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Home My WebLink AboutC-2688AMENDMENT NO. 1 TO LEASE BETWEEN THE CITY OF ARCADIA AND ARCADIA CHAMBER OF COMMERCE This Amendment No. 1 ( "Amendment No. 1 ") is executed on the ?,27i� day of July 2014 by and between the CITY OF ARCADIA, a Municipal Corporation in the County of Los Angeles, State of California, hereinafter referred to as "Lessor," and the ARCADIA CHAMBER OF COMMERCE, a non - profit California corporation, hereinafter referred to as "Lessee," with respect to that certain Lease by and between Lessor and Lessee executed in or about December, 2011 (the "Lease "). Lessor and Lessee agree as follows: 1. AMENDMENT OF SECTION 7 OF LEASE CONCERNING WASTE. Section 7 of the Lease is amended to read in its entirety as follows- " 7. WASTE. Lessee shall neither cause nor permit any waste to be committed upon the premises and said property and shall keep said property at all times in a neat and orderly condition, free of debris and refuse. Lessee shall at its own expense pay any and all possessory interest taxes and other taxes, pay for all utilities, and repair and maintain the interior (e.g., utility systems, floors, walls, ceiling, windows, HVAC system), and at its own expense shall repair all damage thereto from any cause whatsoever resulting. Lessor shall repair and maintain at its own expense the landscaped areas on said property, including trees, shrubs, turf, grass, irrigation, and the parking lot surface, striping, lighting, building roof and structure. Notwithstanding any provision in this Lease to the contrary, Lessee may remove and thereafter shall replace, solely at its cost and expense and without causing cost or expense to Lessor, one or both of the signs presently located on the property, subject to the requirements set forth in Section 10 of this Lease. In the event Lessee removes and replaces one or both of the signs, Lessee shall thereafter be solely responsible for the cost and expense of repairing and maintaining such signs, without causing cost or expense therefor to Lessor. Lessee shall provide to Lessor written notice, and obtain approval of Lessor, in advance of any repair or alteration involving trenching on the property or electrical panels inside the structure on the property resulting from the replacement of one or both of the signs." 2. AMENDMENT OF SECTION 10 OF LEASE CONCERNING ALTERATIONS. Section 10 of the Lease is amended to read in its entirety as follows: "10. NO ALTERATIONS. Lessee shall cause neither structural alterations to be made to any building, nor alteration, removal or replacement of any sign, on said property without prior consent of Lessor's City Council upon such terms and conditions as Lessor's City Council may prescribe; nor shall Lessee either cause or permit any other work to be performed upon said property or the improvements thereon for which a 1 lien for labor or materials may be lawfully filed without the prior consent of Lessor's City Manager and upon such terms and conditions as he or she may prescribe." 3. REAFFIRMATION OF TERMS AND PROVISIONS OF LEASE. Except as otherwise expressly set forth in this Amendment No. 1, Lessor and Lessee hereby reaffirm all terms and provisions of the Lease. IN WITNESS WHEREOF, the parties hereto have executed the within instrument the day and year first hereinbefore set forth. CITY OF ARCADIA "Lessor" Dominic Lazza o City Manager By: LU -' APPROVED AS TO FORM: Q By:_� Stephen P. Deitsch City Attorney 01 ARCADIA CHAMBER OF COMMERCE "Lessee" Print Name By: President .vim\ 1 SC' t-) <S Print name 110U-ce) e -2ev Lease THIS LEASE, executed on the a 1 5� day of FAY'kaq is by and between the CITY OF ARCADIA, a Municipal Corporation in the County of Los Angeles, State of California, hereinafter referred to as "Lessor," and the ARCADIA CHAMBER OF COMMERCE, a non - profit California corporation, hereinafter referred to as "Lessee," WITNES SETH; WHEREAS. Lessor has constructed a 1,900 sq. ft. office building on property owned by Lessor (388 West Huntington Drive); and WHEREAS, Lessee is in need of office space for the conduct of its business and is willing to lease space in aforesaid building of Lessor upon the terms and conditions hereinafter provided; NOW, THEREFORE, Lessor and Lessee agree each with the other as follows: 1. LEASE. Lessor hereby agrees to lease unto Lessee and Lessee does hereby agree to lease from Lessor the property described in Exhibit "A" attached hereto and incorporated herein by reference, together with the improvements constructed thereon which property and improvements are hereinafter referred to simply as "said property" for the purposes and upon the terms, conditions and restrictions hereafter contained. 2. TERM. The within Lease shall be for a term of five (5) years, commencing December 3, 2011 at 12:01 a.m. 3. RENT. Lessee agrees to pay to Lessor as rental of the said property the sum of Four Hundred Dollars ($400) per month and portion of a month, payable on execution of this Lease and, thereafter, on the first day of each and every month so long as the Lease remains in effect. 4. PURPOSES. Lessee agrees that said property shall be used only for the work, business and purposes of the Arcadia Chamber of Commerce, and shall not be used for any other purposes whatsoever without the prior written consent of Lessor first obtained in each instance. 