HomeMy WebLinkAboutAgenda Report - August 18, 1999 E-09CITY OF LODI COUNCIL COMMUNICATION
AGENDA TITLE: Renewal of Lease Agreement for 111 N. Stockton Street, Unit A (Recreation Annex)
MEETING DATE: August 18, 1999
PREPARED BY: Parks and Recreation Director
RECOMMENDED ACTION: That the City Council approve the attached agreement.
BACKGROUND INFORMATION: The Parks and Recreation Department has been leasing the above
mentioned facility for 10 years. This building is used for specialty
classes and houses the After School Playground Program. It
provides the department with much needed indoor space.
The rent for this unit has been $1,500 since September of 1994 and will continue at that rate for the first
two years of the lease agreement. Thereafter, it will be adjusted yearly by the realtor agent in
accordance with changes in the Consumers Price Index.
FUNDING: Recreation Administration Operatin dget
Ron Williamson
Parks and Recreation Director
RW
cc: City Attomey
Lodi Parks and Recreation Commission
APPROVED:
H. Dixon Flynn -- City Manager
08/11/99
COMMERCIAL LEASE AND DEPOSIT RECEIPT
IOM City of Lodi - a municipal corp.
hereinafter referrad to as LESSEE.
fevered by Pristiet2 lease arrangement DOLLARSi,
.as a deposit which, upon acceptance of this lease, shell belong to Lessor and shall be applied as follows:
RECEIVED PAYABLE PRIOR TO OCCUPANCY
•rmdfrom to S na S na
;it .................................................. 5 na S na
s na ; na _
..................................................... S 5
rot that this lease is not accepted by the Lessor within -0- days, tiro total deposit received shag be refunded.
tahyoRerstotmefromLessorthepremisessituatedIntheCityof Lodi Caoumyof San Joaquin
foryyj�_ ,describedas 111 N. Stockton St. — Unit A
ving TERMS and CONDITIONS:
M: The termhereof shelf commenceon September 1 ,tit 99 ard9.0mon August 31, 2004 *x
r. The total earn shall be 90-000 + nara.lQ ,payablessfdbxs: $1500 per month on or before the irst
bdrlh�gt>gdaidt:, wtyorhisauthorizedagent.atthefollowigaddress: Lentora Ketzery4� virgin, Ave.
.ah other places as may be designated by Owner from time to time.
-mepremessaretobouseemrmeope,asonot parks & recreation department annex.
• no other purpose, without prior written comm of Lessor.
1 PRONINITRO: Lessee shall not use any portion of the premises or purposes other than ogee specified hereinabove, and no use shall be made or
.led to be meds upon the premises, nor ads done, which will increase the existing rate of insurance upon the property, or cause cancellation of insurance policies
ng said property. Lessee shall not conduct or pemit any sale by auction on the promises.
4CNMRNT ANO SUNLRTTIIIC: Losses shall not assign this Wase or sublet any portion of the premises withartprior written consent of the Lessor, which
,of be unreasonably withheld. Any such assignment or subs" without consent shall be void and, at the ren of the Lessor, may terminate t nus lease.
INA1111=5 MIO STATUTES: Lessee shall core* with all statutes, ordinances and requirements of all munimpal, state and federal authorities now in
3r which may t ereafterbe in farce, pertainingtothe premises, occasioned bytxaffectirg the usethereof by Lessee. The commenoementor pendency of anyslee
sral court abatement proceeding affecting the use of Me premises shall, at the option of the Lessor. be deemed a breach hered.
WBNANCR, REPAIRS, ALTERATIONS: Lessee acknowledges that the premises we in good order and repair, unless otherwise i dltetod berein.
