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HomeMy WebLinkAboutC-2147AMENDMENTIO. 3 TO LEASE FOR PREMISES AT 141 AND 145 ALICE STREET BY AND BETWEEN THE CITY OF ARCADIA AND ARCADIA PRESBYTERIAN CHURCH This Amendment No. 3 ( "Amendment No. 3 ") is hereby entered into by and between the City of Arcadia, ( "Tenant ") a charter city organized under the Constitution and laws of the State of California, and Arcadia Presbyterian Church ( "Landlord ") with respect to that certain Lease between the parties dated September 5, 2005 ( "Lease ") for the premises at 141 and 145 Alice Street. The Parties agree as follows: 1. Pursuant to Section 2 of the Lease, the term is extended to June 30, 2008. 2. All of the remaining terms and provisions of the Agreement are hereby reaffirmed. In witness whereof the parties have executed this Amendment No. 3 on the date set forth below. CITY OF ARCADIA By Donald Penman City Manager Dated: 51 �. 2008 TTE f�Pw� City C lk APPROVED AS TO FORM: City Attorney ARCADIA PRESBYTERIAN CHURCH By �%u j1;0 go eA I Print Name 13 ws 1Nes; i afii;r sz 44r Title CONCUR: Development Services Director 0 AMENDMENT NO. 2 TO LEASE FOR PREMISES AT 141 and 145 ALICE STREET BY AND BETWEEN THE CITY OF ARCADIA AND ARCADIA PRESBYTERIAN CHURCH This Amendment No. 2 ( "Amendment No. 2 ") is hereby entered into by and between the City of Arcadia ( "Tenant'), a charter city organized under the Constitution and laws of the State of California, and Arcadia Presbyterian Church ( "Landlord ") with respect to that certain Lease between the parties dated September 5, 2005 ( "Lease ") for the premises at 141 and 145 Alice Street. The parties agree as follows: 1. Pursuant to Section 2 of the lease, the term is extended to April 30, 2008. 2. All of the remaining terms and provisions of the Lease are hereby reaffirmed. In witness whereof the parties have executed this Amendment No. 2 on the date set forth below. CITY OF ARCADIA Bya�.b11 I�-►� --- City Manager Dated: 12008 i� APPROVED AS TO FORM: City Attorney ARCADIA PREBYTERIAN CHURCH By u01 h o-> r-✓ �r'9r p rS�/tsCo/" Title .K6)01(4181:i Development Services Directo 0 0. AMENDMENT NO. 1 TO LEASE FOR PREMISES AT 141 and 145 ALICE STREET BY AND BETWEEN THE CITY OF ARCADIA AND ARCADIA PRESBYTERIAN CHURCH This Amendment No. 1 ( "Amendment No. 1 ") is hereby entered into by and between the City of Arcadia ( "Tenant"), a charter city organized under the Constitution and laws of the State of California, and Arcadia Presbyterian Church ( "Landlord ") with respect to that certain Lease between the parties dated September 5, 2005 ( "Lease ") for the premises at 141 and 145 Alice Street. The parties agree as follows: 1. Pursuant to Section 2 of the lease, the term is extended to February 29, 2008. 2. All of the remaining terms and provisions of the Lease are hereby reaffirmed. In witness whereof the parties have executed this Amendment No. 1 on the date set forth below. CITY OF ARCADIA By City Manager Dated: U'at7f 2007 City Attorney ARCADIA PREBYTERIAN CHURCH By Title CONCUR: �Da-r + ?4,,. Assistant City Manager/ Development Services Director C>� 14{� LEASE This Lease ( "Lease ") dated as of September 1, 2005, is entered into between Arcadia Presbyterian Church ( "Landlord ") whose address is 121 Alice Street, Arcadia, California 91006, and the City of Arcadia, a municipal corporation (referred to herein interchangeably as "Tenant" and "City "), whose address is 240 West Huntington Drive, Arcadia, California 91066. SECTION 1. LEASE. Tenant leases from Landlord the premises known as 141 Alice Street, Arcadia, Califor- nia, (APN: 5779- 017 -003) of approximately 11,247 square feet, consisting of a single - family residence (of approximately 1,946 square feet) and garage. In addition, Tenant leases from Landlord the vacant lot next door (grassy area), known as 145 Alice Street, Arcadia, California (APN: 5779- 017 -004), a vacant parking lot (approximately 7,497 square feet). Both 141 Alice Street and 145 Alice Street (collectively, "Leased Premises "), are leased on the terms and condi- tions contained in this Lease. SECTION 2. TERM. The term of this Lease shall commence on the day the Landlord gives Tenant possession of the Leased Premises and Tenant accepts such possession ( "Possession Date "), and shall con- tinue for a period of eighteen (18) months thereafter ( "Term "), or until the Lease is terminated in accord with the provisions set forth in the immediately following paragraphs. Landlord acknowledges that Tenant's use of the Leased Premises will be as a temporary fire station while a new fire station is being bid for and constructed. Landlord also acknowl- edges that the City's bid process for the new fire station is lengthy, the results of which are not predictable at this time. Accordingly, at any time after the signing of the Lease, should the City's bid process for the new fire station produce results which cause the City (1) to have to re -bid the project, or (2) to suspend its plans for the building of the new fire station, or (3) to have to termi- nate the fire station project altogether, then City shall furnish Landlord with a thirty (30) day no- tice of termination of the Lease and shall pay to Landlord, in compensation therefore, a sum which is equivalent to two months' rent. If, after the Possession Date, the construction schedule for the new fire station is delayed so that Tenant's continued occupancy of the Leased Premises beyond the Term of this Lease shall be required, then Landlord agrees to a holding over as a month -to -month tenancy in accor- dance with the terms of this Lease. However, should the construction schedule be completed early or Tenant's need for the Leased Premises cease, Tenant may terminate this Lease before the end of the Term by delivering to Landlord a thirty -day notice of termination. SECTION 3. RENT. Rent shall be Three Thousand Dollars ($3,000.00) per month ( "Monthly Rent "), payable to Landlord in advance, commencing on the Possession Date and subsequently on the first day of each calendar month thereafter at the address given in the first paragraph of this Lease. If Tenant takes possession of the Leased Premises on a date other than the first day of a calendar month, the first rent payment shall be prorated in accordance with the then remaining number of days in the month. SECTION 4. UTILITIES AND INCREASES IN PROPERTY TAXES. Tenant shall be responsible for the payment of all utilities and services to the Leased Premises, except property taxes, which shall be paid by Landlord. Should the Los Angeles County property taxes billed to the Landlord increase as a result of the execution and fulfillment of this Lease, then Tenant shall reimburse Landlord for the addi- tional taxes, prorated over the actual Term of the Lease. Tenant's covenant in this respect is spe- cific as to only the property taxes and to no other type of tax. SECTION S. REIMBURSEMENT TO LANDLORD As a further inducement to entering into this Lease, Tenant agrees to reimburse Landlord for costs incurred by Landlord related to occupancy of the property and relocation of the present occupant of the Leased Premises to other facilities on Landlord's church campus. Such reim- bursement(s) shall not exceed the sum of Ten Thousand Dollars ($10,000) in the aggregate. SECTION 6. USE. The Leased Premises shall be used as a City of Arcadia fire station and related uses. Landlord recognizes and accepts that such use may create certain noise and commotion on a 24- hour a day basis. Tenant agrees to cooperate with Landlord to abate such noise and commotion to the extent possible. SECTION 7. COMPLIANCE WITH LAW. Tenant shall comply with all laws, statutes, ordinances, and requirements of all city, county, state, and federal authorities now or later in force pertaining to the use of the Leased Premises. SECTION 8. MAINTENANCE AND ALTERATIONS. Except as set forth in this Lease, Tenant agrees that as of the delivery of possession the Leased Premises are in good working order and repair. On the Possession Date, or immediately preceding the Possession Date, Tenant and Landlord shall inspect the Leased Premises together, duly noting and documenting any items of concern. Such documentation may take the form of a video tape, written list, or in a medium the form of which is to be agreed upon by both Tenant and Landlord. After such an inspection, Tenant shall be deemed to have possession of all the RVBUS \LGR \679600.3 2 0 0 furniture, fixtures, and furnishings in good condition and repair, unless Tenant indicates items of concern or items in disrepair in the above - described documentation. Tenant shall, at Tenant's own expense and at all times after the Possession Date, maintain the Leased Premises in good working order and repair, including all equipment, appliances, fur- niture, and furnishings, and shall surrender the Leased Premises at termination of this Lease in as good condition as received, normal wear and tear excepted. Except as a result of Tenant's misuse or gross negligence, Tenant is not responsible for the maintenance and repair of major systems such as roof, plumbing, electrical or foundation/walls. If minor repairs of such systems are re- quired, Tenant shall make such repairs as a matter of course; however, Tenant shall not be re- sponsible for complete or major system failures, unless such major system failures are a direct result of Tenant's misuse or gross negligence. Tenant shall be responsible for damages caused by Tenant's gross negligence and that of Tenant's employees, invitees, and guests. Tenant shall not commit or allow any person to com- mit any act resulting in the destruction, defacement, damage, impairment, or removal of any part of the Leased Premises, including wall, ceiling, and floor coverings, and the furniture, fixtures, and furnishings of the Leased Premises. Tenant shall not paint, paper, or otherwise