HomeMy WebLinkAboutBrown,Carolyn S. Lease Agreement -(APN 510-120-13) - 11-16-23 LEASE AGREEMENT
4919 North Polk Avenue, Fresno, CA
THIS LEASE AGREEMENT (Lease) is made and entered into this 16 day of
lUov f- 2023 (Effective Date), by and between CAROLYN S. BROWN,
1818 E. Fir Avenue #105, Fresno, California 93720, (LESSOR), and the CITY OF
FRESNO, a municipal corporation, 2600 Fresno Street, Fresno, California 93721
(LESSEE).
1. LEASED PREMISES. LESSOR hereby leases to LESSEE the subject
property known as APN 510-120-13, located at 4919 North Polk Avenue, in the City of
Fresno, County of Fresno, State of California, containing a lot of land approximately 7,020
square feet in size, and residential living space approximately 1,320 square feet in size,
and more particularly described in the legal description attached as Exhibit A and depicted
on Exhibit B, attached hereto and incorporated by this reference, (Premises).
2. INTENTION. It is the intent of the LESSEE to acquire the Premises to have
possession while escrow is pending. LESSOR agrees to this objective by allowing
LESSEE to lease and pay rent for the Premises with the understanding that the Premises
shall remain vacant. LESSOR further guarantees it will not re-rent or allow any occupancy
of the Premises.
2. TERM. The term of this LEASE shall begin on September 8, 2023, and
shall terminate at the time LESSEE obtains ownership or legal possession of the
Premises. The term shall not exceed one year from the Effective Date. The Parties may
agree, in writing, to extend the term of the Lease up to one year for the same rental
payment. All monthly rent payments shall be payable in advance at the LESSOR'S
address set forth in this LEASE. In consideration of the rent to be paid under this I-EASE,
LESSOR certifies that the Premises is and shall remain vacant until escrow is closed and
title of the Property is transferred to LESSEE.
3. RENT. LESSEE agrees to pay a monthly rental payment of ONE
THOUSAND SEVEN HUNDRED NINETEEN dollars ($1,719.00) on or before the Sixth
day of the month. LESSEE is responsible for payment of any additional utilities, such as
water, sewer, garbage, gas, and electricity.
Rent payable hereunder for any period of time less than one month shall be
determined by prorating the monthly rental rate herein specified on the actual number of
days in the month.
4. MAINTENANCE. Except for damage caused by the negligent or willful acts
of LESSEE, its agents or employees, LESSOR shall be responsible for the structural
condition of the Premises and for all exterior and interior maintenance, including but not
limited to the air conditioning, heating, roof, painting, landscaping and parking lot. The
exterior of the Premises shall not appear to be in disrepair. LESSOR shall make any
repairs promptly, with first class materials, in a good and workmanlike manner, and in
compliance with all applicable laws of all governmental authorities and in a style,
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character, and quality conforming to the existing construction. LESSOR covenants that
the Premises shall be maintained in substantially the same condition as that existing at
the commencement of this LEASE.
5. BREACH OF OBLIGATION TO MAINTAIN. In the event LESSOR
breaches its obligation to maintain the Premises as herein provided. LESSEE shall give
written notice to LESSOR within fifteen (15) days of the discovery of such breach.
LESSOR shall then have fifteen (15) days from the date of notice to cure its breach. If
the period for cure expires and if, in LESSEE'S sole determination, LESSOR has failed
to cure, then LESSEE may, at its election:
(A) Terminate this LEASE immediately upon written notice to LESSOR.
In such case, LESSEE shall have the right to demand LESSOR refund any monies
which, in the judgment of LESSEE, were paid to LESSOR pursuant to the LEASE
but which were not earned by LESSOR by consequence of its breach. Upon
receipt of such demand, LESSOR shall promptly refund all such monies.
OR
(B) Cure LESSOR'S breach and deduct the cost of such cure, together
with reasonable administrative costs, from LESSEE'S future rent obligation.
LESSEE'S decision to cure LESSOR'S breach shall not constitute a waiver of any
rights or remedies that LESSEE may have arising from this LEASE or by operation
of law.
6. DESTRUCTION OR DAMAGE FROM CASUALTY. In the event the
Premises or any essential part thereof are damaged or destroyed as a result of fire,
earthquake, act of God, or any other identifiable event of a sudden, unexpected, or
unusual nature (hereinafter referred to as "Casualty"), this LEASE shall, in the case of
total destruction of the rented premises, immediately terminate and, in the case of a partial
destruction or damage, shall terminate at the option of LESSEE upon giving notice, in
writing, to LESSOR within fifteen (15) days after such Casualty, and no rent shall accrue
or be payable to LESSOR after such termination. In the event of any such destruction,
the rent amount as herein provided shall be reduced by the number of units destroyed or
by the same ratio as the square footage LESSEE is precluded from renting, whichever is
more applicable.
