HomeMy WebLinkAboutC-2826I100-26/ ( 2FZlo
PARKING LEASE
This Lease ( "Lease ") is entered into as of this day of , 2013 between
the City of Arcadia, a California municipal corporation ( "Landlord "), and VG Property
Investments, LLC, a California Limited Liability Company ( "Tenant ").
Recitals
A. Landlord is the owner of real property located at 240 W. Huntington Drive, in the
City of Arcadia, Los Angeles County, California, APN No. 5775- 024 -910 (the "Property "),
including the portion of such Property which is currently utilized by Landlord as a parking lot for
employees and visitors to City Hall (the "Parking Area ").
B. Tenant desires to lease from Landlord and Landlord desires to lease to Tenant
thirty (30) parking spaces within the Parking Area on the Property as shown on the plan of the
Property attached as Exhibit "A" ( "Leased Premises ").
Agreement
Therefore, for good and valuable consideration the receipt and adequacy of which are
acknowledged, the parties agree as follows:
Section 1. Lease of Premises. Landlord leases to Tenant and Tenant leases from
Landlord the Leased Premises on the terms and conditions set forth in this Lease.
Section 2. Use. Tenant agrees to use the Leased Premises for the purpose of
employee and visitor parking for its business office located at 125 West Huntington Drive,
Arcadia, California.
Section 3. Term. The term of this Lease shall be for a period of one (1) year,
commencing on September 3, 2013, and unless terminated sooner in accordance with this Lease,
ending on September 2, 2014 ( "Term "). Should the Term commence on a date other than the
first day of a calendar month, the Term shall be extended by this fractional month. This Lease
may be renewed at Tenant's option for three (3) additional one month terms (each one month
term shall be defined as an "Extension Term "), upon the same terms and conditions unless
Tenant notifies Landlord in writing of Tenant's intention not to renew this Lease at least thirty
(30) days prior to the expiration of the Term or then - existing Extension Term. As used in this
Lease, the term "Term" shall be deemed to include any and all Extension Terms.
Section 4. Rent. Tenant shall pay to Landlord during the Term of this Lease as
monthly rental for the Leased Premises the sum of Fifty Dollars ($50.00) per parking space per
month for a total of Two Thousand Four Hundred Dollars ($2,400.00) per month, which shall be
paid in advance on the first day of each calendar month ( "Monthly Rent "). Should the Term
commence on a date other than the first day of a calendar month, Tenant shall pay Monthly Rent
for the fractional month on a per diem basis (calculated on the basis of a thirty (30) day month)
until the first day of the month, and thereafter the Monthly Rent shall be paid in equal monthly
installments on the first day of each month in advance. All rental to be paid by Tenant to
Landlord shall be in lawful money of the United States of America and shall be paid without
deduction or offset, prior notice or demand at the address designated in Section 21. If Tenant
does not make any payment of Rent to Landlord within ten (10) days following receipt by Tenant
of written notice from Landlord of a delinquency, Tenant agrees to pay to Landlord a late charge
in an amount equal to five percent (5 %) of the delinquent rent amount.
Section 5. Parking Rights. Tenant, its employees, agents, customers and licensees,
shall have the exclusive right to park forty -eight (48) passenger vehicles on the Leased Premises
Mondays through Fridays, between the hours of 7:00 am and 5:00 pm ( "Exclusive Parking
Period "). At all times other than the Exclusive Parking Period, Tenant shall have the non-
exclusive right, together with Landlord and other present and future owners, tenants, and their
agents, employees, customers, licensees, and subtenants, to park vehicles on the Leased
Premises. Landlord shall install signs, paid for by the tenant, alerting the public of the private
use of the Leased Premises during the Exclusive Parking Period and shall mark such spaces
within the Leased Premises accordingly
Tenant, its employees, agents, customers and licensees, shall have the
nonexclusive right in common with Landlord, and other present and future owners, tenants, and
their agents, employees, customers, licensees, and subtenants, during the entire Term of this
Lease, or any extension of the Term, for vehicular and pedestrian ingress and egress over and
across the Parking Area and the Walkway.
Tenant shall have no parking rights on Friday November 1, 2013 and
Saturday November 2, 2013 and shall completely vacate the parking lot for that period.
Tenant agrees to a modified schedule for exclusive rights to end at 3:00
P.M. for the days of the "Concerts in the Park" events scheduled for summer of 2014. Tenant
shall cooperate with the Landlord to create available parking for such events as early as possible.
Landlord and Tenant shall mutually meet and negotiate in good faith
modifications to the exclusive / non - exclusive rights periods for special events which might arise
from time to time in the Civic Center /City Hall, subject to mutual agreement of such
modifications.
