HomeMy WebLinkAbout1983-12-06; City Council; 7379-3; Lease Agreement La Costa Branch Library�% L
CITY OF CARLSBAD AGENDA -,L L
AE T TLE: APPROVE LEASE AGREEMENT FOR BRANCH LIBRARY DEFT.
MTG. 12/6/83 HD
IN PLAZA DE LA COSTA SHOPPING CENTER CITY ATTY
DEPT. L I
t3
RECOMMENDED ACTION: CITY MGR.%2-0—
Adopt Resolution N/d authorizing the Mayor to execute a lease agreement
fora Branch Library in Plaza di la Costa Shopping Center.
ITEM EXPLANATION:
At its November 1, 1983 meeting, Council approved Agenda Bill 7379, Supplement d2
approving the concept of leasing space for a Branch Library in Plaza de is Costa
Shopping Center.
FISCAL IMPACT:
Funds are available in CLSA Branch Library account 18-81-01-3900.
EXHIBITS:
I. Resolution No.�p
2. Lease Agreement -- Exhibit "A".
Q
•W
Q
CL
a-
Q
Z
_0
F..
V
d
U
Z
M
0
V
t
K
I) r�
l RESOLUTION NO. ' 7410
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AUTHORIZING EXECUTION OF LEASE AGREEMENT FOR
3 BRANCH "LIBRARY IN -PLAZA -DE LA COSTA SHOPPING CENTER
4 WHEREAS, the City Council of the City of Carlsbad, California has
5 determined that it is in the best interest of the City to enter into a lease
6 agreement for space in the Plaza de la Costa Shopping Center for a branch library
7 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
8 Carlsbad, California, as follows:
9 1. That a certain agreement between the City of Carlsbad and Plaza de
10 la Costa Shopping Center, a copy of which is attached hereto marked Exhibit "A"
3.1 and incorporated herein by reference, is hereby approved.
:L'21 2. That funds are available to CLSA Branch Library account 18-81-01-3900.
13 3. That the Mayor of the City of Carlsbad is hereby authorized and
14 directed to execute said lease, for and on behalf of the City of Carlsbad.
15 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council
16 of the City of Ca<lsbad, California, on the 6th day of December , 1983
3.7 by the following vote, to wit:
18 AYES: Council Members Casler, Lewis, Kulchin, Prescott and Chick
19 NOES: None
20 ABSENT: None
21 %I
22 -- ` _..
23 MARY H. CA ER, Mayor
ATTEST:
24
25
26
27 ALETHA L. RAUTENKR N , City C erk
28 (SEAL)
I
STANDARD COMMERCIAL LEASE
THIS LEASE, dated for reference purposes only this t Sth tray of —� tluleber
is made betwom Dl dr La Costa Associates
"Landlord") aad City of CarlsbaJ fibre' (the
--•-�_ Y - la Costa Oraneh
(the "Tenant").
1. PREMISES. •Landlord hereby leases to Tenant and Tenant hires from Landlord on the terms, covenants and
eanditions set forth herein, those premises crosshatched on Exhibit IN, attached hereto, (the "Leased Premises,,).
9nd.incorporated by reference herein. The Leased Premises, approximately
at H E1 Casino Real, Carlsbad, California 92008 nnn• squarefeet, islocated
"(Said square footage of the leased premises to be field neasured 2• MINIMUM RENT. within 00 days of franc execution)*
2.01 Tenant agrees to pay Landlord as minimum rent (rent). without notice, demand, deduction, or offset, the
Monthly sum of S I Sao *
in advance on 1110 irstof cach and every successive calendar
re
month during the term —hereof, except the first month'srtentoshall be pa daupon execution hereof. The rent shall
cppmmente
'(P.ental to be iquart °foo�ageoofthe
thedate
leased precisesche
too6etFieldm�easuredPremises
uithinyJOCity
sfofaleasede
"as is" condition to work to be perfo—�aodlo Said d y Cu
O Upon substantial completion of Landlord's work as s
business, whichever is sooner. The �isdeflnecl
or when the Tenant opens for
ford or its architec antial completionas the date on which La d e
of - nani in writing
s work specified that the premises are substantially complete to the extent
in said Exhibit 8, with the exception of such work as Landlord cannot
2.02 Rent for an �svQ r
y period which is for fens than one month shall be a prorated portion of the monthly rental
baud upon a thirty (30) day month. Tenant acknowledges that late payment by Tenant to Landlord of rent or other
cams due hereunder will cause Landlord to incur certain costs not contemplated by this lease, the of
not limited to, a
which would beextremaly difficult and impractical to ascertexact amount of
ascertain. Such costs include, but are processing
and accounting charges, and late charges which may be imposed on Landlord by the terms of any trust deed cove --fag
the Leased Premises. Therefore, in the event Tenant shall fail to pay any installments of rent or any sum due here•
under after such amount is due, Tenant shall pay to Landlord as an additional rent a late charge equal to Five (5%)
Percent of each such installment or other b6. A S5.00 charge will be paid by the Tenant to the Landlord for each
returned check, in addition to the late charge.
