Attachment A
Resolution No. 26-068
RESOLUTION NO. 26-068
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VICTORVILLE AUTHORIZING THE LEASE OF THE VICTOR VALLEY
TRANSPORTATION CENTER TO THE VICTOR VALLEY TRANSIT
AUTHORITY FOR USE AS A TRANSIT CENTER
WHEREAS, the City of Victorville (the “City”) is the owner of the certain real property located at 16838 D St., APN 0478 -161-06, commonly known as the Victor Valley Transportation Center (“Transportation Center”); and
WHEREAS, the Victor Valley Transit Authority (“ VVTA”) previously occupied the property pursuant to a prior Sublease dated September 30, 2021 (the “Prior Sublease”), for a term commencing October 1, 2021, and expiring September 30, 2026; and
WHEREAS, the Prior Sublease provided VVTA with an option to extend the term upon timely written notice to Lessor within the period specified therein. VVTA did not provide written notice within the time required under the Prior Sublease; and
WHEREAS, following receipt of notice regarding the termination of the Prior Sublease at the end of the initial term , VVTA requested that the City grant an additional term for continued leasing of the Property. The City and VVTA have agreed to enter into a Lease to establish the terms and conditions governing VVTA’s continued occupancy of the Property. This Lease supersedes and replaces the Prior Sublease in its entirety; and
WHEREAS, VVTA to wishes to lease the Victor Valley Transportation Center from the City for the purpose of operating and conducting various functions associated with providing public transportation in the High Desert region. VVTA acknowledges that it has initiated a multi -year process of evaluating potential sites for future development of a transfer hub within the City and desires to continue leasing the Victor Valley Transportation Center until those future plans are finalized; and
WHEREAS, the City is willing to lease the Victor Valley Transportation Center to VVTA contingent upon annual meetings between the City Manager and Chief Executive Officer of VVTA, or their designees, to discuss the status of VVTA’s efforts regarding future development and intentions related to the continued use of the Victor Valley Transportation Center site; and
WHEREAS, the City wishes to lease the Victor Valley Transportation Center to VVTA under the terms and conditions set forth in “Exhibit 1” of this resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the recitals set forth above, including the findings and any
definitions set forth therein, are true and correct and are hereby incorporated in their entirety by this reference.
SECTION 2. That the City Council hereby finds and determines that is it is within the authority of the City to enter into the lease of the Victor Valley Transportation Center to VVTA.
SECTION 3. That the City Council hereby approves the lease agreement with VVTA, attached hereto as “Exhibit 1” and authorizes the Deputy City Manager to execute the lease agreement.
SECTION 4. That the lease agreement will be subject to the final review and such non-substantive changes by the City Manager and City Attorney as may be necessary to effectuate the purposes set forth herein.
SECTION 5. This Resolution shall take effect immediately.
SECTION 6. That the City Clerk shall certify to the adoption of this Resolution.
Exhibit 1
City of Victorville
Lease Agreement
CITY OF VICTORVILLE
LEASE AGREEMENT
This Lease Agreement (the “ Lease”), dated this _____ day of ______________, 2026, for reference purposes only, is made by and between CITY OF VICTORVILLE, a California municipal corporation and charter city, (hereinafter referred to as “ Lessor” or “City”) and the VICTOR VALLEY TRANSIT AUTHORITY , a California Joint Powers Authority (hereinafter referred to as “ Lessee” or “ VVTA”). Lessor and Lessee are sometimes referred to hereinafter individually as a “ Party” and collectively as the “Parties.”
RECITALS
A. Lessor owns in fee that certain real property commonly known as the Victor Valley Transportation Center, located in the City of Victorville at 16838 D Street.
B. Lessee previously occupied the property pursuant to a prior Sublease dated September 30, 2021 (the “ Prior Sublease”), for a term commencing October 1, 2021, and expiring September 30, 2026.
C. The Prior Sublease provided Lessee with an option to extend the term upon timely written notice to Lessor within the period specified therein. Lessee did not provide written notice within the time required under the Prior Sublease.
D. Following receipt of notice regarding the termination of the Prior Sublease at the end of the initial term , Lessee requested that Lessor grant an additional term for continued leasing of the Property. Lessor and Lessee have agreed to enter into this Lease to establish the terms and conditions governing Lessee’s continued occupancy of the Property. This Lease supersedes and replaces the Prior Sublease in its entirety.
E. Lessee wishes to lease the Victor Valley Transportation Center from Lessor for the purpose of operating and conducting various functions associated with providing public transportation in the High Desert region. Lessee acknowledges that it has initiated a multi-year process of evaluating potential sites for future development of a transfer hub within the City and desires to continue leasing the Victor Valley Transportation Center until those future plans are finalized.
F. Lessor is willing to lease the Victor Valley Transportation Center to Lessee contingent upon annual meetings between the City Manager and Chief Executive Officer of VVTA, or their designees , to discuss the status of Lessee’s efforts regarding future development and intentions related to the continued use of the Victor Valley Transportation Center site.
G. The Parties hereto agree to enter into this Lease under the terms and conditions set forth herein.
City of Victorville/VVTA Lease Page 2 Victor Valley Transportation Center
TERMS AND CONDITIONS
1. Leased Premises. Subject to the terms and conditions herein contained, Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor the premises described as follows:
(a) That certain real property commonly known as the Victor Valley Transportation Center, located at 16838 D Street, Victorville, CA 92395, Assessor’s Parcel No. 0478 -161-06, consisting of approximately 5.17 acres, together with the currently-existing improvem ents thereon, including the Transportation Center building, consisting of 6,730 square feet, and the surrounding parking lots, walkways, concrete areas immediately surrounding the Transportation Center building and other exterior paved areas, (the “ Leased Premises”), but excluding the Compressed Natural Gas Station (“CNG Station”) and eight (8) parking spaces in the lot West of 4th Street as further detailed herein (the “Reserved Areas”); and
(b) all appurtenances, rights, privileges, and easements in any way applicable thereto, except as otherwise specified herein.
The Leased Premises are legally described in Exhibit A, which is attached hereto and incorporated herein by this reference. The Reserved Areas are depicted in Exhibit B, also attached hereto and incorporated herein by this reference.
2. Term. The Initial Term of this Lease shall be for a period of five (5) years, commencing on October 1, 2026, (the “Lease Commencement Date”) and expiring on September 30, 2031, (the “Expiration Date”) unless sooner terminated or extended as hereinafter provided.
