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HomeMy WebLinkAbout2010 CON Illes Family Trust - Commercial Tenant Lease - 2020 Hoover AveNOTE TO FILE 03-14-17 IN THE MATTER OF: Commercial Single -Tenant Lease Agreement between the City of National City and Illes Family Trust for 2020 Hoover Avenue, National City, CA 91950 for $1.00 per month for the period March 16, 2011 through July 16, 2011. NO FULLY EXECUTED ORIGINAL AGREEMENT WAS FILED WITH THE OFFICE OF THE CITY CLERK ORIGINATING DEPARTMENT: NTF CDC Housing & Grants — City Attorney _ Human Resources City Manager _ MIS _ Community Svcs. _ Planning Engineering _ Police Finance _ Public Works _ Fire Nutrition Center Successor Agency COMMERCIAL SINGLE -TENANT LEASE 1. Basic Provisions ("Basic Provisions"). 1.1 Parties. This Lease ("Lease"), dated for reference purposes only, is made by and between the CITY OF NATIONAL CITY, a municipal corporation, ("Lessor") and ILLES FAMILY TRUST ("Lessee"), (collectively the "Parties," or individually a "Party"). 1.2 Premises. That certain real property, including all improvements therein or to be provided by Lessor under the terms of this Lease, and commonly known as 2020 Hoover Avenue, National City, California, 91950, located in the County of San Diego, State of California, and generally described as a freestanding building and improvements ("Premises"). 1.3 Term: One Hundred Twenty (120) days ("Term") commencing Ma c k 14, , 2011 10, ("Commencement Date") and ending Jo 1f , 20 (( ("Termination Date"). 1.4 Rent. Upon the Commencement Date and upon the first day of each successive month of the Term, Lessee shall pay Lessor the gross rent of One Dollar and 00/100 ($1.00) per month ("Rent"). All Rent payments for the balance of the Term shall be made on the first day of each month. There is no additional Rent required from Lessee under this Lease. 1.5 Rent and Other Monies Paid Upon Execution: (a) Rent: $1.00 (b) Security Deposit: $(None) (c) Association Fees: $(None) (d) Other: $(None) (e) Total Due Upon Execution of this Lease: $1.00. 1.6 Agreed Use: Office, warehouse and commercial building. 2. Premises. 2.1 Letting. Lessor leases to Lessee and Lessee leases from Lessor, the Premises, for the Term, at the Rent and upon all of the terms, covenants and conditions set forth in this Lease. 2.2 Condition. Lessee acknowledges: (a) it has been advised by Lessor to satisfy itself with respect to the condition of the Premises (including but not limited to the electrical, HVAC and fire sprinkler systems, security, environmental aspects and compliance with the Americans with Disabilities Act and suitability for Lessee's intended use, (b) Lessee has made such investigation as it deems necessary with reference to such matters and assumes all responsibility as the same relate to its occupancy of the Premises, and (c) neither Lessor nor Lessor's agents have made any oral or written representations or warranties with respect to said matters other than as set forth in this Lease. Page 1 of 6 2.3 Lessee as Prior Owner/Occupant. Lessee acknowledges immediately prior to the Commencement Date Lessee was the owner or occupant of the Premises and is aware of the condition of the Premises. 3. Term. 3.1 Term. The Commencement Date and Termination Date of this Lease are as specified in Paragraph 1.3. 4. Rent. 4.1 Rent Defined. All monetary obligations of Lessee to Lessor under the terms of this Lease are as specified in Paragraph 1.4. 5. [INTENTIONALLY LEFT BLANK] 6. Use. 6.1 Use. Lessee shall use and occupy the Premises only for the Agreed Use as specified in Paragraph 1.6 or any other legal use which is reasonably comparable and for no other purpose. Lessee shall not use or permit the use of the Premises in a manner that is unlawful, creates damage, waste or a nuisance or that disturbs occupants of or causes damage to neighboring premises. or properties. Lessor shall not unreasonably withhold or delay its consent to any written request for a modification of the Agreed Use so long as the same will not impair the structural integrity of the improvements on the Premises or the mechanical or electrical systems therein and/or is not significantly more burdensome to the Premises. 7. Maintenance and Repairs. 7.1 Lessee's Obligations. Lessee shall at Lessee's own cost and expense, keep and maintain all interior portions of the leased Premises in good order and repair and in as safe and clean a condition as they were when received by Lessee, reasonable use, casualty and wear excepted. It is intended by the Parties that Lessee have no additional obligation in any manner whatsoever to repair and maintain the Premises or the equipment on the Premises all of which obligations are intended to be that of the Lessor. It is the intention of the Parties that the terms of this Lease govern the respective obligations of the Parties as to maintenance and repair of the Premises and they expressly waive the benefit of any statute now or hereafter in effect to the extent it is inconsistent with the terms of this Lease. 