HomeMy WebLinkAboutAviara Residence Club Owners Association - Lease; 2014-08-12;RECORDING REQUESTED BY:
Carlsbad City Clerk's Office
WHEN RECORDED MAIL TO:
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
DOCtt 2014-0410725
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SEP 23, 2014 10:24 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernesl J. Dmnenbuig, Jr., COUNTY RECORDER
FEES: GO.OO
OC: NA
PAGES: 16
SPACE ABOVE THIS LINE FOR RECORDER'S USE
City of Carlsbad
LEASE AGREEMENT BETWEEN
THE CITY OF CARLSBAD
AND
AVIARA RESIDENCE CLUB OWNERS' ASSOCIATION
For property located at:
2065 Camino Vida Roble
Carlsbad, CA 92008
LEASE AGREEMENT
THIS LEASE AGREEMENT (the "Lease"), made and entered into this 12th day of
August 2014, by and between the City of Carlsbad, hereinafter called "Lessor", and
Aviara Residence Club Owners' Association "Lessee", without reference to number or
gender, for a portion of the property located at 2065 Camino Vida Roble, Carlsbad,
Califomia, 92008.
WITNESETH:
WHEREAS, the City of Carlsbad is the owner of the real property located at 2065
Camino Vida Roble, Carlsbad, Califomia, 92008 (the "Real Property"); and
WHEREAS, Lessee desires use of a portion of such Real Property, specifically excluding
the building located thereon, which portion to be used by Lessee ("Leased Premises")
totals approximately 62,500 square feet, and is shown in Exhibit A; and
WHEREAS, Lessor and Lessee desire to enter into a new lease for the Leased Premises
for a one (1) year term;
NOW, THEREFORE, it is understood and agreed by and between the parties hereto as
follows, to wit:
Lessor shall lease said Leased Premises to Lessee for the term of this lease and upon the
conditions as follows:
1. TERM: The term ofthe lease shall be for a period of one (1) year commencing
on August 18, 2014 (the "Commencement Date"), and ending on August 17, 2015, unless
earlier terminated as herein provided.
2. RENT:
(a) As and for the rent, Lessee agrees to pay to Lessor the sum of Three Thousand
Five Hundred Dollars ($3,500) per month for the first year. On or before the
Commencement Date, the first payment of $3,500 per month will be paid and all
subsequent payments shall be payable in advance on or before the monthly
anniversary ofthe Commencement Date during the term of this Agreement.
(b) Rent shall be delivered to the Finance Department of the City ofCarlsbad at 1635
Faraday Avenue, Carlsbad, Califomia, 92008. The designated place of payment
and filing may be changed at any tune by Lessor upon ten (10) days written notice
to Lessee. Lessee assumes all risk of loss if payments are made by mail.
(c) In the event Lessee is delinquent in remitting the rent due in accordance with the
rent provisions ofthis lease, then the rent not paid when due shall bear interest at
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the rate of Ten Per Cent (10%) per annum from the date due until paid. Provided,
however, that the City Manager of the City of Carlsbad shall have the nght to
waive for good cause any interest payment upon written application of Lessee for
any such delinquency period.
(d) Lessee agrees to pay a Security Deposit in the amount of one month's rent, to be
paid upon execution ofthis Lease. Lessee shall submit the Security Deposit in the
form of a bank or cashier's check simultaneously with the signed Lease. Security
Deposit shall be held in an interest bearing account in which upon expiration of
this lease, Lessee shall retain all interest accmed over said lease term. Lessor shall
not be required to keep the Security Deposit separate from its general accounts. If
Lessee fails to pay Rent, or otherwise defauUs under this lease, Lessor may use,
apply or retain all or any portion of said Security Deposit for the payment of any
amount due Lessor or to reimburse or compensate Lessor for any liability
expense, loss or damage which Lessor may suffer or incur by reason thereof It
Lessor uses or applies all or any portion of said Security Deposit, Lessee shall
within ten (10) days after written request therefore deposit monies with Lessor
sufficient to restore said Security Deposit to the fiill amount required by this
Lease.
3. USE:
(a) Lessee agrees that the Leased Premises shall be used only and exclusively for the
parking of cars, pickups and vans used by its agents, employees, consultants,
affiliates, guests and invitees ("Parking Lot"), and for no other purposes
whatsoever without the written consent of Lessor.
(b) Lessee shall be prohibited fi-om the sale or consumption of alcohol on the leases
premises.