3. Option to Extend Term. Upon expiration of the Initial Term, the Lessee shall have the option to renew this Lease for two (2) additional one (1) year terms, (each, an “Option Term ”), provided that: (i) Lessee is in good standing and otherwise in full compliance with all of the terms and conditions of this Lease; (ii) Lessee provides Lessor written notice of its desire to renew no later than three hundred sixty five (365) days prior to the expiration of the then-current Term (September 30, 2030 , to exercise the first Option Term and September 30, 2031, to exercise the second Option Term); and (iii) Lessor confirms in writing Lessee’s Option Term, which confirmation shall include the new monthly rent to be effective as of the commencement of such Option Term. Each Option Term shall be exercised separately and shall commence immediately upon expiration of the then -current Term. Upon confirmation of the first Option Term by Lessor, all references to the Expiration Date shall mean September 30, 2032. Upon confirmation of the second Option Term by Lessor, all references to the Expiration Date shall mean September 30, 203 3. All further references to the Term of this Lease shall mean and include the Initial Term and any confirmed Option Term(s).
4. Termination. This Lease shall only terminate prior to the Expiration Date City of Victorville/VVTA Lease Page 3 Victor Valley Transportation Center for such reasons as are specifically set forth in the provisions of this Lease and as may be provided for in the Lease. Lessee must provide written notice of intention to vacate the Leased Premises to Lessor twelve (12) months in advance of the Expiration Date of the initial Term, or of any confirmed Option Term.
5. Rental.
(a) Monthly Base Rent. During the first year of the Initial Term, Lessee shall pay to Lessor as rent for the Leased Premises the amount of Eight Thousand Nine Hundred Seventy-Three Dollars ($ 8,973.00) per month (the “ Monthly Base Rent ”).
Commencing on October 1, 202 7, the Monthly Base Rent shall be increased by two percent (2%), and on each annual anniversary of the Lease Commencement Date thereafter during the Term (or during any Option Term exercised in accordance with the provisions of Section 3 hereof), the then -current Monthly Base Rent shall be increased by an additional two percent (2%). All further references t o the Monthly Base Rent shall mean and include any such increased amount as calculated under the provisions of this paragraph.
(b) Payment. Monthly Base Rent shall be payable in advance prior to the first (1st) day of each calendar month and without demand to the City of Victorville.
All such payments shall be made by Lessee to Lessor via wire in accordance with instructions to be provided by Lessor.
(c) Annual Prepayment Discount . In the event Lessee pays an entire year's rent in advance on the Commencement Date or on the anniversary thereof in any subsequent year(s), Lessee shall receive a five percent (5%) discount to be applied against the Monthly Base Rent amount set forth in Section 5(a) corresponding to the year being prepaid. By way of example, should Lessee prepay the rent on the Commencement Date for the first year of the Initial Term, it would pay $102,292.20 and receive a credit against the Monthly Base Rent for that yea r of $ 448.65 per month. The foregoing notwithstanding, all rent increases shall be calculated based upon the Monthly Base rent amount as specified in Section 5(a), not upon any discounted amount which Lessee may actually pay as a result of Lessee's annual prepayment.
6. Security Deposit. A security deposit equal to two (2) times the Monthly Base Rent for the first year of the Initial Term shall be maintained at all times during the Term of this Lease as security for Lessee’s faithful performance of Lessee’s obligations hereunder (the “ Security Deposit ”). Lessee already has an amount of Six Thousand Seven Hundred Thirty Dollars ($ 6,730.00) on deposit with Lessor from the Prior Sublease. Upon execution hereof, Lessee shall deposit with Lessor the additional sum of Eleven Thousand Two Hundred Sixteen Dollars ($ 11,216.00), which together with the amount held from the Prior Sublease shall equal the required Security Deposit of Seventeen Thousand Nine Hundred Forty-Six Dollars ($ 17,946.00). If Lessee fails to pay rent or other charges due hereunder, fails to pay any utility or service provider, or otherwise defaults with respect to any provision of this Lease, the Lessor may use, apply or retain all or any portion of said deposit for payment of any rent or other charges in City of Victorville/VVTA Lease Page 4 Victor Valley Transportation Center default or for the payment of any other sum to which the Lessor may become obligated by reason of Lessee’s default, or to compensate the Lessor for any loss or damage which the Lessor may suffer thereby.
7. Brokerage Commission. Lessor and Lessee represent and affirm to each other that they have not had any dealings with any real estate brokers, finders or agents and no commissions or fees are payable by either Party in connection with this Lease.
8. Late Charge. Lessee hereby acknowledges that late payment by Lessee to Lessor of any installment of rent, or any other sums due hereunder will cause Lessor to incur costs not contemplated by the Lease, the exact amount of which will be extremely difficult to ascertain. Accordingly, if any installment of rent, or any other sum due from Lessee is not received by the Lessor within ten (10) days after such amount is due, whether or not any notice of default or other notice has been given, Lessee shall pay to the Lessor a charge equal to five percent (5%) of the amount past due (the “ Late Charge”), in addition to the payment of the past due amount itself. The Parties hereby agree that such Late Charge represents a fair and reasonable estimate of the costs the Lessor will incur by reason of late payment by Lessee, and no more than one Late Charge shall be assessed per month. Notwithstanding the foregoing, in the event the Lessee elects to make annual payments in advance, then no Late Charge shall apply.
9. Limited Right to Possession; Reserved Areas; Delay in Possession
(a) Lessee is currently in possession of the Leased Premises pursuant to the Prior Sublease, and Lessee’s possession shall continue under this Lease commencing on the Lease Commencement Date without interruption. Such possession shall be subject to the provisions of this Lease; any outstanding easements and rights-of- way not within the control of the Lessor; Lessor’s reasonable right of entry pursuant to Section 2 3 of this Lease; Lessor’s rights with respect to continued operation and maintenance of the CNG Station; and further to the rights of Beck Oil, as successor in interest to Tosco Corporation, pursuant to that certain Reciprocal Access and Easement Agreement with Lessor, recorded as Document No. 19880552174 i n the Office of the Recorder of San Bernardino County, for the exclusive use of and access to eight (8) parking spaces in the parking lot West of 4th Street (see the Reserved Areas depicted on Exhibit B ). Lessor also retains the right to make certain capital improvements to the Leased Premises following notice to and coordination of same with Lessee. Lessor shall use its best efforts to ensure the quiet use and enjoyment of the Leased Premises by Lessee.