of all the provisions of this Lease, If at any time during the time herey extension her i
default inpaymentofrentoranyother sum due Landlord hereunder,landlor �Y�er s-kid
s ialPif-It be in
` deposit for such payment. Landlord may also apply all Y a 10 a part of the security
Premises during or upon termination of th eii-1 is t e deposit to repair damages to the Leased
to Landlord
a like cam as additional s ri f�sz, i�wcrdlt at the terminaIn tion of this Lease. ch event Landlorshall yd shall return
the depo ' Trsiant, LandlorIN I
d shall noeep thissecurity deposit separate from its general funds,
-- --• • ,•, uua-irrar
-U.S. city Average-A11 Items (Index) a$ published by the United States Department of Labor's 8utea,
abor
Statistics, increases over the base period index. The base period index shall be the Index for tea >�ndar month
which is four months prior er the month in which the renta!s commence (the month a d=tYearly anniversary
thereof in which the rent hereunder commences shall be known as the rental mencement month). The base
Period index shall be compared with the Index for the same calendar m or each subsequent year (comparison
month). If the Index for any comparison month is higher than t ass period index, then the rental for the next
year sha!i be increased by the identical percentage comm
event shall the rental be less than that set forth i rst paragraph tof this article' (By the way of illusthe next rental commencement trate n only,
It Tenant commenced paying rent In Au 977, then the base period index is that for April 1977 (assume 130)
and that Index shall be compared a Index for April 1978 (assume 136). and because the Index for April 1978
is 4.61% higher, the rental mencing August 1978 shall be 4.61% higher; IEkesvise the Index for April 1979 shall
be compared with t ex for April 1977),
_P699 the
ureau
lnue the
ublication of the abs�ve
alter in some other manner., hen Landlordshall adapt a substitute Index or substitute procedure Which rsame loss eason'
e r= ma's ertdyttenitera cbrtsnenerpri
3. PERCENTAGE RENT. '
�• r��u urrl7laniFvrst^aTrt`i0'itrtic,c c. serraniSftoll pTl
lordat the time and in the manner herein specified additional rent in an amount equal to o of the amount
of Tenant's gross sales made in, upon or from the Leased Premiusduring ca ar year of the Lease term, less
the 893ttgate amount of the Minimum Rent previouslypaid b T
3.02 Within thirty (30) days after the y r said calendar year.
shall furnish to Landlord a state ach calendar month following commencement at rases, Tenant
in, upon, or from th during
t citified by Tenant to be correct, showing the total gross sates made
meat sv Premises During the preceding calendar month, and shall accompany each such state•
ymint to Landlord equal tereinabo fatal percensaid tage of the total monthly gross sales made
QR
r On4 It AT 1000 XL .. ner
month-if'Srreviey r,—tr. rJ-Said-sh ^nrrrt-anJ-p:,r:nant-!:5H-I:t-rsn le-r il!r the-stt:tetJntg tmrstt!t:.1c, r-cP�'
payment. Within thirty (30) days after the end of each calendar year of the term hereof, Tenant shall furt to Landlord a statement in writing, certified to Ge correct, shoving the total gross sales re months mayiinu,.,,�Iin, or
from the Leased Premises during the preceding calendar year, at which time an adjustment shall beLandlord and Tenant to the end that the total percentage rent paid for each such calendar year shall equal
to said hereinabowe stated percentage of the total gross sales made in, upon, or front the Leas- Premises during each calendar year of the term hereof, less the Minimum Rent pursuant to Article 2 for each , ch calendar year, if
previously paid, so that the percentage rent, although payable monthly, sX10
and adjusted on an annual basis. The gross sales for the initial partial calendar year shall be atljy (30) days after the
end thereof and the gross sales for the final partial calendar year shall be aty 130) days after the
end df the term.
3.03 The term "gross sales' as used in this Lease shall include t` entire gross receipts of every kind and
nature from sales and services made in, upon, or from the Leased Prem'.es, whether upon credit or for cash, in every
department, whether operated by the Tenant or by a subtenant or blena' or by a conressiwnaire or concessiun•
acres, excepting therefrom any rebates and/or refunds to custo is and the amount of all sales tax receipts which
has to be accounted for by Tenant to any government, o any governmental agency. Sales upon credit shall Ire
deemed cash sales and shall be included in the gross at for the period which the merchandise is delivered to the
customer, whether or not title to the merchandise pa sswith delivery,
3.04 Tenant shall keep full, complete an roper books, records and accounts of its daily gross sales, both for
cash and on credit, and shall keep or eau to be kept same for any separate departments. The Landlord and its
agents and employees shall have the ri at any and all times, during the regular business hours, to examine and
inspect all of the books, accounts a records, including any sales tax reports pertaining to the business conducted
in, upon or from the Leased Pre 'ses, for the purpose of investigating and verifying the accuracy of any statement
of gross sales. The Landlord y one in any calendar year cause an audit of the business of Tenant to be made by
an accountant of Landlor ' selection and if the statement of gross sales previously made to Landlord shall be found
to be inaccurate, then . in that event, there shall be an adjustment and one party shall pay to the other on dgmand
such sums as may necessary to settle in full the accurate amount of said percentage rent that should have been
paid for the per' d or periods covered by such inaccurate statement or statements. Tenant shall keep all said records
for'three (3) ears. If said audit shall disclose an inaccuracy in favor of Tenan, of greater than a two (2%) percent
error svil respect to the amount of gross sales reported by Tenant for the period of said report, then the Tenant
shall i mediately pay to Landlord the cost of such audit: othenwise, the cost of such audit shall be paid by Landlord.
If ch audit shall disclose any willful or substantial inaccuracies this Lease may thereupon be cancelled and termi-
4. TERM. The leased term shall commence on the date that the rental commences and shall be for a period of
rive (5)
years.
may commence
"land the to a otofbitoie
writlen fora to lessor at
per square
space. plus the increase o
eas
The parties hereto acknowledge that certain obligations under various articles or exhibits hereof
r to the lease term, i.e., construction, hold harmless, liability insurance, etc., and the parties
9hese emen el�ofpraopeoith�oo m��nrt�oeo�4fh�eeleei�sermCi it sbtall have t e.o lion to.
A reeeen Yy 44 p
t 180 days priorpto initial ter, ex" ration. Rent for�th,uextendeditern is ben$1.i00
e Consusers rice !n ex over the are:foot of leased
and impositions (general or special), hereinafter called "real estate taxes" levied against the entire enter he
Portion thereof containing the Leased Premises during the term of this lease. Said real estate taxes includ I taxes
levied upon or measured by the rent payable hereunder, whether as a so called sales tax, transaction rvilega tax,
excise tax,or otherwise (but no income taxes shall be payable by Tenant). Tenant shall receive, upo written request,
a xerox copy of a tax bill. Any real estate taxes for the year in which this lease commences a terminates shall be
apportioned. With respect to any assessment (other than those delineated in the initial tax r 1) which may be levied
against or upon the real property of which the Leased Premises are a part, and which der the lases then enforced
may be evidenced by improvement or other bonds, or which may be paid in annex installments, the Landlord shall
cause such improvement bonds to be issued or cause such assessments to
number of annual installments, and in such event, the Tenant shall on paid at the maximum permissible
installment payments, with interest thereon, as each thereof matures end Tenantuited to Pay shall have no Portion of
such
con•
tlnuesuch paymentsafter the termination of this Lease.
