HomeMy WebLinkAbout1992-06-09; City Council; Resolution 92-162/I 0 0
ll RESOLUTION NO. 9 2 - 162
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CXRLSBAD, CALIFORNIA APPROVING A NEW LEASE WITH
CARLSBAD EQUITY PROPERTIES FOR SUITE B AND C LOCATED AT
2965 ROOSEVELT STREET, CARLSBAD, CALIFORNIA 1
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6 provide office space for the Housing and Redevelopment Department;
WHEREAS, the City of Carlsbad, California has determined the need to
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WHEREAS, after negotiating with the property manager and securing a new
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
8 lease, a reduction in the rental rate and a tenant improvement allowance;
10 Carlsbad, California as follows:
1. That the above recitations are true and correct.
11 I1 2. That the new lease agreement between the City of Carlsbad and
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Carlsbad Equity Properties, attached hereto as Exhibit A is hereby
approved.
I 14 3. That the Mayor is hereby authorized to sign the lease agreement on
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16 PASSED, APPROVED AND ADOPTED at a regular meeting of the City
17 // Council of the City of Carlsbad, California, held on the 9th day of
June , 1992, and by the following vote, to wit:
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AYES: Council Members Kulchin, Larson, Stanton and Nygaard
NOES: None
2o I ABSENT: Council Member Lewis
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23 ATTEST:
'* CLAUDE A. LEVfIS; Mayor ANN J. KULCHIN, Mayor Pro-Tem
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ALETHA L. RATh'E
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9 f CO'MMERCIAL LEASE 4 h 1 PARTIES (General Form)
w by and between Q ' Carlsbad Equity Properties, A General Partnership \ p City of Carlsbad California (herematter reterred to as "Lanalora") ana + 3 This Lease IS maae and enlered Into )ftxX Effect1 ve June 1 , 1992 &XX
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2 PREMISES. (herematter relerred to as "Tenant")
Landlord hereby leases to Tenant 2nd Tenant hereby leases from Landlord. on lhe terms and condltlons heremalter set lonh, that certain
real property and the bulldlng ana other Improvements located thereon situated In the Clty of Car 1 s bad
County of Sari Diego . State of California , commonly known as
anddescrlbedas approximately 3200 square'"'ree2 OF improved office space referred to as
2965 Roosevelt Street
me mate I
Suite B and Suite C mete men wpa ocscrmwnl
(sald real property IS heremafter called the "Premises"). 3. TERM. The term of this Lease shall be for thirty-six ( 36 ) months , commencmg on June i . 1997
Mav ?I, 1QW ~m(mmswcars1 and ending on
4. RENT.
~j~r~~L#I~I~~~~D~~X~~~~~~~~~~~~the sum of three-thousand t two-hundred
. unless sooner lermmaled as hereinalter provided
Tenant shall pay Io Landlord as rent for the Premlses the following sums per month. In advance on the first day ot each month during the term 01 thlS Lease
ie p 5tnl
IS 3.200 .oo ) aollars per month.
