Resolution 12738CITY OF ALAMEDA RESOLUTION NO. 12738
APPROVING EXECUTION OF SUB-LEASE BETWEEN CITY
OF ALAMEDA AND THE WEST ALAMEDA BUSINESS
ASSOCIATION PERTAINING TO 1701 WEBSTER STREET
WHEREAS, on December 20, 1994, the City Council
recommended continuing lease negotiations for the creation of a
West End Annex at 1701 Webster Street; and
WHEREAS, on May 16, 1995, the City Council adopted
Ordinance No 2693, approving and authorizing the execution of a
lease ("Master Lease") between the City of Alameda and Bernita
Leskowsi for real property located at 1701 Webster Street; and
WHEREAS, the West Alameda Business Association desires to
occupy one enclosed office and to use the conference room and other
support facilities located at 1701 Webster Street; and.
WHEREAS, the West Alameda Business Association will pay
$138.50 per month in pro-rata rent for use of a portion of the West
End Annex located at 1701 Webster Street, and
WHEREAS, the rent for the use of the West End Annex will
be applied to the rent charges under the master lease.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Alameda hereby approves execution of a sub-lease
(attached hereto as Exhibit A) between the City of Alameda and the
West Alameda Business Association pertaining to 1701 Webster
Street.
BE IT FURTHER RESOLVED that the funds will be applied to
the rent charges under the master lease.
COMMERCIAL LEASE AND DEPOSIT RECEIPT
RECEIVED FROM West Alameda Business Association , hereinafter referred to as Sub - Lessee, the sum
of 5415.50 , as a deposit which, upon acceptance of this lease, shall belong
to the City of Alameda, hereinafter referred to as Lessee, and shall be applied as follows:
TOTAL RECEIVED
Rent for the period from December 1, 1995 to February 29. 1996 $415.50 $
Security deposit 50 $
Other 50 $
TOTAL 5415.50 $
In the event that this lease is not accepted by the Lessee within 45 days, the total deposit received shall be refunded.
Sub- Lessee hereby offers to lease from Lessee the premises situated in the City of Alameda , County of _
Alameda , State of California , described as 1701 Webster Street, second office and use of restrooms. lunchroom.
and conference room (scheduled in advance)
Upon the following TERMS and CONDITIONS:
1. TERM: The term hereof shall commence on December 1 , 19 95
2. RENT: The total rent shall be $138.50 , payable as follows: Cash to be paid on the first of each
month . All rents shall be paid to Lessee or his /her authorized agent, at the following address:
1701 Webster St.. Alameda, California 94501 , or at such other places as may be designated by
Lessee from time to time. In the event rent is not paid within 5 days after due date, Sub - Lessee
agrees to pay a late charge of $ 5.00 plus interest at 1-1/2% per month on the delinquent amount.
Sub - Lessee further agrees to pay 5 25.00 for each dishonored bank check. The late charge period
is not a grace period, and Lessee is entitled to make written demand for any rent if not paid when due.
Any unpaid balances remaining after termination of occupancy are subject to 1 -1/2% interest per
month or the maximum rate allowed by law.
3. USE: The premises are to be used for the operation of West Alameda Business Association
administrative offices and for no other purpose,
without prior written consent of Lessee.
4. USES PROHIBITED: Sub - Lessee shall not use any portion of the premises for purposes other than
those specified hereinabove, and no use shall be made or permitted to be made upon the premises,
nor acts done, which will increase the existing rate of insurance upon the property, or cause
cancellation of insurance policies covering said property. Sub - Lessee shall not conduct or permit any
sale by auction on the premises.
5. ASSIGNMENT AND SUBLETTING: Sub- Lessee shall not assign this lease or sublet any portion of
the premises.
6. ORDINANCES AND STATUTES: Sub - Lessee shall comply with all statutes, ordinances and
requirements of all municipal, state and federal authorities now in force, or which may hereafter be in
force, pertaining to the premises, occasioned by or affecting the use thereof by Sub - Lessee. The
commencement or pendency of any state or federal court abatement proceeding affecting the use of
the premises shall, at the option of the Lessee, be deemed a breach hereof.
7. MAINTENANCE, REPAIRS, ALTERATIONS: Sub - Lessee acknowledges that the premises are in
good order and repair, unless otherwise indicated herein. Sub - Lessee shall, at his/her own expense
and at all times, maintain the premises in good and safe condition, including plate glass, electrical
wiring, and any other system or equipment upon the premises and shall surrender the same, at
termination hereof, in as good condition as received, normal wear and tear excepted.