(c) Lessee shall be responsible for obtaining a Conditional Use Permit for the use of
the Leased Premises and a Parking Lot from the City of Carlsbad pnor to
occupation of the Leased Premises.
4. EARLY TERMINATION: Lessee shall have a right to terminate the Lease by
first giving thirty (30) days written notice to the Lessor.
5 SURRENDER/RESTORATION: Lessee shall sunender the premises by the
expiration date or any earlier tennination date, with all of the improvements, parts and
surfaces thereof broom clean and free of debris, and in good operating order, condition
and state of repair, ordinary wear and tear excepted. "Ordinary wear and te^ shall not
include any damage or deterioration that would have been prevented by good
maintenance practice. Lessee shall repair any damage occasioned by tiie use of the
Parking Lot, and the removal, replacement or remediation of any soil or groundwater
contantinated witii hazardous substance (as defined in Paragraph 20 hereof) by Lessee
The failure by Lessee to timely vacate tiie premises pursuant to this Paragraph 5 without
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tiie express written consent of Lessor shall constitute a holdover under tiie provisions of
Paragraph 29 below.
6. REPRESENTATIONS & INDEMNITIES OF BROKER RELATIONSHIPS:
Lessee and Lessor each represent and wanant to the otiier tiiat it has had no dealings witii
any person, firai, broker or finder in connection with tiiis Lease, and tiiat no person, finn,
broker or finder is entitied to any commission or finder's fee in connection herewitia.
Lessee and Lessor do each hereby agree to indemnify, protect, defend and hold the otiier
hannless fiom and against liability for compensation or charges which may be claimed
by any such unnamed broker, finder or otiier similar party by reason of any dealmgs or
actions of the Lessee and/or Lessor, including any costs, expenses, or attomey's fees
reasonably incuned with respect thereto.
7 WAIVER OF RELOCATION BENEFITS: Lessee understands tiiis lease
agreement is entered into for a specified period of time. Lessee tiierefore agrees to waive
any and all relocation benefits defined in the Califomia Relocation Assistance Law
(Govemment Code, Section 7260, et. seq.).
8 LIENS- Lessee agrees that it will at all times hold Lessor free and harmless and
indemnify it against all claims for labor or materials in connection with improvements,
repairs or alterations on the Leased Premises, including the costs of defending against
such claims, and reasonable attomey's fees incuned therein. In the event tiiat any lien or
levy ofany natiire whatsoever is filed against the lease premises or tiie leasehold interests
of tiie Lessee tiiere, tiie Lessee shall, upon written request of Lessor, deposit witii Lessor
a bond conditioned for the payment in fiill of all claims upon which said hen or levy has
been filed Such bond shall be acknowledged by Lessee as principal and by a coiporation,
licensed by tiie Insurance Commissioner of tiie State of Califomia to transact tiie busmess
of a fidelity and surety insurance company, as surety. Lessor shall have tiie nght to
declare this lease in default in tiie event tiie bond required by this paragraph has not been
deposited with tiie Lessor witiiin ten (10) days after written request has been dehvered to
Lessee.
9. LEASE ENCUMBRANCE: Lessee understands and agrees that it cannot
encumber tiie lease, leasehold estate and tiie improvements tiiereon by a deed of trust,
mortgage or otiier security instmment. If any deed of trust, mortgage or otiier security
instmment that encumbers the lease, leasehold estate and the improvements tiiereon is
entered into by Lessee, Lessor shall have tiie right to declare this lease in default.
10 ASSIGNMENT-SUBLEASE: Lessee shall not assign or ttansfer the whole or
any part of this lease or any interest therein, nor sublease the whole or any part of the
Leased Premises, nor conttact for the management or operation of the whole or any part
of tiie Leased Premises, nor permit tiie occupancy of any part thereof by any otiier person
or business entity, nor pennit ttansfer ofthe lease by merger, consolidatton or dissolution,
without obtaining prior written consent of Lessor, in each instance.
