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Home My WebLink AboutAgenda Report - April 4, 2001 E-19yOF� COUNCILCITY OF LODI 1 1 LL- OqC FOBa`P AGENDA TITLE: Adopt a Resolution Authorizing Sherry Beltz and Emily Wolfe, dba Jazzercise Fitness Center, 111 N. Stockton Street, Suite B, to Sublet a Portion of the Premises to Pyramids Inc., dba 720 Dance & Cheer, for the Period of April 1, 2001 to March 31, 2002 MEETING DATE: April 4, 2001 PREPARED BY: Parks and Recreation Director RECOMMENDED ACTION: That the City Council approve above stated request. BACKGROUND INFORMATION: Sherry Beltz and Emily Wolfe currently lease city property located at 111 N. Stockton Street, Suite B, for the purposes of conducting a Jazzerice Fitness Center. They are requesting to sublet a portion of the premises to Pyramids, Inc. for the purposes of conducting cheerleading and dance instruction for a period of one year, April 1, 2001 to March 31, 2002 with no option to renew. Attached is their request letter and proposed sublease agreement. 34k"n ?Le31•►•l� 1 Roger Baltz Parks and Recreation Director RB:svb cc: City Attorney APPROVED: e2 H. Dixon Flyn -- City Manager 03/27!01 MAR 2 2 2001 JAZZERCISE 111 N. Stockton Street, Suite B PARK". } ` � !„ Lodi, CA 95240 (209) 333-0460 March 21, 2001 CITY OF LODI 221 W. Pine Street Lodi, CA 95240 Gentlemen: Sherry Beltz and Emily Wolfe request the City of Lodi's consent to sublet a portion of their premises to Pyramids, Inc., doing business as 720 Dance & Cheer, 2060 Commerce Avenue, Concord, California 94520. The proposed sublessee's use of the premises would be limited to Tuesday and Thursday evenings and Sunday afternoons and early evening -- times when sublessor will not be using the building. Frequently, subleases are done for physical space, however, this sublease is being done for hours of occupancy for virtually the entire space. The insurance requirements mandated by the lease for Jazzercise are being passed through to Pyramids during their occupancy. The plans are for Pyramids to come into Lodi for a year, assess the market, and, if all goes well, proceed to another site next spring. There is no option to extend this sublease beyond March 31, 2002. Presently, Jazzercise runs programs in the building approximately 30 hours per week. The 10 hours that are being rented to Pyramids will not result in excessive use to the building but only what most would anticipate to be normal use. Approving this sublease will allow Jazzercise to continue as a viable business at this location and will provide an additional recreational opportunity for local youth. Attached is a copy of the proposed sublease, which is contingent upon approval by the appropriate City of Lodi entity. Very truly yours, JAZZERCISE FITNESS CENTER By k v v � &, (4, SHERRY BEL B Y � MILY W FE 03/26/2001 01:4B 2093398882 COOPER. LAW OFFICES PAGE 02 COMMERCIAL SUBLEASE Preamble This sublease is entered into on , 200T, by and: between SHERRY BELTZ and EMILY WOLFE, doing business as JAZZERCISE FITNESS CENTER, referred to in. this lease as "Landlord," and PYRAMIDS, INC., doing business as -720 CHEEP & DANCE, referred to in this lease as "Tenant." Deseriptiow of Property 1. Subject° to the° terms and conditions set forth, in this sublease, Landlord hereby subleases to Tenant the use of that certain property located at 11 I N. Stockton Street, Suite B, Lodi, California, between the Hours of 7`00 p.m. to 9:40 p.m. on Tuesdays and- Thursdays and - 1:00 p.m. to 5:00 p.m. on Sundays. Neither Tenant nor their agents, ernployees, assigns, invitees, or guests shall have a right to occupy or use the registration area and child- care areas on the premises- Tenn - 2. The term of this sublease shall be for no more than one year commencing April 1, 2001, and ending Match 31, 2002- The actual begimiirg date of this sublease shall be conditioned upon consent being given by the City of Lodi, the owner of the property (Owner). Landlord represents that it has the right to- occupy these premises pursuant to a lease with LENFORD RETZER, which lease has been assigned to the City of Lodi, ftmt h. the- end of this anticipated sublease -term_ Basic RsU 3. Tenant agrees to pay to Landlord as basic rent for the use and occupancy of the subleased space during the -times indicated; the sum of S1i00:00 per month payable on the first day of each and every month commencing April 1, .2001, but prorated for said month if occupancy does not begirt until a€ier that time. Payment not made until after -the fifth day of the month shall bear a late charge of five .percent.