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HomeMy WebLinkAboutAGMT - Bancap Commercial Real Estate (Suite 130) LEASE AGREEMENT This lease made this 26 day of September, 2002, by and between the CITY OF SEAL BEACH, a municipal corporation (hereinafter referred to as "Lessor "), and Retha Evans (hereinafter referred to as "Lessee "). WHEREAS, the City is the owner of that certain property within the City of Seal Beach commonly referred to as 201 Eighth Street and now referenced as the Old City Hall building; and WHEREAS, Lessor and Lessee desire to enter into a lease agreement for use of building tenant space, known as Suite 130 representing 591 square feet; and WHEREAS, said building tenant space will be used as a site for Professional Development Courses, Inc., and NOW, THEREFORE, in consideration of their mutual covenants and conditions, the parties hereto agree as follows: 1. Lessor hereby leases to Lessee and Lessee leases form Lessor that certain land space in the City of Seal Beach, County of Orange as shown in Exhibit "A" attached hereto, and referenced as 201 Eighth Street, Suite 130 (The Leased Premises). 2. The term of this lease shall be for a period of three (3) years commencing upon October 1, 2002 and expiring on September 30, 2005. 3. Lessee shall pay minimum rent to Lessor for the rights granted hereunder the sum of $1,200 per month commencing upon occupancy. Minimum rent shall increase to $1,250 per month in Year 2 and $1,300 in Year 3. 4. Lessee shall deposit, with Lessor the sum of $1,000 representing a security deposit. 5. The tenant space shall be used only for the activities and business conducted by Professional Development Courses, Inc. In the event said tenant space is used for any other purpose or use, Lessor, at its option, may terminate this lease and take possession of the tenant space without further notice to Lessee. 6. This lease is a full service gross lease with the Lessor paying all operating costs of the building other than janitorial and possessory interest taxes. 7. Lessee shall not damage building or make any alterations, changes or additions in or to said building, without the written consent of the Lessor first being obtained. No signs shall be placed on the interior or exterior of said building unless the written approval of the Lessor is first obtained. Bookshelves may be attached to wall and carpet can be replaced by Lessee. 8. Lessee shall pay Lessor a late charge of 10% for all rents not paid by the 10 of the month. 9. Lessee shall maintain said tenant space in a good, safe, neat and sanitary condition to the satisfaction' of the Lessor and shall contribute to maintaining the common areas of the said building in good condition and repair. 10. Lessee shall be entitled to one assigned parking space behind the building for the duration of the lease. 11. During the term of the lease, Lessee shall procure and keep in force general liability insurance in the aggregate amount of $1,000,000 written by a reliable insurance company authorized to do business in the State of California. Said policy shall provide that the Lessor is named as an insured and that Lessor shall be furnished a certificate of such insurance and shall be notified at lease thirty days prior to cancellation of said policy. 12. Lessor agrees to repaint the entire suite at its sole cost and expense. 13. During the term of this lease, Lessee shall procure and keep in force a policy insuring loss or damage to all of Lessee's personal property, fixtures, equipment, utility installations and tenant improvements in, on, or about the premises and proceeds from such insurance shall be used by Lessee for the replacement of personal property and the restoration of fixtures, equipment, utility installations and tenant improvements. 14. If Lessee uses or consumes utilities or services after building hours or in amounts that are appreciably in excess of that which Lessor • reasonably determines are average for tenants, Lessee shall reimburse Lessor upon receipt of demand, for the cost of such excess consumption. 15. Lessee covenants and agrees with Lessor that Lessor shall not be liable for any injuries or damages to person or property from any cause whatsoever by reason of the use, occupation, control or enjoyment of the leased premises by Lessee, or any person invited, suffered or permitted by Lessee to go or be upon said premises; and further Lessee will indemnify and save Lessor harmless from and against any and all liability, penalties, damages, expenses (including attorney fees) and judgments whatsoever on account of such injuries or damages, unless damages are caused by Lessor's negligence or deliberate act. 16. Lessee by operation of law of otherwise shall not sublet, assign or hypothecate its interests in whole or in part in this lease or sublet all or any portion of said leased premises without the prior written consent of the Lessor. 17. In the event of a breach of any terms, covenants or conditions contained herein, Lessor, at its option, may give Lessee a ten -day written notice to correct such breach. And in the event Lessee fails to correct such breach within said thirty day period, Lessor without further notice or process of law may declare this lease terminated and all of Lessee's rights hereunder terminated. And thereupon all or Lessee's rights and interests in said leased premises immediately shall vest to Lessor. • 18. Lessee warrants and represents that Lessee has not dealt with any real estate broker or agent in connection with this lease or the negotiation hereof, except Bancap Commercial Real Estate Services. Any commission associated with this lease shall be paid by Lessor. 19. Provided that Lessee performs all its obligations hereunder, Lessee shall have the peaceful and quiet enjoyment of the leased premises during the term of this lease, subject to all of the terms and conditions contained herein. IN WITNE WHEREOF tale parties ereto have caused this lease to be • executed this day of , 2002. LESSOR LESSEE CITY OF SEAL BEACH Retha Evans By: �, �,, By: Li Mayor Retha Evans ATTEST: 4111" By: r.1i . ___f / —d! ` J � ty Clerk APPROVED AS TO FORM: By: City Attorney