HomeMy WebLinkAboutCarlsbad Depot Association; 1966-03-10;,\ !
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SUB-LEASE --
PARTIES: --- The parties to this Sub-Lease Agreement are the City
of Carlsbad, California, a municipal corporation, hereinafter re-
ferred to as CITY;. and The Carlsbad Depot Association, a California
.2 6 II unincorporated association, hereinafter referred to as ASSOCIATION. I
RECITALS: This Sub-Lease Agreement is made with reference to I s the following facts: I 9
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1. CITY is lessee from The Atchison Topeka 4 Santa Fe Railway
Company, a Kansas Corporation, hereinafter referred to as RAILWAY, 11 II of certain property according to the terms of that certain LEASE OF
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LAND (short term) hereinafter referred to as MASTER LEASE, dated
March 15, 1963, a copy of which is attached hereto and by this
14 reference incorporated herein.
15 2, The property sub-leased by this Agreement, hereinafter
16 referred to as PROPERTY, is shown on Exhibit ‘!A” attached to
17 MASTER LEASE, as outlined in blue,
18 COVENANTS: --- It is mutually agreed by and between the parties
19 as follows:
1. CITY sub-leases to ASSOCIATION and ASSOCIATION sub-leases
21 from CITY, PROPERTY on the terms and provisions hereinafter set
22 forth.
2, PROPERTY is sub-leased for the purpose of allowing
24 II ASSOCIATION to effect the restoration of the building and grounds I 25 of the old Atchison Topeka B Santa Fe Railway Company depot and the
26 management and control of the use of said building and grounds. 27 3. The term of this Sub-Lease shall commence 28 # and it shall continue thereafter for five (5) years 29 unless sooner terminated. This Sub-Lease may be terminated at
30 any time by either party hereto by the giving of thirty (30) days
31 written notice of termination to the other party, stating therein
32 ’ the date that such termination shall take effect, and upon the
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expiration of the time specified in such notice, this Sub-Lease
and all rights of ASSOCIATION hereunder shall absolutely cease and
determine; but upon any such termination ASSOCIATION shall be
entitled to have refunded by CITY a proportionate part of any
rental payed in advance. In the event MASTER LEASE is terminated
for any reason whatsoever, this Sub-Lease shall automatically
terminate as of the date and time of termination of MASTER LEASE,
without the necessity of any notice to either party hereto. This
Sub-Lease may be terminated by CITY at any time for breach by
ASSOCIATION of any of the terms hereof, by the giving of written
notice thereof to ASSOCIATION. In the event of termination of
this Sub-Lease for any reason whatsoever, CITY shall sustain no
obligation or liability whatsoever by reason thereof to ASSOCIATION,
other than to refund a proportionate part of any rentals paid in
advance.
4. ASSOCIATION agrees to perform all of CITY’s obligations,
agreed to be performed under MASTER LEASE in regard to PROPERTY.
5. ASSOCIATION shall pay to CITY as rent for PROPERTY the
sum of one dollar ($1.00) per year by delivering said sum to CITY
on the date of commencement of this lease and on the same day of
each and every subsequent year during the term hereof.
6. CITY excepts and reserves the right to be exercised by
CITY and by others who have obtained or may obtain permission or
authority from CITY so to do, to operate, maintain, renew, and
relocate any and all existing pipe, power, and communication lines
and appurtenances and other facilities of like character upon,
over or under the surface of PROPERTY; and from time to time to
construct, operate, maintain, renew and relocate such additional
facilities of the same character on PROPERTY.
7. ASSOCIATION agrees to take out and maintain public
liability insurance in regard to PROPERTY, naming CITY as an
additional insured, with an insurance carrier satisfactory to CITY, ,
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in limits of at least $100,000.00 for one person injured in one
accident and $300,000.00 for more than one person injured in one
accident and $50,000.00 for property damage,
8. Any notice to be given by CITY to ASSOCIATION hereunder
shall be deemed to be properly given if the same be delivered to
ASSOCIATION, or if left with any of its agents, servents or
employees, or if deposited in the United States mail, postage
prepaid, addressed to ASSOCIATION at 2796 Carlsbad Boulevard,
Carlsbad, California
CITY OF CARLSBAD, CALIFORNIA
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THE CARLSBAD DEPOT ASSOCIATION
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CALIFORNIA REAL ESTATE ASSOCIATION STANDARD FORM
t!&i$ %h?trtur& made,the . . . . . .._.. $%!? . .._._..__..__............ day of ‘Oveinber -.---.----.-.-...-.--.---.----.--------.---, A.D.19 6 ___.__ W”
between CARLSBAD DEPOT ASSOCIATION _.____._.___"_"_."....-..--.--..--....-.-.-.-..-.----.----".."--.--....."....-.---.-.--.----".-"".-----.-"-.....---"-.--.---..~--.-.--.-..--.----"-----."----.-.---"--.
