HomeMy WebLinkAboutCarlotta Tiniakoff - 1976-06-22'SUBLEASE.
THIS AGREEMENT is by and between L.R.C. Corporation
(Howard Lutz) (Fisherman Restaurant), hereinafter referred to
as SUBLESSOR, and CARLOTTA TINIAKOFF, hereinafter "referred to
as SUBLESSEE.
I.IHEREAS, SUBLESSOR leases certain'Oroperty from the
City of Huntington Beach, as'described in that certain lease
agreement bets-7ee'n the City and S . Camfner (now 'Howard Lutz--
L.R.C. Corporation), dated'March 10, 1967, a copy of which is
attached hereto; and
Pursuant to Paragraph' 17 of said lease agreement por-
tions of subject property may be subleased pursuant to approval
of LESSOR, City; and
SUBLESSOR desires to sublease a portion of subject
property to SUBLESSEE herein and has requested permission from
the LESSOR, City of Huntington Beach; and
The City.of Huntington Beach approves of this sublease,
NOW, THEREFORE, the parties hereto do agree as follows:
1. SUBLESSOR hereby leases and SUBLESSEE hires from
SUBLESSOR the following described premises for the purpose of
allowing games machines and providing a vending machine and pin-
ball concession:
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6/14/76
this recital, to wit, 'Seventy and n6/100ths Dollars ($70.00).pier
month shall be.pa.id`to LE.S50R, City of Huntington Beach.
3. The. term of the sublease shall be month to month,
subject to thirty '(30)'days cancellation of either party.
4. SUBLESSOR acknowledges that he has the required
insurance coverage and hold harmless assurances, all of which are
applicable to.the premises to be subleased. It is agreed that
the subleased premises are part of the leased premises covered
by the insurance and hold harmless provisions required by the
lease between SUBLESSOR and LESSOR, City of Huntington Beach.
5. If at any time the operation of the premises pur-
suant to this sublease are in violation. of provisions of the
City's lease with SUBLESSOR herein, such infraction shall be
deemed a violation of the lease agreement by and between the City
and SUBLESSOR. SUBLESSOR may therefore be considered in default
of his lease with LESSOR, City.
6. SUBLESSEE promises to pay rent in the amount and
manner specified. Utility charges, including light, water and
fuel shall be borne by SUBLESSEE.
7. SUBLESSEE agrees not to commit nor to suffer to be
committed the following: (a) any waste upon said premises;
(b ) any nuisance; (c ) any other act which nay disturb the quiet
2.
enjoyment of any other :tenant in the building wherein 'tie demised
premises �'are located, (d) any 'action which will increase the ex-
isting rate'of insurance upon the building, 'or cause a can-"
cellation.of any insurance policy covering said building, or any
:part thereof, (e) any alterations on said premises without the
written consent of SUBLESSOR,,and any additions to said premises
except. removable furniture. and trade fixtures shall at once be-
come part of the realty and belong to SUBLESSOR.
a. SUBLESSEE shall not assign this lease or any
interest therein, nor shall he sublet said premises'or any part
thereof, nor suffer any person, his agent or servant to,occupy
or use said premises without first obtaining written consent of
SUBLESSOR.
9, That upon the termination of this lease, for
whatever reason, SUBLESSEE will quit the premises and surrender
the same in good order and condition, subject to reasonable use
and wear, damage by the elements excepted. If SUBLESSEE shall
hold over with consent of SUBLESSOR, then there shall exist a
month--to-month tenancy for which monthly rental shall be as
specified above, subject to the terms and conditions above specs-
fled.
10. The appointment of a Receiver to take possession
of substantially all of SUBLESSEE'S assets, or a general assign-
ment by SUBLESSEE for the benefit of creditors or any action taken
by SUBLESSEE under any insolvency or bankruptcy act shall consti-
tute a breach oi' this lease by SUBLESSEE.
3.
11. if any., rent shall 'be 'due and ' unpaid or if de-
fAult.'shall be made in .the covenants herein contained, then
SUBLESSOR may reenter_•in`a lawful manner and take,possession
thereof, removing all persons therefrom and all property thereon,
holding the same at the cost of and for the account'of SUBLESSEE.
SUBLESSOR may elect to terminate this,lease or to recent the
premises without terminating the lease, at_ -a reasonable rental
and SUBLESSEE shall pay any deficiency thereon, together with
costs incurred by SUBLESSOR in,connection therewith.
12. All covenants and agreements by SUBLESSEE shall
be deemed conditional limitations. TIME IS OF THE ESSENCE IN
THIS AGREEMENT. All covenants and conditions herein shall apply
to and bind the heirs, successors, administrators and assigns
of all parties hereto and all the parties hereto shall be jointly
and severally liable hereunder.
13. SUBLESSEE shall abide by all applicable laws,
Noncompliance shall constitute grounds for termination.
14. If any provisions of this sublease are violated,
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4.
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DATED: 2 �976.
CITY OF HUNTINGTON BEACH
a municipal corporation
LESSOR
ATTEST:
City Clerk
APPROVED AS TO CONTENT:
Actity Administrator
5.
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T1ay or
APPROVED AS TO FOR14:
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APPROVED, ;27ITI
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G DEPARTI R4U:
To Honorable Mayor : and From Floyd G,. i-Belsito
-City Council Members Acting'Cty Administrator
:Subject. FISHERMAN . RESTAURANT SUBLESSEE Date June.:14, 1976 '
CARLOTTA TINIAKOFF
Attac]e`d is a copy of a letter from Mr. Lutz requesting -permission o
sublease . a portion_.c'' C.."facility_ to, Carlotta, Tniakoff: She wishes
to .install a. game nachine Operation fil the. `downsta],�rs 'por.tion Of the
building. The License Division, Building and P6114-e Departments have
approved this use.
'Also attached is the lease between Mr.' Lutz and Ms. Tin iakoff. Her
lease calls'.for $350.00 per month 'with the City receiving 200 of said.
amount, which equals $70.00 per month.
Recently, this type of use was, granted,to-various buildings on.Main
Street. We have surveyed some of the newer operations in the city
and find that there is a,public demand,for this use.
RECOMMENDATION
Approve the Sublease subject to the conditions of Mr. Lutz's present
lease.
Respectfully submitted,
Floyd Belsito
Acting City Administrator
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Attachment
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