HomeMy Public PortalAbout14) 10B Chamber of Commerce Lease, Potential Office Relocation and Site DevelopmentAGENDA
IT EM 10.8.
MANAGEM E NT SERVICES DE PA RTMENT
MEMORANDUM
DATE: December 4 , 2018
TO: The Honorable City Council
FROM: Bryan Cook, City Manager ~)
By: Brian Haworth, Assistant to the City Manager\..W
SUBJECT: CHAMBER OF COMM.ERCE LEASE;
POTENTIAL OFFICE RELOCATION AND SITE REDEVELOPMENT
RECOMMENDATION:
The City Council is requested to :
1. Authorize the City Manager to formalize and execute a month-to-month lease with
the Temple City Chamber of Commerce for office use of the City-owned building
located at 9050 Las Tunas Dr.;
2 . Direct staff to subsequently present preliminary space planning concepts for a
potential Chamber of Commerce office relocation to the Temple City Council
Chambers building (5938 Kauffman Ave.); and
3. Confirm direction on whether staff should develop reuse options for City-owned
properties located at and in the vicinity of 9050 Las Tunas Dr. (APNs 5387-023-900, -
901; 5387-024-900, -901 ' -902).
BACKGROUND:
1. In November 2015, Council approved a three-year lease agreement with the
Temple City Chamber of Commerce for office use of the City-owned building
located at 9050 Las Tunas Dr . (Attachment "A").
2. In September 2018 , a prel iminary space-planning concept was completed for a
potential Chamber of Commerce office relocation to vacant areas located within
the Temple City Council Chambers building . This proposal-shared with Chamber
of Commerce leadership-would improve office appearance, enhance member
support, and appropriately situate operations next to City Hall and in the downtown
City Council
December 4 , 2018
Page 2 of 3
area. It would also vacate the Chamber 's existing building , thereby situating the
property for future redevelopment proposals .
3. On Nov . 20, 2018, Council deliberations on the Las Tunas beautification and
Primrose redevelopment concepts included references to the future reuse of City-
owned properties at and adjacent to the Chamber of Commerce building
(Attachment "B"). Council indicated that it would like to explore redevelopment
options for the area-given its relatively large size (1/2 of an acre) and Las Tunas
gateway location-in context to a comprehensive view of future City-funded
downtown investments . In other words , the properties present an opportunity that
could complement future public improvements and further catalyze the downtown
corridor.
4 . On Dec. 3 , 2018, the City 's lease agreement with the Chamber of Commerce
expired . A new lease is required , as no formal arrangement ex ists regarding
building operations , maintenance and oth e r responsibiliti e s.
ANALYSIS:
The following provides considerations for tonight's recommended actions .
• Chamber Lease. Staff will formalize a month-to-month building lease , incorporating
key provisions of the 2015 lease :
- A monthly rent of $1 .
Parties-specific maintenance responsibilities .
Chamber-required insurance policies (public liab i lity , property damage).
Conference room availability to community organizations.
Chamber-designated [public] parking spaces during regular business hours .
Both parties have committed to execute the lease no later than Dec . 12 , 2018.
• Space Planning Concept. A preliminary concept has been finalized for the potential
Chamber of Commerce office relocation , which would occupy the vacant southeast
corner of the Council Chambers building. Staff is prepared to present the
concept-along with estimated costs-at the Dec . 18 , 2018 or Jan . 15 , 2019
Council meetings.
Please note that Chamber of Commerce leadership is aware of th is proposal ; the
organization is positioned to relocate to the Council Chambers building within the
next three to six months.
• Re -Use Options . Should Council wish to explore reuse opt ions for City-owned
properties at and adjacent to the Chamber of Commerce building , staff
City Council
December 4, 2018
Page 3 of 3
recommends that this process begin once direction is formalized on the Chamber
of Commerce relocation. Staff would then return to Council with a developed work
scope and related funding request.
CITY STRATEGIC GOAL:
Actions contained in this report align with the following strategic goals: good governance
and economic development.
FISCAL IMPACT:
None.
