ATTACHMENT #1
LEASE BETWEEN CITY OF THOUSAND OAKS AND
CABRILLO MUSIC THEATRE, INC., DBA 5-STAR THEATRICALS
FOR OFFICE SPACE AT THE CIVIC ARTS PLAZA
This LEASE AGREEMENT is made this 8 th day of July, 2025, by and between City of Thousand Oaks, hereinafter referred to as “CITY” or “LESSOR”, and CABRILLO MUSIC THEATRE, INC., DBA 5-STAR THEA TRICALS, hereinafter referred to as “5-STAR” or “TENANT”.
RECITALS
A. Ci
ty is the owner of Civic Arts Plaza consisting of two theaters, offices and parking structure, located at 2100 E. Thousand Oaks Blvd., Thousand Oaks, California, known as Civic Arts Plaza (“Plaza”).
B. 5-STAR i
s a volunteer based non- profit theatre company whose mission is to introduce music to diverse and underserved populations. For over 40 years, 5- STAR has enriched life in Southern California by providing performing arts through live musical theatre.
C. On J
une 24, 2025, the Thousand Oaks City Council approved 5-STAR to continue as the Resident symphony at the Bank of America Performing Arts Center located at the Civic Arts Plaza for a term running from July 1, 2025 until June 30, 2028.
D. The pr
esence of 5-STAR at the Civic Arts Plaza supports the City Council goal to continue the City’s commitment to cultural programs and services.
E. 5-STAR h
as leased office space from City since July 1995. The leased space is approximately 870 square feet of office space on the second floor of the Plaza office building identified in Exhibit “A” hereto, (“Premises”) for use as publicly accessible office space for public outreach programs and business purposes.
F. The most recent lease for office space was executed between the CITY and 5- STAR on June 5, 2018 with a term ending June 30, 2025.
G. 5-STAR des
ires to continue leasing the office space and CITY desires to lease said premises to 5-STAR on a month-to-month basis for its’ specified business purposes pursuant to the terms listed below.
NOW, THEREFORE, the parties hereto agree as follows:
Section 1. Definitions
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Unless the context otherwise requires , the terms defined in this Section 1 shall have the meanings as set forth below:
“Anniversary Date” means July 1st.
“Com
mon Areas” mean all areas and facilities outside the Premises and within the Plaza boundaries that are for the general use and convenience of 5- STAR’s employees, customers, or invitees as well as the public, employees, customers, and invitees of CITY and other tenants. Common Areas include without limitation, the Parking Structure, restrooms, walkways, paths of travel to the parking structure from the Premises, and the Plaza areas on the second and third floors. Common Areas do not include City Exclusive Areas. “Ex
clusive Areas” mean all areas and facilities that are not accessible to the public.
“Par
king Structure” means the building at the Plaza which is designed specifically for automobile parking and contains approximately 773 spaces on 5 ½ levels.
“Pr
emises” means approximately 870 gross square feet of office space and 250 square feet of shared break room on the second floor of the Plaza office building identified on the floor plan, Exhibit “A”.
Sectio
n 2. Agreement to Lease
Pursuant to the provisions set forth herein, CITY hereby leases the Premises to 5-STAR and grants the below -described appurtenant rights on a month-to-month basis for the term set out below. 5-STAR hereby agrees to lease Premises from CITY on the terms, provisions and conditions set forth herein.
Secti
on 3. Term
The term of this Agreement shall match the Resident Status expiration date of June 30, 2028, unless either party terminates said agreement in writing according to the terms in Section 4 below. In the event that 5-STAR’s Resident Status is renewed beyond 2028, this Agreement will automatically extend a maximum of one (1) time for three (3) additional years through June 30, 2031, or through the corresponding period of residence, whichever is less. If 5-STAR’S Resident Status is not renewed or is terminated at any time prior to the end of a term period, this Agreement shall terminate as of the effective date of the termination of the Resident Status. In that event, 5-STAR would have 3 0 days from the date of termination to vacate the Premises.