3 $hell, at his own expanse and at all times, maintain aro premises in good and safe condition, including pleas glass, electrical wining, plumbing and healing
3tions and any other system or equipment upon the premises and shelf surrender the same, at termination thereof, in as good condition as received, normal west
ar excepted. Lessee shelf be responsible for all repairs required. excepting the roof. exterior we] is. structural foundations, and:
shag be maintained by Lessor. Lessee shag aim maintain in good condition such portions adjacent to the premises, such as sidewalks, driveways. lawns and
,cry, which would otherwise be required to be maintained by Le>mr.
improvement or alroratlon of the premises shall be made without the prior written Consent of the Lessor. Prig to the commencement of any substantial repair,
emarn.oraheration. Losses "I give WSWatNasttwo (2) days written no*oin adert hat Lessor may Pool approprietenotices to avoid any gadaryfor hers.
*see shall not commit any wast* upon the promisee, or any nuisance or so which may disturb the quiet enjoyment of any tenant in the buddirg.
riANO1NSPlCTION: Lessee shall permit Lessor or Lassoes a" to entair upon the promises at reasonable firriesaind upon reasonable notim forths,
;a of it din c ng the same. and will permit Lessor at any time within daty (M) days prior to the expiration of this lease, to place upon thepromises any usual'To
-'For Leam'signa. and permit persons desiring to lease the same to inspect the premises thereafter.
.M U4CATION OF LESSOR: Leasco shag not be liable for any damage or injury to Losses. or any other person. or to any property, occurring on the
3d premises or any pet thereof, and Lasses agrees to hold Lessor harmless from any claims for damages, no matter how caused.
MMION: tf Lessor is unable to deliver possession of the premises at the commencement hereof. Lessor shall not be liable for any damage caused thereby,
as this Nae be void or voidable, but Lessee shag not be gable for any rent unbt possession is delivered. Lessee may terminate this lease if possession is not
'ad within days of the commencement of the term hereof.
IRAIIM Lessee, at his expense, shell maintain pWro glass and publlo rrobtgry insurance including tladiy injury and property damage insuring Lessee and
, with minimum coverage asfollows: $1.000.000 each occurence
;gas shall provide Lessor with a Certificate of Insurance showing Lessor as additional insured. The Certificate shall provide for a ten-day written notice to Lessor
avant of cancellation or material charge of coverage.
the maximum Went permitted by insurance policies which may be owned by Lessor or Lessee, Lessee and Lessor, for the benefit of each other, waive any and
to of subrogation which might otherwise exist.
.MSS: Less"agresethatheshallb#mVofhsiblefor$opaymemofalluffr%s.iedudingwater. gas. electricity, heatandoMerservieesddiveredtothepromim.
IS: Lome reserves the exclusive right to the rool, side and rear walls of the Premises. Low" shall not construct arty projecting sign orawningwigauttheprior
consent of Lector which consent shag not be unreasonably withheld.
IIOONMRIITOPPR ISRS: Lessee shag not vacate or abandon Me promises at any time during the term hereof, and ILesseeshallabandon orvacate
:mala, or be dispossessed by process of law, or otherwise, any personal property belonging to Lessee left upon the premises shall bedeemed lobe abandoned.
option of lemon.
IMNATION: If any pan of the premises shall be taken or condemned for public use, and a pan thereof remains which is susceptible of occupation
der, this lease shall, as to the pan taken, terminate as of the date the condemnor acquires possession, and thereafter lessee shall be required to pay such prop -
of the rem for the remaining farm as the value of the premises remaining bests to Vis total value of the promises at the dale of cdrdanmmalk n; provided
or, that Lessor may at his option, taminsenis lease as of the date the condom=acquifes possession. Intte event that the demised premises are condemned
;9,orthatsuchportioniscondemnedtiettheremaindaNnctsusceptibleforusehereurtdsr,thisleaseshalltermirtasuponthedateuponwhichtheoondemnor t
as possession. All sums which may be payable on account of any condemnation shall belong to the Lessor, and Lessee shall not be entitled to any pat thereof.
ed however, itet lessee still be entitled to retain any amount awarded to him for his trade f0dures or moving expenses.
