HomeMy WebLinkAboutColonial Mall; 1990-05-15;-t “,;., L *.; ’ 1: _ ‘,1 - 1 ‘, : ’ vi.- -.,__, . +
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LEASE
THIS LEASE, made this /5 day of
I .,,, between CULoN/AL &k-L /1 ," '"MT *. i. ,i , ,i" ' '3.: :' :
hereinafter known as "Less>r*', fL ":j* .-. j. '1 '.
and
e/tr d!F ClpR,seb
I 'r ;j,;$
I!: &.' I i ,‘.',<l ..).I . I '.I,'& ..(i ./ ','J'
hereinafter known as "Lessee".
IT IS AGREED between the parties hereto as follows:
I- DESCRIPTION OF LEASED PROPERTY
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Lessor hereby leases to Lessee and.Lessee hirer; from Lessor, ,.I,;
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on the terms and conditions hereinafter set forth, Space No. i, : ,l ,:
qqy4- of /2~7~~46,&~*~&~, County of San Diego, ;;e: ::. ,. /, "',
State of California, consisting of approximately /I 357 ' ': - ,. ,, :,, ;$,i: square feet, together with the n3n-exclusive righr tc use the :' :;'z .I,
adjacent paved off-street parkirig area.
II - ?T;RM
The term of this lease shall Qe for a period of I
year$, commencing on LAW /, 1990 and ending
on v/un/E 34 /99/ unless sooner terminated pursuac,t to any .-
provision hereof. &sssE 0cE-.iQL//RGb 72 MJnFY
LE5500e A&9 &??YS pR/oA 72 77%4E &v&vG OF /WV
Le?SG PE;4/03-
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. III - RENT
Lessee shall pay to Lessor, for rent of said leased pro- :' I::
per% the sum of /5leiw&dMEi kG?c/f& ?A7 pocws ',:-::::'
($//54?3;0 1. ) per month as follows: .-: ".
$ 2,8&.05 to be paid at the execution of the lease and to apply as rental for the following:
$//SM~ on the first day of each month com- menclng &u6us7' 4 /Wu and continueing until
lh!ME 30, - ,- 1 P?/ *
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’ , If necessary, the first month's rent will be prorated so that 1.". :
future monthly payments are due and payable on the first day of ':I~'
each month. : / ". .- : : s:
IV - ADDITIONAL RENTAL .,-
As additional rental, Lessee agrees to pay, upon demand, the ,'.1:"i(',' ..' i Lessee's prorata share for any real catate taxes which may be ,
assessed or imposed on the property for land and b!:ilding .!'. ! '_
improvements, in excess of the real property taxes ior the .
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fiscal year commencing d-89 and ending 6-90 ,* ‘;”
I .,,. ,; As additional rental, Lessee also agrees to pay on a monthly basis ;i,;z' Y,.'
any increase (or prorata share af increase) of c2;:rges for water, ,." r. !, ",
sewer-, trash pick-up and electricity ever the calendar year ~.. 11;
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ending /98? . As additional rental, Lessee agrees to pay,"'!:
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‘?- upon demand, the Lessee's prorata share for any assessments for ,: .,"I ,
maintenance or repair of parking spaces which may be assessed or ' ,': \ j,?,Td" imposed on the property during the term d the lease. I :+,;: ../:. ? "j *Lg.'
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-. V- CLEANING DEPOSIT -, 'is 8 .:.'
Lessee shall deposit with Lessor upon execution hereof
$ 25o.ou a non-refundable cleaning deposit to ; as
of cleaning and repair upon Lessee b,> cover Lessor's expense ! '; ,
vacating the property.
VI LATE CHARGES * ,i,,
Lessee hereby acknowledges that late payment by Lessee
of rent and other sums due here,under hill cause Lessor to
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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 : :' i: 'I ,:,
not be received by Lessor or Lessor's designee within ten (10) ' ~('
days after such amount shall be due, then, without any require- ‘:
> ", i ment 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 rteasonable ',^ ..
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estimate of the costs Lessor will incur by reason of late pay- .."iy '. ,'
8 ment by Lessee. Acceptance of such late charge by Lessor shall :(. * i>;t~ in no event constitute a waiver of Lessee's default with respect ,a.' ,:
to such overdue amount, nor prevent Lessor from exercising any ,fj"'
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VII - USE OF THE LEASED PROPERTY . ;'.. \,..
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Lessee shall use the leased property for the purpose of " .
conducting hw h-Y &= c?keuk?~ tf3&!!/4&-5J
together with any incidental business in furtherance thereof.
