HomeMy WebLinkAbout1998-010 Boy Scouts of America ,
AMENDMENT TO LEASE AGREEMENT
(CONTRACT NO. 980 10)
This Amendment to Lease Agreement ("Amendment") is made and entered into
this 14th day of February, 2012 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 Charter organizations
(Sponsors) for Boy Scouts (units/Troops) of America, Non-profit Organizations in
California, hereinafter referred to as "Tenant(s) or Co-Tenants".
1. On August 14th, 2007, the Landlord and Co-Tenants entered into a Lease
Agreement ("Lease") with regard to the premises described in Exhibit "A" to the
Lease.
2. VFW Post 2814 is the sponsor for Boy Scout Troop 226, and hereby
requests to be formally added to the lease. Other Co-Tenants have agreed to the
requested addition.
3. VFW Post 2814 is hereby added as a Co-Tenant to the Lease and the
Landlord and other co-tenants hereby consent to the requested addition.
4. Except as modified by this Amendment, all of the remaining terms of the
Lease shall remain in full force and effect.
IN WITNESS WHERE OF, the parties (Co-Tenants) hereto have executed this
Lease on the date set forth opposite their respective names.
Date: Z By: ✓`J` `'f .
Co-Tenant n (Sponsor) Troop 155 BSA
p
Pat Heckman, Charter Organization Rep.
Knights of Columbus, Atascadero
Date: By:
Co- enant (Sponsor) for Troop 101, BSA
Joseph Gibson, Charter Organization Rep.
Christian Home Educators
i
9
Date: By:
Co-Tenant ponsor) for Troop 226
Terry Seld , Charter Organization Rep.
VFW Post 2814
By:
LANDLORD,
CITY OFATASCADERO
WADE G. MC KINNEY,
City Manager
Attest:
MARCIA MC CLURE TORGERSON, C.M.C.
City Clerk
Approved as to form:
r
BRIAN A. PIERIK
City Attorney
City of Atascadero
EXHIBIT A
DESCRIPTION OF LEASED PREMISES :
A portion of The Basement of the Atascadero Lake Pavilion
Building .
ADDRESS: 9315 Pismo Street
Atascadero, California 93422
SQUARE FEET : 1620 Square Feet
LEASE AGREEMENT WITH CHARTER ORGANIZATIONS 19
OF LOCAL BSA TROOPS FOR THE PAVILION BASEMENT
AMENDMENT TO LEASE AGREEMENT
(CONTRACT NO. 980 10)
This Amendment to Lease Agreement ("Amendment") is made and entered into
this 9th day of August, 2011 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 Charter organizations
(Sponsors) for Boy Scouts (units/Troops) of America, Non-profit Organizations in
California, hereinafter referred to as "Tenant(s) or Co-Tenants".
1. On August 14th, 2006, the Landlord and Co-Tenants entered into a Lease
Agreement ("Lease") with regard to the premises described in Exhibit "A" to the
Lease.
2. Co-Tenant Atascadero Historical Society has requested to be removed as a
Co-Tenant from the Lease and the Landlord and other Co-Tenants have agreed to
the requested removal.
3. Atascadero Historical Society is hereby removed as a Co-Tenant from the
Lease and the Landlord and other co-tenants hereby consent to the requested
removal.
4. Except as modified by this Amendment, all of the remaining terms of the
Lease shall remain in full force and effect.
IN WITNESS WHERE OF, the parties (Co-Tenants) hearto have executed this
Lease on the date set forth opposite their respective names.
Date: L S Zo I Z By: //14 `�Z------
Co-Tenant (Sponsor) for Troop 155, BSA
Pat Heckman, Charter Organization Rep.
Knights of Columbus, Atascadero
M1
Date: By:
Co-T pant (Sponsor) for Troop 101, BSA
Josh Gibson, Charter Organization Rep.
Christian Home Educators
LANDLORD, CITY OF ATASCADERO
By:l�mf
i `
m4a'-
WADE G. MC KINNEY
City Manager
Attest:
�/hAzi '0� ) �
MARCIA MC CLURE TORGERSON, C.M.C.
City Clerk
Approved as to form:
BRIAN A. PIERIK
City Attorney
City of Atascadero
EXHIBIT A
DESCRIPTION OF LEASED PREMISES :
A portion of The Basement of the Atascadero Lake Pavilion
Building .
ADDRESS: 9315 Pismo Street
Atascadero, California 93422
SQUARE FEET : 1620 Square Feet
LEASE AGREEMENT WITH CHARTER ORGANIZATIONS 19
OF LOCAL BSA TROOPS FOR THE PAVILION BASEMENT
City of Atascadero
Contract# 98010
LEASE AGREEMENT
This Lease Agreement is made and entered into this date August 1, 2007.
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 Charter
organizations (Sponsors) for Boy Scouts (units/Troops) of America Non-profit Organizations in
California, hereafter are referred to as"Tenant (s) or Co-tenants".
