HomeMy WebLinkAboutWahlund Construction 2022-05-151
City of Ukiah
300 Seminary Ave.
Ukiah, CA 95482
LEASE AGREEMENT
This lease is made and entered into on ________________, by and between the City of
U kiah ("Landlord") whose address is 300 Seminary Ave. Ukiah, CA 95482 and
Wahlund Construction, ("Tenant") whose physical address is 830 Hilma Drive, Eureka,
CA 95503 (mailing address: PO Box 6486 Eureka, CA 95502), who agree as follows:
Landlord, for and in consideration of the rent to be paid by Tenant and of the Covenants
and Provisions to be kept and performed by Tenant under this lease, hereby leases to
Tenant, and Tenant agrees to lease from Landlord, those certain premises situated at 124
Leslie Street in the City of Ukiah in the County of Mendocino, State of California, for
outside storage of construction materials, equipment and temporary construction jobsite
trailers.
ORIGINAL TERM:
1.This lease shall begin at 12:01 a.m., on _________________ ("Commencement
Date").
RENT:
2.Tenant shall pay Landlord as monthly rent the sum of $500.00 per month in
advance, on or before the first day of each month.
3.All rent shall be paid to the Landlord at the address to which notice s to Landlord
are given.
4.If Landlord is for any reason not able to deliver possession of the premises to
Tenant by the date specified for the commencement of the term as a result of
causes beyond its reasonable control, Landlord shall not be liable for any
damages caused for failing to deliver possession, and this lease shall not be void
or voidable . Tenant shall not be liable for rent until Landlord delivers possession
of the premises to Tenant.
SECURITY DEPOSIT: None.
ASSIGNMENT, USE &ACCEPTANCE:
5.Tenant shall not voluntarily assign or encumber its interest in this lease or
in the premises , or sublease all or any part of the premises, or allow any
person or entity (except Tenants authorized representatives) to occupy or
use all or part of the premises, without first obtaining Landlord 's consent.
Any assignment, encumbrance, or sublease without Landlord's consent
shall be voidable and, at Landlord's election, shall constitute a default.
Tenant shall use the premises for storage of construction materials and
equipment but for no other use without Landlord's consent.
Tenant's taking possession of the premises shall constitute Tenant's
acknowledgement that the premises are in good condition.
5/15/2022
COU No. 2122-236
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PERSONAL PROPERTY TAXES & UTILITIES:
6.Tenant shall pay before delinquency all taxes, assessments, license fees, and
any other charges ("taxes") that are levied and assessed against Tenant's
personal property installed or located in or on the premises , and that
become payable during the term. Tenant shall make all arrangements and
pay for all utilities and services to or used by it, Including Trash collection.
WASTE:
7.Tenant shall not use any of the premises in any manner that will constitute
waste, nuisance, unreasonable annoyance, or for any unlawful purpose.
Tenant shall not do anything on the premises that will cause damage.
Tennant will clean the site of any trash or debris when term expires.
TENANT'S DEFAULT:
8.The occurrence of any of the following shall constitute a default by Tenant ;
a.Failure to pay rent when due;
b.Abandonment and vacation of the premises (failure to occupy or operate
the premises for 30 consecutive days shall be deemed an abandonment and
vacation);
c.Failure to perform any other provisions of this lease if the failure to
perform is not cured with ten (10) days after notice has been given to
Tenant.
d.In the event of any default by Tenant under this lease, in addition to any other
remedies available to Landlord at law or equity, the Landlord shall have the
right to terminate this lease and all rights of Tenant hereunder by giving
written notice of termination.
LANDLORD'S RIGHT TO CURE TENANT'S DEFAULT:
9.Landlord, at any time after Tenant commits a default, can cure the default at
Tenant's cost. If Landlord at any time, by reason of Tenant's default , pays
any sum or does any act that requires the payment of any sum, the sum paid
by Landlord shall be due immediately from Tenant to Landlord at the time the
sum is paid, and if paid at a later date shall bear interest at the maximum rate
an individual is permitted by law to charge from the date the sum is paid by
the Landlord until Landlord is reimbursed by Tenant.
