HomeMy WebLinkAbout1984-11-06; City Council; Resolution 78051
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A RESOL
CARLSBA
LEASE A
LIBRAR
Wherea
Zalif ornia has d
the City to ente
in the Plaza de
NOW, 'I
of the City of C
1. Tk
Carlsbad and Plc
is attached here
by reference, i.5
2. TI
of $11,636.00 i!
3. TI
authorized and (
of the City of (
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RESOLUTION NO. 7805
'ION OF THE CITY COUNCIL OF THE CITY OF
CALIFORNIA, AUTHORIZING EXECUTION OF
LEEMENT FOR ADDITIONAL SPACE FOR BRANCH
IN PLAZA DE LA COSTA SHOPPING CENTER.
the City Council of the City of Carlsbad,
:ermined that it is in the best interest of
into a lease agreement for additional space
L Costa Shopping Center for the branch library,
GREFORE, BE IT RESOLVED by the City Council
rlsbad, California, as follows:
2 a certain agreement between the City of
I de la Costa Shopping Center, a copy of which
2 marked Exhibit "A" and incorporated herein
iereby approved.
t fund transfer number 740 in the amount
3n file and incorporated by reference herein.
t the Mayor of the City of Carlsbad is hereby
rected to execute said lease, for and on behalf
rlsbad.
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PASSED, APPROVED AND ADOPTED at a regular meeting
of the City Council of the City of Carlsbad, California, on
the 6th day of "her , 1984 by the following vote
to wit:
AYES:
NOES: Mne
ABSENT: "z?
Council -s Casler, Lewis, Kulchin, Chick and htescott
%Ep+- CASLER, Mayor
ALETHA L. RAUTENKRANZ, CityJClerk -- -. .
i'
(SEAL)
3
THIS LEASE. daled for
is made h~~.~~ee~ Plaza de
"Land\ord")a,li Citv of
1. PRETvlISES. LandIord
shall furnish to tan tified by Tenant to be correct, showing the total gross sales made
10 84
La Ccsta Associates (the
(the "Tenant").
he-eby leases to Tenant and Tenant hires from Landlord on the terms, covenants and
reierence ourpo:.ss nnlv thir. 30th dav o! October , -1
qarlsbad Library - La Ccsta Branch
FOTItA A RT 7050 FL - %ET
square feet, is located
2. MINIMUM RENT.
monthly sum of S
month during tne
, in advance on or before the first day of each and every successive calendar
the first month's rent shall be paid upon execu:ion hereof. The rent shall ,
'.
.,-1., , --:? ,,., . ?& . . -e-p++F' I , , _1.1,.11 ,- I/l,l
I_
paymen!. l'hthin thirty (30) days afrer the end of each calendar year of the rerm hereof, Ten
Landioro a starempnt in
from rhe Leased
Landlord and
end ot the term.
4. TERM. The leased
may commence prior to
cammence on the date that the rental commences and shall be Tor a period of
Four (4) years. The ereto acknowledge that certain obligations under various articles or exhibits hereof
term, i.e., construction, hold harmless, fiability insurance, etc, and the parties
agree to be bound by these articl s prior tn thP cnmmPncement of the lease term. City *hall tb option -
errend tir term of this beme hnaemznt for a perloC of OM, +yo or three yea-..
c:cy must exercise t!-as optior iv y~itzdn form cc lessor at haat IBD days prior to
initiai Le.- eGLracior. henr +or tnc emnoad rem EM:: be 61-00 per square tmt
of leased space, plus ttle increase ot tm Consumers Price Ln&x over the previous n
aliments, the Landlord shall
- ce providing protection against any ped inciuded
th insu lance against vandalism, maiicious mischief,
ement cost of the center OJ the buiiding of which the leased
nsurance that the beneiiciary under any first trusl deed might
re qu ire.
employees wages, social security, unemployment contributions, union benefits,
Tenant's prorara share is deii rea of the Leased FrEmi:es
and ior no otner purpose-ar
tne premises can be used for such
authorities whether or not the
iaws, ordinances, orders and
6. DELAY IN DELIVERY 1 POSSESSION. If Landlord for any wson whatsoever, cannot deliver possession
of the Leased Premises to Ter: nt at the commencement of the term of this lease, this Lease shall not be void or
voidable, nor shall Landlord be liable to Tenant for any loss or damage resulting therefrom, but in that event :here
shall be a proponionate rcducti n of rent coverins the period between the commencement of the txm and the time
when Landlord can deliver posse i sion. The term of this LEase shall he extended by such delay.