ATTACHMENTS:
A 2015 Lease Agreement: Chamber of Commerce
B. Map of City-Owned Properties: Vicinity of Chamber of Commerce Building
I \:'-!SI.;·''I,"?I-IS!711
LEASE AGREEMENT
by and between
THE CITY OF TEMPLE CITY
and
TEMPLE CITY CHAMBER OF COMMERCE
Dated November 17, 2015
ATTACHMENT A
LEASE AGREEMENT
This LEASE AGREEMENT ("Lease"), dated as of December 4, 2015, is entered
into by and between the CITY OF TEMPLE CITY, a charter law city and municipal
corporation (the "Landlord"), and the TEMPLE CITY CHAMBER OF COMMERCE, a
California 501(c)(6) nonprofit corporation (the "Tenant"), who agree as follows:
RECITALS
This Lease is made with reference to the following facts and circumstances, which
are a part of this Lease and are agreed to be correct:
A. Landlord is the owner of certain real property (the "Property") located in the
City of Temple City, County of Los Angeles, State of California commonly known as 9050
Las Tunas Drive. A legal description of the Property is set forth in attached Exhibit "A",
and depicted in the diagram attached as Exhibit "B".
B. The Property is improved with a one story building (the "Building") consisting
of approximately one thousand fifty-six (1 ,056) square feet of floor area.
C. Tenant wishes to Lease the Building (the "Premises") and Landlord is willing
to lease the Premises to Tenant, all subject to the terms and provisions of this Lease. The
parties acknowledge and agree that the Building is located adjacent to a public parking lot
owned by Landlord and occupying the Property, and that the parking lot does not
constitute any portion of the Premises leased by Tenant.
D. Tenant wishes to secure parking for its operations in the Building from
parking available in Landlord's parking lot located on and adjacent to the Property, and
Landlord is willing to dedicate a number of parking spaces to Tenant during Tenant's
normal business hours.
1. Demise.
(a) On and subject to the terms and provisions of this Lease, Landlord leases to
Tenant and Tenant leases from Landlord the Premises.
(b) In connection with Tenant's lease of the Premises, Landlord agrees to
reserve for Tenant's exclusive use, and post notices to that effect, four (4) parking spaces
in the public parking lot owned by Landlord and located on and adjacent to the Property.
During Tenant's normal business hours of 10:00 a.m. to 5:00 p.m., Monday through
Thursday, these four (4) parking spaces shall be reserved for the use of Tenant and
Tenant's guests, agents, employees, and invitees. Tenant agrees that Tenant has no
other right under this Lease to the public parking lot and that if Tenant desires to use
said parking lot for any purpose other than utilization of the four (4) parking spaces as
provided in this section, Tenant shall request a permit to use the parking lot and
Landlord shall review such request and may approve or deny such request in its sole
and absolute discretion.
2. Term. The term of this Lease commences on the date hereof and continues
thereafter for a period of three (3) years and, unless earlier terminated, automatically
expires on December 3, 2018, without the necessity of any notice or other action on
Landlord's part. Notwithstanding the foregoing, Tenant may at its sole discretion and
with sixty (60) days notice to Landlord, request and upon such request shall be granted
a two (2) year extension of the Tenn. Such extension shall be immediately effective but
the parties shall thereafter execute an amendment to this Lease memorializing such
extension. No further extension beyond the three (3) year base term and two (2) year
extension may be requested or granted under this Lease, and a new agreement
between the parties shall be required to effectuate any such further extension.
3. Use; Compliance with Laws.
(a) The Premises must be used by Tenant as a Chamber of Commerce
Building and Visitors' Center. This includes receiving visitors to the city of Temple City,
holding meetings related to the purposes for which Tenant is incorporated, serving as a
site for the dissemination of information about the City and its businesses, allowing
business owners and employees in Temple City to interact on the Premises, and
serving as an office for the planning and implementation of these and similar activities.
(b) Tenant and Landlord currently have a service agreement under which
Tenant performs services related to public information, business promotion and
assistance with City economic development projects. Should that service agreement be
terminated by either party, Landlord may, at its sole option and in the exercise of its sole
discretion, terminate this Lease prior to the end of the Term.
(c) Tenant agrees that, in addition to the services set forth in the service
agreement and as partial consideration for Landlord's willingness to enter into this
Lease at the rental amount set forth below, Tenant will make the conference room
available to Temple City based community groups and residential associations that are
not eligible for Chamber membership for the purpose of allowing those entities to hold
meetings and similar events -following the same rules and regulations per the
Chamber's conference room rental agreement. Tenant recognizes that the conference
room in the Premises is an asset to the people of the City of Temple City and that
geographic location of the premises makes it attractive to entities wishing to hold
meetings near the City's business district. In recognition of these facts and in concert
with Tenant's promotion of the City and its businesses, Tenant agrees to work with
Landlord's staff to determine appropriate times and conditions for the use of the
Premises by the above-referenced groups.