WAIVER OF BREACH:
10.The waiver by Landlord of any breach by Tenant of any of the provisions of
this lease shall not constitute a continuing waiver or a waiver of any subsequent
breach by Tenant either of the same or another provision of this lease.
LANDLORD'S RIGHT TO RELET:
11.In the event Tenant breaches this lease, Landlord may enter on and relet the
premises to a third party or third parties, for any term, at any rental, and on
any other terms and conditions that Landlord in its sole discretion deem
advisable.
INSURANCE HAZARD:
12.Tenant shall not commit or permit the commission of any act on the premises
or use or permit the use of the premises in any manner, which will increase the
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existing rates for or cause the cancellation of any fire, liability, or other
insurance policy insuring the premises or the improvements on the premises.
Tenant shall, at its own cost and expense, comply with any and all
requirements of Landlord's insurance carriers.
HOLD HARMLESS:
13.Tenant agrees to protect, indemnify, and hold Landlord and The City of Ukiah
harmless from and against any and all liability resulting from Tenant's occupation
and use of the premise, specifically including but not limited to, any claims,
liability, loss, and/or damage. Tenant should be aware that Landlords insurance
does not cover any contents belonging to tenant.
INSURANCE:
14.Tenant shall, at its own cost and expense, procure and maintain during the entire
Term of the lease, public liability insurance and property damage insurance
issued by an insurance company acceptable to Landlord and insuring Landlord
against loss or liability caused by or in connection with Tenant's occupation and
use of the premises under this lease with a single combined liability limit of
$1,000,000.00 each occurrence and property damage limits of not less than
$300,000.00. Landlord shall be named as additional insured under said
coverage.
TENANT'S PERSONAL PROPERTY:
15.Tenant shall, during the full term of this l ease and any renewals or extensions
thereof, maintain at Tenant's own cost and expense an insurance policy issued
by a reputable company authorized to conduct insurance business in California
insuring for their full insurable value all fixtures and equipment and, to the
extent possible, all merchandise that is, at any time during the term of this lease,
in or on the premises against damage or destruction by fire, theft, or the
elements.
16.If the Landlord elects to terminate this lease under any of the above
circumstances, Landlord shall give written notice to Tenant not later than
thirty (30) days after the occurrence of the casualty.
CONDEMNATION:
17.If the premises are totally taken by condemnation, this lease shall terminate on
the date of taking.
LIENS:
18.Tenant shall keep the premises free and clear from any and all liens, claims, and
demands for work performed, materials furnished, or operations conducted on
the premises at the insistence or request of Tenant.
SURRENDER OF PREMISES:
19.On expiration or earlier termination of this lease, Tenant shall promptly deliver and
surrender the premises to Landlord in as good of condition as they are now at the
date of this lease, excluding reasonable wear and tear.
ATTORNEY FEES:
20.If either party commences an action against the other party, arising out of or in
connection with this lease, the prevailing party shall be entitled to have and
recover from the losing party, reasonable attorney's fees and cost of suit.
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TIME OF ESSENCE:
21.Time is of the essence of each provision of this lease.
SOLE AND ONLY AGREEMENT:
22.This instrument constitutes the sole and only agreement between Landlord and
Tenant respecting the premises, the leasing of the premises to tenant or the terms
created under this lease, and correctly sets forth the obligation of Landlord and
Tenant to each other as of this date.
PARTIAL INVALIDITY:
23.If any provision of this lease is held by a court of competent jurisdiction to be
invalid, void, or enforceable, the remaining provisions of this lease shall remain
in full force and effect unimpaired by the holding.
NOTICES:
24.Except as otherwise expressly provided by law, any and all notices or other
communications required or permitted by this lease or by law to be served or
given to either party to this lease by the other party to this lease shall be in writing
and shall be deemed duly served and given when personally delivered to the
parties to whom they are directed, or in lieu of personal service, when they are
deposited in the U.S. Mail, certified, addressed to Tenant. Either party, Tenant or
Landlord, may change its address for the purpose of this section by giving written
notice of that change to the other party in the manner provided in this section.
____________________________ ______ ___________________________ ______
Ryan Wahlund (Wahlund Construction) Date City of Ukiah Representative Date
5/3/22 May 16, 2022