HomeMy WebLinkAboutAttach. 4 City-HA Lease (3).docx Attachment No.Attachment No. 4
MONTH -TO -MONTH LEASE
(Public Works Yard-Westside TOD Affordable Site, National City, 91950)
THIS MONTH -TO -MONTH LEASE ("Lease") is dated as of the 30th day of August, 2013,
by and between the Community Development Commission -Housing Authority of the City of
National City ("Landlord"), and the City of National City ("Tenant").
1. Definitions.
"Commencement Date" means August 30, 2013.
"Landlord" means the Community Development Commission -Housing Authority of the
City of National City.
"Premises" means the approximately 6.29 acres of real property in the City of National
City, bounded by 19th Street, Harding Avenue, 22nd Street and Hoover Avenue.
"Rent Commencement Date" means August 30, 2013.
"Tenant" means the City of National City.
"Term" shall have that meaning ascribed to it in Section 3 of this Lease.
2. Lease of the Premises; "As -Is" Condition. Landlord leases to Tenant and Tenant leases
from Landlord the Premises on a triple net basis. Tenant hereby agrees and acknowledges that
Tenant is leasing the Premises "As -Is" from Landlord, without relying on any communications not
set forth herein that may have been made by Landlord, or any of Landlord's agents or employees,
with respect to the Premises or Tenant's intended use thereof. Without limiting the generality of
the foregoing, Tenant shall be solely responsible for determining the condition of the Premises.
Landlord shall have no obligation to improve the Premises.
3. Month -to -Month Lease. This Lease shall commence on the Commencement Date and shall
continue on a month -to -month basis and shall terminate on the earlier of: (i) thirty (30) days written
notice from Landlord to Tenant; (ii) thirty (30) days written notice from Tenant to Landlord; or
(iii) a date mutually agreed upon by Landlord and Tenant ("Term").
4. Rent.
(a) Monthly Rent. Tenant agrees to pay Landlord rent in the amount of $1.00 per
month each and every month during the Term commencing upon the Rent Commencement Date.
(b) Utilities; Maintenance Costs. This Lease is a triple net lease. Tenant shall be
responsible for the payment of all utilities, taxes, assessments, maintenance costs, trash collection
and all other costs of any kind whatsoever with respect to, arising out of or otherwise associated
with the Premises.
Attachment No. 4
5. Alterations. Neither the Landlord, nor Tenant shall make alterations or other changes to
the Premises.
6. Use.
(a) Continued Use. The Landlord purchased the Premises from the Tenant. The Tenant
may continue to use the Premises in the manner used by the Tenant immediately prior to the sale
of the Premises to the Landlord. Tenant shall keep the Premises in a neat, clean and orderly
condition at all times during the Term, and shall not permit rubbish, waste or garbage, to
accumulate at any time. Tenant shall not commit or permit any waste of the Premises or any acts
to be done in violation of any laws or ordinances. Tenant shall not use or permit the use of the
Premises for any illegal purposes.
(b) Inspection of Premises. Landlord shall have the right to enter upon the Premises at
all reasonable times without abatement of rent. Tenant hereby waives any claim for damages for
any injury or inconvenience to or interference with Tenant's business, any loss of occupancy or
quiet enjoyment of the Premises, and any other loss occasioned thereby. Any entry to the Premises
or portions thereof by Landlord shall not under any circumstances be construed or deemed to be a
forcible or unlawful entry into, or a detainer of, the Premises, or an eviction, actual or constructive,
of Tenant from the Premises, or any portion thereof. Any such entries upon the Premises by the
Landlord shall be performed with as little disturbance and inconvenience to Tenant as reasonably
possible.
7. Waiver of Subrogation. If either party sustains loss or damage to the Premises or the
fixtures, goods, wares, merchandise or any other property located thereon, from which it is
protected by an insurance policy, then, to the extent that such party is so protected, it waives any
right of recovery from the other party.
8. Assignment and Sublease. Tenant shall not directly or indirectly, voluntarily or by
operation of law, sublease, sell, assign, encumber, pledge or otherwise transfer or hypothecate all
or any part of the Premises or this Lease, without the written consent of Landlord, which may be
withheld by Landlord in its sole and absolute discretion.
9. Attorneys' Fees. If any action shall be instituted by either Landlord or Tenant for the
enforcement or interpretation of any of its rights or remedies in or under this Lease, the prevailing
party shall be entitled to recover from the losing party all costs incurred by the prevailing party in
said action and any appeal therefrom, including reasonable attorneys' fees and court costs to be
fixed by the court therein.
