HomeMy WebLinkAboutResolution No. 5903L1X2:133573.10
RESOLUTION NO. 5903
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY APPROVING SHARED USED PARKPI IG
IN CONJUNCTION WITH A MULTI -PLEX MOTION PICTURE THEATER
AND RESTAURANT IN THE CENTRAL BUSINESS DISTRICT
WHEREAS, the Community Development Commission of the City of Downey has
approved a Disposition and Development Agreement with Krikorian Premiere Theater, Inc. (the
"DDA "); and
WHEREAS, Cardono Square Ltd is the owner of real property shown on Exhibit
"A" hereto as the Office Parcel, which property is developed with a general office building and
a 189 space off - street parking lot (the "Parldng Lot "); and
WHEREAS, pursuant to the DDA, the Community Development Commission
agrees to sell to Krikorian Premiere Theatres, Inc., and Krikorian Premiere Theatres, Inc. agrees
to buy from the Community Development Commission, real property shown on Exhibit "A" as
the Site, which property is to be developed with a multi -plex motion picture theater (the
"Theater ") and a restaurant (the "Restaurant "), in accordance with the DDA (collectively the
"Project "); and
WHEREAS, Krikorian Premiere Theatres, Inc. has executed a lease (the "Parking
Lease ") with Cardono Square Ltd, a true and correct copy of which is attached hereto as Exhibit
"B"; and
WHEREAS, pursuant to the Parking Lease, Cardono Square Ltd agrees to lease
the Parldng Lot to Krikorian Premiere Theatres, Inc., and Krikorian Premiere Theatres, Inc.
agrees to lease the Parking Lot from Cardono Square Ltd, for use after 6:00 p.m. Mondays
through Fridays, after 1:00 p.m. on Saturdays and at any time on Sundays and holidays; and
District); and
WHEREAS, the Site and the Office Parcel are located in the C -3 (Central Business
WHEREAS, pursuant to Section 9150.25 of the Downey Municipal Code, all or
a portion of the off - street parking required for the uses on a C -3 parcel may be provided on
another C -3 parcel, provided that off - street parking is available for the uses on both parcels; and
WHEREAS, on September 12, 1995, the City Council held a duly noticed public
hearing pursuant to Section 9150.25(c) of the Downey Municipal Code to consider the shared use
of the Parldng Lot by the Office Parcel and the Site; and
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WHEREAS, an initial study of environmental impact (the "Initial Study ") and a
mitigated negative declaration (the "Mitigated Negative Declaration ") that addresses shared use
parking in conjunction with the Project have been prepared in accordance with the provisions of
the California Environmental Quality Act ( "CEQA "), the State CEQA Guidelines and the City
of Downey's Revised Environmental Guidelines; and
WHEREAS, the City Council has considered the proposed Mitigated Negative
Declaration together with any comments that have been received on the Mitigated Negative
Declaration during the public review process and at the September 12 public hearing;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY
DOES RESOLVE AS FOLLOWS:
SECTION 1. On the basis of the Initial Study and any comments received, the
City Council finds that there is no substantial evidence that the above - described Project, inclusive
of the shared used parking, will have a significant effect on the environment and approves the
Mitigated Negative Declaration.
SECTION 2. Of the total off - street parking spaces required by Chapter 1 of
Article IX of the Downey Municipal Code for the development and operation of the Theater on
the Site, one hundred and eighty nine (189) spaces may be provided on the Office Parcel, subject
to the following conditions, which conditions ensure that off -site parking is available for the
Theater on the Site and the uses on the Office Parcel
purposes;
a. The Office Parcel shall be used for general office purposes and for no other
b. The Site shall be used for the Project and for no other purposes;
c. The 189 spaces shall be for the exclusive use of the Office Parcel between 6
a.m. and 6 p.m. Mondays through Fridays and between 6 a.m. and 1 p.m. Saturdays, except
holidays; and
d. Upon the expiration or earlier termination, cancellation, rescission, revocation
or other discharge of the Parking Lease for any reason whatsoever, all use of the Theater for
which the off - street parking had been satisfied by the Shared Use Parking Lease shall cease until
such time as that off - street parking is provided in accordance with Chapter 1 of Article DC of the
Downey Municipal Code.
SECTION 3. The 189 spaces provided on the Office Parcel shall not be credited
toward the off - street parking required for the restaurant pursuant to Chapter 1 of Article IX of
the Downey Municipal Code.
2
SECTION 4. The shared use parking permitted by this Resolution may be revoked
by the City Council, after a public hearing for which notice was given in accordance with Section
9150.25(c) of the Downey Municipal Code, for non - compliance with any of the conditions set
forth in Section 2 above.
