HomeMy WebLinkAboutRAILWORKS TRACK SERVICES, INC.INSURANCE ON FILE
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CITY CLERk( 0 8 29Z4
DATE: MAK
A-2024-019
LEASE AGREEMENT BY AND BETWEEN THE CITY OF SANTA ANA AND
RAILWORKS TRACK SERVICES, INC. FOR USE OF THE SANTA ANA REGIONAL
TRANSPORTATION CENTER FACILITIES
THIS LEASE (the "Lease") is made as of February 6, 2024, by and between the City of
Santa Ana, a charter city and municipal corporation organized and existing under the Constitution
and laws of the State of California ("City" or "Landlord"),and RailWorks Track Services, Inc.
("Tenant").
1. EXHIBITS: The following exhibits are attached hereto and incorporated herein by
reference:
Exhibit "A" The Premises
Exhibit `B" Additional Lease Conditions
2. PREMISES: Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord,
upon the terns, covenants and subject to the conditions set forth herein, a portion of the property
located at 1000 East Santa Ana Boulevard in the City of Santa Ana, commonly known as the Santa
Ana Regional Transportation Center (SARTC). Specifically, Tenant will be leasing the portion
identified as Suite 103, consisting of approximately 1,452 square feet of interior office space
(hereinafter referred to as the "PREMISES"). Tenant shall be solely responsible at its own expense
for all improvements made to the Premises and obtain all necessary permits. The Premises are
more particularly described in Exhibit A. The Landlord reserves the right to reconfigure the lease
space or relocate the Tenant within SARTC by providing Tenant with a 30-day notice of such
reconfiguration or relocation.
3. COMMENCEMENT OF TERM: The term of this Lease (the "Term") shall commence
on the date written above (the "Commencement Date") and continue through June 30, 2024, unless
sooner terminated or extended as provided herein.
4. ADDITIONAL LEASE CONDITIONS: Tenant acknowledges that this lease is subject
to compliance with the additional lease conditions attached hereto as Exhibit B. These additional
lease conditions are a material part of this Lease and any default of these conditions will be deemed
a major breach and will subject this lease to termination per the terms identified herein.
5. EXTENSION PERIODS: Landlord shall have the right, but not the obligation, to provide
Tenant the option to extend the Term for twelve (12) additional periods of one (1) month each on
the same terns and conditions as set forth in this Lease. Each option shall be agreed to in writing
by the Landlord and Tenant prior to the expiration of the Term or any Extension Period then in
effect. If Tenant does not exercise its option to extend as provided herein, Tenant will be deemed
a holdover Tenant and subject to paragraph 7 of this lease. The lease is subject to a Consumer Price
Index (CPI) increase for any extension period.
6. RENT: Upon the Commencement Date, Tenant shall pay to Landlord, as rent ("Rent")
the monthly sure of Four Thousand Three Hundred Fifty Six Dollars ($4,356.00) in advance, on
the 1st day of each calendar month and continuing through the life of the Term. City and Tenant
recognize lease of the Premises from February 1, 2024 through the Commencement Date. Any
partial month shall be prorated at $145.00 per day. All payments of Rent and other suns due to
Landlord hereunder shall be made payable to "The City of Santa Ana" and remitted to: City of
Santa Ana M-13, 20 Civic Center Plaza, PO Box 1988, Santa Ana, CA 92702. A LATE CHARGE
OF TEN PERCENT (10%) SHALL BE APPLIED TO ANY PAYMENT HEREUNDER DUE
BUT UNPAID AFTER THE I Orn of the month. Landlord and Tenant hereby agree that Rent for
any Extension Period, if the option for such is exercised, shall be subject to a CPI adjustment
annually on the anniversary of the commencement date of the term hereof.
