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HomeMy WebLinkAbout1983-12-06; City Council; Resolution 7410* - .v 1 2 3 4 5 E 7 E 5 1C 11 1: 1: 11 l! 1( 1' 1; 1' 21 2 2 2 2d 2: 21 2' 21 RESOLUTION NO. 7410 A RESOLUTION OF THE CITY COUNCLL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING EXECUTION OF LEASE AGREEMENT FOR BRANCH LIBRARY IN -PLAZA -DE LA COSTA SHOPP 1 NG CENTER WHEREAS, the City Council of the City of Carlsbad, California has letermined that it is in the best interest of the City to enter into a lease 3greement for space in the Plaza de la Costa Shopping Center for a branch librar- NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Zarlsbad, California, as follows: 1. That a certain agreement between the City of Carlsbad and Plaza de la Costa Shopping Center, a copy of which is attached hereto marked Exhibit "A" 3nd incorporated herein by reference, is hereby approved. 2. That funds are available to CLSA Branch Library account 18-81-01-3900 3. That the Mayor of the City of Garlsbad is hereby authorized and directed to execute said lease, for and on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, on the 6th day of Ikcember , 1983 by the following vote, to wit: AYES: NOES: ABSENT: None Council Menikrs Casler, Lewis, Kulchin, Prescott and Chick r/-f J'& MARY H. CAPER, Mayor ATTEST: (SEAL) . . . . -. -. -. _______ .... +' . . '0 STANDARD COMMERCIAL LEASE THIS LEASE, dated for reference purposes only this 15th day ofA--, 19-BA is made betwen Plaza de la Costa Associates ___ (the "Landlord") a,ld (the "Ten ant"). 1. PREMISES. Landlord hereby leases to Tenant and Tenant hires from Landlord on the terms, covenanlsand conditions set forth herein, those premises crosshatched on Exhibit "A'' attached hereto, (the "Leased Preniises"). and incorporated by reference herein. The Leased Premises, approximately -2.non* square feet, is located at 7750 H El Csnino Real, Carlsbad, CaliFornia 92008 *.(Said square footage OF the leased premises to be field measured within 30 days of lease execution) 2. MINIPMJP.1 RENT. 2.01 Tenant agrees to pay Landlord as minimum rent (rent). without noiica, demand, deduction, or offset, the monthly sum ofS 1.500 * , in advance on or before the first day of each and every successive calendar month during the term hereof, except the first month's rent shall be paid upon execution hereof. The rent shall City of Carlsbad library - La Costa Branch .. 2-02 Rent for any period which is for less than one month shall be a prorated portion of the monthly rkntal based upon a thirty (30) day month. Tenant acknowledges that late payment by Tenant to Landlord of rent or other . sums due hereunder rill cause Landlord to incur certain costs not contemplated by this lease, the exact amount of which would beextremely difficult and impractical to ascertain. Such costs include, but are not limited to, proceying and accounting charges, and late chxges which may be iniposad on Landlord by the terms of any trust deed cove,ing the Leased Pramises. Therefore, in the event Tenant shall fail to pay any installments of rent o: any win due here- under after such amount is due, Tenant sh?ll pay to landlord as an additional rent a late charga equal to Fiv; (5%) percent of each such installment or other hm. A $5.00 charge will be paid by the Tenant to the Landlord for each returned check, in addition to the late charge. .. . 3. PERCENTAGE RENT. .. 3.02 Within thirty shall furnish to Landlord (11 FOnU II RT lC00,F~ - %ET . customer, whether or not title to the merchandi 3.04 Tenant shall keep full, complet nce in any calendar year cause dn audit of the business of Tenant to be made by that event, there shall be an adjustment and one party shall pay to the other on demand the cost of such audit; othen-ise, the cost of such audit shall be paid by Landlord. 4. TEAM. The leased term shall commence on the date that the rental commences and shall be for a period of years. The parties hereto acknowledge that certain obligations under various articles or exhibits hereof may commence prior to the lease term, Le., construction, hold harmless, liahility insurance, ctc., and the parties a ree o ebo nd by these art’cl s rior to.th2 coinmen ement f the lease term it s all have tke. qption to Five (5) extend the tevn OF &is ?ease Agreesen4 fo?.a perio or one suo or qhree years Cif xusl exercise written forn to Lessor at least 180 days prior to initial t;rm expiration. Rent. for !he extended tern shal! be $1.00 per square ‘I L, I s:foot of leased space, plus -&?d&’o%=K’ E:’- his o tion in - levied upon or meawred by the rent payable hereunder, rvheiher as a so-called sales tax, transactio the Landlord shall ximum permissible its portion of such cause such improvement bonds to be issued or cause such number of annual installments, and in such event, the Ten installment payments, with interest thereon, as each thereof tinuesuch payments after the termination of this Lease. e providing protection against any peril included with insurance against vandalism, malicious mischief. nt cost of the center or the building of which the leapd ance that the beneficiary under any first trust deed might with loss of rent rider, to the extent of the full ____~ of furlding for this library facility and For no other reason at any tine after twenty-four (24) nontlis fron dat of acceptance by City by firs: giving to Lessor no less than 180 days prior uritter! notice. is terninat.ed early by . City , then City shzll reimburse (2) Landlord the suo of $15,000.00 which sun shall be rcduced by $3,000.00 every one year period following the DATE OF ACCEPIAIICE. In the event this lease z ~i~~ur~,~vermm~~f-~~tfrvri~~mnnstiorrvri ththrrme"trpmrc.pf-th parking facilities serving the Leased Premises. 