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HomeMy WebLinkAboutC-1827t. Lease THIS LEASE, executed on the fifth day of December, 2006 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," WITNESSETH; 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, 2006 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 30a' 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 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 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 ...ltd. � • 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 term 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 The within Lease is executed at and is to be performed within the City of Arcadia, County of Los Angeles, State of California. IN WITNESS WHEREOF, the parties hereto have executed the within instrument the day and year first hereinbefore set forth. CITY OF ARCADIA Lessor By: U u. City Manager ATTEST: By: /"6 a "s ity Clerk APPROVED AS TO FORM: By: 1�.. -. ' A&,r a City Attorney ARCADIA CHAMBER OF COMMERCE Lessee By: 1&0—� - Executive Director By President LEASE THIS LEASE, executed on the third day of December, 2001 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," W ITNESSETH; 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 1• 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, 2001 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 ($400.00)) 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 30th of each year of this Lease. 2 0 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 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 lien for labor or materials may be lawfully filed KI ® • 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 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 premises 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 term 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 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 States mail at any place within the County of Los Angeles addressed as follows: 0 0 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 Vice President 388 West Huntington Drive Arcadia, California 91007 The within Lease is executed at and is to be performed within the City of Arcadia, County of Los Angeles, State of California. IN WITNESS WHEREOF, the parties hereto have executed the within instrument the day and year first hereinbefore set forth. CITY OF ARCADIA Lessor By: vnkA IOWA City Manager ATTEST: Jerk APPROVED AS TO FORM: By: P, J-- City Attorney ARCADIA CHAMBER OF COMMERCE Lessee By: President s 0 EXHIBIT A That portion of Lot 5, of Tract No. 949, in the City of Arcadia, County of Los Angeles, State of California, as per map recorded in Book 17, Page 13 of Maps, in the office of the County Recorder of said County, described as follows: Beginning at the most westerly corner of that parcel of land conveyed to the Los Angeles Turf Club, Inc., and described as Parcel 2 in deed recorded in Book 12619, Page 275 of Official Records of said County; thence along the boundary of the land described in said Parcel 2 as follows: South 51 ° 27' 00" East 481.12 feet; South 380 33' 00" West 150.00 feet; and South 510 27'00" East 30.00 feet to the intersection with the southeasterly line of said Lot 5; thence southwesterly and westerly, along the southeasterly and southerly line of said Lot 5, to its point of intersection with the southerly line of Huntington Drive, 80.00 feet in width, as the same is described in deed to the City of Arcadia recorded in Book 9396, Page 145 of Official Records of said County; thence easterly and northeasterly along the southerly and southeasterly line of said Huntington Drive, to the point of beginning, lying southwesterly of a line described as follows: Beginning at a point on the southeasterly line of Huntington Drive, 80 feet wide, as described in Deed to City of Arcadia, recorded in Book 9396 Page 145, of Official Records of said County, said point being southwesterly 1864.0 feet from the most westerly corner of that parcel of land conveyed to the Los Angeles Turf Club, Incorporated, and described as Parcel 2 in Deed recorded in Book 12619, Page 275, of Official Records of said County; thence southeasterly in a direct line to a point of intersection with the southeasterly line of Lot 5 of Tract 949; said point of intersection being 4049.0 feet southwesterly from the northeast corner of said Lot 5, measured along the southeasterly lines of said Lot 5. Except that portion of Lot 5, described as follows: Beginning at the intersection