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HomeMy WebLinkAbout1996-016 Boy Scouts of America Contract No. 96016 LEASE AGREEMENT Id Iq b This Lease Agreement is made and entered into this date y 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 (tensors) 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: KIQO-Pure Gold-Oldies 104 FM Attention: Troop 104, BSA P.O. Box 6028 Atascadero, CA 03423 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. 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. 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. 2 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. 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. 3 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. 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 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. 4 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. 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 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. 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. 5 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. 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. 6 10. UTILITIES 10.1 Tenant shall make all arrangements for and shall pay metered amount or a pro- rated portion of the utilities including gas and electricity supplied to the leased premises 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 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. 7 INOW 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. 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. 8 wrrr 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 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. 9 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. 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. 10 +gin+ 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. 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. 11 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 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, 12 '.rre 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. 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 Los Padres Boy Scouts' Council 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 13 which the Tenant proves could be reasonably avoided by Landlord. It is further agreed that even though Tenant has breached this Lease and abandoned the property, the Lease may continue in effect for so long as Landlord does not terminate the Tenant's right to possession, and the Landlord may enforce all of the rights and remedies under this Lease, including the right to recover the rent as it becomes due under the Lease (in accordance with paragraph (b) of Section 1951.4 of the California Civil Code). Nothing contained herein shall diminish or take away the right of the Landlord to seek and obtain such equitable relief against Tenant as may be appropriate. 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 14 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 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 EntrX 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. 15 wrr• *Awo 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, 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. 16 N„w 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, 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 17 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 Los Padres Council, Boy Scouts of America. IN WITNESS WHEREOF, the parties (Co-tenants) hereto have executed this Lease on the date set forth opposite their respective names. Date: y. Co-tenant (Spon r) for Troop 104, BSA Mrs. Virginia Brill, Charter Organization Rep. KIQO - Id Oldies 104 . tascadero Date: -� By: tf1 -co-tenant (Sponsor) for Troop 155, BSA Thomas Parks, Charter Organization Rep. Knights of Columbus, Atascadero Atte LANDLORD, CITY OF ATASCADERO By: /6 LEE PRICE GE16RGE P. I JMHLAND, City Clerk Mayor Approved as to form: —w6t 2 �-A6'=— AR HER R. NTA ON, City Attorney 18 `440, 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 19 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. 20 y,r+ *40* 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). 21 1400 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. 22 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:\CNTRCrS\BOYSCTS.LEA 23 WSW RESOLUTION NUMBER 58-96 f RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH CO-TENANTS: KIQO-PURE GOLD-OLDIES 104 FM AND KNIGHTS OF COLUMBUS FOR LEASE OF THE ATASCADERO LAKE PAVILION BASEMENT The City Council of the City of Atascadero, California, hereby resolves as follows: 1. The Mayor is hereby authorized to execute an agreement with the Co-tenants KIQO Pure Gold-Oldies 104 FM and Knights of Columbus (KOC) for lease of the Atascadero Lake Pavilion. 2 . The City Manager is hereby authorized to make minor corrections or modifications of a mathematical clerical nature. 3 . The Finance Director is hereby authorized to appropriate funds, if necessary; release and expend funds; and issue warrants to comply with the terms of this agreement. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Atascadero, held on the _9th_ of _July_, 1996 . i ATTESS :+ CITY OF ATASCADERO r LTE PRICE, city Clerk GEORGE` P. HIGHLAND, Mayor APPROVED AS TO FORM: HE R. M NTAN N, City Attorney