(b) All premiums on a policy or policies of it ,ante providing protection against any peril included
within the classification "fire and extended coverage,.t -ther with insurance against wridalism, malicious mischief,
with loss of rent rider, to the extent of the full to cement cost of the center or the building of which the leased
premises are a part plus the premiums on any er insurance that the beneficiary under any first trust deed might
require.
(c) The cost of cleanin repairing, replacing and maintaining all of the common and parking areas of
the ptojest, including but not lim' to utilities, server rents or charges, liability insurance on the parking areas, rub•
bish removal, landscaping an ardening, permit and inspection fees, if any, restripinrl, repaving, replacing bumper
guards, replacing eight bu ;and employees wages, socfrl security, unemployment contributions, union benefits,
contractual payments any, for any employees, or third parties maintaining the parking and common ateas,or
Ices paid to a th' party in connection with same, or together with any cost incurred by Landlord pursuant to
Paragraph 14 Parking and common area maintenance cost shall alswinclude a supervision and adminisiration
fee equal ten (10'Q p+,;cent of the total cost of (a), (b), (c), and (d) hereof.
t (d) Any parking charges, utility surcharges, or any ollter costs levied, assessed or imposed by, or at the
or tunCing For this library facility and for no other reason at�any time us �art erary tuentysfqur (24)aaontlscfronldation
of acceptance by City by first givinq to Lessor no less than 180 days prior written notice. In the event this case
is terninated early by City , then City shall reioburse (2) landlord the sun
of $15,000.00 which sun shall
be reduced by U,000,00 every one year period following the DATE Of ACCEPIANCE.
r
parking facilities serving the Leased Premises. "uemntn-ttrc meter omrpancy-oE-the t ra;:d Prcrnr-. -ka
Tenant's prorate share is defined as a fraction, the nu lie i is the total floor area of the Leased Premises
and the denominator of which is lei f1 ur arts Vea of the building Shopping Center (or portion thereof relating to
the expense eted-a t e tiro° the a payment is due. The cost enumerated in this Article 5 will fie d at the
t aWF-saecified�-c rye P �i
6. DELAY IN DELIVERY IN POSSESSION. If Landlord for ally reason whatsoever, cannot deliver possession
of the Leased Premises to Tenant at the commencement of the term of this lease, this Lease shall not be void or
voidable, not shall Landlord he liable to Tenant for any loss or rlansage resulting therefrom, but in that event there
shall be a proportionate reduction of rent covering the period between the commencement of the term and the time
v,hen Landlord can deliver possession. The term of this Lease shall be extended by such delay.
7. USE OF PREMISES. The Leased Premises may be used and occupied only for La Costa Branch CarlsbaJ City LiLrary
and for no other purpose Landlord does not represent nor warrant that
the premises can be used for such purpose, as it is incumbent upon Tenant to ascertain from the proper governmental
authorities whether or not the premises can be used for tenants intended use. Tenant shall promptly comply with all
laws, ordinances, orders and regulations affecting the Leased Premises and their cleanliness, safety, occupation and
use. Tenant will not perform any act or carry on any practices that may injure the Leased Premises or he a nuisance
or menace to tenants of adjoining premises. Tenant shall not cause, maintain or permit any outside storage or sales.
8. UTILITIES. Tenant shall pay for all water, gas, heat, light, power, telephone service and all other utilities
metered to the Leased Premises. Landlord further reserves the right to install separate meters forany public utility
servicing the Leased Premises for which a meter is not presently installed, in which event Tenant shall make pay-
ment when due directly to the public utilit; involved. In the event the premises are not separately metered for
water or any other utility, Tenant shall pay a reasonable proportion, to be determined by Landlord, of all jointly
metered charges. Landlord shall not be liable in damages cr otherwise for any failure or interruption of any utility
service, and no such failure or interruption shall entitle Tenant to terminate this Lease or abate the rent and
other rharges.
9. - ACCEPTANCE OF PREMISES. 81, entry hereunder. Tenant acknowledges that it has examined the Leased
Premisesand accepts the same as being in thB condition called forby this Lease. See Article 34 regarding
10. ALTERATIONS, MECHANICS LIENS. Construction Allowance
t 10.01 Alterations may not be made to the Leased Premises without the prior written consent of Landlord
andanyalterations of the Leased Premises except movable furniture and trade fixtures shall at Landlord's option
become part of the realty and belong to the Landlord.
10.02 Notwithstanding anything contained in Paragraph 10.01 above, Tenant may, upon the written consent
of Landlord, install trade fixtures, machinery or other trade equipment in conformance with the ordinances of the
applicable city and county, and the same may be removed prior to the termination of this lease provided Tenant
shall not be in default under any of the terms and conditions of this Lease. Tenant further agrees to repa;r at
Tenant's sole cost, any damage, caused by removal of such equipment and fixtures. Tenant shall keep the Leased
Premises, and the property in which the Leased Premises are a part free from any liens arising out of any work per-
formed, materials furnished to, or obligations incurred by Tenant. All such work provided for above shall be done at
such times and in the manner as Landlord may from time -to -time designate. Tenant shall give Landlord written
notice five (5) days prior to employing any taborer or contractor to perform work resulting in an alteration of the
Leased Premises so That Landlord may post a notice of nonresponsibility.
