HomeMy WebLinkAbout1996-01-09; City Council; 13458; APPROVE LEASE AGREEMENT WITH PALOMAR 46 FOR LIBRARY STORAGE AT 2075 CORTE DEL NOGAL-Q 3
PALOMAR 46 FOR LIBRARY STORAGE
AT 2075 CORE DEL NOGAL
Adopt Resolution No. 5 b -- 9
agreement between the City of Carlsbad and Palomar #46.
ITEM EXPLANATION:
The Purchasing Department currently leases approximately 2,060 square feet of warehoi
storage space at 2075 Code del Nogal for the Library. The leased space is necessary d
the lack of adequate storage space in the Library or the Purchasing warehouse for the
storage of collections for the new library and for existing lower priority collections.
The original lease was initiated in October, 1989 for a term of three years at a rate of $1
per month. Cost of living adjustments increased the rent to $1,725 per month. CommL
Services staff renegotiated the lease in 1992 at a rate of $968 per month. Cost of living
adjustments increased the rate to the current level of $1,236 per month, Community SE
Staff has renogotiated the lease and the new lease reduces the rate to $1,154 per mont
the first year. The cost for the second and third year are $1,236 per month and $1,319
month respectively.
FISCAL IMPACT
The cost of the current lease is $1,236 per month or $14,832 annually. The new lease
reduces the rent to $1 ,I 54 or $1 3,848 annually. This will result in first year savings of $!
Funds have been included in the Purchasing Department budget for this purpose.
which authorizes the Mayor to execute the I(
Resolution No. 9b - cj
2. Lease Agreement
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RESOLUTION NO. 96-9
e
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA APPROVING AN EXTENSION OF
THE EXISTING LEASE WITH PALOMAR #46 FOR SUITE Q
LOCATED AT 2075 CORTE DEL NOGAL STREET, CARLSBAD,
CALI FORNl A
WHEREAS, the City of Carlsbad, California has determined the need to provic
warehouse/storage space for the library;
WHEREAS, Community Services Staff has negotiated with the property mana
and secured a new three-year lease and a reduction in the rental rate;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the C'w of Car
California as follows:
1.
2.
That the above recitations are true and correct.
That the new Lease Agreement between the City of Carlsbad and Pal
#46 attached hereto as Exhibit A is hereby approved.
That the Mayor is hereby authorized to sign the lease agreement on
of the City.
3.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Carl
at its regular meeting held on the 9th dayof JANUARY
1996, by the following vote, to wit:
AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall
NOES: None
ABSENT: None d&!iz v -
CIAUDEA. LEWIS, Mayor
ATTEST: Yidh)
ALETHA L RAUTENKRANZ, C'ty Clerk
(SEAL)
e a .. *.
Southern California Chapter of the
% 9 Society of Industrial and Office Realtors,@ Inc.
INDUSTRIAL REAL ESTATE LEASE
(MULTI-TENANT FACILITY)
ARTICLE ONE: BASIC TERMS
This Article One contains the Oasic Terms of this Lease between the Landlord and Tenant n
Other Articles, Sections and Paragraphs of the Lease referred to in this Article One explain and def Terms and are to be read in conjunction with the Basic Terms.
Section 1.01. Date of Lease: smw 28. 1995
Section 1.02. Landlord (include legal entity): PAlxxlwi # 46
Address of Landlord: 3411 A-NAS, STE #11(
Section 1.03. Tenant (include legal entity): CITY OF CMUSBAD
Address of Tenant: 2075 alRTE DEL NOGAL, SUITE Q
CA 97009
Section 1.04. Property: The Property is part of Landlord's multi-tenant real property develc as #46
and described or depicted in Exhibit "A" [the "Project"). The Project includes the land. the buildinl improvements located on the land, and the common areas described in Para raph 4.05(a . The Pro street address, approximate square footage and description) ALVFOXIMAdY 2,060 hWJ3d
IDCATED AT:
'2075 CDR'IE DEL NOGAC, SUITE ( CARLSBAD, CA 92009
. Section 1.05. Lease Term: 3 years months beginning on WVDfBm '
OCIOBER :
Section 1.06. Permitted Uses: (See Article Five) bENKIpAL Q3VERNMwT FlRFOS'Z
Section 1.07. Tenant's Guarantor: (If none. SO state) Nh
Section 1.08. Brokers: (See Article Fourteen) (If none. so statc)
CARLSBAD, CA 92009 *
or such other date as is specified in this Lease. and ending on ___
Landlord's Broker: Nfa
Tcnant's Broker: NJA
Section 1.09. Commission Payable to Landlord's Broker: (See Article Fourteen) $ -IS
Section 1.10. Initial Security Deposit: (See Section 3.03) $1565.00 (a-4 HAND)
Scction 1.11. Vehicle Parking Spaces Allocated to Tenant: (See Section 4.05) 3
Section 1.12. Rent and Other Charges Payable by Tenant:
(a) BASE RENT: CNE ~~P~ m & FIFTY FCuR AN'D xx/loo Dollars (S
per month for the first
Section 3.02. or [ii] p-
12 months, as provided in Section 3.01. and shall be first day of the 13 month(s) after the Commencement Date. either (
(l
. (If [ii) is completed. thcn (i) and Section 3.02 i
Section 4.021; (ii) Utilities [See Section 4.03); (iii) fncreased Ins Section 4.04); (iv) Tenant's Initial Pro Rata Share
4.05); (v) Impounds for Tenant's Property Taxes (See S
Section 1.14. Landlord's Share of Profit on Assignment or Sublease: [SF Section -- percent ( 100 "/a) of the Profit [the "Landlord's Sham").
Section 1.15. Riders: The following Riders are attached to and made a part of this Lease
SECI'IWS 15. 16, 17, 18,& 19
PER m OF CARLSBAD, ALL LEASES APE C;IEOSS NET VI?LITIES AND J
and OIfice Realtors? Inc. of the Society of Industrial % (Multi-Tenant I Gross Form) Initial 4 0 1988 Southern California Chapter
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c ARTICLJITWO: LEASETERM
Section 2.01. Lease of Property For Lease Term. Landlord leases the Property to Tenant and Te.
the Property from Landlord for the Lease Term. The Lease Term is for the period stated in Section 1.05 shall begin and end on the dates specified in Section 1.05 above. unless the beginning or end of the Ler
changed under any provision of this Lease. The “Commencement Date” shall be the date specified in S above for the beginning of the Lease Term, unless advnnced or delayed under eny provision of this Let
Section 2.02. Delay in Commencement. Landlord shall not be liable to Tenant if Landlord does possession of the Property to Tenant on the Commencement Date. Landlord‘s non-delivery of the Proper on that date shall not affect this Lease or the obligations of Tenant under this Lease except that the Con Date shall be delayed until Landlord delivers possession of the Property to Tenant and the Lease Te extended for a period equal to the delay in delivery of possession of the Property to Tenant, plus the nur necessary to end the Lease Ten on the last day of a month, If Landlord does not deliver possession of thf
Tenant within sixty [60) days after the Commencement Date, Tenant may elect to cancel this Lease by pi
notice to Landlord within ten (10) days after the sixty (60) -day period ends. If Tenant gives such noti. shall be cancelled and neither Landlord nor Tenant shall have any Further obligotions to the other. If Tei give such notice, Tenant’s right to cancel the Lease shall expire and the Lease Term shall commer
delivery of possession of the Property to Tenant. If delivery of possession of the Property to Tenan
Landlord and Tenant shall, upon such delivery. execute an amendment to this Lease setting fori Commencement Date and expiration date of the Leese. Failure to execute such amendment shall not aff
Commencement Date and expiration date of the Lease.
Section 2.03. Early Occupancy. If Tenant occupies the Property prior to the Commencement 1
occupancy of the Property shall be subject to all of the provisions of this Lease. Early occupancy of the
not advance the expiration date of this Lease. Tenant shall pay Base Rent and all other charges specifiec
for the early occupancy period.
Section 2.04. Holding Over. Tenant shall vacate the Property upon the expiration or earlier t this Lease. Tenant shall reimburse Landlord for and indemnify Landlord against all damages which L
from Tenant’s delay in vacating the Property. If Tenant does not vacate the Property upon the expirt
termination of the Lease and Landlord thereafter accepts rent from Tenant, Tenant’s occupancy of the
be a “month-to-month” tenancy, subject to all of the terms of this Lease applicable to a month-to-n except that the Base Rent then in effect shall be increased by twenty-five percent (25%).
ARTICLE THREE: BASE RENT
Section 3.01. Time and Manner of Payment. Upon execution of this Lease, Tenant shall pa Base Rent in the amount stated in Paragraph 1.12(a] above for the first month of the Lease Term. On the second month of the Lease Term and each month thereafter, Tenant shall pay Landlord the Base Rc without offset, deduction or prior demand. The Base Rent shall be payable at LandIord’s address c
place as Landlord may designate in writing.
Section 3.02. Cost of Living Increases. The Base Rent shall be increased on each de Adjustment Date”) stated in Paragraph 1.12(a) above in accordance with the increase in the United St of Labor, Bureau of Labor Statistics, Consumer Price Index for All Urban Consumers (all items for t Statistical Area in which the Property is located on the basis of 1982-1984 = 100) (the “Index”] as
[a) The Base Rent (the “Comparison Base Rent”) in effect immediately before each Rental Adjus be increased by the percentage that the Index has increased from the date (the “Comparison I
occurs. The Base Rent shall not be reduced by reason of such computation. bndlord shall notih
increase by a written statement which shall include the Index for the applicable Comparison Date, applicable Rental Adjustment Date, the percentage increase between those two Indices, and the nev
increase in the Base Rent provided for in this Section 3.02 shall be subject to any minimum or maxi
provided for in Paragraph 1.12(a].
