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HomeMy WebLinkAbout25E - AGMT - PARKING LEASEREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 19, 2016 TITLE: AGREEMENT RENEWAL WITH APOSTOLIC ASSEMBLY OF THE FAITH IN CHRIST JESUS, INC. FOR PARKING LEASE AT 308 NORTH MAIN STREET (STRATEGIC PLAN NO. 3,4B) CITY MANAG RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended 71 As Amended Ordinance on tat Reading Q Ordinance on 2otl Reading El Implementing Resolution 0 Set Public Hearing For CONTINUED TO IAI11111= 111118fl=1 7 Authorize the City Manager and Clerk of the Council to renew the agreement with Apostolic Assembly of the Faith in Christ Jesus, Inc. for the parking lease located at 308 North Main Street for the first renewal period of April 1, 2016 through March 31, 2017, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The former Community Redevelopment Agency (CRA) for the City of Santa Ana owned several parcels of land located throughout the Downtown area, including the ten -space parking lot at 308 North Main Street. In early 2011, the Apostolic Assembly of the Faith in Christ Jesus, Inc. (Apostolic Assembly) approached the CRA for the lease of such property to accommodate their daily parking needs. As such, on April 1, 2011, both entities entered into an initial five -year term agreement effective through March 31, 2016 with two, one -year renewal options. The lease payments for the property are set at $1,053 per month and have been satisfactorily met during the initial five year term. When the CRA was dissolved as of February 1, 2012, the City of Santa Ana became the owner of the above referenced property and assumed all lease associated obligations. The City of Santa Ana and the Apostolic Assembly are both in agreement to exercise the first one -year renewal option under the same terms and conditions. Therefore, staff's recommendation is to approve and formerly recognize the first renewal option between the City of Santa Ana and the Apostolic Assembly. STRATEGIC PLAN ALIGNMENT Approval of these items assists the City in meeting Goal #3 — Economic Development, Objective #4 (continue to pursue objectives that shape downtown Santa Ana into a thriving, culturally diverse, shopping, dining, and entertainment destination), Strategy B (create a comprehensive program to 25E -1 Agreement Renewal with Apostolic Assembly April 19, 2016 Page 2 manage parking that includes innovative strategies to provide parking , create revenue and enhance accessibility in the downtown). FISCAL IMPACT Funds received will be deposited into Parking Meter & Facilities revenue account (no. 02710002- 53804) as follows: Fiscal Year Account Amount FY 2015 -16 April 1, 2016 -June 30, 2016 02710002 -53804 $3,159 FY 2016 -17 (July 1, 2016 -March 31, 2017 02710002 -53804 $9,477 Total $12,636 APPROVED AS TO FUNDS AND ACCOUNT: Francisco Gutierrez Executive Director Finance and Management Services Agency 6� Exhibit: 1. One -year Extension of Lease 2. Original Lease 25E -2 MAYOR Miguel A. Pulido MAYOR PRO TEM Vincent R Sarmiento COUNCILMEMBERS Angelica Amezoua P. David Benavides Michele Martinez Roman Rayne Sal Tinaiero Pastor Leobardo A. Maffey Apostolic Assembly Si6n 308 N. Main Street Santa Ana, CA 92701 CITY OF SANTA ANA FINANCE AND MANAGEMENT SERVICES AGENCY 20 Civic Center Plaza M -17 s P.O. Box 1988 M -17 Santa Ana, California 92702 WWW.aanta-ana March 22, 2016 CITY MANAGER David Cavazos CITY ATTORNEY Sonia R. Carvaiho CLERK OF THE COUNCIL Maria D. Huizar Re: One -Year Extension of Lease Aarree atent re Parking Spaces at 308 N. Main Street Dear Pastor Maffey: Pursuant to Section 1.02(a) of the Lease Agreement entered into by Apostolic Assembly of the Faith in Christ Jesus and the Community Redevelopment Agency for the City of Santa Ana, effective April 1, 2011, the term of the Agreement is hereby extended for 1 one -year period, from April 1, 2016 through March 31, 2017, by mutual consent of the parties. The Community Redevelopment Agency was dissolved as of February 1, 2012, at which time the City of Santa Ana became the owner of the above - referenced property. Accordingly, all references in the Agreement to "Lessor" shall hereafter mean "City of Santa Ana." The insurance certificates are required to be extended and/ re —hewed to cover this extension. All other terms and conditions of the Lease Agreement remain unchAged and in fitll force and effect. CITY OF SANTA ANA APOST `LIC ASSEMBLY David Cavazos Leobard A� Ma ey City Manager Pastor APPROVED AS TO FORM n M. Funk Assistant City Attorney Exhibit 1 ATTEST Maria D. Huizar Clerk of Council SANTA ANA CITY COUNCIL Miguel A. Pulido Vincent F. Sarmiento Michele Martinez Ant ellca Amezcue P. David Benavides Roman Reyna Sal Tinajero Mayor i Mayor Pro Tom. Ward 1 Ward a Ward Wards Ward MP- tlo sanla -ana or =i r