HomeMy WebLinkAboutAtascadero Historical Society Lower Rotunda for Museum ' CONTRACT NO. 93025
LEASE AGREEMENT
This Lease Agreement is made and entered into this date JUTY 27,
199 3 , by and between the City of ATASCADERO , a
Municipal Corporation, organized and existing under the general laws of the State of
California, hereinafter referred to as "Landlord", and ATASCADERO HISTORICAL SOCIETY, a
CALIFORNIA NON-PROFTT CORPORATTON , hereinafter referred to as "Tenant."
1. PARTIES
1.1 Landlord.
1.1.1 The Landlord is the City of ATASCADERO , California,
whose mailing address and address for notice under the terms of this Agreement as
follows:
CITY OF ATASCADERO
ATTENTION: DIRECTOR OF FINANCE
6500 PALMA AVENUE
ATASCADERO, CA 93422
1.2 Tenant.
1.2.1 The tenant is THE ATASCADERO HISTORICAL SOCIETY
. a CALIFORNIA NON-PROFIT CORPORATTON
whose mailing address and address for notice under the terms of this Agreement is as
follows:
ATASCADFRO HTSTORTCAT, SOCIETY
c/o NORMAN RUSKOVICH
2800 ARDILLA ROAD
AIASCADERU, CA 93422
2. LEASE PREMISES
2.1 Description of Premises.
2.1.1 As used herein, the terms "premises" or "leased premises" shall mean
the store, office space, or other unit or area described in the "Exhibit A" attached
hereto and which is hereby incorporated herein, which are or will be a part of the
building described in "Exhibit A." Unless the context otherwise requires, such terms
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shall include that portion of the building and other--improvements presently existing or
to be constructed in which the premises are or will be situated, and all fixtures
heretofore or hereafter to be installed by Landlord therein, but shall exclude the roof
and the exterior surface of all exterior walls of such building and improvements.
2.1.2 As long as Tenant is not in default under this Lease, Tenant shall
have the non-exclusive right to use in common with other Tenants of the building the
common areas and facilities included in the building together with such easements for
ingress and egress as are necessary for Tenant's use and occupancy of the leased
premises.
2.2 Parldng Facilities. Tenant acknowledges and agrees that any parking spaces
provided by Landlord in and around the building or the leased premises are solely for
the convenience of the customers of Tenant and of other tenants of the building, its
employees or its customers unless otherwise specifically designated by the Landlord in
writing. Landlord shall have the right to establish and enforce reasonable rules and
regulations concerning the use of the parking area.
2.3 Preparation of Premises; Occupancy,
2.3.1 If so provided in "Exhibit B" attached hereto and which is hereby
incorporated herein, Landlord agrees to perform any work identified in "Exhibit B" as
Landlord's work, and to cause the leased premises to be ready for occupancy by Tenant
on or before the anticipated Completion Date set forth in "Exhibit B." The leased
premises shall be deemed ready for occupancy as of the date Landlord has notified
Tenant in writing that Landlord has substantially completed all of the work required to
be done by Landlord as reflected in Exhibit B, and the initial term of this Lease shall
commence on the date of such notice unless a different date is specified in "Exhibit B."
2.3.2 If for any reason Landlord cannot deliver possession of the premises
to Tenant on the anticipated Completion Date, this Lease shall not be void or voidable,
nor shall Landlord be liable to Tenant for any loss or damage resulting therefrom, but
the term of this Lease shall be extended until the premises are ready for occupancy by
Tenant; provided, however, that if Landlord is unable to deliver possession of the leased
premises to Tenant within ninety (90) days after the anticipated Completion Date,
Tenant may terminate this Lease by giving ten (10) days written notice to Landlord
prior to the time that Landlord tenders possession to Tenant and thereupon both
parties hereto shall be relieved and discharged of all liability hereunder.
3. TERM OF LEASE
The initial term of this Lease shall begin on MAY 1, 1993 If Section
2.3 requires Landlord to perform or complete any work to prepare the premises for
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occupancy by Tenant, the initial term shall commence on the date determined pursuant
to Section 2.3, above. Subject to extension or sooner termination as hereinafter
provided, this Lease shall continue for the term of SEE "EXHIBIT B" . If the term
of this Lease begins on a day other than the first day of a month, the Tenant shall pay,
in advance, the prorated minimum monthly rent for such partial month, and the initial
term of this Lease shall be adjusted to commence on the first date of the following
month.
4. RENTAL
4.1 Minimum Yearly Rent.
4.1.1 Tenant agrees to pay to Landlord a minimum yearly rent of
von_on , during each year of the term of this Lease. Minimum
yearly rent for a period constituting less than a full month shall be prorated on the
basis of a three hundred sixty-five (365) day year.
4.1.2 If so provided in "Exhibit C" attached hereto and which is hereby
incorporated herein, the minimum yearly rent shall be adjusted at the times and in
the manner specified in "Exhibit C", and Tenant agrees to pay Landlord the minimum
yearly rent, as so adjusted, at the times and in the manner provided by this Lease.
4.2 Time and Manner of Payment.
4.2.1 Tenant agrees that all rent payable by Tenant hereunder shall be
paid by Tenant to Landlord not later than the close of business on the day on which
first due, without any deduction, setoff, prior notice or demand. All rents shall be paid
in lawful money of the United States at such place as Landlord shall designate to
Tenant from time to time in writing.
4.2.2 Should Tenant fail to make any payment of rent within ten (10)
calendar days of the date when such payment first becomes due, or should any check
tendered in payment of rent be returned to Landlord by Tenant's bank for any reason,
then Tenant shall pay to Landlord, in addition to such rental payment, a late charge in
the amount of ten percent (10%) of the monthly rent, which the parties agree is a
reasonable estimate of the amount necessary to reimburse Landlord damages and
additional costs not contemplated by this Lease that Landlord will incur as a result of
the delinquent payment or returned check, including processing and accounting charges
and late charges that may be imposed on Landlord by its lender. Upon notice of
nonpayment given by Landlord to Tenant, the entire amount then due, including such
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late charge, shall thereafter bear interest at the rate'of fifteen percent (15%) until paid
in full.
4.3 Prepaid Rent; Security Deposit
4.3.1 Tenant shall pay to Landlord upon execution of this Lease pre-paid
rent in the amount specified in Section 4.1, which shall be allocated toward the payment
of rent for the first month in the Lease. If Tenant is not in default of any of the
provisions of this Lease, the rent payable by Tenant for the last month of the term of
this Lease shall be reduced by the amount so allocated.
4.3.2 Tenant shall deposit with Landlord upon execution of this Lease the
amount of S 0 , as security deposit for the performance by
Tenant of Tenant's obligations under this Lease. Tenant agrees that if Tenant defaults
in its performance of this Lease, or in the payment of any sums owing to Landlord, then
Landlord may, but shall not be obligated to, use the security deposit, or any portion
thereof, to cure such default or to compensate Landlord for any damage, including late
charges, sustained by Landlord resulting from Tenant's default. Immediately upon
demand by Landlord, Tenant shall pay to Landlord an amount equal to the portion of
the security deposit so expended or applied by Landlord as provided herein in order to
maintain the security deposit in the original amount initially deposited with Landlord.