10. Holding Over. In the event Lessee, with the Lessor’s prior written consent, holds over and continues in possession of the Leased Premise, or any part thereof, after the Expiration Date of this Lease or any extended term thereof, such occupancy shall be considered a month-to-month tenancy subject to all the terms and conditions of this Lease in effect on the day immediately preceding the Expiration Date, except that the Monthly Base Rent for any such holdover period shall be increased to one hundred fifty percent (150%) of the Monthly Base Rent. If Lessee, without the Lessor’s prior written consent, City of Victorville/VVTA Lease Page 5 Victor Valley Transportation Center holds over or continues in possession of the Leased Premises, or any part thereof, after the Expiration Date or any extended term of this Lease, such occupancy shall be deemed a tenancy at sufferance, permitting the Lessor to immediately commence eviction proceedings without notice to Lessee.
11. Alterations, Improvements and Additions.
(a) Lessee shall not make any alterations, improvements, or additions to the Leased Premises (collectively hereinafter “ Tenant Improvements ”) without the prior written consent of the Lessor. In making any such Tenant Improvements as consented to by Lessor, Lessee shall be required to undertake and pay for all upgrades required to ensure full compliance with the Americans with Disabilities Act of 1990, as amended (42 U.S.C. § 12101 et seq.) and its implementing regulations (29 CFR Parts 35 and 36). Tenant Improvements shall further be constructed in full compliance with all applicable building and fire codes , any applicable labor and prevailing wage laws, and any such work shall not be commenced until permits are issued by the City of Victorville Building Department.
(b) Lessee shall require the issuance of a Faithful Performance Bond and a Payment Bond for any work performed on the Leased Premises as set forth below:
BOND REQUIREMENTS - A Faithful Performance Bond benefitting the Lessor in the amount of one hundred twenty-five percent (125%) of the bid amount and a Payment Bond in the amount of one hundred twenty -five percent (125%) of the bid amount. Bonds must be issued by an admitted surety insurer in the State of California. Whe n a contract for constructing Lessor-authorized Tenant Improvements is signed, the successful bidder shall provide, within ten (10) working days, the Faithful Performance and Payment Bonds in the amounts set forth above in this paragraph.
(c) Once completed, Tenant Improvements authorized in writing by Lessor shall not be removed by Lessee, unless so required by the Lessor in its sole discretion. At the end of the Term (or any extension thereof) of this Lease (or upon any earlier termination as may be provided for herein) Lessor shall have the option to either require Lessee to remove Tenant Improvements or elect to have such Tenant Improvements become the property of Lessor. In the case of removal of equipment or fixtures, Lessee shall restore the area of the Leased Premises from which such removals are made to its original condition.
(d) Any machinery, equipment, fixture, or apparatus, or other personal property of Lessee (which are not Tenant Improvements) may be removed by Lessee at any time prior to the expiration of the Term of this Lease or any extension thereof.
12. Maintenance and Repairs; Security.
(a) Lessee shall at all times during the Term hereof and until surrender City of Victorville/VVTA Lease Page 6 Victor Valley Transportation Center and termination, keep and maintain the Leased Premises in good and substantial order and repair, and shall undertake all necessary repairs and maintenance of the Leased Premises except as otherwise set forth herein.
(b) Lessee shall be responsible for and shall bear all operating expenses associated with maintaining the Leased Premises including, but not limited to: all cleaning and janitorial services, including those associated with sweeping and removing of trash and debris from the exterior parking lots, sidewalks, and walkways; maintenance of exterior landscaping and l andscaped areas; light bulb replacement; procurement of supplies and maintenance materials; preventative maintenance and repairs; upkeep; all monthly, quarterly, and annual inspection/servicing and repair of the Leased Premises mechanical, electrical, lighting, plumbing, and life safety systems (with the exception of the heating, ventilation, and air conditioning systems (“ HVAC”) in the Transportation Center building); furniture and window cleaning; servicing of fire extinguishers and fire suppression systems; repairs to trade fixtures and/or equipment, doors, ceilings, floors; exterior painting, and signs; including any associated fees . Lessee agrees a t Lessee’s sole cost and expense to procure and maintain throughout the Term of this Lease, or any extension thereof, contracts for the inspection/servicing and maintenance of fire extinguishing and suppression systems, fire alarms, and/or smoke detection systems.
Lessee also agrees throughout the Term (or any extension thereof) to supply copies of all such contracts and any fire or life safety related certifications and/or inspection records to the Lessor in a timely manner.
(c) Lessor shall be responsible for the repair and maintenance of the HVAC systems and the roof of the Transportation Center building. Lessor shall also be responsible for the maintenance and repair of the CNG Station and for the structural repair of concrete sidewalks/walkways and any concrete curbing of the Leased Premises and the landscaped areas.
(d) The responsibility for repairs and maintenance to the drive aisles and parking lot areas of the Leased Premises subject to vehicular traffic, including but not limited to, slurry seal, repaving, concrete repairs, and painting/restriping will be split between Lessor and Lessee as depicted in the Map/Diagram attached hereto as Exhibit B. However, as set forth in subsection (b) above, Lessee is responsible for keeping the parking lots clean and free of trash and debris on a daily basis.
(e) The foregoing division of responsibilities for repairs and maintenance notwithstanding, Lessee shall notify Lessor of any damages to, needed repairs of, or any accidents or incidents involving the Leased Premises or Reserved Areas within twenty - four (24) hours of their occurrence or discovery by Lessee (whichever is earlier).
Notification shall be made by calling the City Facility 24 Hour Emergency Line at (760) 963-4343.
(f) Lessor is an authorized self -insured public entity for purposes of General Liability, Automobile Liability, and Workers’ Compensation Employment Practices Liability. Lessor warrants that through its program of self -insurance, it has City of Victorville/VVTA Lease Page 7 Victor Valley Transportation Center adequate coverage or resources to protect against liabilities arising out of the performance of the terms, conditions, or obligations contained in this Section 1 2 when Lessor makes any required maintenance and repairs to the Leased Premises.
(g) Lessee, at its sole expense, shall provide security during hours of operation by having at least one (1) security guard on site and maintaining an active security system (alarm) and surveillance camera both during the hours of operation and after hours and on weekends.
13. Use and Condition of Leased Premises.
(a) Use. The Leased Premises are to be used by Lessee for those purposes particularly provided for in Exhibit C, attached hereto and incorporated herein by this reference, and for no other purpose unless expressly agreed to in advance by Lessor in writing. Lessee agrees to use the Leased Premises in such a manner as to not interfere with the Lessor’s rights in the Leased Premises or the surrounding areas, and to comply with all applicable governmental laws, ordinances, rules, and regulations in connection with its use of the Leased Premises, to keep the Leased Premises in a clean and sanitary condition, and to use all reasonable precaution to prevent damage, or injury to the Leased Premises.