8. ENTRY AND INSPECTION: Sub - Lessee shall permit Lessee or Lessee's agents to enter upon the
premises at reasonable times and upon reasonable notice, for the purpose of inspecting the same, and
will permit Lessee at any time within sixty (60) days prior to the expiration of this lease, to place upon
the premises any usual "To Let" or "For Lease" signs, and permit persons desiring to lease the same
to inspect the premises thereafter.
9. INDEMNIFICATION OF LESSEE: Except for Lessee's own negligence, Lessee shall not be liable for
any damage or injury to Sub - Lessee, or any other person, or to any property, occurring on the demised
premises or any part thereof, and Sub - Lessee agrees to hold Lessee harmless from any claims for
damages, no matter how caused.
10. SUB- LESSES'S INSURANCE: Sub - Lessee, at his/her expense, shall maintain general liability
insurance including bodily injury and property damage insuring Sub - Lessee and Lessee with minimum
coverage as fellows: (See Addendum). Sub - Lessee shall provide Lessee with a Certificate of
Coverage showing Lessee as additional covered party. The policy shall require thirty (30) day's written
EXHIBIT A
notice to Lessee prior to cancellation or material change of coverage.
11. LESSEES INSURANCE: Lessee's insurance will not insure Sub - Lessee's personal property or
leasehold improvements.
12. SUBROGATION: To the maximum extent permitted by insurance policies which may be owned by
Lessee or Sub - Lessee, Sub - Lessee and Lessee, for the benefit of each other, waive any and all rights
of subrogation which might otherwise exist.
13. UTILITIES: Sub - Lessee agrees that he /she shall be responsible for the payment on all utilities,
including telephone, and other services delivered to the premises. (See Exhibit I.)
14. SIGNS: Lessee reserves the exclusive right to the roof, side and rear walls of the Premises. Sub -
Lessee shall not construct any projecting sign or awning.
15. ABANDONMENT OF PREMISES: Sub - Lessee shall not vacate or abandon the premises at any time
during the term hereof, and if Sub - Lessee shall abandon or vacate the premises, or be dispossessed
by process of law, or otherwise, any personal property belonging to Sub - Lessee left upon the premises
shall be deemed to be abandoned, at the option of Lessee.
16. CONDEMNATION: If any part of the premises shall be taken or condemned for public use, and a part
thereof remains which is susceptible of occupation hereunder, this lease shall, as to the part taken,
terminate as of the date the condemnor acquires possession, and thereafter Sub - Lessee shall be
required to pay such proportion of the rent for the remaining term as the value of the premises
remaining bears to the total value of the premises at the date of condemnation; provided however, that
Lessee may at his/her option, terminate this lease as of the date the condemnor acquires possession.
In the event that the demised premises are condemned in whole, or that such portion is condemned
that the remainder is not susceptible for use hereunder, this lease shall terminate upon the date upon
which the condemnor acquires possession. All sums which may be payable on account of any
condemnation shall belong to the Lessee, and Sub - Lessee shall not be entitled to any part thereof,
provided however, that Sub - Lessee shall be entitled to retain any amount awarded to him for his /her
trade Fixtures or moving expenses.
17. TRADE FIXTURES: Any and all improvements made to the premises during the term hereof shall
belong to the Lessee, except trade fixtures of the Sub - Lessee. Sub- Lessee may, upon termination
hereof, remove all his trade fixtures, but shall repair or pay for all repairs necessary for damages to the
premises occasioned by removal.
18. DESTRUCTION OF PREMISES: In the event of a partial destruction of the premises during the term
hereof, from any cause, such partial destruciion shall not terminate this lease, except that Sub - Lessee
shall be entitled to a proportionate reduction of rent while such repairs are being made, based upon
the extent to which the making of such repair shall interfere with the business of Sub- Lessee on the
premises. If such repairs cannot be made within said sixty (60) days, Lessee, at his /her option, may
make the same within a reasonable time this lease continuing in effect with the rent proportionately
abated as aforesaid, and in the event that Lessee shall not elect to make such repairs which cannot
be made within sixty (60) days, this lease may be terminated at the option of either party.
In the event the building in which the demised premises may be situated is destroyed to an
extent of not less than one -third of the replacement costs thereof, Lessee may elect to terminate this
lease whether the demised premises be injured or not A total destruction of the building in which the
premises may be situated shall terminate this lease.
19. HAZARDOUS MATERIALS: Sub- Lessee shall not use store, or dispose of any hazardous substances
upon the premises, except use and storage of such substances if they are customarily used in Sub -
Lessee's business, and such use and storage complies with all environmental laws. Hazardous
substances means any hazardous waste, substance or toxic materials regulated under any
environmental laws or regulations applicable to the property.