SECTION 5. The City Clerk shall certify to the adoption of this Resolution and
the same shall become effective on the date that Krikorian Premiere Theaters, Inc., or its assignee
as provided for in the DDA, takes fee simple title to the Site pursuant to the DDA.
ATTEST:
APPROVED AND ADOPTED this 12th day of September , 1995.
222Ve-e
CITY eLERK
• mot
asy P McCaughan, M.
MAYOR
I HEREBY CERTIFY that the foregoing Resolution was duly adopted at a regular
meeting of the City Council of the City of Downey held on the 121 day of
September , 1995, by the following vote:
AYES: 5 Council Members: Boggs , Lawrence, Riley, Brazelton, McCaughan
=3 . 0 Council Members: None
ABSENT: 0 Council Members: None
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LEASE
THIS LEASE, dated this / day of L 199:, for reference
purposes only and entered into by and between CARDONO SQL ARE LTD, a California
Limit;.-{ Partnership and A.R. Cardcno and U.L. Cn rdono hereinafter referred to as
"Landlord ", and KRIKORLkN PREMIERE THEATRES, a California corporation,
hereinafter referred to as "Tenant ".
WITNESS.1
WHEREAS, Landlord is the owner of certain real estate hereinafter described, and
WHEREAS, Landlord desires to lease said real estate to Tenant, and Tenant desires
to Iease same from Landlord for the sole purpose of allowing Tenant's patrons to park their
vehicles thereon;
NOW, THEREFORE, in consideration of the premises and of the mutual covenants,
agreements, and conditions set forth herein, Landlord and Tenant hereby covenant and
agree as follows:
•
1. PREMISES: Landlord demised and leases to Tenant for the term and upon
the covenants, agreements, and conditions set forth herein and the hereinafter
described real estate, together - with improvements thereon and with all
appurtenances thereto, including, but not limited to, the right of ingress and
egress by motor vehicles and pedestrians to and from the premises.
Said real estate, together with all improvements and ail appurtenances, shall
hereinafter be referred to as the "leased premises ", and is portion of that
certain parcel of land situated in the City of Downey, County of Los Angeles,
State of California, commonly described as a portion of the property located
at 3255 and 8233 Firestone Boulevard, attached hereto as Exhibit "A ".
2. CONDITION: Tenant accepts the Ieased premises in its "as is" condition,
after all striping and clean up has occurred. Landlord warrants that its use as
a parking facility is in full compliance with all laws, ordinances, and codes •
applicable thereto.
3. USE: The leased premises shall be used by Tenant as an unattended parking
facility and for such other purpose or purposes as may be incidental thereto.
Tenant covenants and agrees that it will not use, or suffer or permit any
person to use, the leased premises for any purpose or use in violation of any
federal, state or local law or ordinance of any governmental body having
1 Landlord's initial ,f-
Tenant's initial S2
jurisdiction over the leased premises. Tenant shall have the right to erect at
its expense a sign, or signs approved by the City of Downey, suitable for
advertising purposes in or on the leased premises. The use of the leased
premises shall be restricted to after 6:00 p.m. Monday through Friday; after
1:00 p.m. on Saturdays and no restriction on Sundayori
4. TERM: The leased premises are hereby demised and leased unto Tenant for
an initial term of fifteen (15) years, commencing on the date Tenant opens for
business, herein after the Commencement Date. Upon determination of said
date, Landlord and Tenant shall execute Commencement Date Agreement
attached hereto as Exhibit "C'. Following the first four (4) years of this Lease,
in the event Tenant obtains alternative parking facilities which satisfy the City
of Downey's parking requirements for the use and operation of a multi -plex
theatre complex, Tenant may at its option elect to cancel this Lease by giving
Landlord twelve (12) months written notice of its intention to do so.
5. RENT: In consideration hereof, the Tenant covenants and agrees to pay to
Landlord, at the office of Landlord, or such other place as Landlord may from
time to time designate in writing, rent for the lease premises in the following
manner:
. Two thousand dollars ($2,000.00) on or before the first of each month.
During the term of this Lease including such extensions thereof that may
result from Lessee's exercise of options as hereinbefore provided, the Rent
shall be subject to increase on each five (5) year anniversary date and
effective for each ensuing five (5) year period as follows:
The monthly Rent as described in the paragraph above shall be increased if
the Consumer Price Index - All Items - U.S. City Average - Urban Consumers
Base 1982 -84 = 100 (Index), as published by the United States Department
of Labor's Bureau of Labor Statistics, increases over the base period Index.