Sec
tion 4. Termination
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CITY and TENANT retain the right, in their sole and absolute discretion and without cause, to terminate the Agreement upon thirty (30) days prior written notice to the other party.
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n the event this Agreement is terminated for reasons other than those stated in Section 18 of this Lease, TENANT shall remove all personal property and vacate the Premises within 30 days after the effective date of termination, and TENANT shall not have the right to occupy the Premises. Should TENANT continue to occupy the space after termination, without the express written consent of CITY, it is agreed that said occupancy shall constitute a trespass and that, in addition to any other remedies available t o it, CITY shall be entitled to seek immediate injunctive relief.
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ection 5. Appurtenant
The appurtenant rights granted to the 5-STAR under this Agreement are as follows:
A. T
he right of non-exclusive pedestrian ingress and egress through the Common Areas of the Plaza to the Premises.
B. T
he nonexclusive right to use of: parking spaces for parking purposes only in the Parking Structure and surface parking area adjacent to the second floor entrance, and public restrooms.
C. T
he exclusive right to the use of one parking space in the Kavli loading dock parking area for the Music Van. Designated space must be approved by CITY and may change depending on CITY’s needs. At no time shall any inoperable or abandoned vehicles be left in the parking space for longer than 72 hours. 5-STAR will be responsible for any hazardous materials contaminating the exposed ground area.
D. U
se of Plaza telephone system infrastructure subject to coordination with City Facilities Manager. 5-STAR to be responsible for phone services and any related charges.
E. R
ight to reserve Acorn Meeting room in Plaza Tenant area.
Reservations are on a first-come, first-serve basis and are coordinated through the Customer Service Division of the City.
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Section 6. Rent
5-ST
AR shall pay to CITY an annual rent of one dollar ( $1.00) per year payable on the Anniversary Date each year.
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ent and/or any money due hereunder shall be deposited by 5-STAR on or before the due dates, in lawful money of the United States of America at the office of the City’s Finance Director, 2100 E. Thousand Oaks Blvd., Thousand Oaks, CA 91362, or at such other place or places as may be designated by City.
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ection 7. Acceptance of Premises
5-ST AR accepts Premises as is. At all times during the Term of this Lease and at 5-STAR’s sole cost, 5-STAR shall keep the Premises in good condition and repair excluding ordinary wear and tear and damage to the Premises by fire, earthquake, act of God, or from the elements. At the end of the Term of this Lease, 5-STAR shall surrender to CITY Premises in the same condition as when received excluding ordinary wear and tear and damage by fire, earthquake, act of God, or from the elements. CITY has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof. CITY has made no representations respecting the condition of the Premises or the building, except as specifically set forth in this Lease. 5-STAR warrants that it has inspected the Premises and accepts them as is.
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ection 8. 5- STAR Obligations
5-STAR shall be solely responsible for and shall pay for all costs, expenses, and services in connection with this lease, excepting only those items specifically enumerated in Section 11, including but not limited to office secretarial/reception services, supplies, postage, telephone service, office equipment and other equipment, services and fixtures 5-STAR deems are necessary for its operation in Premises.
5-ST
AR shall be responsible for and shall pay any and all taxes and assessments of any nature whatsoever, including, but not limited to, personal property taxes, possessory interest taxes, excise taxes, ad valorum taxes, and public improvements assessments, if any levied as the result of this Lease or upon 5-STAR and/or Premises.
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he amounts payable hereunder shall be paid by 5- STAR directly to the taxing entity, service provider, insurance company, entity, person or persons to whom such amounts shall be due and payable. 5-STAR shall pay all such amounts when due, or when such amounts may be paid without penalty.
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ection 9. Use Limitations: Hazardous Substances
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The use of the Premises shall be restricted to solely 5- STAR’s business activities. Without prior written approval of City, 5-STAR shall not engage in any activity in or about the Premises that constitutes a reportable use of any hazardous substance nor shall 5- STAR store any hazardous substance. 5-STAR shall not use the Premises in a manner that creates waste or a public or private nuisance, or unreasonably disturbs the occupants of the Plaza.