If Tenant is not in default at the expiration or termination of this Lease, Landlord shall
return the unexpended portion of the security deposit to Tenant, without interest.
Landlord's obligations with respect to the security deposit shall be those of debtor, and
not of a trustee, and Landlord shall be entitled to commingle the security deposit with
the general funds of Landlord.
5. INTENTION OF PARTIES; NEGATION OF PARTNERSHIP
Nothing in this Lease is intended and no provision of this Lease shall be
construed to make Landlord a partner of or a joint venturer with Tenant, or associated
with any other way with Tenant in the operation of the leased premises, or to subject
Landlord to any obligation, loss, charge or expense resulting from or attributable to
Tenant's operation or use of the premises.
6. PROPERTY TAXES AND ASSESSMENTS
6.1 Personal Property Taxes. Tenant shall pay before delinquency all taxes
assessed against any personal property of Tenant installed or located in or upon the
leased premises and that become payable during the term of this Lease.
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6.2 Real Property Taxes
6.2.1 In addition to all other rent payable by Tenant hereunder, Tenant
agrees to pay as additional rent its proportionate share of real property taxes if any, or
any increases in real property taxes over taxes paid in the first year of this Lease, levied
or assessed against the land and the building in which the leased premises are situated.
Real property taxes for any fractional portion of a fiscal year included in the lease shall
be prorated on the basis of a 360-day year.
6.2.2 Each year, Landlord shall notify Tenant of its proportionate share of
the real property taxes payable by Tenant hereunder and Tenant shall pay Landlord the
amount payable by Tenant at the time and in the manner provided for the payment of
rent.
6.23 Tenant's proportionate share of real property taxes, or increases in
such real property taxes, shall be the percentage thereof specified in "Exhibit C" as
Tenant's proportionate share of Building Expense. -
6.2.4 This Lease may create a taxable possessory interest. Tenant shall
pay any possessory interest tax which may be levied as a result of Tenant's possessory
interest in this leasehold. Possessory interest means any interest described in Section
107 of the California Revenue and Taxation Code, or successor statute and includes any
interest described in Section 107.4 of the same Code, or its successor statute. This
section is deemed to comply with Section 107.6 of the same code.
6.3 Taxes Defined; Special Assessments. The term "real property taxes" as used
in this Section shall mean and include all taxes, assessments, and other governmental
charges, general and special, ordinary and extraordinary, of any kind and nature
whatsoever, levied or assessed against all or any part of the building and other
improvements and the land of which the leased premises are a part, including but not
limited to assessment for public improvements, benefits or facilities (including panting
district assessments) which shall be levied or assessed against the land and/or building or
any part thereof, but excluding franchise, estate, inheritance, succession, capital levy,
transfer, income or excess profits tax imposed upon Landlord. If at any time during the
term of this Lease, under the laws of California, or any political subdivision thereof in
which the leased premises are situated, a tax or excise or rents or other tax, however
described, is levied or assessed against Landlord on account of the rent expressly
reserved hereunder, in addition to or as a substitute in whole or in part for taxes
assessed or imposed by California or such political subdivision on land and/or buildings,
such tax or excise shall be included within the definition of "real property taxes," but
only to the extent of the amount thereof which is lawfully assessed or imposed as a
direct result of Landlord's ownership of this Lease or of the rental accruing under this
Lease. With respect to any assessment which may be levied against or upon the
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building, land or improvements of which the leased premises are a part, and which
under the laws then in force may be evidenced by improvement or other bonds, or may
be paid in annual installments, Tenant shall be required to pay each year only the
amount of such annual installment or portion thereof as Landlord shall be required to
pay during such year (with appropriate proration for any partial year) and shall have no
obligation to continue such payments after the termination of this Lease.
7. LANDLORD'S MANAGEMENT OF BUILDING
7.1 Management of Building. Landlord shall have the right, in its sole
discretion, to:
7.1.1 Close the common areas when and to the extent necessary for
maintenance or renovation purposes; and
7.1.2 Make changes to the common areas and parking areas, including
without limitation, changes in the location or nature of driveways, entrances, exits,
parking spaces, or the direction of the flow of traffic; and
7.1.3 To change the plan of the building to the extent necessary for its
expansion, or the remodeling or renovation thereof, so long as the changes do not
substantially interfere with ingress to and egress from or the location of the leased
premises.
7.2 Rules and Regulations. Landlord shall have the right from time to time to
promulgate, amend and enforce against Tenant and all persons upon the leased
premises, reasonable rules and regulations for the safety, care and cleanliness of the
premises and the building or for the preservation of good order, provided, however, that
all such rules and regulations shall apply substantially equally and without discrimination
to all tenants of Landlord in the building, and no such rule or regulation shall require
Tenant to pay additional rent. Tenant agrees to conform to and abide by such rules
and regulations, and a violation of any of them shall constitute a default by Tenant
under this Lease. The rules and regulations in effect on the date this Lease is entered
into, set forth above, are attached hereto as "Exhibit D" and hereby incorporated herein.
8. BUILDING AND COMMON AREA EXPENSES
If so provided in "Exhibit C", Tenant shall pay its proportionate share of the
Landlord's building expense, or increases therein over such costs paid or incurred in the
first year of this Lease, such payments to be made at the time and in the manner
provided for the payment of rent.
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9. USE; LIMITATIONS ON USE
9.1 Tenant's Use of Premises. Tenant agrees that the leased premises shall be
used and occupied only for the purpose specified herein which are:
MIISFIIM, MFFTTNG ROOM ANT) STnRAGF_
and for no other purpose or purposes without Landlord's prior written consent. Tenant
agrees diligently to conduct its business operations in all of the leased premises
continuously during the term hereof during the regular hours and days as are customary
for the type of business in the trade area in which the building is situated. If Tenant is
using the premises for the retail sale of goods or services to the public at large, then
Tenant covenants to keep the leased premises open for business during the days, nights
and hours agreed upon by the majority of the members of any Tenant's Association
established for the building in which the leased premises are situated.
9.2 Limitations on Use. Tenant's use of the leased premises shall be in
accordance with the following requirements:
9.2.1 Insurance Hazards. Tenant shall neither engage in nor permit
others to engage in any activity or conduct that will cause the cancellation of or an
increase in the premium for any fire insurance maintained by Landlord, and will pay any
increase in the fire insurance premiums attributable to Tenant's particular use of the
leased premises. Tenant shall, at Tenant's sole cost, comply with all requirements of
any insurance organization or company pertaining to the use of the premises necessary
for the maintenance of reasonable fire and public liability insurance covering the
building.