1. PARTIES
1.1 Landlord
1.1.1 The Landlord is the City of Atascadero, California, whose mailing address
and physical address for notice under the terms of this Agreement as follows:
City of Atascadero
Attn: Director of Community Services
6907 El Camino Real
Atascadero CA 93422
1.2 Tenant
1.2.1 The tenant (s) hereafter shall be referred to as "Co-tenants" of this lease
agreement. The Co-tenants are Chartering Organizations (Sponsors) for select
Boy Scouts (Units/Troops/Posts) of America (BSA), within the Los Padres
BSA Council which are Non-Profit Organizations of Atascadero, California,
whose mailing address's and physical address's for notice under the terms of
this Agreement are as follows:
1.2.1.2 Co-tenant: Atascadero Historical Society
Crew 51, BSA
P.O. Box 1221
Templeton CA 93465
1.2.1.3 Co-tenant: Knights of Columbus (KOC)
Santa Lucia Council #3648
Attention: Troop 155, BSA
P.O. Box 810
Atascadero, CA 93423
1.2.1.4 Co-tenant: Christian Home Educators
Attention: Troop 101, BSA
P.O. Box 1221
Templeton, CA 93465-1221
LEASE AGREEMENT WITH CHARTER ORGANIZATIONS 1
OF LOCAL BSA TROOPS FOR THE PAVILION BASEMENT
City of Atascadero
Contract#98010
2. LEASE PREMISES
2.1 Description of Premises
2.1.1 As used herein, the terms "premises" or "leased premises" shall mean the building and
real property described in "Exhibit A" attached hereto, and which is hereby incorporated
herein. Unless the context otherwise requires, such terms shall include 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.
2.1.2 As long as Tenant is not in default under this Lease, Tenant shall have the non-exclusive
right to use the premise, together with such easements for ingress and egress as are
necessary for Tenant's use and occupancy of the leased premises.
2.2 Parking 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 clients of Tenant or its
members, 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.
3 TERM OF LEASE
The term of this Lease shall begin on August 1, 2007. Subject to extension or sooner termination
as hereinafter provided, this Lease shall continue for the term of ten (10) ey ars.
4 RENTAL
4.1 Minimum Annual Rent
4.1.1 Tenant agrees to pay to Landlord a minimum annual rent of$1.00 during each year of the
term of this Lease. The annual rent shall be due and payable on the January 15tg of each
year. All rents shall be paid in lawful money of the United States at the location
designated in Section 1.1.1 and at such place as Landlord shall designate to Tenant from
time to time in writing.
4.1.2 If so provided in "Exhibit C" attached hereto and which is hereby incorporated herein,
the minimum annual rent shall be adjusted at the times and in the manner specified in
"Exhibit C", and Tenant agrees to pay Landlord the minimum annual rent, as so adjusted,
at the times and in the manner provided by this Lease.
LEASE AGREEMENT WITH CHARTER ORGANIZATIONS 2
OF LOCAL BSA TROOPS FOR THE PAVILION BASEMENT
City of Atascadero
Contract# 98010
Landlord the minimum annual rent, as so adjusted, at the times and in the
manner provided by this Lease.
4.1.3 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 annual rent, which the parties agree is a reasonable
estimate of 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 late charge, shall thereafter bear interest at
the rate of fifteen percent (15%) until paid in full.
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 venture with Tenant, or associated in any other way with
Tenant in the operation of the leased premises, or to subject Landlord 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.
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 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.
6.2.3 This Lease may create a taxable possessory interest. Tenant shall
pay any possessory interest tax which may be levied as a result of
LEASE AGREEMENT WITH CHARTER ORGANIZATIONS 3
OF LOCAL BSA TROOPS FOR THE PAVILION BASEMENT
City of Atascadero
Contract# 98010
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 stature, 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, benefits or facilities (including
parking 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 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 prorating 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 premises when and to the extent necessary for maintenance or
renovation purposes; and
7.1.2 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
LEASE AGREEMENT WITH CHARTER ORGANIZATIONS 4
OF LOCAL BSA TROOPS FOR THE PAVILION BASEMENT
City of Atascadero
Contract#98010
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, 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.
8. USE: LIMITATIONS ON USE
8.1 Tenant's Use of Premises
Tenant agrees that the leased premises shall be used and occupied only for the
purpose specified herein which is: to maintain a meeting location and trainingcenter
for local Boy Scout Troops, 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 regularly and continuously during the term hereof.
8.2 Limitations on Use
Tenant's use of the leased premises shall be in accordance with the following
requirements:
8.2.1 Days and Hours of Tenancy. The Day and Hours of Tenancy will be limited
to :
Monday through Friday 2:30 p.m. to 5:00 p.m.
Monday through Thursday 6:45 p.m. to 10:00 p.m.
Saturdays 7:00 a.m. to 5:00 p.m.
Requests for additional hours of use for the Pavilion Basement
will be subject to availability and will be allowed at no additional cost.
Requests for additional hours must be submitted in advance in writing to the
Department of Community Services.
8.2.2 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.
LEASE AGREEMENT WITH CHARTER ORGANIZATIONS 5
OF LOCAL BSA TROOPS FOR THE PAVILION BASEMENT
City of Atascadero
Contract# 98010
8.2.3 Compliance with Law. Tenant shall, at Tenant's sole cost and
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.
8.2.4 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.
