HomeMy WebLinkAboutCarlsbad Village MicroBrewery; 1995-06-13;*+-- A <I
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Data July 10
TO File 0 Repiy Wanted
Fr0fT-i Isabelle Paulsen CNO Reply Necessary
A copy of this agreement with Carlsbad Village Microbrewery ti Public House would be Surnished to the company by Leilani Hines
Council Meeting of June 13, 1995. H ti R Resolution No. 267.
H ti R Item No. 1. H & R Agenda Bill No. 271.
0 0 EXHIBIT 2
e,
CITY OF CARLSBAD REDEVELOPMENT AGENCY
PUBLIC PARKING SPACES LEASE AGREEMENT
THIS LEASE AGREEMENT, made and entered into as of the
/ 3 *h day of
REDEVELOPMENT COMMISSION, a municipal corporation, hereinafter referred to as "Owner" ,
and CARLSBAD VILLAGE MICROBREWERY & PUBLIC HOUSE, a California Limited
Partnership,hereinafter referred to as "Lessee".
TU r~ € , 19%- by and between the CITY OF CARLSBAD HOUSING AND
RECITALS
WHEREAS, on March 28, 1995, the Owner approved a Major Redevelopment Permit to
allow Lessee to construct a restaurant and microbrewery on property located at 571 Carlsbad Village
Drive within the Village Redevelopment Area of the City of Carlsbad; and
WHEREAS, as a condition of approval of Redevelopment Permit 94-07 and Coastal
Development Permit 94-08, the Owner and Lessee agreed to enter into a Public Parking Space Lease
Agreement for the purposes of providing parking opportunities for the approved restaurant and
microbrewery ; and
WHEREAS, the Lessee agrees to lease a total of seven (07) public parking spaces from the
Owner on property located at 630 and 632 Carlsbad Village Drive and 2970/76/92 Roosevelt Street
all upon the terms and conditions of this Lease.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained
herein, Owner and Lessee hereby agree as follows:
1. PREMISES.
The Owner hereby leases to Lessee seven (07) public parking spaces from those certain
premises (the "Premises") described on Exhibit "A" attached hereto located at 630 and 632 Carlsbad
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Village Drive and 2970176192 Roosevelt Street; APN 203-304-09 and 20, Carlsbad, California, where
a public parking lot is located. The seven parking spaces will not be in a specific location within the
Premises. The Owner shall operate, manage, equip, landscape, light, repair, clean and maintain the
Premises in a neat, clean and orderly condition, in compliance with all laws, and shall repair any
damage thereto which may occur as a result of Lessee use of said Premises. Owner agrees to allow
the public to use the Premises in the same manner as a public parking lot subject to Leesee's duty to
reimburse Lessor pursuant to Paragraph 6. Lessee agrees not to impede this public use in any
manner.
2. - TERM.
2.1 Term. The term of this Lease shall be for ten (10) Lease Years commencing on the
Commencement Date as defined below (the "Term"). If Lessor determines that Lessee has
permanently ceased the use described in Redevelopment Permit 94-07, the Owner or Lessee may
terminate this lease by delivering written notice to other party at least thirty (30) calendar days prior
to the effective date of termination; provided, however, such termination shall not affect the
indemnity agreement in Paragraph 4.
Commencement Date. The Commencement Date shall be the date of issuance of any
Certificate of Occupancy by the City of Carlsbad to the Lessee for the Carlsbad Village Brewery and
Public House as approved in Redevelopment Permit 94-07. No certificate of occupancy shall be
approved until this Lease has been approved and executed by the Owner. The "Lease Year" is a
period consisting of twelve (12) full calendar months commencing with the first day of a calendar
month on or after the Commencement Date and ending one (01) year thereafter.
