HomeMy WebLinkAbout1987-02-03; City Council; 8875; Employees Federal Credit Union Lease Agreement�r
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CIT OF CARLSBAD -- AGEND: ,SILL
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MTG. 2 / 3 / 8 7 CARLSBAD EMPLOYEES FEDERAL CREDIT UNION CITY AM `423
nr r LEASE AGREEMENT ^1T-V hmr►o
RECOMMENDED ACTION:
Adopt Resolution No. authorizing the Mayor to execute the,
attached lease agreement for office space between the City of
Carlsbad and it's employees Credit Union.
ITEM EXPLANATION:
In the past, the Carlsbad Employees Federal Credit Union used 75
square feet of office space in the rear building at Fire Station
Number 1. With the move of Fire Administration to the Public
Safety and Service Center, 450 square feet of office space in
that building has become available. The Credit Union is
willing to lease this space and the Fire Chief and Credit Union
Manager have agreed on a lease rate of $.50 per square foot per
month. The Fire Department does not currently need this office
space, while the Credit Union greatly needs the room.
FISCAL IMPACT:
The General Fund will receive $225 in rent payments monthly for
a period of 48 months.
EXHIBITS:
1. Resolution No.
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RESOLUTION NO,. R957
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A LEASE AGRELMENT FOR OFFICE SPACE
BETWEEN THE FIRE DEPARTMENT AND THE CARLSBAD EMPLOYEES
FEDERAL CREDIT UNION.
WHEREAS, in the past, the Carlsbad Employees Federal Credit
Union used 75 feet of office space in the rear of Fire Station
Number One; and
WHEREAS, Fire Administration recently moved from Fire Station
Number One to the Public Safety and Service Center, making available
45(, square feet of office space; and
WHEREAS, the Fire Department has determined they no longer
need this office space while the Credit Union does; and
WHEREAS, the Credit Union is willing to lease this office
space from the Fire Department and the Fire Chief and Credit Union
Manager have agreed on a lease rate of $.53 per square foot per
month.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
{City of Carlsbad as follows:
1. That the above recitations are true and correct.
2. That the lease agreement between the Fire Department and
Carlsbad Employees° Federal Credit Union attached hereto is approved.
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1 3. That the Mayor is authorized to sign the attached lease
2 agreement on behalf of the City of Carlsbad.
3 PASSED, APPROVED AND ADOPTED at a regular meeting of the
4 City Council of the City of Carlsbad held on the 3rd
5 day of February 1987 by the following vote, to wit:
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71 AYES: Council Members Lewis, Kulchin, Pettine and Mamaux
8 NOES: None
9 ABSENT: None
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C A DE A. E I , Mayor
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ALETHA L. RAUTENKRANZ, City Cle
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` EXHIBIT " TO RESOLUTION NO.
LEASE AGREEMENT
CITY OF CARLSBAD GOVERNMENT OFFICES
THIS LEASE AGREEMENT, made and entered into this �' day of
/. , 19870 by and between the CITY OF CARLSBAD,
hereinafter referred to as "Lessor" and the CARLSBAD CITY EMPLOYEES FEDERAL
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CREDIT UNION, hereinafter referred to as "Lessee", whereby the parties hereto
agree as follows:
WITNESSETH:
1. Abm!NISTRATION. This Lease Agreement (hereinafter referred to as
"'_ease") shall be administered on behalf of City by the Fire Chief, City of s
Carlsbad, hereinafter referred to as "City's Lease Administrator", and on behalf
of Lessee by Darrell Bennett, Credit Union Manager.
2. DESCRIPTION. Lessor hereby leases to Lessee that real property
consisting of 450 square feet of office space known as Rear Building, 1275 Elm
Avenue, Carlsbad, California, 92006. Said real property (hereinafter referred
to as "Demised Premises") is leased on a modified gross basis in accordance with
the terms and conditions hereinafter set forth.
3. TERM. This Lease Agreement is effective on the date first above '
written. The term of this Lease shall commence upon the date of acceptance of
the Demised Premises by the Lessee. Said date shall be as specified in the
letter of acceptance issued by the Lessee to the City Administrator. The term
of this Lease shall terminate 48 months from the date of acceptance.
Lessee shall have the option to extend this Lease upon expiration thereof
for additional one (1) year periods ;pon Uhe samC terms and conditions as stated
herein. The option may be exercised by Lessee by giving Written notice of
exercise to Lessor at least sixty (60) days in advance of the normal expiration
of this Lease or any succeeding extension thereof.