(b) Tenant shall pay the new Base Rent from the applicable Rental Adjustment Date unti Adjustment Date. Landlord‘s notice may be given after the applicable Rental Adjustment Date of
Tenant shall pay Landlord the accrued rental adjustment for the months elapsed between the eff increase and Landlord‘s notice of such increase within ten (10) days after Landlord‘s notice.
components of &he Index are materially changed after the Commencement Date, Landlord shall SI
which is published by the Bureau of Labor Statistics or similar agency and which is most nearl)
Index in effect on the Commencement Date. The substitute index shall be used to calculate the in Rent unless Tenant objects to such index in writing within fifteen (15) days after receipt of La Tenant objects, Landlord and Tenant shall submit the selection of the substitute index for bin( accordance with the rules and regulations of the American Arbitration Association at its off
Property. The costs of arbitration shall be borne equally by Landlord and Tenant.
-
payment of the Comparison Base Rent began through the month in which the applicable Rental .
@ 1988 Southern California Chapter 2 Inin
of the Society of Industrial and Ofi3w Resiton? Inc. % (Multi-Tenant Gross Form)
.. * m a Section 3.03. Security Deposit; hcreases.
(a] Upon the execution of this Lease, Tenant shall deposit with Landlord a cash Security Depos. set forth in Section 1.10 above. Landlord may apply all or part of the Security Deposit to any unpa
charges due horn Tenant or to cure any other defaults of Tenant. If Landlord uses any part of the S Tenant shall restorehe Security Deposit to its full amount within ten (10) days after Landlord’s Tenant’s failure to do so shall be a material default under this Lease. No interest shall be paid
Deposit. Landlord shall not be required to keep the Security Deposit separate from its other ~CCOUI relationship is created with respect to the Security Deposit.
(b) Each time the Base Rent is increased, Tenant shall deposit additional funds with Landlc increase the Security Deposit to an amount which bears the same relationship to the adjusted Base R
Security Deposit bore to the initial Base Rent.
Section 3.04. Termination: Advance Payments. Upon termination of this Lease und,
[Damage or Destruction), Article Eight [Condemnation) or any other termination not resulting from
and after Tenant has vacated the Property in the manner required by this Lease, Landlord shall re Tenant (or Tenant’s successor) the unused portion of the Security Deposit. any advance rent I payments made by Tenant to Landlord, and any amounts paid for real property taxes and other rese
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 C~
Rent.” Unless this Lease provides otherwise, Tenant shall pay all Additional Rent then due with
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 Propert: Term. Base Real Property Taxes are real property taxes applicable to the Property as shown on t
most recent tax fiscal year ending prior to the Commencement Date. However, if the structures o
not completed by the tax lien date of such tax fiscal year, the Base Real Property Taxes are the t2
first ra bill showing the full assessed value of the Property after completion of the structures.
Landlord the amount, if any, by which the real property taxes during the Lease Term exceed the 1 Taxes. Subject to Paragraph 4.02(c]. Tenant shall make such payments within fifteen (15) da:
Landlord’s statement showing the amount and computation of such increase. Landlord shall rei] any real property taxes paid by Tenant covering any period of time prior to or after the Lease T
(b) Definition of “Real Property Ta~c.” “Real property tax” means: [i) any fee, Iicens business license fee, commercial rental tax, levy. charge, assessment, penalty or tax imposed by ar
against the Property: [ii) any tax on the Landlord‘s right to receive, or the receipt of, rent or income
or against Landlord’s business of leasing the Property; (iii) any tax or charge for fire protection,
road maintenance, refuse or other services provided to the Property by any governmental ag
defined by applicable law, or other transfer of a11 or part of Landlord’s interest in the Property; an fee replacing any tax previously included within the definition of real property tax. “Real prop 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 share of the real property tax payable by Tenant under Paragraph 4.02[a) from the assessor’s v reasonably available information. Tenant shall pay such share to Landlord within fifteen [15) d Landlord’s written statement.
imposed upon this transaction or based upon a re-assessment of the Property due to a changl
(dl Personal Property Taxes.
[i) Tenant shall pay all taxes charged against trade fiures, furnishings. equipment or property belonging to Tenant. Tenant shall try to have personal property taxed separately 1
(ii) If any of Tenant’s personal property is taxed with the Property. Tenant shall pay Li the personal property within fifteen [15) days after Tenant receives a written statement fro]
personal property taxes.
Section 4.03. Utilities. Tenant shall pay, directly to the appropriate supplier, the cost of
light, power, sewer service, telephone, water, refuse disposal and other utilities and semi’ Property. However, if any services or utilities are jointly metered with other property, Lar
reasonable determination of Tenant’s proportionate share of the cost of such utilities and semi1
pay such share to Landlord within fifteen (15) days after receipt of Landlord’s written stateme
@ 1- Southern California chspter 3 Initie
of the Society of Industrial and Oftice Realtors? Inc. q (Multi-Tenant Gross Form) -
- e a
Section 4.04. *kana, policies. .. (a) Liability Insurance. During the Lease Teem, Tenant shall maintain a policy of commercial gen insurance [sometimes known as bmad form comprehensive general liability insurance) insuring Te liability for bodily injury, property damage (including loss of use of property) and personal injury arisii
operation, use or occupancy of the Property. Tenant shall name Landlord as an additional insured under
The initial amount of such insurance shall be One Million Dollars ($l,OOO,~O) per occurrence and shall
periodic increase based upon inflation. increased liability awards. recommendation of Landlord‘s insurance advisers and other relevant factors. The liability insurance obtained by Tenant under this Para
shall (i) be primary and noncontributing; (ii) contain cross-liability endorsements: and (iii) insure Lanl
Tenant‘s performance under Section 5.05, if the matters giving rise to the indemnity under Section 5.t
the negligence of Tenant. The amount and coverage of such insurance shall not limit Tenant’s liabili
Tenant of any other obligation under this Lease. Landlord may also obtain comprehensive public liabi in an amount and with coverage determined by Landlord insuring Landlord against liability a ownership, operation, use or occupancy of the Property. The policy obtained by Landlord shall not bc and shall not provide primary insurance.
(b) Property and Rental Income Insurance. During the Lease Term, Landlord shall mainta insurance covering loss of or damage to the Property in the full amount of its replacement value. SUC contain an Inflation Guard Endorsement and shall provide protection against all perils include
classification of fire. extended coverage, vandalism, malicious mischief, special extended perils [all r leakage and any other perils which Landlord deems reasonably necessary. Landlord shall have the I flood and earthquake insurance if required by any lender holding a security interest in the Property. I
not obtain insurance for Tenant’s fixtures or equipment or building improvements installed by 1
Property. During the Lease Term, Landlord shall also maintain a rental income insurance policy, with I Landlord, in an amount equal to one year’s Base Rent, plus estimated real property taxes and insurai Tenant shall be liable for the payment of any deductible amount under Landlord’s or Tenant’s insL
maintained pursuant to this Section 4.04. in an amount not to exceed Ten Thousand Doflars [$lO,OOO
not do or permit anything to be done which invalidates any such insurance policies.
(c) Papent of premiums.
(i) kdlord shall pay the “Base Premiums” toor the insurance policies maintained by t Paragraph 4.04(b). If the Property has been previously fully occupied. the “Base Premiums’’ are
premiums paid during or applicable to the last twelve (12) months of such prior occupancy. If th not been previously fully occupied or has been occupied for less than twelve (12) months, the Bast
the lowest annual premiums reasonably obtainable for the required insurance for the Prop
Commencement Date.
(ii] Tenant shall pay Landlord the amount. if any, by which the insurance premiums f maintained by Landlord under Paragraph 4.04(b) have increased over the Base Premiums,
increases result from the nature of Tenant’s occupancy, any act or omission of Tenant, the reqi lender referred to in Article Eleven (Protection of Lenders), the increased value of the Property
increases. However, if Landlord substantially increases the amount of insurance carried or th~ insured value after the period during which the Base Premiums were calculated, Tenant shall on1 the amount of increased premiums which would have been charged by the insurance carrier il insurance or percentage of insod value had not been substantially increased by Landlord. Thi the amount due from Tenant shall be made only once during the Lease Term. Thereafter, ”
obligated to pay the full amount of any additional increases in the insurance premiums, inch
resulting from any further increases in the amount of insurance or percentage of insured VI Section 4.05, Tenant shall pay Landlord the increases over the Base Premiums within fifteen
receipt by Tenant of a copy of the premium statement or other evidence of the amount due. I
policies maintained by Landlord cover improvements or real property other than the Property,
also deliver to Tenant a statement of the amount of the premiums applicable to the Prope
reasonable detail, how such amount was computed. If the Lease Term expires before the e 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 requites the insurance carrier to give Landlord not less than thirty (30) days’ written not cancellation or modification of such coverage.
(ii) If Tenant fails to deliver any policy, certificate or renewal to Landlord required under 1 the prescribed time period or if any such policy is cancelled or modified during the Lea! Landlord’s consent, Landlord may obtain such insurance. in which case Tenant shall reimburse cost of such insurance within fifteen (15) days after receipt of a statement that indicates
insurance.