7. HOLDOVER: Tenant has no right to retain possession of the Premises or any part thereof
beyond the expiration or termination of this Lease. In the event that Tenant holds over, then the
Rent shall be increased to 150% of the Rent applicable immediately preceding the expiration or
termination. Nothing contained herein shall be construed as consent by Landlord to any holding
over by Tenant. Any holding over by Tenant of the Premises after the expiration or termination
of this Lease shall operate and be construed as a tenancy from month to month subject to the terms
of this Lease, terminable by either party upon thirty (30) days prior written notice to the other.
8. LANDLORD'S TITLE: (a) Landlord hereby covenants, represents and warrants to
Tenant that Landlord has fee simple title to the Premises and has the full right and lawful authority
to make this Lease. Notwithstanding anything contained herein to the contrary, if there are any
lions, security interests, restrictions, leases, encumbrances, encroachments, laws, ordinances,
governmental rules or regulations, title restrictions, zoning, endangered species or any other
matters which in fact interfere with Tenant's use of the Premises, then Tenant may terminate this
Lease without owing any liability to Landlord. Landlord covenants that so long as Tenant is not
in monetary default as defined hereunder, Tenant shall have quiet and peaceful possession and
enjoyment of the Premises, all improvements located thereon and of all casements, rights and
appurtenances thereunto belonging.
9. DELIVERY OF POSSESSION UPON TERMINATION OR EXPIRATION OF TERM:
Tenant agrees to deliver to Landlord physical possession of the Premises upon the termination or
expiration of this Lease in good condition except, however, ordinary wear and tear, damage by fire
or any other casualty, or damage from any other cause unless such other cause is solely attributable
to the negligence of Tenant.
10, ASSIGNMENT AND SUBLETTING: Tenant may not assign this Lease or sublet the
Promises or any part thereof without the prior written consent of Landlord.
11. TENANT'S REPAIRS, ALTERATIONS AND FIXTURES: Except for reasonable
wear and tear, Landlord agrees at Landlord's expense to (1) provide general building maintenance,
and (2) maintain in good repair the foundation, retaining walls and structural soundness of the
Premises. Landlord agrees to keep the Premises in good repair, including the plumbing, electrical
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wiring, air-conditioning and heating equipment. Subject to Landlord approval, Tenant may make
and pay for any renovations, alterations and improvements to the Premises as Tenant deems
desirable and Tenant agrees that all such alterations and improvements shall be made in a good
and workmanlike manner and in such fashion as not to diminish the value of the building, and that
no such alterations shall compromise the structural integrity of the Premises. All improvements,
additions, alterations, and repairs shall be in accordance with applicable laws and at Tenant's own
expense. Tenant shall indemnify and defend Landlord for all liens, claims, or damages caused by
remodeling, improvements, additions, alterations, and major repairs made by Tenant. It shall be
Tenant's 's duty to keep the Premises free and clear of all liens, claims, and demands for work
performed, materials furnished, or operations conducted on the Premises at the request of Tenant.
On surrendering possession of the Premises to Landlord at the expiration or sooner termination of
this Lease or any Extension Period, Tenant shall be required to return the premises in the same
condition upon commencement of lease except for normal wear and tear.
Tenant may paint the interior of the Premises and may also paint, erect or authorize the
installation of "temporary signs" in accordance with a signage plan that is pre -approved by the
Landlord. Landlord shall not install or maintain, or permit anyone other than Tenant to install or
maintain, any signs on any part of the Premises or within the air space above the Premises during
the Term or any Extension Period of this Lease.
12. MAINTENANCE: Landlord shall provide at its own cost and expense janitorial services
for the Premises. Janitorial supplies and services shall be provided on a five -day -per -week basis.
13. COMPLIANCE WITH LAWS: Tenant shall make and pay for nonstructural
improvements and alterations to comply with all applicable laws, rules, regulations and ordinances
of any and all applicable governmental entities (the "Governmental Laws") applying to the
physical condition of the Premises and the building located thereon and arising solely from
Tenant's conduct of business. TENANT ACKNOWLEDGES THAT THE PREMISES HAS NOT
UNDERGONE AN INSPECTION BY A CERTIFIED ACCESS SPECIALIST (CASP).