5. NO ASSIGNMENT — SUBLETTING. Lessee agrees that it will neither assign the within Lease nor sublet any portion of said premises or said property, without Lessor's prior written consent in each instance. The consent to assignment or subletting in one instance shall not be deemed a waiver of the requirement for Lessor's written consent to any subsequent assignment or subletting. 6. USE OF PREMISES. Lessee shall make the building available to Arcadia -based businesses, civic, charitable and community organizations for purposes of conducting the activities and furthering the goals and functions of Lessee. Upon request Lessee shall advise the City as to what groups (entities) are using the leased premises. Lessee shall provide an annual report on this use no later than April 30`h of each year of this Lease. Chamber shall make facilities available a maximum of ten (10) meetings per month but no more than two (2) meetings per month per organization. Chamber may establish reasonable hours and regulations for usage of premises such as to not disrupt the operation of the Chamber. It is agreed that the insurance provided pursuant to this Lease is applicable to the use of the premises and said property by other groups and entities as contemplated herein. The use of the premises and said property is limited to groups and entities that are serving the businesses or residents of the City of Arcadia and is incidental to the main purpose of the Lease. 7. WASTE, Lessee shall neither cause nor permit any waste to be committed upon the premises and said property and shall keep said property at all times in a neat and orderly condition, free of debris and refuse. Lessee shall at its own expense pay any and all possessory interest taxes and other taxes, pay for all utilities, and repair and maintain the interior (e.g., utility systems, floors, walls, ceiling, windows, HVAC system), and at its own expense shall repair all damage thereto from any cause whatsoever resulting. Lessor shall repair and maintain at its own expense the landscaped areas on said property, including trees, shrubs, turf, grass, irrigation, and the parking lot surface, striping, lighting, building roof and structure. 8. UNLAWFUL ACT. Lessee agrees neither to cause nor to permit any unlawful act to be committed upon said property. 9. RECOVERY - ATTORNEY FEES. In the event suit is necessary for either party to enforce any of the provisions hereof, the losing party in any such lawsuit shall pay a further sum to the prevailing party as attorney's fees, the amount thereof to be determined by the Court or administrative tribunal, or agreed upon mediator or arbitrator. 10. NO ALTERATIONS. Lessee shall cause no structural alterations to be made to any building on said property without prior consent of Lessor's City Council upon such teinis and conditions as Lessor's City Council may prescribe; nor shall Lessee either cause or permit any other work to be performed upon said property or the improvements thereon for which a lien for labor or materials may be lawfully filed without the prior consent of Lessor's City Manager and upon such terms and conditions as he may prescribe. 11. INSURANCE AND PROPERTY DAMAGE OR LOSS. Throughout the period of the Lease Period and any extension thereof, Lessee shall maintain with reference to the said property public liability and property damage insurance in the minimum amounts of Two Million Dollars ($2,000,000.00) public liability and One Million ($1,000,000.00) property damage, with Lessor, its officers, officials, agents and employees named as additional insured, and shall at all times maintain on file with Lessor's City Clerk a certificate of such insurance coverage and insurance policy endorsements issued by an insurance carrier authorized to conduct such business in the State of California and ranked by Best Insurance Guide and rated at least B+ XII or better which certificate by its terms shall not be cancelable without at least thirty (30) days written notice to Lessor. Lessor shall not be responsible for any loss or damage to Lessee's property on or about the leased premised during the term of this Lease. 12. HOLD -OVER. The Lease may be extended by the parties hereto upon such terms and conditions as the parties may mutually determine and agree upon in writing. If Lessee remains in possession of said property beyond the tem., of the Lease as hereinbefore specified such holding —over shall be upon the terms, conditions and rental in effect during the last month of the term hereof; unless otherwise specifically agreed in writing. 13. TERMINATION. Lessor may terminate this Lease at any time, subject to twelve (12) months notice to Lessee. 14. NOTICE. Any notice required by or given in connection with the within instrument may be given and shall be deemed to have been given when deposited in the United Sates mail at any place within the County of Los Angeles addressed as follows: Notice to the Lessor addressed to: City of Arcadia Attention: City Manager 240 West Huntington Drive Arcadia, California 91007 Notice to the Lessee addressed to: Arcadia Chamber of Commerce Attn: Executive Director 388 West Huntington Drive Arcadia, California 91007 IN WITNESS WHEREOF, the parties hereto have executed the within instrument the day and year first hereinbefore set forth. CITY OF ARCADIA Lessor ARCADIA CHAMBER OF COMMERCE Lessee By: By: City Manager Executive Director ATTEST By: "11'. 0A-l)\U'-'By: Ci y Clerk APPROVED AS TO FORM: By: � ill ook--- President