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HomeMy WebLinkAbout1990-06-26; City Council; 10682; APPROVE LEASE AGREEMENT WITH COLONIAL MALL FOR SUITES M, N, O, T LOCATED AT 1207 ELM AVENUE, COLONIAL MALL*\ n w > 0 4 E a .. z 0 4 2 0 z 3 0 0 - G GI eUF GAHLSBAU - AUENY)ISILL /" - - AB# /e7 ' f2 TITLE: APPROVE LEASE AGREEMENT WITH DEPT. k MTG. 6/26/90 COLONIAL MALL FOR SUITES M, N, 0, T CITY A1 C,TY M, DEPT. U&M RECOMMENDED ACTION: LOCATED AT 1207 ELM AVENUE, CC)LONIAL MALL 14 3 E.10 * 40' Adopt the attached Resolutionfwhich: 1. Authorize the Mayor to execute the lease agreement between the City of Carlsbad and Colonial Mall. ITEM EXPLANATION: The Library currently leases suites "0" and "T" in the Colonial Mall at 1207 Elm Avenue for its Adult Learning Program. The two suites, which comprise 774 total square feet, are inadequate to meet the requirements of the program and the space necessary for the assigned staff. Two adjacent suites "IW and "N" have recently become available that would provide sufficient additional space until the main library is renovated. Acquiring these suites would increase the space for this program by 585 square feet. The lessor has agreed to lease this space to the City at the same rate we are paying for the existing suites. In addition, the lessor has agreed to perform much needed cosmetic repairs in om existing space. The lease for the currently occupied suites recently expired, and therefore a new lease must be executed. FISCAL IMPACT: The cost of the current lease is $816.30 per month or $9795.60 annually. The cost for the additional space would result in an increase of $702 per month or $8424 annually. Approval of the recommended action would therefore result in the total expenditure of $18219.60 during the upcoming fiscal year. Funds have been included in the Library budget for this purpose. EXHIBITS: 1. Resolution No. 9@-/73 2. Lease Agreement 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2o 21 22 23 24 25 26 27 28 w (rn RESOLUTION NO. 90-193 - A RESOLUTION OF THE (=TTy COUNCIL, OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A LEASE AGREEMENT WITH COLONIAL MALI., FOR SUITES M, N, 0, T LOCATED AT 1207 FLM AVENUE, COLONIAL MALL, CARLSBAD, CALIFORNLA WHEREAS, the City of Carlsbad, California has determined the need to provide additional office space to expand the Library's Adult Learning Program; and after negotiating with the Manager of Colonial Mall for additional office space, the City Council has decided to expand the lease for office space With Colonial Mall; WHEREAS, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California as follows: 1. 2. That the above recitations are true and correct. That the Lease Agreement between the Ciity of Carlsbad and Colonial Mall attached hereto as Exhibit A is hereby approved. 3. That the Mayor is hereby authorized to sign the lease on behalf of the City. /// /// /// /// /// /// /// /// 1 2 3 4 5 6 7 8 9 10 11 12 13 l4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 W qR PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbac City Council held on the 26th day of June , 1990 by the following vote to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and L NOES: None ABSENT: None ATTEST: ALETHA L. RAUTENKRANZ, City CleA (SEAL) rn m EXHIBIT A LEASE THIS LEASE, made this /5 day of /rlAv /?9d between eOLoMAL dLL hereinafter known as "Less~x"l and e/7y .- 4f e/,s&> -- I _I-- hereinafter known as "Lessee". IT IS AGREED between the parties hereto as follows: I - DESCRIPTION OF LEASED PROPERTY Lessor hereby leases to Lessee and Lessee hires from Le on the terms and conditions hereinafter set forth, Space No. mb//r of /287Em kc, &~~kd?', - County of San Di State of California, consisting of apprGximately - 4397 square feet, together with the non-exclusive righ2 tc use th adjacent paved off-street parking drea. . 