) aollars Der month
Lease the sum ot
wlthout notce or demand and wtthoul any aeducllon. off-set. or abatement in lawful money ot me Unlted Slates to the Landlord at the adaress slated nerem !or notlces or to such other persons or such other place; ds the Landlord may designate to Tenant In wrltlng
(S ) dollars as a security Oeposlt for the Tenant's falthlul performance or other charges due hereunder. or otherwlse defaults wlth reSDeCt to any provision o or any poRion ot 11. to
cure the default or compensate Landlord for all damages sustain ant Shall Immediately on demand Day io ch was provlded for In th~s paragraph so as to matntam rne
6. USE. -
Tenant shall use the Prorum only for General off-
and for no other purpose without the Landlord's prlor written consent. Tenant shall not do. brlng or keep anylhmg In or about the Premtses that wtll cause a cancellation of any Insurance covercng the Premises or the bulldlng In whch
the Premises are located. If the rate of any Insurance carrled by the Landlord IS Increased as a result of 1cnant.s use. Tenant shall pay to Landlord wlthln ten (101 days
after wrltten demand from Landlord. the amunl of any such incredse Tenant shall comply with all laws concernmg the Premlses or Tenant's use of the Premlses. includlng without limitation. the obligation at Tenant's cost to alter. malntaln. or reslore the Premlses In comphance and contormlty w~th all laws relatmg to the Conditic n. use. or occupancy 01 the Premlses by Tenant durlng the term of this Lease. Tenant shall not use or perm11 the use of the Premlses In any manner that wtll tenB to Create waste or a nuisance M. if there shall be more than one tenant of the bullding contamtng the Premtses. whlcn shall unreasonably dtslurb any other tenant. Tenant hereby accepts the Premises In thetr conditron exlsttng as of the date that Tenant possesses the Premises. subpct to all aopllcable zoning. municlpal. county and state laws. ordinances. regulatlons governmg or regulating the use ot the Premises and accwts this Lease sublect thereto and to all matters dlsclosed
thereby. Tenant hereby acknowledges that neither the Landlord nor the Landlord's agent has made any representatton or warranty to Tenant as to the Suitability of the Premises tor the conduct of Tenant's busmess.
7. TAXES.
(a) Real Property Taxes. , Landlord shall pay all real property taxes and eneral assessments levled and assessed agalnst the Premises during the term of this Lease
(b) Personal Property Taxes.
Tenant contalned in the Premises. Tenant shall endeavor 10 cause such trade fixtures. furnishings and equlpment and all other personal property to be assessed Tenant Shall pay prlor to the delinquency all taxes assessed agamst and levied upon the trade lixtures. furnlshlngs. equipment and other personal property Of
and billed separately from the property ot the Landlord. It any of Tenant's sad personal property shall be assessed wlth Landlord's prooeny. Tenant Shall pay to Landlord the taxes attributable IO Tenant within ten (IO) days aner receipt of a wrlnen statement from Landlord senlng forth the taxes apphcaole 10 Tenant's property
Tenant Shall mdkC all arrangements and pay ior alllWPPm heat. light. power. telephone and Other utility services supplied to ihe Premises together wllh
any taxes thereon and !or all connection charges. #~~)~PEIIIB(RC~X~KREA~~#~~O~~~~~(~K~~.RPD(PB~[~~~BRRIRAR~~~Q;O~
8. UTILITIES.
~ragaaqrKsomaa~~g~~~lY1P~~~~iKelLx 9. MAINTENANCE AND REPAIRS.
(a) Landlord's Obligations.
nvitees. Landlord at Its sole cost ana expense shall keep In good condition and repair the foundations. exterior walls. and exterior roof of the Premises. Landlord snall E*CePt as prwlded In Article 12, and except tor damaged caused by any negligent or Intentional act or omlssion of Tenant. Tenant's agents, employees. 01
also mdlntaln tk unexposed electrical. plumbing and sewage systems Including. without hmltatlon. those ctortlons ot the systems lylng wtslde the Premises; wlndou frames. Qutters and down SPoutS on the butldlng, all Sidewalks. landscaping and other improvements that are a part of the Premises or of which the Premlses are a part. The Landlord shall also mainlam the heatlng, ventilatmg and a~r-cond~tion~ng systems Servicing the hemlses. Landlord shall resurface and restripe the Parking
arm on or adjacent to the Remcses when necessary. Landlord shall have th~rty (30) days aner notice from Tenant to commence to Perform Its oollgatlons under IhIS Amle 9. except that landlord shall pertorm its obllgatlons mnedlately It the nature ot the problem presents a hazard or emrgency sltuatlon. I! the Landlord does no' perform Its obhgatlons wlthin the time hmlt set tom In thlS paragraph, Tenant an perform s?d obligatlons and shall have the rlght to be reimbursed for the amOynt '
Tenant actually expends In the Performance 01 Landlord's O~ligatlOnS. If Landlord does not reimburse Tenant wlthln lhlrty (30) days ailsf demand from ?en.lnf's sole remedv shall be 10 Ins'liufp cult aaalns: tne Landlord 2nd Tenan! shall not have the rlah' ro wlfhhold from future rent 'he sums Tenan1 hr-
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20 HOLDING OVER. II the Tenant. wlth the Landlord's consent. remalns In possession 01 the Premises alter the expcratlon or termmallon 01 the term 01 this Lease. such gossesslon by Tenant shall be deemed to be a tenancy trm mnlh-to-mnlh at a rental In the amount of the last monthly rental plus all other charges payable hereundw. ugon all the provlslons of th~s Lease applicaw 10 mth-to-mth tenancy.