(5.%) for. each such. paymenL Security Deposit 4: Ort execution of this sublease-, Tenant: shah deposit with Landlord $800.00 as a security deposit for the performance by Tenant of the provisions of this sublease. If 'Tenant is in default; Landlord c= use the secunity deposit, or any peaion of it, to cure- the default or to compensate Landlord for all damage sustained by Landlord resulting front- Tenant's default. Tenant shall immediately on demand pay to Landlord a sten equal to the portion, of the security deposit expended or applied by Landlord as provided. in. thisparagraph so as..to. maintain. the_ security deposit in the sum initially deposited -with Landlord. If Tenant is not in default at the expiration or termination of this. sublease, Landlor& shaU. return- thesecurity-deposit to Tena Landlord`s obligations with respect to the security deposit are those of a debtor and not a trustee. 03/26/2001 01:48 2093398882 COOPER LAW OFFICES PAGE 03 Landlord can maintain the security deposit separate and apart fry Landltfs' general fonds -or can commingle the security deposit with Landlord's general and other funds. Landlord shall note be required to pay Tenant interest on the- security deposit_ Use of Premises 5. The- subicascd- spacc shallbe used for cheerleadiw and: dance instruction and activities reasonably related thereto. There shall be no other use or uses without the prior expressed written consent of Landlord and Owner. PrelrxbxteelF USM 6. Tenant shall not cornunit or permit the commission of any acts on the premises nor use or; permit the use of the premises inanyway that=. (a) Increases the existing rates for or causes cancellation of any fire, casualty, liability, or other insurance policy- instrrinrg the premises or its corrtentts; (b) Violates or conflicts with any taw, statute, ordinance, or governmental rule or regulation, whether: now in forme or herebufter' enacted; governing the prernaises; (c) Obstructs or interferes with the rights of other tenants or occupants of the premises or injures or annoys- therm, or- (d) r(d) Constitutes the commission: of waste- on the premises or the - commission - or maintenance of a nuisance as defined by the laws of California. Aeeepftnce of Prete, 7. Tenant's taking possession of the premises ow cotnmeneestetut of the -term shall constitute Tenant's_ acknowledgment that the premises are in good condition. Personal Property Taxes & Tenant shall pay before delinqurency all taxes, assessments, license fees, andother charges ("taxes") that are levied and assessed against Tenant's personal property installed or located- in or on the pxerrrises, and than become payable during the term. On demand by Landlord, Tenant shall fumisb Landlord with satisfactory evidence of these payments. Alterations 9 No- alteration; addition, or improvement to the. -p sm shaft be Made by Tenant without the written consent of Landlord. If Landlord gives such written consent to any alteration, addition, or improvement to the subleased premises, Landlord and, Tenant -shall:agree.itn -writing cowneial sublease .f :Jaa2erc16e/Pyramids; - 4� 03/26/2001 01:48 2093398882 COOPER LAW OFFICES PAGE 04 at that time to the date when that undertaking shall be completed. Ten= ' shall obtain all,. necessary governmental permits required for any alteration, addition, or improvement approved by Landlord and -shall eon*y with7 all applicable governmental Iaw, regulations; ordinances, and codes. Any alteration, addition, or improvement made by Tenant after consent has been given, and- any fixtures installed- as part of the. caastracdm- shall' at -Lames- optional-. become- the property of Landlord on the expiration or other earlier termination of this sublease; provided, however, that Landlord shall have the right to require Tenam to remove- the- fixtures at Tenant's cost on termination of this sublease.. If Tenant is required by Landlord to remove the fixtures on termination of this sublease, Tenant shall repair and restore any damages to the subleased premises caused;by such retno"L Mechanics! L- Lens - 10. If Tenant causes any alterations, additions, or improvements to be made to the premises, Tenant agrees to keep the- premises free- of lien& for ba #abor and -materials. if_ a lien_ is placed on the premises in connection with any construction, repair, or replacement work that Tenant may or must cause to be performed-un&r th6 sublease, w1ii6h results irr a final judgment, Landlord may pay the amount of that judgment. Tenant shall reimburse Landlord for the full amount paid- within 10 days after that amount is paid by Landlord; otfrerwise Tenant shall be in defauh under this sublease.