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ection 10. Security and Access
5-ST AR will have access to Premises at all times. 5-STAR shall be issued a separate key to the Premises and will be responsible for securing said Premises.
Only 5-STAR employees, staff, or volunteers of 5-STAR may access the Premises after regular business hours. Access to Common Areas and Premises after hours by others except 5-STAR employees, staff, or volunteers must be approved and coordinated with the City’s Facilities Division.
CI
TY shall issue access cards for 24/7 access to the Premises and parking structure. A maximum of ten cards will be issued during the term of this lease.
Additional or lost cards will be replaced at a cost of $10.00 per card.
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ection 11. Maintenance and Utilities
A. C
ity shall not provide janitorial services for the interior of Premises. 5-STAR shall maintain Premises in a reasonable manner. Damage, excluding normal wear and tear, caused by 5- STAR shall be repaired by City at 5- STAR’s expense.
B. T
he City at its expense will clean, maintain and repair the public and common areas of the Plaza, except for damage, excluding normal wear and tear, caused by 5- STAR. Damage caused by 5-STAR shall be repaired by City at 5- STAR’s expense.
C. Cit
y shall furnish (i) electricity for lighting and the operation of office machines; (ii) heat and air conditioning will be provided to the same extent that such climate control is maintained and programmed for the majority of the Plaza, during the per iod from 6:00 a.m. to midnight , or a shorter period as may be prescribed by applicable policies or regulations adopted by any utility or governmental agency; (iii) general trash collection from the Plaza; (iv) lighting replacement for building standard lights ; (v) restroom supplies; (vi) reasonable window washing; and (vii) water and wastewater services for the restrooms. City may establish reasonable measures to conserve energy and water including, but not limited to, automatic light shut off after hours and other energy efficiency measures, so long as these measures do not unreasonably interfere with 5- STAR’s use of Premises.
D. C
ity shall not be in default under this Lease, nor be liable for any damages resulting from, nor shall the required rent be abated because of (i) FIN:201-10\aw\jkb\H:\COMMON\Contracts & RFPs\LEASES\CAP Tenant Leases\5 Star Cabrillo\Cabrillo Music Theatre Inc. DBA 5-Star Theatrical Lease Agreement 2025.docx
installation, use or interruption of use of any equipment in connection with furnishing the previously listed services; (ii) failure to furnish or delay in furnishing these services, when failure or delay is caused by accident or conditions beyond the reasonable control of City or by necessary repairs or improvements to the Premises or to the building; or (iii) the limitation, curtailment, rationing, or restrictions on use of water, electricity, gas, or any other form of energy serving the Premises or the building. City shall use reasonable efforts to diligently remedy interruptions in the furnishing of these services.
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ection 12. Insurance
Commercial General Personal Injury/Property Damage Liability: 5- STAR shall, at 5- STAR’s sole cost and expense and throughout the term of this Agreement and any extensions thereof, carry Commercial General Personal Injury/Property Damage Liability insurance with liability limits of not less than $1,000,000 each claimant, and $1,000,000 each occurrence for the injury or death of a person or persons, and property damage occurring on or arising out of 5- STAR’s use of Premises and all appurtenant right areas, which policy may have an aggregate annual limit, but in an amount of no less than $2,000,000. 5-ST
AR shall provide Property Insurance: Causes of Loss - Special Form (formerly known as “all risk”) with coverage limits providing 100% Replacement Cost, on an Agreed Value Basis, and in compliance with all laws, regulations or ordinances affecting such property at any time during the Lease including all the items included in Tenant’s Work, and all equipment and other property used in connection therewith, including Tenant’s business personal property, HVAC, trade fixtures and signs from time to time in, on, adjacent to or upon the Leased Premises, pursuant to the terms of this Lease, and shall not be subject to coinsurance. City and 5-STAR shall be additional insured by endorsement to the policy. Policy shall waive rights of subrogation by endorsement.
