Contract No. 2023-___
LEASE
BETWEEN: The Culver City Transportation Department and the City of Culver City
FOR: Lease of a Portion of 4343 Duquesne Avenue, California 90232
THIS LEASE is made and entered into by and between the CULVER CITY TRANSPORTATION DEPARTMENT, hereinafter referred to as " Transportation", and the CITY OF CULVER CITY, a municipal corporation, hereinafter referred to as “Lessee” for use of the Transportation Building at 4343 Duquesne Avenue, Culver City, California 90232 (the “Facility”).
1. PREMISES LEASED AND USE THEREOF. The Facility contains several separate rooms , warehouse space s, and parking facilities . The Culver City Finance Department occupies a portion of the first floor warehouse space, a small office on the first floor, a separate mezza nine warehouse space, a mezzanine office area, and seven parking spaces. For purposes of this Agreement , the space o ccupied by the Culver Cit y Finance Department shall be defined as the “Premises” which are further described in Exhibit “A”. Transportation hereby agrees to le ase, exclusively, to Lessee the Premises for work/office space.
2. TERM OF LEASE . Unless terminated as provided herein, the initial term of this Lease shall be from July 1, 2023 until June 30, 2028, (the “Initial Term”). At the conclusion of the I nitial Term and unless otherwise terminated as provided herein , this L ease w ill automatically renew , annually, for additional one -year terms; provided, that Lessee provides written notice to Transportation of its i ntent to renew this Lease on or before the April 1st immediately preceding each renewal period.
3. CONSIDERATION FOR LEASE . In consideration of this Lease, Lessee shall pay Transportation a sum of $11,800 per m onth (“Monthly Rent ”).
The Monthly Rent shall be increased by 3% annually starting July 1, 2024.
4. HOLD HARMLESS.
a. Transportation shall indemnify, defend and hold harmless Lessee, its officers, directors, employees and agents from and against any and all claims (including attorney’s fee s and reasonable expenses for litigation or sett lement) for any loss or damages, bodily inj uries, including death, worker’s compensation subrogation claims, damage to or loss of use of property arising from or alleged to be caused by (i) the negligent acts , omissions or willful misconduct by Transportation, its officers, direc tors, employees or agents in connection with or arising out of the performance of this Lease, (ii)
breach of this Lease by Transportation, its office rs, directors, employees and agents.
b. Lessee shall indemnify, defend and hold harmle ss Transportation, its officers, directors, employees and age nts from and against any and all claims (including attorney’s fees and reasonable expenses for litigation or set tlement) for any loss or damages, b odily injuries, including death, worker’s compen sation subrogation claims, damage to or loss of use of proper ty arising from or alleged to be caused by (i) the negligent acts, omissions or willful misconduct by Lessee, it s officers, directors, employees or agents in connection with or arising out of the performance of this Lease, or (ii) breach of this Lease by Lessee, its officers directors employees and agents.
5. INTENTIONALLY OMITTED.
6. NONDISCRIMINATION. Lessee certifies and agrees that all persons employed by Lessee and/or by the affiliates, subsidia ries, or holding companies thereof are and shall be treated equally without regard to or because of race, ancestry, national origin, gender or sexual orientation, and in compliance with all Federal and State laws prohibiting discrimination in employment, including but not limited to the Federal Civil Rights Act of 1964; the Unruh Civil Rights Act; the Cartwright Act; the State Fair Employment Practices Act; and the Americans with Disabilities Act.
7. APPLICABLE LAWS, CODES AND REGULATIONS . The Parties shall comply with all applicable Fede ral, State and local laws, codes and regulations.
8. MODIFICATION OF LEASE . This Lease may not be modified, nor m ay any of the terms , provisions or conditions be modified or waiv ed or otherwise affected, except by a written am endment signed by all parties hereto.
9. RIGHT TO TERMINATE . Either Party may terminate this Lease at any time, upon written notice to the other party; provided, that such termination shall be effective upon the thirtieth (30th) day after the date of the notice.
10. NOTICES. All notices given or required to be given pursuant to this Lease shall be in writing and may be given by personal delivery o r by mail.
Notice sent by mail shall be addressed as follows:
To Transportation: City of Culver City Transportation Department Attn: Diana Chang , Chief Transportation
Officer
4343 Duquesne Avenue
Culver City, CA 90232
To Lessee: City of Culver City
Attn: Lisa Soghor, Chief Financial Officer
9770 Culver Blvd.
Culver City, CA 90232
11. WAIVER. If at any time one party shall waive any term, provision or condition of this Lease, either before or after any breach thereof, no party shall thereafter be deemed to have consented to any future fa ilure of full performance hereunder.
12. GOVERNING LAW . The terms of this Lease shall be interpreted according to the laws of the State of California. If litigation arises out of this Lease, then the parties shall attempt to mediate the dispute, in good faith, prior to tak ing any other action. If mediation is unsuccess ful, the parties may agree to arbitrate the dispute in accordance with the rules of the American Arbitration Association . I f either party doe s not agree to arbitration or is unsatisfied with the results of t he arbitration, then venue shall be in the Superior Court of Los Angeles County.
13. LITIGATION FEES . If litigation arises out of this Lease for the performance thereof, then the court shall award reasonable costs and expenses, including attorney's fees, to the prevailing party.
14. INTEGRATED AGREEMENT . This Lease represents the entire Agreement between Transportation and Lessee regarding the subject matter hereof , and all preliminary negotia tions and agreements are deemed a part of this Lease. No verbal a greement or im plied covenant shall be held to va ry the provisions of thi s Lease. This Lease shall bind and inure to the benefit of the parties to this Lease, and any subsequent successors and assigns.
15. SEVERABILITY. If any section, paragraph, sentenc e, clause, phr ase or portion of this Lease is de emed invalid, then that invalidity shall not affect the validity of the remainder of this Lease.
16. AUTHORITY TO ENTER INTO LEASE. The individua l(s) executing this Lease on behalf of each party is (are) authori zed to execute this Lease on behalf of said part y. Each party has taken all actio ns required by law to approve the execution of this Lease.
17. EFFECTIVE DATE. The effective date of this Lease is January 1, 2023, and this Lease shall remain in full force and effect until amended or terminated; provided, t hat the indemnification and ho ld harmless provisions shall survive the termination.
CULVER CITY TRANSPORTATION DEPARTMENT
Dated:_______________ By_________________________________ Diana Chang, Chief Transportation Officer
CITY OF CULVER CITY, CALIFORNIA
Dated:_______________ By_________________________________ John Nachbar, City Manager
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
___________________________ ___________________________ Lisa Soghor, Chief Financial Officer Heather Baker, City Attorney
Exhibit “A”
Description of Premises
FIRST FLOOR LEASE AREA FLOOR PLAN
MEZZANINE LEASE AREA FLOOR PLAN