- Malntertar>fer and Repai rrF 11. Tenant shall during the term of this sublease maintain the premises in a good, clean; opet-ating and se€e: coeditiarr, and shall on expiration. or earlier terminaticar of this sublease - surrender the premises to Landlord in as good condition and repair as existed on the date of this sublease; reasonable- wear art& leer excepted. Ten=t, at Tenants own expense;- shad repair all - deteriorations or injuries to the premises occasioned by Tenant's lack of ordinary care. Inspection by Landlord 12. Tenant shall -perm Larallerd-or Laearllorws°-agents; represectcattvcs;or emp3oyees- to enter the premises at all reasonable times for the purpose of inspecting the premises to detetative- whc&cr Tettarn is complying with the term of this suWase and for the purpose of doing other lawful acts that may be necessary to protect Landlord's interest in the premises under this sublease. UtiNW 13. Tenant shall be responsible to install and maintain any telephone or fax services it desires. lrt addition; Tenant shall pay twenty percent (20%) of the utility- services, including., sewage, water, electrical, and gas, billed to the premises. Upon receipt of the monthly statements, Landlord shall- provide Tenant- with copies o€' those statements and a calculation - indicating the amount due from Tenant. This amount shall be due immediately but payable.witb. C�mmerclal Sublease (J a s.erci seftypamlde) ' 3 03/26/2001 01:48 2093398882 COOPER LAW OFFICES PAGE 05 the rent due in the next succeeding month, in no event more- than thirty (30) days after the , presentation of the invoice. Exculpetio of-Landfetr&. 14. Landlord shall not be liable to Tenant for any damage to Tenant or Tenant's property from any cause: Tenant -waives alt claims against: Landlord- for damage to persons or - property arising for any reason. Indemnity - 15. Tenant shall hold Landlord harmless from all damages arising out of any damage to• any person or property 7 occurring° in, on or -about the premises; exceprthat Landlord shall be liable to Tenant for damage resulting from the acts or omissions of Landlord or its authorized representatives: A- party's oWgation( under this paragraph4o-indernrtify an&hold the other party harmless shall be limited to the sum that exceeds the amount of insurance proceeds, if any, received try the --party beirtg indemuific*- Security Responsibility 16. 1{ is Tett m?& responsibility to seetife the pmnises:: upott the- conclusion of any day's activities. The hours of operation for Tenant are later than the normal hours of operation - fou Landlord. Landlor& will provide a- list ofall equilmtem furniture; an& furnishings.to Tenant that belong to Landlord. Any damage to Landlord's personal property during the tenancy of Tenant- will- be the responsibility of Tenarw Insurance 16. Ju fm0wrarme of the previous paragraph; Tenant will, tbrmghourthe term ll, sublease, and at Tenant's own expense, procure and maintain so-called public liability insurance, insuring Larni}ord and said T -err against-t}amages because; of:or on account of bodily injuries to or death of any persons, occasioned by the maintenance and operation of said demised premises; in the trunimurtr amount- of One, Mlon and' noJ100 dollars ($1,000,0W.00 ) for any. one accident, and against damage to property of any person or persons, wherever located, including the- loss of sse thereof, in- the minimum amount of Five Hundred Thousand Dollar; and - not -100 ($5.00,040.00). The -policies hereundet . requited -.shall be givenby insurance companies_ satisfactory to Landlord. Should Tenant fail to provide for, maintain or pay for any kind of insurance hereinabove: provided -for; or -the required amount tla ereo€, Landlmd-may, at Landlord's option, procure such insurance, and together with interest thereon at the rate of fifteen percent (I1-5fo) perannurrr; the premium amount shaff be paid to tmuffoe.owtlm first-day of -the-calendar. month next ensuing the payment thereof. Commerclal.1"blaaae- (Jazzercist/Pyra zde) -¢- 03/26/2001 01:48 2093398882 COOPER LAW OFFICES PAGE 06 Insurance for Personal Property 17. Tenant agrees at all times during the term of this sublease to keep, at Tenant's sole expense, all of Tenant's personal property, including trade fixtures and -equipment of Tenant that may be on or in the premises from time to time, insured against loss or