of the center lines of Holly Avenue 80 feet wide as described in Deed recorded in Book 13158, Page 291 of Official Records of said County, and Huntington Drive 80 feet wide as described in Deed recorded in Book 9356, Page 319 of said Official Records; thence easterly 229.92 feet along the center line of Huntington Drive, said center line being a curve, concave to the northwest and having a radius of 955.20 feet (radial line to said curve through said intersection bears North 170 46' 37" West); thence radially South 310 34'06" East 40 feet to the southeasterly line of said Huntington Drive and the true point of beginning; thence southwesterly along a tangent curve concave to the southeast and having a radius of 774.6 feet to the easterly line of said Holly Avenue; thence northerly along said easterly line to the southeasterly line of said Huntington Drive; thence northeasterly along last mentioned line to the true point of beginning. t�RD CERTIFIC OF PRODUCER Bichlmeier Insurance Services 200 Pier Avenue N30 LIABI ITV INSU NCB OP_ID T .E IMM DO Y„ CAD 1 09/25/01 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE _ HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Hermosa Beach CA 90254. POLICY NUMBER '' Ine:310- 376 -8852 Fax:310- 379 -9272 INSURERS AFFORDING COVERAGE '\-,,ED A INSURER A: The Travelers Beth Arcadia tams ®r Of Commerce Beth C08taI1 }tag - Aroad1aHCAt910 7n Dr. 08/15/01 INSURER B: INSURERC: INSURER D: INSURER E: 3100000 MED EXP (Any Pna Pn ) Y V YGRI•V CO THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE Of INSURANCE POLICY NUMBER DATE MMIDOrYY POLICYEXPIRATION MAID LIMITS' A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE OX OCCUR 66077SX343A _ - 08/15/01 08/15/02 EACH OCCURRENCE $1,000,000. FIRE DAMAGE (Any " fn) 3100000 MED EXP (Any Pna Pn ) $ 5000 PERSONA6ADVINJURY 81,000,000. GENERAL AGGREGATE - s3,0 0 000. GENL AGGREGATE LIMIT APPLIES PER: POLICY PRO- 7 LOC ACT PRODUCTS• COMWOP AGO s3,000,000. .A AUTOMOBILE LIABILITY ANYAUTO ALL OWNED AUTOS SCHEDULEDAUTOS HIREDAUTOB NON -OWNED AUTOS 66077BX343A / / - / 08/15/01 08/15/02 COMBINED SINGLE LIMIT (Ea accident) $1000000 BODILY INJURY (Par Pe ) .s X BODILY INJURY (Par acadwi) s X PROPERTY DAMAGE (Per a0c"t) $ :ARAGE LIABILITY ANY AUTO' - / 1! // AUTO ONLY•EA ACCIDEM i OTHERTHAN'- EA ACC AUTO ONLY. AGO s s EXCESS LIABILITY / OCCUR F-1 CLAIMS DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ AGGREGATE $ S s' s WORKERS COMPENSATION AND EMPLOYERS' UVUTY WU TORY LAITU MIiSj jUFH R E.L. EACH ACCIDENT s E.L. DISEASE - EA EMPLO s E.L. DISEASE • POLICY LIMIT 16 A OTHER Property Section 660778X343A 08/15/01 08/15/02 Building $225,000 Contents $50,000 DESCRIPTION OF OPERATONSAMATIONSNENICLESM =LUSIONS ADDED BY ENDORSEMENTISPECULL PROVISIONS VGRIIPIVNIG RVLYGR S IIVNIIVM1ILL IM1OYM1CVi IM1OVM1CR LCI IGM1:� V/11•V YYL.•,,,V,� PETEK -1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO DATE THEREOF, THE ISSUING INSURER WILL 011111111111011100 MAIL . 10— DAYS WWTTEN City of Arcadia NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUnSIDSHALL Pete Kinnahan IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AOENTS OR P.O. Box 60021 Arcadia CA 910 66 -602 1 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE /' GI • CEWICATE HOLDER COPY STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142 -0607 _.COMPENSATION -INS URANCe FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE SEPTEMBER 26, 2001 GROUP: POLICY NUMBER: 757717 -2001 CERTIFICATE ID: 1 CERTIFICATE EXPIRES: 09 -01 -2002 09 -01- 2001/09 -01 -2002 CITY OF ARCADIA" ATTN PETE KINNAHAN 240 W HUNTINGTON DR." ARCADIA CA 91007 This is to certify that we have Issued a valid Worker's Compensation insurance policy In a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy Is not subject to cancellation by the Fund except upon 10 days advance written notice to the employer: We will also give you 10 days advance notice should this policy be cancelled prior to Its normal expiration. This certificate of Insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of Insurance may be Issued or may pertain, the Insurance afforded by the policies described herein Is subject to all the terms, exclusions, and conditions, of such policies. ��/1IX111A'� AUTHORIZED REPRESENTATIVE PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,0001.PER OCCURRENCE EMPLOYER ARCADIA CHAMBER OF COMMERCE 388 W HUNTINGTON DR ARCADIA CA 91007 SCIF 10265 IEPF•UI: BC I ' _ 0 G.J.'JERRY' BICHLMEIER MESIOENT & CEO JOYCE A. BICHLMEIER, CPIW EXEC. VICE