The base period Index shall be the Index for the month of the year in which
rentals commence. The base period Index shall be compared with the Index
for that month for each subsequent year (comparison month). If the Index for
any comparison month is higher than the base period Index, then the monthly
Rent for the next year shall be increased by an amount equal to the identical
percentage commencing with the month of the next year of the Lease
immediately following the respective comparison month, that increased rental
amount shall become the monthly Rent for purposes of this Lease, until
further adjusted upward.
The Rent shall be increased for the ensuing five (5) year period by an amount
equal to the percentage of the increase, if any, which has occurred in the
2 Landlord's initial / ,4(
Tenant's initial
Index by the end of the year immediately preceding the fifth (5th) anniversary
date over the Index at the end of the year immediately preceding the
Commencement Date, except that in no event shall the Rent increase more
-
than fifteen percent (15 %) for the first increase, twenty percent (20 %) for the
second increase, and twenty Live percent (25 %) for all subsequent periods.
Should the Bureau discontinue the publication of the above Index, or publish
same less frequently, or alter same in some other manner, then Landlord shall
adopt a substitute Index or substitute procedure which reasonably reflects and
monitors consumer prices.
ASSIGNMENT AND SUBLETTING:
(a) If not in default of any of the terms, conditions and covenants
contained in the Lease, Tenant may assign the Lease or sublet the
premises or any portion thereof, with the prior written consent of
Landlord, which in no event shall be unreasonably withheld, provided
each such assignee or subtenant must execute a written assumption of
Tenant's obligations under the Lease. In the event of an assignment
or sublease, Tenant shall remain principal obligor to Landlord for the
full performance of all the terms, conditions and covenants of the
Lease by which Tenant herein is bound. The acceptance of an
assignment of the Lease by any firm, person or corporation shall be
construed as a promise on the part of such assignee to be bound by
and perform all of the terms, conditions and covenants by which
Tenant herein is bound.
(b)
In the event that Tenant assigns the Lease or subleases the leased
premises as above provided, Landlord shall be entitled to receive all
sums payable to, or to be received by, Tenant pursuant to such
assignment or sublease on the condition that Landlord agrees to and
concurrently releases Tenant from any further liability under the Lease.
If Landlord does not agree to release Tenant as herein provided,
Tenant shall be entitled to receive and retain all sums payable by such
assignee or subtenant.
(c) Notwithstanding subparagraphs (a) and (b) above, Tenant shall have -
the right to assign the Lease, or any interest therein, or sublet the
premises, without the consent of Landlord, to a franchisee as a normal
part of Tenant's business, or to any corporation with which it may
merge or consolidate, or which acquires all or substantially all of the
shares of stock or assets of Tenant, or is a parent or subsidiary of
Tenant; provided, that no such assignment or subletting shall release
Tenant from any liability hereunder, without the consent of Landlord;
3
Landlord's initial
Tenant's initial �h
n
7. INSURANCE: Tenant shall procure and keep in force during the term of this
Lease for the benefit of Landlord and Tenant a comprehensive or commercial
general liability insurance policy in a reputable company with combined single
Limits of a minimum of one million dollars (S1,000,000.00) for bodily injury and
property damage. Such insurance policy shall be endorsed to provide for not
less than ten (10) days' written notice to Landlord prior to termination of
coverage and /or before any changes are made which restrict or reduce the
coverage provided for or change the name of the insured. Landlord shall be
named an additional insured on such policies and Landlord shall be furnished
with a Certificate of Insurance evidencing such coverage.
8. INDEMNITY:
and, provided further, that any successor must deliver to Landlord a
written document confirming the successor's obligation to perform as
Tenant under the Lease and an agreement to he hound by all of the
provisions of the Lease.
Landlord Indemnity: During the time period Landlord is utilizing the leased
premises as outlined in Article 4 hereof, Landlord covenants that, except as
specifically provided in this Lease, Tenant shall not be liable for damages to
.--� the leased premises or for the injury of persons thereon or property therein
by reason of the use, occupancy and enjoyment of the leased premises by
Landlord or other tenants, or customers and invitees of the leased premises,
and Landlord shall indemnify and hold Tenant harmless from all losses and
liability on account of any such real or claimed injury, (including reasonable
attorney's fees) and from liens, claims and demands arising out of the use of
the leased premises by Landlord, other tenants, and customers and invitees of
the leased premises; provided, however, Landlord shall not be liable for
damages or injury occasioned by the negligence of Tenant, its agents, servants,
contractors or employees unless covered by insurance carried by Landlord.