9. ALTERATIONS
9.1 Change by Tenant
9.1.1 Required improvements tenant agrees to pay for all materials and
labor to make improvements to the leased premises described in "Exhibit B"
attached hereto and which is hereby incorporated herein. Tenant also agrees to
secure all appropriate building permits and comply with all relevant state and
local requirements prior to occupancy.
9.1.2 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 expenses and in compliance with all applicable governmental
requirements. All such alterations and improvements shall be made only after
first submitting the plans and specifications therefore 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.
9.2 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.
10. UTILITIES
10.1 Tenant shall make all arrangements for and shall pay a pro-rated portion of the
utilities including gas and electricity supplied to the leased premises during the entire
LEASE AGREEMENT WITH CHARTER ORGANIZATIONS 6
OF LOCAL BSA TROOPS FOR THE PAVILION BASEMENT
City of Atascadero
Contract# 98010
term of this Lease, and shall promptly pay all connection and termination charges
therefore.
10.2 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.
11. TENANT'S PERSONAL PROPERTY
11.1 Installation of Property
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 lien 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 there from 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 there from, pursuant to
the exercise or enforcement of any rights incident to the interest so created, without
any cost or expense to Landlord.
11.2 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 removable 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 there from 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.
12. CARE AND MAINTENANCE
12.1 Landlord's Maintenance
LEASE AGREEMENT WITH CHARTER ORGANIZATIONS 7
OF LOCAL BSA TROOPS FOR THE PAVILION BASEMENT
City of Atascadero
Contract# 98010
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), sub-flooring 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.
12.2 Tenant's Maintenance
12.2.1 Except as otherwise provided in this Lease, Tenant at its own cost and
expense, agrees:
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, lighting lamps 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 provide janitorial services for the interior of the leased premises.
12.2.2 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.
12.2.3. Landlord shall provide janitorial and trash collection services to the common
and exterior areas of leased premises. Tenant shall provide janitorial and
trash collection services to the interior areas of the leased premises.
13. INDEMITY AND INSURANCE
13.1 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
LEASE AGREEMENT WITH CHARTER ORGANIZATIONS 8
OF LOCAL BSA TROOPS FOR THE PAVILION BASEMENT
City of Atascadero
Contract#98010
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 of Landlord of a
duty imposed by law or under this Lease. Tenant hereby waives all 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.
13.2 Public Liability and Property Damage
13.2.1 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 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
$1,000,000.
13.2.2 Adiustment 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. If 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.
13.3 Proof of Insurance
Each policy of insurance required by 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.
13.4 Landlord's Insurance
13.4.1 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.
LEASE AGREEMENT WITH CHARTER ORGANIZATIONS 9
OF LOCAL BSA TROOPS FOR THE PAVILION BASEMENT
City of Atascadero
Contract#98010
14. DAMAGE OR DESTRUCTION
14.1 Landlord to Repair
Should the leased premises or the building and other improvements in which the
premises are situated by totally or partially damaged or destroyed, Landlord shall
promptly repair the same, except that Landlord shall have the option to terminate this
Lease if (a) the leased premises of the building and improvements in which the
premises are situated cannot reasonably be expected to be restored under existing law
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.
14.2 Termination; Abatement of Rent
14.2.1 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.
14.2.2 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.
14.2.3 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 the Lease immediately by giving
written notice of termination to Tenant.
15. ASSIGNING, SUBLETTING AND HYPOTHECATING
15.1 Voluntary Transfers
LEASE AGREEMENT WITH CHARTER ORGANIZATIONS 10
OF LOCAL BSA TROOPS FOR THE PAVILION BASEMENT
City of Atascadero
Contract# 98010
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.
16. DEFAULT BY TENANT; LANLORD'S REMEDIES
16.1 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, 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 field 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 equation 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.
16.2 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 diligence 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.
16.3 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, of shall make default in the payment of nay other
LEASE AGREEMENT WITH CHARTER ORGANIZATIONS 11
OF LOCAL BSA TROOPS FOR THE PAVILION BASEMENT
City of Atascadero
Contract# 98010
rent charge same, and such default shall continue for three (3) days after notice thereof
by the Landlord, the Landlord may terminate this Lease upon such termination, and
Tenant shall quit and surrender the leased premises and the improvements thereon to
the Landlord, but the Tenant shall remain liable as hereinafter provided.
16.4 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.
16.4.1 The Landlord reserves the right to extend this agreement, at the end of ten (10)
years, for an additional ten (10) year term. The Landlord, at its sole discretion,
may elect not to extend the lease agreement at the end of the first ten year term
with or without cause.
16.4.2 If the Landlord elects not to extend the agreement for an additional ten (10) years,
the Landlord shall pay the Executive Committee, Explorer Post 51, BSA
Atascadero Historical Society and Co-Tenants cited in paragraph 1.2,
compensation for the direct costs of materials and equipment to convert the leased
space to public use. Records and receipts shall be required for reimbursement not
to exceed $12,000.00.
16.5 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) 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 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.
