HomeMy WebLinkAbout1990-06-26; City Council; Resolution 90-193f e 0
RESOLUTION NO. 90-193
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WBAD, CALIFORNIA APPROVING ALEASE AGREEMENT
WITH COLONIAL MALL FOR SUmS My N, 0, T LOCATED
AT 1207 ELM AVENUE, COLONIAL MALL., CARLSBAD,
CALIFORNIA
WHEREAS, the City of Carlsbad, California has determined the need to '
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provide additional office space to expand the Library's Adult Learning Program; and
WHEREAS, after negotiating with the Manager of Colonial Mall for 8!1 additional office space, the City Council has decided to expand the lease for office 9
10 space with Colonial Mall;
11 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
12 Carlsbad, California as follows:
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1. That the above recitations are true and correct.
2. That the Lease Agreement between the City 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.
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1 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad
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City Council held on the 26 t h 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 Cle&
(SEAL)
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e EXHIBIT A
LEASE
THIS LEASE, made this /5 day of p/IAv /?W
between euLoMyAL dLL
hereinafter known as "LessIx",
and
&W OF C2kS-b
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hereinafter known as "Lessee".
IT IS AGREED between the parties hereto as follows:
I - DESCRIPTION OF LEASED PKUPERTY
Lessor hereby leases to Lessee and .Lessee hires from Le:
on the terms and conditions hereinafter set forth, Space No.
mb//r of /2876wAt/E., &N/kdd, County of San Die
State of California, consisting of apprGximately - 4359
square feet, together with the non-exclusive righ2 tG use thc
adjacent paved off-street parking area.
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I1 - TERM
The term of' this lease shall @e for a period of /
year$, commencing on JULY L 1790 and ending
on &Z%& 34 /?y/ unless sooner terminated purs.c;ar,,t to any
provision hereof, ' LE5S AcQUkEh Ti n/U7/Fy
LESSOR /2i7 DlYS PR/Ok 70 7425 ENN'4 OF &NV
CE4SG Pi/Ob*
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I11 - RENT
Lessee shall pay to Lessor, for rent of said leased prc
perty, the sum of fi~~&@/&!d&Eii &6jf?Z& '% $8
($ /, 5M 50 ) per month as follows:
$ 2.8/6.475 to be paid at the execution of the lease and to apply as rental for the following:
dA 578: 3u JiLY /e& LE-A~HvmEd7- ?k=.m &4
#4 LW-7 76 &7- &7%5 - #?3H"7-
$ // 5MW on the first day of each AtOrJth com-
mencing &&us7 /, /990 -- and continueing until
C/UAf€ 30, /97/
If necessary, the first month's rent will be prorated so thi
future monthly payments are due a.nd payable on the first da!
each month.
IV - ADDITIONAL RENTAL
As additional rental, Lessee agrees to pay, upon demanc
Lessee's prorata share for any real estate taxes which may 1
assessed or imposed on the proFerty for land and b\;ilding
improvements, in excess of the real property taxes for the
fiscal year commencing. 6 -84 and ending 6-
As additional rental, Lessee also agrees to pay on a monthl:
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any increase (or prorata share if increase) of cnxges for 1
sewer-, trash pick-up and electricity cver the calendar year
ending /987 . As additianal rentak, Lessee agrees
upon demand, the Lessee's prorata share for any assessments
, maintenance or repair of parking spaces which may be assess
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imposed on the property during the term cf the leaee.
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- V - CLEANING DEPOSIT
Lessee shall deposit with Lessor upon execution hereof
$ z50.00 as a non-refundable cleaning deposit to
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 heremder kill cause Lessor to
incur costs not contemplated by this Lease, the exact amount
of which wil1,be extremely difficult to ascertain. Accordin
if any installment of rent or any other sum due from Lessee
not be received by Lessor or Lessor's 2esignee within ten (1
days after such amount shall be due, then, without any requi
ment for notice to Lessee, Lessee shall p2.y to Lessor a late
charge equal to 6% of such overdue amount. The parties here
agree that such late charge represents a fair and reasonable
estimate of the costs Lessor will incur by reason of late pa
s ment by Lessee. Acceptance of such late charge by Lessor sk
in no event constitute a waiver of Lessee's default. with res
to such overdue amount, nor prevent Lessor frbm exercising a
of the other rights and remedies granted hereunder.
