HomeMy WebLinkAboutCarlsbad City Employees Federal Credit Union; 1987-02-05;0 RESOLUTION NO. ""@ E X H 1 I3 1 'I' m
LEASE AGREEMENT
CITY OF CARLSBAD GOVERNMENT OFFICES
- IHIS LEASE AGREEMENT, made and entered into this F day
, 1987, by and between the CITY OF CARLSBAD,
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hereinafter referred to as "Lessor" and the CARLSBAD CITY EMPLOYEES FEDERAL
CREDIT UNION, hereinafter referred to as "Lessee", whereby the parties hereto
agree as follows:
WITNESSETH:
1. ADMIIUSTRATION. This Lease Agreement (hereinafter referred to as
"Lease") shall be administered on behalf of City by the Fire Chief, City of
Carlsbad, hereinafter referred to as "City's Lease Administrator", and on beh
of Lessee by Oarrell Bennett, Credit Union Manager.
2. DESCRIPTION. Lessor hereby leases to Lessee that real property
consisting of 450 square feet of office space known as Rear Building, 1275 El
Avenue, Carlsbad, California, 92008. Said real property (hereinafter referre
to as "Demised Premises") is leased on a modified gross basis in accordance v
the terms and conditions hereinafter set forth.
3. TERM. This Lease Agreement is effective on the date first above
written. The term of this Lease shall commence upon the date of acceptance c
the Deinised Premises by the Lessee. Said date shall be as specified in the
letter of acceptance issued by the Lessee to the City Administrator. The ter
of this Lease shall terminate 48 months from the date of acceptance.
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Lessee shall have the option to extend this Lease upon expiration thereof
for additional one (1) year periods upon the same terms and conditions as sta
herein. The option may be exercised by Lessee by giving written notice of
exercise to Lessor at least sixty (60) days in advance of the normal expirati
of this Lease or any succeeding extension thereof.
4. EARLY TERMINATION. This Lease may be terminated by City at its sole
option at any time after six (6) months from date of acceptance by first givi
to Lessee no less than ninety (90) days prior written notice.
5. HOLDING OVER. Any holding over by the Lessee after the expiration o
the term of this'lease shall be construed to be a tenancy from month to month
the monthly rental and on the terms and conditions specified herein so far as
the same may be applicable. Such holding over shall include any time require
by Lessee to remove its equipment and fixtures.
6. RENT. The base rent reserved for the term of this Lease shall be th
sum of .506 per square foot ($225.00) per month. Rent shall be payable for t
month. If the first day of the term shall not be the first day of the month,
the rental for the portion of the term occurrinq in the first and last calend
months of the tern! shall be appropriately prorated. Accrual of rent shall
commence upon the date of acceptance of the Demised Premises by Lessee.
Installments of rent shall be paid to the City of Carlsbad by Lessee.
7. UTILITIES. City shall pay for all utilities necessary for the use c
the Demised Premises by the Lessee.
8. JANITORIAL SERVICES AND TRASH REMOVAL. Lessee shall furnish at its
sole expense all janitorial and trash removal services which may be requried
its occupancy and use of the Demised Premises. Such services shall be provic
at the level necessary to maintain the Demised Premises in a clean and order1
condition.
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9. REPAIRS AND MAINTENANCE. Subject to the provisions of the DAMAGE OR
DESTRUCTION clause hereof, and except for damage caused by any negligent or
intentional act or omission of City, its agents, employees, or invitees, Less
at Lessee's expense, shall keep the entire interior of the Demised Premises i
good order, in a clean, healthful and wholesome condition and repair, includi
any required eradication of pests and trash removal related to the interior o
the building. Lessee shall make repairs required under this clause within a
reasonable time after receipt of written notice of the need for such repairs.
Lessee agrees by taking possession of the Demised Premises as herein set fort
that such Demised Premises are then in a tenatable and good condition and tha
Lessee will take good care of the Demised Premises and the same will not be
altered, repaired or changed without the written consent of Lessor.
is also responsible for all routine maintenance or repairs required of the
rented space's heating and air conditioning equipment.
The Less
IO. NONPERFORMANCE OF SERVICES BY LESSEE. If Lessee fails to provide
satisfactory repair and/or maintenance services to the Demised Premises as
hereinabove set forth, City may notify Lessee in writing; and if Lessee does
instigate measures to provide satisfactory service and to remedy the
unsatisfactory conditions within five (5) working days after such notice has
been mailed or delivered by City, City may provide the repair and/or mainten?
services necessary to remedy the unsatisfactory condition and assure
satisfactory service, or have others do so, and add an amount equal to the cc
thereof to the rent thereafter payable.
11. BUILDING AND SAFETY REQUIREMENTS. During the full term of this Lea:
Lessee agrees to maintain the ilemised Premises in compliance with all applic;
building codes, statutes, and orders as they are applicable on the date of tk
Lease, and as they may be subsequently amended.
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Lessee further agrees to maintain the Demised Premises as a "safe place c
employment", as the term is used in the California Occupational Safety and
Health Act, where the provisions of such Acts are applicable on the date of t
Lease.
In the event Lessor neglects, fails or refuses to maintain said Demised
Premises as aforesaid, City may, notwithstanding any other termination
provisions contained herein:
A. Terminate this Lease; or
B. At City's sole option, cure any such default by performance of a
act, including payment of money, and add the cost thereof plus reasonable
administrative costs to the rent.