(b) No Warranties. Except as provided herein, Lessee agrees that no promises, covenants, representations, statements or warranties have been made on behalf of the Lessor to Lessee respecting the condition of the Leased Premises, or the manner of operating the Leased Premises or the maintaining of any repairs to the Leased Premises.
(c) Acceptance of Leased Premises. Lessee acknowledges that it has satisfied itself by its own independent investigation that the Leased Premises are suitable for its intended use, and that neither the Lessor nor the Lessor’s agent or agents have made any representation or warranty as to the present or future suitability of the Leased Premises for the conduct of Lessee’s business. Lessee’s taking possession or use of the Leased Premises for any purpose shall constitute Lessee’s acceptance of the Leased Premises “as-is” in its existing condition, which condition shall be established as set forth in Exhibit C.
(d) Personal Property. Lessee shall, at the termination of this Lease, by lapse of time or otherwise, remove all of Lessee’s personal property, repair any damage to the Leased Premises resulting therefrom, and surrender the Leased Premises to the Lessor in as good a condition as when Lessee took possession, normal wear and tear excepted.
14. Waste or Nuisance. Lessee shall not commit or permit the commission by others of any waste on the Leased Premises. Lessee shall not maintain, commit, or permit the maintenance or commission of any nuisance on the Leased Premises nor shall Lessee use or permit the use of the Leased Premises for any unlawful purpose.
City of Victorville/VVTA Lease Page 8 Victor Valley Transportation Center
15. Taxes. Lessee shall pay when due and prior to delinquency all taxes, assessments, and other charges including possessory interest taxes levied or imposed by any governmental entity on the possessory interest of Lessee in the Leased Premises and the personal property, trade fixtures, appliances, and leased equipment placed by Lessee in, on, or about the Leased Premises during the Term (or any extension thereof) of this Lease. Lessee recognizes that the interests of Lessee in this Lease shall be subject to the imposition of a possessory interest tax, if applicable, by the San Bernardino County Assessor, and Lessee agrees to pay such tax amount as may be so levied with respect to the possessory interest of Lessee in the Leased Premises under this Lease. Lessee further acknowledges that the property shall be assessed in the same manner as privately owned property and Lessee shall pay taxes upon the assessed value of its leasehold interest. Lessor shall be responsible for any property taxes on the facility, if applicable.
16. Non-Discrimination.
(a) Lessee agrees to comply with all Federal and State laws relating to non-discrimination in connection with any use, operation, program, or activity on or related to the Leased Premises including but not limited to: Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d), which prohibits discrimination on the basis of race, color, or natural origin; The Age Discrimination Act of 1975, as amended (42 U.S.C. § 6101 et se q.); Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794); The Architectural Barriers Act of 1968, as amended (42 U.S.C. § 4151 et seq.); The Americans with Disabilities Act of 1990, as amended (42 U.S.C. § 12101 et seq.); California Government Code Section 11135 et seq.; California Government Code Section 12900 et seq. (the California Fair Employment and Housing Act); California Civil Code Section 51 et seq. (the Unruh Civil Rights Act); and any State or Federal regulations implementing such laws.
(b) Lessee herein covenants by and for itself and its successors and assigns, and all persons claiming under or through it, and this Lease is made and accepted upon and subject to the following conditions: That there shall be no discrimination against or segre gation of any person or group of persons, on account of race, color, creed, religion, sex, marital status, national origin, or ancestry, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the Leased Premises nor shall the Lessee itself, or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference t o the selection, location, number, use, or occupancy, of tenants, lessees, sublessees, subtenants, or vendees in the Leased Premises.
17. Insurance. Lessee shall procure and maintain for the duration of the Lease and any extension thereof insurance against claims for injuries to persons or damages to property which may arise from or in connection with the Lessee’s operation and use of the Leased Premises. The cost of such insurance shall be borne by the Lessee. If the Lessee maintains broader coverage and/or higher limits than the minimum requirements shown below, the Lessor requires and shall be entitled to the broader coverage and/or City of Victorville/VVTA Lease Page 9 Victor Valley Transportation Center the higher limits maintained by the Lessee. Any available insurance proceeds in excess of the specified minimum limits of insurance coverage shall be available to the Lessor.
Coverage should be at least as broad as:
(a) Commercial General Liability Insurance (CGL). Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $ 5,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
(b) Property Insurance . against all risks of loss to any tenant improvements or betterments, at full replacement cost with no coinsurance penalty. The property insurance is to be endorsed to include Legal Liability Coverage (ISO Form CP 00 40 04 02 or equivalent) with a limit equal to the replacement cost of the Leased Premises on all real property being leased, including improvements and betterments owned by the Lessor. The property insurance and legal liability coverages required shall be endorsed to name the City as a Loss Payee as to its interest in any covered property.
(c) Workers’ Compensation Insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease.
(d) Environmental Liability. If Lessee performs work that includes using or storing Hazardous Materials on the Leased Premises, insurance is also required for third party claims for bodily injury, property damage, legal defense, and remediation costs stemming from pollution incidents from the Lessee's operations.
18. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain the following provisions:
(a) Additional Insured Status. The City of Victorville, its officers, officials, employees, and volunteers, are to be covered as additional insureds on the CGL policy with respect to liability arising out the lease of the subject property including damage caused in whole or in part by Lessee or by those working on your behalf. General liability coverage can be p rovided in the form of an endorsement to the Lessee’s insurance, at least as broad as ISO Form CG 20 11 12 19 or if not available, CG 20 43 12 19.
(b) Waiver of Subrogation Rights . Lessee hereby grants to the City a waiver of any right to subrogation which any insurer of said Lessee may acquire against the City by virtue of the payment of any loss under such insurance. Lessee agrees to obtain any endorsement that may be necessary t o affect this waiver of subrogation and provide a copy to the City, but this provision applies regardless of whether or not an endorsement has been issued.
City of Victorville/VVTA Lease Page 10 Victor Valley Transportation Center (c) Primary Coverage . For any claims related to this Lease, the Lessee’s coverage shall be primary and non -contributory and at least as broa d as ISO CG 20 01 12 19 as respects the City of Victorville, its officers, officials, employees, and volunteers. Any insurance or self -insurance maintained by the City of Victorville, its officers, officials, employees, servants, volunteers, agents, independent contractors and subcontractors shall be excess of the Lessee’s insurance and shall not contribute with it.