Section 6. Rules and Regulations. Tenant agrees to comply with and enforce
amongst its employees, agents, customers and licensees, all traffic and penal codes, as well as
any reasonable rules and regulations Landlord may adopt from time to time for the orderly and
proper operation of the Parking Area which are made known to Tenant.
(a) The speed limit in the Parking Area shall be fifteen (15) miles per hour.
(b) Tenant, or any of its employees, agents, customers or licensees, shall not
use the Parking Area for washing, waxing, cleaning, servicing or storing any vehicle.
(c) Tenant, or any of its employees, agents, customers or licensees, shall not
engage in illegal or improper conduct in the Parking Area, including but not limited to, the use of
drugs or alcohol, aggressive or sexual misconduct, lodging or sleeping, or the sale or solicitation
of any products or services.
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(d) Tenant, or any of its employees, agents, customers or licensees, shall not
commit, or suffer to be committed, any waste upon the Parking Area, or any nuisance or other
act or thing that may disturb the quiet enjoyment of any surrounding property owners or
Landlord's employees, agents, customers or licensees.
Section 7. Maintenance. Landlord shall keep or cause to be kept the Parking Area,
including the Lease Premises, in neat, clean, and orderly condition and repair.
Section 8. Landlord's Limitation of Liability. Landlord makes no representations
or warranties as to the security of vehicles parked in the Parking Area, and is under no obligation
to provide security for persons or property on the Parking Area. Landlord is not responsible to
Tenant, its employees, agents, customers or licensees for any fire, theft or damage to vehicles
parked in the Parking Area, and is not responsible for personal property left in the vehicles.
Section 9. Lease Subject to Existing Rights of Others. This Lease is subject to all
existing easements, servitudes, licenses, and rights of way for canals, ditches, levees, roads,
highways, and telephone, telegraph, and electric power lines, and other purposes, whether or not
of record.
Section 10. Tenant's Insurance. During the entire Term of this Lease, Tenant shall,
at Tenant's sole cost, maintain general public liability insurance against claims for personal
injury, death, or property damage occurring in or about the Leased Premises and on any
sidewalks directly adjacent to the Leased Premises. The limitation of liability of this insurance
shall be not less than One Million Dollars ($1,000,000.00) per incident, including but not limited
to, injury, casualty, death, or damage to persons or property, and not less than Two Million
Dollars ($2,000,000.00) in the aggregate. All policies of insurance shall be issued in the name of
Tenant, with Landlord listed as an additional insured with respect to the obligations undertaken
in this Lease, and certificates of this insurance shall be delivered to Landlord within ten (10)
days of this date. Thirty (30) days prior written notice of any cancellation of such policies shall
be given to Landlord by Tenant before the effective date of cancellation.
Section 11. Taxes. Tenant understands that this Lease may create a possessory
interest subject to property taxation, and that Tenant may be subject to the payment of property
taxes levied on such interest. Any such imposition of a possessory interest tax shall be a tax
liability of Tenant solely, and shall be paid by the Tenant.
Section 12. Signs. Tenant may place signs upon the Leased Premises so long as such
signs comply with any sign policy adopted by Landlord and are approved in advance by
Landlord.
Section 13. Default. Each of the following shall constitute an event of default
( "Event of Default ") under this Lease:
(a) if Tenant fails to make any payment required by the provisions of this
Lease, when due;
(b) if Tenant fails within thirty (30) days after written notice to correct any
breach or default of the other covenants, terms, or conditions of this Lease;
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(c) if Tenant abandons the Leased Premises before the end of the Term; or
(d) if all or substantially all of Tenant's assets shall be placed in the hands of a
receiver or trustee and if this receivership or trusteeship continues for a period of thirty (30)
days, or should Tenant make an assignment for the benefit of creditors, or be adjudicated
bankrupt, or should Tenant institute any proceedings under any state or federal bankruptcy act in
which Tenant seeks to be adjudicated bankrupt, or seeks to be discharged of debts, or should any
voluntary proceeding be filed against this Tenant under the bankruptcy laws and Tenant consents
to it and acquiesces by pleading or default.
Section 14. Remedies of Landlord on Default by Tenant. In the event of a default
by Tenant under any of the terms of this Lease, Landlord may, at its option, have the right to (a)
terminate this Lease upon providing fifteen (15) days' notice to Tenant of Landlord's intention to
terminate; or (b) re -enter and repossess the Lease Premises by summary proceedings, ejectment
or any other legal action Landlord determines to be necessary or desirable and the right to
remove all persons and property therefrom. This provision is not a limitation of other legal or
equitable remedies available to Landlord.