lonloa sanlaana -orq MM 24 (� t = a na. r DBenaNdespsanla -ana oro Re n @ sante -ana ora ro s�,qj� m,onarj 25E -4 DO NOT RECORD LEASE AGREEMENT BETWEEN THE COMMUNITY REDEVELOPMENT AGENCY THE CITY OF SANTA ANA AND THE APOSTOLIC ASSEMBLY OF THE FAITH IN CHRIST JESUS, INC. THIS LEASE AGREEMENT" ( "Agreement ") is made and effective this 1" day of April, 2011, by and between the Community Redevelopment Agency for the City of Santa Ana, herein referred to as "Lessor ", and the Apostolic Assembly of the Faith in Christ Jesus, Inc, a California non -profit public benefit corporation, herein referred to as "Lessee ". The parties hereto agree as follows: ARTICLE 1— TERM OF LEASE Section 1.01 Property and Use (a) Lessor owns the real property described in Exhibit A attached hereto and made a part hereof (the "Property "), located at 308 N. Main Street, Santa Ana, California. (b) Lessor hereby rents to Lessee sole use of the area designated as the parking lot on said Property to park motor vehicles on site per the striping plan referenced in Exhibit B attached hereto and incorporated herein. (c) Lessee is accepting the Property in an "as -is" condition. (d) Lessee may not sublet or assign the Property to any other person, entity, company or organization. (e) Any signage Lessee intends to place upon the Property is subject to prior approval of the Lessor, and must be compliant with City of Santa Ana local regulations. (f) Upon the expiration or termination of this Agreement, Lessee shall surrender the Property to Lessor in good and clean condition, less ordinary wear and tear. Section 1.02 Term (a) The terra of the Agreement for renting the Property ( "Term ") shall be for five (5) years commencing on April 1, 2011 with termination on March 31, 2016, at rental amounts set forth below. There shall be two (2) one- year renewal options exercisable by agreement of both parties. If no options to renew are exercised, the Agreement shall continue on a month to month basis after the Term expires, until the Lessor terminates. a Exhibit 2 25E -5 DO NOT RECORD (b) Notice of intent to vacate or termination of the Lessor- Lessee relationship is only valid with thirty (30) clays prior written notice to the other party for no cause. (e) Notice of intent to terminate due to violation of Lease terms and conditions shall be consistent with California State law. Section 1.03 Rent /Security Deposit (a) Upon execution of this Agreement, Lessee shall pay to Lessor the following monthly compensation for use of the Property: April 1, 2011 through Dec. 31, 2011 = $700 per month Jan. 1, 2012 through March 31, 2016 = $1053 per month Rent payments will be due upon execution of this Agreement and thereafter on or before the 5 °i of each month, payable to "Community Redevelopment Agency of the City of Santa Ana," and remitted to: The City of Santa Ana M -13, 20 Civic Center Plaza, P.O. Box 1988 Santa Ana, CA 92702. A late charge of ten percent (10 %) shall be applied after any payment hereunder is due but unpaid. (b) Lessee's monthly rental payments shall be subject to a CPI adjustment equal to the City's Miscellaneous Fee CPI upon exercise of each renewal option during the term hereof. (c) Contemporaneously with the execution of this Agreement, Lessee shall deposit with Lessor the sum of $2,000.00 as a Security Deposit. The deposit will be held without liability for interest as security for faithful performance by Lessee. (d) Rent for any period during the rental term which is less than one (1) month shall be a prorated portion of the monthly installment herein, based upon a thirty (30) day month. Section 1.04 Non - Recording Neither party shall record this Agreement, ARTICLE 2 — TAXES AND MAINTENANCE Section 2.01 Taxes Lessee shall pay before they become delinquent all taxes, assessments or other charges levied or imposed by any governmental entity on Lessee's Property. If such taxes are not 25E -6 DO NOT RECORD assessed separately to Lessee, Lessor shall provide Lessee with evidence, reasonably acceptable to Lessee, of such tax assessment and the amount due, which is attributable to Lessee. Section 2.02 Maintenance Lessee shall pay for all services furnished to the Property for the use, operation and maintenance of Lessee's Property during the Term of this Agreement, or any extension thereof, and for the removal of trash from the Property during the Term of this Agreement, or any extension thereof. Lessee shall provide lighting for the Property and for persons using the Property. ARTICLE 3 — IMPROVEMENTS AND ACCESS Section 3.01 The Property /Miscellaneous (a) Lessee shall repair any damage to the Property and will leave the Property in satisfactory condition as approved in writing by Lessor. Lessee shall be required to remove all its fixtures upon expiration/termination of the Agreement, and if