HomeMy WebLinkAbout00048C - NOAH NED JAMIN LEASE DUPLICATE ORIGINAL
AGR 4a - Comm Redev Agency
Lease w/Noah Ned Jamin at 161
S. Civic Dr, Suite 8
PROFESSIONAL OFFICE LEASE Res 148, 7-13-83
NOAH NED JAMIN, herein referred to as "Lessor, " hereby
leases to Community Redevelopment Agency of the City of Palm
Springs, California, a public body, corporate and politic, herein
referred to as "Lessee, " the professional office located at 161
South Civic Drive, Suite 8, Palm Springs, California, on the
following terms and conditions:
The term of this lease shall be for a period of one (1) year
commencing August 1, 1983, and terminating July 31, 1984, unless
sooner terminated as may be herein provided.
In addition to other considerations hereinafter provided,
Lessee shall pay to Lessor for the use and occupancy of said pre-
mises, the sum of One Thousand ($1, 000. 00) Dollars per month.
Payments shall be made to NOAH NED JAMIN at such address as he may
designate from time to time. Payments shall be due, in advance,
on the first day of each month, commencing August 1, 1983 .
All regular monthly condominium assessments assessed against
Unit 8 by the Palm Springs Professional Park No. 1, the condominium
owners association, shall be paid by Lessor directly to said
condominium owners association. Lessor shall retain the exclusive
right to vote at condominium owners association meetings on behalf
of Unit 8 .
Lessee shall maintain insurance covering fire, theft and
vandalism of Lessor' s improvements within Unit 8, which insurance
shall be payable to Lessee and Lessor in relation to each party' s
interest in the interior improvements and such insurance shall
further include liability coverage for the use and occupancy of
the premises in an amount not less than Two Hundred Fifty Thousand
($250, 000. 00) Dollars per incident, which liability insurance
specifically names Lessor as a named coinsured. Lessee shall
furnish to Lessor a Certificate of Insurance certifying that the
aforementioned insurance coverage has been obtained by Lessee.
Said insurance shall be maintained by Lessee at Lessee' s expense
for the entire term of this lease even if for some reason the
Lessee fails to occupy a portion of or all of the premises leased
to the Lessee during the lease period.
All real estate taxes shall be paid by Lessor. Lessee shall
be responsible for all personal property taxes assessed against
personal property on said premises on the assessment date, if such
assessment date is included in the term of the lease even though
the scheduled payment date for such taxes may be after termination
of the lease.
Page 1 of 4
Lessee shall be responsible for all separately metered
utilities provided to the premises, including gas, electric and
telephone. Lessee further agrees that the responsibility for
these utilities will be solely in the Lessee' s name and Lessee
shall hold Lessor harmless from any responsibility for any utilities
during the term of this lease.
Lessee and Lessor recognize that as a condominium, many
repairs, including all outside, and exterior wall repairs, as well
as the roof, are paid by the condominium association. All repairs
with regard to the leased premises shall be the responsibility of
the Lessee. Lessee shall keep and maintain all systems and
portions of the leased premises for which the condominium associa-
tion is not responsible in good repair and working condition and
further agrees that Lessee shall leave the same in the same condition
and repair at the termination of this lease, ordinary wear and
tear excepted. Lessee agrees that it has inspected the premises
and accepts the same "as is. " Lessee further agrees that upon
quitting the premises, all fixtures attached to the premises
present at the inception of this lease, as well as any which may
be affixed to the premises by the Lessee, shall be left by the
Lessee and shall become the property of the Lessor.
The premises shall be used as a professional office con-
sistent with the zoning and requirements of the recorded Condi-
tions, Covenants and Restrictions, pertaining to the condominium
project in which the demised premises are located, and shall be
used for no other purpose.
Lessee shall be entitled to make such alterations to the
interior of the leased premises as Lessee sees fit provided that
he has obtained from the Lessor, in advance, a written consent
thereto. All alterations shall be done to meet code, shall be
finished in a professional manner, and shall cause the interior of
the premises to be useable for professional office space by other
than just the Lessee. Lessee may, without the Lessor ' s consent,
paint, carpet or affix such wall coverings as the Lessee may
desire so long as same may be reasonably useable by subsequent
tenants upon the termination of the lease.
Should the premises be substantially destroyed or be taken by
any public or quasi-public agency under the power of eminent
domain, Lessee shall be entitled to insurance proceeds, condemnation
award for Lessee' s property, but not including any Lessee improve-
ments which revert to Lessor upon termination of this lease or
improvements already in place prior to the occupancy of the Lessee
of the said premises. Further, Lessee shall not be entitled to
any award for loss of lease for the value of the unexpired term of
this lease. Upon such substantial destruction or condemnation of
the premises, the lease shall immediately terminate.