14• UTILITIES: Landlord agrees to pay for all utilities furnished to the Premises and which
are consumed by Tenant, during the Term and any Extension Period, including charges or
assessments for water, sewer, gas, heat, electricity, garbage disposal and gash disposal.
15• ESTOPPEL CERTIFICATES: Landlord and Tenant shall, from time to time upon
thirty (30) days' request by the other (but not to exceed more than three (3) times in any given
calendar year), execute, acknowledge and deliver a statement, dated currently, certifying that this
Lease is unmodified and in full, force and effect (or, if there have been modifications, that this
Lease is in frill effect as modified, and identifying such modifications) and the dates to which the
Rent have been paid, and that no default exists in the observance of this Lease and no event of
default has occurred and is continuing, or specifying each such default or event of default of which
Landlord or Tenant may have knowledge, it being intended that any such statement may be relied
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upon by Landlord's or Tenant's Mortgagees, any prospective purchaser of the interest of Landlord
or Tenant in their respective premises described herein.
16.INDEMNITY: Tenant shall indemnify, defend, and hold harmless City, and its
respective agents, representatives, employees, subsidiaries and affiliates ("Covered Parties") from
and against any and all actions, suits, claims, demands, judgments, losses, expenses, or liabilities,
injuries and damages to persons and property, including death, arising out of or related to Tenant's
use of the Premises, the entry by any Tenant Party on the License Area or surrounding property,
or Tenant's breach or default in the performance of any of its obligations under this Agreement;
provided, however, that Tenant will not be obligated to indemnify the Covered Parties from any
claims arising solely from the gross negligence or willful misconduct of a Covered Party. If any
action or proceeding is brought against any Covered Party by reason of any such claim, Tenant,
upon receipt of written notice from Covered Party, shall defend the same at Tenant's expense with
legal counsel reasonably acceptable to Covered Party. Payment shall not be a condition precedent
to recovery under any indemnification in this Agreement, and a finding of liability or an obligation
to indemnify shall not be a condition precedent to the duty to defend. The provisions of this Section
16 shall survive the termination or expiration of this Agreement.
17. INSURANCE: Throughout the Term or any Extension Period, Tenant shall maintain
insurance as described below:
a, Commercial General Liability (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 $2,000,000 per occurrence, and $5,000,000 in the aggregate. 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. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1),
or if Contractor has no owned autos, hired, (Code 8) and nonowned autos (Code 9),
with limit no less than $5,000,000 per accident for bodily injury and property
damage,
c, Workers' Compensation: as required by the State of California, with Statutory
Limits, and Employer's Liability Insurance with limit of no less than $1,000,000
per accident for bodily injury or disease.
d. Property insurance against all risks of loss to any tenant improvements or
betterments, at full replacement cost with no coinsurance penalty provision.
If the Contractor maintains broader coverage and/or higher limits than the minimums shown
above, the City requires and shall be entitled to the broader coverage and/or the higher limits
maintained by the contractor, Any available insurance proceeds in excess of the specified
minimum limits of insurance and coverage shall be available to the City.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additionallnsured Status
The City, its officers, officials, employees, and volunteers are to be covered as additional insureds
on the CGL policy with respect to liability arising out of work or operations performed by or on
behalf of the Contractor including materials, parts, or equipment furnished in connection with such
work or operations. General liability coverage can be provided in the form of an endorsement to
the Contractor's insurance (at least as broad as ISO Form CO 20 10 11 85 or if not available,
through the addition of
both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CO 20 37 if a later edition is used),
Primatfi Coverage
For any claims related to this contract, the Contractor's insurance coverage shall be primary
coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials,
employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers,
officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not
contribute with it.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except
with notice to the City.