The terms. conditions and covenants 01 Ihls Lease shall be olndlng upon and shall Inure to the benefit of each 01 the partles hereto. thetr helrs. personal 21. BINDING ON SUCCESSORS AND ASSIGNS.
representatives. successors and assigns. 22. NOTICES. Whenever under thls Lease a proviston IS made for any demand. nollce or declaration 01 any kind. 11 shall be In wrlling ana served either personally or sent by
T~ LANOLORDAT. 2965 Roosevelt Street
reglstered or cenlfled Unlted States mall. postage prepald. addressed at the aadresses as set lorth below:
TO TENANT AT. i200 Carlsbad Village Erive
Carlsba CA 93008
23 LANDLORD'S RIGHT TO INSPECTIONS Such ~C~ICE shal! be dcemed !o be recelv5d vilhln lorty-elght (48) hours from the tlme 01 malllng. 11 mailed as provided 101 In thts paragraph.
Landlord and Landlord's agent Shall have the rlght to enter the Remises at reasonable times for the purpose of inspecting same. showlng the Same to prospective
purchasers or lenders. and makmg such alteratlons. repalrs. improvements or addmons to the Premises or to the building 01 whlch the Premcses are a part as Landlord may deem necessary of dewable. Landlord may at any time place on or abOut the RerncKs any ord~nary "For Sale" sqns and landlwd may a! any t~me during the last one hundred twenty (120) days 01 the term 01 th~s Lease place an or amt the Rem~ses any ordinav "For Sale or Lease" slgns. all wlthout rebate of rent or liability to Tenant. 24. CHOICE OF LAW This Lease shall be governed by Ihe laws 01 the state where the Premises are located.
If erther Landlord or Tenant becomes a party 10 any litigation or arbitration concernlnq this Lease. the Prmtses. or the buildrng or other lmprovemenls in which the Premises are located. by reason of any act or Omlsslon of the other party or 11s authonzed representatlves. and not by reason 01 any act or omlsslon of the pa* that becomes a Party to that litlgatlon or any act or OmlSSIon of 11s authorized representatlves. the wrty that causes the other party to become Involved in the litigation shall be hable to that party lor reasonable attorney's fees and COUR costs Incurred by it In the litlgatlon. If elther party commences an action agamst the other party arlsmg out of or In connection wlth this Lease. the prevailing party shall be entllled to have and recover
lrom the lostng party reasonable attorney's fees and costs of su~t.
- 25. ATTORNEY'S FEES.
26. CANOLORD'S LIABILITY.
the Premlses. and In the event 01 any transfer of such title or Interest. Landlord herem named (and In case of any subsequent transfers to the then successor) shall be The term "Landlord" as used in lh~s Lease shall mean only tne owner or Owners at the tlme a question of Ihe lee title or a Lessee's interest in a ground lease of
relieved lrom and alter the date 01 such transter 01 all IIabMy In respect to Landlord's oollgatlons thereailer to Oe pedorrned. The obligations contamed in thls Lease to oe pertorpea by Landlord shall be blndmg up08 the Landlord's Successors and asslgns. only durlng lhelr respective perlods of ownership.