4. EARLY TERMINATION. This Lease may be terminated by City at its sole
option at any time after six (6) months from date of acceptance by first giving
to Lessee no less than ninety (90) days prior written notice.
5. HOLDING OVER. Any holding over by the Lessee after the expiration of
the term of this Lease shall be construed to be a tenancy from month to month at
the monthly rental and on the terms and conditions specified herein so far as
the same may be applicable. Such holding over shall include any time required
by Lessee to remove its equipment and fixtures.
6. RENT. The base rent reserved for the term of this Lease shall oe the
sum of .5W per square foot ($225.00) per month. Rent shall be payable ,for that
month. If the first day of the term shall not be the first day of the month,
the rental for the pr.rtion of the term occurring in the first and last calendar
months of the term shall be appropriately
prorated. Accrual of rent shall
commence upon the date of acceptance of the Demised Premises by Lessee.
Installments of rent shall be paid to the City of Carlsbad by Lessee.
7. UTILITIES. City shall pay for all utilities necessary for the use of
the Demised Premises by the Lessee.
8. JANITORIAL SERVICES AND TRASH REMOVAL. Lessee shall furnish at its
sole expense all Janitorial and trash removal services which may be requried by
Its occupancy and use of the Demised Premises. Such services shall be provided
at the level necessary to maintain the Demised Premises in a clean and orderly
condition.
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9. REPAIRS AND MAINTENANCE. Subject to the provisions of the UAMACE oil
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�V%.1�Vi. Clause hereof, and except for damage caused by any negligent or
intentional act or omission of City, its agents, employees, or invitees, Lessee,
at Lessee's expense, shall keep the entire interior of the Demised Premises in
good order, in a clean, healthful and wholesome condition and repair, including
any required eradication of pests and trash removal related to the interior of
the building. Lessee shall make repairs required under this clause within a
reasonable time after receipt of written notice of the need for such repairs.
Lessee agrees by taking possession of the Demised Premises as herein set forth
that such Demised Premises are then in a tenatable and gcod condition and that
Lessee will take good care of the Demised Premises and the same will not be
altered, repaired or changed without the written consent of Lessor. The Lessee
is also responsible for all routine maintenance or repairs required of the
rented space's heating and air conditioning equipment.
10. NONPERFORMANCE OF SERVICES BY LESSEE. If Lessee fails to provide
satisfactory repair and/or maintenance services to the Demised Premises as
hereinabove set forth, City may notify Lessee in writing; and if Lessee does not
instigate measures to provide satisfactory service and to remedy the
unsatisfactory conditions within five (5) working 'iys after such notice has
been mailed or delivered by City, City may provide the repair and/or maintenance
services necessary to remedy the unsatisfactory condition and assure
satisfactory service, or have others do so, and add an amount equal to the cost
thereof to the rent thereafter payable.
11. BUILDING AND SAFETY REQUIREMENTS. During the full term of this Lease,
Lessee agrees to maintain the Demised Premises in compliance with all applicable
building codes, statutes, and orders as they are applicable on the date of this
Lease, and as they may be subsequently amended
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Lessee further agrees to naintain the Demised Premises as a "safe place of
employment", as the term is used in the California Occupational Safety and
Health Act, where the provisions of such Acts are applicable on the date of this
Lease.
In the event Lessor neglects, fails or refuses to maintain said Demised
Premises as aforesaid, City may, notwithstanding any other termination
provisions contained herein:
A. Terminate this Lease; or
B. At City's sole option, cure any such default by performance of any
act, including payment of money, and add the cost thereof plus reasonable
administrative costs to the rent.
Conditions caused solely by City and not subject to the control of Lessee
are excluded from this provision.
12. INSTALLATION AND ALTERATION. Lessee may install any and all fixtures
or improvements necessary or desirable for Lessee's use of the Demised Premises
for the above described purposes but shall make no permanent alterations in, or
additions to, said Demised Premises without the written consent of the City
administrator, which consent shall not be unreasonably withheld. Such fixtures
or equipment installed by City shall remain the property of City and at the
option of City may be removed at or before termination of this Lease or
extention thereof or may be abandoned to Lessee or shall remain in place as is,
and any damage to the Demised Premises occasioned by such removal shall be
repaired by City upon request by Lessee within thirty (30) days of the
termination of this Lease or any extension thereof. Upon the expiration of this
Lease or the sooner termination thereof as herein provided, except in the event
of destruction of the property as provided for in the DAMAGE OR DESTRUCTION
clause hereof, Lessee shall deliver possession of the Demised Premises to the
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City administrator in the same condition it enjoyed at the beginning of this
Lease, or as altered, ordinary weA-r and tear -and da„.age by the C1C1i1Cr
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excepted.