LEASE AGREEMENT WITH CHARTER ORGANIZATIONS 12
OF LOCAL BSA TROOPS FOR THE PAVILION BASEMENT
City of Atascadero
Contract#98010
16.6 Remedies Not Exclusive
The Landlord, in addition to the rights hereinbefore given in case of Tenant's breach of
default, may pursue any other remedy available to Landlord at law or in equity.
17. 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
there from, 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 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.
18. 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 any act requiring Landlord to
incur any expense or pays 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.
19. WAIVER OF BREACH
Any waiver, expressed or implied, by any party hereto, of any 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.
20. SIGNS ADVERTISING
Tenant shall be entitled to place and maintain any sign or sings, if legally permitted, at a
location on the exterior of the leased premises. 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.
21. LANDLORD'S ENTRY ON PREMISES
LEASE AGREEMENT WITH CHARTER ORGANIZATIONS 13
OF LOCAL BSA TROOPS FOR THE PAVILION BASEMENT
City of Atascadero
Contract# 98010
21.1 Right of Entry
Landlord and its authorized representatives shall have the right to enter the premises at
all reasonable times with 24 hours notice for any of the following purposes:
21.1.1 To determine whether the premises are in good condition and whether Tenant is
complying with its obligations under this Lease;
21.1.2 To do any necessary maintenance, repairs, restoration or remodeling to the
building or the premises that Landlord has the right or obligation to perform;
21.1.3 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 default, and any
notices provided by law for the protection of Landlord's interest in the leased
premises;
21.1.4 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
area;
21.1.5 To gather information including measurement, prepare floor plans, etc. for the
purpose of performing architectural design work for the remodeling and/or
rehabilitation of the building and premises.
21.2 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, and 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.
22. 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.
LEASE AGREEMENT WITH CHARTER ORGANIZATIONS 14
OF LOCAL BSA TROOPS FOR THE PAVILION BASEMENT
City of Atascadero
Contract# 98010
23. SURRENDER ON TERMINATION, HOLDING OVER
23.1 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.
23.2 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 make
such repairs necessitated by the removal of said alterations, and any damage resulting
there from, 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(3) days of Landlord's notice, whichever is later.
24. NOTICES
All notices hereunder shall be in writing and shall be deemed to have been given upon
personal delivery or on the second (2"d) 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.
25.JOINT AND SEVERAL LIABILITY
Each person or entity names 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 faithful performance of each and every covenant and
obligation required to be performed by Tenant under the provisions of this Lease.
26. BINDING 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.
27. ATTORNEY'S FEES
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
LEASE AGREEMENT WITH CHARTER ORGANIZATIONS 15
OF LOCAL BSA TROOPS FOR THE PAVILION BASEMENT
City of Atascadero
Contract# 98010
party prevailing in any such action shall be entitled to recover from the other party all court
costs and a reasonable attorney's fee to be set by the court, and the costs and fees incurred in
enforcing any judgment entered therein.
28. PARTIAL INVALIDITY
If any term or provisions 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 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.
29. 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.
30. CO-TENANT REPRESENTATION TO LANDLORD
By entering into the Lease agreement, the Co-tenants acknowledge and agree that they will
communicate with the landlord through a representative of the Executive Committee
Explorer Post 51, Atascadero Historical Society.
IN WITNESS WHEREOF, the parties (Co-tenants) hereto have executed this Lease on the
date set forth opposite their respective names.
f
Date: D By: dgo���
nant(Sponsor) for Explorer Post 51,
r. Lon Allan, Charter Organization Rep.
/ Atascadero rical Soc'
Date: ! By:
Co-tenant (Sponsor) for Troop 155, BSA
Dan Davis, Charter Organization Rep.
Knights of Columbus, Atascadero
L_
Date: ql7kl
By: '
Co-te ants (Sponsor) for Troop 101, BSA
William Gibson, Charter Organization
Representative
Christian Home Educators
LEASE AGREEMENT WITH CHARTER ORGANIZATIONS 16
OF LOCAL BSA TROOPS FOR THE PAVILION BASEMENT
City of Atascadero
Contract# 98010
Attest: LANDLORD, CITY OF ATASCADERO
By:
MARCIA TORGERSON GEORGE LUNA
City Clerk Mayor
Approved as to form:
City Attorney
CITY OF ATASCADERO r`
lust Listening—
CSI �; c� (• '� �
LEASE AGREEMENT WITH CHARTER ORGANIZATIONS 17
OF LOCAL BSA TROOPS FOR THE PAVILION BASEMENT
City of Atascadero
Contract# 98010
DESCRIPTION OF LEASED PREMISES:
A portion of the basement of the Atascadero Lake Pavilion building.
ADDRESS: 9315 Pismo Street
Atascadero, California 93422
SQUARE FEET: 1620 Square Feet
EXHIBIT B
LEASE AGREEMENT WITH CHARTER ORGANIZATIONS 18
OF LOCAL BSA TROOPS FOR THE PAVILION BASEMENT
City of Atascadero
Contract# 98010
1. RENT ADJUSTMENTS:
Adjustments to rent will be reviewed on an annual basis. Any adjustments to rent will be
made on JANUARY of each year. Minimum annual rent for the term of this Lease
Agreement shall be $1.00.
2. LATE CHARGE:
Ten percent(10%) of annual rent(see Section 4.1.3).