PRESIDENT CARY J. BICHLMEIER, CPIA CFO & VICE PRESIOENT TERRY E. BICHLMEIER, CIC VICE PRESIDENT 0 December 4, 2001 City of Arcadia Development Services_ Department Attn: Pete Kinnahan 240 W. Huntington Drive. Arcadia, CA 91007 • eCl " UIr111p NCE SERVICES, -INC. Received DEC 07 2001 Econpmi� De elor)r ervice;, _ Re: Arcadia Chamber'of`Cominerce - -_° — - -= Travelers Property Casualty Policy # 660778X343A Polilcy Period: 8/15/01 -02' Dear Pete, Please find enclosed the endorsement which names the City of Arcadia as an additional Insured. " If after your review of this endorsement you have any questions, please do not hesitate to call. Sincerely, - eresa Lorenz Encl. TI cc: Beth Costanza, Executive Director, Arcadia Chamber of Commerce PO BOX 929/200 PIER AVE. #30 HERMOSA BEACH, CA 90254 -0929 PHONES: 310 - 376 -8852 OR 800 - 888 -7167 FAX: 310 - 379 -9272 . LIC #: OB26427 WWW.BISINS.COM r POLICY NUMBER: X- 660- 7 *43A- TIL -01 ^OMMERCIAL GENERAL LIABILITY SUE DATE: 12/3/01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT.CAREFULLY. CHARITY FIRST- AMENDMENT OF COVERAGE- WHO IS AN INSURED This endorsement modifies insurance provided under the following: 8/15/01 - 02 COMMERCIAL GENERAL LIABILITY COVERAGE PAPS ARCADIA CHAMBER OF COMMERCE SCHEDULE Name Of Person Or Organization (Additional Insured): CITY OF ARCADIA Designation Of Premises (Part Leased to You) REGARDING: 388.0. HUNTINGTON DRIVE, ARCADIA, WHO IS AN INSURED (Section II) is amended to �= include as an insured: A. Your members and volunteers but only with respect to their liability for your activities or ac- tivities they perform on your behalf: 'O B. Your trustees or members of the '".card of gover- ncrs while acting within the scope of their duties as such on your behalf; and C. Person(s) or organization(s), whether or not shown in the Schedule above. but only with respect to their liability arising out of: 1. Their financial control over you: 2. Their requirements for certain performance placed upon you, as a ncn- profit organiza- GN 01 88 01 96 009392 CA 91006 tion, in consideration for funding or financial contributions you receive from them; 3. The ownership, maintenance or use of that par, of a premises leased to you: or 4. Your work" for that insured by or for you. As respects Part C.3. above. this insurance does not appiy to: (a) Structural alterations. new construction or demolition operations - ertcrmed by or on benalf of the perscn(s) or organiza- ticn(s); or (b) Any 'occurrence" which takes place after you cease to be a tenant in that premises. Copyright, Travelers Indemnity Company. Page t of 1 . • &OMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE - ADDITIONAL INSUREDS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS Paragraph 4.b. of CONDITIONS (SECTION IV) is amended as follows: b. Excess Insurance This insurance is excess over any of the other in- surance: whether primary, excess, contingent or on any other basis: (1) That is Fire, Extended Coverage, Builder's Risk, Installation Risk, or similar coverage for -your work (2) That is Fire Insurance for premises rented to you or temporarily occupied by you with permission of the owner; (3) If the loss arises out of the maintenance or use of aircraft, "autos ", or watercraft to the extent not subject to Exclusion g. of Cover- age A (Section 1); or (4) That is valid and collectible insurance avail- able to you if you are added as an additional insured under any other policy. When this insurance is excess. we will have no duty under Coverage A or B to defend the in- sured against any "suit" if any other insurer has a duty to defend the insured against that "suit ". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insur- ance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insur- ance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self - insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Ex- cess Insurance provision and was not bought specifically to apply in excess of the Limits of In- surance shown in the Declarations of this Cover- age Part. CG DO 37 01 99 Copyright, The Travelers Indemnity Company, 1999 Page 1 of 1 LEASE O 7Z.o- Z.O THIS LEASE, executed on the third day of December, 1996, 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, WITNESSETH; WHEREAS, Lessor has constructed a 1,900 sq. ft. office building 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 (1) 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 13, 1996, 12:01 a.m. 3. RENT. Lessee agrees to pay to Lessor as rental of the said property the sum of Four Hundred Dollars ($400.00) per month payable 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, 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. 