-4-
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11 DEFAULT- It is muttially understood and agreed that if any default be made
in the payment of rental herein provided or in tiie perfonnance of the covenants
conditions, or agreements herein (any covenant or agreement shall be constmed and
considered as a condition), or should Lessee fail to fiilfill in any manner tiie uses and
purposes for which said premises are leased as above stated, and such default shall not be
cured within or ten (10) days after written notice thereof if default is in tiie perfomiance
of tiie use obligation provisions pursuant to Paragraph 16 ofthis lease, or thirty (30) days
after written notice thereof if default is in tiie payment of rent, or in tiie perfonnance ot
anv otiier covenant, condition and agreements (any covenant or agreement shall be
consttued and considered as a condition). Lessor shall have tiie right to immediately
tenninate tiiis lease; and tiiat in tiie event of such termination, Lessee shall have no
ftirther rights hereunder, the Lessee shall thereupon fortiiwitii remove all personal
property from said premises and shall have no ftirther right to claim thereto, and Lessor
shall immediately thereupon, without recourse to the courts, have the right to reeriter and
take possession of the Leased Premises. Lessor shall fiirtiier have all otiier nghts and
remedies as provided by law, including without limitation tiie right to recover damages
from Lessee in tiie amount necessary to compensate tiie Lessor for all tiie dettiment
proximately caused by tiie Lessee's failure to perfonn his obligations under tiie lease or
which in the ordinary course of tilings would be likely to result tiiere from
In the event of tiie tennination ofthis lease pursuant to tiie provisions of tins paragraph.
Lessor shall have any rights to which it would be entitied in tiie event of tiie expiration or
earlier termination of this lease.
12 BANKRUPTCY: In the event Lessee becomes insolvent, makes an
assignment for tiie benefit of creditors, files a petition in bankmptcy or becomes the
subiect of a bankmptcy proceeding, reorganization, anangement, msolvency
receivership, liquidation, or dissolution proceedings, or in the event of any judicial sale of
Lessee's interest under this lease. Lessor shall have the right to declare tins lease m
default.
13 USE OBLIGATION: Lessee shall actively and continuously use and operate
tiie premises for tiie limited particular exclusive use as expressly provided for in the Use
Paragraph 3 ofthis lease, except for failure to do so use caused by acts of God. Lessee,
however, shall not and is expressly prohibited from using tiie premises for any other
purpose or use whatsoever, whether it is purported to be in addition to or m lieu of the
particular exclusive use expressed in said Use Paragraph 3.
14 MAINTENANCE AND REPAIR: As part ofthe consideration for tiie leasing
thereof. Lessee agrees to assume fiall responsibility for maintenance, repair and
replacement of tiie Parking Lot on the Leased Premises. Lessee shall have no
responsibility for maintenance or repair of tiie building located on tiie Real Property, or
any otiier part of the Real Property.
Lessee agrees to keep premises free and clear of ttash and garbage, as well as mbbish and
litter or any other fire hazards. Notwitiistanding, Lessor shall not be required at any time
to maintain or to make any improvements or repairs whatsoever on or for tiie benefit of
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tiie Leased Premises; except that Lessor shall keep the lightmg in good operating
condition, such that it will illuminate the Leased Premises until 11:00 P.M. each mght.
For tiie purpose of keeping the premises in a good, safe, healtiiy and samtary conditton.
Lessor shall have tiie right but not the duty, to enter, view, inspect, detennine tiie
condition of and protect its interests in, tiie premises. If inspectton discloses tiiat tiie
premises are not in tiie condition described. Lessee must perfonn tiie necessary
maintenance work within ten (10) days after written notice from Lessor. Furtiier, if at any
time during tiie term of tiie lease for the premises Lessor detennines tiiat tiie premises je
not in the condition described; Lessor may require Lessee to file and pay for a faithful
perfonnance bond, to assure prompt conection without additional notice. The amomit of
this bond shall be adequate, in Lessor's opinion, to conect the unsatisfactory condition.
The rights reserved in tiiis section shall not create any obligattons or increase any
obligations for Lessor elsewhere in this Lease.
15 TAXES AND UTILITIES: This Lease may result in a taxable possessory
interest. Lessee shall be solely responsible for payment of property taxes associated with
its occupancy of the Leased Premises, if any apply. Lessee agrees to and shall pay before
delinquency all its pro-rata share of tiie possessory taxes and assessments of any kind
assessed or levied upon Lessee or the Leased Premises by reason of tins lease or of any
stmctures, machines, or other improvements ofany nature whatsoever erected, mstalled
or maintained by Lessee, or by reason of tiie business or other activities of Lessee upon
or in comiection with the Leased Premises. Lessee shall also pay any fees imposed by
law for licenses or permits for any business or activities of Lessee upon the Leased
Premises or under tiiis lease, and shall pay before delinquency any and all charges for
utilities at or on tiie Leased Premises. If Lessee fails to pay said possessory taxes. Lessor
may declare default in accordance with Paragraph 14. Lessee shaU be responsible fo
payment of all uttiities, including its pro-rata share of water, gas and electticity. All
utilities will be metered at tiie building site and billed to Lessee separately.