7.2 Lessor's Obligations.Lessor shall, at Lessor's sole expense, keep the Premises in good order, condition and repair including, but not limited to, all equipment or facilities, such as plumbing, HVAC equipment, electrical, lighting facilities, boilers, pressure vessels, fire protection system, fixtures, walls (interior and exterior), foundations, ceilings, roofs, roof drainage systems, floors, windows, doors, plate glass, skylights, landscaping, driveways, parking lots, fences, retaining walls, signs, sidewalks and parkways located in, on, or adjacent to the Premises. Page 2 of 6 8. Insurance; Indemnity. 8.1 Liability Insurance Carried by Lessee. Lessee shall obtain and keep in force a Commercial General Liability policy of insurance protecting Lessee and Lessor as an additional insured against claims for bodily injury, personal injury and property damage based upon or arising out of the ownership, use, occupancy or maintenance of the Premises and all areas appurtenant. Such insurance shall be on an occurrence basis providing single limit coverage in an amount not less than $1,000,000 per occurrence with an annual aggregate of not less than $2,000,000 and an "Additional Insured -Managers or Lessors of Premises Endorsement" (or similar endorsement protecting Lessors officials and employees). The policy shall not contain any intra-insured exclusions as between insured persons or organizations, but shall include coverage for liability assumed under this Lease as an "insured contract" for the performance of Lessee's indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Lessee nor relieve Lessee of any obligation hereunder. All insurance carried by Lessee shall be primary to and not contributory with any similar insurance carried by Lessor, whose insurance shall be considered excess insurance only. 8.2 Insurance Policies. Insurance required in this Lease shall be by companies duly licensed or admitted to transact business in the state where the Premises are located. Lessee shall not do or permit to be done anything which invalidates the required insurance policies. Lessee shall, prior to the Commencement Date, deliver to Lessor certified copies of policies of such insurance or certificates evidencing the existence and amounts of the required insurance. No such policy shall be cancelable or subject to modification except after 30 days prior written notice to Lessor. Lessee shall, at least 30 days prior to the expiration of such policies, furnish Lessor with evidence of renewals or "insurance binders" evidencing renewal thereof. Such policies shall be for a term of at least one year, or the length of the remaining term of this Lease, whichever is less. 8.3 Indemnity. Lessee hereby agrees to indemnify, defend, and hold harmless the City of National City and its officials and employees from any liability or loss arising from Lessee's use or occupancy of the Leased Premises during the term of this Lease. 9. Utilities and Services. Lessee shall pay for all water, gas, heat, light, power, telephone, trash disposal and other utilities and services supplied to the Premises, together with any taxes on such utilities and services. 10. Assignment and Subletting. Lessee shall not voluntarily or by operation of law assign, transfer, mortgage or encumber or sublet all or any part of Lessee's interest in this Lease or in the Premises without Lessor's prior written consent. 11. Estoppel Certificates. Each Party (as "Responding Party") shall within 10 days after written notice from the other Party (the "Requesting Party") execute, acknowledge and deliver to the Requesting Party a statement in writing in form similar to the then most current "Estoppel Certificate" form published by the American Industrial Real Estate Association or other agreed to source, plus such additional information, confirmation and/or statements as may be reasonably requested by the Requesting Party. Page 3 of 6 12. Severability. The invalidity of any provision of this Lease, as determined by a court of competent jurisdiction, shall in no way affect the validity of any other provision hereof. 13. Days. Unless otherwise specifically indicated to the contrary, the word "days" as used in this Lease shall mean and refer to calendar days. 14. Limitation on Liability. The obligations of Lessor under this Lease shall not constitute personal obligations of Lessor or its officials or employees and Lessee shall look to the Premises, and to no other assets of Lessor, for the satisfaction of any liability of Lessor with respect to this Lease and shall not seek recourse against Lessor's officials or employees or any of their personal assets for such satisfaction. 