LQ Arts Association/Sub Lease 99c:\LQC(JFC\SUBL&Ase
SUBLEASE
Sublease agreement entered into by and between the LA
QUINTA CHAMBER OF COMMERCE, a California nonprofit corpora-
tion ("Tenant"), and LA QUINTA ARTS ASSOCIATION ("Sub-
tenant"), and consented to by the CITY OF LA QUINTA ("Land-
lord").
SUBLEASE: Subject and subordinate to the terms and
conditions of that certain Lease ("Master Lease") dated as of
July 2, 1991, by and between the CITY OF LA QUINTA and Ten-
ant, which Master Lease by this reference is incorporated
herein and by this reference made a part of this Sublease and
on the further terms and conditions of this Sublease, the
Subtenant agrees to sublease from Tenant, and the Tenant
agrees to sublease to Subtenant the right to use along with
Tenant the land and the right to use portions of the build-
ing, as hereinafter described, which land and buildings
comprise the property ("property") commonly known as 51-351
Avenida Bermudas, La Quinta, California 92253.
RELATIONSHIP WITH MASTER LEASE: The terms, conditions
and respective obligations of Tenant and Subtenant to each
other under this Sublease shall be subject to the terms and
conditions of the Master Lease except for those provisions of
the Master Lease which are directly contradicted by this
Sublease in which event the terms of this Sublease shall
control over the Master Lease.
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SUBLEASE PERIOD: This Sublease shall commence on Octo-
ber 1, 1999 and shall continue until June 30, 2000 and shall
thereafter continue on a July 1 to June 30 year-to-year ba-
sis. This Sublease may be terminated at any time by either
party by giving the other party written notice thereof sixty
(60) days prior to the effective termination date.
USE OF PROPERTY: Tenant and Subtenant shall each be
entitled to use the land on the property which surrounds the
building on the property. The Tenant shall be entitled to
the exclusive use of the two back offices which shall be
referred to as the Chamber offices. The Subtenant shall be
entitled to use the remainder of the building on the prop-
erty. The Tenant, its invitees, customers, and the like,
shall be entitled to pass through the Subtenant's portion of
the building from and to the main entrance, to and from the
Chamber offices and shall be entitled to use the restroom and
other common facilities in the building.
RENT: Subtenant shall pay to Tenant upon commencement
of the Sublease period and upon each July 1 thereafter during
the terms of this Sublease, the sum of fifty ($.50) cents.
TELEPHONE LINE: Subtenant is to have a designated tele-
phone line ("Subtenant's telephone"). All charges related to
the Subtenant's telephone, including installation, monthly
fee, long distance charges and the like, are to be paid for
when due by the Subtenant.
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SERVICES FOR THE PROPERTY: Tenant will pay for forty
(40%) percent of the monthly charges for electric service, garb age,9O(�
water and gardening for the property. Subtenant will pay
sixty (60%) percent of the monthly charges for electric ser-
vice, water and gardening for the property. Tenant will pay
for all charges for its use of the telephones on the prop-
erty. Subtenant will pay for all charges for its use of
Subtenant's telephones on the property. Tenant will be re-
sponsible for cleaning its two Chamber offices. Subtenant
will be responsible for cleaning and maintaining the condi-
tion of all of the other portions of the building on the
property in broom -clean condition. Subtenant will be respon-
sible for the security (a) of the building on the property,
and (b) all contents in the building on the property. Sub-
tenant will pay for all other utilities or services supplied
to the property.
IMPROVEMENTS TO THE BUILDING: Other than those improve-
ments covered by Tenant's insurance which are presently being
made, Subtenant will be responsible for all improvements to
the building on the property such as paint, carpet and light-
ing. Subtenant shall pay when due the cost of all such im-
provements and shall keep the property free from any mechanic
liens connected with the improvements. Before commencement
of any improvement, Subtenant shall obtain the written ap-
proval therefor from the Tenant and the Landlord.
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USE OF PROPERTY: Subtenant will only use the property
as Subtenant's Art Gallery in connection with the business
presently conducted by Subtenant. Subtenant is proposing to
expand its use of the property to include a sculpture garden
on the property. Before commencing such usage, Subtenant
will obtain Landlord's approval thereof, including if neces-
sary, a related conditional use permit, and a new Sublease or
Addendum to Sublease from Tenant, approved in writing by the
Landlord.
INSURANCE, COVENANT TO INDEMNIFY AND HOLD HARMLESS AND
WAIVER OF SUBROGATION: Subtenant will obtain and maintain in
force, commencing on the date Subtenant is given access to
the property and during the term of this Sublease, at its
sole cost of expense, insurance as called for by Section 6.1
of the Master Lease naming Tenant and Landlord as additional
insureds. Subtenant covenants to defend and indemnify Ten-
ant, Landlord and their respective officers, representatives,
agents and employees and save them harmless on the same terms
and conditions as Tenant covenants to indemnify and hold
harmless under Section 6.2 of the Master Lease. Tenant and
Subtenant each adopt and include in this Sublease, as set
forth in Section 6.3, a Waiver of Subrogation provision of
the Master Lease.
