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HomeMy WebLinkAboutCUP 225; Szechuan Garden La Costa Inc.; Conditional Use Permit (CUP) (2)PROJECT REVIEW On 2/15/07, CUP 225x4 - WESTBLUFF ASSOCIATES LTD was reviewed for compliance with the conditions contained therein. 1. The project was found to be in compliance with all conditions of Resolution No. 5849 and no further action was taken. ACTIONS/COMMENTS: Signed: c: File Copy Data Entry Data Entry - please note: if #3 above is selected, the status of the project should be changed to Expired in Permits. PROJECT REVIEW On March 1, 2006, CUP225x4 - Westbluff Association was reviewed for compliance with the conditions contained therein. 1. The project was found to be in compliance with all of the conditions of Resolution No. 5849 and no further action was taken. ACTIONS/COMMENTS: Signed: c: File Copy Data Entry Data Entry - please note: if #3 above is selected, the status of the project should be changed to Expired in Permits. City of Carlsbad Planning Department PLANNING COMMISSION NOTICE OF DECISION March 22, 2005 Peking Garden Restaurant SteK 6990 El Camino Real Carlsbad CA 92009 SUBJECT: CUP 225x4 - WESTBLUFF ASSOCIATES, LTD (PEKING GARDEN RESTAURANT) At the Planning Commission meeting of March 16, 2005, your application was considered. The Commission voted 7-0 to APPROVE your request. The decision of the Planning Commission became final on March 16, 2005. The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the date which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the Planning Director, Michael J. Holzmiller, Secretary of the Planning Commission, 1635 Faraday Avenue, Carlsbad, CA 92008. If you have any questions regarding the final dispositions of your application, please call the Planning Department at (760) 602-4600. sincerely, DON NEU Assistant Planning Director DN:MS:aw Enclosed: Planning Commission Resolution No. 5849 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us City of Carlsbad Planning Department February 22, 2005 Wilson Wong 6990 El Camino Real #K Carlsbad CA 92009 SUBJECT: CUP 225x4 - WESTBLUFF ASSOCIATION PEKING GARDEN RESTAURANT The preliminary staff report for the above referenced project will be mailed to you on Wednesday, March 2, 2005. This preliminary report will be discussed by staff at the Development Coordinating Committee (DCC) meeting which will be held on March 7, 2005. A twenty (20) minute appointment has been set aside for you at 9:30 a.m. If you have any questions concerning your project you should attend the DCC meeting. It is necessary that you bring your required unmounted colored exhibit(s) with you to this meeting in order for your project to go forward to the Planning Commission. Your colored exhibits must be submitted at this time to ensure review by the Planning Commission at their briefings. If the colored exhibits are not available for their review, your project could be rescheduled to a later time. If you do not plan to attend this meeting, please make arrangements to have your colored exhibit(s) here by the scheduled time above. If you need additional information concerning this matter, please contact your Planner, Mike Strong at (760) 602-4625. Sincerely, DON NEU Assistant Planning Director DN:MS:bd c: File Copy David Rick, Project Engineer 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us Citv of Carlsbad Planning Department February 16, 2005 Peking Garden Restaurant 6990 El Camino Real #K Carlsbad CA 92009 SUBJECT: CUP 225x4 - WESTBLUFF ASSOCIATION PEKING GARDEN RESTAURANT Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Department has reviewed your Conditional Use Permit Extension, application no. CUP 225x4, as to its completeness for processing. The application is complete, as submitted. Although the initial processing of your application may have already begun, the technical acceptance date is acknowledged by the date of this communication. Your application has been tentatively scheduled for a Planning Commission hearing on March 16, 2005. However, for this to occur, you must submit the additional items listed below. If the required items are not received by February 28, 2005 your project will be rescheduled for a later hearing. In the event the scheduled hearing date is the last available date for the City to comply with the Permit Streamlining Act, and the required items listed below have not been submitted, the project will be scheduled for denial. 1. As required by Section 65091 of the California Government Code, please submit the following information needed for noticing and sign the enclosed form: A) 600' Owners List - a typewritten list of names and addresses of all property owners within a 600 foot radius of the subject property, including the applicant and/or owner. The list shall include the San Diego County Assessor's parcel number from the latest equalized assessment rolls. B) Mailing Labels - one (1) separate set of mailing labels of the Property Owners within a 600-foot radius of the subject property. The list must be typed in all CAPITAL LETTERS, left justified, void of any punctuation. For any address other than a single-family residence, an apartment or suite number must be included but the Apartment, Suite and/or Building Number must NOT appear in the street address line. DO NOT type assessor's parcel number on labels. DO NOT provide addressed envelopes - PROVIDE LABELS ONLY. Acceptable fonts are: Arial 11 pt, Arial Rounded MT Bold 9 pt, Courier 14 pt, Courier New 11 pt, and MS Line Draw 11 pt. Sample labels are as follows: 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us CUP 225x4 - WESTBLUFF ASSOCIATION PEKING GARDEN RESTAURANT February 16, 2005 Page 2 UNACCEPTABLE UNACCEPTABLE ACCEPTABLE Mrs. Jane Smith Mrs. Jane Smith MRS JANE SMITH 123 Magnolia Ave., Apt #3 123 Magnolia Ave. APT 3 Carlsbad, CA 92008 Apt. #3 123 MAGNOLIA AVE Carlsbad, CA 92008 CARLSBAD CA 92008 D) Radius Map - a map to scale, not less than 1" = 200', showing all lots entirely and partially within 600 feet of the exterior boundaries of the subject property. Each of these lots should be consecutively numbered and correspond with the property owner's list. The scale of the map may be reduced to a scale acceptable to the Planning Director if the required scale is impractical. E) Fee - a fee shall be paid for covering the cost of mailing notices. Such fee shall equal the current postage rate times the total number of labels. An additional $285.00 noticing fee shall also be assessed to cover the cost of publication in the local newspaper. Cash check (payable to the City of Carlsbad) and credit cards are accepted. Please contact your staff planner, Michael Strong, at (760) 602-4625, if you have any questions or wish to set up a meeting to discuss the application. Sincerely, DON NEU Assistant Planning Director DN:MS:aw c: Van Lynch David Rick File Copy Data Entry Planning Aide Attachment I HEREBY CERTIFY THAT THE PROPERTY OWNERS LIST AND LABELS SUBMITTED TO THE CITY OF CARLSBAD ON THIS DATE REPRESENT THE LATEST AVAILABLE INFORMATION FROM THE EQUALIZED ASSESSOR'S ROLES. CUP 225x4 - WESTBLUFF ASSOCIATION PEKING GARDEN RESAURANT APPLICANT OR APPLICANT'S REPRESENTATIVE BY: DATE: RECEIVED BY DATE: CARLSBAD FIRE DEPARTMENT Fire Prevention Division PROJECT REVIEW REPORT PROJECT NAME: Westbluff Associates Ltd. (Peking Garden Rest.) Date: 01/27/05 Project number: CUP 225x4 Staff Planner: M. Strong Engineer: Project conditions: (Note: The following identifies specific conditions necessary to achieve Fire Department approval.) Fire has no comments or conditions regarding this application. GR CITY OF CARLSBAD ENGINEERING DEPARTMENT LAND USE REVIEW January 4, 2005 TO: Mike Strong - Planning Technician FROM: David Rick - Assistant Engineer COMPLETENESS REVIEW PROJECT ID: CUP 225X4 Westbluff Association Ltd (Pecking Garden Restaurant) The Engineering Department has completed its review of the above referenced project for application completeness and has determined that the application and plans submitted for this project are complete and suitable for continued review. Engineering staff does not have any comments to add to the project. Please add the following conditions to the approving resolution/letter: 1. Owner shall comply with Order No. 2001-01 of the California Regional Water Quality Control Board and City of Carlsbad Standard Urban Storm Water Mitigation Plan addressing measures to reduce waste discharge in urban runoff. Owner shall develop an employee education and training program for developing proper measures to reduce waste discharge. As a part of these measures, each restaurant operator shall train employees to: a. Pick-up and dispose daily all on-site trash; b. Sweep all dirt and debris rather than wash from walkways and driveways. Swept dirt and debris shall be disposed of in the trash. If any washing is to occur, then direct washing of walkways or driveways to lawn areas to minimize runoff into the City streets and storm drains. c. Clean floor mats, exhaust filters, etc. within the building with discharge to a grease trap to sanitary sewer. Any outside cleaning must occur within a contained area and be discharged to a sanitary sewer. If you or the applicant has any questions regarding the above, please either see or call me at extension 2781. Rick Assistant Engineer - Public Works Department, Development Services Division H:\LIBRARY\ENGWVPDATA\MISC\COMPREV • *City of Carlsbad Planning Department NOTICE OF EXPIRATION December 1 , 2004 Alpaca Properties LLC 11 020 Horizon Hills Dr El Cajon CA 92020 SUBJECT: CUP 225x3 - SZECHUAN GARDEN LA COSTA This is a courtesy notice. In a recent audit of our records, we found that CUP 225x3 - SZECHUAN GARDEN LA COSTA, located at 6994 El Camino Real, will expire on February 9, 2005. Should you, the property owner, require an extension of this permit, please send the following: s Written request for an extension; s Completed Disclosure Statement (enclosed); s Land Use Application (enclosed); s A check in the amount of $685; S Additional information will be requested by the planner. Send the required documents and warrants to: Bridget Desmarais City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad CA 92008 Your request for an extension must be received before December 15, 2004, to allow adequate time to process your application and schedule a hearing before the Planning Commission. If you do not request an extension by this date, the permit will be considered invalid and to continue operating, you will be required to submit an application for a new permit, along with a check in the amount of $3,395. Should you have any questions, please contact your staff planner, Anne Hysong, in the Planning Department at (760) 602-4622. Sincerely, Bridget Desmarais c: Business Owner, Szechuan Garden La Costa Inc, 6990 El Camino Real, Carlsbad CA 92009 File Copy Staff Planner 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us City of Carlsbad Planning Department NOTICE OF EXPIRATION October 4, 2004 Bank of America Westbluff Associates Ltd 2046 Murray Holladay Rd #200 Salt Lake City UT 84117 SUBJECT:CUP 225x3 - SZECHUAN GARDEN LA COSTA This is a courtesy notice. In a recent audit of our records, we found that CUP 225x3 - SZECHUAN GARDEN LA COSTA, located at 6994 El Camino Real, will expire on February 9, 2005. Should you, the property owner, require an extension of this permit, please send the following: s Written request for an extension; s Completed Disclosure Statement (enclosed); s Land Use Application (enclosed); s A check in the amount of $685; s Additional information will be requested by the planner. Send the required documents and warrants to: Bridget Desmarais City of Carlsbad Planning Department 1 635 Faraday Avenue Carlsbad CA 92008 Your request for an extension must be received before November 5, 2004, to allow adequate time to process your application and schedule a hearing before the Planning Commission. If you do not request an extension by this date, the permit will be considered invalid and to continue operating, you will be required to submit an application for a new permit, along with a check in the amount of $3,395. Should you have any questions, please contact your staff planner, Anne Hysong, in the Planning Department at (760) 602-4622. Sincerely, Bridget Desmarais Business Owner, Szechuan Garden La Costa Inc, 6990 El Camino Real, Carlsbad CA 92009 File Copy Staff Planner 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us * * FILE COPY City of Carlsbad Planning Department PLANNING COMMISSION NOTICE OF DECISION January 9, 2001 Wilson F. Wong Peking Garden Restaurant 6990 El Camino Real Carlsbad, CA 92009 SUBJECT: CUP 225x3 - WESTBLUFF ASSOCIATES At the Planning Commission meeting of January 3, 2001, your application was considered. The Commission voted 7-0 to APPROVE your request. The decision of the Planning Commission became final on January 3, 2001. The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the date which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the Planning Director, Michael J. Holzmiller, Secretary of the Planning Commission, 1635 Faraday Avenue, Carlsbad, CA 92008. If you have any questions regarding the final dispositions of your application, please call the Planning Department at (760) 602-4600. Sincerely, MICHAEL J. HOLZMILLER Planning Director MJH:AH:mh Enclosed: Planning Commission Resolution No. 4883 c: Bank of America 2046 Murray Holladay Rd. #200 Salt Lake City, UT 84117 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us City of Carlsbad Planning Department December 12, 2000 Wilson F. Wong Peking Garden Restaurant 6990 El Camino Real Carlsbad CA 92009 SUBJECT:CUP 225x3 - WESTBLUFF ASSOCIATES The preliminary staff report for the above referenced project will be mailed to you on Friday, December 15, 2000. This preliminary report will be discussed by staff at the Development Coordinating Committee (DCC) meeting which will be held on December 26, 2000. A twenty (20) minute appointment has been set aside for you at 1 1:00 a.m. If you have any questions concerning your project you should attend the DCC meeting. It is necessary that you bring your required unmounted colored exhibit(s) with you to this meeting in order for your project to go forward to the Planning Commission. Your colored exhibits must be submitted at this time to ensure review by the Planning Commission at their briefings. If the colored exhibits are not available for their review, your project could be rescheduled to a later time. If you do not plan to attend this meeting, please make arrangements to have your colored exhibit(s) here by the scheduled time above. If you need additional information concerning this matter, please contact your Planner, Anne Hysong at (760) 602-4622. CITY/p CARLSBAD ARYE. WAY Assistant Plannin Director GEW:AH:cs Bank of America, 2046 Murray Holladay Rd, Ste 200, Salt Lake City, UT 84117 File Copy 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us© City of Carlsbad Planning Department November 22, 2000 Wilson F. Wong 5251 Camino Playa Malaga San Diego, CA 92124 SUBJECT: CUP 225X3 - WESTBLUFF ASSOCIATES - PEKING GARDEN RESTAURANT Your application has been tentatively scheduled for a hearing by the Planning Commission on January 3, 2001. However, for this to occur, you must submit the additional items listed below. If the required items are not received by December 12, 2000, your project will be rescheduled for a later hearing. In the event the scheduled hearing date is the last available date for the City to comply with the Permit Streamlining Act, and the required items listed below have not been submitted, the project will be scheduled for denial. 1. As required by Section 65091 of the California Government Code, please submit the following information needed for noticing and sign the enclosed form: A) 600' Owners List - a typewritten list of names and addresses of all property owners within a 600 foot radius of the subject property, including the applicant and/or owner. The list shall include the San Diego County Assessor's parcel number from the latest equalized assessment rolls. B) Mailing Labels - one (1) set of mailing labels of the property owners within a 600 foot radius of the subject property. The list must be typed in all CAPITAL LETTERS, left justified, void of any punctuation. For any address other than a single family residence, an apartment or suite number must be included but the Apartment, Suite and/or Building Number must NOT appear in the street address line. DO NOT type assessor's parcel number on labels. DO NOT provide addressed envelopes - PROVIDE LABELS ONLY. Acceptable fonts are: Arial 11 pt, Arial Rounded MT Bold 9 pt, Courier 14 pt, Courier New 11 pt, and MS Line Draw 11 pt. Sample labels are as follows: 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us CUP 225X3 - WESTBLUFF ASSOCIATES - PEKING GARDEN RESTAURANT November 22, 2000 Page 2 UNACCEPTABLE UNACCEPTABLE ACCEPTABLE Mrs. Jane Smith Mrs. Jane Smith MRS JANE SMITH 123 Magnolia Ave., Apt #3 1 23 Magnolia Ave. APT 3 Carlsbad, CA 92008 Apt. #3 123 MAGNOLIA AVE Carlsbad, CA 92008 CARLSBAD CA 92008 D) Radius Map - a map to scale, not less than 1" = 200', showing all lots entirely and partially within 600 feet of the exterior boundaries of the subject property. Each of these lots should be consecutively numbered and correspond with the property owner's list. The scale of the map may be reduced to a scale acceptable to the Planning Director if the required scale is impractical. E) Fee - a fee shall be paid for covering the cost of mailing notices. Such fee shall equal the current postage rate times the total number of labels. Cash check (payable to the City of Carlsbad) and credit cards are accepted. Sincerely, ANNE HYSONG, (f Associate Planner AHcs c: Compass Capital Corporation Suite 200 2046 East Murray Holladay Road Salt Lake City, UT 84117 Attachment I HEREBY CERTIFY THAT THE PROPERTY OWNERS LIST AND LABELS SUBMITTED TO THE CITY OF CARLSBAD ON THIS DATE REPRESENT THE LATEST AVAILABLE INFORMATION FROM THE EQUALIZED ASSESSOR'S ROLES. APPLICATION NAME AND NUMBER APPLICANT OR APPLICANT'S REPRESENTATIVE BY: DATE: RECEIVED BY DATE: City of Carlsbad Planning Department NOTICE OF EXPIRATION August 8, 2000 Szechuan Garden La Costa 6990 El Camino Real Carlsbad CA 92009 SUBJECT:CUP 225x2 - SZECHUAN GARDEN LA COSTA In a recent audit of our records, we found that CUP 225x2 - Szechuan Garden La Costa, located at 6990 El Camino Real, expired on February 2, 2000. Should you, the property owner, require an extension of this permit, please send the following: S Written request for an extension; S Completed Disclosure Statement (enclosed); and S A check in the amount of $540. Send the required documents and warrants to: Chris Sexton City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad CA 92008 Your request for an extension must be received as soon as possible, to allow adequate time to process your application and schedule a hearing before the Planning Commission. If you do not request an extension by this date, the permit will be considered invalid and to continue operating, you will be required to submit an application for a new permit, along with a check in the amount of $2,680. Should you have any questions, please contact your staff planner, Anne Hysong, in the Planning Department at (760) 602-4622. Sincerely, CHRIS SEXTON c: Anne Hysong File Copy SEP 20 2000 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information must be disclosed: 1 . APPLICANT List the names and addresses of all persons having a financial interest in the application' ST. c* , , „.. . .LtNG CHO _ /^/e/^A^roAJ . A/M S?7»o/ 2. OWNER List the names and addresses of all persons having any ownership interest in the property involved. 3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names and addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. 4. If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names and addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiary of the trust. 5.Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? Yes V No If yes, please indicate person(s): Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." NOTE: Attach additional sheets if necessary. Signature Of ow Signature or appli Print or type name of owner Print or type name of applicant City of Carlsbad Planning Department NOTICE OF EXPIRATION May 30, 2000 Bank of America, Westbluff Associates Ste 200 2046 Murray Holladay Rd Salt Lake City, UT 84117 SUBJECT:CUP 225x2 - SZECHAUN GARDEN LA COSTA In a recent audit of our records, we found that CUP 225x2 - Szechaun Garden La Costa, located at 6990 El Camino Real, expired on February 2, 2000. Should you, the property owner, require an extension of this permit, please send the following: V Written request for an extension; S Completed Disclosure Statement (enclosed); and S A check in the amount of $540. Send the required documents and warrants to: Chris Sexton City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad CA 92008 Your request for an extension must be received as soon as possible. If you do not request an extension by this date, the permit will be considered invalid and to continue operating, you will be required to submit an application for a new permit, along with a check in the amount of $2,680. Should you have any questions, please contact your staff planner, Anne Hysong, in the Planning Department at (760) 602-4622. Sincerely, CHRIS SEXTON c: File Copy Staff Planner 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 City of Carlsbad Planning Department PLANNING COMMISSION NOTICE OF DECISION August 19, 1996 Steven Lowe Compass Capital Corporation Suite 200 2046 East Murray Holladay Road Salt Lake City UT 84117 SUBJECT: WESTBLUFF ASSOCIATES LTD - CUP 225x2 At the Planning Commission meeting of August 7, 1996, your application was considered. The Commission voted 7-0 to APPROVE AS AMENDED your request. Some decisions are final at Planning Commission, and others automatically go forward to City Council. If you have any questions regarding the final dispositions of your application, please call the Planning Department at (619) 438-1161. Sincere MICHAEL J. HOLZMILLER Planning Director MJH:AH:kr Enclosed: Planning Commission Resolution No. 3961 Westbluff Plaza Suite 208 6994 El Camino Real Carlsbad CA 92009 Peking Palace La Costa Suite K 6990 El Camino Real Carlsbad CA 92009 2O75 Las Palmas Dr. • Carlsbad, CA 92OO9-1576 • (619) 438-1161 • FAX (619) 438-O894 ^^ ^^^ City of Carlsbad Planning Department June 26, 1996 Mr. Steven F. Lowe, President Compass Capital Corporation, Suite 200 2046 East Murray Holladay Road Salt Lake City Utah 84117 SUBJECT: CUP 225x2 - PEKING GARDENS (WEST BLUFF PLAZA) Your application has been tentatively scheduled for a hearing by the Planning Commission on August 7, 1996. However, for this to occur, you must submit the additional items listed below. If the required items are not received by July 1 6, 1996, your project will be rescheduled for a later hearing. In the event the scheduled hearing date is the last available date for the City to comply with the Permit Streamlining Act, and the required items listed below have not been submitted, the project will be scheduled for denial. 1. Please submit the following plans: A) Disclosure statement (attached) signed by owners. 