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HomeMy WebLinkAboutCARIBOU INDUSTRIES, INC, 1AGREEMENT TERMINATION ` Please complete this form when the attached agreement is no longer in effect. Return form to the Deputy Clerk of the Council (M-30). Call 647-6520 if you have any questions. The agreement with C&� A- �9,VO,3 —170 was completed on , c2 % 7 f ot0o and final payment has been made. Department: Signature: A e9 -- l� Date: J �oZ f l t> City of Santa Ana Revised 4-16-87 Clerk of the Council A-2003-170 MONTH-TO-MONTH RENTAL AGREEMENT BETWEEN CITY OF SANTA ANA AND CARIBOU INDUSTRIES INC. 1. PARTIES This Rental Agreement is made and entered by and between Caribou Industries Inc. a ("Landlord") and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the state of California ("Tenant"). La F- r^. J C.' PWA Fire (J2-CONWIP.) F'N 2. PREMISES Landlord does hereby agree to rent to Tenant, and Tenant does hereby agree to rent from Landlord that certain unimproved lot space ("Premises") identified as assessor's parcel no. 398-278-08; said Premises being agreed, for purpose of this Rental Agreement, to have an area of approximately 100 square feet by 125 square feet, being situated, in the City of Santa Ana 92701. 3. TERM OF RENTAL AGREEMENT The term of this Rental Agreement shall be month to month, commencing on the first (1 st) day of July, 2003 and shall extend until terminated. This Agreement may be terminated by either party upon thirty (30) days written notice of termination. 4. RENT a. Rental Payments: Tenant agrees to pay to Landlord as rental, the sum of one thousand two hundred fifty dollars ($1,250.00), upon execution of this agreement and a like sum on or before the tenth day of each and every successive calendar month thereafter. Rent for any period during the rental term which is less than one (1) month shall be a prorated portion of the monthly installment herein, based upon a thirty (30) day month. 5. USE Tenant shall use the Premises for storage of vehicles and equipment, and shall not use or permit the Premises to be used for any other purpose without the prior written consent of Landlord. 6. REPAIRS Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair, damage thereto from causes beyond the reasonable control of Tenant and ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Rental Agreement, surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. 7. ASSIGNMENT AND SUBLETTING Tenant shall not, either voluntarily or by operation of law, assign, transfer, mortgage, pledge, or encumber this Rental Agreement or any interest therein, and shall not sublet said Premises or any part thereof, or any right or privilege appurtenant thereto, or allow any other person (the employees, agents, servants, and invitees of Tenant excepted) to occupy or use said Premises, or any portion thereof, without the prior written consent of the Landlord. 8. SUBROGATION As long as their respective insurers so permit, Landlord and Tenant hereby mutually waive their respective rights of recovery against each other for any loss insured by fire, extended coverage and other property insurance policies existing for the benefit of the respective parties. Each party shall obtain any special endorsements, if required by their insurer to evidence compliance with the aforementioned waiver. 9. ENTRY BY LANDLORD OR REPRESENTATIVE Landlord as well as Landlord's representatives (prospective buyers) of said Premises reserves and shall at any and all times have the right to enter the Premises for the purposes of inspection, conducting reasonable engineering studies, surveys and environmental investigations, or supplying janitorial service and any other service to be provided by Landlord to Tenant hereunder, and to alter, improve, or repair the Premises, providing that the business of the Tenant shall not be interfered with unreasonably. 10. RECONSTRUCTION In the event that the Premises are damaged by fire or other perils covered by extended coverage insurance, Landlord agrees to forthwith repair the same; and this Rental Agreement shall remain in full force and effect, except that Tenant shall be entitled to a proportionate reduction in rent, to be based upon the extent to which the making of such repair shall materially interfere with the business carried on by the Tenant in the Premises. In the event that the Premises are damaged as a result of any cause other than the perils covered by fire and extended coverage insurance, then Landlord shall repair the same, provided the extent of the destruction be less than ten percent (10%) of the then full replacement cost of the Premises of which the Premises are a part. hi the event the destruction of the Premises is greater than ten percent (10%) of the full replacement cost, then Landlord shall have the option: (1) to repair or restore such damage, this Rental Agreement continuing in full force and effect, but the rent to be proportionately reduced as hereinabove in this article provided; or (2) give notice to Tenant within thirty days (30) of the damage, at which time this Rental Agreement shall expire and all interests of the Tenant in the Premises shall terminate on the date so specified in such notice and the rent, reduced by a proportionate amount based upon the extent, if any, to which such damage materially interfered with the business carried on by the Tenant in the Premises, shall be paid up to the date of such termination. 