Waiver of Subrogation
Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said
Contractor may acquire against the City by virtue of the payment of any loss under such insurance.
Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of
subrogation, but this provision applies regardless of whether or not the City has received a waiver
of subrogation endorsement from the insurer.
Self -Insured Retentions
Self -insured retentions must be declared to and approved by the City. The City may require the
Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses
and related investigations, claim administration, and defense expenses within the retention. The
policy language shall provide, or be endorsed to provide, that the self -insured retention may be
satisfied by either the named insured or City.
Acceptability of Insurers
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 AXII, unless otherwise acceptable to the City.
Verification of Coverage
Contractor shall furnish the City with original Certificates of Insurance including all required
amendatory endorsements (or copies of the applicable policy language effecting coverage required
by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all
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'policy endorsements to City before work begins. However, failure to obtain the required
documents prior to the work beginning shall not waive the
Contractor's obligation to provide them.
The City reserves the right to require complete, certified copies of all required insurance policies,
including endorsements required by these specifications, at any time.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the
risk, prior experience, insurer, coverage, or other special circumstances.
18. DAMAGEBY CASUALTY
a. In the event of a fire or other casualty in the Premises, Tenant shall immediately
give notice thereof to Landlord.
b. If the Premises, through no fault of Tenant, its agents, employees, invitees, or
visitors, shall be partially destroyed by fire or other casualty so as to render the Premises
untenantable as reasonably determined by Landlord, Rent shall abate in proportion to the
percentage of square footage of the Premises rendered unusable until such time as the Premises
are made tenantable as reasonably determined by Landlord. The entire Premises shall be made
tenantable by Landlord's diligent repair within sixty (60) days following the fire or casualty
incident.
C. Except where Landlord is not obligated to repair or rebuild the Building or the
Premises, Landlord will use due diligence to repair or rebuild the same (except that Landlord will
have no obligation to repair or replace any alteration, addition, or improvements to the Premises
other than the Tenant Improvements installed at Landlord's expense which will be repaired only
to the level of Building Standard Improvements).
d. In the event of (i) the total destruction of the Premises, (ii) the partial destruction
of the Premises or the Building where the same is so damaged that it cannot, in Landlord's
reasonable opinion, be repaired within sixty (60) days of the occurrence of such damage, or (iii)
damage or destruction as a result of any casualty for which insurance proceeds are not available to
pay 100% of the cost of repair or rebuilding, Landlord will have no obligation to repair or rebuild
the Premises or the Building. Landlord will make its determination whether to repair or rebuild
within sixty (60) days of the occurrence of such damage or destruction. Upon notification to
Tenant of Landlord's decision not to repair or rebuild, this Lease shall terminate. In such an event,
Tenant shall be reimbursed by Landlord any rent monies transferred from Tenant to Landlord
during this sixty (60) day period within fourteen (14) days after the termination of the lease.
19. EMINENT DOMAIN:
a. If (i) all or part of the Premises, the building located thereon, or (ii) so much of any
rights in the Premises or the building located thereon shall be taken or appropriated
under any right of eminent domain or under any other legal right whereby the taking
authority is obligated to compensate Landlord therefor so that there does not remain
premises suitable in the sole opinion of Tenant for the operation of its business,
then Tenant may terminate and cancel this Lease without owing any liability to
Landlord as of the date on which the condemning authority takes physical
possession upon giving to Landlord written notice of such election, Landlord agrees
immediately within ten (10) days after any notice of intended or actual taking or
appropriation to give Tenant written notice thereof, providing to Tenant full details
of such taking or appropriation, including, without limitation copies of all
condemnation plans or surveys submitted by the condemning authority, a statement
of the nature of the project to be conducted by the condemning authority, and such
other information as might be necessary to enable Tenant to determine its future
course of conduct. TENANT ACKNOWLEDGES THAT LANDLORD'S
EXERCISE OF ITS RIGHT TO TERMINATE THIS LEASE UNDER ANY
THIS PARAGRAPH SHALL NOT ENTITLE TENANT TO ANY RIGHTS
OR CLAIMS FOR RELOCATION BENEFITS OR ANY OTHER CLAIMS
RELATED TO CONDEMNATION OR INVERSE CONDEMNATION.