4a1 floor arm of the Leasetj Premises ilding Sltopping Center (or portion thereof relating 10 cost enumerated in this Article 5 will be Paid at the we-- .. 6. DELAY IN DELlVERY IN POSSESSION. If Landlord lor any re3son whatsoever, cannot deliver possession of the Leased Premises to Tenant at the commencement of the term of this lease, this Lcase shall not be void Of voidable, nor shall Landlord he liable to Tenant for any loss or damage resulting thcrcfroni, but in that event !hare shall be a proportionate reduction of rent covering the period between the commencement of the term and the time when Landlord can deliver poxsession. The term of this Lease shall be extcnrled by such delay. 7. USE OF PREMISES. The Leased Premisesmay beusod and uccupied only for ?Isbad Library* La Casta Branch ,. . - . 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 propergovernmental 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 cleanlinen, 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 outs,ide storage or sales. and for no other purpose . .I . 8. UTILITIES. Tenant shall pay for all water, gas, heat, light, power, telephone service and all other utilities metered to the Leased Premisx Landlord further reserves the right to install separate meters for any 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 utility involved. In the event the premises are not separately metere'd 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 entitlz Tenant to terminate this Lease or abate the rent and other charges. . .. 9. . ACCEPTANCE OF PREMISES. By eptry hereunder, Tenant acknowledges that it has examined the Leased Premisesand accepts the same as being in this condition called for by this Lease. 10. ALTERATIONS, MECHANICS LIENS. see ~~ti~l~ 34 regarding Construction Allowance -. . 1O.OT Alterations may not be made to the Leased Premises without the prior written consent of Landlord and'any alterations 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 conssnt of Landlord. install trade fixtures, machinery or other trade equipment in conformance with the ordinances of the zpplicable city and county, and the same may be removed prior to the termination of this lease prouided Tenant shall not be in default under any of the terms and conditions of this Lease. Tenant further agrees to repzlr, at Tenant's sole cost, any damege, 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 furnishzd 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 laborer or contractor to perform work resulting in an alteration of the Leasad Premises so that Landlord may post a notice of nonresponsibility. It. FIRE INSURANCE HAZARDS. 11.01 No use shall he ma& or permitted to be made of the Leased Premises,nor zcts done,whichwill iii.rease the existing rate of insurance upon the Building or cause the cancellation of any insurance policy coveriny the Building, or any part thereof, nor shall Tenant sell, or permit to be kept, used or sold, in or about the Leaszd Premiss, any article which may be prohibited by the standard form of fire insurance policies. Tenant shall, at its sole cost and expense. comply with any and all requirements, pertaining to the Leasad Premises, of any insurance organization or company, necessary for the maintenance of reasonable fire and public liability insurance. covering 11.02 Tenant sti?Il maintain in full force and effect on all of its fixtures and equipmerit in the Leased Premises a pdlicy or policies of fire and extended coverage insurance with malicious mischief and theft endorsements to the exten: of at least eighty percent (80%) of their insurable value. During the term of this Lcase 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 docmetits necessary or proper in connection with the setllernent of any claim or loss by Tenant. Landlord will not carry icsurance on Tenant's possessions. nor on any leaseliold improvernents made by Tenaiit. Tenant s1ia11 furriish Landlord r-ith a certificate of such policy within thirty (30) days of the conimencement of ihis Lease atid wllennver rewired shall satisfy Landlord that such policy is in full force and effect. (3) 'crmfTt72fH ' ' wt~'~a~-enlfy-ii~t~~etni~~~it+(t~ expense, shall provide and keep in force with-le to Landlord public liability in~ranee-f6~he <&e amount of not , 13. INDEMNJFICAnON BY TENANT. . 