2. As required by Section 65091 of the California Government Code, please submit the following information needed for noticing and sign the enclosed form: A) Owners List - a typewritten list of names and addresses of all property owners within a 600 foot radius of the subject property, including the applicant and/or owner. The list shall include the San Diego County Assessor's parcel number from the latest equalized assessment rolls. B) Mailing Labels - two (2) separate sets of mailing labels of the property owners within a 600 foot radius of the subject property. The list must be typed in all CAPITAL LETTERS, left justified and void of all punctuation. For any address other than a single family residence, an apartment or suite number must be included but the Apt. #, Suite # and/or Bldg # must NOT appear in the street address line. DO NOT TYPE ASSESSOR'S PARCEL NUMBER ON LABELS. DO NOT provide addressed envelopes - PROVIDE LABELS ONLY. Acceptable fonts are : Swiss 721, Enterprise TM, Courier New (TT) no larger than 11 pt. Sample labels are as follows: 2O75 Las Palmas Dr. • Carlsbad, CA 92OO9-1576 • (619) 438-1161 • FAX (619) 438-O894 - CUP 225x2 - PEKING GAVINS (WEST BLUFF) JUNE 26, 1996 ^ PAGE 2 UNACCEPTABLE UNACCEPTABLE ACCEPTABLE Mrs. Jane Smith Mrs. Jane Smith MRS JANE SMITH 1 23 Magnolia Ave., Apt #3 123 Magnolia Ave. APT 3 Carlsbad, CA 92008 Apt. #3 123 MAGNOLIA AVE Carlsbad, CA 92008 CARLSBAD CA 92008 C) Radius Map - a map to scale, not less than 1" = 200', showing all lots entirely and partially within 600 feet of the exterior boundaries of the subject property. Each of these lots should be consecutively numbered and correspond with the property owner's list. The scale of the map may be reduced to a scale acceptable to the Planning Director if the required scale is impractical. i D) Fee - a fee (check payable to the City of Carlsbad of cash only) shall be paid for covering the cost of mailing notices. Such fee shall equal the current postage rate times the total number of labels. Sincerely, ANNE HYSONG U Associate Planner Al+kc Attachment I HEREBY CERTIFY THAT THE PROPERTY OWNERS LIST AND LABELS SUBMITTED TO THE CITY OF CARLSBAD ON THIS DATE REPRESENT THE LATEST AVAILABLE INFORMATION FROM THE EQUALIZED ASSESSOR'S ROLES. APPLICATION NAME AND NUMBER APPLICANT OR APPLICANT'S REPRESENTATIVE BY: DATE: RECEIVED BY DATE: City of Carlsbad Planning Department NOTICE OF EXPIRATION April 2, 1996 Peking Palace La Costa 6990 El Camino Real #K Carlsbad CA 92009 SUBJECT: CUP 225x1 - PEKING PALACE LA COSTA In a recent audit of our records, we found that CUP No. 225x1 expired on February 9, 1995. Should you, the property owner, require an extension of this permit, please send the following: / Current business name (site of permit); / Current business (site of permit) owner's name and phone number; / Written request for an extension (please sign and print your name); / Your mailing address (if different from above); / Your phone number where we can reach you during business hours; and / A check in the amount of $400 ($55 for non-profit organizations). Send the required documents and check to: Attn: Brandi King City of Carlsbad Planning Department 2075 Las Palmas Drive Carlsbad CA 92009 We are in the process of establishing new procedures for handling CUP extensions and therefore will be granting additional time for the processing of your request. Your request for an extension must be received before May 2, 1996, to allow adequate time to process your application and schedule a hearing before the Planning Commission. If you do not request an extension by this date, the permit will be considered invalid and to continue operating, you will have to submit an application for a new permit, along with a check for $2,500 ($120 for non-profit organizations). If you have any questions, please contact your staff planner, Anne Hysong, in the Planning Department at (619) 438-1161, extension 4477. Sincerely, BRACKING Senior Office Specialist c: Anne Hysong File Copy 2075 Las Palmas Dr. • Carlsbad, CA 92OO9-1576 • (619) 438-1161 • FAX (619) 438-0894 93T825SD.2P02 .583 619438T855 COMPASS CAPITAL CORPORATION 2046 East Murray HoIIaday Road, Suite 200 Salt Lake City, Utah 84117 TEL (801) 277-3509 * FAX (801) - 277-8087 December 19, 1994 P. 02 Ms. Erin K. Letsch Planning Department City of Carlsbad Carlsbad, CA Dear Ms. Letsch: As Owner/General Partner of Westbluff Plaza, I hereby request the granting of an extension of the Conditional Use Permit #225 for PeldngTSiaee'Restaurant (formerly Szechuan Gardens), 6986 El Caraino Real, Suite K/L, Carlsbad, California 92009, Sincerely, StevelTF. Lowe, President Compass Capital Corporation, General Partner, Westbluff Associat SFL/lj COMPASS CAPITAL CORPORATION 2046 E»st Murray HoDaday Road, Suit* 200 Salt Lake City, Utah 84117 TEL (801) 277-3509 * FAX (801) - 277-S087 December 19, 1994 Ms. Erin K. Letsch Planning Department City of Carlsbad Carlsbad, CA Dear Ms, Lstsch: As Owner/General Partner of Westbluff Plaza. I hereby request tho granting of an extension of the Conditional Use Permit #225 for Pekingl^aeellestau rant (formerly Szechuan Gardens), 6986 El Camino Real, Suite K/L, Carlsbad, California 92009. Sincerely, StcverTF. Lowe, President Compass Capita] Corporation, General Partner, Westbluff Associal SFL/Ij COMPASS CAPITAL CORPORATION 2046 East Murray Holladay Road, Suite 200 Salt Lake City, Utah 84117 TEL (801) 277-3509 * FAX (801) - 277-8087 December 19, 1994 K. Lelsih Planning Department- City of Carlsbad Carlsbad, CA Dear Ms. Letsch: As Owner/General Partner of Westbluff Plaza, I hereby request the granting of an extension of the Conditional Use Permit #225 for Peking Palace Restaurant (formerly Szechuan Gardens), 6986 El Camino Real, Suite K/L, Carlsbad, California 92009. Sincerely, StevenT. Lowe, President Compass Capital Corporation, General Partner, Westbluff Associates^! SFL/lj PROJECT REVIEW On August 19. 1992 . CUP 225x1 . Peking Palace La Costa . was reviewed (date) (project number) (project name) for compliance with the conditions contained therein. The project was found to be in compliance with all the conditions of Resolution No. 3079 and no further action was taken. COMMENTS: Now named "Kings Garden" with Chinese cuisine and cocktails. Signed ///) J L^i CA~ VAN LYNCH c: Bobbie Hoder VL:vd PLANNING TECHNICIAN L PROJECT REVIEW On July 16. 1991 . CUP 225x1 . West Bluff Assoc. . was reviewed (date) (project number) (project name) for compliance with the conditions contained therein. The project was found to be in compliance with all the conditions of Resolution No. 3079 and no further action was taken. COMMENTS: Signed David Rick c: Erin Letsch DR:vd Planning Technician COMPASS CAPITAL CORPORATION 2144 South Highland Drive Salt Lake City, Utah 84106 Telephone: (801) 485-2321 March 28, 1990 Ms. Ann Hysong Planning Department City of Carlsbad Carlsbad, California Dear Ms. Hysong: As Owner/General Partner of Westbluff Plaza, I hereby request the granting of an extension of the Conditional Use Permit #169 for Aardvark Animal Health, 6986 El Camino Real, Suite I, Carlsbad, California 92009. Sincerely, COMPASS CAPITAL CORPORATION _ / :Jteverf FS-^Lowe, President, COMPASS CAPITAL CORPORATION, General Partner, ' .. Westbluff Associates, LTD. SFL:vp City of Carlsbad ^ i^^^^^M*»iM^HM>M^MPmm^^^^B^B^^^^I^Planning Department July 25, 1990 Compass Capital Corporation Steven F. Lowe, President, 2144 South Highland Drive Salt Lake City, Utah 84106 SUBJECT: CUP 225x1 - WESTBLUFF Preliminary Staff Report The preliminary staff report for the above referenced project will be available for you to pick up on Friday, July 27, 1990, after 8 a.m. This preliminary report will be discussed by staff at the Development Coordinating Committee (D.C.C.) meeting which will be held on Monday, August 6, 1990. A twenty (20) minute appointment has been set aside for you at 9:00 a.m. If you have any questions concerning your project, you should attend the D.C.C. meeting. It is necessary that you bring your required unmounted colored exhibit(s) with you to this meeting in order for your project to go forward to the Planning Commission. If you do not plan to attend this meeting, please make arrangements to have your colored exhibit(s) here by the scheduled time above. If you need additional information concerning this matter, please contact the Planning Department at 438-1161. CITY 0F) CARLSBAD 3ARY/E. WAYNE Assistant Planning Director GEW:AH/lh 2O75 Las Palmas Drive Carlsbad, California 92OO9-4859 • (619)438-1161 City of Carlsbad*r ^^MHHUV^'^HHHMMi^V'i^^MBiMV^nHHBNBMIPlannino Deoartment July 25, 1990 Westbluff Associates, Ltd. c/o Arden Graff 6994 El Camino Real, Ste. 208 Carlsbad, CA 92009 SUBJECT: CUP 225x1 - WESTBLUFF Preliminary Staff Report The preliminary staff report for the above referenced project will be available for you to pick up on Friday, July 27, 1990, after 8 a.m. This preliminary report will be discussed by staff at the Development Coordinating Committee (D.C.C.) meeting which will be held on Monday, August 6, 1990. A twenty (20) minute appointment has been set aside for you at 9:00 a.m. If you have any questions concerning your project, you should attend the D.C.C. meeting. It is necessary that you bring your required unmounted colored exhibit(s) with you to this meeting in order for your project to go forward to the Planning Commission. If you do not plan to attend this meeting, please make arrangements to have your colored exhibit(s) here by the scheduled time above. If you need additional information concerning this matter, please contact the Planning Department at 438-1 1 61 . CITY, OP CARLSBAD . SARY^E. WAYNE Assistant Planning Director GEW:AH/lh 2075 Las Palmas Drive • Carlsbad, California 92OO9-4859 (619) 438-1161 City of Carlsbad Planning Department NOTICE OF EXPIRATION March 21, 1990 Szechuan Gardens 6990 El Camino Real Ste. K Carlsbad, CA 92008 Dear Property Owner: In a recent audit of our records, we found that CUP No. 225 expired on February 9, 1988. If you would like an extension of this permit, please send us your request and a check for $375.00 ($100.00 for non-profit organizations), to City of Carlsbad, 2075 Las Palmas Drive, Carlsbad, CA 92009. Your request for an extension must be received no later than March 31, 1990 to allow adequate time to process your application and schedule a hearing before the Planning Commission. If you do not request an extension by this date, the permit will be considered invalid and to continue operating, you will have to submit an application for a new permit, along with a check for $2,000.00 ($100.00 for non-profit organizations). If you have any questions, please do not hesitate to contact me in the Planning Department at 438-1161. Sincerely, ERIN K. LETSCH Management Analyst EKL:lh 2O75 Las Palmas Drive Carlsbad, California 92OO9-4859 (619) 438-1 161 LEUCADIA COUNTY WATER DISTRICT .ICATION FOR SEWER SERVL The application must be signed by the owner (or his representative) of the property to be served. The total charges must be paid to the District at the time the application is submitted. , APPLICANT MUST SUBMIT EVIDENCE OF BUILDING PERMIT WITHIN 60 DAYS. FAILURE TO MAKE SUCH SUBMITTAL WILL RESULT IN AUTOMATIC CANCELLATION OF THE SEWER PERMIT. THE SEWER CONNECTION FEE LESS A $50 ADMINISTRA- TIVE FEE WILL BE REFUNDED. A six-month construction period shall be provided and sewer service charges for the bal- ance of the fiscal year shall be collected at the time of application for sewer permits. Sewer service charges for subsequent fiscal years shall be collected on the tax roll in the same manner as property taxes. If the six-month construction period extends into the sub- sequent fiscal year, a prorated sewer service charge for that fiscal year shall be collected on the tax roll in the same mariner as property taxes. The full sewer service charges for all subsequent years shall be collected on the tax roll in the same manner as property taxes. There will be no additional fee or refund if service actually commences on a different date. The prorated sewer service charge shall not be required in those applications for sewer permits for subdivisions. Such applicants shall be required to notify the District, on forms provided by the District, of escrow closings on individual properties within the subdivision. Sewer service charges shall commence upon close of escrow and will be the responsibility of the buyer. ff a service lateral is required, it will be installed by the Leucadia County Water District. The service' lateral is that part of the sewer system that extends from the main collection line in the street (or easement) to the point in the street (at or near the applicant's property line) where the service lateral is connected to the applicant's building sewer. The applicant is responsible for" the construction, at the applicant's expense, of the sewer pipeline (building sewer) from the applicant's plumbing to the point in the street (or easement) where a connection is made to the service lateral. " The connection of the applicant's building sewer to the service lateral shall be made by the applicant at his expense. The connection must be made in conformity with the District's specifications, rules and regulations; and IT MUST BE INSPECTED AND APPROVED. BY THE.DISTRICT BEFORE THE SEWER SYSTEM MAY BE USED BY THE APPLICANT. THE APPLICANT, OR HIS AUTHORIZED REPRESENTATIVE MUST NOTIFY THE DISTRICT AT THE TIME INSPECTION IS DESIRED. ANY CONNECTION MADE TO THE SERVICE LATERAL OR COLLECTION LINE WITHOUT PRIOR APPROVAL AND INSPECTION BY THE DISTRICT WILL BE CONSIDERED INVALID AND WILL NOT BE ACKNOWLEDGED. The Inspection Deposit will be refunded upon the completion of satisfactory inspection of the connection to the District's sewer system. The inspection deposit shall not apply in those cases in which the applicant has paid plan check and inspection fees for a subdivision. OWNER'S NAME: Alan Wong MAILING ADDRESS: 6990-K El Garni no Real d/b/a PHONE NUMBER: Szehchuan Garden 438-7886 ; EASEMENT: @$ /Foot SERVICE ADDRESS: same /Foot LOT NUMBER: West Bluff Plaza TRACT DESCRIPTION: ASSESSOR'S PARCEL NO: TYPE OF BUILDING RestaurantNO. OF UNITS_ 49 seats require 7 EDUs CONNECTION FEE: $10,500.00 LATERAL SIZE: EXTRA FOOTAGET EXTRA DEPTH: LATERAL FEE INSPECTION DEPOSIT PRORATED SEWER SERVICE FEE TOTAL $10,500.PC PAID BY: CASH CHECK NO. 102 RECEIVED BY: ecd 10,500.PC The undersigned hereby agrees that the above information given is correct and agrees to the conditions as stated. _ , ,Supplement (I |v~__ x ° - ""' 22 Nov- 1982 0812-00762S Owner's Signature Date Account No EARLY POSSESSION AGREEMENT ference is made to that lease dated Landlord Tenant at . 