. ..-._____.______.-_--...-.-.....---.----.-.-.--..--.-..--.- EAiiEsEKn __.__ cKAiiTBEr . ..__ DF .._._.__ ci~ti~y$$ter called the lessor,
and.. _..___..____...__...-“-.“..--..-”.--.”--”.-.-.”-...--.“--”.-”-..-..--.“---.-.----.---.-.“---..---..-.--....-..*-.“-.-.----..-.-.-.----.-.-.-.“--..-----.”.----.----.
.--.---‘.----.-“...--.“--..--..--.-.....-.----.--.“.“-..-.--.-.-..--.-“--.-.-...-“..-.--“-.....-.----“--..-.“----.-..-.--.....“.-.“---, hereinafter called the lessee.
WITNESSETH, that the leesor does by these presents, lease and den&e unto the lessee all of the property
situated in the CITY -OF CARLSBAD -.-".......^.-.""..---..-....-..-.--.-.--...-....-..-...----."--..-----...-.--"-....-.-.-.-.-.--...-.-..-----.--.--.--."..-.-----..-.-------.-.-.---.---.---"-,
county of SAN'DIEGO .‘-‘.""..1-""-".."..-"....-..--...~~~.-..........~~~".~~.~~"~.~....~~".~~.....~~.-., State of California, described aa follows, to wit:
That certain unfurnished building, formerly the- Depot of the
' A.'T. & S.F. Railroad, located on the right of-way, between Elm
Street and Grand Ave., EXCEPTING, only"the two publi& restrooms
located at the southeast portion of the build,ing.
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for the term of . . . . . ..".........."..-~......"-........--.--.---..-..-.....-...."-..--..-.......-......-.~.-..-...-....-..-...-...--..-.....".-.~.---.~----".----..---.-.----."-" FIVE YEARS
beginning DECEMBER 1 ..---..__“..__._“___.----......---.”...--...---.--------- 1966 - a”“., andending ..-‘.-‘..“‘---:-----.-...---.“-.. _.__._....______._.... - .“~~~~.~. 19...?2.- NOVEMBER 30
for the total rent or 8um ($12 000 00) of . . . . . . . . . .._........... .‘. . . . . . . . .? . . . . .._.. 2 . . . .._..I..............-..-..............-......-..........-..~...........-..-..............-.-
..--_ rr=,,.Tt~Er!~..TH~.~~~~~..-~--~~~~~~ _..__. ~,=~-~.~.~f.T.,,.~-~-~ _....__...__._-._....~...~~~...~.~..~. Dollars,
in lawful money of the United States of America, payable as followa, to wit:
The first and last month, payable in advance, acknowledgement of the receipt of which is made with the execution of this lease, at a monthly rent of Two hundred dollars ($200.00) per month. The _ remaining payments to be made on or before the first of each succeeding month, beginning January 1, 1967. All utilities are to be paid promptly by Lessee.
Any changes or alterations, including outside signs, are to be . 3approved by the Carlsbad Depot Association. At the end of the five-year period, it is agreedsthat lessee has the option to renew lease on a year-to-year basis for the sum of $1.00 per year.
CARLSBAD DEPOT ASSOCIATION All of said ient shall be paid at the office of ..-I-........--."‘--..--.-----------.-.".-.-..-.--.."...-..----"....--..-..-......----".----"-----.-~
the agent of the lessor P.O. Box 188 Carlsbad California 92008 r-'-.-."...-""--'.-------.-...------.---...-----.--.--.. Street ,------.--.-..--.---....-.".-..-!-.--"--""---...-..-.-..."-----"--.---.-.-----..-*
California, or at such other place as may be designated by the le\ssor.
IN ADDITION THERETO IT IS HEREBY AGREED AS FOLLOWS, TO WIT: ’ .