20. INSOLVENCY: In the event a receiver is appointed to take over the business of Sub- Lessee, or in the
event Sub - Lessee makes a general assignment for the benefit of creditors, or Sub-Lessee takes or
suffers any action under any insolvency or bankruptcy act, the same shall constitute breach of this
lease by Sub - Lessee.
21. REMEDIES OF OWNER ON DEFAULT: In the event of any breach of this lease by Sub- Lessee,
Lessee may, at his/her option, terminate the lease and recover from Sub- Lessee: (a) the worth at the
time of award of the unpaid rent which was earned at the time of termination; (b) the worth at the time
of award of the amount by which the unpaid rent which would have been earned after termination until
the time of the award exceeds the amount of such rental loss that the Sub- Lessee proves could have
been reasonably avoided; (c) the worth at the time of award of the amount by which the unpaid rent
for the balance of the term after the time of award, exceeds the amount of such rental loss that Sub -
Lessee proves could be reasonably, avoided; and (d) any other amount necessary to compensate
Lessee for all detriment proximately caused by Sub - Lessee's failure to perform his /her obligations
under the leaseer which in the ordinary course of things would be likely to result therefrom.
Lessee may, in the alternative, continue this lease in effect, as long as Lessee does not
terminate Sub - Lessee's right to possession, and Lessee may enforce all his/her rights and remedies
under the lease, including the right to recover the rent as it becomes due under the lease. If said
breach of lease continues, Lessee may at any time thereafter, elect to terminate the lease.
Nothing contained herein shall be deemed to limit any other rights or remedies which Lessee
may have
22. SECURITY: The security deposit set forth above, if any, shall secure the performance of the Sub -
Lessee's obligations hereunder. Lessee may but shall not be obligated to apply all or portions of said
deposit on account of Sub- Lessee's obligations hereunder. Any balance remaining upon termination
shall be returned to Sub - Lessee. Sub- Lessee shall not have the right to apply the Security Deposit in
payment of the last month's rent.
23. DEPOSIT REFUNDS: The balance of all deposits shall be refunded within two weeks from date
possession is delivered to Owner or his /her authorized Agent, together with a statement showing any
charges made against such deposits by Owner.
24. WAIVER OF RIGHT TO JURY TRIAL: In the event there shall be a dispute between Lessee and Sub -
Lessee and either party shall file an action against the other party to enforce their rights under this
lease, to interpret the Lease terms, or arising out of their relationship as Sub- Lessee and Lessee, the
parties agree that the matter shall be tried by the court without a jury and each party specifically waives
the right to a jury trial in any such action.
25. ATTORNEY'S FEE AND COSTS: In any action or proceeding involving a dispute between Lessee,
Sub - Lessee and /or Broker, arising out of the execution of this lease, or to collect commissions, or to
enforce the terms and conditions of this lease, or to recover possession of the premises from Sub -
Lessee, the prevailing party shall be entitled to receive from the other party a reasonable attorney's fee,
expert fees, appraisal fees and all other costs incurred in connection with such action or proceedings,
to be determined by the court or arbitrator(s).
26. WAIVER: No failure of Lessee to enforce any term hereof shall be deemed to be a waiver.
27. NOTICES: Any notice which either party may or is required to give, shall be given by mailing the same,
postage prepaid, to Sub - Lessee at the premises, or Lessee at the address shown below, or at such
other places as may be designated by the parties from time to time
28. TIME: Time is of the essence of this lease.
29. HEIRS, ASSIGNS, SUCCESSORS: This lease is binding upon and inures to the benefit of the heirs,
assigns and successors in interest to the parties.
30. COST CF LIVING INCREASE: The rent provided for in paragraph 2 shall be adjusted effective upon
the first day of the month immediately following the expiration 12 months from date of
commencement of the term and upon the expiration of each 12 months thereafter in accordance
with changes in the U.S. Consumer Price` Index for All Urban Consumers (1982 -84 - 100) hereinafter
called the "CPL The monthly rent shall be increased to an amount equal to the monthly rent set forth
in paragraph 2 multiplied by a fraction the numerator of which is the CPI for the second calendar month
immediately preceding the adjustment date and the denominator of which is the CPi for the second
calendar month preceding the commencement of the lease term. Provided, however, in no event shall
the monthly rent be less than the amount set forth in paragraph 2.
31. LESSEE'S LIABILITY: The term "Lessee," as used in this paragraph, shall mean only the owner of
the real property or a Sub - Lessee's interest in a ground lease of the premises. In the event of any
transfer of such title or interest, the Lessee named herein (or the grantor in case of any subsequent
transfers) shall be relieved of all liability related to Lessee's obligations to be performed after such
transfer. Provided, however, that any funds in the hands of Lessee or Grantor at the time of such
transfer shall be delivered to Grantee. Lessee's' obligations hereunder shall be binding upon Lessee's
successors and assigns only during their respective periods of Ownership.