16 CONFORMANCE WITH RULES AND REGULATIONS: Lessee agrees that
in all activities on or in comiection with tiie Leased Premises and in all uses tiiereof, it
will abide by and confonn to all ordinances, mles and regulations prescnbed by the City
of Carlsbad, including, but not limited to, sign regulations and requirements for outdoor
areas as set fortii within the Carlsbad Municipal Code, and any applicable laws of tiie
State of Califomia and Federal Govemment, as any of the same now exist or may
hereafter be adopted or amended.
17 NON-DISCRIMINATION: Lessee agrees not to discriminate against any
person or class of persons by reason of sex, color, race, religion, or national origm. Ifthe
use provided for in this lease allows the Lessee to offer accommodations or services to
the public, such accommodations or services shall be offered by the Lessee to tiie public
on fair and reasonable terms.
18 PARTIAL INVALIDITY: If any tenn, covenant, condition, or provision of
this lease is held by a court of competent jurisdiction to be invalid, void or unenforceable,
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the remainder of tiie provisions hereof shall remain in ftill force and effect and shall in no
way be affected, impaired, or invalidated tiiereby.
19 HOLD HARMLESS: Lessee shall defend, indemnify, and hold harmless
Lessor its officers and employees from liability, damage, and expense of any kind,
includhig reasonable attomey's fees, arising from all claims or causes of actton of any
kind including but not limited to injury to or deatii of any person or persons, includmg
Lessee, its employees, and invitees resulting directly or indirectly from granting and
perfonnance ofthis Lease or arising from tiie use and operation ofthe Leased Premises.
Lessor shall defend, indemnify, and hold harmless Lessee, its officers and
employees from hability, damage, and expense of any kind, including reasonable
attomey's fees, arising from all claims or causes of action of any kind mcluding but not
limited to injury to or deatii of any person or persons, including employees and invitees
of Lessor, resulting directiy or indirectiy from Lessor's actions or arising from tiie use of
the building on tiie Real Property.
20 HAZARDOUS SUBSTANCES: The term "Hazardous Substance" as used in
this Lease'shall mean any product, substance, or waste whose presence, use, manufacture,
disposal, transportation, or release, either by itself or in combination witii other materials
expected to be on the premises, is either: (i) potentially injunous to the public healtii,
safety or welfare, the enviromnent or the premises, (ii) regulated or monitored by any
govenmient autiiority, or (iii) a basis for potential Uability of Lessor to any govemmenta
agency or third party under any applicable statute or common law theory. Lessee shall
not cause or pennit any Hazardous Substance to be spilled or released in on, under or
about tiie Leased Premises and shall promptiy, at Lessee's expense, take all mvesttgatory
and/or remedial action reasonably recommended, whether or not fomially ordered or
required for tiie cleanup of any contamination of, and for the maintenance, security
and/or monitoring of the premises or neighboring properties, tiiat was caused or
materially contributed to by Lessee, or pertaining to or involving ariy Hazardous
Substance brought onto the premises during the tenn of tiiis Lease, by or for Lessee, or
any third party.
21 SUCCESSORS EST INTEREST: Unless otherwise provided in this lease, the
terms covenants and conditions herein shall apply to and bind tiie heirs, successors,
executors, administrators, and assigns of all the parties hereto, all of whom shall be
jointiy and severally liable hereunder.
22. (Intentionally omitted)
23 INSURANCE- Lessee shall obtain and maintain for the duration of tiiis lease
agreement and any and all amendments, insurance against claims for injuries to persons
or damage to property which may arise out of or in connection witii use of tiie subject
Leased Premises by Lessee. The insurance will be obtained from an insurance canier
admitted and autiiorized to do business in the State of Califomia. The insurance earner is
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(a)
(b)
(c)
required to have a cunent Best's Key Rating of not less than "A-VII". The policies for
said insurance shall, as a minimum, provide the following fornis of coverage:
Commercial General Liability - (covering premises and operations
in the amount of not less than One Million Dollars ($1,000,000)
combined single limit per occunence for bodily injury, personal injury
and property damage. If tiie submitted policies contain aggregate
limits general aggregate limits will apply separately under this lease
or the general aggregate will be twice tiie required per occunence
limits.
