ATTACHMENT #1
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FIRST AMENDMENT TO LEASE AGREEMENT BETWEEN
CITY OF THOUSAND OAKS
AND THE CONEJO VALLEY UNIFIED SCHOOL DISTRICT FOR
110 SOUTH CONEJO SCHOOL ROAD, THOUSAND OAKS, CA 91362
THIS FIRST AMENDMENT TO LEASE AGREEMENT (“Amendment”) is made and entered into as of January 14, 2025 (the “Effective Date”) by and between the CITY OF THOUSAND OAKS, hereinafter referred to as “City” and CONEJO VALLEY UNIFIED SCHOOL DISTRICT, hereinafter referred to as “Lessee.” City and Lessee are sometimes individually referred to herein as a “Party” and collectively as the “Parties.”
RECITALS
A. City and Lessee are parties to a Lease Agreement (Agreement) dated July 1, 2017 (City Contract No. 11452-2017) for that certain real property located at 110 South Conejo School Road, Thousand Oaks, California 91362, together with all appurtenant improvements, rights, interests, easements, tenements and estates (the “Premises”).
B. Agreement currently, and as may have previously been amended, automatically renews annually until June 30, 2027
C. Lessee would like to replace certain playground equipment on the Premises and is seeking an early extension of the Lease Agreement in order to secure the investment thereon.
D. City is in need of adding additional insurance coverage and clarifying language to certain of the lease terms.
E. City and Lessee desire to extend the term of the Agreement and clarify certain lease terms as set forth below while keeping all other terms intact.
NOW, THEREFORE, in consideration of the foregoing recitals, and the mutual promises and covenants of the Parties set forth herein, and other valuable consideration, the receipt and sufficiency of which the Parties acknowledge, the Parties agree as follows:
Part 1. The term of the Agreement is hereby extended by an additional 5 years plus five one-year options, and Section 3 of the Agreement is hereby amended to read as follows:
Section 3. Term
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The initial term of this Lease shall run through June 30, 2032. This Agreement may be renewed annually upon City approval until June 30, 2037 (each additional year, an “Extended Term”). District must give City notice of their intention to renew no later than December 31 of the year preceding the June 30 expiration.
Part 2. Section 9 is hereby amended in part to add subsections d and e as follows:
Section 9. Lessee’s Obligations
…
d. Lessee shall be solely responsible for the inspection, maintenance and repair of any tenant improvements or additions to the Premises made after City approval.
e. Lessee shall not in any way alter the flower beds or landscaped areas for any other purpose nor otherwise subsume said spaces as playground areas.
Part 3. Section 12 is hereby amended to add a new subsection “e” to memorialize Lessee’s rights and obligations with respect to the planned new playground equipment, which shall read in its entirety as follows:
e. Lessee’s Personal Property. The proposed equipment to be installed (child playground structure) shall be purchased, installed, owned and maintained by Lessee. Unless otherwise agreed to by the Parties, said personal property shall be removed by Lessee from the Premises upon termination of the Lease.
Part 4. Section 13 is hereby amended to clarify City’s responsibilities with regard to new improvements to be installed by Lessee and shall now read as follows:
Section 13. Maintenance and Utilities
City’s responsibilities for maintenance and utilities at the Premises shall include the following:
a. Cleaning, Repair, and Maintenance. City shall provide trash services and janitorial services, at its expense, to clean the interior of Premises on a daily basis, Monday through Friday. City, at its expense, shall clean, repair, and maintain mechanical, structural, electrical, or plumbing repairs, heating and air conditioning, parking lot, washer, dryer, kitchen refrigerator, and exterior landscaping, in reasonably good order and condition so as to meet the reasonable needs of Lessee, except for damage, excluding normal wear and tear, caused by FIN:201-10\aw\
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Lessee. City’s responsibilities shall not extend to any playground equipment maintenance and repair.
Part 5. Section 14, Insurance, is hereby amended in part to add a new section a.iv. Sexual Abuse or Molestation Liability coverage requirement as follows:
Section 14. Insurance
a. Lessee’s Insurance Coverage. Without limiting Lessee’s indemnification of City, and prior to occupation of the Premises, Lessee shall obtain, provide, and maintain at its own expense during the Term, policies of insurance of the type and amounts described below and in a form that is satisfactory to the City:
iv. Sexual Abuse or Molestation (SAM) Liability: If the CGL policy referenced above is not endorsed to include affirmative coverage for sexual abuse or molestation, Lessee shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit no less than $1,000,000 per occurrence or claim
Part. 6. Section 31 “Notices” is hereby amended to update City contact information and shall now read as follows:
Section 31. NOTICES
Any notices permitted or required to be given or served by either Party to the other shall be in writing and delivered personally, or by depositing said notice in the United States mail, sent by certified or registered mail, postage prepaid, or by nationally recognized courier or overnight delivery service (e.g., Federal Express), and addressed as follows:
TO CITY: City of Thousand Oaks
Attn: Facilities Manager
2100 E. Thousand Oaks Boulevard
Thousand Oaks, CA 91362
TO LESSEE: Conejo Valley Unified School District
Attn: Assistant Superintendent Business Services
1400 E. Janss Road
Thousand Oaks, CA 91360
Either Party may, by written notice to the other, designate a different address which shall be substituted for the one specified above. Any such notice shall be deemed to have been delivered upon its receipt or upon the second attempt at delivery, as evidenced by the regular records of the person or entity attempting delivery.
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Part 7. Section 37 “Counterparts” is hereby replaced with new Section 37 “Signatures” to include City’s current signature policy, and shall now read in its entirety as follows:
37. SIGNATURES
(a) Counterparts. This Agreement may be executed in two or more counterparts, each of which together shall be deemed an original, but all of which together shall constitute one and the same instrument.
(b) Scanned Signatures. In the event that any signature is delivered by facsimile transmission or submitted electronically as a scanned image (i.e. files with .pdf, .tiff or .jpeg extensions), such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such facsimile or scanned signature page were an original thereof.
(c) Digital/Electronic Signatures. This Agreement may be executed through the use of digital or electronic signatures provided they meet the requirements of the Electronic Signatures in Global and National Commerce (ESIGN) Act and the California Uniform Electronic Transactions Act (UETA) and are produced using a City-approved method. The presence of an electronic signature on this document shall be construed as the parties’ consent to do business electronically.
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Part 8. All terms used in Parts 1 through 7 above shall have the meanings ascribed thereto in Agreement. Except as amended in Parts 1 through 7 above, all other sections, terms, obligations, duties, clauses, and provisions of Agreement shall remain the same.
IN WITNESS WHEREOF, the parties execute this First Amendment to Lease Agreement as of the date set forth above.
CONEJO VALLEY UNIFIED SCHOOL
DISTRICT (LESSEE):
Bill Gorback, CVUSD Clerk Board
Victor P. Hayek, Deputy Superintendent
CITY OF THOUSAND OAKS
David Newman, Mayor
APPROVED AS TO
ADMINISTRATION:
Andrew P. Powers, City Manager
ATTEST:
Laura B. Maguire, City Clerk
APPROVED BY DEPARTMENT HEAD: APPROVED AS TO FORM:
Office of the City Attorney
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Jaime Boscarino, Finance Director Tracy Friedl, Assistant City Attorney