Lessee agree not to commit, or suf:eer to be ccmmitted, any waste Y
upon the leased property or any nuisances in or upon any part of ',
the leased property. .:I
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VII - ALTERATIONS, MECHANICS LIENS , .'-< ,* :
Lessee shall not make, or suffer -Co be made, any alterations :,:;,: s .. ..;
. of the leased property, or any part thereof, without the written ,; i ; consent of Lessor had and obtained. Unless Lessor requires their '.( < ': '$
removal, all alterations, improvements, additions, including
draperies, which may be made on the Premises, shall become the
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Premises at the expiration of the term; Lessee shall keep the; ',, L, :a,. ,,,:' .,'-:
leased property free from any liens arising out of any work perform-,:'
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ed, materials furnished or obligations incurred by Lessee. .'* .' .\ .
IX - UTILITIES '. :c L ,.,"j.: ,;"'!.
Lessor agrees to pay all charges for water, trash, pick-up, :--':'i. . ,!
ground and building maintenance, parking lot maintenance and land-',";‘
. scaping. ( C', I
Lessee agrees to pay all charges for gas, electricity, tele- '..
phone, cleaning and maintenance of the inside t>f the leased prop- '
erty and any other commodities, convenZ.ences or services used by ,' ;.*
Lessee, in, upon or about the leased property during the term of ;""'
the lease.
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.I X- REPAIRS AND MAINTENANCE 4 I 2. i.
Lessee, at sole expense of Lessee8 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 -I'
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: /"I
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 'y .:,.
. authorities now in force, or wi:icF; may hereafter be in force, per- :.:',):. ., r, ,' ,*. taining to the leased property, and shall faithfully observe in the
(' q, use of the leased property all Municipal ordinances, and State and,“.;'
Federal statutes now in force or which may hereafter be in force. :-‘S"*i:
The judgment of any court of competent jurisdiction or the admis- ' " I : sion of Lessee in any action or proceeding against Lessee, whether v'
Lessor be a party theieto or not; that Lessee has violated any such ':'
ordinance or statute.in the use of the leased propc-.rty shall be con-:-:
elusive of that fact as between Lessor and Le:;see. 0 -
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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 l:i
persons (the agents and servants of the Lessee excepted) to occupy jj,,
or use the leased property, or any portion thereof, without the
prior written consent of Lessor. A consent to one assignment, sub-, ':
letting, occupation or use by another person shall not be deemed to L,
be a consent to any subsequent assignment, subletting, occupation ,;
or use by another person. Any such assignment or subletting, with-.."? .
out such consent, shall be void and shall, at the option of Lessor,
terminate this lease. This lease shall not, or shall any interest ,I
'therein, be assignable, as to the interest of Lessee, by operation
of law, withoutwritten consent of Lessor. Lessor agrees not to -. *
unreasonably withhold its consent to any assignment or subletting. ', ,
XIV - LESSOR TO BE HELD HARMLESS :o :
Lessee, as a material part of the considnration to be rend- ::
, ered to .Lessor, hereby waives all claims against Lessor for dam- ~1,: ,I. ages to goods, wares and merchandise, in, upon or about the leased '.: ';
property, and for injuries to Le:';see, his agents, or third persons
-in or about the leased property from any cause arising at any time. .':
and Lessee will hold Lessor exemp'c and harmless from any damage
or injury to any person, or to the goods, wares, and merchandise "
of any person arising from the us12 of the leased property by Les- '. \
see, or from the failure of Lessee to keep the leased property in ',',ij ;.,. .I :
good condition and repair, as herein provided. ;s. '1 ,;. * 1.,
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xv - NON-LIABILITY OF OWNER FOR DAMAGES ', -I~/ I! ,' .j.:
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This lease is made upon the express condition that Lessor is I" ;
to be free from all liability, an'd claim from damages by reason of ,?
any injury to any person or persons including Lessee, or property' ,' 1
of any kind whc+tsoever and to whomsoever belonging, including Les- "b.,
see, from any cause or causes whatsoever while in, upon or any way ';.,:, i. connected with the leased peoperty during the term of this lease or 'lL' - i.
any extension hereof or occupancy hereunder, Lessee hereby coven-' :. : :: anting 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.
XVI - LIABILITY INSURANC.'?
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IS Lessee further agrees to take out and keep in force and effect,":? :.
during the life-hereof at Lessee's expense, public liability insur-" t:'
ance'in companies acceptable to,t:le Lessor to protect against#any ':',
liability to the public incident to the use of or resulting from .',",
any accidents occurring in or about the leased Froperty, the liabiliti
, under such insurance to be no less tha t $300,000.00 for any one per-'::,,
son injured, or $500,000.00 fo r any one accident, or lOO,OOO.OO for"'"'
property damage. These policies shall insure the contingent lia- .' ,'.