13.01 This Lease is made on the express condition that Landloid shall not be liable, orsgfferlossby ream 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 liersonal property therein. includirig without limitation any liability for injury to the person or property of tenant, its agents, officers, employees or invitee% Tenant agrees to indemnify Landlord'and hold it harmless from any and ail liability. loss. cost, or obligatio: on account of, or arising out of, any such injury or loa however occiJrring, except 1 f caU:ed. .by .1 andlord 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 place during the Lease Term shall survive any termina- tibn of this Lease. 14. REPAIRS. ,. . 14.01 Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereoi in good con- dition and repair (except as hereinafter provided with respect to Landlord's obligations) including without li+ta- . tion, the maintananc~, replacement and repa? of any storefront, doors, window casements, gluing, plumbing. Pipes, electrical wiring and conduits. and heating and air conditiorring 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 r3 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 war and . tear and damage from causes beyond the reasonable control of Tenant excepted. Any damag. to adjacent premises caused by Tenant's use of the Premises shall be repaired at the sole cost and expense of Tenant. 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, unlcss 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 such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 18 hereof, 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 Leassd Premises or building of which the Leased Pmmises 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. 15. . PARKING AND COMMON AREAS-[. 15.01. Tenant, for the use and benefit of Tenant, its agents, employees, customers, licenseesand sub-tenants, shall hare the non-exclusive right in common with Landlord, and other present and future owners. tenants an$ their agents, employees, customers, licensees and sub.tenants, to use the Common and Parking areas contained in th2 Center during the entire term of this Lease, for ingressand egress, and automobile parking. negligence:' .. . I .' .. . . - 15.02 (41 ~e-te~~~~~~t~~~te~tt~~~~~~~~n~r~~~~~ , T~fiant shall immcdlatcly pay Tenant's share of said Additional Charges for the year in which this Leav ~CLRGIXS~S any increase due over the estimated Charqes nd. conversely, any overpayment made shall be inime- t. Failure of Landlord to submit staU"ts as called for herein shall not be f-kmrireqoirem&m%. . 16. SIGNS. The Tenant may affix and maintain upon the glass panes and supports of the show windows and within twelve (12) inches of any window and upon :lie exterior walls of the Leased Premises only such signs, adver- tising placards, names, insignia, tredemarks and descriptive material as shall have first received the written approval of the Landlord as to type, size, color, location, copy nature and display qualities. Anything to the contrary in this Lease notwithstanding, Tenant shall not affix any sign to the roof. Tenant shall, howier, erect one sign on the front of the Leased Premises not later than the date Tenant opens for business, in accordance with a sign criteria 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 all reasonable times for the purpose of inspecting the same or for the purpose of niaintaining the Leased Preniises or adjacent premises or for the purpose of making repairs, alterations, or additions to any portion of same 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 placi?g upon the Leased Premises any usual or ordinary "for sale" signs, without any rebate of rent and without any liability to Tenant for any loss of occupation or quiet enjoyment of the Leased Premises thereby 0ccasioned;and :hall permit Landlord 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 1oase"signs. For each of the aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in, upon and about the Leased Premises, excluding Tenant's vaults and safes. The Tenant shall not alter any lock or install a new or additional lock or any bolt on any door of the Leased Premises without prior written consent of the Landlord. If Landlord 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 premisesare rendered unfit for use and occupancy, then, and in such event the mini- mum guaranteed rental reserved by the provisions hereof shall be abated to the extent that said Fremisesare'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 terqhated 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. ASSIGNPAENT 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 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 shajl not be unrezsonably withheld. A consent to one assignment. subletting, occupation or use by any other person shall not be deemed to b,~ 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 assignrnent 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 Oae Hundred and No/lOOths ($100.00) Dollars, incurred in connection with the processing of documents necessary to giving of such consent and assumption by the assignee. In the event of a consented to assignment, the security deposit shall be deemed to be the sole property of the assignee. 