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HomeMy WebLinkAboutColonial Mall; 1984-01-24;, . LEASE t THIS LEASE, made this 24th day of January, 1984 I between Colonial Mall, Ltd. hereinafter known as "Lessor", and City of Carlsbad I hereinafter known as "Lessee". IT IS AGREED between the parties hereto as follows: I - DESCRIPTION OF LEASED PROPERTY Lessor hereby leases to Lessee and Lessee hires from Lessor, on the terms and conditions hereinafter set forth, Space No. (4 0 w of 1207 Elm Ave., Carlsbad I County of San Diego, State of California, consisting of approximately 399 square feet, together with the non-exclusive right to use the - adjacent paved off-street parking area. II - TERM The term of this lease shall be for a period of 8 months m, commencing on February 1, 1984 and ending on September 30,1984mless sooner terminated pursuant to any provision hereof. -l- - III - RENT Lessee shall pay to Lessor, for rent of said leased pro- perty , the sum of Four hundred eighteen and 95/l()O**+*+*++++www ($rcla.gs ) per month as follows: $837.90 to be paid at the execution of the lease and to apply as rental for the following: First and Last months rent i $418.95 on the first day of each month com- mencing February 1, 1984 and continueing until September 30, 1984 . If necessary, the first month's rent will be prorated so that future monthly payments are due and payable on the first day of each month. IV - ADDITIONAL RENTAL dditional rental, Lessee agrees to upon demand, the ata share for any real es xes which may be assessed or sed on the propert and and building improvements, i roperty taxes for the fiscal year comment . As additional rental, Le also agrees to pay on a monthly basis any increase (or pro increase) of charges for water, sewer, trash pick- nd electr over the calendar year As additiona Lessee agrees to #pay, essee's prorata share any assessments for imposed on the repair of parking spaces whi be assessed or i property during the term -2- V - CLEANING DEPOSIT Lessee shall deposit with Lessor upon execution hereof $ (none) ASIS as a cleaning deposit to cover Lessor's expense of cleaning and repair upon Lessee vacating the property. If Lessee leaves the premises in substantially the same condition as when Lessee let the premises, save normal wear and tear, the deposit shall be returned to Lessee. VI - LATE CHARGES Lessee hereby acknowledges that late payment by Lessee of rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Accordingly, if any installment of rent or any other sum due from Lessee shall not be received by Lessor or Lessor's designee within ten (10) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to 6% of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charge by Lessor shall in no event constitute a waiver of 'Lessee's default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. -3- VII - USE OF THE LEASED PROPERTY Lessee shall use the leased property for the purpose of conducting City Business together with any incidental business in furtherance thereof. Lessee agrees not to commit, or suffer to be committed, any waste upon the leased property or any nuisances in or upon any part of the leased property. 4 VII - ALTERATIONS, MECHANICS LIENS Lessee shall not make, or suffer to be made, any alterations of the leased property, or any part thereof, without the written consent of Lessor. Unless Lessor requires their removal, all alterations, improvements, additions, including draperies, which may be made on the Premises, shall become the property of Lessor and remain upon and be surrendered with the Premises at the expiration of the term. Lessee shall keep the leased property free from any liens arising out of any work performed, materials furnished or obligations incurred by Lessee. IX - UTILITIES Lessor agrees to pay all charges for gas, electricity, water, trash pick-up, ground*and building maintenance, parking lot maintenance and landscaping. Lessee agrees to pay all charges for telephone, cleaning and maintenance of the inside of the leased property and any other commodities, conveniences or services used by Lessee, in, upon or about the leased property during the term of the lease. -4- x - REPAIRS AND MAINTENANCE Lessee, at sole expense of Lessee, shall keep and maintain the leased property in good and sanitary order, condition and repair, during the term of the lease, including, but not necessarily limited to interior walls, windows, doors and plate glass with the exception that Lessor shall be responsible for the roof, outside portion of the exterior walls, and structural portion of the building. Lessor shall also be responsible for all maintenance and repair to the off-street parking lot and the landscaping. XI - TAXES ON LESSEE'S BUSINESS AND PROPERTY Lessee shall pay, before the same becomes delinquent, and and all