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 30th of each year of this lease. (2) 9 r It is agreed that the insurance provided pursuant to this agreement is applicable to the use of the premises by other groups and entities as contemplated herein. The use of the premises 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 shall keep said property at all times in a neat and orderly condition, free of debris and refuse. Lessee shall at its own expense maintain the interior (e.g., utility systems, floors, walls, ceiling, windows, HVAC system, property and personal taxes), and at its own expense shall repair all damage thereto from any cause whatsoever resulting. Lessor shall maintain at its own expense the landscaped areas, including trees, shrubs, turf, grass, irrigation, and the parking lot surface, striping, lighting, building roof and structure. S. UNLAWFUL ACT. Lessee agrees neither to cause nor to permit any unlawful act to be committed upon the 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. 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 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 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. (3) 0 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, 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 issued by an insurance carrier authorized to conduct such business in the State of California and ranked by Best 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 premises 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 term of the Lease as hereinbefore specific, 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 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 States mail at any place within the County of Los Angeles addressed as follows: (4) a 0 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 Vice President 388 West Huntington Drive Arcadia California 91007 The within Agreement is executed at and is to be performed within the City of Arcadia, County of Los Angeles, State of California. IN WITNESS WHEREOF, the parties hereto have executed the within instrument the day and year first hereinbefore set forth. CITY OF ARCADIA Lessor By: _W—N& City Manager ATTEST: By:. � ity Clerk APPROVED AS TO FORM: By: I xaa' — Ci Attorney ARCADIA CHAMBER OF COMMERCE Lessee WIN (5) EXHIBIT A That portion of Lot 5, of Tract No. 949, in the City of Arcadia. County of Los Angeles, State of California, as per map recorded in Book 17, Page 13 of Maps, in the office of the County Recorder of said County, described as follows: Beginning at the most westerly comer of that parcel of land conveyed to the Los Angeles Turf Club, Inc., and described as Parcel 2 in deed recorded in Book 12619, Page 275 of Official Records of said County; thence along the boundary of the land described in said Parcel 2 as follows: South 510 27'09' East 481.12 feet; South 380 33' 00" West 150.00 feet; and South 510 27' 00" East 30.00 feet to the intersection with the southeasterly line of said Lot 5; thence southwesterly and westerly, along the southeasterly and southerly line of said Lot 5, to its point of intersection with the southerly line of Huntington Drive, 80.00 feet in width, as the same is described in deed to the City of Arcadia recorded in Book 9396, Page 145 of Official Records of said County; thence easterly and northeasterly along the southerly and southeasterly line of said Huntington Drive, to the point of beginning, lying southwesterly of a line described as follows: Beginning at a point on the southeasterly line of Huntington Drive, 80 feet wide, as described in Deed to City of Arcadia, recorded in Book 9396 Page 145, of Official Records of said County, said point being southwesterly 1864.0 feet from the most westerly comer of that parcel of land conveyed to the Los Angeles Turf Club, Incorporated, and described as Parcel 2 in deed recorded in Book 12619,'Page 275, of Official Records of said County; thence southeasterly in a direct line to a point of intersection with the southeasterly line of Lot 5 of Tract 949; said point of intersection being 4049.0 feet southwesterly from the northeast comer of said Lot 5, measured along the southeasterly lines of said Lot 5. Except that portion of Lot 5, described as follows: Beginning at the intersection of the center lines of Holly Avenue 80 feet