3. PROPORTIONATE SHARES:
A. Building Expense/Real Property Taxes:
Not applicable.
B. Insurance:
Not applicable.
C. Utilities/Services:
Reasonable cost of electricity, water, gas,building maintenance and trash collection
to be paid to the City by the Co-tenant(s). Cost of telephone and interior janitorial
service to be provided and paid directly by the Co-tenant(s).
EXHIBIT D
LEASE AGREEMENT WITH CHARTER ORGANIZATIONS 19
OF LOCAL BSA TROOPS FOR THE PAVILION BASEMENT
City of Atascadero
Contract# 98010
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 exits 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 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, or 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.
6. Upon request of Landlord,Tenant shall furnish to Landlord a current list of names,
vehicle descriptions and vehicle license numbers of each of Tenant's agents who utilize
the parking facilities of the building.
7. Landlord shall direct electricians as to the location and method of installation of
telephone wires and no boring or cutting for wires shall be done without Landlord's
consent.
The location of telephones and other office equipment affixed to the premises shall be
subject to Landlord's approval, which approval shall not be unreasonably withheld.
8. Tenant, upon termination of its tenancy, shall deliver to Landlord all keys to office space
that were furnished to Tenant or that Tenant has made. Tenant shall pay Landlord the
cost of replacing any lost keys and, at the option of the Landlord, the costs of changing
locks necessitated by the loss or theft of keys furnished to Tenant.
9. Tenant shall not affix to attach linoleum, tile, carpet or other floor coverings to the floor
of the premises without Landlord's approval.
10. 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 make 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
LEASE AGREEMENT WITH CHARTER ORGANIZATIONS 20
OF LOCAL BSA TROOPS FOR THE PAVILION BASEMENT
r
City of Atascadero
Contract# 98010
premises and the entry doors 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.
11. 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.
LEASE AGREEMENT WITH CHARTER ORGANIZATIONS 21
OF LOCAL BSA TROOPS FOR THE PAVILION BASEMENT
City of Atascadero
EXHIBIT A
DESCRIPTION OF LEASED PREMISES :
A portion of The Basement of the Atascadero Lake Pavilion
Building .
ADDRESS: 9315 Pismo Street
Atascadero, California 93422
SQUARE FEET: 1620 Square Feet
LEASE AGREEMENT WITH CHARTER ORGANIZATIONS 19
OF LOCAL BSA TROOPS FOR THE PAVILION BASEMENT
City of Atascadero
Contract #98010
LEASE AGREEMENT
This Lease Agreement is made and entered into this date
— y q g 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 Charter Organizations (Sponsors) for Boy
Scouts (Units/Troops) of America, Non-profit Organizations in
California,. hereafter are referred to as "Tenant (s) or Co-
Tenants" .
1 . PARTIES
1 . 1 Landlord
1 . 1 . 1 The Landlord is the City of Atascadero,
California, whose mailing address and physical address for notice
under the terms of this Agreement as follows :
City of Atascadero
Attn: Director of Community Services
6500 Palma Avenue
Atascadero, California 93422
1 .2 Tenant
1 . 2 . 1 The tenant (s) hereafter shall be referred to
as "Co-tenants" of this lease agreement. The Co-tenants are
Chartering Organizations (Sponsors) for select Boy Scouts
(Units/Troops/Posts) of America (BSA) , within the Los Padres BSA
Council, which are Non-Profit Organizations of Atascadero,
California, whose mailing address ' s and physical address ' s for
notice under the terms of this Agreement are as follows :
1 . 2 . 1 .2 Co-tenant : Atascadero Historical
Society Explorer Post 51,
BSA
P.O. Box 1221
Templeton, CA 93465
1 .2 . 1 . 3 Co-tenant: Knights of Columbus (KOC)
Santa Lucia Council 43648
Attention: Troop 155,
BSA
P.O. Box 810
Atascadero, CA 93423
LEASE AGREEMENT WITH CHARTER ORGANIZATIONS 1
OF LOCAL BSA TROOPS FOR THE PAVILION BASEMENT
. ^►rrr� ter'
City of Atascadero
Contract #98010
1 .2 . 1 . 4 . Co-tenant: Loyal Order of the Moose
Lodge #2067
Attention: Troop 67, BSA
1 . 2 . 1 . 5. Co-tenant: Christian Home Educators
Attention: Troop 101, BSA
P. 0. Box 1221
Templeton CA 93465-1221
2 . LEASE PREMISES
2 . 1 Description of Premises
2 . 1 . 1 As used herein, the terms "premises" or
"leased premises" shall mean the building and real property
described in "Exhibit A" attached hereto, and which is hereby
incorporated herein. Unless the context otherwise requires, such
terms shall include 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.
2 . 1 . 2 As long as Tenant is not in default under
this Lease, Tenant shall have the non-exclusive right to use the
premise, together with such easements for ingress and egress as
are necessary for Tenant ' s use and occupancy of the leased
premises .
2.2 Parking 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 clients of Tenant
or its members, 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.
3. TERM OF LEASE
The term of this Lease shall begin on August 1, 1996 .