@ 1988 Southern California Chapter 4 hiHa @ s of the Society of Industrial and Office Realtors? Inc. g (Multi-Tenant Gross Form)
., 9 e a
(iii) Tenant shall maintain all insurance required under this Lease with companies hold Policy Rating" of A-12 or batter, as set forth in the most current issue of "Best Key Rating Guide'
described in this Section 4.04 may not be available in the future. Tenant acknowledges tha
described in this Section 4.04 is for the primary benefit of Landlord. If ot any time during the Lea: is unable to maintain the insurance required under the Lease, Tenant shall nevertheless mail coverage which is customary and commercially reasonable in the insurance industry for T business, as that coverage may change from time to time. Landlord makes no &presentation as to such insurance to protect Landlord's or Tenant's interests. Therefore, Tenant shall obtain ony property or liability insurance which Tenant deems necessary to protect Landlord and Tenant.
(iv) Unfess prohibited under any applicable insurance policies maintained, Landlord r hereby waive any and all rights of recovery against the other, or against the officers, empl' representatives of the other, for loss of or damage to its property or the property of others unc such loss or damage is covered by any insurance policy in force (whether or not described in t time of such loss or damage. Upon obtaining the required policies of insurance, Landlord and 1 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 I available for the common use of tenants of the Project and which are not leased or held for the
Tenant or other tenants, including, but not limited to, parking areas, driveways, sidewalks, load roads, corridors, landscaping and planted areas. Landlord, from time to time, may change the size, and use of any of the Common Areas, convert Common Areas into leaseable areas, construct ad
facilities (including parking structures) in the Common Areas. and increase or decrease Common ,
facilities. Tenant acknowledges that such activities may result in inconvenience to Tenant. Su# 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 0th others to whom Landlord has granted or may grant such rights] to use the Common Areas for the p'
subjeqt to such reasonable rules and regulations as Landlord may establish from time to time. Ten, such rules and regulations and shall use its best effort to cause others who use the Common An express or implied permission to abide by Landlord's rules and regulations. At any time, Landlo
Common Areas to perform any acts in the Common Areas as, in Landlord's judgment, are desirak
Project. Tenant shall not interfere with the rights of Landlord, other tenants or any other person f
Common Areas.
(c) Specific Provision re: Vehicle Parking. Tenant shall be entitled to use the number c spaces in the Project allocated to Tenant in Section 1.11 of the Lease without paying any additio parking shall not be reserved and shall be limited to vehicles no larger than standard size auto1
utility vehicles. Tenant shall not cause large trucks or other large vehicles to be parked within th
adjacent public streets. Temporary parking of large delivery vehicles in the Project may be permittc
regulations established by Landlord. Vehicles shall be parked only in striped parking spaces and
loading areas or other locations not specifically designated for parking. Handicapped spaces sha
those legally permitted to use them. If Tenant parb more vehicles in the parking area than the r Section 1.11 of this Lease, such conduct shall be a material breach of this Lease. In addition ti remedies under the Lease, Tenant shall pay a daily charge determined by +ridlord for each such a1
(dl Maintenance of Common Areas. Landlord shall maintain the Common Areas in goc and repair and shall operate the Project. in Landlord's sole discretion, as a first-class industri property development. Tenant shall pay Tenant's pro rata share (as determined below] of a11
Landlord for the operation and maintenance of the Common Areas. Common Area costs include, to, costs and expenses for the following: gardening and landscaping; utilities, water and sewae
nance of signs (other than tenants' signs): premiums for liability, property damage, fire and othr
insurance on the Common Areas and worker's compensation insurance; all property taxes and as:
or attributable to the Common Areas and all Common Area improvements; all personal propert!
attributable to personal property used in connection with the Common Areas; straight-line deprE
property owned by Landlord which is consumed in the operation or maintenance of the Corn lease payments paid by Landlord for rented or leased personal property used in the operation or
Common Areas; fees for required licenses and permits; repairing, resurfacing, repaving, ma
lighting, cleaning, refuse removal, security and similar items; reserves for roof replacement and e:
other appropriate reserves; and a reasonable allowance to Landlord for Landlord's supervision of
(not to exceed five percent (5%) of the gross rents of the Project for the calendar year). Landlord I of such seMces to be provided by third parties and the cost of such services shall be include
costs. Common Area costs shall not include depreciation of real property which forms part of
- Tenant acknowledge the insurance markets are rapidly changing and that insurance in the fon
@ 1988 Southern of the Society California of Industrial Chapter 9 5
(Multi-Tenant Gmss Form)
Initials 4
end Office Realtors? Inc.
.. * 0 a
(e) Tenant's Sham and Payment. Tenant shall pay Tenant's annual pro rata share of all Comr (prorated for any fractional month) upon written notice from Landlord that such costs are due and I:
any event prior to delinquency. Tenant's pro rata share shall be calculated by dividing the square f Property. as set forth in Section 1.04 of the Lease, by the aggregate square foot area of the Project whi
held for lease by tenants, as of the date on which the computation is made. Tenant's initial'pro rata shi
Paragraph 1.13(b). Any changes in the Common Area costs andlor the aggregate area of the Proiect lea
lease during the Lease Term shall be effective on the first day of the month after such change occurs, at Landlord's election, estimate in advance and charge to Tenant as Common Area costs, all real prm which Tenant is liable under Section 4.02 of the Lease, all insurance premiums for which Tenant
Section 4.04 of the Lease. all maintenance and repair costs for which Tenant is liable under Section 6.
and all other Common Area costs payable by Tenant hereunder. At Landlord's election, such stateme
Landlord. Landlord may adjust such estimates at any time based upon Landlord's experience
anticipation of costs. Such adjustments shall be effective as of the next rent payment date after n Within sixty (60) days after the end of each calendar year of the Lease Term. Landlord shall del:
statement prepared in accordance with generally accepted accounting principles setting forth, in r
the Common Area costs paid or incurred by Landlord during the preceding calendar year and Tenanl
Upon receipt of such statement, there shall be an adjustment between Landlord and Tenant. wit credit given by Landlord (as the case may be) so that Landlord shall receive the entire amount of' such costs and expenses for such period.
Section 4.06. Late Charges. Tenant's failure to pay rent promptly may cause Landlord to inc
costs. The exact amount of such costs are impractical or extremely difficult to ascertain. Such costs are not limited to, processing and accounting charges and late charges which may be imposed on ,ground lease, mortgage or trust deed encumbering the Property. Therefore, if Landlord does not payment within ten (IO) days after it becomes due, Tenant shall pay Landlord a late charge eqi
(loO/O) of the overdue amount. The parties agree that such late charge represents a fair and reasonat costs Landlord will incur by reason of such late payment. lhere will be a $50.00 charge
Section 4.07. Interest on Past Due Obligations. Any amount owed by Tenant to Landlord when due shall bear interest at the rate of fifteen percent (15%) per annum from the due date However, interest shall not be payable on late charges to be paid by Tenant under this Lease. The p
0n:such amounts shall not excuse or cure any default by Tenant under this Lease. If the interest ra'
Lease is higher than the rate permitted by law. the interest rate is hereby decreased to the maxi1 rate permitted by law.
Section 4.08. Impounds for Insurance Premiums and Real Property Taxes. If reques
lessor or lender to whom Landlord has granted a security interest in the Property, or if Tenant is days late in the payment of rent more than once in any consecutive twelve (121 -month period Landlord a sum equal to one-twelfth ('112) of the annual real property taxes and insurance prei
Tenant under this Lease. together with each payment of Base Rent. Landlord shall hold SUI
non-interest bearing impound account. If unknown. Landlord shall reasonably estimate the amoi
taxes and insurance premiums when due. Tenant shall pay any deficiency of funds in the in Landlord upon written request. If Tenant defaults under this Lease, Landlord may apply any fun
account to any obligation then due under this Lease.
ARTICLE FIVE: USE OF PROPERIY
1.06 above.
Common Area casts shall be delivered monthiy, quarterly at at any other periodic intervals to bc
non sufficient funds.
Section 5.01. Permitted Uses. Tenant may use the Property only for the Permitted Uses
Section 5.02. Manner of Use. Tenant shall not cause or permit the Property to be usec constitutes a violation of any law, ordinance, or governmental regulation or order, which anno:
the rights of tenants of the Project, or which constitutes a nuisance or waste. Tenant shall ob
permits, including a Certificate of Occupancy, required for Tenant's occupancy of the Property
take all actions necessary to comply with all applicable statutes, ordinances, rules, regu
requirements regulating the use by Tenant of the Property, including the Occupational Safety
Hazardous Materials. As used in this Lease. the term "Hazardous h
flammable items, explosives, radioactive materials, hazardous or toxic substances, material materials, including any substances defined as or included in the definition of "hazardous sub wastes", "hazardous materials" or "toxic substances" now or subsequently regulated under ar
state or local laws or regulations, including without limitation petroleum-based products, P
cyanide, DDT, printing inks, acids. pesticides, ammonia compounds and other chemical pro<
and similar compounds. and including any different products and materials which are subseq adverse effects on the environment or the health and safety of persons. Tenant shall not
Hazardous Material to be generated. produced, brought upon, used, stored, treated or disposl
Property by Tenant, its agents, employees, contractors, sublessees or invitees without the pri Landlord. Landlord shall be entitled to take into account such other factors or facts as Lani determine to be relevant in determining whether to grant or withhold consent to Tenant's F
respect to Hazardous Material. In no event, however, shall Landlord be quid to consent t
of any storage tanks on the Property.
Section 5.03.
4 @ 1988 Southern California Chapter 6 lnitia of the Society of Industrial 9 and Office Realtors? Inc. (Multi-Tenant Gram Form) -
.. e e
Section 6.04. Tenant’s Obligations.