Evidence of Insurance - Certificates and endorsements in a fonn
acceptable to Lessor evidencing the existence of tiie necessary
insurance policies shall be kept on file witii Lessor during the entire
tenn of tiiis lease. All insurance policies shall be primary coverage,
and will name Lessor as an additional insured, protect Lessor against
any legal costs in defending claims and will not tenninate witiiout ten
(10) days written notice to Lessor.
Lessor shall retain tiie right at any time to review tiie coverage, form,
and amount ofthe insurance required hereby. If, in tiie opmion of tiie
Lessor tiie insurance provisions in tiiis lease do not provide adequate
protection for Lessor and/or for members of the public using tiie
Leased Premises, Lessor may require Lessee to obtam insurance
sufficient in coverage, fonn and amount to provide adequate
protection. Lessor's requirements shall be reasonable but shall be
designed to assure protection from and against the kind and extent of
risk, which exist at tiie time a change in insurance is reqmred.
Lessor shall notify Lessee in writing of changes in tiie insurance
requirements and, if Lessee does not deposit certificates/endorsements
evidencing acceptable insurance policies witii Lessor incorporating
such changes witiiin thirty (30) days of receipt of such nottce, this
lease shall be in default without furtiier notice to Lessee, and Lessor
shall be entitied to all legal remedies.
The procuring of such required policies of insurance shall not be
construed to limit Lessee's liability hereunder, nor to fiilfill tiie
indemnification provisions and requirements of tiiis lease^
Notwithstanding said policies of insurance. Lessee shall be obligated
for tiie fiill and total amount of any damage, injury, or loss caused by
negligence or neglect connected with this lease or with tiie use or
occupancy of tiie Leased Premises.
Lessee agrees not to use the premises in any manner, even if use is for
purposes stated herein, that will result in the cancellation of any
(d)
(e)
(f)
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insurance Lessor may have on tiie premises, or on adjacent premises,
or that will cause cancellation of any other insurance coverage for tiie
premises, or adjoining premises. Lessee further agrees not to keep on
the premises or permit to be kept, used, or sold thereon, anytiiing
prohibited by any fire or other insurance policy covering tiie premises.
Lessee shall, at its sole cost and expense, comply witii any and all
requirements, in regard to premises, of any insurance organization
necessary for maintaining fire and other insurance coverage at
reasonable cost.
24. WARRANTIES-GUARANTEES-COVENANTS: Lessor makes no warranty,
guarantee, covenant, including but not limited to covenants of titie and quiet enjoyment,
or declaration ofany nature whatsoever conceming the condition ofthe Leased Premises,
including the physical condition tiiereof, or any condition which may affect the Leased
Premises, and it is agreed tiiat Lessor will not be responsible for any loss, damage or
costs which may be incurred by Lessee by reason of any such condition or conditions.
25. DAMAGE TO OR DESTRUCTION OF PREMISES: In the event of damage
to or destmction by fire, the elements, acts of God, or any otiier cause, of tiie
improvements located within the demised premises Lessee shall, witiiin ninety (90) da.ys,
commence and diligentiy pursue to completion tiie repair, replacement, or reconstruction
of improvements necessary to permit full use and occupancy of tiie demised premises for
tiie purposes required by tiiis lease. Repair, replacement or reconsttniction of
improvements witiiin the demised premises shall be accomplished in a manner and
according to plans approved by Lessor; provided, however. Lessee shall not be obligated
to repair, reconsttoict or replace the improvements following their destruction in whole or
substantial part except to tiie extent tiie loss is covered by insurance required to be canied
by Lessee pursuant to Paragraph 23 of tiiis Lease (or would be covered whether or not
such required insurance is actually in effect). If Lessee elects not to restore, repair or
reconstmct as herein provided, then the Lease shall terminate.
Notwitiistanding tiie foregoing, Lessor shall be obligated to repair, reconstmct or
replace so as to permit full use and occupancy of the Leased Premises as a Parking Lot, to
the extent that any damage results from acts of Lessor, its employees, agents or invitees,
including without limitation resulting from the building on tiie Real Property.