..a I Landiord does nor rspresent nor rva:iant that I nr. r --
purpose, as it is incumbent upon Tenant to asceflain from the propercove!nfienia!
premises can bs-used tor tenants intended use. Tenant shaii promptiy comply rvith ali
regJlations affecting the Leased Premises and their cleaniiness, safety. occupation and
8. UTILITIES. Tenant shali
metered to the Leased Fremises.
servicing the Leased Premises
ment when due directly to the
water or any other utility, Tenant
metered charges. Landford shaii
service, and no such failure or
other charges.
pay for ali warer, gas, heat, light, power, teieonnne service and all other utilitl?s
Landlord furtner resews the right to instali separate merers for any public utiljry
for which a meter is not presently installed, in which event Tenant shali make pay-
public utility invofved. In tile event the premises are nor sepaiateiy mEiered for
shaii pay a retsonabie proportion, to he d-iermined by Landiord, of ali jcin:iy
not be iiabie in damages or otnenvise ior anv faiiure or interruotion of any utiiiry
interruption shali entitle Tenant to terminate this Fsase or ahate :he ren: and
9. ACCEPTANCE OF PREM
Premises and accepls the same as
11. FIRE INSURANCE HAZA~DS.
SES. By entry hereunder, Tenant acknowledoes that it has examined :he LEajed
being in thk condition calied for by this Leas.. See Article 34 reGarzln5
Construction Aliovanct
77-01 No use shall he madk or permitted to be made of the Leased Premises,nor acts donc,whichwili increase
sole cost and expense, comply
~&..-+&,&!&q!+&g+&g~
expense, shall proviae and ice
in full force and effect: Such policy shall name Landlord as an
that Landlord shall not be liable, or suffer loss by reason
or in any way connected with the condition or use of the
or personal property therein, including without
to tne person or property of tenant, its agents, officers, Pmpioyees or invlieE5.
injury or loss hoLvever occurring. except if caused by Landlord's
Landlord's request, will at Tenant's expense, resist and defend such action.
be resisted and defended by counsel desisnated bv the insurer whose poiicy
by Tenant ana approved by Landlord. The ohlii;ations of Tenant
taking piace during the Lease Term shali survive any termina-
iiiniiation any liability for
Tmant agrees to indemnify
account oi, or arising out of,
13.02 In case any
under the paragraph
suit or proceeding,
uolion on
ne l'gence.
City is self-insured.
and hold it harmiess irom any and all liability, Iff=, cost, or oS1i:-
proceeding is brought against Landebri oy reason of anv such occurrence,
covers the
tion of this Lease.
14. REPAIRS.
ovisions of Parapoh 74.01 hereinabove, Landlord shall repair and maintain the
ises, including the Exterior walls and root, uniess such maintenance and repairs
act, neg!ect, fault or omission of any duty by tne Tenant, its agents, sewants, are caused in part or in hole
need of such repairs or mainte
shall be no abatement of rent
hereafter in effect
arch 1 of earh year
and Tenant's allocable share
shall be imme-
n the date Tenant ooens for business, in accordance with a sign criteria handed
17. ENTRY BY LANDLORD. Tenant shall permit Landlord and Landlord's agents to enter the Leased Premises
at all reasonable times for the p rpose of inspecting tne same 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 oi same including
the erection and maintenance of i ch scaffoiding, canopies, iences, and props as may be required, or for the purpos?