(a) Except as provided in Article Seven (Damage or Destruction] and Article Eight [Condea - shall keep all portions of the Property (including structural. nonstructural. interior. systems and equ order. condition and repair (including interior repainting and refinishing. as needed). If any portior
or any system or equipment in the Property which Tenant is obligated to repair cannot be fully repa
Tenant shall promptly replace such portion of the Property or system or equipment in the Proper
whether the benefit of such replacement extends beyond the Lease Term; but if the benefit or us replacement extends beyond the Lease Term (as such term may be extended by exercise of any opt
life of such replacement shall be prorated over the remaining portion of the Lease Term (as extenc shall be liable only for that portion of the cost which is applicable to the Lease Term (as extendc
. Landlord shall hn
conditioning system at Tenant’s expense. In addition, Tenant shall, at Tenant’s expense, repair ar
‘Opf, foundation or structural portions of walls caused by Tenant’s acts or omissions. It is the inter
and Tenant that, at all times during the Lease Term, Tenant shall maintain the Property in an atti
and fully operative condition.
[b) Tenant shall fulfill all of Tenant’s obligations under this Section 6.04 at Tenant’s sole e fails to maintain, repair or replace the Property as required by this Section 6.04, Landlord may, u] prior notice to Tenant (except that no notice shall be required in the case of an emergency). enter perform such maintenance or repair (including replacement, as needed) on behalf of Tenant. In I shall reimburse Landlord for all costs incurred in performing such maintenance or repair immediatc
e.T , ’ undertake the responsibility for preventive maintenance of the
Section 6.05. Alterations, Additions, and Improvements.
(a) Tenant shall not make any alterations, additions, or improvements to the Property withou written consent, except for non-structural alterations which do not exceed Ten Thousand Dollars cumulatively over the Lease Term and which are not visible from the outside of any building of wh part. Landlord may require Tenant to provide demolition andlor lien and completion bonds in satisfactory to Landlord. Tenant shall promptly remove any alterations. additions, or improvemei violation of this Paragraph 6.05(a) upon Landlord’s written request. All alterations, additions. a shall be done in a gwd and workmanlike manner. in conformity with all applicable laws and reg contractor approved by Landlord. Upon completion of any such work, Tenant shall provide Landlc 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. Landlord at least twenty (20) days’ prior written notice of the commencement of any work on the P of whether Landlord’s consent to such work is required. Landlord may elect to record an non-responsibility on the Property.
Property to Landlord, broom clean and in the same condition as received except for ordinary ws
Tenant was not otherwise obligated to remedy under any provision of this Lease. However, T
obligated to repair any damage which Landlord is required to repair under Article Seven (Damage
addition, Landlord may require Tenant to remove any alterations, additions or improvements (w with Landlord’s consent) prior to the expiration of the Lease and to restore the Property to its pri Tenant’s expense. All alterations, additions and improvements which Landlord has not requirec
shall become Landlord’s property and shall be surrendered to Landlord upon the expiration or ea
material damage to the Property. Tenant shall repair, at Tenant’s expense, any damage to the Pro,
removal of any such machinery or equipment. In no event, however, shall Tenant remove ar materials or equipment (which shall be deemed Landlord’s property) without Landlord’s prior v power wiring or power panels; lighting or lighting fixtures: wall coverings; drapes, blind:
coverings; carpets or other floor coverings; heaters, air conditioners or any other heating 1
equipment; fencing or security gates: or other similar building operating equipment and decor;
ARTICLE SEVEN: DAMAGE OR DESTaUCLlON
Section 6.06. Condition upon Termination. Upon the termination of the Lease, Tenant
the Lease, except that Tenant may remove any of Tenant’s machinery or equipment which can b
Section 7.01. Partial Damage to Property.
(a) Tenant shall notify Landlord in writing immediately upon the occurrence of any damag the Property is only partially damaged (Le.. less than fifty percent (50%) of the Property is untenz
such damage or less than fifty percent (50%) of Tenant’s operations are materially impaired) received by LandIord from the insurance policies described in Paragraph 4.Wb) are suffic necessary repairs, this Lease shall remain in effect and Landlord shall repair the damage as possible. Landlord may elect (but is not required) to repair any damage to Tenant’s fixt
improvements.
@I 1988 of Southern the Society California of Industrial Chapter 8 Initial &
and Office Realtors? Inc. q (Multi-Tenant Gross Form)
.. 0 0
Section 6.04. Tenant’a Obligations.
(a) Except as provided in Article Seven (Damage or Destruction) and Article Eight (Condem -
shall keep all portions of the Property [including structural. nonstructural. interior, systems and equi order, condition and repair (including interior repainting and refinishing, as needed). If any portion or any system or equipment in the Property which Tenant is obligated to repair cannot be fully repa
Tenant shall promptly replace such portion of the Property or system or equipment in the Proped
whether the benefit of such replacement extends bcyond the Lease Term; but if the benefit or ust
replacement extends beyond the Lease Term [as such term may bo extended by exercise of any opti life of such replacement shall be prorated over the remaining portion of the Lease Term (as extend
shall be liable only for that portion of the cost which is applicable to the Lease Term [as extende maintain a preventive maintenance contract providing for the regular inspection and maintenance of air conditioning system by a licensed heating and air conditioning contractor. Landlord shall have written notice to Tenant, to undertake the responsibility for preventive maintenance of the I conditioning system at Tenant’s expense. In addition, Tenant shall. at Tenant’s expense, repair an roof, foundation or structural portions of walls caused by Tenant’s acts or omissions. It is the inten
and Tenant that, at all times during the Lease Term, Tenant shall maintain the Property in an attn
and fully operative condition.
(b) Tenant shall fulfill all of Tenant’s obligations under this Section 6.04 at Tenant’s sole ex fails to maintain, repah or replace the Property as required by this Section 6.04, hdhd may, up1
prior notice to Tenant (except that no notice shall be required in the case of an emergency), enter I
perform such maintenance or repair (including replacement. as needed) on behalf of Tenant. In si
shall reimburse Landlord for all costs incurred in performing such maintenance or repair immediate1
Section 6.05. Alterations, Additions, and Improvements.
(a) Tenant shall not make any alterations, additions, or improvements to the Property without written consent, except for non-structural alterations which do not exceed Ten Thousand Dollars cumulatively over the Lease Term and which am not visible from the outside of any building of whil part. Landlord may require Tenant to provide demolition andlor lien and completion bonds in 1
satisfactory to Landlord. Tenant shall promptly remove any alterations, additions, or improvemer
violation of this Paragraph 6.05(a) upon Landlord’s written request. All alterations, additions, ai
shall be done in a good and workmanlike manner, in conformity with all applicable laws and reg1 contractor approved by Landlord. Upon completion of any such work, Tenant shall provide Landlo
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.
Landlord at least twenty (20) days’ prior written notice of the commencement of any work on the Pr
of whether Landlord’s consent to such work is required. Landlord may elect to record anc
non-responsibility on the Property.
Section 6.06. Condition upon Termination. Upon the termination of the Lease, Tenant s’
Property to Landlord, bmom clean and in the same condition as received except for ordinary wei
Tenant was not otherwise obligated to remedy under any provision of this Lease. However, Te
obligated to repair any damage which Landlordl is required to repair under Article Seven (Damage I addition, Landlord may require Tenant to remove any alterations, additions or improvements (wh with Landlord’s consent) prior to the expiration of the Lease and to restore the Property to its pric
shall become Landlord’s property and shall be surrendered to Landlord upon the expiration or ear
the Lease, except that Tenant may remove any of Tenant’s machinery or equipment which can be material damage to the Property. Tenant shall repair, at Tenant’s expense, any damage to the Prop
removal of any such machinery or equipment. In no event, however, shall Tenant remove an)
materials or equipment (which shall be deemed Landlord’s property) without Landlord’s prior wr
power wiring or power panels: lighting or lighting fixtures; wall coverings: drapes, blinds coverings; carpets or other floor coverings: heaters, air conditioners or any other heating o equipment: fencing or security gates: or other similar building operating equipment and decoral
ARTICLE SEVEN: DAMAGE OR DEsTRUcIlON
Tenant’s expense. All alterations, additions and improvements which Landlord has not required
Section 7.01. Partial Damage to Property.
(a) Tenant shall notie Landlord in writing immediately upon the occurrence of any damagi
the Property is only partially damaged (Le., less than fifty percent (50%] of the Property is untena
such damage or less than fifty percent (50%) of Tenant’s operations am materially impaired) a
received by Landlord from the insurance policies described in Paragraph 4.W(b) are suffici necessary repairs, this Lease shall remain in effect and Landlord shall repair the damage as possible. Landlord may elect (but is not required) to repair any damage to Tenant’s fixtu improvements.
@ 1988 Southern California Chapter a Initlah of the Society of Industrial and Office Realton? Inc. q (Multi-Tenant Grass Form)
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(b) If the insurance proceeds received by Landlord are not sufficient to pay the entire cost of cause of the damage is not covered by the insurance policies which Landlord maintains under P; Landlord may elect either to (i) repair the damage as soon as reasonably possible, in which case
remain in full force and effect, or (ii) terminate this Lease as of tha date the damage occurred. Land
Tenant within thirty (30) days after receipt of notice of the occurrence of the damage whether k repair the damage or terminate the Lease. If Landlord elects to repair the damage, Tenant shall F
“deductible amount” [if any] under Landlord’s insurance policies and, if the damage was due to an a Tenant, or Tenant’s employees, agents, contractors or invitees. the difference between the actual c
any insurance proceeds received by Landlord. If Landlord elects to terminate this Lease, Ten continue this Lease in full force and effect, in which case Tenant shall repair any damage to the building in which the Property is located. Tenant shall pny the cost of such repairs, except that completion of such repairs, Landlord shall deliver to Tenant any insurance proceeds received by
damage repaired by Tenant. Tenant shall give Landlord written notice of such election within tt
receiving Landlord‘s termination notice.
(c) If the damage to the Property occurs during the last six [6) manths of the Lease Term and require more than thirty (30) days to repair, either Landlord or Tenant may elect to terminate this L
the damage occurred, regardless of the sufficiency of any insurance proceeds. The party electing Lease shall give written notification to the other party of such election within thirty (30) days after Landlord of the occurrence of the damage.
Section 7.02. Substantial or Total Destruction. If the Property is substantially or totall] cause whatsoever (Le., the damage to the Property is greater than partial damage as described in
regardless of whether Landlord receives any insurance proceeds, this Lease shall terminate i destruction occurred. Notwithstanding the preceding sentence, if the Property can be rebuilt wit after the date of destruction, Landlord may elect to rebuild the Property at Landlord’s own expe
this Lease shall remain in full force and effect. Landlord shall notify Tenant of such election wit1
after Tenant’s notice of the occurrence of total or substantial destruction. If Landlord sa elects, Lan
the Property at Landlord’s sole expense, except that if the destruction was caused by an act or o Tenant shall pay Landlord the difference between the actual cost of rebuilding and any insurancr
by Landlord.
Section 7.03. Temporary Reduction of Rent. If the Property is destroyed or damage Tenant repairs or restores the Property pursuant to the provisions of this Article Seven, any rent period of such damage, repair andor restoration shall be reduced according to the degree, if any
use of the Property is impaired. However, the reduction shall not exceed the sum of one year’s pa
insurance premiums and real property taxes. Except for such possible reduction in Base Rent, ii and real property taxes, Tenant shall not be entitled to any compensation, reduction, or rg
Section 7.04. Waiver. Tenant waives the protection of any statute. code or judicial deci tenant the right to terminate a lease in the event of the substantial or total destruction of the lea:
agrees that the provisions of Section 7.02 above shall govern the rights and obligations of Landlo
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 un
power (all of which are called “Condemnation”). this Lease shall terminate as to the part taken 01 condemning authority takes title or possession. whichever occurs first. If more than twenty perct
area of the building in which the Property is located, or which is located on the Property, is take Tenant may terminate this Lease as of the date the condemning authority takes title or poss written notice to the other within ten (10) days after receipt of written notice of such taking (or i
notice, within ten (10) days after the condemning authority takes title or possession). If neither
terminates this Lease, this Lease shall remain in effect as to the portion of the Property not taken
Rent and Additional Rent shall be reduced in proportion to the reduction in the floor area
Condemnation award or payment shall be distributed in the following order: (a) first, to any grol or beneficiary under a deed of trust encumbering the Property, the amount of its interest in the
to Tenant, only the amount of any award specifically designated for loss of or damage to Ten
removable personal property; and (c) third, to Landlord, the remainder of such award, whethe reduction in the value of the leasehold, the taking of the fee. or otherwise. If this Lease is not shall repair any damage to the Property caused by the Condemnation. except that Landlord shi repair any damage for which Tenant has been reimbursed by the condemning authority. If t
be or make such repair at Landlord‘s expense.
*
Landlord 85 a result at any damage. destruction, repair, or restoration of or to the Property.
.
received by Landlord are not sufficient to pay for such repair. Landlord shall have the right t
@ 1988 Southern of the Society California of Industrial Chapter 9 Initials 4
and Office Realtors? Inc. % (Multi-Tenant Gross Form)
0 ,.
L ARTICLE “E: ASSIGNMENT AND SUBLETIWG
Section 9-01. Landlord’s consent Requid. No portion of the Property or of Tenant’s interest ir may be acquired by any other person or entity, whether by sale, assignment, mortgage, sublease, transfei
of law, or act of Tenant. without Landlord’s prior written consent, except as provided in Section Landlord has &be right to grant or withhold its consent as provided in Section 9.05 below. Any attemF
without consent shall be void and shall constitute a nonarable breach of this Lease. If Tenant is a parb cumulative transfer of more than twenty percent (20”/0) of the partnership interests shall require Landlor
IfTenant is a corporation, any change in the ownership of a controlling interest of the voting stock of the shall require Landlord’s consent.
Section 9.02. Tenant Affiliate. Tenant may assign this Lease or sublease the Property, WithoU
consent. to any corporation which controls, is controlled by or is under common control with Tena
corporation resulting from the merger of or consolidation with Tenant C‘Tenant’s Affiliate”). In su 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 wit Landlord’s consent, shall release Tenant or change Tenant’s primary liability to pay the rent and to perf obligations of Tenant under this Lease. Landlord’s acceptance of rent from any other person is not a \ provision of this Article Nine. Consent to one transfer is not a consent to any Qubsequent transfe’
transferee defaults under this Lease, Landlord may proceed directly against Tenant without purst
against the transferee. Landlord may consent to subsequent assignments or modifications of this Leas
transferee, without notifying Tenant or obtaining its consent. Such action shall not relieve Tenant’s I this Lease.
Section 9.04. Offer to Terminate. If Tenant desires to assign the Lease or sublease the Prc shall have the right to offer, in writing, to terminate the Lease as of a date specified in the offer. If Lani
writing to accept the offer to terminate within twenty (20) days after notice of the offer, the Lease shall t
the date specified and all the terms and provisions of the Lease governing termination shall apply. If
not so elect, the Lease shall continue in effect until otherwise terminated and the provisions of Sec respect to any proposed transfer shall continue to flpply,
Section 9.05. Landlord‘s Consent.
(a) Tenant‘s request for consent to any transfer described in Section 9.01 shall set forth in writin the proposed transfer, including the name, business and financial condition of the prospective trans
details of the proposed transfer (e.g., the term of and the rent and security deposit payable undei assignment or sublease). and any other information Landlord deems relevant. Landlord shall ha withhold consent, if reasonable, or to grant consent, based on the following factors: (i) the business i assignee or subtenant and the proposed use of the Property; (ii) the net worth and financial re proposed assignee or subtenant; (iii) Tenant’s compliance with all of its obligations under the Leas other facton as Landlord may reasonably deem relevant. If Landlord objects to a proposed assignmen of the net worth andlor financial reputation of the proposed assignee, Tenant may nonetheless su
assign), all or a portion of the Property to the proposed transferee, but only on the other terms c 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 (I
1.14) of the Profit (defined below) on such transaction as and when received by Tenant, unless
written notice to Tenant and the assignee or subtenant that Landlord’s Share shall be paid by subtenant to Landlord directly. The “Profit” means (A) all amounts paid to Tenant for sucl
sublease, including “key” money, monthly rent in excess of the monthly rent payable under t
fees and other consideration paid for the assignment or sublease, including fees under any colla
less (B) costs and expenses directly incurred by Tenant in connection with the execution ani such assignment or sublease for real estate broker’s commissions and costs of renovation o tenant improvements required under such assignment or sublease. Tenant is entitled to recovc
expenses before Tenant is obligated to pay the Landlord’s Share to Landlord. The Profit in the I
of less than all the Property is the rent allocable to the subleased space as a percentage on a squz
(ii) Tenant shall provide Landlord a written statement certifying all amounts to b assignment or sublease of the Property within thirty (30) days after the transaction documentat
Landlord may inspect Tenant’s books and records to verify the accuracy of such statement. 0
Tenant shall promptly furnish to Landlord copies of all the transaction documentation. all
certified by Tenant to be complete, true and correct, Landlord’s receipt of Landlord’s Share sha to any further assignment or subletting. The breach of Tenant’s obligation under this Paragrap1
material default of the Lease.
Section 9.06. No Merger. No merger shall result from Tenant’s sublease of the Property
Nine, Tenant’s surrender of this Lease or the termination of this hse in any other manner. I Landlord may terminate any or at1 subtenancies or succeed to the interest of Tenant as sublandlo subtenancies. & @ 1988 Southern Califomla Chapter 10 Initials
of the Society of IndusMal 9 and Office Realtors? Inc. wulti-Tenant Gross Form)
e 0
ARTICLE TEN: DEFAULTS REMEDIES
Section 10.01. Covenants and Conditions. Tenant’s performance of each of Tenant’s oblip
upon such performance. Time is of the essence in the performance of all covenants and conditio 7- Lease is a condition as well as a covenant. Tenant’s right to continue in possession of the PropeI
Section 10.02. DefauIb. 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 CE
(b) If Tenant fails to pay rent or any other charge when due:
[c) g Tenant fails to pertarm any of Tenant’s nan-monetary obligations under this Lease for (30) days after written notice from Landlord: provided that if more than thirty (30) days are requirec
performance, Tenant shall not be in default if Tenant commences such performance within the thid
and thereafter diligently pursues its completion. However, Landlord shall not be required to g
Tenant’s failure to perform constitutes a non-curable breach of this Lease. The notice required by
intended to satisfy any and all notice requirements imposed by law on Landlord and is not in ad1 requirement.
(dl (i] If Tenant makes a general assignment or general arrangement for the benefit of credit(
for adjudication of banhptcy or for reorganization or reanangernent is filed by or against
dismissed within thirty (30) days; (iii) if a trustee or receiver is appointed to take possession of Tenant’s assets located at the Property or of Tenant’s interest in this Lease and possession is not
within thirty (30) days; or (iv) if substantially all of Tenant’s assets located at the Property or of ‘
this Lease is subjected to attachment, execution or other judicial seizure which is not discharge(
days. If a court of competent jurisdiction determines that any of the acts described in this subpar
default under this Lease, and a trustee is appointed to take possession (or if Tenant remains a de
and such trustee or Tenant transfers Tenant’s interest hereunder, then Landlord shall receive, as P excess, if any, of the rent (or any other consideration) paid in connection with such assignment c
rent payable by Tenant under this Lease.
(e) If any guarantor of the Lease revokes or otherwise terminates, or purports to revoke or o any guaranty of all or any portion of Tenant’s obligations under the Lease. Unless otherwise exp
guaranty of the Lease is revocable.
Seetion 10.03. Remedies. On the occurrence of any material default by Tenant, Landlor thereafter, with or without notice or demand and without limiting Landlord in the exercise of B which Landlord may have:
[a) Terminate Tenant’s right to possession of the Property by any lawful means, in which c terminate and Tenant shall immediately surrender possession of the Property to Landlord. In si
shall be entitled to recover from Tenant all damages incurred by Landlord by reason of Tenant’s (
the worth at the time of the award of the unpaid Base Rent, Additional Rent and other charges 1 earned at the time of the termination; (ii) the worth at the time of the award of the amount by wh
Rent, Additional Rent and other charges which Landlord would have earned after termination 1
award exceeds the amount of such rental loss that Tenant proves Landlord could have reasonai
worth at the time of the award of the amount by which the unpaid Base Rent, Additional Rer
which Tenant would have paid for the balance of the Lease term after the time of award exceed:
rental loss that Tenant proves Landlord could have reasonably avoided; and (iv) any other a compensate Landlord for all the detriment proximately caused by Tenant’s failure to perform i the Lease or which in the ordinary course of things would be likely to result therefrom, includin
any costs or expenses Landlord incurs in maintaining or preserving the Property after such
recovering possession of the Property, expenses of reletting, including necessary renovation Property, Landlord’s reasonable attorneys’ fees incurred in connection therewith, and any rea
paid or payable. As used in subparts (i) and (ii) above, the “worth at the time of the award” is cc
interest on unpaid amounts at the rate of fifteen percent (15%) per annum, or such lesser amour maximum lawful rate. As used in subpart (iii) above, the “worth at the time of the awa
discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at tk plus one percent (1%). If Tenant has abandoned the Property, Landlord shall have the 01
possession of the Property and recovering from Tenant the amount specified in this Paragi pmceeding under Paragraph 10.03(b):
(b) Maintain Tenant’s right to possession, in which case this Lease shall continue in I Tenant has abandoned the Property. In such event, Landlord shall be entitled to enforce all of
remedies under this Lease, including the right to recover the rent as it becomes due;
Pursue any other remedy now or hereafter available to Landlord under the laws or juc
state in which the Property is located.
insurance described in Section 4.04;
(c)
@ 1988 Southern of the Society California of Industrial Chapter g 11
(Multi-Tenant Gross Form)
Initial 4
and Office Realtors? Inc.
I
0 0 -*
Section 10.04. Repayment of “Free” Rent. If this Lease provides for a postponement of any i
Rent”. Tenant shall be credited wlth having paid all of the Abated Rent on the expiration of the Leas
Tenant has fully. faithfully, and punctually performed all of Tenant‘s obligations hereunder. includin
Of alf rent [other than the Abated Rent) and all other monetary obligations and the surrender of the I
physical condition required by this Lease. Tenant acknowledges that its right to receive credit for the absolutely conditioned upon Tenant’s full, Faithful and punctual performance of its obligations und
Tenant defaults and does not cure within any applicable grace period, the Abated Rent shall imme due and payable in full and this Lease shall be enforced as if there were no such rent abdemer concession. In such case Abated Rent shall be calculated based on the full initial rent payable und
Section 10.05. Automatic Termination. Notwithstanding any other term or provision hereof
the Lease shall terminate on the occurrence of any act which affirms the Landlord’s intention to tern
as provided in Section 10.03 hereof, including the filing of an unlawful detainer action against T termination, Landlord’s damages for default shall include all costs and fees, including reasonable att Landlord incurs in connection with the filing, commencement, pursuing andlor defending of an
bankruptcy court or other court with respect to the Lease; the obtaining of relief from any sta)
restraining any action to evict Tenant; or the pursuing of any action with respect to Landlord’s right
the Property. All such damages suffered (apart from Base Rent and other rent payable hereunder] pecuniary damages which must be reimbursed to Landlord prior to assumption of the Lease bl successor to Tenant in any bankruptcy or other proceeding.
Section 10.06. Cumulative Remedies. Landlord’s exercise of any right or remedy shall no
payments, a period of “free” rent or other rent concession, such postponed rent or “free” rent is calif
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 a deed of trust or mortgage encumbering the Property, any advances made on the security thereof a modifications, consolidations, replacements or extensions thereof, whenever made or record
cooperate with Landlord and any lender which is acquiring a security interest in the Property or ’ shall execute such further documents and assurances as such lender may require, provided that Te under this Lease shall not be increased in any material way (the performance of ministerial acts shr material). and Tenant shall not be deprived of its rights under this Lease. Tenant’s right to quiet
Property during the Lease Term shall not be disturbed if Tenant pays the rent and perform
obligations under this Lease and is not otherwise in default. If any ground lessor, beneficiary or m
have this Lease prior to the lien of its ground lease. deed of trust or mortgage and gives written Tenant, this Lease shall be deemed prior to such ground lease, deed of trust or mortgage whether t prior or subsequent to the date of said ground lease, deed of trust or mortgage or the date of rec
Section 11.02. Attornment. If Landlord’s interest in the Property is acquired by any gi
eficiary under a deed of trust. mortgagee, or purchaser at a foreclosure sale, Tenant shall attorn to i
successor to Landlord’s interest in the Property and recognize such transferee or successor as La
Lease. Tenant waives the protection of any statute or rule of law which gives or purports to give 7
terminate this Lease or surrender possession of the Property upon the transfer of Landlord‘s inte
Section 11.03. Signing of Documents. Tenant shall sign and deliver any instrument or do or appropriate to evidence any such attornment or subordination or agreement to do so. If Ter
within ten (10) days after written request, Tenant hereby makes, constitutes and irrevocably app
any transferee or successor of Landlord, the attorney-in-fact of Tenant to execute and deliver any :
document.
Section 11.04. Estoppel Certificates.
(a) Upon Landlord’s written request, Tenant shall execute. acknowledge and deliver to statement certifying: (i) that none of the terms or provisions of this Lease have been changed (a changed, stating how they have been changed): (ii) that this base has not been cancelled or tern date of payment of the Base Rent and other charges and the time period covered by such paymen is not in default under this Lease (or, if Landlord is claimed to be in default, stating why):
representations or information with respect to Tenant or the Lease as Landlord may reasonably n
prospective purchaser or encumbrancer of the Property may require. Tenant shall deliver such ste within ten (10) days after Landlord’s request. Landlord may give any such statement by Tenan
purchaser or encumbrancer of the Property. Such purchaser or encumbrancer may rely conc
statement as true and correct.
(b] If Tenant does not deliver such statement to Landlord &thin such ten (10) -day perioc
prospective purchaser or encumbrancer, may conclusively presume and rely upon the followi terms and provisions of this Lease have not been changed except as otherwise represented by Li
Lease has not been cancelled or terminated except as otherwise represented by Landlord; (iii) th month’s Base Rent or other charges have been paid in advance: and (iv) that Landlord is not
Lease. In such event, Tenant shall be estopped from denying the truth of such facts.
12 Inltlal & 0 1988 Southern California Chapter of the Sodety of Industrial 9 and Office Realton? Inc. (Multi-Tenant Gross Form)
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Section 11.05. Tenant’s Fhm1~5al Condition. Within ten (IO) days after written request
Tenant shall deliver to Landlord such financial statements as Landlord reasonably requires to verify
Tenant or any assignee, subtenant. or guarantor of Tenant. In addition, Tenant shall deliver to any If by Landlord any financial statements required by such lender to facilitate the financing or ref
Property. Tenant represents and warrants to Landlord that each such financial statement is a t~ statement as of the date of such statement. All financial statements shall be confidential and shall
the purposes set forth in this Lease.
ARTICLE TWELVE: LEGU COSTS
Legal keedhgs. If Tenant or Landlord shall be in breach or default undei party [the “Defaulting Party“) shall reimburse the other pm (the “Nondefaulting Party“) upon dem
or expenses that the Nondefaulting Party incurs in connection with any breach or default of the under this Lease, whether or not suit is commenced or judgment entered. Such costs shall inch costs incurred for the negotiation of a settlement, enforcement of rights or otherwise. Furthermore,
breach of or to enforce the provisions of this Leaw is commenced, the court in such action shall awa
whose favor a judgment is entered, a reasonable sum as attorneys’ fees and costs. The losing par
shall pay such attorneys’ fees and costs. Tenant shall also indemnify Landlord against and hold L
claim or action (a) instituted by Tenant against any third party, or by any third party against Tenan
any person holding any interest under or using the Property by license of or agreement wit1
foreclosure of any lien for labor or material furnished to or for Tenant or such other person; [c) othc of or resulting from any act or transaction of Tenant or such other person; or [d) necessary to F interest under this Lease in a bankruptcy proceeding. or other proceeding under Title 11 of the UI
as amended. Tenant shall defend Landlord against any such claim or action at Tenant’s expe reasonably acceptable to Landlord or, at Landlord’s election, Tenant shall reimburse Landlord for
costs Landlord incurs in any such claim or action.
Section 12.02. Landlord’s Consent. Tenant shall pay Landlord’s reasonable attorneys’
connection with Tenant’s request for Landlord’s consent under Article Nine (Assignment and
connection with any other act which Tenant proposes to do and which requires Landlord’s cons1
I,
Section 12.01
from all costs, expenses, demands and liability Landlord may incur if Landlord becomes or is ma
ARTICLE THIRTEEN: MISCELIANEOUS PROVISIONS
Section 13.01. Nom-Discrimination. Tenant promises. and it is a condition to the continur
that there will be no discrimination against, or segregation of, any person or group of persons on
color, sex, creed, national origin or ancestry in the leasing, subleasing, transferring, occupancy, te Property or any portion thereof.
Section 13.02. Landlord‘s LiabilitJr; Certain Duties.
(a) As used in this Lease. the term “Landlord“ means only the current owner or owners of Property or Project or the leasehold estate under a ground lease of the Property or Project at thf Each Landlord is obligated to perform the obligations of Landlord under this Lease only dur Landlord owns such interest or title. Any Landlord who transfers its title or interest is relieved ( respect to the obligations of Landlord under this Lease to be performed on or after the date of trans Landlord shall deliver to its transferee all funds that Tenant previously paid if such funds have nc
under the terms of this Lease.
(b) Tenant shall give written notice of any failure by Landlord to perform any of its obligatio1 to Landlord and to any ground lessor, mortgagee or beneficiary under any deed of trust encumt
whose name and address have been furnished to Tenant in writing. Landlord shall not be in defau
unless Landlord (or such ground lessor, mortgagee or beneficiary) fails to cure such non-perforn
(30) days after receipt of Tenant’s notice. However, if such non-performance reasonably requires m
days to cure, Landlord shall not be in default if such cure is commenced within such thirty (3
thereafter diligently pursued to completion.
(c) Notwithstanding any term or provision herein to the contrary, the liability of Landlord f
neither the Landlord nor its partners, shareholders, officers or other principals shall have any pers
this Lease.
Section 13.03. Severability. A determination by a court of competent jurisdiction that 81 Lease or any part thereof is illegal or unenforceable shall not cancel or invalidate the remainder c 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
reading this Lease and am not a part of the terms or provisions of this Lease. Whenever required b Lease, the singular shall include the plural and the plural shall include the singular. The mascl
neuter genders shall each include the other. In any provision relating to the conduct, acts or omis term “Tenant” shall include Tenant’s agents, employees, contractors, invitees, successors c Property with Tenant’s expressed or implied permission.
of its duties and obligations under this Lease is limited to Landlord’s interest in the Property a
& @ 1988 Southern California Chapter 13 Initial
of the Society of IndusMal and Office Realtors? Inc. % (Multi-Tenant Gross Form)
0 e .. -1
t Section 13.05. Incarporation of Prior Agreements Modifications. This Lease is the I between the parties pertaining to the lease of the Property and no other agreemente am effective. All this Lease shall be in writing and signed by all parties. Any other attempted amendment shall be 3
Section 13.06. Nda?~. All notices required or permitted under this Lease shall be in miti
personally delivered or sent by certified mail. return receipt requested. postage prepaid. Notices to delivered to the address specified in Section 1.03 above, except that upon Tenant's taking possession he Ropefly shall be Tenant's address for notice purposes. Notices to Landlord shall be deliverel
sp=ified in Section 1.02 above. All notices shall be effective upon delivery. Either party may c address upon written notice to the other party.
Section 13.07. Waivers. All waivers must be in writing and signed by the waiving party. Lai enforce any provision of this Lease or its acceptance of rent shall not be a waiver and shall not preve enforcing that provision or any other provision of this Lease in the future. No statement on a pay Tenant or in a letter accompanying a payment check shall be binding on Landlord. Landlord may
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 writ) Landlord. However, either Landlord or Tenant may require that a "Short Form" memorandum of tl
by both parties be recorded. The party requiring such recording shall pay all transfer taxes and
Section 13.09. Binding Effect; Choice of Law. This Lease binds any party who legally acq interest in this Lease from Landlord or Tenant. However, Landlord shall have no obligation to - unless the rights or interests of Tenant's successor are acquired in accordance with the terms of th of the state in which the Property is located shall govern this Lease.
, Section 13.10. Corporate Authority: Partnership Authority. If Tenant is a corpor
signing this Lease on behalf of Tenant represents and warrants that he has full authority to do so
binds the corporation. Within thirty (30) days after this Lease is signed, Tenant shall deliver to I
copy of a resolution of Tenant's Board of Directors authorizing the execution of this Lease or 0th
authority reasonably acceptable to Landlord. If Tenant is a partnership, each person or entity si6
Tenant represents and warrants that he or it is a general partner of the partnership, that he or it I
sign for the partnership and that this Lease binds the partnership and all general partners of the shall give written notice to Landlord of any general partner's withdrawal or addition. Within t
this ~aasa is signed. Tenant shall deliver to Landlord a copy of Tenant's recorded statemel certificate of limited partnership.
Section 13.11. Joint and Several Liability. All parties signing this Lease as Tenant
severally liable for all obligations of Tenant.
Section 13.12. Fo- Majeure. If Landlord cannot perform any of its obligations di
Landlord's control, the time provided for performing such obligations shall be extended by a pe the duration of such events. Events beyond Landlord's control include, but are not limited to. a commotion. labor disputes, strikes, fire, flood or other casualty, shortages of labor or material, gc
or restriction and weather conditions.
Section 13.13. hecution of Lease. This Lease may be executed in counterparts and.
documents are executed, the counterparts shall constitute a single binding instrument. Land1
Lease to Tenant shall not be deemed to be an offer to lease and shall not be binding upon eithe
and delivered by both parti9s.
Section 13.14. Survival. All representations and warranties of Landlord and Ten1
termination of this he.
Section 14.01. Broker's Fee. When this Laase is signed by and delivered to both
Landlord shall pay a real estate commission to Landlord's Broker named in Section 1.08 above
the written agreement between Landlord and Landlords Broker, or the sum stated in Section
ission to Tenant's Brok
Nothing contained in this I
y party other than Landlord's Broh
@ 1988 Southern California Chapter of the Society of Industrial and Office Realtom? Inc.
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SECTION 15: This Rental Schedule is attached to and made par
that certain real estate Lease (the "Lease") dated, SEPTEMBEF
1995, between PALOMAR #46 as Landlord, and CITY OF CARLSBAD
Tenant, covering property commonly known as 2075 CORTE DEL NC
SUITE Q, CARLSBAD, CA. 92009. The terms used in this Section I
have the same definitions as set forth in the Lease.
RENTAL SCHEDULE
TOTAL RENT DATE BASE RENT
11/01/95-10/31/96 31154.00 S1154.00
91236.00 91236 .OO 11/01/96-10/31/97
11/01/97-10/31/98 3131Q. 00 9131Q.00
Per City of Carlsbad, All leases are net utilities and janitorial.
Initial & -
,
0 e -1
.- Scclinn 14.03. : ..
0 Landlord exclusively; or
0 both Landlord and Tenant.
ADDITIONAL PROVISIONS MAY DO SEX FORTI4 IN A RIDER OR RIDERS ATTACHED HE-
ULANK SPACE DRLOW. IF NO ADDITlONAL PROWSONS ARE INSERTED. PLEASE DRAW A LMET)
SPACE DELOW.
landlord and Tonnnt have signed lhis Lenso al the plece and on the dntcs specified adjacent to balow md have iniljajled all Riders which arc attached to or incorporotcd by relerence in this Loa
"LANDLORD"
signed on ,19- PAKMiU? # 46
,t -.
BPmiam H. mir
lu: Executive Vice President
By:
Itr:
'TENAM"
Signed on , 19-
at
lh -Mavor
--. By:
It%
PI ANY REAL ESTATE TRANSACITON. IT IS RECOMMENDED TIM7 YOU CONSU
SIONAL, SUCH AS A CIVIL ENGINEER. INDUSTRIAL HYGIENIST OR OI3-1ER PERSON V
I4AZARDOUS MATBKIALS AND UNDERCROUM) STORAGE TANKS.
EVALUATPJC TtiE CONDITION OF THE PROPERTY. INCLUDING TIIE rossrmx PRESI
THIS PRINTED FORM LEASE HAS BEN DRAFED BY LEGAL COUNSEL AT TI41
REPRESWATION OK RECOMMENDATION IS MADE BY THE SOUTl.IIiHII( CALIPORh
SOClFTY OF INDUSTRIAL AND OFFICE REALTORS," INC.. ITS LEGAL COUNSEL, THE R NAMED HEREIN. OR TIiEIR EMPLOYEES OR AGENTS. AS TO TllE LEGAL SUPPICIENI
TAX CONSEQUENCES OF THIS LEASE OR OF THIS TRANSACX'ION. LANDLORD A RFIAtN LEGAL COUNSEL TO ADVISE THEM ON SUCH MATERS AND SHOULD WLY
SUCH LEGAL COUNSEL.
8 1- Southern cllilanir ch.p!sr 1s IniUJ
SOUTI-IERN CALIFORNIA CHAPTER 01: TIIE SOCIETY OF INDUSTKIAL AND omcE
4 - ol tho Sacidy ot lndurtrid 9 and Office Rmltm? !ne - (MultCTenrnt (;ma Pam)
..
0 0
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STANDARD LEASE ATTACHMENT
FOR
REPAIRS AND/REPLACEMENT
This Lease Attachment refers to that certain Lease dated SEp: 1995 by and between PA;= #46
as Landlord and mw CIF mn
as Tenant for the premises known as 2075 a= DEL m, mite mm, CA 92009
The following paragraphs are hereby incorporated ~nta
aforementioned lease and made a part thereof:
PARAGRAPH t 168 OUTSIDE STORAGE. Lessee hereby
permission to Lessor to tow away and store. at Lessee's ex
all automobiles or motor vehicles belonging to Lessee c
6 employees or customers, which remain in the common parkingcar
more than 40 consecutive hours. No automobiles or motor ve
shall be parked and left unattended in any part of the comma
or service yard not striped or designated for parking. , shall not store in the parking, service or common arc
materials, supplies, equipment or machinery outside the pre
whether in the open or in tanka, bin or other container dr
and shall not otherwise obntruct parking, service or
areas.