11. FIRE !NSURANCE HAZARDS.
11.01 No use shall he made or permitted to be made of the Leased Premises, nor acts done,which will imrease
the existing rate of insurance upon the Building or cause the cancellation of any insurance policy covering the
Building, or any part thereof, nor shall Tenant sell, or permit to be kept, used or sold, in or about the Leased
' Premises, any article which may be prohibited by the standard farm of fire insurance policies. Tenant shall, at its
sole cost and expense, comply with any and all requirements, pertaining to the Leased Premises, of any insurance
organuation or com(rany, necessary for the maintenance of reasonable fire and public liability insurance, covering
the Leased Premises, or the Building of which it is a part. T �i ,
increase in premiums on policies which may be carried Landferdmrrihe•L1+as remises covering damages to the
Building and Inss of rrnr �- g �
t se penis normally included in extended coverage above the rates tar the
fCa:rt r3'"artons-trptoF•oeeopa-ep fflt i ►darts , tron4tv=nT.-olkctand4i1f tilnrtio,a tion
11.02 Tenant shall'maintain in full force and effect on all of its fixtures and equipment in the Leased Premises
a Policy or policies of fire and extended coverage insurance with malicious mischief and theft endorsements to the
extent of at least eighty Percent (8039 of their insurable value. During the term of this Lease the proceeds from any
such policy or policies of insurance shall be used for the repair or replacement of the fixtures and equipment so
insured. Landlord shall have no interest in the insurance upon Tenant's equipment and fixtures and will sign all
donimeists necessary or proper in connection with the settlement of any claim or loss by Tenant. Landlord will not
carry insurance on Tenant's Possessions, nor on any leaseliold imProvernents made by Tenant. Tenant shall furnish
Landlord vrith a cerr$;,,.•_ ;f su:h policy within thirty (30) days of the commencement of this Lease and whenever
required shall satisfy Landlord that such policy is in full force and effect,
lF1:
1 FRE
expense, shall provide and keep in force with companiessaaccccep bleetto Landlord publics liability ini nsurance f � t e
benefit of Landlord and Tenant jointly against liability for bodily injury and property damage•irr tf6 amount of not
less than Five Hundred Thousand Dollars (S500,000) in respect to injuries to`r.death I une or more persons in aoy
one occurrence, and in the amount of not less than Filly Thous {}tslfa`rs (S50,000) per occurrence in respect to
damage to property, such limits to be in any greater a asmay be reasonably indicated by circumstances from
time to time existing. Tenant shall upo_nytc cy furnish Landlord with a certificate of such policy and whenever
required shall satisfy Landlor eT-Tiuch policy is in full force and effect. Such policy shall name Landlord as an
additional insured a be primary and non-contributing with any insurance carried by Landlord. The policy
shall (u rovide that it shall rot be cancelled or altered Without twenty (20) dayi prior written notice to
y City is self —insured, hall be m emertMer + p{ °f M rst� fnsurance 6tmlr-
13. INDEMNIFICATION BY TENANT.
13,01 This Lease is made on the express condition that Landlutd shall not be liable, or s•.rffer loss by reason
Of injury to person or property from whatever cause, all or in any way connected with the condition or use of the
Leased Premises or the installation or construction of improvements or personal property therein, including with -jut
limitation any liability for injury to the perscn or property of tenant, its agents, officers• employees or invitees.
Tenant agrees to indemnify Landlord'and hold it harmless from any and all lizbility, loss, cost or obligation on
account of, orarising out of, any such injury or loss however occurring. except if caused -by landlord' S
13.02 In case any action, suit or proceeding is brought against Landlord by reason of any such occurrence,
under the paragraph above, Tenant, upon Landlord's request, will at Tenant's expense, resist and defend such action,
suit or proceeding, or cause the same to be resisted and defended by counsel designated by the insurerwhose policy
covers the occurrence or by counsel designated by Tenant and approved by Landlord. The obligations of Tenant
under this section arising by reason of any occurrence taking plate during the Lease Term shall survive any termina•
tion of this Lease.
14. REPAIRS.
c
14.01 Tenant shall, at Tenant's sole cost and expease,.keep the Premises and eve '
thereof
dition and repair (except as hereinafter provided with respect to Landlord's
>
obligations) including without lim ta•
ticn, the maintenance, replacement and repair of any storefront, doors, window casements, glazing, plumbing,
Pipes, electrical wiring and conduits, heating
g
and and air conditioning system (Tenant must keep in effect an air
conditioning service contract providing for monthly service of the system and a copy of said contract must be given
to Landlord prior to commencement
of the term). Tenant shall, upon the expiration or sooner termination of this
Lease hereof, surrender the Leased Premises to the Landlord in good
condition, broom clean, ordinary wear and
tear and damage from causes beyond the reasonable control of Tenant excepted. Any damage to adjacent premises
caused by Tenant's use of the Premises shall be repaired at the sole cost and expense of Tenant.
r
14.02 Notwithstanding the Provisions of Paragraph 14.01 hereinabove, Landlord shall repair and maintain the
structural portions of the Leased Premises, including the exterior walls
and roof, unless such maintenance and repairs
are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants,
employees, invitees, or any damage
caused by breaking and entering, in which case Tenant shall pay to Landlord the
reasonable cost of such maintenance and repairs. Landlord shall not be liable for
any failure to make any such repairs
or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the
need of $rich repairs or maintenance is
given to Landlord by Tenant. Except as provided in Article 18hereof, there
shall be no abatement of rent and no liability of Landlord by reason of any injury
to or interference with Tenant's
business arising from the making of any repairs, alterations or improvements in or to any portion of the Leased
Premises or building of which the Leased Premises are a part, or in or to fixtures,
appurtenances and equipment
therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or
hereafter in effect.