of posting notices of non-respon ibifity ior alterations, additions, or repairs, oi for tne purpose of piacing up~n :he
Leased Premises any usual or o dinary "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 occasioned; and shall permit
Landlord at any-time within thir 1 I (30) days prior to the exniration of this Lease, to piace uDon the Leased Fiemise~
anv usual or ordinary "to let" or
and ieTain a key with which to
vaults and safes. The Tenant
the Leased Premises without
shali in each case furnish the
{ease" signs. For each of the aforesaid purpaszs; Landlord shall at all times haw
all of tne coors in, upon and ahout the Leased Fremises, exciuoing Tenant's
alter any lock or instali a new Oi addirional lock or any boil on any door of
consent of the Landlord. If Landlord shali give its consent, the Tenant
a key for any such iock.
18. DESTRUCTION. in premises are damaged or destroykd by earthquake or by iire nr Ether
casuafty to the extent that
mum guaranteed rental
for use and occupancy,
tion of Landlord it is
Landlord's option,
notice that it does
rendered unfit for USE ana occupancy, then, and in such evenr the mini-
hereof shall be abated to the extent that said premises are unfit
been repaired and restored by Landlord. If, in the sole discre-
uneconomical to repair the same, then, in such event, and at
of no further force and efiect, unon the Landlord's giving
19. Tenant shall nor either volunrarily, or by operation of law. assign,
transfer, mortgage, pledge, hypotnecate or encumber this Lease or any interest Therein, and shall not sublet the
leased Premises or any part ther of, or any right or privilege appurtenant thereta;or allow any other person (the
employees, agents, servants and invirees of Tenant excepted) to occupy or use the teased Premises, or any portion
thereof, wirhout the wrirren con ent tif tandford fin1 had and obtained, w'nich consent shall nor 5. unreasonably
withheid. A consen1 t~ OnE assicj ment, suhiening, occupation or rrse by any other person shall not be deemed to he
a consent to any subsequent a ignment, subletting, occupation or use by another person. Consent tu any such
assignment or subletting shali in no way relieve Tenant of any liabiiity under this LEase. Any mch assignment or
subletting without such consent hall be void, and shall, at the option of the Landiord, constitute a default under
In the' event that Landlor shall consent to a subiease or assignment hereunder, Tenant shall pay Landlord
reasonable fees, not to exceed I ne Hundred and NolfOOths (SlOO.00) Dollars, incurred in connection with the
processing of documents necess ry to giving oi such consent and assumption by the assignee. In the event 01 a
consented to assignment, the security I deposit shall be deemed to be the sole property of the assignee.
ASSIGNMENT AND SUB ETTING.
the terms of this Lease. I
20. TENANT'S DEFAULT.
and breach of this Lease by
e occurrence of any one or more of the following events shall constitute a default
A. The vacating or of the Premises by Tenant
E. The failure by
hereunder, as and when
C. The failure by
to be observed or
thereof by Landlord to Tenant
period of fifteen
of Tenant's
any payment of rent or any other payment reouired to be made by Tenant
failure shall continue for a period of three (3) days after wrinen notice
or periorm anv of the covenants, conditions or provisions of this Lea=
other than described in E, above, where such failure shall continue for a
hereof by Landlord to Tenant;pravided, however, that if the nature
(15) days are reasonably required for its cure, then Tenant shall
such-cure within said fifteen (15) days period and thereaiter
or general arrangement for the benefit of creditors;or
adjudged a bankrupt, or a petition or reorganization or
the case of a petition filed against Tenant the same k
or a receiver to take possession of substantially all
in this Lease, where ponession is not restored to
judicial seizure of substantially all of Tenant's
where such seizure is not divharged in
thirty (301 days. I
8
vJhich Landlord may have by reason
Terminate Tenant's right
terminate and Tenant shall
shall be entitled TO recaver irom
but not limited to; the cost of
renovation and atteration of the
having jurisdiction thereof of th
22. DEFAULT BY
deed of trust fails to
thirty (30) days atter
Fremises whose name
Landlord has failed to
that more than thirty
said beneficiary
shali not & in default unless Landlord or the heneiiciary under any