Section 15. Expenses of Enforcement. Should any suit be brought by either Party
against the other for the enforcement of any rights of with party against the other pursuant to the
provisions of this Lease, or by reason of any alleged breach of any of the provisions of this Lease
or arising from this Lease, then and in such event the successful party in such action shall be
entitled to receive from the unsuccessful party at all costs incurred in connection with such suit,
including a reasonable allowance for attorneys' fees incurred by the successful Party.
Section 16. Abandonment. If during or at the end of the Term of this Lease or any
extension thereto, Tenant shall abandon, vacate, or surrender the Leased Premises or be
dispossessed by process of law, or otherwise, any personal property belonging to Tenant and left
on the Leased Premises shall, at the option of Landlord, be deemed abandoned. For purposes of
this Lease, the non -use of the Leased Premises by Tenant for any period of time shall not be
deemed abandonment.
Section 17. No Assignment. Neither this Lease nor any interest herein shall be
assigned, voluntarily or involuntarily, or by operation of law or otherwise, nor shall the Lease
Premises, or any part thereof, be sublet by Tenant without the prior written consent of Landlord.
Any such assignment or subletting without such prior written consent of the Landlord shall be
void.
Section 18. Indemnification of Landlord. Tenant shall at all times during the term
of this Lease indemnify, save and hold Landlord harmless from all damages, injuries or claims
arising in or about the Leased Premises in connection with the conduct by Tenant, its successors
or assigns, officers, employees, agents, licensees, invitees or subtenants of any activities thereon.
Section 19. Holding Over. Any holding over after the expiration of the Term, with
the consent of Landlord, shall be construed to be a tenancy from month -to- month, cancelable
upon thirty (30) days' written notice, and a rental and upon terms and conditions as existing
during the last year of the Term. Any holding over after the expiration of the Term, without the
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consent of Landlord, shall be construed to be a tenancy -at -will at a Monthly Rent of one hundred
twenty -five percent (125 %) of the Monthly Rent as existing during the last year of the Term, but
otherwise on the terms and conditions in this Lease.
Section 20. Notices. Wherever in this Lease it shall be required or permitted that
notice and demand be given or served by either party to the other, this notice or demand shall be
given or served and shall not be deemed to have been given or served unless in writing and
forwarded by certified mail, addressed as follows:
If to Landlord: City of Arcadia
240 W. Huntington Drive
P.O. Box 60021
Arcadia, CA 91066
Attention: Philip A. Wray, Deputy Director of
Development Services /City Engineer
Telephone: (626) 547 -5488
Facsimile: (626) 447 -7866
If to Tenant: VG Property Investments, LLC, a California Limited
Liability Company
25 E. Huntington Drive
Arcadia, CA 91006
Attention: Mike Soo,
Vice President
Telephone: (626) 821 -8777
Either party may change this address by written notice by certified mail to the other.
Section 21. Successors in Interest. The covenants in this Lease shall, subject to the
provisions as to assignment, apply to and bind the heirs, successors, executors, administrators,
and assigns of all the parties to this Lease.
Section 22. Partial Invalidity. If any term, covenant, condition, or provision of this
Lease is held by a court of competent jurisdiction to be void or unenforceable, the remainder of
the provisions of this Lease shall remain in full force and shall in no way be affected, impaired,
or invalidated.
Section 23. Captions. The various headings and numbers in this Lease and the
grouping of the provisions of this Lease into separate sections and paragraphs are for the purpose
of convenience only and shall not be considered a part of this Lease.
Section 24. No Oral Agreements. This Lease includes in full each agreement of
every kind between the parties concerning the Leased Premises, and all preliminary negotiations
and agreements of any kind or nature are merged in this Lease, and there are no oral agreements
or implied covenants made in connection with this Lease.
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Section 25. Governing Law. This lease shall be governed by and construed in
accordance with the laws of the State of California.
The parties have executed this Lease as of the day and year first above written.
LANDLORD:
TENANT:
The City of Arcadia, a California municipal VG Property Investments, LLC, a California
corporation Limited Liability Company
BY- ' By:
Dominic L�zar ,CityManager
ATTEST:
City erk
APPROVED AS TO FORM:
Stephen P. Deitsch
City Attorney
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EXHIBIT 66A"
DESCRIPTION OF LEASED PREMISES
The northerly 145 feet of the most northwesterly parking aisle in the Civic Center Parking Lot,
consisting of the most northerly forty -eight (48) parking stalls, located at 240 West Huntington
Drive, in the City of Arcadia, County of Los Angeles, State of California, as more particularly
depicted on the following site plan:
SEE ATTACHED SITE PLAN INCORPORATED HEREIN BY REFERENCE.
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EXHIBIT A
LEASED PREMISES
CITY HALL PARKING LOT
240 W HUNTINGTON DRIVE