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- VI1 - USE OF THE LEASED PROPERTY
Lessee shall use the leased property for the purpose of
conducting AW &Y 4~ c?Ai4L&/s ~us/44c-55
together with any incidental business in furtherance th,ereof.
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.
VI1 - A.?,TERATIONS, 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 th
property of Lessor and remain updn and be surrendered with th
Premises at the expiration of the term: Lessee shall keep th
leased property free from any 1ier.s arising out Gf any work p
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 maintecance and
scaping .
Lessee agrees to pay all chargesfor gas, electricity, t
phone, cleaning and maintenance of the inside f>f the leased p
erty and any other commodities, convenf.ences or services used
Lessee, in, upon or about the leased property during the term
the lease.
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X - REPAIRS AND MAINTENANCE
Lessee, at sole expense of Lessee, shall keep and maintz
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, windo,ws, doors and plate 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, a!
all taxes, assessments, charges, licenses and deaands levied
or against the business of the Lessee conducted upon the lea
property, together with the taxes upon all personal proerty j
Lessee used in or upon the leased property.
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 Fe
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 Mullicipal 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 vxlated a
ordinance or statute.in the use of the leased property shall
clusive of that fact as between Lessor and Le,-" ,.>see.
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XI11 - ASSIGNMENT OR SUBLETTING
Lessee shall not assign this lease, or any interest the
and shall not sublet the leased property or any part thereof
any right or privilege appurtenant thereto, or suffer any ot
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 assignmen
letting, occupation or use by another person shall. not be de
be a consent to any subsequent assignment, subletting, occup
or use by ano%her person. Any such assignment or subletting
out such consent, shall be void and shall, at the option of
terminate this lease. This lease shall not, or shall any in
'therein, be assignable, as to the interest of Lessee, by ope
of law, without .written consent of Lessor. Lessor agrees no
unreasonably withhold its consent to any assicpment or suble
XIV - LESSOR TO BE HELD HARMLESS
Lessee, as a material part of the considcratiolt to be I
, 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 F
'in or about the leased property from any cause arlsing at ar
and Lessee will hold Lessor exernp'i; and harm]-ess from any dan
or injury to any. person, or to the goods, wares, and merchar
of any person arising from the us$? of the leased property bj
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see, or from the failure of Lessee to keep the ieased proper
good condition and repair, as herein provided.
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XV - NON-LIABILITY OF OWNER FOR DAMAGES
This lease is made upon the Zxpress condition that Les
to be free from all liability, and claim from dmages by re
any injury to any person or persons including Lessee, or pr
of any kind whatsoever and to whomsoever belonging, includil
see, from any cause or causes whatsoever while in, upon or i
connected with the leased peoperty during the term of this :
any extension hereof or occupancy heremder, Lessee hereby t
anting and agreeing to indemnify and save harmless Lessor fl
liability, loss, cost and obligations on account of or aris:
of any such injuries or losses however occuring.