3. RENTAL.
2.2
3.1 Rent. Beginning on the Commencement Date, Lessee shall pay to the Owner as rent for
each full calendar month from and after the Commencement Date the sum of Five Hundred Sixty-Fiv
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., Dollars and Fifty Cents ($ @ SO) per month during the Term subject imn e increases to the rent set
%I
forth in Section 3.2 of this Lease, for a minimum annual rent of Six Thousand Seven Hundred
Eighty-six Dollars ($6,786). Rent shall be payable in advance upon the first day of each calendar
month beginning on the Commencement Date. The rent for any fractional part of a month following
the Commencement Date and the first day of the first full calendar month subsequent to the
Commencement Date together with the first full calendar month of the Term shall be payable within
fourteen (14) days after the Commencement Date. All rents payable by Lessee shall be paid in lawful
money of the United States without deduction or offset and shall be paid to Owner at its address
pursuant to Section 12.2, or at such other place as Owner may from time to time direct in writing.
3.2 Rent Increases. The rent payable under the Lease shall be minimum of the rent payable
pursuant to Section 3.1 above increased by the method set forth below:
The annual rent set forth in Section 3.1 shall be the rent for the first two (2) years of this Lease.
Assuming an increase in the cost of living, the annual rent shall be adjusted upward at the expiration
of the first two (2) year period and at the expiration of each Lease Year thereafter. The rent
adjustment shall be calculated upon the basis of the United States Department of Labor, Bureau of
Labor Statistics Consumer Price Index of Urban Wage Earners and Clerical Workers, San
Diego Statistical Metropolitan Area Average, all items. Commencing at the end of Lease Year 2, the
rent adjustment shall be effective as of the first day of the first month following the expiration of each
lease year (the "Adjustment Date"). At each Adjustment Date, the annual rent due shall be adjusted
by the percentage increase, if any, between the rent charged the previous year ("Base") and the Index
published and in effect ninety (90) days preceding the Adjustment Date. In no event shall the rent for
any lease year be less than the rent for the previous lease year. When the adjusted rent is determined,
Owner shall give Lessee written notice of same indicating how the new figure was computed. If at
any Adjustment Date, the Index shall not exist in the same format as recited in this Section, Owner
shall substitute any official index published by the Bureau of Labor Statistics, or successor or similar
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.$ governmental agency, as m 9 then be in existence and which is, in 0 a J’S reasonable discretion
&.
most nearly equivalent to the Index.
3.3 Credit Towards In Lieu Fee.
If this Lease is terminated in accordance with the provisions of Paragraph 9 prior to
expiration of its term, because Lessee has elected to pay an in lieu fee instead of providing parking
spaces pursuant to this Lease, then Lessee shall receive a credit for the rent paid under this agreement
in an amount up to, but not in excess of, such in-lieu fee. Owner is not obligated to make any refund
of payment of rents in excess of any future in-lieu fee to Lessee.
4. INDEMNITY.
Lessee shall defend and indemnify and save harmless the Owner
and the City of Carlsbad from all claims, demands, causes of action
or suits of whatever nature arising out of the Lessee’s use of said Premises and/or use of said
Premises by Lessee’s employees, agents, independent contractors, invitees or business patrons, and
from and against all costs, attorney’s fees, expenses and liabilities incurred in the defense of any such
claim or any action or proceeding brought thereon.
5. USE AND COMPLIANCE WITH LAW.
5.1 Parking Lot Use. Lessee shall be allowed to jointly use and occupy the Premises solely
for the purposes of conducting and carrying on the operation of a surface public parking lot and for
no other purpose except as may be approved in writing by the Owner. Owner covenants that during
the Term, the Premises shall be provided as a surface public parking lot and for no other purpose,
unless approved by the Owner and subject to the conditions set forth in Section 5.2 of this Lease. Thc
Owner may, at its sole discretion, close the subject public parking lot at any time for special city-
approved events, maintenance activities and/or other eventdactivities which are deemed appropriate
by the City of Carlsbad or the Owner. The Owner shall provide the Lessee with a thirty (30) day
written notice prior to closure of subject public parking lot.