Automobile Liability: TENANT shall, at TENANT’s sole cost and expense and throughout the term of this Agreement, and any extensions thereof, carry Automobile Liability insurance coverage at least as broad as Insurance Services form CA 00 01 or the exact equivalent covering bodily injury and property damage for all activities of TENANT arising out of or in connection with the work to be performed under this Agreement, including coverage of any owned, hired, non- owned, or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
A
ll insurance policies shall be issued by a financially responsible company or companies authorized to do business in the State of California with at least an A rating. The City of Thousand Oaks, its elected officials, officers, employees, and volunteers shall be named as additional insured. 5-STAR shall provide CITY with copies of certificates (on City certificate form or an Accord form as modified per City direction) for all policies, with the appropriate named additional insured coverage and an endorsement that they are not subject to cancellation without 30 FIN:201-10\aw\jkb\H:\COMMON\Contracts & RFPs\LEASES\CAP Tenant Leases\5 Star Cabrillo\Cabrillo Music Theatre Inc. DBA 5-Star Theatrical Lease Agreement 2025.docx
days prior written notice to CITY. Insurance to be carried by 5- STAR under this Agreement shall be primary to and not contributory with any similar insurance carried or self-insurance maintained by City , whose insurance or self -insurance program shall only be considered excess.
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ection 13. No Assignment and Sublease
5-STAR may not mortgage, encumber, pledge, assign, sublease or transfer any interest of the 5- STAR in this Agreement or Premises by voluntary act or by operation of law, or otherwise. Any such act will result in automatic termination of this Agreement.
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ection 14. Additions and Improvements
5-STAR shall not have the right to make any tenant improvements , additions or structural alterations to the Premises. 5-STAR shall not attach or alter wiring, plumbing, ducts, or fixtures. All desks , office partitions , furniture, other equipment and other personal property shall be the property of 5- STAR unless otherwise designated as property of City.
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ection 15. Right of Entry: Inspection
Representatives of CITY shall, subject to reasonable security precautions, have the right to enter upon Premises at all times : (i) to inspect the same; (ii) for any purpose connected with the rights or obligations of CITY under this Agreement; (iii) to determine compliance with this Agreement; or (iv) for all other lawful purposes.
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ection 16. Repairs and Governmental Regulations
A. 5-STAR shall not be obligated to make any repairs, replacements or renewals of any kind, nature or description whatsoever to Premises, and 5- STAR hereby expressly waives all right to make repairs at CITY's expense under sections 1941 and 1942 of the California Civil Code, or any amendments thereof .
Notwithstanding the foregoing, 5- STAR shall be responsible for cost of repairs beyond normal wear and tear to Premises even if paid for by CITY.
B. 5-ST
AR shall c omply with and abide by all federal, state, county, municipal and other governmental statutes, ordinances, laws and regulations affecting Premises, or any activity or condition on or in Premises.
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ection 17. Indemnification and Hold Harmless Agreement
(a) Hold Harmless for TENANT's Damages. 5-STAR holds CITY, its elected officials, officers, agents, employees and volunteers, harmless from all of 5-STAR's claims, demands, lawsuits, judgments, damages, losses, injuries or liability to 5- STAR, to 5- STAR's employees, to 5- STAR’s contractors or subcontractors, or to the owners of 5-STAR, which damages, losses, injuries or FIN:201-10\aw\jkb\H:\COMMON\Contracts & RFPs\LEASES\CAP Tenant Leases\5 Star Cabrillo\Cabrillo Music Theatre Inc. DBA 5-Star Theatrical Lease Agreement 2025.docx
liability occur during the performance of any activity or work required under this Agreement.
(b
) Defense and Indemnity of Third Party Claims/Liability. 5-STAR shall indemnify, defend with legal counsel approved by CITY, and hold harmless CITY, its officers, officials, employees and volunteers from and against all liability including, but not limited to, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with 5- STAR’s negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in the Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of CITY.