20. TENANT'S DEFAULT. The occurrence of any one or more of the fol1o:ving events shall constitute a default and breach of this Lease by Tenant 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 3 period of fiiteen (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) days are reasonably required for its cure, then Tenant shall not be daamed to be in default if Tenant commences such cure within said fifteen (151 days period and thereafter di!l&" prosecutes such cure to completion. * 0. The making by Tenant if 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 or reorganization or artahvment under any law relating to bankruptcy (unless, in the case of a petition filed against Tenant, the same is dijmissed within sixty (60) days); or the appointment of a trustee or a receiver to take possession of substantially all Of Tm" assets located at the Premises or of Tenant's interest in this Lease, where possession is not restored to Tmnt within thirty (30) days; or the attachment, execution or oilier judicial seizure of substantially all of Tends aS%S locaied at the Leased Premises or of Tenant's interest in tl!is Lease, where sirch seizure is not discharged in thirty (30) days. 21. nEMEDlES IN DEFAULT. [n ille event of any such default rir Iirenrli by Tenant, Landlord may St any lime 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 such delault or breach: Terminate Tenant's right to possession of the Premises by any lawlul means, in which case this Lease shall terminate and Tenant shall immediately surrender possession of the Premiss to Landlord. In such event Landlord shall be entitled to recover from Tenant all damages incurred by Landlord by reason of Tenant's default inclIJding. but not limited to;-tlle cost of recovering possession of the Prernises; expenses of reletting. includirlg 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 tha amount by which the unpaid rent and other charges and Adjustnlents called for herein for the balance of the term after the time of such award exceeds the amount of such loss 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 ten (10%) percent per annum."Wor!h" asuscrl in this provisioi~, iscomputed by tliscounting the total at the discount rate of the Federal Reserve Bank of San Francisco at the time of the jurlgment, or award, plus one percent (1%). Mairitain Tenant's right to possession, in which case this Lease shall continue i!l effect whether or not Tenant shall have abandonad the Premises. In such event Landlord shall be entitled to enforce all of Landlord's rights and remedies under this Lease, including the right to recover the rent and any other chargcs and Adjustments as may become due hereunder; or Pursue any other remedy nom 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 he in default unless Landlord or the beneficiary under any deed of trust fails to perform obligations required of Landlord within a reasonable time, but in no eve@ later than thirty (30) days after written notice by Tenant to Landlord and to the baneficiary of any deed of trust covering the Premises whose name and address shall have theretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such ob1iyation;provided. however, that if the nature of Landlord's obligation is such that more than thirty (30) days are required for performance then Landlord shall not be in default if Landlord or said benaficiary commences performance within such thirty (30) day period and therezfter diligently pros" 'he . same to complation. In no went shall Tenant have the right to .terminate this Lease as a result of Landlord's default and Tenant's remedies shall be limited to dam,ages and/or an injunction. 23. 'ATTORNEYS' FEESICOLLECTION'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 m3v 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 iis 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 demmd for delinquent rent. 24. SURRENDER OF LEASE NOT MERGER. The voluntary or other surrender of this Lease by Tenant, or a mutual caricellation thereof, shall not work a merger, and shall, at the option of Landlord terminate all or any existing sublmes, and/or subtenancies, or may. at the option of Landlord, operate as an assignment to it of any or all of such subleases or subtenancies. 