9*016 0*%Tenant is to be allowed to occupy the premises on (0&c)£rf\0Zgl. l^d-. Rent is to begin Sfl Mo,^ I f Landlord and tenant agree that all the terms and conditions of the above referenced lease are to be in full force and effect as of the date of Tenant's possession of the premises. Tenant agrees to accept premises in their present '-•<-•...,.'• condition, subject to Landlord's completion of all tenant improvements as set forth in the lease. Tenant understands . that his early occupancy may cause some delay in the construc- tion of the tenant improvements and that such delay will not be a cause for forgiveness of any rent due. The foregoing notwithstanding, unreasonable delay by Landlord shall relief Tenant of rental payment. It is further understood that prior to making any improvement of the leased premises by the Tenant, *. written consent of Landlord is necessary, and consent of Landlord shall not be unreasonably withheld. Any such violation may cause the termination of this lease. In the event Tenant takes possession of the premises prior to completion of any construction, tenant agrees to hold Landlord harmless from any and all claims for damages to goods, equipment or inconvenience. This early possession agreement is subject to : l) Floor Plan approval by the Landlord. 2} Landlord supplies necessary documents for permit application, such as Site Plan, Exterior Elevation, Building Section,, an-d— Refi ec ti-v-e— G-e-i-l-i-ag-^- DATE;/ 3, \<t ACCEPTED: LANDLORD TENANT: UAuthorized Agent \ Authorized Agent COMMERCIAL BROKERAGE COMPANY A COU3WEU. BANKED COMPANY SHOPPING CENTER LEASE NAME OF CENTER HESTBLUFF PLAZA I. PARTIES. This Lease, dated as of this 4th between Mola Development Corporation _day of_October °*-. is made by and (herein called "Landlord") and Brian Lee, Alan Hang, Leak Chhuong Ung dba Szechuan Garden fhereincalled"Tenant"). 2. PREMISES. Landlord does hereby lease to Tenant and Tenant hereby leases from Landlord that certain space (herein called cn less utility room OUin frontage by__feet in depth and containing"Premises"), having dimensions of approximately _ approximately '_ 1910 square feet of floor area. The location and dimensions of said Premises are delineated on Exhibit "A" attached hereto and incorporated by reference herein. Said Premises are located in the City of Larlsbad County of San Diego , state of California This Lease is subject to the terms, covenants and conditions herein set forth and the Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of said terms, covenants and conditions by it to be kept and performed. 3. USE. Tenant shall use the Premises for the purpose of operating a restaurant _ ___ ___ *See Addendum _ _ _ and shall not use or permit the Premises to be used for any other purpose without the prior written consent of Landlord. 4. MINIMUM RENT. 4.A. Tenant agrees to pay to Landlord as Minimum Rent, without notice or demand, the monthly sum of I WO I nOUSand One Hundred One and no/100 ---------------------------------------------- • — - ----------- ------------------------------------------ --------------------------- ($2 J 01. 00)--- Dollars. in advance, on or before the first day of each and every successive calendar month during the term hereof, except the first month's rent shall be paid upon the execution hereof. The rental shall commence (check applicable box): _1 S t, _ day of _ J-laXLCh. _. __ , 19 83On the , if the premises are being leased in its "as is" condition or subject to such incidental work as is to be performed by Landlord prior to said date (this work, if any, to be set forth in the' attached Exhibit B and in this latter event, the rental shall commence on said date only if Landlord shall have completed said work). 'dciyo trftci''Pubatantiftl"CompIcti<>it"of Londlord'o Work «a act forth [bit 3j-attached-hoycto-nTid incorporated' heroin..! /reference, or when the Tenant opens for business, whichever is sooner. Landlord agrees that it will, at its_ as soorvas is reasonably possible after the execution of this Lease, commence and pursue ,,~;^it~Tr~~—~ • i y— ---.— erected\>y Landlord to the extent shown on the attached Exhibit B labelled"Dejcjapt«rtroTCaTidlord's Work and Tenajft's/Wp;;]s">-, /'\ JPh'e" teriji "substantial completion of the Premises" is defineda_s_jjio-4attrorrwhich Landlord or its Architect notifies Te'hant in M writing Ahat the Premises are substantially conr£leta_t^-the^xtent of Landlord's Work specified in Exhibit B herepf J" I N I I 'gx-c&ptjon of such work as Landlordj^) the .installation of fixJjitadT'Tffq'uiprnent, and ^Mr^j^L-tfTKSlord's Work in the Premises and shall diligently prosecute such installation to completion, and shallNyjen fiejnjsos.'fyy hn.c-''"9T* ri"1' ^tw than thq CKpirntion of rrid 80 day ' coimHe_j£_*&-Tne extent ot Landlord s Work specified in Jiixmbit n nerepi,^y>am gne C5rnplete until Tenant performs necessary portions of its work. Tenant shall <A^we?rc«< any of Tenant's Work as set forth in said Exhibit B, promptly upon substantial drfrji-r Rent for any period which is for less than one (1) month shall be a prorated portion of the monthly installment herein based upon a thirty (30) day month. Said rental shall be paid to Landlord, without deduction or offset, in lawful money of the United States of America and at such place as Landlord may from time to time designate in writing. 4.B. THE MINIMUM RENTAL as set forth in 4(A) above shall be increased if the Consumer Price Index — U.S. City Average — All Urban Consumers (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 calendar month which is four months prior to the month in which rentals commence. The base period Index shall be compared with the Index for the same calendar month for each subsequent year (comparison month). If the Index for any comparison month is higher than the base period Index, then the minimum rental for the next year shall be increased by the identical percentage covcwnencing with the next rental commencement month. In no event shall the Minimum Rental be less than that set forth in 4(A) above. (By way of illustration only, if Tenant commenced paying rent in June of 1977, then the base period Index is that for February 1977 (assume 176.3) and that Index shall be compared to the Index for February 1978 (assume 185.8), and because the Index for February 1978 is 5.39% higher, the minimum rental commencing June, 19,78, shall be 5.39% higher; likewise the Index for February 1979 shaH be compared with the Index for February 1977). *See Addendu ;he Bureau discontinue the publication of the above Index, or publish same less frequently, or alter same in some other shall adopt a substitute index or substitute procedure which reasonably reflects and monitors consumer pr term shall be _ M V6 [5J _ full calendar years, owledge that certain obligations under various articles hereof may commence prior to the lease term, i.e. ion/*rij£ti&n ess, liability insurance, etc.; and the parties agree to be bound by these articles prior to commencement of theMease t4rYi. iCURITY DEPOSIT. Concurrently with Tenant's execution of this Lease, Tenant has deposited with Landlord a sum to the first two months rent. Said sum shall be held by Landlord as security for the faithful performance by Tenant of all the terms, covenants, and conditions of this Lease to be kept and performed by Tenant during the term hereof. If Tenant defaults with respect to any pi'ovision of this Lease, including, but not limited to the provisions relating to the payment of rent, Landlord may (but shall not be required to) use, apply or retain all or any part of this security deposit for the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion of said deposit is so used or applied Tenant shall, within five (5) days after written demand therefor, deposit cash with Landlord in an amount sufficient to restore the security deposit to its original amount and Tenant's failure to do so shall be a default under this Lease. Landlord shall not be required to keep this security deposit separate from its general funds, and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the security deposit or any balance thereof shall be returned to Tenant (or, at Landlord's option, to the last assignee of Tenant's interest hercundcr) within ten (10) days following expiration of the Lease term. In the event of termination of Landlord's interest in this Lease, Landlord shall transfer said deposit to Landlord's successor in interest. CBCB 5425 Rev. 5/78 (1) L CHARGES. ercentageRent. In addition to the Minimum Rent to be paid by Tenant pursuantlo Article 4, Tenant shall pay to Landlord at tfie-iirne and;) herein specified additional rent in an amount equal to S1 X ( 6) % of the amount of Tenant's gross\salycs,IrTatkt 'om the Premises during each calendar year of the Lqnse term. less the aggregate amount of the Minimum RentVreviant for said calendar year. Percentage rent to start after-tenant has gross salesexceeding $480,000.00 per year. -_Within thirty (30) days after the end~o.f each calendar month following commencement of rents, Tenant shall furnSTi Ccfndlord a statement in writing, certified by Tenant to be correct, showing the total gross sales made in, upon, or from the Preinises during the preceding calendar month, and shall accompany each such statement with a payment to Landlord equal to said hercinabove stated percentage of the total monthly gross sales made in, upon, or from the Premises during each calendar month, less the Minimum Rent for such prior calendar month, if previously paid. Said statement and payment shall be made with the suc- ceeding month's regular rental payment. Within thirty (30) days after the end of each calendar year of the term hereof, Tenant shall furnish to Landlord a statement in writing, certified to be correct, showing the total gross sales by months made in, upon, or from the Premises during the preceding calendar year, at which time an adjustment shall be made between Landlord and Tenant to the end that the total percentage rent paid for each such calendar year shall be a sum equal to said hereinabove stated percentage of the total gross sales made in, upon, or from the Premises during each calendar year of the term hereof, less the Minimum Rent pur- suant to Article 4 for each such calendar year, if previously paid, so that the pei-ccntage rent, although payable monthly, shall be computed and adjusted on an annual basis. III. The term "gross sales" as used in this Lease shall include the entire gross receipts of every kind and nature from sales and services made in, upon, or from the Premises, whether upon credit or for cash, in every department operating in the Premises, whether operated by the Tenant or by a subtenant or subtenants, or by a concessionaire or concessionaires, excepting therefrom any rebates and/or refunds to customers and the amount of all sales tax receipts which has to be accounted for by Tenant to any govern- ment, or any governmental agency. Sales upon credit shall be deemed cash sales and shall be included in the gross sales for the period which the merchandise is delivered to the customer, whether or not title to the merchandise passes with delivery. IV. The Tenant shall keep full, complete and proper books, records and accounts of its daily gross sales, both for cash and on credit, of each separate department, subtenant, and concessionaire operated at any time in the Premises. The Landlord and its agents and employees shall have the right at any and all times, during the regular business hours, to examine and inspect all of the books and records of the Tenant, including any sales tax reports pertaining to the business of the Tenant conducted in, upon or from the Premises, for the purpose of investigating and verifying the accuracy of any statement of gross sales. The Landlord may once in any calendar year cause an audit of the business of Tenant to be made by an accountant of Landlord's selection and if the statement of gross sales previously made to Landlord shall be found to be inaccurate, then and in that event, there shall be an adjustment and one party shall pay to the other on demand such sums as may be necessary to settle in full the accurate amount of said percentage rent that should have been paid for the period or periods covered by such inaccurate statement or statements. Ten- ant shall keep all said records for three (3) years. If said audit shall disclose an inaccuracy in favor of Tenant of greater than a two (2%) percent error with respect to the amount of gross sales reported by Tenant for the period of said report, then the Tenant shall immediately pay to Landlord the cost of such audit; otherwise, the cost of such audit shall be paid by Landlord. If such audit shall disclose any willful or substantial inaccuracies this Lease may thereupon be cancelled and terminated, at the option of Landlord. 