‘bility of Lessor and are to be placed with Lessor, and Lessee is to:.*!
obtain a written obligation on the part of the insurance carriers', I,: .g
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to notify Lessor in writing prior to any cancellation thereof, and' '
Lessee agrees, if Lessee does not keep such insurance in full force ..I
and effect the Lessor may take ou:: : ,.i! the necessary insurance and pay i. i
'the-premium and the repayment thereof shall be deemed to be part of']!' .',
the rental and payment,.as'such on the next day upon which the rent 'it.;
: : / becomes due. w :. "
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XVII - REMEDIES OF LESSPR ON DEFAULT /i ;, c ‘. I Should default be made in the payment of any of the rent to '
be paid hereunder and such default continue for 3 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 I .' ',I J
such event and in addition to any and all other rig?lts or remedies 1 -'I
of Lessor hereunder and/or by law provided, it shall be lawful for j ;,'a, 'f
Lessor, at s0ie option of Lessor, :. to declare the term hereof ended :"
and to re-enter the leased proeprty and take possession thereof and’!:;tg
remove all persons therefrom and Lessee shall have no further claim:,'.
thereon or hereunder; provided, however@ that if the default corn- ':'i ,:
plained of (money payment exce:pted) is of such a -lature that the ',;:
same cannot be rectified within'the period allow:,;d for curing *such $" .'(
default, then such default shall be deemed to be rectified if Lessee";;
shall have com!menced within such period to comply with the provision&'
hereof which have been breached by it, and if Lessee shall, with all" B diligence, proceed to rectify such default; or Lessor, at option of":::': -.,;
Lessor, and without declaring this lease ended, may re-enter the ,;"',"r ,i
.leased property and lease the whole or any part thereof for and on
account of Lessee for a term greater c)r lesser than the remaining ',
balance of the leased term, and on such other terms and conditions '.,. .:
and for such reasonable ;ent as Lessor may deem proper, and may col+.: '+ ,. I
lect said rent or any other rent that may thereafter become payable-;,? .i, ::. - .' z:
and apply the same toward the.amount due or thereafter to become I, .',;' / c * due from Lessee and on account of the reasonable rrxpenses of such l,,Xi, - ,.- a, ', c,:..;
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subletting incurred‘by Lessor. Should such rental be less than
that herein agreed to be paid by Lessee, Lessee agrees to pay such '\
deficiency to Lessor and to pay to Lessor, forthwith upon any such
reletting, the costs and expenses' Lessor may incur by reason there- '
of.
XVIII - INSOLVENCY, RECEIVER I I
Either the appointment of a receiver to take possession of I -4
‘ all or substantially all of the assets of Lessee, or a general as- 7
signment,by Lessee for the benefit of creditors, or any action tak-
en or suffered by Lessee under any insolvency or bankruptcy act shall.'
-:. constitute a breach of this lease by Lessee. :
:.' XIX - ATTORNEY'S FEES
In the event of the bringing of any action by either party 1-1
hereto as against the other hereon or hereunder, 01~ by reason of -,$
the breach of any covenant or condition on the part of the other ,
party I or arising' out of this lease, then and in that event the : /
party in whose favor final judgment shail be entered shall be en- ,. I
. titled to have and recover of and from the ot:her reasonable attor-. ."
ney's fees to be fixed by the ' ,;',~ r:ourt wherein such judgment shall be ".
entered. ;:
xx - FIRE INSURANCE :- 1 , '
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 forcarrying the necessary fire ': ,
insurance on its own fixtures, equipment, inventory and stock and ~
all other items located on the leased property belonging to Lessee;. ', . I I
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. the hiring before the,end of the term agreed upon.
XXI - DESTRUCTION OF LEASED PROPERTY
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!. ., In the event of any partial destruction of the said leased ",-'"
property during the said terms, from any cause, Lessor shall forth- ',
with repair the same, provided such repairs can be made within
ninety (90) working days under the laws and rl>gulations of State, c
Federal, County or Municipal authorities, but such partial destruc-
tion shall in no way annul or void this lease, except the Lessee _: -',' '
shall be entitled to a proportionate deduction to be based upon ' 1
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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 con- ' 1.
tinuing to be in full force and effect and the rent to be proport- "'
ionately rebated as aforesaid in this paragraph provided. In the "'; >
event the Lessor does not so elect to make such repairs which can-“,=, , I_
not be made in ninety (90) working da;?%, or such repairs cannot be '*':i:* . : " made under such laws and regulations, this lease nlc;y be terminated '.
at the option of either party.