taxes, assessments, charges, licenses and demands levied upon or against the business of the Lessee conducted upon the leased property, together with the taxes upon all personal proerty of the Lessee used in or upon the leased property. XII - COMPLIANCE WITH LAW Lessee shall, at the sole cost and expense of Lessee, comply with all of the requirements of all Municipal, State, and Federal authorities now in force, or which may hereafter be in force, per- taining to the leased property, and shall faithfully observe in the use of the leased property all Munic-ipal ordinances, and State and Federal statutes now in force or which may hereafter be in force. The judgment of any court of competent jurisdiction or the admis- sion of 'Lessee in any action or proceeding against Lessee, whether Lessor be a party thereto or not, that Lessee has violatea any such ordinance or statute in the use of the leased prop,erty shall be con- clusive'of that fact as between Lessor and Lessee. -5- XIII - ASSIGNMENT OR SUBLETTING Lessee shall not assign this lease, or any interest therein, and shall not sublet the leased property or any part thereof, or any right or privilege appurtenant thereto, or suffer any other persons (the agents and servants of the Lessee excepted) to occupy or use the leased property, or any portion thereof, without the prior written consent of Lessor. A consent to one assignment, subletting, occupation or use by another person shall not be deemed to be a consent to any subsequent assignment, subletting, occupation or use by another person. Any such assignment or subletting, without such consent, shall be void and shall, at the option of Lessor, terminate this lease. This lease shall not, or shall any interest therein, be assignable, as to the interest of Lessee, by operation of law, without written consent of Lessor. Lessor agrees not to unreasonably withhold its consent to any assignment or subletting. XIV - LESSOR TO BE HELD HARMLESS Lessee, as a material part of the consideration to be rendered to Lessor, hereby waives all claims against Lessor for damages to goods, wares and merchandise, in, upon or about the leased property, and for injuries to Lessee, his agents, or third persons in or about the leased property from any-cause arising at any time except for ' causes resulting from the condition of the property over which the Lessor has or exercises control or from the negligent or willful acts or omissions of Lessor. Lessee will hold Lessor exempt and harmless from any damage or injury to any person, or to the goods, wares, and merchandise of any person arising from the use of the leased property -6- by Lessee, or from the failure of-Lessee to keep the leased property in good condition and repair, as herein provided except for injury caused by the condition of the property over which the Lessor has or exercises control or from the negligent or willful acts or omissions of Lessor. xv - NONLIABILITY OF OWNER FOR DAMAGES This lease is made upon the express condition that Lessor is to be free from all liability, and claim from damages by reason of any injury to any person or persons incuding Lessee, or property of any kind whatsoever and to whomsoever belonging, including Lessee, from any cause or causes whatsoever while in, upon or any way connected with the leased property during the term of this lease or any extension hereof or occupancy hereunder, Lessee hereby convenanting and agreeing to indemnify and save harmless Lessor from all liability, loss, cost and obligations on account of or arising out of any such injuries or losses however occuring except for injuries or losses caused by the condition of property over which the Lessor exercises control or from the negligent or willful acts or omissions of Lessor. . . . . . . . . . . . . . . . . . -7- . XVII - REMEDIES OF LESSOR ON DEFAULT Should default be made in the payment of any of the rent to be paid hereunder and such default continue for a period of ten (10) days after written notice from Lessor to Lessee, or should default be made in the performance or observance of any other condition or covenant herein required to be performed or observed by Lessee, and such default continue for a period of thirty (30) days after written !.