(d) Tenant agrees that the Premises and its use of the Premises will at all
times be in strict compliance with all applicable laws, rules and regulations of all
governmental authorities having jurisdiction, and Tenant, at its sole cost and expense,
agrees to comply with all such laws, rules and regulations, including, without limitation,
all laws, rules and regulations requiring the making of structural or extraordinary repairs
or replacements to the Premises.
4. Rent. As rent for the Premises, Tenant agrees to pay to Landlord the sum of
$1.00 per month. Rent is to be paid in advance by check or wire transfer. The first
installment of monthly rent is due on the date hereof and subsequent installments are
due and payable on the same day of each succeeding monthly during the term of this
Lease.
5. "AS-IS" Lease. Tenant acknowledges that it has inspected the Premises and
Tenant warrants and agrees that it is thoroughly familiar with the Premises and all
aspects thereof, including, without limitation, the physical condition of the Premises, the
zoning of the Premises and all other restrictions and limitations applicable to the
Premises (whether or not of public record). Tenant acknowledges and agrees that the
Premises are satisfactory to Tenant in all respects. Tenant agrees that neither
Landlord nor anyone acting on Landlord's behalf has made any representation or
warranty of any kind or nature whatsoever respecting the condition of the
Premises, their suitability for Tenant's use, or any other matter relating to the
Premises (including, but not limited to, the environmental condition of the
Premises) or this Lease, and Tenant agrees that it is leasing the Premises in their
"AS-IS CONDITION AND WITH ALL FAULTS".
6. Maintenance.
(a) Tenant agrees that it will, at its sole cost and expense, maintain the
Premises and all portions thereof, in a good, clean and safe condition and state of
repair, including the making of all necessary repairs or replacements due to normal
wear and tear and use of external and internal portions of the Premises. The foregoing
includes, without limitation, Tenant's duty to provide for normal janitorial servicing of the
Premises. Tenant agrees that Tenant is solely responsible for the security, protection
and insuring of its equipment, materials and other property, and that of its employees,
servants and contractors, located on or about the Premises. Tenant agrees that
Landlord will have no liability of any kind or nature respecting any loss or theft of, or
damage to, any such equipment, materials or other property.
(b) Landlord agrees that it will, at its sole cost and expense, provide for
maintenance of a substantial nature required for the upkeep of all plumbing, heating, air
conditioning, ventilating, electrical and other facilities and utilities serving the Premises,
and the structure of all walls, floors, ceilings, roofs, windows, doors, driveways,
sidewalks, and parking lots on the Property and Property. For purposes of this
Subsection 6(b), "maintenance of a substantial nature" shall be defined as maintenance
estimated to cost more than $5,000. Tenant shall provide Landlord with notice of the
required maintenance and with no fewer than two (2) estimates showing costs
anticipated to exceed $5,000. Such notice shall be provided to Landlord prior to
Landlord's annual or mid-year budget approval so that the cost of the maintenance can
be included in the budget or budget revision. Should unanticipated emergency
maintenance of plumbing, heating, air conditioning, ventilating, electrical or other
facilities or utilities arise, Tenant may either pe1fonn the maintenance itself and seek
I ,\ "·IX ll-7<J.:' !-II' 17 1 I
reimbursement from Landlord or may immediately request that Landlord undertake the
maintenance work to ensure continued habitability of the Premises.
7. Insurance. Tenant agrees to keep and maintain public liability and property
damage insurance respecting the Premises, naming Landlord as an additional insured,
in form and amounts (not less than $1,000,000 per occurrence) and with insurers
reasonably satisfactory to Landlord. Tenant also agrees to keep and maintain a policy
or policies of fire and extended coverage insurance, with vandalism and malicious
mischief endorsements, in the name of Landlord and with loss payable to Landlord, to
the extent of the full replacement cost of the improvements located on the Premises and
otherwise in form and with insurers reasonably satisfactory to Landlord. Tenant also
agrees to keep and maintain worker's compensation insurance coverages for its
employees in the minimum amounts required by California law. All such insurance will
be primary and not contributing with any insurance which Landlord may maintain, and
the insurer providing such insurance must agree that such insurance will not be
changed or cancelled except upon at least thirty (30) days prior written notice to
Landlord. Tenant waives any and all rights of recovery against Landlord and its
officials, officers, agents and employees on account of loss or damage occasioned to
Tenant or its property or the property of others under its control, to the extent that such
loss or damage is insured against under the fire and extended coverage policy required
to be kept and maintained by Tenant under this Lease; and Tenant shall cause each
policy required to be kept and maintained by it under this Lease to provide that the
insurer waives all right of recovery by way of subrogation against Landlord in connection
with any damage covered by such policy. Tenant will provide Landlord with copies of
the policies of such insurance or certificates evidencing such insurance upon execution
of this Lease and from time to time thereafter as reasonably requested by Landlord.