redecorate or make alterations to the Leased Premises without the prior written consent of Landlord. Tenant shall deliver to Landlord, prior to the commencement of construction, plans for the construction of a cement slab over the grassy area of the Leased Property. Such cement slab shall be used as a parking area for fire trucks, fire engines and other Fire Department vehicles. At the termination of this Lease, Landlord shall no- tify Tenant as to whether Landlord wants to retain the cement slab or whether Tenant shall be required to remove the slab at Tenant's expense and return the grassy area to its original condi- tion. SECTION 9. ENTRY. Landlord's representatives shall have the right to enter the Leased Premises for the pur- poses of making necessary or agreed repairs and for showing the Leased Premises to prospective tenants, purchasers, or mortgagees, provided that, except in the case of an emergency, such entry shall be made during normal business hours and upon at least twenty -four (24) hours' prior no- tice. In the case of an emergency or Tenant's abandonment or surrender of the Leased Premises, Landlord representative or Landlord's agent may enter the Leased Premises at any time, without obtaining Tenant's prior consent. Tenant agrees not to change the locks or add locks to the en- trances of the Leased Premises without the prior consent of Landlord and without providing Landlord with a key to at least one entry door. SECTION 10. INDEMNIFICATION. Landlord shall not be liable for any damage or injury to Tenant or any other person, or to any property, occurring on the Leased Premises or any part of the Leased Premises or in com- mon areas, unless the damage is the proximate result of the gross negligence or willful miscon- duct of Landlord, Landlord's agents, or Landlord's employees. Tenant agrees to indemnify, de- fend, and hold harmless Landlord for any liability, costs (including reasonable attorney fees), or RVBUS \LCRV679600.3 3 0 0 claims for personal injuries or property damage caused by the negligent, willful, or intentional act or omission to act of Tenant or Tenant's employees, guests or invitees. Each party waives the right of subrogation against the other party. SECTION 11. DELAY OF POSSESSION. If delivery of possession of the Leased Premises by Landlord is delayed, Landlord shall notify Tenant in a timely manner, but Landlord shall not be liable for any damage caused by the delay, nor shall this Lease be void or voidable, but Tenant shall not be liable for any rent until possession is delivered. Tenant may terminate this Lease if possession is not delivered by Land- lord within fifteen (15) days after Landlord's receipt of Tenant's notice that Tenant is ready for occupancy of the Leased Premises SECTION 12. ASSIGNMENT AND SUBLETTING. Tenant shall not assign this Lease or any interest under this Lease or sublet the Leased Premises or any portion of the Leased Premises without Landlord's prior written consent, which consent shall not be unreasonably withheld. SECTION 13. ABANDONED PROPERTY. If Tenant abandons or surrenders the Leased Premises, Landlord may consider any per- sonal property left on the Leased Premises after a period of twenty (20) days to be abandoned and may dispose of it in any manner allowed by law. If Landlord reasonably believes that the abandoned personal property has a total resale value of less than $300, Landlord may keep the personal property for Landlord's use or otherwise dispose of it in accordance with law. All per- sonal property on the Leased Premises is made subject to a lien in favor of Landlord for the payment of all sums due under this Lease, to the maximum extent allowed by law. SECTION 14. DEFAULT. If Tenant fails to pay rent when due, or to perform any term of this Lease, after not less than fifteen (15) days' written notice of default given in the manner required by law, Landlord, at Landlord's option, may terminate all rights of Tenant under this Lease, unless Tenant, within the time specified, cures the default. SECTION 15. REMEDIES. If Tenant defaults, Landlord may elect to: (a) continue the lease in effect, and enforce all Landlord's rights and remedies under this Lease, including the right to recover the rent as it becomes due, or (b) at any time, terminate all of Tenant's rights under this Lease, and recover from Tenant all damages Landlord may incur by reason of the breach of the lease, including the cost of recov- ering the Leased Premises and including the worth at the time of the termination or at the time of RVBUS \LM679600.3 4 an award if suit is instituted to enforce this provision, of the amount by which the unpaid rent for the balance of the term exceeds the amount of the rental loss that the tenant proves could be rea- sonably voided. In addition to any other rights and remedies allowed by this Lease or by law, Landlord shall have the remedies as set forth in Civil Code § §1951.2 and 1951.4. SECTION 16. ATTORNEY