26. QUITCLAIM OF LESSEE'S INTEREST UPON TERMINATION: Upon
termination of tiiis lease for any reason, including but not limited to termination because
of default by Lessee, Lessee shall execute, acknowledge and deliver to Lessor witiiin
thirty (30) days after receipt of written demand thereof a good and sufficient deed
whereby all right, title and interest of Lessee in the demised premises is quitclaimed to
Lessor. Should Lessee fail or reftise to deliver tiie required deed to Lessor, Lessor may
prepare and record a notice reciting the failure of Lessee to execute, acknowledge and
deliver such deed and said notice shall be conclusive evidence ofthe tennination of tiiis
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lease and of all right of Lessee or tiiose claiming under Lessee in and to the demised
premises.
27 PEACEABLE SURRENDER: Upon tiie expiration of tiiis lease or sooner
temiination or cancellation tiiereof, as herein provided, Lessee will peaceably sunender
said premises to Lessor in as good condition as said premises were at tiie date of tins
lease ordinary wear and tear expected. Ifthe Lessee fails to sunender tiie premises at tiie
expiration of this lease or the earlier temiination or cancellafion tiiereof. Lessee stiall
defend and indemnify Lessor from all liability and expense resulting from the delay or
failure to sunender, including, without limitation, any succeeding Lessee s claims based
on Lessee's failure to surrender.
28 WATVER- Any waiver by Lessor of any breach by Lessee of any one or more
ofthe covenants, conditions, or agreements ofthis lease shall not be nor be consttued to
be a waiver of any subsequent or other breach of the same or any other covenant,
condition or agreement of tiiis lease, nor shall any failure on the part of Lessor to reqmre
or exact full and complete compliance by Lessee with any of tiie covenants, conditions,
or agreements of tins lease be constmed as in any manner changing the terais hereof or to
prevent Lessor from enforcing the fiill provisions hereof The subsequent acceptance of
rent hereunder by Lessor shall not be deemed to be waiver of any preceding breach by
Lessee ofany terni, covenant, or condition of tiiis lease, other tiian the failure of Lessee
to pay the particular rental so accepted, regardless of Lessor's knowledge of such
preceding breach at the time of acceptance of such rent.
29 NO RIGHT TO HOLD OVER: Lessee has no right to retain possession of tiie
premises or any part thereof beyond the expiration or tennination of tins le^e In the
event tiiat Lessee holds over, tiien tiie Rent shall be increased to one hundred fifty (150/o}
of the Rent applicable during the montii immediately preceding tiie expiration or
termination. Nothing contained herein shall be constmed as consent by Lessor to any
holding over by Lessee.
30 ACCEPTANCE OF PREMISES: Lessee shall be entitied to have independent
tests perforaied prior to execution ofthis lease to satisfy Lessee tiiat the premises are in
the condition promised. By signing tiiis Lease, Lessee represents and wanrants that it has
independently inspected the premises and made all tests, investigations and observations
necessary to satisfy itself of the condition of tiie premises, except as noted m Paragraph
24
Also except as noted in Paragraph 24, Lessee fturther acknowledges that premises
are in tiie condition called for by tiiis Lease, and tiiat Lessee does not hold Lessor
responsible for any defects in premises. The parties mutually acknowledge that an
existing wall on or near the Leased Premises has defects, including some cmmblmg and
some holes, and that such are existing conditions. Neither Lessor nor lessee has any
obligation to remedy the condition of such wall.
31 QUIET POSSESSION: Lessee will at all times during the terms ofthis Lease
occupy tiie premises quietly and not commit any act, waste or nuisance which disturbs
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tiie quiet enjoyment ofthe property for tiie Lessor, public, any neighbor or other tenant of
Lessor.
32 ENTIRE UNDERSTANDING: This lease contains tiie entire and only
understanding and agreement of the parties, and Lessee, by accepting tiie same,
acknowledges tiiat tiiere is no other written or oral understanding or agreement between
tiie parties witii respect to the demised premises and tiiat tiiis lease supersedes all prior
negotiations, discussions, obligations and rights, of tiie parties hereto. No waiver,
modification, amendment or alteration ofthis lease shall be valid miless it is expressly in
writing and signed by authorized persons ofthe parties hereto. Each of the parties to tins
lease acknowledges tiiat no otiier party, nor any agent or attoraey ofany otiier party has
made any promise, representations, waiver or wananty whatsoever, expressed or implied,
which is not expressly contained in writing in tiiis lease, and each party fiirtiier
acknowledges tiiat it has not executed this lease in reliance upon any collateral promise
representation, waiver or wananty, or in reliance upon any belief as to any fact not
expressly recited in this lease.