8. Indemnification. In addition to, and without limiting, Tenant's other obligations of
indemnity under this Lease, Tenant agrees to indemnify, protect, defend (by counsel
reasonably satisfactory to Landlord) and hold Landlord and its officials, officers, agents
and employees, and each of them, harmless from and against all claims, losses,
liabilities, actions, judgments, costs and expenses (including reasonable attorneys' fees
and costs) which they, or any of them, may suffer or incur arising from or relating to (a)
Tenant's use of the Premises, (b) any negligence, act or omission of Tenant, its agents,
employees, contractors, guests or invitees in or about the Premises or (c) any default by
Tenant under this Lease.
9. Utilities. Tenant agrees to pay, as additional rent, before delinquency, for all
water, sewer, gas, heat, light, power, telephone service, refuse removal and all other
utilities or services of any kind supplied to the Premises. It is agreed that Landlord is
not liable for any failure or interruption of any utility or service, and the failure or
interruption of any utility or service will not entitle Tenant to terminate this Lease or stop
making any rental or other payments due under this Lease.
10. Taxes. Tenant shall pay, as additional rent, before delinquency all real property
taxes and assessments (both general and special) levied or assessed against the
Premises during the term of this Lease. Tenant shall promptly furnish Landlord with
satisfactory evidence that such taxes and assessments have been paid. If any such
taxes and assessments cover any period of time after the expiration of the term of this
Lease, Tenant's share of such taxes and assessments will be equitably prorated to
cover only the period of time within the tax fiscal year this Lease is in effect. Tenant
shall also pay before delinquency all taxes levied or assessed against Tenant's trade
fixtures, equipment and personal property located at the Premises or elsewhere. If
Tenant fails to pay any taxes or assessments required to be paid by it under this Lease,
Landlord, at its option, may pay the same and Tenant agrees to reimburse Landlord
therefore immediately upon demand. Tenant acknowledges that this Lease may create
a possessory interest subject to taxation and that Tenant may be subject to payment of
any and all taxes levied on that possessory interest.
11. Alterations. Tenant agrees that it will not make any alterations or improvements
to the Building or Premises, or any portion of the Building or Premises, without
Landlord's prior written consent, which will not be unreasonably withheld; provided, that
if the alterations or additions would affect the structural portions of the Premises,
including, without limitation, the exterior or interior load-bearing walls, the foundation or
the roof of the Premises, Landlord shall be under no obligation to give its consent. If
Landlord consents to the making of any alterations or improvements, Tenant agrees
that such alterations or improvements will be made in strict compliance with all
applicable laws, rules and regulations of all governmental authorities having jurisdiction,
will be performed in a good and workmanlike manner, and will be made in compliance
with such other conditions, including, without limitation, the obtaining of performance
and completion bonds, as Landlord may require in connection with the granting of its
consent. Tenant agrees that it will pay, when due, all claims for labor or materials
furnished or alleged to have been furnished to or for Tenant at or for use on the
Premises, which claims are or may be secured by any mechanics' or materialmen's lien
against the Premises or any interest therein. All alterations and improvements made by
Tenant shall, at Landlord's option and at Tenant's sole cost and expense, be removed
from the Premises at the end of the term of this Lease and the Premises restored to
their condition prior to the making of such alterations or improvements.
12. Tenant's Property. All trade fixtures, equipment and personal property of Tenant
located at the Premises will remain the property of Tenant during the term of this Lease
and may be removed by Tenant at any time and shall be removed by Tenant prior to the
expiration or other termination of the term of this Lease. Tenant, at Tenant's cost and
expense, must promptly repair all damage to the Premises occasioned by the removal
of its trade fixtures, equipment and personal property.