W FIIITURIIS: Any and all improvements made to the premises during the term hereof shall belong to the Lessor, except trade fixtures of the Lessee.
array, upon lenninationhereof, remove all histradegxtures.bu[sha WWrorpayorallrepairs necessaryfordamagastothepremisesoccasionedbyremoval.
rROCTION OP P tMISRS: In the event of a partial destruction of the premises during the term hereof, {torn any cause, Lessor shall onhwtth repair the
provided that such repairs can be made within sixty (60) days under existing governmental laws and regulations, but su& partial destruction shall nottemminate
tee, except that Lessee shall be entitled to aproponionate reduction of rent while such repairs are being made, basad upon the extern to which the making of such
c shag imeriere with the business of Lessee on the premises. If such repairs cannot be matte within said sixty (60) days, Lessor, of his optionmay make the
xilhin a reasonabletime, this lease continuing in of edwilhthe remproporaonat ly abated asaforesafd, and in the ev"that Lessor shalt not elect to make such
which cannot be made within sixty (60) days, this base may be terminated at the option of oither parry.
Ae even that the building W which the demised premises may be situated W destroyed to an extent of not fags than one-third of the replacement cods thereof,
'May Bbd to ten Is W this Kase whether the demised promises be inpedornot. A total destruction of the building in which the premises may besfmarod shelf
ala this lease.
heevent of any cls" between Lessor and lessee with respectothe provisions hereof, the matter shall be settled by arbitration in such a manner as the parties
gree upon, or 0 they cannot agree. in accordance with the rules of the American Arbitration Association.
07 (2-65) COPwnpHT A tees. ev PROPE9aDNAL ft&JOad CORP. tnPAULDR. sANAAFAaL. CA 114903 ®PROital45fONAL
NCY: In the event a receiver is appointed to We over the business of Lessee, or in the event Lessee makes a general assignment for the benefit of
Losses takes or suffers any action under" insolvency or bankruptcy act, the same $half conscNte breach of this lease by L--
:5 OF OWNER ON DEFAULT: In the event of any breach of this lean by Lessee, Lessor may, at his option, terminate The lease and recover from
ire worth at the time of award of the unpaid rem which was earned at the time of tifimtinalicn; (b) the worth at the time of award of the amount by which the
which would have been earned after until the Time of The award exceeds the amount of such rental loss That the Lessee proves could have been
:voided; (C) the worth at the time of award of the amount by which the unpaid rent for the balance of the tern after the time of award exceeds the amount of
oss that Lessee proves could be reasonably avoided; and (d) any other amount necessary to compensate Lessor for all detriment proximal* caused by
ure to perform his obligations under the lease or which in the ordinary course of things would be likely to resuh Pherefrom_
:ay, in the alternative, Continue this lean in effeM as long as Lessor does not hnninate Lessees right to possession, and Lessor may, enforce all his rights
is uretic the lease, including the right to recover the rent as 0 becomes due under the Won. t said breach of lease continues, Lessor may, at any Time
-act to terminate the lases.
:omained herein shelf be deemed to limit any other rights or remedies which Lessor may have.
Y: The security deposit set off above, if any, shall secure the performance of the Lessee's obligations hereunder. Lessor may, but shag not be obligated
r portions of said deposit on aaorntof Lessees obligations hereunder. Any balance remaining upon termination shag be returned to Lessee. Lessee shall
right to appy the Security Deposit in payment of the lash month's rent.
REFUNDS: The balance of as deposits shall be refunded whin two weeks from date possession is delivered to Owner or his authorized Agent.
i a statement showing any charges made against such deposits by Owner.
i"P : In can suit abouid be brought for rem" of Vie promises, or for any sum due hereunder, or bemuse of any act which may arise out of the
3tthe prem ses, bysitharparty, thepreva7sg parry shall beentitied call costs incurred in connection with such argon, including areasonableat0omey'stes.
No failure of Lessoro enforce any term hereof shill be deemed to be a waiver.
Any notice which either party may oris required o give. shall be" by mailkg the mane, postage prepaid, to Lessee at the premises, or LonoratLhe
,wn below, or at such other places as may be designated by the parties from time to time.