of Landlord witnin a reasonabfe time, but in no event later than
Landlord and to the beneficiary of any deed of trust covering the
been furnished to Tenant in writing, specifying wherein
that if the nature of Landiard's oSliGation kwch
Landlord shall not he in default if Landiord or
and thereafter diiigentiy proszcutes the
this Lease as a result of Landiord's default
of such defauir or breach:
to possession of the Premises by any lawful means, in which case this Lease sinall
immdiately surrenaer possession of the Fremises to Landlord. In such event Landiord
Tenant all aamages incurred by tandiord by reason of Tezant's default including,
recovering possession of the Fremises; expenses of reletling, including necessary
premises; reasonable attorney's fees; the worth at the time of award by the court
! amount by which the unpaid rent and other charges and Adjustments called for
23. ATTORN€YS' FEESKOL ECTION CHARGES. In the event of any feoal action or proceedin! between the
parties hereto, reasonable atrorneys' fees and expenses of the prevailing paw in any such action of proceeding mav
be added to the judgment therei , including atrorneys' 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 nccunancy hereunder, Tenant shall
pay to Landlord irs cost and expenses incurred in such suit, including a reasonable attorneys' iees. h addition to the
chargcs provided i~r above, Ten nt shali pay a charge of $75.00 lo Landlord for preparation of each demand for
deiinouent rent I
24. SURRENDER OF LEASE OT MERGER. The voiuntary or other surrender of this Leas? by Tenant, or a
mutuai cancellation rhereof, shal not work a merger, and shall, at the option of Landlord terminate all or any
existing subtwses, and/or cies, or may, at the option of Landlord, operate as an assignment to it of any or
all of such subleases or
25. CDNDEMNATION. If
parking or common areas
remains which is
date title shall
of the Leased Premises or the building of which it is a part, or the Center or
be taken or condemned for a public or quasi-pubiic use, and a part thereof
hereunder, this Lease shalt, as to the part SO taken, terminate as of the
the rent payable hereunder shall be equitabfy adjusted; but in such went
discretion, to terminate this Lease as of the date when title to the pan so
the Leased Premises, or such part thereof be taken or condemned s.0 that
hereunder, this Leas. shall thereupon terminate. If a part
all compensation awarded upon such condemnation or taking
c!aim thereto, and the Tenant hereby irrevocably 2ssigns and
or damaps to vihich the Tenant may he entitled during rhe
part of the Leased Fremiser
Association shall be
nd centerwide advertising. The Tenant agrees IO pay
nner to default in rent with like rights of Landlord at its option to the
21. andlord 0: any hriacn oi anv Term, covenant, or condiiion herein coniained ;hall
not be deemed to be a waiver 0 such term, covenant, or condition or any suosecuent breach of rne same or any
other term, covenant. or condiriosn herein conrained. The subseouent accepiance of rent nereunder by Landlord shall
not be oeemed to be a waiver of any preceding breach by Tenant oi any term, covenant, or condition of this Lease,
other th;n the failure of Tenant o pay the particular rental so acceoferf, repardlea of Landlord’s knowledge oi such
preceding brEach at the time of a i cepiance oi such rent.
YiAIVER. Tne LGaiver by I
any prospective purchaser or
a pan
28. EFFECT OF HOLDING
expiration of the tease term a
tenancy from month to month,
same are applicable to a month-t
VER. If Tenant should remain in posstssion of the Leased-Premises after the
without executing a new Lease, then such holding over shall be construed as a
to all the conditions, provisions, and obligations of this Lease insofar as the
encumbrancer of ali or any portion of the reai property of which the Premises are
t
31.10 Inability to Perform.
impaired because the Landlord is
inability or delay is caused by
control of the Landlord.-
way affect, impair or invalidate
effect
31.11 Partial invalidity.
31.12 Cumulative Remed’es.
possible, be cumulative with all
31.13 Choice of Law. This
30. RULES AND
Landlord shalt
NS. Tenant shall faithfully observe ana comply with the ruies ann rezulations that
promutoate and/or modify. The rules ana regulations shall be binding upon the
them to Tenant. Landiord shall not De resDonsible to Tenant for the nonperiorm-
by any other tenanrs or occupants. Said ruies may inciude (a) the restricting
of mste removal.