9.2.2 Compliance with Law. Tenant shall, at Tenant's sole cost and
expense, comply with all of the requirements, ordinances and statutes of all municipal,
state and federal authorities now in force, or which may hereafter be in force, pertaining
to the leased premises and the use and occupancy thereof by Tenant. The judgment of
any court of competent jurisdiction, or the admission of Tenant in any action or
proceeding against Tenant, whether Landlord be a party thereto or not, that Tenant has
violated any such ordinances or statutes in the use of the premises shall be conclusive of
that fact as between Landlord and Tenant.
9.23 Waste; Nuisance. Tenant shall not commit, or suffer to be
committed, any waste of the leased premises, or any nuisance or other unreasonable
annoyance which may disturb the quiet enjoyment of the owners or occupants of
adjacent areas, buildings or properties.
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10. ALTERATIONS
10.1. Change by Tenant. Any alterations, additions, improvements or changes,
including any remodeling or redecorating, that Tenant may desire to make in, to or
upon the leased premises, shall be made at Tenant's sole cost and expense and in
compliance with all applicable governmental requirements. All such alterations and
improvements shall be made only after first submitting the plans and specifications
therefor to Landlord and obtaining the consent of Landlord thereto in writing. Any
such alterations or improvements shall at once become a part of the leased premises
and, unless Landlord exercises its right to require Tenant to remove any alterations that
Tenant has made to the premises, shall be surrendered to Landlord upon the expiration
or sooner termination of this Lease.
10.2 Mechanics' Liens. Tenant agrees to keep the leased premises and any
improvements thereon at all times free of mechanics' liens and other liens for labor,
services, supplies, equipment or material purchased by or directly or indirectly furnished
to Tenant.
11. UTILITIES
11.1 Except as otherwise exempted in "Exhibit C", Tenant shall make all
arrangements for and shall pay the charges when due for all water, gas and heat, light,
power, telephone service, trash collection and all other services and utilities supplied to
the leased premises during the entire term of this Lease, and shall promptly pay all
connection and termination charges therefor. If utilities are not separately metered for
the leased premises, Tenant shall pay its proportionate share of the costs or the
increased costs incurred by Landlord in causing utility services to be furnished to the
building of which the leased premises are a part at the time and in the manner provided
by "Exhibit C" to this Lease unless "Exhibit C" requires Landlord to furnish such utilities
at the sole cost and expense of Landlord.
11.2 The suspension or interruption in utility services to the leased premises for
reasons beyond the ability of Landlord to control shall not constitute a default by
Landlord or entitle Tenant to any reduction or abatement of rent.
12. TENANT'S PERSONAL PROPERTY
12.1 Installation of Prouerty Landlord shall have no interest in any removable
equipment, furniture or trade fixtures owned by Tenant or installed in or upon the
leased premises solely at the cost and expense of Tenant, other than heating, ventilating
and air conditioning equipment installed in or affixed to the leased premises or the
building in which they are situated. Prior to creating or permitting the creation of any
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Hen or security or reversionary interest in any removal personal property to be placed in
or upon the leased premises, Tenant shall obtain the written agreement of the party
holding such interest to make such repairs necessitated by the removal of such property
and any damage resulting therefrom as may be necessary to restore the leased premises
to good condition and repair, excepting only reasonable wear and tear, in the event said
property is thereafter removed from the leased premises by said party, or by any agent
or representative thereof or purchaser therefrom, pursuant to the exercise or
enforcement of any rights incident to the interest so created, without any cost or
expense to Landlord.
12.2 Removal of Personal Property. Provided that Tenant is not then in default,
at the expiration of this Lease, Tenant shall have the right to remove at its own cost and
expense all removal equipment, furniture or trade fixtures owned by or installed at the
expense of Tenant on the leased premises during the term of this Lease, other than any
heating, ventilating or air conditioning equipment installed by Tenant. All such
personal property shall be removed prior to the close of business on the last day of the
lease term, and Tenant shall make such repairs necessitated by the removal of said
property and any damage resulting therefrom as may be necessary to restore the leased
premises to good condition and repair, excepting only reasonable wear and tear. Any
such property not so removed shall be deemed to have been abandoned or, at the
option of Landlord, shall be removed and placed in storage for the account and at the
cost and expense of Tenant.
13. CARE AND MAINTENANCE
13.1 Landlord's Maintenance. Except as otherwise provided in this Lease,
Landlord agrees to maintain in good condition and repair, at the sole cost and expense
of Landlord, (1) the structural components of the building and improvements in which
the leased premises are located, which structural components are limited to the
foundations, bearing and exterior walls (and any plumbing or wiring encased therein),
subflooring and roof; and (2) common areas and the exterior of the leased premises;
and (3) any heating, ventilating and air conditioning systems furnished by Landlord to
the leased premises. If "Exhibit C" so provides, Tenant shall pay its proportionate share
of Landlord's maintenance expense, or increased maintenance expense over the costs
thereof in the first year of this Lease specified in "Exhibit C", in accordance with the
provisions of "Exhibit C."
13.2. Tenant's Maintenance.
13.2.1 Except as otherwise provided in this Lease, Tenant at its own cost
and expense, agrees:
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A. To maintain throughout the lease term in good and sanitary
order, condition, and repair, all portions of the leased premises, including, without
limitation, (a) the interior of the leased premises, including flooring, exposed plumbing
and wiring, paint and finish; (b) any windows or skylights; (c) the storefront; (d) any
personal property of Tenant situated in or upon the leased premises; and (e) any
heating, ventilating or air conditioning equipment installed by Tenant in or upon the
leased premises.
B. To notify Landlord promptly of any damage to the leased
premises or the building in which they are situated resulting from or attributable to the
acts or omissions of Tenant, its invitees or its authorized representatives, and thereafter
promptly to repair all such damage at Tenant's sole cost and expense.
C. To keep any storefront and any parking area adjacent thereto
clean and neat at all times, and to remove immediately therefrom any litter, debris or
other unsightly or offensive matter placed or deposited thereon by the agents or
customers of Tenants.
D. To provide janitorial services for the interior of the leased
premises unless otherwise provided in "Exhibit C."
13.2.2 Tenant waives the provisions of Section 1941 and 1942 of the
California Civil Code with respect to Tenant's right to make repairs and to deduct the
expenses thereof from the rent payable by Tenant.
133 ,janitorial Service. Landlord shall provide janitorial and trash collection
services to the common areas and to the exterior of the building, and, if so provided in
"Exhibit C", to the interior of the leased premises. Tenant shall pay its proportionate
share of the costs or increased costs incurred by Landlord in furnishing such services
unless this Lease requires Landlord to furnish such services at its sole cost and expense.