(c
) Nonwaiver. City does not waive, nor shall be deemed to have waived, any indemnity, defense or hold harmless rights under this section because of the acceptance by City, or the deposit with City, of any insurance certificates or policies described in Section 12.
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ection 18. 5- STAR's Defaults and City’s Remedies
A. The following shall constitute Events of Default by 5-STAR:
1. 5-STAR does not timely remit payment of any rent or other moneys due hereunder and such nonpayment continues for a period of ten (10) days after written notice thereof to 5-STAR;
2. 5-STAR fails in the performance or observance of any of the other agreements, covenants or conditions of this Agreement on the part of 5- STAR to be performed and observed and such default shall continue for a period of thirty (30) days after written notice thereof to 5- STAR, or, in the case of a default which cannot be cured by the payment of money and cannot be cured within thirty (30) days, shall continue for an unreasonable period after such written notice;
3. 5-STAR abandons Premises;
4. 5-STAR admits in writing its inability to pay its debts generally as they become due, files a petition in bankruptcy, insolvency, reorganization, readjustment of debt, dissolution or liquidation under any law or statute of the federal government or any state government or any subdivision of either now or hereafter in effect, makes an assignment for the benefit of its creditors, consents to, or acquiesces in the appointment of a receiver of itself or of the whole or any substantial part of Premises;
5. A court of competent jurisdiction enters an order, judgment or decree appointing a receiver of 5-STAR or of the whole or any substantial part of Premises, and such order, judgment or decree is not vacated, set aside or FIN:201-10\aw\jkb\H:\COMMON\Contracts & RFPs\LEASES\CAP Tenant Leases\5 Star Cabrillo\Cabrillo Music Theatre Inc. DBA 5-Star Theatrical Lease Agreement 2025.docx
stayed within sixty (60) days from the date of entry of such order, judgment or decree;
6. A court of competent jurisdiction enters an order, judgment or decree approving a petition filed against 5-STAR under any bankruptcy, insolvency, reorganization, readjustment of debt, dissolution or liquidation law or statute of the Federal government or any state government or any subdivision of either now or hereafter in effect, and such order judgment or decree is not vacated, set aside or stayed within sixty (60) days from the date of entry of such order, judgment or decree; or
7. Under the provisions of any other law for the relief or aid of debtors, a court of competent jurisdiction assumes custody or control of 5-STAR or of the whole or any substantial part of Premises, and such custody or control is not terminated within sixty (60) days from the date of assumption of such custody or control.
B. Upon the occurrence of any Event of Default by 5- STAR hereunder, CITY shall have the following rights and remedies, in addition to all other rights and remedies of CITY provided hereunder or by law:
1. The right to terminate this Agreement , in which event 5- STAR shall immediately surrender possession of Pr emises, and pay to CITY all rent and all other amounts payable by 5-STAR hereunder to the date of such termination.
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ection 19. Mechanics Liens
5-ST AR shall promptly pay or cause to be paid all sums of money that may become due for any labor, services, materials, supplies, or equipment alleged to have been furnished or to be furnished to or for, in, upon or about Premises, and which may be secured by any mechanic’s, materialman’s or other lien against Premises and shall cause each such lien to be fully discharged and released; provided, 5-STAR (i) may contest any such claim or lien without payment thereof so long as such nonpayment and contest stays execution or enforcement of the lien, but if such lien is reduced to final judgment and such judgment or such process as may be issued for the enforcement thereof is not stayed, or if stayed and the stay thereafter expires, then 5-STAR shall forthwith pay and discharge or cause to be paid and discharged such judgment or lien; (ii) may delay payment without contest so long as and to the extent that such delay will not result in the change of possession or interest in the Premises, imposition of any penalt y or foreclosure.
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ection 20. Real Property Taxes.
Because of this Agreement , a possessory interest subject to property tax may be created. To the extent and for such time as the real property is subject to FIN:201-10\aw\jkb\H:\COMMON\Contracts & RFPs\LEASES\CAP Tenant Leases\5 Star Cabrillo\Cabrillo Music Theatre Inc. DBA 5-Star Theatrical Lease Agreement 2025.docx
any real property tax to CITY, 5-STAR shall be responsible for such tax and CITY shall not be responsible for such tax.