15. Time of Essence. Time is of the essence with respect to the performance of all obligations to be performed or observed by the Parties under this Lease. 16. No Prior or Other Agreements. This Lease contains all agreements between the Parties with respect to any matter mentioned and no other prior or contemporaneous agreement or understanding shall be effective. Lessor and Lessee represent and warrant to the other each has made and is relying solely upon its own investigation as to the nature, quality, character and financial responsibility of the other Party to this Lease and as to the use, nature, quality and character of the Premises. 17. Notices. 17.1 Notice Requirements. All noticesrequired or permitted by this Lease or applicable law shall be in writing and may be delivered in person (by hand or by courier) or may be sent by regular, certified or registered mail or U.S. Postal Service Express Mail, with postage prepaid, or by facsimile transmission, and shall be deemed sufficiently given if served in a manner specified in this Paragraph 17. The addresses noted adjacent to a Party's signature on this Lease shall be that Party's address for delivery or mailing of notices. Either Party may by written notice to the other specify a different address for notice, except that upon Lessee's taking possession of the Premises, the Premises shall constitute Lessee's address for notice. A copy of all notices to Lessor shall be concurrently transmitted to such party or parties at such addresses as Lessor may from time to time hereafter designate in writing. 17.2 Date of Notice. Any notice sent by registered or certified mail, return receipt requested, shall be deemed given on the date of delivery shown on the receipt card, or if no delivery date is shown, the postmark thereon. If sent by regular mail the notice shall be deemed given 48 hours after the same is addressed as required herein and mailed with postage prepaid. Notices delivered by United States Express Mail or overnight courier that guarantee next day delivery shall be deemed given 24 hours after delivery of the same to the Postal Service or courier. Notices transmitted by facsimile transmission or similar means shall be deemed delivered upon telephone confirmation of receipt (confirmation report from fax machine is sufficient), provided a copy is also delivered via delivery or mail. If notice is received on a Saturday, Sunday or legal holiday, it shall be deemed received on the next business day. 18. Waivers. No waiver by either Party of the default or breach of any term, covenant or condition by the other Party shall be deemed a waiver of any other term, covenant or condition or Page 4 of 6 of any subsequent default or breach by the other Party of the same or of any other term, covenant or condition. 19. No Right To Holdover. Lessee has no right to retain possession of the Premises beyond the expiration or termination of this Lease. In the event Lessee holds over past the Termination Date, then Lessee agrees to pay Lessor holdover Rent in the amount of One Thousand Dollars and 00/100 ($1,000.00) per day. Nothing contained herein shall be construed as consent by Lessor to any holding over by Lessee. 20. Cumulative Remedies. No remedy or election shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity. 21. Covenants and Conditions; Construction of Agreement. All provisions of this Lease to be observed or performed by Lessee are both covenants and conditions. In construing this Lease, all headings and titles are for the convenience of the Parties only and shall not be considered a part of this Lease. Whenever required by the context, the singular shall include the plural and vice versa. This Lease shall not be construed as if prepared by one of the Parties, but rather according to its fair meaning as a whole, as if both Parties had prepared it. 22. Binding Effect; Choice of Law. This Lease shall be binding upon the Parties, their personal representatives, successors and assigns and be governed by the laws of the State of California. Any litigation between the Parties concerning this Lease shall be initiated in the County of San Diego. 23. Consents. Except as otherwise provided, wherever in this Lease the consent of a Party is required to an act by or for the other Party, such consent shall not be unreasonably withheld or delayed. 24. Quiet Possession. Subject to payment by Lessee of the Rent and performance of all of the covenants, conditions and provisions on Lessee's part to be observed and performed under this Lease, Lessee shall have quiet possession and quiet enjoyment of the Premises during the term hereof. 25. Security Measures. Lessee acknowledges the Rent payable to Lessor does not include the cost of guard service or other security measures and that Lessor shall have no obligation whatsoever to provide same. Lessee assumes all responsibility for the protection of the Premises, Lessee, its agents and invitees and their property from the acts of third parties. 