HomeMy WebLinkAbout1999-03-09; City Council; Resolution 99-77II 0 0
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RESOLUTION NO. 99-77
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION OF THE EXISTING LEASE WITH THE OWNERS OF PLAZA
PASEO REAL SHOPPING CENTER FOR THE LA COSTA BRANCH LIBRARY LOCATED AT 6949 El CAMINO REAL,
SUITE 200. CARLSBAD, CALIFORNIA
' I/ WHEREAS, the City of Carlsbad, California has determined the need to provi
7 11 space for the La Costa Branch Library;
8 I1 WHEREAS, Facilities Management staff has negotiated with the property ma 9
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secured an eight-month extension with an increase in rent from $5,500 to $6,187.50 PC
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Ci
follows:
1. That the above recitations are true and correct.
2. That the Lease Amendment between the City of Carlsbad and the own
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Plaza Paseo Real Shopping Center attached hereto as Exhibit 2 is hereby I
3. That the Mayor is hereby authorized to sign the lease amendment on be
City.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Carl
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regular meeting held on the 9th day of March , 1999, by the following votc
AYES: Council Members Lewis, Hall, Finnila, Nygaard and Kulchi I
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NOES: None
ABSENT: None
24 11 ATTEST:
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ALETHA L. a {a TENKRANZ, Cit!
(SEAL)
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AMENDMENT TO PLAZA PASEO REAL SHOPPING CENTER LEASE
THIS AMENDMENT dated as of January lSt , 1999 is made by and between
THE BOARD OF ADMINISTRATION AS TRUSTEES FOR THE POLICE AND
FIRE DEPARTMENT RETIREMENT FUND AND THE BOARD OF
ADMINISTRATION AS TRUSTEE FOR THE FEDERATED CITY EMPLOYEES
RETIREMENT FUND, as "LANDLORD" and CITY OF CARLSBAD, as
"TENANT".
WITNESSETH
THAT WHEREAS, by that certain undated Lease by and between LANDLORD
and TENANT (the "Lease"), LANDLORD leased and demised unto TENANT to
be operated as the City Library the following described property situated in
Carlsbad, California, to-wit:
consisting of approximately 5,613 square feet of floor
space within Plaza Paseo Real Shopping Center and
more commonly known and designated as 6949 El
Camino Real, Suite 200, Carlsbad, California 92009
(the "Premises")
WHEREAS, the Lease expired on December 31 , 1998; and
WHEREAS, TENANT desires not to vacate the aforementioned Premises at this
time.
NOW, THEREFORE, IN CONSIDERATION OF THE Premises and the mutual
covenants and conditions hereinafter contained, the parties hereto agree as
follows:
1. LANDLORD AND TENANT agree to amend Section 13.1.2 (Holding Over)
revising the rent payment required therein to one hundred twelve and
one-half percent (112.5%) of the Fixed Minimum Rent currently in
place, or $6,187.50 per month.
2. Notwithstanding other provisions of the Lease, TENANT hereby agrees to
pay LANDLORD a minimum amount of $49,500 in Fixed Minimum Rent
as consideration for the hold over of this lease, regardless of the actual
length of time Tenant occupies the Premises. In the event Tenant vacates
the Premises prior to having paid $49,500 in Fixed Minimum Rent, Tenant
shall pay the balance due upon vacating the Premises.
3. LANDLORD AND TENANT hereby covenant and agree that until the
Premises are surrendered, LANDLORD AND TENANT shall perform and
be bound by all covenants and conditions contained in said Lease and
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Addendum to Lease attached thereto and so far as they are consistent
with the provisions of this Agreement.
4. The said Lease is modified in and above in the above particulars only and
all other provisions thereof in so far as they are consistent herewith shall
remain binding and in full force and effect. The above modification shall
henceforth be considered a part of said Lease and is fully and completely
written therein.
IN WITNESSES THEREOF, the parties hereto have executed this Addendum the
day and year first above written.
LANDLORD
CITY THE BOARD OF ADMINISTRATION as trustee for the POLICE AND FIRE
By: DEPARTMENT RETIREMENT FUND
Its: Mal7or
Attest:
By:
Edward F. Overton, Secretary
BY. * d" $.2=,
ALETHA L. RAUTENKRANZ \
Its: k
THE BOARD OF- ADMINISTRATION
as trustee for the FEDERATED CITY
EMPLOYEES RETIREMENT FUND
By:
Edward F. Overton, Secretary