Subject to extension or sooner termination as hereinafter
provided, this Lease shall continue for the term of ten (10)
years .
LEASE AGREEMENT WITH CHARTER ORGANIZATIONS 2
OF LOCAL BSA TROOPS FOR THE PAVILION BASEMENT
City of Atascadero
Contract #98010
4 . RENTAL
4 . 1 Minimum Annual Rent
4 . 1 . 1 Tenant agrees to pay to Landlord a minimum
annual rent of $1 . 00 during each year of the term of this Lease.
The annual rent shall be due and payable on the January 15th of
each year. All rents shall be paid in lawful money of the United
States at the location designated in Section 1 . 1 . 1 and at such
place as Landlord shall designate to Tenant from time to time in
writing.
4 . 1 .2 If so provided in, "Exhibit C" attached
hereto and which is hereby incorporated herein, the minimum
annual rent shall be adjusted at the times and in the manner
specified in "Exhibit C", and Tenant agrees to pay Landlord the
minimum annual rent, as so adjusted, at the times and in the
manner provided by this Lease.
4 . 1 . 3 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
annual 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 late charge, shall thereafter bear interest at the
rate of fifteen percent (15%) until paid in, full .
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 in 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 .
LEASE AGREEMENT WITH CHARTER ORGANIZATIONS 3
OF LOCAL BSA TROOPS FOR THE PAVILION BASEMENT
City of Atascadero
Contract #98010
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 .
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.
6.2 . 3 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.
LEASE AGREEMENT WITH CHARTER ORGANIZATIONS
4
OF LOCAL BSA TROOPS FOR THE PAVILION BASEMENT
City of Atascadero
Contract #98010
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 parking 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 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 premises when and to the extent
necessary for maintenance or renovation purposes; and
LEASE AGREEMENT WITH CHARTER ORGANIZATIONS 5
OF LOCAL BSA TROOPS FOR THE PAVILION BASEMENT
City of Atascadero
Contract #98010
7 . 1 .2 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, 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.
B. USE; LIMITATIONS ON USE
8. 1 Tenant's Use of Premises
Tenant agrees that the leased premises shall be used
and occupied only for the purpose specified herein which is : to
maintain a meeting location and training center for local Boy
Scout Troops, 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
regularly and continuously during the term hereof.
8.2 Limitations on Use
Tenant' s use of the leased premises shall be in
accordance with the following requirements :
8 .2 . 1 Days and Hours of Tenancy. The Day and Hours
of Tenancy will be limited to:
Monday through Friday 2 : 30 p.m. to 5: 00 p.m.
Monday through Thursday 6: 45 p.m. to 10 : 00 p.m.
Saturdays 7 : 00 a.m. to 5: 00 p.m.
LEASE AGREEMENT WITH CHARTER ORGANIZATIONS 6
OF LOCAL BSA TROOPS FOR THE PAVILION BASEMENT
City of Atascadero
Contract #98010
Requests for additional hours of use for the Pavilion Basement
will be subject to availability and will be allowed at no
additional cost. Requests for additional hours must be submitted
in advance in writing to the Department of Community Services .
8 .2 .2 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.
8 .2 . 3 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.
8 .2 . 4 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 .
9. ALTERATIONS
9. 1 Change by Tenant
9. 1 . 1 Required improvements tenant agrees to pay for
all materials and labor to make improvements to the leased
premises described in "Exhibit B" attached hereto and which is
hereby incorporated herein. Tenant also agrees to secure all
appropriate building permits and comply with all relevant state
and local requirements prior to occupancy.
LEASE AGREEMENT WITH CHARTER ORGANIZATIONS 7
OF LOCAL BSA TROOPS FOR THE PAVILION BASEMENT
low,'
City of Atascadero
Contract #98010
9 . 1 .2 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.
9.2 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.
10. UTILITIES
10. 1 Tenant shall make all arrangements for and shall pay a
pro-rated portion of the utilities including gas and electricity
supplied to the leasedpremises during the entire term of this
Lease, and shall promptly pay all connection and termination
charges therefor.
10.2 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.
11 . TENANT'S PERSONAL PROPERTY
11 . 1 Installation of Property
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 lien or security or
reversionary interest in any removal personal property to be
placed in or upon the leased premises, Tenant shall obtain the
LEASE AGREEMENT WITH CHARTER ORGANIZATIONS 8
OF LOCAL BSA TROOPS FOR THE PAVILION BASEMENT
,� yrrw
City of Atascadero
Contract #98010
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.
11 .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 removable 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.
12 . CARE AND MAINTENANCE
12 . 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) , sub-flooring 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 .
LEASE AGREEMENT WITH CHARTER ORGANIZATIONS 9
OF LOCAL BSA TROOPS FOR THE PAVILION BASEMENT
City of Atascadero
Contract #98010
12 .2 . Tenant's Maintenance
12 .2 .1 Except as otherwise provided in this Lease,
Tenant at its own cost and expense, agrees :
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, lighting
lamps 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 provide janitorial services for the interior of
the leased premises .
12 .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.
12 .2 . 3 Landlord shall provide janitorial and trash
collection services to the common and exterior areas of leased
premises . Tenant shall provide janitorial and trash collection
services to the interior areas of the leased premises .