Tenant Indemnity: During the time period Tenant is utilizing the leased
premises, Tenant hereby indemnifies and holds Landlord harmless from and
against any and all claims, demands, liabilities, and expenses, including
attorney's fees, arising from Tenant's use of the leased premises or from any
act permitted, or any omission to act, in or about the leased premises by
Tenant or its agents, employees, contractors, or invitees, or from any breach
or default by Tenant of this Lease, except to the extent caused by Landlord's
active negligence or willful misconduct. In the event any action or proceeding
shall be brought against Landlord by reason of any such claim, Tenant shall
,••■ defend the same at Tenant's expense by counsel reasonably satisfactory to
Landlord.
4 Landlord's initial
Tenant's initial
9. TAXES AND UTILITIES: Landlord agrees to pay any and all real estate
taxes and assessments levied upon or assessed against the leased premises as ^.%
they become due. Tenant agrees to pay its proportionate share of electrical,
sweeping and security services actually used upon the leased premises.
10. PERMITS AND LICENSES: Tenant agrees to procure any and all permits
or licenses necessary for its operation hereunder and Landlord agrees to assist
Tenant to obtain such permits or licenses if such assistance is necessary.
Tenant shall have the option to terminate this Lease if it is unable to obtain
the required permit or license to operate within ninety (90) days after the
execution of this Lease or commencement of this term, whichever is later.
11. WASTE AND IMPROVEMENTS: Tenant covenants and agrees that it will
not commit or suffer any waste in the leased premises and that it will not
make or construct any improvements or additions on or over the Ieased
premises without the written consent of Landlord.
12. DEFAULT: Either party shall have the right to terminate and end this Lease
upon the breach by the other party of any of the covenants, terms, and
conditions hereof, provided the breaching party receives notice of existence
of such breach and fails to remedy such breach within thirty (30) days.
13. NOTICES: Any notices or communications required to be given to or by or
served upon the respective parties hereto may be so given or served by
mailing the same, properly addressed and stamped, to such party or parties
or their designees by United States registered or certified mail. Until new
addresses shall be given, the names and addresses of the parties for the
purpose of such notices or communications and for any other purpose shall
be:
As to Landlord:
As to Tenant:
Cardono Square Ltd.
8255 Firestone Blvd., Suite 500
Downey, CA 90241
Krikorian Premiere Theatres, Inc. -
119 W. Torrance Blvd., Suite 1
Redondo Beach, California 90277
14. PEACEABLE POSSESSION: Landlord hereby warrants and represents that
it has the authority to lease the leased premises and to execute this Lease and
that the laws and /or ordinances affecting the use of this property do not
5 Landlord's initial
Tenant's initial
prohibit the uses herein provided. Landlord further covenants and agrees that
Tenant, upon performing and quietly observing the terms and conditions of
this Lease, may peacefully hold and enjoy the leased premises during said
term without any interruption by Landlord, its successors or assigns, or any
person or company lawfully claiming by or through it.
15. SURRENDER: Upon termination of the term of this Lease by lapse of time
or otherwise, Tenant agrees that it will immediately surrender and deliver up
to Landlord physical possession of the leased premises, together will all
improvements and appurtenances in connection therewith, in good condition,
reasonable wear and tear and damage by fire, the laments, and any other
cause not directly attributable to the negligence of Tenant excepted. Nothing
contained herein shall prohibit Tenant upon termination of this Lease by lapse
of time or otherwise from removing its personal property, including trade
fixtures, from the leased premises. Tenant will repair any damage which may
be occasioned to the leased premises by Tenant's removal of its personal
property and trade fixtures from the leased premises.
16. TENANT RIGHTS OF TERMINATION: In the event that:
(a)
(b)
(c)
(d)
The use of gasoline or of automobiles shall be prohibited; or
The use of the leased premises for parking shall be prohibited or
restricted by any law, ordinance, rule, or regulation hereafter adopted
by any agency of the United States, the State of California, or the City
of Downey, or any other governmental agency; or
The ingress or egress to the leased premises is restricted by street
construction or repairs for more than six (6) months; or
Additional parking is provided pursuant to article 4 hereof.
17. PARTIES. SUCCESSORS AND ASSIGNS: This Lease shall be binding and
inure to the benefit of the parties hereto, their respective successors and
assigns.
18. NO DUTY TO A PERSON NOT A PARTY: Nothing in this Lease shall be
construed to create any duty to, any standard of care with reference to, or any
liability to anyone not a party, except as otherwise expressly provided herein.