5-STAR further acknowledges, understands and hereby agrees to pay and assume, when due and owing, and hold CITY free and harmless from liability thereon, all such tax levied by reason of such possessory interest. In this regard the following notice is given to 5-STAR:
“NOTICE. Pursuant Revenue and Taxation Code S ection 107.6 a possessory interest as defined in Sections 107 and 107.4 may be created by this agreement, and may be subject to property taxation, in which event the private party to this agreement in which the possessory interest is vested may be subject to the payment of property tax levied on such interest.” S
ection 21. Destruction
If during the term, the Premises are totally or partially destroyed from any cause, rendering the same totally or partially inaccessible or unusable, this Agreement shall automatically terminate. In such event neither party shall have an obligation to the other party under this Agreement except Section 17 shall survive said termination.
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ection 22. Quiet Enjoyment
CITY covenants and agrees that 5- STAR, by keeping and performing the covenants and agreements herein contained, shall, at all times during the term hereof, peaceably and quietly have, hold and enjoy Premises. 5-ST
AR acknowledges Premises is located adjacent to a public theater and City Hall lobby which will have normal pedestrian noise associated with its location.
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ection 23. Subordination; Attornment
T his Agreement shall be subordinated to and subject to any mortgage, deed of trust, CITY bond or certificate of participation now or hereafter placed by the CITY on Plaza. Such lender, bondholder or certification of participation holder is and shall not be liable for any act or default of CITY.
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ection 24. Waiver
If any action or proceeding is instituted or if any other steps are taken by CITY or 5-STAR, and a compromise, part payment or settlement thereof shall be made, either before or after judgment, the same shall not constitute or operate as a waiver by CITY or 5-STAR of any agreement, covenant or condition of this Agreement or of any subsequent breach thereof. No waiver of any default under this Agreement shall constitute or operate as a waiver of any subsequent default hereunder, and no delay, failure or omi ssion in exercising or enforcing any right, privilege, or option under this Agreement shall constitute a waiver, abandonment FIN:201-10\aw\jkb\H:\COMMON\Contracts & RFPs\LEASES\CAP Tenant Leases\5 Star Cabrillo\Cabrillo Music Theatre Inc. DBA 5-Star Theatrical Lease Agreement 2025.docx
or relinquishment thereof or prohibit or prevent any election under or enforcement or exercise of any right, privilege, or option hereunder. No waiver of any provision hereof by City or 5-STAR shall be deemed to have been made unless and until such waiver shall have been reduced to writing and signed by CITY or 5-STAR, as the case may be. The receipt by City of rent with knowledge of any default under this Agreement shall not constitute or operate as a waiver of such default. Payment by 5-STAR or receipt by CITY of a lesser amount than the stipulated rent or other sums due CITY shall operate only as a payment on account of such rent or other sums. No endorsement or statement on any check or other remittance or in any communication accompanying or relating to such payment shall operate as a compromise or accord and satisfaction unless the same is approved in writing by CITY, and CITY may accept such check, remittance or payment without prejudice to its right to recover the balance of any rent or other sums due by 5- STAR and pursue any remedy provided under this Agreement or by law.
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ection 25. Force Majeure
Neither party shall be chargeable with , liable for not acting on time, nor responsible to act on time, if unable to act because of any fire, earthquake, explosion, flood, war, riot, destruction of P remises, strike, material shortage, governmental stop order , or act of God that is beyond that parties control . Any such delay shall not be a breach of this Agreement.
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ection 26. Governing Law
This Agreement, and the rights and obligations of the parties, shall be governed and interpreted in accordance with the laws of the State of California.
Should litigation occur, venue shall be in Superior Court of Ventura County.