32. ESTOPPEL CERTIFICATE:
(a) Sub- Lessee shall at any time upon not less than ten (10) days prior written notice from
Lessee execute, acknowledge and deliver to Lessee a statement in writing [1] certifying that this Lease
is unmodified and in full force and effect (or, if modified, stating the nature of such modification and
certifying that this Lease, as so modified, is in full force and effect), the amount of any security deposit,
and the date to which the rent and other charges are paid in advance, if any, and [2] acknowledging
that there are not, to Sub- Lessee's knowledge, any uncured defaults on the part of Lessee hereunder,
or specifying such defaults if any are claimed: Any such statement may be conclusively relied upon
by any prospective buyer or encumbrance to the Premises:
(b) At Lessee's option, Sub-Lessee's failure to dehver such statement within such time shall
be a material breach of this Lease or shall be conclusive upon Sub - Lessee [1] that this Lease is in full
force and effect, without modification except as may be represented by Lessee,' [2] that there are no
uncured defaults in Lessee's performance, and [3] that not more than one month's rent has been paid
in advance or such failure may be considered by Lessee as a default by Sub- Lessee under this Lease.
(c) if Lessee or property title holder desires to finance, refinance or sell the Premises, or any
part thereof, Sub - Lessee hereby agrees to deliver to any lender or buyer designated by Lessee such
financial statements of Sub - Lessee as may reasonably required by such lender or buyer. Such
statements shall include the past three years' financial statements of Sub - Lessee. All such financial
statements shall be received by Lessee and such lender or buyer in confidence and shall be used only
for the purposes herein set forth.
33. ADDENDUM: An addendum, signed by the parties, f X l is attached, U is not attached hereto.
ENTIRE AGREEMENT: The foregoing constitutes the entire agreement between the parties and may be
modified only by a writing signed by both parties. The following Exhibits, if any, have been made a part of
this lease before the parties' execution hereof: Exhibit 1: Proposed rent for the West Alameda Business
Association.
Sub - Lessee:
By: Ed Clark, President
West Alameda Business Association
Dated :-) c! C�
Lessor:
By: William C. Norton, City Manager
City of Alameda
Dated:
Recommended for Approval:
Community Development Director
A•pro edas to Form:
ity Attorney
ADDENDUM
In reference to the PURCHASE AGREEMENT, _ EXCHANGE AGREEMENT, X LEASE COUNTER OFFER —
covering the real property, _ business X premises — commonly known as 1701 Webster Street includinq_second office
and use of lunchroom. restrooms and conference room (scheduled in advance), dated between
The City of Alameda and West Alameda Business Association
The undersigned Parties hereby agree as follows:
1- item #1 Term - The term of the Lease shall be month to month. Sub - Lessee shall arve a minimum 30 days notice to terminate
the lease.
2- Sub - Lessee shall have joint use of waste disposal area.
3- Should the Sub - Lessee wish to renew the Lease on an annual basis the monthly rent shall be adiusted in accordance with
the cost of livina increase provision set forth in oaraaraoh #33.
4- Item 11 Sub - Lessee's Insurance: Sub - Lessee shall maintain the followina insurance coveraae:
a) Worker's compensation: Statutory coverage as reauired by the State of California.
b) Liability: Commercial general liability coveraae in the following minimum limits:
Bodily Injury: 5500.000 each occurrence
S1.000.000 aagregate - all other
5- Item 14 Utilities: Electricity. water and aarbaae are included in the monthly rent.
The herein agreement, upon its execution by both parties, is herewith made an integral part of the aforementioned Commercial
Lease and Deposit Receipt.
Sub -Lesse
Lessee:
Ed Clark, Pres entj die t Alameda Business Association William C. Norton, City Manager, City of Alameda
DATED: 1 DATED:
community development dept.lwest end annex administration
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EXHIBIT 1
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(estimated by the Bureau of Electricity)
(best estimate)
(best estimate)
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10.03 /copy
0 25 /fax
10.0'5 /sq_ft.
GRAND TOTAL: 1
1100 square feet
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allowance of 200 copies per month
allowance of 16 facsimiles per month
water and garbage
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I, the undersigned, hereby certify that the foregoing
Resolution was duly and regularly adopted and passed by the Council
of the City of Alameda in regular meeting assembled on the 20th
day of February , 1996, by the following vote to wit:
AYES: Councilmembers Arnerich, DeWitt, Lucas,
Mannix and President Appezzato - 5.
NOES: None.
ABSENT: None.
ABSENTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 21st day of February , 1996.
B. Felsc , City Clerk
City of Alameda