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Home My WebLink About2005-03-15; City Council; Resolution 2005-0661 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 25 28 RESOLUTION NO. 2005-066 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAFUSBAD, CALIFORNIA, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL AGREEMENTS ASSOCIATED WITH THE SECOND AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE CITY OF CARSLBAD AND MONTESSORI ARTS AND SCIENCES INC. FOR 3368 EUREKA PLACE WHEREAS, the City Council of the City of Carlsbad has determined that it is in the best interest of the City to approve a Second Amendment to the Lease that extends the tenancy of Montessori Arts & Sciences Inc. through June 30,2005; and WHEREAS, Montessori Arts and Sciences Inc. has agreed that execution of the respective agreements will satisfy any and all of the City’s current or future obligations for assistance with relocation from 3368 Eureka Place. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California as follows: 1. That the above recitations are true and correct. 2. That the attached First Amendment to the lease agreement, Exhibit 2, between the City of Carlsbad and Montessori Arts & Sciences Inc. is approved. 3. That the City Manager is authorized to execute all documents related to the First Amendment to the lease agreement between the City of Carlsbad and Montessori Arts and Sciences Inc. Ill Ill Ill Ill Ill Ill 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council on the 15 th dayof MARCH 2005, by the following vote to wit: AYES: Council Members Lewis, Hall, Kulchin, Packard, NOES: None ABSENT: None Mayor ATTEST: (SEAL) -2- 3 SECOND AMENDMENT TO LEASE BETWEEN THE CITY OF CARLSBAD AND MONTESSORI ARTS AND SCIENCES FOR PROPERTY LOCATED AT 3368 EUREKA PLACE CARLSBAD, CALIFORNIA 92008 EXHIBIT 2 9 SECOND AMENDMENT TO LEASE: EXTENSION OF TERM 1 . Consideration; Agreement To Amend. For valuable consideration, the receipt and sufficiency of which are acknowledged, Landlord and Tenant amend the Lease in the following respects: 2. Meaninq of Terms; Effective Date. Except as otherwise stated in this Second Amendment to Lease: Extension of Term (“Second Amendment”), (a) all initially capitalized terms in this amendment will have the respective defined meanings stated in the Lease, and (b) the terms and provisions of this amendment will be considered to be effective as of the date of this amendment. 3. Revised Lease Expiration Date; Extended Term. The First Amendment Lease Term is currently scheduled to expire on March 31,2005 (Lease Expiration Date). As of the date of this Second Amendment, the Lease Term is extended to June 30, 2005 (Revised Lease Expiration Date) and, unless terminated earlier under the terms of the Lease, will expire on the Revised Lease Expiration Date. The period of time beginning on the day following the Lease Expiration Date and continuing through the Revised Lease Expiration Date is the “Extended Term.” 4. Base Rent. Throughout the Extended Term, Tenant will pay an amount equal to $1350.00 per month as Base Rent due under the Lease. 5. Tenant’s Acceptance of Premises “As Is.” Landlord and Tenant acknowledge that Tenant has been occupying the Premises under the Lease since July 1, 2004. Tenant continues to accept the Premises in their current “as is” condition. 6. Brokers. Landlord and Tenant each represents to the other that it has had no dealings with any real estate broker, agent, or finder in connection with the negotiation of this Second Amendment, and that they know of no other real estate broker, agent, or finder who is entitled to a commission or finder’s fee in connection with this Second Amendment. Each party shall indemnify, protect, defend, and hold harmless the other party against all claims, demands, losses, liabilities, lawsuits, judgments, and costs and expenses (including reasonable attorney fees) for any leasing commission, finder’s fee, or equivalent compensation alleged to be owing on account of the indemnifying party’s dealings with any real estate broker, agent, or finder other than the Brokers. The terms of this section 8 will survive the expiration or earlier termination of the Extended Term. Second Amendment 2 3368 Eureka Place Montessori Arts & Sciences City of Carlsbad 2-28-05 7. Waiver of Relocation Benefits. Lessee understands this Second Amendment is entered into for a specified period of time in order to provide interim use of the property. Lessee therefore agrees to waive any and all relocation benefits defined in the California Relocation Assistance Law (Government Code, Section 7260, et, seq.) after having the opportunity to consult with legal counsel about potential entitlements. 8. Effectiveness of Lease. Except as explicitly modified by this Second Amendment, all of the terms and provisions of the Lease are and remain in full force and effect. LESSOR AND LESSEE HAVE CAREFULLY READ AND REVIEWED THIS SECOND AMENDMENT TO LEASE AND EACH TERM AND PROVISION CONTAINED HEREIN, AND BY THE EXECUTION OF THIS SECOND AMENDMENT TO LEASE SHOW THEIR INFORMED AND VOLUNTARY CONSENT THERETO. THE PARTIES HEREBY AGREE THAT, AT THE TIME THIS SECOND AMENDMENT TO LEASE IS EXECUTED, THE TERMS OF THIS SECOND AMENDMENT TO LEASE ARE COMMERCIALLY REASONABLE AND EFFECTUATE THE INTENT AND PURPOSE OF LESSOR AND LESSEE WITH RESPECT TO THE PREMISES. The parties hereto have executed this Second Amendment to Lease at the place and on the dates specified above their respective signatures. Executed at: Carlsbad, California MAR 1 8 2005 Raymond R. Patchett, City Manager Title: Address: 1200 Carlsbad Village Drive City Manager, City of Carlsbad By: Carlsbad. CA 92008 Name Printed: Telephone: J760 ) 434-2821 Title: Facsimile: J760) 720-9461 Address: Second Amendment 3 3368 Eureka Place Montessori Arts & Sciences City of Carlsbad 2-28-05 6 Appmd as to form: RONALD R. BALL r/a~. CITY ATTORNEY Second Amendment 3368 Eureka Place Montessori Arts & Sciences City of Carlsbad 2-28-05 4 STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ony’hetcl 3 ,300s before me, dd’m. d OhyL/ , personally appeared Iamn Get fist Tu tar, * I , personally known to me (or proved to me on the bais of satisr‘actory evidence) to be the person(&) whose name@- is/- subscribed to the within instrument and acknowledged to me that ke/she/tbey executed the same in Mhedtbek authorized capacity(&), and that by Mher/tkeir signaturewon the instrument the person@, or the entity upon behalf of which the person@) acted, executed the instrument. WITNESS my hand and official seal. Signature Second Amendment 3368 Eureka Place Montessori Arts & Sciences City of Carlsbad 2-28-05 5