In respect to any partial destruction which Lessor is obli- ',' ! 2' '1
gated to repair or may elect to repair :lnder the terms of this '?'
paragraph, the provisions of Section 1932.2 and ?;ection 1933.4 of, ", i,
the Civil Code of the State of California, are ?,aived by Lessee. :;".: :
The pertinent sections, above referred to, of the Civil Code " ,_I.
of the State of California read z.s follows: \
Section 1932. The hirer of a thing may terminate I. : JI, ,. yy:,.. (2) When the greater part of the thing hired, or that part which the Jeteer had at the time of the hiring reason to believe was the material inducement to the hirer to enter into the con- tract, perishes from any other cause than the
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,.,. Section 1933. The hiring of a thing terminates: ,_
(4) By the destruction of the thing hired.
In the event that the building in which the leased property r;
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.
A total destruction of the building in which the said leased pro- ." ‘i : ,. i perty may be situated shall terminate this lease. "
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In the event of any dispuke betw$?en Lessor and Lessee, rela- ", s> tive to the provisions of this paragraph, they shall each select
an arbitrator, the two arbitrators so selected sb-nli select a third
arbitrator and the three arbitrators so selecte! shall hear and
determine the controversy and their decisions thereon shall be '_
final and bilding upon both Lessor and Lessee, who shall bear the -,$ J . . cost of such arbitration equally between them. ,
XXII - NOTICE ‘. ,: I /_
* 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 ma5*:!, return receipt requested.
If served -personally, service shall be conclusivei;.: deemed made at
the time of service. If served by ce::tified mail, service shall
be conclusively deemed made forty-eight (48) hours after deposit " "
thereof in the United States mail, postage prepaid and certified ; /.:
mail fee prepaid, addressed to &he party to whom r;uch notice or de-. '"
mand is to be given. : ,,'
.e . .-) Any nOtke or demand to. LeSE'jor may he! gi.ven to Lessor at: .- * 1207 Zlm Avenue, Carlsba:'l, California 92008, or to such other addresS as :Lessor may from time
to tiae indicate in writing.
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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 tiinFz 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 1) 1" .1 . . '
a waiver of an:? preceding breach by Lessee of any term, covenant :
or condition of this lease, other that the failure of Lessee to
pay the particular rental so accepted, regardless r:f Lessor's know-,
ledge of such preceding breach at the time of accep;.ance of such
rent. '. : ,- XXIV - HOLDING GVER
Any holding over after the' expiration of the said term, with ,(" ' '. the consent of Lessor, shall be constr!led to be d tenancy from month h
to month, at the rental specified in this lease, and shall other-
wise be on the terms and conditians herein specified, so far as ,:_L
applicable. ;i:
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xxv - OPTION T3 RENEW /
It is further agreed that, in the event that Lessee fulfills _~ '( r,:.ctl all of the terms and provisions of this lease durinrr the terms '..
hereof, Lessee shall have the right and opticn to renew or extend ' _*.
this lease for a further term of s x)cy yC'!ars, commencing at ;,. ,.
the expiration of the original ,term, under the same terms and : ,i'
" :,: conditions as provided for herein, wit!! the exception of the
rental price. The rental price for 'the new term cf s xx)c '," w
years shall be determined and agreed upon. by the Farties hereto, :I
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Sho\.:ld thr:re by dn 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 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 Leswr at leas" sixty (60) days before the expiration of the
term c:f 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 1 the giving of said notice.
XXVI - CQNTROL OF OFF-STREET PARKING
. In reference to the off-street parking, Lessor shall have the
right tc: adopt rulps and regulations for the use of the off-street
parking by Lessee and shwll have the rigl,;t to designate specified
park:'i.ng areas for Lessee, employees of Lessee and the general pub-
lit. 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 sllbject 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
Les.s9r. Zt is further agreed that Lessee shall conform to the
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sign ordinance of the City of Carlsbad and pay any and all costs
connected with the installation of any 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 contruction 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, subject to
the provisions as to assignment, apply to and bind the heirs,
successors, executors, administrators and assigns of all the parties
hereto.
xxx - OPTION PERIOD AND LEASE PAYMENTS
TERM LEASE PAYMENT
July 1, 1991 - June 30, 1992 $1,630.80/month July 1, 1992 - June 30, 1993 $1,698.75/month
July 1, 1993 - June 30, 1994 $1,766.70/month
the
By:
IN WITNESS WHEREOF, Lessor and
day and year first above written.
LESSOR
Lessee have executed this lease
LESSEE
1 Corporation
City of Carlsbad
July 2, 1990
Colonial Mall
1207 Elm Ave.
Carlsbad, CA 92008
Attn: Manager
The Carlsbad City Council, at its meeting of June 26, 1990,
adopted Resolution No. 90-193 approving a lease agreement for
Suites M, N, 0, and T located in the Colonial Mall.
Enclosed for your records is a copy of the fully executed lease
agreement as well as a copy of Resolution No. 90-193.
Encs.
c: U/M Director
7200 Carlsbad Village Drive - Carlsbad, California 92008 - (619) 434-2808