11. DEFAULT, REMEDIES A. Default. The occurrence of any one or more of the following events shall constitute a default under this Rental Agreement by Tenant: 1. Non -curable defaults: a) The vacating or abandonment of the Premises by Tenant. b) Any attempted or involuntary transfer of Tenant's interest in this Rental Agreement without Landlord's prior consent. c) If Tenant makes, or has made, or furnishes any warranty, representation or statement to Landlord in connection with the Rental Agreement which is or was false or misleading in any material respect when made or furnished. 2. Curable defaults: a) The failure by Tenant to make any payment of rent or any other payment required to be made by Tenant hereunder, as and when due, where such failure shall continue for a period of three (3) days after written notice thereof by Landlord to Tenant, this Rental Agreement shall be terminable at Owner's option, in accordance with the procedures established in the Code of Civil Procedure, section 1161. b) The failure by Tenant to observe or perform any of the covenants, conditions, or provisions of this Rental Agreement to be observed or performed by the Tenant, other than the payment of rent, where such failure shall continue for a period of thirty (30) days after written notice thereof by Landlord to Tenant; provided; however, that if the nature of Tenant's default is such that more than thirty (30) days was reasonably required for its cure, then Tenant shall not be deemed to be in default if Tenant commences such cure within said thirty (30) day period, and thereafter diligently prosecutes such cure to completion. B. Remedies. In the event of any non -curable default or breach by Tenant, or a curable default which is not timely cured, Landlord shall have the right to terminate this Rental Agreement and Tenant's right to possession of the Premises, and Tenant shall immediately surrender possession of the Premises to Landlord. If Landlord terminates this Rental Agreement and Tenant's right to possession for the Premises, Landlord may recover from Tenant: the worth at the time of award of the unpaid rent which was due, owing and unpaid by Tenant to Owner at the time of termination. 12. GENERAL PROVISIONS Waiver. The waiver by Landlord of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant, or condition on any subsequent breach of the same or any other term, covenant, or condition herein contained. The subsequent acceptance of rent hereunder by Landlord shall not be deemed to be a waiver of any preceding breach by Tenant of any term, covenant, or condition of this Rental Agreement, other than the failure of the Tenant to pay the particular rental so accepted, regardless of Landlord's knowledge of such preceding breach at the time of the acceptance of such rent. Time. Time is of the essence of this Rental Agreement, and each and all of its provisions in which performance is a factor. Successors and Assigns. The covenants and conditions herein contained, subject to the provisions as to assignment, apply to and bind the heirs, successors, executors, administrators, and assigns of the parties hereto. Quiet Possession. Upon Tenant paying the rent reserved hereunder, and observing and performing all of the covenants, conditions, and provisions on Tenant's part to be observed and performed hereunder, Tenant shall have quiet possession of the Premises for the entire term hereof, subject to all the provisions of this Rental Agreement. Prior Agreements. This Rental Agreement contains all of the agreements of the parties hereto with respect to any matter covered or mentioned in this Rental Agreement, and no prior agreements or understanding pertaining to any such matters shall be effective for any purpose; no provision of this Rental Agreement may be amended or added to except by an agreement in writing signed by the parties hereto or their respective successors -in - interest. This Rental Agreement shall not be effective or binding on any party until fully executed by both parties hereto. Inability to Perform. This Rental Agreement and the obligations of the Tenant hereunder shall not be affected or impaired because the Landlord is unable to fulfill any of its obligations hereunder, or is delayed on doing so, if such inability or delay is caused by reason of strike, labor troubles, acts of God, or any other cause beyond the reasonable control of the Landlord. Severability. Any provision of this Rental Agreement which shall prove to be invalid, void, or illegal shall in no way affect, impair, or invalidate any other provision hereof, and such other provision shall remain in full force and effect. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity. Choice of Law. This Rental Agreement shall be governed by the laws of the state of California, with venue in the courts of Orange County. 13. NOTICES All such notices and demands which may or are to be required or permitted to be given by either party to the other hereunder shall be in writing. All notices and demands sent by either party shall be sent by United States Postal Service, postage prepaid, addressed as follows: To Tenant-- To Landlord -- City of Santa Ana Caribou Industries Inc. 1439 South Broadway M-80 1200 N. Main Santa Ana, California 92702 Suite 900. Attn: Fire Chief Santa Ana, CA 92701 A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. IN WITNESS WHEREOF, the parties hereto have executed this Rental Agreement on this the day of 2003. ATTESr_� Y CITY OF TA ejlz� 15'atricia E. Healy David N. Ream Clerk of the Council City Manager APPROVED AS TO FORM: Joseph W. Fletcher City Attorney L L V BY: Michael Vigliotga Deputy City Attorney RECOMMENDED FOR APPROVAL: "Tenant" g/Fire Chief