Page 2 of 4
Lessee shall indemnify and hold Lessor free and harmless from
any liability created by the use and occupancy of the building,
which liability includes but is not limited to the liability to
outside suppliers, workmen and the like for work done on or at the
premises, liability to third parties for injuries sustained on or
about the premises and the act or omission of Lessee or any person
occupying the premises as an agent, invitee or trespasser, or any
condition of said premises .
Time is of the essence of this agreement.
This agreement shall be binding on and inure to the benefit
of the heirs, executors, administrators, successors and assigns of
each of the parties.
Lessee does not have the right to assign or sublet this lease
without the prior written consent of the Lessor, which consent
shall not be unreasonably withheld. Any consent to an assignment
and/or subletting of this lease shall not constitute a waiver of
this provision as to a subsequent assignment or subletting of this
lease.
In the event either of the parties to this lease desire to
bring an action to enforce this lease, or any provision thereof,
shall desire a declaration of the rights and duties of either of
the parties to this lease or any other matter arising out of or
under this lease, except an unlawful detainer brought by the
Lessor for nonpayment of rent or other obligations of Lessee under
this lease, the parties hereto agree that at the request of either
party, the matter shall be submitted to binding arbitration pursuant
to the California Code of Civil Procedure Section 1280 et seq.
The determination of the arbitrator shall be binding on all parties
and may be the subject of a judgment of a court of competent
jurisdiction to enforce the same. In any action for unlawful
detainer or action arising out of or under this contract, or an
arbitration proceeding arising out of or under this contract, the
prevailing party shall be entitled to reasonable attorney' s fees
as well as all costs and damages. In the event of arbitration,
the arbitrator shall be entitled to determine the reasonable
attorney' s fees.
This instrument constitutes the sole and only agreement
between Lessor and Lessee respecting said premises. Any modifications
to this agrement must be in writing or they are void.
Page 3 of 4
Executed this day of July, 1983 , at Palm Springs,
California.
LESSOR
Y1� t'"
NOAH N D JAMIN
LESSEE
Community Redevelopment Agency
of the City of Palm Springs,
California, a public body, corporate
and politic
By flz
EXECUTIVE DIRECTOR
APPROVED BY THE CRA
by Res. 148, 7-13-83
Page 4 of 4
PROFESSIONAL OFFICE LEASE
NOAH NED JAMIN, herein referred to as "Lessor, " hereby
leases to Community Redevelopment Agency of the City of Palm
Springs, California, a public body, corporate and politic, herein
referred to as "Lessee, " the professional office located at 161
South Civic Drive, Suite 8, Palm Springs, California, on the
following terms and conditions:
The term of this lease shall be for a period of nine (9) months
commencing August 1, 1984 , and terminating April 30, 1985, , unless
sooner terminated as may be herein provided.
In addition to other considerations hereinafter provided,
Lessee shall pay to Lessor for the use and occupancy of said pre-
mises, the sum of One Thousand One Hundred ($1 ,100) Dollars per month.
Payments shall be made to NOAH NED JAMIN at such address as he may
designate from time to time. Payments shall be due, in advance,
on the first day of each month, commencing August 1, 1984 .
All regular monthly condominium assessments assessed against
Unit 8 by the Palm Springs Professional Park No. 1, the condominium
owners association, shall be paid by Lessor directly to said
condominium owners association. Lessor shall retain the exclusive
right to vote at condominium owners association meetings on behalf
of Unit 8.
Lessee shall maintain insurance covering fire, theft and
vandalism of Lessor' s improvements within Unit 8, which insurance
shall be payable to Lessee and Lessor in relation to each party' s
interest in the interior improvements and such insurance shall
further include liability coverage for the use and occupancy of
the premises in an amount not less than Two Hundred Fifty Thousand
($250 , 000 .00) Dollars per incident, which liability insurance
specifically names Lessor as a named coinsured. Lessee shall
furnish to Lessor a Certificate of Insurance certifying that the
aforementioned insurance coverage has been obtained by Lessee.
Said insurance shall be maintained by Lessee at Lessee' s expense
for the entire term of this lease even if for some reason the
Lessee fails to occupy a portion of or all of the premises leased
to the Lessee during the lease period.
All real estate taxes shall be paid by Lessor. Lessee shall
be responsible for all personal property taxes assessed against
personal property on said premises on the assessment date, if such
assessment date is included in the term of the lease even though
the scheduled payment date for such taxes may be after termination
of the lease.
