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Home My WebLink AboutCUP 154C; Pacific Bell Expansion; Conditional Use Permit (CUP) (24)FEE-06-1996 10:20 FPClM A- TU ", .. .-- I 2378541 P . 8€32 j PAWICEBELL A Pacific Telesis Company RE: Lease with Pacific Bell 2175 Camina Vida Roble Carlsbad, CA Dear Mr. Heinen: Pacific 3all is planning a major building addition to our central office at 2175 Camino Vida Roble in CarLsbad. The addition will be to the rear of our existing building. As part of the job we will require access to the parking lot you currently have under lease with us in order to park our company trucks after the addition. In accordance with our lcase we are required to give you a twelve month notice to terminate. We will, however, require acce.as to the lot in approximately six months from now. Please give me a call so that we can discuss the lease termination and the timing you require to vacate the site. Sincerely, Real Estate Manager - FER-06-1996 I0:21 FROM - TO ~ - 2370541 P. 003 PACIFIC BELL, a California Corporation, hereinafter called ffLandlordft, and Varley Enterprises, hereinafter called lfTenantff, mutually agree as follows: 1, LEASED PREMISES Landlord hereby leases to Tenant and Tenant hereby hires from Landlord those certain premises (the "Leased Premisesf@ herein) located in the City of Carlsbad, County of San Diego, State of California, described as f ollaws : Approximately 70 parking spaces located at that certain building known as 2175 Camina Vida Roble, Carlsbad, California, as described in Exhibit '@Att attached hereto. 2. TERM - The term of this lease is five years with four five year options which the Tenant may exercise 90 days prior to the expiration of the then current term. The lease shall commence on the date the improvements are completed in the manner specified an Exhibit WVt hereof, as evidenced by written notice from Tenant to Landlord, and possession of the premises so altered is delivered to Tenant from Landlord, or on January 1, 1993 whichever OCCU;CS sooner. 3. RENT (a) Tenant shall pay rent for the Leased Premises at the rental rate of five hundred and OO/ZOO Dollars per month; such rent to be paid monthly in advance. (b) Such rent shall be paid as and when due to Pacific Bell, 3848 Seventh Avenue, Room 120, San Diego , California 92103, or to such other payee or at such other address as Landlord hereafter may designate by written notice to Tenant. (c) On the first anniversary of the commencement date of the term hereof and annually thereafter, the rent payable by Tenant under paragraph 3(a) hereof shall be increased by (5) percent. 4. USE OF PREMISES - - -. Tenant shall use the Leased Premises far parking vehicles and other uses provided for under current zoning. FEE-06-1996 161:21 FROM Y A *$. TO -. 2370541 P .084 5. REPAIRS AND MAINTENANCE (a) Tenant shall keep the Leased Premises in good, safe and sanitary condition and repair as may be necessary to keep them in reasonably good appearance and condition. (b) Tenant shall repair any damage to the Leased Premises caused by Tenant, except (i) damage due to ordinary wear and tear, and (ii) damage that is covered by a California standard form of fire insurance policy with extended coverage endorsement, "that Tenant has procured and is in effect for the premises." Tenant may install fencing and/or additional security items as necessary upon approval of Landlord. said approval. may not be unreasonably withheld. 6. LIABILITY 9 DAMAGES With the exception that the following provisions of this paragraph 6 shall in no event be construed to require indemnification by either the Tenant or Landlord in excess of that permitted under the public policy of the State of California. (a) Tenant shall indemnify and hold harmless Landlord from any liability for injury to or death of any person, property, including any property of Tenant or Landlord, occurring on the Leased Premises, except such injury, death or damage a6 is caused by or arises out of the negligence or will€ul misconduct of Landlord, Tenant from any liability for injury to or death af any perfion, including any employes of Tenant, or damage to any property including any property of Tenant, occurring on the Leased Premises, except such injury, death or willful misconduct of Tenant. (b) Landlord shall. indemnify and hold harmless 7. NOTICES DEMANDS All notices or demands herein provided to be given or made, or which may be given or made by either party to the other, shall be deemed to have been duly given and made when made in writing and deposited in the united States mail, postage prepaid and addresses as follows: To Landlord: Pacific Bell 3848 Seventh Avenue Room 120 San Diego, CA 92102 To Tenant: Varley Enterprises P.Q. Box 2319 Vista, CA 92085-2319 4- - Tn 2370541 P .005 c- t\ e 8. RIGHT TO TERMINATE - If at any time during the term of this Lease Lessor requires the premises to meet the public needs for expanded telecommunications service, Lessor shall have the right to terminate the lease with twelve (12) months written notice to Lessee. PACIFIC BELL VARLEY ENTERPRISES By: