HomeMy WebLinkAboutPalomar 46; 1998-02-17;EXHIBIT 2
Southern California Chapter of the
Society of Industrial and Office Realtors,@ Inc. ;, -il;‘i: ~
INDUSTRIAL REAL ESTATE LEASE
(MULTI-TENANT FACILITY)
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ARTICLE ONE: BASIC TERMS
This Article One contains the Basic Terms of this Lease between the Landlord and Tenant named below.
Other Articles, Sections and Paragraphs of the Lease referred to in this Article One explain and define the Basic
Terms and are to be read in conjunction with the Basic Terms.
Section 1.01. Date of Lease: FEEsma17, 1998
Section 1.02. Landlord (include legal entity):
Address of Landlord: 5411 A-EtCUU!S, XJI’Il3 110
cllRwsm,cA 92009
Section 1.03. Tenant (include legal entity): CrIYcFGstLtmD
Address of Tenant:
Section 1.04. Property: The Property is part of Landlord’s multi-tenant real property development known
as l?KmwiM
and described or depicted in Exhibit “A” (the “Project”]. The Project includes the land, the buildings and all other improvements located on the land, and the common areas described in Para ra h 4 05 a The Pro ert is (include street address, approximate square footage and description) d&*&d&
IIxlyIEDm
2075CQ?IEDSNBS,SIEQ
CARLSBAD, CA 92009
Section 1.05. Lease Term: 3 years O months beginning on -01.
or such other date as is specified in this Lease, and ending on - R 31 _ X-301
Section 1.06. Permitted Uses: (See Article Five] MuNIcIPAJ, a- PLJREOSES
Section 1.07. Tenant’s Guarantor: (If none, so state) N/A I
(1
Section 1.08. Brokers:’ (See Article Fourteen) (If none, so,pte) Landlord’s Broker:
Tenant’s Broker: N/A
Section 1.09. Commission Payable to Landlord’s Broker: (See Article Fourteen) $ b
Section 1.10. Initial Security Deposit: (See Section 3.03) $ 1 ,565-OO (@J HAND)
Section 1.11. Vehicle Parking Spaces Allocated to Tenant: (See Section 4.05) NONE AS?XGI’-JED
Section 1.12. Rent and Other Charges Payable by Tenant:
(a) BASE RENT: ONE THOUSAND TWO HUNDRED THIRTY SIX AND XX/?00 Dollars ($ 1,236.OO I
per month for the first 12 months, as provided in Section 3.01, and shall be increased on the
first day of the 13 month(s) after the Commencement Date, either (i) as provided in
Section 3.02, or (ii) SEE RliINTAL SCHEDULE
. (If (ii) is completed, then (i) and Section 3.02 are inapplicable.)
Taxes (See Section 4.08); (vi) III
Section 1.14. Landlord’s Share of Profit on Assignment or Sublease: (See Section 9.65) ONE
HI percent (loo %) of the Profit (the “Landlord’s Share”).
Section 1.15. Riders: The following Riders are attached to and made a part of this Lease: (If none, so state) 1”
-' SECTION 15, 16, 17, 18 & 19
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ART1,CI.Z TWO: LEASE TERM
Section 2.01. Lease of Property For Lease Term. Landlord leases the Property to Tenant and Tenant le ‘ses tl
the Property from Landlord for the Lease Term. The Lease Term is for the period stated in Section 1.05 above and
shall begin and end on the dates specified in Section 1.05 above, unless the beginning or end of the Lease Term is
changed under any provision of this Lease. The “Commencement Date” shall be the date specified in Section 1.05
above for the beginning of the Lease Term, unless advanced or delayed under any provision of this Lease.
Section 2.02. Delay in Commencement. Landlord shall not be liable to Tenant if Landlord does not deliver
possession of the Property to Tenant on the Commencement Date. Landlord’s non-delivery of the Property to Tenant
on that date shall not affect this Lease or the obligations of Tenant under this Lease except that the Commencement
Date shall be delayed until Landlord delivers possession of the Property to Tenant and the Lease Term shall be
extended for a period equal to the delay in delivery of possession of the Property to Tenant, plus the number of days
necessary to end the Lease Term on the last day of a month. If Landlord does not deliver possession of the Property to
Tenant within sixty (60) days after the Commencement Date, Tenant may elect to cancel this Lease by giving written
notice to Landlord within ten (10) days after the sixty (60) -day period ends. If Tenant gives such notice, the Lease
shall be cancelled and neither Landlord nor Tenant shall have any further obligations to the other. If Tenant does not
give such notice, Tenant’s right to cancel the Lease shall expire and the Lease Term shall commence upon the
delivery of possession of the Property to Tenant. If delivery of possession of the Property to Tenant is delayed,
Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the actual
Commencement Date and expiration date of the Lease. Failure to execute such amendment shall not affect the actual
Commencement Date and expiration date of the Lease.
Section 2.03. Early Occupancy. If Tenant occupies the Property prior to the Commencement Date, Tenant’s
occupancy of the Property shall be subject to all of the provisions of this Lease. Early occupancy of the Property shall
not advance the expiration date of this Lease. Tenant shall pay Base Rent and all other charges specified in this Lease
for the early occupancy period.
Section 2.04. Holding Over. Tenant shall vacate the Property upon the expiration or earlier termination of this Lease. Tenant shall reimburse Landlord for and indemnify Landlord against all damages which Landlord incurs
from Tenant’s delay in vacating the Property. If Tenant does not vacate the Property upon the expiration or earlier
termination of the Lease and Landlord thereafter accepts rent from Tenant, Tenant’s occupancy of the Property shall
be a “month-to-month” tenancy, subject to all of the terms of this Lease applicable to a month-to-month tenancy,
except that the Base Rent then.in effect shall be increased by twenty-five percent (25Oh).
ARTICLE THREE: BASE RENT
Section 3.01. Time and Manner of Payment. Upon execution of this Lease, Tenant shall pay Landlord $e
Base Rent in the amount stated in Paragraph 1.12(a) above for the first month of the Lease Term. On the first day of
the second month of the Lease Term and each month thereafter, Tenant shall pay Landlord the Base Rent, in advance,
without offset, deduction or prior demand. The Base Rent shall be payable at Landlord’s address or at such other
place as Landlord may designate in writing.
Adjustment Date”) stated in Paragrapuh 1.12(a) above in accordance with the increase in the Unit
of Labor, Bureau of Labor Statistics, Consumer Price Index for All Urban Consumers (all items
Statistical Area in which the Property is located on the basis of 1982-1984 = 100) (the “Ind
.
ustment Date shall Date”) on which
payment of the Comparison Base Rent began through the month in whi
occurs. The Base Rent shall not be reduced by reason of such camp increase by a written statement which shall include t p&son Date, the Index for the
applicable Rental Adjustment Date, the percentage in s, and the new Base Rent. Any
increase in the Base Rent provided for in this Section 0 any minimum or maximum increase, if
provided for in Paragraph 1.12(a).
(b) Tenant shall pay the new Base e applicable Rental Adjustment Date until the next Rental
Adjustment Date. Landlord’s notice m
Tenant shall pay Landlord the accr
increase and Landlord’s n
components of the Ind hanged after the Commencement Date, Landlord shall substitute an index
au of Labor Statistics or similar agency and which is most nearly equivalent to the
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Sektion 3.03. Security Deposit; Increases.
(a) Upon the execution of this Lease, Tenant, shall deposit with Landlord a cash Security Deposit in the amount set forth in Section 1.10 above. Landlord may apply all or part of the Security Deposit to any unpaid rent or other]
charges due from Tenant or to cure any other defaults of Tenant. If Landlord uses any part of the Security Deposit,
Tenant shall restore&e Security Deposit to its full amount within ten (10) days after Landlord’s written request.
Tenant’s failure to do so shall be a material default under this Lease. No interest shall be paid on the Security
Deposit. Landlord shall not be required to keep the Security Deposit separate from its other accounts and no trust
relationship is created with respect to the Security Deposit.
(b) Each time the Base Rent is increased, Tenant shall deposit additional funds with Landlord sufficient to
increase the Security Deposit to an amount which bears the same relationship to the adjusted Base Rent as the initial
Security Deposit bore to the initial Base Rent.
Section 3.04. Termination; Advance Payments. Upon termination of this Lease under Article Seven
(Damage or Destruction), Article Eight (Condemnation) or any other termination not resulting from Tenant’s default,
and after Tenant has vacated the Property in the manner required by this Lease, Landlord shall refund or credit to
Tenant (or Tenant’s successor) the unused portion of the Security Deposit, any advance rent or other advance
payments made by Tenant to Landlord, and any amounts paid for real property taxes and other reserves which apply
to any time periods after termination of the Lease.
ARTICLE FOUR: OTHER CHARGES PAYABLE BY TENANT
Section 4.01. Additional Rent, All charges payable by Tenant other than Base Rent are called “Additional
Rent.” Unless this Lease provides otherwise, Tenant shall pay all Additional Rent then due with the next monthly
installment of Base Rent. The term “rent” shall mean Base Rent and Additional Rent,
Section 4.02. Property Taxes.
(a) Real Property Taxes. Landlord shall pay the “Base Real Property Taxes” on the Property during the Lease
Term. Base Real Property Taxes are real property taxes applicable to the Property as shown on the tax bill for the
most recent tax fiscal year ending prior to the Commencement Date, However, if the structures on the Property are
not completed by the tax lien date of such tax fiscal year, the Base Real Property Taxes are the taxes shown on the
first tax bill showing the full assessed value of the Property after completion of the structures. Tenant shall pay
Landlord the amount, if any, by which the real property taxes during the Lease Term exceed the Base Real Property
Taxes. Subject to Paragraph 4.02(c), Tenant shall make such payments within fifteen (15) days after receipt of
Landlord’s statement showing the amount and computation of such increase. Landlord shall reimburse Tenant for ’
any real property taxes paid by Tenant covering any period of time prior to or after the Lease Term.
(b) Definition of “Real Property Tax.” “Real property tax” means: (i) any fee, license fee, license tax,
business license fee, commercial rental tax, levy, charge, assessment, penalty or tax imposed by any taxing authority
against the Property; (ii) any tax on the Landlord’s right to receive, or the receipt of, rent or income from the Property
or against Landlord‘s business of leasing the Property; (iii) any tax or charge for fire protection, streets, sidewalks,
road maintenance, refuse or other services provided to the Property by any governmental agency; (iv] any tax
imposed upon this transaction or based upon a re-assessment of the Property due to a change of ownership, as
defined by applicable law, or other transfer of all or part of Landlord’s interest in the Property; and (v) any charge or
fee replacing any tax previously included within the definition of real property tax. “Real property tax” does not,
however, include Landlord’s federal or state income, franchise, inheritance or estate taxes.
(c) Joint Assessment. If the Property is not separately assessed, Landlord shall reasonably determine Tenant’s,,,
share of the real property tax payable by Tenant under Paragraph 4.02(a) from the assessor’s worksheets or other reasonably available information. Tenant shall pay such share to Landlord within fifteen (15) days after receipt of
Landlord’s written statement.
(d) ,Personal Property Taxes.
(i) Tenant shall pay all taxes charged against trade fixtures, furnishings, equipment or any other personal
property belonging to Tenant, Tenant shall try to have personal property taxed separately from the Property.
(ii) If any of Tenant’s personal property is taxed with the Property, Tenant shall pay Landlord the taxes for
the personal property within fifteen (15) days after Tenant receives a written statement from Landlord for such
personal property taxes.
Section 4.03. Utilities. Tenant shall pay, directly to the appropriate supplier, the cost of all natural gas, heat,
light, power, sewer service, telephone, water, refuse disposal and other utilities and services supplied to the
Property. However, if any services or utilities are jointly metered with other property, Landlord shall make a
reasonable determination of Tenant’s proportionate share of the cost of such utilities and services and Tenant shall
pay such share to Landlord within fifteen (15) days after receipt of Landlord’s written statement. 8
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’ Section 4.04. ‘Insurance Policies,
(a) Liability Insurance. During the Lease Term, Tenant shall maintain a policy of commercial general liability /
insurance (sometimes known as broad form comprehensive general liability insurance) insuring Tenant against
liability for bodily injury, property damage (including loss of use of property) and personal injury arising out of the
operation, use or o&upancy of the Property. Tenant shall name Landlord as an additional insured under such policy.