XVI - LIABILITY INSURANC3
Lessee further agrees to take out and keep in force and
during the life-hereof at Lessee's expense, public liabilitl
ance' in companies acceptable to. the Lessor to protect again:
liability to the public inciden.t to the use of or resulting
any accidents occurring in or aboslt the leased Froperty, the
under such inswance to'be no less that $300,000.00 for any
son injured, or $500,000.00 for any one accident, or 100,000
property damage. These policies shall insure the contingent
bility of Lessor and are to be placed with Lessor, and Lesse
obtain a written obligation on tke part of the insurance car
to notify Lessor in writing.prior to any cancellation thereo
Lessee agrees, if Les,see does not keep such inscrance in ful
and effect the Lessor may take oul: the necessary insurance a
-the-premium and the repayment thereof shall be deemed to be
the rental and payment..as such an the next day upon which th
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XVII - REMEDIES OF LESSOR ON DEFAULT
Should default be made in the payment of any of the ren
be paid hereunder and such default continue for 3 period of
days after written notice from Lessor to Lessee, or should d
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 i
such event and in addition to ar,y and all other rights or re
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 allowA for curin
default, ther. such default shall be deemed to be rectified i
shall have connenced within such period to comply with the p
hereof which have been breached by it, and if Lessee shall,
diligence, proceed to rectify s,uch default: or Lessc?r, at op
. Lessor, and without declaring this lease ended, may re-enter
leased property and lease the whole or any part thereof for
account of Lessee for a term greater ar lesser than the rema
balance of the leased term, and on such other terms and cond
and for such reasonable rent as Lessor may deem proper, and l
lect said rent or any other rer.t that nay thereafter become
and apply the same toward the.amount due or thereafter to be
due from Lessee and on account of the reasonable expenses of
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subletting incurred by Lessor. Should such rental be less t
that herein agreed to be paid by Lessee, Lessee agrees to pa
deficiency to Lessor and to pay to Lessor, forthwith upon ac
reletting, the costs and expenses' Lessor may incur by reasor
of.
XVIII - INSOLVENCY, RECEIVER I
Either the appointment of a receiver to take possessior
all or substantially all of the assets of Lessee, or a gener
signment by Lessee for the benefit of creditors, or any acti
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 pa
hereto as agair,st the other hereon or hereunder, or by reasc
the breach 02 any covenant or condition on the part of the c
party, or arising' out of this lease, then and in that event
party in whose favor final judgment shall be entered shall 1
, titled to have and recover of and from the other xeasonable
ney's fees to be fixed by the Court wherein such judgment st
entered.
XX - FIRE INSURANCE
Lessor shall be r.esponsib1e €or carrying the necessary
surance on the building and, the improvements on the leased I:
Lessee shall be responsible forcarrying the necessary
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insurance on its own fixtures, equipment, inventory and stoc
all other items located on the leased property belonging to
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XXI - DESTRUCTION OF LEASED PROPERTY
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 witk
ninety (90) working days under the laws and regulations of 5
Federal, County or Municipal acthorities, but such partial c
tion shall in no way annul or void this lease, except the ~e
shall be entitled to a proportionate deductim to be based u
the extent to which the making of such repairs ahil interfe /
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the business carried on by Lessee. in the said leased propert
the repairs cannot be made in ninety (90) working days, Less
at his option, make same within a reasonable time, this leas
tinuing to be in full force and effect and the rent to be pr
ionately rebated as aforesaid in this paragraph provided. I
event the Lessor does not so elect to make such repairs whic
not be made in ninety (90) working dzys, or such repairs can
made under such laws and regulations, this lease lay be term
, at the option of either party.
In respect to any partial destruction which Lessor is o
gated to repair or may elect to repair mder the terms of th
paragraph, the provisions of Section 1932.2 and 5ection 1933
the Civil Code of the State of California, are ::>sived by Les,
The pertinent sections, above referrsd to, of the Civil
of the State of California read 2.s follows:
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Section 1S32. The hirer of a thincir may terminate the hiring before the ,end of the term agreed upon.
(2) When the greater part of the thing h.ired, or
that part which the Jelzer had at the time of the hiring reason to believe was the makerial inducement to,the hirer to enter into the con- tract, perishes from any other cause than the want of ordinary care of the hirer.
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Section 1933. The hiring of a thing terminates:
(4) By the destruction of the thing hired.
In the event that the building in which the leased pro
may be situated be destroyed to the extent of not less that
percent of the replacement cost thereof, Lessor may elect t
minate this lease, whether the leased property be injured o
A total destruction of the building in which the said lease
perty may be situated shall terminate this lease.
In the event of any dispute between Lessor and Lessee,
tive to the provisions of this paragraph, they shall each s
an arbitrator, the two arbitrators so selected shdi select
arbitrator and the three arbitrators so selecte,.! shail hear
determine the controversy and their decislor1.s thereon shall
final and bi21ding upon both Lessor and Lessee, who shall bet
cost of such arbitration equally between the.m.