(A) LESSOR'S Election to Repair: If a LESSOR elects to repair the
Casualty damage to the Premises, then it shall within fifteen (15) days after the
date of Casualty provided written notice (hereinafter"Notice of Repair")to LESSEE
indicating the anticipated time required to repair. LESSOR shall bear the cost of
all repairs to the Premises, including the cost to repair any alterations or fixtures
installed or attached thereto by LESSEE. Such repairs shall restore the Premises
to substantially the same condition as that existing at the commencement of this
LEASE; such repairs shall also be made in compliance with all applicable state
and local building cost. LESSOR shall not be liable to LESSEE for compensation
for any loss of business, or any inconvenience or annoyance arising from repair of
the Premises as a result of Casualty except for rent reduction as hereinafter
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provided. LESSEE shall be responsible at its sole cost and expense for the
replacement of its personal property.
(B) LESSOR'S election to Terminate Due to Casualty: LESSOR may
only elect to terminate the LEASE due to casualty if: the Premises have been
destroyed or substantially destroyed by said casualty; and the estimated time to
repair the Premises exceeds sixty (60) days from the date of Casualty. LESSOR
shall provide LESSEE with written notice of its election to terminate within fifteen
(15) days after the date of Casualty.
(C) LESSEE'S Election to Terminate Due to Casualty. If LESSEE does
not receive a Note of Repair from LESSOR within fifteen (15)days after a Casualty,
or if the anticipated period of repair contained in the Notice of Repair exceeds sixty
(60) days, then LESSEE may elect to immediately terminate this LEASE upon
written notification to LESSOR. In such case, LESSEE shall have the right to
demand that LESSOR refund any monies which, in the judgement of LESSEE,
were paid to LESSOR pursuant to the LEASE but which were not earned by
LESSOR by consequence of the Casualty. Upon receipt of such demand,
LESSOR shall promptly refund all such monies.
7. CONSTRUCTION-RELATED ACCESSIBILITY STANDARDS.
A. LESSOR certifies that the Premises have not been inspected by a
Certified Access Specialist (CASp).
B. If the Prem;ses have been inspected by CASp,
11) LESSOR states that the Premises have not been determined
to meet_all applicable construction-related accessibility standards pursuant
to Civil Code Section 55.53. LESSEE a copy of the report prepared by the
CASP (and, if applicable, a copy of the disability access inspection
certificate) as specified below.
2) (i) LESSEE has received a copy of the report at least 48
hours before executing this LEASE. LESSEE has no right to rescind the
LEASE based upon information contained in the report.
OR
(ii) Lessee has received a copy of the report prior to, but
no more than, 48 hours before, executing this LEASE. Based upon
information contained int eh report, Lessee has 72 hours after execution of
this LEASE to rescind it.
OR
(iii) Lessee has not received a copy of the report prepared
by the CASp prior to execution of this LEASE. LESSOR shall provide a copy
of the report prepared by the CASp (and, if applicable, a copy of the disability
access inspection certificate) within 7 days after executing this LEASE.
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LESSEE shall have up to 3 days thereafter to rescind the LEASE based upon
information in the report.
C. If the Premises have not been inspected by a CASp or a certificate was not
issued by the CASP who conducted the inspection,
"A Certified Access Specialist (CASp) can inspect the subject
premises and determine whether the subject premises comply with
all of the applicable construction-related accessibility standards
under state law. Although state law does not require a CASp
inspection of the subject premises, the commercial property owner
or LESSOR may not prohibit the LESSEE from obtaining a CASp
inspection of the Premises for the occupancy or the potential
occupancy of Lessee, if requested by Lessee. The parties shall
mutually agree on the arrangements for the repairs necessary to
correct violations of construction-related accessibility standards
within the premises."
8. NCTICE OF TERMINATION. If pursuant to the terms provided herein,
either LESSOR or LESSEE has an election to terminate the LEASE and so elects, then
notice of such termination shall be made in writing to the non-terminating party. In the
case of LESSEE, the City Manager or their designee, shall have the power to provide
such notice.
9. NCN-FENDING TER-MIRATION. This LEASE is contingent on the
appropriation of funds by the LESSEE'S governing body. Should funds not 'bD
appropriated sufficient for LESSEE'S continued performance under this LEASE during
any City of Fresno Fiscal Year of this Agreement, or insufficient funding for the Project,
this LEASE may be terminated by the City Manager or their designee, at any time, by
giving at least ninety (90) days prior .vritten notice to LESSOR.
12. SURRENDER OF POSSESSION. Upon the expiration of termination of this
LEASE, LESSEE will surrender the Premises to LESSOR in such condition as existing at
the commencement of this LEASE less reasonable wear and tear, less the effects of any
Casualty as herein defined, and less the effects of any breach of LESSOR'S covenant to
maintain. LESSEE will not be responsible for any damage which LESSEE was not
obligated hereunder to repair.