Lessee fails to do so within thirty (30) days, Lessor may elect to do so at Lessee's sole cost and expense, or elect to not remove such fixtures, in which case, such fixtures shall become the property of Lessor, at Lessor's option. Any personal property, equipment or other improvements that are not removed within said thirty -day period shall become the property of Lessor, at Lessor's option. Lessee's obligation to pay compensation to Lessor shall not cease, unless and until the fixtures that Lessee must remove, are removed to Lessor's approval. (b) Lessee shall provide access to the Property to the Lessor, and its employees, agents, contractors and subcontractors, twenty -four (24) hours a day, seven (7) days a week. Except in the case of emergencies, Lessor shall give Lessee twenty -four (24) hours notice prior to entry into the Property. (c) Lessee shall, at its sole cost and expense, maintain and repair the Property including, but not limited to, the removal of all trash, debris, graffiti, as well as any special intensive cleaning. If Lessee causes any damage to the Property, to the Property or to access roadways or other nearby facilities, it shall properly repair same as specified by Lessor. (d) Upon the expiration or termination of this Agreement, Lessor shall approve in writing the surrender of the Property by Lessee only after being satisfied that the Property has been left in good and clean condition, less ordinary wear and tear. 25E -7 DO NOT RECORD (e) Quiet Enjoyment. Lessee shall have quiet possession of the Property for the entire term hereof, subject to all the provisions of this Agreement. Section 3.02 Liens Lessee will not permit any mechanics' or materialmens' or other liens to stand against the Property by reason of any use or occupancy by Lessee, or any person claiming under Lessee. ARTICLE 4 — INDEMNITY AND INSURANCE Section 4.01 Indemnification, Defense, Hold Harmless Lessee shall protect, defend, indemnify and save and hold harmless Lessor, its officers, officials, employees, and agents from and against any and all liability, loss, damage, expenses, costs (including without limitation costs and fees of litigation of any nature) arising out of or in connection with Lessee's performance of this Agreement or I.,essee's failure to comply with any of Lessee's obligations contained in the Agreement by Lessee, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of Lessor. In the event Lessor is named as codefendant, Lessee shall notify Lessor of such fact and shall represent Lessor in such legal action unless Lessor undertakes to represent itself as codefendant in such legal action, in which event Lessor shall bear its own litigation costs, expenses and attorney's fees. Lessee further agrees to indemnify, hold harmless, and pay all costs for the defense of the Lessor, including fees and costs for special counsel to be selected by Lessor, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution. judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. Lessor may make all reasonable decisions with respect to its representation in any legal proceeding. Section 4.02 Insurance In addition to the Lessee's covenant to indemnify and bold harmless Lessor, Lessee shall obtain and furnish to Lessor, a policy of general public liability insurance, commercial general liability, covering the Property. The policy shall indemnify Lessee and Lessor, their officers, agents and employees, while acting within the scope of their duties, against any and all claims arising out of or in connection with the Property and shall provide coverage in not less than the following amount: combined single limit bodily injury, personal injury and property damage, liability, of $1,000,000 per occurrence. The City also requires an Additional Insured Endorsement, as attached and incorporated herein as Exhibit C. The policy shall name the City of Santa Ana, its agents, officers, employees and volunteers as Additional Insureds, and shall specifically provide that any insurance coverage which may be applicable to the Property shall be deemed excess coverage and that Lessee's insurance shall be primary. Under no circumstances shall the above- 25E -8 DO NOT RECORD mentioned insurance contain a "deductible" or any other similar form of limitation on the required coverage. Lessee is required to give the Lessor no less than thirty (30) days notice of cancellation or reduction in coverage. No cancellation provision in any insurance policy shall be construed in derogation of the continuous duty of Lessee to furnish insurance during the term of this Agreement. Section 4.03 Property Insurance Lessee shall provide to Lessor, before entering the Property, and shall maintain in force during the entire term of this Agreement, property insurance with extended coverage endorsements thereon, on