s
15. • PARKiNG AND COMMON AREAS —
15.01 • Tenant, for the use and benefit of Tenant, its agents, employees, customers, licensees and subtenants,
shall have the non-exclusive right in common with Landlord, and other present and tutus,
owners, tenants and their
agents employees, cos:Omer$, licensees and subtenants, to use the Common and Parking areas cantained in the
Center during the entire term of this Lease, for ingress and egress,
and automobile parking, —
15.02 i#Ao�eensrner+cemenfo ,
Additional Charges (Article 5) for the period between such commeneeraent�and the totllo vinnum�enanyt
shall pay these Additional Charges
'
on a monthly basis concurrently with the payment of t rt tenant shall
dld f Cher
continue to make said monthly payments until notified by La��d
Landlord shall endeavor to give Tenant Marchl of each
a statement showing tharges for he pror calendar year
and Tenant's allocable share thereof, prorated from the coml. In the event the total of the
monthly payments which Tenant has
made for the prior talehe Tenant's actual share of such
Additional Charges then Tenant shall pay the differe • a lump sum within tan days after receipt of such state•
ment from Landlord and
shall concurrently a difference in monthly payments made in the then calendar year
and the amount of rnon(MY payment ' tc are then calculated as monthly Additional Charges
based on the prior
year's experience Any over ent by Tenant shall be credited toward the monthly Additional Charges next
coming clue. The actu hional Charges for the prior year shalt be used for
purposes of calculating the anticipated
. monthly Add- a Charges for the then current year with actual determination of such Additional Charges alter
eacls�,�t:^r ar year as above provided, excepting that in an b 9 y year in which resurfacing is contemplated Landlord shall
r►s�FFeJ--tn-irtefnek-rlte--ee►r;�.�.t-.w.....• _.�.. _..�_
(4)
.�""-"�tc,,c,rrrcml:^r t:hcrmfre- -tiltl t,i... ti •tMt.-J I
Tenant's share of said Additional Charges for the year in which this Lease
any increase due over the estimated Charoes et._T s roll immcdmtely pay
diately rebated 1 rt , conversely, any overpayment made shall be insme•
enant. Failure of Landlord to submit statements as called for herein shall not Ise
rrsivrroF'rcnasstrrtgn cin p*a{d=d.
16. SIGNS. The Tenant may affix and maintain upon the glass panes and supports of the shore windows and
vrithia twelve 02) inches of any window and upon the exterior walls of the Leased Premises only such signs, adver•
tising placards, names• insignia, trademarks and descriptive material as shall have first received the written approval
of the Landlord as to type, site, color, location, copy nature and display qualities. Anything to the contrary in this
Lease -twithstanding, Tenant shall not affix any sign to the roof. Tenant shall, hor.ever, erect one sign on the front
of the Leased Premises not later than the date Tenant opens for business, in accordance with a siL rcriteria handed
to Tenant upon execution of this Lease.
17. ENTRY BY LANDLORD. Tenant shall permit Landlord and Landlord's agents to enter the Leased Premises
at 31I reasonable times for the purpose of inspecting the some or for the purpose of maintaining the Leased Premises
or adjacent premises or for the purpose of making repairs, alterations, or additions to any portion of some including
the erection and maintenance of such scaffolding, canopies, fences, and props as may be required, or for the purpose
of posting notices of non -responsibility for alterations, additions, or repairs, or for the purpose of placing upon the
Leased Premises any usual or ordinary "for sale" signs, with any rebate of rent and without any liability to
Tenant for any loss of occupation or quiet enjoyment of the Leased Premises thereby occasioned; and shall permit
i Lapolord at any time within thirty (30) days prior to the expiration of this Lease, to place upon the Leased Premises
any usual or ordinary "to let" or "to lease" signs. For each of the aforesaid purposes, Landlord shall at all times have
q and retain a key with which to unlock all of the doors in, upon and about the Leased Premises, excluding Tenant's
t vaults and safes. The Tenant shall not alter any lock fit iris:all a new or additional lock or any bolt on any door of
the Leased Premises without prior written consent of the Landlord. If Landlcrd shall give its consent, the Tenant
shall in each case furnish the Landlord with a key for any such lock.
18. DESTRUCTION. In the event said premises are damaged or destroyed by earthquake or by fire or.other
casualty to the extent that said premises are rendered unfit f or use and occupancy, then, and in such event the mini -
a
m guaranteed rental reserved by the provisions hereof shall be abated to the extent that said premisesare'unfit
for use and occupancy, until the premises shall have been repaired and restored by Landlord. If, in the sole discre-
tion of Landlord it is deemed to be impracticable or uneconomical to repair the same, then, in such event, and at
} Landlord's option, this lease shall be terrrCmated and of no further force and effect, upon the Landlord's giving
notice that it does not intend to repair or restore said premises.
19. ASSIGNMENT AND SUBLETTING. Tenant shall not either voluntarily, or by operation of law, assign,
transfer, mortgage, pledge,�hypothecate or encumber this Lease or any interest therein, and shall not sublet the'
leased Premises or any part thereof, or any right or privilege appurtenant thereto, or allow any other person (the
i employees, agents, servants and invitees of Tenant excepted) to occupy or use the Leased Premises, or any portion
thereof, without the written consent of Landlord first had and obtained, which consent shall not be unreasonably
r vrithheld. A consent to one assignment, subletting, occupation or use by any other person shall not be deemed to be
a consent to any subsequent assignment, subletting, occupation or use by another person. Consent to any such
assignment or subletting shall in no way relieve Tenant of any liability under this Lease. Any such assignment or
subletting without such consent shall be void, and shall, at the option of the Landlord, constitute a default under
the terms of this Lease.
`
In the event that Landlord shall consent to a sublease or assignment hereunder, Tenant shall pay Landlord
reasonable fees, not to exceed One Hundred and No/t00ths (S100.00) Dollars, incurred in connection with the
processing of documents necessary to giving of such consent anu assumption by the assignee. In the event of a
consented to assignment, the security deposit shall be deemed to be else sole property of the assignee.
20. TENANT'S DEFAULT. The occurrence of any one or more of the following events shall constitute a default
and breach of this Lease by TenanL ,
A. The vacating or abandonment of the Premises by Tenant.
B. The failure by Tenant to make any payment of rent or any other payment required to be made by Tenant
hereunder, as and when due, where such failure shall continue for a period of three (3) days after written notice
thereof by Landlord to Tenant.
C. The failure by Tenant to observe or perform any of the covenants,conditions or provisions of this Lease
to be observed or performed by the Tenant, other than described in B, above, where such failure shall continue for a
period of fifteen (15) days after written notice hereof by Landlord to Tenant; provided, however, that if the nature
of Tenant's default is such that more than fifteen (15) daes are reasonably required for its cure, then Tenant shall
not be deemed to be in default it Tenant commences such'cure within said fifteen (15) days period and thereafter
diligently prosecutes such cure to completion.
• 0. The making by Tenant of any general assignment or general arrangement for the benefit of creditors; or
the filing by or against Tenant of a petition to have Tenant adjudged a bankrupt, or a petition orreorganization or
arrahgtmcnt under any law relating to bankruptcy (unless, in the case of a petition filed against Tenant, the same is
dismissed within sixty (60) days); or the appointment of a trustee or a receiver to take possession of substantially all
of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where possession is not restored to
Tenant within thirty (30) days; or the attachment, execution or other judicial seizure of substantially all of Tenant's
asters located at the Leased Premises or of Tenant's interest in this Lease, where such seizure is not discharged in
thirty (30) days.