b. If this Lease shall be terminated and canceled as a result of any taking or
appropriation, Tenant shall be released from any further liability and Rent and other
sums for the last month of Tenant's occupancy shall be prorated and Landlord shall
immediately refund to Tenant any sums paid in advance.
c. Tenant reserves unto itself the right to prosecute Tenant's claim for an award for
damages for the termination of this Lease caused by such appropriation or taking,
together with damages based on the value of Tenant's improvements and Tenant's
fixtures and other personal property erected or installed on the Premises and
damages Tenant may sustain to the interest in the business operated by Tenant on
the Premises, including, but not limited to, goodwill, patronage, and the removal,
relocation, and replacement costs and expenses caused by such appropriation or
taking, and Tenant may file such claims as are permitted by law for the loss of its
leasehold interest, business dislocation damages, moving expense, or other
damages caused by such taking or appropriation. Tenant's right to receive
compensation or damages for its fixtures or its personal property shall not be
affected in any manner by this Lease.
20. LIENS: Tenant shall promptly remove and discharge, at its cost and expense, all
mechanic's liens, or other liens, for labor performed or materials furnished with respect to the
Premises by or for Tenant.
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21, PARKING AREA: Tenant acknowledges that Landlord has entered into an agreement
with the Orange County Transportation Authority for the construction of the OC Streetcar at
SARTC, which is under construction. Such construction may affect the number of parking spaces
available at any one time, though it is not possible to determine the precise effect at the time of
this Lease, Surface Parking Lots I and 2 allow up to 72-hour parking. Landlord will provide
parking passes to identify all Tenant vehicles parked at SARTC at no cost to Tenant. If the parking
structure at SARTC is full, Tenant and Tenant's agents, employees, customers and invitees must
use the surface lots at SARTC.
22. TENANT'S DEFAULT:
a. If Tenant shall default in payment of Rent, when due, Landlord shall forward
written notice, pursuant to Section 24, of such default to Tenant, and the failure of
Tenant to cure such default within three (3) days after the date of receipt of such
notice shall, at the sole option of Landlord, cause the termination of this Lease.
b. If Tenant shall default in the performance of any other terms or provisions of this
Lease, and if Landlord shall give to Tenant written notice, pursuant to Section 24,
of such default, and if Tenant shall fail to cure such default within thirty (30) days
after receipt of such notice, Landlord at its sole option, shall cause the termination
of this Lease immediately.
23. HAZARDOUS SUBSTANCES:
a. As used herein, the term "Hazardous Substances" shall mean, without limitation,
any substance that is biologically or chemically active or any hazardous, toxic, or
dangerous waste, substance (including, but not limited to, lead -based paint,
asbestos or petroleum derivative substances), or material defined as such in (or for
purposes of) (i) any state, federal or local environmental laws, interpretive letters,
regulations, decrees or ordinances, (ii) the Comprehensive Environmental
Response, Compensation and Liability Act, as amended, (iii) the Resource
Conservation and Recovery Act, (iv) any of the state or local "Super Fund", "Super
Lien" or "Cleanup Lien" laws or (v) any other federal, state or local statute, law,
ordinance, code, rule, interpretive letter, regulation, order or decree regulating,
relating to or imposing liability or standards of conduct concerning any such
substances or materials or any amendments or successor statutes with respect to
any of the foregoing.
b. During the Term of this Lease, Tenant represents and warrants that no Hazardous
Substances will be stored on the Premises and no Hazardous Substances will be
discharged on the Premises by Tenant. Tenant agrees that such representations and
warranties shall survive any termination of this Lease, and Tenant agrees to
indemnify and hold harmless Landlord from any and all costs, expenses, claims and
damages, including, but not limited to, attorneys' fees and costs of remediation,
arising from Tenant's breach of any of the representations and warranties contained
in this Section.