the Property in an amount equal to the full replacement cost and /or value thereof; this policy shall contain a replacement cost endorsement naming Lessee as the insured and shall not contain a co- insurance penalty provision. The policy shall contain a special endorsement that such proceeds shall be used to repair or rebuild any such improvements so damaged or destroyed; and if not so used, such proceeds shall be paid to Lessor. The proceeds of any such insurance payable to Lessor shall be used for rebuilding or repair as necessary to restore the Property at the discretion of Lessor. The policy shall name Lessor as an Additional Insured. The policy or policies shall also contain the following endorsements: The insurer will not cancel or reduce the insured's coverage without thirty (30) days prior written notice to Lessor; and 1 Lessor will not be responsible for premiums or assessments on the policy. A complete and signed certificate of insurance with all endorsements required by this Section shall be filed with Lessor prior to the execution of this Agreement. At least thirty (30) days prior to the expiration of any such policy, a signed and complete certification of insurance showing that coverage has been renewed, shall be filed with Lessor. Section 4.04 Certificates of Insurance; Additional Insured Endorsements Prior to execution of this Agreement, Lessee shall furnish to Lessor certificates of insurance and additional insured endorsements to each of Lessee's insurance policies, subject to approval of the City Attorney, evidencing the foregoing insurance coverages as required by this Agreement; these certificates shall: provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; and 3. shall promise to provide that such policies will not be canceled, suspended, voided, reduced in coverage or in limits, or modified without thirty (30) days prior written notice of Lessor. 25E -9 DO NOT RECORD Lessee shall maintain the foregoing insurance coverages in force throughout the term of this Agreement. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of Lessor by Lessee under the Agreement. Lessor or its representatives shall at all times have the right to demand the original or a copy of all these policies of insurance, which Lessee shall provide within fifteen (15) days of Lessor's request. ARTICLE 5 —TERMINATION/DEFAULT Section 5.01 Termination (a) In the event of any damage, destruction or condemnation of the Property, which renders the Property unusable or inoperable in Lessor's judgment, Lessee shall have the right, but not the obligation, to terminate the Agreement with respect to the subject Property by giving written notice to Lessor within thirty (30) days after such damage, destruction or condemnation. If by virtue of such casualty or condemnation, Lessor determines that the Property is no longer adequate for Lessee to continue its operations, or any repairs to the Property have not been completed or cannot reasonably be completed within sixty (60) days from the date of the damage, destruction or condemnation. This Agreement will become null and void. (b) In the event of condemnation, unless Lessee is allowed by the condemning authority to continue its operations in the Property, this Agreement shall terminate as of the date title to the Property vests in the condemning authority or Lessee is required to cease its operations, whichever is earlier. If any property described herein or hereinafter added hereto is taken in eminent domain, the entire award shall be paid to Lessor. (c) This Agreement may be terminated on fifteen (15) days prior written notice by either party upon a default of any covenant or term hereof by the other party, which default has been noticed and is not cured within thirty (30) days of receipt of written notice of default, provided that the grace period for any monetary default is only ten (10) days from receipt of notice. ARTICLE 6 — ASSIGNMENT, ABANDONMENT, DEFAULT, INSOLVENCY Section 6.01 Assignment Lessee shall not, either voluntarily or by operation of law, assign, transfer, mortgage, pledge, or encumber this lease or any interest therein, and shall not sublet said Property or any part thereof, or any right or privilege appurtenant thereto, or allow any other person (the employees, agents, servants, and invitees of Lessee excepted) to occupy or use said Property, or any portion thereof, without the prior written consent of the Lessor. 