XXII - NOTICE
Any and all notices or demands by or from Lessor to Le:
or Lessee to Lessor shall be in writing. They shall be sen
either personally or by certified mai:tX return receipt requc
If servedpersonally, service shall be conclusivel~~ deemed n
the time of service. If serve2 by ceztified 'mail, service E
be conclusively deemed made forty-eight (48) hours after de[
thereof in the United States mail, post.age prepaid and certj
mail fee prepaid, addressed to the party to W~OK. :rick notice
mand is to be given.
Any notice or demand to, L9sr;or may ~JE! given to Lessor a
1207 iilm Avenue, Carlsbad, California 92008, or
to such other address as Lessor may from time to tine indicate in writing.
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Any notice or demand to Lessee may be given to Lessee E
Address established for the leased property or to such other address as Lassee may from tiin)?
to time indicate in writing.
XXIII - WAIVEF?
The waiver by Lessor of any breach of any term, covenan
condition herein contained shall not be deemed to be waiver
such term, covenant or condition herein contained. The subs
acceptance of rent hereunder by Lessor shall not be deemed t
a waiver of an:? preceding breach by Lessee of any term, cove
or condition of this lease, other thax the failure of Lessee
pay the particular rental so accepted, regardless c:f Lessor'
ledge of such preceding breach at the time ~f accep.i.ance of
rent.
XXIV - HOLDING GVER
Any holding over after the. expiration of the said term,
the consent of Lessor, shall bE constr!led to be d tenancy frc
to month, at the rental specified. in this lease, and shall 0'
wise be on the terms and conditions herein specified, so far
applicable.
XXV - OPTION T3 RENEW
It is further agreed that, in the event thzt. Lessee fulj
all of the terms and provisions of this lease durinq the tern
hereof, Lessee shall have the right and opticn to renew or e>
this lease for a further term of e xXx yl:cars, commencinc-
the expiration of the original .term, u.nder the same terms and
conditions as provided for herein, witti the exception of the
rental price., The rental price for the new term cf % *
years shall be determined and agreed upon. by the Farties here
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Sho\.:Id khars by tin inability to agree upon said monthly re
each party shall select, an arbitrator and the two arbitrat
shall determine the reasonable rental vs.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 9
by Lessvr at leas': sixty (60) days before the expiration o
terq ::f this leas, which. notice must be in writing; and it
expressly agreed by and between the parties that time is Q
essence in the giving of said notice.
XXVI - CQNTROL OF OFF-STREET PARKING
l.:n reference to the' off-street parking, Lessor shall
riTht tc? adopt ru1~s and regulations for the use of the of
parking by Lessee and shall have the rigiit to designate sp
parking areas for Lessee, employees of Lessee and the gene
lic. Any non-compliance with said rules and regulations o
designated parki.ng areas shall constitute a breach of this
Lessee.
XXVII - SIGNS
Lessee shall have the right to display in or upon the
properky customary trade signs, relating only to the busin
which the leased property is leased. The character and lo
of said signs shall be subject to the written approval of
Lessee shall not place any projecting sign, marquee or awn
the front of the elased property without the written conse
Lessex. It is farther agreed that Lessee shall conform to
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sign ordinance of the City of Carlsbad and pay any and all cos
connected with the installation of any signs, marquee or awnin
including, but not limited to, any permits or fees required by Ci
of Carlsbad.
XXVIII - CAPTIONS
The title or headings to the paragraphs of this lease are not
part of the lease and shall have no effect upon the contruction
interpretation of any part thereof. It is hereby agreed that t
singular wherever used herein shall include the plural, and t
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 heir
successors, executors, administrators and assigns of all the parti
hereto.
XXX - OPTION PERIOD AND LEASE PAYMENTS
TERM
July 1, 1991 - June 30, 1992
July 1, 1992 - June 30, 1993
July 1, 1993 - June 30, 1994
LEASE PAYMENT
$1,630.80/month $1,698.75/month
$1,766.70/month
IN WITNESS WHEREOF, Lessor and Lessee have executed this lea
the day and year first above written.
LESSOR LESSEE
By : gQlK- - BY : Lqq @a *[" f a
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