24. NOTICE: Any notice, tender, demand, delivery, or other communication pursuant to
this Lease shall be in writing and shall be deemed to be properly given if delivered in person or
mailed by first class or certified mail, postage prepaid, to the following persons.
TO TENANT:
RailWorks Track Services, Inc.
Attn: Ernesto Rivera
12740-B Lakeland Road
Santa Fe Springs, CA 90670
TO CITY:
Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
Santa Ana, California 92701
Attention: Executive Director
Agency
AND
City Clerk
City of Santa Ana
20 Civic Center Plaza (M29)
Santa Ana, California 92701
of Public Works
A party may change its address by giving notice in writing to the other party at least 15 days prior
to the effective change. Thereafter, any communication shall be addressed and transmitted to the
new address. if sent by mail, 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, For purposes of calculating these time frames,
weekends, federal, state, County or City holidays shall be excluded.
25. USE: For the purposes of this Lease, Tenant's intended use of the Premises is strictly
for office space. No other use of the Premises shall be permitted without written consent of
Landlord.
26. GENERAL PROVISIONS:
a. This Lease (and the documents referred to herein) constitutes the entire agreement
between the parties pertaining to the lease of Suite 103 contained herein and supersedes any and
all prior and contemporaneous agreements, representations and understandings, oral or otherwise,
between or among the parties with respect to the matters contained herein.
b. This Lease shall be binding upon, and inure to the benefit of, the parties hereto and
their respective heirs, legatees, distributes, legal representatives, successors and assigns.
C. This Lease shall not be modified, amended or supplemented, in whole or part,
without the prior written consent of all parties hereto. Each and every waiver of any covenant,
representation, warranty or any other provision hereof must be in writing and signed by each party
whose interests are adversely affected by such waiver, No waiver granted in any one instance shall
be construed as a continuing waiver applicable in any other instance.
d. If any legal action or other proceeding is brought for the enforcement hereof, or
because of an alleged dispute, breach, default or misrepresentation in connection with any
provisions hereof, the successful or prevailing party or parties shall be entitled to recover attorneys'
fees, court costs and all expenses even if not taxable as court costs (including, without limitation,
all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in
addition to any other relief to which such party or parties may be entitled.
e. The parties hereby agree that each party and its attorneys have reviewed and revised
this Lease and that the normal rule of construction, to the effect that any ambiguities are resolved
against the drafting party, shall not be employed in the interpretation of this Lease and no other
rule of strict construction shall be used against any party. All exhibits and schedules attached or
to be attached hereto, and all other agreements and instruments referred to herein, are hereby
incorporated herein by reference, as fully as if copied herein verbatim,
f This Lease shall be governed by the internal laws of the State of California without
regard to and excluding its principles of conflicts of laws.
g. The parties further agree that upon request, they shall do such further acts and
deeds, and shall execute, acknowledge, deliver and record such other documents and instruments,
as may be reasonably necessary from time to time to evidence, confirm or carry out tine intent and
purposes of this Lease.
h. Unless the context in which used clearly requires another construction, throughout
this Lease, the masculine gender shall be deemed to include the neuter of feminine or both, the
neuter gender shall include the masculine or both, and the singular of terms shall include the plural
and vice versa. The section headings are for convenience only and shall not affect the construction
hereof
i. If any one or more of the provisions hereof shall for any reason be held invalid,
illegal or unenforceable in any respect, such invalidity, illegality or unenforecability shall not
affect the validity or enforceability of any other provision hereof, which shall be construed as if
such invalid, illegal or unenforceable provision had never been contained herein. The parties intend
that if any provision hereof is capable of two constructions, one of which would render the
provision void and the other of which would render the provision valid, then the provision shall
have the meaning which renders it valid.
j. Time is of the essence in the performance of each party's respective obligations.
k. This Lease may be executed simultaneously in one or more counterparts, each of
which shall be deemed an original, but all of which taken together shall constitute one in the same
instrument, and it shall not be necessary that any single counterpart bear the signatures of all
parties.