This Lease and the obliptions of the Tenant hereunder shall not be affected or
unable to fulfilf any of its obligations hereunder or is delayed in doing so, if mch
reison of strike, labor troubles, acts of God, or any other taus? beyond tne rezsonable -
Any provision of this Lease which shall prove to be invalid, void, or illegal shall in no
;any other provisions hereof and wch other provision shali remain in full force and
No remedy or election hereunder shall be deemed exclusive but shall, wherever
Lease shall be governed by the laws of the State in which the Premises are located.
other remedies at law or in equity.
31. GENERAL PROVISIONS.
31.01 Pian and Riders. iauses, plats: riders and xidendums, if any, affixed to this Lease are a part hereof.
31.02 Venue. Landlord 1 ill execute tnis tease and will receive the rent and other payments at Landiord’s
office. Therefore the county In
of this Lease and shall have no e i ect upon the construction or interpretation of any part hereof.
for transitory actions.
and several.
hich Landlord’s office is lncated is hereby deemed to be a proper place of venue
31.03 Joint Obligation I there be more than one Tenant the obligations hereunder imposed shall be joint
31.04 Marginal Heading% The marginal headings and article titles to the articles of tnis Lease are no; a pan
e essence of this Lease and each and all oi its provisions in which periorrnance isa
Th? covmants and conditions herein contained. subject to the provisions as to
heirs, successors, executors, administrators and assigns of the parties hereto.
Landlord nor Tenant shall record this Lease, but a short form memorandum
the rent reserved hereunder and observing and performing all of
part to be observed and performed hereunder, Tenant shall
hereof, subject to all tne provisions of this Leas?.
of the agreements of the parties hereto with respect to any
agreements or understanding pertaining 10 any such matters
Lease may be amended or added to except ny an agreement
succmors in interest. This Lease shall not be effective or
factor.
1-
,-
36.15 Sal~ of Premises by
and is htreoy entirely free0 and re
in or derived from this Lease arjsiip
such sale; and the purcnaser, at
further agreement between the
to have assumed and agreed 10 carry
Lease.
30.15 Subordination,
. rights hereunder to the iien of any
institution, now or hereafter in force
the security thereof.
In the event any
of sale under any mortgage or deej
the purchaser upon any such foreclIsure
If Tenant subordiriat2s
Lease shali remain in full force and
30.16 Notices. All notices
party on the other hereunder shall
sent by United States Mail, pos;age
or to such other piace as Tenant
demands bv the Tenant to the
Landiord at the address set forth
.
designated in a notice to the Tenant.
To Landiord at:
To Tenant at -e
Landlord. In rne went oi any sale of :he Premiscs by Landlord, Landlord shal! be
ipved of all liabiliry under any and ail of its covenants and obligarions Conrained
out oi any act, occurrence or omision occurring after the consummation of
such sale or any suhseouent sale Of lhe Premises shall be deemed, without any
parties or their successors in interest or between the parties ana any such purchaser,
out any and all of tne covenanrs and ohligations of The Landiord under this
Attornment Upon request of the Landlord, Tenant will in writing subordinate its
mortgage, or deed of trust, to any bank, insurance company or other lending
against the premises, and to all advances made or hereafter to be made upon
proceedings are brought for foreclosure, or in the event of the exercise of the power
of trust made by the Landlord covering the Premises. the Tenant shall attorn IO
its rights hereunder, tnen so long as Tenant is not in default hereunder, this
effect for rhe full term hereof.