21. REMEDIES IN DEFAULT. In the event of any such default or brearb by Tenant, Landlord may at any titne
thereafter, with or without notice or demand and without limiting Landlord in the exercise of a right or remedy
which Landlord may have by reason of well default or breach:
Terminate Tenant's right to possession of the Premises by any lawful means, in which case this Lease shall
terminate and Tenant shall immediately surrender possession of tire Premises to Landforrl. In such event Landlord
shall be entitled to recover from Tenant all damages incurred by Landlord by reason of Tenant's dafxtlt including,
but not limited to; ttre cost of recovering possession of the Premises; expenses of reletting, including necessary
renovation and alteration of the premises; reasonable attorney's fees; the worth at the time of award by the court
having jurisdiction thereof of the amount by trlticlt the unpaid rent and other charges and Adjustments called for
herein for the balance of the term after the time of such award exceeds the amount of such lost for the same period
that Tenant proves could be reasonably avoided; and that portion of any leasing commission paid by Landlord and
applicable to the unexpired term of this Lease. Unpaid installments of rent or other sums shall bear interest from the
date due at the rate of ton (10%) percent per annum. "wnrib" as used in this provision, is curnputed by discounting
the total at the discount rate of tire Federal Reserve Bank of San Francisco at the tittle of the judgment, or award,
Plus one percent (1%).
thaintain Tenant's right to possession, in which case this Lease shall continue in effect whether or not Tenant
shall have abandoned the Premises, In such event Landlord shall be entitled to enforce all of Landlord's rights and
remedies under this Lease, i eluding the right to recover the rent and any other charges and Adjustments as may
become due hereunder; or
Pursue any other remedy now or hereafter available to Landlord under the laws or judicial decisions of the
State in which the Premises are located.
22. DEFAULT BY LANDLORD. Landlord shall not be in default unless Landlord or the beneficiary underany
deed of trust fails to perform obligations required of Landlord within a reasonable time, but is no event later than
thirty (30) days after written notice by Tenant to Landlord and to the beneficiary of any deed of trust eoverind the
t Premises whose name and address shall have theretofore been furnished to Tenant in writing, specifying wherein
Landlord has failed to perform such obligation; provided, however, that if the nature of Landlord's obligation issuch
i that more than thirty (30) :lays are required for performance then Landlord shall not be in default if Landlord or
said beneficiary commences performance within such thirty (30) day period and thereafter diligently prosecutes ?he
same to complation. In no event shall Tenant have tite right to.terminate this Lease as a result of Landlord's default
i and Tenant's remediesshall be limited to damages and/or an injunction.
f 23. P.TTORNEYS' FEEVCO LLECTION'CHARGES. In the event of any legal action or proceeding between the
parties hereto, reasonable attorneys' fees and expenses of the prevailing party in any such action of proceeding may
be added to the judgment therein, including attorneys' fees on appeal, Should Landlord be named as a defendant in
any suit brought against Tenant in connection with or arising out of Tenant's occupancy hereunder, Tenant shall
Pay to Landlord its cost and expenses incurred in such suit, including a reasonable attorneys' fees. In addition to the
charges provided for above, Tenant shall pay a charge of $75.00 to Landlord for preparation of each demand for
delinquent rent.
24. SURRENDER OF LEASE NOT MERGER. The.voluntary or other surrender of this Lease by Tenant, or a
mutual cancellation thereof, shall not work a merger, and shall, at the option of Landlord terminate all or any
existing subleases and/or subtenancies, or may, at the option of Landlord, operate as an assignment to it of any or
all of such subleases or subtenanci^s.
25. CONDEMNATION, If any part of the Leased Premises or the building of which it is apart. or the Center or
Parking or common areas therein, shall betaken or condemned for a public or quasi -public use, and apart thereof
remains which is susceptible of occupation here. aer, this Lease shall, as to the part so taken, terminate as of the
date title shall vest in the condemnor, and the rent payable hereunder shall ba equitably adjusted -.but in such event
Landlord shall have the option, at its sole discretion, to terminate this Lease as of the date when title to the part so
condemned vests in the condemnor. If all the Leased Premises, or such part thereof be taken or condemned so that
there does not remain a portion susceptible Jar occupation hereunder, this Lease shall thereupon terminate. 11'a part
or all of the Leased Premises be taken or condemned, all compensation awarded upon such condemnation or taking
shall go to the Landlord and the Tenant shall hvie no claim thereto, and the Tenant hereby irrevocably assigns and
transfers to the Landlord any right to compensation or damages to which the Tenant may be entitled during the
term hereof by reason of the condemnation of all, or apart of the Leased Premises.
:�--rzRA tFTkS50£fA)g,+}—fie-tnejeritr-eFt: rtarttrirrthe-EeMshal
interests of the Center, Tenant will become a member of, and participate fully in, and remain in good st'ndin to the
Tenaltts' Association (as soon as the same has been formed), organized for tenants occupying.prerrfists in the Center,
and Tenant will abide by the regulations of such Association. Each member tenantslt5tl have one (1) vole, and the
LtndlorJ shall also have one (1) vote, in the operation of said As ' io'n. Tire objects of such Association shall he
to encourage its memberslat deal fairly and courteous) " err customers, to encourage ethical business practices,
and to assist the business of the tenants It romotiatr and ccntenvide advertising, The Tenant agrees to pay
minimum dues to the Associa ' vtded hmvever, that in no event shall the clues pail by Tenant in any fiscal
Wall of said Assocf to excess of fifteen (15e) cents per square foot of Premises leased to Tenant. Default in
paymen1-44-CIC's shall be treated in similar manner to default in rent with like rights of Landlord at its option to the
•ut._
(6)r \ 1
w. '
27. TVA 1 V Eit. The waive, by Landlord of any breach of any term, covenant, or condition herein container) shall
not be deemed to be a waiver of such term, covenant, or condition or any subsequent breach of the same or any
Other term, covenant, or condition herein contained. The subsequent acceptance of rent hereunder by Landlord shall
not be deemed to be a waiver of any preceding breach by Tenant of any term, covenant, or condition of this Lease,
other lhcn the failure of Tenant to pay the particular rental so accepted, regardless of Landlord's knowledge of such
preceding breach at the time of acceptance of such rent.