* : notice from Lessor to Lessee specifying such default, then in any such event and in addition to any and all other rights or remedies of Lessor hereunder and/or by law provided, it shall be lawful for Lessor, at sole option of Lessor, to declare the term hereof ended and to re-enter the leased proeprty and take possession thereof and remove all persons therefrom and Lessee shall have no further claim thereon or hereunder; provided, however, that if the default com- plained of (money payment excepted) is of such a nature that the same cannot be rectified within the period allowed for curing such default, then such default shall be deemed to be rectified if Lessee shall have commenced within such period to comply with the provisions hereof which have been breached by it, and if Lessee shall, with all diligence, proceed to rectify such default; or Lessor, at option of Lessor, and without declaring this-lease ended, may r-e-enter the leased property and lease the whole or any part thereof for and on account of Lessee for a term greater or lesser than the remaining balance of'the leased term, alqd on such other terms and conditions and for such reasonable rent as Lessor may deem proper, and'may col- lect said rent or any other rent that may thereafter become payable and appl; the same toward the amount due or thereafter to become due from Les.see and on account of the reasonable expenses of such -8- . . L subletting incurred by Lessor. Should such rental be less than that herein agreed to be paid by Lessee, Lessee agrees to pay such deficiency to Lessor and to pay to Lessor, forthwith upon any such reletting, the costs and expenses Lessor may incur by reason there- of. XVIII - INSOLVENCY, RECEIVER Either the appointment of a receiver to take possession of all or substantially all of the assets of Lessee, or a general as- signment by Lessee for the benefit of creditors, or any action tak- en or suffered by Lessee under any insolvency or bankruptcy act shall constitute a breach of this lease by Lessee. XIX - ATTORNEY'S FEES In the event of the bringing of any action by either party hereto as against the other hereon or hereunder, or by reason of the breach of any covenant or condition on the part of the other party, or arising out of this lease, then and in that event the party in whose favor final judgment shall be entered shall be en- titled to have and recover of and from the other reasonable attor- ney's fee& to be fixed by the Court wherein such judgment shall be entered. xx - FIRE INSURANCE Lessor shall be responsible for carrying the necessary fire in- surance on the building and the improvements on the leased property. Lessee shall be responsible for carrying the necessary fire \ insurance on its own fixtures, equipment, inventory and stock and all other items located on the leased property belonging to.Lessee. , -9- XXI - DESTRUCTION OF LEASED PROPERTY In the event of any partial destruction of the said leased property during the said terms, from any cause, Lessor shall forthwith repair the same, provided such repairs can be made within ninety (90) working days under the laws and regulations of State, Federal, County or Municipal authorities, but such partial destruction shall in no way annul or void this lease, except the Lessee shall be entitled to a proportionate deduction to be based upon the extent to which the making of such repairs shall interfere with the business carried on by Lessee in the said leased property. If the repairs cannot be made in ninety (90) working days, Lessor may, at his option, make same within a reasonable time, this lease continuing to be in full force and effect and the rent to be proportionately rebated as aforesaid in this paragraph provided. In the event the Lessor does not so elect to make such repairs which cannot be made in ninety (90) working days, or such repairs cannot be ma'de under such laws and regulations, this lease may be terminated at the option of either party. . . . . . . . . . . . . . . . . . . . . . . . . _. -lO- In the event that the building in which the leased property may be situated be destroyed to the extent of not less that 33 l/3 percent of the replacement cost thereof, Lessor may elect to ter- minate this lease, whether the leased property be injured or not. i. A total destruction of the building in which the said leased pro- perty may be situated shall terminate this lease. In the event of any dispute between Lessor and Lessee, rela- tive to the provisions of this paragraph, they shall each select an arbitrator, the two arbitrators so selected shall select a third arbitrator and 'the three arbitrators so selected shall hear and determine the controversy and their decisions thereon shall be final and binding upon both Lessor and Lessee, who shall bear the cost of such arbitration equally between them. XXII - NOTICE Any and all notices or demands by or from Lessor to Lessee, or Lessee to Lessor shall be in writing. They shall be served either personally or by certified mail, return receipt requested. If-served personally, service shall be conclusively deemed made at the time of service. If served by certified mail, service shall be conclusively deemed made forty-eight (48) hours after deposit thereof in the United Statqs*mail, postage prepaid and certified mail fee prepaid, addressed to the party to whom such notice or de- mand is to be given. Any notice or demand.