3nd demands which may or are to ne required or permitted to be given by either
be in writing. All notices and demands by the Landlord to the Tenant shall be
prepaid, addressed to the Tenant at the Premises, and to the address hereinbelow,
may from time to time designate in a notice to fhe Landlord. All norizes and
LAndlord shall be sent hv United States Mail, ponage prepaid. addressed to thc
herein, and to such other person or piace as the iandiord may from time to time
C.W. Clark, Inc. (address below)
..
or sale and recognize such purchaser as the Landlord under this Lease.
i
Attention: Cliff Lange, Director
City of Carlsbad Library
1250 Im-Aven e, Carlsbaff CA 9200E 32. VALIDITY OF 'LEASE: .The Lease shalt be effective only a%er I enantxas received a u ~y execute0 copy of
34. TLANDUIRD CONSTRUCTION
by Landlord, Landiord wil;.
square foot. Also, tenant:
the plans and specifications,
along with the construction
Landlord will procure thr
to review said bids.
this Lease from Landlord.
initial check. -
should not assume that this leasing transaction has been completed or the Lease
ecause of any oral representation or because Landlord has negotiated Tenant's . has been executed by
CONTRIBUTION. In addition to the Exhibit "2" items provided
contribute an additional improvement allowance of $6.00/
agrees that Landlord will construct the leased premises per
and that any cost over and above the Exhibit "B" items,
allowance, will be the responsibility of the tenant.
!e (3) bids, and both Lessor and Lessee will have the right
33. MONTHLY RENT. The m nthly rent shall be as follows:
February 1, 1985 - J nuary 31, 1987 ($1167.20)
February 1, 1987 - J nuary 31, 1988 ($1313.IOj
February 1, 1988 - J i nuary 31, 1989 ($1459.001
LANDLORD
PT&W DE LA COSTA ASSOCIATES
c/o C.W. Clark. In-.
35. "AS IS" CONDITION. enant hereby accepts space in an "as is" condition. Landlord
has currently satisfied 31-10 in the Exhibit "B" (attached).
36. SIGNAGE. Tenant sha 1 not be granted any additional storefront signage with
this lease.
THE PARTIES HAVE E ECUTED THIS LEASE THE DAY ,AND YEAR SET BELOW THEIR
SIGNATURE: x
By
Date
*: I
-BY David R. Bryant, Gen4ral Partner
Date
Mayor ('
0:u I I,!
I: I1 I
c-- . -
-.
Landlord's Initials
._
-.
EXHIBIT A
- Tenant's Initials
I
LOCATION
TENANT
LANDLORD SHALL PROVIDE
USE
THE FOLLOWING IMPROVEh'lENTS:
1.
2.
3.
4.
5.
6.
7. '
8.
9.
10.
Electrical Ser
d by Landlord, provided with one
light fixture, one electrical wall
CfriC--kO%+V &~~~
above floor; suspended 24" x 48"
9'-0" above floor.
d's selection in restroom, balance
textured drywall over stud as
ceiling and door which are to be
painted (enamel).
Lighting - Front TO
no lamps - panel sw
to rear: 30' to 40L
spaced @ 8'-0'' cent
recessed type, four tube fluorescent Iight fixtures - - 15' to 25' wide store provided with TWO rows, front
provided with three rows, front to rear. (Fixtures
enter, front to rear.)
e unIess otherwise designated
te refrigerated gas-electric
cleaning plants and coin-
as and those businesses not
TENANT SHALL BE RES ONSIBLE FOR THE COST OF ALL IMPROVEMENTS NOT
LISTED ABOVE. P
1. To deiiver to
TENANT AGREES:
within fifteen (15) days irom Tenant's receipt of the
executed setting forth those improvements required by
provided by Landlord.
2.
wings, Landlord shall cause Improvement Plans to
Landlord's and Tenant's improvements and an
any additional improvements. Credit shall be
which Landlord is responsible if not utilized or
amount of said credit to be determined by Landlord's substituted for.
Contractor. Tenant
for work performed and agreed to in preparation
3. Landlord shall then said Improvement Plans and Cost Breakdown to
Tenant and within ten (IO) days thereafter return said
Improvement Breakdown, either indicating approval by signing
two copies of any additiona1 revisions. Concurrently with
pay to Landlord the cost of any additional
approved Cost Breakdown.
Tenant's
Landlord's Initibis Tenant's Initials
13