wide as described in Deed recorded in Book 13158, Page 291 of Official Records of said County, and Huntington Drive 80 feet wide as described in Deed recorded in Book 9356, Page 319 of said Official Records; thence easterly 229.92 feet along the center line of Huntington Drive, said center line being a curve, concave to the northwest and having a radius of 955.20 feet, (radial line to said curve through said intersection bears North 170 46'37" West); thence radially South 310 34'06" East 40 feet to the southeasterly line of said Huntington Drive and the true point of beginning; thence southwesterly along a tangent curve concave to the southeast and having a radius of 774.6 feet to the easterly line of said Holly Avenue; thence northerly along said easterly line to the southeasterly line of said Huntington Drive; thence northeasterly along last mentioned line to the true point of beginning. r � L E A S E THIS LEASE, executed on the /Z 7,6 day of 19141 is by and between the CITY OF ARCADIA, a Municipal Corporation of 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, W I T N E S S E T H: WHEREAS, Lessor has constructed an office building on property owned by Lessor; 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 and hire from Lessor the property described in Exhibit "A" attached hereto and incorporated herein by reference, together with the improvements to be constructed thereon in accordance with aforesaid plans, which property and improvements are hereinafter referred to simply as "said property" for the purposes and upon the terms, conditions and restrictions hereinafter contained. 2. TERM. The within Lease shall be for a term of five (5) years, commencing with the date the Lease is executed by the Mayor. 0 3. RENT. Lessee agrees to pay to Lessor as rental of said property the sum of Four Hundred Dollars ($400.00) per month payable 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 purpses -- 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, 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. WASTE. Lessee shall neither cause nor permit any waste to be committed upon the premises and shall keep said property at all times in a neat and orderly condition, free of debris, refuse and weeds. Lessee shall at its own expense maintain the interior and exterior of the building to be constructed upon the property described in said Exhibit "A ", and at its own expense to repair all damage thereto from any cause whatsoever resulting. 7. UNLAWFUL ACT. Lessee agrees neither to cause nor to permit any unlawful act to be committed upon the property. -2- LJ 8. 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. 9. NO ALTERATIONS. Lessee shall cause no structural alterations to be made to any building on said property without prior consent of Lessor's Council upon such terms and conditions as Lessor's 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. 10. 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 one Million Dollars ($1,000,000.00) public liability and Five Hundred Thousand Dollars ($500,000.00) property damage, with Lessor, its officer 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 issued by an insurance carrier authorized to conduct such business in the State of California, which certificate by its terms shall not be cancellable without at least thirty (30) days' written notice to Lessor. =I= Lessor shall not be responsible for any loss or damage to Lessee's property on or about the leased premises during the term of this Lease. 11. HOLD -OVER. The within 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 term 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. 12. TERMINATION. Lessor may terminate this Lease at any time, subject to 12 months notice to Lessee. 13. 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 States 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 388 West Huntington Drive Arcadia, California 91007 The within Agreement is executed at and is to be performed within the City of Arcadia, County of Los Angeles, State of California. -4- IN WITNESS WHEREOF, the parties hereto have executed the within instrument the day and year first hereinbefore set forth. Mayor -Cityr C k ' APPROVED;AS:�!TO- -FORM: X J - City Attorney ARCADIA CHAMBER OF COMMERCE, Lessee By ` E ecutive Vice - President APPROVED AS TO CONTENTS: Cit Manager LEASE, AS STATED ABOVE, ACCEPTED BY THE ARCADIA CHMMER OF CCMMEERCE BOARD OF DIRECTORS ON NOVEMBER 221, 1991. Signed Exe tive Vice President Arcadia Chamber of Commerce -5-