FEES. In any legal action brought by either party to enforce the terms of this Lease or relating to the Leased Premises, the prevailing party shall be entitled to all costs incurred in connection with that action, including reasonable attorney fees and costs. SECTION 17. WAIVER. No failure of Landlord to enforce any term of this Lease shall be deemed a waiver, nor shall any acceptance of a partial payment of rent be deemed a waiver of Landlord's right to the full amount of rent. SECTION 18. NOTICES. Any notice that either party may or is required to give, may be given by mailing the no- tice, postage prepaid, to Tenant at the address shown below or to Landlord at the address shown below or at any other place designated by the parties from time to time. If to Tenant: City of Arcadia 240 West Huntington Drive Arcadia, CA 91066 Attention: Don Penman With copy to: Best Best & Krieger, LLP 3750 University Avenue Riverside, CA 92502 Attention: Stephen P. Deitsch, Esq. If to Landlord: Arcadia Presbyterian Church 121 Alice Street Arcadia, CA 91006 Attention: Glenn Moore Glenn Moore (626) 445 -7470 is the name and telephone number of the person authorized to manage the Leased Premises on behalf of Landlord. RVaUS \LGR \679600.3 Don Penman (626) 574 -5414 is the name and telephone number of the person authorized to represent Tenant with regard to the Leased Premises. SECTION 19. SUCCESSORS AND ASSIGNS. This Lease is binding upon and inures to the benefit of the heirs, assigns, successors, ex- ecutors, and administrators of Landlord and Tenant. SECTION 20. TIME. Time is of the essence in this Lease. SECTION 21. LATE CHARGES If Tenant fails to pay the Monthly Rent within ten (10) days after the due date, Tenant agrees that it would be impracticable or extremely difficult to fix the actual damage to Landlord caused by that failure and therefore agrees to pay a late charge of Two Hundred Dollars ($200.00) for each such failure to pay the Monthly Rent by the due date. The amounts due under this Section are in addition to and not in lieu of any other remedies of Landlord. SECTION 22. CONSTRUCTION. Headings at the beginning of each section are solely for the convenience of the parties and are not a part of and shall not be used to interpret this Lease. The singular form shall include plural, and vice versa. This Lease shall not be construed as if it had been prepared by one of the parties, but rather as if both parties have prepared it. Unless otherwise indicated, all references to sections are to this Lease. SECTION 23. FURTHER ASSURANCES. Whenever requested to do so by the other party, each party shall execute, acknowledge, and deliver any further conveyances, agreements, confirmations, satisfactions, releases, powers of attorney, instruments of further assurance, approvals, consents, and any further instruments and documents as may be necessary, expedient, or proper to complete any conveyances, trans- fers, sales, and agreements contemplated by this Lease. Each party also agrees to do any other acts and to execute, acknowledge, and deliver any documents requested to carry out the intent and purpose of this Lease. SECTION 24. THIRD -PARTY RIGHTS. Nothing in this Lease, express or implied, is intended to confer upon any person, other than the parties and their respective successors and assigns, any rights or remedies under or by reason of this Lease. RVBUS \LGR \679600.3 6 0 0 SECTION 25. INTEGRATION. This Lease and the attached exhibits contain the entire agreement between the parties re- garding the subject matter of the Lease, and this Lease expressly supersedes all previous or con- temporaneous agreements, understandings, representations, or statements between the parties regarding those matters. SECTION 26. COUNTERPARTS. This Lease may be executed in one or more counterparts, each of which shall be deemed an original and all of which taken together shall constitute one and the same instrument. SECTION 27. AMENDMENT. This Lease may not be amended or altered except by an instrument in writing executed by Landlord and Tenant. SECTION 28. PARTIAL INVALIDITY. Any provision of this Lease that is unenforceable or invalid or the inclusion of which would adversely affect the validity, legality, or enforcement of this Lease shall have no effect, but all the remaining provisions of this Lease shall remain in full force. SECTION 29. GOVERNING LAW. The validity, meaning, and effect of this Lease shall be determined in accordance with California law. [End of Lease. Signature provisions appear on following pages.] RVBUS \LGR \679600.3 7 Tenant has executed this Lease as of the date first above written. CITY OF ARCADIA a municipal corporation M W& 0-boo Its: "ft, �" r A I ,TEEST: ' City Clerk City of Arcadia APPROVED AS TO FORM: Stephen P. Deitsch City Attorney RV ©US \LGR \679600.3 8 0 Landlord accepts and agrees to this Lease. RVBUS \LGR \679600.3 • ARCADIA PRESBYTERIAN CHURCH Its:�Sin7fS F Y� MiSSRRi� 0'