14. INDEMNITY AND INSURANCE
14.1 Indemnification Agreement. This Lease is made upon the express condition
that Landlord is to be free from all liability and claims for damages by reason of any
injury to any person and damage to any property (including Tenant's), resulting from
any cause whatsoever while, in, upon, about, or in any way connected with the leased
premises are located during the term of this Lease, including without limitation, damage
or injury caused by the elements or from breakage, leakage, obstruction or other defects
of pipes, sprinklers, wires, plumbing, air conditioning, or other electrical or mechanical
fixtures or equipment, excluding only any damage or injury caused by the breach by
Landlord of a duty imposed by law or under this Lease. Tenant hereby waives all
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claims against Landlord for, and agrees to indemnify and hold Landlord harmless from
any liability, damage, loss, cost or expense, including attorneys fees, for any injury or
damage to persons or property resulting from or attributable to the fault or neglect of
Tenant.
14.02 Public Liability and Property Damage.
14.2.1 Insurance Coverage. Tenant agrees to maintain in force
throughout the term hereof, at Tenant's sole cost and expense, such insurance, including
liability insurance against any liability to the public incident to the use of or resulting
from any accident occurring in or about the leased premises, of the types and initially
with the limits of liability specified in the Basic Provisions. Such policies shall insure
the contingent liability of Landlord and the performance by Tenant of its indemnity
obligations under this Lease. Landlord shall be named as an additional insured in each
policy, and each policy shall contain cross-liability endorsements. The initial amount of
coverage shall be $ 500.000.00 . Insurance coverage shall also be
provided for property damage in the amount of $50,000.00.
14.2.2 Adjustment to Coverage. Tenant further agrees to review the
amount of its insurance coverage with Landlord every three (3) years to the end that the
protection coverage afforded thereby shall be in proportion to the protection coverage
afforded at the commencement of this Lease. ff the parties are unable to agree upon
the amount of said coverage prior to the expiration of each such three (3) year period,
then the amount of coverage to be provided by Tenant's carrier shall be adjusted to the
amounts of coverage recommended in writing by an insurance broker selected by
Landlord.
14.3 Tenant's Property Insurance. Tenant at its own cost shall maintain on all
of its personal property and removal fixtures and equipment situated in, on or about the
leased premises a policy of standard fire and extended coverage insurance, with
vandalism and malicious mischief endorsements, in an amount not less than the fair
market value of such property. The proceeds of any such policy that become payable
due to damage, loss or destruction of such property shall be used by Tenant for the
repair or replacement thereof.
14.4 Proof of Insurance. Each policy of insurance required of Tenant by this
Lease shall be a primary policy, issued by an insurance company reasonably satisfactory
to Landlord, and shall contain an endorsement requiring thirty (30) days written notice
from the insurer to Landlord before cancellation or changes in the nature, scope or
amount of coverage. Each policy, or a certificate of the policy, together with evidence
of the payment of premiums, shall be deposited with Landlord at the commencement of
the initial term of this Lease, and at the commencement of any renewal term.
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14.5 Landlord's Insurance.
14.5.1 Landlord shall maintain a program of insurance on the building in
which the leased premises are situated, insuring against loss by fire and the perils
covered by an extended coverage endorsement, and public liability insurance insuring
against personal injury and property damage, in the amounts not less than the fair
market value of the building.
14.5.2 If "Exhibit C' provides, Tenant shall pay its proportionate share of
premiums for all such insurance, or all increases in such premiums over the premiums
paid for such insurance for the Base Year specified in the Basic Provisions. Landlord
shall notify Tenant of Tenant's proportionate share of the insurance premiums payable
by Tenant hereunder each year, and Tenant shall pay Landlord the amount payable by
Tenant at the time and in the manner provided by "Exhibit C."
15. DAMAGE OR DESTRUCTION
15.1 Landlord to Repair. Should the leased premises or the building and other
improvements in which the premises are situated be totally or partially damages or
destroyed, Landlord shall promptly repair the same, except that Landlord shall have the
option to terminate this Lease if (a) the leased premises or the building and
improvements in which the premises are situated cannot reasonably be expected to be
restored under existing taw to substantially the same condition as existed prior to such
damage or destruction within ninety (90) days from the date that the insurance proceeds
become available to Landlord; or (b) if the costs of such restoration would exceed one-
half (1/2) of the full insured value of the building and other improvements in which the
leased premises are situated; or (c) if the damage or destruction results from a casualty
not customarily insured against by a policy of standard fire and extended coverage
insurance having vandalism and malicious mischief endorsements. Any notice of
termination given hereunder shall be given to Tenant within fifteen (15) days after
Landlord determines the period of time required for and the estimated costs of such
repair or restoration.
15.2 Termination; Abatement of Rent.
15.2.1 This Lease shall not be terminated by any damage to or destruction
of the leased premises or the building and other improvements of which the premises
are a part unless notice of termination is given by Landlord to Tenant, or by Tenant to
Landlord as provided by this Section 14, and Tenant hereby waives the provisions of
Sections 1932(2) and 1933(4) of the California Civil Code with respect to any such
damage or destruction.
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15.2.2 Should the leased premises be damaged or destroyed at any time
during the term of this Lease, there shall be an abatement or reduction of the minimum
monthly rent between the date of destruction and the date of completion of restoration,
based on the extent to which the destruction interferes with Tenant's use of the leased
premises. In the event that any repairs or restoration of the leased premises permitted
or required by Landlord are of such a nature that they cannot reasonably be expected to
be substantially completed within 270 days from the date any insurance proceeds first
become available to Landlord, then Tenant shall have the right to terminate this Lease
by giving notice of termination to Landlord, specifying the effective date thereof, within
ten (10) days after the period required to restore the premises has been determined.
15.2.3 Should then-applicable laws or zoning ordinances preclude the
restoration or replacement of the leased premises in the manner hereinbefore provided,
then Landlord shall have the right to terminate this Lease immediately by giving written
notice of termination to Tenant.
16. CONDEMNATION
16.1 Entire Premises. Should title or possession of the whole of the leased
premises be taken by duly constituted authority in condemnation proceedings under the
exercise of the right of eminent domain, or should a partial taking render the remaining
portion of the leased premises wholly unsusceptible for occupation, then this lease shall
terminate upon the vesting of title or taking of possession.
16.2 Partial Taking.
16.2.1 Landlord shall have the right to terminate this Lease by giving
thirty (30) days prior written notice to Tenant within thirty (30) days after the nature
and extent of the taking is finally determined if any portion of the leased premises or
the building and other improvements in which the premises are situated is taken by
eminent domain. If Landlord does not terminate this Lease as provided herein, then
this Lease shall remain in full force and effect. In such event, Landlord shall promptly
make any necessary repairs or restoration at the cost and expense of Landlord, and the
minimum monthly rent from and after the date of the taking shall be reduced in the
proportion that the value of the area of the portion of the leased premises taken bears
to the total value of the leased premises immediately prior to the date of such taking or
conveyance.
16.2.2 Tenant waives the provisions of Section 1265.130 of the California
Code of Civil Procedure permitting a petition by Tenant to the Superior Court to
terminate this Lease in the event of a partial taking of the leased premises.
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16.3 Transfer Under Threat of Condemnation: Any sale or conveyance by
Landlord to any person or entity having the power of eminent domain, either under
threat of condemnation or while condemnation proceedings are pending, shall be
deemed to be a taking by eminent domain under this Section 16.