This requirement shall also apply to any Excess or Umbrella liability policies
(d) Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City of Victorville. Lessee shall furnish the City of Victorville with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required. All required documents are to be received and approved by the City of Victorville before lease commences. However, failure to obtain the docum ents prior to the lease beginning shall not waive the Lessee’s obligation to provide them. The City of Victorville reserves the right to request complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
(e) Each insurance policy required above shall provide that coverage shall not be canceled, except with written notice to the City of Victorville.
19. Personal Property at Risk of Lessee. All personal property which Lessee maintains at the Leased Premises shall be at the risk of Lessee only. Except for the grossly negligent, reckless, or unlawful intentional acts of the Lessor, its agents, employees, guests or invitees, the Lessor shall not be liable for any damage to any property of Lessee or for any damage to Lessee’s property in moving the same to or from the Leased Premises.
20. Utilities and Other Services.
(a) Lessee shall contract with and pay the applicable provider, whether the provider is the Lessor or another party, all charges for water, gas, electricity, sewer, waste disposal, or other utilities used or supplied upon or in connection with its use of the Leased Premises and shall indemnify, defend, and hold harmless the Lessor against any liability on account thereof. Lessee shall obtain separate metering devices for utility services, as applicable. Lessee agrees to promptly reimburse the Lessor upon receipt of invoice, its proportionate share of the actual cost of utility services from any common utility service, which may have been paid by Lessor. In no event shall the Lessor be liable for any interruption or failure in the supply of any such utilities to the Leased Premises.
The list and location of all existing utility meters at the leased premises have been included as Exhibit D.
(b) Consent to Energy Use Data Disclosure . By executing this Lease, Lessee hereby consents to disclosure of its energy usage data as required for Lessor to comply with California Public Resources Code section 25402.10 and the implementing City of Victorville/VVTA Lease Page 11 Victor Valley Transportation Center regulations of the California Energy Commission ( 20 Cal. Code Regs., §§ 1680 through 1685). Strictly for the purposes of ensuring such compliance, including any required public disclosure of aggregated energy use, Lessee agrees to provide such energy usage data directly to Lessor and/or authorizes Lessor to obtain the required energy usage data directly from Lessee’s utility providers upon request without the need to execute any further authorizations or consent forms. Lessee’s consent and authorization is deemed given upon the execution of this Lease and shall continue to be in effect throughout the Term or any extension thereof.
21. Signs. Lessee shall not post, install, erect, or operate any sign, placard, poster, or other device on any part of the Leased Premises without the prior written permission of the Lessor, such permission not to be unreasonably withheld, and any such signage shall also be subject to the provisions of the City’s Municipal Code. Such signs as may from time to time be permitted by the Lessor and the City’s Municipal Code shall be made, posted, maintained, and removed at Lessee’s own cost and expense, and any damage caused by removal shall also be repaired at Lessee’s expense. Lessor shall have the right to remove unauthorized signs at Lessee’s expense.
22. Liens. Lessee shall not suffer or permit any liens to stand against the Leased Premises, or any part thereof, by reason of any work, labor, services, or materials done for, or supplied to Lessee or anyone holding the Leased Premises or any part thereof through or under Lessee. If any such lien shall at any time be filed against the Leased Premises, Lessee shall cause such lien to either be discharged of record sixty (60) days after the date that Lessee receives notice of the filing. Notwithstanding the above, in any bona fide dispute between Lessee and any third party concerning work done by the third party on or for the Leased Premises, and as a result of the dispute the third party files a lien against the Leased Premises, then, in lieu of obtaining the discharge of the lien within the sixty day period, Lessee, at its option, may either file suit against the third party, a part of the suit being to judicially negate or remove the lien or Lessee may file an appropriate bond or other device allowed by law to remove the lien.
23. Inspection by the Lessor; Right of Entry. Lessee shall permit the Lessor, or its agents, representatives, or employees to enter the Leased Premises at mutually agreeable, reasonable times for the purpose of inspecting the Leased Premises to determine whether Lessee is complying with the terms of this Lease, for the purpose of doing other lawful acts that may be necessary to protect the Lessor’s interest in the Leased Premises, including the right to install capital improvements, or for the purposes of perf orming the Lessor’s other duties under this Lease. Except in the event of an emergency, the Lessor shall contact Lessee, no less than twenty-four (24) hours prior to the time that Lessor desires to enter the Leased Premises to arrange a mutually agreeable time for the inspection.
24. Damage or Destruction of Leased Premises. Unless occasioned by the negligence or intentionally unlawful act of Lessee, if, during the term of this Lease, any portion of the Leased Premises shall be damaged by fire or other catastrophic cause, so as to render such portion of the Leased Premises untenantable, the obligations under this City of Victorville/VVTA Lease Page 12 Victor Valley Transportation Center Lease shall be immediately suspended while such portion of the Leased Premises remains untenantable. In the event of such damage, the Lessee shall give Lessor notice of such untenantable conditions and the Lessor shall elect in its sole discretion, whether to repair the Leased Premises or to cancel this Lease with respect thereto. It shall notify Lessee in writing of its election within thirty (30) days after such damage. In the event the Lessor elects to repair the Leased Premises, the work or repair shall begin promptly and shall be carried on without unnecessary delay. In the event the Lessor elects not to repair the Leased Premises or portion thereof, the Lease shall be deemed canceled as of the date of damage with respect to the applicable portion. Such damage shall not extend the Lease Term. In the event that insurance proceeds are received by Lessee under the property casualty policy required to be carried by Lessee, and the Lease is terminated under this Section, the Lessor shall be entitled to the portion of such proceeds attributable to the fixtures, improvements, and other property which would remain with the Leased Premises, and Lessee shall be entitled to the portion of such proceeds attributed to the fixtures and property on the Leased Premises which would be removed by Lessee.
Notwithstanding anything in this paragraph to the contrary, if the Leased Premises are rendered inadequate for Lessee to conduct its normal operat ions in or upon the Leased Premises (or such portion of the Leased Premises which is still tenantable), and it is reasonably anticipated that the damages shall not be repaired or otherwise resolved, within sixty (60) days of the date of the accident, then Lessee, at its sole and exclusive option, may immediately terminate this Lease. Additionally, irrespective of whether Lessee remains in possession and occupancy of the Leased Premises or elects to terminate this Lease, rent payable under this Lease shall abate during the period that the Leased Premises are not totally useable by Lessee. The abatement shall be pro rata in proportion to the ratio that the amount of space which Lessee is actually able to occupy and from which it is able to conduct operations bears to the total Leased Premises.
Lessee shall continue to make all other payments during this period, including taxes.