10. Default.
(a) Tenant's Default. The occurrence of any one or more of the following shall
constitute a default hereunder by Tenant:
(1) Tenant abandons the Premises or vacates the Premises for a period of ten
(10) or more consecutive days;
Attachment No. 4
(2) Tenant fails to pay any rent or other charges required to be paid by Tenant
under this Lease and such failure continues for five (5) days after it is due;
(3) Tenant fails to promptly and fully perform any other covenant, condition or
agreement contained in this Lease and such failure continues for ten (10) days (or such shorter
time provided herein) after written notice thereof from Landlord. Such ten (10) day notice shall
be in lieu of and not in addition to any notice required under California Code of Civil Procedure
Section 1161;
(4) A trustee, disbursing agent or receiver is appointed to take possession of all
or substantially all of Tenant's assets or of Tenant's interest in this Lease and Tenant does not
regain possession within ten (10) days after such appointment; Tenant makes an assignment for
the benefit of creditors; or all or substantially all of Tenant's assets in, on or about the Premises or
Tenant's interest in this Lease are attached or levied upon under execution (and Tenant does not
discharge the same within ten (10) days thereafter);
(5) A petition in bankruptcy, insolvency or for reorganization or arrangement
is filed by or against Tenant pursuant to any federal or state statute and, with respect to any such
petition filed against it, Tenant fails to secure a stay or discharge thereof within ten (10) days after
the filing of the same;
(6) Immediately, in the event of any assignment, subletting or other transfer for
which the prior written consent of the Landlord has not been obtained;
(7) Immediately, in the event Tenant admits in writing its inability to pay its
debts as they mature; or
(8) Immediately, upon the suspension of Tenant's right to conduct its business,
caused by the order, judgment, decree, decision or other act of any court or governmental agency.
(b) Landlord's Remedies. Upon the occurrence of a default by Tenant that is not cured
by Tenant within any applicable grace period, Landlord shall have the following rights and
remedies in addition to all other rights and remedies available to Landlord at law or in equity:
(1) The right to terminate this Lease by giving notice to Tenant in accordance
with applicable law;
(2) The right and power to enter the Premises and remove therefrom all persons
and property, to store such property in a public warehouse or elsewhere at the cost of and for the
account of Tenant. Before retaking of any such property from storage, Tenant shall pay to
Landlord, upon demand, all expenses incurred in such removal and all storage charges against such
property. Any such property of Tenant not so retaken from storage by Tenant within thirty (30)
days after such property is removed from the Premises shall be deemed abandoned and may be
either disposed of by Landlord pursuant to Section 1988 of the California Civil Code or retained
by Landlord as its own property;
Attachment No. 4
(3) The right to have a receiver appointed for Tenant, upon application by
Landlord, to take possession of the Premises and to apply any rental collected from the Premises
and to exercise all other rights and remedies granted to Landlord for Tenant pursuant to this Section
10; and
(4) The rights and remedies provided by California Civil Code Section 1951.2
to recover from Tenant upon termination of this Lease;
11. Quiet Enjoyment. Upon payment by Tenant of the rents herein provided, and upon the
observance and performance of all the covenants, terms and conditions on Tenant's part to be
observed and performed, Tenant shall peaceably and quietly hold and enjoy the Premises for the
term hereby demised without hindrance or interruption by Landlord or any other person or persons
lawfully or equitably claiming by, through or under Landlord, subject, nevertheless, to the terms
and conditions of this Lease.
12. Notices. Any notices required or permitted hereunder shall be in writing and delivered in
person to the other party or by a nationally recognized overnight courier such as FedEx, or United
States Certified Mail, Return Receipt Requested, postage fully prepaid, to the addresses set forth
below or to such other address as either party may designate in writing and deliver as provided in
this Section.
Landlord:
Tenant:
Community Development Commission -Housing Authority
of the City of National City
Attn: Alfredo Ybarra
1243 National City Boulevard
National City, CA 91950
Facsimile No. (619) 336-4286
Email: alfredoy@nationalcityca.gov
City of National City
Attn: Brad Raulston
1243 National City Boulevard
National City, CA 91950
Facsimile No. (619) 336-4286
Email: braulston@nationalcityca.gov
13. Brokers. Landlord and Tenant covenant, warrant and represent that no broker has been
involved in the negotiation or consummation of this Lease. Tenant and Landlord each agree to
indemnify, defend (with an attorney of the indemnitee's choice) and hold the other harmless from
and against all claims, demands, causes of action and liabilities, including (without limitation)
attorneys' fees and costs, arising out of a claim for a commission by any broker purporting to have
acted on behalf of the indemnifying party.