25E -10 DO NOT RECORD Section 6.02 Abandonment by Lessee Should Lessee breach this Agreement and abandon the Property prior to the expiration of the Term, Lessor may recover at least one month's rental compensation for Lessee's failure to give notice of such termination/vacation of the Property. Section 6.03 Default by Lessee Should Lessee default in the performance of any of the terms, conditions, or obligations contained in this Agreement, Lessor may, in addition to the remedies specified in Section 6.02 of this Agreement, re -enter and regain possession of the Property in the manner provided by the laws of unlawful detainer of the State of California then in effect. Section 6.04 Insolvency of Lessee The insolvency of Lessee as evidenced by a receiver being appointed to take possession of all or substantially all of the property of Lessee, or the making of a general assignment for the benefit of creditors by Lessee, or the tiling of a petition in bankruptcy shall terminate this Agreement and entitle Lessor to re -enter and regain possession of the Property. Section 6.05 Cumulative Remedies The remedies given to Lessor in this Agreement shall not be exclusive, but shall be cumulative and in addition to all remedies now and hereafter allowed by law or elsewhere provided in this Agreement. Section 6.06 Waiver of Breach The waiver by Lessor of any breach by Lessee of any of the provisions of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach by Lessee either of the same or another provision of this Agreement. ARTICLE 7 — HAZARDOUS MATERIALS Section 7.01 At the time of execution of this Agreement, Lessor warrants that the Property is clean and contains no known hazardous materials. Lessee represents and warrants that it will comply with all environmental laws during the term of this Agreement; its use of the Property herein will not generate any hazardous substance, and it will not store or dispose on the Property nor transport to or over the Property any hazardous substance. Lessee further agrees to clean -up and remediate any hazardous substance on the Property and Property, and hold Lessor harmless from and indemnify Lessor against any release of any such hazardous substance and any damage, loss, or expense or liability resulting from such release including all attorneys' fees, costs and penalties incurred as a result thereof 25E -11 DO NOT RECORD except any release caused by the negligence of Lessor, its employees or agents. "Hazardous substance" shall be interpreted broadly to mean any substance or material defined or designated as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, or other similar term by any federal, state or local environmental law, regulation or rule presently in effect or promulgated in the future, as such laws, regulations or rules may be amended from time to time: and it shall be interpreted to include, but not be 'limited to, any substance which after release into the environment will or may reasonably be anticipated to cause sickness, death or disease. ARTICLE 8 — MISCELLANEOUS Section 8.01 Force Majcure — Unavoidable Delays Should the performance of any act required by this Agreement to be performed by either Lessor or Lessee be prevented or delayed by reason of an act of God, strike, lockout, labor troubles, inability to secure materials, restrictive governmental laws or regulations, or any other cause except financial inability not the fault of the party required to perform the act, the time for performance of the art 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, provided, however, that nothing contained in this section shall excuse the prompt payment of compensation by Lessee as required by this Agreement or the performance of any act rendered difficult solely because of the financial condition of the party, Lessor or Lessee, required to perform the act. Section 8.02 Notice Any written notice or required submittals, given under the terms of this Agreement, shall be delivered personally, or mailed, certified marl, postage prepaid, addressed to the party concerned as follows: 1 "o Lessor: and. City of Santa Ana - Community Redevelopment Agency 20 Civic Center Plaza (M -25) 13.0. Box 1988 Santa Ana, CA 92702 Attn: Executive Director 'relefacsimile (714) 647 -6549 Agency General Counsel City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, CA 92702 Telefaesimile (714) 647 -6515 25E -12 DO NOT RECORD To Lessee: Apostolic Assembly of the Faith in Christ Jesus , Inc. P.O. Box 3416 Santa Ana, CA 92703 -0416 Attn: Ariel Meza, Pastor A party may change its address by giving notice in writing to the other party. "Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. Section 8.03 Contract Administrator The Executive Director of the Agency, or his /her designee, shall be City's Administrator for this Agreement and all approval and notices required to be given herein shall be so directed and addressed. Section 8.04 Compliance with Laws Lessee shall at Lessee's own cost and expense comply with all statutes, ordinances, regulations, and requirements of all governmental entities, including federal and state, county and municipal, relating to Lessee's use and occupancy of the Property whether such