ANNUAL REVIEW AND APPROVAL BY LANDLORD; Subtenant ac-
knowledges that not only is this Sublease subject to the
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terms and conditions of the Master Lease and termination upon
sixty (60) days written notice provision, but also this Sub-
lease and the continued use of the property by Subtenant is
subject to annual review and approval by Landlord.
NO ASSIGNMENT OR SUBLETTING: Notwithstanding any provi-
sion herein to the contrary Subtenant agrees and covenants
(which covenants shall run for the term of this Sublease and
be binding upon the successors, assigns, executors, and ad-
ministrators of Subtenant) that Subtenant will not, either
voluntarily or by operation of law, assign, sell, encumber,
pledge or otherwise transfer all or any part of Subtenant's
subleasehold estate hereunder, or permit the property to be
occupied by anyone other than Subtenant or Subtenant's em-
ployees, or sublet the property or any portion thereof, with-
out Tenant's prior written consent in each instance. No
assignment, whether voluntary or involuntary, by operation of
law, under legal process or proceedings, by receivership, in
bankruptcy, or otherwise, and no subletting shall be valid or
effective without such prior written consent and at Tenant's
election, shall constitute a default hereunder.
LEGAL EXPENSES AND COLLECTION COSTS: If either party
incurs any expense, including actual costs of collection,
reasonable attorneys' fees, expenses of discovery, prepara-
tion for litigation, expert witness fees and litigation ex-
penses and costs, in connection with any 'action or proceeding
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instituted by either party by reason of any default or al-
leged default of the other party hereunder, the party pre-
vailing in such action or proceeding shall be entitled to
recover its reasonable expenses from the other party. For
purposes of this provision, in any unlawful detainer or other
action or proceeding instituted by Tenant based upon any
default or alleged default by Subtenant hereunder, Tenant
shall be deemed the prevailing party if (a) judgment is en-
tered in favor of Tenant or (b) prior to trial or judgment
Subtenant shall pay all or any portion of the rent and
charges claimed by Tenant, eliminate the condition(s), cease
the act(s) or otherwise cure the omission(s) claimed by Ten-
ant to constitute a default by Subtenant hereunder.
NOTICES: All notices, demands or other writings to be
made, given or sent hereunder, or which may be so given or
made or sent by either Tenant or Subtenant to the other shall
be deemed to have been given when in writing and personally
delivered or if mailed on the third (3rd) day after deposited
in the United States mail, certified or registered, postage
prepaid, and addressed to the respective parties at their
addresses set forth below:
"Tenant" "Subtenant"
La Quinta Chamber of Commerce La Quinta Arte Association
Post Office Box 255 51-351 Avenida Bermudas
La Quinta, CA 92253 La Quinta, CA 92253
RELATIONSHIP OF PARTIES: Nothing contained herein Shall
0M
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be deemed or construed by the parties hereto, nor by any
third party, as creating the relationship of principal and
agent or of partnership or of joint venture between the par-
ties hereto, it being understood and agreed that neither the
method of computation of rent, nor any other provision con-
tained herein, nor any acts of the parties herein, shall be
deemed to create any relationship between the parties hereto
other than the relationship of Tenant and Subtenant.
SUCCESSORS AND ASSIGNS: This Sublease and the covenants
and conditions contained herein shall be binding and inure to
the benefit of and shall apply to the successors and assigns
of Tenant and to the permitted successors and assigns of
Subtenant, and all references in this Sublease to "Subtenant"
or "Tenant" shall be deemed to refer to and include all per-
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mitted successors and assigns of such party.
Date: -qlgo-ze5_
Date: --?--
Date: / / / 9
LA QUINTA CHAMBER OF COMMERCE
By: -
"Tenant"
LA QUINTA ARTS ASSOCIATION
By: - -
._ .s_ i-esides t
B
V � CE -�6zEs l .off, Ni'
uk.;fitpriant.
LANDLORD'S CONSENT: The Landlord consc!nt-S to tl.e
Sublease and agrees to promptly n the j,crjj-jjj-t at P.O.
Landlord has actual knowledge Wal the
Box 255, La Quinta, CA 92253 if t:.eASubtenant 1S in breach Of
this agreement. Nothing herein shall cc.isti1-uE:.e a release Of
Tenant who shall remain bound under the Master Lease. Noth-
ing herein shall constitute a consent to any further Sublease
or Assignment of Lease.
CITY OF LA QUINTA
Date:
N1 By:
APPROVED AS TO FORM:
Uawn Honeywell,(City Attorney
Its
"Landlord"
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