" are mandatory, and "may" is permissive; (d) "or" is not exclusive; (e) "includes" and "including" are not limiting; and (f) "days" means calendar days unless specifically provided otherwise.
31.02 Headings. The headings or titles to the paragraphs of this Lease are for convenience only and do not in any way define, limit or construe the contents of such paragraphs.
31.03 Entire Agreement. This instrument contains all of the agreements and conditions made between the parties with respect to the hiring of the Premises and may not be modified orally or in any manner except by a written instrument signed by all the parties to this Lease.
31.04 Choice of Law: Venue. The laws of the State of California, without regard to principles of choice of law, shall govern the validity, performance and enforcement of this Lease. • Venue shall reside in the court of appropriate jurisdiction in San Mateo County, California.
31.05 Severability. If any provision of this Lease is determined to be void by any court of competent jurisdiction, such determination shall not affect any other provision of this Lease and such other provisions shall remain in full force and effect. If any provision of this Lease is capable of two constructions, one which would render the provision void and one which would render the provision valid, the provision shall be interpreted in the manner which would render it valid.
31.06 Payments. Except as may otherwise be expressly stated, each payment required to be made by the Tenant shall be in addition to and not in substitution for other payments to be made by Tenant.
31.07 Joint and Several. If there is more than one Tenant, the obligations hereunder imposed upon Tenant shall be joint and several. Notwithstanding the foregoing, no personal liability for the obligations of Tenant hereunder shall accrue to the members, trustees, officers, shareholders or directors of the non-profit public benefit corporation which is Tenant, provided Tenant maintains its status as a tax-exempt, non-profit public benefit corporation. 18 31.08 Authority. Tenant and each person executing this lease on behalf of Tenant does hereby covenant and warrant that: (a) Tenant is duly incorporated or otherwise established or formed and validly existing under the laws of its state of incorporation, establishment or formation; (b) Tenant has and is duly qualified to do business in California; (c) Tenant has full corporate, partnership, trust, association or other power and authority to enter into this Lease and to perform all of Tenant's obligations hereunder; and (d) each person (and all of the persons if more than one signs) signing this Lease on behalf of Tenant is duly and validly authorized to do so.
31.09 No Waiver. No delay or omission in the exercise of any right or remedy of Landlord or Tenant on any default by the other party shall impair such a right or remedy or be construed as a waiver. No covenant or condition of this Lease can be waived except by the written consent of Landlord, and forbearance or indulgence by Landlord in any regard whatsoever shall not constitute a waiver of the covenant or condition to be performed by Tenant to which the same may apply, and until complete performance by Tenant of said covenant or condition, Landlord shall be entitled to invoke any remedy available unto it under this Lease or by law, despite said forbearance or indulgence. Landlord's consent to or approval of any act by Tenant requiring Landlord's consent or approval must be in writing and such consent or approval shall not be deemed to waive or render unnecessary Landlord's consent to or approval of any subsequent act by Tenant. Any waiver by Landlord of any default must also be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Lease.
31.10 Time of Essence. Time is of the essence in this Lease.
31.11 Acts of God and/or Natural Disasters.
A. This Lease and the obligation of Tenant to pay rent hereunder and to keep, observe and perform all of the other terms, covenants, conditions, provisions and agreements of this Lease on the part of Tenant to be kept, observed or performed shall in no way be affected, impaired or excused because Landlord is unable to fulfill any of its obligations under this Lease or to make or supply, or is delayed or curtailed in making or supplying, any service expressly or impliedly to be supplied, any repairs, alterations, decorations, additions or improvements, or any equipment or fixtures, if Landlord is prevented, delayed or curtailed from so doing by reason of any cause beyond Landlord's reasonable control, including, but not limited to, Acts of God, strike or labor troubles, fuel or energy shortages, governmental preemption or curtailment in connection with a national emergency or in connection with any rule, order, guideline or regulation of any department or governmental agency, or by reason of the conditions of supply and demand which have been or are affected by a war or other emergency. Any such prevention, delay or curtailment shall be deemed excused and Landlord shall not be subject to any liability resulting therefrom.