16.04 Awards and Damages. All payments made on account of any taking by
eminent domain shall be made to Landlord, except that Tenant shall be entitled to any
award made (a) for the reasonable removal and relocation costs of any removable
property that Tenant has the right to remove, or for loss and damage to any such
property that Tenant elects or is required not to remove; and (b) for Tenant's loss of
goodwill.
16.5 Arbitration. Any dispute concerning the extent to which a taking by
condemnation renders the leased premises unsuitable for continued occupancy and use
by Tenant shall be submitted to arbitration in accordance with the then-existing rules of
the American Arbitration Association, or other mutually agreed procedure.
17. ASSIGNING. SUBLETTING AND HYPOTHECATING
17.1 Voluntary Transfers. Tenant shall not sell, transfer or assign this Lease or
any part thereof, or interest therein, or hypothecate or grant any rights hereunder, or
create or permit any subleases for the leased premises.
17.2 Organizational Changes. If Tenant is a corporation, any dissolution,
merger, consolidation or reorganization of Tenant, or the sale or transfer of more than
fifty percent (50%) of the outstanding voting stock of the corporation otherwise than
through transactions effected on a national stock exchange, or the sale or transfer in
one (1) or a series of related transactions of more than fifty percent (50%) of the value
of the assets of Tenant, shall be deemed an assignment subject to the provisions of this
Section 17. If Tenant is a partnership, a withdrawal or change, voluntary or involuntary,
or by operation of law, of the partner or partners owning more than fifty percent (50%)
of the partnership, or the dissolution of the partnership, shall be deemed an assignment
subject to the provisions of this Section 17.
18. TENANT'S ASSOCIATION
Tenant agrees to join any Tenant's Association that may be formed by Landlord
or by the Tenants of the building in which the leased premises are situated, and, during
the entire term of this Lease, to participate and maintain membership in good standing
therein and to comply with the rules, regulations and by-laws thereof. Tenant further
agrees to pay the minimum dues of any such Association, in the amount approved by
the majority vote of its members.
14
00007 :4
19. DEFAULT BY TENANT, LANDLORD'S REMEDIES
19.1 Insolvency of Tenant If during the term of this Lease (a) the Tenant shall
make an assignment for the benefit of creditors; or (b) a voluntary or involuntary
petition shall be filed by or against the Tenant under the law having for its purpose the
adjudication of the Tenant as bankrupt, or the extension of time of payment,
composition, adjustment, modification, settlement or satisfaction of the liabilities of the
Tenant, or to which any property of the Tenant may be subject and, if the petition be
involuntary, if said petition be granted; or (c) a receiver be appointed for the leased
premises by reason of the insolvency or alleged insolvency of the Tenant and said
receiver is not discharged within ten (10) days, or upon the hearing of a timely filed
petition to dismiss, absolve or otherwise terminate the receivership, whichever shall later
occur, or (d) any department of the state or federal government, or any officer thereof
duly authorized shall take possession of the leased premises and the improvements
thereon by reason of the insolvency of the Tenant and the taking of possession shall be
followed by a legal adjudication of the insolvency, or bankruptcy, or receivership of
Tenant, then upon the occurrence of any such contingency, Landlord shall be entitled to
terminate this Lease for breach thereof by Tenant by giving written notice of
termination and the same shall expire as fully and completely as if the day of such
notice were the date herein specifically fixed for the expiration of the term of this
Lease, and the Tenant will then quit and surrender the leased premises and the
improvements thereon to Landlord, but the Tenant shall remain liable as hereinafter
provided.
19.2 Breach of Covenant; Abandonment, Etc. If during the term of this Lease,
Tenant (a) shall make default in fulfilling any of the covenants or conditions of this
Lease (other than the covenants for the payment of rent or other charges payable by the
Tenant hereunder); or (b) shall abandon the leased premises, then the Landlord may
give the Tenant notice of such default or of the happening of any contingency in this
paragraph referred to, and if at the expiration of ten (10) days after the service of such
notice the default or contingency upon which said notice was based shall continue to
exist, or in the case of a default or contingency which cannot with due diligence be
cured within a period of ten (10) days, if the Tenant fails to proceed promptly after the
service of such notice to prosecute the curing of such default with all due diligency
within a reasonable period of time, the Landlord may terminate this Lease and upon
such termination, the Tenant shall quit and surrender the leased premises and the
improvements thereon to the Landlord, but the Tenant shall remain liable as hereinafter
provided.
19.3 Failure to Pay Rent. Etc. If the Tenant shall make default in the payment
of the rent expressly reserved hereunder, or any part of the same, or shall make default
in the payment of any other rent or charge required to be paid by the Tenant hereunder
or any part of the same, and such default shall continue for three (3) days after notice
15
'�rrr irrw'
thereof by the Landlord, the Landlord may terminate this Lease and upon such
termination, the Tenant shall quit and surrender the leased premises and the
improvements thereon to the Landlord, but the Tenant shall remain liable as hereinafter
provided.
19.4 Termination of Lease. It is understood and agreed that all the covenants
and conditions of this Lease herein contained are covenants by Tenant and that in
default of Tenant's fulfilling any of the same, Landlord may at any time thereafter at
Landlord's option, forfeit this Lease and any holding over thereafter by Tenant shall be
construed to be a tenancy from month to month only, for the same rental payable in the
same manner as provided elsewhere in this Lease. It is further agreed that in the event
of any breach of this Lease by Tenant, then Landlord, besides any other rights or
remedies Landlord may have, shall have the immediate right of re-entry and may
remove all persons and property from the premises.
19.5 Landlord's Damages. If Tenant breaches this Lease and abandons the
premises before the end of the term, or if Tenant's right of possession is terminated by
Landlord because of breach of this Lease pursuant to any of the foregoing provisions of
this section, or otherwise, then in any such case, Landlord may recover from Tenant all
damages suffered by Landlord as a result of Tenant's failure to perform Tenant's
obligations hereunder, including but not restricted to, the worth at the time of the
award (computed in accordance with paragraph (b) of Section 1951.2 of the California
Civil Code) of the amount by which the rent then unpaid hereunder for the balance of
the lease term exceeds the amount of such rental loss for the same period which the
Tenant proves could be reasonably avoided by Landlord. It is further agreed that even
though Tenant has breached this Lease and abandoned the property, the Lease may
continue in effect for so long as Landlord does not terminate the Tenant's right to
possession, and the Landlord may enforce all of the rights and remedies under this
Lease, including the right to recover the rent as it becomes due under the Lease (in
accordance with paragraph (b) of Section 1951.4 of the California Civil Code). Nothing
contained herein shall diminish or take away the right of the Landlord to seek and
obtain such equitable relief against Tenant as may be appropriate.
19.6 Remedies Not Exclusive. The Landlord, in addition to the rights
hereinbefore given in case of Tenant's breach or default, may pursue any other remedy
available to Landlord at law or in equity.