First: That the lessee shall pay the leseor said rent in the manner hereinbefore specified, and shall not let
or underlet the whole or any part if said premises, nor sell or assign this lease, either voluntarily or by opera- ’
tion of law, nor allow said property to be.occupied by anyone contraq to the t&ms hereof, without the w&en ’
consent of the lessor;
Second: That ehould said ient be not paid when due or should the lessee default in any of the covenants or
conditiona contained herein, the lessor, or his representative or agent, may re-enter said premises and remove aR
persons therefrom;
Third: That the lqeee shall occupy eaid demised premises and shall keep the same in good condition, in-
cluding euch improvementi as may be made thereon hereafter, the usual wear and tear and damage by the ele-
ments excepted, and shall not make any alterations thereon without the written consent of the lessor and shall
not commit or suffer io be committed any waste upon said premises;
Fourth: That said premises ehall not be ueed by the leesee, nor anyone else, during the term hereof or any
extension thereof, for the sale of any iutoiricating liquors, nor for any illegal or immoral purpose, and that pos-
session of eaid premises.by the lessee or hia aucceeaore or assigns ehall not be construed as conveying any title
thereto or ownership thereof;
Fifth: That all Governmental laws and ordinances shall be complied with by the lessee;
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Sixth: That the lessee wa. s all rights under Section 1942 of the Civ,, Code of California and releases the .
lessor from any and all damages which may be sustained by the lessee or any other party during the time he .,
- may be in possession of said premises;
Seventh: That should. the occupancy of said premises, by the lessee, cause the present fire aud liability in-
I surance rates applicable thereto to be increased, the lessee shall pay the difference upon the amount of fire and
I liability insurance now being carried by the lessor and said difference shall be in addition to ‘the amount of
rental specified herein and shall be paid to the lessor upon demand;
I ,. I Eighth: That should the lessor be compelled to commence or sustain an action at law to collect said rent
or parts thereof or to dispossess the leesee or to recover possession of said premises, the lessee shall pay all
costs in connection therewith including a reasonable fee for the attorney of the lessor;
Ninth: That the waiver, by the lessor, of any covenant or condition herein contained shall not vitiate the
same or any other covenant or condition contained herein and that the terms and conditions contained herein
shall apply to and bind the heirs, successors and assigns of the respective parties hereto;
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Tenth: That should the lessee occupy said premises after the expiration date of this lease, with the consent
of the lessor, expressed or implied, such possession shall be construed to be a tenancy from month to month and 200 oo-
3 said lessee shall ‘pay said lessor for said premises~the sum of $ __._-._.-..: -.._._..-...__ per month for such period
as said lessee may remain in possession thereof; . -I“ ,.-
Eleventh: That said’premises shall not be used by/the lessee , . . ‘.I, during the term of this lease for other than Office and community promotion and tourist attraction ,, .'. ..-.......,...r.....--.-.-----.-----~------...--------~----..--.-..--.---..-.------.-..--,.---..-.--.-.--...----.--.--.-..*.-...-.--.~..--.-..-..--.---------------.--.-.....purposes
except with the written consent of the lessor; . r. .I., _\,.’ ‘. ‘7’
Twelfth: That at the expiration of said term or the sooner determination thereof, the lessee shall peacefully
quit and surrender possession of said premises in as good condition aa reasonable use and wear thereof will
permit ; 4 ‘* Thirteenth: That all words used herein in the singular number shall include the plural a?d the present
tense shall include the future and the masculine gender shall include-the feminine and neuter. ‘., . 1
.- . -. . -. . _ : “. .,: I . . . . . . _.
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IN WITNESS WHEREOF, the.lessor and the lessee have executed this indenture as of ‘the day>and year
first above written. . I [ ‘. :i’ > /
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1 Carlsbad Depot Association ---..-.-..----.---__~.--...-------.--.-~-..-.---.----~--------.-.-- ; , : ,I: : . . ~ ,_, .. r ,
For these forms addreas California Real EstatiAssociation. Los Angeles. (Copyright, 1928, by California Real Eatate Association)
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Hall 6 66 1M 5645 Form 1736 Standard
(Appmwd by fhnml Solicitor)
CONSENT TO SUBLEASE
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THIS AGREEMENT, Made this .__.....__..._._._..__II &# “A i----I-- _ .~-~~~..~~~~~~~~.. day of .-...-...-..._......-... !E% .-..-.-.‘.) li.l!!k _.___ ,“,9
between.-lr#&km f’ -.....“--------.-..-.-------.---.---------------..---.--------.-----,
a _.----...--. i#iBmmm .._______.__.____________________ _ ___._._.._._______.________ corporation (hereinafter called “Lessor”) ;
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(hereinafter, whether one party or more, called ‘%e~$‘) and I
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(hereinafter, w&her one party or more, called “Subleasee”).
wITNESSN’J!E: . .