33 TIME IS OF THE ESSENCE: Time is ofthe essence of each and all of tiie
terms and provisions of this lease and tiiis lease shall insure to tiie benefit of and be
binding upon tiie parties hereto and any successors of Lessee as fiiUy and to tiie same
extent as though specifically mentioned in each instance, and all covenants, stipulations
and agreements in this lease shall extend to and bind any assigns and sublessee of Lessee.
34 NOTICES- Notices given or to be given by Lessor or Lessee to tiie other may
be personally serviced upon Lessor or Lessee or any person hereafter authorized by either
in writing to receive such notice or may be served by certified letter addressed to the
appropriate address hereinafter set fortii or to such otiier address as Lessor and Lessee
may hereafter designate by written notice. If served by certified mati, forty-eight (48)
hours after deposit in the U.S. Mail, service will be considered completed and binding on
the party served.
FOR LESSEE FOR LESSOR
Aviara Residence Club Owners' Association City of Carlsbad
7210 Blue Heron Place Municipal Property Manager
Carlsbad, CA 92011 405 Oak Avenue
Carlsbad, CA 92008
By their signattires below, tiie Lessor and the Lessee hereby agree to tiie tenns of
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the Lease as set fortii herein, effective as of the date first written above.^
LESSEE:
[, effective as of the date first written above.
G lub dtunf-sAssotf. LESSOR: IL> ^4KLj Dod^-OQ
^-J, BY: A^>>far.^g\S^-n^^
DEMI ORTEGA ^STEVEN SARKOZY
General Manager and Regional Director CITY MANAGER
Aviara Residence Club Owners' Association CITY OF CARLSBAD
DATE:__S)2Siiyi DATE
Note: Signature of Lessee must be Notarized
APPROVED AS TO FORM:
BY:
CELIA A. BREWER
CITY ATTORNEY
DATE:
SMRH:428206377.4 "12"
State of California
County of f^'o Qi-e^^
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
On j^^o.,i^¥- <Ooi*-f before me, LA 4Scre\'TrwI;xo AJtykfry Aibl.c ,
^ (here insert nameSnd title ofthe office^
personally appeared ^^ccYhr^r^ S. Dod&O'O
who proved to me on the basis of satisfactory evidence to be the persop^ whose nam^ is^^re subscribed to
the within instrument and acknowledged to me that Jae/She/^bey executed the same in b+s/her/therfr
authorized capacity^iestTand that by Jjis/her/jherr signature(srbn the instrument the persoi)(s)for the entity
upon behalf of which the personj>facted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws ofthe
State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ^2^:^^^^ <3Ai/^ /^oyO
LETICIA TREVINO l»£y£s T COMM. #1994847" i Notary Public.Clifonrta I ' San Diego Coun«y f My Comm. Expins Oct. 21. ant|
(Seal)
OPTIONAL INFORMATION
) Copyright 2007-2012 Notary Rotary, Inc. PO Box 41400, Des Moines, IA 50311-0507. All Rights Reserved. Part Number 101 772. Please contact your Authorized Reseller to purchase copies of this form.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
CIVIL CODE §1189
state of California
County
On
(-.aiiTornia
ofSaixDieALl ham \2i26]^
U Date '
efore me,
personally appeared
'6 Insert Name and Title of tne Officer I iNar
n emi mefs) of Signer(s)
LESUE MICHELLE LAURER
Commission # 2048460
Molary PuMc-Califomia
San Oiogo County S
M|rComm.fajririiiiia>a ?ni7^
Place Notary Seal Above
who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acl<nowledged
to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature: in MJS/ Signature of Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document ^ ^ i
Title or Type of Document:^ \4'-M Q"t CQ( mXlQ jOl^j^ocument Date
Number of Pages: Sigrrer(s) Other Than Named Above:
Capacity(ies) Cial
Signer's Name:
by Sig
I Signer's Name:.
aXorporate Officer — Title(s): ^U-t(^ ^4*lCi^tr • Corporate Officer — Title(s):
• Partner — • Limited • General • Partner — • Limited • General
•'individual • Attorney in Fact • Individual • Attorney in Fact
• Trustee • Guardian or Conservator • Trustee • Guardian or Conservator
• Other: • Other:
Signer Is Representing: Signer Is Representing:
> 2013 National Notary Association • www.NationalNotary.org • 1 -800-US NOTARY (1 -800-876-6827) Item #5907
EXHIBIT "A"
The Leased Premises
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