damage by fire and by any peril -included -within fire -and extended°coverage-insatatrce•forair amount that -will insure the ability of Tenant to fully replace the personal property, trade fixtures, and equipment. Tenant will maintain at aff tames a workers' compensation policy sufficiem to insure their, employees. Waiver of Subrogation 18: Tht-parti mreleasc-each other, and their respective audtorized representatives, from any claims for damage to any person or to the premises and to the fixtures, personal property, tenant's improvements, and alterations- of either Landlord or Tenant in. or on -the. premises that - are caused by of result from risks insured against under any insurance policies carried by the parties and in force at the time- of any such damage. Acts eonstitutft Br l- 14. The following shall constitute a default under and a breach of this sublease by Tenant - (a) The• nonpayment of rent when dire, when the nonpayrim-n continum for three days after written notice to pay rent or surrender possession of the premises has been given by Landlord: to Tenant; (b) k iailum to, perform -my -provision; covenarttl or eowlition.of: this sublease other than one for the payment of rent, when that failure is not cured within three days after written notice of the specific €allure is° givven by L&-Actrd to Tetrar*i . (c) The breach of this sublease and abandonment of the premises before expiration of the terra of -this-sublease; (d) h receiver is appoixtted to take posaessiorr of all or substantially all- of Tenant's property located on the premises or of Tenant's interest in this sublease, when possession is not restored: to Tenant within 30 clays; , (e) Tenant.make& a general assignrn t -far the benefit of creditow , (f) The execution, attachment, or other judicial seizure of substantially all of Tenant's assets loemedl= ca the premises- or of Tenant's interest ire- this- Sublease; Scher: the seizure is not. discharged within 15 days; or ca.macc>al- avbiesyt. 1. Ta 2 z e r ci-eel Fyrami do i - -' 03/26/2081 01:48 2093398882 COOPER LAW OFFICES PAGE 07 (g) The filing by- or against Tenant of a petition -to have Tenant -adjudged a bankrupt or of a petition for reorganization or arrangement under the federal bankruptcy law, unless, in the case of a petition -filed: against 'Tenant; it is dismissed- withirr 6Q Default Rerttedies: 20. All covenants and agreements contained in this sublease are declared to be conditions to this sublease and to -the- terrn hereby demised to- TenoW. - Should Tenant default in the performance of any covenant, condition, or agreement contained in this sublease, and the default not be -cured within three (3) ,days after writterr-notice of the default is -served arta Tenant: by Landlord, then Landlord shall be entitled to avail himself of any remedy available and the election of -such remedy shall inctbeeonstrned as a-wai ver~of any otherremedy-orbr+each orrigitt; to resort to any process otherwise available to him. Assig ttt and Subftd 21. Tenant shall have no right to sublet any portion of the premises without first obtaining the exgrm written consent of :Landlord and Owner.- Signs wner. Signs and Advertising 22. Any sign• that Tenant- has -the rigin io plwe-, eonstnwt, an&. maintain- shall comply with all laws, and Tenant shall obtain any approval required by such laws. Landlord makes no representation with;-respee. to Tenant's- ability to obtain such approval: Airy, advertising by Tenant shall include the following provision: "We are not affiliated with Jazzercise Fitness Center of Lodi."` 23. Except as otherwise expressly provided by law, any and all notices or other communications- required or permitte4 by this• -sublease or -by law- to be- serve&orr or given to either party to this sublease by the other party shall be in writing, and shall be deemed duly - served- and- given wherrpersonally &h Y emrf trr thu pmYg tea wh= itis dimrted orany managing.. employee of that party or, in lieu of personal service, when deposited in the United States mail, first-class postage prepaid=, addressed to Laadlbr&at 1-11 1C Stoekton Sheet, Shite B, Lodi, CA 95240, or to Tenant at 2060 Commerce Avenue, Concord, CA, 9452.0. Either party may change its address for purposes -of this-parsgraph-by -giving -written notice of-the-change_tot}re other partrin- the rnanner-provided-iR this-paragrappw Waiver of Breach 24 The waiver by,Landlord of any breach -by Tarrant-ofam-of the -provisions of this sublease shall not constitute a continuing waiver or a waiver of any subsequent default or breach by Tenanteither:oftbe-same or_a:dM=at-px:ouisim-of-tom-s aw: COYM#rCiAIA •fel at I� iaarzercaae/FyramtAel 03/26/2001 01:48 2093398882 COOPER LAW OFFICES PAGE 08 Termination Notim 25. No act of Landlord, including but not limited to Landlord's entry on the premises or e€form to; relet the Vis., or dw giving by Lasttflvrd to Tenant of &-noficv of default; shall, be construed as an election to terminate this sublease unless a written notice of the Landlord's ' election to terminate, this sublew-is -given to- Tensa*. Time 26. 