& Lessor may be given to Lessor at: 1207 Elm Avenue, Carlsbad, California 92008, or to such other address as Lessor may from time to time indicate in writing. -11- Any notice or demand to Lessee may be given to Lessee at: Address established for the leased property or to such other address as Lessee may from time to time indicate in writing. XXIII - WAIVER The waiver by Lessor of any breach of any term, covenant or condition herein contained shall not be deemed to be waiver of such term, covenant or condition herein contained. The subsequent acceptance of rent hereunder by Lessor shall not be deemed to be a waiver of any preceding breach by Lessee of any term, covenant or condition of this lease, other than the failure of Lessee to pay the particular rental so accepted, regardless of Lessor's know- ledge of such preceding breach at the time of acceptance of such rent. XXIV - HOLDING OVER Any holding over after the expiration of the said term, with the consent of Lessor, shall be construed to be a tenancy from month to month, at the rental specified in this lease, and shall other- wise be on the terms and conditions herein specified, so far as applicable. xxv - OPTION TO RENEW It is further agreed that, in the event that Lessee fulfills all of the terms and provisions of this lease during the terms hereof, Lessee shall have the right and option to renew or extend this lease for a further term of One (1) years, commencing at the expiration of the original term, under the same terms and conditions as provided for herein, with the exception of the rental price. The rental price for the new term of One (1) years shall be determined and agreed upon by the parties hereto. -12- Should there by an inability to agree upon said monthly rental, each party shall select an arbitrator and the two arbitrators shall determine the reasonable rental value of the premises for the additional term of One (1) years and both parties hereby agree to be bound by the amount so determined by the said arbi- trators. Notice of the exercise of such option shall be given by Lessor at least sixty (60) days before the expiration of the term of this leas, which notice must be in writing; and it is expressly agreed by and between the parties that time is of the essence in the giving of said notice. XXVI - CONTROL OF OFF-STREET PARKING In reference to the off-street parking, Lessor shall have the right to adopt rules and regulations for the use of the off-street parking by Lessee and shall have the right to designate specified parking areas for Lessee, employees of Lessee and the general pub- lic. Any non-compliance with said rules and regulations or said designated parking areas shall constitute a breach of this lease by Lessee. XXVII - SIGNS Lessee shall have the right to display in or upon the leased property customary trade signs, relating only to the business for which the leased property is leased. The character and location of said signs shall be subjeck to the written approval of Lessor. Lessee shall not place'any projecting sign, marquee or awning on the front of the elased property without the written consent of Lessor. It,is further agreei that Lessee shall conform to the -13- sign ordinance of the City of Carlsbad and pay any and all costs connected with the installation of hny signs,‘marquee or awning, including, but not limited to, any permits or fees required by City of Carlsbad. XXVIII - CAPTIONS The title or headings to the paragraphs of this lease are not a part of the lease and shall have no effect upon the con- struction or interpretation of any part thereof. It. is hereby agreed that the singular wherever used herein shall include the plural, and the masculine, the feminine. XXIX - BINDING ON SUCCESSORS The covenants and conditions herein contained shall, sub- ject to the provisions as to assignment, apply to and bind the heirs, successors, executors, administrators and assigns of all the parties hereto. IN WITNESS WHEREOF, Lessor and Lessee have executed this lease the day and year first above written. LESSOR LESSEE By: ROB&T L: WATSON COLONIAL MALL, LTD. ' GENERAL PARTNER ' FRANK ALESHIRE CITY MANAGER CITY OF CARLSBAD -14- .- CARLSBAD INVESTMENT CORPORATION REAL ESTATE INVESTMENTS 1st and 2nd MORTGAGE LOANS GENERAL BUILDING CONTRACTORS b P. 0. Box 275, Carlsbad, California 92008 (714) 729-8633 October 30, 1984 This addendum is for the purpose of’ an agreement made between The City of Carlsbad (lessee) and Colonial Mall, Ltd. (lessor) that the lease dated January 24, 1984 be extended for an additional term commencing on October 1, 1984 thru June 30, 1985. All other terms and conditions of said lease will remain in full force and effect. And by affixing our signatures here to, the extention has been granted and excepted. FRANK ALESHIRE CITY MANAGER COLONIAL MALL, LTD. CITY OF CARLSRAD i/ -