WHEREAS, Le&sor and Lessee are now parties to a contract dated........ J($&&&..Milr. -.__-. 1.5, __.. 19fiJ
Leasor’~ Secretary’s Contract No...&Da _............._...... - . . . . . . . relating to the use by on of Lessor’s j
id’) at..#MG?IM. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . County of.. -‘----‘-“‘-------‘----, I
State af . . . . . . . . . . . . . -.-.-‘-.-“---.‘---.----, which contract, together with any and all modifications, eupplements
or not referred to above, is hereinafter called.‘!Original Contract”; and
Lessee haa agreed to permit Sublessee to u8e exclusively for the purpose of ___.__.._..._..._...................~...~...
~.~.~~~~~~.~~. ---1..------.------------..-.------ -.-- ------ --.- * --.-. -- .------.-- * -----.--.-.- * ~-....~~__.~___~_. 1_.__..___________.-_________ * __-_.._-______._..______
aII or a portion of the Premises and/or improvements thereon, such agreement, however, being subject to the con-
sent of Lessor as required by the Original Contract; and I d
wH$EEBS, Lessor is willing to give such consent upoq the terms and conditions hereinafter set forth, which
have be& agreed to by Lessee and Sublessee;
NOW, THEREFOB& the parties hereto, for the considerations herein expressed, agree as follows:
Section 1. Lessor hereby consents to the granting ,by Lessee to Sublessee of the right to use all or a portion
of the Premises and improvements located thereon for the sole purpose set forth in the foregoing recitals.
Section 2. Lessee agrees (a) promptly to pay and discharge, or cause to be paid and discharged, all lien.9 ark+ ’
ing out of any construction, alteration or repair work done, or suffered or permitted to be done, by it or by Sub. / lessee on the Premises, and if Lessee faila so to do, Lessor, at its option, may terminate the Original Contract by serv- I
ing five (5) days’ notice, in writing, upon Leasee; (b) to indemnify and save harmless Lessor from and against all 10~9, I damage or expense paid by Lessor on account of any such liens; and (c) that Lessor is hereby authorieed tc post any
notices or take any other action upon or with respect to such property that-is, or may be, permitted by law to prevent
the attachment thereto of any such liens, but that neither failure of Lessor to take any such action nor any termina- l tion of the Original Contract for failure to pay and discharge any such liens as above provided shall relieve Leesee
from the obligation of indemnity in Clause (b) above in this section hereof set forth.
Section 3. Nothing herein contained shah release or relieve Lessee from any obligation under the Original
Contract, but Lessee shall be and remain ss fully responsible to Lessor for the acts and omissions of Sublessee as if
such acts and omissions were the acts and omissions of Lessee.
Section 4. Sublessee hereby agrees to observe and be bound&y all of the covenants, terms and conditions of
the Original Contract and this agreement so far as the same apply to the use and occupancy of the Premises and im-
provements thereon by Sublessee.
Section 6. This agreement may be terminated at any time upon thirty (30) days’ written notice given by any
party to the other parties hereto and, in any event, shall ipso facto terminate upon the termination of the Original
Contract, and upon any termination, Sublessee shall vacate and cease to use the Premises and improvements thereon.
Section 6. Any notice to be given by Lessor to Lessee or Sublessee hereunder, or under the Original Contract,
shall be deemed to be properly served if the same be delivered to Lessee or Sublessee, or if left with any of the agents,
servants or employes of Lessee or Sublessee or if posted .on the Premises, or if deposited in the Post Office, postpaid,
addressed to Lessee at--.- ~~~~~‘~‘~~~‘~~~“~~~“~‘~.‘~~‘~~~‘~~~~’~~’~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ .I I
and to Sublessee at.& ______._____________------.------------------.-.---.-.--------------...--.
Be&ion 7. In the event either Lessee or Sublessce, or both, consist of two or more parties, all the covenants
and agreements herein shall be the joint and several covenants and agreements of such parties.
Thirs agreement shall be effective as of ____.___.___ _ _________________________ ..ai -.-.----------..----.------, 19.-B ----.
IN WITNESS WHHWOF, this agreement has been duly executed, in trip&ate, by the parties hereto as of the
day and year first above written.
Rm..
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(Sublessee)