13. Damage and Destruction. If the Premises or any portion thereof are damaged or
destroyed by any casualty (whether or not insured), and the cost of repairing or
restoring the Premises exceeds one month's rent or if the repairs and restorations
would require more than one month to complete once commenced, then either Landlord
or Tenant may cancel this Lease upon the giving of written notice to the other. Upon
any cancellation of this Lease pursuant to the provisions of this Section, all proceeds of
insurance shall be the sole property of Landlord, and Tenant shall have no right or
interest therein.
15. Sublease or Assignment. Tenant may not sublease or assign this Lease or
sublet or assign the rights to all or any part of the Premises nor permit the occupancy
thereof by any other person or entity without the express written consent of Landlord,
which consent may be withheld in Landlord's sole discretion.
16. Default. The occurrence of any one or more of the following shall constitute a
default by Tenant:
(a) Vacation or abandonment of the Premises by Tenant.
(b) Default of the services agreement between Landlord and Tenant referenced
in section 3(b), when such default is not cured as required by that agreement.
(c) Failure by Tenant to make payment of rent or any other payments required
to be made by Tenant hereunder as and when due.
(d) Failure by Tenant to keep and maintain any of the insurance required to be
kept and maintained by Tenant under this Lease.
(e) Suspension of Tenant's active corporate status due to failure to file required
paperwork with the State of California or for any other reason, or loss of Tenant's tax
exempt status due to failure to file required paperwork with the State of California or United
States government or for any other reason.
(f) Failure by Tenant to observe or perform any of the covenants or provisions
of this Lease, other than as provided in subsections (b) and (c) above, when such failure
continues for a period of 30 days after written notice of such failure is given by Landlord to
Tenant; provided, that if the nature of Tenant's failure is such that more than 30 days are
reasonably required for its cure, then Tenant will not be deemed to be in default if Tenant
commences such cure within said 30 day period and thereafter diligently prosecutes such
cure to completion.
17. Remedies. If Tenant is in default, then, in addition to all other rights and remedies
which Landlord may have at law or in equity, Landlord has the following rights and
remedies which are not exclusive but are cumulative:
(a) To the extent permitted by law, Landlord can, with or without terminating this
Lease, reenter the Premises and remove all property and persons therefrom, and any
such property may be removed and stored in a public warehouse or elsewhere at the cost
and for the account of Tenant. If Landlord elects to reenter or shall take possession of the
Premises pursuant to legal proceedings or pursuant to any notice provided by law, and if
Landlord has not elected to terminate this Lease, Landlord may either recover all rent as it
becomes due under this Lease or relet the Premises or any pari or parts thereof for such
I,-\ ;:.JX1_1-I<I:~ I· lSI;\!
term or terms and upon such provisions as Landlord may deem advisable and will have
the right to make repairs to and alterations of the Premises. No reentry or taking
possession of the Premises by Landlord is to be construed as an election to terminate this
Lease unless a written notice of such intention is given to Tenant by Landlord.
Notwithstanding any reletting without termination by Landlord because of Tenant's default,
Landlord may at any time after such reletting elect to terminate this Lease because of such
default. If Landlord elects to relet the Premises without terminating this Lease, then rent
received by Landlord therefrom will be applied as follows:
(i) First, to any indebtedness from Tenant to Landlord other than rent
due from Tenant;
(ii) Second, to all costs and expenses, including, without limitation, for
maintenance, repairs or alterations, incurred by Landlord in connection with reletting the
Premises: and
(iii) Third, to the payment of rent due and unpaid under this Lease and
the residue, if any, will be held by Landlord and applied in payment of future rent as the
same may become due and payable under this Lease and to any damages and other
amounts which Landlord is otherwise entitled to under this Lease. Should that portion of
such rent received from such reletting during any month, which is applied to the payment
of rent hereunder, be less than the rent payable hereunder during that month by Tenant,
then Tenant agrees to pay such deficiency to Landlord immediately upon demand. In no
event will Tenant be entitled to any excess rent received by Landlord from such reletting.