The initial amount of such insurance shall be One Million Dollars ($l,OOO,OOO) per occurrence and shall be subject to
periodic increase based upon inflation, increased liability awards, recommendation of Landlord’s professional
insurance advisers and other relevant factors. The liability insurance obtained by Tenant under this Paragraph 4.04(a)
shall (i) be primary and non-contributing; (ii) contain cross-liability endorsements; and (iii) insure Landlord against
Tenant’s performance under Section 5.05, if the matters giving rise to the indemnity under Section 5.05 result from the negligence of Tenant. The amount and coverage of such insurance shall not limit Tenant’s liability nor relieve
Tenant of any other obligation under this Lease. Landlord may also obtain comprehensive public liability insurance
in an amount and with coverage determined by Landlord insuring Landlord against liability arising out of
ownership, operation, use or occupancy of the Property. The policy obtained by Landlord shall not be contributory
and shall not provide primary insurance.
(b) Property and Rental Income Insurance. During the Lease Term, Landlord shall maintain policies of
insurance covering loss of or damage to the Property in the full amount of its replacement value. Such policy shall
contain an Inflation Guard Endorsement and shall provide protection against all perils included within the
classification of fire, extended coverage, vandalism, malicious mischief, special extended perils (all risk), sprinkler
leakage and any other perils which Landlord deems reasonably necessary. Landlord shall have the right to obtain
flood and earthquake insurance if required by any lender holding a security interest in the Property. Landlord shall
not obtain insurance for Tenant’s fixtures or equipment or building improvements installed by Tenant on the
Property. During the Lease Term, Landlord shall also maintain a rental income insurance policy, with loss payable to Landlord, in an amount equal to one year’s Base Rent, plus estimated real property taxes and insurance premiums.
Tenant shall be liable for the payment of any deductible amount under Landlord’s or Tenant’s insurance policies
maintained pursuant to this Section 4.04, in an amount not to exceed Ten Thousand Dollars ($10,000). Tenant shall
not do or permit anything to be done which invalidates any such insurance policies.
(c) Payment of Premiums.
(i) Landlord shall pay the “Base Premiums” for the insurance policies maintained by Landlord under
Paragraph 4.04(b). If the Property has been previously fully occupied, the “Base Premiums” are the insurance
premiums paid during or applicable to the last twelve (12) months of such prior occupancy. If the Property has
not been previously fully occupied or has been occupied for less than twelve (12) months, the Base Premiums are the lowest annual premiums reasonably obtainable for the required insurance for the Property as of the
Commencement Date.
(ii) Tenant shall pay Landlord the amount, if any, by which the insurance premiums for all policies
maintained by Landlord under Paragraph 4.04(b) have increased over the Base Premiums, whether such
increases result from the nature of Tenant’s occupancy, any act or omission of Tenant, the requirement of any
lender referred to in Article Eleven [Protection of Lenders), the increased value of the Property or general rate
increases. However, if Landlord substantially increases the amount of insurance carried or the percentage of
insured value after the period during which the Base Premiums were calculated, Tenant shall only pay Landlord
the amount of increased premiums which would have been charged by the insurance carrier if the amount of ~1
insurance or percentage of insured value had not been substantially increased by Landlord. This adjustment in
the amount due from Tenant shall be made only once during the Lease Term. Thereafter, Tenant shall be
obligated to pay the full amount of any additional increases in the insurance premiums, including increases
resulting from any further increases in the amount of insurance or percentage of insured value. Subject to
Section 4.05, Tenant shall pay Landlord the increases over the Base Premiums within fifteen (15) days after
receipt by Tenant of a copy of the premium statement or other evidence of the amount due. If the insurance
policies maintained by Landlord cover improvements or real property other than the Property, Landlord shall
also deliver to Tenant a statement of the amount of the premiums applicable to the Property showing, in
reasonable detail, how such amount was computed. If the Lease Term expires before the expiration of the
insurance period, Tenant’s liability shall be pro rated on an annual basis.
(d) General Insurance Provisions.
(i) Any insurance which Tenant is required to maintain under this Lease shall include a provision which
requires the insurance carrier to give Landlord not less than thirty (30) days’ written notice prior to any
cancellation or modification of such coverage.
, (ii) If Tenant fails to deliver any policy, certificate or renewal to Landlord required under this Lease within
the prescribed time period or if any such policy is cancelled or modified during the Lease Term without
Landlord’s consent, Landlord may obtain such insurance, in which case Tenant shall reimburse Landlord for the
cost of such insurance within fifteen (15) days after receipt of a statement that indicates the cost of such
insurance.
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. (iii) Tenant shall maintain all insurance required under this Lease with companies holding a “General
Policy Rating” of A-12 or better, as set forth in the most current issue of “Best Key Rating Guide”. Landlord and
Tenant acknowledge the insurance markets are rapidly changing and that insurance in the form and amounts J
described in this Section 4.04 may not be available in the future. Tenant acknowledges that the insurance
described in this Section 4.04 is for the primary benefit of Landlord. If at any time during the Lease Term, Tenant
is unable to maintain the insurance required under the Lease, Tenant shall nevertheless maintain insurance
coverage which is customary and commercially reasonable in the insurance industry for Tenant’s type of
business, as that coverage may change from time to time, Landlord makes no representation as to the adequacy of such insurance to protect Landlord’s or Tenant’s interests. Therefore, Tenant shall obtain any such additional property or liability insurance which Tenant deems necessary to protect Landlord and Tenant.
(iv) Unless prohibited under .any applicable insurance policies maintained, Landlord and Tenant each hereby waive any and all rights of recovery against the other, or against the officers, employees, agents or
representatives of the other, for loss of or damage to its property or the property of others under its control, if
such loss or damage is covered by any insurance policy in force (whether or not described in this Lease) at the
time of such loss or damage. Upon obtaining the required policies of insurance, Landlord and Tenant shall give
notice to the insurance carriers of this mutual waiver of subrogation,
Section 4.05. Common Areas; Use, Maintenance and Costs.
(a] Common Areas. As used in this Lease, “Common Areas” shall mean all areas within the Project which are available for the common use of tenants of the Project and which are not leased or held for the exclusive use of
Tenant or other tenants, including, but not limited to, parking areas, driveways, sidewalks, loading areas, access
roads, corridors, landscaping and planted areas. Landlord, from time to time, may change the size, location, nature
and use of any of the Common Areas, convert Common Areas into leaseable areas, construct additional parking
facilities (including parking structures) in the Common Areas, and increase or decrease Common Area land and/or
facilities. Tenant acknowledges that such activities may result in inconvenience to Tenant. Such activities and
changes are permitted if they do not materially affect Tenant’s use of the Property.
(b) Use of Common Areas. Tenant shall have the nonexclusive right (in common with other tenants and all
others to whom Landlord has granted or may grant such rights) to use the Common Areas for the purposes intended,
subject to such reasonable rules and regulations as Landlord may establish from time to time. Tenant shall abide by
such rules and regulations and shall use its best effort to cause others who use the Common Areas with,Tenant’s
express or implied permission to abide by Landlord’s rules and regulations. At any time, Landlord may close any
Common Areas to perform any acts.in the Common Areas as, in Landlord’s judgment, are desirable to improve the Project. Tenant, shall not interfere with the rights of Landlord, other tenants or any other person entitled to use the
Common Areas.
(c) Specific Provision re: Vehicle Parking. Tenant shall be entitled to use the number of vehicle parking
spaces in the Project allocated to Tenant in Section 1.11 of the Lease without paying any additional rent. Tenant’s
parking shall not be reserved and shall be limited to vehicles no larger than standard size automobiles or pickup
utility vehicles. Tenant shall not cause large trucks or other large vehicles to be parked within the Project or on the 1,,
adjacent public streets. Temporary parking of large delivery vehicles in the Project may be permitted by the rules and
regulations established by Landlord. Vehicles shall be parked only in striped parking spaces and not in driveways,
loading areas or other locations not specifically designated for parking. Handicapped spaces shall only be used by
those legally permitted to use them. If Tenant parks more vehicles in the parking area than the number set forth in
Section 1.11 of this Lease, such conduct shall be a material breach of this Lease. In addition to Landlord’s other
remedies under the Lease, Tenant shall pay a daily charge determined by Landlord for each such additional vehicle.
(d) Maintenance of Common Areas. Landlord shall maintain the Common Areas in good order, condition
and repair and shall operate the Project, in Landlord’s sole discretion, as a first-class industrial/commercial real
property development. Tenant shall pay Tenant’s pro rata share (as determined below) of all costs incurred by
Landlord for the operation and maintenance of the Common Areas. Common Area costs include, but are not limited
to, costs and expenses for the following: gardening and landscaping; utilities, water and sewage charges; mainte-
nance of signs (other than tenants’ signs); premiums for liability, property damage, fire and other types of casualty
insurance on the Common Areas and worker’s compensation insurance; all property taxes and assessments levied on
or attributable to the Common Areas and all Common Area improvements; all personal property taxes levied on or
attributable to personal property used in connection with the Common Areas; straight-line depreciation on personal
property owned by Landlord which is consumed in the operation or maintenance of the Common Areas; rental or
lease payments paid by Landlord for rented or leased personal property used in the operation or maintenance of the
Common Areas; fees for required licenses and permits; repairing, resurfacing, repaving, maintaining, painting, lighting, cleaning, refuse removal, security and similar items; reserves for roof replacement and exterior painting and
other appropriate reserves; and a reasonable allowance to Landlord for Landlord’s supervision of the Common Areas
(not to exceed five percent (5%) of the gross rents of the Project for the calendar year]. Landlord may cause any or all
of such services to be provided by third parties and the cost of such services shall be included in Common Area
costs. Common Area costs shall not include depreciation of real property which forms part of the Common Areas.
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(e) Tenant’s Share and Payment. Tenant shall pay Tenant’s annual pro rata share of ail Common Area costs
(prorated for any fractional month) upon written notice from Landlord that such costs are due and payable, and in
any event prior to delinquency. Tenant’s pro rata share shall be calculated by dividing the square foot area of the)
Property, as set forth in Section 1.04 of the Lease, by the aggregate square foot area of the Project which is leased or
held for lease by tenants, as of the date on which the computation is made. Tenant’s initial pro rata share is set out in
Paragraph 1.13(b). Any changes in the Common Area costs and/or the aggregate area of the Project leased or held for
lease during the Lease Term shall be effective on the first day of the month after such change occurs. Landlord may,
at Landlord’s election, estimate in advance and charge to Tenant as Common Area costs, all real property taxes for
which Tenant is liable under Section 4.02 of the Lease, all insurance premiums for which Tenant is liable under
Section 4.04 of the Lease, all maintenance and repair costs for which Tenant is liable under Section 6.04 of the Lease,
and all other Common Area costs payable by Tenant hereunder. At Landlord’s election, such statements of estimated
Common Area costs shall be delivered monthly, quarterly or at any other periodic intervals to be designated by
Landlord. Landlord may adjust such estimates at any time based upon Landlord’s experience and reasonable
tanticipation of costs. Such adjustments shall be effective as of the next rent payment date after notice to Tenant. Within sixty (60) days after the end of each calendar year of the Lease Term, Landlord shall deliver to Tenant a
statement prepared in accordance with generally accepted accounting principles setting forth, in reasonable detail,
the Common Area costs paid or incurred by Landlord during the preceding calendar year and Tenant’s pro rata share.
Upon receipt of such statement, there shall be an adjustment between Landlord and Tenant, with payment to or
credit given by Landlord (as the case may be) so that Landlord shall receive the entire amount of Tenant’s share of
such costs and expenses for such period.
Section 4.06. Late Charges. Tenant’s failure to pay rent promptly may cause Landlord to incur unanticipated i costs. The exact amount of such costs are impractical or extremely difficult to ascertain. Such costs may include, but
are not limited to, processing and accounting charges and late charges which may be imposed on Landlord by any
ground lease, mortgage or trust deed encumbering the Property. Therefore, if Landlord does not receive any rent
payment within ten (10) days after it becomes due, Tenant shall pay Landlord a late charge equal to ten percent
(10%) of the overdue amount. The parties agree that such late charge represents a fair and reasonable estimate of the
costs Landlord will incur by reason of such late payment. There will & a $50. QO charge assess&i for
Section 4.07. Interest on Past Due Obligations. Any amount owe Non Sufficis ;F”d”. y enant to Landlord which is not paid
when due shall bear interest at the rate of fifteen percent (15%) per annum from the due date of such amount. However, interest shall not be payable on late charges to be paid by Tenant under this Lease. The payment of interest
on such amounts shall not excuse or cure any default by Tenant under this Lease. If the interest rate specified in this
Lease is higher than the rate permitted by law, the interest rate is hereby decreased to the maximum legal interest
rate permitted by law. tit
Section 4.08. Impounds for Insurance Premiums and Real Property Taxes. If requested by any ground
lessor or lender to whom Landlord has granted a security interest in the Property, or if Tenant is more than ten (10)
days late in the payment of rent more than once in any consecutive twelve (12) -month period, Tenant shall pay
Landlord a sum equal to one-twelfth (‘112) of the annual real property taxes and insurance premiums payable by
Tenant under this Lease, together with each payment of Base Rent. Landlord shall hold such payments in a
non-interest bearing impound account. If unknown, Landlord shall reasonably estimate the amount of real property
taxes and insurance premiums when due. Tenant shall, pay any deficiency of funds in the impound account to
Landlord upon written request. If Tenant defaults under this Lease, Landlord may apply any funds in the impound
account to any obligation:then due under this Lease.
ARTICLE FIVE: USE OF PROPERTY
Section 5.01. Permitted Uses. Tenant may use the Property only for the Permitted Uses set forth in Section
1.06 above.
Section 5.02. Manner of Use. Tenant shall not cause or permit the Property to be used in any way which
constitutes a violation of any law, ordinance, or governmental regulation or order, which annoys or interferes with
the rights of tenants of the Project, or which constitutes a nuisance or waste. Tenant shall obtain and pay for all
permits, including a Certificate of Occupancy, required for Tenant’s occupancy of the Property and shall promptly
take all actions necessary to comply with all applicable statutes, ordinances, rules, regulations, orders and
requirements regulating the use by Tenant of the Property, including the Occupational Safety and Health Act.
Section 5.03. Hazardous Materials. As used in this Lease, the term “Hazardous Material” means any
flammable items, explosives, radioactive materials, hazardous or toxic substances, material or waste or related
materials, including any substances defined as or included in the definition of “hazardous substances”, “hazardous
wastes”, “hazardous materials” or “toxic substances” now or subsequently regulated under any applicable federal,
state or local laws or regulations, including without limitation petroleum-based products, paints, solvents, lead,
cyanide, DDT, printing inks, acids, pesticides, ammonia compounds and other chemical products, asbestos, PCBs
and similar compounds, and including any different products and materials which are subsequently found to have
adverse effects on the environment or the health and safety of persons. Tenant shall not cause or permit any
Hazardous Material to be generated, produced, brought upon, used, stored, treated or disposed of in or about the Property by Tenant, its agents, employees, contractors, sublessees or invitees without the prior written consent of
Landlord. Landlord shall be entitled to take into account such other factors or facts as Landlord may reasonably determine to be relevant in determining whether to grant or withhold consent to Tenant’s
respect to Hazardous Material. In no event, however, shall Landlord be required to conse
of any storage tanks on the Property.
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Section 6.04. Tenant’s Obligations.
(a) Except as provided in Article Seven (Damage or Destruction) and Article Eight (Condemnation), Tenant j
shall keep all portions of the Property (including structural, nonstructural, interior, systems and equipment) in good order, condition and repair (including interior repainting and refinishing, as needed). If any portion of the Property ” or any system or equipment in the Property which Tenant is obligated to repair cannot be fully repaired or restored,
Tenant shall promptly replace such portion of the Property or system or equipment in the Property, regardless of
whether the benefit of such replacement extends beyond the Lease Term; but if the benefit or useful life of such replacement extends beyond the Lease Term (as such term may be extended by exercise of any options), the useful
life of such replacement shall be prorated over the remaining portion of the Lease Term (as extended), and Tenant
shall be liable only for that portion of the cost which is applicable to the Lease Term (as extended). m
.* . . . . 8. Landlord shall m p undertake the responsibility for preventive maintenance of the heating and air
conditioning system at Tenant’s expense. In addition, Tenant shall, at Tenant’s expense, repair any damage to the
roof, foundation or structural portions of walls caused by Tenant’s acts or omissions. It is the intention of Landlord
and Tenant that, at all times during the Lease Term, Tenant shall maintain the Property in an attractive, first-class
and fully operative condition.
(b) Tenant shall fulfil1 all of Tenant’s obligations under this Section 6.04 at Tenant’s sole expense. If Tenant
fails to maintain, repair or replace the Property as required by this Section 6.04, Landlord may, upon ten (10) days’
prior notice to Tenant (except that no notice shall be required in the case of an emergency), enter the Property and
perform such maintenance or repair (including replacement, as needed) on behalf of Tenant. In such case, Tenant
shall reimburse Landlord for all costs incurred in performing such maintenance or repair immediately upon demand.
Section 6.05. Alterations, Additions, and Improvements.
(a) Tenant shall not make any alterations, additions, or improvements to the Property without Landlord’s prior
written consent, except for non-structural alterations which do not exceed Ten Thousand Dollars ($10,000) in cost
cumulatively over the Lease Term and which are not visible from the outside of any building of which the.Property is
part. Landlord may require Tenant to provide demolition and/or lien and completion bonds in form and amount
satisfactory to Landlord. Tenant shall promptly remove any alterations, additions, or improvements constructed in
violation of this Paragraph 6.05(a) upon Landlord’s written request. All alterations, additions, and improvements shall be done in a good and workmanlike manner, in conformity with all applicable laws and regulations, and by a
contractor approved by Landlord. Upon completion of any such work, Tenant shall provide Landlord with “as built”
plans, copies of all construction contracts, and proof of payment for all labor and materials.
(b) Tenant shall pay when due all claims for labor and material furnished to the Property. Tenant shall give
Landlord at least twenty (20) days’ prior written notice of the commencement of any work on the Property, regardless
of whether Landlord’s consent to such work is required. Landlord may elect to record and post notices of
non-responsibility on the Property.
Section 6.06. Condition upon Termination. Upon the termination of the Lease, Tenant shall surrender the
Property to Landlord, broom clean and in the same condition as received except for ordinary wear and tear which
Tenant was not otherwise obligated to remedy under any provision of this Lease. However, Tenant shall not be
obligated to repair any damage which Landlord is required to repair under Article Seven (Damage or Destruction). In
addition, Landlord may require Tenant to remove any alterations, additions or improvements (whether or not made
with Landlord’s consent) prior to the expiration of the Lease and to restore the Property to its prior condition, all at
Tenant’s expense. All alterations, additions and improvements which Landlord has not required Tenant to remove
shall become Landlord’s property and shall be surrendered to Landlord upon the expiration or earlier termination of
the Lease, except that Tenant may remove any of Tenant’s machinery or equipment which can be removed without
material damage to the Property. Tenant shall repair, at Tenant’s expense, any damage to the Property caused by the
removal of any such machinery or equipment. In no event, however, shall Tenant remove any of the following
materials or equipment (which shall be deemed Landlord’s property) without Landlord’s prior written consent: any
power wiring or power panels; lighting or lighting fixtures; wall coverings; drapes, blinds or other window
coverings; carpets or other floor coverings; heaters, air conditioners or any other heating or air conditioning
equipment; fencing or security gates; or other similar building operating equipment and decorations.
ARTICLE SEVEN: DAMAGE OR DESTRUCTION
Section 7.01. Partial Damage to Property.
(a) ,Tenant shall notify Landlord in writing immediately upon the occurrence of any damage to the Property. If
the Property is only partially damaged (i.e., less than fifty percent (50%) of the Property is untenantable as a result of
such damage or less than fifty percent (50%) of Tenant’s operations are materially impaired) and if the proceeds received by Landlord from the insurance policies described in Paragraph 4.04(b) are sufficient to pay for the
necessary repairs, this Lease shall remain in effect and Landlord shall repair the damage as soon as reasonably
possible. Landlord may elect (but is not required) to repair any damage to Tenant’s fixtures, equipment, or
improvements.
@ 2988 Southern California Chapter of the Society of Industrial and Office Realtors,@ Inc.
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Section 5.04. Signs and Auctions. Tenant shall not place any signs on t.rra Property without Landlord’s prior
written consent. Tenant shall not conduct or permit any auctions or sheriff’s sales at the Property.
Section 5.05. Indemnity. Tenant shall indemnify Landlord against and hold Landlord harmless from any and 1
all costs, claims or,liability arising from: (a) Tenant’s use of the Property; (b) the conduct of Tenant’s business or
anything else done or permitted by Tenant to be done in or about the Property, including any contamination of the
Property or any other property resulting from the presence or use of Hazardous Material caused or permitted by
Tenant; (c) any breach or default in the performance of Tenant’s obligations under this Lease; (d) any misrepresenta-
tion or breach of warranty by Tenant under this Lease; or (e) other acts or omissions of Tenant. Tenant shall defend
Landlord against any such cost, claim or liability at Tenant’s expense with counsel reasonably acceptable to Landlord
or, at Landlord’s election, Tenant shall reimburse Landlord for any legal fees or costs incurred by Landlord in
connection with any such claim. As a material part of the consideration to Landlord, Tenant assumes all risk of
damage to property or injury to persons in or about the Property arising from any cause, and Tenant hereby waives
all claims in respect thereof against Landlord, except for any claim arising out of Landlord’s gross negligence or
willful misconduct. As used in this Section, the term “Tenant” shall include Tenant’s employees, agents, contractors
and invitees, if applicable.
Section 5.06. Landlord’s Access. Landlord or its agents may enter the Property at all reasonable times to
show the Property to potential buyers, investors or tenants or other parties; to do any other act or to inspect and conduct tests in order to monitor Tenant’s compliance with all applicable environmental laws and all laws governing
the presence and use of Hazardous Material; or for any other purpose Landlord deems necessary. Landlord shall give
Tenant prior notice of such entry, except in the case of an emergency. Landlord may place customary “For Sale“ or
“For Lease” signs on the Property.
Section 5.07. Quiet Possession. If Tenant pays the rent and complies with all other terms of this Lease,
Tenant may occupy and enjoy the Property for the full Lease Term, subject to the provisions of this Lease.
ARTICLE SIX: CONDITION OF PROPERTY; MAINTENANCE, REPAIRS AND ALTERATIONS dl
Section 6.01. Existing Conditions. Tenant accepts the Property in its condition as of the execution of the
Lease, subject to all recorded matters, laws, ordinances, and governmental regulations and orders. Except as provided herein, Tenant acknowledges that neither Landlord nor any agent of Landlord has made any representation as to the
condition of the Property or the suitability of the Property for Tenant’s intended use. Tenant represents and warrants
that Tenant has made its own inspection of and inquiry regarding the condition of the Property and is not relying on
any representations of Landlord or any Broker with respect thereto. If Landlord or Landlord’s Broker has provided a
Property Information Sheet or other Disclosure Statement regarding the Property, a copy is attached as an exhibit to
the Lease.
Section 6.02. Exemption of Landlord from Liability. Landlord shall not be liable for any damage or injury
to the person, business (or any loss of income therefrom), goods, wares, merchandise or other property of Tenant,
Tenant’s employees, invitees, customers or any other person in or about the Property, whether such damage or injury
is caused by or results from: (a) fire, steam, electricity, water, gas or rain; (b) the breakage, leakage, obstruction or
other defects of pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures or any other
cause; (c) conditions arising in or about the Property or upon other portions of the Project, or from other sources or
places; or (d) any act or omission of any other tenant of the Project. Landlord shall not be liable for any such damage
or injury even though the cause of or the means of repairing such damage or injury are not accessible to Tenant. The
provisions of this Section 6.02 shall not, however, exempt Landlord from liability for Landlord’s gross negligence or
willful misconduct.
Section 6.03. Landlord’s Obligations. Subject to the provisions of Article Seven (Damage or Destruction)
and Article Eight (Condemnation), and except for damage caused by any act or omission of Tenant, or Tenant’s
employees, agents, contractors or invitees, Landlord shall keep the foundation, roof and structural portions of
exterior walls of the improvements on the Property in good order, condition and repair. However, Landlord shall not
be obligated to maintain or repair windows, doors, plate glass or the surfaces of walls. Landlord shall not be
obligated to make any repairs under this Section 6.03 until a reasonable time after receipt of a written notice from
Tenant, of the need for such repairs, Tenant waives the benefit of any present or future law which might give Tenant
the right to repair the Property at Landlord’s expense or to terminate the Lease because of the condition of the
Property.
' @ 1988 Southern California Chapter 7 of the Society of Industrial and Office Realtors,@ Inc. (Multi-Tenant Gross Form)
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Section 6.04. Tenant’s Obligations.
(al Except as provided in Article Seven (Damage or Destruction) and Article Eight (Condemnation), Tenant?
shall keep all portions of the Property (including structural, nonstructural, interior, systems and equipment) in good order, condition and repair (including interior repainting and refinishing, as needed). If any portion of the Property
or any system or equipment in the Property which Tenant is obligated to repair cannot be fully repaired or restored,
Tenant shall promptly replace such portion of the Property or system or equipment in the Property, regardless of
whether the benefit of such replacement extends beyond the Lease Term; but if the benefit or useful life of such
replacement extends beyond the Lease Term (as such term may be extended by exercise of any options), the useful
life of such replacement shall be prorated over the remaining portion of the Lease Term (as extended), and Tenant
shall be liable only for that portion of the cost which is applicable to the Lease Term (as extended). m ’
conditioning system at Tenant’s expense. In addition, Tenant shall, at Tenant’s expense, repair any damage to the
roof, foundation or structural portions of walls caused by Tenant’s acts or omissions. It is the intention of Landlord
and Tenant that, at all times during the Lease Term, Tenant shall maintain the Property in an attractive, first-class
and fully operative condition.
(b) Tenant shall fulfil1 all of Tenant’s obligations under this Section 6.04 at Tenant’s sole expense. If Tenant
fails to maintain, repair or replace the Property as required by this Section 6.04, Landlord may, upon ten (10) days’
prior notice to Tenant (except that no notice shall be required in the case of an emergency), enter the Property and
perform such maintenance or repair (including replacement, as needed) on behalf of Tenant. In such case, Tenant
shall reimburse Landlord for all costs incurred in performing such maintenance or repair immediately upon demand. (,I
Section 6.05. Alterations, Additions, and Improvements.
(a) Tenant shall not make any alterations, additions, or improvements to the Property without Landlord’s prior
written consent, except for non-structural alterations which do not exceed Ten Thousand Dollars ($lo,ooO) in cost
cumulatively over the Lease Term and which are not visible from the outside of any building of which the Property is
part. Landlord may require Tenant to provide demolition and/or lien and completion bonds in form and amount
satisfactory to Landlord. Tenant shall promptly remove any alterations, additions, or improvements constructed in
violation of this Paragraph 6.05(a) upon Landlord’s written request. All alterations, additions, and improvements
shall be done in a good and workmanlike manner, in conformity with all applicable laws and regulations, and by a
contractor approved by Landlord. Upon completion of any such work, Tenant shall provide Landlord with “as built”
plans, copies of all construction contracts, and proof of payment for all labor and materials.
(b) Tenant shall pay when due all claims for labor and material furnished to the Property. Tenant shall give
Landlord at least twenty (20) days’ prior written notice of the commencement of any work on the Property, regardless
of whether Landlord’s consent to such work is required. Landlord may elect to record and post notices of
non-responsibility on the Property.
Section 6.06. Condition upon Termination. Upon the termination of the Lease, Tenant shall surrender the
Property to Landlord, broom clean and in the same condition as received except for ordinary wear and tear which
Tenant was not otherwise obligated to remedy under any provision of this Lease. However, Tenant shall not be
obligated to repair any damage which Landlord is required to repair under Article Seven (Damage or Destruction). In
addition, Landlord may require Tenant to remove any alterations, additions or improvements (whether or not made
with Landlord’s consent) prior to the expiration of the Lease and to restore the Property to its prior condition, all at
Tenant’s expense, All alterations, additions and improvements which Landlord has not required Tenant to remove
shall become Landlord’s property and shall be surrendered to Landlord upon the expiration or earlier termination of
the Lease, except that Tenant may remove any of Tenant’s machinery or equipment which can be removed without
material damage to the Property. Tenant shall repair, at Tenant’s expense, any damage to the Property caused by the
removal of any such machinery or equipment. In no event, however, shall Tenant remove any of the following
materials or equipment (which shall be deemed Landlord’s property) without Landlord’s prior written consent: any
power wiring or power panels; lighting or lighting fixtures; wall coverings; drapes, blinds or other window
coverings; carpets or other floor coverings; heaters, air conditioners or any other heating or air conditioning
equipment; fencing or security gates; or other similar building operating equipment and decorations.
ARTICLE SEVEN: DAMAGE OR DESTRUCTION
Section 7.01. Partial Damage to Property.
(a) Tenant shall notify Landlord in writing immediately upon the occurrence of any damage to the Property. If
the Property is only partially damaged (i.e., less than fifty percent (50%) of the Property is untenantable as a result of
such damage or less than fifty percent (50%) of Tenant’s operations are materially impaired) and if the proceeds received by Landlord from the insurance policies described in Paragraph 4.04(b) are sufficient to pay for the
necessary repairs, this Lease shall remain in effect and Landlord shall repair the damage as soon as reasonably
possible. Landlord may elect (but is not required) to repair any damage to Tenant’s fixtures, equipment, or
improvements.
@ 1988 Southern California Chapter of the Society of Industrial and Office Realtors,@ Inc.
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(b) If the insurance proceeds received by Landlord are not sufficient to pay the entire cost of repair, or if the
cause of the damage is not covered by the insurance policies which Landlord maintains under Paragraph 4,04(b), Landlord may elect either to (i) repair the damage as soon as reasonably possible, in which case this Lease shall
remain in full force and effect, or (ii) terminate this Lease as of the date the damage occurred. Landlord shall notify 1
Tenant within thirty (30) days after receipt of notice of the occurrence of the damage whether Landlord elects to
repair the damage or terminate the Lease. If Landlord elects to repair the damage, Tenant shall pay Landlord the
“deductible amount” (if any) under Landlord’s insurance policies and, if the damage was due to an act or omission of ;
Tenant, or Tenant’s employees, agents, contractors or invitees, the difference between the actual cost of repair and
any insurance proceeds received by Landlord. If Landlord elects to terminate this Lease, Tenant may elect to
continue this Lease in full force and effect, in which case Tenant shall repair any damage to the Property and any
building in which the Property is located. Tenant shall pay the cost of such repairs, except that upon satisfactory
completion of such repairs, Landlord shall deliver to Tenant any insurance proceeds received by Landlord for the
damage repaired by Tenant. Tenant shall give Landlord written notice of such election within ten (IO) days after
receiving Landlord’s termination notice.
(c) If the damage to the Property occurs during the last six (6) months of the Lease Term and such damage will
require more than thirty (30) days to repair, either Landlord or Tenant may elect to terminate this Lease as of the date
the damage occurred, regardless of the sufficiency of any insurance proceeds. The party electing to terminate this Lease shall give written notification to the other party of such election within thirty (30) days after Tenant’s notice to
Landlord of the occurrence of the damage. w
Section 7.02. Substantial or Total Destruction. If the Property is substantially or totally destroyed by any
cause whatsoever (i.e., the damage to the Property is greater than partial damage as described in Section 7.01), and
regardless of whether Landlord receives any insurance proceeds, this Lease shall terminate as of the date the
destruction occurred. Notwithstanding the preceding sentence, if the Property can be rebuilt within six (6) months
after the date of destruction, Landlord may elect to rebuild the Property at Landlord’s own expense, in which case
this Lease shall remain in full force and effect. Landlord shall notify Tenant of such election within thirty (30) days
after Tenant’s notice of the occurrence of total or substantial destruction. If Landlord so elects, Landlord shall rebuild
the Property at Landlord’s sole expense, except that if the destruction was caused by an act or omission of Tenant,
Tenant shall pay Landlord the difference between the actual cost of rebuilding and any insurance proceeds received
by Landlord.
Section 7.03. Temporary Reduction of Rent. If the Property is destroyed or damaged and Landlord or
Tenant repairs or restores the Property pursuant to the provisions of this Article Seven, any rent payable during the
period of such damage, repair and/or restoration shall be reduced according to the degree, if any, to which Tenant’s
use of the Property is impaired. However, the reduction shall not exceed the sum of one year’s payment of Base Rent,
insurance premiums and real property taxes. Except for such possible reduction in Base Rent, insurance premiums
and real property taxes, Tenant shall not be entitled to any compensation, reduction, or reimbursement from
Landlord as a result of any damage, destruction, repair, or restoration of or to the Property.
Section 7.04. Waiver. Tenant waives the protection of any statute, code or judicial decision which grants a
tenant the right to terminate a lease in the event of the substantial or total destruction of the leased property. Tenant
agrees that the provisions of Section 7.02 above shall govern the rights and obligations of Landlord and Tenant in the
event of any substantial or total destruction to the Property.
ARTICLE EIGHT: CONDEMNATION
If all or any portion of the Property is taken under the power of eminent domain or sold under the threat of that
power (all of which are called “Condemnation”), this Lease shall terminate as to the part taken or sold on the date the
condemning authority takes title or possession, whichever occurs first. If more than twenty percent (20%) of the floor
area of the building in which the Property is located, or which is located on the Property, is taken, either Landlord or Tenant may terminate this Lease as of the date the condemning authority takes title or possession, by delivering
written notice to the other within ten (10) days after receipt of written notice of such taking (or in the absence of such
notice, within ten (10) days after the condemning authority takes title or possession). If neither Landlord nor Tenant
terminates this Lease, this Lease shall remain in effect as to the portion of the Property not taken, except that the Base
Rent and Additional Rent shall be reduced in proportion to the reduction in the floor area of the Property. Any
Condemnation award or payment shall be distributed in the following order: (a) first, to any ground lessor, mortgagee
or beneficiary under a deed of trust encumbering the Property, the amount of its interest in the Property; (b) second,
to Tenant, only the amount of any award specifically designated for loss of or damage to Tenant’s trade fixtures or
removable personal property; and (c) third, to Landlord, the remainder of such award, whether as compensation for
reduction in the value of the leasehold, the taking of the fee, or otherwise. If this Lease is not terminated, Landlord shall repair any damage to the Property caused by the Condemnation, except that Landlord shall not be obligated to
repair any damage for which Tenant has been reimbursed by the condemning authority. If the severance damages
received by Landlord are not sufficient to pay for such repair, Landlord shall have the right to either terminate this
Lease or make such repair at Landlord‘s expense.
@ 1988 Southern California Chapter sron’l of the Society of Industrial and Office Realtors,* Inc. 7 ,,” 9
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ARTICLE NIN-E: A$SIGNMENT AND SUBLJITTlNG
Section 9.01. Landlord’s Consent Required. No portion of the Property or of Tenant’s interest in this Lease may be acquired by any other person or entity, whether by sale, assignment, mortgage, sublease, transfer, operation of law, or act of Tenant, without Landlord’s prior written consent, except as provided in Section 9.02 below.
Landlord has the right to grant or withhold its consent as provided in Section 9.05 below. Any attempted transfer
without consent shall be void and shall constitute a non-curable breach of this Lease, If Tenant is a pa&lership, my
cumulative transfer of more than twenty percent (20%) of the partnership interests shall require Landlord’s consent.
If Tenant is a corporation, any change in the ownership of a controlling interest of the voting stock of the corporation
shall require Landlord’s consent.
Section 9.02. Tenant Affiliate. Tenant may assign this Lease or sublease the Property, without Landlord’s
consent, to any corporation which controls, is controlled by or is under common control with Tenant, or to any
corporation resulting from the merger of or consolidation with Tenant (“Tenant’s Affiliate”). In such case, any “,
Tenant’s Affiliate shall assume in writing all of Tenant’s obligations under this Lease.
Section 9.03. NO Release of Tenant. No transfer permitted by this Article Nine, whether with or without
Landlord’s consent, shall release Tenant or change Tenant’s primary liability to pay the rent and to perform all other
obligations of Tenant under this Lease. Landlord’s acceptance of rent from any other person is not a waiver of any
provision of this Article Nine. Consent to one transfer is not a consent to ‘any subsequent transfer. If Tenant’s
transferee defaults under this Lease, Landlord may proceed directly against Tenant without pursuing remedies
against the transferee. Landlord may consent to subsequent assignments or modifications of this Lease by Tenant’s
transferee, without notifying Tenant or obtaining its consent. Such action shall not relieve Tenant’s liability under
this Lease.
Section 9.04. Offer to Terminate. If Tenant desires to assign the Lease or sublease the Property, Tenant
shall have the right to offer, in writing, to terminate the Lease as of a date specified in the offer. If Landlord elects in
writing to accept the offer to terminate within twenty (20) days after notice of the offer, the Lease shall terminate as of the date specified and all the terms and provisions of the Lease governing termination shall apply. If Landlord does
not so elect, the Lease shall continue in effect until otherwise terminated and the provisions of Section 9.05 with
respect to any proposed transfer shall continue to apply.
Section 9.05. Landlord’s Consent.
(a) Tenant’s request for consent to any transfer described in Section 9.01 shall set forth in writing the details of
the proposed transfer, including the name, business and financial condition of the prospective transferee, financial
details of the proposed transfer (e.g., the term of and the rent and security deposit payable under any proposed assignment or sublease), and any other information Landlord deems relevant. Landlord shall have the right to
withhold consent, if reasonable, or to grant consent, based on the following factors: (i) the business of the proposed
assignee or subtenant and the proposed use of the Property; (ii) the net worth and financial reputation of the
proposed assignee or subtenant; (iii) Tenant’s compliance with all of its obligations under the Lease; and (iv) such
other factors as Landlord may reasonably deem relevant. If Landlord objects to a proposed assignment solely because
of the net worth and/or financial reputation of the proposed assignee, Tenant may nonetheless sublease (but not
assign), all or a portion of the Property to the proposed transferee, but only on the other terms of the proposed
transfer.
(b) If Tenant assigns or subleases, the following shall apply:
(i) Tenant shall pay to Landlord as Additional Rent under the Lease the Landlord’s Share (stated in Section
1.14) of the Profit (defined below) on such transaction as and when received by Tenant, unless Landlord gives
written notice to Tenant and the assignee or subtenant that Landlord’s Share shall be paid by the assignee or
subtenant to Landlord directly. The “Profit” means (A) all amounts paid to Tenant for such assignment or
sublease, including “key” money, monthly rent in excess of the monthly rent payable under the Lease, and all
fees and other consideration paid for the assignment or sublease, including fees under any collateral agreements,
less (B) costs and expenses directly incurred by Tenant in connection with the execution and performance of
such assignment or sublease for real estate broker’s commissions and costs of renovation or construction of tenant improvements required under such assignment or sublease. Tenant is entitled to recover such costs and
expenses before Tenant is obligated to pay the Landlord’s Share to Landlord. The Profit in the case of a sublease
of less than all the Property is the rent allocable to the subleased space as a percentage on a square footage basis.
(ii) Tenant shall provide Landlord a written statement certifying all amounts to be paid from any assignment or sublease of the Property within thirty (SO) days after the transaction documentation is signed, and
Landlord may inspect Tenant’s books and records to verify the accuracy of such statement. On written request, Tenant shall promptly furnish to Landlord copies of all the transaction documentation, all of which shall be ’
. certified by Tenant to be complete, true and correct. Landlord’s receipt of Landlord’s Share shall not be a consent
to any further assignment or subletting. The breach of Tenant’s obligation under this Paragraph 9.05(b) shall be a
material default of the Lease.
Section 9.06. No Merger. NO merger shall result from Tenant’s sublease of the Property under this Article
Nine, Tenant’s surrender of this Lease or the termination of this Lease in any other manner. In any such event,
Landlord may terminate any or all subtenancies or succeed to the interest of Tenant as subla
subtenancies.
@ 1988 Southern California Chapter of the Society of Industrial and Office Realtors,@ Inc.
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kUICLE TEN: DEFAULTS; REMEDIES
Section 10.01. Covenants and Conditions. Tenant’s performance of each of Tenant’s obligations under this /
Lease is a condition as well as a covenant. Tenant’s right to continue in possession of the Prop&y is conditioned
upon such performance. Time is of the essence in the performance of all covenants and conditions.
Section 10.02. Defaults. Tenant shall be in material default under this Lease:
(a) If Tenant abandons the Property or if Tenant’s vacation of the Property results in the cancellation of any insurance described in Section 4.04; !JI
(b) If Tenant fails to pay rent or any other charge when due;
(c) If Tenant fails to perform any of Tenant’s non-monetary obligations under this Lease for a period of thirty
(30) days after written notice from Landlord; provided that if more than thirty (30) days are required to complete such
performance, Tenant shall not be in default if Tenant commences such performance within the thirty (30) -day period
and thereafter diligently pursues its completion. However, Landlord shall not be required to give such notice if
Tenant’s failure to perform constitutes a non-curable breach of this Lease. The notice required by this Paragraph is
intended to satisfy any and all notice requirements imposed by law on Landlord and is not in addition to any such
requirement.
(d) (i) If Tenant makes a general assignment or general arrangement for the benefit of creditors; (ii) if a petition
for adjudication of bankruptcy or for reorganization or rearrangement is filed by or against Tenant and is not’
dismissed within thirty (30) days; (iii) if a trustee or receiver is appointed to take possession of substantially all of
Tenant’s assets located at the Property or of Tenant’s interest in this Lease and possession is not restored to Tenant within thirty (30) days; or (iv) if substantially all of Tenant’s assets located at the Property or of Tenant’s interest in
this Lease is subjected to attachment, execution or other judicial seizure which is not discharged within thirty (30)
days. If a court of competent jurisdiction determines that any of the acts described in this subparagraph (d) is not a default under this Lease, and a trustee is appointed to take possession (or if Tenant remains a debtor in possession)
and such trustee or Tenant transfers Tenant’s interest hereunder, then Landlord shall receive, as Additional Rent, the
excess, if any, of the rent (or any other consideration) paid in connection with such assignment or sublease over the
rent payable by Tenant under this Lease.
(e) If any guarantor of the Lease revokes or otherwise terminates, or purports to revoke or otherwise terminate,
any guaranty of all or any portion of Tenant’s obligations under the Lease. Unless otherwise expressly provided, no
guaranty of the Lease is revocable. .
Section 10.03. Remedies. On the occurrence of any material default by Tenant, Landlord may, at any time
thereafter, with or without notice or demand and without limiting Landlord in the exercise of any right or remedy
which Landlord may have:
(a) Terminate Tenant’s right to possession of the Property by any lawful means, in which case this Lease shall
terminate and Tenant shall immediately surrender possession of the Property 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 (i)
the worth at the time of the award of the unpaid Base Rent, Additional Rent and other charges which Landlord had
earned at the time of the termination; (ii) the worth at the time of the award of the amount by which the unpaid Base
Rent, Additional Rent and other charges which Landlord would have earned after termination until the time of the
award exceeds the amount of such rental loss that Tenant proves Landlord could have reasonably avoided; (iii) the
worth at the time of the award of the amount by which the unpaid Base Rent, Additional Rent and other charges
which Tenant would have paid for the balance of the Lease term after the time of award exceeds the amount of such
rental loss that Tenant proves Landlord could have reasonably avoided; and (iv) any other amount necessary to
compensate Landlord for all the detriment proximately caused by Tenant’s failure to perform its obligations under
the Lease or which in the ordinary course of things would be likely to result therefrom, including, but not limited to,
any costs or expenses Landlord incurs in maintaining or preserving the Property after such default, the cost of
recovering possession of the Property, expenses of reletting, including necessary renovation or alteration of the
Property, Landlord’s reasonable attorneys’ fees incurred in connection therewith, and any real estate commission
paid or payable. As used in subparts (i) and (ii) above, the “worth at the time of the award” is computed by allowing
interest on unpaid amounts at the rate of fifteen percent (15%) per annum, or such lesser amount as may then be the
maximum lawful rate. As used in subpart (iii) above, the “worth at the time of the award” is computed by
discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award,
plus one percent (1%). If Tenant has abandoned the Property, Landlord shall have the option of (i) retaking
possession of the Property and recovering from Tenant the amount specified in this Paragraph 10.03(a), or (ii)
proceeding under Paragraph 10.03(b); .’
(b) Maintain Tenant’s right to possession, in which case this Lease shall continue in effect whether or not
Tenant has abandoned the Property. 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 as it becomes due;
(c) Pursue any other remedy now or hereafter available to Landlord under the laws or judicial decisions of the
state in which the Property is located.
@ 1988 Southern California Chapter of the Society of Industrial and Office Realtors,@ Inc.
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(Multi-Tenant Gross Form)
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Section 10.04. Repayment of “Free” Rent. If this Lease provides for a postponement of any monthly rental
payments, a period of “free” rent or other rent concession, such postponed rent or “free” rent is called the “Abated
Rent”. Tenant shall be credited with having paid all of the Abated Rent on the expiration of the Lease Term only if/
Tenant has fully, faithfully, and punctually performed all of Tenant’s obligations hereunder, including the payment
of all rent [other than the Abated Rent) and all other monetary obligations and the surrender of the Property in the
physical condition required by this Lease. Tenant acknowledges that its right to receive credit for the Abated Rent is Ir’
ibsolutely conditioned upon Tenant’s full, faithful and punctual performance of its obligations under this Lease. If
Tenant defaults and does not cure within any applicable grace period, the Abated Rent shall immediately become
due and payable in full and this Lease shall be enforced as if there were no such rent abatement or other rent concession. In such case Abated Rent shall be calculated based on the full initial rent payable under this Lease..
Section 10.05. Automatic Termination. Notwithstanding any other term or provision hereof to the contrary,
the Lease shall terminate on the occurrence of any act which affirms the Landlord’s intention to terminate the Lease
as provided in Section 10.03 hereof, including the filing of an unlawful detainer action against Tenant. On such
termination, Landlord’s damages for default shall include all costs and fees, including reasonable attorneys’ fees that
Landlord incurs in connection with the filing, commencement, pursuing and/or defending of any action in any
bankruptcy court or other court with respect to the Lease; the obtaining of relief from any stay in bankruptcy
restraining any action to evict Tenant; or the pursuing of any action with respect to Landlord’s right to possession of
the Property. All such damages suffered (apart from Base Rent and other rent payable hereunder) shall constitute
pecuniary damages which must be reimbursed to Landlord prior to assumption of the Lease by Tenant or any
successor to Tenant in any bankruptcy or other proceeding.
Section 10.06. Cumulative Remedies. Landlord’s exercise of any right or remedy shall not prevent it from
exercising any other right or remedy.
ARTICLE ELEVEN: PROTECTION OF LENDERS
Section 11.01. Subordination. Landlord shall have the right to subordinate this Lease to any ground lease,
deed of trust or mortgage encumbering the Property, any advances made on the security thereof and any renewals,
modifications, consolidations, replacements or extensions thereof, whenever made or recorded. Tenant shall
cooperate with Landlord and any lender which is acquiring a security interest in the Property or the Lease. Tenant
shall execute such further documents and assurances as such lender may require, provided that Tenant’s obligations
under this Lease shall not be increased in any material way (the performance of ministerial acts shall not be deemed material), and Tenant shall not be deprived of its rights under this Lease. Tenant’s right to quiet possession of the
Property during the Lease Term shall not be disturbed if Tenant pays the rent and performs all of Tenant’s
obligations under this Lease and is not otherwise in default. If any ground lessor, beneficiary or mortgagee elects to have this Lease prior to the lien of its ground lease, deed of trust or mortgage and gives written notice thereof to
Tenant, this Lease shall be deemed prior to such ground lease, deed of trust or mortgage whether this Lease is dated
prior or subsequent to the date of said ground lease, deed of trust or mortgage or the date of recording thereof.
Section 11.02. Attormnent. If Landlord’s interest in the Property is acquired by any ground lessor, ben-
eficiary under a deed of trust, mortgagee, or purchaser at a foreclosure sale, Tenant shall attorn to the transferee of or
successor to Landlord’s interest in the Property and recognize such transferee or successor as Landlord under this
Lease. Tenant waives the protection of any statute or rule of law which gives or purports to give Tenant any right to
terminate this Lease or surrender possession of the Property upon the transfer of Landlord’s interest.
Section 11.03. Signing of Documents. Tenant shall sign and deliver any instrument or documents necessary
or appropriate to evidence any such attornment or subordination or agreement to do so. If Tenant fails to do so within ten (10) days after written request, Tenant hereby makes, constitutes and irrevocably appoints Landlord, or
any transferee or successor of Landlord, the attorney-in-fact of Tenant to execute and deliver any such instrument or
document.
Section 11.04. Estoppel Certificates.
(a) Upon Landlord’s written request, Tenant shall execute, acknowledge and deliver to Landlord a written ’
statement certifying: (i) that none of the terms or provisions of this Lease have been changed (or if they have been
changed, stating how they have been changed); (ii) that this Lease has not been cancelled or terminated; (iii) the last
date of payment of the Base Rent and other charges and the time period covered by such payment; (iv) that Landlord
is not in default under this Lease (or, if Landlord is claimed to be in default, stating why); and (v) such other
representations or information with respect to Tenant or the Lease as Landlord may reasonably request or which any
prospective purchaser or encumbrancer of the Property may require. Tenant shall deliver such statement to Landlord
within ten (10) days after Landlord’s request. Landlord may give any such statement by Tenant to any prospective
purchaser or encumbrancer of the Property. Such purchaser or encumbrancer may rely conclusively upon such
statement as true and correct.
(b) If Tenant does not deliver such statement to Landlord &thin such ten (10) -day period, Landlord, and any
prospective purchaser or encumbrancer, may conclusively presume and rely upon the following facts: (i) that the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; (ii) that this ,,,
Lease has not been cancelled or terminated except as otherwise represented by Landlord; (iii) that not more than one
month’s Base Rent or other charges have been paid in advance; and (iv) that Landlord is not in default under the
Lease. In such event, Tenant shall be estopped from denying the truth of such facts.
@ 1988 Southern California Chapter of the Society of Industrial and Office Realtors,* Inc.
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(Multi-Tenant Gross Form)
Initials
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Section 11.05. Tenant’s Fiuahd Condition. Within ten (IO) days after written request from Landlord
Tenant shall deliver to Landlord such financial statements as Landlord reasonably requires to verify the net worth o)
Tenant or any assignee, subtenant, or guarantor of Tenant. In addition, Tenant shall deliver to any lender designated v
by Landlord any financial statements required by such lender to facilitate the financing or refinancing of the
Property. Tenant represents and warrants to Landlord that each such financial statement is a true and accurate
statement as of the date of such statement. All financial statements shall be confidential and shall be used only for
the purposes set forth in this Lease.
ARTICLE TWELVE: LEGAL COSTS
Section 12.01 Legal Proceedings. If Tenant or Landlord shall be in breach or default under this Lease, such
party (the “Defaulting Party”) shall reimburse the other party (the “Nondefaulting Party”) upon demand for any costs
or expenses that the Nondefaulting Party incurs in connection with any breach or default of the Defaulting Party
under this Lease, whether or not suit is commenced or judgment entered. Such costs shall include legal fees and
costs incurred for the negotiation of a settlement, enforcement of rights or otherwise. Furthermore, if any action for
breach of or to enforce the provisions of this Lease is commenced, the court in such action shall award to the party in
whose favor a judgment is entered, a reasonable sum as attorneys’ fees and costs. The losing party in such action
shall pay such attorneys’ fees and costs. Tenant shall also indemnify Landlord against and hold Landlord harmless
from all costs, expenses, demands and liability Landlord may incur if Landlord becomes or is made a party to any
claim or action (a) instituted by Tenant against any third party, or by any third party against Tenant, or by or against
any person holding any interest under or using the Property by license, of or agreement with Tenant; (b) for
foreclosure of any lien for labor or material furnished to or for Tenant or such other person; (c) otherwise arising out
of or resulting from any act or transaction of Tenant or such other person; or (d) necessary to protect Landlord’s
interest under this Lease in a bankruptcy proceeding, or other proceeding under Title 11 of the United States Code,
as amended. Tenant shall defend Landlord against any such claim or action at Tenant’s expense with counsel
reasonably acceptable to Landlord or, at Landlord’s election, Tenant shall reimburse Landlord for any legal fees or
costs Landlord incurs in any such claim or action.
Section 12.02. Landlord’s Consent. Tenant shall pay Landlord’s reasonable attorneys’ fees incurred in
connection with Tenant’s request for Landlord’s consent under Article Nine (Assignment and Subletting), or in
connection with-any other act which Tenant proposes to do and which requires Landlord’s consent.
ARTICLE THIRTEEN: MISCELLANEOUS PROVISIONS
Section 13.01. Non-Discrimination. Tenant promises, and it is a condition to the continuance of this Lease,
that there will be no discrimination against, or segregation of, any person or group of persons on the basis of race, color, sex, creed, national origin or ancestry in the leasing, subleasing, transferring, occupancy, tenure or use of the
Property or any portion thereof.
Section 13.02. Landlord’s Liability; Certain Duties.
(a) As used in this Lease, the term “Landlord” means only the current owner or owners of the fee title to the
Property or Project or the leasehold estate under a ground lease of the Property or Project at the time in question.
Each Landlord is obligated to perform the obligations of Landlord under this Lease only during the time such
Landlord owns such interest or title. Any Landlord who transfers its title or interest is relieved of all liability with
respect to the obligations of Landlord under this Lease to be performed on or after the date of transfer. However, each
Landlord shall deliver to its transferee all funds that Tenant previously paid if such funds have not yet been applied
under the terms of this Lease.
’ (b) Tenant shall give written notice of any failure by Landlord to perform any of its obligations under this Lease
to Landlord and to any ground lessor, mortgagee or beneficiary under any deed of trust encumbering the Property
whose name and address have been furnished to Tenant in writing. Landlord shall not be in default under this Lease
unless Landlord (or such ground lessor, mortgagee or beneficiary) fails to cure such non-performance within thirty
(30) days after receipt of Tenant’s notice. However, if such non-performance reasonably requires more than thirty (30)
days to cure, Landlord shall not be in default if such cure is commenced within such thirty (30) -day period and
thereafter diligently pursued to completion.
[c) Notwithstanding any term or provision herein to the contrary, the liability of Landlord for the performance
of its duties and obligations under this Lease is limited to Landlord’s interest in the Property and the Project, and
neither the Landlord nor its partners, shareholders, officers or other principals shall have any personal liability under
this Lease. 4
Section 13.03. Severability. A determination by a court of competent jurisdiction that any provision of this Lease or any part thereof is illegal or unenforceable shall not cancel or invalidate the remainder of such provision or
this Lease, which shall remain in full force and effect.
Section 13.04. Interpretation. The captions of the Articles or Sections of this Lease are to assist the parties in
reading this Lease and are not a part of the terms or provisions of this Lease. Whenever required by the context of this
Lease, the singular shall include the plural and the plural shall include the singular. The masculine, feminine and
neuter genders shall each include the other. In any provision relating to the conduct, acts or omissions of
term “Tenant” shall include Tenant’s agents, employees, contractors, invitees, succes
Property with Tenant’s expressed or implied permission.
@ 1988 Southern California Chapter of the Society of Industrial and Office Realtors,@ Inc.
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(Multi-Tenant Gross Form)
Initials
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Section 13.05. hmporation of Prior Agreements; Modifications. This Lease is the only agreement
between the parties pertaining to the lease of the Property and no other agreements are effective. All amendments to?
this Lease shall be in writing and signed by all parties. Any other attempted amendment shall be void.
Sd.i~n 13.06. Notices. All notices required or permitted under this Lease shall be in writing and shall be
personally delivered or sent by certified mail, return receipt requested, postage prepaid. Notices to Tenant shall be delivered to the address specified in Section 1.63 above, except that upon Tenant’s taking possession of the Property,
the Property shall be Tenant’s address for notice purposes. Notices to Landlord shall be delivered to the address
specified in Section 1.02 above. All notices shall be effective upon delivery, Either party may change its notice
address upon written notice to the other party.
Section 13.07. Waivers. All waivers must be in writing and signed by the waiving party. Landlord’s failure to
enforce any provision of this Lease or its acceptance of rent shall not be a waiver and shall not prevent Landlord from enforcing that provision or any other provision of this Lease in the future. No statement on a payment check from
Tenant or in a letter accompanying a payment check shall be binding on Landlord. Landlord may, with or without
notice to Tenant, negotiate such check without being bound to the conditions of such statement.
Section 13.08. NO Recordation. Tenant shall not record this Lease without prior written consent from
Landlord. However, either Landlord or Tenant may require that a “Short Form” memorandum of this Lease executed
by both parties be recorded. The party requiring such recording shall pay all transfer taxes and recording fees.
Section 13.09. Binding Effect; Choice of Law. This Lease binds any party who legally acquires any rights or
interest in this Lease from Landlord or Tenant. However, Landlord shall have no obligation to Tenant’s successor
unless the rights or interests of Tenant’s successor are acquired in accordance with the terms of this Lease. The laws
of the state in which the Property is located shall govern this Lease.
Section 13.10. Corporate Authority; Partnership Authority. If Tenant is a corporation, each person
signing this Lease on behalf of Tenant represents and warrants that he has full authority to do so and that this Lease
binds the corporation. Within thirty (30) days after this Lease is signed, Tenant shall deliver to Landlord a certified
copy of a resolution of Tenant’s Board of Directors authorizing the execution of this Lease or other evidence of such
authority reasonably acceptable to Landlord. If Tenant is a partnership, each person or entity signing this Lease for
Tenant represents and warrants that he or it is a general partner of the partnership, that he or it has full authority to
sign for the partnership and that this Lease binds the partnership and all general partners of the partnership. Tenant
.shall give written notice to Landlord of any general partner’s withdrawal or addition. Within thirty (80) days after
this Lease is signed, Tenant shall deliver to Landlord a copy of Tenant’s recorded statement of partnership or
certificate of limited partnership.
Section 13.11. Joint and Several Liability. All parties signing this Lease as Tenant shall be jointly and
severally liable for all obligations of Tenant.
Section 13.12. Force Majeure. If Landlord cannot perform any of its obligations due to events beyond
Landlord’s control, the time provided for performing such obligations shall be extended by a period of time equal to the duration of such events. Events beyond Landlord’s control include, but are not limited to, acts of God, war, civil
commotion, labor disputes, strikes, fire, flood or other casualty, shortages of labor or material, government regulation 1 or restriction and weather conditions.
Section 13.13. Execution of Lease. This Lease may be executed in counterparts and, when all counterpart
documents are executed, the counterparts shall constitute a single binding instrument. Landlord’s delivery of this
Lease to Tenant shall not be deemed to be an offer to lease and shall not be binding upon either party until executed
and delivered by both parties.
Section 13.14. Survival. All representations and warranties of Landlord and Tenant shall survive the
termination of this Lease.
the written agreement between Landlord and Landlord’s Broker, or the sum stated i ove for services
rendered to Landlord by Landlord’s Broker in this transaction. Landlord ker a commission if
tion or right which
ease or sale entered into
Broker’s commission schedule in effect as of the execu nant’s Broker is named in Section 1.08
above, Landlord’s Broker shall pay an appropriate p s commissron to Tenant’s Broker if so provided in any
agreement between Landlord’s Broker an r. Nothing contained in this Lease shall impose any
obligation on Landlord to pay a corn any party other than Landlord’s Broker.