25. Assignment and Subletting. Lessee shall not cause, or permit, by operation of law or otherwise, any assignment, encumbrance, or transfer of this Lease or any estate or interest therein without the prior written consent of the Lessor. Lessee shall not sublet the Leased Premises or any part thereof without the prior written consent of the Lessor.
Such consent is subject to consideration by Lessor of the financial arrangement between Lessee and its proposed subtenant and is further subject to Lessor’s financial participation in such arrangement and the requirements of the Old Town Specific Plan with respect to any accessory uses (see Exhibit C). In addition, if Lessee’s proposed sublease or assignment arrangement will result in any increased rents or profits accruing to Lessee in excess of the Monthly Base Rent due to Lessor under this Lease, such consent shall further be conditioned upon Lessor receiving one-half (1/2) of the excess amount thereof. An assignment or subletting shall not relieve Lessee of any of its obligations or liabilities under this Lease: both Lessee and any subsequent assignees or sublessees of Lessee will be deemed to be bound hereunder. The Lessor’s consent to any such assignment, transfer or subletting shall not constitute consent to any further assignment, transfer, or subletting. This provision is not intended, nor should it be construed, to prevent Lessee from allowing such independent contractors onto the Leased Premises who are involved in Lessee’s normal operations on the Leased City of Victorville/VVTA Lease Page 13 Victor Valley Transportation Center Premises (such as repair and maintenance personnel, janitorial personnel, and similar personnel). Additionally, this provision should not be construed to prevent subcontractors of Lessee from conducting their work on the Leased Premises in conjunction with the normal operations conducted by Lessee. To the extent that Lessor must grant its consent for Lessee’s subcontractors to enter onto the Leased Premises for the above -described purposes, consent is hereby deemed to be granted.
26. Indemnification.
(a) To the fullest extent permitted by law, Lessee shall defend, indemnify and hold harmless the Lessor, its officers, officials, employees, agents, volunteers, independent contractors, and assigns (collectively hereinafter the “Indemnified Parties”) from and against any and all claims, actions, suits, proceedings, demands, losses, judgments, and costs and expenses, including attorneys’ fees (collectively hereinafter “Claims”) arising from Lessee's use of the Leased Premises, or from the conduct of Lessee's business, or from any activity, work or things done, permitted or suffered by Lessee in or about the Leased Premises, except for any such Claims arising out of the sole negligence or willful misconduct of the Indemnified Parties.
(b) To the fullest extent permitted by law, Lessor shall defend, indemnify and hold harmless the Lessee, its officers, officials, employees, agents, volunteers, independent contractors, and assigns from and against any and all Claims, arising from Lessor’s ownership, management, or use of the Leased Premises, or from any activity, work or things done, permitted or suffered by Lessor in or about the Leased Premises, except for any such Claims arising out of the sole negligence or willful misconduct of the Lessee.
(c) The Parties shall further defend, indemnify, and hold harmless each other from and against any and all Claims arising from any breach or default in the performance of any obligation on the other Party’s part to be performed under the terms of this Lease, or arising from any negligent or intentional act or omission of the other Party, or its officers, agents, contractors, employees, or invitees, except for any such Claims arising out of the sole negligence or willful misconduct of the respective Party.
(d) In the event that both Parties are found to be comparatively at fault for any claim, action, loss or damage which results from their respective obligations under this Lease, the Parties shall indemnify the other to the extent of its comparative fault.
27. Lessor’s Environmental Representations. Lessor represents that to the best of its actual knowledge, the Leased Premises are free from any violations of law or regulations pertaining to occupational hazards and environmental conditions or Hazardous Materials as defined in Section 28 of this Lease. Lessee shall be solely responsible for obtaining at its cost and expense any environmental permits required for its operation under this Lease independent of any existing permits.
28. Compliance with Environmental Laws.
City of Victorville/VVTA Lease Page 14 Victor Valley Transportation Center
(a) The words and phrases set forth below shall have the following definitions:
I. “Hazardous Materials” means and includes any material that because of its quality, concentration or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the workplace or the environment. Hazardous Materials include hazardous wastes, toxic substances, petroleum products and motor fuels and similar substances and materials, including all substances and materials defined as hazardous or toxic substances or materials under California Health and Safety Code section 25501(n) or any other similarly applicable state, federal or local law.
II. “Environmental Laws ” means and includes the various health and safety laws and regulations of state, federal and local agencies pertaining to the manufacture, use, storage, disposal, release, and reporting relating to Hazardous Materials.
(b) As of the Lease Commencement Date, Lessee shall not cause or permit any Hazardous Materials to be used, generated, manufactured, produced, stored, brought upon, or released, on, under or about the Leased Premises, or transported to and from the Leased Premises, by Lessee, its agents, employees, contractors, or invitees in violation of any Environmental Laws. Lessee shall indemnify, defend, and hold harmless the Lessor from any damage, cost, expense, liability, fine, or penalty resulting from any unauthorized discharge, emission, spill, storage, release, disposal or use of any Hazardous Materials by Lessee, its officers, agents, employees, contractors, or invitees or any of them. This obligation of Lessee shall survive the Expiration Date or earlier termination of this Lease and shall apply whenever the Lessor incurs cost or liability arising from any use or activity of Lessee relating to Hazardous Materials during the Term or any extension thereof.
(c) Without limiting the foregoing, if at any time during the Term of this Lease or any extension thereof, the presence of any Hazardous Materials on, under or about the Leased Premises caused by Lessee, its agents, employees, contractors, or invitees results in an unpermitted, unscheduled or unauthorized release or contamination of the Leased Premises by such Hazardous Materials, then Lessee shall at its sole cost and expense promptly take all actions necessary to return the Leased Premises to the condition existing prior to the unpermitted, unscheduled or unauthorized release of any such Hazardous Materials on the Leased Premises.
(d) Lessee shall immediately notify the Lessor of the occurrence of any of the following events: (i) receipt by Lessee of any correspondence or communication from any governmental entity regarding the application of Environmental Laws to the Leased Premises or the investigation or enforcement by such governmental entity of any such Environmental Laws in connection with Lessee’s occupancy or use of the Leased Premises, and (ii) unpermitted, unscheduled or unauthorized release of any Hazardous City of Victorville/VVTA Lease Page 15 Victor Valley Transportation Center Materials on the Leased Premises which may occur at any time during the Term of the Lease or any extension thereof.
(e) Notwithstanding any of the foregoing, in the event Lessee, its agents, employees, contractors, or invitees, fails to use and maintain the Leased Premises in accordance with the provisions of this Section 28, Lessor shall have the right, but not the obligation, to enter the Leased Premises and undertake remedial action as necessary in order to ensure that the Leased Premises are in compliance with all Environmental Laws.