7.B. Adjustments. I. In addition to the Minimum Rent provided in Article 4 hereinabove, and commencing at the same time as any rental commences under this Lease Tenant shall pay to Landlord the following items, herein called Adjustments: (a) All real estate taxes and insurance_ premiums on the Premises, including land, building, and improvements thereon. Said real estate taxes shall include all real estate taxes and assessments that are levied upon and/or assessed against the Premises, including any taxes which may be levied on rents. Said insurance shall include all insurance premiums for fire, extended coverage, liability, and any other insurance that" Landlord deems necessary on the Premises. Said taxes and insurance premjums for purpose of this provision shall be reasonably apportioned in accordance with the total floor area of the Premises as it relates to the total floor area of the Shopping Center which is from time to time completed as of the first day of each calendar quarter, (provided, however, that if any tenants in said building or buildings pay taxes directly to any taxing authority or carry their own insurance, as may be provided in their leases, their square footage shall not be deemed a part of the floor area). (b) That percent of the total cost of the following items as Tenant's total floor area bears to the total floor area of the Shopping Center which is from time to time completed as of the first day of each calendar quarter. (i) All real estate taxes, including assessments, all insurance costs, and all costs to maintain, repair, and replace common areas, parking lots, sidewalks, driveways, and other areas used in common by the tenants of the Shopping Center. (ii) All costs to supervise and administer said common areas, parking lots, sidewalks, driveways, and other areas used in common by the tenants or occupants of the Shopping Center. Said costs shall include such fees as may be paid to a third party in connection with same and shall in any event include a fee to Landlord to supervise and administer same in an amount equal to ten (10%) percent of the total costs of (i) above. (iii) Any parking charges, utilities surcharges, or any other costs levied, assessed or imposed by, or at the direction of, or resulting from statutes or regulations, or interpretations thereof, promulgated by any governmental authority in connection with the use or occupancy of the premises or the parking facilities serving the premises. II. Upon commencement of rental Landlord shall submit to Tenant a statement of the anticipated monthly Adjustments for the period between such commencement and the following January and Tenant shall pay these Adjustments on a monthly basis concurrently with the payment of the Rent. Tenant shall continue to make said monthly payments until notified by Landlord of a change thereof. By March 1 of each year Landlord shall endeavor to give Tenant a statement showing the total Adjustments for the Shopping Center for the prior calendar year and Tenant's allocable share thereof, prorated from the commencement of rental. In the event the total of the monthly payments which Tenant has made for the prior calendar year be less than the Tenant's actual share of such Adjustments then Tenant shall pay the difference in a lump sum within ten days after receipt of such statement from Landlord and shall concurrently pay the difference in monthly payments made in the then calendar year and the amount of monthly payments which are then calculated as monthly Adjustments based on the prior year's experience. Any over-payment by Tenant shall be credited towards the monthly Adjustments next coming due. The actual Adjustments for the prior year shall be used for purposes of calculating the anticipated monthly Adjustments for the then current year with actual determination of such Adjustments after each calendar year as above provided; excepting that in any year in which resurfacing- is contemplated Landlord shall be permitted to include the anticipated cost of same as part of the estimated monthly Adjustments. Even though the term has expired and Tenant has vacated the premises, when the final determination is made of Tenant's share of said Adjustments for the year in which this Lease terminates, Tenant shall immediately pay any increase due over the estimated Adjustments previously paid and, conversely, any overpayment made shall be immediately rebated by Landlord to Tenant. Failure of Landlord to submit statements as called for herein shall not be deemed to be a waiver of Tenant's requirement to pay sums as herein provided. 8. USES PROHIBITED. Tenant shall not do or permit anything to be done in or about the Premises nor bring or keep anything therein which is not within the permitted use of the premises which will in any way increase the existing rate of or affect any tire or other insurance upon the Building or any of its contents, or cause a cancellation of any insurance policy covering said Building or any part thereof or any of its contents. Tenant shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Building or injure or annoy them or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose; nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall not commit or allow to be committed any waste in or upon the Premises. 9. COMPLIANCE WITH LAW. Tenant shall not use the Premises, or permit anything to be done in or about the Premises, which will in any way conflict with any law, statute, ordinance or governmental rule or regulation now in force or which may hereafter be enacted or promulgated. Tenant shall, at its sole cost and expense, promptly comply with all laws, statutes, ordinances and govern- . CBCB 5425 Rev. 5/78 (2) repairs, alterations or improvements in or to any portion of the Building or the Premises or in ornuipment therein. Upon written notice from. Tenant, if Landlord refusesibre -qrae has.elapsed, Tenant has the right to make repair at Landlord mental rules, regulations or requirenHBs now in force or which may hereafter be irT^orce and with the requirements of any board of fire underwriters or other similar bodies now or hereafter constituted relating to or affecting the condition, use or occupancy of the Premises, excluding structural changes not related to or affected by Tenant's improvements or acts. The judgment of any court of competent jurisdiction or the admission of Tenant in any action against Tenant, whether Landlord be a party thereto or not, that Tenant has violated any law, statute, ordinance or governmental rule, regulation or requirement, shall be conclusive of that fact as between the Landlord and Tenant. 10. ALTERATIONS AND ADDITIONS. Tenant shall not make or allow to be made any alterations, additions or improvements to or of the premises or any part thereof without first obtaining the written consent of Landlord and any alterations, additions or improvements to or of said Premises, including, but not limited to, wall covering, paneling and built-in cabinet work, but excepting movable furniture and trade fixtures, shall at once become a part of the realty and belong to the Landlord and shall be surrendered with the Premises. In the event Landlord consents to the making of any alterations, additions or improvements to the Premises by Tenant, the same shall be made by Tenant at Tenant's sole cost and expense. Upon the expiration or sooner termination of the term hereof, Tenant shall, upon written demand by Landlord, given at least thirty (30) days prior to the end of the term, at Tenant's sole cost and expense, forthwith and with all due diligence, remove any alterations, additions, or improvements made by Tenant, designated by Landlord to be removed, and Tenant shall, forthwith and with all due diligence, at its sole cost and expense, repair any damage to the premises caused by such removal., 11. REPAIRS. ll.A. By entry hereunder, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair (except as hereinafter provided with respect to Landlord's obligations) including without limitation, the maintenance, replacement and repair of any storefront, doors, window casements, glazing, plumbing, pipes, electrical wiring and conduits, heating and air con- ditioning system (when there is an air conditioning system). Tenant shall obtain a service contract for repairs and maintenance of said system, said maintenance contract to conform to the requirements under the warranty, if any, on said system. Tenant shall, upon the expiration or sooner termination of this Lease hereof, surrender the Premises to the Landlord in good condition, broom clean, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Any damage to adjacent premises caused by Tenant's use of the Premises shall be repaired at the sole cost and expense of Tenant. 11.B. Notwithstanding the provisions of Article ll.A. hereinabove, Landlord shall repair and maintain the structural Dortipns*1 Building, including the exterior walls and roof, unless such maintenance and repairs are caused in part or in whcfle by,'fce^-'acft, /negleet^rfault or omission of any duty by the Tenant, its agents, servants, employees, invitees, or any damage caused b/breaking ami "I enteringAin which case Tenant shall pay to Landlord the actual cost of such maintenance and repairs. Landlord shall notSs^Hable/ jilure to make such repairs or to perform any maintenance unless such failure shall persist for an unreasonable't'jrjre jfft*£^~-• -s»4ttenrn<jn;ice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 25 h§Ho~£, / be no abatement of rent and no liability of Landlord by .reason of any injury to or interference writh Tenant's. J3Usiness>X arising/from the making of any repairs, alterations or improvements in or to_any jjprtion .of the Building or the^Premises^pr in or ;s, appurtenances and equipto reoair after reasonabliexpense. 12. LIENS. Tenant shall keep the Premises and the property in which the Premises are situated free from any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of Tenant. Landlord may require, at Landlord's sole option, that Tenant shall provide to Landlord, at Tenant's sole cost and expense, a lien and completion bond in an amount equal to one and one-half (1%) times the estimated cost of any improvements, additions, or alterations in the Premises which the Tenant desires to make, to insure Landlord against any liability for mechanics' and materialmen's liens and to insure completion of the work. 13. ASSIGNMENT AND SUBLETTING. Tenant shall not either voluntarily, or by operation of law, assign, transfer, mortgage, pledge, hypothecate or encumber this Lease or any interest therein, and shall not sublet the said Premises or any part thereof, or any right or privilege appurtenant thereto, or allow any other person (the employees, agents, servants and invitees of Tenant excepted) to occupy or use the said Premises, or any portion therof, without first obtaining the written consent of Landlord, which consent shall not be unreasonably withheld. A consent to one assignment, subletting, occupation or use by any other person shall not be deemed to be a consent to any subsequent assignment, subletting, occupation or use by another person. Consent to any such assign- ment or subletting shall in no way relieve Tenant of any liability under this Lease. Any such assignment or subletting without such consent shall be void, and shall, at the option of the Landlord, constitute a default under the terms of this Lease. In the event that Landlord shall consent to a sublease or assignment hereunder, Tenant shall pay Landlord reasonable fees, not to-exceed One Hundred and No/lOOths ($100.00) Dollars, incurred in connection with the processing of documents necessary to giving of such consent. 