(b) Landlord can terminate Tenant's right to possession of the Premises at any
time. No act by Landlord other than giving written notice to Tenant will terminate this
Lease. Acts of maintenance, efforts to relet the Premises, or the appointment of a receiver
on Landlord's initiative to protect Landlord's interest under this Lease shall not constitute a
termination of Tenant's right to possession. On termination, Landlord has the right to
recover from Tenant:
(i) The worth, at the time of the award, of the unpaid rent that had been
earned at the time of termination of this Lease:
(ii) The worth, at the time of the award, of the amount by which the
unpaid rent that would have been earned after the date of termination of this Lease until
the time of award exceeds the amount of the loss of rent that Tenant proves could have
been reasonably avoided:
(iii) The worth, at the time of the award, of the amount by which the
unpaid rent for the balance of the term after the time of award exceeds the amount of the
loss of rent that Tenant proves could have been reasonably avoided; and
(iv) Any other amount, and court costs, necessary to compensate
Landlord for all detriment proximately caused by Tenant's default
I :\'·'IS);. N,~·l·IS I' 1 I
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"The worth, at the time of the award," as used in (i) and (ii) of this
subsection (b), is to be computed by allowing interest at the maximum rate an individual is
permitted by law to charge. "The worth, at the time of the award," as referred to in (iii) of
this subsection (b), is to be computed by discounting the amount at the discount rate of the
Federal Reserve Bank of San Francisco at the time of the award, plus 1%.
(c) Landlord can have a receiver appointed to collect rent and conduct Tenant's
business. Neither the filing of a petition for the appointment of a receiver nor the
appointment itself shall constitute an election by Landlord to terminate this Lease.
(d) Without waiving the default, Landlord can, at its sole option, pay such sums
and/or take such actions as are necessary in Landlord's reasonable judgment in order to
cure the default, and all sums expended or incurred by Landlord in connection therewith,
together with interest thereon at the maximum rate permitted by law, shall be paid by
Tenant to Landlord immediately on demand. '
18. Landlord Entrv. Landlord and its authorized representatives shall have the right
upon two (2) business days' written notice to Tenant to enter all portions of the Premises
for any of the following purposes: (a) to determine whether the Premises are in good
condition and whether Tenant is complying with its obligations under this Lease; (b) to
inspect the Premises; (c) in connection with Landlord's design and construction planning
respecting Landlord's future use of the Premises; and (d) to post notices of
nonresponsibility. Notwithstanding the foregoing to the contrary, Landlord and its
authorized representatives shall have the right to enter the Premises at any time, and
without notice to Tenant, where an emergency situation necessitates such entry. No
exercise by Landlord of its rights under this Section shall entitle Tenant to any damages for
any injury or inconvenience occasioned thereby or to any abatement of rent or other
amounts payable under this Lease.
19. Surrender of Premises. Upon the expiration or other termination of the term of
this Lease, Tenant agrees to surrender possession of the Premises, and every party
thereof, to Landlord in good order, condition and repair, ordinary wear and tear alone
excepted. "Ordinary wear and tear" does not include any damage or deterioration that
would have been prevented by good maintenance practice or by Tenant performing all
of its obligations under this Lease.
20. Notices. Except as otherwise provided, all notices required or permitted to be
given under this Lease must be in writing and addressed to the parties at their
respective notice addresses set forth below; provided, that notices to Tenant may also
be effectively given in writing and addressed to Tenant at the Premises address.
Notices must be given by personal delivery (including by commercial delivery service) or
by first-class mail, postage prepaid. Notices will be deemed effectively given, in the
case of personal delivery, upon receipt (or if receipt is refused, upon attempted
delivery), and in the case of mailing, three (3) days following deposit into the custody of
the United States Postal Service. The notice addresses of the pariies are as follows:
I . \ :: IS I \ · ·:,p \ · IS I ~ 1 I
If to Landlord:
If to Tenant:
City of Temple City
Attention: City Manager
9701 Las Tunas Drive
Temple City, California 91780
With a copy to:
Eric S. Vail, Assistant City Attorney
Burke, Williams & Sorensen, LLP
2280 Market Street, Suite 300
Riverside, California 92501-2121
Temple City Chamber of Commerce
9050 Las Tunas Drive
Temple City, California 91780
21. Waiver and Release of Benefits. Lessee acknowledges that upon expiration of
the Term, including any extension thereof, or upon termination of any holdover tenancy
(collectively "Expiration of Tenancy"), Lessee might be or become eligible to receive
compensation, reimbursement, assistance, including, but not limited to, the fair market
value of real and personal property, loss of goodwill, loss of profits, actual and
reasonable expenses for moving a business, loss of tangible personal property as a
result of moving the business, expenses incurred in searching for a replacement site for
the business, expenses to reestablish the business at the new site, "in-lieu payments,"
and other such benefits (collectively "Benefits") under the California Relocation
Assistance Act (Government Code §7260, et seq.), Title 25 of the California Code of
Regulations, Article 1, § 19 of the California Constitution, the California Eminent Domain
Law (Code of Civil Procedure §1230.010, et seq.), or other similar local, state, or federal
statute, ordinance, regulation, rule, or decisional law (collectively "Compensatory
Laws"). Lessee further acknowledges that it has received full and fair compensation of
all Benefits Lessee is or might be or might become entitled to recover from the City of
Temple City as a result of, or in any way related to, Expiration of the Tenancy, City's
acquisition of the Premises, and City's occupancy and possession of the Premises.