In such event, Lessee shall reimburse Lessor for all reasonable sums incurred by it for such remediation activities. In such event Lessor may, in its sole discretion, and not limiting its ability to recover through any other means provided in law or equity, determine to deduct all or a part of such sums due under this Section from the Security Deposit.
29. Surrender of Leased Premises. On the Expiration Date of this Lease or any extended term thereof, or upon any such earlier termination date as may be provided for herein, Lessee shall surrender and deliver possession of the Leased Premises to the Lessor clean and free of debris and in as good condition as it was on the Lease Commencement Date, reasonable wear and tear excepted.
30. Compliance with Laws . Lessee shall comply with all applicable federal, state and local laws, regulations and standards that are or may become applicable to Lessee’s activities on the Leased Premises (hereinafter collectively, (“ Laws”), and to cause its officers, agents, employees, suppliers, shippers, customers, and invitees to so abide and conform. The Lessor shall not be responsible to Lessee for the noncompliance with said rules by other tenants, their officers, agents, employees, suppliers, shippers, customers and/or invitees. The judgment of any court of competent jurisdiction, or the admission of Lessee in a proceeding brought against Lessee by any government entity, that Lessee has violated any such Laws (except where such admission may be the basis for settlement) shall be conclusive as between the Lessor and Lessee and shall constitute grounds for declaration of default, breach, forfeiture, and termination of this Lease by the Lessor.
31. Default by Lessee.
(a) In the event Lessee should default in the performance of any covenant or condition of this Lease (excluding the payment of any monthly rent or other amounts due hereunder) and such default is not cured or removed within thirty (30) days after service of written notice upon Lessee of such default in the performance of any covenants and conditions; then in such event, the Lessor shall have the right and option to terminate this Lease, and exercise such other remedies as are specified in this Lease.
Notwithstanding the foregoing, if Lessee, prior to the expiration of such thirty (30) day period for default diligently commences to cure such default but is unable to do so within the thirty (30) day period, then such period shall be extended for an additional thirty (30) days provided Lessee continues to make a diligent effort to cure the default.
(b) Failure to pay Monthly Base Rent or any other amounts when due City of Victorville/VVTA Lease Page 16 Victor Valley Transportation Center shall be deemed a default under this provision. Lessee shall cure such default within ten (10) days after service of written notice.
(c) Any statutory notice required as part of any eviction action or similar type of proceeding may be included with any notice of default given pursuant to this Section and the Lessor need not declare a default and have such default remain uncured prior to delivery of such statutory notice.
32. Remedies of Lessor. In the event of any breach of the Lease by Lessee and the cure periods described in Section 31 hereof have expired, the Lessor may at any time thereafter, with or without notice or demand and without limiting the Lessor in the exercise of any other right or remedy which the Lessor may have by reason of such breach, do any of the following:
(a) terminate Lessee’s right to possession of the Leased Premises by any lawful means, in which case this Lease shall terminate, and Lessee shall surrender possession of the Leased Premises to the Lessor. This may involve the Lessor filing an unlawful detainer action and receiving a court order for Lessee to vacate the Leased Premises. In any such event, the Lessor shall be entitled to recover from Lessee all damages incurred by the Lessor by reason of Lessee’s default, including, but not limited to the cost of repairing or restoring damages to the Leased Premises caused by Lessee, the cost or removal of Lessee’s improvements, fixtures and other contents of the Leased Premises, costs associated with past or future brokerage commissions and marketing expenses and the other costs payable by the Lessor in connection with the recovery of possession of the Leased Premises, including but not limited to reasonable attorneys’ fees and court costs, as well as: (1) the worth at the time of award by the court having jurisdiction thereof of the unpaid rent which had been earned at the time of termination, and (2) the worth at the time of award by the court having jurisdiction thereof of the amount by which the unpaid rent for the balance of the Term after the time of such awa rd may exceed the amount of such rental loss for the same period that Lessee proves could be reasonably avoided; or
(b) pursue any other remedy now or hereafter available to the Lessor under the laws or judicial decisions of the State of California.
33. Default by Lessor. In the event Lessor should default in the performance of any covenant or condition of this Lease and such default is not cured or removed within thirty (30) days after service of written notice of default upon Lessor, then in any such event, Lessee shall have the right and option to terminate this Lease. If Lessor, prior to the expiration of such thirty (30) day period for a default, diligently commences to cure such default, but is unable to do so within the thirty (30) day period, then such period shall be extended for an additional thirty (30) days provided Lessor continues to make a diligent effort to cure the default. In event of uncured default Lessee shall have all remedies available at law or in equity for any default or breach of this Lease by the Lessor.
34. Force Majeure-Unavoidable Delays. If the performance of any act required City of Victorville/VVTA Lease Page 17 Victor Valley Transportation Center by this Lease to be performed by either Party is prevented or delayed by reason of an act of God, strike, lockout, labor troubles, inability to secure materials, unreasonably restrictive governmental laws or regulations, or any other cause except financial inabilit y that is not the fault of the Party required to perform the act, the time for performance of the act will be extended for a period equivalent to the period of delay, and performance of the act during the period of delay will be excused. However, nothing c ontained in this Section shall excuse the prompt payment of rent by Lessee as required by this Lease or the performance of any act rendered difficult solely because of the financial condition of the Party required to perform the act.
35. Notices. Any and all notices or demands required or permitted to be given hereunder must be personally delivered or be mailed by registered or certified mail, return receipt requested, addressed as follows:
To the Lessor: City of Victorville
14343 Civic Drive
Victorville, CA 92392
Attn: Jenele Davidson, Deputy City Manager
With copies to: AdB Law Offices, Inc.
30077 Agoura Court, Suite 210
Agoura Hills, CA 91301
Attn: Andre de Bortnowsky, Esq.
To Lessee: Victor Valley Transit Authority
17150 Smoke Tree Street
Hesperia, CA 92345
Attn: Roderick Goldman, CEO
or at such other address or addresses that either Party may hereafter designate in writing to the other. Any notice or demand which is mailed by registered or certified mail as provided above shall be deemed to be effective and given for all purposes three (3) business days following the time of deposit thereof, postage prepaid, in the United States mail.
36. Miscellaneous.
(a) One or more waivers of any provision of this Lease by the Lessor shall not be construed as a waiver of a subsequent breach of the same provision and the Lessor’s consent or approval shall not be deemed to waive or render unnecessary the Lessor’s consent or approval to or of any subsequent or similar act by Lessee.