NO walver by Landlor0 01 any provlslon nerwt snail be deemed a walver 01 any other prowston hereot or 01 any subsequent breach by Tenant of the same or any
other Drovlslon Landlord's consent to or actoroval 01 any act shall not be deemed IO render unnecessary the obtalnlng 01 Landlord's consent to or approval of any suossquent act oy Tenant The acceptance 01 rent hereunder by Landlord 5hall not be a walver of any precedmg breach by Tenant 01 any provlslon hereal. other than
the fatlure of Tenanf 10 pay the Danlcular renl so accepted. regardless 01 Landlord's knowledge ot such preced~ng breach at the tlme 01 11s acceptance of such ren1.
Thls Lease conlatns all agreements ot the pantes w~th respect to any matter mentioned hereln. No prlor agreement or understanding pertalnlng to any such maner
27. WAIVERS.
28 INCORWRATION OF PRIOR AGREEMENTS.
Snail be effectwe Thls Lease may be modrlled only In wrltlng. and slgned by the panla In Interest at the tlme of such modllcatlon. 29. TIME
30 SEVERABILITY.
31. ESTOPPEL CERTIFICATES.
Tlrne IS of the essence 01 tnts Lease
The unentorceaolllty. Invarldlty. or dlegallty of any provlslon 01 this Lease shall not render the other provlstons hereot unenforceable. Invalid or illegal.
Each party. wltnln len (1 0) days alter nollce trm the other party. shall execute and dellver to the other party a certlllcate statlng that th~s Lease IS unmoalfied and In full lorce and effect. or rn full lorce and ettecr as mg6lfrea. and stattng Ihe rncUlficatlon The cenlflcdte shall also state the amount 01 mlnlmum monthly rent. the dates
10 whlch renl has been paid In advance. ana the amount 01 any securlfy decosll or preoald rent. 11 any. as well as acknowledglng that there are not. to that party's knowleage. any uncured detaulls on the art 01 the other party. or speatylng such aefaults. 11 any. whlcn are clalrned. Fallure to dellver such a cenllicare wlthln the ten (10) day perlod shall be conctusve ugon tne party falling to derlver the cenltlcate to the benetit 01 the pany reauestlng the certlticate that th~s Lease IS in lull lorce and effect. that there are no uncurh6Qlaults hereunder. and has not wen mc6ltied except as may be represented by the pav requesting the certlticate. 32. COVENANTS AND CONOtTIONS.
33. SINGULAR AN0 PLURAL.
34 JOINT AND SEVERAL 08LlGATlONS
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Each provlslon of thls Lease performable oy Tenant shall be deemed bOth a covenant and a condlllon
When requlred by the context 01 this Lease. the slngular shall lncluoe the plural.
"Party' ' shall mean Candlord and Tenant. and 11 more than one perm or entity ts Ihe Landlord or Tenant. Iheobligatms rmposed on that party sbll kpnt and several.
36. ADDENDUM. Any addendum attached hereto and ellher s~gned or lnltialled by the parties shall be deemed a part hereof and shalt supersede any conflicting terms of provisions
contained in thus Lease:
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i : The partles ngrgrbidve executed thls Leas onbe dajp,l~rst a@e. wrlnen.
i I I 1 LANOLORD, ;'lf/: j/ ,' ./L/(J TENANT- THE CITY OF CARLSBAD
BY 1 // r- i..<c .-# , ~ ; BY .
d, I-).<< BY BY .L &7<,7-id\ -~d".,&< '.
Thomas M. Perlowski, Partner ANN J. RULCHH6, Mayor Pro-Tern
B 5 5 5 ? t # I e Dated: ~Q?h
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ADDENDUM
Addendum to lease dated June 1, 1992 between CARLSBAD EQUITY PROPERTIES, A
General Partnership, Lessor (Landlord), and the CITY OF CARLSBAD CALIFORNIA, Lessee
(Tenant).
37. TENANT IMPROVEMENTS:
a) Tenant is authorized to re-open a previously existing opening at the east end of
the north interior wall for the purpose of access between Suites B and C. Said
opening to be approximately 6 feet to 7 feet wide. Tenant is also authorized to
re-open the previous opening at the west end of the north interior wall.
b) Landlord agrees to provide the sum certain of $4500.00 to reimburse tenant for
the cost of new carpets and other improvements to be approved by landlord.