13. RIGHT OF ENTRY. LESSOR, or its representative(s), upon giving 24 hours
written notice, shall have the right to enter the Premises at any time during business
hours, or at such other time as LESSEE deems appropriate, to make any altercations,
repairs or improvements to the Premise. The normal business of LESSEE or its invitees
shall not be unnecessarily inconvenienced.
14. AMENDMENT. This LEASE may be amended in writing by the mutual
consent of the parties without in any way affecting the remainder.
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15. NON-ASSIGNMENT. LESSEE shall not assign, transfer, or sub-lease this
LEASE, or the rights or duties under this LEASE, without the prior written consent of
LESSOR, which consent will not be unreasonably withheld.
16. GOVERNING LAW. Venue for any action arising out of or relating to this
LEASE shall be in Fresno County, California. This LEASE shall be governed by the laws
of the State of California.
17. ATTORNEY'S FEES. In the event of a claim by either party for breach of,
or failure to perform, or any inaccuracy in, any of the representations, warranties,
covenants, or agreements contained in this LEASE, then in any action or proceeding the
prevailing party shall be entitled to be reimbursed for all costs, fees, and expenses
incurred in connection with prosecuting or defending such claim, including reasonable
attorneys' fees.
18. NOTICES. All notices, demands, requests, exercise, and other
communications under this LEASE by either party shall be in writing and:
(A) Sent by United States Certified Mail, return receipt requested, in
which case notice shall be deemed delivered three (3) business days after deposit,
postage prepaid in the United States mail, or
(B) Sent by a nationally recognized overnight courier, in which case
notice shall be deemed delivered one (1) business day after deposit with that
courier, as follows:
LESSEE:
City of Fresno, Capital Projects Department
Attn: Business Manager
2600 Fresno Street
Fresno, CA 93721
LESSOR
Carolyn S. Brown
1818 E. Fir Avenue #105
Fresno, CA 93720
Or to such person or at such other place as either Party may from time to time designate
by written notice to the other Party.
19. EXHIBITS. Each exhibit and attachment referenced in this LEASE is
incorporated into and made a part of this LEASE.
20. BINDING ON SUCCESSORS. All rights and obligations herein given to, or
imposed upon, the respective parties hereto shall extend to and bind the respective heirs,
executors, administrators, successors and assignees of said parties; and if there shall be
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more than one LESSEE, they shall all be bound jointly and severally by the terms,
covenants and agreements herein.
21. QUIET POSSESSION. Upon LESSEE keeping, observing and performing
all of the covenants, conditions, promises and provisions on LESSEE'S part to be kept,
observed or performed hereunder, LESSEE shall have quiet possession of the Premise
during the term hereof and any extensions thereto subject to all of the provisions of this
LEASE.
22. ENTIRE LEASE. This LEASE constitutes the entire LEASE between the
LESSOR and LESSEE with respect to the subject matter hereof and supersedes all prior
leases, negotiations, proposals, commitments, writings, advertisements, publications and
understandings of any nature whatsoever unless expressly referenced in this LEASE.
THE REST OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
SIGNATURES APPEAR ON NEXT PAGE.
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IN WITNESS WHEREOF, the parties have caused this LEASE to be executed by their
authorized representatives as of the date first above written.
LESSEE: LESSOR:
CITY OF FRESNO, CAROLYN S. BROWN
A California municipal corporation
By: �__ AS,
By:
lGrgeanne A. White
Name:
City Manager
APPROVED AS TO FORM: REVIEWED BY:
ANDREW JANZ
City Attor y
By: ! ? 2
Kel Seib Date
De y City Attorney
ATTEST:
TODD STERMER, CMC
City C -
lerk
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B : �-� 1Z1�-L,70'13
`'Dwm� �C Date
Deputy
Addresses:
CITY: LESSOR:
City of Fresno Carolyn S. Brown
Attention: Nancy Bruno 1818 E. Fir Avenue #105
Supervising Real Estate Agent Fresno, CA 93720
2600 Fresno Street Phone: 559-767-2035
Fresno, CA 93721 E-mail: hluie(aD-ymail.com
Phone: (559) 621-8696
E-mail: nancy.bruno@fresno.gov
Attachments:
Exhibit A - Premises
Exhibit B -Area Map
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EXHIBIT"A"
APN 510-120-13
Grant Deed
Lot 11 of map of Graham Tract per map thereof Recorded in Volume 13 of Plats, at Page
70, Fresno County Records, in the City of Fresno, County of Fresno, State of California.
Containing an area of 7,087 square feet, more or less.
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Exhibit A to Agreement, page 1 of 1
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LOCATION MAP EXHIBIT "B"
City of Polk Ave Widening - Gettysburg to
FnI-o:: Shaw Westside Project
DEPARTMENT OF NORTH
Limits
PUBLIC WORKS Project ID: PWO0796 0
Council District: 1 Parcel