B. Subject to the limitations set forth below, the dates specified in this Lease and in the Schedule of Performance for performance of Tenant's Installation Work shall be extended, where delays are due to Acts of God, strike or labor troubles, fuel or energy shortages, governmental preemption or curtailment in connection with a national emergency or in connection with any rule, order, guideline or regulation of any department or governmental 19 agency, or by reason of the conditions of supply and demand which have been or are affected by a war or other emergency. An extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause (but in any event shall not exceed a cumulative total of one hundred twenty (120) days), if notice by Tenant is sent to Landlord within thirty (30) days of the commencement of the cause. Tenant acknowledges that adverse changes in economic conditions, either of Tenant specifically or the economy generally, changes in market conditions or demand, and/or inability to obtain financing or other lack of funding to complete Tenant's Installation Work shall not constitute grounds of enforced delay pursuant to this Paragraph. Tenant expressly assumes the risk of such adverse economic or market changes and/or financial inability, whether or not foreseeable as of the date of this Lease.
31.12 Relationship of Parties. The relationship of the parties hereto is that of Landlord and Tenant and it is expressly understood and agreed that Landlord is not in any way or for any purpose a partner of Tenant, or a joint venturer with Tenant in the performance of Tenant's Installation Work or in the conduct of Tenant's business or otherwise.
31.13 Non-Discrimination. Tenant shall not, in any activity conducted on the Premises, or in any manner, discriminate against any person on the basis of race, color, religion, age, gender, sexual orientation or national origin. Failure to comply with this provision shall be deemed a breach of this Lease.
20 31.14 Brokerage Commissions. Tenant represents and -warrants that there are no claims for brokerage commissions or finders' fees arising from Tenant's activities in connection with this Lease, and Tenant agrees to indemnify and hold Landlord harmless from all liability arising from any such claim.
LANDLORD: - AND - TENANT:
CITY OF PACIFICA, a California SPINDRIFT SCHOOL OF PERFORMING Municipal corporation ARTS, a California
non-profit
corporation
Lorie Tinfow locite E. Deweese
Its: City Manager Its: Executive Director
By:-
Kathy O'Connec
Its:
Kathy O'Copmell
City Clerk
Kenyon
City Attorney
21 • °
EXHIBIT A
[Map of Propertyl
EXHIBIT B
[Map of Premises]
• '
EXHIBIT C
[Schedule of Performance]
To be added upon landlord's approval of the installation plans.
1. Scope of Work
The Spindrift School of Performing Arts (SSPA) will perform the following work and improvements to install 9 trailers (1 building) at 1050 Crespi Drive:
a. Site Preparation and Demolition of Concrete Bathroom The site preparation of the property will involve, at a minimum, the following:
Demolish and remove unused concrete bathrooms
Work with city staff on possible tree protection and trimming of lower tree branches Prepare site and ground for the piers the trailers will sit on - Relocate picnic benches
Remove broken bbqs and benches
Install piers
Install new sewer line
Install new water line
- Install new electrical service
b. Trailer Installation
The Trailer Installation at the property will include, at a minimum, all of the following:
Transport and install 9 trailers (approx. 12X56)
Reconnect trailers to new sewer/water/electrical
C. Trailer Enhancements and Renovation
The trailers will be modified to the needs of SSPA and to bring them up to code at the property.
This is will involve, at a minimum, the following:
Install steel beams to remove interior walls
Interior reattachment, relocate walls, new doors
Fire sprinkler system to be determined with the fire marshal Flooring
Interior paint
- Installation of theatre lighting/small stage
d. Exterior Enhancements and Site Work
- New roof (including removal of old roof) will be installed on the trailers - Site walkways and landscaping will be installed