Page 1 of 4
�ZLe--Q
1 •
Lessee shall be responsible for all separately metered
utilities provided to the premises, including gas, electric and
telephone. Lessee further agrees that the responsibility for
these utilities will be solely in the Lessee's name and Lessee
shall hold Lessor harmless from any responsibility for any utilities
during the term of this lease.
Lessee and Lessor recognize that as a condominium, many
repairs, including all outside, and exterior wall repairs, as well
as the roof, are paid by the condominium association. All repairs
with regard to the leased premises shall be the responsibility of
the Lessee. Lessee shall keep and maintain all systems and
portions of the leased premises for which the condominium associa-
tion is not responsible in good repair and working condition and
further agrees that Lessee shall leave the same in the same condition
and repair at the termination of this lease, ordinary wear and
tear excepted. Lessee agrees that it has inspected the premises
and accepts the same "as is. " Lessee further agrees that upon
quitting the premises, all fixtures attached to the premises
present at the inception of this lease, as well as any which may
be affixed to the premises by the Lessee, shall be left by the
Lessee and shall become the property of the Lessor.
The premises shall be used as a professional office con-
sistent with the zoning and requirements of the recorded Condi-
tions, Covenants and Restrictions, pertaining to the condominium
project in which the demised premises are located, and shall be
used for no other purpose.
Lessee shall be entitled to make such alterations to the
interior of the leased' premises as Lessee sees fit provided that
he has obtained from the Lessor, in advance, a written consent
thereto. All alterations shall be done to meet code, shall be
finished in a professional manner, and shall cause the interior of
the premises to be useable for professional office space by other
than just the Lessee. Lessee may, without the Lessor' s consent,
paint, carpet or affix such wall coverings as the Lessee may
desire so long as same may be reasonably useable by subsequent
tenants upon the termination of the lease.
Should the premises be substantially destroyed or be taken by
any public or quasi-public agency under the power of eminent
domain, Lessee shall be entitled to insurance proceeds, condemnation
award for Lessee' s property, but not including any Lessee improve-
ments which revert to Lessor upon termination of this lease or
improvements already in place prior to the occupancy of the Lessee
of the said premises. Further, Lessee shall not be entitled to
any award for loss of lease for the value of the unexpired term of
this lease. Upon such substantial destruction or condemnation of
the premises, the lease shall immediately terminate.
Page 2 of 4
Lessee shall indemnify and hold Lessor free and harmless from
any liability created by the use and occupancy of the building,
which liability includes but is not limited to the liability to
outside suppliers, workmen and the like for work done on or at the
premises, liability to third parties for injuries sustained on or
about the premises and the act or omission of Lessee or any person
occupying the premises as an agent, invitee or trespasser, or any
condition of said premises.
Time is of the essence of this agreement.
This agreement shall be binding on and inure to the benefit
of the heirs, executors, administrators, successors and assigns of
each of the parties.
Lessee does not have the right to assign or sublet this lease
without the prior written consent of the Lessor, which consent
.shall not be unreasonably withheld. Any consent to an assignment
and/or subletting of this lease shall not constitute a waiver of
this provision as to a subsequent assignment or subletting of this
lease.
In the event either of the parties to this lease desire to
bring an action to enforce this lease, or any provision thereof,
shall desire a declaration of the rights and duties of either of
the parties to this lease or any other matter arising out of or
under this lease, except an unlawful detainer brought by the
Lessor for nonpayment of rent or other obligations of Lessee under
this lease, the parties hereto agree that at the request of either
party, the matter shall be submitted to binding arbitration pursuant
to the California Code of Civil Procedure Section 1260 et seq.
The determination of the arbitrator shall be binding on all parties
and may be the subject of a judgment of a court of competent
jurisdiction to enforce the same. In any action for unlawful
detainer or action arising out of or under this contract, or an
arbitration proceeding arising out of or under this contract, the
prevailing party shall be entitled to reasonable attorney' s fees
as well as all costs and damages. In the event of arbitration,
the arbitrator shall be entitled to determine the reasonable
attorney' s fees.
This instrument constitutes the sole and only agreement
between Lessor and Lessee respecting said premises. Any modifications
to this agrement must be in writing or they are void.
Page 3 of 4
Executed this V"'day of Jai , 1984, at Palm Springs,
California.
LESSOR
NOAH NED 4JUMIN
LESSEE
Community Redevelopment Agency
Of the City of Palm Springs,
California, a public body, corporate
and politic
By
EXECUTIVE D RECTOR
i
Page 4 of 4