25. CONDEMNATION. If any part of the Leased Premises or the building of which it is a part, or the Center or parking or common areas therein, shall be taken or condemned for a public or quesi.public use, and a part thereof remains which is susceptible of occupation hereunder, 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 be equitably adjusted; but in aich 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 ;o that there does not remain a portion sysceptiblefor occupation hereunder, this Lease shall thereupon terminate. If a part or all of the Leased Premises be taken or condemned, all compensaion awarded upon such condemnation or taking shall go to the Landlord and the Tenant shall have no claim thereto, and the Tenant hereby irrevocably assigns xd transfers to the Landlord any right to compensation or damagzs to which the Tenant may be en!itled during the term hereof by reason of the-condcmnation of all, or a part of the Leassd Premises. . ' ... -A WWSO i.fity€Ir-tm" * entmsh interests of the Center, T=member of, andze fuily inmL* Tenam' Association (assoon as the same has been formed), organized for tenants occupyingpreds in the Center, have one (1) vote, and the f such Association shall he ethical business practices, The Tenant agrees fo pay d hy Tenant in any fiscal xed to Tenant. Default in ntllord at its option to tht. (6) 27. WAIVER. The waive- by Landlord of any Iireach of any term. covenarit. or condition herein conlainerl shall not be deemed to b. a waiver of such term, covenant, or condition or any subsequent breach of the same or any other term, covennnt, or condition herein contained. The subsequent acceptance of rent liereunder by Landlord shall not be deemed to be a waiver of any preceding breach by Tonant of any term, covenant, or condition of this Lease. other thzn the failure of Tenant to pay the particular rental so accepted, regardless of Landlord's knowledg. 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 constilled as a tenancy from month to month, subjJct to all the conditions, provisions, and obligations of this I-ease insofar aS the same are applicable to a month-to.month tenancy. 29. TENANT'S STATEMENT. Tenant shall at any time and from time IO tin;. upon not ICs: than three (3) [lays priorwritten notice from Landlord execute, acknowledye and deliver to Landlord a statement in writing (a) certifyiny that this Lease isunmodified and in full force and effect (or, if modified,stating the nature of such modification and certifying that this Lease as so modified is in full force and effect), and the date to which the rental and other charges are paid in advance, if any, and (b) acknowledging that there are not, to Tenant's knovvledge, any uncured defaults on the part of the Landlord hereunder, or specifying such dafaults if any are claimed, and (c) setting forth the date of commencement of rents and expiration of the term hereof. Any such stateinent may be relied upon by any. prospective purchaser or encumbrancer of all or any portion of the real property of which the Premises are a pait. - . 30. RULES AND REGULATIONS. Tenant 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 !he Tenant upon delivery of a copy of them to Tenant. Landlord shall not be responsible to Tenant for the nonperform- ance of any said rules and regulations by any other tenants or occupants. Said rules may include (a) the restricting of employee parking and (2) regutation of waste removal. -. 31. GENERAL PROVISIONS. 31.01 Plats and Riders. Clauses, plat; riders and addendums, if any, affixed to this Lease are a 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 locared 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 essence of this Lease and each and all of its provisions in which performance is a fzctor. 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 ba recordad at the request of Landlord. 31.08 Quiet Possession. Upon Tenant paying the rent resarved 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 quizt possassion of th? Premises for the entire term hereof, subject to all the provisions of this Lease. 31.09 Prior Agreemants. This Lease contains all of the agreements of the parties hereto with respect to any matter covered or mzntioned 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 in writing signed by the parties hereto or their respective successors in interest. This Lease shall not be effective or binding on any 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 illarjal 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 cumulativa with all other remadiasat I~VJ or in equity. 31.13 Choice of Law. This Lease shall be governed by the laws of the State in which the Premises are located. "- I__- *. 30.11: Sale of Prciniscs by Landlord. [n (lie everit of any sale of the Premises by Landlord. Landlord shall IIC and is hereby entirely freed and relieved of all liability under any and all of ils covenants and obligations contiiiiietl in or derived from this Lease arising out of any act, OCCLlrrenCe or omission occurring altar the 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 betwecn the parties and any such pilrchascr, to have assumed and agreed to carry out any 2nd all of the covenants and obligations of the Landlord undcr this Lease. 30.15 Subordination. Attornment. Upon request of the Landlord, Tenant will in writing subordinate its riyhts hereunder to the lien of any mortgage, or deed of trust, LO any bank, insurance comparly or other lending institution, now or hereafter in force against the premises, and to all advances made or hereafter to be made upon In the event any proceedings are brought for foreclosure, or in the event of the exercise of the power of sale tinder any mortgage or deed of trust made by the Landlord covering the Premises. thr: Tenant sfiall attorn 10 the plrrchzser upon any such foreclosure or sale and recognize such purchascr as the Landlord under this Lease. 