11 - TFZM The term of this lease shall be for a period of / year#, commencing on JULY L ~T?O and ending on &ME 34 /99/ unless sooner terminated purszant to any provision hereof. LESS k6&'Q/kEdb Td do 7/py Lg5-R /go MYS PkU?ve 7b TZ4E E;w&& OF Aw)' L6ASG PE;4/ob* .. -1- - , W [rn .I -. I11 - RENT Lessee shall pay to Lessor, for rent of said leased pr perty, the sum of fi/=&%/k/Un/dJ&E&&AfZZ& 'A0 at ($ /, 5m 50 1 per month as follows: $ 2,8/6-05 lease and to apply as rental for the following: to be paid at the execution of the d4 5/89 3u JikY &% &&=I€&L//;w.2/7- ek9.a & 1 #4w--75 &7-&%v5 &4%%##3/7 -- $ // 5hm9 on the first day of each manth com- mencing 406~~7 /, /990 and continueing until dUN€ 30, / 99/ . If necessary, the first month's rent will be prorated so th future monthly payments are due and payable on the first da each month. IV - ADDITIONAL RENTAL As additicnal rental, Lessee agreesl to pay, upon demar Lessee's prorata share for any real estate taxes which may assessed or imposed on the property for land and b\:ilding improvements, in excess of the real property taxes ior the fiscal year commencing 6 -89 -- and ending 6. As additional rental, Lessee also agrees to pay on a month1 any increase (or prorata share of increatse) of cmrges for sewer, trash pick-up and electricity cver the ccrlendar yea1 ending /987 . As additianal rentai, Lessee agree: upon demand, the Lessee's prorata share for any assessment: maintenance or repair of parking spaces which may be asses: imposed on the property during the term cf the leare. $ .- * - -2- * I IR * V - CLEANING DEPOSIT Lessee shall deposit with Lessor upon execution hereof as a non-refundable cleaning deposit to $ z50.00 cover Lessor's expense of cleaning and repair upon Lessee vacating the property. VI LATE CHARGES Lessee hereby acknowledges that late paynent by Lessee of rent and other sums due hereclnder kill cause Lessor to incur costs not contemplated by this Lease, the exact amoun of which will be extremely difficult to ascertain. Accordi if any installment of rent or any other sum due from Lessee not be received by Lessor or Lessor's designee within ten ( days after such amount shall be due, then, without any requ ment for notice to Lessee, Lessee shall pz.y to Lessor a lat charge equal to 6% of such overdue amount. The parties her agree that such late charge represents a fair apd raasonabl estimate of the costs Lessor will incur by reason of late p 6 ment by Lessee. Acceptance of such late charge by Lessor s in no event constitute a waiver of Lessee's default, with re to such overdue amount, nor prevent Lessor from exercising of the other rights and remedies granted hereunder. 5 .. - - -3- > e 4D *. . - VI1 - USE OF THE LEASED PROPERTY Lessee shall use the leased property for the purpose of conducting together with any incidental business in furtherance thereof. Lessee agree not to commit, or suffer to be committed, any wa upon the leased property or any nuisances in or upon any part the leased property. k+Mv &7Y dF ekdk?/s &&!!/4~55 VI1 - ALTERATIONS, MECHANICS LIENS Lessee shall not make, or suffer LO be made, any alterat of the leased property, or any part thereof, without the writ consent of Lessor had and obtained. Unless Lessor requires t removal, all alterations, improvements, additions, including draperies, which may be made on the Premises, shall become tl property of Lessor and remain upon and be surrendered with tl Premises at the expiration of the term. Lessee shall keep tk leased property free from any 1ier.s arising out cf any work E ed, materials furnished or obligations incurred by Lessee. IX - UTILITIES Lessor agrees to pay all charges for water, trash, pick- ground and building maintenance, parking lot maintenance and scaping. Lessee agrees to pay all charges for gas, electricity, phone, cleaning and maintenance of the inside Ilf the leased 1 erty and any other commodities, conveniences or services use( Lessee, in, upon or about the leased property during the ten the lease. 3 - r4- m ID X - REPAIRS AND MAINTENANCE Lessee, at sole expense of Lessee, shall keep and maint: the leased property in good and sanitary order, condition an( repair, during the term of the lease, including, but not necc limited to interior walls, windows, doors and pla2e glass wii exception that Lessor shall be responsible for the roof, out! portion of the exterior walls, and structural portion of the Lessor shall also be responsible for all maintenance and rep< the off-street parking lot and the landscaping. XI - TAXES ON LESSEE'S BUSINESS AND PROPERTY Lessee shall pay, before the same becomes delinquent, ai all taxes, assessments, charges, licenses and deinands levied or against the business of the -Lessee conducted upon the lea property, together with the taxes upon all personal proerty ( Lessee used in or upon the leased propert'y. XI1 - COMPLIANCE WITH LAW Lessee shall, at the sole cost and expense of Lessee, c with all of the requirements of all Municipal, State, and Fel authorities now in force, or wi:icl- may hereafter be in force taining to the leased property, and shall faithfully observe use of the leased property all Wui:icipal ordinances, and Sta Federal