Therefore, being fully informed of and understanding the acknowledgments made
herein and of Lessee's rights or potential rights to Benefits under the Compensatory
Laws, Lessee hereby expressly and unconditionally waives, and Releases the City
from, any and all rights of Lessee to claim, demand, sue for, or receive any Benefits
which Lessee is or might be or might become entitled to recover from the City as a
result of, or in any way related to, Expiration of the Tenancy, City's acquisition of the
Premises, and City's occupancy and possession of the Premises.
22. General.
(a) The acceptance by Landlord of any rental or other payments due hereunder
with knowledge of the breach of any of the terms, covenants or provisions of this Lease by
Tenant shall not be construed as a waiver of any such breach. The acceptance at any
time or times by Landlord of any sum less than that which is required to be paid by Tenant
shall, unless Landlord specifically agrees otheiWise in writing, be deemed to have been
received only on account of the obligation for which it is paid, and shall not be deemed an
accord and satisfaction notwithstanding any provisions to the contrary written on any
check or contained in any writing transmitting the same.
(b) The titles to the sections of this Lease are for convenience of reference only
and are not a part of this Lease and shall have no effect upon the construction or
interpretation of any part of this Lease. Any exhibits attached to this Lease are, however,
a part of this Lease. This Lease shall be governed by and construed in accordance with
the laws of the State of California, without regard to any otheiWise governing principles of
conflicts of law. In construing this Lease, none of the parties to it shall have any term or
provision construed against it solely by reason of its having drafted the same.
(c) Any provision of this Lease that is invalid, illegal or unenforceable shall be
ineffective to the extent of such invalidity, illegality or unenforceability without invalidating,
diminishing or rendering unenforceable the rights and obligations of the parties under the
remaining provisions of this Lease.
<t?.> . (d) No term or provision of this Lease may be amended, altered, modified or
waived orally or by a course of conduct, but only by an instrument in writing signed by a
duly authorized officer or representative of the party against which enforcement of such
amendment, alteration, modification or waiver is sought. Any amendment, alteration,
modification or waiver shall be for such period and subject to such conditions as shall be
specified in the written instrument effecting the same. Any waiver shall be effective only in
the specific instance and for the specific purpose for which given.
(e) This Lease and all exhibits attached to it constitutes the entire agreement of
the parties with respect to the subject matter hereof and supersedes all prior or
contemporaneous agreements (whether written or oral) with respect to that subject matter.
(f) This Lease may be executed in several counterparts, each of which shall be
deemed an original, but all of which together shall constitute one and the same instrument.
(g) If either party hereto brings an action to enforce the terms hereof or declare
rights hereunder, the prevailing party in such action, on trial or appeal, shall be entitled to
reasonable attorneys' fees to be paid by the losing party as fixed by the court.
The parties have caused this Lease to be duly executed by their respective duly
authorized officers or representatives as of the date first set forth above.
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TEMPLE CITY
CHAMBER OF COMMERCE
[Notary Acknowledgement Required] By: _________ _
President
TEMPLE CITY
CHAMBER OF COMMERCE
[Notary Acknowledgement Required] By: _________ _
Attest:
Peggy Kuo
City Clerk
Approved as to Form:
By:
Eric S. Vail
City Attorney
Secretary
CITY OF TEMPLE CITY
By:
Bryan Cook
City Manager
EXHIBIT "A"
(legal Description of Premises)
That Building located on the Parcel consisting of a portion of Sunny View Tract Land
described in Parcel 3 of Document 919187,052901, portion of Lot 8.
See attached Map "Exhibit B" for further description of the Parcel.
l _\ 11 1.'\ I l-7tJ.; j. IS I 7 \ I
1 ,, ,1.nn 1-N:: 1-1.'-:17, 1
EXHIBIT"B"
(Map Diagram)
PROVIDED ON THE NEXT PAGE
EXHIBIT "8"
ATTACHMENT 8