28. EFFECT OF HOLDING OVER. If Tenant should remain in possession of the Leased Premises after the
expiration of the Lease term and without executing a new Lease, then such holding over shall be conttnted as a
tenancy from month to month, subj-ct to all the conditions, provisions, and obligations of this Lease insofar as the
same are applicable to a month•lo•month tenancy.
29. TENANT'S STATEMENT. Tenant shall at any time and front time to time upon not less titan three (3) (lays
priorwriuen notice from Landlord execute, acknowledge and deliver to Landlord a statement in writing (a) certifying
an
that this Lease isunmodified and in full force and effect (or, if modified, stating the nature of such modification d
certifying that this Lease as so modified is in full force and effect), and the date to which the rental and other
here are not, to Tenant's knosvledgz, any uncured
charges are paid in advance, if any, and'(b) acknowledging that :
' defaults on the part of the Landlord hereunder, or specifying such defaults if any are claimed, and (c) setting forth
the date of commencement of rents and expiration of the term hereof. Any such statement may be relied upon by
any prospective purchaser or encumbrancer of all or any portion of the real progeny of which the Premises are
a gait.
30. RULES AND REGULATIONS. 7enant shall faithfully observe and comply with the rules and regulations that
Landlord shall from time to time promulgate and/or modify. The rules and regulations'shall be binding upon the
Tenant upon delivery of a copy of them to Tenant. Landlord shall not be responsible to Tenant for the nonperform•
ante of any said rules and regulations by any other tenants or occupants. Said rules may include (a) the restricting
Of employee parking and (2) regulation of waste removal.
31. GENERAL PROVISIONS.
31.01 Plats and Riders. Clauses, plats, riders and addendum; if any, affixed to this Lease area part hereof.
31.02 Venue. Landlord will execute this Lease and will receive the rent and other payments at Landlord's
office. Therefore the county in which Landlord's office is located is hereby deemed to be a proper place of venue
for transitory actions.
31.03 Joint Obligation. If there be more than one Tenant the obligations hereunder imposed shall be joint
and several.
31.04 Marginal Headings. The marginal headings and article titles to the articles of this Lease are not a part
of this Lease and shall have no effect upon the construction or interpretation of any part hereof.
31.05 Time. Time is of the essenco of this Lease and each and all of its provisions in which perf ormance is a
factor.
31.06 Successors and Assigns. The covenants and conditions herein contained, subject to the provisions as to
assignment, apply to and bind the heirs, successors, executors, administrators and assigns of the parties hereto.
31.07 Recordation. Neither Landlord nor Tenant shall record this Lease, but a short form memorandum
hereof may be recorded at the request of Landlord.
31.08 Ouiet Possession. Upon Tenant paying the rent reserved hereunder and observing and performing all of
the covenants, conditions and provisions on Tenant's part to be observed and performed hereunder, Tenant shall
have quiet possession of the Premises for the entire term hereof, subject to all the provisions of this Lease.
31.09 Prior Agreements. This Lease contains all of the agreements of the parties hereto with respect to any
matter covered or mentioned in this Lease, and no prior agreements or understanding pertaining to any such matters
shall be effective for any purpose. No provision of this Lease may be amended or added to except by an agreement
bi writing signed by the parties hereto or their respective successors in interest. This Lease shall not be effective or
binding on an;r party until fully executed by both parties hereto.
31.10 Inability to Perform. This Lease and the obligations of the Tenant hereunder shall not be affected or
impaired because the Landlord Is unable to fulfill any of its'obligations hereunder or is delayed in doing so, if such
inability or delay is caused by reason of strike, labor troubles, acts of God, or any other cause beyond the reasonable
control of the Landlord.
31.11 Partial Invalidity. Any provision of this Lease which shall prove to be invalid, void, or illegal shall in no
way affect, Impair or invalidate any other provisions hereof and such other provision shall remain in full force and
effect.
31.12 Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever
possible, be cumulative with all other remedies at lase or in equity.
31.13 Choice of Law. This Lease shall be governed by the laws of the State in svlikh the Premises are Located.
• NERE
30.14 Sale of Premises by Landlord. In the event of any sale of ;he Premises by Landlord, Landlord shall he
and is hereby entirely freed and relieved of all liability under any and all of its covenants and obligations contained
in or derived from this Lease arising out of any act, occurrence or omission occurring after ilia consummation of
such sale; and the purchaser, at such sale or any subsequent sale of the Premises shall be deemed, without any
further agreement between the parties Or their successors in interest or between the parties and any such purchaser,
to have assumed and agreed to carry out any and all of the covenants and obligations of ilia Landlord under this
Lease.
p 30.15 Subordination, Attornment. Upon request of tire Landlord, Tenant will in writing subordinate its
1 rights hereunder to the lien of any mortgage, or deed of trust, to any bank, insurance company or other lending
insti;ution, now or hereafter in force against the premises, and to all advances made or hereafter to be made upon
1i the security thereof.
In the event any proceedings are brought for foreclosure, or in Ilia event of the exercise of the power
of sale under any mortgage or deed of trust made by the Landlnrd covering the Premises, thr. Penant shall attorn to
I the purchaser upon any such foreclosure or safe and recognize such purchaser as the Landlord under this Lease.
i
If Tenant subordinates its rights hereunder, then so long as Tenant is not in default hereunder, this
Lease shall remain in full force and effect for the full term hereof.
t'
30,16 Notices. All notices and demands which may or are to be required or permitted to be given by either
party on the other hereunder shall be in writing. All notices and demands by the Landlord tc the Tenant shall be
sent by United States Mail, postage prepaid, addressed to the Tenant at the Premises, and to the addresshereinhelow,
or to such other place as Tenant may from time to time designate in a notice to ilia Landlord. All notice! and
demands by the Tenant to the Landlord shall be sent by United States W1ail, postage prepaid, addressed to the
Landlord at the address set forth herein, and to such other person or place as the landlord may from time to time
{
designated in a notice to the Tenant.