'OYER: luny holdirg over after the expiration of this ease, with the consent of Lessor, shall be construed as a month-to-month tenancy at a rental of
' Ahl p per month, otherwise in accordance with the terms hereof, as applicable.
no is of the essence of this lease.
SSIGNlS, SUCCESfORS: This ease is binding upon and inures to the benefit of the heirs, assigns and successors in interest o the partes.
tEASE: In the event there isarry Increaseduring anyyenr ofthotmn of tiffs low in the City, County or State real esta[s texesowar and Abovethe amount
t assssWforthe tax yeardurirg which egtwm ofthis Wase commences. whether because of Increased rateorvaluaton. Lessee shall pay to Lessor upon
of paid tax bile an amount equal o -.:k% of The increase in taxes upon the land and building in which the leased promises aro situated. In the event
,as are assessed for a tax year exouhdrg beyond therein of the lease, the obligation of Lessee shag be proportionate to the portion of the lease term
van year.
LR90G INRREASE: The rent provided for in paragraph 2 shall be adjusted effectiveLyn the Gust day of the month immediately following the
Z4 months from dsb of commencement of the term and uponthe expiration of each months thereafter in accordance with changes in the
-her Price Index for All Urban Consumers (1957 = 100) hftrafbu caged tthe'CPI.' The montty mnt shag be haeased o an amoumequal o the niwOy
in paragraph 2 multipled by atmcbon the rIUMWM of which isthe CPI ortM sewed ca*Wwmohth immediatey preceding rte adjusmnaMdateaMtM
,of which is the CPI for the second calendar month preceding the commenemem of the base term. Provided, however, in no went shall the monthly rent
the amount set forth in paragraph 2.
MMMEW: Provided that Lessee is no in defaultintheperlamanceofftlease,LeoneeshWhavetheoptionorenewtheleaseforanadditionalterm
months coruteencing attihe expiration d the initial bate term. Ali of the Mums and conditions; of the bleu shelf appy during the renewalterm except That
,ntshallbelheslxnoflf nor which shallbeadpsYedinaccordancewilhthecostoflvinginereaaeprovisionsetfoMinparagraph20.
nshalibeexwoisedbywritennWmgivenoLessornotlautMn Ra days priorto the empkistion of1the initial *an term. if notice is not given in the
ided herein within the Time specified, this option shag expire.
S LMILM; The Term tow,' as used in this paragraph, shall mean only the owner of the real property or a Lessee's interest in aground lease of
s. In the went of any transfer of such title or interest. the Lasso named heroin (or the grantor in ase of any subsequent transient) shag be relieved of an
id 10 Lessors obligations to be performed after such Transfer. Provided, however, VW any funds in the herds ofLusororGrantorstThe time ofsuch t War
eradoGrantes.LeeaolssoresidobtigifficnashagbebirAngupon Lesea'asrnxes:orsandassign only during the'urespective periods ofovmsnhip.
A, CNt7'IFICATE:
ale "I at any time upon not len than ton (10) days' prior wefNrh notice from Leaso execute, acknowledge and deliver to Lessor a statement in writing
OW this Lease is unmodified and in full baa and effect (or, g moth led. ststirgdo nature of such modigcadm and ertilying that this Lease, as sot modified,
i and affect), the amount of any security deposit, ant the date to which the rant and offer charges are paid in advance, if any. and 121 acknowledging that
to Lanes k low'edge, arty uncured defaults on the part of Lessor hereunder, of spedykV such defaults if any are claimed. Any such $Mo ent maybe
raked upon by any prospective purchaser or anoumbranar to the Premises.
mor'option, Lessees fatureto deliver such statement wit in such time shag be a material breach of this Lease or shall be conclusive upon Leone ji ) that
, in full tore and affect, without modification except as may be represented by Lessor, j21 that there are no uncured dNaubs in lessors perorn anc ti, and
hon than one month's rant has been paid in advance or such failure may be considered by Lessor as a default by Losses under This Lane.