13. INDEMNITY AND INSURANCE
13. 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
LEASE AGREEMENT WITH CHARTER ORGANIZATIONS 10
OF LOCAL BSA TROOPS FOR THE PAVILION BASEMENT
-VOW 440W
City of Atascadero
Contract #98010
any damage or injury caused by the breach by Landlord of a duty
imposed by law or under this Lease. Tenant hereby waives all
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 .
13.2 Public Liability and Property Damage
13 .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 $1, 000, 000 .
13 .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.
If 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.
13.3 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.
LEASE AGREEMENT WITH CHARTER ORGANIZATIONS 11
OF LOCAL BSA TROOPS FOR THE PAVILION BASEMENT
City of Atascadero
Contract #98010
13.4 Landlord's Insurance
13 . 4 . 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 . DAMAGE OR DESTRUCTION
14 . 1 Landlord to Repair
Should the leased premises or the building and other
improvements in which the premises are situated be totally or
partially damaged 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 law 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.
14 .2 Termination; Abatement of Rent
14 .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.
LEASE AGREEMENT WITH CHARTER ORGANIZATIONS 12
OF LOCAL BSA TROOPS FOR THE PAVILION BASEMENT
City of Atascadero
Contract #98010
14 .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.
14 .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.
15. ASSIGNING, SUBLETTING AND HYPOTHECATING
15. 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 .
16. DEFAULT BY TENANT; LANDLORD'S REMEDIES
16. 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
LEASE AGREEMENT WITH CHARTER ORGANIZATIONS 13
OF LOCAL BSA TROOPS FOR THE PAVILION BASEMENT
City of Atascadero
Contract #98010
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.
16.2 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 diligence 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.
16.3 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 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.
LEASE AGREEMENT WITH CHARTER ORGANIZATIONS 14
OF LOCAL BSA TROOPS FOR THE PAVILION BASEMENT
irrr'
City of Atascadero
Contract #98010
16.4 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 .
16. 4 . 1 The Landlord reserves the right to extend this
agreement, at the end of ten (10) years, for an additional ten
(10) year term. The landlord, at it ' s sole discretion, may elect
not to extend the lease agreement at the end of the first ten
year term with or without cause.
16. 4 .2 If the Landlord elects not to extend the
agreement for an additional ten (10) years, the Landlord shall
pay the Executive Committee, Explorer Post 51, BSA Atascadero
Historical Society and Co-tenants cited in paragraph 1 .2 . ,
compensation for the direct costs of materials and equipment to
convert the leased space to public use. Records and receipts
shall be required for reimbursement not to exceed $12, 000 . 00 .
16.5 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
LEASE AGREEMENT WITH CHARTER ORGANIZATIONS 13
OF LOCAL BSA TROOPS FOR THE PAVILION BASEMENT
City of Atascadero
Contract #98010
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.
16. 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.
17 . 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 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.
18. 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 any act requiring Landlord to incur any
expense or pays 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 .
19. WAIVER OF BREACH
Any waiver, express or implied, by any party hereto, of any
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
LEASE AGREEMENT WITH CHARTER ORGANIZATIONS 14
OF LOCAL BSA TROOPS FOR THE PAVILION BASEMENT
City of Atascadero
Contract #98010
timely payment of the amount so received.
20. SIGNS ADVERTISING
Tenant shall be entitled to place and maintain any sign or
signs, if legally permitted, at a location on the exterior of the
leased premises . 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 .
21 . LANDLORD'S ENTRY ON PREMISES
21 . 1 Right of Entry
Landlord and its authorized representatives shall have
the right to enter the premises at all reasonable times with 24
hours notice for any of the following purposes :
21 . 1 . 1 To determine whether the premises are in good
condition and whether Tenant is complying with its obligations
under this Lease;
21 . 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;
21 . 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
21 . 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;
21 . 1 . 5 To gather information including measurement,
prepare floor plans, etc. , for the purpose of performing
architectural design work for the remodeling and/or
rehabilitation of the building and premises .
21 .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
LEASE AGREEMENT WITH CHARTER ORGANIZATIONS 15
OF LOCAL BSA TROOPS FOR THE PAVILION BASEMENT
City of Atascadero
Contract #98010
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 .
22 . 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.
23. SURRENDER ON TERMINATION; HOLDING OVER
23. 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.
23.2 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 make 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.
24 . 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,
LEASE AGREEMENT WITH CHARTER ORGANIZATIONS 16
OF LOCAL BSA TROOPS FOR THE PAVILION BASEMENT
14W
City of Atascadero
Contract #98010
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 .
25. 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 faithful performance of
each and every covenant and obligation required to be performed
by Tenant under the provisions of this Lease.
26. BINDING 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 .
27 . ATTORNEYS ' FEES
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 the costs and fees
incurred in enforcing any judgment entered therein.
28. 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.
29. 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
LEASE AGREEMENT WITH CHARTER ORGANIZATIONS 17
OF LOCAL BSA TROOPS FOR THE PAVILION BASEMENT
low
City of Atascadero
Contract #98010
representations or warranties to the other not expressly set
forth herein.