Section 14.02. Prote If Landlord sells the Property, or assigns Landlord’s interest in this
0 Landlord exclusively; or
0 both Landlord and Tenant.
Section 14.04. NO Other Brokers. Tenant represents a
Section 1.08 above are the only agents, brokers, finders or
be entitled to any commission or fee with res whom Tenant has dealt who are or may
ADDITIONAL PROVISIONS
BLANK SPACE BELO
SPACE BELOW.
ORTH IN A RIDER OR RIDERS ATTACHED HERETO OR IN THE
ROVISONS ARE INSERTED, PLEASE DRAW A LINE THROUGH TI-IB
Landlord and Tenant have signed this Lease at the place and on the dates specified adjacent to their signatures
below and have initialled all Riders which are attached to or incorporated by reference in this Lease.
“LANDLORD”
Signed on //I < / 453’ , 19- P- #46
at I ,
By: (Aa /J I
William H. Adair Its: -~x@&&$&Z.&&zJ.(X~ t
Its:
“TENANT”
Signed on ,19- CITY OF tIt7mJxBA.D
at .
Its: CLAUDE A. LEWIS, Mayor
Its: .
IN ANY REAL ESTATE TRANSACTION, IT IS RECOMMENDED THAT YOU CONSULT WITH A PROFES-
SIONAL, SUCH AS A CIVIL ENGINEER, INDUSTRIAL HYGIENIST OR OTHER PERSON WITH EXPERIENCE IN
EVALUATING THE CONDITION OF THE PROPERTY, INCLUDING THE POSSIBLE PRESENCE OF ASBESTOS,
HAZARDOUS MATERIALS AND UNDERGROUND STORAGE TANKS.
THIS PRINTED FORM LEASE HAS BEEN DRAFTED BY LEGAL COUNSEL AT THE DIRECTION OF THE
SOUTHERN CALIFORNIA CHAPTER OF THE SOCIETY OF INDUSTRIAL AND OFFICE REALTORS,@ INC. NO
REPRESENTATION OR RECOMMENDATION IS MADE BY THE SOUTHERN CALIFORNIA CHAPTER OF THE
SOCIETY OF INDUSTRIAL AND OFFICE REALTORS,@ INC., ITS LEGAL COUNSEL, THE REAL ESTATE BROKERS
NAMED HEREIN, OR THElR EMPLOYEES OR AGENTS, AS TO THE LEGAL SUFFICIENCY LEGAL EFFECT OR
TAX CONSEQUENCES OF THIS LEASE OR OF THIS TRANSACTION. LANDLORD
RETAIN LEGAL COUNSEL TO ADVISE THEM ON SUCH MATTERS AND SHOULD
, SUCH LEGAL COUNSEL.
@ 1988 Southern California Chapter of the Society of Industrial and Office Realtors,@ Inc.
15
(Multi-Tenant Grass Form)
SECTION 15: This Rental Schedule is attached to and made part of that certain real estate Lease (the "Lease") dated: FEBRUARY 17,- 1998 By and between PALOMAR #46 as Landlord, and CITY OF CARLSBAD as Tenant, covering property commonly known as 2075 CORTE DEL NOGAL, SUITE Q, CARLSBAD, CA. 92009. The terms used% this Section shall have the same definitions as set forth in the Lease.
RENTAL SCHEDULE
DATE BASE RENT CAM TOTAL RENT
11/01/98-10/31/99 $1236.00 $103.00 $1339.00 11/01/99-10/31/00 $1339.00 $103.00 $1442.00 11/01/00-10/31/01 $1442.00 $103.00 $1545.00
, . ‘,.
. y. CAM CHARGES
CAM Charges are capped during entire three year term.
TAXES AND INSURANCE
Additionally Tenant will NOT be respons'ble for his pro rata share 4ii increases in taxes and insurance beyon the base year.
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EARLY TERMINATION
Tenant reserves right to early termination after twenty four (24) months
with ninty (90) days written notice.
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STANDARD LEASE ATTACHMENT
FOR
REPAIRS AND/REPLACEMENT
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This Lease Attachment refers to that certain Lease dated 39!17/9S by and between PAWMAR #46 as Landlord and (-!ITY OF CARTS~A~ as Tenant for the premises known as c n
The following paragraphs are hereby incorporated into the
aforementioned lease and made a part thereof:
PARAGRAPH # 16. OUTSIDE STORAGE. Lessee hereby grants permission to Lessor to tow away and store, at Lessee's expense,
all automobiles or motor vehicles belonging to Lessee or its
employees or customers, which remain in the common parking area for more than 40 consecutive hours. No automobiles or motor vehicles
shall be parked'and left unattended in any part of the common area
or service yard not striped or designated for parking. Lessee shall not store in the parking, service or common area any materials, supplies, equipment or machinery outside the premises,
whether in the open or in tanks, bin or other container devices,
and shall not otherwise obstruct parking, service or common areas.
PARAGRAPH # 17. REPAIRS AND/OR REPLACEMENT. Lessee shall, at
its sole cost, keep and maintain the Leased Premises ,and appurtenances and every part thereof (excepting wall and roofs which Landlord agrees to repair unless damage is caused by Lessee
or Lessee's agents or invitees), including but not limited to
windows and skylights, doors and store front, floors,'carpeting,
ceilings, interior walls and interior surfaces of exterior walls
of the Leased premises, in good and sanitary order, condition,
repair or replacement. Lessee shall, at its sole cost, keep and
maintain all utilities, fixtures, hot water heater s and mechanical
equipment used by Lessee in good order, condition and repair and
shall repair or replace any asphalt paving damaged by Lessee's
agents or invitees.
PARAGRAPH # 18 GLASS. Lessor shall replace, at the expense
of the Lessee, any and all plate and other glass damaged or broken
from any cause whatsoever in and about the leased premises, or
Lessee may, at its option, replace such glass at its expense
provided Lessee receives approval from Lessor to perform this
repair.
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Section ., 4 This Ullissions; storage, Use 8 Disposal 0E Wtista is alk3chcd lx2 dlcl made part of that certain real estate Lease (the “Lease”) dated between the EULM?iR #46 Landlord and CITY cm fl=nTnnnn IJz -JxuJ .-. -I as 'Yena+, Covering the 7A-rC -n- SW ----- - Property comxmly known &~.a ho. CA 97009 ‘I’he terms used in this Section shall have the same definitions as set forth in the Lease. ,
, EMISSION!%; STORAGE, USE AND DISPOSAL OF WASTE
*.
1. Emissions. Tcnanl shall not:
a. Permit any vchiclo on IhC prcmiscs I0 cmil exhaust wtrich is in violation ot any govcrnmcntat taw, rutc, rcgutation or roquircmonl;
b. Discharge. emit or permit lo bo drschargcd or omitted. any kquid. Solid or gaseous mallQr. or any Combinahon lhorcol. into lho almosphcrc, lho ground or any body 01 waler. whtct~ rnol~or. as roi\soni&ly dokrmlncd by ~ossor or any govornlncnlal conlya does. or
may. potlulo or COlllalniniIk Ihc SJmO. or IS. or may bfXon~@, raJio;lclhw cJr doc!s. or may, advcrscly a(lccl the (1) hcal(h or salc(y of
pOfSOnS, WhCrOvOr lOCJlCd. wholhCr On ltre prCmi%JS or anywhoru otso. (2) condrtion, use or cnjoymcn( ot the prcmrsos or any o(hor real
Of pOfSOllJl prOpOFiy. whclhcr On lh0 prcmrscs or anywhcro CISO. or (3) prunlisos or any 01 lho inlprovw’ncnls I)lcrclo or [horoon lncludlng
buildings. loundalions. p~pos. ulilily kncs. Iandscaprng or parking arcas;
C. Produce, or pormil IO bc produced. any.inlonsc glare. lighl or hoat cxccpl within an ancloscd or scrocnod arca and lhcn only in such
manner lhal Iho glare. lrghl or hoal shall nol bc discornblo Irom outside tho promises:
d. Croalo, or permit lo bo croalod, any sound prcssuro lovol which WIII intcrloro will) Iho qurot cnjoymcnl ol any real propony outs& the
promises, or which WIII croalo a nuisance or wolalo any govornmunlal law, rule. rugulalron or requrromcnt;
,
o. Craalc, or pormil lo bc crcalcd. any ground vibralion Ihal is discorniblo oulsido Iho promises;
I. Transmit, rocoivo or pormil lo bo lransmrllod or roccivod, any oloclromagnolic, microwave or other radialron which 1s harmtut or hazardous to any parson or property in, on or about Ihc promises. or anywhoro 0150.
2. Slorage and Uso.
a. Storage. Subiocl lo Ihc use5 pormillcd and prohibilcd lo Tcnanl under lhis tcasc. Tenant shall sloro in approprialc leak pro01 containers
att solid, trquid or gaseous mallcr. or any combrnation IhcrcOl. which mallcr. il discharged or cmlllr!d ~110 lhc almosphcrc. Iho ground or
any body ol waler. does or may (1) pollulc or conlaminalir Ihc! same, or (2) advcrscly allucl Iho (I) hcallh or salcty 01 persons. wholhor on
tho prcmisos or anywhcrc clso, (ii) condIllon. USC or cnjoymonl ot Ilra prcmisas or any real or personal properly. whclhcr on Ihc prcmisos
or anywhcro olsc. or (ill) prcmiscs or any ot Ilrr: improvcmonls lhorclo or Ihcrcon.
b. lJS0. In addrlion. wilhoul Landlord’s prior wrillcn conscnl. Tonant shall nol ~50. sloro or pormil to remain on Ihc promrses any solid. kquid
or gaseous maltcr which is, or may bccomc. radrooclivo. II Landlord does givo 11s consonl. Tcnanl shall slorc Ihc malurials in such a ”
manner lhat no radioaclrvrly WIII bc dclcclablc ouls~dc a dcs~gnslcd sloragc arca and Tcnunt shall USC Ihc m;llorrals In such a mannor lhal
(1) n0 rual or personal properly OUISI~C tl~c dcs~gnalcd bloragc arca slrall bccomc conlamlnirlcd Ihurcby or (2) Ihcrc are and shall bc no
advcrso cllccls on Ilw (I) hcallh or salcly 01 person s, whollwr on Ihc prcnrrsos or anywhurc clso. (ii) condilron. use or cntoymcnlol Iho
premlsos or any real or personal properly tlrcroon or Ihoroin. or (is) prcmisos or any ot lhc ImproVCmcnls Ihcmlo or Ihercon.
3. Disposal 01 Waslo.
a. Roluso Disposal. Tonanl Shall not kocp any hash. garbage. waslo or olhor roluso on Iho promisos oxccpl in sanrlary containers and shall
ragularly and frequonlly romovo same from Iho prumisos. Tcnanl shall keep all incinuralor s, conlainors or olhcr oquipmenl used lor tho
slorago or disposal 01 such malcrials in a ctuan and sanilary .condrlron.
b. Sow~go Disposal. Tcnanl shall proporly dispoSo 01 all sanilary scwagc and shall nol use Ihc scwagc d~sposnl syslcm (1) lor Iha drsposal
01 anything oxcopl sanrlary scwago or (2) cxc(?ss 01 lhc lessor of Iho amounl (a) reasonably conlomplalcd by Iho usos pcrmrllod under
this Loasc or (b) permillod by any govcrnmonlal onlily. Tunanl Shall keep Iho scwago drsposal syslom hoc 01 all obslructions and in good
oparaling condilion.
c. Disposalof Orhor Wasfo. Tenant shall properly dispose 01 all olhor waslc or olhcr mallcrdolivorcd lo. slorcd upon, located uponorwilhin,
used on. or rcmovod horn. lhc prcmisos in such a rnanncr lhal is doos nol. and will not. advcrscty atlccl lhc (1) haallh or safely of parsons.
whorovcr located, whclhcr‘on Ihc prcmrscs or olsowhcru. (2) condrlion. us0 or cnjoymcnl ot Iho prcmisos or any olhcr real or pOr5Onat
properly. whcrevor localod. whclhcr on the prcmisos or anywhcrc also. or (3) prcmisos or any ot lhc improvcmunls Ihorolo or lhoroon
, including buildings, foundalions. pipos. ulilily lines, landscaping or parking areas.