14. HOLD HARMLESS. Tenant shall indemnify and hold harmless Landlord against and from any and all claims arising from Tenant's use of the Premises or from the conduct of its business or from any activity, woi'k, or other things done, permitted or suffered by the Tenant in or about the Premises, and shall further indemnify and hold harmless Landlord against and from any and all claims arising from any breach or default in the performance of any obligation on Tenant's part to be performed under the terms of this Lease, or arising from any act or negligence of the Tenant, or any officer, agent, employee, guest, or invitee of Tenant, and from all costs, attorney's fees, and liabilities incurred in or about the defense of any such claim or any action or proceeding brought thereon and in case any action or proceeding be brought against Landlord by reason of such claim, Tenant upon notice from Landlord shall defend the same at Tenant's expense by counsel reasonably satisfactory to Landlord. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property or injury to persons in, xipon or about the Premises, from any cause other than Landlord's negligence; and Tenant hereby waives all claims in respect thereof against Landlord. Tenant shall give prompt notice to Landlord in case of casualty or accidents in the Premises. Landlord or its agents shall not be liable for any loss or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Building or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place resulting from dampness or any other cause whatsoever, unless, caused by or due to the negligence of Landlord, its agents, servants or employees. Landlord or its agents shall not be liable for interference with the light, air, or for any latent defect in the Premises. 15. SUBROGATION. As long as their respective insurers so permit, Landlord and Tenant hereby mutually waive their respective rights of recovery against each other for any loss insured by fire, extended coverage and other property insurance policies existing for the benefit of the respective parties. Each party shall apply to their insurers to obtain said waivers. Each party shall obtain any special endorsements, if required by their insurer to evidence compliance with the aforementioned waiver. 16. LIABILITY INSURANCE. Tenant shall, at Tenant's expense, obtain and keep in force during the term of this Lease a policy of comprehensive public liability insurance insuring Landlord and Tenant against any liability arising out of the ownership,use, occupancy or maintenance of the Premises and all areas appurtenant thereto. Such insurance shall be in the amount of not less than $300,000.00 for injury or death of one person in any one accident or occurrence and in the amount of not less than $500,000.00 for injury or death of more than one person in any one accident or occurrence. Such insurance shall further insure Landlord and Tenant against liability for property damage of at least $50,000.00. The limit of any such insurance shall not, however, limit the liability of the Tenant here- under. Tenant may provide this insurance under a blanket policy, provided that said insurance shall have a Landlord's protective liability endorsement attached thereto. If Tenant shall fail to procure and maintain said insurance, Landlord may, but shall not be required to, procure and maintain same, but at the expense of Tenant. Insurance required hereunder shall be in companies rated A:XII or better 171 "Best's Key Rating Guide". Tenant shall deliver to Landlord, prior to right of entry, copies of policies of liability insurance required herein or certificates evidencing the existence and amounts of such insurance with loss payable clauses satisfactory to Landlord. No policy shall be cancellable or subject to reduction of coverage. All such policies shall be written as primary policies not contributing with and not in excess of coverage which Landlord may carry. CBCB 5425 Rev. 5/78 (3) 17. UTILITIES. Tenant shall pay fo^Bw water, gas, heat, light, power, sewer charg^ffelephone service and all other services and utilities supplied to the Premises, together with any taxes thereon. If any such services are not separately metered to Tenant, Tenant shall pay a reasonable proportion to be determined by Landlord of all charges jointly metered with other premises. 18. PERSONAL PROPERTY TAXES. Tenant shall pay, or cause to be paid, before delinquency any and all taxes levied or assessed arid which become payable during the term hereof upon all Tenant's leasehold improvements, equipment, furniture, fixtures, and any other personal property located in the Premises. In the event any or all of the Tenant's leasehold improvements, equipment, furniture, fixtures and other personal property shall be assessed and taxed with the real property, Tenant shall pay to Landlord its share of such taxes within ten (10) days after delivery to Tenant by Landlord of a statement in writing setting forth the amount of such taxes applicable to Tenant's property. ;' 19. RULES AND REGULATIONS. Tenant shall faithfully observe and comply with the rules and regulations that Landlord shall from time to time promulgate and/or modify. The rules and regulations shall be binding upon the Tenant upon delivery of a copy of them to Tenant. Landlord shall not be responsible to Tenant for the nonperformance of any said rules and regulations by any other tenants or occupants. 20. HOLDING OVER. If Tenant remains in possession of the Premises or any part thereof after the expiration of the term hereof express written consent of Landlord, such occupancy shall be a tenancy from month to month at a rental in the amount of Monthly Minimum Rent, plus all other charges payable hereunder, and upon all the terms hereof applicable to a month to .month tenancy. n .-_,-• . • j. T, after timely notification to TenarBY LANDLORD. Landlord reserves, and shall at any and all times have/the right to enter the Premises to ^ • — TT same, tofcubmit said Premises to prospective purchasers or tenants, to post notices of non-responsibility, to repair the Prejrfises and ""V \N>iT&ny-j?or>ion of the Building of which the Premises are a part that Landlord may deem necessary or desirable, without ab'aten^iv^jof^. r. r rent, and may for that purpose erect scaffolding and other necessary structures where reasonably required by the character of the,/—. I work to be performed, always providing that the entrance to the Premises shall not be unreasonably blocked thereby, lamU£urther^ , providing that the business of the Tenant shall not be interfered with unreasonably. .Tenant hereby Virai'v"j n"y i-liim Inr/^'inyiTvTTK-w or-foy mvy injury or inconvonionoo to or intoi'fcrcncc-with Tcimnt'o buoincon, any loan of occupancy ov quiet enjoyment of tlte Prethi Jed. S ami '&n$ gfchev loaa oocaoion&d-th&¥«by. For each of the aforesaid purposes, Landlord shall at all times have and retain aNjgy with/ which to unlock all of the doors in, upon and about the Premises, excluding Tenant's vaults, safes and files, and Landlord shalTtraTe the right to use any and all means which Landlord may deem proper to open said doors in an emergency, in order to obtain entry to the Premises without liability to Tenant except for any failure to exercise due care for Tenant's property and any entry to the Premises obtained by Landlord by any of said means, or otherwise, shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction of Tenant from the Premises or any portion thereof. 22. TENANT'S DEFAULT. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Tenant. 22.A. The vacating or abandonment of the Premises by Tenant. 22. B. The failure by Tenant to make any payment of rent or any other payment required to be made by Tenant hereunder, as and when due, where such failure shall continue for a period of three (3) days after written notice thereof by Landlord to Tenant. 22. C. The failure by Tenant to observe or perform any of the covenants, conditions or provisions of this Lease to be observed or performed by the Tenant, other than described in Article 22. B, above, where such failure shall continue for a period of thirty (30) days after written notice thereof by Landlord to Tenant; provided, however, that if the nature of Tenant's default is such that more than thirty (30) days are reasonably required for its cure, then Tenant shall not be deemed to be in default if Tenant commences such cure within said thirty (30) day period and thereafter diligently prosecutes such cure to completion. 22.D. The making by Tenaiit of any general assignment or general arrangement for the benefit of creditors; or the filing by or against Tenant of a petition to have Tenant adjudged a bankrupt, or a petition or reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Tenant, the same is dismissed within sixty (60) days); or the appointment of a trustee or a receiver to take possession of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where possession is not restored to Tenant within thirty (30) days; or the attachment, execution or other judicial seizure of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where such seizure is not discharged within thirty (30) days. 23. REMEDIES IN DEFAULT. In the event of any such default or breach by Tenant, Landlord may at any time thereafter, in his sole discretion, with or without notice or demand and without limiting Landlord in the exercise of a right or remedy which Landlord may have by reason of such default or breach: 23.A. Terminate Tenant's right to possession of the Premises by any lawful means, in which case this Lease shall terminate and Tenant shall immediately surrender possession of the Premises to Landlord. In such event Landlord shall be entitled to recover from Tenant all damages incurred by Landlord by reason of Tenant's default including, but not limited to, the cost of recovering posses- sion of the Premises; expenses of reletting, including necessary renovation and alteration of the Premises; reasonable attorney's fees; the worth at the time of award by the court having jurisdiction thereof of the amount by which the unpaid rent and other charges and Adjustments called for herein for the balance of the term after the time of such award exceeds the amount of such loss for the same period that Tenant proves could be reasonably avoided; and that portion of any leasing commission paid by Landlord and applicable to the unexpired term of this Lease. Unpaid installments of rent or other sums shall bear interest from the date due at the maximum legal rate; or A 23. B. Maintain Tenant's right to possession, in which case this Lease shall continue in effect whether or not Tenant shall have abandoned the Premises. In such event Landlord shall be entitled to enforce all of Landlord's rights and remedies under this Lease. including the right to recover the rent and any other charges and Adjustments as may become due hereunder; or 23. C. Pursue any other remedy now or hereafter available to Landlord under the laws or judicial decisions of the State in which the Premises are located. 24. DEFAULT BY LANDLORD. Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event later than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have theretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligation; provided, however, that if the nature of Landlord's obligation is such that more than thirty (30) days are required for performance then Landlord shall not be in default if Landlord commences performance within such thirty (30) day period and thereafter diligently prosecutes the same to completion. In no event shall Tenant have the right to terminate this Lease as a result of Landlord's default and Tenant's remedies shall be limited to dam- ages and/or an injunction. 