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. 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 hy the Landlord to the Tenant shall be sent by United States Mail, postage prepaid, addressed to the Tenant at the Premises, and to the address hereinhelo:v, or to such other place as Tenant may from time to time designate in a notice to the Landlord. All notices and demanas by the Tenant to the Landlord shall be sent by United States Mail, postage prepaid, addressed to thz Landlord at the address set forth herein, and to such other person or place as the landlord may from time to time desisnated in a notice to the Tenant. .. , the security thereof. .. To Landlord at: C- W. CLARK, IpiC: (address below) ToTenant at-Prmk. . Atten.: Cliff Lay@, Director City of Carlsbad Library 1250 Elm Avenue, Carlsbad CA 92008 .' 32. VALrDITY OF LEASE. The Lease shall be effective only after Tenant has received a fully executed copy of this Leax from La-dlord. Tenant should nct assume that this leasing txmaction has been completed or the Lease has been executed by Landlord because of any oral representation or because Landlord has negotiated Tenant's initial check. . 33. RIGIIT OF FIRST REFUSAL. adjacent to the Demised Premises at a rent to be negotiated between the parties. exercised in written form by Lessee to Lessor. of one yezr, fron date of lease execution. prospective tenant for the adjacent space, then Landlord will notify Lessee in writing of said offer. L6ss.e will then be granted a IO-day period to either except or reject this right of first refusal on said adjacent space. Lessee is'hereby granted the right of first refusal to lease the space lhis right shall be The right of first refusal shall be for a period tlowever, if Landlord receives an offer from another 3h. LACDLORD CO!MPUCTION CO'ITRIBUTIOIJ. landlord will contribute an additional improvement allowance of $5.00/square foot. that Landlord-uill construct the leased premises per the plans and specifications, and that any cost over and above the Exhibit "B" items, along uith 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. In addition to the Exhibit IIBtl itens provided by Landlord, Also, tenant agrees 35. "AS IS" C0:IDITIOFI. satisfied itens #I-10 in the Exhibit "8" (attached). Tenant hereby accepts space in an Itas is" condition. Landlord has currently THE PARTiES HAVE EXECUTED THIS LEASE THE DAY .AND YEAR SET BELOW T!IEIR SIGNATURE: - LANDLORD i' TENANT PLAZA DE LA COSTA ASSOCIATES Z.C. X. CLARK. IGC. 7750 H El Camino Real 3211 Holiday Ct. #330, La Jolla, Ck 92037 , Carlsbad, CA 92008 CITY d; 'CARLSBAD 'LIBRARY - LA COSTA BRLNCtI BY . By *Date A EY Date -- (8) Date December 6, 1983 Mayor Date I I I 4-- ._ EXHIBIT A TZknt's Initials .. ". . . '- e 1' i! I! 7- .. 1. 2. 3. 4 . 5. 6. 7. : S. 9. 1 0. Electrical Service Pnriel - 100 amp. scrvice. Restroom - One, located in an area designated by Lancllord, provided with one toilet, one. lavatory, ventilation, onc standard Iight fixture, onc electrical wall 4e.F Ceiling - Finish ceiling in restroom @ 8'-0'' abovc floor; suspended 24" x h8" acoustic21 tile over balance of ceiling area @ 9'-0" above floor. Floor - Shect vinyl floor and base per Landlord's seleclion in restroom, I~alancc of floor area, uncoloreci concrete slab. \Valls - Unpainted masonry or unpainted texturcd drywaIl over stud as specified by Landlord, except restroom walls, ceiling and door which are to be painted (enamel). Electrical Outlets - To meet Code rdquirements. 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 @ S'-O'' center to center, front to rear.) Telephone Outlet - One, located at rear oi store unless otherwise designated by Tenant prior to commencement of construction. Heating, Ventilating and Air Conditioning - Adequate refrigerated gas-electric air conditioning and heaticg (in other than dry cleaning plants and, coin- - . operated laundries, restaurant food preparation areas and those businesses not normally air conditioned). Store Front - Per Landlord's design. TENANT SHALL DE RESPONSIBLE FOR THE COST OF ALL lMPROVEMENTS NOT LISTED ABOVE. TENANT AGREES: 1. To deliver to LandIord within fifteen (15) days from Tenant's receipt of the executed lease, a drawing setting forth those improvements required by Tenant in addition to those improvements provided by Landlord. 2. Upon receipt of Tenant's drawings, Landlord shall cause'lmprovement 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 rlhich Landlord is responsible if not utilized or substituted for. The amount of said credit to be determined by Landlord's Contractor. Improvement Plans shall be prepared by arrangements are made, in writing, prio Landlord or Landlord's Architect s involved before the ement Plans, and Tenant is 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 improvemer.ts as indicated on the approved Cost Breakdown.