statutes now in force or which may hereafter be in f The judgment of any court of competent jurisdiction or the a sion of Lessee in any action or proceeding against Lessee, w Lessor be a party thereto or not, that, Lessee has violated a ordinance or statute in the use of the leased property shall elusive of that fact as between Lessor and Lessee. \ - a+ - 5- W 'm XI11 - ASSIGNMENT OR SL'BLETTING Lessee shall not assign this lease, or any interest th and shall not sublet the leased property or any part thereo . any right or privilege appurtenant thereto, or suffer any o persons (the agents and servants of the Lessee excepted) to or use the leased property, or any portion thereof, without prior written consent of Lessor. A consent to one assignme letting, occupation or use by another person shall not be d be a consent to any subsequent assignment, subletting, occu or use by another person. Any such assignment or sublettin out such consent, shall be void and shall, at the option of terminate this lease. This lease shali not, or shall any i 'therein, be assignable, as to the interest of Lessea, by op of law, without written consent of Lessor. Lessor agrees n unreasonably withhold its consent to any assignment or sub1 XIV - LESSOR TO BE HELD HARML.ESS Lessee, as a material part of the cmsideration to be , ered to Lessor, hereby waives all claims against Lessor for ages to goods, wares and merchandise, in, upon or about the property, and for injuries to Lessee, his agents, or third 'in or about the leased property from any cause arlsing at a and Lessee will hold Lessor exempi: and harml~tss from any da or injury to any person, or to the goods, wares, and mercha of any person arising from the us2 of the leased property b see, or from the failure of Lesse? to keep the leased prope good candition and repair, as herein provided. i f - - * -6- 0 1) ,. .. XV - NON-LIABILITY OF OWNER FOR DIUMGES This lease is made upon thz zxpress condition that Les5 to be free from all liability, and claim from damages by re; any injury .to any person or persons including Lessee, or prc of any kind whatsoever and to whomsoever belonging, includir see, from any cause or causes whatsoever while in, upon or z connected with the leased peoperty during the term of this 1 any extension hereof or occupancy hereander, Lessee hereby c anting and agreeing to indemnify and save harmless Lessor f. liability, loss, cost and obligations on account of or aris of any such injuries or losses however occuring. XVI - LIABILITY XNSURANC.3 Lessee further agrees to take out and keep in force an( during the liie hereof at Lessee's expense, public liabilit ance in companies acceptable to.the Lessor to protect again liability to the public incident to the use of or resulting any accidents occurring in or about the leased Frcperty, th 8 under such insurance to be no less that $300,000.00 for any son injured, or $500,000.00 for any one accident, or 100,OO property damage. These policies shall insure the contingen bility of Lessor and are to be placed with Lessor, and Less obtain a written obligation on the part of the insurance ca to notify Lessor in writing prior to any cancellation there Lessee agrees, if Les,see does not keep such insixance in fu and effect the Lessor may take ou'.: the necessary insurance *the-premium and the repayment thereof shall be deemed to be the rental and payment..as such rm the next day upon which t becomes due. - * - m rn XVII - REMEDIES OF LESSOR ON DEFAULT Should default be made in the payment of any of the renl be paid hereunder and such default continue for 3 Feriod of i days after written notice from Leosor to Lessee, or should dc be made in the performance or observance of any other condit. covenant herein required to be performed or observed by Less such default continue for a period of thirty (30! days after notice from Lessor to Lessee specifying such default, then ii such event and in addition to ariy and all other rights or rei of Lessor hereunder and/or by law provided, it shall be lawf Lessor, at sole option of Lessor, to declare the term hereof and to re-enter the leased proeprty and. take possession ther remove all persons therefrom and Lessez shall have no furthe thereon or hereunder: provided, however, that if the default plained of (money payment excepted) is of such a mture that same cannot be rectified within the period allowbd for curin default, then such default shall he deeined to be rectified i shall have comnenced within such period to comply with the p hereof which have been breached by it, and if Lessee shall, diligence, proceed to rectify such default: or LessrZr, at op Lessor, and without declaring this lease ended, may re-entez leased property and lease the whole or any part thereof for account of Lessee for a term greater ar lesser than the rem; balance of the leased term, and on such other terms and conc and for such reasonable ient as Lessor may deem properr and lect said rent or any other rer.t that nay thereafter become and apply the same toward the ameunt due or thereafter to bt due from Lessee and on account of the reasonable tixpenses 0' . ..