30. CO-TENANT REPRESENTATION TO LANDLORD
By entering into the lease agreement, the Co-tenants
acknowledge and agree that they will communicate with the
landlord through a representative of the Executive Committee
Explore Post 51, Atascadero Historical Society.
IN WITNESS WHEREOF, the parties (Co-tenants) hereto have
executed this Lease on the date s or h po " t their
respective names .
Date: - � �i By: �`
Cot a ( onsor) for Explore Post 51,
Mr. Lon Allan, Charter Organization Rep.
Atascade Historical Society
Date: By;
Co-tenan (Spons(5r) for Troop 155, BSA
Dan Davis, Charter Organization Rep.
Knights of Columbus, Atascadero
ti
Date: 3By�arter
y-s-�,
Coant (Sponsor) for Troop 67, BSA
Organization Representative
Loyal Order of the Mogse, Lodge #2067
Date: By:
Co-tenan s Spo or) for Troop 101, BSA
William Gibson, Charter Organization
Representative
Christian Home Educators
Attest: LANDLORD, CITY OF AT
CADRO
( P ' W By:
MARCIA TORGERS N OLD L EN,/III,
City Clerk Mayor
Approved as to form:
l
ROY LEY,
Cit ttorney
LEASE AGREEMENT WITH CHARTER ORGANIZATIONS 18
OF LOCAL BSA TROOPS FOR THE PAVILION BASEMENT
City of Atascadero
Contract #98010
EXHIBIT A
DESCRIPTION OF LEASED PREMISES :
A portion of The Basement of the Atascadero Lake Pavilion
Building.
ADDRESS : 9315 Pismo Street
Atascadero, California 93422
SQUARE FEET : 1620 Square Feet
LEASE AGREEMENT WITH CHARTER ORGANIZATIONS 19
OF LOCAL BSA TROOPS FOR THE PAVILION BASEMENT
City of Atascadero
Contract #98010
EXHIBIT B
Tenancy to begin: August 1, 1996
Tenant improvements to be completed by: on or about October 1,
1996.
Tenant improvements to include:
Flooring: 1, 620 sq. ft . of carpet
Ceiling: 1, 620 sq. ft . acoustic ceiling installed
Fire Sprinkler modification
Insulation
Divider Wall : Materials including drywall and 2x4 ' s
Electrical : Additional wall outlet
Lighting: Minimum of eight (8) suspended fluorescent
lighting fixtures installation by
electrician
Heating/Air
Conditioning: Design, purchase, and installation of
heating and air conditioning units
Storage
Cabinets : Lockable closet style
Architectural
Drawings : Complete set of drawings per Permit
requirements
Room Partition: Sliding panels to divide room for meetings .
LEASE AGREEMENT WITH CHARTER ORGANIZATIONS 20
OF LOCAL BSA TROOPS FOR THE PAVILION BASEMENT
City of Atascadero
Contract #98010
EXHIBIT "C"
1 . RENT ADJUSTMENTS :
Adjustments to rent will be reviewed on an annual basis .
Any adjustments to rent will be made on JANUARY of each
year. Minimum annual rent for the term of this Lease
Agreement shall be $1 .00.
2 . LATE CHARGE:
Ten percent (10%) of annual rent (see Section 4 . 1 . 3) .
3 . PROPORTIONATE SHARES:
A. Building Expense/Real Property Taxes :
Not applicable.
B. Insurance:
Not applicable.
C. Utilities/Services .
Reasonable cost of electricity, water, gas, building
maintenance and trash collection to be paid to the City
by the Co-tenant (s) . Cost of telephone and interior
janitorial service to be provided and paid directly by
the Co-tenant (s) .
LEASE AGREEMENT WITH CHARTER ORGANIZATIONS 21
OF LOCAL BSA TROOPS FOR THE PAVILION BASEMENT
City of Atascadero
Contract #98010
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 exits 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, or 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.
6. Upon 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 who utilize the
parking facilities of the building.
7 . Landlord shall direct electricians as to the location and
method of installation of telephone wires and no boring or
cutting for wires shall be done without Landlord' s consent .
The location of telephones and other office equipment
affixed to the premises shall be subject to Landlord' s
approval, which approval shall not be unreasonably withheld.
LEASE AGREEMENT WITH CHARTER ORGANIZATIONS 22
OF LOCAL BSA TROOPS FOR THE PAVILION BASEMENT
City of Atascadero
Contract #98010
8 . Tenant, upon termination of its tenancy, shall deliver to
Landlord all keys to office space that were furnished to
Tenant or that Tenant has had made . Tenant shall pay
Landlord the cost of replacing any lost keys and, at the
option of the Landlord, the costs of changing locks
necessitated by the loss or theft of keys furnished to
Tenant.
9. Tenant shall not affix or attach linoleum, tile, carpet or
other floor coverings to the floor of the premises without
Landlord' s approval .
10 . 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 make 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 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.
11 . 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 .
C:\GEOFF\BOYSCOUTS LEASE
LEASE AGREEMENT WITH CHARTER ORGANIZATIONS 23
OF LOCAL BSA TROOPS FOR THE PAVILION BASEMENT