26. Reservations. Lessor reserves to itself the right, from time to time, to grant, without the consent or joinder of Lessee, such easements, rights and dedications Lessor deems necessary, and to cause the recordation of parcel maps and restrictions so long as such easements, rights, dedications, maps and restrictions do not unreasonably interfere with the use of the Premises by Lessee. Lessee agrees to sign any documents reasonably requested by Lessor to effectuate any such easement rights, dedication, map or restrictions. ' Page 5 of 6 27. Authority; Multiple Parties; Execution. (a) If either Party is a corporation, trust, municipality, limited liability company, partnership, or similar entity,. each individual executing this Lease on behalf of such entity represents and warrants he or she is duly authorized to execute and deliver this Lease on its behalf. Each party shall, within 30 days after request, deliver to the other party satisfactory evidence of such authority. (b) This Lease may be executed by the Parties in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. 28. Amendments. This Lease may be modified only in writing, signed by the Parties in interest at the time of the 'modification. As long as they do not materially change Lessee's obligations, Lessee agrees to make such reasonable non -monetary modifications to this Lease as maybe reasonably required by a Lender in connection with the obtaining of normal financing or refinancing of the Premises. 29. Americans with Disabilities Act. Since compliance with the Americans with Disabilities Act (ADA) is dependent upon Lessee's specific use of the Premises, Lessor makes no warranty or representation as to whether or not the Premises comply with ADA or any similar legislation. In the event that Lessee's use of the Premises requires modifications or additions to the Premises in order to be in ADA compliance, Lessee agrees to make any such necessary modifications and/or additions at Lessee's expense. The Parties have executed this Lease at the place and on the dates specified above their respective signatures. Executed at: San Diego, California on: September 23, 2010 By LESSOR: City of National City Name Printed: Ron Morrison Title: Mayor Care of: Chris Zapata City Manager City of National City 1243 National City Boulevard National City CA 91950-4301 Executed at: San Diego, California on: September. 2 3,2010 By LESSEE: Iiles Family rust By: Name Printed: Richard Illes Title: Co -Trustee Address: 2020 Hoover Avenue National City CA, 91950 With a copy to: Kenneth T. Calegari, Esq. Calegari Law Corporation 11440 W. Bernardo Court Suite 300 San Diego CA 92127-1644 Page 6 of 6 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of SAi..1. -tt ,0 On CI- 23 ' 2o(O before me, C-!- 42,1-E-5 A , d07-I fL.,{ Date Here Insert Name and Title of the Officer personally appeared I tAI L (-t_t s } Name(s) of Signer(s) C ARLES A. NISSLEY JR./ ,ti, - COMM. #1755224 fa W; :,Y� Notary Pudic -California N MN DIEGO cowry .My. CammY Ex _. Judy, 3 2011 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(,$) whose name(j' is/are-subscribed to the within instrument and acknowledged to me that he/sheithey executed the same in his/korf -eir authorized capacity(.ies), and that by his/tier/their signature(as)--on the instrument the person(,); or the entity upon behalf of which the person syacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my han Signature OPTIONAL Signature of Nota Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator LI Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here t%4SF=�:�v:.c.==C%'c�,Ci-'c:�'r=C.'c-C;'�=::'�)c-C4-t;✓ v: =%cis=C.'r=<:`i.,E:�;`�G.�,��'-G:`�=-t:'�=L`t=C;'<=�:�-'x.�%Gw�:....��,.,�,c.�:,c�:�'e�C.'c%<5�=�'�%G�'f=�;k��:.�hicJ 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotaryorg Item #5907 Reorder: Call Toll -Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of S n WT j EC.j( before me, lI On 9 43// G� Date personally appeared ) r ' I f Here Name and Pon i% rr,t Name s of Signer ) itle of the Officer VIRGINIA M. ORCUTT Commission # 1874998 i�1r Notary Public - California z z`�?f San Diego County Ott '_ Comm. Expires Dec 26_2013t Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the personts) whose name(s) is/ace-subscribed to the within instrument and acknowledged to me that he/slieith,y executed the same in his/her ieif-authorized capacity(ies), and that by his/her/their signature(s) on the instrument the persons-); or the entity upon behalf of which the person,(s-) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature yZt- /� f Cul ignature of o ary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — El Limited ❑ General ❑ Attorney in Fact El Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827