HomeMy WebLinkAboutC-4012 C- x-{012
100- yo
Lease
THIS LEASE, executed on the L-1-01 day of J ,,,,y , 20n 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, 2016 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. 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. 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.
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 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 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.
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 tern., 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 ARCADIA CHAMBER OF COMMERCE
Lessor Lessee
By:
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try ' anager y ief Executive Officer
ATTEST
BY: l/ 1 _1iL► 1 ..■ 1 ' II ..(i By: X A, 4• 4
I ity Clerk I 1 President C_______.%'/
APPROVED AS TO FORM:
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By: ,
City Attorney
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 38° 33' 00" West 150.00 feet; and South 51° 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 17° 46' 37" West); thence radially South 31° 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.
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