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5.2 Changes to Lo @ se. If the Owner approves an alternate u @ or the Premises, which is
consistent with the Redevelopment Plan, Village Design ManualILocal Coastal Program, and Carlsbad
Village Redevelopment Implementation Plan, at any time during the Term of this Lease, the Owner
shall use its best efforts to designate a total of at least seven (7) comparable public parking spaces to
be located within a reasonable distance of the Carlsbad Village Brewery and Public House as a
substitution for said public parking spaces identified within this Lease. The Owner shall provide the
Lessee with a minimum sixty (60) day written notice prior to initiation of any substitution of public
parking spaces to be covered by this Lease. The Redevelopment Agency has no duty to provide
substitute parking spaces and failure to provide substitute parking spaces shall not relieve lessee of its
duty to provide sufficient parking spaces under section 10 of this lease, the terms and conditions of
the redevelopment permit or City parking ordinances and standards.
6. MAINTENANCE AND REPAIRS.
Lessee shall not cause or permit any waste, damage or injury to said Premises. If damage is
caused by Lessee or Lessee’s employees, agents, contractors, subcontractors or laborers, then all
repairs, replacements and renewals shall be at the Lessee’s expense and at least equal in quality in
material and workmanship to that originally existing on said Premises as of the date of
commencement of the Lease between the Owner and Lessee.
7. ALTERATIONS AND ADDITIONS.
Lessee shall not have the right to make changes or alterations to said Premises, nor in any
event shall the Owner be required to make any alterations, rebuilding, replacement, changes,
additions or improvements or repairs to the Premises during the Term except as specifically provided
in this Lease.
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s 8. INSURANCE. 0 0 ..
The Lessee shall file a Certificate of Insurance with the Risk Manager of the City of Carlsbad
in the amount of one million dollars ($1,000,000) and shall indicate that the Carlsbad Redevelopment
Agency and City of Carlsbad are an additional insured. A valid certificate shall be provided annually
to the Risk Manager of the City of Carlsbad and be in effect for each day of the term of this Lease.
9. RENEWAL/TERMHNATION OF SUBLEASE.
9.1 Renewal. If agreed upon by both the Owner and Lessee, this Lease Agreement may
be renewed at the end of the ten-year term for an additional ten (10) Lease Years.
9.2 Termination. Termination of this Lease by either party does not relieve the Lessee
from the requirements of the conditions of Redevelopment Permit 94-07.
9.2.1 The Lease will automatically terminate upon termination of Redevelopment Permit 94-
07.
9.2.2 If City or Owner adopt an in lieu parking fee program for which Lessee is eligible to
participate, and under which Lessee elects to pay the in lieu fee applicable, Lessee may, upon thirty
(30) days notice, pay such fee and terminate this lease.
10. LESSEE’S OBLIGATIONS.
The parking requirements provided for in Redevelopment Permit 94-07 are those of the Lessee and
the Owner shall not for any period during which the Lessee operates said business be responsible for
any costs in providing said parking. Nothing in this Lease shall affect or waive the obligations of the
Lessee as stated in Redevelopment Permit 94-07 or any other City of Carlsbad permit or approval
granted for Lessee for the said project, or relieve the Lessee from its obligation to comply with City
ordinances and regulations.
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. 11. OUIET ENJO AT. e
Upon payment by Lessee of the rents provided herein, and upon observance and performance
of all of the covenants, terms and conditions on the part of the Lessee to be performed hereunder,
Owner covenants and warrants that patrons and employees of Lessee may peaceably and quietly enjoy
the use of said Premises for non-exclusive public parking spaces during the term of this Lease.
12. MISCELLANEOUS.
12.1 Waiver. The waiver by either the Owner or Lessee of any breach of any term,
condition or covenant contained herein shall not be deemed a waiver of such term, condition or
covenant on any subsequent breach of the same or any other term, condition or covenant contained
herein.