20. POWER OF RECEIVER
Upon a default by Tenant, Landlord shall have the right to obtain the
appointment of a receiver to take possession of the leased premises and/or to collect the
rents or profits derived therefrom, and Tenant irrevocably agrees that any such receiver
may, if it be necessary or convenient in order to collect such rents and profits, conduct
the business then being carried on by Tenant on said premises and that said receiver
16
000073,.x!
(Z1t �..w, _, ,._
may take possession of any personal property belonging to Tenant and used in the
conduct of such business, and may use the same in conducting such business on the
premises without compensation to Tenant for such use. Neither the application for nor
the appointment of such a receiver shall be construed as an election on Landlord's part
to terminate this Lease unless a written notice of such intention is given by Landlord.
21. LANDLORD'S RIGHT TO CURE DEFAULTS
Landlord, at any time after Tenant commits a default in the performance of any
of Tenant's obligations under this Lease, shall be entitled to cure such default, or to
cause such default to be cured, at the sole cost and expense of Tenant. If; by reason of
any default by Tenant, Landlord incurs any expense or pays any sum, or performs nay
act requiring Landlord to incur any expense or pays any sum, or performs any act
requiring Landlord to incur any expense or to pay any sum, including reasonable fees
and expenses paid or incurred by Landlord in order to prepare and post or deliver any
notice permitted or required by the provisions of this Lease or otherwise permitted or
contemplated by law, then the amount so paid or incurred by Landlord shall be
immediately due and payable to Landlord by Tenant as additional rent. Tenant hereby
authorizes Landlord to deduct said sums from any security deposit held by Landlord. If
there is no security deposit, or if Landlord elects not to use any such security deposit,
then such sums shall be paid by Tenant immediately upon demand by Landlord, and
shall bear interest from the date of such demand at the maximum rate permitted by law
until paid in full.
22. WAIVER OF BREACH
Any waiver, express or implied, by any party hereto, of nay breach by any party
of any covenant or provision of this Lease, shall not be, nor be construed to be, a waiver
of any subsequent breach of the same or any other term or provision hereof. The
acceptance by Landlord of delinquent rent shall not constitute a waiver of any other
default and shall constitute only a waiver of timely payment of the amount so received.
23. SUBORDINATION OF LEASE; ESTOPPEL
23.1 Subordination; Estoppel Certificates. Tenant agrees to execute,
acknowledge and deliver to Landlord upon request:
23.1.1 Such documents and instruments as may be necessary to
subordinate this Lease to (a) any mortgages or trust deeds that now exist or may
hereafter be placed upon the premises by Landlord, (b) to any and all advances made or
to be made thereunder, (c) to the interest on all obligations secured thereby, and (d) to
all renewals, modifications, consolidations, replacements and extensions thereof;
provided, however, that in each case the mortgagee or beneficiary named in any such
17
0000'73. V
mortgage or trust deed shall agree in writing that, as long as Tenant performs its
obligations under this Lease, no foreclosure or deed in lieu of foreclosure, or sale under
the encumbrance or other procedures to enforce the rights incident thereto, shall affect
Tenant's rights under this Lease.
23.1.2 An estoppel certificate certifying in effect that this Lease is in full
force and effect, that it has not been amended, that Landlord is not in default
hereunder, that Tenant claims no offsets or other amounts against Landlord, and such
other information as Landlord may reasonably request, other than such exceptions to
such items as may be claimed by Tenant as set forth in said estoppel certificate.
23.2 Failure to Deliver. If Tenant shall fail at any time to execute, acknowledge
and deliver any such estoppel certificate or subordination instrument, then Landlord, in
addition to any other remedies available to its, may execute, acknowledge and deliver
the instrument, then Landlord, in addition to any other remedies available to it, may
execute, acknowledge and deliver the instrument as the attorney-in-fact of Tenant and
in Tenant's name, place and stead, and Tenant hereby irrevocably makes, constitutes
and appoints Landlord, its successors and assigns, such attorney-in-fact for that purpose.
23.3 Attornment. Tenant shall attorn to any purchaser at any foreclosure sale or
to any grantee or transferee designated in any deed given in lieu of foreclosure.
24. SIGNS ADVERTISING
Tenant shall be entitled to place and maintain a sign if legally permitted to
display its trade name at a location on the exterior of the leased premises approved by
Landlord, which sign shall conform to the reasonable requirements of Landlord as to
size and format. In addition, Tenant shall be entitled to display its name and the names
of a reasonable number of its principals in any building directory installed and
maintained by Landlord for the purpose of identifying the identity and location of the
occupants of the building. No other signs, advertisements, notices or other exterior
decoration or personal property of Tenant shall be placed upon or displayed by Tenant
on any part of the building or the windows of the leased premises, or upon or about the
exterior of the leased premises, without the prior written consent of Landlord. All signs,
nameplates or placards shall be approved by the Director of Community Services
prior to installation.
25. LANDLORD'S ENTRY ON PREMISES
25.1 Richt of Entry. Landlord and its authorized representatives shall have the
right to enter the premises at all reasonable times for any of the following purposes:
18
0000'73
25.1.1 To determine whether the premises are in good condition and
whether Tenant is complying with its obligations under this Lease;
25.1.2 To do any necessary maintenance, repairs, restoration or
remodeling to the building or the premises that Landlord has the right or obligation to
perform;
25.1.3 To serve, post, or keep posted any notices required or allowed
under the provisions of this lease, including "for rent" or "for lease" notices during the
last three months of this lease, or during any period while Tenant is in default, and any
notices provided by law for the protection of Landlord's interest in the leased premises;
and
25.1.4 To shore the foundations, footings, and walls of the building and to
erect scaffolding and protective barricades around and about the building, but not so as
to prevent entry to the premises, and to do any other act or thing necessary for the
safety or preservation of the premises and the building if any excavation or other
construction is undertaken or is about to be undertaken on any adjacent property or
area.
25.2 Exercise of Right. Landlord shall exercise its rights under this Section in a
manner that will not interfere unreasonably with Tenant's use and occupancy of the
leased premises; provided that Landlord's entry and activities do not result from
Tenant's default, Tenant shall be entitled to an abatement or reduction of minimum
monthly rent to the extent that Landlord's entry and activities interfere with Tenant's
occupancy of the leased premises. Landlord shall not be liable in any other manner for
any inconvenience, disturbance, loss of business, nuisance, or other damage arising out
of Landlord's entry on the premises as provided herein, except damage resulting from
the acts or omissions of Landlord or its authorized representatives.
26. SALE OR TRANSFER OF PREMISES
If Landlord sells or transfers all or any portion of the premises, or the building,
improvements and land of which the leased premises are a part, then Landlord, on
consummation of the sale or transfer, shall be released from any liability thereafter
accruing under this Lease. If any security deposit or prepaid rent has been paid by
Tenant, Landlord shall transfer the security deposit or prepaid rent to Landlord's
successor and on such transfer Landlord shall be discharged from any further liability
with respect thereto.