* - 9 -2- D 'B subletting incurred by Lessor. Should such rental be less that herein agreed to be paid by Lessee, Lessee agrees to p deficiency to Lessor and to pay to Lessor, forthwith upon a reletting, the costs and expenses Lessor may incur by reaso of. XVIII - INSOLVENCY, RECEIVER / Either the appointment of a receiver to take possessio all or substantially all of the assets of Lessee, or a gene signment by Lessee for the benefit of creditors, or any act en or suffered by Lessee under any insolvency or bankruptcy constitute a breach of this lease by Lessee. XIX - ATTORNEY'S FEES In the event of the bringing of any action by either p hereto as agairst the other hereon or hereunder, or by reas the breach of any covenant or condition on the part of the party, or arising'out of this lease, then and in that event party in whose favor final judgment shall be entered shall titled to have and recover of and from the other zeasonable ney's fees to be fixed by the Court wherein such judgment s entered. , XX - FIRE INSURANCE Lessor shall be responsible €or carrying the necessary surance on the building and.the improvements on the leased Lessee shall be responsible for carrying the necessary insurance on its own fixtures, equipment, inventory and sto all other items located on the leased property belonging tc 8 .- * - c, - - > 0 qD .. XXI - DESTRUCTION OF LEASED PROE'ERTY In the event of any partial destruction of the said lea property during the said terms, from any cause, Lessor shall with repair the same, provided such repairs can be made wit1 ninety (90) working days under the laws and ri2gulations of Z Federal, County or Municipal acthorities,, but such partial c tion shall in no way annul or void this llease, except the LC shall be entitled to a proportionate deductim to be based I the extent to which the making of such repairs &.,all interft the business carried on by Lessee in the said leased properi the repairs cannot be made in ninety (9O:I working days, Lesi at his option, make same within a reasonable time, this lea: tinuing to be in full force and effect and the rent to be p: ionately rebated as aforesaid in this paragraph provided. event the Lessor does not so elect to malke such repairs whit not be made in ninety (90) working deys, or such repairs ca made under such laws and regulations, this lease aiay be teri at the option of either party. 0 , In respect to any partial destruction which Lessor is gated to repair or may elect to repair mder the terms of t paragraph, the provisions of Section 1932.2 and 'Xction 193 the Civil Code of the State of California, are ;,,sived by Le The pertinent sections, above referrsd to, of the Civi of the State of California read \ .zs follows: Section 1932. The hirer of a thing may terminate the hiring before the,end of the term agreed iipon. (2) When the greater part of the thing hired, or that part which the Jetrer 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 want of ordinary Fare of the hirer. *- m (1111 Section 1933. The hiring of a thing terminates: (4) In the event that the building in wlhich the leased pro] may be situated be destroyed to the extelnt of not less that percent of the replacement cost thereof, Lessor may elect tc minate this lease, whether the leased property be injured 0. A total destruction of the building in which the said leasec perty may be situated shall terminate this lease. By the destruction of the thing hired. In the event of any disput-e between Lessor and Lessee, tive to the provisions of this paragraph, they shall each sc an arbitrator, the two arbitrators so selected shzi11 select arbitrator and the three arbitrators so selecte-4 =;hail hear determine the controversy and their decisions thereon shall final and bi:Tding upon both Lessor and Lessez, who shall be: cost of such arbitration equally between them. XXII - NOTICE Any and all notices or demands by 01: from Lessor to Le! or