To Landlord at: C• H. CLARK, 1NC; (address below)
ToTenantatfOremis- s. Atten: Cliff Large, Director
City of Carlsbad Library
1250 Elm Avenue, Carlsbad CA` 92008.••
32. VALIDITY OF LEASE. The Lease shall be effective only after Tenant has received a fully executed copy of
this Lease from Landlord. Tenant should nct assume that this leasing ransaction has been completed or the Lease
has been executed by Landlord because of any oral representation cr because Landlord has negotiated Teoant's
initial check.
i .
+ 33. RIGHT OF FIRST REFUSAL. Lessee is hereby granted the right of first refusal -to lease the space
s adjacent to- the Demised Premises at a rent to be negotiated between the parties. This right shall be
exercised in written form by lessee to Lessor. The right of first refusal shall be for a period
of one year, from date of lease execution. However, if Landlord receives an offer from another
prospective tenant for the adjacent space, then Landlord will notify Lessee in writing of said offer.
Lbsste will then be granted a 10-day period to either except or reject this right of first refusal
on.said adjacent space.
Sri. LACOLORO CO'ISTPUCTIOH CO!ITAISUTIOH. In addition to the Exhibit n6w items provided by Landlord,
Landlord will contribute an additional improvement allowance of 55.00/square foot. Also, tenant agrees
that Landlord.will construct the leased premises per the plans and specifications, and that any cost
over and above the Exhibit "8" items, along with the constuction allowance, will be the responsibility
of the tenant. landlord will procure three (3) bids, and both Lessor and Lessee will have the right
to review said bids.
35. 'PAS IS" C030ITIOU. Tenant hereby accepts space in an "as ism condition. Landlord has currently
satisfied items N1-10 in the Exhibit "G" (attached).
THE PARTIES HAVE EXECUTED THIS LEASE THE DAY ,AND YEAR SET BELOW THEIR
SIGNATURE:
LANDLORD z TENANT
PLAZA DE LA COSTA ASSOCIATES CITY OF CARLSBAO•LIBRARY - LA COSTA BRAUCH
%C. M. CLARK, In. 77SO H (1 Camino Real
3211 Holiday Ct. #300, la Jolla, CA 92037 Carlsbad, CA 92008
By . By.
-Date Date --December 6, 1983
By �� An ff�_— By �• C-rt..�t�v
avid R. 8 ,ant, General Partner Mayor I
Date Date
(8)
x
L �0
131
w� ,- t it 1925
('(h,� = , � ; • ,off ..: : �,;
�. Rp.�
— �.
nu -� - -
rib i • --
ai
,h c
loci v,
w•• L � S—..7�`•
EXHIBIT A
and ord's Initials
'!'cnant's Initials
TENANT City of Carj7, bod t.ibr�ry - to Co�Cn ltr:mrh ��
LANDLORD SHALL PROVIDT: THii FOLLOWING IMPROVr-MENTS:
I. Electrical Service Panel - 100 amp. service.
2• Restroom - One, located in an area designated by Landlord, provicied with one
toilet, one lavatory, ventilation, one standard light fixture, one electrical wall
duplex outlet, k)A4WF Q!e !Fes -hawses.
3. Ceiling - Finish ceiling in restroom @ g'-U" above floor; suspended 24" x 4S"
acoustical tile over balance of ceiling area @ T-O" above floor.
4. Floor - Sheet vinyl floor and base per Landlord's selection in restroom, balance
of floor area, uncolored concrete slab.
S. Walls - Unpainted masonry or unpainted textured drywall over stud as
specified by Landlord, except restroom walls, ceiling and door which are to be
painted (enamel).
6. Electrical Outlets - To meet Code requirements.
7' Lighting - Front to rear, recessed type, four tube fluorescent light fixtures -
` no lamps - panel switched - 15' to 25' wide store provided with two rows, front
to rear; 30' to 40' store provided with three rows, front to rear. (Fixtures
spaced @ g'-0" center to center, front to rear.)
S. Telephone Outlet - One, located at rear of store unless otherwise designated
by Tenant prior to commencement of construction.
9. Heating, Ventilating and, Air Conditioning - Adequate refrigerated gas=electric•.•
air conditioning and heating (in other than dry cleaning plants and -coin-.-'
operated laundries, restaurant food preparation areas and those businesses not
normally air conditioned).
10. Store Front - Per Landlord's design.
TENANT SHALL BE RESPONSIBLE FOR THE COST OF ALL IMPROVEMENTS NOT
LISTED ABOVE.
TENANT AGREES. -
I. To deliver to Landlord within fifteen (15) days from Tenant's receipt of the
executed lease, a drawing setting forth those It �provements required by
Tenant In addition to those Improvements provided by Landlord.
Upon receipt of Tenant's drawings, Landlord shall cause IImprovement Plans to
be prepared Incorporating Landlord's and Tenant's Improvements and an
Itemized cost breakdown of any additional improvements. Credit shall be
allowed for those Items for which Landlord Is responsible 11 not utilized or
substituted for. The amount of said credit to be determined by Landlord's
Contractor.
tenant:.
2. Improvement Plans shall be prepared by d}644-mhlteet. { `4
arrangements are made, In writing, prior to the ex rutiart--oi {fiis lease.
Landlord or Landlord's Architect shall In of the architectural fees
Involved before the copMenc*ffm%T-?-j the Improvement Plans, and Tenant is
to Pay_jtS-Atchk=Z erectly for work performed and agreed to in preparation
as -
3. Landlord shall then 'forward said Improvement Plans and Cost Breakdown to
Tenant and Tenant shall within ten (10) days thereafter return said
Improvement Plans and Cost Breakdown, either Indicating approval by signing
two copies of each or indicating any additional revisions. Concurrently with
Tenant's approval, Tenant shall pay to Landlord the cost of any additional
Improvements as Indicated on the approved Cost Breakdown.
EXI 11B1T 11
Lan ord's Initials Tenant's lnitials