12.2 Notices. All notices, demands or other writings to be made, given or sent hereunder,
or which may be so given or made or sent by either the Owner or Lessee to the other shall be deemec
to have been given when in writing and personally delivered or if mailed as certified or registered,
and addressed to the respective parties at their addresses set forth below. The Owner or Lessee may
from time to time, by written notice to the other party designate a different address which shall be
substituted for the one specified herein:
Owner LESSEE
City of Carlsbad
Housing & Redevelopment Department
c/o Finance Department
1200 Carlsbad Village Drive
Carlsbad, CA 92008
12.3
Carlsbad Village Microbrewery
& Public House
c/o Brett Redmayne-Titley
1002 S. Tait Street
Oceanside, CA 92054
Exhibits. All Exhibits referred to in this Lease and attached hereto are hereby
incorporated herein by reference and made a part hereof as though herein set forth verbatim.
12.4 Time of Essence. Time is hereby expressly declared to be of the essence of this
Lease and of each and every term, condition and covenant hereof which relates to a date or period of
time.
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12.5 Constructio d The language in all parts of this Lease d) s dl1 in all respects be construed
as a whole, according to its fair meaning, and not strictly for or against either the Owner and Lessee.
The article headings in this Lease are for convenience only and are not to be construed as a part of
the Lease or in any way limiting or amplifying the provisions hereof.
12.6 Effect of Invaliditv. If any term or provision of the Lease or the application thereof
to any person or circumstances shall, or any extent, be invalid or unenforceable, the remainder of the
Lease, or the application of its term and provisions to persons and circumstances other than those to
which it has been held invalid or unenforceable shall not be affected thereby, and each term and
provision of this Lease shall be valid and enforceable to the fullest extent permitted by law.
12.7 Successors and Assigns. The Lease and the conditions and covenants herein shall be
binding and inure to the benefit of the Lessee only and shall not apply to the successors and assigns ol
Lessee, unless prior written approval is provided by the Owner. No successor and assigns shall be
permitted in conjunction with this Lease arrangement between the Owner and Lessee, without prior
written approval by the Owner. If approval is granted by Owner, all references in this Lease to
Lessee shall be deemed to refer to and include all permitted successors and assigns of Lessee.
12.8 Consents. Except as expressly provided in this Lease, where the consent or approval
of Owner or Lessee is required in this Lease, such consent or approval will not be unreasonably
withheld nor will the party giving such consent require the payment of any consideration for the
giving thereof. Owner’s request for indemnity by Lessee and/or its successor as a condition of
granting such consent shall not be considered as requiring payment of any consideration for purposes
of this Section.
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12.9 Entire Agr @ ent. This Lease and the Exhibits attach a, hereto contain the entire
agreement of the Owner and Lessee with respect to the matters covered hereby, and no other
agreement, statement or promise made by either Owner or Lessee, which is not contained herein,
shall be valid or binding. No prior agreement, understanding or representation pertaining to any such
matter shall be effective for any purpose. No provision of the Lease may be amended or added to
except by an agreement in writing signed by the Owner and Lessee.
12.10 Ouitclaim Deed. At the expiration or earlier termination of this Lease, Lessee shall
execute, acknowledge and deliver to Owner, within five (05) days after written demand from Owner
to Lessee, any quitclaim deed or other document reasonably required by any reputable title company
to remove the cloud of this Lease from the title to the real property which is the subject of this Lease.
IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the date set forth
above.
LESSEE OWNER
Carlsbad Village Microbrewery Housing and Redevelopment
Approved as to Form:
9
EXHIBIT "A" 0
DESCRIPTION OF PROPERTY
0
THE LAND REFERRED TO IN THIS SUBLEASE IS SITUATED IN THE STATE OF CALIFOR)
COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS:
LOTS 1 THROUGH 5, IN BLOCK 38 OF THE AMENDED MAP OF THE TOWN OF CARLSBAI
THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDIN(
MAP THEREOF NO. 775, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIE
COUNTY FEBRUARY 15, 1894.
TAX PARCEL NOS. 203-304-09 AND 203-304-20
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