27. SURRENDER ON TERMINATION: HOLDING OVER
19
0000'7:..x,2.
27.1 Surrender of Premises. Tenant agrees to return the leased premises
(except removable trade fixtures, furniture and equipment owned or installed by
Tenant), to Landlord at the expiration or sooner termination of the lease term, in good
condition and repair, reasonable wear and tear excepted. Should the Tenant hold the
leased premises with the consent of Landlord after the expiration of the term of this
Lease, then such holding over shall be construed to be only a tenancy from month-to-
month and subject to all of the conditions and agreements herein contained.
27.2 Removal of Alterations. Landlord, by giving written notice to Tenant within
ten (10) days before the expiration or termination of the lease, may elect to require
Tenant to remove any alterations that Tenant has made to the premises, and if
Landlord so elects, Tenant, at its sole cost and expense, shall remove the alterations
specified by Landlord in its notice, and shall made such repairs necessitated by the
removal of said alterations, and any damage resulting therefrom, as may be necessary to
restore the leased premises to good condition and repair, excepting only reasonable
wear and tear, before the last day of the lease term or within thirty (30) days of
Landlord's notice, whichever is later.
28. NOTICES
All notices hereunder shall be in writing and shall be deemed to have been given
upon personal delivery or on the second (2nd) business day following the date on which
sent by mail, postage prepaid, addressed, to the addresses set forth in Section 1.1 and
1.2 above unless changed in writing effective upon written notice to each party to this
Lease.
29. JOINT AND SEVERAL LIABILITY
Each person or entity named as a Tenant in this Lease, or who hereafter
becomes a Party to this Lease as a tenant in the leased premises, or as an assignee of
Tenant, shall be jointly and severally liable for the full and faithfully performance of
each and every covenant and obligation required to be performed by Tenant under the
provisions of this Lease.
30. BINDINGS ON SUCCESSORS. ETC.
Landlord and Tenant agree that each of the terms, conditions, and obligations of
this Lease shall extend to and bind, or inure to the benefit of (as the case may require),
the respective parties hereto, and each and every one of their respective heirs,
executors, administrators, representatives, successors and assigns.
31. ATTORNEYS' FEES
20
000073,
In the event that any legal action is instituted by either of the parties hereto to
enforce or construe any of the terms, conditions or covenants of this Lease, or the
validity thereof, the party prevailing in any such action shall be entitled to recover from
the other party all court costs and a reasonable attorneys' fee to be set by the court, and s
the costs and fees incurred in enforcing any judgment entered therein.
32. PARTIAL INVALIDITY
If any term or provision of this Lease or the application thereof to any person or
circumstance shall, to any extent, be invalid or unenforceable, the remainder of this
Lease or the application of such term or provision to persons or circumstances other
than those to which it is held invalid or unenforceable, shall not be affected thereby,
and each term and provision of this Lease shall be valid and be enforceable to the
fullest extent permitted by law.
33. COMPLETE AGREEMENT
This Lease, and the attachments and exhibits hereto, constitute the entire
agreement between the parties and may not be altered, amended, modified or extended
except by an instrument in writing signed by the parties hereto. The parties respectively
acknowledge and agree that neither has made any representations or warranties to the
other not expressly set forth herein.
IN WITNESS WHEREOF, the parties hereto have executed this Lease on the
date set forth opposite their respective names.
LANDLORD, CITY OF ATASCADFRO
a
Q"
Date: �-
Title MAYOR
ATASCADERO HISTORICAL SOCIETY
Date: - - �l .3 Tenant: f yezt�2� - lc r c -
NORM RUSKOVICH
PRESIDENT
21
00007:1 �'
Lease Agreement [REVISED 7/26/931
City of Atascadero/Atascadero Historical Society
EXHIBIT A
Description of Building: CITY OF ATASCADERO'S CITY ADMINISTRATION BUILDING
Description of leased premises: LOWER ROTUNDA AND THE LIMITED USE OF ROOM
104 AS SCHEDULED AND APPROVED BY THE COMMUNITY SERVICES DIRECTOR.
Address: 6500 PALMA AVENUE
ATASCADERO, CA 93422
Square Feet: NOT APPLICABLE
THE LANDLORD MAY, WITH GOOD CAUSE AND UPON ONE HUNDRED EIGHTY-
THREE (183) DAYS PRIOR WRITTEN NOTICE TO TENANT, CANCEL THE LEASE.
GOOD CAUSE INCLUDES, BUT IS NOT LIMITED TO:
o REPEATED OR UNCORRECTED NON-COMPLIANCE OF THE LEASE
TERMS
o ENVIRONMENTAL CONDITIONS THAT REQUIRE THE USE OF THE
FACILITY FOR OTHER PURPOSES
o THE CITY COUNCIL DECLARES IN A PUBLIC HEARING THAT IT IS
NECESSARY TO USE THE FACILITY FOR OTHER PURPOSES
1
000073, 17
IWO
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Lease Agreement
City of Atascadero/Atascadero Historical Society
EXHIBIT B
Tenancy to begin:
Tenant improvements to be completed by: NOT APPLICABLE
TERM OF LEASE
1 . The term of this lease shall be twenty-five (25) years.
2. The Landlord may, upon one hundred eighty-three (183) days prior written
notice to Tenant, terminate this lease with good cause.
2
000073, ZY
EXHIBIT C
1. Rent Adjustments
(X ) A. Not applicable
( ) B. Increased to the sum of on the day of the
term of the Lease and increased as follows:
2. Proportionate shares:
A. Building Expense/Real Property Taxes
(X) 1. Not applicable.
( ) 2. percent.
B. Insurance
(x ) 1. Not applicable.
( ) 2. percent.
C. Utilities/Services
(X } 1. Not applicable.
( ) 2. Tenant will pay for the following utilities and services, (check boxes,
unchecked boxes are specifically excluded).
( ) A. Electricity ( %}
( ) B. Water ( %)
( ) C. Gas (—%)
( ) D. Base Telephone Charge (—%)
( ) E. Janitorial (—%)
( ) F. Building Maintenance Expense ( %)
( ) G. Trash Collection (—%)
4
EXHIBIT D
BUILDING RULES AND REGULATIONS
The leased premises and the building shall be used and occupied by Tenant and
its agents and invitees in accordance with the following rules and regulations, as they
may be amended from time to time by Landlord:
1. Tenant and its agents and invitees shall not obstruct the sidewalks, common
halls, passageways, driveways, entrances and exists of the building; such facilities shall be
used only for ingress to and egress from the leased premises.
2. All trash and refuse shall be stored in adequate containers and regularly
removed from the premises. No trash or refuse of any kind shall be burned in or about
the leased premises.
3. Tenant shall not alter any lock or install any new or additional lock or bolt on
any door of the premises without Landlord's approval, and shall furnish Landlord with a
duplicate key for any such lock installed with Landlord's approval.
4. Tenant shall not mark, drive nails or screws, or drill into the partitions,
woodwork or plaster in any way deface the premises.