25. RECONSTRUCTION. In the event the Premises are damaged by fire or other perils covered by extended coverage insurance, Landlord agrees to forthwith repair same, and this Lease shall remain in full force and effect, except that Tenant shall be entitled to a proportionate reduction of the Minimum Rent from the date of damage and while such repairs are being made, such proportionate reduction to be based upon the extent to which the damage and making of such repairs shall reasonably interfere with the business carried on by the Tenant in the Premises. If the damage is due to the fault or neglect of Tenant or its employees, there shall be no abatement of rent. In the event the Premises are damaged as a result of any cause other than the perils covered by fire and extended coverage in- surance, then Landlord shall forthwith repair the same, provided the extent of the destruction be less than ten (10%) percent of the then full replacement cost of the Premises. In the event the destruction of the Premises is to an extent of ten (10%) percent or more of the full replacement cost then Landlord shall have the option; (1) to repair or restore sucli damage, this Lease continuing in full force and effect, but the Minimum Rent to be proportionately reduced as hereinabove in this Article provided; or (2) give CBCB 5425 Rev. 5/78 . (4) air, INI notice to Tenant at any time within^BW (60) days after such damage, terminating^Bs Lease as of the date specified in such notice, which date shall be no more than thirty (30) days after the giving of such notice. In the event of giving such notice, this Lease shall expire and all interest of the Tenant in the Premises shall terminate on the date so specified in such notice and the Minimum Rent, reduced by a proportionate reduction,, based upon the extent, if any, to which such damage interfered with the business carried on J>y_thc Tenant in the Premises, shall be paid up to date of said such termination. withstanding anything to the contrary contained in this Article, Landlord shall not have any obligation wh •econstrif^t or restore the Premises when the damage resulting from any casualty covered under this Article/bccu, ast twenty-four months of the term of this Lease or any extension thereof. |/ULandlond shall not be required to repair any injury or damage by fire or other cause, or to make any repairs o: cl improvements, fixtures, or other personal property of Tenant. *See Addendum \ 5NT DOMAIN. If more than twenty-five (25%) percent of the Premises shall be taken or appropriate' quasyxfblic authority under the power of eminent domain, either party hereto shall have the right, at its option, after said taking, to terminate this Lease upon thirty (30) days written notice. If either less than or more than 25% of the Premises are taken (and neither party elects to terminate as herein provided), the Minimum Rent thereafter to be paid shall be equitably reduced. If any part of the Shopping Center other than the Premises may be so taken or appropriated, Landlord shall within sixty (60) days of said taking have the right at its option to terminate this Lease upon written notice to Tenant. In the event of any taking or appropriation whatsoever, Landlord shall'be entitled to any and all awards and/or settlements which may be given and Tenant shall have no claim against Landlord for the value of any unexpired term of this Lease. 27. PARKING AND COMMON AREAS. Landlord covenants that upon completion of the Shopping Center an area approximately equal to the common and parking areas as shown on the attached Exhibit "A" shall be at all times available for the non-exclusive use of Tenant during the full term of this Lease or any extension of the term hereof, provided that the condemnation or other taking by any public authority, or sale in lieu of condemnation, of any or all of such common and parking areas shall not constitute a viola- tion of this covenant. Landlord reserves the right to change the entrances, exits, traffic lanes and the boundaries and locations of such parking area or areas, provided, however, that anything- to the contrary notwithstanding contained in this Article 27, said parking area or areas shall at all times be substantially equal or equivalent to that shown on the attached Exhibit "A". 27.A. Prior to the date of Tenant's opening for business in the Premises, Landlord shall cause said common and parking area or areas to be graded, surfaced, marked and landscaped at no expense to Tenant. 27.B. The Landlord shall keep said automobile parking and common areas in a neat, clean and orderly condition and shall repair any damage to the facilities thereof, but all expenses in connection with said automobile parking and common areas shall be charged and prorated in the manner as set forth in Article 7 hereof. 27.C. Tenant, for the use and benefit of Tenant, its agents, employees, customers, licensees and sub-tenants, shall have the non-exclusive right in common with Landlord, and other present and future owners, tenants and their agents, employees, customers, licensees and sub-tenants, to use said common and parking areas during the entire term of this Lease, or any extension thereof, for ingress and egress, and automobile parking. 27.D. The Tenant, in the use of said common and parking areas, agrees to comply with such reasonable rules, regulations and charges for parking as the Landlord may adopt from time to time for the orderly and proper operation of said common and parking areas. Such rules may include but shall not be limited to the following: (1) The restricting of employee parking to a limited, desig- nated area or areas; and (2) The regulation of the removal, storage and disposal of Tenant's refuse and other rubbish at the sole cost and expense of Tenant. KINS. The Tenant may affix and maintain upon the glass panes and supports of the show windows and within twelve (12) inches T^f any window and upon the exterior walls of_the Premises only such signs, advertising placards, names, i Hptive material as shall have first received the written approval of the Landlord as to type, size, color, "and display qualities. Anything to the contrary in this Lease notwithstanding, Tenant shall not affix any sign to>fhe f§oJ>.\a;-enaft| -shftHf-however, erect one sign on the front of the Premises not later than the date Tenant opens for business, in Accordance 4rrtMa' If^lTkteiigft to be prepared by Tenant and approved in writing by Landlord. *See Addendum 29. DISPLAYS. The Tenant may not display or sell merchandise or allow grocery carts or other similar devices Vitfi^ |ha coTitro ~"" 'of Tenant to be stored or to remain outside the defined exterior walls and permanent doorways of the Premises. Tenant furthe?'agrees not to install any exterior lighting, amplifiers or similar devices or use in or about the Premises any advertising mettHrni which^nay be heard or seen outside the Premises, such as flashing lights, searchlights, loudspeakers, phonographs or radio broadcasts. 30. AUCTIONS. Tenant shall not conduct or permit to be conducted any sale by auction in, upon or from the Premises whether said auction be voluntary, involuntary, pursuant to any assignment for the payment of creditors or pursuant to any bankruptcy or other insolvency proceeding. 31. HOURS OF BUSINESS. Subject to the provisions of Article 25 hereof, Tenant shall continuously during the entire term hereof conduct and carry on Tenant's business in the Premises and shall keep the Premises open for business and cause Tenant's business to be conducted therein during the usual business hours of each and every business day as is customary for businesses of like character in the city in which the Premises are located to be open for business; provided, however, that this provision shall not apply if the Premises should be closed and the business of Tenant temporarily discontinued therein on account of strikes, lockouts or similar causes beyond the reasonable control of Tenant. Tenant shall keep the Premises adequately stocked with merchandise, and with sufficient sales personnel to care for the patronage, and to conduct said business in accordance with sound business practice. In the event of breach by the Tenant of any of the conditions contained in this Article, the Landlord shall have, in addition to any and all remedies herein provided, the right at its option to collect not only the Minimum Rent herein provided, but additional rent at the rate of one-thirtieth (1/30) of the Minimum Rent herein provided for each and every day that the Tenant shall fail to conduct its business as herein provided; said additional rent shall be deemed to be in lieu of any percentage rent that might have earned during such period of the Tenant's failure to conduct its business as herein provided. t tti/Uri SKCHANTS' ASSOCIATION. 4f-a-•ioi'ity of the Shot Center ahall'determinc that it ia in the beet of the Stropping Center, Tenant will become a member of, and participate fully in, and remain in good stan^imjj»-t}le^Merchants' A^spclatioVi (as soon as the same has been formed), organized for tenants occupying preniisesJn_ihe-ShoppIrig Center, an ' Vill_ajiide py the regulations of such Association. Each member tenant shall hayeojie— f-HToteTand the Landlord shall al the operation of said Association. The objects of such^^sac4trtitrrTshall be to encourage its members to dahl with their customers, to encourage ethical_jiiis4«ess~practices, and to assist the business of the tenants-by srles promotion1 andcpiuerwide advertising. The Tenantjijy»«*^o^pay minimum dues to the Merchants' Association, provided however, / event shall the dues paidJjy_JIemnTF"Tnany fiscal year of said Association be in excess of twenty (20<) cents per sJju Premisesleaged-krTenant. Default in payment of dues shall be treated in similar manner to default in rent with like rig t^o pnllopfjni^ thprp.-.f /^ bffhqlf of .h Mrhn' rrit 33. GENERAL PROVISIONS. (i) Plats and Riders. Clauses, plats, riders and addendum s, if any, affixed to this Lease are a part hereof. (ii) Waiver. The waiver by Landlord of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or any subsequent breach of the same or any other term, covenant or condition herein contained. The subsequent acceptance of rent hereunder by Landlord shall not be deemed to be a waiver of any preceding default by Tenant ol any term, covenant or condition of this Lease, other than the failure of the Tenant to pay. the particular rental so accepted, regard- less of Landlord's knowledge of such preceding default at the time of the acceptance of such rent. (iii) Joint Obligation. If there be more than one Tenant the obligations hereunder imposed shall be joint and several. (iv) Marginal Headings. The marginal headings and article titles to the articles of this Lease are not a part of the Lease and shall have no effect upon the construction or interpretation of any part hereof. (v) Time. Time is of the essence of this Lease and each and all of its provisions in which performance is a factor. CBCB 5425 Rev. 5/78 (5) (vi) Successors and Assigns.^^^covenants and conditions herein conta'med.