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ection 27. 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 TENANT: CABRILLO MUSIC THEATRE, INC., DBA 5-STAR
THEATRICALS
Attn: Cindy Murray
2100 E. Thousand Oaks Blvd., Suite B
Thousand Oaks, CA 91362
TO
CITY: City of Thousand Oaks
Attn: Jaime Boscarino, Finance Director
City of Thousand
2100 E. Thousand Oaks Blvd
Thousand Oaks, CA 91362
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Or
to such other address or addresses as such party may designate to the others by notice given in accordance with the provisions of this section.
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ection 28. L egal Advice
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ach party represents and warrants to the other the following: they have carefully read this Agreement, and in signing this Agreement, they do so with full knowledge of any right which they may have; they have received independent legal advice from their respective legal counsel as to the matters set forth in this Agreement, or have knowingly chosen not to consult legal counsel as to the matters set forth in this Agreement, and, they have freely signed this Agreement without any reliance upon any agreement, promise, statement or representation by or on behalf of the other party, or their respective agents, employees, or attorneys, except as specifically set forth in this Agreement, and without duress or coercion, whether economic or otherwise.
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ection 29. Time of Essence
Time is expressly made of the essence with respect to the performance by the CITY and 5-STAR of each and every obligation and condition of this Agreement.
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ection 30. Authorization
Each party has expressly authorized the execution of this Agreement on its behalf and bind said party and its respective administrators, officers, directors, shareholders, divisions, subsidiaries, agents, employees, successors, assigns, principals, partners, insurance carriers and any others who may claim through it to this Agreement.
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ection 31. Modifications
Any alteration, change or modification of or to this Agreement, in order to become effective, shall be made in writing and in each instance signed on behalf of each party.
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ection 32. Use Of The Term “City”
Reference to “City” in this Agreement includes City Manager or any authorized representative acting on behalf of City.
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ection 33. Severability
If any provision of this Agreement shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby.
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Section 34. 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.
LEVINE ACT COMPLIANCE
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alifornia Government Code section 84308 (Levine Act) prohibits any Thousand Oaks City Council member from participating in any action related to a contract, agreement, or franchise agreement if the councilmember receives a campaign contribution totaling more than $500 (aggregated) from the party to the contract, agreement, or franchise agreement, an agent of the party, or any financially interested participant who actively supports or opposes the matter within the previous twelve (12) months. Councilmembers must also disclose any eligible campaign contribution received on the record of the proceeding.
Councilmembers are also prohibited from soliciting, accepting or directing campaign contributions totaling more than $500 (aggregated) from the applicant or party, an agent of the applicant/party, or any financially interested participant who actively supports or opposes the matter within the previous twelve (12) months, and for twelve (12) months following the date a final decision on the contract/agreement is made.
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he Levine Act also requires parties to a contract, agreement, or franchise agreement to disclose any campaign contribution over $500 (aggregated) within the preceding twelve (12) months by the party to the agreement, contract, or franchise agreement. The Levine Act does not apply to contracts under $50,000, competitively bid, labor, or personal employment contracts. An agent to the Party/Consultant/Service Provider is prohibited from making any contributions whatsoever during this time period.
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In order to assure compliance with these requirements, Party/Consultant/Service Provider has provided the disclosure requirements identified in the Levine Act Disclosure Form, attached as Exhibit B, incorporated herein by reference, and Party/Consultant/Service Provider verifies by its signature that it has completed Exhibit B in compliance of these requirements.
P
arty/Consultant/Service Provider shall also be responsible for understanding and complying with requirements of Government Code section 84308, which prohibits parties to a contract/agreement, as well as their agents and representatives, from contributing more than $500 (aggregated) to a City Council member of the City of Thousand Oaks for the 12 months prior to the award of this Contract/Agreement, and for the 12 months following award of this Contract/Agreement. An agent to the Party/Consultant/Service Provider is prohibited from making any contributions whatsoever during this time period.
Where applicable, Party/Consultant/Service Provider shall disclose any post award campaign contributions prior to seeking an amendment to this Contract/Agreement.