13. DAMAGE OR DESTRUCTION. In the event that the Demised Premises should
be partially damaged by fire or any other cause during the term of this Lease or
extension thereof, other than through the fault or negligence of the City,
repairs shall be made by Lessee, at its sole expense, and with all reasonable
idispatch, In the event the damage amounts to the substantial destruction of the
Demised Premises or cannot be repaired in ninety (90) days, this Lease may be
} terminated by either party at its option by giving written notice of intention
to the other party within thirty (30) days following said destruction; if this
Lease is not so terminated, Lessee shall not be liable for any rent until
repairs and reconstruction have been made by the responsible party, subject to
the approval of City's Lease Administrator, so that the Demised Premisez are
again ready for occupancy.
14. SIGNS. Lessee may erect any signs necessary to identify Lessee's
occupancy of the Demised Premises during tls term hereunder subject to approval
of Lessor. Signs shall be removed by the Lessee upon termination of this
Lease.
15. (QUIET POSSESSION. Lessor for itself, its heirs, devises, successors or
assigns, convenants and agrees that Lessee, upon payment of the rental reserved
and the compliance with all the terms and conditions of this Lease may lawfully,
peacefully and quietly have, hold, use, occupy and enjoy the Demised Premises
and each part thereof during the term of this Lease or any extensions thereof
without hindrance or interruption from Lessor, its heirs, devises, successors or
assigns. Lessor has and reserves the right at any reasonable time to enter upon
the Premises to inspect said Demised Premises or to perform any of the
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obligations imposed by this Lease, but in so entering shall conduct itself so as
to minimally interfere with Lessee's use and enjoyment of the Demised
16. NOTICE. Any notice or notices given by Lessee or City to the other may
be personnaly served upon Lessor or Lessee or any person hereafter authorized in
writing to receive such notice, or may be served by depositing the same in the
United States Mail, postage prepaid, addreosed to the appropriate address
hereinafter set forth or to such oither address as Lessor or City may hereafter
designate by written notice.
TO: CITY TO: LESSOR
City of Carlsbad Carlsbad City Employee's
Fira Chief Federal Credit Union
2560 Orion Way 1275 Elm Avenue
Carlsbad, CA 92008 Carlsbad, CA 92008
17. INSURANCE. Lessee shall maintain throughout the term of this Lease
fire insurance and extended coverage including property damage and personal 1
injury coverage in an amount satisfactory to the City's Risk Manager, on the s
Demised Premises to the extent of Lessee's property located in the Demised
Premises. Included in the policy or policies of insurance shall be a standard
Waiver of rights of subrogation against City by the insurance company issuing
said policy or policies.
18. SEVERABILITY. The invalidity of any portion of this Lease as
determined by a court of competent jurisdiution shall in no way affect the
validity of any other provision hereof.
19. TIME OF ESSENCE. Time is expressly declared to be of the essence of
this Lease and of each, every and all of the covenants and conditions herein.
20. ARBITRATION. If the parties hereto should .tot agree as to the terms
and provisions of this Lease, such disagreement shall be determined by
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arbitration pursuant to the provisions of the California Code of Civil
Procedure.
21. ENTIRE AGREEMENT. This Lease contains the entire agreement between the
parties hereto and no term or provision hereto may be changed, waived,
discharged or terminated unless the same be in writing executed by both parties
hereto.
22. INDEMNITY. Lessee agreas to indemnify and hold harmless the City of
Carlsbad against and from any and all damages to property or injuries to or
1 death of any person or persons, including property employees or agents of the
City, and shall defend, indemnify and save harmless the City, its officers,
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agents, and employees, from any and all claims, demands, suits, actions, or
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proceedings or any kind or nature including workers compensation claims of or by
anyone whomsoever, in any way resulting from or arising out of the negligent or
intentional acts, errors or omissions of lessee or any of its officers, agents
or employees.
IN WITNESS WHEREOF, we have hereunto set our hands and seals.
CITY OF CARLSBAD
LESS : LESSEE:
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ATTEST: 7'/-0V
ED AS TO FORM:
Let -CC . /Z ze• Fb
City Clerk Assistant City Attorney
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