5. All moving of furniture, freight or equipment of any kind shall be done at the
times and in the manner prescribed by Landlord and through entrances prescribed for
such purposes by Landlord. Landlord shall have the right to prescribe the weight, size
and position of all safes and other heavy equipment brought into the building. Safes or
other heavy objects shall be placed upon wooden strips of such thickness as Landlord
determines necessary to properly distribute the weight. All damage done to the building
by moving or maintaining any such safe or other property shall be repaired at Tenant's
cost.
6. Plumbing facilities shall be used only for the purpose for which they were
constructed. Tenant shall pay the expense of any breakage, stoppage, or damage
resulting from the deposit of any foreign substance into the plumbing facilities by
Tenant or its agents or invitees.
7. Upon the request of Landlord, Tenant shall furnish to Landlord a current list
of the names, vehicle descriptions and vehicle license numbers of each of Tenant's
agents or employees who utilize the parking facilities of the building.
8. Landlord shall direct electricians as to the location and method of installation
of telephone and telegraph wires, and no boring or cutting for wires shall be done
5
000073,
f11 L4
t -
without Landlord's consent. The location of telephones, call boxes and other office
equipment affixed to the premises shall be subject to Landlord's approval, which
approval shall not be unreasonably withheld.
9. Tenant, upon termination of its tenancy, shall deliver to Landlord all keys to
offices, rooms and rest room facilities that were furnished to Tenant or that Tenant has
had made. Tenant shall pay Landlord the costs of replacing any lost keys, and, a the
option of Landlord, the costs of changing locks necessitated by the loss or theft of keys
furnished to Tenant.
10. Tenant shall not affix or attach linoleum, tile, carpet or other floor coverings
to the floor of the premises without Landlord's approval.
11. Landlord reserves the right to close and keep locked all entrance and exit
doors of the building at night and on Saturdays, Sundays and legal holidays, for the
adequate protection of the building and the property of its tenants, but shall made
adequate provision for access to the building by Tenant at all such times. If Tenant
uses the premises when the building is closed and locked, Tenant shall assure that the
doors of the premises and the entry doors of the suite are closed and securely locked
before leaving the building. Tenant shall assure that all water faucets or water
apparatus and all electricity have been shut off before Tenant or its agents or invitees
leave the building, so as to prevent waste or damage.
12. Landlord shall use its best efforts to enforce the Building Rules and
Regulations on a uniform basis as to all tenants in the building, but Landlord shall not
be responsible to Tenant or to any persons for the nonobservance or violation of these
rules and regulations by any other tenant or other person. Tenant shall be deemed to
have read these rules and to have agreed to abide by them as a condition to its
occupancy of the leased premises.
leasel
6
/I C
New R
RESOLUTION NO. 28-93
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH
THE ATASCADERO HISTORICAL SOCIETY
FOR
LEASE OF THE CITY ADMINISTRATION BUILDING LOWER ROTUNDA
The City Council of the City of Atascadero, California hereby. resolves as
follows:
1 . The Mayor is hereby authorized to execute an agreement with the
Atascadero Historical Society for lease of the City Administration
Building Lower Rotunda.
2. The City Manager is hereby authorized to make minor corrections or
modifications of a mathematical or clerical nature.
3. The Finance Director is hereby authorized to appropriate funds, if
necessary; release and expend funds; and issue warrants to comply with
the terms of this agreement.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Atascadero held on the 27th day of July, 1993.
ATTEST: CITY OF ATASCADERO
44 By:' _
LEE RABOIN, ity Clerk /MA Y KUDLAC, Mayor
.................. :c;::? 2::: E::' i:':'r?:::i%:iBi:?:•'::':: DATE MMID
Q [ :::. .. ::•. :-;;:;.;::;.::.::.;::.:;:.:::•:.;:;::::::;;:.;:.;:.::.:;.:: 08/30196
:::S��/"'1♦�,® '!i :;::i "Si :: ?•'i' ':ii .::; ::::. i' :.,:: i?p j;i i 'E ::i:. ::". :::::•a[ i
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE I
Atascadero Insurance Agency HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
7070 Morro Rd. #A ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P.O. Box 6042 COMPANIES AFFORDING COVERAGE
Atascadero CA 93423 COMPANY
A Hartford Insurance
INSURED COMPANY
Atascadero Historical Society 8
Harry Smith COMPANY
P. O. Box 1047 C
Atascadero CA 93422
COMPANY
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THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELI)W HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCL' SI NS AND ONDITI NS F SU H P UCIE . LIMITS SH WN MAY HAVE BEEN REDU ED BY PAID M .
CO POLICY EFFECTNE POLICY EXPMTION LIMITS
TYPE OF INSURANCE POLICY NUMBER GATE (MMADD/YY) GATE (MMADD/YY)
A GENERAL LIABILITY 51UUCH18183 06/10/96 06/10/97 GENERAL AGGREGATE $
1,000,000
X COMMERCIAL GENERAL LIABLITY PRODUCTS-COMPlOP AGG s 1,000,000
MADE 0 OCCUR PERSONAL a ADV INJURYCLAM s 1,000,000
EACH OCCURRENCE s 1,000,000
OMGM a CONTRACTORS PROT I 300,000
FIRE DAMAGE(Any one fire) $
MED EXP(Arrf ane person) = 10,000
AUTOMOBLE LIABILITY COMBINED SINGLE LIMIT s
ANY AUTO
ALL OWNED AUTO BODILY INJURY s
(Per per—)SCHEDULED AUTOS
HIRED AUTOS BODILY KURY s
(Per accidero)
NON-OWNED AUTOS
PROPERTY DAMAGE ($
AUTO ONLY-EA ACCIDENT S
GARAGE LIABILITY I
OTHER THAN AUTO ONLY:
ANY AUTO
i
S
EXCESS LIABILITYI EACH OCCURRENCE Is
s
UMBRELLA FORM I AGGREGATE
OTHER THAN UMBRELLA FORM
i i WC STATU- 0TH-
WORKERS COMPENSATION AND
EMPLOYERS'LIABILITY £ROH ACCIDENT
DENT s
THE PROPRIETOR! INCL EL DISEASE-POUCY LIMB s
PARTNERS.EJSCUTIVE EL DISEASE-EA EMPLOYEE is
OFFICERS ARE EXCL
OTHER
DESCIPTION OF oPFRATIONSALOCATIONS/VF]iICLESISPEGIAL ITEMS
Certificate Holder Is also named additional insured.
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SHOULD ANY OF THE ABOVE DESCRIBED POLIOS BE CANCELED BEFORE THE
Ot Atascadero EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR To MAL
City
CityPalma 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.
6500 BUT FAILURE TO MAL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABLITY
Atascadero CA 93422 OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESE?TTATNES.
AUTHORIZED REPRESENTATIVE
S.Jason Cybuiskl.::.;:;.;>:;;:.;:.;;:.;:. ••:.;:: : :::..:_ ...::::::..: :::.
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