;oro desire to Nance, refinance, orsell the Premises, or any pan thereof, Lasses hereby agrees to deliverto any lender or purchaser designated by Lessor
W statements of Lessee as may be reasonably required by such lender or purchaser. Such statements shag include the past three years' financial
if Loans. All such financial statements shall be received by lessor and such endo or Purchaser in confidence and shall be used only for the purposes
M.
II AREA EXPENSES: In the event the demised premises are situated in a shopping o"r or in a commercial mnercial building in which there are common
is &groes to pay his pro-raa aloe of mainamence, taxa, ad insurance or the dorrimn area. Does not apply.
WI: An addendum, signed by the parties. [X-1 is attached. r --j is not attached hereto.
-M s: The foregoing constitutes the entire agreement between to pages and maybe modified only by a writing signed by both partes. The following
• been made a pan of the lease before the perdes' execution hered:
The underggned Losses hereby ocknowledges receipt of a copy hereof.
DATeo: 7/16/99
less & Boyd Realtors , City of Lodi, a municipal corp. untie
fch St., Lodi, CA 95240 Address Lome
Phone 221 W. Pine St., Lodi, CA 95240 Address
333-6700 Pl ane
ACCEPTANCE Appm"d IN to f m
Law accepts the foregoing offer and agrees to lease the herein described prenmu on the terms and oonddiens hereinagrees o
the Agent in this lramacdOrh,
( DOLLARS)
i and aut osixas Agent to deduct said sum from the deposit received from Tonight. This agreement shall not Smit the rights of Agent provided loran any listing
ahieh may be in affect between owner and Agent in the evant Tenant shag purchase the property from Owner prior to the expiraton of this lease, Owner
;am a sats commission of —% of the tab price.
The undersigned Leaser hereby acknowledges receipt of a copy hereof.
DATED:
R Rnyd Renitnrs" owrer'sAutMnzedAgem Lanford Retzer Ulu"
-ch St., Lodi, CA 95240 Adds Lamm
Phone 940 Virginia Ave. , Lodi, CA 95242 Address
Phone
(945) COPwalwrt o rasa ler PROPS 04AL RALrsw,o CORP, 12ePAhaorh, SANWAEL. CA 9003 ®PROPESSION"
PUEILISNIINIO
ADDENDUM TO COMMERCIAL LEASE
PARIS & RECREATION DEPARTMENT ^ ANNEX A
111 N. STOCKTON ST., LODI, CA
Paragraph 35:
It is hereby agreed that this lease agreement may be terminated by either
party, with or without cause, by giving to the other party not less than
six (6) months written notice of such intention to terminate.
LENFORD RETZER, Owner
SCHAFFER SUESS & BOYD REALTORS,
Agent
CITY OF LODI, a municipal corp.
Dixon Flynn, City Manager
By:
Ames J. Verseput, bro er
Attest:
Alice M. Reimche
City Clerk
Approved as to Form:
Ran all A. Hays
City Attorney
RESOLUTION NO. 99-120
A RESOLUTION OF THE LODI CITY COUNCIL APPROVING
LEASE AGREEMENT FOR 111 NORTH STOCKTON STREET,
UNIT A (RECREATION ANNEX)
BE IT RESOLVED, that the Lodi City Council hereby approves the renewal of
Lease Agreement for 111 North Stockton Street, Unit A (Recreation Annex) with Lenford
Retzer, effective September 1, 1999 and terminating August 31, 2004 at a cost of
$1,500.00 per month for the first two years and adjusted yearly thereafter based on the
Consumer Price Index and written notice from the Lessor.
Dated: August 18, 1999
-------------------------=----------------------------------------
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1 hereby certify that Resolution No. 99-120 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held August 18, 1999, by the following
vote:
AYES: COUNCIL MEMBERS — Hitchcock, Mann, Nakanishi, Pennino
and Land (Mayor)
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
lllltc/ 1h ' '
ALICE M. R MCHE
City Clerk
99-120