14. Force Majeure. Neither party shall be required to perform any term, covenant or condition
of this Lease so long as such performance is delayed or prevented by force majeure, which shall
Attachment No. 4
mean any acts of God, material restriction by any governmental authority, civil riot, and any other
cause not reasonably within the control of such party and which by the exercise of due diligence
such party is unable, wholly or in part, to prevent or overcome.
15. General Conditions.
(a) Counterparts. This Lease may be executed in two or more counterparts, each of
which shall be deemed an original, but all of which together shall constitute one and the same
instrument.
(b) Captions. The captions in this Lease are inserted for convenience of reference and
in no way define, describe or limit the scope or intent of this Lease or any of the provisions of this
Lease.
(c) Partial Invalidity. Any provision of this Lease which is unenforceable, 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 effect.
(d) No Third -Party Rights. Nothing in this Lease, express or implied, is intended to
confer upon any person, other than the parties to this Lease and their respective successors and
assigns, any rights or remedies.
(e) Time Of Essence. Time is of the essence in this Lease.
(f) Relationship. Nothing contained in this Lease shall be deemed or construed by the
parties or by any third person to create a relationship of principal and agent or partnership or a
joint venture between Landlord and Tenant or between either or both of them and any third party.
(g) Approval. Where this Lease refers to an action or approval of the Landlord, it shall
mean the approval of the Executive Director of the Community Development Commission -
Housing Authority of the City of National City, or designee, unless otherwise provided. Where
this Lease refers to an action or approval of the Tenant, it shall mean the approval of the City
Manager of the City of National City, or designee, unless otherwise provided.
(h) Further Assurances. Landlord and Tenant agree to execute all such instruments and
documents and to take all actions which are reasonably necessary to carry out this Lease or
accomplish its intent.
(i) Incorporation of Prior Agreements. This Lease contains all agreements of Landlord
and Tenant with respect to any matter mentioned, or dealt with, herein. No prior agreement or
understanding pertaining to any such matter shall be binding upon Landlord or Tenant.
(j) Amendment. This Lease may only be amended by written agreement signed by
Landlord and by Tenant.
Attachment No. 4
(k) No Waiver. No waiver by either party of any provision hereof shall be deemed a
waiver of any other provision hereof or of any subsequent breach of the same or any other
provision. Landlord's consent to or approval of any act shall not be deemed to render unnecessary
obtaining such Landlord's consent to or approval of any subsequent act. No waiver by either party
shall be effective unless it is in writing, executed on behalf of such party.
(1) Consents. All consents to be given by either party shall be reasonably and timely
given.
(m) No Leasehold Mortgages. Tenant shall not encumber its leasehold interest in the
Premises, without the prior written approval of the Landlord.
(n) Nondiscrimination. There shall be no discrimination against or segregation of any
person or group of persons, on account of race, color, creed, religion, sex, sexual orientation,
marital status, national origin or ancestry in the leasing, subleasing, renting, transferring, use,
occupancy, tenure or enjoyment of the Premises, nor shall Tenant itself, or any person claiming
under or through it, establish or permit such practice or practices of discrimination or segregation
with reference to the selection, location, number, use or occupancy of tenants, lessees, sublessees,
subtenants or vendees in the Premises.
(o) Signature Authority. All individuals signing this Lease for a party which is a
corporation, limited liability company, partnership or other legal entity, or signing under a power
of attorney, or as a trustee, guardian, conservator, or in any other legal capacity, covenant to the
each other party hereto that they have the necessary capacity and authority to act for, sign and bind
the respective entity or principal on whose behalf they are signing.
IN WITNESS WHEREOF, the parties have executed this Lease.
TENANT:
City of National City
By:
Ron Morrison, Mayor
Approved as to Form:
By:
Claudia Gacitua Silva
City Attorney
LANDLORD:
Community Development Commission -Housing Authority of the City of National City
Attachment No. 4
By:
Leslie Deese, Executive Director
Approved as to Form:
By:
Claudia Gacitua Silva
General Counsel