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HomeMy WebLinkAboutC-4450 C- H�5v \\VS)- Lease THIS LEASE, executed on the �� day of wotter , 2021 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 1, 2021 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, adjusted annually on December 1st of each year to match the change in the U.S. Department of Labor Consumer Price Index (CPI) for Los Angeles-Long Beach-Orange Co. region over the prior calendar year. The rental amount shall be payable upon 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 wa ver 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 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 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: By: 9/17 ity Manager Chief Executive Officer ATTEST By. A/, By: 111 City Clerk reside t APPROVED AS TO FORM: 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.