38. EARLY POSSESSION:
a) Tenant is currently occupying a portion of the premises which are the subject of
this lease. Said occupancy shall continue at the existing rental rate until the
effective date of this lease. As of the effective date of this lease, the prior lease
covering the currently occupied premises shall be terminated.
39. COST OF LIVING ADJUSTMENT.
The amount of the Base Rent (and the corresponding Monthly Installments of Base Rent) payable
hereunder shall be adjusted annually, commencing with the date twelve (12) months after the
Commencement Date (the "Adjusted Date"). Such adjustments shall be for the purpose of
reflecting the increase, if any, in the cost of living. Adjustments, if any, shall be calculated
based upon the United States Department of Labor, Bureau of Labor Statistics Consumer Price
Index for all Urban Consumers, L.A. - Long Beach Average, Subgroup, "All Items"
(1 967 = 100) (the "Index"). The Index published as of the third month prior to the
Commencement date shall be considered the "Base". In the event the Index is not published in
the third month prior to the commencement date then the second month prior to the
commencement date shall be the "Base". On each Adjustment Date, the Base Rent shall be
increased by a percentage equal to the percentage increase, if any, in the Index over the Base as
of the third month (or second month if applicable) prior to each Adjustment Date ("Adjusted Base
Rent"). Notwithstanding any subsequent decrease in the Index, the Adjusted Base Rent shall not
be less than that rent paid after any preceding adjustment. When the Adjusted Base Rent payable
as of each Adjustment Date is determined, Lessor shall give Lessee written notice of such
adjusted Base Rent and the manner in which it is computed.
If at any Adjustment Date 1 ne Index no longer exists in the form W sec forth above, Landlord may
substitute any substantially equivalent official index published by the Bureau of Labor Statistics
or its successor. Landlord shall use any appropriate conversion factors to accomplish such
substitution. The substitute index shall then become the "Index" hereunder. In no event shall
said increase be less then 4% per year or exceed 7% per year non-cumulative.
40. OPTION TO EXTEND:
If Tenant is not in default under the terms of this lease, Tenant shall have the option to extend
the term of this lease for three successive one year periods upon all the terms and conditions set
forth in this lease; except that, the monthly rent to be paid by Tenant to Landlord for each
extended term shall be computed by adding to the minimum monthly rental for the immediately
preceding period a sum obtained by multiplying said minimum monthly rental by a factor equal
to a percentage increase in the Consumer Price Index, (published by the United States
Department of Labor, Bureau of Statistics, Consumer Price Index for all Urban Consumers, L.A.
- Long Beach Average, Subgroup "All Items" (1967= loo)), equal to the percentage difference
between the Index as last published prior to the commencement of the preceding term of this
lease, and the Index last published immediately preceding the commencement of each successive
term.
Tenant shall exercise this option by delivery of written notice to Landlord not less than 90 days
prior 'to expiration of the preceding term of this lease of its election to extend the term hereof.
In no event shall the monthly rental for any additional period be below the monthly rental for
the preceding term of this rental.
I[n the event that the Consumer Price Index is no longer published at the time of the adjustment
period Landlord may substitute any substantially equivalent official index published by the Bureau
of Lalbor Statistics or its successor. Landlord shall use any appropriate conversion factor to
accomplish said substitution. The substitute index shall then become the "Index" hereunder.
ILandl~ord: Tenant:
CARLSBAD EQUITY PROPEEIES CITY OF CARLSBAD CALIFORNIA
A GE, RAL PAKI'NERSHIP ,t yj/ G:dhL*+/q $>& c /&QF/Q&
Thomas M. Perlows ', Partner ' Claude A. L s, Mayor ANN J. KULCH N, Mayor Pro-Tern
:/ k-7 h 2." I Attest: Lz.d!zLxa&
:Dad ALETHA L. RAUTENKRANZ, City Clerk 2
Dated: ~IrofsL