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In concurrence and witness whereof, this Agreement has been executed by the parties effective on the date and year first written above.
CABRI
LLO MUSIC THEATRE, INC.,
DBA 5-STAR THEATRICALS
Cindy Murray, Executive Director
Peter Tompkins, Board Co-Chair
C
ITY OF THOUSAND OAKS:
___
___________________________
David Newman, Mayor
ATTEST:
Laura B. Maguire, City Clerk
A
PPROVED AS TO ADMINISTRATION:
Andrew P. Powers, City Manager
A
PPROVED BY DEPARTMENT HEAD:
Jaime Boscarino, Finance Director
A
PPROVED AS TO FORM:
Office of the City Attorney
Tracy Friedl, Assistant City Attorney
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EXHIBIT A
Docusign Envelope ID: 9BE44132-582B-42BF-ADAD-072FF1 B585FA
LEVINE ACT DISCLOSURE FORM
California Government Code section 84308 (Levine Act) prohibits any Thousand Oaks City Council member from participating in any action related to a contract, agreement, or franchise agreement (excluding labor or competitively bid contracts) if the Council member receives a campaign contribution totaling more than $500 (aggregated*) from the party to the contract, agreement or franchise agreement, their agents, or any financially interested participant who actively supports or opposes the matter within the previous twelve (12) months.
Council members must also disclose any eligible campaign contribution received on the record of the proceeding.
Council members are prohibited from accepting, soliciting, or directing a campaign contribution of more than $500 (aggregated) from a party, their agent/representative, or a financially interested participant during a proceeding and for 12 months following the date a final decision is made. In addition, a party, their agent/representative, or a financially interested participant is prohibited from contributing more than $500 (aggregated) to a Council member during a proceeding and for 12 months following the date a final decision is made.
The Levine Act also requires parties to certain contracts, agreements, or franchise agreements to disclose any campaign contribution over $500 (aggregated) within the preceding twelve (12) months by the party to the agreement, contract, or franchise agreement and their agents. The Levine Act does not apply to competitively bid, labor, or personal employment contracts.
D The Levine Act (Gov Code § 84308) DOES NOT apply to this proposal/application � The Levine Act (Gov Code § 84308) DOES apply to this proposal/application and the required disclosure is set forth below:
1. Have you or your company, or any agent on behalf of you or your company, made campaign contributions totaling more than $500 (aggregated) to any council member in the 12 months preceding the date you submitted your proposal/application, the date you completed this form, or the anticipated date of any Council action related to this proposal/application? 0 YES
� NO
Council Member Name Payee Name
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rical Lease Agreement 2025.docx
Payment Date Payment Amount
EXHIBIT B
Docusign Envelope ID: 9BE44132-5828-42BF-ADAD-072FF1 B5B5FA
2. Do you or your organization, or any agency or representative on behalf of you or your organization, anticipate or plan to make any campaign contributions of more than $500 (aggregated) to any City Council member in the 12 months following any City Council action related to this proposal/application? - There may be legal restrictions on making contributions during the 12 months following City Council Action. It is recommended that you consult with your own legal counsel regarding the requirements of law.
0 YES
� NO
Council Member Name Payee Name Payment Date Payment Amount Answering "YES" to either question above does not preclude the City of Thousand Oaks from entering into or taking any subsequent action related to this proposal/application. However, it may preclude the identified Council member(s) from participating in any actions/decisions related to this proposal/application.
6/18/2025
Date
s ig atLS8CED452 ..
Cindy Murray Ex.Director
Printed Name/Title of Authorized
Representative
5-Star Theatricals
Name of Business/Legal
Entity
NOTE: You must submit a supplemental form if you make any new reportable contribution(s) while the proposal/application is being considered *"Aggregated" contributions, as described in FPPC Regulation §18438.5, include the following types of contributions made during a 12-month period: (1) all contributions made by the party or participant; or (2) all contributions made by an individual or entity required to be aggregated with the party or participant. Contributions made by agents of the party are not included in the aggregation.
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2