Lessee to Lessor shall be in writing. They shall be seri either personally or by certified rnai:! y ireturn receipt requt If served -personally, service shall be conclusivei-: deemed I the time of service. If served by certified mail, service ! be conclusively deemed made forty-eight (48) hours after de] thereof in the United States mail, postage prepaid and cert mail fee prepaid, addressed to ihe party to whoa :;uch noticc mand is to be given. Any notLce or demand to. Lessor may Ise ‘Jjven to Lessor q 1207 Xlm Avenue, Carlsbad, California 92008, or to such other addresg as Lessor may from time to time indicate in writing. c -11- m !I Any notice or demand to Lessee may be given to Lessee Address established for the leased property or to such other address as Lassee ma:{ from tim? to time indicate in writing. XXIII - WAIVER The waiver by Lessor of any breach of any term, coven; condition herein contained shall not be deened to be waive] such term, covenant or condition herein contained. The SUI acceptance of rent hereunder by Lessor shall not be deemed a waiver of an:' preceding breach by Lessee of any term, co\ or condition of this lease, other than the failure of Lessc pay the particular rental so accepted, regardless cf Lessoi ledge of such preceding breach at the time ~5 acceptance oi rent. XXIV - HOLDING CVER Any holding over after the expiration of the said tern the consent of Lessor, shall be ccmstrwd to be d tenancy f to monthp at the rental specified in this lease, and shall wise be on the terms and conditians herein specified, so fe applicable. XXV - OPTION T3 RENEW It is further agreed that, in the event thst Lessee ft all of the terms and provisions of this lease durinq the tc hereof, Lessee shall have the right and opticn to renew or this lease for a further term of s xw y<'ars, commencj the expiration of the original term, under the same terms i conditions as provided for herein, wit!? the exception of tl rental price. The rental price for the new term cf = i years shall be determined and agreed upon by the parties hf .. * - z -1'- - - m 0 Sho\.:ld there by an inability to agree upon said monthly re each party shall select. an arbitrator and the two arbitrat shall determine the reasonable rental vE>lue of the premise the additional term of - years and both parties her agree to be bound by the amount so determined by the said trators. Notice of the exercise of such option shall be g by Lessrr at leas: sixty (60) days before the expiration o terTn :.f this leas, which notice must be in writing; and it expressly agreed by and between the parties that time is a essence in the giving of said notice. .. X,WI - CQNTROL OF OFF-STREET P.ARKING In reference to the off-street parking, Lessor shall I richt tc adopt ru!;s and regulations for the use of the ofj parking by-Lessee and shall have the rigkt to designate spt parkins areas for Lessee, employees of ]Lessee and the gene] lic. Any non-compliance with said rules and regulations 01 desiqnated parking areas shall constitute a breach of this Lessee. XXVII - SIGNS Lassee shall have the right to display in or upon the property customary trade signs, relating only to the busine which the leased property is leased. The character and loc -, ', of said signs shall be snbject to the written approval of L Lessee shall not place any projecting sign, marquee or awni the front of the elased property without the written consen LessBx. It is farther agreed that Lessee shall conform to -13- - m sign ordinance of the City of Carlsbad and pay any and all co: connected with the installation of any signs, marquee or awni1 including, but not limited to, any permits or fees required by C of Carlsbad. XXVIII - CAPTIONS The title or headings to the paragraphs of this lease are noi . part of the lease and shall have no effect upon the contruction interpretation of any part thereof. It is hereby agreed that 1 singular wherever used herein shall include the plural, and 1 masculine, the feminine. XXIX - BINDING ON SUCCESSORS The covenants and conditions herein contained shall, subject the provisions as to assignment, apply to and bind the heii successors, executors, administrators and assigns of all the part 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 $l1698.75/month July 1, 1993 - June 30, 1994 $1,766.70/month IN WITNESS WHEREOF, Lessor and Lessee have executed this lei the day and year first above written. LESSOR LESSEE THE TY F CARL BAD, A Mu 'c' a1 ( BY : &~ LAUDE A. LEWI , ayor Ffi By : gQ@---- .[I* sa kq., @@ -14-