19. ENTIRE AGREEMENT: This Lease constitutes the entire agreement •
between the parties hereto. This Lease is not subject to modification except
in writing and contains the entire agreement of the parties with respect to the
matters covered by this Lease an no other agreement, statement, or promise
made by any party, or to an employee, officer, or agent of any party, which is
not contained in this Lease shall be binding or valid.
6
Landlord's initia ,�
Tenant's initial °�
20. EXHIBITS: The exhibits listed below are incorporated in this Lease by
reference and are to be construed as part of this Lease.
Exhibit "A" - Leased premises (cross hatched in red)
Exhibit "B" - Tenant's Option(s) to Extend
Exhibit "C - Commencement Date Agreement
21. MISCELLANEOUS COVENANTS:
(a) Landlord covenants and agrees that during the lease term, the leased
premises shall be kept by Landlord in a clean and wholesome condition
and that all lawful and valid health and police regulations shall in all
respects and at all times he fully complied with by Landlord. Landlord
agrees to keep and maintain the driveways, parking surfaces, and
sidewalks adjacent to the leased premises in good condition and repair
during the term of this Lease. Landlord represents and warrants that
it has received no notices of claimed violations of laws or ordinances
relating to the leased premises which have not been complied with.
(b) Within five (5) days of the Commencement Date of the Lease,
Landlord shall cause the leased premises to be slurry coated and re-
striped. Tenant hereby agrees to reimburse Landlord fifty percent
(50%) of the cost of the slurry coat and re- striping within five (5) days
of Landlord completing said work. Tenant further agrees to reimburse
Landlord fifty percent (50 %) of the cost of slurry coating and re-
striping the leased Premises every four (4) years thereafter.
(c) Tenant agrees to reimburse Landlord for the cost of lighting the leased
premises after 10:00 p.m.
(d) Tenant shall reimburse Landlord fifty percent (50 %) of the cost of
sweeping the leased premises. Said sweeping shall not occur more
than twice per week.
IN WITNESS WHEREOF, the parties hereto set their hands the day and year as
hereinafter set forth by their duly authorized representatives.
7
Landlord's initial LA
Tenant's initial
LANDLORD:
Cardono Square Ltd.
a California limited partnership
By: Cardono Development Corporation
a ia corporation General Partner
By: •i1h
A.R" Cardono
Its: President
Date: 62 - Il S
By: (� . C
U.L. Cardono
Date: .2- _ / `�r
By: 7 .3
A. . Cardono
Date: o2 -14 - �}S'
TENANT:
Krikorian Premiere Theatres, Inc.
a California corporation
Ge
Its: President
Date:
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EXHIBIT "B"
TENANTS OPTION(S) TO EXTEND
Tenant shall have option(s) to extend the term of this Lease for five (5) additional
independent consecutive periods of five (5) years, the extended period to begin immediately
upon the expiration of the original term of this Lease subject to notice provisions contained
herein. All of the terms, covenants and provisions of this Lease shall apply to such extended
term. Tenant shall notify Landlord in writing not later than six (6) months prior to the
expiration of the then current term of this Lease of Tenant's right to exercise the next
available option. If Tenant exercises said option by timely written notice to Landlord within
the said six (6) month period, the extension of this Lease shall be automatically effected
without the execution of any additional documents. If the option is not exercised by Tenant
as herein provided, then said option shall automatically expire and this Lease shall terminate.
10 Landlord's initial
Tenant's initial
LANDLORD:
The undersigned, as Landlord and Tenant, under that certain Lease dated
, 19_, hereby drily said Lease and certify as follows:
(a) Tenant entered into occupancy and accepted possession of the premises described in said Lease
on . 19_ ('Commencement Date");
(b) the Monthly Rent is payable from the date of , 19_ ( "Rent Commencement Date ");
(c) the term of the Lease expires on
(d) the Lease is in full force and effect and has not been assigned, modified, supplemented or
amended in any way (except:
Cardona Square Ltd.
a California limited partnership
By Cardono Development Corporation
a Cal' ry a)ration General Partner
By: %ir,
AR eardono
Its: President
Date: "../
•
By: t-/
U.L. Cardono
Date: . !J ' /G " 9S
By /C 4
AA. Cardona
Date: ;2 "'" -
COMMENCEMENT DATE .AGREEMENT
);
EXHIBIT 'C'
(e) the Lease (as amended or modified as set forth above) represents the entire agreertlent between
the parties as to this leasing;
(1) on this date, there are no existing defenses or offsets by which the undersigned have against the
enforcement of the Lease by either Landlord or Tenant.
11
TENANT:
Krikorian Premiere Theatres, Inc.
a California corporation
By
Its: Pr
Date:
ge Krikorian
1