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1. Unless expressly stated to be exclusive, no remedy conferred herein shall be
deemed to be exclusive of any other remedy conferred herein or any other remedy now or hereafter
available at law or equity. All remedies conferred herein, and all remedies now or hereafter
available at law or equity, shall be deemed to be cumulative and not alternative, and may be
enforced concurrently or successively.
M. All provisions of this Lease shall be construed as covenants and agreements where
used in each separate provision hereof and shall bind and inure to the benefit of the parties hereto,
their respective heirs, legal representatives, successors and assigns.
n. All periods of time shall include Saturdays, Sundays and legal holidays; provided
that, if the last day to perform any act or give notice falls on a Saturday, Sunday or legal holiday,
then such act or notice shall be timely performed if given on the next succeeding business day.
o. Nothing contained in this Lease shall be deemed or construed by the parties hereto
or by any third party to create the relationship of principal and agent or of partnership or of joint
venture or of any association between Landlord and Tenant, and no provision contained in this
Lease nor any acts of the parties hereto shall be deemed to create any relationship between
Landlord and Tenant other than the relationship of landlord and tenant.
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:
CITY OF SANTA ANA
Jermif I1 om Hat
y Cler Interim City Manager
APPROVED AS TO FORM RAILWORKS TRACI{ SERVICES, INC.
Sonia R. Carvalho
City Attorney
By. �� 7� #�� —
Jose M ntoya By: Ernesto Rrvera
Assistant City Attorney Senior Manager
[Signatures continued on the following page]
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RECOMMENDED FOR APPROVAL
Nabil Saba, PE
Executive Director
Public Works Agency
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EXHIBIT A - PREMISES
13
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FIRST FLOOR PLAN
'103
EXHIBIT B
ADDITIONAL LEASE CONDITIONS
SARTC business hours are seven days a week from SAM to midnight and there is on -site
security 24/7. If tenant needs to access tenant space during non -business hours, they will
need to contact the security guard on duty at (714) 912-3494.
Tenant must provide SARTC Property Management Office with a point of contact for
regular business hours and after hours.
Tenant has the ability to terminate this Lease with 30-day advance notice.
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NOTICE OF COMPLIANCE
(11% 5I U I: PRINT 11nti I'WE UDIACHIMAAIII[10l111[ H IZIC 01 lllr:( YH V IL
Contractor RailWorks Track Services, Inc.
Name:
Project A-2022-012
Number:
Project Lease Agreement By And Between The City Of Santa Ana And
Name: Railworks Track Services, Inc. For Use Of The Santa Ana
Regional Transportation Center Facilities
The Certificate of Insurance (COI) submitted indicates that the coverages are in
compliance with the insurance requirements. No further action is required at this time.
The compliant coverage(s) are:
TYPE OF INSURANCE
AUTOMOBILE
LIABILITY
GENERAL LIABILITY
PROPERTY
WORKERS
COMPENSATION AND
EMPLOYERS' LIABILITY
Thank you,
POLICY EXPIRATION COI
NUMBER DATE DATE
AS5621095327043 04/01/2024 09/28/2023
TB5621095327033 04/01/2024 08/25/2023
14627210 04/01/2024 03/31/2023
WA262D095327013 04/01/2024 03/15/2023
City of Santa Ana
Risk Management Division
in partnership with
CTrax Plus Services Team
11/2/2023 12:52 PM
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City-of-Santa-
Ana_Rail W orks-
Track_23-24-
Property_3-31-
2023_2066853579_l.pdf
Santa Ana COI exp
2024.pdf