PARAGRAPH t 17. REPAIRS AND/OR REPLACEMENT. Lessee sh,
its sale cost, keep and maintain the Leased Premis,
appurtenances and every part thereof (excepting wall anc
or Lessee's agents or invitees), including but not limi
windowu and skylights. doors and store front, floors, car
ceilings, interior walls and interior surfaces of exterio
of the Leased premises, in good and sanitary order, con
repair or replacement. Lessee shall, at its sole cost. k
maintain all utilities, fixtures, hot water heater s and mec equipment used by Lessee in good order, condition and rep
shall repair or replace any asphalt paving damaged by L
agents or inviteea.
which Landlord agrees to repair unless damage is caused by
PARAGRAPH t ia GLASS. Lessor shall replace, at the
of the Lessee, any and all plate and other glass damaged 01
from any cause whatsoever in and about the leased prem:
Lessee may, at its option, replace such glass at its
provided Lessee receives approval from Lessor to perfc
repair.
LESSOR: p- 146
BY William H. Adair,
Executive Vice President
e 0 -.
-I cITiOFcAI7LsBAD VI
WIT MDRESSt
.-
2075 UXTJ3 DEL NOGAG, SUEX Q cART.IsBAD, CA 92009
QUALITY AND/OR SIZE
HEIGHT, LMGTII, Fpc.
ITM:
X STANDARD IMPROVEMENTS ONLY.
STANDARD IMPROVEMENTS PLUS TIiOSE SHOWN BELOW.
PARTITIONS :
CEILINGS:
-R COVERING:
PLUMBING:
LIGHTS t
SWITCHES:
WALL ELEC. OVPLISTS:
PHONE OOTLETS:
A/C OR VENT FAU:
A& HOOK-UP:
WATER HEATER:
PAINTING :
OTHER;
UNLESS QLllERWISE STATED, TliE IMPROVEXENTS LISTED MOVE WILL DE FINAL.
ANY ADDITIONS WILL BE PAID FOR BY TENANT.
EXIIIBIT" "
IuF.f20~S
-94
Initials-
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RULES AND REGULATIONS
(SUPPLEMENTAL TO LEASE PROVISIONS)
PAILMAR #46
1. No sign, placecard, picture, advertisement, name or r! shall be inscribed, displayed, printed or affixed on or to an:
of the outside or inside of Building without the written CC
of Landlord first. Landlord shall have the right to remot. such sign, placecard, picture, advertisement, name or I
without notice to and at the expense of Tenant.
All approved signs or lettering on doors shall be printed, pa
affixed 01- inscribed at the expense of Terlant by a person ap
of by Landlord. Tenant shall not place anything or allow an to be placed near the glass of any window, door, partition c
which may appear unsightly from outside the Premises as dete
by Landlord. Landlord, however, may require a Standard Bu
windou covering at all exterior windows. Tenant shall not w
prior written consent of Landlord cause or otherwise sunscrc
windou.
2. The sidewalks, exits, entrances, truck doors, man doc
front doors shall not be obstructed by any of the Tenants, I
by them for any purpose other than for entrances and ex11 their respective Premises. All loading and unloading st
restricted to designatrd areas only.
3. Tenant shall not alter any lock or install any
additional locks or any bolts on any doors or windows
Premises without prior written consent from the Landlord.
4. The toilet rooms, urinals, wash bowls and other a~
shall not be used for any purpose other than that for whi
were constructed and no foreign substance of any kind whz shall be thrown therein and the expense of any breakage, c
or damage resulting from the violation of this rule shall t
by the Tenant who, or whose employees or invitee shall hava
it.
5. Tenant shall not in any way deface the Premises or ,
thereof.
6. Tenant shall not use, keep or permit to be used or k
foul or noxious gas or substance in the Premises, or p
suffer the Premises to be occupied or used in a manner o
or objectionable to the Landlord or other occupants of the
by reason of noise, odors, and/or vibrations. or interfer
way with other Lessees or those having business therein, T:
any animals or birds be brought in or kept in or about the
or in the Building.
7. Lessee shall not use or keep in the Premisea o
Building any kerosene. gasoline or inflammable or combusti
or material, or use any method of heating or air condition
than that supplied by Landlord.
8. Landlord reserves the right to exclude or expel
Premises any person who, in the judgement of the La
in any manner do any act in violation of any of these
Regulations.
9. . No vending machines or newspaper distribution machi
description shall be installed, maintained or operated
premises without the written consent of the Landlord.
e-
.--
,
intoxicated or under the influence of liquor or druga, or
--
*. . RULES AND mnaS ( ktinued) 0
A.
10. Landlord shall have the. right, to exercise without 110t:i
without liability to Landlord to ch_ange the name and street b of the Building of which the Premider are a part.
11. Tenant shall not disturb, solicit, canvas any occupant
Building and shall ccroperate to prevent ume.
12. Without the written consent of Landlord, Tenant shall
the name of the building in connection with or in promor
advertising the business of Tenant except a5 Tenant's addr
13. All garbage and refuse shall be placed by Ten
containere.
14, No aerial or antenna shall be erected on the roof or e walls of the Leaard Premises, or on the grounda, without
instance, the written consent of Landlord first being ob
Any aerial or antenna so installed without such written
shall be subject to removal by Landlord at any time without
15. No loud speakers, televisions, phonographs, radios c
devises shall be used in a manner so as to be heard OR seen
of the leased Premises without the prior written con
Landlord.
16. The outside areas immediately adjoining the Leased shall be kept clean and free from dirt and rubbish by Te'
thu satisfaction of the Landlord, and Tenant shall not I
permit any obstruction or materials in such areas. No
storage shall be allowed including without limitation, the
of motor vehicl-s. trucka, boats. trailers. pallets. dl
equipment of ny kind cr nature, without the permission in
from Landlord.
17. Tenant shall use at Tenant's cost such pest exter
contractor as Landlord may direct and at such intervals as
may require.
18. Tenant shall not burn any trash or garbage of any ki
about the Leased Premises or the Project.
19. No residential uses, including, without limit
generality of the foregoing, residing, sleeping or coo
permitted on tho Premises or anywhere on the Project.
20. No animals of any type, including, without limi.
generality of tho foregoing. pets. guard dogs, exotic
reptiles or birds, are permitted on the Premises or anywhc Project.
' 21. Landlord reserved the right, by written notica to T
re8cind. alter, add or waive any rule or regulation at
preacriLEtd for the building when, in Landlord's judomi?! necessary, desirable or proper for the beat interas:
Building and its Tenants.
Page 2 of 2 Ini4
---- .--. ......... -_---._ _.-. . __. .... .. .............. .. * - ---- - ..... .- . ;.: .. ... !I! ....... .. ..... !: ..--.- .- . i : ........ .. . ,-*.- - _.-. - .. .. .._. - . ..- .. --. -. .-. -- -- . .-.-. . ----..-ihi ..
I --A
.-----.-,-. .--- QL-- -
.. d...... ... .:,: I
* .. hm~ cmmub~d -.. i i i
' 6- ._I . ....... ,..I__ .........
0 PALOMAR %46
rCI t -e P
SIGN CRITERIA I.
1. SIGN CRITERIA
Thim criteria establishes tho uniform policies for a Tenant sign indentificafion vithin tho PALOMAR AIRPO BUSINESS PARK. This critoria has been established t the purpooe of maintaining tho overall apprarance th6 Park. Conformancr uiAL bo rtrictly enforced. A sign installed that does not conform to the aign critari unless agraed upon by the Landlord, will be brought conformity at the expense of the Tenant.
A. General Requirements
1, A drawing of the size and shape of the appro sign ie attached. Lettering and installation ahall paid for by tho .Tenant.
design prior to the inatallation of the sign.
tenant oignr ana thm mathod of attachment to the building.
2. Landlord shall approve all copy and/or 1
3. Landlord ohall direct tho placement of
4. Tenant shall be re6pOnSible for th fulfill8 of all requirembnts of thi8 criteria.
E. General Specifications
1. The sign's dhnsions ohall be 12' high
2. Tenant mhall bo allowed one aign regard
3. All sign lottaring shall bo whito in cc
4. No electrical or audible mign's shall be allowe
5. Upon expiration of lease, tenant shall r( sign insert only.
6. Except am provided herein, no advert placards, banners, pennants, names, insignia, trademl
Of other deecriptive material shall be affixed or mint
upon any automated machfna. glaoa pano8 of the bUill landscaped ar088, street., or parking areas.
4 feet wide.
of size of occupancy.
No other Color mhall bo a maximum of 4' in height.
-ordl a Initial. &c.
(B)
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1
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TENANT INFORMATION
1. Your new mailing address is: PAIL)MAR #46
2075 CR!Z DEL NOGAC, SUIT CARISBAD, CA 92009
2. If you are new in the area you must go to City Hall fo
for your business license. The address is:
1200 Elm Ave.
Carlsbad, CA
619-434-2882
e
3. Utilities prbviding service are:
Pacific Telephone
619-811-3411
San Diego Gas & Ele
1816 Oceanside Blvd
Oceanside, Ca
239-7511 / 436-2401
' 4. The nearest Post Office is: 2772 Roosevelt Stre Carlsbad, CA
729-2456
5. Please address rental payments to:P- #46
Gildred Development
550 West 'C" St. S San Diego, Ca 9210