(b) If either Party to this Lease shall bring any action for any relief against the other, declaratory or otherwise, to enforce the terms hereof or to declare rights here under (collectively, an Action), the losing Party shall pay to the prevailing Party attorneys’ City of Victorville/VVTA Lease Page 18 Victor Valley Transportation Center fees and costs incurred in bringing and prosecuting such Action and/or enforcing any judgment, order, ruling, or award (collectively, a Decision) granted therein, all of which shall be deemed to have accrued on the commencement of such Action and shall be paid whether such Action is prosecuted to a Decision. Any Decision entered in such Action shall contain a specific provision providing for the recovery of attorneys’ fees and costs incurred in enforcing such Decision. The court may fix the amount of reason able attorneys’ fees and costs on the request of either Party. For the purposes of this paragraph, attorneys’ fees shall include, without limitation, fees incurred in the following: (1) post -judgment motions and collection actions; (2) contempt proceedings ; (3) garnishment, levy, and debtor and third-party examinations; (4) discovery; and (5) bankruptcy litigation. “Prevailing Party ” within the meaning of this paragraph includes, without limitation, a Party who agrees to dismiss an Action upon the other Par ty’s payment of the sums allegedly due or performance of the covenants allegedly breached, or who obtains substantially the relief sought by it. Nothing contained in th is Section shall be interpreted to mean that Lessor has agreed to arbitrate any dispute which may arise hereunder.
(c) This Lease can be modified, supplemented, amended, or rescinded only by a writing expressly referring to this Lease and signed by Lessor and Lessee.
(d) If any provision of this Lease or any application thereof shall be invalid or unenforceable, the remainder of this Lease and any other application of such provision shall not be affected thereby. Unless otherwise expressly provided herein, any approval or consent of Lessor required hereunder shall not be unreasonably withheld or delayed. This Lease shall be binding upon and inure to the benefit of and be enforceable by the respective successors of the Parties hereto. The Section headings in the Lease are for purposes of reference only and shall not limit or define the meaning hereof.
(e) This Lease contains the entire understanding and agreement of the Parties, supersedes all prior understandings and agreements, and cannot be changed orally. This Lease shall be construed in accordance with the laws of the State of California.
Time is of the essence.
(f) Any conflict between the printed provisions, exhibits, or addenda of this Lease and the typewritten or handwritten provisions, if any, shall be controlled by the typewritten or handwritten provisions provided such typewritten or handwritten provisions are initialed by both Parties.
(g) This Lease shall be of no force and effect unless executed by both Parties. Each person executing this Lease for the respective Parties expressly represents and warrants that he or she has the authority to enter into Leases on behalf of and bind the entity on whose behalf this Lease is executed.
(h) This Lease may be executed by the Parties in counterparts, and when executed by each of the Parties, each counterpart shall be deemed to be a part of the same instrument.
City of Victorville/VVTA Lease Page 19 Victor Valley Transportation Center
37. Incorporation of Recitals . The Parties agree that the Recitals set forth in this Lease are true and correct and are hereby incorporated and made an operative part of this Lease by this reference.
[END OF THIS PAGE – SIGNATURES FOLLOW]
City of Victorville/VVTA Lease Page 20 Victor Valley Transportation Center IN WITNESS WHEREOF, the Parties have executed this Lease Agreement as of the dates set forth below.
LESSOR: CITY OF VICTORVILLE
Signature: ______________________________ _____________ Date
Name and Title: ____________________________________
ATTEST:
Signature: ______________________________ _____________ Jennifer Thompson, City Clerk Date
APPROVED AS TO FORM:
Signature: ______________________________ _____________ City Attorney Date
RISK MANAGER
Signature: ________________________________ ______________ Sandra Bostick Date
LESSEE: VICTOR VALLEY TRANSIT AUTHORITY
Signature: _________________________________ _____________ Date
Name and Title: ____________________________________
City of Victorville/VVTA Lease Page 21 Victor Valley Transportation Center
EXHIBIT A
DESCRIPTION OF LEASED PREMISES
Victor Valley Transportation Center
16838 D Street, Victorville, CA 92395
A.P.N.: 0478-161-06
Parcel 1 of Parcel Map No. 14994 in the City of Victorville, County of San Bernardino, State of California, as per PLAT Recorded in Book 181 of Parcel Maps, pages 78 and 79.
City of Victorville/VVTA Lease Page 22 Victor Valley Transportation Center
EXHIBIT B
PARKING LOT MAINTENANCE RESPONSIBILITY MAP
and
RESERVED AREAS
City of Victorville/VVTA Lease Page 23 Victor Valley Transportation Center
EXHIBIT C
USE AND CONDITION OF LEASED PREMISES
USE
The use of the Leased Premises shall include the operation of Transit Stations and Terminals as well as ride sharing and providing public transportation, in accordance with the provisions of the Old Town Specific Plan (OTSP). Lessee shall further be required to ensure that 109 parking spaces in the lot West of 4 th Street (exclusive of those reserved for Beck Oil) shall be used for Park & Ride purposes/services.
Accessory uses are further permitted in accordance with the following provisions of the OTSP, as such may be amended from time to time. Currently the OTSP provides that:
Accessory uses for commercial, industrial and other non -residential accessory uses shall not exceed a total of twenty percent of the total floor area of the primary use occupying the building and include such uses as the following. Additional uses not specifically listed may approved at the discretion of the Zoning Administrator. • Administrative Office
• Café
• Day Care Facility
• Market
• Meeting Room – community or private
• Outdoor cooking in conjunction with a restaurant
• Outdoor seating in conjunction with a restaurant
CONDITION
The Lessee acknowledges having previously occupied the Leased Premises and accepts the Leased Premises in "as-is, where-is" condition as of the Effective Date of this Lease.
The Lessor and Lessee agree that any prior inspections or conditions established under earlier agreements shall not limit or modify the responsibilities defined in this Lease unless expressly stated herein.
City of Victorville/VVTA Lease Page 24 Victor Valley Transportation Center
EXHIBIT D
UTILITY METERS AND LOCATIONS
UTILITY METERS
Southwest Gas Meters:
• 799F458104
• 21T072777
Southern California Edison Meters:
• 259000-000581
• 256000-058536
• 256000-058535
• 256000-058546
• 256000-058537
• 256000-058547
Victorville Water District Meters:
• 60927945
• 60925013
• 53511748 – Fire Service Meter
• 53545498 – Irrigation Meter
UTILITIY METER LOCATIONS