statute, ordinances, regulations, and requirements be now in force or hereinafter enacted. The judgment of any court of competent jurisdiction, or the admission by Lessee in a proceeding brought against Lessee by any government entity, that Lessee has violated any such statute, ordinance,, regulation, or requirement shall be conclusive as between Lessor and Lessee and shall be considered grounds for termination of this Agreement by Lessor. Lessee will obtain all permits and other governmental approvals, required in connection with Lessee's activities hereunder, and update such permits /approvals as necessary. Section 8.05 Binding on Heirs and Successors This Agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the parties hereto. The provisions of this 25E -13 DO NOT RECORD Section shall not be deemed to be a waiver of any of the conditions against assignment set forth hercin. Section 8.06 Partial Invalidity Should any provision of this Agreement be held by a court of competent jurisdiction to be either invalid, void, or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect unimpaired by the holding, so long as the reasonable expectations of the parties hereto are not materially impaired. Section 8.07 Waste or Nuisance Lessee shall not commit or permit the commission by others of any waste on the Property. Lessee shall not maintain, commit, or permit the maintenance or commission of any nuisance as defined in Section 3479 and /or Section 3480 of the California Civil Code on the Property; and Lessee shall not use or permit the use of the Property for any unlawful purpose. Section 8.08 Repairs Lessee shall be required to make any repairs to the Property occurring from damages caused by Lessee, its employees, agents, contractors, and subcontractors. Section 8.09 Time of Essence Time is expressly declared to be of the essence in this Agreement. Section 8.1.0 Governing Law This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Change County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. Section 8.11 Survival 'Perms and conditions of this Agreement which by their sense and context survive the termination or expiration of this Agreement, shall so survive. Section 8.12 Reserved Section 8.13 Conflict of Interest ffill 25E -14 DO NOT RECORD Lessee covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any rnanner with performance of this Agreement. Section 8.14 Attorney's Fees In the event suit is brought by either party to enforce the terms and provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees. Section 8.15 Exclusivity and Amendment This Agreement constitutes the entire agreement and understanding between Lessor and Lessee respecting the Property and correctly sets forth the obligations of Lessor and Lessee to each other as of such date. Any agreements or representations respecting the Property or their licensing between the parties not expressly set forth in this instrument are null and void. This Agreement or any part of it may not be changed, altered, modified, limited or extended orally or by any Agreement between the parties, unless such Agreement is expressed in writing, signed and acknowledged by Lessor and Lessee, or their successors in interest. Section 8.16 Captions Captions used in this Agreement are for ease of reference only and shall not affect the construction or interpretation of this Agreement. Section 8.17 Non - Discrimination Lessee shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Lessee affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. BALANCE OF PAGE INTENTIONALLY LEFT BLANK SIGNATURES ON NEAT PAGE 25E -15 DO NOT RECORD IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first written above. ATTEST: COMMUNITY REDEVELOPMENT AGENCY - CITY OR SANTA ANA Maria D. ITuizar Nancy'1'. L ards Clerk of the Council Interim hxec ive Director APPROVED AS TO FORM: LESSEE: ,Agency Legal Counsel By:__ r — By Lisa E Storck' Jason X� ilaf Assistant Counsel EQWe Pastor 12 25E -16 EXHIBIT C ADDITIONAL INSURED ENDORSEMENT Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # -- relating to the following: 1. The Community Redevelopment Agency of the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92702, and its officers, employees, agents and volunteers are named as additional insureds ( "additional insureds ") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. a. With respect to the additional insureds, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the Community Redevelopment Agency of the City of Santa Ana, 20 Civic Center Plaza (M -25), Santa Ana, California 92702. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to this endorsement form as a part of Named Insured Countersigned by 25E -17 Authorized Representative FOURTH THIRD U N 308 North Main Street Exhibit A 25E -18 STREET STREET C ryR'1 2SE T 25E -20