'l=ime- is- of tire -essences of eacbr provision of this s se: - Consent of Parties 27. Whenever coment or anal of either -party, is required; that party- shall not unreasonably withhold such consent or approval. Ca Rturnia Lmw- 28- This sublease shall be construed and interpreted in accordance with the laws of the State of Carifotniat 29. The unenforceability, invalidity, or illegality of any provision shall riot render the other pmvisimw unerdiurceable, invalid-; or illega€ Attorneys' Fees 30,. If any litigation is commenced; between-thtparties to this sublease -concerning the. premises, this sublease, or the rights and duties of either in relation to the premises or the sublease; tire- party prevailing. irr that 1ttt-gation shall be� entit-W in addition to -any- other relief granted, to a reasonable sum as and for its attorneys' fees in the litigation, which shall be determined by the- court- im that litigation or in- a- separate- action brou& for that: purpose. Binding on Heirs and Successors 31. This sublesc shell be= binding air orad- shall inwe- to the benefit of the heirs; executors, administrators, successors, and assigns of the parties, but nothing in this paragraph shall; be construed -as a consent= by Landlord to any assignment of this sublease or any interest therein by Tenant. ccmmere.ial suhlease t Jazzereise/Pyronin,*) -7- 03/26/2001 01:48 2093398882 COOPER LAW OFFICES PAGE 09 Sole and..fhtly Ag tt 32. This instrument constitutes the sole and only agreement between Landlord and Tenant respecting the: premises or the leasing of the premises to Tenant-, azdeorrectly sets forth the obligations of Landlord and Tenant to each other as of its date. Any agreements or representations- respecting; the premises or their -leashWby Landlord to Tenant not -expressly -set forth in this instnirnent are null and void. EXECUTED- on , 200,11 at Lodi, Sam Joaquin- Caemty; Cali€onia- LANDLORD J1 ZZMtCISE FITNESS £EN-TEIZ~ is SHERRY BELTZ By EMILY WOLFE TENANY PYRAMIDSi. INC., doing business as- 720 CHEZ=R & DANCE By — MORTON BrER€IM By DANNY K k The City of Lodr (Owner) hereby cormseMs to alkyw SHERRY BELTZ and EMILY WOLFE, dba JAZZERCISE FITNESS CENTER, to sublease a portion of the premises located at- I R. N. Stocktotr. Streer to PYRAMJDS., INC., dbar 720 CHEER & DANCE: Dated-. Approved as to form: RANDALL A. HAYS, City Attorney Commerciel S�bleeee (Jazzerciee/Pyramids) — 8 H. DIX014 ItLYNN City Managm= A test 9US,4N J. RLACRSTON City Clerk RESOLUTION NO. 2001-86 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING SHERRY BELTZ AND EMILY WOLFE, DBA JAZZERCISE FITNESS CENTER, 111 N. STOCKTON STREET, SUITE B, TO SUBLEASE A PORTION OF THE PREMISES TO PYRAMIDS INC., DBA 720 DANCE & CHEER WHEREAS, the City currently leases space to Sherry Beltz and Emily Wolfe, dba Jazzercise Fitness Center, 111 N. Stockton Street, Suite B; and WHEREAS, they desire to sublease a portion of their leased space to Pyramids Inc., dba 720 Dance & Cheer, for the purpose of conducting cheerleading and dance instruction for a period of one year, April 1, 2001 to March 31, 2002 with no option to renew. - NOW, THEREFORE, BE IT RESOLVED, that the Lodi City Council does hereby authorize Sherry Beltz and Emily Wolfe, dba Jazzercise Fitness Center, 111 N. Stockton Street, Suite B, to sublease a portion of their leased space to Pyramids Inc., dba 720 Dance & Cheer, for the period of one year, April 1, 2001 to March 31, 2002 with no option to renew. Dated: April 4, 2001 ------------------------------------------------------------------ ------------------------------------------------------------------ I hereby certify that Resolution No. 2001-86 was passed and adopted by the City Council of the City of Lodi in a regular meeting held April 4, 2001, by the following vote: AYES: COUNCIL MEMBERS — Land and Mayor Nakanishi NOES: COUNCIL MEMBERS — Hitchcock ABSENT: COUNCIL MEMBERS — Howard and Pennino ABSTAIN: COUNCIL MEMBERS — None SUSAN J. BLAC STON City Clerk 2001-86