Conditions caused solely by City and not subject to the control of Lessee
are excluded from this provision.
12. INSTALLATION AND ALTERATION. Lessee may install any and all fixture
or improvements necessary or desirable for Lessee's use of the Demised Premis
for the above described purposes but shall make no permanent alterations in,
additions to, said Demised Premises without the written consent of the City
administrator, which consent shall not be unreasonably withheld. Such fixtur
or equipment installed by City shall remain the property of City and at the
option of City may be removed at or before termination of this Lease or
extention thereof or may be abandoned to Lessee or shall remain in place as i
and any damage to the Demised Premises occasioned by such removal shall be
repaired by City upon request by Lessee within thirty (30) days of the
termination of this Lease or any extension thereof. Upon the expiration of t
Lease or the sooner termination thereof as herein provided, except in the eve
of destruction of the property as provided for in the DAMAGE OR DESTRUCTION
clause hereof, Lessee shall deliver possession of the Demised Premises to the
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City administrator in the same condition it enjoyed at the beginning of this
Lease, or as altered, ordinary Miear and tear and damage by the elements
excepted.
13. DAMAGE OR DESTRUCTION. In the event that the Demised Premises shoul
be partially damaged by fire or any other cause during the term of this Lease
extension thereof, other than through the fault or negligence of the City,
repairs shall be made by Lessee, at its sole expense, and with all reasonable
dispatch. In the event the damage amounts to the substantial destruction of
Demised Premises or cannot be repaired in ninety (90) days, this Lease nay be
terminated by either party at its option by giving written notice of intentio
to the other party within thirty (30) days following said destruction; if thi
Lease is not so terminated, Lessee shall not be liable for any rent until
repairs and reconstruction have been made by the responsible party, subject t
the approval of City's Lease Administrator, so that the Demised Premises are
again ready for occupancy.
14. SIGNS. Lessee may erect any signs necessary to identify Lessee's
occupancy of the Demised Premises during the term hereunder subject to approv
of Lessor. Signs shall be removed by the Lessee upon termination of this
Lease.
15. QUIET POSSESSION. Lessor for itself, its heirs, devises, successors
assigns, convenants and agrees that Lessee, upon payment of the rental reserv
and the compliance with all the terms and conditions of this Lease may lawful
peacefully and quietly have, hold, use, occupy and enjoy the Demised Premises
and each part thereof during the term of this Lease or any extensions thereof
without hindrance or interruption from Lessor, its heirs, devises, successors
assigns. Lessor has and reserves the right at any reasonable time to enter i
tne Premises to inspect said Oernised Premises or to perform any of the
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obligations imposed by this Lease, but in so entering shall conduct itself so
to minimally interfere with Lessee's use and enjoyment of the Demised Premise
16. NOTICE. Any notice or notices given by Lessee or City to the other
be personnaly served upon Lessor or Lessee or any person hereafter authorized
wri-ting to receive such notice, or may be served by depositing the sane in th
United States Mail, postage prepaid, addressed to the appropriate address
hereinafter set forth or to such oither address as Lessor or City may hereaft
designate by written notice.
TO: CITY TO: LESSOR
City of Carlsbad
Fire Chief Federal Credit Union
2560 Orion Way
Carlsbad, CA 92008 Carlsbad, CA 92008
Carlsbad City Employee's
1275 Elm Avenue
17. INSURANCE. Lessee shall maintain throughout the term of this Lease
fire insurance and extended coverage including property damage and personal
injury coverage in an amount satisfactory to the City's Risk Manager, on the
Demised Premises to the extent of Lessee's property located in the Demised
Premises. Included in the policy or policies of insurance shall be a standar
waiver of rights of subrogation against City by the insurance company issuing
said policy or policies.
18. SEVERABILITY. The invalidity of any portion of this Lease as
determined by a court of competent jurisdiction shall in no way affect the
validity of any other provision hereof.
19. TIME OF ESSENCE. Time is expressly declared to be of the essence of
this Lease and of each, every and all of the covenants and conditions herein.
20. ARBITRATION. If the parties hereto should not agree as to the terms
and provisions of this Lease, such disagreement shall be determined by
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arbitration pursuant to the provisions of the California Code of Civil
Procedure.
21. ENTIRE AGREEMENT. This Lease contains the entire agreement between
parties hereto and no tern or provision hereto may be changed, waived,
discharged or terminated unless the same be in writing executed by both parti
hereto.
22. INDEMNITY. Lessee agrees to indemnify and hold harmless the City of
Carlsbad against and from any and all dainages to property or injuries to or
death of any person or persons, including property employees or agents of the
City, and shall defend, indemnify and save harmless the City, its officers,
agents, and employees, from any and all claims, demands, suits, actions, or
proceedings or any kind or nature including workers compensation claims of or
anyone whomsoever, in any way resulting from or arising out of the negligent
intentional acts, errors or omissions of lessee or any of its officers, agent
or employees.
IN WITNESS WHEREOF, we have hereunto set our hands and seals.
CITY OF CARLSEAD
LESSEE :
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By : Q
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ATVEU AS TO FORM:
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ATTEST :
City Clerk Assistant City Attorney \
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