^J^ct to the provisions as to assignment, apply to and bind the heirs, successors, executors, administrators and assigns of the parties hereto. (vii) Rccordation. Neither Landlord nor Tenant shall record this Lease, but a short form memorandum hereof may be recorded at the request of Landlord. (viii) Quiet Possession. Upon Tenant paying the rent reserved hereunder and observing and performing all of the covenants, conditions and provisions on Tenant's part to be observed and performed hereunder, Tenant shall have quiet possession of the Prem- ises for the entire term hereof, subject to all the provisions of this Lease. (ix) Late Charges, Tenant hereby acknowledges that late payment by Tenant to Landlord of rent or other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Landlord by terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of rent or any sum due from Tenant shall not be received by Landlord or Landlord's designee within ten (10) days after written notice that said amount is past due, then Tenant shall pay to Landlord a late charge equal to the maximum amount permitted by law (and in the absence of any governing law, ten percent of such overdue amount), plus any attorneys' fees incurred by Landlord by reason of Tenant's failure to pay rent and/or other charges when due hereunder. The parties hereby agree that such late charges represent a fair and reasonable estimate of the cost that Landlord will incur by reason of the late payment by Tenant. Acceptance of such late charges by the Landlord shall in no event constitute a waiver of Tenant's default, with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. (x) Prior Agreements. This Lease contains all of the agreements of the parties hereto with respect to any matter covered or mentioned in this Lease, and no prior agreements or understanding pertaining to any such mattei-s shall be effective for any pur- pose. No provision of this Lease may be amended or added to except by an agreement in writing signed by the parties hereto or their respective successors in interest. This Lease shall not be effective or binding on any party until fully executed by both parties hereto. (xi) Inability to Perform. This Lease and the obligations of the Tenant hereunder shall not be affected or impaired because the Landlord is unable to fulfill any of its obligations hereunder or is delayed in doing so, if such inability or delay is caused by reason of strike, labor troubles, acts of God, or any other cause beyond the reasonable control of the Landlord. (xii) Partial Invalidity. Any provision of this Lease which shall prove to be invalid, void, or illegal shall in no way affect, impair or invalidate any other provision hereof and such other provision shall remain in full force and effect. (xiii) Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, whenever possible, be cum- with all other remedies at law or in equity, iv} Choice of Law. This Lease shall be governed by the laws of the State in which the Premises are loc (xv\ Attorneys' Fees. In the event of any action or proceeding brought by either party against theXther under prevailing party shall be entitled to recover for the fees of its attorneys in such action or proceeding, i/clutog ifjnvv^Jrijsuch amount as the court may adjudge reasonable as attorneys' fees. In addition, should it be nf_ Templey 1/gal counsel to enforce any ofll]!easona/iy incurred. All proceedithe provisions herein contained. Tenant agrees to pay all attorn1.111= LJLV V.I01U110 iieicill CUIllUllieU. -teiUUil, ct^J-C^iJ tU pcl^ 'ngs to take place in San Diego County. __ i) Sale of Premises by Landlord. In the event of any sale of the Premises by Landlord, Landlord\tjall'~~b~e ancpis hereby 'entirely freed and relieved of all liability under any and all of its covenants and obligations contained in or denved-f-rdm this Lease arising out of any act, occurrence or omission occurring after the consummation of such sale; and the purchaser, at such sale or any subsequent sale of the Premises shall be deemed, without any further agreement between the parties or their successors in interest or between the parties and any such purchaser, to have assumed and agreed to carry out any and all of the covenants and obligations of the Landlord under this Lease. (xvii) Subordination, Attornment. Upon request of the Landlord, Tenant will in writing subordinate its rights hereunder to the lien of any mortgage or deed of trust, to any bank, insurance company or other lending institution, now or hereafter in force against the Premises, and to all advances made or hereafter to be made upon the security thereof. In the event any proceedings are brought for foreclosure, or in the event of the exercise of the power of sale under any mortgage or deed of trust made by the Landlord covering the Premises, the Tenant shall attorn to the purchaser upon any such foreclosure or sale and recognize such purchaser as the Landlord under this Lease. The provisions of this Article to the contrary notwithstanding, and so long as Tenant is not in default hereunder, this Lease shall remain in full force and effect for the full term hereof. (xviii) Notices. All notices and demands which may or are to be required or permitted to be given by either party on the other hereiinder shall be in writing. All notices and demands by the Landlord to the Tenant shall be sent by United States Mail, postage prepaid, addressed to the Tenant at the Premises, and to the address hereinbelow, or to such other place as Tenant may from time to time designate in a notice to the Landlord. All notices and demands by the Tenant to the Landlord shall be sent by United States Mail, postage prepaid, addressed to the Landlord at the address set forth herein, and to such other person or place as the Landlord may from time to time designate in a notice to the Tenant. TO Landlord at: 6994 El Camino Real, Ste. 208, Carlsbad, CA. 92008 TO Tenant at: 6990 El Camino Real, Ste. K, Carlsbad, CA. 92008 (xix) Tenant's Statement. Tenant shall at any time and from time to time, upon not less than three days prior written notice from Landlord, execute, acknowledge and deliver to Landlord a statement in writing (a) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease as so modified is in full force and effect), and the date to which the rental and other charges are paid in advance, if any, and (b) acknowledging that there are not, to Tenant's knowledge, any uncured defaults, on the part of the Landlord hereunder, or specifying such defaults if any are claimed, and (c) setting forth the date of commencement of rents and expiration of the term hereof. Any such statement may be relied upon by the prospective purchaser or encumbrancer of all or any portion of the real property of which the Premises are a part. (xx) Authority of Tenant. If Tenant is a corporation, each individual executing this Lease on behalf of said corporation rep- resents and warrants that he is duly authorized to execute and deliver this Lease on behalf of said corporation, in accordance with the bylaws of said corporation, and that this Lease is binding upon said corporation. 34. Brokers. Tenant warrants that it has had no dealings with any real estate broker or agents in connection with the negotiation of this Lease excepting only Coldwell Banker Commercial Brokerage Company and it knows of no other real estate broker or agent who is entitled to a commission in connection with this Lease. Check if 35. Landlord and Tenant hereby acknowledge that Coldwell Banker Commercial Brokerage Company represents both parties Applicable herein, and Landlord and Tenant consent thereto. Consult Your Attorney: If this Lease has been filled in it has been prepared for submission to your attorney for his approval. No representation or recommendation is made by Coldwell Banker Com- ymercial Brokerage Company or its agents or employees as to the legal sufficiency, legal r tax consequences of this Lease. :ORPORATION SZECHUAN GARDEN, INC. Leak Chhuong Uricu Treasurer f ' ' (Landlord)Peter von Elten, Vice President CBCB 5425 Rev. 5/78 "TFTan Lee; President (U .Q-V V, "••"'"i leniini.)Alan Wang, Vice-Pres'fdent ADDENDUM TO SHOPPING CENTER LEASE DATED OCTOBER 4, 1982, BY AND BETWEEN MOLA. DEVELOPMENT CORPORATION, AS LANDLORD AND BRIAN LEE, ALAN WANG, LEAK CHHUONG UNG, AS TENANTS. 36. Use of the Premises. Use of the premises shall be used and occupied for the purpose of operating a restaurant with beer and wine service. Landlord shall have the prior right to approve all floor plans, layouts, signs and any and all other plans incident to the construction and operation of the restaurant. It is understood that such approval shall not be unreasonably withheld. The supervision of architectural control shall also relate to increased covered walk-way lighting. 37. Cost of Living Increase. The minimum rent shall be increased at the beginning of the fourth year by the same percentage increase which occurs in the Consumer Price Index -L.A./Long Beach Average All Urban Consumers (Index). The base period Index shall be the Index for the month of October 1985. This increase is not to exceed 15% per year. 38. Option to Renew. The initial lease term shall extend through February 29, 1988. Landlord agrees that if Tenant is not then in default under this Lease, Tenant shall have the option to renew .this lease for two (2) additional terms of five (5) years each commencing on the day immediately following the expiration of the term herein provided that: (a) Written notice of intent shall be given by Tenant no later than sixty (60) days prior to the expiration of each term, and (b) The terms and conditions of this lease shall continue in full force and effect, including, but not limited to, provisions for adjustment to and variations in rent. Upon the exercise of the option to extend, all references in this lease to the term shall be considered to mean the term as extended and all references to termination or to the end of the, term as extended. 39. Signs. The City of Carlsbad will not permit individual sign exposure on Rancho Market sign. However, Landlord will present to the City of Carlsbad as early as possible a complete package for additional signage to include all tenants in Westbluff Plaza. It is understood that there are no guarantees that this in fact will be approved. It is further understood and agreed that the only signage permitted on the premises will be the* back lit signs on the store front. No additional signage on the side of the building will be permitted and Landlord will have the right of prior control and review over the signage. Westbluff sign criteria to be closely followed. ADDENDUM Page One of Two 40. Condition of Premises. Landlord to build out one additional restroom in premises or issue credit to Tenant in the amount of One Thousand and no/100 ($1,000.00) Dollars. 41. Additional Space. Tenant shall have right of first refusal on adjacent one thousand (1000) square feet (Suite L). If Tenant exercises that right, Tenant reserves the right to apply for liquor license at that time. It is understood that Tenant has decided not to exercise that right at the time of this Lease. 42. Sewer Fees. Landlord agrees to pay for one-half (|) sewer fees, or approximately Five Thousand and no/100 ($5,000.00) Dollars. 43. Reconstruction. In the event of Landlord's exercise of Option (2), Tenant shall have the right of first refusal to lease the premises at the same terms, covenants and conditions as this Lease. In the event the premises are damaged by fire or other cuase the Landlord refuses to make repair after written notice by Tenant to Landlord, Tenant shall have the right to terminate this lease as of the date specified in such notice. ADDENDUM Page Two of Two m (c: 2750 TYPICALBATHROOM ! / yju -3HCV " t " *-* W *~ '• \ \ (B) . 2751 \s°" > (A) 3000 SQFT \ / JH <.'2 ^j <tl- Q WK D, >o<J CARLSBAD COMMERCIAL BUILDING TWO •* 1 i (D) 100,0 SQFT •'- " =T / (E) 1000 SQFT (F) 2000 SQFT -L (G) 1000 SQFT [j COVERED [ / STEPS (H) 1000 SQFT r STEPS -l (i) '1000 SQFT \ I (j; 2000 SQFT !!r . - "••", WALKWAY I r —. PHONE STEPS CARLSBAD COMMERCIAL BUILDING THREE DEVELOPMENTAL ISL.,_s>Jf% 1200 ELM AVENUE SERVICES & N^Pr II CARLSBAD, CALIFORNIA 92008-1989 LAND USE PLANNING OFFICE WHff-*7. j (619) 438-5591 Cttp of Cartefaab January 28, 1983 Szechuan Garden LC, Inc. 6990 El Camino Real, Suite K Carlsbad, CA 92008 SUBJECT: CUP-225 Szechuan Gardens Preliminary Staff Report The preliminary staff report for the above referenced project has been completed. A copy of the report including the recom- mendation and conditions, is enclosed. This preliminary report will be discussed by staff at the Development Coordinating Committee (D.C.C.) meeting which will be held on February 1, 1983, beginning at 9:00 a.m. If you have any questions concerning the report, you may attend the D.C.C. meeting. If you need additional information concerning this matter, please contact the Land Use Planning Office at 438-5591. CITY OF CARLSBAD MICHAEL J. HOLZMILLER Land Use Planning Manager Land Use Planning Office MJH:bw Enclosure NOTE.4 flftS DATE: TO; FROM: SUBJECT: Proposal ll/1 • -MEMORANDUM o Fire Department, Building, and Park; ^creation . • Planning Department ' • • Request for Review and Comment on Axmlication•* \ .A s* f ^ ^h .^r —.I..-.*. ^ A_"^- *~*^ i ^ —. ^ ^ 6- 1 £iAJ6sT Project Planner This item, has been tentatively scheduled for the Planning Commission meeting of ^A ^\ I ^ ^ ; - Please review and submit written' cclrnments and/or conditions to the Planning Department by \\/\A^.O\^T^ $Ut&£ . If not received by that date, it v/ill be assumed that you have no coirauent and that the proposal has your endorsement as sub- mitted. Thank "you. . . • .--... • .. Comment . .' •• . ''••'.'•" KJQ ATTACHMENTS Location Map Project map ox- plans (if any) KB: jt r fc»<9T'»JC> OLJlbOlKO f ' VI "-PffW K-C-U- -* ,L- 7D SITE PLAN KZCtaixS ircimic AJI WHMXASH JK'ftNt ,rcuout , end JJVJK; TU lovrniitLr L LCT AR£A; -ilUiLDJNG AREA.I OC-CQ *3 tr-ASE SPACt: iat>OO ff -TYPE OF CONSTRUCTION; OCCUfAHCT: D'i , MA> o ^ARKIMQ: (^ 5^-Ct-S XMW «nc. AM M04T1R.4