4. Compliance with Law. NolwrlhSlanding any olhcr provision in lhis Loaso lo Ihc conlrary, Tonanl shall comply wrlh ail Iqws. slalulos,
ordinances, rogulalions, rules and olhor govornmonlat roquiromonls in complying wilh ils obligalrons under Ihs 10550, and in paniCular,
rclaling lo Iha storage, USC and disposal 01 hawrdous or loxic mallur.
5. Indcmnilicalion. Tcnanl shall dclcnd. indornnrly and hold Landlord harmless lrom any loss, claim, liabilrly or cxpcnsc. tncludrng allornoys’
loos and cosls, arising oul 01 or 111 connccl~o~~ wilh ils Iailuro lo obscrvc: or comply wrlh Lha provisions 01 lhis Loaso.
LANOLORD: PALOMAR #46
By:
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TENANT: CITY OFCARLSE%AD /3
By: CLAUDE A. LEWIS, Mayor
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SECTION 20
TENANT: CITY OF CARLSBAD
UNIT ADDRESS: 2075 CORTE DEL NOGAL, SUITE Q CARLSBAD, CA 92009
ITEM:
x STANDARD IMPROVEMENT ONLY
- STANDARD IMPROVEMENTS PLUS THOSE SHOWN BELOW.
FLOOR COVERINGS:
PLUMBING:
LIGHTS:
PAINTING:
A/C OR VENT FAN:
OTHER:
LEESEE SHALL HAVE NINETY (90) DAYS FROM COMMENCEMENT DATE TO NOTIFY LANDLORD IF PLUMBING, MECHANICAL AND ELECTRICAL SYSTEMS ARE NOT IN GOOD WORKING ORDER. IF NOTIFIED LANDLORD WILL MAKE REPAIRS AT LANDLORD'S SOLE COST.
, UNLESS OTHERWISE STATED, THE IMPROVEMENTS LISTED ABOVE WILL BE FINAL. ANY ADDITIONS WILL BE PAID FOR BY THE TENANT.
@ Initials
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G 9.. c ,! : ‘r’ . RULi~~ANDREGULATIONS
IQJ-IIBIT “D’ ?
(Suppbmontd To Law plwi)
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No sign, placard, picture, advertisement, name or notice shall be inscribed, dispIayed or printed or affixed on or to any part of the outside or inside of the Building without the w&ten consent of Landlord first hand and obtained and Landlord shall have the right to remove any such sign, placard, picture, advertisement,
name or notice without notice to and at the expense of the Tenant.
All approved signs or lettering on doors shall be printed, painted, affixed or inscribed at the expense of Tenant by a person approved of by Landlord. Tenant shall not place anything or allow anything to be placed near the glass Of any window, door, partition or wall which may appear unsightly from outside the Premises as determined by Landlord: provided, however, Landlord may require a Building Standard window covering
at alI exterior windows. Tenant shall not without prior written consent of Landlord cause or otherwise sun screen any window.
The sidewalks, exits, entrances, shall not be obstructed by any of the Tenants, or used by them for any
purpose other than for ingress and egress from their respective Premises.
Tenant shall not alter any lock or install any new or additional locks or any bolts on any doors or windows of the Premises.
The toilet rooins, urinal, wash bowls and other apparatus shall not be used for any purpose other than that for which there were constructed and no foreign substance of any kind whatsoever shall be thrown therein and the expense Of any breakage, stoppage, or damage resulting from the violation of this rule shall be borne
by the Tenant who, or whose employees or invitee(s) shall have caused it.
Tenant shall not in any way deface the Premises or any part thereof.
Tenant shall not use, keep or permit to be used or kept any foul or noxious gas or substance in the Premises, or permit or suffer the Premises to be occupied or us4 in a manner offensive or objectionable to the Landlord or other occupants of the Wlding by reason of noise, odors, and/or vibrations or interfere in any way with other Lessees or those having business therein, nor shall any animals or birds be brought in or kept in, on, or about the Premises or Building.
Lessee shall not use or keep in the Premises or the IMding any kerosene gasoline or inflammable or
combustible fluid or material, or use any method of heating or air conditioning other than that supplied by
Landlord.
Landlord reserves the right to exclude or expel from the premises any person who, in the judgement of Landlord is intoxicated or under the influence of liquor or drugs, or who shall in any manner do any act in
violation of any of these Rules and Regulations.
No vending machine or machines of any description shall be installed, maintained or Operated upon the
Premises without the written consent of the Landlord.
Landlord shall have the right, exercisable without notice and without liability to Landlord to change the name
and street address of the Building of which the Premises are a part.
Tenant shall not disturb, solicit, canvas any occupant of the Building and shall Cooperate to Prevent same.
Without tie written consent of Landlord, Tenant shall not use the name of the Building in cOnnectiOn With
or in promoting or advertising the business of Tenant except as Tenant’s address.
All garbage and refuse shall be placed by Tenants in container&
EXHIBIT ” D ’
Page 1 of 2
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- 1’ - RULES AND REGULATIONS
,:. . EXHIBIT “D”
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No aerial or antenna shall be erected on the roof or exterior walls of the Leased Premise& or on the grounds without in each instance, the written consent of Landlord first being obtained. Any aerial or antenna so installed without such written consent shall be subject to removal by Landlord at any time without notice.
No loud speakers, television, phonographs, radios or other devises shall be used in a manner so as to be heard or seen outside of the Leased Premises with the prior written consent of Landlord.
The outside areas immediately adjoining the Leased Premises shall be kept clean and free from dirt and rubbish by Tenant, to the satisfaction of the Landlord, and Tenant shall not place or permit any obstruction or materials in such areas. No exterior storage shah be allowed including, without limitation, the storage of motor vehicles, trucks, boars, trailers, pahets, drums, or equipment of any kind or nature, without the permission in writing from Landlord.
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Tenant shaIi use at Tenant’s cost such pest extermination contractor as Landlord may direct and at such
intervrds as Landlord may require.
Tenant shall not bum any trash or garbage of any kind in or about the Leased Premises or the Project.
No residential qsc, including without limiting the generality of the foregoing, residing, sleeping or cooking are permitted on’ the Premises or anywhere on the Project.
No animals of any type, including,, without limiting the generality of the foregoing, pets, yard dogs, exotic animals, reptiles or birds, are permitted on the Premises or anywhere on the Project.
Landlord reserves the right, by written notice to Tenant, to rescind, alter or waive any rule or regulation at any time prescribed for the Building when, in Landlord’s judgment, it is necessag, desirable or proper for
the best interest of the Building and its Tenants,
The trash dumpsters in the common areas are designed for office and light waste only. If a Tenant is a heavier generator of trash, it is the responsibility of the Tenant to comract directly with a trash disposal
company for a dumpster and trash pick-ups. Under no circumstances are contractors allowed to place
construction debris in any dumpster in tho park.
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EXHIBIT “D” Page2of2
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TENANT: CITY OF C!ARLsm
UNIT ADDRESS:
I. 2075 OXL!E DEL NXAL, SUITE Q CARLSBAD, CA 92009 ,
QUALITY AN&OR SIZE
HEIGHT, LENGTH ETC,
ITEM:
X STANDARD IMPROVEMENT ONLY
STANDARD IMPRQVtZMENTS PLUS THOSE SHOWN BELOW.
PARTITIONS:
CEILINGS:
FLOOR COVERINGS:-
PLUMBING:
LIGHTS:
SWITCHES:
WALL ELEC, OUTLETS:
PHONE OUTLETS:
A/C OR VENT FAN:
A/C HOOK UP: ,
WATER HEATER:
PAINTING:
OTHER: .
* . .
LEESEE SHALL HAVE NINETY (90) DAYS FROM COMMENCEMENT DATE TO NOTIFY LANDLORD IF PLUMBING, MECHANICAL AND ELECTRICAL SYSTEMS ARE NOT IN GOOD WORKING ORDER. IF NOTIFIED LANDLORD WILL MAKE REPAIRS AT LANDLORD'S SOLE COST.
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UNLESS OTHERWISE STATED, THE IMPROVEMENTS LL'STED ABOVE WILL BE
FINAL. ANY ADDITIONS WILL BE PAID FOR BY THE TENANT.
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I SIGN CRITERIA . . *. ,
; ‘.. I ’ I a-8 4. , - PALOMAR AIRPORT ~USI~SS PARli : : . . PALOMAR #46 . ;
Standard Tenant I.D. Siqn - Multi Tenant
46 sizer 12" x 4'
Material] Redwood or'weetern Red Cedar
Letter Heighta 4" maximum, no more than 6 wordo
All lettering to be approved by OwnerjLeseor
Color t To be determined by building colors - any changes to \ be approved by Owner/Leaeot
Hardware8 Primed and enamelled to withstand ruet . Mounting8 Two methods displayed below' Concrete wall mounting
Standard Tenant I.D. Siqn - Sinqle Tenant
Tenants who are the sole occupant of a building are entitled to either a monument eign &ocated close to the entry, or a sign on the building.
, Size 8 The combined square footage if either sign .shall not exceed 24 square feet.
Material; Several material are acceptable1 Concrete, Steel or Redwood
Approval8 Specifications and drawing6 shall be approved by . . Owner/Leseor . "
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PAL~MAR y46
SIGN CRITERIA
1. SIGN CRITERIA
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This criteria establishes the uniform policies for all Tenant oign indentification within the PALOMAR AIRPORT BUSINESS PARK. This criteria has been established for the purpoee of maintaining the overall appearance of the Park. Conformance will be etrictly enforced. Any sign installed that does not conform to the sign criteria, unlees agreed upon by the Landlord, will be brought to conformity at the expense of the Tenant.
*A. General ,Requiremente
2r A drawing of the size and shape of the approved sign is attached. Lettering and inetallation ohall be paid for' by the .;Tenant.
2. Landlord shall approve all copy and/or logo
design prior to the installation of the eign.
3. Landlord shall direct the placement of all tenant eigno and the method of attachment to the building.
4. Tenant shall be responsible for the fulfillment of all requirements of thie criteria.
8. General Specifications
1. The eign'e dimeneione shall be 12' high by 4 feet wide.
2. Tenant shall be allowed one oign regardlese
of aize of occupancy.
3. All sign lettering shall be white .in color.
No other color shall be a maximum of 4" in height.
4. No electrical or audible eign*e shall be allowed.
5. Upon expiration of lease, tenant shall remove sign insert only.
6. Except as provided herein, no advertising
placards, banners, pennants, name8, insignia, trademarks,
or other descriptive material shall be affixed or maintained upon any automated machine, glass panes of the building,
landecaped area6, etreete, or parking areae.
7. Signage is at Tenantsexpense. The stimated.cost$200.00 plus installation. Please contact Signs ime (431-1051).
moL Ten&itial6
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OCEAN POINT TECH CENTRE
& 01
PALOMAR PARKS 14, 28 & 46
Welcome to our Carlsbad Parks! To insure that your move goes smoothly, we have collected a list of services you may find useful. Also, please contact your
Insurance Agent - per your lease, you are required to carry public liability insurance.
LEASING OFFICE: 5411Avenida Encinas,#llO
Carlsbad, California 92008 Sandy Watson, Property Hgr.
Shari Beere, Asst Prop.Mgr.
(760) 438-9200
SEND RENT CHECKS TO: . 550 West C St., Ste 1820 San Diego, California 92101
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BUSINESS.,.LICENSE:
1
1200 Elm Ave.
Carlsbad, Ca.
(7601 434-2882
ELECTRICITY; , S.D.G & E
1816 Oceanside Blvd
Oceanside, CA
l-800-411-7343
POLICE:
POLICE/FIRE EMERGENCIES 911
TELEPHONE
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POST OFFICE:
Carlsbad Police Dept.
2560 Orion Way
Carlsbad, Ca
(760) 931-2197
Pacific Bell l-800-750-2355
2772 Roosevelt Street Carlsbad, Ca
1-800-275-8777
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